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OC1969-0907 - ESTATE OF BOTTON
• IN THE COURT OF COMMON PLEAS OF WASHINGTON 00 UNTY, PENNSYLVANIA ORPHANS'COURT DIVISION IN RE:( ) ESTATE OF (NO.88 MA:RCH TERM,197~, ) ROCCO BUTTON,a/k/a (NO.907 of 1969 (63-69-907) )(In Court Below) ROCCO BOTTON,( ) DECEASED.( TO THE HONORABLE THE JUSTICES OF THE SUPREME COURT OF PENNSYLVANI : CERTIORARI having been filed from your Court in the above entitled Estate,I have prepared in accordance therewith,the record,including Docket Entries and all original papers,for Certification to The Supreme Court of Pennsylvania,from the Pennsylvania. ~'-. Orphans'Court Russell Marino Register of Wills and Ex-Officio Clerk of the Orphans'Court Division. .' DOC K E T ENTRIES August 11,1969 APPLICATION FOR PROBATE OF WILL OF ROCCO BUTTON,aka ROCCO BOTTON,late of North Bethlehem Township,Washington County,Pennsylvania,filed by Charles Selvoski,Jr.and Marie Selvoski,his wife,of R.D.#2,P.O.Box 031, Eighty Four,Pennsylvania. LAST WILL AND TESTAMENT OF ROCCO BUTTON,widower,dated March 31,1969,filed,together with affidavit of Jess D. Costa and William J.Stankovich,witnesses to will. stAND NOW,AUGUST 11,1969,it being adjudged that said Will has been approved it is hereby admitted to probate and ordered to be recorded and Letters Testamentary are issued to Charles Selvoski and Marie selvoski,innsaid testament named who was duly qualified. Russell Marino,Register.n August 15,1969 ~PPEAL FROM THE REGISTER OF WILLS OF WASHINGTON COUNTY, PENNSYLVANIA in admitting to probate a certain writing dated the 31st day of March,1969 as the Last Will and Testament of said decedent,and granting Letters Testamentary thereon filed by Samuel Botton;Bloom,Bloom,Rosenberg & Bloom,Attys. "AND NOW,this 15th day of August,1969,security in the above appeal is fixed in the sum of $500.00. AND NOW,this 18th day of August,1969,Bond of Appellant,with sureties in the sum of $500.00 has been filed and approved. Russell Marino,Re~ister" August 18,1969 PETITION FOR CITATION SUR APPEAL FROM REGISTER IN PROBATING \WILL,FILED,by Samuel Botton;Bloom,Bloom,Rosenberg&Bloom,At~si DE CREE AND NOW,this 18th day of August,1969,upon consideration of the annexed petition,a citation is awarded directed to CharlesSelvoski,Jr.and Marie Selvoski .to shO\"l cause why the appeal of Samuel Botton from the decree of the Register of Wills admitting to probate a certain writing, dated March 31,1969 as the Last Will and Testament of Rocco Botton,should not be sustained,the decree set aside, - 1 - and a jury be empaneled to try the following questions of fact: (1)Whether or not,at the time of execution of said writing,the decedent was a person of sound mind? (2)Whether or not the said writing was procured by undue influence,duress and constraint practiced upon the said decedent by Charles Selvoski,Jr.and Marie Selvoski,his wife. Returnable sec.leg.,Sept.22,1969 at 10:00 o'clock A.M. BY THE COURT P.V.MARINO, P.J.1t Citation Issued:August 18,1969. August 18,1969 -PETITION TO DETERMINE TITLE TO PERSONAL PROPERTY OF DECEDENT, Filed by Samuel Botton,per Thomas D.Gladden,Esq.,of Bloom,Bloom,Rosenberg &Bloom,Attys. DECREE nAND NOW,this 18th day of August,1969,upon consideration of the annexed petition,a citation is awarded directed to Marie Selvoski to show cause why the petition of Samuel Botton for determination of ownership to personal property of Rocco Botton,deceased,should not be heard.In the meantime,Mellon National Bank and Trust Company is ordered to "freeze"the account as set forth in the attached petition and to allow no transactions in connection with it until further order of Court. Returnable sec.leg.,Sept.22,1969 at 10:00 o'clock A.M. BY THE COURT P.V.MARINO, P.J. Citation Issued:August 18,1969. August 18,1969 --RETURN OF SERVICE OF CITATION upon James M.Marshall,Vice- President and Manager of Mellon National Bank and Trust Co., by Guy A.Rogers,Deputy Register of Wills on Monday, August 18,1969 at 11:07 A.M.,FILED. August 20,1969 --PETITION TO ENJOIN USE OF FUNDS,of Samuel Botton,by Thomas D.Gladden,Esq.,of Bloom,Bloom,Rosenberg&Bllom,AttysJiled o R D E R "AND NOW,to wit this 20th day of August,1969,upon con- sideration of the within petition,a citation is awarded directed to Marie M.Selvoski to show cause Why the prayer of the petitioner should not be granted.During the pendency - 2 - August 21,1969 of this proceeding all moneys paid to Marie M.Selvoski by Mellon National Bank and Trust Company from the Savings Account No.61-325,closed by her on August 12,1969,are frozen and the said Marie M.Selvoski or her designees are temporarily enjoined from using any of the said funds for any purpose. Rule returnable sec.leg.Tuesday,September 2,1969,at 10:00 o'clock A.M. BY THE COURT P.V.MARINO, P.J.tt Citation Issued:August 20,1969. -RETURN OF SERVICE OF CITATION upon Charles Selvoski,Jr.and Marie Selvoski in Ontario,R.n.#2,Box 03l,Eighty-Four,Pa., by Guy A.Rogers,Deputy Register of Wills on Thursday, the 21st day of August,1969,at 7:10 P.M.,FILED. August 19,1969 -ANSWER TO PETITION OF SAMUEL BOTTON TO DETERMINE TITLE TO PERSONAL PROPERTY OF DECEDENT,FILED BY SCHMIDT,ALLISON & TOWNSEND,by Jonathan Allison,Esq.,Attorneys for MelJlon National Bank and Trust Company,Respondent. 'AND NOW,this 19th day of August,1969,I hereby accept service of the within Answer and acknowledge to have received a copy of the same. Bloom,Bloom,Rosenberg and Bloom By Thomas D.Gladden Attorney for Peti tioner.' August 27,1969 -ANSWER TO PETITION TO ENJOIN USE OF FUNDS,filed~by JOHN F. BELL,ESQ.,Attorney for MARIE M.SELVOSKI,respodent. '8-27-69 Ans accepted - T Gladden sept.2,1969 -PROCEEDINGS ON CITATION RETURN BEFORE:THE HONORABLE P.VINCENT MARINO,President Judge of the said Court: APPEARANCES:THOMAS D.GLADDEN,ESQ.,of Washington,Pa., representing the Petitioner. JOHN F.BELL,ESQ.,of Washington,Pa., representing the Respondent,Marie M.Selvoski TIME:TUESDAY,September 2,1969,at 10:00 o'clock A.M. '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 cause,and that this copy is a t· correct transcript of the same. Jacqueline Hammond Official Stenographer - 3 - The foregoing record of the proceedings upon the hearing of the above cause is hereby approved and directed to be BY THE COURT, P.V.MARINO,P.J.. filed. September 12,1969 -ANSWER TO PETITION FOR CITATION SUR APPEAL FROM REGISTER IN PROBATING WILL,by JOHN F.BELL,ESQUIRE,Attorney for Charles Selvoski,Jr.,and Marie M.Selvoski,his wife, respondents,FILED. 'Received within copy of Petition this 12th Sept 69 Bloom Bloom Thomas D Gladden' September 12,1969 -ANSWER TO PETITION OF SAMUEL BOTTON TO DETERMINE TITLE TO PERSONAL PROPERTY OF DECEDENT,filed by JOHN F.BELL, ESQUIRE,Attorney for MARIE M.SELVOSKI,respondent. 'Received with copy of Petition this 12th Sept 69 Bloom Bloom Thomas D Gladden' October 28,1969 -HEARING ON PETITION FOR CITATION SUR APPEAL FROM REGISTER IN PROBATING WILE BEFORE:THE HONORABLE P.VINCENT MARINO,President Judge of the said Court. APPEARANCES:BLOOM,BLOOM,ROSENBERG &BLOOM,ESQS.,by THOMAS D.GLADDEN and MILTON D.ROSENBERG,ESQ., of Washington,Pennsylvania,representing the Contestants. JOHN F.BELL,ESQ.,of Washington,Penna., representing Charles Selvoski,Jr.and Marie M. Selvoski,his wife,the Proponents. TIME:TUESDAY,OCTOBER 28,1969,at 10:00 o'clock A.M. Stenographer's Certificate 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 cause,and that this copy is a cor rect transcript of the same. Jacqueline Hammond Official Stenographer Certificate of Hearing Judge The foregoing record of the proceedings upon the hearing of the above cause is hereby approved and directed to be filed. Dated:Dec.4,1969 By the Court, P.V.Marino, P .:itJ • April 1,1970 -HEARING ON PETITION TO DETERNINE TITLE TO PERSONAL PROPERTY OF .DEC EDENT • BEFORE:THE HONORABLE P.VINCENT MARINO,Judge of said Court. APPEARANCES:BLOOM,BLOOM,ROSENBERG &BLOOM,ESQS.,by Thomas D.Gladden and Milton D.Rosenberg,Esq.,of Washington, Pennsylvania,representing the Petition~r. JOHN F.BELL,ESQ.,of Washington,Penna., representing the respondent. - 4 - TIME:Wednesday,April 1,1970,at 10:00 o'clock ~.r1.,EST. Testimony transcribed -April 8,1970. I hereby certify that the proceedings and evidence are con- tained fully and accurately in the notes taken by me on the hearing of the above cause,and that this copy is a correct transcript of the same. Jacqueline Hammone Official Stenographer The foregoing record of the proceedings upon the hearing of the above cause is hereby approved and directed to be filed. Date:i Apr.8-1970 By the Court, P.V.Marino, J. ••• JULY 17,1970 --ADJUDICATION,M..A.RINO,J.,JULY 17,1970,FILED. (On Pet.to Determine Title) •• •••• •• ••• ••••••• • • •• •• •••• We have no way of knowing what the cards might have disclosed, or the reason for claimant's withholding them from the record. But we cannot construe a writing or agreement whose terms are unknown to us.Consequently we have before us the bare statement of the witnesses that there was a signature card executed by Rocco Botton and Marie M.Selvoski.If this was a tentative trust,what was the necessity of her signature on the card?Was she permitted the privilege of withdrawing funds during his lifetime?We cannot be sure,as we do not have the agreement in evidence. The claimant-respondent has not sustained her burden of proof to show donative intent of this donor.This lacking,we must grant the prayer of the petition,and find that the purported transfer of the subject savings account to the respondent lacked donative intent,is invalid and of no effect;and it is directed that the full amount of said fund be returned to the Mellon Bank. The Mellon Bank was originally made a party to this action, but upon filing its answer to the effect that the entire fund of $23,561.05 was paid to Marie M.Selvoski on August 12, 1969"•••according to the terms of the account contract "the bank no longer participated in the matter at hand. -5 - July 27,1970 - This court now orders that the full amount be returned to said bank by Marie M.Selvoski,she having no interest in same. The bank shall deposit said moneys in the account as held immediately prior to April 1,1969,to-wit,in the name of decedent and his daughter,Florence Lerum;the old account shall be reactivated,but it shall remain frozen by the bank, which shall permit no withdrawals,Until further order of the court. BY THE COURT, P.V.MARINO, J. EXCEPTIONS TO ADJUDICATION (of July 17,1970) AND NOW,JULY 27,1970,EXCEPTIONS TO ADJUDICATION of the Orphans'Court of Washington County,Pennsylvania,dated July 17,1970,filed by John F.Bell,Esq.,on behalf of Marie M.Selvoski,Exceptant.--Counsel for the exceptant does hereby certify that the foregoing exception is not intended for delay.JOHN F.BELL,John F.Bell,Attorney for Exceptant. AND NOW,to wit,this 27 day of July,1970,I hereby accept service of the within Exceptions to Adjudication and acknowledge receipt of a copy thereof. Bloom,Bloom,Rosenberg and Bloom T.Gladden December 31,1970 -o PIN ION OPINION,MARINO,J.,dated December 31,1970 --FILED RE:Exceptions to the court's Adjudication of July 17,1970 on behalf of Marie M.Selvoski -filed and argument had thereon. -The claimant-respondent,occupying a confidential relation- ship with decedent,has utterly failed to sustain her burden of proof to show that the transaction under scrutiny was un- affected by taint of undue influence,imposition or deception; that the form of benefit received by her was the result of the free,voluntary and intelligent act of the person giving it. The adjudication of the hearing judge is confirmed absolutely. BY THE COURT, P.V.MARINO, J. - 6 - ......,1 January 12,1971 -CERTIORARI to the Court of Common Pleas,Orphans'Court Division for the ~ounty of Washington,IN RE:ESTATE OF ROCCO BUTTON aka ROCCO BOTTON,DECEASED --APPEAL OF MARIE 'M:.SELVOSKI,returnable the 3rd Monday of March, A.D.1971,Supreme Court,Western District,--from the Order of your said Court at No.907 of 1969 (63-69-907); filed to No.88 MARCH TERM,1971,by THOMAS J.TERPUTAC and JOHN F.BELL,Attorneys for Appellant. January 15,1971 - January 27,1971 - NOTICE OF APPEAL AND ACCEPTANCE OF SERVICE To Appellee or his Counsel: You are hereby notified that on January 12,1971 an appeal was taken to the Supreme Court of Pennsylvania in the above entitled case at No.88 March Term,1971,by Marie M. Selvoski and that this appeal will be on the list for the week of March 15,1971,at Pittsburgh John F.Bell Thos J.Terputac Attorneys for Appellant. January 15th,1971,Service of the foregoing notice is hereby accepted. BLOOM,BLOOM,ROSENBERG &BLOOM BY Milton D.Rosenberg FILE IN COURT BELOW o R D E R AND NOW,this 27 day of January,1971,it appearing to the Court that an Appeal to the Supreme Court of Pennsylvania has been taken by John F.Bell and Thomas J~Terputac,Esqs.,attorneys for Marie M.Selvoski,and upon motion,the Register of Wills and Clerk of the Orphans' Court is hereby directed to compile and deliver to the said attorneys the docket entries and relevant papers in order that they may prepare the printing of the Brief and Record. BY THE COURT: P.V.MARINO, J. ••I I • February 19,1971 --STATEMENT OF QUESTIONS RAISED ON APPEAL,of MARIE M.SELVOSKI,by her attorneys,JOHN F.BELL and THm1AS J.TERPUTAC,ESQS.,FILED.------------------------AND NOW,this 19 day of February,1971,I hereby accept service of the within statements of Questions Raised on Appeal and acknowledge to have received a copy thereof. B B R &B by Milton D Rosenberg Attorney for Appellee February 24,1971 --RULE TO SHOW CAUSE WHY MARIE M.SELVOSKI SHALL NOT BE HELD IN CONTEMPT OF COURT of Samuel Botton, by his attorneys,Bloom,Bloom,Rosenberg &Bloom,Esq., FILED.--------------- AND NOW,this 24 day of February,1971,service of the within Petition is accepted and receipt of a copy thereof acknowledged. ---------- - o R D E R John F.Bell----------- A}!D NOW this 24 day of Feby 1971 a Rule is hereby issued upon Marie M.Selvoski to show cuase Why an attachment should not be issued against her for contempt in refusing to carry out the orders of the said Court at the above number and term and for refusing to account for moneys received in behalf of the decedent,Rocco Botton. C G Sweet - 8 - -I •.,., ,.• --,--.. ,-_.\.0.._ EXHIBITS PROPONENTS'EXHIBITS: ,_.- ., I I i"I I I j I i, ! i I!I I!lIII! I I I ·1 .......:.,' Photocopy of Last Will and Testament of Rocco Botton,dated March 13,1967. Washington Hospital "records for Rocco Botton. Letter dated July 31,1969 to Marie &Family from Viola. Contract between Thompson Funeral Home and Rocco Botton, dated A pril I,1969. Register of Wills Certification~ Photocopy of Last Will and Testament of Rocco Botton:,dated March 31,1969. Letter dated May 6,1969,from Florence Lerum. 1 - 2 - 0(Iz , ~3 -~IU'l~4 -III Q, 5 5l-e>z ' J:U'l<~ uia:~Aa:on.IIIa:, ~B- o I ~! 0(U I ii:l>.o ..:u ' a: I-U'l o ..J ~U o :J.... J: "..~CONTESTANTS'EXHIBITS: If rf, " iI, I I III Ii, f!, ; --..,.--".·-:tt•I J 'f~·· i\pplicatiun fur 'ruhatt uf Ifill nf.~9.~.s.Q ~.~.~9.~.~~.~9.~~~E..!~!~!~·····~~g~TON .North BEthlehem Township, M •••M .late of ,Washington County, Pennsylvania deceased,and o;tant nf 1!jttttf.£l IDt.£ltamtntary. REGISTER'S OFFICE,} WASHINGTON COUNTY,SS.: Before the Register of Wills of Washington County,personally appeared.S~~E.~.~.~~.~!.Y.?:::~.~..!~~..:..!?.:~.~~.?:~.~~~.~.~y.9..~.~~.~wh0 being duly sworn says that ~9.~.~.~~E:~.!:??_;late resident of ...~Q.:F..:t.1!~.~.:t.h.*.!?h!?m ~.;Washington County,Pennsylvania,a citizen of .Jl.~§..~l:\..~died Washington Hospital, testate at..~.~§h.~.n9.:t..9.n..t..J~.~:m},~.~..!.on the.JH~h day of...~g.9Y.~.t A.D.19 9..~ at..~..:}g o'clock ?..~m.,age ??.leaving an estate of the estimated value of $..:Q~9~E.!?:£m~n!?..g .. .Undetermined .. .North BethlehempersonalIty,and $realty,saId real estate beIng located In .. ....:+.Q~!1§h.;.P..I.W~§1!J.n.9:t..Qn ~.Q.gn:t..Y..,p..!?.~n~y..*.y..~nJ~..,.. The decedent's legatees and devisees are as follows: NAME Samuel Bottone Viola Bergman Florence Leum Joyce Selvoski Jeffrey Selvoski Janet Selvoski RELATIONSHIP RESIDENCE Loc No.4 Son J'Jprth 9pp.r~e'!ipi~:.'Y,eJilnp.•", • Daughter Oelwein,Iowa Daughter Indianapolis,Indiana None R.D.#2,Eighty Four,Pa. None R.D.#2,Eighty Four,pa. None R.D.#2,Eighty Four,Pa. / Testator has ??..~married and ~~children have been born since the execution of the will offered for probate. Petitioner prays that the paper writing filed herewith dated ~~.:::~.~~.~.~~.?.~.~.. may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters Testamen- tary thereon to SE.~.E.!.~.~~~.~.Y9.~~.~.!.q,E..~..!~.~.9.M:~E.!.~~.~.!Y.:~~.~.!~.. whose postoffice address is ~.:R.~!t~.!~.~2.~~?.~Q}!.!.?.!.9.E..~.y.!'.9.~.E.!.~~.~.!?:~..~_,. Sworn to and subscribed before me this........!.~.~.~......... day of....fl~.~.~~.!:=';?c=--7-A.D.1~~.~.:;.. ...................l~.~:dZ~~. Register ;,r/.............··T~·,, ..g2/4t.4-;.~~. ------' r COMMONWEALTH OF PENNSYLVANIA,}55.: VVASHlNGTON COUNTY,Charles Selvoski,Jr.,and August 11th,69 Marie Selvoski,And now ,19 ,,comes :-;.. who being duly sworn doth depose and say that !.~.~¥.will well and truly administer the goods and chat- tels,rights and credits of :g2.£~.2 ~.~.~.E9..!}deceased,. to the best oth.~.~.~....skill and judgment in strict compliance with the laws of this Commonwealth,mind- ful of the laws relating to inheritance taxes. Sworn and subscribed before me this ,!,!,!:h .. ~gust 69dayof...:.:~#~D.19.:..............i . Register ~~~..~. 1//)'......~4/.4.4.e.t..~~. I >.•Q) ?v ~~ =...0 PI .~ ""J \)4 .r-!O'I!,c ·,...···""'4.fO~li,~.\0:..~,"-l/) oi .s::~:~:~'-,Lr-"D'}.~~!0:~!r L J8!':~~:~~l si .r-!j 'r-!l .'69 nUG II PH 12 01 rol Iii ;(!w:i l/):;(j,c!-IJ!O!l/)! -IJ1 ~..!"d w!::>i OJ l/)! =~!l/)! ::>1 0 ~Z!Q)~:~!o i gj ~!.:wl ~! u 0'1 W!RUSSEll t.IARIN.O 0 ....8!~~!(I)!....~!o W!~!C/)! REG.ISTER 0F wru,.s . ~....I!l!l/)! Cl•wi'\J I!ll ,c!-d W!.r-!1 WASHINGTON CO .•PA• • Q)~!\01 -IJ:......~!~l ~ u!~!§101 ~l~81 0:I-<,c!Zl d u:~~I ~<I)'00I-<0 s::r Q) It!Q)............~......l::: .('(') Q)::>...:l ...:l~: ~~ "t ,\,,?•.t .~_'---.;.....__ •.l Form No.15 (1960) Will ,.( ..,.. Washington County BarAssociation Washington,Penna. tust Ifill au~wrstumrut I ROCCO BUTTON widower --- - - - - -~- - - - - - - - - - - -,•.•••••••••.••••••••••••••••••••••••.••.•••••.•_.J _••.1.•.••.•..•••.••••._•.••..•.•.••..•••••••••••••••••.••.•••..••..••••••.••••..•.•.•.••.•.•.••.•••.••..••••••.•••.••.•••...•.•••••_••••_•.•••••••••••••••, of NQ;r.~.~~.~..~.h!.~.h~.m ~.9.w.~~.p.Jp.t.....w~.~.P..!P:g~9..~Q.Q~.~y.I ~.~P.:~~y..~.y~.~!.~.~_ _ , being of sound mind and memory and understanding,do hereby make,Pllblish and declare this to be my Last Will and Testament,in manner and farm foHowing,hereby revoking any will or wills heretofore made by me. First.I direct that all expenses attributable to my last illness and funeral be fully paid and satisfied,as soon as conveniently may be,after my decease. Second:I hereby give and bequeath unto my children namely, Samuel Bottone,Viola Bergman and Florence Leum,the sum of One ($~OO). Dollar each. Third:I hereby give,devise and bequeath all of my property, real,personal and mixed,of whatever nature and wheresoever situate, which I may own or have the right to dispose of at the time of my death,unto JOYCE SELVOSKI,JEFFREY SELVOSKI and JANET SELVOSKI,in equal proportions,share and share alike.- - - - - - - - - - - - - (J ~-------- - ----- -------- ------ --- If-''~-:-- ...-_•.J-_~ \I do hereby make,constitute and appoint Charles Selvoski,Jr.,and Marie Selvoski,his wife,- - - - - - - - - - - - - - - - - - - - - - - to be my eXlecut ore of this my Last Will and Testament to serve wi thout bond. IN WITNESS WHEREOF,I Rocco Button the Testat or above named,have hereunto subscribed my name and affixed my seal,the 31st, day of March in the year of our Lord one thousand nine hundred and sixty-nine. ~~~..~."'~(SEAL)(j6X.V··//v Signed,sealed,published and declared by the above named - - - - - - - - - - - - - - - --,as and for his Rocco Button Last Will and Testament in the presence of us,who have hereunto subscribed our names at hie thereunto,in the presence of said testat or request as witnesses ~i t L!..;0\i <l)""-oi .......;-+-'~~i ff:l~k ......--+bJJ4l!<l) ):J~~.-:~~Oi 0 ....:l"Oi >-oj.)t--"",-.....t ~~ oj.)a$0 u.la~0 o ::-,--t o:l.~Z!.-o t>~'+-<~!.- •s::0 ......•H ~Q H0P'"d 0 '".oj.)~<l)......•oj.).......Ij<~d -......'"d'+-<<l):---SJ d '"d '"d0~l-o d C\j 0uI'"d <l)~<l)~Q):>0 '"d bJJ--.:l l-o ~C\j ~C\j ~ ,.. (,•;y •#•4.,_~..._-----.:::...::\'a .' ~. QIommouwralt4 of Jruusyluanta Dlht51ltngtnn ·Qlnuntg.55: .,.'", .....1 ..4; BE IT REMEMBERED,That upon this ll.t.h day of AB-gY.:~.t .. 19..2.9 ,before me ~~.~.~.~.~~~~!.~!!:.?Register for the probate of Wills and granting Letters of Administration within and for said county,came . Jess D.Costa and William J.Stankovich ............................................................................................................the subscribing witnesses to the foregoing attached Will of .............................................~.~~.~.Q.~9..~~.9.p... deceased,who,after being duly qualified according to law,depose and say:That they were present at the execution of said Will-saw the testat...Q!'sign the same-heard publish it as and for Hi S I HT'II d T . h h His . .His I .-h·..............................ast v\1 an estament,t at t ey at..lequest,m presence,anc II.t e presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said testat..9..r.was of sound,disposing mind,memory and understanding,to the best of the affiants' knowledge and belief. (Ew rn and Subscribed Before Me I .~t7Jl ~~ ...........................~.~.. Register ~9 • i(nnlU 1\11 :mrn ig IDl1ese 'resents Estate of ~.?.~.~.~~.~.~..~..~~..........................................}N f 19NorthBethlehemTwl?0 0 ..late of ,Deceased KNOW ALL MEN BY THESE PRESENTS, That we,....~~.m~~.l.J?.Q.~~.QP:....~.~...f.r..~~9.Jp~.~...~.~g ....y..:gJ~.~.g......$.~.~.~~.~....r..~g.~J.J.~y....~.P.:g...g.~a ranty Co.Baltimore,Md.Surety all of Washington County,Pennsylvania, are held and firmly bound unto the Commonwealth of Pennsyl- . f h f h'd'h . h f Five Hundred D 11vama,or t e use 0 t ose mtereste m t e estate,m t e sum 0 0 ars,to be paid to the said Commonwealth,to which payment,well and truly to be made,we do bind ourselves, jointly and severally,for and in the whole,our heirs,executors,administrators,successors and assigns,and each and every of t~em,firmly by these presents.Sealed with our seals and dated the JJ~.~h~day or .........................~.l.lgJJ..s.t A.D.,one thousand nine hundred and $..+.~.t.y.N1n~.. THE CONDITION OF THIS OBLIGATION IS,That if the above bounden . Samuel,.)Botton bond of Appellant on Appeal of Probate of Will..........·..· ·..·..· ·..·or R·o·c·c·o·..B·ot·l;·on :. u~or any of them,shall well and truly administer the estate according to law,this obligation shall be void as to those who shall so administer the estate;but Otherwffie~:~::a~~:'~:e:::::c:~epmence of'~·?#~Dd(a~~~ntyCo.~tdtt.~_...._.......B~~t ~....~:..~~::~..';~l ..................~.~.~~.~........;~(SEAL) 8'tattmtnt of ~urrt!J I,~,surety in the sum of $on the administration bond in the estate of..,say that I reside at ..............................................................................,Washington County,Pennsylvania;that I am the owner of real estate, the title to which is in my own name and duly recorded,situated in , Washington County,Pennsylvania,worth above all e:h~umbrances $;and that I am worth the amount expressed in said bond,over and above my just debts and liabilities. Street 8'tattmrnt of §urrt!J P.O. I,:,surety in the sum of $on the administration bond in the estate of...,say that I reside at ..............................................................................,Washington County,Pennsylvania;that I am the owner of real estate, the title to which is in my own name and duly recorded,situated in;, Washington County,Pennsylvania,worth above all encumbrances $;and that I am 'North the amount expressed in said bond,over and above my just debts and liabilities. Street P.O. COMMONWEALTH OF PENNSYLVANIA,}SS. WASHINGTON COUNTY,. And now 19 coines .. who being duly sworn,says that he is acquainted with the financial standing of the securities to the within bond;that the said obligors have each executed the said bond and that the sureties thereto are the owners of real estate in their own right of value more than the penal sum of said bond over and above all incum- brances and exemptions. Sworn and subscribed before me this .. day of A.D.19 . .~2J-!o?-90 7No.._ Abminilitratinn 1Bnnb IN THE ESTATE OF _&~f!.J/)190 -rrD /)I l, - ..... •And now _____.19 -Bond approved and Letters issued to ~"""'i'1~~c..o~m~--..~...:),.""c:::::---I::t:.~v."C")-~(,~1:""",'"~-~r.",---.t 1 t C·rn i-r'v."'> ~ -\-~r-o:2:!.:0_-,.."'1;!-.;l,.... Q-,,"~Q.....:;.~~r=:E "Qr:-O:;,..~'. t9<.J"'Bn'd Book /~~ ....2 ::sx:-:::::: ..I;:' -.t c:; ~ Register Page~O J t/• - •.'. COURT OF COMMON PLEAS OF WASHINGTON COUNTY ORPHANS'COURT DIVISION IN RE: ESTATE OF: ROCCO BOTTON, Deceased. ) ) ) )No. ) ) ) APPEAL FROM THE REGISTER OF WILLS OF WASHINGTON COUNTY,PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA .:.1 SS: COUNTY OF To:Register of wills of Washington County,Pennsylvania The undersigned hereby appeals to the Orphans'Court Division of the Court of Common Pleas of Washington County, Pennsylvania from the decision of the Register of Wills in the above estate,admitbh~to probate a certain writing dated the .1/'!!-day of March,1969 as the Last Will and Testament of said decedent,and granting Letters Testamentary thereon. =~/tf3J~· Samuel Botton Samuel Botton,being duly sworn,doth depose and say that the above mentioned appeal is not intended for delay. Sworn and subscribed to before this ./r ¥day of r::i2~,1969. _~~tV'uiU. Register ~ AND NOW,this IS-day of ~,1969,security in the ab0ve .I~appeal is fixed in the sum of $6'-P ~I .• AND NOW,this /ydday of ~~1969,Bond of ...1/' Appellant,with sureties in the sum of $S-oo.has been filed and approved.~-df7~~ Register ....~• COURT OF COMMON PLEAS OF WASHINGTON COUNTY ORPHANS'COURT DIVISION IN RE: ESTATE OF: No. ROCCO BUTTON a/k/a ROCCO BOTTON, ) Deceased. Petition for Citation sur Appeal from Register in Probating Will To:The Honorable P.V.Marino,Judge of said Court: The Petition of SAMUEL BOTTON respectfully represents: 1.That Rocco Botton died on August 8,1969,a resident of the County of Washington,State of Pennsylvania, I leaving ~o survive him as the persons entitled to his estate under the intestate laws: Samuel Botton Viola Bergmann Florence Lerum Son Daughter Daughter 1/3 interest 1/3 interest 1/3 interest 2.That your petitioner is a party in interest in the estate of the decedent entitled as a surviving son to a one- third (1/3)interest under the intestate laws. ' ..1"3.That a certain writing alleged to be the Last Will and Testament of decedent,a copy of which is hereto annexed purporting to have been made on March 31,1969 and was admitted to probate in Washington County as the Last Will and Testament of the said decedent on August II,1969 and Letters Testamentary were granted to Charles Selvoski,Jr.and Marie Selvoski,his wife,as Executors under said writing. • 4.That on August 15,1969,your petitioner filed his appeal from the decree of the Register and duly entered the security required by Act of Assembly. 5.That your petitioner believes,and expects to~be able to prove that,at the time of the execution of said writing, the physical and mental conditomof the decedent were gravely impaired by illness and infirmities,and that he was not a person of sound mind,capable of disposing by Will of his estate~and further,that said writing was procured by undue influence,duress and constraint practiced upon the said decedent by Charles Selvoski,Jr.and Marie SelvosKi,his wife, named in said writing as Executors and being the parents of the three residuary legatees. 6.That the said Rocco Botton suffered from arterio- sclerosis and was unable to make decisions concerning his pro- perty or his welfare,and that from March of 1969 he resided with Charles Selvoski,Jr.and Marie Selvoski,his wife,who kept him captive,both physically and mentally and denied him the right of private visitation with his family and friends. Your petitioner therefore prays your Honorable Court to award a citation directed to all parties in interest in the decedent's estate as heirs,relations or next of kin,devisees, legatees or executors,to wit: Samuel Botton 428 Fourth Street N.Charleroi,Pennsylvania Viola Botton Bergmann 15 Fourth Street NW Oelwein,Iowa 50662 Florence Botton Lerum 4968 Knollton Road Indianapolis,Indiana '.• Joyce Selvoski R.D.#2 Eighty-Four,Pennsylvania Jeffrey Selvoski R.D.#2 Eighty-Four,PennsylvanE Janet Selvoski R.D.#2 Eighty-Four,Pennsylvania Charles Selvoski,Jr. R.D.#2,Box 031 Eighty-Four,Pennsylvania Marie Selvoski R.D.#2,P.O.Box 031 Eighty-Four,Pennsylvania to show cause why the said appeal shall not be sustained,and the decree of the Register set aside and issued be directed, to try by a jury,the following questions of fact: (a)Whether or not,at the time of execution of said writing,the decedent was a person of sound mind? (b)Whether or not the said writing was procured by undue influence,duress and constraint practiced upon the said decedent by Charles Selvoski,Jr.and Marie Selvoski,his wife? I •.'. .- COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF WASHINGTON Personally appeared before me,the undersigned authority,SAMUEL BOTTON,who,being duly sworn according to law,deposes and says that the facts set forth in the within Petition are true and correct t~the best of his knowledge, information and belief. ..--;;;>Samuel Bot"bon Sworn and subscribed to before me this 15th day of August,1969. ROWENE EBELING,Notary Public My Commission Expires February 8,1973 Washington,Washington County,Penna. ",•0- COURT OF COMMON PLEAS OF WASHINGTON .COUNTY ORPHANS'COURT DIVISION IN RE: ESTATE OF: No. ROCCO BUTTON a/k/a ROCCO BOTTON, Deceased. DEC R E E AND NOW,this .o7J!:. /0 ~ay of August,1969,upon con- sideration of the annexed petition,a citation is awarded directed to Charles Selvoski,Jr.and Marie Selvoski to show cause why the appeal of Samuel Botton from the decree of the Register of Wills admitting to probate a certain writing,dated March 31, 1969 as the Last Will and Testament of Rocco Botton,should not be sustained,the decree set aside,and a jury be empaneled to try the following questions of fact: (1)Whether or not,at the time of execution of said writing,the decedent was a person of sound mind? (2)Whether or not the said writing was procured by undue influence,duress and constraint practiced upon the said decedent by Charles Selvoski,~Jr.and Marie Selvoski,his wife. Returnable sec.leg."--V-r!+'--...-."--,I 1 ("." (6';--2>~4r/f.. I. I .', COURT OF CO}mON PLEAS DIVISION lln ID11r ®rpQUn5'QIourt of liul1l1tngtnn QIonniy,Jrunl1!Jluuuiu ~~E:(( IH ESTATE OF))(or 6 t .0 (NO.907 of 1969 ROCCO BUTTON a/k/a ).l'tlt1r UfM)(63-69-907) ROCCO BOTTON (,~.,~'(---DE~EAsED.)) '.'Olummouwpultq of ~ruufiyluuuta {nn: QIuuutn of llmu£111ugtOlt .~ To:CHARLES SELVQSKI,JR.and MARIE SELVOSKI Sur Petition of:SANDEL BOTTON ~rrrttng: lllIIr Qtummaub iou,CHARLES SELVOSKI,.J1.and HARlE SELVO?IIT that,layrng aside all business and excuses whatsoever,you do file in the Division .office of the Clerk pf our Orphans'Court/of Washington County,a full and complete answer,under oath,to each and every of the averments of the said petition,on or before 'Ur1uODU1Jo,ds;l..aYfI--_'the 22;jd day of _J:.S~e,;,.!.p~t~emw.1b~er~__ 1963-,at 10 ;QQ o'clock -A-.M.,and show cause why the anneal of S~luel Botton from the decree of the Register of wilb admitting to probate a certain writing,dated Barch 31,1969 as the.Last.Jill and ___.51_~~a~e~~_o~~gsc~~<2-~t~nL ~Qou!~_~9~_§.~_2~~t~.:!;~~3:,_t!i~_~;3_~_s~_"C ..a-~het!t~ and a jury be empaneled to try the following questions.of fact:,···"0 ~, (1)\~etheror not,at the time of execution of said writing,the decedent was a person of sound mind? (2)Whether or not the said writing was procured by undue ~nfluence, duress and constraint practiced upon the said decedent by Charles Selvoski,Jr.and Marie Selvoski,his wife.~ WITNESS the Honorable P.Vincent Marino,President Judge of our said Court,at Washington,Penna.,the ~day of August ,19 69. ~.~=~~ Clerk of the OrphansI Court Bloom,Bloom,Bosenberg&Bloom,Esq. Attorney for Petitioner. (Seal) ... j,.'1 COURT OF COrfrl0N PLEAS '.11u wl1r ®rpqaun t Qtou~IJJflifa511ittgtnu QIounlyt Jrutt5yluania -IN RE:(( ~.ESTNfE OF)) ~OCCO BUTTON,a/k/a (~f.1i to ttl'I1f".~'A~.n.U (()NO.907 of 1969-ROCCO BOTTON 3 ~~~(63-69-907) Deceased.)) (1JommOltwrultlr of Jrunnyluanta {55: aInuuty of JIun111uglnn } To:MARIE SELVOSKI and MELLON NATIONAL BANK AND TRUST COMPANY Sur Petition of:SAMUEL BOTTON I . ~r.rrttug: )!Ir <:!!nntmaub 1!Jou t HARlE REI.vnSKT and MRT.T.ON NATTONAI,B~K....AND TRUST COHPANY, that,laying aside all business and excuses whatsoever,you do file in the Division ..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 petition,on or before ....;1':..:,1o.::::..:n:.::.d.::;..a=:..y.L--,the22nd day of SeDtember H69 ,at 10 :00 olclock ..!-.M.,and show cause why the peti tion of Samuel Botton for determination of ownership to personal property of Rocco Botton,deceased,should not be heardo In Lhe:meatiLlmc,Nellon National Bank and Trust Company is ordered to lIfreeze"the account as set forth in the attached petition and to allou no transactions in oonnooti on "lith it until further ordor of Court·:.. and fu'rther 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. Clerk of the Orphansr Court WITNESS the Honorable P.Vincent Marino,President Judg~of our said Court,at Washington,Penna.,the ~day of August ,19f!/-. ~?zz~ Bloom,Bloom,Rosenberg&Bloom,Esq. Attorneysfor Petitioner. (Seal) .-,--.. L~·..;.c:~~=,'/.=:'{~c::.:-""'·l=~:'fW':o::::~-~~==.~.-,.-=,--,,=~=-~-.--.-=.•...;'_-_'--._-.~~.._.-~.."=._-......,..c··....-.~,...",:_.-.~.........>~,,~...............--,. ..,._-................_....-..---~_.-..-.•"'-.....•_""...........:.;:..,.w~~,~......"'-,',;;....~.:..,.~,"'_~·ft::....j~~.-.,.~·.'•.".,_-'._.'--'-.~_._."~~~'-<."- ·'e r",tit e""': ~"i;..~;c. COURT OF COMMON PLEAS OF WASHINGTON COUNTY ORPHANS'COURT DIVISION IN RE: ESTATE:,OF: No. ROCCO BUTTON, a/k/a ROCCO BOTTON, Deceased. PETrTION TO DETERMINE TITLE TO PERSONAL PROPERTY OF DECEDENT To:The Honorable P.V.Marino,President Judge: The petition of SAMUEL BOTTON respectfully represents: (1)That Rocco Botton died August 8,1969,a resident of the County of Washington,State of Pennsylvania. (2)That on the date of his death the decedent was the owner of certain money deposited in a savings account in Mellon National Bank and Trust Company and designated as Account No.61-325. (3)That prior to April 1,1969 Rocco Botton main- tained a savings account in the said bank in the name of himself and his daughter,Florence Lerum. (4)That on April 1,1969 the decedent changed the designation of the savings account by deleting the name of his daughter,Florence Lerum,and re-designati~g it as "ROcco Botton in trust for Marie Selvoski." (5)That all the moneys in said account were the moneys of the decedent,and on the date of his death the sum of $23,561.05 represented the balance in said account. (6)Your petitioner believes that the decedent, prior to his death and more particularly about the time of the change in designation of said mentioned account,was subjected to undue influence and imprisonment of his mind<and body by Marie Selvoski,and that because of his poor physical and mental condition was unable to comprehend the meaning of his act. (7)That your petitioner is the only son of the decedent,and two daughters of the decedent live outside the Commonwealth of Pennsylvania.All three children of the decedent maintained a close family relationship with him until the time when decedent came under the influence of Marie Selvoski. (8)Your petitioner believes that the money in the said account should be held,pending determination of title thereto upon hearing.It is your petitioner's belief that the sum should then be divided equally among the decedent's cnildren. WHEREFORE your petitioner prays your Honorable Court to cause a citation to issue upon Marie Selvoski so that a hearing may be had to determine the title to the aforementioned savings account,and pending determination the sum in said account be frozen with Mellon National Bank and Trust Company so that no withdrawals may be made. tit .. /-./ COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF WASHINGTON Personally appeared before me,the undersigned authority,SAMUEL BOTTON,who,being duly sworn according to law,deposes and says that the facts set forth in the within Petition":bo Determine Title to Personal Property of Decedent are true and correct to the best of his knowledge,information and belief. -'"Samuel Botton Sworn and before me subscribed to this /j--tt:;.~y of August,1969. ROWENE EBElING,Notary Public My Co~mission Expires February 8,1973 WashlOlIton,Wa,njngton Co'"nll!L-..",ennil. •-lilt •,"' COURT OF COMMON PLEAS OF WASHINGTON COUNTY ORPHANS'COURT DIVISION IN RE: ESTATE OF: No. ROCCO BUTTON a/k/a ROCCO BOTTON Deceased. AND NOW,this of August,1969,upon consider- ation of the annexed petition,a citation is awarded directed to Marie Selvoski to show cause why the petition of Samuel Botton for determination of ownership to personal property of Rocco Botton,deceased,should not be heard.In the meantime, Mellon National Bank and Trust Company is ordered to "freeze" the account as set forth in the attached petition and to allow no transactions in connection with it until further order of Court. •State of Pennsy1vania( County of Washington)3.S.- Estate of Rocco Botton No.907 of 1969 To the Honorable JUdge within named: I hereby certify and return that on Monday August 18th.1969 at 11:07 A.M.I served the within Citation and 'etition upon the within named James M.Marshall,Vice President and Manager of Mellon National Bank and Trust Company,at their Office 40 South Main St~Wash1ngton Penna.by handing to Him personal1y,,:l8:"tl'UEli.and1·'a,tlte.sted copy,"'of sthe wlth:tn~,L:'-('l Citation and Petition and making known the contellts thereof. So answers ..Y-7 ~./i..C;;:?._./?~ Deputy Register of Wills • ._---~~- ...•._••c.'-~ r ,-* •.. , r r 'J -., t £:Q\t~V 53 8fW 6951 031\:J ----~------------------------------_.................... COU?T OF COHMON PLEAS " NO.907 of 1969 (63-69-907) lin WIrp OOrpl1u115'Ql:OU~l~~fsm~n4iugtOtt Olnunty,Jrnunylnattitt IN RE:(( ESTATE OF)r) (~( \QIUatintt \ (( Q!nnttuotlUlNtltl1 of ~rttnHylltttnht }.-.9s: aInunly of Iht511ingtnn ROCCO BUTTON a/k/e, ROC CO BOTI,O.-l-.,fJ~_.Deceased. , \ To:MARIE M.SELVOSKI SAHUEL BOTTONSurPetitionof:------------- ~rrrttttg: llIe Olotttmattlt llnu.1_,1<\_R_IE_l._1._SEL_",_V_O_SI_U , that,laying aside all business and excuses whatsoever,you do file in the Division office of the Clerk of our Orphans I CourVof Washington County,a full and complete answer,under oath,to each and every of the averments of the said petition,on or before Tuesday ,the 2nd day of September 1969 ,at '10:00 ol c lock L.M.,and show cause why an Order should not be entered by the Court enjoining the said Marie He selvoski or her designees from depleting or using the sum paid to her by I'1ellon <NatlonaI Bank and.'l'rust c.ompany ro a result 01 her aCl~lon In closlng Savings Account No.61-325 until determination of title thereto.:~--Durl~g the pendency-of this proceeding all moneys paid t~Marie M.T~;~~~~~>,~~ Selvoski by Mellon National Bank and Trust Company from the Saving~ Account No,61-32$t closed by her on August 12,1969,are rr~zen and _the said M~!~M.selvosk1 O~her designees a~e temPorarily enjoined from using any of the said funds for any purpose. V1ITNESS the Honorable P.Vincent Marino,President Judge of our said Court,at Washington,Penna.,t~.AUgUst ,19~. ".2ZJ~ ~f the Orphans"Court Divn. BlooBhBloom,Rosenberg&Blaom,Esq. Atwrnc:,ofcr Petitioner. (Seal) 4 ._ .'.·e IN RE: , COUR1'OF COMMON PLEAS OF WASHINGTON COUNTY ORPHANS'COURT DIVISION .,....".'. ESTATE OF: ROCCO BUTTON, a/k/a ROCCO BOTTON, Deceased. No.907 of 1969 (63-69-907 ) • \ PETITION TO ENJOIN USE OF FUNDS----- To the Honorable P.V.Marino,President Judge: And now comes your petitioner,SAMUEL BOTTON,and states as follows: (1)That your petitioner did file with this Court at the above number a Petition to Determine Title to Personal Property of,Decedent. (2)That the personal property in question consisted of a bank account owned by the decedent,ROCCO BOTTON,at the time of his death and designated as follows:"Rocco Botton in trust for "Marie Selvoski.11 (3)'That on April I,1969 when the aforementioned account was established there was deposited in said account $23,561.05. (4)That your petitioner has learned upon Answer of Mellon National Bank and Trust Company to the original petition that on August 12,1969 the said account was closed by Marie M. Se~voski,and the balance of $23,561.05 was paid to her. •'" (5)There is pending determination by your Honorable Court title to the aforesaid money,and your petitioner believes an Order should be entered by this Court preventing the use of the said money or the dissipation of it by Marie M.Se1voski, pending determination of title thereto. WHEREFORE your petitioner prays your Honorable Court to enter an Order enjoining the said Marie M.Se1voski or her designees from depleting or using the sum paid to her by Mellon National Bank and Trust Company as a result of her action in closing Savings Account No.61-325 until determination of title thereto. BLOOM,BLOOM,ROSENBERG &BLOOM •.,4 ..•..,. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF WASHINGTON Personally appeared before me,the undersigned authority,SAMUEL BOTTON,who,being duly sworn according to law,deposes and says that the fac~set forth in the within Petition to Enjoin Use of Funds are true and correct to the best of his knowledge,information and belief. Samuel Botton Sworn and subscribed to before me this,Jv i day Of~'1969. ~E~-C--- My Commission Expires February 8,1973 Washington,Washington County,_,Penna. '.•"'..-.,f J;J. COURT OF COMMON PLEAS OF WASHINGTON COUNTY ORPHANS'COURT DIVISION IN RE: ESTATE OF: ROCCO BUTTON a/k/a ROCCO BOTTON, Deceased. No.907 of 1969 (63-69-907 ) o R D E R-------- -6( AND NOW,to wit this ,to -day of August,1969,upon consideration of the within petitidn,a citation is awarded directed to Marie M.Selvoski to show cause why the prayer of the petitioner should not be granted.During the pendency of this proceeding all moneys paid to Marie M.Selvoski by Mellon National Bank and Trust Company from the Savings Account No. 61-325,closed by her on August 12,1969,are frozen and the said Marie M.Selvoski or her designees are temp~rarily enjoined from using any of the said funds for~y purpose:~~~ Rule returnable -Jec ..leg .~~tr::-'~~ 11 (;J ~Jo;~<~/1..!'f.// BY THE COURT://II " .,......e State of Pennsylvania ( S S••County of Washington ) To the Honorabl~JUdge within named: ....... '....... Estate of Rocco Botton No.907 6f 1969 • I hereby certify and return that on Thursday the 21st.day of August 1969,at 7:10 P.M.,I served the within Citation and Petition upon the within named Charles Se1voski~Jr.and Marie Se1voski at their residence,in Ontario,R.D.#2 Box 031 Eighty Four,Penna.by handing to them personally a true and attested copy of the "~within Citation and Petition and making :\known to them the contents thereof. So Answers t.-l .-me _-..,"•eM·1M .n •ncr d ...............................-... Deceased o:~::;z (l)tJ ~....Z c-+O::;....~::s ~ ~c-+::s ::;Ul .... ~Ul (l)...... t-"l CDc-+PJ ::;::s 0..o..PJ PJ"-<l ()0~......,5 ~~i:: ro~o..Ul(J'q c-+(l).. c-+......o CD::;0) PJ CD<:.. (l)t-l t-"l ::; (l)(l)()t-"l (l)(l)....0- <:"-<l(l)o..PJ PJ g ()(l) 0'""0 c-+ "-<l Ulo(l)......,t-"l<:c-+....::;() (l)('0 UlPJg. 'f''' ['1 r~"': .........,.-".~~~; '" :::;. t •..:c,,-J t.Q -', ::::.l:: ~ C":),...., en••Lij • ._....... C";;J ~.~~."O ",~-,~r ":,40~r-Q;I>~. .:r;:;-,'3 ••~,,-{-1 ::"c,"."{.: .--,.,..'....f \~::;t.:,-'(,..,-.......,; ,..."P1 ~ --J ;,'I ~,""~...,."....(.,' ATTORNEYS AT LAW f',, WASHINGTON,PENNA.15301 438 WASHINGTON TRUST BUILDING '!~ ~DT.ALLISON &TOWNSEND ANSWER TO PETITION OF SAMUEL BOTTON TO DETERMINE TITLE TO PERSONAL PROPERTY Of .Qg~E.QENT .. . ... .. . . .... ..... .. .. IN RE: ESTATE OF ROCCO BUTTON, a/k/a ROCCO BOTTON, I ~dJ.-~,-q7 L LJ- . . ... . . ... ... .. ... . . .. ~~ 1 I~",01...J"'''''~1\ ~~/' I.1)~vP1 1\<1 Ii IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA; ORPHANS'COURT DIVISION NO.907 of 1969 (63-69-907) ..l..!...-..-._......._I, ... II .' • • q. ~......."•tJ'~~•t • ••• IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: ESTATE OF ROCCO BUTTON, a/k/a ROCCO BOTTON, Deceased ) ) ) ) ) ) ) ) NO.907 of 1969 (63-69-907) TO THE CLERK OF THE ORPHANSI COURT DIVISION: Enter our appearance for MELLON NATIONAL BANK AND TRUST COMPANY,Respondent. SCHMIDT,ALLISON &TOWNSEND .torneys for Mellon National Bank and Trust Company,Respondent August /1 '1969 ANSWER TO PETITION OF SAMUEL BOTTON TO DETERMINE TITLE TO PERSONAL PROPERTY OF DECEDENT TO THE HONORABLE P.V.MARINO,PRESIDENT JUDGE: AND NOW comes MELLON NATIONAL BANK AND TRUST COMPANY (hereinafter called Mellon),Respondent,and by its attorneys,Schmidt,Allison &Townsend,makes answer to the above petition: 1.Admitted. 2.In answer to Paragraph 2 Mellon avers that at the time of the death of the decedent it had a savings account entitled "Rocco Botton in Trust For Marie M.Selvoski"No.61-325.Mellon further avers that on August 12,1969, • the said account was closed by Marie M.Selvoski.the beneficiary.and the balance thereof in the sum of $23.561.05 was paid to her.the named bene- ficiary.according to the terms of the account contract. 3.Admitted. 4.In answer to Paragraph 4 Mellon avers that on April 1.1969.the savings account in the joint names of Rocco Botton and Florence Lerum was closed out by Rocco Botton pursuant to the terms of the account contract. Mellon further avers that on April 1.1969.Rocco Botton.the decedent.in due form opened the savings account set forth in Paragraph 2 hereof. 5.Mellon admits that on the date of death of Rocco Botton there was a balance in the account recited at Paragraph 2 hereof of $23.561.05.As to the other averments of Paragraph 5 Mellon avers that it has no knowledge of the truth or falsity thereof and that the means of proof of such facts are under the exclusive control of the petitioner and therefore denies the remainder of said averments in said Paragraph 5 and if material.demands proof thereof on the trial. 6.Mellon avers that it has no knowledge of the truth or falsity of the facts averred in Paragraph 6 of the petition and that the means of proof of such facts are under the exclusive control of the petitioner and therefore denies the averments in said Paragraph 6 and if material.demands proof thereof on the trial.. 7.Mellon avers that it has no knowledge of the truth or falsity of the facts averred in Paragraph 7 of the petition and that the means of proof of such facts are under the exclusive control of the petitioner and therefore denies the averments in said Paragraph 7 and if material.demands proof thereof on the trial. - 2 - •,.' 8.Reference is mad~to Paragraph 2 of this Answer.Mellon avers that it has no knowledge of the truth or falsity of the facts averred in Paragraph 8 of the petition and that the means of proof of such facts are under the exclusive control of the petitioner and therefore denies the averments in said Paragraph 8 and if material,demands proof thereof on the trial. SCHMIDT,ALLISON &TOWNSEND ttorneys for Mellon National Bank and Trust Company,Respondent - 3 - • COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF WASHINGTON ) Before me,the undersigned authority,personally appeared J.M.MARSHALL,who,being duly sworn according to law,deposes and says that he is a Vice President of Mellon National Bank and Trust Company,and its duly authorized agent in this behalf;that the statements of fact set forth in the foregoing Answer are true and correct to the best of his knowledge and belief. Sworn to and subscribed before me this /tfb/day of August,1969. 7 Notary Public SARA M.VAN KIRK.Notary Public Wastl;ngtofl.\:!~shin"t('n c~unty.Pa. My CornmisJioil Expires n ....I-.....L.,M 1;:1.lQ700_'.My Commission Expires ----~~'l-.J."--~'-------- - 4 - ._-~~~----~--------,------------------,----------,------_._---_.---'------' j e ~ <:01:' 1 .~ e --.............--~- IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION NO.907 of 1969 fh'<_hQ_Qn7\ IN RE: ESTATE OF ROCCO BUTTON, a/k/a ROCCO BOTTON, Deceased. ~ ~ ~ \ ~ ~ ~ / (7')(.:J ANSWER TO PETITION TO ENJOIN USE OF FUND£~~ -'''"1-r-I rno CG) f\) """..J ~ ....J I"\)o ,•1..,..,.~J ='2 c;iJ'-c., .IY/I~:;S \ .~~i~~ '~~~~ ~~~.~~~~ cf'4 .J~~~N~·A~,~:L ,, .4 _Ie .....i .1-I ,....,~ .... ~!.......... \' \,..., / 631 WASHINGTON TRUST BUILDING WASHINGTON,PA.15301 /~~-~.jf • IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: ESTATE OF ROCCO BUTTON, a/k/a ROCCO BOTTON, Deceased. ) : )NO.907 of 1969 :(63-69-907) ).. ) ANSWER TO PETITION TO ENJOIN USE OF FUNDS TO THE HONORABLE P.V.MARINO,PRESIDENT JUDGE OF SAID COURT: AND NOW,comes MARIE M.SELVOSKI,respondent,by her attorney, JOHN F.BELL,ESQUIRE,and makes answer to the above petition as follows: -1- The allegations contained in Paragraph 1 are admitted. .'-2- The allegations contained in Paragraph 2 are admitted. -3- The allegations contained in Paragraph 3 are admitted. -4- In answer to Paragraph 4,respondent avers that on August 8,1969, Rocco Button,a/k/a Rocco Botton,died.As beneficiary under a trust establishe~ at the Mellon National Bank and Trust Company on April 1,1969,respondent ---------------------.--------.., • closed out said account on August 12,1969,and the sum of $23,561.05 was paid to her as beneficiary. -5- Respondent admits that a petition has been filed in your Honorable Court to determine title to the aforesaid money.On April 1,1969,the decedent established said savings account de- signated as "Rocco Botton in trust for Marie Se1voskill of h~s own free will in the ordinary course of conducting his business affairs and in complete possession of his mental faculties. WHEREFORE,respondent prays your.Honorable Court to dismiss- said petition praying for an Order to enjoin the depleting or using of the funds by respondent or her designees. ,1969. -•~...~ ~"~ COMMONWEALTH OF PENNSYLVANIA) :SS: COUNTY OF WASHINGTON ) Personally appeared before me,the undersigned authority,MARIE M. SELVOSKI,who,being duly sworn according ~o law,deposes and says that the facts set forth in the foregoing Answer to Petition to Enjoin Use of Funds are true and correct to the best of her knowledge,information and belief. ~- Marie M.Selvoski Sworn to and sUbscri~ before me this 1:26 day of &Wi,wf -{/ W¥a~ •',l~ ,IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY.PENNA ORPHANS'COURT DIVISION " PROCEEDINGS ON CITATION RETURN THOMAS D.GLADDEN.ESQ.,.of Washington.Pa.• repres enting the Petitioner. THE HONORAB LE P.VINCENT MARINO.Pres idept Judge of the said Court. ;! IN RE:. ~ESTATE,OFz0(>,gROCCO BUTTON. zzIII~ROCCO BOTTON.zoI-~Deceased. xIII0(:t ~U ll:I-1/1 C ..J BEFORE:0( u C :J... :tI-"('4 APPEARANCES: a/k/a ) ) ) ) ), ) ) ) ) No.1251 of 19,68 JOHN F.BELL.ESQ:.of Washington,Penna .• ..repres enting the Respondent.Marie M.Selvoski. ,._;Tuesday>?eptember 2,1969~at 10:00 o'clock A.M. - 2 THE COURT: morning... MIL-GLADDEN: Mr.Gladden,you have a Citation returnable this ~., .. , This is the'date set by Your Honor for a return on set a time for.a hearing. I call to the Court's attention that there is a Petitio;J. appealing the probate of the will and the return day on that Citation, a Citation based on a Petition to ~njoin Use of Funds in the estate of Rocco Button at Number 90,7 of 1969.Sometime prior to this date i on August 27,'1969,.Att,o~ney John Bell'of our Bar filed an Ansv,.e r<~~to the Petition and as I understand it,we are here this morning toz\&III. ioI-ClZ X III<~ ui0: \&II-0:oII. \&III: I-0::JoU .J<uii: ILo I believe,was set for Monday,September 22.It would seem to me, and I believe Mr.Bell might agree,that the evidence that will be produced at that ~hearing will be similar to the evidence produced at the hearing on the Citation Return this morning.Our allegations are undue influence and to some extent,lack of testamentary capacit , which evidence will be pertinent to both of these petitions.And possibly with Mr.Bell's agreement and the Court's 'finding a suitablE ,date,we could come up with one this morning that would preclude us being here on the 22nd to set a date: THE.COURT: MR';'.BELL:·, Mr.Bell? Your Honor,I talked this over with Mr.Gladden "and I am agtleeable to picking a date,either in the latter part of Septeinbero~th'emidd~e o~October.Mr.Gladden says he's unable 3 .....".;r",........ to do it in the l8;tter part of September'.'You don't have your evidence gathered. MR.GLADDEN:'If the Court 'Pl~ase,I was of the opinion that it migr,L 'be advanta.geous if we held this hearing sometime between the impend ng Jury Term and the last Jury Term of 1969,in the event the Court wo ld will be involved in criminal cases. up in the trial of cases in the next Jury Term and I know Mr.Bell could use the last panel for thIs ,year.We are going to be pretty tied find that there is an issue which should require a Jury's verdict,we That's in the last two weeks of October,that is corl ecLBELL: :5z<~.>-I/) ZZI&lII. io...elZ ::cI/) <~MR . two weeks of October,one of those days . And this is why I say it's possible maybe we could get it in in.the firs ..=oitIiia... :5oa :J MR.GLADDEN:... %..~THE COURT: Thoseare civil trials during that time. Well,the suggestion that Mr.Gladden is making iii0:11/.... 0:oII.I&l,.n::r...lI: :JoU....< u ii:II.o is that we should have our hearing sometime during the term in whic jurorS'are here so that if a Jury question is ,involved,we would be able to select a Jury from the regular panel.Now wp.at date would tha accommodate'b'oth of you? .. MR.BELL:They will.be he re in Oetob·er. MR.GLADDEN:And they will be here.again in November. T HE COURT:If you willgive me an idea,when that would be proper,we will try to fix a date. MR.GLADDEN:If the Court please~,I believe Mr.Bell and I could agree some.t~me·in.the>veek of Oc,tober 27 if,itts su~tabl.e "Yith the :. ,..(... "';.,I' ·4 Court."'.( ..,I ,. P.J . ". t'"~.,'ijI '...~:~ " ,',.,~, .' " "'~'.( : ;4.•'; " ...:1.,,' 'J.. ..•t· , ,(Proc~e·ding$.·Clo;sed). ,.' '..;"'..: .' .Wewou!(}prefer T~es.0ay,qCt6b..er28,'at 10:00....'"'~.''" .~ .~.... -, . 1 :/ " Iherebyce~tiiy thattha p:roc~edings'arid'eVl~e~c~"'ai:e;~on~in~d •'.I"-,-',• -..""".'f"..~.....'..,-,...-,", ,;e~orded 'by the ~te):lOgrapher).'..-, :~ ,(At the dir~~tion 6f the Court,.6ff~the":record discussioil\vas'~not .o'ci~ck A.M.: " aboye C'ause ishe;el:>y '~pproved'~!ld;direct~d \o'be·.fi.le~,.'" ._;..Ij-'/'~','1-'...,(,...--il':',,:"~'.~.:~. fUlly;'atid ac~urah~ly in'hle m.,tes.taken:byme ot,i tJi~Jhe~ring'9f the abQxe ."'~......_.',":"•,,-_'_:...t _"_';:"':",,:;.; ~•- ••........~_'•.'It. cause,and'~that ltlh\'CQPY is~a c~rfec.t t~~~ript,Of:~t~~e'same . ,'THE COURT: .~, ; ..... ,. .~,:' ,j ...-,., '---""" •II IN THE COURT OF COMMON PLEAS OF ..WASHINGTON COUNT~,PENNSYLVANIA.II ORPHANS'COURT DIVISION "- No.907 of 1969 (63-69-907) £\ IN RE:II l-I e II ESTATE OF ROCCO BUTTON,a/k/a ROCCO BOTTON,~ I Deceased r · II I J IiI I , ~~ I" ') I ..k.'I ,•I •ANSWER TO PETITION FOR CITATION I SUR APPEAL FROM REGISTER IN r PROBATING WILL : Id ~.....~~(O c.,') t.;.J f::0 C'J ~;:ry II "- GJe::-u t ~_c" ~ (/'V)ap ......--\~ t·';;r--~I Ir·_·.-oriS;~n-j ~ I ~;o =.:.:~tI r:c.:0.0 t.C1 I (J)nI ..~ \e \,n '""", e 0 f\iI .JOHN F.BELL,~ "J.I +"r { ATTORNEY AT LAW ~~II f~ .0'WA"N'N",ON '"UG;OU"O'N'( II WASHINGTON,PA.15301 ~ I /?,?,~Jj.<32 .t-j--~l. y'., .,• IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS I COURT DIVISION ESTATE OF ROCCO BUTTON,a/k/a ROCCO BOTTON, IN RE:) ) ) ) ) ) ) Deceased.) NO.907 OF 1969 (63-69-907) ANSWER TO PETITION FOR CITATION SUR APPEAL FROM REGISTER IN PROBATING WILL TO THE HONORABLE P.V.MARINO,PRESIDENT JUDGE OF THE SAID COURT: , AND -NOW,comes CHARLES SELVOSKL JR.and MARIE M._SELVOSKj..his wife,respondents"aI)d by their attorney, . JOHN F.BELL,ESQUIRE,makes an~1?wer to the above petition. -~t 1 - The allegations of paragraph 1 are admitted. - 2 - Respondents admit that petitioner is a surviving son of decedent,but denies that he is entitled to any intestate share in the estate of the decedent for the decedent died testate,leaving a Will dated March 31,1969,which was admitted to pro~ate in Washington County as the Last Will and Testament of the decedent on August 11,1969,and letter testamentary were granted to respondents as executors under said writing. '. e,••.~...'. ", concerning his property or his welfare. did handle his own business affairs. The decedent was capable and WHEREFORE,your respondents respectfully request that the said Petition be dismissed. Jr. ·~•I-.-,--".. -3 - The allegations of paragraph 3 are admitted. - 4 -, The allegations set forth in paragraph 4 are admitted. -5 - The allegations contained in paragraph 5 are denied.The decedent at the time of the execution of his Will on March 31,1969, suffered from no physical or mental condition which rendered him incapable of disposing of his estate by Will.The decedent's mind and memory were sufficiently sound as to enable him to know and to under- stand the business in which he was engaged in at the time that he executed hiE!Will.Resrondents admit that they are the Executors of decedent's ,'. .Will and that they are the parents of the three residuary legatees. Respondents deny that they exercised any influence or duress upon decedent in the execution of his Will.The decedent retained upon his own free will,Jess D.Costa,Esq.,to draw said Will in accordance with the instructions of decedent. - 6 - Respondents admit that decedent resided in their home from February,1969.Respondents deny that they kept him captive in their home and denied him the right of private visitations with his family and friends.The decedent's children and friends visited him numerous times at the home of respondents.It is denied that decedent suffered from any condition which rendered him unable to make decisions ,..,•..e ~.,e \,.",I '"~ '1 ,\.' COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON ) )SS: ) Personally appeared before me,the undersigned authority,CHARLES SELVOSKI,JR.~nd MARIE M.SELVOSKI,his wife,who,being duly sworn according to law,depose and say that the fa cts and allegations contained in the foregoing Answer to Petition for Citation Sur Appeal From Register in Probating Will are true and correct .upon their kn~wledge,information and belief. harles Selvoski,Jr./ . '~d~~V ~,.b/.~- Marie M.Selyoski Sworn to and subscribedd_before me this j/day6f~,-..~/~ 1969. Notary hc My Commission Expires: ., e ~'f e IN THE CqURT OF COMMON P!.WEAS OF WASHINGTON COUNTY,PErtlN"A. ORPHANS'COURT DIVISION NO.907 OF 1969 (63-69-907) IN RE: ESTATE OF ROCCO BUTTON,a/k/a ROCCO BOTTON, Deceased. r~\ ....;".t~ ~(\ .J c ...... ANSWER TO PETITION FOR CITA TION SUR APPEAL FROM REGISTER IN PROBATING WILL ;~ •.~ 1~.)tlI~\. \~~!~1.'-~~ :::0p,:::o oC':-[J) V)U)~!"~~f- c:)~;~rztoen .....(Q (0')L.j (/)In''0.... r\-~..... :>-~ ~ 11 r--I 1-:;""'0;I ,! CJ ~')k~,J \"'\\l'r\I ,'\~1~~I ~~.)'f' <~~'Y~\.~'~f\.".) ~ !' f,,'".. e !.. e ... VIo JOHN F.BELL ATTORNEY AT LAW 631 WASHINGTON TRUST BUILDING WASHINGTON,PA.15301 /;m -tf.32 ~ /, .--:-'.•..,.A, IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION t' IN RE: ESTATE OF ROCCO BUTTON, a/k/a ROCCO BOTTON, ) : )NO.907 of 1969 :(63-69-907).) .. Deceased.) ANSWER TO PETITION OF SAMUEL BOTTON TO DETERMINE TITLE TO PERSONAL PROPERTY OF DECEDENT AND NOW,comes MARIE M.SELVOSKI,respondent,by her attorney, JOHN F.BELL,ESQUIRE,and makes answer to the above petition. -1- The allegations contained in Paragraph 1 are admitted. -2- ,In answer to Paragraph 2,respondent avers that at the time of the death of the deced~nt,he had a savings account in the Mallon National Bank and Trust Company entitled "Rocco Botton in Trust for Marie M Selvoski", No.61-325.Respondent further avers that August 12,1969,the said account was closed by respondent and also the beneficiary;the balance thereof in the sum of Twenty-Three Thousand Five Hundred Sixty-One and 05/100 ($23,561.05) Dollars was paid to her,being the named beneficiary according to the terms in the account contract. -3- The allegations ,contained in Paragraph 3 are admitted • ••~ I •~ - 4 - In answer to paragraph 4 respondent a\'ers that on April 1,1969, the savings account in the joint names of Rocco Botton and Florence Lerum was closed out by Rocco.Botton pursuant to the terms of the account contract. Respondent further avers that on April 1,1969,Rocco Botton,the decedent, in due·form opened a savings account entitled "Rocco Botton in Trust for Marie M.Sehroski",No.61-325. - 5 - The allegations contained in paragraph 5 are admitted. - 6 - Respondent denies the allegations as set forth in paragraph 6. Respondent av~rs that she did not exert any influence over the mind or body of the decedent and that the decedent was of the mental capacity to handle his business affairs,nor did the decedent suffer a physical or mental condition that rendered him unable to 'comprehend the meaning and nature of his acts. - 7 - In answer to paragraph 7,respondent admits the decedent has two daughters and one son.Respondent denies that the three children of the decedent maintained a close family relationship with him. , - 8 - Respondent denies the allegations contained in paragraph 8. WHEREFORE,your respondent respectfully requests that the said Petition be dismissed. .. COMMONWEALTH OF PENNSYLVANIA- COUNTY OF WASHINGTON 00::;"•• '" ) ), ') SS: Personally appeared before ~e,the undersigned authority, MARIE M.SELVOSKI,who,being duly sworn according to law,deposes and says that the facts and allegations contained in the foregoing Answer to Petition of Samuel Botton to Determine Title to Personal Property of Decedent are true and correct,to the best of her knowledge,information and belief. Marie M.Selvoski Sworn to and sUbscrib~ bef.:or~e77:==day Of~,1969. ka,c¥2cNotaryPUb~ My Commission Expires: \•"..I I~.r;.~_,~.-'(f{ "~ton.'Na$--;,inp-tcn ,.j I •0 ,ji~.1 ., .,...~•.- ill THE COURT OF COMMON PLEAS OF WASHillGTON COUNTY,PENNA. ORPHANS'COURT DWISION In Re: Estate of ROCCO BUTTON,a/k/a ROCCO BOTTON, Deceased. Marino,J.July 17 ,1970. ( ) ( ) ( ) ( ) ( ADJUDICATION No.907 of 1969 Before the court is a petition to determine title to personal proper ~y of a decedent.Rocco Button,also known as Rocco Botton,died August 8,j 1969,a resident of Washington County,Pennsylvania.At the time of his deat he was the owner of a savings account,No.61-325 in the Mellon National BanJ and Trust Company (Washington Office)titled tfRocco Botton in Trust for Maril M.Selvoski".There is no dispute concerning the fact that all the moneys in said account were the moneys of the decedent,and that on the date of his death the-sum of $23,561.05 represented the balance in said account.Likewise undisputed is the fact that on April 1,1969 and prior thereto the decedent maintained a joint savings account in said bank in his name and that of his daughter Florence Lerum. On April 1,1969 the decedent,accompanied by said Marie M.. Selvoski,went to the bankfor the specific purpose of changing the account which he maintained with his daughter.The said account was closed out by Rocco Botton,and the entire balance therein was transferred to a new account., This new account was titled BRocco Botton in Trust for MarieM.Selvoski". • It is the contention of petitioner,Samuel Botton,son of decedent, that his father,who had been ill for some years,was in poor physical and mental condition at the tirreof ope ning the new account;that he was unable to comprehend the meaning of his act in so doing;and that Marie Selvoski exerted undue influence upon him,resulting in imprisonment of his mind and body to the extent that his acts were not the result of his own free will.In other words;, petitioner challenges the validity of this transaction,which amounts to an inteJ •~.j .~• vivos -gift,even though it be in the form of a tentative trust.One who attacks the validity of an inter vivos gift claiming that it was the result of undue influence must carry the burden of proof in that regard,unless,however,he can .demonstrate that a confidential relationship existed between the donor and the donee;if he is successful in proving such relationship,then the burden of shOWing the nonexistence of undue influence falls upon the donee:Fuller v. Fuller,372 Pa.233 (1953). In Weber v.Kline,293 Pa.85,87 (1928),Chief Justice Kephart stated: "Generally speaking,the burden of shOWing both incapacity and an undue influence rests on those asserting the facts.But this rule does not apply where the relation of the parties to each other,or some vicious element in connection with the transaction, is such that the law compels recipient of the bequest or gift to show that it was the free,voluntary and intelligent act of the person giving it.Though there may be capacity to give,the law,never- theless ,casts this burden on the recipient.The factors which bring this rule into action are fraud,confidential relation,weakness of mind not otherwise incapable,and gross deception.When these appear in the course of an investigation as to the validity of gifts, the burden of proof will immediately shift."(Citing cases). Such relationship was defined by Justice Stern in Hamburg v. Barsky,355 Pa.462 (1947)as follows: "Confidential relation is not confined to any specific association of the parties;it is one wherein a party is bound to act for the benefit of another,and can take no advantage to himself. It appears when the circumstances make it certain the parties do -2- r-. not deal on equal terms,but,on the one side there is an over- mastering influence,or,on the other,weakness,dependence or trust,justifiably reposed;in both an unfair advantage is possible. A confidential relationship is not limited to any particular association of parties but exists wherever one occupies toward another such a position of advisor or counsellor as reasonably to inspire confidence that he will act in good faith for the other's interest:Drob v.Jaffe, 351 Pa.297,300,41 A.2d 407, 408.II The paramount issue here is the existence or nonexistence of a confidential relationship between Rocco Botton and Marie Selvoski.The decedent was a widower,his wife having died many years before;his three children were married and living elsewhere.He was a retired coal miner but lived on his farm and had some cattle until he sold them in 1968.The condition of his health had deteriorated;he suffered from an arteriosclerotic heart disease,a chronic brain syndrome and miner's asthma,pulmonary emphysema,pneumoconiosis and congestive heart failure.He had been hospitalized in 1967,twice in 1968 and twice in 1969,prior to his last hospitalization in 1969 when he died on being admitted to the Washington Hospital,August 8,1969,just a week prior to his 69th birthday. After Mr.Bottonrs second hospitalization in 1968,which terminatEd on December 5,1968,he went to live with his son Samuel Botton,for a few weeks,and when Samuel's wife became ill with the llflull ,Mr.Botton went to c I friend's home in Donora for some days.His son Samuel had made arrangemer ts for his father to enter the Washington Manor convalescent home,but the decedent refused to go,thinking that he was about to be placed in a County llpoor homell . On February 1,1969,he went to live at the home of Marie Selvoskt and her husband.Marie's parents,Mr.&Mrs.Collins,were living on the Rocco Botton farm.They occupied the entire farm home,with the exception 0 a small apartment of two rooms and bath,which had always been the home of Rocco Botton.Marie Selvoski had lived there with her parents,Mr.&Mrs. Collins,prior to her marriage. -3- • At the Selvoski home,Mr.Botton had his own room and Mrs. Selvoski prepared all his meals and looked after him generally.She told Mrs.Florence Lerum (one of Botton's daughters)that she was not receiving any payment from Mr.Botton for his keep and care.This aroused the suspicion of Mrs.Lerum;she called the bank and found that hername had bee 1 removed from the Botton bank account which Mr.Botton had amended in August of 1968.Mrs.Lerum and her husband went to the Selvoski home with the intention of removing her father.She found that Marie Selvoski and her husband were keeping Mr.Botton away from all contact with other persons, practically incommunicado.A fight ensued and Mrs.Lerum was struck in the face and ordered to leave the house. Mrs.Belvoski denied that she restrained Mr.Botton from leaving. She and her husband both spoke to him in his daughter's presence,telling him he was free to leave with his daughter if he so desired..Mr.Botton said nothing but made no move to leave.He stayed with Mrs.Selvoski until he die , with the exception of his hospitalizations February 15 to March 3;April 15 to April 20;and July 15 to July 22.Mrs.Selvoski arranged his admission on each occasion;he had hospitalization benefits and Medicare coverage. Now we approach the transaction of April 1,1969 in relevant context.It will be recalled that on said date Rocco Botton went to the Mellon Bank in Washington,accompanied oy Marie Selvoski;he changed his account with his daughter,Florence Lerum,as joint tenant to one titled "Rocco Botton in Trust for Marie M.Selvoski",deleting his daughter's name altogether. On March 28,1969,in the afternoon,these two had gone to the 'office of AttorneyStuart E.Murphy in Washington for the purpose of changing the will of Mr.Botton and also his bank accoun.t.Mr.Murphy stated they -4- • would have to come back another day as he could not render the service on'e that day.Mr.Botton and Mrs.Selvoski left his office;the will was not changed.This occurred on March 28th which was a Friday. On the next working day,Monday,March 31,Rocco Botton and Marie Selvoski went to the office of Attorney Jesse D.Costa,in Bentleyville, in the evening.The preparation of a new will was requested.Attorney Costa had one drawn and executed the same evening;Mrs.Selvoski signed the will as a subscribing witness;the will bequeathed the decedent's entire estate to the three minor children of Marie Selvoski and named her and her husband as . I executors.The prior will,drawn in 1967 by Attorney Murphy,had bequeathe<ll the enti,re estate to Rocco's three children,naming his son Samuel as executo'. The next day,April 1,1969,was that which saw the transfer of the bank account (the entire personalty of the decedent)to Marie M.Selvoski in a tentative trust.We shall make reference to that transaction further. The same day,decedent and Mrs.Selvoski went to the Thompson Funeral Home in Bentleyville to contract for decedent's funeral;Mrs.Selvoski had called to make this appointment.A full funeral service was contracted foJ by Mr.Botton at a cost of about $2,000.Mrs.Selvoski witnessed the contr~ctl These events preceded the bank account incident,with the Possiblel exception of the funeral contract episode,which could have occurred at a later hour on the same day.The hearing judge unhesitatingly concludes that there existed a confidential relationship between Rocco Botton and Marie M.Selvoskl. He was untutored,could not read or write (except to sign his name),spoke broken Englishwith difficulty,was aged,infirm,and in very poor physical condition,had no one to turn to for advice or assistance while living at the home of Marie Selvoski after February 1,1969. -5- •e However,the fact of a confidential relationship does not per se convictMrs.Selvoski of an abuse of that situation.True,the burden of proof rests upon her to show affirmatively (when she has obtained a gift or other form of benefit from her confidant)that it is unaffected by any taint of undue influence,imposition or deception.The burden rests upon the recipient to prove that the transaction is in every respect beyond the reach of suspicion: Darlington's Appeal,86 Pa,512 (1878);McCown v.Fraser,327 Pa,561 (19,7). Mrs.Selvoski testified at length and was subjected to a minute ani gruelling cross -examination.Her testimony was to the effect that no deception was used,that all was fair,open and voluntary;that she had not availed herself either of the necessities of decedent or of his liberality or credulity. If this be the case,the respondent has discharged her duty of showing that she has not taken advantage of her confidential relationship with the decedent,and., that his actions were completely vo luntary. But this is not enough,when the validity of a gift inter vivos is questioned,as it is in the transfer of the cited bank account.In such case, the individual claiming a valid gift must bear the full burden of proof as to donative intent,whether the gift inter vivos results in a joint account or in a tentative trust or one which is irrevocable.And this is the rule,whether there be a confidential relationship or not. The general rule is that a trust does not arise unless the intent of the alleged settlor to create one clearly appears:Ingels Estate,372 Pa.171,. 177 (1952).The burden of proving title is on the claimants,and the trust must'- be created by clear and unambiguous language or conduct:Wallacefs Estate, 316,Pa.148,151 (1934);Brubaker v.Lauver,322 Pa.461 (1936). 'Whether a depositor creates a joint bank account or an account naming hims'elf as trustee for another (as is the case at bar)it constitutes an -6- ". .' inter vivos gift and is subject to all the pertinent rules for establishment thereof.In Ingels Estate,supra,where the matter at issue was the creation of a tentative trustor,as appellant argued,an irrevocable trust,Mr.Justice Bell,dissenting,stated,at page 183: [rAuthorities agree that two essential elements are requisite to constitute a valid gift inter vivos:(1)An intention to make the gift,and (2)an actual or constructive delivery which divests the donor of his dominion over the subject.Moreover,the burden of proof is upon a person claiming an inter vivos gift and the proof thereof must be clear and convincing:Sullivan v.Hess,241 Pa. 407,88 A.544;Reese v.Trust Company,218 Pa.150,67 A. 124;Smith's Estate,237 Pa.115,85 A.76.All authorities are in accord that whether the deposit of cash in a savings ban}\:in the name of the depositor in trust for another is a tentative or revocable trust or an irrevocable trust or no trust at all,depends upon the intention of the parties;hence evidence is admissible in all such cases to show what the actual intention of the depositor or donor was,and this intention can be shown by the statements, declarations,admissions,ccts and conduct of the parties.tl (Emphasis ours). If an absolute or irrevocable trust is created,the settlor cannot thereafter change his mind and revoke or rescind it.Potter v.'Fidelity, Etc.Co.,199 Pa.360 (1901);Miller Trust,351 Pa.144 (1945). Where only a revocable gift is intended by the settlor,he may complete the gift and make it absolute in his lifetime by some unequivocal act or declaration such as giving notice thereof to the beneficiary.All the cases are in accord on this point:Scanlon's Estate,313 Pa.,424,427,(1934); .. McGary Estate,355 Pa.232,239 (1946). ~ut we are not concerned with the problem of revocation in a ~entative trust;we are concerned with the entire validi~y of the trust and of the.account itseli,setting up the trust.For if there is initially an invalid gift,it follows that there is no trust,tentative or otherwise. It is an elementary principle of law that a definite and unmistakable intention on the part of a donor to make a gift of his property is an essential -7 - •"I requisite of a gift inter vivos:Flanagan v.Nash,185 Pa.41 (1898);Turner's Est.,244 Pa.568 (1914);Chapple's Est.,332 Pa.168 (1938).This fundamental principle has been reaffirmed times without number. The burden of proof is essentially on the claimant,and the ValiditYi Iofagiftintervivoscanbeestablishedonlybyevidencewhichisclear,direct, precise and convincing:Secary Estate,407 Pa.162 (1962);Bunn Estate, 413 Pa.467 (1964).While it is true that a writing and signature card signed by both parties is sufficient to ~reate a joint savings account or a tentative trust,as the case may be,it still requires an agreement that sets forth the exact status and the rights of the parties unambiguously.If this is done, parol evidence will not be heard to vary its terms:Amour Estate,397 Pa. 262 (1959);Cox Estate,405 Pa.444,448 (1962). In many instances the signature card and agreement are considereti to be indefinite or equivocal,or incomplete,and in such cases parol evidence is admissible to prove donative intent and other relevant matters.In the case at bar,~id Mr.Botton have donative intent when he signed the new signature card?The matter of changing the account from a joint account to one titled llRocco Botton in Trust for Marie M.Selvoski!!was attended to by a bank clerk named Louise A.Hiscott.She had worked in the bank for nine years. Mrs.Hiscott had not known Mr.Botton before this time.She testified that Mr.Botton was accompanied by Marie Selvoski and till t he desired to change the form of his savings account in the bank.He had an individual account with the bank since 1952 and had made one change in 1968, when he rendered the account a joint one with his daughter,Florence Lerum. No~hedesir~d to change the account again;he gave no reason for desiring the change and she asked none.Mrs.Hiscott stated:[II have a sEt procedure which includes a full explanation of the control of the money and the various -8- '--.,11 -- forms and spell it out exactly to the individual,what this means to him in terms of who controls the money and when and so forth.••.rt (T.-30-31). Counsel for the claimant-respondent interrogated her further (p.31): llQ Diq.you explain this to Rocco Botton? A Yes,I did. Q Did he appear to you that he understood it? A Yes,he did. Q Did he indicate to you how he wanted his account changed? A Yes,he did. Q What did he say? A He wanted the money to be left to Marie Selvoski.II Mrs.Hiscott did not know whether Rocco Botton could read;in fact,he could neither read nor write,except to write his name in a crude and inelegant script.But she was certain that she gave a full explanation rt ••.of the various forms.c.•I'of accounts and the printed forms of agreements in connection therewith.However,if the depositor knew how to read,there wou~d be no necessity for explanation,and no amount of explaining could change the form of the printed agreement.She stated that he wanted the money rtto be left to Marie Selvoskifl •Many forms of accounts could accomplish this.Why was a tentative trust chosen for this individual? "It is'extrem"ely doubtful that this aged miner,untutored in any language,could grasp the significance and full import of the various forms of joint accounts with beneficiary provisions in such a short time.We cite this not because of the inadequacy of the explanation but rather because of the inability of the individual to comprehend the legal consequences of the various forms of accounts. -9- ,---,lie .. As to the form of account known as a tentative trust,would this aged miner know the difference between a r evocabIe and an irrevocabIe trust? Would he know that it could easily become an irrevocable trust although initially a revocable one?Would he know that even a revocable trust might bE changed during his lifetime;or that he could make withdrawals without notifying the beneficiary so long as the trust remained revocable?A host of questions come to mind in a situation such as this,and we cannot assume that they have been adequately answered because this bank clerk states she gave a "full explanation"of the control of the money,and the effect of the contract on the depositor.The clerk did not know whether Rocco Botton could read.The obvious procedure would have been to hand him a card.If he could read,he would proceed to do so;if not,he would pose his questions~ It is admitted that the agreement was not read to him. As heretofore stated,the burden of proof in a matter concerning determination of title is on the claimant.She must show by evidence which is clear,precise and convincing the validity of the gift inter vivos by proving the intent of the donor to make such a gift,and that he understood exactly what he was doing.An agreement was entered into between Rocco Botton and the bank;a signature card was executed by him and Marie M.Selvoski,the purported beneficiary of the trust.~We do not have in evidence the original contract or agreement or any copy thereof. Counsel for claimant undoubtedly had his reasons for not submitting in evidence the various signature cards and contracts of the parties.At the outset,the parties entered into a stipulation,approved by the court,as follows:(p.4) COUNSEL FOR PETITIONER:We would also stipulate that the bank account that was previously referred to in my remarks was in effect at the time of the -10- ,; death of the decedent on August 8,1969,and was titled in the name of Rocco Botton in trust for Marie Selvoski;that it was deposited in Mellon Bank, Washington Office,and that the amount paid out of that account at the time it was closed to the beneficiary of that trust account was $23 ,561.05. COUNSEL FOR CLAIMANT:That is correct. After counsel for petitioner had c~mpleted cross -examination of the bank clerk that supervised the transaction of April 1,1969,and had . testified,about contracts of 1952,"1968 and 1969,he inquired of counsel for the claimant (p.41):lIAre you going to make these [the signature card~part of the record?!f, .,To which counsel replied:lINo.f!And they have never been made part of the record. --I'We have no way of knowing what the cards inight have disclosed, or the reason for claimant's withholding them from the record.But we cannol construe a writing or agreement whose terms are unknown to us.Consequently we have before us the bare statement of the witnesses that there was a Signature card executed by Rocco Botton and Marie M.Selvoski.If this was a tentative trust,what was the necessity of her Signature on the card?Was she permitted the privilege of withdrawing funds during his lifetime?We cannot be sure,as we do not have the agreement in evidence. The claimant-respondent has not sustained her burden of proof to show donative intent of this donor.This lacking,we must grant the prayer of ,the petition,and find that the purported transfer of the subj ecL savings account to the respondent lacked donative intent,is invalid and of no effect;and it is directed that the full amount of said fund be returned to the Mellon Bank. The Mellon Bank was originally made a party to this action,but upon filing its answer to the effect that the entire fund of $23,561.05 was paid -11- ~. ,,'.."•-"••l. to Marie M.Selvoski on August 12,1969 ll •••according to the terms of the account contract...fl the bank no longer participated in the matter at hand. This court now orders that the full amount be returned to said bank by Marie M.Selvoski,she having no interest in same.The bank shall deposit said moneys in the account as held immediately prior to April 1,1969,to-wit, in the name of decedent and his daughter)Florence Lerum;the old account shall be reactivated,but it shall remain frozen by the bank,which shall permit no withdrawals,until further order of the court. -12- r f' 0 Q.> ~() () Q.>CD ()'R'.0"0,(f),<.CD I-jc+<:::r 1-'•. CD ():J>".I-j CD 2':CD t::1o·0 H)~2':.c+~".:::r ~ CD c+ 0 ,.., II\!THE COURT OF COMM04 PLEAS OF WASHINGTO~COUJTY,PE~NSYLVAl'JIA ORPHANS'COURT DIVISIQ~ IN RE: Estate of ROCCO BUTTQ~,a/k/a ROCCO BOTTON, Deceased. ) ) )1~0.907 of 1969 )(63-69-907) ) ) ) ) ) EXCEPTIO~S TO ADJUDICATIQ~ A~D r~OW,this 27th day of July,1970,comes MARIE M.SELVOSKI, by her attorney JOH~F.BELL,ESQ.,and files these exceptions to the adjudication of the Orphans'Court of Washington County,Pennsylvania,dated July 17,1970,in which the Court determined that Marie Selvoski has no interest or title in certain money of decedents deposited in a savings account in Mellon National Bank and Trust Company,and designated in decedents name "Rocco Botton in trust for Marie Selvoski,"and does specifically except to the Courtts determination of title to said savings account. The reason on which this exception is based is: -1""" The Honorable Court erroneously stated and applied the pertine8t law of Pennsylvania to the facts of the case,in that the Court decided the issue ·of title to the said banK account on the basis that it was an inter vivos gift which requires donative intent on the part of the donor along with actual or constructive delivery of the subject of the intended gift. -2- The pleadings and stipulations of counsel show and indicate that e• "..'{)' n, there is nb dispute that decedent was the owner of all moneys in the savings account and that there was an account in existence or created by decedent and titIed "Rocco Botton in Trust for Marie M.Selvoski .•" -3-.' Under these facts the very title of the bank account was an explicit declaration of a Trust.In the case of Matter of Totten,179 N.Y.48, 71 N.E.,748,the doctrine of the tentative or "Totten"trust was established .'. and subsequently adopted ~~the law of Pennsylvania by virtue of Scanlon's Estate,313 Pa.424 (1934). -4- The doctrine provides that the mere deposit of one's own money in his own name in Trust for another creates a trust,tentative in nature and revocable at will by the depositor unless subsequently made irrevocable either by conduct of the depositor or by his death.Rogers Estate,374 Pa.246, Schunk Estate,419 Pa.466 (1965);Pavlinko Estate,399 Pa.536. -5- If the depositor dies before the beneficiary without revocation or some decisive act,declaration or disaffirmance,the trust becomes irrevocable. -6- The only issues posed by petitioner in his "petition to determine title to personal property of decedent,!!(paragraphl~)was whether the beneficiary Marie Selvoski exerted undue influence on the decedent to establish the trust account and whether decedent possessed the mental competency to comprehend the meaning of his act. -7- The petitionersdo not question donative intent or challenge the account in any other manner or form. -2- -. ee .(l'.. 11, -8- The Court erred in directing moneys to be returned to the previous joint savings account in the names of decedent and Florence Lerum. Exceptant Counsel for the exceptant does hereby certify that the foregoing exception is not intended for delay. -3- Exceptant ".. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY 1 PENNA. ORPHANS'COURT DNISION In Re: Estate of ROCCO BUTTON, Deceased. ( ) ( ) ( ) ( OPINION No.907 of 1969 Marino,J.December 31,1970. Exceptions to the court's Adjudication of July 17,1970,have been filed and argument had thereon.They were filed on behalf of Marie M. Selvoski. Exceptant argues that the very title of the bank account constitute an explicit declaration of trust,citing In re Totten,179 N.Y.112,71 N.E. 748 (1904);'and Scanlon's Estate,313 Pa.424 (1933)wherein the Totten case was first approved in our state.The mere deposit of one's money in his own name in trust for another creates a trust,tentative in nature at the time of deposit,but capable of becoming an irrevocable trust. In Schuck Estate,419 Pa.466 (1965)the decedent-donor had established a tentative trust in a savings account naming herself !lin trust for!l her nearest blood relative.Chief Justice Bell said (page 470):II •••Such a savings account is revocable at Will;and since the actual intention of the settlor or creator of the trust is uncertain,parol evidence is admissible to prove her intent.II (emphasis ours) In Pavlinko Estate,399 Pa.536,539 (1960)the Court likewise restated and approved the doctrine of tentative trusts as set forth in the Restatement,Trusts,section 58.It quoted from comment (a):!fIE a person (•~. makes a savings deposit in a bank in his own name 'as trustee'for another person,his intention may be either (1)to create a revocable trust,or (2)to create an irrevocable trust,or (3)not to create a trust.Evidence may be admitted to show which was his intention.In the absence of evidence of a different intention of the depositor,the mere fact that a deposit is made in a savings oank in the name of the depositor 'as trustee l for another person is sufficient to show an intention to create a revocable trust.If Exceptant relies fully on these cases as ruling our situation.We do not feel they are apposite.It will be observed that both cases state that parol evidence is admissible to prove the actual intent of the donor,which intent may be not to create a trust at all;and if to create a trust,the type of trust thus evolved.Donative intent is necessary to establish any type trust;if there is no intention to donate,or give,then there is nothing to receive.It is as simple as that. We have no quarrel with the mandate of the cited cases,but they must be read and applied to the facts and circumstances of our case..The application of the doctrine of a tentative trust is properly satisfied by the mere deposit of the money unless there is evidence of a different intention of the depositor.Whose burden is it to show a different intention,if there be one?r ere a party seeks to show a different intention of the donor other than that ralidlY indicated by the title of the deposit account,he has assumed an Wfirmative defense;such a defense here,as elsewhere in the law,must be braved by him who asserts it:Kees v.Green,365 Pa.368 (1953).But there ls a"well-defined exception to this rule.Where there exists a confidential relationShiP between the donor and the donee,then in such case the donee pecomes bound to show affirmatively that the subject transaction was unaffected by undue influence,imposition or deception and that the donor understood the =>ffect of his actions.Lochinger v.Hanlon,348 Pa.29 (1943). -2- •• In McConville v.Ingham,268 Pa.507 U920},the Court said as to this requirement:ItBut when the relation existing between the contracting parties appear to be of such a character as to render it certain that they do not deal on equal terms•..then the burden is shifted,and the transaction is presumed void,and it is incumbent upon the party in whom such confidence is reposed...to show affirmatively that no deception was used,and that all was fair,open,voluntary and well understood.II Mr.Justice (now Chief Justice)Bell,in Kees,Executor,v. Green,supra,said: "Generally speaking,the burden of proving confidential relation- ship or lack of capacity or undue influence rests upon the person asserting the same.(citing cases)Nevertheless,if a confidential relationship is shown to exist,then even in the absence of evidence of actual fraud or of mental incapacity,the burden is on the dominating party to prove by clear and satisfactory evidence that the contract was the free,voluntary and independenti act of the other party,entered into with an understanding and knOWledge of its nature,terms,and consequences;and that the entire transaction was unaffect$d by undue influence or imposition or deception or fraud:(citing cases).rl (Emphasis .ours) But exceptant insists that the hearing judge erred in giving any consideration whatever to the matter of donor's intent,whether donative or not,and that this aspect of the case should have been omitted;that petitioner..,. "d~~s not question donative intent or challenge the ~anI0 account in any other manner or form.It However,it is conceded in exceptant's legal brief: "Petitioner further alleges that at the time of creating the said account,the decedent was under undue influence and imprisonment of his mind and body by Marie Selvoski,that his acts were not the result of his own free will and that the decedent was of poor physical and mental condition and was unable to comprehend the meaning of his act.It -3- ••., It would appear to us that where petitioner has alleged decedent's imprisonment of body and mind,that his acts were not the result of his own free will,and that decedent was unable to comprehend the meaning of his acts, such allegations would put at issue not only the matter of donative intent but each and every facet of the entire transaction. We return now to the subject of burden of proof.As already stated, the burden of proof is generally on one seeking to show a different intention of the depositor than that indicated by the title of the bank account.But the burden of proof is shifted where a confidential relationship is shown. The hearing judge unhesitatingly concluded that there existed a confidential relationship between Rocco Botton and Marie M.Selvoski;that conclusion is here affirmed.With this relationship shown,it became the respondent's burden to justify the transaction.As has been aptly stated, "Transactions by which a decedent shortly before his death practically strips himself of all his available property are naturally regarded with suspicion, and are scrutinized with a keen and somewhat incredulous .eyetf:Wise1s Estate, 182 Pa.168 (1897);Katz v~Lo'ckman,356 Pa.196 (1947).Respondent maintains she has successfully refuted any imputation of unfair advantage;that no deception was used;that all was fair,open and voluntary;that she had not taken advantage of her confidential relationship with the decedent.But the hearing judge was not persuaded that such was the case;nor are we. Additionally,the intent to create a trust must clearly appear: Ingels Estate,372 Pa.171,177 (1952).The mere title of the account (Rocco Botton in Trust for Marie M.Selvoski)is insufficient to prove a tentative trust has been created when a confidential relationship exists between the donor and the cestui que trust.In such case,the burden of proof shifts to the donee (the -4-.. • respondent herein)to show that no deception was used,that donor's actions were open,free and voluntary;and that decedent fully understood the import, and consequences of the transaction.The hearing judge found that respondent had not carried the burden of proof as required;that it had not been adequate iY shown that decedent understood the consequences of the transaction in setting up the tentative trust;that the intent to create any type of trust was not adequately proved;and that lacking proper and sufficient proof of the intent ofl the donor to create such a trust,it must fail.We affirm the holding of the hearing judge in this respect. A brief reference to the testimony adduced by respondent concerni(ng the opening of this bank account will suffice to show how deficient it is in probative value as to decedent's intent and his understanding of the legal implications of the whole transaction.Only two witnesses were summoned, the bank clerk who prepared the signature card,and the donee or cestui que trust herself.The bank clerk testified that she alone made the necessary changes to create the new bank account setting up the tentative trust in the manner it was titled.With respect to informing the desedent concerning the type of account proposed,and its legal effects and consequences,she stated: "I have a set procedure which includes a full explanation of the control of the money and the various forms and spell it out exactly to the individual,what this means to him in terms of who controls the money and when and so forth...II She testified that decedent appeared to understand her explanation.But there is not one word in her testimony of the actual content of her "full explanation or'. the control of the moneyl!,nor of the various forms of accounts,nor the effect thereof on the decedent,nor the control of the fund during his lifetime.These matters are all left to conjecture,but she assures us that decedent understood all of them.We have her assurance,but nothing more. ., -5- • The signature card prepared by the clerk is not in evidence,nor are any of the forms of the various accounts the bank clerk referred to.The decedent could not read English,and it was conceded that no attempt had been made to read to him the language used in any of the account and signature card forms.She relied exclusively on her interpretation and explanation of each of them. The subject case is ruled by McCown v.Fraser,327 Pa.561 (l937).There are many similarities in the factual situation,except that the sexes were reversed.Miss Susan McCalla,an elderly spinster,became acquainted with a young man of 22,one Arthur Fraser,and took him into her home as her companion;she became very fond of him before she died.Within a few months of the time Fraser went to live with decedent,she purchased a burial lot and provided for her funeral,giving instructions that Fraser should make the arrangements.She made him executor and trustee under her will; she placed the utmost confidence and trust in him.At the time of her death he had obtained over two-thirds of her estate.In the last month of her life she· gave him outright the sum of $10,000 in bonds,and set up a trust fund of $35,000 for him.The lower court,finding a confidential relationship,declare& all the gifts void and ordered repayment,and set aside the deed of trust. The Supreme Court affirmed.It stated (page 568): II.••.This evidence tends to indicate that decedent was~remarkablyactive mentally for one of her years,and that she possessed deep and genuine affection for Fraser.It does not prove,however,that the love and affection she bore him,and Which undoubtedly motivated her in the gifts to him,were not aroused by his crafty and unworthy methods,or that they were not the means by which Fraser dominated her will and secured her property.All the circumstances point to the conclusion that this was indeed the case. ".. .The rapidity with which Fraser despoiled his benefactress demonstrates beyond question that he lacked any sincere regard for her,and that his appearance of affection was -6- •<. ,..• but artful simulation.The ease with which decedent surrendered her property to him after a lifetime of prudent conservation of her estate would seem to be explainable only upon the ground that after many years of loneliness she was a ready victim of the flattery and .attention wit,q.which he masked his cupidity,and that thereby her will was entirely subjugated to his ...II The foregoing is peculiarly pertinent to our situation,except that < claimant-respondent despoiled her benefactor in the record time of three days.I Hi~will,executed on Monday,March 31,1969 named respondent and her I husband as executors,and bequeathed his entire estate to her three children. The next day,April 1st;was the day of the bank transfer of the account to a tentative trust,the account now in question.This completed the transfer of the whole of decedent1s property for all practical purposes.The following day she accompanied the decedent to the funeral home and made arrangements for his funeral.Her work was then completed;she had only to bury him. The claimant-respondent,occupying a confidential relationship with decedent,has utterly failed to sustain her burden of proof to show that the transaction under scrutiny was unaffected by taint of undue influence, imposition or deception;that the form of benefit received by her was the result of the free,voluntary and intelligent act of the person giving it. The adjudication of the hearing judge is confirmed absolutely.\Scourt, ,_I (/.\/"-.Uf4../l ~.t::) ,~,V fJ. -7 - (p 3 -to cr -70 1- &tatr nf 'ruusgluauia {ss: drnuutg nf lI'as~iu!ltnu 5 TO THE HONORABLE JUDGE WITHIN NAMED: I hereby certify and return that on MONDAY the loth day of MAY 19 71 at 4:05 P.M.,I served the within CONTEMPT ORDER-AMENDED ORDER IN CONTEMPT PROCEEDING[upon the within named defendant --=..:M=A:.::..:R=I=E'---=-=M....::..---=-SE=L=V~O=S=...:K=I=---_ .j by handing to HER EIGHTY-FOUR,ONTARIO, personally at HER RESIDENCE,R.D.#2, Washington County,Pennsylvania,a true and attested copy of the within CONTEMPT ORDER-AMENDED ORDER IN CONTEMPT PROCEEDING /and making known to HER the contents thereof. So answersCONTEMPTORDER ~~W~~fFlfNgRDER IN N0-907 TERM,19 69 INVOICE No.17151 . SHERIFF'S COSTS $15.00 DOCKET NO.10 ,PAGE 277 PAID BY ATTY.FOR PLFF..' Sheriff.1 "'9 jf ~~C0 /~~ '131 eJ ~ ~ \).) \ ('.. ~ "./.< ~ e • •"0 The Supreme Court of Pennsylvania,L ss: Western District The Commonwealth of Pennsylvania TO THE JUDGES of the COURT OF COMMON PLEAS,ORPHANS r COURT DIV.for the COlfnty of WASHINGTON GREETING:We being willing for certain causes to be certified of the matter of the appeal of MARIE M.SELVOSKI from the Order of your said Court at No.907 of 1969 (63-69-907); IN RE:ESTATE OF ROCCO BUTTON,a/kla ROCCO BOTTON,Deceased before you,or some of you,depending,DO COMMAND YOU that the record and proceedings aforesaid,with all things touching the same,before the Justices of our Supreme Court of Pennsylvania,at Pittsburgh,in and for the Western District,on the 3rd Monday of March 1971 ,so full and entire as in your Court before you they remain,you certify and send,together with this Writ~'that we may further cause to be done thereupon that which of right and according to the laws of the said State ought. ~.,. Witness HON.JOHN C.BELL,'JR.,Doctor of Laws,Chief Justice of our said Supreme Court,the 0 12th day of January ~.ntheYear of our LtJ~_/7 one thousand nine hundred and seventy-one•fj ~ Depu y PROTHONOTARY IN RE:ESTATE'OF "":II --•• --.IROCCOBu:r~~.."- a/k/a Ro~cb;~TO~ Deceased=::u~u..~?:,''"..~:;:;~;."-__I J : APPEAL ~~~E M;oSE}~~~PSKI z ;;~=.c-::-U'~o ---~"-,~ •r-:::"'::~ CERTIORARI dv th"e'~ COURT dF eOMMON ~AS ORPHANS'COURT DIVISION for the County of WASHINGTON Returnable the 3rd (~ • - .'1,, ; I o \ f-----. ,4)-",.).-C~ Monday A.D.19 71 March Term,19 71 EitEl) AUGS'O-1971 iSUPREME ,COUR1 :WES]'f.l{B DltBlCl Attorneys for'AppeLlant March 88 ~uprtmt <tCourt WESTERN DISTRICT of LNoo ?'7 oIIY'V ~Thomas J.Terputac ~John F.Bell 'j.\~,Itt /'17/ \'IJ ~'-1(7,()O .. ~~~,~,(7.C!.... \'! '"" '1:3 ll>.:tj ;:l ....,...., .~.:" uj uj OJ 'E ~..:i .:~ ~ 0'"ll>....,". ~'";:n ~, ll> tj-..s::~.~ ...., tj ~ ~ll>j ;:n ".J'"~.:.:ll> ll>..0 ll.'"......tj 0 ll>". ..s::0'"....,....,.:~ll> ll>'1:3 ;:l .:.:tj 0 1~ ...,..., ~;:l...... 0 0u'" ll>ll>- ..s::~....,~......tj '"0 ll>....,..s:: ~...., 8 OJ.: ll> ~(..) ~;:l "ti Cj ll>0 ll>-,~ ". ....,'1:3 §''".: OJ tj ~.:~, ll>~~ ..s::....,0....,...,(..) ......t:i ll> 0 ". '" 'tl tj ll>.:ll> .;:1 .;.;tj ;:l....,(..)",- '"o~.:.:;'"....,ll>0'" .~(..)..s:: 0 ...., ll>Q ".0'" ..s::R.;:l....,.: ll>".'tl '"ll>.:tj ::0 ....,tj'"'1:3- tj ll>'tl".:s:.: 0 ".ll> .:0 '"0 ll>(..) :J:::..s::ll>'tl....,"..: ll>".~)tj ..s::0 .~~....,......h 0 ...., h ".ll>(..) ',. ~., J'"~_ ••• NOTE-Rule 6::requires appellant,immediately upon entering his appeal,to serve notice thereof on the opposite party or his counsel and to file promptly in the Court below proof of the service.of such notice. IN RE: ESTATE OF ROCCO BUTTON, a/k/a ROCCO BOTTON, No.907 of 1969 (Number in court (63-69-907) ~x~x below) Deceased. To Appellee or his Counsel: You are he reby not ifi ed that on,__J_an_u_a_r_y-=----_1_2-=,_1....:.9_7_1 _ an appeal was taken to the Supreme Court of Pennsylvania in the above entitled"case at No.88 March Term,1971,by Marie M.Se1voski ___________________and that this appeal will be on the list for the Week of__~Ma~r~c~h~1~5~,~1~9~7~1~,~~~~~~ BLOOM,ROSENBERG &BLOOM~~ BLOOM, By _....:J~a=n:.:u=a~r..>!..y ----:l::.;5::..t:.::h~19 7L~Se rvi ceof the fore going notice is hereby accepted. FILE IN COURT BELOW <. • No.907 of 1969 (Number in court below) (63-69-907) IN RE: ESTATE OF ROCCO BUTTON. a/k/a ROCCO BOTTON. Deceased. Notice of Appeal and Acceptance of Service. /' <;;j: \e '~ 'f'{) "::l- I {i {\ '- •.'-- IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS'COURT DIVISION ESTATE OF ROCCO BUTTON,a/k/a ROCCO BOTTON, IN RE:) ) ) ) ) ) ) Deceased.) ORDER NO.907 OF 1969 (63-69-907) 1971, AND NOW,this --22day of it appearing to the Court that i Appeal t Pennsylvania has been taken by John F.Bell and Thomas J.Terputac, Esqs.,attorneys for Marie M.Selvoski,and upon motion,the Register of Wills and Clerk of the Orphans I Court is hereby directed to compile and deliver to the said attorneys the docket entries and relevant papers in order that they may prepare the printing of the Brief and Record. •Ii..' , I ~, IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS I COURT DIVISION ESTATE OF ROCCO BUTTON,a/k/a ROCCO BOTTON, IN RE:) ) ) ) ) ) ) Deceased.) NO.907 OF 1969 (63-69-907) STATEMENT OF QUESTIONS RAISED ON APPEAL AND NOW,comes MARIE M.SELVOSKI,by her attorneys,JOHN F.BELL and THOMAS J.TERPUTAC,ESQS.,and aver as follows: 1.Marie M.Selvoski,having taken an appeal in the above captioned case to The Supreme Court of Pennsylvania at No.88 March Term,1971,certifies that the questions raised on this appeal are as follows: Question No.1.Where prior to his death the decedent,accompanied by the beneficiary,went to the bank and set up a savings account entitled "Rocco Botton in Trust for Marie M.Selvoski", was a tentative trust established so that the beneficiary secured title to the monies upon his death? Question No.2.Since the petitioner (appellee herein filed a petition in the court below to determine title to the savings account and alleged that the appellant had exercised undue influence upon the decedent or that decedent lacked mental capacity at the time that such account was set up,has appellee sustained his burden of proof so as to • vitiate the tentative trust? 2.Appellant will print the entire record. 3.Consent to do so will be presumed if no objections are made within ten (10)days hereafter. ;\1 ~.,_1 ,...-..•• IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION In Re: Estate of ROCCO BUTTON,a/k/a ROCCO BOTTON,Dec'd )No.907 of 1969 RULE TO SHOW CAUSE WHY MARIE M.SELVOSKI SHALL NOT BE HELD IN CONTEMPT OF COURT TO THE HONORABLE,THE JUDGES OF THE SAID COURT: The petition of Samuel Botton respectfully represents: 1.That he is one of the parties in these proceedings. 2.That Rocco Botton,his father,died August 8,1969 leaving the sum of $23,561.05 in the Mellon Bank in Washington,Pa. 3.That litigation ensued relative to ownership of the same and your Honorable Court,by Order of/August 20,1969,a photostatic copy'of which is attached hereto and labeled Exhibit A,ordered that during the pendency of the proceedings,Marie M.Selvoski is temporarily enjoined from using any of the aforesaid funds for any purpose. 4.Thereafter,His Honor Judge P.V.Marino,in an Adjudicatio dated July 17,1970,ordered the following: IIThis court now orders that 'the full amount be returned to said bank by Marie M.Selvoski,she having no interest in same.The bank shall deposit said moneys in the account as held immediately prior to April 1,1969,to-wit, in the name of decedent and his daughter,.Florence Lerum; the old account shall be reactivated,but it shall remain frozen by the bank,which shall permit no withdrawals,until further order of the court.II " 5.That notwithstanding the aforesaid,the said Marie M. Selvoski has failed and refused to return the said funds to the Mellon Bank, and has refused to account for the same although a request has been made for the same. 6.In addition,your petitioner had been informed that the said Marie M.Selvoski has accumulated and/or used other funds of the decedent such as Social Security,Black Lung-Benefits,and other funds of which she has refused to make an accounting and place the same in the bank. WHEREFORE,petitioner prays that Your Honorable Court will issue a Rule to Show Cause why an attachment should not be ordered against Marie M.Selvoski for contempt in refusing to carry out the above orders of the said Court and to account for moneys received in behalf of the decedent,Rocco Botton. BLOOM, BLOOM,ROSENBERG &BLOOM ..,...--- • •~,..•. cour;T OF C0l1i·;,?~r PI.•.EAS .... .' Deceased. ROCCO BUTTOn a/k/a ROCCO BOT'"':'0!':, _Division . 3Ju W{1r QJrplFtllU 9 Q!ultt"lI of IJusl1tttgton illOUltty,Druttsyluuutu!N RE:(( ESTATE OF)) (.()11i'•rt.J!.•)'1I0.907 'Of 1969(~tE alL to II ((63-69-907))) (( <!tUl1t11tOlttUralt11 of lJrlllt!iyl ualliu l-lUi: aInulltu of lUusl1tltg1utt ~ To:MAnIE M.SELVOSKI Wr Q!Ol1t11tUllU 'JOlt,I-1._a._~_If'_!"_I_,r.;,..-...S_3L_\!_'O_,:..,_~!_(I _ ,that,.laying 2.side al~business and excuses whatsoever,you do file in the Div:is:ton office of the Clerk of cur OrphansI Court!of V.fashir.gton County,a full and complete answer,under oath,to each and every of the averments of th8 sai:::' petition,on or before _~_U_8_s_c_a....;t_·,the 2nd day of _s.;;;..c;;...'!);....t;....s:...:.:"'...;..::;_e:...:r~__-J 1969 ,at ·J.O:OO o'clock A !vI.,and show C8.1..:se why a~o;'~.~:'~';.G·1:!.:: -:;:--b "...---d .-.-r.,'",•.....,..-•..,..,,'',..,.....-4-'....roo ~"'\l,,~."'.,·~...,-,....~......no",e ~nJE:I'_....OJ :1c:vO~<.'"<::u,,01...lD,_lJn~sa.....a •.<.41"_8 •••;01-,;0._';::'.:. her c1e.:;i.~:~::S2 .:....rC'j~~~·::nl-?:::":-:·~0:":,;,s:.:"..:--:::t~~:-~u~~~:c:ic.to .tlC:''8~r :·:::::1::.:: LD.'.::..o~~:c..I .:.....:..:-..r:i"-;:-..'...4 _:....~.~.~·~c~:·..?~~.r..j·w a.r'~~u..L.-~0:'..-.~;.l'ii.C·':':'-0:~:..::.c..:..:~_::.~ Savl·nn .....ccr:u......",...,;(,_~'";c:'....,~~1 (~''''+-:>....wl·........,..~O,..,of'+-~..,o ...·ner.....oJ.'")..::t.l.-'••v ~;v......._1':"',1 "",_j,'-1 .._"""..'".'.J...t....\".,&.J._...'-'.60.l"".......,..,_IJ • ______'Durinr::the 'P0ndcr:cy of thi8 proceedinr:ell rnonf;Ys paid to r":arie '!-I.~. Selvo.:;ki .oy I-:(;llon :;~,tion:.:.l Le:.nk flIld '.!.·rust Con.;)ctny from the ~~avin~:s Account Eo.hl-32::::,clo~ed by her on t.u:;ust 12,1969,arc frozen ~d the said Nrtrie !-'I.Selvcski or her desi gnees are teffiporari1y enjoin,-;d from using any of the said funds for any purpose. decree made against you., WITNESS the Honorable P.Vincent Marino,President Judge of ou:, said Court,at Vlashington,Penna.,the ~day of A_u_C'u_s_t _ Clerk of the Orphans'Cour~ ......... Bloom 01 0 .......,:to""'",...r/T~·>:'l·..,,.,....Esq,u __'1...'.....:__J,L __C,L..'.,\......•J • Attorney.;ior Fetiticn~r. (Seal) EXHIBIT A :...."..,.~--~,'"..-.-..-------~----;,J'.,----:--....,4'"~.-..,•.~'.....---• -----__--.---".'-~-,.__.~_I ...,•••,r,·J\,_~."..)~~~-...........··~"~_-IP_·.,~,__.I't,,_.~·._;""·-_·r'_'~'_•.::o:_·__..•_•..•_~•.:_:"~._,._,,•.-.,_:,,_¢_f;,.._.__:.~.__.::_:._·_.~_·.t..,_,,,~_···_7._:_·,.~1_~._:.j_"-:-""_'_ I ~. "0 COMMONWEALTH OF PENNSYLVANIA ) (SS: COUNTY OF WASHINGTON ) Personally appeared before me,the undersigned authority, SAMUEL BOTTON,who being duly sworn,according to law,deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge,information and belief. ,.-Samuel Botton Sworn to and subscribed before me this 1'f-c/:::day of -fl~1971. ~b(h ROWENE EBELING~Notary Public My Commission Expires February 8,1973 Washington,Washington County,Pew.1. .. ~I,l ~. ".' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS;'COURT DIVISION In Re: Estate of ROCCO BUTTON,a/k/a No.907 of 1969 ROCCO BOTTON,Deceased. REDRo AND NOW Hhis day of ----t~_+----;1--1::>""-++-...:.---- a Rule is hereby issued upon attachment should not be issued against her for contempt in refusing to carry out the orders of the said Court at the above number and term and for refusing to account for moneys received in behalf of the decedent, Rocco Botton.~~/j j I.~.<I).Rule returnable to the 23-day of jIj!/~1911,at r-o'ClOCk fm.All matters to stay m~l>i1 ---f---r-f-f--7f---+-#-r--b""""-+'jI----1 <rr4t ;§ttvrtutt Q,htttrf llf lltttttSt!htanht Jtll~gt~rn~igtritt PATRICK N BOLSINGER PROTHONOTARY HELEN D.STEELE". DEPUTY PROTHONOTARY PITTSBURGH,PA. 15219 January 4,1972 Russell Marino,Esq. Clerk,Orphans'Court Division Court of Common Pleas Court House Washington,Pa.15301 Dear Mr.Marino: I am enclosing herewith the following papers: Re:Estate of Marino No.87 March Term,1971 Your No.1 in Partition of 1966 Original Record in 2 parts Remittitur Copy of Opinion Re:Estate of Button a/k/a Botton .No.88 March Term,1971 Your No.907 of 1969 (63-69-907) Original Record Testimony (2) Envelope of Exhibits Remittitur Copy of Opinion. Very truly yours, DEPUTY PROTHONOTARY ad Enclosures j " [363] IN THE STJPJtDm COURT OP PENNSYLVANIA Western District In Re I ESTATE OP'ROCCO BUTTON,a/k/a ROCCO BOTTON,Deceased ___11_ Appeal of Marie No Selvoski :No.88 March Tam,1911 ••I Appeal trom the Decree ot the Court 01' :Common Pleas,Orphans'Court Division I of Washington county at No.907 of 1969 :(63-69-901).' OPINION OF THE COURT• PER CURIAM:~ILED:D~q~~~$~20~1~11rec±ion1PP~le~ier Feo.-7c 192 l£~ic~gareme Ct. D~cree eftirmedo ~9~J!~Vo Fraser,321 PSo 561.~Atlo 614 (1931); see also Vog v.Kaye,443 Pal)335,279 Ao 2d 759 (1911).Each 'party to bear own costs. l.iR o CHIEF JUSTICE BELL did not partielpate in the conalderation or decision of this case. MRo JUSTICE BARBIERI did not participate in the consideration at decision of this case o ~l- ----.... SUPREME COURT OF FENNSYLVAN'IA Western District Februa17 1,1972 In Re:Estate of Button,etc. ___....;N;;.o::;..;..~§8 !vf&TCh Term,1971 Dear Sir: lUll you please make thefo1lowing change in your copy of the Per Curiam opinion of this Court in the above entitled case: Page J.,line 1,change "196 Atl.614 (1937)"to read 17192 At1.674 (1937)." PNB/cac ,,' ::0oaoo ~t-3 t-3oZ [363] IN THE SUP'RDIE COURT 0.,PENNSYLVANIA Western District In Re I ESTATE OF'ROCCO BUTTON,elk/a ROCCO BOTTON,Deceased Appeal of Merie MoD SeJ.voski :Woo 88 March Term,1971 ••J Appeal trom the Decree ot the Oourt ot s Common Pleas,Orphans'Court Division I of Washington County at No.901 of 1969 :(63-69-901).. OPINION OF THE COURTt • PER CURIAM: Decreeettirmedo Mc;Cowl!V G Fras!!:"321 Pa.561,196 .Atl.614 (1931); see also Yog v o It!l!,443 Pao 335,219 Ao2d 759 (1971).Eeehperty to bear own costs. r.m 0 CHIEF JUSTICE BELL did not participate in the consideratiOD or decision of.this case. MRo JUSTICE BARBIERI did not participate in the consideration ot decision of this oase o ~l- .,- .. l_~__ . I .. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE:) ··Estate of ) ·No.907 of 1969·ROCCO BUTTON,a/k/a )(63-69-907) : ROCCO BOTTON,) ··Deceased.) o R D E R .~ AND NOW,this If:~day of February,1972,the Court taking jUdicial notice of the per curiam opinion of the Supreme Court of pennsylvania dated December 20,1971,affirming the decision of this said Court in the above captioneQ case,and pursuant to the Order of this Court dated April 29,1971, Florence Lerum is granted permission to withdraw from the Mellon Bank account entitled "ROCCO Botton Estate and Florence Lerum',being account number 619576,any or all funds in said account.This said Order shall be the authority for Mellon Bank to immediately release said funds in said account. ~~r ~t The Supreme Court of pennSYlVania]5S: Western District ) The Commonwealth oj Pennsylvania TO THE JUDGES of the COURT OF COMMON PLEAS,ORPHANS r COURT DIV lor the County of WASHINGTON ~ GREETING:WHEREAS,by virtue of our Writ of Certiorari at No.88 of March Term,1971 of our Court a record in the matter of the appeal of MARIE M.SELVOSIIT from the order of your said Court at No.'907 of 1969 ~~(63-69-907). (.layof , (J\( was }))'oughtinto om'Supreme Court and the said cause was thel'e so proceeded in that on the 20th December A.D.1971 the following decision was rendered,viz: Decree affirmed.McCown v.Fraser,327 Pa.561,196 At1.674 (1937);see also Young v.Kaye,443 Pa.335,279 A.2d 759 (1971).Each party to bear own costs. PER CURIAM MR.CHIEF JUSTICE BELL did not participate in the consideration or decision of this case. MR.JUSTICE BARBIERI did not participate in the consideration or decision of this case. WHEREFORE,We hereby remit you the record aforesaid with the proceedings thereon and all things touching the same so far as in this Court they remain,for the purpose of exec~tion as to justice shall appertain in accordance with the decision of our said Supreme Court as aforesaid. _itness the Honorable JOHN C.BELL,JR.,Chief Justice of our Supreme Court,the 31st day of Decembe.r in the year of our Lord one thousand nine hundred and JtJnty_one.n .01-A ·~/fC)~~De uty Prothonotary . WASHINGTON,Orphans'Ct.Div. (63-69-907) No.907 of'1969 ~~:J9 No.88 March Term,19 71 ·, ~l{p'flmt ~Otitt ({)(7);-:~I i~~r"~.•.~~'y.:_J p..,.."."'t -'-''::,;J-...",~"~ ~.~';";rJ2 ~') IN RE:'=-_\;;:':.- S c'~ESTATE-OF-::: ?::;:;f :~C~ Ro.gCfO ?3UTTON- a/k/a 1\0000 BOTTeN ,-1 \,.".-.J '" Appeal of'MARIE M.SELVOSIa ,REMITl'ITUIl /if) J:J//)-. I$~~' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION In re: ESTATE OF ROCCO BUTTON,a/k/a ROCCO BOTTON,Deceased. No.907 of 1969 EXCEPTIONS TO ADJUDICATION AND OPINION ON BEHALF OF FWRENCE LERUM.VIOLA M. BERGMANN,and SAMUEL BOTTON AND NOW,this }~day of February,1973,Florence Lerum, iola M.Bergmann and Samuel Botton,by their Attorneys,Bloom,Bloom, osenberg &Bloom,except to the Opinion and Adjudication of the Judge in the bove captioned proceeding for the following reasons: 1.The Judge erred in permitting the Will of Rocco Botton to tand. 2.The Judge erred in failing to find that the Petition to Invalidate he Will was proper. 3.The Judge erred in failing to find undue influence,duress and onstraint which was proven in the case. 4.The Opinion of the Judge is against the evidence and the weight f the evidence. 5.The Opinion of the Judge is against the law in the case. 6.The Opinion of the Court is in error and diametrically against e previous Opinion of the same Court relative to the transfer of the bank accou t Marie Selvoski which was declared invalid. I":, 7.The Court erred in its application of case law quoted in said Opinion. 8.The Judge erred in failing to find that the testator lacked testamentary capacity and that in making the Will his mind was under the control of Marie Selvoski. BLOOM, BLOOM,ROSENBERG &BLOOM I hereby certify that the foregoing Exceptions are not filed for the purpose of delay but because Exceptants verily believe that injustice has been done them. BLOOM,BLOOM,ROSENBERG &BLOOM ~r/l~h'-' A ttorneys for ExcePta~ ., • (334] IN TilE SUPREME COURT OF PE.NNSYLVANIA Western District Noo 100 Ma:rch Tej::f4~1973 Appeal from Decree of Court of Common Pleas,Orphans' Court Divi<sion,\lashington County,No.907 of 1969 ll\J RI*..:ESTA1'F.OF ROCCO J3UTT.ON~a/k/a ROCCO !