HomeMy WebLinkAboutOC1970-0630 - ESTATE OF REYNARD",,'~
-'J
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
ESTATE OF:)No.63-70-630
)
ROBERT E.REYNARD,)
)
Deceased.)
o P I NI ON
Sweet,P.J.
Octoberf-'1974.
It appears that one RobertE.Reynard died intestate
on the 16th day of May,1969.He was a native of Monongahela.
Almost a year later,Lalah Reynard was appointed Administratrix
of his estate and filed bond in the amount of $10,000.The estat
included,inter alia,a tract of land in the first ward of the Ci
of Monongahela,County of Washington,Pennsylvania,being more
fully and particularly described as Lot No.6 in Nelson's Plan of
Lots improved by a doub~e dwelling house which bears the address
of 789 East Main Street,Monongahela.
Apparently,this real estate in question was no
Taj Mahal because LalahReynard was for a long while unable to se 1
it.Finally,she entered into an article of agreement on June
3,1971 with one Florence M.Courtney for $1,000,the agreement
calling for $500 down and the balance to be paid over a period of
six months.
The administr"atrix properly presented a petition.~..
to sell this real estate.Thi:s petition"indicated that on July
27,1970,the Code Enforcement'Officer of the/City of Monongahela
I .,\
had made an inspection of the-said premises'and cited violations
concerning venting of space gas heaters,sink trap,ceiling fixtu,e,
roofing,gutters and downspouts,cleaning up of the interior,fir
hazards,etc.The report of the Code Enforcement Officer would
discourage any purchaser.
Florence Courtney agreed to a low price and this
was approved by our former colleague,JudgeP.V.Marino on July
6,1971 upon petition of Joseph J .'-Benedict,Esq.,counsel for
Lalah Reynard.Then Mrs.Greedan,a party in interest petitioned
to set <:;0::.:~;this sale aside for inadequacy of consideration.The
administratrix filed an answer,citation was issued and the excep-
tions of Ruth Ann Reynard Greedan were sustained.Mrs.Greedan
did not think that the price of $1,000 was fair and reasonable.
Judge Marino,in a sense,then compromised the matter just before
he retired.
In a two-page order he really didn't give any clear~
cut reason for this action."We cannot permit this sale to remain
in the present situation".Apparently Judge Marino felt that the
property had not been listed wi,thany real estate agents.However,
Mrs.Reynard,the personal representative,.testified she listed the
property wi,th Mr.'Lignelli;then she went to Smith&Dougherty.
She said (R.44)"I placed it in their hands for sale .•.:butthat's
all I ever heard ...he said he had no one that was interested in
.it ...I tried several places to talk to people.B,ut no one would,
,i
even go and look at~t·.''.'I'·said,we 1'1 ,as a fina"l·resort J"ll
talk to Mrs'.Courtney.Maybe she'll buy it",.
It seems to me from re~ding-the testimony that Mrs.
Reynard thought she had it listed with Lignelli,although his
,..
testimony is very ambiguous,and thought,she 'had it listed with
Smith &Dougherty.Finally,she got a buyer.
It seems to me that when ~udge Marino approved this
sale,we had completed legal action,unless there was direct appea~
from the sale.The Act of 1945,20 P.S.818 says this:
"When a fiduciary shall hereafter make a contract
not requiring approval of court,or when the court
shall hereafter approve a contract of a fiduciary
requiring approval of court,neither inadequacy of
consideration nor the receipt of an offer to,deal
on other terms shall,except as otherwise agreed by
-2-
.<
~"..,~
\\,
+~.;.~..t ft.)t
the parties,'relieve the fiduciary of the
obligation to perform his contract,or to refuse
to enforce it "~by specific performance or otherwise:
Provided,thatt!his'act shall not affect or change
the inherent right of a court to set 'aside a contract
for fraud,accident or mistake."
In the course of t~me"Judge Marino was replaced in
Orphans'Court by The Hon.Paul A.Si~ons who'\'disqua1ified himse1·
for conflict of interest a,:d"'assigned this piece of business to thb
.',.
undersigned.The firm of Hor!Ue11 ,Tempes't,Bigi and Me1enyzer
•(in which Judge Simmons had atone time been a partner)was in it
for Mrs.Greedan at that point.
It would further seem if there was negligence or
bad faith on Mrs.Reynard's part,then the disappointed heir shou1Cl
pursue remedies against her instead of trying to cancel Mrs.
Courtney's bargain.
Brittains Estate,28 Pa.Super 144 (1905)says~""As
a general rule,it is too late to make objections to the sale by
order of the Orphans'Court after confirmation,payment of purchase
money.and delivery of deed:See Simmonds,19 Pa.439 (1852)".
A readipg of Brereton Estate,355Pa.45 (1946)
Reichert Estate,356 Pa.269 (1947)lead me to the belief that
order Judge Marino signed was final,in the absence of clear and1.
convincing proof of fraud.
Accordingly,we completed legal action at that~.
point.The rest of this is just procedural sparring.
This may have been the second Louisiana Purchase a
far as Florence Courtney is concerned,but even if true thatisn'
enough to vacate a judicial sa1~by collateral attack.
Accordingly,our order of March 19,1974 is rein-
stated after the foregoing consideration of the pleadings,the
transcript ,the briefs and theargum~ntsof counsel..It will be
.*
so entered accordingly.'•f "t·~
I I am not sure whether the standard should be clear and
convincing proof or proofthatiscl~ar,preciseand inundat .
However,'since I don't believe·onthi~record there was any I
proof of fraud but only some ambiguity'in the testimony of
Mr.Lignelli,I don't have to set the threshold with precisiCDns.
~,.
l
...-
...."~._~••:.:~••,:<j,l ...
,::.,J~;'-
.'./'.'.
o .
,'-,'.
~t _:})}• t .'.
-1-.'..".,"~..."-...~
I/',;"'1"':~,
:....~.~.,;-
"i"',
'.,....C~··
"
....;
,.",}.'
,t J.<,:;~.if:
,:.!.!
::,••'.J
........-
{.....-.,
~~.~.'.•{
0_'
.i:.
"f.'t,
,',
;.1.".'...,-
..~"
".J....
"1 •.0_••,.::.:C'\"'
..,J,
'......,...
I'J'',::,,.-..';
'.. .'.-~,-..!
,,
.,;):.j',',.,,
,'.~
~..
.r
,'"~..,;;.".,
....~...."
.;,}'.
_~"•.•••'.~._•...,A .....,._•
.:~,......~.":-"'",.'.~'"--..-'i
~...--:•'.t ,.~'.~..l !..~~
.......'0"......,:.\....:;
.........
"'-..'~.I .~\:..'.
':{>,.;',..•;:..;1.'"t•..,._,~,,,!.,.•.f
-v.)~)l."....
>..t.\>.-
'.......
FORM67 REG.WILLS.REX.1-50.c.._--.>-
1\ppliratinn fnr 11lrttrr.a nf 1\~mini.atratinn nn tqr
Estate of.E.Q~T.E."H.nNA.R;o .
late of M.QNQN.9.~.~It~,Deceased.
Before the Register of Wills of Washington County
personally appeared ~~~.~~~~.¥..~~~;Q :.
wh~,being duly sworn deposes and says that RQ.Q~.r.~~.f.B~.Y..n~.r.9..
age ~3.,having .last family or principal residence at !17 E.l.m~.r.~.~.t.Ay.~.m~,~..!.
(Street and Number)
.g.~.~~Q.!.;!J'.Q!~.~±.P.f~.!}~~.Y.~.y.~n.~~,Washington County,Pennsylvania,died intestate
(City.Borough.Township)
at..J!!9..QQns;~h~J~..~,on the 1Q.t.h.:::::day of 9.g.~.2P..~:£::=:
A.D.,19?.9.,at..~.J.QQ P..t M.,possessed of personal estate to the estimated value
$9.Q.Q.,..QQ ,and of real estate in the Commonwealth of Pennsylvania to the estimated value of
$..~l..Q9..9..~.Qg ,situate in y..h~F..!.;r..~y.w.~.;r.g Qf.~h~Q.l~y.Qr.M.Qn.Qng~.h.~J:.~..!..
.W.~.~.P.:!~.~Q~Q.2~~.~Y.:.t p..!.~.~.y..±y..~.Q;!.~;,.
The names and addresses of the decedent's surviving spouse (if any)and other heirs including
heirs by adoption)are as follows:
RELATIONSIUP R~ID~CE,117 E1mcres't Avenue
1.~~.~h:R~Y..Q~.;r.g ;~.1.f.~,..MQnQD&~b.~1~.~p.a.•.....1.5Q6~.~~~.~g.~~.~.~~.~~1~~g.h~.~.r.l?~(~~.2..~.tr::l,:Z1&~:~1%.
.Q.!.;!.y.~.r.E~y.~;r.g ~.Qn ~.~.9..~~;it~9..
,,..
,..
That deponent is over 21 years of age,resides at....J:11 ~lm.~.r..~~.t.A.y.~.m~~..t ..
~.~~.~~~~P.:~.!.~.!.~~~.h.!.n.e;y..Qn:...Q.9..¥..Q~.y..t p.~P.:n.~.Y.:!.y.~nl~..
is a citizen of the United States and a resident of Pennsylvania,and respectfully applies for Letters of
Administration upon the Estate of said decedent,no letters having been previously issued thereon.
.................
J
.-"";../I ~4Swornandsubscribedbeforemethls..L ..
f ..,'_.--A D 19 70day0.-:=::::~, •.,..
Jh~1
,.
REGISTER·
..
............................................................................................................
~t..~~.~.
..::::=:::{J::::::~.
COMMONWEALTH OF PENNSYLVANIA}SS.......
:~::::~;~~:··:~:;~;~:~h;~:.:~·~~~:;:~~::~;:~···~·~~~~~··:~
chattels,rights and credits of RQb~.r.t E.,.ll~Y.:na.r.Q ,deceased,
to the best of...hJ.~..skill and judgment in strict compliance with the laws of this Commonwealth,mind-
ful of the laws relating to inheritance taxes.
Sworn and,§Jj~scribed before me this.....l~...~.
day ofl"9 Lb.~~.::::,~A.D.,19..2...~....................~:2?:z.~.
REGISTER
"
\
"
,.
.#
~.,?g -71)-6 ~0
.APPLICATION FOR
Letters of Administration
ESTATE OF
,~.Q~±'~.!.•..•BJ~XN~m?:..
Deceased
R $..
Letters ;..
"I ~ooP$':..
Extra Alias $.
Certificates 1-.A.~$~"..f(,q
Renunciations $;.
. .... . . . . . . . . . . . . . . . . .$.
Total.JY'J 1 1-17 0IU··········..·············
FILED
}tt~ttj-7C
RUSSELL M.....~n 0~REGISTER OF W.llS '
....~~.......................
Attorney
~2
63-70-630
(tlnmmnuwrnlt4 nf Jruusylunuia.{!lS.
llI1Ius4tugtnu Olnuuty.\
I,Russell Marino ,Register for the Probate of Wills and Granting
Letters of Administration in and for the County of Washington,in the Commonwealth of Pennsylvania,
to Lala.h Reynard
administr a t r ix of all and singular the goods and chattels,rights,and
credits,which were of Robert E.Reynard late of Washington County,deceased,
GREETING:
WHEREAS,the said Robert E.Reynard late of
MoilOngahe 1a in the county aforesaid,lately died intestate
(as is affirmed)',possessed of divers goods and chattels,rights and credits,within the said County,.
Russell Marino
by reason whereof the"power of granting administration thereof doth belong to me;I therefore,confiding
in your fidelity,do by these presents grant unto you these LETTERS OF ADMINISTRATION,here-
by committing unto you full power to administer the goods and chattels,rights and credits,which were
of said deceased within this Commonwealth,you having taken and subscribed the oath of office pre-
scribed by law;requiring you to well and truly administer the goods and chattels,rights and credits,
which were of said deceased,and to exhibit a true and perfect inventory thereof into the Register's
office,at Washington,within ninety days,and to render a just and true account of your administration
at the expiration of six months from the date hereof,and to regard and comply with the provisions of
the laws relating to inheritance taxes.
IN TESTIMONY WHEREOF,I have hereunto set my hand and
caused the seal of said Office to be affixed this 14t h.
day of May -in the year of our Lord one thousand=
nine hundred and Seventy
/J.~............L..~~.
RUSSELL MARINO,Register.
~~
i::t:J ..........:0 "'lu +-t:CJ)t:1ll-J ~
let"Z Q
!l;l;l t:z::l ......
t ie C/l >~i::t:i t:Y
N :CD ~ak:::S ....
i~~=ll-J ....
t:1lOs.....i +-t!~~.........
:Q:i =i
..:]j
Estate o~Robert E.Reynard
......,Deceased
of 19 .......
KNOW ALL MEN BY THESE PRESENTS,
That we,.~Ja.h.~e.yp.!:i:r.~...~..~....r~.~,~.~.i.P'~.~a~d..YIl.~tec1 ..S.~.a ~.~.~~'~.?~.~.~t.r ..a~?~.~aranty
..q.C?~:E3~.~~.~.rrIc?!,~.,~~.~?~l!,~.~y".
all of Washington County,Pennsylvania,are held and firmly bound unto the Commonwealth of Pennsyl-
vania,for the use of those interested in the estate,in the sum of .~.E3~..~!J:<?~.~.~.~.~Dollars,to
be paid to the said Commonwealth,to which paymen t,well and truly to be made,we do bind ourselves,
jointly and severally,for and in the whole,our heirs,executors,_administrators,successors and assjgns,and
each and every-of them,firmly by these presents.Sealed with our seals and dated the ..14th...day of
............~.y.A.D.,one thousand nine hundred and .Sey~.n.ty ..
THE CONDITION OF THIS OBLIGAnON IS,That if the above bounden .
··rfx..····················:u.a.J~·~·..~~·y~~·r9:.
Administrat&........................................or any of them,shall well and truly administer
the estate according to law,this obligation shall be void as to those who shall so administer the estate;but
otherwise,it shall remain in force.
Sealed and delivered in the presence of:
B·····j;.·t·f6i;ns·:.;/····
..(SEAL)
@/tattmtut of ~urttl1
_I,-.-------------------------------.----------------------------------------------------------------.,surety in.the sum of $---------------,__,__c~=__-on~the __
administration bond in the estate of -----------------------------------------------,say that I reside at
-------------------------------~--,Washington County,Pennsylvania;that I am the owner of real estate,the
title to which is in my own name and duly recorded,situated in __,
Washington County,Pennsylvania,worth above all encumbrances $--..;and that I am worth the
amount expressed in said bond,over and above my just debts and liabilities.
._-~-~--------------------------------------_._----------.._--------------~------~--~--------_._-----_.._--------~-
P.O.
&tattmtut of &urttl1
I,----------------.--------..----..--------..--.----.......------------..-----..------.....-----.-_.-.---..._.,surety in the sum of $..._______________on the
administration bond in the estate of --------------------------..----·T--·----------------·----------------------·--------------------. ,say that I·reside at
-..----------.---------------.-----------------..-------------------,Washington County,Pennsylvania;that I am the owner of real estate,the
title to which is in my own name and duly recorded,situated in ,
Washington County,Pennsylvania,worth above all encumbrances $--.------.----__..__. ;and that I am worth the
amount expressed in said bond,over and above my just debts and liabilities.
,-_-.
._--------..._------.-------------------------------------------------------------------------
Co.
COMMONWEALTH OF PENNSYLVANIA,}
SS·WASHINGTON COUNTY,..,.
Street P.O.
And now 19 ,comes .
who being duly sworn,says that he is acquainted with the financial standing of the securities to the within bond;that
the said obligors have each executed the said bond and th3t the sureties thereto are the owners of real estate in their
own right of value more than the penal sum of said bond over and above.all incumbrances and exemptions.
Sworn and subscribed before me this ___
day of __......__....__..__.............__...................__A.D.19........__.-_--------------------------------------------_..._-----_.._---.---------_._-----------------
;t
,-.'i
f
I
t(
fo3-70-~30
No 81e..7 .
1\bmiuistrntinu 1Bnub
IN THE ESTATE OF
.............B~!?~!..~~~~.~~.~.~.
And now ~~.y.~~!,19.?C'!..
Bond approved and Letters issued to
.............r".?~.~P:~~.y..~~.~.~.
.............~hg...Ji.Ll.~y...9.~~~J.ft~~.~.
...................!!:!.~..!-.~:E~.~~.ll ..M~.~.ino
Register
RUSSEll MARIt'-!O
REGISTER OF WillS
Bond Book ~~...............Page 301
BADZIK PRINTING ~9 DONORA
.~'"
\;',
,.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
..
ORPHANS 1 COURT DIVISION
ESTATE OF
ROBERT E.REYNARD,
DECEASED.
.,
)
••~No.£3.-/rf ~/3 b·)
••)
PETITION TO SELL REAL ESTATE
TO THE HONORABLE JUDGE OF SAID COURT:
The Petition of Lalah Reynard,Administratrix of the
estate of Robert E.Reynard,deceased,respectfully represents:
1.That the said Robert E.Reynard died on the 16th day
of October,1969,a resident of the City of Monongahela,
Washington County,pennsylvania •
..
2.On the 14th day of May,1970,your petitioner,Lalah
Reynard,Widow of ,the said Robert E.Reynard was appointed
Administratrix of his estate.
3.That your petitioner filed a Bond in the sum of
$10,000.00 as Administratrix of the Estate of the deceased.
4.That the decedant1s estate consisted of some $941.24
in the bank and died siezed of the real estate hereinafter
mentioned.
5.That your petitioner is endeavoring to sell the said
real estate and has had it placed in the hands of two real estate
agencies.The said real estate agencies were unable to sell
same or receive an offer for the purchase~of the same.Your
petitioner also made various endeavors to sell the real estate.
On the 3rd day of June,1971,your petitioner entered into an
agreement with Florence M.Courtney to purchase said real estate
for $1,000.00,a copy of said agreement is hereto attached and
made part hereto.
6.That on July 27,1970,the Gode Enforcement Officer
of the City of Monongahela made an inspection of the said premise~
and found that two space gas heaters are not vented,if not
correo.ted they must pe removed;sink in kitchen requires a trap;
electric ceiling fixture needs repaired;the roofing,gutters and
downspouts need repaired,and the interior of the apartment
requires a general cleaning up and put in order,present conditions
constitute a fire hazard,and various other repairs have to be
made to the premises.A copy of report of the Code Enforcement
Officer is hereto attached and made part hereof.
7.The said Florence M.Courtney being a tenant of the..
said premises will have to make repairs required by the Code
Enforcement Officer as well as other repairs to the said building
on the premises.Your petitioner feels that this is the best
offer that has been made for the purchase of said pre.mises and
the fact that the prospective pruchaser is a tenant and will be
able to make such repairs the said $1,000.00 offered by her is a
fair.price for the property.
WHEREFORE,your Petitioner prays your Honorable Court
that the Administrators Bond of $10,000.00 is sufficient and no
additional Bond should be required and further that your
Petitioner be authorized to sell the said premises unto Florence
M.Courtney as set forth in the Articles of Agreement.
x~~
Admumis ratrix
STATE OF FL ORIDA
COUNTY OF
)
SS:
)
Before me,the undersigned authority,personally appeared
Lalah R~ynard,Administratrix of the Estate of Robert E.Reynard,
deceased,who,being duly sworn according to law,deposes and
says that the facts set forth in the within Petition are true
and correct.
Sworn to and subscribed before me this
J?day of ~f ,1971.
Jt4n~iJ)~
Jft;tary PUblic,state ot Florida at W;8NotaryPubli c My Commission Expires FEB.22t IS.rJ
~,I
July 27,1970
""".Mrs.TUlie .Greer (fieynard tstate)
163 West Main Street
Monongahela,Pa ~..",).506),
i '.Jo1rs.(~rep:g:
';.\ I ~. '..
which is occupi:-~,~YJ1r.,,&Mrs.William Courtney,r.,,~as iJtformed tt!at,Y~l1..a_r!:'
in charpe of this propert:r.
(.1".'f :-~.
"("
",-',.t ,j'-'
Two space 8as heaters are not,vent,ad.If thi~is not corre~ted,they JIll.\St,"be
removed.
Sink in kitchen requtres a trap•
•_........_M .'.,'••,••_.__'H _•••.,',.-
#9 of 196(,
"
30 .'i
:i ~I .~.
J!''.Y-I
l
Copy to Courtneys -,'
•",'t
,IL.:/c'..~_/!~(~V\2
A.C.Roule
1...}':',:1·:'tt~rl',l~er
Reynarrl Est,ate c/o ~ks.T.nrep£7
16)We~~Matn ~trp~t
July 27,19'70
7B9 East Main 3treet ,Monongahela,Pa •
•Occupied by &Mrs.Arbhur Fines
Present conditions constitute a fire l1a'l,ard.
Gutters and down _spou..ts,need repai r'ed.
'9 of 1966
30
Copy sent to The Fines.
truly fIG11 tit'CGIIN,to be paid ."to the lOW ~a..uatgtU ,..
.tMn,..ot$l,OOO.payttble as follows,$500.00 'upon the signing ot this Aptee.'n
rece1pt .h~"r.of 111 here13,.acknowledged,andt~.balance at the rate of $100.00
month for a·perlc:xl of'five months beglnnina July 1,1971 until December 1,1971
at Which t1.e a deed will be exeouted and delivered to the part~~or the secondpart.'I-....
,.~
!I!W"",'!.~"':::O-':~"""'~"""';::-"~'l"""~W",,"--F~·,,·.····t·..,<"y:'''''~'~''''..-.~_1""'1~,..-.
-~"'....,--~'-~.~~,.,...
.-,
\,.-
\~,
.1.~~\...t
J t Jlr"~'".
..
I .
.',
•...
,....~"
.f
.,,
"
-.~....-l!;...-__-,_.
.',
":'"3•
'.i,.
\'
.~
'.I •
t'
.."~~·to .'b~.equally 'divided be:tlJeen'the partieab:ereto.
.•f'
....
'"
,.",..',,'0 '.'~~
•.>,.'.~."..."~~,:j'..;
i'I,,,,"
}'~
~:.ij'
1>i4;''1t~~~'"!,,,•
.,
'."
IorI of ....D.II ,be/are me,
• I,.
.,.
be recorcIe4 aa ,uc1&.
lBtturss my M"d and Ileal.
_..._..-.~~...-.._...._-_.__._.._-
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
.
ORPHANS I COURT DIVISION
ESTATE OF
ROBERT E.REYNARD,
DECEASED.
)·.·,)
:No.
)··)
o R D E R
upon presentation of .the foregoing Fe
AND NOW,this /-,?;(if day of ,1971,A.D.
upon motion of.
Joseph J.Benedict,Esquire,it is herepy ordered that the withi,
petibion be filed,that the said sale bS F~orence M.Courtney
be authorized and that no additional Bond be required of the
Administratrix.
By
..
"
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
ESTATE OF )
(
ROBERT E.REYNARD,)NO.63-70-630
(
Deceased )
PRAECIPE FOR APPEARANCE
TO BOB A.FRANKS,PROTHONOTARY:
Please enter our appearance for Ruth Ann Reynard Greedan
in the above captioned matter.
HORMELL,TEMPEST,SIMMONS,
BIGI &M YZER
B'y .//d~i_~~~~)(;<~.v"
-~aul A.Slmmons,Attorney
Ruth Ann Reynard Greedan
for
EXCEPTION TOORDER,AUTHORIZING 'SALEOP
REAL ESTATE
TO THE HONORABLE JUDGE OF SAID COURT:
1.That on or about July 6,1971,a Petition for the sale
of real estate was filed in the Honorable Court and said Petitio!
requesting the sale of certain property described therein was
approved by the Honorable Court.
2.That said Petition requested the sale of certain real
estate situate at 789 East Main Street,Monongahela,Pennsylvanic,
to a Florence M.Courtney for the sum of One Thousand ($1,000.00)
Dollars.
3.That your Exceptant,Ruth Ann Reynard Greedan,had no
notice of said Petition,and your Exceptant,Ruth Ann Reynard
Greedan is the only child of the decedent and has an interest in
this Estate .
."'/,
4.That on or about July 6,1971,said Petition was approved
by the Court.
S.That the property which was the subject of said Petition
is worth many times One Thousand ($1,000.00)Dollars,which was
offered for it by the said Florence M.Courtney.
6.Further,your Exceptant,Ruth Ann Reynard GreedaD is ad-
vised and believes that the said Florence M.Courtney,in fact,
paid more than One Thousand ($1,000.00)Dollars for said property
but only One Thousand ($1,000.00)Dollars was deposited in said
Estate.
WHEREFORE,your Honorable Court is requested to issue a
Citation on La1ah Reynard,Administratrix of the Estate of Robert
E.Reynard,deceased,and Florence M.Courtney,to show cause why
.sai,d sale shOuld not be s'et aside.
HORMELL,TEMPEST,SIMMONS,
BIG!&MELENYZER
BY~-~.~
~,Attorney
for Ruth Ann Reynard Greedan
-2-
I·.....1
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF WASHINGTON )
Before me,the undersigned authority,persoDa11y
appeared R-U-T-H-A-N-N-RE...·.;;.YN;..;AR....•_D;.....;.G.;.;RB;;;;.;B;.;D;;.;;.A;;;;.;N;..·,
who,being duly sworn accordiDg to law,depose and say that
the facts set forth in the foregoing Bxception To Order
Estate
Authorizinl Sale of RealI are correct and true as he verily
believe •
~fL.-J ~,=>J~-Ruth Xnn Re~edan .
SWORN to apd subscribed
before me this 18th
_day of 1.:December t 196;/'1
-·~~o~.
..."Nai'y Public CAR'I1FN M O'GIOV,..I -.,ANNI
"\'.'Notary Public,Monongahela.Washington Co~
My Commission Expires July 7,1975
,:,,'.
.,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
ESTATE OF
ROBERT E.REYNARD,
Deceased.
)
(
)
(NO.63-70-630
)
(
AND NOW,this
CIT A T ION
.f&'~~/rl~Iff-day o~tENi13if'1971',upon considera
tion of the facts alleged in the foregoing Petition,a Citation
is issued on Lalah Reynard and Florence M.Courtney,to show
cause why sale of property situate at 789 East Mairr Street,
Monongahela,Perinsylvania,should not be set aside.
/f)-/All proceedings to be sta..yed in the meanwhilfeW-~~~·-.........,....,~I ~,J~
JI''''.--e}~/tr f(\
/T7
/'1
/'
/'
1'"
IN THE COURT OF COMMON PLEAS OF
.WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
No.63-70-630
IN RE:ESTATE OF
ROBERT E.REYNARD,
Deceased.•
ANSWER TO EXCEPTION TO ORDER
AUTHORIZING SALE OF REAL ESTATE
"'~t--......:J •
.~.-.
:;;,-
.:¢
f'-"""..~.__,4
/~r'!........:r;,
~~l.'::::..!:"
-;;,~::v
(;)f"'l):::n
'J::!32 c:::'--......rr"'<~..--~__7 (~t/-.)t-,...;,-.~I
.S"?!:;;;.;:~:
..~c~~-
(J -,.,".,
.r;:::;:.:;;:J'~
,;.::::'-':-.~o ~.:.;:'~,--.~
(.J)C)
q
I f11~
~/
/j
i
3:o
r
)0 <::l »o -.;a z
Z fTI~AI
\.'~n
r-»;;.::0=:::0orr
<--.~...)
MciLVAINE &C"""aRROLL
ATTORNEYS AT LAW
33 W.BEAU ST.REET
WASHINGTON,PA\/'
/;l;J-41.0 {./f _IX
I
,.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS·COURT DIVISION
ESTATE OF ROBERT E.REYNARD,
Deceased.
)
)
)
No.63-70-630
PRAECIPE FOR APPEARANCE
TO:Russell Marino,Clerk of OrpPans·Court
January
Enter my
;<.s-,1972
appearance z:e~2z:;e
~ank C.Carroll
Attorney for Florence M.Courtney
case.
ANSWER TO EXCERTION:JrO"':ORDER
AUTHORIZING SALE OF REAL ESTATE
TO THE HONORABLE JUDGE OF SAID COURT:
1.Admitted.
2.Admitted.
3.The undersigned has no knowledge as to whether or not Ruth
Ann Reynard Greedan received notice of the Petition but assumes that it was
done in accord With the statute and local court rule.
4.Admitted.
5.It is averred that at the time of the execution of the
Agreement between the Estate and Florence M.Courtney,that the property was
•worth the price which 'was paid,which is and was $1,000.00.Down payment was
made in the amount of $500.00 on June 3,1971,and the balance was paid at the
rate of $100.00 per month for the months of July,August,September,October
and November,so that on or about November 4,1971 payment had been made in
full.The deed was delivered and recorded on January 9 ,1972---_---:::..-_-----
in~Deed'lBbok 1352 ,.page 580-~---
G
6.There was no more than $1,000.00 paid for the property since
that was its value at the time and that was the agreed upon price.The petiti)n
to the Court in July of 1971 indicated that certain repairs were to be made in
order to comply with the local ordinance relating to space heaters and other
matters which were attached to the original petition by the Enforcement Office
of Monongahela.
WHEREFORE,showing as above,Florence M.Courtney requests that
the Petition to Show Cause be set aside and that the confirmation of the sale,and
delivery of the deed be again confirmed in hearing.
Attorney for Florence M.Courtney
I
I
!II, I
II
-I
i,
II
I
IIII
!I
I
I
I
I
!Iii
iI
iIIi.;,,;.~i
I
,I
I
II
I
I
,.
'...,-}
\/
)
),SS.
)
,i
~•\I
A F F I D A V IT?
Before me,the ,undersigned authority in and for said County and
My Conuni,ssion Expires:February 20,1975
before me this 24th
~~v.:~ed~e,;,infor~~ion and belief>
day of January 19 72 •
Sworn to and subscribed
COUNTY OF WASHINGTON
-COMMONWEALTH OF PENNSYLVANIA
N<>tarYpUbiiC
Washington,Washington County,pennsylvania
I
State,personally appeared FLORENCE M.COURTNEY I
who,being duly sworn according to law,deposes and says th~t the I
allegations of fact set forth in the foregoing 'ANSWER TO EXCEPTION TO ORDERI .
