The URL can be used to link to this page

Home My WebLink AboutOC1969-1387 - ESTATE OF KARAVOLASJ ~n t4e <trnm nf <trnmmnn 'lens nf IInstpngtnn <trnunty, '~nnsylunnin,(@rp4nns'<trnurt iiuisinn ESTATE OF No.63-69-1387 Angelos Karavolas, Deceased. In the matter of the First and Final Account of Peter Script, Executor ADJUDI1ATION AND DECREE And now March 2.---,19~,this matter came on for hearing, aucit and distriJution at this session and testimony taken;and thereupon,upon due cons ideration theaeof of the balance for distribution in the hands of the Accountant is determined to be $3,567 .80 and the account is accordingly confirmed;and it is ordered, adjudged and oecreed 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 ~..:z.8;11/3 f!17-00 _7,S\> ~-o ~~CJ~<!..-, h-]C-/ ,$3,567.80Balanceperaccount Balarce $3,567.80 \Deduct Clerk's Costs &Receipts 17.00 Attonney Murphy &France $3,550.80 "uss~ll Marim,Clerk O.C.,costs filing opinion $5.00 ~ Filin~costs and bond on appeal 2.50 7.50 $3,543.30 ussell IlIIarino,Agent,transfer inheritance tax,$460.17 lllterEst from 3-9-71 to 3-19-73,56.0C 516.17 $3,027.13 :.Sr;yridon G:,eek Orthodox Churchof Monessen,legacy 500.00 p~ $.2,527.13 _ora Koussonbus,legacy,500.00 $2,027.13 eter 3cript,r:;sidue,cash,2027.13P F E I s c:::-,;~2i:: .O>-! 0 ~ -i'\~ !Xl :J Z n 9...0 ...=.0 c:::r at :J ·CD t=I -+ ~. 0 0 3 t'\ ......-i'\0... a ...CD.., S· 0 := -i'\...::rCD ~& s~ti~~ ~,•.• L •-. l\ffibuutt (@f tExrrutnr (@r l\~mtutatrutnr ~tute nf 'ennsyluuniu t (tnumy nf lIus4ingtnn $ss: Personally before me,the undersigned authority,a ..~9.t.~;J;'.Y..iP.~p.1Jf:...__.~..in and for said County and State,appeared ..Pe.te.r S.cx:ip .._._who,being duly sworn according to law,depo'ses and says that he is the executor or administrator of the es- tate of .l:\D.g~.lg !5.~~?!Y.9.J..~§i _de~eased,that the foregoing schedules constitute a complete inventory and appraisement of the real and personal estate of ..l.:\ng~J.g...!5.~~?!.Y.9.J..~§i, c.eceased,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 l:ndersigned to be the fair value of said items as of the date of the decedent's death,based upon a Just appraisement of each item made by the above name~,"uto:r Adm~rator. ...~:;O;;!i;,~,db';:7q"':t~,d.Jdl.d}~~io~~ .:·_"..··~fl~M%{p~ot'arY·pubyiC ... ,-cl\~~rof'Vla~~'logton County,Penna.AD ITIONAL INSTRUCTIONS -filly Commissilj~I'Exl';res Ma,r.cb 28 1.972 • •-• '~l."Andrtveptpry must be filed WIthm three months after appomtment of personal representative. .~.''A 'supplemental inventory.must be filed within thirty days of diacovery of additional assets.' E.,1 Or-igi..nal'and 2 Copies and 2 RCRI-34,Under $10,000;1 Origin~l and 2 Copies and 2 RCRI-33, ,0ve-r'$10,000,including Copy of Will;1 Original and 3 Copies am 2 RCRI-33,Over $50,000,in- _'eluding Copy of Will and copy of Federal Estate Tax Return. •''.REFERENCE FOR ADDITIONAL COE'y Act of 1947 P.L.513 Sec.5.2,72 P.S.4&14.2 3Jnuentnry uub Appraisement ,of the goods and c'9attels,rights and credits which vere of A.n.9.~.:L.9..,.~~~.~.y9J.~,~.,..,late of S.t.9.G.~.c;:l~J~.,. J Washin~ton CoUnty,Pa.,taken and made in conformity with the abQVe af!icwvit. Cas~:Mel10n National Bank and Trust €ompany, Chac1=roi 1 Office,Savings Account u.S •.Coupon Bond Miscellaneous Cash DOLLARS $4,093 00 842 00 326 00 $5,261 00 CENTS ,. ,",t r " :1':' -'~ .,,......".... .'.'~..~.~.~.: ~. .'- STATE OF PENNSYLVANIA, WASHINGTON COUNTY,~$5: The within named Accountant being duly sworn according to law,deposeS and say S that the above Qcc::>unt as stated is true and correct as.._he verily believe.. Sworn and subscribed before me this_..ded..ad... day of ~I:!.e 19 7.0 . "~d~~.(5?,:.9'l.~(f'.-p.t,.'\."~ ,.EILEEN R,MU,RPHV,Notary Public Char:eroi.Washingtl)n County;·P1lnna,·. My C!lIn\l1issioR Expire's March 28.197? '".t· &'~'.Ayf __-../"'~.V '._.._._--oo....._.oo. '..War~hi,!"gt0n~County,ss: ""000 I do certify that I have given legal nc.tice'to all'per-;ons concerned of the filing of the within accmmt in the.manner prescribed by Statute and Rule of Court,as Evidenced by proofs thereof filed to No,.b.3:-:..70.3.7.Q , W"h d d ff',"1,I h'3/(db.Imess my an an 0 ICla 'sea tiS _ . ~o····················~M···..········--···19 I-..•..~..71~~---..... o •R~gi~·t~·~--~f--\.ji·I:-~·..· ~.1:il' J'':' -"'~'ft..r:r:-O.....Ii.:rr- ;fJ b...i;l-.IJ ~~~ ~~ ~~ ~~ Q 0: o.....o ~~o o'0i8,0..,M l"ril i't:l,i=Iittl,... Q)...,en'bJ>, Q)~ :s::i:9.., -cd:El....~...: ........::loo Q) oS Q)~:Sgo -g\'i- <11 .,.;,..; 1\2 '-!r'rJ'if 1 "l J;i';,l ,..."" nrfd,l,!'"'"'1.•.•-70 nus:Sf:T t.rW4WIiN;@) ffiEGISffUR;0'fF W'Jlll !L.S r~~AS Hi.~~;~;·~'::N GO:."filA".. \-li'o!+J:'::;j! U:w:xi rLli..OJ'.-1,\-l:u1(/)\ \-l!w:+J:wi Al! ..., i=I::lo'-''-'<11 .....o (/)!ji 0::>!~i~i oi ...::IirLl:t!), Zi~: r;:.o ril Eo<<11Eo< Ulril .~~~:~~~1 ~--+ ~\fD!'~ ,1~'~ I:<v) io:z / ,~, ~ '\ 'f';...."._J ,...-..~ oW ...:t.i _~,... ... '\ " "Ct ) V / ;;,;.' <.-.:. The Court is respectfu Ily requested to determine proper distripution in this es t. IJ I~·THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSY~NIA ORPHANS'COURT DIVISION IN R3:ESTATE OF ANGELO KARAVOLAS :NO _.. THE FIRST AND FINAL ACCOUNT OF PETER SCRIP EXECUTOR TOTAL PERSONALTY LESS DEBTS AND DEDUCTIONS BALA~E FOR DISTRIBUTION $5,261.00 $1,693.20 $3,567.80 uth~3ckert Funeral Expense Register of Wills Administration Expense Murphy and France Counsel Fees Washington County Reports Estate Notice Observer Reporter Estate Notic~ John G.Shively,M.D.Medical Consultation Allegheny General Hosp.Last Illness Dr.Murphy Medical Expense West Penn Power Last electric bill :.......-./-~ John 3uzzie .- DEBTS AND DEDUCTIONS Trash removal $1,270~00 16.00 260.00 14.00 14.00 48.00 3.20 35.00 8.00 25.00 Total Debts and Deductions $1,693.20 ~~ \t.. "j~."o:t.-, Observer -Reporter~J WASHINGTON,PENNSYLVANIA PROOF OF PUBLICATION '.' ~ , Sworn to and In compliance with the News,paper Advertising Act of 16 May,1929, P.L.1784,as amended. Commonwealth of Pennsylvania,County of Washington,S5:. Personally appear,ed before moe,a Notary Public in and for said County and State,Ri.c.b.a.~4.~..'!C.QW~~: ,who being duly sworn according to law,deposes and says thll;t he is the .Se.cr.etary .. of the Obs'erver Publishing Company,a Pennsylvania corporation,and its agent in this behalf;that th,e said Company is.the owner and publisher of the Observer-Reporter,succ'essor to The Washington Observer,established September 18,1871,and The Washington Reporter,'established August 15, 1808,a daily newspap'e,r of general circulation,printed and publis,hed and having its place of busines's at Washington,Washington County,Pennsyl- vania,where it or its predecessors have been established and published continuous'1y for more than six months'prior to the publication of the notice hereto attached;that the printed notice or advertisement hereto attached is a <lOpy of an official advertisement,official notice,legal notice or legal advertisement,exactly as printed or published in the Ob£!erver-Reporter in ~~~...~~:~~~..~:.i.~~.~.~~~;~J~~.~(*~:'..~~~..~~.~~:~~.~:!.::::~:!.?~:::::::::::::::::::::: that neithe'r tIre affiant nor the Observer Publishing Company is interested in the subject matter of said notice or advertising and that all of the allega- tiOD$of this affidavit as to the time,~Cej and characte'r of p)lU)cation are tme.I'f..~'w/~"7- .................................................................fJ..~~ ..26 Januvry1,70subscnbedbeforemetlllsdayof..~~~~~. MArlMIU.1 M.I:l~AllLEY,NOTARY PUBLIC WASHINGTON,WASHINGTON COUNTY MY COMMISSION EXPIRES MAY 6,1972 ESTATE'iNOTICE ~..ESTATE OF ANGE~OS'KARAVO~ LAS deceased 'latl;~:of ,StOckdale.Borough.,..•."+'~. ..Letters testamentary.il.;upon theaboveestatehavillg.beenygranted to,the undersigned,aU'personSllhavingclaimsagainstthe'estate-are re-,quested to"makeJkno.wn the same .to the undersign~lor'\his attorney and all perso.ns'in.del)te<!jto the dec.edent arei>requestedlt<>lmake .pay. ment .to'tbe undetSf ed Without'delay.',It..I Peter Scrip .j.461 .Bow Street'r Stockdale,Pennsylvania I'Murphy and France ,Attorney,.I. 308 Fallowfleld Avenue , . Charleroi;PennSYlvania 15022 .I 70S-Mon.3.;!J ........r- \~.. (;-' lVas~on County Reports Washington,Pennsylvania (PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION) PROOF OF PUBLICATION In compliance with the Newspaper Advertising Act of May 16,1929, P.L.1784 Sec.3,paragraphs (3)and (25). COUNTY OF WASHINGTON}SS STATE OF PENNSYLVANIA • C.-,.;".:·;Personally appeared before me,a Notary Public in and for said County '..~.",:ii1~1;Commonwealt.h,CH~LES C.KELLER,who,being duly sworn,deposes -,·.r,and·,:~ays:that he IS the EdItor of the WASHINGTON COUNTY REPORTS, ',,"the"'oificill'1 legal periodical for said Washing.ton County,published weekly hav,jng?irs place of business at Washington,V,Tashington County,Pennsylvania,!lAMi$~a~ing as its agent in this behalf;that the said WASHINGTONCO~y.,J{EPORTSwas established on March 31,1920,and was designated as th'e\offi¢iilliegal publication for Washington County,Pennsylvania,by order of thecseV~ral courts of said County,dated November 11,1920;that the printed notiee'or advertisement attached hereto is a copy of a notice or advertisement, exactly 'as printed or published,which appeared in the said legal periodical in its regular issues on the following dates: .........~.~.~.~.ry :?-:.?l!??p.??.?.:?-:.?..?.9.. ~) ..,'Estate Notices The Register of WiJIs has granted letters,testamentary or of administration, in the following estates.Notice is hereby given to all persons indebted thereto to make payment without delay and to those having claims or demands to present them for settlement to the Executors or Administrators or their Attorneys. ••••• • • • • • • • • •••• KARAVOLAS,ANGELOS,Dec'd.",,•Late of Stockdale Borough,Washing-ton County,Penna:'. .Executor:Peter Scrip,461 Bow Street.Stockdale,Penna...'•"., ;.-Attorneys:Murphy.and France,·308FallowfieldAvenue,Charleroi,Penna.15022 '... , ~., ,;.3.c that the affiant or the corpora,tion in behalf of which he is acting is not interested in the subject mattert]fa~'dotice or advertisrf?'d that,all oS theallegationsofthisaffidavitasto"placelJd chara r thet'UUhlfcat:Ulnaretrue._G _, .............---Sworn to and,subscrIbed before me tliis .......~~.H:.h..day of J..~muu:y.,19 19....J -I -,- ..........L~..e.,..21~... Notary Public KAtHERINE ~.""'Cl;lQ~~~I~ntll,1'J P,1J~!lqW.-hlngtol!;,.,Washl.ftgtOll <:G.,P.. My C,/I~lIilss'tii~!xprl'8$"NO'8mlt~1.1t73 ....~_';,i.'";',,~;\"~..\,',,:- .-::... ~........;' .' .... IN THE COURT OF COMMON PIE AS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION NJ.63-69-1387 ~ .. IN RE: THE ESTATE OF ANGELOS KARAVOLAS,Deceased. NOTICE OF APPEAL .,I ~ 729 WASHINGTON TRUST BUILDING /7 "WACl::;N.~ON.p,ENNSYLVA.NIJY~.5301 .,I.U'::LL.J~~"-<"-;~I-'/': j :;>,'-!_;;.~LV 9 7 ,~-.-.:1 r....., ,....., t..J '\) -J \ -{~if~.,}J:-:--~'(~t\:-;....c=.. ~.u·'-:.'-;.~~.;:::r~ t-. - ~l •-::: --)'~..(".... ....--I _ :-:l ._ C>-7~' ,~;::::;: 'Q ~l'~.~~o ~....).~'"'"'""J~A"-~,~~ l ~~~~ {--r "U~~~d~iANFORD S.FINDER ATTORNEY AT LAW ~':-'.. l' .."" It ~ IN THE.COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION [N RE: THE ESTATE OF ANGELOS KARAVOLAS,Deceased. TO:THE REGISTER OF WILLS ,) ) )NO.63~69-l387 ) ) NOTICE OF APPEAL ;:',. Please take notice that SAM KARAVOLAS does hereby file his appeal from the decree of the Register of Wills which admitted to probate the purport Will cf the decedent,Angelos Karavolas,dated October 6,1969. 1.' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: THE ESTATE OF ANGELOS KARAVOLAS,Deceased. ) ) ) ) ) NO.63-69-1387 PETITION FOR APPEAL FROM DECREE OF REGISTER OF WILLS TO THE HONORABLE,THE JUDGES OF THE SAID COURT: The Petition of SAM KARAVOLAS,by his Attorney,SANFORD S.FINDER, ESQ.,respectfully represents as follows: -1- That your petitioner is Sam Karavolas,who is an individual and who resides at Stockdale,Washington County,Pennsylvania. -2- That your petitioner is a party agreed by the probate of the Will of his late:'brother,Angelos Karavolas,for himself and for all other lawful heirs of the decedent. -3- On December 9,1969,Angelos Karavolas,the brother of your petitioner,died testate at Stockdale,Washington County,Pennsylvania. -4- At the time of his death,the said decedent was residing with tE petitioner and his wife in Stockdale,Washington County,Pennsylvania. -5- On December 23,1969 , a writing dated October 6,1969, alleged to be the Last.Will and Testament of the decedent was admitted to probate as such Last Will and Testament by the Register of Wills of Washington County,Penns~lvania,and Letters Test,amentary were granted thereon to Pete Scrip,the Mayor of Stockdale.A copy of the alleged Will is attached hereto, made.,'a part hereof,and marked Exhibit "A". -6- The party in interest under the alleged Will is Pete Scrip of Stockdale,Washington County,Pennsylvania,who was not related in any way to the decedent. -7- The said Pete Scrip is a substantial legatee under said Will and he waE appointed Executor therein. ,..8- \Th~decedent had executed wiils prior to the instant alleged Will \ and ir ~aid prior Wills he had bequeathed his estate to his direct relatives. ..-9- The writing admitted to probate as the Last Will and Testament of the decedent was not the list Will of the decedent and the said Will was invali for the reason that undue influence was exercised upon the decedent at or about the t:me of the execution of the Will,and that the decedent was unable to read or wr:te because of physical and mental infirmity,and further,that he could not sFeak as a consequence of an operation upon his larynx. -10- The said Will is invalid for the additional reason that at the time of it;execution and for sometime prior thereto and subsequent thereto,the deced~nt was not of sufficient testamentary capacity to execute a Will. -11- The petitioner requests your Honorable Court pursuant to the Register of Wills Act of June 28,1951,P.L.638,to award a citation directed to Pete Scrip to show cause why the appeal of the petitioner should not be sustained and the Decree of the Register of Wills set aside and an issue directed to try before a Jury the following issues: (a)Whether the Will of the decedent was the product of undue influence; (b)Whether the decedent had sufficient testamentary capacity to execute the said Will. COMMO:~EALTH OF PENNSYLVANIA mUNT":OF WASHINGTON ) )SSe ) Personally appeared before me,the undersigned authority,SAM KARAVOLAS,who,being duly sworn according to law,deposes and says that the facts set forth in the foregoing Petition for Appeal from Decree of Register of WiLls are true and correct to the best of his knowledge,information and belief. ~/0r~ Sam Karavolas Sworr to and subscribed ,1970. ALICE L MILLER Notary Public.Washington.Washington Qa. My Commission Expires March 20.1972 I,ANGELOS KARAVOLAS,of the Borough of Stockdale, Wa3hington Co~nty,Pennsylvania,'declare this ~o ~e my last Will ana revoke any other will previously made by me. EIRST:I direct that my just debts and funeral expenses be paid frpm the assest of my estate as soon as practical 'after my decease. SECOND:I give,devise and bequeath the sum of FIVE HUNDRED ($500.00)DOl~RS to'the Saint Spyridon Greek Orthodox Church of Mcnessen,Per.nsylvania~absolutely and in fee simple. THIRD:I give devise and bequeath the sum of FIVE HUNDRED (~;5i)0~00)DOLLARS to Flora Koussonbus of the Borough of Stockdale, .v-las:li:1gton County,P~nnsylvania,absolutely and in fee simple. FOURTH:I give,..devise and bequeath the entire remainder o~~y estate.both real and personal,of any nature whatsoever a:1d w"herever situate unto PETER SCRJ;P,.of.the Borough of Stockd.ale·," N.3shington C:>Un ty,.Pennsylvania,absolutely and in'fee simple. FIFTH:I hereby authorize and empower my personal representa- tive to sell and dispose of any of the assets including real proferty to e£fec~ate the purposes of this Wili and t0at he shall do so without prior petition to Court or posting a bond therefore. SIXTH:I authorize and empower my personal representative herE.i11after r.amed to serve without the posting of bond and that·if an~'::ule or law lequire a bond .to be posted that no sureties be required thereon in the administration of this estate. SEVENTH: of mt estate. I appoint PETER SCRIP and JAMES DOLAN,Executors., It}WIT~SS WHEREOFf.".r.~a.~_?h,er~untoset my hand and se·al this ,'C'·.-t.~·h .day of ".("/'~'Jl..I·,1969._i )'.'.-...-;:/.-y;..-/1 /,'._,,,,.-.l{/,...... ......1 ••••.,./.~~.,:.:~,,~"/",'-.~/'I'';Ie""',--..~--7~'/~'o(•/'•••••_0#",',>.,,J I :,..:-L-""","... ....·'ANGELOS Ki\RAVOIJ\S /I The pr8ceding instrument·was on the above day signed,published, and declare~by ANGELOS KARAVOLAS,The testatrix herein named as ar.d for his last will and Testament in the presence of us,who,at ~er request and in her presence and in the presence'of each other ba~e subscribed our names as witnesses hereto. :" ..''" ../'./. '.~I ,,•••:-.,,.,.-••"_•..~',"""t ·h.·,..",>"..'••••.•-,,.,"••,. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: THE ESTATE OF ANGELOS KARAVOLAS,Dec~ased. ) ) ) ) ) o R D E R NO.63-69-1387 directed to Pete Scrip to show cause why the appeal of Sam Karavolas from the ~I AND mw,to wit.this .,I!t:-day of ~consideration of the foregoing Petition of Sam I I ~,1970,upon Karavolas,a citation is awarded decree of probate dated December 23,1969,of the Register of Wills of Washington County,admitting to probate as the will of Angelos Karavolas,deceased,a writing dated October 6,1969,should not be sustained,the decree set aside, and an issue directed to try by a jury the following issues: (a)Whether the Will of the decedent was the product of undue influence; (b)Whether the decedent had sufficient testamentary capacity to execute the said Will. Returnable the 31 day of -+-b<~lQ",I'-e~F'I"'-'1970,at (0 :~ o'clock il-M. BY THE COURT, .,, I• 31n Wife (U111U'1 of Q!ammnn 'baa af Buaqingtnu mounty,''euunylnallia ((@rp11UUl1 ',Q]:uurt1ilitli£1iO(it IN RE: THE ESTATE OF )) ANGELOS :KARAVOL~S.,~ill 1tattnn ~NO o 63";69-1387 ,~C~S®.(( -)) ~nututnuttttalt4 of 'runnylunutn ~ 11.6::Qtnunty nf lltlfaal1ittgtnn To:.PETE SCRIP '~ur Petition 0::SAM KARAVOLAS. 'by his attorney,SANFORD So FINDER,ESQ., lit (!!nmmuu~luu,---'P'-""ET.......EoW.......,bS...,..C"'-'-RI......P'-_ that,laying a3ide all business and excuses whatsoever,you do file in the office cf the Clerk of.our Orphans'Court of Washington County,a full and com- ,.plete'answer,~der oath,to each and every of the averments of the said t' petition,on or before Thursday ,the 3rd day of December 1970 ,at 10 :00 o'clock~.M.,and show cause why the ap~al of Sam ,Karavolas front:'F8'de9reE?of probate dated DeceIJIber 2)).1969,of'the Regis ter of wills of ~"Jashin<rtonCounty,gdmlttlng to probate as the Wlll of ngelos l'I.aravolas,deceased,a writing dated~tobjr'6,196~lihoUld not be sustained,the decree set a,side,and an j sSlIe directed to tryb:y:a ury the oWing lssues: (ahJh€ther the Will of the decedent was the product of undue influence;(b)Wb.~ther the,decedent had sufficient testament-ary-eapacity to execute the saicpWil1; and iurther abide the order of our said Co~rt in the premises, If YJu fail hereof,the petition may be taken PRO CONFESSO and ~ .a decree made against you., o WI~SS the Honorable P.Vincent Marino,Judge of our said Court,. at Washington,Penna.,the 14 day Of ...>olO"",c~t"""o""",b"""e,,,,-r ,19 70 t· SANFORD So FINDER_Esq. Attorney for Peti~.ioner~Was hingt on Trus t B1 dg0 • Washington.' (Seal)Pennsylvania -15301+ Clerk of the Orphans'Court ·on l..•..~·~tuti'.nf.lbuu.aylnuuiu'}",..!i.!i: mounty of lllIIu.a4i\19ton it ,,1)_,,;-, '&f- ~,~r~ ,...~~-JW.-(1 IL. TO THE HONORABLE JUDGE WITHIN NAMED: I hereby certify and return that on WEDNESDAY the 21st day of OCTOBER 19 70 at?:00 P.M.,I served'the within CITATION,PETITION AND NOTICE'OF APPEAL upon the wilWn named d~enda~~P~E:T=·=E~S~~~·=I~P~,~~~Y~O~R~,~~~~~~~~~~~~~~~~~~ by handing to HIM.personally at HIS'RESIDENCE,461 BOW STREETt,••,,/" S:TOCKDALE. Washington County,Pennsylvania,a true and attested copy of the wilhin CITATION,PETITION AND NOTICE OF APPEAL land making known to HIM the contents thereof. COMPLAINT IN No."TERM,19 INVOICE NO. SHERIFF'S COSTS $ DOCKET NO.,PAGE '---,,- -----'Deputy Sheriff.ad ~}({~y~~~. 2~ " / QIitatinn .3Jn m!1t Cltourt.of Cltommon'ltas of 1JIlIas!1ington Qhllmtg.Jtnnsgluatda .(@rpijuus·m.und mitttsiuu.( ) ( )NO.63-69-1381 ( ) TN RE: THE ESTATE OF ( ) ( ANGELOS KARA-JOLAS,) D3CEASED.( ) «:ummutUlttultl1 uf Jruusylnuuiu \. SS·(Cuttttty nf lIusqiugtnu . . . To:.f-ETE SCRIP S\:r I'etitioc of:SAM KARAVOLAS. by his attorney,SANFORD S.FINDER,ESQ., 1ft 'Qtummutro lun.-"'-P.......ET.......E............,SC......R......I_P _ "T.hc..t,hying-aside all business and excuses whatsoever,yc·u do file in the office - of the Clerk of our Orphans'Court of Washington Cc·unty,a full and com- plete :answe=,under oath,to each and every of the c..verments of the said petitio:1,on or before Thursday ,the 3rd day 0:December 1970 .at 10:00 o'clock~.M.,and sha'w cau~e W3Y the appeal of Sam Karavolas J;rorn :.he de~re~of probate dated Decel]1ber 23A 1969,of the ~gister of Wills of WashingtonC~unt7,qdm~ttlng to probate as the W111 of ngelos ~aravola3,deceased,a writin dated ..t.::>b,r ~196~ho l~~k~~:sustained the de re._'..' .ed to .try. (.a.)liJhether t&e Will of the decedent was the product of undw.e influence;, (b)'Whe1h€lr tr:e deoedent had 6uffieient :testamentary capacity to .execute the saiq,·Wil-l; -. and fmther abide the order of our said Court in the prenuses, If you fail heredf,'the petition may 'be tak~n PRO CONFESSO and." a d,~cr6e made against you. WITNESS the Honorable P.Vincent Marino,Judge of our said Court, at "Washingt.on,Penna"the 14 day of October ,19 70 --~~_'~7-d Oerk of the Orphans'Court MNFORD S.FINDER,Esq. ~_ttcrneY'for Petitioner.Washington Trust Bldg., Washington, iS~alt Pennsylvania -15301 .! .--... , 1,"".~_~.: r•• ..'). ~J ·.r~~~t~ ''':,\~. .~.":.::.~:.1 .~:...,". ",_.2',. o.'t ,~~..."-, (;,., I r, ~, IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PRNNA. ORPHANS'COURT DIVISION ..b 9 - NO.~-69-1387 ~.IN RE: ~ESTATE OF ANGELOS KARAVOLAS,Deceased 0 0I)~:llr w C1110;u :ll Ol ~'U ,Q :~I llr!l-<;.., 111 5 ~z ~fT1~•Z "II'"ifL(J)-111 ,'-~':~-<~:P C 1 lr0-I<~r '11 '~c:/:-:;;:tJ:-)s:1 ~;u\,~~,~~ )c z iii ~~0 , 0 fl1IIIIII ,·~-t. I ~.._~-.,-.... ::n ''"':1 ,-v r'v z -../__ J):J --I ~.i.~~<:-;.--'=--r:..._ ':")';.o~~ :r--,..-or-a);~<n \'\~ MOTION -,TO QUASH,AP~EAL FROM; DECREE OF REG!STER 0~WILtS G0 '"'c.:-'"::=:::-:::r.t c::::'1 1" ~' ~ ~J::;,~.J',.~~~•'fl .'1\; fI>,' '" L- ',,- '......., ;;1\. '\ MURPHY ANO FRANCE ATTORNEYS AT LAW ""ue ,....LL.UWPI~L.U AV~NUc. CI-IARL.EROI.PENNSYL.VANIA 15022/'OJ .tf--~~y " I IN ~HE COWRT OF COMMON PLEAS OF WASHINGTON COUNTY~:PENNSYLVANIA ORPHANS'COURT DIvISreeN IN ~:E: ESTA~E OF ANGELOS KARA~OLAS,Deceased. :'3 -NO.·~-69-l387 \ ro: PRAECIPE FOR APPEARANCE BOB A.FRANKS~PROTHONOTARY: Enter our appearance for Pete Scrip,the Respondent in MURPHY AND~he aDove entitled case. I --'I I -_r,rvlrr c • r. v :Y ..i ~I r -'.-" f','",\.." ,, ---··r I .:::~ --.:l Ie=;)::z= c::>n..!'-.--.. .. .. .-..>"- IN ~HE COURT OF COMMON PLEAS OF WASHINGTON COUNTY~PENNSYLVANIA ORPHANS'COURT DIVISION IN F.E: ESTFTE OF ANGELOS KARAVOLAS,.Deceased ·· :~~- NO.3"6-69-1387 ·· Mo'rION TO QUASH APPEAL FROM DECREE Of REGISTER OF WILLS TO 'IlIE HONORABLE ...THE JUDGES OF SAID COURT: AND NOW,comes Pete Scrip,respondent in the apove entitled case and respectfully represents as follows: 1.That the petitioner,Sam Karavolas,filed an appeal from'Decree of the Register of Wills on or~out October 14,1970. 2.Said appeal does not name all legatees in the challenged wi11. 3.Said appeal does not join all the heirs under the intestate laws. 4.The petitioner has not filed bond within 10 days of the 3.ppea1. 5.The petition does not set forth sufficient facts whi if p~oved,worild establish a substantial dispute.The petition merely sets forth legal conclusions. WHEREFORE ...your respondent respectfully-:,:.:prays your honor able court that the said Petition be dismissed. MURPHY AND FRANCE ;.... '.' t· \ IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA .ORPHANS'COURT DIVISION/;3 NO.36-69-1387 IN RE: ESTATE OF ANGELOS KARAVOLAS,Deceased I r -~"_""Dr-=-'to 'J ;...en C1'",-g ,;''>.. ..' Jr- .. .. v~y \. Q 8.Q £8.1 I -.::-~--,...:--...III C) '- '0--c...:.. --.,:-, .-~: 1 .~ ]--.. '-J 'JJ- ...' L- --,SANFORD S.FINDER ATTORNEY AT LAW 729 WASHINGTON TRUST BUILDING WASHINGTON.PENNSYLVANIA 15301 J ?->t.f--"Y~(/3)/ .J';. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN REI ESTATE OF ANGELOS KARAVOLAS,Deceased. ) ~NO.~69-1387 ) .QRQ.sR AND NOW,this ~~ay of November,1970,the above captioned i case having been scheduled for Thursday,Deoember 3,1970 at 10100/.---c:e!L fI..M.,is hereby postponed and rescheduled for the 'r"-day of -.:-A:-~~~~'"1'l~ 1.971 at 14~~o'clock 4.M. < I" ~-.., ;,.' I~I,~' J .. ~, .t' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION NO.6.6-69-1387 IN RE: ESTATE OF ANGELOS KARAVOLAS,Deceased. ....'••~.v-" _.~-.;.~1:.•'•.-~".,",;:.::•....~, .ANSWER .'I'.0.;P.E,T'ITIOR...FROM..'., DECREE ~OF<·R;EGISTER OF 'WILLi: !f r;. :.j () I )~:ur Col C (l\0 ;0:u CD l>1J Q ;~I~F g -< (l\0 Z »z ~1'I Z :!!~Z~~l>Crc-{ <l>r'TI)<l>;0"~"~"'~»)c Z -1'I 0(J1o .~I'llIIIIII :j ~ " l' 1~'~ ~J~.g 1 ,~~~ ....,..-.-. ~-:... ,1-· ~r-~(,~'":.:,..:...~., .\ J ~ 'oJ I ~".~ 'l\,. '---- a .,~MuJlltjiioi-l,Jo""'U "'t-tAN'-..:t:. ATTORNEYS AT LAW 30e FALLOWFIELD AVE"!UE CHARLEROI,PENNSYLVANIA 1S022 ,-2 Ll-.1 ./) ~I _......,.( \IN THE'COURT OF COMMON PLEAS OF WASHINGTON COUNTY~PENNSYLVANIA \ IN RE: ORPHANS'COURT DIVISm0.N : : ESTATE OF ANGELOS KAR~VOLAS,Deceased. ······ NO.36-69-1387 ANSWER TO PETITION FROM DECREE OF REGISTER OF WILLS TO rHE HONORABLE"THE JUDGES OF SAID COURT: The answer of Pete Scrip respectfully sets forth as follow.s: 1.Admitted. 2.It is admitted that the petitioner is a brother of ';... the late Angelos Karavolas,but it is denied that petitionet~is agreived and it is denied that he represents all hei~s of the decedent. 3.Admitted. other lawful \ I 4.It is denied that at the time of the death the decedent was residing with the petitioner and his wife.To the contrary it is averred that the petit~oner had separate and solatary quarters consisting of two bedrooms and a kitchen complet ly . furnished and separate and apart from the residence and quarters \ of the Petitioner and his wife. 5.Admi tted. 6.Admitted. 7.Admitted. 8.Denied.The allegations in paragraph 8 are within .',...... the exclusive knowledge of the petitioner,proof of same is demand,~ if the same become relative. 9.Your respondent:denies the averments contained in Pa graph 9 that the writing admitted to probate as the last will and Testament of the decedent is not the last will and Testament of th dec~dent,said Will Was not invalid,and that no undue influence was exercised upon the decedent at or about the~time of execution of the Will.And it is further denied that the deceased was not abl~to talk.The respondent avers on the contrary that the writing admitted to probate is the last will and Testament of the decedent and that no un~e influence was exercised upon the decede at ~ny time and that the decedent was able to speak with the aid of ~mechanical device that amplified,sounds.It is further averr tha=the deceased was able to read a little and write some. 10.The averments in paragraph 10 are denied.It ~s avecred to the contrary that at the time of the execution of the will said decedent was of ~ound and disposed mind,memory and und~rstanding,free from all contraint or undue influence on the part of {our respondent or any other person on his behalf. ) 11.Your respondent denies the averments contained in par~graph 10 or said petition that the decedent was notalperson of ~ound mind capable of disposing of his estate;and your res~ondent further deinies decedent was not of suffic~ent ,, i I testamentary cap~city to execute a will.Your respondent averS~on the contrary tha=decedent was amply competent throughout to make a will;that\ the willwas prepared by an attorney at the testatorIs request and i in accordance with his directions without interference from anyone~ -"\\ '."J.~ And that testator was of sound and disposing mind. .--:t '.WHEREFORE your respondent respectfully prays that the saij \ petition be dismissed. MURPHY AND FRANCE ~4BY.~~#?JaCk:F):-ance 1/ COMrlo:m\fEALTH OF PENNSYLVANIA ). ) COUJJ'lY 0 F WASHINGTON ) SS: ..-v Personally appeared before me,the undersigned authority PETE SCRIP,who,being duly sworn according to law,deposes and \. say~that the facts set forth in the foregoing Answer to Petition Fron Decree of Register of Wills are true and correct to the bes~of his knowledge,understanding and belief. Swo=n to and subscribed III before me this /t/day of Rovember,1970. /0'7";;;\.:L.&e;~. MYr~ommission Expires: .-' " EILEEN R.MURPHY,Notary Publto Charleroi.Wa3hington County,Penna. My Commission Ex,pires March 2.$..:in " r,\I. ~', tJN IN THE COURT OF COMMON PLEAS OFWASHINGTONCOUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION NO.36-69-1387 IN RE: ESTATE OF ANGELOS KARAVOLAS,Deceased. o R D E R .~ \ r .'""~--.J .,=E ::J .,c:=. II ::>IT':::0 ---~J if)~..C t::::I -.--..:::-.0>r'r"/ ::-:UJ c,".....;:...---i -r:'.....)f""q~)r r-_-!:.or __,""'"S2r 0........-r-I ••-0 -<:)-,.:)-~:"J .. :;:::::;I"'J-0,'"'- 1.>(,;')0 --co •\.\ ) if SANII'OftD S.II'INDI!~ ATTORNEY AT LAW 7 .L6"7.!4 WAl5l'1l1ql.!llUI.Titul:ll'OUh.J:oll\t.:; WASHINC:iTUN....I:.NNSYL.VANIA 1~:5U'1 IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: ESTATE OF ANGELOS KARAVOLAS,Deceased. ) ) ) ) o R D E R NO.36-69-1387 AND NOW,this ~day of December,1970,upon consent of both Counsel,the hearing scheduled herein for January 6,1971,is continued until a..~the ~day of --.f.-oll&:::::::\:=:::~~r-'1971,at/-tf?:~o'clock ~M. BY THE COURT, , \~'I .. :,,,or;.. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION NO.68-69-1387 IN RE: ESTATE OF ANGELOS KARAVOLAS,Deceased. BOND FCR COSTS ON APPEAL t' .,~ t --..6...I'\'j\). .!J I ~. ·iIi . \ I I) "iJ L---'" t,/-,j .,'; f'.~ .P I t. ./ -{l:-.~, .> V )1 AND NOW,JANUARY 13,1971, "0 ..,-""" within ~qn9 approved.--_~':J •_.~ »r'q::::1 _ (n '::=Ru::s s el~~Mar ino:r.",,".~., ::-;fJ):-.ClerkO·.C Divn....';-~-(....-...::.... I"-.oJ ,-......-~.",} .........._oJ--J ::1.;...0 0 ~-,~-..---0 :~;..::-0 ----C).r .--v r 0 ~»(fj c.C1 SANFORD S.FINDER ATTORNEY AT LAW 729-7:34 WASHiNGTON TRUST BUILDING WASHINGTON,PENNSYLVANIA 1S301 /~;l Lj-;).f ".'oi IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: ESTATE OF ANGELOS KARAVOLAS,Deceased. ) ) ) -) NO.36-69-1387 BOND FOR COSTS ON APPEAL Know all men by these presents that we,SAM KARAVOLAS,as principal, and TRANSAMERICA INSURANCE COMPANY as sureties, all of Washington County,Pennsylvania,are held and firmly bound unto the Commonwealth of Pennsylvania,in the sum of $1,000.00 lawful money to be paid to the Commonwealth,its attorneys or assigns,to w~ich payment;well and trul to be made,we bind ourselves and each of us,our heirs,executors,administra- tors,successors,and assigns,jointly and severally,firmly by these presents. Sealed with our seals this .l.6.tb day of _..".O"",c:..:;t""o..o::b"""e,:::.r ,19_7_0_. Whereas SAM KARAVOLAS has sought the issuance of a citation and 3ppealed from the prob~te of the will. Now the condition of the above obligation is such that if SAM F:ARAVOLAS shall pay all costs occasioned by the appeal which may be awarded ., ty the Court or Register to be paid by him then the above obligation to be void,but otherwise to remain in full force and effect. Sealed and delivered in the plresence of ~I~:::-----_---_--ISamKaravolas OFFICE OF CLERK OF THE ORPHANS'COURT Washington County,Penna. "•• NO.63-69-1387 WASHINGTON.PA ~.~~y ~.?.L.~.~.I!193 . Guardian .Administrator Mr $..~.:f..Q~g $..~F..~.n:~.~.~.J.~~.~.~~~.~y.r;:~~t~r of the estate of ANGELO.s KARA.VOLAS.~DEC..'.D ·.. The Fees amount to $2 .•5.0 .1n the proceeding for f..~JJ·n.g ~g.!l:.g 9.~Q.<?~t s on App eal &Order setting date for hearing . At No 63,..-69"".1J,81 Term,193 ~.":':.~.::in this office.Please remit at once and have or send this bill,that the docket may be properly receipted and you credited with same.. Yours truly, Docket.:...............................Page ::. And now.........................__-_.._..-._, and the docket has been properly receipted for same. ..............RP.-.~.~.~J.~~~.~.~.~.~_ _C1erk O.C. 19 ,Received above costs,to-wit.$:_. .-_:~~~~~~~.~~,.~ ___________C1erk O.C. 'l.' .....·i .'~ ,..~ .._j 'J~ Ie r r~~t fI "t·,i ., IN THE COURT OF COM1\t1lPN PLEAS OF WASffiNGTONCOUNT) PENNSYLVANIA NO~36-69-1387 IN RE: ESTATE OF ANGELOS KARAVOLAS.Deceased. ORDER 'lI.~ '" ,,''"~"l~'-}, r4.r:._L /; il ! ~I ~·'''''l 'i,b /' .~~ ~-- / :..::-.J----C'')Tn ;..,-~~:__--r"" ~-:(/){~I :;.,J •--l -,o .".-.. :0;.:<:) -}'~.- 0._ ..:::"""-.-~--,---u -'.~>(,-,0 -.-..,j "--I .- :J -.~...J ;....oJ c::l '. '- (~ .) i-- , ,I ,,~ SANt-'UHU S.f"lI~Ui!R ATTORNEY AT LAW 729·7::J4 WASHINGTON TIWl=;\E:lUILUINIii WASHINGTON.PENNSVLVANIA 1l:)::J01 \?-iyd F= .\ ·I~ IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY. PENNSYLVANIA ORPHANS'COURT DIVISION IN FE: ESTATE OF ANGELOS ~ARAVOLAS.Deceased. ) ) ) ) 63 NO ...2£1"-69-1387 . ORDER AND NOW.to wit.this the above captioned is hereby set for hearing on t -+-,.,:L~~c.e~~'1971 at ,/0 :c--.e?0'clock fi-~M. "I Ir ~ t ", IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION ip3NO.~-69-1387 IN RE: ESTATE OF ANGELOS KARAVOLAS,DECEASED. '",-..,J {l -;:,...-~ I~ t. ("<~.,":" "I/, J~ .QRQ.£R ..:;:::.) ;,.I '1 ..,.. ~~~G~--. .-1...--"..... ~. [ --/-.J ...~ :::c'-yoo::E·. :"'~>lIr.- r.-""... '-' ,.'.\ ~\ "'J L---" ~ :11:, .Jr", " -0 r.:;;:r--v ><n 0 -l=' bANt-UMU S.FINUER ATTORNEY AT LAW J'<!'I:J-J34 WASHINGTON tRUST I:3UILDING WASHINGTON,PENNSVLVANIA fS30f (?--tf'1 y.v ~ .. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS COURT DIVISION '.. IN :tE: ESTATE OF ANGELOS KARAVOLAS,Deceased. ) ~NO.~69-1387 ) .QB.12 E.B. /~6ft C2.:-/~ AND NON,to wit,this ~day~-:J'rI'ryf /~above captione':!1 1 cas,:is hereby set for Hearing on the ~ay of ~~>,.1971,at /0;d-\?0'clock 4-.M.7 .,.. '>!, f; IN THE COJRT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIAIORPHANS'DIVISIONIINO.,£!.69-1387 IN RE: ESTATE OF ANGELOS KARAVOLAS,Deceased. J E E {\-~l (/ .~,-~. '~~a ·n,. ~,•~.; 1 f"1 '-r' QRJ2£R bt(1 ~ =-.::::J::;-m ;.-'en ...t:..=:~;(I ~--- ,.'I -I .. -"":),.'"-i.:::'- o :-.",--~-0'0>cn >'., --J I -.- <=) Cl "I 1 "'::::J ;_,I :::.'"-, ~-- -- b ~ L- ., "J ~ SANFORD S.FINDER ATTORNEY AT LAW 729-734 WASHINGTON TRUST BUILDING WA5HIN7;"~=":2;;701 /'- IN THE COURT OF COMMON PLEAS OF WASHINGTON CWNTY,PENNSYLVANIA ORPHANS'DIVISION IN RE: ESTATE OF ANGELOS KARAVOLAS,Deceased. ) ) ) ) NO.~J-69-1387 AND NON,to wit, QRJ2gR this *~of c{J~2 ,1971 ,it ap~earing that parties are now available for hearing,the above captioned case is ihereby set down for Hearing on the -d.3.day of 'd!'~~,1971:, at /~~ {0'clock ?!1.-.M. ..' a d ,, / {' " .. i/) .:1 In the Court of Commo n Pleas of Washington County,Pennsylvania Orphans I Court Division No.63-69-1387 In Re: Estate of ANGELOS KARAVOLAS, Deceased. , " " ~I "\~.j i."-,'-, i " --~.. "';t/~~./ OPINION (MariEr?,J .) .~;...:::J V-l --..);rn Al (f)0 C =x:,..-:r:-(n ::.....;::0-(j')•.'/1 rn......"""'---.~.~--~:.:~1'"'-"~7J I.C_.J'?o""-;}.;--0 ... g ::.~?~!::::-r:::::;-" -oro><n -en ORPHANS'COURT DIVISION (COURT OF COMMON PLEAS) L -~I~.. ./" .eo~ 'r>... W".31"11IQU I UI'l.r'lo'. ~2 .-. IN THE COURT OF COIVIMON PLEAS OF WASHINGTON COUNTY 1 PENNA. ORPHANS'CODET DNISION IN RE:( ) Estate of ( )No. ANGELOS KARAVOLAS~( ) Deceased.( o P'INT ON Marino,J.January:;l",J,-1973. -l ;1.;__ ,-,,,.4_ 4:~,-~,~'.~: .:>.'.:-~:...~::.::,(!.r::;:-0-....,. ?>(;-,<:> -~. ,Angelos Karavolas was 85 years old when he died.His will was dated October 6,1969,and he died December 9,1969. He had his larynx removed a few years earlier and was forced to speak with a vibrator,a mechanical instrument used for such purposes. Otherwise,the decedent enjoyed good health most of his life. He was single and had no close relations at his death except a brDther and a sister.He had nieces and nephews in Greece,as well as other more distant relatives. He became acquainted with Peter Scrip,the Mayor of Stockdale. Scrip took him to an attorney to have his will drawn.The will is now challenged.It provided fat a small bequest to the housekeeper,some smal charitable bequest and the balance of his estate to Peter Scrip. The attorney who drew the will testified that the decedent had testamentary capacity,knew what he was doing and to whom he wanted to leave his property,was mentally alert and fully capable of knowing what he was doing at the time he executed his will,in spite of his disability in ,. speaking.The attorney had some difficulty in understanding him but he rea the will back to the decedent and everything was as the decedent wanted it. The only criticism the court has to make at this time is the fact that the principal beneficiary was present at all times when the will was discussed and finally when it was executed.It would have been better to do these things in his absence,but such does not invalidate the will. The Supreme Court has recently observed that in order to set aside a will on t~e ground of undue influence or testamentary capacity (Protyniak Will,427 Pa.524,532):trTestatrix's will had been prepared, we repeat,by her attorney,whose testimony showed both testamentary cap<;3.city and Iback of any undue influence,and her signature was witnessed by two subscribing witnesses.When a will is drawn by an attorney who testifies as to decedent1s testamentary capacity and is proved by subscribing witnesses,the burden of proving aack of testamentary capacity or undue influence can be sustained only by clear and convincing evidence.It (citing cases) Such evidence has not been adduced in this case. By the Court, -2- 4'~. J. Testate'Form J PETITION SUR AUDIT IN T'HE ORPHANS'COURT OF WASHINGTON COUNTY Esta1e o7 __.ANGELQ...KARMlOLAS . Deceased No . Fiduciary 1?