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Home My WebLink AboutOC1969-1207 - ESTATE OF WOJNAR---------------------------------~------;---, C!!nmmnunttalt4 nf Jfeuu.ayluuuiu.} !l!l. 'lhr.a~ittgtnu C!tnuuty. KNOW ALL MEN BY THESE PRESENTS: Whereas, at Washington, m the County aforesaid on the 23rd. day of October A. D. 19 69 , before me, Russell Marino , Register for the Probate of Wills and Granting Letters of Administration in and for the County of Washington, in the Commonwealth of Pennsylvania, the last Will and Testament of Anthony Wojnar,A/K/A Antoni Wojnar late of Donora in the County aforesaid, deceased, (a true copy whereof IS to these presents annexed), was duly admitted to probate; and Bernie e Sa la rix. . the Execut& m sa1d Will and Testament named, having appeared before me and taken and subscribed the oath of office prescribed by law; NOW, THEREFORE, I, Russell Marino , Register as aforesaid, do grant these LETTERS TESTAMENTARY, unto the said Bernice Sala committing unto :Her the administration of all and singular the goods and chattels, rights and credits, which were of said deceased, and requiring Her to exhibit a true and perfect inventory thereof into the Register's Office, at Washington, within ninety days from the date hereof, and to render a just and true account of said administration at the expiration of six months from the date hereof, and to regard and comply with the provisions of the laws of this Commonwealth relating to inheritance taxes. IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said Office at Washington, this 23rd. -day of October in the year of our Lord one thousand nine hundred and Sixty Nine ~ /7; ' ········································································-~·····················~· Register ~ -I '"fit,.:_~~-:,.._"' .. ~~ : ~ =s i ;.... I ttS : ... i = M: M fl,t «! a IL GS! ~ ~ 0 ~~ .,...., •,..-,: 0 "' ... Ul oi ~ t ts:t 1-!5:! fl,t < a 1-t>J ..-t (/) ~ Ul ~j 0 ts:t 0! .p ;.... .Q! s::: ~ .Pi ~ ... ~~ ... <' ~ ~ ~ ~ i ~ i ' I ! ( .. LAST WILL AND TESTAMENT I, ANTHONY WOJNAR, of the Borough of Donora, Washington County, Pennsylvania, do hereby make my Last Will and Testament and revoke all Wills by me at any time heretofore made. FIRST: I direct the payment out of my estate of the expenses of my illness and funeral. SECOND: I give, devise and bequeath an of my real estate to my daughter Bernice Sala, her heirs and assigns. THIRD: All the rest, residue and remainder of my estate, I give, devise and bequeath to my three daughters, Charlotte Szerszen, Jeannette Bury and Bernice Sala, share and share alike. FOURTH: I nominate, constitute and ap:p.oint my daughter, Bernice Sala, Executrix of this my Last Will and I direct that she shall not be required to enter security in any jurisdiction in which .she may act. ' IN WITNESS WHEHEOF, I have set my hand and seal to this my Last Will and Testament this -l-J~ day ofApril, A .. D., 1961. --~~-=-=--.:._-·~-· ~r-.t..-.ZtL;a.·~,:....,-1-L~=~..._· _ . ___ (Seal) ? Signed, sealed, published and eclared by Anthony Wojnar, the above named testator, as and for his Last Will and Testament, in the presence of us, who at his request, in his presence, and in the presence of each other, all being present at the same time, have hereunto subs:cribed our names as § r, . witnesses. ~ --~-;; . ~)J.{p-~ /d~Jt.y J '. 1\ffi~autt ®f fxrrutnr ®r l\~mtutstratnr ~tatr nf Jruusylttattia t Q!nuuty nf llas4iugtnu S ss: Personally before me, the undersigned authority, a ...... N.9.:t::.9X:Y ... ~'!J..Rli.G ____ in and for said County and State, appeared --------------~~X.UiG~L.Sal.a ____________________________________________ .. who, being duly sworn according to law, deposes and say! that s ~ . is the executor .:mx~ of the es- tate of ADJ:;hg_ny __ W9jD.9.r ... 9ikla ..... ~~-0JUease'fr.l Jttr:ft the foregoing schedules constitute a complete inventory and appraisement of the real and personal estate of A~J:;J::!:g_-gy __ W9J:9.9.~------· deceased, except real ~state outside the Commonwealth of Pennsylvania; that the figures opposite each item of real and/!?ersonal ·estate in the foregoing schedules are determined and stated by the undersigned to be th~ 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 Administrator. d•yiE;~ ~~rJ l~t~ STEPi!A:~A IJ~iUI':', :·,:~ar;• Public Donora Wll~!.' • . L.uu~•·y, Pa. ADDITIONAL INSTRUCTIONS "" G••mr· -1 l • p<•es · 1. An invent.ory .. ~lJSt 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 Oopies and 2 RCRI-33, Over $10,000, including Copy of Will; 1 Original and 3 Copies and 2 RCRI-33, Over $50,000, ip- cluding Copy of Will and copy of Federal Estate Tax Return. ·· REFERENCE FOR ADDITIONAL COPY Act of 1947 P.L. 513 Sec. 5.2, 72 P.S. 4844.2 ~uttrutnry aub 1\ppraisrmrut .of the goods and chattels, rights and credits which were of __ Antho.ny __ ,Wojna.r ... a/k/a ... Ant.on.italfe0jo?~~----··_:p_q;q_q;J;~., .... J?.~.I1.I1.~Y-~Y.?P.t.~ ............ .. Washington County, Pa., taken and made in conformity with the above affidavit. DOLLARS PERSONAL PROPERTY 1. Cash 2. .Savings account No. 65-20413 in Mellon National Bank & Trust Co., Donora, Pa., office 3. Social Security lump-sum funeral benefit 4. United States Steel pension check REAL ESTATE All that parcel of land situate in the Borough of Donora, Washington County, Pennsylvania, being Lot No. 15 in Block No. 36 319 40 4,935 34 255----00 97 50 6,500. 00 12,107 24 J .<' . ' ::J> ~ :z [ B~ :a ) . "vd ··o:J :J>:Z ..... N 0 .\.:) N I HSV1A Z:t-< ;:: H: ..... ~ S"l-JIH. JO ~ .. "' li3lSJ53:Jl o:~ ;:: z:o ..... ~ c 0 ~· i l., · .. ··~ --~ ''tl t"'"~~~ Hi~ ~ ~ r1 .·,.~ t ! .~ · .. ,. ;;, ~1M ~=:l> ~ ~ I ;:: ............ o::;;d ~ .,.... 6' t...t: ~ '-..) I 0 ' ';...) z:OJ '""'! ~ r~nr OL ).. ~ ~ r'll..,l \,.I C. >:---.... '""'! ~ :;;d:~ ~ ~ Uv . . ·~a-~ :---.... <:;· ~ l i·J :OJ 0 ~ . .f:.j ... "l"l .. ~ ;:: ..... <":} ~ ' ~. ... . -.. ~ ·- : ' ) ) J :: ) : ~-·: •. j \ ' '·' ... . . . ~ . .. . . • I I .. I , . ,., ,J '~ • .• ... J . . -· . . ' ,, ., .. ~ .J • • • STATE OF PENNSYLVANIA, WASHINGTON COUNTY, ~ SS: The within named Accountant being duly sworn according to law, deposes and sa)S that the above account as stated is true and correct as ........................ she ........... verily believes. ~J 7'.2 Sworn and subscribed before me this _____________________ _ day~ol -'--;~ .• :~-,-__ .--_.-.~:: • I ; t' • ·.. · ~ t~"PII/I:tA :-~o~nr:', :•ctary Publio • ........... • Oonoro.' Wa~!.· '-·• ~.-ounty, Pa. ) :·. ~.-om ,.; iu 1 E Apires ,. Jan • .:::J, 1973 W01shington County, ss: ~ t~ \D. ~ ~ ~ ""l t i ~ ~ \ l ~ i ci z .- ' . '. ... . ~. -......... , .... -... ,, . ~---~4~--~----------------------Exec~--.. 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 evidenced by proofs . 7 3'7'0 thereof filed to No ... b3-:.: .. __ Q--:_ _______ ........... .. L dayo:?1~=:~;:~~?~ Register of Wills +.> .... ::s 0 0 Q) ..c:l +.> i 0 +.> "" Q) +.> ;::: Q) rn Q) !'""'!;; .. i ; . .... ""' ... -· ~ -.._ .. ------------------------------------------...,;.-;; e~lvv-o ' l,D.lSCl S!4-l !-lnq!J-l,S!P JadoJd au!WJaiap Ol paisanbaJ "-II nH::>adsaJ S! -lJnOJ a4.1 ' \. i J r I ' ' - .') f) ~ -··· ·c . <" . ' . -" ...... ./.;--,, ( IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ) ANTHONY WOJNAR, a/k/a ) ' . ANTONI WOJNAR ESTATE, ) ) Deceased. ) FIRST AND FINAL ACCOUNT OF BERNICE SALA, EXECUTRIX OF THE ESTATE OF ANTHONY WOJNAR a/k/a ANTONI WOJNAR. DECEASED. SUMMARY: Principal: Receipts $12,107.24 Disbursements 32600.47 $ 8,506.77 Income: Receipts $ 98.70 Disbursements 0.00 98.70 BALANCE FOR DISTRIBUTION $ 83605.47 . ' I . .. . . . ;: 1i~>~· ... "-/7 ' RECEIPTS Inventory and Appraisement filed ........... $12.107.24 DISBURSEMENTS Administration Expenses Russell Marino, Letters of Administration. $ Valley Independent, Advertising Letters .. Washington County Reports, Advertising .. Russell Marino, Filing Inventory .... . Russell Marino, Filing Account ..... . Barna and Barna, Attorneys Fee ..... . Notary Public fees . . . . . . . . . . . . Guy Rodgers, Deposition ......... . Preferred Debts 14.00 10.75 14.00 3.00 16.00 600.45 4.50 15.00 Macik Funeral Home, Funeral ........ $1,695.00 Bianchi Monuments, Lettering gravemarker . · 42.00 Father Zachewicz, Funeral service. . . . . 35.00 St. Mary's Church, Funeral dinner. . . . . 91.07 Dr. Breuther, Final bill . . . . . . . . . 30.00 Montifiore Hospital, Final bill. . . . . . 15.00 Newspapers, Thank you notes. . . . . . . . 4.50 Stamps for thank you notes . . . . . . . . 10.20 Family Exemption t Bernice Sala, Daughter, Family exemption . $1,000.00 RECEIPTS $ 677.70 1,922.77 1,000.00 $3,600.47 Interest on Mellon National Bank & Trust Co. savings account No. 65-20413 .... . . . . . . . . § 98.70 DISBURSEMENTS None . . . . . . . . . . . . . . . . . . . $ 0.00 Washington County Reports Washington, Pennsylvania (PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION) PROOF OF PUBLICATION In compliance with tlhe Newspaper Advertising Act of May 16, 1929, P. L. 1784 Sec. 3, paragraphs ( 3) and ( 25). CouNTY OF WASHINGTON} SS. STATE OF PENNSYLVANIA Personally appeared before me, a Notary Public in and for said County and Commonwealth, CHARLES C. KELLER, who, being duly sworn, deposes and says: that he is the Editor of the WASHINGTON COUNTY REPORTS, the official legal periodical for said Washington County, published weekly hav·ing its place of business at Washington, Washington County, Pennsylvania, and is acting as its agent in this behalf; that the said WASHINGTON COUNTY REPORTS was established on March 31, 1920, and was designated as the official legal publication for Washington County, Pennsylvania, by order of the several courts of said County, dated November 11, 1920; that the printed notice or advertisement attached hereto is a copy of a notice or advertisement, exactly as .printed or published, which appeared in the said legal periodical in its regular ISsues on the following dates: ....... NoY.embe.r .... 6 ..... 13 ...... 2.0., .... l9.6.9. ............ . that the affiant or the corporation in behalf of which he is acting is not interested in the subject matter of said notice or advertising and that all of the allegations of this affidavit as to the time, place and character of the publication are true. ~--/!]---~ Sworn to and s · cribed before me this ... 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. • • • • • • • • • • • • • • • • • WOJNAR, ANTHONY, a/k/a ANTONI WOJNAR, Dec'd, Late of Donora, Washington County, Penna. Executi'ix: Bernice Sala, 643 Sixth St., Donora, Penna. Attorneys: Barna and Barna, 7th & McKean Avenue, Donora, Pa. ' I Proof of Publication of Notice in The Valley .Independent Under Act No. 587, Approved May 16, 1929, P. L. 1784, as amended by Act. No. 51 of April 24, 1931, P. l. 67 State of Pennsylvania County of Westmoreland }ss: Assistant Personally appeared before me William H. Pore, Secretary of Mon Valley Newspapers, Inc., a Penn- sylvania corporation, publisher of The Volley Independent, who, being duly sworn, deposes and says that The Valley Independent is o doily newspaper of general circulation in Fayette, Washington. and Westmoreland counties, Pennsylvania, and elsewhere, published in the City of Monessen, Westmoreland County,· Pennsylvania, that it was established June 28, 1902, since which dote The Volley Independent has been regularly issued in said county, and that a copy of the printed notice or publication is attached hereto exactly as the some was printed and published in the regular editions and issues of The Volley Independent on the following dates, October 31, 1969 -----------------------------November 7 and 14, 1969 Affiant further deposes and says that he is General Manager of The Volley Independent, a dally newspaper of general circulation, and as such is authorized to verify the foregoing statement under oath, and Affiant is not interested in the subject matter of the aforesaid notice or advertise- ment, and that all allegations in the foregoing statements as to time, place and chmucter of publico· tlon ore true. o-r:dL, .) l ~ COPY of KOTICE Letters testamentary on the. estate of I Anthony Wojnar a-k-a Anto'ni Wojnar late./ jof Donora, Wasbhington County, deceas. ed, having been granted by the Register o~ Washington County, notice is hereby g1ven to all persons indebted to said es·l tate to make immediate payment, and I tO thOSe haVJnjj'·clairi\.slfliga. inst. the same f to present th"em WltrO'Ut;.; de lilY to Ber- nice Sala, executrix,:· '6.43HSixth Street, Donora, Pa. Barna and "B'a'f-na, af1orR ney, 7th & MCKean Ave., Donora, Pa. 10;31.11 ;7, 14 Sworn to and subscribed before me this ---=1_,_7_..:t-=-h:;_ ----- day of November , 19 69 /?L~ Notary Public lv:,-\RY A. EVANS. Notary PubliG My commission expires lw: .... MOIJ, Weslmorelond eo ... Pe'. My Commission Expires July 30, ·1973. STATEMENT OF ADVERTISING COSTS: Barna and Barna, Attorneys at Law 7th &·McKean Avenue Donora, Pa. 15033 TO MON VALLEY NEWSPAPERS, INC., DR. For publishing the notice or advertisement attached hereto in The Valley Independent on above stated dates .................. $ 10 · 00 Notary ........ · ............................................................... : $ · 75 Total .......................................................................... $10.75 PUBLISHER'S RECEiPT FOR ADVERTISING COSTS Mon Volley Newspapers, Inc., publisher· of The Volley Independent, a doily newspaper of general circulotton, hereby acknowledges receipt of the aforesaid advertising and publication costs and certi- fieS that the same hove been duly paid. MON VALLEY NEWSPAPERS, INC. 10/30/69 PAID~ By OLIVER N. HORMELL ATTORNEY AT LAW 423 THIRD STREET CALIFORNIA, PENNA, IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ANTHONY WOJNAR, a/k/a ) ANTONI WOJNAR ESTATE, ) ) 63-6,9-1207 Deceased. ) OBJECTIONS TO ACCOUNT TO THE HONORABLE, THE AUDITING JUDGE: z:! AND NOW, this /~ day of 4v; vJt' ' 1970, Charlotte Szerszen and Jeannette Bury, residuary legatees of the decedent, as will appear from the objections hereinafter stated, object to the account filed by Bernice Sala, Executrix under the will of the decedent,with the Register of Wills of Washington County, Pennsylvania, on June 30, 1970, for the following reasons: l. The accountant has failed to include among the assets of decedent.'·s estate an automobile owned by the decedent at the time of his death. 2. The accountant has failed to include among the assets of decedent's estate furniture and other personal property owned by the decedent' and on the premises mvned by the decedent at the time of his death. • -1- I i I ~- .. 3. The sum of $319.40 designated as cash in the inventory is incorrect and should be a larger amount. 4. The RCG-62 report made for Inheritance Tax purposes referred to transfers made within two years prior to the death of the decedent as being taxable. Among those ~ assets were the sum of $5,000.00,with $1,000.00 allegedly transferred to John Wojnar on January 31, 1969, and $4,000.00 allegealy transferred 0n August l, 1969, in the amount of $1,000.00 ~ . each to the following grandchildren: Charles Sala, Carol Ann Sala, Debra Sala, and Kenneth Sala. The objectors believe and do hereby aver that the transfers made as aforesaid were not made by the decedent, and that the sum of $5,000.00 represented thereby should be part of the residuary estate and divided among the objectors and the Executrix in accordance with Paragraph Third of the Will of the decedent. 5. No copy of the inventory of the contents of the safety deposit box held by the decedent and Bernice Sala 1n the Mellon National Bank and Trust Company of 501 McKean Avenue, Donora, Pennsylvania, has been presented to your Objectors, nor do your Objectors have any knowledge of the contents of said box, and there is nothing that appears in the inventory which indicates what those contents may or might have been. 6. The account shows a balance fcrr, distribution of $8,605.47, of which the sum .of $6,500.00 is represented by real estate which the decedent designated would belong to Bernice Sala. This leaves the sum of $2,105.47, less additional expenses of administration not yet enumerated, for distribution among the residuary legatees so that their bequest less the expenses so indicated would be ~701.82 each. The Objectors aver that bhese -2- figures are not accurate, and that the bequest to the Objectors should be increased by the additional assets enumerated aforesaid and not accounted for by the accountant, as well as the assets allegedly transferred into· names other than the residuary legatees within two years prior to tpe death of the decedent. 7. The claim in the account for the sum of $1,000.00 as a family exemption to Bernice Sala, is improper and contrary to the agreement of the heirs that there would not be claimed by Bernice Sala any such figure, but that such amount was only for the purposes of a "tax gimmickm. Further, objection is made to the exemption because there was no Petition for Exemption <--~ filed in accordance with the provisions of Section 12, Rule 1, of the Orphans' Court Rules as promulgated by the Supreme Court of Pennsylvania. Court to: s·. The Objectants herein therefore request your Honorab]e (a) Require the accountant to add to the assets all of the personal property of the decedent as hereinbefore enumerated, which have not .been r ~ p .o r~_t ed by the accountant, and (b) To surcharge the accountant for all loss sustained by the residuary legatees, and (c) To require the accountant to add to the assets all funds allegedly transf~rred on January 31, l969l~to John Wojnar and funds allegedly trans- ferred on August 1, 1969 to Charles Sala, Carol Ann Sala, Debra Sala, and Kenneth Sala; and to require the accountant to add the sums represented thereby to the balance for distribution to the residuary legatees, and -3- I (d) To require the accountant to furnish to the Objectants copies of the signature cards for all accounts in decedent's name with any bank; all withdrawal slips from any bank by the decedent or by one acting on his behalf from July l, 1968 to October 15, 1969 inclusive; photostatic copies of all checks issued to any party from the proceeds of any withdrawal; photostatic copies of the record of any purchase of any saving certificates or any other securities from the proceeds of any withdrawal in the names of Joe Sala, Bernice Sala, Charlotte Szerszen, Stanley Szerszen, Jeannette Bury, Andy Bury, John Wojnar, Helen Wojnar, Charles Sala, Carol Ann Sala, Debra Sala, Kenneth Sala; and a photostatic copy of the ledger sheet for any and all accounts in the name of the decedent in any bank or other institution, and (e) To disallow to the accountant the ~urn of $1,000.00 as claimed for a family exemption, and (f) To provide and supply to the Objectants a copy of the inventory of the corite~ts of the safety deposit box in the name of the decedent at the Mellon National Bank and Trust Company, Donora Office, and -4- ...... (g) Such other remedies as the Court may deem necessary or as the exigencies of the situation may requ1re. -5- .-·n '· COMMONWEALTH OF PENNSYLVANIA ~ COUNTY OF WASHINGTON ) SS: CHARLOTTE SZERSZEN and JEANNETTE BURY, being duly sworn according to law depose and say that they are the residuary legatees of the deceased along with BERNICE SALA; that the Objections above set forth are not filed for the purpose of delay, but because it is believed that they raise proper questions regarding the assets and liabilities of decedent's estate and the balance available for distribution to the parties fairly entitled thereto, and in order to prevent injustice in the administration and distribution Of decedent's estate. Sworn and subscribed before me this 1c2--[ day of~ ' 1970. Notary Public My Commission Expires: MARIEM M. NEIL, Notary Public CALIFORNIA, WASHINGTON CO., PA. My Commission expires July 14._1973 -6- :,--""(~~. .,.,._~:~.';~""'~· .' ~- .. ,. ... ~ ·_._&·~. . . ~. . ~ ' :~~-· ' r ':---~ l~ ~ ~ ';, . . . ·n:: .. ,..,,._i.-•t.-:: l I ~ r j I, , L . t'. l C·''" ·=t .. r . -~-" ~-- " t: " 1 i r I J .! i I .! I i .L l-f I 'I j ! • ! l ·:r~ ~/ ·+ 1 •• ' • _ .. _. ; . • _t· ·~ ~- .• -~ : ~~--~ _. ,•c,• f"' r .,.· !\ .. ... ~· ,.l ·• ... r>,.,,_,, , .. ,• ... . ,_ ~-=-.. ~ IN '±HK COURT OF '·COMMON "PLEAS bt WASl-IINGTON 'COuNTY.' 'PENNA·. ' . ... .. . ... I . . . .. ··--........ ,_ .. : .· .ORPHANS-~coURT: DIVISION. :-. NO~ ·.63J6·g~ i2o7 .. .. ·-' . '. ;;.• ~ IN •RE..:- ' .. • . ;· ]!. :2-":.# . ~-.. -. ,, ' ESTATE OE. . ANTHONY WQJNl\R; a/k/a ANTONI .WOJNAR, ··~f . } .. .' ·. ''"';.! •. ·._, \· Deceased. ,''" .)>' ~-•. ;,._ 1_,; . ..'.i;_ ..... -~. ·.-• -' • ~. ·.'· ••••• :,., < •,. <:' ,," ·,..., ~.w-. ~ ._ .. · . • -·. ·"" . . . --' :·; > c -· .• ~l·'J'---.,;-;\ .". ·PET:TTT0N. FOR FAM·IL;'l: ,E·XEMPTI ~;~--~ ... ~·~·{~-'~""~-~J ··:--.r:-;,·~ :"~'-'! :.,·. ·· .... r.··::-·· .. ii,-t~;.:-:<:·-_,_:~:.''·,·-:-.7 :.';,.,:. .~-~; "; : UNDERili~§2~llL;i0F·. :THE':P.L:Ohl€-"LA•RI' •'. . ' ~ ••. -•. -. !;...";-:.-;:;· .• : .•· ., . ,. ' • ., -·"" --.. -~:....=,: -.:-.,-j(l'"..-..·'~-~""F.~~"!'"'f;....-.,. ,., ·,·c:~€m'''B'F 1!4]! 9'4g-:~As"'"i\MENDEfn'·'·~': "~~·;::~::t·~:;"''";~,,:~,./·:i.·tn'}:~ :···.:·;~~~~--··-;-~~~·:'~!-·' . l'C ~'i'n(:~ J\ · •. · ~ z -·:!_ :--:; ·~.' ~ . ~-·~-~= M'' · 2o·~ ' ..._ ._1;i _'_.,l .... . • i. . .. (") <::::. _?_':: . : ... 11·~~~ . 0 :.':::. ,d ., .. ~ .. ,..... .. ~ .~ -~ ~ _;, .. r-c; :-~ l>-(J) ~._· __ ·,~·-. . -. ~~··l· .)~_-.·. < ,· •• ·; ~ ~-\ :· ' ~;;· ~-~>. \ ---:..t· ""!l __ ,. .......... \!,. -~ :r,....:J -.:.1 r;·:t ~'¥P'7 t~'"""'~ ~ ANb .BAR:NA. <?;- •· ~- • -1 ,, ' .... ~: '' §E~:~'~;;~c~i~~:~·•v:t<;o ,\' ~-· · I h3 ~ ~·,~---II .. :qi;_ .; . 1 I . I I ·1_·_,. ;_" ·: .. . ~ ~ '• . " J;;•;;:i~ir,J~;~~}:-~:-~~~,~-~1~!~~~;;;.;~·;·<~-_ \·' -;~~~-::~~!--~~~---~ ·'"" _,_.· .. .,.:, . ' I I -l +· (· ~ ~ . ~ .1 . .. ' ·. "/ .. . ,.; ·-~~; ... ~ .... .,.· .. :, .... IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ) ESTATE OF ANTHONY WOJNAR, ) a/k/a ANTONI WOJNAR, ) ) Deceased. ) NO. 63-69-1207 PETITION FOR FAMILY EXEMPTION UNDER SECTION 211 OF THE FIDUCIARIES ACT OF 1949 AS AMENDED TO THE HONORABLE P. V. MARINO: Your petitioner, Bernice Sala, respectfully represents: 1. That the decedent, Anthony Wojnar, a/k/a Antoni Wojnar, who had his residence at 643 Sixth Street in the Borough of Donora, Washington County, Pennsylvania, died on October 14, 1969, at the Montefiore Hospital in Pittsburgh, Pennsylvania. 2. That the decedent's wife, Anna K. Wojnar, pre-deceased decedent, having died on December 8, 1951. 3. That your petitioner is a surviving daughter of the. decedent and resided in the same household as the decedent at 643 Sixth Street, Donora, Pennsylvania, and had lived there for 39 years prior to the decedent's death. 4. Your petitioner is also the Executrix of the decedent's estate, having been appointed by the Register of Wills on October 23, 1969. 5. That the other heirs in decedent's Will are Charlotte Szerszen of 23 Elm Street, Monessen, Westmoreland County, Penn- sylvania, and Jeannette Bury, Route 88, Roscoe, Washington County Pennsylvania, neither of whom were members of the same household as the decedent at th~ date of his death. 6. The balance for distribution as shown by the Account of the decedent's estate consists as follows: Cash. . . . . Real Estate . . . $1,105.47 . . . 6,500.00 7. Your petitioner claimed the Family Exemption in the Account filed in the above case, to which Exceptions were taken and filed by Charlotte Szerszen and Jeannette Bury. Therefore, this Petition is filed. WHEREFORE, your petitioner, Bernice Sala, prays this Court to confirm the granting of the Family Exemption by the Executrix, Bernice Sala, to Bernice Sala. Petitioner 2. COMMONWEALTH OF PENNSYLVANIA ) ) ss :. COUNTY OF WASHINGTON ) PERSONALLY beforere, the undersigned authority, appeared BERNICE SALA, who, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct. Sworn to and subscribed before me this /~ day of September, A.D., 1970. ~~a/rr.a/ IJlrn-er.<:.L .. / Notary Public My commission expires: . . . 't.lll' .. (SEAL) . IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ) ESTATE OF ANTHONY WOJNAR, · ) a/k/a ANTONI WOJNAR, ) ) Deceased. ) NO. 63-69-1207 AND NOW, September /j1 , 1970, upon consideration of the annexed Petition, it is hereby ORDERED AND DECREED that the Family Exemption heretofore granted by the Executrix to Bernice Sala is affirmed. ,. ' . . . , ' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ) ANTHONY WOJNAR, a/k/a ) NO. 63-69-1207 ANTONI WOJNAR ESTATE, ) ) Deceased. ) 0 R DE R ----- r;~ I AND NOW, san~ary-,. / , 1971, it is hereby ORDERED AND DECREED that the /£~··day of March, 1971, at / ¢..~~ I / o'clock, ~.M., is the time set for hearing on the Objections to Account filed by Oliver N. Hormell, Esq., on behalf of his clients. Judge/ '· \ \ i'. \ \ \ ,. I ·~.,, ,. ,~;..,,. 1:·· ' ... .. ,~· ~~~ '• 'l ..... ~.-: ·, . .,. IN THE . COuRT OF COMMON PLEAS OF 'wASHINGTON COuNTY~, J:P~NNA·. ORPH4NS ' ."COURT_: ·P~YJ.~.I9~.· . NO. 63-69-1207 : ... IN RE: ·.fi.~·~ .. ·.·.·· .. . ESTATE OF AN:'ffi0NY;.· WOJNl\R a/k/ a ANTONT +woJNA.R', ",,.,.._.:.:.> D~~~.e~sed . ..:_ .,:· ~-,,~ ..;...;..··~---o·:,R ,D:.: .. ~,.:~·~:~~ .. ~~:J~i{ ( t"-..... ~ ~.~ '· ~N} $ _, . :·~"·:~.·. -·m.·...Q (no<= ::r: -(l) .,_ (I> •. .., ~ --i ;:;, t;) rn ;-:--~· ::::0 r-OO·· :z::,~ 0 .,-:; .... 0 ..... ~ ~ : F _, -o·r-:Z:. )> '(/).· <::> ..........__:·· .;g . c:t::1 ,-.. rrJ ·'tJ·. !=' ·::.:( LN c.rf' .t..M. ~· ~J B,t.>..RNAAND E3ARNA · ATT~RNEY~ AT LAW SEVENTH AN ci M~KEAN~AVEN u E DONORA, PA . . 4·~~ J e:-it.J--·y{.. c- ~ ' . ·.,. ··..-· \ . ~ ·,··· 'ii ~ ::-¥,; ·' _·) ' .. ~ .. : -~ -~. J ·~. I \, . (~ ' '! •,- . 'i I ~ • ., ',· ': -~:e' ',:.· ,<.' .. ;' .~:. . COMMONWEALTH. OF·· PENNA. DEPT. : OF' ';REVENUE. BUREAu. o:F ·co;~ ·_cOLLECTIONS CO • OF :·WASHTN~TON E'STATE. :oF:·- ANTHONY WOJ~AR~ . ,a/k/ a 'ANTON~C WOJNAR, . Dec~asE:!d ~. ·. ' ._.·: ..... , ;::;· SUPPLEMENTAL-REPORT-OF ADDITtbNAi ASSET:S,'FO:R: INilER~i ··. : .. ~--~'h:'-.' :. . .:.;:_ ·._. . •! ~---·.\ .• ~·-·.,. '~-;:.-; :.?-.->· ·, TANGE '.TAX'.~PURPOSES . ·'>.;. .' . -. ' . -. '· ·-. ~. .• . ·. . ' . . .... ...... n~ /~. ::E ;Q. ... --.1 t""-) ,.._, ....... ":"', '., -p-p1'::o,: cr>G?c .....--(}1 ::::: (/> u~ .:z, ~_:..; rr1 ~' n-: ~ ...-'i • ;;r·: 0 ~1 z-. -n ~, .• c:">·. "';~ -o~-~ ~ r= z --o.r o 1:> (f) . . ... ·- ;::::r-· -o ;:o :;::::> "-.:1' -........ !""' --·"'~ ~---~-· f ·'"\."'''!>' 1 ' l~ . r,:::-... t...> .. -l.· BARNA ~r-ID .BARNA ATTC:RNEYS AT LAW SEVEN.TH AND. McKE,AN AVENUE . DONORA, PA • ' ... , ~., •'. '· ,· '~· \ ·, ,• _r\ ··• ;_ ,t· __ "-!_ -~~:___ ,,,' .. }.;' ,,i, ~::.:~i ~::[ -~ :_J..:.t.~.J~J-~d-~:~~~~~~-.\+•:aMitr:w...fl~~-· ---:ltiJ.~,~ -, :·~L~:_'"_-· .... 41''•·'•* "".:. ' . '• •' ... t_;',· -~-~ ~ .. .:-! L -~ ... '• ~" .. , . : ..;: ·.· ;:,:: • .. -.' • . . ~ • _jq ~~ ... -~~~.ijlol,.,.. ...>:llr~'lf~J..lr', . -~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS COUNTY OF WASHINGTON ESTATE OF: ANTHONY WOJNAR, a/k/a ANTONI WOJNAR, Deceased. SUPPLEMENTAL REPORT OF ADDITIONAL ASSETS FOR INHERITANCE TAX PURPOSES SCHEDULE "B" -PERSONAL PROPERTY Furniture: Black & white television, one-half . Refrigerator . . . . . . . Electric range . . . . . . Gas range, valueless .... Washing machine, valueless . 2 bedroom suites @ $20.00. Rugs . . • . . . . . . . . . Desk and chair . . . . . . . . . . . • • . . . . $ 2. 50 10.00 20.00 0.00 0.00 40.00 20.00 Living room suite, coffee table, 2 end tables. 10.00 25.00 25.00 Dining room suite. . . . . .. Hall tree. . . . . . ........... . Dining room mirror . SCHEDULE "C" -TRANSFERS 3.00 7.00 $162.50 Transfer of 1948 Dodge sedan to grandson, Charles Sala . $25.00 * * * COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF WASHJ;NGT,ON ) _ I, BERNICE SALA, do hereby certify that to the best of my knowledge and belief, the foregoing is a list of the supplement 1 assets to be included in the above decedent's estate. Sworn to and subscribed before m~--·_, (. 7_4 day of April, 1972. ·~/~· · /:: -., -. --_ . ,_ Notary Public My commission expires: ' ~~ > "' STEPHANA NONACK, Notary Public Donora, Washington t;aunty, Pa. My Commission ~xpires Jan. 29, 1973 / .. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA. ORPHANS' COURT DNISION INRE: ( } Estate of ( ) No. 1207 of 1969 ANTHONY WOJNAR, ( ) Deceased. ( ' " ADJUDICATION Marino, J. February /f, 1972. The Executrix of decedent's estate, Bernice Sala, filed her First and Final Account and two of her sisters, Charlotte Szerszen and Jeannette Bury, residuary legatees, have filed objections to the said account. The issues in this case may be divided into two categories. It is asserted by the objectants that there has been a failure on the part of the Executrix to include certain assets in the estate which belonged to the decedent at the time of his death. The second claim of the objectants'is that certain transfers of money and securities were made prior to the death of the decedent and that such inter vivos gifts were not valid and should be made part of the residuary estate. The objectants claim that the Executrix should have included in the inventory an old automobile, furniture which was in decedent's home, and also a check in the amount of $1,000.00 which ultimately came into the possession of Joseph Sala, son-in-law of decedent and husband of the Executrb·. The automobile in question was a 1948 Dodge sedan which was originally titled in decedent's name on May 17, 1949. About Easter of 1969, the decedent signed his name to the Certificate of Title of said automobile and gave the certificate to his gran~son, Charles Sala, telling him that he was giving this automobile to him. Charles, who was a minor, went to a notary public to have the title transferred to himself but the notary refused to complete the assignment·as she insisted that title should vest in the name of an adult individual and not a minor. Charles kept the title to the car, without ·' transferring same, and thereafter used the automobile at his leisure. It was . . ~ *::. f - not until after decedent's death that the mother of Charles went to the notary ' . ~ • t and had the assignment COrt:J.pleted and made application for a new Certificate of Title in·her own name, as she had made arrangements with her son, Charlep, for the purchase of another .car and she would keep title to the old car. The j matter,:of the gift of the car to Charles was testified to by several witnesses including John Wojnar, Mary Francis, and Rose Mary Resovich. The hand- writing of the decedent on the Certificate of Title is not disputed by anyone. Objectants aver that there is not sufficient evidence to show that the car was actually given to the grandson by the decedent. They claim that it is not properly supported by a Certificate of Title in the grandson's name. It was held in Kump vs. State Auto Insurance Association, 35 D. & C. 2d, 238 (1965), by Judge Sheely of Adams County, that a Certificate of Title is not an absolute warrant of ownership or muniment of title as usually understood in the law, although it may be relevant evidence in establishing the title. See also Judge Keller's Opinion in Braham & Co. vs. Steinard-Hannon Motor Co., 97 Pa. Superior Ct. 19 (1929); and Weigelt vs. Factors Credit Corp., 174 Pa. Superior Ct. 400 (1953). These cases point out that the primary purpose of registering a car is to protect the public against theft of automobiles, etc. In the latter case, title to an automobile was taken in the name of a father although it belonged actually to an eighteen-year-old son. The Court held that the son was the lawful owner of the automobile in spite of the fact that it -2- was registered in the name of the father. We believe that the various cases in Pennsylvania indicate that a Certificate of Title does not constitute more than some evidence of ownership of an automobile. A recent case in point is Summers Estate, 424 Pa. 195 (1967). In said case it was argued that no ownership can exist in one who does not hold a Certificate of Title. The Court· said: rrThis argument is without merit. The mere fact that The Vehicle Code was violated by not placing title in Patton's name per se does not render void the transaction between Patton and Summers so as to result in ownership of the Cadillac being in Summers. Although an indicium of ownership, a certificate of title is not conclusive evidence of ownership of a motor vehicle but rather establishes the person entitled to possession: (citing cases}. 11 Hence we are persuaded that the decedent fully intended that titLe be transferred to his grandson and that the only reason for not doing so was th ~ attitude of the notary public that a minor should not own a car. We believe that this car was validly presented to the grandson by the decedent when he gave him the executed Certificate of Title and told him to proceed with the transfer. We do not here approve of the action of Mrs. Sala and her son on February 25, 1970, about four months after the death of decedent, in having this title transferred to Mrs. Sala without a prior transfer to her son. We realize that she was taking a short cut in order to save money and expenses but we do not approve of this being done· instead of following the directions of The Vehicle Code, which requires two transfers in such a situation rather than ohe. However, this Court has no jurisdiction over that matter. We are ) interested. only in whether or not the decedent retained title to this car, simplj because a transfer of title had not been made at the time of his death. It may be noted that the value of this old automobile was fixed by credible testimony at the sum of $25.00. -3- The next matter which the objectants bring to our attention is the failure of the Executrix to include in her inventory and account the value of the furniture in the home of the decedent. We must remember that the Executrix and her family were living in the same home and taking care of the decedent for quite some time before his death. Hence it is apparent that the Executrix was duty bound to return the value of any furniture in the home which belonged exclusively to the decedent, and not her furniture. The testimony indicates that the Executrix offered to let the other members of the family take whatever they .might wish of said furniture but that none of them had availed themselves of this privilege. This offer was made at the time of the reading of the will, and subsequently by letter to the attorney for the objectants. One of the objectants, at the hearing where testimony was receiv~ d, offered to buy all the furniture in the house for the sum of $500. However, this was to include the furniture belonging exclusively to Mrs. Sala and her family. The witness declared that she wanted everything in the house as she felt that all of the furniture belonged to her father since it was in his home at the time of his death. The Executrix described the furniture which remained in decedent's home at the time of his death, its condition, and what items in the home were purchased by.the. decedent and by her. It is plainly evident: to the, Court that th~.objectants having failed to avail themselves of the opportunijy to a~quire this furniture without cost, that it is of little value. Nevertheless the Executrix in her testimony did place a value on said furniture which ' . . ·. belonged to the decedent and she has proposed to include the value thereof in a Supplemental Inventory and Appraisement and in a Supplemental Audit Petition The Court is inclined to permit her to do this. The objectants also claimed that the amount of cash found on decedent's premises and in his safety deposit box was far from the actual -4- amount realized. The amount returned by the Executrix in the inventory was $319.40. However, objectants adduced no testimony to show that" there was any other cash in the possession of the decedent or that he had any other mone in his safety deposit box or elsewhere. It is now settled beyond question that the burden of proof that there is property of the decedent other than that mentioned in the inventory is on him who claims that there is such property. The burden is upon the party so· claiming to show first of all that the omitted • property was the property of the testator, and next that the property so held b:y the testator was not accounted for. As has been stated, there is no proof . ' whatever by the objectaqts in this respect. This objection is likewise dismissEd • . . The pext item which the objectants claim should have been included in the inventory was a check for $1,000 which ultimately became the property of his son-in-law, Joseph Sala. The testimony indicates that on December 27, 1968, a withdrawal check signed by the decedent in the sum of $1, 000 was mad P payable to Joseph Sala. The reason for making such a check was the fact that Joseph and his wife, Bernice, were contemplating the purchase of a new car to replace the old 1953 DeSoto automobile then owned. Decedent had expressed his desire to make a contribution toward the purchase of this car as the car ha been used by the owners in transporting him to and from doctors 1 offices, hospitals, and so forth, where he had received more than 60 cobalt treatments for health purposes. There was no dispute as to the genuineness of decedent1s signature to the check. There was no claim that the same was procured by fraud or similar actions. Objectants aver that an examination of the withdraw;: 1 check originally signed by the decedent indicates that the handwriting on same was not that of the decedent. However, we have only the statement to support that theory; there is absolutely no testimony in the record to show that the si<gnature on the withdrawal check is not that of the decedent. We believe that -5- the testimony clearly supports the fact that this gift was made for the purpose of aiding Joseph Sala in the purchase of a car to take the place of the old 1953 DeSoto.· ' Obj ectants lastly assert that the gffts of money made by the decedent prior to his death were not validly shown to be proper inter vivos gifts, as the intention of the decedent to make such gifts was not properly shown by the testimony. The matter came about as follows. On January 31, 1969, a check was issued in the amount of $7,000 to Bernice Sala by decedent. Pursuant to the instructions on this withdrawal check, there were issued by the bank, four cashier's checks. One of these checks was made payable to Charlotte Szerszen and .Stanley Szerszen. It was in the amount of $2,000. . Objectants concede that this gift was properly made and was received by the objectants named. Another cashier's check in the same amount of $2,000 was made payable to Jeannette Bury and Andrew Bury and it is again conceded that the said monies were received by the Bury's. There was also a check made payable to Bernice Sala and her husband, Joseph, in the same amount, $2,000. And it is conceded that this amount was received by Mr. and Mrs. Sala. The argument revolves about the remaining$1, 000 which originally was to have beep. paid to John Wojnar and Helen Wojnar. The check to John Wojnar was not rec.eived by him because he was not immediately available and it was directed that the money be placed in Bernice Sala's account pending the disposition of ~arne. Later, the said sum of $1,000 was given to her brother by the Executr* and hence the gift to him was cxnr:pleted. The last matter objected to was the gift to the grandchildren of the decedent. On or about August 1, 1969, a withdrawal check was signed by the decedent in the amount of $4,000. His signature on same is not disputed. On the instructions of the decedent this money was to be divided -equally among -6- ' ' the foutt·\children of Mrs. Sala. She ordered from the bank United States Government rrErr Bonds to be issued to the grandchildren. Each grandchild would receive a $1,000 bond, three $100 bonds, one $25 bond, and some cash which would make up the difference of the $1,000 purchase price of the bonds. The said bonds were received by Mrs. Sala and each child's bonds and cash were placed in separate envelopes. The testimony is undisputed that the conversation between the decedent and the grandchildren was to the effect that he was making a gift of the contents of the envelope to them and he delivered each envelope to each grandchild personally. There is no dispute as to the intention of the decedent in placing these envelopes in the hands of the grand- children, all of whom had resided there in the home with him for many years. The obj ectants make an issue of the fact that the Executrix had not been !Specifically directed to make the disposition of these funds in the manner that she did prior to delivery by the decedent. Conceding, for the purposes of . rrgument, that she had not specifically followed decedent's instructions on the banner of withdrawal of these funds from his account, after the same had been Lcomplished, the decedent undoubtediy ratified all of these actions when he las satisfied to deliver the envelopes containing the bonds and cash to each of p.is grandchildren. The ultimate act of delivery is the important part of the procedure of r:r{aking an effective inter vivos gift. If the decedent himself, oluntarily and knowingly makes delivery of the securities and the money, it r.an hardly be argued that he did not intend to do just what he did. ' . :,The Court feels that. each arid ·every of the gifts made by the ~~ecedent are proper, valid, ls such. · inter vivos gifts, and they must be recognized ·~ . ' -7- We hold that the objectants did not sustain by proper testimony any of their objections to the account with the exception of the matter of the furniture; and even though it might appear that this furniture would have no real market value, the Executrix has been willing to place a value on the various items of furniture described which belonged to the decedent, even though some of the objectants refused to accept the items of furniture free of charge. The Court therefore dismisses all the objections which have been filed and we will permit the Executrix, as stated, to file a Supplemental Inventory and Appraisement to include these items and a Supplemental Audit Petition to indicate the disposition of same. y e Court, f . r _t_[ fvr~~. VI . . '-/J . ·. I ' . -8- b ~.3-~9-/)07 J\ffi~auit ®f fExrrutnr ®r l\bmiutstratnr ~tate nf Jruu.ayluuuiu } C!tnuuty nf lla.a4iugtnu .a.a: ') Personally before me, the undersigned authority, a ........ N9.t9X:Y ... f'Y..bli.c. .. in and for said County and State, appeared ........ Be.rni.ce. .. .Sala .................................................... who, being duly sworn according to law, deposes and say_g th:tt f ~ . is the e~ecutor ::&K~ of the es- tate of ~~-~h9.DY. .. .W9J.D9.~ ... 9./k/.~ ..... ~.~-?Jleceas~J, 'f\'1lit the foregoing schedules constitute a complete inventory and appraisement of the real and personal estate of .Antl19.D.Y-... W.Qj:0.9!' ....... , 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 a:praisement ~f each item m~de }{it above named Executor ~MXIKX Srn and subscnbed before me this .. . . .. ........ } f · , / / March ~9 71 0~ . .)-?.'~ ......................... . ... :...... ................. ... ... .. ........ ExecutoN~:dX!liml!dxab!K I .-,~;~~;\~-::~~~J~::~ .. i::Jiity .. p.:. .. .; .... , ......................... .. My commUun Expire; ADDITIONAL INSTRUCTIONS Jan. 29, 1973 1. 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 Oopies and 2 RCRI-33, Over $10,000, including Copy of Will; 1 Original and 3 Copies and 2 RCRI-33, Over $50,000, in- cluding Copy of Will and copy of Federal Estate Tax Return. REFERENCE FOR ADDITIONAL COPY Act of 1947 P.L. 513 Sec. 5.2, 72 P.S. 4844.2 SUPPLEMENTAL 3Juu.rutnry UUll 1\pprai.atmtut of the goods and chattels, rights and credits which were of .Antho.ny ... W.ojna:t: ... a./.k/:a ... ~~-~~~-~--~~~ j ~a-~ ...... :O.onox.a . ., .... :r..enn.sylv.ania ............. .. Washington County, Pa., taken and made in conformity with the above affidavit. PERSONAL PROPERTY 5. Furniture: Black & white television, $5.00 or one-half Refrigerator Electric range Gas range, valueless Washing machine, valueless 2 bedroom suites @ $20.00 Rugs Desk and chair Living room suite, coffee table, 2 end tables Dining room suite Hall tree Diaiagxxsamxm±xxsx Dining room mirror DOLLARS CENTS 2 50 10 00 20 00 0 00 0 00 40 00 20 00 10 00 25 00 25 00 3 00 $155.50 7 00 $162! 50 ' ,, . ., .. } , I ;, !' 'J . \. ... .1 . ~ . --'"".,._--1 \ .r· . '. ; -· ) -• .1. • '1 ). ) ) '' . .• r) .. -: ' · .. ~ ) ~~··· •,; '{'' -~~ "1 ... :·,- ·! l \. ~E 'i~ I) ·-, /" tt ... ·' -• " 7, L__ /· , I ·i I , I I I I I ! I ! I l I ! I I I ! ' i i I I ! ! I i : I I I l I l i I ! t I I I I I i j l ',., ,;;., -~ ", .... '• ,. ,, .. ~J ., .. •' I ·~ ·} .. ;._·. 0 _;~ 'IN THE . COURT. OF COMMON PLEAS OF WASHINGT.ON COUNTY,. PENNA·~ ORPHANS'· COURT DIVTSION NO.' 63-.69-1.20:7 .. IN RE: ESTATE .OF ANTHONY WOJNAR, a/k/a ANTONI WOJNAR, Deceased. -·:·- ... I ;. " S~P~~t1~~T !9:~UDIT · ,. ·PEThTION . . . 1---·.-··--:-~ ----·:---. -.---·-·-- ~;::;::J >m;o tnoc: ---(/) ::: (./') (l' z-! rn -~ ~ ~-: 00 .z: 71 ·:;;;; ~ , ..... ~-,h-. ...... ~ --t 0 j'iic ~ ..... .: r% -or-<".::> >en : ... ~ ·:--.., c._ ·-:'i:: :··,)· ..c::.::> ,;J::;:.o =:: ~::)::'J .. __ ~-~ .... __ ..,_.....,_,. ?-.... -·"'-. -·~--.:::it';.._ . ---.. ~· -~;--*~i,_ rr·~ ' t; !_ ,. c..o .... ~-_......,._ \t.:·-- BARNA AND BARNA· ATTORNEYS'AT LAW SEVENTH AND' McKEAN AVENUE DONORA, PA .. ·. :.-·'1; ...... -~ ' .t I "" .... ·,. '· A--,•··'"·' ~-- ,. ___ .; ·• ·, -~ . ·{_::·· • <: "t .- '; .. ~- h ,. r~·~·~ . ' ' . ~-. ' . -. . -·. / '. -J .. :.. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ) ESTATE OF ANTHONY WOJNAR, ) a/k/a ANTONI WOJNAR, ) ) NO. 63-69-1207 Deceased. ) SUPPLEMENT TO AUDIT PETITION AND NOW, comes BERNICE SALA, Executrix in the above estate and prepares the following supplement to the Audit Petition: Balance for distribution per Audit Petition dated September 12, 1970 . . . . . . . .. Additional debits .. Additional credits: Jacqueline Hammond, Transcript of testimony of hearings of objections to Account, March 12, 19, 1971 .... Barna and Barna: Additional fee in regard to hearings on objections to Account; preparation for hearing; and trial memo .... . 1 1/2 days in court; 3/12,19/71 ... . Review of transcript of testimony and pr!=paration of Brief for argument .. Argument . . . . . . . . . . . . . Stephana Nonack, Notary Public fees ... Balance for distribution . . COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF WASHINGTON ) $ 85.40 100.00 150.00 350.00 75.00 3.00 . $ 7,990.62 0.00 $ 7,990.62 763.40 $ 7,227.22 I, BERNICE SALA, do' hereby certify that to the best of my knowledge and belief, the facts set forth in the foregoing Supple- ment to Audit Petition are true and correct. Sworn:to and subscribed before. me this t tf day of April, 1972. ~L .. /~ lin tqt (@rpqans' Qlnurt nf lla.aqiugtnn Qlnuuty In the matter of the Audit of Account in Estate of. ..... ANTO.NI. ... J ....... WQJ.NAR.,. ................... .. 63-69-1207 No ................. , ............................................ , 19 ............ , A.A . ......................... !:?.~.~~-~-~-~ .... ~-~-~~-'--... ~.~~-~-~-~E~-~ TO THE AUDITING JUDGE: Enter .................... ffiY ......................... appearance for .......... , .. C.h,g.:r.J..Q.t.:t!.~ .... .$..~g.:r.~.~-~~-................. 9.:n.4. ............................... . ........... J.e.ann.e.tt.e .... B.ur.Y. ........................................................................... , ........................................................................................... . 69-152 70 ................ day of ................................................................. 19 .......... .. N.B.~Counsel shall, by separate paper, present a concise statement of each claim, with supporting calculation of any interest claimed. Objections to an account as filed, shaH be concisely stated in a separate paper Counsel suggesting proper distribution shall file a separate concise statement in that regard. J •_,..; 'l .. / No ................. , .03 .. ~ .... 6.9~ .... 12.07. ... , 19 ............ , A.A. In re Audit of Account in Estate of ............. A.N~Q.NI ... !l..~ .... W.O.JN.AR. ................................. .. Bernice Sala, Executrix ....................................................................................................................... AUDIT Jrnrript fnr j\pprnrnnrr FOR ~"""~ ... • t --...l c:::> -~~ ~;:J;n .,_.. ............. _ .. _g_h~-~-~~----$.-~-~~-~~~--------................ . ~(0(/) tn ................. Je.a~e¢t;~----Bur:~ ....... ,:::::J ................... .. -4 ;tJ ;-' ................................... ~~--~---~;:;.·------------~-----------------··················· ""\:."'" --0-c.::....-t --...................................... p ... :::: .... :;, ................. ~ ...................................... . -r -.-:-. -o I 0 -................................ ~ .. -~---------------------,.&:: ............................... .. ~2 lin tqr ®rpqansf <trnurt nf lla.aqingtnn <trnunty In the matter of the Audit of Account in Estate of ANTHONY WOJNAR a /k I a No._....:o..63.::....-;-69-1207 , 19 __ , A.A. ANTONI WOJNAR TO THE AUDITING JUDGE: Enter our appearance for Bernice Sala, Executrix of the Estate of Anthony Wojnar a/k/a Antoni Wojnar By . fi] . Cl,vw"' I :taBA=E ~ 14th day of ~tember = N. B.-Counsel shall, by separate paper, present a concise statement of each claim, with supporting calculation of any interest claimed. Objections to an account as filed, shall be concisely stated in a separate paper. Council suggesting proper distribution shall file a separate concise state- ment in that regard. ' 19_IQ_ J "' \ .•. / No. · 63-69-1207 , 19 __ , A.A. In re Audit of Account in Estate of ANTHONY WOJNAR a/k/a ANTONI WOJNAR AUDIT Jrnrripr fur ~ppraraurr FOR BERNICE SALA. Executrix of the Estate of Anthony Wojnar, a/k/a Antoni Wojnar ·v.d ··o:J NOL~NIHSViA S Yll/.', :: 0 d =J l S ! ~ 3 'J o ~~ ~ ·, l (I , ; • i ·~ 3 :: {; n ~ Barna _and_Barna L£ E Ud Ll ~nr 7.L ==~~==~~~2====~~ Attorney : Q .:.I ·; ' I i I -, PETITION SUR AUDIT Testate Form j IN THE ORPHANS' COURT OF WASHINGTON COUNTY No ............ 63.~6.9.~l20.7. _______________________________ A. A. Fiduciary ..... ~~;l;'_:n;i,._c_~ ___ S.ala., ... E.xe.c.u.trix ..... . Deceased Date of Date of Decedent's death ...... 9.~-~-<?.!?.~-~--J~.? .. J-.~§-~--------------------Grant of Leltters ______ Q~:I;_Qb.e.r .. .23.~ .. l9.6.9 ____________________ _ This is the .... -~~E~-~---~-~~---f.J~~J ................................... account filed in this estate If there have been former accounts filed in this estate, list file number or number and term .... -------------------------------- None Election to take Date Election Place of; Under or~~~ill. (cross out one) Filed ----------------------------------Record ------------------------------ Name of surviving spouse ..... N.C?.~~--------------------------------------------------------------------------------------------------------------------------------· List issue, where material: Did decedent marry after execution of will? (indicate) ~~No. Any children born after execution of will? (indicate) ~-No. If answer yes, name them ..... ~~---------------------------------------------------------------------------------------------------------------: _________ _ Leg.atees Relationship Interest Fiduciary, if deceased or not sui juris Bernice Sala Daughter Real estate & 1/3 residue Charlotte Szerszen Daughter 1/3 residue Jeanette Bury Daughter 1/3 residue List, if exceptions to above: Adeemed: Revoked: Lapsed: Abated: Give Cause: None If partial intestacy, give facts: None 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 tlie filing of the account and of call of audit? 