~OTTON 3 DECEASED Appeal.of Florence Lerum. Viola M.Bergmann and Samuel Botton ••·•·•·····• •··o·•Entered:JanU8ZY 24.1973 Rocco Botton died on August 8,1969,survived by t~o daughters end 8 £100,9·""Florence Lerum,Viola Bergmann and Samuel l!otton,resCl pectivelyo Marie Selvoski and Charles Selvosk1~Jr.,her husband (who 'w~·re not related ill any manner to deceased),prese"lted for pro'" b.9te···t.o·.the .Register of Wills of Washington County 8n alleged will-" purportedly executed by deceased on March 21,1969,and the Register of \-Jills accepted this w:lll for probate"Under the provisions of this will,deceased left $1",00 to each of his three children,bequeathed the the r~Bidue of his estate to/three minor children of tb~Selvoskis and name~Marie Selvoski and Charles Selvoski,Jro as deced~nt83 personal representatives",On August 16,1909,deceased's child:ren appealed from the probate of the will to the Orphans'Court Division of the Court of Common Pleas of Washington CountYo After a h~8ring at which extensive te8t~ony was taken,the court denied an issue ~~~isavit Vtl . .Qqn,upheld the validity of the will and entered a decree affirming the probatE of the will",From tr.~t dEcr~e this appeal followed", The parties to this appeal agree that dece~led did execute the will0 HOt'1everI appellants allege that at the time the moiting was executed by deceased,his physica.l and mental conditlon had been gravely impaired by illness and infirm!ty,that he lacked testa- mentary ca.pa.c1ty,a.."1d that the writing was procured by undue in.. fluence,duress and constrll.int pro.ctlced upon the deceased by the 8e1vosltis,who had physically and mentally held him "captive"tram Ma.rch 19$9 until August 8,1969,the da.te of'his deatho The issues before this Court are whether the}evidence before the chancellor sustained the findings that deceased at~the time of the wr1t1ng9 s execution was of sound mind and capa.ble of d1spos1ng of h1s estate by 't'dll and that the l'lr1t1ng was not procured by the undue inc» 1 fluence of the Selvoskiso !0 ft"'inu'st be pointed out the decea.sed had had a savings account totaling $23,561005 in the Mellon National Ba.tlk and Trust Company in the names of h1mselt and his daughter,Florence I.erumo On April 1,1969,the day after he had executed the aJ.leged will, the deceased,accompanied by Iw'"ie Selvoskl,went to i.he bankjclosedouthissa.vings account and transferred the en1.ire balance to a nm'1 account entitled "Rocco Botton in trust for I,brie 1,10 Selvosldo II In a.separate proceeding 1n the Orphans'c:ourt Division of the Court of Camnon Plea.s of 1'1ashington County"thE~title to this ba.n1t account \'.rae at issue0 After e.hearing,the court directed that the full amount of the sa.vings account which had been withdralm by ~~ie Selvoslti after the deceased's death should bEt returned to the bank and placed in the name of deceased and Florence Lerumo I.n reaching its determination the court held"inter oJ.!!,: uThe hearing judge unhesitatinGlY concludes that there existed a confidential rela.tion.. ship bet~Teen Rocco Botton and I.mie lito Se1vosk1o He was untutored,could not read or writo (except to sign his name)I spolta brolten English with difflculty,was aged"infirm,and in very poor physical con·" dit1on,had flO one to turn to tor advice or a.ssistance \>lh11e living at the home of Mario Selvoski after February 1,19690 n The court reasoned that Marie Se1voski had not sustained her burdenofprooftoshowdonativeintentonthe~of the doceasedo Conse...quently#the purported transfer of the savings accoun~~was invalldo We affirmed that decree in Dutton Estate,445 Pao 609,284 Ao 2d 501 (1971)" [334-3] Deceased was a widower of many yeaTs o His three children were married and resided apart from their fathere In ~is later years, deceased occupied only a portion of his farmhouse and V~ased the re- mainder,over the yeara,to various persons,including 14rs.Selvoski'Q parentso Mr0 Bott"n had been hospitalized several time.B during the 'Cwo-year period before his death.In late 1968,after one such hospitalization,he took up temporary residence with hig son,Samuel. A few weeks later,however,when samu~l's wife became ill,deceased ~ent to live at Q friend's home for s ahort t~e.sam;le1 had l1l8de arrangements for deceased to enter the Washingtoll Manor Convalescent Home,but the deceased refused to ~~believing that he was about to be placed in a county "poor home ('" Deceased resided with his friend until Februl!!'ry 1969 p when he was agai.n hospitalized.After being discharged fran the hospital in March 1969»Rocco Botton did not return to either his sonGs or bis friend's home but went to live at the Selvoskis where Mrs.Selvoski looked after him generally.The evidence indicates that the S~lV08ki8 did everything possible to keep deceased from all contact with other persons.When an occasional visitor of the deceased did arrive at the Selvoski home,either Mr o or Mrs.Seivoski normally remained in 2 tile room and~in fact,attempted to limit deceased's conversation. At least from February 1969 until his death in August 1969, the deceased was physically ill,suffering from arthritis and arteri- 2.On one occesion,when tus~Lerum,deceased's daughter, went to the Selvoski bome to urge her father to enter Washington Manor)an £lrgw.m:::.ilt;;arose in the couree of which Marie Selvoski struck Mr@.Lerum and ordered her to lea~the house. ·, , 1 I •• oseleros1s.At the time ot his hospitalization in th,e early part ct 1969,decedent l s gradual physical deterioration had also affected 3 his mental condition.Deceased,in this wealtened physical and mental condition,was released fran the hosp1te.1 on March 3,19'59, into the care of the Selvoskiso Four weeks la.ter,on I,larch 31,1969" Roc..~o Botton purportedly revoked his prior will whieh benef!ted his nB;fjural children,and in its place substituted another will in favor oil the children of Ma.r1e and Charles Belvoski0 At the outset,we recognize,l11th the appellees,that "the findings of the Orphans'Court jUdge"who heard the testimony without a.jury,are entitled to the l'leight of a jury's verdict and are Cono trolling upon us 0 •••If t·1asciantonio '''ill,392 Fa.362,367,.141 ~o rrhis phYsfcal (and its attendant menta.l)deterioration is evident fran a brief consideration of Rocco Dotton,'s medical history. Decedent l\I"aS first admitted to the hospital in 1937 suffering from an occupational lung disea.se end bronchial pneumonia"the final disenosle of his condition being,pne~ coniosis 51 chronic lung disease tmd pneumonia.of the right lower lobe of the lunBo l-lhen admitted to the hospital in late 1968, deceased had arter10sclerosis,heart disease,congestive heart failure nnd pulmonary emphysema.,symptanized by shortness ot breath and dro~syo The records for deceased's hospital stay during July 1908 evidence early indica.tions of mental deter10raQ t1ono 1-Ihila hoapitalized a.t this time lofr Il Botten was occa.sionally confused~pulled out the intra.venous needles several times,and a.ttempted to leave his bad so often that he was placed in restraints 0 lihen admitted to the hospital in February 1.969 deceased llaS again diagnosed as SUffering from arteriosclerosi.s and congestive heart fa.ilure 0 While hospitalized he also suffered a.ga.ll bladder, a.ttack.During this sta.yJ according to the testimon~r of Dr0 John J 0 Doness!and the hospital record~1 deceased \1aS again disoriented at times 0 Dr0 Donees!testified that he woos sure deceased "had periods 't'lhen he had episodes \'lh1ch are characterized as chrord.c brain syn<l'> drome,II tha.t there lTere times \men deceased t'1QS incOfr\petent and thatlwheninasta..te of confusion,he ha.d an impairment of judgment. ·.'. ,[334-5] Ao ~d 362~365 (1958)1>SUCh findings should stand unless the chancellor has committed either an abuse of discretion or an error of law which controlled the outcome of the case0 ProtyP1ak l-Till,427 PD..52l~,532.235 A.2d 312,311 (lSb7);Dett)'~1'1111. 415 fa.191,201,202 Ao 2d 827,830 (1964);!1111ams v.,pecarroll, 314 Pa~281,299,91 A.2d 14,22 (1953). In his opinion accompanying the denial of Q.ppellants~ petition for an issue .9..!'y.n.!.,Judge I;1ar1no 8tated~ "l'1here a.gift 1s made by will to one standing in a confidentlaJ.relation"[l~] the burden of disproving undue influence is not placed upon 'the beneficiary named in the will..I>•0 If This statement ot the law is correct and stands as a corollary to the basie rul~that undue influence must be demonstrated by the party ~]'leg1ng ito .§.ee,eroBo,ProtynlBlt ~state,421 Fa.,524$1 235 Ao 2d 312 (1957)11 a.."1d .H!€m~e.vl1g"365 Pao 381"75 At>24 599 (19:',0)0 A con- fidential ralat1onship,in ltseJ.tg 1s insufficient to (ih1ft the 5'burden of proof'of'undu~infl.uence t>Likewise»deb1111~y of mnd 1i;-··----c0Df1den'EIal relationship Me been defined by our Court as the relationship which exists whenever "the eircums1;ances make 1t certa.in the parties do not deal on equal terJD1l,but~on the one side there is an overmasterin{?;influencelor,on the o1;herj weak...ness~dependence or trust,justifiably reposed [tor]in both [situations]an unfair e.dvantage 1s possible0 n Leedom Vo Palmer" 274 PaP.22,25 j 117 A.410,(1922l»g$feg ~1:p McC1ntchy Estate,433 Pao 232 237:1 249 Ae 2d 320,322 (l ;arson Estate"431 Pao 311,317j 245 Ao 2d 85~)!862 (1918);'J.1hompson t-1111,38rt PaD 82,88, 126 Ao 2d 740,744 (19~);t'11Uiams Vo UcCarroll"374 Pa.281 291~~ 97 A.2d 14,20 (1953);Hamberg Vo Dars~,355 Pa.462:1 465...(5~,ll 50 Ao2d345;(1947). ~o See Koons vs Estate,293 Pao 465,469,143 AD 125,(1928)I [t'1here J tnere was no proof of extrema 1nf'1rm1ty or mental weakness, the confidentia.l rela.tion did not change the burden of proof0"see also Bueeh1ey's Esta.tej 278 Pa.227,229.122 Ao 287,l1 (1923); GCiiiaware Vo Donehoo,255 Pao 502,508.11 100 Ao 264,(1917)0 -5- ,.. ..,t .'... [334-6] and body not amounting to testamentary incapa.e1ty,W 1tseJ4:.,does not shift the burdeno ;Brant1inger l·Y11.1,418 Pao 236,248 no 20, 250$210 A..2d 246~253 no 20"254 (1955);~rr v.q'DonovtHl, 389 Pa.614,627,134 A.2d 213,218 (1957).However,tIe have cons1stentl.v ma.1nta.1ned that where "a.person in a confidential relationship receives the bulk of the.• •testator's property [&"1'1d]0 "..tho testator was of weakened intellect,the burden 1s upon the person occupying the confidential relation to prove that the.~..bequest was the tree,voluntary and clearly m'lderstood act of the other party and that the entire transaction.0 •was unaffected by undue influence or impos1tion or deceptgon or fraud .."J1!!!.1!!!!!v 0 ~Q!.tr,oll.l 374 Pa ..a.t 295,97 A.2d at 21. The chancellor rightly concluded that a cont:ldent1al re." lat1mship existed between the deoeased and the SelvosldaiJ whose threa minor children would race1va under the contested will practically the entire probate estate0 Both the appellants and ap})ellees testified t¢the extremely wealtened physical condition of the dec:eased~and ·the appellants presented expert and lay opinions of the deneasedge fq~ned intellect0)These factors taken together shif1;ed the burden i()f''proof "to the appelleesj and the chancellor erred whHn he placed that burden on the appellants. Once the burden shifted,1t was incumbent on the appellees to demonstrate the absence or undue influence by claar and convincing 60 See &±i.o·Jervis l'1il1,443 Pea 226,23tj 279 A.2d 151,(1971); Brantlingei"1Yil!,'418 Pa.236,250,210 A.2d 2l1O,254 (1965)J Ash 1'1111,351 Pao 317,322~41 A.2d 620".(1945);Puse~!"s Estate, 321 Pa.248"268"184 Ao 844 j (1936),guot1nf\ttary Yorke 9 s Estates 185 Fa.61,69A 39 Ao 1119t (18);D1b1G·'SIStat~!J 316 Pa.553 g~55,175 A.53ts"(1934J.It 1s clear trom these CE.ses that the t1ea.kened intellect"of the deceased need not amount tel testamentary incapacity. l I ,• ,,,,;:. 1 eVidence.Girsh Trust..410 Fa.455..471"189 A.2d 852,859 (1963).Here,the appellees'eVidence,when contraposed with that presented by the a.ppellants"fell far shori;of the character and degree necessary to sustain their burd.en.other than their own testimony,the appellees only oftered"on -the lss\.1e ot undue influence,the testimony of three parsons --two neighbors and a worltman.They testified that the deceased 1'm.d,on occasion,spoken to others out of the presence of the 5elvosk1so This evidence was offered to rebut the a.ppellants'position that the Selvoskis never allOtted the deceased to speak to visltors alone 0 Such evidence fn.:tled to satisfy the appellees ~burden of eata.bllsh1.r~the lack8 of undue ir4'luence0 Decree reversed.Costs to be pn,ld by appellees. "'0·=-"A oXi'im ag,g,1nst a.decedent t seats.te can be established and proved orlly by evidence which is clear,direct"precise and convincinG.Q Petro Vo BectU'Y'Esta.te~403 Pa.540,543,170 A.2d 325,(1$X51).This burden requires proot grea:ter than a mere preponderance,Girsh Trust..410 Pa.at 471"189 A.2d at 859,but less than boyond a.reasonable doubt.Petro v.Secary Estates 403 Pa.at 543"170 A.2d a.t • 80 In viet1 of the appellees'failure to demonstra.te the absence of undue influence~it is unnecessary to resolve the issue o.f the presence ot testamentary ca.pacity., ~-,_._-------~.~-----------~~~~ J ( \ .-----IN BE: ESTATE OF ROCCO BUJ.'TOB,. &/kla ROCCO B~,Deceased Appeal of FI...OBENOE LERUM.,• No..100 March Term,1973 Your No.907 of 1969 ______~--s.------------.------191~Received from the Supreme Court . of Pennsylvania,Western District;the record!riBttftur~~opyof the opinion of the Court,in the above entitled case,together with Testimony (2)anti envelope of EXh1b1ts • .Russell Mal"ino,.Clerk OrphansI Court D1vision .Court of Common Pl.eas .Court Rouse 'Wash1.ngton"Pa.1.5301 •\ PLEASE RETURN TO Supreme Court of Pennsylvania 801 CITY-COUNTY BUILDING PITTSBURGH,PENNA.15219 ~ No.100 VS. March Term,19 73 u .... ACKNOWLEDGMENT OF RECORD, @MITIITUR;:jTC~"'. .~.rl1 -.---. (f)I~-)c:t::::l __ ::::-(II rT'i r-(n.·C-) ;;>.:--,;:.1-:", ',,n ,'- ~- -).,,;:-:.-o --r-:;.~U f--'C)................,~-~\,.,'.. ..,., r"'V '--V ~ t::" ~./'J' ~ The Supreme Court of Pennsylvania1 ss: Western District r ) The Commonwealth oj Pennsylvania TO THE JUDGES of the COURT OF COMMON PLEAS,ORPHANS f CT.DIV.for the County ~f WASHINGTON GREETING:WHEREAS,by virtue of our Writ of Certiorari at No.100 of March Term,1973 of our Court a record in the matter of the appeal of FLORENCE LERUM,V~OLA M.BERGMANN and SAMUEL BarTON dated January 24,1973, from the Opinion and Order /of your said Court at No.907 of 1969 ~JP.CPPi3 was bl'oughtinto om'Supreme Court and the saId cause was there so proceeded in that on the A.D.19 74 the following decision was rendered,viz: Decree reversed.Costs to be paid by Appellees. JONES,C.J. 22.rrd day of November ~~ WHEREFORE,We hereby remit you the record aforesaid with the proceedings thereon and all things touching the same so far as in this Court they remain,for the purpose of exec~tion as to justice shall appertain in accordance with the decision of our said Supreme Court as aforesaid. ~itne55 the Honorable BENJAMIN R.JONES,Chief Justice of our Supreme Court,the 3rd day of December in the year of our Lord one thousand nine hundred and 74. WASHINGTON:J ORPHANS'CT.DIV. No.907 of 1969 ~l9C: No.100 March Term,19 73 ~uprtmt ~ourt IN RE: ESTATE OF ROCCO BUTTON:J a/k/a ROCCO BarTON:J Deceased Appeal of FLORENCE LERUM:J ET AL. REMITTITUR .\1 d •.0 8 h T'l'~\HSV'" STL':,.;lLS\~3~ oH:.,'..,;..I \"J ':.'3 nt! fit 2 \\d i)J30 hL. '(1')llJ ..l .\!-• ,"f,,4' ".,....~....,"•';t-.f,'t··• -~,i-) I ,•~;J '.....'.'~ IN THE COURT OF CO~~ON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION j HEARING ON PETITION FOR "cITATION OF MARIE M.SELVOSKI :-10 FILE AN ACCOUNT IN THE'ABOVE ENTITLED ESTATE IN RE:) .) ESTATE OF ) )No.63-69-907 ROCCO BUTTON,'a/k/a ) ). ROCCO BOTTON,) ) Deceased.)-. \'. :5z0(>..J>-IIIZZ\&III. i0l-e>z J:III0(:= ..:ua:I-III 0 ..J~u 0 :J.., :tI-,... N iiiIl:\&Il-ll:0Il.IIIIl: l-ll: :J 0 ,U ..J 0( uii:lL0 BEFORE: APPEARANCES: TIME: THE HONORABLE PAUL 'A.SIMMONS,Judge of the said Court . MILTON D.ROSENBERG,ESQ.,of the firm Bloom,Bloom,Rosenberg &Bloom,of Washington,Pa.,representing the Petitioner,Samuel Botton. SAMUEL L.RODGERS,ESQ.,of Washington Pa.,representing Marie M.Se1voski. June 20,1975. JACQUELINE H~10ND Official Court Reporter Orphans'Court Division ......------......----------------------------------------r-~ THE COURT:W~are now entering into the matter concerning the estate of Rocco Button,also known as Rocco Botton,deceased. '.MR.ROSENBERG:If the Court please,this was the .4 • :case,and for such other actions as Your Honorable Court • •i /'r ~...~."'"I;'";wo~'ld~'taki rtHafive:,to the,samE{:'~....(.{,,~;," ~::.''0',........ new matter and a counter claim. of Marie Selvoski to file an account in the above captioled time and place set for a hearing on a Petition filed by the Executor of the Estate of Rocco Botton for Citation May I see this paper for a second? Do you have an Answer filed,Mr.Rodge s?,.COURT: RODGERS:I ",Yes',Your Honor.We have filed an ..I ..t~'jIf ...t '-:"~., Answer to 'the Petiti~n filed by Attorney Rosenberg to sh<w.~l'""",. ,'".'t i f ~1 .,~~~.'tcausewhyIanacc6untshould not be filed.And it inclu(ed THE COURT: ~• , I,, I ~••. ":.'.....).. THE MR. ::!:zg >-UIZ Z\&IDo iol-e>z I:UI~~ ~uitI-UI Q oJ~ U o ':J.., J:f0-r-N thing like $33,000.00. claiming for $'3~,OOO.OO against the Button estate. It's in the neighborhood of $24,000.00,is that right?!Iill:\&Il-ll:oDo \&I ll: l-ll: :JoU oJ~ uii:u.o MR.RODGERS: THE COURT: The total,Your Honor,would be some- In other words,your client is counter MR.RODGERS:That is correct. THE COURT:Did y'ou get a copy of this? MR.ROSENBERG:Yes,I did,Your Honor. THE COURT:What do you think about the possibilit' of settling this case,Mr.Rodgers?Do you think there is a possibility as far as your clients are concerned?~-tf-__M_R_._R_O_D_G_E_R_S_:Y_o_u_r_H_o_n_o_r--=-,_I_w_OU_I_d_b_e~g_l_a_d_t_o~c_o_n_f_e_r_~_-1 I with my clients to discuss it. THE COURT:Let me say this to all sides in this case before we do anything further.This matter has been goin~ on since 1969,and that's almost six years.It seems to me,with counter claims and cross claims and soforth, a five~minute recess. this case is going to go on for years in the future, would be my advice under the circumstances.We will havE We will both come up here.Perhaps f , .....", settlement? with.I think these claims ought to be washed out and settled and let each side go its respective way.That if we don't bring it to an end.And I don't think anythirg is go in.g to be gained .by protract,ed'Iitigation in this matter.I'd be appreciative if you ge~tlemen would speak with your clients and see what we can come up I'• ..If .',(I"~,It-f~o~.ld:rY~,~,,'a~t6rneys·Fbnfer with each,,:--,·\l~.f•.;;'~..;.......1.•.'_..J.,.A:._~.~.~if r".'t t.,"l'f·a~....'l.~~-~--i'-'.,~~-- other and see if jou arrived at any type of possible MR.ROSENBERG: THE COURT:··~:.~I :·~':";;~:W01pld.~y"ou want to make a statement,onE of you gentlemen,either one of you? ,.,11'1".,...,rf_-'I J I ~I .1 ('i;,t MR.ROSENBERG:'fj~,-We h~~e,Your Honor. :!:z 0(>oJ>IIIZZ \&Ia. i0l-e>z J:III0(~ ...:u itI-III0 oJ~U 0:J.,, :t.. fr-oN,'1 iiill:\&Il-ll:0a.III Il: l-ll::J0 U oJ 0( uii:II.0 ,II '. we can dictate this together.We would do it by stipulat on. THE COURT: MR.ROSENBERG: And I will approve it if it's proper. If the Court please,it is hereby stipllated by and between Samuel Botton,Executor of the estate of Rocco Bottpn,also known as Rocco Button,and Marie M. r----------,rr----------------------------------------.----.-. .... Selvaski and Charles Selvoski,her husband,that the aforesaid estate shall release Marie M.Selvoski and Charles Selvoski of any and all claims whatsoever;and that Marie M.Selvoski and Charles Selvoski,her husband,'. shall release the said estate from any and all claims deceased? Are you willing to go along with this and try to settle Rodgers,that they are willing to release any claims that they might have against the Estate of Rocco Botton, Mr.Botton,are you willing to go alan Is Mrs.Lerum in the Courtroom? Yes. Is it stipulated by your people,Mr. or other partie~)'including the children of Mr.and Mrs. i •..+~-. /.~j Selvoski and including Mrs.,Fldrence Lerum.In other~."t J..•l ''t"f '"f...• ~~'-...words,the intention here is to completely resolve this "t.-~...,. dispute and m~t~,larly'~e'le~s'e'\claims agains t each other. whatsoever. this case? MRS.LERUM: THE COURT: THE COURT: MR.RODGERS:I;Yes,Your Honor:I 'think it should be ,.I .}.'~"J .',.,'~..;:~.'..'>I'•".1"',unaelstoo~.:t:rar(this··stii)1ilation,~'a,ls6'/ext'Em·dsto any hei s ..}t"-.;............~....~ THE COURT: iiiII:III t-o::oII.III 0:: t-o:: ::IoU -I 0( u ii:lLo :!:z 0( ~>IIIZZ IIIII. iot-elZ :tIII0(~ ..=!:!0::Iiii5 -I0( ui5::I., :tI-.... N .. with this? MR.BOTTON:Yes. THE COURT:Mrs.Selvoski,areyou willing to go alDng and try to get this case settled in accordance with the attorneys? ", • •1 ",'..,.~....f,.,.I r-'~'f'...'.',I •(~.,Ii I . 5 " MRS.SELVOSKI: THE COURT: MR.SEDVOSKI: I • .. .....'. 1;,>J '" Yes. And Mr~Selvoski?j ~.. ..,." Yes. THE COURT: ,,,;,",'6;:. f ·t •\•"~It seem's that all the parties are in agreement and for the sake of the reco~d,do we have any other relatives here?~z0( ~>-IIIZZ1&1II. MRS.BERGMANN: THE COURT: Mr s .B'er:gm:a:nn . You are a daughter of'Mr.Botton. i~MRS.BERGMANN: z ~THE COURT:0(~ Yes. There is nobody other than the three or Executor of the Estate of'Rocco Botton,Sam Botton, is releasing any claim that he might have against Marie Mr.Selvoski and/or her husband,Charles Selvoski.Is it,everybody involved here is the Selvoskr's on one hand,that is to say Marie Selvoski and Charles Selvoski, ate releasing all their claim to any monies that they might have against the estate of Rocco Botton and vice versa;;Mrs.Florence Lerum and the Administrator ..:u tt:t-IIIo oJ~Uo:l., :t l-I'N iiitt: IIJl-tt:oII.IIJtt: l-tt: :loU oJ-<u b:lLo of you . MRS.BERGMANN: THE COURT: that correct? MR.ROSENBERG: THE COURT: No. Under these circumstances,as I understand That is correct. With that understanding,the Court will approVe this settlement and will order the audit of this matter as,far as these claims are concerned closed. --~~~~~~~-..--~~~~~~~~~~~-_.__.-r ---------~~~~~~~~~~~~~~--- I ...._',..t 0,,• ,.,'4 "f ),'.,!I . I i0,J '. Stenhgxapher1's Certificate I hereby certify that the proceedings and evidence ) ~z0(~>IIIZ Z IIIll. iol-e>z :tIII 0('~ ..:u a:I-IIICi •oJ 0( U o ::J.., :tI-,.. (II uia: IIII-a:oD- IIIa: I-a:::Jo U oJ 0( uii:II.o are contained fUlly and accurately in the notes taken by me on the hearing of-the above cause,and that this copy is a correct transcript of the same. 0t:lCia~StenOgraPher Certificate of Hearing Judge The foregoing record of the proceedings upon the hearing of the above cause lS hereby approved and directed to be filed. By the Court, ~r~~a:uJX:iJriJri6ns;J:: I i IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: ESTATE OF: ROCCO BUTTON,a/k/a ROCCO BOTTON, DECEASED. ) ( ) ( ) (No.907 of 1969 )(63-69-907) ( ) PETITION FOR CITATION OF MARIE M.SELVOSKI TO FILE AN ACCOUNT IN THE ABOVE ENTITLED ESTATE 'AND NOW,comes your Petitioner,SAMUEL BOTTON,Executor of the Estate of Rocco Botton,'a/k/a Rocco Button,Deceased,and states as follows: 1.That your Petitioner is the Executor of the Estate of Recco Botton,a/k/a Rocco Butten,Deceased,and was so appoint- ed by the Register of Wills of Washington County,Pennsylvania, on January 15,1975. 2.That prior to your Petitioner's appointment,Marie M.Selvoski was acting as Executrix of the aforesaid estate,and did as said Executrix procure certain assets of the decedent and allegedly made certain payments out of the assets of the debts ef the estate during the period after she was appointed to act as Executrix in said Estate. 3.That the said Marie M.Selvoski was removed as Executrix of the said estate in an Opinion filed by the Supreme Court of Pennsylvania on November 22,1974.A copy of the Opinion is attached hereto,made a part hereof and marked Exhibit 4.That on December 27,1974,your Petitioner's Attorneys notified the said Marie M.Selvoski and her Attorney requesting that she file a complete accounting of the income, expenditures,and present balances within fifteen ;(15)days of receipt of the said letter.A copy of the said letter is attache< hereto,made a part hereof,and market Exhibit "B". 5.That your Petitioner avers that the said notice was received by Marie-M.Selvoski and her attorney,John Bell. -6.That your Petitioner further avers that no account- ing was filed by the said Marie M.Selvoski,as requested. WHEREFORE,your Petitioner moves your Honorable Court to issue a Rule to show cause why the said Marie'M.Selvoski should not file an accounting as Executrix of the Estate of Rocco Button,a/k/a Rocco Botton,Deceased,as requested. Respectfully submitted, BLOOM,BLOOM,ROSENBERG &BLOOM BYJerS~~ Attorneys for t~ j -2- COMMONWEALTH OF PENNSYLVANIA ) (SS: COUNTY OF WASHINGTON ) Personally appeared before me,the undersigned auth0rity, SAMUEL BOTTON,who being duly Sworn,according to law,deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge,information and belief. ~..=Samuel Botton Sworn to and subscribed /;d..before me this I b day of January,1975. ROW~E ,EBELING,NOTARY PU8~ My Co.mmISS/Oll Expires f,,:mulry 8,1977 WashlOgton,WaslJingtonCounty,Penna; \..'. J •. r •iV'''' '.¥/ ~.;.. ·,'I , IN THE SUPREHE COURT OF PENNS'x"LV,ANIA liTes tern Distric t IN RI:.:E~H'!~TE OF ROCCO ·BUTTON;;81 kl~ROCCO '..,BOT'1'ON ;JDECJU{,SED .;.::,.,AppeB L of F lorenc~'I..erwJ!:. Viola M..B~rg~3nn and ''':'~'Saml1iel Botton ,,"Jan~a~y~24,1973Entered: Appe21 fx~n Decree of Court of Common Pleas~Orphans' COUl:t Division,lJashi.ngton County,No&907 of 1969 •" •• "" .. "·.. ·a ·..·• ,,.o <o~ I.., \. .'.'0,:;-, Co Jo ,..~'.. Ro~co Botton died on August 8,1969,aurvived by oNoda~ghter~ ., ·.pectively" ,., Marie Sel~oski and Cb~rles Selvoaki p Jr o ,ner hU8band ~.. .,'(who ~}(c-re n.ot:related in any m~nl1£'r to deceased)11 prese~1ted for pro<=>,'., c,tite····ro·.the .Regi.ster of Hills of Washi.ngton County an alleged will'''.. Under the provisions of executed by deceased on March 21,1969$I and the Regi~ter ,.-. ~.... ?tots 'Will ~de(;ea8€~left $1.,00 tto each of his three children,'beque.sth~d.".the . ",the r.~$idue of 'hi8'estgtt~to/three minor children of th~~lvoskis and dfter a h~aring at which iBfHte de'liBQlvi t 'Ie1~~__~~?~:II _.._~,.. , PETITIONER I S EXHIB,IT "A II I ....--'--~-:--'''''''''-'''_~''''''''''''---''''''''-'''>--_'_'_.'''~''-'-''''''~~---'''''''''---''''-_.-..."'-'.',.-~ .;"..-,.,.~'.'-'~,."'"......'.---__"--................""".-'__•.;.................,J.;L..'"__::..:...~_~.... .".'.'.\ .' ••j ",(334.",2].. •;:..1', ...l .'."'/., ,.\'.The pa~tles to tIlls appeo~agree that deceased did execute Hm1ever~appellants allege ~1at at the t~~the~~it1ng M1.S execuoted by deceased,his physical mld rnenttl.l cO'ncl1t1on had been .gl"t'!.vely impaired by illness and infirmity,that he lack~d:testa.- :.mJenf;ary capacityJ and tha't the wl"iting "Jan procured by undue inca ",::fluenee,duress and cOl:lstraint practiced upon the dec~~ased by the ..,'.' ..'..;', l·fa,rch 1909 until August 8"1969$the date of"his dea.tho ..f. The .issues before this Court are whether th~:ev1dence before ~,I -~,,. .,:it ·,: '~. the cha."lcel1o~sustained the findings tha.t deceased at the time of the .", .'WTiting9 S execution tme of sound l'ilind a..~d capable of disposing of his . ."'. .~a"",-;' lr.-· ::,;.estate by td.ll snd that "the l'J'riting wa.s not procured 'by the'undue ina> ··.·i·."';1;-': fluence of the Selvoskis 0 .' 10 ...""-"itmatbe pointed out the deceased had had So savings account t,;)tallng $23,561005 in the Mellon ~Iational Barlk and Trust Compan;y in -the na..mes of himself'and l"l,.is daughter!J Flol·Emce·Lerumo -\On April 1,.1969~the dey after .he he,d executed the alleged 'W~1l.9 th'~deceased~accO!{lPanied by Marie Selvoslti,W'el'lt to the bank~ .closed'00'(;.his saVings account and tl'ansf'erred the ani.tire baJ.ance to a new a<:count entitled ICRooco Bottcm in trust for 11arle Mo Bel'\rosid 0 n In (!"separc,te proceeding in the Orpl1.~S8 C:ourt Division' ar the Court of COWJ11l.m Pleas of t'1ash:Lngton Coun'cy ~thE~t1tle to this banlt account -vtalJ c.t issue0 After a hearing,the cOU'Tt directed that the .full amount of"the savings account T:Thich had been '!.dthdralffl .\by ~~ie Selvoslti ertel'the deceasedQsdeath should be returned to .!.'the banlt and pla.ced in the naule of deceased and Florence'I.erumo r:In reaching its deteTiTl-:!~natio.n the c()'Urt held,~lte;t'"afJJl: .~•'.j''.'..'.';.'.1 .-•. "The'hearing jUdge unlwsita.tingly concludes. t..'tla:t:tl1eI"e exiat.ed a.confidential relation... .ship,be'tt'leen Ro<~co Botton and !ft..a.rie I,L,; Selvosk:to H~''las untutored"could not . read or "V·ir!tE:(except.to sign his name)~ spolce brolt€:n English 'Wrlth c1:ifficulty,was aged$lnfirm:;and in very pOOl"p!l.ysical con.." dition"had no on~to turn to for advice or assistance "lhile liv1.ng a;c the home of l·1&rio Selvoski aft~~r Februa:ty 1;19690 n .•' .'lfhe cou:;:<>t 1~ea80ned -eMi;r/taTie Selvask!h.'l.d not sus·to.ined her'burden of'1'7.'0'0:('to Shovi donat1.ve intent on the part o:l:"the df~ceasedo Coosa"'" quentl~?~tfi..e purported tZ'fu"1sfer of "iha sa\il,ngs accourrt t'las inva.lid0 / ,We af·:r:irt:'1~d.that deCI"eH :1.n.Button Estate,s'445 P;:Lo 609:)284 Ao 2d 501 (1971)0 :" ~,.. ------------------c-------------c----------------,,,....----------..., ,.'.-..'.'- """ .,\~ ".;-I; ~..'. His ti:n:~e children '-..- II were m~rried ~nd resided 8~3rt from th~ir f8thero In his l~ter year8~ I deceased occupied only 8 portion of his farmhouge and l~ased the re$m"in~er,0"""the y"ars,to """ious persons,including !>Irs.S21lioski's. ! parl!:o.ta,~ ....., In late 1968 9 after one st!ch ,be placed in ~county "poor horoe lJ u .,-~"~.' ~'. ,:.in Mtf2rch 1969,Rocco Botton did not return to either his SOllo S or his ~,. ';fri~nd's hQ~but ~ent to live at t~e Selvoakis where Mr.ao Salvoski.. :locked after bimge~:r.ei!llyo the Selvoak:L home~eitht2:I'Hxo or Mt'so Selvoski mn'lfl.ally r~ll1Sin~~in 2 tnt;:room sndll i.n f~ct~e.ttempt.:ed to limit dece.£H':5itH:l v8 conversati.on" '2:-----~-'-(~~~ca__;_r;~';1hen N:tso l~rr:illl"d~ce£i81E'd @s da~ght~r iI ..",::-.,,,~&>,.."t-('rl~"q.o1 '11......1.1-1;·..L.:O""~~....o~<'->a"""'-.....,..f'".s·h...,....\\'-'""';'1">~,,,,,,.-':(i!z.".r-o.}<..,,i(l@'O'".~"...~I'u I:.-~J r....~'l_"""_'".",<.....fl."......._,-,v..J.(;:)~_U •..;.a..."'.""......-,;".......<;:,.~.,,-....li.~<••""u..._~¢\\"..." !1anor)~n fl!'gUt£VP.::'i\t;~.:.~rose lo the COl1r.ti;e of which ~£aZ"ira SelvoSlki ~trVld~lztr ~.LertJ1t:and oYde:red h0lr (to l?'11l.:zE!th~hCl3820 141 con... &.•'•. '..' /1 . .findings of the Orpha..t1S'CCiUrt judge,'t-IDO heard the testimony \'11thoutr. ,a.jury1J are entitled to the 't'Jeight of a Jury t a verdict and are "',f " ;:.trOl1'J..ng upon us 0 • •.".!:'.aSC1M~.!O1m,!,392 Pe..362.367, I . 3~o-'--~Tli::::::ll~r~S-p""fiY-·~sYcal (and its attendant mentoJ.)deterioration· /is evident from a brief consideration of Rocco Botton.t s medica.l i h1story'0 \Dt.~cec1ent 'tiJas first ad:mltted to the hc:spital in 1967 .suffering fram an occu~~tianal lung disease and bronchial ....:··pneumonia~the final diagnosis of l1is condition being pne~ eonioslst.chronic lung disease o.nd pneumonia of:the right lcrder ,lobe of the lunc;c.lilian admitted to the hospit~,l in late 1968, deceased had arteriosclerosis,heart disease~c~ngestive heart failure and pulmonary emprqsema,symptomized by shortness of breath and dro'Osyo The records for deceasedi a hoop!tal s·tay •.during July 19f;8 evidenc~early indications of mental det~:.n..iora~ t1000 While hospita.lized at this time M.To Botton ",me·occasionally .confused:;pulled out the intravenous needles several times)and attempted to le8.ve his 'b~d so often that he ~'aS placed in restraintso ,.When adraitted to the hospital in Feb!'UM'"",f 1969 deceased 'Was .aga.in diagnosed as suffering from a:rterioscleros:ta W'"hd congestiva .heart fe..ilure 0 l-1hile .hospitalized he also suffered a,gall bladder .attacltco D'tlring this stayfJ according to -the tSEltimon:}r of Dr0 John J 0 Donees!and the hospital records~deceased tw.s again disoriented at tiraes;)D2"'')Donees!'testified that he 't'ttl.S sUj('a deceased "had periods \'Jhen he had episodes \'lhich aTe characterizecl as chl'o:r.d,c brain s:\-'1le>drome~U that there 1-lere times ~'1hen deceas.ed 't1f9,S incQ:1.ipete:n:"G and that" when :'tn a 8'~te of'conftlsion,9 he had an irapalrment of'jud@.71en't e / .'"'---~'~--~--'~-:-~'-''''.------------~..~.-, .-'; :.. .J i .•"..':'r , • ":1" ,', ".'[334-5] Such f'illdings should stand unless the' errol'of 1&\'1 't'ih1ch ccmtrolled the OlttCO!n€l of the ea,se Cl Prot:vnia..'tt.....C11..ltII<~ :'~!!~4'21 Pa,9 524,532~235 1\.0 2d 3·r2~311 (1967);~:.r!.J~il!, 415 p",~o 197,201~202 Afl2d 827s 830 (19$4);!i:tlliams V'..Ilccarrol1 ".~:,; "~374 Pa~281J~99,97 Au 2d 14,22 (1953}o 'pet:ttion 'foran.'issue .£ov,of1...o*,Judge Marino statedg ",:~.r Ii .~.' ,",'uWhel"'e a gift is made by will to one standing in a eOl1fidential relation,(4] "che burden of disproving u:ndue influence 1snot placed upon the beneficiary named in the 'tdll....'..0",' :"".,..'.."<~:This statement of the 18.w is co.rl"ect &~d"stands as a corollary to ' •.:'t ••~.~. "!,:",~,th~'be..sie rul~tha.t undue 1:riluence must be ~~monstre.tadby'the party .~1.1eg1ng it~§~~»!:!E!:.w.!alL:E~~~j;~~1~21 Ps...524;;235,A~2d 372 "','(1951)>>~'1.d !Y:~~m$365 ~o 381~"'5 Ao 2d599 (1950)<)A'c:on"". ,,:;".-.~.i '"', :/.fidential,.....alat:1o)Jship~i!L~i.S~is irssu.tfic:t~nt to shift the..;'";;5 b'U~den of proof'of undua influence 0 Likel.rl.f5a»debility crf'rond.;~ ,";, ,.~-,.Contlde"n~tral relationship haa been defined b~t our cOU!"t .'i '~,8 the relationship ~:h.ich exist3 tiYhenever "the circumstances make i'1t certain -eM parties do not deal on equal te~:J'bu.t!l 0A"'1 the one ..'side there is an overmastering influence:J CI'.e~on the,01;007"B we~.k... ,neBS:,de~nd~nca ortruat,justifiably reposed [for]in both ."[situe"tions]an ur!fair advan-'c.age is posai'bleoIf Leedom.Vo Pa.lmer,.~!214 PaH)22»25»117 A~1.~10$(l~~l.i oU,2],ed,.:h'll'1cClatcl1Y.Estate,i "433 Pa"2321.237,249 lto 2d 320.fJ ~22 {19~J;ear-sun Esiiate,431 Pac>311~317.\1 245,Ao 2d 859 \(,u2 (1960);Thompson 1'1111,38?'Pac 82,88,9 126'A"2d 740~744 (195l);'Uil1iaJrAS VQ l:'fcCa.!'l"oll,374 Pao ~B1J 2gl~$ 91 A Q 2d 14,20 (1953);1L:1A1'i.Oerg VI>Da:rsl~b 355 Pa ..462,465=6b~50 A o2d 345»(1947)co <'e.,'... ~See Koone?a Estate"293 Pal)465~469~143 lio 125$(1928)g [rJhel"e]tlisra \>-:8..$no proo;f'ot extrette 1n.firm1:ty or menta.!weakness j the c(n:1fiden:t1al relation did not chtim~e the burden of proof0 ff See ~E.2.B"1.lechley'g Eata:t:e 9 2"r8 Pa.o 227,229,122 Ao 287.9 .(1923);. Gc:.mge.:wa,rs VQ Donehoo..,255 Pa"50'2,508.9 100 ito 26J.j.»(~91'7)0 . {, .~,'-~ •'..........,_......~•~••_.......w..._~...._.'"__'._.~..__"";.'_'....__A~..............:__•••,,_._••_.~."-"~-.••~-_--.:..-;........-.~._'""-....._"""-..~..._.."-_...~~-;--.,_.__.._"~-'_.-"".....---'---_--..~_.~-_..-. ..... I ".'.'i :.t' ".not ,shift the burdeno ~t...aj'l~~l~Th.%.m:ltb\1,418 Pao ~36.9 248 no 20i :;'250$210 A o 2d 246l'1 253 nil 20,25}~·(~965);Jte:r::t_v..2 ..O~~oy"!u,9 '389 PQl.o 614~627"134 At)2d 213,218 (1951)e Howav'er"tie have consistently m.a1ntained that where ua parson in a conflden'tial .t,'relationah1p ':receives the bul1t of the"0 It testator's property ,.:;~"[and]0 I)\)the testa;tor lV'a$of wea.kened int-al1ects theburdell is ....\~~.. "upo.."'l the person occupying the confidential rela'tion to prO'!!e that ,the 0 "0 bequest was the freeJ voluntary and clearly uJilderstood act lot the other party and that "the entire ·transactiono 0 0 wa.a una.ffected .",'by undue influence or imposttion or deception or fr8.ud l>"ill:Y1£¥.-":.o,, 6 ,,..!J£~~9;th 374 PaQ>a/I;295.9 9'"(Ao 2d at 210 ..' The chancellor rig..h.tly concluded that a conf"tdentia.l re'" I •,•,..,,''I.·,:~:·'::ta,ti~n.shlp existed be~-'i\:1en the de(~ea.sed and the SelvoBlds~'whose '::,'::'·t~..:re~m1n~r children would receive under the contested will practically ",;',?-tne entire probateeata.l~eo_:f3oth the appellants and appellees testified '",\',,.,~'. t¢t·he extramaly wealtened physical condition of the ds(:eased$l and ,th(}, ,,..These factors taken together shifted the burdenwoo~ned intellect<) appellants presented expert and ley opinions of the deueaaed~s. ~,.,c \> .,~., '!'~ 1 ~,;f proof -to the appellees ~&1d th~chancellor er~d WL1en he p1aead ,'ii ',.i ,"that b'U.rden on the'appellantso,!, ;'~.,'.', . ,~'.'to deIDoT.tstratethe absence of undue influence by t:laar and conv1l1eL~ ·i .. _--'-_'__:~_:"1'_~~.~~r,\': '..'. '~i-ii of the presence of the Sol'lJoskis It 'rhis evidence was ~~y tBs'i;iticd that the d,eeeased had,on occ;a,sion,spolren ;'..-,,-,,' / .:;. ....... L_... f • :;\:.)~r\· :,'"'"...'J:'~,.; e \.~t.t~: •\!~. ",i .~.'....;.'1'.'\. ,;'r'\~:',Ii ~. :-.!,~','..':'"'./,'f334-7J ,.'.',r"..'-'1(1 If.ev'1denceo"Q!F.Bh_~l§,i!l·410 Pa~455,9 471"189 Ao 2d 852;'859 •,.:)'",,(1903)0 Here;the a.pp'~:11aesf eVidence~'tlhm'l cOlrtraposed ~l:tth /'r~:,·ehE~·t presented,'by the a:I>pellants,fell far short of the character ',:~..nd degree necessary to sustain the:tl'"bUl~den.other than their ,;",.',C:tJn 1;est~imv.."'TJ~the appellees 'only offered"en the issv~e ox'undue ',\'i '.;.''j..nf ~ue:nce,the "t$st1.!Lton~r of -three persons ~-two neigl'"\borsand a•,~.!" .'allorJJ'rad the deceased to speak to vis!tors alone <>Such evidence '\<.~f·.,'',:t • /~'.' ,',;'failed t.o sat1.sfy the appellees t burden of oErhablishir.g the lack.,,,,'8 ' '.' ,',~,c£undue irAfluence I), f.. ":t ~.. , I~ ,~~.,. -.';' ,i' ,}~,~.," ,1~, r ,,l-\,I ..,,,', J," ." ,J ~• (~. './"'..', ;',.., ;..;"J !.,.~(,•,e~,;v;-....\i'1t:c'li"':ti!ri'gS,1nst a decedentvs estate eM be esta.bllshed ,~~and pr~d only b~t;ntidence t'lh;teh 1s clearJ direct,precise and .' r,c0!1vinclY'1~"n Petro voseca~JE$ta.te~1-1-03 Pao 540,51.1,3)170 Ao 2d 325!J tl 9Gl}0 ~-rfL\s 'burden requ:Lx'e$proof'g:l"'eater than a .mere .' p:reporflder!k'l").ce;l Gl:tsh T:rU13·t~1~10 Pv.o at 41151 189 A."2d at 859,but "less than b;~ond a reasonable doubt c Petro v 0 Secary Eats.te/I, '.1J,03 Pall at ::Yt3,t 170 A",2d a-t.:C). ":-,;, f,8"In 'Vievl of the lS\ppellees9 fa.ilm~to demO"ilstrate the . absence of u.~due influence$it is ur~ece3Ssry to resolve the issue of the p::cesenc~of '(;esttoJn8nts,ry capacit?J c '.-' ...-.~~',.....:"~_. '. ,I PETITIONER I S EXHIBIT "B". ~.•"J IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE:) ( ESTATE OF:) ( ROCCO BUTTON,a/k/a ) (No.907 of 1969 ROCCO BOTTON,)(63-69-907) ( DECEASED.) AND NOW, due consideration DEC R E E thisM day Of~,1975,upon of the Petition for citation it is hereby ORDERED,ADJUDGED and DECREED that a Rule be issued upon Marie M. thebe·fi1ed and --r,It.....L...'d'.A.-__d__, Se1voski to show why an accounting should not said Rule is returnable on the "It!day of 1975,at ;2 ;.eJ-1.J O'c1ock in Court Room No.Rtf1..;~and further service is to be made upon the said Marie M.Se1voski by certified Mail,Addressee Only,and upon the said Marie M. Se1voski's failure to answer said Rule,qr failure to file an accounting,the said,Marie M.Se1voski shall be declared/in fi ~ .4'//.,~#~&--f£. contempt of the Court.~~~,~~~~~y~. BY THE COURT: ." ....;,.-... .In m4t C!lourtof Ql.ommon 'ltnll of IIna4inglon Ql.ountg,Jtnnllyluunin IN RE: ESTATE OF (@~ltqttU!i'QI,nurt llJitttytnu )...) (Iff·t t·(NO. ROCCO BUTTON,a/k/a ~~t u tOU ~ ROCCO BOTTON,DECEASED)) ornmmnuUttaltl1 nf Jtnu!iyluauia ornuuty nf IIu!iqiugtnu To:MARIE M.SELVOSKI .Sur Petition of:__S_AMU__EL_B_O_T_T_O_N__~__ Q)rrrtiug: 63-69-907 -IItornmmnUlt Inu,MAR_I_E_M_._S_EL_V_O_SK_I _ 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__Tu::..::::..:e::...:s=d=a~y__,the 4th.day of---=.M=a=r-=c=h_:_ 19 75 ,at 2:00 o'c1ock~.M.,and show cause why an accounting \ -should not be filed. 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 o(our said Court, .at Washington,Penna.,the 29thday of JANUARY ,19_75 . f?lMW1f~ Clerk of the Orphans'Co~ Bloom.Bloom,Rosenberg &Bloom Esq. Attorney for Petitioner. (Seal)/ II _....._~._.~....._._-.".-_--_-=-.••._._~_"_""·..-••-_<i_7'-~__··~_.....~"'"--==c=--.=-=.....O~~••~~ IN THE COURT OF COMMON PLEAS OF IWASHINGTON COUNTY,PENNSYLVANlA ORPHANS'COURT DIVISION NO.63-69-907 }~,~ IN RE:ESTATE OF ROCCO BOTTON,a/k/a ROCCO BUTTON,Deceased. r-j j • c::4,. ,j .,........., V1 j ...,.., rr, t -;, t.rJ U::J ATTORNEY AT LAW 107 MAIN STREET JESS D.COSTA C :-::-Jc.P>':"'~7en("")l ,. \'j-:::L:-y\l 't-;;;~0 ,1,~~'\t...:'f' ~."'.- ,~ ;,1'"-.- ,-:;r-~J:.-'J, ~ <. \. " ~ lD ~ IT!tr:lz j=!-~00IT!'~-l 00 <"-<0<3::0 Ir=:!::~~.NOTICE OF CLAIM~<':-<• ~..;n )-.\"O-l-lCl ;to ~~0 "cn-l~OO W ~i>:~ IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE:ESTATE OF ) ) ROCCO BOTTON,a/k/a )NO.63-69-907 ) ROCCO BUTTON,deceased.) ~...."~.,~,~•!_ill NOTICE.OF CLAIM PURSUANT TO "SECTION 3384 OF f ""THE PROBATE,ESTATES ANn F'IDUC'IARIES CODE ,, ..'t •1" TO THE CLERK OF THE"ORPHANS'COURT: .•~,.,'t I' Enter;the claim of KENNETH V.THOMPSON FUNERAL HOME,~~. Claimant,in the amount of $~6"~_Q_;'wQ9,".against the above entitled estate.The decedent,who resided at North Bethlehem Township,washington County,Pennsylvania,died on the 8th day -of August,1969.written notice of said claim was )given to Bloom, Bloom,Rosenberg &Bloom,Attorneys at Law,'at 200 Washington Trust Building,Washington,Pennsylvania,on __ February 13,1975 • KK.N~N_E;T/HV.THOMPSON F~ERAL HOME,BY"~~;~ze:??~AYlJ 809 Main Street /C Bent1evvi11e,Penna.15314 ACCEPTANCE OF SERVICE OF NOTICE OF CLAIM BLOOM, BLOOM,ROSENBERG &BLOOM, BY fJ f\On.J?S:~) 200 Washington Trust Bldg. washington,Penna.15301 February 13th,,1975. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHA NS 1 COURT DIVISION In re: ESTATE OF ROCCO BUTTON,a/k/a ROCCO BOTTON,Deceased. ) ) )No.907 of 1969 ) ) ) PETITION AND NOW comes SAMUEL BOTTON,Executor of the Estate of Rocco Button,a/k/a Rocco Botton,and states as follows: 1.Your petitioner was appointed Executor of the ab ove captioned estate on January 15,1975. 2.By Court Order dated February 14,1972,Florence Lerum sister of your petitioner,was granted permission to withdraw from the Mellon Bank account,being Account No.619576 titled "Rocco Botton Estate and Florence Lerum"all of the funds in said account.A photostat of said Order is attached. 3.In spite of said Order,the Mellon Bank counsel,Jonathan Allison,stated in the attached letter that the bank would not permit withdrawal of all of the funds except by Order of Court. 4.On February 14,1972,pursuant to the above mentioned Court Order,$14,000 was removed from said bank account leaving a balance of $752.02. ---~------------------------ 5.Your petitioner now desires to remove the remaining part of said account so that the same may be distributed among your petitioner,Samuel Botton,Florence Lerum and Viola Berggman,sole heirs of ROcco Botton. WHEREFORE,it is respectfully requested that a Court Order be granted permitting the same. BLOOM,BLOOM,ROSENBERG &BLOOMBY~~r~······ ,; :-" ,:.~ .""".,It. ", 'NO.'901 ~of 1969 (63-69-907 ) .'," Estate,of, ROCCO .BUTTONt, ';..'.~. a/kja e ".. ) ":: "....':' "of this Court'dated April, -,"~.'.~:':',..,."'...,.. ,gran~ed :'permiss!on to:withdraw.'.,..' Melion:aank:c;~ccourit,erititled"~RoCCO Botton ",'~"~.:~'j..'t:..:~ number:619576,any or-;-"~.., ;j ,·1':If;""~.-".~. .!~,,-... '~:.'.~.'.~-' ........J 'J,-<':"•... ......",' :-;~':' ,to -i.Itunediat'elY,'release'..~.. ;. authorityfo:t. .'... ',' "". ~.,' '-." ......~. .,-.:.... ';', r,-.---.----..--.•--- c SCHMIDT &ALLISON ATTORN,EYS AT LAW 438 WASHINGTON TRUST BlJlLDING ( H'-GILMORE SCHMIDT JONATHAN ALLISON WASHINGTON,PENNA.15301 February 14,1972 TELEPHONE 225-5010 AREA CODE 412 Milton D.Rosenberg,Esquire Bloom,Bloom,Rosenberg &Bloom Washington Trust Building Washington~Pennsylvania 15301 Dear Milton: Re:Rocco Botton and Marie SelvoskiNo.907 of···1969··--.. ,~. This will confirm our telephone conference this day concerning the above captioned case and the Order of Court dated February 14,1972 reciting that the Supreme Court of Pennsylvania has upheld the decision of the Orphans' Court of Washington County,Pennsylvania,that the funds in the account es- tablished by Order of the Orphans'Court of Washington County,Pennsylvania, April 29,1971,were the property of Florence Lerum and permitting Florence Lerum to make a withdrawal from said account in the Washington Office of Mellon Bank.You have told us that it is the intent of yourself and the Court that pursuant to its Order dated February 14,1972 Florence Lerum will now withdraw $14,000 from said account which will leave a balance of some $700 in the account into which account subsequent deposits will be made of your collections from Marie Selvoski. You also told us that each time Mrs.Lerum desires to make a withdrawal you will obtain a Court Order for the reason that in the Order establishing the account dated April 29,1971 the Court froze the said account and is ordered to permit no withdrawals (plural)from the account except on further Order of Court. With this understanding the Bank can continue to administer the said account. ¥ery truly yours, JA:J ~ cc:Honorable P.V.Marino John F.Bell,Esquire Joseph H.Beile .~',.. ".. (', COMMONWEALTH OF PENNSYLVANIA) (SS: COUNTY OF WASHINGTON ) Personally appeared before me.the undersigned authority. SAMUEL BOTTON.who being duly sworn.according to law.deposesaand says that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge.information and belief. ...7 Samuel Botton Sworn to and subscribed before me this 4th day March.1975. ~~-' Notary Public 7 My Commission Expires:Feb.8.1977 ·.(. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION IN re: ESTATE OF ROCCO BUTTON,,_a/k/a ROCCO BOTTON,Deceased. ) ) )No.907 of 1969 ) ) o R D E R A ND NOW this /7 API?It day of MtH eh,1975,Samuel Botton" Executor of the Estate of Rocco Button,a/k/a Rocco Botton,is granted permission to remove from Account No.619576 the sum of $752.02 plus all accrued interest therein so that the same may be properly distributed between Samuel Botton,Florence Lerum and Viola Berggman,sole heirs of Rocco Button,a/k/a Rocco Botton.Samuel Botton,as Executor,is further granted permission to receive any inforrm.tion whatsoever from Mellon Bank relative to the above estate or accounts of the said estate. .~~( /'.~J. STATE OF PENNSYLVANIA, WASHINGTON COUNTY,}55: The within named Accountant being duly sworn according to law,depose and say that the above account as stated is true and correct as ~~verily believe. Sworn and subscribed before me this ....~.~..~... day of '!.~.~~:19 ??. ,~LL~1="..,..~~.."..=········7············· .ROWENE EBELING My Commission E .'NOTARY PUSLIC Washington w~~Jres February 8,197] ,IOgton CotIn~p Washington County,ss:!fl8IkI. ~d~------------- I do certify that I have given legal notice to all persons concerned of the filing of the within account in the manner•prescribed by Statute and Rule of Court,as evidence by proofs thereof filed to No ...&..~=.7~.:::.B..5[....., ) Witness my hand and official seal this ~.?::-:. day of ..~f'-.~s..r::-.19..7.r- -----------~~~ .' oz ...""~~. ....I0 01 ....d ~!::l()i 0 H!()i CJC)01 <Q P::i +J: ::l)iNIU!u ~~..........!OJ!:~r;:,;'::i .;Xi0..........!'O!lili 1"-L ~!ri1 lUi OJi Eo<Ul!oj ~<..:lUi Zi :~:Eo<z!OJi OiU2Oio!1:-1:ri1 1:-11 OJ:E-ii ~I:-li Qj 0:~0;~~i ..: z!Hi ~:oi Oi JJ::li()i I:-Il ~:()!1:-1:0,::>i ~P::i ~!~ r"l,''',,'j ,rio"~...{r JPl!-;'{to'.'l _.J ,J.j,t .. UNO ,/ILLS Ct .•PA. @ ....c.5 0 .....0-........Hi d::l ~i2 I'vJII0O~Co)id OJ ~~c.(li 5 1',).<:l :", \I\!....:'" 0 ...01<.~~i ....OJ p:::... 'C 0 JJ::l:0'....~OJ 0 ~!>.....d :§z,OJ~OJ'"....JJ::l:dOJ....:......0 U):0 "'"~oi~....ri1 P::i<t 'J-.-d ~:::l 'C0d ..:'"c(S ~i~!'"c(S ...oi \JdOJ....Oi:8 I'l '""'-.J .....S 'b1J Hi.~.~OJ ~:~~0 OJ El ...:.....<:l ...ii:~;;::~i0d01d0'"Oi'C ...Hid'"<0 ~:......... ~.•..'--.".~ J• ",:...,_... ., Or " '. • .1 --" .' -.. I \, -J • / The Court is respectfully requested to determine proper distribution in this estate. BLOOM,BLOOM,ROSENBERG &BLOOM By ~c4 Counsel for Accountant ~;re--L FIRST AND FINAL ACCOUNT OF SAMUEL BOTTON,EXECUTOR, ESTATE OF ROCCO BOTTON,a/k/a ROCCO BUTTON,DECEASED The Accountant is charged with the following: Per Inventory and Appraisement •.•••••.••••••••••••••••$40,OOO.OO TOTAL ASSETS OF SAID ESTATE ••••••••••••••••••••••••••$40,OOO.OO TOTAL CREDITS CLAIMED BY THE ACCOUNTANT ••••••••••••••17,611.92 BALANCE FOR DISTRIBUTION•••••••••••••••••••••••••••••$22,388.08 The Accountant is credited with the following: Bloom,Bloom,Rosenberg &Bloom Attorneys'Fee and costs $12,000.00 Russell -Marino,Register washington county Reports Observer Publishing Co. Kenneth V.Thompson Funeral Home Bonogolie Russell Marino,Register Russell Marino,Register Russell Marino,Register washington County Tax Claim Bureau Letters Testamentary Advertising Estate Advertising Estate Funeral Expenses Grocery bill Filing Inventory Balance due on Letters Filing Account Liened Taxes 11.50 16.00 16.00 2,620.00 17.00 3.00 9.00 100.00 2.055.18 Total ................................................•$16,847.6E paYment on pennsylvania Transfer Inheritance Tax 764.24 Total $17,611.92 r---------------------------------------------------~- ®bseruer ~l\eporter WASHINGTON,PENNSYLVANIA PROOF OF PUBLICATION ~.... " In compliance with the Newspaper Advertising Act of 16 May,192'9, P.L.1784,as amended. Commonwealth of Pennsylvania,County of Washington,SS: Personally appeared before me,a Notary Public in and for said County and State,.....RJg.h9.-.~q ....$.~~.~~~G.Q.w.C3,J:1 ...~~~.....~.~,who being duly swJrn ....Vice Presidentaccordmgtolaw,deposes and says that he IS the ~~~~~~~~..~~~~~~~~~.~~,~~..~~~~~.~.~ of the Observer Publishing Company,a Pennsylvania corporation and its agent in this behalf;that the said Company is the owner and publisher of the Observer-Reporter,successor to The \Vashington Observer,established September 18,1871,and The \Vashington Reporter,established August 15, 1808,a daily newspaper of general circulation,printed and published and having its place of lJUsiness at Washington,Washington County,Pennsyl- vania,where it or its predecessors have been established and published continuously for more than six months prior to the publication of the notice hereto attached;that the printed notice or advertisement hereto attached is a copy of an official advertisement,official notice;legal notice or legal advertisement,exactly as printed or published in the Observer-Reporter in its regular editions on the following date or dates;~~.~.~~~~ ......~~~~~~~~~.~~~~~~..J an~~.2.5..,~Feb l ..,~~8.~,1.9..7.5 ~~~,.~~.,.. that neither the affiant nor the Observer Publishing Company is interested in the subject matter of said notice or advertising and that all of the allega- ~i~enStr~~.thiS affidavit as to ~.11~..t.I:.~:m~:~2~:: Sworn to and subscribed before me this~,J9......day Of...X.E:!l::>...J.~.7.5..~~~w..~~~~. EDiTI-I w.SAi1C[:;S,r:OT;RY PUBLIC Washington,Vlasnin,~ton Co.,Pa. My Commission Expires February 14,1977 EXEcufoR'S'N.o tP. I ESTATEOF ROCC9'BO ,I a.k.a'ROCCO-'fB}!! deceased,,lale"jgt", 'Bethlehem ",T:o'Y"flWils~ington County,,Pern Letters Testamentary ~ ab:>ve estate having bee!'),', to the undersigne.cl,~,ltl1aiiingclaimSaga,"nst,J,~e are requested to ''P;!i,~e!Kn "lie same to the undJ~J,sJg)lEAc;t~r.sattorneyandallp.ersons;ljjQ~_.? to the decede(lt ~xe,.~~a,J9 make paymel]ttgrh;'f~'r~~nedWit,o,?df:T~~~i~~ BLOOM~iBLOOM,'!'i '.. ROSEN BERG '&'iiBi;OO~Attorrieysft,~.,\,~ 200 Wa'shington'i1)~ust ~dg. Washington,Pa,l,153011______-.__L2,S«2.J.8 Washington County Reports Washington,Pennsylvania (PUBL.ISHED 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}88. STATE OF PENNSYLVANIA Personally appeared before me.a Notary Public in and for said County and Commonwealth,CHARLES C.KELLER,who.being duly sworn.deposesandsays: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 COUNTYREPORTS 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: January 30,1975 ...................f.~.1?f~.~.;:y f?!.~."'!.?..?.~. Estate NotIces The Register of WiHs has granted letters.testamentary or of administration. in the following estates.Notice is hereby given to all persons indebted thereto to make payment without delay and to those having claims or demands to present them for settlement to the Executors or Administrators or their Attorneys. • • • •••• ••••• • • • •• BOTTON,ROCCO,a/k/a ROCCO BUTTON, .Dec'd.• .late of North.Bethl.ehem Township,Wash- ington County,Penna.. Executor:Samuel Botton,428 Fourth Street,.. N.Charleroi,Pa.15022 . Attorneys:Bloom, Bloom,Rosenberg and Bloom,200 Washington Trust Bldg.,Wash- ington,Pa.15301 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 ~''':'~of"'""'''',''''..to th,~--7!lpu~ Sworn to and subscribed befor:"~""'~~"'=~ ·ri~·~~daY .Of fe..J1~T;.Y.19 7..~; ~z.(~~t;'-' ;JOSEPHINE T.SC',~'~,""!N)\ Notary Public,W8sl1in"':::J'1,:.;·ton Co. My Commissicn Expir..3 J",i.1978 .' In tltt <!tnurt nf <!tnmmnn 'Itas nf lIus4ingtnn <!tnuuty, 'tnusylnnnin <Orp4nns9 <!tnurt iinisinn ESTATE OF ROCCO BOTTON a/k/a ROCCO BUTTON, Deceased N 63-69-907o._~--=~....::.-::.....:...._ In the matter of the,_~F.=.i.:t..r.:::!.s..:::t~a;,.:.:n:...:::d:.........:.F...;;:i;.:.n.:.::a::.;:l~ Accountof Samuel Botton, "Executor ADJUDICATION AND DECREE 2·r ,:f",--It I ~...t An now December I Z --,19.1L,this matterlc~me on 'for hearing, o'udit and distribution of this session and testimony taken;and thereupon,upon due ~onsideration thereof of the balance for distribution in the hands of the Accountant is dete'rmined to-be $22,]89 .76 and the account is accordinglyconfirmed;and it"is ordered, adjl:Jdged and decreed that the said balance be paid out by the Accountant in accordance with the schedule of distribution hereto attached and made a part hereof,unless exceptions hereto,be filed sec.'reg.or an appeal be taken herefrom sec.leg.-"',·"" ~~.../~Z./"/<.----/'"~--p":-'::/.~";~~~d~('""J. SCHEDULE OF DISTRIBUTION -Audit Balance per account '--;--_"I Additional Debit Additional Credits -Audit Balance:1 Deduct Clerk's Costs &Receipt;;>..s .---=-1 Attorney_--=:B-=l-"'o'""'o'-'-'m'-l,~B"'_'l='=_'o~o"'"'m""'_.L,--:..:R~o..::s'""'e:.:..n~b:..:e~r:...:g:1--&=__.:::B_=l~o~o..:.:.m=----1 Recorder of Deeds,Recording Certification of Real Estate Russell Marino,Agent,Balance of Transfer Inheritance Tax 49.08 Interest to January 8,1976 15.21 2,620.00 2,818.32 9.5C 64.2<; $22,388.08 25,008.08 22,115.97 Contribution by heirs to maintain real estate in kind Viola Botton Bergmann,daughter,1/3 undivided interest in real estate at appraised value .". Florence Botton Lerum,dau~hter,1/3 undivided interest in real estate at appraised value Samuel Botton,son,1/3 undivided interest in real estate at appraised value 17,884.0 13,333.3 13,333.3 13,333.3£ 40,000.00 26,666.67 13,333.34 NO BALANCE ..•'"f " ) '. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION ******************************************* IN·RE:)No.63-69-907 ) ESTATE OF:)In The Matter Of The ) ROCCO BOTTON;a/k/a )FIRST AND FINAL ACCOUNT ) ROCCO BUTTON,DECEASED.)Of SAMUEL BOTTON,.EXECUTOR. ******************************************* ADJUDICATION AND DECREE a n d SCHEDULE OF DISTRIBUTION Dated Filed ******************************************* INCLUDING THE FOLLOWING, • .• , \ REAL ESTATE TO BE CERTIFIED TO THE RECORDER OF DEEDS OF WA SHINGTON COUNTY BY THE CLERK OF THE ORPHANS'COURT DIVISION ROCCO BOTTON,also known as ROCCO BUTTON,Devisor,to VIOLA BOTTON BERGMANN,FLORENCE BOTTON I,.ERUM and SAMUEL BOTTON, Devisees,all the right,title,and interest of the Devisor, in and to: ALL that certain tract or parcel of land with the nessuages or tenements thereon erected situate,lying and being in the Township of North Bethlehem,County of Washington,and Common- wealth of Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a black oak,corner of land now or formerly of A.J.Dague and Joseph Henderson~thence by land of said A.J. Dague,South seventy-three degrees,fifty-two minutes East (S 73°52'E)eight hundred ninety-one (891)feet to a stake; thence South forty-seven degrees fifty-two minutes East (S 47°52'E) one thousand nine hundred sixty-one and eighty-five hundredths (1961.85)feet to a locust stake;thence by land now or formerly of George Amos,North eighty-four degrees East (N 84°E)two hundred one and three tenths (201.3)feet;thence South seventeen degrees E~st (S l7°E)one thousand five hundred sixty-seven and five tenths (1567.5)feet to a stake;thence by land now or formerly of Henry Huffman,South seventy-four degrees West (S 74°W)two thousand one hundred sixty-nine and seventy-five hundredths (2169.75)feet;thence North sixty-three degrees West (N 63°W) two hundred sixty-four (264)feet to a point .in the middl.e of National pike;thence North seventy-four degrees fifteen minutes West·(N .740 .15'W)seven hundred fifty-four.and five hundredths (754.05)feet to a point.on South side of National.Pike;thence ..'\,"...,~~........--.r. \. J:.,< North,forty-one degrees thirty minutes West (N 41°30'W)three hundred eighty-four and forty-five hundredths (384.45)feet to a point in said pike;thence North thirty-nine degrees fifteen minutes West (N 39°IS'W)one thousand twenty-three (1023.00) feet to a point in middle of National pike;thence North thirty- five degrees West (N 35°W)two hundred sixty-four (264)feet to a point in middle of National pike;thence North twenty-four degrees West (N 24°W)one hundred forty-eight and five tenths (148.5)feet to a stake on North side of Pike;thence by lands of Joseph Henderson North thirty-two degrees thirty minutes East (N 32°30'E)two thousand two hundred twenty-three and thirty";' eight hundredths (2223.38)feet to the place of beginning.Con- taining two hundred fourteen and fifteen hundredths (214.15) acr'es':. EXCEPTING AND RESERVING,from the above described premises,a tract of land containing 4.772 acres conveyed by J.W. Shidler and Nancy Shidler,his wife,to T.M.VanDyke,by deed dated June 11,1937,and recorded in the Office for the Recording of Deeds in and for Washington County,Pennsylvania,in Deed Book 614,Page 607. EXCEPTING AND RESERVING nevertheless all the Pittsburgh Seam or'River Vein of coal and all coal and other minerals under- neath the:Pittsburgh seam of coal in and under said land and such other express reservations and exceptions as are fully set out in the Deed from the Bethlehem Cuba Iron Mines Company to J.W.Shidler and Nancy Shidler,his wife,dated May 24,1937,and recorded in the Office for the Recording of Deeds in and for Washington County,pennsylvania,in Deed Book 614,Page 349 •• EXCEPTING AND RESERVING also to Joseph W.Shidler,his heirs,successors and assigns,a right of way along Route #40 granting them the privilege and authority to construct,recon- -r-.....,......~-. "" struct,operate and maintain telephone and telegraph lines, consisting of such poles,wires,cables,guys,anchors,conduits, manholes and other fixtures and appurtenances as may from time to time be required over and or under the said land,also to trim and keep trimmed all trees along the said property so as to clear by at least three (3)feet the cross arms,cables and wires now or hereafter placed on poles now erected or to be erected upon or along said property. BEING the same tract or parcel of land conveyed by Deed of Joseph W.Shidler,et ux.,et aI.,to Rocco Button dated September 8,1938,and of record in the Office of the Recorder of Deeds of Washington County,pennsylvania,in Deed Book Volume 624,Page 125.The said Rocco Botton died testate on July 17, 1975,and Letters Testamentary on his estate were granted to Samuel Botton,Exeuctor,on January ,15,1975 •.';!'"".~~(.. • .J:• ,l N<:'tHE .dOt:TRT.OFCOMMON'PLEAS F·WASHINGTON COUNTY,'PENNA. ORPHANS'COURT DIVISION C.·907 of 1969 (63-69-9.07) ROCCO BUTTON,a/k/a ROCCO BOTTON,Deceased. '"'i_1 CJ'1 c:..... J":"'"'=>.;;",:'1I: '_/,,7 ;;:;:;J r C') :::J r:'1 (f)t.J:::c -..,--ee"'> -.;:J, WASHINGTON.PENNSYL.VANIA 15301 "ANSWER:TOPETITION NEW'MATTER 'AN.D'COUNTER-CLAIM~.. ~;~. 'If"',! SAMUEL L.RODGERS ATTORNEV AT LAW 63 S.MAIN STREET WASHINGTON.PA. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE:) ) ESTATE OF:)No.907 of 1969 )(63-69-907) ROCCO BUTTON,a/k/a ) ROCCO BOTTON,Deceased.) ANSWER TO PETITION FOR CITATION OF MARIE M.SELVOSKI TO FILE AN ACCOUNT IN THE 'ABOVE ENTITLED ESTATE 1.Admitted. 2.Admitted in part and denied i~part.The only "proper assets in the Estate of Rocco Botton,deceased,was a farm in North Bethlehem Township,Washington County,Pennsylvania, a black lung benefit in the amount of $1,860.40,and three shares of stock in the Western Farmers Co-Operative Association.At the time of Rocco Botton's death,there was a savings account in the Mellon National Bank at Washington,Pennsylvania,entitled IIRocco Botton,in trust for Marie M.Selvoskill ,No.61-325,in the sum of $23,561.05.These moneys had previously been deposited by the deceased,Rocco Botton,in his name and the name of his daughter,Florence Lerum.The Orphans'Court Division of the Court of Common Pleas of Washington County,Pennsylvania (Honorable P.V.Marino)erroneously concluded that these moneys were part of the Estate of Rocco Botton,deceased,but,in truth and in fact,they were never a part of said estate. 3.Admitted. 4.Admitted. 5.Admitted. 6.Admitted in part and denied in part.Marie M. Selvoski did not file a formal account,but several hearings were held in this matter,in 1971,before His Honor Judge Marino and a final order was made in this matter by Judge Marino in 1971, ----------.rr----------------------~----------------y-- requiring Marie M.Selvoski to pay $100.00 per month for a period of three months and requiring her to relinquish title and possess- ion of a camper and pick-up truck,all of which has been accompli- shed.Marie M.Selvoski avers that there is no further liability whatsoever owing by her to the Estate of Rocco Botton,deceased• .NEW MATTER In further answer to said petition,Marie M. Selvoski avers as follows: 7.The black lung benefit in the amount of $1,860.40 was deposited in the account of the Estate of Rocco Botton by Marie M.Selvoski about March of 1971,and said account is in the custody and possession of Samuel Botton or his attorney at the present time. 8.The sum of $15,000.00 was erroneously ordered by His Honor Judge Marino to be paid by respondent to the Estate of Rocco Botton from the above referred to account in the amount of $23,561.05,which sum the executor,Samuel Botton,has received. 9.Marie and Charles Selvoski,her husband,paid to Donora Motors,Inc.$4,729.13 for the afforesaid pick-up truck, which has been returned to Samuel Botton. 10.Said Marie M.Selvoski and Charles Selvoski paid the sum of $900.00 for the camper,which has been turned over to Samuel Botton as executor. BAMUEL,L..RODGERB ATTORNEY AT LAW 453 S.MAIN STREET WASHINGTON.PAt 11.Marie M.Selvoski,as executrix,paid all real estate taxes on the farm in North Bethlehem Township for the years 1969 and 1970 in the total amount of approximately $1,000.00. 12.The said Marie M.Selvoski paid the sum of about $300.00 for a freezer,more or less,to Kelley &Cohen,and the aforesaid sum of $300.00 has been repaid in accordance with the order of Judge Marino in 1971. 13.Marie M.Selvoski and her husband,Charles Selvoski,made the following payments on account of the Estate of Rocco Botton,deceased: -2- One ton fertilizer One ton lime Hay seed Corn Oats Wheat Gasoline Two six-volt batteries One tractor tire One gear for planter Baler parts,including bearings and discs Bucket for planter Parts for plow Bearing for disc Mower blades Eight rolls of wire Four rolls of barbed wire $33.39 33.92 46.11 59.36 74.20 21.20 800.00 57.00 113.00 78.00 170.00 36.00 36.00 120.00 63.50 268.00 50.00 SAMUEL L.RODGERS ATTORNEV AT LAW S3 S.MAIN STREET WASHINGTON.PAt TOTAL -----------$2,079.68 The grain and fence wire were purchased from Kefover Hardware at Scenery Hill,Pennsylvania;the gasoline at Shearer Heating,1491 East Maiden Street,Washington,Pennsylvania;the tractor tire at Eighty Four Junction,Eighty Four,Pennsylvania:and the baler parts and bearing discs at Krassicks,Charleroi,Pennsylvania. Respondent and Charles Selvoski,her husband,also installed a water pipe and pump to the house and barn on Rocco Botton farm (cost of parts -$400.00). COUNTER-CLAIM OF MARIE M.SELVOSKI AND CHARLES SELVOSKI AGAINST THE ESTATE OF ROCCO BOTTON,DECEASED 14.Marie M.Selvoski and Charles Selvoski,her husband,also make claim against the Estate of Rocco Botton, deceased,as follows: -3- SAMUEL.L..RODGERS ATTORNEY AT LAW 63 B.MAIN STREET WASHINGTON.PA. (1)The Honorable Judge Marino erroneously ordered Marie M.Selvoski to pay over to the Estate of Rocco Botton the sum of $15,000.00 when,in truth and in fact,the Orphans'court Division had no jurisdiction and,therefore,Marie M.Selvoski demands return of the aforesaid $15,000.00,together with interest. (2)For the same reason,the pick-up truck and camper purchased from the aforesaid moneys,or their value,should be returned to the said Marie M.Selvoski and demand is hereby made for the return of said camper and pick-up truck. (3)The sum of $300.00 previously repaid erroneOUf- ly to petitioner under order of Judge Marino on account of a freezer purchased by respondent from funds not a part of the Estate of Rocco Botton,and the aforesaid sum of $300.00 is herewith demanded,together with interest. 15.The said Marie M.Selvoski and her husband, Charles Selvoski,further make claim against the Estate of Rocco Botton,deceased,as follows: (1)The sum of $3,000.00 for room,board and nursing care to the decedent,Rocco Botton,from February 1,1969,to August 19,1969. (2)The sum of $3,600.00 for work performed by Charles Selvoski on the farm of Rocco Botton during Botton's lifetime,including the repair of the roof and maintenance of the farm,transportation,furnishing of groceries and meat for a period of twenty four months during which time Rocco Botton lived alone on his farm. (3)The sum of $5,629.68 for materials supplied and work performed by Charles Selvoski on the farm of -4- SAMUEL L.RODGERS ATTORNEY AT LAW 63 B.MAIN STREET WASHINGTON.PA. said Rocco Botton aft~r his death,including fertilizel , lime,seed,planting of corn and oats,putting in hay, maintaining the mechanical equipment in good operating condition,supplying gasoline,parts -the out of pocket expense being in the amount of $2,029.68; and for services for a period of twenty four months at $150.00 a month,the charge for out of pocket expense being in the amount of $2,029.68 and the charge for services in the amount of $3,600.00,or a total of $5,629.68. (4)The sum of $1,000.00 for installing water to the house and barn on the Botton farm and fixing windows in the farm house,including the purchase of pump,pipe and other equipment. (5)The sum of $5,400.00 for the period from 1958 to 1963,during which time Charles Selvoski kept all farm equipment in good working condition, made welding repairs,repairs to motors and so forth, the charge for these services being in the amount of $75.00 per month for the six year period. WHEREFORE,your respondent,Marie M.Selvoski,on her own behalf and on behalf of her husband,Charles Selvoski, makes claim against the Estate of Rocco Botton in the amount of $33,929.68,together with interest,together with return of the pick-up truck and camper previously delivered to the said Samuel Botton. eL..SAMUE~Orneyfor Marie M.Selvoski and Charles Selvoski, her husband. -5- COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF WASHINGTON ) Personally appeared before'me,the undersigned authority,MARIE M.SELVOSKI,who,being duly sworn according to law,deposes and says that the facts set forth in the foregoing Answer,New Matter and Counter-Claim are true and correct to the best of her knowledge,information and belief. ar1e M.Selvosk1 , .~212~/-72].<I:.~__ Sworn to and subscribed before me this $JotJJ day of June,1975. ,.•MY COMMISSION EXPIRES MARCH 24.t9?6MyComm1ss1onExp1res:CITY.Of WASHINGTON.WASHINGTON COUNTY.pl.. SAMUEL.L..RODGERS ATTORNEV AT LAW 63 s.MAIN STREET WASHINGTON.PA. 63-69-907 Affi~auit (@f iExrrutnr (@r 1\~miui!itratnr t;tatr of Jrttttl1!Jluattia.~55: <!J,l1Uttty of Bal14tttgtntt \ P all b f h d . d h'Notary Public ....d f 'dersony e ore me,t .e un ersIgne aut orIty,a ;In an or Sal County and State,appeared §.~~.~~.J~9..'E~9.~who,being duly sworn according to law,deposes and says that he is the executor~f{~~ff3Wj{of the estate of E.Q.C.~.Q ;J;}.Q.T.T.QN..(~!~!.~g.Q~.9..9.~Y.r..T.9.f.!deceased,that theJ~~E~n~~11~tif~cg/~~~e a complete inventory and appraisement of the real and personal estate of.....R.QC.CO BliT.T0.N , deceased,except real estate outside the Commonwealth of Pennsylvania;that the figures opposite each item of real and personal estate in the foregoing schedules are determined and stated by the undersigned to be the fair value of said items as of the date of the decedent's death,based upon a just appraisement of each item made by the above named Executor :IDtM~ .day o~;:i.;~;~~.:.:=b;;j~~.~th;'·J~·4.>il~~g~~. .......!.~=..~"J:....................................)Samuel Botton ADDITIONAL INSTRUCTIONS I1.An inventory must be filed within three months after appointment of personal representative. 2.A supplemental inventory must be filed within thirty days of discovery of additional assets. 3.1 Original and 2 Copies and 2 RCRI-34,Under $10,000;1 Original and 2 Copies and 2 RCRI-33, Over $10,000,including Copy of Will;1 Original and 3 Copies and 2 RCRI-33,Over $50,000,in- cluding Copy -6f Will and copy of Federal Estate Tax Return. REFERENCE FOR ADDITIONAL COPY Act of 1947 P.L.513 Sec.5.2,72 P.S.4844.2 lInurntnry an~"pprai.armrnl of the goods and chattels,rights and credits which were of ~8§E8 ~8-~:F8~.,9.!.kLia Jate of ~9.E.~.~!?.~.~.~.~.~.~~.~~.~~~.~..0.~.P... Washington County,Pa.,taken and made in conformity with the above affidavit. DOLLARS REAL ESTATE: CENTS Approximately 203 acres situate in North Bethlehem Township,Washington County,Pennsylvania,having erected thereon a two-story frame dwelling house and barn,being more particularly described in Deed Book Volume 624,Page 125 40,000 00 PERSONAL PROPERTY: None None TOTAL INVENTORY AND APPRAISEMENT .....•.............•40,000 00 No.63-69-907 Inventory and Appraisement IN THE ESTATE OF ROCCO BOTTON,a/k/a ...R.9.q.9..9.~y.1'.~.9.~.(p..:§q.;i2~..§.;i2.p..=.. Filed'i5~,191fDL0-#~/(,~- ~:::J»-rfi A;~-::~""")~-.L~-,-I'_.c..')... :7.:_..l --, c.-.I =-_ r--:;r ---, ]>c:~ ...I-...J U"1 c-1~.- 5.-r,:.........) ..v C.:.., -,:',"","\,,1:.r: rv ~ UJ &tf9,~ ~.~;:z>.~/07.~ v IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: ESTATE OF: ROCCO BOTTON,a/k/a ROCCO BUTTON, DECEASED. ) ) ) ) ) ) ) ) ) No.63-69-907 AND NOW,this o R D E R--~-~/ c2.:L -z:;:::""day of{~,1975,it is hereby ORDERED and DECREED that Samuel Botton,Executor of the Estate of Rocco Botton,a/k/a Rocco Button,shall be permitted to examine and make copies of any and all accounts whatsoever in the Mellon Bank held by Rocco Botton,a/k/a Rocco Button, singlely or jointly with any other party as of the date of his death,namely August 8,1969,and from said date to the above date. BY THE COURT: ~J.('- ---------------------------------~-- 'I IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: ESTATE OF:: ROCCO BOTTON,a/k/a ROCCO BUTTON, DECEASED. No.63-69-907 PAY TRANSCRIPT The undersigned hereby acknowledge to have received of Samuel Botton,Executor,of the above captioned estate,payment in full,in accordance with the Schedule of Distrifuution of the Court dated December 17,1975. Recorder of Deeds,Recording Certification of Real Estate $ Russell Marino,Agent,Balance of Transfer Inheritance Tax and interest 9.50 64.29 Viola Botton Bergmann,daughter, 1/3 undivided interest in real estate at appraised value 13,333.33 Signed Receipt Attached Florence Botton Lerum,daughter, 1/3 undivided interest in real estate at appraised value 13,333.33 Signed Receipt attached Samuel Botton,son,1/3 undivided interest in real estate at appraised value 13,333.34 Signed Receipt attached " IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION In Re:) ) Estate of:) ) ROCCO BOTTON,a/k/a )No.63-69-907 ) ROCCO BUTTON,) ) Deceased.) AUDIT RECEIPT AND NOW,this s?30 day of January,1976,I do hereby acknowledge receipt of the residue of the above captioned estate awarded to me in the Schedule of Distribution of the Orphans' Court dated December 17,1975,as follows: Viola Botton Bergmann,daughter,1/3 undivided interest in real estate at appraised value:$13,333.33 Viola Botton Be~gmann IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: ESTATE OF: ROCCO BOTTON,a/k/a ROCCO BUTTON, DECEASED. No.63-69-907 AUDIT RECEIPT AND NOW,this ~/~day of January,1976,I do hereby acknowledge receipt of the residue of the above captioned estate awarded to me in the Schedule of Distribution of the Orphans' Court dated December 17,1975,as follows: Florence Botton Lerum,daughter,1/3 undivided interest in real estate ab appraised value:$13,333.33 Florence Botton Lerum \ • " IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: ESTATE OF: ROCCO BOTTON,a/k/a ROCCO BUTTON, DECEASED. No.63-69-907 AUDIT RECEIPT AND NOW,this ~f~day of January,1976,I do hereby acknowledge receipt of the residue of the above captioned estate awarded to me in the Schedule of Distribution of the Orphans' Court dated December 17,1975,as follows: Samuel Botton,son,1/3 undivided interest in real estate at appraised value:$13,333.34 samuel Botton / ~,,,',~~t;',tq~Qtnurt nf Qtnmmnu -Jn~un nf lIunqiugtnu.QJnuuty -®ipquun '!<nnurJt iininiilu In th~mllitter of the Audit of Account in ~,; Est~t~of ';ROCCO BOTTON "a/k/a ROCCOijNH. BUT~ON,Deceased. 63-69-907No.__-'----'----'-~--'---- ) TO THE .;\-UDITING JUDGE: ;;1 Enter:..-'_,...;o:::..=U:,::r:.--appearance for____=S:..:A~MU=_=___=E:.:L=---_=B:.,.::b:..:T=-T_=___=O:.:N::..I~_=E::.X:..:e=_C::..::..U:..:t:.:o=_r=____=o:..:f=____=t:.:h-=-e=--=a:::b:.:o=_'V--=---,-=ie~l:-- I~ c~ptioned estate. :~~RG 10th day of Septe er N.B.-Counsel shall,by separwte pape,r,present a concise statement of each claim,with supporting calculation of any interest claimed.Objections to an account as filed,shall be concisely stated in a separate paper. Council suggesting proper distribution shall file a separate concise state- ment in that regard. &BLOOM ,19~ I ") '" I-.. No.63-69-907 In re Audit of Account in Estalte of ROCCO BOTTON,a/k/a ROCCO BUTTON,Deceased, J AUDIT i 'ra~tip~fnr J _J\pp~araur~ FOR SAMUEL BOTTON,Executor .., .., ) J .~ BLOOM,BLOOM,ROSENBERG &,BLOOM Attorney -;~2 ~lt'.t1]r \'..munrt uf QruututllU 'l~an nf ltun4iugtuu muunty ®rp4uun ~muurt i1ininlnu / In the matter of the Audit of Account 'in E t>t"f!ROCCO BOTTON,a/k/a8a;e o...:..·-=--e....-(,. ROCCO~BUTTON,DECEASED TO THE AUDITING JUDGE: .. 63-69-907No._-':--'---'--_ j .,,.. Enter our j appearance for 'SAMUEL BOTTON,EXECUTOR,0 f 1 the above capti,Gped estate.'P1ease continue the said estate to the next audit as there are additional assets which must be administered. ,. BLOOM, By 10th _-=-=...£..==-=-=__~_,19_7_5_ N.B.-Counsel shall,by separate paper,present a concise statement of each claim,with supporting caI cuIa t ion of any interest claimed.Objections to an account as filed,shall be concisely stated in a separate paper. Council suggesting proper distribution shall file a separate concise state- m,n'In 'ha'"/ • No.6-3-69-907 In re Audit of Account in Estate of ROCCO BOTTON,a/k/a ROCCO BUTTON,DECEASED. AUDJT 'r~rtip:r fnr:!\ppraraurr FOR SAMUEL BOTTON.EXECUTOR BLOOM,BLOO~,ROSENBERG &BLOOM Attorney ~2 -,; ·-'."... ~1/ I)f~'"I •i 'I ("'"(.rJI )AMENDED .•,~..I',•~.• \ ~!\Il'-t Tl a:orU't JANS'COU I~T OF I Ii"1'1"1\'.I) \V},S{·f1HG10H COlJI,rrY ·ESlato or..J~9.9.~9...~.9.r;r:::r.9.~.~...~..(,~!.~..RQ.9.~Q ..~Y.~::r.QN DECEASED.. .•.............................................................................................. ................................................................................................ lJuccuftud No.........•.§.~.:§~?:~.9.?·. .FIduc!ory $.~~~.~..~.?'F.~~.~!~..;. EXECUTOR•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••'I'••••••••••• Dale of Dale of ·Decedent's death....•..~.¥.9.ld§.t..•§.f•••.+.~§.~Grant 0 f Letters ••••'!.~.':.~~E..¥...J.?!~~.??. T·h'.tl FIRST AND FINAL ..f'l d'I'IS IS 1C••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••account I C In t )IS estate If there ilavc becn former accounts filcd in'this estatc,list file numbcr'or numbcr and tcr;"..~2.:...§.~.::?~.::~.9.?.... ............................................................................"'_. Election la toke Undcr or I\rlGinst will.(cross out one) Date Election Piace of; {·i Filed .~~.r:.~.........................Record .~~~..~.••...••..•..•...... Name of surviving spouse ~?~.::~. list issue,where material: Viola Bo~ton Bergmann Florence Botton Lerum samuel Botton Daughter Daughter Son .. Did decedcnt marry after execution of will?(indicate)nx No.Any children barn after execution of witl?(indicate) \0(.......N'If th None .'~o.answer.yes,name,em _._••••..........•...•.•••.•••.•.......•.•.•............ -'~• ,.'~•lo j~••~~)c -'. Lel}atees Viola Botton .Bergma~n Florence Botton Lerum Samuel Botton Relationship Daughter Daughfer Son tnteresl 1/3rd 1/3rd' 1/3rd Fiduciary,If dece.1scd or not sui juri, Sui Juris 'Sui Juris Sui Juris '. ., '..r List,if e/(~cptions to above: None If.porliol inlc$lacy,givc facts: None Adccmcd:Revoked:Lapsed:.Abated:Give Couse: Nolic('t(l jllft;r{'sted po~ljcs.Hov{'011 p~rti('s.hovinl')either v(",lc'd or c(~nlinl')r.I"inl('r('~t~nnd nil cre-diors ('lIlit krl III lIolill.·(<"'lft i\ulL'No.:/.J,,1/nqruph C:Si'CIIUI\(;:~.H",dl\1\/t'I)c)1,'(l'l\'l'ci wrlllc'I)rl,)II(('of tIll.'Itllllqd rile (1U(·~l/ll '..lnd (l((ol!(If oudll:)¥(':~.N.' if ,"-.r'NO ExceptionsonyexceptionQIVL;(,Oll,C...............................................•.. rill!((lilY (If I'Jol ic 1\..' or\(1 (f()t(~(,(",eJi Ij'.'t]..'1.....•.•..•,,~.~~~.~I1;:,~.~.~,.•*.~l.~..,I'••••..,,,•.••.••.•.••...••••••.••.••••.•t .,.,t ••••'1 .•••••.••...t ••:••t· (~t) h '·'.ltlll~';11111''1,1 to Ih,·fili'hl Ilf (J r,'c1.",t1 1'.;11111''1"11'(1~,·lllIn?..:NR :. AllIIlll !J11)'II",,,t mode 'OIl P'·II11·..,lvllllill r'll""fcr 1/l111'rillllH:l~Tw(.Amount $..~..'}.~.~.:.?~.~~~.C;::~.~.p'~~~.~.~~.?~,.and #E22379 If 11,1.'Will IIHlker,OilY Ill)rtil)"of 1.··.101(.'~lIhj,:(t tl)II lire·I:,.llllc,UivL'IHlIlh~nnJ hi~lh dull.'of liff!kll(lllt........~~.m:..... ',Il.......................................................................................................................................................................................... Civ,'NlllllC'j (II1d ndclll~r.r.c·.of nil llrlp'licl ((edil,)f'"wIll)lire Ie(J(llIy ,:/llilkd ILl /lnliC!!,l,)ql,thcr with llH~Wlll)1II1tS of ~uch Cklilll';;\Iolt!whL'lh.:r lh~'1 (J((~tldlllil:l'J Iv Ul:e\Hreel;ond wh':lhcr the cIOJirn i5 Jellied. None ..'to, .. Give reference to such parts of the will as require interpretation by the Court;a reference to all questions re- quiril~g adj~dicatjon,and a statement of anY'other facts deemed necessary for th..:?preparation of the adjudication: None .. Dolance for distribution per'account, licmize any additional debits,not shown by,account:$..??~}.?.§.:..Q!L...........• . \c"ock Debit to remove amount shown in Account as payment on Funeral EX'"penses of Kenneth Thompson $2,620.00 $....$.f.,.§~.Q.•.•Q.Q••....••••• 1,802.00 $$.~.,.~J.a.'1.~.~. Total additional debits (Add) Itemize any additional credits not shown by account: Russell Marino,Agent,Transfer Inheritance Tax,plus Interest Kenneth V.Thompson Funeral Home,settlement in full of ,funeral expenses Totol odditionol credits (Subtract) 1,016.32 Dolonce for di~tributjon $.?f..1J:.~.~:..??•............. If balance for dislribution is not in cash,list each item held in kind,giving appraised Value (or distribulion Value); Balance for distribution consists of real estate 'situate in North Bethleham Township,washington County,Pennsylvania,'appraised at $40,000.00. I • I II .-!! -(',») '...I ~" '4, .", ~~J I ". I .------·----~~~----------~-----~----------------:'/---""'l11"""l : (JJ '. If rC!llIily [xempli'"1 dllintl'cJ by "I'liliun,give "llIce of I~el(lld:~~.~~. If "w,,;I)'L"Cmpli(\Il iscloilOeJ u:"udil,!Jive II(Jlne,•.H:loliomhip GllcJ ~)t.)i')fur Clajm;.N~'~~""""'"'''''''''''''''''''''.''i''' List any ocJvanCCIlH'Ilt ar distribution on account lhut has LWCIl mode,and naturc'and amount of same: No Advancements. Suggcstcd distribution of balancc'shown,both as 10 principal and income,attaching signed and itcmized cleclions to take in kind if ualuncc is not in co~h:resiciuory sholes being stated in prcl,f_'ortions: VIOLA BOTTON BERGMANN,Daughter,1/3rd undivided interest.in real estate at appraised value .' FLORENCE BOTTON LERUM,Daughter,1/3rd undivided interest in real estate at appraised value ." SAMUEL BOTTON,Son,1/3rd undivided inter€pt·in real es~ate'at appraised value $13,333.33 $13,333.33 $13,333.34 .' II ;1 11 -i .; The debts and expenses of the said estate were paid by the heirs to maintain the real estate in kind. I• COUNTY OF WA5HlhlGTON,55: COMMO:-JWEALTH or PENNSYLVANIA. The above nan"\ed Fiduciary ar represcntal ivr.thcIC'0f, being (il;·ly·~~.?F..r:d()lh dt'f'0S('and 5ay Ihal 'he focts set f,lIth in the fNc9C'·inJ p.:-lilion alc I'lle 10 the bC'~t aL 0J§kn'lwlcdi]c onJ belief. ............................SW9J::n lo and ~.lIb',crilxd kfGIC mc Ihi5 ~.?~.lJ doyof.p.g.g~m~~x 19 7.5.. .~~.,- SiD lVlll1I «.(.f ()ffic:('(J....{...,....tr.!/:f:...-f\...8 ~k~?::'.'1"'". Tille of ()fri(cr ~~.~~!..Y..:.~~R.~.~5?\l.H'..~.M ..ROWENE EBEL!NG,r-::.\T/\~'t"'.B~lv .My Commission Expires Fei:liU~ry 8,1971OfIj(e l:'(I]II (.'j•••••••••••'Wlishiiigwfa;.W'~1~1\'COl1nty,·penna;".••.•••• 'And your petilioner \vill ever pro)',ele..., ..~iJ ..I{.~~..:.. ~Samue1 Botton,Executor ••••••••••••••••••••.••••••••••••••••••••••••••••••••••••••••••••_••••••••••to ••••,•••••• .,,~,. ("".) \\No.63-69-907.. '11, "1 , /- ........". r,' yo. .... Es~c~e of•.•~.<?~~.?..~.9!.'£~~!c:.!.~L~. ROCCO BUTTON,DECEASED •......... Deceascd Fi dwe iary Q8Jm!J;:L..~.QI'.'J::QNI ;...• EXECUTOR...................................................'!'. PETITION SUR AUDIT FROU.\'/H!::~E ~:::~E!:)::NT LEFT A WILL Cou;"~el of Fiduciary wilt submit herewith the" f.:;':::,....in1,in con fo rm i ty with Court Rules c~...,,;:;:cd c:rective DC::E:mber 3,1951,b~ing r:...:c i':c.9:,p.croGrcph b-c;ond divisions tr.c:r;:::;~:::.h.:.wn on p:::;g~s 23-24. 1.Written prcecipes of all Counsel in the CC5C. 2.Co~y of order appointing Guardian ad L;~:n,if pertinent. 3.Cv~y of Oreer appointing Trustee ad :;:(;~;l,if p2rt~ncn~a 4.Pro:>r of scrvi,ce of above. 5.L'.'trers Testamentary or Administration C.T.A.or en atlLst copy of Will. 6.Cc py ef invento.y or.d appraisement. 7.Prc·::;t of ad,..ertisement of grant of letters if nui filed with account. S.Ceriifit:cle of liens in case any of the fwncs fer distribution arc from judiciol scle ef r~al C3i~t~. 9.S:::;r..:::C ~nd itemized elections if ony ci::ri!;wi:cn in kind: 10.'Copy or Federal Estate Tax return ,if es- tate is subject thereto. ~.~Qg.M.t•.•~1t.QQ!'1,•..gQ§.l2.N~.:~m·9•••§e•••~~.QQ!;'1 Attornuy .. ... n ....-......::. ~ .. "--""t ':t PETITION SUR AUDIT IN THE ORPHANS'COURT OF WASHINGTON COUNTY Testate Form j Estate of.~_Qg_~g ~9.~~_Q~_~~!~!~~9.~g_Q_..~~~_~9_1;'J, __. .p.~_~~~_~:J?_J?.~._..._..___.. _.__.._....._-----.-........._...__.__.--_._--_....__..~.._..._.._._......._.-._.._-_..__.._._--.....-_..----Oo ..... Deceased N 63-69-9070_.-_ _ ___..___...__ Fiduciary ~!\~l!~~~..~_9.~rQ~!_._.._.._._.._.._.__...._.._._ Executor Date of Date of Decedent's death__...;r~~y.._!.?_'---J_~}~._.._._.. .Grant of Letters...._...;r~~~_~~y..J_~_~._.~.~?.~_.........--- This is the.__..__._._~_~.~~_~_.~~P ~_~~~~_ ___account filed in this estate If there have been former accounts filed in this estate,list file number or number and term..~.?~.__.~~_-:-:§_?~.?.~!.__ Election to take Under or Against will.(cross out one) Date Election Place of; Filed ..NQP.:.~...._..._...Record _NQ_n~....__....... Name of surviving spouse...__.~9~.~__..__. . . __.__..::.___. .__ __.__. List issue,where material: Viola Botton Bergma~n Florence Botton Lerum Samuel Botton Daughter Daughter Son Did decedent marry after execution of will?(indicate)~No.Any children born after execution of will?{indicate} ~No.If answer yes,name them.._NQD.e.._.____._.__..___.__..___. Leg,atees Viola Botton Bergmann Florence Botton Lerum Samuel Botton Relationship Daughter Daughter Son Interest l/3rd l/3rd l/3rd Fiduciary,if deceased or not sui juris Sui Juris Sui Juris Sui Juris List,if exceptions to above: None If partial intestacy,give facts: None Adeemed:Revoked:Lapsed:Abated:Give Cause: Notice to interested parties.Have all parties,having either vested or contingent interests and all crediors entitled to notice (Court Rule No.9 paragraph C:Section 6:Subdivision c)received written notice of the filing of the account and of call of audit?~.No. . .No Exceptions.If any exception give cause _ __._. File copy of Notice .oJ ~ and date of mailing ~~.9.~.I?~~;?!~???.. Is estate subject to the filing of a Federal Estate Tax Return?~9 . Actual payment made on Pennsylvania Transfer Inheritance Tax.Amount $.):!..??g.!.~§.!-g~.~~Jp:t::#:~~.?Q:?3 #E22379 If the Will makes any portion of estate subject to a life-estate,give name and birth date of life tenant N~.~~. Give Names and addresses of all unpaid creditors who are legally entitled to notice,tog,ether with the amounts of such claims;state whether they are admitted to be correct;and whether the claim is denied. NONE Give reference to such parts of the will as require interpretation by the Court;a reference to all questions re- quiring adjudication,and a statement of any other facts deemed necessary for the preparation of the adjudicatidn: NONE Balance for distribution per account, Itemize any additional debits not shown by account:$..?~.!.~~.?.~.Q~. ,. t~"f I $..~QJ.l.~...._..................•. $1,016.32 ,.,_.....'..-Total additional debits (Add) Itemit:r 'any::<?dditional credits not shown by account: :.,~.!j •Rus.sell ,Mar ~:no,Agent ,Transfer Inher ~tance Ta~~plds in€erest, Total additional credits (Subtract) Balance for distribution $_~!_.9.~§.~.~.?. $.?f...!}.?~.~.?§. If balance for distribution is not in cash,list each item held in kind,giving appraised Value (or distribution Value); Balance for distribution consists of real estate situate in North Bethlehem Township,Washington County,Pennsylvania,appraised at $40,000.00 . ....- , j -.-. If Family Exemption claimed by Petition,give place of Record:N~.~~.____...______.. If Family Exemption is claimed at audit,give name,relationship and basis for Claim:N9.n~. List any advancement or distribution on account that has been made,and nature and amount of same: No Advancements. Suggested distribution of balance shown,both as to principal and income,attaching signed and itemized electioDs to take in kind if balance is not in cosh:residuary shares being stated in proportions: \..~-7 .... VIOLA-BOTTON BERGMANN,Daughter,1/3rd~ndivided i~terest in real estate at appraised value $13,333.33. FLORENCE BOTTON LERUM,Daughter,1/3rd undivided interest in real estate at appraised value $13,333.33 ~ SAMUEL BOTTON,Son,1/3rd undivided interest in real estate at appraised value,$13,333.34 The debts and expenses of the said estate were paid by the above-mentioned heirs to maintaini-the real estate in kind. COUNTY OF WASHINGTON,SS: COMMONWEALTH OF PENNSYLVANIA. The above named Fiduciary or representative thereof, being duly .s.w9.~P..__..doth depose and say that the facts set forth in the foregoing petition are true to the best of bJs.__. .knowledge and belief. ...- _S.W9.-!=.:Il .to and subscribed before me this.J~.t.h.._..day :17h~9:t:-1;:?t.19..??.. Signature of Officer /~~. Title of Officer.._~_._/~.:_. Office exPires /1-J.~tL..L.i.?.2 . And your petitioner will ever pray,etc. Je:-.-LI:[~. Samuel Botton,Executor .. .. J v,'~-. 'I " No...§.~:::.E?~.-:-.9.Q.7.. , Estate of.....~9.~<:;_<?.)30TT,ON,a/k/a"l.,-_..---_.___..-••--_..--.. ~, ROCCO BUTTON DECEASED .......,_.(,-_.. :.:Deceased Fiduciary §!.W!~~~~.<??;'~.Q~.,__._.. EXECUTOR. PETITION SUR AUDIT FROM WHERE 'DECEDENT LEFT A WILL Counsel of Fiduciary will submit herewith the following,in conformity with Court Rules adopted effective December 3,1951,being rule No.9:paragraph b-c;and divisions thereof:shown or;;:pages 23-24. 1.Written pra~~ipes of all Counsel in the case.'; 2.Copy of order appointing Guardian ad litem,if pertrnent. 3.Copy of Order appointing Trustee ad litem,if pertinent. 4.Proof of service of above. 5.Letters Testamentary or Administration C.T.A.or an attest copy of Wi II. 6.Copy of inventory and appraisement. 7.Proof of advertisement of grant of letters if not filed with account. 8.Certificate of Iiens in case any of the funds for distribution are from judicial sale of real estate. 9.Signed and itemized elections if any distribution in kind. 10.Copy of Federal Estate Tax return if es- tate is subject thereto. BLOOM,BLOOM,ROSENBERG &BLOOM____-_- - -. Attorney ~2 .- I.C.BLOOM GEORGE I.BLOOM MILTON D.ROSENBERG SIGMUND L.BLOOM GEORGE R.SEWAK W.BRYAN PIZZI II , -LAW OFFICES\:l .,. BLOOM,BLO\C'lM,,,~ROSENBERG&BLOOM 200-210 WASHINGTON TRUST BUILDING WASHINGTON,PENNSYLVANIA 15301 AREA CODE 412 TELEPHONE 225-4100 1'/+ IN RE: ESTATE OF: ROCCO BOTTON,a/k/a ROCCO BUTTON,DECEASED. ) ) ) ) l No.63-69-907 ) ) cc:Viola Botton Bergmann,15 Fourth Street,N.W.,Oelwein,Iowa 50662 Florence Botton Lerum,2137 Shelburne Drive,Apt.7,Indianapolis,Ind. Samuel Botton,428 Fourth"Street,'North Charleroi,Pa.15022 -.....,.. £.3:"'~~~3(r·.J /" ;.)""i'=-~d:..n1eO~~OJ3 'I ! t·~p.'.)':::'.'114':""'-;.It!01<)"1'h;;.r.\(! t':,;..t '....I''..',-.'it ( f r ~T('t,,,j,'1 ."1'1'(1'>'....,~......_-._.-:.........-'~~ v)\~O jnu",'::i~.ftH'1J'lJ ?'qp )e,,:'f.r:~,'"l(lf t p ;;.;UQ"'I -,::\1:.10:0 O.:t el 21,'l~J ':107 ,11'70"~;OS!'".t·;;:;j(Yi 0:"::1':':(i :-,·n.,'QrjJ ~.O ·rojLf';'~C:;~{'",flO::JO::'("')UmHt~'~ '"Y'1.,-,.*j,.,.",r?-.1-~O '>"~:"'!\'>1[".;'",r"...,"',•.•..;,L-tV ··co ,...","'"','••••,..0'''''''0'-.."..l .....rL:-}"-1.-l...,J...........~'''_.'~-.~]~"",.J......4,~.,.,......,j;;..,,~...~-.,~i ~-#f '""oJ...!J""~.J.'-'.~ -:..,.t ,'O,ff~"'"j --'1"~i~·"TI".'..'1 "~,-(,...,,.,.•,~.,..•.•1 :"0'"''"1'"J 1\)..~.."'C.!'lltl,,-/..[._~A'.,...,\.f"'"''.Co,_'.1,••~,\,-II..,..J [1W'..t (-In ,"a •.•._.,;1.,.1.""~\I :L~\~\""'CJ.,('l''1~~ctuJ~'''C.IC·j ,·\.....b-.;1-,.i~)\'1.)~t...::l,.,u.f,~,;:,IX:',,!j',"po~:'t-13.b··~' j;;.,~j.flVl'::'.•d Y:,,f,o:,?rlt :~i/'I :",'1("'\·\lJI'J~1 ;.r!1 :,.l~.iI ,9 'bfJ.~:J'(i'O:!I •_~'L ,<:~0'''''~'v'..'it -f'-,~:..1-<"~~••.-:'.:,~;O'!-n~..r <:t 1;,1.':.p..i::t '~.d,:-tql J"..,,..T ~ ,~.\.•.""...'-1 ~'Y:'l:"~l.:J ., j c~1 t;-,1 ,):,..: ~.:';.)o~'f',"":o:':,C!Ll..;1.ev p,,1.''i ,j'"":'.-',rr~·.iJU:~J'~(J.l'I':r?':T='C rra:doC blohr j.:;):) .;"ri \~:i.lcW~.:1::J:;).!l,l ,\.j1.'!f.•;;.!\11:-:~'.f II:..!,.·...;..,~:-:JJ ,IMJ.r-.&J;cc;,.-:iCJe :ton....~·~oJ .; •.('('.:1.•"':'1 •i <:>J ",,1 L'!,-:.:_,-::0:1 '~.",J _~~:;,....;-:j 1 .u .):I :.....;..\[I 0 -:;.j or,,,:r:~,J-d,~' .._....<or COURT OF COMMON PLEAS JJn W~t (@rp~an5'<1tnu~ilJjWa5~in!ltnn ClInuuty,i'tnnsyluania IN RE:(( ESTATE OF)) (( ROCCO BUTTON,a/k/a ()11i t·t tttt·on ()NO.907 of 1969 ROCCO BOTTON.~"(63-69-907) Deceased.)) ClInmmnn1Uta1t~nf 'tunayluauia {ss: OIuuuly nf lta5~tu!llnn ~. To:MARIE SELVOSKI and MELLON NATIONAL BANK AND TRUST COMPANY Sur Petition of:SAMUEL BOTTON ~reetiug: mt OInmmUUll Inu,MARIE SELVOSKI and MELLON NATIONAL BANK AND TRUST COMPANY, that,laying aside all business and excuses whatsoever,you do file in the Division 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 petition,on or before -=M=o=n:.::.;d=a~y,--,the22nd day of September 1S69 ,at 10 :00 o'clock.!::.-.M.,and show cause why the petition of Samuel Botton for determination of ownership to personal property of Rocco Botton,deceased,should not be heard. In trie meantime,Mellon National Bank and Trust Company is ordered to IIfreezelt the account as set forth in the attached petition and to allow no transaotions in oonnootion 'lith it until f~thor ordor of Court; 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:~:~f&- Clerk of the OrphansI Court Bloom,Bloom,Rosenberg&Bloom,Esq.,. ',Attorneysfor Petitioner. "l "(Seal) ,I J COUf\T OF COHi-IOn PLEAS .'. \ ..,-~'-', SCDternber NO.907 of 1969 (63-69-907) day of ---'--'~-----~ petition,on or before _T_U_8_S_C_D....,y_',the 2nd 19 69 ,at -10:00 0 'clock A .M.,~md show cause why 8.1:O::'der s'::o')l::: not be en'~E:red by the Court enjoinin;the said 1-1arie l-I.:el-,,'c.sk~cr her desir'"I,-ees from den1eti:r;r:or usin;;:th'3 su.m D8.id to her bv =,=e110:S•".-'.••.~"-.'"1,..0 .that,laying aside all business and excuses whatsoever,you do file i.n the Divjsion office of the Clerk of our Orphans r Courtlof 'Jlash'Lngton County,a full and complete answer,under oath,to each and every of the averments of the said ifmr QIoUttltultb lIou,l'_'JA_.R_I_E_1'_1c_S_""EL_V_O_SI_G _ Sur Petition of:-------------- To:MARIE M.SELVOSKI 3111 IDIlr @qJIFUtn'(![n1t~t ~tHJ~gIlit1gtnu OJnuuty,JrUl1llyluUuht IN RE:(( ESTATE OF), )(.( )fir <>-t .rt.~)~'~t &11nn,~ (( Q!1111tlliOUU1Pttltlr of ~lrn1tllyIHUnta .to .an: Q!nuu111 of lllasl1illgtntt ) ROCCO BUTTON a/k/a ROCCO B0r:r£QJi,Deceased;-_.-- -,.a 1.0na .....:iQ11}~~nu 'l'rll.s1~:~·olr..ps.r<T [fJ a rGSU ·C 01 Del'ac Clen In C...L0~.::--~g~----L-..,..Savings Account ITo.61-325 until detcrn:in£ltion of title thereto..,.r~".....-r."'~:..During the pendency of this proceedinf~all moneys paid to Naris N. Selvoski by Nellon Np.tional Bank and Trust Company from the Savinr's Account No.61-325,closed,by her on Aur-;ust 12,1969,are fro:z;en ~d -the said Narie H,,--'Selvoski'or~her-desi gnees are'temporarily enjoined from using any of the said funds for any purpose. decree made against you. WITNESS the Honorable P.Vincent :Marino,President Judge of ou:- said Court,at Washington,Penna.,the ~day of A_u..;..:p_u_s_t _196·=;. Clerk of the Orphans'Court Ji'..'11. Bloom,Bloem.Ro s enb ergt'BL-:,cw!Esq. Attorney;for Petitioner. (Seal) j COlmrr OF COHMON PLEAS NO.907 of 1969 (63-69-907) ROCCO BUTTON a/k/a ROCCO BOTTON, 11u OJlrr ®rp11Utt5'(!1ou~v ~f\i~g~tugtntt (ltouuty,Jrttttgyluuuia IN RE:(( ESTATE OF)) (( \ill itaHnn \ (( Q!nmmouwraltq of Jruu13y!tlunia }-5.5: QInuttty of Itasqtngtnn . To:MARIE M.SELVOSKI SM·mEL BOTTON ~rrrtt1tg: Dr QIommau~iou,I'-_1A_R_I_E_I_,1c_S_EL_V_0_S_K_I -J .that,laying aside an business and excuses whatsoever,you do file in the Division office of the Clerk of our Orphans I CourVof Washington County,a full and complete answer,under oath,to each and every of the averments of the said petition,on OT before Tuesday ,the 2nd day of Sentember 19 69 ,at "0 :00 o'clock L.M.,and show cause why an Order should not be entered by the Court enjoining the said Marie M.Selvoski or her designees from depletinr:;or using the SUIll paid to her by lilellon Natlonal bank eDU Trust C,ompany ffi a result 01 her actlon In closlng Savings Account No.61-325 until determination of·title thereto.'~"I~During the pendency of this proceeding all moneys paid to Marie M.~. Selvoski by Mellon National Bank and Trust Company from the Savings Account No.61-325,c~os~d by h~:r on August 12,1969"are frozen and the said-Marie M.Selvoski or her demgnees are temporarily enjoined from using any of the said funds for any purpose. WITNESS the Honorable P.Vincent Marino,President Judge of our said Court,at Washington,Penna.,the ~day of August ,19 69. C~-~~~Clerk of the OrphansI ~ourt Jivn. Bloom,Bloom,Rosenberg&Bloom,Esq. AttorneY3for Petitioner. (Seal) I I .-..- ~--_"""-'''''''--"1l''""~:,,,~....-.,~.•-:".~- NO.907 of 1969 (63-69-907) SAl1UEL BOTTON j COURT OF COlli'iON PLEAS ~Division . 11u Wl1r ®rpl1UltS'QIuurtl Df lfanl1ittgtntt Q!ounty,Jrttttnyluattttt IN RE:(( ESTATE OF)) (( ROCCO BUTTONa/k/a)(1i'•t t·.) ---'-ROCCO BOTTON "-'--(--""'--"'\ZJt a to u ( Deceased~)) (( <!!ommoltwrttltlT of JrnunyluultiU }'.6.6: aInUtt111 of lIDJU.a11ingtou To:MARIE·M.SELVa SKI Sur Petition of:------------- ~rr.rttn9: IIr Qtnulmaub ~nu,}_fA_R_l:U_H:_l'_16_SEL_"_V_O_SI_G __ that,laying aside all business and excuses whatsoever,you do file in the Division office of the Clerk of our Orphans I Court!of Vvashington County,a full and complete answer,under oath,to each and every of the averments of the said petition,on or before Tuesday ,the 2nd day of September iI L 1969 ,at '10:00 o'clock L M.,and show'cause why an Order should not be entered ,by the Court enjoining the said Marie }'I.Selvoski or her designees from depletint;or using the sum paid to her by I'Jlellon Natlonal banK &nd 'l,'rust.(~ornpany EB a result or'her actlon In closlng "\. Savings Acco'LL.'>'lt No.61-325 until determination of title thereto.e- ,>...._J)~During the pendency of this proceeding all moneys pai d to Marie M.';--'~\,. Selvoski by Mellon National Bank and Trust Company from the Savings _Account No.61...325,closed by her on August 12,1969,are frozen ·and .the said Marie M.Selvoski or her designees are temporarily enjoined from using any of the said funds for any purpose. WITNESS the Honorable P.Vincent Marino,President Judge of our said Court,at Washington,Penna., Bl:oom,Bloom,Ho s enb erg&Bloom,Esq. AttorneJsfor Petitioner. (Seal) the 20 dayof August ,1969.I~?;;~- Clerk of the orptans l Court Divn. NO.907 of 1969 (63-69-907) SAlifUEL BOTTON .,~.." COURT OF COt~ON PLEAS lin IDI1P ®rpl1ans'arou~t ~lm~!iqtugtnu (!tnullly,'Jrnnayluauia IN RE:(( ESTATE OF)) (( ~gggg ~g~~g~aa/k/a 1 Olttatinn 1 I'De ce a s e .)) .(( (llnmmnuwpaltl1 of JrnuHyl uanla },.lUi: Q!nuuty of lfJafil11ugtou . To:MARIE M.SELVOSKI Sur Petition of:------------- ~rrrttng: IIr QInmmaUlt !,nu,}_1A_R_IE_.J_1'_I._SEL_'_V_O_SK_I . that,laying aside all.business and excuses whatsoever,you do file in the Division office of the Clerk of our Orphans I CourVof Washington County,a full and complete answer,under oath,to each and every of the averments of the said petition,on or before Tuesday ,the 2nd day of September 1969 ,at '10:00 o'clock L M.,and show cause why an Order sbould not be entered by the Court enjoining the said Marie M.Selvoski or her designees from depletinG::or using th'e sum paid to her by rJIellon Natlonal Bank and trust 'JO:;i~'9any ro a resul-c 01 her actlon ln closlng Savings Account No.61-325 until determinatiQn of title,thereto.~.~~.....-=-.-,-.-.....!..............~.("",,~ and further abide the order of our said Court in the premises, --,'/" If you fail hereof,the petition may be taken PRO CONFESSO and a decree made against you. ./ WITNESS the Honorable P.Vincent Marino,President Judge of our said Court,at Washington,Penna., Bloom.Bloom,Rosenb org&Bloom.LEsq. Attorneysfor Petitioner. (Seal) '.".. ._----_._- During the pendency of this proceeding aU moneys paid to Marie H.·,- Selvoskl by Mellon National Bank and Trust Company from the Savings Account llo.61...325,·elo&e4 by-he~on August 12,·1969,aXle frozen and the said Marie M.Selvoski or her de~ignees are temporarily enjoined from using any of the said funds for any purpOse,~~;,. --. J IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISICN I I ESQ S., the No.63-69-907' ) ) ) ) ) ) ) ) ) ) The estate of Rocco Botton.Mr.Sewak. You are going .to advertise the audit Your Honor,I would ask tht this estate THE HONORABLE PAUL A.SIMMONS,Judge of the said Court. HEARING ON AUDIT ;;," -I ~<ISeptember 10,1975. J, ""I'-~ ". ,. ,J •. administered. and the entire works. be continued to the next audit,as there have been discovered additional assets which have got to be THE COURT: THE COURT: TIME: MR:SEWAK: \ r .....,.t~-4 ...:!.~I'"..,Jf "'a •i,"\\.'.~.1 i#r.....'.~\'•+-.. APPEARANCES':';{,......~~/-?j'BLOOM,fBio'OM,ROSENB~RG &BLOOM, of Washington,Pa.,representing Accountant. BEFORE: IN RE:" Deceased. ESTATE OF ROCCO BOTTON,a/k/a ROCCO BUTTON, < Z<>.J>-IIIZZIIIll, i 0~CIZ :tIII0(~ ..:0·it f -Ii; "~'5 .J0( u5 :J... :c l-I'-N ui II: III~II:0ll, III II: ~II: :J0U .J 0( 0ii:...0 ,/4, I ' I~'\~ e c-l'.,. I I \ I e I MR.SEWAK: THE COURT: That is correct,Your Honor. Let's announce it anyway.Let's announce the estate of Rocco Botton. 1_----::._ 0-/ MR.ZERMAN I : (Court Crier) THE COURT: _._-------------------.------. Your Honor,I received no response. Is anybody in the Cour troom interested , 1inthe,estate of Rocco Botton?~~'4.".ot J .~...'.r '\..~..:../'..I'·.J.'.j.';''Ilo,''" ".-.(~,-,NO\...RESPONSE·') ." e 0( Z0(>.J>-UIZZ1&1 Do i0I-elZ J: ~UI0(~;~~ 'I ..:.~u 0:I-UI Ce.J~U0 :J.., :tl-I'N THE CO,URT:Hearing no'res ponse,the audit of this• . I , estate is contin~ed ,t?,l th~',we,ek,-'of December t)th" a t which time we will ,.haY~our.next audit list. t ~,~~.~"I \~.~f (AUDIT CONTINUED ) I horeby certify tbat the proceedings and evidence $.1'. iii0:1&1I-0:o ..'dII.cont.aiae '.1&1 .'. 0: ~hearins ofou ~t'r'Ulsc'J"lpt uii:lI.o fully anti accuratoly in tho notos tak&n by me on llv.- tho above ~ause,and t'hatthi.copy is a correct of tbo same. ,. I /07'l«1a1 stenographer The fore80 11\1 record OjUh.proceeding.upontbo hfarlhJ of the above cau..Is beroby approved and.41rected to be filed. By the Court, j IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY;PENNSYLVANIA ORPHANS'COURT DIVISfON The estate of Rocco Botton,also known If it please the Court',r!our Honor,I ESTATE OF ). ) )No.63-69-907) ) :)I )I). I HEARING ON AUDIT BLOOM,BLOOM,ROSENBERG &BLOOM, ESQS.,of Washington,Pa., representing Accountant. Tuesday,December 9,1975, 1:30 O'Clock P.M. THE HONORABLE PAUL A.SIMMONS, Judge of the said Court . Mr.Sewak.as Rocco Button. iii0:IIIl-ll:oa.III0:li:THE COURT: :>ou oJ« uii:MR.SEWAK: l1.o IN RE: ..:o ii:Iii cAPPEARANCES: oJ0< U C:>., :t.."NT IME : ROCCO BOTTON ~a/k/a ROCCO BUTTON, z0<~Deceased. >-III Z ZIIIa. zoI-elZ J:~BEFORE: ~\ just recelved note that a funeral bi~l had not been."~...,J ,'/,~.,'''~.,,..~..,/,""-,,'r:...~t paid,fthrd1i~h:s'oinel'd"i'~p~t'e\b~:tweeri'the';':fun~'r'al ,!d{~ectpr and the prior executo~in this matter.But we have .i}of received word t"hat 'the :b~.:il ,ha"s ,os'en paid. ~..,'...I.:~..' THE COURT:Did you take that as a,debt and deductio~?I _~t-"J MR.SEWAK: I ~.'"~IYes.'We don t t know the amount so we will h::1\TP t.n nf'pn::1f'p ::1n ::lmended Audit Petition.and would ------"-----~--------------~------------- \ \ ,.'I"(".;2.-~~;.. ask that the Court 'also be lnfor.medtthat we'also rece ved additional stock in this estate.,Other than.that, there aren't ~ny·complications. -, ...'THE COURT:,Do you want me to set it over,to the' 'next interim audit period on the 27th of January? I would request the Court if we could,at 'least close,th~audit at this point;there are no othEr complications.The amended Audit Petition will be delivered,within a t~n-d~y period ~ere. There are no tax propl,ems. bablY,~ouldn'~you? ..:~THE COURT:a:IiiQ .J0( ~MR •.SEWAK: :l., ~THE COURT:,",. III ,~".:r None whatsoever.They have all been paid Actual~y,~oU'd be entitled to a'refund Iro- Probably are. Would y~u announce the estate of Rocco Botton,also known as .Eocco Button? ~THE COu:r:T :'l,I •..l~~'"',Hearing no resp onse,the audit of this (/,(,~:,..,.,...rf ".l'J t"estat'e(is ordered closed,SUbject to the filing of Is anybody in the·Courtroom other than Your Honor,I received no response. COURT:. uia:III...~MR.ZERMANI:l ~(Cour~.Crier] ...'~THE0'.v .J 0(Mr.Sewak interested in the estate of Rocco Botton,U ..I '!,'*)A ;',~~,'<alliso:k~own ak 'Roc~O·Bufton?~.~.~I"4t-,,',JlT'.";r'.,f-.~/'''l',;:~-'/i"""-,Ft..,·~. 'Of i::.,:,~);:,".,or ..1_.'\.t-.,.~......~r"l..._,·~·...t"-',~"it .-(NO RESPONSE) ".".r'-' I ".s,","i ,,"'.,•to ,~:fe,! .-,."-'--•'l*i _".or ot.~.~thel necess'aryt@tatement of Debts and Deductions withili'!-....!I ..I <t'..:C I within a period of tendaYs,~long with an amended Audit Petition.Is that agreeab~e? ~. " .,~ ( '~" .. MR.'SBWAK:Yes • (AUDIT CLOSED ) ie I herebY certify that the pr?ceedings and'e'vidence < ~are contained fullY and accuratelY in the notes taken by me .I )0 •~on the hearing of the'above.cause,and that this coPY is azIII~correct transcript of the same.o . I-elZ :rIII<3: ui~The foregoing record of'the.~roceedings'upon the Ito~hearing of the above cause is hereby approved and directed It· ~~to be filed.ou .J<~By the Court, '"o ,.,. . "~,.0',.'. .,.,.~ "I.~ ;,1 ..~t ,"'.;','".....r:'j"-/.,.J'~.'•"....' •'.t '-1 J .It I.rt~II..,:.::-..j;'~"-1f -:.~, ,, ~/J • •,:,.~,-..~'{~+,~"" , ,i'~<;.--,;i.'.t ! .!.!.-__..:.;i.:.....:.::.,.,_.•~••.:....~J_._._'_.----:...;;.t' I "".--=tr==========================d==:d E X H I BI T S PROPONENTS'EXHIBITS: 1- 2 - 0( z~3 - oJ>-til~4 - \IIQ, g 5 - f-~Z J:til 0( ~ .-l?hotocopy of Last Will and Testament of Rocco Botton~dated' March 31J 1969. Register of Wills Certification. Letter dated May 6J 1969,from Florence Lerum. Letter dated July 31,1969 to Marie &Family from Viola. Contract between Thompson Funeral Home and Rocco Botton, dated April l~1969. ! III I .:u c:f-til o .J0( U o::l., :c...~CONTESTANTS'EXHIBITS: <Ii l a: bJf-a:,0!0-j Wa:I I-[a:: ::J0~u i .J !0( ~,u!;;: }u. l 0 Il- t\- tI!~lt"•ii~ I A _Photocopy of Last Will and Testament of Rocco BQttonJ dated March 13J 1967. B .;.Washington Hospital records for Rocco Botton. I -, i I I I I j I• \- I! j IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY~PENNA. ORPHANS'COURT DIVISION HEARING ON PETITION TO DETERMINE TITLE TO THE HONORABLE P.VINCENT MARINOj Judge of the said Court. .'te .... v q No. ) ) ) ) ) ). ) ) ) PERSONAL PROPERTY OF DECEDENT BEFORE: Deceased. ESTATE OF ROCCO BUTTON~a/k/a ROCCO BOTTON~' IN RE: ie·~..... ceZ~..>-VIZZIIIII. i0I-Clz% ll)ce~ ~il-ll) Q,e ..,ceUQ :l"'l ~til ~APPEARANCES: ~II:oII.IIIII: l-ll::loU ~Uii:II.o BLOOM~BLOOMj ROSENBERG &BLOOM~ ESQS.}by Thomas D.Gladden and Milton D. Rosenberg}of Washington;Pennsylvania, representing the Petitioners. JOHN F.BELL~ESQ.j of Washington,Penn~., representing the Respondent. TIME:Wednesday,April 1,1970,at 10:00 o'clock A.M.,EST. FILED AUG301971 SUPREME COURT WEstERN Dl~tRlCt WITNESS I N D E X Direct Cross Redirect·'-FLORENCE LERUM 8 17 0(z STUART MURPHY..ESQ.19 230(~>-VI LOUISE A.HISCOTT 28 34zzIIIa.. i MARIE SELVOSKI 42 460..ClZXVI0(~ ~i..VIQ••,J0(6Q :l., :I:~III uiII:III..II:0a..IIIII:..II::l0U ,J 0(6iL...0 II 28 66 ------------------------------------------------ 3· ]fHE COURT: MR.GLADDEN: Mr.Gladden? Good Morning,YourHonor.Your Honor,we appear here before Your Honorable Court this morning on a Petitio which was originally filed in the Estate of Rocco Button,also knowr as Rocco Botton.Originally,Your Honor,a Petition to Determine Title to Personal Property of the decedent was filed with Your Hone r- able Court,at whiCh time our office,repres enting the Petitioner, Samuel Botton,a son of the decedent,requested the Court to set down a hearing to determine title to a bank account which was de- posited in Mellon Bank in the amount of $23,561.05.The origirial petition carried with it an order directed to Mellon Bank,directing them to freeze this account.Subs equent to the filing of that petition,an Answer was made by the attorneys for Mellon Bank, indicating that the account had been paid out to M!3-rie Selvoski and they were not able to freeze the account because they no longer.. had possession of it.Subsequent to that,a Petition was·filed by our office,rEe-pitl\3senting Samuel Botton again,to enjoin the use of these funds which were then in the use of ~arie Selvoski,and Yqur Honorable Court,in August of 1009 ~directed Marie Selvoski to refrain from using these funds for any purpose. The savings account which was the subject of this hearing~is designated as Savings Account Number 61-325.And according to the Answer of Mellon Bank,this account was closed 0 August 12,1969.The decedent,Rocco Botton,died August 8;1969. I believe that before we go into a hearing.Mr. Bell and I can stipulate as to certain ma:tters.First of all,we would request and would stipulate that the record taken on the prior petition in this matter in this estate,a copy of which the Court has and a copy of which both Mr.Bell and our office has,be made a part of.the record in this case.And we would so request. 4 the understanding.of course,that only that portion of the record which has to do and concerns the ma.tter at issue will be recognizee. MR.GLADDEN: ~~THE COURT: oJ>0-enzzIIIDo ieClzxenoC~ The stipulation is approved by the Court,with We believe,Your Honor,that the entire record bears on the question of testamentary capacity,of undue influence of confidential relationship,as well as the'account itself;and to the extent that confidential relationship and undue influence have a bearing on this case,we would certainly expect that the testimon the Court in making the determination on this aspect of the case. in the original hearing that bears on those facets be considered by MR.GLADDEN: uiIl:III~oDoIIIIl: l-ll:g THE COURT:u oJoCUii:II.o Very wep. We would also stipulate that the bank account l that was previously referred toiin mr{¥!remarks was.in effect at the time of the death of the decedent on August 8,1969.and was titled in the name of Roc.co Botton in trust for Marie Selvoski;that t was deposited in Mellon Bank,Washington Office,and that the amount paid out of that account at the time it was clos ed to the beneficiary of that trust account was $23.561.05. MR.BELL: THE COURT: MR.GLADDEN: That is correct. All right. If the Court please,before we begin our testimonlr, it is our opinion.based on the law,that the record that was previo~sly taken in this case meets the requirements set forth by the law to establish a confidential relationship.It is important that this matter be brought to the Court's attention at this time because ib<affects, in our opinion,the procedure that governs the hearing today.·In our opinion.and our opinion is based on the testimony that was previously introduced,the record shows that Rocco Botton went to live with the Selvoski's in February of 1969;that he l<e>ame to the·r home after being discharged from the hospital;tha t during the time he lived with the Selvoski's from February of 1969 until his death on August 8,1969.it is our opinion,based on the testimony that has been taken in the prior hearing,that he was under the manage- ment and control of Marie Selvoski and her husband.Not only did he live in her house,but the testimony reveals that during the time that he lived there she managed his affairs;that is to say the pension check which was coming to him was taken care of by her, deposited and spent for his benefit or for what ever purpose.but it was managed by her.That the testimony reveals that it was Marie Selvoski who assisted him in renting the farm that was the subject of the bequest in the Will;that during this perioB of time she was the guardian of his health,SO to speak,took him 0(z~g zZIIIII, ig.,zX Ul~ t Ec ~ij C::J., ~N uiII: E-0II, IIIII: l-II:::JoU .I0( ij ii:...o ------------,--------, to the doctor's because she wanted to do so,had him admitted to the hospital.He was discharged from the hospital and I believe that the hospital records that are a part of this record in this case now indicate thereon that Marie Selvoski was a relative of him, even in one instance I believe she is referred to as his daughter. Testimony reveals,uncontradicted testimony,the t she took Rocco Botton to the office of Stuart Murphy,an Attorney at Law,where Mr.Botton made inquiries about his affairs.She then took him later to Mr.Costa's office,an Attorney At Law in Bentleyville.That there is testimony in the record -that when the children of Rooco Botton came to her house to visit with their father they they were unable to visit with him alone.There is also testimony on the record that she brought him to Washington in July of 1969 for the purpose of attending a Workmen's Compensation hearing on a claim which Rocco Botton had for'miner's asthma. These and other aspects of the testimony we believe establish the fact that she did have a relationship with him. with which she was influential on his actions and on the things that he thought and did. In addition to that,the fact that Rocco Botton was an aged man,medical testimony reveals that he was suffering from an arterios clerotic heart condition;that he had a chronic brain syndrome and miner's asthma,tends to indicate this was a man who could be influenced.And Dr.Bonessi,who took the stanc, <CZ~g zZIIIII. ieI!lzXVI; t~c ".. <CUC:J~ said in his medical judgment that this man did suff er from periods of time when he was unable possibly to form an opinion.Based on that and on the cases which we have researched,we are of the opinion,Your Honor,that a confidential relationship can be assum d here.And if this is the case,under the law the beneficiary or the donee of an inter vivos-type transaction would be charged with the burden of proving that the gift was a valid gift.And in that res pect we feel that Marie Selvoski has the burden of going forward with the proof at this hearing. If the Cou rt please,I would refer to the case of First National Bank and Trust Company.versus Ratajski,39.i9 Pa. 419,and the case of Null Estate at 302 Pa.64.In the latter case, I am quoting now from the case,"When a confidential relation is established,the presumption is that the transaction,if of sufficien importance,is void and there is cast on the donee the burden of proving affirmatively a compliance with equitable requisites and thereby overcoming the presumption;he must affirmatively_strow that no deception was used and the act was the intelligent and under stood act of the grantor,fair,conscientious and beyond the reach elf suspicion;"And we feel that certainly thos e facts were applicable i in this case. 7 THE COURT:Mr.Gladden,are you asking the Court to requirl that your opponent proceed with the testimony? MR.GLADDEN:We are,Your Honor.Based on the presumption Florence Lerum that arises because of what we feel is established here as a con- fidential relationship in this record. THE COURT:The Court doesn't feel that that is the proper procedure.A confidential relationship may have been shown. That is all to be determined in the final analysis.The Court has lations hip proven.That is to be determined by the Court in the with the Court after all the testimony is in.We are not going to change the procedure by assuming that there is a confidential re- not declared that there is a confidential relationship at this junctur . All right,Your Honor.Would you kindly note an exception? And we prefer to follow the regular procedure where you must pro,e final analysis . your case.As far as the burden of proof is concerned,that rema'ns 0(z~~zZIIIDo ig Clzi:III; ti EQ... 0( UQ ::l MR.GLADDEN:., ~01 viII:E THE COURT:We do.oDoIIIII: ~::loU...0(u~FLORENCE LERUM IS CALLED AND SWORN. o DIRECT EXAMINATION BY MR.ROSENBERG: Q What is your name please ? A Mrs.Florence Lerum. Q And am I correct you are the daughter of the late Rocco Botton? A Yes. Q And you have previously testified in this·Court at the earlier heari g? A Q A Florence Lerum Yes. I will ask you again~however,your present address ? 4968 Knollton Road,Indianapolis,Indiana. Q A Q~z~oJ>-UIZZIIIlL ie AClzi~Q~ ~Aii:I-UIQ oJ0(UC a::l )., ~III ui0::III-I-0::olLIII0:: I-0::::l8 Q oJ0( U Aii:II.o That is where you had been residing when you last testified here? Yes. Mrs.Lerum,I call your attention back to on or about August,196 ~ and ask if you came to see your father in Washingto'n County at that time? I had. Would you state how you came to see him? Well,I always kept close contact with him.We were very close and I used to come to see him at least twice a year.And that partie lar month we talked on the phone and he wanted me to com e in.He said,"l want you to come in.II SO I was having a bite problem,but I came in anyiv'ay.because he begged me to on the phone.So when I came in I stayed with him,oh,I think it \Vas about two weeks. Now where did you stay? I stayed with my brother,Sam Botton.But he lived on the farm. He had people living there and I would see him everyday.In fact, came to Sam's house and slept there a couple nights,you know, then we'd go back and forth and visit friends that we knevh here around"you know.But that particular day when we were ready to leavel he said he wanted us to do a favor for him.He saia --- Q Who is us? Florence Lerum A My husband and my son was with me.So I said,yes,yo~know,we always did things for him like,you know,take him to the bank if he had money;He had cattle and he said to me,"WeU;"he said, • 0(z0(>,.I>OlZZiiiDo i 0..19Z ilI!0( 3= .,:u Q~l-ll! Q A•,.I 0( ij Q Q::l., % I:-Atil via:iiiI-a:0Doiiia: I-a:::l0U ,.I0( ij ii:IL0 ~Q A Q A "Y~:>u know I have these cattle here,"and he said,'lAnd I have this asthma.'I And I told him,and he always did what I told him.Him and I were so close,and I said,"Look,Pop,you can't handle this cattle."I said,"These pes>ple aren't helping you like they used to"" and I said,"You're just going to ha ve to do something about this cattle."I said,"Why don't you sell it and take it a little easier for yourself?'I Then what did he do? He sold the cattle. When? I think it was about two days before we were ready to leave.I didn't think he was going to sell it that fast,but he 'did.He called some man up he knew and he sQl:dd the cattle.And I think he got ov r two thousand or something.And he said he wanted to go to the bank. He said,"I want ya'u to do me a favor."And so my husband,my son and I drove to Washington here and went to the bank. Which bank? MeHon Bank. Then what occurred? So then when we went into the bank he told me,he says,"Come he e." And I went up with him and we went up to the teller.Am he said t FlorpnC'e I erum 11 the teller,"This is my daughter from Indianapolis,"he said,"And I would like to have my daughter's name onmy bank book."He sai~, "In fact,I want all my children's names on the bank book."And the teller told him that is not possible.You can only have one name on the bank book besides his.And I tried to explain that to him and Well.let's see,I was in that bank--you had to go over to a side Where is the vault located•.if you recall? a bit of money in the bank that day.So after that the teller gave me And he put quite a sum of money,he deposited quite name is on the book."And he said,"When my other children come And he said."Anytime you want the key,I'he said.I'you let me knew.'I I have a box there.I'And he saId,"And I have a key to this box." like.A nd he said,"This is the vault and in this vault is my box. to explain,so I went around to where the part was where you have t< in I want their names on it.."And she said,"I'm sorry;one name.I a receipt wit,h his account number 'on it.And she said,"Now your So he took my arm and he brou'ght me over to the vault. sign a white paper find I signed my name so it would be a joint acco ~nt with his. bank book."Well.see,he didnlt understand,so well but we tried he said,"Oh,no,"he said,III want aU my children's names on the 0 <z<>..J>-OlZZIIII\, i0I-elz %Ol o ~ ..