~.t~.+..:S.~;J;.ip.,;E:.~~.C-!J..t.Qr . Date of Date of Decedent's deGth ..l?~~.~~~~.~~!J~.~~Grant of Le!tters p..~.g~.~J?~;J;"..~~.~.,J:~.9.~. This is the._l;i;.~~.:t;..~.I}g ~j.n~..J account ·filed in this estate If there have been former accounts filed in this estate,list file number or number and terriL . Election to take Ncne Under or.Against will.kress o.ut one)' .Date Election Place of; Filed Record . Name of surVlving spouse :..NQn.e.:. List issue,where material:None Did decea:lert l1Iarry aft=r execution of will?(indicate)~§l::).No.Any children born after execution of will?(indicate) .:~x:i\.o.If :JnS'Wer yes,name them . •-_ - -••_ _••••_._.:__ ____-_----__-___•••_.__._._••_••••_.___.-:"'=._•••~_••••_--_••.•-_••-----_-_. Leg.atees St •.Spyric.on Gr·3ek Orthoc0:>0:Church of Mon=sser., Mon3sser.,Penna. F10[,::lKcussonbus Fur1:::mg AV€nue Ros:::>e,·Penna. Relationship None None Interest $500.00 $500.00 Fiduciary,if deceased'~r not sui juris Peter Sc;r:-ip 461 Bow Street Stockdal€,Penna. None Entire Remainder List,~f exce~tions to above: If part101 iniest:Jcy,give facts: Adeemed: None None Revoked:Lapsed:Abated:Give Cause: •!"• NotiCE to int·~re~ted parties.Have all parties,having either vested or contingent interests and all crediors ~entitled to not c=Court Rule No 9 paragraph C:Section 6:Subdivision c)received written notice of ,the filing of the account and 01 «:al 01 aL-dit?Yes.Nox .. 'If any :xcep·:ior give cause:.Nnne.. File CGpr'oll\.oti·:e and dJ-e )f -no ling _~;:.~.-: Is estate subject to the filing of a Federal Estate Tax Return?~.<?.~. ~ctual payment made on Pennsylvc;mia Transfer Inheri~ance Tax.Amount $~::. If the Will makes any portion of estate subject to a life-estate,give name and birth date of life tenant.~..~. .......N..Qn~. Give Names.and addresses of all unpaid creditors who are legally entitled to notice,together with the amou'nts 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: None Balance for distribution per account, Itemize any additional debits not show'n by account:No ne Total additional debits (Add) Itemife any additio,"!al credits not shown by account: Register of wills $ Aud'it Cos't -\,j .$ Total additional credits (Subtract). $. $. $}J....?~.7..·.§.Q . .,, I ".~ Balance for distribution (Cash)$. If balance for distribution'is not in cash,list each item held in kind,giving appraised Val\..!e (or distribution Value); j. /..." l\ --- l i·~. , c:::,.'.t , If Famj(~Exemption claimed by Petition,give place of Record::. If Fcmil)'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 Sug£€sted c istribution of balance shown,both as to principal and income,attaching signed and itemized elections to tdke h kind if balance is not in cosh:residuary shares being stated in proportions: -'st.;"Spyridon Greek .orthodox Church of Monessen..,..,. Flora Roussonbus Pe-:.er Scrip COLt'HY OF WASHINGTON,55: COMMONWEALTH OF PENNSYLVANIA. The abo'le ~amed Fiduciary or representative thereof,' '$500.00 $500.00 Entire residuary being dloly sw.orn ,doth depose and say that the Facts set forth in the foregoing petition are true to the be.st of b.is knowledge and belief. And your petitioner will ever pray,etc. ..... __~""_<:l!_r:>-10 and subsc"bed bel",.d L -f ~.th;S~a!~~y 01;ir-.;;pi6----------19J-D.----_~_~:_d~--:--------- Signature of OfflCer..p~..~.-~'. ./..T'tl .<f :)f -..'IN9.t~~.Public ",,..:. I e 0..~Icer~~",.'..;:.:,. .E'LEE~R.:MURPHY,Notary Publll: Office e:<pl res.:':.T~~~f1bWIl"J'!I~"!}'t(m.~3mTtf;.P'enlTa:. .'':-'MY CommissioA Exp.res March 28 19/2•...;..~.'.:.~. I. i . I ~---------------------,....,-----------.'._._--- ;'-'.--.~ .. ~.. No l ..S..~.Io..2.::./3..Ql . , Estate of ~.l}g.~.;L.9...~.?;t;.?Y9.J:9.~. ......._-_-..-.-_..-. Deceased Fiduciary.....J?~t.E;!.~...S5;:.+:iJ?I....~~.e.~JJt.Qr.. 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:pa rag raph b-c;and divisions thereof:shown on pages 2344.""'7'1' 1.Written iii!~<:i.TD.es of @'I Cotrrisel in _,the case.(f)'G)c::::<:-r"'-·--r.:.,-.()'::=~ 2.Copy of~~r~/'<:lppoiriting ~!:,,.ordidn ad litem,if fil~r~in~lIt._.i ... 3.Copy o~e'r'appointing~ifi'~fee ad I't 'f a-"Q t ~~..""..I em,I F""'rt:f.Ij'l~Q.-=r. 4.Proof of ~rlltc~of above.•-.-"UV. 5.Letters T-t,Stpmefltary or Administration C..T.A.~,CllO bftest cW',.,..yf WiII. 6.Copy of inventory and appraisement. 7.Proof of.advertisement of grant of letters if not filed with account. 8.Certificate of liens in case any of the funds for distribution are from judicial sale of real estate. 9.Signed and itemized elections if any distribution in kind.. 10.Copy of Federal,Estate Tax return if es- tate is subject thereto. ".,I I~-..f ..;, ~- I··,I.. '1 .:. 'J,',' ~'. ..'..... '. '. '../, 'tid "@O N01~)NIJ.IS\f'if S77//1j .:10 !J~U S/&3t/ oNn!Vftj ri.:1"'~"('n\J .,)'.1 I;J S/2/1M (I UVt/fL. :0'')·'7 !I ~.! "'-..J'i ••J / \ 0 .... •/1 It..' ('I '. .,..."'"0'f ..~\--. 'j }l () ~~~w CIII0;0 II III »"0 Q "4 I.»0 J 1)~:0 "'III 0 z· I Z ~I'l » ('z ~~Z~~~»lJ,r C -:l~.,<j>'r '11.~<-»;o~!)~»»,;:Z~~'I'l n Ul 1'1uIII III r ~ I'\' v":''. ~'.- ". '<.'.' IN THE COURT OF COMMON PLEAS 0 WASHINGTON COUNTY,PENNSYLVANI ORPHANS'COURT DIVISION NO.63-69-1387 IN RE:ESTATE OF ANGELOS KARAVOLAS,Deceased. R E C E I P T 'tld "00 N01;JNIHSVM S11 ;II..:1 0 IE]1SI[)3H ONICI'lj"t l;.'iSsntJ ,',"'.i "l' ~)r <--.. Z5 2/Ud S2 AV/./ '.1urt""l (','"r.10 rrt"'olcrfL .. f "''t,".ATTORNEYSiAF CAiw.....}I 308 FALLOWFI~O'A"'d.ENt.lE;_i•'..:,,;t~....01CHARLERC'.7YAN'A ,~O"'2 WITNESS: i1\.,,',,:i \'~~ -~.' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE:ESTATE OF ANGELOS NO.63-69-1387 KARAVOLAS,Deceased. R E C E I P T ,RECEIVED,this 4!d day of ~,1973 of l'ete !Scrip,Executor of the Estate of Angelos Karavolas,the sum of IIIFive Hundred and 00/100 ($500.00)Dollars,being the full amount awarded to me by the Ajudication of the said Court in said Estate, which Ajudication was confirmed absolutely on March 12,1973 and I do hereby authorize and request the Clerk of the said Court to enter full satisfaction on the record thereof,the amount so awarded. WITNESS my hand and seal the day and year first above written. ST.SPYRIDON GREEK ORTHODOX CHURCH OF MONESSEN Bytfl~:;== Title f On the f{3t!f1a.ay of c.k7 '1973,before me,the subscriber, a Notary Public,personally appeared the within named party and in due form of law acknowledged the within Receipt to be his act and deed,and desire the same to be recorded as such. N.-P-.SEAL: Nota~PublJ.c •_,~:<lr.J "e>f;'-- My ommission ExpJ.res :'l!sr:ofti•i'Jr:,lii.g.or.(l~:1Y.' "tly C~mmjs~:nn E ;~irL:. ,1\1011.?~J,Jf17 ,,' •,j () I '7:t>~~w C fT1 0 :0 )J ID »"UQ'lI ~I 1,,'•»0 Jl~'1JF:u"" "fT1 o.~»z ~-<ZZ::!!Ul. H ~~»0 r 0 -l i1 \.~~~:o ~~:E »~c Zf":.(l)n U1 Inu III III l: ....J <----- y '..' 't <:~....~ " .'I ',' ,~ l~ f '" IN THE COURT OF COMMON PLEAS 0 WASHING'liON L:UUN'l'Y,.PJ::NN~YLVANl ORPHANS'COURT DIVISION N(L h ~-hq-1 ~R7 IN RE:ESTATE OF ANGELOS KARAVOLAS,Deceased. R E C E I P T 'Vd "OD N01:3NIHSV'" Slllt!l .:10 t!31SI~3H ONIt!'Hi TFl SSnH M[;J~...2~..IIJr~dJ J-~~~q:rf" ATTORNEYS AT LAW 308 FA'-'-OW~'EtD'''WVENlJ1 I.,,~I \1 <;.,CHARLEROI.PEN ~L..~1"NIf'.=::J.j22 ~1Jt?' NO.63-69-1387 ! I!~NTHE COURT OF COMMONO:::::S~FC::::I:::::I::UNTY'.PENNSYLVANIA I~N RE·ESTATE OF ANGELOSI,.KARAVOLAS,Deceased. xecutor of the Estate of Angelos Karavolas,the sum of Five I I II R E C E I P T RECEIVED this ..{11!day of i/PIf1,1..,1973,of Pete Scrip, Hundred and 00/100 ($500.00)Dollars,being the full amount awarded to me by the Ajudication of the said Court in said Estate, Nhich Ajudication was confirmed absolutely on March 12,1973 and I do hereby authorize and request the Clerk of the said Court to 3nter full satisfaction on the record thereof,the amount so 3.warded. WITNESS my hand and seal the day and year first above written. WITNESS: On theo?7 -I day of .JlpRI,1.. ~~~T~11zr.</;~ Flora Kous onmbus ,1973,before me,the subscribe , a Notary Public,personally appeared the within named party and in I due form of law acknowledged the within Receipt to be her act and deed,and desires the same to be recorded as such. Ny Commission Expires:N.P.SEAL: ,,0.1 I ~j ,1 IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY.PENNq. ORPHANS'COURT DIVISION ANGELOS KARAVOLAS, Monday,September 14,1970,at 1:30 0'clock P.M'I' EDST. THE HONORABLE P.VINCENT MARINO ..Jucge of the said Court.' •MURPHY &FRANCE,ESQS.,of Charlerc::i,Penn..,., representing the Accountant, No.1387 of 1969 ) ) ) ) ) ) ) HEARING ON AUDIT--. ESTATE OF Deceased. BEFORE: TIME: IN RE: APPEARANCES: .~ lCl e , I(z I(>..... ;IIzz;II:L i::>..:llz -(I i:'III(~ ......"\ Ji ;II e :5 ..JI( jj D:J., ~DI are M~rphy &France.Mr.France? Karavolas,,deceased.The Executor is Peter Scrip and the a:torneys Spyridon Greek Orthodox Church of Monessen in the amount of $~.OO.00 which will be paid unless there is some objection by the Commonwealth. Number 1,387 of 1969,the estate of Angelos There is a charitable bequest in this estatE to St. ~THE COURT:~II:~IIIII: ~II::JDU...~MR.FRANCE: ii:II.::> e There are no other claims against the estate and the papers are all in order. THE COURT:All right.Is there anyone else in Court interested in this decedent's estate? 2?AI·rqor C:L G0!ccpmqr-:,:-.JDLrrt 0;,:J'J "Df'~nGtt ~ll ~':;";81,'fjtl~()':.:t:~.),).\)'j •! 1-.._..__~'10"_ . \\!lIe;!fiffj ft :.lS"fQ rtOT0P 8 ~l],",L;;f,'8o~t'r;0,,1 C;(::;n<')J:p;,pG COl.'!I).."1fW CS'~H1' COLB].: tI I-"., " ...If;F :1 .~. i; l' e I.;1 I- ! 'T", '.. ,~ '; r~.II.:!\l T::,,: ~;..D8J.·," :/pJJ'-'9'1'26~.{6i..Ui}6L 1~;> " -;\"" LebLG;:-,UHUfl.HJS VCr-Of,HJp=Uf' 1'JilHL'~A'~l.BliVoCF','Sa02'>0';.CjJSLrI"'J(i ~UDS~'> 01;lJ:,-:'?S'Iq r:OIlt.~'• J..RE HGItlOPVIif''S p..'AJli:(;:,L1J.;t'PlHIJI10"'lIlt'J~t:; " 'JJ .'i \.LA PF:,:..~~. ) ) ) } ) ) ) ".t· " " o. THE COURT: .Court. The audit of t~is account iso~dered closed by the (AUDIT CLOSED ), ." The (--tolna teeord of the ptocee<ti'P upon the h...luaot the J ..;,(; aiII:III~..~abOVe e.ua.ls bf)reby approved amt dtrect~to befl!ed. III . a: I-a:joo... <l:Uii:II.o ".. / " /--":;] [J ) ',>_c/J (",) J IN T,E COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ,OR.PHANS'COURT DIVISION II I I I IN RE: ESTAT2 OF AfGELOS KARAiOLAS,[eceased. ) J ) ) ) NO.36-69-138; NOTICE OF TAKING DEPOSITION ON ORAL EXAMINATION UNDER PA.R.C.P.No.400~(c) Dotice is given herewith that pursuant 1.0 Pa.R.C.P.No.4003, I II II I the de~ositicn of ART~uR I.MURPHY,JR."M.D.,will be taken on oral examination at Dr.Murph}'s office at MAGEE-WOMENS HOSPITAL,Forbes and Halket,Pittsburgh, PEnnsylvania,for 8se at trial on WEDNESDAY,MARCH lJ,1971 at 2:30 o'clock,P.M. ', and at any anj all adjournments thereof.The deposi~ion will be reported by Florence Dast3,385 Terrace Avenue, I', of a CJpy thereof. cccept service of the within Notice of Taking Jeposition and acknowledge Ii ~/JiJ~ Jac~H.Fra~ce,Esquire At:t rney fo:'the Estate ' .c.,1971 Al'J)NOW,to wit,this 54 day of __~~_...:..-__,1971,I March II IDated: I IherebY 'Ireceipt 1 .'ir!dfd 3Il/~.~~~~rL~'~..I·fh-·~tL ~~w--I c/.t ~.1 ' I r 1"01111 No.nC':::-6Z(J2-6f)THIS F')RM RE~:''IREDI~ALL ESTATES WITH GROSS.ASSETS UNDER $10,000.U!"DER SECTION 701 OF ACT OF JUNE 16.1981.J EF~~CTIVE JA~UAf;.Y 1.1962.(FILE IN DUPUCATE WITH COPY OF WILL ::rTACHED)_/' ' ;;..',•"(p ·3 .-~.1,-I !3 g 1 :c'*'-OFFICE OF THE REGISTER OF WILLS C t f Was})';ngton 'oun yo., ,\-r."i .,,"I ••••, , , , , • , """,;,'"",."""of .~.6.:l..;aQW••~t~.~~:t.,..S.tockda~e,...Eenna •... (Name),(Addre88) being duly .s_Wo..r:n .according to law,deposes and says that he is the E.~~_€u.t.Qr _ (Exec"Adm.,Legalee,EIC.) of the es:ate oL ~l1g~J:Q :K9..~g.Y..Q_~_~HL whose last residence was R9__:hJ:_~.Q9__g __S_t*_e(--§-t)-----------------------(No.)Sneel .s_to_~k.d.al_e~__E~.nn_a .....deceased,and that the whole of the estate of said decedent,who died _.P..~f:__•~I l~_9_~_ (Gil',3~rouih or Township),(Dale) consis,:ed of: REAL PROPERTY REAL PllOPERTY IN PENNSYLVANIA.WITH STATEMENT OF MORTGAGE ENCUMBRANeES UPON EACH PARCEL AT DEATH OF DECEDENT, WHERE PROPERTY 3:ELD AS JOINT TENANT.OR TENANCY BY ENTIRETIES.GIVE NAMES.ADDRESSES AND RELA.~IONS~IP OF OTHER OWNERS, RealEsUrte Estimated Value None ..~ ., ~. , , . - "'. ... Personal Property U.s.Coupon BO::1d $842.00 \ -~~rlV;IrH"'C::n d-M""l 1 nn "R;:'Ink C'h;:'lrl ""rn;Off;,..""4.093 00 ,M;C::f"'I">ll;;:.n""nnc::r'."lc::h .-'326 oo}-., .-....,,. . . -,.", l.•_____ .------ TOTAL $5,261.00 NOTE:You may exp03dite the processing of this return by filing with it,and as a part of the return, letters from financial :.nstitutions or mortgage holders,certifying'to amomts on deposit or owed by the i deceden1 E.S of :he date of death.Such letters must be signed by a responsible officer of the finanqial institution or.mortgage holder and indicate clearly amounts of principal and interest in the decedent's account at be :late 0:death and the type of account,account number and the exact name or names in which the ccooun:is rer;istered. Jointly Held Property " .~ Estimated Value'.., Transfers within TWO YEARS Prior to Death NONE :.i' ., J, ) ~'." ."'\' That at the time of death there was no safe deposit box registered ih decedent's individual name,or jointly with,or as agent or deputy of ,another,or in decedent's individual name,with right of access by another as agent or deputy,with the exception of the following:- NAME AND ADDRESS OF BANK OR OTHER INSTITUTION THIS SAFE DEPOSIT BOX RENTED RELATIONSHIP OF JOINT 1 IN WHICH DECEDENT RENTED A SAFE DEPOSIT BOX IN NAME OR NAMES OF HOLDERS TO DECEDENT NONE ,BENEFICIARIES BENEFICIARIES AND ADDRESSES - RELATIONSHIP SURVIVED AGE OF LIFE (If step-children or DECEDENT TENANTS OR INTEREST OF (State full names of all and their'a<!dresses who have illegitimate children STATE YES ANNUITANTS BENEFICIARY an interest,vested,contingent orotherwise,in estate.)are involved,set ,OR NO AT DEATH OF IN ESTATE •"forth this fact.)':'.DECEDENT < ~~•.;:)!?yrl.UOn ureeK :ur'Cnouox None Vt=>P.~c;Oo 00ofMonessenPennaFloraKoussonbusIsSOOFurlonaAve••Roscoe Prl None Yes 00 .Peter .scrip None Yes Entire remainderqol.,tlOW ;:)'Cree'C,::;'COCKaal.e,~a~ '. " :.... ,,. .'. E.. RE~DENT DE,CEDENT DEBTS AND DEDUCTIONS,:CLAIMED ,Funeral expenses paid ',Rut~"1 Eckert NOTE:;List tirst five item~in the.spaces so provided,observe notations thereon,and instructions <~.~~~~:~~~~D~.:::E~.::::::':B~T~O~R~~C~L~A~I~M~:~:~=~=~:~~~~~,~~:~~~N~A~T~U~R~=E:.-_::':O~F~~S~A~M;E;,=:~~:::~==::==A=M~=O=U~N~Tt==:T=H-IS--C---:O-L-U-M-N-ttEGISTER ONLY $1.270 0($ Non.:> -"" Family exemption (will not be allowed unless decedent died residing with a spouse ':>1'children. Administration Expenses * Counsel fees * 16 .260 or: or: None Fiduciary commission * 01fHER DEETS ANEl CLAIMS (*)See Note below WasbingtonCounty Report.,Estate Notice 14 OC Observe~Reporter Estate Notice 14 OC Allegheny 'General H~p.Last 'Illness 3 2C Joh~G.Sb~gely,M.D.-Medical Consultation 48 OC .Dr.Mu.r?hy Medical Expense 35 OC West.,Pe:1n PoweI:Last electric bill 8 OC John Gu~z:Le Trash removal 25 OC Total S1.693 2( ..4.61 Bow..Str.ee.t '. (Street Number) ..S.t;9.c;:KQ.~;L.~,1.,~~.I).nCil.o(. (City or Town and State) Note:The es-:ate aip'~es to adNise the Register of Wills if the amount actually paid in settlement of any fee,-commission oi'debt is greater or I ~ss than tho:estimat=!d amour*;claimed and,allowed.-,~//'~...,~~ ..'".-??/Vet -V ..L//-L ~Sub!1c.Iba:l a.,d 51."'01 n to b.,fore me bls t;::?S"P,"i ','. . . . • . • . ...•..~~.,•..,.•..•..,.. i ,(/'.';-.I'.(Executor-)(,) ..............~':~"."'"da)o of ....."....f!I:1.~......,1970.~,P(~ri~!1~~~···········r "CJl~r:e~j:,(\,.'3s'1:ington 'County,PerIna. M~~9R'J.'.'~.~(".i 'F,p'res Marc'h 2S:n9;2 /,-.''-.",,-":'" ..~~~~~~.~~'.~~~~~~I~~i.~gd::::~'..1.~~.~~~.~~~certify that the above appraisement is made in conformity with law on this. _:.1.~~/~~.~-~7'~.A:pprRiser In the e"en,that al:.Y future interest in this estate is transfelTed in possession 01'enjoyment te collateral heirs of the ecedent after the expiration of an~estate for life 01'fo'r years,the Commonwealth hereby expressly reserves the right to apprais~and assess transfer'inheri- tance taxeE at.th.·lawful collateral rate on any such future interest.' REPORT OF THE TER 0 WILL I,the undeniguci <illy elected Register of Wills in'and for.. . . . ....~Cou ty,Pennsylvania,do respectfully report that I have allo;ved debts anti deductions in the amounts claimed by deponent,ex )~those items wher.greater or lesser amount is set forth in -.he last .'olumn to the right in said schedule aQove,which greater or lesse amorr;;;esents th ed as a deduction. Dated,.....•~..a./,7/..,).'\ii.g.;.;;~iWill;..J:J .~:, MATTER OF THE APPRAISEMENT FOl1n No.RCC-62 (12-66) (.'\,,~ r:".c.:...., ~[,t:;~' I "":~~~\ to",~'' r.,(~~. -- ~'~ r~ \" :ef ,;"-"- , '~r~...".~{,~.."'./'//(i::1'- .~" IN THE }No,../;1%1.Year ··~lWill Administration.,'". L.1) '-' l I' .', I:' "m ·l () OF THE "ESTATE:OF 1,'1 0' ...~I}I~E;~P..J;q\MVQ~P.. Deceased ,......,""}.,eo.'. •.~'\'io$.'-':'~ Late of '..13.Q:ro.w~'h..Qf:.St:P.G,Js;~ql.e....~.~!~ca ,l~ 'PT'.~.c;.,r-~f\,~~c.,0 ,\\.-'",............~." C t f ':Mrg1i~:bngto~:.~.;.oun yo ...':;i:'.-.,:'i-"""'•.••.••."""'.'••••••c<.~\r""'~~'~,?","-0 Commonwealth til ~enifsy:lvaniif d--,,4",'.1'c:~>.'v-> o~-p..9'?;i t.f'-REPO~T ~~)fpPRAtS'AL '1>. :~. MURPHY AND FRANCE Attorneys at .Law 308 Fallowfield Ave. ..Charleroi,,Penna.15022 .' <, ti:~ C ....."'·i :r (.' r ~.'~ R C:-81 (2-6<U COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS INHERITANCE TAX DIVISION NOTICE OF FILING OF APPRAISEMENT PETER SCRIP IN YOUR REPLY PLEA.E REFER TO 38-33-1 ) Dear Jln Re:Estate of__-,--A_N_G_E_iL....,:....O_K_A_RA_V_O_L_A_S__~_ ______'.....;'lA~S.:..::H~I~N;..::G_=T:...:O;..::N..:__County - FHe No. Sir: 63-69-1387 You are hereby notified that the or]g:i na,l appraisElllent in the estate of AnO'elo KaravolaWhasbee:r:filed in the office of the Register of'Wills qf :ashington County en Al'gllSt 3,'19-ZQ.Said appraisement reflects the followi:r:g valuations: Re aI Estate -----'--------:::r-=-:=--..--- Personal property ~5~,~2~6~1~~~O~O~__ Transfers ---:.--=-:::,.,......-:-~-- TotaI --.-----:.......:S:..;.L..:2::.:6~1~.O~O::::..-_ As to such tax that is paid within three months·from date of death,a five (5%)percent discount is allowable.As to any ~ax 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. Date A_u_g.....;u_s_t__3..;.,_1_9_7_0 _Signed Title ~~..CHIEF APPRAI R_ DATE OF DEATH: Note:This is not a bill. Dec.9,1969 R,C C-39'(5-68) COMMOHWEAL-H OF PENNS....LVANIA TRANSFER INt-ERITANCE TAX RESIDEHT DECEDENT SUMMARY Estate of KARAVOLAS ANGELO ·:Last "'lame)(First Name)(Initial) DATE OP DEATH_1_2_-_9_-_6_9_PILE N.O.63-69-13g7 REPORT OP INHERITANCE TAX APPRAISE~ ~vASHINGTONI,the ulldersigned dllly appointed Inheritance Tax Appraiser in and for the County of _ Pennsylvania,do respectf-llly report that I have appraised the real and personal property as reported in the foregoing return at the values set forth oppos te each item in the last column to the right in Schedules "A""B", "C",,and "E". Dated,.OB-ll3-70 ~---~INHE~IUNCETAX~P REPORT OP THE REGISTER OF WILLS I,the u.dersigned dJly elected Register of Wills in and for IvASHINGTON County,Pennsylvania,do respect- fully re,ort tlut I have albwed 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 greate.or ser amount represents the sum allowed as a .eduction. Dated:08-)3-70 5 261 00 5,261 OD 1.693 20 '3,567;80 $ 5.261 00 5,:l01 00 1.693.20 3,567 80 VALUE AS REPORTED VALUE AS APPRAISED VALUE AS REAPPRAISED $$-------+-- INVENTORY Real PlJperty (Schedule A) Persona]prol=erty (Schedule B) Transfe~s (Sclaedule C) Joint-Held PlOperty (Schedule E) TOT!\L GE:.OSS ASSET) Less Debts aad Deductions (SCHEDULE F) CLEAR VALUE OF ESTATE Valuatien of life estates ar annuities ••~.• • • • • • • • • • • • • • •$---J!_ ESTATE TAX ASSESSMENTS $C -E -t=.. FOR USE OF REGISTER ONLY Tax on $---------4--2% Tax on $---------4--6% Tax on $-----------+--5% Tax on $---------4--~ Taxon $~ Exemptions * Total Estate --1-__ TOTAL TAX COMPUTATION OF TAX $-------+--- $--------+--- $-------+-- $-------+-- $-------+--- $--------'---- (*)As evidenced by Charitable Exemption Certificates issued by the Secretary of Revenue. L;ss tlLll previously'paid BALANCE Less 5S of tax if paid winin 3 mon tns after death BALANCE OF INHERITA'lCE TAX DUE $L Add interest ct rate of 6%from _____to $------ AMOUNT OF ESTATE TAX ASSESSED $--------1L-- Estate -.ax pa:d $L- BALAI'CE DUE $----__,_ Add interest H ra te of 6%from t= ------lto-----$--------1. TOTAL TAX BALANCE $------1PAID$...J FOR USE OF REGISTER ONLY ADJUSTMENTS NOTE:Where subsequent adjustments are made to the above computation of tax by the I.egister of Wills,for proper reason, same should be neted below,with short explanation. Will Administration !No . IN THE Year . MATTER OF THE APPRAISEMENT OF THE ESTATE OF Deceased Late of . County of Commonwealth of Pennsylvania REPORT AND APPRAISAL '-- .. t i' Fonn FCC-2 .., DEPARTMENT OF REVENUE BUREAU OF COUNTY COLUCTIONs RARRISf·URG.PENNA.17 1Z7 COMMONWEALTH OF PENNSYLVANIA RESIDENT INHERITANCE TAX '..~APPRAISEMENT- DATE ~.~.~.~.~..~~..'.~.~..?..~. COUNTY·~:~;~~~I.:I..~..~gT9..~. FILE NO•..................§.}..:..§..~..:.l,;3,..??. Whereas,A.~9.:~.~.9.~~.A~.Y.Q~A.~late of ~.T.9.9J\.P..AL.~. in the County of Iv.ASH.I.N.G.T.QN.Commonwealth of Pennsylvania,having died on the Q.lh day of p..~.CJ~mb..~x 19 .6.~seized and possessed of an estate sutject to Inheritance Tax under the laws of the Commonwealth of Pennsyl-,ania; Therefore,I,_y.~g..~9..~.~X ,an appraiser duly appointed according to law, ha~ing been design.ated to make a fair and conscionable appraisement of the said estate,and to assess and fbc the cash value of ali 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 enjo~ent to collateral heirs of the decedent after the ~xpirat1on of any es:ate for Ufe or for years.the Commonwealth hereby expressly reser\'l!s the right to appraise and assess transfer inheritance taxes at the lawful collateral rate on any such future interest. Unit Appraisement Description of Ass.t Values Made for Inh.rlta.,ce Tax Purpo••s $ REALlY: NONE PERSONALTY: As per appraisement filed 5,261 00 TOTAL .S 2f;1 CO , -' ,•.1 t~)..{~'":'.. 1 \ -",~~~~~~(-.,,~4.~.-t.:':~::::~~~,Penna. lvASHINGTQN...................County.................................................................... RESIDENT INHERITANCE TAX APPRAISEMENT Estate of ANGELO~KARAVOLAS.........................................................,". Deceased. Late of STOCKDALE Date of Death,p..~.G.~.rop..~.r.9...J l9.69 Appraisemel!t Docket Vol.,;?.~. Pa e 33-1 T 63-69-1387g,No. Filed in Register's Office,!.~.':l..~..~}19...70 Amount of tax due,$. DEPARTMENT OF REVENUE Received, Examined and Approved,. Wrote abo.llt Appra.isement,. Appeal f,.om Appraisement,. Entered and charged,. .", ".T ,f.~ .' •u 0-• "'RCC-3'(1-59) COMMOI"WEAL::H OF PENNSYLVANIA, DEPARTMENT OF REVElolUE' BUREAll OF .COUNTY COLLECTIONS, APPLICATION FOR CHARITABLE EXEMPTION FROM PENNSYLVANIA TRANSFER INHERITANCE TAX (Act of May 28,1956,P.L.1757,and Act of June 15,1961, P.L.373,as amended) Appl ca tior is hereby f led for th e approvaI of an]exem Jtion from Pennsylvania Transfer Inheritanc~Tax on the transfer of the property described ~elow: 1.Bureau File #_ 2.Date of Death -l2-!!1:.~s..""'___l.1_·..L1..L1~1e~_,71__------J 3.Date of Approval _--.:._ 4.Name of Decedent 5.T,e Co.,monwealth's appraised value of the property for which an exemption is clc:imed is $S't!)O.C1" (t-:ote:INhere the pnperty is other'than a specified amount of cash,the exemption cannot be approved until the value of the prol=erty has been established by appraisal by the Commonwealth,except in th'Jse cases where the amount of the gift 01 bequest represent:s a stated fractional'or percentage portion ~f the entire estate or the entire residue.In those cases ellter sl:oCh fractiona or percentag.e amount above). 6.C!leek t,e manner in which the transfer was effected and submit a copy of the dOCl.ment authorizing the transfer,unless .-sl:ch'mate1'ial-has'been pre~iously fi,led.' WILL ~;tEED 0;TRUST INDENTURE 0;SURVIVORSHI?0;OTHE'R'0; (It other.explain)_ 7.Cc,rrect Business Name and Address of Charitable Organization receiving property:' NAM E__S_A..:::J..-'-'LiN=-iT-'---_S_P..J-Y...:-I?---=r_j)_IJ_#__G-=--/(_e_t;--'I('-------=C!J_RT;~N_=_:J...L_f3=_'lJ.....:.:'I.__c----'H----'u_R._C-=:'_11.:.....-__ ADDRESS_-----'/L--I1....:..-p~JV::........::...£~:>::::...-s~-C:..LA!:..=._...,.-----___Ie~4+-----------------_ /' 8.I certify that the infcrmation contained herein is,to the best of my knowledge and Ioelief,true and correct. 17 Officiaillitie ~~~.'tl This brm m'lISt be complet3d in triplicate and all three copies delivered to the Register of Wills for the County in which the decedent reside:!,or ir which letter,were issued for a non-resident decedent's estate.If the decedent ""as a non.resident of Pennsylvania and letters were ,Dot issued by CI Pennsylvania Register of Wi lis,deliver all three copies to the Dire·ctor,Bureau of County Collections, Penna Depaltment of Revenue,26 S.4th Street,Harrisburg,Pa. Do not write below this line·For Official Use Only Appro"'ed:F or he Secretary of Revenue (Oat;of Approval) Referred to Bureau Headquarters (Initials of Register of Wills) (County) (Date of Referral) MUST BE FILED IN TRIPLICATE Approved 0 For Secretary af RevenUE Denied*0 (Authori zed Signature) (Title) (Date of Action) *See reverse side for reasons .. ",r.'-,:~:~',.,. This section will be compl eted by Bureau Headquarters only when the application for exemption has b'een denied." '1'•• Date:__~~ The application for exemption contained on the face of this form has been denied because _ Note:Any party in interest,including the Commonwealth,aggrieved by'this action .:nay withi!l si.xtyJ6Q)d'ays after the date of this notice'exercise their rights 'of Protest,Notice,or Appeal in accordance with the provisions of applicable Pennsylvania Inheritance and Estate Tax Acts. IN THE COURT OF COM.lv.10N PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION ANGELOS KARAVOLAS, No.1387 of 1969·e ==:::-..>u.... Uto. Cl-e!2 iG•~..!:II:..u:Ce_CI§ C :lI..,... '" IN RE: ESTATE OF Deceased . BEFORE: } } } } } } } HEARING ON WILL CONTEST CENT MARINO, of Washingt "',A~"rV1'3c.!,y:Vt7JU'J YYJ C0;111H~A'·,\·,'tI )c;;i,T...JcrYlc"i~~/*,:',~o ·Ti.~Ut:'_'.:HT :II ( ( ( ( TIME: THE HONORABLE P'.VI Judge of the said Court. SANFORD S.FINDERI ESQ. Pa'l representing the Estate. JACK H.FRANCEI ESQ'I of the fi Murphy &France of Charleroil Penna. representing the Respondentl Peter Scrip. TuesdaYI November 231 19711 at 10:00 o'clock A.M••EST. INDEX TO WITHIN TRANSCRIPT WITNESS Direct Cross Redirect RUSSELL MARINO 5 6 SA M KA RA VOLAS 8 19 EVELYN JOHNSON 31 39 ~ -:ANTHONY RYGELSKI '42 51;...:-•CATHERINE KARAVOLAS 54 61•L II f?AMUEL BELL 66 71..• i FLORA BELL 78 84 -:;: .:CAROL BYRNE 92 95 l;I2.. !:!RALPH ROZZI 99 101II...-:Ii AUGUST L.SISMONDO,ESQ.10~L 107II :J"'t GEORGIA DUFA LO 109 111• IiI:BILLIE UNIK 113•..I:0 L PETER SCRIP 117 1241.1 I:..I::l DR.OWEN BENTON 134 145 15400...«JACK FRANCE,ESQ.:j 154 157 Lr.;. ) CATHERINE KARAVOLAS 170 (Recalled) -1EXHIBITS Proponent's Exhibits: Exhibit A - !.(.. J II ;Exhibit B - IIL. :>, !: I:, ~ Photostat copy of the Last Will and Testament of Angelos Karavolas,dated October 6.1969. Paper with pencil handwriting on it. lV1R.FRANCE:Your Honor has set this as the time in hear ng a Will Contest in the estate of Angelo Karavolas,Deceased.Has there been a bond posted in this estate with the papers? MR.FINDER:The bond was filed with Transamerican Insurance. on behalf of Transamerican Insurance Company,the surety. the bond,in as much as there is no Powe r of Attorney attached We will enter an obj ection to the form of to the bond showing that any parties were entitled to sign the bond: I•~• :;MR.FRANCE: :c:-.II:-II iiL .0~THE COURT:We believe that that is correct,Mr.Franc But we will permit the matter to continue as scheduled and we will allow five days to reform the bond in accordance with the provisions of the relevant Act of Assembly. time.of the motion there had been no bond filed within the ten day We also wish to have a ruling,if we might, The motion to quash is denied;exception of the appeal. to on our motion/quash filed in this for,among other reasons,at th t- al MR.FRANCE:IiI:•toI:•L•II: ~II:::lIIo..0(;:; E THE COURT:10 noted. MR.FRANCE:Your Honor,for the record,that's not the only reason we had set forth in our motion to quash.We don't want to be limited to our motion in Court. THE COURT:You are not limited by the Court's ruling. MR.FRANCE:That's all the reasons set forth in our mot'n ______-I~-------------~b!:!UI...:;:s~s~e'-:!:lo!..l....:.l:!:!vl.~a~r...!:.i~nQ~~__.::!.5_ to quash as filed are our reasons we would set forth here today. THE COURT:Very well. lVJ.R.FRANCE:Russ ell lViarino. DIRECT EXAlviINATION BY.lv.lR.FRANCE: A I do. A Yes. A Yes. Do you have the Application for the probate of onel Angelos Karavolas? Russell Marinol Register of Willsl Washington County.. iFortherecordlMr..lviarinol please state your name and occupat"on. RUSSELL .lvJ.ARINO IS CALLED AND DULY SWORN. you today? Q What is the date of his Will that you probated? Q Did you probate the Will of Angelos Karavolas? Q And do you have the papers in the probate of that estate here with Q A Q • :! :c:-oJ:-10·i:L·00..e i -=:e..•c~!!•oJ-:~ c~." ..... CiE:U..E:~..~..l,=:-II: ;) :IJ ~~ L L:I A The date of the probate? Q The date of the'Will,sir. A The 6th day of October,1969. (Stenographer marks Proponent's Exhibit "A "). Q I show you what has been marked for identification as Proponent' uss ell Marj.no E~_ Exhibit "A"and ask you.if this is a Xerox copy of the Will that you admitted to probate? A It is. Q I move the admission into evidence of the Proponent's Exhibit "AII so that Mr.lV.1.arino be allowed to keep in his custody and possession incorporated by reference • The records of the Register of Wills Office are naturally part of this proceeding.And they are the original of the Will probated in this estate. We have no objection to that.lV.l.R.FINDER: .. z..> ): IfZ2...III ZCl-I!!2iIf.. ~ of the record. they are,but we will receive for accommodation purposes the exhibit in evidence and make it part ..=!::II:t-!!!a...«~a:J... :r:I:N THE COURT:Yes.We can recognize th t uiII:E Q 'lhank you.Cross examine. ea.IIIII: t-Il::J B CROSS EXAMINATION BY MR.FINDER: ~uif Q I don't think we have the date of probate.Will you give us that, () lVlr.lV.l.arino? A The date of probate is ~he 23rd day of December,1969. Q Thank you.That's all.And what is the date of death given in the Application? A The 9th day of December,1969. MH.FRANCE:Does the Court have any questions? THE COURT: lVJ.R.F RA NCE: No quesEi<D;ms:;•• If it please,Your Honor.we believe that the burden 7 of going forward with the evidence and the burden of proof is now on the Contestants in this Will. record we would make a motion.if we are resting at this point" shifted just by proving the probate.so that for the purpose of the c 2c ~ >II:i! :i!..D THE COURT: .lviR.FINDER: I think that is correct• Well.for the record.we don't think the burden has: on the Proponent's burden,to sustain the appeal on the grounds that the Proponents have not shown enough to show the due execution ..!:of the Will.They ha ve only proven probate. D..II C THE COURT:That is a matter for counsel to determine whether c !: C II DII..IlCCIIC..Il Cl or not they wish at this time to prove the due execution of the Will. There are.as the Cou rt notes.two attesting witnesses to the Will . And the Will has been duly probated and it is up to couns el as to whether they wish to put in any evidence at this time concerning the due execution. c L ii MR.FRANCE:..c It is our understanding of the iaw that we have gone as far as we need to to shift the burden of going forward in the evidence and the burden of proof remains with the Contestant. and they have the burden of going forward with the evidence. probate having been proven. THE COURT:The Court rules the probate of this Will having been proven,that the burden of going forward with the evidence Sam Karavolas shifts to the other side. 8 MR.FINDER:We will call at this time Sam Karavolas. SAM KARAVOLAS IS CALLED AND DULY SWORN. c :lI DIRECT EXAlv.LINATION BY MR.FINDER: c ~ ):~Q ;;; \III;;;AcI-l :0 Q :III.. A t A c Ii Acu~~Quc ~A;)o~ .~Q tii:L00 A Q Your name is Sam Karavolas ? Yes. A nd where do you livel sir? 403 Railroad Street,Stockdalel Pa. How old are you,Mr.Karavolas? 71. What is your relationship to Angelos Karavolas? Brother. And where were you bornl lV.Lr.Karavolas? Greece. At the time you were born and the time you grew UPI was Angelos living with you in Greece at that time? He did. Did you ha ve any other brothers or sisters other than :.AngeIos·::, Karavolas? A We got a sister in Greece. Q Will you tell us her nam e? Q A Q A Q A"z "::-Q>~zz A..II Zc Q.. I:ZifIl A..~..Q!:II:..U" c A <I L C Q :Il-I'-'" U"IIII A..II:CIII II; QII..!!! CL <I t.:Aii:I.l.C Q A Q ,A Sam Karav~las A nd where does she live in Greece? She live in.monastery.She's a nun. What is her name in the monastery?What's her name? Vrieni. And in addition to that sister did you have any other brothers? Four brothers. Will you :Jell us their names? There was Harry,Mike,Angelos,Nick,and l.I~,make it five. So there were six children in the family all together • More than six.The sister is dead. You have a dead sister.When did she die? Around '49,'50. At the time of Angelos'death in December of '69,who were his only living brothers and sis ters at that time? Before '69 or after? On the date of Angelos'death,how many brothers and sisters we e still living? Just me and Angelos,brothers;and one sister,one still live tod The one who is in the monastery? Yes. Can you tell us when Mike and Harry and Nick,those are your ot er three brothers,when did they die? One,Nick die in '59;and Mike in 127,1927;and Harry,1922,'2 or '22. Sam Karavolas Q Did any of your deceased brothers or sisters have any children at the time of their death? 10 A Q A co Q zco>A): lI' ZZ..QIII Z C..AC!Z 1:If'4 Q3: .,.: t;AII:l-ll: C ..J Q~!::c: :I:..r-'"A ai II:II.I-QItCII.II..It I-!!; Ct.:A..Jc( Ui.:QII..a A Q A Q A Q My brother .lv.l.ike,he had two girls and one boy. Are those three children still living? Still living. Will you give us their names and addresses? Kardamily. Give us their names now. Eugenia,Stella and John. And they live in Greece now? Yes. So in addition to you and your sister,there were these two ni:~'ces", and a nephew. Yes. Those were the only relations then that Angelos Karavolas had a the time of his death,blood relations. Yes . Was Angglos married in his lifetime? No. When did Angelos come to this country? Late in 1917 or !l8.I can't remember. And he lived in this country up until the time he died? Right. And did he become a United States citizen? Q A am Karavolas He did. Tell us abou tAngelos'ability to speak English What was it like?,. ' .I It never was too good.He was hard to urrl erstand before the operation and it get bad after the operation. Did he write and re~d English? I ho.think write.He might read a few·words,you know,but not too much;not enough to do any business. Did he communicate with his nieces and nephews and a sister in Greece during his lifetime? Yes. And how 'W)uld he have letters sent,do you know? 11 Somebody else have to write for him.I did write,my wife did w .te for him from Angelos and me,and Gus Pagonis down in Charler or his wife,they w rote letters. Could Angelos write Greek at all ? No,he don't.He can write his name,but hard to read it. You mentioned an operation he had.Was that in 1959? Right. And what was the nature of the operation that he had?What did they do? A They remove his organ,you know,that makes you talk. Q Do you mean his larynx? A The larynx. Q And was he given any device by which he was supposed to be abl tc Sam Karavolas communicate with people? 12 A Q A e Q c ;;c ):A II;a;a..II Zc Ql-ezia:.. 3: .,:Aua:l-Ull Q..<; ~ OJ Q;)0.... %',., "(Of ma:lit AI-a:0LIIIa:QI-a:;) 0u..«U ii:AIL0 e Q. A Q A Q He did get a device,some kind like a battery under his neck,in hfre I He got a device that he used to put under his neck? Over here under the chin. Now after he started to use this vibrator,will you tell the Court, was he easy or hard to understand? He was hard to understand.And we took him to the teacher,trying to make him learn. Did he ever learn how to use this vibrator so thatyou could under stand him clearly? Well,it was very bad before the operation and it get worse,like I said,after the operation;hard to understand him . What language did he use mostly in communicatingl for instancel with you? Greek. Now I think you said he spoke broken English before the ope ratio and how did the us e of the vibrator affect his us e of broken Engli Well,he was bad in talking.I was the closest one to him and it took me two or three years. Did he continue to work after the operation in 1959? Maybe about four or five months. And at that time what kind of business did he havel Mr.Karavol c? Barroom. He had a barroom? A Yes. Q What did he do with the barroom four or five months after the operation? Sold it. Where did he live from then on? The same place.