'Mlxx No. If any exception give cause: .. At.tox:ne.}l ... Rox:me.ll __ :r;_epresents heirs entitled to notice filed Exceptions to Account and has knowledge of audit. · File copy of Not1ce _ . and date of mailing ............................................................................................................... ,, ...•... ,.,, .. ,,,,.,.,,,., ...... , .. ,,, .. . .c.-··~ If-Family Exemption claimed by Petition, give place of Record: .. _g_~-~~-~~-~---:!:~---~~-~~~~:t::.? .... ~~-~-~~---~-~---········· Petition filed at same number and term If Family Exemption is claimed at audit, give name, relationship and basis for Claim: ............................................... . List any advancement or distribution on account that has been made, and nature and amount of same: None Suggested distribution of balance shown, both as to principal and income, attaching signed and itemized elections to take in kind if balance is not in cosh: residuary shares being stated in proportions: Bernice Sala, real estate in kind $6,500.00 Bernice Sala, cash residue one-third Charlotte Szerszen, cash residue one-third Jeannette Bury, cash residue one-third 1i COUNTY OF WASHINGTON, SS: COMMONWEALTH OF PENNSYLVANIA. The above named Fiduciary or representative thereof, being duly ............ §!W.9.~IL ............ doth depose and say that the facts set forth in the foregoing petition are true And your petitioner will ever pray, etc. to the best of ......... J::l.~~---·············knowledge and belief . ............ SW..9.~fL ...................... to and subscribed before ::":::.~~~~t~;;;:::;.h;z.::z~~£ v§~/.~---···································· Title of Officer ........................ :NQ.t.9;r;'.Y..J\tl>JJ .. 9. ........ . . . January 29, 1973 Off1ce exp1res ................................................................. . , .......................................................................... ~ ................. '!' !' ...... ~ ........................ '!' ~ ..... ' • ..., -. Is estate subject to the filing of a Federal Estate Tax Return? ______ ~_<?_ _________________________________ :.::::::.::.:: ______________ :_~----_____ _'_ Actual payment made on Pennsylvania Transfer Inheritance Tax. Amount $ ..... N_Qp._E;! _____________________________________________ _ If the Will makes any portion of estate subject t~· a life-estate, giv~ name ~nd birth date of life tenant.N.QU_E;! ___________ _ Give Names and addresses of all unpaid creditors who are legally entitled to notice, together with the amounts of such claims; state whether they are admitted to be correct; and whether the claim is denied. ( 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 adjudication: Balance for distribution per account, Itemize any additional debits not shown by account: m None Total additional debits (Add) Itemize any additional credits not shown by account: Bernice Sala, Executor's commission $605.35 Russell Marino, Pet. Family Exemption 3.00 Russell Marino, Additional Letters 6.50 Total additional credits (Subtract) Balance for distribution $------~-1-~Q.? __ ._~_?. __________ _ $ ____________________ Q_~_Q_Q _____ _ $ _______________ 6.14 .•. 85. _____ _ $ ...... ?..l.9.~_Q_. __ ~-~----------- If balance for distribution is not in cash, list each item held in kind, giving appraised Value (or distribution Value); Real Estate described in Inventory and Election to Take in Kind $6,500.00 .• I• ', ~ -,_ r •-._ ... , .. , ~. ' f ; \ \'-· ~ -"'"" P-¥ No. ______ §}::_~-~:-~.?_9.?. ____________________________ A.A. Estate of ... .ANTRO.NY .. W..OJNAR .. a/kla------ ANTONI WOJNAR Deceased Fiduciary ______ ;e.~:;r;_ui_c.g ___ S9J.a ______________________ _ 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:,pc;:Iragraph b-e; and divisions thereof: shown on pages 23-24. 1. Written praecipes of all Counsel in the 2. 3. 4. 5. 6. 7. 8. 9. 10. case. Copy of order appointing Guardian ad litem, if pe-rtinent. Copy of· Order appointing Trustee ad litem, if P~ttinent. Proof of. service of above. 1\'" Letters Te§tamentary or Administration C. T. A. or;an attest copy of Will. Copy of in'?~ntory and appraisement. Proof of advertisement of grant of letters if not filed~with account. Certificate:;of liens in case any of the funds for distribution are from judicial sale of recil estate. Signed and itemized elections if any distribution~ in kind. Copy of Fgderal Estate fax return if es- tate is subject thereto. !J (.i '&. ... {j ; '~ .ze n __________________ :a_at"na ___ and .. .Barna __________________ _ Attorney .,.,2 ,__ ~ I l r} ~ ! ... ,.. ·• ' ' ' I.--~' , .. ' ?l J \l H ?.1 P ·~·\ 3 3 o RUS3:_:~_;_ ···~'Y:·W r; E G \ ~3 T E ~-, r) ;· \'d ll S V!t>.Sr-\\:4~TON GO .. PA. . ! J ·IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY:-PENNi . ORPHANS' COURT DIVISION IN RE: ESTATE OF No. 1207 of 1969 ANTHONY WOJNAR, a/k/a ) ) ) ) ) ) ) ) ) ~ ANTONI WOJNAR., ~ .J > Ul z z Ill Q. i ~ C) z x Ill ~ ti a: ... Deceased. BEFORE: !!! o APPEARANCES: ~ § 0 :I .., ~ Ill ui a: ~ a: 0 ~ TIME: ~ :I 0 u .J o( ~ THE COURT: ... 0 HEARING ON AUDIT THE -HONORABLE P. VINCENT MARINO, Judge of the said Court. BARNA & BARNA., ESQS., of Donora, Penna., repres.enting the Accountant. OLIVER N. HORMELL, ESQ.~ of California, Pa., rep~esenting ·Eharlotte Szers-zen and Jeannette Bury. Monday~ September 14, 1970, at H3.0 . .~ o'clock P. M., EDST. Number 1207 of 1969, the estate of Anthony Wojnar, deceased. The Executrix is Bernice Sala and the attorneys are Barnc and Barna. Mr• Paul Barna, Jr.? MR. BARNA: Your Honor, in this estate, real estate was left to Bernice Sala and there is an election to take in kind signed by her in the Audit Petition. Oliver Hormell has filed exceptions to the acccunt on behalf of a Charlotte Szerszen and Jeannette Bury. ----~-----------------------------~~--- 2 THE COURT: What is their claim pertaining to? MR. BARNA: It's primarily, well, they first filed an exception to the family exemption claimed by Bernice Sala and we have filed a formal petition with the papers which sets forth the facts of the far ily exemption. Secondly, he feels that certain transactions prior to the decedent's death of gifts were not made by the decedent and should !!: z be included in the Inventory and in the account. Mr. Hormell is here. ~ > ~ I think.he could maybe explain it. z Ill II. .i THE COURT: ~ Mr. Hormell? MR. HORMELL: ·May it please the Court, I appear on behalf of two z 3: CD ; ·. ti . of the.residuary legatees. Charlotte Szers.zen and Jeannette Bury. ii .. CD i5 What·Mr. Barna has said to date is accurate. Involved in_the except'ons .I ct u i5 to the account are the issue of reporting all of the reportable assets :I .., :1: t: 01 in the estate, .a question of the validity of the family exemption and t ai ~ Ill a question of the validity of certain transactions made within two yealrs .. ~ 0 II. Ill prior to the death. of the decedent. I am confident that a hearing will ~ ... ~ :I 0 ·have to ~e had !on this matter to determine these questions offact. u .I ct u I would want the Court to know that some time eith r ii: ... 0 last ~July or August, I had requested certain 'information from Mellor Bank and was advised by them that I could not have this information, except with the consent of the Executrix or with a subpoena. I was able to work out with Mr. Barna an agreement that he would furnish me with the information that I wanted. Among thatinformation being several checks that were drawn. signature cards and soforth. And 3 Mr. Barna gave them tome on the lOth of September;and sent to me dated the 12th, which I received this morning , a copy of the Audit Petition. Immediately upon receiving the data from Mr. Barna, I had it sent to a man who has been retained by my client as a hand- writing expert, and we would have to await the results of his exa:mi- <( nation bef<;:>re I am prepared to tell the Court what the balance of my z <( > ~ position would be. Ul z z Ill II: THE COURT: Do you feel that all of these matters should be brot ght i· 0 ... ~ z up at one he~ring or do you think we will need separate hearings i Ul <( 3 for any of them? .,: 0 i MR. HOR MELL: .. I believe we can probably dispose of them in one ... Ul Q .I <( hearing. With the issue of family exemption, I think that is going to 6 Q , ;:) ., be primarily a qu~stion of law. With the others, the facts may be . ~ 01 ascertained from the same witnesses so I think that we could expedit~ ui a: Ill ... a: 0 the matter if we ha·d the hearing .at one time. II. Ill a: ... THE COURT: So your handwriting expert has to report to you? a: ;:) 0 0 .I MR. HORMELL: Yes, Your Honor. And I would request that this <( 6 ii: ... audit be continued until I receive that report whereupon I will 0 "' . immediately report to yourself and Mr. Barna to see if we can get a date set for the hearing. THE COURT: All right. We will go along with thatprocedure. Were there any other claims, Mr. Barna? MR. BARNA: No, there weren't any. THE-COURT: Is there anyone else in Court interested in this .. e r ...: 0 it .. !!! c -I c( § c :J ., :t ~ "' ~ u ii: ... 0 4 · decedent's estate? ( NO RESPONSE THE COURT: The audit of this account will be ordered .closed~ with the exception of the claims that have been lis ted and· will be heard by the Court at a future date. ( AUDIT CLOSED) ,. . . ~~ forogotna-Rt.lord of tile noceedlng• .upon tila lleariras of the t'-.J:.JG.JJ ... · ~ .l~ ".,l(.' ,_ i !..J I. :I'd '}C t'_) ·.', T \..! ic.r' r ( ··~. ·" ·' ·' -~ ~·. \ ,-·..: ';J ~(' .... r .1 ::.-v {_I) :-1 c .(.,.. ' ; -., \-"'1 0 I "": . '"t"J I .... t'~i J> en ·, .• .,. ~ .r-.J r:. :1 t-::.. .- . ..... ; ....... j :: • .,! (j.',.;.l ,or. ,, ' "· -~ .. e .. ----------------------- • ) ....... __ Jl i,. ~n t4t o.tnurt nf o.tnmmnn Jltas nf l'ns(Jingtnu o.tnuuty, Jtnunylnnuin, ®rp4aua' o.tnurt linininu ESTATE OF .4-\ No. ___ .w.6...J..'=.:06!ot..'9~-::..llo,.!,2....l>Ow7 _____ _ Anthony lnTo jn~r _ a/k,/a In the matter of the---~F~i~r::;~.S-"'t--&enuud~F..Li u.nael Account of Bernice Sal a dee eased. E'xecutr1x ADJUDICATION AND DECREE And now .Inne 2. t , 19-1-2-, this matter came on for hearing, audit and distribution at this session and testimony to en; and thereupon, upon due consideration thereof of the-balance for distribution in the hands of the Accountant is determined to be $ 1 990.62 -and the account is accordingly confirmed; and it is ordered, adjudgea·and decreed that the said balance be paid out by the Accountant in accordance with the schedule :of disribution hereto attached and made part hereof, unless exceptions hereto be filed sec. reg. or an appeal be taken herefrom sec. leg. SCHEDULE OF DISTRIBUTION Balance per account ________________ _ Additional credit asked at a.udit Balance'--------------------- Deduct Clerk's Costs & Receipts and Ad judj catj on AttorneY--------+Bow:aHr'"fn~a'l----t"&~B~a:Hr'"'a:w:a~-------- .. Addition~l credits~- Jacqueline· Hammond, Tra.nscript ·"of Te$timony at hearings, credit to be taken for funds advanced, -. Barna··& Barna; Attorneys 'Fee· itf regard to heB::ing __ of ohje~ti?ns ~n~ a~~u~e?:t Stephana' Nonack, :t;Tota.ry fees, credit to be 675.00 t·ak-en for funds advanced, 3.00 Rtu 9 _ ss~ .. ~l _Ma~~l'lo-!. Ag~nt, _ ~ransf.er inheritance· x, ' $41'9~_56 Interest from 1-14•71 to 7-6-72 28.82 Additional -assets, per supplemental appraisement filed, Ru~sell ·Marino, Clerk o.c., yoats in certifying real estate to Recorder, Olga·p. Woodward,""Recorder, costs recording eer..: tification of real ~state, 31.50 7,959.12 162.50 6,909.84 4.00 6,905,84 .t t' __ · . ; \.. < ! ~ 0 .. '"+'> ~ m .. ::::s z VI n ._.. ..... o· -~ ~ 0 ..... it C· ~ .:::; ::::s CD· ·--+~~ 0 o' 3 -+--+-0 :::+ " C· ' ;::· -:-r .. : ~ ~ CD ., 0 -+-..... :::; = CD "' ~ ~. ~ 4-\ ' ~ ~ ~ r ,. '· I , ,, Bernice Sala, daughter, specific devise of real estate as hereinbelow described, held in kind and distributed as such at the appraised value, Charlotte Szerszen, daught~~' ~~~ r~.sidue, Bernice Sale., daughter, ·1/3 residue, 6,5oo.oo 132.78 132.78 132.78 398.34 No balance NOTE~ Included in 'the· aobve ·reslaue· for distributik>n is.ho~sehold. goods arid· furhi tiii•e ~ hela in 'kiftd""and· dHitributed as ·such ~t the appraised value and in the proportionate shares as set forth t~erein • . ·. REAL ESTATE TO BE CERTIFIED To" THE RECORDER OF ~ASHINGTIDN COUNTY BY THE CLERK OF Trill :oRPHANS' COURT. Db::VISION • > • ., .. ,..... " -• •• •• ~"';' o ., ,, ' ~·• ,~ ~ • ~ -;. ~ ,..,.,. • .r .,,. • •• ,} i~ .. ' .... • '""" r~ • •• ._ .0 • .,..,. ..-" • • • • Anthony Wojnar a/K./a Antoni ·wo]ifr,··~ devisor,· to ·Bernice Sala· · devisee of all"the ·~:rgh"t~ t"itle ana: inte'r'est of thel devisor in and to ~arce1 ()f im- proved real estate described as, VIZ: .. • --· • . .. ~ ..... "' •.. ~. ,. .. • .J.' ...... • . • '.. . • ...~ ....... ··~-• . -~ ~ • • ~ • •• '' ~ • ... -~ ,. .. . .. • ,.,. "' -. -• • • . All that parc~l of land situate in the Borough of Donora, W shingto.n -••• .j • ~ ·-. -.. ..... • •• --~ .... ..... .. ~<I -. ~ • --~ ~ ... County, Pennsy1va.nia, being Lot No. 15 in Bloc·k No~ 36 .. of the rnion ' Imnro:vement·Coml')any's Plan of the ~own of Donora a~ recordt din Plan , . Book, Volume 2, pages_.60 end 61. Ssid lot fronts ~0 feet c n the south slde of Sixth St:raeet and Axtends bee~, preserving ;~he same wi~th, a distance of 150 feet to Poplsr Alley..- EXC~PTING AND RESERVING all the natural gas and oil underly ng the said land, but no wells shall be drilled on the ~ame fo~ either BEING the same lend which Joseph_ Mis~yan, ·.·?y his .Q.e ~d dated August 30, 1?22_,_ and re.corded i~ J)eed .. ~~ok,. ,Yol~me .-.490,: "QB~e B.?O, grer ~ed and conveyed to· Antont Wo ,ina~' and1 Aq.na. ·Wojnar, his wif~. The 1 aid Anna Wojnar .. -..... ,. ~ . \ ' ·~ ~ .: ...... ··~-· ... .. ... .. . . ' . ~ . died_ on pecomber 8, 1951, and the above parcel ves ved in tt e decedent.:- by operation of law. CERTIFIED TO RECORDER: JULY 11, 1972. 31 -----~~( t..O c-<'"l rr· t 0 I~ N r-..... -=::; ·-::> .--.,.1 .~ .... .. 0 _, UJ. 4. _l Q.... ...J 0 .__. .. :-0 r- .JJ \ ~ z ,. l • r ,, .. r '· ·I (' ~ 0 ....... ~ &r 0 '* i (I) 0 ....... ~· .. + ,. M' fa '6' = fa ~· s ' . .. , ~ ·::t ~ ~ ... ' • 1 •• > n n .. 0 ' c ::s -+ 0 ....... r~ . ' ' ., f ~-t ' ·~ r • .. I r ::s '* :r (I) 3 0 :::1: (I) "' 0 ....... -+ :;,- (I) I ) t• • , ....... ' ' z ? , . L ' ., 1-· . ( .... IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ANTHONY WOJNAR, a/k/a ANTONI WOJNAR ESTATE, ) ) ) ) ) Deceased. ) NO. 63-69-1207 BRIEF ON BEHALF OF EXECUTRIX BARNA AND BARNA Attorneys at Law Seventh and McKean Avenue Donora, Pennsylvania 15033 STATEMENT OF THE FACTS Although we do not have the benefit of the Objectants' brief, we believe that the following are the issues that have been raised by the Objections to the Account and the testimony offered in this case:-- I Gift of Automobile to Grandson, Charles Sala II Failure to Include Furniture in Inventory and Account III Dispute as to the Actual Amount of Cash Owned by the Decedent at the Time of his Death and Some Vague Statements that there Should be Some Money in the Safety Deposit Box IV Gift of $1,000 to Spn, John Wojnar v Gift of $1,000 to Son-in-Law, Joseph Sal a c_,_--... --/~ VI Gift of $4,000 to Grandchildren VII Entries into Safety Deposit Box Between Time of Death and Time of Inventory by Inheritance Tax Representative VIII Question of a Proposed Deal Allegedly Made by the Executrix and/or her Husband -----~~--------------------------------------------------------------------,-~ I Gift of Automobile to Grandson, Charles Sala The automobile in question was a 1948 Dodge sedan auto- mobile which was titled on May 17, 1949 (p 28). The undisputed evidence in this case is that about Easter of 1969 the decedent signed his name on the back of the Certificate of Title of the automobile, gave it to Charles Sala, and told him that he was giving this automobile to him. Charles went to Mrs. Norton, a Notary Public, who refused to complete the assignment as she wante~ to vest the title in the name of an adult. Charles kept the title thereafter and ran the car. After the decedent's death, Mrs. Sala the mother of Charles, went to the Notary Public and had the assignment completed and made application for a new Certificate of Title in her name (p 28, 29). The Sales Tax verification showed that the transfer of the automobile was a gift (p 27); details given on pages 74, 75, 76, 77. The matter of the gift was testifiPd to by other witnesses, such as John Wojnar (p 155), Mary Francis (p 167), Rose Mary ~Re&ovich (p 172), Joseph Sala (p 177, 178, 197 , and Charles Sala (p 206, 207, 208, 209, 211). The facts of the giving of the automobile and that the decedent signed the assignment are not disputed, nor is his hand- writing in the assignment disputed by anyone. It has been testified that this car would be worth approximately $25.00, and we seem to be making a mountain out of a mole hill. 2. A Certificate of Title to an automobile is not a warrant of ownership or muniment of title as usually understood in the law, although it may be relevant evidence in establishing said title. KUMP v. STATE AUTO INSURANCE ASSOCIATION, 35 D. & C. 2d, 238 (1965). On page 241 and page 242, the Court pointed out that the primary purpose of registering a car is to protect the public against theft of automobiles, etc. In that case, the title to an automnbile was taken in the name of a father although it belonged to an eighteen year old son. The Court held that the son was the lawful owner of the automobile in spite of the fact it was regis- tered in the name of the father. The Courts have also ruled to the same effect in the I case of KESSEL v. RIFE, 1 Adams L.J. 112. In the case of SEMPLE I v. STATE FARM MUTUAL AUTO INSURANCE COMPANY, 215 F. Supp. 645 (1963), the Court held that in Pennsylvania a Certificate of Title . does not constitute more than some evidence of ownership of an automobile. In the case of QUAKER STATE FINANCE CORP. v. ANKELE, 28 Leh. L.J. 417, where an unsworn endorsement onfue back of a Certificate of Title showing transfer from a son to his father and they both lived in the same farm and that the truck in question wa not in use because of the son's illness, it was held that there wa all the change of possession possible under these circumstances an that in a suit to determine title to a motor vehicle, registration at Harrisburg was not an essential to the transfer of title. The leading case in Pennsylvania on the question of registration of a car is BRAHAM & COMPANY v. STEINARD-HANNON MOTOR CO., 97 Pa. Super. Ct. 19. This matter has also been litigated in 3 . ,----- Washington County in ANN K. JOHNSON, Admx. v. HELEN JOHNSON et al. at No. 1 February Term, 1945, A.D. The most recent case on this point is SUMMERS ESTATE, 424 Pa. 195, where on page 198 the Supreme Court said, "The mere fact that The Vehicle Code was violated by not placing title in Patton's name per se does not render void the transaction between Patton and Summers so as to result in ownership of the Cadillac being in Summers. Although an indicium of ownership, a certificate of title is not conclusive evidence of ownership of a motor vehicle but rather establishes the person entitled to possession: SPECK CADILLAC-OLDS, INC. v. GOODMAN, 373 Pa. 83, 88, 95 A. 2d 191 (1953); MAJORS v. MAJORS, 349 Pa. 334, 37 A. 2d 528 (1944); KUMP v. STATE AUTOMOBILE INS. ASSN., 35 Pa. D. & C. 2d 238 (1964); RICE STREET MOTORS v. SMITH, 167 Pa. Super. Ct. 159, 74 A. 2d 535 (1950)." In WEAVER v. WELSH, 325 Pa. 571, the Supreme Court, among other things, held on pages 577 and 578 that a parent as agent for his children acting as a conduit through which the gift flowed to his children is not disqualified under the dead man's law, and the close relationship between the witness and the beneficiary was not sufficient to make his interest adverse to that of decedent. II Failure to Include Furniture in Inventory and Account There was testimony that the Executrix had offered to let any of the other members of the family take whatever they wanted but that none had availed themselves of this privilege (p 30, 71); that such an offer was made at the time of the reading of the Will, and subsequently by letterto the attorney for the Objectants. Nevertheless, the Executrix did place a value on the said furniture !Which she will include in a Supplemental Inventory and Appraisement and in a Supplemental Audit Petition. 4. ~~~.:. .. Much time was wasted at the hearing disc.ussing old furniture. One of the Objectants was big-hearted enough to offer $500 for all the furniture in the house, which would include the Sala family's colored television, stereo, and other personal items (p 114, 117). She even went so far as to say that she concluded that everything in the house belonged to her father because it was in his house (p 118). She and the others described the furniture on pages 119, 120~ 121, 122, 123, 129. Bernice Sala described the furniture, its condition, and who bought what items, beginning on page 134. It seems remarkable that Charlotte and Jeannette wanted Bernice to include the colored television, stereo, etc., in the estate, together with the $4,000 gift to the grandchildren and the $1,000 given to John through Bernice, but Jeannette would not give up the $1,400 life insurance policy proceeds received from the United States Steel Corporation which she admitted was to be used towards the funeral expenses (p 142). III Dispute as to the Actual Amount of Cash Owned by the Decedent at the Time of his Death and Some Vague Statements that there Should be Some Money in the Safety Deposit Box The Executrix testified as to the amount of money found in the decedent's chest of drawers; and although the Objectants tried to intimate that there should be more money because of decedent's monthly income of $223.00 (p 31) from Social Security and pension, there was testimony that decedent did pay for utilities used in the house and the real estate taxes each year (p 78-80). He also made substantial gifts to his various grand- 5. I r children at weddings, graduations, etc. (p 79, 108). There is no evidence to contradict any of the testimony of the Executrix on this matter. Stanley Szerszen assumed that there was a lot of money in the safety deposit box (p 100). In CARR ESTATE, 371 Pa. 520, on page 523, the Court held that, "The burden of proof is on anyone who claims property in the possession of another to establish facts essential to the validity of his claim of ownership." In CUTLER'S ESTATE, 225 Pa. 167, on pages 170 and 171, the Court said, "If it be claimed that testator owned other property which either came or should have come into the hands of the accountant, the burden is upon the party so claiming to show first of all that the omitted property was the property of the testator." In this case, none of the Objectants gave any testimony to show that there was more than '$319.40 in cash in the possession of the decedent at the time of his death or that he had any other sum of money, either in a safety deposit box or otherwise, than was accounted for. Since the burden of proof was on the Objectants, they have not met this burden. Charlotte testified on page 105 that she assumed there was extra money in the box or someplace. IV Gift of $1,000 to Son, John Wojnar The Executrix testified that the decedent caused to be withdrawn from his savings account the sum of $7,000 from the bank (p 41, 53) on January 31, 1969, and about the instructions of decedent to have separate Cashier's Checks made payable as follows (p 54): 6. $2,000 to Bernice Sala and Joseph Sala $2,000 to Charlotte Szerszen and Stanley Szerszen $2,000 to Jeannette Bury and Andrew Bury $1,000 to John Wojnar and Helen Wojnar She did obtain such checks, gave them to the decedent who immediatEly gave one check to Bernice Sala and the other to her sister, Charlo1te (p 54). Jeannette's check was delivered to her on the following Sunday (p 55). John did not come to see his father for some time, and finally the decedent cancelled John's check and had a new one issued to Bernice (p 55), to whom he originally had intended to give $3,000 (p 56); but Bernice pursuaded him to give John $1,000 (p 55, 56). She put this $1,000 into her bank account; and after the death of the decedent, she took $1,000 from this account and gave it to John (p 42, 56). There is no dispute on the fact that the father ordered $7,000 withdrawn from the bank; that the father signed the with- drawal check for this amount; and that the checks were drawn as indicated by the Executrix. There is no dispute as to the signatu1e of the decedent on the checks. It seems remarkable that although the Objectants readily admit the validity of the $2,000 that each of them received, they are somehow raising a question of the $3,00( which was given to Bernice although it was all part of the same transaction. Jeannette testified on page 115 that the $7,000 distribution in January, 1969,-was all right. Also, on page 130 she testified about the $7,000 withdrawal. v Gift of $1,000 to Son-in-Law, Joseph Sala There is testimony that on December 27, 1968, a withdrawal check signed by the decedent in the sum of $1,000 was made payable 7 . ,--------------,,--------------------------------------,- to Joseph Sala (p 67, 68, 69). It was explained that Joseph and Bernice were contemplating the purchase of a new car and that the decedent wanted to make a contribution toward this car as they had used their own car in transporting him to and from doctors, hospitals, etc., and for about sixty cobalt treatments. The Sala automobile was a 1953 DeSoto, and it was decided to purchase a new one. Again, there is no dispute as to genuineness of decedent's signature to the check or any testimony to show that this money was obtained from him in any fraudulent manner. In PETTY'S ESTATE (No. 2), 311 Pa. 372, on pages 373 and 374, the mother of a decedent received a check from an insurance company which she endorsed and instructed the agent to deliver the check to her son, the decedent. Later she tried to claim that it was a loan instead of a gift. The evidence showed it was a gift and the Court held that there was a presumption of a gift arising rom endorsement and delivery of the check. Such a transaction is naturally considered a gift. The Court concluded that the pre- sumption of a gift was not overthrown by any convincing testimony. In GOSLIN, Admr. v. EDMUNDS, 325 Pa. 154, on page 161, the Court held: "The endorsement of a check absolute in form is sufficient to give rise to a transaction of a gift of the check. A stronger presumption arises from the drawing of a check to the order of one who sets up a gift of it." VI Gift of $4,000 to Grandchildren The Executrix testified as to the discussion with the decedent, who wanted to make a gift to his grandchildren as he live~ with them from the date of their birth. She described how she had 8. obtained a withdrawal check signed by the decedent in the amount of $4,000 on August 1, 1969, which was on a Friday (p 46, 47). Again, the signature is not disputed. On Monday she took the chec~ (p 181) to the bank (A~gust 4, 1969), and ordered United States Government "E" bonds to be issued so that each grandchild would receive a $1,000 bond (p 48, 49, 50, 51, 52:, .. 195, 196). Each child received a $1,000 bond, three $100 bonds, one $25 bond, and some cash, each of which was placed in separate envelopes (p 51). The bonds were actually dated and obtained from the bank on August 5, 1969, although she gave the bank instructions on August 4, 1969, about the preparation of such bonds. There is also testimony as to the conversation between the decedent and the grandchildren at the time he delivered the envelopes with the bonds to each one of the chidren (p 184, 209). Again, there is no dispute concerning the signature of the decedent to the withdrawal check, nor any contradiction of the events as related by the Executrix, her husband or her son. In this connection, it might be well to note that althougl the decedent did have cancer of the throat, he was apparently quitE active as he took care of his vegetable and flower garden up to date of the fall from the roof. He took care of himself, dressed himself, washed and shaved himself (p 60, 61, 62, 63); and there is no evidence whatsoever of any mental deterioration or incapacit' . His good health, gardening, alert mind, discussion with other people concerning the steel mill and Ann Landers' articles in newspapers and good physical condition was testified to by his son John (p 150, 151), Mary Francis (p 164, 165), Rose Mary Resovich (p 169, 170, 171), who all testified that the decedent was a stron~- 9 . willed man, that he was domineering, stubborn, and that no one could change his mind or talk him out of anything (p 154, 165, 174 185. VII Entries into Safety Deposit Box Between Time of Death and Time of Inventory by Inheritance Tax Representative Although the Executrix was violently cross-examined as to the number of times she entered the safety deposit box from the date of death and the date of inventory taken by Mr. Tosi of the Inheritance Tax Department, she testified that she only made one entry, in the presence of bank officials to remove the Will. This is supported by the, entry card (p 213, 214), which has been submit ed to the attorney for the Objectants. So, again, we have a lot of chaff but no grain. VIII Question of a Proposed Deal Allegedly Made by the Executrix and/or her Husband The Executrix and her husband testified as to the visit made to the home of Mrs. Charlotte Szerszen (p 191). They went over to try to console her and see what they could do for her. Charlotte's concern was that Bernice got the house and that her children got some money. After they got home, Joseph Sala telephot ed to the home of Charlotte Szerszen and asked her husband how Charlo te was. Mr. Sala then said, "Actually, what does she want? Does she want Bernice's money or what does she want?" Stanley Szerszen sai< he did not know and that was the end of the conversation (p 192) . It seems that Charlotte was envious that Bernice got the house and that her children got $4,000. 10. The discussions about making deals and about the Executri giving up her interest in the estate appears to be a lot of wishfu thinking on behalf of the other two sisters. There was no reason why Bernice should give up any part of the estate given to her by her father's Will. The fact that neither the father nor Bernice told the other two sisters about the $4,000 gift to Bernice's children is not surprising under all the circumstances. The decedent took the attitude that it was his money, and he could do with it as he saw fit; and he did not want them to tell the other members of the family about this gift as he evidently knew the grasping and jealous nature of his other two daughters and he did not want any trouble with them while he was living. Charlotte was evidently disappointed that there was not more money to divide in the bank. It seems that Charlotte and Jeannette would have been willing to have everything divided in equal shares, even though they did not take care of their father as Bernice and her family did. The grandchildren with whom he liv d would be the natural objects of his affection, and he wanted to sh his appreciation by giving them $4,000 in his lifetime. This is n t unusual in view of the fact that he divided $7,000 among his child en previously. Allegation of Signing Blank Check During cross-examination, counsel for the Objectants eros - examined the Executrix and at one point got her to affirm his statement that the decedent signed a blank withdrawal check (p 39, 92). She had been confused as some of the checks were typed, and we believe that one was written out in longhand. She knew that th writing in longhand was not that of her father's. The Executrix 11. did clarify that all money was withdrawn from decedent's bank account in the following manner: 1. Decedent would give her orders as to how much money he wanted withdrawn, and would give her the books. 2. She would take the books to the bank, and one of the tellers would fill iri a withdrawal check on the savings account. 3. She would then take this check up to her home. 4. The decedent would sign this check. · 5. She would take the check back to the bank and have the bank issue Cashier's Checks payable to various people (p 199, 200). On page 229, she told Mr. Hormell that he had thrown her off when he asked her about the decedent signing a blank check. If we assume, merely for the sake of argument, that the decedent did sign a blank check and delivered it to Bernice, we then come into that line of cases that holds that the signing of a blank check, delivering it to another person and then have someo1e fill in the blank spaces after which the money is withdrawn from the bank, that such action constitutes a valid gift. In ESTATE OF ESHON BAUGH, 114 Pa. Super. Ct. 341, where the issue was as to whether the delivery of two signed blank check~ to a donee was a valid gift when the donor died before the donee filled in the blanks and received payment of the check, the Court held that the delivery of a signed blank check to donee carried wi h it prima facie authority to complete the blanks (§14, Negotiable Instruments Act, which is included in U.C.C., §3-115), but the authority had to be exercised in the lifetime of the drawee-donor. In 38 C.J.S., §54, on page 842 under GIFTS, we find a tl resume of the law that the gift of a blank check becomes complete 12. ... > f t ' i i !. I I· r· ' ( I· ~ r- '· ~ f i f. ',s · .. 1·· :.._" t<' ~-' - f ~ . ! ... ~ ;; I I " I , . .. ,_. ,•. -RE: · ·:·J\NT.HGNY · WOJNAR; a/k/ii .ANTONI WOJ~A.R':'~sT~TE, ' ' DECEASED. ,. .. ~· 1 · .. "''·' ,._ ·:.... . ·~~ .. ''~ :,.•. ,: ,.· ... ---------.,,----------------------------------------------y-------, (_ when in"the donor's lifetime, it is paid, certified, or accepted b the drawee. Page 838 of the same work held that this is true even though the donee did not receive the actual physical possession of the money it:s.elf:.. This proposition of law is further annotated and reviewed in 38 A.L.R. 2d, 594. The whole record indicates that the decedent had sufficie t mental capacity to make a Will and that no one attached the Will o this basis. The whole record also indicates that decedent was bos of his own assets while living and gave various sums of money as h saw fit. The Obj ectants gladly accepted the '$2, 000 that they each received in his lifetime and found nothing wrong with that part of the transaction. We, therefore, contend that the Objectants did not sustai any of their objections to the Account with the exception of the furniture; and even though it appears that this furniture would ha e no market value the Executrix was honest enough to put a value on the various items of furniture described and the condition of each In our opinion, all objections should be dismissed with the exception of the question of the furniture. Respectfully submitted, BA~~BARNA .. ;;;? By~/}! «b'~ · '-i(ttorney for Executrix 13. 1"'-----~,.---------------------------------------.cc-- ' IN THE COURT OF CO~~ON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION IN RE: ANTHONY WOJNAR, a/k/a ANTONI WOJNAR ESTATE, Deceased ) ) ) ) ) ) ) ) No. 63-69-1207 BRIEF ON BEHALF OF OBJECTANTS TO ACCOUNT -1- Submitted by: HORMELL, TEMPEST, SIMMONS, BIGI and MELENYZER By Oliver N. Hormell, Esq. HISTORY OF THE CASE This matter is before the Court pursuant to objections filed to the account of the Executrix by two of the residuary legatees in the Estate. A hearing was conducted by Your Honorable Court on the issues on Friday, March 12, 1971, and the transcript has been filed of record. The issues in the case may be divided into two categories: 1. A failure on the part of the Executrix to include :certain assets in the Estate, and 2. The inclusion of certain transfers made within two years prior to death and:~llegedly made as -~d,nt·erVivos. gifts which the objectants aver should be part of the residuary estate. -2- I ARGUMENT I The Executrix failed to include assets in the inventory and accounting wpich are part of the estate and should have been reported. The assets which the Executrix failed to include in her inventory and accounting was an automobile, furniture, and a check in the amount of $1,000.00 which ultimately carne into the possession of Joseph Salai, The Executrix failed to include among the assets the autornobiie of the d?c~dent. Her testimony indicated that a gift was made to her minor son around Easter of 1969, (21-24). But examination by counsel for the objectants revealed that the title certificate was allegedly signed before a Notary Public on February 25, 1970, which would be four months after the death of the decedant, and well after counsel had been retained to repre- sent the Estate. The evidence further indicates that the Executri verified for sales tax purposes that the transfer had been on February 25, 1970. The explanation given by the Executtix was that it was a gift to her son, but the certificate to~the1Cornrnonwealth of Pennsylvani indicated that it was a gift to herself (page 27). All of the testimony of the Executrix was that the automobile was to be a gift to her son, but all of the evidence indicates it was titled in her name and was certified by her as being a gift to herself. In making explanation for the discrepancy in .. dates, the Executrix indicated that this was done in February because the insurance was not due until February. However, her son, Charles, testified that he paid a pterniti~:of $8.00 additional to cover him as a driver around Easter of 1969. The records, confirmed by counsel for the Executrix, do not indicate that this was true, but to_ the contrary indicate that it was not until August 21, 1969, that Charles was listed as a driver for the automobile. Further, -3- the records of the agent for the payment of premiums indicate that there was no~ additional premium paid from April, 1969, to February 11, 1970, and that on February 11, 1970, the premium was raised from $36.60 to $105.60. The records then clearly indicate that there is a discrepancy between the testimony of both the Executrix and her son and the evidence furnished by Mr. Barna and the agent for the insurance. Assuming arguendo that the decedent had signed a certificate of title prior to his death, the certificate not having been corn- pteted and transfer not having been made in accordance with the laws of the Commonwealth of Pennsylvania pursuant to the registra- tion of motor vehicles, this automobile then at the time of the death of the ·d'e'ce'dant on October 14, 1969, was properly an. asset of the estate and should have been reported as such. In addition to the failure to report an automobile as an asset of the estate, the Executrix also failed to report the fur- niture in the Estate. This was during the .hearing later admitted by counsel and by the Executrix and an attempt was made to correct the error by filing al supplemental inventory to include the fur- niture. This was not permitted however, by the Court at the time of the hearing, although the Cduttcdifl~aavise~the Eketuttix'Jthat~ she would.:be able to file a supplemental inventory should she desire to do so. The objectants contend that the admission and the at tempt to file a~· supplernen tal: ·iinre·n tory of the furniture indi cates that the Executrix did fail to include ·these··assets rand:·by~ her own admission they should be included. At no place in the papers filed in the Estate does there appear to have been a transfer within two years prior to death to Joseph Sala,, son-in-law of the deceased. The issue was raised by the objectants that from the bank records there appear to have been a cashier's·check No. 0617503 issued to Joseph Sala on December 27, 1968, the Executrix then petitioned to amend her form -4- --------.-.----------------------------------- to include a $1,000.00 gift to Mr. Sala during her lifetime. The 7 mere move to amend the papers filed in and of itself proves that the Executrix failed to include this asset in her accounting. Further examination of the transfer to Joseph Sala on Decembe 27, 1968, indicates that a tashier's check No. 0617503 was issued pursuant to a withdrawal check signed by the deced~nt on the same date. Examination of the withdrawal check however, will indicate that the handwriting obviously is not the same as that of the decedent, and that the withdrawal check was made payable to "cash" Theje is no: evidence of any instrument executed by Anthony Wojnar which would indicate that he had intended to make a gift of , .-, ,;, . $1,000.00 to Joseph Sala. All that the exhibits and the testimony indicate is that Anthony Wojnar signed a blank withdrawal slip which was later filled in by party or parties unknown and then turned over to the bank for the issuance of a $1,000.00 check in the name of Joseph Sala. Clearly this testimony does not reach the stature necessary to establish that a valid gift of $1,000.00 had been made to Joseph Sala during the lifetime of the de<::ed~n-t_, and consequently the $1,000.00 represented by said cashier's check was improperly converted by Joseph Sala to his use and should be part of the residuelin the estate. II r , The inclusipn of certain assets in a total agregate amount of.$11,000.00 as intervivos gifts made within~two years prior to I the death of the 'decedent is totally misleading and of the sum of $11,000.00, $5,000.00 of the same should be included as part of the residue in the estate. ------------------------------------------------------------------ On January 31, 1969, a check was issued in the amount of $7,000.00 to Bernice Sala by Anthony Wojnar. Pursuant to the instructions on this withdrawal check there was issued by the bank cashier's checks No. 0617930, 0617931, 0617932, and 0617933. There is no dispute in the testimony as to the ultimate dispositio of check No. 0617931 made payable to Charlotte Szerszen and Stanley Szerszen in the amount of $2,000.00. All parties agree -5- ,• . ' () • that this gift was made and received. Similarly there is ndt· conflict for cashier's check No. 0617932 made nayahleuto Jeannette Bury and Andrew Bury in the amount of $2,000.00, and similarly there is no conflict in the testimony for check No. 0617933 made payable to Bernice Sala and Joseph Sala in the amount of $2,000.00 The total agreg~te of these checks however, equals $6,000.00, whic is $1,000.00 short of the $7,000.00 withdrawal check signed by Anthony Wojnar. There was at the same time that the three checksin denominati n of $2,000.00 each were issued, a check issued to John Wojnar and Helen Wojnar in the amount of $1,000.00, No. 0617930. The testimo Y"' indicates that this check was broughtback to the decedent who in turn decided it was not to be. deli vere9. to his son John and his wife, whereupon it was endorsed by the decedent and a notation typed above the.endorsement indicating that the check was not used . I for the purpose for which it was intended. Under these circumstan es the Exhibits··~howing that there was no: endorsement and no transfe of a negotiable instrument other than~what was cited, this $1,000. 0 should have been redeposited in the account of the decedent. However, this $1,000.00 pursuant to the testimony of the Executrix was deposited in the account of the Executrix. We therefore had a situation that at the time this transaction occurred, the Execu- trix converted the money payable to her brother to her own use and benefit. It is no answer for the Executrix to state as she did in the testimony that subsequent to the death of her father she paid the her sum of $1,000.00 to her brother from/own account. Nor is it any answer for her brother to affirm the fact that this money had been paid. All the evidence indicates that the testator at the time the check was made and pursuant· to his instructions did not intend that the money would ·be delivered to his son, and consequently thi I' falls short of the requirements of a valid gift intervivos, becaus~ -6- f the primary requisites of intent and purpose to give and execution in the form of delivery was not met, and the gift must fall. The result is that the $1,000.00 ostensibly given to the brother by th Executrix was not a gift to the brother by the Estate but was a gift to .the brother by the Executrix. Consequently, this sum of $1,000.00 should also be included in the residue of the Estate. The next item in controversy is a withdrawal check dated August 1, 1969, in the amount of $4,000.00. The testimony of the Executrix was that this $4,000.00 was converted into bonds and tha each of her four children received a $1,000.00 bond each, with the difference in tli~~ purchase price of the of four bonds and $4,000. 0 being· kept and used by her and her husband. Examination of the manner in which the transfer of $4,000.00 was made indicates that on August 1, 1969, there was a withdrawal check signed by Anthony W:oj.nar. The testimony of the Executrix while being examined by counsel for the objectants was that this withdrawal check was signed in blank. Subsequently, upon re-exami nation by counsel for the Estate, the testimony was that this with dEaw~l check was filled by typewriter prior to the time when it was signed by the deced~t. The testimony of the Executrix in explaining why she had so testified under questioning for the objectants indicated that counsel for the objectants had "confused her". Her testimony however, indicated that a wit~drawal check wa brought'home blank on August 1, 1969, and then taken to the bank on August 4, 1969, whereupon a check was issued, not to her childr n but to herself and her husband and bonds later issued to the chil- dren on Tuesday, August 5, 1969. -Aside from the conflitt of testimony on the stand which goes to the credibility of the testi- mony of the Executrix, the circumstantial evidence in the case indicate that the story told to counsel for the objectants in the first place was true. Ex~mination of the withdrawal check indicat~s that a typewriter filled ih the words "Cashier's check No. 0619787 '. -7- There was issued a cashier's check No. 0619787 made payable to Bernice Sala and Joseph Sala. It does not seem reasonable, and th Court can take judicial notice of the fact, that a bank does net. issue a cashi~r's chetk until the withdrawal check has been signed and received. To believe the.testimony,of the Executrix, the cashier's check No. 0619787 had to be issued prior to the time whe her father signed that withdrawal check, if her testimony as rehabilitated is to believed. Your Honorable Court can take judicial notice of the fact that a bank does not issue a cashier's check until it has a valid withdrawal check signed by the decedent Obviou~ly therefore, what occurred in this matter was that Anthony Wojnar~signed a blank check just as the Executrix testified under examination of counsel for~the objectants which blank withdrawal check was taken to the bank and some party or parties unkn·own, rightly or wrongly, typed in the information payable to "Cashier's check No. 0619787". This clearly indicates that the credibility of the Executrix should be severely scrutinized and further indi- cates that at the time the withdrawal check was taken to the bank it contained nothing thereon except the signature of the deced~pt. The check jn the amount of $4,000.00 made payable to Bernice Sala and Joseph Sala therefore, cannot be construed as a gift .. to their children. All that was delivered by the decedent was a blan withdrawal check with his name on it. At the time of the delivery there was no indication that this money was payable to any person arid did not constitute a gift of $4,000.00 to anyone, it not havin1 met the requisites of a valid gift including the intent and execu- tion in the form of delivery. All that was delivered was a blank piece of paper containing the signature of Anthony Wojnar. The subsequent events wherein the check was issued to Bernice Sala and Joseph Sala further substantiates that none of the parties parti- cularly the decedent intended a gift to· be made to the four grand- children, because check No. 0619787 was issued to Bernice Sala and Joseph Sala. If we are to infer or believe that a gift was made to the children then fhe check made payable would have been -8- handled in the same manner as the check on January 31, 1969, when it was ?pecifically indicated that although the $7,000.00 was made payable to Bernice Sala four cashier's checks were issued therefro . This appeared on the withdrawal check, and is a clear indication of what the purpose of the $7,000.00 ·was. Similarly, had the decedent made such instructions for the other check in the amount of $4,000.00, we have a right to infer that a similar record would have been made by the bank. The check for $4,000.00 therefore was not a valid gift to the grandchildren, was a conversion of -th assets by Bernice Sala and Joseph Sala to their own use, was con- trary to the intent and purpose of the will,.and the said $4,000.0 should therefore also be included as part of the residue of the estate. To further substantiate the objectants interpretation of the $4;000.00 withdrawal, the Executrix specifically testified that she and both of her sisters understood that all of the assets, except the house, and except the $2,000.00 which had been given to her·~sisters and herself prior to the death, were to be divided equally among the h~irs as indicated in the will. A general pattern developed in this Estate of a plan to de- plete the assets of the estate without the knowledge of the other heirs. In this matter we had an estate planned by the father who prior to his death began to distribute s•om.e.of it and indicated specifically, as verified by all of the parties to the litigation, that the residue was to be divided among all of the children. After a prolonged illness howev:er:,and much confusion as to just what had transpired, and after protracted illnesses in the hospital of the decedent, we find that $1,000.00 was diverted to Joseph Sala and not reported, $1,000.00 allegedly to be0~iven to John Wojnar and not given to him but a gift revoked, and $4,000.00 allegedly given to four grandchildren when all the evidence indi- cates that there was no gift in the first place and that if there -9- ' .· were a gift at the time it was made it was made to Bernice Sala and Joseph Sala and not to the grandchildren. The end result of the consideration of the credibility of the witnesses, the various transactions involved, the failure to meet the requisites of valid gifts intervivos, and the failure to in- elude assets in the estate should lead to the following result: 1. The Executrix should be made to report and account for the automobile, and 2. The Executrix should be made to report and account for the furniture, and 3. The sum~of $1,000.00 allegedly given to Joseph Sala should be part of the residue of the estate, and 0~~ 4. The sum of $1;000.00 allegedly given to~ojnar but being a gift revoked by the father because of non-delivery, should be part of the residue of the estate, and 5. The allegedly gifts of $4,000~00 to the grandchildren, not having been valid gifts, and not having been made to the grandchildren, should also be part of the residue of the estate and should be so reported. -10- Respectfully submitted, HORMELL, TEMPEST, SIMMONS, BIGI and MELENYZER r I Form RCC-33 ,., . • /7 ·/· Jl ~,·· COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS J RESIDENT DECEDENT COUNTY OF ....... W.A.S..J:I.