=ua::I-~0 ..J<0 0:J.., :I:I:.01 ui0:IIII-0:0I\,III0:QI-0::J0 Au ..J<ij ii:...0 e and he said.l'Oh.just a minute."and then he said,"I want you to meet somebody."He said.III know this man rea 1well."He said he was the President of the bank.but I don't know why he said that. And I met Mr.Miller.And he said to Mr.Miller,he said."This Florence Lerum is my daughter.I just put her name on my book.."he said,"becausE I am getting old,"and he said:."You never know what might happen to me and I want my children to divide this money."So I met Mr. Miller and that was it and he said,"Well,you I ve got to go one mor:> place w_ith me." 12 ~Q z0(~A>-CIl ZZIIIDo ZeCIzxCIl~ t~CIl ~Q 0( §g A '"l ~(II iiiII:~oDo...II: l-II:::JoU oJCU~o W'nere was tha t? I said,"Where ever you want to go,you let us know,"because we' always did things.That was at the mines.And I don't know what he had in his mind to do there,but he said,"You drive to the mine," he told my husband,"I'll tell you where to go.I'We didn't know WhE re to go,so we drove to this here mine where he had worked. Is that at Ellsworth? In Ellsworth,that's right.So we had to see a man called Slim abou a beneficiary.When he worked there he had a $5,000 beneficiary and he told us he wanted to see Slim so we talked to Slim and he sa d, "This is my daughter from Indianapolis,"he said,"And I want to change my beneficiary and put my daughter's name on it."And he said,"My wife is dead,"and he said,"I'm getting old,"and he sai~, "is it true that he had $5,000 coming?So Slim explained to him th t it was only $250.00 when you retire.So my dad got real upset and angry,you know. Q Did he arrange to change the beneficiary to you? A Yes.He wanted t~change it.And then when he told him he only ha~ $250.00 coming when he passed away because of being retired,he Florence Lerum got real angry and upset.So I calmed him down.I said,"He's only doing his job.POp."I said,"You just can't.you know,do anythirg." Q Now this all took place in August of 1968? A Yes,August of 1968. Q Now as of that time.did your father know what he was doing and this? understand? A I sure did.I called them when I got home because we were on our he wanted to divide everything equally? Objection,Your Honor.MR.BELL: and I said I was surprised becaus e.you know.that he did this,and way home.I called them long distance and I told them what happenE d day and he wanted all us kids to have this. account and named you beneficiary,was it your understanding that Q Strike it.Did you inform your brother:Sam and your sister about A Yes. A Oh,yes.That was my understanding. Q Did you so express this to anybody? Q Was it your understanding,even though he put yourname on the bar k A Oh.yes.Because.you know,he said he was going to get old some ~z«>..>-UIZ ZIIIDo ig C!IziUI«3: ti0:l-UIQ..et:UQ :I., ~l\I uiIl:IIIl-ll:0DoIIIIl: l-ll::I0U..«Uii:IL0 e I said,"Sam,I want you to know that my name is on his book."I slid, I'He wanted all three names but it couldn't be done." Q But did you explain to him without going into detail tha t you expectE d to share everything equally? Florence Lerum A Oh,yes. 14 MR.BELL: leading the witness . THE COURT: Objection,Your Honor.He is I believe that is correct. Q Strike it.What,if anything did you tell Sam relative to how the ·e 0(z~A~IIIZZIIIII. ioI-elZ:i:III~ t Qii:I-IIIQ ..J0( U ii A::l., aiII:~A oII.~Q ~::lo·u ..J0( U AiLI&.o money would go? Weil,I told him,I said,"We went into the bank and he put my nam'" on the book,II and I said,"He wanted all three names,II I said,"S0 that will mean tha t we will have to share equally.He was thinking of getting older.II Before"at any time before April 1st of 1969,did anyone inform you of any change in the names on the bank account .at the Mellon Bank ? No one informed me,no. Did you have any knowledge of any change made in the bank account? No.I never had any knowledge. When did you actually learn that the bank account had been changed so thatyou r name was no longer on it ? Well,I can't remember exactly what day or what date it was.But I think it was in April.See,he was in the hospital,I think,in March or February,and he was still sick and he was failing fast then I think.I don't know how bad off he was.But I got the informa ion from my sister-in-law and she said that your dad was in the hospital, he was awful sick and we have to do something about it.And she said,I'you know,"she said,"We might as well get together and Florence Lerum 15 do som ething."And she said,Ilyou know,"she said,"I can't unde stand why he's at this Mrs.Selvoski's home."And I said---- MR.BELL:Objection,Your Honor. THE COURT:-The objection is sustained. Lester Miller? I talked to a Mr.Miller there. Yes.I called the Mellon Bank . I talked to someone,a teller there,and I told them who I was and Object to all this. The objection is sustained. MR.BELL: THE COURT: place and what have you. then they didn't want to give me any information;but when I gave them and told them that I was my daa's daughter and I had the bank account number with me,then they switched me to Mr.Miller. Is that the same Mr.Miller that you previously referred to,Mr. All right.Did you check with the bank? Yes.She suggested that because she wanted to know,you know,wh All right.Did she suggest that you check on the bank account? he went there and why he was so sick and we wanted him in aprope -Who did you ttalk to? Q 0(Az0(>.J>-IIIZZIIIa. i 0.."z:i:III0(~ ~Q..InC A.J0( Uc Q;:).., :t~01 A aiII:III..QII:0a.IIIII:..II:;:) 0u A.J0( U ii:II.0 e Q All right.Did you ask him? -LAThen I asked him.I said,"Is my name still on the bank book?I, just wanted to know."And he said,"No."Then I said to him,"Oh Ii'Ii And I said,"Well,how is it now?"He said;"!-m sorry,I cannot Florence Lerum give you any information.We cannot reveal this informat ion."So I didn't argue with him.I mean I thought that was the bank IS ruling. Q All right.Did you go to check on this anymore?Did you go back to the bank personally? 16 A 0(Qz~A.I>-UIZZIIIII. i0I-eIZ%UI; .,: lJii:I-UIC .I0( 0Q:::J"'l ~Q01 ui0:IIII-0:0II.III0:AI-0::::J0 QlJ .I0( 0ii:AII.0 When I came in in July and I saw my--- That is July of 1969? Yes.Then I saw my dad at the Selvoskils home and how they treate:l me and acted"then I got sus picious.A nd I went back to the bank. And I wanted to plead with Mr.Miller.I said to him""Please"if you can"just tell me." I said""My dad is very sick.He is falling very fast."And I said""I'm so wor.rie9 and concerned about him.' He said."1 1m sorry"I still can't reveal any of the information because it's the bank's orders."He said""I just can't tell you noth ng." All right.Tell me this:at about that time"didyou,ask Marie Selvoski if she was getting anything? Oh"yes. From your father? When I got sus picious I said to her""What are you getting out of this?My father is so sick.Look at him.It's pitiful."And she said to me""I'm not getting nothing."So I said to my dadL I said" "Are you paying this lady?"And he said"11Yes."Then I said to her""Is he paying you?"She said"liNo."I didn't know who to believe and they ordered me off.they said""Get out of here and don't touch him and don't you dare touch him and get out of here." Florence Lerum They threatened me and slapped me across the face. Q Now are you referring to the incident thatyou previously went into great detail on? A That's the truth;that's it. Q Would they let you take your father away? 17 has all been gone into in the prior pro.ceeding.It's T.he objection is sustained. 0(Az~zZbIII. i~ziVI; They told me I can't touch him. MR.BELL: repetitious. THE COUR T:' Objectionl Your Honor.This ti- Q You may cross examine.~ Q ~i3Q:J., ~til aiII:t CROSS EXAMINATION BY MR.BELL:oII.bI~Q This was in August of 1968? :J 8 A August of 1968 ..I:!u~Q Do you recall the date1the first or last? o A I wish I could. Q And your father's condition,you are saying was fine,his health? A He had this miner's asthma,you know1 but I mean he didn't have any other.Thatwas it. Q He got around unassisted then? A He got around fairly good,but he figured he was getting old. 'I"T .pY'llm 18 Q As far as his mental capabilities,they were also---? A They were better then than they were in January,I'll tell you the tr~th. MR.ROSENBERG:January of when? The Collins lived there. This is Marie Selvoski's mother and father? Right. bothering him . That's all.If the Court please,MR.ROSENBERG: All right.I have no more questions. My husband and my son. Who else was with you at the bank ? it having been stipulated of record that the account was changed an< '68 he was just,you know,feeling weak and sick and his asthma was Was anyone there with him? He was living on his farm becaus e he had that cattle. Where was he livir:g in August of '68? I asked you about August of '68. January of 1969 when I came back.A Q <C Az~.J>-01Zz QIIIQ, i0I-AI!IZX01 Q<C~ 13 A~I-!!! Q Q.J<C§ Q A:J., :J:l:Q.til vi0:III Al-ll:0Q, IIIIl:Ql-ll::J0U .J<Cij ii:II.0 we having shown how the account was before,the burden now shifts to those attempting to stand on.the 'Changed account and we would rest at this time. MR.BELL:Your Honor,the Proponent fee s that the testimony in the record in the prior proceeding,along witt the testimony presented today shows no confidential relationship, ~tuart Murohv 19 shows no undue influence,shows no mental incompetency on the, part of Rocco Botton and the Contestants have not met their burden. THE COURT:Are yourmuaking a motion to dismiss the--- MR.ROSENBERG:I want to be heard firs t,if ~that the Petition be dismissed. Well~if he wants to make a motion he can. I call Mr.Stuart Murphy. The demul'is overruled, Just to state our position. . .-t I demur,A.the evidence and On what? MR.BELL: MSR.BELL: MR.ROSENBERG: THE COURT: THE COURT: and exception is noted. I may. Q Would you state your full name? A Stuart E.Murphy. Q Where do you live? A 227 Woodside Drive,Was hington,Pa. Q And your occupation? A Attorney. Q Where do you ha ve your offices? <z<>.J>-Ul-zZIIIDo i~ziUl~ ~it..(/) ii .J<§c;:).., ~01 viII::~II::oDoIII~STUART MURPHY,ESQ.IS CALLED AND SWORN. II::;:) 8 DIRECTEEXAMINATION BY MR.BELL: .J<Uii:ILo l\iTurohv MR.ROSENBERG:If the Court please,we see 20 no reas on for repetition of thes e things.It is previously in the record. All right,fine.Mr.Murphy,you were the attorney for Rocco Botten? I did )egal work for Rocco Botton for.a number of years. MR.ROSENBERG:If the Court please,again, I have ju.st re-read Mr.Murphy's testimony and that was in there.I am going to object to any repetition that was previously in the record. Mr.Rosenberg,I am just trying to lead into the point at hand here, if you will wait a few seconds. MR.ROSENBERG:I have no objection if you are at the point in hand,but I see no reason for repetitioll. Did you see Rocco Botton in the month of March of 1969? I did. On how many occasions did you see him that month? Two. Could you give us those dates? To the best of my recollection,he was there and I have checked m. record in the office,it was March 12th and March 28th.. He was with Marie Selvoski,I believe you testified p~eviously. Both times. Was she in your office with Rocco Botton,that is during the con- versation you had with Rocco Botton? Stuart Murohv A She was. Q During this conversation did Rocco Botton mention any bank accoun s? A The second time he was in my office,which was on March 28th,he had came back about a lease that we/drawed up and at that time he talked about his bank account. Q What was the conversation? 0( Z AHe stated he was going to change his Will and put the bank account~~~"in his name and somebody else's name.I'said,"You can't do thatzIf i by Will.You have got to go to the bank and change it at the bank."e Clzi And I called the bank at that tim,e to find whether it was still open Ul; 21 I e Q A and whether he would have an opportunity if he wanted to,tbJmake a change.And he left the c,:>ffice. Now was this on March 28th of 169? Right. And did Marie Selvoski say anything to }JOmconcerning his bank acco~nt? No. Did Mr.Botton indicate who he wanted to change the bank account in favor of? He mentioned no names. Did he mention why he wanted to change the bank account? He made the statement that he knew the people were being good to ~~. him and he was going to be good to them. Q Now what was Mr.Botton's condition.his physical condition? MR.ROSENBERG:Objected to as repetitious. 22 THE COURT:The obj ection is overruled. There was very little said concerning that matter at the other hearing.It may be advisable to get more informatipn on that if any is forthcoming. MR.ROSENBERG:If the Court pleas e,I belie\e we were then determiningl which is a different issue all he was asked concerning that at the previous hearing as .to his condition.I think it's just repeating. together from the determination of title.We will permit Will you read the The issues were not theTHECOURT: this witness to elaborate if he can on the physical conditi(n of this person.Exception is noted. and there was a full opportunity at that time to go into it same at the first ,hearing in this Court on the matter that ~z~UIZZIIIII. i~zxUI~ tiii:Iii Q ~i3Q ::3., ~III ai0:~question please,Mrs.Hammond? o~~ 0:Stenographer reads back last question:"Now what was Mr.Botton'sI-.0:::3 8 conditionl his physical condition?"...~~A I could see no great physical change in Mr.Botton between the timEILo he had been to my office before and when he was there then.Mr. Botton hadn't been what you would call a healthYI strong man for several times that he had been in my office previous to this;but I saw no great change,no drastic change in his physical condition at all. Q Did he move ar mnd unassisted? Stuart Murphy A He moved ar.ound unassisted. Q And as far as his mental capabilities,did you notice any change? A No. 23 MR.ROSENBERG:Againl obj ected to"since he was specifically asked a.t page 275,"How about his 0(z~>!Ulz ZIIIII. mental capabilities?" THE COURT: exception noted. The objection is overruled; i~Q Did he appear to know and understand what he was talking aboutz iVI~and what you were talking about? .=~A Definitely. E~Q .And when Mr.Botton.left,did you have any idea where he was goin 0( 6g or was he going to the bank or did he indicate?., :I: 5A He left the office and I didn't ask him where he was going.I didn't IiII:E know where he was going.There was no reason to inquire. oII.III~Q Thank you,Mr.Murphy.I have no more questions. II:::JoU...~uii:... o CROSS EXAMINATION BY MR.ROSENBERG: Q Mr.Murphy,on both of these occasions,on March 12th and on March 28th,Marie Selvoski was with this man? A She was. Q She came into the room and stayed in there during the entire time thatyou talked to him? 1\ ~.(""11.d'...,u....,.'t'....cr:-,-...------------------------------;--- Stuart'Murphy Q On any previous occasion that he had come to see you.was Marie Selvoski with him ?over the years? A No.This.I think,was the first hmel on March :1;2.I think,was the first time that I met MaHe Selvoski.He had been in my office with other people at other times,but I don't recall Marie Selvoskils: ever having been in my office before. Yes. and the will and the bank account. This is going into matters already covered. berg? We don't have the question Objection,Your=Honor.MR.BELL: THE COURT: On the lease,I believe is when he told you about a.two-room house yet.Mr.Bell.Will you finish your question,Mr.RCE en On the lease is when he told you about a two-room house--- Now the things that you have testified today and the things that you ave Marie Selvoski about changing the will or changing the bank account? testified when you were last on the stand were all said in front of She was right there? She was right there when Rocco Botton and I talked about the lease etz~Q>-UlZZIIIII. i0I-elz~Aet:= ~Q 0:Iii QA·e ...cUQ ::l., SQ ai0:IIII-0:0II.III0: I-0:::l0U...CUii:... 0 e Q on the highway that you later found didn't exist. MR.BELL:Objection.Your Honor. THE COURT:The obj ection is overruled. A I don't recClll that I ever learned individually that it was;somebody Stuart Murnhv·25 told me later that this did not exist,but I didn't know it.I didnlt check it myself.I don't know whether it did or didn't. Q Tell me this.Mr.Murphy:were you suspicious of Marie Selvoski being the re ? A No.for this reason:I had no---there was.no indiCation by Rocco to that?. MR.BELL:No • your question,Mr.RoseIl;berg? he? He has the right to ask Objection,Your Honor.HeMR.BELL: THE COURT: THE COURT:Now is there any objection answered the question. another question.I don't know what it is.Will you ask He said he was going to change his will. Now wait.During this time he talked about changing his will.didn't Now wait';She was present. Botton what he was going to do or who he was going to name.:$z~Q zZIIIII. ieCJz %IIIet3: ti Eii ~6ii;Q ~III iiiIl:IIIt-Il:fIIIIl: t-Il:::JoU...et6~Ao Q And he said something about changing the bank account? A Right. Q And she was right there while he was talking about it? A She was. Q Didn't you suspect that maybe he was going to change things over to her? Stuart Murehy,:..<--1..;2:;.:6::..-._ A Frankly,no. Q Well,as a matter of fact,you yourself said you wouldn't draw the will right then"a new will.Isn't that correct? A I told him he would have to come back . Q .He was right there. That's right. discuss the terms of a change in the will. and changed it.I mean that he went to some other attorney. And give me the information,that I couldn't do it then. The objection is overruled. Objection,Your Honor.MR.BELL: THE COURT: We are going into matters already covered. Then you are aware that later she went to some other attorney stranger,go into the execution of changing the will;? I don't normally have people with strangers in my office when I So thatyou didn't want to in front of her"who you regarded as a Why would you say,"I'm not going to do it now,You'll have to come b k ?IIac. A~z0(~Q>-IIIZ Z1&1Q, ieClz:rIII0( 3: ~Il:t-III Q A ..I0( (; Q :J.., 5 Q viIl:IIIt-Il:oQ,~A t-Il::J8 Q ..I0( (; ii:II.o A I am now.I wasn't until after his death. ---Q Well then,you did have some apprehension or suspicions about discussing the changing of the will in the presence of Marie Selvos i. MR.BELL:Objection,Your Honor. THE COURT:The obj ection is sustained. The question is argumentative. ~~~_- Stuart Murphv - Q Previously,this may be of record,you had drawn a will for Rocco Botton. 27 A Q Yes,I had. But then when this last will was drawn,you who had been hi s attor ley for a number of years was not the attorney who drew it. I did not draw the will that was probat ed. I think this has all been gone into.It's repetition. And to go a step further,you told him that if he wanted to change ~z~-I>-(IIz Z IIIa.. i~AClzi~Q:= MR.BELL: THE COURT: Objection,Your Honor. The objection is overruled. ~ii:~!! Q A -I<og Q., ~w viII:~II:oa..III~A II::J 8 Q .I<o ii:AII.o Q it he'd have to come back.Is that correct? Correct. Now -Mr.Murphy,you are not stating to the Court thc:.t you knew M', Botton's pD:ysical condition in any technical sense onror about March 28th,1969? I said to all appearances. You didn't know---- I didn't see any big change in Rocco Botton's physical condition. But you didnIt know whether or not he had been in the hos pital prio to that. A No. Q And you are not representing anything other than general observat'f:m? A Just observation of his appearance. Q That's all. Stuart Murphy REDIRECT EXAMINATION BY MR.BELL: Q Mr.MurphYI on either occasion in the month of MarchI did Marie Selvoski give any instructions or tell you anything or did she tell Rocco Bot.ton anything? 28 A Not in my presencel nOI sir;she didn't say anything to Rocco MR.ROSENBERG:Not as far as I know now. MR.BELL:May this witness be permar ently Botton in my presence about the lease or wills Or bank accounts in ·e ~z~..J>-01.z~QQ, ioI-·CIziIII; ~~III jj ..J0( § C::l"l :c'I:N my presence . Thank you. MR.ROSENBERG: THE COURT: (Witness excus ed). excused?Do you need him anymore? That's all. You are excusedl sir. oj ll:~THE COURT:You are excused.ll:oQ, IIIll: l-ll:::l8 LOUISE A.HISCOTT IS CALLED AND SWORN . ..J0( ~DIRECT EXAMINATION BY MR.BELL: o Q Would you state your full name? A Louise A.Hiscott. Q And where do you live? A 208 North Avenuel Washingtonl Pa. Q Are you employed? A Yes l I am. Q By whom are you employed? Louis eA.Hiscott A Mellon National Bank and Trust Company. Q How long have you been with Mellon National Bank? A Nine yea~sJ approximately. Q What are your duties? 29 A Q :$zc(~AN>-(Ilz~Q ie A19ZxiQ ti Aitl-UI~Q c( U ii A:J., ~til Q oi0:~A0:oII.b1. 0: I-0::JoU... c( U Qii:II.o A Q A Q A Q I work with new accounts and also do secretarial work. Have you done this type of duty for the whole nine years? .No,sir.I have done it for five. Do you know or are you acquainted with one,Rocco Botton? I am acquainted with him. How did you become acquainted with him? I handled at'ransaction at my desk. And when was that transaction handled? April 1st,1969. Would you tell the Court what occurred? .Yes.Mr.Botton came to the bank.He was accompanied by Marie Selvoski and his purpose in being there was to change an account hE already had with us. Does he have a bank account with you? At the present time? No,at that time. At that time,yes,sir. Do you know when that bank acc~unt,the original one was taken out? I don't know.I don't know it off-hand. :J::)g you have your cards with you on it? Louise A.Hiscott A Yes.According to the cards I have with me the first account Mr. Botton opened with us would have been in 1952. 30 Q A e Q ~A z<I:>oJ,> UIZ Z IIIII. i~Qz:t~A~ .,:Q0itI-UI0 AeoJ<I:§ 0 Q:::l., :I:5 A viIll:IIII-Ill:0II.IIIIll: I-Ill::::l0 Q0 oJ<I:U Aii:IL0 Q-A Q Is that the 'same account? This was in---there are a couple changes.Do you want them all? Yes. This was opened in his own name individually;in August of '68 he apparently came to the bank ancl changed the individual account,maKing it joint with a Florence L E RUM. That was a joint account? Yes.Who,according to thes e records,is his daughter. Did you handle that account at all ? No,I did not. Were there any other changes? On April 1st of '69 he again came to the bank with Marie Se1voski and transferred the funds in the previous account to an account in his name in trust for Marie M.Selvoski. Now on that date of April 1,'68 'you talked to Rocco Botton? '69.1 sir. Or '69,I'm sorry. Yes,I did. When one is changing his account,is there any set procedure you use that you tell the customer? A I have a set procedure which includes a full explanation of the control of the money and the various forms and spell it out exactly 31 to the individual"what this means to him in terms of who controls the money and when and soforth. Q Did you explain this to Rocco Botton? A Yes,I did. Q Did he appear to you that he understood it? Yes,he did. What did he say? He wanted the money to be left to Marie Selvoski. This is obj ected to. The obj ection is overruled. Did he indicate to you how he wanted his account.changed? MR.ROSENBERG: Did he appear that he u~nderstood it? THE COURT: Yes"he did. ~OIQ aiII:EA fIII~Q II::JouA '.,1cu~Qo Was Marie Selvoski present at that time? Yes"she was. How long did this transa'ction take? I couldn't give an exact time.I would say perhaps 20 minutes. Did you explain to him fully what this meant? A Yes,I'did. Q Now did Marie Selvoski,in any way to your knowledge,coerce him or talk him into this? MR.ROSENBERG:That is objected to,Your I presum e that we are to iTHECOURT: Honor.How could she know tqat,having talked just to hi ? T 32LouiseA.Hiscott that the question concerns only the time that they are in her presence.And if it does she certainly.would be able to answer it. MR.ROSENBERG:I object to the form of the question.I wouldn't object if he asked whether she talked r.:e.adti~,please,Mrs.Hammond? or S om ething like that,but the form of the question. which she is not in a position to make,whether Marie Exception noted.You may answer the question.Will yOl.; The objection is overruled. What is obj ectionable about It calls for a conclusion THE COURT: MR.ROSENBERG: THE COURT: coerced him. the form? y0L:}1°"i.t «Z~zZIIIII. ie ClzXIII; tiiE..IIIQ .J«UQ .::1., X~.t-I ~\ ui 0:\!!Stenographer reads back last question:"Now did Marie Selvoski,in any W1 y0:. ~, ll!to your knowledge,coerce him or talk him into this?" .~ ::I8A Not to my knowledge. ~~Q Did he indicate to you why he was doing this?ILo A No~sir. Q Now during the time that you saw him,how did he appear to you? MR.ROSENBERG:This is objected to,unless this woman knew him as an individual previously.There is no background. THE COURT:The objection is sustained, r- Louise A.Hiscott 33 unless the question becomes more specific. Q Haveyou seen Rocco Botton before,other than this time,April 1st, 1969? No. You had not seen him before? Not that I recall. No. The objection is sustained. Objected to.It's irrelevant This is objected to,Your MR.ROSENBERG: MR.ROSENBERG: THE COURT: Well,at the time of the change,did you sus pect anything? him and could not know'what is in the man's mind. Honor,based on the fact that she did not previously kI?-0 Did he come into the bank and out of the bank under his own power? Do you have an opinion as to whether or not he understood,fully Yes,sir.' understood what he was doing? Did anyone assist him in any way? A 'Q 0(A Z0(>Q..>-UIZz AIIIII. i0 Ql-I-'Z X.UI A0(:= ti Qii:I-UIiie..0( Uii::J., :z:I; 01 uill:IIIl-ll:0II.IIIll: l-ll:::J0 Qu..0( Uii:...0 and immaterial. THE COURT:The obj ection is sus tained. Q Mrs.Hiscott,during your conversation with Mr.Botton,did you form,in this 20-minute period,did you form an opinion yours elf as to Mr.Rocco Botton's mental capabilities in this transaction? MR.ROSENBERG:Obj ected to. Louise A.Hiscott 34 THE COURT:The objection is overruled in this tra~s'action?" you form an opinion yourself as to Mr.Rocco Botton's mental capabilities as far as his mental capabilities to enter into a transacti ~n that he did is concernedt if that is what we are talking abbut. A May I have the question please? Stenographer reads back last question:"Mrs.Hiscottt during your oC conversation with Mr.Bottont did you formt in this 20-minute period,did Z~z:z:IIIII. i~A Well,no more than any normal transaction at my desk.He appeared z iCD~,perfectly all rightt mentallYt if this is your question. ~Q All right.Thank you.Mrs.Hiscottt does your bank have a policy..UI Q .I as to how many beneficiaries can be placed on an account? G gAY .~eSt Slr. % 5 Q How many,do you limit it to? aiII: III..A On tII:e per accoun . fIII~Q 1-ha've no more questions. II::JoU .IoCUii:ILo CROSS EXAMINATION BY MR.ROSENBERG: Q Mrs.Hiscottt could Rocco Botton read? A I do not know. Q Could Rocco Botton write? A Yes. Q Do you know whether he could write anything more than his signature? ~tt --=L:..:O..::u::.is:..e.:.....::A..:...:.....:.:H=i=S..:C..:O.:.tt=-J_~ I do not know. How old was he? I could not answer that. How much schooling did he have? I do not know. As a matter of factI prior to the occasion thatyou have testifiedl yo did not know the man. No. And all your testimony here is based on the short time that he came there and changed the account. That's right. You do this hu"ndredsl maybe into the thousands of times over the period that you have worked there. Yes. A rid it's.kind of a routine thingl is it not? No.It's not routine in that I don't pay particular attention to each onel if this is what you are inferring. That's what I mean. It's a daily task of mine. And it is something that's done very very often. Yes. You don't know the man's mental processes of whether or not he understood or not. MR.BELL:Objectionl Your Honor. --------------------------------------.----- Louise A.Hiscott 36 THE COURT:The obj ection is overruled. A Rephrase the question. Q You couldn't know and you are not representing to the Court. are you,whether or not the man could understand what he was doin;? When--- No. Becaus e it's been too far back? You don't remember? Let the witness explain. May I explain why? MR.BELL: I want a yes or no answer. You don't remember whether Rocco Botton used the words.place No.sir. I can't give it to you,I'm sorry.This has been a year. it in trust.those words? For instance.let me ask you something.Did he tell you to put it in trust?Did he use the words in trust? Ju.st answer that. Well.I must feel that he is aware of what he is doing when 1--- I can't.sir.I can't. e A Q :!z 0(>oJ>-OJz~Aa. i eQI!lz~A0(~ .=Q II:ן-m_.QQ oJ0( ijQA::l., :I:~Q iii~A II:0a.III QIl: l-ll:::l00 oJ0(ij Aii:...0 QeA THE COURT:You may. A Part of our procedure.I should say my procedure.because we hav'" various types of accounts.is to spell out in front of the people at my desk exactly what each thing means to that person,as I explain=>d Louise A Hiscott 37 to Mr.Bell,I believe,as far as the control of the money is concerned. .This is part of my job and I did this at that time. Q All right.Now again,I will ask you then,did he,as far as you rem ember"come in and tell you that he wanted it in trust? A ..=2QIt...!!!a...<ogA., :z:5Q viIt~AItoII.bI ItQl-It::loU...<oiLA...o Q A Q The recollection I have is that he came to my desk and want ed the money to become the property of Marie Selvoski. If that is your recollection,then why didn't you specifically do that at the time and put it in her name only? Because we explained the control of the money and this is the one .he chose. All right.Then you went into various explanations and you say that this is the way he chose • Yes,sir. And Marie Selvoski was with him at the time that you were explaini g? Yes,sir. She was actually right up at the desk sitting with IJim as you explain d to this man? Yes,sir. This man did not speak good English? No.I'd say he spoke broken English.He did not speca!k good English Do you have a good,clear recollection of this or is part of your testimony based on the procedure that you always use? A No,sir.I do recall.I do recall this. Q How good was his English? -----_._--- LouiseA.Hiscott 38 Yes. I cannot answer that. 1 know he wrote his name. I do not know whether he read them.I presented them to him. The witness has answeredMR.BELL: the ques tions num erous times . No. Selvoski coerce him into doing this ---you are not representing to Also.you wouldn't know---Mr.Bell askedyou a question.did Mari~ Could he read those papers that were presented to him? WellJ you don't F.now whether he could read or write? But beyond that.do you know whether he could read and write? papers that were put in front of him? In other words.you don't know whether this man could read the And at that time he signed whatever papers were presented to him? His English was broken.I would say.but his expression was clea In other words,you are saying that you can look at a person--- I didn't say his facial expression. A Q Q A Q e A :!Q z«>A.I>-UIZz QIIIQ, i0I-elZXUl A«~ ..=2 Q0:I-UI Q A.I«ij C Q:l., :z: /::.Atil ai0:IIII-0:'0Q, III0: 1-.0::l0 Qu .I«ij ii:II.0 the Court what she might have done out of your presence before they got there? A No.I answered she did not at my desk. Q All you are saying is right at the desk as you were sitting there ShE didn't coerce him. A That is correct.~I Q -=\-------~-~(,~.";. ---------------------------_.-._---.----- Louise A.Hiscott Q As you were explaining the account,was she sitting right there with him? A I think I already answered yes. 39 Q And did he discuss with her what he was doing or how he was going 0 change it? A You mean did he direct to her rather than to me?Is that what you :!z~mean?>-enz~Q No.Did he ask her any questions about this thing? II.'z~A Not that I recall.Clzi:~Q Do you recall exactly yes or no? ti A I do not recall the exact conversation,I'm sorry.ii:t-UI ~Q In other words,it's been a period of time ago and you are not pur- 0( Ug porting to remember exactly the conversation.., :E5 A To the best of my recollection,there was no such conversation, viII: \!!but I could not go on record as to tes tifying there was not.I do notII:oII.III II:recall any such conversation. t-Il:~8 Q This account was taken out,according to your records,in -l:ID52?..0( ~A Yes. II.o Q And it was in his own name? A That is correct. Q Then in 1968 he put his daughter's name on it in August. A Correct. Q That was a joint account between him and hisc@.ughter? A Correct. LouiseA.Hisc ott 40 Q Did you inquire as to whether this lady,Marie Selvoski,,was a relative or daughter or anything? A No.I beg your pardon,sir.I did not have it here.No relation. Q lr the Court please,I want to just look at the cards for a moment. This Marie Selvoski did do some talking to you at the time? I believe the account was cancelled on or about August 12th,'69, Would you agree with me that over the years the signature of this Because you 've got certain information from her which you put on the card. I mean I obj ect to the question,MR.BELL: 169,I'm sorry. Whatever is on the card wo uld be correct. man has certainly deteriorated between 1952 and 1959? I would necessarily ask her her birthdate and soforth. This is part of our contract,that is correct. It's on the CCBr'd here,on his death. Well,I am sure she must have. So she was engaging in some conversation with you. c(Azc(~Q>-UIZZIIIlL i0I-AClz i'UI Qc( ~ ti A~I-UIc Qe...c( (; C~., ~III A iiiII:IIII-QII:0lLIIIII: ~~0U...0(.2 II.II.0 Your Honor. THE COURT:The obj ection is sustained. Q We will ask you in a different way.When is his signature more cletar on these cards,in 152 or in '69? A I'm looking at them both,but they a re really not either one too clel r. You can spell out more letters perhaps on this one. Louise A.Hiscott 41 Q Let's keep it simple.Is the signature---and I'm only asking you as a laymanl not as an expert---is the signatu:re more clear in '52 than in 169? Yes. couldbbe here this morning if we have a short recess.We can this is all we have to introduce.Marie Selvoskil I told you the account and that was---I \I!asked her to bring those just Your Honor,Mrs.Selvosk We prefer to get it over Will the Court indulge us Your Honor l at this time Thank you,Mrs.Hiscott. No.We stipulated to theMR.BELL: MR.ROSENBERG: probably get this in before lunch. for her own information so she can testify as to dates .. MR.BELL: MR.ROSENBERG: a minute? problem,will not be here until 1:00 o'clock which was my error. MR.BELL: MR.BELL: And I have her to testify and that's all. (Witness excus ed). I think that's all. Mr.BellI are you going to make these part of the record? A .Q «z~.J>-UIZZ.IIIII. i0I-QCIziUI«~ .,:uiiiI-UI Q .J«ij Q :;)., :I:I::ClI iii 0:IIII-0:0II.III0: I-0::;) 0U .J«ij ii:II.0 e lit-.J with. THE COURT:We will recess for ten minutes. l Marie ~elvoski (The hearing reconvened at 1:00 o'clock P.M.this same date): 42 THE COURT: MR.BELL: Mr.Bell,you may proceed. Marie Selvoski. c( Z MARIE SELVOSKI IS CALLED AND SWORN.~~z DIRECT EXAMINATION BY MR.BELL:zIIIII. i Q Will you state your full name?ee;,z:i:A Marie Selvoski. III~Where do you live? R.D.#2 J Eighty-Four. And that is where at? Ontario. ~Q Washington CountYJ Pennsylvania?~~A Y .III es. II:1-. ~Q Marie,you testified at a prior proceeding in October of 1969J is u...~that correct? ii:II. °A Yes. Q I direct your attention to March of 1969.Were you with Rocco Bott n at Attorney Stuart Murphy's office that day? A Yes,I was. Q What date was thatJ if you know? A WellJ there was two times we was there.I don't know the exact dates. Q A Q A Q 0(z0(>A...>-UI Zz QIIID. i0I-A"ziUI Q0(~ ..=u AiI-UIa Q·e ...0( ija A::l"I :I:I::l\I aill:IIIl-ll:0D.IIIll: l-ll:::l0u Q...0( ij ii:A... 0 Q A Q A Q A I Marie Selvoski What month was it? In March. Of '69? Of '69. And on any of thos e occasions did Rocco Botton mention a certain bank account? The second time that we went there . And when was that.if you can generally state? It was the end of the month around the 29th.I'm not sure. Of March? Of the date.yes. What was the substance of that conversation? Well.he was talking about his will and then he told Mr.Murphy that he wanted to change his bank account.he wanted to take one name off of it.And Mr.Murphy told him he'd have to go to the bank and do that because he couldn't do it for him down there.so he called. Now did Rocco Botton indicate who he wanted the name changed to? No.He never said a word. Did you know who he wanted it changed to? No.I didn't. Did you say anything at Attorney Murphy's office? No.I never said anything to him.He was talking to Rocco. On tha t date did Rocco change the bank account? No.he didn't.He called the bank and he told them it was open and 43 Marie Selvoski he was talking--- Q Who called the ba nk ? A Mr.Murphy called the bank an~he was talking to the guys at the bank and he was talking to Rocco.AnE!he got the wrong impression of Mr.Murphy.So he didn't go up that day.He went home. And did he ever go to the bank? Yes,he did. What day,if you know? I think it was April 1st.I'm not sure,but I think that was it. Did you take him to the bank? Yes,I did,because he asked me to. And did you know for what purpose he was going to the bank? I knew what he was going for but I didn't know a thing what he-was going to do. In other words,you knew he was going to change the account?" Yes. Did you know whose name he was going to change it to? No,I didn't;I didn't have no idea. When did you find out? When I got at the bank. What took place at the bank? Well,we went in there and we went to this one girl and Rocco said "I want to take this one name off of my bank book."And the girl says,"Well,is your daughter here?"And he says,"No."So she 44 Marie Selvoski went and talked to this other guy at the bank,I don't know what his name was,but I know who he is.And he says,"Well.you know yop canIt do it if your daughter is not here."And Rocco says,"I '11 do what I want to do with my own money."He says."Itls my own monE y and ifyou don't do it I'll take it with me."So the girl went to see 451 I A Mr.Miller and Mr.Miller left him do it. And what did he do? Well,the girl explained everything to him,the different accounts. and what they were.And he said he wanted his daughter's name taken off and he wanted it taken off and then she says,"Do you want the account the same way as it is,?"because he said he wanted my name put on it.And Rocco says,"No,I'after she explained everytUng to him,and he says,"I want to leave it for her when I die."And that's all he said. How long did this transaction take place'? About---it wasn't very long,about 20 minutes. Did you talk to the girl at all?Did you tell Rocco what to do or what not to do? No.I never said nothing.She just asked me my name and address and I signed the paper ;and that was it.I never said a word to her. Q Prior to this time you did not know who he was going to put the name into? A No.In fact,I thought h'e was going to take ist off and that was it.but he told him. Marie Selvoski Q Did you know how much money was in the account? A When I was at Costa's office he told me. Q Mr.Costa's office? A Yes. Q And did you in any way influence Rocco to do this? A .NOJ I didn't. Q I have no more questions.Your Honor. CROSS EXAMINATION BY MR.ROSENBERG: Q How much money did he say was in the bank? A He said c los e to $25J 000 •.. Q You knew that then before he died? A Yes. Q I am wondering whetherjYou bothered to tell any of the three childr n that he had put your name on the account. A If he wanted to tell them he could have told them. QIf the Court please.I will ask that the answer be stricken as un- responsive and the witness be instructed to answer the question. 46 THE COURT:The answer is stricken as unresponsive and the witness is instnucted to answer onl the question that is asked by counsel.If you have any explanation to make.the explanation can be made after- Marie Selvoski wards. Stenographer reads back last qu es tion:"I am wondering wh ether you bothered to tell any of the three children that he had put your name on the account." 47 A ~z0(~Q ~>-1IIz~AII. i~Qz:t1II0(~ tA tt:I-!!! Q Qe..l0( § Q :l., :I:5 A aitt:III Ql-tt:0II.III Att: l-tt::l0 Qu ..l0(u Aii:II.0 Qe A Q No,I didn't,because he told me not to tell them.That's the reason I didn't. Rocco said not to tell them? That's right. Weren't you specifically asked by one or two of the daughters what you were going to get when he died? No.They never asked me nothing. Didn't specifically,Viola,when she spent some time w<ith~you,as Cl. you w hat you were getting? No.She didn't ask me that. Didn't you tell her,"Nothing,I'm just doing it because I want to?" That's right.That's what I told her. You said,"Nothing,I'm doing it because I want to.II. Yes. Now at the time that you said that,you knew in yotl.r own mi nd,you knew--- Yes,I did. That the bank account had been changed and you knew that you were going to get this money when-he died. A Yes,I did. Marie Selvoski 48 Q So that when you answered as you just aElmittedJ you lied to Viola. A Because he told me not to tell. Q All right.Then it would be correct then you are admitting here before the Court that you lied to her becausEl:::he told you to lie abou it. The question need not be answered. That's right. should,you just go ahead and--- Just a moment please. The objection is sustained. I obj ect to the word "lie".MR.BELL: THE COURT: THE COURT: I'm sorry. And also.am I not correct that Florence Lerum asked you what yo I object to the use of the word "lie.II were \gettlng out of this? Not that--- Thatwas--- In other wordsJ if somebody.tells you to tell a lie and you think you A She didn't ask me anything.She came up my house like a bUlldog saying I didn't take care of her dad.Whydidn't she take him then? .Q If the Court please,I ask that the answer be stricken as unrespons ·ve to the question. THE COURT:The latter part of the answ r will be stricken.The first part was responsive and will Marie Selvoski 49 remain in the record. Q All right.So that I have a clear record,did Florence Lerum ask yc u what you were going to get out of taking care of her father? A No,she didn't.She just told me that she knows I got a hold on him. And she kept repeating it.But she didn't say what it was. But he wouldn't leave. In the end;that was it. She tried to take him away. money from the bank when Rocco died? It wasn't iny place to because he told me th,at I should n ~t tell.told him. Isn't it a fact that you knew in your mind that if you told them they It was a promise that I made to him.If he'd have tqld me I would h vee Because I wasn't afraid. Sam was up tthere many times with Rocco alone and Rocco could ha~e Did you at any time tell §lam Botton thatyou were going to get this I left and they were up there for three hours.I wasn't even there. And you and your husband restrained him from leaving. from you,did she not?Just answer yes or no. As a matter of fact,she wanted in the worst way to take him awayc(Qzc(>...~z~l\ i~Qzi~A~ ~~Qt-ID ·e ~Ac(u gQ '"I :I:~N ai0::~A0::0II.III0:: t-o::::J0U..c(Uii:II.0 Q were likely to get with him and in his state of mind he would give it back to them? A No.Why didn't he stay down there 'iwhen he was there?Why did he leave?He had a reason for it. Q Now you answer my question yes or no ..Isn't it a fact that you I . Marie Selvoski 50 were afraid to tell them because you knew his state of mind and kne W that they would contact him and he wou ld change it back 7 six or seven months 7 You didn't care 7 Is that correct 7 No.I didn't. I object to the question;MR.BELL: it's immaterial. That wasn't the total time.I took that man everywhere and those Do you care whether you get this $23#000.007 kids never took him anyplace. Didn't you realize that the total time that you took care of this man didn't,it wouldn't bother me.I'd have still kept him. No#I didn't.And I didn't even care. If the Court please,will you answer my question7 Is it a fact or In other words#you don't care whether you get this $23.000.00. was from February until his death.which would be a period of abou If somebody gives you something.you're going to take it.But if he It was a promise that I made to him.I couldn't tell them. A Q e·A c Qzc>>!Ulz~AII. i~Qzi Ul; tiii..UlcA..IcU C::l"'l 5Q atII:III..II:0II.IIIII:..II:::ISA ..IcUii:.... 0 Q isn't it a fact that the total time that he stayed with you---- A Oh,yes.he stayed with me. Q From on or about February till he died in i&.ugust. A When he stayed with me.yes. Now if you were putting in a claim against his estate,doyou think ~~~~-<---- Marie Selvoski you did $231 000.00 worth of care? MR.BELL: THE COURT: .51 Objected to as argumentati e. The objection is sustained. Q Now are you telling this Court that you never discussed·with Rocco what he was going to do with his property? c(A I never did. Z~Q Never talked about it?>-UlZ~A Never did.And I didn't know what he was'going to do. %.~Q Now here is a man that was with you constantly from on or about zii February till August--- t A Y-es.~~Q And you have testified that he talked about his children and soforth. c( Ug A Yes .., ~ 1\I Q Now areyou testifying that you neverl you or your husbandl in your ai0:5 preseneel never talked to Rocco about his children? oILIII~A He talked about them one e in a wh ileI yes.But not about leaving th s 0::J-0u and thatl never once talked about itl never • .Ic( U~Q And you discussed what the children were doing with himl didn't o you? A They came up once in a whilel once in a great while.Florence and Viola never came until he was real bad sick. Q You made sure that you were around all the time with him. A No,I was noLThat is false. Q The man was sick,was he not? Marie Selvoski 52 A What do you mean,sick? Q Physically ill. 'A Well,you'd have to ask the doctor.I know he was sick,but not likE p.e was in the end. When is that? You don't know? he had kids. I don't know. Objection,Your Honor.MR.BELL: I'm jjlst saying what he said.No,I'm not. That's the first tim e I knew he was in the hospital.You asked me I want to know why did you starttgoing back to '62 or '63 with me? operation.That was in Brownsville.That's when his kids kept How many times was he in the hospital from--- That was in about '62 to 165,one of the three years.And that's the No.The first time I know he was in the h9spital,he had a real bad corning around.That was the first time. Are you bitter against these children? first time they kept corning around.Before that we didn't even knoVi e Q Aczc>Q..>-IIIZz AIIIII. i0l-e>z:t, IIIc~ ~QuiI-IIIQ A..:!luD~.., ~01 aia: :!Qa:0II.~A I-a:~0 Qu..cij t·0 A how many times. Q Specifically,when was he in the hospital fromDecember of 1968 until his death? MR.BELL:Your Honor,I object.I think this is --- Marie Selvoski 53 A I don't - - - - - THE COURT:Will you pleas e refrain fror~ talking while the attorneys are making motions?The attorneys make a motion and the Court is supposed to rule on it.But we can't rule on it while you are talking. Now let's see where we were at. again and the witness may answer. December of 1968 until his death?" is going outside of the scope of.my direct examination We are getting into m,atters It is outside the SCOP~I but Would you read the last MR.BELL: MR.ROSENBERG: THE COURT: the witness has herself brought the matter into the reclCir~ and we will permit the question.Will yourread the ques ti pn concerning the bank account. that were covered in the record.It's repetiti CUS,and thi~ ques tion? reads back last question:I 'Specifically,when was he in the :!z~oJ~ZZ\IIII. Zo~Stenographer zx~hos pita1 from~ tiii1I-~ C. oJ0( § C::J., :I:~(II ui0:IIII-0:oII.\II0: l-ll::::Joo oJ0( ij ii:II.o " (Stenographer reads back las t question):"Specifically,when was he in the hospital from December of 1968 until his death?" THE COURT:Do YO.u understand the ques ion? A Yes,I know the question. THE COURT:If you don't understand the question you may say so.If you understand the question () Marie Selvoski then you may try to answer it if you can. A I understand the ques tion.But I don't know the dates because I never kept track of them. 54 Q What did you mean when you testified that he got the wrong impre~sion of Murphy? A Because he said to put the bank account under his name. Under whose name? Under Murphy's name.And it made Rocco mad. Now this is something you testified before that Murphy suggested that he put the"bank account for Murphy. Leave it in trust for him,yes. For Murp~y? Yes.And it made Rocco angry,so he didn't do -it that day because he as ked Rocco,"Do you know what you are going to do?!'Rocco says,"Yes,I know what I'm going to do.'1 But he didn't say what.- You are testifying-.--just so we are clear here,that Stuart Murph v, a member of the Bar of Washington County,told Rocco to put the _money in his,Murphy's name or words to this effect? Yes.That's what he said.Whether he was joking or not,I don't know.But it made Rocco mad and he left. L __ Q And then a day or two later he went back to the bank? A Yes,he did. Q If you were so disinterested,why didn't you stay out in the waitin~ room when he went in to see Mr.Murphy? Marie Selvoski 55 A Because he didn't ask me to leave.He says,"You come with me~" And he even asked---Mr.Murptry said,"Do you want this lady to leave?"He says,'INo;leave her stay right there.". Q Since you didn't care what he did and it didn't make any difference,to you, don't you think it would have been a little more proper for you to rave hear the attorney object you just shut your mouth. the question.She's answered the question,in the first place,numerous times. If he would have asked me to stay there,I would have. Objection,Your Honor,to Just a mom ent.When you Objection,Your Honor. MR.BELL: THE COURT: He said--- MR.BELL: care what he did,don't you think in your own mind it would have the been more/proper thing to do to stay out of the room where Rocco Whether he asked you or not,if we are to believe that you didn't stayed out of the room? was making up his mind what to do? 0(z0(~A>-UIz ~Q ieoz Xen~ t~!!lc ..I0(og A., ~til uill:IIIl-ll:oII.IIIll: l-ll: :::loU ..I0(oii:...o Q I don't think so. THE COURT:No,she hasn't answered th's question.What was the question again,Mrs.Hammond? Stenographer reads back last question:"Whether he asked you or not,if v e are to believe that you didn't care what he did,don't Y<Dll1I think in your owr 56 ). Marie Selvoski mind it would have been more the proper thing to do to stay out of the roorr where Rocco was making up his m:ind what to do?II THE COURT:The obj ection is sustained. Q Now when you took him up to the banI,;.you took him over to where he was to transact his business. ~A No.He went where he wanted to go.I didn't take him. zc(~Q And you stayed right with him?>-Ol Z ~A Yes.Because he told rh~.He saysl "Come on with me." iol;Q And you have testified here that it didn't make one bit of differet1f0e:: z i:~to you.did it,what he did? ~A That's right.lI:I-III ~Q If that were the case,why didn't you stay away from him and let hilip c( §g transact what business he wanted to?., ~ [;j A Be cause he told me to go with him.That's why I went and otherwis p uilI:IIIl-ll:0II.III QlI: l-ll::J0 Au ,J c( ij Qii:IL0 I wouldn't have. You would do whatever Rocco told you? Yes. Did you go home and tell your husband that this $23.000 was transf rred so you were going to get it? A I didrrt know a thing about it,knowing if I was going to get it or not Q Wait.Are you telling us that you were present with him at the bank when he put the account in his name in trust for you and you didn't know you were going to get that money? A It wasn't in trust---I mean at the time.This was when he died. Marie Selvoski Q Now you know what I'm talking about.At the bank did you or did yo not know at that time that he had put this money in trust for you? A Yes~I did.When he died you mean?That's what it said on the acco~.mt. Q Do oyou understand the question or don't you?Do you understand it Becaus e I will repeat if you don It unders tand. 57 Ie A:!z«~Q>-IIIZZ III0. i0l-I!)ziIII«3: ~Aa::I-!!! Q Q'.. «(; C::I'"I Xt:.AN oja::III QI-a::o.0.III Aa:: I-a::::I0 Qu..«(;AiLIL0 Q A Q A Q A Okay.Repeat it. I am talking about at the bank;not when he died.Did you or did you not understand when you accompanied the man to the'bank when he changed his account,did you understand that you were going to get it when he died? When he died,yes. You knew that he had changed'it·in trust so thatyou were going to,..~ get the money? When he died.That's what he told me. You knew this? Yes. And did you go home and tell your husband that? Not right away I didn~t. Did you tell him at all ? Yes~I told him. Your hus band knew this? Yes. Then the man lived from on or about April 1st until August? Yes. Marie Selvoski 58 Q And on numeroUS occasions~various of his children came to the ho pe. A The only one come was Sam and Beryl and that wasn't that often. Beryl didn't come~in fact~until she called one day and told me to tell Rocco she was coming. Q ::!z0(~A>-UI ZZIIIII. i 0l;Qzi~A3: ..=u Qii:I-UIQ Ae,J0(6Q Q:::l., xI::01 ai0:III AI-0:0II.III0: I-0::::l0u Q,J0( 6ii:A...0 That answer isn't correct~is it,in that Viola came and spent a day and s pent overnight with you. This was in July when he was bad sick~the end of July,fifst part of August.That's the only time. And Florence was there? No.She just come tQ;tc.a.uste a big fight,that was it,. Was she there or wasn't she there? No.Yes.When she came to argue~that was it~on my porch. And on all these occasions you just kept quiet,knowing that you were going to get this money? Like I told you~he told me to make a promise not to tell'and if he wanted to tell,it was perfectly all right. And it didn't make any difference to you whatever he did? That's right,it didn't.Whether I got it or not,I didn't care.If he wanted to tell them it was his business. Q You are telling the Court that out of the goodness ofyour heart you took care of this man? A That's right.. Q Is that right? A Yes. Marie Selvoski 59 Q And you are saying that the fact that you were going to get $23,000.00 and the farm didn't make any difference to you? ·fA No,it didn't. Q Do you realize that this man was on good terms with his children for some 45 years? A No. A It wasn't true. General Hospital. Q Not true,is it? The objection is overruled. Objection,Your Honor.MR.BELL: THE COURT: ever came around,really,was when he was in the Brownsville when my dad and mother lived at the farm but the fiil7'St time they Will you read the question,Mrs.Hammond? childre~for'all thes e years,didn't he?,'- A No,not really.He'd say good and bad about the ill.Once in awhile Stenographer reads back last question:"In other wor<;ls,he hated his Q In other words,he haated his children for all these years,didn't h"? :!zc(>..I>-UIZ ZIIIII. i0I-ClZXUIc( ~ t-=uitI-UIiie..Ic( Uii:J., :t~N ui lI:IIIl-ll:0II.IIIlI: l-ll::J0U ..Ic( Uii:II.0 Q All these years you were closer to him than his children,weren't.ou?. A All the years that I knew him,I certainly was.And Beryl knows it because she even told me that Rocco really likes you. Q And when he former.TI...whad put his daughter's name on the bank accc~rilt this must have been a mistake or something. Marie Selvoski MR.B:E)IJL: A I didn't know nothing about that. THE COURT: Objection,Your Honor. The obj ection is overruled. 60 Q You want to leave this Court with the impression that over the year this man wasn't friendly with his own children?Is that the impress on c(z iz Z IIIII. i~zxUI~Q you want to lea ve? MR.BELL: Your Honor. THE COURT: Please answer. Objection to that questionJ The obj ection is overruled. ..=~A I'm not up there all the time.All I know is when I'm up there l-UIii~certain times;what he says,and that's it. U~Q Please read her the question and I want a direct answer" ~~Stenographer reads back.last question:"You <want to leave this Cou'rt wit UI 0:III~the impression that over the years this man wasn't friendly with his own II.III~children?Is that the impression you want to leave?" 0: :Io~A Yes. c(u~Q But you don't know,or I will ask,do you know what was his will'o before it was changed?Who did he leave everything to? A Mr.Murphy read it in his office and he said he left it to the kids. Q He left it to his children? A Yes.That's right. Q Whose name was on that bank account before it was changed? A Like I said,I didn't know until the day we went up there. _____--iI--:---IJ1\V.LJTr,!'la.;I....t:.:i.LEip~8.e.L\LO.S.k,.....i·__~-----------~-~6~1'-_ Well then,what did you find out? Well,what you know.Her name was on there. Who is her? Florence.And she knew it was taken off because she called the ban~. Your Honor,I ask,starting with the w0rds "she knew",be stricker from the record and the witness be asked to answer the question. THE COURT:The portion of the answer requested is stricken from the record.I believe the question has already been answered.That was an additio ~al fl9Jrt that she volunteered. What year did you get married? 12 years ago;that wo'uld be 1958. Soon after that you left and took up res idence with your husband. I stayed at'the farm for over a year"my husband and 1. After a year,that would be '59~you left and lived with your husban~? Yes.But I was up there everyday. Why did you answer, answer that? "'I'But I was up there everyday;'Why did you My mother and dad lived there. Did I ask you how often you were there?Did I ask that question? You're trying to say I left the farm,but I didn't.I was up there practically everyday.Or they'd call for me. Q Did I ask you that question?I want to see if you understand.Did I ask you whether or not you were there everyday?Did I ask that -'1 Marie Selvoski 62 question of you? A No.But you said I left the farm but I didn't. Q Did I ask you? MR.BELL:Objection,Your Honor. It's arguing with the witness. No.He did what he wanted. Yes • No,he didn't. He didn't listen to you? Yesl I think that is argume Itative.THE COURT: We will.sustain the objection. And you wouldn't have cared,would you,if he just had walked out till August of '69. the only period that he lived with you was from on or about February Would Rocco listen to what you told him during those months? That he lived with me,yes. And are you telling this Court that---strike that.Of that teh years After 1959,Rocco Botton lived another ten years.Is that correct? ~z<>oJ>-UlZz QIIIII, i0 A..CJz:clJl Q<~ .,:u ii:..lJlCi oJ<U Ci A:J., :I:t:.QN aiII:III A..II:0II, III Q•II: ~:J0 Au oJ<u Qii:II.0 of your house and left? A That's right.I wouldn't have cared. Q It wouldn't have made one bit of difference? A No.He asked to come to my house.I didn't ask him. Q If he had just picked up and leftl that would have been perfectly finE with you? ----------------------------------,------------- Marie Selvoski 63. A That's right.I even asked him in front of his daughter,I said, "Rocco,if you want to go,I'll pack your things and you are welcome to leave."And he wouldn't leave with th~m. Q Yet you and his daughter got into an actual fight there,didn't you? MR.BELL:Your Honor,I object.We are getting outside the scope again. Did I ask you why?I said did you.get into a fight. that's already been covered in the prior testimony. I waah't there in the beginning;my husband was there.When I cam Your Honor,this is a matt r The objection is overruled .The obj ection is overruled. MR.BELL: THE COURT: at this time. Your husband was there at the time? Yes,because she accused me of not--- Yes,I was telling you why. THE COURT: Answer it. This is testing credibility. c(z~Q>-UlZZ IIIII. ie Q!!lZi~A ti Q~Ul Q A ..Ic( § C::l.., 5 viII:5oII.IIIII: l-II:::l8 Q ..I~o~A o up she was shaking her finger at him and yelling at him. Q And saying that she was going to take her father away? A I couldn't hear everything.Yes,and my husband says,flU he want to go,you ask him.You're welcome to take him." Q Isn't it a fact that you and your husband absolutely restrained the man from leaving? Marie Selvoski 6~ A We never.did.And I never would. Q Did Rocco ever tell you that he had SUPFlienatural powers? MR.BELL:Object,Your Honor. Q I'm testing her credibility. THE COURT:The obj ection is overruled. No. like that? things? line of questioning is getting irrelevant. Your Honor,objection.Th s The obj ection is overruled. MR.BELL: THE COURT: No,nev'er.&Ie never said that. I think not,Your Honor. Did he tell you that,"I am Jesus Christ;come back,"or somethinlE Yes,could heal some people;not everybody. But did he say that he had powers like a God and could heal people? He didn't say he was God.He helped people. Do you know what supernatural powers are? All right.Did Rocco ever tell you he was God and c:ould do strange What do you mean by that?A~zcC~Q>-Ul Z~AII. i~Qz i:IIIcC~ ~A II:I-UI Q Q..IcCUQ A::l"'l :t~QlI/ uiII:IIIl-II:0II.III AII: I-It:::l0U ..IcCUii:II.0 Qe Q Did he tell you that he had ways of healing people that others could not do? A Yes,he had certain ways of doing things,but you can't ask me ho"" because I don't know.All I know is he blessed himself and put stuft Marie Selvoski 65 in a dish and it would go around and he'd cook weeds.He had certaip. remedies of cooking weeds and giving it to the people.Thatrs all I know. People would come and he would give these things out ~r~m your house? Well,Joe Lorenzo came up for weeds one time for his wife's poison.He didn't know what kind they were so he took Rocco down the road to get them.So Rocco got them for him and brought them up to my house. People came from Pittsburgh to get these things? They came but I left because I figured it was none of my business what they had to say. Did Rocco ask you to leave? they No.But I figured three ladies"that 1/e wan ted to talk to him,it wasn't .my place to stay there and listen. But you didn't leave the attorney's office when it wasn't your busine~s, did you? He didn't ask me to.If he would have asked me to stay there I would have stayed. But when these people came he didn't ask you to leave,but you just left • A I went down to my neighborts.I figured it would be all right to go. And I came back and talked to the women. MR.BELL:I know the Court has another Marie Selvos ki hearing at 1:30 and I have a couple questions. RE-DIRECT EXAMINATION BY MR.BELL: 66 Q ~z~.J>-IIIz~Aa.. i~zx~Q ~ ~Ait ""!!!Q .J0( !:! Q Q:::l., :tSA Mrs.Selvoskil the ten years after you were out of the farm and got married and prior to Rocco coming to live with you in FebruarYI '691 in that nine and a half year period,didyou see much of Rocco? Yes.I saw a lot of him becaus e I would go up to the farm quite ofte We would go out in the fields together and all that. Would you do th~ngs for him? All the time he always called for me.My sister lived right there and she wouldn't do it and he always called for me. This is during that nine and a half years? Yes. viII:~Q I have no more questions. II:oa..~MR.ROSENBERG:Is that the sister that testified in this case before? l-I::::l8 A Yes . .J0(oii:ME.ROSENBERG:That is your sister Frances? II.o A Yes,it is. lVIR.ROSENBERG:That's all. MR.BELL: THE COURT: That's all we have..Your Honor. We will adjourn. (Proceedings Closed). Testimony transcribed -April 8,1970 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 cause,and that this copy is a correct transcript of the same. The foregoing record of the proceedings upon the hearing of the above cause is hereby approved and directed to be filed. ---------------------------------.-------" IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION HEARING ON PETITION FOR CITATION OF MARIE M.SELVOSKI TO FILE AN ACCOUNT IN THE ABOVE ENTITLED ESTATE ~z 0(~>IIIZZIIIQ. iot-OZ X,Ill 'C:= :IN RE: ESTATE OF ROCCO BUTTON,a/k/a ROCCO BOTTON, Deceased. ) ) ) j ) ,) ) } ",~':1 ,._(.')C..,~;.-,-~~.-...:.::.\..,,~~-~ ".-".- No.63 -69-9(j 7-~-.-" f _....._. ~r • ""I ....."-.'"---- - """.l ) BEFORE: APPEARANCES: THE HONORABLE PAUL A.SIMMONS,Judge of the said Court. MILTON D.ROSENBERG,ESQ.,of the firu Bloom,Bloom,Rosenberg &Bloom,of Washington,Pa.,representing the Petitioner,Samuel Botton. SAMUEL L.RODGERS,ESQ.,of Washingtor, Pa.,representing Marie M.Selvoski. March 4,1975. -" .',lo. ,~....f _*'~~...,/0 ";•,.....~f"9,-'_I _".I '...."I ,.I.~.•",..,;!,....,''J',I :It 1.'Jt,r ,I'',i tit '"..~..;,.,-.,I'\;,t....b.'•1..·,""~.. ;.. .I JAC9U~LItJE HAMMOND t •Offlcla"l'iCourt Reporter If Orphans'"Court Division -------------------------------....----~ MR.ROSENBERG:If the Court please,I believe that I represent the-moving party here,which is Samuel Botton,Executor of the Estate of Rocco Botton.Now if the Court please,this hearing comes before the COUlt on a Petition for Citation of Marie M.Selvoski to File that he had given her his bank account in his lifetime. to be as brief as possible,but I'd better say a couple words on the background. Rocco Botton had died August 8,1969. At the time of his death,it was alleged by Marie Selvo<ki :5z~~>-III Z ZIII0- ioI-el Z J:III"E~ an Account in the Above Entitled Estate.I will try It was an account of some,twenty-three and a half giving all of his real estate to,I believe,her childrEn. Your Honor:~is this thick.The case has been to the ,I ;f i ......ISuprem~'Cour~,twice;'"'?utto shorten it all up,first of all,this Court set,aside the giving of the bank •'.",~'..,I 1,• account in the lifetime.Why they divided the case as And also,she appeared with a Will, And my file That went to the ~;;d'Iowa. the matter,Sam Botton.j.~ they did,I don't know,but it was. thousand dollars. ~uii:I-III C .I~ UC ~,~",The three Botton children fought ,..<,"/'.l ..,...'-~r . Nt I .•f ,~,"'I '4-•l J.4 t ,,:.'of '(I'ti",.:,,'~'and'.ilis,Jwo·.s,istey,s from·Indiana' iii:IIII-~IIIll: l-ll::::JoU .ICUii:...o I - Supreme Court and was affirmed.Then this Court, strangely found the other way on the real estate,and that was taken to the Supreme Court and set aside,so that eventually all of the assets,the real estate unde the Will,the bank account,all went to the Botton chil reno Now that is completed up to this point 3 The final Opinion of the Supreme Court came down,I have it here,November 22,1974,and as I said,reversed this Court.And Sam Botton then,under the Will,another Will of his father,the then last Will,took out Letters of Administration and is in the process of administering the estate. a simple letter to then John Bell with a copy to Mrs. MR.ROSENBERG: 0( z0( ~THE COURT: Ulz~.him?II. iot-elZ XUl 01( 3 Have the assets been delivered over to No.That's the point.Now I wrote a letter wh{t~I refer to in my Petition,requesting, Selvoski,in which I attach,I think,a copy,perhaps I didn't---yes,I did---a letter,all I said is,"Dear ,,, herein please~find copy of Petition and CitationU--no,1hat ','~~"~t ~•.":-r ~,..,~IJ •I .,.II",I ."Ii ~f r~..j t ,•~~',J ,f;'"•~/~,as 'the'~Petitioi{~and Ci~fat:ion'{~'b"ut'b'efore""that,I wrote Enclosed(This was written July 30). I got no answer at all.So then I filedtheletter. this is par.~g~aph four'~"YC)~r Honor,reques ting that she . •...~J'"'''I,~..',.r~.~', file a completed accounting.•of the income ,expenditures,""'~""~.(-t "r·.~.\.~.. .,'.\•1 '.• •~'t 'and present'balances wi thin 15 days of the receipt of Mrs.Selvoski: this Petition in which I allege that we'notified her by letter to file an a ccount and I averred in this Petitior that we gave her notice as the Court required,and John Bell a~so,although Mr.Bell is out of the case,I understand.Mr.Rodgers is now the attorney. And here is what the Decree says,Your 11 Honor.IIAntl.";Upon Mar ie Selvoski"s tailure to answer sai Rule (And it was returnable today,and it was stated t~ere would be a hearing today),or failure to file an ,accounting,the said Marie Selvoski shall be declared i~ , ~'.~f !,%'I....f«It > oJ>-UIZZ \&III. ioI-oZ xIII'C~ prop!ems.we had"wit-h'Mrs.Selvo ski. ,4 ~"'J f 1,..~4·~~~." I haven't gone into the in this thing,although ..'.. Don't you think we ought to do this, I, Now;I don~t know why there's been no4~_,".:~..'J ~~';.',..~,;.•.~".,",,,i.,..".J,//,,.,.the're's 'been n'o ac·counting.I don't ",.. thin~L'have been vindictive,'~'..- "'",~..,.,~,'10.,:•r ~>.the h~sto~y 'fs/unbelievable.~(,.'~.. contempt of Court." THE COURT: '..' ,. if you will---don't you-think Mr.Rodgers ought to enter his appearance,number one;and number two,tell "us,does he have a defense to this;and number three, perhaps we can make an adjustment or conciliate the matter. MR.RODGERS:Well,Your 'Honor,.I am not certainly going to say that Mr.,Rosenberg shows vindictiveness, estate were;basically,the assets were a farm,which is a very valuable farm;I understand now they are -'----tt---------------------!-~ ,... testing for coal;and there was about $23,000.00 in a totten trust. THE COURT: .. Where is that money? MR.RODGERS:$15,000.00 of ~that,a little over ::z 0( ~>-IIIZZ III II, ioI-ClZ J:III0( 3: $15,000.00 was returned;a pick-up truck and a camper was returned.Judge Marino had a full hearing on this. Mrs~Se1voski had been advised by attorneys and bankers to withdraw the money,.that there was no problem with i • Judge Marino,I think,on one occasion had her over~in jail for a few hours.But here is the point,Your Honor to four thousand dollars from that totten-tru~t Rosenberg:as I see it,there is approximately three farm going.He's expended money. MR.RODGERS:What I am suggesting is this,Mr. That has nothing to do with this. we have,we feel,a legitimate claim.Both of these parties spent a great deal of time and effort nursing this.man,gIvIng him room and board before he die~.Mr. Selvo ski,fpr;'years,kept all the equipment on the MR.ROSENBERG: aill:IIIl-ll:oII,III 0: I-0:::lo U ..I 0(oii:lI.o .,: !:!0:Iiic .J0( !:!c ::l.., x......(II which is not accounted for.Now they tell me that they spent money on seeds and they put in water and pl~~bing, they paid taxes for a couple years.There are some orders like that.I really feel that the sensible thin~ here is to wash out these claims at this stage. O'.- "I '"t'"·•)I .•.._.';., THE COURT.:Don't you think what she should do, I am speaking of how to approach it,this is just a suggestion from the Court---don't you think what they really should do is file an accounting like a stewardsh p shape. and then file a claim in due course against the estate beginning,,they evaluated their chances,they were history.What I am suggesting.is these people have •(,...<a-~.A \,Or if there are equities ...#,1 :' Don't you think what they've got to Technically,I think you are right. spent a lot of money fruitlessly on this thing. other money.At one time,as I understand it,at the Murphy testified on her behalf.These people have gotten a farm,which is worth at ~east $50,000.00,plus this want to go into past history,but Mr.Costa and Mr. As a practical matter at one stage,and again,I don't that procedurally,the record would be in much better \<..l'.,.~;,..- willing to sell it for $10,000.00.That's all past which ought to be observed,then it would seem to me '1ot..~,~r~~ .,foy.:·a~Yr.s~fv;rces'±:e~.ge!ed; THE COURT: ." MR.RODGERS: t ~.'z~>..J>-UIZZWll. i0I-elZ :tUI~~ ~!:! 0:I-UI C ..J~ U C :J.., :tl-t-C\I iii0:WI-0:0ll.W"0: I-0::J 0U ..J~ uii:II.0 do,if they have a rightful claim,they ~ave to proceec to collect it in the rightful manner.In other words, precedurally. MR.RODGERS:Yes.The problem is,Your Honor,they took care of this man,they were very close to him. •.< ,....(.7 ..The~did not put down,you know,everything.' THE COURT:We understand this.But let me say thi --- MR.RODGERS:I'm saying the sensible thing is to wa~h it out.If they don't want to do that,we can go ahead nd 'try to reconstruct this.I a lot of problems and inconvenience,why not give her, subject this woman to contempt proceedings and cause accounting.After the accounting is made,rather than number one,no doubt about it,on the face of it,there is no answer to this Petition.They are entitled to an· Let1s suppose she files certain Let's do this:it seems to me that certain equities. say,ten days to file an accounting.Now let's suppose she says that she made an agreement on the.land for 'THE COURT: :5z0( ~>IIIZZIIIIl. ioI--~Z XIII0(:: ..:u 0:~ Q .J0( Uo ::>..., :I:l-I'-N ui 0:IIII-0:oIl,.III 0: I-0:::>ou .J-e u ii:lI.o claim for certain services rendered,whatever they might be.All those things can be done in du~season. MR.RODGERS:I cannot go through this record in ten days.A lot of this was covered in the testimony. We would need a transcription of the rearing. THE COURT:When did you get into this case? MR.RODGERS:I got into it,I think in the latter part of January. THE COURT:In other words,it's been about a mon h. Would you be willing to give him some additional time to file his accounting? MR.ROSENBERG:Sure. MR.RODGERS:We'd also need a transcript of the las hearing of Judge Marino,because at that time it appear that Judge Marino was washing out the matter of the accoun;ting for the totten trus t." <z<~ ~III Z ZIIIII. ioI-eI Z :rIII<~ MR.ROSENBERG: MR.RODGERS: Not at all. We will need the record.They are mUCl more familiar with the assets.They know that Mr.Pleve who lived on the farm.hasn't been paying any rent. Basically,the only asset they already have. THE COURT·:It seems to me,,for example,that just iiia:IIII-a:oII.IIIII: ~ :JoU oJ<i3j;: II.o getting right down to one specific thing,that assuming, just for the sake of argument that your people have a legitimate claim against this estate,assuming that, just for the sake of argument,that doesn't forestall their duty to account.You see,they've got to account for what they,did with this money.Then if,in due season,it is proved and demonstrated that there is a claim that-they have that should be honored or arranged ' Now if it's a problem.(,tt or compron;ised,w~will!do this. '....'"4 _..:~.•.,/.~··t ......-•"'t·~"'.it "'could btL I do .tli~y.,have 'the 'money?ds it the fact -f:.-.r _'~"..t I''"•'.'"<.. ,- they have-spent the money and don't have it? ",f •I.,.I .,- "~'-.t<t ,~. --------------------------.---------, In MR._RODGERS: THE COURT: They are out money on this. What 1 want to know,basically,straiglt out,is tit a fact that they do not have the money to turn back?Let's start off with that premise. MR.RODGERS:That's right,Your Honor,because $15,000.00 of it was returned to them.They have spent other monies for seed and taxes and repairs. THE COURT: MR.RODGERS: That would be part of the accounting. One thing we have to know,Your Honor, is the status of the balance in that original totten trtst account. MR.ROSENBERG: MR.RODGERS: 1 will give him anything that ,1 have. 1 understand from Mr.Bell,and 1 was only able to confer with Mr.Bell this last week,1 understand from Mr.Bell it was his understanding,and 1 don't have enough from that hearing,that Judge Marino was ~atisfied,.so far as that accounting is concerned. THE COURT: the problem. MR.RODGERS: Judge Marino has been reversed;that's He was reversed on the Will,but this f. is on the totten trust. ,i.f ;,~, /'J MR~'~ROSENBERG:t:~:','.'/,Not true,~~,Jl;ldge Marino.twas not satisfti-ed \...:,-'r -•."f {t·.··.~. .I .'.."-','~,~~,...~,,#...J'tt'-t~:.~1,_'~.........;.-\.1 "'!1\...',.•~•"and his cont~mpt ~till stands. . ., " --------------------------.-----, MR.RODGERS:We need the record.We need the comple e record. THE COURT:There is no denying you the record. We will see that~u get a copy of the record. MR.RODGERS:I have an excerpt from it.I don't kno~ the date of it. . Mr.BeJl said that he did not have a fll1l I ..', " I 'r.J ~copy of that•.. , come to .'r _ (hqt he,~, MR.RODGERS:•l MR.ROSENBERG:I can shorten it.If "Mr.Rodgers will \"'\~y,o~fice,I ca~,giye him~sop'~e(of the record \,~~It.'t ...~it·~~..~\ii'f J I -1 1 l-ean .photos,tat ..·~.',-I ,- ,. THE COURT: ~t ....; He is .going to give you one. MR.ROSENBERG:I have it.The state of the record is such,in a nutshell,that Judge Marino ordered her to account for the $23,561.00,which Mr.Ro~gers calls the totten trust,some $15,000.00 was put back, ,and so $8,500.00 will have to be accounted for. MR.RODGERS:You got the camper and pick-up. MR.ROSENBERG:And that is one part of it,the camper and pick-up,which were sold.They made,I think,two $100.00 payments. MR.RODGERS:Three,I think. -----------------------------------..-------, [11 MR.ROSENBERG:Show it.All we want is an accounting. In other words,as we see it,there is a shortage of OVEr $7,000.00 there.That's one thing.Secondly,she collected,we think,$1,868.00 of asthma money,which has never been accounted for. MR.RODGERS: MR.ROSENBERG: Mr.Bell says he returned it to you. I never got it.I have no record.That s ..<-'.'t- ITHE ,COURT: second.I'm trying >to shorten it . .'".~Did Mr.~~11 say he returned some ..""...~~.:"., t _1 ..'~."4 -,I ..:.'~~m:Oriey.t1}a>~.Mr.·~Rof.e:qberg~d·ep.ies':'hav:l'p.g<,received? MR.ROSENBERG:".Tha t's r~ght.The Black Lung benefit. ,..'.. • "'I...C'~~_:r ..~. THE COURT:Did you ever get any money? j1'"-I ....."'!,t-"~",·~v~~~'f ,\.~,f':.'\I MR.ROSENBERG:I got one or two hundred dollar paymen s. There's no argument about that.We have no record of $1,868.00,the asthma money which she got. MR.RODGERS:Here is Attorney Bell in the Answer to the Rule,"Rocco Bottori received the Black Lung which is depositro in the Estate account." MR.ROSENBERG:That may have been their estate account. We never got it.He admitted he had it.Here is all I am saying,and I don't want to prolong this thing. 'Your Honor very correctly stated where the burden is. All we ask is that they sit down,and I will give them 12 any records he wants 'F "any,thing,and make an accounting <'\)...'.../ .:'.'.;of thistl:.t"s~um,the $7~,000.00/sho..-r:t,age... .it·'./{.{~..,IJ,J ""I<~,...-•~~r /'1 ...,-~~I \~... ...~;..."",'~".'"... MR.RODGERS:,.That doesn't give any credit for the ~I I ~('•,.rcamperand'.pick-up·. ~...I ;.'J 1\\.,f t •~,_..'"':""f~;",.r",",~.'" accounted for,plus any other personal items. Mr.Rosen]Jerg is t,rying to be as helpful as possible. MR.ROS~~J?E~G:.:,"1'"~I~:~'gives you $159°.00 credit for which it was sold. Rosenberg says he has it.Mr ..Bell says he did Mr. not I will need the complete record. But they know more about this than thEse He is willing 'to help YOY.He will s't It seems to me,Mr.Rodgers,that After several years. Second,$l,868.00~that's never been down with you. ·two people do. MR •.RODGERS: THE ,COURT: THE COURT: MR.ROSENBERG: MR.RODGERS: .MR.RODGERS: ~z0(~ '>0III Z Z1&1II. i-0I-ClZ :x:III 0( ~ ..:0ii: I-III C oJ0( 0 C :l., :t0-r- (II iiia:1&1I-a:'0II.1&1a: I-a::l 0U oJ 0( 0ii:II.0 have it. THE-COURT:Mr.Rosenberg says he will give you e\ery- thing you need.I can't see what 'your objection is, really. MR.RODGERS:.My objection is this is a demonstrati<n ...."...,,.'~•, "1 7 of pure greed on their part.They have got property wo th over $lOO,OOO.~O,when it comes down to it.They are l;trying to ring the last dollar out of this. THE COURT:Mr.Rodgers,let me say this to you: this is where my hands are tied,you understand.I can' face the issue here before us which is,does your dictate the morality of anybody here.It is not for me duty to account.And the answer,I think,is obviously to judge morality.My only problem here,I have to She has to make a complete accounting Account for what?If Judge Marino has already foreclosed the accounting on the $23,OOO.OO-~-- executrix here,former executrix,I should say,have th~ yes. THE COURT: MR ..ROpGERS : ,.: 2lI:I-III Ci ..J0( U o:J., ::tI-.... til ~z 0(>..J>-IIIZZIII II, ioI-el Z :tIII 0( ~ of her stewardship,lluwever it is. specific items with which he is concerned,I will be glad to confer with hi'!ll.But,Your Honor,these people, as I say,have already gone in the hole on this. uill:III l-ll:oII, IIIlI: l-ll: :JoU ..J« uii: lLo "MR.RODGERS:If Mr.Rosenber:g can give me the I They have spent a lot of time on this. MR.ROSENBERG:Let's shorten this up.I realize , the burden is not mine,although I repeat that I will help in any way I can,but let's get one thing clear. If we were·in here with just an entirely innocent woma ~-------------------------.--------. '...'t'• ~z0(>.J>-UlZZ\IIDo iol-e>z :t Ul 0( :l: that hadn't done anything,I would certainly perhaps look at it one way.But it got so bad,the CO~tt should know this,it got so bad during the course of the administration of this thing,when it was determined that this woman had to give back the $23,000.00,I want the Court to know this,she was dragged in here probably four times.Finally,Jud~e Marino gave up,put her in jail,gave an Order saying that she would return the money and she would stay in jail up,to six munths for not returning it.That Order was never countermandec. All that happened was,Mr.Rodgers will have this---- his Order,which I have here,that she would account for the moriey and begin by paying $100.00 a month.She's never paid more than a couple hundred dollars.She never accounted.That is the stature of it now.All I ask .,: U ll:I-Ulii .J~ U o:J... :t..I'-N uill:III l-ll:oDoIIIa: l-ll: :JoU .I~uii:...o MR.RODGERS: MR.ROSENBERG: MR.RODGERS: MR.ROSENBERG: She wasn't in jail for six months. No,he left her out of jail. After that he found that the Will was "\alid. He left her out of jail,he ·then repeated is an acc~unting to which the people are entitled.How can they really complete their accounting if she doesn't ""'.';,~make an accounting to them?And I don't say what we will do.Maybe we would agree to end this thing,and a lot of things can happen.But it's got to be started by her making a proper accounting to them of what she -~--------------------------------,--------, did with the money. THE COURT:He is.taking a very conciliatory attit~de. MR.RODGERS:Those last remarks I cannot let go makes an Order:"The matter of the contempt of Court of Marie Selvoski,which is before the Court presently on the Petition for a rule to show cause why the amendEd unchallenged,Your Honor.I want this briefly on the' record.The last Order that I have of Judge Marino And then the Court Mr.Rosenberg says,"Wait a minute. I'm going to want an order here." by the court." adjudge~in ~urther contempt of Court,in this matter the Court is holding the whole case of the'contempt says,"The Court is willing to continue the matter indefinitely under the terms which have been explained order in contempt p~oceeding dated April 29,1971 should not be carried out forthwith or Marie M.Selvoski be in abeyance at this time and will so hold it for a period ~f three months from this date;provided ,that during ihe three-mon~h period Marie M.Selvoski shall :,F~y ;t.);~~:uJL o:f ..$lOO.;Op~;p<t~l:;m.9n~~~~ainst the deficienc ,I'_.j"•"'...-...1 -/t I·".; '':,c4 ''tn:'th'e"bank"acc.oun't"at 'the Mellon National Bank and :!:z0(>~~IIIZ Z1&/II. i 0l-e>z J:III0( ~ .:0ii:I-III0 ~0(.;, § 0:>., :rl- I'-N !Iia: 1&/ I-a:0II.1&/a: l-ll::>0u ~~u ii: \I.0, ,I ~,....~; ~., ~. Trust C'ompany,which has already been ordered by the Curt..:~, ~.~.. ..'.....'\-~r -rtobe',made,wh9le ;;~~she is,further ordered to relinquish ."'.f ....;.~~>-,t,,,it...I custO.dy ap.d.,poss,e~sion of a camper and a truck which ,r ~I .."l' was purchased after the money had been taken out ~--~~~~----------------------.---~ 16 of the bank.These said items to be turned over to Mr.Rosenberg's clients within ten d~ys,including the title to same."That was done,Your Honor."The first payine~t to be made the first of the month,the first of Ma r ch , 1 97 2. " ,.., three months..I :This was in 1972. He said,"We are going to amend that.The first paymen But in all fairness now,this lady~--- She made three,which the Court orderea, And she made either one or two and she In ail fairness,they.should run out c f happy.They've got a loaf of bread under Mr.Rodgers,I came in to be easy abou this thing.I must state of record,my fellow'lawyer doesn't know what he is talking about'and should watcl himself on the place of irresponsible statements of record.He does not have the background here;he does not understand this case. -the Court will then again reconsider the matter and ,"1 ~1".'..,'.,~~.'-,".make',f),ir(her drder s."So i't actually means more than quit.She did turn over the camper.She never accounted , THE COURT: MR.RODGERS: here and be each arm. " MR.ROSENBERG: MR.RODGERS: MR.ROSENBERG: f .•~l•wil,r'b~made ~Marchi 1st -.and."tw9 subsequent payments 30 .......,r,":'."'...,,/"~'" ••'i "~Irf.'f~'~··,J v/.t~,~J.,,~,~·/..-1.(~,.-~f'J.,,~~I -'''.'Idays t·hey'ea'fter"'a'rid 60 days thereafter;after which time ~z~>~>-U!ZZIIIa. i0I-elZ :t,U!~i ~ :;)~" J f -";.",t-=2.a: I-U!ii ~0< U 0::J.., :I:l-I'- N iiia: IIII-a:00..IIIa: I-a:::J 0U ~« u ii:lI.0 \ 117 MR.RODGERS:We will'let the Court judge that on the basis of the record . She was to make '.Marino suggests is fairly clear~ rela~ionship established it had to be established in both cases,as I read the record.And then,what happened in the second case,he maybe omitted to determ'ne in one case,which meant if there was a confidential intentions here in this case,sad as it may seem. Technica-l\~y,?you see what happened here,evidently, Judge Marino found there was a confidential relationshi) Se~,the law does not make allowances for her.good advisably she spent it,but yet legally she was imprope . that the burden of proof would shift in a case like tha and that is where he got himself in trouble a little bi~, payments on this money she spent inadvisably,or maybe •,~THE COURT:Gentl~men,let's stop this business he e. ",.'a....•.J t..~,+•'j ~l''f~...t "......t••',~'.'.-,-1(",.'I •I 'J'.,'• , •'I . ,..f'-i:I':,.:~.et·L?/{be"'I.g~4~·~e.rn~n·wi~h'.,e3cJl'bt.l.::er,~·"Now I isten,relax, all of,You;we are trying to work things out here in." an a!U.i yfo'l:\e rw!3-y,,'We"gelieve in conciliating these cases •~•:i';I ,I,I '...-.;....,.}".We are not here to put your lady in jail,Mr.Rodgers . !t ~~•t.J ..,.j ,,(".',«:I _..0\.IButletlme~ay thIs to you:.I think that what Judge ~z0(>.J>-IIIZZIIIII. i0I-CJZ X . III0(~ t-=0ii:I-Ill, a oJ0( ~a :J., :tl-I'- til iii D: 1&1 I-D: 0II.\II11: l-e: :J,00 oJ0( 0 ii:...0 . ~..• ....'e our predecessor Judge. MR.RODGERS:But the point is this~--- THE COURT:Let's be nice now.We will try to be conciliatory.We don't want to hurt your people.They might have been put upon.We're not trying to hurt them. Actually,even though there are two ways of looking at this thing,things could occur or may have occurred one way,but the record does not disclose it.Let's suppose •,., ~z ~~>-UIZZIII II. ioI-~Z J: UI~~ .:uii::I-UI C •.1~ Uo:>.., :tl-I'-(II aiII:IIIl-II:oII.IIIII: l-II::>oo .J~ o ii: ILo -/ they had a 100%clean mind;everything they did was with the proper motives,your people,Mr.Rodgers.And assuming that to be true,they still did not or were no~I able to meet their burden of proof as the Supreme Court saw it.So even though their minds might have been perfect,as far as morality is concerned legally speaking they still have this obligation that they have to perform to account,irrespective of the equities in the matter. Because on paper,they were operating with unclean hands,even thou~h,as a matter of fact,but for the failure of proof,they might have had good intentions and clean hands but the record doesn't show this.This is w~y you have an argument here.In ~heir minds they might have been operating in the best of intentions.But because they weren't able to meet their burden of proof and the burden of going forward shifted,the proof never shifts,but the burden of going forward shifts, and when the burden of going forward shifts,they weren't able to go forward in,,sufficient proof.Their case,~. ~',•fa,io1ed r.ighti ,.tJiEm and'there",be~aUs~,'of these wi tnesses •'"'.,"!'...~:~"f ...''4 "that the~Court felt weren't proper witnesses and weren' / substafiti~i witnesses~ f,'_,'"", ,.,'\I. So all we can say is this:des}i te -.-------if--------------------------------r---I ".I ..t ••{'~f. -}~.1~,'.\if.'."...,:... to • -J,..f;~ ,(\ :!z0(:i>-Ul Z ZIIID. iol-e>z :tUl0(~ .:o a:I-Ulii oJ0( ~o:l.., :tl-t'-N iiia: III I-a:oD.ILla: I-0:: :loU oJ~u ii:...o ~"'\..;~.to'I..t...l .:~l«-.•.':.'"..your people's good intentions,the.law,I think,is clear that she's got to account.Now later on;we will discuss the question of offsetting claims.Then her recourse,it would seem to me---I'm not trying to show you how to practice law,because I am sure you are a rna of great ability---but I will say this,what your people should do would be possibly,of cou!se,that's up to them,is to file a claim against the estate and show any offsetting equities;-maybe we 'can get together and conciliate the matter.Maybe in l~ght of all these circumstances,the fact that they have been out of pockEt. S0 much money,all this extensive litigation,maybe we can work out a conciliation ..Mr.Rosenberg said himself he had conciliation in the back of his mind. He is not here to try to hurt your people,but at the same time,we have to follow the law.That is what we are here for.We are lawyers;we are all sworn to upholc the law. I think that's what you should do.I think we ought to give you 45 days to acquaint yourself with the record;during that period of time you can have a conference with Mr.Rosenberg,you can look into the records,you can get all the facts and figures you need;Your people can confer with you~They can cite the equities they have in this matter,claims or counter- claims they might have against the estate;Then we can ------------------------------.,---------.-------. 20 have a conciliation.We can sit down and discuss'the whole thing and try to work it out.But I think,though that the initial thing that Mr.Rosenberg is claiming has 'to be done'in order for the new executor to get I have to have this record,which I don't know,is this dollars which is ln Mellon Bank,and in order to do tha , you have said.The only issue really I have raised here is how much in the form of an accounting are we going' to be required to make on this twenty three thousand odi I have no quarrel with anythipg that started in this matter,he has to have a place of departure,and the only way he can get this place of ~eparture is how the state of the matter was at the tim this first lady took over. available? MR.RODGERS: ..=u ll:I-IIIo oJ0( !:!o:l.., ::tl-I"N 0( z 0(~ ~IIIZ Z \IIDo iol-e>z J:III0( ~ have it on the record., iiill: \II l-ll:oDo\II ll: l-ll::loo oJ ~oii:lI.o MR.ROSENBERG: ,MR.RODGERS: MR.ROSENBERG: Initially,it was,Mr.Rodgers. If you're changing your mind,let's "I wouldn't change my mind for the COUlt, although I didn't appreciate Mr.Rodger's attitude.- THE COURT:Let's cooperate here. MR.ROSENBERG:....Certainly,I will cooperate with the .,,:1 Court A ,.•.f ,.:.1'....,..r~,,t',}-,,•,-'.""'('r ~..\~II "'.~,iI..~"..~'.. THE""'COURT:I __~...I ..t, ol',~~/fi,·~·ff'~'~i~.Jtt'"....l'~'",;';'/_.":f -'.("to a'ppreciate It:"'He'is willing to giv ,I •>I.,f ." < ,,'/-.I',f " -------------.---JI IL...l. you all the records you need.And now as far as account"ng is concerned,it's simple.A~d~all she has to do is t€ll us what she did with the money.It's as simple as.that. You start off with $23,000.00.What did you do with it? She knows. MR.ROSENBERG:To help on that,it was in the bank ane Mr.Rodgers,could have access to when she took the varic~s monies out. MR.RODGERS: MR.ROSENBERG: THE COURT: You agree you've gotten the $15,000.00. Of course,we agree,yes. All she does is say what she did with the money.She took so many thousand for the camper,bought a camper;so much m9ney she turned over to them.It's ;f ~", ~;~~,Js s:imple,~s/~hat.'T4~re !~re.po.c;pI1}plications there.:1'(,..>"'.'f ";.':~:'l;""("j:",,.~-',J.,'~l...'.:"....,",' .We're trying to make a great to-do about nothing here. The pr~~lem is,Mr.Rodgers,maybe'you should have ,'I -":;,,'i~.'7 beed/into'th1.s··c~se'·years ago. \.J:~'"~~It·'').r' MR.ROSENBERG:',"I I J ,Could we set it to a time certain? (At the direction of Mr.Rosenberg,off-.the-record discussion was not recorded by the stenographer). THE COURT:How much time do you need,Mr.Rodgers? Write your own ticket. MR.RODGERS:I think the-Court's suggestion is -----------------------------r--~ reasonable,45 days. THE COURT:You've got all of this month.What do you say about the 21st day of April?That gives you even more time.April 21st we will meet at 10:00 o'clo k in the morning.Is that agreeable? cooperafe .one way or the other. ,(It.....~",' "..If.J,."\'"'r.l .'.'/,• MR.ROSENBERG:''.~..r\hll hold this ot·her thing until are going to voluntarily file as good an accounting as you possibly can file of all the monies that were in th hands of Mrs.Selvoski,is that right? ...., Yes. .; ..t."~f '..'.'I.••:• In "the meantlme,.everybody is going to Yes of' As I understand it,Mr.Rodgers,you Keeping in account the Black Lung mone . Yes. THE COURT: MR.RODGERS: MR.ROSENBERG: MR.RODGERS:.. MR.'ROSENBERG: .. ..~ .,THE/'COUR~:'.'.~....~. ::z 0(>oJ>VIZZ1&1a."IZ,o·1-'ClZ J:VI 0(:: ..,:ua: l-UI C oJ 0( U 0:J.., :tI-....(II iiia:1&1I-a:0a. 1&1a: I-a: :J0U oJ0( ub:II.0 THE COURT:We will meet again then at 10:00 o'clock on the 21st day of April.I am wondering,let's consid r this now and between the next time we are here,how Jud e Marino could reinstate that prior account,how it possi ly 'could be reinstated. ,MR.ROSENBERG:We questioned it at the time because it didn't matter where it was puL But he chose to; see,she had like three or four bank accounts that were divided up.So he said,I'm going to call an account Rocco Botton Estate,since it had previously been _. Rocco Botton and Florence Lerum.He said,I want a new account and I want the money brought back into that account.And approximately,as we said,$15,000.00 ." has been accounted for. is still.la.yingrin-ther'e.~· f 'II~.-·~t L.'',.J~~lI,'Jell'jt• time that~~e ,did it that way,but he did it.However, 41 ~.'.....~".'•~.\o I it hasn't"inc'onvenienc'ed us other than that $700.00 iol-e> Z f"•. :z:"..THE COURT:')Do you agree 'with his holding on that?~t I 0,.,<I •:=.....,-:."I..1 ""I .'",I ••" I "'t t/'.'',,''I•\,~ll'.tt ,.'t .1 /-t ~.\:~f ~;-~...."';-.¢"""!:";.~,I -~ti'~"·MR.··ROSENBERG:'No.I thought it was bizarre at theii:I-UI o ..I« u o:l., J:l-t-C\I time 'of the death of Rocco Botton,the Court states tha plus the remaining money ought to be put in the estate. Florence Lerum would get the money.In other words, they said that the transfer of the money to Marie Selvoski was set aside.So you go back to the way it was on April 9th before he died.I think he died in August. iiill:IIIl-ll:on.l&Ill: l-ll: :loU ..I :!u ii:II.o THE COURT: MR.ROSENBERG: It seems to me that whole $700.00 Well,no,for this reason:as of the MR.RODGERS:It was Rocco and Florence. 24 ... t '\...:!- .'~ Yes"so it·was.really Filorence's money ,......,1',<t,.t4 1 ,-;.~..p'I~f •".,.....('..j<t ,",'j • it divided equally all the way.So I be'suing this young lady here and ii shouldn't be -in Orphans'Court at all. r."'1', 'agree,wlth you at the time we thought it was 'bizarre . . .:!I ....,~~.......1-'I.t-:.c.:,-!Teshn~s:aIly,:'it was Florence's and it is in the estate onl,y,for,tax'.~pur.pbs es,one-half of it would be in the e tate,"~..,\.'.f ~I·~1 t,t;.l 'II I !£or tax purposes. ~z<>oJ>-UI Z ZIIIIl.. iol-e>z xUI<~ ..:uii:l-UIC oJ< U o :l.., :t 'f-".,N iiill: III l-ll:oIl.. III ll: l-ll::lo U oJ«ij ii:lI.o THE COURT:, 'here. MR.ROSENBERG: THE COURT: MR;RODGERS: MR.ROSENBERG: THE COURT: MR.ROSENBERG:. THE COURT: Otherwise,you are in a predicament Why? Because technically,Florence Lerum sh<uld We will see if we can work it out. But the Court kept jurisdiction of it. But you see what I mean? There is continuing jurisdiction. If you keep insisting it ought to be I ke J~dge Marino said it ought to be,which I d~sagree with~ I wouldn't have jurisdiction of it. MR.'ROSENBERG:You mean the accoun~ing?Because there is continuing jurisdiction.The Judge took over and 'there is his contempt order. THE COURT:The only way we could do it would be in 25 . the sense that it's been a waiver..-6f'.Yenue.You can argue that;that's a possibility. MR.ROSENBERG:Sure,because these orders are of recor . The subject matter is before the Court. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * • ~z~~>-CIlZ Z\&III, iol-e>z J:CIl~~ THE COURT:Let's try to work it out amicably. (Proceedings Closed) t-=u irI-CIl Q .I~ U Q :J.., J:...,.. N iiill: \&I l-ll:o0..-\&I ll: l-ll: :J,0 U ..1 'C U ii:lI.o Stenographer's Certifi~ate 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 cause,and that this copy is a correct transcript of the same. er Certificate of HearinsJudge The foregoing record of the proceedings upon the hearin of the above cause is hereby approved and directed to·be fil d. By the Court, .\ i +':.', '" ." IN THE COURT OF COMMON 'PLEAS OF WASHINGTON COUNTY~PENNAt'.I ORPHANS'COURT DIVISION IN RE: ~....,...., No.907 of 1969 BLOOM.BLOOM.RO~ENBERG &BLOOM. ESQS.~by Thomas D.Gladden and Milton D. Rosenberg.of Washington,Pennsylvania, representing the Contestants.' THE HONORABLE P.VINCENT MARINO. President Judge of the said Court. a/k/a ...;::':::;I;;rn ::0maC:: ::I::-(II-...n (.IiZ--l ., ~trn ~ _~~f ~ ~c~.:.......,--.::l::D HEARING ON PETITION FOR CITATION Sl.J"§:~EJ'EAL::::AFROM.:_................. _f -;po- REGISTER IN PROBATING WILL~Z;,;; ~ROCCO BOTTON~ Clz*Deceased.<~ iii1I:III l-ll:oII.~APPEARANCES: l-ll:::>ou ..J<u ii:II.o ~z~ESTATE OF..J '>-III~ROCCO BUTTON,IIIII. ..:uii:Iiic ..J~~c::>.., :I:..,.. N BEFORE: JOHN F.BELL~ESQ..of Washington,Penna" repres enting Charles Selvoski.Jr.and Marie M.Selvoski,his wife,the Proponents , r TIME: FlliLED SEPI01973 SUPriEfi:E C~lfit\VESTERN S ~1e~ (Tuesday.October 28.1969,at 19,=.90 o'clock A.JYI. -\ --- I N D E X WITNESS Direct Cross Redirect Recross BERYL BOTTON 6 31 MARIAN D'ANDREA 44 54 I •FRANCES MARTOS 60 68 ~JOSEPH LORENZO 76 84 z 0(>..J FLORENCE LERUM 92 104>-III .Z ZIII SAMUEL BOTTON 112 124II. i 0I-D~.JOHN J.BONESSI 133 152CIz x , III0(VIOLA BERGMANN 160 166~ ..:u MARIE SELVOSKI 172 201 240 242itI-IIIec CHARLES SELVOSKI~JR.243 249D..J0( Uc PA UL MILLER LINDLEY 261 266 269:J-. ;:t..,...STUART E.MURPHY~ESQ.271 277 281('I ltiIl:WILMA HANNING 282 289 292IIIl-ll:0 I II.III EVA MARTOS 293 298 300II: l-ll: :J0 JESS D.COSTA~ESQ.301 307 315 316u ..J0( u WILLIAM J.'STANKOVICH 319 323 325ii:lI.0 "KENNETH V.THOMPSON 326 330 . e SAMUEL BOTTON 333 334 .335 (Rebuttal). ....,.. I .:•.'\1.".::.,,.' I EXHIBITS PR OPONENTS'EXHIBITS: •1 - 2 - 0( z~3 - .J~VI~4 - IIIII, g 5 - l-eiZ J: VI0( ~ Photocopy of Last Will and Testament of Rocco Botton,t dated March 31.1969 . Register of Wills Certification. Letter dated May 6.1969.from Florence Lerum. Letter date~July 31.1969 to Marie &Family from Viola. Contract between Thompson Funeral Home and Rocco Botton. dated April 1.1969. ~uitIii Ci .J~ U C:J"'I :t..~CONTESTANTS'EXHIBITS: I *,,~}:,**,:,**., ,, I."• • iiiII:~A - II:oII, III II: ti:B-:Jo U .J 0( uii:II.o Photocopy of Last Will and Testament of-Rocco .Botton.dated ,- March 13.1967.. Washington Hospital records for Rocco Botton. THE COURT: MR.GLADDEN: Gentlemen,the Court is ready.· If the Court please,this is the tim e set by Your 4 Honorable Court on Petition for Citation Sur Appeal from the Register in probating an alleged will of Rocco Botton;also known as Rocco rButton.Mr.Rosenberg and myself represent the standing Mr.Bell represents the Proponents of the will. into evidence the Register of Wills Certification that Rocco Button Complainants::z~oJ>VIZ ZIII~THE COURT:zo~~MR.BELL: I: VI~:= or the Contestants to this will and it is my under- You may proceed. Your Honor,at this time I would like to introduc~ • ..:u itIiiCi oJ~UCi::J-, :t:I-.... N North Bethlehem Township,died on Augus t 8,1969"testate;and that his will was probated on the 11th day of August,1969"and recorded in Will Book Number 108,Page 341.'Further stating that Charles Selvoski,Jr.and Marie Selvoski were named as lIi0::~Executors of said will and letters testamentary were given on the o0..~11th 'of August,1969.Signed by Russell Marino,R~gister of Wills. ~0:: ::J 8'THE COURT:Do you have present the Register or the Deputy •.1' ~' uii:Register who can testify to the probate of the will ? II.o MR.'BELL:Your Honor"I can,if.it is necessary,I can get him.I talked to the couns~l yesterday and said th~s is what I was t.•t·'. k ~<"~~.{' going to do,.if they cared fa stipulate that. THE COURT:'Do you wish to stipulate,ge~flemeIl;,that the probate of this will has been duly accomplished in the O;phans I... Court? 5 MR.GLADDEN:We will so stipulate.Your Honor. MR.BELL:Your Honor.it will also be necessary.I believe, for us to introduce the will itself.I have a photoco_py of it.I thi l.k the Court.w,hich is made part of the record,has the original of Rocco Button's will dated March 31,1969. original will,which the Court has here pres ent. counsel to introduce the photocopy in evidence,rather than the copy of the original will that is part of the record in this case. GLADDEN:We can stipulate that the photocopy is an exact Again.we would have to have agreement of~THE COURT: 0(~>-IIIZZIdII. ioI-~MR. :tIII 0( ~ Shall we mark same? make part of the record the requested photocopy of the will. and correct copy of the original,we will receive in evidence and .~ ~THEI-IIIC oJ0( ~o :J.., :t..r-N COURT:It being stipulated that the photocopy is a true Proponent's Exhibit 2. (Stenographer marks Proponent's Exhibit .1,a photocopy of the iii0:5MR. oB- Id 0: I-0: :J 8THEoJ. 0( u iLII.o BELL: COURT: Your Honor,I will mark the Register's Certificc te Yes.That may accompany the paper. Last Will and Testament of Rocco Button,dated March 31,1969; and Proponent I s Exhibit 2,the Register of Wills Certification). MR.BELL:Your Honor,that's all the Proponents have at this time.I believe now it is necessary for the Contestants to carry the burden. Bervl Botton 6 THE COURT:Very well. And over the course of thos e yearsl did you know the deceased,Roc ....o For how many years have you been married to Sam Botton? DIRECT EXAMINATION BY MR.ROSENBERG: BERYL BOTTON IS CALLED AND DUL Y SWOR N. I .. •• ,. . .,.. .,, .' >! And is he the son of the late Rocco Botton? 22 years. Yes l he is. Samuel. And what is your husband's name? Housewife. 38. And your occupation? Your age? 428 Fourth Street~North Charleroi. What is your address? .Beryl Botton. What is your name please?•o(Q z ~A>- I IIIZ I ~Q II, igA Clz J:~Q ~ .:A0 itl- e 5Q oJ0( §A0 :l.., ~Q N ~A 11/l-ll::gQ ll: .l-ll:A:l.0 0 oJ~Q0~ II. 0 A e Q Botton? A Yes. Q Where did Rocco Botton live in his lifetime? A On the farm near Scenery Hill.R.D.1. ---------------------------------, "R~rvl Botton Was it off of Route 40? Yes l off of Route 40 about a half mile. And that is located in Washington County? Yes. And would I be correct that that is located in North Bethlehem Township? Yesl it is. Now until what date did Rocco Botton continue to live on the farm? Unt.il he left the hospital in February. February6fwhatyear? 1969. In other words~he left the farm in February of 1969. Yes. Now am I correct that prior to that during the last years or fi'om the middle of 19681 he had been in the hospital a number of times? Yes. Now I am going to direct your attention back very briefly/Mrs. Bottonl and ask you who lived with him at the.farml let's say startir g in 1947? D'Andreas lived at the farm. Wouid that be Ralph D'Andrea and Marian D'Andreal his wife? Yes. And c~n you tell us approximately what years they lived with Rocco Botton at the farm? 7 Beryl .Batton A Till 1955. Q That would be from 1947 to 1955~If you know"did Rocco have separate rooms at the farm? Yes~he had his side;he had two rooms and a bath. And they occupied the remainder of the haus e? Yes. Now thereafter~who"if anybody lived with Mr.Rocco Botton at the farm? 8 , The Collins moved in and lived'with him. I?o you know their first name? Mati:Collins. The MattCollins family? ,., Yes. Tell us approximately when they lived there. From about 1957 to 1969. And when~in 1969"did they move out? The first of February. ., , I t .' Now how is Marie Selvoski~one of the Executors .of the will here~ related to the Collins family? She's their daughter. And if you know~did she,for any period of time"live with the Collins family at the farm when Rocco Botton lived there? A She lived there a short while after they moved there"and then she got married. i;;..:.:...._ Beryl Botton Q Now you have taken us up to February~1969.Did anyone els e move onto the farm after that? A Q A ~Q ~>oJ~Azz1&1~Qz i .0I-~A :rVI~:tQ ..:~AI-!!!0e~Q u 0~A :tI-"NQ iii0:1&1 I-0:0Q. l&la:A I-0:::J 8Q oJ ~ uii:II.0 A Yes.Mr.Joseph Plevel--c and his family. Joseph PleXz'elJ ~ Yes. Are they sUil living there? As far as I know. bid Joseph Plevel-:;and his family occupy the whole house? No.Just the side.Rocco kept his side. There were still the two"rooms? The two rOoms and a bath. That were reserved for Rocco. Yes. But am I correct that actually,after February~'69~Rocco'did not live at the farm? No~he did not.- If you know~were these two rooms that were reserved for Rocco when the Plevels.,moved in;us ed ? Yes.-Mr.Selvoski's brother and family moved into the two ~ooms that were Rocco's. Q They moved into thos e two rooms? A Yes .. Q Now over the years,did Rocco have occasion to live with you and your husband,Sam Botton? A Yes,l he did.." Beryl Botton .. .....10 Q And tell us approximately when. A In July of '68 and November,l '68. Q I am going to go back shortly before July of '68 a~d I'.m going to ask you if you can tell us when Rocco was in the hos pitalbefore that. ~z~>.J~Az Z1&1 a..Qz 0l-e>Az xIII~~Q ,.:uii:AI-III e Q .J Q~uQ :J A., XI-....N Q uill: 1&1l-ll:0Q. 1&1ll:Al-ll: :J0 Qu .J« u i&:Al&.0 Q When? August of '67. Approximately how long,l if you know? About a week;August 17 till about the 22nd,l I think. Of 1967? Yes. And what was wrong with him at that time? He had miner's asthma. . When he came out of the hospital in August of 1967.1 did he go back t< the farm immediately? No.He went down to .!Joe Lorenzo's in Donora. Now was Joe Lorenzo his good .friend? Yes.l he was. And over the years,l did hel on many occasionSI visit with Joe Lorenzo? A Yes.l he did. Q Now after the recuperation period with Joe Lorenzo that you mentio ed .back in '67,1 did he then go back to the farm? A Yes. Beryl Botton 11 Q Now when was he next in the hospital? A In July of '68• .Q And all these hospitalizations;J am I correct~were in the Washington ~ospital? A Yes. ~Q If you can tell us,if you know~how long was he in the hospital in 0( :i~July of 1968?zzIII~A I think around five days.zo~~Q Now did you have occasion to visit him then? xIII0( ~A Yes • and go to the bathroom and just practicaliy naked.You could see Well,he wasn't very modest,about himself.He would roam the hall: f'-_!..•I ••.. Yes. And what would he do? ..:~Q And what observations did you observe about the man with reference IIIQ -'to his attire or what he wore?~uQ~A He wore a'hospital nightgown. xI-.... N Q Is that what we call a hospital shirt"a w hiteshort shirt? iiiII:~AII:oD-III II:Q~II: ::J8 A -'0( u ii:Il.o everything that he had...~.. Q Would he expose himself? ,( A Yes. Q Tell me this -based on,your experience in the prior months and years before this;J was Rocco Botton a gentlematl;? A Yes,he 'lIr§lt3· Bervl Botton Q Would you have ever known him on any occasion to ha ve indecently exposed hims elf ? A'No.He never did anything like that before. Q What else would he do on occasions in July?What did you observe about him? ~A He was distant and his mind--- ~~~Q I'm sorry~I didn't hear you.zZIII~A His mind just wasn't right.He was distant and he wasn't there.He ol-I' Z was out of things.x VI~. ~Q 'Now would there be times when he'd come back into it? ..=u~A Oh~yes. VI Ci ~Q After he stayed---I don't think I asked you---after he came out of the !:!Q ::hospital in July of '68~where did he go? :z:l-I' N A He carrie down to our place. iiiII:IIIIi:Q And how long was he with you? oD-III~A He was there about a week or ten days ~ II::J 8 Q And what did you observe about him during that period?oJ 0( U~A Well~he was a little better at that time.It was ih November when he o ,was really bad. Q All right.Now was he bad enough to have to go back to the Washingtc n Hospital in November? A Yes.He went back to the hospital in November and he was really bad then.I know we went into the hospital and he said there was a man in there and he had asked him to get a lead pipe and he was 12 Beryl Botton 13 waiting for this man to bring this pipe back.·I don't know what he wanted\to do with it.And he was cussing him.And then he wanted to go home with us and it was night and he wasn't discharged and he I.Q wasn't;well.And his mind just wasn't thereI wasn't right. What about his attire? bad.I was so embarrassed. He just roamed around with,this has pital gown on.It was really Ohl he wouldn't keep the covers on him.It was really embarrassing. As a result of thatl wha t'did the hos··pit~l officials do with reference ,.to your husband? ~Az-<>oJ>-IIIZ Z IIIll. ioI-~Q :cIII<~ ,I We111 he had to get some pajamas .for him and they hrought him pajamas.I had bought him pajamas befo:rel 'but he didn't have·them with him.And they dressed him:But they reallytold Sam that he couldn't act like thatl it just wasn't right.Rocco couldn't act like iii 0: ~that. 0:oll.~Q What would he do in the halls? I-0: :J8 A Welll he would beg people to take him home;and he ran with just thi~ oJ-<oiL shirt on;and he wasn 't rational. lI.o Q What did you observe about him physically'·;during this time?I A Welll he was very thin. Q And as to his strengthl did he show strength at this time? A No.Only if he got mad.He was very difficult to handl€.. Q And what would you observe about him mentally at times? --------------- Beryl Botton ,.''14 ...,Yes.It would. Yes. Yes. The witness may describe her Your Honor~I object to making'. THE COURT: MR.BELL: And for how long a pe'riod of time did he stay with you and Sam? About eight Or nine weeks. Around December 5th. Now during that eight or nine week period~would you state to the That is of 1968? impressions may have a medical outlook.However~the impressions of what she saw~even though some of the counsel's question was purely leading. these conclusionl2.about his mental condition. When did :;he.,;come out? Yes.I agree to strike the quest:iXJ;n~Your Honor.Mrs.Botton~ stayed with you 'and Sam? after he came out of the hos pital~did I understand that he then Strike the ques tion. Would you say his mind would wander? He was very distant~like his mind wasn't there"A I Q i A : I •~Qz<>..I>IIIZ I z 1&1ll. i0l-e>z J:III<~ ..:~Q I-IIIeQ .J< U 0 ::J., X.. :;A iiill:III Ql-ll:0ll.1&1 All: l-ll:::J0 Qu· ..I<u Aii:lI.o· e Q A Q Court some of the observations that you made of him?What did he do with the Christmas tree? A Well~he went and shook all the needles off the Christmas tree abou Beryl Botton two or three days after Christmas and we had to take it down early. saw someone there. Was there anybody there? And with reference to the toys of the children? Be specific now.What would he do?.. , ",various times? Wel~~when he would come to the table he would tell these stories; "What's the matter?"And he said~"Sit down here."Then he pointee No"there was no one there~but him and me and my little boy. somebody.',~:And then he described a face.And I didn't see anyone. "Don't you see somebody?"And I said~"No."And he says""I see and he said."Look over there.I,!'And I said~liy~S."And he said~ Well~this one day he says~"Come here."And I went in and I said. Yes.He took them and threw them across the room and he also woule have me come and point to certain places in the room and say that he He just got up and went and shook all the needles off the tree. why did he do that? .What wou.ld you observe abouthiIn like if he came to the table ~t Q ! A "Q A 0( z0(>oJ>-UIZ Z1&1 t'Qz~ 0I-~A:x:UI0( ~ .:0ii:I-UI C oJ 0( !:! 0:>.., :I:l-I'NQ iiiIl:III Al-ll:00-IIIIl:Ql-ll::>0u. oJ 0( u ii:AlI.0 they were terrible stories for my kids to hear.He wanted to shoot... everybody~kill everybody.And he sh.ould be .r:unning the country. Q Was this rational talk? A No~it wasn'tl no.He would tell how when he was younger he had g tten someone and he pulled his guns out and shot him and made them kneel down on the railroad track while he shot them both while he '-----_.....::.._-------------------------~- Bervl Botton made them say the Lord's Prayer. Was there any truth to this? No. --------------------- 16 What did he say about religion or who he was? Well~this one day he came out to the table and he said~"I have a big responsibility to the people."And I said~"What do you mean?" And he says~"Well"I'm the s'econd Jesus Christ,you might as well say." And about an angel? Tl:Inen he said that when he was 18 months old an angel came in the kitchen~he was in a bassinet,I guess~and this angel took him up into Heaven and when he got there he sawall these people.And all he could see was their heads and shoulders.And that I s the way he talked several times.And then he used to stick h~s fingers up in his nose and make his nose bleed.And I don't know why.he did this.,~t •... What about his neck? Yes.He used to crack his head and I could hear the ~o,nescracking in his neck and head and it scared me.I said~""Should I take you, to the doctor?"He said~"They're no good.'1 ~an 'do i"t 'myself." ' Tell me this -Mrs.Botton"you say you had observed the man in thE years before,let's say before he went to the hospital~even in '67. A Yes. Q Did he participate in thes e types of actions then? A I never saw him do anything like that~no.I never saw him do anythip,g ,', Beryl Botton 17 like that,like undress or pick his nose like that.He was always a... gentleman. " Q With reference to what you have stated about the d.isorientation of I e A his mind,did you obs erve thes e kind of things in the years before? Before '68? a Priest,when he would come and hit that mirror,it would be electricity and if he wasn't carefultrhe could die right there. his head and things had to be dark and when this man,I guess it was Did he actually have this mirror that he talked about? " how he used it.He said that he would have to put a blanket over . or do good for them or do bad.He could 'tell~lik'e the general health Yes. No,he didnIt ~o them.things like that. of people.And he always claimed to be a doctor of some sort. I never saw it.Yes,,h~'had it.He would go upstairs and he told me Well.he had this mirror.He chUrned that he c;ould pull anything in ....,,'".'..~.., across the sea or where ever,and tell tli~way people a:r"~doing What about a mirror? ~Q <~I ~Azz 1&1~Qzo..~A ::tUI<~ ..:oit.. UI C ..J~o C~Q :I:l-I' N A iii0:1&1..0:oB-1&10:..0:::>·8 .J<0( u ii:II.o Q Now did he ever make any statements,and again I am directing your attention to this period of time after he came out of the hos pital in.. Novcember of 1968,did he ever make any statements about his mone ? A About his money?Yes.he always said that he was going to leave 'his money to the children because he didn't want them to cuss him when he was under the ground. " '..... Beryl Botton Q .And did he ever talk about his daughters? A Yes.He always talked good about his daughters"yes'.',- 18 Q A Q 0( z0(>~AVIz Z1&1~QzoI-~A J:VI~Q iiill:~All:o0.1&1ll: l-ll: ::J 8Q .J0( ~AlI.o Q What are his daughters 'names? Florence TI::I.e;r:lprrand Violet Bergmann. And where were the daughters living and where do they still live, as a matter cf fact? -Florence lives in Indiana and Violet lives in Iowa. Are they both here in the Courtroom this morning? Yes. And his son"of course,is your husband"Sam Botton. Yes. And Sam is in the Courtroom here also. Yes. Now when did he then l~ave your hom e"Mrs.Botton? I don't remember the exact date.It was in January about---maybe around the 12thl I don't know. Now that is of 1969? Yes. This year? A .Yes.I had gotten the flu and my husband had to stay home and take care of him"cook for him and mel and -all;and so he decided it would be better to'go down to Joe Lorenzo's for a few days until I got better. I Q Now is Joe Lorenzo the good friend that you talked about? Beryl Botton 19 Au.gust"I remember---no"it was '~7.And he had fallen out of the b rn '-'.~. And then after that he went down to t~e D1Andrea home until he got Yes.He had fa~len out of the bar.n,I think it was in 148"it was in ,. ,',," ..Yes"she is. Andis Mrs.Marian D'Andrea here in Court?" Oh,yes.' his life? Yes,,'he went back on the farm and D'Andrea's moved in. Now after Mr.Rocco Botton went back with Joe Lorenzq in;,January .'