AUTHORIZING SALE O~REAL ESTAQ~true and correct to the best of her I
I,I
Iii
1Ii,
I
I,
'i,-
Ii
;1
IiI;!
Ii
"H
iI:,Ii
i!!I
11I'I!dII '
Ii
IIl'II
I'
IIIIII
II
IIIiIi
'·11 '
,II
II
II
IIIIIIII,II
IIII
I',IIi
IIIIII'I
I'II,
IIII'II,
II
II
'IIII,
IIIIIiIIII!IIiII
IIII
II
Ii
II
IIII
"Ii'ljIi
"I'.!II
I:
It,
II!iII
I!jiII1-.......~1,i",,1 ........,
I
..~).t
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIvISION
ESTATE OF ROBERT E.REYNARD,
Deceased.
)
f No.63-70-630
PRAECIPE FOR APPEARANCE
TO:Russell Marino,Clerk of Orphans'Court
Enter my appearance for Lalah Reynard in the above case.
January 27,1972
ANSWER TO EXCEPTION TO ORDER
AUTHORIZING SALE OF REAL ESTATE
TO THE HONORABLE JUDGE OF SAID COURT:
l.c Admittede
2.Admitted.
3.The said Ruth Ann Reynard Greedan had knowledge,or was
aware,and is presently aware of the sale of the real estate to
Florence M.Courtney.
4•.Admitted.
5.The Agreement to purchase Real Estate in the instant
matter was to be the sum of $1,000.00,payable as follows;$500.0
upon the execution of the Agreement and the balance of $100.00 pe
month thDOugh the months of July,August,September,October and
November,so the total consideration of $1,000.00 was paid.In
the mean time,during the said five months,the administratrix of
the estate collected rents at the rate of $55.00 per month,as
well as,rent at the rate of $50.00 per month from another tenant
one Mrs.Fine.Said monthly rents are reflected in the Inventory
and Account which are executed and were about to be filed when th
Petition was filed staying all proceedings.
6.The sale of the property for the $1,000.00 was fair and,<
reasonable under the circumstances.As set forth in the petition
averred that the price was reasonable and the best obtainable
under the circumstances.
WHEREFORE,The Petition filed by Ruth Ann Reynard Greedan
should be dismissed.
Jpseph~.Benedict0Attorn~y for Lalah Reynard
I...,---'1lJ
FF I D A V IT
G0MM eNWEJtl:iTK OF PENNSYLVANIA:
C-euNH OF WASHING'f'ONi::I~·A
)
)
SS.
Before me,the undersigned authority in and for said County
and state,personally appeared,Lalah Reynard,Administratrix
of the Estate of Robert E.Reynard,'who,being duly sworn
according to law,deposes and says that the allegations of
fact set forth in the foregoing Answer to Exception to Order
Authorizing Sale of Real Estate are true and corre¢t to the best
of her knowledge,information and belief.
Sworn to and subscribed
ad,'before me this 7
day of ~.1972 •
.~NrPublic »ob~"b1;<.s""ot Floc;'.",,,..
MyC ommiss ion Expires:My Commission (x;>ires fEB.22.1974
••
-------
IN THE COURT OF COMMON PLEAS OF WASHThrGTON COUNTYt.PENNA.
ORPHANSl COURT DIVISION
ThrRE:
Estate of
ROBERT E.REYNARD,
Deceased.
(
)
(
)
(
)
{
OPINION
No.630 of 1970
Marino,J.January ~,1973.
Robert E.:f5,eynard died October 16,1969,and Letters of
A~ministration qn his estate were tssued to his wife,Lalah Reynard.The
decedent left a small estate of about $1000.00,and real estate in the First
Ward of Monongahela,:pennsylvania,consisting of a small property on the
•.I ..~
northerly side of Main Street in said City,and having erected thereon a
double dwelling house.The Administratrix entered into an agreement dated
June 3,1971,to convey said property to Florence M.Courtney for the sum
of $1000.00,payable $500.00 on the signing of the agreement and $100.00
per month beginning July 1,1971.
Mrs.Courtney took possession on December 1,1971,in
pursuance of said Agreement,and has made extensive repairs to said propert
since taking possession.
A daughter of the decedent,Mrs.Ruth Ann Reynard Greedan
contests this sale,no notice having been given her of same.The Administrat ix
testified that she tried to sell the property for $10,000.00 and finally for
$5,000.00 but could not get a buyer.She finally sold it to Mrs.Courtney,a
tenant of same,for $1,000.00 according to the Article of Agreement.
·'.•.-:
'.'."
She stated in her petition to the Court that she had been endeaVOrijg
to sell said real estate and had placed it in the hands of 2 real estate agenciesJ
In fact,she had never placed it in anyone1s hands but simply talked about
selling the property.The Court permitted her to sell the same without
advertisement,depending on these facts.
It now appears that the property was not placed in the hands of the
real estate agents and was not properly advertized for sale.
The purchaser"Mrs.Courtney,cannot be blamed for this situation.
She had the title searched and made extensive repairs to the house before the
Court ordered a citation to issue on the Adminis"tratrix,Lalah Reynard,to
show cause why the sale should not be set aside.At the hearing,it developed
that the property was of the value of about $8,000.00.We cannot permit this
sale to remain in the present situation.
However,Mrs.Courtney,the purchaser,should have some prote tion.
We will consider her expenditures in time,labor and materials to be worth
,apPJ?oximately $1,000.00 and w:ill give her,credit for same.The property
,,.
must be sold again after proper'advertisement.Mrs.Courtney will be
credited with the sum of $1,000.00 if she desires to bid on the property at
said sale.If's:he is the successful bidder,$1,000.00 will be deducted from
her bid.If she is'not the successful bidder,the sum of $1,000.00 shall be
paid to her by the representative of the estate at the time that she gives
possession.
By the Court,
/~
i
OFFICE OF
CLERK OF THE ORPHANS'COURT
Washington County,Penna.NO.630 of 1970
WASHINGTON,PA F.e.bruary.2 1973.
Guardian
Administrator
Mr L.alah Re-Ynard.,Adm.i.n.i..~.t;r..~t;r.J~~~;::e~r
of the estate of ROBERT E-•....REYNARD.,DEC*D .
The Fees amount to $5..!.9.Q .in the proceeding for QR.:;J;.~~9..~.?~~.~9..'-~.~.~~~.~.~~.~~~.?.3
At No 6.30 Q!TOOiK;19 7.0 ,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.OC
Docket l.Z.4.page..4.9.9..RUBSell lV!arino.!Clerk O.c.
And now.....................................................................................19 ,Received above costs,to-wit $__.
and the docket has been properly receipted for same.
.Clerk O.c.
HEARING ON EXCEPTION TO ORDEh).,UTHORIZING SALE OF
hEAL ESTATE
e
.:!zc(>..J>-UIZ
Z
IIIII.
i0l-t)
ZXUIc(
~
..:uii:I-UI
C•..J....c(
2C·
:J.,
:t/:;
til
ui0:IIII-0:0II.III0:
I-0:
::l0U
..Jc(·0
ii:...0•'
IN .HE:
ESTATE OF
hOBEhT E.hEYNAhD1
Deceased.
BEFORE:.
APPEARANCES:
TIME:
..
PE~NP.
)
)
X,
)
)
)
)
-'-f--
THE HONOhABLE P.VINCENT MA.RIN01
Judge of the said Court.
HORMELL1 .TEMPEST,SIMMONS,BIGI &
MELENYZEhl ESQS'J of Charleroi,Penna.
'by PAULA.SIMMONS1 representing huth
Ann heyna;J;'d.Greedan.
F:HANK C.CAhhOLL1 ESQ.,of Washington
Pa'l representing Florence M.Courtney.
JOSEPH J.BENEDICTJ ESQ.,of.MonongahEla,
Pa.,representing Lalah Reynard.
Tuesday,March 28.1 19721 at 10:00 o'clock
A.M.
Official Stenographer -Jacqueline Hammond
.;
INDEX TO WITHIN T hA NS ChIP.T,
WIT NESS Direct Cross Redirect Recross
by Benedict By Benedic
-,MERICa LIGNELLI 4 10 31 31.
e By Carr'oll By Carroll
18 33
:5.'Z<t,>.
'oJ .,-
>-l/lZ .
Z
iiiQ,
0 i RUTH ANN REYNARD By Benedict .
0 GhEEDAN 34 37l-I'ZXUl By Carroll .<t~38..,:"
,
~
,,,.
0::'"I-!!!.ae-,-oJ<t By Simmons By Benedict By Simmonsu
0 LALAH REYNARD 40 46 60 56:l.,-
:tI-"By Carroll By CarrollC\I
ui 55 -610::,-
IIII-0::0Q,
III0::
I-0::By Simmons:l0 FLORENCE COURTNEY 64 73 76 79u
~U~By BenedictII.0 77.
e ,
-
"
"
.'
-E X H I BIT S
-Petitioner's Exhibits:
1 -photograph of property at 789 E.Main Street,-Monongahela.
Agreement dated June 3,1971 hetween Lalah heynard and Florence
M.Courtney..
City -of Monongahela Department of Public Safety Code.Enforcement -
dated Ju.ly '27,.1970.
City of Monongahela Department of Public Safety Code Enforcement
dated July 27,1970 .
C-
A -
..:u~iii B-
Q
.JǤ
c:).,
%~(II
«z-«>,.~
fIIZZIIIII.i hespondent's Exhibits:
o..t'
Z
:I:
Ul«3:
~-D ~Receipt in the amount of .$i7.75.
~II:oII.ili-a:..a::)oU
.J«Uii:ILo
MR.SIMMONS:Your Honor,this is the time s,et for a hearing
,,
in regard to exceptions to an order authorizing sale of real estate.
.My name is Paul A.Simmons and I am here on behalf of Ruth Ann
}(eynard Greedan,who is the party who fi~ed the exceptions in this
case.I think Mr.Joseph Benedict is her~on behalf of Mrs.Lalah
:5z«>..I>-mzzIIIII.
ZoI-~Z
:Im«:s:
R~yn~rd.Mrs.Reynard is here in Court.,And Mr.Frank Carroll
is here on behalf of the purchaser at the sale,who 1S a Mrs.Floren<e ,
M.Courtney.All pers'ons who are involved in this matter are here
in the Courtroom and before the Court.At this time,sir,with your..'
permission,weld like to call some witnesses in regard to our matte
..,:
~THE COURT:.'.
ןm
o
..I«U
o::l.,
J:......N
The Cou rt is'ready to hear testimony.
DIRECT EXAMINATION BY MH.'SIMMONS:
Could 'you give us your occupation,sir?.
Would you please state your full name to the Court?,
,My name is Merico Lignelli.
Q
~MERICO LIGNELLI IS CALLED AND SWOhN.,
bII-0:oII.III0:
I-~Qou
oJ.~A
ii:II.o
A I'm a real estate broker in Monongahela.
Q As far as background is concerned,can you tell us whether or
not you are a licensed profess ional broker under the rules and
regulations of the Commonwealth of Pennsylvania?
. A Yes,I am.
Mr.T ip'nelli 5
Q Would you tell us a little'bit about your experience as a broker?
A Since 1960 I have sold property in Monongahela and the area 'and i
have dsme a lot of appraisal in the area.,.
Q And could you just state very briefly.some of the,I might 'say person~
o'r corporations and,whatnot you have appraised for.municipal
Main Street known as the hobert,heynard prope rty?
And could you tell us what your ppinion---do you have an opinion
Did yot!have occasion to appriase a property situate at 789 East
I do appraisemenf work for the Was'hington County~edevelopment
Au.'thority.Pennsylvania''Department of Highway;I have d'one work fo
.-
•<,
If Your Honor pleas~.MR.CA -hhOLL:
Yes,I do.
as to what the value of that prope rty is?
Yes,I did.
Coca-C~la Company,Wheeling-Pittsburgh Steel.
.
And a number of other corporations?
corporatio'ns or otherwise?
.Yes ..
«z«>A..r>-tilZ
Z
IIIll.
i
0I-ClZXtil Q«~
..=!:!All:I-!!!0 Q..r«U
0
:J.,
:E.."Atil
iiiItIII Ql-ll:0ll.
IIIll:
l-ll:
:J0 A0
..r«
Uii:II..0
I will object to any further testimony on this nnlesE
Mr.Simmons qualifies the time that we are talkinl
about.
THE COU.hT:I think that should
.be done.
Q All right.Going back,to June,·1971,have you known this property
Mr.Li!:melli
for how longl Mr."Lignelli ?
A I have probably k~ow'n it for three"f~url ~ive years at least.
Q Going back to June ,of'1971,would you have an opinion as to what the
.value of this property was?
6
A
Q~z<>.
,.I>-(I)'z
~'An.
z
~Qzx,~A
~
)..:Q~0:I-(I)
Q
,.I
~,ug A.,
:t5 Q
uiII::
IIII-0:on.~A
1-'«::l
,8 Q
,.I<i3if0,
A
Q.
A
Q
Yes.
And could you tell us what you might have taken into cons ideration in
arriving at this value?
As of ,that date,June of 1§71 ?
Yes.
Or from the time you told me to make the ap'praisal?
As of that'date,June,1971.'Do you know comparable properties in
the area,the sale pr'ice of those properties?
Yes.
And could you give us a few comparable properties that were subs tar tially
.like the property in question?
My appraisal is based on comparable sales.
Do you have an idea .what the assessed valuation Qf this property
'was in.1970?.
I don't have it right herel .but I think if my memory is right itls
around $2500.00 for land and building.
'Is it $2100.00 or $2500.00?
In the neighborhood of twenty something.
Could'you tell us what the comparables were that you took into
consideration?
Mr T.ic1'flplli
,.7
Mh.CAHhOLL:..If I may intervppt~
~
if I understand the comparables are the period of
"
time in June of '71~is that correct?
MR.SIMMONS:,They 3;re c'omparabl~
."
,stated he does not have dates and he does not know
sales that occurred in and around this ·time~similar
The ,issue here is June of 1971.The question is
Put the comparableE
I believe the witnes.
Not subsequent.
If Your Honor pleas ~
MR CARROLL'....-.
MR.SIMMONS:
MR.CABROLL:
..
I object to this questioning.
that are prior to or around the time of Junel 1971 .
whether or not there was a reasonable value for th s,,
to.thatl I don't believ~that's relevant to these pro
type property.
MH.CABROLL:
',··property.Now if this happened sometime subsequent
I don'(have them marked on here~but 1 have---I got it out of my
Do you have the dates of these c'omparabl,es?
comparable sheet..
e
~z«>.I>-UlZz QIII.D.
i
0 A~ClZ
:t
Ul«~
r=u
ii:~Ul
0
.I~
U
0
:J.":II-....til
iiiII:III~II:0D.III11:.
~II::J
00
.JiCCUii:...0
e
ceedings.
THE COURT:We would only cons del'
comparables at or about that time~prior to that time.
Q He has two there pdor to that timel so would you give the two prior
1\Ifp TiI1np11 i 8
to that time,sir.
..
A I have one that's real recent.If you don't want ,me to---
.
Q Go back to at or around '71,la~t ye"ar.
MR.CARhOLL:June of 171 or prior there o.
A The address 814 Chess Street,Monongahela,two and a half story
A A Pauline Beedle to Eugene Turney,811 Howard Street,Monongahel ,
Q Just a minute.Let me get my question out and then you make the'
two and a half story frame,used as a two family,sold for $9,000.
.'
Your H6nor----MR.CA hhOLL:
Q .Do you ha~e an idea as to the opinion ----:--
objection.I think that's the proper procedure.I?o you have an opinic n
as of what the value of this property was as of June;1971?
frame,used as a two-family.
Q ,Did you actually inspect the premises here in question?
A Yes.
Q Could you give us another one that was a comparable?
A It sold for $8,000.00.
Q What was the price on that?
Q What was that for?
A A sale from Carl E.Gibson to J.Sarnosky.
Q That's what he's going to do.e
~z«>oJ>-tilZ
ZIIIII.
i0I-eI
ZXtil·«~
..=u
it!I-til
CeoJ«
(;
c::I.,
J:......N
!IiItIII.I-a:'0II.
IIIa:
I-a:
::I0U
oJ«(;
ii:IL0
e
MR.CAhhOLL:If Your Honor please,
I again---Mr.Simmons has not qualified when he ma~e
this examination of the property.
Mr:Liflnelli 9
MR.SIM1,VIONS:T~le man says'he IS known
the property for three or fou,r years ..
MR.CARROLL:He also has not given the
...~
dates of those sales that he's referring to.I don1t khoW
"
whether ttrey occurred on or about June or prior to Ju~e.
1970.-,
Ward.Where is the sale in question?
as of June1 197 1 ?
First Ward and the oth~r is.in the Third Ward.There IS
these sales are'made.I ,understand the o'ne is in the
They are both in the Thi d
.'What is important.where".
.,....
MR •.BENEDICT:
M~.BENEDICt:
a difference in the sales p~ice of thos e particular war~s.
A Yes.I do ..
Q And what.is your opinion to what the value of this property is?,..
A First.Ward on Main Street.
Q Do you have an opinion now as to what the ~alue is of this property
A These two sales I just n~med?
~z«>..I>-Ul.z-
Z11/0-
i0l-e)z%Ul«~
..:0
it1-.Ul
Qe..IǤ
Q:l.,
x......til
iiia:
11/I-a:0D.11/'a:
I-a::l00,
..I«.i3ii:II.0
A In my opinion the.value is in the neighborhood of $8500.00.
Q Your witness.
----------------
,.:
",
ChOSS EXAMINATION BY MR.B~NEDICT:.-,~..-"
10
Q Mr.Lignelli,the Executrix,Lalah here,,put--this for sale in your
hands;didn't she come to your office?
A Onetime.
THE COURT:",What is the name of the
was on or near this property.I don't know ~xac,bly when tha twas.
you wouldn't touch it with a ten,foot pole?'
anything.I think either her or you talk,ed to me about,you know,
Her hpsband one time came into my office,her husband did.And me
-"
Yes,did ,she come to you
selling this,property",either 'one of you ..I think I talked toyou in you
contract and have it exclusively ourselves.We never did enter into
No.When we take a property for sale,we want to have it under a
Didn't she put this in your hands for sale and didn't you say to her
office to ar.range,for the sale of this property?
and him Il:dxiOve him up to this'property:It's the first time that I,~
THE COURT:
Executrix ?,
,Lalah Reynard.
~z
cl:>AoJ>-UI
Z
ZIIIn.
i
0..I!lZ
J:UI A«~
..=u
0:..!!!QeoJǤ
Q Q::I...
:I:l-t-N
ui0:III A..0:0'..III0:..0:::I'0U
oJ«ij
jL.
IL0
office.Whether she.actually came over to my Qffice and talked about
it---
Q Well,if she says she came over,would you agree she carrie over?
A Yeah,sure.
Q At that time,you wouldn't even put up a sign for the property.You new
the property.
1\Ifr T,;crnelli 11
..
Yes.
exclusively.
Wasn It it $5,000 .OO?
.We object to Mr.Benedic
tes tifying.
MR.SIMMONS:
I asked.him if I didn't say tlRt.
That's true.But she had already been there.But now another thingl
You see,a lot of times that hp;ppens.You can recall also that there s
me to sell and 'try to'get rid ofl and I say,"Joel tell Mellon Bank to
give it tome under a"contra'et."
a property in Monongahela now owned by Mellon Bank tha t you have tpld
......
I asked you to--I called you~bout this prope rty and asked you to get
rid of it.Didn't you say you were doing the best you can ~ith it?
How long did you have it in .yourhands for sale?
I never had it actually for'sale.That's what I'm saying.We don't 'ta1e
It could have been in that n~ighborhood.
NO I I don't recalL She was in some sort of.hurry t.o sell it.
anything and go putting s.igns on people's property unless we have it
Do you know what amount she gave you to sell it for?
.'
A
Q
A
Q
e A
~Q
z
0(>A.I>-UI
Z
ZIIIII.
i
0l-I'Zi
UI Q0(
~
..,:
~0:I-UI
0e.I0(
Q
c:J.,
:J:.."QN
iiiII:III AI-0:0LIII0:
I-0::J.
0U
.I0(
ij.
ii:IL0
Q
about your comparative values,this particular property is in the Fi st
~ardl isn't it.?You will admit that the properties in the First Ward
are less value than the properties in the Third Ward.1Aren't the
most valuable pr?perti~s in.'the Third Ward of the City of MonongahEla?
These two'comparable sales,Gibson and on the other on Howard St eetl
Mr.Li nelli 12
theyaJ;e in the Third Ward,of the.:CitY.o,f ~~nqhgahela~
A
,.
They are comparabl~.type of properties.Gibson's property,althoug
,~t was in the '!hird ~ard,was a pretty run-down property.
"
It's near a church.
it.
commerCial value to it too.It's on Main"Street.
".
;','...'
,:~..,.~.....,..
you know that?
I didn't get that question.
(Stenogr8;pher reads back the las't question).
No,Ididn't know that.
If you knew that,would you,still say that if the code enforcement
officer had said the sinks in th~kitchen need a new trap---
••-f.
Now did'you know that the code enforcement officer had sent letters
They are in different wards,:but this is a commercial,has some
is near a ,church too.""
I know what you mean.
I know why it was sold to hini.~riYway,they.are in different wards.
'l..""
It so ~a~peD:s'thatthis orie,~"\.the"people',I know th~people'th~'t bought....-".
It depends on what church you go to.'The one up on EastM~in Street
to the I:eynafd Estate:and to the occupants of tl~ose premises that
they were uninhabita.ble,that.certain repairs"had to be done?Did
,.
Q
e A
:!!:z«Q>oJ>-IIIZZIIIII.
i0 AI-IIIZiIII Q«~
.,:.AuitI-!!!,0eoJǤ'Q0:J.,
:rt::til
cii0:IIII-0:0LIII0:
I-0::J0 Au
oJc(
ij
ii:II.0
A
Q
MR.SIMMONS:We object to-this.We"d
'like to se~---we're s peculating on what a code enforc
ment officer said.That's not proper before the Court
-------..-H----.,.----------'-J1\NJ.,,/T,.!--l"_T.....J.1i·O'::jJ-Lnl\p;;;.J.l1u.iJ-·--1-1.3.,
MIt'.BENEDICT:.:'. 1
1m asking him a hypothet'cal
"
.-question,·which is based on.facts.
MR.SIMMONS:Your Honor,you have to
bring the facts into Court first,then bring the hypothEtical
on the facts.
THE COURT:That's generally the proc dure.
But we will~permit the questibnl her e with the assump ion
'''...
that you ~re going to show by proper evidence tha t the ....e
is such a demand or o~der by .the 'enforcement officer
If,of course,if,'that is no.t followed up,that procedurp,
it wouldn't carry very much weight.
•.•0;
If the code enforcement'officers were t.o have said to do this,would
..tha t create a different situation,on the sale of the property?
MR.SIMMONS:We object to this testimory
because there's nothing in the letter from the code en
forcement officer that says that the premises would h ve
to be vacated.
MR.BENEDICT:
MR.SIMMONS:,
I didn't say that.
Or that it couldn't be used
I think that's what the question is about.
..
MR.BENEDICT:
MR.SIMMONS:
Uninhabitable.
Ther~'s nothing in here
that says uninhabitable..I'll invite the attention of
the Court to this letter.It does nIt say that at all.
~,.'..
Mr.1 ig-nelli 14
MR.BENEDICT:,Do you w<;lnt to introduce he
:.,*
evidence as yours or my record?.
MR.SIMMONS:.Itls yours.It doesnlt say
w hat'you contend it purports to say,
ordinance not to do so .
A Did I what?
the notice do es not describe the prope rty as uninhabit ble.
But ·itdoes give a30 day notice to make the retiluested
.
There's nothing in here tt at
.,
The Court recognizes tha
Give it to the Court.
MR.SIMMONS:
MR.BENEDICT:
THECqURT:
'.
repairs.and changes and,that it is in violation of a cit:)
all relevant",times.
of f~ctl the place always has beenhabitable'at all tim "S J
·indicates that the pla'ce w'as uninl1aqitable.As a matt r,.
property?
appraisal?
A Yes.
Q Did you examine this property at one time when you made your
Q one of the things that is mentioned in this is - --did you examine the
~z
c(>..J>-1IlZ
Z
III
Do
i0l-e>zi
UIc(
~
..:uii:l-UI
Ce..Jc(
U
C:l.,
I:......til
uiIEIIIl-0::
00.III0::
l-0:::l0U
..Jc(
U
ii:IL0
e.
Q Did you notice the roof?
A Yes.
Q Did you know the roof is leaking?
A No.
Mr T,iO'nplli '
Q Do you know it w~s leaking at the time <?f .this agreement?
A No.
Q Did you know t~e furnace needed repairs?
15
.A It what?
Q The furnace needed repa'irs.
...'
A:!z~.J Q>-UIZ~A,Do
i~Qz
iUIc(
3:
No,I didn1t know that.
Did you notice that the gutters and d9w~~pouts needed repairs?
That is obvious there.'You can see that.
.
Did you see the electric ceiling fixtures?Did you notice they need
repairs?.."
Did you notice the tV(o space heafers are not vented?
Did you notice the paneling in the kitchen needed repa.ired?
a nsw er the,question so that the girl can get ~t on the
~2 A
0::I-UI
~Q
c(
lic::J..,
J:6 Q
uiItIIII-0::oDoIII"0::
I-0::::JoU
.Jc(li '
ii:QII.o
A
Yes.
MR.CAhROLL:
He's shaking his head.
MH.CARhOLL:
record.
'Xes.
Are you answering thes e?
He better be instructed to
Q
A
Q
A
Q
And did you take that alll into consideratio,n?
Yes.
You still say itwas worth $8,000 or :rJ?ore ?
$8500.00.
But when Mrs.Reynard came to see you,she placed it in -your hand~
Mr.Lignelli
at $5,000 and you couldn,'t sell it for th~:.
16
MR.SIMMONS:We object to that,Your
Honor.He said he never had .the property.
Q That's my question.Well;.all right..I will ,:"ithdraw the question.
Now this notice was dated July 27,1970:the date of this notice that.~"",'
~z<>AoJ>-mzzIIIII.
i
0~Cl·z
:t:m<;t
..=!:!
II:~'.m
0eoJ~
U
0::l..,
:1:.'.."01
uiII:III~II:0II.
III QII:
~II:::l0
U
oJ<U
ILIL0
she got fr~m the cod~enforcement"officer.
Well,'as far as the code enforcement officer,Joe,I would say this:
every month I thi~y?U will see in the paper the code enforcement
i.
officer publishes a listth,at he inspectsand~omeof the things he
finds.And if you k~ep account of that maybe 25%of the homes in.....
Monongahela need something done to them.But I might also add~
when we collect rent in apartment buildings we received a letter
from a code enforcement'officer on one of those letterheads in the
paper,,complaining about our tenants parking on someone else's
property.
Would y?U sell a piece of property or attempt to sell a piece of propl rty
t:&1at had this·code enforcemEmt officer's notlce 'on it?You as~re.al
estate brqker,would you sell a piece of property with this condition
on it?
A Almost every property----
'.
Q Answer my question.
A Yes,I'd sell it because the price reflects those things.You're not
going to---
Q Would you tell-----
17
MR.SIMMONS:t.We obje~t.Let him finish
"please,sir.
"-'~,~
Q Go ahead.Anything else you have .to say?
A I'm trying to explain the pricereflectsoit'.We arenot asking sorneon..-.'..
to pay fifteen or ,twenty thousand dollars.for this property.
,.
is $8500.00 ..
.Would you tell your prospective buyer that?·
A,bsolutely.That IS'what I'm saying.It would reflect.Thatls why
Ldon1t think that letter is 'statin~th3;t that house is re~dy ~o fall In.
We obj ect to.the attorney
..,
"'
argupngg with the witness.
Well,'it tells'you ~uite a bit the:re.-
"MR.SIMMONS:
..
There'ls some things that n~ed done,'sure.
..~
Absolutely;if I kn~w that let~er'was there,.sure.
:''':c !
-'...~:!,'-•"'.,..~."":-:
Wouldn1t thatreflect on the'pric'eot this'property?.
-,...~~:a '..';..t.\of.~.'"
,.
You are not using that reflection when you say the price of the 'prope ty
,.
Would you tell that particular perso'rithat is going to buy that within'...''"-...~,.
30 'days unless thes~;thing§l are 'gone,so~ethingls~goingto b~done?
it's $8500.00"
.=
U A,~
1Il
Q
.J«U
g Q
..",
:1:'t:-1'1'
uill:
I!!A0:oa.
o ~Q
I-0:::loU
...I«U~.
o "
,A
Q
:!z~...I>-1IlZ
ZIII'a.
ie AClzi~Q3'
Q There was a lot'that had to be done at this particular property,a
whole lot,and you know it too.'
,MR.SIMMONS:We object to the atto'rney
.
argujmJg4 w.it~the witness...
"
Q I'm not arguing.Pm telling facts:
Mr T,ip'nelli .18
ChOSS EXAMINATION B~Mh.CARROLL:
'"
Q You were using some sort of notes there,Mr:'Lignelli.Could I
see them piease?
A I was looking at the comparable sales.
A We belong to the multi-list.And wheneve,r a sale'is made we get
Q .Did you abstract the record yourself to obtain.thissale?
A I'm just telling you,it's around that date.I don't have the exact date
Q The pages a-ren1t numbered.but there aTe three sheets of papersyou'
f •When did that sale occur?
,,,,,..
hav~here and the 'third page indicates the compara.ble sJales.You h ~ve
••r.,• "
or I'd have gave it toyou.
us ed'one of the,sales as I und~rs tand it,Gib~<?n to Sarnosky.This is
,..~
a sale w:hich occurred ~t 814 Chess"Street,Monongahela.