~NG.~.ON .......................................... . IMPORTANT: This return must be completed in detail and filed in duplicate, with will attached, with the· Register of Wills of the County where decedent resided; Return is due within one year after date of death, unless an e~tension is granted by the $ecretary of Revenue. (Section 703 of the_Inoerit11nce_ an!f E.~ tate Tax ~ct of 1Q61. ). (State full name of decedent) A.N.f.H.Q~;-~W.;~;R~;_j_;,f ?.~:NE;~~~E. ;;_J.~l\.~ .......... }::::u:v~: OF Late or ................. Washipgton .... .. . eo ... .,. ~ w State of .. : ....... PENNSYLVANIA. ... ·.·.··.·.·.· .. ·.··.·.·.·.·.··.··.·.·.·.·.··.·.····.· .. ·.·.·.·.·.·.·.·.·.},., ~<$< . JJ_,~, .. County· of WAS.HJNG':J:'QN 1/fJ ·' ............................................................................... ;a.gr.n.:hG.E:! ..... $.!:11.!:1 ... Executor ~»:KiK of the estate of the above-named decedent being duly sworn, depose S and ,sayS : Dec,edent · dJed ............. Oct.ober.. 14 (Month) ............... , 19 ... 6.9. ...... ,J testate leaving a last will, copy of which is hereto attached. } (!Jay) (Y<:ar) l IV»XOIMX . Name and address of attorney or} other authorized representative to whom all correspondence should be mailed. ... Barna ... and.Barna..... .. ... . ......... . } th .. & }:lc"I<.E!c:ll:l AvE! . , . :P()n():t'<:l. , P a . 15033 Th~t as such ....... Exe.c.:u.t..t:.ix ........... deponent is familiar with the affairs of said estate and the property con- < Executor-Administrator) stituting the assets thereof and their fair market value. That at the time of death there was no safe deposit box registered in decedent's individual name, or jointly with, or as agent or :deputy of another, or in decedent's individual name, with right of access by another as agent or deputy, with the exception of the following:- NAME AND ADDRESS OF BANK. OR OTHER Il'~STITUTION THIS SAFE DEPOSIT BOX RENTED RELATIONSHIP OF JOINT IN·WHICH DECEDENT RENTED A SAFE DEPOSIT BOX IN NAME OR NAMES OF HOLDERS TO DECEDENT MPllon N:'ltional R:'lnk & Trn~t Co 501 McKean Ave. Anthony Wojnar or Mrs. Donora Pa. 15033 Bernice Sala Dau2:hter That the contents of said safe deposit box or boxes are itemized under Schedules of this ---return, with the exception of the following, for the reasons hereinafter set forth: That Sc.hedule A attached hereto and made part hereof sets fortq full v and in"·detail all the real property in the Commonwealth of Pennsylvania of which decedent died having an interest therein. It also sets forth the mortgage encumbrances upon each parcel of real property at the date of death, giving the amount still due at death, name of mortgagee, date, rate of interest, and book and page of record thereof. It also sets forth in the columns provided therefore the assessed valuation of each of said parcels, the estimated market value thereof as of date of death of decedent. That Schedule 8 attached hereto and made part hereof sets. forth fully and in detail all personal property wheresover situated owned by the decedent at the time of death; all moneys left by the decedent at the time of death, whether in decedent's immediate possession, standing to decedent's credit in banks of deposit, savings banks, trust companies, or other institutions, whether individually, or in trust for any other person or persons giving also separately the accrued interest thereon, if any, down to the last interest day prior to decedent's death in the case of savings banks, and to the date of decedent's death in all other cases; all bonds, postal savings, treasury certificates or note~ and other evidence of in- debtedness of the United States to the decedent; 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 co"untry, which are owned at the time of death; all wearing apparel, jewelry, silverware, pic- tures, books, works of art, household furniture, horses, carriages, automobiles, boats, and any and all other personal chattels of whatsoever kind or nature, leftbydecedent, together with the fairly estimated market va~ue thereof; all bonds and mortga~es 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 wh~tsoever nature, with interest thereon, if any, giving the face value and estimated fair market value thereof, and if such estimated fair market value be less than the face value, it sets forth briefly the reasons for such depreciation-as to each item; all moneys payable to the estate from life insurance polici-es carried by decedent; all annuity and endowment contracts the proceeds of which were payable upon the death of the decedent; and all the corporate stocks and dividends due thereon and unpaid as of the date of death, bonds and accrued interest thereon to the date of dece- dent's death and other investment securities owned by the decedent ~t the time of death, with the market value thereof 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 business. A copy of the co-partnership agreement, (if oral, a statement setting forth the natin'e 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 answer to each inquiry contained therein and in the case of transfers ofproperty, real or personal, within two years of decedent's death, in contemplation of decedent's death, or intended to take effect in possession or enjoyment at or after death, said sch~dule sets forth the nature and value of such property, to whom tr~sferred, the relationship of the transferees to the decedent, the proportionate share received by each transferee and all other facts of a pertinent nature regarding said transfers. In the case of transfers intended to take effect in possession or enjoyment at or after death, there is also attached to the schedule a COJlY 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~ersonal, with its value, which pa~ses 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, annul tants 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 proper1:-y,_ r_eal 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 .vest! ture 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 fune~ral expenses pa~d; family exemption, where applicable; costs of administration of this estate; counsel fees and f'Udiciary's commissions paid or to be paid; cost expended for burial trusts, tombstones or gravemarkers, and reli- gious services, in consequence of the death of the decedent; debts and claims owing and tmpaid at time' of death; taxes accru~d charge.able 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 pledge~ 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 Siunmary. ST[:';·• Uun w .~:.' ·· :: ;. :>~:.nc :. r'a. .... u.i... . .1 ~ j r •.. .;an • .:_.;, lJ1l ··~-;;~m••--·--• ....... Q4.3. ...... S..ix.t..h ..... S..t.r..e.e . .t .................. :: ....................... ~ ............. . (Street Number) ....... PPnP:m~ ..... P..~nn.a ............. .l5.0.3.3 ............ : ........................... . (City or Town and State) NOTE: Before signing affidavit make sure ail blank spaces in the affidavit and schedules annexed are filled in with details or the word "None", and in case the assets include rare and unlisted securities, securities q(~close or family corporations or an interest in any co-partnership'or business, that the data and statements required under the paragraph above relating to Schedule "B" are attached. Also make certain that column #1 in ·the "Summary" has been properly completed as above-directed. L----------'---------------1:.1 ------------------------------------------------------------------. RCC-34 (1-64) , ·-COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS TRANSFER INHERITANCE TAX RESIDENT DECEDENT SCiiEDUL~ "A" -REAL PROPERTY Real property in Pennsylvania, with statement of mortgage encumbrances upon each parcel at death of dece- dent. Where property held as joint tenant or tenancy by entireties, report on Schedule ''E". Property hdd by the decedent as tenant in common with another or others, should .be identified as to quantum of interest and the estimated value should be that of the decedent's interest only. The real property located In the Commo['lwealth of Pennsylvania should be described by lot and block number, street and street number, together wl th 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 af decedent. Taxes, assessments, acqued Interest on mortgages, etc.,are to be listed on Schedule "F" and must not be deducted from this schedule. 1. All that parcel of land situate in the Borough of Donora, Washington County, Pennsylvania, being Lot No. 15 in Block No. 36 "' :~~~tp (1) ASSESSED VALUE FOR YEAR OF DECEDENT'S DEATH $2,400.00 Insert this total opposite "real property", Schedule ''A" in the X X X X X "As Reported" column on the last page of this return. (2) ESTIMATED MARKET VALUE ' rdl,h~ $6,500.00 $6,500.00 (3) I DEPARTMENT VALUATION CAUTION (Do not write In this spoce) r COMMONWEALTH OF PENNSYLVANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE "ni' PERSONAL PROPERTY ' J 'i 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 ~he decedent jointly with another or others must be listed under Schedule "E". Intari'gible personal property-,· titled in the name of the decedent, but payable at death to another or others, including but not limited to P. 0. 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 nroperty, 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 anyundistributed estate of or income from any property ~eld in trust under the will or agreement of another, even though located outside of the State, at the time of death, should be listed in this schedule. Item NO· 1. 2. 3. 4. Cash Savings & Trust ITEM List and describe fully ··-'• ... Insert this total opposite "Personal Proper,t~~' Sched),lle "B" in the "As Reported" column on the last page of this,. return. UNIT VALUE ESTIMATED MARKEr VALUE 319.00 X X $:5,909. Sfi s 3s!Pf DEPARTMENT VALUATION (Do not write in this space) --------------------------------------------------------------------------------------------------------~----------~ CO\D\0\"'Ii':.\LT!I OF PF~NSYLY • .\NI A. TlUN~FFl\ IN!rEl\ITANCE TAX rtESIDE:\T DECEDENT SCHEDULE "C" TRAYSFEftS (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) Yes (2) Did decedent, within two years of death, transfer property from himself to himself and another or others (including a spouse) in joint ownership? (Answer yes or no) No (3) If the answer to (1) or (2) above is in the affirmative state: (a) Age of decedent at time of transfer 7 6 (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) ~0 (a) \Vas 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) No (b) What was the transferee's age at time of decedent's death? ____ _ (5) Did decedent in his lifetime make any transfer without receiving a valuable and adequate tconsideration 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 en,joyment of or the right to income from the property transferred? (Answer yes or no) ~N~o~--- (b) The right to designate the persons who ~ball possess or enjoy the property transferred or income therefrom? (Answer yes or no) __ N_o ___ _ (6) If the answer to (5) (b) above is in the affirmative, state whether the right was reserved in decedent alone or others _______________________________________________________________ ~----------- (7) Did decedent in his lifetime make a transfer, the consideration for which was transferee's promise to pay income to or for the benefit of care of transferor? (Answer yes or no) _:~~0~--- (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) No (9) If the answer to (8) above is in the ;;tffirmative, 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) _____ _ NO.TE 1: The answers to these questions should be supported. by affidavit by the attewiing 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 o.f transfers and to whom trrmsferrerl, with relationship of transferees to decedent, if any. Submit copy of any trust deed or instrument, if trdns- fers are claimed to be non-taxable, also submit detailed statement of facts on which said claim is based. NOTE 3: List applicable property below in manner in which provided in Schedules A, B, or E. ITEM DESCRIPTION 1. January 31, 1969, $2,000 each to the following children: 2. 3. I l Bernice Sala Charlotte Szerszen Jeanette Bury January 31, 1969, $1,000 to John Wojnar August 1, 1969, $1,000 each following grandchildren: Charles Sala Carol Ann Sala Debra Sala Kenneth Sala to the I ~~· (\~ ; Insert thi.s tnt:d opposite "Transfers", Schedule "C" in the "As Reporter!" column on the last page of this return. MARKET VALUE (Estimated) 1.-- $2,000.00 2,000.00 2,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 11,000.00 0 DF..PT. VALUATION (Dept. Only) 'RCC.:..3"8 .. COMMONWEALTH 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 with another or others, including intangibles, standing in the name of the decedent and others. List real estate first, as entireties, or joint tenants, giving brief description, as indicated under Schedule "A", plus the date and place of record of instrument effecting vestiture, but do not include entireties or out of state real estate value in estate valuation column. Personal property should be listed as in Schedule "B", plus date of acquisition, and the name, address and relationship (if any) of co-owners to the decedent. Description of Property, Date of Acquisition, Name! Address and Relationship of Co-Owners, and Place I of Record of Instrument, where Real Estate. ! None Unit Value percentage Share Estate Valuation Insert this total opposite "Jointly Owned Property", Schedule "E" in the "As Reported" column on the last page of this return. DEPARTMENT VALUATION CAUTION-Do not Write In This Space. Value of Entire Property Value of Decedent's Interest h COMMONWEALTH OF PENNSYYLANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT BENEFICIARIES AND ADDRESSES State full names and addresses of all who ave an interest, vested, contingent or other- wise, in estate) Bernice Sal a 643 Sixth Street Donora, Pa. Charlotte Szerszen 23 Elm Street Monessen, Pa. Jeanette Bury Rqute 88 Roscoe, Pa. ~ ' . .. "' SCHEDULE "D" BENEFICIARIES RELATIONSHIP SURVIVED (If step-children or DATE INTEREST OF illegitimate children DECEDENT OF BENEFICIARY are involved, set STATE YES IN ESTATE forth this fact.) OR NO BIRTH Real estate .and one- Daughter Yes Over 21 third residue Daughter Yes Over 21 One-third residue Daughter Yes Over 21 One-third residue Deponent further says that all the above-named beneficiaries are living at this time except below: NAME DATE OF DEATH RESIDENCE ' ~ Will Administration ! No ... /J.-0] Year ........ 4. /.'. ... . P.ll" THE ~IA TTER OF THE APPRAISEMENT OF THE ESTATE OF ANTHONY .WOJNAR. a./k/a AN.'l'QNl. WOJNAR Deceased Late of .... ::Oon~ ~~ County of Washington . CommonWC!'<~lt~.,of Penns}:~~~nia-r f J:·~ m ;o ·····-<.'1 (;") c:: ,.. __ :;;:: ......... c.n ~.:: -~ ('l (1") .• -Rt~QR"f.:_2AND APPRAISAL ' ' =~ 0 ..,_ -,1 ~., 0 : "·· ~Dr-~ <.J ~..,... {,..;) r -~J •. _,i "J ... ·~.' (Executor-Administrator must complete "As Reported" column #1.) C1 ...., ""d :::tl .... .... Cb Cb 0 Pol .... e. "' ::s "' "' "' 0 ...... ::s ""d ...., Cb Pol .... Pol .... -0 "' >< ""d '0 Pol Cb 0" .... .... ;:n 0 ~ '0 trl Cb .... "' ,.... ,.... '< Pol ,.... Cb (/) c ~ -~ > :::tl w (/) (/) ~ n n ?" ?" ?" 0 tx5 ~ ~ ~ --- -(,1)-EI)-oo -oo-oo-oo N :1-': : > 1../.) :1-':VtO'\"' .,. ""' ~ ~ ::0 ,._... :oO\u...Cb-0 :o:oo-o-0'\ :oO\os;-:. : . :. :. ..... 00 ~0 :00 0 Cb ;f:'-:o~ o2:: -oo-oo-oo-oo-fP.o-oo > "' 0 !t_ (; lV §_- ::::1 r. c.. ·' ;_,: :\ :\\ "\' II ~ '··' J/ II ,. • /t ·t .. " c;, J -~_p.r'-;_~o 7 1 rr -1 7 -'f, . STATEMENT OF DEBTS DEDUCTIONS ALLOWED IN j Form RC <; -io -~-.. ~: .. OFF~E !)F T~ME -.;, REGISTER OF WILLS OF _ ___:.:W:::;A:.::S:.:H.::.:I~N:.:.;G:::..T=-O~N::.:.,___ COUNTY AND DEDUCTIONS AND AGENT OF TMit COMMONWiiALTH ESTATE oF ANTHONY WOJNAR a/k/a onora, Pennsylvania DATE OF FILING APPRAISEMENT ---------DATi OF DEATH October 1 4' ) 969 DATE NO. OF NAME OF PAYEE REMARKS AMOUNT VOUCHEit Russell Marino Letters of Administration 1 fl.~ Valley Independent Advertising Letters 10 Washim2:ton Countv Re.12orts Advertisin~ Letters u._ Russell Marino Filin& Inventory 3 Russell Marino Filing Account 16 Barna and Barna Attorneys Fee 600 Notarv Public fees y. Guy Rodgers Deposition ,. 15 Macik Funeral Home Funeral 1,695 Bianchi-iMonuments Lettering Gravemarker ~2- Father Zachewicz Funeral Sery_ice 3~1) St. Mary_' s Church Funeral Dinner 91 .P Dr. Breuther Final Phvsician's Bill 30 -"\ ~./1.}- "' '..A J Montifiore Hospital Final Hospital Bill 15 .1 .• ,_;; i ~-tJ}f ()'11 fOh() News_R.apers Thank you Notes 4 " ~· I r\ Stamos Thank _y_ou Notes HL :: _Bernice Sala 'Familv Exemotion 1 000 r:A'~A/1-_{9.tu-J~ :b--~ ~ ?I f)hAA JM ex_~ C-tJ ~I A~ 6os..._ VIA-&i--~ rtr.~:_,A_)yA_~ %.JIA-r:--J } a~dl? L~t;_,_A;(~ ~ ~ ~ ~ II_ ' ~ --~~ 1 'JA7LA' A/..(/.A.,J"'-1 L 1-...,~ It () COMMONWEALTH OF PENNSYLVANIA } COUNTY OF -~W~A~S~H::.:I::N!:.!.G=T-=O~N:...._____ filS: I, ------.J-Bu:e._..r....LD.LJJ.J' c..._e...._.lo!S~auJ'-'aL-______________ ,H£REBY CERTIFY, THAT. TO THE BEaT OF ,..y KNOWLI!:DGE AND BELIEF, THI!: FOREGOING IS A JUST AND TRUE SfATEMENT OF DEBTS, FUNE""=>jfl'.§~f~ES AND EXPENSI!:!I OF ADMINISTRATION suBMITTED To THE ESTATE oF Anthony Wojnar a/k/a Antoni DEcEAsED. As DEDucTioNs FoR d714 -~7~/ AND SUBSCRIBED BEFORE ME THIS DAY 01' INHERITANCE TAX PURPOSES. (L. 5.) --~~~~~~~------~~,8~ STEPHA:!A :10~1 \f . :•<ar:• PubliC Donur~ VI-"'·· •'' <-vU' •:·, o'a. "' vol.dill i _Ill r .... nif~J _..,,. .. ' Jan. ZJ, 1 J73 0~0- 75 0~0- 00 00 45 50 00 00 Q_Q_ o_a_ 07 00 00 50 20_ o..o __ S'tJ 3J P-() fZJ L 5[) I! ' ,) . ) '!> ., { )\) '' •' • 't J 1'. · .. /' , .. l,. ; .i '·' ' .. ;if:\ ' '• , .. i\ ~ .. .- ,11;):, \ ... . • ~.. . "; ;/ ' ... ;')) .... f ·\ : l '·' ! .. _ • I ... ) . . ) ~ ~) . I 'I 1 1 \ ~. \; ~l (' • . · ' ~ .... ~. .,. ' "t •• , '¥"'' \ '• 1 ' ..I.; .. 'I , . • •t. I} ,., 1: . '·. ... ... ·r· . ' . ~ .H:· . -~ Form RCC-10 .§.] P P L ~M ·E.N T A L "'-·-, -;Jt-3,yo f' ---.. -----------'1" . . • OF;FICE o=-THE .~ ~ ~u ~TEMENT OF DEBTS THE SUM OF . . . . . . . . . . . . . .......................................... • REGISTER OF WILLS 6-1/,~]V WASHINGTON cou~ ~J NO DEDUCTIONS OF ·~ ~ DA~ APPROVED~-... ~...... ..... .. ...... ' AND AGENT OF THE COMMONWiiAL • , .AAALcl Dl [A AliA'\ I ~ Register of WTIIs, A~.r ~lkla ANTONI WOJNARuonora 2 Pa. IT ESTATE OF ANTHONY WOJNAR LATE OF J DATE OF FILING APPRAISEMENT DATE OF DEATH Qctobex: l~, 1262 DATE NO. OF NAME OF VOUCHEIIt PAYEE REMARKS AMOUNT Jacqueline Hammond, Transcr ~pt of testimony of hearings of obje tions to Account, March 12, 19, 19 1 85 40 Barna and Barna, Attorneys ~=ee in regard to hearing of objections to Account and argument ot tne same b/~ IUU 760 40 lst:enhana Nonac_k, Notary Publ lie fees for Supplemental Inventory, Suppl ~mental Audit Petition, Suhplemental Deb tt:s & Dedu.ctions, and 3 00 In eritance Tax loaners 7,;~ Ld\ - COMMONWEALTH OF PENNSYLVANIA }ss: COUNTY OF WASHINGTON I, Bernice Saia EREBY CERTIFY. THAT. TO THE BE•T OF' lloiY KNOWLI!:OGE AND BELIEF, THE FOREGOING IS A JUST AND TRUE SfATEMENT OF DEBTS, FUNERAL EXPENSES AND EXPENSES OF ADMINISTRATION_ SUBMITTED TO THE ESTATE OF Anthon~ Wojnar DECEASED, AS DEDUCTION$ FOR INHERITANCE TAX !"URPOSES. & ,. .>4~ "/ CL. 5.) SWOR/7D SUBSCRIBED BEFORE ME THIS ~?:!:_ -~ ,/ DAY Of' Aori 1 L HI;!]; .._ Lk-I/? ~-"' .-A / ~ .,L_..(>'_ B---" / / s-:-EPHANA NONACK, Notary Public Donora, Washington ~ounty, Pa. My Commission Expires Jan. 29, 1973 " .... R C C-81 (2.-64) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS INHERITANCE TAX DIVISION . . .. .. IN YOUR REPLY PLEA8E REFIER TO 38-17-9 NOTICE OF FILING OF APPRAISEMENT BERNICE SALA In Re: Estate of _____ A_N_;,T_H_O_NY __ \v-=O~J_;:;NA=R~----- ____ 1·_vA_S..::.H~I;.:.N;..;;;G..::IJJ;..;;;@..::..:N _____ County -File No. 63-6 9-1 20 7 Dear :Mrs. Sa1a You are hereby notified that the original appraisement in the estate of Anthony \vo jnar has been filed in the office of the Register of Wills qf T,Ta shi:Rgto:R: County on July 22 , 191.0... Said appraisement reflects the following valuations: Real Estate -----~6_,., ..... 5u.O.LJO.L.A... ~O..lo.OO:....__ __ Personal Property __ ~S~:w3~5~1~·~8Q4~--- Transfers _________ ~~--------~-~ Total ____________ ~1~1~,~8~5~1~.~8~4 ____ _ 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 one year from date of death', interest at the rate of six (8%) percent per annum is charged. Any party in interest who is aggrieved by an appraisement may appeal therefrom as provided by law. J Signed~~~~~~~~~~~~'-~~ Title W.R. CHANEY. SER DATE OF DEATH: October 14, 1969 Note: This is not a bill. ., RCC-39 (5-68) COMMONWEALTH OF PENNSYLVANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT \ / 1. I ~t • ; 'r SUMMARY Estate of 1ID INAR, ANTHONY DATE OF DEATH 10-14-69 FILE NO. 63-69-1207 l (Last Name) (First Name) (Initial) REPORT OF INHERITANCE TAX APPRAISER I, the undersigned duly appointed Inheritance Tax Appraiser in and for the County of Washington Pennsylvania, do respectfully report that I have appraised the real and personal property as reported in the foregoing return at the values set forth opposite each item in the last column to the right in Schedules "A", "B", "C", and "E". Dated: ___ _,0"'-?L..:-=-· ..._2g2=-.... 7~0~--- 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. Dated: _______________________ _ REGISTER OF WILLS 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 11 851 84 annuities . . . . . . . . . . . . . . . . . . . $-------+-- ESTATE TAX ASSESSMENTS $ --------'---- Tax on$ A Tax on $ -------------+----~ Tax on$ 5% Tuoo$ lK Tax on$ 15% $--~~----4--$ _______ -4--- $---------4--- $ ________ ~--- $ ___________ -+---- VALUE AS REAPPRAISED $ ________ ~-- Exemptions * Total Estate------------'---- TOTAL TAX $------------~--- (*) 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 $========== BALANCE OF INHERITANCE TAX DUE $ ------+--- Add interest at rate of 6% from --------to ------- AMOUNT OF ESTATE TAX ASSESSED $-------1--- Estate tax paid $ ______ ___,~ __ BALANCE DUE Add interest at rate of 6% from ---------~·0----- $---------~---- $----------~- TOTAL TAX BALANCE $ -------+---- PAID $~-----L-- 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 t No. IN THE Year .......... .. MATTER OF THE APPRAISEMENT OF THE ESTATE OF . . N.KXXNMX .. ANTHONY . WOJNAR .. Deceased Late of . DONORA County of 'vASHINGTON Commonwealth of Pennsylvania REPORT AND APPRAISAL • ' ' ' i Form RCC-2 I . DATE .......................... J.ul.y ...... 2.2 .. , ...... 1.9.7.Q ...... . DEPARTMENT OF~REViN"UE BUREAU OF COUNTY COLLECTIONS HARRISBURG, PENNA. 1 7 1 2 7 COMMONWEALTH OF PENNSYLVANIA RESIDENT INHERITANCE TAX APPRAISEMENT ~.. . . ... . I ::. ~:-:·~!::~:~~~;~-: Whereas, ............................ .A.n.t.h.Q.J1Y .... W9.jn.~.r. ............................................................. late of ........................... P..<'..P.:.".T.?.-.......................................................... . in the County of .............................. J~~V.~.~.h.~~-g~ .. C'..~ ........................................................ Commonwealth of Pennsylvania, having died on the ................................. l4 ..... th .......................................... day of .............. .O.c..t.Qb..~.:r. ................................... 19 .... 6.9.., seized and possessed of an estate subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania; Therefore, I, ........................ W.~ .. R ....... Chane.y ............................................................... , 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. Description of Asset REALTY: See conv of Schedule @A" attached to appraisemen~ PERSONALTY: See copy of Schedule "B" attached to appraisemen~ Total Unit Values $ Appraisement Made for Inheritance Tax Purpoaes 6,500 00 5,351 84 11_.851 84 ... WASHINGTON... county RESIDENT INHERITANCE TAX APPRAISEMENT Estate of ANTHO:NY \vOJ NAR Deceased. Late of ....... DONORA ...... . Date of Death, ...... O.ct.o.b..e..:r..l4.., ..... l..Q6..~ ........ . Appraiseme1!f Docket Vol., .................. .3.8.. ........................ . Page, .... 17.::-: .. 9 ......................... No .. 9..~.::-:.9~::-:.17..0..7.. .. . Filed in Register's Office, .. July ... 2.2 .. ,.:J9 ... 70 Amount of tax due, $ ................................................................. . DEPARTMENT OF REVENUE Received, Examined and Approved, Wrote abaut Appraisement, Appeal f1'om Appraisement, Entered and charged, ·' ' . • o\. ~ • .""' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY PENN • . I IN RE: ESTATE OF :$ z ~ANTHONY WOJNAR, > 01 z . ~ ANTONI WOJNAR, II. i e Deceased. C) z i 01 ORPHANSi' COURT DIVISION a/k/a ) ) ) ) ) ) ) ) ) No. 12 0 ~ :Of -1,9 6 9 ...,.. r '' --. (f) •D C:: :r-en -· p ;.,·. z -· .. { ""\ ,. r· ---{ :. -:') .... , \.. ·-. ....... C.> • : ; -~-,, -or-. I ' .... ~ ... I ~ ..: u HEARING ON OBJECTIONS TO AceOUNT . ~ Q ... :$ u Ci BEFORE;. ~ . I. ~ "' ,. . PPEARA NCES: ... < i3 ii: ... 0 TIME: THE HONORA BEE P. VINCENT MARINO, Ju"'u'..cr of the said Court. OLIVER N. HORMELL, ESQ., of California, Pa., representing the Objectants, Charlotte Szerszen and Jeannette Bury. BARNA & BARNA, ESQS., of Donora, Penna., repres ehting Bernice Sala, Executrix of the Estate of Anthony Wojnar, Deceased . " Friday, March 12, 1971, at 10:00 o'clock A.M., E. S. T. 2 • ;..:~.\. .. '·, ¥ •..... ............. "f'. ....... ,.\&,'! ... I N D E X WITNESS As on Direct Cross Redirect Recross Cross BERNICE SALA 13 46 81 94 e STANLEY SZERSZEN 96 98 CHARLOTTE SZERSZEN 102 106 109 ~ . z <( ~ JEANNETTE BURY 110 115 133 >-~' ' ~-BERNICE· SALA 134 143 II. i ~ JOHN WOJNAR 145 156 z i Ill MARY FRANCIS 163 <( 3: .,: ROSE MARY RESOVICH 168 173 u 175 a: 1-.. Ill c JOSEPH SALA 176 193 e .J . <( ' § c CHARLES SALA 205 210 :I ., :r 1: BERNICE SALA 222 229 235 235 N ui . a: Ill CHARLOTTESZERSZEN 236 238 242 1-a: 0 II. Ill a: 1-a: :I 0 u -· .J <( 0 ii: .... II. 0 . ' , e --- EXHIBITS Objectants' Exhibits: A -·Photostat copies of bank .records from Mellon National Bank & Trust Company. B-Photostat copy of Certificate of Title to a Motor Vehicle. C -Verification of Pennsylvania Taxes For Education. ~ z ~ D-Itemized list of furniture, dishes, rugs, etc. from the home of Anthony Wojnar . .I > Ill z z ~·· E- i o· .... t!l z x Ul o( . == ~ iil ... Letter to Mr. and Mrs. Stanley Szerszen from Chuck Sala. !!! Estate's Exhibits: 0 ----------------~ Coroner's Certificate of Death for Anthony Wojnar. Receipt from Dom 's T.V. & Hi Fi Center . .• Letter dated March 19, i971 to Paul N. 'Barna from John J. Dougherty. Pho'tostat copy of safe deposit access slip. -------~----------------------- 4 THE COURT: Gentlemen, the Court is ready for our proceedi1 g. MR. BARNA, SR.: If the Court please, I think counsel should possibly discuss and see what is involved here. I am not clear on the issues. Our Court rules require if objections are filed, reasons should be given. I see no reasons in any of the objections And maybe some of this could be simplified or reduce--the issues that are involved. If Mr. Hormell is willing to tell us what the issues are, why, maybe we can cut this hearing short or shorter. THE COURT: Do we have any comments on that, Mr. Hormell? MR. HORMELL: Yes, Your Honor. First of all, I think the Petition itself, the objections to the account set forth what the issues are. And they are relatively plain. This Executrix has not complied with the law and has not reported all of the assets / . in her possession. That is the first thing. Secondly, more specifically, paragraph four, the transfers m·ade belong in'the residuary part of the estate and do not belong where the Executrb claimed they belong. ThirtHff, there is going to .be a contest on the contents of the safety deposit box and what was involved there and whether ar rot we have a true reflection of what happened. And fourthly, there is going to be a contest about whether or not the amount of cash which was reported in this decedent's estate is accurate. Now that's just three or four issues, Your Honolr. There probably will be others that develop but I think that should 5 satisfy Mr. Barna. MR. BARNA, SR.: No1 I'm not satisfied with it because we'll take i --- let's start from the beginning. Paragraph Number 1, the Accountant has famed to include among the assets of decedent's estate an automobile. Now we want to know just what you intend to prove about the automobile, what y0ur contention on that automobile is. o( z ~ MR. HORMELL: We contend that at the time of his death the Ul z ~ decedent owned an automobile and you didn't report it. And it D. i ~ is part of the assets of the estate. z x i MR. BARNA, SR.: Well, I don't think it's quite right. On your ti it ... Ul Q ~ u Number 2, is the furniture. Now we ought to have some evidence of whether the furniture is worth anything or not. ·' g MR ~ HORMEL L: You will get that evidence. That is a matter of ., ~ N ui a: E 0 D. Ill a: ... a: ~ 0 u ..I o( proof and that is a matter of testimony which can come both from your Executrix and from the witnesses I have in Court. And I intend to show what the furniture was and what it was worth and what the people are willing to pay for it. u ~ MR. BARNA, SR.: I even wrote toyou about it and I discussed that 0 with your clients before you got into the case and we offered to give them any furniture they wanted. So why should we burden the Court with 20 or 30-if,ear old furniture here? When we offered to give it to them if anybody wanted it, in reading the will; and in my letter of August 7, 1970, I told them anything they wanted they can have it. I don't think we ought to burden the Court and clutter the record here with 20 or 30-year old furniture as to any values. Now on the cash money, there ought to be some reasons why you say that $319.00 is not correct. You didn't give us any reason. MR. HORMELL: We are going to give them in testimony. c MR. z ~ )o Ul z z Ill IL ·z BARNA, SR.: The Court rules set forth you are to set forth your exceptioris. You haven't done it. Item Number 4, you've got a $5, 000, $7, 000, your clti:lre;mi1B took $2, 000 apiece of that money. ~ MR. HOR MELL: May it please the Court, I don't propose to z % i try this case by arguing before the Court with Mr. Barna. I am prepared to proceed now ,to take each of these objections and with admissable proof, prove. our objections. I think this is just was tee time. :z: ~ MR. BARNA, SR.: ai There ought to be reasons. That's the reason 0: ~ 0: 0 IL Ill 0: ~ :I 0 u .I <1: u ii: IL 0 the Court rules are given. You should give us a reason so that we can be prepared to meet in advance, what your reasons are. Now if you are, and you've got to admit that your clients, your two clients received $4, 000 of this money and there is no allegati< n of any forgery anyplace in these exceptions or undue influence or anything of the kind. MR. HORMELL: ~t the time these objections were filed, Your Honor, I was in a rather unfortunate position. I didn't have the proof which I have in my possession now. At thB time this matter was br:Oli:l·/5Q.t up for audit, I had told this Court that I wanted 6 -------------------~-----. 7 photostatic copies of certain instruments, which would prove certain things. I have those instruments. I was not fortunate e•ough to have them when these were prepared or I would have attached them as part of this petition. MR. BARNA., SR.: You have plenty of time to amend. What I mean, I don't want to get into two days of testimony here on thing~ that are irrelevant and not set up according to law. THE COURT: Mr. Barna, you may make your objections on the specific items that counsel proposes to prove by his witnesses when they are called. We will permit counsel now to initiate his testimony and ~f there are any proper objections we will consider them as they are made. You may call your witness, Mr. Hormell MR. HOR MELL: I call Bernice Sala as though on cross examinatlm. MR. BARNA; SR.: We object to that. Bernice Sala is one of the devisees in this will and a devisee or a husband of a devisee or ·wife are not competent underthe Dead Man's Rule to testify. THE COURT: The objection is overruled. The witness is being called as on cross examination. And we will permit that, and of course, if there is any inconsistency under the Dead Man's Ru e, the fact that she is called as on cross examination will, of course waive that for both parties. The objection is overruled. You may call the witness. MR. BARNA, SR.: May we have an offer, Your Honor? THE COURT: All right. ~ z <C > ..I >-01 z z Ill D. i e " z :i: Ill <C ;:: .,: u iii ... MR. HORMELL: May it pJ.e:ase the Court, I propose to prove by this witness that she fraudulently obtained custody of an automobil and that she lied to the State Government on a Certificate of Title; that she had access to the safety deposit box and took therefrom assets of' the decedent which were not reported; that she collusiv=eJy attempted to deprive my clients of their rightful inheritance by allegedly stat~ng in Inheritance. Tax Returns and in the Inventory that certain transfers were made to certain children prior to his death. When actually these transfers were not made. That she committed perjury by making certain averments in the instrument filed before the Court, none of which are true. !!! c ~MR. BARNA, SR.: Which instruments, particularly, Mr. Hormell. § c :I .., ~ MR. HORMELL: RCC-62 was sworn,and subscribed to by 'her. til MR. BARNA, SR.: ui What items are you objecting to? a: Ill ·~ 0 D. Ill 0:: ... a: :I 0 MR. HORMELL: We are excepting to the general category of personal property, with respect.to not reporting all of the assets . ~ MR. BARNA; SR.: Specifically, what assets? <C u ii: IL 0 MR. HORMELL: The automobile. MR. BARNA; SR.: What else? MR. HORlVIELL: The fact that $319.00 in cash was not the corre t amount. And the fact that the savings account in Mellon National Bank and TW:Jst Company was not correct. And the fact that she d d not receive any custody of the Social Security lump 'sum benefits. MR. BARNA .. SR.: You say custody of lump sum benefits. Well, it's 8 ------------~---------------- I 9 accounted for1 is it not, the lump sum benefit? MR. HORMELL: Mr. Barna1 you asked me to state my objectiom and I am stating them. Then transfers within two years prior to death. Most specifically, the transfers on August 11 1969 ostensibly made to grandchildren; and a transfer on January 31 1 1969 suppos :;dly made to John Wojnar; and a transfer of which we have proof made withint twoyears prior to death which is not listed on this return made to Joseph Sala in the amount of $1 1 000. MR. BARNA,. SR.: ' You don't have any objections on that $1, 000 to Joseph Sala.. There are no exceptions to that i_n your pleading~ . MR. HORMELL: Oh, yes there is . MR. BARNA., SR.: Where? MR. HORMELL: · That $1 1 000 is included in the sum of $5 1 000 in paragraph foyr. And I ind]~cmre the sum represm ted thereby should be part of the residuary estate. MR. BARNA, SR.: You talk abou.t the $1 1 000 allegedly transferred to John Wojnar. You did not say anything about a $1 1 000 given to Mr. Sala. Now let's--- MR. HORMELL: I'm sorry about that. I just told the Court that at the time these objections were made I did not have the advantage of having the records which you told me I'd have to have a subpoe a t? get. Now I have those records. MR. BARNA,:SH~: No. You gave ----we gave consent to the bank t give you the records. '-<1: z MR. HORMELL: Mr. Barna, you referred a moment ago to a let er that l}Ou had written to me under date of August 7. MR. BARNA., SR.: Yes. MR. HORMELL:. In that letter you said to me, January 31, 1969 transfers amount to $7, 000 and you may subpoena the bank recor s to ascertain the facts. ~ ..1 MR. BARNA, SR.: > If you didn't believe us, yes. Ul z z Ill D. i e " z i Ul • <1: ~ ti ii .... Ul c .I <1: § MR. HORMELL: If he is objecting to that, Your ·Honor, I move to amend paragraph four to include the averments of $1, 000 to Joseph Sala, of which Mr. Barna had notice, because the very instruments to which I refer were sent to me by Mr. Barna. And he'd have to have seen them before he sent them to me . g MR. BARNA; SR.: There was no objection to it raised in the "' ~ N ui 0: ~ 0: 0 D. bl pleadings and we try cases on pleadings. That's the basis of our suits£. o: THE COURT: .... 0: :l The motion to amend the pleading is perm~tted; 0 u .I <1: .o exception noted. You may call your witness, Mr. Hormell. ~MR. BARNA, SR.: If the Court permitted the mb:tion to am~nd his 0 exception to the $1, 000 to Mr. Sala, then we move to amend our RCC form to show that $1,000 as a gift during the lifetime of the decedent. ·THE. COURT: That amendment is also permitted. MR. HORMELL: Do you have the original papers here? Is that the R CC? The Inventory and soforth, are they all there? May it 10 1 1 please the Court, I would like to have marked as exhibits the copies which I have or which were given to me of the various papers filed with the Register of Wills.of which you have the originals. for ease in reference to what we are talking about and for the Court. The first thing I'd like to have marked is the copy of the Inventory which was filed. BARNA, SR.: We think the original papers are the real evidence. I don't see the necessity of marking again copies and! cluttering up the record with copies. The originals are in Court. HORMELL: My reason for that. Your Honor. is that I intend to have each of these items indicated and marked with a letter or a number and thereby be able to create a good, clean record. I don't want a messed-up record in this case. And further I don't feel that the actual papers filed should be out of the. custody of the Cl~rk of the Orphans' Court or the Registerof Wills. And this makes it much easier for the Court and I think it is quite proper. BARNA., SR.: This is not a lengthy case or estate. There's very few items. I don't see the necessity of it. I think we are just cluttering t:i.p the record with a lot of chaff. THE COURT: The Court can't see where it is necessary to use anything but the originals in this matter. The fact that we use them here at the hearing is not going to disrupt our records in any way. And they are immediately returned to the Clerk after we use I 12 them here. We see no necessity for marking copies or for mark'ng the originals. You may refer to the original and I think we can keep trad; of all the items in the originals. MR. HORMELL: Mr. Barna, would you agree that that is what e you sent me? <MR. BARNA, SR.: We sent that to you. z < > ~MR. HORMELL: I'd like to have this marked as an exhibit then Ol z z please. bl II. i 0 !; THE COURT: Is that a file paper, Mr. Hormell? z i Ol ~MR. HORMELL: No, sir. It is photostatic copies of signature cards, checks, bank statements and soforth, furnished to me by Mr. Barna. (Stenographer marks Objectants 1 Exhibit "A 11). MR. HORMELL: I am now going to ask Mr. Barna to stipulate with me that what has been marked Exhibit 11A 11 are correct copieE of what he sent to me as being photostatic copies of the bank records in this cas e . MR. BARNA, SR.: Which were obtained from the bank. MR. HORMELL: Which were obtained from you, which you obtained from the bank. MR. BARNA, SR.: Wait a minute. We will stipulate that the Exhib 't "A 11 is a photostatic copy of a letter which our office sent to Mr. Hormell and that the attached papers are copies of papers we receiveu lru~~~u~o.a~c;L~=-~----------------------------------~----- ·e e Bernice Sala 13 MR. BARNA, JR.: They are the exact papers we received from the bank . MR. BARNA, SR.: The photostat is the one we received from the b~ nk. MR. HORMELL: And I move the admission into record, into q evidence of Exhibit ''A". MR. BARNA: First, we think there ought to be some proof of :!: z ~ what you are objecting to it or what issue you try to raise out of .J > Ul z z Ill II. Exhibit "A 11 , for what purpose? ~ THE COURT: We will defer our ruling on the admissability 1-" z ~ of the exhibits until we hear testimony concerning same. < ~ .,: ll ~ 1-!!l c .J .. < ij 0 :I .., :t /::. N IIi D: I!! BERNICE SALA IS CALLED AND SWORN. D: 0 II. . ~ BY MR. HORMELL AS ON CROSS EXAMINATION: t :I 8 Q What is your name please? .J < ~A Bernice Sala. II. 0 Q Where do you live? A 643 Sixth Street, Donora. Q How long have you lived there? A All my life, which is 40 years. . Q You are the Executrix on the estate of Anthony Wojnar of 643 Sixth Streit, Donora, areyou not? Bernice Sala 14 A Yes, I am. Q When did Anthony Wojnar die ? A October 14, 1969. Q Where did he die? A At Montefiore Hospital. < Q What was the cause of his death? z ~ A ... >-Well, cancer of the throat was on the Death Certificate. The cause Ul z z Ill a. of his death is on the Death Certificate. i ~Q 1s there any cause that you know of that wasn't on the Death Cer- z x Ul ~ tifl.cate? .,: u A a: No. 1-Ul Q Q e ... o( u You have in your hands an Inventory which was filed by yourself,· Q ;:) ., do you not? :1: 5 A ai a: Ill Q 1-a: And that is the Inventory you filed in this estate~ is that correct? 0 a. Ill a: A 1-That is correct, sir. a: :;) 0 Q u ... That is your signature there, is it not? < u A ii: ... Yes, it is. 0 Q Now before that signature it states there that you swore that what e you put on here are true and correct, doesn't it? A Yes. Q You did do this under oath? A Yes, I did. Q And you did it before Stephana Nonack, is that right? ,--------------,~---------- 1 - Bernice Sala 15 Yes.· On June 27, 1970, is that right? Is that true? Yes. Let me see the RCC form please. Now, Your Honor, you see the reason why I wanted to introduce these exhibits because Mr. Barn~ now tells me that I have a paper which he gave to me which he didn't file. MR. BARNA, SR.: Your Honor, the RCC forip--- first, without thinking about the value of the proper real estate we thought that it came under the $10, 000 · provision. After we got into it deeper we realized tha the estate would exceed $10, 000 and we should u~e the longer form. So although Mr. Hormell wanted whatever he had in our fi"Ies, we sent a copy of the short form, but we actually filed the long form. THE COURT: You sent a copy of the form that was actually filed? MR. HORMELL: No, sir. MR. BARNA,. JR.: We sent them the first one. THE COURT: Was there another form filed? MR. BARNA, SR.: The long form, .. Your Hon< r, yes. But we never filed the short form because we o( z ~ )o Ul z z Ill II. i e C) z i Ul ; t ~ Ul Q .I o( u Q :I ., 5 ai II: ~ 0 II. ld II: .. II: :I 0 u .I o( u iL IL 0 1 6 caught our mistake in time before filing. THE COURT: Does Mr. Hormell have access to the long form which was filed? Will you gi e him that? MR. BARNA, SR.: I don't thiP.k he ever aske for it or we never thought about sending it to him. There's no purpCE e of trying to delude him or any- thing of that kind. It's just one of those things. THE COURT: You sent him the short form; the short form was inappropriate. You filed the long form. Now why can't he look at the long form? MR. BARNA., SR.: He can use the long form. There's no question about that. THE COURT: Go ahead and let him lool\ at it. That's what you're ,referring to., the long form c r the short form? MR. HORMELL: Yes, Your Honor. I asked Mr. Hana to get me out of the original. records a copy of this form. And it wasn't there. And that is the reason I now would like to have this marked Exhib t "B" and put it into evidence to refer to. That is the only indication I have of what was done in this case. MR. BARNA, SR.: Was the rn:aterial I have--- are there any differences between the two forms? 17 MR. HORMELL: I don't know. This is the first time I've ever seen this form. MR. BARNA, SR.: You'd better find out before we clutter up the record. MR. HORMELL: If the Court will grant me a few minutes here I will check his long form through and see if they are the same. THE COURT: We are not going to mark as exhibits file papers which are accessible to couns e , and which we have in Court. Those file papers are used indiscriminately by both counsel. They are in the file and we do not wish to mark them ·as exhibits. We can refer to them by the title of the form, whatevEr it might be. I do not take issue with that ruling, Your· Honor, ·arid I agree with that. This was not part of the papers. I was led to believe that it was, but it isn't:· THE COURT: q You have the form now. MR. HORMELL: Now I will take it and lock it over and see whether there is any reason for objecting. MR. BARNA, SR.: It's the same, isn't it? MR. HORMELL: Did you file a claim for 1 ----------..--------------- 18 debts and deductions? MR. BARNA, SR.: Did we file---- MR. BARNA, JR.: Yes. MR. HORMELL: That's not here. Is it in e those file papers there? Where is this item of sevent lr- <( seven twenty five? z <( > ... >-MR. BARNA., SR.: ·Admini~tration expenses; CD z z Ill II. that includes the Letters of Administration. the adver i 0 .. " z tising. filing inventory . i: Ill <( := MR. HORMELL: Is that all of the items on t-= 0 ii: here down to but not including your attorney's fee? .... Ill 0 e ... <( § MR. BARNA;SR.: ·I'm assuming it is. I . c :I ., haven't counted but I presume ·u is. How about the :1: 1:: "' notary fees? ai 0: Ill .... 0: MR. HORMELL: I don't know . 0 II. Ill 0: .. MR. BARNA~ SR.: You're going to have costl . a: :I 0 0 .I MR. HORMELL: Your Honor, I think that <( u iL ... probably all of the items in the RCC form which he 0 e gave to me are either included in the RCC-39 or the Statement of Debts and Deductions. But they are a little mixed up and I assume that Mr. Barna's item of seventy-seven twenty-five will match these figures. THE COUR'if: Very well. MR. HORMELL: Mr. Barna, what was the -------1 ~ z < > ..I > rn z z Ill II. i 0 .. 1!1 z i Ul < :;:: .,: u ~ .. Ul Q e ..I < § Q :J ., :t t:: til ui Ill: Ill .. Ill: 0 II. Ill Ill: .. Ill: :J 0 u ... < u ii: ... 0 -------1 Bernice Sala 19 date that you filed this RCC form? MR. BARNA~ SR.: I don't have it listed. It's stamped on there. Isn't there a stamp on the bad< of it? MR. HORMELL: I don't know. MR. BARNA., SR.: July 22, 1970 is the date on the outside of the form. I don't know if that is correct . . or not. We doh't -get a receipt for that. MR. BARNA., JR.: Yes, we do . MR HORMELL: . Mr. Barna, I have a letter from you <;fated September 10, 1970 which would be after you had filed this form~ Is that correct? These papers that we got from the bank., copies of the bank records, you gave to me after this was fil'€d, is that right? MR. BARNA; .SR.: You only asked for bank records, Mr. Hormell. And we gave you what we ha on the bank records. You didn't ask for--- MR. HORMELL: I'm not arguing about that. I'm just trying to get the record straight. MR. BARNA_, SR.: MR. HORMELL: bit. This is true, isn't it? What is the issue? in We'll get into tha1/a little .-------------------- ' ·, -----------------------------------------~r-----. B e rnice Sala 20 MR. BARNA~ SR.: That is the date on there, September 9~ when we wrote it. MR. HORMELL: Which was after you had filed this Petition. MR. BARNA~ SR.: I don't know whether we p t this date of filing or whether the office did that. It does bear; a date of filing·in the Register's Office, July 22, 1970. MR. HORMELL: What is the date on here, June 10? MR. BARNA., SR.: I don't know. MR. HORMELL: Will you read tha:t, Mr. H~na? The point, Mr. Barna, is that you had fil~d that RCC '" form at least two or three months before you gave me . these bank records pursuant to my request. Is that '? true. MR. BARNA~ SR.: Yes, because you asked f< r bank records. You didn't ask for the remainder. ! MR. HORMELL: I am just try~g to es tabli. h the sequence of events, that's all. MR. BARNA; SR.: I'm puzzled on the cogniz< nee of the issue that you're raising. MR. HORMELL: You won't be shortly. Bernice Sala 21 CONTINUED EXAMINATION BY MR. HORMELL: Q Mrs. Sala, I want you to look at the statement of debts and deduct· ons 1 A .,: ~Q 0: .. Ill 0 .I <( ~ Q :J .., ~ N ui 0: which was filed in this estate. That contains your signature, doesr 't it? Yes. You swore that everything on there was true, didn't you? Yes, I did. You were doin'g this in your official capacity as the Executrix on this estate. Yes, I did . Now I show you now a form that is called RCC-39 (5-68), which is C;l report for Inheritance Tax purposes, to which is attached a Notice of Filing, and to which also is attached.a form RCC-33. 1 Do you see that? ~A Yes, I do. 0: 0 Q, ~ Q Did you file this ? .. 0: :J 8 A That's my signature, yes • .I o( u ' ~ Q That is your signature on there. And you swore that everything 0 in here was true and correct? A Yes, I did. Q And this is the accurate information that you are giving to the Coui t? A Yes. Q ~ow will you show me on there the automobile? A Well, I can tell---- Bernice ~ala •v1 ----------~~------------------------~~~~~L---------------------------;~ Q Just show me where the automobile is. And ifyou can't show me just tell me it's not there. MR. BARNA; SR.: We will stipulate that the autd>mobile is not included in any of the papers in this e case. c( MR. HORMELL: I don't want any stiputatio . z c( > .I >-MR. BARNA,· SR.: Wh.at ·do you want, a Ul z z Ill D. persecution or just what do you want? You want the i e I!) z facts, don't you? % Ul c( 3:: ~ MR. HORMELL: Yes, under oath; not by ..: u iii your stipulation. ... Ul c e .I c( ij MR. BARNA, SR.: If you can't take my word for it and my stipulation.then ym1'd better stop practic'ng c :I ., :1: J; Lll law. ui rt: Ill ... rt: 0 MR. HORMELL: Mr. Barna, you are not tl e D. Ill rt: ~· one on the stand. :I 0 -u .I MR. BARNA, SR.: I am representing the c( ij iL ... Exec.utrix and we are willing to stipulate that the 0 automobile does not appear in any of the papers which e were filed. THE COURT: Gentlemen~ it is only prof er for counsel to address their remarks to the Court. We are not going to fill this record up with questions and answers and arguments of counsel. In the first place, Rernice Sala 23 you don't have a jury here. And ifyou think your arguments are impressing the Court1 you are mistaken because they are not. Now let's stick to the points anc let's address our remarks to the Court. I am going to order this reporter to stop taking the remarks of counsel that are addressed to each bther. The only o( z o( > .I >-thing we want on this record is remarks that are Ul z z bl II. addressed· to the Court. Now we had an offer by Mr. i 0 1-C) z Barna to stipulate that in the various records that we % Ul o( := have here and that this witness is referring to there L ..,: u ii not included an item of an auutomobile. And he wishes 1-Ul to stipulate to that. If opposing counsel has any objec ion c .I o( u c :I ., . to that he will make his rem arks to the Co1lrt. . ' :1: ~ 01 ui MR. HORMELL: The ,stipulation is not 0: bl 1-0: 0 complete; Your Honor .. It'does not state at what time II. bl 0: 1-the stipulation is to take ·place; i_t does not stipulate wh t 0: :I 0 u .I the veh!bcle was, the type of vehtcle, the value of the o( u ii: II. vehicle. 