~.I ~,~'".. as well as the friendship with Joe Lorenzo continue for the rest of The point,I w~nt to .a~k is"did this friendship with the D'Andrea's" I!:'....Then they came up--- better. on his.head out of the haymow and he went to the hospital for'awhile. Yes"he is. had lived with Ralph1_'and Marian D'Andrea.' Yes~from Donora. Is Joe Lorenzo here in the Court? ;.And also you had mentioned earlier in your testimony that Mr.Botto 'A . Q A Q -- iA 0<>oJ>-I/)z Z1&1a. i0l-e>z ::cI/) 0<~ ~uit Ql-I/)--0 oJ A~uC:J Q.., :tl-I'(\I iiill: 1&1 l-ll: 0a.1&1 ll:Al-ll: :J 0 Qu oJ«U AiLII.0 Q of 1969"then what happened to him? A Well"Frances Martos called him. Q Go slowly. A Franc6:,s Martos. Q Is she here in Court? Bervl Botton A Yes.And she said that she wanted to move in up at the farm with him because I guess they were having trouble finding a place to live and she said she would go up to the farm and occupy those rOoms. As a result of that"did Mr.Botton go back to the farm? Yes"he went back up to the farm. And then shortly after"what happened to him? Well"he got sick again. And when would that be? In Fe bruary. February of 1969? Yes. And how long was he then in the hospital"approximately? I think it was till about March 3.rd. 20 And do you know what was wrong with him then? - ,'I.' He had several different things 'the matter:v,ijth him'then;arterioscle ~osis and his asthma,and I just don't know. MR.BELL:Objection"Your Honor.L don't think the witness should testify.She's not me~icallyable to testify and it's all hearsay. MR.ROSENBERG:If'Your Honor please, I don't mean to belabor"but we do have all the hospital records and"Your Honor,we will follow it up with Dr. Bonessi',and other doctors and we will introduce the hospital records.I was just putting it in to give her Beryl Botton knowledge of what was wrong. A I talked to---- 21 MR.BELL: THE COURT: Objection"Your Honor. Of course"we understand that.. I.. 0( z 0( ~>,VI:zz\&III. iol-I' Z ::tVI0( ~ t-=~Q Iiia...0( ~C ::l... :tI-r-NA the witness is speaking as a layman.But arteriosclerosis 'is the medical name for something tpat,is v,ery common.: And it is nothing more o~less than hard-ening of the arteri's. Xou can call it hardening of the a,:r:t~ries as a layman or you can call it arteriosclerosis..I.don't think it does any harm. Now"~rs.Botton"as a result of your :father-in-law's condition in February and into March of 1969,where did your husband and the two sisters and you want to have him go? Well"we talked with Dr.Bonessi and made arrangements to send iiilI:~him to the Manor for awhile.lI:oII.\&I lI:Q Now when you say the Manor,dC)you mean the Washington Manor thatl-ll: ::loo is located in Washington out at Beau Street at the intersection with...0( oii:70?II.o Q And what kind of a facility is that? A Yes. A It's a wonderful place.We went through it and it's a nursing home and they would have had everything there to give him the proper treatment. Q And did you and your husband tell him that you wanted him to go ther ~? ~IP v 'Rotton ~2 A Yes.But Dr.Bonessi told him first.'. Q I see.In other words,you had made the arraggements with Dr. Bonessi. A e Q ~A<>,oJ ~Qzz1&1 11..Az 0I-el~:rIII<,~Q ..:~ 0:I-III e Ci ..J A~uCi :J Q., :tI-,.. N iii0:1&1I-A0: 0Q. 1&1 0:QI-0::J0 Au oJ<uiL QLl.0 A Q A Q A Yes.We had made the arrangements with Dr.Bonessi. Did he go to the Manor,that is Mr.Botton? No,he did not. What happened? Well,Marie Selvoski came in and took him without our knowledge 'or permission. -Now Marie Selvoski is the Executor of the will that's been presented here. Yes. Now you say 'that this was not with the permission of you and your husband? No.She just came in and took him from the hospital. Where did she take him? She took him to her home. And where is her home? In Ontario. Is that in Washington County? Y~s,in ,washington County. How big a home does she have? She has four rooms and then on the back,I don't know if it had been a porch,'but they'made it a little bedroom for their son.I would Beryl Botton 23 say there's five rooms with this little room. Q I hadn't asked you and I want to now.did you have occasion to visit Rocco in the hos pital during February up to March 3rd.1969? "I Yes. in and took him. Yes. ." ~.;.No. April 20th. Ti11 about when? I think around April 15th. Can you give us the approximate date that he was back in the hospita ? .',t .J\{~f •,t"• He went back to the hospital. All right.What then happened on or about the middle of April ? And did you have occasion to see him in the hos'pital? Now again.tell ,us.and be as specific as you can.what you obserVE d No"I didn't 'go to Marie's house because I didn't like how she went Did you have occasion then to see him at Marie's·house after she too~ him in March? He wasn't strong.He was getting weaker all the time. Now tell the Court whatyou observed about the man at that time. What did you observe about his strength? Well.his mind wandered and he just was failing all the time.And he needed proper care.And he was really a sick man. So you didn't go there immediately?' A, e Q c(Az<>oJ>-IIIZZ III~Qz0I-~A :J:III ;Q ..:uii:I-III C oJ A ~uC:J., :r:..,..Q'N iiill:III Al-ll:0Q. III Qll: l-ll::J0 Au oJ<u QiLlI.0 A Q A Q A Q Beryl Botton 24 about him physically and mentally in April. A Well,he was getting weaker and his mind wandered and he didn't kno Kr where he was at times.And he was getting weaker all the time. ,I ~. And did you then have occasion,did you go over to Marie's? If you knowz.did the hospital have to use any device of restraint? Was this to,if you know,was he at times wandering in the halls? ,,.,'~. 1 ., ;.. ..1,,.-, I wanted to see him and I went upYes,I did g?up to Marie's then. Yes. Back to Marie's? He went back to Marie Selvoski's. April 20th? Where did he go back to when he came out of the hospital on or about window . Tied him down with a sheet? Yes.He was wandering in the halls and I guess he went over to the With a thing they put around him. Well,it was they tied him down. Tell us what it was. Yes. window and the orderlies were afraid he was going to jump out the I QeI A 0(zQ0(>oJ~AzzIIIII. iQ 0l-e"~AJ:VI0( ~Q t-=0~A VIeCi oJ 0( Q c::>.., :I:l-I'- N Q uill:III l-ll: 0II.III ~A ll:::>0u Q-oJ 0( uii:AlI.0 e Q A to Marie's to see him. Q Did your husband go also? . A YesjO ,he went too. Q Now tell us what would occur when you went to see him at Marie Be',/1 Botton Selvoski~s. A Well.when we talked to him she answered all'his ques bons.She wouldn't let him talk for himself. Q Would she permit him to be alone with you or other members of the fa,mily? 25 «zA0(~>-IIIZZ \&III. ioI- Cl~Q III0(~ ..=o~AIIIc .J~o C =:Q J:l-I'N A iii0:\&II-0:oII.\&I:Q 0: ::Joo A.J0( o......o t .,. No.she never left.She never left him;and I know It was in July thei~ daughter's birthday.we went up and they had both been drinking.but they still didn't leave the room. You mean that when you would be there to visit him sne would not leave the room? No,she wouldn't leave the room.And we couldn't talk to him.She would say."Oh,he's all right;he's all right." What did you see about him? He was getting weaker all the time and he was so thin.H=was like a skeleton. And mentally.what did you observe? Well,he would be very restless .He wauld be on the couch and he would get up.put his shoes on.sit back down.lay back the other way.get up and take his shoes off.lay the 'other way.He was very restless and he played with the pillows. Q What do you mean,played with the pillows? A Well.throw it and just playing with the pillow. Q Tell me.where did he sleep? A He slept on the cou:ch. B,ervl Botton In a bedroom?' He had no bed there.He slept on the couch. And what did he tell you about where he would sleep at night? Well,he said that he slept on the floor;he was afraid of falling off the c·ouch. Now wereethere times that you went there that he wouldn't converse? No~he wouldn:t. What would you observe? Well,just like he was sitting there and he was l~ying there on the couch like his mind wasn't there.His mind wandered,and he just wasn't with us. Who went with you to see him-at Marie's in July of 1969? Well~we went up like on a Friday and he told me that he wanted to see his daughters,so I caped Florence and,Florence came in. And when she came onthe Sunday--- Wait'a minute.That's Florence-...;.- Lerum. Who lives in Indiana? Yes. All right.Did she come? Yes,she came on that Sunday and we went right up from the airport Tell us what occurred:: When we went up he was sitting there on the porch with Mr.Selvosk . With who? 26 Beryl Botton Mr.Selvoski. That is Charles Selvoski,Jr.•that is the husband of Marie? Yes. Is he also called Junior? Yes. Now what occurred?Was Marie there,first of raIl? She wasn't there right away" What did Florence state that she would do? 27 Well.when we went up on the porch,Florence---he grabbed Florence' and hugged her and he started to cry and Florence started to cry and she says.flOh.Pop,you're so thin."What was ·your question? Q What did Florence say she was going to do with him? A She said,"I'll take you home to Indiana with me.II Q What did Junior Selvoski do}" A He just hit the roof.He said,"You're not te:tkip.g him;he stays here You're going to take him over my dead body."I Q Did Marie then come back? A Yes',Marie came back. Q And tell the Court what occurred then. A Well,there was a big argument. MR.BELL: ~",."~•" ./ : ~., I object t~all this;I think it's irrelevant to what happened on ~~rch 31st,the day th will was written.Som,e time had passed from the date of the will. ,,.., Bervl Botton 28 THE COURT: Exception noted. The objection is overruled A Marie,well,she was really mad;she said we weren't going to take him down home.We wanted to take him home for supper and they just wouldn't let him go.And Marie was so mad and then she wouHln' let Florence talk to her dad.She kept butting in everytime that Florence tried to talk to him. So as a result.what did Florence do? Then Florence started to talk to her dad in Italian. When she started ,to talk Italian.what did Marie do?. Marie i.,hit her. Marie hit Florence ? Yes.she hit her real hard.' .So then what did she do?.. Well,there was an argument but we tried not to pay at~ention to upse Rocco too muchl and she just kept talking in Italian to her dad and asking him to come down. Without going into further detail,would Marie and her husband let you take him? No. And thereafter.did you seek legal counsel about it? Yesl we did.We came int to see Sigmund Bloom the nerxt day,whicl was Monday. Beryl Botton Q And what happened before you took any legal action? A Well.he went back to the hos pital. Q When would that be?Can you give us the approxima te date?Well. what month? 29 A ~Qz~>~AVIzZIII~QzoI- ClZ :rVI~A iii0:III AI-0:0Q. III QII: I-0: ::l0 Au .J~ u Qii:lL0 A It was in July of '69. How long i:::\was he in the hospital that time~ap'proxina tely? He was there a week. , Now what was done or what instructions were ,gIven oy 'your'husband and yourself and'to whom when he was back in the hospital in July? Well,we went to see Dr.Berman in his office tovrelease him to the Manor.We went to the Manor and put his name there. Did you give specific instructions to Dr.Berman? Yes.to Dr.Berman and to Dr.Smith. Where was he to go? ,He was to go to the Manor. -And you say that you went to the Manor and made arrangements? Yes.We went to the Manor and made arrangements. Tell us---I'm sorry"go ahead. We told the doctor if he made a fuss about the Manor that he was to come down to our house. Q .Now I hadn't asked you.but I want to know what you observed about f!:im in July in the hos pital. A He was very weak and his mind was like an infant. Q In your opinion,this is your opinion as a layman.had his condition further deteriorated? Beryl Botton 30 Q Did he have any device in him? A Q A e Q' :5 Az<> gQ zz1&1 AII, I !e i 0l-e>Qz i:UI<A:= ,.: 0 QitI-UI0 A...< 00 Q:l., :t:..."AC\l iiiIl1&1 Ql-II0II,1&1 AIl l-II :l0 Qu .J< u Aii:l&. 0 Yes. What did he say once when some body was going to take a drink of wa er? Wei}.,'Florence was going to get a drink of water. What is Florence,his daughter? Yes.And he says,"Don't drink that;don't drink;that;it's poison. Is this in the hos pital? Yes,that was at the hos pital. Now in spite of your instructions,where was he discharged to? He was discharged to Marie Selvosk~'s. Did she take him back? Yes. How long did he live thereafter? He died August 8th. Now did you have occasion to see him between--- I went up,yes. Tell us what you saw about him. He just laid there,staring off into space.And when he did talk he could only whisper.He was very weak. A What doyou mean? Q Any mechanical---- A Yes,he had this catheter.And Marie complained to me that it wasn't working right,that he'd pulled on it. Q Did you feel that he could get the necessarymedical care? iA .No~I didn't.I told her that.she'd better take,him"to the doctor becausj= that was ver y dangerous and she said she was tending to him. ".Q You say that he then died on August 8th '( Yes. At ~where? !\t the Washington Hospital.I guess down in the Emergency Room. In other words~he was taken back in and died before he was admitted. :Yes. You may cross examine . That was Marie Selvoski's parents~is that correct? I'm not ~ure of just when they moved in.But they feft in'February .Mrs."Botton~how long did the Collins live on the farm?Do you recall? 1 of 1969.I think they moved in in '56 or '57 . •~..I!!/,.BELL: Yes. ..:u it....UIi5 .J<u i5;CROSS EXA MINATION BY MR ~ :t..,.. ~ iiilI:~oII. III lI:....lI: :J PQ.J<uii:AII.o Q Was Rocco living up there too at that time? A Yes. Q So they lived together? A Not together.He had his side and they had theirs. Q Would you go up and visit Rocco during this period? A Yes. Beryl Botton Q Did Marie go up and visit him too? A Yes,she went up to visit her mother.I would see her up there.I would go on their side.Her mother would invite me over for coffee 32 I e Q once in a wh:ile. Getting back to July or December ~f '68,you say Rocco lived,with yc u? ~A Yes.z 0(>oJ~Q And this is after he came out of the hospital?zz1&1 II.A Yes.i.oI-~Q How long did he live with you? :tUI0(~A Eight or nine weeks . .... ~QI-UIC, oJ A0(o~Q x..r- N A When he left your place,that was .in January you say. Yes. Where did he go? Down to Joe Lorenzo's . '" Yes.My husband missed work to cook for him,so he went down to uia:~Qa:oII.~A I-a: :J8 Q oJ0( ~Al&.o What was his purpose of leaving your place? I was sick in bed with the flu. That is why he left? ".--.. "t Joe's because my husband couldn't miss work. Q When Rocco left,I'll call him Rocco for purposes here,when he left,was he mad"at you or your husband? A No. Q While he stayed with you in that eight or nine weeks,isn't it true that you and your husband or both of you requested him to sign the "'Rp-rv'"Rntton deed to the farm over to you all ? A What? Q .That you requested Rocco to sign the deed to,the farm over to you all 33 Ie A Q No.I don't like to be insulted like that.No. He did not? What did you say that was over? That was because Flore'nce·talked Italian to her dad and she couldn't ~A No. 0(>~~Q Isn't this why he left youand'went to Joe Lorenzo's?zz1&1~A No.I'm not that type. oI-~Q Getting back to July.I believe you said that Marie hit Flor ence. :J: lI) 0(~Rocco's daughter.Is that correct?_ ..:uii:Al-ll) Ci ~Q ~o::A :t..r-N lIill: 1&1 Ql-ll:0Q. 1&1 ll:Al-ll::J, 0 Qu ~ 0( u ii:l/.0 understand what they were tai~ing about., You are sure that's why she hit her? I said it. But do you remember or recall a conversation at th~t same time. when Marie was telling Florence that why Rocco came down was because he was mad at you and Sam for the reason'that you wanted him to convey the farm for a dollar.and you refus ed to do it? A I've never heard of such a thing. Q IsnIt that when---1',11 use thes e words ---isn't that when Florence told Marie.for telling her something like that."You're just likerthatbitchupatthefarm."meaning Marie's mother.and this isI---:-----u---:-------...:-~~~.:.=....=...=..~=-=--!--I A Q A e Q ~z 0(>...J~AzzIIICl. i0I-~QxlI) 0( 3 .:u it Al-ll) 0e~Q u 0:J A.., :t...... N Q iiilI:III Al-ll:0D-IIIa:QI-a::J 0 Au ...J 0( u ii:Q... 0 A Q A Beryl BotlDn when Marie hit her?Isn't that what really happened? No. That isn't what happened? No. How did Marie and her'husband take care of Rocco?Did they provide him food? Well~when I was up there I'd say~"What did you have to eat?"And he said,"I had coffee this morning." Did Marie take him to the hospital,to the doctor's when he wanted to go? I don't know how often she took him to the doctor's. When he got to the doctor's.didn't she take him? He was there at the hous e. Well,did she take him? I don't know when he went.When did he go? You don't know that? I know when he went to the hospital. Did Marie ever call you and .tel~you that he was at'the hospital?: Yes. Did she ever call you and tell you about his condition? > Yes.The day that he died she called about a half an hour before and she says.IlRocco is in the hos pital." 34 Q Well.any other time did she ever call you from the time she had hi n in February until the day he died.she never called you? Beryl Botton 35 A No.Joe Lorenzo called me and let me know that he was in the hospit~l. Q You are saying Marie and her husband never called you once about the father's condition? A Q No. Never did? ., <Az0<>~QIIIz ZI&l11. io~Az xIII0<~ No. Did they ever call you and tell you that you an,d Sam should come down and see your father? I would say after July there was once she called,she says,"I can 't handle him;he's spitting his food on the floor.Tell Sam to come up and see if he can't do something." Q Didn't she tell you that you should come down and see Sam's father and your father~in-law more often than what you did? A No. Q She never said that? A No. Q You say when he first went to Marie's house in February or March, first of March,you never went around to see him? A In March,that was when he was in the hospital after February. No,I didn't go.uP there to see him at Marie's house. Q Why didn't you go see him? A I didn't like how she took him out of the hospital. Q Didn't she call you and tell you she took him out of the hospital? A No. ,l' Bervl Botton Q Did Rocco ever get mad at you and tell you off? 36 A Well~we never had words.I know he used to object to my daug~ter going to church and we would argue about that. At the hos pital just before he went to .live with Marie~didn't he get mad~at you and tellyou off? Well,I remember I told him that he couldn't expect his'daughters to be coming in all the time,that they had their families,and he didn't like that. Now did he want to stay at the hospital at all? He didn't like the hos pital. And he wanted to be taken home,correct? •*,', He wanted to go home to his place. To the farm? Yes.He always wanted to go back to the farm;that was his home. He never told you that he wanted to'live with Marie and Junior? No. Never did tell you that? No. Did he ever tell you that he wanted to go to the nursing home? No.He never told us he would like to go to the nursing home becaus ~ he-didn't understand what a nursing home was. So he refused to go.Is that right? He thought it was a county home;he'thought it was the poor house. But he refused to go~never the less.Is that correct? Beryl BQtton .,37 A Yes. Q In fact,wouldn't you say Rocco was the type of person that really"did \ not want to go anywhere strange,like the hospital,he did not like;? " Is that correct? No. Yes. Wi th Florence? Yes. .. Let her finish .MR.ROSENBERG: This was on the porch,correct,of the Selvoski home? Florence and I went up together.I didn't know anyone else. Well,you were all together. Was Rocco on the porch too? We were on the porch. And I believe your husband~Sam~was with you.Is tha t correct? .' Do you recall in July when you and Florence were 'up at the Selvosk~~s home,do you recall that? Was a woman by the name of Tee Bussey there also with Florence? capable of thinking for himself,where he should be when he was that If you recall---- sick. care in February and ~t was the best place"for him to be.He wasn't Well~he went to the hospital for his own good.And he needed proper And he wouldn't want to go to the nursing home.Is that correct? A ~Q 0(>oJ ~Azz1&1II. i0I-ClZ XUI0( ~ ~uit QI-UI 0 .J0( U C::l Q.., :t..,.. <'« !IilI:: 1&1 Al-ll::0Q. 1&1 II:Ql-ll:: ::l 0 Au oJ 0( uiL QlI.0 A Q A Q A Q 38 Welll he had me call out there tohave Florence come down and he You stated in your direct testimony that you and your husband would From March to August,when he diedl how many times did you com€ You could never recall occasion\yhen you could talk to him by himsE If? ".\..\ Yes. Yes. No.He would have came tOOl if they hadn't held him back. How did they hold him back? At the Selvoski's home you couldn't. I never c€an~ What did Rocco say when you asked him to leave? Junior says,"Go in the house,Roc"go in the house."And finallYI Yes. Didn't it go on for about three hours you be'gged.him to'le~v~? he pushed him in the house . ,' And at this timel didn't you and Florence beg Rocco to leave?'.."...... never be able to talk to Rocco by himself.Is that right? Several times.I don't know. Leave Selvoski's? want ed to come down to visit with us down at my home. .How many times,-did you com e dow n there? A Q A Q A <zQ<.>oJ>-~Az 1&1Il. ~:.iQ 0I-elZ A:rUI<~ ....uii:QI-UI 0 oJ A< ~0 :l "'1 :x:I-,.. N ui Q Il:1&1l-ll:0a..1&1Il:Al-ll: :l0u QoJ< u ii:A... 0 e Q A Q down? A I wasn't there in March. a How "l hrl11+in A nril ? Bervl Botton A I went down after he came from the hos pital.I went up to their place after he came from the hos pital in April. Is that on Marie's phone call you cam e down? No ..He came home from the hospital in April and I think I went up -- no,it wasn't on her phone call. How a bout in May?How many tim es were you there? I don't know how many times I was there. What about June? In fact,I think it was in June.No,it was in July that--- That's the time you made most of your trips down? No.She had called Violet on the phone and her and Florence had talked on the phone.And Sam thought that Florence should come in and then it was,after that that we went up there that Sunday. The few times that you did go to the Selvoski's house--.-- It wasn't a few times. The times you went to the,Selvosk!'house to see Rocco,did he ever expose himself at the house? Well,he wasn't very modest. Did he ever expose hims elf ? No,he never took his pants down or anything like that,if that's what you mean. Q Was he always dressed? A Yes. Q ,Did he get around unassisted? Hp'rvl Hotton 40 A Q A Q A ~Qz~>..J>-A1/1ZZ1&1Do Qi0....el Az x:1/1~~Q t-=u ~A....1/1C ..J Q~ ~ 0:>A-, :t..,... N Q iiill:1&1 A....ll:0Do 1&1ll:Q....ll::>0 Au ..J~ Uii:QlL0 A .Q' A Q A Q No. You mean you had to lift him and carry him aroundJ someone? Yes.They had to practically carry him to the bath'room'. When was this? That was this sutnmer. WeilJ can you give me the month? I would s ~y June and July. How about in A pril when you saw himJ did he have to be carried arm nd ? He would have good days and bad days.He walked around some. He walked"around some? Yes J he walked'a little ~etter. I , How about his eyes?Did he have good eyes? I don't know how his eyes were.-.,. Did he wear glass es ? No,J he didn't have glasses on. When you saw himJ would he recognize you? Yes. Would he recognize Sam? Yes . Would he recognize Florence? Yes. Viola? No.I saidJ .'IDo you know who these people are?"And he saidJ "No.II. He didn't know who they were?He didn't recognize them?Is that ,~.\ I A Q A e Q iA I <>oJ~Qi I z\&I a..Az 0..e"Z :cIII<~Q ..,:,uirA..IIIec ~Q ~c:J A., Xl-I'- N Q iii II:\&I..A0:00..III 0:Q.. 0::J0 U oJ<uii:AII.0 e Q A Bervl Botton what you're saying now? No~he didn It recognize Violet. How about Joe Lorenzo?Did he recognize him? I was never up there when Joe was. How was RoccO'S speech? Kind of thick at times. At times? Yes.And sometimes he couldn't speak above a whisper,he was very weak. When was that? This was before he went to the hos pital. This is in July then? Well,it was June and July• He wasn't in the hospital in June. Well,you asked me how his speech was . How about in---do you remember in December or January when he left your p)~ace,how was his speech? Good. How was it in March? Good.You mean that he talked above a whisper,that he talked in hiE normal voice?Is that what you mean? 41 Q Yes. A Yes. Q When he was living at your home,you said that he would---he tore A Beryl Botton down the Chris tmas tree.I be(ieve. He shook all the needles off the Christmas tree. 42 Q Who was pres ent when he did that? , A My three daughters.I don'lt know if the boys were there or not. ", But-my three daughters.. ~Q ~>'.J>-mzz1&1 11..Az0I-~Q J:m~~A .,:u lI:QI-m Cie.J~UCi :J A-, :rl-I'N Q iiilI:1&1 Al-ll:0II.1&1 lI:Ql-ll: :J0 Au .J~u Qii: l1, 0 A And you said he saw someone.a spirit or something.Who was preseht when he saw that or when he made reference to it? I was and my little boy. You,were and your little boy? Yes . The Se1voski's home,when you were there.how was it kept up? Was,it pretty clean? It was all right. You stated Rocco slept on the couch,I believe. Yes. And did he ever talk to you about sleeping on the couch? W.ell,he said it was uncomfortable. And I think you said one time he slept on the floor. I don't know about one·time;he said at night held go on the floor so he couldnIt fall off. Q Are you aware of how many times Sam went to the Selvoski's to visi his father? A He went up several times. Q And do you know whether or not he'd be able to see his father by hin self? A Beryl Botton He always would come home and tell me he hadn't seen him by him- selfl that they stayed right there.And I remember that he used to' wet himself in June. 43 Q In J.une he used to wet hims elf? A ..:!:!II:t-UI i5 ~A !:!o ::Q :tl-I'- (II lfiII:IIIl-II:0ll.III II:AI-a::J 0u Q.J.0( Uii:AlI.0 Yes. Areyou sure that's in June? Yes~it was in June. How do you know that? Welll because when we were there he would wet. And about how many times wouid-you say all togethe,r thatyou saw _him from March till the time he died? It was several times. How many friends did Rocco have.,do you'know.,other than.,of course l you mentioned your family.,yourself and S~:rrt'and J.a=LorenzD. Who else would he see often? D'Andrea's. Did they ever come to the Selvoski home that you know of? I guess they did.I don't really know.You'll have to ask them. Q .I have no more questionsl Your Honor. MR.ROSENBERG: Rocco read and write? A No.,he couldn't read or write. MR.ROSENBERG: am I 'correct ? I jus t wanted to askl coul~ He could write his namel A :'Jeryl Botton Yes.He drew it like;it took him quite awhile to write his name. (Witness excus ed). MR.ROSENBERG:I think that's all. MRS.MARIAN D'ANDREA IS CALLED AND SWORN. ~DIRECT EXAMINATION BY MR.RCE ENBERG: I-elZ~Q What is your name please? ~~ . A Mrs.Marian D'Andrea.I-uit~Q And where do you livel Mrs.D'Andrea?c ..J~A 35 Maple Streetl Ellsworthl Box 404.o:J.,~Q Your age please?,.. N In other words,you knew him for about 35 years. Brookevale Manufacturing Company,Belle Vernon. iliAa:IIII-a:Q0B-IIIa: I-Aa::J0U ..I Q0( u ii:lo.A0 e Q A Q A Q 52. For how long a time did you know Rocco Botton? I've known Rocco since September of '34. 35 years. What is your occupation? I'm a seamstress. And by whom are you employed? Now where was Rocco's farrn?,,,, A It was located off of Route 40,going towards Scenery HilL And did you and y'our family have occasion at one time to live at the 45 farm? A Yes.We lived there nine years .•Q And could you tell us approximately when that was? ~ ~A We moved on the farm in '47.And we moved off i.n '55.We moved in>.J>-III~August of '47 and we mov~d off on August 15~in '55. 1&1II. iii0:1&1 itAoII.1&10: irQ :Jo~A0( u ii:lL.o After your family moved from the farm,did you aJ;ld your husband continue to remain friendly with Rocc,o'Jor the rest of his life? Yes,we did. And was he friendly toward you all ? Yes. Now it's been mentioned here that he fell out of the barn back in approximately '46 or '47. '46,Au.gust of '46. Just tell us briefly what occurred. Well,it was his birthday and he was even at my wedding when I got married.We were very close friends.And we used to visit him ofte and usually on his birthday because he liked to think ~hat som ebody thought of him.So I baked him a cake and we went up to visit him. And Sam was at the barn.He was putting hay---- Q If I may interrupt,was Sam living with him at that time? A Yes~he was. C:!:lYY'l ant married? Marian D'Andrea A Yes. Q What did Sam imorm you1 wit'hout--- A,He told me his dad had fallen off the barn.He had taken him to the ~,~.'." hospital and I had an old jalopy and I asked Sam to loan me his car so I could go up and visit his dad.And he gave me the car. 46 ..., ~Qz-<>..J~AzzIII 11..Qzol-I!) Z 1:Ul;A .,:uii:Iii i5 -'-<u~Q :t..,.. N A Q A Q A You saw him at the hospital then? Yes. Did Rocco have any other .sickness thereafter.I believe in the 'L60s. '63 ? He had pneumonia and he had an attack of miner's asthma..He had Dr.Salko at the time.When I lived on the farm I took him to the doctor's.He was a sick man for a long long time. I hadn't asked this -did Rocco work in the mine besides working on t~e farm? Yes.sir. Do you recall when he was in the hospital back in '63? Yes.Brownsville Hospital. What was that for? He had a double ruptured stomach. And do you recall seeing his sons and daughters there? No.I never---when we got there they'd already:been there and left. Now coming up to 1967.1968~did.you have occasions to visit Rocco at the farm? ·Yes.often. • I I <. Marian D'Andrea 47 Q And par~icularlyin the latter part fof 1968"what did you observe abo~t the man? A Well"I'm not a doctor or anything"but I didn't think Rocco was doin~ as well as.he thought he was.He never would admit that he was sick. And to me"I thought he was having little strokes. hands. start to do? feet would swell and he'd tell me he wouldn't have sensation in his And on occasions what did you observe about his mind?What did he We will strike that from I'm going to object to thatMR.BELL: THE COURT: Your Honor. the record. Well"he'd repeat things.But he was going back to his past.mostly wasn't shaped the way it should be.And I've h.ad sick parents"I've taken .care of ~ick people.and I would observe"and I could tell his His face"for one thing.There was times that he wasn't---his face All right.Mrs.D'Andrea"I wonder if you'd kindly tell the Court what you observed about the man or what was wrong with.him ? 0(. z0(>oJ>-IIIZZ1&1II. i0l-e! Z XIII0(:=Q ..:u lI:I-III C oJ A~uC:J., :t....... N vi lI:1&1l-ll: 0II..1&1 lI: l-ll: :J0 Q , 0 oJ 0( Uii:... 0 A the World War I"and his family"his mom and dad.And he just liked to t,ell stor~es. Q'Tell me something"did you have.occasions to see him :in the hosp~ta when he was there"I believe it was in November of 1968? A"Yes.I went to visit him everytime he was in the hospital.Marie..~.tljJ. Marian D'Andrea would call and tell us that he was in the hospital and 'r'd get a chance~ I'd go up to visit him. Q I see.You saw him there.Now what did you observe about him in He hos pital~phys ically'? A ~z~>-UI Z ZIII Il..QZoI-ClZ :t UI~~A ~o itl-UIc ~Q ~c~A :t.."N iii0:~QoII.III 0:A I-0: :l 8Q ..I0< U j;:A II.o PhysicaHy~he just was sick~He was a very sick man.I don't know what you'd want me to say.I'd just say that he wasn't responding to the medic~ne or medical care as well as he should have been. All right.Now tell us if you had occasion then to see him in Febryar lr of '69 in the hospital. ~.I'.. Yes~I saw him quite often in '69 because I had my husband at the hos pital at the time. "This was in the Washington Hospital? I . Washington Hospital.And my husband was down on the fourth'floor and Rocco was up on the fifth floor. And you saw him a lot? I saw him a lot.And Rocco wasn't doing well.. Tell us some of the things he started to do . Well~I went up there one morning and it was before breakfast~and 1 e was sitting in the hall on the bare floor~just with his little shirt~ and I told him~"What arejYD:u~'doing there?"And I us ed to holler at him all the time because that's my nature.I talk hard.. Q Was he exposing himself? A His back was all exposed~so I took him by the hand and I brought him in the room.And he told me he couldn't go in there.He says 'I Marian D'Andrea those men were waiting for him.This other'party in this other bed .-' told me that went on all the time.He asked me'what I was tb him~anc ~1 ~•I said just a friend.So I took him and put him in bed 'and ,c'~vered hin up. I' 4! Q ~Az<>oJ>-IIIZZIII II. iot-elZ J:'Ill<3 iiill:IIIt-ll:0II.III Q,ll: t-ll: :l0 Au oJ 0( u Qii:lI.0 A Q As a matter of fact~were there any men waiting for him? Nobody was there.There was nobody there.In fact"I sat and held his hand and talked to him in Italian and calmed him down.The nurs E told me I could do more for him than the medicine.She says,"How come he does everything you tell him?"And I told them~I said, "I lived with the man;I know how he is."I said""He's just a Iilonelyoldman. Now after pe:':l went out of the hospital,if you know,where did he go to? Well~I had a lot of problems of my own"and Marie would call me on the phone and let me know how he was getting along. Did he go to Marie rs ? Yes,he went to Marie Selvoski's house. Did you have occasion to visit Rocco at Marie's? Yes.I went up there twice. ,Tell me this:going back a little bit,Mrs.D'Andrea"over the year J had Rocco ever talked about what he wanted to do with the farm? A He used to talk to us all the time when we lived on the farm~then when re came and visited the house.He was a typical Jtalian man; he always thought that the male of the.family should carryon his Marian D'Andrea 50 good name and whatever he owned.And he always said,"Sam has to do right by his sisters.""But I never knew that he made a will or dre ~ papers or anything because he always wanted me to be an executor of the estate,'which I would not accept,and which Marie can verify that he often talked to us,talked to her about lis.He was always---"f to come and make his home with me.And I told him I didn't want parties that called me on the phone I buried Mr.Button with all his his miner's pension,he offered me his Social Security and he wanted him and I didn't want his money.And when I buried him I told the' ~he'had a personal problem,held come down and h~'d talk it over 0( ~~with us.rthink I know just more about his life than his children do.z, ZIII~Q And you say you would never accept,though,bei~g executor or any- 0' I-eIz thing like that? x (/) 0( ~A No.I told him,he wanted to com e to liye with us,and he offered me t-=u ii:Iiii5 oJ0( ~C :I.., :rI-""N 1- when he was alive,mostly because my parents raised us to respect troub~es and his money.I don I,t want nothing of his.I did what I coul ui0:: III I-a:oD.IIIa: I-a::Io U .J 0( uii:II.o ,people. MR.BELL:Your Honor,I think maybe the question is getting a little,rambling,or the answer. A ItI S not ramoling;it's the truth. MR.BELL:I'm sure it is. A It sure is. THE COURT:The lc:tter portion will bE stricken as not res ponsive to the question. , Marian D'Andrea Q,Now you have statedtthat you went on two occasions to visit him at Marie's house.Did you go with anybody? Yes;,I did.I went with Joe Lorenzo. And Joe Lorenzo is his other friend who is here in the Court? Yes. Now tell us,if you can,on the first occasion,what did you observe about Rocco? Well,Rocco was a sick man'.He .was very w,-eak.He wasn't happy, but that's his nature. Tell me this:would Marie let you and Joe on those occasions talk to 51 him without staying right there? No.She was there all the time. ,>,. , And what would happen if you would start to talk to him in Italian? Then I would translate to her in American what I was saying to him in Italian. How did Marie react? She just had a look that she didn't actually know what was being said. And I don't know if she believes me what I told her. Tell me this:was the man himself on these occasions?I mean did he act like the old Rocco thatyou knew? A No. Q Waslllie talkative?Was he conversive? A No.Toward the end there,Rocco got in a shell;he didn't care for .'nothing Or nobody. Q Marian D'Andrea And what about his speech? 1" 5~ A It was like I was telling you before.He would talk~',then all of a sudd n it seemed that he'd get thick.And you'd saYJ "What did you say?" "OhJ don It bother meJ "he saidJ "Nothing." In other wordsJ he I d get thick tongue. Yes .He couldn't express himself what he wanted to say. What did you observe about his eyes? t'. \ I think his eyes ight was failing him., MR.BELL: I don't see how she could--- THE COURT: and the answer is stricken. Now why do you say that~Mrs.D'Andrea? ,, I obj ect to that J Your Honpr. The objection ,is su.stainec Because he knew me by my voice instead of knowing me as a person Thes e obs ervations that you have madeJ I want you to put them in a period of time.They are from between February and---? The time he died._ The time he died at Marie's home? That's right. Now where did he say that he slept at Marie's? He told me---in factJ I asked him the second tim e that I was up ther e. I says to himJ "Where do you sleep?"I saysJ "Show me your room " is what I told him.He says to meJ "I sleep on the couch."He says "At night."he saidJ "II m afraid of falling off and I sleep on the floc r." ",#. Marian D'Andrea 53 And I related that to other peo ple. Q And am I correct that he did not sleep in hie bedroo~.?I ..".J" A He didn't tell me.He didn't even show me.He just sat in that one chair by the door all the while I was there.There was Marie,mysel time. involved. Did you have occasion to see him drink coffee or eat? sitting on the couch with us. The objection is sustainec . I object to that question,MR.BELL: THE COURT: Your Honor. Well,in your opinion,do you think Rocco is capable of taking care o' Not there.Not at Marie's;I n.ever went around lunch time or supper in your opinion~had he deteriorated?Do you know what I mean, In your opinion,during this period again,from when you saw him or I couldn't tell you.I never asked him because I.didn:'t want to get I see.Who seemed to be taking care of his business at that time? his business at that time? and Joe Lorenzo there and we were talking and her little girl was ,those couple occasions between February and when he died at Marie'~~ e ..:z0(>oJ~Qzz \IJ~A",z 0l-e>z :r III0( ~Q ,.:uii:AI-IIIec oJ~Uc~Q J:I-,.. C\I via: \IJI-a:0II.III'a: I-.a: :l0U oJ0( ~QIl..0 e deteriorated physically? A Yes.When he came to visit me the week after Easter,I didn't think he was the same man.He left my house crying like a baby. Q And what did you observe about him mentally? A Well,I told you before.I just didn't think he was the same man.HE Marian D'Andrea ',~\ could have been easily persuaded into anything.I know;I could have fume it. Q But you.didn't choose it? A No~sir,I wouldn't. 54 Q You may crOss examine. ~z· 0(>.J>-IIIZZ11/ II. ioI-~CROSS EXAMINATION BY MR.BELL: ~. III 0(~Q Mrs.D'A ndrea,dId you say that Rocco wanted to live with you? Yes~he did. When did he say he wanted to live with you? In fact.from what I understand here.at the trial today,that he hab made his will already when he wanted to come to live with me.sir. It was a week after Easter. And did he say why he wanted to live with you.rather than Sam or-- He just felt at home with me. I see.Now do you remember the dates that you were down to see Rocco at Selvosk!r's home? No.I do not remember the dates.Ijust know it ,was after he came hpme .., from the hospital.I have a lot of problems.1 had a husband with a broken back,sir.I was taking care of him.And I jUs~went up therE Q to visit him so that ~e couldn't say that I abandoned him. , Was it in March or was it April,May.June'or July? .. A I don't remember the dates. Q Could it have been in July? A It wasn't---I don't think---it was in July I went to see him at the hospital. Marie's home. do,make me a liar that I didn't go? July 15th,17th;the 15th was Monday,we went on.a Tuesday or I went to see him at Marie's home with Joe Lorenzo when I went anc ~-~.I>.If • I did not say the whole month of It was either the 17th or 18th of July becaus e I was .•t ,-...f •~... March? Not the w hole month of March. Did you see him in April?I'm talking abo ut the two times you were ilt March.I said during the time that my husband was at the hospital. see him;she talked to me;she greeted me.What are you trying to I have enough problems on my mind of my own.She knows I went to I don't remember the month,and I don't remember the date because Well,did you see him in March,would you say the whole month of Weanesday. What did you see him at the hos pital,what date? supposed to go back to work.I was.on vacation. : : Q ol:A Z<>...I>-IIIZ Z1&10. i0~Qz xIII<~ ~Auitt-III Ci ..J< ~0 Q:l '"':t.."" r6ll:A1&1l-ll: 00.1&1ll: l-ll::l0U ...I<uii:...0 Q No.I just want to know the dates. A My God,I'm not a secretary"you know.I only went to eighth grade. Q Mrs.D'Andrea,did Marie ever bring Rocco to your house? A/Yes,she did. Q Can you remember when she did that? Marian D'Andrea 56 A She brought him any time he wanted to come. Q ~he would bring him? A Yes..she would.She'd leave him and go shopping and pick him up.I have nothing against 11arie,sir. Q Do you recall from the time of 11arch of '69 to his death.did she ever bring him down to your house? rtold you she brought him any time he wanted to come".If he was iiving on the farm and she had to go to Bentleyville,she would drop Ilyou want to go down 11arnie's ?"He was ready,wasn't he,11arie? If you went down 2:00 o'clock in the morning.you say..him off. 0( z«:i>AIII Z ZIIIa. ioI-~Z XIII«~ Ie ..:~Q I-IIIQ...«U Q :l.., :t..~A Just answer my questions.Was he down at your house between the months of 11arch and August of '69 while he was staying at 11arie's house? He was down at my hous e.He was there when I was working,11arie ui0: IIII-0:oa. III 0: I-0: :l8 Q...« ~A ILo brought him down.And he was pretty sick;he was pretty weak.He would not wait for me to com e home from work. Would she leave him alone with you? Yes..she left him alone with my husband and my sister. Q Did he ever talk to you about 11arie? A He had nothing bad to say about them. Q Never had anything bad to say? A Never had nothing bad to say about the,ro. Q Did he ever talk to you about 11arie's children,the three children? A No. Marian D'Andrea 57 Q Did he tell you.that he was Godfather to thos e childre n? A He told me that he started them to churchjwhen he wanted to go to church he'd ask Marie to take them to church on Sunday;and he star ed her going to church;and that .the children w eren't baptized and he tol ~ tell her what he answered. him. know at the tim e. Yes. i', I.. him those two times? No.He didn't seem happy.He hasn't been happy for a long time. And did Rocco appear to you that he .was he;tppy when you'd go to see ~~ There were things that she wanted to know and I would ask him and All right.Did she ask you that? Yes.I talked to him in Italian.Then I'd tell Marie what I was askin Now when you were at Marie's house the two times you were there}ou You say you spoke Ifalian to him? Did you find out,that he was the Godfather of her children? Marie he thought they should be baptized because a person is born Later I did}yes. say Marie was,there also? with Original Sin.And I guess he's sponsor for them}which I didn't e . 0(z 0( ~>-IIIZZIII~Qz 0I-~A xIII0(~Q .,:0 I itI-IIIec I t' !::!c Q:J., x...... III A iii0:IIII-0: 0B-III Q0: I-0::J0 Au -I 0( 0 iL.l!.0 e Q A He hadn't been feeling well. Q Did he com<pla.in to you about being at Ma'rie's hou:se? A No}he didn't complain about being at Marie's hous e.He wanted to .. c( z c(>gQzz~A i 0t-~Z :rVI ;Q ..:!:!A0::t-lI!Q oJ~u i5:>., :I:..,.. (II iii0::1&It-o::0lL~Q t-o:::>0u oJ c( ~A II.0 e Q A Marian D'Andrea be at his own house.In fact,I didn't know his two rOoms were rented ,when "he came to my house;thCE e rooms were rented and I didn't knoVi . I told him,"Whydon't you go back on the farm and get somebody to move in and take care or'you?"He said he couldn't,but that man never told me that he had rented his two rooms.Becaus e his home was his castle and I never knew nothing. .' Did he ever complain toyou ab.out·livi~g at,Marie's ho'use?.,' I never asked him.I didn't care;I didn't want hi~to comp~ain becau~e I didn't want him to come to my hous e. I see.How did Marie treat him? J, As far as I could see,she treated him all right.I don't know.I didn't go to her house to visit Rocco to spy on her,.knowing he was going to die and leave her everything.I went there just to visit.I want you to know he owed me money when he died.He never settled with me.I can't understand how he was so free to sign things over. Now you said that when he live don the f arm you used to take him to the doc tor's.Is that correct? I did,yes. How come---did Sam ever take him?' Him and Sam had a bad time there when Sam got married because his father wanted him to marry an Italian girl.He just,you know these old-time people wanted their own race.And he just had it in for him because he married an American girl.And he couldn't 58 L understand people are people.And for a long time they were just on 1'----tt----~--------...4__- Marian D'Andrea the outs. Q And back in 1947~I think you said Rocco fell off the barn? A Yes. Q Who took him to the hos pital ? 59 A Sam did.Sam wasn't married at that time.That was '46. about five weeks ago? Five weeks ago on the phone,yes.She called me up and asked me to We're not talking back and forth here.Do you recall,talking fo Marie ~Q ~>.J~Azz1&1~Qzol-I:) Z XIII~~A Are you sure? I'm positive.I lived in Donora. ~....' iii-I!: 1&1 Al-I!:0B-1&1 I!: 1-' I!::J 0 Qu .J~ u Aj;: lI.0 e Q A be a witness for her and I told her I wasn't going to witness for nobody.And I wouldn't be here today-if I wasn't subpoenaed. I see.And do you remember telling her on the phone that Sam wouldr 't take Rocco to the hos pital when he fell off the barn? No~sir.That isn't true because Rocco was already in the hospital when I found out. You don't ever recall that? No~sir~unless I'm deteriorating. Do you remember,did Rocco's children see him much? Whenever he asked for them,they came.But Rocco wasn't the type of man to show any affection towards his children either. Q Do you recall when you were talking to Marie again,four,five,six weeks ago~that Rocco's children---you told her Rocco's children never did care about him? Marian D'Andrea '\:60 A They couldn't.How could you love anybody if they don't show you lOVE in return?Are you going to pet a dog and he's going to turn .around and bite you? ,Q .I see.I have no more questions. MR.ROSENBERG:That's all.The witness is excused. You may call a witness,sir. The Court will recess until 1:15. **** * * * *** *** (Witness excus ed).~z~~~THE COURT:zzIII II. Zol-e>z J:UI~~ ..,:(At 1:15 the same date,the hearing reconvened.)u 0:I-~THE COURT: .J~ Uo::FRANCES MARTOS IS'Gj\LLED AND SWORN. :t..,.. N DIRECT EXAMINATION BY MR.ROSENBERG: iiiII:III I-0:gQ II:: I-~AoU .J~Quii:II.o A What is your name please? Frances Martos. What is your present address? Box 369,Cokeburg. Q And your age? A 26. Q Your occupation,? A Housewif e. Q What is your husband's name? I I l'Y>.!'lnf'PQ M~rtoR 61, I IARonald.. Q What is his occupation?. A He's a miner. Q How are you related to Marie Selvoski? e A My sister., ~Q And her husband is your brother-in-law?z0(>~A Right.V)zz I~Q Did you live at one tim e on the Rocco Botton farm?i0~A Yes 6 I did.z :I: V) ;Q Can you tell us what your maiden name was? .,: ~A Collins.,0::l-V)e ~Q SQ you lived there with the Collins family?~u §A Yes .., x..l;Q Where were you in school when your family moved to the farm?-ai ffiA I was in eighth grade.I-0::00..~Q And for how long a time didyou then continue to live at the farm?I-0:::JSA Up unt il '68. oJ0(c,§Q Till 1968?..~:,l&. "-l&..0 ..~ A Yes.e , Q Now for about how long a time did your sister Marie live at.the farm,..A She was a senior when we moved in there and sh~got ll?arried..She ,.,,stayed with my mother and dad about a year., Q And you continued to live there after? A Yes. Frances Martos Q Now am I correct that when your family lived there.Mr.Botton had two rOoms by himself and your family occupied the rest of the house A Yes. Q .Now,:'during the time that you lived there.did Rocco's children come to see him? Yes.they did. children? Yes. Yes.he did. Your funor.I object to . ".. ..,,,~"'.~,.{ MR.BELL: witness.to refrain from it. Yes.he did. some of these leading questions he keeps asking the From your knowledge or what you observed.did he appear to like hi Yes. Did Rocco ,talk about his children? ., And Sam lived in Washington County. Were you aware that Viola and Florence were living out of state? ~Az0(>..J>-QIIIZZ1&1 Go Ai0l-t'Qz :I:III0(~A t-=0ii:QI-IIIi5 ..J A0( ~ 0 :J Q.., :t~"N ui0::III AI-0::0GoIII 0:: I-0:: :J 0U ..J0( u ii:Il. 0 THE COURT:Well;it wasn't exactly- leading.but we will ask counsel to be more careful. Q I will.Your Honor.Do you recall when Rocco was in the hospital i the latter part of 1968? A Yes. Q And did you have occasion to visit him there in the hospital? Frances Martolffi 63 I see.Was that at the time that you and your husband were going to And did you have 0 ccasion to see Rocco in the hospital in Fe bruary? Yes.I always went up there one time and tried to make it when he Vi as !"'·1 t Now while he was at Joe's.this is before he went back in the hospita -' .. f; r Yes. move up there? And then were your plans changed? Yes.they were. Yes. Yes.Did he go back? Before he went to the hospital ? Well.would this have been in December that he was with B'firyl,and Yes.And in February I think he went back up the farm. Sam? I think he went·with Beryl and Sammy. Yes~I visited.him. in February,do you know if he went back to the farm? . And then was he hos pitalized again,if you know~in FebruarYJ the t Tha t he was a sick man. What did you observe about him at that time? And where did he go after he left,the hospitalJ if you recall ? following February? I think he went to Joe Lorenzo's,•. A Q A Q A ~Qz~>oJ>-UIZz~A i0I-'ClQZ xUI~~ .:!:!All:I-UIe~Q ~u °A:J.., :t..~Q iiill:IIIl-ll:0Q. ~A l-ll: SQ oJ<uii:lI.0 A Q A Q A in the hospital. Frances Martos Tell the Court what you saw about him. ",.).. 64.- I just think he wasn't right;,his mind would wander. And did he seem to have any strength? SomeJ but not'much. And did you observe him in the halls and things?Can you explain whc t you saw? I never seen him in the halls. Tell me this,Mrs.Martos:had you had any type of 'nursing ex- perience? Yes J I did. What was it? I was a nurse's aid for two years at Washington Hospital. And as a result of being a nurse's aid,did you have occasion to see many people who were there hospitalized? Yes.I worked around all old people. Did you have experience in observing sick people? Yes. Use your experience as a nurse's aid and your observat'ion of Rocco ,Botton,and tell us what your opinion was of his,first,physical condition as you saw him in Febrilax:y of 1969. Well,he was sick and his mind would wander.A,nd you'd talk to him about somethingJ he'd talk about something else.He wouldn't respond.He wasn't responsive. \' Q Frances Martos Now was he this way in prior years when you had known him? 65 A No. Q In other words~had his physical and mental condition deteriorated when you saw him in February of '69'? A Yes . .Who did he go with when he came out of the hospital in February? Well~he was up the farm,then he went with my sister. That is your sister Marie? Yes. Did you have occasion to visit your sister's hou~e.let's say after he went there in February on occasions until he died in.August ? Yes. Are you aware that he was als 0 in the hos pital several times in betw en? Yes. And did you visit him in the hos pital also? Always got to visit him one time if I could make it each time he was in there...." Now wh.ere did he sleep at Marie's house? On the couch. What did you observe him doing about a mirror th'ere? She alwa,ys told me she was afraid he would grab it and pull it down on him~so she gave him pillows to play with. Q You mean he'd play with these pillows? A Yes. Frances Martos Q _Was there ever'any talk about money at your sister's house there? A Yes.My brother-in-law would say,"We're not after Rocco's money we 're kee ping him and taking care of him out of our hearts weI re doi g 66 it.". .~ Q ~z0(>-;'AUIzZIIIo..Qz0I-~A J: UI ;Q 1-" ~AI-UIeQ.JQ~l) §A., :tl-I'NQ uin: ~An:0Do~Q l-n::J SA.J0( l) ii:II.0 e ,, Did he talk about money on a number of occasions"your brother-in-:, •l'·'".....' law? Only once I heard him say. And te 11 me t-\1is:at the time who was handling all Qf Rocco's .affairs My sister. Who was taking care of the mails and the checks? She was,my sister. Would you say that she had taken complete ,charge of him? I would say so. Did you suspect anything at the time? Yes,I did. Well,what?Tdl the Court what you suspected.. I thought there was something wrong because she was acting differen~~_ since,like she was just guarding him;.not paying any attention, you know,not as much attention to me as she usually did. Q Did you notice a change in your sister? A Yes,I did. Q Now specifically,how did she act about Rocco? A She was real close to'him then;she called him Pa Pa and was very clos e to him then. Ie ,' Frances Martos Q Would she ever leave him alone when other people came? A.No. Q'And did you ever hear your sister and brother-in-law tell Rocco anything about his children?: Yes.They said his kids wanted to put him in a'home,"aI{d that's no ,. .kind of kids,that want to do something like that to ,their dad. What would Rocco do when they would say this? He wouldn't say anything,and just shake hisqead.. .Now since Rocco's death,have you fallen out with your sister and her hus band? Yes,I have. Could you tell us why;? Me and my brother-in-law had an argument over the farm ..And I ha~ talked toher after that and I figured she was 'mad at me because I was sticking up for my brothers.And I talked to her another time on the phone and he says,"You tell her I don.lt want her down here no more."And I told her I didn't have to come down there anymore. Is your testimony in any way influenced by the facts that you have just disclosed between your ~ister and brother-in-law and yourself? 67 A Q A Q No. Were you subpoenaed to come in here? Yes,I was. And in res pons e to that subpoena,are you telling everything that you know? A Q i~ Frances Martos I'm telling the truth,everything. You may cross examine. II~68 did the two daughters come to see Rocco? I can't remember.Maybe one time.Like I say,they came to see Frances,whe,n you lived at the farm and Rocco 'lived there also, 0( Z0(~~CROSS EXAMINATION BY MR.zZIIIIl..Q Z Q t-elZ X1/10( ~A BELL: ..=uitt-1/1c ~Q l)c::A :I:..,.. N Q him,but I can't remember when. How often would they come to see him? The two live out of town,they got there when they could.But Sammy came. How often did Sammy come? He ,came a good bit. You say you and your sister had a falling out.Wheh did you have th's falling auf? Not me and my sister;me and my brother-in-law. Yo'u and your,brot·h~r-in-law.What was this falling out over? We were at a tavern down the road and he'started talking about the farm,who done the work up there;and he said 'my brothers never did anything up there,which wasn't true. You are talking about your.brothers Louis and Ernest? ,.." A .' Q A e Q 0( z0(>~AIIIzZ1&1 0..Qz0I-~A I:III~Q .: !:!All:I-IIIeQ...Q0( u Q :).., :t,::;NA Itill: 1&1l-ll:00. ~Q l-ll::)SA...0( u Qii:II.0 e A Q A Q A ,Q Frances Martos Yes.And he said he worked up that·'farm 15 years and didn'~get anything. This is what Charles Selvoski said.Junior? Yes. Now I assume from February till Rocco died that you -talked to Rocco several times? Yes.I visited down there. And did he remember you when he saw you? I can't I\eally say.But he wouldn't talk t002rnuyh. Did he recognize you? I guess he did. Were you ever there when there were any other people at the house bes ides Junior and Marie? Was I ever there with any other people?There would be peo pIe all the time there when I was there most of the time. There would be people there all the time? ".1 Yes . Would Rocco be talking to them? Well.when he was real sick her.d always be laying down. And when was he real sick.what month? July and August. That was his sick period? Yes. Would you visit him in March or visit up the house in March? 09.'- Frances Mattos A .I went down there all the time when he was down there. Q And how was he in March?How did he appear?., A He was sick.He wasn't in his right mind,I don't think he was. 70 Q He·wasn't in his right mind?,.., A No. ~Q Did he ever talk to you about Marie? <~~A Not while he was down there.zzIII~Q He never mentioned Marie's name?zo~~A No.::c Ul<~Q Did he ever talk about the three children"Marie's children? Q Did Rocco ever tell you that he wanted to move up to the farm? Ie .' !IiIr~Qo. Q. IIIirA ~.' :JoU .J< U 'ii:QI/.o A Yes. What wauld he say about thep'l'? Efe'd just,like I can't remember what he'd say,but he'd talk about them. Well,did he say he loved them or cared for them? He never said he loved them;he never s aid he cared for them;I can' remember what he said.He'd just talk. Did you know he was the Go.dfather of tha:;e three children? Yes.And I'm the Godmother..' A He asked me .\~hen I wanted to move up there,he was going to go bac up~ Q When was that? A In February or the first part of March,somewhere in there. Frances Martos 71 Did he tell you you.and your husbaqd could move.up the farm? I know"but where at in the hos pital~in his room or in the halls? Did you ever see him expose himself down at Marie's house? Bu.t as far as being real sick,that was mostly in the month of July~ :~,., .'.. When was this?What month? No.But I've seen hi s zipper down a couple times.,. When he was rea I sick. Up at the hospital. Where was this at? Yes. Did you ever see him exposerhimse:lf:at;tlie hos'pital? Now at the hospital when you saw him at the hos pi~al~did _you eger.. No. Yes. In the'room. •Did he seem in his right mind then when he said that? Yes. That is when he'was living at Marie's? I guess he was then. see him in the halls of the hos pital ? Q A Q A Q ~A ~>oJ~QzzIIIII. i0~~A:r III~~Q ..:uitAI-IIIc ~Q ~c =:A :tl-I'- C\I Q iiia:III AI-a:0II.IIIa:Q~a: :l0 Au oJ« U ii:QII.0 e A Q correct ? A Yes. Q Now you said he'd play with pillows. A Yes. 1========tt=============F~r~a~n~c;;e~s~M~a~r~t~o~s==============~!d Q Marie took a mirror away from him or someone took a mirror away. What was that you said about the mirror? 'A She'd take the mirror away.There was a mirror above the couch. He'd always want to reach for it. Q She gav:e him pillows? Good. How did Marie treat Rocco? Would sbe take care of him? ~A Yzes. ~~Q What month,was that?Wasn't that in July?zzIII A.,A I don't know.zoI-~Q Could it ha've been in July? :tUltC~A Yes,:if you say so. ..=ua:QIiiCi ~A u Ci =:Q :t.."N A Yes. iiill:III Ql-ll:0a.IIIll:Al-ll:::>0 ,Qu .J~ u Aii:lI.0 Q Could he feed himself?Have you ever been there at dinner time?, Yes.He could feed himself,but he didn't have no appetite. I see.But when he ate,he fed himself"correct? Yes. Was he able to get around by'himself when you saw him at Marie 's .';house? A Yes.He was weak but he didn't want nobody to help him. ,Q He got around by hims elf,corr~ct? A Yes. Q Didn't Marie seem concerned for Rocco? A Q A Q 'e A ~Q ~>oJ ~AzzIII II..QZ0t-elZ :r VI~~A t-=0ii:Qt-IIIc ~A 0c:>., :t..,..NQ iii0:III~A. 0II.III :Q 0: :> 0u oJ~ ~AII.0 Martos Yes. And would she take him places? Yes. Do you know,of your own knowledge where she would take him? No",I don't know. You don't know where he would go? No. You said that Marie took care of his money.Did you ever see Rocce give her any money? No~I didn't. Did you ever see Rocco give her any checks? He'd get his checks and she'd go get themail~buthewouldn.tgive her any checks.She'd have them right there. All right.Who signed the c)1ecks?Did you eVt;r see that? No~I never. You said Marie would never leave Rocco alo~e.,You never saw Rocc( by himself? I was with him by myself.But I mean she wasn't-:--s~ew~s right there in the hous e. Q In the house.You mean a different part of the room you say? A Yes. Q Did you ever talk to Rocco by yourself,you and Rocco? A Like I told you before,he never talked that much. Q You have talked to him by yourself though without Marie or any Frances Martos of the members of the family being present.Is that correct? 74 A Q A Q ~z 0(>.J~AzzIII~Qz 0I-~A :x:III ;Q .: MA I-IIIe0.JQ0( 0 §A.., :t..."NQ iiiIl:~AIl:00..III Il:Q l-ll::J8 A.J 0( 0 Qi;: 11.,0 Yes. '{ Did Mar~e ever question you what he said? NOJ I can't remember. When Rocco was at Marie's house again from,:tyrarch till when he died in Aug ustJ did you ever see Rocco's children there? Yes.I've seen Beryl one time. Beryl? That's his daughter-fm-law .. Did you ever see Sam there? No.Not while I was there. While you were there with BerylJ did you see any arguments going 0 ? No . Was Rocco talking to Beryl? Yes.Not that much. Did he seem to know what he talked about when he talked to her? I can't remember what was said . Now you.said that as far as you were concernedJ Rocco was out of.. his mind.Is that correct?Is that what you said hereon direct examination? A Yes.He wasn't in his right mindJ I said. Q When are you speaking of,July or what month are you speaking of when he wasn't in his right mind? A I can't exactly remember the months,but he wasn't responsive. Q A Q A e·Q ~Az~>.J ~QzzIIIII, i 0l-t.?Az :t UI ~~ ..=~Q I-UI i5 .J A~ u 0 Q:>..., :tl-I'C\l A iii0::III QI-0:: 0II,IIIIl:Al-ll::>0 Qu .J~ uiLlI.0 e A, Q Frances Martos Now do you recall about September 6th or 7thJ I was down at your hot.se? Yes. And I think Marie was with me. Yes. And I talked to you about Rocco.Correct? Yes"you did. And do you recall tel~ing me that as far as you knew there was nothir g wrong with Rocco? Yes"I do.And if you would have came yourself I would have told you the truth. I see.Because Marie was with me--- That's rightJ because she was there. But you had nothing against Marie? No. In factJ I was down to see you twice.Is that correct? You only came to my house once.You didn't talk to me down Marie' But you did tell me there was nothing wrong with Rocco.Is that correct? Yes. Now you are saying the reason you told me that was beca"use Marie was ther e. A If you'd have came yourselfJ I'd have told you like I'm testifying today.I told you the truth.· Q I see.Isn't it true that you told Marie and Junior that why you were Frances Martos' mad was because you never:got anything? 76 A Q No"that's not true.I never said that. . I have no more questions,Your Honor. MR.ROSENBERG; (Witness excus ed). That's all. And for how many years did you know Rocco Botton ?. "<z<>..I>-IIIZ ZI&lII. ioI-~OSEPH LORENZO IS CALLED AND SWORN. :r:III<~DIRECT EXAMINATION BY MR.ROSENBERG; What is your name,sir? Joseph Lorenzo. And where do you live? '"In Donora,805 Heslep Avenue,Donora;. How old are you? A9. 18 years. "..!~ ,.z Q Were you a close friend of his? A Yes. Q How often would you see Rocco Botton? A Since I know him 18 years I used to go up the f~rm once a week), sometimes twice a week.That's when Marian D'Andrea live up the farm. No.That man can he hungry,he never ask you a bite to eat..You h d Q A Q A Q ::Az~>oJ~1Il Z Z\II~Qz0l-e>zi: 1Il~~A ..:0ii:QI-!!!aoJA~ 00~Q :tl-I'N A iiill:\II Ql-ll:00.\II ll:Al-ll::>0 Q0oJ~ 0 Aii:II.0 Q A Joseph Lorenzo You say that's when the D'Andrea's lived at the farm? Yes. ..-I ... Would Rocco visit your home? Yes. Often? ~.';".• 1Prettyoften.I used to go up and get him once a week~.so'metime I ge up every two weeksl bring him down my house..stay a couple days. I'm going to direct your attention to August of 1967 and ask youl do you recall whether Rocco was in the hos pital ? Yes. Now after he came out of the hospital~where did he go? To my hous e.. What was his condition then? Weak. And what did you and your wife do for him? We take care of him,cook for him~and he live with us. Was Rocco the kind of man that would ask you for something? No.Never. Would he ask you for something to eat? to push on him to eat. .-.. T Q You mean even if he was hungry he wouldn't ask for it? A No.That's what kind of man he is. Q Wh.at would you:do? A. Joseph Lorenzo Well,sit down at the table,my wife serve a dish.We force him to' eat,sit down with him.tell him he got to eat and he eat. 78 Q Did you build him up?. A Yes,I build him up. Q ~Az0(>gQ zz~A zoI-~Q :rIII~A Wh ere did he want to go back to? Up the farm. What happened in July of 1968? Yes. I?id you visit him? Yes. Was he back in the hospital?. ~~Q I-III~A 0( ogQ.., :I:..~A iiia:~Qa:olL ~A I-a::J8Q ..J 0( ~AlI.lI.o And did you take him again? Took him back to my house again.build him up again. What was his condition?What did he look like? Weak. And could you and your wife make him eat? Yes. Would he eat at your place? He eat everything we put on the table.He u.s ed to like Italian food, like spaghetti.ravioli,soup,this soup he used to like very much;h used to eat everything we put on the table.In the night we have coffee.cake with ice cream,som etime we make hamburger.he eat hamburger too at night. Q Do you recall him being in the hospital in December of 1968? A Yes. Joseph Lorenzo· ------------------- 79 Q And if you rememberl to whose house did he go to then? ~.";.II- A To Sam Botton. That's his son? Yes. Did Rocco talk about his son and daughters? He talk some goodl not bad;good. About how long did he stay with Sam thenl if you know? About sevenl eight weeks. Then to whos e house did he go to in January of 1969? To my house then.He called UPI he told his son to call Joel I want to go down his house~;:;;soIwent down pick him up. Was he mad at Sam or anything? N01 he wasn't mad. To you,r knowledgel did he ever get mad at Sam at that time? he No.He was weakl/never get mad. What was his condition then in January of 1969? He was a little bit weak,then he came my housel stay for three weekSI then my wife got telephone call.Frances call up to move up the farn . Now that is Frances Martos that just testified? Yes. Did he want to go with her?. He told me the reason he go bac.k becaus'e he have to m<?ve up the farm.I told him not to go up the farm yet until make sure she move up the farm,but he want to go back.He saidl "No j ~h~gonna move,•,_.4t I It she gonna move."So I took him back home.Then once a week I use~ . i Jos eph Lorenzo 80 to go see him and he started to go down again. .....,/ Weak. "Yes. No"she don't move .. I obj ect to that"YourMR.BELL:- no move up the farm?What's the reason?Why? question.Why they call him up to send him up the farm when they home"which he could stay with me the rest of his life.Tpa;t's the if'- to move up the farm,why they call up my house to ·make'that man go " to put him on his feet.In other words nowJ'if they had no intention right?He can't cook.That's the reason I bring him down 10 my hOUSE I ........•..;..• No.That man.never eat right.·He was -by himself.How could he eat Why?When he was at the farm,would he eat right? Yes.I want to take him back down my house"he have hope that Did Frances actually move up to the farm? And you say he started to get weaker and weaker? Frances go back up the farm. When you say go down"what do you mean? Starte d to getweak? Q A Q e A. 0( z0(>,gQ zz I 1&1II,Ai 0l-e>Qz J: III0(A~ ~u QitI-IIIei5 .J A~ !:!c:>.., xI-"N ui0:1&1 I-0: 0II, 1&1a: I-0::>0u .J0( u ii:l&.0 e Honor. THE COURT:The objection is sustaine . Q Did he go back to the hos pital in February? A '69? Q Yes.I'm sorry"'69. A Yes. .Toseoh Lorenzo i .. 81 ," Q Did you have ,occasion to visit him there? A I'went up the.hospital to visit him and he was very ~eCl;k.You lucky you understand him when you talk to him. .. A lot of time 1 had to ask.,.,, 0( zQ0(>..I>-'VIAzz1&1Do z'Q 0~ C)~AJ:VI'0(~Q ~0itAI-UIei5 ..I Q0( Ui5 ::l A., :tl-I'N iiill:1&1I-Qll:0Do1&1ll: l-ll: ::l00 A'..I 0( 0ii:lI.0 e Q A Q A him.you know me,,?And he take a look and say."Yes."1 know you." But then ,would he talk with you? Weak.very weak.He have no strength to talk. And ifyou know.did you ever see him exposed? Up the hos pital? Yes. Yes. Did he seem to know the difference between exposing himself and not? No.1 had to cover up sometime myself~what he have on.1 cover him up. Was Rocco that kind of a man ordinarily Wher~he didn't care abo.ut hims elf pers onally? He was too weak.He didn't know what he's doing.When you weak yeu, disgu.sted.yov,don~t care about anything. And as your visits went on.did he become stronger or weaker? You mean up the hospital? Yes. Well.he talk very low.he was too weak.He didn't have strength to talk. Q Where 'did he go when he left the hospital in February of 1969? Joseph Lorenzo 82 A To Marie's hous e... Q That's Marie Selvoski's? A Yes. Q Tell me~did you have occasion to go and visit him at Marie's?', It }".~ A Every week. talk Italian to him so he understand me better. Now would Marie ever let you talk to him alone? Whether she think I talk something about her~but I never did.I just because me and him have same kind of language.I came from Italy t ~o. She never leave me talk alone~even if I talk Italian to himNope. ~Qz·<~~AzzIIIII. ioI-~Z XIII<3 ..: -0 QitI-IIIC oJ A<o C:>Q.., :t..,... N A You say Marie wouldn't leave you alone? No~never did'. And did you offer to take him back to your house? I ask him,I like to take him back to my house,I w!=tnt to put him on ai0:IIII-0:oII.III0: I-0::>8 Q oJ< ~A...o his feet.After he get on his feet~I don't care,if you want to go up our hou.se or up farm,up Sam's,that IS his business. What did Marie say? She said I want to take his money.If I want to take his money~'I could have take it long time ago. Did Q /Marie say that to you? A That's right.So help me God.I hope he strikes me dead right now. Q Ym say that ---what did you mean you could have taken his money a long time ago if you wanted to? A Because,you know,I help him.If I wanted money~to leave the farm e Q <Az<>..J>-IIIZ Z1&1II. i0l-t:) Z :rIII<:c ~QlI:I-IIIecA..J ~ 2c ::l., :tI-~Q iiilI:1&1l-ll:0II.A1&1lI: l-ll: ::l Q0U ..J< u Aii:...0 e Q A Q Joseph Lorenzo 83 leave moneYI I saidl "Nol I don't want it.That don't belong to me. You have kids.I help with my heart because that's the way I was brat ght up.I don't want no money."He want to pay me.He want to pay my wife.My wife never take a penny,;" Now did you continue to see him through March and April and May? I see him till the week he die.The week before he die I went on MondaYI I went up to see him and he was very very weak.As a matte of factJ one time I had to change his pants for him.Then I tell him I come back the next weekJ I bring you some soup.But I went to workl I got a telephone callI Rocco die on Friday. Was this at Marie's house you last talked to him? Last time I talk it was on MondaYI Marie's house.Then on Friday I got telephone call he die up the hos pitall Emergency Room. Tell meJ d~.ring these months of March and April and May,Junel JulYJ where did Rocco sleep? On the couch. Where is the couch located? The livingroom.When you go in the housel shehave-a +ivingroom. I don't go in the bathroom or.noplace.The livingroom is as far as I went. You say he slept on the couch? i -, Yes. Who seemed to be taking charge of himl of his affairs?Who was 'taking care 'of everything? ~• c i..;,-0' -- ------------------ Joseph Lorenzo 84 MR.BELL:Objection,Your Honor. A Sher did,I gues s s he did .. THE COURT:The obj ectionis sustained. .to all the witnesses. Sir,.we will get along much better here in Court if you You may cross examine. wi~nesses will answer only the ques tion that has been aske you '.';'.' The objection is sustained Objection,Your Honor.MR.BELL: THE COURT: by c~)Unsel.Don't 'make any further r.emarks.That appliE s The ques tion is ---A•0( z,0(>.J>-VIZZ III 0- i0l-e>z :rVI0(~ j.: ~Q I-!!!e a .J~ UCi :J.., :J:..,.. N Mr.Lorenzo,you stated that Marie would never let you alone with· Rocco. Right. lfi0::~CRass EXAMINATION BY MR. 0::o0-~Q :t :J.oU .J<0( ij AiLII.o BELL: '. "4 Q Now I want you to think real hard.Isn't it true that while you were' there with Rocco many times Mar~e would .be down at her neighbor's house? A She never left the room.She stay all the time. Q Never? A No. Joseph Lorenzo 85 Q IsnIt it true that you would,go down to see>Rocco -and Marie wouldn't: eVen'be2__thete,she'd be out? A She stay in the room.If you want to put words ir:my.'mouth,that's , a different story. Tile last time ? Yes. Same room,livingroom. how long did he live with you? Let hini finish ..MR.ROSENBERG: Mr.Lorenzo--,-, farm"but she never,did. Mr.Lorenzo,when Rocco came to live wit~you,I believe in JanuariT, Three weeks.Until he got telephone call,Frances moVe up the afraid I talk against her.But I never did ..I got nothing against her. you and Rocco?_ And you spoke nothing but Italian to him?· That's right.But a lot of time I falk English because of her,she I'm ju.st asking a ,question.Was she always in the same room withQ <z<>~AIIIzZIII~Qz0I-~A :tIII<3: ..=0 Qii:I-III 0 oJ~~·0 Q:J., :t..,... N iii0::.III AI-0::-0B-III Q0:: I-0:: :J 0 Au oJ< 0ii:...0 Q When he came to live with you in January and he stayed for three weeks you say,that is when he left Sam and Beryl's hous e ..Is that correct? A Right. Q Did he tell you why he left Sam and Beryl's hous e? A Because he say his wife have the flu. Q A Joseph Lorenzo He didn't tell you he was mad at them because they wanted him to sign the house over for a dollar? No. 86 Q He didn't tell y.ou that? A ~Q 0(>~AI/)zZ 1&1a..QzoI-~A :z:I/);Q ..:uii:l-I/) ~A 0( !:!o ::l., :t.. l;Q uill:1&1l-ll:oa.~A l-ll: ::loU .J'C UiLll.o No. Are you sure of that? I'm sure of that. Did any-ladies from Pittsburgh or Donora visit Rocco? Which one?Which people you talk about? I don't know.I'm asking you,did anyone from out of town,Pittsburg or Donora visit Rocco when he was at Marie's house? I don't know.I just went to visit him.I don't know if anybody visit him or not. Are you saying you didn't know several ladies from Pittsburgh and Donora visited Rocco?You didn't know that? No.I just mind my own business.I visit him.If somebody visit hin, that's up to him.He never tell me.He was too weak to talk.You ha ~ to go close to him to hear him.How can a person talk if he had no strength? Q How long have you known Rocco? A 18 years. Q Now the time you knew Rocco,that period of time,did he believe in some type of (Occli.lm Do you know what I mean?Spirits or spiritualism? .1'-------_=.:....-_-- Joseph Lorenzo 87 A I don't know.That's his business. Q What about medicines?Did he like to take medicine? ,A If he had medicine"yes"he take medicine.If you have to take"you \ •Q have to take."You don't like"you have to take if they give you medicirle. Mr.Lorenzo"you have a daughterJdon't you? ~Az~>...I~Qzz1&1Q. io...~~xUI~~Q Yes. Ane wasn't your daughter very sick and she got well and you attributel:1 her healing"her being well to Rocco healing her? Now where you get this information at? Is that true or not? Do I have to answer that question? I donit know.I don't have to answer that question,. Beg pardon? I'm asking you the quest ion.Is that true or not?- The objection is over-rule~. ObJacted to as irrelevant THE corn T: MR.ROSENBERG: and immaterial. I asked it to you. And this witness should answer tpe qu:estion as best he I'm asking you where did you get this information at? ~uirAl-UIc ~Q u Ci~A xr,..NQ ui0:~A0:oQ. WO:Q...0:::JoU .J 0( Uii:lI.o e" canJ'If he is able to answer.the ques,tion"rather than to question counsel.It is not his prerog~tive to question counsel.His duty is to answer questions that are asked b lT,. counsel. Q, .Joseph Lorenzo Will you answer that question,Mr.Lorenzo? 88 A Do I have to answer that question.Your Honor? • THE COU1{T:: No.He didn't cure my daughter .. The answe r is no? No. You do. Did you ever tell Rocco.don't take any medicine the doctor gave you because you can get healed another way? .No.I never did.That's a bunch of lies.You like to get a Bible,I'll -swear on a Bible that it's a bunch of lies.I never tell him dontt take. no medicine.If a man is'sick,a -doctor give ~i:rp.m'edi'cine.you havp., to take.I'm no doctor. Did you ever argue with Rocco? What's that? Did you ever have <fights with Rocco? No. ,. ,..•• ~.." Do you.remember in Mayor June of this ye'ar.1969.that Marie got in her car or she got in her truck and she hit your car? Yes. Do you remember that? Yes. Was Rocco on the porch when that happened? Yes.he was on the porch. Isn't it true that you said that Marie did $90.00 worth of damage to ,, Joseph Lorenzo your car? That's what my garage said. What did Rocco say when you told him that? ., I He tell me I charge too mu:ch.I take what they give me,what the insurance give'me. He said that was too much.Marie didn't do all that damage.Isn't that what he told you? Yes~he was on the porch.But how can he see?He's very weak. How he'gonna see?I agree with her insuranc e~what they give me, so there w ill be no trouble. Didn't Rocco tell'you Mari~did not do all that damage to your car? Yes~he did. ,iB e cause he was a 'witness to that accident~right? Yes. And didn't he tell you that'if you were going to hook Marie like that~ don't bother coming'backto the house?,Didn't he tell you that? When a man sick~when a man--- Did he ask you that question?Yes or no. A p~rson can be out of hismirid;a man don't know what he's talking about a lot of time.It can happen to you or·to me.. Q Did,he say that,don't come back to my house if you're going to hook Marie like that ?Did he say that?' A He no tell me that. Q He didn't say that?He didn't say you're no friend of his if you hook • Joseoh Lorenzo his friend? A He never said it.He didn't say that.,,'.' Q Do you remem ber also this summer,Mayor June,thatyou wanted Rocco to get a certain weed for you 'gecause your wife was sick? Do you remember that? 90 • • ~A <>oJ>-IIIZZ1&1~Qz0l-e>Az xIII<~Q ..,: U Il:AI-IIICi oJ Q<uCi :l A... Xl-t-N Q iii II:1&1 Al-ll:0II.1&1Il:Ql-ll: :l0 Au oJ ~ 0ii:QlL.0 A Q A Q A I can get it myself.That's poison,poison ivy.If he went to store, you can find that better by yourself. Did Rocco walk down the road with you? He wanted to take a walk with me. Did you take him for a walk? I carry him on my shoulder. Did you get the weed? Yes,I got the weed. And did Rocco always know who you were?Did he recognize you? At that time,yes. That was in Mayor June"correct? Yes. Did he know you in March?Did you see him in March? Yes.I see him in March. Did you talk to him in March? He talked ,to me. Did he seem to know what he was talking about when you talked to hi n ? Sometime.A lot of,time I had to ask him when I talk to him I ask him if he make sure'"-- .Tosenh Lorenzo 91 Isn't it true that one time while you were,there .ta;lking to Rocco that Did he ever talk to you about Marie,whether he liked or disliked he]? About what case now? two kids she have. ..~ ,.. Yes,we do,sir,mindTHECOURT: Do you mind if I ask a question? Court. questions.You are only permitted to answer questions in his if you ask a question.And it is notyour prerogative to ask No. She allowed you to talk to Rocco"didn't she? She allowed me to talk to Rocco;but she was there all the time. No"she didn't tell me that. She never refus ed you admittance,did she? No.He never said.It ain't my business. Didn't Marie ever teil you never to come up to her house? got sick. Did he tell you he was the Godfather of those three children? Yes.He told me when they live up the farm.He told me before he Well,about baptizing the kids,that's all.he tell me•.He baptize the Did he ever talk to you about Marie's children? Did he ever talk to you about Marie?~ A Q' A Q ~Az<>oJ>III ZZIII II.Qi0l-e>Az :rIII<~ ..=u~.. I-IIIQ oJ~uQ :J.., :t..,... C\I iii0::III QI-0::0lL l&I0::AI-0:::J0 Qu oJ< uii:AlI.0 Q A Q • • • Marie left and said she was going to the farm and for you to ,watch Rocco while she was gone?,t A She told me that?I don't remember that. I .EIorenc:e..Lerum Q IU"lave no more questions. 92 I., MR.ROSENBERG: (Witness excus ed). That's all. ~z0(>gFLORENCE LERUM IS CALLED AND SWORN. zzIIIa..DIRECT EXAMINATION BY MR.ROSENBERG:ioI-~Q What'is your name please ? J:III ;A Mrs.Florence Lerum. •What is your pres ent address? 4968 KrrdlltorfRe.a<;i.lndianapolis.Indiana. And what is your occupation?., :tI- "'1\1 A h dI'm a.air resser. A 22 years ago. !IiII:~Q How were you related to the late Roecq B~tton? oQ. ~A I'm his daughter. l-ll: ::l8 Q What is your age please ? .J0( ~A 45. lI..o•Q How long ago were you married? Q And what is your husband's name? A Norman. Q At the time ofyour marriage,did you move away from Pennsylvania A Yes.We lived in South Bend,Indiana for five years.Then my husb nd Florence Lerum -93 was transferred to Indianapolisl Indiana. Q,Now over the yearsl did you visit with your father? A t"es. -Q How often?' A Very frequently. :pid your f_ather g~t along with your sister and your,brother als o?- .,". ','...... 1 •" -. -,,, 'j:, Very much.- Yes. Never. Would you say that you were all clos e with JOur father? Was there ever any serious family troubles betw,eenyour father and t.4 ,~•~.~..' ..I ..,I Very much so.He us~d to tell-me everything. Did you an-d your father Rocdo Botton get along well ? you and your sister and brother? ~Qz 0(>~A l/lzz~Q io-~Az J:l/l~Q iii~Q Did you know the Collins family? a:oll.~A Yes. I-a: ::I8 Q And_the D'Andrea's? .J0(gA Yes. II.o Q And Joe Lorerizoand his wife? A Yes. Q Do you recall whether or not your father had drawn a will back in _- 1967 ? A 'Yes. ~_-::--1t -:-~_M_R_._B_E_L_L_:__-.,;...__O_b_J_·e_c_t.:..t.....O_t_hl_·s_I.....;..Y_O_U_T_H.....o_n.+r_.__ This is immaterial and irrelevant. Florence Lerum THE COURT:The obj ecfion is overruled. Yes. the farm to remain.That was his tradition. All three of us children.And he always said he always wanted us .. provisions of the will were? To my sister~my brother and myself. never to fight or curse him.He always wanted the Botton name on And who was tO'receive everything under this will made in 'l.967? And to whom did your father give ac~py of this ,Will ?.'.. And did your father freely 'make the three of you.aware of what the Q A Q e ~Az0(> gQzz1&1 Do A i0l-e>z :r V)0( ~ ..:uit Ql-V) C oJ~UC:J-, %..~A ,Now did your brother~Sam~to your knowledge~give us a copy~the original~I'm sorry"did your brother,Sam~to your knowledge~,give us the original of the 1967 will? Yes. there is no objection by Mr.Bell to me marking the photostatic If Your Honor please"I .think that Your Honor has it and I was just please,I ha~e a photostatic copy of the original ,and I believe that' iiiII:~QII:oDo1&1a: I-a::JoU oJ0( uiL...o going to have it marked as an exhibit in the cas e.If the Court copy as Contestant's Exhibit "A ". (Ste'nographer marks Contestant's Exhibit "A".a photostat copy of the Last Will and Testament of Rocco Botton~dated March 13~1967 Q I would ask you to look at Exhibit "A 11 and to state whether or not that is a true and correct copy ot'the will made by your father in 19)7? A ... Yesl that's the one. Florence Lerum ." '.. 95 Q Did you have occasion to visit with your father:in th.e ~atter part of 1968 ? ;""_"I, A Q ~Az0(> gQ zz\II II.A i0l-e>z xIII ;Q ..:u AitI-III Q .J~U0 :J.., :J:..r-N iii1I:\IIl-ll:0II.\IIa: I-a: :J 0 Qu .J«0 AiL\I.0 Q A " Yes. And where was he at that time? Welll he was in the hospital in November.And I can't remember--- That would be November of '68? '68.And I think he went to my brother Sam then.And in December I would get phone calls constantly. From whom? From my father.And he would saYI "I wish you would come in. I want to see you.I want to talk to you.Would you please come in?' And he never called me so often.,So I talked to Beryl on the phone. She saidl "Yes l he wants you to come in."So I had to make arrangE - ments at workl which takes about two or three.days to arrange with my'customers.and I came in. Approxima~elywhen was that? That was abo.ut the first week in January. Of 1969? 19691 yes.Because around Christmas time we had very hard rush on hair work and what have youl arid I promised him distinc:t..,1)~.tit would be the latter part of December or JanuarYI which he was well satisfied. Q All right.Now how long did you stay with your father? Florence Lerum A About fiver six days. Q A Q A With whom was he living at that time? -.With my brother and my s"ister-in-:-law. Tha t would be Sam Botton and Beryl? Yes. Q Tell us first of all~what you observed about your father physically when you saw him then. A He was very ilL He didn't look like himself.His mind would wander back and forth and I thoughtl I never saw him that badl you know. And my brother was trying to care for him and he would tell me different tales and·what have you.And I remember one night when I was therel he came downstairs and he said to me~"You're crying. You were cryi~g."And I said~"No~I'm not crying."·He said~ "Ohl 'my :goodq.essl you're sick~I know.- I just have a feeling you'rE sick."And I felt so sorry for him.And I walked up the steps holding his hand.He was so weak.And I put him in bed and he said."I know there's gonna be a lot of snow in Indiana ~rid you're going to crack up in that plane."He never talked to me like that.I thought that waSI oh~mYI'what are we going to do?So when Sam and I and Beryl got to talking~I said~"We're just going to have to do somethi g about him.I' Q Now tell me this:what arrangements-.J did the three of you make for his care thereafter as a result of what condition you found? A That's when I called Bonessi and talked to him. I Florence Lerum 97 ,Q That is Dr.John Bonessi? , \ A That's Dr.Bonessi.i wanted to know how bad!his condition really was and he said he was bad and--- MR.BELL:1 obj ect to what the doctor A Yes,he did • Q Now in your opinion.Mrs.Lerum.did he need this at that time? Q And whom did you ai-range would tell him that he should go to the He wanted to put him in the Washington Manor,so he would have The obj ection is sus tainec .THE COURT: said.Your Honor." professional and right care. Washington Manor? What,if any arrangements did you make with Dr.Bonessi for the care of your father? A Q e ~z~>.J>-IIIZZ \IIII. i0l-e>z :rIII~~ ~!:1 D:I-!!!e c .J~ !:1c ::l... :t...,.. N iiiD: \II A'I-D: 0II.\IID: I-,D: :J0'U .J<uii:.,Il.. 0 With my brother and my sister and the three called each other and finally had my brother and Beryl and myself.-1 even agreed and talked with Dr.Bonessi that we wanted him in the Washington Manor for awhile until he got on his feet again and got well.Because he was ill. Q .,And thereafter.did you then go home? A That's right. Q And what did you learn had happened to your father after he was bac in the hospital in February? MR.BELL:1 object to this quest;f6n~,) '.0 ------------- Florence Lerum Your Honor. 98 THE COURT: knowing--- MR.BELL: hearsay. THE COURT: Well,we have no way of It sounds to me like it's We have no way of knowini what she learned.Of course,hearsay would be objectionablE. But she can state some conclusion that she learned.Ther ~ is nothing objectionable about that.Can't you give us an inkling of what this is all about,Mr.Rosenberg? MR.ROSENBERG:My offer,if the Court please,is what~'s already been put in by other witnesses, that she learned he was taken from the hospital by Mrs. Selvoski. THE COURT:It's alreadyin the record But it f S nothing objectionable about that.She learned that he was taken away.Is that what you learned,Mrs. Lerum?What did yo~learn? fhad le'arned that Mrs.Selvoski took my father to'her house. Now answer this yes or no.Was this with your permission? Not my permission;no. Now so far as you know,so far as you know,was this with the permission of any of the members of your family?- A No. ---------------------:-------------,.'. Florence Lerum Q Now ~thereafter,did yomave occasion to call back and forth and to talk,particularly with your brother Sam and your sister Beryl about your father living at the Selvoski home?I.A Q Yes. You were aware of it ? • ~Az0( ?i~QzzIII~Azo~~Q :tIII~A Yes. And did you approve of it? No,I didn't. Thereafter,did you call him there? Yes.I wrote to him several times,'never got an answer;sent him ..:uii:~III c ~Q u §A.., :tI-"N a Father's Day card,never got an-answer. Was this usual for him? Oh,I always got letters from Mrs.C6llins or Joe Lorenzo's wife or someone always responded.See,he didn't know how to read or he got on the phone he talked to me in a whisper.And I said to Yes.I had a very funny feeling and I called Mrs.Selvoski on the phone before I came in.And I wanted to talk to my father.And when him,"How are you?"And he said,"I am very very sick.Help me." I I And in July I had--- That is \July of '69? write.He had a handicap. iiia:III~a:oQ. IIIirQ ~a::JSA .J 0( uii:II.o I e And the phone receiver either fell,I don't know if he fell or the phone,and I kept saying,"Hello,Hello.'I She took the phone--- Q That is Marie? A That's right.Mrs.Selvoski-took the phone and said,"Hello.II And Florence Lerum 100 I said~"Hello.What's the matter?"I said~"IE;my father all right?" She said~"Oh".yes~he's all right.Oh~there's nothing wrong." She said~"What did you call for?Who is this?"And I said~"1 1m , Florence."She said~"W~at did you call for?".,. ,t. MR.'BELL:~..,~ I think~Your Honor~we c ~n home? Yes. Yes~ .. THE COURT: cut some of this rambling. have your testimony in brief question and answer form. On the porch. Now did you and your sister-in-law Beryl Botton go to the home? to me on the phone."I wasso·worried. And what did you observe about him?What was his condition? That is in July? Yes.I came and I wanted to see him immediately;as soon as I got Thereafter~in responSe to'what occurred~did you go to the Selvoski wanted to see how my dad is.I said~"My God"he talked terrible ·When I saw him he cried and I cried.We both embraced and he 'off that plane I went in and I cfhanged and I told my sister-in-law I ,Where was your father when you got there? :!:z<>..J,>-IIIZ Z1&1ll. Z 0~~Q..xIII<~ ..:~A~III '0 ,~Q u0~A J:I-,.. N lfi Q:1&1~Q: 0n.1&1 Q: ~Q: ::l 8Q ..J<gA II.0 Q A Q -A e, said over and over in ltalian~E tando tando malada,arid that means I am very very sick. Florence Lerum 101 Q Now was Marie there at that time? A No. Q Who was there? A Her husband~Charles Selvoski was sitting there. Q Now what did you sta te that you were going to do with your father? ~Az0(>oJ>-IIIZZIII •Do Q zoI-~A :cIII0(~ I said to him~"You are very sick;you better come home with me. I'll get you well."I said~"You're coming with me." And what~if anything did Mr.Selvoski do? He said,"You're not taking him anywhere."I looked at him and I said~"Listen~donIt you tell me what to say to my father."I said" No.He looked in fear..His eyes looked to me--- ·"And who are you?" At this time~did your father have any real strength to do anything? Object to this,Your Hono r.MR.BELL: He was in fear. eyes showed. too clos e to medical tes timony the re.I think s he has the right to describe his eyes if she ,wishes,but not what the We are getting a littleTHECOURT: I think a layman can ·say what they think~the eyes appeared to show. iii0::~A0::oDo~Q I-0:: :JoU oJ0( uii:lI.o ,e Q All right.Did Marie Selvoski come back? A Yes.I dono't know where she was,but she came back. Q And did you tell her--- A I told her--- Q Florence Lerum 102 A Yes.I told her~I $aid~"Iyfy father looks very very sick~at:ld I want to take him back with me." Q And what was her response? A Her response was~"Well~you go ahead.You try :and take him.Go h d S Of "a ea.ee 1 you can. Without saying what s he did~did she let you take him? "Look at him.He looks like he just came from a Concentration What happened thereafter~when you started to talk to your father ~ Well~then she started arguing and I argued with her and I said to he ~ I obj eet to this tone~MR.BELL: Then I said to her~"Why don't you let me talk to him alone?Maybe I can talk to him."And she just s"tood th"ere and said~"You try to ta e Then did you start to talk to your father? Camp." I said~"He's so thin."She said~"I'm taking ,good care of No.They wouldn't let us take him. h " "1m. what happened? Your Honor. 0( z 0(>oJ>-IIIZZIIIII.Qi 0l- e!Az XIII0(Q3 ..:0itI-IIIC oJ A0( ~ C ::l... :tI-'"N lfilI:III l-ll: 0II.III QlI: l-ll: ::l0 A0 oJ 0( 0 j;: II.0 him if you can.I want to see it.Go ahead." MR.BELL:Object to her tone there, Your Honor.'. Q There's nothing wrong with that. THE com T:We will not try tocontrol the tone of a witness's voice.If it appears to show a Florence Lerum ta,unting attitudel that's part of the testimony. Q Then whatl if anything did Marie do to you? A .Well~then I started talking to him in Italianl thinking that maybe I can make better headway that way. Q What did Marie do ? ~A She got angry.She slapped me in the face.I didn't touch her.Iz~>~didn't even touch that woman one bit.1/1zZ11/ II,Q Then what did you and Beryl do?ioI-~A Beryl and I left.And I went to the law because she slapped me in the x1/1 ;face. '""'.~\: 1 )3 iiia:~Aa:olI, .11/a: I-a::JoU .J 0( ~Q l&.o A Where did you go? I went to Curley's then I went to Sigmund Bloom and I wanted to get my father out of-that house because I was so upset to see him so ill. Tell me this:what then happened before any legal action was taken? Well then.she called up and ·said that he was going to the hospital becaus e wl:l w.ere going to take some legal procedure and try to get him out of there. Did he go to the hos pital ? Yes. Q Now that would have beenl am I correctl in July of 1969? A Right. Q Tell me this:what instruction and to whom did you give with referenc e tOlwhere he would go when he left the hospital? .A Weill I signed him in because the nurse said anyone here that's any Florence Lerum ~\.104 .I.~l ,••.,, relation and/happened to be Mr's.Selvoski was 'there and myself and Beryl.She saidJ "Any daughter?"And I stepped forward and I admitl~ed him in.And r talked to the nurse and I to~d her.."I do ndLwant him released in her hands anymore when he gets out of this hospital." And then we went to Dr.Berman. Yes. Yes. What instructions did you give him? Dr.Berman in Washington 7 Who was he released to? He was rele'ased to Mrs.Selvoski back again. Was this done? A~d then did he die shortly after that? I told him)I wanted hini'into the Washington Manor because I wanted him well and then I would take ONere 0(Qz0(>..I A>-III ZZ1&1 QII. :i0I-AClz :rIII0( ~ t-=u Qit I-III C A..I~~c Q:J... :tI-~A A Eighteen years. Q And how often would you visit your father in those 18 years?' A Quite frequent~ Q By quite frequentlYJ what do you mean by that? A At first it would be twice a year.and then later on in years as my Q A Q A ~Qz 0(>~A IIIzz~Q io~Az xIII~Q" ..:~AII:I-III~Q 0( § o :J.., XI- l;A Florence Lerum son got older,I probably came in about three times a year.' You saw your father in 1968,is that correct,in the hospital? And before that we used to come in all the time. What month was that in 1968? .That was in August. In August of .'68? Yes. And were you present when he got out of the hospital? No"I wasn't present. Did you give instructions at that time to be put in a nursing home? In August of '68?No. The nursing home,when did you give that instruction that he would be put in a nursing home? That was in February"1969 when he was getting worse. 105 iii . ~Q II:o0.~A l-II::JoU j 0( uii:...o And did you tell him that you wanted him to go to the nursing home? He was too sick to talk because I called him on the phone in Washing on Hospital and they told me he was too sick to talk,so that's when I got a hold of Dr.Bonessi and talked to him to see how his condition was. Q Why wasn't he put in'a nursing home then? A Well,I'll tell you"I don't know. Q Did.Rocco ever tell you that he did not want to go to a nursing home' A Never told me. Q Did he ever tell you he wan~ed to go to a nursing home?·-----.,.---lI------...;·---:--....:·---...:..--;--.:·~-------------------J..--.,. ·; Florence Lerum A No.We never discussed anything that far ahead. Q Did Marie ever write aaetter to you or letters to you? A Q Never received one letter.She told me on the phone iri July she didn't know mY'phone number.She said~"Didn't Beryl get a hold f ?"o you. Now when you talked to your father in JulY3 July of '69--'- Yes. That's when he was very sick you say? Yes. And the date you talked to him.l how far was that from his death? How many days or weeks? What do you mean? We113 was it two weeks before his death t~at you talked t,o him on the phone or three weeks? It was the latter part of July. And he died August 8th? That's right. Now this argument you had where Marie slapped you3 did that happer in July also?, Yes. Why did she slap you?What were"the circumstanc~s of that? ,. I guess because I told her he'needed professional care and'he was ill.And when I started talking in Italian,that burned her up. "','r It wasn't because Marie told you that Rocco left Samrs,'place~--- ~;-.. ,, A Oh"no. til T,prnm 107 Q Because Sam wanted him to turn over the farm for a dollar? A I don't know where she got that at. Q A Did hear hear that?Did she say that to you? No. ~Q Did you make the comment back to her that "You're just like that ~:i~little bitch up at the farm?"zz\&I~A I don't know what she's talking about.z.~ ~Q You never said that to her? :tUl~~A No . I saw them up at the farm when I'd visit with my father,but I'd neve I don't know what you're talking about.She hit me when I started ., Did you know Marie and Junior prior to Feb'ruaryof '69? ..=uirQ~Ulo .JA~oo :l.., .J:..r-NQ iiiD:~AD:oII.III D:Q~a: :lSQ .J<u ii: ll.o And is that when she hit you? talking Italian"yes. You mean before? Yes. what you'd call visit with her..: '. Q Did you see your father in March at all of '.69,?"< .,.."f A Did I see my father in March of '69?No. :.Q Did you see him in April? A No. .. ,-.".!.. ..,• A Q In May? .In the hospital I got calls and letters from my brother.I-----:'-~---------------:.....------------.:...-------__,_J--I I Florence Lerum 108 Q Did you see him in May? A No.ThatIS when I was writing though and sent him cards and I neve:r got any respons e. No. Yes. I understand.But you did write him letters? In June did you see him? You see"I live out of state. Did you write letters to the Selvoskils to the home there? I saw him January and July. So you didn't see him really until July? I Q I e A I ~Qz I 0<>~A I CIIz I z~Q i0~Az xCII;Q t-=u·ii:I-CIIeQ ..J0< UQ :J... :t.."N iii0: IIII-0:0B-III 0: I-0: :J0u I ..J 0< Uii:II.0 e, A I addressed it Mr:Rocco.See"I didn't address it to her"if that's what you mean. Q At the home there? A Yes.I didn't address it to her. Q You put In Care of Selvoski's"wouldn't you? A No.I just put her address on.I have her address;. Q You wouldn't put In Ca~of Selvoski's on the envelope? A No.Because I knew where she lived.In fact"I used to go visit her when my dad was living on the farm with her parents. Q Well"did you have any objection to your father lIving with them in April? A Did I have any objection?Yes"I wanted him in the Washington Man~r in January ..'. Q Did you have any objection to your father living with them in May? Florence Lerum A I didn't know that--- Q Did you have any objection to your father living with the Selvoski's in May of 1969? A Yes#be<;ause I understood he was sick.•Q I ask,::you,can you identify this?What is that?Is that an envelope Evidently I did.I knew it was written to him. I couldp't remember,if that's that important. But you previously testified you never put Selvoski's name on it. ~addressed to Rocco Button? <:i ~A Yes.zzIII~Q Is that your handwriting? oI-~A Yes. :I: UI<~Q Does it say In Care of Selvoski? ..,:uii:Al-UIii ~Q u a::A Is that your letter?Look over it real good. lfiII:~A YII:es. o0..III~Q Dated May 6#1969. II::J 8 A Y es • .J<U~Q Would you mind reading the letter that you wrote to your dad al~udiiL : o MR.ROSENBERG:Do you want the who e thing?'I'm not objecting,but I want to know first what is the purpos e? 'MR.BELL:Well,I want to put it in,the purpose,one,obviously she is conversing with her 1 "1,__-:-d_a_d_i_n_a_n_l_'n_t_e_l_li~g:..e__n~,t~m.:.a:..::n:n:::.e:.r:......:a::.:n:d:::...:s:.:h:.:e~m::.:u::s.::.t ..:h:a:v~:~t~h~O:UJ.~~h~t __l--_1 Florence Lerum.110 there was nothing wrong with him;and a~so~it has referen~e to the nursing home~which apparently indicates that he doesn't want to go~the way it's wri~ten.And also it says~ "Tell Marie and the family I said Hello." it in the record unless it is marked as an exhibit. Idon:it think it's necessary to mark it.-I will~if the Court (Stenographer marks Proponent's Exhibit 3~a letter dated May "Dear Pop:I'm hoping this letter finds you feeling much better. (I had a bite problem). Read the letter. We a re not going to have I think she can read it in. Will you mark it as an MR.BELL: THE COURT: desires it. MR.ROSENBERG: MR.BELL: exhibit? 6~1969~from Florence Lerum). I'mstiill having my teeth bothering me." I told you I knew her from the Collins.e A . ~z 0(>oJ>-IIIZZIaIA- i0I-ClZ J:III0( ~ ~u ii:I-III C oJ~U C :J.., :t.....N iiill: IaIl-ll:0A- lai II: l-ll: :J0 Au oJ 0( u ii:II. 0 "I must say we did not sell our house yet.I have it up for sale.I think I will try to rent a house or an apartment because taxes are going up and trying to keep a house up is too expensive.Ihave our son to think about and give him an education.Since I talked to you on the phone~I wrote Vio~et a letter and they never answered.!' so I don't know what seems to be the matter. •J ,. I'm working'yet and ~... Florence Lerum 111 I -can't seem to come nowl but maybe in a few months I will try to come to see you.My dentist bill is so high I can't afford to go anywh re now.I have bills 1.must take care of first.I hate to hear you were sick again.I wish and hope you get stronger and feel better.I think also.It's hard on a woman at times with children and also a fulfill it with their families and we all have our problems.I heard I want our son to have what I never had in my lifel and that's a good I do hope you don't think we don't love you because we all do -but So plea~hard and try to get ahead.c He,is a good manl l::>elieve me. ".'fr ..,'•4 don't be angry with me or any of us because w;have responsibilitieE and must meet them as they come.I'll cl0i3e for p.ow.Please tell education.I hope you can understand.My husband and I work finding this out.A nd the tuition is going up higher next year.But them "-I may only have one bu~t college is expensive believe me.I'rr because you must understand she has a lot of work and worries responsibility.It also takes a lot of money to'raise them and educatE you say Sam's wife put you out - I understand she didn't do that you must understand when a person has a responsibility they must I hope he goes to see you.I realize he is,a busy mwn no:v working haY'd. of you oftenl I pray for you -also worry about you.Did you see Sarr ?e ~z ~>oJ>-UIZZIIIII. i0I-elZ , :I:UI~3 t-='u~l-UIe0 oJ~U 0 :J., :t~r-w ltill:III l-ll:0lLIIIa: l-ll: :J0U oJ-< u ii:II.0 "e ..'~ Marie and her family hello.I hope to see you as soon as I cCl;n get, things settled here.I do really care about you -wish I lived closer so I can help.'May God Bless You.'Take care of yourself. Love &kisses.Your daughter.Florence." II -------------------.,.-------;.,.-----,----------, " Florence Lerum Q In the letter you stated that you heard that Sam threw your father out or Sam's wife threw your father out. him A I think I calle-d/.on the phone one time and I can't remember if he told me"and I wrote back and I said I just---I don't know"no one told me. Also in your letter yqu referred to--for him not to be angry at you a WhY would he be angry?" Because we don't see him that often.I mean you know"like I said"i I lived closer I could do much more for him. You are including Sam in on that too? No. You weren't including Sam on it? Sam lives near him.I didn't. 1 have no more questions. ui0: IaIt-o:oD-Ial 0: t-o::JoU oJ< u ii:II.o MR.ROSENBERG: (Witness excused). SAMUEL BOTTON IS CALLED AND SWORN. DIRECT EXAMINATION BY MR.ROSENBERG:- That's all. Q What is your name"sir? A Samuel.Botton. Q 'What is your present address? A 428 Fourth Stre.et"North Charleroi. 1 1 ~ And is Beryl Botton who previously testified here your wife? Now before that,before you got married,who did you live with? Was there ever any breakup or fight between yoil.and your father for Now in the years thereafter,clear up to the present..did you and YOt r ... We had misunderstandings,lots of them.' any length of time? I visited him,yes. father always stay friendly? Yes. Was that at the'farm? My father,Rocco. Yes. How many years ago did you get married? Yes. Mason contractor. 22. And are you the son of the late Rocco Botton? What is your OCCU pation ? And what is your age? 42. A Q A Q A e Q ~Az0(>~~QzzIII~Az 0I-el Qz :J:UI0(~A t-=u it:QI-UIei5 I ~A~!:!c ::J Q.., %......"A ui0:III QI-0: 0B-III0: I-0: ::J0 Au ~0( uii:QlI. 0 e Q After you had your misunderstandings,would you get back together? A Oh,yes.Always.., Q 'Do you recall in 1967,your father drawing any:papers? A 1967?Yes,when he made the will. Q Samuel Botton Where did he make it? 114 A Pat Murphy's.That was his attorney for years.I went up there one Sunday and he pres ent e(j the original to me . .. Q e .A < Z0<>oJ>-UI ZZIIIII. i0~C)z :rUI0<Q~ Of the will? Yes.He saysl "Here is the will and I want you to be executor am you try to buy your sisters out now~'and I want you to have the far,ml that it would be remained in the Botton name;and you have two sons to carry the name."And of coursel now they will have sons to carrlr it too maybe. ActuallYI in the willI am I correctl the property was leftl everything was left equally to the three of you. A Yes.But he made it understood to me that I was to buy them out. And I saysl "Welll I will;don't worry about it." Q As of that time nOWI 19671 l.were you and your father close? A Q Ohl yes. And from then on until his deathl was there ever any big trou~le or problem between you and your father? A Weill there was a misunderstanding there.I mean when I tried to get him in the Manor he got mad at me. Q What about the Manor?When was that? A That 'was in---when he came out of the hospitallin March 5th he was .dis charged. A,·That is of 1969? A Yes.HE;went in February 22ndl he went in.)And from the time that , , '-------_:.:..._----------,;",..-------------------_., Samuel Botton 115 he was in there,I said that we're going to hav~to put him in the Manor.. Q Tell me this -tell us first of all,upon what you based that?What did you observel.about your father's condition'? A He was so weak.Hewall<ed..::.,stagg~rlywhen he'd walk.He'd get e ~Q 0(>..J~AzzIIIQ, i. 0I-eI Z :E:III0( ~ f-:'u 0:: I-IIIQ ..J Q0( UQ :l A.... :t..,.. til Q ui0:: III I-0:: 0Q, Id 0:: I-0:::l0 Au ..J 0( uii:II.0 around,but he'd have to hold onto things.you know. Whilt-about him mentally? He was n't the re.He was out.He would talk stupid things at the table when we were eating.And of couTse,I never said nothing.I knew he had a stroke.In fact.I think he had two of them about that time. And of course,I understood,and he's old.I figure I'm gonna get old some day.Maybe I '11 be off my,you know,a little bit. Is that why you wanted to put him in the Manor? Yes. Now tell me this:at that time that arrangements were being made. to put him in the Manor,did you have any idea about Marie Selvoski or anybody else taking him? No.I didn't have any idea she'd take him.I wanted him to go to Joe's or Marnie's.but I couldn't ask them because I can't push my responsibilities on somebody.And I called the girls.my sisters,u~ and told them we should.the $600.00 a month that the Manor was going to charge him,we'd all contribute over his pension... Q Be specific.How much of a pension did he ,have? A He had a $300.00 income. Q Then how much were each of you going to pay?, Samuel Botton would ask him a question and'he wouldn't knowl he'd 'be looking somewhere else.And he'd start to say someth;ing and he'd forget what he was going to tell me.And of cou~sell(neversaid nothing. ~ I just maybe started another conversationl you.kriow.. P7 Q Now what happened when he got out of the hospital in February? ~A Welll he went to Marie's.z~>~Q Weill how did he happen to go there?VIzz~A Apparently she visited him in the hospital.And I guess she saYSI io~I guess he told her his troubles that Sam was going to put him in a xVI ;homel in a nursing home.Of coursel when I-called her and told her ..:oitti i5 oJ~ oi5 :J., :x:... l;Q ui ffiAI-a:oB-IIIa: 1-.a::J8Q oJ« oiLlI.o A Q this is the Manorl I saidl "Mariel you're an educated girl.And I think you know where'the Manor is in Washingtonl and I think you know what kind of a place it is.It isn't no ·institution of any sort.'I You told her that? Certainly.She saidl "Welll he's old -fashioned and that's his old- fashioned ways and he wants to be with people that he knew." Now wait.In spite of her knowledge thatyou wanted to have him in this nursing homel did she take him? Yes. Did you give any permission? A'No. Q In your opinionl at that time did he have the ability to be swayed to go almost anywhere? MR.BELL:Iobjectl Your Honor. Samuel Botton A Yes. 118 THE COURT:We will sustain the objection because it is leading and we will strike the. answer.But whether counsel wants to .reframe the questi n is up to counsel. Q As of that time,what was your father,in your opinion,what was your father's :mental and physical condition,as of that time when Marie took him? A Well,I mean I went in the hospital one day and Joe and his wife was there and they jumped on me.They says,"Your dad is vVci.lking around with just a nightshirt on and---" MR.BELL:Objection,Your Honor, to anything that someone told him." Q Did you see it? THE COURT:The objection is sustainec . A No.They had him in bed,they were there.So I went to the nurse an:1 I told the nurses and she said--- MR.BELL: THE COURT: Objection,Your Honor. Objection is sustained. Q Tell me this:at that time that Marie took him out,what,in your opinion,based on your observation,was the mental and physical condition of your father? A He was disoriented;he was/way out.He'd say one thing and started to say another thing.He didn't make sense,half the things he told mE ,. Samuel Botton 119 Of cours'e,I didn't say nothing.I just let him go and maybe start talking about the weather oCr.something,make him feel more-...! Q All right now.Had you or your wife,as a matter of fact,ever put him out? A No.My wife got the flu,see,and I missed worK.I stayed home Is that when you took him to Joe Lorenzo's? I called Joe's wife and I said,"Martha,how about taking dad for a to go to work today.I'm going to take care of you because Beryl one day.She got the flu.She was in bed and I told ,d~d,.'t'm not.going Your Honor,I object to I said,"I know she can't the conversations. MR.BELL: is sick.II He said,"She canIt get sick." get sick,but she is sick.II few days?II ..:~AI-IIIC .J0( U C:>., x0-r-C\l ~z 0( ~>-IIIZ.',Z IIIII. ioI-ClZ XIII0( ~Q Joe came up and picked him up and went down there . ThereafterJ did he go and stay with them a short time? iiiII:5 Q oII.IIIII: I-0::>8 Q ...I0( u k:A...o .- Theyare harmless,Your Honor.i, THE COURT:The objection is sustaine . Q Tell m'e this:did you have occasion to visit him from February on at Marie's hous e ? A Yes.I visited him. Q Tell the Court what would happen when you would go to visit him there. A Well,I'd go in the house and I'~sit down and always asked him how ",,"; Samuel Botton 120 he'd feel and he'd go like this,weak. Q Where would Marie be? A Marie would be there.In fact,she would translate for him.She was an interpreter.I'd ask my dad a question and he'd start to answer, In·other words"she would speak for him. Where did he sleep? get to talking. On the Il!:ouch in the livingroom on the couch.And I asked him on Well,the trend of the Objection,Your Honor. It's simply stating what the witness has already said. part in the conversation.We don't think that is obj ectionab e. No.She'd always stay there.And then we'd get to talking because Now would she leave you alone with him? dad would be,seemed like he was always restless,and then we'd THE COURT: MR.BELL: That's a leading ques tion. It's the truth. questioning has been towards this result that she was taking Yes. Italian'and understand it.So she translated the American version. him.I'm very well capable of understanding.11 In fact"I can talk she'd finish.And a lot of times I told her,11 Marie,I can understande <z<>.J>-IIIZZ1&1~Qz0I-~A ::r::III<~ .:uii:I-IIIec .fA u 0 :J.., :I:..r-III iiill: 1&1 l-ll: 0ll.1&1ll: l-ll::J 8Q .J<~AlI.0 !e ! Q. A occasions if he was paying board here,and he said yes.He told me that he was paying board.I says,l1you understand now when .,,.,'. 1 ')1 you're staying here with this lady that you have'to pay board?" l ~I I "Oh~yes~"he says~"I got pension checks coming i~.I can afford to pay my board here.." I says~f'Okay." Q Did you suspect that they would be taking him to draw a will ? A No. father? Now did you ever actually give Marie permission to be keeping your ~z·0<~ ~QzIIIII. ioI-el~Qx UI0<~ I think it's relevant. MR.BELL: THE corn T: I object to that,Your Hon~r. The objection is sustained. Where did you prefer that he be? Well~at the Manor.first choice~because I knew she couldn't take No.I ne.ver gave her permission. problem~call me~reverse the charges." I always told her that. But I says""If there 's anything~anyknowhowyoucandoit." over my dad'because I wouldn't feel right.You have a family.II care of him.And I told her~"Marie~I don'f want you getting sic k.. She says~liI'm strong~Sam.I'm very strong." I says~"I don't iiill:III l-ll:oII.IIIa: l-ll::JoU .J<uii:lLo ..,:oa:AI-UI c ~Q oc~A :tl-I'COl "And if you need anything"let'me know~any money;if he does nIt ha\e enough money~let me k~ow."There was never a rponey problem. If she wanted to can me,it wouldn't be on her bill~it would be a reverse charge"1 made that understood.And I tried"she knew I war ted him in the Manor.Of course~he objected and flew off the handle thE reo But that was it. --------..---------------~--------------------------------- Samuel Botton Q Did he..in March..taking March itself..was his condition such th(H~t he appeared to know what was going on all the time? 122 MR.BELL:Objection..Your Honor. I think you shoule lay a foundation for that. THE COURT:The obj ection is overrule . <z<~>-UIZ ZIIIII. iol-e) Z J:UI~A .:oitl-UI Q ..J< oQ :J..., :x:I-....N iiill:III l-ll:oB-IIIII: l-ll::Joo ..J<Uii:lI.o Q We don't need any more fpundation than whatwe have in th record right now.That matter has been gone over a half dozen times or more.So we will get this witness's opiniop.. (Stenographer reads back last question). No..I don't think he did..because I asked him in March..I went there one day in MarchI'I forget what day it was;I didn't visit him too often..I tried to get up there two or three times a month if I could because I've got a business;you,know..and it takes my full time. I work all day and I've got book work and calls all night.I asked him~ because I always took care of my income tax..I said.."Did you make your income tax out this year..dad?".He told me.."I've been waitin! for you.'I And then I told him.I says.."You've only got a few days.I So he says.."Well..I don't know.Maybe Marie will make it out for me this year."So I told him.."I'll try to get up next month before ,the deadline and get you out."But he always had to go to a doctor when I wanted to take him.She'd always say he had a doctor's appointment. Could you converse regularly wit?your father like you used to befo!e ~','-'<Ii•f he was sick? I ~amuel Botton 123 A No.We had more in common when he wasn't sick.But then,I mean he didn't know what to say. that. When was this? shoes all the time"I don't know.He'd take his shirt off once in a through? Objection"Your Honor.MR.BELL: He's rambling. It's responsive to what I'm asking. He seemed very restless.He moved around,fussing around with his or something.Then she says,"He always does that,Sam,puts his No.He::\d pr~y with pillows.One time I was there and he threw a I guess it was in April or May. Did this kind of conduct on his part go on all the tim e from March shirt on,takes it off." while and put it back on.He wasn't there.He was on cloud nine Could you get through to him? I picked the pillow up and 1.sat down and she told ~.me he always does ,pillow at me.He said,"Leave it out for awh ile.It needs some air." Q A e ~z0(>oJ>-IIIZZIII a..Qz0I-~A:r:III0(~Q ..:uitI-IIIec ~A uc :J.., :t..,.. N iiill:IIIl-ll:0II.IIIII: l- I ll::J0U oJ0( 0ii:...0 e Q THE COURT:Yes.But there is no necessity for repetition. Q All right.You may cross examine. ,. .,- Samuel Botton CROSS EXAMINATION BY MR.'BELL: Q Mr.Botton~when your father lived with you in January,when he left,did yo:u or yOUT wife try to get him to sign over the farm for a dollar? 124 e A ~Q<>oJ~IIIZZ1&1 0..Az0l-e>~QxIII<~A ..:uitt-IIIeCi oJ~~0:J.., :t.."NQ iiitr~A 0lL 1&1~Q tr:J0 Au oJ< U j;:QII.0 e A Q No. Did you know whether o,r not your father took out insurance for that farm? I made him take fire insurance out. What month was that? I'd say in January.I told him,I says now for two years he didn't have fire insuTance there.I says,"You.have to have fire insurance. This is ridiculous.You've'got a barn,a house and a grainery and you ain't got no fire insurance." Did the insuTance man come up? Yes. .Did you all s it down and talk about it? Yes.He got fire insurance . Did your father sign it? Yes.He had to pay a high premium,but that was it. Now you stated that when your father was at Marie's house"you_, didn't visit him too often. A Not too often.When he was in the hos pital I went everynight;not in the day because I worked. Q As far as the last of February or March until August when he died, Samuel Botton you didn't get to see him that much? A Not when he was down her place. Q Did you ever go down,when you did go down to see your father in Marie's place,did you ever go down when she was not at home? Well,I think one time she was over the neighbor's drinking coffee and I walked up the porch and she was coming over with a cup of cof~ee from the neighbor across the street.And I waited for her, we walked in the house together. 125 A But you are saying you never were down ther e alone with your father ~ No.One of them were there,either Junior,the kids or her. Inthe same room? Yes. You stated your father just did not want to go to a nursing home. Oh,no,definitely not. Did he tell you he wanted to stay at Marie's house? I told him,'"If you're happy here,well then you stay here."He say~, "I don't want to go to no home.You children are trying to put me in a home." He wanted to stay at Marie's home.Is that correct? Well,yes,I guess he was scared of a home. Did you ever have any argument with your father while you were at .. Marie's house? I .. ,0 No.0' Q Do you recall in March,your.father leased the farm.Is that correct?I I A ,. Q A Q A ~Q0(>.J~Azz\&IQ, zQ 0I-0~AxIII0( ~Q ..:0itAI-III 0 .J0( 00 ::l.., J:l-I'-N iii'rr\&I I-rr 0lL\&Irr I-rr ::l0 U .J 0( 0ii:...0 Q A !