~03 Railroad Street. Now W1 ere did he live on 403 Railroad Street? Angelos .? Yes.where?Upstairs.downstairs? He was live on the second floor. And how many rooms did he have on the second floor? Three.four rooms. A nd where did you and your wife live? Downstairs on the first floor. 13 And after this operation did you notice any other change in him.o.her than the difficulty in speaking? After openation everybody notice that. Noticed what? You couldn1t understand him. Other than not understanqing him.did you notice any other chang in Angelos? A Well.he never appreciate anything. Q What do you.mean? A If I have to do something good.he still no appreciation.If I donI Sam Karavolas do it at all,still mutte-ring about something. Q Did you notice any change in him physically or mentally after that? What did he do? A He leave the water on and run on the sink,just waste it.And I WEnt to the kitchen there and I tell him,"Why didn't you close the water c :;;.. ): 01 :i! :i!..II ZCI-~Z :t..Q.. 3: tiii:l-en-iii AJ«U; ii:>.,. x..."Q... cDlI:III Al-ll:0LIIIlI:Ql-ll:::J0U..0( ij ii:A....0 QeA Q A Q instead of waste it?"He just laughing at me.And I went over and close it and I sa~d,"Save some money because that cost a lot of money,$50.00,$54.00 in three months of water."Only two peop e and he's three.That's all was living there. When you say he turned the water on,will you explain to the Cou what he would do? Just sitting and watching.When I get in there hels laughing at me and he say,just like that,he didn't pay no attention. How could you tell the water was on? You can hear the water running. Wnen you went upstairs to see where the water was running wher was it tha t he was running the water? In Angelos I quarters. Where,the kitchen,bathroom?Where? In the kitchen. Would there be anything in the sink where he was running the wat r? Nothing.The sink was,you know,clear. As a result of this practice of turning on the water,what happene - in the house?Did it ever run over? _______n -b~a!:.!ml.!_.:K,aravolas 15 A It run over and it went in the ceiling and we have to put a new ceilrng~ And two weeks after he done that again.And we just lucky enough'not to get any damage~because we went upstairs with the mop and kicked much of the water out of the way. Q When'you went uBstairs with the mop where was all this water yot: were cleaning up? A Q I/ija:~Aa:()oa.,IIIlr l-ll:' ::J'oo ..I>( U~Qo A Q A Q A Q On his kitchen.We just push it out,put it on the lobby. When did this happen? It was '68,aro und '68. A nd how long did he continue this habit of turning the water on an leaving it? Pretty near all the time. Was there any trouble in the year 1969 with the Fire Department down there? Well,in '69 I was in Greece visiting and I came back,two firem . , they was telling me,you knowI Angelos do this and that.And 'then I asked my wife. You wife saw this? Yes. You didn't see any of this? No~I didn't see that,but I hear about. Between 1958 and 1969 was Angelos under any doctor's care? Angelos was. Do you know what doctor took care of him? Sam Karavolas 16 A Dr.Francis.And the doctor in Cm.rleroi.they took him to Charl ro"_ once.And I went down to see him and he was strapped on a chair. I mean on the bed.They have strap on his hands and they keep hi::n down.And then my wife went down and couldn't find the doctor and get the release and they took him down to Pittsburgh. <[Q z<I:>A....>-UIZz Q...D. Z0 AI-~zi: UI'Q«'~ ..:A~ lI:I-UI Q Q.J«§c A:J., :J:I-"Q<II iiiII:III Al-ll:0II.III QlI: l-ll::J0 Au .J«U Qii:lL0 When was that that he was taken to Pittsbu6 gh? I can't rec all the day. What year? It was in 168. And was he taken to a hospital in Pittsburgh? Yes. What hos pital was he in? Allegheny General. And who took him to the hospital on that occasion.do you know? Yes.My wife and ambulance from Roscoe. Who from Roscoe,an ambulance? Yes. Between 1959 and 1968 when he lad to go to the doctor's.who usually took him.sir? A 168? Q No.From 1959 to 1968 who usually took him to the doctor? A Up to '64 I was taking him to the doctor and lRyg:e.lski over there. he was taking him to the doctor.I mean in Pittsburgh. Q And after he was in the hospital in 1968 do you know what hospita Sam Karavolas in Pittsburgh he was in? Once in Charleroi Monessen. No,the one in Pittsburgh,which one? Allegheny General. Did you see him over there? Yes,I did.I see him everytime he went in. When he was in Allegheny General Hospital did you notice anythin about him when you went to see him there in 1968? Yes.It was real bad.Three of us.Dr.Murphy,Ezerski and I. Angelos was talking to doctor.Well,I listen right next to.and he was talking to him in 6reek.See.the doctor say.IICan 1t you make trim understand?II I say.IIWell,I try.II I ask him first, Ezerski first,if he can try.If I couldn't do any good,he can't d that either.Well.Edid the best I can.And then that's it. Were you abLe.~to communicate with Angelos at that time in the hospital? No.that time. 17 You say when he started to talk he was talking to the doc tor in Gr ek" Yes. And what did he do when he was home from the hospital in 1968? He was doing nothing in 168.He was just walk around.pass by. that's it. Q Now you tes tified as to the water incidents.What other odd thing did you notice about what your brother was doing after he got out of .!Sam Karavolas-------u---------------18 the hospital in 1968? A Well,you can't talk to him.I can't talk to him.Sometimes I try to talk,and the next thing I know,he turn around and go.No ans~er or nothing. Q Did he make any odd accusations at that time? starting to lead the witness.I object to that questi Did he make any accusations concerning you or your wife at that >=u:zZIII11. Zo... CJZ J:II)~Q What do you mean? MR.FRANCE: THE COURT: lVlr.Finde r,I think youI The objection is sustaine (Stenographer reads back the last question). 1-- !:!lI:...UlCi ..Jc( U C :::l., :tl:-N. uiII:11/~QoD- 11/ lI: l-ll: :::lo U A ..Jc( Uii:...o time? MH.FRANCE: THE COUR T: exception noted. Did you hear the question,sir? lVlake any-----? THE COURT: Objected to as leading. The obj ection is overrul j; Accusations.Do you hay another word he might more readily understand? Q Let me try it this way:did he say anything about what you and Just a minute,sir.Whe Objected to as leading.MR.FRANCE: THE COURT: your wife were doing to him after he got out of the ill spital in 196 ? we have an objection wait until the Court makes a Sam Karavolas 19 ruling.What was the objectionl Mr.France? lVlR.FRANCE:It's a leading question. THE com T:The question is partly leading.But it is harmless at this point.We will overrule the objection and grant an exception. CBOSS EXAlvl.INATION BY lVl.R.FRANCE: Mrs.Hammond? No. what you and your wife were doing to him? Did he say anything about I don't believe the witnes THE COURT: THE COURTi': understood the question.Would you read it again, Jld like to ask you some questions l Mr.Karavolas.Did Angelos He didn't say it to you? He never say anything like thatl not to me anyway. I think that's all the questions I have of Mr.Karavolas. (Stenographer reads back the last question). We just treat him the same like a brother,treat him good. (Stenographer reads back the last question). Q 5z <C~A>-llJZZ...a.. ze"ziUI; ..=!:! 0::I- UI a oJ~!:!a :l., :z:..~A ui0::~Qo0..11/ 0::AI-0:: :l8 Q ~ij ii:lI.o ~..- have a device that he us ed to help him to talk ? A Yes. Q Did he get that after his operation in 1959? A He took it afterl yes. Sam Karavolas Q.Do you remember how long he waited before he got this device? A Before?Not before the operation he have no device. Q Did he get it right after the operation? 2(- A I don't know what day he get it,but they give him one from Alleg ny General. A A Q c[Q z<t>...>-UJZZ \IIII. Ze ACIzi:~Q .:~ 0:.... (J) a...«~a::J "'l. :I:5 Q ui lI:~AlI:oII.IIIlI: ....lI:::JoU...« UiL QII.o Did he have it with him when he came home fr·om the hospital the time he had his voice box taken out?Did he bring it home with hirh fro m the hos pital? I believe so. Did he still have it when he died? I don't know. Did he use this device? He been using the device right along since '59. What did he use it for,sir? Just trying to form a voice because he couldn't get it from the :n.aryJJ:X'-:The vibrator help him to make a voice in his mouth.He can't form a voice.He never did form a /iiloice. He started using it in 1959 and was he using it to help·him talk up until the time he died? A It didn't give him much of a help.The school teacher give up on him. Q Did he use it? A He went to school teacher to teach him how you talk.We took hi down every Wednesday for ten or fourteen weeks to the teacher a j am Karavolas the teacher give up and say he can't learn.He just can't get the voice out of his mouth. Q Do you think that Angelos left the water running because he might be mad at you? 21 A Q A Q 2CI-Al:2 %u:Q..~ ..=u Aii:...(/II Q Q...<C~ Q A:Jo... :r..."-OIl IiII:'III Ql-ll:0LIIIlI:A..lI::J0u Q.J<l:ij ii:AIL0 Maybe. When did he first start to let the water run? He done that quite a few times.I can't count them. Did he ever act like he was mad at you for something? Not mad'..>fl.t me. He filed a law suit against you,didn't he? Yes,he did.And he was wrong. But ~el:didn't think he was wrong,did he? No.He never thought he was wrong.But he know.he was taking .the money. That was in 1965,wasn't it? Yeah. Did Angelos know what he was doing in 1965? Well,if he knew what he was doing he wouldn't do things like suing me for lowe him money;instead,he owe me money. Q When you say he wasn't right,you mean he wasn't right about what he was doing? A He was not right what he was doing.Somebody else put that into him. Q You mean he was not right in the head? A Q A Q A c :;; c,Q): UI Zz AIIIII Zc QI-~zi:UJ A<~ 1--Qua:I-!!!Q Ae..Jct§ Q :J., :I:I-"QPI ui1I:III Al-ll:0LIII1I:..1I::J0 Qu ..JctUii:AII.0 Q Sam Karavolas He wasn't right in the head when he was doing that. Did he get any worse from 1965?Did he get any worse? He didn't get any better. Can you tell me whether or not he got any worse? You can't communicate with him.I'm his brotp.er and I talk to him five or ten minutes and out he go. So he didn't get any worse then since 1965? Sure he did. He got wors e ? Yes. What do you mean?You mean you couldn't talk to him? Couldn't talk to him,couldn't understand.You can't do nothing. He can't appreciate anything. You mean he didn't want to talk to you? It ain't that.Just stop and listen and after five minutes ,maybe seven,eight minutes,without say a word,out he went. What did you try to talk to him about? Talk to him just like a brother,the regular things. You felt it wasn't unusual for you to try to talk to him about the regular th ings ? 22 A He won It lis ten to me at no time.You tell him today,he done thE same thing tonight. Q The property where you now live,did that once belong to your brother Angelos? Sam Karavolas A It belong to Angelos and Gus Pagonis. Q And who owns it now? A I do with my wife. Q And when you got it from your brother did you feel you had a promise that he would be allowed to live there for all his life? 23 A c :;; c Q): ~22 AIIIIII Zc Q...\J ZiVI<3: ...-A~lI:... l/IIi Q..Ict0Ii A:J.., :z:..r-N iiilI:11/...lI:0L11/QlI:...lI: :J0 Au ..Ict0 Qii:II.0 A Q A ,That's right. And the rent free and utilities free? That's right. Did you ever try to shut off his utilities or make him pay extra for utilities? No. Did you ever have any problem with him about your understandin ? I had a problem to understand him and I had a problem to live wit - him because he was damage the bu tiding.And anytime the water run down and the new ceiling up;it cost money. Did he ever give you any reason he'd do something like that? You can1t take no answer of that from him. Did he ever give you a reason? No. Did he ever tell you why? He never tell me,but he give me the reas on,I tell him.He wonI take it;he no answer. Q Did this all happen after 19651 the running of the water? A That was happen before 1965;164 1 '651 yeah.It was happen after 1965. 24 Q It was after 1965 this happened? A Yes. Q That's the year that the law suit was filed by your brother agains you~isnIt it ? Yeah. Not to me. What about the $35.OO? $1,000 and $35.00. And he owed you the $35.00?THECOURT: Yes. Angelos and me. $35.00 was from the business~you know,between him and I~be ween me and bringing me in the Court.And the Judge ask him,what Not to you? are you going to do with that money?He forgot one check for He had bills to pay,but Angelos had bills to pay me after suing qny bills to pay? Did your brother have any bills that you know of?Did he have A c Q 2 "> >=IfZz A....Co i 0...Q~z i: Ul Act:~ ..=~0:I-!IIQ ,.1«l>Ci~., :tI-"Q1\1 ai0:III AI-0:0LIII0: I-0:~0u...ct:Uii:AI&.0 THE COURT:What did you do about tha ? A Well.I tell the Judge,just forget about it.I say I no want any m r:.ey off of him. Q Did you manage his money for him in 1969.the year he died? A A couple hundred dollars,which he had coming to him and I give t to him. Sam Karavolas Q Now 'did ,he huy his own food? A Yeah,he bought his own food to live on. Q Would he go and buy it himself? A I don't know what he do.I know the fellow that was taking him for awhile. 25. Q <Ii Z <Ii A:> >=u:zz QIII0- Z 0 AI-0Z :c(Ill <1::~ Did he cook his food himself? Yes he did. Did he clean up his place himself mostly? I don't know which he done,how to clean it,but I know it wasn't very ht?althy. ~Q xou weren't in his apartment that much in 1969?ii: '""l/l C A Oh~yeah,quite a few times I went to the apartment.I ,had to gooJ<I:§g because the water was running through the first floor.., :t5Q(~s it your intent that the Judge find that your brother,before he died, uiII:~didn't kn~w what he was dom g? II:oII.~A I know he donlt know what he was doing.I tell him before he get-- '""II: :l8 suing me,that lowe him money and I give him the bill and I tell. oJ<I:~him,take all the bills and take it to my lawyer to add it up.An \I,o if lowe you any money I give it to you.And he go around and say I no pay him.I no give him no money.He no get any money.Th years he was taking the money hims elf,the first six months and I have to pay the rest. Q So you did that much business with him though up until the time he died? 26 A No.At the time he died the place was empty upstairs and there wasn't much income.And he was getting his share,every bit of iL Q Did Angelos have any income? A He had Social Security. Q Did the check c orne to him? ..A Yes,to him. z..~Q Do you knc;>w what he would do with it? II:z~A That's his business.Play poker,I believe sometimes. z ~Q TIluhatsal.zi:UJ~MH.FINDER:If the Court please,at this time we wou Id like with l\t.i.r.Karavolas. to move into evidence--- iii II:III~He has a couple other questions for you. oII. III~~R.FRANCE:I had something else I wanted to ask you.But I fo II::Jo U Mr.Karavolas.I thought you said that in 1968 at the Allegheny ~o~General Hospital one time there was Dr.Murphy there.Is that o Mr.Karavolas,would you come backlfor a mome Judge Marino,I did have one other area of inquiry THE COURT: ..=!:!'II:...!!!~MR.FRANCE: <§ C:J., :z:~til correct? A Dr.Murphy was his doctor. Q And Dr.Ezerski?Did you say Dr.Ezerski? A No,I didn't say Ezerski.I say that man over there,Ezerski. His name is Ezerski. MH.FHA NCE:That's all. ~7 (Witness excus ed). .lV1R.FINDER:If the Court please.at this time I would like to - I move into evidence the Deposition of Dr.Arthur 1.Murppy•.lV.l.D i • which was taken on March 10.1971.in a notice under Rule 4003. us at the hearing. If it pleas e the Court.we object to the introductio he would be unable to appear in Court so we took his Deposit ion f r The doctor scheduled as such that he testified in the Deposition t t ~z<>..I>-(Ilor~MR.FRANCE:n. zoI-l!lZ J:Ulc( ~ of this Deposition into evidence.It purports to be taken under Rule 4003.but I find that Dr.Murphy was neither aged.infirm ~ Il:I-III Q ..J«U Q ::l ..., %~.. or going witness.In the Deposition he states he can't come into Court because he is very busy.He is a surgeon.At the time we went to the Deposition we went there under notice that it was bein taken under 4003.However,the phone conversations that were tiII:IIIl-ll:on.IIIIl: l-ll:::loU ~U b:II.o conducted between Attorney Bernard Shire,who I believe is also associate counsel in this case.had never gone into detaib that thi was to be taken under 4003.We would have been prepared to hav examined differently had we known it was going to be such a Deposition. MR.FINDER:If the Court please.I don't think I have ever heard anything like this in my life.I will be glad to put in my letter of March 4 which I sent to lV.lr.France with a copy of the Notice of the Taking of Deposition.which in plain ordinary language says that this person's Deposition was to be :~aken for use at trial on 28 ~ednesday,lVlarch 10.No objection was ever filed.On the 10th I received a letter as part of the Deposition,there was an objecti n made and I pointed out to Mr.France at the Deposition that no objection had been made up uhtil that particular point.The noticE is very clear,and for the Court's perusal we have a copy that was sent,together with my letter dated March 4. 5z~lv.L!i.FRANCE:If it please the Court,I don't want to cloud the iss .I>-lllI~here on conversations between Mr.Shire or lV.1r.Finder and IIIII. Court and I would like to do so without interruption,if I may. lV.lR.FINDER: MR.FRANCE: ~myself---- I-~Z ~MIt.FINDER: «~ .:MR.FRANCE: ~0:I-III Q oJ«Uo ::J., I:::; til You never had any conversations with me. Please,lV.lr.Finder. You're an officer of the Court. I'm an officer of the Court and I'm talking to "the aiI:IIII-0:oII.III0: I-0:::JoU oJ«Uii:\I,o The issue here is whether the Deposition is,in fact,entitled to be admitted into evidence under Rule 4003.Again I state,Dr. Murphy is not aged or infirm,he's not a going witness.He is within~30 miles of this Courthouse,and the only reason he says that he cantt come today is because he is very busy.He is a surg n and he's very busy.A notice of the Deposition saying it is taken under 4003 doesn't make it that the witness is aged,infirm or a going witness. MR.FINDER:Under the rules,if the Court plea se,the obj ection must be filed in writing prior to the taking of the Deposition. 29 Otherwise,all objections to the taking are being waived under the rules.None were ever filed in this case. MR.FRANCE:There is nothing in that Deposition notice tha t is objectionable.It says it's being taken under 4003. (At the direction of the Courtl off-the-record discussion was not recorded by the stenographer). MR.FINDER: .. 2 4~THE COURT: "z Zb.lIL ZoI-"zi:IIIC~ We will take a five-minute recess. RECESS If the Court pleasel the only thing I would say in ~ir...!!!o oJc(oo::l., ~N Iill:IIIt-ll:oLIII ll: t-ll: ::loo oJc(oii:II.o addition to mytmotionJ is the fact that in the event the Court overrules the use of that,we will have to have another hearing scheduled to see if we can obtain the subpoena of the doctor. Although it's been common practice in civil cases downstairs that we have done it this way hundreds of times without any probl ml and read it to the Jury.As 'a matter of fact;!I completed one just in May of this year where we read four such Depositions.Dr. Murphy is tied up today in surgerYI as he said he would be.I checked on it yesterday when I was at Magee Women's Hospital for a religious observance.He's a busy surgeon who cannot take time to come out to Court to testify to what he's already testified to in his Deposition. THE COURT:The Court isn't concerned about busy surgeons who cannot take time out to come to Court.We have rules that 30 apply to surgeons and to everyone else .in the Commonwealth:. MR.FINDER:I just want the Court to understand.We treat him as an absent witness for the purpose of this proceeding;that he is I not pres ent at Court.nor can we obtain his pres ence here today on the day of the hearing.And we also take the position that the faillEe:-; read it.The Court can read as well as I can under these circum must be filed or they are deemed waived. the taking of it was a waiver under the rules.,,-Since there was No.We propose to introduce it into evidence and 1 Do you propose to read this Deposition to the Cour ? We don't propose to read this Deposition into the stances. record again if it is part of the record.I note that in the Accepta the Court read it when it is studying the record.I see no reason ::> to object to the taking of his Deposition as an absent witness befoI e what was occurring.And under Rule 4012 and 4003,objections of Service by Mr.France in this matter that the Notice of Takin no effort to obtain any protective order.but to simply rely on MR.FINDER: THE COURT: THE COURT: '"2 '":= >=(f', ZZ... D. i0...I!Jzil/lce~ ~uitI-l/l Q oJceUii;).., %..."til iiia:IIII-a:0L IIIa: ~I-a:j ;) 0 ~U oJjcl:Uii:II.0 of the Deposition on oral examination under P.R.C.P.No.4003 d the notice contains.among other things.and I mention this presently because prior to the taking of the Deposition Mr.Fran e objected that he had not known that the Deposition would be for use at the trial.and had he known that it were for use at the tria, he would have made different preparations for the taking of the Deposition.Now to advert to my notice again,Notice of Taking of the Deposition,it is stated in the Notice that the Deposition wo ld be taken of Dr.Arthur 1.Murphy,Jr.,under the relevant rule, and that the Deposition wou ld be taken at a certain place,.lv.lagee Women's Hospital,Pittsburgh,Pa.,which is followed by the words" 31 c :0c ~ ): ~z ZIIIiii Z Cl-e:zi:III~ "for use at trial"on such and such a date,which,of course,the date was postponed later on.But the notice itself states that it is for us e at the trial.That be ing the cas e,and there being made no further objection by Mr.France,we feel that the Deposition is admissable at this time.Exception noted. I-~ ~MR.FINDER:I call Evelyn Johnson. I-UIo .I<l:§ Q:J., %EVELYN JOHNSON IS CALLED AND SWORN.t:N ~DIRECT EXAMINATION BY MR.FINDER: IIIl-ll:~Q Will you tell us your name? ll: ~g A ltWelyn Johnson. u .It Q And where do you live,Mrs.Johnson? ii:... o A Stockdale. Q Wh ere in Stockdale? A Railroad Street. Q With respect to the quarters in which Angelos Karavolas lived,w re was your house? A Where was it? Q es. A Q :A Q A Qc "c ~fA): (Jzz QII; Do Zc AI-eaz :cOJ Qc( ~ .,:'AuitI-!!!Q QoJ<I:Q Q A::I., :tI:Q1\1 viII:III Al-II:0A.III Q0: I-0:::I0 Au oJ<I:ij Qii:II.0 A Q A Q A Q Evel n Johnson Right now it's right across the street where he used to live. How long have you lived at that location? One year. In December of 1969 where were you living? Stockdale.But not the same place. Did you know Angelos Karavolas in his lifetime? 30 years. How did you happen to get to know him? I was in the beergarden he was running. How often would you be in the beergarden that he was running? Quite often. And before 1959 were you in there when he was there? Yes. And did you have occasion to talk to him? Yes. Did you ever live in any quarters that he owned? The same place,the hotel. Was this bar located in wha t you call the hotel? Yes,it was,down below. How long did you live there as his tenant? I can't say for sure,but about ten years. Doyou remember from when to when,approximately? '51 until ten years. Until about 1961 ? 32 A Yes. Q You knew him before he had the operation in which he had the larynx removed? 33 A Q c A :2c~~Q~Ul22 AII;IlJ ZCI-QIJZ i: III A<~ I-~ U Q~I- UI Q AoJ<U Q Q::J., :z:~A... aiII:III QI-0:0II.III0: I-0:::J0u AoJ<Uii:Q... 0 Yes l I did,sir. What kind of English did Angelos speak before the operation? We111 not very good.I could hanHy understand him. Why was that? It was broken English. Were you able to communicate with ham? Yes. After the operation how wo uld he have to talk?What would he use? The vibrator. Did he ever seem to master that in any way? No • What was the difficulty you had with him then after the operation and after he started to use this vibrator? What Is that? What was the difficulty you had communicating with him after he got the vibrator? A I just couldn't understand a word he said.I was safe by saying yes or no or shaking my head. Q Did you ever understand what he was saying to you during that ti e? A No. Q From the time he started to use this vibrator up until the time he A Q A Q <t A z<I:>Q..I>-IIIZZIdIa.. Z() 1-'AClzi:UI Q0( ~ .,:u Aa:I-UI 0 Q..I0( U 0 A:>....z......Q(II uiII:III AI-a:0II. IIIa:QI-a::>0u A..I0( Uk:l&.0 Q died did you continue to see him in places? Yes. Did his ability to communi.cate get any better or wors e? Not better;no better. You said not better? Not better. And were you ever,after he started to use the vibrator~ever abl to understand anything he was saying? Yes and no;not very often. Did you notice any change in the way he behaved after the operatia2? Like absent minded. When did you first start noticing this? After the operation I'd say. A nd how long did this continue? Until he died. When you say absent minded,what do you mean by that? Well,for instance~he came to visit my house after I had moved from the apartment,and he would walk in,just walk around and go back out and it wasn't like the man. Well,on these occasions when he would just walk into the house and look around and walk out,did he knock before he ca,me in? 34 A Nothing;no. Q Did he say anything whillef he was in there? A No.M children would say ,"What's the matter with Angelos?" <l: Z<l:>..I>-(IIzZiii0.. i0...CI'zrUI<l:~ .:uitI-UI 0eoJ<l: Uaj., :J:~<II aiItIIII-It0II.IIIIt l-ll::l0U oJ<l:U ii:lL0 Evel n Johnson I said,"I don't know. Q How many times did you see him do something like this? A I'd say three times. Q How soon after his oper.ation was this? A Well,I first noticed it around in 162. Q And when was the last time he just walked into the house and walk~d around and walked out? A From '62 to 163 was three times,that's all I know. Q Then did you notice any other changes in behavior? A Yes.When he would go in the barroom and just pick up a salt sha er and put it in the ashtrays all over and he'd laugh about it. Q He would pick up the salt shaker you say? A Yes. Q What wou ld he do? A Pu.t them in the ashtrays or on the bar and the bar maid would ra"e the devil and he would just laugh. Q How often did you see him do something like this? A Oh,at least once a day when I was inthere;often. Q How long did he continue this business of walking into the tavern and picking up the salt and spreading the salt around ? 35 Il.,/ A Q A If I was there for four hours he'd be in there five or six times an held carryon like that. How close to his death did he do this? Up to the end,as far as I know. Evel n Johnson 36 Q A Q A Q A >=u::zz AIl..0. Z 0 QI-CJz i: (B<~ ..=A!?a:ן-m 0 ,./ <l:Q Q0:::l., %I-A"N aia: IIII-a:00.III Qa: I-a::::l0 Au .I<l:0 Q.iLII.0 A Q A Q A And what would he 0.0 with the ashtrays in there? He would bang them. Would there be any reason why he'd start to bang them? No. Was he demanding service? No. Was he having a dispute with anybody? No#not that I know of. In addition to the barroom and the house,did you see him anywhe e else? He used to walk down by the river a lot.My children would go down and watch that he was all right,then held be back. What do you mean by walk down the river? Just walk by the river.up and down the bank.And my kids would see him or my husband Mike was living then. Did this seem unusual? Yes. In what way was it un1!l5ual for Angelos? Because he never did nothing like that before. And at any time did you do any work for Angelos? I washed clothes for him,12 years. From when to when? Well,since I moved in the hotel until about '62.Could I say som thing? I used to send his clothes back cleaned and pressed in a box with Evel n Johnson my children.And of course,I don't know how they got the money from him because he couldn't talk,but he knowed it was $3.00. And then maybe the next day he would have them back up there, cleam;as a whistle in the box for me to wash. Q He'd send back the clean clothes that you washed for him? 37 A<: z<::i Q>-(JJzZIIID-rec),zi~A~ ~~0::..l/l o J<§oj.., :r5 Q uiII:~A0::oll.~Q..0::j 8 A J«Uii:...o Q Yes,that's true. Now you told me a bou t the salt and the ashtray in the bars.Was there anything else he did with respect to money in the bars that as unusual? lie used to kid around,I couldn't say if he was kidding me. Everytime I'd have change held take it like,and put it in his pock t and walk away.It wasn't that I cared if he took it,but it was unusual for Angelos to do that kind of stuff. Whose change would he pick up? Mostly mine. And he put it in his pocket you'd say and walk out? Yeah.And I figured he'd give it back and he didn't.A few of the people he did the same with them.It wasn't that much,but it was just the idea. And as time went on,did he seem stronger or weaker? A What do you mean,sir? Q With res pect to his ability to get around and do things. A He was weaker. Q What made you come to that conclusion? Evel n Johnson A Just getting old. Q IX>you know how old he was when he died? A I don't recall. Q Who were his close friends in Stockdale during thos e las t few yea s? 38 MR.FRANCE:This is objected to.I <[ z <[>...I)0-mz~AD..Yes.I am. donIt believe this witness is qualified to say who IV1 Karavolas'close friends were. z ~Q I will withdraw the quest ion.I will lay the groundwork for Mr. z i:~France.Will you explain to IV.i.r.France how you know who Lhis ~ ..= U close friends were '(a:t-O! ~A .lV1r.Bill Lundy"·ifie isn't here..would take him shopping.I talke <§g to Bill before he picked him up or Angelos would come to look.., x..~for him to go get fish or something like that.Bill would tell me. m II:5 What they went for.I don't know.And he took him to the doctor's oII.III II:a few times.I understand that.Mr.Rygelski here was his closet-Il::> 8 friend too . ..I<i3ii:Q How do you know that?...o A Because I've seen him,I've been in the beer garden when they w e together. Q Did you ever see him in the same kind of company with the same of relationship with Peter Scrip? A No.I didnlt;to be honest,I haven't. I don't mean---we live in Stockdale. So maybe in town,but Q A Stockdale is a small town? Yes. on 39 CROSS EXAMINATION BY .lv.l.R.FRANCE: Q A Q c A :2c ~ ;::It' ZZI&.Q. ZaI-\I Zi:UI';- .,: ~Q I-en ~A c(u g Q... :t /::. (II A ui0:III~QoLIII0: I-0:::loU ..Ic( Uii:I&. o Q A Did you say that this Mr.Lundy u.sed to do the shopping with him? He would tah e him. How wou ld you know that ? I explained.I would meet Bill in the bar where I was at,and he would tell me that Angelos WOO ld be down pretty soon to go shoppi or else Angelos would come in and say,"Are you ready to go,Bi ?I And they would come back later on.If I happened to be there, they would tell me,Bill would tell me what they had got. But you had seen Angelos come in and go out with Bill? Yes,I have. And you have seen him in the company of Mr.Rygelski? That's right. You may examine. Did you go to the Sokol's Club there in Stockdale? Yes. ~How often did you go there? A When I felt like it;not being smart.I'm a member there. Q Did you ever see him walking around the river shore himself? A Yes,I have. Evelvn Johnson Q Stockdale lies right along the river,does it not 7 A Yes.hight fromthe club down.That's where I woold see him often Q From the club there you talked about,is there a street that goes right down to the river 7 40 A c Q zc A):rrz~QII. Z~ACIzi:~Q ..,: u Aii:l-UI ~Q <Qg A., :I:~Q aia:~Aa:oLIIIa: I-a:;:)8 Q..« Uii:A...o An alleyway,yes. Are there people there who tie their boats there 7 Not where he was at. Are the boats tied in Stockdale along the river there 7 Yes.But not at the point where I seen him. Many peo pIe go to the river in Stockdale 7 Yes.Way down on the other end. Where did you live between 1961 and 19707 Stockdale . Where at in Stockdale 7 My husband lVlike died in 162,and in '64 I moved down the other e d of town. Well,did you live on Railroad Street between 161 and '707 Both times.Excuse me.I was on Bow Street from '62,I was on Bow Street.Then I moved to Railroad Street. ../ Q When did you move to Railroad Street 7 A In '63. Q How long did you live there on Bow Street then,back on Railroad Street 7 A How is that again7 Q A Q A Q Evel n Johnson In 1963 you moved back onto Bailroad Street. I moved down to Railroad.Street,yes. Now where were you living when Angelos came to visit:you? Bow Street. You say that was around 1962 and 1963? 41 A"2Cl> ): ~ Z ~Q0. ZoI-~zi:~A~ .,: ~Q..Ula A...<§ a:l., %~Q uiIl:III..Il:oDo1II Il:A..Il::l8 Q...0( Uii:AI&.o Q A Q A Q A That was exactly.My husband died and that's when he used to come to our place. When he was in the barroom when you'd see him,would he buy something to drink? Yeah.he would drink.I believe it was whiskey. What was the name of that bar? They've changed it.Henry's and Hazel's.TheY've changed it• of course. When did you first notice that he would start to laugh when he wou d take the salt and pepper and put it in the ashtray? A fter the operation.After he had his operation. Around back in 1959? Yes. When did he first start to bang the ashtrays? About the same time. Now he would order his drink from the bartender? Yes. He wou ld pay the bartender? He'd put his money out and she'd take it. Evelvn Johnson Q He would get his change? A Yes.Many time I bought him a drink myself. 42 Q I understood that whenever he would go shopping he would come in and say to Bill LundYI "Are you ready to go?" A c: :i!c :=Q;:rrz~AQ. Z~Qzi:~A ..=uii:I-UI ~Q c(ug A... %::: (II Q Or Bill would be waiting on him and had seen him prior and was supposed to meet him there. Either way? Either waYI that's true. Did you ever see Angelos come in with groceries and going shopp ng? Many a time they've got out in front of the hotel when I'd be walki hog past. What about in 1969?Did he continue to go shopping with ~ill Lundy? I can't say for sure what the datesl the year.Up until he died,y ~s . Very good.Thank you.That's all. ui0:E (Witness excused). oL-III0: I-0::;)ou ,.J c(u~ANTHONY RYGELSKI IS CALLED AND DULY SWORN. o DIRECT EXAMINATION BY lV1R.FINDER: Q Will you tell us your nam e? A Anthony Rygelski. Q Where do·you live,sir? A 538 Bow Streetl Stockdale,Pa. Q How old are you? A 58.I will be 59 in April. Anthon elski l.:3 Q A Q A Q Ac :< " ..= UI Aii:i...UI ~'Q cl:§g A., :tI:. N Q iii0:iiit-o:o..III 0:At-o::J8 Q ..Icl:ij ii:A...o Q A How long ha veyou lived in Stockdale? All my life. In his lifetime did you know Angelos Karavolas? Yes,sir. Where did you first meet him? Well,in town,a good many years back.In the mill,he used to sell sandwiches and tobacco and stuff in the mill. And I believe this was before the Second World War? Yes. Did you ever get friendly with Mr.Karavolas and become good frO ncs? Oh,yes.We was pretty good friends. When did you start becoming good friends with him? All the time we was together. And did you know hi:rn before he had the operation on his larynx i 1959 ? Yes,I did. Will you explain to the Court how he spoke? Before the operation or after the operation? Before. Well,he spoke very broken English.He spoke broken English all h is life. Q Will you tell us whether it was easy or hard to understand him? A You could understand him. Q After the operation was there any change in his method of commu -0_ A Q A Q A <I: Z ~Q....>-UJ~AIIIDo Zg CJZ :E: (Illor(:= .....!d ll:I-UIa ..Jc( ~Q::>.., %.."<II ui~Al-ll:oII.~Q I-0:::>ou ~U Aii:II.o Q cation? There was a lot of change. What did he use to help him speak? He had a vibrator,battery operated. Where wOuld he place this vibrator? On the side of his neck. When he used this could you understand what he was saying? It was pretty hard to understand him.Well,I could unders tand him because I have three brothers,two sisters that are deaf -mu and I've been associated with my brother so long,for me it was very easy for me.But for someone else,I imagine it would be pretty hard. Could you understand through the vibrator or did he use another method? When he had that vibrator going you couldn't make heads or tails. Would you explain to the Court how you used to communicate with him? Mostly by sign language. A nd how long did it continue after the operation tha t you were communicating with him by sign language? 44 A Everytime I was with him,him and I would communicate by sign language. Q Before he died in December of 1969 what was the last time you h d seen him? elski 45 A Q A Q A ;: ITZz AlL0.. :Iic Ql-e:zXUJ Ace~ ..,:Q~ II:I-!J)l a A..I«~0 Q:>~ :r~.....A.. rnII:III'1-'0:() 0.. 