0 e THE COURT: If you are going to show tl at by this witness then you can ask those questions. MR. HORMELL: I am going to ask this witness if she knows those things. I don't know whethelr she does or not. THE COUR t.I': You may proceed and ask per. Bernice Sala 24 CONTINUED EXAMINATION BY MR. HORMELL: Q Mrs. Sala, you have in your possession the report that you filed to the Court and it does not show an automobile. Isn't that true? A That is correct. Q As a matter of fact, your father had a Dodge Sedan at the time he <( died, didn't he ? z <( ~A )o No, sir. Because he had ,given it to my son duriigg his lifetime. Ill 2: ~ Q When did he give it fo your son? i ~A Around Easter time of '69. And he signed th!: title over to him z i Ill <( == and ga v~ it to him. ~ Q I'm sorry ? ? 1-Ill Q A .I <( He signe'd the title to the car, gave it to my son and told all of his u Q :I children that he had done so. ., :1: 1:: Q "' That was in Easter of 1969? ui II: Ill A 1-II: Yes, sir. 0 II. Ill II: 1-II: :I 0 • (Stenographer marks Objectants' Exhibit "B'1). u .I <( u ii: Q II. Mrs. Sala, I am going to show you what 'has been marked as 0 Objector's Exhibit 11 B1', which is indicated to be a Certificate of Title to a motor vehicle, a Dodge Sedan, titled in the name of Antoni Wojnar, 643 Sixth Street, Donora, Washington County, Pa. A Yes. Q Is that the title certificate to the car we are talking about or a -----------------.------- Bernice Sala 25 photostatic copy of it? A Yes. Q On page 2 of this exhibit, your signature appears. Is that your A ~Q z ~ 01 z ~A II. i 0 ~Q z :r ~A ~ ai a: Ill A ... a: 0 II. Ill a: Q ... a: :J 0 0 ... ~ u ii: ... 0 A Q A signature? Yes, it is. And it appears again under Purchaser's Application For Registrat on Plates. Is that your signature? Yes. Above your signature appears the signature of Antoni Wojnar. Yes. That is the signature of your father? Yes. Now you told us this car was given to your son around Easter, 1969, is that right? . Yes, it was. May I tell--- Just a minute. Now according to this paper here, your father appEared before a notary public four months after he was dead and signed his name on February 25, 1970. Is that what that says? That's the date, yes. That is what it says. And also, this says here that you are the purchaser of this car and you have that down as four months after your father's death . .Ls that right? Yes, it is. Q Now you were telling the Commonwealth of Pennsylvania that you Bernice Sala 26 were buying this car from Anthony Wojnar, right? Is that right? A No, I wasn't, Oh, well, according to that, yes. : ........... ~~~~·.il.<·~· ... ... ...... l .. \ ~!!):, ;.!l--~.·., ,_. . Q According to this, that's right. And you got a title certificate, didn't you? e A Yes, I did. <I:Q Do you have it with you? z <1: ~A > The title certificate? Ul z ~Q To this car. - i eA ., You mean the title to the car? z :r ~Q 3:: Yes. .= !:!A a: You know, I don't, but I do have a----when it was done at the ... Ul Q .I notary pub.lic, this is what was sent <1: ij §Q ., I see. Would you look at that, Mr. Barna? % /:: Ill ui a: (Stenographer marks' Objectants' Exhibit "C"). Ill ... a: 0 II. Ill D:Q ... Now you just took ou~ of your purse a paper which is marked a: :I 0 u .I Verification of Pennsylvania Taxes for Education, which we have <1: ij ii: II. marked Exhibit "C". Is that correct? 0 A Yes, sir. Q Arid that is what you received from the Commonwealth,· right? A Yes. Q · Who does it say the purchaser of that car was? A Bernice Sala. Q When does it say the car was purchased? Bernice Sala 27 A February 25, 1970. Q The title number and the manufacturer's numbers are both indica ed A Q A :! z ~ Q ). Ill z ~A a. i eQ CJ z i ~A 3:: ~ Q ~ Ul a A ... o( § g Q "'I ~ N ai 0: ~ A 0: 0 a. ~ Q ... 0: :I 8 A ... o( 0 ii: ... o- on here, is that right? Yes. As the same as on the title certifficate. Yes. Now under Item eight it says. th"is was a gift, right? Yes. To you, right? Yes. But in your testimony you said it ~as a gift t~your son, right? Yes • Now all of this was done four months after your father had alread. been deceased. That's· ;sight. So we know that he· didn't sign these papers after he was dead . May I explain why it was signed? THE COURT: You may. A Well, my father signed the title, gave it to my son, and he had gone down to the notary public and they said that somebody would have to come down with him because he was not of age. THE COURT: Who wasn't of age? A My son. So when my father signed this title over, he said as long as you have this signature, you can use this anytime you want. Bernice Sala 28 You can do this anytime. So beil'lg that I never went down to do it1 I did it in February because· the insurance was due and my dad had already died, so I just waited until the insurance was due again and then I changed this over. And the notary pubt~ advised me to ' e put it in my own name. I told her what had happened and she c( said, well1 it would be better to put it in your name but it was a z c( > ... > gift from your father. A_nd my -f~~her also stated to some friends Ill z z Ill II. of mim~~ some neighbors,· his own childr_en, that he gave this i e Cl car to my son and they all knew this. < z i Ill c( ~ THE COURT: All right. .,: !:!Q It &tin vi~w of all of this you still lied to.the Commonwealth of ... Ill Q e ..... c(' § c ;:) Pennsylvania when you made the application and you said---- MR. BARNA_, SR.: If the Court please, we .., 2: ~ N object to the. word "lliee". ·· Here is a woman that ui It Ill ... It . depe:qded upon the notary public's advice. We all know 0 II. Ill It ... th~t notary publics are not lawyers. And if there is It ;:) 0 u ... a technicality of letti~g it ru~ until the insurance ran c u ii: ... out~ we can perceive the differences here. I think 0 counsel should be honest to the Court and tell the Cou t e what is involved here. It involved a Dodge Sedan I originally titled on May 17, 1949. MR. HORMELL: It isn't merely---pardon me. May it please the Court~ it's not merely a matter here of reporting assets. I am trying to show a patter~ HernicP ~ala 29 of conduct which when we get into later, will show that this scheme here to avoid paying Inheritance TaxEs and avoid other things was similarly applied with $5~ 000 that belongs to my clients. Now I think I am perfectly entitled when this woman is on the stand to ask her any questions and when I point out an inconsis ency or I:-show th:;tt she is testifying to two different things ',. at two different times~ I think I am entitled to do that. THE COURT: You have already done it. She has answered and the Court, I think, is fully cognizent of the sigu:athcures We are putting too much ., time on these rna tters. (Continued. examination by Mr. f:!~rmell): ~Q Mrs. Sala, how many rooms are in the house that you have? Ill 1-II: ~A Seven. · Ill II: 1-~ Q 0 -. Ho·w many rooms of furniture are there? 0 ~A 0 How many rooms of furniture in the house? Seven. ii: .. II. 0 Q How much of that furniture was owned by the decedent? e A A stove and the F<rii:gi.:g:aip.eor in the kitchen, the diningroom set.; the livingroom set, two bedroom sets. Q Most of it was owned by the decedent? A Yes. Q Who is using that furniture? I ai II: Ill .. II: 0 II. Ill II: .. II: :I 0 u ... o( u • ii: ... 0 'Re rnic e Sal a A We are. Q Have you purchased any other furniture? A Yes, I have purchased furniture of my own. Q Did you make any offer or attempt to sell this furniture? A No, but I made a statement to all, everyone, all the three childre •. A' Q A Q . A that anything ~hat was in the house that belonged to their father, '· they can have .. Did you make an appraisal of the furniture and its vadmr:&? No, I didn't, because no one ever. contacted me that they wanted anything. They were free to have it. You knew that you were supposed to appraise all the property that belonged to your father, didn't you? Well, <Jlo me, the furniture is worthless. Did you report this to Mr. Barna? Yes. You q~ver ma9e any attempt to sell it to anybody? No, I didn't. When did you tehll the children that they could have this furniture At the reading o.f the will. Mr. Barna made the statement. I told him and he made the statement and nob'ody said that there we. s anything they wanted. Q At the reading of the will? A Yes. Q Where did that take place? 30 -------IJ----------------'R.J;;lt&..!,,p~r...n.i.c.e...~u.w...a.l...,.la,_ ______ -:--------~--"3"'"'L..__1 e :! z cc A At Mr. Barna's office. Q When did it take place ? A Gee, I really would have to check on the date. Would you have it, Mr. Barna? The exact day? MR. BARNA; SR.: I don't know, unless it's the same day the will wasprobated. I don't remember. ~A > en I called each one of them up and asked if they could---- z z Ill D. i e ~ z i MR. BARNA, SR.: A few days before the will was probated.· Ul ~ Q Is that the time when some conversation about a tax gimmick took ..: 0 ii: place? ... Ul Q .J o( A I recollect no conversation about a. tax gimmick because there § Q :I wasn't too much conversation. ., :r ~ .N Q Now, Mrs. Sala, how much money did your father receive a montp.? ui 0: ~ 0: A. Well, he received a.pension check and a Social Security check, 0 D. Ill 0: ... which was about $97. 50,. was one check, and the other one was 0: :I 0 0 .J $136.00. cc u ii: ... Q That was about $22 3. 00 a month, is that right? 0 A · Yes. Q He lived with you, right? A We lived with him; it was his home. Q Was he supporting you? A No, he wasn't. Q How long had your father been retired? Bernice Sala 32 A Twelve years, I'd say. Q Now you were very familiar with your fiather's habits, weren't you, with respect to his money? You knew what he did with his money. I never questioned his money. He never questioned mine. I couldn't say that I knew exactly what he did with his money. Who paid for the food in the house? I did. Who _paiq for the taxes on the property? · My father. ·Who paid for the utilities in the house? My father. Did you· pay for·any household expenses other ·than your food? Well, our telephone and anything that we would do in the house as far as fixing up or anything,, we did on our own. I couldn't hone tly sa:y I would kr:ww exactly every little thing that I paid and he paid. I honestly couldn't say that. I'm sorry, I didn't hear that. I said I honestly couldn't say everything,definhe thing that I paid or that he paid. We didn't live according to any kind of rule. ' We just lived. as a family. While you were living as a family you conducted most of your father's business, didn't you? A No, I wouldn't say that . .. Q Was your name on his checking account? e A Q A Q A <(Q z <( > ..1 > CD z ~A II. i ~Q z x ~A 3: ~ Q ~ ' Ul Q ..1 <( u c A :J "I :E ~ ·N ai 0: Ill Q ... 0: 0 II. Ill 0: A ... 0: :J 0 u ..1 <( u t ii: ... 0 Bernice Sala He had no checking account. Was your name on his savings account? No, it was not. Was it on the safety deposit box? Yes, it was. You went into that safety box in the presence of Fred Tosi, a represe-ntative from· the Inheritance Tax people, did you not? That is co~rect. And you did that on October 27, 1969. Yes, sir .. Now, Mrs. Sala, I want to know how many times between October 14, 1969 and October 27, 1969 you entered that box. Never. Excuse me, I did, to get the will because Mr. Barna "' said I could go get the will. When was that? Gee, I brought the w'in to the office for you to read and that. I couldn't actually say the date. You told me I could go get the wil . and that was all I could get. And I did and I brought it to Mr. Barr a then I had to wait for an appointment with Mr. Tosi.. Q You signed a paper to get into that box, didn't you? A Yes, to get into the deposit box. Q Was there a bank representative with you at the time? A Yes. Q Who was he? 33 -- "RP. rn i C' P. Rala 34 A Gee~ I don't really remember who it was, which one. Q Did you go into the box any other time besides that once? A No, I didn't. Q Did you see any cash in that box when you were in it? A Np, sir. c(Q Are you sure? z c( ~A ~ ' I swear I didn't. z -~ Q As a matter of fact, isn't it true that you entered that box between i 0 ... 1!1 October 14 and October 2 3? z :r ~A ~ To get the will? ..: 2Q 0: Yes. ... U) Ci A ..I Yes· . c( ij gQ ., Is that true? :1: 5A Yes. ui 0: Ill Q ... 0: And isn't it true also that on October 23, you and your husband 0 Q. Ill 0: ... ·called Stanley Szerszen and propositioned Stanley that you were 0: :I 0 u ..I going to give him two thirds of the money~ you were going to keep c( ij ii: ... one third? 0 A Q That wasn't done? A No, sir. That I was going to keep one third? No, sir. Q That JeavJ.~tte was going to get one third. A Jeannette is entitled to one third and I am and also Charlotte. Q Did you say---- ,------------...--~------------_,---------.-----, ,'• Bernice Sala 35 THE COURT: Now if persons are going to remain in this Courtroom they are going to remain silent. Otherwise, we will expel them from the room until they are called as a witness. You may continue. Q Did you or your husband say to Stanley, your brother-in-law, ::!: ''We '11 give you, we '11 give Charlotte two thirds of the money and z o( > '..I Jeannette one third? 11 Did you say that? >-Ol z ~A II. I did not say it, rio. i ~Q Did your husband say that? z % ~A I don 1 t know. ::=: ~Q II: Is your ~us band in Court ? 1-til . . cA ..I o( § c :J THE COURT: Did he ever say it in your ., X 1:: "' presence? Did your husband ever say anything like oi II: Ill 1-II: that in your presence? 0 II. ~A 1- Yes. In my presence, yes. But I couldn't speak for him. II: :J 0 0 ,, I am not referring to that. THE COURT: ..I ::!: 0 iL . IL I am referring to the question that counsel asked you. ·0 He, asked you if you made such a statement to the gentleman that you were going to divide the money up and you said no. Then he asked you whether your husb1:tnd made such a statement to the gentleman to divide the money ~P· ·And you said you don't know because you weren't in your husband's presence all the time. Wel, Bernie e Sala 36 during the time tha_t you w:~ere in your husband's presence, did he make any such remark or statement to this gentleman? Yes, but we were going to give her my share, not divide it up. I was going to give her my third. It wasn't as though I was going to divide their money up. THE COURT: You may continue with tha , counsel. What you are telling me then. is that the will says that any residue was to be divided equally between you and your two sisters. Right. But that .you were going to give· up your share? Right. And you weren't referring to any money that was in the safety depc sit box? There was no money in the safe deposit box. Now you haven't given up your share. I haven't gotten it. Y6tiTdidn't indicate anything on these papers that this is what you wanted to do, did you? No, I didn't. May it please the Court, I have requie:Bted from the Mellon Bank a copy of the dates of entry by this party into that safe. deposit box I am sorry to say I didn't get results. All I could get was some Bernice Sala 37 kind of language. I asked for the photostats of the card indicating the dates of entry and I never received it. I am asking this Cou t to have a Court Order issued, directing that the Mellon Bank issue to me a copy of any record of entrance of this Executrix into that safe deposit box between October 14, 1969 and October <( 27, 1969. z <( > .I THE COURT: The Court will take the > "' Ul z z Ill D. matter under advisement. i ~Q I am looking for the RCC form. z :X ~A ~ Is this what you want? ..: ~Q a: She has it, I'rh sorry. Mrs. Sala, I am referring your attention ..... Ul Q .I <( again to the RCC form file,d with the Bureau of County Collecfions u Q :I .., and I am going to refer sp.ecifically to Schedule C on there, ~ "\ referring to transfers. Do you see that? ai a: ~A a: Yes. 0 D. ~ Q .. This is part of the papers that you signed and swore to, isn't it? a: :I 0 A u Yes. .I <( u Q ii: II. Now as we go down through Schedule C there is an item indicating 0 that on January 31, '69, $2,000 each was paid to Bernice Sala, Charlotte Szerszen and Jeannette Bury. Is that correct? A Yes, sir. Q As a matter of fact, Mrs. Sala, it was paid to Bernice Sala and Joseph Sala, wasn't it? A Yes, it was. Bernice Sala 38 Q And actually, it was paid to Charlotte Szerszen and Stanley Szersz:en. right? A Yes. Q And it was paid to Jeannette Bury and Andy Bury. A Yes. ~Q So that the husbands of each of the respective parties actually had= z / < > • ..I .. >-fll ·their n~mes on these funds too. z ~A Yes. II. i ~Q (!) Now on January 31, 1969, according to this, $1, 000 was paid to z i: Ill < :;:: John Wojnar,_ is that right? ~A Yes. a:: ... Ul i5Q ..I And on August 1, 1969, $1, 000 each to four grandchildren: Charl s < -~ c :J Sala, Carol Ann Sala, Debra Sala and Kenneth Sala. .., 2: SA Yes. ui a:: I!!Q a:: . ·Those are your children? _. 0 II. =A Yes . ... a:: :J 8Q Those were a gift to the children from the grandfather . ..I < ~A Yes. ·. II. 0 Q It was made on August 1, 1969. A That's right . Q Now I want to sh9w you Exhibit "A" and on Exhibit "A" there is a check on the upper left-hand corner, it says 1576_014, dated D2cember 27, 1968, made payable to cash. A That's right. -----..------------------- Bernice Sal a Q For$1~000.00. A Yes. Q And it has Anthony Wojnar's signature on it. A That's right. Q <t.A z <t. ~Q Ol z ~A II. i Do you remember when your father signed that check? Yes, I do. , Was anything fi]ed in at the time he signed it? $1,000.00.' ~ Q Did he put that in there? z :i: ~A (Noresponse) • ..: 2Q a: I-III oA ~ u Q :I .., ~ N cri ~· a: 0 II. Ill a: A 1-a: -~ :I . 8Q "" <( u iL b. 0 As a matter of fact, Mrs. Sala, he signed a blank check, didn't hE ? Well, I really don't know where this was written out. I can't honestly say that he wrote this or not. As far as the $1, 000. 00, I would say no, that it wouldn't be his writing. MR. BARNA: I can't hear you. I would say the $1,000.00 figure wouldn't be his writing. Oh, are you saying that this check for $1, 000.00 is not the writin of your father? Is that what you-are saying? THE COURT: She said that the $1, 000. op figure might not be the writing of her father. Q Oh, I'm sorry. THE COURT: She didn't say the check wasn't the writing of her father. -------1!1 Q I'm sorry. The signature is his signature, is that right? I 39 Bernice Sal a 40 A Yes. Q But the writing is not his writing. It's somebody else's? A I wouldn't say it was. no. Q But you dcin't know whose it is. A No. ~Q Now do you know 1 down in the--below the word $1,000. 00, it z < > .... >-says Pass Book No. 65-20413. Do you see that? Ul z ~A D. Yes, I do. i ~Q Now ,right above that check to which you have just testified is a z i Ul < ~ cashier's check made payable to JosEph Sala. .,: 2A a: Yes. 1-Ul ~Q And it is dated December 27, 1968. < 0 gA Yes.· ., X SQ And it came from a passbook, is that right? ui a: I!! A f' a: 0 That's right. D. Ill O:Q 1-Now going back further in this exhibit, there is a copy of the bank a: :J 0 0 .... statement on Savings Account 20413, is that right? < 0 iL A ... Yes. 0 Q And there is a withdrawal of $1,000 made on December 30, 1968, is that true ? A Yes. Q Now December 30, 1968 was less than twoyears before your father died, wasn't it? A Yes, sir. -------------------- Rernice s;ala 41 Q But you didn't report that on here~ did you? A Q It says on here that any transfers made within two years~ you should I I report1 doesn't it? e A Yes1 it does. cQ But you didn't do it. z oC ~A. ~ No. z •Z ~·Q I want you to look through all of these checks. There's a $7, 000 i 0 1-CJ z check there on January 31, 1969. :r Ul ;A That's right. .,: ~Q Is that the money that was taken out of the bank on February 3, 1-Ul Q e .I oC 'ij g A' .., 1969 a13 a $7, 000 withdrawal? T·hat would be the same money, yes . :z: ~ /::. ~Q That would be the same? Ul 0: Ill ~A Yes. 0 II. Ill ·, . 0: Q 1-0: And the other withdrawal of $4, 000, would be the money that was :;) 0 u .I taken out of the bank for grandchildren. Is that right? < ij ii: A' II. 0 Tha:t 's right. Q How old are these grandchildren? e A Right now~ one is 18, 16, 13 and 12. Q Now still referring to Exhibit "A 11 1 we have the $71 000 check mad payable to Bernice Sala, right? A Yes. Q Then we have a thousand dollars made payable to John Wojnar and ----------~~-----------------------~~t.P~·~~n,~ii0~·P~~~!:~ul.g_~-----------------------------;-A2--- and Helen Wojnar. Yes. Did you give them a thousand dollars? No, I did not. You did not? No, I did not. Wh~t did you do with that thou.sand dollars? I brought it home and gave it to my father as I was told. You gave it to your father. Well now, you have indieated on here, January 31, that you gave it to your brother. Well, I have now •. I gm not talking about now. I am talking about this statement says that on January 31, 1969 a thousand dollars was given to John Wojnar. And that isn't true, is it? May I explain that, Your Honor? THE COURT: You may. My father got these checks, had me go get them, and he gave them to myself, to my two sisters, and he had it there for my brother. My brother didn't come over when my father, in his opinion, felt he should have. So he took this check back, told me to take it and for me to keep it, which I did. It was transferred, it was voided and then it was made into my name, whi:ch was then Jpy check. But upon my father's death, I gave this thousand dollars to my brother. And this is the reason I stated it there at that time Bernice Saia 43 ' because this is where the $71 000 is accounted for. THE COURT: Very well. Q This exhibit shows $2, 000 was paid to Bernice and Joseph Sala, doesn't it? Yes, it does. And it shows $2, 000 to Charlotte and Stanley Szerszen . . Yes. it does. And $2. 000 to Jeannette Bury and Andrew Bury. Yes, it doe.s. Now this $4., 000 that was made on August 1, 1969, whi:Bln. you have verified as being the money that was going to the grandchildren~ and this check dated August 11 1969J in the upper left-hand corne I containing th~ figure $4,935.34 made payable to Cashier's Check #0619787 is. that $4J 000, isn't it? Yes. All right. Now we have below that Cashier's Check #0619787 and who is that made payable to? Bernice Sala and Joseph Sala. That is you and your husband? Yes. Not your children. isn't that true? Yes, it's true. I can also explain that if I may, Your Honor. May it please the Court, I'd like to have this witness explain under examination by her counsel. --------------------------- Bernice Sala 44 MR. BARNA., SR.: Counsel has not given her an opportunity to ask for an explanation. THE COURT: Well. it is pro per to bring up the explanatory material when there is such by examination, direct examination of counsel. In this !$ case it would be cross examination of counsel. But it z ~ • .I )o amounts to direct examination. We'd prefer to have it VI z z Ill II. in that manner rather than to have her explain it to thE i 0 Court because when it is done properly then it is subject ... CJ z i VI "' 3: . to the proper objection of opposing counsel. So you .,: 0 a: ... give your explanation later when your counsel asks VI Q e .I "' u Q :I ., for it. You may continue with your questions. MR. HORMELL: May it pleasethe Court, :t 1:: "' ai I also attempted to obtain from the Mellon National a: Ill ... a: Bank the voided check to which Mrs. Salla refers whe 0 II. Ill a: ... she said that she had taken the check from John and hi~ a: :I 0 0 .I wife and it was voided and one was issued to her. "' u iL IL The bank tells me there is no such record of such a 0 check. I would like to have a Court Order directed to the bank to deliver such a check .if it exists. THE COURT: The Court will take the matter under advisement. MR. BARNA,. SR.: If_ the Court please, I'd like to make a statement. In the first place. this is Bernice Sala 45 first we have heard of these attempts. We have cooperated fully because we have nothing to hide. Secondly, counsel could have had a subpoena beforehar d, be before he knew the case was coming up. If he wanted that he. could have had it. We would have consented to cc it. We have nothing to hide. z cc > .I >-THE COURT: The Court understands . Ul z. z Ill II. . The Court will take the matter under advisement. i 0 '" Cl Are there any other quest ions of this witness? z % Ul cc == MR. HO RMELL: That 's all1 Your Honor. .,: u .i THE COURT: Now1 Mr. Barna, this '" Ul 0 .I cc witness having been called on cross examination, 0 0 :I .., counsel may cross examine her as to the matters X 1::. Ill elicited on the direct examination and only as such. ui . II: Ill '" 0: · If you have other independent matters to adduce, that 0 II. Ill must be done by you on calling her as your own witnes:;. 0: '" 0: :I 0 u .I MR. BARNA, SR.: Yes, sir . cc 0 ii: II. THE COURT: You may cross examine. 0 Bernice Sala 46 CROSS EXAMINATION BY MR. BARNA~ SR.: Q Mrs. Sala, we will take the last thing first. This $4~000.00 check of August 1, 1969, whose idea was it or under what circumstances was this check obtained from your father? A My father wanted to give my children this money. And he said so and I, at first, told him I didn't think he should, I didn't want it. But he insisted and then he demanded that. He said his money was his way to spend however he wanted. And he wanted me to go to ' the bank and get him a withdrawal slip because he felt he's lived with these children since they were brought from the hospital and he felt that he wanted to leave them this money in memory of him. How long had he been talking about giving this $4, 000. 00 to you beffl:·E'e; actually you went down to the bank ? I'd say about a week and a half. And then finally what did you do? Then he said, "I want this done and I'm t~lling you to go to the bank, get me this withdrawal slip because this is what I want to d)." So then what did you do ? A 'Ihen I went and I got the withdrawal slip, he had signed it. Q Who filled in---who wrote in-the check, that $4, 000. 00 check? I show you Objector's Exhibit "A 11 and on the last page is the photostatic copy of a checik on the top part of the page dated Augm: t 1, 1969, Cashier's Check number so and so in the amount of $4, 000. A That's right. Bernice Sala 47 Q Is that the check that was used to get this $4 1 000? A That's right. Q Who signed that check? A That's my father's signature. e Q The check is typewritten out. Where was that typing made? Whe!'l ~ was that done? z < ~A > At the bank. 1. . Ill z z ~Q So as I understand it, you went to the bank, told them what your i 0 ... " father wanted, they typed up this form of the check . z x ~A ~ First of all he had to sign that he---that this withdrawal could be ..: ·!:! 0: made bJJ me because the book was in his name. ... Ill e ~Q < u I know, but I am taking the procedure. gA Yes. ""l .. :1: 5Q You went to the bank and they typed up the check and brought---di~ . ai 0: Ill ... 0: you bring the check home for his signature? 0 II. Ill a: A ... Yes, I did • 0: :I 8Q ..1 And then he signed it and then the bank,on the same page, it appears < u iL b. issued a cashier's check with a stamp on it. First there's 8-·1-69 0 alongside the $4, 000.00. e A Yes. Q lBtlt the stamping of the cashing of these checks was what date? A A ugus t 4, 19 6 9 • Q 'Now after you got this check from the bank.. and after your father signed it, first what day of the w.eek was it? -----------------------------------------------------------------~------ ----~----~~----------------------S~~GP.~~~~,l~~------------------------------~~~£___ A That was a Friday. August 1st. Q August 1st was a Friday, 1969. Then what did you do with that che~k? A Well, then I brought it home for him to sign. This was Friday. ~ z ~ ~Q Ol Z• z ~A z 0 And I didn't take it back to the bank then. So Monday morning I took it down to the bank and had this tother check made out and he old me to put it into bonds for them. Who did? My father. ~ Q The bank issued the cash,after you gave this first check to the bark, z :r Ul ~ the bank then issued a cashier's check payable to you1 Bernice ..: u i 1-Ul ~A o( § c ~Q ~ WA ui 0: Sala and Joseph Sala, is that right? Yes. And then you used this check for what purpose? Then I used this check to get a thousand dollars worth of bonds Ill ~ for each child. 0 a. Ill ~ Q When were those bonds obtained? 0: :I 0 ~A Well, they were left there on August 4. I left the check because tl e c( i3 ~ teller said she would have to type these all up and everything and 0 I could pick them up at my convenience. Q Do you have those bonds with you? A Yes, I do. Q Just look at the first one here to Miss Debra Sala, and what was the issuing date of that $11 000.00 bond? A August 5, 19-69. Bernice Sala 49 Q Also on Debra Sala, these are Series E bonds. A Yes~ they are. Q And there is also a bond for the amount of $100.00 dated the same day, is it~ issued the s arne day? e A Yes. ~Q And another $100.00 bond--in fact, three $100.00 bonds and a z < > .J )o $25. 00 bond . Ill z ~A II. Yes.· -i ~Q All issued on August 5, 1969~ is that right? . z i ~A ~ That's right. ' .,: ~Q a:: And was the same procedure used as to the' other three children? ... Ill e .o A .J < u Yes, sir. gQ ., Who gave you the specific orders to invest the money in bonds, . X I; (II than otherwise? . ui a:: I!! A a:: My father. 0 II. ~Q .. Do you have the same thing with Miss Carol Sala? Is that dated w at a:: :J 0 0 date? .J :!!: ~A IL August 5~ 1969. 0 Q Issuing date. And you have $1, 000 bond, three $100.00 bonds and e a $25.00 bond. A That's right. Q All of them issued the same date? A Yes, sir. Q And do you have bonds here issued to Charles Sala? Bernice Sala A Yes, sir. _,_ Q tssuing date, August 5, 1969. A Yes, sir. Q The bonds are $1, 000, three $100.00 bonds and a $25.00. A Yes. cc Q All issued August 5, '69. z cc ~A Yes, sir. > 01 z ffi Q Do you likewise have the similar procedure of,bonds issued to D. i g Kenneth Sala? Cl z i ~A Yes, sir. ~ ui a: ~Q a: 0 D. ~A ~ :I The issuing date was August 5, 1969. Yes, sir. At $1 1 000, three $100.001 and a $25.00. Yes, sir. All issued August 51 1969. Yes, sir. 8Q .. cc Why did you have Series E Bonds taken out rather than deposit . 50 u ii: IL 0 this money at 5 1/2% on a long-term savings account with the ban~? A This is what my father suggested and he thought I should do it and this is why I did it that way. Q If the Court please, if the Court wants the copies of these bonds we can have photostats made and submit them to the Court later. THE COURT: No. We will not have photostats made of the bonds. Bernice Sala 51 Q I think it's wrong. I think it's illegal anyhow. THE COURT: They are here for inspect on and opposing counsel may look at them if they wish. One question I wanted to ask is wasn't it a $4,000.00 certified check issued by the bank? ~A Yes. z ~ z z Ill II. i e 0 z i: Q) 01: == THE COURT: Now was the entire amoun of the $4, 000,00 used to buy these various bonds or was there a lesser amount or a greater amount which had to be added to--- A t would say it would be a lesser amount that it would come to, yes. THE COURT: What was done with the difference of that amount and the $4, 000. 00 check tha ,, was written, cashier's check? A This was given to the children. THE COURT: In cash or--- A Cash, yes. Because see, when she made these bonds out and then I went to pick them up, there was the remainder. I really don't now th~ difference either. THE COURT: Can you recall approxima ely how much that was, approximately? In other words, you have a thousand dollar bond, three $100.00 bonds and one $25.00 bond. Now those are the maturity values of the bonds. And of course, you pay less for them when you buy them. So thatyou woold have some ------------~~----------------------------~~~·~no c~l~ 52 e left over. You don't recall how much that was? A I really don it. I don't recall. MR. BARNA; Sr.: Would it be less than $25. bo? A I would think so. I couldn't say this under oath that I'm saying the exact amount. c( THE COURT: So that whatever the cash z ~ .J )o was that was left over, that was given to the children • Cll z ~A II. Yes. i ~ "' z i Cll "' == ti ~ Cll Q .J "' ij Q :I ., z l:: Ill ai a: Ill ~· THE COURT: Mr. Barna,· did you have any other examination? MR. BARNA; SR.: Yes1 Your Honor. I think that's about all • MR. HOR MELL: May I see those?· MR. BARNA; SR.: Yes. ~CONTINUED CROSS EXAMINATION BY MR. BARNA, SR.: a: .. ~ Q And what did you do with the bonds after you got them fromthe bank? 0 u .J ~A u ii: II. 0 Q A Q I showed the children the bonds that their grandfather had given them. Did you show them to your father? Yes. Was there any conversation between your father and your children about these bonds or anything like tha~? A . Well, they felt, naturally they were happy with it. -----------------------------~-----, ----------~~----------------------~H~P·r~ni·~~~~,p~~atl.g_a __________________________ ~~ Q And then where did you keep the bonds from then on? A In my home. Q Now we go to the item of the $7, 000 in January of 1969, I think it vas. First, in Exhibit "A" on about the fifth page, there is a check written, the date is stamped January 31, 1969, is there not? A Yes, it is. And a check is made payable to Bernice Sala in the amount of $7,000.00. That's right. And the passbook number is given on there. That 's right. And this check is signed by whom? '• My father. Anthony Wojnar? That's right. That check bears a cancelling date of January 31, 1969, does it nc t? Yes. And then we have following that on the next page a cashier's checl< issued by Mellon Bank in the sum of $1, 000.00 to John Wojnar anc Helen Wojnar. Who is that person? A This is my brother and sister-in-law. Q And his wife? A Yes. My brother and his wife. Q And the following, the check below it for $2,000.00 is to Bernice Bernice Sala 54 Sala and Joseph Sala. A That's right. Q That's you? A And my husband. Q On the next page there is a check for $2~ 000.00 to Charlotte ct Szerszen and Stanley Szerszen. z ct ~A > That's right. Ul z z ~Q Who are they? i 0 ~A z My sister and her husband. i: Ul ;Q And the following chec~ is for $2, 000 to Jeannette Bury and Andrew ..,: u it Bury. Who are they? ... Ul Q A ..1 "' My sister and her husband . u Q Q :I ., Now these checks bear a date January 31, 1969, do,they not? :1: ~ "' A Yes, they do. ai a: Ill ... Q a: What did you do with these checks ? These checks totalled $7, 00 0. 0. 0 D. Ill a: ... of course, didn't they? a: :I 0 A u ..1 Yes, they did. cc u ii: Q ... When you got the checks from the bank, what did you do with the ? . 0 A I brought them home again and gave them to my father as me to. Q What did your father do with these checks? A He gave my sister Charlotte hers and he gave me mine. Q You two were present at that time? A That's right. ------------------------------------------.---- Bern i.e e Sala Q Charlotte's and yours were delivered at one time? A Yes. Q What did he do with Jeannette's check? A He gave hers on Sunday when she came down. Q The next time she came down, on a Sunday? A Yes. ~ z <( ~Q What was done with this check of $1, 000.00 made to John Wojnar? , >· Ql z ~A As I said, he told me to void this check and go out--do:wn and get II. i ~ another $1, 000 to put into my name. So in other words, this check z x ~ for John was dis regarded. 3: ~Q a: ... Ill i:iA .J <( 0 i:i :J ., :t 5Q ui a: Ill ... a: 0 II. ~A ... a: :J 8Q .J o( 0 ii: ... 0 A Q Why did he change his mind or why did he have you do this? I In his estimation, he felt that John didn't come around as much as he thought he'd like him to. '' Did you send word over to John that there was a thousand dollar check in the house for him? No, I did not . Did your sisters know that this thousand dollars check was there for John? Yes, sir. And how long was it that your father held John's check before he ordered you to cancel it and get a check in your name? A I would say two weeks, two and a half weeks, thereabouts, two to three weeks. Q John didn't come around the house within that time? 55 Bernice Sala 56 A Well, ~es, he did. But my father felt, still he felt he didn't come as often ~s my father thought he would like him to come. And this is the reason he disregarded his check. Q Did you influence your father in any way to do this with John or whose idea was it ? ~A Well, originally, my father wanted to give me $3, 000.00, my z <( > ..J >-two sisters $2, 000.00 and John none at all. But I told him if Ol z z Ill II. he's giving me three, why doesn't he just give me two, as my i 0 .. C) sisters and give John that one. So then he says, well, if it's mine z x Ol <( =:: and this is what I feel then go ahead and do it. So I did. But then ..: 2 0: in the mean time he went back to his original fe.elings and said, 't~9, .. !!! a e ..J <( § a :J ., you just tal.;:e this check yourself. That's who I gave it to and I want you to have it." :t 1-[;jQ But you yourself, what did you do witli this $1,000 eventually? cri 0: I!! A 0: After he gave me that, insisted that I take this $1, 000. 00 . I did · 0 II. Ill 0: .. and I put it in my own account. And then a·fter my father died, 0: :J 0 u theri I gave John the thousand dollars which I had intended to do ..J <( u ii: II. from the beginning. 0 Q So that you did not keep it for yourself? A No, I did not. Q Was there any reason why your father at first only wanted to give him $1, 000 and the rest of you girls $2, 000, or as he said, $3, 00 D toyou? Is there any reason John was to get less than the rest of Y' u? A He felt he wanted to give me three because he felt that I---we livEd 'RP. rn i r. P. ~ala good together and I did things for him and he--this is the way he just felt about it1 that he wanted to do this. Q Did John get any other money from your father1 that is because of A ~Q z < ~A > Ul z ~Q i your father's death, did he get any? He got insurance policies. How much did he get? $2, 000. oo. And John collected that after your father's death? ~A Yes, he did. z i: ~ Q Were they lodge policies? Yes. . ' So that was that another reason why he would keep his sum lower than the resa of you girls? Yes. And John has kept the insurance money. has he not? Yes, he has. Now all of these transactions that you tell us about1 was that all the wish and_ request of your father? A Yes, sir. Q When did your father first start talking to you about giving you children $7. 000? When did he start talking about it? A In the hospital. Q Which hospital? A Montefiore Hospital. 57 ~ z ~ .I > til z z Ill II. i g Cl z x 'Re rn ice ~ala Q And for how long a period had he been talking about doing thi. s? A Well~ he was about due to come home and he was laying thinking this over, and he told me that he thought he would like to give the children some money while he, you know, was living and he felt that everyone treated him nice and he would like to show a little bit of his appreciation. And he asked me to go to the bank and get ; this withdrawal slip to have him sign:it so that it,wo uld be ready when he came home from the hospital, which was on the 31st of January when those checks were issued. ~Q ~ Well, what date did he come home from the hospital? January 31st. The day he carne home from the hospital? Yes. Did he send you down that specific day? I went the day---about two days before to get the paper _for him to sign for the withdrawal. The blank check? Yes. And then Friday I went down and we brought him borne, I brought this withdrawal slip up and he signed it and I took it back and they typed out the checks and I brought the checks up all the same time on that date. Q And you and one of the girls got---when did he give you your chec ? A Right there. Q That same day? . 58 -------H-------------..,J;;)."Oe.;t::ni r-. o ~!ll!l A Yes. Q And was your sister---which one was there? A Charlotte Szerszen. Q The same day she got hers? A ~Q z <C ~A > Ol z z ~Q i 0 ~A z x Ol ;Q ~ ~ .... Ol ~A <C 0 gQ ., ~ N A ui a: Ill ~Q 0 D. Ill a: .... a: 5 -u A ... <C 0 ~ Q 0 A The same day, same time. Was that on a Friday? Yes. The following Sunday he gave Jeannette her check. Yes. And when did he first indicate toyou that he changed his mind abou John? Oh, I'd say maybe a week after he was home. A week and a half. Who had John's che:fr;k? In whose custody was it? My father's. And the physical delivery of the check, who gave it physically to each one of you, the check? My father . Where did he keep the checks from the time you delivered them to him until he gave them to you girls? Well1 in his room. I suppose it would be in his personal dra~er. I honestly couldn't say where he had them. But he kept his things in his bedroom. Q Was your father mobile? Was he able to walk around? A Oh, yes. I ------------------ no~ni0.e-Sal.a-~----------------------------~-~6u0~-- Q And he did walk around? A Oh, yes. Q The cancer, i think---what part of his body was the cancer? A Throat. Q But it did not affect his walking? cA No, it did not. z ~ ~ Q The signature on all these checks that I showed you here, are they VI z z le all signatures of your father? ~ ~ VI ii ~A u ii :I .., ~ til ui a: Ill 1-a: 0 II. Ill ~Q a: :I 0 u A ..... c u ii: IL 0 Q Yes, they are. What physical condition was he in during '69? What was he abl~ to do or what did he do? Well, he shaved himself, he washe.d himself, he dressed himself, he came downstairs at least three times a day to eat. He attended his own personal doings. And he wasn't helpless in any way so much that he couldn't do things for himself. What else did he do outside of the house? He had flowers. He had quite a bit of flowers, he attended those . He planted tomatoes, watered his flowers everyday and sat on the swing, walked around the yard. Give us some idea of the flowers and tomatoes. How big of a garden was there? A Well, he had about 25 to 30 rhodQdem:d:t.o.nlF1lctRts .Then he had chrysanthemums along the whole side of the house, then tomato plants. I'd say, gee, I'd say five rows of tomato plants. 61 -----------~~--------------------~~ala·----------------------------------1--~~ Who planted all these, the rhododendron plants, for instance? Definitely my father. And the flowers? They were strictly his hobby. And the tomatoes? Tomatoes, yes. Who hoed his plants during the su,tnmer time.? Himself. You said something about water. How did he water the rhododendrpns and tomatoes and flowers? Well, with a bucket;he would get a bucket of water from the side of the house and take that over and use a can, a smaller can to water each plant. Sprinkling can? No, not a sprinkling can; just a can from, say, vegetables or something and he had holes in and he would scoop that out and water each plant. How big of a bucket did he use in carrying the water from the spicket to the particular point in the garden before using the can? I1 d say about a three-gallon .bucket. How far would he carry this bucket of water? Well; 50 feet I would say because it was all around the house; some closer, some further. Q Now this garden, give us some idea ·r, Was it the size of this 'RP rn i C' P ~a] a Courtroom or smaller? A Oh, no. It was---gee. the size of the back yard---what is the Q A <(Q z <( :iA ~ z ~Q i ~A z i ~Q 3: back yard, would you say? No, you tell us. Give us an idea. 50 feet. About 50 feet long and about how wide? 15 feet wide, I'd say. I really---! can'visualize it. Where is your house, what part of Donora? Sixth Street,on top of Sixth Street. What are those lots there? Forty by something. .Ji.2 I think they are 30 feet wide. Did the garden extend across the wbple back? Yes, the tomatoes did. So it was around 30 feet wide and 50 feet long. Yes. A rrl what other activities did he engage in during all of 1969 before his death? A Well, he didn't go anywhere because he had this pipe in his throat which he was self conscious of. I Q He had a breathing pipe in his chest. A Yes. Q He had a tracheotomy, is that right? A Yes. And he went to church, he went to Confession for Easter tim~. 'Re rnic e Sala 63 and then he would walk around in his yard and that. He didn't go anywhere like visiting or anything like that. But he would watch television and play cards with the kids. He didn't go to the club, which he used to, and read the paper, lay down. Q Which newspaper, the Polish or the American-made newspaper? ca:A Polish, ifie had some magazines, but mostly the Post Gazette he z c( > ... )o would read . VI z z ~ Q What about television? i 0 1-A " z He watched television. He watched cowboys and commercials, he i VI c ~ could tell you every commercial. And Gun Smoke, these lhlnd of, ti ii: you know, Virginian, these are the p!I:'!Dgrams he .liked to watch. 1-VI Q Q ... c( Did you talk with him or did he talk with you during that summer? u Q A :;) "'' Oh, yes. ~ (II Q What would he discuss? ai a: Ill 1-A a: 0 Well, he would discuss current events or things that were going o II. Ill a: 1-a: in the commu~ity or he continuously watched the news and world :;) 0 u ... events he watched andk new about those . c( u iL Q IL That persisted how long, until when, that activity? 0 A I'd say the whole time. Q Up to his death? A Up to his death. Q He died on what date? A October 14, 1969. Q And in fact, what precipitated his death? Mr. Hormell started 64 asking you some quEStions about that. What was the straw that brc ke the camel's back, as we say? A Well, the exact, right prior to his death? Q Yes, what happened? A I changed his pipe, cleaned him up--- :!Q His breathing pipe? z ~ ~A Ul Yes. Cleaned him up. ·And there's a· suction machine I used on z z Ill II. him several times a day to vacuum all this out of his throat and i 0 ... C) z I did all that. And it was time for his supper. But he said he was i Ul c( ::: too tired and didn't feel like eating supper right at this minute. He .,: u i ... said to wait awhile because he had a late lunch'. I said, "All right, Ul Q .J c( < whenever you feel like it, let me know." In the mean time, my u Q :I ., daughter was at school. And she was to call me to pick her up ~ 01 ui whenever she was ready to come home. So then she calls and 0: Ill ... 0: 0 tells me she is ready and asked if I would come to pick her up, II. bl 0: ... 0: and I said I would. So I went and told my father since he didn't :I 0 u .J want to eat now, I says, "I'm going t~ pick Carol up at the school c u ii: ... 0· and when I get back I'll g~te you your supper. I won't be gone ione because I'm just going up to Mon Valley, ' which would take 20 minutes to a half hour all tolled, and when I come back I'll give " H "d "F" f" th t' d you your supper. e sa1 , 1ne, 1ne, a s goo . Just go." Because he didn't want to eat now. Well, when I came back, he was gone. Q Gone where? ~------------------------------------------------------------------------~---- 65 To the hospital. I see. Now what happened? What did you find out happened? So when we came back, the neighbors were all out around the strEet. Tell us instead of--- They told us he was out on the roof, looking up towards the antenn~, and the roof is above the porch and then nobody actually saw what happened, he fell off the roof and they teJ:].ded to whatever they had they called my brother because they had seen me leave, and they called my brother and they administered whatever they could and called the ambulance. And when I came back he was already on thE . . way to the hospital and everything. This was on Saturday; he died on Tuesday morning, So it wasn't the cancer, actually, that killed him; it was the fall, wasn't it? Yes, I would say that. Now he had been in and out of the hospitaLs everal times, had he not? Yes, he had. Now was he in the hospital any time close to the August 1st date of 1969? Yes. He went into the hospital on August 4, 1969. And he made this gift to your children on August 1st, is that right? Thaf's right. And how long did he stay in the hospital? ---------------- Bernice Sala 66 A Well, he was in Mon City for three days and then he was transferred to Montefiore. All tolled, I'd say it was about a week and a half. Q That is in connection with this cancer, wasn't it? A Yes. He had started to hemorrhaging. This is why he went to the ..: 2A a: ... Ul ~Q 01( u §A ., :t ~Q cri a: ~A a: 0 II. Ill a: ... a: :I 0 u .I 01( hospital. And ljf.0.1:U§ii:oh tell us about the $7,000.00 check, that's the day he came back from the hospital, which one was that, the Montefiore Hospital? He went to Mon City with this hemorrhage. No, the MontefiQ'reHospital. Yes, that was the Montefiore Hospital. How long was he down there? He was down there for a little better than a month . And when he came back, what condition was he in? Fine. He was optimistic that this was ·going to go the same as it . . ' had previously. He was to get the cobalt treatments the second time and he felt the first time he did it, why, he got along \ery u ii: ... 0 good afterwards, so he was optimistic that this may go the same v ay. Q And how long had he had this cancer of the throat? A Oh, about five years. Q As time went on, did he get more optimistic about it? A Well, yes, because it seemed to stop or he was, you know, in good health. He would go to the club and play cards everyday and do everything,, and watch television, walk around, anything; go '--------------------------------------- ----------~~--------------------~~~e~~nli~i0~·,p~~~:a~.la~·----------------------------~--B2-- to church every Sunday. -Q In goirg to the club what year was the last time that he stopped going to the club? A I would say it would be '6®, before he went into the hospital. <( z ~ .J >-m z ~Q i g A 1!1 z :t CQQ ~ ~A a: ... m ~Q <( ij g A ., ~ N Q ui a: ~A a: 0 Q, Ill U:Q ... a: :J 0 u .I <( ij ii: A IL 0 Q Be cause when he came back and had this pipe in his throat, he didn't go out muchafter that because he was self conscious of the pipe, really • This pipe was put in there during the '68-'69 confinement? Yes. He was conscious of it? . Yes. He didn't go to the club after that? No . Did you take him to church after that? Yes. And he fulfilled---what about his church? Did he go to Confession and Communion.and so on? Yes, Easter duty, yes. Now Mr. Hormell brought out the fact and we didn't report it in the R. C. I. form, that $1, 000 check for your husband, it's shown in the copy of the bank's statement, December, I think it's Decemper 30, likely. Yes, December 30, 1968. Tell us about that $1, 000 check that was drawn. Who was that payable to? A To my husband. It was made out to cash. L_ ___________________________________________________________ _ Bernice Sala Q Oh, yes. The f9urth page of Exhibit ''A 11 has a check on the botton c( z ~ )o Cll z z Ill D. i 0 A Q ~A z x Cll ; ti ~ Cll Q .J c( u Q ";:I ., ~ Ill ui a: Ill ~ 0 II. Ill a: 1-a: ;:1 0 u .J c( u ~ Q 0 A stamped December 27, 1968, cash, $1,000. 00, -and signed by Anthony Wojnar. Is that your father's signature? Yes, it is. Above it is a photostat of a cashier's check of the Mellon National Bank for $1,000 dated December 27, 1968 to Joseph Sala. What can you tell us about that? First, about the check on the bottom. What happened there? Well, we were contemplating a new car because ours had broken down and we were without a car. So we were buying a new car anc my father said that he wanted to give !llittle bit towards this car . because we had tai~en him in so many times to the hospital and to the doctor's in our car and he felt that he wanted to contribute a little bit towards the car. So this time that we didn't---this was right before he went into the hospital in December of '68, our car came in then because "we ordered it, so when ,it came in he says, "This is what I want to give you for it,. to help pay towards it." Well, how long had you been taking him to the do-ctb:Jr-",s and · hospitals in your car? Everytime he had to go to the doctor's or the hospitals, as many times as he was sick or any time he needed it at all. Because we 68 were there, like I said, living with him the whole time and any tir[le he had to go I took him. Q Can you give us any rough estimate how many times you took him ~---------------------------------------------------------------------------------- e e. . A Q A Q A ~ z ~Q )o Ol z ~A Q. i 0 ~ C) z :r Ill o( ~ .,: u it ~ !!! 