=i::l 'Y'Yl"""1 'RoHon Yes. And he leased it to a Joe Plevel. Yes. That was in March he did that? Yes. That was a written leas e.Is that right? Yes. Now did you have some horses on the farm? Yes. 'Did you and your father get in a discussion about those horses? No.We didn't get into a discussion.This here Joe Plevel.he came down from Charleroi two or three occasions and asked me to have th ~ horses off the farm by March 1st.And I just told him."Well.I can't move horses in a matter of days.I've got to find a place to put six horses.I c,an't put them in my house."So he was'very demandin J so I went up to Marie's.my dad was there.and I told him.I says. "You know better.you should know better that I can't move the horsEs .in a matter of a week:.I've got to find a place for them.It's not like picking up a child and putting it in a home." What did your dad say? He said."I don't understand what's the matter with that guy.He / ought to give you time to get them out of there."I says."I don't know how you get mixed up ._with a guy like that." 12fl r---t~Q~--=Di:.:·;::d~yL0.:.u=,.:.r....:d:.;a::..;:;d)attlmit he leased the place to him? Samuel Botton /I.127 A Q A I Q I e A ::Qz 0<>.J~Azz\IIlI., i0I-el Qz :J:UI0<A~ ..:u~I-UIec .J Q0< Uc AI:J-, :tl-I'-til lfi0:'\II QI-0: 0II.III0: I-0::J0U .J< u Ai&:II.0 e Q A Yes. Did your dad admit that the man was unreasonable? Yes.Very much so. This was in March,correct? Yes. 'Of '69? Yes.No,no.I think it was in Febru:ary,the end---well,the first of March. He didn't lease the place until---- The guy was preparing to move in and he wanted everything off ;March tst;when he went in there,he wanted it vacant. In February you say this ,was? The 28th I went down there and I says,"You know that I can't move them horses in a matter of a day or two." Didn't your father tell you though that he said,,"I had leased the place to him and if he wants those horses out of there I guess you'll have to get them out?" I don't think.He didn'.t know the guy.He didn't know JoePlevel. You didn't get in an argument with your dad over those horses being there? Well,I didn't argue with him;I just says,"I can't move the horses in two or three days.I've got to have time;I've got to find a pJac'€ for them. Q Did you tell your dad at that time,"I don't care if I eve~come backr-'-------1r------,-..,..-----------.:...-------:-----.-~~~-_+-;.,-_.-,.:.-! I ,.,. 'here to see you?If Samuel Botton flO ....-'l,k ~..,I.;I A No~I never said nothing like that. Q Do you recall ever being there with)your dad~at Marie's home~ and Joe Lorenzo was there? A ~Q 0<>.J>-UIzffi 11..Az 0I-0Z J:UI0<~ ..:uirI-UI C .J~ U C::>... :t..,.. N Q iiia:1&1 I-a:0II.1&1a:AI-a:::>0 Qu .J0< Uii:A...0 Q A Q A Q A One occasion. Do you recall at this time you begged your :d:aGlcto go home with you and he refused? I never begged him to go home with me.I went up there~the reason 1 ran into Joe~like I say~I'd visit him at night and the re'aa:>nI '(:L ran into Joe is because I took off work purposely because it was the day after when Florence was slapped and·I'wanted to go up and see what the trouble wasl you know.So when I was there~that's when Joe walked in.And I wasn't there long and I went home. Now you said thatyou had a conversation.with your dad concerning hi pension.checks. I never said that. Well~you said he paid board or did he tell you he paid board? I told him that he has to pay board. What did he say to that? Yes. And do you know whether or not he paid board? I donIt know if he did or not. When did you have this conversation with him? When he firs t went there. Samuel Botton Q In Ma,!'ch? A I guess the first visit I said,"You understand now that you'r~staying here with this lady,you have to pay her board?~'He says,"Yeah, Yeah,I know,I'll pay." 129 Q And the conversation you had with him about income tax,"when was that? In the end of March.It was getting to the deadline':of the 15th. April 15th is the deadline. Yes. , You had a conversation with him about the income tax? I guess.Let me see,I can't exactly remember the dates. Now about this pillow"you said he threw a pillow at you.Was that How was your relations with your dad six,seven years ago? ..: 2 A0:l-UIc..IQ0( uC :J-. :tI-~A iii0:~Q0:o0..~A. I-0::JoU..I0( ~Q lI.o A He said"1'1 wait for you.II in July? Very good.··'We got v;ery close. close,from '64 to '68. What brought you real clos ~? I had trouble with the law. ,: I'll tell you when we got real Q You had a little trouble with the law? A Q We got real thick;we were 'real thick. What did your dad think about you:getti~g in tr~~,ble..y;.ritlt the law ~ .,..-)..:,. MR.ROSENBERG: irrelevant. That's objected to as • " ·,~.'130 THE COURT:The objection is sustained Were you at the hospital on March 2nd or when your ~ad was dischar Ired? No.I worked during the day and I never g~t.to see,him,on,ly at,night 'f Who was at the hospital,do you know? No. No one was there.The day he was discharged tilone~of you were up t ere to take him.Is that correct? That's right. No one was up there to take him at all except Marie. '1 don't know.I can't answer for Marie,if she made arrnagements w"th him or not,I don't know. Now did Marie take care of Rocco to your knowledge when he lived with her?That is,take him to the doctor? I think she did the best she could,but it wasn't enough,in my opinio . I me?-n he needed professional care. He didn't want professional help.Is that right? He was scared of a home.He was born in Italy and he couldn't hardlly talk English. He didn't like strange places? That's right. Did he always recognize you? I don't know.A lot of times I'd visit him there,there was nothing. That was in July you visiterl~~.him? I'd go up in May,June,he was getting worse.When he came out ,:' Samuel Botton 131 of the hospital in March 5th,he just kept going downhill pretty fast. You could see it.You could see he was going down fast. .What was his attitude toward the .children?f I don't know what you mean by that. How far back?' Did he speak a lot about the children? Yes..I knew when it happened. When he was well,do you mean? Did you ever bring,when Rocco was living with you"did you ever Did you know Rocco was Godfat her of Marie's children? I don't know.It was something he had to get;not to visit. place once"'66"'67 maybe.Because he had to pick up something.. You want to go back to '66?I think I did tak~him up to Marie's Yes. Well,would you ever bring him up to see the children? No.While he was staying at her place"no. bring him up to Marie's place to see the children? this period of time fro m March till August? Or the family?Did he ever talk to you about the three children duri is Did he ever talk to you about Marie? No. No. Would he talk to you about things that are going on in the world?Q A Q ~A 0(>oJ~Q z1&1Il. i0I-~A J:III0(~Q ~uii:I-IIIQ ~A uQ :l Q.., xl-I' N A !Iill:1&1 Ql-ll: 0Il.1&1ll:Al-ll: :l0U oJ 0( u ii:lI. 0 Q A Q A Q A He loved all children;all children.-------f1---------=...:........::-=----.:..:...:..:.--------:-..:....---------...L---1 ,I 132 Did you ever have any argum-ents with Marie or Junior? No. Who kept the machinery down at the farm,who maintEained that machi ery? When? Well,for,let's say the past fifteen years. ,Well,when he'd lease the farm,I was under the impression that the sha'recroppers would maintain it and he'd pay. Do you have personal knowledge that Charles Selvoski,Jr."that . he would go down and keep the machinery and keep it in working order? .Charles Selvoski never rented the farm.Collins and DrAndrea~s,_leaScea the farm. Would you say your fat her and the Selvoski family,and when I say the Selvoski family,I'm talking about Marie's mother,the Collins, were close people? No,he never ate there. They weren't close people at all ? They leased the farm,but my dad did his own cooking.You want me to tell yop,he went over and ate with them?No.He cooked his ownmeals and he had his own two rooms,he had his own bathroom. And he lived at the farm with them,didn't he,for 15 years? It was 'sharecropping,yes. I have no more questions,'Your HOlor. MR.ROSENBERG: THE COURT: Tha:t's all. We will take a five-minute Dr.John Boness i. The Court is ready,gentlemen.- -~~~~~~---------------------..........~ Dr.Bonessi 13::l recess. (Hearing was then continued to Friday~November 7,1969,at 10:00 o'clock A.M.) ~********** 0( z0(~i On Friday~November 7,1969,at 10:00 o'clock A.M.~-the hearing continuE d: zIIIlI. iol-t' Z THE COURT: :tVI0(~MR.ROSENBERG: ..:u"0:Iii C ~DR.JOHN J.BONESSI IS CALLED AND SWOR N.oc~DIRECT EXAMINATION BY MR.ROSENBERG: :c~~,.. N Q What is your name~sir? iiill:III Al-ll: 0lI.IIIll:Ql-ll: :J0 Au .J0( u ii:Q...0 ~A Q A Q John J.Bonessi. What is your business address? It's Box 232,Cokeburg,Pa. And your occupation? Physician. Doctor,from what medical s·cho.l did you grad~aie? University of.Pittsburgh~1958. And are you duly licensed to practice medicine in ,the Commonwealth .',- of Pennsylvania? A Yes,I am.r-'-------tt.-,;;;.=---~~-..:.~.:.;:..;:..-__:------:.----------..:--...,.._-----...:.:...--_~-- Dr.Bonessi \,34 Q And what year were you so licensed? MR.BELL:Your Honorl we will waive the docto.r's qualifications,that he.is a medical doctor. Yes. 1959. The Washington Hospital. since your admission? You may continue.THE COURT: Yes. And areyou a general practitioner? Are you on the staff of any hos pital? Haveyou been practicing medicine continuously in the Commonwealth Your Honor. I only have three or four questions and I prefer it for the recordl AeQ <z<~>IIIZZIIIa. iQ 0l-e>z J:III<~A ~0~QIII I e c oJ A< 0 C ::l Q.., I :t..r-N A Would you state what medical or honorary societies you are a member iiin:III~QoD- IIIn: l-n: ::loo A oJ<o ii:l&.o of? Washington County Medical Society,ihe'~n:e rican·ryre,dical Soc;iety, ~ and the Academy of General Practitioners. .. Q Doctor,did you have occasion over the years to treat and be -the family doctor of Rocco Botton?t::.,..' .-•...< '.\'\., A Yes. Q And on several occasions in the 160s,did you see him? A I believe so;or '61,in that area. Q If you recall,only if you recalll doyou remember what it was for? Dr.Bonessi 135 A I looked over the records prior to coming here and I believe some of his·early visits were for arthritis and just general complaints for a man of that age. Q Doctor.was Rocco Botton hospitalized in 1967?•A I believe he was. Yes.I reviewed them. Yes.they are. hospital records? Washington Hospital? . •'.IsothatwemayusethoseinCourt? And in addition.did I ask you to mark cer~ain·places in the'Tecord ,. And at my request.haveyou previously had occasion to look at those are photostatic copies of the originalhospital records lQdged at'the cation.first of all 11m going to show you them and ask you if they Doctor.I have here a series of haspitalizations starting with an occasions until the last hospital record.it shows his death.Thes e are all from the Washington Hospital.So that we may get an identifi admission date of August 17.1967.and thereafter a number of zol-e>z :J:III0<~ ~Q 0<:i>-IIIZZIIIa.. ~~0: Ino oJ~Uo~A xI-,.. C'4 Q ui0:IIII-0:oa..III II:A I-0: :J8 Q .J<u ii:l1.o A Yes.. Q Tell me this:on most of the occasions when these hos pitali~ations took'place.wereyou the attending physician? A Yes.I was. Q If Your Honor please.I thought that perhaps I would ask that all of these records be labled as one exhibit.since we will.when s peakinl \. fi 1i, of them,we will be using a specific date-of hospitalization.Althougl they could be made each one separate since we will be r~ferring to each one. exhibit. THE COURT:We can mark them as one (Stenogra pher marks Contestant's Exhibit "B",photocopies of the Washington Hospital records for Rocco Botton)• ...."l•.. Doctor,I am going to give you all of these hos~ital records which' have been labled in this record as Exhibit ";S".I am going to ask,--. .you certain questions about them and you may use them as you answer the questions.When specifically was RoC?co'<Botton hospitali ~ed in the Washington Hos pital in 1967? He was admitted on 8-17-67 and discharged on 8-22-67. .That is in A ugus t ? Yes. Would you be so kind as to read into the record the final diagnosis found at that time? The final diagnosis on the summary sheet has pneumoconiosis. What is pneumoconiosis? It's occupational lung disease and the other is bronchial 'asthma. What is bronchial asthma? It's a spasm of the large bronchial tubes of the lungsl resulting in " _.--jr__~s~h~o:::.r;l;..t~n~e;::;s;::;s::......:;o:.;;f...;b~r:::....:::.ea::::.::.:th::....::a:..:n.:::d:....:d::Ly.;;l3:lp:,:n:,:e:.:a:!l:.........:.w:..:h:::1:::·c:..:h:.:is=-.,:d::i:::f::£l:.:'c:..:u:l:.:t:;.,y..:.:i:.:n:...:b.:r-=e:,:::a:..::th:',:in~g:...:..._+.-,1 j Dr.Bonessi Q Now when was the next time that Mr.Botton was hospitalized? A He returned to the hospital on 7-15-68~July 15!-1968.,and was discharged the 25th of the same month. Q And ,on that occasion~what 'was his fina,1 diagnosis? ,,37 A <z«~~IIIZZIIIII. io~~QxIII«3 t-=u·ii:AIiiCi ~Q u c::>.., J:..r- N A Now he was taken care of in the hospital by Dr.l\IJoffet~who was taking my place when I was on vacation.His finar diagnosis was chronic lung disease.,pneumoconiosis.,and pneumonia of the right lower lobe of the lung. D6ctor~are these diagnoses essentially similar to'the previous hospitalization~inthat they involve the lungs? Yes. Now when.,again thereafter.,I believe it's in '68;was he next hos pitalized ? He returned there 11-22-68?and was discharged on 12-5-68. iii0::III Q~0::0II.bJ0::A~a:::>0 Qu .J«u ii:AII. 0 What was that discharge date ?-gain? 12-5-68. December 5 of '68? Yes. ."",. f Q I might ask this:.onoccasions.,without being specific.,when he,wasn't in the hospital.,did you see him in between? A Yes.,I did. Q Were you his.,what we would call family doctor? A Yes"I did for the most part.There was a period somelwhere in the interim between 161 and'65 that he was go ing to the Centerville Clinic,but I don't have those dates. Q Now what is the Washington Hospital diagnosis for this November, December,1968 visit? A He was admitted there with arterios clerotic heart dis eas e and was? the second admission.Can you go back to that record and then to do something.-I had meant to ask you a couple questions about some signs of water accumulation of his lungs and extremities.;and He had moisture we will pick up the November"December one?Do you have that right the previous admission.That's the admission in July of '68.That is response to the treatment was adequate. that time with the usual thi ngs,not going into the details"and his you can get rather sick with it.He was treated in:the hos pital at Now ..:Doctor..on the occasion of this---Doctor..I m going to ask you in his lungs,his condition was that of a man who had trouble tbreathip.g, Well,he was admitted to the hospital with,again"shortness of congestive heart failure and pulmonary emphysema. -.,heart failure"would you tell us in layman language wpathis conditiop.., Taking the first two,arteriosclerotic heart dis~.ase and congestive breath and what is commonly known as dropsy. e I c(Qz I c(>oJ>-CIlZZ 1&1II. i0.. Cl Az :r CIlc( 3: ..,:u it.. CIle0 oJ~ U0:>., :I:..,.. N ui-0: 1&1..0:0Q.- 1&1a:Q..a::>0u oJ c( uii:lI.0 e there? A I have it right here. Q .All right,sir.I would ask you to find the nurse's notes.This is for the July,168 admission.And would you state for the record wha :>::;.~Q A the nurse's notes showed for JuJy 16,1968? Mrs.Neely wrote he wa!3 sleeping at intervals,but he was confused and he was found trying to get out of bed.He pulled out the intra- venous needle. What is that,Doctor? That's the solution which he was receiving through his veins. You say he pulled it out? Pulled the needle out,yes.The Supervisor w~s notified and they'left it out during the night and it was to be r~·-started.the next morning by the intravenous nurse.On the 16th again at 8:00 o'clock in the morning he appeared slightly confused.He apparently,on the 16th, of that morning,the intravenous was re-started and he again pulled. out the intravenous needle ana it was again re-started by the°intra'- venous nurse. All right,sir.Now on July 17,the next day?" ,; His color was pale.He was found out of bed ab.d hOe was c'onfused. He was short of breath and he was put in:.Posey :r~,strain·ts,..which is an apparatus to keep people in bed so they don't get out and fall down. Well,without great detail,what is this apparatus? It's sort of a sheet-type thing around the abdomen and pins them to the bed and gives some fre.edom of movement. Q Why was that done on Rocco Botton? A It's done at the hospital as a precaution to protect the patient so Dr.Bonessi 140 they won't get out of bed and fracture a hip or extremity and have a concussion: Yes. medicationl stating that it was poison. Stating it was poison ? All right)sir.Now I'm going to direct your attention back to the .',, ,. November 27. What date was that? milk)and was resting quietly.Tha't was s ev~n in the morn~ng.,Late .!!•l He complained of feeling bad and about being weakl and i'.:It'sta ;'sham ~ Would Y0l:l'again ple8;se -refer to the nurse's notes l specifically Decemberl 1968 admission.You have already given.the diagnosis. He was apparently asked ~o save a urine sample and he failed to saVE record that we had been talking aboutl which is the Novemberl .. his urine.he was instructed again.-He refused his 10:00 o'clock for me to be this way."He ate well;he ate toast\and coffee)juicel,t·.~- Sirl what do the nurse's notes show for July 211 1968? .November 271 19691 and state what they show?.I'm sorry)1968. Q A•~z~>oJ>-QUIz'z\IIll.Ai0l-e!Q~1:UI~~ ..:uii:I-UIec oJ~ U0::>., :t..'"C'I A iiia: \II QI-a:0ll.\II All: l-ll:::>0u oJ~ uii:II. 0 on in the afternoonl he took his low sodium diet well.I was called because he refused to stay in bed.' Q All rightl sir.And on November 29? A ,He was up to the bathroom to void;'-instructed again to remain in bed.Then in the afternoon he was out of bed against rules;voicing no special complaints.r---.......,..---tr--....;;,;;.-.......;.;;.,l.-.:....;.--~-------""""---------4-__1 Dr.Bonessi Q Is there anything about the medicine there on the 29th? A This is the 30th here.I'll go back.Yes.On 11-29 at Noon he said 1 Ll 1 the medicine is making him dumb.He seemed grumpy.No complainl~s of any dis comfort. Q ~Az0( ~>-IIIZZ III~Qzol-t'.~AxIII0(~ ...:u~Q III c ~A !:1c ::Q :tl-I'CIlA And now,on December 2nd? ,He ate well.He was nasty and 8wearing;.up in chair;was doing well, nOLcoIl}plaints. And on December 3rd? , , Seems very angry,says he can go home and die rathe'r than die here.'of starvation.Dr.Bonessi was in. Now I next ask you when Rocco Botton was next hospitalized? February 15,1969~and he was discharged on March 3,1969. Now that is of this year? Yes. iiiII:~Q What was the diagnosis on this hospitalization? o0-III II:A It was the same,arteriosclerotic heart disease and congestivel-ll: ::l 8 heart failure. oJ0( gQ Did you make any notes yourself on that occasion?...o A Well~the history and phYflical---you mean during the whole time of the hos pitalization ? Q Yes.Doctor notes.Specifically,I refer you to February 24. A I have a note on the chart that he was confused today and he had wandering thoughts. Q Now this is your note rather than the nurse's note.Is that correct,sir? A Yes. Q Now I'm going to asko'You to refer to the nurse's pote"specifically February 23. This was in the evening,apparently.His appetite was good;confusec this evening;wandered out in the hall to find his room. And on the.24th? Confused at times,and he was voiding sUffici~nt quantities. And on the 25th? " Ate well;confused at times;voiding sufficient quantities.-. And on the 27th? He was disoriented;sleeping;;awake disoriented for short period; quiet night.Again on the 27th,he ate well;no complaints;confused. I am going to ask you,you keep the records there,but please go to the next admisfSjQnrecord.When is that"sir? April 15,1969 through April 20,1969. Now during this April admission,would you first give us the final· diagnoses? He was admitted with arteriosclerotic heart disease and congestive heart failure,which was compensated,which meant that he was holding his own with it.He had emphysema with pneumoconiosis; cerebral arteriosclerosis with chronic brain syndrome. Q Would I be correct that the first two have to do with the heart failure and heart disease that you have mentioned?Is that correct,sir? A Yes. 111') Dr.Bonessi Q And the !pneu.m-oconiosis and emphysema has to~do with the lung condition,about which you previously testified.Is that'cor-rect? ,·143. c( zc(>.J>-IIIZZIIIII, Zot-elZ J: IIIc( ~ A Q A Yes.-. Now what is cerebral arteriosc~erosiswith chronic brain syndrome? Itls a de~criptive term that we use to d~scribe a vast situation. Arteriosclerosis is hardening of the arteries,which is characterizec by loss of elastic in the blood vessels and some loss of musculature in the auricle and .the lumen of the blood vessels,which in turn causes a decreased amount of blood to flow through these blood vessels,and in turn causes a lessened amount of blood to reach iii 0:IIIt-o:oII,III It: t-o: :JoU .Jc( uii:II.o Q A the vital parts necessary for functi~ning. When we say cerebral? Cerebral means in the head.Chronic brain syndrome is a term that we use,it's a descriptive term to encompass a lot of things. that it could do to a person,and we usually mean this to define people who are affected by this disability in the way they act.And i can express itself by forgetfulness or lack of 'attention span,ina- bility to recall things thatyou did within one or two hou rs or a few minutes before you did;them and characterized by an ability to recall things thatyou did maybe 20 years ago.It's also I-mown to impair people's vital activities,such as their ability to reason and judge. Doctor--- May I add one little thing? Dr.Bonessi .Q Yes. A It can regress to the point where you can get unto complete vegetatio 1, if you go that far with it,to regress even as far back as having fetal pos itions and doing things that normally ~six-month old child would ,. A At times it could be. Q And on April 20th? A Yes,I did. ..-,...And on the 20th? rna tter of degree. Doctor,did you make certain notes on that ApFil admission,'.and I specifically refer you at this time to April 19? do or a year old child or two or three year old child.It's all a compatible today.The chei?t and abdominal exams were essentially going home. A Well,there's another thing I missed.I missed ;the final diagnosis on this,there 'os acute cholecystitis,which is a ga!l bladder attack. Q Is irascibility one of the symptoms of chr~nic brairi ~yndrome? A On the 19th I wrote that he was irascible,confused,and insisted on A I have a:note here that he slept in the _hall during the night;he was Q Q And what did you state there? Q e <z<>..J>-VI Z Z\1/II. i 0~Cl!:xVI<3 .,: 00: I ~VIei5 ..J~ 0i5:J.., :I:..,.. C\I uia:\1/~a: 0II.\1/ II: ~a: :J0 U ..J<Uii:...0 e negative.He refused his TeLepag;ue previously and 1.V.Cholangiog am. Did not visualize gall bladder or biliary tract.I feel that he has resolved acute cholecystitis,but in view of the patient's known cardiac status and his refusal of studies and irascibility,I will Dr.Bonessi discharge him and follow him on diet,etc.Dr.Randall agrees. Q Doctor,also,did you write the history at that time?You refer back to the history. Yes. to undergo further investigation would be warranted.He was dis- of a liver disease.There was no time filling of .the gallblactler or Dyazide,Which is a;water tablet.Vistaril was also to be used at \..." IandanI I charged improved from the hospital to continue with his Digitoxin an d condition that further investigation tand encouragement on his part in the hospital.He slept in the hall during the night,was combative common duct.The patient was very insistarit on going home while Yes.I have patient refused to take the Telepaqu.e tablets and easily upset.It..was not felt that in view of his generalized Yes. Do you ha v:e anything in there about sleeping in the halls or soforth? intravenous cholangiogram was done and the~e.was ,3.,selective excretory function through the renal syste~whi~h might be indicativp I have it on my discharge summary.'~'ls_this what you mean? A Q c(Az0(>.J>-QIIIZZ1&1ll,Ai0l-e>z xIII0(~ ..:u itI-IIIC .J0( !:!0 :l-, :t.. ."N uill: .1&1 l-ll:0II.1&1 ll: l-ll: :J 0U .J0( uii:II.0 horne for any hyperactivity or disturbance which he might encounter It was felt that he was suffering from acute cholecystitis. Q Doctor,you have already testified as to the relationship between some of the symptoms expressed here and the arterioscleroti<:l: cerebral condition with chronic brain syndrome.I would also like to know,is there any relationship between heart and lung disease I I Dr.Bonessi 146 such as this man had,and the various conditions'which you found? A I think you could correlate them.We know that if a personwitb.~ cerebral arteriosclerosis,for instance,has an adequate blood flow to keep him on the level keel,he can do well;but lung or heart disease could decrease the amou.nt of blood flow to the brain and .' I think it was a combination of the three factors. enough to tip the scales. this man had the periods of confusion,irascibility and soforth that reasonably certain that he had cerebral arteriosclerosis.Whether I , If he was in heart failure or I think he had---his age was 68,his age was sufficient to be ' Would you,for the record,state the three again? All right.I'd next like to ask whether you have an opinion as to why you have just testified to. oxygen in the blood into his brain or increase the amount of carbon dioxide in his system,it could have an effect on him.It would be had lung.disability,which would in turn decrease t'he amount of would be enough to tilt his condition into one'of these oth er th ings we have "talked about.It would be possible. <z<>..J>-III ZZIIIII. i0l-e>z xIII<~ ..:!:!ll:f-IIIe0 ..J Q< u C :l., :I:l-I'N iiill:III Al-ll:0II.III Qll: l-ll: :l0 Au ..J< u ii:... 0 it alone would be enough to cause him to have chronic brain syndror:e or to do any of the things that he's done would be a question that you would have to,contemplate.But I think with associated heart disease and lung disease there would be reason to think that this would be enough to cause the man trouble. Q Now again,referring to the same hospitalization which started ----------,..-------------- Dr.Bonessi April 15.would you refer to the nurse's notes and specifically starting with April 16? A Sleeping;pulled out polytube.It's a tube we use sometimes in place of an intravenous needle if we plan to keep the intravenous running for prolonged time Or several days and it makes it easier 147 .e <z<>oJ>-UI ZZ1&1 Do Q ioI-~A :z:UI<~ ..:uii:I-UI is...<u c~Q :I:..,.. N A uiIl:1&1 l-ll:oDo1&1a: I-a::JoU oJ< uii:lI.o for the nurses to change the intrav:enous fluid or to adjust it.And h~ pulled the tube out of his vein. On Ap~il 19? He was out of bed.Firs t of all,he wants to go home.He's out of bed;states he wants to leave this house;he must feed the cow; 'r,efus ed to go to bed;wandering around looking for the door.He was put back in bed with Posey restraints . Is that the same restraints that.you referred to before?.',. Yes.He became short of breath-and stated,:,"c'an't breathe.II .t •J... His res pirations became rapid,his pulse was i,rregular at the time;Supervisor was notified.This is'apparently 2:00 o',clock in the morning.She apparently,the Supervi~ot'must hav~a?ked them to release the Posey restraints because he wa~wandering around and wants to go home.He appeared weak and his color waE poor.He had jerking and trembling movements of his extremitieE, was agitated and combative.He was helped back to bed.The Intern was called when this happened.It trans pired over a period of about an hour.He was put in oxygen at the time.Within an hour or twenty minutes or so.his blood pressure became better. :i':;l4R He appeared to be dozing.The jerking movements which he had at that time started to quiet down.He,later on in the morning,at 7:30 of the same day,appeared confused;h~was passing some gas That was about it. Doctor.based on your observations,the entire record during Further on,this is about 2:00 0'clock in the afternoon,he became he's sleeping in corner of hall on floor;dO,esn't want any favors up to 6:00 o'clock of that same day,his co~or and pulse was good; .',.J ! II .Irno.bother .you,you 'no bother,me.States re'cord during this April admission,and taking into account your 0 n the February-March,1969 admission,and based on the entire res pirations were easy;sleeping.Dr.Bonessi in.Very agitated and "Leave me alone. very restless.He was shouting,shaking and was confused.Going go to bed;sitting up in the c~air in the corner of the halL He statee, just stubborn;refuses to go to room.,• confused after I visited him;stated he was going home;refus ed to All right,sir.And then onthe 19th,April 19th. .from Washington Hos pital.Still sitting up in the chair:';not combati >Ie. Q ~Az<>..I>III Z Z11/II. i0I-~Z :r III<~ ..:~ 0:I-III Ci ..I< U C :t.., :tI-,... (II lti0: 11/ I-0:0II.11/ 0:QI-0:::>0u ..I<0iLII.0 observations in the hos pital and in the office,and taking into account the three diseases which you have stated this man suffered c'onside~ingall these,I would like to know whether,between his discharge of March 3,1969 and his admission of April 15,1969, in your opinion,with reasonable medical certai.Ili;ty,did this man have periods of confusion? ....[.Dr.Bonessi 149' A I w'ou1d think so. Q Why do you say that,sir? A I think he had---it was intermittent,I can't tell you if he had it evev-y- day or if he had it every third day,but I am sure he had periods when he had episodes which are characterized as chro~ic brain .'". conduct of his affairs? pneumoconiosis and heart disease such as this man had affect I am sure he had impairment of'his reasoning. a person's ability to reason and exercise sound judgment in the ..conditions that I have just refer:red to? And Doctor,did this patient,Rocco Botton,have the medical I would think.Certainly,when he was confused in the hos pital th ings like this could happen,I wouldn't be able to tell you,but impairment of his judgment.And at what times,when and where here and times when he was overtly confused,I am sure he had can't tell you how often he had it or when he had it.But·I am c:edai , there are times when this man was incompetent. Doctor,does arteriosclerosis combined with brain syndrome and basic pneumoconiosis,a lot of them do get in trc;mble in this.I syndrome.I felt that especially in these elderly people you have0( z0( ~>-1/1ZZ1&1.Il. i 0....e>z :r::1/10<Q~ ..:~a:.... 1/1i5 ..J~~ 0:l-, :tI-....AN iii'a:1&1....a:0Q. 1&1a: I-a: :l0U ..J 0( uii:lI.0 Q·e A Yes. Q.Do pe9ple with these medical conditions sLi.ch as Roc'co Botton had frequently regress toward childhood? A Yes. Dr.Bonessi Q Can you explain that? A This is commonly known as senility.I mentioned this previously, going all the way back to the fetal stage.practically.I have seen people with advance;d arteriosclerosi~get under a blanket and stay as ,. there all day;1.f they are in the womb.But it's all relativej 'how 150 <z<>.J,>-IIIZZIII,a. ioI-ClZ XIII~Q "!Ii ll:~All:oII.IIIll: l-ll:":IoU .J,< U iL'II.o Q A ,much you go this way is hard to say.Some people handle it very well;some don't.I feel that basically a lot of this depends on basic personality pattern and I think most psychologists feel this way. Doctor.do people of this type sometimes have to be reasoned with 'as you.would reason with children? Yes. Now..Doctor.I am going to ask you to go to the ne~t hospitalization. Ten us the date of that. This was in ~uly 15.1969 to July 22.1969.,At;ld this again was in July when IusualJly take my vacation.Dr.'Smith and Dr."Ber:man t100kmy calls then for the hospital care'arid he was 'admitted'to their service. What was the'final diagnoses on this admission? On Dr.Smith's phbfsical.he had a kidney infection,pyonephritis. :art~rios clerotic hea,rt dis ease,congestive heart failure.cerebral . .' ,arteriosclerosis.possible cerebral vascular accident.which is a stroke. Q ,Doctor.am I correct.11m using layman language.that in addition Dr.Bonessi to the other conditions that you have ,pTIaviously given,now on , .this July admission,he had kidney trouble too? A He apparently had what was thought to be a kidney infection and als ,, a blood stream infection,which we describe with the word I~S eptice ia. Q Would you refer to the doctor's notes,specifically'JuI/16 and Juiy .. not expect financial help from Medicare?when he is ready for home or Manor is their responsibility.Then on the 17th---or 17,ar'e there anything in Dr.Smith's and Berman's notes there " .\ Dr.Berman wrote a note,yet has temperature or yet febrUe;-family July 16.Patient is slightly improved:tod~y;a G.U.infection,or Would you kindly refer to the nurse's notes and specifically,July willing to finance Manor Home care if Medicare refuses. dischar.ge.A few words I can't make out.His disposition as to hi kidney infection;family indicated desire for Manor,post-hospital. relative to the Washington Manor? Well,the first note that I have here from Dr:,Smith is that--- What is the date,sir? I indicated to family that this was quite satisfactory,but they shoul::l ..:oitI-en i5 oJ~~ C:J., :>::..,.. N ~z~~>-III Z ZIIIa. i AoI-Cl~Q III 0( ~A tti ll: IIIl-ll:oa.\IIll: l-ll: :JoU oJ 0( u iL QlI.o 16 ? A He was confused. Q And on the 17th? A Quiet and confused;family w.ith the patient;skin quite warm;Dr. Berman called. Q And on the 22nd? Dr.Bonessi 152 A Seen by Dr.Berman;general diet taken well;appears to be con- fused more as the day progresses;family in. Q Now1 Doctorl referring to the last hospitalization,what is the .·date of that? A He was admitted on 8-8-69 and he expired the same day. They felt that he died of a gram negative "septicemia,which gram neg means a type of ba~t~ria and septicemia me,ans a blood stream What were the final diagnoses? Am·I Correct that was in the Emergency Room? ." t'infection. You may cross examine. , I think so.Yes,he died in the Erre rgency Room':'. ~Qz<>~AIIIzz~Q ioI-~A xIII<~ ..:uitI-III~Q<uo::J.., :t..,.. N uiIt~CROSS EXAMINATION BY MR.BELL: Ito(l.~Q Dr.!Bonessi,you have treated Rocco from 1960.you saY,until I-It::J8 his death? .J<~A Yes ....o Q A nd I take it then you saw him quite frequently then both in your office and also in the hospital? A Yes. Q Do you know,",:,either from your records or from your own recollect on, Rocco's attitude towards hospitals,medicine? A Well,he was,as I had mentioned to probably both of you1 he was a Dr.Bonessi ,man I didn't get very.close to as an individual.I don't think he particularly cared about hos pitals or medicatio,ns.I am sure that there were times that I mentioned hosp italization and it's in one of my records that he refused to go to the hospital.And I believe ~ at the time when he had the gaHbladde'r attack h~puFthat ~ff a ,I ' for "the business at hand and leave. few days,but he was reluctant. He was usually quiet and didn't .have much to say.He would come i When you would see Rocco in your office~how would he appear to .\'..you? c( z c(~~QzZ \II Q. ioI-~A J:UIc(~ ~~Q I-UI ~A c(u g IQ., :I:I-.~A As far as his mental state or mental condition? I have never seen him in the office confused. You n~er did? No. iii0:~Q 0:oQ. 1IJIt I-0: :J8 A .J< ~Q l&.o So the only time you ever saw him confused was in the hospital. Is that correct? That's right. And that was in---well,I won't go.into those.You've ;already enumerated those days.Let me ask you this:from your experie ce. treating patients and older patients.does the emotional stimuli have an effect.a mental effect on a patient?For example.if one in this case,Rocco,would be in unusual surroundings like a hospital or a place where he would not like to be.would this accour t for some of his confusion? I Dr.Bonessi 154 A •I think you could say that.would happento peo pIe.Put them in a hospitall they are in unfamiliar surroundings I that they could be at times -;-- '". Did Rocco have a stroke? .Dr.Smith noted one time that he did.I never felt that he had ., .. ./ Or the same . Yes.It's characterized as an intermittent disease by ma;:J.y peoplE. Could effect .them mentally. Or the same.When one has cerebral arteriosclerosis of the brain Then if he were around his usual surroundings,even though he had his Cardiac decompensation could do thisl as it did this man. what we call a local stroke;where one arm is knocked out or one In other words,you are sayfng"stress then? strokel then occasionally this type o,f illness is irreversible. Sometimes,if the chronic brain syndrome is''precipitatea by a surroundings,familiar people,he may act all together different. ailments as you previously testified,if he was around familiar Is that correct? Stressl also sickness. are there periods of remission? Q A ~Q«>.J~AzzIII~Q.z0I-.Cj Z J:UI«~ .:uitI-UIii.JA:!u §Q... J:l-....N iiill:~All:0B-IIIa: l-ll:::I0U .J« ~QIt..0 A ~. leg or part of his face or his speech. Q Speaking of thatl how was his speech? A Well,of coursel he was not apparently an educated man.And he spoke sort of brokenl but I didn't think he had any aphasia,which ~--------------~----;---- Dr.Bonessi 155 you are indicating. Q ,How about mobility? A It was adequate for his age.He.wasn't a man---he was around 681 he was a slow-walking type of pe.rson.as I r.ecall.:" Q .~Az0(.>.J~QzZIIIII. ioI-elZ x: Ul~A iii0::1&1I-0::oII.• ~Q I-0:: :::loU .J 0( ~A II.o Q But he got around unassisted? Yes. On these occasions that he was in the hospita~and ,discharged as' you enumerated in your direct testimonYI what was his condition when you discharged him? It was usually very good or we wouldn't let him go home.At the time.as I recalll not going back to these records.when he insiste on going home with his gallbladder episode,and at that time when he started getting more involved in his cardiac and lung diseases. I wasn't real satisfied with it.but manytimes we do let people go home because they insist. When he went home at the time he was discharged fr<?m the hospita 1 was he lucid? At the time of discharge he wasl yes. At the times you saw him in the hospital.again as you have enume - ated from the records.would you say that over all.was he more disoriented or more lucid? A I suppose he was more lucid.ifyou took it hour by hour. Q Than he was disoriented? A Yes. Dr.Bonessi Q You said also,I believe,that this confusion and this disorientation could be attributed to the fact of unusual surroundings,not wanting to be in the hos pital. " ,, A Well,I think.basically his pre-diseases probablYeD,iltributed,'more' to it.I know we put people in the hospital,j"\;ls.t~"'fqrthe fact that ""... they don't know where the door is 'or certain th.lngs,'th'ey,can'have periods of not _doing well or even bed rest,."IBu.~rerriemh'er,they are sick people whenwe put them in there too. Of course,when you saw him he was sick,is that correct? That's right.He had moisture in his lungs and his ex;tremities; and we see people who don't know where they are when they are 20 y~ars old if they are terribly ill. From March 3 to April 15,he was discharged on March 3,and he returned to the hospital on April 15,and during that period of time,of course he was home.You have no idea then what his condition would have been in that period of time? You're asking me,probably,was he confused.He certainly was probably at certain times,but when and where,I don't know.r m sure there were probably---- 156 Q Would it--- MR.ROSENBERG:Let him finish. A I am sure that he probably had some periods where maybe---how do you measure this?You don't give him a psychological ev'ery fifteen minutes to say,"Do you know where you are?"But I am Dr.Bonessi sure ati;times this man haddecomp~nsations.He had,to.,He had ~.... enough disease to account for it.But ~hen and where,getting to 157 •Q ~z 0(>..J~Azz11/II. i0I-eIZ J:UI0(~ ..=uii!I-UI C ..J Q0( uC:l... :t..,... (II iiia:11/AI-a: 0B-11/a: I-a: :J0U ..J 0( u i&: l/.0 the point that is in question here,I don't know.I reCl;lly don't know. Because this disease is characterized by an up and down occur: Now you have said that sometimes they revert to ch·ildhoo·d.Did you ever see Rocco in that state? No.,Except I think when he was confused and disoriented,and I think when anyone is like this and they are combative and they are hard to reason with,most of us go back to sort of a monosyllable to reason with them.So the only way you can jy.dge,I don 't think he was carrying around'any baby dolls or anything like that. I notice tha t in all the dis charge records that cerebral arterioscler- as osis was not mentionad3/the diagnosis in any of them until April 20,'69.Is that correct? A lot of times in our hospital records,you know,if 1.put down. for instance,on August 17.1967.all of his diagnosis,which we normally don't put everything down.I could say that he had arthrit s of the left middle finger or the small toe or he had pyloritis.I co~ld probably write a whole sheet.Most of us use a predominatin~ disorder. Q Apparently,in these priorodischarge summaries before April 20, 169.it wasn't such a marked thing that it was worth noting.Is tha t A correct? Yes.We didn't make too much note of it. , Dr.Bonessi 158 Q Now1 Doctorl do you know M"arie Selvoski? A Yes. Q Would you eve,r see her with Rocco? A She used to bring him to the officel yes. "about him. Q Did you ever see any members of Rocco's family? would tell me when he was ill.She would call when she was conce ned A Welll she called frequently and asked about his medication and ., Did Marie appear conce.rned for him? In what way did she show that? That's a courtesy to us. "the examining room.Shf-usually w aitedbut in t~e waiting robm. of it.I donIt know.I would say not regularly.I will put it that wa I. would? Q A I don't recall.You're asking me a questionl whether I was aware A Marie would often bring him and I don It think Marie came into A Yes. Q Q And all the time,that is e~rytime Rocco came in the hospital shee 0( z0(>..J>-III Z ZIIIII. i0l-e>z :z: UI0( ~ ~ua: I-UIea ..J~!:!a:>.., :I:......(II iiill: III l-ll: 0II.III"a: I-a::> 0u ..J 0( uii:...0 Q Did Rocco1 when he would see you,did he recognize you? A Yes. Q Did he know who you were? A Yes.With the exception of some of the times he was confused. Q Yes.Well then,do you have an opinion as to whether Rocco would be rational and competent in managing his affairs,generally ----------------------,------- A speaking? No,I don't.Because I think it depends a lot on when this..,' • IS!=! I. I I was ,done • Q I see'.Then you'd have h<D id'ea then as to his condition as far as March 31,1969 is concerned? •i-, Is that the time I saw him?That's the discharge. March 3. ,'- .. And then that was the 31st. How was his vision? No,I couldn't tell you. I don It know.I didn't have any eye testing on him.I think he'd have to go to that. Did you have any idea who brought him to the hos pital when he would come to the hospital? I think Marie did. All right,Doctor.I don't have any more questions . (Witness excused), MR.ROSENBERG:That's all,sir, I MRS.VIOLA B.ERGMANN IS CALLED AND SWORN. DIRECT EXAMINATION BY MR.ROSENBERG: Q What is your name please? A'Viola Bergmann. 11)0 I lived in Pennsylvania two years.,And after that I lived in Iowa Q <z A<~~Qz1&1Q, i Aol-e! Z Q:z:VI<~,A t-=u~Q IIIa ~A ~a ~Q :t..,.. (II A iiilI:1&1tt QoD-1&1 lI:Al-ll: :Jo U Q oJ ~' UE Ao What is your present addres s ? Fifteen Fourth Street,North West,Oelwein,Iowa What is your age? 47. Your husband's name? Lyl~Bergmann. How many children do you have? Six. ,. How were you related to the late Rocco Botton? -.',I am his oldest daughter. Now when were you married? 1942. And after y6:ur marriage,where have you lived? for 25 years. "... ./;: Q In more recent years after your children were somewhat grown, did you have occasion to visit your father here in Pennsylvania? A Yes. Q In let's,say the last eight or ten years of his life,approximately how often did you have occasion to see him? A Sometimes I would come once;sometimes once a year;somet1me~ --------------------------------------------,- Vir.ll:'l ,..., even twice a year. And did you#in addition#,keep c~ntact with him by other mearU3 ? Yes. What? I wrote him letters and telephoned him frequently. ,; ". 1 ~1 I And what would you say generally was the relationship between you and your father? We were very close. Now are you aware that your father was in the hospital in 1967# 1968 and 1969? Yes. Tell me,were you able to visit him in the hospital during,well, before '69 I'll say? No. And just briefly,tell the Court why. I had too many interferences.I was ill;my husband was ill;my children had surgery;my boy had pneumonia;and in May 15#1968" we had a tornado,that's world-wide news.All this held me back. And Ijust couldn't come and I couldn't afford a lot of trips.Also" because I have three children in college and we always helped them as much as we possibly could because they are very gifted. Q Even though you didn't visit him in the hospital,did you at least keep in touch with him? A Yes.I telephoned him and I wrote him letters. I l~nn Q And did you keep in touch with your brother who was here,Sam Botton.and your sister,Florence Lerum,'who lives in Indiana? .that it was not fair to give me mOre than they would get.And I als b everything he had with my sister and my brother and me and I felt ready to go to college"because they have achieved so many award/:, ., ..-~' .,. ~...'. .. Now I believe thatyou did corne to vis it your fathe r in 1969. and they were in high school at that time when he was out there. thought it was unfair for my children because they were getting And would you kindly tell us when that was,approximately? Yes.I did. Because I told him that he always promised that he would share Why? About a week. That was July 20. No. And at that time where was your father? A nd for how long a period did you stay;? Did you accept th{s? Did your father have o,ccasion to visit you out in Iowa? Why.yes.in 1965 in the summertime he carne out to visit us, And on that occasion did he make anyoffer'to you? Yes. Yes.He told me to co~e to Pennsylvan,ia'and he ~ould buy me a .farm for me and my "chi~dren to,be 'near'hilX1 ~, A Q .. A 0(zQ0(>oJ~Azz \&IDo i0l-e>~QJ:III0( ~A ~0it QI-III 0 oJ A0( 00:J., :J:..,... (II iiia: \&II-a:o·Q. \&Ia: I-a::J0 U oJ 0( 0ii:QlI.0 A Q A ~Q A Q Viola Bergmann 163 Two~the youngest. hos pital clos ed. How many children did you bring? What did you observe about your father in July? I \ I observed my father was very pale,weak,thin,confused and Did you have occasion to see your father everyday in the hospital? I stayed with him constantly from morning till night when the In a motel with my family. Where did 'you s~y:? In the hospital.A Q A Q e A ~'Qz«>~AUIzZIII II. i0I-~Q :r: UI~A ..:o ii:I-UI-0 .J Q« !:!g A.., J:.."N just plain out of it. And would he always recognize you? Not at first.And he kept forgetting who I was after I told him who I was. iii~Q 0:o0-III0: I-0: :J8 A .J~ ~Q II.o Now had you had 'occasion by telephone to talk with your father in, let's say March,April,May and June? Yes. And what did you observe about him just from telephone conver-' sation? A He was very poor in speech and I just couldn't get much out of him.And I knew he was weak and I just kept telling 'J:.im that .1: loved him and that I would pray for him and I would come to see him as soon as I could. Q By way of his res ponses,did he seem to always understand what v as Vibil'lli Bergmann going on? "A I don 't know.There was too manypaus es. ':,Q Now you stated that you stayed in a motel wh"en you were back here Did you have occasion to sta.y anywhere else the last night? ""1)4 A ~Q ~">oJ ~Az Z\&I II.Q ioI-~A J:III~~Q t-=uit A I-UIa oJ< ~o :I.., :r:...... N Q iiiD:\&I AI-D:0ll.\&I' D:QI-D: :I0U oJ ~ u Aii:...0 e.Q A Q A Yes. Where was that? At Marie Selvoski's. Why dig that occur? She invited us over. Did you desire to stay the~e? No.But I just went because I was invited and I w¥tnted to find out what kind of people these were because I want~d my fath'~r:taken care of by professional help. Where had you stated that youwa~ted him to be? I wanted him in an old age hs>me.I beg your pardon? Had you agreed with your brother and sister that he should be in the Washington Manor? Yes. On the occasion of your visit at Marie's·home.did you discuss' with Marie your father's affairs? Yes. ".., Would you please state to the Court what this discus sion was? I asked Marie if my father was paying her any wages and I asked -her if she kept a record of the income and the outgo,apd she said Viola Bergmann that she was doing this for nothing.And th~n I told her that if she was wise~she would go to a lawyer so that she can collect her money for her s~rvices.And she said to me#"I do have a lawyer."And her husband said~"The money of your father's is over there in the drawer#and if I want $20'.OO~$50.00 ~"he said~ 165 0( z0(~>III ZZIII~QzoI-~A :rIII 0( ~ t'I would just take it and then when I would get my pay check I would put it back#and:the old man wouldn't even know i!':'~.' -p •-...'...', Now did she say that she didn't want anything? That's right.She repeatedly was telling me tJ:iat-s~e d~dn't want any money.She did this out of the goodness of th~ir hearts and •,t " .,: ~she said that we are these kind of people. tic oJ Q Did this conversation arid what occurred~particularly with the0( o C :J taking of the money#arouse any suspicion in you?.,-.,; :t..~A Yes.I was so burned up and so mad that I just controlled myself because I knew of my sister and her fighting and 1 also had in mind that there are better ways of,settling things by going to counsel. And what specifically did you have in mind? To go back home and talk to my attorney., And were you able before your father's dea th to do anything legally ~ Were you.able to get anything do ne ? A Yes.We started an investigation and before it was completed my , father passed away. Q Had Marie#during this occasion when you talk~d to her at her home#if sh~did#say anything about the nursing home? Viola Ber2'mann ,' lnn A Q Yes. What did she tell you? L Ii .,t.t : A She told me that she constantly told my fathe'r that'if he w'as admitt d into a nursing home he wouldn't live long and she told him repeated y •l.·'e 0( z0(>~>-III ZZIIIII.Qi0l-e>z :tIII 0( ~ that by staying with her he would live longer.And they wouldn't feed him and they wouldnIt take care of him.And she told me this repeatedly. I neglected to ask you this:on the occasion that you were back here in July visiting your father~did you aJso see Sam Botton~ your brother~regularly at the hos pital ? A Yes. Q Am I correct that you had then gone back to Iowa and your:father died shortly thereafter? A ,Right. Q Did you come back for the funeral? A Yes. Q You may cross examine. CROSS EXAMINATION BY MR.BELL: Q Mrs.Bergmann~you said you saw your father~you.came into tow 1 on July 20~'69? A Yes. Q When was the last time prior to July 20 that you saw your father? . .; ~ Oh)yes.I called and my father answered and.she wasn't home twice . • When you said you talked to him on the phon~'--'':' I can't remember if I did. And did you call Marie's home? Other than you called him several times.i That's right. I wrote him letters and I called him. Is that correct? I A Q I I AeQ 0(zA0(>oJ>-~Qz1&III, iA 0l-e>~Q UI0( ~A =======9!F========-_".,.==V=:l::·o=l=a=B=e~r:!:'f:r~m='=an;:n====='==========:k..167 1967.~ ::.So you:didn't see him then from '67 till Jtlly 20 when he was sick. A Yes. night? A Just one night. A The last night before we left. ,'I,-'.Yes. She wasn't home? father was in the hospitalyoustayed at Marie's home?all night one Q Was till s a different night or the same night? QAnd did your children stay in her home also? A Q And 'you say on July 20;or that period you were here when your Q .:uitI-UIe0 oJ~U0;)., J:..r-til iiill:1&Il-ll:00..1&I ll: l-ll: ;) 0u' oJ 0( uii:II.0 e Q'And of course,you discussed your father's condition with Marie, I take it? A Yes. Viola Bergmann _•h" Q And didn't you tell Marie at that time that if your father wanted to stay with Marie,that was all right with you if that was his wish?..~. A I can't remember~but I know I did go along with her because I didn't want to show her how angry I was.Because I didn't want to get into a fight.I don't believe in violence. 168 <Qz 0(>oJ>-III Z Z1&10-Ai0I-el Qz :tIII0( ~ ..:u a:I-IIIec oJ A0( u C ::J Q.., :tl-I'-N A aia: 1&1 QI-a:00- 1&1 II:AI-a:. ::J 0 Qu oJ 0( u Aii:IL0 Q A Q A I see.And so you stayed at her house and your children stayed at her house just so you wouldn't make her mad.Is that correct? I beg your pardon? Is that the reason you stayed at Marie's house and your children stayed at Marie's house in July of '69~so you wouldn't make her mad,just to go along with her? She had invited me to her house~sir. I know she did.But you didn't refuse her,did you? Why should I?My father was staying there. He was in the hospital on that day though,wasn't he? Yes~he was. Did you write Marie letters? I don't remember if I did.I may have. In these letters you wrote to her~,were you mad at her at the time I don't think I've ever showed anger in any letter to her. But you didh'tcare for Marie.Is that correct? I didn't know Marie.That's why I went into her house,to get to know her better.Because I became,suspicious after our conversat on. But you know,when you don't know somebody~you can't judge then, ---------------------,------ Viola Berg-mann you know. Q I see..,L (Stenographer marks Proponent's Exhibit 4,a letter dated July 31,1969,to Marie &Family from Viola), ,, Q Mrs.Bergmann,I show you Propone'~t's E~hibit,4 and ask'you' ,if you can identify it. I169. A Q Yes. What is it? A It's a letter that I wrote to Marie and the family. Q What is the date on it? A July 31. Q 1969? A Yes. Q It was written from Iowa? A Yes. Q On July 31,1969,did you know Marie and the family then? A Well,we had been at her place. Q You knew her when this was written?You had met her? A Yes. Q Would you read to the Court out loud the whole letter? A ""tXT.t h "vve go 0 me - - - Q Start with the top here. A "Dear Marie &Fa!TIily,We got home Thursday,July 24 at about ,.'~"I' I .Viola Bergmann.,'·l "1'7nF======It=======-~===========!:::2:::================*::!::!:!:!=1 7:00 P.M.The trip back was goed.We stoPRed twice on the way• ~,..... back.It was a late start but everything turned out 0 .K'.'.... Sorry to hear that Dad isn't t~ogood,.·With all the' ailments he h.as and his age could do a lot to an older person. Did the visiting nurse s top in?If so what did she say to do?Forget about the p j's that Robert left there. The rains are beginning to stop,but it,looks like rain today.There is 30 to 40%chance of rain. I'm sure happy that the men,made it to the moon and bac Hope this makes it easier for the countries to get along in the future.We also may add that everything is fine here.I didn't get to do everything I planned but I gues s that is life. Sandra our oldest daughter is going to be home on Tuesdi:ly August 5.I must drive to Cedar Falls to get her.Must make plan for her wedding.She got a B in her test.That isn't bad.I don't know how manyhours she has in on her M.A.for this year.I don't think she said.She has too many other things on her mind. Didn't hear from Linda the one in Germany.I bet she can really talk German now.I hope.I hope.Well,I guess I'll close and hope to hear from you soon.Tell Jr.,Joyce,Janet and Jef.we said heUo and take care.How is the mini bike?God Bles~ you all.Your Friend,Viola." Q Now when this letter was written on July 31,were you suspiCious of Marie and her family then,? A Q A I went to my attorney. But you wrote the letter~didn't.sou:? I wouldn't.tell her.-.:'Why should I? I Q I hav'e no more questions.Thank you. MR.ROSENBERG:That's all.Your 'Honorl I think that we are finished,.if Your Honor is going to take a We will take a recess for five minutes or so. THE COURT: 0(z 0(>oJ>IIIZZ1&10. io,~ ClZ :E:III; morning recess.I don't kp.ow if you were .',' -r~ We will.follow the suggestio .I. " demur the evidence and feel the'Contesta'nts have not shown a ,e iii0::1&1~0::o0. 1&1,0:: ~0::;;,oo oJ0( ui.:II.o R E C E S S MR.ROSENBERG: Contestants rest. 'THE COURT: MR.BELL: prima facie case. THE COURT: exception noted. MR.BELL: l >,,, If the Court please,the Very welL Your HonorI the Proponent The demur is overruled; I call Marie Selvoski. I. , Marie Selvoski MARIE SELVOSKIIS CALLED AND SWORN. DIRECT EXAMINATION BY MR.BELL: 172 I Q A Q ~A 0(>oJ~Qzz 111 ":Az0I-elZ QxUl0(~A ..:0ii:QI-Ul C ..I A0( uC::>Q., :r......N A ui0:IIII-Q0:0B-III0:AI-0:::>0u Q... 0( u ii:AIl.0 Q A Q <, Would you state your full name? Marie Selvoski. Where do you live? Ontario.Pa. Are you;married? Yes.I am.for 12 years.jus t about. And to whom are you married? Charles Selvoski.Jr. Is he in the Courtroom today? Yes.he's over there. Are you employed.Marie? No.I'm not;just a hous ewife. How many children do you have? Three.Joyce"Jeffie and Janet. Would you give their ages? Ten••. Their names and ages. Joyce is ten;Jeffrey is eight;and Janet is seven . Are thes e the three children that are the beneficiaries under the will of Rocco Botton? A Yes.they are. Q Now do you know Rocco Botton? A Yes.I do.I've known him for 14 years.He's the Godfather for Mar;p ~elvoski my children. 17~ Q A When did you first meet him? I met him when my mother and dad mov.ed up the farm in 1955. Q What are your mother and dad's names?', A Q A Q Matt and.Margaret Collins. You say they lived up the farm? Yes. Whose farm? ".t"',,, ~j .It, ;~. '".-'/'.,t'"!".I'c'. " ..; i " A Up ~t Rocco Botton's farm.He had two rooms of his own and they rented the other side. Q Now how long did your mother and father rent the farm? A'They rented it up until January of 1969,when they got a letter in the !TIail when Rocco stayed at Sam's and Beryl's house and they ,were put out and Rocco had signed the letter. Q When did you get married?When did you leave the farm? A Let's see,I can't think of the year. Q.You have been married how long? A It will be 12 years in January.And I stayed there for two years because we moved there in 1955. Q Did Rocco stay there the whole time? A Yes.And then I lived at the farm off and on for'about a year with my mother and dad.And then I was practically up there everyday, just about,because we didn't live too far away. Q And did you see Rocco a lot then at the farm? ----~n__-----c------------------------------:'--------:---- A Mari e S:p1vo!=;ki Yes.I did.I seen him everyday.And in fact.he.ah~ays aske,d me to take him different places.I took him to church"for groceries. and to visit his friends.And when he wanted to go to pay his bills. I I d take him then, 174 e Q ~A I ~>.J~Qzz1&1 11..Az0I-el~Q .:rIII~~A This is,of course,you're speaking of before he moved in with.you Yes. Did you know Rocco rs children.his three children? Yes.I knew all three of them. Did you.know them prior to February of '69? Yes,I did.In fact,the first time I saw them all was when Rocco wilS t-=ua:I-!e Q .J~00::l I .., :t...,.. N uin: 1&1 l-n:0II.IIIn: l-n:::l 0 U .J 0( uii:lI.0 e in the BiPDWnS ville Hos pital,but I don't know the year.That I s the first time I ever saw them.But they did come,Well•.viola came. Q Came where? A To Rocco's farm to see him,say,at least once,maybe twice a year. Q Did you ever see Sam at the farm? A Yes.I did.But I saw him imore when he was in some kind of trouble. the Q How about Florencel,t other dau~ghter?Did you ever see her at the farm? A Yes.She came up and came over to my mother's side and my mother,she gave them things to eat,Viola too"and Sam too and h s wife,Beryl. Q Did you and your family have good relations with Rocco and his --~-~--------------~-------~------- A Q A Q family? Yes,we did.They always came over all the time;:all except the time I had the argument with Rocco's daughter.Florence. Well.we'll get to that. That was the only time. , l .,..'"'INowgettingtoMarch3.1969.would you tell th~CouI\t how it'camE ..,........'... 17c; "about that you took Rocco into your hom'e ? " ",'.;J A Yes.I will.He lived up the farm by himself when no"one---well. at first he was at Sam and Beryl's house.thIS ~as.in;necember an~ ,. January. Q Of '68 and '69? ~ A Yes.'68 and '69.And then when my mother and dad got this letter in the mail for"Rocco putting them out---T • Q What was the reason for that.do you know? A I don't know the reason.Well.yes.They heard that Rocco was go ing to sue the estate. Q Su.e what estate? A I mean not Rocco.but my mother and dad was going to sue. Q What was the reason for that? MR.ROSENBERG:Sue who? A A Sue Rocco's estate when they were staying at Sam 'and Beryl's. Q What was the purpose of that? Becaus e my brother got killed on the farm. Q What did your brother do?How old was your brother?I1------:---1r~--...:..:.;:.:.:::.:::...::.:~'-.:.::~:.:..:..:.::..:==-=-.:...-::..:..::-.::.:.:...:..:...:::.:....:~~:.:..::..:.:.::...:...----___+---1 I A Q A He helped on the farm.farm work and he overturned on Rocco's tractor.And so then they sent this letter to my mother and dad when Rocco was·down at Sam and Beryl's hous e and they sent the IE tter up.and so then I called down there because I had some cows o,n Rocco's farm and I wanted to know.I told him.if I had to get rid of them.And he says--...in fact.when I did call down to Sam's.Ro co wasn't'there ..An~Beryl had.told me that she had the flu and that Rocco had left.But then he went to Joe Lorenzo's house to stay and then he came home.In fact.I even called l\~Toe Lorenzo's because I didn't get to talk to Rocco.So I called there and he says. "Don't worry about him."He says."You ju.st leave him there." What month was this? That was in January of '69.So then Rocco went back home and then I used to go up there and check on him because there was no one else that went up there and he couldn't drive or anything and he had no means of transportation. When you say he went home.you mean back to the farm? Hewe~backtothefurm. Was anyone living there with him? No.My mother and dad had moved out. He was there by himself? Yes.And I went up there and checked on him.So this one day I Marie Selvoski went up there and he says,"You know what happened to me?II I says,"What?"He says""I got real short of air,I cou1dn't catch 77 my breath for about a half hour."So.I asked him,"DoJyou want.~..~~ to come down to my house ';80 in case'you get sick'?'""And he s'ays" 11Yes."So before I even got a chance to take him down,1.changed ~...., his clothes,I had to call the ambuladc'e because 'he got"real bad.,. So then he went to the hospital. What month was this? .. ,. Q This was in February.So then the Cokeburg Ambulance came and I went with him.And then I went up there to see him everyday. And then people knew that the farm was empty,so this was in F~bruary,'69"so there was some guy come and asked about the farm to my nE?ighbor,Eva..And she told him where to call,so she'called me.So I went up the hos pital and I asked Rocco if he wanted to rent it. How was Rocco at the hospital when you saw him?What was his condition? He was okay.He knew that he wanted to rent the farm.So Joe .Plevel,who is renting from him right ..n0w"he went up to the hospital to see him arid Rocco told me to show him the house because ..he was in the hos pital. Q Did you?' A Yes,I did. When Rocco was discharged from the hos pital,where did he go?Ili------1jr-----------..;.---.,...---------1-- I 1 '7 Q ,me that he's allowed to come home because Dr.Bonessi checked Did he say,when they said he was allowed to go home,did he No.He wasn't.In fact,the reason he was confused was becaus e How did he appear toyou?Was he ever confused when you saw hin ? t' ,-", Yes. That was February 15 to March 3,'69? You said you went up the hos pital everyday to see him ? Yesl I did. IrJ.the m ornirig. Yes.He said,"I'm going to your house.."meaning my hou~e. indicate to you where he wanted togo? Welll he was w,eak,but he knew what he was talking about. Did you take him? What was his condition when he got out of the hos pital ? Did you talk to the doctor or nurses or anyone? The nurses told me that Rocco is being discharged and th:e~T]'told NOI there wasn't.There was nobody there. him,and he"came to live with me. Yes. Now how did he get to your house? Was anyone els e there? That was on March 3? He came to my house. I went over and got him from the hos pita1. A Q A Q A ~Qz~>~>-AUIzZ11/ II.Qi0t; Az :tUI.~~ t-=u ii:l-UIi5 ~Q~~0 ::l., J:..,.. C\I A iiia:11/Q..a:0Q. 11/a:A..a: ::l 0 Qu ~~ u ii:AII. 0 e Q. A Q A Q A I . Marie Selvoski he didn't like the hospital.And he even refused,to go when I'd ask 179 him and even when the doctor asked him,he refused.He wouldn't 10 • Did you ever see him strapped down at the has pital ? No"I didn't.But they told me they did strap him down.And he say~, III'm not staying here no more;I'm going horne.11 Did he ever tell you why he was strapped down,Rocco? He said he went to the window to get fresh air and he says the nurses grabbed him and put :him back to bed.In fact,Sam was up .there in July and Florence and they said not to strap him down because he don't like it.He gets very nervOus and upset about it. This was in July? Yes,July of 1969. Rocco went horne with you,and from March 3rd until April 15th, I believe he went back to the hospital. Yes'. And he was at your hamEl during that period of time,correct? Yes. What did,while he was horne,how did he act?What was his cond'tion? How did he appear? He s eer,ned okay to me.He jus t had trouble breathing,is the only thing.I know. Q Was that always he had trouble? A No.Just at certain times.Like it depended on the weather,is when he'd have a lot of trouble. -~~-~--II------------------"""""----------"""'---------- Q Marie Selvoski Did he get around the hous e ?•i' ,'180 A Yesl he did.He walked by himself up until July of '69.And then he slept on the floor for a month because I didn't'want hirh'to get, hurt..' Q 0(Az0(>..I~QzZ 1&1 Q,A iol-e>z :rUI0(~Q ..=~AI-UI C ~Q uc~A x.....N iiill:1&1l-ll:o0.1&1ll: l-ll: :JoU ..I 0( u iL QII.o A Where did Rocco sleep? At first when he c~me to my house he slept in my little boy's room , How many bedrooms do you have? I have three bedrooms;one double bed in my bedroom and two twin beds and a single bed in my little boy's room. You say he did sleep when he first came in your bedroom? He slept in my little boy's room,yes. Did he continue to sleep there? He slept there for about a month.and then he'd watch television and so this one time he laid onthe couch and I says to him, "Rocco,aren't you going to bed?"He says•."I'm going to sleep rigI:t here."So then from then on he didn't want to go to bedl he slept on my couch. Did he watch television frequently? Yes.He liked the news.He always liked to watch the news and the Newlywed Game. Q Would he dver talk to you about the programs? A Yes.Especially the news,he always talked about different things that was happening. Q With reference to what would he talk to you about? ~,,,'1\IT,,~';~<::<~1 ',.' ,•, '.,, ~..:\= A Well,one thing he talked about was when they were having this space thing and he didn't like that at all.He says."They're spending all our money for nothing.II And he says.'IThey don't ha e h "to go up t ere. you there.II He says,"If God wanted you there,he I d put ~Q <>..I>-UIZZ1&1 Do A iol-e>z xUI<~ ..=(J itI-UIC ..I<o C ::l Q... :I:..~A And would he talk to you about current things.current news items. other than the s pace program? Yes.he would.I mean he listened to the news and then he would come in the kitchen and tell me because I never listened to the new:; that much because I always had things to do.arid]then places to go. And I'd leave him there or either take him with me if he wanted to go . As far as eating,did he eat? Yes.At first when he come to my house,he ate real well,he !Ii0:~ate very good.And then it was just in JUly.the first part of July 0:oDoIJJa:that he slowed down on eating. I-0: ::l8 Q And I assume that the doctor gave him medicine'during these visits ..I 0(oii:and hospital visits?...o A Q Yes,he did. Did Rocco take the medicine? A Yes.he always took the medicine.In fact,Joe Lorenzo used to come up and visit him all the time Cl:nd he used to make me nerVOUE because he'd tell Rocco that the medicine isn1tany good for him. I told Joe,I says."Well.if it wasn't helping him,he wouldn1t takE ------Ir-----------,-------------------.......----------~ Marie Selvoski it."I 'say~."But he even asked me to give it to him.'1 Q Now was Rocco able to get around while he lived with you? A Yes.He always got around.He eVEm helped me plant the garden , 'and he'd sit on the porch and holler at me if I was nIt doing it right. 182 Q ~Az~~>-UI Z ZlI/II. :ioI-~Q :J:UI~~A t-=!:1II:I-UI a ..I~ U ~Q :t..,... N A ui-0:: lI/ I-0::0II. III II: I-0:: :l 0 U ..I< u Qii:lI.0 e A Where,is your garden in relation to your house? It's across the street.And he even went to visit my neighbors and he went to my sister's place that she bought right across from me. It's two houses up.He walked up there to see it. Would he go by himself or with somebody? He walke,d by himself.1?ut I mean I went with him,you know.becal,;s e he never did go wandering off by himself because he didn't know anybody. How did he treat your three children? He treated them very well.I mean he always.ever since they were little.he was the Godfather to the children.he gave them a dollar out of every check that he got all the time.And for their birthdays he always gave them money. Would Rocco go to church? Yes.He went to church with me.And even when he lived up the, farm"I used to go up there and take him all the time.And thEm a lot of times I would leave him off at Mrs.D'Andrea's house and then she would bring him home.That's in Ellsworth. Q Was this during this period of time between March and August whe 11'.' he died you'd take him to Mrs.D'Andrea's house?r ' I . I A Marie Selvoski Yes.I took him down there one time and I left him there and I went for groceries and came back and went in the house and talked with them. I I i83 I Q 'Before he lived with you,beginning Marc!?3,did you take him placps? A Yes,I did.I took him,still took him to churchand if they had things to fix on the farm,he would have my rnother call me and I would take him or my dad would take him.'And if my dad didn't feel Uke,I'd take him. Q Did you take him to the doctor's? A Yes,I took him to the doctbrls all the time and my dad also took him to the doctor's. Q How about on vacations·? A Well,we took him when he stayed at our house;that was in July,.~...:~t on July 20th,we took him up the mountains.That's qy C;opnellsvillb • Q On July 20th was he in the hospital? A 1969?No.That was on a Sunday. Q I see. A Around the same time on July 24,he had to come up to the Court House here because he had a hearing for'this silicosis claim and I didn't want him to come,but he made me take him.He says, "They owe lYle that.11 And he says,"I have to go."So I brought him up here and I even got my neighbor to come with me because 1 didn't feel he should go.And he just'argued with me.,He says, "I have to go up."So he came .and he got his silicosis,but he gotr-------1r--------~:....-....::....=_:_-------....:...~..:...---=-....:-.--....:--....:..-.:..:~...::..:...=.:...:.:..=.._J_---1 Marie Selvoski 84 the first check after he died. Lorenzo used to come up all the tim e and take him for this certain to bless hims elf and look a certain place;'and then,I don't know worked in.the mine and he told them 47 years.And then they didn't Well,he used to get this water and put weed in it and then he us ed !. '.,, What was that?Would you explain in more detail ? thing that they believed in. Yes,he did.He did that for the longest time.And in fact.Jo e What was Rocco's attitude as far as-:--did he have some belief No,hli:!didn't have a lawyer.And they asked him hoW-lOl:l;g he Yes. Yes. Yes,he did. Did they have a hearing? ask him anymor,e;he just said.you know,that he wasn't feeling Wereyou present at the hearing? Did he have a lawyer? well.That's C!-ll• Did he attend the hearil}g,at all ? in the occult or,herbs or--- II Q, A Q e'A 0(Qz0(>..I').AUIzZ1&1 11..Qz0I-~A :J: UI0( ~ ..:i2 0:I-UI 'e 0 ..I~U C ::l Q., :tl-I'(II ai0:1&1 AI-0:0II.1&10: I-0: ::l0U .J< u Qii:... 0 e A w hat he said because I didn't understand it.And then thes e things I,I would move around in the dish.he'd be talking to himself,and then he would tell you what's wrong with you. Q Now is this from the period of March of '69 or how long has he been doing this? Marie Selvoski 't';185 A He's been doing it for the longest time.I don't even know how long. In factI as long as I knew him he did.But before thatl Joe Lorenz t> would know more about that than I would. Q You heard me ask Joe Lorenzo the,question about healing his is irrelevant and immaterial. child.Do you know anything about that?0( z0( ~~Azz\&III. ioI-ozi1II 0( ~ Yes.He used to come up all the time. MR.ROSENBERG: THE COURT: If the Court pleas e,that The objection is sustained . ..,:uirQI-IIIc ~A uc:l.., :tI-....NQ Did Rocco ever discuss his pro perty with you? NOI he never did.He did tell me when I'd go up his house that he had a will made outl but he never said what or anything. Did he ever discuss his children with you? iii0:~A Yes,he did.He always talked real nice about them ..He talked abol t. oII.III a:Sam and he talked about Viola and Florence. I-0: :lo U Q Now in MarchI did he ever say anything about his children? .J0( ~A Yes.Welll Viola had called him in'May at my house and I wasn't o home.Arid I came home and Rocco says,"You know what?"I say~I "What?"He saidl "I got a call from my daughterl Viola."And I saidl "Did you;?"And I saidl "What did she say?"He said that she,was coming out to visit him after the children all got out of school.So then later on she called back again and she said that-- told Rocco that she couldnIt make it.And that's all he told me. Marie Selvoski He never said no more about it. Q Did he ever discuss with you the fact that his children did not see him too much or bother with him too much 7. A Yes,he did .say that they no come around toom.1Jch.And I told hid, •t •j'Viola'had six children~it was hard for her.:"'But I says Bam~well.. 1RR he could have came more often~I think.But he 'never came that often . .. Q Now did Sam,while Rocco was staying with you from March to August,did Sam come down at the house .atap 7:., A Yes,he came down at the hquse when he first came.He never came too often.In fact,the first day he came was on Easter Day . Q In April 7 A Yes.April 6th I think it was.And then in,I think inMay~but I don't know the date for sure because I never'marked it down. And he talked with him.In fact,he was there .at least,lId say three times'and we weren't even at home,talking with his dad. Q Did Rocco ever tell you why he left Sam and Beryl's place 7 A Yes,he did.'I called down there and she said,Beryl says that he went to Joe's;that he was coming back"but she didn't know when .because she had the flu.So then when Rocco came-to stay at my house"he says,"I ain't never going down that house again.II And I says,"Why not 7 ,.1 He says~"Because they thought I was dummy,I he says~"They want me to sign the farm over to them for a dollar and then what was I going to do,get kicked out on the road 7 t1 Tha 's what :he told me.That's why he never went down.In fact,they ----,-,-----------------------------------------, '. .Marie Selvoski 187===:::;:::====tl========-'--==:::::::::======================F====!., came up and begged him to go and he wouldn't. Q Who are they? A Beryl and Sam when they came up. Q When was it they came up? A Well~Beryl had never came until I called down there.and I said to her~I says~"How come you don't come up to see Rocco?" She says she was real busy and she had things to do.And she told me to tell Rocco that she was coming up~so I told him.He was sitting on the couch.And he says~"Tell her to come up;the groul d is there."That's what he told me.And then she says,"Ask him if he wants to come and stay with me."And I asked him and he "N "says,o. Q When did they come up"Beryl and Sam~come up though? A I'm not sure.But I think it was in May sometime.I'm not sure if that's the date. Q Were you present at the time? A Yes.I was there when Sam and Beryl---well,at first Beryl came by herself the very next day with her two little boys I think she had with her.And she came~she asked him""Why don't you come down to our house and leave Marie have a rest because she's probably tired."He says""No." Q Who said No? A Rocco did.He said he wouldn't go.Andeverytime after that that Sam and Beryl did come uP.Beryl always asked him if he wanted Marie Selvoski 1 RR to come down and even in July while she c6uldn't understand'him". so she'd s<;ty to me""What did he say?"And s'o I says",,1'He says real well. A Yes. with you. Q Who said this? Did they ever discuss with you or Roccoa~out'~nursing h,ome? he's going to see.II And that's when he :v'as pretty sick. says that I wanted to talk to her.So I talked to her on the phone am the house and she was talking to'Rocco.And theIl;'I told Rocco"I she asked me how he was"and I told her that he wasn't feeling ,. tell'me what to do."Rocco told me that. him and he says""I'm my own boss."He says""I'll stay where wanted to go in a nursing home"and he said---he got real angry wi h I I want to stay.1.1 Q We heard some testimony about Florence having an argument A Yes.Well"I wasn't home when she came.Well"she did call to Q Could you tell us what that was over? A Rocco did.He stayed at my house.He says""They're not going to Q A Well"Sam told me that he wanted to put-'.-he told'his dad 'if he I I e <z<>.J>-IIIZ Z1&1Go i 0I- elZ :rIII<~ ..:0ji:, I-III I e c .J< 00 :J.., J:..l-N uilI:1&1l-ll: 0Go1&1II: l-ll: :J00 .J< 0 ii:II.0 e Q What month was this? A This was in July when she called.And she says to me""Is he getting skinny?"And I says""Yes"he is."She says~"Do you thin1 htt '?"I oug 0 come In"I said""I think you should.It would be nice '-.lL----'---'-- -~---~r-------------~-----'-~~",,-;--~--'---~~~• ., Marie Selvoski 189 because he's been wanting to see you and Viola.11 And she says" "Well,I'd like to corne in with Viola,but I don't know when she's going to corne in. Q A «z0(>.J~Qz IIIII.zA 0l-e>~Q:z:III0(~A .:uii:.1-III Q .J~~Q :l Q"'l :t0-r-N A uiIl:IIIl-ll:0II.IIIIl: l-ll: :l0U .J0( uii:II.0 Q A ..' Did she corne in? They carne in.Florence carne in.Well,the day we had that fight was on,I think it was on July 13th.She carne out to the house. Where did this fight occur? It was on my front porch. Who was there? My husband was on the porch.I wasn't there when she carne and Florence carne and Beryl was there.And there was some of my ,neighbor girls there. What happened? At first,well,I don't know what was said when my husband was there,but when I carne up the road I was in my car,and I got out of the car and I saw her,she was yelling at him and shaking her finger at him.So I got nervouS about it because ~was wondering w at she was--- At who? She was shaking her finger at my husband.And so she says."I carne to take my father with me."And I says,,"Did you ask him if he wanted to go?"She says."I don't have to ask him."She say~, "I'm taking him."I said."Well.you're not go ing to take him unless he's willing to go."So I told him,I says."Rocco~do you Marie Selvoski want to go with yOUT daughter?"And he says""No.11 H~.says" 11When I tell you something,Ilm not 'going to go."Arid she was pulling him off the chair and he,says""Leave me alone.Ii And ,she was th~r~after"we wa;talking for ,awhile ,~nd she say's to .me".,.'".,...~"... she says""You're just like that Bit c h up the,~arm."And then 190 She said she was referring to my mother.But then at the Emergency Room she apologized and she said she was referring to Mrs.D'Anc rea. This is when you hit her then? 0( z0(>oJ ~Qz ZIII lI.Azo~ClZ J:(I) 0( ~Q I hit her. Who was she referring to? ~..'":'••I'" ,..}, ..:u Ait~(I) ·e 0 oJ~ U0:J... :I:..,.. N uiII:III ~II:0II.IIIa:Q~a::J0 Au oJ<Uii:II.0 Yes.That's when I hit her.And then they never left and she 'was kneeling down talking to her dad in Italian.And I didn't know a wor~ that was said.In fact",whe'n I asked ~occo if he wanted to go with his daughter"that I'd get his things r'eady that he could go,she ;w~s; mocking me. What did Rocco say when you said you'd get his things ready? He says"'II no going no place.",And he never left.In fact" r even went down my neighbor's house",Wilma's,'because I was so badly upset.And they were still there and they were in my \house too,talking to him. Q Did you ever leave Rocco alone? A Yes",1 did.I left him.In fact"he would watch the kids for me a 10 . Q You felt that he was able to watch your children? A Yes. Marie Selvoski 191 Q There was nothing wrong with him? A No.He would watch them for,me.And then when I',d go to town, he'd be there by himself if I had to go down Bentleyville. Q vyould you ever leave him with other people,relatives or friends or anyone else ? Of '69? Yes. And that was on April--in the middle of April sometime. don't know how many times"but I know it was a lot of times.In Joe Lorenzo Other than Joe Lorenzo"would Rocco have any other friends come And I told them}I says""Rocco has to go back in the hospital." doctor's office so long that Joe and Ralph De'Andrea came up. him the day before he came up,the next day,and we w ere at the And he even took his little suitcase with him,Joe did,took it with Bonessi's."And I said""If he says it's okay"then he can go." told Joe,"I have to take him for his regular appointment at "Dr. fact,Rocco was even going to go home with him one time and I Yes.They were even there when I wasn't home. was there even a lot more often than Sam was.He was there,I 0(Az 0(>..l>-I/)z Z 1&1II. i0l-e>z x I/) 0(:: ~2 0::l-I/) i5 ..l0( 2 0:J... :tl-I' " iii0::1&1 I-0::0II.1&1II: I-0:::J0 Qu ..l 0( ui&:AII.0 Q in and see him? A Yes.There -was three women that came from Pittsburgh.And they were asking him different questions because he used this plumb bob which they would ask questions to.And SO when they came I made them coffee and I told them,"If you want to use the -~----- Marie Selvoski bathroom~you're welcome.to u~e it~Ii . 192 Q Would you stay with them?.... A No,I didn't.I went down to Wilma's'house'and I leffthem alone .',j•~, because I thought it's none of my business. •t· Did you know these women? No~I didn't know them. Were they elderly wornen? Yes~they were.I'd say itt their 40's,50's. This all occurred between March and August of '69? It was arhund ins-May. .,r ."....'......( Q Did Sam and Rocco ever have any argum ents at your place when he would come in? Yes.Only one thing that I can remember..was when Rocco leased the farm out~Sam came down and he said that the guy from the farm~Joe Plevel~was pestering him about his horses that he had staying on Rocco's,farm.And he came down holl~ping:~at his dad and he says,l1Didn't I tell you that I'm going to take them out of there as soon as I get a place?" These were Sam's horses on the farm? Yes.And Rocco told him~he says,"I told you that I leased the place ou.t."And so he says""I don't care if I never come back to this place again." .Who said this? A Sam did.But then he did come back.r--------ir-------------:------:-----------....;,.---+--I I Q A Q A ..,:u it QI-III o ..I< Ua~A :I:..,.. w iii II: ~QoD-III II:A l-II::>ou ..I< uii:II.o Marie Selvoski What month was that? I'm not sure if it was April---I think it was in April. Do you remember when Rocco leased the farm out? Yes.He leased it out towards the end of---welll the lease was rna ae out in MarchI but the manseen him the end of February at the hospital. So he leased it in March? He made the lease out in March. That was in '69 also? Yes . Did Joe Lorenzo ever ask Rocco ;"while h:~,..was ~a.bYour~placel to go with him or Sam? Welll Joe Lorenzo knew what had happened because Rocco had told him up at the house . You mean about the conveying the farm for.a dollar? Yes.And then 'J:oe would come up all the time and he would alway~-. say that Rocco could fix himself;and lie used to tell him the medic ne wasn't any good for him.So he saYSI "I'm gonna take Rocco down the house one timel "and he saysl "We've gotta do some kind of work"that he could fix him his ow n self.So that was the time I was telling you aboutl he was going to go with Joe and he had to come back into the hospital. Q Now in March of '691 .the last of March of '691 did Rocco want to see a lawyer? (;. Marie :Selvoski A Yes~he did.He said for me to take him,that he wanted to make a lease out becaus e Joe Plevel came down to our house and he told," 194 I Q Rocco. What lawyer did you go to? ,,...I 0'.~.-. A :5z0( :i ~Qz Z III 11..AzoI-~QxCII<C~A ..:ua:QI-CII C oJ A~ !:!c:>... :tl-I'N iii0:III I-0:0II.III0:QI-0::>0 Au oJ0( u ii:II.o· Q A Q We went to his lawyer that he had for a long time,'Pat Murphy in !;.... Washington. When was it thatyou took him to Pat Mu:rphy's? !twas arouu?the third week in March when I took him up there.' Of what year? 1969. ~nd did you see Pat Murphy? Yes~we did.And Rocco told him that he wanted to make a leas e out and Pat Murphy asked him who he was renting the farm to,and· he asked him how much rent he wanted to charge.And he asked hin how many acres of grou.nd he had. Was the lease drawn up? Yes,it .was.Rocco told Pat Murphy what he wanted to charge him and for how long. Was it signed by Rocco? Then what else did Mr.Murphy and Rocco---were you prese_nt at the time? A Yes~I was there. Q .What else was discussed? , .'!)l\/b....ip C;:pluf""\cdri ·~,t Rocco told them.that he wanted to change his will becaus e he said that his kids wasn't taking care of him and that they didn't come to see him that often. Q What did Mr.Murphy say? A 0( z 0( :i>-IIIZ ZIII~Q oI-~A:r III0( 3 ..=uii:Iiio ~Q ~o:>.., :t......NA !Ii0::~QoB-III 0::A I-0:::> 8Q oJ0( uii:ALI.o Q He says~"Okay."BI--e says~"Do you know what you want to do?" And Rocco says~"Yes."He says,"Well then"---this was when we first went to draw up the lease. When you say "he"~who are you referring to? Mr.Murphy said,"When you come back to pick the lease up,.,mak up your mind what you want to do."And he says,"1 111 change the will." Were there any other matters discussed with Mr.Murphy at that time? You mean after we went back? Well~didyou go back then to see Mr.Murphy? We went back to get the leas e. What date was that?Was that in March als o? Yes~It was.I don't know if it was the 29th or--- Around the last week of March? A Yes.It was the last week of March. Q What happened?. A We went back up there and Mr.Murphy says to him,"Rocco""he . says,"Do I have your will here?"And Rocco says""I think you go it."So he got the will out,the old will~and he s'ays,"Do you want Marie Selvoski "1-"·f 'this lady to be present while the will is read?"And Rocco says" "Yes"she can stay there."And so then Mr.Muq:ihy said to Roccc".-, "Do you know wh.at you want to do?"And Rocco says"liYes,I know .r t what I want to do."And Mr.Murphy,he was trying to tell him what he wanted to do,but he didn't get it out because Mr.Murphy Who did? the bank. there? No.We never went back after that. In fact,Mr.Murphy We went to Jess Costa in Bentleyvill~. Who did you go to? Yes,we did. Did you go to another lawyer's .'office? Didyou go back to Mr.Murphy's office after you picked up the lea~e? Mr.Murphy did,but we didn't go up that day.We went back home. Well,he said the bank was open"and Rocco says "No."And he Yes"about the savings in the bank. You're talking about a bank~Were other legal-matters discussed What did he'discuss with Mr.Murphy about that? even called the bank and said they was open. says"11Why don't you leave it in trust"for me?"And he even calle was saying,"Why don't you put it in trust for me?"And Rocco says,"Then what's gonna happen?Then you're g~mria go down ,the road like a big shot smoking a cigar.". 0( z0(>oJ>-III ZZIIIII. i0l-t,') Z J:III0( ~Q ..:20:I-1/1eii oJ A~u C:l ,Q.., :t..,.. N A iii0:IIII-0:0II.III 0: I-0::l0 Qu oJ 0( u AiL...0 e Q A Q A Q A Marie Selvoski 197 Q Who wanted to go there? , A Rocco wanted to go down there.:'In'fac(if I would have taken him.. anywhere"I'd have took him to you because you were.handling real estate for us.•r : •• A Yes. A Yes. to do."So he told him that the kids didn't come to see him that Q Of course"this is in Bentleyville? often and he says that he wanted to change it. you took him to Mr.Costa's office? , When was that that you took him there?Do you rememb~rAw.hen ~., out."And he said to him""Do you have any mor~wills?"And he says""That don't mean nothing."He says,,"I'll do what I want or the end of March"one of the'two days.. Q And when you were at Mr.Costa's office"was the will made out? there and he went in with Rocco and he said to Rocco"he says" "What do you want to do?"And he says""I want to make a will A Yes.Mr.Costa called us in because they have like a waiting room Q A It was"I think"the first part of April"April tat"I think it was" Q Do you live close to Bentleyville? e ~ Z0<.:i >-UI Z Z 1&1a. i0l-I'Z J:UI0<~ ..:u0:I-UI i5e.I ~~ 0:l., :t...,.. N iiill:1&1l-ll:00-1&1a: l-ll: :l0U .I 00( 0ii:lI.0 e Q \,Vereyou present at that time too? A Yes"I was sitting right there.And Mr.Costa asked him what he wanted to do.And he s.aid that he wanted to leave it to my children. 198MarieSelvO§.lfi,'::"==============1===== Q What did you say,if anything? A And I was really surprised.And I told him,I says,after he said "The only thing I'm going to leave them was a dollar."And he that and I says,"Rocco,"I says,"Don't you want to,leave anything •t k'"d ?"o your .1 S "And he said,"No."He refused.And he says, insisted on Mr.Costa putting that in the will.And I didn't know a thing about anything~, When Rocco stayed at your house ,did he ever get violent? No,he never did.He always--my daughter used to get up and make him coffee in the morning and he always watched T.V.and he went out on the porch and he sat;and helped me plant the garden and .he was yelling at me that I wasn't doing it right.And he'd walk down over to the garden by himself. Didhe ever,when you were arm nd him,for the time you lived wit~him.did he ever see spirits or anything? No,he never. Or ghosts? No.He never said anything to me about that. Knowing him all these years you knew him.what would you say? Do you have an opinion as to his mental condition,other than wher .he was sick in the hospital?How was he?What wa's his mental condition? A Well"I'm not no doctor.but he was never no different than he was before.He was the same to me. , ; ---------------------- .' Marie Selvoski .199 Q You're speaking of other than the times that he,was in the hospital ~,.'" in July there?.,: ...,' A Yes.July was the first time that he was acting funny,and I even used to call Sam up all the time and I'd tell him.how he was.And then Joe Lorenzo came up real often and lie used to go down and tel :!:z~>..I>-VI ZZIIIDo ZoI-~Qx VI«~A .:uii:...!!! Q ..I~~a:J.., :tI-,.. N iiiIl: IIIl-ll:o0-III Il: l-ll::JoU ..I«U~Qo A Sam,you know,different things.And I even called Joe Lorenzo to D . all the time because he wanted him to 'go down there and he was going this one tim e but he had to go to the.hos pital. Did Rocco ever expose himself while he was at your house?. No.In July when I had to change his clothes and that was,I mean he didn't expose himself,I had to change h~s clothes.And then he was catheterized in the hos pital and he pulled the catheter out in July.So I had to take him to the Erre rgenc;y Room up at the hospita I took him up there and brought him back home.An,d I called my neighbor where I live in Ontario,she's a nurs e up at the Washington Hospital.Her name is Mary Sue Dziak,and she said she would be glad to change it for me if I got permission fro'm Dr.Bonessi. Now did you ever discuss Rocco's condition with Violet? Yes.I always wrote her letters in the mail and told her how he w s and she would write back and tell me. Q She came in July 20,is tha t correct? A Yes. Q Did she stay at your house? A Yes.Well,when I first saw her she was up at hospital and I can't ------------------------------------------:----, Marie Selvoski remember if---yes,Sam and Beryl was up there then.And she came outside and Sam and Viola's husba~d were sitting there in the lobby and Beryl and her came down fro!?upstairs.And I said to her..;,"Where areyou going to stay at?"And she says,"In a 200 motel.'i And I says,"Why don't you come down my house for awhi e?" And she says""Okay.." Did they stay all night? Yes·.The last night they stayed all night and then their children stayed with us the night before.They stayed with us. Did you ever discuss with Violet about Rocco going to a nursing hor~e? She,in facti in JulYI when we went to the hospital,she went with n e to pick Rocco up.And I told her that Sam and Flo rence wanted to put him in a nursing home.And she says,s.'.';Asdgngsas my dad w nts to stay with you,"she says,"I'll not sign the papers·to put him in a home."And'then her husbandl when ~hey was ready to go homel her husband says,"Whenever you feel that you dodt want to take care of him,to let her know."Tha tis what was said. Did you ever exert any influence or coercion over Rocco? MR.ROSENBERG:That is obj ected to as calling for a conclusion which would be the result of this hearing. THE COURT: MR.BELL:. have,Your Honor. The obj ection is sustained.,0 That IS all the questions L j /"~4,•f ~, • Marie Selvoski 201 THE COURT: the lunch hour,so we will recess at this time until 1:15. R E C E S S At 1:15 P.M.the hearing resumed. Mrs.Selvoski,I believe you said you live in Ontario,Pa . And am I correct that in 1955 when your family 'moved .to the'farm YOou''cwl?re not married yet? You may proceed.THE COURT: Yes,Ido. <z~>-UlZ Z IIIII. io...ClZ ~CROSS EXAMINATION BY MR.ROSENBERG: <~ ..:Quit...!!!Aa oJ<~Qa:l... :t...,,.. N iii Aei'...II:2 Q III II:...II::lo U ~A uii:...o No,I wasn't. But,as a matter of fact,you only lived there about two years be~or e leaving.You got married and left. Yes.And then I stayed there a year off and on because we wasn't out on our own yet. Q But all togetherl off and on,weren't you only there ab'out two yearE or so? A Yes.But I was up there practically everyday. Q Over these next period of years,you saw,as you said,Rocco on different occasions? Marie Selvoski ------------------------- 202 A Yes.Everyt~me I was up there I saw him. Q And also you have testified that you saw Sam often there. A Well~the first time that I've seen any of his children was when he was in the Brownsville Hospital and I don't know the date;but then I did see Sam came up there more often than his wife. Q Now you were only a visitor yourself so you are not ~n a position to .~'~•I ~'i'.. know exactly how often Sa~saw him'or how'cios~he was'with'Sam A Well.I knew because my mother would tell m~,when they would be up. Q In other words,you are saying your mother wouJd tell.you everytin e? A No.but I was up there everyday. Q You yourself said that Rocco'was close tohis children.You testifie that he spoke highly of his children. A Yes.he talked.about them.But he wasn't real close until Sam was in that trouble.Then they were up there more often. Q And you said that he spoke highly of his other children? A He talked about them.yes~he'd say about Viola living on the farm and about Florence being able to fix hair. Q He was happy when Viola was going to come to visit him? A Yes.he was happy and he was waiting for them to come. Q In 1969.Rocco had bad relations with your parents. A Yes. Q A nd he evicted them.he sent them a notice? A Yes.I think it was in January. Q To get out of the farm? A Yes. Marie Selvoski 203 Q As a matter of fact,is it not true--- MR.BELL:Let her finish the answer the e. He was at Sam and Beryl's when this letter came,staying at their house. , Are you saying that becau8 e you are trying to'intimate that Sam and Beryl wanted your family out?Is that why you're saying that?. No.that isn't why. Did I askyou that?I didn't ask you where;I just wanted to know, did Rocco send a letter 'of eviction toyour parents in 1969? Yes. Now.Mrs:.Selvoski.isn't it a fact that your brother had an un- fortunate accident and was killed,I believe,in 1967? Yes.In August. And thereafter,on a number of occasions,did not your mother threaten to sue Rocco over the accident? Yes. And.as a matter of fact,isn't that the reason that Rocco evicted them in 1969? Well,I don't know the reason because they sent the letter.But then like I said.I,had called down Beryl's because I had my cows up there.and Rocco had already left..f ., Q WeB,wait.I didn't as'k you that.We will do better,just please answer what I ask you.Now are you telling me'that you did know Marie Selvoski ?oa that on occasions your mother did threaten to sue Rocco for the unfortunate death of your brother? Yes. I have anothe r answer to that. Yes. You were aware of it? The lat~er part of theTHECOURT: All right. Yes,she was supposed to,but·there's a reason why ~he didn't. Mrs.Selvoski,if I want to know the ~eason,.I will ask you:. Yes or no?Was your sister supposed to go and live with him? As a matter of fact,Rocco went back to the.farm ;expecting your Yes,she was supposed to go but--- And isn't it a fact that your sister"Frances Martos,originally We will',do better if you just answer the question.Is that not true? Now,Mrs.Selvoski,in January of 1969,Rocco went back to the answer is stricken as not responsive; Yes.But that didn't have nothing to do with me. Well,like I said--'- I ask that the last be stricken. farm,did he not? was supposed to go up there and live with him? She told you.All right? A Q e A ~Q 0(>..J~AzzIII~Qz0l-e) Z :rIII0( ~ .,:ua:QI-UIC ..J~ 0c~A :I:..,... NQ rtill:III l-ll: 00.III ll:A l-ll: .:J 8Q..J 0( gA...0 Q A Q A Q sister to come there and live with him. e ~z~>oJ>-enzz1&1Do i0~0z :ren~~ ..:uirl-ene0 oJ~ U 0::l., :t...,.. N uiII: 1&1~II:0lL1&1 II: ~II:::l0U oJ 0( uii:...0 .,. Marie Selvoski A Yes,lbRt she didn~t :gD.~ Q I understand.And isn't that the reason that he was back ther~by hims elf in January,perhaps into February of 1969? A Yes.That's why he went back. Q And thereafter,he then went back into the hospital in February of 1969 arid was there until March 3rd. A Yes. Q And you said you saw him some in the hosp'ital ? A And I went up the farm everyday or either called because there waE .no one up there. Q At.that time,did you want anything for your services? A No,I didn't.I never asked him for anything. Q You didn't'want anything!You were doing.tris out'·of th~,.go~dness· of your heart? A Yes.And I did it long before that for "fourteen years;l)-ot just then ••,+,."" Q And all the way through you didn't want.anything.here,:did'you? A No,I didn't. Q But when you got something,you took it. A I didn't take anything. 205 MR.BELL: Your Honor. . I object to that question, ·A -I didn't take anything.If I wanted to.borrow money off of him;I'd ask him for it but he wanted it back. Q --------c-----~_:_-----------______, Marie Selvoski were you notl that Sam thought because of his.physical conditionl that he should go into a resthome? A Rocco told me this and Sam did too.But he refused to go. Q Did you or did you not know it?You.knew thatl didn't you? 206 A Q A After he came to my hOlls e. Right.So you knew. After he came to my house. ., ...~'Ii._"•.:t.41 -~ Q ,'Now you also knew or did you know that the man.had been hospitali ed from February 15th'to March 3rd with arteriosclerotic heart disease and congestive hear't failure? A Yes.And I took him to the hos pital.I called the ambulance. Q In other wordsl you knew that the man had been in heart failure in the hos pital ? A Yes .. Q And I believe you saidl and I am only picking 'your testimonYI that on occasions in the hos pital he was confused .. A Oh,occasions he was because he didn't like the hospital.And he refus ed to go. Q And you realized,I would think,the seriousness of the illness that this man had? A Well,I'm not no doctor.I know he was sick.He had been sick off .and on for a long time. Q As a matter of fact,his condition cOntinu:ou.sly deteriorated from the latter part of ~68 until he died.Is that not so? --;------ '., Marie Selvoski 207 A Viola did not want to put him in there,becaus e she told me that she • A Q Q ~z~~>-IIIZ~A II. ioI-elZ :z:~Q 3 ..=u II: In Aii -'0( Uii::J., ~Q N viII:...l-II:~A... II: Ii:,. ::Jo U -' 0(Quii:lI.o A Yes"Jit did"and I took him to the doctor's all the time. Now you must have understood why Sam and the other sisters wanted to put him in a resthorne for care. wouldn't as long as he wanted to stay at my place • You are only saying this because of what your testifying occurred in July.You donIt know anything about Marc h. I'm saying what Viola told me in July,yes.She never signed no paper;none of them did.They didn't tell me if they did. When Rocco came with you,he was there all day,everyday with yo~, wasn't he? All except when I had to go (to't0wn or I'd take him to church or to the doctor's. And you talked with him and you undertook takirig over the care of this man,didn't you? I took care of himl yes.I took him to the doctor's but I didn't take care of his regular business. And you certainly talked with him about the fact that his children wanted to put "him into a nur~ing home. ,.t' He told me about it and he says,"They're not ,my boss."He says" "I'm my own boss." Q .And you agreed with Roc co that he shouldn't go to a nursing home, •-,,:.jio. didn't you? A It's his business if he wants to go or not. .-',<' Marie Selvoski .2!llL- '"Q A man this ill you thought/knew what was best for him,didn't you '; A No,I didn't think.He did it on his own. Q Jsn't it a matter of fact that repeatedly you and Rocco talked about \ the fact that his children were going to put him into a nursing home? A No,I did not. ~Qz. ~:i>-IIIZZIIIll. ioI-~A xIII ;Q Isn't it a fact that you told him not once,but many occasions and sometimes in front of witnesses that his children were no good because they were going to put him into a nurs ing home? I never said that and I never chased any of them out. Is nIt it a fact that in front of your own sister you told Rocco that I didn't ask him to come. Why didn't you let him go? My sister told me that. I never kept telling him that.He didn't like to be around strange '.,, J'-•. .. right in front of you~sister you told him that? Why didn't you let this sick man--- Rocco got real angry and he says,"They're not putting me where people.In fact,Florence even called Dr.Bonessi up in January and Well,'Sam was up there and he told me this,Sam did.And he said, My sister told me that her landlady had told her that Florence callE d. I dOJ).'t want to go." said if Dr.Bonessi could find him a place to stay in a private homE. his children were going to put him away in·'some kind of institution, .A nd you kept telling Rocco ab out this. ..:uii:I-IIICe,J ~ uc A':>., :z:I-r-C\I iiiII:IIIl-ll:0ll.III QIl: l-ll: :l0 Au ,.I ~ u ii:... 0 e .Q A Q A -Marie Selv'oski Q The man was ill;you knew this. A 'HeIS been sick off and on for a long time. 209 Q .Certainly,you didn't think you could.give h~m.as good ,care medicalll'f.,.~.. , I as could be given in the Washington Manor Nursing'Home? e ,A ~z-<>..J~QzzIIIll. i0t-oZ J: Ul-<~A Well,Dr.Bonessils nurse,she never said a thing about it and I called her and she said- --- Just a minute.Please answer the question.Did you think that you could give this man a,s good care as he could get in the Washing on Manor Nursing Home?Just answer it. I don't know.I never have been in a nursing home,to tell you the ~0ii:t-Ulei5 ..J~0i5::l.., :r:..,.. w iii 0:: IIIt-o::00-IIIa: t-o::::l0U ..J<Uii:u.0 e trutl;1. Q You didn't know? A No. Q So you kept him there at your house ? A Yes.Because he wanted to stay.And he wouldn't leave. Q As a matter of fact,you yourself testified that on one occasion he A Q And had you said,"Go ahead,Rocco,"'he would have go'ne,'wouldr It he? A Yes.I took him to the doctor's--- Q On that occasion he asked ·to go with his friend,Joe Lorenzo. A But he had a doctorls appointment. Q Will you answer the question? Marie Selvoski MR.BELL: the question. A I'm trying to answer the question: THE COURT: Iobject.Let her answer No"you are not answering 210 e· 0( z 0(>...J>-enzz 1&1Q, ;i 0l-e>Qz :z:en0( ~ ..:u AitI-en 0 ...J Q~u0:>.., %..,.. N iii lI: 1&1 l-ll:0Q, 1&1.1I:Al-ll::>0 Qu ...J 0( uii:...0 A Q the question.If you have further testimony to give with res pect to a certain matter,your counsel can take care of that.You can't volunteer that,to keep on talking here You anSwer the question that counsel asks you. Now on that occasion.if you had said to Rocco""Go ahead with Joe."he would have gone.wouldn't he? Yes.he would have. That's all I.asked you.Then he went back into the hospital a,gain; right after that,which would have been.I believe.what we have called here,the February-March admission,went in February 15th and got out March 3rd. Yes. No.It would have been the Apriladmis.sion.I'm sorry.April 15th to April 20th.Is that correct? Yes. Did you know that on the occetsion 6f that admission that the doctor found cerebral arteriosclerosis with chrcmic'b~ainsyndrome? A No"I didn't.In fact.I never even saw the 'papers fr.omthe doctor.•,A I didn't see any of them. Q You didn't know that this man had- - - .• A N01 I didn't. Marie Selvoski 211 Q I will ask you again.You didn't know tha t this man haEi hardening of the arteries of the head?Didn't know that? A e ~Q ~..>oJ>-III ZZ1&1~Az0l- .~QxIII~A .... 0 Qa:I-IIICeoJ A~ u C:>.., :t.."NQ lfiD:1&1I-D:0lL1&1 A..D: ~I-D::>0 Qu oJ~ U ii:II.0 e A No.Not until July when Dr.Berman had told me in the Emergency Room. You didn't know that this head condition was in addition to his arteriosclerotic heart disease? No.I'm not no doctor;I don't know nothing about that. But you undertook'to take care of him anyway.didn't you? I took care of him for a long time. .But you didn't know the conditions that the hos pital had diagnosed? No.He never mentioned.what was wrong with him,Rocco didn't. He wouldn't come out and tell you. As a nR tter of fact.wasn't he too ill to know what was wrong with him? In July he was real pale.Dr.Bonessi--- As a matter of fact.wasn't the man too ill to be able to say what· was wrong with p.im?,. He would tell me or he'd tell the doctor and t~e.,~.octor would say to him,"Do you want to go to the hos pital ?:'And'if he felt like going,he'd go;if he didn't,he wouldn't go;he refus~d. ~\. Q In other words,Rocco,as sick as h'e was.and the way yOu.<...q.·J::;e stating it,and I don't mean to misquote you.had the right to say whatever w8;s best for him.This is what you are telling us. A Q ~A <C>....>-enzz1&1~Qz0I-~A:rIII<C~Q t-=uitI-III C..... <C Uc~A x .I-....NQ ui0:~A0: 0a..1&1 II:QI-0::J0 U .J <CUii:II.0 A Q A Q .Mrlr;p ~plvoski Even though you realize how sick he was.Is that what you want us to believe? I don't really·understandhow you're saying it. If Rocco had said that he wanted to do strenuous physical exercise, would this have been all right because he said he wanted to do·it? He did everything on his own.He helped me in the garden.I didn't tell him. Would you answer my question? What do you mean?I still don't--- If Rocco had said he wanted tb do strenuous physical exercise,... would you have said this is fine just because Rocc,o i?aId he wanted to do it? No,I wouldn't say that. The man was weCl:k,I believe you testified. Yes,he was weak,especially in July he was very weak. Going back---and I'm reading your own testimony---you said that between March 3rd and April 15th,and I am reading wha t you saic , he.had trouble breathing. Yes.Becaus e he told me that. Well,you could see it,couldn't you? Up at the farm ..I didn't know it until he told me. When this man,in March,had congestive heart failure,and actual y before that in February,and you say you visited him in the hospita , 212 you could certainly see that,couldn't you?~------n------:;----_---::'_----':~-_"":-------------~~-----I Marie Splvoski 213 A Well~I'm not the doctor.I mean he didn't have oxygen every~ime " Q I wert in there.He didnIt have it..".,. He did on occasions,didn't he'? ,-".' .'.A Just wl,1en he got real nervous and upset because he says~"I want-,., to go home.f1 He says""I don't like to be 1.~'the hospital.'" :!:z~>oJ>-IIIZZ1&1II, i0I- eIZ :r:III~~ .,:u ii:I-IIIaeoJ< 0a :l., :tI-,... N iiiII:1&1l-II:0II.IIIII: l-II: :l0U oJ<u ii:I&.0 I ~,,..~, ,~1 ;, Q _And thereafter~whenhe got out of the hos.pital~Hm direCting 'you bar-k to March~he got out March 3rd,he lived with you,this is a man that I think you said believed in s piritu.alism? A Yes. Q In other words~even in his earlier days before he got the lung condition and soforth he believed in the s'upernatural~didn't he? A You mean---that's spiritualism? Q Yes." A Yes. Q He had the kind of a mind that would go along with the idea of predicting the future through spiritualistic methods. A And he had a lot of people come up to him.Joe Lorenzo is one of them.He Wways talked to me about--- Q Your Honor~I would ask that you direct the witness to answer the question and.not to volunteer these additions. THE COURT:We have done so. Q Now do you recall Joe Lorenzo coming to your horne and askirig",' to take Rocco on one occasion? A Yes"I do.Not on one;on more than one. Marie Selvoski 214 Q And isnIt it a fact that you said to Joe Lorenzo~as he testified on this stand under oath~"No~you just want to take him to get his money?" A I never told him that.I told him he was jealous because Rocco 'cam~ to my place. i,' You told Joe--- Yes.That's what he said.He accused me--- Were you--- From aliout March to August,March 3rd or Yes. period.'Isn't it? so till August 5th. No.I took ca!re of him since my mcHhe'r and da'd lived,up the farm You only took care of him for,five months. And the whole time that Rocco lived with you is only a five-month "Don't bother her.She don It a~k me for nothing." Because Joe said I'm after his money.That's what he told me. "You ask Rocco if I want'any of his money."And Rocco says, And I told him---excuse me---and I told him,I says~"Joe~"I saic, Joe accused you of being after his money? ~Qz 0(>oJ>-AIIIZ ZI&lII.Qi0I-Cl Az :tIII0(~Q ..=u lI:AI-III i5..~ui5:J... :tl-I' N Q iiilI: I&l l-ll:0II.1&1. I!: l-ll::J0 Au oJ0( u Qii:&I.0 A He always came to me to take him everywher'e. Q He was friendly with your sister and he was Jrie.ri(hy·.w.~tha lot of people.,. A Yes,he was,but she wouldn't take him,very seldom. Q You are not going to say you were as friendly with him as Joe A Marie Selvoski Lorenzo was over the years or Mrs.D'Andrea? They were both real friendly with him. 215 Q You didn't regularly take him to your.lhorne over the years before you finally took him in 1969. Yes.I did.He came down to my ho~,se a lot of times. He might come for a visit.but you didn't keep him for a week at a time and things. Joe Lorenzo took him because of this ... Will you answer my question?Did you or did you not keep him for a week at a time and soforth ? Not for a week at a time.no.But I took him where ever he wanted to go. Are you saying that you didn't undertake to take care of his affairs '; No.I didn't. For instance.who cas hed his checks? He did. You took them.", He signed it and walked in the bank and got it cashed.Only the last one.and I took it back to the Social Security 'Board,because' I didn't ask him to sign it.He did these on his ~~n·. "~--And on Workmen's Compensation"you are'the one that took him there and stayed with him so you could get his Workmen's Compo ': A Which one is that? Q Workmen's Comp.•,silicosis. Marie Selvoski I took him because he argued with me. I didn't ask you why.Did you take him? Yes;because he asked me to. When the mail would come to the hOllS e for him,,you wo uld get his mail? When he lived at the farm.Then he changed his mail and it was coming to my house. Right.It came to your house and you didn't expect this man to do the ordinary things thatyou could do for him,did you? ....".~ He couldn't read and he always got me or my mot~er to'read his '. mail all the time.' And you read his mail,didn't you? To him,yes,I did. You Lcolleeted the rent on the farm for him'? Yes,I collected the rent because he could~onlywrite his name and he told me ,to write out the receipt for the man at the farm. 216 And besides that,Rosco had money,as your husband-:---strike that. Rocco had money and you and your husband used to take some of the money and say you'd put it back. No.I asked him;and I never took money without asking him.And he says as long as I give it back to him. Q You always asked him before you took something? A No,I didn't just take it;I always asked him. Q Did you ask him to transfer the bank account into your name? .. On that occasionl you 'didn't -ask him.He just did it?,0, A Q No~I didn't. Marie Selvoski MR.BELL: o • Your HonorI I obj ect..I . j 217 think that 1s ir'relevant right here; •'.~40 -'It./t MR.ROSENBERG:Your Honor~-r think it's , relevant on the question of credibility. THE COURT:Only to the extent that we have inquired about it thus far.W.e won't go any further into th~t.That is a separate issue .. Now you testified that Rocco said that he had a will. Yes. You knew--- At--- Now just answer the question.Did you know that Rocco had a will ? At Mr.Murphy's.I knew he had it becaus e he told me. And you also knew~I would take it.that under this willI he had given everything to his children? Yes.They read it right in front of me;he said for me to be there. So you knew that~didnIt you? Yes l I did. You knew that in 1967 this man had drawn a willI giving everythin§ to his children? A I didn't know when it was drawn.I did not.not until we went to Mr.Murphy's office. -------------------------------, I Q I A Q Ae·Q ~z~>..I'>-AIIIZZ1&1Go .i0I- Clz QJ:III~~A ....uii:QI-IIIeCi ..I~ U 0.:1 A., :to ,.."N Qt iiiIl:1&1l-ll:0D-1&1II:Al-ll: :I0u Q..I~u I ii:A...0 e Q A I I At Mr.Murph:y's office,which was in March,you knew then? " Yes,I did. .A nd you knew that this will had been drawn in 1967? Yes,at Mr.Murphy's office. Andyou testified that he had discussed his children with you and talked real nice abo ut them? The people he knew,he talked about them.But he was disappointed because---- Now did I ask you that? I'm sorry". .Isn't it a fact that he had discussed his children with you and talked real nice about them? , Yes,he talked about his childrEn. And you testified that in May,Viola had called and said she would come and visit. Yes. And then later she had told him that she couldn't. Yes.He told me• He was pleased,wasn't he,to think she was coping? He kept waiting on her to'come,but she ne~er did tin July.:·But I called her for him because he asked me to.,I called,her on the, telephone for Rocco.' ?lR Q Because he asked you to? A Yes.He wanted to talk to Viola. M:::I rip ~p 1un!':ki He wanted to talk to her? Yes. As late as May,he wanted to talk to her,didn't he? July. As late as July,he wanted to talk to her . In July is when I called. So he had a good feeling toward Viola as late as July,didn't he? Yes.He didn't forget his kids. He had good feelings for his other children,didn 'the? ')10 MR.BELL:Objection,Your'Honor. I don't know if she knows what his feeling was. THE COURT:The objection is overruled. And we instruct the witness to answer only the question that counsel asks. So he did have a good feeling toward Viola,dIdn't he,as late as July? Yes'. Did I understand that you took Rocco to Attorney'Murphy's office? Yes,I did. And you went right inside the room with himi' Yes. 'And on that first occasion,Rocco wanted some kind of a lease, didn't he? A Yes. ., Marie Selvoski 220 Q A Q A e Q ~z0(>oJ~AzZIII~Qz0I-~A:z:UI0(~Q .,:uii:I-UIei5 oJ A0( ui5 :J.., :z:I-,.. "Q iii0:III AI-0:0 "n.III0::QI-0:: :J0 Au oJ0( u Qii:l&. 0 e A Q A Q A Q Do you know what he leased that 200 acre fa;J;lm for?. Yes.I was right there. How much? He told me.$50.00 he wanted tD pay. In other words,he leased the 200 acre farm at that time for $50.00 a month? Yes.He told Mr.Murphy he didn't want to hook the poor people. On that occasion~he reserved two rooms,didn't he?' Yes. And shortly thereafter,you gave those two rooms to your brotre r and sister-in-law. No~I didn't.They came down and he told.them that they were welc ~me to move up there on his side. Rocco did it?You didn It do it,did you? No,I didn't. But it was your brother and sister-in-law? That don't make no difference;it aould have been anybody. When is it you saw Murphy the first time? Around the third week of March., As a matter of fact,it was March 12,wasnIt it? I'm not really sure.I said in March sometime. Rocco said something about changing his will? Yes. e· ~z~>oJ>-UIZ· Z 1&1II. i0I-~Z xUI~~ .:2ll:l-UICieoJ< UCi ::l.., :tI-,... N vill:1&1 l-ll:0II.IIIa: l-ll: ::l0U oJ<u ii:...0 e Marie Selvoski A Yes,I did know. Q You knew that was Rocco's lawyer? A Yes. Q Isn't it a fact that Mr.Murphy,ROCCO'S lawyer,s~id,why don't _,y ou---the first time he said to .think about it and let him know. A And he did.He went home.And then he came back a week later. Q Did I ask that?Is it not a fact that the first time Mr.Murphy said to Rocco,"Go home and think about it and tell me whatyou want to do?" A Yes,he did the first time,yes. Q Now the second time thatyou came there was ~the end of March, wasn't it? A Yes. Q .As a matter of fact,it was March 28th. A I think it was.I know it was the end of March. Q And Rocco said something about the will. A Yes.And'do you want me to tell you w~at happEmed? Q No.I will ask you.And on that occasion,you testified here that Rocco didn't get it out,were your words. " A Because Mr.'Murphy wouldn't let him say what he wanted to dC?, that's why. Q Mr.Murphy wouldn't let him say what he wanted to do? A No,he didn't. Q Because,as you testified,and I don't mean to misquote you,Mr. 221 Marie Selvoski 222 Murphy said,"Why don't.you put it in trust for me,"or words to that effect? " And with full knowledge of this,you took Rocco some three days You are aware that Mr.Murphy is a member of the Washington Mr.Murphy even called the bank and told Rocco it was open.and r \ years? No~he didn't. Mr.Murphy didn't see Rocco~did he?. County Bar for 30,40 years? I don't know.All I know---' dumb or something?"That's what Rocco told me. but you did know Mr.Murphy had been Rocco's lc~wyer for many.. him for the lease and we left.He says,"What's he think I am, he says,"No."He says~"I m not going.up there."So he paid You did know also,didn't you,that,I believe this may be r'epetiti01 s, That's right.And in fact-- Go ahead. That's right. So Mr.Murphy didn't give'this man a chance to get it out?. .Yes,I did. A Q e A <Qz<>~>AIII Z Z1&1ll. i0I-0Z :rIII<~ ..