Q
A Yes.
e
~z«>-I>-III
Z
Z
IIIDo
i0I-"Z
:z:Ul«~
..=u
0::I-III.iie-I«ij
C;:J.,
:r......til
ui0::IIII-0:0LIII •
0::QI-0::;:J0 Au
-I«ij
ii:QII.0
Ae'Q
A
.a copy of this sale and the \i'iai<l:J::'¥e and considera't ion.
Is'that wh8;t you were using?,
Yes.
You do not know presently what 'that date was?
Not right off;not the exact date,but I would say if's around that timt .
Around what time?
In June of '71.This'is the only one.The one I didn't use,this is the
current sale.
Q But then y<;>u used another sheet of paper or some information from
·a sale through the multi-list and this is a copy of that record.
1\11'1"T.;ITno11 ;19
.A No,that's not it.It's information 1 took fro:ql it.It's not a copy of it.
:..
Q It's a limited'amoi.mt of informatfonfrom the record.
A Yes.
Q From the multi-list.
'YA .es.
,.
particular period of;time.'
But you do not know the date of the sale.You're guessing as to the..
"-I'm not gue~sing.I'd be willing 'to pet it happened in 1971.I'll say
I wouldn't want to guess at the exact
•wt"
date.
that.I'm not guessing at th9-t.._.
~Q
z«>oJ>-(l)zz~A
ioI-CIZ
X(l)«~
..=u Qll:I-(l)
e ~A~uii:J.,
:II-"N Q
uill:IIII-All:0B.IIIll:Ql-ll::J0u AoJ«UiL QIi.0
e A
Then the next property you l;]sed,a Mellinger to Schock...
No.I used this one here.ThIS is the one I didn't use because it's a
,.current one.
This was a Beedle to a Turney on 811 Boward Street.
Yes.
You have no date in here for the sale.
That's right ..
You do not know the date but you're recollecting that it occurred
at or about the same time.
Yes.In fa~t,I didn't know)didn't put ,the dates on until I opened l~
,.
up later.I thought for sure I had the dates.
Q The dates are available but you did not put them in.
A Not intentionally.That's one of the things---you can get itfrom the
hecorder's Office.
l\/fr T,;O'np11 i <)(\.--...,..---'---H -.J.I'~.-J-'_'_O_U&i.Ju.L---------.....------__1~-U..--
,,
Q Now on the second she,et of your property here,you indicate thaf
your certification was made with,a limited amount of information
and the market value approach,which I assume you used here in
giving the value was ~.ased on comparabie sales only.
A "No.I th~nk you're turning the.issue a little'bit.When I say based,.."•.,
A
.Q':!z~A>-UIZZIIIll.
ZoI-elZ
i:UI0(~
..=~Q
I-UI
D
..J0(
,§
D:l.,
:&~C\I
iiiII:~AII:oa.III
II:Q
l-II::l8 A
..J,0(
U~Qo
Bight.
I ~,
~o are Y,ou indicating there ~hat you did not examine the prope rty?
,"...
No,I didn'LWhat Pm indicating is this:that I don't have,the incomE
"on thip property and the expens e accou'nt for this property to work
out an income approach which could even bring the value even up
higher,even aft'er doing these necessary repairs.
You do not state in your certification that youdid it based on an
examination of the premises.You state in there that you based it
,.
on a limited amount of information in comparable sales only.Is
that the way you arrive at the value?
That's how you arrive at the market value.
That's what you are giving here today?
Yes .
Not based on an examination of the pro perty,but based on the
comparable sales.Is that correct?
on comparables,the homes I'used are comparable to the homes that
are being appraised here.
Q That is the basis you are using.
A Yes.
;
•Q That's the only basis'you ~re using.Isn't this what this says?
,,
A ,Right.
Q Now on the first page,you have dated.a certifi~ation to Mr.Paul
21
<z''0(.>A..I>-enzzIII QII.
i
0I-'ACIzienQ0(
~
..=uii!I-!!!c A..I0(
§c Q:::l...
:t..."AN
iii
Il:III Q'l-ll:0L'11IIl:
l-ll::::l0u A..I•0(
0ii:QIL0
AeQ
A
Q
A
Q
Simmons on March 20,'72:And you state you have made an ins pect'on
on March 20,'72 for th'e purpose of establishing market value of the
subject property.And you'stated it is $8500.00.And you signed thati
Yes •
That is your ~ignature there?
Yes.
NoW.'then,yourapia9ingiotYthe value is based as of March 20,'721
is it not?
Yes .
.You do not then have any opinion as to the value in June of 1971.
I gave you the same opinion.
In other wordsl the property was worth.the same amount in June of
'71 as it is today,
Yes .
'.
Between June of '71 and foday,have you,examined the property?
Between June of '71 and today?
Yes.Haveyou examined the.property?
Not a thoroughly room f01r'rOOm examination.
Have you been.in the-house since June of 1971?
Yes.
When was that?
"
Mr.Li nelli 22
(.·"MR.SIMMONS:·;Mr.,Carr~'il~,w'ill you sto
,,'
.•t'
running'bac~and-~forth?I can't hear .for you running b ck
•-...;.'..~.4o.,
and forth.
.Q You sit~Paul,and I'il walk,
,',
'.MR.SIMMONS:Please~I'll ask the Court
..,..-.~I don't k~?w who.Jus~like Isaid~I went into the side porch there a d
,tjust took a pictu~e of it.
.jim aski:ng you.~f'y~~examined the interior of.the home since June
Around the 20th Of March.
He's answered.He saidMR~SIMMONS:
;.
and Lcanlthear.
ye?~he did.'
.will'you please stand and stop walking?It's disturbi
..
Wno was in the homevyhen'you went there?
You went'inthe hom~e?
·,Yes .
,.of 1971..
~zc(>..I.
')0
III 'z~.Aa..
z~QClz
i
III-<~
~0:l-III
a
..Ic(
2g Q..,
:t5 A
iii0:~Q0:oII.~A....
0:::J8 Q...c(
Uii:AII.o
.Q
'r~._"~.,c
I·looked.No qne actually left me in.;rlooked around the property.
The outside of the property or the'inside?
>,:.-.
A .1 looked in a couple windows.
Q You have never been in the property?
A I was in the property when thi's mOan;who evidently'has passed a.way~
brought me to this property for the purpose of trying to s ~ll it.In
Q
A
Q~z«~A>-til
Z
Z
IIIII.
Zo~Qzi:
til«~
l\iT Y'T.;rrn~11;
fact1 l"cah'~recall what,he w:as talKing about at that time.I thought
~-11
he was in the--..:r don't know1 'he might hav~been in the 13th,14th or
"
15th.ldon't know.
When was that?
.-
I don't know.
,You don't have any recollection as to a date?
,.
I do knpw he came in the office then he came back and learned him
in mycar up to this property.
The question1 Mr:.Lignelli,that I have asked,is since June of 1971
have you been in the property,inside physically inside the rooms?
23
..=
U A
0::I-til
~Q«
'2c:J<..,
J:l-t-(II
vi.a:~A0::oII.11/
0::Q
I-0:::J.ouA.
oJ«U~Qo
A·
N.I'd say no.The way you're putting it,no.
You are saYing fo us1 are you not1 that some'time this last week
-you went and examined the exterio~of the property and you looked
in the hous e.
Yes.
Now prior to June of '71,had you exam ined the interior of the home
.r was 'in the firs t floor portion ~f it with this man that owned t~e pro!erty.
po you know when that was?.
,,
I don't even know how long he's been deceased.
"
Q Would that have peen before June of.171 ?
A Yes .
. Q Woul~.that haye been in 19J1?
A I don't know.
Q Would it have been in 1970?
Mr.Lignelli 24
A I don't know.I think probably th~widow could probably answer that
better than me.
Q You do not know?
A No.
Q Some time before Jurie of 19711 but you don't remember when.
You are s<;l-ying'to us that you went inside the premises once .
Do I know 'thatthere was problems and repairs to be made?Sure.
Do y?U know in June of 1971 or prior theretol whether or not there
.'
not the~e were repairs to be made to the p,remises ?
Yes.
No,I don't know.
Dol know,---would you ~epeat that?
Do you know,"at or about June of '7(or prior theretol whether or
repairs need £nade.The house isn't kept up to its fullest.
were certain repairs to be made?
"-This type 'of a house,from the exteriorl you can tell there are some
or exterior?
Do you kr:t0w at or abo~t June of 1971 whether or not there were prob ems
.with the property hI the <nature of repairs to be rriadel either interior
Q
::!:z<>.J,~
z~Aa.
zoI-el
Z
i~C13:
..:Q!:!ll:I-m
o
.J
::!:og A-..,
:I~Q
ui
II:IIIl-ll:oa.~A
l-ll:
'8 Q
.J<
U Aii:IL.o,"
A That's right.
Q You are also saying to us that your appraisal value of the property t day
is based on two comparable sales.
A Three.You're o~ly allowing me to use two.
Q Is that correctl only the two?
1\tr-r T .irrnolli
A Yes .
.-...
Q'You have not '.examined the property other than to look at the outside
.,and look into some of the ground floor wirldows.
A Yes.
25
Q That -wa's rec ently ?
A Yes.'..,
Q 'That was not at or about June of 171 ?
"
A Yes.'
Q I think Mr.Benedict "asked y:o~about some di!ferentiation of values ( f
property between the First Ward in Monongahela and the Third Ware.
'lhere is a differentiation in value.is there not?
A In 'res identi~l v'alues.y~s.'.'•
Q And this is a residential property being used as a res idence.
A It's used as a residential but it's in a commercial location.It could
be used·as commercial too.,.
Q And thecomparables you have are residential properties?
A Yes.I tried to ,get si:qIilar type .properties .
Q But they are located in a different ward which you admit would have
greater value for residence purposes.
A Don1tmisunderstand me.There's areas of the Third Ward that he
brought out that would not compare with the First Ward.I think
every city has that.And I think Joe lives in Monongahela,he knows
a lot of parts of the ':third Ward that'he wouldn't'live in.
Q But your value that you are giving us is based on your recent knowlE dge,
Mr T .irrn<:>lli
..'
t •which wou,ldbe in M~.rch of this year.
26
A Yes.
Not on your knowledge as to the pr~perty in June of '71 or prior th'ereto .."
A I'd say my knowledge as of June of '71.Now that property wouldn't
no .
to the pres ent date?
A That's right.
across'the country there's aJ1 increase.But if you went to Florida
,.June of '71 to now.
A I'd say in the new home market,yes.But in the older-type homes~
estate values automatically went up.That's the way you made it sourd.
where the space industry went out~I don't think you'll find it.
in the approximate two years from June of '71 to---or one year~
,..
'chang~that m~9h in value from that period of time.
A .I don't think you can say that·for everyplace.There's generally
<~~j
Q And you indicated this property was not listed with you.
Q You do recognize that there has been an,incre,ase in real estate pricEs
Q Have the real estate values increasedin Monongahela since June of '71
..
Q 'Pm not talking abouLFlorida.I'm talking about Mon.ongahela.
A You made the statement--you asked mea question If I knew real
•
:!:z
<I:>..J>-IIIZ
Z
IIIQ.
i0l-ez
:J:
III<I:~
..=
\J
.11:I-III
Qe..J<I:0
Q
:J"l
.:1:......til
en
II:IIIl-ll:'0Q.
IIIIl:
l-ll::J0\J
..J:!:
\J
ii:...
0
e
Q But you did khow of it?
A .Yes.I would say that if she said she came to me and said that,yes.
But we never had it listed or else it would have been on the multi-lisl~'
Q You never tried to sell it?
l\Ifr T,i~nplli 27
A No.
Q And you are here to~ay testifying not as a broker but as'an appraiser
as I understand it.Is that correct?
in this particular proceeding and ask you to read that.
(St.ellographer marks'hespondent's E-xhibits "A",and "B").
I will show you what has been marked Res pondent's Exhibit "A"
..-,'
Let them in for what they are worth.Technically,I
Let them go in,Your Hor or,
We don't have any objecti Dn.
If we have a receiver it
Your Honor,Ireally don'
It would show who receivf dMh.BENEDICT:
MR.SIMMONS:
'.MR.SIMMONS:
MR.BEN EDICT:
.•MR.SIMMONS:
that's all right.
them.
Roule beipg heTe:He's the fellow who wrote these up.
can show.
"Mr.Benedict can get these into evidence without Mr.
have 'any objection to these exhibits,but I'-can't see hew
,don I t think it can be put in.
"
Right.A
e
~z
4;>oJ>-Ul
Z
Z
IiJ
D.
i0I-elZ
:J:
Ul4;
~
..=u
itI-~0eoJ4;
§
0
:l..,
x.."\II
oja::
IIII-a::
0D.IIIIl:
l-ll::l
0U
oJ4;
Uk:11.0
Qe
A From the beginning here?
Q Just read it to yours elf so you know what the contents of it are.
("'~Now the Exhibit I!A"which you have ju st read,is a notice from the
code enforcement officer relative to this property which you have
1\iTY'T ;'UJ,0t;;.,J"jli11.J,;·__........~~...2;,.J8~
'"
aRpraised,.is,'~~a t correct?
A .'
Q And it indicates that certain repairs for maintenance is necessary
to be made on that property,,is that correct?
Yes.
No.
Yes .
No.
Your Honor,I'd like theMR.SIlyrMONS:
enforcement officer,July ~f '70,''affecting this property?
record to show that this letter "B"speaks of the sam
repairs as are in "A".~t's accumulative;the same
read that to yours elf.Is this not also another letter from the code
And you did'not'take those into account in arriving ~t a value.
And this letter is,dated in July of 1970,is that correct?
So you do not'kno,w w,hether'any of these items mentioned in the lette r
.Is t?~S not the ,first time today that yo,u knew of this particular letter?
Now I show 'you Respondentis Exhibit "B"and ask you if you would
,This is the first tim.e.
.have been repaired or maintained or anythir:tg,do you?
e A
:!i Q
z«>AoJ>-(I)
2:
Z QIIIII.
i
0I-A~z'x'(I)Q«~
.,:u~I-(I)
0 AeoJǤ
Q Q:J...
:I:
/::.A(II
uia:III Ql-ll:0Do
IIIll:
l-ll::J0U
oJ .«i3ii:...q
e
identical repairs.There's no repairs,having to do
with cleaning up the place is not repairs.
THE COURT:We will note that.
Q You,were not aware of this letter either when you made your apprai al?
Mr.Lignelli
A .No.
29
,MR.SIMMONS:We object to this letter,
.Your Honor.It's accumulative.'fhey talk about the same
downs pouts in that letter as they talk about in this lett"r
and there's no other repairs talked about in that letter.
MR.;BENEDICT:
the letter.
There's no difference in
Mr.Lignelll,_you"have examined this house.Is it one family or two.
famlly'house?
~t's three;only two occupy,but it could be used as a three-family.
Was it a three-family hous,e in June of 1971 ?'
It still~was a three-family house;whether three families occupied it,
I don't know.
And these letters or items from the code enforcement officer are
addressed to two different people,are they not?
Yes.
One,Exhibit "A"is addressed to a Mr.and Mrs.Courtney.
Yes.
A nd the other one,'Exhibit "B"is addres sed to a Mr.and Mrs.
Arthur Fines.'
Yes.
So that these would affect two different portions of the property.
Is that not correct?
Mh.SIMMONS:We object,Your Honor.
I Mr.Lignelli 30
The,downspouts are on the outside of the property
and it mentions downs pouts in both letters.
THE COUnT:The objection is sustained.
Q Would the items whiCh are necessary to be made in terms of repairs
A No.
Q Yes.
A 'By knowing about thes e?
A Would that make a:difference in this value that I appraised it?No,
property was in need of repair too.
ietters Carl ,Gibs~n received f[Jom the code enfor(::ement officer,-he
to you as to your opinion as'to value?-.]
'mi,ght have received that many,or more.I don't know.Because that
not make a difference in your opinion.
.say the one that Carl Gibson sold to Sarnosky,I don't know how mar y
..
,.it w'ou ldn't,',beiause ,for one of these comparables you would have to
_or:maintenance her~,now tbaEtt you know about them,make a difference
Q An?your 'opinion as of March,'72 would be the same for June,"71?
Q So you are saying,in effect,that thes e items mentioned here would
"
e
~·z<C>.I>-UIZ
ZIIIII.
i
0l-t'ZXUI<C~
.,:~0::I-UI
Pe.I<C§c
:).,
:I:l-I'-III
ui0::IIII-0::0II.III0::
I-0:::)
0U
.I<CUii:...0
A Yes.
Q I have no furthElr qu~stions.
"
-£
Mr.LiQ"nelli 31
hEDIRECT EXAMINATION BY Mh.SIMMONS:
..
Q 'Mr'.LignelliJ looking at Exhibit "A"J would you say that the repairs
there concerning two space heaters needed to be ventedJ a s ink in th e
.,.
kitchen requiring a trap,electric ceiling fixtures needed repairsJ
would you say they were substantial repairs or insubstantial repairs ~.
Minor re pairs.
. ?repairs ..
That',s.right.
You would say these are minor repairs?
The objection is overrule d.
.If Your Honor please,
THE COURT:
MR.CAtiROLL:
Werrecognize that as matters of common knowledge.
I object to the questioning on the basis that the man is
not qualified to answer that.
Do !think-~-d61 consider.these major?Is that what you're asking?
-Wou~d you term these substantial -type repairs or insubstantial-typp
Were they substaritial?
No.
A::!:z~Q>-UI
Z
Z
III
II.
ig AClz'x..~Q'
~
~A
Il:I-UI
o
oJ«Uii::l.,
:I:/:;
\II
viIl:IIIl-ll:oLIIIII::
l-ll:::l
8 Q
oJ«U~Ao
Q That's all.
MR.BENEDICT:Woul~you consider repairing the roof a minor repair?
MR.SIMMONS:W~object,YOl}r Ho~or,because roof is,not on this
statement.It said downspouts,but not the roof.
MR.BENEDICT:Downspouts and the roofing.
MR.SIMMONS:Itdoesn't say that,Your Honor.I invite Your Honor .'.
Mr.Li~melli'
to look a·t'it.,It says gutt,ers and downs pouts.There's nothing about
32
roofing'or something.But evidently people were living in it.
Not the way you put it,Joe.You said repairing a roof.
repair job?
e.
roof.
MR.BENEDICT:
MR.SIMMONS:
:MR.BE NEDICT:~z<>..I>-UlZ
.~A
IL
z~MR.~ENEDICT:
z
i.~MR.SIMMONS:
5:'
"
There's one that mentions roofing.
There's roofing on one of them.I guess it does say
Wouldn't you say that repairing a roof would be a maj Dr
You said tha
But':"--
We object,Mr.Benedict.Le't him finish please.
you say ·that was a major operation?
you can put a new roof.When you say repair a roof---
You can repair a roo~by putting two or three shingles on it or
e'-
..=!:!A..~
!!!c
..t<og.MR...,
:I~
(II
BENEDI~T:Well,where the downspouts,are in trouble,wouldn't
Ul0::5 A Not in today's construction field.They tear them down,put thes e.
o
·ILIII
0::aluminum gutters.:t-o::'::l
8 MR.BENEDICT:How much do you think it wouid cost.to repair a roof:
..I<o .~This particular house,sinc'e you .have seen'it and everything,.what
o
do you think it wou ld cos t ?
A To put the gutters and downspouts?
MR.BENEDICT:And to repair the roof to keep it from leaking.
A I'm not a roof D:'lan..You can put tar on a roof and keep it from leaki g.
.
The gutters and downspouts for this type of house,I don't think it
would run over five or six hundred dollars.
Mr.Lignelli
"
33
,MR.BENEDICT:
MR.SIMMONS:',,'
,WeH~we have other evidence to that.
We object to that~Mr.Benedict.
So that 's ali.
.THE COURT:
J.~,..,
It's a side remark that wasn't meant for the record:
.'
:hECROSS'EXAMINATION,BY MR ~CARROLL:..~z~" Q ,"There is a mention of gutters and downp'outs in both exhibits "A"
')0UlZz and "B"is there not?III ,n.
i0I-"Z
XUlct;:l:
..=~
0:I-!!.!aeoJctU
a:J.,
:tI-....(II
uiII::IIII-0:0n.III0:
I-0::J0U
oJ0(
Uii:II.0
e..J
A Yes.
QA And there is a mention in Exhibit "A"of the roofing.
A Just mentions roofing.
Q ,But'it dO,esn.'t'indic,ate'the extent of·the repair...~.
A No.
Q And you are not familiar with it to be able to give us an opinion as
to value as to whether or not that is substantial1§)r'insubstantial?
A Right.I cantt--if I had seen the damage I wouldn't be able to put
an estimat~on the cost of the repairs.
,"-Q You did not take this into account when you made your appraisal?
. A No.
Q Because you weren't aware of this.,
A No.
Mh.SltMMONS:
A Yes.'
MR.'SIMMONS:
But you were aware of the downspouts and the gutters?
•~-.if
So the only thing you ,did not take into consideration
Mr.Li2'nelli
wasmayb~some Maktin the roof and these items on the inside'that
were mentioned such 'as the space heaters n-eeded ventsl sink trap
.and electric ceiling.fixtures.Thos e are the only things you didnIt kn Dw
about.
A Yes.
34
Yes.
.MR.CARROLL:
MR.SIMMONS:'
:':!z«~A>-UI
ZZIIIII.
And you said they were insubstantial or minor.
-No further questions.Thank you.
DIRECT ExAMiNATION BY MR.SIMMONS:
RUTH ANN REYNARD GREEDANIS CALLED AND SWORN.
i0"I-ClziUI~
§
Itl-UI
o
.J«U
o:J.,
:t..ti Q
:'(Witnes's excus ed).
.-
Wi.ll you state your name please?
oiIt~A RuthAnn Reynard Greedan.
ItoII.~Q And what manner are you related to Robert E.Reynard'?
l-It:J8'A Ne was my father .
.J«Uii:Q Do you have any other brothers and sisters besides yourself?
II.o
A Not living.
Q You are the only child s urviving ?
A Yes.
'Q And is Mrs.Lalah Reynard in any way re,lated to you?
A Stepmother.
Q And other than Mrs.Reynardl you are the only interested party in
.---------_._-
Mrs.r.reedan 35
this estat el is that correct?
A That's right.
,MR.BENEDICT:For the record,Oliver
Reynard has children.
for me.
was made?
A No.
what you think the value is as of June,1971?
Now did you have any notice of this sale?Were you notifried this
Yes.
He.has died,is that correct?
sale was transpirigg between Mrs •.Reynard and Mrs.Courtney?.
My brother's four children,yes.
Yes.They:come in on his sharel I would imagine.
.Excuse me.Your brother's four children.
A Wh'en I asked you to come into the Court House and check into it
Q As an.interested party in this'real estate,do you have an opinion as to
Q And when did you first become knowledgeable as to the fact this sale
A
Q
A
,Q
A
.
Q~z<>..I.>1IlZZ
III0..
i0l-e!z
:t1Il«3:
.:!:!ll:1-'1Il
0e..I,<
U
·0::l..,
:rI-"N
uiItIIIl-ll:00..IIIll:
l-ll:::l0U
..I<i3ii:...
0
MR.CARROLL:If Your Honor please,I
don't believe she is qualified to do'this .
.MR.SIMMONS:As an 'interes ted party sh
is qualified,Your Honor.
MR.BENEDICT:She has an interes t in the
real es~ate but I don't think that is sufficient.
,
Mrs.Greedan
THE COURT:It qualifies the individual
36
e
~z«>...I>-tilZZIIIn.
Z
0t-elZ
:ttil Q«~
..=u
Il:t-til
C A•...I~.
U
c Q:J.,
.:>:.."A(\j
viItIII Qt-Il:0n.III .A0::
t-o::
:J0U
...Ioil:Uii:QII.0
AeQ
.,
in condemnation cases.And by analogy we will perm t
the qualification in this type of case.Of course,the
qualific~tiongoes to the Court as to the testimony givpn
and'the witn.ess IS capability of understanding the vari us
items that are encountered and all that Bort of thing.
In other words,we will rule that the witness is qualif ed,
but the weight of the testimony is for the Court.So
you jaay continue.,
"That's right,Your Honor.Would you pleas~tell.us,how old are y01,
Ma'am?
40 .
And how long have youknown this property?
All my life.
And how many apartments are in this property?
Three.There are 2;-six rooms and a bat~,I believe,upstairs,and
three rooms and a bath down,and the basement.
This property is located where?
789 Main Street',East Main'Street,Mo!!ongahela.
As an interested party and part owner of this property,at least
prior to this sale,do you have an opinion as to what you think the v lue
'is?First.tell us if you have an opinion.Do,y.ou have an opinion?
A Around $10,000.00.
THE COURT:You answered both quest'ons
.,
Mrs.Greedan .
at one time ..So we will proceed from there.
Q Th.at's all,Your Honor.
CROSS EXAMINATION BY MR.BENEDICT:
Would you be willing to pay $10,000 for this property?
Nobody ev~ryasked me if I wanted it.
Didn't your attorney,tell you that I talked to him and told him how
about you.buying it?·
37
MR.SIMMONS:Mr.Benedict,you never
spoke to me about this now,because the first time I
knew about it,the'property .was sold.
That's true.
Well,Idon't want to go into that.I will withdraw that question beca1se"'.,.~-
that's between us.By.the way,do you know the name of Oliver's
children?
Yes.
Would you give me .their names and addresses?
1 don't know their addresses and I don't know some of their married
names,really.I can 'give you the first names.,the boys.Donald
Heynard.,~.
Q You don't know their addresses'?
A No,I don't.
Q It's in Cleveland,Ohio somewhere?
A .Donnie?'I don't think:'so.
Q.
A
Q
Mrs.Greedan
Oliver lived in Cleveland.,'
Yes.'My brother lived in Cleveland before he'died.
Thci tIs all.
,38
.'
'CROSS EXAMINATION BY MR.CARROLL:
:5z0(,~Q Have 'you always lived in and around Monongahela?
)0,'-
IIIZ~A Yes.
II.
i0I-eI~.
XIII0(3:
.,:
~a:I-III
Qe.I0(
~Q
:J'"l
Xl-t-til
viIEIIII-IE0a.IIIII:
I-a::J0U
.I0(
Uii:...0
Q You have never lived anyplace el~e?
A No.
Q And you were living there in June of '71?
A Yes:'
Q .Prior to June of '71,when was the last time you were in that house
A "I'd have to S§ty at least maybe ten years.
Q So you hadn't been in the home"since about 1961.
A I have to stop and think now.Because when my r,nother and dad sepa ated,
that's after I hadn't seen the prop'erty;she should kn?w that.
Q I'm just asking you from your recollection.Was it about ten years
from June o~[71 as far as you can recollect?
A Approximate ly,I would say.I wouldn't.say for sure.
Q Prior to June"of '71,how often did you observe,the e'xterior of the
home?How often did you see it?
A Pardon?
Q Prior to June of 1971."
Mrs.Greedan 39
A You mean how many times would I ride past.?
e'
.Q .,"Yes,go past it or s"ee"it.
A I'd go past there maybe seven or eight times a week.
Q So that when you say the property is worth $10,000,that is your opir ion
based on what you see from the exterior of th~home.
A«Z«>Q.J>-CllZz AIIIQ,
Yes.I couldn~t base it on the inside.
.'Because you didn't see it..,
No.
to tell 'you anything,unless you want me to go into that.
I had npthing to do with it.You know the situation,Joe.I don't have
No.At the time when my dad was living,that was his property.
"
these things.You understand?,
The Judge has to knowMh.SIMMONS:
Stop at the residence and look at it or---
.
What do you mean by stop to examine it?
MR.BENEDICT:
ui
"0:IIII-0:oLIII0:
I-0::JoU
.J«
Uii:...o
..,:"uitI-!!!
Q A
.J«~o·:J"'l
:J:5 A
A Do you want me to go into it?
MR.SIMM0N:S:Don't go into the domesti
problems that your father had.
MR.BENEDICT:What I mean,you drove past;you didn1t stop inand ~lo
look at it.
A I already told you I never went in the house.
MR.CARROLL:
MR.SIMMONS:'
I have no'other question~.
,That's all,Your Honor.
40
e.
(Witness excused).
LALAH REYNAhD'!S CALLED AND 'SWORN.
e(
~.DIRECT'EXAMINATION BY MR.BENEDICT:> '.J>-~Q Your name is Lalah Reynard?z
\IID.
i A0'"Clz Qx
(II
c(
~A..:u
0:'"Q(II
Q
.J.
e(A§
Q
:I."
x QI::w
iii A0:\II...0:0 QL\II0:...0:A.:10U
.J Qc(
0iLII.0 A
Q
A
Q
A
Q
That rS right.
You are the widow of Robert E.heynard?
Yes •
How long were you married to Robert E.Reyna.rd?
Since ~eptember,i 968.
"
Until he died,of course.
He died on October 17,1969.
That is October 16 I think:
16,yes .
And you took out Letters of Administration shortly after that.
Yes,Idid.
·1 belie~e you took them out on the 14th day of May,19 70..
That's correct.
That is quite some time after he died.
Yes.
Now when you were appointed,administratrix of 'the estate,did you s "e
-------1I--..,..-------------;b.El,.,l,E~4:\_€l¥t:1iil,J;C;I---:--,,-.,..------.:---------I---44..1.-..1.
the prop~r~y and know the pro perty that is in q~estion here today?
A Yes~I ~id •.
Q And 'you filed your Petition with the Cour t,authorizing this sale,
setting forth the bond in this.Petition and setting forth certain facts
contained in ,the Petition which are pad of this record;
A
~.z
"«Q>oJ.)0
Ulz Az
IIIQ,
i Q0..0zi
Ul.«~
.,:AlJ
II:..Ul'Q0eoJ«~Ac
:J"'l
:I:Q..r-N
viII(AIII..II:0Q,Q11/II:..II::J A0lJ
oJ«U Qii:IL0
A
Q
A
No,w when"Y?"y "became Executrix did you tr'y to sell the real estat~·?