0 .J o( § 0 :I "'l :1: 1:. N ai a:: Q A Q A. Q A !!! Q a:: 0 Q. ~ A· ~ a:: :I 0 u .J o( uQ ii: II. 0 A Q into Pittsburgh? He had sixty cobalt treatments, so that's--- Who took him in for the cobalt treatments? I did. In your car? Yes, I did. And who took him to the hospital? We did. And who went down to visit him? Everybody did. But you also went down? Yes. Who was· the most consistent visitor? Well,· everyone visited; they all visited him in the hospital. Any one more than the others ? Well, as many times as you can arrange to go, you went. I don't say that one didn't go at all or anything like that. They all went? They all went, yes. How long had you had the other car before you bought this new on~? A It was a '53 DeSoto. Q And that is the DeSoto which you used to trans port him to the doctor's and hospital and soforth? A Yes. 69 Bernice Sala '70 Q Whose idea was it of making it $1, 000.00? A Totally my fa her's. Q Can you explain why we didn't report it to the Court on our return or was there any reason why we &ieren't told about it or was therE any argument about it or anything like that? :$ A No1 sir. I didn't even think it should have been reported in my z ~ ..1 > estimation. That's the reason I felt--- CD z z Q Ill IL When we made the papers for the Court1 I don't know whether i 0 "" 0 we had this bank statement here or not. Do you know whett1er z x CD < ::= we knew about the thousand dollars ? .,: A u ~ I knew a bout it. CD 0 Q -..1 Did you tell us about it at any time? To your recollection? <C u 0 A :I No. "'l ~ Q "" Would you have any reason in hiding that thousand dollars? ui a:: Ill A "" a:: No. There's no reason to hide it1 no. 0 IL Ill Q a:: "" The $71 600.00 dispute arose shortly after the checks were made,. a:: :I 0 u is that correct ? ..1 <C u A ii: ... That's right. 0 Q Now did the r~t of the family know about this thousand dollars? A No, they didn't. Q That was just between your father and husband and you and your family? A That's right. And he felt this was his wish and this was his busine~s. There was no reason to tell it if he didn't feel it needed to be told '--------------------------------------------- Bernice Sala 71 Q And you,.continued to take him to· the doctor's and hospitals after you got the new car? Yes, the treatments and the check-ups and everything. Now on th@ furniture, we have not listed anyp:lace, either in the Inventory and Appraisement or an accounted form., Wly wasn't that reported? Because at the reading of the Wi~l; I said that any furhiture that bE longed to my father, anyone was welcome to come up and take. Who did you tell this to? To Charlotte, to Jeannette, to John, to you,. and myself. And has anybody ever appeared asking for any of it and wanting an~ of the furniture? No. Tell us a little bit about the furniture. You said something about .a Frigidair-e. How old is that Frigidaire? I'd say it would be 25 years old. Did you consider it to have any value? When? On his death. Oh, no. Because like I said, I felt it was valueless to me. And if anyone felt that it was of any value to them, they were welcome to it. Q Why did you offer your sisters this furniture to let them take the furniture? Do you have any personal reasons? A Certainly. Because it wasn't mine. It was my father's. Bernice Sala 72 Q . Was there any other personal reason between you, yourself and your husband? A No. I just felt I didn't have the right to keep it. I couldn't say it was mine. We were living with my father; this was his furniturE . e As long as he was alive it was his furniture. But once he died ~ I didn't feel that---if anybody wanted it they'J\lad every right to z < > .J take it as I wotil:d •. > Ol z z Q Ill a. Didn't you say something at the time you hoped they'd take it to i 0 ... C) give you an excuse to get new furniture? z :t Ill A < 3: Definitely. I'd love to geg new furniture. If they want it, I wish ..: 0 ii: (they'd do me a favor and take it. I had no new furniture all this ... Ill c e .J < i3 time and I'd like to have it too. Ci Q :I Now the diningroom suit, how old is that? "" X 5 A That must be 25 years old too at least. Because we are married ui 0: bl ... 0: 20 years. I'd say 25, 30 . 0 a. Ill Q 0: ... . 0: What condition is it in? :I 0 A 0 Well, the finish is worn off of it, and it looks like a 25 or 30 .J < i3 ii: II. ' year oid dining room suit. 0 Q Would you consider it to have any value? e A Not to me, no. Q Now aboutthe livingroom suit, I presume you had a regular davenport and side chairs, is that right? A Yes. Q What shap~{j are they in? Bernice Sala 73 A I'd say the same shape. They are worn and frayed and run down. Q What about the springs in the chairs? A Very bad.. There are no springs, you may as well say. Q How wou1rj you describe it? A I mean ifyou would sit in it, you would know that you'd be on the fl~or. Q And yet none of your sisters or your brother claimed to want :! z o( > anything ? . · -I >-Ill . zA z Nobody contacted me for anything or said they'd like anything. ld II. i 0 I haven't heard from any,of them but my brother. He didn't claim ... I!) z :t Ill he wanted anything. He just visited me. o( :: .,:Q u In fact, do you know that I wrote to Mr. Hormell last summer and a: ... (I) Q told him about the furniture that if "they think they wanted it---e -I o( §A Yes. Q :I .. :1: 1:: MR. HORMELL: I will concede, Your Honor, Cll oi 0: that Mr. Barna wvote to me and said that if we wanted bl ... 0: 0 II. bl . the furniture we could buy it. 0: ... 0: :I 0 THE COURT: Very well. I think that we u -I o( ij are arriving' at the luncheon hour. We will recess at iL ... 0 this time until 1:30 o'clock this afternoon. * * * * * * * * * * * * * (At 1:30 o'clock P.M., the hearing resumed): 'Rernice Sala THE COURT·: Yo1,.1 may proceed1 Mr. Barna. BERNICE SALA RESUMES THE STAND. CONTINUED EXAMINATION BY MR. BARNA, SR.: Q Mrs. Sala, about the automobile, just how did that occur? What took place between your father and you about the automobile? c( z A c( > Well, my father felt he wasn't going to be driving it very much ' . ..1· > O'l z z anymore and he though,t th~t my son had gotten his driver's licens ~ Ill II. i 0 and he said that he was going to give my son his car and this way ... C) z x he. could· go get him medicine or do any errands he wanted for him. O'l c( 3: ..: And then ~e ~et him use his car anytime that he wanted for doing 0 it ... Ul c his errands1 you know. So then he says that he would give him the ..1 c( u title to the car so that he could have this taken care of. c :I ~Q 1:,. About wh~n did he.say he was going to give him title to the car? til lli'A a: -I would say maybe the first of March of 1969. .... ... ,. -a: 0 Q II. Ill What did .he do with reference to that then? 0: ~A :I 0 Well, he filled out the title. He signed his name to the title and 0 .I c( u he told-him to go down to Norton's and have tlimotarized. ii: ... 0 Q Him, you are talking about who? A My son. Q Who gave him ? A My father gave my son the title. Q After he signed on the back, is that right? A Yes. " -"'\':· -----------~----~ Bernice Sala 75 A Yes. Q Who is Mrs. Norton? A The Notary Public. Q In Donora? A Yes, sir. ~Q Did shetransact your father's business, whatever he had? z < ~.A )o Yes. ' UP z ~Q So then you saw him hand the title over to your son, is that right? i 0 ~A Yes, I did. z x ~Q ~ Did your son come back then? .: 2A a: Yes, sir. He went to Mrs. Norton's and she said that he would ha e .. Ill 0 .I to have--- < 0 gQ ., This may be objected to as to what she said . . ' ~ X ~ til MR. HORMELL: I'm not going to objEct. ui a: Ill ·~ Q Well, all right. Willyou tell us what happened? 0 II. Ill a: A .. She told him,my son, that he was not of age.to own the car; that a: :I 0 0 .I he should go back and have somebody older come with him. But < 0 ii: II. when my son told my father that, he said, "Well, as long as you 0 ' have the title signed and this is my signature, you can do this any time you like." He said, "This is what you need and this is what I am doing." So he handed him that and he felt that this was suffic ent. Q Did the car have the current 1969 license plates on it? A Yes. Q And the insurance was paid up? ,------------.-..------ e r-----------------------~B~e~r~n~l~·c~e~S~a~la=-------------------------------~--7~6~'---l A Yes, sir. Q All right. So then who held the title, actual possession to the A Q <1: z <1: > A ..1 > Ill z z Ill D. i 0 ... Cl z i Ill e~:-· 3: ~ ~ Q E ..1 A <1: u E :I Q. "' ~ Ill A ui a: ~ Q 0 D. Ill a: ~ :I 8 A ..1 <1: u t Q 0 title from that time on? Who had it? Well, he gave it to my son and my son put it in a cupboard. Why didn't you go down and complete the transfer of this title sooner than what appears in here? For one thing, the insurance hadn't expired that was still paid on there. And there was no need to go right away do that. I didn't feel it had to be done right away. So long as the insurance was still ~here, I didn't feel that it was necessary to run down and do hat. But this is your father's signature on the second page? Yes, sir. Did· you see him sign it? Yes, sir. brou.ght out that the car title is May 17, 1949, so what model car would .it have l:een? It would be a '48 car, 49 model. Well, you wouldn't be able to tell us anything about that so we'd better not ask you that. And your father never took the title back from your son, did he? A No. Q And then when you went down, why did you have the title issued in your name? 1 A This was Mrs. Norton's suggestion. Well, it was the woman that l_----411t--' -----------1- ----.--------------------~- Bernice Sala 77 worked there1 saidput it in your own name because he's not of ag And she said just sign it in your name. I just went according to he advice. Q And did the family know about this, the rest of your sisters and your nephews and nieces? "'A Yes, sir. z o( ~Q >-Was there any disc~ssion with the family about transferring the Ul z z ld D. title? i 0 . ~A Well, a cousin of his asked for a ride in the car and he told my z x Ul o( ~ son--- ~ Q a: You didn't hear that. Your son better tell us about that. 1-Ul ~ Okay. o( 0 0 Q :I Where is the car now? .., :1: 5A At home. ai a: ld Q, 1-a: Now the banf<_ bo'M;-s, you are questioned about going in there. 0 D. ld a: 1-How many times did you go irrto the bank box by yourself before a: :I 0 u Mr. Tosi went over? .I o( 0 A ii: ... ·Once. 0 Q For what purpose? A For the Will. Q And did you get the Will out? A Yes, I did. Q Who sent you up there to get the Will? A You did. Bernice Sala 78 Q Was there a bank official there with you all the time? A Yes, sir. Q Now there is some question, somebody said about how much incon e ceA z c( ~Q >-Ul z ~A D. i ~Q z x ~A ~ ii1Q ~ Q .J oC 0 c A :I .., ~ N ui a: Ill ~ 0 D. Ill a: ... a: :I 8 Q .J c(. 0 ii: ... 0 your fa th~r had. I think you said he got $97. 50 pension, that is from the United States Steel Corporation. Yes, sir. And $136.00 was Social Security, is that right? Yes, sir. He got that each month? Yes, sir. Now you did tell us that he sper:t the money by paying the utilities and the taxes. What else did he do with his money? Well, whatever he would spend to play cards or if he bought any groceries that he would like or any occasions that he was ever invited to, he gave always money, you know, for that, church collection. Like I say, utilities, taxes. Now you said anything he was invited to; specifically, can you tell us som.e of these gifts that he made in his lifetime? For instance, was he invited to any weddings? A Yes. Q Whose wedding? A Well, the immediate family or ---? Q Yes, the immediate family that you know of. A Well, there were right here, there were three grandchildren that ~-~------------------.----- Bernice Sala had gott~n married in his lifetime. Q Which ones, whose children? A Charlotte Szerszen's two. Q That is your sister's two children? A Yes. c Q And? z o( ·~A And then my brother, one child. ~ z ~ Q John's child? II. i eA Y 1!1 es. z i . i Q Now how much did he give Rita Szerszen when she got married? $300.00. And did he give her any money when she graduated from school? Nursing school, he gave her $200.00. S Q How about Anthony Szerszen? Did he give him any money? ai a: ~A a: 0 II. ~Q ~ ::l 8A ... o( ij Q ii: IL 0 A Q He gave him a sufficient amount. Do you know the exact amount? I don't now the exact amount, but I would say several hundred . John's son? John's daughter, he gave $,100. 00. Where did he keep his money at home? A In his bedroom with his personal belongings. Q And the amount that you reported here was three hundred some dollars, $319.40. Where did you find that? A In his personal drawer. 79 Bernice Sala 80 Q Was there any other money of his around in the house anyplace? A No, sir. Q That 1s all you found? A Yes, sir. Q He died in October, I believe, wasn't it? o( A Yes. z o( > Q ~ Had he paid the ± 96 9 School Taxes ? Ul z z A Ill II. Yes. i e Q Cl z Just before that. They came out what, in July or August? :t ~-A ?; Yes. .,: Q 0 0: And the county and the ,borough taxes would be paid? 1-Ul a A e ... o( u Yes. Q Q :I ., Also, on his lodge insurances, wbolpaid that? :z: ~A He did. ui a: Ill Q 1-a: And the beneficiary of that was John, of course? 0 II. Ill a: A ' ~ Yes. a: :I 0 Q 0 ... So he had two policies of $1, 000 each. o( u A iL ... Yes. 0 Q That cost what a month? A I'd say $3.50 a month. Q For each one of them? A Yes. Q That's all we have, Your Honor. ----------~r-----------------------~tBernice Sala RECROSS EXAMINATION BY MR. HORMELL: Q Mrs. Sala, when your sb1n. went down to Mrs. Norton to get the A Q ~A z <C " ~Q Ol z z Ill D. i ~A z x ~Q == title to the car, she refused to put it in his name, is that right? Yes, sir. And this is the same Mrs. Norton who later put it in your name? Yes, sir. What is the reason that was given for refusing to put it in your son's name? . She told him he wasn't of age. 'Would you refer to that that it was illegal? Pardon? I~ that the impression that you got, that it was against the law? I really didn't take any impression. He said that and I didn't question. it. All right now, when you went down and Mrs. Norton put her seal on the certificate, did she know that your father was dead? Yes, sir. And she put her seal on there knowing that he was not dead and actually, he did not sign that in front of her. A Yes, sir. Q Is that correct? A Yes. I Q Let's talk about those bonds for a moment. The bonds you claim were purchased from the money received from the check that 81 ----------------------------------------.-----,1 'Rernice Sala 82 was in yours and your husband's name? A Yes, sir. Q Now you told Mr. Barna tl_lat your father had died as a result of ~ z < A ~Q > Ill z ~A D. i ~Q z :c ~A ~ a fall. Is that true? Well, are you stating the cause on the Death Certificate or the fal ? I mean--- I'm just ask_ing whatyou told Mr. Barna. Well then; directly I would say it would be the fall, yes. That is not the same that was on the Death Certificate. The Death Certificate had---I don't remember really what it was on, do you, Mr. Barna? Mrs. Sala, may I, with the Court's permission, Mrs. Sala, may I request that you direct your answers to me and not ask Mr. Barlla what your answer should be? MR. BARNA:, SR.: We object to this, Your H!:>nor, because I don't think this statement would be placed on the record. I think this witness was fair, I think she is trying to do the best she can in spite of all the questions that both of us have been asking. THE COURT: She may be doing the best she can but it isn't proper to ask ctbunnsel questions. She can answer her questions; if she doesn't know something she simply says she doesn't know it. MR. BARNA6 SR.: I might say, Your Honor, Bernice Sala I have the Death Certificate here if counsel wants to read it. THE COURT: You can produce that at the proper time. Q Now if I remein.ber correctly, you had indicated that along about :! ~ . the time your father fell, which was about October 11 to 14, that :i >-~ is whe~ ,you first talked about giving this money to the children. z "' II. i Is that true? ~ ~A N . :r o, s1r. Ul• ct ~ Q When did you first talk about that? ~ 0:: ~A I would say th .. e end of July. Q .J ct . § Q July? c ::J .., ~A Yes, sir. T.;J . .o£e N8.s N ~ Q""<' I!! 0:: 0 II. "' 0:: I-~A 0 u .J ct u ii: II. o A There was a plan with your father to give you and your two sisters $2,000.00 apiece, wasn't there? Pard.om? I don't understand the question. (Stenographer reads back last question). Well, I don't know what you mean by a plan. I mean my father's wishes were to give them $2, OOO,aye:sce Q And you knew about those wishes? A Yes. Q And your two sisters lnew about those wishes? A I don't know if they did or not. I never questioned them. -,-----------------------------------------------------------------------.------ Bernice Sala 84 Q You gave them the check, didn't you? A No. Q They got the check directly from your father? A Yes. sir. Q Now your father was in the hospital two or three times. One of ~ them was on October 11. 1969, which ultimately led to his death. z _.,< .~A > ' Yes, sir. Ul z z . ~Q But lfe had be en in the hospital prior to that time ? i gA Cl z i ~Q ~ In a different hospital. §A a: Plus the same hospital. He was in the same hospital also. ... Ul ~Q In fact, he was in the hospital on the day that the $4, 000 check o( 2 c ::l was written. .., :t .. " A N He went to the hospital then. •· ul a: ~Q On that day? 0 "II. Ill a: ... A Yes • a: ::l 0 Q. 0 .l And two days later he had the last rites. o( . . § A IL IL Yes. 0 Q Isn't that right? A Yes, sir. Q And the very day that your father was given the last rites you wen to the bank and bought the bonds. A No1 sir. Q It was the day after he got the last rite:sg? Bernice Sala B5 A No, sir. Q What day did he get the last rites? A Oh, about .the seventh, I would say. I would think it would be the seventh of August because he went in on the fifth of August. I really---it couldn't have been the fifth because that was Tuesday, ~ I think. z ~ Q ..J )-Your sister Jeannette was in Bermuda, wasn't she? 01 z z A Ill II. Yes. i 0 Q 1-" And that was on a Monday when she got the bonds. ' z % ~A ~ No. I didn't get the bonds on Monday. .,: Q 0 it Now at that time you said that that is when you had the conversatic n . -1-'Ill •· Q ..J o( with your father to give the bonds to the children. Didn't you do th~t? ij o A :J No. .., :t ·5 Q Did you have the conversation before that? ui n:: Ill A 1-n: I had the conversation, like I stated, longer than a week before th s 0 II. Ill n: 1-he wanted to do this. But it wasn't done until he demanded that I n: :J 0 0 go down and do this. ..1 o( ij• Q ii: IL The day he was on the way to the hospital? 0 A No. That was August 1st. Q Isn't that the day he went to the hospital? A No. That was a Friday, August 1st, and he didn't go to the hospit l until the fourth, which was a Monday • . . Q And he went to the hospital on a Monday, the fourth? A Yes, sir. ---------------------------~~---. . Bernie e 'Salaa 86 Q And he had the last rites in the hospital? A Yes1 sir. Q That day? A No. Q The following day? I'm not sure if it was the following day or the day after. I don't know if it .1.yas Tuesday or Wednesday. I don 't really remember. You know that he went to the hospital on the 4th of August? Yes. And do you know that you bought the bonds on the 5th of August? I didn't buy them on the 5th. They were left there to be typed and I was to pick them up. L took it down on the 4th. Let me see the bonds. What day does it say those bonds were issued? The 5th. You went down the flay before that to get them? Not to get them1 sir; to get them made up. . I And at that time your father was in the hospital? A No1 not at the time I went down to the bank1 no. Because I went to the bank and this happened late in the afternoon that he started to hemorrhage. This wasn't that he was in the hospital and I I went to the bank. When I went to the bark there was no anticipatiop. I of him hemorrhaging and going to the hospital. Q How many grandchildren did your father have? '~ .. ~. I. Bernie e Sala 87 A Twelve. Q How many of them received $1, 000 each? A Four. Q They are all your children? e A Yes, sir. ~Q I have the record here of the date when the original Will was probe: ted. z o( > .I > Th~t is. dated October 22, 1969. I refer to the original date of Ill z . z Ill Q, probate, Your Honor. Now you say you were in the box once i 0 .. 1!1 before that will was probated between that date and October 14th? z x ~A == Is that true? ..,: !:!A It Well1 no. I wouldn't have gone into the box before he died for the .. CD Q e .I o( 0 Will. -, gQ ., I didn't ask you why you went to the box; I asked you did you get :1: ~ , 01 into the box more than once between October the 14th and October ui It Ill .. It the 27th? 0 Q, bl ~t A .. No, I did 'not. It :I 0 Q u .I Now didn't you go to see your sister, Charlotte~ after you got the o( 0 ii: IL Will out of th.e box and before you went to see Mr. Barna? 0 A After I got the Will out of the box? Well1 I saw her on the 15th. e Q Did you tell your sister---was that on a Wednesday at her home in Monessen? A Yes, sir. / Q Did you tell her that you were going to pay your father's funeral b"ll? A Yes~ sir. ----------.-.-------------------------------------------------,,..----- Bernice Sala 88 Q Did you tell her you were going to give the rest of the money to her? A No, I did not. Q Was this before or after your husband called Stanley Szerszen? A This was the same time because my husband was with me. Q This all happened at the same time? <A Yes, sir. z < ~Q ~ Now· your father's Will provided that the debts were to be paid Ul z z Ill D. and you were to get the house, and then everything else was to be i 0 '"' C) divided equally among the three children. Didn't it? z x ~A Yes. ,. ti Q ii1 And up until the time when the thousand dollars was received by '"' Ul Q ..1 your husband and up until the time the $4, 000.00 was received < u Q ;:) "'l by you, which you claim is for oyour children, this was the plan :t 1:. w that was being carried into effect, isn't that true? ai a:: Ill A '"' a:: Yes, sir. 0 D. Ill a:: Q '"' And each of the children were being treated equally, is that true? a:: ;:) 0 A u Yes, sir. ..1 < u Q iL IL Isn't it true that you told both your sisters that your father's 0 Will was going to be carried out and that is the way it was going to happen, that each one was going to get an equal share? Did you tell them that? A I can honestly say I never discussed my father's Will with my sisters when he was alive. Q Did you tell them that there was $5, 000 less in the accounts than Bernice Sal a 89 what they knew was in the!<e before? I didn't know if they knew what was in there. Didn't you offer to tell them anything about it? No, I did not. Were you on speaking terms with your sisters? Very much so. There was no reason why you wouldn't talk with them about your father's business, was there? Yes, there was, because it was my father's wishes. It was his wishes ? Yes, sir. He told you not to tell them anything about it? Yes, sir. He didn't want them to know that the grandchildren got this money~ He didn't want me to discuss his business because he felt it was him to do with whatever he wanted to do with it. As a matter of fact, Charlotte asked you about it and you told her that it wasn't anybody's business. You didn't tell her your father didn't want anybody to know. Isn't that true? Asked me what? She asked you why you didn't tell her about the gifts for the childr n. She didn't ask me that. She was all for me. Charlotte? Definitely, all for me. Bernice Sala 90 Q Charlotte is in Court, isn't she? A Yes, she is. Q Didn't you tell Charlotte that---or didn't Charlotte tell you this would all come out in the wash and you said, "Well, if it does, that would be after he's dead. 11 Did you tell her that? No, sir. How many times did Charlotte and Stanley find your father hemorrhaging? !•don 't knOIW how many times they found him. I know of one time that he was bLeeding and she called me. Where were you at that time? I was at my husband's sister's house. Was· there anybody there with your father? No, sir. He was by hims elf? Yes, sir. But he felt that---we discussed this before I went. This incident on October 11, he fell out of a window. you say? I really don't know. I wasn't there. This is what I came back and heard. Is that the same window that you have since had changed and repaiired? Yes. That's all, Your Honor. '-----------------------------· ·--- ,-------------..---- ----------~~----------------------~~~P·~~e_Sa~l~~-----------------------------,~Q~l~ <( z <( > -g ' z z Ill II. i ~ 1!1 z x Ul ~ ti ii: ... Ul Q -... "' § c ::J .., MR. BARNA, SR.: If the Court please, at thiJ time I think since it's been raised we'd like to, in connection with the witness's testimony, introduce the Death Certificate. Let me call the Court's attenti n particularly to the immediate cause, '(rut, Upper Gastro-intestinal hemorrhage, due to (b) Carcinoma of Larynx. Then under part two, other significant- condit.ions: fractures of ribs. MR. HORMELL: May it please the Court, I had another couple of questions I'd like to ask if I maty. THE COURT: All right. 5 CONTINUED EXAMINATION BY MR. HORMELL: Mrs. Sala, the check for the thousand dollars which ultimately your husband had, did that check have anything on it at all besides your father's signature when it was taken to the bank? Well~ it would have the amount and the amount ofth~ money~ how .rmuch was on the check. I believeyou testified that the handwrigil.g._rtndicating the amount that was on the check was not your father's? A Yes. Q I think you also testified that you didn't see who put that in there, isn't that true? ----~-----.-.------------n~ -~ ~c ~" 1" -9.2--, ~------------------~~~~~~~---------------------, A I said that that wasn't his writing on that check1 no. Just the I signature was his. Q I am· referring to Exhibit "A" here and we are talking about this check1 the $1, 000 check dated December 27 • Now at the time of that, this was brought home, your testimony was that the paper was brought home and your father signed it. Is that right? Yes. This was all blank, is that right? Answer for the record. please·. Yes. And then it was taken to the bank and someone wrote the amount · in, is that true? Yes. And then the check was issued, is thatttru:e'i? Yes, sir. Now with respect to the check for $4, 000. 00, that was signed by your father in blank, right ? Yes. And then it was taken to the bank, is that true? Yes. And then the bank typed in $4 1 000, is that true? Yes. And after the bank typed it in, theh we had this check delivered as a result. Is that true? A Yes. 'Rernice Sala 93 MR. HORMELL: May it please the Court. at this time I would like the Court---I wouls:I like to call to the Court's attention the requirements, legal requirements of a gift being consummated and I would call to the Court's attention that at the time these checks were signed there was no gift of anything othe1 than an unsigned check and that when the checks were taken to the bank the bank completed it so that it ·does not~meet the requirements of a gift since there was nc delivery of the same at the time by the decedent. I just call this t<JD the Court's attention for future reference. THE COUR'E.:T The Court is aware of thE law relative to gifts. And we will take the matters into consideration in determination of this aspect of the case. Now at the time that you were taking your father into the hospital for the cobalt treatments, his car was at home, wasrl.'t it? Yes, sir. And your son was able to drive it? Not then, no. He wasn't? No. You were able to drive it? ----------------------------------------- t I Bernice Sala A Yes. Q Your husband was able to drive it? A Yes. Q That's all. !!; z ~ EXAMINATION BY MR. BARNA; SR.: Ill z ~ Q Did you use your father's car or your own car to take him in i 0 1-C) for the cobalt treatments? z i: ~A 3: I used my car all the time until ou.r car had broken down and t ~ in the mean time before we got the new one, there was a time 1-!!! 0 ..1 there when there was no car so that's when I used my dad's car o( § 0 :I .., when I had to take him into Pittsburgh. Other than that,. it' was % ~ ~ the necessity of having a car. ui 0: Ill Q 1-0: About how long did you use your father's car? 0 II. Ill 0: A 1-I would say maybe only about three or fourttime:s. 0: :I 0 Q u That's all. ..1 o( u ii: ... ·r ~iF I::i:EE COURT: You are excused. 0 MR. HORMELL: At this time I would like to call Stanley Szerszen to the stand please. MR. BARNA~ SR.: I'd like to have an offer o proof. MR. HORMELL: I propose by this witness, Your Honor, to prove what occurred when Mrs. Sala 94 . ! --------1 1----------------1../Erean 1 Pv ~ze rs zen 95 and Mr. Sala approached Charl.dtte Szerszen and tried to make arrangements different than what the decedent had set forth in his Will. MR. 'B.L\R NA~ SR.: Is that all? MR. HORMELL: And also for the purpose o attacking the credibility of the statements of Bernice Sala as to what she did and did not do at the time that she and her husband met at the home of Charlotte on Wednesday prior to the reading of the will . . MR. BARNA, SR.: If the Court please, we object to this witness testifying to any conversation of anything about the will after the father's death and any proposed negotiations because the will is clear. And if there is any discussion that was evidently carri~d out and fulfilled and it is not releva-nt· to this case and it is not set forth as one of the objections. The objection is overrule< ; exception noted. You may continue. .. Stanle.:v Szerszen 96 STANLEY SZERSZEN:IS CALLED AND SWORN. DIRECT EXAMINATION BY MR. HORMELL: Q What is your name please? A Stanley Szerszen. MR. BARNA: Wait. Furthermore, aren't we stopped by the---no, this is after he died, tl at's < z ~ Ul z z Ill ll;Q z e ~A i Ul < ~Q ti ~A Ul c ~Q 0 c ; A ~ ~ w ~Q 0: Ill ... ~A II. Ill 0: ~ Q :J 0 0 ..1 < 0 ii: ~ A Q A Q right. Where do you cllive, Mr. Szerszen? In Monessen. What is your address? 2 3 Elm Street. You are the husband of Charlotte Szerszen? That is correct. You have been sitting in Court during all these proceedings? That's right . Are you the Stanley Szerszen to whom we have been referring and talking about a $2, 000. 00 check? Right. Did you and your wife receive such a check? Yes. Were you in Court when Mrs. Sala was testifying about she and her husband coming to your home? A Yes, I was in Court. Q Did you hear her testimony? Stanley Szerszen 97 A Yes, I did. Q Now when did they come to your home, Mr. Szerszen? A I believe it was on October 2 2nd. Q That was four days before the will was probated, is that right? A Yes. c( Q Did you go with your wife down to Mr. Barna's office? z c( > A ... I wasn't there. >-Ill z z Q Ill II. ·Do you know the date that she went down? i 0 A ... CJ On November 1, 1969. z i' Ill Q ; That was after the will was probated? ~ A ii: Well, I don't know. ... Ill c Q ... That she went down. So this meeting took place at your home, is c( u c :I that right? .., ~ A N Which are you referring to? vi a: Ill Q ... a: With Mrs. Sala and Mr. Sala. 0 II. Ill A a: ... On the 2 2nd, yes . a:. :I 0 Q u Four days before the will was probated? ... c( u A ii: Yes. II. 0 Q Now what happened at that time, Mr. Szerszen? A I don't know. ThE3re was---Bernice and Joe was talking about--- Q Speak up; I can't hear you. A Joe and Bernice was up the house and they tried fo make a deal about settling this estate. The first thing he asked me about, wha they are going to do about it, and I told him I didn 1t know nothing ~~--------.-.--------- 1 -----------------.--- Stanley Szerszen 98 about it. In fact, he asked me about--on the 23rd he asked me about Mr. Bury. He called me up to try to make a deal with me. Q What was the deal? A He was going to give me two thirds of the money. Q Of what money? A I assumed there was a sum of money in the box in the bank. Q In the safety deposit box? A Yes. Q How much money was in there? A I wouldn't know. Q He wanted to give you two thirds of it? A That 's.r what he tried to make a deal, give· me two thirds and Jeannette one third. Q What did you say to that? A I said I don't know nothing about that. Q You may cross examine. CROSS EXAMINATION BY MR. BARNA~ SR.: Q You were present, were you, when Mr. Wojnar gave your wife the $2, 000 •. 00 check? A I was there. ·And who else was there then? ·A There was Bernice there at that time and my wife. C:::t::tnlP.v ~'ZP.rR'ZP.n Q And did you see all the checks that--- A I didn't see all the checks, just that one check. Q Did he give Bernice her check in front of you too? A No, I didn't see that. Q As far as you are concerned, the giving of that $2, 000 check to you and your wife was all right, wasn't it? A As far as that day it was, yes. . . ' Q That part is all right. This so-called meeting at your house took place after Mr. Wojnar's death? A Yes, that's right. Q There was a dispute, wasn't there, between the Bury's and the which rest of you about the $14POC\OO mill insurance in/Mrs. Bury was named as a beneficiary and was to be used for a funeral, wasn't there? A I don't know anything about that. Q There was a dispute along that line, wasn't there? A I can't say. Q You can't say? A No, because I don't know too much about that. Q You didn't hear about it? A No. Q Wasn't that one of the arguments between you people? A There was no argument about me. Q No1 with the rest of the family. 99 ... Stanley Szerszen A That was their problem. I don't know, I wasn't stepping in too much with that. Q There was discussion about that. You knew there was $1400. 00 A !!Q z ~ ~A Ul z z ~Q i e Cl z i: Ul ; A ti ii: .. Ill jj ~ Q u jj :I ., ~ til ui 0:: ~ mill insurance, didn't you? Who? You knew there was $1400.00 mill insurance? I don't know about that either. .. When you talk about dividing money, two thirds and one third, do you know what kind of money they_are talking about? I assume there was a lot of money in the safety deposit box, that's all I know, because the other money you couldn't touch. That's all. -THE COURT: You are excused, sir. MR. HORMELL: Mrs. Charlotte Szerszen please. 100 0:: 0 II. Ill 0:: .. 0:: :I 0 u MR. BARNA.t SR.: May we have an offer· plea~e, ..1 c( u ii: IL 0 on her? MR. HORMELL: I am going to try to prove by this witness that the Executrix had told this witnes1 certain facts which led her to believe that the only thing available to divide among the three children was $2, 000 apiece. She knew the contents of the father's Will and that each of the children were to receive an equal share other than the house; that then she --------------------------------------.-- 101 found out that the money had been taken out of the banl at a time when her father was not in a mental and emotional condition to take it, and was given to the children of Bernice Sala. That Bernice had called he and told her about an agreement whereby she wanted to divide the money between she and Bernice, and that she h.ad protested to the Executrix that this wasn' proper; and that the Executrix did tell her that every- thing would come out in the wash. And for the purposE of contradicting the testimony of the Executrix as to the statement that the father would be dead before anybody could hear the stuff, and therefore, it wouldn t I do any good. MR. BARNA., SR.: ·We object to any conver- sation that this witness might have had of events befo1 e the father's death or with the father on the Dead Man' Rule. Secondly, we object to any testimony about the mental or emotional condition of the decedent because it is not raised in the Objections and there has been no groundwork laid for it. THE COURT: The objection is overruler , exception noted. Charlotte Szerszen 102 CHARLOTTE SZERSZEN IS CALLED AND SWORN. DIRECT EXAMINATION BY MR. HORMELL: Q What is your name please? A Charlotte Szerszen. Q Where do you live? A ~ 23 Elm Street, Monessen. z <( ~Q >-You are the wife of Stanley ? Ul z ~A Yes. II. i eQ Cl You are one of the heirs in this Will? z i: ~A := Yes, I am. ~Q a: . And you are one of the residuary legatees.? 1-Ill Ci A Yes . .J <( ij Ci Q ::l Do you know what that means? Do you? ., :t 1:. A (II I'm entitled to one third. ui a: Ill Q 1-a: What's left over. 0 II. Ill A a: Yes. 1-a: ::l 0 Q u Now speaking of being entitled to one third or what was left over, .J <( ij ii: ... did you and your sister have a conversation after your father died 0 about how much money there was in this estate? A I found out the day--on the 21st when we were writing Thank You cards. Q October 21st? A He was buried, that was after he was dead and buried, that's whe I found out the amount of money. e Charlotte Szerszen Q What did you find out? ~ z ~ ..... > (I) z THE COURT: That wasn't the question o counsel. The question of counsel was did you a~d Bernice have a conversation concerning that feature? Now you say you found out; you don't tell us from whon. The question here is first1 did you and Bernice have a conversation? Did y_ou or didn't you? ~A II. Yes. i g I!) z % Ql ~ ..: 0 a: 1-!!! Q .... o( 0 c :I "'I :1: ~ til ui 0: Ill 1-0: 0 II. Ill 0: 1-II: :I 0 0 .... o( 0 ii: IL 0 THE COURT: All right. Then did you fir d out from her? A Not from her. THE COURT: All right; Now let counse continue with another question. Q And what was this conversation with her? A That Jeannette, Bernice and myself were to get one third from my father's estate. Q I see. No'}( you found out later that s orne of the remainder had been paid and given to the children, is that right? A Yes. Q Where did you find this out? A At my dad's home after the funeral. Q And how did you find it out? A We were writing Thank You cards and she had asked Jeannette 103 what to do next, because she didn't know what to do. So she wanted--- ! Charlotte Szerszen 104 then Jeannette had asked her how much money was in .the bank . She said it was no body's business. So then Jeannette had told her how much was supposed to be in the bank in January, which she got all excited and said nobody was to know about this,but her and my dad. While my dad was living it was his business, but ~ when my dad died I feel it's our business. z <C Q > .J Did you ask Bernice why she didn't tell you abo.ut the gifts for her > (J) z z Ill children? II. i 0 A ... 1!1 Yes., I did . z x Q Ill <C What was her answer to that ? ~ .,: A 0 a: Her answer to that was she didn't think it was anybody's business ... !!! Q Q .J Did she at that time say anythihg about the wishes of her father <C ij Q :J and your father that it not be to rd. to anybody? ""' :r t.: A Ill I asked her why she did_n't mention this before because it would oi II: Ill ... come out in the wash, we wou.ld find out eventually. She says, II: 0 II. Ill II: "Well. when you would find out he'd be dead." ... II: :J 0 Q 0 And would it then be too late? .J <C ij ii: MR. BARNA: Donrr"add to the witness's .... 0 answer. Let her answer it. We object to it, Your Honpr. Q Now did Charlotte and her husband come to your home in MonessEn? A No. Bernice and her husband. Q On the Wednesday before the reading of the Will? A Yes. Q Did they make a proposition toyou at that time and your husband? ,--------------..------------------- Charlotte Szerszen 105 A Joe had made a proposition to my husband but Bernice had come over herself and she told me that she was going to pay for the funeral and the rest of the money I could have. And I told her that I didn't want anything that didn't belong to me. I didn't want e a dollar of Johnny's1 Jeannette's. Bernice. All I wanted what wa~ :!: legally mine and everything that's legally mine. z ~Q ~ "W_hat .money was _she talking about? z ~A ·-I assumed there must have been extra money in the box or some- II. i 0 1-" pl9-ce. z x Ill o( MR. BARNA; SR.: We object, Your Honor. ~ Boca use she couldn't---the money would be in the bank, you can't --~A ii: 1-Ill a e .I o( u MR. BARNA; SR.: Wait a minute. There's a :I an ob_jection. We object to any question that is starting ., % " N in I assume. IIi a: Ill 1-THE COURT: The objection is t\1\IJie rrule< . a: 0 a. Ill a: She can tell us what she assumed. Then it is for the 1-a: :I 0 u Court to pass on whether there shall be any weight .I o( u ii: given to the testimony. She assumed. Go ahead, tell )1. 0 us what you assumed. A Because the money that would be in the bank would have to be accounted for. And if the Will states three ways, how could she give me anybody's? Q Did you know how much was in the bank at the time of your father'~ death? ---------------- -------11------------BHARLOTT E Szerszen A No, I didn't. Q That's all. :$ CROSS EXAMINATION BY MR. BARNA,:SR.: z ~ Q >-Ill z z Ill D. i e A "· z x ~ Q ~ ~ A a: .. !!.! ~ Q u g A ., You didn't ask your father about how much money he had, did you. at any time? No. I didn't. . . You knew where he had the money, in which bank? I didn't know where he had his money. Did you ever see his bank bock ? No, I didn't . You are familiar with the $7. 000 withdrawn in January of that year, were you not·? All 1 can account for is my $2, 000. But you talked with your father? No. I didn't. My father gave me a check for $2.000. But he didn't tell me what he had for anybody else. Q He just gave you a check for $2. 000? A He gave me the check; that was it. Q Is that the only check he had in his hands ? A I don't know what he had in his hands. Bernice handed him the book and the checks. I don't know what the papers were there. 106 rharlotte Szerszen He handed me the check, that's all I can account for. Q But your father had the bank book and the check in his hands and then he gave you the check, is that right? A Yes. :!: z < Q ~A > Ul z ~Q i ~A z i ~Q . == . .,: 2A II: ... Ill Ci .J < 0 gQ ., :1: 5A ui II: bJ ... II: 0 D. bJ ~Q II: :J 0 u ..1 < 0 ii: ... 0 A A Q A And you don't know how much money was in the bank after that mo ey was withdrawn? No. And didn't make any efforts to find out? Why should I? Your father had been retired ~ow long? Well, he retired in '55 and died in 167. I imagine it would be 12 years . You knew he had a lot of illness and sick9.efilS1 spent a lot of mone ? His hospitalization, his Blue Cross and Blue Shield had covered everything. He told me himself • Now assuming that your father had more money, did you take in consideration the gifts he had made to his various grandchildre ~ and relatives? Why would I consider that? Well, he did gi~e your children money, didn't he? That's for my children to answer. I know, but you Knew about it. That's for my children to answer. My children got married but they got the gifts. I didn't. 107 Charlotte Szerszen 108 Q How much did he give your children? A I don't know what he gave my children. Q Oh, now 1 really. You mean to tell us that you don't know what your father gave your children ? A This is between me and my sisters, not between me and my child1 en. ~ I leave my children out of this. This isn't a battle between grand- z <( children. This is a battle between the s ist~rs . > ..1 > en z Who said there's any battle? z Q Ill a. i You're saying it. 0 A 1-C!) z i· I'm just trying to ascertain--I'm picking up your assumption en Q .<( :t that there's a lot of money and I'm asking is it not true that you kr ew ..,: u a: 1-en that he gave even money to your children for graduations and c ..1 <( wedding gifts? § c :J ., :1: There are other children that got married and weddings. j:; A N ui 0: Did he give your children money for graduations .and wedding gifts? Ill Q 1-0: 0 a. I'm sure he gave them something. Ill A 0: 1-0: :J But you are not willing to tell us how much? 0 Q u .I <( No. ij A iL II. 0 Q Okay, that's all. ,--------------------------------,,----, r'h::~rlntte Szerszen REDIRECT EXAMINATION BY MR. HORMELL: Q Just one question. Mr. Barna asked you if you had taken into ~ A z ~ ~ Q. Ill z ~ A II. i ·o ~ Q z x Ul cc ~ ~ A ~ Ul ~ Q o( 0 0 :J .., % t.:· N .ui . 0: Ill t-o: 0 II. Ill 0: ~ :J 0 0 ... cc .. 0 ii: IL 0 consideration what your father had given the grandchildren. Now cd:id you know anything about this money that had gone to Mrs. Salla 's children until after he had brought it out here? We didn't know about it before. You didn't know anything about it? What? You didn't know anything about it until I completed my investigatic n. . . Is that what you said? Yes. All right. MR. HORMELL: I'd like to call on Mrs. Jeannette Bury to the stand please. MR. BARNA, SR.: What is the offer on this? MR. HORMELL: The offer is that I propos P. to show by this witness that Bernice Sala told this witness that everything other than the house would be divided equally among the three sisters; that Bernice Sala, in fact, said she would pay for the house hersel , despite what her father had said. That Bernice, Charlotte and Jeannette, when the time for distributicn arrived, then learned that there was no money to be distributed because Bernice Sala had given it to her 109 -------------.-.------ ui 0: ~ Jeannette Bury children, and that this witness knew how much money was in the decedent's account at the time that the chec was delivered to her for $2, OOQ and what would have been in the account had the $5, 000 paid to Joseph Sala and thetfbur Sala children not been paid. MR. BARNA, SR.: We object to that. We don't ·, think it's relevant in this case. THE COURT: The objection is overrulec; e~ception noted, with the exception of the portion that you intend to prove the amount that would have been in the account had not the withdrawal been paid. If we have the amount that was in the account before the withdrawals, we can make our own subtraction. MR. HORMELL: All right, Your Honor. o-.n. ld 0: • .. ~ JEANNETTE BURY IS CALLED AND SWORN. 0 u ... O DIRECT EXAJYIINATION BY·MR. HORMELL: ii: II. o Q Your name please ? A Jeannette Bury. Q You are one of the heirs in this estate? A Yes, I was. Q What is your address? A Lee Plan, Box 331, Roscoe. 110 .TPannPtte "Rurv Q What is your husband's name? A Andrew Bury. Q Are you the Jeannette Bury to whom we have been referring in thi1 A c(Q z ~ ... >-Ul z z bl II. i g C) z i ~A ~ Q A Q A Q A testimony? Yes, I am. Jeannette, or Mrs. Bury, did you know how much money your father had in the bank at the time you received a $2, 000 check and your sister Charlotte and your sister Bernice also received the $2, 000 check? Yes, I did. How much money did he have in the bank at that time? $15,'000. Did you at that time, Mrs. Bury, know what the will of your fathe said?. Yes. Is that will the same will that was probated here, that is did what you mow say the same thing as the will that was probai ed? I was to get one third of the money. Did you know who was to get the home? Yes. Who was to do that? Bern ice Sala. Is that what the will said? Yes. That's what the will said. Jeannette Burv 112 Q After the debts had been paid and after the home had been dispos d of, did you know who was to get everything else? A The three girls. Q Now did y0u know what assets your father had besides the home a~d the money in the bank ? or:( A You mean personal property? z ~ Q ..I > Yes. Ill z z A Ill II. He had a car and furniture, as we were talking about here. And i he was bedridden for all those months., so he possibly couldn't have 0 ·I-C) z i Ill ; used any money that he was getting. He never went out anywhere. ..: u ~ 1- MR. BARNA; SR.: Wait a minute. We <;>bjec til Q e ..I or:( u to probabilities., Your Honor. You can't testify to c :I' .., probability. :1: 1:. Ill THE COURT: Yes; the objection is ui 0: Ill 1-0: sustained. That's a matter of conjecture. 0• II. . ; Ill 0: 1-0: :I 0 (Stenographer marks ObjeCtor's Exhibit "D"). u ..I or:( u Q ii: "' Mrs. Bury., I am going to show you Exhibit ".D" and ask you, is 0 that a list of furniture that was in the home which you and your sister Charlotte prepared? A Yes, it is. Q Have you and your sister Charlotte decided what you think that property is worth? MR. BARNA., SR.: We object to that; that .Teannt=>tte 'Rurv 113 has nothing to do with this case. A Yes, we did. MR. BARNA .. SR.: Wait a minute. After all she can't talk for Charlotte. A I'm talking for myself, Mr. Barna. ~ MR. BARNA., SR.: The question wasn't so z c( > .J )o stated • 01 z z A Ill II. I have decided that---- i 0 ... CJ THE COURT: Just a moment. What wa~: z i Ul c( ~ your remark, Mr. Barna? .,: u ir MR. BARNA, SR.: We object to this witness s ... !!! c .J testifying to any value· that she and Charlotte arrived c( 0 Ci :I at.:? "' :r: ~ til THE COURT: · Well, if she is stating fo ui o:· Ill ... 0: the record that she conferred with Charlotte and they 0 II. Ill 0: .... a: exchange~ ideas on the matter and then t?e figures th:tt :I 0 u .J c( she is going to give Jo us now are her own figures an •, 0 iL ... not somebody else's, w·e will permit it. If that is whc: t 0 she intends to tell us. Q ·Is that what you intend to tell us? A Yes. Q Will you do that then? A Are you asking me the value of'it? Q Yes. Jeannette Bury 114 A $:!i0!0. 00. Q Are you willing to pay $500. 00 for this? A Yes 1 I am. Q -Now did you have a conversation with Bernice about the distributipn A :$ z ~ Q ~ (I) z z 1&1 II. i e A Cl z i ~ Q ~ ~ A ii: .... !!! Q ... o( § Q :J ., J: /;: N ui a: 1&1 1-a: 0 II. 1&1 a: 1-a: :J 8 Q ... o( u ii:· A b. 0 of these assets after your father had died? No. Did you have any conversation with Bernice or anyone other than your father as to her paying for this house,?. With Bernice.:? What was that conversation? Bernice said lhat my father had given her the house,·. had stated in the house that she was to get it free for the simple reas.on that we could not have an appraiser appraise the house and take her. So-she said she didn't think it was fair and after he diec she would gi~e us something for the house because she didn't . think that she herself should have gotten the house alone. And when the time came for the distribution, what did you find? I found that the money that I thought was in the bank was already taken out. She had already given it to her children. Q That's all. Jeannette Bury 115 ......... CROSS EXAMINATION BY MR. BARNA; SR.: Q You had no objection to taking $21 000 from your father in Januar~ of '69, did you? A No. Q He gave it to you? A ~ He gave it to me. z o( > Q .J In his own hands ? )o 01 z z A Ill Yes. D. i .0 Q .. Cl And he had the bank book ~n P.is custody at that time? z i 01 A o( ~ No1 sir •. He went to the cupboard and he got an envelope and he ..: u it said, "This is for you." And my husband was sitting there along .. !!! Q .J side with me on the couch . o( § Q Q :I You don't know what else was in the envelope, doyou? .., % t. A Ill Just the check because he handed me---my check was in the enve ope ui a:: Ill .. a:: and he handed me the check and the envelope. 