=!:!Qa:I-III0e~A~!:!c Q::l.., :I,I-,... C\I iiia:1&1 AI-a:0ll. I III Qa: I-a:::l I 0u ~< uii:10.0 Ae Q later and you personally took him,I believeyou testified. A Because he asked me to. Q You did everything Rocco would ask you to do,didn't you? A Even at the farm when he lived there,yes,I did. Marie Selvoski 223 ..:uii:..III CeoJ0( U0 :l.., :rI-,... N !Iia:11/..a:0ll.11/a:..a::l00 oJ 0( u ii:lL.0 e Whatever he would say,this sick man would tell you to do,you wou d do.Wouldn'tyou ? He wasn't always real sick. So you're saying that Rocco told you ,to go to Costa's office in Bentleyville? Yes,he did. And you had never seen Costa before? N01 I've never saw him; Your lawyer had been John Bell ? " .Yes.He took care of some real estate for us,that's all.'. Q And you were aware'when you went to,Cost~'s office on th~31st of March.were you not,that John Bell was an Assistant District Attorney assoCiated with Mr.Costa? A I did not know until later. Q Well,you later found that out? A Yes.later on.but I didn't know it at the time. Q Now everything that occurred about drawing this will happened thi~ one evening.March 31st? A Yes. Q And you were present all the time? A Yesl I was·there. Q Didn't you think maybe it was improper that you wou1d go into the room with Rocco when he was telling the attorney what he wanted to do? >" Marie Selvoski ,', ",' 224 A Well,Mr.Murphy,in fact,said,':Do you want this woman to be I he re?"And h~said,"Leave her there." ,..'iI.."-J Q So you're telling us thatyou not only sia:y~d when he talked to Mr. Murphy,but stayed when he talked to.Mr.Costa because Rocco said to do it ? I took him because he couldn't drive. affairs? I didn't think about it. That isn't the question. thatyou went to some strange I didn't take care of everything.He did it on his own. Didn't you,in your own mind,wonder about the fitness and mental says,"I'm not dumb.II· He wanted to go the re because of what Mr.Murphy had said.He ability of this man at that time to be taking care of his personal Didn't it bother you that three days after you'had been to his own Didn'tyou question in your own mind the propriety -of you being .the e attorney to draw a will? attorney's office,that is Rocco's, I would have left if they asked me to,yes,I..would have. when he was going to draw this will ? :::Az 0(>.J>-QUIzZ IIIa. i0I-Cl Az ·xUI0(~Q ~uii:I-UI C.-.J~ UC ::l A., :I:......N iiilI:III Ql-ll:0a.IIIlI: l-ll: ::l0U .J0( u Aii:I&-0 Q A THE COURT:If the witness will wait until counsel finishes his question,you will know the purport of the question.But if you start interrupting him when he is halfway through,you can't give an adequate answe IMarie Selvoski 225 to'his ques tion. A Okay.I'm sorry. Q I am going to ask her to please go'back a couple ques tims and pleasE readthe question to~·her. (Stenographer reads back last question). ~Q ~.I>-VIZZ1&1II. io~~A x VI~~ I'd like.her to give a responsive answer.Please read it to her again so she can,the question you just read. (Stenographer reads back last question). I don't know what you mean by his personal affairs.I didn't take care of them for him. You pay strict attention to That is not the question. THE COURT: THE COURT: the question and it will be easy to understand.The quest on I don't understand the question. ..:uitIiio .I A0( !:!c :J.., J:0-r-(II iii0:1&1~0:oII.IIIa:: ~0: :JoU .I0( u ii: lI.o starts out,didn It you wonder in your own'mmd about thiE . matter.It isn't what he was doing or when he was doing , it or how he was doing it.The questiop is did you wonder in your own mind about the fitness of'this . ." individual to do wh at he did. A No,I didn't. THE COURT:That's the answer.If you pay strict attention to these questions,you can answer them.But you have to wait until counsel finishes his question before you can answer. Marie Selvoski Q And I believe that you said you were present in Mr.Costa's office when the w ill was drawn. 226 A Q e i ~A ~> I ..J~QzzIdII. i0I-'0 Z x'U)~~A ~u ii:Q..UIec ..J A~ ~0:l Q... xl-I'- N uilI: Idl-ll:0II. IdIt A.. lI::l0 Qu ..J< uii:AII.0 e .Q, A Q " Yes~I was. Arid you stated,I believe,that you hadn't discussed this with Rocco before. No~I didn't.I didn't know a thing about it. You are the one that took him to the lawyer and he was living at your house,but you are telling us here 'that you didn't know a thing about it? No,I did not. You and your husband never discussed '.wlrH'!URo:c:cD was going to do No.He never talked about things like that. Rocco,in his condition,wouldn't even tell you and your husband living right in your house 24 hours a day,what he was going to go in there and do ? No,he did not. It was all a big secret,wasn't it? He didn't say anything.It was. And the attorney that drew the will saw Rocco for the first and,f·;.., only time that evening? He didn't know him. Didn't know:hirp,did he? A But he talked to him there. Q Talked to him there for just a little while that it takes.r----r~---=...::.::.:.:..::....::.:...=::.:~.:..:...::.::.:...::::.:...::~=-.:==-..:.=-=-:==.:---L-, ========#=============M=a::lr~:l!::'e::::::::S,e:!::l.=:::vco~Rka:::i===============::j:::'.)'7 About 15,20 minutes. Q Q Fifteen,Twenty minutes,then he drew a ,will,didn't he? Yes. That's the only 15 and 20 minutes thathe knew Rocco Botton as of V;hen he drew that will ? That's all he knew him. 4 " And do you know who the witnesses were on the will ? Yes.I was there. Did y0J.1j s'ee Rocco sign? Yes,they did. Who was present when he signed? ,r ,•,,,,. I was there,Jess Costa,Willie Stankovich and Rocco. Who is Willie Stankovich? He's a cop from Bentleyville. A cop? Yes. Did he know Rocco? He knew him from the farm,that he lived on the farm.But he didn't know him personally. Didn't know him personally,did he? No. How did he happen to come in there? Well,he was in the office in the other side.I don't know why thou h. M::l-rip ~plvoski ??R While Rocco signed it,yes. Yes.I don't know why. Not personally,no.He knew Rocco though. He didn't know Rocco personally at the time? The objection to that questio 11 I obje.ct to this,Your Honor.MR.BELL: THE COURT: is sustained. No.He don't talk about his personal things like that. No,i didn't,because he said,"Don't tell nobody nothing." Did you tell Rocco's children after the will was drawn that their He didn't know me,no. Just because Rocco said,"Don't tell nobody nothing,"you never I don't think this witness can testify to tha t. You are not saying here that that witness would know anything abou You knew,as you saw those children and you saw everyone of Mr.Costa just called him in and said,"Witnes's this will.II said a word,did you? And Stankovich didn't particularly know you at the time,did he? father had cnanged his will and taken the farm away from them?, the competence of Rocco at the time of·the signing? . He was out in the waiting room or some other room,wasn't he?Q A Q A Q <Az 0<>..I~QUIz Z IIIII, i0t-oZ XUI0<~ .:uii:t-UI Q ..I0< 0Q :J Q., %l-I'-(II A uiIl: IIIt-QIl:0II, III Il: t-Il::J 0 0 A..I0< 0ii:Ql&.o. 'e A Q them'after March 31st that their·father had taken away the farm .from them,you never said a word.Did you? A No,I didn't.In fact,when Florence was there I told Rocco----••>~ Marie Selvoski ??Q ',Q And,as a matter of fact,let's talk about Florence.When Florence Ii was there you and Florence talked about youy father's---I'm sorry about her father's affairs. A Who was this? e < Z 0<>oJ ~IIIZZ1&1D.. i0l-t'z. :rIII0<~ .:uii: I-III CeoJ0< ~Q ::>... :z:I-....('I Q I'm sorry.Viola.When Viola was there,you and Viola talked some about~-- A Not very much.Just about him renting the farm. Q Isn't it a fact that as Viola has testified here this morning,that ShE asked you about what you were going to be paid for taking care of her father;:or words to that effect,you know,that general conversation? A I told her he didn't offer me anything and he didn't. Q And you said that you didn't want anything,didn't you? A I didn't ask him for anything is right. iii0:~QoD.. III0: I-0:::>oo oJ0<gA lI.o Q A And yet,as you were s,aying thc~.t~nd carryingon the conversation you knew that already a will had been drawn conveying that farm. ,Didr:'t you? Yes,I knew,but it wasn't my idea. Y,ou justify it by the fact that it wasn't your idea? No,it wasn't. Q What would have been wrong with you telling the children that this will had been drawn,taking the farm away from them?Why didn't you do that? A Because he said not to tell ~obody nothing,and I didn't. 1\ff.....,.;~<::::plvoski Q;:And it would have been better for you not to tell either because--- A I'm not going to go against when somebody tells me to keep a secre , you're suppos ed to keep a secret. You believe that just because somebody tells you somethingz wheth ~r they are sick or ill or aged or infirmed or may not know what is best for them,if they tell you to do it,you must do it.Is that correct? That's right. And weren't you afraid in your own mind that ifyou told them the truth that you had taken this man and he drew anpther will taking -the farm away from them,that they easily enough could have had him draw a new will bringing it right back to them?Weren't you afraid of that? No,I wasn't.In fact,when Florence'c;~e to·J:I?y h~use·about that fight,I asked Rocco,I says,"Rocco,doyou want to go with your daughter?"I says,"I'll pack your things la'nd .you can leave.,; •~:t And he would not leave.And she was pulliqg'on him.;,;" Read her the question please.I don't want to take.advantage of her (Stenographer reads back last question). No,I wasn't. You didn't think that in Rocco"s state,almost any,body who was friendly with him at the moment could have had him draw a will? A No. Q You weren't afraid of that? A No~I wasn't. Q Now.,as a ITa tter of fact,a day or two afte!'you took him to Mr. Costa's office~you personally took Rocc?Botton to the bank.Didn t you? A Yes#I did. /--- I don't think we should go into this: the fact that I know there's a separate issue.But# Yes#because he asked me to. and credibility#I think that it is relevant to show. ..., We will permit you to show Objection~Your Honor. THE COURT: Well,you took him to the Mellon Bank in Washington,Pennsylvanic: where she went,but not what :theySdid. Your Honor#to the extent that this affects undue influenc::> MR.ROSENBERG:If the Court please,"'!believ" that this does have---I don't want to take aavantage of a day or two after this new will was drawn.- MR.BELL: ,And you knew at that tirile---, lti0:IIII-0:oII.III~Q 0::>oo .J-< U~Ao ..:uii:Iiic... ~ oC:>... :tI-"N ~Q ~~>-VIZZIIIII. iol-e>z :J:VI~~ Q May I ask this:you knew.,did you not#or did you#that at that time thatyou took him#he had a bank account in that bank? A Only from when we went to Mr.Murphy's office,that's all. Q Well.that's when you first learned about it. A Yes.Because he read 'the will off in front of me. Q What's the will have to do with the money in the bank ? A I Q A•Q I ~z0(>-;AIIIz I zIII a..Qz0I-"Z XIII 0( ~ to:'2Aa:I-IIIe~Q0(u Ci :l "'l X..,.. N uia:~AlI:0a.~Q l-ll: :lSA oJ0( u Qii:lL0 e A Q A Q ,Ii '1\tr.~plVOR ki" .I He said everything on there because Mr.Murphy,called,at the bank andhe said to put the savings in t:J;ust for me.'That's how I knew. When you say me,you mean Mr.Murphy? Yes. You just said that when you went to,Costa's office you hadn't dis- cussed Rocco's affairs,ha;d you? After Rocco told him what he wanted to do,then he told me. Now---strike that.You just testified on this stand when I asked yO.1 whether you had discussed with Mr.Rocco Botton what he was gain! to do at Costa's office,you said,"We hadn't discussed that." No,we didn't. And yet you personally were with him in Murphy's office and heard the reading of the prio'r will and the discussion about the bank accOl nt. You knew these things. A t Murphy's office,yes,I did. So you did know about his affairs before you went to Costa's office Yes. A nd you took h~m to Costa 's office? Yes,I did. And you took him to the bank two days later? .Yes. Now,if the Court please,I would like to make an offer because I f~el it should be a part of the record.The Court has indicated its general ruling.I propose to offer to show at this time in this case Marie Selvoski f ~433 that this witness took the decedent,Rocco Botton,to the Mellon .- Bank approximately two days after the will was changed,and thereOn, Rocco Botton changed his bank account of approximately $23,000, which was in the name of Rocco Botton and Flore·nce Lerum,his daughter,to Rocco Botton in Trust for Marie Selvoski.I believe, ,. Yes. Do you want me to tell what happened? you took Rocco to the Mellon Bank ? ,'. ..' The objection is overruled. We object,Your Honor.IMR.BELL: THE COURT: at the bank. the detailed procedure for bringing about any change Your Honor..that it is ~elevant.on undue infiuertce,giving the We will permit tl:e testimony as to what happened at the Well,he went,in there,he went to the girl..and he says he wants show any undue influence,naris it relevant to that issue. what he stated here,her taking himto the bank,it doesn It don It think that again has any relevancy:And other than bank generally.But we will not permit testimony as to,;.., All right.Within His Honor's ruling,what occurred generally whe total picture of what occurred here. :!:z~>.J>1/1Z Z1&1lL i 0~ClZ :t1/1~~ ..=u II:~1/10 .J~~C::l-. %......N iiiII: 1&1~II:0lL 1&1 II: ~II:::l 0 Qu .J~ uii:lI.0 A Q A to get this one name taken off of his bank book.So the girl where the counter is says.."You go over there and tell one of the girls at the desk."So he told her that he wanted to take the name off. Marie Selvoski And the girl went to see another man there.And the man came and says,"Do you know you cah't take that name off there without her being here?"He says,"I'll do what I want with my money."He says,"If you don It take it off,I '11 take the money with me.'f So then she went to Mr.Miller and Mr.Miller had knew Rocco ana he ,Yes,I was there,because he didn't have no way of going. And there was another name then put on in place of -Florence Lerur.~, And in order for you to testify as you have just dope,you were wit! <z<> ··f";·..J>-QUlzZIIIII. i 0I-0 Az XIII<~Q ..:u 0::I-III Q ..J A<UQ ::l Q., :I:,I..,,... N A iii0:: III QI-0::0II.1&1 0::AI-0:: ::l0 Qu ..J ~u Aii:...0 Q A Q A Q ~A said it was okay. him and you heard everything,didn't:y.:0.u;? Yes,I reard everything. wasn It there? Yes . Ahd that was your name., Yes.And I didn't ask him to do it. You didn't ask hiJTI"but he did it. He did it without me knowing. You were there when he did it. And you knew it when he did it,didn't you? I knew about the savings? Yes. Yes,I knew about it. You knew that he put yourname there. Yes,because he told them to. ,, Marie Selvoski 235 ,Q Did you know there was $23,000.00--- MR.BELL:Your Honor,I obj ect to this. This is getting to another issue. THE COURT:The objection is sus taiI}ed. Q . Just wondering,thereafter,i£...you told the children about doing·thiE: t ~•.,..~~,.'_,~~ '.5.,Az0(:; >-cozZIII lI. Zol-I'Z :I:co ;Q Florence already had knew because Mr.Mtller had told me that sh /' called to the bank and Wanted to know about'Rocco's account.And she already knew about it.Mr.Miller told me this after Rocco ha died. That is objected to~first of all,and asked to be stricken as hearsa~. But.Your Honor---I'll pu.rsue it a little biL Are you telling us--- MR.BELL: the question. Your Honor.counsel asked in this Court under oath that Florence already knew? bank and did the things you have testified to,you are telling us are you saying that as of the time that you and Rocco went into the She knew in about May because when I went up to get the account :I:I-~.I want to get clear here'and I donIt want to take advant age of you~ iiill:IIIl-ll:oII.IIIll: l-ll: ::IoU .J0( uii:A II.o changed,Mr.Miller told us that she had called and wanted to kno~ about it. Q Just a minute.Now this account was changed on or about April 1st A Yes. Q And let's get clear.first of all.you personally never told any of the children when it happened? Marie Selvoski .236 A No~I didn't. Q 'And even later when Viola saw you at your home and you discussed the affairs and she talked about how much per day you were going to get,you ne~er told her then?Did you tell her? A No. Florence had called. Yes. No~I didn't. The latter part of the answerTHECOURT: is stricken from the record. Why did you see Lester Miller in May? I didn't see him in May.I saw him in August.He told me that Why did you see--:-are you speaking of Lester Miller? Yes,I did.And Florence knew it too. All right.Now~Your Honor,I ask,first of all,that that last be And you knew that your name had b~en put on there,didn't you? stricken. You never told any of the other children? ~o ii:l-ll! i5 .J~oi5:J.., %1-,...NQ iii0:~A0:oll. 11/ •0:Q I-0: :J 8 A .J0( uii:II.o Q Just a minute. ..MR.BELL:Your HOI)or,I object to all this.We are going into a side issue here that is not relevant. ,THE COURT:I think the objection will -be sustained.We are not interested in why she saw Mr. Q Marie Selvoski Miller in May. If the Court please,I ask that that hearsay testimony of what Mr. Lester Miller may have said of what Florence Lerum knew be stricken,expunged from the record and not be considered. 237 THE COURT:It is stricken from the recor . But counsel should not p:u,rsue the matter so that hearsa" testimony might be placed in the record. Q You mentioned in the record here that on one occasion Sam and Rocco had argued. A Yes,I did. Q And there was something about horses. A Yes. Q And.then you testified,nowever,that Sam himself came back and I ' did visit with his father thereafter. A Yes.Because he said he doesn't stay angry.·That's what he told m~. Q So t~at he doesn't stay angry,he didn't stay angry at his children very long,did he? A Wbo didn't? Q Rocco. A No.He was glad to see them.He even asked me to call. Q A And in May---no,in June and July and August he was friendly with his children,wasn't he? July he was real sick.That's the only time they came.The only one'that came was Joe Lorenzo and Sam and Joe Lorenzo came me re I I Q A I Q e A " ~QZ~>~AIII I zZIII~Qz0l-e>z :rIII~A:= Marie Selvos ki often. Florence was there in July. In July he was real sick. " Was Florence there in July? Yes. And.Viola was there in July. In July.yes. And Sa,m and Beryl"on occasions from March till July or August, saw him. Beryl never came until I called her on the telephone. What about Sam?Sam saw him from time to time. Sam came the first time on Easter Day;then the next time he came~".,f i , maybe it was either once or twice in May.Il'm not sure because 238 I didnIt mark it down." As a matter of fact,you do not deny,do you"'that when Florence came there she tried to take her father bodily away from that hous E ? Yes.But he refused to go. I repeat the question.Did Florence bodily try to take her father away fromyour house? Yes. And for whatever reason it be,you and your husband restrained hUn from going. A No. Q Isn't it a fad t tha t your:husband stood there and 'would not let A Q A Q ~Az 0(>gQ zz1&1II. ioI-~Z :cIII;A ..:~Q Iii~A ~o §Q '"l %I-~A Marie ~elvoski her take him? No.He did not do that. ,He just said,"If you want to take him,take him J'I That's right.And I told her the same thing. Oh,you just both stood back? But he wouldn't go. As a matter of fact,the man was so sick and weak then in July that with no difficulty Florence and Beryl who was with her could easily have taken him if you and your husband hadn't restrained hin He wouldn't go.No,we didn't do that. That's the occasion when you slapped Florence in the face. Yes,I did,because she says I'm like that Bit c h up the farm. ••.~....t ..- Did you or did yoy not slap Florence in the face?· Yes,I did because of a reas on. 239 iiia:1&1ItoII.1&1a: I-a::>SA .J0(o ii:...o THE COURT: reason. 11m sorry. THE COURT: We don't need"to know the That is your proper testimOl y. Q If you want to put that in,ll your attorney can ask you abou it later. That's all. I, Marie Selvoski '1Af"l "':',REDIRECT EXAMINATION BY MR.BELL: Q I don't know if we have this on direct,but I will go over it again. When Joe Lorenzo asked Rocco to go with him,what month was tha ? A He's asked him bID.different occasions but Rocco said,"l can't go, Joe,because I'm weak.I can't do thatkiindof work.'.'Whatever ,- .. .' Yes. .l she said that she was l'afraid of ROCCO'S childrenBecause Because he had togo to the hospita!. Now why did your sister not move in at the farm? Now about your sister iiving at the farm and Rocco was going to move No,I didn't. Did you not keep him from going with Joe? Then when he came home'fpom the hos pital he came back to your Yes.Joe was there togethirp. Why didn't he go? Yes,it was.Dr.Bonessi would know because he'~had something Were you going to let him go with Joe? You said at one time you had the bags packed for Rocco to go. place.Is that correct ? they wanted to do,it was between them. up with her,what month was that? In January. with his gall bladder.He had bad stomach cramps. ~z«> gQzz1&1ll.A i0l-e>z :J:III ;Q ~~A I-IIIC.JQ« !:!c~A. ::tI-...NQ iiilI:1&1l-ll:0ll.~A l-ll: ::l 8Q ...I«~A ll. 0 e Q A Q A because she knew how they were.Now that's why she didn't move up Q Marie Selvoski « there.She didn't want no trouble. Rocco didn't move up either.I take it? I 241 A Q .... Rocco was there in,w~il.till he went to the hospital.Then he;cam ~ ,~;~.'4".~._ to my place. Now did Rocco ever expre.ss any disappointm"ent'in his children to ••"l'~.r •. you? A Yes. "MR.ROSENBERG: THE COURT: .., Objected to as repetition. The objection is overruled. Q A Q What did he say concerning his disappointment? He was disappointed because the ch.i~dren did not come and see him.That·was his only reason.And he th(;lUght that they were-- didn't think about'him then. Now Mr.Rosenberg asked you if you knew of Rocco's affairs at Mr.Murp!w's office,I believe. A Yes. Q And you said yes.By that.are you saying that you knew that he was going to give you the money and the pro perty then? A Q No.I didn't know a thing of what he was going to do.I knew of wha he did in the will.That's all. Did you,at any time.you or :your husband"restrain Rocco from going anywhere? A We never did;never. Q I have no more questions,Your Honor. Marie Selvoski RE-CROSS EXAMINATION BY MR.ROSENBERG: Q Just a couple questions.I understood you to say on this witness stand that y.vhen Joe Lorenzo asked to take Rocco you said he could,. not go.as you had'to check with Dr.Bonessi. A 0(Qz 0(>..J A>-UIZ ZIIIII.Qi0I-elZ :rUI0(A~ ..=u Qii:I-UIC ..J0( 0c A:l.., :I:..,... CII. iiill:III Ql-ll:0II.IIIll: l-ll::l0U ..J0( uiLla.0 A Q Yes.and--- Did you or did you not testify that? Yes.I said that. Now just a minute.We will do better if you just answer.You said that,didnI t you? Yes.I said that. When Mr.Bell just questioned you now you 'said."No.I never kept him from going." But then Joe Lorenzo came to the doctor's office to get him.I said after I took him to the doctor's. We will do better if we start again.Is?'t it a fact that you have testified.not once,but a couple times.that you would not let Rocco go with Joe Lorenzo because you said he had a doctor appoir t- ment? Yes.I said that. Isn't it a fact that you have testified that after Rocco saw Dr. Bonessi.he then had to go to the hospital? A Yes.but Joe Lorenzo--- Q I ask that that be stricken. A Yes. Marie Se"lvoski Q Is the answer yes? A Yes. Q So thatyou didl on that occasion when Joe"Lorenzo wanted to -take him~refu8 e to let him go? 243 A I didn't refuse.I told him he had a doctor's appointment. iQ ~>..I>-III ZZ1&1II. ZoI-eIZ J: III~~ I think that's all. (Witnes s excused). MR.BELL: THE COURT: I have no more questions. You are excused. DIRECT EXAMINATION BY MR.BELL: CHARLES SELVOSKI IS CALLED AND SWORN~ ..,:uit:...!!!c ..I~ Uo:J.., :>:..,.. C\I Q iiiII: 1&1Ii:AoII.1&1~Q II::Jo U A ..I~o~Qo Will you state your full ~ame ? Charles .Selvoskil Jr. Where do you livel Charles? Ontario . Are you married? " A Yes. Q To whom are you married? A ~Marie. Q And do you have any children? A Yesl three. Q Will you give their names and ages? Charles Selvoski 244 A Joycel ten;JeffreYI eight;Janetl seven. Q Are these three children the beneficiaries under the will of Rocco Botton,? •lJ \ A "Yesl they are. MR.ROSENBERG:I believe the record '~should show under the second will,1969.z~~~Q All right.And you also and your wife are the executors under the zzIII Do will. ioI-~A Yes. xIII ;Q Where are you employedl Mr.Selvoski? like that. Yes.I did all his,repairs,most of it. How long has that been? ,, ", No.Just out of the goodness of my heart.He was good to us. Was this under employment agreement you did it or---? Rocco had farm machinery? My mother-in-law lived up there and I helped him on the farm, And how long did y'ou take care of his farm machinery and farm? I'm still taking care of it,even up to today. Pittsburgh Testing Laborafoiies. How did you,become acquainted with him?' did all of his repairs for him,overhauling tractors and stuff How long haveyou known the deceasedl Rocco Botton? About 14 years. ..= !:!AlI:I-UI 0 Qe'.J~,2"c A:J., :c.."QN iii ffiAl-ll:0II.III lI: l-ll::J0U .J< u Qii:II.0 A Q A Q A Q A .I'll say fifteen years. Q What was your relations ~ith Rocco?Were Y\)U op 'friendly te.rJ;ns. with him? 124 !1 A Very good friends.t .! 0( z0(>oJ>Ul Z Z1&1II. i0t-elZ :z: Ul0( ~ ..,: 0itt-ell QeoJ0( § 0:l., XI-,... N iiill:1&1 t-ll:00.IIIll: t-ll::l0U oJ 0( ui.::l&.0 Q When he came to live with you on March 3r.d ~r August,what was 7 \•• your relationship with him at the hO,l;lse? A Very good.We got along very good. Q .Did he seem any different then than he had th~previous twelve or thirteen years thatyou had known him? A The same thing to me. Q A.nd how wo uld he treat your children? A Very good.Ever since he's the Godfatl;ter,even when they were bornhe looked after them • Q Did you ever charge him any rent or any board for living at your house in March or August? A Never charged him a penny.,;. Q Was that even discussed? A No,it never even entered my mind. Q Did you ever borrow any money off of Rocco while ,he lived at your house? A Off and on I would say in the neighborhood of maybe twenty,twenty- five dollars if I needed something,you know,in a hurry. Q Would you ask him or would you just take it? . A No.I would ask him or my wife would ask him. R ~. Q A Q iA 0( ~~z Z1&1II. io....M:rVI0( ~ iiill:1&1ti;Ao0..1&I ll:.... ll::JouQ.J 0( Uii:II.o A Q What would he do? He said~"Hel p yourself."He said,'fTake whatyou want.Put it back 'I He would ask you to put it b~ck though? Oh~yes. Didyou put it back? Yes. Now as far as Rocco's affairs,who took care of his_affairs;that is his business matters? You mean in what order? Well,his leasing or his Social Security checks or pension checks. He would take care of his own stuff,but my wife would supply him the wheels or the car to take him where he wanted to go. Did your wife take care of him onlyfrom March till August or do yOl have any know~edge if she took care of him pri or to that time? We kind of took him places ever since we knew him for the past fourteen~fifteen years . Now were you present at the time in July,I believe it was,July of '69.when Florence came to the house and wanted to take Rocco? Yes~I was sitting on the porch whenever she came up. Will you tell the Court what occurred? A Well,I was sitting on the porch,her'and Beryl got out of the car and she came on the porch and she got on her knees --- Q A Who did? Florence. ,, -And she said,"What are,tlfey doing to.<y<;>u?"And'he . Charles Selvoski 247 says,"I'm sick."And she says,"You better come with me.I'm gonna take you back to Indiana."He saYSI "I'm not going no place.' Then she grabbed him,dragging the chair and all,and he said he wasn't going.He wouldn't let loose and she jumped up and start d to shake her finger in my face. Yes. Whose face? Who were thos e friends or acquaintancesa,j"~ My face. ..",.,,',.i .. Did Rocco ever have any friends come and see him? No.He went where he wanted to go. MarchI '69 to his death,did you ever restrain,Rocco from going ", Joe Lorenzo came to see him.And a lady from Pittsburgh,I ~.have no hold on him."Then she went on,begging him to go and Now did you and Marie,from the time he,stayed with you from Why was that? anywhere? he wouldn't go. Sh~said,"What kind,of hold you got on him?"I said,"I don't ~~Qz~>..J A>-IIIZZ'111II.Qi0I-0 Az :tIII~~ t-=!:!a:I-IIIQ Qe...~0Q :J., :c..,... N fIi'a:III AI-a:0II.III QII: I-a: :J0 Au ..J~ 0 Qii:II. 0 A, don't know who they was,I seen them one time.I didn't stay in the hous e. Q Would you and your wife ever leave Rocco alone with his friends and relatives? A Yes,when we went shopping and stuff he was alone all the time. Charles Selvoski If he wasn't aione he was watching the kids for us when we had to fP shopping. Q As far as from March until)say)July)whatwas'Rocco's mental capabilities?Do you have an opinion as to his mental condition or his state? 248 MR.ROSENBERG:This is objected to.This witness being a layman)wouldn't be able to express an opinion of his mental state. THE COURT: Exception noted. The objection is overruled.'. i l. • I (Stenographer reads back last ques tion). A He had his own mind.He'dBdb his own thinking.An?he'would even help us,tell us how to do things. Q What would he tell you what to do? A We were talking atbout putting a new garage up.And he was telling me how to put the roof)which I did)I did the way he said. Q What month was this thatyou put the garage up;? A I bffiieve I started in Mayor April.I ~ve been working on it little by little.I didn't get it up all at one time.And we had an estima or come in)Paul Lindley)estimating our land.And he was telling 'Paul how it should be done)which we did the way he wanted it done. Q Did Rocco watch television? A Oh)yes. Q Would he ever discuss the programs with you? A "Charles Selvoski Yes.He talked about this space stuff they had,going to the moon. He didn't like it.He didn't like the idea of it.He didn't think itwas a good way to spend money. 249 Q Would he ever'discuss the war with you? A 0( z0( :i~.Qzz· 1&1 Do A Q A Q Yes.He would talk the way they had to do things compared to the stuff they had today,machines and stuff like that. When you say they,what was he referring to? The Infantry,the people themselves,the way they have to fight. Was Rocco...in the service? Yes,in the First World War. And he would discuss the Vietnam .War in comparison with the Firs World War? A Yes.And he always listened to the news.He wouldn't go to bed unless he heard the news,then he'd go to bed. Q I have no more questions. CROSS EXAMINATION BY MR.ROSENBERG: Q Mr.Selvoski,you are the husband of Marie Selvoski who just testi ied here? A Yes,I am. Q And it is your three children who would benefit if this will were E!ustained? ", MR.BELL:I obj e.et to that question,Yo ,r Charles Selvoski 250 Honor.ItIs obvious. THE COURT:The objection is overruled. Q Is that correct? A 'Ask me again. (Stenographer reads back last question). After it 'was drawn,of course,you knew that was drawn~didn't On.yes.I knew what he had.My wife told me wha t he had in the So you knew from March 31st on until the time of Rocco's death You knew that the will was drawn,the will at M:~.Costa's? ,'.. /, .,., Yes. Yes.My wife told me. Your wife told you what was in that will~didn't she? I was aware he made the will out. You knew ,what he had done in the will.did you not? Yes~you knew~didn't you? what had been done here.You were aware of it? you? After it was drawn. After it was drawn. Would my three children benefit?Yes~they would.~Az0(>..I>-QIII ZZIIIII,Ai0t-el Qz :1:'III0( ~A ..:2 Qa:t-IIIjj..0( ujj :J A.., :tI-,... N Q iiia: III At-a:0II,III tt:Qt-a::J0U ..I 0(u Ai&:II.0 Q A I ',e will. Q Without going into details,you knew that your wife had taken him to the bank two days later and changed the bank account. MR.BELL:Object~on,Your Honor. Charles Selvoski THE COURT:The objection is overruled. 251 (Stenographer reads back last question). A I did not know until the day she came home.I didn't know it was "._'.·:~A· e·Q ~Az~~~Qzz1&1 Do Zo~~A x III~~Q made in advance or nothing like that. After she did it she..-told you? Oh,yes. Did you ever tell any of Rocco's children or anybody else what had been done here? I had no reason to. No reason to?Even when Viola inquired about;what board you wer e going to get?, A She never talked to me about board. Q Didn't you as well as your wife tell the children on various occasions, "We don't want anything for doing this?" A Whos e children? Q Tell Rocco's children on occasions,or words to that effect? A I told them we never asked him for nothing. Q You said you never asked him? A Yes .. Q Did that mean if he wanted to giveyou everything you would take it '. A Naturally. Q All together,you and your wife took care of this man for five mon hs, approximately,at your home. A At our home,yes. l'har les ~elvoski .,/' Q Well,prior to that time you and your wife were not great friends o~Rocco,were you? A Very much. Q As a matter of fact,you weren't as good a friend as Joe Lorenzo was to the man. A I don't know how he felt about Joe Lorenzo.,I know how he felt about me though. Q Rocco knew the Collins family becaus e they lived there,is that rig t? A Yes. Q Your sister had been a Collins.i mean your wife,I'm sorry. A Yes. Q So he knew all the Collins,not just Marie. A Yes,he knew me.They lived there. Q Marie had been no special friend of his until you took him from the hospital and he stayed at .your house thereafter. A No.She was more to him because she was the mother to his God- children. Q A Q Actually,for instance,he was going to go live with Marie's sister Frances,at the farm,wasn't he? Ye$,he talked about it. And I believeyou testified on this witness stand that after March 3rd,and I don't want to misquote you,you couldn't see any differe ce in this man from how he had been the past 12 or 13 years.Is that ypur testimony? I :rharlp~S:elvoski Yes"mentally you're talking about. Did you know what illnesses this man was suffering from? No"I never-- Did you know that he had heart failure anq arteriosClerotic heart disease in February? I didn't know what he had. Boy"if you didn't know,did you thInk you and your wife had the right to care for a man when you didn't know what was wrong with him? 253 MR.BELL: THE COURT: qbjection,Your Honor. The objection is overruled. (Stenographer reads back last question). He asked us to.take care of him.We didn't ask him to stay with us.He asked us.My wife"I ca~e from work"she says""Rocco wants to know if we will keep him." Just like that"you said okay? Yes. Did you consult with his children and ask their permission? I said Rocco asked us.It didn't have nothing to do with the childrer . ,. And you were aware"as your wife w:a,s"weren't you,that Rocco's children wanted him to have care at the Washington Manor?You. knew that? "•....:/f A Not until July. Q You didn't know that? -.;.\ -------,..--------------------- I knew they wanted to put him in a boarding house. Rocco-- --what did you call it ? A boarding house. A boarding house?In other words,you heard Marie talking to Rocco about the fact that his children wanted to put him in a boardi g house? I heard Rocco telling us that Dr.Bonessi asked him that's what his children wanted.I don't .kl).ow what date this was.-.. -In other;~>wordsl Roccol on occasions,...discussed ,with you and M:ari e, didn't hel that his children wanted to put him in a boarding house? Yes.a boarding house. You two talked to him about thatl didn'tJyou? He told us;we didn't talk to him about anything. ',-=-.. A He told you.but you two never said a word about it,did you? ~He did what he wanted to do.We couldn't tell·him nothing. Joe Lorenzo wanted to take him and Rocco wanted to gOI didn't he,!' on one occasion? I don't know.I wasn't home.I worked five days a week.-SometimEs I'm away from home. Didn't you tell Rocco that he had other friends like Joe Lorenzo -that he could have gone and stayed there? I didn't tell Rocco nothing.Rocco did what he wanted to do.You couldn't tell that man nothing.He had a mind of his own. Charles Selvoski Q You have heard your wife say that the man was weak.Did you hear he r tes tify to that? A Yes.I'd say he was weak too. Q As a matter of fact,after the man came out of the hos pita1 in March,after he had had this heart failure and arteriosclerotic 255 ~z~>-IIIZZIII II.A ioI-~Q :rIII ;A heart disease,isn't it a fact that continuously thereafter he went downhill ? He wasn't getting any younger. Did he go downhill m'entally and physically? Not mentally,no . ;, Did you see him at times when he just wasn't all there and he was ..,:uit QI-IIICi .J Acu Ci ::I Q... x..,... N Did you see him in the hos pita1? Yes.Iwent. in a confused state? .'t ••t r I~ iiir:r:~Ar:r:oII. 11/r:r: I-r:r: ::I8 Q .JC ~A l&,o Q In July is the only time that I seen where he didn't know what he was doing.He did know you,then he didn't know you. Then he did deteriorate"didn't he? In July. You are saying it was only in July he had these .periods where he was confused and he wasn't confused? A To my knowledge,yes. Q He was perfect before that,wasn't he? A He was,sick.I didn't say he was perfect. Q He was very sick from time to time,wasn't he? Charles Selvoski A He was sick~but he wasn't mentally sick. Q He was so sick that on several occasions he had to be put into the hospital and treated.Isn't that a fact? A Generally you do go to the hospital to be treated or you wouldn't be there. 256 ~Qz-<~~UIZZIII II.A i0I-~Q :r: UI ;A .,: ~QI-UIe~A~u gQ "'J:I-"N iiill:IIIl-ll:0II. IIIll: l-ll::J SA ..I-< uii: lI.0 Q A Q You are telling us when he would get so sick that he wouldn't be affected mentally? I didn't see where he was. Your wife was good to him,wasn't she? Very good to him~ And she watched over him and took him places? When he wanted to go,yes. This old man who wasn't related to you,had,for some reason,the right to tell you and your wife t~at he wanted to go anywhere or do anything and you and your wife would do it,wouldn't you,whatever Rocco said? If he wanted to get his checks cashed,we took him.If he wanted .to see'somebody,we took him. Whatever he wanted,you did. Well,sure. I'd like to know whether you knew whEm Rocco came to live with yo• that he owned that farm.Did you know that? A I didn't know if he owned it;I knew he had.been up ther:e as long as.,. . I knew him.," Charles Selvoski .Q Well now~as a practical.matter,the man had lived there for years and Years"You knew he owned that farm,didn't you? 257 A I knew he lived there.I figured it was his.But I didn't see no pape s saying it was his. e Q ~Az~~>-Q1/1 ZZIIIII. i0l-e>Az ::I:1/1~Q~ t-=0 AlI:I-1/1iie....Q~ 00 A:;).., :l:~,.. til iiilI:...Ql-ll:0D-... ll: l-ll::;) 0 Au...< u Qii:IL0 e A Q Without seeing papers,was that Rocco Botton's farm? I thought it .was.yes. Certainly you knew that.Weren't your own inlaws paying Rocco rent for living the re? No.they wasn,'t. You mean they lived for nQthing from 19--~7 Profit:sharing.., Well.then.they were paying them something. They were working it.They had a profit on the farm,half and half They did the work. Right.But you knew it was Rocco that was getting the benefit of the profit sharing. I don't know nothing about that. You worked there and around there,but you didn't know anything about it? I fie;ed,-his machines and helped him around the farm. As a matter of fact.you didn't do any more work than the different Collins boys did,did you? I I I i A I did mostly all the overhauling.rr;totors and stuff like that.which I did part of that'. maries Selvoski 258 Q You didn't do'the farm work. A I helped on the farm work,hay and st.uf like that. Q You knew Rocco had a bank a ccount.didn't you? A No. Q Your wife told you after it was transferred. ~A Yes,after he did it,then I knew. 0( ~~Q Then you knew that the bank account had been transferred. zzIII~A Yes.My wife told me.zoI-~Q You'knew that from April 1st or so,as long as the man continued tc :r UI0(~live,you,in your mind,had knowledge that the prop.erty had been Florence Lerum in July from t8:king her fath·e.r with her? Rocco could go,and leave any time he wanted? changed by will and that the bank account had been tr?-nsferred with your wife on it.You knew this,didn't you? A Rocco kept,not me.He didn't want togo.- A If he wanted to go,he went. Q As a matter of fact,it was y~:>u personally,was it not,who kept A Yes.I knew that it was transferred the day he did it. Q Thereafter,you are telling us thatyou and your wife didn't care, +..•~• Q Isn't it a fact that you,stPmlright in front of him when she,knelt down.'\.,.,",..,' and they were going to take him and said,'INo,you're not going to ..:uii:I-UI e Q oJ~~0:I, :l:..roN vi0:IIII-0:00-III 0: I-0::I0U oJ 0<U-i&:II.0 e take him from here?"Isn't that a fact? A I asked Rocco,I said,"ROCCO,doyou wart to go ,.Vfith your ,daughteY'?" And he said,"No." Charles Selvoski Q.Isn't it a fact t~atyou said--- MR.BELL: Your Honor. Q This is cross examination. THE COURT: He answered the question" This is another ~uestion. 259 Q Isn't it a fact that you said.,"You'll take him over my dead body"If. or words to that effect?,l ,.< A I never said that.... Q You"in your own mind"were fearful"weren't you".th~t they might the sisters"I mean that the children might take Rocco'away.and..-~ maybe he would cha.nge things back. A No. Q You weren't afraid? A That never .enter,ed my mind. Q Never entered your mind"did it? A Never entered my mind. Q Wereyou present when there was a conversation between your wife and Joe Lorenzo when your,wile said something about""You're jealous of him being here?" A I don't believe. Q Didn't you hear your wife say"Ilyou just want to take him for his money"11 or words to that effect? A I don't believe I was. Q You knew"did you not"tell me this---you knew over the years befcre ,, Charles Selvoski that man came to .live with you that Roc~e>BC?tton was ,reputed to be worth some money.You knew thatJ didn't you? A I didn't know what Rocco "Botton was worth. Q You didn't know that it was generally known that .13.0cco had money ar d that he had a farm?Didn't know that? He never mentioned money to me. You weren't that close a friend or close an associat~if you didn't know that. 260 MR.BELL:ObjectionJ Your Honor. We have no evidence here it was generally knownJ other than.what he said. THE COURT:The objection is overruled. Read the quest ionJ Mrs.Hammond. (Stehographer reads back last question). YesJ I knew he had the farm. He was very sick in July you said a couple times. Yes.I knew he was sick in July. Was he sick when Florence came to get him? No.It was the day after when he got real sick. It wasn't until the day after.Isn't it a fact that the man was so sick that she expressed concern and wanted to get him out of there immediately?Isn't that a fact? A Yes J she wanted to get him out of there. Q A And you wouldn't let him go. I didn't stop ~him from going.But he didn't'want.to go. I I. rh~".l p!':~e1voski 261 Q As a matter of fact,if you and your wife had stepped away,physica ly, Florence and Beryl would have been able to take the man. A No.He still wouldn't have went. Q As a matter of fact,whether he wanted to go or not,.physically in the condition he was in,they could have taken him if you and your That's all. He didn't w'ant to go with them . wife had stepped back and permitted him. not going.That's the exact words he told us. That's not true.We wanted to pack his clothes but he says he's Isn't it a fact that you and your wife wouldn't let him go? Physically they could have helped him out of the house there if you and your wife had stayed back and permitted that to occur. .,- He could have walked if he wanted to go.if that I~'~hat you'mean. ~z.~~~AzzIIIII. iQoI-oz :rIII~~A ..=u~QIIIQ ~Au Q :J-. %..r- N Q iiill:IIIIt (Witness excused).oII.IIIll: l-ll: :JoU .J0( U~PAUL MILLER LINDLEy IS CALLED AND SWORN. o DIRECT EXAMINATION BY MR.BELL: Q Will you state your full name? A Paul Miller Lindl~y. Q And where do you live.Mr.Lindley? A R.D.2.Eighty Four. o And are YOU employed? CPaubLiudley.·,.,' Self employ~d. And what do you.do~Mr.Lindley? I farm and I do excavating. Do you know Mr.and Mrs.Charles Selvoski? Yes,I know them. How long haveyou known them? .~. Five'or six years~.1 imagine. Did you know Rocco Botton? Yes,I did. And how long ha veyou known Rocco Botton? About 15·years. And how did you become acquainted with Rocco? " I,~ .~" I did custom work for him.That was filling the silow~some excavating different times on different occasions. This would be up on the farm. Yes. Did you have conversations with him then in those 15 'years you knew him? , Oh~yes~off and on. Did you know Rocco Botton at the time he lived at the Selvoski home~fo be more s pecific~from the date of March 3rd until he died in August? A Yes~I did.I was there doing some work.1'-------1I-Q----D-1-"d......:.y_o_u_._s_e_e_h_im__b_e_tw_e_e_n_th_o_s__e_d_a_t_e_s...:~_M_a_r_c...:.~_3_r_d_a_n_d_A_u:::g_u_s_t_O_f_'6_9-4-?1 A 1) A Q A ~Qz~>oJ>-AVIzZIIIII.Qi0~ Cl Az 1:VI~~Q .:0 AII:~VIQ oJ Q~ 0Q A:>.., :t..,.. N Q iiiII:III A~II:0II.IIIII: ~II::> 0 Qu.."....j oJ~u Aii:...0 e Q A ." Paul Lindley . . Yes~I saw him different occasions. And on how many occasions did you see him between those dates? I would say maybe"oh"six or seven times"I don't know. Did you talk with him everytime you saw him? Yes"I t always talked to him. Do you recall if you saw him in the month of March? I saw him"I was there in March. What was your purpose of being there? I was to do some work for Selvoski's,the company he worked for. What type of work were you doing? A dozer.I was using a dozer. What was it? ,Bulldozer. What type of work wereyou going to do? I was go ing to do bulldozing work for the company that Charles worked for. Did you talk to Rocco in March of '69? Oh"yes.I talked to him that night. What did you talk about? Generally the farm"as usual,everything"you know.And he wanted me to build a pond for him and things like that.That was just natural talk over the years. '263 Q How did he appear to you then in March of 169 you talked to him? . A Mentally,he WeE all right when I talked to him"you know what I Paul Lindley mean?I couldn't say that there was any change. Q'How about physically?How did he appear? A He'd just got home from the hospital.He was feeling pretty good. that evening that I talked to him. 264 I' I Q ~Az0(>~Q l/)zz~A Now could he get around unas?isted? Ohl yes.He got around;he::-walked,through the house. Did you see him in April ? Yes.I did excavating there for a garage in April. io l;Q Who was that for"the Selvoski's?z J: l/)~A For the Selvoski's. ~Qll:Iii is A oJ0( uis:J., :t..~Q iiill:IIIl-ll:o~All: l-ll: 5Qu oJ 0( uAiL...o Q What was that"in the middle 'of April.first of April ? I just don 't remember what that date was.to tell you the truth.It was around the latter part of April or the first of May. How many dates did you come to the Selvoski's home to do this excavating work in April or the first part of May? I don't know.I was there two or three days. And you saw Lhim.of course.everyday? Oh"yes.I saw him everyday.., Did you talk to him on thos e '0ays ?,... A Yes. --'I Q What did he talk to you about? A He was telling me how to do it. Q How to do what? A The exeavating.and telling me what should be done. Paul Lindley Q What he told you to dOl that's how to do the excavatingl was this real?Did he know'what he was talking about? A Like I'saYI he was the same as he always was;as far as I was concerned,mentally.He told me how to do itl which w;:as all right. 265 ~','....., i.,_,~;I • ~i ,'';~ttl' 1 ",f, ~z<~~QzZIII II. Zo..~A' xUI<~Q .,:ui A..UIC .J~U C~Q :t..r- til A aiII:III..lI:oD-III II:Q..lI: :J8 A .J<u ii:Q...o A You know what I mean?He was mentally in good shape as far as I!'. •f +.I ~,~t• that time. Did he everl when you talked to himl did you ever::talk to him,, alone? Yesl I talked tohim alone. Or was someone always pres ent? Not all the time.I talked to him different times when he was alone on the porch and in the yard there . Did he ever talk to you about the Selvoski'sl Marie and Charles? Yes.He said he was there and was treated all right by the Selvosk"s and never said anything against them. Did he ever talk about .their ....:three children? He liked the children.I know he said he was their Godfather..amI ell. Did he ever talk to you about his children? Well,to be truthful about itl I knew Sam,but I didn't know the .Othl rs .. and I don't think he ever talked to me about the girls.But I knew Sam and he mentioned Sam different times. Q Did he ever talk toyou about them visiting him or seeing him? A I couldn't say.I know that---let's see,not too much.You know what I mean?On that there nowI like I saYI I didn't know that Q A :t i, Paul Lindlev there was sisters.He never ta-lked to me 'about the family.you knew .what I mean.even before. pid you ever'see Sam or his wife at the Selvoski's home,again between this time 6f March and August when you had gone up? No.I don't believe ~was there when they was there. 266 CROSS EXAMINATION BY MR.ROSENBERG: ~Q 0(>.J>-III I zZIIIa.A:i0....Clz Q:z:III0( ~A t-=0it....III Qe.J~U 0:J Q., xI-r-'til fti0:III....0:oa.IIIa: I-0: :J 8 Q .J0( oii: II.o A Did you ever see any of Rocco's friends there or acquaintenances there when you were there? Yes.Isaw _the neighbors,that's about all,whe.n I was there workirg.I Was he with them alone or were the Selvoski's always with them? Well,working,.I know I'd seen him go to the hous e and even him go in when he was there at home,but I didn't pay that much attentie n• as far as that goes. I have no more questions. Mr.Lindley,from March till the man died in August,you said you were only at Selvoski's six or seven times all together. That's right. Q Now if I understood your testimony right.the one time you were there for several days in a row when you were doing the excavating. A That I s right. Q And the other time I think you said you were there in March. s'omething about bulldozing. Paul Lindley 267 A Yes.That's right. Q And that's just about it,isn't it? A Well,I did go---I happened to be there,I stopped there the day, I believe he passed away in the morning. Q All right.But I mean other than these couple of times,that's it Q And the other time)had to do with bulldozing? A A couple days there,right at the home. A '".!That's right. A That Is right.I was at work and I stopped there.What I mean,it No ..Hswas there the m0:r:'ning that he had-died.I ~stopped to see I would say that,yes. six or s even times. that you were there in five months. and I did twojobs down below there. was to do the work there,grading their yard and digging the garag~ A Q And other than that,you said you were there right after he ~ied.. A Q And on the one occasion was there for a couple.of days for the gara ge. Q But specifically,you you.rself have said you were there.all togethe c(.~z c(>oJ>-IIIZ ZIIIlL i0t-oz :z:IIIc( ~ ~uii:t-III is oJ~uis:J.., :tl-I'- til iii0::IIIt-o::0II.III 0:: t-o:::J0U oJ c( uii:...0 him. Q During those five months period,any people could have come or ,,'gone and you wouldn't know. A That's true. Q I mean you were never that close a friend of Rocco'Botton either over the years. A Paul"Lindley We were just friends.Like I say,I did custom work for him and I filled his silo and ~did a little grading fOr him and put a septic tank in.And he always came and asked me to do things. 268 Q But it was that kind of a relationship.In other words.you weren't close with Rocco. ::Az0(~~QzzIII"a. ioI-~A xIII0( ~ ..:~Q IiiCi ..I A~u Ci :l Q., :t..~A ai0::~Q0::oa.~A I-0:: :l8 Q .J~uii:AII.o Q .., No,I wasn't close with him at all. And you would have had no occasion to know his,total mental state and soforth,even before.. No.Like I say.he was.as far as.he was always Rocco to me , what I mean.when I -saw him. For instance.did you know that he believed in supernatural? Well.he talked about that to me .some.but I didn't go into details . You didn't know about that? No,I didn't know about that. And you didn't speak his native"tongue or anything with him? No,I didn't. Rocco was·the kind that basically kept to himself.wasn't he? Yes.he was.I myself was,like I say.I was always a friend of him for 15 years,but not no close friend. And you are not purporting to take this witness stand and say that you knew the man's medical condition in,let's say March through August when he died? A No.As far as his medical condition,I wouldn't know that. Q And on the occasions of the six and seven times that you may have -------------------------------------~ Paul'Lindley seen lRpcco thereJ yqu didn't have any great extended conversation with him.You saw him. 269 A WellJ I talked a lot to him,what I meanJ as usual.-Always before •or whenever I'd see him,I liked the old fel!ow and I had a conver- And you couldn't testify as to what might occur when he was very You wouldn't be'in a position to state here as to whether the man ha ~,~Qz~~>-VI ZZ\&ID.A i.o~~Q :z:VI~~ sation with him. confused states when you weren't around? fu,I could not. sick,at times when you didn't see him? .. ., -'. No. I don't believe that you said you visited him in the hospital. NO J I didn't visit him in the hos pita!. You never saw him there? iiicr~A NO J I never saw him in the hospital.croDo~Q That's all. ~cr :loo oJ~~REDIRECT EXAMINATION BY MR.BELL: l&.o Q A But you did see him at homeJ at Selvoski's home in March and Apr'l? That's right. Q In MaYJ I believe also. A Yes. Q His mental conditionJ mental capabilitiesJ he did not appear any different to you then than he did 15 years ago? -----_..._--------, Paul Lindlev 270 MR.ROSENBERG:Objected to as leading, since it's redirect and repetitious. Q All right.I'll rephrase the question.Did Rocco appear different -to you as far as his speech or his conversation or in any way from when you knew him through the p or 15 years and ~hen you knew h m No.Mentally,he talked the same way.I mean I couldn't see no Yes.He always knew me.He knew me the morning he passed on. Did he recognize you,knew who you were? Will you read the question,Mrs.Hammond? Objected to as exactly The obj ection is overruled. But mentally he talked while I knew· MR.ROSENBERG: THE COURT: repetition. Henodcled his head to me.I waJ;1ted to stop to see how he was the (Stenographer reads back last question). him and saw him the same. you know what I mean? difference in him mentally,you know.Physically he had changed, in March or April or May when you spoke to him?«z«>..J>-.III ZZ1&1a- i0l-e>z :cIII«~ ..:uii:I-IIIi5 ..J A~u i5 :;)., %..r-til iii0:1&1I-0:0a-1&1II:QI-0: :;) 0 Au ..J0( uii:II.0 morning befo~e the afternoon that he died. Q I have no more questions. MR.ROSENBERG:That's all. MR.BELL:Your Honor,may we have a five-minute recess? THE COURT:I thought you wanted to quit at 3:00 o'clock. MR.BELL:Ldid~but I think the other counsel I wanted to meet with.I think something came up I wanted to call.We may be able to continue.He called me this morning ), and said the municipal m.e-eting will be called off. Yes. Beyond 3:00 0 'clock? .We will have a five-minute ... MR.BELL: THE COURT: THE COURT: .',:.;,:J *** ** * ****** Stuart E.Murphy. recess. ---...-,.,') A 227 Woodside Drive~Washington"Pa. A Q And your occupation? Q Where do you live? DIRECT EXAMINATION BY MR.BELL: Q What is your name? STUART E.MURPHY"ESQ.IS CALLED AND SWORN. 'e ~z~>oJ>-al ZZIIIII. i0I-elZ XVI~~ .:(J ii:I-aliseoJ~ ~0 :l., :tI-r-" iii0::IIII-0::0II.IIIa: I-a:::> 0u oJ~(J ii:I&.0•t .• A I'm an attorney. Q Where do you have your offices"Mr.Murphy? A 33 West Beau Street~Washington"Pa. Q And how long have you been a practicing attorney? Stuart E.Murphy,Esq.272 A Since 1936. Q .,And you are still in the practice at the present time? A I am. QWhat Bar Association or Associa;tions are you.a member of? A I did so. represented him? Q Was he in your office in the month of March of '69? A No.It would be infrequent. Did you represent a one,Rocco Botton? Pennsylvania. I would say Rocco ~as not in my office on an average of ~ore than possibly once a year,on an average. ,how many times generally would you say you saw him? A Q From the date that you began representing him until his death, And I represented ·Rocco Botton from time to time since that time. A A According to my file,I filed his Income Tax Return in 1943. Q And how long had yo~.repres ented him? Q Would you see him quite often d~ring the period of time that you A Washington County Bar Association. Q Q And what state or states are you admitted fo practice? e 0( z 0(>.J>-IIIZZ III II. i0~ C) Z 1:III 0( ~ ..:u ii:t-III0e.J~U 0 :l., :c..,... til iiiII:III~ c·II: 0a.III II: ~II: :l0U .J0( uii:l&, 0 e A He was so. Q Was anyone with him? A There was a young lady by the name of Marie Selvoski with him. Q And what date was that,to be more specific?· --------------------c------------------, Stuart E.MurphYJ Esq.273 A Mr.Rocco Botton was in my office on March 12th,1969J and again on March 28;1969. Q Now referring to March 12th of '69,what was his purpose of beIng in the office? ••He came to my office and asked me to.prepare a lease betweenA And did Mr.Botton give you any instructions in the preparation he and one,·Joseph Plevel and his wifeJ Lillian Plevel of North« z 0( ~>-IIIZZIII~Q o...~A J:III0(~Q Bethlehem Township,Washington CountYJ Pa'~ A nd did you so prepare that leas e ? I did so. .'.••!- ..:~a:...IIIC .I A0( u C~Q :I:I-,.. N A of that lease? At that time? Yes. Yes. iiia:~Qa:oQ.~A...a: ::JoU .I0( u ii:...o What were those instructions? He instructed me that he wanted a lease qrawn up for the period of three years from March 6thJ 1969 to March 6th,1972J at a monthly rental of $50.00 per month in advance.,That was to lease Ia 200 acre farm,204 acre farm more or less,situate in North Bethlehem Township,Washington County,Pennsylvania,to be use~ for general farm purposes.Now he excepted and reserveq2at that time----I'm sorry,his instructions were to except and reserve in the said Lease a tract of land containing a hundred---I'm sorry, i one and one half acres along route number 40,upon which there w s ~z0(>oJ~QzZ\&I O:AzoI-oZ XVI0(~ Stuart E.Murphv~Esq, erected a two and a half--I'm sorry,a two room and bath dwelling house with the right of ingress and egress oyer the farm.And also, he was to reserve the right and privilege to Use the barn located on the 200 acre farm,and not on the one and one half .acres,to use it in common with the lessee for housing and feeding ,not more than 12 cattle. Now he gave you these instructions? He absolutely did.By the way~11m sorry,that was also to include the right and privilege to use the equipm ent of the lessor during the term of the lease,providing the lessee would keep the equip- 274 iiia:~Aa:o11.\&Ia:Q I-a: :Joo oJ0( uii:AII.o Q m ent,keep and maintain the equipment in as good condition as it w s at the time of the lease.- Now at the time of the preparation of this lease,the instructions of this lease,was Marie Selvoski in the room also? She was in the room with him,yes. Did Rocco ever indicate or did anyone ever indicate whether she should be there? I beg your pardon? Did Rocco indicate whether he wanted her there or did anyone indicate whether she should be there or she should remove herself~ A When he came into the office~she accompanied him to the office> and that was-...;-I made no inquiry as to why she was there or what she was to do or anything else.That was none of my busines s . Q Did she 'say anything at all ? " .' A Q A Q ~A 0<~~QzZIIIII. i.oI-~Ai VI 0<~Q iiia: ~A o0-III a:Q I-a:. :l8 A ..J 0( uii:Q...o A Stuart E.Murnhv Esn~ .In instructions for this leas e ? Yes. Not to my knowledge.And I am satisfied she didn't. Did Rocco corne in assisted or unassisted?Did he walk in?Was he physically able to walk in,? Oh,yes.He walked in just the same as he always did. Did he appear toyou to be any different from any other times that he carne into your office? You mean so far as his personal appearance is concerned?No. .How about his mental capabilities? 1 saw no difference in Rocco Button so far as his mental capacity was concerned thos e two dates than any oth er tim e that I saw him. Is that all that ,took place on March 12th "was the instructions to make a leas e up? Correct. ")',. Now when did you seehim t~e second time?What "date was 'it? March 28th,]>969 . And what was the purpose of seeing him this time? . He carne intto have me---I think I witnes's~d the lease for him. That's his signature to the lease. ?7!1 Q And was his condition still the same? A Yes.No change. Q Did he discuss any other legal matters with you while he was there? A I'm not quite sure whether it was on the 12th ,or the 28th that he ~z0(>oJ>-Ul ZZIII II. i0I-~Z X Ul0( ~ ..:uit:I-UlQeoJ~u Q:>... J:I-,... (II iiill:IIIl-ll:0II.l&I ll: l-ll::> 0u oJ 0( uii:II.0 ," Stuart E.MurphYI Esq. said to me he wanted to make some changes in his will. Q And did he indicate what changes that was? A All he said was he wanted to make some change?I saidl "Roccol ~ou'll have to come ba~k if you don't kho~now and\~ll me what change.s you wanLmade in the will." Q Now did you make his previous willI his'old":-... A I wrote his will in 19---I'm not sure. Q '67 we have here.Did you get his will out at that time and read it to him? A No.I don't think I did.I don't think he disclissed his will at aliI except that he said he'wanted to make some changes.And I said he'd have to come back. Q Did he mention anything concerning his children at that time? A Concerning what? Q His children at that time. A It was either on the 12th or the 28th when he was in my office that he said that he was going to remember the people who were taking care of---I'm sorrYI he was going to remember the people that were interested in him and he said his children weren't paying much attention to him. Q I have no more questions. 276 Stuart E.Murohv.ESQ. CROSS EXAMINATION BY -MR.ROSENBERG: Q Mr.Murphy~you went into some legal language here as you were,. ').77 • describing the terms of the lea~e.·NOw'I ,d(m~t thi~that"Rocc6'BoJ ~n .''..... .talked that way,did he?I mean using the type of legal language.. that you were using to describe the lease. <Az0<>.J~Qz ZIIIII. ioI-CIZ J:III0<~A ...:u it QI-III C oJ~ ~ C :J.., :t...,.. "A No.He told me in his own terms j,J:.lst what l}e wanted.._ .,\,,':,,f"~:-'.~.{''f In other words~Rocco would talk in a broken El).glish and whatyou gave on this witness stand is piecing together what you understood him 10 want in the lease? What he told me he wanted in the lease• Right.As I listened to your testimony,you explained;and I will ask you ag~in~I think he wanted to reservea two-room ,house alon~ Route 40. My notes 'say he was to except and reserve a certain frame dwelling hous,e situate on the above premises of one and one-half acres,containing two rooms and a bath. So he told you to reserve a two-room dwelling house situated on Route 40 with two rooms and a bath. That's right. And you did that? He told me he wanted to keep that for himself. He wanted to keep that particular little house for himself? Correct. And you leased the other house in the main body of the lease? Stuart E.Murphy~Esq. A Leased the whole 204 acres and whatever buildings were on there; he didn't except anything else except this two-room house. Q On Route 40? A Along Route 40.And also the right to use the barn in conjunction with the lessee for the housing and feeding of not more than 12 2'78 c( z c(>gQ zz111II. iol- .~A :rIII;Q ..=~All:I-III ~Q« u §A.., :r..~Q iiill:111 l-ll:oII.11/ll: l-ll: :JoU oJ«UiLILo cattle. If I told you that there wasn't any two-room house along Route 40 you wouldn't know yes or no. I don't know whether there was or not.I just put down what he said Marie accompanied him to your office"Marie Selvoski? She did~on both occasions. Right.And she was with him the entire time on both occasions~rig1.t? In my office,that is correct. Now,sir~I want to know whether you,in Marie Selvosld's presenc~~ when asked by Rocco'or when discussing with Rocco about changing the will~. I want to 'know whether you said to Rocco""Why don't you put it in trust forme,"meaning yourself~or words to this effect? MR.BELL: outside the scope. I object to this.This is Q Your Honor,I would just have to recall'him again~so I don't think there's anything wrong with it. THE COURT:Yes.·It would simply mean additional witnesses and testimony.I.t4inkwe will qveriule... Stuart E.Murnhv ESQ. the objection. Q I will ask please that you read the question. (Stenographer reads back last question). ')70 A Absolutely no.I would have no reason to tell'him to put anything--- I don't know what they're talking about or what they're referring to . .The farml he was leasing itl I doh't know.He wouldn't.put it in a trust with me because he was leasing it. Now would it be fair to say that you had been Rocco's attorney since on or about 1943? Let me say this:I repres ented Rocco Botton at various times over that period of time and I w:ould say that on an average of possibly once a year that he was in the office and he'd come in about differen things. Do you know whether he was represented by anybody else during·, those periods of years?" N01 Idonot.Yes l I'm sorry.Ido. On a regular basis? Let me say.this:that at the time that his son was in difficultYI ~....I - he talked to me about that situation.And I told him I didn't want to have anything to do with it. But that was with reference to his son? That's right.But you said did he have another attorney and I know at that tim e he did have another attorney. Q But generally speaking,I think we'd be safe to say that you were Stuart E.Murphy,Esq.280 Rocco's attorney over the years. A As far as I know,yes. Q Did you do anything at all on the occasion of ~i.the.r visit with .Rocco .. to cause him so far as you ,know to go to anotl;er attorney to change that will? No,sir. is when he signed it. Let me say this:that he didn't discuss.his will at all.He said he This is a will I prepared for Rocco Botton dated March 13.1967, .t he might change it? about changing his will.that he never specifically to you,said how And am I correct that although you generally discussed with Rocco Did you prepare any other will for him after that date? 'Zfhat will.I believe.was signed in,your office. And specifically.I am going to ,show you whathas been labled here Oh,no. It was so;witnessed by myself and my secretary.Mary Francis. and it's a will drawn in 1967 and labled as Exhibit "A"and ask you if you prepared that will and witnessed it?It's a photostat. :5 Az0(>-I~.QzZIIIII. i0l-elZ :rV) 0(~A ..:u itl-V) C -I Q0( l) C:>A., :t..,.. N Q !Ii0::III AI-0::00.IIIa:•Q I-0:: :J0l) -I0( uiL... 0 A . wanted to make some changes in his will.That was the gist of the whole thing.And I said,"Well.you'll have to come back and tell me what changes you want made.'I Because this was in the latter part of the afternoon.I wouldn't prepare a wi 11 u'ntil he came back and told me what changes he wanted made. Q A Stuart E.Murphy,Esq. And he never came back? No.. *'",I 281 Q I think that's all. I ' REDIRECT EXAMINATION BY MR.BELL:.0( z 0(>..J~QzZIIIGo i.oI-~A :rCII0(~Q ..,:u~A IiiQ ~Qu c:;A xI-,... III Q rtiIt~AItoGoIII It Q I-a:: :J8 A ..J0( u ii:Q ""o Mr.Murphy,he said he wanted to make changes in his will and he never got specific on what those changes were.Is that correct? Correct. But he did make reference to his children,is that'correct? Yes.He did.He did make that statement as I told you. Is this 'at the same time he was talking about his will? Yes. Now you stated that he rented the farm out for how much? $50.00 a month. Did he say anything about the rent being low? No.I did. What did he say? A He said:"11Jha't'1B the way I want it."I said to him,"That's a low rental for that kind of,for a farm and all the equipment."And he said,"That's the way I want it." Q Was there any profit sharing provisions in the lease at all?Do you know what I mean by profit sharing? A .What he dictated to me,what he told me,no.There was nothing - ...< Wilma Hanning 282 said about profit sharing~ " Q Okay.Thank youl Mr.Murphy.That's all.' I, MR.ROSENBERG:That's all.I (Witness excused)._ 0(WILMA HANNING IS CALLED AND SWORN. I -z 0(>oJ DIRECT EXAMINATION BY MR.BELL:>-IIIZZIIIa. i Q Will you state your full name?0l-e>z :r:A Wilma Manning.'III 0(.~ t-=Q Where do you live? 0 . itI-A Ontariol right opposite Marie.IIIi5'_oJ~Q You ~ay Mariel you mean Marie Selvoski ?ui5:J ! ....A Yes.:t..,.... C'C ,., I Q Are you married?.iiill: IIIl-ll:A Yes.0 ~a..iIII~-Ill: I-Q To whom are you married?.,~.,ll:, :J0 '!II.'~,,U I ~oJ A Joseph Hanning.I • < uii:II.Q Do you have any children?0 ._A One boy. Q Does he live at home?., A Yes. Q How old is he? A He will be 26 in November. , I ----------.-.----------,------~----------,----,------,-------,----,-----------:--- .~",~,' Q A re you em ployed ? , I A Q A Q Yes.at;Washington Hos pital. What are your duties at the Washington Hos pital ? I didn't understand. What are your duties at the Washington Hos pital? ~A I work at the Housekeeping Department,up at 3~A.· 0(>.J~Q Where is 3-A'?zzIII II,A That's the mental institution.z,oI-~Q How long have you been employed there?xIII0(~A I've been working up there~It was three years in August.in the Washington Hospital. You say you live across the street from the Selvoski's? Yes. Is that directly across the street? viII:~A Right directly opposite like~ oII, III :Q How long have you known the Selvoski's? II::J 8 A Ever since they've lived there ..J 0( U~Q How many year?is that?Could you estimate? o A Abo~t ten years,I'd say. Q Do you know Rocco Botton? A Yes"I knew him pretty w.eH.but I qidn't know him too well until he came there to live. Q I see.Are you saying then you didn't know him then until March 0 '69? Ii' Wilma Hanning A Yes. Q Did you go over to the Selvoskl's,home while :Roc·co "Yas ther~?.' A Yes. Q How.many times would you go over from March ,of "69 until he,. 284 , passed away in August of69?.. 0(Az 0(>oJ>-UIZZIII0.Qi0I-~Az :rUI0(. Q~ .:u AitI-UIi5 oJ~ui5 :J.., :t..r--C\I iiill:IIIl-ll:00.III ll: l-ll::J 0U oJ0( u Qii:ll.0 Well#I saw him almost everyday.And then I went to visit him in the hospital everyday. Would you talk to him when you would visit him? Yeah ..I didn't talk a lot to him,but I talked to him. What would you talk to him about? We'd discuss the weather and I liked to layout in the sun#he'd alw ys chase me out of the sun because he said you'd get poison.So I got to the place where I'd go around to the back of the house so he couldn't see me.And he'd tell me about his children.He has one da,ughter who is a beautician,=because Marie always combs my hair and he'd tell me,"Wait till you see my daughter,she can fix hair.' Things like,that. Did·he ever discuss his children with you as far as their coming to see him? A.They didn't come to see him until towards the end. Q Did he ever talk to you about Marie's children? A He says that he was their Godfather and he says that he liked them better than his own. Q He told you that? Wilma Hanning 285 A Yes. Q Did he ever talk to you about Marie and Charles?, A He said he liked them and that they were real good to him and there. condition?That is,l!was he able to get around? Q Did you ~ver see him go anywhere? Qln March and April and May and June.how was Rocco's physical ...~"I ,,-r you know;and Junior was real good to him too. , Were you able to observe how Marie and Charles took care of Roccp? They were real good to him.you know. Well.Marie would fix his meals and 'she would wash his clothes; the last time she took him to the doctor.called his children when. and she would empty his bag when he carne horne from the hospital; What would they do for him.ify,ou know? A Well.I saw---he would walk around the house by himself.you.kno . A Right across from her house..That's right nextdoor to us"you kn<w. And then he'd go over in the garden.with Marie and I'd go over Q .Where is the garden located? A Yes.he got ar9und gOOd. A that-was his horne. Q -. A Q e «z0(>oJ>-IIIZZIIIQ, i0I-elZ :z:III0(~ t-=u itI-IIIC•oJ~U C ::J I ... :I:..l"-N iiill:IIIl-ll:0a.ldIt: l-ll: ::J0U oJ« Uii:...0 e Q When would he go over there?Do you recall what month he went over the re to the garden? A Well,l!I can't say the month.but it was before he was in the hospitc 1 the last time. Q So it was some time between March and July of '69 ')? A Yes. Q What would he do in the garden?~id you observe ? Did you ever see any arguments taking place at the Selvoski's hom ? A «z 0(>~>-IIIZ Z 1&1a. i0t-elZ Q:tIII0( ~ .:uii:A... IIIC ~~uC:J.., :I:......w iiiIt:1&1t-QIt:0a.1&1It:A,I-'It: :J0u Q~ 0( uiL AII.0 Q A , Well.I ",:,as always getting poison.And he would--one thing he'd te~l Marie.you know,how to plant the cucumber's to hill them up and how far apart because they'd vine.and he'd show her how. And then he'd tell me,point out to me what different weeds WIC:),S because I was always getting poison and that,you know. Now did you ever see any of Rocco's relatives or friends at Marie' hous e to see him? Yes.I saw his friends and I saw his relatives and Marie would come to my place so they could visit 0.nce in a while.Because, she says,"I'm gonna stay here awhile with you so they can visit him alone." She would leave Rocco by himself with his friends and relatives? Yes. I saw that one argument when his daughter came. Were you there at the time or where were you? I was working and when I came home they was in a big argument. Then when his daughter came,I said to my husband."That mjJst be Rocco's daughter'because he'd tell me all that she was doing. I didn't want to go outside while they was arguing.so finally it lasted so long I went out.It was in July and it was real hot. '. When I went out I saw his.daughter pulling him and she was trying to take him and he said,"No,no,"he don't want ,to go. ?R7 Q A Q Rocco said this?. Rocco says he ·didn't want to go. Did you see Marie hit his daughter? ,. ~Az~:; ~Qzz 1&1D. ioI-~A J: VI~~ ~oii:I-UIo....~ ~ Q~Q :I:......(II I didn't see that'part. How was he cared for around the home of the Selvos~i's?What wer~ the living conditions? I don't think he could have gotten any better .care.They have a bath room,plenty of water.I mean she took good care of him.She took him to the doctor's,she called up the nUrse all the time about him and she seemed like she was real concerned about him. NON did you see an argument take place between Joe Lorenzo and Marie? uill:~A Yes.She came down to get in her car one day. oD-1&1 II:Q When was this?Can you say the lmonth this was?l-ll: :J8 A Like I said,I don't remember the month.....«gQ Was it in the summer?II.o A It was in the summer,yes,because I was sitting on my front steps of the porch. Q Tell what happened. A I was sitting on the steps and Marie came down to get in her car and her and I was talking,and she went and she said she was going up to her sister's place.And when she got into her car,she didn't Q Wilma Hanning . know that he was parked so close,about two fe,e~in the back of her. Who was this? 288 ' A Joe Lorenzo.And his car was about two feet in the back .of hersl • and by the time she put on her brakel she had already hit hirrl.And she turned around and slammed on the brake real fastl but she had • 0( z0(>oJ>-UIZ Z\&III, i0I-ClZ XUI0( ~ .:uit QI-UI Q oJ A~uQ :J Q... :cl-I' til A iiill: \&Il-ll:0II, \&I ll: l-ll::J 0U oJ 0( uii:Ql&.0 A hit him.So she got out of her truck and he came down and looked at it and she told qim she'd call her insurance man and they'd take care of it.So when Junior came homel she was telling him about it and Junior saysl "You couidn't have did all that damage because the road is slantingl going downhill." Junior.you mean ·Charles Selvoski? Yes. Was Rocco there? He was sitting there taking it all in.So he told Marie.he saidl "Seel the truck is higher than the car and the road is slanting.II So Rocco says,when he comes up he told Mariel he says.III'm gonna make them both park exactly the same place." Rocco said this? .Yes."And prove toyou you cou~dn't have done all that damage." And that's exactly what he did becaus e I saw him doing it. Q R'occo was going to prove to who? A To Joe that Marie couldn't have did all that damage. Q I have no more questions.Sorry.one more.All the time that you saw Rocco at Marie's housel that is until he got ill in July. Wilma Hanning 289 do you have an opinion as to his mental condition or his c?pabilities?,, CROSS EXAMINATION BY MR.ROSENBERG: I I I I Q e A I ~z Q,<>.J~AIII I zz I III~Qz0I-~A :t,III<~ ..:o it Q tio .J~oo ::l., :tl-I'-N iiia:~Qa:olLIIIa:A I-a: ::l8 Q .JoC uiL...o A MR.ROSENBERG:Objected to. THE COURT:The objection is overruled. You work ina mental ward of the hospital? Yes. Have you been around menta,l patients? Everyday. What is your opinion as to Rocco? Until he got sick in July,I couldn't see a thing wrong with him, mentally. I have no more questions . You say there wasn't anything physically wrong with him until July I says mentally. You have nothing to compare this with,doyou?y'ou hardly knew Rocco before he came there"as',you have testified. I didn't know him real well until he 8ame to Marie's,that's correc . Q I think it's more than that.You said thatyou hardly knew him. A But after he came there to liv,e'---,.~.( ,,.."" Q I'm saying before he came. A Yeah,I hardly knew him,that's correct.'..'' 'r Q So you can't compare him how he was before you sa~'hi:rl1 a't Maril 's. Wilma Hanning 290 A But I did go to visit him in the ho~pital. Q Please answer the question.Do you have anything to compare with since you hardly knew him before he came to'Marie Js ? Now you are a close personal.friend of Marie's.aren't you? Right..In other words,you don't know how he was me~tally and And you have gone over this before you testified with Marie's attorney? Oh,Junior drove.I mean I thought you meant did she make you go .. Did she drive you up here today? Yes. Yes. How did you c orne up? No.she did not. Yes.We're neighbors. You came up here today in their ..car? In their car,that's correct. Well.I think everyone goes over it. Well.you're close personal friends.aren't,you? ~t ", You have lived across the street for ten years? physically before he came there. I guess not. No.Just when I knew him when he stayed there. Repeat the question. Well.it didn't seem anything mentally about h~m. .(Stenographer reads back last question). A Q « z«>oJ A>IIIZZIII QII. i 0l-e>z .:1:III«A~ .,:u Qit:I-IIIC AoJ~Uc Q:J.., x..,..AN iiiIl:QIIIl-ll:0II.III AlI: l-ll: :J Q0u oJ« u Aj;: lI. 0 ~,,'QeA Q A Q A ." -Wilma Hannine',,.'. '291' Q You went over whatyou were going to say. MR.BELL:I object to .the inference here. Of course~we went over it.",.",,. THE COURT:There is no inference of any kind.It I S a plain ques t ion which may be answ f2red plainlJ . Did you go over this matter with the attorney before you carne in here?There is no inference that there is anything wrong.In fact,there would be something wrong if you didn't go over it with them.What is yOUT answer~ I. I Mrs.Hanning? Yes.we went over it. You said Rocco didn't talk a lot. No~not to me lie didn't talk that much because he talked Italian too and I can't understand Italian. So thatyou really never had much occasion to converse with him. I talked with him everyday.just about. But just on minor matte·rs.I mean. That's right. You never got into real serious and long conv:ersations with the rna 1.? No. Is that correct? Yes. I think you did say that you saw friends and relatives tha t carne there to see him.-.----u------.:.....---,------.;.------------:-----J-- 1 I A Yes. Wilma Hannind'.'.')Q') Q He told you that he had a daughter that was a beautician? A Yes.,.."'. Q Never said anything bad about his children? A Nc.He didn't say anything bad.The only thing he says --- Q Is that correct? A He didn't say anything bad,that's right. Q And it is a fact,is it not,that his daughter.Florence,physically wanted to take him out of that house in July? A Yes,she wanted to take him. Q She wanted him away from them. A Yes. Q I think that's all. REDIRECT EXAM NATION BY MR.BELL: Q Do you drive? A No. Q So you couldn't have driven down here today,is that correct? A That is correct. Q Now why are you here? MR.ROSENBERG:.That is objected to. THE COURT:There's no objection if you're trying to show that she was subpoenaed.r-------ir-------~-----:::.-.....:::..---------...:-----.......,.--i Wilma Hanning .I MR.BELL: THE COURT: in r eponse to a subpoena? MR.BELL: Yes. Just ,ask her.Are you..'h:eF:e ,:He'd say it was a leading ~93 question then.Are you here because I gave you a subpoelna? ~Az~oJ'>-IIIZZ 1&1II. Yes. MR.BELL:All right.Thank you. ~(Witness excused).I-ClZ ':I:IIIoC.~ ..,:uii:~EVA MARTOS IS CALLED AND SWORN.o ....oJ 0(u DIRECT EXAMINATION BY MR.BELL:o:l., .~Q Will you state your full name?,.. (II I live in Ontario~directly across from where .Marie lives. iliA0: 1&1I-a:0 QII. 1&1a: I-Aa: :l 0U oJ Q0( u ii:...A0 e Q A Q A Q Eva Martos. Where do you live? Marie Selvoski and her husband? Yes. Are you married? I am. To whom areyou rparried? I'm married to August Martos . Do you have any children? .. Q A Q A Q e A 0(zQ 0(>...~AzzIII II. i0~0!Q:z:III0( ~A t-=u ~Q IIIc ~A ~c:>., xI-"til ui0:IIIIi:AoII. 11/~Q0::>ou...0( uii: II.o '"F.va Martos I have two children.a boy.19.and a girl.14. Are you employed? I am.I'm employed asa part-time wait'ress'. You say you live across the street from Selvoski's? About directly across., How long have you known the Selvoski's? I knew Marie whenever she moved to Ontario,I'd say nine or ten years. Did you know Rocco Botton? I did. How long hadyou known Rocco Botton? I knew Rocco after Marie moved to Ontario and I'd go up to the farm whenever she went up to her mother's . How long would that be then? I'd say about nine years.ten.something like that. How often would you see Rocco as far as from the time.nine or ten years ago.excluding the time tha t he lived at Marie's house from March until Augu,st ? 294 A I'd go when Marie went up to the farm~I'd say once a month or tw'ce a month. Q That you went with her? A I went with Marie.yes. Q How often would you see Rocco from March of '69 to August of '69 ~ A I'd go there just about everyday that I wasn't working. Eva Martos 295 Q When you say you'd go there,you mean at Marie's home? A Yes,at Marie's house I'd go because there would,be times she'd have. to take me to work too. come in the kitchen and he'd talk to both of us. Yes.I'd talk to him whenever I went over there because when I'd ,was it reasonable? Yes,it was. .. He did.He told me that he liked the children.He says those were Did he ever talk to you concerning Marie's children? What he talked to you about,were the contents of the subject matter J to me about sending the rocket up. a diet and talk to me about when they sent this rocket up,he'd talk go on a diet,he'd talk to me about different things about going on What would you discuss with him'? planting the garden.He would tell me about whenever I wanted to Well,different things that we'd talk about,about'the Collins,abou come into the house,Marie and I were sitting in the kitchen,he'd Would you talk to him frequently b.n those dates? Did you talk to Rocco? 1.did. Q e A iQ<>oJ ~A I zZIIIII. i0I-0Z XV)<~Q t-=uitAl-V)a-oJ~ua::I "1 J:I-....aI aill: IIIl-ll:0ll. Id ll:Ql-ll:::I 0U oJ<u Aii:II.0 e 'Q A his Godchildren.And he liked them real well. Q Did he ever discuss Marie and "Charles? A He did.He told me that Marie treated him,he says,better than his children did.And he said that she treated him 'and made him Eva Martos feel that was where he belongedl like tha t was his home. 296 I Q A I Q e 0(A I z0(>..J>-III ZZIIIII. i0l-e>zXIII0( ~ ..=uitI-III•Ci ..J~ UCi Q::J., :I:l-I'-A" iiill: Ill·l-ll:0II.III ll: l-ll:::J0U ..J 0( uii:lI.0•.. Were you able to observe how Marie and Charles treated him? I would say Marie and Charles both treated him right. What would they do for himl from your own personal knowledgel what did they do for him? Welll Marie would have his meals for him.She would see that he ate.She saw that he took his medication whenever he had to take his medication.And she would take him places if he wanted to go. If she went over to the farm and he w8:nted to gOI she would take him with her.She's even taken him up to the mountains with her whenever they went.I don't know just exactly what month it was l but she took him with her., Now did you ever see Rocco---how was he able to get around?I He got around re~l good.He walked with her up to my place.I mean she didn't lead him,understandl he wanted to go for a walk and he says for her to go for a walk with him.And we were remod ling our-house and he came over and talked to my husband and myself and my niecel Frances Martos bought the house across the street,. And he wanted to go up to see what the house was likel what they were doing to the hous e because they had to clean it all out.So he went up there and I seen him walking up to the garden by himsel . ••i Q What months would this be?r .r • I A Geel whenever they were putting tomatoe plants in.That would be about MaYI I imagine. l''~. ~\ Eva Martos 297 Q Did he appear all right to you7 A Yes#he did. Q Did you ever see any of Rocco's relatives there at home 7 A I did.I've seen his son come up and then I w'as there later on A I did.,Whenever Rocco's son would come up~I've ~.seen Marie go A Well~I cannot say-the actual'fight#but then I have~whenever this Q'Did you ever see any fights at the home of .theSelvoski's 7 there by themselves . .,~ .', t,• .. This is obj ected to~ If she kIlOWS who wasTHEcornT: MR.ROSENBERG: there. Did you ever see Rocco alone with his relatives or friends 7 Viola~she came up there. argument was going on#I did walk home from another neighbor's whenever his daughter came up~Viola~or whatever her name is. Your Honor~if she only heard loud talking. place and I heard the loud talk.But what was said~I couldn't say. .either to my house or to Mrs.Hanning's house and she left them Q Who was there 7 Q Who was engaged in this loud talking 7, Q e <z<>..J'>-IIIZ ZIIIII. i 0I-elZ :c III<~ ..:uii:I-!!!e c ..J~~C ::l.., X..,... N iiiIl:IIIl-ll: 0Q. IIIIl: I-a: ::l0 U ..J<u ii:lI..0- MR.ROSENBERG:She said she wasn't therE. THE COURT:She said ,shecame,by anc ~.' heard the loud talking.Now we're going to determine whether or not she knows who wa.'slthere.Now give us a ------------------------------;~:------~-., Rva Martos 298 answer ifyou can. f f'of-~,~. A Rocco's daughter was there and Sam's wife was sitting on the pord . And Mari~and Charles was also,on the porch.Welll there was a bunch of neighbor's children there. e Q ~Az0(>~>- i UIz ZIIIGo I i 0I-elZ :r UI0( ~ Did you ever see anyone elsel any of Rocco's friends visit him? I seen Joe Lorenzo come up there a few times and there was these three ladies from--tre sa.id later on were from Pittsburgh that he had known them whenever th_ey were quite young.Because whenever they came on the porchl this one lady kissed him and I was teasing him about it.And he saYSI "Don't worry about me." Q When was this? CROSS EXAMINATION BY MR.ROSENBERG: A I would say in May. Q I have no mC?re questionsl Your Honor. Mrs.Martosl you are a close personal friend of Marie Selvoski? He saysl "I'm not worried about them ladies." A I am. Q ..=uirI-UI 0e~~~C :l.., :tl-I'C'<I iiiIl:IIIl-ll:00-III Il: l-ll::l 0U ~ 0( uii:lI.0 e Q .You have lived right across the J.street nine or ten years? A I have. Q And I think you said thatyou work? A I work at the Scenery Hill Auction and I wo"rk different auctionsl Eva Martos but just part-time different days a week. Q Did I understand you to say on occasions Marie drove you? A Yes. I:299 Q What,like droveyou to work? A Took me to work.Every Wednesday morning she would take me to work up to Scenery Hill because I cannot drive. Q She would take you? A That's ·right. Q Did she do other favors for you? A If I asked her to take me different places,yes,she would. Q In other words,you have been close friends? A That's right. Q When you went up to the farm as you have tes.tified,you went up to visit the Collins,not Rocco. A Q So that ybmdidn't know him very well until you sa'id he came there in March. A Could I explain myself? Q Well,you can answer it.Did you know him?. A Whenever I went up to the farm I'd talk to him.yeah,I knew him. Q Everytime ? A Yes.Because he us ed to come to her:rnother's place..See,it was just together there.He'd come there and he would talk to all of us whenever we came up there. .... Eva Martos Q You don't know what physical condition Rocco had from March.on? A Just whenever he'd go to the hospital I'd ask Marie what the doctorl would say"you know,what was wrong with him. You know that he was in the hospital several times from March- until h'is death? I do. And you only knew about that,what Marie told you. Yes. You know that on occasions the man was extremely weak and just laid there on the couch"don't ysm? I do. That's all. 300 .did all the time you knew him or was that just in July? Mrs.Martos"you ·say that Rocco ,laid on the couch.Is that all he MR.ROSENBERG: iii~REDIRECT EXAMINATION BY MR.a:o0.. ~Q I-a::Jo U -I ~ uii:lI.o BELL: Objected to as.leading. THE COURT:The objection is overrule<. You may answer the question.Read the question"Mrs. Hammond. (Stenogra pher reads back las t ques tion). A Well.when he laid on the couch I mean he just didn't lay there all the time.He went out to the bathroom;he went out on the porch; , 1 ~---~-----~----------------:---- F'V::l "'If'. But then after he got sick in July is when he laid;he 'dget up,like I s'ay.to go to the b.athroom and he'd come back and go out on the porch or he'd come to the table and have his meals.He never had r is meals taken to him on the couch. Did he talk any different:or act any different in thos e times you talked to him or saw him from March till July as compared to wher you'd go up to the farmhouse and see him when he lived up there? I would say no.I'd say he acted the same., Areyou here today in response to my subpoena? lam. • Thank you• MR.ROSENBERG:That's all. (Witness excused). .. I . .";. I "-,.'i'~. ;, ~"., >~, I. Q Will you state your full name? \... A Jess D.Costa. Q And your address? A 107 Main Street.Bentleyville,Pa. Q Youm9ccupation? A Attorney At Law. Q What is your office ,address? iii0:IIII-0:oa.III~JESS D.COSTA,ESQ.IS CALLED AND SWORN. 0: :J 8 DIRECT EXAMINATION BY MR.BELL: oJ< u ii:Il.o A Q A e Q ~Az0<>oJ~QIIIZZ III a..Az0l-e>z Q:tIII0<~A ~uit QI-IIIec oJ A~u C :J Q.., :tl-I'\II A iiill:IIII-Qll:0n.IaIll:Al-ll: :J0u QoJ0< UiL AII.0 ,. J.D.Costa"'Esq... , !,~ 107 Main Streetl Bentleyvillel Pa.My home address'i's 708 'Wash- ington Streetl Bentleyvillel Pa. You are also the District Attorney of Washington County. Yes. How long haveyou been practicing law? Over 20 years. You are in the practice of lawI of·course"at the pr~sent time? I am. And what bar associations are you now a member of? Wash ington County Bar Association. And what sta'tes are you a member of the bar? Pennsylvania Bar Association. Do you know or did you know the decedent"Roceo Botton? Did I know him? Yes. Yes. A nd how long had you known him? Well"let me say I've known of him for quite some time.But to e know him personally"I didn't know him pers onally. Q Do you know Marie Selvoski ? A I know herl yes'. Q How long have you known her? A Since she was in my office on March 311 1969. Q Tnen you are saying you didn It know her prior to that time? A NOJ I didn't. ·T n C"osta Esa. ------''''''11III 303 Q How about her husbandJ Charles Selvoski? A I didnIt know'Charles either.I believe I know Charles I fatherJ but I didn't know CharlesJ Jr.I Q Now did youJ on March 31st of 1969J did you see Rocco Botton? A I did. Q And where did you see him? A Q At my Bentleyville Office at-107 Main StreetJ Bentleyville. What time of the day,did you see him? A It would be my regular office hoursJ sometime between seven P.M.and nine P.M. Q And was ~nyone with him when he came tnyour office? A Yes. Q Who was with him? A Marie Selvoski. Q What was the purpose of Rocco Botton being in your office? A He requested that I prepare a will for him. Q Did he give you instructions on preparing the will ? A YesJ he did. Q A Did you explain to him what a will is? YesJ as the usual procedure that I folbw.I discuss differ:ent I ,'! matters with the person making up the willJ first inquiring as to what they own. Q Did he tell you.what he owned?...-~. J.D.Costa.Esg. .Yes. What did he say he owned? Well,he said that he owned this farm and machinery and other small personal items. What.else did you discuss with him? Well,as to whom he wanted to leave the farm. What did he say? ,Well.after some discussion and explanation.he stated that he wanted to leave it to Marie's children. Did he name them'? Yes.He said he was the Godfather of her children. Did he mention his own children at all to you.? They came in the discussion.yes. Could you tell the Court how they came into the discussion? Well,let me put it this way:when he came in he told me he had I a will,and asked me if it was necessary to ,have his own will, his old will.rather.And I said it wasn't.that the last will made would be the one that would count.So after that dis:cDs:siinn.he told me that he had named his children in the other will,and that he wanted to change his will.Let's see what else--- Did he tell you why he wanted to change his will ? As tow hy he wanted to? Yes. That's what-he was there for. 304 I ----------------,--------------,.------,.----------, J.D.Costa,Esq. Did he tell you why he wanted to change it to Selvoski's children? Yes,he did. What did he say? Well,he evidently wasn't getting along with his children.,his own children.And he wanted to leave this to Marie's children,that is Marie Selvoski's children. 305 MR.ROSENBERG:If the Court please,I wou d .ask that this be stricken,unless the decedent actually said this. THE COURT:I believe that he is describing what the decedent was instructing him.So we will refuse the motion. And how did he want the will written up,~pecifically?Did he give you instructions on that? Yes,he did. .'What did he say? In regard to---let me preface that.Whenever he stated that he wanted to leave his farm and his proper~.r.to Mflrie's children,'.' Marie was also in the room at the same ·time.And she s poke up, words to the effect that "Don't you want to leaveyour children -r ,~;..' •something also?"And he said,"No."And he brought out the fact that he wants to leave them each a dollar;<:And it·was·explaine ~ to him by me that it wasn't necessary to leave them a dollar.But he insisted that that be put in the will,which was done. I I -----.T-----------------~------........._---------------- Q A J.D.Costa,Esq. Now you say Marie was in the room at the time of making this will ? Yes. 306 Q A ~z0( ~>-III Z ZIIIII. ioI-Cl Z XIII~Q ..=~AIt: Iii~Q0( u §A... :t..~Q iiiIt:~A It:oII.~Q I-It: :loU .J 0( §A\I.\I.o Q Was there any request for her to stay or did anyone ask her to leavE? Let me start from the beginning then.When they first came into my private room and he stated that he wanted to make a will,I aske~ him if he wanted to talk to me alone and I'd ask her to leave.But Rocco says no,for her to sit there,to remain in the room.It was at his request that she remained'in the room.She was in the room at the time. Novv did Rocco come in the office himself?Did he come in unassist d? Yes. As far as mobility is concerned. He walked in,yes . Now how long was he in your office? I would say approximately a half hour. Now who typed the will?Let me show you the will~Proponent's Exhibit i.Is this the will~a photostat copy of it? Yes~this is the will,I typed it. Did you read the will to Rocco,after it was typed? A Q Yes.I explained it to him. '",l t Do you know whether or not Rocco could read or write? .~.(• A I didn't question him whether he could read or'write..1 read the will to him and explained the provisions of it. Q Then did he sign the will? -~----------------------------- A Q A Q e A 0( z0(> gQzzIIIII. i0~~A ::t Ul~Q .,:u Ait~Ul e c oJ Q~u, 0 ::>., :t.."A(II iiiII:III Q~II:0II.III AII: ~II:::> 0 Qu oJ~uii:... 0 J.D.Costa,Esq. Yes,he signed it. .Who were the witnesses to this will? I was a witness and William J.Stankovich was the other witness. Was he also in your office or how was he'obtained as a witness? He,was - - -William Stankovich is a police officer in Bentleyville and he'was in my outer office and I called him in. After the will was signed by Rocco Botton,after it was signed by you and Mr.Stankovich.who was the will delivered to? To Rocco. He took the will ? Y~s,he did.' Now in your conversation with Rocco,did you form an opinion as to his mental capacity to make a will ? I did. What was that opinion? He was mentally competent to make a will at the time that I did. All right.I have no more questions. 307 CROSS EXAMINATION BY MR.ROSENBERG: Q Mr.Costa,when it became evident that Mrs.Selvoski needed an attorney,did she come to you or to Mr.Bell first? A What? l' Q *~.(When she needed an attorney be~ause this matte~was g9ing to be ;~j ," ,.. _._--------------------------------------------, J.D,.Costa,Es q. contested? Well,let me put it this way:she ,brought the will into me to be probated. So thatyou we re the one thathad the will initially.' Yes,that's right., In other words,and then when it became evident there was a mattel" ,of dispute,you are the one that got Mr.Bell into it. Well,ifyou want to put it that way.Let me put it this way:I sugges ed to Mrs.Selvoski that she should have other counsel,that I would probably be a witness in this case. But Mr.Bell is in your office and is an Assistant District Attorne~. That is correct. And Mr.Bell then became counsel for her. Yes.,But let me feilil you,Mr.Bell is in my office as an Assistant District Attorney,-which is a part-time job.He also maintains other offices in the Trust Building. L',,,spent with Mr.Botton was as you have t'estified,about a half I believe we are aware of that.4nd the tota.l 'time tt:at:you would ha re ", i ..',, hour that evening? Yes. I want to be clear in my mind.I believe the will was typed up righ .there? A Right there. Q And then signed? A "1 If·, J.D.Costa,Esq. Right. 309 Q Before tha t,you did not know him pers onally.You knew of him. A I knew 'of him.I saw him and I talked to him on one occasion at the bank.I'm on the Advisory Board of the Peoples Union Bank &Trus ,Company in Bentleyville.Back in 1963 or '64 he co-signed a note <z<~>-(IIzZ\&III. io..elZ X (II ~Q to:'uii:..(II ~A<ugQ.., :t..,.. N [,Or another party---let me finish---and I'll tell you how I got to know him.And at that time I explained to him the·nature of his liability on that note..so that he would understand,which he appear ed to understand at that time. Well then,other-than that one time,which you say you talked to him,you never knew him personally}? Personally,no. You were not his attorney before the date,they came in that night, which was March 31st? lfi lliA I..was not., 0:oII.~Q You had never done any legal work for him?..0::l8 A No,I hadn't. oJ<gQ Had you done any legal work for Marie Selvoski or her family or II.o did you just say you knew Marie's husband,'s father? A Q Well~I never did any work for either Marie Selvoski or Charles Selvoski~Jr.As a matter of fact,I didn't know them.I knew his father..Charles Selvoski. That is Charles Selvoski~Sr.,you did know him? A Yes. J.D.Costa"Es,q.310 ~,;,.~r Q A , Q e A 0(Qz I 0(>.J>-IIIZZ1&1II, i0I-el Az J:III<C Q~ t-=0ii:I-III Ce.J A0( 0 0 :J., :t...,.. "Q iii0:1&1I-0:0ll.1&1 A0: I-0: :J0 Qu .J0( {)Aii:l&. 0 e Q , .' 'Jr', ,". A Q And you"I would take it"had done some legal work for him? The extent of my knowledge of him would be preparing a mortgage for him quite ~)ew c:y~rs ago. In any case"you were known by the Selvoski family? I am well known.I would say so. Am I correct that the :ientire time that you had any dealings with Rocco Botton about this will"Marie Selvoski was present the entire time? That is correct. She never left the room at any time?I mean at any time tha tyou w re with Rocco she was there too? She was there.But she was --I had requested her to leave the room but Rocco insisted that she remain. Now what she told Rocco or what they might have discussed before ,they got there"you would have no way of knowing"of course. What they discussed? Right"before they came to your office. No"I wouldn't kn.ow what they discussed before. And you had no prior knowledge of,either of thes'e people other.,. •,•.•_J'~~~.~... than whatyou have said you·khew of Rocco some time before"as you have testified.You hadn't represented either one of ~hem befor e?, That is correct. ..-t..~I In other words,they both came in just this one night withbu,t you having previously been the attorney for either one. A That is correct. Q 'Did they have an,appointment or did they just walk in? A I'll say this:there are no appointments made at my Bentleyville 311 office.You just walk in.Anybody walks in.And I do not make app int- ments and if I have any calls they are just told to come on in. ~Qz«:; >-IIIZZ1&1II. io t;Az xUl~Q ..:uii:IiiC .J~u cA:J.., :z:..:;Q And Mr.Costa~you~of course~could not have known and did not know what Mr.Rocco Botton's physical condition or what diseases he had at the time they came in? The answer to that is I would not'know what diseases he had. Tell me this:do you know how soon he was out of the hospital unti March 31st~--whenwas he last in the hospital before he came to your office ? That I wouldn't know. You wouldn't know when he was in the hospifal again thereafter? iii~A No~I wouldn't know thos e dates. ll:oII.~Q Did you discuss with him the valu,e of the farm? l-ll: 5 A I know the value of the farm.u .J0( ~Q But did you discuss it with him?......o A Yes.He told me of his farm. ..<~,,,'# Q Did you discuss a lease that he had on it? A Le,t me put it this way-- Q If you did. • 1 A He mentioned that that day he'had a lease and he wanted a will prepared by another attorne~which was not prepared by another at orney. ·T n l"osta ESQ. Q Oh,then you did know when you prepared this will that he.had been to another attorney's office just prior to this? A I don't know whether it was just prior,but it had been,that day. 312 A. Q ~z~>..J>-,~Qz11/~A ~, o Z QxIII~~ ..:u it AI-III C ~Q uc ::A :rI-"C\I Q iiin: 11/l-n:oD-11/n: 1-'n::J8 A ..J< Ui;: II.o Well,you are saying that he had been to another attorney that day and this othe r attorney had not prepared the will? That is correct. You were aware of this? That is correct. And you were aware of the fact that this other attorney was Rocco Botbon's regular attorney since about 1934 ? I wasn't aware of that. I'm sorry.'43. I-was aware of the fact who he was,that's all. You would have not been able to compare this man's mental conditipn when YOUiSc.aW him that evening with what his mental condition might have been in the yea rs befor.e this. 1 would say his mental con'dfUonthat eve'ning was the same as it was in 1963.And I want to tell,you,I would have.never prepared that will if I knew there was something wrong with him,which". in my opinion there was nothi.ng wrong with him at~that time~: Q But Mr.Costa"you are not purporting to state in Court here that you are a medical doctor?You are giving your opinion as a laymar . A As a layman.And my questioning of him in the preparation of that will"that man was competent.He told me -what to put in that will. -~----------,------.,----------------, .T.D.Costa Esa.313 He knew what he wanted to do.I didn't have .to explain too much to ]im.' He already told me. Q All right.It's entirely possiblel is it notl that he knew because he-had been told pretty well before he came toyour office what to do D MR.BELL:I object to that questionl -that you want itl "which I did . told the other attorney how he wanted to draw it? That is exactly correct in this respectl and I want to explain it. he wanted it.And I saidl "Roccol I will make that will any way The obj ection is overruled.THE COURT: Your Honor. This is cross examination. Mr.Costal did he actuallYI did he lead you to believe that he had He had been to an attorney that did not want tornake a will the way ..:oa:I-III C .I 0( oc~Q :>::I-"C\I 0( z0(~>-III Z Z1&10. ioI-~A:r III0( ~ !Iia:~Aa:o0.1&1 II: I-a: ::l 8Q .I 0(oii:II.o He told me that the other attorney would not make a will the way he wanted it made,and that's why he was here. In other wordsl he told you that night tha t the other attorney would not draw the will the way he wanted him to or words to that effect. A That is correct. Q And you ju.st accepted that when he said it? A I did. Q Now William J.Stankovich that was called in was just a gentlemaq, I believe he's a policeman that was in you,r office at.the time? - .T n rosta Esq. A Right. Q I believe I would be correct that he didn't previously know Rocco Botton or Marie,that he was called in to attest the signature. You are not correct. Well,did he know them? He knew Rocco Botton.Whether he knew these other people or whether he knew Marie and Charles,Jr.,I don't know. But .nothing more occurred,other than he saw Rocco sign and then signed himself thatnight . 314 A Q More did occur than that.Mr.Stankovich engaged Mr.Rocco Bott n in a conversation.They had known each other previous tothis time. Well,it would be hearsay and we will have Mr.Stankovich here so I won 't ask you that.Now I lEI ieve·you said that you then gave the will to Rocco Botton. that is co.rrect. And then you never saw him or Marie until after his death,or did ou? That would be correct.To the best of my knowledge I didn't see him until afte r Rocco had died.·.', After his death he brought--:'1 mean Marie'is the one that brought ,'.", the will back to you for probate. Yes. You are the one tha t probated the will. A That is correct. Q I think that's all. J.D.Costa,Esq. REDIRECT EXAMINATION BY MR.BELL:· Q Mr.Costa,did Marie,while she was in your office with Mr.Botto! that half hour~.did she say anything in giving directions of any type' A Other than when Rocco said that he wanted to leav e the property to her children,she mentioned the fact of Rocco's children,if he 315 Did you refer her to me,in other words? "'.~ e. ~ z<>~QUlzz~A io t?Qz :J:Ul<~ iiill:1&1l-ll:ono~Q l-ll: 5Au oJ< u ii: II.o Q A' wanted to leave,something to his own children. That's all she said? That's all she said. Now after Rocco passed away,she came to you to probate the will. Is that correct? That is correct. And you told her that you'd better not get involved since you wrote the will ? Well,after I found out it was going to be contested,I told her that. I didn't know it was going to be contested.' Did she tell you that I was her attorney a.t any time? Yes,she mentioned thatyou represented her,I think in a---she's purchasing some property,I believe,and when I told her she ought to have another attorney she said you had represented her or waf:! representing her in purchasing some property. •She requested you.I don't know whether you'd c'all that a referraL But she requested when I told her to have another attorney she .... brought your name up as ..you represEmted tJ:1em.'f. -----------------~ J.D.Costa~Esq.316 Q Also~Rocco Botton,at the time,mentioned ,whoais attorney was, who he had previously from this time that he had been seeing you. Did he mention the name of his attorney? A e Q ~Az~>~ )-QUlzZIIID-, That evening he mentioned a name. What was the name of thatattorney he mentioned? Pat Murphy~whic h is Stua'rt Murphy~his correct name. I have no more questions; effect. A Rocco's. A Words to that effect. RECROSS EXAMINATION BY MR.'ROSENBERG: No. Then Rocco sa'id~"Well~I'll-leave them a doilar." you want to leave anything to your children;~l or ,words to that Q Whose idea was it then about leaving them a dollar? A Rocco said he didn't want to leave his children anything. A Q Rocco didn't say about leaving the dollar? Q .Q I believe you said it was Marie that said something about "Don't i0~0Z :t :Ul~:t .,;,v· it~Ulejj ~ 0( ~ C :J... :t..,... N tti0:III~0: 0D-III0: -~0: :J0U -I0( u ii:lI.0 e Q All right.So after'she suggested it and with other conversation, then Rocco said~"Well then,we'll leave them a dollar." A No.'I explained to Rocco that it wasn't necessary to 'leave his children a dollar.He insisted that it be put in the wil1~leaving --------------------------------. J.D.Costa,Esq. each of them a dollar. Q That's all. 317 MR.BELL:I have no more questions, Your Honor.Your Honor,1 have no more witnesses at this time.I have two come Monday. MR.ROSENBERG:Actually,Monday starts Civi!Court. MR.BELL:Well,it would be very short.Do JO u have any cases on the list Monday? know. MR.ROSENBERG: THE COURT: I hope I do,but I don't Without a protracted delay in the matter,can't we agree on a short time for taking the balanc of the testimony?It would appear to me that whatever you have to offer additionally w ill be very short. MR.ROSENBERG:Who are the witnesses? MR.BELL:-The subscribing witness on the will and also Mr.Thompson of the Thompson Funeral Home. THE COURT:Mr.Rosenberg,do you hav:l anything further than the cross examination of those witnesses yourself? MR.ROSENBERG: very short rebuttal.,," :f. No,unless it would be .. . 'J.D.Costa.Esq.318 THE COURT:Yes.Well,we should be able to finish that. MR.ROSENBERG:I have no objection to Monda if I am free,Your Honor.And I woold agree to tentativel P.M. have in the afternoon. ** ****~**** MR.ROSENBERG:I have no obj ection,Your Yes.So we will have the We have a chance to hear thaL t'V'..Yes"Your Honor.W~lliam ?tankovich. Mr.Bell.areyou ready to call another witness THE COURT: THE COURT: set it for then and finish it. Honor,subject to being called to Court. balance of our hearing on Monday,November 10,at 2:00 o'clock dispose of all that is contemplated in about an hour or an hour and a half;and that shouldn't interfere with Motion and Rule thatyou mieht on Monday at 2:00 o'clock.And iti:wDuld seem to me that you could MR.BELL: THE COURT: On Monday,November 10,1969,at 2:00 o'clock P.M.,.the hearing conhned:,...~. e 0( z 0(>oJ>-IIIZ ZIIIa. i 0l-e>z :J: III0( ~ t-=0ii: I-III ·e 0 oJ0( u· 0::J.., x..,.. C\I iiill:III l-ll:0II.IIIa: l-ll:.::J00 oJ0( Uii:\I.0 e William Stankovich WILLIAM J.STANKOVICH IS CALLED AND SWORN. DIRECT EXAMINATION BY MR.BELL: ~lQ Q A Q <Az<>oJ>-QIIIZ Z IIID.Ai0l-e>Qz,:z:III<~A ~u 0:QI-III 0 oJ A~~ 0::J Q., :t.."N A iiiI%: III Ql-I%:0D.III I%:Al-I%:::J0 Qu oJ<u Aii:lI.0 Q A Q A Would you stateyour full name? William J.Stankovich. Where do you live? Bentleyville,Pa. Where are you employed? Bentleyville Borough. What are your:duties with Bentleyville 'Borough? Police Officer. How long haveyou been a police officer? Ten years,regular;seven years part-time. Do you know Marie Selvoski? Yes,I know her. How long haveyou known her? Just several weeks. Several weeks? Several weeks. How about her husband,Charles Selvoski,Jr.? I have known Charles fo~qu~ite a'Yhile.But rve never been form'al with him,but I did know Cha.'rles. I show you Proponent's Exhibit 1 and ask you:if you can identify it?,r Yes. Q And what is it?:( _.._._---------------------------- William Stankovich 320 A It's the will that I signed. Q Whose will is it? A In regards to Rocco Botton. Q Doe s your signature appear on it? A Yesl it does. And with reference to the willI does it appear where,on the back Yes. When w"as that signed?· ,..... Did you see Rocco Botton sign his name? Yes. Yes"that I s the date I signed it. And who else was present at the time it was signed? Yes,I did. Yes. Myselfl Mr.Buttonl Mrs.Selvoskiand Mr.Costa. Is that all that was present? Where was this signed? Attorney Jess Costa's office. 31st day of MarchI 1969. ~,.:',~And was that the day you signed the instrument?. That's my signature . Approximate date,I couldn't tell you.You meanbn here? 2L'ha~is your signature? of the photostat copy? 0(zQ~~">-III ZZIII D..AzoI-~QxIII 0( ~A ..:uii:QIiii5 ~Aui5 ::Q :>::..".NA iii0::~Q 0D.III 0::A I-0:::l 0 Qu ~ 0( u Aii:...0 e Q A Q A Q A '., Q A Q A <z<~~Qz ZIII a.A ioI-elZ :r III<~Q .,: (,) ii:l-UI i5 ~A (,) o:>.., xl-I' N Q ltilI:IIIl-ll:oII.III II:A l-ll::>o(,)QoJ• <oE Ao Q William Stankovich Did you know Rocco Botton prior to this date? Yes,Idid. H,ow did you know him? I had to serve Mr.Button with a summons with regards to a cow that he purchased,and the cow evidently died and the man that he bought it from thought that he should be reimbursed for the.cow. How long ago was this? I would say approximately eight,ten years ago.It's been quite awhile. Had you seen Mr.Botton from ten years ago to the date you signed the will?Have you.ever seen him? I've never talked to,Mr.Button.But I have seen Mr.Button"but I've never spoken to him since then. At the time you signed the will,.did you know the contents of the will ? No"I didn't. Did you ever know the contents 'of the will ? No,I didn't. Did you talk to Rocco Botton on that day,March 3'lst,1969?• 32~1 A Yes,I did. Q What did you talk about? A Just general conversation.When I walked in I noticed him and I sa s, "How areyou,Rocco?"And he says,"Fine." Q Did you discuss anything else with him? William Stankovich '322 A Yes.I asked him how he was feelingand·he says,"Fine."And that was about.the extent of it.It was just a general conversation. There might have been a little more"but I can't remember. Q How long did you stay there? A Approximately ten"maybe fifteen minutes at the most. " ...~ No.At tha t time he was sitting when I came in.He did stand up.....~, Was he walking or--- once then he sat down. approximately eight"ten years ago. :tl-I'-C\I ~Q Did you notice anything unusual about Rocco Botton? <~~A No"sir,nothing unusual about him. z1&1~Q Wereyou able to observe his physical condition? oI-~A Yes.In general"he appeared to be---in fact"lateron I discussed xIII<~it,he seemed to be in the same physical condition as I had seen hin ..:oitIii o ~Q ~o~A iii0: 1&1li:Qo0. 1&1 0:A I-0: ::lo U Q -I< Uii: lI.o Did Marie Selvoski say anything while you were'there? No"she didn't say a word. Was'there anything unusual about the conv~rsation.YO~"had:-~ith Rocco Botton? A Nothing unusual about it. Q Based on your conversation with him"d~)Ou have an opinion as far as mental capacity is concerned? MR.ROSENBERG:This is objected to. THE COURT:The objectiqn is overru ed. A On the short conversation I would say that he appeared very norma William Stankovich 323 Q I have no more questions.Your Honor. CROSS EXAMINATION BY MR.ROSENBERG: Q Now Mr.Stankovich.all you did.according toyour testimony.was ~z0( ~>-UI ZZ\&I II. i A ol-e>~.Q J:UI0(.~A "." dsaytotheman•.something like How are you.or wor s to this effect and he said."Fine." That's right. And then something about how he was feeling and he said "Fine.II That is correct. ~ it QI-UIC ,./ 0( u C .~A :I:..,.. N Q All right.Now you are not purporting.first of aH.to be a doctor or one trained 'in whether a man has mental or physical fitness? No.sir.none whatsoever. And I don't think you are purporting,on the basis of that small con- here of the man's competency? Your Honor.may I qualify that answer? I did talk to Mr.Button previous.as I said.about eight to'ten versation.just coming ini:to witness the will.to give a legal opinion You may.THE COURT: !., years ago.And just by seeing Mr.Button"there and'theshort iiin:\&Il-n:0II.\&III: l-n: ::l0 Au ,./ 0( u ii:II.0 e·A. conversation I had with him.I would assume that he was---he appeared the same to me then as he did previou'~ly. Q But you agree that whatever opinion you are giving'here is based strictly on tha::ving 'seen -the man approximately eight or ten years ------------------------, William Stankovich ago and then having spoken a few words to him that evening. A That is correct,sir. Q And you will agree thatyou hadn't seen him in between to talk to' him or to know him? I haven't talked to him since then,that'is correct. And I was just wondering,did you know the Collins family,Marie'~ family? I've heard of them sir,but I don't know them personally or I don't think I could identify them. Mr.Costa is the one that called you in,-isn't he? No,he didn't call me in,sir.I just h~ppened to drop in to see Mr.Costa. You have been,over the years,very f,riendly with Mr.Costa? I hope so,sir. In fact,you were then and still are a police official and Mr. Costa was Mayor of Bentleyville. That is correct,sir. So thatyou were working on the police force in the City Governmer t that 'he headed. Yes,sir. And I would take it that it was common for you to stop into 'Mr. , Costa's office as you did that evening? 324 A Y .es,SIr..:., Q Any discussion that took place about this will b~fore it was typed .. William Stankovich up was made out ofyour hearing. A I didn't hear any discussion whatsoeverl sir. the Q So you know nothing about the circumstances of;lnaking of it? A NO I sir.I don't. 325 Q I think that's all. 0( z0(~>-IIIZZ11/ II.REDIRECT EXAMINATION BY MR;BELL/io 'I-~Q Mr.Stankovich,you said your conversation with Rocco BottoPIxIII0(~to recapitulate here.was about his health or was there more than you?"And he says."Fine."or "Good"or sOlJ.1ething on that order. Ie ..:uii:I-IIIo....A0(o C:J., :c...... N ui0: 11/I-0:oII.lIJ 0: l-ll::JoU.... 0(O' ii:QlI.o that that you cannot.remember? Theremight be a little morel sir.but I can't remember;just conversation in general.I know when I firs t came into the office I did recognize Mr.Button and the fIrst thing I did say is."How are ,.'\,.+.",."