Yes,I did.
Now what did you do and how long after hls death after you were app inted
Administr~trix?
Then I contacted Mr.Lignelli.
Befo.re you.saW Mr.Lignelli,did you try to sell it ?
Well,I tried to sell it.
Who did you consult or try to have buy it?
I talked to a Mr.William Gavlak.
Where did he live'?
.Ginger Hill.
This is before you talKed to Mr.Lignelli?
That was before.
And what trans pired there?Did he buy it or want to buy it?
I took him up and took him through the house ..There were two apart
ments occupied.One apartment was vacant.And we went over the
entire building.And he said he wouldnIt give me $500.00 for it.
. Q What did you do?
Lalah nevnard
,MR.SIMMONS:
42
We object to this testimo y.
Mr.Gavlak is not an appraiser.As a matter of fact,
hers just an ordinary citi~en.
attempt she had in trying to sell this property;why s e
ten minute recess to go down in argument court?
Downstairs they are having argument court.And they
keep sanding somebody up after me.Could I have abc ut a
minutes at the most..My al'gument will only last 'abo t
e.-'.
':!z«>..I')0
UI
Z
ZIII
.0.
Z.-0I-ClZ
:r
UI«~
..:u
ii:I-UI
Q
.J«U
Q::l..,
I:t::N
uiII:111l-ll:o0.IIIll:
l-ll:::loU
..I«U
ii:II.o
MR.BENEDICT:.
was forced to s ell it.
MR.SIMMONS:
THE COURT:
MR.SIMMONS:
five minutes.
THE COURT:
.recess at this time:
RECESS
(Continued Examination by Mr.Benedict):
I'm trying to show the
Excuse m~,Your Honor.
Are they ready for you nclw?
It will only take about ten
We will take a ten-minute
Q Mrs.Reynard,after seeing thes e people,did you go directly to
Lignelii then?
A I had two buyers up,the son,Eddie Gavlak,who is a carpenter---
Q.He was in the carpenter business ?
A Hefs a qualified carpenter.And he went·up to look at it and we took
1 alah ,-rrl
him through.And we dis covered in the one apartment,which was
empty:it's a hot water furnace,the boiler was bursted.The furnac e
,.
was damaged,all the pipes were broken.And it had to ha ve a comp ete,~.
new furnace,put in.It could not be repaired.
Anything else that you noticed ~t the time that needed repaired?
He examined the roof.And he said it would have to have an etttirely
'new ro?f,that it had been patched so many times that it couldn'tbe
,patched anymore.The window glasses were out;the glass in the do r
had been broken.Locks had been taken off.
And then you'went to Mr.LigneHi.
I went to Mr.Lignelli.
And tried to sell it?
And tried to sell it:
Whatpro,Position did you have with him?
I described the property to him and he Ejays,"I know where it is.
t know where the property is located."And I listed it at $5,000.
He says,"How.much do you want fo'r it?"And I said,'.'$5,000.1.1
So he said,"Well,PH go up and take a look at it'lamd then get in
touch with me.So I didn't hear from him and I called him and'
he says,"Oh,)wpuldn't bother with that property."He says,"I
,couldn't sell it,the condition it's in."
Q .Then what 'did you do?
A Then I went to Smith &Dougherty.
Q They are real estate brokers to?
,.A
, T alah Revnard
They are real estate brokers and I talked to Mr.Dougherty.
44
MR.SIMMONS:We are going to object,
Your Honor,on any testimony that:Mr.Dougherty or
Mr.Smith said.,Mr.Dougherty is ~'vailable in
Monongahela as a witness and shou Jd be here.
She went to Mr.Dougherty's office.
Yes,I went to the office .
.
Now without w hat they told you,did you place it in their hanEls for sa:e?
I placed it in their hands for sale.
What did they do?
They put a sign on the building,but that's all I ever heard .
.'Did you contact them later?
'I contacted him later and he said he had no one that was interes ted i it.
Then did you,after that,did you go elsewhere to try to get a purchc ser?
Well,,I triea.several places to 'talk to people.But no one would even
go and look at it.
Then finally,what did you do?
I said,well,as a final resort I'll talk to Mrs.Courtney.Maybe she 11
buy.it.
That.'s one of the tenants:
Yes.So I talked with Mrs.Courtney and 1 said,IIWhat will you give me
for the property?"1 said,"Do you think it's worth $1,OOO?"She
says,"Well,I think I can arrange it but I won't h'ave all the cash.
I have $500 .00 cash..And I can pay you $100;,;00 a month,until I
"
Lalah Fi.evnard
get the other $500.00 paid."In the m~an time,she still paid'the ren
".
Q Her and the other tenant paid the rent?
A Yes.
Q So -you really got more than $1,000 out of that.You got the rent plus
the $1,000.00.
From the two ?partments.
Now did 'she know the condition of the hous e?
Yes.She knew the condition of the hous e.She lived in it.
WOUld you have been able to pay for any major repairs 'such as this?
I couldn't have possibly paid for it because there wasn't enough manE y
in the bank to pay for it.
Do you recall what the estate consists of?
At the time of Mr.heynard's death there was £iine)hu'ndred and somE
dollars in the bank.
And ,the real estate?
A nd the real,es t~t e.
And you collected the rents up until the time of the sale and gave
the deed to the Courtney's.
That's right.
45
And that's all accounted for in an Inventory t!J.at you had prepared apd
sent to me until this order 'was to stop all proceedings.,
A That's true.
Q And you signed this Inventory on January 11,1972.
A ThatIs right.
Q heady to be filed
Lalah Revnard 46
A·heady'to be filed.'.
Q You sent ,it.to me to be filed and in the meantime,on the 14.th day
of January,1972,there was a Court Order to stay all proceedings ir
this estate so we could not file the Inventory and Account at that timE.
A~z~Q>-.,.
z~A
II.
i~Q
ziIII~
That's right.
And that's where we are at now.
That's right.
Now oneoflthe conditions,of course,of the sale to Mrs.Courtney,
was that she is to repair.Do you know whether she's done any repa rs
~uii:l-ll)
a A..Ǥ
Q Q:J..,
:I:S A
or whether she has to do some repairs?
She IS already started some repairs .
She's done some repairs?
Yes,she 1.J,as.
,.
iii0:~Q Cross examine.
II:oLIII0:
I-0::JoU..«~ChOSS EXAMINATION BY Mh.SIMMONS:
II.o
Ie
Q
A
Q
A
Q
Mrs.heynard,do you know what the assessed valuation of this
property was?
~~.
Do I know what the veHue is?
The assessed value is for tax purposes •.
N:o,I donIt know exactly.
Well,would ~refresh your recollection by telling you it's $2100.00
T alah Revnard 47
'.ass.essed valuation,which is about 30%fur the c,ounty?In other wor<s,
the county has assessed this property at $7,000.00.Do you know thi ?
A No"I didnr.t.All I know is w,e paid the taxes;thaUs the.only thing.
Q'Did you ever taL~to Mr.Turney,the nextdoor neighbor,about buying
this pro perty?
A Yes,'I did.
Q What did he say?
·A He wasn't.intere.sted in it.
Q He said he wasn't interested?
A He wasn't interested;he said it wasn't in any condition'and the repai s
would c'ost more than the prope rty was worth.
Q .Now'the only pers on you actually,you said you ta ked to Mr.Lignel i
..
and Mr.Smith put a sign on the property,is that it?Or was it Mr.
Do'ugherty?who put the sign on the property'?
A Mr..Dougherty.
Q You qidn't go to Mr.Chattaway or 'any of the ,other real estate
people in town?
A No,I didn'.t because they hav.e a multi-list.Everybody'gets "it if
you 'list it.with one.
Q You never:~igned any agreement with Mr.Lignel~i,did you?
A ;-No~I didntt because he told me he wasn't interested.
Q How did you expect to get on the multi-list without 'signing an agreeI1 ent?
A Well~Ididn't-- --it didnIt make any difference about the mUlti-list.
One'real estate agent is comparable to another.
T alah Bey.nard·,48
Q Well now,did you have Mr.~eynard's Will?Did you know what was in
his Will at his death?
Well,there was no Will,.
You knew he died on October 16,1969,is that correct?
Yes.
Now who was looking after things immediately 'after his death?
~'
I did.,J.,.'
Could you tell us why you didn't have tenants in this property immecia-
tely right afte~October 16,1969?
It was impossible to rent the one apartment.It was in no condition 0
rent.
,Well nowJ according to your attorney's letters here,the code man
merely says t~at---
MR.CAhhOLL:-If Your HOJ;lor please,
.'I object to this line of questioning.Mr.Simmons'
exception to the Order authorizing sale and Citation
requests to show cause why the sale'should not be set
aside.'ThiS may have something to do with the estate,
!a:nti whether or h9t th'ere is a proper accounting,hut
.'I don't see,that it-has anything to do with the sale.
Mh.SIMMONS:You don't know what 11m
goi'ng to ask he'r yet.I'm going to ask why shoUld,the
furnace freeze and break which caused all the problems
she's talking about.
Lalah Reynard
THE COURT:That part was subsequent,
48
t .
Q
e
«
"i:'«>A.J>-1IlZz QIIIII.
i0 AI-~z
i1Il Q«~
..:u~I-1Il
0 A.J«~Q0:J....
:I:/;:AN
aia:III QI-
~a:0.I LIIIa:
I-a::J
0 Au
.J«.~II....0
Q
,to the original question.We are going to overrule
the objection;exception noted.
The interior of the apartment required general c·.Leaning.That was tl e
apartment occupied by the Fines.Were'tlieFines in this property
whenever Mr.Reynard died?
The Wines were in the basement apartment.
When Mr.f\eynard passed away were they there?
Yes.
Mr.ami Mrs.Courtney were also in there at the time Mr.,Reynard,..
passed away.
Yes .
Now this furnace,where was it?Was it for those'two apartments?
The furnace.was in the vacant apartment.
"
At the time the apartment was vacant and Mr.'.Heynard passed awa),.
that furnace was in good condition,wasnlt it?
No,it wasn't in good condition.There was·some 'damage done to it
.But it'wasnlt'completely gone.
The damage really occurred that winter,after Mr.Reynard died.IshIt
that true?
A Not all'of it.
<;;;,But some of it did.
A Some of it may have,yes.
Q How much income or how much money did Mr.and Mrs.Fines pa)
A
Q
A
e Q
~
./
"~.Az«>..J Q>-CII.z
Z
IIIII.Ai
0..CI Qzi
III«A~
..=u
iii Q..CII
ce'..J A«g
c":I Q~
:I:I-"(\I
eli AI>..,f II:\II..II:Q0I.IIIII:..II::I0U
..J A«ij
ii:II..0
e Q
-A
.Lalah Re nard
for re'nt a month 7
They paid $50.00.
What were-the Courtney's paying per month 7
$55.00:".
So the property was producing $105.OOa month,income.
Thatls right.
:(....
And you had a third apartment that could have been x:ented~
.No,you couldnIt rent that apartmerit.' .
Because you say the furn~ce had been b.r:oken 7
It needed repair.And I didn't have any money to repair it..
How much money would it take to repair that furnace,do you know 7
I wouidn't be qualified to quote_
But the property was bringing in $105.00 a month.
That IS correct.
pid you ever get an estiD!ate as to what it would cost to repair th'e
furnace 7.
Well,I talked to Mr.Sevick.I had him do some repairs.The
water pipes were qursted.So he repaired the water pipes.
Well,did he say how much it would cost to fix the furnace 7
He didn1t give me a written estimate,but he gave me an idea.He
said to repair that you would.have to put all new plumbing upstairs,
your water registers,aU"new pipes,and then entirely new furnace.
.And that would ru'n better than $1,000 for hot water_
50
'.
..Lalah he 'nard 51
A Yes,.that one did.
Q 1 think you s'7.id,Mr.Smith,qe put ~<,sign~onth'e property..Is that
"
"~.
in Cha.rtleroi.
No,that isn't the truth.
..
.,~
"
,~,
No.
Is -that correct?
Ac~.uaIly,you'didn't care too much 'about tb;is estate at all,isn't that
Florida.So when I go down there I stay with my sister.But I live
~,
true ~';'.,,
Now y~uweren'~'IivinK in and around:thisare~.You went to Florida
I don't want what he told ·you.I wa,nt t,o know whether he was able to
Dougherty:_r~ther.But you never heard anymore from him?"..'..;.....
He talked to a'few buyers and he t9ld',me that----
But'he wasn't able,according to your t,est,imony,'to ,sell this plaC'e.
I.sn't it true that had Mr..h~yna~d lived,the following Saturday that h
correct?
Mr.Dougherty.diq-.
,,Yes~I was in communication with'Mr.Dougherty.
4·..'.,;...
.s,eIl the place'or not.
"to Iive;Is that :r:ight?
My doctors told me to go to Florida:for my'health.My sister lives
'.A
e Q
'~
A,
z0(~Q>III
Z
ZiiiII.
z~.A0zi
"III Q.0(~
..,:uii:...
!!!
A.0e'...
0(
U "C Q'':J.,
:t~,(II
uiII:iii A..II:0I.iiiII:..11:.
:J00...0(tQII.0';
•A
Q
was going to go'to an uncontested divorce hear'in~and divorce you?
",. .
MR.,CAhhOLL:If Your Honor ple'ase ,
I object to this 'line of questioning.-
\.
T alah Revnard
THE COUhT:
tained;exception noted.
Mh.SIMMONS:
Th~'objection is .~us.,
Jus t for the record,
52
I think the qu estion hal?:to do with her s'incerety and
interest in this estate.I don1t think she had much
'.
interest at all.
"THE COURT:
.material to th~issue here.You're going to an
uncontested divorce- --we don1t know whether itIS
uncontested until you get there ..The p,erson can
appear at the last minute.
At the time ofMr.Reynard1s death,where were you living?.,
I was liying at'll7 Elmcrest Street,Mon<;mgahela.
You were not living with Mr.Reynald though,is that right?.
MR.CARhOLL:.If Your Honor please
I think this is just another avenue to the same thing.
We object to it.It's not material or relevant to the
issue.
MR.SIMMONS:I think it has to do
with her in terest,whether she cares about the
estate.
that.
MR.BENEDICT:
THE COUhT:
I think she 'can answE r
It wouldn't hurt whet ler
Lalah Reynard
.she answered it or not.She hasn't claimed,or has
•shel a"family allowance l'
Oh,yes.They were
.'
only married 13 months;13 weeks,I'm sorry.
117 Elmcrest.I did s tate that.
He was in the hos pital about four times.
an abandonment or desertion for one year.
Approximately a month.
Let her explain a bou
We realize that.
The ques.tion would b
MR.BENEDICT:
MH.BENEDICT:','It would have to be
THE COURT::'
THE COURT:
proper.
But I mean,Ma'am',how.many.days or mOl)~hs did you actually live
How long,actualJ.y,did you·live with Mr.Reynard?
How long had you been separated from Mr.Reynard prior to that tijne?
.-.
'Could you tell us,Ma'am,where you were living at the time?
.under the same roof with him where,You both had the same address.
'...e
sz«>oJ>UIZZ11/Do
i0I-elZX
UI Q«~
..='A~lI:I-UI
is QeoJǤ
'0 ,'A:J.,
:I:.......'QC'l,'
viII:III Al-ll:'0D....Q.lI:
l-ll::J.o·u
•oJ'«U
ii:II.0
the hos pitaI.
A He was in the hospital a month at 'a time about f01?T or five times ou
of the year that we were married.
Q Ma'am,what was your common address?How ~ong did you have a '
common address?
A About six months.
Lalah Reynar~54
Q And when did you.get married tohim?
A ''.196~,September.
Q So-you lived with him about six months.After that you separated fro In
him.
And it's an original or a duplicate executed of the agreement betweer
We were put out .of the house·because he wouldn't pay th.e-:rent....
I'd like to mark this as an eXhibit,.butr:.W~Ul.dli~e to be able to-X~rbx
it "and substitute the Xerox for this since this is the only one I have.
So.you never lived in this house inqueE?tion.
,
Your H(~mo (',I ha\;'e a couple cjuestions,Your Honor.
That's all.
t ,.~
No.He wouldn't establish a residence for-me ..
In the 789?No,I never lived in that'.
But you ·didn't live with him any longer after that.
CARROLL:
A
:!Q
z«>A,J>-UIZz QIIID.
i0 Al-t!!Z
XUl Q0(~
.,:-u MR.a:I-UI
C
,J«..~
c:::J.,
:tI-,..
til
the Executrix and Mrs .Courtney.
the pr?ceed ings at the same number and term.
MR.CARROLL:
IiII:~II:oLIII~MR.BENEDICT:
0:
:::JoU
,J«ij
iL'\Lo
.
I think it's part of the record.We have it as part of
I didn't know that.
THE COURT:You .may mark it..
MR.BENEDICT:.Here,is that wha t you want?.
MR.CA RROLL:I can doit with this one.
(Stenographer marks Respondent's Exhibit lie}').
Lalah Reynard 55
CROSS EXAMINATICN BYMR.CARROLL:
Q I'd like to show you what has,been marked Respondent's Exhibit·
"e"and ask if you can identify tliat?_
,.
Yes,I did.
Yes.
$500.00 paid at the time of the signing of this agreement,
Did you receive any additional funds during that five-months period
Not for the purch~se.
.......
And did you receive that?
$100.00'a month for five consecutive months .
Did you receive any 'additional funds for the purchase'of this proper y?
And what is the total amount of money involved?
Yes,it is.
Yes,it's Mrs.-Courtney's signature.
,,
And what is ~he date of that agreement?·
Yes,it is.
And is that you I's ignatu re ?
On the signature page.
And'is that for the property in questiorl-!here?
Yes .This is the sales agreement between,myself and Mrs.Courtne ~.
Is that Mrs.Courtney-Is signature?',
'$1,000.
•?
, I received $55.00 a month rent from Mrs.Courtney.
And did you receive money from Mrs.Fines as well during that pel iod?
A
e Q
A
0(
,~
>Q...>-IIIZz AIII0.
i
0 QI-elZ
:z:III A0(~
.,:
QuitI-!!!
Q AeoJ0(
U•D Q,:J.,
x1::'Atil
ui0:...QI-0::o·a.III 'A0:
I-0::J. 0U
oJ0(u Qii:I&.0
AeQ
,'
A
Q
A
Q
"
r---------.-.--------~------
Lalah Reynard
A Yes.
56
Q How much did you receive?
A $50.00 a month from Mrs •.F,irtes .
Q But as far as'Mrs.Courtney is concernedl the on~y money you...~.....
<
receivEid was the $1~.000.00 from June of '711 was.the $1,'000.00
plu's the rental for~the five months.
A .'That's right.
Q I don't have any other questions.,
M:k.BENEDICT:Pursuant to this agreement and the signing of th e...."
Pe~ition for Sale by the Court,you did·yxecute a deed to Mrs .Cour ney.
A Yes,I did ..
MR.BENEDICT:That's all f have.
REChQ.$B EX AM INATION BY MR.SIMMONS:
Q Mrs.Reynard,how much are your taxes a year on this property?
A I don't .remember off-hand but I have the receipts .
.
Q Well,would your att.orney.get your"receipts there please?
MR.BENEDICT:I don't know whether
I have them with me ..I didn't bring the whole file
with me.
Q Roughly,what al'e you r taxes a ye~r?
MR.CARROLL:
show that.
The account will
"
Lalah Heynard
MR.,BENEDICT:!,":'-School tax,$65.00.
f.•.~
\',.
Wait a -minute.S<?hc>ol tax)$229.00.'City Tax,
$65,'OO:"'Two'years there.And the c<;>u"hty Tax,
87
now.
MR.SIMMONS:,
MR.BENEDICT:
'I mean for a year
She paid for two yea ros,
170 and 1$1.'The School Tax was·,$229.31.
MR.SIMMONS:
MR.BENEDICT:'f,
That IS for two years .
.
Yes.City Tax,
one ,year,it wa,s $6'5.00 and,the other year $72,00
,~""J'~..•
1970'-'71 County'Tax 'was $115~91.
,MR.SIMMONS:That1s for two years.
A Roughly,yes.'
So the taxes are abou"t··$2LI2.00 a year,right,rough y?
(~ontinued examination by Mr.Simmons):
Q And this property was bringing in income of $1260.00 a year,is tha
right?
,A .That's correct.
Q In other words,in one year1s time that this property had been
rented by the buyer,the buyer would have got all her money back
in one year and still be able to pay the taxes.Isn1t that true?
A Well,that IS up to her,
Q But she received the sam~rent you received,She would have gotte
-~-:-'"---H..-----------:"-":"-_-------J",.aL<llJ...li~.J..J,g..I...I..I.-----------_........_-...........;------1---....i_5u;8L
all.her m~ney back Cl;f~~r oneye~r and .lbe (able to pay ~he taxes on to
of that.G',
A After she made the re'pairson it she'-may'have rented it.-
~.'<•
A Yes.
Q Of what year?
MR.BENEDICT:-Yes.,
in rent,hadh It you?
{'
$2100.00 was my fi ure.
"--*
MR.-BENEDIGT:',
the $2500.00 in the bank?
1971.
-,
-,
·You were stiil\getting $105.00 a'month.
A
Q That'sw-hen possession was supposed to have 'been given.
Q Nowyou mean to tell me you couldnHhave.repaim?thishouse with
A When the money was paid._the Jirslbf December,.
.4;.,~
A ,That was deposited to the est~te.
'.'
Q And when was possession given under that cont~aet?
A I didntt have .'any money t.o make them.
Q
Q "\yell,you were .g.etting$1J.(OJ5.00 a mbrith :;md.you hadn't ~ade any
'repai:r;s,.'is that right?
QWeJl now-!at that time you:had collected·about---over $2500.00,
e
:!:z~.J>-IIIZ
ZIIIII.
i0I-0-z
iIIIc(
~
.,:-'
0itI-III
Q•..Jc(
0
0:J...
:J:.."w
aia:III'I-a:0II.IIIa:
I-a::J0U
.Jc(
ij
ii:II.0
•
Q $2100.00 you had in the bank \yas rent that yo'u ¢ollected J is that
,.'
'.MR.BENEDICr:r:
.,
If the <;ourt pleas e,
she was notified to make these repairs or get out
59.
in 30 days.
MH ..SIMMQNS:
.
Your Honor,we obje~t
,to that because the~e's no such t~ing in the record i
the testimony,',sir.
"it mbre saleable,'is that correct?
A I did.
A That's right.I did the necessary repairs for the two tenants that
All ~hese are argum(ntsTHECOUhT:'
Yes.
You still have $2100.00 left over in the'bank.,-.,
You made the necessary repairs for them?
were living in it.
.time.This isn't the proper time for it.Let's pro~.e!>d'
.'.
of counsel which m8;Y be propounded at the p~oper
with ou r questioning.
,it saleable,or repair that furnace to make it re~alea.ble:
A
Q
Q
A There wouldn't haye been"enough money to rep'Edr it.
,.
Q You never,tried to use any of this money to 'repair this house to make
Q You collected $2100.00 worth of rent.Isn't that true?
.Q Ma'am,11m asking you,you didn't even attempt to repair it to mak
e
::5z«>..I>-Ul
Z
Z,
IIIII.
'Z
0I-CIzi:Ul«~
..=~II:I-!!!
Qe..I«2Q
:l...
:I:I-"til
iiiII:IIIl-II:0II..11III:
l-II::l00
J .~
i3ii:II.0
e
A ,After the'repairs.were made I paid for the repairs ..
Q And then you had $2100.,00 you still have inthe bank.of rent money.
A Well,I don't know.I paid for the repairs and whatever it was,the.
took it ~ut of the':money t~at was deposited.
Q
.Lalah Revnard
In other words,the repairs that were .'requeste,d to:be ma'de'by the
\..~'t.~."•."
city,you made and paid for.,r~ght?
60
."~".,,\
.'t.
A Yes.
Q Thatls all.
hEDIRECT EXAMINATION BY Mh.BENEDICT:
Q Mrs.':H~ynard,you p.aid '$176.00 to Sevick for immediate plumbing.
A That IS right.
Q You paid all these taxes.
A I.paid all the taxes.
MR.SIMMONS:
sum,sir,.if.the Court please.
Q What you.testified to.
Letls have a specific
A Thatls true..'
Q You paid-.9pDr.Golomb had a $30.00 bill.
A Thatls right.
Q Municipal Authority of the City of Monongahela had a municipal lien
of $262.3L Thatls to be paid yet.
A Yes.
MR.SIMMONS:
not be'en paid?
Youlre saying thatls
,,
'Q Thatls right.Uls reflected inthe Inventory.Welre ready to file an
Inventory and Account in the estate.Weld have been more at the.
point if weld have argued it at that time.Welve got a lot of expJe;mse~
Lalah Reynard·
here,the Register of Wills,and ~he got "notice she had to do this.'.
within 30 days and she,"wEmt frantic trying to seil it and did the best
she could.,,-
61
,MR.SIMMONS:
.,.'
You I'Honor,this
lady already'testified she made"the necessary rep~irs,
so that's not an argument.
"
were ;pecessary.They couldn't liv~in'the house
in the bank to take care of that.
:!z«>oJ)0-IIIZ
Z11/II.
i0l-\!)
Z
:rIII«~
..=!:!lI:I-III
CieoJ«U
c
:I"l
:t.."(II
viII:IIIl-ll:0II.IIIlI:
l-ll:":I0U
oJ«Uii:-II.0
e
MR.BENEDICT:
because the pipes were brokep..
MR.SIMMONS:.
"
.repaireCl the prop~,rty.·
MR.BENEDICT:
funeral bill to pay.
.MR.SIMMONS:
MR.BENEDICT:
of the costs of administration.
..THE 'COURT:'
"have any other questions?
",-MR •.CARROLL:
She made some that
"
She testified she
She h~d about $900.( 0
There was $900.00
It WOUldn't take care
Mr.Carroll,do you
I just have oneor twp
questions,Your Ho.nor.
v .,Y''..J
RECROSS EXAMINATION BY M'R.CAh.HOLL:-..
•••.•;.'"I.
Q Mr,s'.Reynard,were you in,;,eceipt of tht::s e notices fropl the
code enforcement officer?
62
.A Yes,
e
:!:z«>,.J>-(/)zZ
IIIn.
i
0I-l!lZi:
UI«~
..=u
itI-UI
Ce,.JǤ
c:l.,
I:I-"N
oj
II:IIIl-ll:
0n.IIIlI:
l-ll::l0U
~Uii:II.0
e
Q Exhibits "A"'and "B"of the'hespondent?
"
A That's right.,
,,
Q 'And you were 'a~are of the c,bmplaints"which were listed there again:;t
tp.e property ?
A Yes,1 was.
Q Did you make any of the -repairs 'whichwere i.ndicated there on thOSE
exhibits "A"or "B"?
A The 'only thing we repaired was the pipes,the'broken pipes.We did 't
do any of the repairs on:the outside of the hou·se.
Q That's all relative - --that's'as relative to Exhibit "A".What about
Exhibit "B"?"..,
A The gutters arid downspouts were not repaired.But this condition w s.
Q Which condition are you talking about?
A The interior,of the apartment.downs tairs •.
Q Required a general cleaning up.You did that?
A Well,they did it,.1 a'sk'ed them to do that,.
Q .Who is they?
A Mrs.Fines,.the tenant.
Q ,So you did not pay any inon§/y.for that;
A 'Idiqn't pay any money for that,no.
L<al.ah Re~ard
Q I don't have any other ques~ions,Your Honor.
63
.MR,SIMlVIONS:
THE COURT:
MR.CARROLL:
THE COURT:
No other qtiesfions,Your Honor,'
Any other witnesses?
I might have one,Y~ur Honor.
You may ~aU him,
'.
MR.,.CARROLL:.;
:!iz«>...l>-(IIz
ZIII
Q,
i
0.."zi
(II«3
..=u
II:I-(II
Q
...lǤ
Q::l.,
I:......?N
,Cli
II:IIIl-II:0.~~
II:
l-II:::l0U
...lc(-.
ij
ii:...
0
e
.'",
What I'd like to do .at this'time',Your Honor,I'd. .-.
like to move,for a dismissal of the action in so far as Florence
Courtney.is concerned.'The allegations in the Exception to the
Order Authorizing Sale by Mr,Simmons indicate at paragraph six
,.'.,f ••:,.'
•t'....
that it is averred and believed that Mrs,Courtney paid m ore than
.,
the $1,000.00 for the profierty.And there has been no pZ:-0of of that
particular allegation nere,',As to paragr~ph.number·five,he indica es
.that the property was worth many times the money which Mrs,COUl tney
paid for it.I don't believe there1s been any indication here that this was,
nor has there'been ,any testimony that this was by fraud or 90ncealrr ent
or deception.And even assumirg that the property were worth morle
.,
than what Mrs.Courtney pa~d for it,I don't believe tha~that gives
the heir of the estate or this C~urt at this time,based on the
evidence pres,ented,the ,right to vitiate the sale in order to return
it.There may be some question as to the liability on the bond by thl
.,
Administratrix as to whether or.not she performed her duties,her
fiduciary duties in terms of obtaining the best price available for
the property"But that should have nothing to do 'with whether or no
the buyer,who entered into this in good faith as far as Hie record
,-.
-.Oalah RevnaI'd
.shows us presentlYI whether or not that sa.tle should be vitiated.
I don't thi~k there's been any testi~ony to this.effect at all,and I
64
think it would almost have to arise almost to a fraud and concealme t.
~.
And there's been no proof of that here.'
THE COU R'!':..The motion of counsel is'refused;exception noted.
0(z0(>..I>-m·zZ
IIIII.
i0l-I'Zi
UI0(
~
t-=u~ן-m
Qe..I0(
§
Q
::l.,
:I:.."til
viII:IaIl-II:
0II.IIIII:",
l-II:::l0U
.J0(
0ii:...0
e
You may"call your witnesses.
.'
FLORENCE COU.HTNEY IS CALLED-,AND SWOhN.