0 D. Ill Q a:: .. In a separate. envelope? a:: :I 0 A u Right. .J o( 0 Q ii: IL And as far as you are concerned1 that $7, 000 distribution in 0 January is all right, isn't l.t ?. A Yes. Q The only thing you are objecting to is the $4, 000 distribution in August, is that right? A Mr. Hormell is representing me. He has a list of the objections here. Jeannette Bury 116 Q Are you objecting to the $4, 000 distribution to the grandchildren in August? A Yes. Q What is the difference between that distribution and the January distribution? :! MR. HOR MELL: I object to this, Your Hon)r. z ~ .J > Ul z z Ill II. i ~ C) z i ~Q ~ ,..: u ii1 .... !!! Q .J oC ij 0 :I ., ~ N A ui a:: He's calling for a legal conclusion . THE COURT: The objection is sustained. It's argumentative. -· It's argumentative is right, Your Honor. You never asked your father after you saw the check, his bank book in January when he had $15, 000 left, you never asked him after that what he had in th eank, did you ? I didn't see his bank book. I!! Q How did you find out he had $15, 000 left? a:: 0 II. ~ A He told me . .... II: :I 8 Q And he told you no other figure thereafter, did he? ~ u A ii: What do you mean? II. 0 Q After that, you didn't discuss his bank balance with him, did you A No; · Q And you are satisfied with the $2., 000 gift from your father to you was voluntary, was a matter of his own concern, and his own business, wasn't it? A Yes. 1 1 7 Q And you were the proper object of such benefit as you were his daughter? A If he gave it to me~ yes. Q And you came over to see him once in a while, didn't you? A Now I would like you to answer what you mean by once in a while. :! Q You made regular visits to his house. z < > A ..I > I made regular visits, yes . Ql z z Q Ill 0. And it was proper for him to give you money in his lifetime, was 't i 0 ... C) it? z :i: 01 A < ~ Right. ...: 2 Q II: Of course, you didn't see him as often as Bernice did. 1-Ul Ci A ..I < Well, my God, she lived with him for 18 years, so she was in thE ~ Q :J same house. ., :z: ~ Q N You didn't see him as often ~s Bernice's chiidren did. ui II: bl A ... II: 0 I'm sure not because if they were in the same house1 nobody saw 0. bl II: ... a: :J 0 0 Q .I Now this list that somebody prepared here, you say is furniture < 0 ii: IL and it's worth $500~00, 0 A Right. Q It includes a colored T. v., doesn't it? A Yes. Q When was that bought? A I do not know. Q Who bought it ? ll.a.... Evidently my father bought it. Do you know? Do I know? Yes, who bought it. He didn't show me a sales slip, if that's what you're asking me. Well, you personally don't know who bought that T. V. set, do you? Well, if the house was his and everything was there, well, I gue~: s it was his. T?at 's a conclusion you ar.e drawing . Ifyou want conclusions, Mr. Barna, it was testified so much was put on the car, so evidently part of the Sala's car is my dad's too then. I mean he could have paid so much to the television the same as he paid to the car. So he could have paid for everything that's in the home. That is your legal conclusion. Right. That's my legal conclusion. The stereo, you don't know who bought that stereo? No. I never dreamed that he bought an Oldsmobile either. We are talking about the stereo. Does your father listen to stereo or was it SO,!llething for the children? A You said I made regular visits so he may have enjoyed that a a time I wasn't there. Q You never heard him listening to the stereo, did you? A I can't remember. --------,-.------------------- ----------~~----------------------~-Teannette Rurv 119 Q Now the blach. and white television, who bought that? A I guess my father. Q You just guess. You don't have any evidence to support your gues~. do you? A No, 1 have no evidence. Q The refrigerator, of course, was bought by your mother and your father some 25, 30 years ago,. wasn't it? A Yes, it was bought; my mother had bought it so it had to have been. ·there when she was living. And 1 was home at the time. Q How long had your mother. be en de ad ? A 19 years. Q. And your father continually lived in the same household with your sister, Bernice and her husband and children? A Yes. And she enjoyed his furniture, yes. Q Ranges, gas and electric, they are all---are they new or are the old? A They are evidently u_seable if she's still using them. Q No, but are they new or are they oid? A They were purchased beforehand too. Q And the washer, .what kind of washer is it? A I know my mother had a washer. Q Is it the same washer in there now that you saw your mother use or is it another washer? A Well, sir,. I didn't go down and inspect the cellar each time, but -------1 * .. J.eannette Bury 120 I do know there was a washer. Q But you don't know if it's the same one that your mother had or A Q < A z ~ Q >-VI z ~ A II. i ~ Q z x ~ A ti Q ~ VI jj ~ u g A ., ~ 1'1 ui a: ~ Q a: 0 II. "' a: ... a: j 8 A . .J ¢ u ii: Q ... 0 A not? No, but I know there was one. Now you said there's two bedroom sui.t~s. Right. How old a:r:e they? All of this, \yell, my mother had purchased this furniture. So it's about 25 years or more old? No, not quite that:· .. well, 20 years. 20, 25. Rugs, which rugs are left there that your mother used o purchased? Which rugs? Well, there's a rug in the hall; there's a rug in the-- there are rugs all over. But the old ones are just laying in the hall and in the livingroom, aren't they? The old ones? Yes, fro~ your mother's 'time. I have to go and inspect the house because like I say, when I visit my dad I don't go through the whole house. I'd-have to go see and see which oness a:re there, if I can recognize them as when I was there before or not. I only went to see my dad, not to inspec the household because she was living with them and I d{dn't snoop into their rooms. .TP~nnPttP ~U~------------------------------~~1~2~1~ Q So you can't tell us which rugs belong toyour mother and which A Q A o( Q z ~ g A z z ~ Q i e " A z i: Ill ~ Q ti A ii: ... Ill Q .J o( u Q ;:) "' ~ N Q ai 0: Ill ~ A 0 a. Ill ~ Q a: ;:) 0 u ~ u ~ A 0 ones Bernice bought and pen husband? No. Desk and chair. did your mother have a desk and chair? Yes. Livingroom and tables. that was your mother's yet? Yes. What shape are they in? What shape? Yes. I can't t~ll you what shape tlhe.y.:Jre in now because I haven't been ir the house since the 21st of October_ of '69. But they are useable and if they are still there they must be all right. The springs sag when you sit on them? I don't know. I would have to go and see. ·Dishes. do you suppose they have been replaced since your mothEr died? I don't know. Q How many dishes are there or what kind of dishes or how much s -.. paid for ·them:. do you know anything about that? A No. You asked me how much I was willing to pay for them and that's the answer I gave. Q Bots and pans. you don't know whether they are your mother's or stuff that's been replaced by Bernice and her husband, do you 122 A I know which ones are my mother's, yes. Q Which ones are your mother's? A I don't see either one. I'd have to see them to sort them for you. Q Now the family pictures, what kind of pictures are you talking abc ut? e A The family pictures, weil, to be honest about it, Mr. Barna, I :! wasn't interested in the family pictures. We had prepared this z < > ... >-together and Charlotte was interested in it, But I'll tell you Ol z z Ill II. that I had asked for a Crucif·iix( and I was told that I'd have to ask i 0 1-Cl z everybody if I could get that Crucifix or not. That isn't on there. % Ol ~ So the family picgures, I'm not interested in any family pictures. ..: 0 Q ii: Were you in the office when the Will was read? 1- (J) 0 A e ... ~ 0 Yes, I was. 0 Q :J ., You heard the statement that anybody wanting anything of your fat~er's :t t:. N or mother's, you could have? ui 0: Ill A 1- 0: I told you that I had retained the services of Mr. HormeU. So I 0 II. Ill 0: 1-in turn was dealing with Mr. HormeU, so then you wrote to Mr. 0: :J 0 0 .J Hormell that I could buy anything that I wanted. So I gave you a < 0 ii: IL list and I am willing. to buy them for $500.00. 0 Q e But at the hearing, you heard your sister saying any of you girls that want anything, you can take it out in my office, in my presen~e? A No, sir. Q That was not said? A That was not said. Q Then I wrote Mr. Hormell a letter and I said any offer you have ! I I e I A ~ Q z ~ A >-Ul z z Ill D. i 0 I-C) z x Ul cc 3:: ~ Q ii1 l-UI Q ... cc ij a A :J ., 5 Q ui 0: ~ A 0: 0 D. Ill 0: 1-0: :J 8 Q ... cc ij ii: II. 0 A Q A Q A Q A ;Ueannette Burv 123 to be-made~ we'll sell. You have not made us an offer at that time. This is the first you've made an offer. And you are includil g the T. V. set, which you know didn't belong to your father. I didn't know until today that he had interest in the Oldsmobile either. We are talking furniture, not Oldsmobiles. It's fact to fact. You're telling me I didn't know that. How do I know that he didn't---if he gave them $1,000 to purchase a car, -surely he gave them several hundred dollars to buy a television . because he enjoyed the television. DOJOU think he's an Indian giverthen and gave and t.hen took it back? Is that your idea·? I can't speah for my father. My father is dead. Your father gave you $2, 000? Yes. And he also told me what there was for me and I am here to get what there was. for me. And nobody asked you for your $2,000 back, did they? That wasn't an Indian gift, was it? No. That gift was all right. wasn't it? Well, sure it was all right. But everything else is wrong in this case? No, it's not because--- Okay. Go ahead. Q A Q A ~ z ~ Q >-Ill z z Ill II. i e A ~ z x ~ Q .. 3: ..: (J ~ Ul Ci A .I o( § g Q .., S A ui a: I!! Q a: 0 a. Ill a: ~ :J 0 (J .I o( 0 t A 0 Jeannette Bury In fact1 you girls got along quite well until you came down to make the application or to see about the mill insurance of $1400.00 issued by United States Steel Corporation~ isn't that right? You say that that's the disagreement? Yes. That caused disagreement to your family, didn't it? No, it didn't. That policy named you as beneficiary in your maiden name~ didn' it? Yes, 'it did. ' And the notice from the mill and the forms came to the house of the late residence of your fath~r~ didn't it? I dori 't know where it came . Well, you found it in the Sala household. . , . ·Right. And· you were going to leave them~ collect that money and in pursuance to your fathe.r's wishes~ let the money be a part of the funer::H expenses, weren't you? No~ I wasn't. ·until that day I don't believe anyone knew who was the beneficiary. The beneficiary is in my maiden name. It's not in Jeannette Bury. Q And it was your husband that made up his mind that night that you people were going to keep that $1400 and not pay the funeral expelliSes with it. A No~ sir. ------------ 124 ----.-.-------------------------------------------,.--- Jeannette Burv 125 MR. HORMELL: Objection. Q Weren't you--- MR. HORMELL: Objection. THE COURT: The objection is overrule Answer the question. MR. HORMELL: I don't know how this witness can say what her husband made up his mind to do. 'Wer'e you 'present when he called Mrs. Sala? No, I wasn't. And have you cashed in the policy, have you collected the money? Could I ask you something? -· No. I'll ask the questions . .> Okay. Have you collecfed the $1400. 00? Have I collected.the $1400:00? It was issued, yes. "' You have it in your own custody, don't you? Right. You have not offered to divide that insurance money with any othe" members of the family, did you? A That's an insurance policy and evidently, my father wanted me to get it so that he put me as the beneficiary the same as my e. Jeannette Burv 126 brother. He's a beneficiary and he didn't divide his up. So why--- he didn't offer me any of his, so I didn't offer anybody any of min2, no. Q Your father talked to you and told you this $1400.00 was to be usEd for funeral~ .didn't Jilel? A No. My father never told me that he gave me $1400.00, no. z ~ Q > Ill z z Ill II. Did he say that his mill insurance policy was to be used for his funeral? He did tell you that. didn't he? i e A Cl . My father is dead. z x i Q ·Before his death. ~ i ... Ill Q .I <t 0 Q :J .., £ til ui 0: Ill ... II: 0 II. Ill 0: ... II: :J 0 u ...~· <t 0 ~ 0 MR. HORMELL: May it please the Court, · I think the record will show that the Will of the deced nt said that his.funera 1 expenses were to be paid, first, from his estate. I object to all of this line of question ng because the wishes of the decedent are explicitly set forth in the Will as to who will pay his funeral expensF>s. THE COURT: The objection is overrule::l. It's a matter of credibility. Q Now you can answer the question please. A Pardon me? Q Now you may answer the question. A Well, if you will let me tell you completely--- Q Answer the question. THE COURT: Will you read the questio ? .TPannette Bur d27 ~-~----------------------~~~- (Stenographer reads back last question): "Did he say that his mill insurance policy was to be used for his funeral? He did tell you that, didn't he?" Yes. B ut that has not been done? Nothing has been done that was supposed to be done,_ no. Now how much would youggive for the refrigerator, the bedroom suites, the rug in the hallway and livingroom and the divingroom suite and diningroom? •- ~ . I feel,· sir, that if I have to show cause that that was all that was there, she should have to show cause that isn't all that's then~; for this I give $500.00. The items I mentioned? No, for ·this list. Because there's a colored television in there. For thts ·list, yes. But tillre items I mentioned, what, are they worth? What are' they worth? Yes, the items that I mentioned, your mother's old items . . -- They are worth $500.00. Weli, you're ·not asking--- Just answer my question. The items that I mentioned, what are they worth now? A Well, get an appraisal and have them appraised. Q You assumed to set a value on everything. Now break this down. ~---------------------------.~--~ 128 How much are those items worth now? A Well, I can't tell you now because I don't know what condition the are in now. Q At the time of the death? A I haven't seen them. :! Q On the death? z o( > A ... )o You don't have a way of showing me that they are in the same cor dition . !II z z Q bl D. You just---you knew the stuff, you saw it at the time of the death i 0 ... Cl z How much was that \Y.Orth? How much was the livingroom suite w< rth? % !II ~ You wouldn't take it into your house, would you? ~A a: I don't know about that. Mrs. Sala hasn't thrown it out of her ... !II c ... o( house so evidently it's very good. · .ij c Q ·=l Would you have it in your house? :t ~ 1'1 A I don't need it. If I needed it I would take it in, yes. .ai a: ~ Q a: 0 The rugs that I mentioned, the hallway rug and the livingroom ru ~ D. Ill a: A ... If I needed them, yes, I ·would take them . a: :J 0 u Q ... . • Butyou don't need them? o( u iL A ... No • 0 Q Do you know anybody that would buy that stuff? A _Do I know of anybody that would buy that stuff? Q Yes. A Well, I could tell you a lot of people that could use that stuff. Q The Salvation Army? A Why do they have to buy it if it's valueless? I can't see why a o( z ~ ~ Ul z Q ~ A II. i ~ z x ~ Q ti A ~ Ul Q ..1 o( u 0 :I ., ~ w ai a: E Q 2 Ill a: ... a: :I 8 A ~· u iL IL 0 Jeannette Bury price is set on valueless furniture. You're asking me to say something that's 'G..alueless and yet those things can be used. I personally don't need them but they can be used. They are useable. It's not that they can't be used. Isn't this stuff of your mother's in that category of furniture, if somebody burned out, you'd give it to a family that's been burned out to use temporarily? That's the .category this is in, isn't it? Not necessarily. There are a lot of things that can be refinished and used, yes. But you'd._have to refinish. them? Well, I mean what my children have broken I have had to replace So if they were refinished they would be beautiful furniture, yes . . The diningroom suite, anyone can use that in their house. They wouldn't have to be ashamed of it. How· muc:t: .. did that 1iv.dngroom cost when it was bought new 25 or 30 years ago ? That's economics, sir. I couldn't tell you. I don't have a sales slip: Nothing that you have even bought three or four years ago can be compared now. Q But I will say even at that time you never heard your father or mother discuss what they paid for it. A No. Q None of the other items here either? A No. 129 / Jeannette Burv Q That $15, 000 in .the bank thatyou said your father ha-d, when you got your $2, 000 gift, was that before or -after he had taken that $7,000 out? He had told me this before he took out the $7,000. ·Then he had $15, 000. Right. So if he took out $7, 000, the bank account would be reduced by that amount. _ That's right. Th~P: that's what I asked Mrs. Sala, if there was eight thousand dollars in the bank and _this is where she said that he had given money to her children, but she didn't state how '· much until---we didn't know exactly how much until we got in the Courtroom, the records. At the reading of the Will, we started discussing furniture. You immediately said, "I'll see you in Court, " didn't you? At the reading of the Will you didn't even have the bank book there so you couldn't tel~ us how much money was there. So you weren't telling' us-hown much of the money we were receiving yet you pinned me to the furniture and you told me you didn't have the bank book, the bank was closed and you didn't know how much was in the bank. You didn't even tell us how much money wits in the bank at the reading of the Will. You said you don't know • sp evidently it was none of our business. You stated the furniture. And I told you I had retained Mr. Hormell. But you had all of thi: 130 Jeannette Bury information but you did not have the bank book so you never told us what the balance of the bank book was. Q You had retained Mr. Hormell between the funeral and the date A < Q z ~ A > Ul z z Ill II. i ~ Q z :r ~ A t ~ Ul Q .J < u Q :::J . ., ~ N ai 0:: ~ ·a: 0 II. Ill 0:: ... 0:: :::J 8 Q .J' < u iL IL 0 A Q of probate and the date of the reading of the Will. Yes~ sir. That was what, within a week's time? To be the exact date,that I saw him was the 23rd of October. That was the day I had retained him. What was the problem involved at that time? Because whenever---on the 21st when we wrote out the Thank Yot notes and all of this had come out and I found out that I wasn't--tb~t when I got to it, the. money was not in the bank. And I wasn't · getting wh~t my father told me I would get. He told me how much • money was in the bank. Be told me how much I was to get after he died. When I found. out that Mrs. Sala had already given it to her children, I went and retained Mr. Hormell. That is before you even saw the bank balance or knew anything about it. Well, you know, sir~ we have to subpoena everything from you. We have to get everything .from you. You didn't show us anything. You showed us no records whatsoever. What records did you expect me to show you ppon just reading the Will? We just came down to read the Will. A Don't you think that I was entitled to know how much I was gettin~ ? . 131 Jeannette Bury Q Does anybody know before expenses are paid and deductions are made? A You had all of the bills, Mr. Barna. You had all the bills there. ~ z <C ~ Q >-CD z z Ill II. z e A C) z x CD <C 3:: ~ Q ii: ... en 0 ..I <C ij 0 -o .., :1: ~ \II ui 0: Ill ... 0: 0 D. ~ A ... 0: :I 0 0 ..I <C u Q ii: ~· You had all of it. You had everything that was there. You had all the bills. The only thing that you did not have~ sir, was the bank book. You had everything there but the bank book. You didn't know whether or not you were going to use the $1400.0) for the funeral~ did you? That's a moral obligation and you didn't show us what we were getting. Now as I gather it, your objection then is the withdrawal of the $4, 000 to make gifts to the grandchildren, but you have no objection to the withdrawal of $7, 000 some six or seven months previously wherein yo:u. shared in that distribution. Is that about the whole matter here? No~ that's not the whole matter. Mr. Hormell has the list of the matters. That's the main thing. A No. There are a lot---Mr. Hormell is representing me. Q You are testifying. You knew, you hired Mr. Hormell. You car only hi!re a lawyer to represent you in the items you select. A In all of the items that I objected, on the objections, I don't select any one over the other one. I object to all of them. None is no smaller to me than the other one. 132 Jeannette Bury 133 Q That's all. REDIRECT EXAMINATION BY MR. HORMELL: e Q Mrs. Bury~ you retained me on October 23rd, didn't you? A Yes. :!; z That was the same day that Bernice had been up to see your sister < > Q .J >-0) z z Ill II. Charlotte, is that right? i 0 A 1-c Yes. z i 0) Q < ~ And you came to my home instead of coming to my office. .,: A ~ Yes. 0: 1-!'! 0 Q .J And complained that your sister Bernice had some kind of a deal < § 0 :J coohing with your sister Charlotte, is that right? .., :r: t:: w MR. BARNA; $B.·: We object to the contents ui 0: fll• 1-of the---0:1 0 II. Ill 0: 1- MR • HORMELL: I don't object to it if she 0: :J 0 u doesn't. .J < 0 ... ii: II. MR. BARNA; SR.: It's hearsay as far as 0 we're concerned. THE COURT: The objection is sustaine . Q That's all. THE COURT: You are excused. MR. HORMELL: If it please the Court, subject to being able to examine the records of the --------11----------------";B~nice Sala ~ z ~ .... )o fll z z Ill Jl. i ~· " z i Ill ~ .,; 0 0: ... !!! Q .... c( i3 0 ::t bank with respect to the endorsement of Mr. and Mrs. Wojnar and the records of the bank with respect to the number of times Mrs. Sala had access to the safe y deposit box p.nd with the request that once the testimor y is transcribed I would have an opportunity to present a brief, that would be the extent of the objector's pres entation . THE COURT: Mr. Barna, is there any rebuttal? MR. BARNA:SR.: ' Yes, Your Honor. Berni< e Sala. i BERNICE SALA IS RECALLED. N ~ DIRECT EXAMINATION BY MR. BARNA, Ill ... SR:L:. a: ~ Q Ill a: I show you Exhibit "D", which purports to be a list of the persona ... a: ::t 0 0 ·'property in your home at the time of your father's death. Take it .... " from the top, the colored T. V., whose television was that? i3 iL ... 0 A This is my husband's and mine. Q You purchased it yours elf? A Yes. Q Your father did not participate in it? A No, he did not. Q The stereo, whose is that? 134 --------.-.-------~ Bernice Sala 135 My husband's and mine. You purchased that yourselves with your own money? Yes. How about the black and white T. V. ? This was between my husband and my father. They bought this together, the black and white one. How long a go? I would say 15 years. · So your father, if anything, had a half interest, is that right? Yes. The refrigerator, that was, I think you said before belonged to your mother. Yes. , It's about 25 years old? Yes, sir. Now the ranges, a gas, what is the condition of the gas range ? It's out of condition. lt1s not useable. It's in the cellar. It's out of condition . . You don't even have it in the kitchen? No, no. It's in the cellar. Now the electric range? This is iri the kitchen. And whose electric range is that? My dad's. -----~ -- 'R.P .... ni "<> ~;:ll::! 136 Q It was your father's? I I A Yes. I Q How old is that electric range? I A That would be about 25 years old. . e Q Now the washer? ~ A The washer, my dad purchased, is also in the cellaru:.~nus::®a:Thre z < > .J because I bought my own and I use that one . >-Ul z z Ill Q You are not using his ? II. i 0 1-A No, I am not. I I!) I z ! i Ul < Q The two complete bedroom suites, whose are they? I ~ I ..: u A My father's. I ii: 1-I Ul ... ! . . 0 e .J Q What shape are they in? I < 0 0 A They are all useable but they are peeled and scratched~ :I I ., I J: ... " "' Q Now rugs, what rugs in the house belong to your father? oi 0: Ill .. A There's a rug in the livingroom that belonged to my father and 0: 0 II. Ill 0: there's a rug in the hallway that belonged to my father . .. ·• 0: :I 0 u Q What shape are they in? .J < ! 0 ii: A They are thre·adbare and worn. II. 0 e Q Desk and chair? A That belonged to my father also. Q. How old are they? A 2 5 to 30 years old. Q And where are they kept? A In the hallway. .. Bernice Sala 137 Q What shapec a·re they in? A I would say the same; they are useable. But not in any excellent condition. Q The livingroom suite, you described that before, didn't you? A Yes, sir. cc Q The tables, are there any tables that go with the livingroom suite? z ~ A ..1 )o Yes • Ul z z Ill Q D. How many? i e A " Three. Two endtables and a coffee table. z :i: Ul Q ; How old are they? .,: u A i The same as the livingroom, 25 to 30 years old. .. Ul c Q ..1 c The diningroom ? , § Q A :;) ., The diningroom is also the same~ 25 to 30 years old. :E " Ill Q And belonged to your·father? ui a:: Ill A .. a:: Yes, sir . 0 a. Ill a:: Q .. The hall1re e ? a:: :;) 0 u A .... That belonged to my father also. cc ij ii: Q II. · Now dishes? 0 A There aren't any dishes that my mother or father had purchased there. The dishes are all mine that I have purchased. Q You have replaced most of them? A Yes. Q The pots and pans, whose are they? A Whose? Bernice Sala 138 Q Whose are they? A Mine. I have replaced those. Q Something about family pictures. What family pictures are we talking about? I'm sure there's family pictures in the attic that have accumulate< through the years. if this is what this means. I really don't know. One family picture I have already given to Charlotte Szerszen and she accepted . . Are they in frames or not in frames? The one that was in good condition in a frame is the one that she got. tlas anybody asked for any of the others? ~o. sir. And are you willing to give them any of those pictures? Yes, I am. Let's go first to this: diningroom mirror. Yes. That was what my mother had bought . . And·thafwas quite old then too, isn't it? Yes. Now the items that belong to your father, including a half inter!3st in the black and white T 0 V o, what would you consider to be the value of those items ? A Today you mean? Q Yes, at the time of his cleatho A Q A Q A Q o( z o( A > "" >-(I) z z QC•· bl ·'t_ II. i 0 -.... ~ z :r CD A ~ ..,: Q u ii: 1-Ul Bernice Sala 139 Gee, I would say $5.00. If somebody gave me $5.00 for it. You'd let them take all that? That black and white T. V. $5.00 for the black and white T. V. How old would you say that is? Fifteen, twenty years. No, I'd say 15 years. what Now the refrigerator, /was the value at the time of his death? It's in running condition, but I'd take $10.00 for it. Now you say the gas range is not working. How about theselectric range? The electric range is in working condition. It's the one I use. How old is it ? c. A 25 years old'. "" o( 0 Q Q :I I What do you think it's worth today, at the time of your father's ., :z: 1: t\1 death? ai II: Ill A 1-a: Fifteen, twenty dollars. 0 II. Ill Q II: How about the washer? 1-a: :I 0 'A q u The washer doesn't work. "" o( 0 Q ii: So it's valueless. IL 0 A It's valueless. Q Now the bedroom suites, what are they like? What were they wor h at the time of your father's death? A Gee, I don't know. $20. 00 apiece. Q Now the rugs, the ones that you said that belonged to your father? A I'd have to say $20.00 apiece. -~ -----.-.---------------~- Bernie e Sala 140 Q You don't know what he paid for them? A No, I don't. Q The desk and chair? A I would say $10.00. Q The livingroom suite and the three tables, what are they worth o( at the time ofyour father's death? z o( > A ..1 > Oh, $25.00, the tables and chairs. Ul z z Q IIJ. D. The diningroom suite? i 0 1-A ~ $25.00. z i Ul Q o( 3:: The hall tree ? .,: u A a: Gee, I'd say that was under $5. 00. 1-Ul 0 Q ..1 o( Well, put a specific one . u 0 A :I ., $3.00. :1: ~ til Q Any dishes that your mother left? ai a: Ill 1-A a: There isn't. They have been broken, replaced. 0 D. Ill a: Q 1-And the pots and pans, are there any? a: :I 0 u A No . ..1 o( u iL Q ... The family pictures, are they valuable in dollars? 0 A The family pictures would just be sentimental value. You wouldn11L sell them. It wouldn't be value to anyone other than if you wanted them for sentimental reasons. Q Are you willing to give the pictures to anybody? A Yes. Q The diningroom mirror? 141 A It would have to be sold. Q How much do you think it's worth? A $7.00. Q Are you willing to give any of these items to any of your sisters e or your brother? o( z A I most certa_inly am. o( > Q .I > Without any charge? Ill z z Ill A II. Yes, sir. i e Q " Z• If they will take them out of your house? x Ill o( A ~ Yes. ~ 0 Q iii Just for the removal. .. Ill i:l A e .I o( 0 i:l Q :::t ., Yes, sir. Did you file a Petition to claim the $1, 000 family exemption? ~ 01 A ai Y~s, I did. a: Ill .. Q a: 0 Were you a member of your father's household at the time of his II. Ill a: .. death? a: :::t 0 0 A .I Yes, I was . o( 0 ii: Q ... 0 And you had been living together for 20 years I think you said . A Yes. Q -Now this discussion about your sisters and soforth after your father died, was there any concrete agreement reached between you girls? A I called them up as a sister, to what I thought we were, and aske them if they would like to come over and look over the Mass card , ----------~~-------------------~HP~·r~nli~ir~·p~~~al~ll~~------------------------------~-~1~42- write out the Thank You cards1 and look over all the people that had attended the funeral and things and tJUSt spend a day together between three sisters1 which I thought we were at this time. So they came over and we wrote out these cards and tended to ou business. And really, Jeannette brought up the fact that she ~ wanted to know where this money was. Shelknows how much monev z >( > ... )o her father had in his bank account and just where is it. And she Ill z z Ill a. said there should be $8, 000 left, is it still there. And I says1 i 0 ... Cl z "Well1 no, because he had given my children some money." x· Ill >( ::: Well then she got mad about that. Things were said and every- .,: u ~ thing. We had discussed this insurance policy that was to be ... Ill Q ... <( paid, the funeral bill was to be paid with. She agreed that this § Q :I ., .is where it should have g~ne. She left the forms there and told :1: /::: N IIi me that whenever I get the policy out of the deposit box, she 0: Ill ... 0: 0 signed it, I should fill; it in, attach this with the policy, send a. Ill 0: ... 0: it into the company, get the money, and then we would pay the :I 0 u ... funeral expense with this. In the mean time, she went home. < u ii: ... That night her husband called and said--- 0 Q That is Mr. Bury? A Yes, sir.· And said there was an envelope, United States Steel envelope left there, that Jeannette forgot to bring home. So I'll be up in the morning to get it. And my husband answered and he said, "All right." He said, "Fine. You stop and get it; you can have it." So the next morning he came, I gave him this r-------------...----------- 1 I Bernice Sala envelope, he had it in his hands, and he stood there and he said, "Well, I suppose you know we're taking you to Court for this." And to this day, I don't know for what. Q Cross examine. ~ z ~ ~ CROSS EXAMINATION BY MR. HORMELL: 01 z ~ Q Jeannette is the one who brought up the question after the death -~ ~ of your father about how much money was in the bank, right? z i: ~-A Yes, sir. ~ Q ii: ... !!! Q ,J A c( i3 g Q ., X ~ A And Jeannette told you that there should be about $8, 000. Yes, sir. And Jeannette asked you how much there was, didn't she? No, she did not. You didn't tell Jeannette it was none of her business? No, I did not. Did you tell Jeannette how much there was? No, I did not. Why didn't you? Because she didn't ask me. Would you have told her had she asked you? Yes, I would have. MR. HORMELL: With respect to the family exemption, Your Honor, I call the Court's 14 3 ~--~------.----- e nice Sala 144 attention at this time to paragraph seven and I call the Court's attention to the provisions of the Rules of Supreme Court Section 12, Rule One, and with that thought, I will ask no further questions of this witness. MR. BARNA,:SR.: What is the provision <1: under Section 12010? I'm not sure I know what you'r z < > ..I > talking abou't. Ill z z Ill Q, MR. HORMELL: I'm just calling it to the i 0 1-" Court's attention. z i: Ill < 3:: THE CO,IDJRT: The Court knows the pro- .,: u ii! vision of the relevant section. We will take that into 1-.!!! Q e ..I <~ u consideration. Ci :I ., MR. BARNA, SR.: That is the exemption ? :1: ~ Ill THE COURT: Are there any other quest· ons en II: Ill 1-II: of this witness? 0 Q, Ill II: 1-MR. HORMELL: No, Your Honor. II: :I 0 u THE COURT: You are excused. ..I o( u ii: Ia. MR. BARNA, SR.: John Wojnar. 0 .. ----------------------------------------------,.------ John Woinar 145 JOHN WOJNAR IS CALLED AND SWORN. DIRECT EXAlVllNATION BY MR. BARNA: Q John, you are the John Wojnar that it was testified to was supposEd to get $1,000 ih January of '69 of the $7,000 that was taken out of the bank? ~ A I was supposed to, yes. z <C > Q .I >-You didn't get it, did you, at that time? CJl z z A Ill n. No. In fact, at that time I didn't know--'-I knew nothing about it. i 0 Q 1-" . You hadn't been over to see your father for a few ~eeks, is that z '. x CJl <C ~ right? .: A 0 ii: Everybodyk nows . His relationship between him and me was 1-Ul o· . .I like on the cool side. I went but not, like is said, not as often <C 0 ' Q ;:) as I should have been coming becaus·e I don't want to be a hypocri e .. ., X ~ N We didn't get along. I didn't go over. ui a: . Ill Q 1-a: But did you finally get your thousand dollars? 0 n. Ill A a: Yes. 1-a: :I 0 Q 0 When did youget it?. .I <C 0 A ii: After his death. IL 0 Q Who gave it to you ? A My sister Bernice. Q Did you find out where this thousand dollars came from? A Yes, I did. She told me. Q When did you talk to your other sisters about the gifts that they g t? A I never seen them after the funeral. Everybody seemed to pick John Woinar 146 up sides and everybody was running for attorneys. Everybody was going in all kinds of directions. Nobody would sit down, actually, all four didn't sit down to talk what was going to happen )Like I thought would. In fact; well, I would be the last one to kno IT because as you know~ I wasn't even in the Will. I had nothing to lose. But still1 it's beside the point. Q But you are satisfied that whatever---are you satisfied with the way your father handled his money before his death? A I respected him for the fact because he told me way back~· there's things I did he didn't like1 like getting married and things of that ! sort. He was strict against it so he told me the day comes when he passes on, I'll be omitted out of everything. That's one of those things. I respect him because he never did back up on his word; what he said,he did. And that was it. Q But he didn't change the beneficiary in his lodge policy? A No. Q You got the $2., 000 from the lodge? A Yes, I got that. Q What kind of a mind did your father have? Was he strong-willed? Would he make up his mind and stick to it? A I never remember him changing anything. What he said was it and that was it. In fact1 there was a lot of things between him anci my mother because my mother was soft-hearted1 she'd change the Will. But he said no, and that was it. He didn't care who -----------------~~---------------------------------------~~-------------------------------------------------------~-------, ... Tnhn '\X!ni,nu,l,g,::ll.~.;..... ,. _______________ ~_ ..... la..;4;&..7,_ said yes. He commanded the roost1 like they say. You know1 of course1 his Dodge automobile? Everybody in Donora knows. It's the only one there. At the time of his death, what value did you put on that automobilE? I'll tell you~ I don1t know. I'm no car dealer1 but from a lot of the fellows that have cars to ride to and from work and that have broke down and won't run1 they get $15.00. If they can drive therr. to the junk yard, they get $15.00. And that's the shape that car is in. Is that car in similar condition to theones your friends had? Yes. It was polished but that's all. The interior~ I don't mean (·, the upholstery~ when I say the inte\:ior I'm not talking about working parts; they've seen their better days. What about your mother's and father's furniture, the old furnitur( left, livingroom suite and carpets and the bedroom suites? That furniture was old when I left hbme. I went into the service in 1942. She bought the furniture before 1940. And I don't care. if the couch was $1 1 000, anybody would know by today the couch is not a thousand dollars. Was it high-priced furniture or was it cheap? It wasn't abused. It's not abused; it's wore out. Was it high-priced furniture? In its days it was fairly good. Like K~Grlilb:Jlrer furniture, it's considered a good grade furniture. It was good grade stuff, yes, ~-------------..-----------------------------------~--------------------------------------,--------- e o( z o( > ..1 >-Ul z z Ill II. i 0 .. 1!1 z x Ul o( 3: .,: u a: t. Ci e ..1 o( § Q :J ., -~ "' ui a: Ill .. a: 0 a. Ill a: .. a: :J ·8 ..1 o( u .. iL ... 0 e ~ ------~ John Woj~n~a~r ____________ __ it was. But not where it would retain its value, My God, from 1940 up to 1971. Q It wasn't a name brand though, was it? A Kro:Bmlterfurniture. Because that was my mother's speed. She Q liked KroBUu:l:terstuff. And if I might add, I was at your office when the Will was read, you definitely stated clearly anything that the sister Bernice inherited, all structures on the so said property and different things, but all the interior things, persona belongings, are free to anybody in the family. And everybody was l laughing, everybody rna de a passing remark at that time. I won't say who, but everybody said, "What would-we do with that kind of stuff? 11 Who was present at the reading of the Will? A Th§: three sisters and myself. There was four of us plus yourself Q And your sister did say whoever wants any of that furniture can have it? A They sort of giggled and said, "Who would want it? 11 148 Q Do you know anything about who owned a colored T. V. in that ho se? A I watch it. When I visited my sister I watch it when I'm there. I don't have one of my own and I'm fascinated with it. It's a beaut~ul set and it's theirs . Q That is Bernice and her husband? A She made the remark at your office, "You can take anything out o that house but the T. V. ·and the stereo, they are mine. " But it ------------~r------------------------~-T£llu1_~~~in~,~~-~~--------------------------------~--1~4~9~ seems at that time everybody was huffy puffy. Everybody got up and took off because everybody was disgusted. Everybody thought there was a million dollars coming. That's my opinion. Q Do you know about the dispute over the mill insurance? A I don't know about the dispute over the m-ill insurance, but I ct: wor-k< for United StatES Steel and I know there's a burial policy z ~ ~ for every pensioner. I know that. The sum fluctuates year to yea . Ul z z le At that time it was $1400.00. It doesn't say on a concrete wall i e ~ it's for the funeral itself, understand. Mr .. Bury is a big deal x til ~ in United States Steel. He knows what the policies are for. ti o:-Q In the summer of 1969, what was your father's mental and physical l-UI Q ..1 c( ij gA ., ~ 01 ui a: Ill 1-a: f Ill a: 1-a: :I 0 u ..1 c( ij ii: ... 0 condition? I was there Saturday when everything happened. I was there on a Wednesday, my wife and myself. We sat-there and we talked with him. Because three weeks prior to that my father-in-law died, my wife's father. He sat there and he gave her his condolen es. Of course, he wasn't too chummy with her. He didn't care for her . -1 He talked to her when she was present. In our circles,. in the mill worli:er's circles, you go over somebody's house and they say, "Are you working, are you still working, where do you worH?" All the common mill questions which probably in your profession you wou_ld ask your colleagues. Well, my father asked me those Am I still working, what am I doing. He always tried to keep in touch with the mill. Of course, you know the Donora mill is not t:lere. John Wojnar 150 I work in Irwin Works in Dravosburg. He said, "I'm sorry to hear about your father dying," to Helen, that's my wife. And he gave for the Mass for her, for him. And he walked us out on the porch. It was a day like today. He said he's going to water his rhododendrons becauset that was his prize flower. And he walked us around and we walked back and forth through the yard talking to one another. Did he show off his yard to you? Yes. And this might seem funny, but he always used to mention Ann Landers 1 articles. He always read those in the paper and he used to get a chuckle out of it and made remarks about different things in Ann Landers. That is advice in Ann Landers' column? Yes. He wasn't bedridden. He walked out in the yard. Nobody carried him. He talked, when he talked he had to hold his ginger here because he had that pipe. He couldn't talk unl~ss he covered the wind with some sort of thing to hold the wind to talk. It was getting to the point it was a whn.isper, not a talk. You had to get close because he'd w'J:uis per. His voice box eventually rotted out. But p._-e knew what he was doing? He knew very well what he was doing. What was the last day you say you saw him? On a Wednesday prior to the Saturday he fell. Was he still in good physical and mental condition? John Woinar 151 A Like I said1 he walked us out to the yard and walked us to the car, said he'd see us and that was it. Q And you told us about his condition, just before he went to the hospital in August of '69? A He was the type of person that got worked up. He got a hemorrha1 e, ct naturally he got worked up. I guess anybody would. But when he z ct > .J )o was there, he was in the Monongahela Hospital, I don't know, Ill z z bl II. one or two days. But eventually he calmed down and he was norm l. i 0 1-Cl z And they transferred him to Montefiore to check it, which they ~ • 7 i Ill ct ~ did. But he wasn't delirious. Everybody visited him. He spoke ti it to them, he carried on a conversation with everybody and everyOI e 1-Ill 0 .J and that I can vouch for • ct 0 0 Q :J "' But before he had the hemorrhage in August, how was he? ~ A N He was under the impression he was rolling along pretty nice. ui II: bl 1-II: He had cobalt treatments for the second time and he thought 0 II. 111 II: 1-maybe the first time he had them, wen; 1 say, actual medical II: :J 0 0 .J records I don't know, because I wasn't that close to him. But ct 0 ii: IL it seems to me a period of five years elapsed between the f1rst 0 cobalt treatment and the second. He had the same. So he figured the second time he might be good, skate along for five more yea s. He had that going for lim; that's what he thought. Q He talked about the period of five years? A Yes. He said the doctor told him himself. He said, "The Lord gave you five years grace. You bought five years with cobalt John Wojnar 152 .treatments." He made a statement to that effect. So then he was under the impression he was good for five more. lEHE COURT: Mr. Barna, pardon my interruption here. Do you have further witnesses to call? MR. JErAlBNA, SR.: Just maybe one or so. THE COURT: We are going to have to adjourn. I had two other hearings scheduled for this afternoon and I was able to dispos~ of one of them bef re ' we came into Court. But I don't want to· keep the othe1 waiting any longer. I hadn't calculated this hearing lasting as long as it has. We are going to have to adjourn until Tuesday afternoon at 1:30. MR. HORMELL: May it please the Court, I have another hearing scheduled Tuesday at 2:30. Can we agree on another date? MR. BARNA, SR.: Your Honor, we also havE an equity proceeding scheduled for ';('u.esday. THE COURT: I will try to accommodate ' ' counsel if we can. We can.'t have it on Mmi.day. Tuesday is occupied. We will go to the next available date that I have is Friday afternoon at 1:30. MR. BARNA,. SR.: That would be March-- THE COURT: Friday afternoon, March 153 19. MR. BARNA, SR.: I am through with this witness. Is there any cross examination of this witness, Your Honor, or do you want him brought back? ::!: MR. HORMELL: I don't want to in<tonvenie ce z ~ ..1 > Ill z z Ill 11. i e ~ z x Ill ~ .,: u i t-Ill Q ..1 o( § c :I ., ~ C\1 cri 0: ~ 0: 0 11. Ill a: .. a: :I 0 u him any. It depends upon what the Court says here . The Court is tied up with another hearing. I would say I have ten or fifteen minutes of questions~to 'ask him. THE COURT: We will have him come back on Friday . (Hearing adjourned at 3:30 P.M.) * * * * * * * * * * * * * * ~ (On Friday, March 19, 1971, at 1:30 o'clock P.M.,· .the hearing continues) ii: ... 0 JOHN WOJNAR RESUMES THE STAND. CONTINUED DIRECT EXAMINATION BY MR. BARNA, SR.: Q Mr. Wojnar, did you visit with your father during the summer an( fall of 1969? A Yes, I did. Q Did you see him before and after he entered the Monongahela --------------~,------ John Woina -r ] 54 Hospital for his hemorrhage in August? A Yes. Q Did you have occasion to talk to him and discuss matters with him? A Yes. I sat on the porch on a swing and talked different things.· Q What was his condition and mental ability during the sujnmer of 1969? A ·Well, .for one thing he was very alert. Other things. he was a j:Q)kester, like he always was inquisitive, ask you different things. Q What about his personality? What kind of a man was he? A Domineering and stubborn. His word was law. Q And did you observe the relationship in the household, who was bess of that house? A He was. Definitely he was. Q If he made up his mind to do something, could anybody change his mind? A They talked to him, but nobody changed it. They talked to him but that's about all. Q I don't know if I asked you the other day or not about the automobi e., which he allegedly gave to his grandson. Did I ask you about that the other day or not? A Yes, you asked me if I knew the car. I said I did. Q Did you ever talk to him after the car was supposed to have geen given to the boy? I • John Woinar A Yes. He told me he gave it to Chuckie because he doesn't want to drive it anymore and he thought he'd give it to him. He said he told everybody that. He told me that himself. That was no secret. Q That was when) during thct ssa£me summer? A Yes, off and on different times. Because I went up there a few :! times. z ~ Q ~ What attitude did he take towards th~s car? z z ~ A Like what? i ~ Q Well----z x VI ; A You me an did he pride in it ? ~ Q Pardon me? .. !!! a A Did he pride in it? Q Yes. A Well, sure. You had to be somebody special to drive it. And I don't think there was anybody special. He drove it all the time. It was his car. And it seemed that there was---well, that was his hobby. And his whole life was wrapped around that car. Q Was Chuckie allowed to drive this car before while he was drivin it? A Not that I know of. ffi:e:ffore Q /It was given to him? A I've never seen him dbi:ving it or never heard of him driving it. Q That's all I have. You may cross e~amine. 155 .Tohn Woinar 156 CROSS EXAMINATION BY MR. HORMELL: Q John, I'd like to show you Plaintiff's Exhibit 1. Mr. Barna introd ced the Death Certificate for your father. You signed that, didn't you? A Yes, I did. e Q You gave them the information for that, didn't you? ~ A Like what information? z <( > Q ... > All the information that's on that certificate. Ol z z A Ill II. I signed the Death Certificate because I had admitted him into the i 0 1-" Montefiore Hospital the last time he was there. I took him in, z ·~ <( ~-Joe and I, b~t I signed for him there. ..: u Q it . . Item Number 19 says Informant's name and address, John A. 1-Ul 0 e ... <( § Wojnar, 607 McCrea Avenue, Donora. That is you, isn't it? Q A :I That's me. ., X ~ Q N And the information from Item 1 to Item 19 is information which ui a: Ill 1-a: you furnished to the hospital, isn't it? 0 II. Ill a: A 1-That 1 s right. a: :I 0 Q u ..1 And to the Coroner, is that right? <( 0 iL A "' No, not to the Coroner. 0 Q Well now---just a moment please. You will notice it says Coroner's e Certificate of Death. And this is the paper we are reading from. A That 's right. Q And this is a Corner's Certificate of Death, is that right? A That's right. Q Now you signed it as giving the-information. -------1 .Tohn _W_oj·~na::::...r!....--------------..;~5...~..7 __ 1 A That's right. Q And now you are saying you didn't give it to the Coroner? A I didn't deny it. I'm saying that when he was admitted to the Montefiore Hospital the lady called me in the room, the receptior ist, and she was typing that up, a paper similar to that. I can't swear if it's the identical paper, but I gave her the information at that time because I was the one actually the last time admitting him. Did you talk to the District Attorney that day? No, I didn't. Did the District Attorney call you? Did he want to talk to you? No, he didn't. Isn't it true, John, that when you were in the hos pita! and you an your sisters and Joe Sala were together that you kept telling · him to keep quiet, not to say that he had fallen from the roofr? No, I didn't. I didn't say anything like that. Didn't you say you wouldn't be able to collect the insurance? No, I didn't. Did Joe Sala say that to watch what you're saying because there are detectives all over the place? No, sir. Nobody said anything like that. Who notified you of your father's death? The neighbor called. The death, did you say the death? Yes. Well, the hospital called and they said---the hospital called at -------1 I ----------~r-------------------------~Tr.nrn)lh~'nL~ill~in~la~Lr~--------------------------~·~1~5~8~ home because they called my wife because I was the one that adm ·,~ted him the last time. She in turn called Irwin Works where I was working. And he in turn called another boss because I wasn't at my department. And the other boss came and called me and told me I was wanted in the office. I went in and they said that they :! called~ the hospital called that your father has a turn for the wor~: e. z <( > ... >-And your sister is going to come and your brother-in-law and 01 z z ld II. your other sister in the car and they're going to pick you up and i 0 1- C) z take you to the hospital~ to be up by the mill gate waiting, which x Ul <( :: was Mr. and Mrs. Sala and Mrs. Szerszen. So I got in the ..: u iii 1- car with them1 in Mr. Sala's car~ and we drove in to the hospital. !!! . e Q ... c § He was already dead . Q Q ::J ., Who called you to your father's house? :1: 1:. N A. Montefiore Hospital called my home. ui It ld 1-Q It 0 You went down to your father's house? II. bl It A 1-It For what, you mea!).? ::J 0 u Q .J On October 11, who called you to your father's house on October c u iL II. 11? 0 A The day of the accident? Q Yes. A The neighbor. Q What is her name? A What neighbor, I don't know because it was a man called. He said, "John, 11 he says, "Your father's laying out in the yard. 11 John Woinar 159 He says, ''Come on up." He says, "There's nobody home." So I went over. That's the time Mrs. Sala took--went to the school for her daughter. When I came the ambulance was already there and there was a lady across the street, a nurse administering first aid. And then we got into the ambulance, my father, and ~ we put my father in, he and I, and the ambulance driver went z < > ..I > to the Monongahela Hospital1 where in turn Joe Sala caught up wi h 01 z z Ill II. us. And the doctor there said, "Take him on to Pittsburgh to the i. 0 ... " Montefiore." z x Ill Q < ~ Now John1 you called your sister Charlotte? t-= A u 0: I didn't call her. ... (I) Q Q ..I On the Sunday before you read the Will, that's on October 26, did1't < § c :J you? ., :t 1:. A N I called her but I donH know if it was a Sunday. ui 0:: Ill Q ... 