11/ 0: I-0::l0 Qu...0(u Aii:lL0 I'd see him everyday. So that had you seen him the day before? Yes.I seen him the day before he died. He had gone to the hospital before he died,had he not? Yes. Was that the day that you're saying you would have seen him,the day before he went to the hospital? I seen him the day that they took him to the hospital,the day before. And was he still communicating with you in the same way? You mean on the day they took him to the hospital? Yes. Well,yes.We always did get along. A nd did he go to the hos pital again after 1959? Well,he was in Charleroi-Monessen Hospifal.Sam and I,his br ther, went down to see him and here they had him shackled to the bed. So I went--- What year was this? That was in '69,after he had the operation.So I went over to the desk and asked the nurse.I says,"Why is the man shackled?" She said."Well,he's furious." I said,"This man don't belong -liere because I know his case.II I said,"Dr.Murphy in Allegheny General Hospital knows this case real good."So I got Sam and w went looking for the---I just forget the doctor's name,used to be in Roscoe---to get him released.They told me we had to get doctor so and so to get him released to get him into Allegheny General. Q Did you get him transferred to Allegheny General? 4E A.Then Sam's wife went down and Mr.Kennedy got the ambulance ar_d .they took him to the Allegheny General. 5 Q z<t>A.I>-fI)zZ'QIIJll. Z0 A..ClZ J:l/I Qc( ~ ..=u Ait..l/I Ce.Jc( U C::l.., %......til oj II:III Q..II:0ll.III II:A..II: ::l0U .Jc( Uii:Q...0 A How long was he in Allegheny General that time? At that time before he died? No.In 19---that time he was transferred from Charleroi-Moness n. I imagme a week or two. And what was he like when he got home? and Oh#lid go up and see him.;him/I used to drink quite a bit.I'd go up to his apartment.He was,I don't know#the man was sick. He'd get that vaporizer out#turn it on,sit there with his head between his hands and just sit there for hours.The man was sick Could you communicate with him? No,I wouldn't say a word to him.I'd just let him sit there and after I got tired I just got up and walked out and left him there. How long did he sit there and put that vaporizer on? While I was·there,it would be sometimes I'd stay there a half ho T# 45 minutes.Because it started getting misty in the room and damp#so I'd just walk out on him and just leave him there. Q Were there any times that you were there when he wasn't using the vaporizer? A Yes,there were quite a few times. Anthon elski 47 Q What was he like on those occasions? A Well,we 'd motion,how my brother is and things like that.We tried to talk to each other.Lots of times he'd say how about taking him to Charleroi,and I'd take him to Charleroi. Q A.. z..> >=II'Z~Q ~ z~At:Z %~Q 3= ..=!:: 1I:I-OJ a A ...I 0[ ~a~., :r::~Q via:~A 1I:oII.iii1I: l-ll:~3 Q ..I« U 'Ai&:...() .Q And during the time that you knew him,who were his good friends? Well,Bill Lundy was his real friend.Well,everY90dy in town, in fact,was his friend.He didn't have no enemies. Who took him places? Bill Lundy was the gentleman that took him mostly. And how often between 1968 and the time he died in December of 1 69' would you see Angelo? I'd see him everyday.Well,everya§ty,it all depended on how I w working. Did he change his drinking habits'any? Yes,he changed;the man was sick.He walked continuously arou town,up Roscoe,back down again. Do you know how old he was? Yes,I do;85. Did the communication problem with him get any easier during that las t year? A No.It was worse. Q Did you ever notice an area in the apartment of water damage? A Yes.I seen the ceiling come down and the plaster come down.In fact,I put---me and Ralph Ross and I put the sub-ceiling up. Anthon elski Q During this period that you have known him,was he ever es pecial y friendly with Peter Se'rip? Not as I know of. Who had the dis pute? Yes.Years back he had a little dispute over the property line. We think it is relevant, If the Court please,we MH.FINDER: MR.FRANCE: intend to show through this witness what the dis put Your Honor.on the issue of the fact that lVlr.Scd was not that friendly with J.V.Lr.Scrip from then on. was and that as far as he knew,that lVlr.Karavola is the principal beneficiary unde r this Will.and w object to going into any questioning about a dispute in 1954 as being too remote.:JTt);';$3 irrelevant also. Ange16--- Around,I imagine 154,'56.somewhere around in there.'57. Do you remember when this was? Did you ever know lbmto ha ve any kind of dispute with Mr.Scrip? A Q A A...>-(/lzz QIIIlL Za Al-eiZ~(JJ <C~ .::~ II:l-UI 0 oJ or{ ~0:l.., XI-"til uilI: IIIl-ll:00-III.11: l-ll: :l0U oJ0( Uii:l&.0 MH.FRANCE:On that offer to prove.it also sounds,it also becomes objectional on the ground of hearsay. THE COURT:We will rule on the hears y a s we proceed.Presently,we will overrule the objection as to the question;lexception noted. Anthon elski 49 Q Mr.Rygelski,were you present at any time when the time of the dispute first started when there was an argument between Mr.Sc ip and A ngelos ? him a few names too . And where did this take place? Yes,I was. calling for a conclusion beyond the ability of th is The objection is sustaine . This is objected to asMR.FRANCE: THE COURT: witness. was with Pete Scrip? And from that time on,can you tell us what Angelos'relationship thing to me,he said,"You're just like them Greeks."So I called Right in Stockdale.They was arguing over the property line and I says,"Why call him all them dirty names."And he said some- Pete was putting in the sidewalk there and Angelos told him he dirty names.So I says,"Hey,Pete,"I says,"That's an old man " was over on his side.So Pet.e spoke up ,and called him all kinds 0 A e Q Ac :ac ): (II 2 210III ZC..elZ:c UlI<~..-!:!ll:..III Q ...I<~ Q Q:)... :I:......C'I uill:III..ll:0LIIIll:..ll: :) 0U ...I<0 ii:II.0 exception noted. Q Did you ever see them pass each other on the street from then 0 "1 A Angelos and Pete?No.Pete was a bitter enemy of Angelos after that argument. MR.FRANCE:That is objected to.We move it be struck fromthe record,Your Honor. THE COURT:The answer is ordered 50 stricken {rom the record as not being responsive t t he question. Q Did you ever talk to or ever in Pete[s pres ence,after that when he had---were you ever in Pe'ter Scrip's presence after that c :2c ):A U' 22~Q zc~Az X1II~Q..~ ~A..!!!~Q<§ g A., :I:~Q vi0:'"..0:olL'"0:A..0: :JoU .I<U~Qo A Q argument? No.Do you mean in the barroom or somewhere? Anywhere. Yes l I was in the barroom quite a few times when Pete was there Did you ever hea r him talk about any friendship he had with Angel's? No • Did you ever hear him say anything about Aggelos? Never did.. And while you were up there on these days tha t you were vis iting Angelos#did you ever see Pete SClii11D come into the apartment? No#I never did see Pete Scrip come into the apartment until afte he diedl is the only time I seen Pete Scrip come into the apartme .t. HOiV'often would you be in Angelos[apartment during that last ye r? Two or three times a week. Did you ever hear Angelos during that period talk about Pete Scrip or express any friendship for him? A Never did. Q You may examine. elski CROSS EXAMINATION BY lVlR.FRANCE: Q Did you say you don't speak to Pete Scrip? A I don't speak?Yeah,I s peak to Pete Scrip,but while the Will was: contested,then Pete quit talking. Q In 1954 you say you called Pete Scrip a lot of names at this boundary .. z..>A >=If: Z~Q Il. i~Ac:zi~Q~ .~A ~...lJl< Q Q .Ji«~o:I'"',x... [:j A rnII:~Q0:oIl.III0: I-0::IoU .J«U ii:A...o Q line . He cal~d me names. And you called him names. I said,"Don't talk like that to the old gentleman.II Didn't you say you called Pete Scrip names? -He called me names;I called him names back. Ever since that time you never felt too warm toward Pete Scrip, haveyou? He didn't feel too warm to me,so I didn't feel too warm to him. If you will just answer my question,Mr.Rygelski,we will get along much better.You didn't feel too warm to Pete Scrip ever since then? Well,he was a friend • He was a friend? A Well,you might as well say he was a friend.He lived in town. Q What year did you say it was that Mr.Karavolas,Angelos Karav las was transferred from the Charleroi-Monessen Hospital to the Allegheny General? A I think it was in 169. elski 52 Q You said this was after he had an operation at Charleroi-lVlOnesse· Hospital? A That's right. Q What operation was that? A His voice box. <I Q Wasn't his voice box removed in 1959? 2:..~A Yes.His voice box was removed in 1959.But they took Angelos t II:Zz:t the hospital in '69 too when they had him in Charleroi-Monessen :Zal;when they had him shackled. zi:~Q And what was the operation for in 1969 at the Charleroi-Monesse .:1lIi2I-Ol' ~A <I: U C:l., %~N Q iiiII:IIIl-ll:oII.III Il:Al-ll::l 8 Q .I<I:U~Ao Q A Q A Hos pital ? He didn't have no operation in 1969.They just had him in there for observation. And it was in 1969 he was transferred then to the Allegheny Gene 1 Hospital? Yes. Would that have been---what time of year would that have been? What tim e of the day? Year. '69. What time of the year?What season? What time was he transferred to Allegheny General?To tell you the truth.I couldn't tell you what time it was because I had to go to work at 4 :00 o'clock. Anthon elski 5·3 Q You mean you don't know what season of the year it was? A What season? Q Yes. A It was in the summertime. Q So it was in the summer of 1969 he had been admitted to Charlero:.- A Out on the street. Hospital. General . (Witness excus ed). I will call Catherine Karavolas. That's all• mR.FINDER: .lV.lR.FINDER: A No.You couldn't talk to him while he was in the Charleroi-Mones3en Q That's all. Q Where did you see Angelos the day before hedied? A Yes. Monessen Hospital,and then was transferred to the Allegheny Q Did you find out from i\ngelos why he was shackled? =::;:-:>.....>Q·iiCo·0l-V;;; iII• ~ tIIl-t! C·e c L C :i~,. (00 IIIIIIl-IIC•.. II I-!! Cl C Lii..c atherine Karavolas CATHERINE KARAVOLAS IS CALLED AND SWORN. DIRECT EXAMINATION BY MR.F1NDER: 54 Q A Q A Q A 2 C~Q 2 :ru:.. 3: ~Ait:l-Ullii .I Q<0; g,A ." :r1-'""III aiII:~II:oL11/II: l-II:;)oU ..Ic( U~Qo A Will you tell us your name? Catherine Karavolas . What relation are you to Sam Karavolas ? Hels my husband. How long ha ve you lived in Stockdale? 24 years. Did you know Sam IS brother,Angelosl during his lifetime? Did you know Angelos while he was living? Yes. During the time that Angelos was livingl where was he living? He lived downstairs with us in the same housel downstairs,up to 1953.I was cooking,we was eating together.I wash his clothesl his white shirts.I was taking good care of him.Then 1853 the place was getting too small and he moved upstairs to live upstairs. Arid after he moved upstairs,did you continue to see him? Yes.We move upstairs too because the apartment was empty. And I was taking care of him again. Q Now do you know whether or not he communicated with his famil in Greece? A Yes.I was writing his letters all the time.He was talking to me about the children because I lived with them over there before I Catherine Karavolas come to this country and he was very anxious to see them.He wa 55 planning a trip to go there.but he got sick;when he got the ope rat on he didn't have no desire.But I was writing letters and he make me write letters and I read the letters for him. Were these letters written in Greek or English? In Greek. Did you ever know Angelos during the years tha t you knew him to write Greek or English? What did you say again? (Stenographer reads back last question). Yes.I did,becaus e we live together. Cou ld re write? He didn't know how to write. And could he read English? No. Now there's been testimony about the operation that he had in 1959.Did you see him after this operation? Yes,sir. And will you tell the Court what he used to try to s peak with? After the operation he didn't use that vibrator for six 'months bec us e I was taking him in Pittsburgh twice a week and there was a teac er. it's an institute there,they teach you how to speak without the vibration.But he couldn't learn.So his teacher told me,no use to bring him here.He was paying $20.00 everytime we went ther atherine Karavolas His teacher told me no use to bring him here because he just wasting his money.He can't learn.So take him someplace,she give me the address,they sell the vibrations,and I took him there and I bought it.Until I got sick,then I couldn't take him no more. 56 MR.FRANCE:Your Honor,I will :s =i:-..:-Il IlL •~• object to that response as being unresponsive and cluttered throughout with he:a:rsay testimony.I woulC move that the response be struck from the record i becaus e of being unres ponsive,being cluttered with II and which is obviously hearsay the Court will dis- hearsay.It could not have been anticipated on the ••l:II-~ II..-:i•;) ~ ques tion. THE COURT:The part which is arsay regard.We will not strike the other portion of her answer which is in res panse to the question about the use of the vibrator and how he happened to use it.Exception noted. MR.FRANCE:Will Your Honor request this witness that she do attempt to limit herself to answering the question and answer on wh t she knows of her own mind? THE COURT:That should be don • Mrs.Karavolas,please answer the attorney's qu estions briefly and only answer what he asks you Catherine Karavolas about.Donlt go into other matters. (Continued examination by Mr.Finder): Q Now after he purchased the vibrator,how would he use it?What wou.ld he have to do with it? 57 A c :0c ):Q 'II:< 2 II AII 2CI-Ql!:Z i OJc~ .::u Aii:...UIo Q -l Q0(uCi A:l.., :z:.."(II Q uiIl:IIIl-ll:0L IIIIl:Al-ll::l 0U -l0( Uii:QII.0 He'd have to place it on his neck and s peak,but he couldn't use it right. Could you understand him when he used the vibrator? No. A nd when he spoke broken English could you understand anything he said when he used the vibrator? No,because he never spoke to me in English. What language did he speak toyou in? He spoke to me in our language,Greek. Did you have any trouble understanding him when he spoke in Greek? In Greek,yes.But only with motions.I could understand him wit motions. When you say motions,I notice you moving your hands.Do you mean that he would make motions with his hands to help you. understand? .... / A Yes. Q During this time from 19159,say,up until 1965,he-was living upstairs . A No.'54 he moved upstairs. Q And after the operation he came back and still lived upstairs. A He still lived upstairs. Q And did you see him regularly then? A Yes,because I lived upstairs too. Q What sort of things were you and your husband doing for him then 0) <lJ A z:<lJ>...I)0- UJZ ~Q z~Az :I:~Q We 11,I cook good G~eek food for him.I still wash his clothes up until '68.And I got sick and I couldn't do it no more. '68 is when you got sick? Yes.I had a nervous breakdown. Did he go to the hospital again after 1959? care of that and ..:alled the doctor to untie him. That's when he was transferred to Allegheny General? Angelos went in the hospital in '66. I just couldn't stand it.And Mr.Rygelski and my husband took lVlr.Bygelski forgot theIntheCharleroi-Monessen Hospital. And they had him tied up,you know.And when I went and saw hi date.It was 166 when they took him to Charleroi-Monessen Hospi 1. What hos pital ? ...- ~.A ll:... !!!~Q 0( § g A., x....... N iii ll:III...ll:oD-IIIll:... ll::loo ...I0( U~Qo A Yes.Me and lV.l.r.Kennedy in ambulance,because my husband can't drive,we took him to Allegheny General and was waiting th ;re Q three hours to get·the doctor. And what was he like after he got out of the hospital at Alleghen General? A Very nervous. Catherine Karavolas Q What sort of things did he start doing? A Well,like the water,he would let the water run down.Sometimes he passed me,it seems like he didn't know me.And the next time it was like the same thing aga in.He never acted ~he same way all the time. What business about the water were you talking about? He must be forgetting the water running.He was forgetting the water.in full speed,the water.I could hear it.One time the sink,was filled up and the water come down,filled up the whole livingroom and the ceiling was coming down. Did he ever do his own cooking up there? 53 Yes.He liked to buy steak.you know,broil steak,and cook him elf a nice piece of steak. Was there any problem with his cooking? He burn his food a couple times.The last time he almost set the place on fire. Were there ever any occasions in which the Fire Department had to come to the house ? Yes.1969.Sam went to Greece,my sister was with me and we heard the alarm around 5:00 o'clock in the morning.And we didn't know,we just woke up,we hear the firemen run upstairs and I thought there was fitre upstairs.I was scared,I jump up and I see the fireman come down.I asked them what's wrong. They say nothing.Nothing wrong they said.There's no fire or Catherine Karavolas nothing up:there.Angelos just decided to go.--- Q Did you have a device upstairs that rang the alartp or how would you call the Fire Department? 60 But the Fire Department turneE1:.:u:p in you r hous e at five in the unless this witness knows that of her own knowledge A Q :!z..> >=II:ZZIIIlL Zo...CJZ~~Q~ It's outside.It's outside on the electric box. Was that the alarm that was turned in? MR.FRANCE: THE COURT: sustained. This is obj ected to The objection is ..=C)o 0:..Ul Q A oJc( ~g Q., :I:~(II uiII:~AII:oII.~Q..a:::)ou 'oJ c(oii:A...o morning? Yes .And they come straight down and they said--- Don't tell us what they told you.Did this only happen on one occasion tha t year? He did that twice. What other changes did you notice in 'Angelos that last year of his life? He just walk around and it seemed like he didn't know nobody anymore.He say things --- Q Could you communicate wUh him at all ? A Me? Q Yes. A All the time.We lived together. Q A nd when you communicated with him,could you understand him CROSS EXAMINATION BY lVlR.FRANCE: Do I understand you to say that Angelos Karavolas was not able Catherine Karavolas that last year solely through the use of the vibrator? A Like I said before,it was hard to unde rstand him. Q A nd during that last year did you still use the motions that you wOf!ldI describe? A Oh,yes.All the time. ooll Q You may examine. z 4>..I>-u:zZIIIIl. Zg e-zi:UI~Q ...-u0:...m ~A~!:?Q :l., x...... <II Q uiII: III...ll:oII.III ll:A...ll: :lo U Q ...I0( U~Ao Q A Q A to write in Greek or in English? No,sir.He couldn't write in Greek or English.The first thing, he couldnIt hold the pencil. If you will just try to answer my question.You did fine.No.Is that your answer? That's right.No . Now do I understand you to say that he was not able to read Engli _1.? Did you ever have any caus e to write anything to him in English? Not in English. Did you ever write or have anyone write something to him in En ish? Not that I know. Q You are not familiar with anyone who may have ever written arw- thing to him in English either,is that correct? atherine Karavolas A J.Vlr.Pagonis was writing,he was making his books.That's all I know. Q Did you or anyone in your family,to your knowledge,ever write anything to him in English? e A et Q z c(>A...>-UJZz Q1&1II, i ()AI-l!)z:i:Ill,Qct'~, .:!:!All:I-UI D Q...ctU D A:J., x.."QOJ viII:III Al-ll:0II, IIIll:Ql-ll::J0U .JctUii:Ai&.0 Q A Q A Not in English. Did you ever leave a note on his door for any purpose at all ? No,sir. You never left a note on his door? No,sir. Do you know of anyone who ever did leave a note on his door? No,sir. Do you write English? Yes,I do. Would you recognize you r handwritfLlJg if you saw it? Yes. Would you please look at this and see if you recognize the hand- writing on there? Yes. Is that your handwriting? Yes.I wrote him this. You wrote who this?You wrote this to who? To who?To Angelos.That IS no lie. (Stenogr'apher marks Proponent's Exhibit liB"). Q That is written in English,isn't it? Catherine Karavolas 63 A I told you I can write in English. Q It's written to Angelos? A Yes. Q :00 you know how long ago you wrote that? A It was 1969~summertime. stipulate that is the piece of paper marked Propone 's That's the piece of paper that we just marked as Proponent's MH.FhANCE: Let me show it to you. Exhibit "B"? Exhibit "B".Is that correct? c Q•.. ~ >lJ22IIIII Z CI-ClZ :z:UlI<~ has been centered to her to read. stipulation.The Court observes that the paper is on marked Proponent's Exhibit "B')and that the same We don't need anyTHECOURT: \ aiII: E Qo.. IIIII: l-II: :Jo U Q...0(u~Ao Do you know Evelyn Johnson? Beg your pardon? Do you know Evelyn Johnson? Yes,I do. Q Did you hear her testimony this morning'? A Yes,I did. Q You say you washed Angelos'clothes up until 1968,is that corre :? A Yes. Q You heard her testimony,did you not,that she washed Angelos' clothes too? Catherine Karavolas 64 A We both did. Q You both did? A Yes. MR.FINDER:First of all,that's unfair to the witness..kvl.rs.Johnson didn't say she did it up until 1968. You were never involved in a law suit with him? we will pass on to something else . How did you get along with your brother-in-law? has already answered the question sufficiently,so Well,the witnessTHECOURT: Me? Doyou remember in 1962 you were involved in a law suit with Angelos? Yes. No me. You are Catherine Kara\.'iQlas,aren't you? He never sued you? No,sir. In what? In 1962 or 1963 Angelos sued you,didn't he? No,me and him. Did you ever have any trouble? Me?No. Very fine.I treat him like my own father. ~:::-....>lJ··uc. ·l>..co·3:a,Q.." ~ I-Aliil-II C Q cl E A ~I"Q(" a"aII AI-a(. IIII QIT '"'~c.,Al'.. l Qii..(. A Q A Q A Q A Q A Q A Q:: ~A..>~u Qt. Catherine Karavolas Yeah. How doyou spell your first name? CATHERINE. Has it ever been spelled beginning with a "KII ? I don't spell it that way.I spell it with a "C". How was your husband's name spelled,his first name? Sam . Is his name Sotirious? Sotirious,yes. And you 'are the wife of Sotirious Karavolas? 65 t AiiI-g C Q c lC ~A g: II~Q1:.C'II~A 1-.~.f"Q Yes. Let me ask you again now if you ever remember having any trouble with your brother-in-law,Angelos? No me.His brother did,not me. You weren't involved in that? No,sir. That's all• .. ~MR.FINDER: II,c THE COURT: MH.FINDER: MR.FRANCE: That's all. You are excused,Mrs.Karavolas. If the Court please,the Contestants rest. If it pleas e the Cou rt,I also will put a motion on the1 record now.We move that the Court grant a motion not unlike a " compulsory non-suit,for the reason that the Contestant has not met the burden of proof in this case. THE COURT: Samuel Bell The motion is refused;exception noted.We will ti6 Mr.France,you may proceed. recess for lunch until 1:30. ********* RECESS (At 1:30 P.M.the hearing reconvened): c ;;; c ~THE COURT:;;;:c..II 2 Cl-e2i~SAMUEL BELL IS CALLED AND SWORN. 3: ~DIRECT EXAMINATION BY MR.FRANCE:ii:...l/lI ii Q Please state your name and address.~5 Do A Samuel Bell,Route 88,Eleo,Pa.:)I... %:~Q How old are you,Mr.Bell? ~~AII:oII.~Q l-II: :::l8 A ,.Iol: U Qii:...o A Q A Q A Q 40. How far is Elco from Stockdale? A pproximately a m He. Did you know Angelos Kara.volas before he died? Yes. How long did you know him? Oh,eight,ten years. Did you have occasion to see him from time to time? Yes. Did you have occasion to do anything with him of a social nature? Samuel Bell 67 A Q A Q A <t Q z <l:>A....>-(IIzz Qiii11. Z 0 A.-CJz i: 1llI Q<~ .=U"Aii:I-Ul c Q.J<{ § C:J., :I:I-,..,AC\I ui0: III QI-0:00-11/0:At-o::J0 Qu .J<{ ij ii:II.0 !Ae Q I played cards with him on different occasions. What kind of cards did you play? Euchre,mostly. Where did you play ca.rds ? A t the Sokol Club in Stockdale. How often would you see Mr.Karavolas? On an average two and three times a week. Did you continue to see him during the ten years that you knew him? Most generally,yes . Did this happen generally through up to the date of his death in 19 9? Yes. What is the name of the club w he re you would play cards with Mr., Karavolas? Sokol Club)Stockdale. Now over what period of time did you see him to play cards with jm? Pardon? Did you play cards with him during the entire ten years you knew him? No.Just on a few occasions.Mostly when he had no one else to play with,like at the club. And were these card8playing sessions you had with him,did they continue up to shortly before his death? A Shortly before his death. Q Did you observe anyth ing different in the way that Mr.Karavolas would dress over the period ofyears that you knew him? 68 A Q A Q <l: Z<l:>AoJ>-lDZz QIIIa.. Z0 A,.... \!lIZi: (/)0 Q<:~ ..:!l A0:l-(/) 0 QoJ«U 0 A::I.., x.."QN ui0:IIII-0:0B-III0:AI-0:::I0 Qu oJ«U ii:Ab-0 That he was dressed? Yes. He dressed quite decent. Did his manner of dressing change during the later years of his life? I wouldn't say so. Will you describe how he dressed? He dressed neatly;always looked well groomed. Did he appear to know what he was doing? In my mind,yes. Did he care for hims elf when you would be around him? Yes. Can you tell us of any unusual behavior you ever noticed about M . Karavolas? No. Were you able to have a conversation with him? Under his condition,with his voice box,it was difficult at times; but I could make myself known to him and himself known to me. Q What is the last time that you remember playing cards with Mr. Karavolas? A Approximately a month,three we-eks before he passed away. Q Who els e played? A At that same table at the time? Samuel Bell Q Yes. A Angelos,myself,a man by the name of Ross Huhn,and I believe the other fellow wa,s'.---I can't think of the other feHow. 69 Q A ~Q z:<t>A..I>-UlIZZIll'Q11.. i0I-A~z i UI<Q~ ..=!:!AIt:I-UI 0 Q.J~!:! 0 A::l., :z:.."N Q uiII:III AI-It:0II.IIIIt:QI-It: ::l0u A.J<U ii:QII.0 A Q A Q A Q What game did you play? Euchre. Tha t was the last game you played with him,Euchre? Yes • How many games did you play,do you remember? At that particular time? Yes. Three. And do you remember who won? Angelos and 1. Were the other parties that were playing experienced Euchre pla rs? Yes. Was A ngelos able to hold his own in a card game? Very welL And did this continue,his card ability continue to his death? Yes.I would say so. Did he ever repeat things over and over to you? No. Did he ever appear to be flighty? No. Did he e~er appear to be wandering or losing his intellect? Samuel Bell A No. Q In the last years of Mr.Karavolas's life,did you ever notice any distinct change in his habits and moods? A Q <II Z ol:>A....)0-mzzIIIIl. Z 0 Ql-e-z J:l/lI Ace~ .,: !:!'Q0:I-en c....<§ c A:J.., :z:..to-QN iiiII: IIII-0:0II.III0:AI-0: :J0 Qu....<§ II.II.0 I never did,no. In the last few years·of his life,did he become slower and become so that he had difficulty 'in movement? Well,the man was up in his 80's;naturally,he would slow up somewhat. Did he ever act impulsive? Not that I know of. Did he ever become voluble,belligerent,pepetitious or pugnacio in his spe'ech? Not with me. Did he ever talk to you about any suspicions or did he show any signs of irritability? No,he did not. Did he ever communicate to you any beliefs such as the doctor was poisoning him or that he was afraid his friends were going to do him harm? A He never consulted me on any of those things. Q Did he ever seem to you to be forgetful? A No.At least wise not card playing. Q Would he talk toyou excessively about events that happened long past but have difficulty in remembering what had happened recen ly? Samuel Bell 71 A No. Q Did you observe any general reduction in his intell::e.c:tual capacity? A No. Q Did he appear to have a failure of com;entration and comprehensiq.n? ~ MR.FINDER:If the Court pleas e,!I No,sir,not to me. a medical man.And we will take his res pons!=s as for a conclusion that I don't think he is capable of The objection is ovTHECOURT: making. credibility.,Exception is noted. those of a layman and give them that weight and ruled.This witness is testifying as a layman,not a No~sir.He was a great card player.He could remember cards qualified to answer questions like these.These are medical ques tions rather than factual.I think it call have gone far enough.I don't think the witness is Was he easily confused? (Steno graphe r reads back the las t quest ion). c :;a c.. ): III :22IIIII 2 CI-~zi:(jJ 0<~ ..:U'ii1...!!!0...c( 20:J., :I:.."N uill:IIIl-ll:0LIIIll: l-ll: :J0 Au... c( Uii:QII.0 A far better than I could or most peo pIe. Q That's all.Cross examine. Samuel Bell CROSS EXAMINATION BY MR.FINDER: Q Did you know he was in the hospital? A What time,sir? Q At any time. A I know when he went in to have his voice box put in. Q Did you know a bout his going into the hos pital after that? A No,I did not. Q Were you aware of the fact that he left the hospital? A No,I wasn't, Q Without medical approval. A No,I was not. Q Were you aware of the fact that the day he died he walked out of the hospital without medical appr<0val and against the advice of hi phys icians ? A I did not know that. Q Did you think that is.;.,TIormal behaviori? 72 MR.FRANCE:This is obj ected to, Your HouCDr.This calls for a medical conclusion. Q Were you aware of the fact that the only method of communicatio THE COURT: is sustained;exception. Yes.The obj ectio he had with his physician was by sign language? MR.FRANCE:This is obj ected toll This is beyond the scope of the direct examination. ell 73 The obj ection is ove -THE COURT: ruled.It's a question of what this witness knew of t situation and whether he was acquainted with what th' decedent did in the presence of a doctor is another matter..If he knows nothing about it,he can say so. assumes the fact not in evidence,Your Honor. in the doctor's deposition,I'm sorry. MR.FRANCE: MR.FINDER: THE COURT: However,the questi n It's in evidence.Itt Well,it's in eviden Ie as far as your deposition is :concerned,Mr.Finder But it's'not in evidence in the direct examination of this witness.However,we will still permit the ques on because it concerns what this individual knew of the decedent and he had known the decedent for a perio of almost ten years.We think the question is pro per. (Stenogra pher reads badk the last q ues tion). I was not. Did you Know that when he was in the Charleroi-Monessen Hos pit 1 in 1966 that he had to be tied down and shackled~to';his;';bed? MR.FRANCE:This is obj ected to, Your Honor,as there is absolutely nothing in the evidence that he was tied down and shackled to his b :::I. Samuel Bell MR.FINDER: pardon--- I beg the Cou.rtIS 74 THE COURT:As the Court recalls the testimony,we had testimony to the effect that he was shackled to his bed.I cannot recall the time of that occurrence,but I presume that it was in '66, as that was the other time that he was in the hosPitat. So the obj ection is overruled.Exception noted. (Stenographer reads back the last ques tion). Not until today,I heard it here in Court. Did you.visit him where he lived? No,sir. Then you never saw the way he acted around his apartment? No,sir. I take it he did not discuss with you personal affairs? No,sir. He didn't discuss with you his family or anything about them? No,sir. Allyou knew about him was that you would see him occasionally i the Sokol.Club playing cards? A The Sokol Club,the Fonner's Tavern and on the street corners in Stockdale. Q Now you knew him then before he had the larynx removed? A Not well,no,sir.I did not know him fairly well until after his Q A Q A "Q 2c;: ): II;;; ~AII I- !:QIIl-II C c !: C A operation. He spoke very broken English,didn1t he? Yes. He made very poor use of that vibratorl did he not? Well,would you explain what you mean by poor use of it? Certainly.That when he used it and spoke in broken English he was very difficult to understand. If you didn't concentrate on what the man was trying to say to you. yes,it would be difficult.But under his condition,if you concen- trated you could make out what the man wanted to tell you. A nd all he had been talking toyou.a bout was a game of cards you were playing? Mostly. 2S ;; ~Q IIC.~AeoCoueQ l-e:>o to A .J:. ~.~.Q I;c· A Q And what kind of conversation did that require from the cardplayer? Not a whole lot. Did he have to call out,a card he was playing down? SometiJtles he would;sometimes he wouldn1t. That card would be face-up? Yes. So that even if he said it,you could t~l1 what kind of card it was because you could se.e it. A Yes. Q What other conversations were required between you and he in this card game? A It would be just friendly conversations. Q Such as? A If we won the game,then we'd talk over a drink about the game;nJt to an extent,But to his capacity with his condition 76 ~e Q <li Z <li A>¢ 0:: Zz QIIIno i. 0 Al-eiz: :z:UlI Q«3: ..,:A!:?' 0:l-ll) Q Q...I5!:!AQ ::l"\ :I:..Q"til uilI:III AI-0:0ILIII QlI: l-ll:::l0 Au ...I.ctu Qii:II.0 Can you remember any specific conversation you had after the game was over then? Specific?No.General talk. Can you remember anything he told you? About what? Anything. Just general conversation. Do you remember any of it that he told you? It was a nice game,Sam.Let's have a drink. Did yau.A ever see him read English? N01 I did not. Did you ever see him write? No,I did not. And as I understand it,these cardgames that you are talking abou , .you only played cards with him,I think you said on a few occasio :.s when no one els e was available to play. A Mostly,yes. Q And you say about a month or three weeks before he died you pla ed cards with him at the Sokol Club? A Yes. Q A Q A Q <l: Z<l::i A>-(IIz .~Q II. Z g Aozi:~Q~ t-=~All:I-UI Q oJ<§ g Q.., %~ (II A uiII:IIIl-ll:o11.'III ll:Q l-ll:~ou ~U ii:AII.o Q Samuel Bell And when was the last time before that you played with him? Oh,a month,possibly. I'm sorry.I didn't get your occupation.What is your occupation? 11m land man hoist engineerl Republic Steel,Number 4 Mine. Are you related or do you know Mr.Scrip or any of the peo pIe involved in this ? No. Your only contact with him then was occasionally in the tavern? On a friendly basis,yes. How long would you be with him? Oh,sometimes hours.Other times lid speak to him on the stree if I passed.He was a friendly man. You had absolutely no difficulty communicating with him? Nllturally,anyone would have some diffiClllty.But if you concen- -t rated you could unders tand what the man wanted to say to you. But you also have no recollection of any specific conversation you had with him? Specifically,no. That's all. (Witness excused). 77 lora Bell FLORA BELL IS CALLED AND SWORN. DIRECT'EXAMINATION BY Mh.FRANCE: Q Please state your name and address. A 526 Walnut Street,Stockdale,Pa. 78 e <Ii Z oJ>UlZZIIJD.. i0~CJz :c!Ill<~ ..:l>'iI-til CeoJ<I:U C:J., :r.."III uiII:IIII-0:0II.11/0: I-0: ~:J0U ..r<I: U ii:IL 0 Q What is your name? A Flora Bell right now.I was known before when I knew him,Angelos, that's before he died,I was named Koussonbus. Q How long haveyou been living at your present address? A Well,I moved in August 15,last year. Q Where did you live before that? A Well,I was living up Roscoe on Furlong Street.They call it Fur ng Street or Main Street,you know.That's what the name of it is. They hav.e two names on it.I don't know why. Q Did you ever live in Stockdale? A Yes,I did. Q When? A I moved there in 1930 when I first got married to the first husban . And I lived there until 1969;and I moved to hoscoe and then I live there for almos t a year..ThE!:ll I moved down to Stockdale agai after I got married again. Q Did you know Angelos Karavolas? A Yes,I did. Q How long did you know him? A I.knowed him for 30 years;36 years I mean to say. Q A Q A Flora Bell How well did you know him? As well as I know myself.I guess you can call it that.I was around him.you know.most of the time. Did you know him before he had his voice box removed? Yes,I did. 79 Qco Z ~A ): If Z~Q ltl Z~Ac:z:t~Q.~ ~ Itl-ll: C A... oll !::e Q .." :z:~A Did you talk to him before he had it removed? Yes,I did. Were you able to understand him? Yes. ~fter he had his voice box removed.did you have conversatioIE with him? Yes,I did • Were you able to understand him? Every word he spoke. you call it.I forget what the name of it is. Did he use anything to help him speak when you would have con- OJIt ~QItCIL III It I-!!: 8 A...«UiLII..() versations with him? Well,for awhile he did.He used that thing on his neck.whatev r Q A You mean a vibrator? Yes.But toward the end,why,when he came to my hous e he coul talk without even that.I could understand a few words without tha . He began to s peak,you know,like that you could understand him. Not too plain,but you could understand him. Q Did you ever work for him? ell 80 ::::::-...