DIRECT EXAMINATION BY MR~CARROLL:
Q Will you give.us your name please?
A Florence Courtney..
Q Speak up so that th:st~nographercan hear you_please.Mrs.
.CourtneYI where,do you live?..
A 789 East Main Street.
Q Are you the tenant of the property prior to your purchase in June of
A Yes,1 am.
Q And did you enter into an agreement for the.purchase of this proper y
in June of '71 with Mrs.Reynard,the Administratrix of.the estate
of Robert heynard?
A .Yes.
Q I show you what is R~spondent's Exhibit "c"and·as k you'if that is
'.
A
Q
~A
zc(,.>,Q..I>-0)zz AIIIDo
i0 QI-~z
i:
0)Ac(~
..:Quii:I-0)
ii A..Ic(
§
.0 Q:J.,
x'I-....Atll
ai
0:III QI-0:0,
'LIII A0:,..I-0::J0 'Qu
..Ic(u Aii:IL0
Q
A
Q
.·'ti:tnrence CO'v
the agreement;you r.ea?thJ;'6ug~that and 'look at the signature•.
And I ask you'.ff tha~.is.the'agre~m~nt which yo~"signed or a copy of
"
the agreeinent?
,
Yes,it is.
Is that the agreement ?
Yes.'<.
Is tha ty'our signature?
",'
Yes,it is.
Did you abide bythe'W terms of that a'greement?
Yes,I did.
Did you pay the funds that-were requ,ired?
I did .
And did you receive a deed for the property?
Yes,we have.
And when did you receive that de"ed?
Mr.Hoffmann has.it over at"the Court·House to record.
When was that,if you know?
,
I think h~got that January 1st.
.'Of what year'?,
1972.to
When you refer to Mr.Hoffmann;areyou f@f€,tffgntg)/Mr.Joseph
Hoffmann;an attorney who.practices'here in Washington County?
65
A That IS right.
Q ,Did you employ him at the time you purchased thiEf property?
L~V
A Yes.
"
Q And what did you employ him for?,
A To search the title and see that it was c'lear.
Q Did he do that?'
66
e
~,Z«>.I>UIZZIIIII.
·i0,l-ez
iUIc(~
..=~0:I-UIQe.Ic(
0
Q
:J.,
:z:......N
iii0:IIII-0:0II.III0:
I-0::J0U
.Ic(
Uii:...0
e
A Yes,he did~
Q Did you pay anything in addition to the amount req'uired under the
Article of Agreem~rttto Mr~'~heynard?
A'".Only the $5~.06 a month rent,that was all.
Q There's been two additional exhibits here,Exhibit "A "and "B",
Respondent.ts Exhi1?itf?"A"and "B".-relative to notification from thE
code enforcement officer about the pro perty;789 East Main Street.
.Were you aware of these pa~ticular items?
A Yes.'
Q Were you aware of 'those prior to the time you purchased the prope-r ty?
A Yes.
Q Have you,since pur:chasing the property.made ,any re pairs to it ?
A Yes,we have ..
Q 'What did you do?
A The trap in the kitchen s ink has been repaired;and the space
heater has the vent piped to it.
Q Have you made any other repairs since you purchased the property:,
A Not on the'one Pm living in,but t1}e empty orie now.
Q Pm talking about the entire property at 789 East Main Street.Have
you made any rep~irs to that property,~~ether it be your apartmen,,,
Florence Courtney
or the Fines or the erppty apa,rtment.
A Yes.
67
Q
"
What repairs ha ve yo u made,?,.
'A
".
'We,lve put 8;11 new water pipe In and these were fro~e ,apdbroke,and
't.".......
replaced all the froz~n pipes.with new copper tubing and took the
,.
:!z~..J>Ul
Z
Z
\II0..
Zg
I)zi:III
0(
3:
.,:u
ii:I-!!!Cl
..J0(
§
Cl:J.,
:tJ:.N
Q
A
furnace 'out,and the heat~rs"removed thos e.And welve took and,
fixed the upper,s~'al and the two by four uprights,I believe they are,
,"
in the room in the upper bedr09m,and the ohe four by four in the
bathroom that was rotted out from the leaks in the roof;and had the
..,
rodfjacked fro:m the,inside bedroom;and then doing that,we had tho
plaster down ;0 we ~ad to'replaster this entire bedroom and paint'it
"'~~~",~..
Now what,area of the hous~are 10U talking 'about when you say you
made these repairs?
That's in the one that's vacant.
via:~Qa:oL~A
'1-a:.
:J8 Q
..J.0(
o A'ii:II.o
The vacant apartment?
Yes.
When you say we,who are y'ou referring to?
Well,my sons and my father and.-myself.Then we have remodelel
the complete kitchen,downstairs in this apartment.And then
we.have paneled the pantry,the wash house and the bathroom and
put ceiling 'tile there.
Q Now didyou and--:-is it your husband or y~ur father?
A Father.
.Q Did you,your father and your sons do the work?
lIln ("nll rtn P"T 68
Yes ..
Where would that record be?
Not just off-hand.
Do you have any idea?
.,."
used in .plaCe of cabl;.e for running the receptacle boxes,and that
instead of them repairing it by putti~g'up,I th~nk.it's X-B cable,
vacant apartment oJ;the unoccl:lpied apartment?
Did you ma~e any other repairs to what you'have ·des·cribed as the
"Roughly,I don't know what it all come to nqw.
How much 'did .you ~~y.f~r it?.
Yes,I did.
Yes.,
TJ:1ey are over at the house,all of them.
We've been buying it atth~different lu'mbe!'companies and that.
Where did you buy'the-materials?'
pid you pay for those?
-.
Do you have any record of what you paid for thos~materials?
I don't have it aU right here,but I do have a -record of all of them.
.We put all the new wii:\ng through because there was lam-p wire..
'Did you buy materials for -this:?
A
Q
A
Q
e A
c(Q
'zc(>A..I>-IIIZz QIIIII.
i0 A.."zXIII Q.0(3:
..=u A~..tilii Qe..I0(
§c A:J.,
xl-t-Qor
aiII:III A..II:0..IIIII:Q..II::J0U
..I0(
U
ii:A...0
e
they have used 'lamp wire through there.
Q Did you do any other repairs to any other P?rtion of the house?
A I had my son put the hot water and the cold water over into the lowe
bathiPoom for the w'ashing machine and dryer and into the orepart of
Florence Courtney 69
of the kitchen he put a pipe for the glshwasher."
~."!.
'0\•
Q What area ~f the.-house are yOll talking about that was done?
A In the basement apartment,in the rear.
Q Who lives'the re ?
I."
A The entire roof.Itfs a slate roof.
A Yes.
A Yes.
So this was done for her.
any other repairs to that apartment?
Q Now as far as Mrs .Fines f apartment is concerned,did you make
And they want $1200.00'to replace the roof on that place.
and one is Mr.Taylor.a ~aylor brother from Monongahela tthere.
Does Mrs.Fines still live in the apartment?
and two coats of Mobile Home hoof PainCo'n there.and that wonIt
A We have painted the roof~Therefs been three coats of tar on there
hold up there.So I had two fellows come in and "appraise the roof
Q Did you make any other repairs to that apartment?
Q Is.that the entire roof?
..Q Did you make any ot{ler repairs to the apartment---strike that.
Q
. A Mrs".Fine.e
~z
0:(>...>-UIZZIIIn.
i0l-eiZi:UI0:(~
.,:
0
itI-UI
Ce....
0:(
§
C::I"'l
:rI-"~
viII:IIII-0:0n.III0:
I-0:::I-
00...0:(
UiL....
0
e
A I'v'e just ordered the windows'this we'~k for the windows'that are
cracked and broke down there.
."Q Where did you order those?
A At the Weaver Window Shop.
1<10:70
whatever electric we neE;ded and things like that.
are necessary?-
Itls up in the Fourth Street district in Monong~hela there.
Did you make any repairs to the apartment in which you live?
'.-
,'"
No,not yet.
Have you complied as far as you know with the requirements of that
Just to keep theelectric and things like that,make the r.epairs on
No.These are just the small sections,and that's what the six run.
How much is that going to cost?
Who is going to put thcs e windows in?'
Apiece?.
Where is that located?
The windows are $11.88 for windows ·there~.
Yes,I think I h'ave'got the'm all that he had listed,because I had
And how many windows have been ordered?
Six panes of the glass like.
My oldest son.
,cod~enforcement,officer o.f Monon~ahela iri;making whatever correc ions.
.Have you,done any maintenance'o;~them?
Q
A
Q
A
e'·Q
A~z«>Q.J>-UIZz AIII0.
i0 Ql-e"Z
iUI Act.~
..=QuitI-UI
Q -Ae.J«2'Q Q:l,.,
:I:l-I'A(II
viII:IIII-0:00.III0:QI-0::l
0U
.J«0ii:II.0
A
brought the one paper over.you had and I didn't have another copy.
Q Did you do anyth:ing to'the gutters:or do.wnspouts ?
A .No.I bought gutters and that .to put on.
Q Where did you buy them?
A 84 Lumber.
.----------.r----------------;-----------------c--------~-----
Florence ('ourtnev
Q Do you know how much you paid for them?
71
A N01 b,ecause I've got that all o'n the bill w,ith wood and that that I bought
out there.
Q.
·e
A
~z<Q>.I>-!II
Z
Z
III11.
i
0 AI-elZ
:r!II Q<3
~Auii:I-~!Il
Q Q
.I~
U
Q
:J.,
I:I-A"N
gi'
a:IIIl-ll:011.III QlI:
l-ll::J0U
.I'<u Aii:II.0
Q
Would you be able to den ermine ~ow much they are by lJooking at you'"
bills and soforth?
Yesl I would.
Since purchasing the property a~d owning it,have.you paid any real
estate taxes on the property yet?
No.
Have you received any notices~for any real estate taxe~?
NOJ none at all.
Have you obtained any insurance,fire insurance or things-of that·
nature for the property,!
N01 because Ijust got the deed.In fact,I didn't even see the deed
when Mr.Hoffmann·took it over to record it.
Have you done anything e Is e to the property other than what you had
indicated to us?
Well now I I have the paint .for the'two othe r bedrooms in the other
side now1 but I don't,have them painted yet.,
But you have bought'~he paint?
A Yes.
Q Where did you buy the paint?
A I got that ~one from Murphy's.
Q Where is tha t located?
.~
1:<'1'~'p f'nnrtnev
A Five and Ten.
Q Do y6,~know how much you paid for that?
72
A $4.~O ii'gallon."..
"-~z0(>.I>-UlZZ...
II.
i0I-l!IZXUl0(~
..=uii:I-!!!
I
Q_.I
I 0(
I
~D::I
I .
.,
:I:~N
cDII:IIIl-ll:0II.IIIll:
l-ll:::I0U
.I0(
(;
iLII.0
e
Q ~ow many gallons did you buy?
A I've got six gallons there.
Q Anything else as far as repairs or maintena!1ce of the property is
concerned?
A That's all.
QNot to your knowledge?
A No.
Q At the time,you entered into the Article of Agreement with Mrs.
·.heynarp ,were you the moving party in a sense that you offered this
much money for the property?
A She told me that she was going to leave'it go for about $1,000.00
and that's why I said if it was $1,000.00,I would be able to meet that.
Q Why w.ere you only able to pay that?".
A W~ll,b..ecause I didn't feel~ike I wanted to go in debt too far for a
property right now.
Q You do not know whether or not Mrs.Greedan rece.ived any notifi-
cation of the proposed sale to you?
A No,I don't.
Q Do you know whether or not she received any notification through
Court,Procedure of any nature?
,A No,I don't.
Florence Courtney
A That's all the questions I have,Your Honor,except I would like to
be able to produce the receipts or bills which Mrs.Courtney,is
referring to,to substantiate the costs which she has incurred.
73
THE COURT:Any questions of this witness,Mr.'Simmons?
e
::!:z
OIl:>..J>U)z
Z
III0..
i0!-15ZX1IlOIl:~
..,:'uii:!-.U)
Qe..JOIl:§
Q
:J.,
:I:.."til
viII:III!-a:0LIIIa:
!-a:
:J0U
..J
OIl:Uii:'IL0
CROSS EXAMINATION BY MB.SIMMON~:
Q',Isn't it true,Mrs.Courtney,that Mrs.Greedan here asked you abo t
.the sale of this property and you refused to talk to her about it?
A I told her to get in touch with Mr.Benedict becaus e I didnIt care to
hear the whole life family of the Reynard family.
Q .You didn't tell her anything about what the details of the sale were,'is
that.right?
A No,because I didnIt feel it was my place.
Q When did you expend this money that you are talking about?,Did you
start s pending this money before you g?t th~deed to the pr@perty
or afterwards,the money that Mr.Carroll asked you about that you
s pent for repairs?
'A
r
.
~
!Q
A
Q
A
Well,we 'have been ~epairing it as we 'went alo~g,so we could 'move
over on that"one side like.",
Did you-move over into the new apartment?
No.
Are you going to?
Yes,I want to move into that apartment.
'Hlorence ('ourtnev 74
Q When did Mr.Hoffmann get the deed to this property,do you know?
A In January.I believe.
Q What part of January?I think you said he went up the first of Februc ry
to record iti is that correct?
Answer I think I have indicated the date.
of that.
Yes .
I believe that's in my Answer.I merely copied that
That's just a copy fn m
Your Answer,paragllaph
If Your Honor please,
MH.CAhhOLL:
THE COURT:
MH.CAR,hOLL:
from the.record.I don't know t?-at Mrs.Courtney
will know that.At the bottom of"the first page'of my
.580.
No,.not just off-'hand.I mean I have all the bills and I could produce
recorded on January 9,1972 in,Deed Book 1352,pa~e
the record,Your Honor.You can take judicial notic I>
five in part states that the deed was delivered a:n<~
Now prior to this time you said you made repairs.Is that true?
And you have no idea how much money you spent?
e
:5z
0(>oJ>-tilZZ.
1&1-II.
i
'0I-~Z
:tIII0(~
..:0a:I-UI
ii,
-~'
0
0:J'.,
:t.....iii
ai
0:IIII-0:08-1&10:
I-0:
:J0 Qu
oJ0(
0ii:A...
I>-0
QeA
them and give them a total of all that..
Q You think -you spent a couple hundred dollars?.
A Yes,close to that or maybe more.
Q Well,would it be less than $300.00?
A I'm not sure now.
Ti'lorence Courtney
•
Q And why didn't you bring these bills with you this morning?
A They told me just.to take and mark down what I had do.ne.
Q That was your lawyer.told you not to bring the bills..
A No.They had told me before that if I maltked these down,they didn't
say they would need the bills today or I wou ld ~ave brought them.
Q You haven't actually repaired the roof.have you?
A No.All we done was paint that.I bought tar ahd the Mobile Home
Paint and put up there.
Q Have you made any repairs since you heard about this 'law suit?
A As to buying anything.no;only the paint for the rooms that I was going
to pain~:
Q You 'haven't put any repairs on it since the 19th of January.
the deed.
MR.BENEDICT:That's when she got
Q I'm asking her a question~In 1972 have you made any repairs since'
the 19th of January,1972?
A'We have been working on the paneling and that that we had over then
to finish.yes.
Q Now you mentioned something ab~ut you fixed the space heater.Now
you were here when Mrs.Reynard testified•.weren't you?
A -Yes.
Q Well.she said she fixed the space heater pipes'.Now who fixed therh.
you'or her?
hEIDIhECT EXAMINATI0N BY MR:CARhOLL:.
e.
.•..
t",
"
",
A
A
~Q
z.<~A>-III
Z
~.Q
II.
Zg A
Clz
i~Q~
,..:I)'
ii:I-!!!
Q A
oJ<Qg Q.,
:J:~III
uiII:~A0::oII..11I
0::Q
I-0:::loI)
~Uii:...o
Q
A
Q
A
.She probably fixed the one for Mrs.Fines,but I mean for my place
'there,I fixed that one'.
What"did you 'do,just get a new pipe?
,Vile h';d.to pu~the 'vent pipes out through'the.,~liim~eylikeJor'the
air so that when the gas would go through the ch.imneys.
That1s all'you did 'as far as the'city was concerned?
And pu't the trap into the sink.
What did that~ost you,five or ten dollars?
In that neighborhood,I imagine,
S?actually,to take care of tl].e city complaints,you s pent about
$10.00.Isnt~that r~~ht?
Thatts on my part there.
That IS what I mean,.on,your part you s'pent $10.00 to take care o~
the city's drbmplaint.Is that right?
On mine,·yes.
That's all.
".~....-
Now when M;r.Simmons asked.you on cross;examination about the.~.~..
cost,thatrs only the cost of materials,is that correct?
Yes.
Who performed the labor on this ?,'
Well,the boys did the'labor on that.
·.76
Florence ('ourtn~v 77
Q Let me ask you this:whatever labor was perforI?ed in making repa rs,
or maintep.ace,who performed that?
.A My sops.",
Q Mrs.Courtney,I show you nespondentls Exhibit lID"and ask if you
can identify that?
A~
Z<l>Q..J>-IIIZz AIIIll.
i0 QI-eI~:J:
lIl"A<l~
t-=Q~ll:I-III
C A..J<l~rc Q:::l.,
:t.."Atil
uiII:
III Ql-ll:o·ll.III All:
"l-ll::::l0 Qu
..J"<lU Aj;:
\I,0
Q
..
This is the $17.75 that was the tax for recording the deed.
Who did you pay that to?
To Mrs.Wenzel.
Who is she?
Mr.Hoffmann's attorney.
Secretary.
Yes .
What is the date on that receipt?
December 20,1971.
What is that receipt for?
It's for the tax and that to.J;'ecord the deed.
That is as to th,is particular prope rty.?
Yes.
(don't have any olher questions,Your Ho'nor.
ChOSS EXAMINATION BY Mh'.BENEDICT:
Q Mrs.Courtney,you cal~ed me a couple times about making repairs
to this property,flid you not?
A Yes.
r-----------r.--------------------------------
Florence Courtney
Q I told you that aft,er the Court WOlOlliL sign the Order you were pretty
.safe to repair the property and you started these repairs you talked'
,',
about since that time.
A Right.
Q Since you became the owner by---you were owner by the agreement~
an these repairs that you talk of,they were necessary in this house,
that was in July of 1971 orJune of 1971,that's the tim'e you entered
And I told you as soon as I got the Court's Order it would be all righ
~lm trying to bring some fac,ts out.Then at the time in June of 197
"
We object to theMR.SIMMONS:'
I?ut that's all'right;go ahead.
honorable attorney1s testimony here,Your Honor.
Right.
Yes.
Yes.
weren't they?
for you to proceed ~o repair.
"into the agreement.
:!:z~oJ>-mZ
Z~A
'io~Qz%m<t~
~A0:ןm
Q
oJ<t§
Q
:l.,
:I:~Ill,
vi0:'
III~Q '
oII.III0:
I-0::loU
~§,
~A'
o
Q AOnd by the way,the roof,what was the condition of the roof?
A It's bad all on the one side there.It leaks the whole way.
Q The roof leaks through?
A It'leaks thro'ugh.
Q And you got an-estimate 'on that ~nd s~id it wo~ld be $1200.00 to
repair that ,roof.
,------------,-,------------_._---
Florence Courtney
A $1200.00.In fact,I have buckets up there now to catch the water
in the bathroom now."
Q Catching the water coming from the roof?
A That's right,if.it rains.
79
e
:5z0(>.I>-IIIZ'ZIIIDo
i
'0I-I!l
Z
%UI0(
3=
..=uitI-UI
Qe".J0(
Q
Q
:::l.,
%.."N
viIEIIII-0:0DoIII0:
I-0:
:::l0U
.I0(
U.iL
IL0
e
Q Did Mr.Lignelli ever come into the house as far as you know?
A No,he did not.
Q That's all.
hEChOSS EXAMINATION BY Mh.SIMMONS:
Q Mrs.Courtney,even though this room was lealdng"you none the Ie's:;
replastered'it,is that right?
A On the one side it isn't leaking right there.I left one side open that'~
leaking.
Q Now are you still renting this place to Mrs.Fines?
A No~I'm not renting that.ItIS empty.
.,
Q You don't rent Mrs,.Fines the apa:rtment?
A She's rented downstairs all the.time .
Q Right.How much does she pay a month?
A How much does she pay?
Q Yes.
A Does who pay,sir?
Q Pm asking how much rent does Mrs .Fines pay you every month.
A $50.00.
Florence Courtney 80
Q But she always pays the rent every month?
A Yes1but she lives in the lower apartment now.
Q We understand that.-That's all.You haven't rented t~e other apartm nt?
A No.
MR.CAhROLL:If Your Honor please,:n:have,nothing else except I
have Mrs.Courtney continue her testimony as to those items.
if Mr.Simmons objectsl to have the people come in and testify or
would like to be able to produce thes e bills and if necessary,to hav€
supply them to the Court...
Mark 'this please.
.
I will see that Mr.Simmons gets a copy and then
I'd like to look at the bins and if they look reasonabl '"
(Stenographer marks Petitioner's Exhibit 1).
and legitimate,I won't object,Your Honor.
MR.SIMMONS:
~zc(>..I>-UI'ZZIIIDo
Z
g MR.SIMMONS:Clz
i:
UIc(
~
~MR.CAlihOLL:
ll::I-UIa
..Ic(
Qa~.,
:I:I::III
uiII:IIIl-ll::oDo~CONTINUED RECROSS EXAMINATION BY M'R.SI¥MONS:
l-ll::~8 Q I show you Petitioner's Exhibit 1.Could you identify this house on
~Uii:the picture for the Judge please?
II.o
A This is the property right ~ere.
Q Show the Judge please.We'd like to introduce this.
Mh.CAHhOLL:Would you want to
indicate on the,record what!she is pointing to?
".Q She is pointing toth~house that's the subj ect of this hearing.
Mh.BENEDICT:How abou t the date 0 that?
81
THE COUf\T:Approximately when
was that taken?
.
Q This picture was taken in the las t couple months.This picture,Mrs
Courtney,depicts how this house has been for the last several yean,
doesn't it?Nothing has been done to the outside in the last couple
:!:
.Z«~A
IIIZZ~Q
ze
~z
iII)«A~
years,has it?
No,only that the roof was painted there.
I.l m talking a bout the sides of the hous e and the windows',They are
the same as they were,aren't they?
Yes.
of the photograph on the record.
receive the exhibit in evidence and make it part of this record.We
will likewise receive all other exhibits which have been produced by
any of the parties in ev'i<,lence and make them part of the record.
We rest,Your Honor.
The objection is overruled;exception noted.We will
We will receive the exhibit in evidence,
"Iwould like,Your Honor,to object to the admissior
aiII:111~II:oL111II:
~II::JoU...«U~MR.SIMMONS:o
~~THE COURT:
~III~,ME.CARhOLL:«•
§
C:J-I.
:I:I::
N THE COURT:
THE COUhT:This will end our ,testimony.
(Proceedings Closed).
r--------,.......---------------,---------------
I •
Stenographer's Certificate
I hereby certify that the proceedirigs and evidence
are contained fully and accurately in the notes taken by,'me on the hearing
of the above cause,and that this copy is a correct transcript oLthe same.
n ~'i,j 11 -',.• •/]\~!A.A'/f1 ~.V,0 -~.."~
}~)f7icia:tlSteno grapher
(Ja;.cqublne Ha~mond . .!J ''
.'
Certificate of Hearing Judge
The forego!ng record of the proceedings upon the
hearing of the above cause is hereby approved and directed to be filed.
8~
P.V.Marino,J.
I,
(V')
~['j·l.B'j"C l.'f':l;:f +;0 t:':Y~"<&U·J.~.sj 2::;j,.\~!
Z-J
_".L..c
i ~,.---t.;....-.;.
............
;.'.'.'.-
"f.J
.b LJ :.:_,drd .;V ()t..~.o
,e
.---.L ,·_lJrl.b.1l .rj .<J
.,.•
......
~
,,
,..
'.
,
.,1II
I'.'.f t~
..
.f..I'•
'".{
~~..t
.~,'-','
~.",
j,
".t
,.',,'"
-:,..~.;
&)"f '
.,
;.:.
\'I :
.',',-
'"l';....·,
"~'1'~.~~
.'-',
"i 'I
4jJ,'J''~';..
'-','"'.
",,;.'
~'.t.i,_:>0 I'
~.
,\
'f Ii..".\
..,,Jt~,;;:~~~'.f.~
.~.,:'\-
~•I,
.,4 ~.n ~
','"
~-,I~(,'~
,.t-~"~"I.
i:.'l',••..".".~
....,
, "
.,.
.'"I'
,,
,.
.
.,.''t
"'C'.\i>.c.'
;'~.'.'
~.."-".
,.~~:•.1"
,t '.
........,......
,,,;..'~
•'r ._~_,
,.....~'"'R9b&rt~.~.1ll~N 4l¢'d:QctobU.1C~lfiQQ*''and Letter•.Of "
:'."',,'','"'"':,;',:',."..'.','"~.'',,;',,'.-:.:'~.",:.''
"Adm'r1t$traU~n on bla .~~~t ViOl"tasu~'U,bt•.\ll~t.t Lallh'lieJMrf:l.·r.I.'he
·..,:'''d';~~t t~t ~.m.~&'utl~Jol aw~~$1000.00~aad :real ..tat.,,!fl ,th~'Birlt',
, ,.'.:.'',<,'"~.'",,,:..'",i:. '. ., .':< ,•
,'V;ard qf~f~~V~b~la ••*1.t~~llV.tlla.·et)~t.t'n~"Of ..'••UProPWtl'OU th~:
.···\Iortll.;tt lStde of~Q s~et ~..~~u~.::a~~vt~~';t.~~hOIlIi"..'
":'doubtG ,d1to11I'n;'\Oul~~..T~~Ai~~t~i;~atrbt ~~t,r~Into aa ·.~r..m~~t,~~td
:,.....''•jt.-" ,",'.:. .';'•'".',..."'.'.,.',..':.: :
..'lune 8.'1"1.to convtY"lld proti6rt.;..lo .Fiorence'L«.CO\lftn.,lo\"'the .um.
.,.,,~.•r ~.)"'~'I.••.,>,#,r ~• "~:~.._I r ~,,
,}.~.,.~.0'~l0Q0.~•.pI.,at)le'$~O.(JO Ot).,tb~:'t;u~!l'Of the ~e.m.nt altd '100.00,'
"litr:~~tl\'~~t~~i~~~·talt'~.1"1.·,:.:;....',',..",'
'·'.':'i_.'~·',",'."::",',:,,__...•:.':",.",'."';.,
,"-.,M~8.·~9tU"t~.ytoo_·"i;;".8t6n,nt;i.,mber.l.liY11.':tQ
" ";',."".'.,~.~...'':~.'.",'.."~.',".'..',..,
,"pilred.cce of.ald Aqr••met1f••\:4 h"mad.-~Ml".~.~r&to aat4 ptoPtrt,.
",.'~'".~.!•.~-..i-)~/I.:_~..','l-{I~-..,.~,t-'t '.~:;.'
•t·'-~.~~~;,.~..~I:.- ••l~taktfi;pQ.aea.t~i~-r,~.,..,,,':"."
:0::J ,"J4 f •.1I.,'I>'.\.
'..._~'.•..i"K'~.~.,.'•'.':_.,.".•."_,'.'..'._.''A daug~t.roftll.ede.c.aoot,,·141'$.~UtJl AtlnRepar4 QreldaD
".:'\.'.,'..<,"~'''.".' '.•,"'.",.,',..~'' , .
..,(t(tnldtf ·th1.l,.ql';'Jlonotlae h"~lt)eibeen tJl',nJl~r oe'~.am••.TtitAdmtal.lratrlx-\.''.:"~'.-,,.,:'.'.,.':".',..",.'.").".,,'
,'lallfle4th~t8h','ttte4 to ·'~il:.h';·pto'p.l't,tOJ"$10.~OOOt 00 aG4 tt.-llttOIf
;••,,',.':;,'.''.:,.'we''.....;..,.,'••.'',"'j ..'".,
,.:$&,ooo;~,,ut coutd tlt)fQ~f~buJ'~.·'·'S~,'ft~~~jf $Qldtl ,t9 lfra.(;ourtnq....
"'le••,ote~.~~tot:,i.@.OO~4tt~~i~~be"A~tt~t.~A~••lll.~t~·,,'
".......~.\~~1 :,~:".:.'.'.,•.'~'",.:,
,~."""t~"~.}••~.:.,,~.~•
~...f,..,-~
,,,,
.
-'J ,ii,.,
'-;,\i
,.
.,..
,,...
,'
,.,
•'I,~:
,,
','
','
-~::
I
'.
"•.l(,
.."
,"
"i
\"'.~'"
.•...
."..........
.,,"
.
,i'
l
>'."
.,'.
"'
~'...
.;c'•
...:'*>i !
~\.....,1.
,.'"~•l..~.":c.I"'.'..),'.••
~.;-.•-'..I ._.,_J,
~,'.
.,.."'",
.~.,..,:"~.'"
,'\"
.:'iI,.'
,"..
Q'
"I,.{"".,
•'j "~~~.~
/J-:;..,~','..-.'"
',~l ,
..'
-f ~•
\,
I,·
,,
~,.'.'."
;.,..',,,"",,.,:....,-,\:';.,','f'"'.:',"".', ."",",,','
.,:,.",'i:,.':~;.'"",.-:"",',:l;;h,.We(l,l;ft ~,,~tt~lQtrt4~,,~.P9,rt;\tU:tltte,.ul(1b',*~.D.t_'fOrlb9
.\'.'.",·~.:·:li ~.-;."i .oj .:,Y •'''"..~.;. '"~'~.:~'•".',~,-.~....,•..+>_r,.'-."l-:'1'I 'p'..~11 ".,.J l ",'.:.t •.
','t .iIf·~,._,'.-••.,....
to sell utd ffllta•••bd.had plietd It iff the bat1d8 012·,.t .tate·a;"eaete.
',.'",,'•"•.::'.',:>"":~.,.,,',' .',~',.'.'"'.':".