0:: But before the Will was read • 0 II. Ill A 0:: ... Yes, sir. 0:: :J 0 Q u ..I You told your sister Charlotte that you knew that your father had ~ u ii: II. from fifteen to twenty thousand dollars in cash. didn't you? 0 "A I told her that day and I told her back in 1961. I told her that e both times because my father had told me. Q Right. A But I didn't say the exact amount because I didn't know the exact amount. Q You told her on October 26 that your father had between fiifd:een John Woinar 160 and twenty thousand dollars in cash~ is that 11'ight? A That I didn't tell, no, that I deny very much so because I didn't say. Q What did you say? A I said on the phone~ "Where is everybody at? I can't seem to fin< anybody. How come nobody is coming around?" And I said, "WE were supposed to get together after father died arid there's nobod around. 11 And that's when I called. Q Didn't you ask Charlotte w~at she was going to do? A In regard to what? Q ·About the Will. A No. Because I knew definitely I wasn't in the Will, so I didn't car~ what they did with it. Q Charlotte didn't tell you she hadn't made up her mind? A No. In fact~ all she told me is 'that she's not talking to anybody. That's all she told me. She didn't say anything else. Q Did you or did you not tell her that Jeannette and Bernice each had a lawyer so you and Charlotte ought to get one too? A Definitely not. What would I need a lawyer for? I'm not involved Q Did you or did you not say to Charlotte that Joe and Bernice were both free-loading long en.ough and it's time you got part of it? A I certainly did not; certainly did not. Q When did your sister give you the thousand dollars? .. . A The exact day, I couldn't tell you. John Woinar 161 Q Can you approximate it? A I imagine it would be about five weeks after the funeral. Q After your father had died ? A That's right. Q I'm showing you Defendant's Exhibit "A" and a check that was :! made out to you and to your wife, Number 0617930 for $1, 000.00 z ~ ..1 > You never received that check, did you? Ul z z Ill II. A No, I didn't. i 0 ... " z Q You never endorsed that check? x Ul c ~ A No, I didn't. ti ~ Q So if there is an endorsement on that check it isn't yours~., is Ul Q e ..1 c 0 that right? a :I ., A No, it wouldn't be. ~ "' Q That 1 s right. Now you told Mr. Barna that you had visited your ui II: Ill ... II: 0 father during the month of August and he was in pretty good condi ion· • II. Ill II: ... A That's right. II: :J 0 0 ..1 Q Before he went into the Monongahela Hospital? c 0 ii: IL A That's right. 0 Q And did you know that when he went into the Monongahela Hos pita, e less than two days after he was there he was administered the Last Rites? A That's a precautionary measure. Q Did you know that that was done? A Yes. < z John Woinar Q And you are telling me that his condition was such that there was nothing abnormal,but two days later he was administered the Last Rites? Is that what you are saying? A That's right. That's what I'm saying, that's right. My wife went to the hospital---that's certain hospital's procedures---my wife went in three different times, three different ones. She broke her 162 ~ ~ arm right up here, she had the Last Rites. That was the hos pita 's (I) z z bl II. i e " z % (I) ~ Q procedure. So I don't know. I never gave it a thought. In fact, he's had them a few times. illhat ':Ssadtl!it ti ~ (Witness excused). (I) Q ..1 MR. BARNA, SR.: MaryFrancis. < u Q ; MR. HORMELL: I would like an offer'. ~ 01 MR. BARNA; SR.: We will prove that Mary Francis is a neighbor ai a: bl 1-a: ~ bl a: 1-a: :l 0 u ~ u ~ 0.' of the decedent, that she had talked to him almost daily, seen hin working in the garden during the summer of '67; that he took grec t pride in his car; that he told her about making a gift of the car to his grandson. She will descrioe how he worked, how he was taker to the hospital in the wheelchair on the day he had the hemorrhag8; and that he even worked that day in the garden. She will describ his personality. MR. HORMELL: If the Court please, I am vi lling to concede that the witness would testify to those things and we will ask no questions. Marv Francis MR. BARNA, SR.: I think we are entitled to have the record, since they have said here that he was incompetent, I thought we ought to have something on the record. MR. HORMELL: There's nothing in the record, if it please the Court, which claims tm t the decedent is incompetent. The only .~ thing we are trying to establish here is a pattern-. not on the part z o( > ..1 )o of the decedent, but on the part of the Executrix . Cll z z Ill II. THE COURT: The counsel is entitled to introduce their testimpny. i e ., z The objection is overruled . i Cll ; ~ ii: ~ Cll Q e ..1 o( u Q . :I ., X 1::. MARY FRANCIS IS CALLED AND SWORN~ Ill 'ui a: Ill DIRECT EXAMINATION BY MR. BARNA, SR.: ~ a: 0 II. Ill Q What is your name? a: ~ a: :I 0 A Mary Francis. 0 ..1 o( u Q Where do you live? iL ... 0 A · 522 WaddellAvenue, Donora. e Q Where did you live in reference to the residence of John Wojnar? A I live.,--I'm right around the corner, but there's just a 40-foot lot that separates his home from mine. Q How long have you lived there? A Seventeen years. Mary Francis 164 Q And how often would you see Mr. Wojnar before his death? A Almost everyday when he'd come out into the yard. Q I call your attention to the summer of 1967. How often would you see him? e A I would say nearly everyday. o( Q Did you observe what he was doing during that summer? z ~ A .J >-Yes. He was always out in his yard, always with his flowers or Ul z z Ill II. just taking a walk in the yard. And I saw him throughout the day~ i 0 Q ... Cl Did you have occasion to talk to him during that summer? z i Ul A o( 3: Oh, yes. I used to go down the house or see him across the yard ..: I) it and either ask him how he was doing or just have some conversat on ... Ul 0 e .J o( u with him. I always have. 0 Q :I What was the nature of the conversation? Was it responsive? "'' :1: t. 01 Did he talk intelligently? ui a: ld A ... a: · Oh, yes. There was nothing mentally wrong in his case. He wa:: 0 II. Ill a: ... as sound as any person. It was always a conversation about flowers, a: :I 0 I) the weather~ his health, my husband's health. .J o( u Q ii: .... Your husband's health, how does that come into the picture? 0 A My husband developed leuMemia in March of that year and he was e hospitalized and then he came home after two weeks. And Mr. Wojnar was a close friend, not only a neighbor, but a close frien . ' And he was cone erned about Roger. He liked Roger and it was ah ays 1 either something of his health or Roger's or the weather. Q Did he discuss the disease of leukemia with you? :$ z ~ ..1 > CD z z Ill II. i e Cl z :t Ul c( ~ ..: ~ a: 1-!!! Q ..1 c( A Q A Q A u 0 =l Q ~ w A ui a: Ill ~ Q 0 II. Ill a: 1-a: :I 0 u A ..1 c( u ii: II. 0 Yes. He knew the effects of it and so on? Yes. We talked about his condition. What kind of an individual was he ? Very head-strong. Like you have heard, stubborn, very nice. He was a nice man. He was an honest man, jovial; he liked to joke, . especially with me. Like I say, we were very nice friends . But all I can say in this case is Bernice lived with her father; her father did not live with her. And by that I mean what he said went •. He got a lot of respect, not only from her, her children, at d his other children and their own children. He was a man that had ·their respect. But he was a· man of his word.· If he made up his mind to do anyt bing, could anybody change it? I doubt it. I doubt it very much. And the day of the hemorrhage,· were you aro,uild when he was taken to the hospital? I was home getting dressed for a banquet and when I got around tl e corner, because my children were there, he was coming out of ~the house in a wheelchair. Mr. Macik had him up in a wheelchair and he didn't say anything to me. He just nodded, but I mentioned something to him about, "You'll be all right, judge." I called hin judge. And other than that, he didn't say anything to me. He just nodded to acknowledge I was there. Q And how did he travel in the ambulance, in the cot or in the seat: 165 ----------~~------------------------~M~a.r~~raL~nc!i~·.s~------------------------~_.1~6~6- A He was in a wheelchair and someone, I guess it was Mr. Macik and someone else had helped him up out of the wheelchair and he did sit in the front seat of the ambulanee. He wasn't in' the back, no, he traveled in the front. Q Did you see him that morning before he had the hemorrhage? :5 A Yes. The way our place is situated, my kitchen and back porch z •ct > .J )o faces their yard, and he was always in and out. It was just a Ill z z Ill D. matter of always seeing him. There hasn't been a long stretch i 0 ... Cl z of pe :riod that I hadn!t seen· him. It was just a natural thing for m~ x Ill < 3:: -~~ be out on the porch or in the yard hanging clothes that I always ~ 0 it saw him. He was up around and about all the time. ... Ill Q Q, .J < He was around and about up until the very morning of the hemorrl age? § D A :J ., Yes. X' 1:. Q lll Do you know where he got his hemorrhage, indoors or outdoors ? ui 0: Ill A ... 0: Indoors, I think . 0 D. Ill 0: Q ... 0: Did you know his car? . ' :J 0 0 A .J Oh, yes. :! 0 iL Q ... 0 What attitude die he ha~e towards his car? A For something so old, you'd wonder why someone took such pridE in it because it was an old car~ But it was well kept and I don't th h.k it was a car that anyone could say was parked on the street a lot. When he used it, he took it out of the garage and took it back in. That was just his habit. And it was always like in and out of the garage; only when he was to use it. Mary Francis 167 Q During that summer did he discuss the car with you? A Yes, he did say he had given it to Chuckie and he says that he doesn't go out anymore and didn't have much chance to use it, so he thought Chuckie would enjoy it. And he was glad he had givEn e it. It was something he felt he did was a nice thing. And only a ~ child maybe of that age would enjoy a car of that age. It wasn't z o( > .J >-like he gave an awful lot; it was just an old car, well kept . 01 z z "' 11. Q Did Chuck drive the car after that time? i 0 ... !!) z x Ul o( ~ Q Did he drive it before that time? ...: 0 it A I've never seen him drive that car. ... (I) 0 .J o( Q I thought I ma?e a-slip of the tongue. I said the summer of '67 . § 0 :::l I meant the summer of '69. .., :1: ~ til A That's what I th~ught you meant, the summer of '69. ui 0: "' ... 0: Q What you said, all the answers to my questions, you meant the 0 11. Ill 0: summer of 169? ... 0: :::l 0 0 A Yes, the summer of 169.- .J o( u ii: II. Q Cross examine. 0 MR. HORMELL: I have no questions. MR. BARNA,. SR.: You may step'down please. (Witness excused). RORP Ma rv RPROvi~h ]68 ROSE MARY RESOVICH IS CALLED AND SWORN. DIRECT EXAMINATION BY MR. BARNA# SR.: Q What is your name? A Rose Mary Resovich. Q Where do you live? :! A Ridgeview Terrace, Monongahela. z o( > Q ..1 > Is that on the outskirts of Donora? Cll z z A Ill fl. Yes •. · i e Q " z ' ·,where did you live before you moved out to Ridgeview Terrace? s: Cll A ~ ~ 522 Waddell. I lived in the house that Mary Francis lived in, but ~ u i I lived upstairs • Then I sold it to them • ... Cll ii Q ..1 o( Are you related to John Wojnar? § Q A :I .., John Wojnar? No. :t ~ "' Q vi Or is Mary Francis related to him? II: Ill ... A 0: No. 0 fl. Ill II: Q ... But you and Mary_ Francis are realted? 0: :I 0 u ..1 A Yes. Roger was my brother. o( u· ii: Q II. So you are a sister-in-law to Mrs. Francis. 0 A Yes. Q Did you visit at your sister's place or at the Wojnar place during the year of 1969? A Many times; many times. Q How often would you visit in that neighborhood? A Everyday. 1 Rose Marv Resovich 169 Did you know John Wojnar? Anthony Wojnar you mean~ Mr. Wojnar? Anthony, yes. Yes. I knew him well. So well1 we didn't call him Anthony or Mr. Wojnar. We called him Ja Ja because this was a reference tc grandfather. JlA J A. That's the Polish for grandfather? Right. And what else, was that slurred over into judge also? Yes~ juege~ right; and he liked it. He liked the appellation? Right. During that summer of '69, did you have conversations with Anthpny Wojnar? Many times. What did you t.alk to him about? We had a standing joke. When I moved to Ridgeview Terrace from Waddell~ his joke and mine was I went big deal; that I couldn't live in Donora any longer, that I had gone big deal and m~JVed to Ridgeview Terrace. And he liked to torment me that his yard was nicer than my yard; his yard was more like Florida than my yard; his tomatoes were larger than my tomatoes. his rhododend ons were prettier than my rhododendrons. And this was a standing joke, that even when he lost his tuoice and couldn't talk to me any nore, he would motion to his tomatoes that they were tall and that his bushes were large and his flowers were big. I knew what he mear • Q Towards the last when he lost his voice, what did you have to do to hear him talk? A Well~ this is what I'm saying about the gestures. I knew what he was saying because he would--he whispered. You could hardly make out clearly when we 1d talk across the yard. When I was cloE e he didn't like us to get too cl~se to him because of the pipe1 therE was an odor. And he was embarrassed~ very embarrassed about the odor that came from his pipe1 so he would naturally stand back a little to talk to us and everything, but everything he said was very clear and very definite. Q What can you tell us about his mental capacity during the summer of 1969? A He was very alert. He had a terrific sense of humor. He had a lo of Old World philosophy. He was just a terrific person. And he had an awful lot to say all the time about everything. Q Did you see him do any physical work that summer? A Yes. He worked around his flowers. He liked to pick the buds off to make sure that the flower would grow. He did many things and 1.. putt:«.eilaround in his garden, tomatoes, and I had occasion to be there many times because of ·Roger's illness. I was close to RogEr and I spent an awful lot of time there. Q I think Mary Francis said that she talked to him about Roger. RoR e Ma rv R~s ovich 171 Did you talk to him about Roger too? A Certainly. He was very close with us. We were close to the fami y from the day that I moved up there on Waddell and he was close. And he was very interested in Roger's illness· and he also knew that it would most likely be terminal. And he was very very sorr. for Mary and very cone erned. Did he discuss this intelligently? Yes, he certainly did. He felt he was too young to have such an illness. Who else did you hear him talking with while you were there? When I was visiting him ? Yes. The family, the neighbors. There was one across the street, she used to come over, Laura. Many times I was there when Laulra was there and he talked with her and discussed neighborly things ·and everything that went on. He was quite attuned to everything that was going on at all times. What about your husband? My husband, yes. Many times when he would come to pick me up there or he'd come down to visit he would speak to him, talk to him about current events. Lou is a school teacher. He talked about the kids and the crazy things that kids do today and he was very much alert and aware of everything that was happening, in our community and in the world. · Rose Mary Resovich Q How about your personal appearance? Did he discuss that with yol ? A Many times. My hair used to be brown and I, of course, have sin< e :! z ~ .J > Ul z z Ill n. i ~ Q z i: ~ A 3: ~ ~ Q l-UI Q .J c( i3 ii :J A. .., :1: 1=: N ui 0: Ill 1-0: 0 n. Ill 0: 1-a:: :J 0 u .J c( i3 ~ 0 Q lightened it. And his hair was brown up until the day he died. He had very little grey hair involved. And we had this standing joke about I was t_:r-ying so desperately to become white and make my hair white, while his would stay nice and brown and how much younger he looked than I did. This is the type of person, sense of humor he had. This went on during the summer of '69? Right. What about the car, what effect did it have? What position did he assume towards his own car? He was proud of that car and that was the nicest thing that he could ~o for Chuckie. He wanted to do something. He told me about it that spring. It was around Easter, I was visiting and he was so=--hevvwould tell it to anyone who listened because he reall r felt he had done something because this car was something he priced . and he did want to give it to Chuckie and he did give it to him and he told. me. Did he tell you that he gave it to Chuck? A Yes. Q Did you see Chuck drive the car after he told you that he gave it to Chuck? A Yes, he did. 172 Rose Marv Resovich 173 Q Did Chuck ever drive it before that time? A No~ he did not. No one drove that car. Q Who was the domineering force in that house? A He was. e Q Could anybody change his mind after he maal:e up his mind? ¢ A No~ sir. Just like John testified~ you might talk to him but you z <C > ..I would not convince him . )o Ill z z bl a. Q Cross examine. i 0 ... C) z i Ill <C 3: ..: u i CROSS EXAMINATION BY MR. HORMELL: ... Ill Q e ..I <C u Q Your name is Rose Resovich? Q :I A Yes. '"I ~ Q You were the sister of Roger J!rancis? ui It: bl A ... It: I was'. I am. 0 a. bl Q It: ... j Beg pa.rdon? It: :I 0 A u ..I I am a sister of Roger. o( u Q ii: IL And therefore, you are related to Mary Francis. 0 A She is my sister-in-law. e Q Now actually~ the property that Mary Fr~ncis is living in, you so d it to her, didn't you? A Yes, I did. Q And you say that you were very familiar with the movements of Mr. Wojnar. As far as you were concerned. he was perfectly normal up until the time he went to the hospital. A Yes, he was, sir. Q He knew exactly what he was doing? A Yes, sir. Q A !! z ~ Q g z ~A II. i e Q \!) z i ~ A ~ ~ Q ii: ... Ul a A ... < ij g Q ., ~ Ill ui a: Ill ... a: 0 II. ~ A ~ :J 8 Q ... < u A iL ... 0 Q A He was very headstrong? Yes, he was. No one could tell him what he was doing? No one could tell him what to do. He knew how much money he had? He never discussed his money with me. Meu knew where it was? He never discussed that with me either, sir . Is it fair to say that your testimony summarized says that Mr . Wojnar was perfectly normal and happy and active and knew ever:y- thing he was doing up to the time he had gone to the hospital? Which time was this? August 5. Is that right? Yes. She said yes. Yes, the summer that he~s: speaking of, the summer that Roger was sick, he was. He was in his yard and he was. I saw him quitE often. Is that what you asked? Q Yes. In other words, he would be just the sort of man who, befor~ he handed the check to anybody, would fill in the amount of it. Is 17 ~4 Rose Mary Resovich that right? A I didn't know his perso~al habits of writing checks. Q That's all. c REDIRECT EXAMINATION BY MR. BARNA, SR.: z ~ Q Mrs,. Resovich, we are talking about going to the hospital. Now Ul z ~ which tl:uip are you talking about, the first or last time he went to a. i 0 ~ the hospital? · z i 't ~ A ' I knew him both times .he went to the hospital. ti Q ~ Q .... o( u When he carne back fro rn the hospital in August, you saw him after that, didn't you? 175 a A :I ., ·Yes, I saw him before he went in August and when he hemorrhagEd ~ 01 ai a: Ill 1-a: ~ ~ Q ~ :I 0 u ... o( u A ii: II. 0 Q and I also saw him before he fell off .the roof and went back, whicll. he never carne back. And be.tween the two hospital trips, was his condition the same as you described. before? Yes,. it was. .That's all. MR. HORMELL: No further ques dons. (Witness excused). .To!=lPnh ~ala ..1..7..6 ----------~~~------------------------~~~~ug--------------------------~ --- JOSEPH SALA IS €~LLED AND SWORN. DIRECT EXAMINATION OF MR. SALA BY MR. BARNA~ SR.: What is your name? Joseph Sala. Are you related to Bernice Sala~ one of the former witnesses? I'm her husband. How long have you been married? 19 years. And after you were married wlflere did you live and your wife? At the family home. That is with whom ? Mr. Wojnar. And was· Mrs. ,Wojnar living at that time? When we first got married she was, yes. How long has he been dead ? · Since '51. And have you continued to live in that home from the time you we e Yes. Who looked after Mr. Wojnar after he developed his sickness? What's that? Who looked after Mr. Wojnar after he developed his sickness? My wife, Bernice. There are a couple of questions in this case I think are at issue. Joseoh ~ala _122 One is the car. Can you tell us what happened to the car? A Well1 as far as the car~ at Easter time he told most of the family that he was giving his car to Chuckie and everybody was saying how nice it was. And Chuckie was happy to have it. Q What else did he do in connection with giving it to Chuckie? ~ A Well, then he had Chuckie go down to get the papers and that z <( > .... >-taken care of and they told him he was too young. So he just signed CD z z Ill II. the title and gave it to Chuckie and said he could take care of it i e-Cl when he wanted to. z % CD Q <( ~ When did he sign th:is title? .,: . u A ii: Just a few weeks after Easter. 1-Ul Q ~ e .... <( § And what did Chuckie do _after he got the title? c A . :J .., He gave it to his mother to keep . :1: t:. Q N What's that?- ui a:: I!! A a:: 0 He gave it to his mot~er to keep. II. Ill a:: Q 1-Did he do anything more about that, like getting the title transfer t-ed .a:: :J 0 u .... or anything? <( ij ii: A-II. No. 0 Q e A Who drove that car after he gave the title to Chuckie? Chuck. ' Q Did your father-in-law drive it after that? A No. Q Did anybody else in the family drive it but Chuck? A Just one time. Charlotte's boy Anthony, he said, "Let me drive ~our . ' L car, Chuck, because Grandpap never let me drive it. So I'm asking you~ can I drive it?" So Chuck let him 0take it around the block. Q Do you know anything about why the date of the notary public on ~ A z < ~ Q Ol z z Ill D. i g Cl A' z % Ol < ::: ~ a: Q ... !!! 0 ... A < § 0 :I .., ~ (II ui a: Ill ~ Q 0 D. Ill ~ A a: :I 0 ~ Q < iT ~ A 0 Q here is February 25, 1970? What's that ? Do you know why there's a date of the notary public, Mrs. Nortor ~ February 25, 1970 on the assignment? Well, tha~'s when Bernice had the title changed over to her name. I believe that's the date. Was there an aj;teinpt to get it changed before that time? Chuckie wanted to ha ye it changed but the woman said he was too young to have it changed into his. name~ thatbhe'd have to have an adult. Who told him that? The Norton Agency. The Notary Public? Yes. Wereyou around when the $7, 000 check was obtained in January elf 1969? A Yes. Q · Do you know how that money was withdrawn from the bank? her A Well, Bernice's fathera:sk'eCle,i· to go down to the bank with his passbook and to get the money out of the bank. And then she did. 17B Joseph Sala 179 Q Did you go down with her or not? A No. Q You can't testify about that. Were you home when she came back with the check from the bank? A No. ~ Q Were you home at any time when any of these transactions took z ot > ..1 >-place in January, '69? (J) z z 1&1 II. A Yes. i 0 ... Cl Q Wh?-t did you see ? . z i rJl < ~ A Well, I saw him give the check to Charlotte and I saw him give ..: u it: his check to 'Jeannette and she's questioning him, "What's this ... rJl Q e ..1 ot ij for?" That's about it. jj :I ~ Q Was there a ch.eck payable to your wife?- :t ~ til A Yes. ui a:: Ill ... a:: Q How much? 0 II. Ill a:: ... -a:: :I 0 u ..1 Q . How much? < ij ii: II. A Two~ 0 Q Was there another check? A One check for John. · Q What do you know about the check to John? · A The check from John went back to the bank. Q How soon after it had been brought up from the bank? A A few weeks later. Joseph Sala Q Did you hear your father-in-law say why it went back to the bank: A He was objecting to it and then John wasn't coming around and ~ z ~ Q > Ul z ~ A II. i e Q (!) z x Ul < ~ ..: u ii: ... Ul o A ..1 < u Ci :I ., ~ Pl he felt that John just wasn't what he thought he was and he just didn't want to give John the check so he changed his mind and told Bernice to take the check back to the bank and have the check rna le out to her and that's W1 at she did. So at that time your wife got $3, 000. Yes. Now there's an item just before that for $1, 000 made payable to .? . Joseph Sala dated December 22, 1968. Can you tell us about that thousand dollars? Well, I was in the market of looking for a car. I looked at a few different cars and I was going to get my car. Mr.,, Wojnar, my father-in-law, he says that he'd like to give me something towarc 180 ui II: Ill ... II: 0 II. Ill II: ... II: :I 0 u my new car. And I told him he didn't have to, but he says he wan ed ..1 < u ii: II. 0 to because he felt that he just wanted to because he used my car so much and we needed the car. So he wanted to give me some money toward my new car. Q How was that money withdrawn from the bank? A The same 'procedure as all the other money. Q Did you go with your wife to the bank at any time with that check: A No. Q Were you home when she came back from the bank? A Yes. Joseoh Sala 181 Q What did she do with this $1 1 000 check? A She gave it to her father. Q What did he do with it? A He gave it to me to use against my new car. And I thanked him e for it. :! Q When she came back from the bank what did she do with the bank z < > .J >-book? Ul z z Ill 0.. A She gave it to her father. i 0 .. Cl z Q Who had custody o.f that bank book all the time? :t Ul < 3: A He had custody of :illiJothe.n:than when he'd give it to Bernice to ..,: 0 iii take it down to the bank. .. !!! 0 e .J < ij Q Now' there's another withdrawal in this bank account of $4 1 000 0 ;:) ., dated August 11 1969. What do you know about that withdrawal? :t 1:: Ill ui A Well1 he was talking about giving some money to our children. 0: Ill .. 0: And he talked about it and we said we thought it would be better 0 0.. Ill 0: .. if he didn't do that because it was going to cause hard feelings in 0: ;:) 0 0 .J the family and he said he couldn't see why because he felt he cou lct < ij ii: IL 0 do with his money what he wanted. Bu.t W.e said still it's going e to :cause hard feelings. And we dropped it and later in the week again he brought it up again, the same thing. At the end of the ' week he told Bernice he wanted her to go down to the bank and take this money out for the grandchildren. Q And what was the procedure in getting that money out of the bank? A The same procedure. He gave her the book, she went down the Joseph Sala 182 bank, made out a withdrawal slip, ftlled in the amount, she brou~ ht the slip home1 he signed it and she took it back down to the bank and they made a cashier's check out to that figure and she brough the cashier's check home and he signed it. Q The cashier's check was made payable to Bernice Sala and Josep ! Sala1 is that right ? z < > A .I Yes . >-Ill z z Q )II a. August 1st is what day of the week? Haveyou looked it up since tP.en, i 0 ... \!) 1969? -If I tell you that it was a Friday~ does that sound right to . ou? z l: Ill A < ~ August 1st? ..: Q 2 a: Yes, 1969. ... Ill Q A .I Yes, that's Friday. < § Q Q :I Where was that check from then on? During the weekend, who he: d ., I: ~ N the check? -ui a: Ill A ... a: We had the check over the weekend. 0 a. Ill Q a: ... Did you endorse _that check, the cashier's check? a: :I 0 A 0 I endorsed it Monday morning before I went to work. .I < ij Q ii: ... Well then when you came home Monday from work, what did you 0 find out? MR. HORMELL: About what? Q 1\/bout Mr. , Wojnar. A Monday night~ well, I finished up early that particular day. And I came home. Just as I was coming home is when they was bringi~g her father out of"the house. 183 ' ···Q That's when he had the hemorrhage? . A Yes, when he was hemorrhaging . Q And he was taken to which hospital first? A Monongahela Hospital. Q And from there? ~ A From there we took him on down to Pittsburgh. z o( > Q .J >-How long was he in the hospital during that time? Cll z z A Ill D. Where at? i 0 ... Q Cl z I Monongahela and MontefiG:we together. i: Ill 'A' ') o( ~ Mon City Hospital, he was there about three or four days; and ..: 0 i down Pittsbur:gh about a weeka and a half or two. ... Ul Q Q .J < Now did you see any proceeds from this $4,000 check while your § c :J .., father-in-law was in the hos pita!? :1: ~ A N When he was in the hos pita!? ui a:: Ill ... Q a:: Yes. 0 D. Ill a:: A ... The check was at home. Bernice went down to the. ba'nk: like I a:: :J 0 0 .J said, on a Monday morning. I endorsed it, she went down and o( u iL IL had bonds made out and then she went down on Monday and the 0 girl says she was busy and it would take awhile to type all them checks up and for her to _stop back the next day or so. Q Did you see the bonds ? A Well, I saw them, yes. Bernice bro)jght them home and showed them to me. Q They are dated August 5, I believe. That would be a Tuesday. Joseph Sala 184 A Yes. Q Did you see the bonds at home on Tuesday or after Tuesday? A Yes~ I saw them at the house. Bernice had them in the closet the r~ for safe keeping. Q. Where did she keep them? :! A She had them in a closet there where she ke~pt a lot of her valualle z <C > ... >-stuff . Ol z z Q Ill II. Now how mi:my envelopes was there of these b.onds and so on? i 0 ... A C) Four. z i (I) Q <C ~ And what did each envelope contain? ..= 0 A i Bonds equivalent to $1~ 000. There was one thousand dollar bond~ ... !!! a e ... <C § three $100.00 bonds and a $25.00 bond. a Q :J' .., Was there any cash besides that? :t 1:: A N There was the cash left. I don't know what you could buy a bond ui 0:: Ill ... 0:: with . 0 II. Ill 0:: Q ... What did she do with these envelopes after your father came .. 0:: :J 0 0 ... home from the hospital? o( u ii: A IL A few days he came from the hospital~ she gave them to her fathEr 0 and in turn that evening we was having supper1 he came ·down anc gave these envelopes to the children. He told them he wanted to give them these bonds and for them not t® spend them foolishly~ for them to keep it. He wanted them to have something to rememper him by. He figured with bonds it's something you keep longer an< he gave these bonds to the children at suppertime. -------------------.----------, I .ToRPnh ~ala 185 Q Whose idea was it to put this money into bonds? A Bernice's dad. Q Mr. Wojnar? A Yes. e Q Did he give any reason why he wanted it in bonds instead of cash < deposit? z < > A .J > He thought the bonds was more like a gift and it's something you 01 z z Ill II. just don't go and spend. i 0 ... Q C) Now there's been some talk about the T. V. and stereo and a lot z i 01 < 3:: of furniture in that house. Who bought the colored T. V.? .,: 0 A it I bought the colored television. ... !!! c Q e .J < § Where did you buy it? c A ::;, ., Five, six years ago. :r ... .... Q N From whom? ui a: Ill A ... a: From Dom's Television Service in Duquesne • 0 II. Ill II: Q ... Who paid for it? II: ::;, 0 A 0 I did. .J < 0 ii: Q ... Do you have a receipt for that television set? 0 A Yes. e (Stenographer marks Estate's Exhibit 2). MR. HORMELL: May I see it please? MR. BARNA, SR.: Oh, yes. MR. HORMELL: Mr. Barna, is Dom a vai able e < z < > .I >-Ul z z Ill II. i 0 1-I!) z x Ul < ~ ..: 0 ii: 1-Ul 0 .I < ij 0 :I ., X ~ Ill vi a: Ill 1-a: 0 II. Ill a: 1-a: :I 0 0 .I < ij ii: II. 0 Joseph Sala for testimony? MR. BARNA~ SR.: I presume he is. He's in E>uquesne. MR. HORMELL: I object to the introductio of this, Your Honor, as not being in accordance with the Best Evidence Rule. THE COURT: The objection is overru~e exception noted. Q I show you our Exhibit Number 2 and ask you whether or not that is a sales slip from Dom!s T. V. and Hi Fi Center in Duquesne, Pennsylvania? A It is. Q What is the date of that receipt? A The 12th month, the 22nd of '66. Q To whom is this receipt---what name appears on there? A It's made out to me, Sala. Q The address, is that your address given on there? A 65 3 Sixth Street, Donora. Q Is the price filled in completely? A It is. Q $640.50, is that right? A That's right. But also in there is the $30. 00 it shows there. That's the projector that I bought the same time. 186 l i Joseoh Sala 187 Q And marked Paid in Full, is that right? A Yes1 sir. Q Did you pay for it on that day? A Yes. e Q With your own money? ( A With my own money. z ~ .I )o Q 1f the Court please, we offer i"uto evidence Exhibit 2t in connection Q) z z bl D. with this witness's testimony. Now what about the stereo? Do you i 0 1-C) have a :D-tereo in the house? z i Q) ( := A Yes~ I do. .,: u a: Q Where did :\YJDJ!l get the stereo from? 1-Q) a .I < A I bought it from Joe Clement. li a ::1 "'I Q Where is he from ? X 1:. N A From Donora. ui a: Ill 1-a: Q What kind of a stereo was it or is it? 0 D. Ill a: 1-A It's one of these component parts. It's like a built-in stereo.· a: ::1 0 u It's like an intercom stereo. .I ( li ii: IL Q Is it just cabinets or did you have to build it into the wall? 0 A You cut holes in the walls and it's inserted into the wall. It's four e big units in one section1 then two speakers cut into each room for the speakers . Q About how long ago did you buy it from Mr. Clement? A About eight, nine years ago. Q Is that the same stereo that's still in the house? _T()~Pnh C:::~l~ ....J..SS A It is. Q Who bought that stereo? A I did. Q Did your father-in-law have anything to do with that stereo? A No. o( z Q How much did you pay for it? o( > A ... > I paid $500. 00 for it. VI z z Ill Q Q. The washer in the house1 whose washer is being used? i e A Cl z The one that 1s being used is our washer and there ~s another i VI ; washer that belonged to her parentsJ but it doesn't work . ...: u Q ~ From whom did you buy the washer that you are using? VI Q ... A o( From Alfred 1 s Appliance in Monongahela . u ii Q :I ., How long ago ? :z: 1: N A 1960. oi Ill: Ill 1-Q Ill: 0 What did you pay for it? Q. Ill Ill: A 1-Ill: Around $250.00. :I 0 u Q ... But you are still using it? o( ij ii: A IL Yes. 0 Q Is that with your money also? A Yes. Q There's a mirror, I think there's so1_ne discussion of a mirror in the house. What happened to that mirror? A A few years back Bernice was cleaning the house and she took the mirror and put it behind the couch so it wouldn't get broke. ----------~~----------------------~-T~~.uw~Rll~a~------------------------;LlliL__ And somebody bumped the couch and knocked the mirror over anc the mirror broke. I went to a glass agency there in Monongahela and had the mirror replaced and set it back into the same frame. What did the glass part cost you? It cost me $40.00 to replace the mirror. The framework belonged to your father-in-law, didn't it? Yes. But the mirror is yours ? Yes. What about the dishles, pots and pans and utensils in the house?. Whose are they? They belong to my wife. We have went through those dishes and more dishes of our own. . Did you get any dishes for wedding gifts and so on? We did, and a lot of them,. they're used and they're gone, our wedding dishes . There's a black and white television in the house .. Whose is that? That belonged to both me and my father-in-law. But actually, doEsn't even work. I put a new picture tube in, no results. So we don.rt even watch it. You heard your wife place values on various items of furniture th t belonged to your father in the house. What do you say about the values? A Most of them, I'd say she was on the high side. --------1 ----------~~--------~--------------~.r~·,o~>:R~:P.pb Sal~ Q About these four thousand dollar bonds that were given to the grandchildren~ how long before Bernice actually went to the bank was Mr. Wqjnar talking about giving the grandchildren this $1 1 OOC each? He first started talking about that the first part of that week. And then through the middle of the week he was talking about it some more and he just wouldn't take no for an answer. And Friday he just told Bernice he wanted her to go down to the bank and get the money out for the bonds and that was it. Did you and Bernice try to disuade him from doing tbat1 try to . persuade him not to do it? Yes. Why did you try to persuade him? Myself, I thought it was going to cause hard feelings and because there's other grandchildren and a lot of people look at it this way1 and some look at it that way. And I knew it was just going to cause hard feelings. And we didn't want to do it1 but he felt that'~ what he wanted to do and that's what he did. Do you remember any specific words he said about that? He said his money is his money to do what he wanted to do1 What wa·s the relationship between your children and your father- in-law ? Did they get along? A They all got along. All the grandchildren got along with him. Joseoh Sala ] 91 Q Did he like your children? A He liked them very much so. Q Did they like him? A Yes. Actually, the youngest boy was his favorite, our youqgest boy. ~ Q Were the children born while you people were living in there? z c( > A _, > They were all born and raised in the house. Ill z z Q ld II. . There was something said about you and your wife going to Monessen i 0 1-Cl z· to Charlotte's home after your father-in-law's death. Did you go i Ill ~ go over with Bernice? .,: 0 A it: Yes. 1-Ill i5 Q e _, c( u Why did you go over then? i5 A :I "I Well, that day I came home from work and Bernice said she calle~ ~ Ill Charlotte and Charlotte said she was down at the doctor's and ui 0: Ill 1-0: she was all worked up and upset and she asked her what about. At d 0 II. Ill 0: 1-0: she said she's jusf all upset. And so we de.cided that e.vening we'c :I 0 0 _, go over and talk to her and see if we couldn't console her and c( u iL ... 0 see what we can do for her. So we wen.t over. Charlotte was havir g. her supper and we asked her what was what, and she just kept talking about the house and the kids getting the money. And she says she didn't think Bernice would do this to her. And we asked her, ·"What do you mean?" What did Bernice do to her. And we didn't know what she meant by that. She says, "I wouldn't believe you would do this to me. 11 And she wouldn't give us no Joseoh Sala 192 definite kind of an answeraand that was it. And also1 so Bernice asked her~ "Gee, where do we stand?" She said, "Don't you hav no feelings for me?" And Charlotte says1 "I'll have to decide whether,,'~bout her feelings toward her. And to this day she has rot said anything to her as to what her feelings may be one way or ~ another. z <· > Q .J >-Was there any agreement reached between the four of you? Ill z z A Ill II. No. i e Q " Then after you got home what did you do? z x Ill A < ~ Later in the evening I called to see how Charlotte was doing. ..: u a: ... Stanley answered and I asked Stanley .how Charlotte was. He said !!! 0 .J < she was upset and I asked hirw what she was upset about. She 0 Q :I ., was <:talking about the house and the kids getting the money and :c 1-..... Ill how Bernice could do this to her. And I says~''Actually, what doeE oi a: Ill-... a: she want? Does she want Bernice's 'money or what does she want~" 0 II. Ill a: ... Stanley said he didn't know and that was it. a: :I 0 Q U· ... That's the end of the conversation? < 0 ii: A ... Yes . 0 -' Q Did he give you any reply besides---! don't know what you asked him1 what does she want, does she want Bernice's money? A He said he didn't know. Q Did she know the contents of' the Will, Charlotte, at that time when you went over there? A I believe she did because the Will was mentioned a few different ...1.93 times. I'd say she knew the contentssof t.he will. Q Did she mention the fact that Bernice was getting the house? A Well, she said she didn't know Bernice was getting the house and Bernice getting the money for the kids. And she didn't think that Bernice would do this to her and she was left in a position she didll't ~ z <t ~Q Ill z z Ill II. i 0 ~A z i ~Q t it ,.. Ill 0 .J <t 0 0 :J ., know what she wanted. Did she indicate to you and your wife that she knew she was to get one third of the remainder? Yes. Cross examine. X • 5 CROSS EXAMINATION BY MR. HORMELL: ui II: . ~ Q 0 II. Ill II: ,.. a: :J 0 u A .J <t 0 ~ Q 0 Charlotte indicated to you that she knew she was to get one third of the remainder, is that right?. Yes . ' Now Charlotte indicated that that. was one third of the remainder, including $5, 000, one of which you had and four of which was give 11 to the children. Isn't that true? A No. Q Now you initiated the call to Mr. Szerszen, didn't you? A Yes. Q You called first, right ? Joseoh ~ala A Yes. Q And you heard your wife testify that you did make an offer to Mr. Szerszen, did you? A No. Q You didn't hear that? ~ A No. z < > Q ..I >-At the time that you called is it true or isn't it true that you told Ul z z Ill II. Joe Sala he would give--:--you told Stanley Szerszen that you would i 0 1-C) z give his wife Charlotte two thirds of the money and Jeannette one i Ul < ::: third? ~ () A ii: No. 1-!! Q Q ..I < Do you remember when your wife testified? § Q A :I Yes. .., X "" " Q N Do you remember when your wife said that you said that? ui a: Ill A 1-a: 0 She didn't say t.hat; not to my knowledge. II; Ill . -a: Q .. a: Let's talk about the bonds for a little bit. You say tp.at the check :I 0 () ..I was issued on Friday. < u A ii: II. Yes. 0 Q That would be the first? A Yes. Q Well, for the information of the Court, I am looking at a calendar for 1969J and I would be asking.the Court then and Mr. Barna to take judicial notice that August 1st was on a Friday, the second a Saturday, the third a Sunday, fourth on a MondayJ fifth on a Tue day, Joseph Sala 195 for the purpose of further examining this witness. MR. BARNA~ SR.: We will agree to that. Q Now, Mr. Sala, as I understand it, on the first of August your wife· took the bank book over to the bank and they made up a with- drawal slip. A !!: Right. z o( > Q .J > And then your wife came back and got your father-in-law to sign 't. Ill z z A Ill Yes. II. i 0 Q ... 1!1 And then she took it ·back to ·the bank. z x Ul o( 3: MR. BARNA, SR.: Answer. ~ A Yes. a: ... Ul Q Q .J Then she bought bonds . o( u Q A :I Yes. ., :1: ~ Q Ill Now those are the same bonds that were introduced in Court here. vi a: Ill A ... a: Yes . 0 II.· Ill Q a: ... ·Those are the bonds which she bought on the 4th or 5th of August. a: :I 0 A u Yes. .J o( u Q ii: II. Which day was it, the 4th or the 5th?· 0 A She went dow'n to the bank on the 4th to get them. Q Yes. A But the girl says to her for her to leave them there. She had quit~ a bit to do and it would take awhile to have them all typed up and to stop in later on to piCk them up. Q She picked them up on the 5th? I -------H--------------e~·T.OS.@.[Jh-Sa.J.lll !'lii-----------------l__l9_6_ A The fifth or later1 I don't know. She picked them up later. Q You said that your father-in-law gave the bonds to the children. A Yes. He gave them to the children when he came from the hos pita . Q Oh1 he had already been in the hospital and he didn't give them to the children until after he had come back? :! A Yes. z < > Q .J )o How long after he came back? Ill z z A Ill D. A few days. i 0 Q ... C) How many days1 three or four or ten? z i Cll A < 3: I'd say about two days after he came from the hospital. ,.: Q 0 a: When would that be? ... Cll Q A .J < He was in the hospital for a couple weeks. Exactly what day it wo ld 0 Q :I ""' be, I don't ~now. l: t:: Q (II ui As a matter of fact1 he came home from the hospital. on August 15 It: Ill ... It: didn't he? 0 D. Ill o:: A ... It could have b.een. I don't know for sure .. It: :I 0 Q 0 .J Now on the automobile, you say that car.was given to your son < 0 ii: ... by your father-in-law at Easter. 0 A Yes. e Q ... l <" And your son went over---now when did Easter occur in that year .. approximate;y? That would be either in April or May1 wouldn't it? A In April, March or April. Q March or April. All right. Now that's 1969. When he gave the car to your son1 your son went over to see about transferring the 197 .- title to him. A Yes. Q How soon after the car was given to him did he do that? A A few weeks later. Q That would make it then in April or May? < A· Somewhere thereabouts. z < > Q ..I )o Of 1969? Answer the question. Ul z z Ill A D. Yes. i 0 .. Q " z And 'you say that the boy was told he was too young? x Ul ; A Yes. t Q i And the car would have to be in his mother's name? .. Ul a A e ..I < u . . Yes, or somebody else older. a Q :I .., And that's the reason it was transferred to your wife? ~ N A Yes. ai a: Ill .. Q a: 0 But you waited almost ten months to do that, didn't you? D. Ill a: A .. Yes • II: :I 0 u Q ..I Why didn't you do it right away? < u ii: A ... 0 Well, the plates was still on the car. And then he talked to his insurance agent about the insurance on the car. Since the insurance is in the father's name he said leave it that way because the premium would be less. So he said to leave th titled the way it is. Q You were using Mr. Wojnar's insurance, right? A The remainder of it. .Toseoh Sala 198 Q Right. And you were using his license plates, is that right? A That's right. Q But the car you say belonged to the boy? A He'd give it to the boy. Q And then your wife went over and had it transferred after your :!: father-in-law had died? z ~ A .J )o Ul Yes . -..-. z z Ill Q II. Now the '69 plates would not' have expired ~ntil March 31, 1970, i 0 ... 0 isn't that true? z i Ul ; A Well, they do expire in March. .,: u Q i ... Why didn't you ·wait until March 31, 1970 if that was the reason? Ul 0 .J c( Why did you go over on February 25th? 0 0 A :I ., There's a lot of things in your life you ·can't explain from one day :1: 1:: w to another why you do it. ~ ui a:: Ill ... Q a:: 0 You can't explain this? II. Ill a:: A ... No • a:: :I 0 u Q .J Now let's talk about the checks for a little bit .. The che:Ci.kthat c( 0 ii: IL was for yourself and the other checks, I want to be sure that this 0 procedure is correct so you stop me if I'm wrong. You are sayin~ that your father-in-law would give the bank book to your wife. A That's correct. Q And your wife would take it to the bank? A That's right. Q Then the bank would fill it out? 199 A Fill the withdrawal slip. Q The amount out. A The amount. Q And then she would bring it back? A She would. Q And your father would sign it? A He did. Q And then she would take·it ·back to the }?ank·, is that right? A That's right. · Q And bring the things back to your father-in-law. A Right. Q That would take thr'e-e: trips ? A Yes. Q Now did you" hear your wife testify on cross examination when I showed her all o{ these checks that the only thing that was on these checks when she took them to the bank was fue;r signature? A I mean I saw you doing that,· but ;r can't see_ in my life how you car have a blank cashier's check. Q We apparently had it in this case. You say the reason is you don't see how he could have a blank cashier's check, is that right? A That's what I would say. Q Now let's look at the exhibits here. Is this a cashier's check or is this the withdrawal slip? MR. BARNA, SR.: Which one are you talkin~ L-------------------------------------------------------------~---------- Joseph Sala 200 about? Q The one cashier's check Number 06197S7 dated August 1, 1969 for $4, 000. 00. A I'd say this is the withdrawal slip. Q And which is the cashier's check? A This is the cashier's check. :!: z <( Q > ..I > It's the one right below it ? Ul z z A Ill Yes. II. i 0 Q 1-1!1 Which contains the signature of your fatf!er-in-law, the cashier'1 z i Ul <( 3:: check or the withdrawal slip? .,: A u i On here, the withdrawal slip. 1-Ul Q Q ..I Her signature appears nowhere on the cashier's check, is that ri~ ht? <( § Q :I · Isn't that right? ., :z: ~ A (II Not on this· one, there's no signature. vi a: Ill Q 1-a: That's right. So. the pnly place that the signature of your father- 0 II. Ill a: 1- in-law couid have appeared when I was questioning your wife was a: :I 0 u on the withdrawal slip, .isn't that right? Will you answer the que~: t ion? ..I <( u A ii: IL I don't follow your question. Repeat that. 0 Q Your wife testified that she brought the withd:tawal slips home, e your father signed them in blank. A No. Q Just a moment. Took them to the bank, the bank filled these thing:; in, and that's how this was accomplished. You testify that" she took them to the bank, the bank filled them in and then he came be: ck ct z ~ )o Ul z z Ill D. i e C) z i Ul ~ ti ii: .. Ul il ..I ct ij il :I ., :E ~ w ui a: le a: 0 D. "' a: .. a: :I 0 u ~ u ii: II. 0 ;ifoseph Sala 201 and signed them. Isn't that right? A That's right. May I ask one question? THE COURT: No. We do not permit you to ask questions. Your counsel will counsel with you. MR. HORMELL: What are you doing1 Mr. Barna? MR. BARNA, ,SR.: Pardon me. I went up to consult with him. MR. HORMELL: Your Honor, I object to that. MR. BiXIR~A;LSJ!L: I'll tell you what he said. MR. HORMELL: I don't care what he said. I object to your going up there-·-- MR. BARNA,~ SR.: I don't know what your idea of propriety .is. He wanted to ask you a question. The Court said he can't ask questions. I asked him what he wanted .to know. He said this check doesn't show any signature. MR. HORMELL: If it please the Court, these objections should be raised to the Court. and I thinl< it is improper for Mr. Barna to go up and whisper to his client while I am cross examining him1 and I want that on the record. Joseoh Sala 202 (Continued Examination by Mr. Hormell): Q Now, Mr. Sala, I have a check here that was made payable to John Wojnar. It's also on this Exhibit "A r;. Do you see that check John and Helen Wojnar for $1, 000? Do you see that? A Yes. o( Q Do you remember your wife testifying that that check was voided: z o( A Yes • > ..r > VI z Q What was meant by that? Do· you know?. Was that check torn up? z Ill IL i 0 A I believe it was torn up. ... " z x Q If I were to say to you if that check were torn up, how does it get VI o( == .,: here in this photostat? u i ... VI A It wasn't torn up. It was replaced and the money was never with- drawn on this check. Q e ..r "' ij Q :J ., X Q Then your bank account should show $1, 000 more than appears. ~ N ui a: . A No, because they had another check made out to the same amount . Ill ... a: 0 IL Ill in Bernice's name that corresponds ,to this ch,eck right here . a: ... a: :J Q I don't see that check in this exhibit, the check to Bernice alone. 0 u ..r o( ij Will you show me where that is? iL IL 0 MR. BARNA;, SR.: If the Court please, we object to counsel hounding him about somethi-ng that is not here. He had a right to subpoena the bank records and he didn't do it. He asked us' for copies of the checks, we w€:nt:> up the bank and got the photostats and sent them to him. We didn't know what he wanted,. if he·wanted the whole ----------------n-----------------.