-'" And I told hiIl)he was looking·pretty goo·d.and there ni~lt have been a little mor.e to it,but I can't remember. Nevertheless,there ~as nothing unusual?. I If, A Q Nothing unusual.as far as I can recall. All right.Thank you. (Witness excused). .., ========tt=========~===JK~e~ngJng;e~t~h~TJh~o~m;gfp~s~o~n~===========J=3;2~6~=: KENNETH V.THOMPSON IS CALLED AND SWORN. DIRECT EXA MINA"TION BY MR.BELL: ..'family due to the death of their son. I met him at his home when I was called th,ere to serve the Collins . How did you first meet him or his acquaintance.;.:in August of '67 Since August,1967 . How long had you known him? Yes. I ask you,do you know a Rocco Botton? Yes,I am. Are you still engagedin that business ? And where is your funeral home located? 809 Main Street,Bentleyville. 45 years. How long have you been a funeral director? Self employed,funeral director. How areyou employed? 809 Main Street,Bentleyville. Where do you live)Mr.Thompson? Kenneth V.Thompson. Sir,would you state your full name?Q A Q ~A 0(>.J ~Qzz\&I Q..Az0~C)~Qx VI 0( 3:A t-=0ii?Q~VI0 .J A0( 00:J Q.., :t.....N A lfiD: \&I~QII:0Q. \&Ia:A~II: :J0u Q.J0( u ii:A... 0 Q A Q Did you talk to Rocco at that time?," A .Yes.Somone introduced him to me at the time. Q Did you have a c'onversation with him? ---------~--_._------.. l A Q A QeA 0( zQ0(>..J>~Az\II II, iQ 0l-e!~A:t1II0( ~Q ..:u~A1IICeoJQ0( u C :J A.., :>:....." lti Q II:\IIl-II:0II,\II II:Al-II: :J 0u Q..J0( u ii:... 0 e A Slight conversation. And from '67,did you see him any other times? No,not until he ~ame into my place to make these arrangements. Whe~did he come into your offices? April 1st,1969. Was anyone with him when he came in? Yes,Mrs.Selvoski. -Is this the lady sitting to my right? Yes. Did you know Marie Selvoski prior.to that time? Yes,I did. How did you know her? Through her---acquaintanee -withher family. What was the purpose of Rocco Botton coming to yO,up pla,?e on April 1st,1969? To make a pre-arrangement in regards to his last ri'tes. Could you tell the procedU.re what you went through and the conver- sation you had with him in ma}dng these arrangements? Mrs.Selvoski called me in the mornfng and wanted ,to know if I was going to be in.To my recollection,they came in around one or one fifteen.And I asked Mr.Button if this was what he wanted to do,to make these arrangements.And he said)'.Yes.it was. And I said,"Areyou able to walk up a flight of stair's to our displa) Q ')'7 QeA ~Qz<>oJ>-III AzZIIIGo i0I- elZ XIII<~Q t-=!:!II:AI-IIIec oJ Q< !:! 0 :J A.., %I-r-N QlfiII:IIII-AII:00..III II:Ql-II: :J 0CJ AoJ< CJii:QII.0 e A Q 'Thomnson room,which is on the second floor?"And he sa~d;yes,he was. And he took his time and went up the stairs.He was taken to the display room and everything was explained to him,all our services. Did he appear to you that he understood? He did. And what did he say to you or what did he do? After we h'ad gone over all the different units,I said,"have you made up your mind as to what you want?"And he walked over to this one unit and said,"This is what I want.I: When you say unit,areyou referring to a casket? The casket and services cOI1-nected with it. Did he mention anything,what price range he wanted? Yes,he did . What was that? He wanted his entire funeral to cost about'$2,000"00.:.. Did he give you these instructions? Yes. Did he give you any other instructions ? ;61 Only that he wanted buried in St.Luke's Cemetery,Bentleyville. Did you explain to him or was he aware of any notices published in the paper? 328 A Was he what? Q Did you explain to him or was he aware of any notices of his <Bath to be published in the newspaper? A Q .' A e Q ~Az<>~(U')-~zZIIIDo i0l-e>z ffiQ<~...:uii:~A 0e... §Q 0 :J., ~A,.. (II uiQ 0:III I-~ADolaJII: lrQ:J0u ~A uii:~Q e A Q A Q A Kenneth Thompson No..That I s the normal thing. Do you have a procedure as far as when someone makes funeral arrangements,do you have any contracts ma~e up? Yes,I do. Did Mi.Botton make up a contract with ,)0 ur fun~ral home?. Yes,he did. (Stenographer marks Proponent's Exhibit 5,a contract between Thompson Funeral Home and Ror;co Botton). Mr.Thompson,I show you Proponent's Exhibit 5 for identification, and ask if you can ~dentify that? Yes. And what is it? It's a contract between the fun~ral home and Mr.Button. Did you make out this contract? I did. And what date was it signed? I April 1st,1969. And did Mr.Button sign it? Yes. Did he sign it in your pres ence ? In my presence,but not as a witness. Who are the witnesses on the contract? A'.hdrew Wasulko and Marie Selvoski. , 329 Q K('~~~h 'Thnrnn!':on Who is Andrew Wasulko? .J,"~ .::_:~_I A He's an employee of mine. Q And what does this contract contain.,generally? A Well.it states the exact number and type of casket that is to be USE d and the type of vault.necessary underclothing,h~se,shirt"tie ane shoes. Q This is all at the instruct~ons of Mr.Botton? A Yes. Q How long did this transaction take from the time he walked into your offices to the tim e he"left? A I would say a half hour. Q Now did you form an opinion as to his mental state? A No.I can't say that rgaveit any thought. Q Well.how did he appear to you? A Normal"as normal as I knew him,yes. Q Your Honor.I have no more questions. CROSS EXAMINATION BY MR.ROSENBERG: Q I believe thatc you have been afriend of Attorney Costa for many years. A Oh"yes: Q How many years? A I'd say 30 years. A• Kenneth Thomoson Q And you have known Marie Selvoski,I think you said,for several years?' A Yes. Q You knew the Collins family? Y es-. 1;"!!' 4?J-- ~Q ~>oJ>-UIZZIII~AzoI-~Q J:UI~~ t-=oirAI-UIc ~Q oc ::l., :I:l-I'-NA And you had taken care of the funeral when her brother had died in '67 ? Yes. And it was Marie Selvoski that had called y<;m a~d.who brought Roccp Botton into your plac'e? That's right. And would I be correct that Marie stayed with you and Rocco all the way'through these transactions ? Yes.I would say she was in the room,not close by all the time. iiilI:~Q She also was a witness on this contract that was drawn. oII.III lI:A Correct.l-ll: ::l 8 Q Now Rocco spoke broken English,didn't he? .J0( ~A Yes.""o Q You mentioned about various arrangements.Would I be correct he was asked about various'things to which he would give an answe ? A That's right. Q In other words,you have a contract here tha t has blanks in it and,.... in order to draw it you are required to ask some things and then fill them in. Kenneth Thompson 332 A,That IS right. Q Was the $2~000.00 paid over tha t day 0 r was it paid at the tim e of the funeral? How about at the actual funeral?Was there a mirror-qr anythiq.g The whole transaction that occurred that day,including the filling Oh~possibly there was a tear or two shed~I think~going over that, Tell me,was Rocco Botton crying when he was there? l ,. ., •'.ii No. You don't know of this being done? No,as far as I'm concerned. Well,are,you saying yes or no or you don't remember?' I don't remember. Not to my knowledge. No. Slightly,yes.Not to any extent. Did he at that time,reques't that anything be buried with him? Then you would say he was crying slightly?. thatpossibly it affected him some. It s till has n't been paid? It hasn't been paid. .buried with him? A e Q ~A<>oJ >Q'III . Z ZIIIII.·Az0l-e>z xIII<~Q ~uii:AI-III e 0 ~Q !:! 0~A :t.."N Q iii0:IIII-0:.0II.III0:AI-0::J0u QoJ<uii:AII.0 e Q A Q in of the contract,took about a half hour? A Yes. Q You testified thatyou asked Rocco Botton whether he'd be able to Kenneth Thompso'n walk up the·flight of stairs. A Yes. Q .He was an old man? AYes.- ~And I would take it thatyou asked him since there was some questi(n in your rn'indwhether physically he could walk up there. A Yesl that is true.It's a common procedu~re at our place to ask people this before we start up these stab's because we've gotte~ into trouble over them. Q I think that Is alII sir. MR.BELL:I have no more questionsl .Your Honor.That's all the witnesses the Proponent has MR.ROSENBERG:We have very short rebuttall Your Honor.Sam Bott~·n.· SAMUEL BOTTON IS RECALLED ON REBUTTAIi. -~t_, DIRECT EXAMINATION BY MR.ROSENBERG: ,,,,.... Q Your name is Sam Botton and you have preViously been sworn and " testified in this case? A Yes. Q Mr.Bottonl I believe you were raised on the farm of your father that has been mentioned all the way through this case. A Yesl I've beEm there since I was 13. Q Now is there now or has there ever beenl as ;;;.long as your fa ther Samuel Botton owned the Rocco Botton farm,any two-room house on a one and hal acre lot on Route 40 on the farm? A Q No. Has there ever been any kind of a two-room house at all on that farm? No.It's three quarters a mile down from Route·40. " And how many rooms does it consist of? How many dwelling houses are there on the farm? ~Az<~~QzzIII~AzoI-~Q J:1Il<~A ..:~QIiio .JA<oo~Q :tI-,.. N No. One. Ten. Is it near Route 40? That's ali. '. ., !Iill:IIIl-ll:oB-III a:CR OSS EXA MINA TION BY MR.BELL:I-a: :J 8 Q Mr.Botton"this must be with,reference to the lease that was made .J< uiL out.Does your property or does Rocco Botton's"your father's...o property"do.es it border along Route .40?' A Q A Q Yes. And can you see the home or the farm from Route 40? Yes. And I believe your father had a room or rooms in this house also where he lived. Samuel Botton A Yes. Q 'Was this separated from the house? A No . .Q What I·mean by--- - A ~Q' <>..J~AzZIII II.Q zoI-~A :r1II ;Q He was under the same roof., Under the same roof but a different entrance. ,How many rooms were in that house in his part of it? Two. Two flnd half? ..:uit 11 Two and a bath,shower. Iiic~Q Okay.I have no more questions. !:!Q ::l., :tI-.... N REDIRECT EXAMINATION BY MR.ROSENBERG: iiiII:~QII:oII.IIIII: I-a:: ::l8 A ..J<\)Qii:lI.o Just so we are perfectly clear,the two and a half r09ms were in the same hous e which you have designated as the ten-room dwellin Right. That's all,Your Honor. THE COURT: evidence ?•, MR.BELL: Are all Our,exhibits in I'd like 'to move them into .. evidence if they havenIt been. MR.ROSENBERG: i I r'.,I would do 'the s'ame. Does Your Honor want it designated or--- THE COURT:No.Just so we know we get '336 them all in evidence.Mr.Bell,you are moving for the admission in evidence of all the Proponents exhibits? MR.B.EL L: THE COURT: Yes.One through five. Very well.It will be so ordered.And Mr.Rosenberg,you are moving for the admission in evidence of all the Contestants exhibits,~hich are how many? MR.ROSENBERG:Welll I'd better give you this.We were holding the hos pital records.Exhibit "A ",which is the will of 167,and "B",which are the combined hospital records. THE COURT:The said exhibits will be received in evidence and made part of the record.That will close our testimony then.Very well,the testimony is closed. There being no other matters for the Court's attention,we will at this time adjourn. ~. (Proceedings Closed). t ~". Transcript completed -December 4,1969 Stenographer's Certificate the above cause.and that this copy is a correct transcript of the same. '.;.. ..""~ Certificate of Hearing Judge LJ'cia -. The foregoing record of the proceedings upon the I hereby certifythat the proceedings and evidence are Dated: contained fully and accurately in the notes taken by me on the hearing of hearing of the above cause is hereby approved and directed to be filed. ~. ~z~>.J>-IIIZZ IIIII. i0l-e>z J:III~~ ....uitI-III i5e.J~ ui5 :J.., :t..,.. N iiiII: IIIl-ll:0II.lIJ Il: l-ll::J 0U .J ~ uiLll.0 e ~..-~~......-.__~......_.~,--..-~.,.....c"'llllllll".__._""..""'_~-~'_.~.,_..__..._-~---=.__._.__ OF DEPARTMENT OF REVENUE "}C)FFIICljH RIECE:IPT •PENNSYLVANIA INHERITANCE t~. b',l ROSENBERG &BLOOM RECEIVED SEVEN HUNDRED SIXTY.FOUR and Samuel Botton From:ATTY.BLOOM 24/10o-....--..--.....------..........----....---crollars representing Pennsylvania Inheritance or Estate Tax due from the following estate: 2%Tax on $-------~-$---------Ir.:J1Address200WASHINGTONmUSTBUILDING WASHIMJTON PENNSYLVANIA 15301 6%Tax on $On Account 598.23$--------·1111 ~.,File No.63-69-907 Date of Death 8-8-69 15%Tax on $$111 $--------- Date of Payment J_un_e_2__3....!!.t_l_91_5 -i Name of Decedent __R_O_C_C_O_B_UT_T_O_N ----i %Tax on $$---------1mJ Estate Tax,Act of May 7,1927 $---------Ifil 598.23 $--------TOTAL TAX CREDIT Less five percerilum of tax if paid within three months after date of death Plus interest 0.1,the Aate ofL%from 11.tJ-70 to Date 166.01$'-----II·,~ 'ITOOO[P~O@.ill'irrn;SEA l TOTAL AMOUNT ~/h 764,24 ~ NO,.n".T",HmO.R~.'.....,~o'"od'O'"":.3'7'·7'1 r·g R".;••d by Lf:1.JA4..(ff..:-.r/~U j JU<J I NOTE:In"accep,ting the transfer inheritance tax an future estates,prior to the death of the hfe J •(Signature)-)" tenant or tena,nt for years,as evidenced by thiS receipt,it is understood that the Commonwealth shall .,/11 ~7';/l -"V U not be precluaed or prevented from hereafter assessing additional inheritonce tox at the death of theL £fL.l,L.·U (.'...If.l.J life tenant or tenant for years whenever it appears that such additional tox may be legally due ond'(I'tl ),- collectiblefor any reason whatsoever.I e Cou nty li_A_S_HI_N_G_TO_N ---l •--~-.....:..---_._---~_~'"_.._~...~~__••__.__~_--0.>.-.-.:.......~_._.~_,. ,._~--_........,....---.-.-~~.":'""-,----,.._-.:---......~JiI Sixty Four and 29/100------...---.............·.----..·---....·..-..--.......-----RECEIVED'..dollarsSamuelBottollrepresentingPennsylvaniaInheritanceor From:Atty,Bloom.Bloom,Ro.eaberg &Bloom Estate Tax due from the following estate: $ 49.08 $ $.. ..,<,f/·'yO $/' $ 49.08 $ $I//.,. 15.21 $ 64.29 %Tax on $~_ Estate Tax,Act of May 7,1927 818.006%Tax on $_ 2%Tax on $_ 15%Tax on $_ TOTAL TAX CREDIT Less five percentum of tax if paid within three months after date of death .Pfs interest :l1!.':.8~'100f -'-%fliP_rll.,..------,ua~eto _ ........... .,...". ~.t-,:$It.·~...... uOO~[p~~@illurn SEAL ••'\f~'!,,"'.....'L.-,t .~'" NOTE:This Triplicate Receipt ta be ret~i~~d lar ~'ltdit31:::245-8 , '.......'..,...~..,~•iio .f)t;;.•/#./Received by -''---r--j-----;;:;?r---:--'-.,---..:;;...:......::'--:::''":l,.--=----:---III .NOTE:In accepting the transfer inheritance tax "dn future estates,.•p·rior to the death of the life / tenant or tenant for years,as evidenced by this receipt,it is understood that the Commonwealth shall l not be precluded or prevented from hereafter assessing "bddifiein~1 inheritance tax at the death of the /V lile tenant or tenant lor years whenever it appears that such additional tax may be legally due and--'---7f-----;-::-';'"""7-T-;"----==-'-"'---7't--::f-.--IUII collectible for ahy reason whatsoever. Date of Payment ------------------i Name of Decedent ------------------1 File No.Date of Death --l January 1.1976 Rocco Botton aka Remarks:j~ Addre~OO WasldngtoD Tn.'Bullcu'.ng WashlDgton,PeDDa ~15301 Waaiftgton Cou nty -----------------------l " I! I' --_....0.....-..-..~:.._._=_,.,::;;....__-._~~_.__,__~.__'_~.__..~._I •. RECEIVED O.~\ls.4 Si.x\1een end 82/10Q 4........................_.e.,_..~ollars representing Pennsylvania Inheritance or Samaael Sot.t:.on ~er.Estate Tax due from the following estate:From:·~~~-I~li'KlGl-l,alGlGE~Rtl~.bE~f-4it-~~.~-----------------------I= RCC-4 (6-74) ~~~~~~~~~~~~~~~~~~~~~~~J COMMONWEALTH OF PENNSYLVANIA ]1 DEPARTMENT OF REVENUE 1'1'11~,=~=o:~~'~!::::=.Z~'~l~al~.:::!:::J~i~b·=O=FF=I=C=IA=L=R=E==C==EI==PT==.=PE=N=N=S=Y=L=VA=N=IA=IN=H=E=R=ITA=N=C=E=A=N:=:D='E=S=TA=T=E=T=A=X==============~li ! Date of Payment ---I:ieJptellbez~:4J..!J4-5----:---I Name of Decedent ~~~LJB~~~rL ~ File No.63-".;0'7 Date of Death-liiJ-h~iJ-----i 2%Tax on $$ 6%Tax on $23,152.32 $J;,989.14 t 15%Tax on $$ %Tax on $$ Estate Tax,Act of May 7,1927 $ NOTE:This Triplicate Receipt ta be retained lor audit purposes. County __~.....:-lWUlJsb.iJ]~~lL ~ SEA L jmo?1.",l,':/Iii -·If. Il Remarks: TOTAL TAX CREDIT $----,l........,a.SSu:QllJ'...1.....-..--- Less five percentum of tax if Pt"eV.P4.III _,ii' paid within three months after Bal.Due 790.91 date of death $----------IUI Plus interest at the rate of ~%from 11..e-10 to 4at.e $'-----iIIl2""'2a-5.~4Hlr-----II~ TOTAL AMOUNT PAD $1,016.32 ~ Received by _--l::""rl-~----=-i::-::=u~l (---MA_,_~_'~_·--=:._I NOTE:In accepting the transfer inheritance tax on future estates,prior to the death of the life _~.(Si ature)_~~ tenant or tenant for years,as evidenced by this receipt,it is understood that the Commonwealth shall ,,~"~I not be precluded or prevented from hereafter assessing additional inheritance tax at the death of the life tenant or tenant for years whenever it appears that such additional tax may be legally due and (Title) collectible for any reason whatsoever.1 -~." RCC-33 (4-73)',49"a'S COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS J RESIDENT DECEDENT IMPORTANT: COUNTY OF_W.:..:..:A:.:.:S=..=H=I=-=.N:..::G-=T-=..O=.:-N__ 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 Re'lenue,(Section.703 of the Inheritance and Estate Tax Act of 1961.) IN THE MATtER OF THE ESTATE OF }.AFFIDAVIT OF -=-R:.:O:..:C::.::C::.::O::.-.:B::..:O:;.:T::"T=-O;.:N~,:-:-=a:..,.,/k~/-::-:-a~R=:::O:::::C:-::C,::,O::-:-:=::Bc-=U:...:T:..;T:;...:O:...::N,,--__EXECUTOR . (STATE FULL NAME OF DECEDENT) h h ~mfSti:~¥6RLateofN.Bethle ern '!'Wp.,Was .,County SAMUEL BOTTON, State of pennsylvania County of washington SAMUEL BOTTON of the estote of the obove-nomed decedent being duly sworn,depose S ond soy S Trust None Decedent died A_u-=g:,..u_s_t...,...._8....:,:..........,19~{testote leoving 0 lost will,copy of which is hereto ottoched ..} (MONTH)(DAY)(YEAR)iMH16H Nome ond oddress of ottorney or }BLOOM,BLOOM,ROSENBERG &'BLOOM,200 washington other outhoA':.ed represAln·totive to whom 011 co~espondenceshould be mailed.~B_U_l~·_l_d_i_n~g~,_w_a_s_h_i_n_g~t_o_n~,__p_e_n~._n_s~y~l_v_a_n_l_·_a_l_._5_3_0_l__------~ That as such Executor deponent is familiar with the affairs of said estate and the property constituting (EXECUTOR-ADMINISTRATOR) the assets thereof and their fair market value. That at the time of death there was no safe deposit box registered in d.ecedent'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 IN WHICH DECEDENT RENTED A S.~FE DEPO.SIT .BOX THIS SAFE DEPOSIT BOX RENTED INN AM E 0 R N AM ES 0 F RELATIONSHIP OF JOINT HOLDERS TO DECEDENT That the contents of said safe deposit box or boxes are itemized under Schedules None 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 detail all the.real p;operty 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 Schedule B 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 orpersons giving also separately the accrued interest thereon,if any,down to the last interest day prior to decedent's death in the case of savings banks,and to the date of decedent's death in all other cases;all bonds,postal savings,treasury certificates or notes and other evidence of indebtedness of the United States to the de- cedent;all obligations,whether by statute or agreement they are designated as tax free,of the United States, or any state,or political subdivision thereof,or of any foreign country,which are owned at the time of death; all wearing apparel,jewelry,silverware,pictures,books,works of art,household furniture,horses,carriages, automobiles,'boats,'and any and all other personal chattels of whatsoever,kind or nature,left by decedent, together with the fairly(estimated market value thereof;all bonds and mortgages held by decedent and·of all claims due and owing decedent at the time of death,and all promissory notes or other'instruments in writing for the payment 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 vll6e,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 ow~ed by the decedent at the time of death,with the·market value there- of at such time. In the case of securities of close or family corporations,the values reported are as far as possible substantiated by financial statements of the corporations,showing the assets and liabilities thereof as of the date of death.The schedule also sets forth the interest of decedent at the time of death in any co-partnership or business,and in support of the value of such interest there is annexed to said schedule,financial statements showing the assets and liabilities of said co-partnership or nusiness. A copy of the co-partnership agreement,(if oral,a statement setting forth the nature of the agreement) together with a statement·setting forth the character of the business,its location,and such other facts pertaining to the business as may be pertinent to a fair and just appraisal of the decedent's interest therein must be submitted.It should also set forth in itemized form,together with the fair market value thereof,any other property owned or bequeathed by the decedent at the time of death. The Schedule C attached hereto 'and made part hereof sets forth a true an.swer to each inquiry contained therein and in the case of transfers ofproperty,real or personal,within two years of decedent's death,in contemplation of decedent's death,,or intended to take effect in possession or enjoyment at or after death,said schedule sets forth the nature and value of such property,to whom transferred,the relationship of the transferees to the decedent,the proportionate share received by e~ch 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 att~ched to the schedule a co~y of the deed,trust agreement or other instrument creating the trust.Ther~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 another,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 instrument creating such power attached to the schedule. That Schedule D attached hereto and made part hereof sets forth the names and addresses of all persons beneficially interested in this estate at the time of decedent's death,the nature of their res- pective interests,their relationship,if any,to the decedent,together with the ages at the time of decedent's death of all minors,annuitants and beneficiaries for life under decedent's Will.It also contains a statement showing which of the beneficiaries named in the decedent's will,if any,died prior to decedent,the dates of their death,their issue,and the relationship of such issue to the beneficiary. That Schedule E attached hereto and made a part hereof sets forth all property,real and per- sonal,owned by the decedent jointly with another or others,including intangible,standing in the name of the decedent and others,plus the date and place of record of instruments effecting the vestiture of real estate and the date of acquisition of personalty,plus the name,address and relationship,if any, of co-owners to the decedent. That Schedule F attached hereto and made a part hereof sets forth fully and in detail all debts and deductions claimed for and on behalf of this 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 lmpaid 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 ""'!..':1,~.~,..,,,19 ??.. _••...........................~~.................•••..... ,ROWENE EBELING,NOTARY PUillC My Commission Expires February 8.1977 Washington,Washington County,Penna. ~~~...~.........xtitt-A~LL,.oV.-- Samuel Botton..............................................................__. 4 28 ho.l~tfiet~u~bW ....N9..f..t.G.hg,..r;:1~.;r;::.Q ..*-:e,g 1..5.'O'G..~.. (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",~nd 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"ar~attached.Also make certain that column #1 in the "Summary"has been properly completed as above-directed. -~<;.~-~~...--- ,.. ---"--'-~-'---"'-"-'-'---'---'-'-"'_,--.--.-._-----.--.,.-..-.------~""'~-'''-.-------_."""':.._'_.~--_..~.~.~.-.-...._----.---~.-.....-'-,....._-~---~-<~---~--_...~..~"~"~~-----~~~--~--...--...'·1-,.;./' / I,ROCCO BOTTON,of North Bethlehem Township,Washington CountY,Pennsylvania,being of sound and disposing ~ind,memory and understanding,do hereby make,publish and declare this as and for my Last Will and Testament,hereby revoking and making void all other wills,codicils or testamentary writings by me'at any time heretofore made..."',~', FIRST:.I direct that all my just debts'and funeral ex- penses be paid and discharged as soon as conveniently may be done after ,my decease. /SECOND:I direct that all taxes of the kind and nature commonly known as death taxes,including inherit~nce,legacy,'trans- fer,succession and estate taxes,State and Federal,be paid out of' my gross estate after the deduction of the expense referred t9"in the preceding paragraph. THIRD:I give,devise arid bequeath all the rest,resi- due and remainder of my estate,real,personal and mixed,of whatso-' ever kind and nature and wheresoever situate,of which I may die seized or to which I may in any way be entitled,in equal shares to my children,VIOLA BOTTON BERGMANN,FLORENCE BOTTON LERUM and SAMUEL IBOTTON,their heirs and assigns. LASTLY:I nominate,constitute and appoint SAMUEL BOTTON, Executor of this,my Last Will and Testament,and hereby direct that -my Executor shall serve without bond. IN WITNESS WHEREOF,I,ROCCO BOTTON,the·~'T'e~tator,have hereunto set my hand and seal to this,my Last Will and Testament, this ;$day of March,1967.- The foregoing instrument bearing the gauui,ne signature of th.eTestato~, wascduly signed,sealed,published and declared by the above-named Testator as and for his Last Will and Testament,in the presence of us,who at his request,and in his presence,and in the presence of each other,have hereunto subscribed our names as witnesses thereto. Witness ," Witness. RC C·34 (~.:73) COMMONWEA,LTH OF PENNSYLVANIA DEPARTMENT'OF REVENUE BUREAu OF COUNTY COLLECTIONS TRANSFER INHERITANCE TAX RESIDENT DECEpENT SCHEDULE "A" 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 jn common with another or other,shCtuld be identified as to quantum of interest and the estimated value should be that of the decedent's interest only (Property he'd as joint tenants with right of surviorship or tenancy by entireties should be reported on Schedule "E.") The real property located In the Commonwealth of Pennsylvania should be described by lot and block number,street and street number,together with a general description of the property,with a reference to the record of the conveyance by which the decedent took title;If a farm state number of a. cres;also statement of mortgage encumbrances upon each parcel at death of decedent.Taxes,assessments,accrued Interest on mortgages,etc.,are to be listed on Schedule "F"and must not be d,educted from this schedule. (1 ) ASSESSED VALUE FOR YEAR OF DECEDENT'S DEATH (2) ESTIMATED MARKET VALUE (3) DEPARTMENT VALUATION CAUTION (Do not write In this space) Approximately 203 acres situate in North Bethlehem Township,Washington County, pennsylvania,having erected thereon a two- story frame dwelling house and barn,being more particularly described in Deed Book Volume 624,Page 125. 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. -''-", $40,000.00 if ('(~( (Jr.l) 19 .1 $40,000.00 tf(/OOO- Or2D I 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 estate. Tangible personal property should be listed first (e.g.jewelry,wearing apparel,household goods,and furnishings,books,paintings,automobiles,boats,etc.) Intangible personal property,such as bonds,treasury certificates,cash on hand and in bank, stocks,mortgages,notes,together with;accrued interest or dividends,salaries or wages,insurance pay- able to the estate or fiduciary in said capacity,partnership interests,interest in any undistributed estate of or income from any property held in trust under the will or agreement of another,even though located outside of the State,at the time of death,should be listed in this schedule. Item ITEM UNIT ESTIMATED DEPARTMENT VALUATION No.List and describe fully VALUE MARKEl'VALUE (Do not write in this space) 1.None None \ I Insert this total opposite "Personal Property",Schedule "B"in X X the "As Reported"column on the last page of this return. None COMMONWEALTH OF PENNSYLVANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE "c" TRANSFERS (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)__N_O __ (2)Did decedent,within two years of death,transfer property from himself to himself and another or others (including a spouse)in joint ownership?(Answer yes or no)--,=N,,",o~__ (3)If the answer to (1)or (2)above is in the affirmative state: (a)Age of decedent at time of transfer _ (b)State of decedent's health at time of making the transfer.(Note 1). (c)Cause of decedent's death.(Note 1). (4)Did decedent,in his lifetime,make any transfer of property without receiving a valuable or adequate consideration therefor which was to take effect in possession or enjoyment at or after his death? (Answer yes or no)n_O _ (a)Was there any possibility that the property transferred might return to transferer or his estate or be subject to his power of disposition?(Answer yes or no)_N_o _ (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 enjoyment of or the right to income from the property transferred? (Answer yes or no)__.;::.N'-'o'--_ (b)The right to designate the persons who shall possess or enjoy the property transferred or income therefrom?(Answer yes or no)NO (6)If the answer to (5)(b)above is in the affirmative,state whether the right was reserved in decedent alone or 0 thers -:-_ (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)~N~O~_ (8)Did decedent,at any time,transfer property,the beneficial enjoyment of which was sUbject to change, because of a reserved power to alter,amend,or revoke,or which could revert to decedent under terms of transfer or by operation of law?(Answer yes or no)~N~O=-__ (9)If the answer to (8)above is in the affirmative,was the power to alter,amend,or revoke the inter- est of the beneficiary reserved in the decedent alone or the decedent and others? (Answer yes or no)__N--'-O _ 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 1.None DESCRIPTION MARKET VALUE (Estimated) None DEPT.VALUATION (Dept.Only) Insert this total opposite "Transfers",Schedule "C"in the "As Reported"column on the last page of this return.None ---------------------------------------..., RCC-38 COMM.ONWEAtTH OF PENNSYLVANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE"E" JOINTLY OWNED PROPERTY INSTRUCTIONS:This schedule must disclose all property,real and personal,owned by the decedent jointly wi th 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 decl:!fl.en t. Description of Property,Date of AcquisitiQn,Name Address and Relationship of Co-Owners,and Place of Record of Instrument,where Real Estate. Unit Value percentage Share Estate Valuation DEPARTMENT VALUATION CAUTION-Do not Write In This Space. Value of Value of Entire Decedent's Property Interest None Insert this total opposite "Jointly Owned Property",Schedule "E" in the "As Reported"column on the last page of this return. None None None Rcq-37'(12'-63) COl\fMo.N\rEALTH OF PENNSYYLANIATRANS~'ER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE "D" BENEFICIARIES ( h BENEFICIARIES AND ADDRESSES RELATIONSHIP SURVIVED(If step-children or DATE INTEREST OFStatefullnamesandaddressesofallwhoillegitimatechildrenDECEDENTOFBENEFICIARY ave an interest,vested,contingent or other-are involved,set STATE YES IN ESTATE wise,in estate)forth this fact.)OR NO BIRTH VIOLA BOTTON BERGMANN Daughter Yes Of Aqe 1/3rd Interest -15 Fourth street,N.w., Oelwein,Iowa 50662 FLORENCE BOTTON LERUM Daughter Yes Of Age 1/3rd Interest 2137 Shelburne Drive,Apt.~ Indianapolis,Indiana 46260 --SAMUEL BOTTON Son Yes Of Aqe 1/3rd Interest 428 Fourth Street North Charleroi,Pa.15022 Deponent further says that all the above-named beneficiaries are living at this time except below:NONE NAME DATE OF DEATH RESIDENCE ~IATTER OF THE APPRAISEMENT OF THE No.63-69-907 ESTATE OF (Executor-Administrator must complete "As Reported"column #1.) 0 ~'"'d =0...,...,(b (b 0 ll>...,e:..'"::l '"'"'"0.....::l '"'d~(b e:.....,..., ll>'"0:><'"'d '0ll>(b0-...,..., en 0 ~'0 tr:1 (b..., '"........'<ll>....(b Year . D<THE ~No.Will Administration ------ROCCO BOTTON,a/k/a R.o.CC()BV':r'I'o.N.,I)E!.c ~Cl sed. Deceased Late of N()~t.h.13~t:.l11.~f.1E:!Ill':I'()\Aln.!3f.1 ~.P REPORT AND APPRAISAL Commonwealth of Pennsylvania County of wasl1.ington..enC.~~>=0 W en en >-<: (")(")p-::r'p- M ~~:: 0&)0&)-(1.)0&)0&)0&) .~I c1 "'"'\ :~~~-'Ii '. ,, .\:J;.~;~//., j....tr ~.': I i \..._J -4 :~ :<:0 ~:0:0:0:.:0:0 :~.--..0> :"'" 0=0:0 (b'--":0 'g;:: :.""'toS":0 ~----,."~I f'('JJ .,...... {" C.,.;.;r SL -I. I j ---(1.)0&)-0&) :.>;r. tJ 8--;;...,----3 ::lr.c.. 0"""""mow""~. THE SUM OF $.lL~.~'~.;18 197~RUSSEU "A "IN f) a STATEMENT OF DEBTS AND DEDUCTIONS , ESTATE OF --...::.R.:,:°:::.:C:::.;C::::..:::::°:.....:::B::.::u::..;T:::..T=-°=N:...-L....TE OF North Bethlehem TQwnShip OFFICE OF THE REGISTER.OF WILLS AND AGENT OF THE COMMONWEALTH WASHINGTONOF_....:...:..::~=...:.:...:...::...:..::.:....-_COUNTV Form RC C·lO None August 8,1969DATEOFFIL.ING APPRA'SEMENT _...::.:.:::..:.::..::...DATIit OF DEATH ---::..:.::::..;;_z..::.:::.::..-:::..!.--=:..::..::::..::~_ DATE NO.OF NAMS:OF PAVEE REMARKS AMOUNTVOUCHEIll..~ Bloom,Bloom,Rosenberg &)'."1 #12-31-197~Bloom Attorneys'Fee and costs 12 nnt nn 12-41-1974 Russell Marino,Reqister Letters Testamentarv 1 ~n 1-231-1975 Washington County Reports Advertising Estate lE .00 1-231-1975 Observer Publishina Co.Advertisina Estate H nn Kenneth V.Thompson H'"n~r::l'~.2 62(.00l<'llner;::ll Home ,'-'OQ Bonogolie Grocery bill 1".00 Russell Marino,Register Filing Inventory .00 Russell Marino,Register Balance due on Letters 9 00 Russell Marino.Reaister Filina Account ,nn Inn Washington County Tax Liened Taxes 2,055 18ClaimBureau - Total.....................~16,847.68 - ROWE~E ,EBElING,NOTARY PUSUC My C,O,mmlsSlon Expires February 8,1977 Wasnmgton,Washington Count..p"3,eMa. D"'Y Of' "/'. I, INHERITANCE TAX PURPOSES. IBID IlIEFORE ME THIS ~:3 /l-ef.. ___~~=___I+-----~_Ie ._7_5_ COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON _____--::S~A~M:.:U.::::.::E~L:::....,;B~O:..:T::...T:::.::::O;=.N=__HEREBv CERTIFY.THAT.TO THE BE.T OF NY KNOWLEDGE AND BELIEF,TH!:FOREGOING IS ...JUST "'ND TRUE ST"'TEMENT OF DEBTS.FUNERAL.EXPENSES AND EXPENSES OF ADMINISTRATION SUBMITTED TO THE ESTATE OF ROCCO BOTTON ROCCO BUTTON RCC-81 (6-73) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS HARRISBURG 17127 NOTICE OF FILING OF APPRAISEMENT SANDEL BOTTON (Executor or Administrator) IN YOUR REPLY PLEASE REFER TO Inheritance Tax Division J \ In Re:Estdte of R-'-'-°:;.::D:;.::C-"°-=B°=...T::...:T:;.::°c.::.:N'-----_ WASHINGTON County -Fi Ie No.__6_3_-_69_-_9_0_7 _ Dear Mr.Bottom: originalYouareherebynotifiedthatthe__--::---:--:--_ a ppra isement in th e estate of ..::.R::..::o--=c--=c..::.o-=B..::.o..::.t..::.t.=.:om:::.:-"_ has been filed in the office of the Register of Wills of Washington County on July 17,,1975 ,Said appraisement reflects the following valuations: Rea I Estate --!4~O~)l.l:O~O~O:Jh...O~O~_ Personal Property _ Transfers _ Jointly Owned _ Total 4=O"'-.l.t.=::O~O~O.l!.:.O~O~_ 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 a/1961,72 P.S.2485-1001,::0373._.~ Date July 17,1975 Sign ~k£~ Titl e A_p_p_r_a_i_se_r_l_l _ Date of death:August 8,1969 Note:This is not a bill. RCt-39,(5-68) COMMONWEALTH OF PENNSYLVANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT SUMMARY Estate of BUTTON,ROCCO (Last Name)(First Name) DATE OF DEATH 8-8-69 (Initial) FILE No?3-69-907 REPORT OF INHERITANCE TAX APPRAISER I,the undersigned duly appointed Inheritance Tax Appraiser in and for the County of vJashington 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". [)~-R.1JJ2 ~ ,INHERITANCE TAX APPRAISERp.-;-...;:;"iJuly17,1975Dated:----=----'--------- .. ~tll rc.. F WILLS REPORT OF THE REGISTER OF WILLS IIIL 18 197.?RUSSEtt ..A IW\ Dated: I,the undersigned duly elected Register of Wills in and for Washington County,Pennsylvania,do res ect- fully report that I have allowed deductions in the amounts claimed by deponent,except as to those items where a greater or lesser amount is set forth in the last column to the right in Schedule "F",grea or lesser amount repiesents the sum allowed as a deduction. ,nr nn 40,000.00 16.847.68 23,152.32 VALUE AS REPORTED VALUE AS APPRAISED VALUE AS REAPPRAISED $$$-------+-- INVENTORY Real Property (Schedule A) Personal Property (Schedule B) Transfers (Schedule C) Joint-Held Property (Schedule E) TOTAL GROSS ASSETS Less Debts and Deductions (SCHEDULE F) CLEAR VALUE OF ESTATE Valuation of life estates or FOR USE OF REGISTER ONLY Tax on $------------l--2%Tax on $--+__~ Tax on $5% Tax on $10% Tax on $15% &~ptioos * Total Estate --I-__ TOTAL TAX COMPUTA nON OF TAX $-------4--- $--------...+-- $--------...+-- $--------...+-- $--------1-- $--------'---- (*)As evidenced by Charitable Exemption Certificates issued by the Secretary of Revenue. Less tax previously paid BALANCE Less 5%of tax if paid within 3 months after death ::::::::::::t=== BALANCE OF INHERITANCE TAX DUE $l= Add interest at rate of 6%from _____to $------ AMOUNT OF ESTATE TAX ASSESSED $--------'1- Estate tax paid $l- BALANCE DUE $l- Add interest at rate of 6%from t= ------lto-----$--------1' TOTAL TAX BALANCE $-------l PAID $.....1 FOR USE OF REGISTER ONLY ADJUSTMENTS NOTE:Where subsequent adjustments are made to the above computation of tax by the Register of Wills,for proper reason, same should be noted below,with short explanation. J Will..~No.Admimstration ~ IN THE year . MATTER OF THE APPRAISEMENT OF THE ESTATE OF ROCCO BUTTON Deceased .; Late of County of N.BETHLEHEM TWP. WASHINGTON Commonwealth of Pennsylvania REPORT AND APPRAISAL R C C-2 (2-64).COMMONWEALTH OF PENNSYLVANIA DATE July 17,1975 DEPARTMENT OF REVENUE . RESIDENT INHERITANCE TAX COUNTY WashingtonBUREAU'OF CO/JNTY COLLECTIONS HA~RISBURG,PENNA,17127 APPRAISEMENT FILE NO.63-69-907 Whereas,Rocco Button late of N.Bethlehem 1\m. in the County of .\;IJashington Commonwealth of Pennsylvania,having died on the 8th day of August 1969 ,seized and possessed of an estate subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania; Therefore,I,Dominic R.DeMaria ,an appraiser duly appointed according to law, having been designated to make a fair and conscionable appraisement of the said estate,and to assess and fix the cash value of all annuities and life estates growing out of said estate,hereby file the following appraisement: In the event that any future interest in this estate is transferred in possession or enjoyment to collateral heirs of the decedent after the expiration of any estate for life or for years,the Commonwealth hereby expressly reserves the right to appraise and assess transfer inheritance taxes at the lawful collateral rate on any such future interest. Unit Appraisement Description of ASlet Values Made for In heritance Tax Purposes $ REALTY: See Schedule "A"of appraisement 40,000.00 - v Having been duly sworn according to law,I do hereby certify t~.th~bove appraisement is made in con· formity with law on this j '7 day of ~.~~/\191.J::...r I 'flA ~'.y r f 1Jo AAA.()..... ""0 O~~1.~''-;!-p-n)./7A-/./-o<-t:fl jP'!f;~r ~~~~,and ~~))c;enna.'--------(poat(jee) , Washington Coullty RESIDENT INHERITANCE TAX APPRAISEMENT Estate of Rocco Button Deceased. Late of N.Bethlehem Twp.----- Date of Death,August 8z ·1969 Appraisement Docket Vol.,37-..-~jJ~,f,'/0-5).-;- Page,245-8 No.63-69-907 Filed in Register's Office,July 17,19-.:l..5.- Amount of tax due,$_ DEPARTMENT OF REVENUE Received, Examined and Approved,_ Wrote abo.ut Appraisement, Appeal j,.om Appraisement}_ Entered and charged,_..'~ Rcc-a,(6-73) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS HARRISBURG 17127 NOTICE OF FILING or APPRAISEMENT Samuel Botton (Executor or Administrator) IN YOUR REPLY PLEASE REFER TO Inheritance Tax Division 37-245-8 / In Re:Estate of Rocco Botton aka _W_a_s_h_i_n--=g'-t_o_n County _File No.__6_3_-_6_9_-_9_07 _ Dear Mr.Botton, Y h b t'f'd th t th original SupplementalouareereynoIIeae__~-=...::._ appra i semen tin the estate of_--=R:=o-=c-=c-=o-=B..=.o-=.t-=.to.=.:n::::.......:ak=a=---:-:---::----;--_ has been fi led in the office of the Register of Wi I/s of---..:..:W..=a=s=in::.::!g;;Lt=..:o:..=n=--_ County on January 12 ,19~,Said appraisement reflects the following va Iuations: Real Estate .......-:::..,....---=-=_'--_ PersonaI PJoperty__8_1_8__._0_0 _ Transfers _ J oi ntly Owned -----.8-1.-.8.,..........ooc=--------Total _ 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 nheritance and Estate Tax Act of 1961,72 P.S.2485-1001,P.L 37 . Date January 12,1976 Date of Death:August 8,1969 Note:This is not a bi II. tRCC-39 (5-68) COMMONWEALTH OF PENNSYLVANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT SUMMARY Estate of_B_o_t_t_on R_o_c_c_o a_k_a DATE OF DEATH 8-8-69 (Last Name)(First Name)(Initial) FILE NO.63-69-907 REPORT OF INHERITANCE TAX APPRAISER I,the undersigned duly appointed Inheritance Tax Appraiser in and for the County of_W_a_s_h_i_n..=g_t_o_n _ Pennsylvania,do respectfully report that I have appraised the real and personal property as reported in the foregoing return at the values set forth opposite each itern in the last column to the right in Schedules"A","B","C",d "E". h! Dated:January 12,1976 (M:HERITANCE TAX PPRAISER ===============%~~lmM~;::====I REPORT OF THE REGISTER OF WILLS· I,the undersigned duly elected Register of Wills in and for County,Pennsylvania,do respect- fully report that I have allowed deductions in the amounts claimed by deponent,except as to those items where a greater or lesser amount is set forth in the last column to the right in Schedule "F",which greater or lesser amount represents the sum allowed as a deduction. VALUE AS REAPPRAISED $-------+-- REGISTER OF WILLS g,g 00 ~1~00 none 818 00 INVENTORY Real Property (Schedule A) Personal Property (Schedule B) Transfers (Schedule C) Joint-Held Property (Schedule E) TOTAL GROSS ASSETS Less Debts and Deductions (SCHEDULE F) CLEAR VALUE OF ESTATE Dated:_ ===========~SJ:=:'::¥Jppbf.mE-Nt ft L VALUE AS REPORTED VALUE AS APPRAISED $$ Valuation of life estates or -t= COMPUTATION OF TAX $------,...-----+--=-- $4q 08 Pd in full 1-7-76 Rec.#E50222 $--------+-- $-------+--- $-------+--- FOR USE OF REGISTER ONLY Tax on $-------..,..-,.,-----4--~Tax on $8:;;...::1::,..8"--_1-'0:...:0'---~ Tax on $----------1--5%Tax on $--1__10% Tax on $------------4--15% Exemptions * Total Estate -1-__ TOTAL TAX $------_..1--.._- (*)As evidenced by Charitable Exemption Certificates issued by the Secretary of Revenue. Less tax previously paid BALANCE Less 5%of tax if paid within 3 months after death ::::::::~~~t=== BALANCE OF INHERITANCE TAX DUE $t= Add interest at rate of 6%from _____to $------ AMOUNT OF ESTATE TAX ASSESSED $L- Estate tax paid $l.- BALANCE DUE $l- Add interest at rate of 6%from t= -------Ito-----$------. TOTAL TAX BALANCE $------PAID $_ FOR USE OF REGISTER ONLY ADJUSTMENTS NOTE:Where subsequent adjustments are made to the above computation of tax by the Register of Wills,for proper reason, same should be noted below,with short explanation. Will Administration (No. IN THE Year . ~ MATTER OF THE APPRAISEMENT OE THE I ESTAIfE OF Deceased Late of . County of Commonwealth of Pennsylvania REPORT AND APPRAISAL '\ R C C-2 (2-64) ·DEPARTMENT OF REVENUE B~EAU OF COUNTY COLLECTIONS HARRISBURG,PENNA,17127 COMMONWEALTH OF PENNSYLVANIA RESIDENT INHERITANCE TAX APPRAISEMENT DATE January 12,1976 COUNTY Washington 63-69-907FILENO._ Whereas,Rocco Botton late of _W_a_s_h_in_g_t_o_n _ in the County of Washington Commonwealth of Pennsylvania,having died on the 8th day of August 19---.29,seized and possessed of an estate subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania; Therefore,I,Frances Leo ,an appraiser duly appointed according to law, having been designated to make a fair and conscionable appraisement of the said estate,and to assess and fix the cash value of all annuities and life estates growing out of said estate hereby file the following appraisement·, In the event that any future interest in this estate is transferred in possession or enjoyment to collateral heirs of the decedent after the expiration of any estate for life or for years,the Commonwealth hereby expressly reserves the right to appraise and assess transfer inheritance taxes at the lawful collateral rate on any such future interest. Unil Appraisemenl Descrlpllon of Assel Values Made for Inherllance Tax Purposes $ Personal: Overcredit on Funeral Bill 818 00 , 818.00 @ 6%=49.08 plus interest from 11-8-70 to 1-8-76 15.21 Paid in full 1-7-76 64.29 Rec.#E50222 -0 :,~JL.l 1\Jt"\!0A1'\0 ...1'"1011 1 , I 1 - . ~ I ,-, , I Having been duly sworn acco~o law,I do herY certify that the above appraisement is made in co~ formity with law on this Ie?.day of WI..AA J,).J.....A...A f).e .1/-...:::J;J'l I'J........(I~l\A.~41 • v -Appraiser LU~',Penna. 0It Oftlee) -- 19 76 Washington County RESIDENT INHERITANCE TAX APPRAISEMENT Estate of Rocco Botton aka Deceased. Late of Washington County Date of Death,--.;8'---=8;...-...;::6:.L9_-:-:=-=-_ Appraisement Docket Vol ~i../-o- Page,~5"J.-9 ~oo 63-69-907 P OI d 0 R .--'Offi Jan.12teInegzstt7sce,_ Amount of tax due,$_ DEPARTMENT OF REVENUE Received, Examined and Approved,_ Wrote abo.ilt Appraisement, Appeal f,.om Appraisement,_ Entered and charged,_ ( - ", >i ..~~~.1o:i1'1o #f'k ,.c·s"¥,1 ~~",,;,,,,,_,,,,,,-,,,,,,,,,,,,,,,,~~""'N,,,,,,,_.~•.,..,•.·,,_,,,,·'*_'.""""""""r.~......,.~,~--,--"....,P........'··_-"·~....'I"'"...-.;,.....,;·...".,.~·....~~~""~.-'".·~"'·...."..,..,,,"........,..~.';.~.~NOI__~.,._~•.~~.~_~__..,.,.~_>,~~---------------------------,-------,--------:~-:-.;-----c;;-----,-,-----,,-=...,,,=,.....,.,...--............."'I .'-•••~',~~.l;It,'f~.~·- •. -......rIi en ~~......... IN RE:ESTATE OF Monday ., A.D.19 71 '0 -~ March Term,19 71 -:::J • :-'J ":': C''1 March 88 ~Uprtlnt QCourt WESTERN DISTRICT ROCCO BUTT9N ",I a/k/a ROCCO BOTTON,~Deceased~:':~..:::;;:t...... ,'1 APPEAL OF.;MARIE M~':J SELVOSKI ......J • .:...••l..,...: No. of '"-:.i ~...". CERTIORARI to;the ;< COURT OF C'O~h10N EJ,.EAS ORPHANS'COURT DIVISION for the County of WASHINGTON Returnable the 3rd ",..A)7 -I "vb./r J ~\Thomas iJ.Ternutac~John F.Bell· \~,'~~/1 /'17/~"IJ ~~(7,<)o'"~;:~t)Ju~Attorneys for Appellant J ~-tL.-0'.(/-• ft ~ " cJ . c • '1:l III ~tl ~ ~~"...'6. 01 ~.!:III...,lo- .";::~'"III tl"~ .~ ..., tl !3 ~ ... 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"..,.,. r~"~'--,-----------.---._..""---__.u,--------------_..,""--~~~-.",~~,- The Supreme Court of Pennsylvania,l ss: Western District The Commonwealth of Pennsylvania TO THE JUDGES oj the COURT OF COMMON PLEAS,ORPHANS I COURT DIV.jor the County oj WASHINGTON GREETING:We being willing for certain causes to be certified of the matter of the appeal of MARIE M.SELVOSKI from the Order of your said Court at No.907 of 1969 (63-69-907); IN RE:ESTATE OF ROCCO BUTTON,a/k/a ROCCO BOTTON,Deceased before you,or some of you,depending,DO COMMAND YOU that the record and proceedings aforesaid,with all things touching the same,before the Justices of our Supreme Court of Pennsylvania,at Pittsburgh,in and for the Western District,on the 3rd Monday of March 1971 ,so full and entire as in your Court before you they remain,you certify and send,together with this Writ,that we may further cause to be done .thereupon that which of right and according to the laws of the said State ought. ~')' " ~.n the Year of our L\fd ,,(J ,D y-!--/1,L~lrV r"~D~pufy PROTHONOTARYL_ Witness HON.JOHN C.BELt,JR.,Doctor of Laws,Chief Justice of our said Supreme Court,the 12th day of January one thousand nine hundred ana seventy-one. WASHINGTON,Orphans'Ct.Div. --------------.....,l*......~,.,3.."'M_~'P •.-.;"""f.,~-,------.....-- No. (63-69-907) 907 o~1969 ~~~ No.88 March Term,19 71 r';~upr~mt ·!'Aourt~/?:C:',:,:.~',\...., ",: IN RE: p -~.;1 ~~\_..""c·)(:J "'---:a.C-),_...' ESTATE:OF .;.: (")......",-,..., (.)~.:.::__".~.~-.:J RO.qq·O ::~UTTO~... a/k/a I\00CO -BOTTeN Appeal o~MARIE M.SELVOSKI REMITTITU~ /V -.,l:?.-/ /0'"' I~~~' • ~ , \ \ \ \ .~,~ ~. The.Supreme Court.o!pennSYlVania1 ss:. '.Western Dtstnct ) The Commonwealth oj Pennsylvania TO THE JUDGES of the COURT OF COMMON PLEAS,ORPHANS I COURT DIVlor the County of vlASHINGTON GREETING:Wm::REAS,by virtue of our 'Writ of Certiorari at No.88 of March Term,1071 of our Court a record in the matter of the appeal of MARIE M.SELVOSKI from the order of your said Court at No.'907 of 1969 1ijt~~(63-69-907). 1 day of (1937);.see also own cos·ts. ,PER CURIAM ~ffi.CHIEF JUSTICE BELL did not participate in the consideration or decision of this case. MR.JUSTICE BARBIERI did not participate in the consideration or decision of this case.- .. Decree affirmed.McCown v.Fraser"327 Pa.561"196 At1.674 Young v.Kaye,443 Pa.335,279 A.2d 759 (1971).Each party to bear was bl'ol1ghtinto om'Supreme Court and the said cause was tlwl'e 80 proceeded in that-on the 20th Decembe~A.D,1971 the following decision was rendered,viz:. WHEREFORE,We hereby remit you the record aforesaid with the proceedings thereon and all things touching the same so far as in this Court they remain,for the purpose of execl,ltiort as to justice shall appertain in accordance with the decision of our said Supreme Court as aforesaid, '~itne~~the Honorable JOHN Co BELL,'JR.,Chief Justice of our Supreme Court,the 31st day of Decembe,r in the .year of om'Lord one thousand nine hundred and llnty-one.N 9 • Uf_.;{A./'~--'~b:~De uty Prothonotary .... :-"~""~""~-'"--..._-,..¢I Ii 4ft.,?""...,.""""'"~.:;",."""'...LA IIfI.'__...__....~,.__\.- i -I THE WASHINGTON HOSPITAL WASHINGTON.PA. cSUMMARY SHEET <::r-+-,C ..')j - TELEPHONE RELATiONSHIP CITY &;STATE ADDRESS M.D. DATE-OF BrRTH AGE ROOM NO.RATE P SP W 8-16-00 68 ICU 56 0 50 ~lf~!o TRANS.TO RATt DATE ADDRESS CATH RELIGION /l~ I AOORf;:SS COMPLICATIONS FINAl. '-,.'. .oPERATION " CONSUI.TATION WITH AUTOPSY 0 YES 0 NO RECOVERED IMPROVED NOT IMPROVED NOT TREATED •DIED RELEASED AGAINST ADVICE DIAGNOSIS Otl1..Y RESULT: DATE SIGNATURE-ATTENDING PHYSICIAN .~';, DISCHARGE SUM}~RY THE WASHINGTON HOSPITAL 155 Wilson Avenue Washington,Pa.15301 PATIENT'S NAME R_o_c_c_o_B_u_.t_t_o_n CASE#_---:;1;;;.;8:....:3::...;9:.::5~O _ Admission 8-8-69 Exl?ired 8-8-69 Summary:This 68 year old male w~in the hospital 7-15-69 to 7-22-69 for treatment of Gram Neg Septicemia secondary to chronic genito- urinary infection.Re-admitted 8-8-69 through the ER at which time he was in extremis.He expired in the ER after about one hour, during which time he had been receiving IV therapy.Cause of dea th was gram negative septicemia. ·PCS/cdv ~. . .- ,••""'!,,,- ,.,"',. Fom 301 't, .' F....i1y Nome M.D. ..(7~ (SIGNATURE OF ATTENDING PHYSICIAN)(SIGNATURE OF E.:XAMINING PHYSICIAN) Summary: Form 261 k?iaa Form 1 ·THE WASHINGTON HOSPITAL WASHINGTON,PENNSYLVANIA •j .----.--t---- __--+.~,1 ~i, -------.--..---...--.---+---~~A!,(;(;.t !~{)..,L~~,,"j/~v.vrIf.."".ct...../,__/ 1"'.IIt"1A"'.ii""~_"'.fF"'h"i"'''':.....\i!i.,,'''''"''.<',,,·''''rll'""....,',"'.'X'",>;;;<""~,,,~,__,' ,j il,F_r;,f,'':,WI',C;;lE-H NG-ii"01:\n r~\]n~~p~'T ,~:,n lA~nO A 7~RY r:f.'r'If),p,1.'\.',U[;....1~~t¥1~d.lJlI l:~·d~":i'"br¥"""iYri/''''';e,I.·~!~Jiil~~;:·:\...Viil·.~,o\",""'~~'~ll',,,,k...i ,,", f\DDRESS,-:-__~_·~_DOCTOR ---- ~ICRO --~•.'I0Il" ,'-'=--::::;--=-=-=============-=-=-==-=/:=\£::::,I:':C:::'~:="O=:::8:::l'::O=:L'~O::"G=:'~-=:-y='':-:::DEPA RT!ViE'NT' ==============:=============.,:,..===== Urine Bad-eriology _::=:-.:::.=-=-=-=--=-=--======:::y:::====-=:':.:;-====-=--r=-=-::.::.-='='--==-=:'.=.....=-=._=-=:._===-,::,--=:..:.;.::.::...:..::.,:;:.:..._=--=-..;:-=====,,===================SCREE~FOR I CULTUREBACTERIA Acid FC!~t Bociilus Ii ."-,,-_•...,lr .Sputum 24 Hour Urine Other Specimens Tesl'..,.I CONCEN.CUL.II ~YPE CONCEN,I CUL.II =--r IICOI<ICEN.!CUL,SMEARDATES~IEAR !SMEAR TURE DATE SMEAR TURE I,DATE POS,~E:GSMEARTUREI,CATE ! I I I I .·1 Ii I I.I I I 'II I I!i-I II I i II I I II I iI I ! ADDITIONAL REPORTS Miscelloneor.,s"~c'l FREE TOTAL ILACTIC BLOOD IMUCUS rl DATE IDATENO.HCl HCl ACID SPEC.SMEAR CUL.TURE r I I !I j'\.'Zi'}J?J:rrcuJJ1'L'Q:1 r'',iL!~FAST.!~-19-bq /!JVr)'A~)1 0/1J " I I I I I I II I if~1 ::-2 II:=3 , Febrile Antigens Cerebrospinol Fhlid I PARA I-;;RA ITYPHOID ITYPHOID BRUC.I PROT,I ~I APPEAR.I IDATE I A ABOFH,OX19 OTHER DATE ANCE I SMEAR CULTURE80H! I I I I -I , I I I '-I ,I I I !I I !!I 'I -,-11 IDATEOTHERTESTSIi.i-1-- I I -.,.-_._-.- "..~.JPtJ-'~{c~Ii /;J-". " DATE NAME .~i/../r/)tV MICROBiOLOGY PAGE 77 ,' I 5:'001 Examination II Stool Cl.ll:·ure TI Anal Swab ., DATE-I'II I I~ATE I -- !OCCULT I I TRYP.COLI.PATH.ENTEROBIUS DATE I BLOOD FAT SIN OVA.PARASITES DATE ,FORM OGEN I VERMICL'LARIS I I I I II I I!I. ---r-[]~f------!1---+i-I-'+l----li---!-'---- -,===:::!!===='==::::!:::==~==='=======:!:!===:!==:=~==~==~=====Gastric Anclysis <",." Form 3 F'l NR N .WASIIT IDTON HooPITAL NURSES NOTES ~:&,l.// oom 0 0 ~e 00 ...~t"--"'"-".,-"--'-HOUR DIET -10Vo fluids,-OBSERVATIONS -Patient's status DAr&-TreatJOOnts Pertinent reactions to ....~fI A.He P ,Me --.--therapyo !jj'!!J-1{,,Jj g UUUU tttcU U~4/\.0' tlo (?")n A .J.),-a..l 'ry1 A ;'I--~l.~.._~-. If S~-J,-0·-+~---<- ,'r/61~~}P!L L-CL1ftt-t L/t.:& l!ALuU L10 Q .I f3n ,f)~.4.;of /l'-L/.A-LA "',/-- (ltzID..A A./J A~I.,L AI £!{~/'S;-(J;.):;(M i'h.~•iJ'f'1 -!J it!)~/LL...A.....!\:.jl'~(!.AA'Ilf LJ ;;L .. ,,~J 7J dJ'_/v{1L.lL t fCIl1 A -<----Ij'-/()~6-(~cP .L J.I~16'l.',! ,:.-.-/e)/i/J.A Ji ~'ldC/Yl p(11 //J}/}'l )..-.--j WLr1--<L ~(jIJJ..u I I (-/!IcAJfl) v ~\.JtJIyJh~ .~~ji ;:I '",\IA 'J-~v If/lJj /Atl:IJ x2d-(<.A...f..~~CI X{L;1 /~-~/h~u~\(I .;~,r (II!~/IJ.J i~//?t.--/A--/J!l " /h,!J~.J '>1.i /-;fJ U II f/, /lL _=-,~/d.·-~·-'-'-~- ,A.--. (}jJL~q(.ylt~(...-1...---- I / ""." I \ - , .-- J /THE WASHINGTON HOSPITAL . ..--------"~ WASHINGTON.PA. SUMMARY SHEET r p SP W DATETRANS.TO RATE ROOM NO.RATE46135..00 DATE OF'BIRTH AGE 8..16.1900 68 °lfl'tTFtED MI NER FILE NO. 182863'E rronblt:E ROCCO w~RErr .-##ll:--'---~----::~~ji~iQ:=1EE;;;.MiPPLLaO~YE"RR-------L---;;:;ADDcDiRREEsS:tS -..1.._ A'Bro.131,SCENERY tifl"CTATE S41441-S-1'YER ADDRESS B'E'RMAff A'B'ER'MAN'SIf;A"SMI TH M.D.M.D. c'-SerW-ERY HILL,PAs ~~~T~·~sTU.4-20-9.. IMfD'I'CARE 210-05...o432A UMW..,...-:. DIAGNOSIS-PROVISIONAL FINAL '.,,,,~o<-~·1'·_.~;(. COMPLICATIONS ""--. ,,,,.';. •OPERATION CONSULTATION WITH SIGNATURE·ATTENDING PHYSICIAN RESULT: DATE AUTOPSY ONO M.D. ·..~ DISCHARGE SUM}~RY THE WASHINGTON HOSPITAL 155 Wilson Avenue Washington,Pa.15301 PATIENT'S NAME _--=:;BU.:::,.T:.;:T:.;::O;.:.:.NJ...'...:,R:;;O.=,GG.::;.;O=--CASE#..;.._---:;;1...;..82:.;...8-6..:;.3__ ADMISSION DATE:7-15-69 DISCHARGE DATE:7-22-69 HISTORY OF PRESENT ILLNESS:68-year-old male admitted with chills and fever. Four previous admissions within last year for arteriosclerotic heart disease, congestive heart failure,and chronic lung disease. PHYSICAL EXAMI~lilTION:Elderly confused male.Temperature 104.80•Lungs clear. Heart slightly irregular.Slow rate.Grade II systolic munnur base.Abdomen- soft,nontender. FINDINGS: 7-17-69 :..Chest X-ray:Marked cardiac enlargement vdth chronic interstitial f'ibrosis in the right base,and chronic pleural thickening of the left costo-phrenic angle.Pulmonary emphysema. Urinalysis:Appearance,dark;Color,amber;PH,5.0;Specific gravity,1.021; 1+Protein;4+hyaline casts;occasional REG;occasional \{BC. Hematology:HGB:13.6 -13.9.HCT:43 -43.REC:5.56 -5.66. WBC:4,600 -6,900.Poly:85 Stab:·1 4YmPh:13 Mono:1. REC Morphology:Moderate microcytes;slight hypochromia;slight polychromia. Blood Chemistry:Ca:8.6.P:4.0.GlucoS9:125. BUN:32.~Uric Acid:8.3.m101.:195.T.P.:6.7. Alb.:2.5.Tot.Bili.:4.4.Ark.Phos.:223 -251. LDH:432 -364.SGOT:195 -160.Na:136.K:3.3. Cl:96.CO2:28.5. Urine Bacteriology:lucroscopic,occasionalliSC,4+hyaline·casts;Screen for bacteria,negative;Culture,sterile. Electrocardiograms jgl:.First,atrial fibrillation.No acute changes. CONSULTATION:Urological service -Patient has urinary infection. FINAL DIAGNOSIS: infection. Gram negative septicemia secondary to chronic genito-urinary COURSE IN HOSPITAL:lir.Button was treated with IPPB with Isuprel and Alevaire, Digitoxin,SRS Penicillin,Ampicillin,D,yazide,Neg Gram and Haldol.Discharged improved after 7 days,home on Neg Gram,Digitoxin 0.1 mg.;D,yazide 1 b.i.d.,Haldol 2 mg.t.Ld. Fonn 301 PCS:ng Perry C.Smith,M.D. " THE WA~~ON lfOSPITAL VVASHING~9N,PENNSYLV~ HISTORY Date'_____lIour:A.){._____P.M. Chief Complaintz History of Present nlness: r IJ~ Namez Family History: Social History::. Systemic Review: Signature: ---_."~~"'~-........_~~~~~~ Intern Attending Physici~n 2 '2 (saoJdForm-'. ( ~es: O'l\!HOSPITAL WASHINGTONl.-.~ENNSYLVANIA GENERAL PHYSICAL EXAMINATION General.~..&f~!PI~ fkin..-}I(~i>.U/~-~ <pi?R L A--/I/.~ Ears: Nose: Mouth, Throat: Neck: Chest: Breasts: Lungs:fvA- Heart: Abdomen: B,P.--- (~c.h.).. ~i~ F Ol N 1~rJ.J~31eO._ t.......Form 32 (Fron,,>· Genitalia: Lymphatic: Baclt: Extremities: Neurological: Rectal: Vaginal: -- :L.,.ression,(i»~.~. @ A:;'tf'~...{/iF O~~ (J.MA I~C (j'#-. /Signature:r?, j, ~c:,~____~~~~~::;e:.._-------Intern···· -----:1~-------------Attending.Physician • Form .)2 (Baok) ..,'.-"'~..'" ,-----..................-._.~- THE WM .u.lmTON HOSPITAL . ,WASHINGTON',PA.'".., CONSULTATION .TOc..z~--e,1'-="NAME~:£0& Please report in regard to Admission No.;,-j?'),.?C:....:> .. WARD'//~/is referred t f ult ti~,0 you or cons a on. ~,~-------- ___Opinion and recommendations only Date.....,........--,'--.,'-0; Date Hour----_---:------ required ). ,il rr~~.~~,~vffil }A (Use reverse side if more space •A--.il /l~.0JJO,r~':/r ~~ ~t tt//l~J/\ Findings: Consultant called /A.M.~ To _~~-lJ,..I..:4.l~il"i.i----------=M.D. Opinion,recommendations and write orders--- ,/Opinion,recommendations,write'orders and follow--- ___Proeede with neeessalY procedures .~~<:~_ .Accept transfer of patient to your service Diagnosis: Recommendation: Fonn 38 Consultations are ,1 ~::-:-_-:--__\~~_",..,...--..,.'M.D. Signature o~Consultant to be written 1 l-I I I I!"",:('.; i .; I '.j '. - ---------'--~------------------ ,FO.Iom,·.l....;"J.,.~THE WASHING"!'9N HOSPITAL (/WASHINGTON,PENNSYLYANIA~~!'lt~V '=~=/~='~~=_=__~~~~_~~_~~~~~'~~ ~E1 '..DOCTOR'S ORDERS DATE'PROGRESS ~OTES IIJI /'/?1r/ I II 'J " /If)1---+------------..·----1+-+-1--+-./'1 'Jh~----'-._- ,,/I G , 1/\:-:7 /r II"I \\IJ fro.....I J~/J I ~L~.-/J'~y--~)p'/./j'--:"'-1 ~. 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'..........'\.,\'ROOM NO.,_.,FILE NO,LO_,-..3 __--'-'-----:....__----l ~__~~ Routine Lab: I-~~----·---.---- I • FonD.1 (Preprinted)THE WASHINGTON HOSPITAL WASHINGTON,P£NNSYLVANIA A~====D=O=C=TO=R='S=0=tR=O==E=R.s~======t=D:;;A;:::T:::.IE4==jF=;===iPqR..?FG;:,;R~ES~S=N::;;O=T=AE..S=~===~ j .L J.),A -i A Y.IJ."-/J•.! /V""'"",/~to Il fjDIET: SLEEP RX:\IV'-y"t:I &" L..:.o...-_-+-.::;..;ST:.::.:AT.::..;;U;..:;;.S,:...:_+-I_\~--I-It\.,II D r J)' r-/ \-·-rtJh;--"tL,Jtl,II~A--,Lt---Jf,cAI~i:7-,.,~Z;_liiQ'I'_t7"""~Ambulatorv """w ,----., B~d rest \+__--tI-_-U-Ii~------'Of::-.AA---.I-.A~f.I,'W::r.~CJl,.A'!.Ir.I.e..IJ~---=~-=.,!.c---___IB~d rest a~d bedside commode .iJ _J..U /~,ill~II I A I'...-r ""~ed rest and,bathrooID privileges ' ECG:/\~ / r'Tf:H"T"'",:S"""X-RAY: LAXATIVE: /t ·..-r-..1 A 11 ( I \L 114.~(/.)-K '~...-'WV'"/I /1/V /J ~I I \..I~, v I " (I /1/I ,I LT ,)I \(..'V /1 '/\1 r-7f":::::/__:r~~\rv,--,,--'i1"ct"-----\£----.-----+--+------.-----.- ROOM NO./...:..../_t...:-V _ JF')"1 ';)/(J Lot}ti-J FILE NO._:..-------I THE WASHINGTON HOS'PITAL WASHINGTON,'iENNSYLVANlA ~E -..-... DOCTOR'S ORDERS DATE PROGRESS NOTES..- ./(,.II I '~,/_I nJ/AM Gut fA rn ~~~'"','--I (/, r-•\/ .,~/\oll(1Vl'I ~--I-. /\! ) ~7....----.'-v-L._~f tLL .WJ (~~(-Z-/I I \/-------v ~.~--_.~-_..._."-,-------,,1Li."'"/II rI r1--~_'1 J / ~\("~,,._..,~/II I ~\\1''"'~----~~_.--..,_.__._."._' \""/ ·_4·_...·._ 1\__~--... ""J ""'Y \l)/~{/h \)/1~ \.)/<""\...-I--"/../V V I \'""\I 'X V,;;",I!;/,!--,"'-7''/1:_fd,,!(!../ ./KlV v \,\/........ I /)dJ()lu./"d,rfl I~/;;AO "Ii \7/I;:r-Wb-~"/.I}"/l-_.."'""'."~" ~~,------"')/ /J--------('1//' I )'--JVI('IT v ....1/J _l\.,W n C7 .A IV /\Y'lF"JJ ~•)1"\./ /J ,/(1/fJ J/, l V V'J,/\.....j/ 01\IV"\/ "/ I J), I l J '"A 1[/1 II VV AAAA V\N /'f'/ 'I JI "\/'A~/"/ I I <JlIW v I.- /,,J(\JJ\II ~""v·!/_. \ ,,-...-_.-....---.._-- :~.. NAME:.;t-<.£Z<!-~L.//1/;n!--f~-P---/!c/v~J(,/,ROOM NO"FILE NO./4 ...:I I .'1 "" I -~~ ,. : THE WASHINGTON HOS'PITAL " Form 1 .~.--.:."" WASHINGTON.PENNSYLVANIA . ~E ----_.- DOCTOR'S ORDERS DATE PROGRESS II:OTES- /" #1/)'(J ~~A //1 '[//"J,,)/~/JI/l ~"L/~~f~d ~./11 ·IA#. /./)l,,('/"'",\7 V'~1/''''-/oIV"{/;-. I .A . I )-;7 -i"c..I!J // I '"~I/ILJ'-(~;.~-------._--~-~~~::J-~/vI'/I -/....1 /rJ ! /; 1:r~()JV &~._------_..__._-.---_..~-- .------_...__.•...__.__._---._.._------/J------~1);A?f'/1'......A-4IVA.~rp-v,.·v-_..-~( --...{II ---,.L"""\ \j l.,....I'I.A.I t5 (V)I~~...•J 111tJ if / I _"/1.11 ~_j/#7 ,,-,-/UJi/7 (.¥/,.-.....-(e---''"- ---_... ,----,~r ~~ ! I:i : , II , I, i - i~r~_...____-I -_._-----~.__.- j .-.-.. I (l~~I liw:r ~\\)I !,f )//b.51(J k:/I NAME:ROOM NO.FILE NO. 'l J I'. -- ---------------------------------------------\ WASHINGTON HOSPITAL WASHINGTON,PENNA. XpRAY CONSULTATION 53290 X·Ray No - 7-17-69Date..,. Rocco ButtonsName .461AgeRoom .. .Chest .Request Examlnation ot _ Berman Service of Dr. Roentgenologic and Fluroscopic Findings: 7-17-69 -Chest: .. Re-examination of the chest and cortlpared "tiith the film 4-16-69 again reveals marked cardiac enlargement to be present with chronic interstitial basilar changes seen on the right side and with pleural thickening obscuring'the left costo-phrenic angle. Pulmonary emphysema flattens the right diaphragm. diaphragm is fixed by the pleural adhesions. The left Impression:Marked cardiac enlargement with chronic interstitial fibrosis in the right base,and chronic pleural thickening of the left costo-phrenic angle. emphysema. PUlmonary .../', e..__..___-_;~~...........•...• Roentgenologist Form 10 E.M.Turich,M.D. ~-----~----~~~--------_._--_.~-~--"---_._------------------~.--~_._.---~.----~----~_.-"./.,,THE WASHINGTON HOSPITAL LABORATORY RECORD" .'~~WaShingto:,Penno•. NAME /1'.2r~3 ROOM¥P'/,~FlLE NUMBER ADDRESS DOCTOR --REPEAT-PROCEDURES--HEMATOLOGY CHEMISTRY - HCT WBC OTHER DATE NA K CL CO2 DATE BILIRUBIN SALI.DATE HGB ~_.-AMYLASETOTALDIRECT CYLATE .' i J : i iI'PROTHROMBIN!DATE SGOT SGPT LDH HBD OTHER1!JhO "3fo4 IdLlfJiro ..$1, 1-11-1'1 DATE SECONDS J PATIENT CON. I ,JiI!, I 1;!i I I DATE POLY STAB LYMPH MONO EOSIN BASO OTHER DATE GLU- COSE !/:.', I -- DATE MISCELLANEOUS I : . URINALYSIS D.HE APpEAR COLOR pH SPEC.PRO·GLU.KE.CASTSAHC£GR.TEIN COSE TONES HYAL.GRAN.RBC wac OTHF.:R I I ..I I I I I I I I I I DATE.~~cJ REPEAT PROCEDURES PAGEL!NAME .. Ir'orm 22 (Back) ,.{,"_/_,_'CL~",'<~4 j _I"to~ /·THE WASHINGTON HOSPITAL LABORATORY RECORD /./?.I-'-Woshingl'o~n,Penna.NAM~<=..-r'1:::u.._./'~4A~~D=-~o/--='/A.d.,._f"~~.11--''''L:/.d'?%_./_FILENUMBER If;<f~3 ROOM t\DDRESS,---DOCTOR:---:7~~~=:...:::..~~=~~-------_ URINALYSIS 'I'DATE APPEAR.!COLORANCEI pH SP.GR. ;;.,.,I,()~I PRO- TEIN /-1- GLU. COSE KETONES ~_.........:C::.:A.:.;Sc-:T~S:...-.-__I HYAL.GRAN.- Rec wee SULFA CRYST.OTHER I O"-TE URINE CHEMISTRY DATE PSP SPEC. I SPEC. 2 TOT.. t:~ POIKILd. CYTESPOLY. CHROM HEMATOLOGYI !==D=A=T=E=r=H==G=e=;==H=C=T=r=R=ec=rW=e=c===r=P=L=LA=ETT=E=-.TR=E=T=IC=.=r==S==E==D==.Tp=O=L=Y==;==ST=A=e==rL=Y=M=P=H==;=M=O=N=OrE=O=S==IN=r=e=A=so=r=O=TH=E=RT==R=B=C=M=O=R=P=H=O=L=O=G=Y=~ !1 HR. DATE OTHER:OTHER -----_....'T\I.....l\',i P GLU.eUN URIC CHOL.T.P.ALB.TOT.ALK.LDH SGOT DATE elLIRuelN AMY·SALIC DATE CA COSE ACID elLI.PHOS.LASE YLATE pel T3TOTAL.DIR.I 7-1'-(,'J g-,t ~O bS-:/.2 }';3 IP>6·7 ~f"~~.)...)J ~/PS--ro1' DATE Nil.K CL CO2 pH DATE HeD SGPT THYM.CREAT PHENYL DATE SERUM TOTAL UNSAT 0/0 FIBRIN CPKTURB.ININE ALAN.IRON IBC lec SAT.OCEN 7-15-tfj /3(.3.~9t Dt..?~ BSP ACID PHOS. DATE B-LP CEPH.RET.DATE DATE OTHER:FLOC PROST.30 MIN.TOTAL FRACT. SEROLOGY BLEEDING SURVEY COMP ASO RA MONO.G.PIG PRO.TIME BL.CLOT.CL.OT PCTOATil:FL.OC DATE CRP DATE DATE SECONDS RET.FIX TITER TEST TEST TITER TIME TIME SEC.PT CONT.I HR. 7-1t'-t111VR . CEREBROSPINAL FLUID MISCELLANEOUS REPORTS I,- DATI!:IAPPEAR.Rec vlec ""«:'c GLU·CL PRO-G.G.COMPo DATEANCEPOLYLYMPHCOSETEINFIX. DATE NAME~~./LABORATORY RECORD PAGE / ·'orm ??'FroDt ) THE WASHINGTON HOSPiTAL LABORATORY RECORD'.~WASHINGT~N.PENNA.~AM~~)g;;;81,3 ,.L/~LFILENUMBER,ROOMut-:JJ.-ADDRESS DOCTOR -",~-_.~.-....._--.-MICROBIOLOGY DEPARTMENT Urine Bacteriology_.--- SCREEN FOR CULTURE !/l t.DATE MICRO BACTERIA i \7-/~9 :~~/t'.IJ-Ir 71LfJ z::tWl..,0fA~JL?_1L-(P I v -- ,i' " .,. Acid Fost Bacillus Pregnancy Sputum 24 Hour Urine Other Specimens Test ; SMEAR CONCEN.CUL.DATE CONCEN.CUL·TYPE SMEAR CONCEN.CUL· DATE SMEAR TURE SMEAR TURE DATE SMEAR TURE DATE POS.NEG ADDITIONAL REPORTS i , i Stool Examination ,Stool Culture Anal Swab !OCCULT TRYP.COLI.PATH·ENTEROBIUSDATEBLOODFATSINDATEOVA.PARASITES DATE FORM OGEN DATE VERMICULARIS II tI Gastric Analysis Miscellaneous SPEC.FREE TOTAL LACTICDATENO.HCI HCI ACID BLOOD MUCUS DATE SPEC.SMEAR CULTURE I .FAST.II #1 #2 #3 febrile Antigens Cerebrospinal Fluid PARA I>ARA TYPHOID TYPHOID BRUC.PROT.APPEAR.DATE A B 0 H ABORT.OXI9 OTHER DATE ANCE SMEAR CULTURE DATE OTHER TESTS I I I l _.... MICROBIOLOGY PAGE-I--_ r,,,,,,,,,..·--:-~nt'M~"-"""'*"\1!m.'K~~_-...~_!iIlt3"':·....~.:t"'<'~. 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"" ~-•I.ii'.--: WASHIOOT-0N HOSPITAL -Form 3 NURSES NOTES ~~'-\='---''-~I>.J &..-t'..--{~c?Room No.,(t,(File Noo If:;2 .-('bY", I HOUR DIET -L.V.fluids,-OBSERVATIONS -Patient's statusDATETreatmentsPertinentreactions toAoMoP.Mo -.-.-therapyo - 7/,;I ...I 1;1 J/),Ii,.d.-~7LL(..f..l7 iz..-:/>. .1././/.'/.J /'-""J/? .~" -,[!"C.-Lt. ! /I'}" I}...;v'},-!.je",,,-)-f-G-?-".:."'Z/,,,-~1.....,.tJ..:.6,r:J!.'!4-&--:Y'J....-;/L0 "5'JIi--l q~7.~Ant..ZA r]/i---CC_1?/"1-///l./,7d~,./~2c-?v J....~(./""£A:.-;, I./) i -).»,IT i'-e.l._./:1..-1"'/(; :-i /1 /(('to).(7/)?,J:'A·<"1 :Jio -~,'-(!/~/.'j .,/1--...I.e ,1,1 c:::t~",..(.(,,.'Y1<A/,.f ({'1 ';;I (),.;.../(.....(..J2.cC/., -1 (), jl /Y ,:",--?'0;/;(,/j ~;).//I/£;--~(...If)/J /.fT ~v-t'r b£~Ph1 r*b.pd k::J V . 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WASHImTON HOSPITAL NURSES NOTES Name__--iJ-~~.~U=;;:;:..·~hV-.;;...::·~:;...,.(1,__.:..j1\<__...;;;;;.r-c~::_.;-..<:=.;J~_Room No..(/i /File No o I IlJ ~C:9.()l.~i~tCtL\L-10~!\J CILCL~U-U!-UU/UL-GG/i I I ::;l~)1tl;)0;i,U{).()/i ATE HOUR DIET -IoVo fluids,_..OBSERVATIONS -Patient's status~~..-----l Pertinent reactions toA.M.P.M.-.---Treatments therapy.====I:~==t=====t=============F============~========- </I-yt~.O..,"..:<..~~/-t.t"""')'"\A~t-j ) I(1~}L,.%LJ rYLf-6t(~LG<.J-~?1 _-I ~t}~-~t~.-.,~,~~c!b··(: If-t-''''-t--+--+----------:---,---!---------------.(I~·J ' 1-"+--'+--+-------~--+------------·l .",.;.~-i .__.~--+--+----'--~-.";,,;;,;::':---.:.._-+-------------j I ..~,_------1-----l-_L--_L-=----.:,.;-.--'--.........,...,-.,.".~...,..,...._ CODE ,','.",.,.. M.D. ;'.' .SUMMARY SHEET WASHINGTON.PA. THE WASHINGTON HOSPITAL oIf'.-~_',l~ FINAl. COMPLICATIONS f flf.~. "~Ii1;1;l~I!!~~!. ! II I! I II I II I OPERATION .. ".-~..:. ....~,', €!i) n·DIAGNOSIS ONLYRELEASEDIAGAFl'CEI DYES DIED n AUTOPSY NOT TREATED "./;/ nRECOVERED CONSULTATION WITH RESULT: DATE .' 0, DISCHARGE SUMMARY THE WASHINGTON HOSPITAL 155 Wilson Avenue Washington,Pa.15301 Rocco·ButtonPATIENT'S NAME CASE#_ Adm~itted 4-15-69 Discharged 4-20-69 Tlrlis 68 year old whi te male lvaS re-admittedto this hospit al with vomiting and upper abdolninal pains for the past 24 hours prior to admission to this hospital. He had been recent ly disch J:ged with arteriosclerotic heart disease and congestive heart failure.He Has treated in the"hospital at this time "lith Phenergan for vomiting,intravenous fluid replacement,IPPB iuth Alevaire for shortness of breath.llewas also continued on his DIgitoxin and Dyazide and Perigoric for some diarrhea as a result of the Telepaque tablets.He became physically improved in the hospital i\lith the clearing of the abdominal pains as noted on admission. Obstruction series done on admission to the hospital did not show any evidence of ~cbstruction.Chest x-ray showed som2 pulmonary vascular congestion.The patientr~:fused to take the Telepaque tablets and an intravenous cholangiogram was done and th';re was a selective excretory function through the renal system ivhich might be indicative of a liver disease.There was no time fillihgof the gallbladder or common duct.The patient lvas very insistant on going home in the hospit ale He slept:in the hall dur:ing the night,.was conbative and easily upset,It was not felt that in vie1-1 of his gener'alized condition that further investigation that encom~agement on his part to undergo further investigation would be warranted. He was discharged improved from the hospital to continue with his DigitQ.."'Cin and Dyazide.Vistarilwas also to be used a,t home for any hyperactivity or disturbance l-l hich he'might encounter.It was felt that he was suffering from acut'e cholecystitis. Final diagnosis:Acute cholecystitis;arterioscleroGC heart disease;congestive heart failure compensated;and emphysema lVith pnewl~coniosis;cerebral arteriosclerosis with chronic brain syndrome.He was seen in consultation by Dr.Randall. 113~J). Jo Bonessi,HD JB/cdv ~''''''':,,:'"';""' Fonn 301 -----------------------------------~~-- (For use only on patients dischgrged withi'!.Jhe past four weeks with the Same diagnosis) INTERVAL HISTORY I=<llllily Nome Dote of PreviousHospitalization First Name I~ttending Physician IRoom No. IPrevious Hosp.No,IFinal Diagnosis onPreviousHospitalization '\Hosp,No"• Present Complaint:(Concise statement of complaints with date of onset and duration of each) .A'~~r.e~~"-7L .~c<-~S' z.-:-.,<:9;::::r /p~--t'~,:z;7~£--i?,/'v ~/7~O----- Impressions: "~---\/~Pf'yf ~~<-•.C!J/~/l__.~ (SIGNATURE.OF EXAMINING PHYSICIAN)--r?t-r---'...L-~-:;''(-(S-IG-N'-TU--R-E-OF-A-TT-EN-D-IN-G-PH-YS-,C-,A-N)-----M.D. Form 261 ' " , ,.i . CONS,ULTATI~.:~~~~ THE WASHINGTON HOSPITAL WASHINGTON,PA. Admission No:".J 7 jJ 6 :7 6 ,.\,",,."..,'~~ WARD W 7 is referred to you for consultation. "-r,.:e ,R.,..C-Please report in regard to ---:l~~=_~~s.--..e~'F------------_ ___Accept transfer of patient to your se ___Opinion and recommendations only _____~on,recommendations and write orders ~OPinion,recommendations,write orders nd follow ___Procede with necessary procedures _",~~ Consultant called -.;;A ..M./P .M.Date ...;By _ rTo__--¥.....-H-'"""'"-I.....-..::a..t......~.:;._._._;MoD. (Use reverse side if more space "'--0" -I..:>Hour------ .," Diagnosis: ," Recommendation: Fonn 38 'x-J2J-vS C'-'/'-T u4'/t .~J '.'"Jl ~71.--4-~7 tt;?k--I;-j A/I.J ~C L""ilw;/,{/k!;M.D.~t (-~ignaturEf of Cons~tant - Consultations are to be written I\ Iib- 'r n qn. Form 1 THE WASHINGJON HOSPITAL WASHINGTON,PENNSYLVANIA I DATE' L==r============-.:::.:-=:::::...===--=====r=-=r==='.=======:::=:;==== PROGRESS ~OTES_D~E DOCTOR'S ORDERS ,,I 1--- ·1 ~=.~--~--------------------------......., PROGRESS ,",OTES THE WASHINGTON HOSPITAL-WASHINGTON,~PENNSYLVANIA I I Form.1 !I 1-..=====.:=.====-;::===::;=-==-r====-============-1 C'4Tl!:/DOCTOR'S ORDER~l DAT.E I \'-/ '\'-_~::t================-=_.=-=-~~---..,..."....,,::___--t--+_----.-----'--------__Ij)'-~----::, r")--=tjJ1f1v~==::::::::-·-::::=:::::::::--=-=---=--=...-=-..=..._=.-='=--=-::.:;--:=·-===t===t=-------·----------....., I {"l -- '\rp,J'-'~/.._1 +-+-1 A~"X /7 (, )..' -~_._.- <J v \..:.-' I • / \~ ~07'-ROOM NO.__---<_!....-__FILEN~7/~20 -------------------------------, Form 1 .'THE WASHINGTON HOSPITAL WASHINGTON,-PENNSYLVANIA DATE'-DOCTOR'S ORDERS ~:;:::=============--==-..:-====;.=.======:;===:;====-===========1 PROGRESS "';OTESDATE "~_._//----------.--....V:({.t..Q.CLLv1 I {}",,+,~.~l'-{,W 1. II [V"f I 0./v I .__~~~~~_._.---~.-.•..~.d)/': fl"~/"'l ..I ROOM ~6._-,-0_°---J:--2 _FILENO./7/6 7D Form 1 THE W ASHINGJ'ON HOSPITAL WASHINGTON,PENNSYLVANIA /1 !I Vlr\-Z/_---.-----·-~_Jl~(L.- PROGRESS r..;OTES ._--- _._-----------_...__...__..._-_.--1----~---------------------j ROOM NO.---1:-~_..::O:....·...,.7£.-_7 FILE NO. WASHiNGTON HOSPITAL WASHINGTON,PENNA. 'X-RAY CONSULTATION 42430X·Ray No . Date 4.~.~.5.:.9.9 ~. Name ••.....................B.Q~.~.Q J?!:'!.~.~Q.~."Age Room 49..7.. Request Examination of _..............•...Qb.s..t.J:.'.uc.:ti.Qn s.e.r.i.6.S . Bonessi Service of Dr. Roentgenologic and Fluroscopic Findings: ,4-16-69 Obstruction series: Examination of tqe abdomen in the supine,erect,and left lateral decubitus projections reveals multiple splenic calcifications and advanced degenerative arthritic changes of the lumbar vertebral bodies and old pleural reaction at the left lung base.There is no unusual gas shadow or organ density. Impression: Form 10 Negat ill1li\::for evidence of intestinal obstruction at this time. .' ..~; ,:-.,' ._•....._._._._-_.__._~. RC'elltgenologist C.G.Rayburn,N.D. .. ., WASHINGTON HOSPITAL WASHINGTON,PENNA. X-RAY CONSULTATION 42545 X·Ray No .. 4-16-69 ' Date _. Rocco Button ',Name . ,407 Age........................Room ,. .Chest .,"'"Request Examination of _ _,,.. ............_u __.._._••••__•••___••••••••••••••••_. Bonessi Service of Dr. Roentgenologic and Fluroscopic Findings: 4-17-69 -Ch est : "[;\~__J."t 01:'.&.1-__'L..__.....t_.\.'L..-.onA ~__...t ...__,,,_,__..3 J.:IAc:U"'"u ....u ...vu Vol.ul.lO VUOi:l '".1.11 \,IUO .,I;on.J!.L·U JOU \,I.l.UU .1.'0 V Oc:l..I.i:l lIJc\,j.·n,OU oardiac enlargement.The transverse cardiac diameter measuring 18 ems.in oomparison with the transthoracic diameter of 29 ems. The aortio knob contains calcium and the lung fields show pUlmonary vascular congestion.' Impression: Form 10 to: ,0" Cardio-aortio disease and congestive failure.' .~: 'r. .,.'.;., -,.. ", !l26._.---._-_.__ _. R(\entgenologist C.Ge Rayburn,M.D. ---------------------------------, WASHINGTON HOSPITAL WASHINGTON,PENNA. X-RAY CONSULTATION Rooco Button Name :_. 42636 X·Ray No . 4-17-69 / Date ___. 407 Age........................Room . r.v.Cholangiogram Request Examination of _. ..................................................................____..___;;. ........._ __----_-_..___.-_... Bonessi Service of Dr. .Roentgenologic and FIuroscopic F~nding8: .4-18-69 -I.V.Cholangiogram: Following intravenous injection of Cholografin selective excretory function is present through the renal system and at no time is there filling of a gall b~der or common duot. Impression:Selective excretory function through the renal system,could be indicative of liver disease. ~--_.._--. Roentgenologist E.M.Turich,M.D. Form 10 r;:;;"-'><"";.....,---.-.--~-_._---------------,,=-----~~----_._- , .T'HE WASHINGTON ~iOSP~TAL lABORATORY RECORD ~~---WASHINGTON,PENNA. \F;;'E ~UMBER~ROOM.V67NAME ADDRESS DOCTOR ~ ..-_.-.-...._...--MICROBIOLOGY DEPARTMENT ..Urine Bacteriology...... SCREEN FOR .' DATE MICRO BACTERIA CULTURE ....~ I' Acid Fast Bacillus Pregnancy ~ ,Sputum 24 Hour Urine Other Specimens Test, CONCEN,CUL,CONCEN,CUL·I CONCEN.CUL.I I SMEAR TYPE SMEAR I,DATE SMEAR TURE DATE SMEAR TURE DATE SMEAR TURE DATE P~S.i NEG i I I I .I ADDITIONAL REPORTS Stool Examination Stool Culture Anal Swab OCCULT FAT TRYP.DATE OVA·PARASITES COLI.PATH.ENTEROBIUSDATEBLOODSINDATEFORMOGENDATEVERMICULARiS I I II Gastric Analysis Miscellaneous SPEC.FREE TOTAL LACTIC MUCUS I DATEDATENO.HCl HC!ACID BLOOD SPEC.SMEAR CULTURE Iy~;u;~'?J~fj r!.}u.1 ff ...~HIA IA (,.$:.3S~/17.)FAST. ';::1 {j ;;2- ;;3-Febrile Antigens Cerebrospinal Fluid I PARA PARA TYPHOID TYPHOID BRUC.PROT.APPEAR.DATE A a 0 H ABORT.OXI9 OTHER DATE ANCE SMEAR CULTURE ...D"'T~~THER TESTS . , ,. II . i ,, ~.."', I DATE LZ ~MICROBIOLOGY PAGEL_1 NAME . !. ! ~S?l SPEC.,SPEC,ITO-r.:..:,2 I ,~DATEII. .t",". ",.~, DATE I URINE CHEMISTRY 1 .'..I "'-'- wec I --"- DATE !APPEAR.COLOR pH SP.GR.PRO-GLU.KETONES CASTS SULFA OTHERANC~TEIN caSE '-HYAL.-GR~RBC CRYST. ~!/1-(',,1 ---I·LCt..~ItJ)100Y ,_,-:---_.----c<-L dL-J) I 11 '...I I I',-'..:'," ; L I '::,':.I I II .'.-I'. i "'I I I'.......... I'....C':':·'..I I I ,',,;;'HEMATOLOGY.'. I POLY ISTAB " DATE HGS HCT RBC WBC PLATE.RETIC;.SED,LYMPH MONO EOSIN BASO I'RBC ,~AORPHOLOGYLETtHR,i OTHER II 4-/{-r,1!/3.1,i/1/!f.,7tD ....'()dd-.Lj /,II MICRO.I HYPO-I-.,~..',CYTES CHROMIA.' ~..''111'13,0!'/;.1 -17SSD ,';::';Ii MACRO.I HYPER.\;.,'",il CYTES CHROMIA I ! I ii POLY.l,.Or I POIKILO'II!l CHROM CYTES ; THE WASH~NGTON HOSP~~AL lABORATORY R~CORD ,(~"~.:'.-;.Washington,Penno. i NAMLX~.=,---__U-=-""--'<:=.U.--:,..JftrW FtCE N~MaER~-2J76~,t'RO:!, i \DDRESS '"'"----"-_-----------:.·--DOCTOR )~..x --rf..tf_l_--'--_ i-~-.~=========:=======~=:==:=~:================--===.r---URINI !YSiS ,I Ii OTHER BLOOD CHE,t\~ISTRY...:..:..~.' OTHER:DATE T3PDATE!CA GLU·BUN URIC 1----:--1"I I TOT.1 ALK,!I II BILIRUBIN AMY.I ICOSEACID,CHOL'I·T,P.ALB,SILl.PHos.1 LDH SGOT DATE,iT"T'"'n.n !LASE I~AL:~P81 I,,I ~I II •I '-'''-I -....I I ''-AT i I il;"f.!~8 liP 112 Ji ce/lj}6')7 ~711;2 /I--f /f.6TI9 IY-IS-r..7 /0 10,01/66 I I I DATE NA K L CLOT I'RET. 1 HR., i r"CLOT.I TIME BL. TIME I I I BLEEDING SURVEY I I MISCELLANEOUS REPORTS DATE I PRO.TIME r 'SECONDS I PT I CONT,I I I 1 I DATE I OTHt:::R: I , ". I ..';". .' MONO,G,PIG DATETESTTITER .... '."",': ,.I.' PRO-"'·"'G;·G.COMP,ITE!~FIX, ..'...•',I ,I6?V"81~"--'''':..::......=-----~ABORATOR~-RECORD PAGE-J_-1 CL DATE DATE ,'.t.I·" "" ASO..RATh'ER'"'.TEST PROST. FRACT, CRP SEROLOGY. c:c :......~",._...GLU. POLY LYMPH COSE ACID PHOS.: TOTAL WSC CEREBROSPINAl FLUID DATE RBC ,,, COMP FIX I ssPB-LP CEPH,RET, FLOC 30 MIN. FLOC APPEAR. ANCE DATE NA'c'E ~ii-:("U DATE DATE DATE ·'LIMB LEADS 1 0 :t:::l M0~n :::l t"- tl M -<'-l"'iZ~,0 J "~.,..C)9 =---:..-::0 Cl>tl 08S.---:-08S._ 2 AVR OBS.---------------..:-...~-_ AVL JT1r JT1 () ~ ::0o ()» ::0o-o G) ::0.» "U :I-() ::tJ. JT1 ()o ::0o :~1Ft =;:..~~~~.~=-=-=:I:E::~::~I~~:::::==~='=:,.:::.:-:::-:; l~e~""~~,~~~~~1~~~~e;;~.•; ""0»-; ITlZ-; 08S.~_ 08S._ AVF -l{-'-,'O"'--Q·R·S INT._::::.(j.i.l.~'-'_ /(0 Q.T INT.--'- __"""4.""'.J_:l:.:I.,;:::....J~_)c-/-,-__S·T SEG._ .1/~...-~._---.,.,/~./l.;.~'.....-(T WAVES /-r"'"J .11..i.!.1 /},r {I:I:~'.fJ..t-d.:v OBS.-~-_ P·R INT.~-,-t-,,-0__----::_HEART POS.-c-_ OTHER &REMARKS:_l:::..:·~-.::I:::..j_E"""Il..==-·....JAUJe..LE -:-_~i:•,.-'ty- PRINTED'IN U.S.A. ::-'3:CAL DATA 1~/r.;Z1o",'/If 'F-,-m_-. !'-'-~'liT"B:P"ETC,~_~:',':'tL~ ,:'--~~j~.-'---- '''::::CATION,D~tlS QUINI~~~ Ery~S 0 NO 0 YES [.d'NO 0 YESD NO REMARKS ...;.;.;...._ ?f~~--,----+-(~_t.".L.":'7.!:..---M.D. CHEST LEADS .\' ........ '.",~_:") "".'..'.;__:...\_.;-+;-'i +,----'-.:..:._;-.~-:.---!--~..----------'f------- ._":'"1 0:-::R TEST OR -I<.~:::....<,~J....£~.L..Lr.q,j4.--I-&...I:L-~- P.!~!ENT DATA __+-..__~~_ L~D Vl Cr:1 c::~1 "I\.o~l LEAD V4 CF4 CR 4 Cl4 08S._08S.-'-- :..::AD V2 2Fa :~2 eL2 '-"1"""""'-",.......~=~=r-3~'-::=~:-::;~:~~-=::-~?~:~~~~--~:~~:::$~~ =~=~:;~~t=}=h~.~'~~,~~=.~::::~:~~~.~~~~~:~;·~h 1m ~~:::=l;=~f:=::~t~~~~:~~.j~i~~:~~_~.'~:~~~:~~~~i~~T:l:{~~ :,::I~·:C.~f-"==-.:.~~=~:::;':::~Ti:::~=~::::::~:~:.::~:i::=--:I:'~~i 24!.•~~~~~~:.~•..]A,l·~ ~.E~·~t~~-t~-,:~~:~~.~.;.~~~~~~~~~:~~~f.~~~~~:~_~~:J-'~3'i§:'~i~~ .::j:=!,=:-=1:',;·~·:;E.:S~~~J.i.":';:lEi:ilii·d.H:.i£ibi ;".,.;:;+:"'b illi 08S._085.._ :'EAD v3 ~r: ,.;;...:303 \?f~:~:~:-"I:~~.:c,':=11·t~ttm11?t~:m~~f:j"1j'ffi:;t'f-m[j]f· ~::~I i~':,:::::;::1:::~:::::::::i::~~i~::::::><:+~~~:<~~~:' :-:~:;.~;~.;~.;;:,:-~:!:.::~~~.~-~_~:,;:i::;::-:::~::::::::." ••..0"'~~.::.::. LEAD V'6 CF6 CR6 CL6 08S.-'-_08S._ .--.------.~1.j .'.,., I·,I .. WASHIOOTON HOSPITAL Form J NURSES NOTESJ!~C(i?a ~~U Room No..02 File No./'Z t b70 . HOUR DIET - I ..V..fluids,-..OBSERVATIONS -Patient's status DATE TreatIoonts Pertinent reactions toA.M.P.M.-._.-therapy...- ~J ~)"L"-le)·a ~h<'11 .'7 (,.:/&:-.0.......~..LL.~.?'..,,/- 1/--..,..... l/l d//;.//7/4.//././~)/././..../.0--/~ .1 /l/'--I,-)/-jLf'%'/~1.:J I t (A'l'/:.,)"'.t/---- .!/du.L,.'/~L>2.~jJ . ? ~/./-./1 .·c-~./'~.~./J~A"/'~.//'J or",,'A /1..-/"'"'' I,t/' /I Ji ~/.I ,(J7'lh..J-~.'.I /-,<../1 //L ~_~J4 /~ AI./':'-/• '---- $L/Yv1///~/;;r-/./-J.--'..4 .'/:.// .~vi.. 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I ....~.~-.--...-_.......-..........- ..........."w....._~_.--_..-_~~"Il\>~ WASHIIDTON HOOPITAL NURSES N01'ES .. • Form.) Room No.*7 File No./2 ,f'&Z 6 HOUR DIET -Ie.Vo fluids,OBSERVATIONS -Patient's status i;.1J L-A-oM"':';o:";;";-P-.M-.-+_-Treatments i~~;~~t reactions to :d=~~t==~===;==========F========~======="-" lit;,-1Ay 1I,.g-f-lRI L SOI7I.6/,IOtJ)f-f1 -&faIJ. , ···~""'--·~L--_~--+------------+---------\--------j .'---.'.~,-~I-----------------_.;"'''''",,-!'1---+----~----1:-~:·~.'.-.-'~1 ,-~--'-------_·--------L--------~·~------'·-l 'f.'~~~-_.:~..".",~ Room No.Y/'7 File No.z.//'t:.)~/) .Fprm J ~:;"..". WASlIT NJTON HooPITAL NURSES NOTES ii, 9~f"rf rVY'./1 v " ~#'Alby£u oll..U ItJo:Jb /~/!J-o 0171-£) If!.;. "-:r~ !~ 'lid r , ~j~--..(,-~.Jr tY(O-1- ;i3tJ;-- f'Ilc' ! i~· r t;1.'!,/ • WASHI OOTeN HOOP!TAL NURSES NOTES Room No.t:t'z / Form) File Noo /7'/C ?c). ..,..~,.,, I "'- WdBi rli"l"ON HooPI TAL NURSES NOTES Room NOe~Z HOUR DIE',r -ISe fluids,OBSERVATIONS -Patient's status J.A 'IE I--~...----+_TreatJOOnts Pertinent reactions to ;::."=i=~A~o~M~o =F:P~.M~0=t=-='-='==============f=========t=he==r=a~PY,o========::;.,_,ht:J /7. L I I L.-I_-+_~__.~-+-__~~----.': --A-L.--+--I---'-l-__~__'"----~l L I""·.•;(it~~'>,'••,~.,'e"'"''!1t<\,....!.,.",~-"",','""'¥'~"""''".',0 ".....n;"i,Jr.L;,•••f~'~~~~~,*'/i';:":§.IQf-"+4""~g\m'~:>;\i%h!<i,,'L.jia>\,,jJ,C'tL<ifMii;)?\k'f.&"""';';~~'Y"t0~~k-,*"\~"....."'"";.<...a·~~i!.'".,,...."""".~~, ,.r .::.~t../' y...~ I;- ~THE WASHINGTON HOSPITAL WASHINGTON.PA. SUMMARY SHEET •~~.il~;\,""',j DATE RELATIO-":S;-ii? 1Ri£W T9t;Qt8~ RATE RATE \.,- ADDRESS ADDRES~ TRANS.TO ROOM NO.IAGE 68' EMPLOYER / DIn'E OF"mRTH 8.'6.00 DIAGNOSIS ..PROVISI'tiOS SKED i MS• .Sf!t.191.S 41~t~, '10.05.0432 /'"VV\1>-c..C\~~ FINAL,,u·~2)~(~tF' ..\,,v, ,~, '.",' :".. COMPLICATIONS 'j;. OPERATION .. "~'. .:.r,.". .,....'...~"';. .~, CONSULTATION WITH AUTOPSY DYES D NO (7).M:D,OI'lTE _"_ES_U_L_T_'_....:-__RLIEC_O_V_ER.Ji_ D _L_'[D(_'-!-I__N°.LI_ I M_P_R_OVL-IE_D--t._N_°L-1T_T_RE_A--!.TIE_D_LI_--!.I_D_'_ED---LI_--!I_A_G...J1LI~_lg~_AA_S~-!.I_IC_E..!I__D_IA--!.I_N_05_IS_OLIN_LY_ 7/~(G (Y1;;~,.,~.." 7Ir .... DISCHARGE SUMMARY THE WASHINGTON HOSPITAL 155 Wilson Avenue Washington,Pa.15301 PATIENT'S NAME Rocco Button CASE#/J.5(;-;/----------------Admitted 2-15-69 Discharged 3-3-69 This 68 year old white male was admitted to the hospital with congestive heart failure and is a lmown cardiac t"lith congestive heart failure problems in the past.He has been irregular with his medications and I don It believe he has been taking his diuretics or Digoxin preparations as described.He has poor liVing conditions.He cooks for himself and is really unable to care for himself properly.He came into the hospital at this ti.roo with congestive heart failure once again.He Was treated With Lasix,Diogixn,Dyazide and had an uneventful recovery. Chest x-ray revealed congestive heart failure and the followup chest x-ray ten days, later showed considerable clearing of the heart failure findings with some residual plellral fluids.The electrocardiogram shoVled some sinus tachycardia and right ventricular hypertrophy.There'tre no acute da.mages. Final diagnosis:Arteriosclerotic heart disease and congestive heart failure. ;'.~.-'. " -;;;'-': Form 301 THE w ASIUNGTON HOSPITAL WASHINGTON,PENNSYLVANIA ';.;.~~~~ HISTORY--OAt".-_""Hours A.){e______P.M. ~r Chief Complaints ! ~~-l 'L-0 C?~~~;J ,,,L.~ .~+. ''{-..~~'- Lv~~'lD- History of Present Illnesss '. .~.~ c9------~' ,~'~"/V~~-~ Room No.,{?!.,?'File NoI Z,5J.2./ ~~~~~~~~~~~~~~~~~~~~__Fo~~~~nt~ ·.•.~-~""..._. Ui~tory of Past Illness: '~",....... Family History: Social History:. Systemic Review. 1\[\CLi~, Iil " Signature._,-'6:....._·.""'""";;;...'_=_.Intern f.I Attending physicinn-~----------------- Form 23 WASHIf<;.q:rqN HOSPITAL ~WASHINGTON,PENNSYLVANIA..~ 'GENERAL PHYSICAL EXAMINATION General: Skin: &yes: Ears: Nose: Mouth: Throat: Neck: Chest: Breasts: Lungs:~-Pt-e_~~'~~'r ...~J-~, Heart:B_'.P.."t~~C';/~,JiJ (J '2 7 ~/--<-"s Abdomen:~...,>" . .~"~-'=r.....-."'--- Name:c4v~.J Ro01ll No.,;-zJZ,File No ./..7 ~}. Form 32 (Front) .. Genitalia: Lymphatic:,··"II"II .~UL-t:~~ Back: Rectal: ~ Extremities:/lw J~ ~r-.;;~IL(~ Neurological:f-\If~ ..~. Vaginal: i I IIiI ·1 ]; llI I j I Jj I,i Form )2 (Back)I fJ~ ----/7Z7~---------~----.._--Intern·· ...~---_==:::::::::~Attending.Physician Signatures ~~o"j FonT1-1 (preprinted)THE ·WASH.INGTON HOSPITAL WASIIINGTON.-PENNSYLVANIA FILE NO.I 7 J-r )--.[ PROGRESS NOTESIDATIf.: ROOM NO. :------ Bed rest Ambulator Bed rest and bedside commode ;..../X-RAY: Routine Lab:- SLEEP RX: STATUS: PAIN RX: .Bed rest and bathroom privileges----:/_..__._- Tl!.*====:=:O=O=C:=T=O:::::R=·:=S=O=:=R~O;,=E=R.s --I--..s.r-~--tfT---~--=----I---Ir-__.+--1..L7-+-C o.-vlr-L..J2. ------~~~~~~~~- Form 1 THE WASHINGTON HOSPITAL WASHINGTON,tiENNSYLVANIA -~~=========D=O=CT=O=R='=S=O=R=D=ER=.s===-=-====r=D=A,=T_E=..r,=,_'====P=RO=G=R=E.S=S=N=OT=E=S====~ /.-----_. ./ /)I / / --1 / --I-----+------.---,.--.-----------I--.-t--------------- ----+-----···---·-----···------·-·-·'--jt--r-----------------I ROOM NO._t"",-.0_0_2e:-__J 7S-YI-;Y'FILE NO....:--1 'Y'VFILENO.QJ ,'.ROOM NO.So) ,.- Form 1 THE WASHINGTON HOSPITAL WASHINGTON,-PENNSYLVANIA . .=-.E .----------_... DOCTOR'S ORDERS DATE'PROGRESS NOTES.•.- /,I ./7 ~I ~-'l-VC '1~~-1,/)(;(-9-V ;r<I~V'l,-L--....,jI _.I (~,j //- ./1~,..' III :'(/(//~/.~(/-'"~-c-.'~l~-~":'(p "- .--,\:C)~ //~t~/~~f.--!A'- f\('---J {.-'",,~-----of!j //y ---.,----_.~//'jc:~~I~./---'--1/.----"'''r~...."......~....."•.._,_.-.-.-I'- IV .---_._---_._-_..J-G,-j--t:-- _. ~;'--------_......-_...._-_.__.-._-----_.._.._-_.-- .r lA..J<e---\...--0 (~/;J-Oy_p ~/\ (~I-~, : \l---". ! I :-..~.- ". --------------- ._--"-_.__.---.-...-........--_.._-_. "...---__w-... _.__._--_._-___.._--_.__.._._.._.._-~~~~~~-------------------------, 'j", ••1.. ~-,.WASHINGTON HOSPITAL WASHINGTON,PENNA. X-RAY CONSULTATION 35453.X·Ray No . 2-17-69Date . Rocco Button Name . .507 Age........................Room .. Chest ..Request Examination or _. ._~..-_-_.._-.. Bonessi .........................._. Service of Dr. Roentgenologic and Fluroscopic Findings: 2-18-69 -Chest: Re-examination of the chest am compared with the'film of 2-4-68 now reveals congestive failure changes to be present with plwral effusion extending upwards to the 6th rib on the left side and obscuring the cardiac silhouette. ,. .; ,' ~'"n '-... ..' ..'~~. .".f·.' r: !....-~.'/J /..,. .'. '1::::::L__....___~·__:. Roentgenologist E.M.Turich,11.D. WASHINGTON HOSPITAL WASHINGTON.PENNA. X-RAY CONSULTATION 36715 X·Ray No . 2-27-69Date : . Rocco Button .Name _..507AgeRoom .. Chest .Request Examination of -'. Bonesai Service of Dr. Roentgenologic and Fluroscopic Findings: lie-examination of the chest and compared with the film of ,2-17-69 nm-l shows considerable clearing of the congestive failure change throughout both lung fields,but with residuals remaining in the right lower lung field and with pleural fluid remaining in the left base and extending upwards to the 8th rib at this time showing reduction in quantity since the last examination • .' Rc.eutgenologist Form 10 E.M.TUl"'ich,11.D. ·_-----------------~------, I-~OSPiTAl lA130RATORY RECORDtfc1rHEWASt-UN.GTON ,/.Washington,Penna.'NAM~t!.~1J _~~U F~E NUMBER /2..://.:2/-ROOM /'/~ADDRESS,--------------------------DOCTOR:--ZXp.·~~~~~c....:.::::===:...._ I URINALYSIS DATE I APPEAR- ANCE COLOR pH SP.GR.PRO- TEIN GLU· COSE KETONES l-_---'C::-..:A..:;S::.:Tc.::S:-..__ HYAL.GR.-AN.~C wec SULFA CRYST.OTHER DATE URINE CHEMISTRY DATE PSP SPEC.SPEC.TOT, 2 ~,.. I HEMATOLOGY DATE HGB HCT RBC WBC PLATE·RETIC.SED.POLY STAB LYMPH MONO EOSIN BASO OTHERLET'HR.RBC MORPHOLOGY DATE OTHER: tL )1 1 /MICRO.HYPO- CYTES CHROMIA MACRO.HYPER.ICYTESCHROMIA POLY.POIKILO.,CHROM CYTES OTHER r : BLOOD CHEMISTRY I jl;1>I ~,::-~=-I BUN I~I T.P.I ALB.r ~?~.....!'n·Lv_~."-'.Ll:'H SGOT Vl"'\.'"'..........,""u~t:.I'\.....IU 'c:s:.I1..1...... ~=B.:..:IL:..:.I.:..:R.:::.U.:::B.:..:IN-=---l AL.MAJ;, TOTAL OIR.~~ SALIC YL.ATE I ~/ ./ DATE NA K CL C02 PH"DATE HBD SGPT THYM. TURB. CREAT PHENYL ININE ALAN.DATE SERUM TOTAL IRON IBC UNSAT IBC FIBRIN OGEN CP~ ACID PHOS. DATE B-L?CEPH.:i;. FLOC 30 MIN.TOTAL PROST. FRACT. DATE DATE OTHER: CEREBROSPINAL FLUID APPEAR.RBC AN.CS 0/0 %GLU. POLY LYMPH COSE BLEEDING SURVEY MONO.G.PIG PRO.TIME BL.CLOT.CLOT IDATEDATESECONDSRET.PCT TEST TITER TIME TIME SECPTCONT.I HR.. I MISCELLANEOUS REPORTS CL PRO-G. G. COMPo DATETEINFIX. RA TEST ASO TITERCRP SEROLOGY WBC DATECOMP FIXFI-OCDATE DATE DATE ;NAME_~~~~~':...k~~~··~··~·7~~~-~·~~~~'~~~~~~~=:...--------LABORATORYRECORDPAGE~__~/~__/ ,CHEST '_:::L _,=,,~~Cft..m~~ LEAD V4 CF4 CR4 Cl4,:'1''*, ~"-i-"" '"T. ":::'"~,:~-1--'-":j±:I~ ,~~-:-n-I-t-i- ~4:'" ,;,I':":-I-~~' ':..:-.:.:J ~. f,P:=;::~~t1;-=-J ~'~~,,.CT__, •.,.:..-.c ,•.:..:., T1', ,H- ,-; "~~l'" --'-, .:!--'-" , 085._085._ '''--I LEAD V2 CF2 CR 2 CL 2 085.~_ .,,.~~-i~+",,;~~1£-,,~. 085.-.--_ LEAD Vs CFs CRs Cls '. LEAD ~-~tj~-:~~.;.:....:::::~--:t~~_~~r ¥j~-ttd~-+;:.tttt.WJ"t ''. =E=~'I=S ~~=I~~~.~~~~~i~il:n~f~tqf £~~,nfl" ~=_::~;:__=.J~~:__-~=:l~::~~(=:~~~:,I.O~H"O ~'1-~:i'ill!* ==~f::'-=;~~·>==-:t~~~::::'~~;~i ~~:d~~I~~::j~~~m~;~1~18~~r~:IF~ -=~_.=g~~=-::.::~~~:?:~.~~.~J~::~.:~~~:.~~.~..~~-~~~~~_·~~~~~.I ~~:~-~~~-~3~!.~~n .:~~:::.~:::~:~:J2~:::~=::~~:::~:~~:·:~:~I :::::'::::i +-;J j' =j~~:~~':::=~~[i~~~~~sJ:ff-:Jjl:fiUfj:~~:rj.~~~t fi# 08S. .....,.;." '~~. 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';)/)7;'1;5)GZ,11 f f?(l.P t1,~,1-Qt-r-(.('2-l\--L:.=---+-..l.--+--~::::;"';;;"'~"::='---l'~~-------t---=~~~~----------_._ 8-Jeo <-'5":~~~n \!)\()QrC CO)t fcl"A;l e -f,J W'l H IJ , 7 I~ ,f:l~ f ()() '"/():!t) //:M Ii', ,J 1\()CiIJYl,D Ia:iV-D .'/.II A-.!u J.f /X 1/1 /J ;J /J (/U /' q I......---------.:...---------'----__----'----.LO~.LL/I WASHIIllTON _TAL NURSES NOTES Form .3 Name J:h)\occ<:."?"~_..~a,Room No.~()File No.1750 HOUR DIET -I ..V..fluids,.OBSERVATIONS -Patient's statuslATETreatmentsPertinentreactions toAoMoP.Mo ...'---therapyo '.1,,Cj flU It IJ 11-d..v.j J I ~'A-~/'•.J /"',;..1.:l.•-'rL-,~i)1 'NJL /I It... ''''n 41 ;>_QJ ~-)/t t! l/~I I ,,.., ~/~;1/.#...AA! (a /lru hJ ~tt~,/.L ~,.,,:]0 ;<-) ,'J,j.fJ~.d 0Jr/I Q .JJ-,,t L,..I I / !I 1:~'fJ..j-c Ijj<.ld.I /, I rri/d ~t-J h..A /tZM.--I toY f.{.'~"""j..4../1 /()/I ,/ ,Ifflt.-Ct j&'/,{,d ~L/. /6 ~/O{\JJd--~j.J (21t k.Q.)nC,}<!/0 (j I I 0 jItL£A!-.c?/L~:61 Ik..//L.~.L1 J 1,J,//:tiO - :J iJ /l /,i/ I I JAI'--<-.../'\~-~-.-J \-Iv {{I (J <" J /.1.,..-(1/s\~~~I".......J,~1 \\j)--j- \,I I ,II.L 11: )I '-"!I ~~ll\~~J\~~I J I S-d 7-3 ~.·d ~9/1Uka...1 ~~11lLc~P \=roAhJ/~tiJ t8't1!v1 t1al I ,,U (!J,t}o.-(!IJ..II,~i.I(1()l-A 11v\ ~. ;11\{i/IIJ ',I I {lJf:rl'1 ;/~.'1 (]II/~t./fd flo/!F~rrJfJI L(' I Ij , /1f (;;)j OJ.0:Lei.()~kJ {;f~J,'1>Il It;'[a, v ~"00. 1 -C. i -.,.':1 ..-'."-.."... . , I~'~~~...-......_'''''~...~-_..........~-.,..~_.--.........."~.~.,,.."'--....'"........:'""":'...........~.,.•-.-.._-.......~,..,....""~I.~..I~tQ>lIlJ'''5:!'..'T .~~i 1'.P_,.c<~~:-'......~:-liJO.-._~.......~. '".1 WASHI~TQN HOSPITAL NURSES NOTES Room No. / Form J DATE I--....:.;H~OU;;..;.;R_-1DIET -laVo fluids,... . AoM..P.M.......--Treatments OBSERVATIONS -Patient's statusPertinentreactions totherapy.. / (j 1//:t'O .3h 1//-1 /0 .~r:?!.J",::s I / Il '~f\r \J •IA~l ~~oc\l ~\.cC\1 Jot J r--'---:--+--4---t----------...---1f-------:.------------- r-;-.----- DISCHARGE SUMMARY THE WASHINGTON HOSPITAL 155 Wilson Avenue Washington,Pa.15301 PATIENT'S NAME .._R....o,;,.cc;.;o;.;,..,;;;;Bu..,t....-'-.;,,;vo;.;,l1;.;,·CASE#11)(.1 ff Age 68 Admitted 11-22-68 Discharged 12-5-68 This 68 yem'old Hhi te male "JaS admitted to the hospita11-Jith shortness of breath, cough,peripheral edema,am signs andS;Y11Tf>torls of congestive heart faillll'e • .He Has treated u:Lth Lasix,Digoxin,Lm.diuretics.He had progressive impl"'ovement ofhis symptomatology l'lith abatement of his shortness of breath and disappearence of peripheral edena throughout the following days ofhis hospitalization. Chest x-ray on 11-25-68 revealed marked cardiac enlargement,congestive heart failure and on 12-4-68 shO"i:ed some improvement in the heart failure.The 11gb.on a.dt1ission ,;.vas 9.8 gm.and approximately 2 Heeks later Has 11.7.Blood sugar and urea n.and serum enzymes Here not markedly elevated.The EKG revealed initially atrial fibrillat~_' but reverted back to a no:rmal sinus rl1ythm.: He had good improvement in the hospital and 'Has discharged improved. Final diagnosis:Arteriosclerotic heart disease;congestive heart failure;and pulmonsr,y emphysema •.. I JJB:cj Fom 301 o _.~."...~..,.;::..o.;.. CODE ~."'..~.,.;·•••i-:• M.D. .,..}.., WASHINGTON.PA. SUMMARY SHEET THE WASHINGTON HOSPITAL F.'NAL. DIAGNOSIS.PROVISIONtiOS ($.t,~ED.•tIS. S.4.t9+1t S4,44,· Z&0.05004].2 .,A-f/tf·.~.-C-£fr -:.i;/YO ~rO ._C&l-.~ ..U~~ ", .'p. COMPL.ICATIONS ...•~....,.:: OPERATION c- ~...' CONSULTATION WITH AUTOPSY DYES D NO DIAGNOSIS ONLY "0 r-~~---.~~.-~:::""":'--4~--'~--'--~~----~...:c~)~SiGNATURE·ATTENDING PHYSICIAN RECOVERED I . IVtrMPROVED.."1"'""0;"'.NOT TREATED RELEASEDAGAnlNSTADVICE I \RESU_L_T_'-----lDL--.JL-l!L_L--L_-L_--L_-L-:...-.WqLl._lC;:t==:t:::;:k-.-l__L-l~_L__'___\E />/J-Je,K \~I ,---~~--~'..-------------------------------------, .~~,\SI ' THE-,",'"ASRT.bJGTON HOSPITALWASm:NGT~.PENNSYLVANIA HISTORY A.M.Date.}Jour:p.M. Chief Complaint. )()6 ~~1AJD ~~~r~ ,. ~,j6-;(c:... History of Present Illness: ~I-f~""- ,. "\ ~-...._------- 'kt..'........~ File No./7-'<',;/1 Form 23 (Front) History of Past Illness: ).x ~w~~-:c-J~~ JU..<>~~~ II, .' Social History: Systemic Reviews .'. Signatures Attending physician----------------- Form 2,3 (Back). .,. WASHINJtTi)N HOSPITAL WASHINGTONt...-PENNSVLVANIA GENERAL PHYSICAL EXAMINATION Throat: General: \. &yes: Ears: Nose: Mouth: ~/0 ~ ~):-, t~~~ ~ Neck: Breasts: Chest: File No./7,)/',;? Form ~(Frant ) Genitali~:~(. Lymphatic:~ Bacle:~ Neurological:~ Rectal: Vaginal: ., J,..• Impression:Vi r t1 7)~CtJ F ~~ ~~~ 0·.';·'·""'...~.. Signaturez ~~----------.:.---.,Intern.~~/I"_ ____________~~~~.~~~~--------------Attending Physician=c:::::::: I Form 32 (Baok }-j .,, ,~,~Form 1 (Preprinted)THE WASHINGTON HOSPITAL WASHINGTON,"PENNSYLVANIA DATE DOCTOR'S ORDffJRS DATIf.:PROGRESS NOTES.-_. •Other ~(1 J.,.~_('J?~l~ (/\SLEEP RX:C·J?l.hA (/f--,~L Jtp s(,\0 M,.,!It riA 0 .-ri·'.c-.-L ~ J PAIN RX:)O 'C j()__C\vL ,A!!.-t.:--/"G,.,~-,Ij/LO /!...,:,--j ~L ,j-!- J -..--Bed J;~_st and bathroom privileges '2·/-~t1·~ff _~~-t.fJ Ll~n.---..- 11:V '\..t _..,.-='~.V Vj ECG:I '.~'f\.~~I ~6 .".X A''''\ III /l() {/ J .I 7 7J / .1' )/.I {!f AJ JIfb./JntU-:LL(:IV I __V_+-L1+IJJ.-'_/Wl"-'-~1H:·J-=--_·_··-,·L...L',!-+I-l'tt--__-l---'-..,....-I \lfl./----t-:o,.\~---------------...-----._t_-_+_---------------I ./ SD/fJ ROOM N0'---4---I .7.2 0 7i ,(-FILE NO.--l-.:------I ,--~~.•.,_._---_.~-----~~'_._.-~-...~. .;- pfj)1 THE WASHINGTON HOSPITAL , WASHINGTON,..d}ENNSYLVANIA . ----_..------. DA.TE DOCTOR'~ORDERS DATE PROGRESS r-:OTES_..~- /I')).IlJ/j 0l'Z t1 J/A",,~/AJ .k.(//;:/7Jr./)i /' r. V /''.'~J /?'ad I,1\n~.,-..:oTJt..~ZZZ7#,Jl~, I ------ \ 'r l \ I 1\!~Y\\b ---I-. --.,.;'1='---_.Iv;//,::::::::-..-.~~-~-:.,;;;.;- ~V -------_._------_.._- ----------_...__._..__._------------'-----_...._~---- /IIlv 3[rY>-~~C;s-1 ....,~/?SC;~!~(l 1///7---h..p..-z.--t f-'~(.L.-V G()r-' 'vi bt-{.l ~J /~".- vV /1/71)t.--I -"""~J'"7 ~...J---J . Yf1 ---:/1--R~j)~(/',S-L-.~ ,?T"'/1-1 .~-./...,,f../I .L--"..-I '.-' ......1"1 , ~n\..-//(/(J ~J~1:",·A y---f--1 ." ~1.I A. ,-_.~....-_I /"l-I I /J ~~~~7~n-e_,. .-. "~..-I'U \'"?A, -/Y/h,-------/)~.---? .JJ!<,~,J~."{)IJ_-'!.~A ..'fJ'-:I i fLJ ..()<..... a ...V", I//v(I~~A7-1 "~ (~}(,P-..~~I'v-.._,.r-Ao_A.~..J--!h- \{Sd..-;;:TL J t?..1-.1!'-J1 / \-....-#()'"""J I/?.......A I'.__ ;'~~J-',"-l..l V ,--....--J (~/1"""-"-." Il"'\\'-()/II!!?, I \~"-N~[//h.o A,,.,"tZ -'..!l...-J<.../ V IW /~~~A;::::)......., .-.'lJ5~_..--I~"-"-..._.TV .-,,·0 <-...•••__......__M...__._._. -.. I:?/A-_'~-L~/1./ .'"'":',,,;,,,'I ' NAME:/L--t:r.----L../-c---O ROOM NO./;-d 1'1 FILE NO.t 7 .....)..;•I ;/ I . ('~.---~--------_._--------- -----____~_._.Jn____ .,,.. F 1 THE WASHINGTON HOSPITAL WASHINGTON,-:PENNSYLVANIA . " .-...-.'--.,-_..I DATE DOCTOR'S ORDERS DATE PROGRESS r..;OTES-... 1/"d'!;vi;;J:IJ,.-.:J ec /7Y1~·1 ,C/t.4:.;////:--)" Q /0/1')/.l/J?l)//2$>UI---~-o~1---·.-II1117/ I I '..#1/&-'/././"';/,(;(/.17)I //)I "" I ,II /h-I ~.¥~-:/~~......- (7 Ik/'-/',,1 Ar. /~V ._----.... VI =:;:p -..;~~/"'I-..-- ,W It ("'--~r~--~-,-;-:--.1---._..:::7 --:d --f0- b-.,/}(//-.~~-0-.~J ..._~=::=~'-XI)._---- ~......J7 -~-_...._~.~----_.._----_. c r --r-- p 1/.............:-._..{OV ....--".:---'-~l..---............ //-()-y c-7!,;,../~<4'11--('/0>/,11 ~fjj 0.. ~-/ d )(/?r-l.'tJ ~.A /'$h ..//......'\., II /"v,/V'/-""'"-~.,'p,-I7<-C~({/J\J'i(C-tj iI A/lJIJ __ I /U~/""1 "I {>G v v.{(J/,C I ~I ~ _...L ~j -_.."/J -/7--./7 \.[.I----::~;.-./~jYL....( I y r --("""""7r-- V -.---./------".-..:-:---/)I (/......--..... .IV'!,,/i e~c-~.\( .....'--S"'(>0 7'J.~ "'1 L))t-J A '-J H~()~6 r W cA-"'p Iy -k '..",i1 ~/\ I.....,~" i "'" J!.J.~(0 I I ~ .~iPLt..,;Q.L....,.f C&.IA~_,-:h./~.q/5~At£, (.,.. -.-.~ I ,.~~---~Q./ I/~0• \\~£----'"-----p\~\i~\._._----------".,,~-f'" -...-------."--"---"'--'-._.,Vy :..----'.- 1/.--_......-/1 j l},/1'/-l r/•d ..'-l'J"~,.'!L~·-r ....>:,U_l _./.7~:{."NAME:I -'A 1 I J")/\ROOM NO.:J I ,.l' \.,)FILE NO..', I ,- 7[..-_.-.-_.--_."-------..._._.._._._._-_._-~--_.-.~..-_.,._~--,._--..._-,------------~.=-_.~...:.._,.-,.-,--.:,-,-.=;••-:;;.;;......;,;.;... .' <.- I F 1 THE WASHINGTON HOSPITAL , WASHINGTON,~PENNSYLVANIA . .----..--..--... DATE DOCTOR'S ORDERS DATE'PROGRESS r-.:OTES.. "() JY'Jv ,L0 IV ·If eft 11 c~....J I ./~....//l ".- !On fll)X ~ t~IW..,U A A --0J ----9 ;, \/vly_I-:7A~h~~J?<:._~- '17'...-?____1.____/I./} I-'--~.-_........-----f2~Jl('('------,--.~-~./.l~'~~'-----)..~=,.=~----~:.._._-~-------. ~A~"-.,~i2~--rzjP/2~--;.---t'\----l/·V ---v-./(/<:'_-",- .d1 ),').J '!:-I- .. i .;'\ I I /I /'l /J ~/.4 I ( /2iJ \/./1>.....J {~J,"~~."~~/~Zl.1..-}A ~-_......t ~~.,.~-/'K 7 -f '""CJ.--?I'r I I \~-/(~""1-J n 7=r .L .Q..'lr-- f'..••\, \~r'~.--_.- ;'111 "O~L.J- "'-,,//,,1 ~~".I .... lInt--..,~\'~~~ /,.)/\h-Ar>~~ fA l V.n ...(...,------~c~-_.....--- //''/J .•..._......--.-----.c:;:--- !/\/./"l //~.)".ir'"~)~/ (\~- I ;'.1 ~~7t-./~-(../'/vi.•----........."-/'~-~ //'--:Y .~----::>/ (~.-r-//-\A...:r_,1--f..:~-L/Y7Y~~'.-".t _.........'-.,.,.-v c.-L.;/-'.-~.~-:,....,.--•A f ~"''''-'I ")_"1-.,..,"'_.-.._-v --<-./c7 /T k...J--,.....-.7·----/ (V ..- ',-----_._------->,"-'-..~~----".---.._------_._-'-.--....._--.--.- _._--~ .-,_. Jq 1:1;;:'//) NAME:~>c'(..rt<.A:01...j ICc'-.-c.--c.,(1 1)C /1 /7'}'Y l>/ r ,ROOM NO.'-.•FILE NO.o '~~J ~,-:'"1 ,,::/ \ -------~~--~~~~~~~~~~~~~~~~~~------, WASHINGTON HOSPITAL WASHINGTON,PENNA. X-RAY CONSULTATION 25919X·Ray No . 11-23-68 Date _. Rocco Button Name ~~. 5019 Age........................Rocm ,_.. ChestRequestExaminationof _...........................................................................................................•......._ Bonissi Service of Dr. Roentgenologic and Fluroscopic Findings: 11-25-68 -Chest: Re-examination of tne chest in tbe FA projection reveal s marked cardiac enlargement,the transverse carliac diameter measuring .22 ems.in comparison with'the transthoracic diameter of 30 cmso The lung fields showsgener'alized pulmonary vascular congestion. Comparison wi th previous examin ation of 7-23-68,reveals that. the heart has enlarged markedly since that time.The .; fibrosis in the lung fields previously reported is obsc'ured considerably by the congestive failure. Impresnsn:Marked cardiac enlargement,congestive failure and underlying interstitial pulmonary fibrosis. CoG.Rayburn,Mo D. Form 10 -----------------------------------------, WASHINGTON HOSPITAL WASHINGTON.PENNA. X-RAY CONSULTATION Rocco Button Name . Chest -26217 X·Ray No ["8 · .11-20-6 Date . 5QJ.9 Age Room . Request Examination of _,. ...........'._~____u _. _-1.____ _. Bon~ssi Service of Dr. Roentgenologic and Fluroscopic Findings: 11-26-68 Chest: Examination of the chest in the PA projection reveals marked cardiac enlargement,previously described on 11- 23-68.There is also congestive failure.There is little significant change since the previous examination. The underlying interstitial pulmonary fibrosis,obscured somewhat by the congestive failure,is again noted. (j;....,Ii'./·~··i·~~.t:.,...._._-__. .,--R('Ieutgenologlst Form 10 C.G.Rayburn,M D... WASHINGTON HOSPITAL WASHINGTON,PENNA. X-RAY CONSULTATION 27044 X·Ray No . 12-4-'68 Date ,~. Rocco Button 5019 Name Age........................Room . .Chest . Request Examination of .....................................•....•.••...................._._....•..........•...••......•.......................................................................................... Bonessi Service of Dr. Roentgenologic and Fluroscopic Findings: 12-4-68 -Chest: Examination of the chest in the PA projection again reveals marked cardiac enlargement,and pulmonary vascular congestion although there is little improvement in the congestive failure sime the previous examination.There is also some underlying inter- stitial pUlmonary fibrosis.· Impression:Slight improvement in the oongestive failure since the previous examination of 11-26-68. ~·J.t-·_···_·__·_····:;································. C G'-'Ra b'''··-'"8 D Roentgenologist·••y urn,l'U • Form 10 I ..------_..-'-.'.-7l....~HE WASHiNWN HOSPITAL LABORATORY RECORDIe<"),\'(}.-f /"~(J '-.J~-'~:'ROOMSJlfNAMe",............./2/>1(7~FILE NOI-~rP BLOOD ADDRESS TYPE F'lH 1=- ~ROUTINE URINE BACTERIOLOGYi:COLOR pH SP.GR.ALB.REDUC.KETONE CASTS HGB.R.~C.W~.C.DATE MICRO SMEAR.SCREENING1DATESUB.BODIES /(:I.f--« FOR BACTERIA ILkL,t,{)!eJ/9 0/-t.(Jce I (j}{!f!:..----j£~(1 t.~i:- I II I , '.. DATE CULTURE I HEMATOLOGY PROTHROMBI.:, DATE HGB.HCT.WBC.PLATE.SED.POLY STAB LYMPH MONO.BASO.EOSIN.OTHER DATE SECONDSLETRATE'HR.CONT.P1 I//.)).:t f -~/c;,f dO --i /S""2 ;L ~~L..L7 ;e!~' '//;2J-tl ~~!il1~t1Z w~~.,~,A-c/'""W'It<-A.' r;J~d ih-'3'b /0d-l I/.--1:3)7f/6.i!'~..:£;7 k:" I1I BLOOD CHEMISTRY ±- DATE BLOOD UREA·N NA K CL CO2 PH DATE SGOT LDH HBD AMY.ALI(. SUGAR LASE PH09.SGPT 11;23-61 j(j J.2 ;3 l!i!I-J!i-/tfj-.:JZS 1"25 £l /75 7(f +;105 62 Jtj()/~';){o8 M i?.J .~.~L/4 175 IJl I SEROLOGY M4 .- OiHER TESTS DATE BILIRUBIN ACID B.S.P TOTAL SERUM SERUM CHOL.THYMOLDIRECTTOTALPHOS.30 MIN.PROTEIN ALB.GLOB.DATE /1:/3 24-&"0 3,(/III.?//;;1.3 tf .1&/ff'W/--3'L5 '"I{~/A'./tVt-41(./::d-/,:}~ I .. I MISCELLANEOUS " DATE ".~......:"-KIDNEY FU'NCTION (PS P) .-- I ... DATE ..IA9T SECOND TOT'"PERIOD PERIOD' ; , L .. dL,7'/:,.#'/'Form ~(F; n ...............__ CHART NO.011-0019 rng~'o Chol. Uric Acid mg%mg% .BUNGlu. 12/60 Inor. Phos. mg%P ~.,.""._J"••~ COPYHIGHT ©1,%5.1966.1967iJnd '1968 byTECHNICON COHPORATION,Af1OSLEY,NEWYORK "/ 1 LEADS 3 0 ::t:' :0 t'l0~1'1 :0 t'l1Il::t0( z [kJ9 lD ~.....C)9'~ iii ~tl 08S._08S._--'-_ ITtr ITt () -I::0o ()» ::0a-o G) ::0» -0:r:-() ::0 ITt ()o ::0a ~l ,M' 08S. oas.-_ ...!_.... 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G1,;~{?, WASHIOOToN . ~?HOSPlT.A1 Form 3 NURSES NOTES /J 7)/~DlrName,./-t-:f,<.('(.'"(...Room Noo File Noo /72 tJ ,vf11/!"."..r,{. !-.HOUR DIET -IoVo fluids,-OBSERVATIONS -Patient's status DA'IE 'I'rea troonts Pertinent reactions toA.M.P.M..._.-theraovo .II i l!;'''.A.,/I';'/.,.(l (r)Lj (.:·L••.)R .:</}'-.I'•,.l~",-l,...L;(!'"'j',l/i {-.,.l 0 /..../I ·c.....~.(,.'-.-,A..........t...•·c >-;,.-/.,'-- ()j-/-.()g (,; }'/':·"'c<.[t:,<{.Ie c·'/?c~i~_•.,.."Cli,,,,.r"_~s :t",,,"-:rr~..F A' r .•t.. /->1-<-.(:/.•j --...7 ti ··;·__·~··...-(~-....c.o.<".~II''r 1fJ /....~-,..~"""'....'0_.~..'._0,.: .,t ;(;'.S ..~"_C_/://..<./·>..~_.L.<-,"'..7'•..l -.......,~..-...........r......~(.,/"......,. !.L.·/I-L!~f :P-oe?(///~,,/i•"v"'_i...,,>--<-.,t 7 1 ...I..,.L.,..". ,10-(j \J /f !"1:..'....e:5 .Ie 7 /..........'·'.·f..1 •-7l.-(.c../.-<..........._. ~:"(L~),.., .l /J/..l../;ci,(."';()r~)--"'.-,'-7'O;~;'f--,......,;•...j u ~/'......,.~->-~1\/.9J rf /"-V:,~d- .,I-L"-5t..{".~t..........!;..A-",...",.~~.l.tA~,.)L!it<'+~>"-'".~0 /9 ,j .vi'./[.....--_.("/.J'_-'f/;~"'_'-,:f)/\; I ,~r ."-.Pd-.".,/I /l~/y/.6 V.''/)'1 l</~,If <f-I..J\..J'\):...J'I.)'1.Q.(,b 0 /II \..f A-r-~./\.~IJ /9,..)...,..... 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Name /::J (,--:tK ..R.oom No ..")o/Cf File Noo /7 -2 C)/1"(y'" / HOUR DIET -IoVo fluids,....OBSERVATIONS -Patient's statuslATETreatmentsPertinentreactions toAoMoP.Mo ..._.-therapyo ;/'>1 Cf~('£~J-:~~n)-;.--.- "".~~~ 3Y--D ±~r-:.I Ci ,~_:~.=t~A I17...I<J!h ,,,-,,'x-I \ I I!~jV(f0 ..~/~.I\x:."I 5',.J1/, ~/, 1/12-3 .~.12.%0 ..../04_21 J)/6<. 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Form 3WASHIOOTONHooPITAL ;f?c-C (,7 NURSES NOTES Name ;&~I/;~J?Room No..r)-c;J If File Noo I "77 '-/r~/...,..:::J V Ii " 0/ HOUR DIET - I ..Vo fluids,.,OBSERVATIONS -Patient's status DATE Treatments Pertinent reactions toAoMoP.Mo .-.----therapyo III (:l.~,A:-f';~vrCL.-I~~.l·~)l.u A-~:ll./-<A-O-.A..->OJ..V~<..P l/(yV 0 ,flJl...",--~~k /~J-'.-\.:.t il..n ...,l ~.<.A.)~:".• \ ,L ~Lr - V ~l;"'(;t -- 7 ~~)WL"-A,}:J,J~ ifbea 1 ~..A~/Yl """ 720 \fJ lU,fA'A IJ ::U.---/J '--.L 1tU-1-/~.,'~-<,--~./.-GI....J -Lf /,":>t..A.'./CL -IP .. -;t././)/Lt'.?·-ILL4'fi---l I l/£>t.4A -;-1 ~/l./I/J1./AA..e I ,r /1~'~-t...:e IL,/-4r7't...aL.a...-0?-~-t!:4--' c:Y!L/1 /J2 A"--/I A .(l_- 9DO ..~A J.//)~>/'l._,-0.(.rL~,4-ItfJ/iV"""",~j ltfd.S 1 i7?fl/)'Z--t!.A./y L-ct..---1 7/l J.I 111. M Ii q&)f)~~f _4 -/1 i/~d(/ 7--' ~~IlL ?/I /'./v£.r..." -?~)/J---//.f:/j /LJ L~,~Z-'~./.-:7 F ~~--'-"h -c~Iii../I .'L~.·/AM ~. 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(.."'1 ~'..It'y;~,...,-lL/.7 {OJ {{.,/.:.<:/.0.,(,:I{.I7'T~~,-.'l'U~""n"./2--<-,<-.•-i ')IJ 7 /,/- '~!t;iIioit.,"'t ___._~__..-..___~-',--""'-_.---..---__._._~.~..__._~._.._._._.__.__....".__... .__. ..• , Jt~ "....-WASHI NGTON HooPI TAL NURSES NOTES Form 3 Fil NNRNamej"",.C..-C •.(.J oom 0 0 /-j'-o I ,e 0 0 /7,..;v 1.9 "/;:~-c,(..~/.-d.-x ),j , HOUR DIET -L,Vo fluids,-OBSERVATIONS -Patient's status pATE Treatments Pertinent reactions toA.M.P.M......-therapy. lil-t?/V j //;.t/-,(L C'.-\..--?Z~n /ii!fL,Lj..-~/ll (J7.1./.....;~J ;;'.,.~'.:",...";/i ~_...:,-'/1:"-t~~-../.7,/>'(..:",,~,<;J ':(.-,,/I',)-~.".c,-~L ()()•v c.....·-. 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K --cC'g FUe 7:3 ().'?JIName...-:t~A".-P"~••~",...!..Room No.....";-"()/f Noo /t~·--v....../[A'-;U ~,--';.!.__~l,....••J I_~)''. /' HOUR DIET -IoVo fluids,..OBSERVATIONS -Patient's statusATETreatroontsPertinentreactions toAoMoP.Mo ..._.-therapv" I]'J.....Lf-r -I!.L-:.'-"A1<-""-1.-4/~ ,i y;toH dLJ ~[tTL .cJ ,-.u.,(-(~.C.L.....:) ~V t1La.1 -t ..f.J..-l lAt {i ~i./'1lt1 ..~>{. \i/I ()../:fl,cl<))J../\,·U (l)1 ru..J().-,-.tA.c.-i,j U.·\....e.l.t.J . /J1j)(!./(t.ClAL-<.J,..d..L<'.-C~/)'t iA...,-,t: J ,u'l...t.+ i/{j I ()({D;.jU-J<."--/L..o.......',.:L...-..~I!J (fJ..~.e.J,A;/ A~'J~?~.'Y/,.hf~;J;d~/~~f?~(j c "':),1~~~,~~ /~f?(/'/A-<~"Z~d/dh/£_:~.~<,v-.t__" ~--..//Ifl !ZA~)'--'6,/./1;6 %,.~d:-:d-/d4"//A ))/(';1 ./-/..--C ~Aj'J '-V/~L ~.a ,pr //i \- ry 5.4.t?'//(~7A../~ "--...-U~~b~£'~/A/,/;.« '--'"/~//).~,.g..,-''\-~,~~A-L (,r/;,t?:-r 0I~III-/! .j":',Vn,\~I~~;-E .r#"a/J /-11.1/1 J/cf.,~\. \...-/I ./vU/?./;'-/1 /7ft(A.d .:I-J<.. /1(/~2~<~tJ t! ,~.g ~JC)t;a;/JIt /,>-~/-)..~........ ....~p......~. ....-. .. ~~I ....-~.-L "--'.-11. -•.-..--~- ~~.-t·1~:t<''."\~"'--"'-~--'~~-_.-..-...-;--.-.---'--~-'~-"'-~"--.-•....:.-,"-.._._~~.'.~~"'~.fi-W~""'~~~"4~~p"."i(lp~~_..,-.. WASHI 00:TlJN HOSPI Ti\L NURSES lfOTES Form 3 I :Naroe_.t..A;=J::;-(''':':J~~;;';;''':_;;;:;''~;;'''?:;''::L---'::::--,.~,,~.~...L..:;;i~~'~.--:=__=c.:=_----"",,-,.'_File No. DATE /'J OBSERVATIONS -Patient's statusPertinentreactions totherauv. /./ /'\..t?'"~~;/v CLG...:.._l~··G..-Le f --+---+---f----------..t)'~,'""I.)'Lo~t (i-~AJ A~"-"-. f1nt:::========~=======================-'::::'===~--=I=.'=):.=t=Q=/\~(~·~;.,:.::.I'--::;..-t~..:::.Q....l\...:i,.~....i.<.--:._:;_-.--.--. (~ WASHIIDTON HOSPITAL NURSES NOTES File NOe /7.2'dir,Y .,,~ Form 3 ~-:.:H~OU;....;R_-i DIET -IeV0 fluids,_.. AoMo P.Mo -.-.-Treatments I"I:.-/(--,J.. OBSERVATIONS -Patient's status Pertinent reactions totheraove ViJ!3 /~1)(l /4 1/J-i-dtA4~de '---/l )1,//I f~~),/); v V '"/ --1----1---1--------------+---------------- i_---4_--:..~__I_-----------__+----------------I I ~_r'-_-+_...:.+_---I --="":::!:.'ffi~::.:.."----~f-----------------~. ..,-"..........)..;l.--+---- ·_.J"-_...---'-~_·-----:I " ..WASHINGTON.PA• SUMMARY SHEET I I -.~~, ADDRESS FILE NO I MiS k,W I D IS,,"tX lR,~.ACE IR~~~;DAT£OF B1'RTH LAGE ROOM NO.RATE P ISP IW15lJj3.~-E"r"n fN WI\In .8.16-1900 I!.-463 25.00 JfJ_ij....:..·_t_Y_d_tl.J~LM_E~;;...,..:::O-=t::..;·C::..:O=-........~,IEfiin:o MINM TRANS.TO RATE DATE I ..\t_"...:::D_.~_Eo-=-S_l-"",,-.&t-=-8~aT_:.~6~ElI_H...iL..!tLE-__l_-EM=_P-L-O-Y_ER AD_D_R_E_SS --r~__:::_:'!$en.zt~'HilL.PA '5360 BuitoN.SAMUEL ~O:1NSHIP~.~ ~~~s ADMISSIO~S ADDRESS CITY &STATE "ELEPHO~2. C M£ll!.~CA~Rq£j,'I'I!lI,--·(tHA.RlErUH,PA lJ1\W:.'t'O ...OS-0432 5 1191 s ltl441 EMPLOYER 6'AT.i~MJ..iI'·l ITIM!,.I.SERVICE 11*.iif,jl'~I1..\lo¥f IATTENDING PHYSICIANO....L~_9J.l5AM tilED I"V(1t,~~M.D.BONE,$SI DIAGNOSIS -PROVISIONAL. ../ f.,.''I FINAl...'.. ,.'~"to.l,.5:{)·1 ")LJ'..,II COMPI.ICATIONS ,, OPERATION .. • CONSUl.TATION WITH ".•)fAUTOPSY DYES D NO .RESULT: RECOVERED n· IMPROVED NOT IMPROVED RELEASED AGAINST ADVICEn DIAGNOSIS ONLY II r· .. ·······.-.--_....~.,~-. ,j ...,", "... DISCHARGE SUMHARY THE WASHINGTON HOSPITAL 155 Wilson Avenue Washington,Pa.15301 PATIENT'S NAME fueco Button CASE#/'5'/7,)i\--.-;;..;;;;...;;,.~-=.;.;,,;....,------------ Affirrltted 8-17-67 Discharged 8-22-67 This 67 year old 'Hhi to male 'Has brought to the he spital lUth complaints of shortness of breath,dyspnea and lJheezing in the chest.He is a retired coal miner i,Iith knOlm pneumoconiosis. Treatment in the hospital consisted of Penicillin,Diuril,Elixophyllin by mout.h and' iv.i.th these measures,improved very "rapidly and was discharged 011 the 5th hospital day in good status.He is to be fol10,;ved as an out patie:-t. Chest x-ray revealed generalized interstitial pulmonary fibrosis i'Jhich vJas compatible ,-r.i.th pneumoconiosis and there'H?s·.p.oacute process noted•.~..-.".'....."..-__.....rF··~~'·:....'''1'";'...,.:..:-....,~=;~.~~'~., ~t9b7'!;:;ly~D J•.J.Bonessi,H.D. .JJB:ch ;. F .",T...," ".. t,"" .~I • Form 301 "~. "- THE WASRING ~ON HOSPITAL WASHINGT~ON.PENNSYLVAl\TJA ,'\. I • HISTORY Date:}Jour :----------A.M.__________P.M." Chief Complaint: History of Present Illness: This 67 year old vrhite male lias brought to t he emergency room where he eomplained of shortness of breat9-,exertional dyspnea and 'tvheezing in his chest.He is a retired coal miner having suffered from pulmonary emphysema and pneumoc'oniosis am reportedly has had an upper respiratory infection for the past several days.He lives alone am has been unable to care for·himself and was brought to the emergency room by friends. ,':~.', ~....:~"~,~"'...' "',;.~'..•.''''l •.'.....~ ....~.....•,','....'....~t·~_"-','.If'~.:'''':.';,.~• .~.... 463Name:___Mr_~_R_o_c_c_O_B_u_t_t_o_n Room No.File No.------'tit...............,.,{'C'-r\1"'1 t . History of Past Illness: Not remarkable. Family History: Non contributory. Social History: Retired coal miner.Spent several years in the coal mines. Systemic Review: Aside from several episodes of-shortness of breath is non remarkable.He has good appetite,no l-reight loss.Bm·rel movements are normal.He ,has riot suffered from any cardiac distress.Urinary tract evaluation is also ldthin normal limits. t t.~ ..\ .;. '.l,.'" ,. • I 0····..•..,,:~. Signature:Intern---------....,;.---------- Attending physician------------------ Form 2.3 (Back) W~S-~'NGl!HOSPITAL WASH/NGTONr"PENNSVLVANIA GENERAL PHYSICAL.EXAMINATION General,~...' A 67 year old liell developed,l-J'ell nourished pleasant white male in moderate respira- tory distress. Skin: liarm and dry. !!\yes: Negative. Ears: Negative. Nose. Negative. Mouth. Negative. Throat: Negative. Neck: Supple. Chest,,';, Breasts: ".' Lungs: Tl"!.JToid is palpable,and net on1 ~~NO~.....................b-......• .,Scattered rhonchi and wheezing throughout both lung fie1ds.Normal to percussion. Vocal fremitus was not increased. Heart:B.P.118/70. Pulse is 72.Respiratory rate is about 32 breaths per minute.Heart normal sinus rhythm,no murmurs heard.p2 is equal to 1t2. Abdomen, Negative. u Mr.Rocco Button .....-....,:_,''fame,-------------J.!__,;:'-Room No. Genitalia:,-,) Negative•. Lymphatic:..:Jr~Negative. BacIe: Negative; Extrer;~INtive• . Neurological:.., Negative• l?ectal:.-.:., Good tone.No masses.Prostate normal in size and consistency. Vaginal: .;-1 Impression: 1.Advanced pneumoconiosis with upper respiratory infection·and bronchial asthma. JJB:bmc Signature:Intern ___________________________________________Attending Physician o ......'~) Form .32 (Back) Form 1 (Preprinted)THE vVASlIINGTON HOSPITAL ~WASHINGTON,P-ENNSYLVANIA OAT\::1/DOCTOR'S ORDERS Y Routine Lab:V \DATE:PROGRESS NOTES / \DIET: \ )( /\ \.. Other ~I I ~_-f~ST=A=TU.:;;.:;S::":':-+-+-N11~··l.-I,.u:1I'~'~~!:-~J''------, II1--_--+::::Am=b:..::.u.=.:la:.::t..::.:orv:..i--+-_-+~1£0.A,,~0 . Bed rest1----+-----..:..--------------I--.--t--------------------- \.r .Bed rest and bedside commode .// Il\.d -B~~~and bathroom privileges L~ /ECG:V'"",,-/ .~'(:HI"~X-RAY~)/--;• /\ I \ ~r\_'1/' I \!1-g;-=-~It+-.,-1)HfV-&--::.-~---x-:7~~------"-...--·-----1---+------..-.---.----------- /J ((7 .~.'----- IJ_~J- d"'/ /'..\/l /l f/)}Y / I // I /f /:.........;1 -".-.-. // ()().......Y A --__•.•-~~-+.-:--.,kV=F"'-l~~/ ..~IY -/j'/.(.-_._----... v ROOM NO.--7&-r--c·:0.-0_.__.__FILE NO.1...1"-/?:3:~.:.. I DATE DOCTOR'S ORDERS THE WASHINGTON HOSPITAL WASHINGTON,PENNSYLVANIA..-' DATIE :PROGRESS NOTES I\-:f'.,ki./1\(-...s;i I i \'"1~______-~:-,~,.-f\:------------- (i\/\\/\\1 -----+----:-i'~\r-,_-;-;-v·\:.--~t7"':j~{;v-l;}------ I.//~ II \il VIfI\I J /I \,I t I t'1 /1'.."·\..V__t/"/.."-[\I '\I----I-----------_.._--_._-~._.-_.-...-/_..:,..------------------...\'. I .------.. /.~ /~ ----.----_.__._..._---_._._---_._-------I--..._--+---~---------------_2'I -.-----'---.-------------.----t-..------------------- =========....=_.=_=_=._.=...=--==.==:::..-=::::=_=_=.:==~=============1 I ROOM NO.__<'C-,Yf..=:bc...:>........;5_'_F IL E NO.-£.../Q:::..,,-~/:-,~'/=;;:....:·I,.::..:..:;_....._ WASfflNGTON I-:lOSPITAL WASHINGTON,PBNNA... j .'$. ,~,.i.X·RAY CONSULTA"nON Rocco Button . Name ;,,.. "'.76707 X·Ra.y No ,.. 8-1t1~·67 Date c :. L~63 Age..,.....................Room ;.. Chest .-~- Request Examination of :: ;;,:"::. •~~••••••~~••:.~••••••~•••_~•••••&••~••;"_••••••~__•••a _.__;.~••••••••~.•••_~••••~••••_•••••••••_~~•••4~~_•••_•••__••••••~••••~•••••_o•••••••~_~__••••••~•.•••••••••••••••••••• BoiJ essi Service of Dr. \Roentgenologic and Fluroscopk Findings: 8-18-67 -Cbese: Examin ation of the chest in the PA projection reveals the hoart shado~l to a.ppear vdtbin n<rmal l:bits.The lung fields all(!+] gel1eraized interstitial pulmo1.~8..ry fibl"osil.3,compatible Hith pneumoc onio::d.s ..., ,."," l,"' ;-l.. '. '...'"...••',-A ~-.J. ....., '""~~ Form 10 " ", ~~v)";'~j:~:r."•~.'1.:;" (~~J ..'...'.•"""~.:.J.__~.~•.•_~:"'~._'":_•••••••~_;"""••,*~•••~;.u:",.;~'••'.~,.'••,_•.••,~~ lk€utgenolog!st - I T~dE ¥IAS~"HNGTO~1 ~-~OSPiifAt LABORATORY RECORD @ ~~gffi~ROOM '/'£'3i"",:'Ei'~,f2C:~';'.I.:/:""/73SBLOODADDRESS_FILE NO.....?TYPE f1H UR[NE -ROUTINE BACT~~:;'~OLOGY-~~IDATECOLORpHSP.GR.ALB.REDUC.KETONE CASTS VI.B.C.DATE MICRO SMEAR.SCRSENISGSUB.ElODIES FORBACTERIA J -jt'l·J tUnJ fet S"'!tJ/9 --_.-_.--(''-'0<_ l '.-DATE CULTURE .E-=I \, PROTli-!ROMB!NHEMATOLOGY -r r-:=~DATE HGB.HCT.WBC.PLATE·SED.POLY STAB LYMPH MONO.BASO.EOSIN.OTHER .DATE SECONDSLETRATE1HR.CONT.PT. Iflft7 lIS 33 ~foO I.~----- I II!~I~II I ir-I -;;--8=I il 'j'---:I, BLOOD CHEMiSTRY .Ii I I ! ~FI r i !il IIDATEBLOODUREA·N NA K CL pH DATE SGOT HBD AMY.I ALK.SGPTSUGARLASEPH09.I I f,/?ft /f II I". I'~,I 'I'1--'-I -l 'I Si;ROL00j :PAn:IFLOC I co~~iI~.l}f7e £/;~ 00 II I . ."~ OrHEr~T2~ST~)II I SERUM ~----IDATEBILIRUBINACIDIB.S.P TOTAL SERUM CHOL.!THYMOLDIRECTTOTALPHOS.30 MIN.PROTEIN ALB.GLOB.I I1,I I I:.0 I I IIII..I ~MiSCELLANEOUS ,{KIDNEY HINCTION (PS P)DATE ...;..,.......:-- ._-- I -o. jDATIO:FIR~T SECOND TOTALPERIODPERIOD o. J I Id~)"o-'7 Form 22 (~_J LEAD V4 CF 4 CR 4 CL 4 . ._-+-_...- g:'~:~=:-~:~=-:::j~~~~;~E~t:f::::~:=:~=:~~=~ t:~~~-=~'i::-~~~n==:::E~==-:I~-1~}~,:~~~:'?=!===:=:,2~ =~~E-:-.=~~h=:-:~~:~J=~I::::::~;;~:!~::f.=~~~~.:~===~~2i~~~.tfi;~~:·~=-;~=~::Jm =;:i===~=-:,;1~:~::::-.i:::i~~:k-=~E-==:g::::::::~§E ::c~=::::::~i ::..~k:::L~::::;.::·;J::-:~f:::::·L::::,~=:~':c~:=_~'~5 :Er::;.;:;:r-:--:-=.='~.::~~~=.:~;,:J::::.:::':::--:::~:"'~.=-.:::1...:.:..==~ 0° I I l- I.. CHEST !.~_.'l t t ~, , •~';~~i:fOTHERTESrOR':'--.--,-····;···.-:·:,'-·_l._L.!.++.J !~.:-J ';i·'=""!!.J PATIENT DATA ?;;\ -,;'-\1 .o("\. .085._085._ lEAD ,V 2 CF 2 CR 2 Clz LEAD Vs CF s CR s CL, 085._085 _ lEAD Vs CF s CR s CL 3o LEAD V5 CF 6 CR G CL 5 -__~I... ~-_._"---_..~~~=~~,~~~----._<_.,-..~)~'-,L1Mf,?;~''EADS - s:~~~~U~:~~~~q~:::~:~~j:;~~T:~~:I:=~~_;;::~,~~~_::~~~===J.~l~~t~ (J) ~:>...z 0...O?:'J:x:0>0 '"~;JQ :'J '"Z Cl!'"-< ~:z:()?'"0!"CI 3:VI !=-0 i..> !">VI ?-z-< OBS --:-:--__OBS.~_ mr fT1 (") --i:::0o (")» :::0o o G> :::0» -U:c-(") :::0 fT1 (")o :::0o 'U(\c.l·n·.~..·,)v ..l.i,:...JV.L .i ,l,.,~J). I;f~·~~;·;·l ..:\ ;n .'.:,-:~J T7'ir:'Ti('~.~••••,....,.••-'.•-.''<.;...../....' OBS•.:..'_ .~~=;::~~~~~;;:~;~~;Si rrb:;;.;,;;:;t'7-~.'::s .~:::=;:::;:--;:-~t:::;:;I:t;:t OBS.,_OB5._ DATE~I/1/f..1AGE !,I SEX-!1L CODE~=_4l__~_ DR(S)'1.3.17114.4"/ AURIC.RATE-..,7H(c,..:.i---O·R·S INT.-lia-.:--:......$'_ VENT.RATE 7 (1)O·T INT -:-:-__ RHYTHM /.1rUl)";'S·T SEG.,~tlM1-#--F P WAVES .1knXIAI'I...f.T WAVES ,CDlI·~1iI p·R INT.•7/0 HEARTPOS._ OTHER &REMARKS~'__~(~t~~~i-LA~L~t _ WASPJ:'"OOrfON HooPI TAL NURSES NO'I'ES Room Noo Yb-.3 Form 3 FUe Noo j-,>/21" j I HOUR DIET -10Vo fluids,_ DATE _TreatmentsAoMoP.Mo -...- OBSERVATIONS -Patient's statusPertinentreactions totheraoY'o l .-..--- ,;,5'->'...~-:J/i 1 ___~_---f12~,_-+--I--0""'.'_~"""";;;...,;;;;:,;;;;..,.;;,;;.~;;;;;.--J.&,:A~1~"'-'----------,1/7 ,/ff,"/1 ..__...._-+__I-_-I---+-~///.....!.A--h~.!:...:<=,....;;;;;,.-'~=-e.,tA'..o::::::....;;;;·~--L.=-:.r,...I/-----____J! !1}-7'-'_-+-I~L:.'/)-l--~~xzIU~1~',,--''-'-+,c:;.-t.-I'-rJ~..:=f1t4=Lt~·~=.!.:.uJ=::...::/-/-~/lf-I...r.:.-t"-'-=L_.;,_;-.~(/~;r-...;;::c81;..::O~8~_~ .~?-£tL0lJ'-';!eLLI-II LLr Q.-tL .uA-f...t.l.,.j I O;J;S -b t1L!V~Ll.·eU~4c dutkJ./lA '11.J./-UJ 1-l,~--0.j !;(j".i,....--+---f--ll-------"------+-"~""-'tLu..~ir"'A.""-;''-"-'-·1'lf (L(\A@ ~Yxa.L1(f -.11s&<-<,oift-! Il::t:.