:.'.IDt"C~.f ,At had nGV'.w pfAeed t~..t,n.'I8.,on.t.haad,~:bu~'.ttt~1I1,t4~kcd -t.bO",(.
•i,e".~;~.~.•~-"~,f.oJ:~.~--~"~,,";;•I ~,..'.'\,~'~~\'
"."',·r4't~l1l'~~'\:Pfoptiri,.:,~h'~~·Ut~,p.~mt~t.ed.bllr~~"'nltllthfHt~~""Ubo~t :..
•.'.._.'....'•..,-.'...,.j~',of ~
'"::.'.d~eftliu)tneotf dep.·ndt~von th~,~f~tl.·.,'"t,
..".~~-":~.;.:'~'.t"••,..• "~~...i -',#''.~_.".L_,...~"I..,.....0#'_...,••'\0 ~!..
."'~'''.':',;.'·'ll ~o'••vpe'1"a"lha\tb~:.pr~pert1w.O:~t ,ptAee4 to tht ~_()ftbe ..'
"""""-,,'"-.T'~,:",'..'.,."":-ro_-:'• _.'-,,-.~_•.!;t,,'~~.':.'r-,..'~.._~;.t"'r:"-.It.-..I .,..-,
"~:r.'t.lw~:·ag~ntii ~&I,w~not~,~~p.r't"'~"it~4;tot.·I'le.,..,.,...
'....:Tbe'P\1rcli.a~f"~'~'~;co'~~n8f~~~n:;ttb6\blani.d .f~l"tb18 8Uu.tJ;i~.
",.,,-_',,,'".~r'..",..I",\."._~_'.':...~",...;.,.,i.."','.1 "'..,r."".'11';'••,.-~
';,"'.Sbe ~'d\~.ttH~)'13...~~(t.n(1,~~o,••t~alv.~..~p~ra to lb.fJ bO~t betOr.lb.".."',;"~:':,1,:,".:t:'·.,:,''"",:-,'.~':,-"".";,',,'..',
f •Court orured ..cttatlOn'to tJJlue o~tbe 'Ad.ttUQletntrlX.Ulah Reynard.:to
,.~or '"•, •~......'.••,..•'..'l-'.'".•
~_-.•~~''''''..~.f',,-'.'.1.~,,'•
c c;,'.,enet.ettOG -.h,th~.&te .hould no~be .~.t,ui4e.,"'J-pt't~e heutn9,it develOp$C ..
""~.f·..~.......l !;...',.~",h ~.I!•~
',;"that the Prop,rtf,.Ii.ot .h.nina '~t>ab~ut '8~ooO'.OO•.\,,;••n,DOt ,"Ddt uitl '"
•.~•~'~""J '~r-'t •:"'",,"''".-.~.;.•".";.."sal,'Jo'·temattt ~t!ib..'pr~eni ettua~ttin •."','
.~",
..'~~
"
,"
<.,
.:i.
./".(-.'.~....."
f c ..c '."••','•~.."'.HO$"er;'uta.pourtoey.tb.'p~er.Sbou14 bave 10m.lrOtoctlot
;l",,;-,:~,-'.:','".;".;',1,..(~....".:..,.",'~/•'"j .;:".-., ".:,•••,.:.- ,.
','';v,.'.,"U cOt3atcter ber'{"pH4ltUr~1 tn timo,'~:r'aftd matflt1l.la to "1tof'tb:.'
.-'~'~-r_.f....'-.,"r'"F.t ":...••
,.appnxtmai.l,$1,000.00 fUld,'.tllglv,'hf.\r ~r_ti,tor Ilm.:'ne Pfopjnl'
'.,':'."c~:cc,c"c'c c""'"'\••••(:>,'.,",:,·.~"·,..I·,,:',
:>'.,,must "'SOld _iat"aner p~op.raC1VtrttHPltnt~,Mra.COtlltnn will be ....'
.•.,..''.,"'~.~,"""...,...,.(.1......!~.':.:::;.>..,'.,.,":;'y"..,.,'.~,;, ."'.'
,c,t4l~~.~ttblb.a\1tti._.•l,QOO.op Ui~be4e't'.~tbtitd ~C'tb.pro~tl:a,;'...'".~":.~.t.,)l\"f ~.•t.:,..'..~.':,••
,'..attl sale.~.It ibet$··tbea..4••f~lbtd4er,~~l~pOO.·oo'_ttl b.,d"noted iro);li
ol '.Yt'".,I:!""'.',••'.:"."~..''..~~.~:''''_~'1,~.;.".!•.'.:~..'<
;'':;....."be',.bld'''·,J'fane tJ,J1C~.·Ul••Uce.f$(i1~t~t~".;;i~.,I~~.f.)f.$ltOOO.~··81U'U",
,."•,/'-~r ~'.'-:,'•¥'-"::~~'"...:,:'.'.,,'.':_~t'"'::,&,~"-,\.;o':~\"~:.;..>'''.."..(:_'o'..~·""~"..';.'.~:'~~"~.~...
'.,.t4to·~..:by ·t~t r.pruemat.tV&·Of:the atale.'Mlbllt,-=e'thelt she tbl•·,,.'t.';It •J -'"'.".,._
".,.
'..'.-
-..
...(~,,~,.,~."
;,.
t.~il:~\.),4 , '..',~"'~~',\.~I ,..~.''
".-.
'.:.....(,'•#
".
,'..,'1-',..,..•J ~'I,
~',,•t·'"....
,.l·~".~.";.,"...{
'{..
.'.'.
'.
,i
..\,~-.,,i.;.
~,.,",
','.""t {'
.....,
,''.:...,1~
~'"/",
"
,.,
?•
',,~,I,.~....,...,'"
'..',.
.:'"i j
..
lr "01<
"
.o!+
':
j.,rt
'...~
'.;...
/
t,
.,
,'..
,,.
,,...
-.....
..;._If\-~:"\"<.•-.~.
;.~.''...'~1'
+I,'••Ii-
.r .~
'.'.',
"",":,"'"'.
..':',~.,"
..
;.''"~;~".."..~~.•.,,~...1\
t..,"~_.....
.;,.".,
........~.
-.
....-.;.
;..,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF )
)
ROBERT E.REYNARD,)No.630 of 1970
)
DECEASED.)
EXCEPTIONS TO OPINION OF JUDGE MARINO OF JANUARY 9,1973
1.The Opinion is against the evidence presented.
2.The Opinion is against the law.
3.This case dealt with a conveyance of real estate by personal
representative after petition to the Court and approval of the sale,which was
approved by the Court July 6,1971,and shortly thereafter the deed was executed
I
and delivered to the purchaser.
4.No objection to the sale was filed until December 27,1971.
5.The petition requesting the issuance of the citation was filed
in the nature of "Exception to Order Authorizing Sale of Real Estate".
6.The allegations set forth therein indicated that the petitioner
had no notice of the sale and that the property was of a greater value than the
proposed purchase price.
7.No allegation of fraUd,accident or mistake was alleged and none
was proven at the time of hearing,Tuesday,March 28,1972.
8.At the conclusion of the hearing on behalf of the person raising
the exceptions,the attorney for the purchaser,Florence Courtney,asked for
dismissal of the action.The request for dismissal of the action was made
indicating that no fraud,accident or mistake had been proven and that as to
the purchaser the case should be dismissed.The Court was in error in failing
to sustain this objection.
r
,
.(
)
9.The Act of May 24,1945,P.L.~44,section 1,20 P.S.,section
818 provides inter alia •••"nor the receipt of an offer to deal on other terms
shall,•••releave the fiduciary of the obligation to perform his contract or
shall constitute ground for any Court to set aside the contract,•••"
10.In addition thereto,the Court approved the sale under 20 P.S.
320.541 and als~at 20 P.S.320.547 it is provided that the approval by the
Court and the filing of the bond,or the excusing of the filing of the bond,
shall pass the full title to the purchaser.
11.The Opinion also indicates that in the event of the vitiation
of the sale,Mrs.Courtney should receive only $1,000.00 credit when it is
admitted that she has paid $1,000.00 for the property and the Court has given
her an additional $1,000.00 for the labor and materials.
12.In addition thereto,it was not established at the time of the
hearing that the property was of a value of $8,000.00.
WHEREFORE,showing as above;Florence Courtney requests that the sa~e,
in accord with the law,be'declared valid and that her title be indefeasible.,
~ctfUIIY sUbmitted,
·U::!c~~(
,Attorney for Florence Courtney
N THE COURT OF'COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
I state of
J
ROBERT REYNARDIDeceased
No.630 of 1970
o R D E R
AND NOW,this 11th day of July,1973,it is
irected that the -above captioned ~atter be set for a hearing
on July 25,1973 at 3:~O P.M.before the undersigned.
P.J•....r----
.'.
.,
"
~'t,•
f·1-
.t."
'.I.,.•l'.J ,.-
-"'.~\...
...j .~...'".,-
'.,,-','".'.~{.."-. ..•'i'·..'.",
'"".i :
',:.,\.
, I~.,~,.I '..,
',-
...
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
.Orphans'Court Division
INRE:ESTATE OF )
)
ROBERT REYNARD,DECEASED..)
ORDER
No.630 of 1979
"~.,
•«
t <
• •,..fANDNOW,this 25th day'of July.1973,the:above-captioned
case is set'for oral argument,August 21,1973 at 11:30 a.m.in Courtroom
-No.1.
P.J...,.----+---::~-+--T+_+:.oC-b~=-4:",.,L-+--
I,•.'-,
•.'<:
I:'"-,....
,,.
J.~.'.
"_.;;.,..,.,
,(.I.~
(
"
I ".'~l
f'•.,i._-,,.'
-,
j
"
"
.'
",.l .'I -r~!10 \''."
:,.j 'f,!'t)·
..
ill THE COURT OF CONIMON PLEAS OF WASHillGTON COUNTY,:pENNA.
ORPHANS'COURT DNISION
ill RE:
Estate of
ROBERT REYNARD,
Deceased.
(
)
(
)
(
)
(
ORDER
I No.630 of 1970
WHEREAS,the above captioned estate is currently open;and-
WHEREAS,the undersigned has represented persons who have an
interest in the Estate of Robert Reynard,while serving in the practice of law;
and
·WHEREAS,it is necessary for the undersigned to disqualify himself
to adjudge any of the facts or the law relating to the above mentioned matter;
NOW,THEREFORE,June 2:5,1973,it is ORDERED that the above
mentioned matter be referred to President Judge Charles G.Sweet for proper
assignment to the other Common Pleas Judges of Washington County for
disposition of the same.
By the Court,
,
'j ,....,11 ••
'.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
Orphans'Court Division
ESTATE OF )
)
ROBERT E.REYNARD,)
)
Deceased.)
No.63....70-630
I
I
OR D E R .
1972 is discharged
~~_,1974,come
"...
NOW,tn:is -f.!4-day of -V-~I-I
previously issued on January 14,
AND
the citation
in accord with the Order of Court dated March 13,1974 on the
interest of Florence M.Courtney in the real estate purchased by
her under Order of July 6,1971,situate in the First Ward of
the City of Monongahela being the southern half of Lot No.6
in the Nelson Plan of Lots,is declared valid and indefeasible
and the sale is ratified and confirmed.
.'....,
.,.~'~~,..-...,
J~",'-1'-."-"..-'~l ......,',.-.'
-~
.,'~
.'
-.
,.
IN THE COunT;0'COMMO~;:PL$A$',OP"WA~GTOWCOUNTY~·P~NN'A...c·....,..'
".'."Orphans',Court D1V:lsion,._
."f
"..,
.'.
,.ESTATE ,OF
""-4-;.:~,.,..~-.~.-'"-:4 ,'"~.,.~,{,'.~~
,.,"
.-
:Oi
~i:.:.....'.'-~:J.F
0·.
;:,;,.;.
i.•
..:.......,~.
.,
<
''/s/Charles G.Sweet
' .....'I..•-......r
L.,-".f~~~~.......LT "..~~;..:.."?t-,.;.•
.
.....~;t"'''.;;..;;<1.'"}:L...i~;='7,.~~•
"tr-'..~.........~'-"....>
...',.ft..,p..
..
,,
-..
,.
"":;-
,
'.
'..~....:
:1"",.,,,-j
I.·.:..·•.JA~...f',~l'",
.'
f\,:.'.
",
\''~..
'-$Q
~
1
~
E0.
~
....'",'W;'"
,:.of
.",~
,,
~..,
IN THE COURT OF COMMON PLEAS OF WASHINGTONCOUN~Y.PENNA.
Orphans'Court Division
J
ESTATE OF )
)
ROBERT E.REYNARD.)No.63-70...630
)
Deceased.)
;~,'!:•
AND NOW.this the exceptions are
sustaine,d for :U(::lBS pros.The ex e nt therefore will present a form of
.decree fo~thwith to pronounce the indefeasibility of the title.
,'.I"'"'."
~,",II""-..'"
..
"..
.'
...
"
"
••t'-
,\,""(.
".",I..
.F'•
1'-'1""
,I
,-
i,
~:j ,',,.
',I.
,I.
I 0 ........,r"",''.
"
-
rn
r-,j,"'-';:,
"
,"
;.~
...:::::>.,..."'1";-'-'-(")~:;.:~
9 "":...,/
r-:;;~\j r-.,..l>(f)0..".--
'.<
.'
,
'.
..
IN THE COURT OF CO~~ON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
ESTATE OF
ROBERT E.REYNARD,
Deceased.
NO.630 of 1970
ARGUMENT FOR RUTH ANN REYNARD GREEDAN,
EXCEPTEE TO THE ORDER OF THE OPINION
OF JUDGEP.V'.MARINO OF JANUARY
9th,1973
On or about March 28,1972,at In o'clock,A.M.,a hearIng
was held in the Orphans'Court of Washington County,Pennsylvania
on Exceptions filed by the Firm of Hormell,Tempest,Simmons,
Bigi &Melenyzer,Esqs.,of Monongahela,Pennsylvania,by Paul A.
Simmons,Attorney,representing Ruth Ann Reynard Greedan,to an
Order authorizing a sale of real estate located in the First Ward
of the City of Monongahela,Washington County,Pennsylvania which
was a part of the Estate of Robert E.Reynard.
Letters of Administration were issued to the wife of the
decedent,namely LalahReynard,who filed a Petition to Sell Real
Estate,which real estate is the subject matter of this Argument~
The Petition alleged,among other things,that the real estate
had been placed in the hands of two Real Estate Agencies,and
said Real Estate Agencies:were unable to sell the same and receiv
an offer for the purchase of said real estate.
The Court,by its Opinion of January 9,1973,found as a
fact,after a full hearing,held on March 28,1972,hereinabovet
referred to,that the Administratrix had never placed the sale 0
the subject real estate in anyones hands,but simply talked about
selling the property.The Court further stated that depending
on these facts it had permitted her to sell the real estate with ut
advertisement.It is the Exceptee's posi tion that this was a
fraud on the Court,clearly established by competent testimony
and found so by the Court in its Opinion dated January 9,1973,
which was made a part of the record in this matter.It is the
Exceptee's opinion that the statutory provisions cited by the
Exceptor,Florence M.Courtney,represented by Attorney Frank C.
Carroll are proper,but his exception No.7 alleging that no
fraud was alleged or proven at the time of the hearing was clearly
in error as hereinabove stated.Clearly,the Administratrix had
perpetrated a fraud not only on the Court,but on the Exceptee,
being a primary beneficiary of the Estate and the purchaser who
was directly involved in the sale of the property.The Court
took into consideratinn the fraud perpetrated on the pUTchaser
repre~ented by Frank C.Carroll,Esq.,and stated in the Opinion
that the purchaser should have some protection and gave the pur-
chaser $1,000.00.credit for labor and materials expended by the
said purchaser on the subject premises,this amount was testified
to by the said purchaser and/or proven at the hearing of March 28.,
1972 ..The Court further stated that the purchaser,Florence M.
Courtney would be credited with the sum of $1,000.00 if she de-
sired to bid on the property at a subsequent sale,which had been
ordered by the Court after the same had been properly advertised
according to law.The'Court'further stated that if she was not
the successful bidder at a subsequent sale that the sum of
$2~OOO.00 should be paid to the said purchaser by the Administratr"x
of the Estate at the time she gives possession of the real estate
to the new purchaser.The law in this question is clear that unde
normal circumstances and in accordance with the Fiduciary Act of
May 24,1945,P.L.944,20 P.S.818,819,that when a Fiduciary.
shall hereinafter make a contract not requiring approval of the
Court,or when the Court shall hereafter approve a contract re-
quiring approval of Court,neither inadequacy or consideration or
-2-
the receipt of an offer to deal on other terms shall relieve the
Fiduciary of the obligation to perform his contract or constitute
ground for any Court to set aside the contract etc.However,
the cases are clear that even after payment of the purchase price
and delivery of-a Deed;if there,is fraud,obje~tions to a sale
can be made and the s~le set aside.-It is the Exceptee's position
that a fraud was perpetrated on the Court,the prospective pur~
chaser and the devisees and legatees in the Estate,and therefore,
the sale should be set aside on the provisions of the Fiduciary
Act of the Commonwealth of Pennsylvania and that the Court Order
of January 9,1973 should not be set aside on mere exceptions by
the Petitioner,but should be carried out in accordance with the
Court's direction or placed on the Argument List before a Court
en banc for arguments on the law and merits of the case.
EXGEPTEE'S ARGUMENT
Can the Orphans'Court set aside a sale of real estate after
an Order of Sale has been ordered and the Court later determines
that fraud had been perpetrated on the Court?
The Exceptee;Ruth Ann Reynard Greedan,by her Attorneys,
Clyde G.Tempest and Salvatore F.Panepinto,respectfully state
that the answer iS'in the'affirmative.
It would appear to the Exceptee that the appropriate section
of the Fiduciary A~t of May 24,1945 would be Section 1,P.L.
944,20 P.S.818,which is as follows:
"Contracts;inadequacy of consideration or better
offer.
When a Fiduciary shall hereafter make a contract
not r~quiring approva~of Court,or when the
Court ,shall hereafter approve a contract of a
Fiduciary requring approval of Court,neither
inadequacy of consideration nor the receipt of an
offer'to deal on other terms,except as otherwise
agreed by the parties relieve the Fiduciary of
the obligation to perform his contract or shall
constitute ground~for any Court to set aside the
-3-
/
,-.,._.
contract or to refuse to enforce it by specific
performance or otherwise:That this act shall
not affect or change the inherent right of Court
to set aside a contract for fraud,accident or
mistake."
The Court after a full and complete hearing,heard a duly
licensed real estate broker of the City of Monongahela,Washing-
ton County,Pennsylvania testify that it was his professional
opinion that the value of this property was $8,500.00.This tes-
timony was in no way contradicted nor did any of the Exceptors
present any testimony to rebut his testimony.Therefore,the
Court found as a fact that the property was of a value of about
$8,000.00 which was far in excess of the price which the Adminis-
tratrix had sold the property to the prospective purchaser repre-
sented by Attorney Frank C.Carroll.Incidentally,the Adminis-
tratrix attempted and after perpetrating a fraud on the Court,did
sell the property for a mere $1,000.00.
It is the Exceptee's opinion,and the cases have so held,
that the bidder at judicial sales and/or Orphans'Court Sales,
would be clearly discouraged to make legitimate bids if they shoul
be subject to be set aside.However,all the cases in the Common-
wealth of Pennsylvania frown on actual fraud perpetrated on the
Courts to effectuate a sale which obviously is based on a con-
side.ration eight times less than the appraised value,especially
as determined by a full h~aring before the Court.This type of
fraud should not be condoned under any circumstances and should be
set aside and the pur,chaser reimbursed for any expenses he incurr-
,,
ed as a result of the fraudulent conveyances,which in fact was
done in the present case.
The Exceptor stat ed in his exceptions,that no objections to
the sale were filed :until December 27,1971 even though the Court
had approved the sale on July 6,1971.This was also explained in
asmuch as the Administratrix did not advertise the sale of this
real estate nor was any notice given to the Exceptee,being a
beneficiary of the ,Estate as required by law inasmuch
-4-
as the Administratrix had perpetrated a direct fraud on the Court.
It is not unforeseeable that such a fact would not be received by
the beneficiary for ~bme five months after the Court Order if no
notice had been given to her as was brought out in the testimony.
This objection of the Exceptor is totally without merit.The Ex-
ceptor also alleged that no allegation of fraud was proven at the
time of the hearing held on March 28,1972.Thjs allegation is
clearly a mistatement of the facts.
The Exceptee's Petition,par~graphs 5 and 6 both indicate
that a fraud had been perpetrated on the beneficiaries by alleging
that the subject real estate was worth many times $1,000.00,which
was offered by Florence M.Courtney,represented by Frank C.
Carroll,Esq.The exceptions filed by the Exceptee further state
that she was advised and believes that the purchaser in fact paid
more than $1,000.00 for the subject property,but only $.1,000.00
Was deposited in the"Estate ,clearly'this is an alleged fraud.
As for fraud being proveriat the hearing on March 28,1972,the.,
Court declared it as'a fact that a fra~d'had been perpetrated on
the Court and the Court would not have permitted the Administratri
to sell the property without bond had it known the true facts of
the case,but only permitted the sale relying on the false state-
ments of the Administratrix.
It should be noted that the Court ,has in this instance by
Court Order directed the filing.of this Brief by the Exceptee even
though the Exceptor being the moving party was told by the Court
not to file a Brief.An undue burden has bean placed on the
Exceptee to file this Brief without the benefit of the Exceptor's
Brief which should be filed in support of his exceptions.However
the Exceptee does hereby request the Honorable Court permission to
file a Supplementary Brief if and when the Exceptor does file his
Brief in support of the exceptions filed by him.
-5-
•c-~.
WHEREFORE,it is respectfully requested that in accordance
with the facts set forth hereinabove,the Court Order of Judge
P.V.Marino,dated January .9,1973,the laws of the Commonwealth'
of Pennsylvania appertaining thereto,that the Court Order be fully
complied with and that if Exceptions be filed that the Exceptor
perform in accordance with the laws'of the Commonwealth of Penn-
sylvania and set this case down for argument on the law and merits
of the case.
.,Respectfully submitted,
CLYDE G.TEMPEST,ESQ.
SALVATORE F.PANEPINTO,ESQ.
.,.'
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
ESTATE OF
ROBERT E.REYNARD,
Deceased.
)
(
)NO.63-70-630
f
PETITION TO VACATE ORDER AND REQUEST
FOR ARGUMENT ON THE MERITS
The Petition of Clyde G.Tempest,Attorney for Ruth
Greedan,in the above-captioned matter respectfully represents
as follows:
1.That he was employed by Ruth Greedan to set
aside a conveyance from the Administratrix of real property situ-
ate in the First Ward of the City of Monongahela,Washington
County,Pennsylvania,on the ground of fraud and gross lack of
consideration.
2.The Orphans'Court,by the Honorable P.V.Marino,
after testimony and evidence taken,set aside said coriveyance of
real estate.
3.That Frank Carroll,Esq.,represented the Grantee
in said case,filed Exceptions to the Order of the Hon.P.V.
Marino.
4.That Walter F.Mauersberg,Esq.,then an employee
of the Firm of Hormell,Tempest.?~Simmons,Bigi &Melenyzer,was
assigned to said case.
S.In due course.,unknown to your Petitioner,Walter
F.Mauersberg was directed by the Court to file a Brief in regard
to the matter sometime in September or October of 1973.In
\
.'
.~)
August of 1973,your Petitioner was hospitalized with a serious
illness and was continually in the Hospital until Ocbber 28,1973
and after said time was bed-fast at home until January 3,1974.
6.That on or about September 6,1973,while your
Petitioner was in the Hospital and without the knowledge of the
Petitioner,Walter F.Mauetsbe~g,Esq.,was discharged as an
employee of the Law Firm of Hormell,Tempest,Bigi &Melenyzer.
7.As a consequence of said discharge,all of which
was unknown to your Petitioner,the said Walter F.Mauersberg,
Esq.abandoned the Reynard Case and did not furrher pursue the
matter,all of which was without the knowledge of your Petitioner
who was then hospitalized.
8.That on or about S~ptember 31,1973,certain mem-
bers of the Firm of Hormell,Tempest,Bigi &Melenyzer elected to
dissolve said Partnership,and the Reynard Case which was in the
Office of your Petitioner,was left unattended to under all of the
circumstances.
9.That your Petitioner's Office at no time received
a copy of a Brief from Mr.Carroll or a copy of an Order of Court
in regard to this matter,even though Mr.Carroll was the moving
party and it was necessary to have a copy of his Brief before your
Petitioner can properly file a counter brief.
10.Further,your Petitioner at no time was advised
or knew of the fact that an Order dated March 13,1974 was to be
entered,and Petitioner is advised and believes that a copy of
said proposed Order was sent to the Office of Herman Bigi,Esq.,
whose Office sent it to the Petitioner's Office after it was too
late to appear in Court in regard to the same.
-~-
...
WHEREFORE,your Honorable Court is respectfully re-
quested to vacate an Order entered March 13,1974 sustaining for
non pros,and your Honorable Court is further requested to set a
date for a hearing in this di novo,and further the Court is
requested to set a date for argument on this matter at the Court's
convenience.
Respectfully submitted,
~~~,
/
-3-
•,..
A F F I'D A'V .T T
,I
COMMONWEALTH OF PENNSYLVANIA )
(SS:·
COUNTY OF WASHINGTON )
Before me,a Notary Public,in and for said County,
~personally appeared CLYDE G.TEMPEST,ESQ.,who,being duly
sworn,according to law,deposes and says that the facts set
forth in the foregoing Petition are true and correct to the
best of his knowledge and belief.
before me
1974:y
CARMEN M.DiGlOVANNf
Notary Public,Monongahela.Washington Co.
My Commi ssi on Exp ires :'My Cammisslon Expires lUll(7&1975
••..
.....'•
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
ESTATE OF )
(
ROBERT E.REYNARD,)NO.63-70-630
(
Deceased.)
o R D E R
Order of Court
1.
matter will be heard
day of '---------
AND NOW,this ._._._day of .-------..,....e.:::::..-.-
entered March
upon
dt novo by the
1974,at
Charles G.Sweet,P.J.
April 11,1974
The undersigned has before him the foregoing petition averring some form
of neglect of counsel.I am not sure that all of these averments are
specifically correct as drawn,but there is no need to act on this petition.
On April 3,1974,after talking to Mr.Carroll,I granted a period of 20
days "...until April 23 at noon for the exceptee herein to make appropriat
submissions nunc pro tunc."These should contain reasons,if any,why
the exceptions should be granted or refused.I do not contemplate oral
argument,unless the matter is unclear or seems too complicated,and
will atteITlpt to adjudicate this whole thing by the end of April,1974.
-,-,
,.
--.'-
I",r ,,>!
1'1!
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
but the ground of revoking the conveyance on the part of fraud
No.63-70-630
Deceased.
ANSWER TO PETITION TO VACATE
)
)
ROBERT E.REYNARD,)
)
)
ESTATE OF
property.
II
I
I
1.It is admitted that Mr.Tempest may have been emPlOyed,!
I
I
or gross lack of consideration is unknown to the purchaser of the III
2.Admitted.
3.Admitted.
4.Admitted.
5.Admitted,except as to whether or not the filing of
the brief was ·unknown to t;he petitioner is also unknown to the
undersigned.
6.Admitted.
I
7.Proof of the facts set forth in paragraph 7 is demandeq..
;
I8.Proof,f'of the facts set forth in paragraph 8 is demanded.
9.It is admitted that no brief was filed but none was
required,Mr.Mauersberg was requested to file a brief,not a
counter brief.
10.
I
II
Wherefore,by answering this petition,your Honorable!
Court is requested to deny the petition as filed and confirm the
Order previously entered on March 13,1974.
Fr~nk C."Carroll
Attorney for Florence Courtney
.'
<,,
,\
~.•••.J \.
~
IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
NO.630 of 1970
ESTATE OF:
ROBERT E.REYNARD,
Deceased.
~
SUPPLEMENTAL BRIEF OF
RUTH ANN GREEDAN
o »(1»>
J:~»Or'<:0 :.:0~::z »:O:E~-I~»»o(J)z ;0.~~0 ITlz z 0~~O"TI-<0 c ..r Z Z<Ul."»»III U~~.b »»z:oZcP1U1(11~1Jo -~~Z~d ---':::::0::>rll ::tJ
(f)GJ C==-(,'").:::(~(-,
J:'_-.'I
I)''~1-,','
,-")....~.,;--"",g .r·~;~.~--."~
r-:'':-n r-<:):t>()~
..
-.I-r;:."
(."r-r,
."V
:')
,~
l".Jen
i--
,,_...t ~
c:
'"
".\
<-SALVATORE F.PANEPINTO
ATTORNEY AND COUNSELOR AT LAW
411 WASHINGTON AVENUE
CHARLEROI,PENNSYLVANIA 15022
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
ESTATE OF :
,
ROBERT E.REYNARD,
Deceased 'e
}
)
)NO.630 Of 1970
)
J
SUPPLEMENTAL BRIEF OF
RUTH ANN GREEDAN
Robert E.Reynard died on October 16,1969,a resident of
the City of Monongahela,Washington County,Pennsylvania.Letters
of Administration were issued to the decedent!s wife,Lalah
Reynard,who filed a Petition to Sell Real Estate with the Orphans,
C~urt of Washington County,Pennsylvania at No.63-70-630.
Among the allegations in the Administratrix's Petition
was Paragraph 5 which states:
5."That your Petitioner in endeavoring to sell
the said real estate has had it placed in the hands of two real
estate agencies."
The Court hearing the testimony of Petitioner on Mar¥h 28,
1972,found that:
"In fact,she (p'etitioner)had never placed it in
anyone's hands but simply talked about selling the property.The
Court permitted her to sell the thing (propertyr without advertise
ment,depending on thes e facts ..-'\
'\!
"
It now appears that the property was not placed in the
hands of real estate agents and was not properly advertised for
sale."