~ Joseph Sala 203 check or if he wanted the endorsement on the back, he should have asked them. He's had these photostat copies for months and now he's making all this fuss over nothing. THE COURT: We are not deciding who is right and who is wrong in the arguments of counsel . because this is not time for arguments. Arguments are made to the Court. But we will sustain the objection because the question is argumentative. MR. HORMELL: If it please the Court, I want to again. call the ·Court's attention to the fact that on two occasions in this hearing I have request~ed the bank to furnish me photostatic copies of the reverse ·side of these checks. I think it can be seen how this is going to be very relevant to this issue. I repeat that request. THE COURT: That does not permit you to argue with this witness, no matter how well your stand might be as far as the bimk is concerned; that doesn't per1pit you to argue with the witness. Your question to this witne1 s i.s purely argumentative. And the objection is sustained. (Continued examination by Mr. Hormell): Q Mr. Sala, when did your brother John get his---your brother-in- law John get his money? A Shortly after his father's funeral. Joseph Sala 204 Q Di:cbheiget it by check or cash? A That I don't know. Q Would that be the one thousand dollar check that was made payabl to Bernice? A No. <( Q_ It's not? z ~ A .J )o No . Ul z z Q Ill II. You don't remember whether it was cash or check? i e A Cl That check she deposited in our own account and she withdrawed z x Ul ~ $1. 000 and gave it to hi!TI. Whether she gave him cash or a thousand ..: u ~ dollar check, I don't know. Ul Q Q .J <( She gave $1, 000 to your brother-in-law from her own account. ij Q :I ., is that right? ~ A 01 Yes. The same $1.000 you're referring to there. ai a: Ill Q 1-a: 0 The sam~ $1, 0~0 I'm referring to which was in the check of John II. Ill a: 1-Wojnar's name, is that right? a: :I 0 A u Yes. .J <( ij ii: Q II. How did she get this $1, 000 that was in John Wojnar's name? 0 A Her father sent it back to have the $1, 000 made out into her name. e Q Did she endorse this check? A That I don 11 tknow. Q Did you endorse it? A No. Q Do you know whether John or Helen Wojnar endorsed it? ----------~~------------------------~·T~<o~se~o,~h~~:a~.laa_ ________________________ -4_aua_ A That I don't know either. Q How many times was your wife in the safety deposit box to your knowledge? A Once. e MR. HORMELL: May it please the Court, ~ before concluding with this witness, I want to gagain call z c( > .J )o the Court's attention to a statement I made on the record •. Ql ' z z Ill Q. at the time of the testimony of Bernice Sala, when after . i 0 ... C) she had testified, I referred the Court to the fact that this z :c Ill c( 3: coulp not 'be a gift because it had not been completely ..: 0 ~ executed and the Court reminded me that the Court knew ... (J) Ci e .J o( Q what the law of gifts was. And with that statement, I will a :J stop asking questions of this witness. .., X ~ N . ui a: (Witness excused). Ill ... a: 0 Q. ~ .. ... a: . :J 0 . u CHARLES SALA IS CALLED AND SWORN • .J c( u ii: IL DIRECT,EXAMINATION BY, MR. BARNA~ SR.: 0 Q What is your name? e A Charles Sala. Q Are you related to any of the people in this Courtroom? A Yes, I am. Q Who are you related to? A My mother is Bernice Sala; my father is Joseph Sala; my uncle a d Charles Sala 206 rriy aunt. Q Was Anthony Wojnar your grandfather? A Yes, he was. Q And I think it's been brought out you have been living with your grandfather,in the same house of your grandfather since you were c born. z c > A .I > Yes . Ul z z Q Ill II. Your grandfather had an automobile, 1948 Dodge I believe, is tha i e Cl right? z i: Ul A < 3:: Yes. ..: Q 0 ii! What did he do with this automobile? ... Ul Q A .I What do you mean? Well, he gave it to me . < u Q Q :I When did he give it to you ? .., :1: 1::. A N About two weeks after Easter. ai a: ~ Q a: Of what year?. 0 II. Ill A a: '69. ... a: :I 0 Q 0 And how did he give you the car? What was said and done? .I < u A ii: ... One day I came, just before this at Easter time I was at my aunt' 0 and my cousin Informed me that, well, he says, since "judge" gave you the car, he says you ought to make sure that he signs it over to you; because if he doesn't and something should happen to him1 although he gave it to you, if it's not legally done, the state can take the car. Q Who gave you this advice? ----------------------- ....201 A My cousin, Anthony Szerszen. Q Anthony Szerszen? A Yes, the son of Char lotte. Q What was done ? A Then I came home and I was telling him that and he says he didn't :! know that and he ought to sign it over, but nothing was said for z ~ .I >-Ul awhile. So one day when I came home from school, he went over z z Ill IL to the cupboard and, he got the title 6ut and he says, "Here is the i 0 1-" z title to the car." He says, "You can have it and this way since :t Ul c ~ I have my signature here and it's signed over to you so you can t a: 1-take care of this anytime you want and the car is yours now." Ul c .I c He says, "The car is yours and everything pertaining to the car. " u c :I ., So I says, "Okay, " and I went in my room and I we~t to put the :z: ~ N ai title away and he says, "Why don't you go down Mrs. Norton's an :I· II: Ill 1-II: 0 have this taken care of right now?"· IL Ill II: Q 1-It: Who said that ? :I 0 u A .I My grandfather. He said Hillhat way it will be taken careof right c u ii: IL 0 away. " Q Who is Mrs. Norton? A She's a Notary Public that my grandfather has done business with. So I went down and she informed me that I was under age and tha I had to bring somebody else, either my parents or somebody 21 to, you know, take legal action to have it transferred. I went home and I told her that and I was going to go .down with my mothEr, ----------------------------.-------,1 ----------~~--------------------~r~ha~~r~·l~P.!~:R~~:a~.l~a----------------------------~~ ~ z ~ > .I >-en z z Ill II. i 0 ... " z x Ill ~ 3:: .,: u ii: ... en . ' ii Q .I <( u ii :J ., :1: ~ A N ui a: Ill Q ... a: 0 II. Ill a: A ... a: :J 0 Q u .I ~ u ii: A ... 0 but we decided to wait until my father came home to see actually we what;Was was going to do. And we was talking·about it and I found out that I should~ you know~ just hang on to it, not do anyth'tng, since it's already signed over, I was informed by my insurance agent that the insurance w mld be lower and that~ you know, keeping him as the owner of the car. And that's what I did. Like he told me himself, he says to do it this way. "Don't get it taken.care.of now anyway. We'll..wait until.the insurance is ove~ and wait Until it IS all expired and then yOU Can haVe it put ill your mother's name or your father's name or anything you want. It's II yours. Was your grandfather's signature on the back of the title when he '- gave the certificate of title to you? · Yes, when he first gave it to me. The first time? Yes • Who paid for the insurance· premium~ the next one that came due? When it came due again Iwas. talking to hiin and I says---I went to my insurance agent first and he says that if I'd keep it in my grandfather's name and pay my grandfather and then plus pay mint=>, as:~an additional driver, he says it would end up being cheaper thart if I'd~ you know, just have the policy of my own. So I came hom and told my grandfather about it and he says, "That's a good idea if you can do it." I says I would, and from there on, I paid his ---------------------.---- Charles Sala 209 premium and my premium under his policy. It was cheaper that way. Q You paid all the premium? A Yes. e Q When was that, about July when the policy became due? :!: A I don!t know. It was every six months or something. z <( > Q .J ). Who was the insurance agent ? Ul z ' z A Ill D. Jerry Tregembo from Mon City, State Farm. i 0 Q 1-Cl Now did your grandfather ever give you anything else? z i I Ul A <( :: Well, the bonds. Yes, he gave us~all the kids bonds. .,: u Q it Tell us under what circumstances the bonds were given to you. 1-!!! 0 A e -.J <( 0 Well, I didn't know anything about it while, you know, the process 0 :I ., was going on. But after he came home from the hospital, I'd say :r I: "' it was about two days after,he came to supper and he had these ui -~ a: Ill 1-a: four envelopes with him. And he told us all,he says that he had 0 D. Ill a: 1-$1, 000 worth of bonds here for all of us and that he got them a: :I 0 u .J for us because, as a remembrance of him and just because he wapted <( u ii: 1&. to give us something. And well, he advised us not to spend them 0 and if we did spend them, not to waste it on something foolish e and all. And then he gave us, you know, all our bonds individuall!r and we were all excited and everything and we thanked him. And then we, you know, ate supper. Q Did he personally hand the bonds to you? A He sat at the head of the table and while he was talking to us he Charles Sala had them in his hands and he kind of passed them around. And we all got up and gave him a kiss and thanked him and sat back down. Q Were the bonds in the same denominations that were shown here ia Court? A Yes. The money, we took the money out. It was ours anyway. c( z c( ~Q Ill z ~A II. i ~ Q z i Ill ~ ~ ii: .... !!! Six dollars and a quarter or fifty cents. There was some change. This is at the supper table was it? Yes. Cross examine. ~ eROSS EXAMINATION BY MR. HORMELL: c( u g Q How old areyou., .Charles? ., % ~ A N l.'i.m 18 years old. ui 0: Ill Q 1-0: Haveyou graduated from high school? 0 II. Ill· 0: A 1-Yes, I h•~we. 0: :;) 0 Q 0 .J When did you graduate? c( 0 iL A IL 1970. 0 Q What month? A May. Q So you already had the car as of that time? A Yes, I did. Q Now do you remember how much extra it cost on the insurance fo you to be listed as a driver? 210 I I e e Charles Sala A It was---1 don't know the exact amount. I know it was $8.00 mor~ than his was. His was like forty-two and mine was fiftY,, or his was forty-four and mine was fifty-two. I know mine was eight more than his. But I paid them both. Q You paid both of them? A Yes. :! z <( > .J >-Q The records of the insurance company will be able to tell us when Ill z z Ill D. that chan.ge was made~ won't they? i 0 ... " A Yes • z i Ill <( ~ Q Do you have any of thc:>se receipts at home? ~ u ii: A I have some of them but I don't know which ones I have. ... Ul Q .J Q · Well# would you .give them to Mr. Barna, the ones you have., so <( i3 Q j we can take a look at them? ., :t 5 A Yes. ui It !!! Q It 0 D. Ill It ... It j 8 A .J <( i3 ii: Q II. 0 A Q Now when you graduated from high school~ you sent a letter to your aunt and upcle. Didn't y~m? Yes, I did • And in the letter, you were a little disturbed, weren't you? Very; You comp~-a.ined because they were trying to take the car away from you. A No~ I didn't comp~in. Q Didn't you say that in the letter? A I'm not sure. I don't think I was complaining. But I was very - l 211 Charles Sala 212 upset,jy.:es. (Stenographer marks Objector's Exhibit "E"). MR. HORMELL: May it please the Court, I would like the Court to advise Mrs. Sala, who is sitting in the Jury Box, not to look at her son and say, "You're :! z < doing goed. " > ..I > Ol z MR. BARNA~ SR.: If the Court please, this z Ill II. i is the first time I have---- 0 .... Cl z i MR. HORMELL: I was watching her while. Ol < ~ .,: you were looking here, isn't that right, Mrs. Sala? That'~: 0 it .... !!! whatyou told him? c ..1 < § MRS. SALA: · That 1s right. I'm very c :l ... :r 1:: proud of him, very. He's very truthful. "' vi 0: Ill Q .... 0: I'm showing you Exhibit "E", Charles. Did you write that letter? 0 II. Ill 0: A .... Yes, I did. II: :l 0 Q 0 ..I Now did you complain in there about your aunt having an attorney < 0 ii: ... take the car away from you? 0 A No~ but I stated---- Q What does the last paragraph state? A Would you like me to read it? Q Yes. A It says, 11 NG-w that you've hired an attorney to try to take my car, I can see exactly what your feelings are." It's only a short letter r'ha rl P.R Rala can I read the whole thing? Q Sure. Go right ahead. A "Even though you couldn't attend my graduation I felt your feeling < Q z < ~ A > Ol z ~ Q i e C)" z x Ol ~ .,.: ~ a: l-ID c ..r < § toward me were those of love. Now that you're hired an attorney to try to take my car1 I can see exactly what your feelings are." You didn't say a word in there about bonds, did you? No, because I didn't know at that time. That's alL (Witness excuse9). .· ~ MR. BARNA1 SR.: If the Court please, at the first hearin~ ~ 111 Mr. Hormell kept cross examining the witnesses as to how many ui a: Ill 1-a: 0 II. Ill a: 1-a: :I 0 u ..r o( u iL ,.. 0 times, particularly Mrs. Sala, how many times she went to the safe deposit box from the date of death until the Inheritanc·e Tax man, Mr. Tosi, appeared. Through making inventory, my son and I both went to see Mr. D~ugherty, the manager of the Mellon Bank in Donora yesterday. He had his girls check the !l:'ecords. He gave us a photostatic copy of the original entry, which was October 22, '69, with Mrs. Bernice Sala 's signature, and on the back is the signature, John J. Dougherty1 Manager, and Geraldir e F. Haluch. That's the employee. And a letter to us dated March I 213 ~---------.-.~ -~--~ I e o( z ~ ~· z Ill a. i e Cl z i 214 "Dear Attorney Barna: As you requested, we are fur- nishing you a photostat copy of Safe Deposit Box Access Slip to rented box of Antoni Wojnar, Box #169. This was the only entry into this box from the time of Mr. Wojnar's death, October 14, 1969, until October 27, 1969 when inventory was made of the box by Mr. Fred Tosi, Inheritance Tax Representative. This entry was made under our surveillance for Mr. ~ojnar's will only, whicll'ts permitted, under the safe d.eposit box laws. Signed John J. Dougherty, Manager." Ul ~ MR. HORMELL: Would you ask him also. Mr. Barna, to give ..: u it ... ... you the photostatic copy of the re;vers e side of the check that was Ul Q ... o( made to John Wojnar? 0 Q MR. :J ., BARNA, SR.: No, you didn't raise any question about that the :t t: 01 other ooy. ui 0:: Ill MR. HORMELL: ... 0:: 0 Wo~ld yo.i.l get that for me too please? a. Ill 0:: MR. BARNA, SR.: ... 0:: I'll ask him if he'll do it for me, certainly. :J 0 HORMELL: u MR. ... -All right. o( ij iL MR. BARNA, SR.: IL Any objections to this?· 0 MR. HORMELL: No. (Stenographer marks Estate's Exhibits three and four). MR. BARNA, SR.: We offe~lr in evidence Exhibits Number three and four, being the letter from John J. Dougherty, Manager of Mellon Bank to Paul N. Barna. dated March 19, 1971. And Exhibit four, which is a photostatic copy of both sides of the safe deposit acces:; 215 slip stamped October 22, 1969. If the Court please, some ques ion has been raised here about' getting all the records from the Mello . Bank concerning these checks and so on. Mr. Hormell did write to John Dougherty on July 28, 1970, In Re: Anthony Wojnar Estate. And he asked for a copy of the signature cardsJ photostat c copies of all withdrawal slips, photostat copies of all checks issu d <( z ~ ..1 to any partyJ ·and the proceeds of any withdrawalJ photostatic )o fl) c~"py of records of purchase of any savings aertificates or any otl er z z· Ill II. i 0 1-" securities from the proceeds, of any withdrawal 8iJ!ld the names o z x fl) ~ any of the following. And he lists Joe SalaJ Bernice Sala, ~ a: Charlotte SzerszenJ all the heirs; Stanley Szerszen, Jeannette 1-fl) Q e ..1 cc u Q :;) BuryJ Andy Bury,. John Wojnar, Helen WojnarJ Charles Sala, Carol Ann SalaJ "Debra Sala, Kenneth Sala. FiveJ a photostatic ., X ~ Ill copy of the ledger sheet or any and all accounts in the name of . . ai 0:: Ill 1-decedent. 0:: 0 II. Ill 0:: We then wrote a letter to Mr. Dougherty on 1-0:: :;) 0 u September 1J 1970, In Re: Estate of Anthony Wojnar. "Dear ..1 <( u ii: Mr. DoughertyJ I have been in contact with Oliver HormellJ II. 0 EsquireJ who, in his letter of July 28, 1970 J has requested copi€ s of various records pertaining to the above estate. Pursuant to my telephone discussion with youJ I am hereby requesting that copies of these records be made available to me. I will then see that Mr. Hormell receives copies of the same. Sincerely yoursJ Barna & Barna, By:' And then on the bottom we have the followin~: < z ~ -z ~ II. i g MR. " z x Ill ~ t ii: l-UI Q .J < ij Q :;:) '"I ~ lll ai 0: ~ 0: ~ Ill 0: ~ :;:) 8 MR. .J < ij ii: ... 0 216 "I hereby authorize copies of the requested information to be made available to the law firm of Barna & Barna by the Mellon National Bank and Trust Company~' Under the line, Bernice Sala, Executrix of ~he Estate of Antho1y Wojnar. So that we tried to comply with Mr. Hormell 1 s request. The bank didn~ think or we didn't think about getting the endorsement on the back of the checks, was t1e only thing that wasn 1 t provided us, and· we only gave him what we had. HORMELL: May it please the Court, prior to th s hearing, I thought perhaps it would not be necessary to have the endorsement, but we are faced with a direct conflict here with one witn~ss testifying that the check was voided,and then the bank, by putting the check throu~h, inferring that the check went through. Now with respec~ to that John Wojnar check, the only way we are going to know the truth is for me to see the back of that check. And .I again respectfully request that from Mr. Barna. BARNA, SR.: If the Court please, I think we have leaned over backwards in helping Mr. Hormell because we wanted to help the Court to come to the right decision in this case. And we are going to ask the bank to provid~ us with photostatic copies of the backs of those checks. We would also like to ask at this time whether or not Mr. Dougherty can give the Court a statement as to the procedure in withdrawal of money from the savings accoun1u and let him outline the procedure as followed by their L__ _________________________________ ------ r-----· bank and wastfollowed in this case. We can get that in a letter fDrm to save Mr. Dougherty a trip over here. If not, maybe we oug·h t to have a date set for a hearing and get Mr. Dougherty to come over here and testify to the procedure. We are willing to do anything to help the Court, although we feel it's Mr. Hormell 1 s duty; c( z I don 1 t feel he 1 s met his burden of the allegations. ~ ~ And I feel he 1 s the moving party and he should have had z z ~ subpoenas for anything else that he needed. But we are i e ~ still willing·to cooperate with the Court. z x ~ THE COURT: Are there any other witnesses to be ; t called? ~ ~MR. BARNA, SR.: No, Your Honor, we have no others • .I c( u THE COURT: Dq you have any witnesses, Mr. Horme~l? E ::1 ~ MR. HORMELL: 1=: No, sir. w ai THE COURT: The Court doesn't feel that we shoulj II: E ~ Ill II: ... II: ::1 0 u .I c( u ii: 1&. 0 have. a. continued hearing in this matter:: just to call a bank clerk or executive to determine what the customary procedures are at the relevant bank with respect to with- drawing monies or things of that nature. If Mr. Dougherty is going to comply with the other ~equest of counsel, perhaps counsel should agree that he could make a state- ment as to what the procedures have been in that bank. MR. HORMELL: Yes, Your Honor, I am perfectly willing to stipulate that if Mr. Dougherty would be called he could testify as to what the normal procedures would be. But I also say that that is in direct conflict with I 217 e 2.l.B the testimony as I understand it which came from the Executrix, Bernice Sala, who, with that statement, of course, I will stipulate to that. MR. BARNA, SR.: We want further than that. We want :! z ~ > Ill z z Ill n. i e MR. CJ z ~MR. ~ ~ ~ l-ID Q ~ TBE u 0 :I '"I :1: I:: N ui a: him to stipulate in connection with these checks which bear the number of each clerk on there as to who cashed the checks and who issued them. Weought to let him give s the full story of whatthe bank records show in connectio with these checks. HORMELL: .. That I won 1 t stipulate to. BARNA, .SR .. ,: Then you 1 d better subpoena them if you want them. You better subpoena him then if you want to get him in here. COURT: If there is no stipulation and couns l desires to place that in the record, then we will have t have another hearing. ~ MR. BARN A, SR. : a: 0 n. Thatts right. ~ MR. HORMELL: I don 1 t desire to place it in the ~ 0 0 .I c( u ii: ... 0 MR. THE record. Mr. Barna desires to place it in the record. All I want isfu~ photostats of the reverse sides of the,chec s, which show the endorsements. That 1 s all. Mr. Barna is the one that wants to show this procedure, not me. BARNA, SRI.: No. COURT: Was the bank official to bring here, according to the letter that Mr. Barna read, was he to bring in the various statements and papers that were mentioned in that letter? Is that what you intend to have him do? MR. BARNA, SR.: No, Your Honor. We intend him now, ~ z < > since he wants to see the endorsements on the back of th~ checks, let him bring the original checks or photostats of them, whatever he has in his bank in Donora, and let him tell us, testify as to what the various clerks 1 name~ are and what they mean. ~ THE COURT: I understand that, but I am speaking 01 z z Ill D. of the things that were mentioned in Mr. Hormellts letter i ~ originally, and then you read a letter stating that you z ~ would permit the bank to release these records to you an~ ~ ~ you would give copies of them to Mr. Hormell. Now wqat ~ ~ is going to happen in tqat situation? You never got thera, c _,. < 2 c ; MR ·~ . did you? BARNA~ SR.: Yes, we gave them what he has, but "' ui a: not the reverse sides, not the endorsements. Ill ~ THE COURT: 0 D. Ill a: .. a: :I 0 u ~ matters. MR. BARNA, SR.: No, I am speaking of these other The reverse sides of the checks. 2:1::9- u THE COURT: ii: We are not. talking about the check nJw.' II. 0 That just was broached here first here~li1 the testimony. I. am talking about the letter that was originally writte1 by Mr. Hormell, and he comp~P..ined at the last hearing th~t he didn 1 t get those things from the bank. Now where are we today? Did you get them? Did you give him copies? MR. BARNA, JR.: Your Honor, I sent Mr. Hormell the copies; his exhibits of all the checks is what the bank ------------------------------------------·------- ~ z ~ ..I >-Cil gave us and it 1 s the exact thing that the bank gave us. We made a photostat copy for our files and I forwarded it on to Mr. Hormell. Tlill COURT: Then he did get all of those. MR. HORHELL: Pardon me, sir. Tlill COURT: Were you making a remark? You did get the original things that you had requested in your letter. What didn 1t you get? ~HR. HORMELL: No. I wanted copies of the check's Ill II. i g Cl z i: Cll o( ~ Tlill ..: u it ... Cll Q ..I o( u and I wanted the reverse side of the check as well as the front side. COURT: The only one that you are speaking of now is this $1,000 check that was brought up in the testimony • 220 g HR. HORHELL: ., That 1 s the one that 1 s in issue, that s ~ w right. I 1d be satisfied with that. ui ffi Tlill ... a: 0 II. Ill a: ... ~MR. 0 u ~ Tlill u ii: ... 0 COURT: . · If you get the reverse side of that check you .will have what you want? HORHELL: Yes, sir. COURT: Then whatever argument you wish to make on that you can make that to the Court.It isn1 t necessary to take any further testimony on it. MR. HORMEL1: That is my opinion. Tlill COURT: Now the only thing we have then outs'de of that would be Hr. Barna 1 s request to have this gentlenan write out the procedure that is used at the bank when somebody makes this type of a withdrawal. You object· to that? MR. HORMELL: We are all familiar with that proced~re. We know what the bankrnrmally does. But I say that the record speaks for itself, and'that Bernice Sala, by her I testimony, testified that she signed a blank check and took it to the bank. There is a conflict with that te stitnony. THE COURT: Let 1 s not review her testimony. The r.ecord will speak for itself in that respect. ·All you are claiming here now is that her testimony is in the record and there is no necessity for a bank official to ' ·come here and tell us what the custom is at the bank. MR .HORMELL:' THE COURT: That 1 s right. Mr. Barna, I am going to have. to sustain Mr. Hormell 1 s objection there. We are not con- cerned with what the-custom is at this bank or any other bank. The testimony is in the record and that is for the Court and counsel to review and we can make up our minds what that testimony might mean. I don 1 t.think it 1 s relevant to bring in the custom at a particular bank. It wouldn1 t change or vary the law with respect to what is required in the matter of withdrawals and what is required in the matter of gifts. We are not concerned with what a bank might do. MR. BARNA, SR.: If the Court please, if that is the case, I 1 d like to put Bernice Sala on to ask a few questions about the procedure. He said on cross examination that the check was blank and we don 1 t know what she meant by ~-z < > ~ > m z z ~ ~ i 0 ~ ~ z x m < ~ ~ u ~ ~ ~ Q e ~ < u c ~ ~ % ~ N ~ ~ ~ ~ ~ 0 ~ ~ ~ ~ ~ ~ 0 u ~ < u ~ ~ 0 that. I think we have to develop that further while we 1 v~ got her here in Court, about the blank. THE COURT: We will permit you to call her, to recall her and to ask questions pertinent to that feature of the case; but not with respect to what the custom at the bank is. We are not concerned with the custom. If there be some question about what was actually done, we will permit her to be recalled. MRS. BERNICE SALA IS RECALLED. DIRECT EXAMINATION BY MR. BARNA, SR.: Q Mrs. Sala, on cross examillnation the other day, you made an affirmative answer when you were asked whether or not the check was blank when Mr. Wojnar signed it. Will you tell us exactly---I hand you the copy of the check for $7,000.00 stamped January 31, 1959---how did ,you---what happened in getting that money 6ut of the bank? A Well, my father told me that he wanted to withdraw $7,000 and he asked me to do this for him, to take his book down, which he gave me the bank book, and tell therr that he wanted to withdraw $7,000.00, which I did. Q So what did you do then? A So I took the book down, and the teller---I told them trat and the teller had this $7,000 written, and she gave me e Bernice SRlR this and said I would have to go back and have my father sign it before she could make the check out, which I did. Q At that time what did the teller fill in at that time? A Well, this, the account number, the passbook number, this Q " A z ~ Q .I >-en z z A Ill II. i e Q " z i: A en " == ti Q ~ 1-en Q .I :! A u Q =l Q ~ ~A !II a: Ill ~ Q 0 II. Ill a: ... a: :J 8 A .I " § Q ... ... 0 A Q amount, these numbers here. Is that the bank number or something? I don 1 t really know what those numbers are. And the date, what date? January_31, 1969. Was that done also the first trip or second trip? The first trip. And then you took that $7,000 check back to your father, is that right? Yes. Was everything filled in there except his signa~ure? Yes. We are talking about the withdrawal check for $7,000 dated January 31, 1969, are we not? Yes, we are. And the numbers you referred to are issued cc#0617933- 0617932-0617931-0617930. Is that right? That 1 s right. And the passbook number in the left lower corner, is tha~ right? A Yes. Q Now that was all on there. What did you do after you got that filled in by the bank clerk? 223 224 A Then I was told to take this home and have my father sig~ c( z ~ ~ z z bl II. i g 1!1 z x Ill ; Q A Q A ~ Q a:: .. Ill. Q ~ u c :I ., ~A N ~ Q ~ ~A Q, bl a:: ~ Q :I 0 ~A ~ u ~ Q 0 A Q A Q A Q A d!t. Did your father sign it? Yes, he did. Then what did you do? Then I took it back down and he told me how he wanted this made out into which checks, how he wanted this mone~ distributed. And I·was to make i~, after the money was withdrawn, I was to do what he asked me to do with it, which was to make these checks out into all the children s names. Then in this same exhibit on the same page I think you h~ve checks made for $2,000 to Charlotte Szerszen and Stanley Szerszen. Yes.· Jeannette Bury and Andrew Bury. Yes. What is the date on those checks? January 31, 1 69. Was the other check on the same date? January 31, 1 69. Who is that payable to? Bernice Sala and Joseph Sala. And the next one? January 31, 1969 to John Wojnar and Helen Wojnar. Was that transaction all completed on that day? Yes, sir. ~-------.-.------------------ 1 - -----------------------;.------------, i I A Q ·A e Q A < z < > ..1 >-VI z z Ill II. i 0 1-Cl z x Ill < == .,: u . a: 1-Q Ul 0 e .I < u 0 :I A "I ~ ~ Q Ill a: Ill ~ A 0 II. Ill ~ Q a: :I 8 A .I < § Q II. II. 0 e A Q A Q A Q Yes, sir. On the third page of this exhibit is a photostat of a withdrawal check dated August 1, 1969. That 1 s right. 225 Will you tell us the procedure used in getting that chec~? Well, again, he told me that he -wanted me to go down and withdraw $4,000 and he gave me the passbook and I took it down to the bank, told the clerk that I wanted---that my ·rather wanted me to withdraw $~,000, and she typed this out, the number of the passbook and the amount of the check; and thenagain I took it home andhad my father sign it . Before you get that far, there 1 s an amount of the balance in the upper left-hand corner. Yes. Is that typed also in, before your father--- Before it was taken out, yes. Pa·ssbook number on the lower left corner. Yes . All right. And it says what, pay to cashier 1 s check number 0619787, is that right? That 1 s right. $4,ooo. Yes, sir. Was that all filled in before you took it. up to your fat~er? Yes, sir. When you took it ~p to your father he signed it, is that right? That's right. And then what did you do? I took it back to the bank. Along side of your father 1 s signature is some initials. Is that the okay on it or comparison with the signature card, do you suppose? I have no idea what that would be. And thep you took the check up to your father, is that r.·ght? Yes. It had all this information on it? Yes. He signed it? Yes, sir. And then you did what? He signed it, I took·it back to the bank. This is the ch ck that he had given.my cmldren that we explained all that That 1 s what I'm talking about. And did you have the bank book on your second trip also? Yes, I did. Each time? Yes. On both occasions? Yes, I did. And then the bank issued this cashier's check to Bernice Sala and Joseph Sala, is that right? A That's right. o( z ~ "RP-rni0e Sala Q On 8-l-69? A Yes, sir. Q And then you---this cashier's check also has a stamp on A Q A it, Mellon Bank 65-10 is the clerk 1 s number, isn1 t it? I really don 1 t know that. It1 s stamped August 4, 169. Yes, sir. 227 ~ Q . ~ Does that indicate when it was brought back to the bank? z Ill A D. i ~ Q z :i: Ill o( ~ ~ A ii: .... !!! Q a .... o( A 6 E :J .., :t 1:: N ui a: Ill ... a: 0 D. Ill a: Q ... a: :I 0 u .... o( 6 A ii: ... 0 Q A Yes, that would be when it was brought back. And then is that when you then ordered that the money be--that the bonds be purchased with this money? Yes, sir. Did you give them the names of the children? Gave them all the information and the check was left the~e. And she said, you know, that she would do this; it was a lot of typing and I didn 1 t have to hang around and wait until she did it. I could pick it up anytime. Was that same system, did you do the same thing about that $1,000 check that your husband got for the automobjle? Yes, I did. Was that check filled in before your father signed it? Yes, it was, but when Mr. Hormell was asking me about tris writing, I kn.ew it wasn't mine and I couldn't imagine whose it was. But I did, I do know whose it was; it was the teller 1 s. Q So if the teller could type, they typed out the checks; if they didn1 t type, they wrote out the checks. ---------"' ---------"' ------------------------------~-----1 Bernice Sala A Yes. It was only a question of not knowing how to type. Q Now what did you mean the other day when Mr. Hormell asked you, you took a blank check and your father signed it and you said yes? A Really, that wasn't a check; that was a withdrawal. But 228 it wasntt blank because like I said, I couldn 1 t imagine when he was asking me if this was my writing. I knew it wasn't or my father 1_s, which I knew it isn 1t and it wasn t. Thfs is really what threw me off because I couldn't imag~ne whose it was. But it was the teller's and it was only because he couldn't type that he wrote it. Is that what threw you off then? Yes. Because I really couldn't answer whose writing it w~s. But your answer now, that all these withdrawal checks were made out and filled in by the bank before you took them up for your father to sign. Is that true? That's ·true. And I also had the passbook with-me. Each time? Each time. Those numbers on the checks are evidently cashier's chec~s on the withdrawal. On the $4,000 check it says Cashier's Check #0619787. Is that right? That's the purpose of this withdrawal, wasn 1 t it, to get a Cashier's Check? Yes. On the $7,000 check there were numbers, these numerals written under Mellon National Bank, Issued cc#0617933- 06179.T2 and so on. Then the 31 and the 30. And does tha~ ----------~~----------------------~B~Pr~'nLil~0.~~P~S~,~~l~~------------------------~-229 correspond with the cashier 1 s checks· that were issued on the withdrawal check, this 32, 31, 33 and 30? That 1 s tte numbers. A Yes. Q A ~ Q z ~ ,J ~ z ~ A D. i e 1!1 z ~ Q o( 3: ..: A u iii ~ Q ,J o( ij Q ; A ~ N ui 0: I!! 0: 0 D. ~ Q .. 0: :I 0 u ,J o( ij ii: II. 0 That's on the withdrawal check? Yes. And as I understand it, where did you get the bank book before you went to the bank? it My father handed it to me because he kept/in his own personal drawer. And you took the bank book with you twice each time? I did, yes . When you got through and delivered the checks what did ypu do with the bank book? I gave my father. ·the bank books, the checks and everythjlng he asked me to do. I handed it right to him everytime J went. Cross examine • CROSS EXAMINATION BY MR. HORMELL: Q So the reason you testified that you signed the blank withdrawal slip, which was later filled out by the bank is because I threw you off? A I would say that, sir, yes. Q On the check of January 31, 1969 for $7,000, with which A Q A Q ~ A z o( > ...1 >-01 z z Q Ill II. i 0 A .... C) z x Ill o( == .,: u it .... !!! a e ...1 o( § a ::J Q '"I % 1:: N ui a: Ill .... a: 0 II. Ill A a: .... a: ::J Q 0 u .J o( A 0 iL IL 0 Q A Q A Q A Q Mr. Barna has been dealing, where was your father when he signed that check? I 1m sorry, withdrawal slip. Right in the kitchen. In the kitchen? Yes. January 31, 1969? Are you sure of that? I'm trying to think because I don 1t know, because he.asl<ed me to do this while he was in the hospital . Are you sure you didn't have:bim,do it in the hospital? No, I'm sure of that because the reason I know, when we came home from the hospital is when I went down to the bank to ask about making these checks out into these names. And I brought this home and then is when he gave Mrs. Szerszen and myself our checks. As a matter of fact, you and Mrs. Szerszen were in the hospital visiting your father at Montefiore on January ~1, 1969, weren't you? We were there to bring him home. Right. And you did bring him home. Yes, indeed. And you brought him home that day, January 31, right? Yes. That's the date of this withdrawal slip. Right. Now where did he sign this withdrawal slip? In our kitchen. In the presence of Mrs. Szerszen? 230 $ z < > ..1 > Ul z z Ill Q, i 0 ... Ill z i Ul < == .,: u ii: ... Ul Ci ..1 < § Q :I "'I :z: 1:: til ai u: Ill ... u: 0 Q, Ill u: ... a: :I 0 u ..1 < ij iL ~ 231 A Yes, indeed. And she even made the remark that she saw him writing something but she didn 1 t know what it was. Q A Q A Q A Q A And she was so surprised when he gave her this money. And I could swear that because I brought the paper home, he was sitting· in the chair that he always sits, he signed this paper, and first of all, he said, "Did you dp what I asked you to do?" And I did. I took this paper back to the bank while she was home with him. And I brought---had him, you know, the checks made out and I brough~ them home and he was sitting at the table. And he took this out and he says to her, "Here, here is your money." And she says, "Gee " ' she was surprised. And she even said to me, she says, "Gee, I never expected that." She says, "I didn 1 t even know what you were doing because I saw you writing something there, father was writing," she said, "But I didn 1 t know what he was doing, and I 1m really surprised." And she made that remark riglht in my kitchen and I can remember that. Your father was writing something. What was he writing on? Sfgning the withdrawal paper. Had the withdrawal paper already been made out? Well, yes, because---- That was January 31. That was the day he came home from the hospital. When did you get the withdrawal paper? I could have gotten that a couple days before, I don 1 t know. I really don 1 t know. e e e "' z "' > ... ·~ z Q Yes, but it was dated January 31. A Well, then, when I came home from the hospital I went to the bank. Q What<:is the date on there? A January 31, yes. 232 Q That's the date that this is purported to have been sign~d by::y:our father, isn 1 t it? A Yes, sir . ~ Q II. And now you are teililing me you could have got this with- i 0 ... 0 z i ID < 3: d A drawal slip before that date? Okay, wa_it. ti Q Is that true? i ... ID i:i ... "' u i:i :I "" :E ~ N ui II: Ill ... II: 0 II. Ill II: ... II: :I 0 u ... "' u iL IL 0 A Q A Q A Q No. All right, here is January 31. We brought my father home from the hospital, okay? So he had already told me at the hospital what he wanted to do and would I do this for him. we' talk~d about this. So he. sent me down with his book and everything, all right, to do this, to bring the withdrawal slip home. Is this the withdrawal slip? Yes, that's the withdrawal slip. All right. So I'm down there to withdraw $7,000. But you were in the hospital. No, I wasn't. Just a moment. You were in the hospital that day with your sister Charlotte bringing JDUr father home. A Yes. Q How are you going to be at the bank and the hospital the <( z ~ .J >-CQ z z ld II. i 0 ... C) z x CQ < ;: ~ u i ... Ul Q .J o( u Q :I "I :1: ~ 01 ai II: ld ... II: 0 same time? A Can 1 t I come home at 2:00 o 1 clock and do this? Q All right. Now mhat 1 s what I want to ~now. When did you go down to the bank? A Q A Q A Q A Q A Q A As soon as I came home from the hospital. Now you testified that your sister Charlotte saw your father signing some papers. Right. What papers was he signing? This withdrawal slip. And you took this down to the bank? Right. And you got the money and brought it back . No, I didn't get the money. checks.that he asked me to do. I had that made into the You got the checks and brought it back. Right. i Q .Now you testified andyour husband testified that the procedure followed was that these withdrawal slips were made up by the bank, brought back, you got your father to sign them, then you took them to the bank. Now you 1 re ... II: :I 0 u .I <( u ii: ... 0 testifying that you filled out the withdrawal slip and took it to the bank. Which is it? A This is not my writing here and this is not my writlng. Q That writing was put in there after your father signed it, wasn 1 t it? A How could it be? o( z o( > .I >-., z z bl D. i 0 .. C) z 2: ., o( :: .,: 0 ii: .. ., Q .I o( u Q :I .., :1:' ~ N ui 0: Ill .. 0: 0 D. Ill 0: .. 0: :I 0 0 .I o( u ii: ... 0 Q That 1 s what I 1m asking you. A You 1 re trying to mix me up, and really, they wouldn't Q A Q A Q A Q A Q A Q A wLthdrqw---they wouldn't give me blank,on just my say-so. I could never take my father's book down and say I want to withdraw so much money and that would be it. They'd never do that. They 1 d never permit that. I cbuld say any amount I want. That is precisely the point. What is the date on this? .January 31, ili969. That 1 s the day you took it to the bank? Right. And that 1 s the day that the bank honored this withdrawal slip, is that right? Yes. And you had to take i:b to the.bank after 2:30. No. I took it to the bank when I came home. I didn't specify that time I came home. What time did you come home? I don 1 t remember. Do you have any idea? Mrs. Szerszen 'was there. Does she remember what time we came home? Q We 111 see about that. Do you have any idea the time you came home? A Let me see, I would say---I would suppose he wouldn't be discharged until 11 or 12. I would say approx'imatel. two. Yes, I really--approx~mately 2:00 o 1 clock I would· ay. e :! z ~ .I· )o Q It was on January 31, 1969? A Yes. Q Approximately two? A Approximately. I really didn 1 t check all these dates a d times and things. Q That 1 s all. CD z z ~ REm.IRECT EXAMINATION BY MR. BARNA, SR.: i Q If I told you that January 31, 1969 was a Friday, would 0 1-C) z that make any difference about the banking hours? Do x CD c ~ ~ you know how late they are open on Friday? ~ CD c A They 1 re open until 8 on Fridays. .I o( ij c Q Eight otclock on Fridays? :I "I A ~ Yes. N ai Q a: ld I-ll: • 0 11. ld 0: I-ll: :I Okay, that 1 s all. 8 RECROSS EXAMINATION BY MR. HORMELL: .I c § Q IL IL 0 Mrs. Sala, what time did you go to Pittsburgh to pick up your father? A Oh, gee, what time did I get there or what time did I leave? Q What time did you leave home? A To be truthful, I would be saying about nine. Q Nine o 1 clock? A Yes, sir. 23.5 e e o( z ~ ~· z z Ill II. i Q What time does the bank open? A The bank opens at nine. Q That's all. MR. BARNA, SR.: That 1 s ·.t:..all we have. (Witness excused). MR. HORMELL: Mrs. Charlotte Szerszen. e CHARLOTTE SZERSZEN IS RECALLED. " z ~ DIRECT EXAMINATION BY MR. HORMELL: o( == .: .~ Q a: ... Ul c ... o( A 0 c ~ Q ~ ~ A Ill a:- 1!! a: 0 . II. Ill Q a: .... a: :I 0 A u ... § Q b. b. 0 A Q A Q A Q Mrs. Szerszen, did you go to the hospital with your sister on January 31, 1969 to bring your father home? Yes, I did. What time did you leave her home? Well, she picked me up. We must have left about 10:00 o'clock. Ten A. M.? Yes. And did you go directly to Pittsburgh? Yes, we did. lrJhat time was your rather discharged? It was after one. What time did you get back home? About 2:30. When you got back home, what, if anything happened with respect to these checks we are talking about? ~ z c( > .I >-II) z z Ill II. i 0 1-(!) z x II) c( 3: .= !:1 II: 1-II) !l e .I c( 0 0 :J ., J: ~ til ui II: bl 1-II: 0 II. Ill II: 1-a: :J 0 u ... c( 0 ii: II. 0- Charlott~~Szerszen A I was sitting at the table with my dad. Bernice went in the diningroom in the china cupboard, brought out the ba~k book and the checks and handed it to my father. In the car coming home from Pittsburgh the conversation was, "Did you do what I asked you to do?" She says, "Yes." So we got home, she went into the diningroom, brought oujt the bank book and the checks. And I was sitting there, my father handed me this check, which I really was glad and surprised, I didn't know. Then after I thought that's probably what pe was referring to, what she was supposed to have done forhim. Bernice, my dad and I were the only ones in the kitchen when she handed me my check . Q Did Bernice ever leave the home after you brought your father home to go to the bank to get the checks? , A Not to my" knowledge. She was cooking suup • Q The only time she could have gone for those checks was before you went into the hospital on January 31, if that is correct, if thoss dates are correct. A Yes. They were in the house and she even cashed his other checks and she handed hillm the money in cash, what- ever cash there was, I don 1 t know. That was his pens ior checks, and he says, ''Here, you can have it." And she says she diln 1 t want it, but he says, "Well, instead of asking me for a dollar, keep it all. What the hell do I need it now for?" He handed her cash. 23:L :! z < > .... >-Gl z z Ill Q. i 0 ... ., z x en < ~ ~ a:: ... " !!! -Q e .... < 0 ii :J "'I X 1:: N ai a:: Ill ... a:: 0 Q. Ill a:: ... a:: :J 0 u .... < 0 ii: ~ 0 CROSS EXAMINATION BY MR. BARNA, SR.: Q Wait a m±.nute. How long did you st9:y there that night? A I stayed there---my husband came from work, we stayed until late in the evening. Q About what time did you leave? A I dontt think it was before 9:30 or 10:00 o 1 clock. Q What time does your husband get off work? A Four o 1 clock. He 1s in Monessen. Q He quits'at 4:00 otclock? A Yes . 238 Q A But it would be 4:30 until he got to Donora, is that it? Oh, no. He had to change clothes. He got there about 5:PO o 1 elock or 5:30. Q A Q A Q A Q A Q Did you go to Bernice's house in the morning or did Bernice pick you up at y:mr house before you went to the hospital? She picked me up. How long did it take you to drive from Pittsburgh to Donora? I don 1 t know. Pardon me? . I said I wouldn't have any idea. You have no idea? Approxrrmately an hour. And you got your check then some time before you went home, is that right? A Yes. In the afternoon. Q Pardon mei ,--------------..-------------------------------------- - Charlotte Szerszen 239 A Between 2:30 and 3:00 o 1 clock I had my check in my hands. Q You 1 re not sure of that, are you, the exact hours? A The kids weren 1. t home. I got my check before the kids came home from school. Did Bernice go out to ehe store to get any food for the evening meal? Not to my knowledge. Did you eat your meal there that night? Yes. She had soup. And your husband also? I don 1 t know if he· ate at home or if he ate there. You don 1 t know? No. Did you only have soup to eat or don 1 t you know what yo~ had to eat that day? No, I don 1 t know what all we had to eat. And you don 1 t know whether she went out and bought food to serve for dinner that night? She was in the house. But she wasn 1 t in the house every minute of the time, was she, while you were there? She was there while I was there. All right. Then she left you in charge with her father if she went out anyplace, didn1 t ·she? A She didn 1 t leave me in charge with my dad. She never did ask us tD stay with him. Q On many occasions when you came over to see your father A did not she leave you in charge of her father while she made her errands and trips to go shopping and such? When you came tt.here my father was always there, but nobody was notified when to come or what. I wentto visii my father. And there was many a time he was left all by himself. I found him hemorrhaging too. Now will you answer my question? Many a time when you cc: me to visit your father Bernice would leave you with your father and she 1d go out and do her shopping and other errands, did she not? What does that have to do with this? Just answer the question1 When I came she wasn 1 t home most of thetimes. So she wasn 1 t home with her father all the time, is that- right? I don 1 t know. Well, you ought to know. You were there, weren 1 t you? When I was there I knew what was going on, but if I wasr 1 t there how would I know? I 1 m only asking when you were there did Bernice leave yc~ with her father and go out and either go and get the 240 children at school or do her shopping or any other errards? MR. HORMELL: When, Mr. Barna? Anytime during the summer of 169, did that ever happen? MR. HORMELL: May it please the Court, the only date that is in issue is January 31, 1 69, not at any time. e ~ z c( > .J > en z I z Ill II. i 0 1- I 1!1 z x en c( 3::: ..: 0 a: 1-en Q e .J c( 2 Q ::J .., :z: t:. N IIi 0: Ill 1-0: 0 II. Ill 0: 1-0: ::J 0 0 .J c( ij ii: 1&. 0 e GhRrlotte S7.eT's7.en THE COURT: The objection is sus- tained; exception noted. Q I'm testing her credibility. Who else got their checks at the time you got your check? A Q A Q A Q A Q A Q . A Q Nobody. He hapd~d me and Bernice one. He gave yours and Bernice 1 s the same time? Yes. So there was somebody else got their checks besides you, you and Bernice. Yes. You did hear your father say in the car, asking Bernice if she did what he told her to, is that right? Yes. And she said she had paid his car insurance and he says, "What the hell---11 In January? In January. And he says·, "What did you get the car and pay the car insurance for when I 1m not going to drive the car?" And she said, "Somebody will be driving anyhow," soc she paid the insurance. What else did he ask her? If anything is new in town . ·Didn1 t you say, on direct examination, that did you do what I told you to? Did he use those words? A What? 24-1 Q On direct examination, I thought I heard you say that ycur father asked Bernice in the car, "Did you do what I tole; you to do?" ----------~~------------------------~C~~b~~.?~O'~~,C~!?~'O~n----------------------~-~2~4.2~ A Yes, but I didn't know what he was referring to. Q Are you claiming now that this $7,000 was withdrawn improperly from the bank? MR. HOIMELL: Objection. THE COURT: The objection is sustained; exception noted. ~ Q That 1 s all. ~ ..1 )o en z z Ill IL i ~ REDIRECT EXAMINATION BY MR. HORMELL: z ~ Q When your father asked your sister, did she do what he ~ ai A It: Ill li: Q 0 IL Ill It: li: :I 0 u wanted her to do, were you on the way home from Pittsbur~h? In the car. After you got home, did your sister leave the home at any time before you and she got your check? No, That's all. ..1 c 0 MR. BARNA, SR.: iL If the Court please, to supplement ... 0 Mrs. Sala 1 s testimony about the furniture, we have prepa~ed here an Inventory and Appraisement of the articles of furniture which she said were in the house that belonged to her father and we 1 d like to file this supplemental Inventory and Appraisement at this time so that the Court won't have to rule upon that question. I don't know if counsel has any objections or not. MR. HORMELL: I object. Thatts one of the bases of my objections to the account, improper inventory. THE COURT: If counsel wishes to file a supple- MR. THE MR. MR. THE mental Inventory, that may properly be done; but it is r:ot a proper part of this case. We will not permit it in this case. BARNA, SR.: Okay. COURT: I understand that there is no furthew testimony? BARNA, SR.: No, Your Honor. HORMELL: That 1s right, Your H0 nor. COURT: The testimony is closed. But prior to that, we note that both counsel have made motions to receive certain exhibits of theirs in evidence, and the Court did not rule on those motions during the trial. We will now receive in evidence all the exhibits that were offered by both counsel. And the testimony is close Mr. Barna will make available to Mr. Hormell the check that we have been referring to in the testimony, so that counsel may inspect the check and make whatever argument counsel wishes to the Court;after they make an inspection of the check, Mr. Hormell will permit counsel to inspect the check and then return it to counsel. MR . BARN A, SR . : Are you talking about the $1,000.00 check to Mr. Wojnar? THE COURT: That 1 s the check we are referring to. 244 All right. That will be all. We will adjourn. (Proceedings Closed-3:55P.M.) ***************************** <( z <( > .I >-Ul z z bl D. i 0 Stenographer's Certificate 1-" z i: Ul <( := .. I hereby certt&y that the proceedings and evidence are cc.ontained .,: 0 it fully and accurately in the notes taken by me on the hearing of the above 1-Ul jj • .I < 0 jj :J ., !1: ~ cause, and that this copy is a correct transcript of the same . Q- Ill oi a: bl 1-a: 0 D. Transcript c;ompleted -April 19, bl a: ... a: :J 0 0 .I The foregoing record of the proceedings upon the hearing of the <( 0 ii: II. above cause is hereby approved and directed to be filed. 0 e J. ' ' I . '· -- - ..... •1_3 _-· ·~.~~· ~·-·_1_~-- ,J ,,_ 'j • -J ~ 0 _,_;. 0-'"' ... : ..J !._.: L • J j-4 r .... J".i..J I w.· L u ... • 1', .. '-'-j· ,·f:"c lV· 1_' I JG .. ~ I . '