>-c,...:;; tI: :;; Cl-e:;;; iIII "31 I-!: Itl-tt: C 4l: !: :I:~a- u:ItII.I-ItCLII.It I-..!!: Cl:.....CiL...c A Yes. Q How long did youwork for him? A Let's see,I think from 1966 until he died. Q What did you do for him ? A I cleaned his house;I washed his clothes. Q Would he be home when you would go to his house to clean? A Sometimes.Sometimes he'd be in to let me in the hous e . Q How often did you clean his house during that period of time? A Qh,once a week I cleaned his house.And once a week I washed his clothes.And sometimes I'd take the clothes back up to his house or held come down to my house to pick them up. Q During the three years you worked for him you would see him at least two or three times a week? A I seen him everyday. Q And where would you see him? A Well,he used to come in my house and sit down and talk to me a play 500 cards game a lot of times.And a lot of times I used to rna ke a little bit of meal.Sometimes he'd cook something and bri 19 something down to me,so I felt like returning the favor and Jld give him a meal,fix him a meal. Q During the period of time that you knew him,how did he act? A Normal;just like anybody else would. Q In 1969 did you notice any change in the way he acted? A No,sir,not at all. Q A Q A Q Ac ;;;c ):Q II 2~AII zc~Qz :E:~A~ ~irI-!!!.Q .J<§ g Q., :tt:: C\I A ai0:~I:oLIII~Q 0::::loo A .J<U~Qo A Q A Q A Q Flora Bell Did Angelos seem to know what was going on around town? Yes,he did. Di.d he·know what he was doing? Yes. Will you describe his manner of dress when you would see him ? You mean how he was dressing? Yes. He was always neat and tidy and dressy like a gentleman should Did he wear a necktie? Somet~).he'd put a tie on,but he couldn't fix it like you have. He'd tie it around his neck and hang down and put a tie holder to hold it down.Made it look neat though,you know,i.n a way• Did he wear a suit? Yes.Not all the time,but he'had a jacket.Sometimes iifre got cold he put the jacket on. Did you play cards with him right up until just before he died? Until he went,the last time he went to the hospitaL Was he able to understand the game? Yes. What game did you play? 500. Did he ever discuss his family with you? You mean Sam?His nephew,he used to talk a lot about him. What was his nephew's name? 81 Flora Bell A John.What's his last name?'I can't--- Q Did he te 11 you where his nephew lived? A Yes.He was a captain on a ship and he was usually all around different places. E2 Q Ac ;;;c ~Q): II:<! C AIIII 2!C Q..~2!iIt:A..~ ..=uii:l-UI ClI Q'e ..<Cij Ci A:::II... J::.......NI tAcrIII't-IC()L IIIII:..II: :J0 Qu ,J«Uii:AI&.0 Q A Where did he live? In Greece is his regular home. Did he tell you about any other family he had? He said he had a sister;she was a nun. Did he say where she lived,the sister lived? He said she was in Greece.That's all.He didn't mention no certain place. Did he mention any other family to you? He said he had two brothers,.I knowed of.I know one of them. He used to live right up there in Stockdale.He had a chicken far I used to buy chickens and eggs from his brother.Then he had another one.They both was dead. His brother Sam then. Sam is the only one that's living,besides his sister. Did he discuss any other :family with you? He told me he had some nieces,but he never mentioned too much about them. Q Will you describe any change in habits and moods that he exhibite in the last few years? A He never changed.He was always the same from the time I first Cl: Z Cl:>....>-OJZZIIIll.. i 0~"zi:UII<~ .... !?' 0::I-!!!0e.....~U 0:J., z.."(Of vi0:: IIII-0::0II.III0:: I-0:: :J0U ....«i3ii:...0 Flora Bell met him until he died. Q Will you describe any reduction in his,general reduction in his intellectual capactty? A What doyou mean?I don't understand.Would you explain? Q Yes.Twill be happy to explain it to you.Did he seem to lose his ability to think ? A No.He was always thinking right.He could count and he could ev n read American paper because he brQught it over my hous e and re d it. Q How do you know he could count? A Because he had papers or something.he used to count up some bills that he had,you know.Like somebody lent him some money he figured up,you know,how much he owed them people and he paid them when he got his check. Q Was he able to count toyour knowledge up until the time he died? A Until the time he went to the hospital the last time.because he wasn't home that long after he came home from the hospital.He died.Because I was there when he died. Q That's all. E3 ______...........,J;I-,I,Y..lk;l.....,e.e..l.Ud.-----'S....4"-- CROSS EXAMINATION BY MR.FINDER: Q A Q A CI Q z A;: lrZz QlI..0.. Zc Al-e:z i:III Q<l:~ .,: U 0:t-!!!a A...<:0a Q:J... :J:~A(II ui0:IIIt-o:00..III0:. t-Il::I'o·U oJc( Uii: lI..0 You are the beneficiary under this Will.are you not? That's wha t everybody says. Well,you m E8.n you didn't know it? Well,he~told me he was going to leave me some. Did you receive the money yet? No,sir,I did not. So that if the Will isn't set aside,you will receive $500.00. That's what I heard I was suppos ed to get $500.00. Now the day he died he died almost immediately after he got out 0 the hospital,did he not? No,he didn't• How long was he out of the hos pital the day he died? He got out of the hospital and he came on the bus.the whole way home.and he dragged his suitcase.because I was in the kitchen. I could see him coming down the hill from the busstop.And he co ::le upstairs and I heard somebody breathing real heavy.and I opened the door.and here he was standing there.And he came in the house.I brought his suitcase in the house and helped him in the house and he sat down on the chair.I took his coat off. Q How about answering my question?How long was he in the house before he died? A I'll say about,oh.I don't know.It's pretty hard to say. Q Three or four hours? A Q Something like that,I believe. Were you aware of the fact that he was that he walked out on his own? 85 not released from the hosJtal A I knowed this much:he told me when he came home,he said that they was going to pperate on him and he wanted to'know what the <II Z..~>:u;z ~Q z~CJzi (JI<:;= ..=~A I-l/)o ii ..I'e( §o g Q.... r..~A Iiir,III,f-0::() II.III~Q II:::J 8 A ..Ie( U,ii:II.o Q A Q operation was for and he wanted to know how much it was going to cost.And he·said the doctors wouldn't tell him and-...,.; Were you aware of the fact that the doctor and the hospital ad- ministrator,that very same day,had tried to keep him from lea 'fig the hos pital ? I did,n't know anything about that becaus e I was down there on Mon ay before • How long had he been in the hospital before he walked out? I couldn't just exactly tell you that because see,I was living up Roscoe at the time he was taken to the hospital. He was only in there two days,wasn't he? As far,as I know.I don't know that because like I said,I live up Roscoe.I was supposed to go down that week following. You said you saw him almost everyday. I did.But at that time I was wondering why he didn't come up. So it could have only been a couple days that he missed coming, wasn't it? A Yes. Q So he was only in the hospital two days before he came home. A Well,I seen him down the hospital.See,me and my oldest daugh::er .went down and I went down and seen him and he told me he was coming home on Saturday.And the nurse,I don't know what her 36 <II Q z<II>oJ>-u:z ~AII. Zg "zXUI«:= ..=~Q ~!!!.c oJc( ~g A., %..~Q name was,told me that he was supposed to be discharged on Satu,fda/. 5 So that's why I was surprised ttl see him at the door on Tuesday. Didn't he go in the hospital since you were good friends with hi m, just to have the opening in his throat widened a:little bit? I didn't 'know what he went in for this last time.But before,they didn't do anything but put oxygen on him.And he had the oxyge tent besides.all:that day I was down there. So here was a man the day you saw him in the hospital,one of th two days,who was in a hos pital bed in an oxygen tent.Is that rig ? No,he wasn't in a tent.He could get up and walk around. They were giving him oxygen. ui II:~A Yes,but he could take the oxygen anytime he felt like. oDo~Q They provided him with oxygen'and had material next to him to gi e~II: ::Jou him oxygen. oJc( U~A Yes,but the nurse told me he was supposed to come home Saturd y o and that's why I was surprised to see him. Q A nd you don't think it was unusual for this man to pick up his suitcase,walk out of the hospital,get on a bus,and come home at 85 years of age against the doctor's advice? MR.FRANCE:Jus t a minute.Thi question is objected to as calling for a medical con- Flora Bell elusion. THE COURT:The objection is su - tained;exception noted. Q You say he always acted normal? A He did. Q Was it part of his normal behavior to act by leaving a hos pital against the physician's advice? MR.FRANCE:This is objectEd to. THE COURT:The obj ection is su tained;exception noted • the conclusion is in the record and now I at least have to be able to cross examine her on what basis only time she co uld judge.She can't judge whether h e'l:: He acted normal in If the Court please,MR.FINDER: THE COURT: her opinion when he was in her company.That's the w~s acting normally or not in leaving the hos pital w forming this. ..:l:.~-;...-~II::...!!!a .IcC!la::lI"'I %:~(II uiII:III...II:oLIII II:..II: :loU .I0( Uii:...o s he wasn't there. Q Now did you see him when he was in the Charleroi-Monessen Hos pital in 1966? A No.I didn't get to go down.But I knowed he was down there. Q He was in the Allegheny General Hospital twice in 1968 and 1969, was he not? ell 88 A He was in there one time before I moved away from Stockdale because I called Dr.Murphy myself for him and he was taken down to the hospital down there then.That1s before this last. Q IX>I understand your testimony correctly that towards the end he stopped using this v.ibrator and talked toyou without it? Yes. No. make it hard to understand even what he was saying? Didn1t this vibrator garble what he was saying? That's who you mean?I don't know what his first nam"F n "un y. As far as I---you mean friendly with "Funny?"We call him He was friendly with Mr.Rygelski? And you never had to communicate with him in sign language? A little bit.Just a few words at a time.he.·would talk. Every \:yord he said? When he put it up there and spoke in broken English.didn1t it What do you mean,garble? No.I could understand every word he said. ~A ~Q~>Q··AIJto (;..Q~;:;; i IIc· ~AIII-UIc Qc ~c A ~Qco QI II\I Al-IICa\III Ql-II Cl A cLii\IC is. Q The man that testified this morning.Anthony Rygelski. A Well.toward the end.he didn't care too much for him.I guess. Q Was he also friendly with William Lundy? A Yes.he was. Q Didn't William Lundy drive him to get his groceries? A Yes,he did. Q Didn't William Lundy even take him on occasions to see the doctor? A I don't know about ta king him to the doctor,but I know he used to take him and get water. What Pete Scrip didn't do for him. Pete Scrip too. I said he took him around,but Pete Scrip took him too. by William'Lundy,was it not? Yes.I think that's I think she's answe ,edMR.FRANCE: THE COURT: an adequte answer. it three times,Mr.Finder. No,I'm---- He could read the newspaper because he would bring the newspap r 1»I understand you to say that he also was reading the newspap =-? Let's answer it.The huge majority of taking Angelos around was on= Mr.Lundy usee to do most of the driving around. I take it you don't want to answer my question. Mr.Lundy did almost all of it,did he not? Q c A :cc ):Q tI""AIIII :2 C QI-lliZXIII C~ ..=u Aii:....U)o 0:Q.ret§- D A::>.... :J:I::(II aia:IIIl-ll:0LIIIa: I-a:::l0U ..J"etUii:QIL0 A in sometimes.Sometimes I had the newspapers in my own house. He would look!i\at it and read som e of it.Some of the news that he wanted to readl he'd read. Q Now he s [X)ke a lot about his nephew Jo!:m,didn't he? A Yes,he did. Flora Bell Q He used to send his nephews and nieces packages to Greece,did te not? A He sent John packages. Q A nd he used to have people w rite letters to John for him,did he not? his family? Had he ever talked about even making a trip over to Greece Yes.He was expecting a visit from John. And he even expected a vis it from him? Yes. his nephew John in Greece. So that up until the time that Angelos died he was still friendly wi :1. get to come through. No.He used to write until he got so nervous toward the end,that' to be a cPJptain on the ship and he was supposed to come through before he died to see him and I guess for some reason he didn't Were you aware that he was writing to his nieces as well ? give them gifts all the time.He bought them gifts before.And the them because they wrote for gifts all the time and he said he coul He didn't write to his nieces because he told me he got mad:.at before he died.And then he quit writing to him. he said he quit.But John,he schooled him and put him through s A A long time ago,but he didn't because he went down to Pittsbur r. A.. z..>...>-Ul Zz QiiiD- i 0 AI-ClI ZXUlI0( ~ .,:: lJoii:I-UI D oJ«§ D :J.., %~"(II iiilI:IIIl-ll:0D-IIIlI:Ql-ll::J0U oJ«U Aii:...0 Q A Q to get a ticket and when ~e came back,something Sam did,he go Flora Bell mad. 91 Q A Q A ~Z<II>...>-IIIZ Z \IID. Z 0 QI-0z i:IllI«~ ..:Al)o 0::I-!!! 0 Q...<Q 0 A:l., :J:.."Q(II ui0::III AI-0::0II.III Q0:: I-0:: :l0 Au...<u Qii:II.0 Did John ever come to visit Angelos? Yesl he was there. When was that? I don't know exactly.It was in the summertime.He didn't stay very long because he had to go back on his ship.He had a trip here.I don't know if it was in 1950 something or 1940 something.I donrt remember. So if I understand you correctly,this 65 year old man was the same when he died as he was all the time you knew him. Well,he was showing his age. How does he show his age? Well,like any other person would. You.mean Iike he got forgetful? No. You mean he starrted to act strangely? No. Xou.mean like he started having difficulty getting around in doing things? A No.He done his things. Q How did he start showing his age? A Well,when you get a certain age you get shaky a little bit.don't you.? Q In other words,the only change you mticed in him was he starte to get shaky a little. A His hand shook a little bit. Q That's the only change you noticed? A Yes. 92 Q That's all I have. MR.FRANCE:That's all. (Witness excused). .. z..>....>-a:zzIII0.. Zg CJ Zx:~CAROL BYRNE IS CALLED AND SWORN. ~ ~DIRECT EXAMINATION BY MR.FRANCE:a:1-'tll~Q Will you please stateyour name and address? «ug A Carol Byrne,312 Railroad Street,Stockdale,Pa. "'l :I:5 Q How long have you lived in Stockdale? uiII:~A About 21 years. oII. ilia:Q How long at your pres ent address? I-a::J8 A It will be 13 years. oJ«U~Q How far away did you live from Angelos Karavolas? o A lid say about half a block. Q A block? A Yes,approximately. Q Did you know him? A Yes,I did. Q How well did you know him? Carol 93 A Q A Q A <t Q z<>A..I>-ellZz Q111ll- Z ()AI-Cl'Z :I:UI Qc(~ ..:!:!a:I- UI Q AoJc( U 0 Q:J~ :t......AN uia: IIII-a:0Q. IIIa:QI-a::J0 Au .Jc( Uii:...0 I've knowed him for about 25 years. Did you ever have occasion to have conversation with him? Many times. Were you able to communicate with him? Yes.I was. Were you able to understand him when he talked? Mostly . Did he have to use any mechanical device when he talked to you? Yes.He used his machine or whatever you call it. Were you able to have conversation with him right up to shortly b fore he died? ·Yes. Where would you see him? Well.everyday I seen him.I'd see him down at the Fonner's,up the club,walking up past my place. How did he dress? Sometimes a suit with a shirt and a necktie;sometimes casual slacks,white shirt,sport shirt,very neat.very clean. Q Did he continue to so dress up until he died? A Yes,he did. Q How aid he act when you saw him? A He acted normal to me. Q You never saw him do anything unusual? A No. Q A Q A Q <C A zce>Q~>-UIZ Z"ld A0. Z0....QCJzi:(Illce A?: .:u·QitI-!!! Q .J.:!:u Q A:l., :t.~ til QuilI:IIII-AII:0Q. IIIII:Ql-II: :l0u A.J<0 ii:Q...0 A 9L: Did you ever play cards with him? Many times. Where did you play cards? Down Fonner's,up the Sokol Club. Did you play cards with him up until shortly before he died? I'd say about a month before he passed away. What card games did you play with him? Pinochle,euchre,casino. Over what period ofyears had you played cards with Angelos? 1:11 say ten,eleven years. Did his ability to play cards change in any way over that period of years? No.He could remembe r all of his cards • Did he at all talk during the card games? ah,once in a while he'd say,"What's trump:?" And did he talk to people before or after the games? ah,yes . "Did he ever talk to you about his family? He mentioned one nephew.I don't reaJly know the boy.Just casually,like he'd say,"I have a nephew over in Greece." Q What kind of th ings did he talk to you about? A ah,he'd say,"How is the children"?'.t ..:And we'd play cards and he'd tell me,Bill Lundy was going to take him get groceries. He was to go for fish today or tomorrowJ you knowJ and he s ------tI --'ca.noJ...~:.r:ne.....-----__:_--------_I--J9::U5l- going to get water.That's about all,just nothing personal. Q That's alL CROSS EXAMINATION BY MR.FINDER: c Q ~c ~A): II 2!2!QiiiII 2!CI-AC!IzxUI Q<~ .=~AII:I-UI Q Q..I0:( Qc A',:J., :I:.."C\I Q eliII:IIII-AII:0LIII II:Ql-II::J0u A..I0:( 0iL Q...0 A ).ou are the daughter of Flora who just tes tified? No,I'm not. Your name is Carol Byrne? Yes. Where do you work? Nowhere. Are you married? Yes. Are you living with your husband? Yes. Now didn't you talk to Catherine Karavolas after Angelos died? Oh,I talked to Catherine lots of times. Didn't you tell,when she told you about Pete Scrip getting every- thing in the Will,didn't you say that was funny,that he never did c..ny- thing for Angelos? I didn't put it that way.I says I didn't know who was going to get everything or anything like that.It was no of my concern. Q Did you not tell Catherine when she told you that Pete got everyt ing, you said,"Why him?That he didn't do anything for Angelos." ______-I-Ca.r.ol Byroe 93 • A Q A Q c A :;; c ):QtI :i! :i!.. II :2 Cl-e A:2XIf.;Q I don't recall telling her that. It is possible you said .it but you don't remember? I don't recall.I might have. All right.Doyou also remember telling he r tha t he couldn't play I cards anymore? No,I never told her that. You never told her that?Didn't you tell her he couldn't play card for a long time? He beat me all the time. Didn't you also tell her that you had a difficult time understanding him and his talk? No.I actually could understand mos t of what he said. As a matter of fact,this vibrator only picks up vibrations,doesn t it?It doesn't pick up voice.Does it? I don't know what it does. Well,it doesn't come out the way you and I are talking,does it? No. It's a device that he places here and then he talks and what you h :tr are the sounds of vibrations.Isn't it? MR.FRANCE: that. A It was a voice. Q It was a clear voice? A Well,it wasn't perfectly clear. She's already answ rec Carol rne 97 Q As a matter of fact,he spoke English som avhat in the manner in'hich his brother Sam speaks,didn't he? Yes.A little bit broken. Just the way Sam does,doesn't he? Sirililar. And when you took away his voice box,you'd put the viJurator, when he spoke in English that made it very very difficult to even understand,didn't it? No.::!could understand most of what he said.I mean you had to li ten very closely. As a matter of fact,you could only pick up little snatches of it. Well,he talked broken.But if you listened you could understand him. You us ed the word mos t of it.Is that right? Most of it. And your version.:isthat you had to go through a great deal of concentration to listen. No,I wouldn't say that. And youlre a person that when you saw him it was us.ually in the tavern playing cards. Walking up past my place.He took a walk everyday. And I assume you noticed no change m:him all those years you knew him? A No.Not what you'd say change.He got a little bit older. Q A Q A e Q Ac :-c ):Q (I <I<I A"IIII 2 C Ql-I!2ia:A..~ ~Quii:...(/)0 OJ A...I:ct00 0 Q;).... :z:.."A<II ,m- Il:III Ql-ll:0L IIIIl:Al-ll: :::l0 Qu oJ<C,u ii:Al&.0 Q A Q A Q A arol But you didn't notice ~~::it affect him in any way? I would say. You never went to see him in the hospital? No. You never went to talk to his doctor? I didn't know his doctor. Did you ever go up to the apartment where he lived? Yes. Did you ever notice the water damage around there? Well,I never noticed none in the apartment,no • Did you ever see him turn the water on and just leave it? No.I never seen him turn the water on. When was the last time you were in the apartment? Well,right after he passed away. When before he died was the last time you were in there? I'd say 166,167. You went up to his apartment after he died? Yes.I went up the steps. With whom? I was there when Catherine and Mrs.Koussonbus was there. Who else was the re ? I don't recall.I think that's all. What brought you up to his apartment after his death? Nothing.I just seen the lights on and I wondered what was going, e c :;; c ~>II2! 2! IaII Z Cl-e:z i UI<~ ..=uoirI- UI 0, ,J<U Q :l., %~C'4 iiia:III,I-a:0LIIIa: I-a: :l0U ,J<Uii:I&.0 Carol B rne It was in the evening. Q I have no further questions. (Witness excus ed). RALPH ROZZI IS CALLED AND SWORN. DIRECT EXAMINATION BY MR.FRANCE: Q Please state your name and address. A Ralph Rozzi,208 Railroad Street,Stockdale. Q How long have you lived at 208 Railroad Street? A About four months. Q Before that where did you live? A I used to live at 230 Bow Street,Stockdale for 21 years. Q Did you know Angelos Karavolas ? A I do. Q How far did you live from where he lived? A About---well,we have a big block and a half. Q How long did you know Angelos? A Nineteen,twenty years. Q How well did you know him? A I talked to him everyday when the occasion rises. Q Where would you see him to talk to him? A You mean lately or---?I used to see him at his beer garden.I talked to him there. 99 Ral h Rozzi 100 Q Prior to his de ath'? A On the street corner. Q Anyplace else? A Walking past my house. Q Are there any other places? A No. <t: Z ~Q >-UIZ ZIIIDo i:e Al'l'Z :r VIc(~ About how often would you see him and talk to him for a year or 0 prior to his death? Well)usually on Tuesday nights.See)I'm the policeman and I direct traffic on the corner when we have a Bingo.And that's Did you understand him? Yes.He used the vibrator. now.But I'd catch what we were going to talk about. Well)you have to listen close and I'd catch it.Not everything ~u where held usually stand on the corner right by Mr.Karavolas's tOlre.ii.. VI~Q Would you talk to him there? ~ug A I talked to h im there;we talked.., :I:~Q Did he us e the vibrator when he talked to you? uiII:~AII:oa..~Q..II: ::l8 A ...I~uii:II.o Q How did he dress? A Very well;neat. Q Will you describe his manner of dress? A He usual~r had a suit on and a white shirt~necktie.But he woul 't put a bow in.HMa cross it and put a tie in on account of his hole in his throat. ozzi ·01 Q Were his clothes clean and pressed? A Always clean. Q How did he act? A He acted all right to me. Q Did you notice any change in him during 1969? A In 1969?-u:2~A Not when I talked to him.III z ~Q That's all.z J:u: <I~ CROSS EXAMINATION BY MR.FINDER: ~!:i! II:I-UI Q...0( ~g Q ~ :I:~A uiII:~QoD.IIIII:: l-ll::JIg A iti~Qo A Q You'd see him on a Tuesday night on a street <torner in Stockdale. Yes. Have a couple moments of conversation with him and he'd be on his way. Until traffic would be letting out,weJcl.talk. Just for a short while? Yeah. And you,the way I think you described it was that you had to liste. close and then you could pick up snatches of it. A I didn't say snatches. Q What did you say? A I said I'd pick up the conversation. 102 Q What you would do is you'd pick up what you thought he was sayin . Wasnl t that how it worked? Yeah.Just like Pm picking up what you're saying. Except I don't s peai<in broken English with a fJibrator,do I? No. And the vibrator does not project the voice the way I am projecting my voice,does it? No. As a matter of fact,it comes out---what you are really hearing is the sound of vibrations,aren't you? Yes. I suppose itls some what---the brest way to describe it is like cle static.Isn't that it? No. It comes out in a static form,does it not? No.I wouldn't say that. Andyou never talked to him without the vibrator,did you? Oh,··yeah.I could talk to him without the vibrator. No,him.He never talked without the use of the vibrator,did he? He'd start,then he'd get the vibrator out of his pocket and use it This vibrator amplified the vibrations in his throat,isnIt that what it did? A I guess that's what it does. Q And other than those passing conversations,you aren't familiar A Q A Ralph Rozzi with his habits around his house or otherwise? His personal life ?No. And you didn't visit him up at the apartment? No. You didn't visit him in the hos pital ? 10-3 Ac ;;;c ~Q); tI:a ~Aa :l!~QziII:..~ ~Aii:l-UI Q...«~Q ::Jo... :z::/:: N1 Q m0::~AII:oII. ld~Q II: :::loU...c( Uii:II.o No,sir. You never saw his doctor about his condition? No. Your testimony is based upon these occasional meetings once a w ek on the street corner. Well,not---now not every Tuesday.lid see him in between that or maybe I wouldn't see him for two weeks.Maybe I'd see him f ur times in one week.It just doesn't mean every Tuesday. It was just a short passing. Just like a bunch of other fellows standing on the corner too. That's all. (Witness excused). Au ust Sismondo AUGUST L.SISMONDO IS CALLED AND SWORN. DIRECT EXAMINATION BY MR.FRANCE: 104 Q A Q A<II Z..> >=u:z~Qa. zg AClz i:~Q~ Wi.ll you please state your name and address? August L.Sismondo,143 Maple Terrace,Charleroi,Pa. What is your occupation? Attorney-at-Law.Presently I am Director of the Washington-Gre :me Legal Aid Society. How long have you been attorney-at-law? Since September of 1928. You have been admitted to the Bar of Was hington County and the September 27 or 28,live been admitted,Judge;1928. And you have practiced law in Washington County since then? ,.: l>' ii:I-!!! Q A..I<I:U g Q., :t..~A ui II:IIIl-ll:oDo III lI: l-ll::l 8 Q ..I<I:Uii:l&.o Supreme Court of Pennsylvania? That's right. Since when? THE COURT: whichever that was. MR.FINDER: The same day I was. We stipulate Mr. Sismondo was a long-time practitioner of the Bar. THE COURT:And a good one. Q Did you at one time represent Angelos Karavolas? A Yes.I want to state though,since April or May of 1968 I became the Director of the Washington-Greene Legal Aid Society,after which time I represented no private clients.In answer to your f'rst ismondo 105 question about representing Angelos Karavolas,I did represent Angelos Karavolas in a suit with his brother.But I don't recall the dates.So I haven't had occasion to check my files. Q Do you recall a suit in equity for an accounting that you started for Mr.Karavolas? ..A z..~Q trZ~AII. ZC~Qz :z:~A~ That is correct. That was against his brother Sam and his brother SamIS wife. That is correct. And that suit was in this county.? Thatls correct. An equity case? I think so. DOYou remember ~iLt.coming to settlement around 1965? :r:.."til 'IilI:III~lI:oII.IIIlI: l-ll::JoU ...I<oii:I&.o A Q A If that's what the papers show,I'll agree to that.I haven't had occasion to look at my files and I can't tell you,Mr.France. And at the time this case came to settlement,were you able to communicate with Mr.Angelos Karavolas? Yes,I could communicate with him.I had some difficulty in understanding him to a certain extent,because I didn't talk to hi - lots.The only time I talked to him was when we were in Court a when he came to my office or a couple occasions when I went up I) the store and his apartment where he lived.On one occasion I think I saw him in the bar,which was run by Mr.Tokar,which is near his place.I'd have to go there to get a hold of him. Au ust Sismondo Q Were you able to understand him when he would use the vibrator? A It tOOl<.a little bit for me to accus tom myself to his talking, but eventually we unders tood each other. Q It did not require the services of an interpreter for you to communicate with him? 106 A >:u::zZ II.. 11. ZCl-e:zi:(IJ<~ ..=0'it'I-UI ~Q <{u o :::l., :I:~A uiII:IIIl-ll:o11. III lI:Q l-ll: :::l8 A ..I<{ U iL Ql&.o A Not an interpreter,but I think a couple times he had somebody with him.If I'm not mistaken,Mr.Dolan came with him,who could understand him a little bit better than I could.But eventual I could understand him.It was hard for me to understand him because I couldn't quite understand his terminology,that is the way he talked with the vibrator. And at the time that this case was settled,was Mr.Karavolas ab e to understand the terms of the settlement? Well,we explained them to him and he indicated he understood them,but he didn't like them though. He did not like the terms? No,he didn't like the terms . So is it your conc!us ion that he understood the terms? There's no question he understood them because he carried them out and we helped him carry them out. Q Thank you.Cross examine. ismondo 107 CROSS EXAMINATION BY MR.FINDER: Q This is in 1965? A If that's when the records show. Q 11m going by the date he gave. A I don't know.I can't tell you for sure,Mr.Finder. <t Q And if I underst and you correctly,Mr.Sismondo,over a period z<t~of time you had difficulty and on occasion you had to turn to some IIIzZ~body who was with him to help you understand him until you got re 1 ioIi used to it? zi:~A You see,I didn't see him too often,Mr.Finder,and naturally, Yes,but I eventually understood what he said. It did garble what was coming out? it difficult for me. English.That I could understand.But just the vibrator that mad A Q 1--~I couldn't qu ite understand him becaus e I couldnIt unders tand the I-UI ooJ words the way they came out with the use of the vibrator. c(u~Q The vibrator sort of garbled his broken English? :I:0-r-N A As far as I was concerned,there was no question about the broke uiII:IIIl-ll:oII.IIIlI: l-ll:::loU oJc(~...II.o Q How many months transpire,.eLbefore you could really get down to handling it you rs elf? A Handling him? Q Yeah. A Well,here is the trouble:I didn't see him everyday.I would onl see him on occasions.And when he came to me it would be like Au ust Sismondo it was starting over again. Q Let me put it toyou this way:would you say it was the fifth,sixth time after you had talked to him that you could communicate alon ~ with him? 1::>8 A ~z~Q>-U1ZZ ILlQ. Ze A\!)zi:!II0(~ .:uii:l-ll) Q ..I0(o Q:J., %~Q viII:~A0:oII.III0: I-0: :J8 Q ..I0(oii:AIL.o No,lId say even up to the last timEt:,because sometimes his words didn't come out correctly that I could understand them. And I assume you had no further contact with him after that was over in 1965? I did have some contact with him up until I became the solicitor, director for the Legal Aid Society.I can't tell you exactly when h terminated coming to my office,but I did know he came after the case becaus e he brought in papers that we had to complete and st ff like that.I don't know whether I made a Will for him or not. Yo u think you may have even made a Will for him? I know he discussed a Will with me.He also asked me who anoth r lawyer could be to go to to make another Will. Did you refer him to any lawyer? He discussed a lawyer in Monessen and it was a Greek attorney, and I told him it would be a good man to go to. Q Tha tIs all I have. (Witness excus ed). GEORGIA DUFALO IS CALLED A ND SWORN. DIRECT EXAMINATION BY MR.FRANCE: Q Please state your name and address. A My name is Georgia Dufalo.I live at 731 McKean Avenue, Charleroi. 109 <Q ;a <,A): (II22 QI&; 0. Z C~AIJZi:III Q<~ ..=u :Aa:I-UI c Q...«§ c A:J.. :r....... 01 Q via:IIII-Aa:0L IIIa:QI-a: :::J0u A...<Uii:Q...0 A" Q A Where are you employed? ~I work at the First National Bank and Trust Company,Charleroi.' How long have you worked there? About two years now. Did you ever at any time work for an attorney? Yes. Who? You. For how long? I think it was only for a couple days. Was that on a temporary basis? Yes. Were you employed somewhere else at that same time? I can't remember when it was. You were there to fill in in my office is that correct? Yes.Something happened to your girl or som ething.I can't remember. Q Do you recall a man by the name of Angelos Karavolas being in my office? Geor ia Dufalo A Yes,I do. Q Were you in my office at the same time that he was in my office? A Yes. Q And by my office,I refer particularly to the room that I practice law in. 110 Ac 4j c ~Q;: tI4j 2 AIIII Zc Ql-e2i CII«~ ~AtJIitI-en Q QoJ<I: § Q A:J., %.."QN iii II:III AI-D:0L111D:QI-D::J0U oJ<I:U ii:A... 0 Q Yes. Not the suite of offices,but in my room. "):"es .' Do you recall being present when Mr.Karavolas signed a paper des cribed as his Will ? Yes. Did you see it? Yes. Were you present when he signed it? Yes,I was. Did he indicate to you and to all of us in the room that it was his Wi.ll ? Yes. Will you please look at this paper marked Proponent's Exhibit "A I and study it please?Doyou remember signing that? A Yes.I do. Q Is that your signature at the very bottom? A Yes,it is. Q And do you remember who else was present when you signed that r Geor ia Dufalo 111 A Q A Q A Cl Q ;0c ~A): fJZZ IIII ZCI-l!JZiIII<~ .,:uoi' I-~a Q...I0( Qa A:J""l :z:I-"Qtil ai0:IIIt-o:0L III 0:AI-0::J0 Qu ...I 0( U ii:...0 There was another guy with him. Anyone else? No.Just you and me and him and this Angelos. Did he sign it in your presence? Yes he did. Did he indicate toyou in any way that this was his Will? Yes.I believe you asked him if it was.you asked me.to come in because I had never done this before and you said.you asked h'm if this is his Will and something about if he believes everything that's in it or something.and he said."Yes."He indicated to m that he wanted everything. It was after that that he signed the paper? Yes. And then after he signed.you and I witnessed his signature.is t :3.t correct? Yes. That's all. CROSS EXAMINATION BY MR.FINDER: Q Do I understand that you were called in after the Will was prepar.j? A Yes. Q Did you type up the Will ? A No. Q A Q A You were not the secretary who typed it up? No,I wasn't. .Do you remember,was there another girl in there at the time? No. U2 Q ==·-:;;....~A·~c:.Q·c..l;;I iII ~A I-!:~Q !!:c III II:...I-~Q LI&.II: I-! Cl;; And Mr.Karavolas went into Mr.France's office and then you came in later? Yes. Do you know how long they were in there,Mr.Scrip,Mr.France and Mr>..Karavolas,before you got in there? Gee,I really don't know., Do you have any recollection of how much time lapsed before you i were called in? Well,I don't know.I'd say maybe about an hour or something. But I really can't remember.It couldn't have been too long. And when you got in,Mr.France laid this down in front of Mr. Karavolas and said to him,"Is this your Will?"And he said,"y s." And then he i$igned it. Yes. Q By the way,he had some difficulty signing it,didn't he? A He had;I remember that.He wrote real shaky and slow. Q His hand was shaking rather badly when he signed it,wasn't it? A I can't remember badly,but I just remember watching him. Q Looking at the Xerox copy,the writing is rather scribbled,isn't it? would sa it's kind of shaky. Geor ia Dufalo 113 Q And I take it you didn't ha ve any conversation with Mr.Karavolas? A No. Q That's all. (Witness excused). ~<~BILLIE UNIK IS CALLED AND SWORN. )-~: ~DIRECT EXAMINATION BY MR.FRANCE:c ;;; ~Q Please state your name and address. :l! 'i :A Billie Unik,445 Walnut Street,Springdale,Pa.3: I-Q!: It:l-ll: C A.JI:!. t.:£ :z:/::QN cDIt: IIII-It:CI-IIIIt:A..!!:C Qto: oJ<I: Uii:A...a Q What is your occupation? I'm coding.analyst for Allegheny General Hospital,Medical Records Department,Pittsburgh. Did you bring with you records of that hospita~of Angelos Karavo as for admissions in July and December of 1969? Do you have the Subpoena? Yes. In answer to your last question,July and December of 169. Are those records made contemporaneously with the facts record d thereon? A Yes. Q At the time of those records,to your knowledge was there any contemplated motive for falsification? A No,there wasnIt. Billie Unik 114 IMR.FINDER:We will admit that if she says they are hospital records we have no ObjeC~ior:. MR.FRANCE:01(ay.If it please the Court,these records have been subpoenaed here today for the purpose of allowing Dr.Owen Benton the <8Z <II>...I>-IIIZZIIIlL. Zg l!J Z i:UlI«3= opportunity to examine these records prior to his , testimony.He was advised that if he were to come a~ 3:30 we felt that the Court wo uld allow him to testify a little after that,after he's had an opportunity to examine these records.This would just about concl ,de somewhere around 3:30 and we would,I am certain another witness or two and expect Dr.Benton to be our portion of the case up to this point.We would as that we will be able to complete this case today. Is there any otherTHECOURT: testimony of this witness? here to testify at four.We expect him to be here for a slight recess now and we will continue with 1-- ~' a:I- UI Q ...I<~Q ::J., XI-"N oja:IIII-a:oII.IIIa: I-a:::JoU ...I<Uii:ILo MR.FRANCE:Yes.May I have those records please? (Continued examination by Mr.France): Q These records you hand me are the records of Angelos Karavolas for the admission times that I have rre ntioned? A Yes.July and December,169. MR.FRANCE:At this time,Your Honor,we would ask leave to 115 excuse this witness so that we can proceed as I had suggested to you.We would ask a recess in the Court now;after the recess we will continue with the balance of our witnesses and look to Dr. Benton to go on the stand at 4:00 olclock or a little before. MR.FINDER:et z et~MR.FRANCE:>-VIZ~THE COURT: zol;MR.FR.ANCE:z i:~THE COURT: Is Dr.Benton the last witness? No.I have one or two other witnesses to put on. You are going to call them before Dr.Benton? Yes.JIm asking the Court for a recess now though. Yes.In a moment we will see.Do you have any que tions e. ..