{.,~l./)/--<--(/.-£<.:,0.//J?'U.L<t-lLd ----' J'j ___..-..o! II__.At-'+-_+-_+--_---:.-.,._--._",,!~'.--'."'''-'j ~,',1 1""~':;','..--·---~.--l__~_---,___,-_,----:---_---,---'~,..-.---~.....,..->·-~i WASlITKG.T-ON HOSPITAL Form 3 NURSES NOTES ..Room Noo--$l-File Noo /..1-/13 c)..- OBSERVATIONS -Patientis statusPertinentreactions tothera,pyo .~ DIET - I oV 0 fluids,'... -Treatments I 1;/;7 I () I HOURDAm .~~d)_~!?j;L,{7.A1)//~~g/.~~ -A"-;~V {2--~(J/L;/uiAA1~t'~J:~:./ __-+-_-+_-+-f-:::/J '/Y'-!4.t--tYd2s~~-rUC:-tcYi'ff4-,~,_/ /y;;Z~J/Y1~LJ /J.'YL<.;b-<~:~ l 1 WASH[~TON~OSPI TAL NURSES NO'I'ES£a--Room No.&J? Form 3 DATE ,, ~..:.:H~OU;;.;.;R~-JDIET -!oVo fluids,.,. AoMo P.Mo -...-Treatments OBSERVATIONS -Patient's statusPertinentreactions to therapyo ,,,-'':':/1tj.L d,t-~~--..---I---+--l----------_-~~~~:r&:=~~;.,;".,;;;;.;~~;.....-.~.....--..,..---+-~ _I-__I-_-I--~(\+_......:\"\~-----:-\.\___:\~-......-__l-_l\_I\~----C.(JcY~--~.'L.L.&~.~-:Z..,'f2.~-;nL~";.!](ly'~~~jj£:..~'ZJ.,~...l.t:rJ/j.--_.'"h~,~~ll\~(~~.(lM\r\~J!~f~N1 (/~/ _·_···..·1··--~.!:...--I-4~l,..U...~~~L!L..l...L:.:..~----~~~~~Io..<:.:::;L=---_T_--{\....,I:---------1 ..__._-,-4--+-----------+~\~,~".u..,(.r-Q~W~<~6{~'~(,l~~."Ioao-J.~-'i\~f.-ll~IIL"L.:NI\~;;\tl\!.;.J.,Rt,',:..;.,1\..;;;;U-FJre_~!~1~~:5J.-.- _---I__-I------,.a~~"'\__---------lG','bti ltJb:J~._ c:('),&~,,I ., f---4--+--/1..:..r~-{J·l-,V~~----------1 .J(fi;Tv~t r7\u.ll c:NdJ"n<~~pI---.---l----!--I----------'-----!---Pr--~~~'*___.:=:...Jr_r_---------i;j I~V}llJv f/~'yl!!n 1----:-7""-4------:-4-..J.---:r-----:>r-'"~_7~-\...J--../......;./..-1/\~JjJ~Y/1~,/::..-.--"_ ,..,..;;v:04::=~~0=---4,7~-:3_·U-4-'_~h~'£?......:::::i.Lc:+-MItf('~/A~5:/._~!.~)-P-d./eo-e~ b,..... j.,.~. WASm ~'GTLt;HooPI TAL ~S NOTES Form 3 - I DATE ~._--- b HOUR DIET -1oVo fluids,_ AoMo P.Mo -.,.-Treatments oa~ERVATION8 =Patientis statusPertinentreactions to t.heI'D.Qlo WASHImTON HOSPITAL NURSES NOlES Room NO,,_~:s Form 3, File Noo 6.5/:235-/ ~\.o?lo.o;;;L~.·......:'''''-~·_ HOUR DIET -LV"fluids,-..OBSERVATIONS -Patient's status IDAlETreatmentsPertinentreactionstoAoMoP.Mo .-0 -therapy"- ~).V 1,,7 Ylz-d IIM/Cl~u9f 'Jt/.zJ ""1, /I.0 , 1 !7~V-rwt _0't1 (j i '.I '"U(cr-')II f.~1!.:.?lteJ?&/;f.!-I-Xeg.IMt<.J SO~t'J~~eT .4~/~CJQ - //~~T-/6'fi:;1:JQ,vt1L .II.....~.'./t1t;(Il-OtJ.A hO CLM/~.t:1 -'fi"n1./J/.d:J/tJ ~~...._._-_.• P?/J//V-u £.~J/~.1uIk~j -"~_._-I~)?6 //~IJa r11~Jj-J o..1;u uce 1."l-_._-"7 3~t&L~A ,h fl_'fA {J-/\~)1i.u-. -J '-~U..A.AJ..-fJa0~fI ,oj ,LJ{~-tJ _0.(f .~..--; --=4 11;-/.flfJ.JJtL At?';jJ0 C hu_-,Lt~1- /...lY}1 ,.;//--. I 1 ~.A"/.I.~l~~:';A· -I '....-;1 .l.U-J2..1:;:.- I y-}I')I),j-oiJ-~p'-tf.7,L/d ..c.:L/cI....'··...../:u...LL-JI-~':"':"'-._.- I ~/~~Li I' IZ I.IZ-?}f J ~;".:;t.)t:l/.?-/7~l.--e-e.:n.-t;~...:::--.J (/v.7 . Mi/)/f/UA.·/(r2L~tliUf!"??-...,............_---.....{/PU/{~,--------- -- I -----= ..._---r~-·-.".., ..._....~-_._.----_,-T~:--'_.o-···-.o-r'.o.o--.......- _:==:=L_,~_·__~.~__--_._..__........_.. 0 --------,....,.............-T - -,...-,--.~-.......~~""---~~_..---""I -C·.__",c:;~_...~ I ~l-,'---..-----.-.......~....--- '''.iT "---. 'rJASI·[[1UT0N HOSPI T~L ~lUF$S NO'1'ES Room No o 4:,,3 ., Form 3 .. ~Treatments I ~_H:;.;O;;.,;;ij~R_-l DIE'r -I"V0 fluids, I DA'lli..AoMo P.M" OBSERVATIONS =Patient's statusPertinentreactions to t.herapy" "----------------------- J-,.. ~. & -. THE WASHINGTON HOSPITAL WASHINGTON,PA. SUMMARY SHEET "'-'~""";"'.""""'"-"'-"', '....'".~",~"-~..'",:~.<".' FILE NO. 166199 PATIENT'S NAME JIDfJJlN.noccoR:«;Y S CITY &STATE FINAL .~.. ....,..' .....: ...f.. COMPLICATIONS OPERATION CONSULTATION WITH AUTOPSY 0 YES 0 NO DIAGNOSIS ONLY RESULT: DATE RECOVERED D I I I IMPROVED I [JY ".0>-.RELEASED NOT IMPROVED kc~NOT TR.EATED I DIED IAGAINST ADViCE InI~.<·"·ne)D i(\t/Ij __~-.~i;;i~)C0.KJ'A"(_'}~1a'fvr'?..,/'...(-l-·..·~~r::JYi'I/..!..;""""{,.,.;/(/......L-;-,..)tJ -/(_t..<:-p,c'-=-I ,'Ph./).~_,.C.v';.::.~../'-(I~lSI'N'AiURE ..ATTENDING PHYSICIAN - -----_.~.--------.-....---_..--_.._-_.__._-------_.".".r .... DISCHARGE SUMMARY THE WASHINGTON HOSPITAL 155 Wilson Avenue Washington,Pa.15301 Rocco Button #166199PATIENT1SNAMECASE _ Admitted 7-15-68 Discharged 7-25-68 Chief complaint:Fever,dyspnea,shortnesS of breath~ History:Patient states that he bd been in good health until about a week prior to admission when he had progressively had more dyspnea in the tID or three days prior to admission.He was hospitaliz ed in August of 1967 with chronic lung disease (bronchial asthma).This pat ient was eva1uat ed in the emerg ency room and it was found tht pat ient had a temperature elevation ani he was admi tt ed wi th pneumo- coniosis and proba~right lower lobe pneumonia. Past illness:Hospitalization:;one year ago with a similar episode. Patient has no allergies to food,drugs,or pollen;has taken no medi- cation rec~ly and no previous blood transfusions. Family history was noncontributory•. Soc ial history shows he worked as a coal miner.Live s alone and has done so since the death of his wife. Systemic review:HEElfl'-no known di sorder •Cerdiorespiratry-chronic lung disease •.GI and GU,musculoskeletal,neuro,and endocrin-no known disorder. Physic al examination-General=-this is tre second Washington Hospital admission for this 69 year old white male admitted with shortness of breath through theenergency room with chronic lung disease and probable pneumonia.Sldn was warm,dry,fa,ir turgor.Eyes...;PERRLA. EOr1 intact.Ears-decreased hearirg biJa terally.There was cerumen .in both canals.Nose-no polyps Dr '9bstruction was noted or rD evi- 'dence of epistaxis.Mouth-hygiene was p001~.Teeth in poor state of repair;tongue was namal hsize and movement and was moist."Throat- no injection was noted.Neck was supple.Carotids were equal and the thyroid appeared within normal limits.No venous distention~.s noted.Chest was symmetrical with equal expansion bilaterally.There was slightly increased AP diameter.Breasts were those of a normal male.Lungs-diffuse wheezes and rhonchi bilater~lly.Posterior greater than anterior and they appeared to have decreased breath sounds in the right base.Heant-sounds were distant.Normal sinus rhythm. Rate of 84.No murmur was noted.The PMI appeared in the midclavicular line at the fifth intercostal space.The abdomen showed hyperactive bowel sounds with an occasional peristaltic rush.Patient appeared Form 301 r .~ ... :page 2 DISCHARGE~SUMMARY THE WASHINGTON HOSPITAL 155 Wilson Avenue Washington,Pa.15301 . PATIENT'S NAME R_o_c_co_B_u_t_t_o_n CASE#_ slightly distended Hhen first seen,however,no masses or.organ- omegsly was noted.Genitalia-normal male with bilateral sCDotal testes.Lymphatics-there was no significant adenopathy.B~ck- no deformity,scoliosis noted.Extremities-no clubbing,cyanosis, edema noted,Neurological-cranial nerves intact.DTR's were hypoactive being.+l but were equal bilatenllly.No pathological reflexes were noted.Pain and vibratory sensa.tioU1vas norrr.al.Pros- tate appeared normal in size and consistency.Stool was noted~60ft in the ampulla and patient had good sphincter tone.Impression on admis s ion was chronic lung diseas e Hi th an a.cute exacerbat ion a.nd right 10Her lobe pneumonia.An obstruction series Has obtained shor;tly after admission and the a.')::>domen appeared Hithin normal limits, altho1,!gh there Has old splenic calcif.ica.tions note d.Chest-the original film was interpreted ·as follows.'The heart shadow appeared to 1:e within normal limi ts.Lung field showed findings compat ible with pneumoconiosis and thre was a small amount of reaction about the fissure on the right.It was not present on th e examinat ion Hhic h was done previously.It was felt frat this may represent a small roccus of pneumonia.A repeat chest film done four days later again shows the pneumonia and the final che st film whi ch was done on the ·day prior to discharge showed considerable resolution of the pneumon- itis in the right mid lung field.A sputum was obtained on admisson and grew out gram negative rods and these were sussceptible to Rondomycin an well as several other drugs.There was resistence to Penicillin,Ampicillin.The patient had been p~ed on Ampicillin upon entering the hospital and this was soon changed to Rondomycin. "Laboratory:Urinalysis on admission was normal.The heomogram was as follows.Hgb 12.3 Hct 36 with 10,500 Wbc 73 polys 18 lymphs 8 monos 1 eosin.Repeat done on 7-22-68 Hgb and Hct were essentially the same.Wbc had decreased to 7,450 with 63 polys 28 lYmPhs 9 monos Blood sugar on admission was 119,however,an IV was running.BUN wa.s 12 and electrolytes were normal ~ith the exception of C02 being 32. A repeat blood sugar done on treday prior to dEharge showed that ~was now 96 BUN had risen to 25,however,and repeated electro- lytes were normal.Serology was nonreacti~.The smear of the sputum revealed few gr~positive rods and tre culture enterobacter group and alpha strep.EKG on~o occasions originally showed very frequent '-atrial premature beats and otherwise a namal tractg.There was no change from the tracing of August of 1967 except the premature beatsi The repeat revealed atrial premature beats Which were present in tm ,pr~vious tracing have disappeared and this was interpreted as a normal tracing.Temperature which was on admission 100.6 and shortly Fo~~Breafter had ·risen to 100.8 orally became normal on the second DISCHARGE SUMMARY Page J THE WASHINGTON HOSPITAL 155 Wilson Avenue Washington,Pa.15301 Rocco ButtonPATIENT'S NAME C,ASE#_ hospital day and remained so throughout the hospital Gourse.The patient was given IPPB with Alevaire and Isuprel and was given Brondecon,saturated solution of Potassium iodide and the above noted antibiotics.He responded very well to this therapy and he was dimrrarged on 7-25-68 to be folloW9d in the office. RLM/cdv "'. Fonn 301 .j{tr ........:"""'-r. History of Past Illness: C)~~(~1;fA...'~-~.~.,,~,~'V'.. o rv-.~.~;{;;-~, .-11,, Family History: ~-G~Cf. Social History:~/~~~~( (j~---ct..(.{'vv~L . ( II./~'-'.-.V"._.~,-,~.(e-.,-- o .'"Signature I Intern~~------- "..e THE WASHINGTON HOSPITAL wAS:a.lt.tG'rW~.PENNSYLVANlA.. HISTORY A.M.Hour:P.M.Date:.....L._ Chief Complaint: ~\~u~) History of Present Illness: '2.-J rc- f2/\~"""'A.._t.......{"!..I r,,"'~"'.._ _~ M. "..~,.woJ,'_• • •.•t-."~'.',.",'. n ..·rr.LJ ,.r ••',/"-..Room No.<)ZJ 7 File No.1 {(.{CoL':, Name I -:....-~~~~.:::::!:::...._..:.-/...:C\.--e:..:~-=::::..__;..'.-----.----F-O,.m 2~(l4'...o~l. WASHINGTO.NHOSPITAL WASHING...'\"(\~I!.~LNNSYLVANIA GENERAL PHYSICAL.EXAMINATION Ears:J~; Nosel No ~P'<-r-~r-~, Mouth,fh-r.....--~p-,-v-.~l-e~__.,.d;(c..-A -£~_.~~ Throat:...~_.--.~~ Neck,C~""V_:tZd7~-.ft-~-l .' ". Heart:B.P.~ ~i..;.,L}-I- I fl/b ~~~, Abdomen,/J 11~C'~~~f ~~~."Z.r'C.~~~,__~.I: .I'~~'-<-~-·fP~~fv..u,.J...d:;i::;,_(. j1;1l ~~~~ '.~4~: ,,~ Name:~~'~-c:.e:.o ~...'.Room No.':;;-O7----------------File No. Porm 32 (FL---'----_ ~t~ ~'.'.'l' Geni talia:'.17 fV~...z Extremities: Back: Neurological: Rectal: Vaginal: Impressionz/\ W Signature:Intern---------- .0 •.,'.!:.-"~,, Form 32 (Ba.ok); Form 1 (Preprinted)THE WASHINGTON HOSPITAL WASHINGTON.--PENNSYLVANIA TiL J1-1J~-====;;::=====================;:====::;================='I-i DATE DOCTOR'S ORDERS ~~'5-PROGRESS NOTES ,i :::::::R:O:u:ti:n:e:L:ab:::::::::::::::::::::::7A:-r:~12:1.:>~n::£::7::.-u::/J.::&::141::-:(;:/:~=::~:=::2:t:7::$:'~\ :1'1 D/A'/~J 7 I --!I t--='D:..::.I~ET~::'--_------~-----"':~_-h~//,yA::t.."?~'k~V'...:pg~'~-",-..,?ib:..!!:,;;;_-:""L.T-:;A+-~:""=:,,,~,~.;;,~,'U.,L.....:~:.::.:/~.~~=.!::~~.-1/~'\' 1 t-_---.lG~~PllJn"e.1:).r::..s.<>L'._.:....__-I-__~V'L.J'L~~~~,~~/:....:\~..2'!.~d~.,~/7~'~L/,W~'/?"~~-::.'!~~'~~~t/:::::::::..-.::..__ I -j-_--=-Ot=h:.::;.er~r-_~~c7<~~..;~:::L:._·~X:::!=_-_.A,c..~.~~C2::j,,"'~l-Gd~~~,~=-:.----_~;!"/SLEEP RX:..df..../'~__J..I #-I ~~J!l~""""'~i. AmbulatoryBedrestBedrestand bedside commode I /~::z-e.-- 4---+----.---.~-- _'---+__---=B=ec:.;::d-:t;est and bathroom privile~-t __+_ ECG: r.HEST X-RAY: LAXATIVE: V I~~~:;;;~_~;:,r;#7 .,I ~,-"'1-";:;1'..--J..---------------, ~4//~~ ---t-------------·----------..-+----+-----------------I -..,..---b--------------.----.---+--+------------.,..-.----: "JAME: \'-\? F:;1 THE WASHlNGTON HOSPITAL WASHINGTON,-PENNSYLVANIA DATE DOCTOR'S ORDERS DATE:'.PROGRESS NOTES I ..I '/'i),(-D//"1 ))o../,f.....-,.,,_.I 71 A..-I /r'/,'/l\~/JL~H~'~______,/~tb./- ,/.•....,L../tv-f ~U C>"",~//'V"o-A.II I I ,~J?P~7 ~r t ..lA ~Jl t-vv- I 1\\/-~---:.A41tJf-_-'~----.-------..-'._I ~,I I f!-:---.-.--::::::::=:==--.....:==:...r---+----:::::::.::..::.::...---------- '\.!/lV '-r.J.0 . II ROOM No ..--::.o~5~;U~2 _FILE NO./6'c,.j?r' ( -------------~--------~~~~~~~~ -THE WASHINGTON HOSPITAL WASHINGTON,pNNSYLVANIA ' .:;;_.====::;::::======-::=--=-==_::;:_.======::=:;:=-==-:;::::==--===============1 DATE DOCTOR'S ORDERS DATE -PROGRESS NOTES ~-1\~ \\K ---- ~I i)l- I - ----- '/1 FILE NO. THE WASHINGTON HOSPITAL ",-'" WASHINGTON,PENNSYLVANIA .;.;;::;:;::;;:-=--=;::==============-..:::-=-===..:::::...========--==-==r;=::::::::;====-..::=.:_=--==:===========I DAT.E DOCTOR'S ORDERS D~TIE '-PROGRESS NOTES I /1 v ..~<,~r- ,/23 -----1---------------1 I tit 'L.,r-Jr THE WASHINGTON HOSPITAL WASHINGTON,'PENNSYLVANIA PROGRESS NOTESDATE ,/?'I '(. \\ DOCTOR'S OROER.5 Pt!.TE.:;;:.::.:::t========::::;;;::========1 f---------.---'--'-'-'--- ~-----'------_..._.--_.---...-t---+----------------- if'1'--+-~-_.---..-....-.--.--.-.-.-....-.--.--'--.------.-..---···-··-t---....)f·"""·~·--_ ....~.---.-f-.-.---------~----.--.----_. ._ FILE NO.1Gb 17;2 -' ROOM NO.~-C_}.4.7 _ f--..-_.._-__..__.:.::::::.c==::=:..=..:::.;::===-.:.-:::=.=~============== IAME:il.~t:lr,c)~_.~...,.....,-__ WASHINGTON HOSPITAL WASHINGTON,PENNA. X-RAY CONSULTATION 11683.X·Ray No . D 7-17-68ate ;;. Name _Bu.t.t·on.s RQ.c.CO .Age........................Room SQ.7.. Request Examination of .o.b.atrUc.ti.on s..er.i.e.s.. .....'"_.._._~__-:. ..................._.____--_~.;. Bonessi Service of Dr. Roentgenologic and Fluroscoplc Findings: 7-17-68 Examination of the abdomen in the supine,erect and left lateral decubitus projection reveals some splenic calcifications,but no other unusual calcifications,organ density or gas shadow. Impression: Form 10 The abdomen is within normal limits although there are old splenic ca.1cifications. ___.._._~_.R(\entS'en~i~gi·s·t..·.... CoG"Rayburn,MoD. ~~--~--~------------:----------------------, WASHINGTON HOSPITAL WASHINGTON.PENNA. X-RAY CONSULTATION 11911X·Ray No . Date .7..-::J9..:.~&. Rocco Buttons .Name .Age........................Rocrn.5..9.7... Request Examination of 9.h-.9.~t._,.. ..................~~. J.................................................................__-. ...:_._-_. ......Ban.as.s.i .. Service of Dr. Roentgenologic and Fluroscopic Findings: 7-20-68 cHest: Examination of tthe chest in the PA projection reveals the heart shadow to appear within normal limitso The lung fields again show the findings compatible with pneumoconios1s.There is now a small amount of reactbn about'bhe fissure on the right tha t mas not present on the examination of 7-14-68.This may represent a small focus of pneumonia. ~.., .:......._._.__:.:.:_."---."RClelltgenologist I Form 10 I i=- ~'.. WASI-UNGToN HOSPITAL WASHINGTON,PENNA. .X-RAY CONSULTATION 12380 X·Ray No . . .7-23-68Date . Rocco ButtonName ..$07AgeRoom . ChestRequestExaminationof _. Bonessi Service of Dr. Roentgenologic and Fluroscopic Findings: 7-24-68 -Chest: Re-examination of themest and compared with the film of 7-19-68 now reveals considerable l"esolution of the pneumonitis in the right'mid lung fied with some residual stranding along the horizontal fissure.The reticulated interstitial fibrosis throughout botblung fields is due'to the underlying pneumo- coniosis probably on an ocoupational basis.The remainder of the chest is unchanged. Impression:The pneumonitis bas shown considerable resolution since the last examination. Eo M.Turich,M.D. Form 10 .dTHE WASHINGTON HOSPITAL LABORATORY RECORD / ..~C-eo ---t[i~"1 ROOM gd 7 ADDRESS _FILE NO.-.L{:~lfa ~-1~E?~~::--__ ROUTINE ~URINE BACTERIOLOGY, ,-,-SM-EAR.scn F:c-::~i-:..~~':':::COLOR _pH SP.GR.ALB.REDUC.KETONE CASTS KGB.R.a.c.W.O.C.DATE MICRODIl.TE SUB.BODIES FOR BACTt:q!.~ ;J/P~-~-.-- i 7ifh!.,f:()/.d//--lJ ~- \ I - "DATE CULTUREII - I '.HEMATOLOGY PROTHROMBIN DATE HGB.HCT.WBC.PLATE-6ED.POl.Y STAB l.YMPH MONO.BASO.EOSIN.OTHER DATE SECONDS LET RATE IHR,CONT.PT, lIS-f/f IT t CJ?h 1:.J!~-/2.3 dC,~J:L L =1---.......-...--.......;. 1,JJ·t,)a,~\i~7Ysb w,3 K q .~~:2f I- i , I :BLOOD CHEMiSTRY I- DATE BLOOD UI!EA-N NA K CL CO2 pH DATE SGOT LDH HBD AMY.ALK.SGPTSUGARLASEPH09. 1·/S·£Y M /~/.1-1 3/6 q7 3) 1,/7t,f Jtf3 ~/a /P-/Sl- i 11Jd/J 'Cjh ;2___-').' SEROLOGY DATE FLOC ~~~?:,FIX I I#j7Jld i I I I . I -I OiHER TESTS I DATE BIl.IRUBIN ACID B.B.P TOTAL SERUM SERUM CHOL.THYMOl.DATEDIRECTTOTALPHOS.30MIN.PROTEIN ALB.GLOB. I I I ,I I I, I DATE MISCELLANEOUS KIDNEY FUNCTION (PSP) DIl.TE ,../RST PERI,OD SECONDPERIOD TOTAL -;"{'f:(::':::---::=(::::/:::":'-:="'=I=/=:=::=::f::<"=o:-=r'-=l1~=l:::;:;:'_!:~-,~("~.y I;;;;.........___=__-.-----~~"'~,~ .. ~1H jll' Ih H!'I .:~Ej:ASHI~O~,~OSPITAL LABORATORY RECORD I:NAME /!if[~J2{)2.;Jc~lJ .ROOM~e.-.-::::.-+--I [ADDRESS I FILE NO./r:({/9)9 .....h.__••_ i Date MIS eEL l A N E0 US REP 0 RTS~=~~====;================================:::d I 7(/Jf ~A.-Ih-f .4'-.. -J:AtCUL ~f!:-q/L{1/M~OQLU~~(~k.~~1~~.r't1f;;;~~ .i,.... .J....... "'"". ,;,",,. I, ~! I ".., .. ,r f !.: ~",..'.'•·ff·;f ,i.....-..';~ .. Form 22 (B) I 3 LEAJSf.,~'. ~fi:"r~8;"""'~II'I""'CC""""ill"-~ITj~~~~I£:B0~#~H~@li~~J}TItt~t~m~iLt~;~~ .> M 0 ~:0 0 Mro1:0...., [Il ~-<~~:'V::;....zp b:....g--"J>..::.~. lD ~W'"?C)-~a;.~b OBS..:,_08S._ -0»-; rrJ Z-; .{\ 111rrrt () -{ ;0 -o () :l> ;0o-o G) ;0 ~ "U J:-() ;.:0 fT1 ()0- ;0o OBS. AVL _.-.-....:.......I;~.:1_~~1;iJ.~ y!~~~S!II:~~:;.:liC::·r \~·l;13~rIII·::}:i:CIT PRINTED IN U.S.A. oOBS.._ ·OBS.~·---------_ I«.6 SIEC.}>l '.~~I ~.',.~'r"'~F""-~="""E=tq"+'<r""',r""rr='~h~~~ 2 1···+---.f=I_"_I --.-t:-EJ~LI ..:.t:=I-~-+,··t:-T...J-f---I·...:¥.---t----...-~[-'-··..1--·.,-~~--.-;i~!.I\;ra••'~~~~i~ii.itJ ~'R INT.•(f-~'HEART pos!...;!~L:' OTHER &REMARKS:(JnfJ-'u.'~~CU~V::..!.-r-=-=-_ uo·-.~--r-}-~-L__i-:_·._~"':.:_~(i~~·.:'I I •.'.0'"'.OTHER :r~.$YOR .'..,:-.--:--,.....-,._,-.:--!--"1 + .~.:,..I PATIENT DATA __----:'".._~_,_____-------_ I \,>'y M.D.R~~~ CHEST LEADS '\'\'.-. /..70 I 08S.....:.-_08S.-'-_ , t!I, !t tIf I1 ! I LEAD Vs CFs CR s CLs 08S._ LEAD V3 CF3 CR 3 CL 3() Jl1r Jl1 () -{ ;0o () }> ::0o-o G) ::0 }> "'0 J:-() ;0 Jl1 ()o ::0o ~ 0 ~Jl 0 trJ1'1 Jl "-3 OJ ....l-<[''="_z~;~ '"~W N 9 CJ-~a;~ <~ tl 085._ AVL .,,","'1 H·.f"'I.,S.PI'1'nTWASHn~G·J.Vl\~~r...J,o( 'IT:"STnl~GTOJ PENIle\.'-l1'..."1.-"-_' 085.------:------_ 085.--&_ 2 AVR 1" ..~. ; i;l. ,i j III .P·R INT._..;:.....'--"-__....--....-_HEART POS~~ OTHER &REMARKS:~t«-~F=_ PRINTED IN U.S.A.."'.~~-...---:-........,,'."'~~'......".,-t"..:\"...,.~....!....,~~•• -~HYS;L DATA·65:~£'d':(.,.•B.P.,ETC.)..k),.,~/-&7 _VJtL<.k~..;-rr.-<-4-J ~"'~MEDICATION DIGITALIS ,QUINIDINE" DYES IT}-No DYES ErNo 0 YES 0 NO\, REMA~:K~(/.t(-<,K '\.,;: .\.-' '. LEAD VI Cfl CR I Cli LEAD Vz CFz CRz CLz '---.f-,'~-- -h .: OBS._.:...---'-~ " , '••("1"1 . ...:'"-'_.,~-: "'::_.~,i ~~.. '2?'~?~.--~~'-~~i::~=-0=~~~;"~+P;+H.L. 085,_---,-_ ,', ',' .. -;~:..:;;'., ~f?ft~'~~·-M.D. •r . '..'+i+I _..;...-1 _-0_" ,I-'-. --'-' 08S.--::.~======= ,. lEAD Vs CFs CR s Cls OBS.;-__ "..' III I 1 LEAD V3 CF3 CR 3 CL03 08S._ LEAD V6 CF 6 CR 6 . CL 6 I I J .f 08S. r0', ,.'~t'.... Wl(sHlNQ'fON HOSPITAL .Form 3 NURSES NOTES Name ~~~Room No..;572,7 File No. HOUR DIET -10V0 flu ids,',OBSERVATIONS -Patient's statusDATE-Treatments Pertinent reactions toA.M.P.M..,--theraov. 7-/5'";¥If II It>~U¢/~~(),J,~-AA"//.dA./...A.A...':AI '//J4 bdul t9 (jBe.x1 ;,1Ai ~A /~ 710o l/-if 3 b 1 8%0 II " fly ~I /r--h~__lIAA ~L//h~A:7j ?/b rO'£/LJ/JJV _b../~A-Jd9-LJ~'.": ~~~;t.//,~~V.a ~A~TJ.d- '"0&7~.AA~V , Jc!~~A-bk/~ :1-r-h7 f)/1-1.,-ru:'lu,dJ +~~7-1/~'~-'.I4-~!!~....." If,,,D _71 ~-1 ./#...A /1,"0 , /'I f..~-<I _n.,~3f-~~t7 / .• 0 {/-----/.~~/2-A ~'1~A).--r-..---A.--t6.A-4A~-aU '. I~A-v1L7p A d..,/::I-C/. '7&;~~4-d/t/.~ ~./}-.£'4+;'As:'//~~Uj ,~~Lh1 L)d..AA ~~d l'l -- ~~\J ~I oJ.~•~-c /0 !•( v'1.A Jl'.Jn ~+L .....ll".A...~/).A.-.'-7'\.,...1 • ri:),·,;>.....0 h H./J :I J1 (7 l/tlA:!~/ ...""''''nb.e.L.9·J· '--'"(J Je/1~t)l-,A-U ?/. O~-o-I02 ./j)"(lJOo ~.;n :f";~~l//Y~.-"r...IS4:f #.....d /;-'h .......-,;:--..;...-:fA-,<-t,A:.--</~:. 'y....(~1 ll.n'.1'..-~I 1-1'-11Ji.ILl!.4.-(I>:/(..I " ,f,/1/:'<4,<.'""/1/I /~J:.(,.1 u-u '(//A,0''..--,r I .- t>~ WASHI IDTON'W).SPI TAt NURSES NOTES Form J File No.J h ~/f1i HOUR DIET -I:Vo fluids,OBSERVATIONS -Patient's statusDATETreatmentsPertinentreactions toAoMoP.Mo -...--therapyo ~Lwf!"L;/u;h·/'//,:,./,--/{.~t!t::'A-r .c__d A'th1-. ~j;// /I /~tf~.-:-Ld.'//?'~///ItIA,M-{lAL/AA "I'.~,.f I ft/hr,i:1',-/./~vl/I/'.t:L?"C.LU 11Ltl..~i 1/f.-/~lft~.C.C-! /}<" "l ".~/I ~/.(;_/..t£i ,.,:t<tt-//)d.u·ll~I f Y!/./~'A..-tA..c;-,.] ",t.:...1////J /./f'A~..I1 ~.',t ,,'.Lt'JY I h/.4'J/,~/./f.~.-1 >-4't'A(../.bi/,, 'fl!~/A'~'//, PAk [/;;/AUA·1 ,.. 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I \lJ U A11.41 //1/ALtJ'11/#)c~.;~. {//}: r\.vJ J'JJ )/YJ1 j AL- ~X v?J1 ,f 1-J (/11 A-1 -I)!f.--I A/J....e dfilli-11 fn1;.L,u 1/"/~~'";a .~1j~.J~/r\..a ~A-0AJ , .-A J.0_. 7!;(:;'3 II (j aU It:, ""-vii _~CU1t.fJ,/_Lt:-·C('-e'-,~ 7h.(:L/-~/c1/J •./~vi {),(~(tt..C1;:;e-;Ct''l/<'7 pt.(A4:-~',;:L~L.d-.I!-c'&/r- 0VdJ ///1.//;j ?//:.//J..t>/~)?~n--t:V~1--£.V ?L.<2JI_;1/}I -,/::/l .z,<FI~//(f·i-('/ 11 ."./f.Y"J /,.'''/./1 •../J/./.{/f//-/.._L L/,t../,(.--1/&/.-.L<!,~ I ./;:'~lt-<-{__/~f A .&_1 /!c/ I ,/;:'1:.../.17 (?et...-(.(2_/',t ~~~/~.~1//~?/~<..~..1~4';'-<'..L. ;j " .. ... .-. ., - ..-- ,,.,..".- 0 .~.~-""...~-. I.,J"u ~.I~~~~'fe!~~'"---'--"'-~"'-'----~-----,-_.._----~_._---.'--"-'-,"------_._-".._.-.--..._,.....-..-~~~--~~'.-..... -~~-------------------------------------~----~--~~~-----"r~ ~....-.' WASIUOOTjjN HOSPITAL NURSES NOTES Room No.~1'7..File No./Ct/j1L Form 3 I '1/;1 //-7 DATE HOUR DIET -leV0.fluids,. , AoMo P .Mo -,---Treatments OBSERVATIONS f!!Patient's status.Pert1nent reactions totheraoyo. , A Lt~,O:-:f It:l(~-c<..-r ;,.j /">~i I I -r P!l !? !--+-:..--t--+------__-__-4-l..4f/~~I(QL.{+_j/;....I~~:A~ILt~,:cw.c:::;·~4'4-·------ !---i-_-+-_-+--.--~/}~/;:'-b'/..4li::U.::z.·-_A~1.AJ-:;:;..,....4;.L'J).."t.c;;:.t-t"~(.~'t/.".~..{;s,;,,;;;;·'/~/./~i·:~?(..c~~,-(---.-- i---+----.:.4--+------:.'---,.__.._~_<-.~_-.).-t-;"'";;..c"~-;J...'t4,;;>t.~~'A-~.~~.,~/'--~./",:..,.'.:z....;"....--_------ J~~(J/~</ OBSERVATIONS -Patient's status Pertinent reactions totheraoyo DATE t ,-,~ WASI{IM}TON HOSPITAL NURSES NOTES Room No&1 J--..-:H~O;.,;;.U.;;.;.R_~DIET -10V0 flu ids,_ AoMo P.Mo _.__-Treatments File Noo 1&?/9 2' 'Form 3 ,-i ! 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HOUR DIET -IoV ..fluids,.'OBSERVATIONS -Patient's statusDATETreatmentsPertinentreactions toAoMoP.Mo --theraovo.. 17.,/·1;-7 fj(,<'.I.I (1[1./:1-I/z-dii /7);,:i )'d/',,,\"-..1 .,"C.fvC/(_,./,(-l ~<.,/"..A.· dt,(/(f /;~)(;{/.~(jJ;-')',f/6-~/.... tU/J tl-~~',.,(5-L;; /tJ IJ()/'/;'"tC:c ~U()f e:d",'l -'/T~('/..0 ,.J7!••\:r.1---,{.-'l,"'-(.A._,_'.,'.f/-( / j Z -L-t--t~J.£UL/6~-j!,f);',t/.4''?r..'-~.J / i ij}(/(.>(,-tC~<A.-~ '1 'ftlA"--t'7.-//-~-:i//.A:,C--rL4..//G-(,.<_-e--t!£_,. .05'-0 ,/Q IYt //J.J1,;(JJ ul.lcuJJ/1 ,.!...0u A/J ~4L-J(L~"L r)\~~J'f~ ((11 £I A j'rJ,~A -l-f..-. {)jd '.G\~~.."Cl,1"vt.A -l.:f..AA'vD I I .-it 11 /')r--:-;(;'<-.d..J/~_~<LJ .' ~ . .' .Yr'" ..,;._""""- _-----~------~~-----:r---",.- .-'''''- FC):"ilt ~o.J5 (1960) \Viil JI l-:;'; YVashingt.ol1 COL!n"ty B·;;:.r !\.s;:.')CiatlU'H ~V:lshin..;ton~Penna. ,I,.....BQ.QQ.Q...J?Jr~~~.QN.3 ..Jft.QQ~!.~.r.!L ..:::......:..._.~....::,:.....,::..._::_....:::.....-:....:'::~~.....~....:::_.....::.....-:.....::....:::-::~:~:::::, ?{){9:r.:nL.J?.~..t.h.:J:.~.t~~.~~~g~.,rP.-.~.P.J.P..L ..~{,~.S._:t~t_pg.t~9..A gg.~~.:ty..~X~.P:~.~.y..~'y§.~~~.~.?___, being of sound mind and memory and understanding,do hereby make,publish and declare this to be my Last \Vil1 and Testament,in manner and form following,hereby revoking any will or wills heretofore m:ide by me. First.I direct that all expenses attributable to my last illness and funeral be fully paid and satisfied,as soon as 'conveniently may be,after my decease. Second:I her!\b~r give a.nd bequeath unto my children n.amely, Se.rnuel Bottone,Viola Bergman and }'lo:cence Leum,the sum of One (&'?:kOO) Third:I hereby give,devise and bequeath all of my property, !'tHi1.4$personal and mixed,of irJ'hatew.n>nature and wheresoever s:i.tuate;· Hhich I may own or have the right to dispose of at the-;t:tme of my death,:l tL'I1to ~TOYCE SELVOSKI,JEFFHEY SELVOSKI and JANE'J.!SELVOSKI,in. I do here)))!con~;1itute and appuin.t .L f~a Se]~v,.:ro i»t-Tr 0 9 Stl1&l~T$)~r~1.e Selvoski$his wife, to ,be rny execut ors of this my Last \Vill JIH;t't:su:unent to sC'-rVr?lhdthCLtt bond", IN JflITNESS if/HEREOF,1 Hacoo Butt.on the Testat V~'r·'..... above llamed,have hereullLo subscribed rEV name and affixed rnv :;cal,the.....'; 31~~'I:;3 day of March . h "1 I h :t""1 'm t e year ot our Lore one t O-:.lsanc,l1me nUIlQreC ana SiJ~t;;~tiwr:,t.r1.®t~ ~.. '/."/-11/~qfI .'"'V' --".(''"'/1/f /It'r i ·1'-'V (c''""1"j'i .)/tj..,/\/i /1 ('/.~,}/j;!/J'''/.~u _,-,-.l."_'i {,.[/)'I}\_L.:~L...,",\,,/.,t·:·;;-·I.···..······v·,;:,:. "'-~--' (;"".,,.,,,-",J'd 'b1',,}cr1 j .J,·l··<,dl~F'.J."b""<""du1b-'iCU,sea ,c',pu J.,l".k",anel tlce .1.1,.,j/~k (1 0 v C n,t111c Rocco Button --.,- - -.,.~--.,---~-'--,as and for [liB Last \-Vin and Testament .hr.1 1-.'1'In t.e presence or us,\vho .llaVetlereunto sUDscnoeci our names at bi.s request as v,,'itnesscs thereunto,in the presence of said testat OJ',and of e.ach other. ,/'/~/,./'./'1/,)1/\./,1/ '.1 J I ' o ~J t ...\",,,...J;f """'~-1 "'f~f'-~~';.1 ..s"..rTitt~;~~~::i;it:/:~::=;D •.•••.. tl 'I ch ;.;./ oj. II I,~ ,.-1 Q)..., ID en..--<I ~~'bJJ i{')1 II Q) '\.ii '0 rL: .,...;1 h... .....l- II ,-~.;l· ~\O': , ~·pc.~~t ~....:.~I II 0...0 Zi , ~'t,,~'-H ""<'~I ~...) 0 p .--., 1,,:-;:jJ -I:r-O 0 [-I' .....,II ~~'i ~~ U Pi v' i) P:)!rood I r"~ "-,.j •;~.-f; V .,...-1 f·',\"", d i-"'~ 4=<~d '., (,)C) ~~-t.":: 0 "'-M ~I t·~.i-' 'J ~d rj ---' (':j >.) ....., :urvQ) II ~)~:>Q.i 0 --c.)t.JJ..,~c~ d p.,,,$""",.~ ... 0#-'.... ,j,J~_.,I :-"'Y1'-q"~,.. "'''''rJ"~".. , ~'n ';.:,'"I ..,....: "...I,9..'·~t~lj> :,;1 I, ... '.~,""4 .,~.. """..~" Il''./'..~--, QTnm~nUUtralt4 nf Jruuliylnttuia IItt.!i~iugtnu Cltnuuty•.!i.!i: I,"~~.~.~.~.~.~~~.!..~.!:.!?Register for the probate of Wills, and granting letters of administration within and for said County and State,do hereby certify that the records of my office show: That..;~g.~.??!?..~.~~.?.P.:. of.~.9.r..tt~~.~.~~.!.~.~~~~p...~,in the said County,died on the .?.t.h..~day of....A~g.!t.~..t .. A D 19 69 .h 'd '11 d 1 b'd h 11th.d f Aug~st. .testate,t at sal WI was u y pro ate on t e..............................ay 0 . 69 ..108 341A.D.19 and recorded III WIll Book No Page . That.Q.h~.r.J~..§.~.~1.y.g.~.~.!.1 ..~r...~~.~~~.~.!.~~~.~.y.g.~.~.;".. w..~.r..~in the said testament named to be Execut ors thereof:that letters testamentary upon the estate of the said B.Q9..9..Q ~.I?-..~:~.Q!!".. ...:were issued on the ~..~.~E..~..day of ~.~g;.~.~.~19 §.~. to the above named Execut ors and that T heY w ~.r..e.duly sworn as the law directs.I hereby certify that the above appointment is in full force and effect on this date. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at Washington, Pennsylvania,this.2.7..thll day of Q~..t.Q:R.~.r.. A.D.,19..§.~...~.. ......................................................................"......~ Register ·"'I"*'!~..;;'~,:d ~---~ 3.) ~~O-"L~L~---:db~U5~~~ L>~~~h-v t-',a',A~'>9 ~~~',~ ~Z-r ~.- ~~~.,3 ~~~.,~ 1Y~3-.~d .!}~~~X'~""""""~ ~~,kJLQ ,. ~~~,~M~~~~'4f?~~~1-~~ry~~-\= / I Y:"'.0 /.///(~/t2~/t/(J '76,;7 -I.e.n ...----o-ae-7"'~-e1 )fd'':.A'./1 lTa ./"'.~1 O£.I To whom it may concern:--U @z:??-r-z.I!!C/ This is to certify that I.,Rt2 eC!.0 ;(3£1 r,T4 /desiring to have my wishes carried out as nearly as possible after my decease and in order to assist those who are kind enough to look after the deJails of my funeral do hereby declare it to be my desire that the firm ~.e~f?j.'-~~r ."r;/, .'h '-.-0'..././£~",'/c;a./shall conduct the services; /iT;.uneral Directors)-,...// That the memo,;al services should he held at the chapel or parlor OL~L~~/'_ or at the residence-and thence to _..~=~~.(Address),.:iJ -;.,""~=g:::;~---'~4.<:Cd-~~~=---==::='----Church where Clergyman,..'s to officiate; That cars be provided to accommodate the relatives who attend the desire to go to the Cemetery; 1////'.,y::/?}J #',()~RtJ7-.(l?",JThatnoticesbepublishedin!/t12/2~.'c./7/r'J f-..jt:.V·-:2/&p~'r )f?Z£>/.~/Q!;:;;i,,~~<rh.~ newspapers giving the time and place of the @ices. It is my further request that the interment be made in the.Cemetery at.....•where I (or my family)have title to the following burial plot: Sec.Lot No..Grave No._ My choice of a service including casket is as follows: W 4,8;j.<fh/-t.W,/-/"J~<?J~~~'4Lttplr?~(,'..-"\/("....,()7 "2/~:d ~L~O .%-e ~kZ~'~'--~'h'::; I further suggest a ~JtJ ~4AYz-~4 Burial Vault to be used. It is my thought that the cost of the funeral service be approximately $02 Q ac '0 o. In the event of my decease I desire the following peFsons be notified:,. My further requests ar~e _ -. Witness my signature thiS-",e.../__,day or .19,{f :\~R ______________..SignatureMlwO'.Jl ' Witnesses:--~_/itla.u<#J{ qZ)dA~-:-!L~/ M-4B .~--~,...! ,I -..-."'- ,-' ,"" ----~- r~ ? ":t .. I,ROCCO BOTTON,of North Bethlehem Township,Washington County,Pennsylvania,being of sound and disposing mind,memory and understanding,'do hereby make,publish and declare this as and for my La~t Will and Testament',hereby ~evoking and making void all other'j ,~1 Iwills,'codicils or testamentary writings by me at any time heretofore m~de. / ,.,':,1 .~.,,: :--~~ a 7 ( '0 :1 '/','.j ",'''~ ),,l 'j " Witn6$s conveniently may be done ,\/I I.I.(SEAL)..:..-_--=----=-:-,.,..-------.,.;'-,'''''-<',~,•••~Rocco Botton .;j-' shall serve without bond. of this,my Last Will ,and Testament,and hereby direct that '.,.:,,:'. reinalttderof ,,.,":_~.,.,,,:?',j kind~ndnature arid'wheresoevefjsit~~~~,of.,...~~~_',.;.'1', The foregoing instrument bearing the 'genuine signature of the Testator, was duly signed,sealed,pUblished~and declared by the above-named Testator as and for his A.st Will and Testament,in the presence of us,wbo at his request,and in ,his·presenc.e,and in the presence of each other,have hereunt'o subscribed our names as witnesses thereto ••'!~~.,~ t -'{t to which:I may in any waype entitled,in equal my children,VIOLA BOTTON BERGMANN,'FLORENCE BOTTON LERUM and BOTTON,their heirs and ass'igns. LASTLY:I nominate,constitute and appoint SAMUEL BOTTON~, IN.WITNESS WHEREOF,I,ROCCO BOTTON,the Testator,have '\lnto set my hand and seal to this,my Last Will and Testament, //:;,/0 day of Mal'ch,1967. FIRST:I direct that all my just debts and funeral ex- ~ penses be paid and discharged as LZ;':(,,"7-7"I '~"n ~-~-~"~~'~"""""'--:',..........-.---,d"-'-..........~_~._~~_.~. I ~tutr of Jrnn.aYIUani~}.a.a. drnunty of lIa.aqiugtou . TO THE HONORABLE JUDGE WITHIN NAMED: I hereby certify and return that on MONDAY the lOth day of MAY 19 71 at 4:05 P.M.,I served the within CONTEr'1PT ORDER-AMENDED ORDER IN CONTEMPT PROCEEDING~upon the within named defendant MARIE M a SELVOSKI by handing to HER EIGHTY-FOUR,ONTARIO, personally at HER RES IDENCE,R aD .#2 , Washington County,Pennsylvania,a true and attested copy of the within CONTENPT ORDER-AMENDED ORDER IN CONT~1PT PROCEEDING /and making known to HER the contents thereof. jf ....9 M .Deputy Sheriff. ~~btd'~Sheriff.1 So answersCONTEHPTORDER ~~~XIfdE~FlfN8RDER IN N0-907 TERM,19 69 INVOICE No.17151 SHERIFF'S COSTS $15 a 00 DOCKET NO.10 .PAGE 277 PAID BY ATTY.FOR PLFF,,' i ! } " .=•• IN THE COURT Oli'COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS'COURT DIVISION * * * * * *** * * * * * * * * * * * * * * * II~RE: ESTATE OF ROCCO BUTTON,a/k/a ROCCO BOTTON, DECEASED. ~ (NO.100 MARCH TE~l,1973 ) \No.907 of 1969 (63-69-907) )In Court Below ~ ) \ TO THE HONORABLE THE JUSTICES OF THE SUPREME COURT OF PENNSYLVANIA CERTIORARI having been filed from your Court in the above entitled Estate,I have prepared in accordance thereWith,the record,inclu ing Docket Entries and all original papers,for Certification to The Supreme Court of Pennsylvania,from the Orphans'Court Division of Washingto~County,pennSYIVani~~~ Russell Marino Register of Wills and Ex-Officio Clerk of the Orphans'Court Divisio • DOCKET E N T R I E S 1 9 7 1 April l-----ANSWER TO RULE TO SHOW CAUSE WHY MARIEM.SELVOSKI SHALL NOT BE HELD IN CONTEMPT OF COURT filed by JOHN F.BELL,Attorney for Marie M.Selvoski. AFFIDAVIT OF MARIE M.SELVOSKI executed March 31,1971,FILED. AND NOW,to wit,this 1st day of April,1971,I hereby accept service of the within finswer and acknowledge receipt of a copy thereof.B.B.R.&B. Milton D.Rosenbert April 8-----HEARING ON RULE TO SHOW'CAUSE WHY MARIE M.SELVOSKI SHALL NOT BE HELD IN CONTEMPT OF COURT. Before:The Honorable P.Vincent Marino,Judge of the said Court. Appearances:Milton D.Rosenberg,Esq.,of Washington,Pa., representing the Petitioner,Samuel Botton. John F.Bell,Esq.,of Washington,Penna., representing Marie M.Selvoski,Respondent. Time:Thursday,April 8,1971,at 10:00 o'clock A.M.,E.S.T. ±hereby certify tbat the proceedings and evidence are cp~tained fully and accurately in the notes taken by me on the hearing of the above cause,and that this copy is a correct transcript of the same. Jacqueline Hammond Official Stenographer The foregoing record of the proceedings upon the hearing of the above cause is hereby approved and directed to be filed. BY THE COURT, P.V.MARINO,J. 29-----REQUEST FOR CONTEMPT ORDER filed by Bloom, Bloom,by Milton D.Rosenberg,.Esq. o R D E R April :8=----ORDER IN CONTEMP'f PROCEEDING--------. The Court will retain jurisdiction of until the bank account has been fully amount. April • • •••• the Contempt Proceeding restored to its original BY THE COURT, P.V.MARINO,J. Bloom,Rosenberg & AND NOW this lOth day of May,1971,the said Marie M. Selvoski shall appear before this Court on the 13th day of May at 10:00 o'clock A.M.,to be sentenced for contempt of Court.The Sheriff of Washington County shall forthwith serve a copy of this order on said Marie M.Selvoski. BY THE COURT, P.V.MARINO,J. AND NOW,This 10 day of May,1971,Service of the within Petition is accepted and receipt of a copy is acknowledged. John F.Bell, Atty for April 29----AMENDED ORDER IN CONTEMPT PROCEEDING -------.• • • • • The Court will retain jurisdiction of the Contempt Proceeding until the new bank account has been fully restored to the original amptmt of the relevant account prior to April 1,1969.Re- spondent shall effect all of said transfers in not more than ten (10)days from the date hereof. BY THE COURT, P •V.MARINO,J. May 13 -----SENTENCE,• • • •••BY THE COURT,P.V.MARINO,J.,FILED. (Sentencing For Contempt of Court Hearing,M~13,1971,before1972TheHonorableP.Vincent Marino,Judge) JanuarW 28----RULE TO SHOW CAUSE WHY AMENDED ORDER IN CONTEMPT PROCEEDING DATED APRIL 29,1971 should not be carried out forthwith or Marie M.Selvoski be adjudged in FURTHER CONTEMPT OF COURT, filed by BLOOM, BLOOM,ROSENBERG &BLOOM,Milton D.Rosenberg, Attorneys for Petitioners. o R D E R AND NOW,this 27th day of January,1972 a Rule i.s issueduuonMarieM.Selvosk1 to show cause why sne shou~a no~ forthwith restore the barut account in question - 1 - Time: • to the sum of $23,561.05 plus interest as required in the Amended Order in Contempt Proceeding dated April 29,1971,or upon failure to do so to appear before ," your Honorable Court for appropriate further action. Rule returnable to the 14th day of February,1972 at 10:00 o'clock A.M.,in the Orphans'Court of Washington County. This said reitt'n date shall be considered a hearing date if the said Marie M.Selvoski has not fully complied with the aforesaid Amended Order in Contempt. BY THE COURT, P.V.MARINO,J. AND NOW,this 28 day of January,1972,service of the within Petition is accepted and receipt of a copy is acknowledged.Issuance of Rule is waived. Is/John F.Bell 1972 February 14----HEARING ON PROCEEDINGS ON RULE TO SHOW CAUSE ,~AMENDED ORDER IN CONTEMPT PROCEEDING DATED APRIL 29,1971 SHOULD NOT BE CARRIED OUT FORTmqITH OR MARIE M.SELVOSKI BE ADJUDGED IN FURTHER CONTEMPT OF COURT, Before:The Honorable P.Vincent Marino, Judge of the said Court. Appearances:Milton D.Rosenberg,Esq.,of Washington,Pa.,representing the Estate. John F.Bell,Esq.,of Washington,Penna. representing Marie M.Selvoski Monday,February 14,1972,at 1:30 o'clock P.M.,EST. 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 cause,and that this copy is a correct transcript of the same. Jacqueline Hammond Official Stenographer The foregoing record of the proceedings upon the hearing of the above cause is hereby approved and directed to be filed. BY THE COURT, P.V.MARINO,J. 1973 January 24,1973-----Marino,J.----OPINION,FILED• •••••••••••An issue d.v.n.is refused as well as a jury trial. BY THE COURT, P.V.MARINO,J. February 15 -----CERTIORARI TO THE COURT OF COMMON PLEAS ORPHANS' COURT DIVISION FOR THE COUNTY OF WASHINGTON IN RE:ESTATE OF ROCCO BUTTON,aka ROCCO BOTTON APPEAL OF FLORENCE LERUM,VIOLA M.BERGMAm~AND SAJJI UEL BOTTON - 2 - • from the Opinion and Order dated Januaru 24,1973, of your said Court,at No.907 of 1969; filed to NolOO March Term,1973,Supreme Court Western District of Pennsylvania. Bloom,Bloom,Rosenberg &Bloom,Milton D.Rosenberg, Attorneys for Appellant. 1973 February 20----NOTICE OF APPEAL AND ACCEPTANCE OF SERVICE To Appellee or his Counsel: You are hereby notified that on February 15,1973, An Appeal was taken to the Supreme Court of Pennsylvania in the above entitled case at No.100 March Term,1973, by Florence Lerum,Viola M.Bergmann and Samuel Botton and that this appeal will be on the list for the Week of September 24,1973,at Pittsburgh BLOOM,BLOOM,ROSENBERG &BLOOM Milton D.Rosenberg Attorneys for Appellant. February 20,1973,Service of the foregoing notice is hereby accepted. John F.Bell. NOTICE OF APPEAL AND ACCEPTANCE OF SERVICE (RULE 63) To Honorable P.V.MARINO: p:ursuant to Rule 63,printed above,you are hereby notified that on February 15,1973 an appeal was taken to the Supreme Court of Pennsylvania in the above entitled case at No.100 March Term,1973 by Florence Lerum,Viola M.Bergmann and Samuel Botton,and that applicant complains of the folloWing matters,the reasons for which do not appear of record: BLOOM,BLOOM,ROSENBERG &BLOOM Milton D Rosenberg Attorney for Appellant Feb.26,1973,Service of the foregoing notice is hereby accepted. P.V.lYIARINO,J. To Jackie Hammond,Stenographer: Pursuant to rule 63,printed above,you are hereby notified that on February 15,1973 an appeal was taken to the Supreme Court of Pennsylvania in the above entitled case at No.100 March Term,1973 by Florence Lerum,Viola M.Bermann and Samuel Botton. BLOOM,BLOOM,ROSENBERG &BLOOM Milton D Rosenberg Attorney for Appellant. February 20,1973,Service of the foregoing notice is hereby accepted. Jackie Hammond ---.,3-- II • IN THE COURT OF COMMON PLEAS OF WASHIGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE:) ) ESTATE OF ROCCO BUTTON,a/k/a )NO.907 of 1969 ) ROCCO BOTTON,Deceased.) ANSWER TO RULE TO SHOW CAUSE WHY MARIE M.SELVOSKI SHALL NOT BE HELD IN CONTEMPT OF COURT TO THE HONORABLE,THE JUDGES OF THE SA ID COURT: AND NOW,comes MARIE M.SELVOSKI,by her Attorney,JOHN F.BELL,' ~S~UIRE,respectfully represents: 1.Admitted 2.Admitted 3.Admitted 4.Admitted 5.Marie M.Selvoski has not returned the funds to the Mellon Bank,but makes the following accounting: (a)Rocco Botton received the Black Lung benefit in the amount of $1860.40, which is deposited in the estate account; (b)A check in the amount of $15.00 which reflects dividends for three shares of stock held in Western Farmers Corporative Association; (c)Social Security benefits have not been received pending the funeral bills being paid; (d)There is presently,out of the $23,561.05, a balance of $15,000.00 in the names of Marie and Charles Selvoski on deposLt in the Mellon BAnk of Washington,PennsylvAnia. &:!'fN F.BELL ttorney for Marie M.Selvoski COMMONWEALTH OF PENNSYLVANIA ,1971. SS: COUNTY OF WASHINGTON Personally appeared before me,the undersigned authority,MARIE M.SELVOSKI,who,being duly sworn according to law,deposes and says that the facts set forth in the foregoing Answer are true and correct to the best of her information,knowledge and belief. -~7?2~ Marie M.Selvoski . Sworn to and subscribed before me this d'/.~day ('J]1:L ~6f'.JA~J, .(......" ~¥...,\.5. ,.'-.,.'ALICE L MILLER ·.~:~-Iiotary Public.Washington,mohinglon Cq, ..~,~My Commission Expires March 20,1972 PENN. VINCENT MARINO,Judge._. I No.907 of 1969 ) ) ) ) ) ) ) ) MILTON D.ROSENBERG,ESQ.,of Washington, Pa.,representing the Petitioner,Samuel Botton. Thursday,April 8,1971,at 10:00 o:cloak A.M., E.S.T. JOHN F.BELL~""'ESQ.,of Washington,Penna., represen ting Marie M.Selvoski,Respondent.~ '--'-L ~. THE HONORABL..E P ... of the said Court.>._-- ..,-.",.\.' Deceased. IN THE COURT .OF'COMMON PLEAS OF WASHINGTON COUNTY,..~t'"".~"'f ""1} ORPHANS'COURT DIVISION '"...,..-'0-'0 IN RE: ESTATE OF ROCCO BUTTON,a/k/aiROCCOBOTTON, ~UIZZIIIII. ui0::~0::oII.III 0:: t-o::;:)oU .I«~TIME:...o i ,1.e HEARING ON RULE TO SHOW CA USE WHY MARIE M.SELVOSKI--~ IXlUI/; ~.iti iii:'t-UI ii BEFORE: .Ic6ii;:)., S APPEARANCES:r ". ., «Z~;! UlZ ZIIIII. ig Clz :i:en; t~Uljj ~ujj :J., :E/::(II ui 0= \!!0=oII.III0= ~:JoU ~Uii:ILo ;.~. I N D E X WITNESS MA RIE M.SELVOSKI Direct 5 • # .e .'.e,.t:-3 . THE COUlRT::M.r Mr.Rosenberg? I MR.ROSENBERG:Your Honorl this is the time set on a Rule to Show Caus e why Marie M.Selvoski shall not be held in conteIl!pt of Court.A Petition for the same was filed by Samuel Botton on behalf of himself and his two sistersl co-heirs in the Rocco 0(z~...>-UIZZIIIDo i0t-elZ%UI0(~ .~uii1t-UICie...0(uCi;)., :z:I:.til ui0:IIIt-o:0DoIII0: t-o::::l0U...0( Uii:II.0 e Botton estate.It was actually filed by Samuel.Now,sir,to make a record here,I should like to read in those parts of the Petition which are admitted. It starts the Petition of Samuel Botton res pect- fully represents: 1.That he is one of the parties in these proceed.- ings.Admitted. 2.That Rocco Botton,this father,died August ·8,1969,leaving the sum of $23,561.05 in the Mellon Bank in Washington,Pa.Admitted. 3.That litigation ensued.relative to ownership of the same and Your Honorable Court,by orgerdated 'August 20, 1969,a photostatic copy of which is attached hereto and labled Exhibit riA ",ordered that during the pendency of the proceedings Marie M.Selvosld is temporarjily enjoined from using any of the aforesaid funds for any purpose.Three is admitted. And,Your Honor,while the copy of the order, I think,is a part of the record,for the purposes of this hearing I would res pectfully ask that <that order labled Exhibit "A"be '----------------------------~---------------~-- admitted as a part of the record in this proceeding. 4.Thereafter,His Honor Judge P.V.Marino, in an Adjudication dated July 17.1970,ordered the following: "This court now orders that the full amount be returned to said bank by Marie M.Selvoski,she having no interest in same.The bank shall deposit said moneys in the account as held immediatel prior to April 1.1969.to-wit,in the name of decedent and his daughter.Florence Lerum;the old account shall be reactivated, but it shall remain frozen by the bank.which shall permit no withdrawals,until further order of the court."Four is admitted And while certainly the Adjudication is part of the record,I w mId specifically ask that for the purpose of this proceeding t~at portion of the Adjudication here read into the record be introduce as a part of the record for this proceeding. 5.That notwithstanding the aforesaid,the said Marie M.Selvoski has failed and refused to return the said funds to the Mellon Bank,and·has refused to account for the same although a request has been made for the same.As to paragraph five,it is admitted.Marie M.Selvoski has not returned the 4 funds to the Mellon Bank and thereafter,there appears an accoun ing which certainly is relevant,but I w ill not read in as part of my case. Six is not admitted as such.It's a request for the accounting and to some extent is answered by that accounting 5 which appears in paragraph five of the Answer. Your Honor,based on the record as it appears and not believing at this time that any further testimony is required, we would respectfully ask that Marie M.Selvoski be held in contempt A Marie Selvoski. DIRECT EXAMINATION BY MR.BELL: give such contempt order as would be proper for this case. give an acc ou nting of herself. You may call her. Your Honor,if it please the Court,I wo~ld Mr.Bell? MARIE M.SELVOSKI IS CALLED AND SWORN., MR.BELL: orders so as to return all of the money and put the entire account of this Court and that Your Honorable Court give such necessary back where it should be as previously ordered by your Court. like to call Marie Selvoski to testify in this matter so she can Upon failure-immediately to do this,tpat Your ~onorable Court THE COURT: THE COURT: Q Will you state your full name? e «Z«>.J>-IIIZZIIIII. i0t-elZXIII« == ~itt-IIIiie.J«Uii:J., :I:I-"N ui0:IIIt-o:0II.III0: t-o::J0U .J«Uii:...0 e Q Where do you live? A R.D.2,Eighty-Four,Ontario. Q No}V,Mrs.Selvoski,you were the beneficiary of a tentative trust in the Mellon National Bank entitled Rocco Botton In Trust For Marie Selvoskil and said account was in the amount of $231 561.05 Is that correct? A Yes. Q Now upon Rocco Botton's death on August 8,19691 what did you do? 6 A ~Q z<~A>-UlZZIIIII. Zo~Qzx~A~ A Q Iwent to see Jesse Costa. Will you speak up so the Court can hear you? I went to see Jesse Costa and he told me to straighten things at the Court Housel file some kind of papers at the Court House. This would be like probating the Will ? Yes.He told m.e to go over to the bank and change all the money over into my name.And when we got over there--- Pardon me.This was August 12,'69 that youdid this? Yes. And you had not been served with any papers at all ? No.They told me to change it over into my name l and so I got it changed and I came back and told Jesse and he saidl "Don't ."spend all the money.Save some for us. Now when you saw Mr.Costal the reason you went there because he had also written a will for Mr.Bottonl is that correct? Yes. And when you transferred the account did you transfer the entire $231 561.05 ? A YesI I did. Q To whom's account did you transfer that? Yes. Yes. Yes. Yes. When was it?IMR.ROSENBERG: didn't hear. Then you were served with that paper on August 20,22. personal property,namely the bank account in question.Correct P Then on August 20;a Petition was filed to determine title to Charles Selvoski,Jr. Not right away.It was the later pe;trt of August,I think. Well,the record reflects that on the 18th of August,1969,a Now subsequent to this deposit in the bank,were you served pape:-'s ? Petition was filed to contest the Will of Rocco Botton and you wer Where was that account transferred?Was that in Mellon Bank? Attached to this Petition filed by Mr.Botton there was an Order Yes.And they asked me what I wanted to do with it and they says I could eithe.r take it with me b.ecause it didn't have nothing to do Was this a savings account? The later part of August. In my name and my husband's name. served with that paper. with the Will:They told me at the "bank. 'What is your husband's name? A Q A Q e A ~Q zc(>A,.I>-01 ZZIIIII. i0I-CIZXUI Qc(3: ..:AuitI-UI Cie,.I c( § C:J., Xt;Atil ui0:III QI-0:0II.III 0: l-ll::J0U ,.Ic(Uii:A...0 e Q A Q A Q A Q ~A z0(>Q...>-01Z Z IIIII. i0 AI-eIZX010(~ .:0 QiI-m Q Ae...0( .§ Q Q:::l""l Xt-til vi0:III AI-0:0II.III0:QI-0::::l00 .Jc(Uii:AIL0 of the Court which I will show you.Have you seen that Order before?dated Augus t 20,1969? Yes. And the last paragraph,stating that the account,the money would be frozen. Yes. And that you or any of your designees are temporarily enjoined from using ariy,.of these funds for any purpose.Is that correct? Yes.But I wEmt to the bank and they told me the money wasn't frozen,that I could do what I wanted with it. Now did you take any money out of the bank? Yes,I did. Now subsequent to your being served this,you came to see me, is that correct,as your attorney? Later,yes,I did. And did I inform you thaJ you were not allowed to use any of those funds? Yes.You told me after I went to see you.But everyone else said 8 that it was mine,I could do what I wanted with it,the bank attorn ys and a person that worked at the bank. Q Who was that person? A Mr.Miller. Q Mr.Miller,that would be Lester Miller? A Yes. 9 Q Now the $231 561.05,the latter part of August and on through the year,do you have an accounting of what you did with the money? Yes.And he got a tractor tire for $130.00. Do you ha ve to refer to any notes or anything? My husband got farm equipment for the farm,$250.00. $950.00? Slowly.Is that cCam per? Yes. Was that for the Rocco Botton farm? electric wires. Now the $400.00 for the water pump,was this purchased while Was this also for the farm? MR.ROSENBERG: Yes. MR.ROSENBERG: N01 they are not in order. Of dates,~kay. Yes.' No.Would you just read out what you did with the money? That was for the farm too.And a water pump for $400.00 with Are thes e in order of dates? Yes.Do you want it? We bought a camper for $950.00 . This is for the Rocco Botton farm? A Q e A «Qz«>A...>-01ZZiiiII. ie AC'zx01«~ ..=u Ait:I-III i5...Q0( § c A;:)... :tI::01 Qui~11/I-A~0II.11/~QI-D:;:) 0u A...0( Uii:QII.0 e A Q A Q Rocco was living or do you recall ? ..•.I ______-1~--------__".----J,l1\\"",lTra.,"'~Y'i·p;-;;,C!~.o:>~>1,J.J."''':.l.,;'nI./:iQ.:..!>LI7;.;j,i'---lI__4-11(+. A Yes,it was purchased but my husband paid for it. Q In other words,it was on credit and the bill was outstanding and he paid for it. A Yes.House repairs up at the farm.$150.00. MR"ROSENBERG:I didn't get that. And he got a truck for around $4.000.00. Yes.And we bought grain for the farm for $400.00. Yes.And he got a small camper for $300.00.And we gave John Yes.Then they left the cows in and ate it all up.the guy that live:; How much? House repairs. MR.ROSENBERG: Your husband did? Bell $1,000 at the beginning of this. And I loaned my mother and dad and his dad approximately $(j50.O. At the farm.$150.00. iThat was for the advance costs? Grain for the farm? up there.And a freezer for $230.00. ~Az~..I>-01ZZ~Q i~Azi01~ ~ii:QI-III Ci ..I A«u Ci~., ~ C\l Q via:~AoII.11/a:~Q ~o U A ..I«Uii:...o Q A freezer for $230.00? A Yes. Q And is that all? A That's all. Q And what is the total amount of money spent? A $7,860.00. " Q Now Mrs.Selvoski.how much money do you have remaining? A All together.about $15.000.00. Q And what banks is this money deposited? A Two Union J.\Jationals.and Mellon Bank. Q Now is it true and I have checked this out.Mellon National Bank in Washington.you have $5.004.79?Is that correct? A Yes. Q At the Union National Bank in the Was,hi~gton'Mall,you have $8,397.49? A Yes. Q That totals $13.402.28. A Yes. Q Now'you say you have $15.000.Where is the other $1600.OO? A I have some in my own account. Q Where is that located? A Some is down in Bentleyville,Union National. Q And you have a total then or'$1600.00 outstanding which would. together.make the $15.000.00. A Yes. Q If you subtract what you had spent from the $23.000.00.there is a balance of $15,701.05.But you have $15.000. A Yes. Q For the Court's sake.if I may interject here.I have $600.00 in my trustee account which I have no~since this has come up and 11 e·.•._____-fI-.J.I1\\tJ.a.,iTr:~,.ci.e_S.elF.........()'!i=::>_<:k'_'·,i --1....].....2<-_ where the money has come from.I have not touched.$400.00 went to.of course.costs on the proceeding.This makes a total of $15.600.00. A Yes. Q Now did you ever receive any money for Rocco Botton concerning How about me Social Security benefits? Yes. You have not received any? No . $15.00. Association? stock which Rocco Botton held in the Western Farmers CooperatiiTe .That $15.00,did that represent dividends for three shares of c(Black Lung disease,Workmen's Compensation,etc.?Z~A $,.Yes.for Black Lung I think it was 1800.00. Ulzz~Q Was it $1.860"4 0 ? ie"A Yes.zxUl ;Q Did you receive any other moniess for Rocco Botton? ~~A Ulii~Q ij ii::3., ~w aiII:~AoII,IIIII: I-QII::::Io U A...c( ij ~Qo A No. Q And the reason for this is the funeral bills have not been paid? A Yes. Q And were the forms filled out at the funeral director's? A Yes.they were.He filled them out. Q Upon my instructions.did you set up,as executor of the will of Rocco Botton.did you establish an account? A Yes.checking account for the estate. Q For the estate of Rocco Botton? A Yes. 13 Q c(z~~A Ulzz Ie Q ieI!l Azi:Ul~Q ~01 ui0:~QoII.III 0:....0::::lo U A ~(; iLII.o Q The monies from Black Lung and the monies received from the dividends on the stock,is that money in deposit? Yes. What bank is that in? Mellon Bank. Marie,do you realize now that this money being expended was wrong to do this? Yes.I do now but I didn't kno w it before because everyone said that that didn't ha've nothing to do with the will,before I even got the order. But after you got the order though you knew from the order itself and mys elf telling you . r, After I got it.but see.I went to the bank and they said that it wasn't frozen and they said I could do what I wanted with it.And so did Mr.Miller and the bank attorney. Now the decision of this Court on the bank account.you are presently appealing·that in the Supreme Court of Pennsylvania, is that correct? A Yes. Q Now is it your intentions to restore these accounts to the $23.000 00 level? A Yes.I will when I get a chance to.We've been doing it now. Q You have been restoring the money? A Yes. Q And you are working at the present time? A Yes. Q Where are you working? A 519 Truck Stop. Q How long have you had this job? A Since it opened,September,last year. Q And your husband is also working? A Yes. Q Where is he working? A G.O.Mechanics in Monessen. Q I Have no more questions,Your Honor. 14 MR.ROSENBERG:Now if Your Honor please,at this time I am going to waive cross examination,if I may,in the interest of a business-like approach to this thing.I am going to ask that Marie Selvoski stop down,if I may.I am going to respectfully request to the Court what we desire here,based on the admissior s that she's made.In other words,Your Honor,it is my intention at this time to be constructive rather than des.tructive.I think t1:5at the witness has definitely admitted that she knows now it was ~ I I •••• wrong.Andel we are interested in restoring the accounts and we are interested that respect be given to the Court Orders that were previously made and by admission received. Now,sir,as an aid to the Court,this is what we request.Since the Court has ordered that the account be restored to the Mellon Bank in the name of Florence Lerum,the same as it was immediately upon the death of Rocco Botton on August 8, .1969,we wouldt'first'res~ectfullyask that the Court order that--- I am going to try to be specifiC here---that the money in the Union National Bank at the Washington .Mall given as $8,397.49 be restored to the aforesaid Florence Lerum account. Secondly,that the money in the Mellon Bank in the amount of $5,004.79 be immediately restored to the Mellon Bank in the Florence Lerum account• .That,the amount of $1600.00 in the Union National Bank in Bentleyville be immediately restored to the Mellon Bank , Florence Lerum ,account. That the amount of $600.00 presently held in trust by Attorney John Bell as previously disclosed be immediately restored to the Mellon Bank Florence Lerum account. 15 That any other sums not here disclosed be immedic tely restored to the previously:.fmentioned Florence Lerum account in the Mellon Bank.We would further respectfully request,Your Honor,as security---now the next couple that I am mentioning ,,.' are as security.First,that the Black Lung amount of $1,860.40 16 be immediately transferred as security into the Mellon Bank Flor~nce Lerum account.That the $15.00 in dividends as security be immedately transferred to the Mellon Bank Florence Lerum acco n~. That an :i!mmediat e attempt to get the Social SecuJ;'ity be made and that this sum be put in as security in the Florence Lerum Me Ion Bank account. We would then ask,Your Honor,that Marie Selvoski be immediately ?rdered to return to the Mellon Bank account undelr the Court Order to Florence Lerum account what I,on arithmeti find to be $8,561.05,or the difference,Your Honor,between the $23,561:'05 and the $15,000.00,which Marie Selvoski admits s)1.e has in the three accounts,Union National,two accoun s, and one in Mellon. And we would res peetfully ask,Your Honor,that the amount of interest that would have been accrued in the Floren e Lerum account,had the Court's Order been carried out as first set down,August 20,1969,be added to this said account hy Maril:> Selvoski.Your Honor,we think that the same should be done promptly by her,even if it is necessary for her to get a loan or otherwise,to promptly restore'the accounts and specifically the Mellon account,Your Honor,to the place where they were and where they should be if there is any respect to be given to the Orders of this Court. .. '.e,17 Now I think,sir,that I have covered everything. I presented this as a proposal to bring the matter back to status quo.We are not here6 Your Honor,to be vindictive;but we are h re restore the estate. was an admission that the Court Orders were known and violated. the Court Order.I did not choose to cross examine because there for one moment,we think that what rentals have been collected If the Court please,just to go back on the recor i:l to at least state approximately what rental has been collected. Bell,although he isn't bound because he doesn't know exactly, in the estate should be a part of the record,and I had asked Johr rights.But in the first instance we are trying to be fair and to recorded by the stenographer). (At the direction of the Court,off-the-record discussion was not Honor felt was proper be given.In other words,we stand on our ask that a contempt sentence,incarceration or whatever Your I will say,however,Your Honor,that if the Order that we reque~t to be firm.And we feel that there was no respect shown here of .is given and if not promptly carried out,we respectfully would MR.ROSENBERG:.... . e :!z«>..J>-CDZZIIIII. i0l-ez,XUl« c ~ ,.~uii:I-,!!!Qe..J«UQ:;)., :I:t:.N vi0:IIII-0:0II.III0: I-0::;) 0U ..J«Uii:IL0 e . MR.BELL:About $150.006 which has been deposited in the account,from my understanding6 speaking to the Selvoski's. MR•.ROSENBERG:And we would reserve the right t06 of course, inquire more fully into that and to further inquire into all matters ".e. further relative to estate account. (At the direction of Mr.Rosenberg,off-the-record discussion was not recorded by the stenographer)" THE COURT:We are going to keep this matter status quo and be followed.The Court will make an order in this matter later counsel will impress upon her that this is a legal matter that must~zc(>.I>-OlZZIII0.. io~MR"z i:Ol~ today. ROSENBERG: the funds? Do I understand you are going to order her to resto~e reference to a'ny estate funds. today,copies of which will go to counsel and counsel for the respondent will kindly inform her if she doesn't understand it I think Your Honor knows our position,that they be frozen with We will do so. And I respectfully ask that everything be frozen. I understand your position.We will issue an order already that we mean business in this matter.We are not going to COURT: .,:~THE EOURT: I-UI ii .I MR.ROSENBERG: 0( § Q :l., ~ClII oj 0:III~THEoII.III0: I-0: :::loU .Ic( Uii:II.o permit anyone to get away with not obeying Court Orders.That is what they are for.And to find themselves in pisrespect and in noncompliance with the Court Order is going to end up in a Conten pt Citation,as we have already had,an.d attachment and proper carr ing- out of the Court's Order on the attachment. (At the direction of Mr.Rosenberg,off-the-record discussion wa The foregoi.ng record of the proceedings upon the hearing of the not recorded by the stenographer). (Proceedings Closed). I hereby certify that the proceedings and evidence are contained oil:z'~ully and accurately in the notes tal-;.en by me on the hearing of the above~. Ul~cause.and that this copy is a correct transcript of the same. IL i~z:i:Ul; ti~Ulii...oil:ij ii:3., ~l\I aiabove cause is hereby approved and directed to be filed.II:III .ItoILIIIII: It:3oU ~ij ii:II.o 19 • IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY 1 PENNA. ORPHANS'COURT DNISION INRE: Estate of ROCCO BUTTON1 a/k/a ROCCO BOTTON1 Deceased. ( ) ( ) ( ) ( ) ( No.907 of 1969 ORDER IN CONTEMPT PROCEEDING AND NOW 1 April 8,1971,after hearing duly held on Petition and Answer filed,on consideration of same,Respondent Marie M.Selvoski is hereby ordered: 1.To comply with the mandate of this Court in its Adjudication dated July 17,1970,and to make whole the full amount of said bank account in the sum of $23,561.05 by depositing sufficient funds therein to reach said total amount. 2.To cause to be made a transfer of the amount of $5,004.79 from ,. her bank accdunt or lthat of herself and husband,in the Mellon National Bank and Trust Company,Washington Office,to the bank account above referred to , in the names of Rocco Botton and Florence Lerum,as said account was titled prior to April 1,1969. 3.To cause to be made a transfer of the funds in her name,or names of herself and husband,in an account of apprOXimately $1,600 in the Union National Bank in Bentleyville to the bank account above referred to in the Mellon National Bank and Trust Company,Washington,Pa. •.'... 4.To cause to be made a transfer of the balance in the hands of her attorney,Johp F.Bell,'Esq.,deposited with him for costs,expenses,etc., after all costs,expenses,etc.,have been fully paid (including costs incident to Supreme Court appeal)and any and all other costs and expenses properly payable from said fund,to the bank account above referred to in the Mellon.. National Bank and Trust Company,Washington Office. 5.To cause to be made a transfer of the amount of $8,397.49 from her bank account,or that of herself and husband,in the Union National Bank, Washington Mall Office,to the bank account above referred to in the Mellon National Bank and Trust Company,Washington Office. 6.To keep intact all funds on deposit in the Estate Account of Rocco Botton,deceased,wherein Marie M.Selvoski is Executrix,except for payment of current necessary costs and expenses,and for no other purpoSie. 7.To cause to be made,no sale or other disposition of motor truck and other items of personal property which were purchased with funds derived from the bank account in question in the Mellon Natirnal Bank and Tru~t Company,or any part thereof. The court will retain jurisdiction of the Contempt Proceeding until the bank account has been fully restored to its original amount. -2- B the Court, r J.r • IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS I COURT DIVISION In re: ESTATE OF ROCCO BUTTON, a/k/a ROCCO BOTTON Deceased. ) ( ) ( ) ( ) ( No.907 of 1969 (63-69-907) REQUEST FOR CONTEMPT ORDER 1.On April 29,1971,your Honorable Court handed down the enclosed Amended Order in Contempt Proceeding. 2.The ten days required under the Order are up as of Monday, May 10,1971. 3.Marie M.Selvoski has failed to carry out the Order of this Court although her attorney promptly notified her of the Court Order. WHEREFORE,it is respectfully requested that Marie M.Selvoski be sentenced for her contempt of this Court. BLOOM,BLOOM,ROSENBERG &BLOOM •• IN THE COURT OF COMMON :YLEAS OF WASlitU«3TON COUNTY.l-'ENNA. ORPHANS'COURT OlV1S10N Estate of ROCCO BUTTON.a/k/a ROCCO BOTTON, ( ) ( ) ( ) ( ) ( A AND NO~,AprU 2~.1971,tM Order in CQQtaLpt }::'roc-t.at ma4/ by this Court on A.prU 8,19'71,la h...by ameoded lo rMd ..follo..: iieepon<1ent.Marle M.5.1'108111 la bereb)'or4wtdJ 1.To comply VJUb the mandate of lh1a Court in U.AdJ.tcat1on dated J \11y 1",1ViO,and to make _hole the full &moant of the bank aecouat ...It atat.u in saW bankpJ'lo1"to Ap11.11,1~9.bJ depMltln;aumcteat 1uoa \n Lb.nft account to atta.1n the .wn ot $IS.681.05;the Qft aoooum In the said Mellon NaUona!Bank ...T1"uat CompQJ,WUblutton 001.0•• •baU be Ut~ttROCCG Botton E..g an4 Flor.ace l.AnB\".The baWl ia dlrttcte4 to op_such account;it lball be a r_trtcMd MCOaa.G1,..11 remain lrosen by tq.e bank,_hleb eball ~l'1Idt 110 wttbdn......b'om .... unUl furlbeT'order of thll Court. 2.Toeauae to be made a tr o1lhe amouat of '6,<:x>&.'1i fret%. her'baD.account or that of b.eneIf &ad 111 1o tbe '-llon N'aUoU18&1ak aOf.l Trust Company,Wuhlnvtoo Office,to tM bank aocount Qcwe rtf t ltl the nam.ot Rocco Botton ......and PioNooe lAnm,....1d ut Vias titled prior to April 1,1969,acept tballt .baU "-UUN pr 1J't.o the Estate name as dtreeted. ,.....••• names ot hers.if a'.ld husbaod.,10 an &CCOuut of ~pproz1J:r1at.11$1,eoo in t••. Un\¢c Nattonal Ban,it tn Bentleyville to the bAlUt account above ''••IT.o to 10 the Melloi'.NaUooai Ban.k a.nd Truat Company,WUhtaqton,Pl.. attorr!ey,John F.Bell,.)£eq..depo.lMd .uta hlm for coati,__~..etc., alter aU costs,Ui;ena.,etc.,bay.beea "ally paid (including coata toold.at to Supreme Court apr-U and any &Q(l aU other ceeta and ~~f'O~lJ payable from .aid tu.n4,to the bank MOOut above nt.,.to In the "ellon National Bank and 'trust Company.WaablU9tOo 0Ittce.. 6.To e&use to b.mace a trauter of tM amOUl'lt of 18,BW.49 from her bank acQOunt,OJ'that 01 h....1f and huba_,in tbe tJ rdon HaUOQal Itaak. WUb.inqt.on Mall OO1oe,to t~back acoout aboY.Nt_red to tn aM ...1108 Natlona15ank and Truat ComlAlOJ.WUblGfJliOu Oftlee. 6.Tc k&8p intact aU ftuMla on depoelt in the S.tat_Aceout of. Uoceo Botton,deeeu-.d,..her.it.warte M.hlvoakt II beo...trta,ao.for ~..ym.ent 01 current neceaArJ eo..aod upena_,aDd.fOI'DO othw pltrpOae. 7.To cause to ~made,no ..1.or olhv dlapoaU1.on of motor truek and other ttema of perlOnal pl'Operl,wIlleh _ere p.-cbueci .tth lunda dftwed from the bau aceotlQt tn quMtton 10 the Mel»n National Bank and rrruat Company,or an)'part tbe1"eof. 'rhe court UtUl retain Jariad1ctlon of the Contempt Proceedtl1i unttt the raft ba.nk aacount baa beer.full,rMtored to the ortttbal amOtaat of the relevant account priQr to April 1,Hl&Q.It..pendant shall el1ect all of .atd traoafere in not more than tea nO)d&p from the date hereof. Dr the Court, lsi P.V.Marino, -I- • IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION In re: ESTATE OF ROCCO BUTTON, a/k/a ROCCO BOTTON, Deceased ) ) No.907 of 1969 (63-69-907) o RD·ER -d- AND NOW this (tJ~dayof May,1971,the said Marie M.Selvoski i .~ shall appear before this Court on the 13-·day of at of court. JJ:e •J/ \,./ ,. IN THE .,COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. .ORPHANS'COURT DNISION .IN RE: '.. j. Estate of ROCCO BUTTON,a/k/a ROCCO BOT1?ON, Deceased. ( ) .( ) ( ) ( ) ( No.907 of 1969 AMENDED'ORDER IN CONTEMPT PROCEEDING AND NOW,April 29,1971,the Order in Contempt Proceeding made by this Court on April 8,1971,is hereby amended to read as follows: Respondent,Marie M.Selvoski is hereby ordered: 1.To comply with the mandate of this Court in its Adjudication dated July 17,1970,and to make whole the full amount of the bank account as it existed in said bank prior to April 1,1969,by depositing sufficient funds in the new account to attain the sum of $23,561.05;the new account in the said Mellon National Bank and Trust Company,Washington Office, shall be titled "Rocco Botton Estate and Florence Lerumll •The bank is directed to open such account;it shall be a restricted account,shall remain frozen by the bank,which shall permit no withdrawals from same until further order of this Court. 2.To cause to be made a transfer of the amount of $5,004.79 from her bank account or that of herself and husband,in the Mellon National Bank and Trust Company,Washington Office,to the bank account above referred to in the names of Rocco Botton Estate and Florence Lerum,as said account was titled prior to April 1,1969,except that it shall be titled presently in the Estate name as directed. • 3.To cause to be made a transfer of the funds in her name,or names of herself and husband,in an account of approximately $1,600 in the Union National Bank in Bentleyville to the bank account above referred to in the Mellon National Bank and Trust Company,Washington,Pa. 4.To cause to be made a transfer of th·e balance in the hands of her attorney,John F.Bell,Esq.,deposited with him for costs,expenses,etc., after all costs,expenses,etc.,have been fully paid (including costs incident to Supreme Court appeal)and any and all other costs and expenses properly payable from said fund,to the bank account above referred to in the Mellon National Bank and Trust Company,Washington Office. 5.To cause to be made a transfer of the amount of :$8,397.49 from her bank account,or that of herself and husband,in the Union National Bank, Washington Mall Office,to the bank account above referred to in the Mellon National Bank and Trust Company,Washington Office. 6.To keep intact all funds on deposit in the Estate Account of Rocco Botton,deceased,wherein Marie M.Selvoski is Executrix,except for payment of current necessary costs and expenses,and for no other purpose. 7.To cause to be made,no sale or other disposition of motor truck at).d other items of personal property which were purchased with funds derived from the bank account in question in the Mellon National Bank and .. Trust Company,or any part thereof. The court will retain jurisdiction of the Contempt Proceeding until the new bank account has been fully restored to the original amount of the ,relevant account prior to April 1,1969.Respondent shall effect all of said transfers in not more than ten (10)days from the date hereof. -----v' -2- J.I •2------11-----------------':....---..-----------------1---"-- I N D E X L ~z~.I>-IIIZZIIIa. ig Clz :tIII~ .,:u iii...~o .I0( § o ;:)., ~(II vi0::III~oa.III 0:: I-0::;:)oU .I0( Uii:II.o WITNESS MARIE M.SELVOSKI Direct 4 Cross 8 Redirect 9 " -_._-----_._-------------.- • IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY1 PENNP. ORPHANS'COURT DIVISION IN RE: ESTATE OF ROCCO BOTTON1 a/k/a ROCCO BUTTON1 Deceased, ) ) ) ) ) .) ,) ) No.907 of 1969 BEFORE: SENTENCING FOR CONTEMPT OF COURT .\ \ THE HONORABLE P.VINCENT MARIN01 Judge of the said-Court. APPEARANCES:I . TIME: :l MILTON-E.ROSENBERG1 ES(Q'I of Washingtor , Pa.,representing the E!state. \\ IJOHNF.BELLI ESQ,1 of Was hington.Penna".I representing MarieM.Selvoski,\~espondent. \\ \\Thursday,May 13,1971,at 10:00 o'qlock A.M., E,D.S.T.~ "" "\., "'-, "",- '-""''''- • ,------------------ 3---------11-------------_...--:~--.,-------------------...--- THE COURT: MR.ROSENBERG: Mr.Rosenberg? If the Court please,I believe I am the moving e ~z0(>,J>-01Z Z III0. i0I-ClziOl0(~ ..,: ~Ill:I-!!! Qe,J0( § Q ::l., :t I::N viIll:IIII-Ill:0II.IIIIll: I-Ill:::l0U ,J0( Uii:I&.0 e party.Your Honor,on this pas t Monday,May 10,ha ving learned from the Mellon Bank and from Attorney BeN that Your Honor's Order of April 29,1971 giving Marie Selvoski ten days to return to the proper accounts set forth in that Or,der l).ad not been carried •,t'-, out,I came bef~re the Court with a Request for Contempt Order. In other words,I ascertained first whether,within the ten days given the Order had been carried out.I found it hadn't been and I pres ented,as I said,on Monday,the Request for Contempt. Your Honor handed down an Order on Monday, May 10,saying thc;tt Marie M.Selvoski shall appear before the Court on May 13,which is today,at 119:00 o'clock A.M.to be sentenced for Contempt of Court.Your Honor further added to that Order the Sheriff of Washington County shall forthwith serve a copy of this Order on said Marie M.Selvoski.Now I can put him on the stand if Your Honor desires,but I have with me Deputy Sheriff Fazzoni,who will testify,if Your Honor desires,that on the same day,or Monday,May 10,he served a copy personally on Marie Selvoski of the Request for Contempt Order,which included a copy of Your Honor's Amended Order in Contempt Proceeding,and of COUTS e,the final Order to a ppear today for sentencing. It is our position,Your Honor,that Marie _____---lI-'e_------------JMoo.g,qrJI~l.!..V.:;::.O~S'k~i --1._...:l4~ Selvoski should promptly be sentenced for contempt of this Court. At this moment I might say that in my years of practice I have neve¥' seen anybody openly defy the Court as has been done in this case. And while the previous times I appeared before you I tried to appea with moderation,I ask no moderation today and feel that she should ", be sentenced. I have one other indication that this Court was Your Honor,if I may call Mrs.Selvoski to the .You may can her;. with your leave,with the right to present that later. this record.But I am going to defer that.a moment,Your Honor,, stand and have ,her offer any explanation that she may have. deceived,and that is with reference to the rent that was placed on MARIE M.SELVOSKI IS CALLED AND SWORN. DIRECT EXA MINATION BY MR.BELL: MR.BELL: Q State your full name. THE COURT: THE COURT: ~z«>...>-01ZZiiiQ, i0I-l!lZ i:01«s: ..:0itI-!!!Qe...«i3C:J., :z: l:-N elia:iiiI-a:0Q, iiia: I-a::J00...0( i3ii:...0 e A Marie Selvoski. Q You are of Scenery Hill and a party to this proceedings,is that correct? A Yes. Mar~elvo~ki Q Mrs.Selvoski,can you give the Court an'explanati6n---well~first~ did you receiv~a copy of the Courtl Order dated April 87 A Yes,I did. Q And did you receive a copy of the Amended Court Order on April. 297 A Yes. ~ Q And you unde.rstood that Order,both Orders,is that correct 7 A Yes. Q Why did you not comply with them 7 A Because I didn't take the money ou~of his name and his daughter's, ,and I'm not putting·it back.' Q When you say you .did not t.ake the money out,then who took the , money out 7. A Rocco did.It's not my duty.to put ft back.I didn't take it out. 5 THE COURT:Just a moment.I didn't ..get the full part of that answer.What was the first part of tha t answer 7 (Stenographer reads back last answer of witness). Q But Mrs.Selvoski,.do you understand that the Court has ordered that the money be placed in the Mellon Bank under,entitled Rocco Botton Estate and Florence Lerum,and that account is to be frozer and no withdrawals are permitted from that account until this mattE r is terminated by the Supreme Court of Pennsylvania 7 ~-------- A The bankimanager told me that didn't go under the estatel arid he s id that didn't have nothing to do with it. Q Did you understand that Court Order? A 'I understood what it said but according to what the bank told me that 6 e :!z«>oJ>-01 Z ZIIID., i0I-elZX01«~ .:u01'I-!!! Qe,J«0 Q :J.., :t:.N vi0:IIII-0:00.III0: I-0::J0U oJ«0ii:IL0 e don't have nothing to do with it. Q You understood the Court Order?. A On there,Ye~.' Q And you understood that you were to comply with that Court Order '. A'l:es.But I didn't take it out'.The only thing I can put it back is in my name because that's what I took it out of. Q Well,it's not--- A I couldn't go in and take Rocco'E!money out like he did.' Q Well,the point is do you understand by the Court Order there is authority ~-, to put tha t in under the account that I have just enumerated? A Well theIl,why don't you',go put it in?You got the book. Q I have the book but I have to have you and your husband go down and do it. A Rocco's not here for me to take him and go do it.He did it;I didn' do it.'I'll put it back in my name,but Pm not putting it back one's in some ',§name who isn't here,.because I didn't tell him to do it. Q Does Your Honor have any questions? THE COURT:No questions. Q I mightl while I'm here,I might add,the account in the amount of $8..397.491 which is in the Union National Bank in Washingtonl Pennsylvania,the monies in that account was transfer'Ped in your name a?d your husband's name in a joint savings account. 7 A Q e A 0(Qz0(>A..I>-IIIZ ZIII Qa. ieI!lziUl0(A~ .= 2/Q-'0:~C" I-IIIQ Ae..I0( Uii Q:::l"t :I:~N iii0:IIIl-ll:0a.IIIlI:AI-0::::l0u Q..I0( UiL AIL0 e Q A Q A Q NO,it's in his name;he has it. At firs t it was transferred in both names. Yes. Is that correct? Yes. And then on April 5,1971,it was transferred into Charles Selvosko, Junior's name only,is that correct? I don't know,but I wasn't with him.He did it himself. Yes,but 1 have the book here that shows that.: And I don't know if he still h~s it or not. I have the book.It shows that.I have the passbook which you gave e on April 8.Now on April 5,were you and your husband having a dom estic problem? Yes. And you left the home f~r two or three days ?~ Yes. And by reason of that.this is why the account was changed into your husband's name only.Is that correct? Yes.And he won't give me the money either. Does your husband know about the Court Order? Yes. Did you ask him to let you have this money so you can transfer it into Mellon Bank? .'Marle.Se1voski ------------,.---------. 8 A No.At one time I did and I didn't no more because I didn't think it was right. have any questions of this witness? Q I have no more questionsJ Your Honor. THE COURT: 0(z~oJ>-UIZZIIIII. iel!lzi~CROSS EXAMINATION BY MR.ROSENBERG: Mr.Rosenberg,do you Am·I correct that you did··get served by the Sheriff with the Order morning and be-sentenced for contemp~of the Courts of Washington of May 10,1971 ? A Yes. Q Can yo u read English? A I guess so. Q And did you not see on ti Q I-UIQ oJ0( ij C::l., ~C\I vi0:~0:oII.III0: I-0:::loU oJ0( ij ii:...o A Q County? Yes,I did. You knew that? that Order that you were to appear here this A Yes.That's why I came. Q And you also know and was there not attached a copy of the Order 0 April 29,1971? A Yes. .'______;~--------------~M:a~lrre.~elvoski Q In which you were given ten days to return the monies as His HonoI ordered, A I didn't take it out and I'm not putting it back in that name, Q If Your Honor pleas e--- 9 MR.BELL: a few qu~stions---. THE COURT: If I may ask Mrs.Selvoski Let Mr.Rosenberg conclude first.Did you have any other questions? MR.ROSENBERG:No.I will stop at this " time,res erving the'fight if it becomes necessary later REDIRECT EXAMINATION BY MR.BELL: Q Mrs.Selyoski,;I explainE;d toyou.the implications of that Court Order,isn't that correct? A Yes. Q And also in the past few days haven't you seen several other lawye s? A Yes.But nobody won't take the case because they said it's too far gone already. Q I take it also you apparently are unhappy with my repres entation,i 3 that correct? A Well,no,not really. Q Well,you also,though,of course you admit you went to see other -------1II------...,.--------~M;,~~~:..!.r.::,.:::.e,,~'s~~:.:!:l.!.~~O~S~k.=..i _1.-.,;l~O::-- lawyers to handle the case? A Yes,I did. Q I have610 other questions. THE COURT:The Court finds that the Respondent or Defendar herein~Marie M.Selvoski,has flagrantly violated the Order of thi Cou,rt d'ated 'April 8,1971,and the Arilend'ed Order of this Court dated April 29,1971,She has failed to comply with paragraph one of said Order,to cause the monies concerned herein to be placed in the Mellon National Ba~and Trust Company in the manner direc~'a@ by the Court.She has violated the Order of paragraph two of said Cou'rt,as well as the Order of para,gr<?:phs three,four,five six and seven. ,' The Respondent has stated that she is not going to comply with the Order of the Court,for reasons as given in her testimony,which said'reasons are not acceptable to this Court. We find Marie M.Selvoski to be in contempt of this Court,and we sentence her for said contempt of this Court as follows: She is fined the sum of $10.00 and costs of the proceeding.And she is ordered committed to the Washington Countv- Jail until she purges herself of said contempt of Court by complyinl with the Order of this Court in the Amended Order in Contempt Proceeding dated April 29,1971,The committment as stated is until she purges herself of said conteIJjJIpt,but it shall not be in ___~He 7-..:..;.:,=:;~~e<S'elvoski excess of a period of six months from the date hereof.The Respondent is ordered committed. (Defendant walks down from witness stand). 11 MARIE SELVOSKI: MR.ROSENBERG: Well,11 m not taking that money out. She may not leave this room.Mr.FazzoniJ see .that she does n't leave the room. MA RIE SELVOSKI:I don't care where I go.You'll never get the money and that's that.I didn't take it out and I'll not put it in. MR.ROSENBERG:You hav~her in custody.If the Court please, anything that I would do now would be prolongationJ which I do not . . think should be done'.I am merely reserving the right at this time t~show by receipts that this Court was·deceived as to the amount of rental collected;.it having been represented by Marie Selvoski that she collected $150.OOJ when I have receipts and will present them at the proper time that she collected in excess of $700.00. THE COURT: MR.ROSENBERG: THE COURT: The matter may be presented at the proper tim • Thank you~Your Honor. or The Respondent/Defendant stands committed. (Proceedings Closed). .'·. 12 Stenographer's Certificate I hereby certify that the proceedings and evidence are contained fully arid accurately in the notes taken by me on the hearing of the above cause,and that this copy is a correct transcript of the same. Certificate of Hearing Judge The for~going record of the proceedings upon the hearing of the above cause is hereby approved and directed to be filed. • IN THE COURT OF COMMON PLEAS OF WASffiNGTON COUNTY1 PENNA. ORPHANS'COURT DIVISION IN RE: ESTATE OF ROCCO BOTTON~a/k/a ROCCO BUTTON1 Deceased. May 13,1971 ) ) ) ) ). ) ) ) SENTENCE No.907 of 1969 I .The Court finds that the Respondent or Defendant herein,Marie M.Selvoski,has flagrantly violated the Order of this Court dated April 81 1971 and the amended Order of this Court dated April 291 1971.She has failed to comply with paragraph one of said Order to cause the monies con- cerned herein to be placed in the Mellon National Bank and Trust Company in the manner directed by the Court.She has violated the Order of paragraph two of said Courtl as well as the Order of paragraphs three,four,five,six and seven. The Respondent has stated that she is not going to comply with the Order of the Court for reasons as given in her testimony,which said reasons are not acceptable to this Court. We find Marie M.Selvoski to be in contempt of this Court,and we sentence her for said contempt of this Court as follows: '$he is fined the sum of $10.00 and costs of the proceeding.And she is ordered committed to the Washington County Jail until she purges herself of said contempt of Court by complying with the Order of this Court in the amended Order in contempt proceeding dated April 291 1971.The co~mittment as stated is until she purges herself of said contempt.But it shall not be in eKcess of a period of six months from the date hereof.The Respondent is ordered committed. J. --._------------------------,--..,.,., ••••• IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION IN RE: Estate of ROCCO BUTTON,a/k/a ROCCO BOTTON, Deceased. ) ) ) ) ) No.907 of 1969 RULE TO SHOW CAUSE WHY AMENDED ORDER IN CONTEMPT PROCEEDING DATED APRIL 29, 1971 SHOULD NOT BE CARRIED OUT FORTHWITH OR MARIE M.SELVOSKI BE ADJUDGED IN FURTHER ,CONTEMPT 'OF COuRT AND N0W come your petitioners,SAMUEL BOTTON,FLORENC LERUM and VIOLA BERGMANN,through their attorneys,BLOOM,BLOOM, ROSENBERG &'BLOOM,and state as follows:' 1.Your petitioners are the heirs of Rocco Button,also known as Rocco Botto~,deceased,and received from your Honorable Court an Amended Order in Contempt Proceeding dated April 29,1971,a copy of which is attached hereto,labeled Exhibit ffA ",and made a part hereof. 2.The aforesaid Order was given at the time that the ownership of a joint bank account between the late Rocc.E>tton and Florence Lerum was on appeal to the Supreme C.urt of Pennsylvania. 3.On December 20,1971,the Supreme Court of Pennsylvania at No.88 March Term 1971,affirmed per curiam the Opinion of your ·- onorable Court restoring the said bank account to its original ownership rior to the death of Rocco Botton. 4.Thereafter your petitioners through their attorneys equested the attorney for Marie M.Selvoski to restore the said account as equired in paragraph 1 of the aforesaid Amended Order of April 29,1971, nd other paragraphs of the said Order.The attorneys for your petitioners urther wrote a letter to the attorney for Marie M.Selvoski requesting the arne and sent a copy of said letter by certified mail to Marie M.Selvoski. here has been no reply from said letter. WHEREFORE,it is respectfully requested that Marie M.Selvoski e forthwith ordered to comply with the said Order by reinstating the account .full and if she fails to do so to appear before your Honorable Court for appropriate further action. BLOOM, BLOOM,BLOOM .' ~,J, .·I. i . .~. :; \.~i l'; IN THE COURT OF CO~.i~.':O?.r :.-LE/.3 OF V/ASHlNGTON COUNTY,r'ENNA. CIU-'HANS'COURT DIVISION I,' IN RE: Estate 01 EOCCO BUTTC'H,a/l~/fl Lece:?ised. ( ) ( ) ( ) ( ) ( No.fIJ7 of 1~69 AND NOV.,l\}it'll ZG,1';;71,the Crder 1:1 Contemyt }:'roceedlnq made by this Court on Ap'n B,1;/11,13 hereby amended W read as followa: Hcsf>Ondenl,Marte t~.Selvosld is hereby ordered: 1.To com,'1y uUh the lnandate of this Court in Us Adjudlcatlon d:lted JUly 17,1'070,crd to make v.rhole the full amount of tho bank.account as it existed in s'1id bank Frtor to AprU 1,1969,by der-osltln;eufiiclent funds \0 the new account to nUutn the sum of $23,601.05j the neVi account 1n the said Menon1\~"'.tioClall:nr.k and Trust.Company,V/nsbln~t.on CUice, shall bo Htled uH0CCO ~'cttcn [st2.lo and Florence Lerum".The bank is directed lo 0t-en ouch uccouctj it shall be a r6Strleted acCO&1nt,shall remain frozen by tile bank,which shall permltno wlthdraViala from same until further order of thi3 Court. 2.To causa to be made a.transfer or the amount of $0,004.70 from her bank account or that of herself and husband,tn the Mellon Nat\onalEank and'Trust Com~anyI .\\'ashin9ton Cfftee.to uie bank account above referred to in the names of Rocco Botton Estate and Florence Lerum.as said account \\'as titlod ~~,rior to Ai-rill.1~69.except that it shall be tilled presently \n the Estate name bS cHrectcd.' EXHIBIT "A" ",. ~. ""r •.-.-.,.,...-'.'""-...~-_.....,....... a..-"~..- ..~ i I iI!. f 3.To cause to bo oade a transfer of the fUrlda 1n ber name,or names of herself arid husband,in an account of approximately t1,6OO tl\the Ur.lon National Bank 10 bentleyvUle to the bank account above referred to \n t.4e Mellor.Natior:al Bark and Trust Com;;any,V.ash\nqton,PI.. 4.To ca.use to be made a transfer 01 the balance 111 the baoda 01 bar attor~cy,John F.Bell,Esq••deposited \\'lth him for costs,expens..,etc•• after all costs,C)q..cr.:.ies,ole.,have been fully paid (lneludlnq coata locldent. to 3Ur;fcme Court a;J~'esl)and any ar.c1 aU other costa and apena..pro~er11 r.-:ayablo from said fund,to tho bank account above referred to III tho Mellon Nat\or~l funk and Trust Comrany,Washln<JtOn CIlle•• 5.To cause to bo m2.de a transfer of the amount of $8,3W.491rom her bar:k account,or that of herself and huubaad,in the Union NaUonal Dank, V:ashin']ton !,~2.n Office,to ti'le bank account above referred to in the Mellon G.To kce~ii':tact aU fundS on deiJoslt \n U18 Estate Account of Hocco Dotton,deceased,whcl"eln Marie M.Selvosk\ls Executrix.elCepL for {.;ayc:.:ent of currcd ficcessnry costs and expensea.and ior co other pur~aG. 7.To c::;.use to be n:ade,no sate or other disposition of motor truck ar.d other \tm::s of verso~al property _bleh Vier.yurcbaaed.\1;Uh funda da-:1vcd from tho bo.nJ:::account 1n quea.Uon to the latlellon NaUonal BaBk 'and Trust Companyt or any part thereof. The coul'l1WHl rotain jurls<l1ctlon of.the Conlempt Proceedlnq uctll the new bank account has been fUlly restored to the orlqinal amount of the reterJaot account prtor to Aprll1,1$69.Relft)ndent shall ef1ect all of said transfors in oot more than ten (10)da)'.from the date.hereof. B)'the Court, lsI P.V.Marino, -if . •2. •• IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION IN RE: Estate of ROCCO BUTTON,a/k/a No.907 of 1969 ROCCO BOTTON, Deceased. o R D E R a Rule is issued upon Marie M.Selvoski to AND NOW,this -tIL~r-aay of --t6:l-~1::::::~~~~-.:'1972, she should not forthwith restore the bank account in question to the sum of $23,561.05 plus interest as required in the Amended Order in Contempt Proceeding dated April 29,1971,or upon failure to do so to appear before your Honor- t'(J;~0'clock .tT.M.,in the Orphans'Court of Washing able Court for appropriate further action.~. Rule returnable to the /~day of --+-~~~~::L..4- This said return date shall be considered a hearing date if the said Marie M. Selvoski has not fully complied with the aforesaid Amended Order in Contempt. (- .. IN THE COURT OF COMMON PLEAS OF WASHIN9TON.COUNTY~PENNi. ORPHANS'COURT DIVISION IN RE: ESTATE OF ROCCO BUTTON"a/k/a ROCCO BOTTON, Deceased. ,). ) ) ) ) ) ) ) No.907 of 1969 PROCEEDINGS ON RULE TO SHOW CAUSE WHY AMENDED ORDER IN CONTEMPT PROCEEDING DATED APRIL 29,1971 SHOULD NOT BE CARRIED OUT FORTHWITH OR MAHlE M.SELVOSKI BE ADJUDGED IN FURTHER CONTEMPT OF COURT BEFORE: APPEARANCES: TIME: THE HONORABLE P.VINCENT MARINO, Judge of the said Court~ MILTON D.-ROSENBERG"ESQ.,of Washington,Pa.,representing the Estate. JOHN F.BELL,ESQ.,of Washington,Penra., representing Marie M.Selvoski. Monday,.February 14,1972,at 1:30 o'clock P.M.,EST. •----.....-11-------.....,.....---..!.--··----.....---.....-.....--------~....-2- MR:ROSENBERG:I believe I am the moving'party.if you want me to proceed.And what lid like to do.because I realize some tim ... has gone by and some of this may not be as clear as it was,is go.. through first of all,.the Petition that I filed.and then make certain e ~zct>..I>-Ul ZZ1&1II. i0I-19 Z i Ulct~ ..,: !:!D:I-Ul Qe..Ict§ C;:l... %......N iiiIt1&1I-D:0II.IIID: I-a:;:l 00 ..IctUii:...0 e "references.Now the Petition that was filed and what this case come up on is a R~le to Show Cause Why the Amended O~d-er in Contempt . Proceeding dated April 29.1971 Should Not Be Carried Out Forthwi h Or Marie M.Selvoski Be Adjudged In Further Contempt of Court. That is the Petition. We have aileged·that the Petitioners.all of whom are pres ent here in Court this·afternoon.Samuel Botton, Florence Lerum and Viola Bergmann,are the heirs of Rocco Botton .' and received from Your ,Honorable Court an Amended Order in Contempt ~roceeding dated April 29,1971,a copy of which is attach d to the Petitioner. Second.that this Order was given at a time when the ownership of the bank account between the late Rocco Botto and Florence Lerum was on appeal to the Supreme Court of Pennsyl ania . Three.that on Dec'ember 20,1971.the. Supreme Court of Penm~ylvaniaat Number 88 March Term,1971,'. affirmed per curiam the Opinion of Your Honorable Court restoring the said bank account to its original ownership prior to the death of Rocco Botton. Four.that thereafter your Petitioners.throgh .........•·e 3 e ~z«>..J>-IIIZZ 1&1II. i0..eIZ iIII«.~ ..=uit..!!!Qe..J«§ Q :J.., J:I-"N vi'a:III..0:0II.III0: I-0::J00 ..J«Uii:... 0 e their atto:rneys,requested that'the account be restored as required i the Court Order of April 29,1971,and other paragraphs of the Orde And this was followed through with a letter which Marie Selvoski and the at~orney received again requesting that the account be .restored.·· Now if I may take a moment for the purpose of recoll,ection and refreshing your memory to look at the Amended Order.And this is what the Petition,Your Honor,addresses itself to.That is·the Order that is attached to the Petition and was dated April 29,1971.It requires basically,as Your Honor will see,that certain amounts in various banks be restored to one account back in the Mellon Bank to be titled Rocco Botton Estate and Florence Lerun . .There were certain sums in the several banks and one of them did .ne t have the $1600.00 in,that is the Union National Bank in Bentleyville that Marie Selvoski testified was there.It was less money.And what was there was turned over. Now the remaining sums that Your Honor called for were turned over into the Mellon Bank.Except,as I say, that one.And secondly,Marie Selvoski was ordered to keep intact all funds on depos it in the estate account.I won't go into that now, and not to s pend anything there. Paragraph seven,she was---and I will read this-~-"To cause to be made,no sale or other disposition of motor truck and other items of personal property which were purchased wi h funds derived from the bank account in question in the Mellon Nation 1 "II •4 Bank and Trust Company,orany part thereof.II ~z c(>..J>-UIZZIIIII. are interested in whe re thos e items of property are now. And lastly,before I make our request,Mr. Bell stated that he had had $600.00 from an original $1,000.00 that had been paid from this account and which had been my understanding at the time,and I stated in writing to the clients,that this $600.00 was to have been turned over to the bank account.This money was n<t turned over. z~THE COURT:z "·z"~MR.ROSENBERG: Which bank account? The new bank account.Now I am 'aware of,wh'lt tia:I-UI Qe..Jc( § Q ::l... "J: {;; N wiII:IIIl-ll::0II. IIIIl:: l-ll::::l0U ..Jc( Uii:...0 e Your Honor's Order says 'in paragraph four.And that has to be look d at too,relative to those funds.Now here is our position.I have just been attempting somewhat to refresh everybody1s memory.And the hearing upon which this was based,Your Honor,I hope is part of YOlT files there,was back on'April 8 of 1971.Itls a sho.rt record,but a',. record of where various monies were and what Ma.rie Selvoski did with the mon~y in question.Now here is our position.Here is!what we are asking for.At the time that Your Honor made this Order that I have been reviewing,that is the Order of April 29,1971,ther was not a final adjudication by the Supreme Court of Pennsylvania. In December that adjudication was handed down. THE COURT: MR.hOSENBERG: THE COURT: That is'last December. Yes.December of 1971. December 20. MR.ROSENBERG: • That's right,Your Honor.Arid since then, 5 I would like to take this approach.My approach is not at first blus'h to go into the various items of personal property and soforth.-That is not the approach that I choose to take.I fee 1 that Marie Selvoski, since the litigation has become final on the account,should restore, as Your Honor called for in paragraph one,.,the remairiing sum due to the acco.unt to bring it back up to the $23,561.05.that was in the account when she made these depletions.Now one of the bases that I am using in addition to the fact that now the litigation as far as this phase of the case is firial,is that in the record made before Your Honorable Court,and I think I have the page,page eight,and .this is subject to Your Honor,of course,seeing it---she testified under oath when we had her in here that she had in her hands Your HonorIs Cou rt Order freezing the money in the bank before she took it out.Now that is significant.On page eight,and this was brought out by her attorney,Mr.Bell,at the time.He said,and I am quoting - Question -"And the last paragraph stating that the account,the money would be frozen,yes."Now he was asking if she knew abo ut . this.And then he said,"And that you or any of your designees are temporarily enjoined from using any of the funds for any pur-pos . Is that correct?':To which she answered,"Yes.;'But I went to the bank and they told me the 'money wasntt frozen;that I could do what, I wanted with it."Question -"And did you take the money out of n e bank?"Answer -"Yes,I did."And sofC?rth.'Now the point is that •6 she had notice in the ·Court Order which was secured then by now Judge Gladden,who was counsel,freezing the funds while th~'re was an adjudication of the bank account.She took the money out in spite cf the Court Order and used it,as the record then goes on to say.We the Court now holds in its hands of the testimony of Marie Selvoski After the April,171 hearing,of course"all. there was misinformation given to Marie.That was all explained at it back up to where it was in the Mellon Bank. Your Honor,JIm not going to rehash this. Mr.Bell? that proceeding.I am not going in any further detail. and they must not·have been knowledgeable in the law.Apparently, out because the bank employees told her it was all right..Apparent! account,but she goes on to explain why,in fact,she,took the money a lawyer or several lawyers excepting this one told her it was all ri~ht The Court has been through the contempt proceedings and the record Now I think that that is our ·position.I will be and the fact that she did say she had the Court Order freezing the glad to get into anything further in a moment.But that is our positio . . are asking that the money be res tored forthwith to the account to brir g MR.BELL: THE COURT: "'. ~zc(>.~ll)z ZIIIII. i0I-0ziIII.~ ..:u ii:l-ll) Ce...c( § C:l., :I:.."til uiII:IIIl-II:0LIIIII: l-II::l0U..."«Uii:IL0 e the funds were returned to the Mellon Bank that were in the outstand ng accounts of other banks in the area;namely,the $5,000 that was in the Mellon Bank;the $8,397.49 in the Union National Bank;and a sum 0 money that was in the Union National Bank in Bentleyville was turne i •7 .' over to the Mellon Bank in one account.And it.is there now., THE COURT: .. What is the total of the amount that was retm ned? I MR.BELL:I gave the book to Mr.Ros.enberg at the time MR.JiOSENBERG:Your Honor,the total amount as shown by th book is $14,480.5'4. it states that any sum I have in my hands would go to all costs,in- eluding the cost of the Supreme Court appeal,which I did pay.Tlhe which is in my trustee account,going to paragraph four of your OrdE r, to speak.I might add while we are on the subject of the $600.00 So it's approxim?-tely $8,800•.00 short,so, ,' MR.BELL:~ Z<l:>oJ '>--1!UJ Z Z IIID. i0, I-el Z :z:!II<l:~ Selvoski's had to borrow money to pay on it and I paid out of my . own account the difference to make up for the appeal which ran almo,t .,:U lI:.~ Qe..I<l:Ii Q. :l., :I:I-....til viII:IIIl-ll:0D.IIIlI: l-ll::l0U oJ<l:U ii:...0 e $2,000.00. THE COURT: fees? MR.BELL: THE COURT: MR.BELL: THE COURT: MR.BELL: Is that just costs or d~es that include counse No counsel fees at all have I received. Only the costs? Yes.The costs exceed $2,000.00. That would be printing.? The printing,yes. THE COURT:.Of the record. MR.BELL:Yes,of the record and all. THE COURT:I understand. MR.BELL:Now when I received the Petition on January r-----II •8 27,'72,I called Mrs.Selvoski;she came in the office the following Saturday.I told her what thePetitim was about.She understood. They are willing to\=pay the ~igh,t)thousandsome dollars.However, unfortunately,they are in a financial position they cannot 'put it in. counsel and then present something to the Court. as to how much could be paid towards the reimbursement of this fune ? try to work it out here.It doesn't work out unfortunately,unless the Court has before it what items were bought with the money. I Spoke to Mr.Ros enber g aboD t Can we recess for about ten minutes and let We 11,do we have some suggestion of counse I prefer to,if the Court will indulge us,to I asked the,Selvoskils today about this,their payments.She is working and her husband is yvorking,and possibly you people talk it over? we are here . Now I asked them if there is some way they could make monthly it.As the Court is aware,on the April,'71 hearing,Mrs.'Selvoski incomes.And I think maybe we should work that out maybe between explained where the money went to.!tIS all listed in the short recorc; an arrangement can be worked out • MR.BELL: MR.ROSENBERG: THE COURT: THE COURT: e ~z 0(>...>0-lD• Z ZIIIQ, i0I-"ZXlD0(~ ~~ll:I-IDiie...0(ij ii:l., :rI:; N vill:IIIl-ll:0LIIIll: l-ll::l0U... 0( Uii:... 0 e MR.ROSENBERG:I don't object to that.I am w tiling to talk for a few minutes and see. THE COURT:We will do that • ( R E C E S S) THE COURT: MR.BELL: • Gentlemenl do we have a report? " Your Hon'orl I will start out with--I talked tc 9 the Selvoski's on their total incomel their expenses.And they can afford $100.00 per month,possibly $125.00.But they know they can give $100.00.And the $125.00 they are not so sure they can keep th t. ~z 0(>...>-UlZ ZIIIII. ioI-~z iUl~ up.I conveyed this to Mr.hosenberg and he said he would"talk to his people,although he would want a mortgage on the hau'se l ~1?ich is clear for that amount in order for the $100.00.,Also,he wanted the truck,the camper and the freezer that was mentioned in the April,,'71 hearing by Mrs.Selvoskil which some of the money went They are willing to give the truck,and camper.However,the freezeI, to purchas e. andkeep their frozen goods.And they would still like to retain the they have no refrigerator other than that freezer where they store freezer if possible. ~u~!!!~THE COURT: 0(ug 'MR.BELL:., :I:t:(II ui0:IIII-0:o.LIIIa:: I-0::JoU...0( U ii:THE COURT:...o MR.BELL: Where are those articles now? They are at the home of the Selvoski's . That shouldb'e retained in the home. There is how we stand.I don't know if Mr. Rosenberg's people have accepted that.Going over this l itls the bare minimum the Selvoski's can come ,up with and still live. MR~ROSENBERG:We have got a problem.I have'advisedl as far as monthly payments,I have advised that our people take monthly payments.But I am entirely sympathetic with theml ~ntirely,that I 10 . they should have a mortgage on the property of theSelvoskils.Now the kind of mortgage that I would envision.and the property is free•. but we all know it's not worth the ~g,nbthousandand some dollars. Your Honor.that we are talking about here.It's not is it a $100.CO also be included.I don't have final authority here.And we were onl because had the money been in the bank there would have been con- the unpaid balance with interest at six percent payable $100.00 a to be subject to Cou'rt approval anyhow.so Imai as well tell you wh t' " I have some other ideas on this.and it's goir g r feel that the Selvos~i's should make monthly payme tsmyideasare• over of the truck and camper.Can we ha ve a moment? month to include interest.That is a .monthly payment.and the turni g in the discussion stage.But I would discuss setting up a mortgage or' is why I feel that the turning over the truck and the camper should on the unpaid balance.':six perce'nt mortgage.And they ~ay this siderable interestwhich would have accrued on the money.And,that at the amount which we can arrive at.that it be 'a convention~lmor.tgage a month mortgage.but one thing my peoplelhave said that wher;t we ar rive vilI:IIIl-ll:oLIII~THE COURT: ::Joo ..I0( Uii:...o e ~z 0(>..I>-lJl Z Z IIIII. i0I-(J %ilJl •0(~ ~0 iii:. I-lJl 0e..I0( ~ 0::J.., :tI:.C\I to the extent that they have indicated.and that the camper and all , ,the other articles outside of the refrigerator or freezer sho'uld be' turned over to Mr.Rosenberg's.clients.But I dO,not envision the necessity for a mortgage at this time.I would prefer to have the Selvoski's make payment of their monthly payments for three con- secutive months.at the end of which time the Court would reconside r •,, .the'matter and ~.etermine whether or not a mortgage should be place on the property. (At the direction of the Court,off-the-record discussion was not recorded by the stenographer). 1 1 THE COURT:The Court is willing to continue the,matter.. indefinitely under the terms which have been explained by the Court. MR.ROSENBERG:Wait a minute.Pm goi,ng'to want an order here.Could I talk for a moment? THE COURT:Yes. ,(At the direction of Mr.Rosenberg,off-the-record discussion was not recorded by the stenographer). THE COURT:The matter of the contempt of Court of Mari Selvoski,which is before the Court presently on the Petition for a rule to show cause why the amended order in,contempt proceeding dated April 29,1971 should not be carried out forthwith or Marie M.Seivoski be adjudged in further contempt of Court,in this matter the Court is holding the whole case of the contempt in abeyance at this time and will so hold it for a period of t~ree months from this date;pro'vided tha t during the "three month period Marie M.Selvoski shall pay the sum of $100.00 per month against the deficiency in the b~nk a'ccount at the Mellon National Bank and Trust Company,which has already been ordered by the Court to be made whole;she is further ordered to relinquish custody and possession of a camper and a truck which was purchased after the money had been taken out •12 of the bank'.These said items to be turned over to Mr.RosenberglE.' clients within ten days,incl,-:!'ding the htle to same. MR.BELL:Let me ask you,this,Your Honor,the beginr ing of the payment of the iP100.00--- month period.Is that correct? month,the firs t of March; until March 1st,that the three payments are due within the three are acquainted with car values and camper values. Now,Your Honor,for further clarification, No.We are goi~g to amend·that.The first With res pect to the .truck and the camper, The first payment'to be made the first of the ,' Also,Your H:mor,op ~he turning over of the_ or retail value shall be ascertained.by consulting individuals who it is my understanding that even though the first payment is not due the reasonable market or retail value of said items shaH be as certain.ed value of that if we should have it appraised,take i~to a car dealer truck and trailer,,1 .think someth ing should be done·about t!J-e reasonc ble so that it may be available to the Court for future use.And this mar et or something to find out what the value of'it would be. MR.ROSENBERG: MR.BELL: THE COURT: THE COURT: THE COURT:e ~z«>..J>-III ZZ\II'Q. i0I- elZ iIII<:: ..:uii:I-III Qe..J<0 Q ::J., %~"til iiiII:IIII-0:0Q. \II ~0: I-0:::J0U ..J<-0 ii:r.-'0 e payment will be made March 1st and two subsequent payments 30 days thereafter and 60 days thereafter;after which time the Court will then again reconsider the matter and make further orders in thi~ proceeding.So it actually means more than three month/:)o -e 13 "';-MR.BELL:So there will be no mixup on h?w the paymen s will be made,the Selvoski's will pay mer:and I will turn over the payments to Mr.Rosenberg and he will deposit it in thE:bank accoun , in the book. of the funds. bank,Your Honor had an order stating that it should be taken out, Court Order that I have just handed up,relative to the bank account Estate and Florence LeruJU,being Account Number 619576,drawn Your Honor,with reference to the proposed Your Honor,as to the money that is in the That will be fine. only on Court Order.And I have prepared th.e necessary order;; recorded by the stenographer). in'the Mellon Bank,which is an account under the na~e of Rocco Bo ton according to Your Honor's Court Order,there was restored to the (At the direction of the Court,off-the-record discussion was not since Florence Lerum'is here from Indiana,permitting the withdrav al (At the direction of the Court,off-the-record discussion was not,_ p account $14,480.54,which is less than the Court Order becaus e .recorded by the stenographer). MR.ROSENBERG: MR.ROSENBERG: THE COURT: '.e ~z«>..I>-UlZZ111 II. i0I-Clz %1II«~ ~!:1 'Il::I-1II Ce..I« U c:l.., :t.."N. uiItIII f' l-ll:: 0II.IIIIl:: l-ll:: I :l0U ..I«Uii:IL0 e some of the money represented to be in the bank wasn't there. Plus,Your Honor,I have been notified of interest of $271.48. THE COURT:That is $271.48 ? MR.ROSENBERG:Yes.Now,Your Honor,in order to keep thE .. 14 record clear,for 'the future,so that there "Y0n1t be any q~estion,I .. am going to take Florence Lerum and withdraw $141.000 even,leavin the remaining sum plus the interest in-the account,keeping the aCCOl nt open so that there will be a clear record of what is there to restore the account to the original amount. THE COURT: MR.BELL': Correct? MR •.ROSENBERG: MR.BELL: Do you feel,that is satisfactory,Mr.Bell? '....- Yes.Now the origimil amount was $23,'561.0 ~. I think it's $23,561.05. And there's $14,480.50 w.hich leaves a balan e due and owing $9,081.55. (At the direction of the Court,off-the-record discussion was not recorded by the stenographer)~ MR.ROSENBERG:" If the Court please,to be exact,when I subtracted,it's $9,080;51. MR.BELL: THE COURT: I agree with that. Ail right.The 9rde'r of the'Court will be enforced and we will hold the entire matter in,abeyance,pending the payments as directed by the Court and the other matters directec by the Court.And after the third $100.00 has been made,the Cou rt will then reconsider the entire matter as to what procedures shall be taken.This order will be m~de presently with ,respect to with- drawing of funds.from the present account.Mr.Rosenberg,this ought to be recorded. 15 MR.ROSENBERG:I intend to.I will take it down now and recor it. '.(Proceedings Clos ed). I hereby certify that the proceedings''and evidence are coiltaine ~z«>.J>-fJlZZ1&1D. Z'o~fully and accurately in the notes taken by ~e on the hearing of the above zx~'cause,and that this copy is a correct transcri~t of the:same~ ..=uii:l-ll) C .J~!:!c:J., %.."N ,.~. The foregoing record of the proceedings upon the hearing of viII:JII'l-ll:oD.1&1ll: l-ll::Jo~the above cause is hereby approved and directe,d to be filed. «oii:, II.o P·I",?fl r,!I..tJ 0 cRU,:;;~::.,:~:,.~:,'.:,:',;N0 ,'.[C./,.I EH or,~iiLLS IN THE COURT OF COMMON PLEAS OF ~~~~litJfg~cCOfrNTY,PENNA. ORPHANSl COURT DIVISION IN RE: Estate of ROCCO BUTTON,a/k/a ,ROCCO BOTTON, ," Deceased: Marino,J.January :.zt,1973. ( ) ( ) ( ) ( ) ( oPINT 0 N Noo 907 of 1969 Rocco Botton died August 8,1969;his will was made and dated March 31,1969.He had been living with Charles Selvoski and Marie Selvoski, his wife,for about six mo nths and named them as executors in said will. Their three minor children were named as residuary legatees,while his own children (all adults)were forgotten. Decedent's son,Samuel Botton,has presented his petition to this Court,claiming that the will is invalid because the decedent,in March,1969, was gravely ill and his mental condition was impaired,so that he was not a person of sound mind;capable of properly disposing of his estate by will; that the said will was procured by undue influence,duress and constraint practiced upon the decedent byCharles Selvoski and Marie M.Selvoski,his wife;he prays for an issue d.v.n.and a jury trial to decide these matters. Contemporaneously therewith,he filed a petition asking the court to declare invalid the transfer of a bank account to Marie Selvoski,in trust, for about $23,000.because of insufficient proof that this was a proper transfe • ()••,( The court,holding that Marie M.Selvoski stood in a confidential relationship with Rocco Botton,placed the burden of proof upon her to show that said transfer was vo luntary,fair and open on the part of decedent when it was made.She was unable to successfully present proof of that nature and the case was decided against her.The court was sustained in an appeal to the Supreme Court (Dec.20,1971 -445 Pa.609). However,proof need not be submitted of the vo luntariness of an action when it is decreed by a will,even if the benefit goes to the person in a confidential position.In such case,he who claims that undue influence was exerted,has the burden of proof.In the case of McCown v.Fraser,327 Pa. 561,565 (1937),it is held:''Where the gift is made in a will,however,the rule ip n~t so stritfgent:.'Caughey'v.'Br'idenbaugh,208 Pa.414;Phillips' ESt'.,244 Pa.35,44.A testator's interest in his property necessarily terminates at death,whereas it is 9Pposed to the commo'n experience of mankind for one yet alive and able to enjoy his property to divest himself of a substantial part of his estate vo luntarily and without consideration.Therefor the law does not view a testamentary disposition with so suspicious an eye. Where a gift is made by will to one standing in a confidential relation,the burden of disproving undue influence is not placed upon the beneficiary named in the will unless it is also shown that the testator lacked testamentary capacity or that in the making of the will his mind was under the beneficiary's control:Gongaware v.Donehoo,255 Pa.502;Buechley's Est.,278 Pa.227; Koons's Est.,293 Pa.465;Mark's Est.,298 Pa.285;Keen's Est.,299 Pa. 430.'f It is also argued that the will of Mr.Botton is an unnatural one, since no provision whatever is made for his children or any other relatives. -2- • In Paul Will,407 Pa.30,45 (1962),it was said:rr •••Furthermore,absent any proof of undue influence,the fact that a will appears to be unnatural is not ground for setting it or any of its provisions aside.Every person has a right to dispose of his or her own property as he or she sees fit.Sommervill~ Will,406 Pa.207,225.If An issue d.v.n.is refused as well as a jury trial. -3- The Supreme Court of Pennsylvania,L ss: The Commonwealth of Pennsylvania Western District - •• WASHINGTON I FLORENCE LERUM,VIOLA M.BERGMANN and SAMUEL BOTTON from the Opinion and Order dated January 24,1973,of your said Court,at No.907 of 1969;IN RE:ESTATE OF ROCCO BUTTON, a/k/a ROCCO BOTTON,DECEASED GREETING:We being willing for certain causes to be certified of the matter of the appeal of TO THE JUDGES oj the COURT OF COMMON PLEAS,ORPHANS'COURT DIV.JOT the County oj I'," before you,or some of you,depending,DO COMMAND YOU that the record and proceedings aforesaid,with all things /touching the same,before the Justices of our Supreme Court of Pennsylvania,at Pittsburgh,in and for the Western District,xmddmcxxxi:~:.tNxxxxx~FORTHWITH ~,so full and entire as in your Court before you they remain,you certify and send,together with this Writ,that we may further cause to be done thereupon that which of right and according to the laws of the said State ought. Witness HON.BENJAMIN R. Court,the 15th one thousand nine hundred and JONES ,Doctor of Laws,Chief Justice of our said Supreme day of February in the Year of our Lord seventy-three.~~ neputf'PROTHONOTARY • • --- ·.~ oo,..; ··00!Zloo~Oo00Z~~H rs ''ll" ;... I 'papU7lULULO:J a.L7l am U11lnm S7l 'puas pU7l nj~+.La:J am 'U~7lULa.L nall+sn a.Lojaq S7l a.LHua pU7l llrtJ os 'aUL7lS all+{ju~ll:Jno+St5U~~+117l pU7l 'ssa:Jo.Ld pU7l p.Lo:Ja.L c;'llX :p~.L+s~a u.La+saM all+.Loj pU7l u~t5um~s '7l~u7lazftsuuad jo ll+17lamUOULUL0;J all+Jo +.Lno;J aULa.Ldns all+jo sa:J~+snr all+aZq7l.LouOH all+oX e'--,-.J NOTE-Rule 6:\requires appellant,immediately upon entering his appeal,to serve notice thereof on the opposite party or his counsel and to file promptly in the Court below proof of the service of such notice. I In re:ESTATE OF ROCCO BUTTON, a/k/a ROCCO BOTTON,1 Deceased. To Appellee or his Counsel: No.907 of ~,1969 (Number in court below) You are hereby not ifi ed that on.__--=.F....:::e:...:b:.::r:.....:u::.:a:.::r:...Jy"----1~5...z.,~...=1=..",9:....!7-:.3!.....O,L.-_ an appeal was taken to the Supreme Court of Pennsylvania in the above enti tIed case at No.100 March Term,1973,by Florence Lerum,Viola M. ,Bergmann and Samuel Botton and that this appeal will be on the list for the Week of Eeptamber 24,1973,at Pittsburgh BLOOM,BLOOM,R ENBERG &BLOOM for Appellant. -+h......:·~~.~-=-.:::::.......::..=...c...~'-----=;7c-'-(2"'"'-1973,Servi ceof the fore go ing notice ish~~d.~j)'"kt/)17 ()~a FILE IN COURT BELOW -._--._------------ e No.907 of 1969 (Number :in oourt below) /t:-~.?n~-y:::./7j--!i In re:ESTA TE OF ROCCO BUTTON,a/k/a ROCCO'BOTTON,Deceased c=j 1....-·.....i ~. r --,,:." _.....)....'" -71 r>co, .::::1 ... -.luv:t=--:1;t;~;;:n U)G")c:::c:-~r)~~~~3 -4 ::r,-:.r·--' Noti~e~~,of:App~;~n '"and Acoep~a®~of S:~rvioe ..r--.- -oro ';i:>-0""> •~ .- /'r"Y q..~fk. •--,I Co> RULE MI.Immediately upon entering his appeal,appellant shall serve notice thereof on the opposite party or his counsel;on the stenograplier who took the testimony,if the official transcript thereof has not !been filed;also on the judge who made any ruling or entered any order,judgment or decree,of which appellant complains and the reasons for which do not already appear of record;and shall promptly file in the court below proof of the service of such notices. A failure to comply with this rule and promptly to serve notice on the court below,with a concise statement of the matters complained of and regarding which it is alleged the reasons therefor do not appear of record,may be considered as a waiver of all objections to the ruling,order,judgment or decree in question.On receipt of the notice here required, the official stenographer shall forthwith proceed to have his notes transcribed,.approved and filed,and the court below shall forthwith file of record at least a brief statement,in the form of an opinion,of the reasons for the ruling,order, judgment or decree therein referred to,or shall specify in writing the place in the record where such reasons may be found,and this opinion or writing shall be attached to the record and printed as part ther~f. In re:ESTATE OF ROCCO BUTTON, a/k/a ROCCO BOTTON,No.907 of Deceased. an appeal was taken to the Supreme Court of To Honorable P.V.MARINO ~.3PursuanttoRule~J printed above J you are hereby notified that on February 15,1973 J Pennsylvania in the above entitled case at No .100 March Term J 1973 byFlorenceLerum,Viola M.Bergmann and Samuel Botton J and that appellant complains of the following matters J the reasons for which do not appear of record: BLOOM,BLOOM,ROSENBERG &BLOOM ~Lr;~ To .Jackie Hammond J Stenographer: C3 Pursuant to rule ~J printed above J you are hereby notified that L- '.._.;./V/.~~-7_.'---:<r'~-fr',----'-=b=-'f--+(--fu.(....~~Se rvice 0 f the~.....fore~is hereby aooepted. ~\k:~~~, on February 15,1973 an appeal was taken to the Supreme Court of Attorn ~10 Service of the foregoing notice is hereby accepted.J Pennsylvania in the above entitled case at No .100 March TermJ 19 73 by Florence Lerum,Viola M.Bergmann and Samuel Botton -\e,.J "Vd ..0:,)NO.L:)NIH SVM Slllli'::1'):.131 S1v3Hot-J I~j ~f :'\~I -1:1 SSm.~ t1 (f ''''''I "'1 I . I -~'....1\..;.-';1 J