\
-1-
~-~--..
her position and sought to protect her interest to the full extent
of her investment,even though as she testified (page 73 of
record)of the March 28,1972 hearing,she refused to respond to
Mrs.Greedan's inquiry about the sale of the property and cursor-
ily referred Mrs.Greedan to Attorney Benedict.
It is apparent from the record that Mrs.Courtney's
premature repairs prior to the actual sale of the property support-
ed by the Petitioner's erroneous averments in the Petition for
Sale allowed the Court no recourse other than to set aside the
sale.
It is therefore respectfully requested that this Honor-
able Court uphold its decision of January 9,1973,wherein the
sale of the subject property was set aside and that the Court
order that the property be sold again after proper notice and
advertisement.
-3-
•
In essence,the Court had relied on the averments contained
in Petitioner's Petition for the Sale of Real Estate and granted
her the right to sell in reliance on these averments.
Only after hearings on the exceptions to the sale were
held,did the Court recognize that a fraud had been perpetrated
on the Court.The Court properly recognized the mandate of the
statute which st~tes:
"...When a fiduciary shall hereafter make a contract
not requiring approval of court or when the court shall hereafter
approve a contract of a fiduciary reguiring approval of court,
neither inadequacy of ~onsideratton nor the .rece~pt of an offet+to
deal on other terms shall,except as otherwise agreed by parties,
relieve the fiduciary of the obligation to perform the contract or
to refuse to enforce its specific peFformance or otherwise;
Provided,that this act shall not affect of change inherent
right o£a court to set aside a contract for fraud,accident or
mistake ..."
Act of 1945,May 24 P.L.944 Sec.1,20 P.S.
Sec.818 (Emphasis added)
We concur with learned opposing counsel and his citations
that support his premise that the Court cannot set aside a contrac
on the basis of a higher offer being received or the property not
being of adequate consideration.
However,we can only'concludd from Judge Marino's opinion
that he was convinced that there was clear and satisfactory
evidence that a fraud or unfair means regarding the Administratri 's
sale of this property existed before he exerted his statutory
right to set aside the contract.
As to the purchaser,Mrs.Courtney,the Court recognized
-2-
Ji\ffiilunit (@f Exerutnr (@r i\bmitttstrntnr
~S -7t)..f:,3 t>FLORIDA
~tatt of '~l1ia.t 55-
Q1oUl1ty of .iI~S ~-
P all 'b f h d . . d h'No tary"Pub1ic .d f 'dersony e ore me,t e un ersigne aut Oflty,a.m an or Sal
County and State,appeared 1!~J~.h R~.Y.n{!!.g Adm:i:ni.s't.ratTi'XVho,being duly
sworn according to law,deposes and says that S he is the ~XIt~llOXof the estate of
...~9.~.~.E.~~.~~~.Y..~~.~.~deceased,that the foregoing schedules constitute·a
complete inventory and appraisement of the real and personal estate of....R.Q.P..~!.1;E..,R~y.nJu·Jl.,
deceased,except real estate outside the Commonwealth of Pennsylvania;that the figures opposite each item
of real and personal estate in the foregoing schedules are determined and stated by the undersigned to
be the fair value of said items as of the date of the decedent's death,based upon a just appraisement of each
item made by the above named ~:ire<~Administrator.
day o~=.~7.~.:;.~~;:~:~;Z.~:this~JL..),.I!~.~~!.~7/.~~f!lo~...._...
............:-~i!~c;~)V
Notary Public,State of Florida at Large ADDITIONAL INSTRUCTIONS
lAllA r.gmmioc:ir)l'\Exllires 2S'oJANf·ll,9.afli ·th·h h f .fl'1.nil'lnventorymust e 1 e WI In tree mont sater appomtment o persona representatIve.
2.A supplemental inventory must be filed within thirty days of discovery of additional assets.
3.1 Original and 2 Copies and 2 RCRI-34,Under $10,000;1 Original and 2 Copies and 2 RCRI-33,
Over $10,000,including Copy of Will;1 Original and 3 Copies and 2 RCRI-33,Over $50,000,in-
cluding Copy of Will and copy of Federal Estate Tax Return.
REFERENCE FOR ADDITIONAL COPY
Act of 1947 P.L.513 Sec.5.2,72 P.S.4844.2
lIUUtutnryuult 1\pprui!itttttut of the goods and chattels,rights and credits which
were of ~QP.~.E.;~.~R~.y.P.:~.!:~L Jate of c..!~.Y.QJ.M9..n.Qng,~h~J~L ..
Washington County,Fa.,taken and made in conformity with the above affidavit.
DOLLARS CENTS
gERSONALTY:
Account in Pittsburgh National Bank $941 24
Rent from Mrs.Florence Courtney from November 1,
1969,to November 1,1971 (24 months rent)1,308 00
Rent from Mrs.Mary Fine from November 1,1969,to
November 1,1971 (24 months rent)884 00
TOTAL PERSONALTY $3,133 24
REALTY:
Real Estate situate in the First Ward of the City of
Monongahela,Washington County,Pennsylvania,being
the Southern one-half (1/2)of Lot No.6 in the
Nelson Plan of Lots.Sold-to Florence M.Courtney
by La1ah Reynard,Administratri.x of the -Es"tate of
Robert E.Reynard,deceased.$1,000 00
TOTAL INVENTORY $4,133.24
''tel ·'O~)t.:.NIHSV;,\
:::-1"1'II ~.'J I C·I"J \.1""I I ..' .1 L,,-,V t.J
CNt',~:'r ~~t -I -~~r;Sfllj
".
~...~
r
....:.~~~<::l~~....~c~~
~
~~~VJ ::t.~::t."'3-"'3-~~r~...">
0 ~
I~,~:~~"~l....~
*'F .......
i w 0
~0
}J
01 UIJjf;r,83J SL81
.",
"-"''!o.
--J
tIII
FL-~/ll 0.4-
STATE OF P-E~n4SYLVANIA,
WASHINGTON COUNTY;
{?;J./eu/f5 0 (Jrr/
}55:
The within named Accountant being duly sworn according to law,depose and say that the above account
as stated is true'and correC'tas __._...__._verily believe,
.-d-'
Sworn and subscribed before me this.....JI..=.....
day of ~19..1.2:-=.
"~:1~;.:rid••.-.,,,,,........./;I-":~'mm;'.onupj,,,FEB.22.'914
J~(f{Ld/1A~CdXrJ..·~···············'"·Fo-'.~~~
Warshington County,ss:I do certify that I have given legal notice to all persons
concerned of the filing of the within account in the manner
prescribed by Sta'tu1te and Rule of Court,as evidenced by proofs
thereof filed to No,._fR..~.-:..z.~-:J.~__,
Witness my hand and official 'seal this £.
J
~~=oj...,
l:I
0 ::;0
""<)
0 <)~~~I-.I-.OJ 0 C\J'""""Q ~
0 OJ f:iI'<:)~~I-.iE 0 N...,
0 ...,t Ilt~~
Jil r<'\
"0 \0l:I ~oj
I-.~ill...,
rJl'MOJP::~
day of _._..~:-.--..-.-.---------..19·-1£"
~//-~~....._L~_._._._..__.._.._.C/
Register of Wills ;on
-
.-...-
\n:
:r-:
if5
Y(i:$:
iN
""o,
PI~.~~
>t ~:rxl H @
~:~\~~:~:&1~[:~8[~[8[::X::
(:ili u.l[~l=Q:0:.::t-.::IOiHi~~j ~;t-.::I
-_...---.....-
(),
e>
~()i
~.~tI"''-'J
-.!
oj
c-i
I j
~~oz
,,~.J
--_.----------------------."
,-'
j
4r,.
\-A'."-.,:-:
r
...•
1
,._J ,-."
"
:t ,.,.~-~'
~
,•
The Court is respectfu Ily requested to determine
proper distribution il'))this estate.
?<~
for Accountant
"
J
.-
The First and Final Account of La1ah Reynard,
Administratrix of the Estate of Robert E.Reynard,deceased,of
~9nongahe1a,Washington County,Pennsylvania,
The Accountant Charges as Follows:
As Per Inventory Filed:
TOTAL ASSETS OF ESTATE
TOTAL AMOUNT OF CREDITS CI..AIMED~BY ACCOUN'f
BALANCE DUE
$4,133.24
$4,133.24
$2,690.53
$1,442.71
"
-'t,'•
The Account nt Claims Credits out of the Assets of SAid Estate,To-wit:-
:DATE PAID:NAME OF PAYEE REMARKS :DOLLARS :CENTS
Register of Wills Letters of Administration,
etc.
Daily Herald Advertisement
Washington Co.Reports Advertisement
F.J.Buckley Agency Bonds for four years
1970-71 School Tax
1970 City Tax
1971 City Tax
1970-71 County Tax
32.00
12.50
14.00
240.00
229.32
65.00
72.00
71.80
Joseph D.Sevick Plumbing 115.91
Washington Co.Tax Claim Bureau Delinquent Tax 176.93
Joseph J.Benedict
Transfer fee on Deed
Lalah Reynard
La1ah Reynard
Joseph J.Benedict
Register of Wills
Notary Public
Petition-far-sale of -real
estate-costs and'fee
Widows Exemption
'Administratrix fee
Attorney's Commission
Filing Inventory and Account
Notary fee
TOTAL
200.00.......j -.....-
10.00
1,000.00
206.66
-'206.66
34.00
3.75
$2,690.53
i··-
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 WaShingtof ss:
State of Pennsylvania
Personally·appeared before me,a Notary Public in and for said county and state,
))<:In.Il:a.~~_!,_~_~_~~c:ky,who,being duly sworn,deposes and says:thaL__I:lI:1~is
the Legal-Adver-t-iser of The Daily Herald a Pennsylvania COQ>Ofi
tion,and its agent in this behalf:that.the said comJ:ltmy is the publisher of The Da~y
Heraldpublishe~daily except Sunday .aving its place of business at
Monongahela Pennsylvania;that the said newspaper was
establishea in the year of l846'fhat the printed notice or advertisement,attached hereto
is a copy of a notice or advertisement,~xactly as printed or published,which appeared
in the said newspaper in its regular issues on.the followin~dates:
May ..2_2 ,_2.9_.Md..June .5..,_1970_-··-··-·------------··--·-····r·----.---.----.--------.
that the affiant or the corporation in behalf of which .....~~~-........is acting is not inter-
ested in the subject matter of said notice or advertising and that all of the allegations of
this affidavit as to the._.~i=~:...~~~~.the blication are true.
Sworn to
KENN.EIH B;WALTERS,Notary Public~~-'~~~~~~--'!..::::..e-..kfi~(&4~~~~----:M=nlQtlongah:ela,Washington County,Pa.
Notarv PUl)1Je . .24 1977.My Commission Expires Jan.L •
Washington County Reports
Washington,Pennsylvania
(PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION)
PROOF OF PUBLICATION
In compliance with the Newspaper Advertising Act of May 16,1929,
P.L.1784 Sec.3,paragraphs (3)and (25).
COUNTY OF WASHINGTON}88.
STATE OF PENNSYLVANIA
Personally appeared before me,a Notary Public in and for said County
and Commonwealth,CHARLES C.KELLER,who,being duly sworn,deposes
and says:that he is the Editor of the WASHINGTON COUNTY REPORTS,
the officiaJI legal periodical for said Washington County,published weekly
having its place of business at Washington,Washington County,Pennsylvania,
and is acting as its agent in this behalf;that the said WASHINGTON
COUNTY REPORTS was established on March 31,1920,and was designated
as the official legal publication for Washington County,Pennsylvania,by order
of the several courts of said County,dated November 11,1920;that the printed
notice or advertisement attached hereto is a copy of a notice or advertisement,
exactly as printed or published,which appeared in the said legal periodical in
its regular issues on the following dates:
May 28,1970
Estate NotIces
The Register of WiHs has granted
letters,testamentary or of administration,
in the following estates.Notice is hereby
given to all persons indebted thereto to
make payment without delay and to those
having claims or demands to present
them for settlement to the Executors or
Administrators or their Attorneys.
REYNARD.ROBERT E.,Dec'd.
Late of Monongahela,Washington
County,Penna.Administratrix:Lalah Reynard,117
Elmcrest Ave.,Monongahela,Pa.15063Attorney:J. J.Benedict.252 W.Main
St.,Monongahela,Pa.15063
......................J.~g~:i ~J.,J:.21.Q ..
that the affiant or the corporation in behalf of which he is acting is not
interested in the subject matter of said notice or advertising and that all of the
~~..:.~of tbk "'id.""u to tho /i;""",d d=.-ff'j PUb~
~~
Sworn to and subscribed before ~~~
....?.~.f.g day of ~?:.~~.~!.y ,1Ii!.?.~~-I~~~~
.~OSEPHINE T.SCIAMANNA
Notary Public.WaSlli:l!',lon,':lnslli,,:IGn Co.
My Commission Ex;'rcs :Jly 1;1373
'~.IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
NO.63-70-630
IN RE:Estate of ROBERT E.
REYNARD,deceased
OBJECTIONS TO ACCOUNT
»(I)
o ~»~0'":u~:u<r - z »fl1 -fl1 ':u~-<-I 'f~»»o .enz:U'~!0 PIzz0z·~0 'TI~0 c •-.z z<.'I en "'0-~~~»-fl1 0 Z»z :0C PIU1fl1~"Uo -III r Z
I\)»-1~0
...
"
It ,I
c::::J.~.~~
"~.'~'
.',
I _.
c-
J
..-.)
<--
,
I
9
SALVATORE F.PANEPINTO
ATTORNEY AND COUNSELOR AT LAW
411 WASHINGTON AVENUE
CHARLEROI,PENNSYLVANIA 15022
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
Estate of ROBERT E.REYNARD,
deceased.
)
)NO.63-70-630
)
OBJECTIONS TO ACCOUNT
TO THE HONORABLE,THE AUDITING JUDGE:
AND NOW,this 21st day of May,1975,RUTH ANN GREEDAN,as
heir of the decedent,ROBERT E.REYNARD,objects to the account
filed by the Administratrix of the Estate,LALAH REYNARD for the
following reasons:
1.That the Administratrix in the administration of the
estate sold a certain parcel of property under Articles of
Agreement,dated June 3,1971 to Florence Courtney for the purchas d
price of $1,000.00.
2.The sale price of the real estate does not reflect a
true market value and further that the sale was made on the basis
of an Order issued by the Court subsequent to a hearing in which
Judge Marino found that testimony of the Administratrix was
erroneous and fraudulent.'
THEREFORE,the Objectant,Ruth Ann Greedan requests this
Honorable Court to order the Administratrix to establish and prove
that the transfer of the subject property was a valid transfer
entered into for a true and fair market value of said property.
...~~--
COMMONWEALTH OF PENNSYLVANIA )
)S5:
COUNTY OF WASHINGTON )
Before me,the undersigned authority,personally appeared
RUTH ANN GREEDAN,who,being duly sworn according to law,deposes
and says that the facts set forth in the foregoing OBJECTIONS
TO ACCOUNT
elieves.
WORN TO AND SUBSCRIBED
efore me this~day
f ?jUF-'1975,~
VI~~INIA CREA,Nof~ry Public
North Charl&Toi,Westmoreland C""p••w.-;CQrn.rninlon expIres April 17,1977
.'
are correct and true as she verily
~~~d&J~RU[H ANN GREEDAN
ESTATE OF:
RomERT E.REYNARD,
Deceased
}.
)
}
)
)
OR D 'E.R
,NO.63-70~630
J'
"
AND NOW,this 7.thday of Ju1y,'1975,it is.,
directed that a hearing on the above captioned matter will be
held the 14th day of~t at3 :30P .M.before the unde·rsigned.
.'J.
,,..
I '\.
,..
,.
......1
'.
to.~"1
f
=€#I\)..
\J1o
f '"'.
,"
11h
t It
Ii,
\ i
;:0
51 0'1~\.>II1-3 ~trJ I•0'\~~
!-§..-...
'..~.,'.
"
,'
'\
i.
i''
"
-'.
.k'',"
(,-
~,-_....
<"~)
""
....-'"J
c-;
C','
'"
ESTATE OF ROBERT E.
REYNARD,
Deceased.
'JOSEPH J.BENEDICT
ATTORNEY'AT LAW
MONONGAHELA,PENNSYLVANIA 15063
ANSWER TO OBJECTIONS
IN RE:
IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS 'COURT DIV.
No.63-70-'630
~.,
:1
~,,
!
....\'
"\
...~,.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:)
··ESTATE OF ROBERT E.REYNARD,)No.63-70-630··Deceased.)
ANSWER TO OBJECTIONS
TO THE HONORABLE,THE AUDITING JUDGE:
AND NOW,this f vIt day of .~,1975,LALAH
/}01/REYNARD,Administratrix,by her attq1ney,JOSEPH J.BENEDICT,
makes the following Answer to Objections to Account filed in this
matter.
1.Paragraph 1.is admitted.
2.Paragraph 2 is denied in that the Honorable Judge
Sweet reversed the Order issued by Judge Marino and no appeal was
taken therefrom.
WHEREFORE,Lalah Reynard,by her attorney,Joseph J.
Benedict,asks dismissal of thessaid Objections filed at the above
number and term.
Respectfully submitted:
~Jo~li J.Benedict,Esq.
tV
-----------------------------------.----
.~..
••.to •
COMMONWEALTH OF PENNSYEVANIA )
COUNTY OF WASHINGTON )
SS:
Before me,the undersigned authority,personally
appeared JOSEPH J.BENEDICT,who,being duly sworn according to
law,deposes and says that the facts set forth in the foregoing
Answer to Objections are true and correct as he does verily
believe.
SWORN to and subscribed
before me this Cb day
~~+:-_,1975.
"ARION E.COW"':'::.~Jotary Pulllic
Llonongaheia,w~"t>iO""1n Co.,PlI.
:try .C...r"'iss I '.'pires .
July:•.1'77
SALVATORE F.PANEPINTO
~
..~,.....,.J (,~.I
'i..J -.--l:;...:
.r~
\.
ATTORNEY AND COUNSELOR AT LAW
411 WASHINGTON AVENUE
CHARLEROI,PENNSYLVANIA 15022
IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
NO.63-70-630
IN RB:Estate of ROBERT E.
REYNARD,deceased
OBJECTIONS TO ACCOUNT
;/
~•
~1
,..,
..
SALVATORE F.PANEPINTO
ATTORNEY AND COUNSELOR AT LAW
411 WASHINGTON AVENUE
CHARLEROI.PEN~~SYLVANIA 15022
j
II \riIi
I
I;I
I
..
•'''-j~:.2"{,..'y'NO.·63-70-630
)
I'
..~
",,·f
I J.~--.f>
and'frauduLent.
I
,.
ORPHANS'COURT.DIVISION
:1-
,
'-
!•.
entered into for a true and fair mar~et value of said property.
:....
'",~
crToncous
OBJECTIONS TO ACCOUNT,
true market~value and further that the ~alewas made on the baSis
of an Order issu,ed by the Court subsequent to a hearing in which
I
2.The sale price of the real estate does not refrect a I
i
I
.1.
i
I!
THEREFORE""the Objectant,Ruth Ann Gteed'an:requests this I,!
Jionorable Court to order the Administratrit to establish and prove I
that tIle transfer of the subj ect property was a valid transfer .,
Judge Marino found that testimony of the Administratrix was
!AND NOW,this 21st day,of May ~1975,RUTH ANN GREEDAN,.as I
I
I
I.!
1.That the Administratrix in the administration of the .1
1estatesoldacertainparce1!of property under Articles of
I I
Agreement,date~June 3,1971 to Fldrerice Cou~tney for the purchas~d
i
following reasons:
IN RE:
,Estat'e of,ROBEl~.T:';E..RE.YNAJm,,.,
dece.ased.'
TO THE HONORABLE,THE AUDITING JUDGE:
heir of the decedent,ROBERT·E.REYNARD,objects to the account
filed by the Administratiix of the Est~te,LALAH REYNARD for the
.price of $1,000.00.'
\IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNty·PENNSYLVANIA.,
tt'."
',,}...,..
:r
'.~,.,'
",.'
.'t·
i•,
II.,!
..'j
III
.','I;::';'fi.··~i •
::~~~j.~,"(..,.~'
!
II!I
II
!
ii'1III;
I,
1Ij
,~..'.1....:,'•.;
.~,':'.'.',.
,}.',",:.
<'.
)
.)E;S:.
)
;j"':
".':,.
are correct and true as she verily
,.",,·:,ii,};:":'#::!':1;~:%~'%~'
".,.'
.'~,
'<It"
TO AND SUBSCRIBED
TO ACCOUNT
I!\i,,,!$:.1 '<0'
I
I,j
I
Ii;
!
Before me,the,undersigned authority~personally appeared'
.IUTHANNGREEDAN,who,being duly sworn accordlng to law,deposes •
elieves;
COMMONWEALTH OF PUNNSYLVANIA
COUNTY OF WASHINGTON
I
and $ays that the facts set forth in the foregoing OBJECTIONS
..., •~~.r >'
,:",:.
~':......,
,'\.."',';.,,"~,.,:..,/
,
i
IiIII
IiI!,
,I
!IIIIii!II!!
,..f'
'j
...J
...
'~."
'i ,J
II.I
I·1
I
II
III.I
I'IIII
II
I
I
I
,"
{,~'
.,:,'.-.,\'
,i
,",~"t.~~~
'~i
;'.,,-;.
~''"o~;,...
j
~u t1}t Q!nurt uf Q!ummnu VItus nt mtts~iugtnu Q!numy,
'ruusylttttuiU <l'rpl1nU119 Q!uurt littil1inu
ESTATE OF
ROBERT E.REYNARD,
Deceased.
N 63-70-630o._--'-.;;......~--"-':....:...._
Inthematterofthe First and Final
Accountof La1ah Reynard,Adminis-
tratrix of the Estate of Robert
E.Reynard,deceased.
ADJUDICATION AND DECREE
An now l ,19-.l.2,this matter came on for hearing,
audit and distrib 'ion of this session and testimony taken;and thereupon,upon due consideration
there(t ?!8tl'efflance r distribution in the han~s o~the Ac.countan~is deter~i~ed to be
$ , •,and the account IS accordingly confirmed;and It IS ordered,
adjudged and decreed that the said balance be 'paid out by the Accountant in accordance with t .
schedule of distribution hereto attached and made a part hereof,unle xce'ns hereto,f
SeC.reg.or an appeal be taken herefrom sec.leg.,
t ...,
SCHEDULE OF DISTRIBUTION
Baklnce per account------c-_---c-__---I $1,442.71
Additional credits -Audit '
:...'
.$60.00
Balance,1 $1,382.71
Deduct Clerk's Costs &Receipts,,
Attorney -=J=--=o=--=s=--=e.....p...:.;h"--='J..:..--=B~e_.;....;n_=_e...:...d.=.ic_=_t~__,__------I
Municipal Authority of the City of Monongahela,
Sewage Lien No.101 May Term,1966,M.L.D.
Bebout ,&Yohe Funeral Home,funeral expenses
Dr.N.G.Golomb
Drs.Pirris,Ruben and Underwood
Bell Telephone Co.
Joseph D.Sevick,plumbing contractor
La1ah Reynard
Ruth Greedan
Estate of Oliver Reynard
262.31 1,120.40
974.00 146.40
72.00 74.40
30.74 43.66
3.83 39.83
192.73 -152.90
-0-
-0-
-0-
"-'\,
N~63-70-630
In the matter of the First and Final
'-r-••"
Account of .Lalah Reynard,
Admin'istratrix
of Estate of Robert E.Reynard,
Deceased.
J\bjubiratinu aub,Itrttt
-,
..jS
~-.:.-:r.~:::t.1
B'~f~
~.........__~r t
r...:rr ....-.~~.~
~,~~r·~~
!
1/i'/7iS"_.
,
it ,,,'-.....~~.....;.ij THOMAS S.BENEDICT
JOSEPH J.BENEDICT
ATTORNEY AT LAW
MONONGAHELA,PA 15063
September 19,1975
Russell Marino,Register of Wills
Court House
Washington,Pennsylvania 15301
j
In Re:Estate of Robert E.Reynard,deceased.
No.63-70-630
Dear Mr."Mar ino :
Enclosed herein are six Distribution Receipts.
Please file them in the above entitled estate file.
:;:;;:~
Thomas S.Benedict
TSB:vm
Enclosures 6
.L
!;,..
.l
•.(
.L
.l
,.,
IN THE ORPHAN'S COURT OF WASHINGTON COUNTY,PENNSYLVANIA
ESTATE OF
ROBERT E.REYNARD·.··.·.·····.····.··..·-·-c··--.,.No ~.~.:of 19Jr;LA.A R?Q .
Deceased.
DISTRIBUTION RECEIPT
The undersigned,hereby acknowled'ges to ha¥e this day receind of
~Cl.~~.h:..~E:!y~C1.J;.~.,...A~tnJI1.i.~~.r.~.t;.~,~.J:C;..pJ...the...E,S.tate.,.of..Rober.t..E •.,..~ey.na.r.d.,...deceased,
of (•.............................19.75
Attest:
the sum of....oI1:E:!...a~I1:q ::r~9.,.N,ine.ty,":".two...and.,.73./100...($.192.,73),.......,......,,.,........DOLLARS,
in full payment and satisfaction of the amount awarded to me by the said Orphan's Court in its
Decree.and Schedule of Distribution filed to the above number and in consideration thereof,the
undersigned hereby releases and discharges the said fiduciary from any further liability on account
of the same.-
Witness my hand and seal this ...2..~,-:"\..,day
...........~.~~..~.
'1.
""
,.(...
~
fIf
,/
No.of 19 __A.A.
ESTATE OF
DISTRIBUTION,RECEIPT
JOSEPH J.BENEDICT
ATTORNEY·AT·LAW
253 W.Main Street
MONONGAHELA,PENNA.
L!L//~S-
IN THE ORPHAN'S COURT OF WASHINGTON COUNTY,PENNSYLVANIA
ESTATE OF
ROBERT E.REYNARD ,-----------------------------------------------------------.--~---------_..__..-
N~.?}of 19?9 A.A..._~_~.~...._...._
Deceased.
DISTRIBUTION RECEIPT
The undersigned,hereby ackn'owled'ges to have this da,y received of
the sum of....':Pb.-:t,~~,,:,,~:t:l~.'~,??.IJ99",($,~,~,~}).-:.':'::-:.-:.~:-:,':'::-:.-:.:':.-:.~.-:.":'.~.":',:':,-:.~-:.":'.:-:,-:,~.-:.":'.:-::1)OLLARS,
~&QO .~.
X;__~-----------'-a-----(5eaI)
Of ~19]5
Attest:
.__. .__..__1);~__~_ef~...__...._.__
in full payment and satisfaction of the amount awarded to me by the said Orphan's Court in its
Decree and Schedule,of Distribution filed to the above number and in consideration thereof,the
undersigned hereby releases and discharges the said fiduciary from any further liability on account
of the same.
Witness my hand and seal this.....Q..~.......day
.:.':'
J
("
No.of 19 A.A.
ESTATE OF
DISTRIBUTION,RECEIPT
JOSEPH J.BENEDICT
ATTORNEY-AT.LAW
253 W.Main Street
MONONGAHELA,PENNA.
9'1'/~s-
".,\oS
IN THE ORPHAN'S COURT OF WASHINGTON COUNTY,PENNSYLVANIA
ESTATE OF
ROBERT E.REYNARD-_._--_...------------_.._------------_...._------------_..,------_...._-_.__..
Deceased.
N~.._Q_~__._.of 19.7.SLA.A.._._..9JQ __.
DISTRIBUTION RECEIPT
The undersigned,hereby acknowled'ges to hove this day received of
LC:l~Cl1:l..R~y.I1Cl.J;.4.,...A.~tn.i.n.~.~~~.?t;:.~,tx ..Q.f..~h~...E.s.ta.te...o.f...Rob.er.t...E•...Rey.nar.d.,...d.eceased,
the sum of....l'llJr.t:y ..~.I1<:1...74-./.1.Q()...{$.~().!.74-'>'~.':'.:':.-:.":'.-:.":'.:-:.-:.~-:.':".::::-.:-:::-.':".::-.':".::.7.:-:::-.':'".~.DOLLARS,
in full payment and satisfaction of the amount awarded to me by the said Orphan's Court in its
Decree and Schedule of Distribution filed to'the above number and in consideration thereof,the
undersigned hereby releases and discharges the said fiduciary from any further liability on account
of the same..~bL a
.Witness my hand and seal this cI-5.day of ..t!:A..q~19??..
Attest:
__...__.~_/?z__~_~~. ._
d If!..x.I/If~--ft9~~..~.---.---..----....{Sea,)&;F~~.
,
~,...
....•
No.of 19 A.A.
ESTATE OF
DISTRIBUTION RECEIPT
JOSEPH J.BENEDICT
ATTORNEY-AT-LAW
253 W.Main Street
MONONGAHELA,PENNA.
tic(/~S-
.,...~"';,'....
IN THE ORPHAN'S COURT OF WASHINGTON COUNTY,PENNSYLVANIA
ESTATE OF
_.__._.RQJ~~KT.__~.•.__J~~YNARO'_,..--.---.---.----...-._
Deceased.
No.9}of 19_.7.9_A.A.!?JQ _
DISTRIBUTION RECEIPT
The undersigned,hereby acknowledges to ha,ve this day received of
Lalah...Re.ynard,...Adminis.tratr.ix...of..;the..Es.tat.e..o.f...Rober.t...E•...Reynard.,....deceased,
the sum of....s.~\J.~~.~Y.~.~~9....($IZ .•..9.9}:-:.~.':'.:-:.~.~.:-:.~.:-:.~.~~.~.:-:.~.~.-:.~.~.~.:-:.~.~:-:.~.:-:::-.~.-:.~.::-:1)OLLARS,
in full payment and satisfaction of the amount awarded to me by the said Orphan's Court in its
Decree and Schedule of Distribution filed to the above number and in consideration thereof,the
undersigned hereby releases and discharges the said fiduciary from any further liability on account
of the same.-9--1"-11
Witness my hand and seal this ~~~ay of 1?7.~.