= !:!of this witness,Mr.Finder?II:l-eno .J MR.FRANCE:What I am going to ask for too,Your Honor,is that«u g if any portion of this record is deemed desirable to be admitted., x;:: N into evidence,that we be allowed to leave Xerox copies of any viII: E portions that we deem desirable to be admitted. oD-III~MR.FINDER:Well now,I think that I am entitled to have the entir II::Jou record introduced.That is the purpose of having the witness testi y .J«U~to it,not portions of it. o MR.FRANCE:We offer the introduction of the entire record,Your Honor,subject to any portions that are to be admitted as exhibits, that they be Xeroxed and those Xerox copies left. THE COURT:When an instrument is received in evidence you don I follow that up by taking a picture or a Xerox or a photocopy of a portion of it for the record.When it is admitted in evidence the .:.16 whole thing is admitted in evidence.If we are going to receive it we receive it all.Right now the opposing counsel is examining the exhibit.We will give him an opportunity to do so. MR.FINDER:Yes,but I am assuming that the entire exhibit will go in. must leave this record here,we must withdraw that particular Well,if the ruling of the Court is that this witness Let's see what happers That is the ruling of the Court. MR.FRANCE: THE COURT:~z ol:>..I>-all Z ZIIIa.. iol;offer that it be a part of the evidence. z:r~THE COURT:We can talk about that later. ~ to withdraw the exhibit,I will intiroduce it.I understand what the I won't want it withdrawn because if Mr.France doesnIt put it in, in place of the original.Unless you want to leave the original wi h p;uoblem is.We have to make a Xerox of it and we will have to agree I have no questions of the witness now,except that that the Xerox is a copy of this record and introduce it into evide ce I certainly intend to put it in.I want that clear now,that if he triE S now. viII:b/l-ll:oD-Idll: l-ll: ;:)oo ~Uii:II.o .,:oii:I-UIQ oJ MR.FINDER: ~~o;:) ~ :I~N the Judge and he can return it after he has Xeroxed it. THE COURT:Are you asking,Mr.France,now,that this witnes~ be excus ed finally? MR.FRANCE:No. THE COURT:Is this witness going to remain while the doctor test 'fies ? MR.FRANCE:Yes. THE COURT:Well then,the other problems will be handled by 1]7 the Court subsequent.We are not going to decide those issues now.We are going to wait,of course,entertai.ning other testimon:y that is relevant and accessible,we are going to wait until the doctor testifies and examines these records,which he will be <C Z<l:>..I>-IIIZZ1&1D. Zee-zi:!J)<~ required to do in order to properly testify.Then we can make rulings on them.Presently,we will recess,if there are no questions that Mr.Finder has of this witness,we will recess until five after three. (Witness excus ed). ..:~RECESS I- UIQ ..IoctU ~(At 3:05 P.M.,the hearing reconvened): :z:.."<II PETER SCRIP IS CALLED AND SWORN. DIRECt EXAMINATION BY MR.FRANCE: uia:IIII-a:oD.IIIII: I-~Qou ~AuiL... o Q Please state your name and address. Peter Scrip,561 Bow Street,Stockdale,Pa. How long have you lived in Stockdale? A Practically all my life. Q How old are you? A 47. Q Did you know Angelos Karavolas before he died? A Yes,I did. Peter Scri U8 Ch,sometimes maybe everyday.Sometimes maybe I wouldn't se Various places.He would walk around town.H=would come down past my garage when I worked in the garage,or I'd see him in th Were you able to understand him after he had an operation in 195!:? -I How did he act when you saw him? Yes. Are those places all in Stockdale? Fonner's.And later on it exchanged hands. And what beer garden? You mean the Sokol Club? beer garden,in the club. Where would you see him ? Yes. him in a week or so.It depended if I worked nightturn,I would n ver see him. , Did you have occasion to see Mr.Karavolas while you lived therel in Stockdale? Yes. How often would you see him? Yes. How long did you know him? How well did you know him? Quite well. Probably since I've been a little kid. Q A Q A e Q -A c :;;. ):Q II22.. II 2 C At-~ziu:Q4~ ..=tJ Aii:I-l/llQ .JI<:~0:Jo... %..,.,QCol ra0::111 AI-0::0LIII0:: I-0::;:) 0u ,.JcUii:QIL0 A Q A Q A Q A Q A Q A c :ac,Q;: rJ2 2..III Z ~Al:Z i:~Q3= Peter Scrip Just acted as well as anybody. Did you notiCe how he dressed? Yes. Will you describe his manre r of dress? Possibly as neat as anyone could dress.I mean he was a real fin looking man. Did you observe any change in his manner of dress toward the en of 1969? Never did. Did you notice whether or not he was able to care for himself? 119 I-~ ~A I-!!!~Q 0( U D:J... :r~ (II A uiIl:IIIl-ll:oII.III~Q II:::JoU ....0(u~Ao Q A Yes.I thought he could care for himself. A nd will you tell us why you are able to say that he could care for himself? Well,he conducted all his own affairs and businesses. that he used to do his own cooking and stuff like that. Will.:you describe any unusual behavior you might have noticed .I him? None. Did he ever discuss his family with you? No,I wouldn't say that he did.Outside of his brother and sister-n-law here. Q What was the nature of those conversations? A Well,different reasons that he would mention about things that h is brother wasn't treating him right and things of that nature. Peter Scri He asked me to speak to him once. 120 Q A Q A c Q ;;;c ~A ): IIZ Z IIII Z~Qc:2i~A~ .,: UI QiE~U!" o A oJ c( Qo:J., :tI::til uiII:III..II:oLIII =QII::JoU oJc( Uii:AILo Now was he able to---was Angelos able to talk toyou? Yes. Were you able to understand him? Yes. Did you have difficulty in understanding him? I wouldn't say that I could understand him one hundred percent, but I could understand him. Did he contact you in regard to having a Will drafted for him? Yes,he did. What did you do after that contact? Well,for some time I just didn't get around to it at the eocact time thathle:wanted it and he came to see me several times.He even came to my house and then,so finally I made an appointment at your office to have the Will drawn up . Do you recall how long prior to October of 1969 it was that he fir - contacted you before having a Will made? Well,sometime before that.I can't say the exact amount of mont or wha t it was before that. Q Did you make an appointment at my office? A Yes,I think I did. Q Do you know whether or not Mr.Karavolas came to my office? Did you bring him to my office? A I brought him to your office. Q Was that prior to the day he signed the Will?Did you bring him into my office prior to the day he signed the Will ? A Yes. Q I meant that he signed the will.Did you come into my office with Mr.Karavolas ? 121 c A :;;c ):Q fJ 2~Aiii zc..QCI.Z J:~A .,:~Q..(/) Q .I0( §g A., :tt::N iii0:III..0:oLW 0:..0: :Jo l)Q .I0( (; iLII.o Yes,I did. Did you introduce him to me? I suppose I did. Did he then begin to tell me what he wanted? Yes . Was there any point that you had to aid me to understand Mr.Ka volas? Well,I remember about the church that he left money in the Will. And we had to find out which church it was.And also Mrs. Koussonbus1s name.We couldn't spell it.Well,neither could I spell it at that time • Other than that,was there any other help I had to get from you to understand Mr.Karavolas? A No.You might have asked me if I understood or you asked me if I understood something.I might have said yes. Q Was the Will typed up that same day you first came there? A I don't think it was typed up that first day. Q You returned with Mr.Karavolas on a later date? A Yes. Q And on the second time that you and Mr.Karavolas came,was the Will s igned that day? A Q A =:Q 0(:;.A...>II·•QL ·0 "0·ii:A-:;: t Qal-II C Ac l E Q-. j;l-t" q"aIII-AacIIIaQI-!!c·l-A c l'ii QIIC Yes,I believe it was. Do you remember who was in the office when he signed the Will? .Yes. Will you tell us who was there? The young girl that testified here,myself,Mr.Karavolas and you . Before he signed the Will and before the young lady that testified earlier came into the office,do you recall what,if anything I did? You read the Will and you asked him if that was satisfactory. Did he indicate anything? He indicated that he understood and he accepted it. Did you come into possession of Mr.Karavolas's papers following his death? Yes,I did. Is this document one of the things you found in h is apartment? Yes~it is. Let the reco rei show that this is the Certificate of Citizenship giv~n to Angelos Karavolas in the Court,of Common Pleas of Washingto County,Pa.,on April 10,1939,showing the signa ture of Mr. Karavolas thereon;at that time~showing his natural age at that time to be age 48.And I offer this to the Court for their exami- nation,it being an official document of this Court.I call the Court's particular attention to the signature on that document;it Peter Scri appears both on the photograph and at about the center of the page. Do you see the signature of Mr.Karavolas? A Yes,I do., 123 Q Now areyou looking at the one on his photograph or the one on the cer.te r of the page? A -fll ZZIIID. Ze A l!IZ:c UlI Q«~ ~Aa:I-UI Q Q ..I<2Q A :J.., :t~Q Yes,I see both of them. Look at the one at the center of the page.Would you describe its appearance?Does it appear to be shaky? Ragged. A nd shaky? Yes. Wereyou present when Mr.Karavolas signed his Will? Yes,I was. Who else was there? Did he indicate in front of me and in front of Miss,'Dufalo that tha iii~AI-a:oII.~Q I-a::JoU ..I<Uii:l&.o Myself,you,and the girl and Mr.Karavolas. was his Will ? MR.FINDER:Obj ected to as lead·ng. ,e A Yes,he did. THE COURT:The obj eetion is sustained.We sustain the objection and he answere the question.But it is of no import since we sus tain the obj ection.So you may ask another ques hon that is not leading. Peter Scrip Q When Miss Dufalo,myself and Mr.Karavolas were ;911 together present there,what if anything did you see Mr.Karavolas do? A I saw him sign the Will. Q You saw him sign the Will? A I saw him sign the Will. Q That's all... z..> >:u:z ZlI.II. Z~CROSS EXAMINATION BY MR.FINDER: z~Q lVlr .Scrip,you are the Mayor of Stockdale? ~ 124 ..=Al:!II:...(jJ Q Q...<~ t)A:II.. r~Q(1/1 0) II:~A II: () II.~'Q l-ll::::l8 A ..I« U Qii:II.o A Q A Q A Q Yes,I am. How long have you been the Mayor? I'm on my second'term. Those are four-year terms? Six years coming up. Now Mr.France was your attorney,was he not? My attorney? Yes. For what? Any business that you had. None.I've never had no attorney in my life. Was he the Borough Solicitor? He happened to be:the Borough Solicitor. Did I not ask you at your deposition whether or not Mr.France wasn't your attorney and did you not answer,"That is correct?" MR.FRANCE:Mr.Finder,I obje t to the method that you are using.If you want to cross examine him from the deposition,please show 125 to him what you are referring to.Let him read it anj Page nine,I asked you,"Now who is your attorney when you nee legal services?"Your answer was,"Mr.France.II Is that corr ct? ::!:z<t>....>-UlIZ Z III D. Z~Qz::r:til c( 3: then answer. ['HE COURT: sustained. The objection is ..= !:!Aa:..til ~Q c( Uii:J... x~ N A oja:5 QoII.IIIa:..'a::JoU A ...Ic( U~Qo Yes. All right.And it is true,is it not,tha t Mr.Karavolas Bhose to go to Mr.France through you? I would imagine that was right. And you were the person who made the appointment for the discussion of the Will. Yes,I did. And as far as you know,Mr.Karavolas had never used Mr.Fra ee for his attorney prior to this. A I had Mr.Karavolas to Mr.Murphy's office.But I'm not sure whether it was before---Jlm not sure. Q Page nine,I asked you,"Had Mr.Karavolas,toyour knowledge, used Mr.France or Mr.Murphy before this occasion for anythi e:?" And your answer was,"I don't believe."Is that still correct? A It's possible then I didn't take him before. Q How many visits did Mr.Karavolas make with respect to his Wil to the office of Mr.France? ]~6 A <II Z<l:.:i Q >-mz ~A i.~Qz::c~A~ ~~Q I-UI o AoJ0( §g Q... :I:..~.A aiII:5 QoII.IIIII: l-ll:::J8 A ~ (; ~Qo I imagine all told I had Mr.Karavolas down there possibly three or four times.I had him down on other occasions.Like I say,I don't know. How many times was he there for the discussion of his Will ? I think the two times. One time was to discuss it and one time was to sign it? I think thatI s right. When was the first time you took him down to discuss the Will? I can't recall the exact date. And you stayed in the room on that occasion? Yes,I did. And are you saying that you did not convey any ideas or help Mr. France to understand what Mr.Karavolas was saying? No,.I did not. And you sat there and you heard Mr.Karavolas say on that occas :m that he was going to make you his principal beneficiary,did you (It? A That was the end of the Will,yes. was Q That's what the discussion/you heard the first time he was there, wasn't it? A Yes. Q Did you think it was proper for you to stay there while this elder ];;7 gentleman made a Will at your lawyer's office while you were bei g named the principal beneficiary? A No,I hadn't give it any thought. Q And after you came back,how much time had elapsed before you came back for the signing of the Will? No. Yes. shaking your head. deposition was taken,were you not? I object to this que tioe,MR.FRANCE: only been down to his office--- which was that Mr.Scrip was in Mr.Finder's offic mainly on the inaccuracy of the pre-empt question Do you.remember Mr.France testifying that Mr.Karavolas had Now you were also present in my office when Mr.France's Now when he came back to sign the Will,was that when he had some discussion with Mr.France about t he equity case?You'r I imagine maybe a week or ten days or somewhere along there.ot A zot>Q...)0-mzz III 0.. i0...\!JZi:II)<A~ .=u QiiiI-!!!Q oJc(~c A::>..., :r~"(II QiiiII:IIIl-II:0II.IIIII: l-II:::>0u oJc( Uii:II.0 when I was deposed because it is my recollection th - Mr.Scrip was excused and left to go into the hall. THE COURT:The obj ection is su - tained;exceptim noted. Q You were not present? A No I wasn't. 128 Q When Mr.France's deposition was taken? A No,I wasn't. Q Isn't it a fact that after the Will was typed up.Mr.France read the Will to Mr.Karavolas ? A Yes.he did. c Q ;;; c~ ): fJZ ~AII 2C~Q 2 :z:~A~ And you are saying that ~(jjn October 6,1969 there was no difficult unders tanding Mr.Karavolas ? No. Now the vibrator makes a buzzing sound.does it not? Yes.it does. us if there is something that he doesn't understand. And it picks up the vibration of the tongue as he is talking out of i . knows how the vibrator works or not. call for medical opinions.I donft know if this witne mThewitnesscaninf This is starting to THE COURT: MR.FRANCE: doesn't it? I have heard it and--- ..:~Q I-(I) ii...«U CI:J.... :z::::N iiiIX~IXoLIII IX Al-ll::JoU...«Uii:...o Q Mr.Scrip,I believe you said that in all the years you knew him you were only up at his apartment once or twice. A Yes. Q And in the two times in 1969 when he was in the Allegheny Hospit ]. you only visited him on one occasion? A Yes. ------..n---------------J;::.Iet.e..r.....SoJ,,;c~r;,j,.ipf._J_---------------_.,--L.12",-9~ Q Were you also aware of the fact that in July of 1969 that he left the hospital without being released? A Q A ::;Q :::-..>Q··uCo·(tI-At··iII..Q~ I-~III-(J C c~E A, ~,. co Q CI II..l-IIC•..II AI-!! CL cLii Q..c I went after him in 1969 in July.I brought him home. Did you take all his valuables,his suitcase on that occasion? He took everything he had. Then Dr.Murphy is incorrect,is he,when he said that all the suitcase and 'valuables were left on the July admission and they had to hunt somebody to pick them up '.? No,I wasnrt aware of that. And in December just five months later they had to call you in a ii rush from the hospital to tell you that he was about to leave againl without permis sion,didn't they? T hey called me on the morn mg,yes. And did they tell you that they could not communicate with him and couldn't get him to stay? They didn't tell me they couldn't communicate.They did state tha t he wanted to go home. Well,you told the nurse who called,"I'll be there as quick as I can.Keep him there."Isn't that right? A Yes. Q And this 85 year old man got out of there before you got there, took the taxi to the bus station and caught a bus. A Yes. ou are not sa in that the signature at the time he Peter Scri signed for immigration is the same as the signature that was on the Will? 130 MR.FRANCE:If it please the Court, c: :a.. we had left that for the Court to observe.We hadn't E!sked for any opinion of this witness as a compariso::l of signature • nation.And furthermore,the inference was there. We will permit him to answer the question. Are you saying that this document he signed in 1939 is signed in >:(,I 2 2 \III 2 Cl-e:2 i:III~Q THE COURT:This is cross exam - ..=\) irI-UI o oJ A<t Q ~Q :I:~tot iiiII:IIIIi;AoL 11/~Q II::Joo AoJ<tU~Qo the same way·that he s igned the Will ? I don't say exactly. As a matter of fact,he was having a difficult time signing that d y, wasn't he? I can't recall that he did. But you think thCB e two signatures are similar,is that right? The same man wrote it. One of the things that AngelCB was complaining about was an incident where---this was in 1969,wasn't it,where he alleges the sister-in-law tried to run him down with a car and even ran up on the sidewalk to try to get him? A I heard of that incident. Q That's what he was complaining about,wasn't it? A Plus others. Q And wasn't he also complaining that his sister-in-law Catherine and Gus Pagonis allegedly stole $70,000 from him ? A I heard of that too.I've heard of stories of that nature.I didn':,. hear no price. Q DonIt you think that was unusual? 131 c 2c:= >:IfZ ZIi.lL ZaI-lJZ :E:IllI<~ ..,:uiii..III Qe,J '"Uii :::l., :z:..."C\I aill:IIIt-.ll:0..IIIll: l-ll: :::l0U ,J'"Uii:IL0 e A NO I I don't think.it's unusual. Q Doyou think Angelos Karavolas had $70,OOO? A I don't know. Q You don't know? A No. Q You've known him all those yearsl did you not? A Yes. Q And all he ever did in all those years was to sell sandwiches at t e Allenport Mill and to run a beer garden in Stockdale. A He had a profitable business . Q A nd he lived on Social Security from 1959 onl didn't he? A That was his earning power. Q And he filed a law suit about this $70,000,didn't he? A I don't know about"that. Q You got the equity papers,didn't you? A Only what's in the papers. Q Don't you remember seeing anything about it in it? A No. Q But you didn't think it unusual for this man to claim he had $70,CO Peter Scri 132 and to claim that his sister-in-law ran a car up on the sidewalk and tried to run him down? A The man said it himself. Q Yeah,he said it himself,didn't he? A Yes. A No. judicial notice? are my papers,Mr.Finder. take judicial notice of that proceeding,~ich is at Number 5793 I have to go downstairs,Mr.France?I want it on We would also ask that the Proponent's----those What was the final decree,as long as we're taking There has been a proceeding in the Court of Commo In Equity in the Court of Common Pleas of Washington County,P Pleas referred to throughout this proceeding.I ask that the Cour MR.FINDER: MR.FRANCE: MR.FINDER:' MR.FRANCE: Q That's all. Q You didn't think tha t was unusual?ce zce>..I>-UIZZIIIlL Z 0..CJz:i:en><t'~ ..=!:!a:ן-mCieoJ<t~ C:l., :r.....<II uiIE IIII-a:0Q,IIIa: I-a::l0U oJ<tUiLIr.0 the record.You have a copy of the pleadings which Mr.Scrip too MH.FRANCE:You don't know what it is,do you,Mr.Finder? You just picked it up off my couns el table. MR.FINDER:5793 In Equity,and you were reading from it when you read it.I want the record to show that I am not entitled to see it.Fine. 133 MiL FRANCE:I want the record to show this was a discourteous act by Mr."Finder. THE COURT:Gentlemen,the record won't show anything until you gentlemen,as I have referred to you,address your remarks to the Court.The Court has something to do with this proceeding .. MR.FRANCE:My apologies to the Court,Your Honor. <; z ~MR.FINDER:What I would like to do,since Mr.France has sole..i>-rr.z~possession of the copy of the document and I do notl I would like a. an opportunity to read the Complaint that he had that he was reading;so that since he has asked the Court to take judicial notic I I have absolutely no knowledge whether it's relevant to the pro- ceeding or not. for my outburst. ~U'~. I-UI Q .J<l:U Q MR.FRANCE~:>., :t0-r-N If the Court please,I would like to offer my apology The provocation for it was what I deem to be asked permission. lyBothofyoucouldcomportyourselvesmoregentlem Mr.Finder taking something from my counsel table without havin . in the presence of the Court and in a Court proceeding.Now let's uiII:IIIl-ll:oII.IIIlI: l-ll::>8 THE COURT: .J<l:U ii: 1.1.o ge t on with our business. MR.F R.ANCE:I also move the admission of Proponent's Exhibit "B ' into the evidence.I offer this into evidence,Your Honor. THE COURT:The Proponent's Exhibit "B"is received in evidence and made part of this record. MR.FRANCE:And the document that I had in my hand from which 13'4 I recited to the Court the equity number and the proceedings dis - . cussed between Angelos Karavolas and his brother Sam and his si'ste~- tin:daw is the Auditor's Report,and I openly and willingly give it to Mr.Finder.I just asked that when he wants something from my counsel table or from my file,he ask permission to take it. >=II:ZZ II. II. ZC..c:::z :J:u:.. ~ If Your Honor please,Dr.Benton is our next witness.He is here.It is 3:45.We had indicated he would be here and ready to testify at 4:00 o'clock.However.we had indicated that he would need an opportunity to review the records of Allegheny General Hospital.which he is now doing.I'd like to step in the hall and to immediate ly go on• talk to Dr.Benton and see if he feels he is prepared at this time ..,: !:! 1I:... !!!Q...<~g THE COURT:, :z::::M You may do so. ai1I:IIIl-ll:oa.....~DR.OWEN BENTON IS CALLED AND SWORN. 1I:::lI g DIRECT EXAMINATION BY MR.FRANCE:J,<t~l::Q Please stateyour name and occupation.o A ONen Benton.I'm a Psychiatrist. Q Areyou licensed to practice medicine in Pennsylvania? A Yes.since--- MR.FINDER:To save time,we will stipulate to Dr.Benton's qualifications as a psychiatrist.and physician. Dr.Benton Q Doctor,at my request did you review hos pital records from the ; Allegheny General Hospital of one,Angelos Karavolas? A Yes,just now. Q Did you observe anything in those records that would show signs of senility in that patient? 125 :0Cl-I.':0 .:I. iiI-!!c c ~ c A The only thing lobserved in the record that wou ld rais e the question of possibility of senility would be a note in the 1966 admission to the hospital when he was confused.This confusion apparently was due to his having been severely physically ill at the time,and cleared up.During the two hospital admissions in 1969 the only question that would come up regarding senility would be·;raised by his having signed out of the hospital twice against medical advice.However,the record shows that the reason he signed out was because he decided to not undergo the operative tJoCU,. CQr..~Q ~:J QII ~ ii Ai:L.CJ procedures and left for that reason. Did you refer to his record of admission or his eDmmination on admission of December,I believe it was December 6th? I reviewed the physician's records,the nurse's notes and the laboratory and X-Ray studies. Q What does the physician's note of the physical examination on December 6,1969 indicate,doctor? A The physician's note indicated that for (a~:rnan of 84,other than the chronic emphysema and trouble that the gentleman had with his tracheostomy,he was in very good physical and mental Dr.Benton health.The note is in the physical examination tlB t he was alert and oriented.In addition,the nurse's notes,the notes made by 133 c zc>~QILlZ ~ IIID.. Zo...."z i:II)~A ..=uii:I-!!! Q oJc( U Q::I., :I:~til aiII:IIIIi QoII.IIIll: l-ll:.::1o U A~u· ii:...o Q A the nurses who took care of him in the hospital do not suggest any- thing that would be a sign of senility such as the confusion and memory loss that elderly people very often have while in hospitals when they are sent out. Doctor,would difficulty to communicate by a man who had had hi larynx removed in any way whatsoever reflect senility or be a sign of senility? No.The record indicates that the man had difficulty speaking. He had an electric larynx.And a lot of people apparently did ha trouble understanding when he spoke unless he s poke slowly.The record indicates that he seemed to understand other people well enough. Would a man suffering from chronic bronchitis and emphysema have need or caus e to use a vaporizer at his home? Some people with chronic bronchitis and lung troubles benefit from using inhalers . Doctor,would behavi"Q~..il such as being found on the wrong floor in the hospital,le~ving the hospital without signing a release, shaky or illegible handwriting,be any signs toyou that would reflect senility? Well,shaky or illegible handwriting,certainly not.As far as in found on another floor of the hospital or sighing out agains 137 advice,it would depend on what the reasons were for these actio Being found on another floor of a hos pital could be a symptom of senility,if the patient got there simply through inability to find his way back to his room from the telephone or bathroom or such. Signing out against advice could be a sign of senility if it was the did.And as far as signing out of the hospital is concerned.the record that he was found on another floor of the hospital.this was in the first admission in 1969,because he was looking to leave th result of faulty judgment.However.my impressions from the He wanted out and he intended going home,which hehospital. <t Z<>..I>-(IIz~iII. Z() t-el'Zr1Il«~ ~uii:I-III Q oJ«o Q:J., % t::.III aiII:IIII-0:oII.III 0:Q Ii::JoU ~U~Ao record indicates that the reason for this was he decided he did no want to undergo the surgery with the resultant discomfort.We can argue about the wisdom of these choices.But nevertheless, making a faulty choice or an unwise choice does not necessarily indicate senility. Would it be an unusual act for a man 85 years old to not want to ynd.ergo surgery of the minorest degree? Not unusual at all.I find many old people who take the view.I've lived long enough.Why suffer anymore?The heck with it. Q Doctor,if you were to assume that Angelos Karavolas,.when he 1 the hos pital in December of 1969.called a taxi cab,took the taxi cab to the bus station in Pittsburgh,caught the bus from Pittsbur out to Stockdale,Pennsylvania,would that have any help to you i arriving at an opinion with regard to senility of that man? ]33 A Yes.It would certainly indicate that the man--- MR.FINDER:If the Court please, if the doctor is about to give an opinion,we are go ing to object.We are assuming that the doctor has never seen the patient.He's testifying solely from part of a nd therefore,he's not qualified yet to give a con- t he testimony in the record and not from all of it,.i~u:zZIIIlL Z CI-I!J Z XIIIce~ elusion. THE COURT: question,Mr.Finder. It's a hypothetical includes the relevant facts of that portion of the Act is qualified to answer that hypothetical question. hypothetical qu estion as propounded to the doctor that we are referring to now.And we believe that ht;"I He is only answeri We believe that the It must include all- MR.FINDER: MR.FINDER: THE COURT: basically on one little factor . .=~II:I-!!1c oJ0( U C:l., :z:l-I'-l\I uiII:~II:olLIIIII: l-ll: :loU ~Uii:...o THE COURT:That's all we are inquiring about now is that one factor. MR.FINDER:This is w hat we ar cbjecting to.We don't think it's a proper hypothetic - question. THE COURT:The obj ection is f r.Benton 139 overruled;exception noted.Read the question, Mrs.Hammond. (Stenographer reads back the last question). A Yes.My impression would be that a person who is capable of doing this probably does not suffer from a significant degree of senility. Q Doctor,based on your opportunity to review the hospital admission records of Angelos Karavolas to the Allegheny General Hospital . for two admissions in 1969 and one in 1966,on your opportunity to review medical testimony of Dr.Murphy,you did have an opportunity to review with me the·testimony of Dr.Murphy,did you not? A Just what you read to me when we conversed in the office. Q If it please the Court,the medical testimony of Dr.Murphy is only 20 pages.I would ask leave to allow Dr.Benton to read thro Igh this testimony at this time.I don't think it would take too long. L ...MR.FINDER:I have no objection, Your Honor.But a question based solely upon the reading of the doctor's testimony and a question bas solely on the reading of a hospital record,we don't think is a basis for a hypothetical question and answ to form the opinion necessary in this case,and wo not be a proper hypothetical question;becaus e it mu be phrased to assume all the facts that are in evide THE COURT:It depends upon the 140 hypothetical question that is asked. Q We were jus t getting started,Your Honor. (Dr.Benton reads Dr.MurphyIS tes timony). Q A ~Q z<:>~(/IIz Z"IIIlL. Z0I-"Z Xtilc( ~ ..=uiii:I-UI Q .Jc( 2a:J., :I:.......N iiiII:IIIl-II:0II.IIIII: l-II::J0U ~Uii:...0 Are you finished,Doctor? Yes. For the record,I will strike the.beginning of my last question and begin again.Doctor,in regard to Angelos Karavolas and base on your opportunity to review his medical records for two hos pita .afunIss:ions in 1969 and one in 1966 at the Allegheny General Hosp tal, and on your opportunity to review testimony of Dr.Arthur Murph and on the assumption that Ang elos Karavolas,to the date he die was able to dress neatly and keep himself clean and able to carry on conversations with friends and people in his community and was able to play card games such as euchre and 500 up until ve shortly before his death;that he knew and recognized people on the street in his community;and also assuming,Doctor,that occasionally he would burn food that he was cookling;also assumi g that he shopped for and bought his own food with the help of some .who would take him to the store;the fact that he admitted himself or made arrangements to admit himself to the hospital,by admit Doctor,I mean go to the doctor of his own free will and accord on two occasions .in 1969;and considering and assuming that he left the hospital in December of 1969 without signing;under the circumstances thatyou found in the record of that hospital,would Dr.Benton 1~1 you have an opinion based on all that,Doctor,with.regard to this. man and whether or not he was senile? MR.FINDER:We object to this, Your Honor,as not being a propet::ibasis for a hypothetical question.It does not assume all the evidence in the case. to execute a Will on October 6 of 1969? Yes.Providing that his condition did not happen to be more Based on the information that you present in the question,my presented in the hypothetical question,as well as the document The obj ection isTHECOURT: overruled;exception noted . you had an opportunity to read,would that person have been able You may answer,Doctor. impaired on that particular day.People in that age group will, mention is probably not senile. opinion is that a person capable of doing thes e things that you And would he,on October 6,1969,based on what you have been ): ClI2 2..III Z ~QISZ :J:~A ~ ~ii:t-UI Cl ..I<§g Q., :J:I::01 IiII:III~oa.IIIIl: t-Il:;) 8 A ..I<Uii:...o when their physical conditions are poor,'sometimes have brief periods of confusion,memory loss and faulty judgment,such as this man demonstrated during a previous admission to Allegheny General Hospital when he was severely physically ill.If his physical condition,on this particular day you mention,was pretty good,then the probability is that his mental state on that 142 day was about as good as it had been for the previous several months. Q Assume,Doetor,tha t he showed no signs of discomfort or expressec no signs of discomfort on the day,would you state your opinion of that assumption? decedent at the time that he executed his Will,eithe there is no such evidence in this'case,and this we that the question is proper.The objection is over- There is an absence of evidence of any discomfort on the day he There is no testim ~y Medical or lay are If the Court please,MR.FINDER: MR.FINDER: we talking about? THE COURT: in the record of any discomfort evinced by this ruled;exception noted.The witness may answer the object to. medieal or lay testimony.For that reason we believ signed the Will. c•c s: IJ 2 2..II 2C..Ql:Z iu::..~ ..=uit:...l/lIii...0( ~Q, :Jo..... r~ClI IJiII:'..t-Il:0-LIIIIl: t-Il::J0U ...rc( Uii:...0 question. A Barring any evidence that the man was sick on that day,the like- lihood is that he was competent at the time. Q Doctor,bas ed on what you ha ve been asked to assume and what you have actually,·.ne'ag of your own,will you give us your opinion whether or not Mr.Angelos Karavolas was senile? ------~If----------------- n ·1-s:3 MR.FINDER:If the Court please, we don't think this is proper.We object.We dontt think itt s a proper hypothetical question.Also,I think hets already been asked this and his answer was probably not,as I recall. entertain it. a different nature about the same material,we will the question,Mr.France.If you have a question of Doctor1 I am going to ask for a definition,if you will,wou ld you The witness has answeredTHECOURT:c ;;; c >II:a;;; IIII 2Cl-I! 2 i:Q3: ..=c.::it:~IIIa....A oCl:ii a ::J... :z::::(II Iia:I!!II:oLIIIII: ~II: ::JoU....<ij ~Q () please give us your definition of senility? Senility is essentially aging.And the manifestations of senility that concern us in psychiatry are the manifestations of the aging process on the brain,which produces a familiar type of mental disorder manifested by deficiencies of memory,sometimes con- fusion,sometimes impairment of orientation,sometimes faulty judgment.The most consistent sign is the memory loss . Can a person who is along in years exhibit at times each and eve one of those signs that you have named without being senile? A There are other conditions that will produce each of these named symptoms.As I mentioned before,when people become old,the brain,so to speak does not have very much,let's call it reserve power.So that while,in good physical health and not under stres , an old person can function adequately,sometimes under emotion l Dr.Benton stress or because of physical illness,the brain will,for a variable period of time,show signs of impaired functioning. This generally clears up when the emotional stress or the physical illness is tended to and is over.One of the things that we evaluat in old people is this degree of recover ability that they mayor m overruled. answered this,if the Court please. not have.Senility will generally refer to the condition that is It appears to me,based on the record of the hospital admissions, We will permit the I thought the doctorMR.FINDER: THE COURT: Karavolas was senile on October 6,1969? based on your opportunity to read records and depositions,and 0 witness to answer the question.The objection is Doctor,can you state with a reasonable degree of medical certai y, orientation,faulty judgment that continues to exist even whe n the factors I have asked you to assume,whether or not Angelos person is free from emotional stress or phys ical disease. not reversible.The memory impairment,the confusion,dis- c ;; c ~ ): II22IIII 2 C..ez J:III Q<:= ..:2-tr..III 0e...«ij Ci ;).., :I:"~ aiII:III..II:0LIIIII:..II::;) 0U...«ij ii:II.0 A that the gentleman had a borderline brain,that when,free from stress and physical disease,he was able to function adequately. That when under stress or when physically ill,he was capable of becoming confused.The hospital record indicates clear eviden e of confusion during the a?mission,I believe it was in 1966,when he was transferred from Charleroi-Monessen Hospital with g:..ii.. bleeding and severe d~hydration.The record shows evidence that he was confused at the time.This cleared when the dehydration 145 c 2c::: ): ff ZZILlL Z0I-llJZ i:lIlI<~ .,:u itI-!!.!0 ..I<20 :J... :z:~III ailI:IIIl-ll:0LIIIlI: l-ll::J 0U ..I<Uii:IL ...0 / e and his other physical disease was corrected.The record sugges s that for the most part his memory,his orientation was,for his agE, pretty good.How this condition may have been on this particular day in October,I,of course,have no way of knowing.I can only assume that if,on that particular day,he was not physically ill,and that he was not under great stress,that his functioning would probably have been as good as it would have been for the previous several months. Q That's all. CROSS EXAMINATION BY MR.FINDER: Q Doctor,I think,if I understand you correct,you are really ex- pressing your opinion based solely upon a glance at or looking at three hospital records and your reading of Dr.Murphy's depositUm. A That is correct. Q Now how long did you take to read the hos pital records? MR.FRANCE:That's obj ected to, Your Honor.It isnrt so much how long the doctor to)k to read the records.It's the quality of the person rE adir:g the records. Dr.Benton THE COURT: overruled;exception noted. The objection is ]46 Q How much time transpired out in the hallway.Doctor.that you were looking through these records? A c Q :;; c ~ >II2~AII 2C~QzXlD..3: ..=~A U)o ~Q<l2g A., :tt::N uiII:III~QoL... II:Al-II::lo U Q oJ<lUii:II.o Oh.I would guess probably about 15 minutes. Right.Now what is your impression as to why he left the hospital on July 4,1969? My impression was that he decided to not have the surgery done." Did you read why he refused to sign the release form that he had signed before? Yes. What was the reason he gave for refusing to sign the release? There's an indication in the record that he would not sign the release because he believed it was a hospital bill. Does that demonstrate confusion? Not necessarily. Doctor.the hospital release bears no resemblance to a bill.doe it? A Oh.let me----I can only say this:that I have been given all kind of reasons myself for people refusing to sign releases when they leave the hospital.And generally the main reason is because the are angry about something and they are being spiteful. Q Is it also unusual and a sign of confusion to walk out and leave all your personal belongings.your suitcase and $200.00 in cash? 147 A This would depend on the motivation. Q D::>es not the hospital record show that on July 4,1969 Angelos Karavolas left the hos pital and took none of his·personal belongings r A The record shows that,yes. Q And those personal belongings consisted of a suitcase,some clothing,transistor radio,and $175.00 in cash. ca Z~A I didn't read carefully what he left behind. >=0:~Q A nd the only record in the hos pital shows that he was missing ll.o Q. Zg from the hos pital,he just walked out.Is that correct? Clzi A That's correct.< == ... / ~Q ~Ul< Cl! oJcC~o:::l., :I:~AN rnlI:IIIl-ll:C>Q. III0: I-0::::loU ~ ij QiLl&.o Now will you show me where it shows on the July 4th admission and Elischa:r;ge on his own,that he didn't want to go through the surgical procedure then? One of the admissions,I don't recollect now which one.shows statements that he made in this regard.Here is the reference in the nurse's note,not in the July admission,in the December admission. Now in the July admission there is nos:atement at all,is there• other than the fact that he was found on another floor and that he suddenly left the hospital and when he left he left behind valuabl s. A Correct. Q That's a sign of confusion,is it not? A Not necessarily;it could be,but it's not necessarily. Q I believe you said on direct it could be but that was explained 148 away because he said he didn't want to go through the surgical procedure.There's no other explanation in the record for it,is there,Doctor? A Let's say there's no explanation in the record at all. Q Now isn't one of the--- A If you're talking about possible reasons for this type of behavior. I can give you several. Q But you're only guessing when YJ u give me possible reasons. You didn't know Mr.Karavolas. A That's right. Q Now another fault with the hospital record is that people who are making the entries,Doctor,showed an extreme difficulty in unde - standing this man,did they not? A There were references in the record to difficulties in communica on. Q As a matter of fact,there is one notation,is there not.where the nurse put down something where she says."I think he finally stated I have no known allergies.11 A Correct.I recollect that. Q Now this inability to communicate with this man will affect what you read in the hospital record.will it not? A Not necessarily.The things that we would look for in nurse's notes,for example,would be references to confusion.uncooper tive- ness,loss of temper,and entries such as this,which you find ver commonly in people who are senile. 1~9 Q What happened on 12-9-Ei9-~-areyou awarel by the way,Doctor, that he died a few hours after he left the h'ospital on this date? A I believe that Mr.France mentioned this to me. Q Now do you know what surgical procedure was going to be perforned on Mr.Karavolas on this December one? A!z0(>..>-UIZ~Qll..- Ze A.,.zi~Q~ Well,in the record it indicates that they were going to revise his tracheos tomy. You read Dr.Murphy's deposition? No.This is in the hospital record . You also read it this afternoon. said? Yes. That is my recollection. So it would not cause very much pain.Is that what Dr.Murphy Dr.Murphy did not say it was not going to Dr.Murphy said,did 'he not,that this was a rather simple proce ure That is not correct. c~use pain.He said it would not cause very much pain. which was not going to cause pain and which he had undergone bef re. ..=~All:I- UI ~Q<UQ :J., :I/:;..A viII:IIIl-ll:oD-III ll:Ql-ll::Jo U ~Uii:AI&.o Q Now in this record the only reason they have that they could get at all from Mr.Karavolas why he was leaving was he had some people he must see today.Isn't that what it says in there? A That is purportedly what he told some people at the hospital,yes Q That is rather unusual,isn't it? A In what respect? n Q Isn't it unusal for a man who has been put in the hospital,two day later to say,"I'm leaving,I'm not going to sign any discharge. I can't wait for somebody to get me.And the reason I want to get; out of here,there are some people I have to see." 150 ~A c Q 2«>A): 11'Z Z II.II. iaI-lJ Z i:lIlI Q<~ ..,:uiI-01'a ...I«Ua A:l., :z:I:; t't viIl:IIIl-ll:0II.IIIIl: l-ll::l0 Qu ...I«Uii:II.0 Is it unusal? For an 85 year old. No.It depends on the motivation.It wouldn't be at all unusal for a man to say this,if he wanted to get out of the hos pital in a qu ic hurry if he was frightened. .The record shows,does it not,that for the two days he was there he had been coughing up mucous and had been in some distress and would not take medicatim and would not use the vaporizer.? I don't recall any reference to his not taking medicine.There wa a reference to apparently his not staying in his mist tent as much as he should.But I saw no entries that suggested that he was generally uncooperative with the nurses. Well,at 10:15 on the night of the 7th,the nurse said,"Qllt in the h Elt few times coughing up small amounts of mucous;does not keep mist on;keeps taking it off.Slept at short intervals.Difficult to unders tand."Is that right? A Yes. Q He was admitted in respiratory distress,was he not? A The record shows that. Q ca n one of the signs of forgetfulness be to turn on the water and Dr.Benton 1 51 leave ,d.t::running for long periods of time until it overflows? A Yes. Q And would part of his trouble come in fancy,in thinking that peop~e had stolen great deals of money from him ? as well. Whos e trouble ? were trying to run him dow n with an automobile? tained.There was definite evidence,whether it be The Qbj ection is su - I object to the word'g THE COURT: MR.FRANCE: by an automobile. sign of senility if someone has been tried to be run )wr. in that question,Your Honor.It isn't necessarily a And could it also be a symptom of senility that he thought people I The belief that people are stealing money from us is sometimes ~2. symptom of senility,but could be a symptom of other disorders One of the signs of senility,would it not be fancying up things 1ike people have been stealing great deals of money from him? A c Q 2co::- >=U'ZZIi.AlL Z0I-lJZ:cUI, 0(~ ..=uit QI-!!!Q..<~Q :;)., :z:t::til uiIl:IIIl-ll:0LIIIIl: l-ll: :;) 0u... 0( Uii:II.0 credible or not. that he made the accusation,not that it occurred. MR.FINDER: THE COURT: There was evidenc There was evidenc that it occurred. MR.FINDER:I beg to differ with 152 the Court.There is no witness whoever testified that they saw it happen;only that he made that comp into THE COURT:Well,there is no eviden~e that it wasnrt actually so. MR.FINDER:There will be.We,~ (Continued examination by Mr.Finder): co Zco>;::u:z Z iiiIL ie.,. ziIII~ ..:uii:I-UI Q ..I A«§ Q :::l., X~N ailI:IIIl-ll:oLIIIlI: l-ll::::loU...«U~Qo unfortunately,have been delayed.There is no evidence that it was or was not so:Now would it be a sign of mental confusion or even senility if he had filed a law suit,for instance,contending that his brother h d been cheating him and there was a finding that he wa not being ch12ated? This would depend on the situation.It would depend on what the relationship was with the brother,why there was this hos tility. And the filing of law suits under certain conditions could be con- sidered reasonable behavior.And under other conditions perhaps not. Is etubbornness and refusal to understand or lis ten one of the symptoms that you look for? A Not particularly. Q Can it be one of them? A Stubbornness? Q Refusal to listen when you are wrong,for instance. A Well,in my experience this includes all ages,particularly the nton 153 young these days. Q Would it be easier}Doctor}for you to have formed any opinion to have known this man and treated him? A Would you please repeat the question? (Stenographer reads back the last questi,on). I certainly would}if I had seen this man in life.been able to ascertain far more than I can from a record. Would it have been helpful to you to have consulted with Dr.Murp y at all to see whether there were things that he did not put in the record? That would depend on whether Dr.Murphy put in the record all th pertinent data that he had,',' Did you ever try to ascertain that? Not at all. You did no investigation on your own in forming this opinion othe than the ten.fifteen minutes perusal of the has pital records.plus the ten or fifteen minutes reading of Dr.Murphy's deposition. Am I correct ? You are correct in assuming that my involvement in this case is to s imply review the has pital record and testimony or the deposit·on of Dr.Murphy and to express my opinion about thes e things. Q That's all}Doctor. on :..54 REDIRECT EXAMINATION BY MR.FRANCE: say Q Doctor,did you/yourself that you had enough time to review the hospital record? A Q ==~'t A 1.1;;: ;;: L'QCo' ct A•i II~Q Yes. Doctor,in giving your opinion,did you also take into account sorr.e of the things that I asked you to assume? In your hypothetical question before? Yes. Yes . That's all.Thank you,Doctor. (Witness excus ed)• ..~THE COURT:..rrC ...[ c:THE COURT: You are excused,Doctor.Thank you . Any other witnesses? Well,this could all depend,Your Honor.!tIS twent :I{;: ('0 MR.FRANCE: u:II:10;~to five.DOYou want to go on?c•...=THE COURT:Yes. II: stand . c c.;MR.SYMONS::;; l:iL...c Your Honor,I'd like to call Jack France to the witn ss JACK FR.ANCE.ESQ.IS CALLED AND SWORN. DIRECT EXAMINATION BY MR.$YMONS: Q Will you please state your name and occupation? A Jack H.France,Attorney-at-law. Q Mr.France,did you ever have an opportunity to know an Angelo Karavolas during his lifetime? A Yes,I did.In 1969 I met him at my office when he came to have a Will drafted for him.We met with him and discussed with him the terms of the Will.Mr.Pete Scrip was there at that time .and we had Mr.Scrip aid us to understand Mr.Karavolas because it 155 .. 2!..>>:u: 2! 2!ILa.. Z C..c: 2!XUJC~ ..=u II:I-UlI a...«5 01:;).... rI-,..... u) II:11IIl-ll: ()a..LIflr I-0::J 0 Qu ~0ii:AIL0 was difficult for me to understand him.And two particular points tha t we had to call on Mr.Scrip for was what particular church Mr.Karavolas was talking about as one of the legatees in the Wil . And also about a spelling of one of the legatees by the name of Koussonbus.And Mr.Karavolas was able to make it clear to m that he wanted a church to receive a benefit from his estatel and this Mrs.Koussonbus to receive a benefit from the estate. It was necessary for me to get some aid in finding out what particular church and who this Koussonbus was so that I could spell the name correctly.The balance of his estate he did express to go to Mr.Scrip. And you did draw up this Will? Yes I did.After Mr.Karavolas left,I dictated the Will and it was typed up for us and then we got in touch with Mr.Karavolas through Mr.Scrip,I believe,to arrange an appointment for Mr. Karavolas to come in to review the Will and to execute it.And in fact,on <?ctober 6th then he did keep an appointment with us and came in to sign the Will.Miss Dufalo was filling in a cou ple days in my offti.c~at that time.She was present when Mr.Karavo as executed the Will in my presence and her presence,the three of us there.Also,Mr.Scrip was there.And he expressed,in the presence of M~s:s:.Dufalo and myself and Mr.Scrip,that that was his Will.This had happened after I had an opportunity to read the Will to Mr.Karavolas before Miss Dufalo came in the office.I 156 ~ Zet>...>-UIZZ IIIII. Z();I- elZ iUIc( ~ read the Will to him to see if he understood it.He seemed to undfr- stand it.And I made particular effort to observe Mr.Karavolas on both visits because he1s an older man and because there is a possibility in drafting Wills for older people that they may not have testamentary capacity.On both visits of Mr.Karavolas to as not proper and not relevant and not material and another question that will immediately make it myd)£fice I was satisfied from observing him---..:~ 0::I-UI Q oJc( ~o::J.., xt:.... eliII:IIII-0::olLIIIII: I-0::::JoU ~U ii:...o MR.FINDER: non-res ponsive . THE COURT: responsive.So go ahead. MR.FINDER: to it. THE COURT: MR.FINDER: This is objected to. Well,we can have We are objecting Just a moment. We areobjecting, Your Honor,because Mr.France is about to rende a medical opinion. THE COURT:No,he is not.Wo l:i IE? you ask another question,sir? Q Mr.France.would you please describe your impressions of Mr. Karavolas dUrlng this time and during the two occasions of visiti g your office? THE COURT:And his mental capacit:. If the Court please,MR.FINDER: to execute the Will. 5:Q And his mental capacity. z <I:~A Yes.I made particular effort to obs erve this man and was satisfi d UlIzz~that his mental capacity was such that he had testamentary capaci y .z() 1-'C)z ien«~ that the Court must draw from adequate facts. we move to strike it.It really is drawing a conclus..=o itI-en Q oJ«Q Q:J., :tI::(II THE COURT: ruled;exception noted. The motion is over n criII:~Q_You may cross examine. oII.III0: I-0::JoU oJ«UiL1Lo CROSS EXAMINATION BY MR.FINDER: Q Mr.France,Mr.Karavolas was in your office on only two occasions,am I correct? A No. Q You said on the two occasions with res pect to the Will.Now what was the first date that he came to your office? A I don't know the exact date.It would have been a week or ten day before the date that he executed the WilL Q A nd on that occasion when you claim he was telling you what he wanted to do with his Will,the conversation was between he and Mr.Scrip.And it was Mr.Scrip asking Mr.Karavolas what he =.58 q: Z<C~A>-IIIZZ IIIII. iC>~.QzxUI0(~ .:~ ll:I-UI ii .I~~g A.., %~ 1\I Q uill:III~AoII.IIIll: l-ll::Joo ~uE Qo wanted to do in his Will,was it not? That's correct,to a certain extent.However,1 had also been inv lVEd in asking him wha t he wanted. You heard Mr.Sismondo testify this afternoon as your witness an he said he had a difficult time conversing and understanding Mr. Karavolas until after he had seen him a number of times.But you were able to do this almost immediately• 1st that a question,sir? Yes. If the question is,was I able to und e rstand very easily Mr.Kara ·)laE J the first time I met him,the answer to the question is no,sir. I had a difficult time understanding this man. As a matter of fact,what he was allegedly saying to you was bei e told to you by Mr.Scrip,was it not? A No,1 don It believe that is accurate. Q But then you are saying that on the first visit of this man to your office,unlike Mr.Sismondo,you were able to grasp what he was telling you in a complicated thing of drawing a Will.Is that corre :? A If that's all one question,1 will have to answer it---would you re d Jack France 159 the question back please?I'm not sure that I understand the ques iO:1. Q Well,let me make it simple for you.You heard Mr.Sismondo-- A Let me answer that question now. Q I'll withdraw it.I will ask it so that it's not so complicated.Are- you saying that in this first visit to you,you were able to communi.;;at-= ~z<>...>-IJloz- ~AII. Z~Qz iIIIc(~ ..,:~AlI:I- UI C ~U C ::l., J:..:;;Q 1IiII:I!!II:oII.IIIlI: l-ll:::loo ~UiL11.o with Mr.Karavolas freely enough so that you could understand what he wanted to do w.ith res pect to making his Will? Oh,yes. And that you could communicate all the necessary factors with hi without Mr.Scrip's help? JIve already said that I did have Mr.Scrip's help on two of the factors.Those factors being the particular precise church he wa ed to leave a legacy to,and also the spelling of this Mrs.Koussonb Fine.When I had you on deposition,Mr.France,I asked you t question,did I not?"Was there any conversation between he an Mr.Scrip while you were discussing the making of the Will?" Your answer was,"Yes."Question -"Can you tell us what that conversation was?"Your answer -"Generally,it was Mr.Scri asking Mr.Karavolas what he wanted to do in his Will.All the discussion concerned the making of his Will."You didn't restric it to two instances there,did you not? A Where,Mr.Finder? Q In your deposition taken on January 25 of this year at my office. Weren't those correct answers that you gave there? A Those were correct answers I gave there.Those are correct answers I gave here. Q Generally,Mr.Scrip was asking Mr.Karavolas what he wanted to do in his Will.Is that correct? A That is correct.And also,I had stated that I had also participate i 160 c 2c ~Q): II' 2ZI&.Q, z~(Jzi:lIJ~A tia:I- UIo .J<§g Q... :I:~C\I uiII:III~AoLIIIII: l-II::>ou .J<u~Qo A Q in asking him what he wanted to do. Now you also heard Dr.Murphy tes tify that he used to communic e with this patient of his for :ten years by the us e of sign language. Do you recall that? I recall Dr.Murphy---this is what I recall,Mr.Finder:I recall Dr.Murphy saying he had a difficult time communicating with Mr.Karavolas . Do you remember him saying that he could only communicate wit _ him on a low level and he had to use motions and sign language? I do not recall Dr.Murphy saying he could only communicate wit Mr.Karavolas by sign language.I do recall him saying he had a difficult time communicating with Mr.Karavolas. Do you remember him saying it was only a very low level? Yes,I do remember that. Do you remember him saying that even on occasion he had to rely on Mr.Karavolas's trying to write things out? A I can't say right now I do remember Dr.Murphy saying that. Q You didn't have to use sign language to talk to Mr.Karavolas? A No,I did not. Q All right.Mr.Karavolas spoke very broken English,did he not? A Yes. Q And the only way he could communicate was through an electric vibrator. un A c ;0c;:.):Q..22...II. ZcIi Az i:III<~ ~ it'I-III ~Qotu·g A "'l :z:I;: (Of Q iiiII:l1lil-II:oLIIIII: l-II:;:)oU ..JotUii:II.o A When he attempted oral com,munication with me it was only through a vibrator. And you have,as I understand it,no recollection of him mentioni g any nieces or nephews to you in discussing his Will? He did not make express mention of any nieces or nephews.Whe we inquired about any family,he said they were in Greece and he ' did not want them to have anything. Do you now remember that they were in Greece? Except for his brother,Sam. Did I not ask you,"Did you inquire of him whether he had any children or direct relatives?"And you answered,"Yes."And I said,"What was his response?"And you said,"It was rather v ue- type of response and I cannot recall what the response was,but i any event,he indicated that he did not desire that they be include in the Will."Doyou now recall'his response? May I see the page in the deposition referred to,Mr.Finder? Q On page 14. A If it's not convenient for you then I won't answer the question,M • Finder. Q If the Court please,I would ask the Court to tell the witness not 132 to argue with me.I am trying to comport ;myself in accordance w th the Court's ruling. A As I read the deposition,page 14,the question,I believe you refer to is,"Did he mention to you,in discussing his Will,whether he h3.d any children or direct relatives?"Answer -"No."Question- c :0. ); u:- :iiua :i!C..c:2 i11'.. 3: .,:~ II:...!!!a..<:§a Q::J.. :z:t:Atil aia:...Q...a:0L...a:A...a:::J 0 01...ce:ij ii:..., 0' Q A Q A "Did you inquire of him whether he did?"Answer -"Yes." Question -"What was his res ponse?"Then it goes on,my answer' was,''It was a rat her vague-type of response and I cannot recall what the response was,but in any event,he indicated he did not desire that they be included in the Will."They being the people he referred to as his relatives in Greece.But he did not want them included in the Will,Mr.Finder. You didn't mention that he said he had relatives in Greece,did y ? You didn't ask me,Mr.Finder. Oh,I see.It was a game? No,Mr.Finder.If that's a question,it was not a game.I did not intend to playa game with you.I intended to answer your questi.ons; to the bes t of my ability. You had to read the Will to Mr.Karavolas,did you not? Had to?No,I didn't have to.I did. Why was that? Becaus e that's the way I practice law.I make it a practice to be sure that the person has read the Will if they are able.If they are not,I read the Will to them. ack France Q Then you read it to him because he was not able to read it himsel . A I don't know whether he was able to read it himself entirely or no • I read it to him because I'felt that it was better for me to read it t 163 him.I do not profess to know whether or not he was able to read nd write enough to be able to have read the Will. c Q :iI•:- ): III 2~A~ :i ~IJZi:CIlI~Q ~uii:t-UI Q A.Jc( ij. ii:J., :I:t:OJ aiII: \!!QII:0LIIIII:At-Il::J0 Qu .Jc( Uii:AIL0 Did you also think it was proper to have the chief beneficiary in the room when you were discussing the Will with the testator? I did not regard it improper.If I regarded it impro per,I would h ve asked him to leave. He came back on another day to sign it then.It wasn't typed up that day. No.I could answer the question either yes or no.He came back t sign it on another day,yes.It was not typed on that day,to that part of the qu estion. You spent an hour with him on the day he came to sign it? No,I didn't say that. Well,I think your secretary did.Was she mistaken? She said it could have been more than an hour.I did not spend an hour with him that day. Q Now you did have difficulty on the two occasions he was there understanding Mr.Karavolas? A Yes. Q And Mr.Scrip,I asked:you this question---Pm reading from pag 17 of the deposition -"Was Mr.Scrip in any way interpreting what he was saying to you?"And your answer,Mr.France,was, "In general,the conversation would go---Mr.Karavolas would tell me what he wanted and I would think that I would understand and I would repeat what I understood and then Mr.Karavolas wo u:d 164 c Z..>):A II:Z Z~Q zoI-~'Zr~A~ .,:~Q~!!!Q ..I<§ g A., :t~N Ii II:~~QoLIIIII: ~II::)oU ..I<Uii:...o indicate whether that was so or not.On some of the occasions,I did have the assistance of Mr.Scrip."Is that correct? Yes. So that Mr.Scrip was helping you in deciphering what Mr.Karav laE was telling you. Yes,to the limited extent that I have explained to the Court. Now I want to know specifically whether he mentioned to you at t t time that he had relatives in Greece when referring to the Will. The recollection I have is that he mentioned he had family in Gre but he didn't want them to have anything. I asked you this question on Page 18 -"Did he mention to you,M' Karavolas,that he had children in Greece?"Answer -"No."As I said,his response about the inquiry about relatives was vague.I Now did that question not call for at least the answer that he had mentioned that he had family in Greece? A To me,sir,it did not. Q To you it did not.Mr.France,have you read the haspital recor that you subpoenaed? A No. Q Are you aware that the nurses and physicians in that record who were transcribing have repeatedcnotations in it that this man was 165 :!:z«>..>-UlIZ Z III'11., Z 0l-elZ XUI<t~ .,: !:!0:I-UI Qe..I~U Q:J., xt:N viII:IIII-0:0II.III0: I-0::J0U ..I<t0ii:...0 difficult to understand and they had difficulty communicating with im? A I have testified I have not read the hospital record,Mr.Finder. I think your question now is answered by that answe r.I have not read the record.How could I be aware---I am not aware,therefo!'e, what it says in the record. Q But you were able to communicate with this elderly gentleman without any difficulty,is that correct? A No,sir.That is not correct. Q But you were able to communicate with him on the important matter of making a Will and you were able,with this man who s ::>ke broken English,to determine his physical and mental capability to make a Will and admit on occasion you acquired the help of an interpreter. A Do I admit that I was able to understand and communicate with difficulty with Mr.Karavolas?Is that your question? Q Let me try it this way:this man was hard to communicate with? A Yes • Q Based on this hard communication,it was based on the fact that he spoke broken English and had to use this vibrator.Is that cor €ct ': A On both. Q And the sound that came out of the vibrator was often garbled and difficult to understand. A Oh es. Q But based upon this,you were able to form an opinion as to his testamentary capacity? A Oh,no,not based on the fact that the sound that came from the vibrator was garbled. Hip Q « z 01:~A>-til ZZIIIll.r ()o I-el'ZiIII«~ ~ii:I-III Q .J«Ua::l., :r~N iiiII:E QoDoIIIII: I-a:::l8 A .J«U ii:Q...o On what did you base his ability to have testamentary capacity if it was not on your communication with him? My opportunity to observe him,to see that he did not seem to be in any distress;the fact that he did know,he had family in Greec that he didn't want to have any part of his estate.The fact that he I was aware he had a brother in Stockdale.That he seemed to be physically sound except for his impairment of the larynx.The fac that he seemed to be able to understand what he was doing.The fact that he seemed to know what he was doing and intended to do exactly what he instructed me while he was at my office. In order t~be able to understand what he was doing,you had to be able to communicate with him,did you not? Oh,yes . And your estimate that he was physically sound was based upon hi_ walking in and out of the office? A And observing him while he was in the office. Q He did have difficulty signing the Will,did he not? A He was slow in signing the Will.I won't say he particularly had difficulty. I believe you expressed it in your deposition.You did say,I'm ranee d67 reading from page 16 -"It did appear difficult for him to sign his I name."Do you remember that now?I A No,I don't particularly remember that. Q Well then,was your answer that you gave me;'at the deposition correct? A Yes."z..~Q Was Mr.Scrip present on both occasions that the Will was discussed UI2~when it was discussed and then signed? :2c~A On both 0 ccasions ~yes. 2 J:~Q Arid I haw:.no further questions. 3i: hospital record is being introduced. THE COURT: MR.FINDER: .,:: !:: ItI-!!!~MR.FRANCE: <i; a:J... 1:I:til Is there any further testimony? That's all for the Proponents~Your Honor. I want to know now for the record whether or not th witness.I move to make the witness my witness and I offer the record left here.Your Honor. MR.FINDER:Well,if the Court please,it was proffered by the I cannot have thisNo,I cannot introduce this. uiItIIIIt MR.FRANCE: c0.IIIIt l-It::::ou ::i!u I&.I&.() record into evidence. MR.FRANCE:Your Honor knows the problem of having medical records left in the custody of the Court.And I would ask Your Ho or to res pect the wishes and desires of the hospital that the original oOf thes e medical records be not left here.They are not in eviden e in the Proponent's case.They were only used,only brought in here 168.'..~t.':,•-----------------ll~::..:;...- so that Dr.Benton could review them.I would find myself extre ely 'embarrassed if these must -remain with the Court. MR.FINDER:Be that as it may,if Your Honor please,whether or' not he is embarrassed,the record speaks for itself on many im- portant aspects on the issue of credibility and the issues.this Cou::--t et Zet>..>-lllI Zz:bIII. Z" C>l-ez :z:VI<I:~ must decide in this matter.And in my short ability to peruse the record,I would state that I want it in because it goes on the credi bility of Dr.Benton's testimony,based upon what the record sho s itself.And two,it goes upon the issue of the ability to communic te this man had and the credibility of all the witnesses called by the Proponent on that very important issue. in evidence for the sole reason that we have given our word that No other reason.And we have not offered that they be introduced ..=o iiiI-UI ~.MR.FRANCE: <I:~ClJ... :J:.."C\I These records are here under my subpoena,Your no::--. these records will be not left with the Court and will be returned with the member of the hospital staff that brought them here. records should remain.If it be necessary for the Court to inspec Iia:: IIIl-ll:oII.bIIl: l-ll:J 8 THE COURT: ~uii:...o We can see no reason at this time why the hospital the records at a future time,we can make arrangements with the hos pital to have the Court ins pect the re cords. MH.FRANCE:Thank you,Your Honor. MR.FINDER:I don't mind the Court doing what they are doing,bu I want to say this to Your Honor:I only had an opportunity qUiCK to look through parts of two.I want to state for the record that 169 replete in this hospital record are statements by doctors and nurses about the inability to communicate with this man during periods both before and after the making of this Will.We think that becomes rather-vital on the issue of credibility,together with the testimony of Dr.Murphy on this score. THE COURT:The Court understands that the entries made in the hos pital records are to the effect that counse1 has pointed out. if it feels that it is pertinent to do so and would aid the Court in its determination of the matter.But we see no reason why the But we feel that the Court may inspect the records at its leisure ot Z ot>.I>-UJZ Z...D.. i()I-~- Z. r (IIC(~ t records have to be left here in order to do that.The Court is ~I-UIo willing to make arrangements with the hospital to have access oJC(§ c to these records when we are in a position to need the access. ::l., :r5 MR.FINDER:All I'm trying to do,Your Honor,is protect my record.That IS all 11m saying. record because I wanted at some point for this to be part of the have be-en subpoenaed by Attorney France from the hospital and where he made certain statements to the hospital with respect to At this time we are going to permit the records whi h ~ Uii: lLo iii II:IIIl-IIoCI.III0: I-0:::lo THE COURT:u their return,we think th8;t that should be complied with. MR.FRANCE:Thank you. THE COURT:Is there any other testimony for the Court? MR.FINDER:I have one short witness to clear up one thing on the record,Your Honor. THE COURT: Catherine Karavolas You may call your witness. L70 CATHERINE KARAVOLAS IS RECALLED. DIRECT EXAMINA TION BY MR.FINDER: Q Mrs.Karavolas,there has been some testimony that Angelos complained that you attempted to run him down with an automobi and even drove it up on the sidewalk.Is that true? A No.sir. Q Did you,on any occasion.have any incident where you drove the car after Mr.Karavolas or almost hit him with an automobile or had anydispute with him at all? A No.sir.I don't know nothing about it.I wouldn't do such a thing I didn't even think about it. Q That's all.You may examine.Doyou have any questions? MR.FRANCE: THE COURT: That's all. You are excus ed,Mrs.Karavolas. (Witness excused). THE COURT:The testimony is closed. (Proceedings Closed). Certificate of Hearing Judge The foregoing record of the proceedings upon the hearing of the Stenographer's Certificate ::;~I hereby certify that the proceedings and evidence are contained JI:-•fully and accurately in the notes taken by me on the hearing of the above iiL _cause,and that this copy is a correct transcript of the same.•..• .=l.'al-v Q ~Transcript completed -12-30-71 ii Q :J... f• IiI:•..I:•L•I:..I::Ioo..-:iii:Lo above cause is hereby approved and directed to be filed. 171 1 IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY.,PENNSYLVAN:A ORPHANS'COURT DIVISION NO.36 -69 1387 '.I " ESTATE OF ANGELOS KARAVOLAS, Deceased. DEPOSITIONS OF PETER SCRIP and JACK H.FRANCE.,ESQUIR3 f.....: t .t .."__~i.-J t--_.- r-- " \: 'I Taken at 729 Washihgton Trust Building.,Washington., • •••••i Pennsylvania.,on Monday.,Janua::y.~5,.~9Yl at 3 :30 0'clock P.M•.,Eastern Standard Time,upon notice of Sanford S. Finder.,Esq.,counsel for the Esta~~...?~Angelos Karavo:.as, Deceased.,before Florence Dasta.,Notary Public,pursuant to Pa.R.C.P.No.4007 (c). ,/1 And nm~.,January ~.,1971,I hereby acknowledge to have -received my f'ee i'h the SUlI.of $~7·~from SANFORD S.FINDER,ESQ •.,counsel 'for the Estate qf An~loE K,~ravolas,deceased,for my stenographic and notarial services rende~ed in tfi .~~6ve-captioned matter.'i "t1~:-:'-;,=, /'I)!it I \g ~!--.\ '\~I IN THE CnURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: ••Estate of ANGELOS KARAVOLAS, Deceased. NO.36-69-1387 D E P 0 SIT ION S -of - • PETER SCRIP and JACK H.FRANCE~ESQUIRE Taken at 729 Washington Tr~st BUilding, Washington,Pennsylvania,on Monday,January 25, 1971 at 3:30 o'clock P.M.,Eastern Standard Time,upon notice of Sanford S·..Finder,Esquire, counsel for the Estate of Angelos Karavolas, Deceased,before Florence Dasta,Notary PubliC, pursuant to Pa.R.C.P.No.4007 (c). •A P PEA RAN C E S:SANFORD S.FINDER,ESQUIRE, representing the Estate of Angelos Karavolas,Deceased. JACK H.FRANCE J ESQUIRE,of the firm of Murphy &France, Esquires,representing Peter Scrip. • • • INDEX TO THE WITHIN DEPOSITIONS Examination by Mr.Finder PETER SCRIP 3 JACK H.FRANCE,ESQUIRE 12 PETER SCRIP,having been duly sworn,testifies as follows: EXAMINATION BY MR.FINDER: Q Will you tell us your name? • • A Q A Q A Q A Q A Q A Peter Scrip. Where do you live,Mr.Skrip? Stockdale. How old are you? Forty-six. Where do you live---in Stockdale? Yes. Did you know Angelos Karavolas in his lifetime? All my life. And did you know him before October 6,1969? Yes. Q Now,was Mr.Karavolas ill or in the hospital prior to October 6,1969? • A Q A Q A Q A Q A Yes. What hospital was he in? He was in two different hospitals.He was in Charleroi- Monessen and in Allegheny General in Pittsburgh. And do you know when it was that he went to Charleroi- Monessen Hospital? Well,no,exactly I don't know. When was he in Allegheny General? Well,before that;before. Were these in the year 1969? I took him down twice to the General. • • • Q A Q A Q A Q A Q A Q A Q A Q A Q A Q Was he being treated for a.mental condition? No,he wasn't. Did you visit him at either hospital? The one time he was there for one week,I took him down and brought him back.I didn't visit him.Oh,yes,I did;one time. Did you see him after he got out of the hospital? Yes,I did. Where did you see him? Well,like I said;I went after him. After he was returned to his home at Stockdale,from the hospital,did you go down to his house to see him? The only time I was in his house was when he asked me. He asked me once or twice to come up to his apartment. Did you go with him on the occasion that he had his Will drawn? No. Did he ever discuss making his Will with you? Yes,he did. How long before October 6,1969,did he discuss having this vIill made? Possibly a year or two. What did he tell you about it on that occasion? He just told me that he wanted to go and have his Will made,changed,or made. Did he tell you what he was going to do about it? 4 A No,he didn't. Q Do you know.during this time after he got out of the • • • A Q A Q A Q A Q A Q A Q A Q A hospital,did he have any dispute with a Gus Pagonis and a Katherine Karavolas? That was back years ago,I guess they had disputes. Did you notice any change in him after he got out of the hospital? No,I didn't. Did you ever hear him complain that he was put in the hospital so that Mr.Pagonis and Mrs.Karavolas could steal $70,000.00 from him? Did I ever hear that? Yes. No. Who was he living with up to the time he died? He lived by himself up in the apartment. Did you ever go and discuss an incident 'about the car running the curb and the $70,000.00 with Mr.Karavolas before he made the Will? I knew nothing about $70,000.00. All right;did---? I discussed the incident but it had nothing to do with $70,000.00. What was the incident you discussed? He claimed that she tried to run him over with a car. 5 Q Who is Il shell ? A Mrs.Karavolas. Q What sort of things had you done for Mr.Karavolas in his lifetime? A Oh,as far as being a friend,I guess,and any time he wa~ted to go anywhere or anything,I would take him;and,well, he was just a friend of our family,always. You didn't notice him getting senile after he got out of the hospital in July of 1969? I couldn't.say that I did. You noticed no change in him? No,I didn't. Do you know whether he had any children anywhere? No,I don't. Do you know whether he had any family in Greece? I guess he did have some over there;I don't know. Hadn't he made'a trip to Greece once to see them? Not that I know of. When was the first time that you knew you were made the beneficiary of his Will? When he made the Will out '. Did he come back and tell you? How do you mean "did he come back and tell me"? I asked you earlier whether you went with him on the occasion that the Will was made and you said "No". Oh!Did I say "No",Jack?(Addressing Mr.France) • • • Q A Q A Q A Q A Q A Q A Q A Q A MR.FRANCE:I believe you did. 6 A Oh!I'm sorry;I meant to say yes., Q Then,you took him on the day when the Will was made? A I took him everytime that he 'ever went anywhere. Q And did he call you? A Yes. • • • Q A Q A Q A Q A Q A Q A Q A Q A What happened? Well,you mean on the day he went down for the---? Yes? Well,Angelo was a man who always walked around the town you know;he always took a walk and he passed my place every day of the week,countless number of times;two, three,five,ten times.He was a great walker,and ever~ time he came down and I would be working in the garage or someplace,he would stop and chat with me,and I woulc generally work out in my garage,or,he would stop down at my house and discuss things with me,and that is how it came about. Well,particularly on October 6th,what happened that you happened to go with him? Well,he come after me to bring him down. And what did he tell you? That he wanted to go see Mr.France or Mr.Murphy. All right;and did he tell you what purpose he wanted to go and see them for? Yes,he did.He said he wanted to make his Will. Did he tell you anything about what he was going to do ir. his Will? Not at the time. Did .you drive him to Mr.France's office? Yes,I did. What happened when you got to Mr.France's office. Well,we went in the office and he discussed it there what he wanted to do. Q And you were present when he discussed it? A Yes,I was. 8 Q What did he say he wanted to do? A Just as the Will states there;that is exactly what he stated.•Q Could Mr.Karavolas read English? A I don't say he was a fluent reader. Q Did he speak English well? A I would say he spoke it well enough to get along. Q Was your aid required in any way to convey to Mr.France what he wanted? A No. Q You just sat there next to him in Mr.France's office? •A I sat there in the office;right. Q Now,after the Will was typed up,did anybody read it to h ·.?l.m. • A Q A Q A Q A Q A Q I believe Jack read the Will. Were you there when it was signed? Yes. Who is James Dolan? James Dolan is a very,very close friend of Angelo's who lives right across the street from me. Did you know a Thomas Lundy? Yes,I do. Was he a close friend of Angelo's? Yes,he was. Did Angelo say ~nything about a former Will that he had made while he was drawing this Will? • • • A Q A Q A Q A Q A Q A Q A Q A Q A Q Q 10 A Q A A Q Q A Q Q A Q A Q Q Is Mr.Dolan your friend as well? A I would say that he is. Q Do you know anything about Mr.Karavolas'personal pabits where he was living? A You mean about---? Things he would do? No.I know of his condition that he had to use the I forget what you call it now;for his breathing. Now,he also had his larynx removed;did he not? Yes,he did" Did he have anything in his throat to help him talk? He used a neck vibrator,or whatever they call it. He used a vibrator,didn't he? Yes. And that made his speech ga~bled,didn't it? Well,I would say it wasn't as clear as mine or yours. Did you ever know Mr.Karavolas,for instance,to put things on the stove to cook and leave the apartment and let everything burn up? No,I didn't. Did you ever know him to leave the water running in his apartment so that it overflowed and ran down into the storeroom below? A Well,I have heard of it;yes.'Complaints were made but I never did see the water running down in the apartment below though. Q Were you aware of the fact that Mr.Karavolas had used August Sismondo as his attorney regularly? • • • 11 A Yes,between him and his brother suing one another all the time.I have all those papers. Q And did Mr.Sismondo represent Mr.Angelo Karavolas? A I don't remember whether it was Howard Carson or Mr.Sismondo.I know that one had one lawyer and one had heavy suit-case and take a bus from Charleroi to Stockdal~, didn't he? A He left the hospital.When they called me at 7:30 in the morning to come after him,I told the nurse who called, I said,"I'll be there as quick as I can;keep him there", and he went out and called a taxi and the taxi took him to the bus station and he caught a bus. Q But,you never thought there was anything unusual about the way he was acting,say,between July and December? A No,I didn't.I knew him all my life and I mean,natural~y~ he was getting older and that;we all knew that;it was plain to see. • • • Q A Q Q the other. Had you ever heard Angelo say anything about Mr.Sismondo? No,I can't say that I did. As a matter of fact,on the day that Angelo died,hadn't he left the hospital on his own that day,carrying a How old was he when he died? A I guess he was in his eighties. MR.FINDER: Mr.Scrip. That is all the questions I have, Jack H.France JACK H.FRANCE,having been duly sworn,testifies as follows: EXAMINMrION BY MR.FINDER: 12 Q Your name is J~ck H•.France? A That is correct.•Q And you're a member of the Bar of the Supreme Court of Pennsylvania and of Washington County? A That is correct. Q On October 6,1969,did an AngelosKaravolas appear at your office? A Yes. Q Had he any prior appointment with you;can you tell us? A Yes,he did.•Q And who had made this appointment? A I don't know. Q It is possible then that Mr.Scrip had made the appoint- ment for him? A Yes. Q Prior to this,occasion,had you ever done any legal work for Mr.Karavolas? A Yes. •Q What legal work had you done for him? (At this point Mr.France makes an examinationofhisfile) A Mr.Karavolas had been involved in an action in equity at No.5793,Washington County Court of Common Pleas, against Sotirios Karav..las and Katherine Karavolas,wher in Mr.Sismondo represented the plaintiff and Mr.Carson • • • Q A Q A Q A Q A Q A Q A Q A Q A Q A 13 14 A A A A A Q Q Q A Q Q Q A Q A When he came to see you about the Will,did he mention to you that he had a prior Will? Let me refer to notes that I have.It is not in my recollection whether he did or did not;I do not recall. (At this point,Mr.France examines his file) I do not recall. Were you aware of where Angelo Karavolas was living at the time that he drew this Will and even at the time he discussed this equity proceeding with you? Generally aware. Were you aware that he was living with the people whom he was having you write letters to? I did not understand him to be living with them. Did you later find out that he was? No. Did he mention to you,in discussing his Will,whether he had any children or direct relatives? No. Did you inquire of him whether he did? Yes. And what was his response? It was a rather vague-type of response and I cannot recall what the response was,but in any event he indi- cated that he did not desire that they be included in the Will. Q Did he give you any -reason why he did not want to include • • • any of his relatives? A No. March 4,1971 Jack H.France Attorney at Law 308 Fallowfield Charleroi,Pennsylvania RE:Estate of Angelos Karavolas,Deceased No.36-69-1387 Dear Mr.France: Please accept service on the enclosed Notice of Taking Oral Deposition of Dr.Murphy on Wednesday,March 10,1971 at 2:30 o'clock P.M.A copy is included for your file. Yours very truly, •Sanford S.Finder SSF:he Encl:2 • • • Q A Q A Q A Q A Q A Q A Q A Q A Q 15 Who is Georgia Dukala? She was the secretary in my office at the time that Mr.Karavolas came 'in to execute his Will. At the time he was telling you what he wanted to do with his W~ll,who was present in your office besides he and you? Mr.Scrip. Was there any conversation between he and Mr.Scrip while you were discussing the making of the Will? Yes. Can you tell us what that conversation was? Generally it was Mr.Scrip asking Mr.Karavolas what he wanted to do in his Will.All the discussion concerned the making of the Will. When you realized that he intended to make Peter Scrip the beneficiary of his estate,did you suggest that Mr.Scrip leave the room or discuss the matter with Mr. Karavolas privately? No. Now,after the Will was typed up,was it read to Mr.Karavolas or did he read it himself? It was read to him. Who read it to him? I did. Did he make any comment while you were reading it? No. I'm looking at a copy of the Will.His signature isn't very clear.Was he having difficulty with shaking or an~- • • •• A Q A Q A Q A Q A Q A Q A thing like that? No,just---well,it did appear difficult for him to sign his name. Were you aware of the fact that he had recently been out of the hospital? I don't think so.I don't attach any memory to such an awareness. Other than discussing the Will with him,did you discuss any other things with him on that occasion? On the occasion that he came to sign the Will? I assumed that it was signed the same day that he came to talk to you about it? No. On the day that he came to talk to you about it,did you have any discussion with him? Other than that Will? Yes. I don't recall the Will discussions being tied in at the same time as the equity discussions.It seemed to me we had our equity suit discussions and the Will discussions at different times.To the best of my recollection,the Will was discussed with him on two different occasions, separate and apart from the discussions on the equity matter. Was Mr.Scrip present on both occasions? Yes. 16 Q How did he happen to choose his executors;do you know? A To the best of my understanding,they were both friends. 17 A A A Q Q A Q Q And who had given you this understanding? A Both Mr.Karavolas and Mr.Scrip but the primary under- standing did come from Mr.Karavolas. Q You had no difficulty at all in understanding him on either of these two occasions? No,I said I did have difficulty. Was Mr.Scrip in any way interpreting what he was saying to you? In general,the conversation would go---Mr.Karavolas would tell me what he wanted and I would think that I would understand and I would repeat what I understood and then Mr.Karavolas would indicate whether that was so or not.On some of the occasions,I did have the assistance of Mr.Scrip. Now,this was a very elderly gentleman,wasn't it? Oh,yes. What,if anything,did you do to make sure in your own mind that he understood what he was doing and that he waf completely capable ? I did make an effort to observe if,in my opinion,what he was doing seemed to be knowing,and I was satisfied that he was physically firm and mentally firm and I did "discuss this with him on the two occasions and was satis- fied of myself that he knew what he was doing;that he wasn't doing out of any force or duress and that the terns of the Will were those of his own free will and accord. Q Now,in connection with the equity action,what was it that he wanted you to do? • • • • • • A Q A Q A Q A Q A Q A Q Well,he came into me because,he understood the terms of the equity action .were being violated.~examin~d it and just speaking in general agreed with him and we determined the course of action for him to take in pro- tecting his rights under the stipulation in the equity action. What had to be done in the equity action? We notified the people of the stipulation and advised them that we were going to defend Mr.Karavolas'rights under it,and we entered of record a copy of the stipu- lation in the Recorder's Office which is of record jn Deed Book Volume 1309,page 1011;the copy of the stipulation. What was the date that was filed? December 3,1969. Do you know where Mr.Karavolas was on that occasion? No. As far as doing anything for him was all you had to 10 was to enter the stipulation in the Recorder's Office? We notified the people that we were the attorneys for Mr.Karavolas and were protecting his interests in that. That seemed to abate the problem. Well,he died within six days of the date of that filing, did he not;or maybe even less than that?Didn't he die on December 9,1969? That appears to be six days,Mr.Finder. Right.Did he mention to you,Mr.Karavolas,that he haj children in Greece? 18 A No.As I said,his response about the inquiry about relatives was vague. 19 • MR.FINDER: I have. I think that is all the questions • • '1,. (DEPOSITIONS CLOSED ) COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON 1 SS: 2J • • • I,Florence Dasta,a Notary Public in and for the Commonwealth of Pennsylvania;do hereby certify that the witnesses,PETER SCRIP and JACK H.FRANCE,ESQUIRE,were by me first dUly sworn,according to law,to testify to the truth,the whole truth,and nothing but the truth;that the foregoing depositions were taken at the time and place stated herein;and that the said depositions were reported stenographically by me and sUbsequently reduced to typewriting by me and constitutes a true and correct record of the said dep9sitions given by the above-named witnesses. I further certify that I am not a relative,employee or attorney of any of the parties,or a relative or employee of either counsel,and that I am in no way interested directly or indirectly in this action. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal this 29th day of January,1971. My Commission Expires:March 9th,1973. 1 .J\..r IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN HE: ESTATE OF ANGELOS KARAVOLAS,Deceased. ) ) ) ) ) NO.36-69-1387 NOTICE OF TAKING DEPOSITION ON ORAL EXAMINATION UNDER PA.R.C.P.No.4007 (c) Notice is given herewith that pursuant to Pa.R.C.P.No.4007, thE depositions of JACK FRANCE,ESQUIRE,and PETER SCRIP,will be taken on orel examination at 729 Washtngton Trust Building,Washington,Pennsylvania, fOI the purpose of discovery on MONDAY,JANUARY 25,1971 at 3:30 o'clock P.M. anc at any and all aojournments thereof.The depositions will be reported by Flcrence Dasta,385 Terrace Avenue,Washiqgton,Pennsylvania. Estate he~eby accept service of the within Notice of Ta bated:January 12,1971 AND NOW,to wi t , ~~ this 2-")day of ~~~~,1971,I Deposition and ac~nowledge receipt of a copy thereof. "-...... ~ ...... i j. \}' \~\.... {, / IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION NO.36-69-1387.' ., • IN RE: .! ESTATE OF ANGELOS KARAVOLAS, Deceased. DEPOSITION of DR.ARTHUR I.MURPHY,M.D. Taken at the office of Dr.Arthur I.Murphy,M.D.,at Magee-Womens Hospital,Forbes and Halket Streets,Pittsburgh, Pennsylvania,on March 10,1971 at 2:30 o'clock P.M., Eastern Standard Time,upon not.ice of the Claimant herein, before FLORENCE'DASTA,Stenographer-Notary Public,pursuant to Pa.R.C.B.No.4003. Apt-.-I . And now,Ma¥eh I,1971,I hereby acknowledge to have'received my :'ee in the sum on-S-p.rS-from Ezerski &Shire,Esqs.,counsel for the Claimant herein,for my stenographic and notarial services rendered in the above-captioned matter. " ~ I ........t .. ~ IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLiTANIA ORPHANS'COURT DIVISION IN RE: •Estate of ANGELOS KAHAVOLAS, Deceased. NO.36-69-1387 - DEPOSITION of DR.ARTHUR I.MURPHY M.D. Taken at the office of Dr.Arthur I.Murphy,M.D., at Magee-Womens Hospital,Forbes and Halket Streets~ Pittsburgh,Pennsylvania,on Wednesday,March lCth, 1971 at 2:30 o'clock P.M.,Eastern Standard Time,upon notice of the Claimant here,before Florence Dasta,Stenographer-Notary Public,pur- suant to Pa.R.C.P.No.4003. \I \..~ • A P PEA RAN C E S: ,I. :>' I. ....~.., SANFORD S.FINDER:ESQUIRE, ..'~.representing the Claimant :i1ereiL"• t ,. 'JACK H.FRANCE:ESQUIRE,0=the firm of Murphy and France,ESqS.r representing the Estate of Angelos Karavolas,deceased. - -- ---- - -- " .f> • " ..... ..,I j \-t - • ,'~.....,... INDEX TO THE WITHIN DEPOSITION Direct-examination by Mr.Finder Cross-examination by Mr.France • • DR.ARTHUR I.MURPHY, M.D.,3 11 MR.FRANCE:In regard to this deposition,when I 3 • talked to'Mr.Shire,we never discussed the dep'osition pursuant to Rule No.4003.There was a request that we take Dr.Murphy's deposition,and Mr.Shire didn't discuss with me that it would be for USe at trial,and we're not.stipUlating that this is a deposition for use at trial• . MR.FINDER:That's fine with/me. .,.,. .',,And,if we had known it was for use at trial,we would have made different preparations than we have.,...'J ..'L ~,.. for today's pro·ceedir;gs.•'.\'fe #also~,~re not waiving any rights of this physician to testify,under the Act of June 7,1907, •'>,,' • P.L.462,Section l~ MR.FINDER: ....' The arrangements for ~his deposition • were made between Mr.Shire and Mr.France,and I was not a part~ to any of it.To my information,it's purely hearsay,and I was advised that it was explained to Mr.France that the doctor would not be available to come and testify at a hearing;further, the notice was mailed out after the date for deposition had been set by agreement,prior to the date of the notice being mailed, which was mailed on March 4,1971.The first notice counsel had that this issue might arise,was the morning of March 10th when the letter was received with a handwritten note at the bottom; further,any objections not raised,as far as we are concerned, we didn't waive,and,secondly,the physician-patient privilege peculiar to the patient,who is now deceased,and his rights do .not pass to the attorney for his estate,and this matter will • Dr.Murphy.-Direct be decided later. ARTHUR I.MURPHY,JR.,M.D.,having been duly sworn,testifies as follows: Direct-Examination by MR.FINDER: 4 • • Q A Q A Q A Q A Q A Q A .Q A ~...'-';.. Q A Q Will you tell us your name,sir? Arthur I.Murphy,Jr.,M.D. And what is your profession? Physician and surgeon. Are you licensed to practice medicine in the Common- wealth of Pennsylvania? Yes,sir. How long have you been so licensed? I think it was 1945;I'd have to check on it. And where did you take your medical training? University of Pennsylvania. When did you graduate? Medicine,in 1943. .'~I :'. Anq wher~'did you inte~n?:.."~ In west Penn Hospital,Pittsburgh. Knd ·didyou..take any residency? ,'!t . Yes;graduate school,University of Pennsylvania;in gene~al sui-gery ,:Bloomingt~n Memorial Hospital,Wil- mington,Delaware;tumor surgery,Memorial Hospital, New York City.And the dates would be,approximately , 1946 to 1954;that is for the residency. And are you certified by any·'.organizations? • .~ • A Q A Q A Q A Q A Q A Q A Q A Q A t. American,Board ,of,s.urgery. ".And,do you specialize in anything? In general surgery;oncologic surgery;cancer. Are you the member of any societies or orgaJnlzat'ions?' The County,State and National;Allegheny Medical Society;the state Medical Society;and the American Medical Association;and there is a number of other things that are probably not too important. Are you on the staff of any hospitals? At the University of Pittsburgh Medical Center,and' Allegheny General. And I assume,here at Magee-Womens? That's just partly,I could say. I see.Doctor,in the course of your practice of med icine,did you have occasion to have Angelos Karavola as a patient? Yes. When was the first time he came to you as a patient? I have specific notes on him.Let's see now.That would be ---it would be in April of 1959. Without going into the detail of all the treatment over the period from 1959 to 1969,generally,what would he be under your care for? Cancer of the'larynx;voice box. Was any surgery performed? Yes;1959,April the 14th,we did a total lar~gectom ; a total removal of the voice box. 5 • • • Q Q A Q A Q A Q A And how does this affect the patient's ability to speak and communicate?: He must learn a different method of communication. Now,did you experience,in the course of your 'having Mr.Karavolas as a patient,any difficulty in commun- icating with him? Yes,there was always difficulty in communicating with him. Can you tell us whether he was easy for you to understand? It was impossible to understand the spoken word,not only because of the difficulties he had in using the' ,electro-larynx,the device that he used,following.,' .-~t ·this'surgery to spe~'with,also,his knowledge of •• English apparently was qUite limited,so that ,it was ',mostly by,sign language and by patient efforts that \. we were able to get the simplest thoughts across. :r.Tow,'DQctor,so that I understand,what is an electr -,. larynx? It's an instrument that makes a buzzing sound,that people that have had their voice box removed place up against their neck and project a buzzing sound through their mouths using their tongue and parts o~ their mouth to form the word~~ Was Mr.Karavolas hospitalized,at all,during the year 1969? Yes,he was hospitalized in July and December. 6 • • • Q A Q A Q A A Q A Q ..,. Now,where was he hospitalized in July? Under my care at Allegheny General;however,on one occasion,he was ---oh,correction;that was before 1969. In the hospita+ization in Allegheny General in July of 1969,what was the purpose of hospitalizing him on that occasion? Because of chronic bronchitis and emphysema. Now,at that time,had his ability to communicate in-I creased,or gotten better in any way,as far as you were concerned with it? Will you repeat that question? (Question repeated by stenographer) With each time that I saw him,or admitted him to,~h hospital,our ability to communicate seemed to get worse. While he was in the hospital in JUly of 1969,did he demonstrate any unusual behavior? On this occasion,he showed irrational behavior on , sev~;al occasio1],s;be~ng found on the wrong floor, i' and leaVing the'hospital without signing a release, and.at that time,he left his suitcase and valuables • The hospital ha?'fo'inquire through friends whether he arrived home safely,or not•... "J ~ You had earlier stated,Doct~r,that each time you saw him the ability to communicate got worse;in wha way,sir? .... I • • • A Q A Q A Q I !fell,I was:completely--unable to understand his spoken ..\'. word with'the'spee6h'device;his writing became very shaky and,to me,irlegible on most occasions. l Did you form,or do you have any opinion in July,as t his ability at that time to have sufficient mental cap acity to communicate and have a will drawn? Judging by his behavior on July 4th,1969,when he we home against advice,I would feel that he was probably, not oriented enough to make a responsible will. Now,did you see him after that,Doctor? Yes;he was readmitted on December 6,1969 to Alleghen General Hospital and,at that time,was to have a revision of his tracheal stoma,which is the opening in his neck through which he breathes;this had become qUite small and had been revised previously,but alwaY~ scarred down,and I felt that it would h,elp his breat ing if this were enlarged.Once more,he left pital against the advice of his physician,and on this occasion,we had to intercept him at the front door, and with the help of Mr.Marenakis,a hospital adminis trator at Allegheny General who spoke Greek fluently, we did our very best to have him stay and have medical care;however,once more,after a long discussion wit Mr.Marenakis,and pleas on my part,he left the hos- pital without signing a release,and I don't believe he could have been detained except by physical force. What was the date that this occurred? 8 • • • I, A Q A Q A Q A Q A Q A December 9th,1969. And how long had he been in the hospital,before he left? He was admitted on December 6,1969. Did you notice any change in his mental condition or ability,on this last hospitalization? His ability to breathe was greatly impaired by the chronic bronchitis and emphysema,and the narrowing 0 his windpipe. Can you tell ~s whether you have any opin~on,as to whether he was senile,or not? I would suspect that the cause of·the bizarre behavio that I have described,is senility. And is senility something that is likely to occur ,within a si~ty day period,and get to this stage with- .,.~.in sixty;days?r • I would suspect that,just from knowing him and perso - al aquaintance,.that this was a progression ot a proc~Bs 'thathaa started,prior to 1969. And for·the record,what is senility?.~ Senility,in contrast to senescence,is a process of aging when the person exhibits symptoms of brain dis- orders,usually due to the decreased blood supply of the brain.The exact causes of this are not known. The other parts of the body show evidence of aging; sometimes,in advance of the changes you would expect of the age.Senescence is normal aging process. 9 Q All right.Doctor,between July and December,did 10 ," • ~. • A Q A Q ' A Q A this condition increase,or decrease;this senility?l ~ He showed an equal amount of bizarre behavior on bothl .~ hospital admissions,so that I wouldn't be able to answer that question• Specifically,from what you know of this patient dur- ing this year,on October 6th of 1969,in your opinio , would he have had sufficient mental ability to make a will,and understand what he was doing? From my knowledge of his behavior,I would say that he would 'not be able to make a responsible 'Will,at this time. Now,Doctor,do your duties here at this hospital and other hospitals prevent you,in any way,from appear- ing in Court in Washington,Pennsylvania,for the purpose of testifying? Yes,it would be impossible for me to appear. And will you tell us why it would be impossible for you to appear? Because,I'm engaged in the practice of .surgery,us- ually operating on p~ople who are seriously ill with cancer,and I feel it'would be vital for me to con- tinue this work without ,interruption. { As a matter of 'fact,Doctor,today you were delayed for over an hour,appearing for the deposi'tion,becaus ~'. ;'of 'surgery,were you not?• A That is correct. 1 ..J '. • • Q A Q A Q A Q A Q A Q . A Cross-Dr.Murphy ~qros~-E~amination by MR.FRANCE:.... Doc~9r,do you limit your practice to cancer surgery? Yes. How long have you limited your practice to that specialty;? Approximately,eighteen years. When you would confer with Mr.Karavolas,would he have a.friend or relative,or someone with him to help communicate? He frequently had a friend. Did you communicate through the friend? To a certain extent. Did the friend seem to be better able to understand Mr.Karavolas,than you were able to understand him? Yes,but it was on a very simple level,and it would be just from knowledge of his mannerisms and motions, and things of that nature. Would a person who had more opportunity to communicat with Mr.Karavolas be more likely to be able to dev-· el~p an ability to understand him? I'm sure that they could,if-~-'had a much better unde~- standing than I could have of him. 1: Q Doctor,did you,from time to time,give instructions to Mr.Karavol.~s on how he was to care or treat himse f? -------H---------------------------------....--- 12 • • • A Q A Q A Q A .Q A Q A Q Yes. Did you give those instructions directly to Mr. Karavolas? Sometimes,and sometimes there was a ---I don't re- call who the man'was who came with him.I would talk to him,and he would try to get the point across to him. When Mr.Karavolas left the hospital,on the occasion when he left behind his :suitcase and valuables,did anyone attempt to get any reason from him why he in- sisted on leaving the hospital? At that time he left,I think that there wasn't a chance to get a statement from him,because he just disappeared.And at the other time,when he left in December when he was so ill,he ---I spoke to Mr. Marenakis with the gentleman,and he said he couldn't make too much sense out of what he was saying. Was he very for,ceful when he left in December of 1969~".,.,.,..' He couldn'it be detained by anything less than physic method~,and we were not going to do that. Re~xhibited 8:very strong will,then? Yes. Were you there with 'Mr.Marenakis at the time Mr. Karavolas was trying to leave the hospital? Yes;uh,huh. Did Mr.Marenakis ---was Mr.Marenakis able to com- municate with Mr.Karavolas? • • A Q A Q A Q A Q It was my impression that he was communicating with him,but at a v~ry low level of communication.I think you'd better ask Mr.Marenakis that question, because he might recall it better than I do.Whateve~ he was talking to him about,he wasn't getting the point across to him. You mean,he wasn't able to persuade Mr.Karavolas? Mr.Karavolas to stay;that's right. When Mr.Karavolas came to Allegheny General in July of 1969,did he come by reference from a family physician? I don't recall that,I don't believe I have ever hac any correspondence with a family physician,concern- ing Mr.,Karavolas.He was referred to me,originall~, by a nose and throat man in the City of Pittsburgh. That would have been in 1959? '59.He must have had somebody taking care of 'him ...".:......out at Charleroi-'MonessenHospital,because he was,I ~"., hospitalized there,i'or ,a time. ',Did ,yqu admit him to Allegheny General in July of -~'.~~. '1969?•t A Q A Yes.,he was admitt~\d'"under my service.Whether I personally admitted him,or whether he came up throu~h the emergency room on a telephone call,I don't know And your records show how he was admitted on the December,1969 admission? This is something I would have to consult the chart • on;I don't have that in my records whether the December,'69'---he was in pretty desperate straits, and he may have been brought in as an emergency,at that time.He was admitted on my service.Now,~hen you say how is a person admitted,just what do you mean~whet~er he ~as brought in as an emergency,or as a ---? 14 • .~ Q A Q A Q A Q No ---yes ---I 'mean,whether he came to the hospita .'himself;whether he came to your office,and after examination,you sent him to the hospital? Well,I 'have aJnote about that,in my office.I don' have any previous ---I:.don't have any note between January '69 and December '69,on my office charts•.I, don't think I saw him in my office.(Referring to notes) I see. So,he was brought directly to the hospital,and whether there was a telephone call that preceded that I I don't know;from some friend,or ---• Is it a fact,you're saying you don't know''whether he decided on his own to come to the hospital? I would doubt if he decided on his own;I think he Wa brought in there by somebody,but I don't have any statement,or any proof of it.It could be noted her on the hospital chart. Would that be a factor to consider when you arrive at an opinion of senility;whether or not,he was able t(~ determine for himself that he needed medical care? • • A Q A Q A Q A I would say that if he were brought into the hospital by somebody else,and then left against the advice of the physician,that he was obviously.quite ill and needed hospitalization,why,I would say that was evidence of senility• Would it be a factor that you would like to know, whether or not Mr.Karavolas came on his own;of his own freewill and accord? It would probably'mean something,but he always;more or less,sought us "here,for whene ver he did get int difficulty,and it was almost an instinctive thing that he did.I don't think it required any great thought effort on his part to do that.On one occas- ion,he was at another hospital and he asked to be transferred,because he wanted us to take care of him Is senility something that occurs in varying degrees; ,it's not like pregnancy,is it? I am sure'that th.ere's all degrees of it,and it,per.t .of "';JIi!.t,..o;j haps;1 ban -.strike .differe·nt parts of the body more be- cause of senility.I think,it's still under investi ~. gat.i,on.,.' In your examinations of Mr.Karavolas,did you examin ..+ ,',,'. and,have cause.to.take his blood pressure readings, and all his vital signs? On every hospitalization,his blood pressure was re- corded,and I'm sure if we read far enough into those records,you could find ample blood pressure readings 15 but I don't have any with me here.I don't have i ' senility that Mr.Karavolas was in,you did not,in • • Q A Q A hospital records;I just have my ~wn records here.I can have you one in August of 1966,blood pressure was 140/70. Vlould'that be unusual for a man of Mr.Karavolas'age and build? No,I think it would be qUite good. In stating your opinion,with regard to the stage of i I fact,consider your record of the vital signs'of Mr.II Karavolas,as in your reports and in the hospital re-I ports;is that correct? state that again,there. (Question repeated by stenographer) 16 I don't believe that his vital signs,particularly, A A You're referring to the statement I made today. don't ---is that what you're referring to,or my Yes. I iI.i Ir ---I?i'. I • Q A Q A would affect his senility. Is blood pressure one of the vital signs? Yes. Is a person who is in a state of senility,such as Mr' Karavolas was,have any significant variation from the normal blood pressure? I would say that if the senility is a reflection of blood flow to the brain,which is a reflection of the state of arteriosclerosis he might have,why,I would I• I .'.17 • expect him to have a blood pressure that many arterio- ~~~-'''''sclerotic people have~'~nd it~usually shows an eleva- tion of the systolic blood pressure.But~I don't have it here now~and so I wouldn't be able to discuss that aspect of it.Do you have the hospital charts here with you?If you have them~I can look at them. A No~I don't;I don't. MR.FINDER:And~I can't get them. Q Ordinarily with arteriosclerotic heart disease,you get ~ high systolic blood pressure.This doesn't always mean that the patient's senile~though,and I'.m sure that you can have senility with a blood pressure that's within thE normal limits for his age. Q It is one factor to be considered,though;is it not?•A Yes,I think you might think of that,because of the general state of the blood vessels in arteriosclerosis. Q Now~in arriving at your opinion that Mr.Karavolas was in a stage of senility,what factors did you consider? A I considered mostly his age,which was eighty-four; his behavior,which was,I would call,irrational~ childish,for most of the times that I observed him. Q Doctor,I noticed that when you gave your answer,you•were glancing at your notes there?Is that correct? (Witness hands notes to Mr.Fra~ce) A Q Yes,but I don't need to. if you want to see them. Here---they're all yours~ Q Are there specific instances of childishness that you were referring to? • • A Q A Q A Q A Q 18 I would think-that a failure to take advice,failure 0 go to the operating room and have something done whic several people had told him would help him,would be the most obvious reasons for my thinking he was actin~ childish. Did the operation just referred to have any degree of risk to it? It would have bee~done under local anesthesia,and 'it would have been minimal risk,even for somebody hi~ age.He had had this procedure done before,the same one,arid he kn'ew what it was like. Was it painful in the recovery stages? Not particularly;no •It required cutting'.the skin around the opening of the windpipe;sewing his wind- pipe out wider,so that it was held out at a greater diameter.There would be some discomfort,but it wouldn't be extremely painful. Are there any instances of his irrational behavior, other than have already been presented,that you con- sidered in arriving at your opinion? In the July admission,he was found wandering on othe floors,which I believe I mentioned,and the fact tha he left the hospital without permission on two occasi ns. This is a note that I took from the chart in July;it merely says what I just stated. Doctor,are there signs at the Allegheny General Hos- pital?This is where he was wandering to 'other floor ~, iR t.h::lt.~iQ'ht.? A Q Yes. Are there signs at Allegheny General Hospital that Ipatientsarenotpermittedtogofromfloortofloor?' 19 • • • A Q A Q A Q A Q A Q A Is it a ---? It's unusual for a patient to leave the floor,though. Are there signs here in Magee Hospital that the patie~t is not permitted to go from floor to floor? No. None in the elevator? Patients are ordinarily instructed to stay on the floor,and are frequently instructed to stay in their rooms,so 'that-people can find them. Was there no time that there were signs in the eleva- tors at Magee,that instructed patients not to go frc flpor to floor? To my knowledge,except in the areas where the mothex are nursing babies,there's signs up that people aren't supposed to go in there,and it's ---often,~ it's a strange thing that ,I always notice in hospitais, that people stay pr~tty'much on the floor where they are,and don't wander. I ,Doctor,let,me -'ask for the record,then,would you ,. care to speak to your qualif'ications to make observa ,<•tiona about a person's mental capacity? My qualifications would only be as trained as a phy- sician in medical school,and·having certain courses in psychiatry there,and serving in a psychiatric in- stitution during the wa:r:,World War II,for a limited 20 ., J!ength of time; > '.'1'the amount of general psychiatric • • Q A Q A Q A Q A Q applications you must make in the practice of surgery. Was-this p~tient'~condition one that was terminal ", from his cancer? No;the ca~c~r w~s controlled,even to the very end... Doctor,here is a discharge summary from Allegheny General? This is on the chart,you know;you don't have to go through my records for this.I assume,you have the hospital charts,don't you? I don't know,but this a discharge from JUly 4,1969. A Sure!MR.FRANCE:That's all I have. (TESTIMONY CLOSED) COMMONWEALTH OF PENNSYLVANIA ~ COUNTY OF WASHINGTON ~SS: 21 • • I,Florence Dasta,a Notary Public in and for the Commonwealth of Pennsylvania,do hereby certify that the witness DR.ARTHUR I.MURPHY,M.D.,was by me first dUly sworn accordin to law,to testify to the truth,the whole truth,and nothing bu the truth;that the foregoing deposition was reported stenograph ically by me and then reduced to typewriting under my direction and constitutes a true and correct record of the said deposition given by the above-named witness. I further certify that I am not a relative,employee or attorney of any of the parties,or a relative or employee of either counsel;.and that I am in no way interested directly or indirectly in this action. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal this 27th day of March,1971. •My Commission Expires:March 9,1973. County, . J ..t \ l\, I,.. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION ., IN RE: =STATE OF ANGELOS KARA~O:AS,Deceased • ) ) ) ) ) NO.36-69-1387 NOTICE OF TAKING DEPOSITION ON ORAL EXAMINATION UNDER PA.R.C.P.No.4003 (c) Notice is given herewith that pursuant to Pa.R.C.P.No.4003, the de~osition of ARTHUR I.MURPHY,JR.,M.D.,will be taken on oral examinatio at Dr.Murphy's office at MAGEE-WOMENS HOSPITAL,For0es and Halket,Pittsburgh, PEnnsylvania,for \:.lBe a~trial on WEDNESDAY,MARCH 10,1971 at 2:30 o'clock,P.1. aid at any and all adjournments thereof.The deposition will be reported by FLorence Dasta,385 Terrace Avenue,washington,Pennsylvania, ~)J~A~for the Glaimant ,1971,Ithis£~aYO~AND NOW,to wit, Dated:March 4,1971 hereby ~ccept service of the within Notice of Taking Deposition and acknowledge .,.t rEceipt of a copy thereof• , ./ /I