Attest:
.:::?/-:'.~.(2 A~.t/~'--/7?.e.t:'~...---------------_--------------------------_.--._-----_--.---_.M 11f::--.-------------------- --.._.._..__...__.._._..{SeaH
.1
,"
No.of 19 A.A..
ESTATE OF
DISTRIBUTION RECEIPT
JOSEPH J.BENEDICT
ATTORNEY-AT·LAW
253 W.Main Street
MONONGAHELA,PENNA.
4 LJ/'-!s-
't·".",,·-t,...:,-4'
IN THE ORPHAN'S COURT OF WASHINGTON COUNTY,PENNSYLVANIA
ESTATE OF
ROBERT E.REYNARD
_________________________D~_~~.~_~~_g.!_.. . _
No.R1 of 19.7.Q_A.A.Q~Q ..._.
Attest:
,---------_._._._._.~~%-~-~~..._-----_._--_._-_.
DISTRIBUTION RECEIPT
The undersign,ed,hereby acknowled'ges t'?ha¥e this day recei¥ed of
,:L.Cl.+.Cl4...R~.yIl.:l.r<;1 ...AQmi.n.~.~.~;r;.Cl.t;:.r.~.:l,(;..QJ...~4~...E.s.t,:;l.te...of...Rob.ert...E.•...Reynar.d.,...deceased,
the sum of.N.~J:lE!...1l~.J:l~J:'.E!cl ...~~.Y~.J:lt;Y-::f.9.~;r;....($9.7.4 .•..oO}:,:.~.~.:':.-:".:':.~.~:':.7.:':.-:".~.~.7'.':':.7'.7':DOLLARS,
in full payment and satisfaction of the amount awarded to me by the said Orphan's Court in its
Decree and Schedule of Distribution filed to the above number and in consideration thereof,the
undersigned hereby releases and discharges the said fiduciary from any further liability on account
of t~:t:::my hand and seal this,.liday of~~...197"
'.Bebout,Yoho g;,
ED MELBNYZER COMPAlf{
Funeral Home
300 Second street
Eonongahela I Pa"15063.
:rn~~(~1
)
T.,.,
No.of 19 A.A.
ESTATE OF
DISTRIBUTION;RECEIPT
JOSEPH J.BENEDICT
ATTORNEY·AT.LAW
253 W.Main Street
M40~GT4:iNNA
..I .....
I~THE ORPHAN'S COURT OF WASHINGTON.COUNTY,PENNSYLVANIA
ESTATE OF
ROBERT E.REYNARD,
_.._....._-----_._..__._------_...__....._---_._-_._.P_~~.~_~~_~_g .._
No.._._~~_of 19IQ..A.A ?}Q :.
DISTRIBUTION RECEIPT
The undersigned,'hereby acknowled'ges to ha¥e this day received of
L.~~Cl,~,..R~yp~.r d"",Adminis,tr:a,trix...of...the..Estate.,0.£..Rober.t,.E•..'..Reynar:d.,..,....,.".
deceased,
the sum of..rw.C>..;flLl:n,~~.~c:l ...~,~.J:C~y~,t;:.~~".~~4 ..,~,~/Jq()....($Z.9.Z,~,~.U.~.~.~.~.~,~,~,~::-.:-:.'DOLLARS,
in full payment and satisfaction of the amount awarded to me by the said Orphan's Court in its
Decree and Schedule of Distribution filed to the above number and in consideration thereof,the
undersigned hereby releases and discharges the said fiduciary from any further liability on account
of the same.
Witness my hand and seal this..d)d day Of ..~197~..
Attest:
·~/:~m ....---..----------:----..-..-.-----------.--.....---...(Seal).-xltjt.
No.of 19 __A.A.
ESTATE OF
DISTRIBUTION RECEIPT
JOSEPH J.BENEDICT
ATTORNEY-AT-LAW'
253 W.Main Street
MONONGAHELA,PENNA.44 If ~V
~lt tijr Q,tnurt nf Q!nmmnu 'Iran nf man4iugtntt Q,tnuuty
®rp4aun'<lrnurt llliuininu
In the matter of the Audit of Account in
j
Estate of ROBERT E.REYNARD,
Deceased.
TO THE AUDITING JUDGE:
,,
63-70-630No._--=--=----....:.....:=----=-=:...::....------
Enter my appearance for Lalah Reynard,Administratrix of the
Estate of Robert E.Reynard,deceased.
.'-o(2~;=;'~f v~7/f/N.B.-C0l;lnsel .shall,by s.eparate pape,~,PfJesent a concise statement of each
claIm,w,Ith supportmg calculatIorP'of any interest claimed.Objections
to an account as filed,shall be concisely stated in a separate paper.
Council suggesting proper distribution shall file a separate concise state-
ment in that regard.
19 75,--
I
No.63-70-630
.In re Audit of Account in EstaJte of
ROBERT E.REYNARD,
Deceased.
AUDIT
'ratript fnr i\pptaraUrt
FOR
Lalah Reynard,Administratrix
of the Estate of Robert E.
Reynard,deceased.
Joseph J.Benedict
Attorney
~2
""r------~~----·~~~-------------------~----·...-------:;.--':"'.....------
(Form where decedent died intestate)
lin tlJr OOrpl1aus'aIanrt af Dlu5l1iugtnn OInnuty J
ESTATE OF No.63-70-630 Term,195 ,A.A.
In the audit of the First and Final
ROBERT E.REYNARD Account of Layah Reynard
State (1)whether de-
cedent was married or
unmarried;(2)if mar·
ried,whether a husband
or wife survived and
his or her name;(3.)
whether or not there
was any marriage settle-
ment;(4)whether or
not family relation was
maintained until deced-
ent's death;and (5)
whether the decedent
left children or issue of
deceased children.
Deceased
The petition oL ~~.~~E!..Y..~.~g ".
(Name of Petitioner)
respectfully represents:..~.~?~.~~~.~~.~y.~~!'.9:..
(a)The decedent died Q9.y..9.P.~..:r.J.9.-'19.Q9.,intestate and
(Date)
letters of administration on b...i.f?estate were granted M§..Y ~.~..t J9.7.Q ..
(Date)
as per record thereof appearing in Administration and Bond Book No ..
at page .
Decedent was survived by
Lalah Reynarq,Widow
Ruth Greedan,daughter
Oliver Reynard,son,deceased
within(b)At the time of death,the decedent's domicile was ~the Com-
monwealth of Pennsylvania,to-wit,at MOnO.ngahe..1a.,.
(Town or Township,State and Nation)
and res idence was at..M.QDJi.D:g.eJ-1.~}.§..'-p.§.D.-:~~.y.~.y..?:.~t.9.:.
(Town or Township,State and Nation)
(c)The names of all persons having any interest as heirs or next of kin
with the names of their deceased parents,to show relationship if they take by
i
representation are as follows:.,
NAMES Relationship Interest
Of age,sui-
juris,or not,
(write yes or
no).
t
Name of Guardian,Trustee or Committee,if
any,or beneficiary,man:r..er and place of
record of appointment and is bound suffi-
cient.to cover and protect share.
Lalah Reynard
..Ruth Greedan
Oliver Reynard,deceased
wife
daughter
son
1/3 yes
1/3·yes
1/3;
State exceptions,if any,
giving names and dates
of death and the names
of their executors or
administrators,or the
names of their issue as
the same may be mater-
ial.
Describe type of notice.
All of said parties III interest are living,except
Oliver Reynard
(d)All parties having any interest have had notice of the filing'
of the account by letter dated May 2,1975.
I-I
"
(e)Balance for distribution per Account
(f)Additional debits,not shown by Account
(Itemize)
$.tt.{f4.~.•..7..1
$ .
(g)Additional credits,not shown by Account
(Itemize)
F.J.Buckley Insurance Agency,
Admnx..Bond
$~.Q.~.Q.Q.
$l.J,.~§.~.!t.ll.
Insert word "not"where I (h)Claim for exemption has been made,and has been paid.
necessary.
(i)The estate is ....P.9.j;~...subject to the payment of inheritance tax to the
State of Pennsylvania.
If taxable state w~eth-I (j)The estate is n9..t..subj ect to the payment of the county 4 mills
er tax has been paid.
tax.
(k)The estate is p..9..~subject to the payment of Federal inheritance
tax.
(1)All creditors (and other persons who have complied with Rule II,
Sec.9),of whose claims the accountant...notice or knowledge,have
........................received actual notice of this audit;the amounts of their claims and
whether or not they are admitted to be correct are as follows:1£too rna ny for the
space,annex a list there-
of;if no such claims,insert the word u none."
If any creditor or other
claimant has not re-
ceived actual notice,that
fact must be stated.
Indicate such claims as
may be secured or en-
titled to a preference,
and give detailed infor-
mation concerning such
security or preference.
Here insert a reference
to all questions requir-
ing adjudication,and a
5tatement of any mater-
ial facts not already
given.If none insert the
word u none."
If any share has been
assigned or attached
that fact should also be
stated here.
Bebout and Yohe Funeral Home
Joseph D.Sevick
Bell Telephone Company
Dr.Golomb
Drs.Pirris,.Ruben and Underwood
Municipal Authority of the City of
Monongahela,sewage lien
:7.J.~'..~::~~'.~.=".i,t...~'Y.:::.=~~..'.~:
(all claims admitted)
(m)
$974.00.,
192.73
3.8372.00
30.7lF
262.31
:,','J.~J
(No.101 May
Term,1966 MLD)
iL
State kind,form and
character of property
composing the balance
for distribution,and if
any part thereof is not
cash,whether or not
there has been any elec-
tion to take such part
in kind.
-.<
~
(n)The balance for distribution consists of property in kind,form and
character,as follows:
cash
~--
-..
-...........
Are there any advance-(p)
ments by decedent to be
considered on distribu-
tion and has any distri-
bution on account been
made by accountant to
any distributtee?
.(q)Give brief location of any real estate sold.Frame house 1 ocated on
East Main street,Monongahela,Washington County,Pennsylvania.
If prior accounts have ( )
heen filed,list number r
and term.
Wherefore your petitioner asks that distribution of principal and income
be awarded to the persons thereunto entitled and suggests that the balance of
principal and income should be awarded respectively as follows (shares being
stated in proportions but not in amounts):-
payment of Clerk's Costs
Preferred Claims:-
Lien of the Municipal Authority of the City of Monongahela
No.101 May Term,1966,M.L.D.(This should have top priority
because the premises being sold free of all liens.)$262.31
Bebout and Yohe Funeral Home 974.00
Dr.Golomb 7~.00
Drs.Pirris,RUben,and Underwood 30.74
General Creditors:
Bell Telephone Company
Joseph D.Sevick
Balance,if any:
1/3 to Lalah Reynard,1/3,to Ruth Greedan,1;3-to representatives~.-~u~y of ~,ss.Ando:ou~lp~:i~:n~re~~~:~~.,deceased.--o~h~£~~petitioner being duly
~doth depose and say that the
facts set forth in the foregoing petition are true
to the best of ~._knowledge and belief.
7~:ya::~ef~r~l:eZ:~s
~!~-
....._~__..~!...~~~~!s.~!~~J~p.~r.~~.g~:..??dW~.
"~
\
",IFORMINCASESOF/INTESTACY..
63-70-630No.,._...._._....Term,195 ,A.A.
IN THE
ORPHANS'COURT
WASHINGTON COUNTY,PA.
Estate of _R9b_e_rt E_.._.__Re.yna..r.d _ .
Deceased.
Sur account of ..L_9,J.~h.....R_~.YD?_.;r.g __'__._Ag.m.
PETITION SUR AUDIT
In Conformity with Court Rule III,
Sec.5 (B)
COUNSEL FOR THE ACCOUNTANT WILL
SUBMIT HEREWITH
.,
\
Joseph J.Benedict................................._--- -_.
1.The letters of administration.
2.A copy of the inventory and appraisement.
3.Proof of advertisement of the grant of letters,
if not filed with accountant..
4.An appearance for those represented.
5.Inheritance tax receipts,if any.
6.Certificate of liens in case any of the funds fO.r
distribution are derived from the sale of real estate.
7.Copy of Federal Estate tax return,if estate is
subject thereto.
8.Signed elections to take in kind,if any.l
l.
I"
I
Attorney
~2
for kccountant.
"
.~
'May 2,1975."
,..."
•.1 ~
,.IMis;LalahReynard
7769 -14th Street North,':-.""
,",St.Petersburg,Florida 33702
.In Re':"Estate of Robert'E.Reynard,,deceased.,
No.63~.70-630.
'io:.-
".Dear Lalah:
.The'Cou~twill;h~nd down"a Decree of,,'Distribution at a--"\'-\.later date.',~f
,-,
.Please be advised .that',the "Account in'the above
entitled,estate has.been'fi1ed,artdthesame will be up
"'for A~dit in tne Court of COlDlDOl(pteas of ,Washington ,County,
Pennsylvania,.Orphans'CourtDlvision,on Thursday;May 22,
1975.,at 1:30P.M.',.'",.
~.~~.-..,
'.;.verY truly'yours,'
Joseph J.Benedict --,"
.'
.--.....'t;i-~:r
,>.
.~.,~'_6"">'...,....;
.·Letters'also ~ent to 'the 'following:
,""Clyde Go,Te.pe'st',~~sq~..'
Mrs 0 Ruth,Greedan .'..,,..',Estate o~Oliver ~~ynar~~'.
i'
'.
.'
..
".'fo .-::.:
..'
,.
~..
-.
-".::.~
'..July 8".,1975'..
(;5 ~7113a DCJ
...........•~.....~f"
.'.
.',
Salvatore'F.Panepinto,'E~q.
4ll'Washington Avenue
Charlero~;Pennsylvan~a 15022
In Re:Estate of..Robert E.Reynard,deceased.
No~--63-70-~36''.,
Dear'Salvatore:
,Please be advised that ,the Court ,has set "Monday afternoon,
July~l4,i975~at 3:30P.;'M.(after 'Motion 's6d Rule)for the
Audit Hearing in the above entitled matter.The hearing will·
be in Judge Sweet t S courtroom.".
Also enclosed herein c.op)f of Answer to Objections of
your Pet ition..
Very truly yours;
il?!>..,'
JJB:vm'
-)fi.Joseph J.Benedict.'.\'~'".
I.
..;.Oll,
,,.
.....,
"
J
.
IN THE COURT OF CO~~10N PLEAS OF WAS~~NGTON COUNTY,PENNSYLVAN A
ORPHANS'COURT DIVISION
,
/f'
No.63-70-630
,y
)
)
", )~)
)',,',•j';"'f../i""-".....~
."
May 22,1975•
SALVATORE F.PANEPINTO,ESQ.,of
Charleroi,Pa.,representing Ruth
Ann Reynard Greedan,Exceptee.
JOSEPH J.BENEDICT,ESQ.,of Monongahe a,
Pa"representing the Accountant .
,..,.".
•I
HEARING ON AUDIT
".,
I ;'
~'A:~'"',i.'",/,THE HONORABLE PAUL A.SI~lONS,Judge
of the said'Court.
..
TIME:
BEFORE:
APPEARANCES:
ROBERT E.REYNARD,
IN RE:
ESTATE OF
zol-e>z
:tUl0(
~
..:uitIiiQ
oJ0(
U
o
:J.,
:tri'N
;I'
Ie
myself?
Benedict,this next estate is the one I was personally
interested in at one time.Do you want me to disqualif
iiilI:1&1l-ll:o0-1&1lI:
l-ll:
:JoU
oJ0(
uii:lI.o
THE COURT:The estate of Robert -E.Reynard.Mr.
MR.BENEDICT:I don't k~ow if there are 'claims.
MR.PANEPINTO:I filed Exceptions to the account
my
on this.It was/understanding that the disposition
of that Petitioli in regard to the property had not been
settled.Mr.Vlachos advised me differently.He had
a copy of a decision rendered by Judge Sweet ln this
2
matter and the decision,I 4ad2 not received a copy
until yesterday.I signed for a copy with Mr.Vi~chos.
r'THE COURT:I think Judge Sweet had .this case,didT ' t
'1 he?,
i
e MR.PANEPINEO:Yes.t
Why don't the three of .you,contact
I think you should get a hold of Frank
Why don't you both go down and see
I think you'd better refer this matter
He has jurisdiction in this case,I am sure.
Frank Carroll and all three of you see Judge Sweet.
Carroll too.He represents the purchaser of the propert~.
Judge Sweet,,since he took jurisdiction of this matter?
to Judge Sweet.I'd have to disqualify myself on this
case.
THE COURT:
MR.BENEDICT:
THE COURT:
THE COURT:
iiiIl:1&1l-ll:oa.1&1Il:
l-ll:
::Jo
U
.J
0(
uii:It..o
..:ua:~o
.J'0(u·
o::J.,
:t.......N
~z0(>.J>-Ul
Z
Z1&1a.~
i MR.~BENEDICT:I thought if there weren't any claims-
o ',~'j ~n~,.I,~;..I ,I "1""t"~/,,.lilI,..•...1 t ~'\~'\:~~~~·TA~~t~~r?~..../..l;:::/1/1hele ~~s ../~~}1'.'s,<?me,.i~Ut~stion as to
~the validity of that sale of the property.In light
.',~lf
of that decisl·on,.there.~mi'ght be an action against the
....'"f,.'of"r '..t.';f 'rII '!j r .,r ~l,
Administra'tor'."r feel'urider the circumstances we
""""'...., .,t 'f..t'...-
should defer'it t~is date~
* * * * * * * * * * **
~
Z0<>oJ>VIZ
Z11/II.
Zol-I:)
Z
:tVI0<~
..:oit
I-!!!a
oJ0<
oa::J.,
J:..l"-N
,I ,hereby certify that tlu~proceedings a!lel evidence
are contained fUlly and accurately in the notos taken by .e
on the hoaring of the above cause.and that this cO,PT 1s,.'
correct transcript of the same.
/
"
Iy the Cour.t.
The foregoing record of the proceedings upOftthe
hearing of th.above t:auSCt 1$hereby approved altd d:1r,ected,
to be £110<1.
iii
lI:
11/
l-ll:oII.
11/
II:
l-ll:::JoU
oJ0<
oii:II.o
I
"
i·e
"f•,.,
~,f'
,.,~,'\'~.'1:".1 \•r'
•'I.;
.-r
.,.~I'
I ..I ~C ,'.\
t "";".-::,.,"'."".•,.,\!.
'j
..,
-......
Form Xo.RCC-62 (12-66)THIS FORM REQUIRED IN ALL ESTATES WITH GROSS ASSETS UNDER $10,000,UNDER SECTION 701 OF ACT OF JUNE 18,1981,JEFFECTIVEJANUARY1,~982..(FILE IN DUPLICATE WITH 'COPY OF WILL ATTACHED),.o •
~•OFFICE OF THE REGISTER OF WILLS b~·7 ~-b3't)
County of ..~~~~J.:I?-¥~.C?1!............
Lalah Reynard .of ...+;1..7.RJ.rp9.~e~:t..Ay.enue J •Monongah.ela,.pa •...................................................
(Name)(Address).
being duly ______~_W_Q.rn ____________________.according to law,deposes and says that he is the ______.AgJJJ.:J,._D.:;1,.§_tI'_?j~_m:.'______________________
(Exec.,Adm.,Legatee,Etc.)
of the estate of________B_9.l?~_~~_J~_!___B_~Y_@;r;'_9:__________whose last residence was _____MQD.Qng~Jle..l~_".--..P-enm.Yl~'-an1a
(No.)(Street)
___________________________________________________.deceased,and that the whole of the estate of said decedent,who died~QjJ:_9L.69------------..(CitY,Borough or Township)(Date)
consisted of:
REAL PROPERTY
REAL PROPERTY IN PENNSYLVANIA,WITH STATEMENT OF MORTGAGE ENCUMBRANGES UPON EACH PARCEL AT DEATH OF DECEDENT,
WHERE PROPERTY HELD AS JOINT TENANT OR TENANCY BY ENTIRETIES,GIVE NAMES,ADDRESSES Aim RELATIONSHIP OF OTHER OWNERS.
Estimated ,
Real Estate Real estate sold to Florence CourtneY ~/Value-
-\>;/1(-r J
(1.000.00
~~~'J I/ooo;~'",
.,
Personal Property
v
~~)~fJ·q41 ?4AccountinPittsburghNationalRank
\./.,-Rent f'rom Mrs H'l .~lL;~r.ou..lt::v f'rom 't.T .....1 lqf)q to
November 1,1971 (24 months rent)~f9;~.....1~308.00
.,
Rent from Mrs Marv Fine fY'om Novemher 1 1q6q to 1
1971 (24 mC?nths rent _--6 months owing)'C/f"/'f.1."..'."HM 00
-
~../~:tj.(\3 /~J·Z
'-.:7
....'r --.~
-
NOTE:You may expedite the processing of this return"by filing with it,and as a part of the return,
letters from financial institutions or mortgage.holders,certifying to amounts on deposit or'owed by the
decedent as of the date of death.Such letters must be signed"by a responsible officer of the financial
institution or mortgage holder and indicate clearly amounts of principal and interest in the decedent's J'
account at the date of death and the type of account,a.ccount number and tl!e exact..na.n;J.e or names inL,which the account is registered..
·f
j'.
..
)EstimatedJointlyHeldPropertyValue--
~-
r
.-
-
i
,
Transfers within TWO YEARS Prior to Death
((
>..-,.-
--
.
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 foIIowing:-
NAME AND ADDRESS OF BANK OR OTHER INSTITUTION THIS SAFE DEPOSIT BOX REN'rED RELATIONSHIP OF JOINT
IN WHICH DECEDENT RENTED A SAFE DEPOSIT BOX IN NAME OR NAMES OF HOLDERS TO DECEDENT
-
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 addresses who have illegitimate children STATE YES ANNUITANTS BENEFICIARY
an interest,vested,contingent or otherwise,in estate.)are involved,set OR NO AT DEATH OF IN ESTATE
r .forth this fact.)DECEDENT
Lalah Reynar~widow Yes 1/3
7769 14th St.N.
.4 ............n
~~.rt::'sm :g,r ,Ui.JJ/VL/."
_Ruth Greeden daughter Yes 1/3
Monongahela,Pa.15063
Oliver g Reynard,deceased son No 1/3
Died 1967
•"
..
R~siDENT DECEDENT DEBTS AND DEDUCTIONS CLAIMED
NOTE'List first five items in the spaces so provided,observe notations thereon,and instructions
~''''L.I D~E~B~T_O:=-R::-.:C::.::L~A~I:.:M::-'_~__----r ~N~A:.:-T~U=R=-E_O:::-F=-.:S::::A.:.:M=E -.--.-:.A:.:-M=..:::O...::U:..::.N.:..:TT-----JoTHIS COLUMN,KEGISTER ONLY
Bebout and Yohe Funeral HomEfuneral expenses paid $-914.00 $
Family exemption (will not be allowed unless
decedent died residing with a spouse or children.)1.000.CO
Administration Expenses *
Counsel fees *
Fiduciary commission *
OTHER DEBTS AND CLAIMS
(*)See Note below
3~.01D
12.5(D .
11.1 .0b
12C •OlD
225.3 p,
6:.0 b7~.0)
71.81
11:.9
l7E .9 D
200.0l
:•8 ~19~•7 ~
3C .7
72.01
262.3
Ie .0)
21.0(;
3.7 l
etc
-filing inventory and account
notary fee
Letters of Administration,
advertisement
advertisement
two years of bonds
the City of Monongahela,sewage bi 1
_(delinql:lent)
Register of Wills
Daily Herald.
Washington County Reports
Bonds -F.J.~ucke~ey
1970-71 School tax
1970 City Tax
1971 City Tax
1970-71 County tax
Joseph D.Sevick p1umb~fug2
Washington county tax Clai~Bureau-delinquent tax
Joseph J.Benedict-petition:.Ferjthe:.same of real estate-~costs ~nd fee
Bell Telephone Company
Joseph D.Sevic~
Drs.Pirris,Ruben,and un~erwood
Dr.Golomb
Municipal Authority of
Transfer fee on Deed
ijegister of Will~
Notary public·
Total $3,679.8~)L11.1~'-'
(Street Number)
(City or Town and State)
Note:The estate agrees to advise the Register of Wills if the amount actually paid in settlement of any fee,commission oi'debt is greater
or less than the estimated amount claimed and allowed.
Subscribed and sw::l to before me this .
.............../I.~.day of .........~.,19,?e?:-
.~~;;.;,,;;,,,~.:,~~.
.My Commission Exoires EER 22 1974 ..
Having been duly sworn according to law,I do hereby ~;:}~e above appraisement is ma~in conformity with law on this
................../.;2.;..#,day of <7.1:(L .7.~1·.7 .Y1 _..
..................~~······A·p~~~i~;r·····
In the event that any future interest in this estate is transfelTed in possession or enjoyment to collateral heirs of the decedent after the
expiration of any estate for life or for years,the Commonwealth hereby expressly reserves the right to appraise and assess transfer'inheri-
tance taxes at the lawful collateral rate on any such future interest.
II
I
b.
REPORT OF TIj-~~EqISTER OF WILLS
I,the undersigned duly elected Register of'Wills in and for...7~~~.....'.nty,Pennsylvania,do respectfully
report that I have allowed debts and deductions in the amounts claimed by dellOnent,e pt as to those item where a greater or lesser amount
is s~t ~or.th in thelast cOlu~n to the right in said schedule above,which greater or less amoult represe e slim allowed as a ded~tion.
Dated:~.~~.~1.~~~~~.S.~~~;~.~'.'.......~~~L \.~~..
.Regis er of Wills
,-"
FOl"m No,RCC-62 (12-66)
WillAdministration ~NO.Q~.-:79.-.~?<!ear ..'...
IN THE '-
MATTER OF_THE APPRAISEMENT
OF THE
ESTATE OF
ROBERT E.REYNARD•••oo.oo e."..
Deceased
Late of ~ONONGAI::IELA.."<.
\....,
"County of ....~!\SHlNGTON.............,..
Commonwealth of Pennsylvania
REPORT AND APPRAISAL
"
I 'VeI "0 j t',
~.,~...,-;j/.\,,;t
ON:if';
NIH SVJ~i
Ii g ID1U
./":f2S1JU
f·I. "b q"H .i PI0:.,.••{,I '0:tj •r;j
'j <:..U.JJ ..,1..4>
c.r;
'1 ''-
~.•.-..• t.,:4;,j
Rcc-al (6-73)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS·
HARRISBURG
17127
NOTICE OF FILING or APPRAISEMENT
LELAH REYNARD
(Executor or Administrator)
IN YOUR REPLY PLEASE
REFER TO
Inheritance Tax Division
j
In Re:Estate of R_O_B_rn_T_E_._RE_YN_ARD -.--
WASHINGTON County -File No._6:::..3---:7:.-0_--c63::-O ---,.
Dear Mrs.Reynard:
. ..originalYouareherebynotifiedthatthe==-;;;-:.,.------:;:;:;=~=_----------
appraisement in the estate of ROBERT E.REYNARD
has been fi led in the office of the Register of Wi lis of WASHINGTON
County on FEBRUARY 12,,19 75,Said appraisement reflects the follqwing
vaIuations:
ReaI Estate ----=l=..JL:O::..::O:..::O~._=.OO_=___
Personal Property-------,;3~!,,..J.]J~3...2.Gj/4__1---
T ransfers _
Jointly Owned _
T otaI ------"4u,~l>oi!.33.eJ~.24=__
As to such tax that is paid within three months from date of death,a five (5%)
percent discount is allowable.As to any tax that remains unpaid after nine (9)mQnths
(fifteen months when death occurred from December 22,1965 to June 16,1971,Inclusive;
and twelve months when death occurred prior to December 22,1965)from·date of death,
interest at the rate of six (6%)percent per annum is charged.
Any party in interest who is aggrieved by this notice may object thereto within
sixty days after receipt of said notice as provided by Section 1001 of the Inheritance and
Estate Tax Act of 1961,72 P.S.2485-1001,p..L~,
Date -:3 -U -7 !=>~S;gne~
Title C~4.'<~~..JJ:
DATE OF DEATH:OCTOBER 16,1969
Note:This is not a bill.
------------------
RCC-39 (5-68l
COMMONWEALTH OF PENNSYLVANIA
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
SUMMARY
Estate of REYNARD,ROBERT E.
(Last Name)(First Name)(Initial)
DATE OF DEATH_IO-~6"';~FILENO.63-70-630
REPORT OF INHERITANCE TAX APPRAISER
WashingtonI,the undersigned duly appointed Inheritance Tax Appraiser in and for the County of _
Pennsylvania,do respectfully report that I have appraised the real and personal property as reported in the foregoing return at
the values set forth opposite each itern in the last column to the right in Schedules "A","B", "C",and "E".
~I{
Dated:1.3 - /;z -7tL '....c ~~iNERiTANC ETAXAPPRAISER
•OOlAR 12 197bRUSSElL I A !N JDated:
REPORT OF THE REGISTER OF WILLS
WashingtonI,the undersigned duly elected Register of Wills in and for County,Pennsylvania,do respect-
fully report that I have allowed deductions in the amounts claimed by depone s to those items where a greater or
lesser amount is set forth in the last column to the right in Schedule "F",ich greater r lesser amount represents the sum
allowed as a deduction.
4/33 -<t/
..J c./y 8..(.
4\"3 Yo!
,-~7\f\
~'l~~?l.
4,133 24
3679.82
453.42
VALUE AS REPORTED VALUE AS APPRAISED VALUE AS REAPPRAISED
$$$
INVENTORY
Real Property (Schedule A)
Personal Property (Schedule B)
Transfers (Schedule C)
Joint-Held Property (Schedule E)
TOTAL GROSS ASSETS
Less Debts and Deductions
(SCHEDULE F)
CLEAR VALUE OF ESTATE
Valuation of life estates or
annuities.. . . . . . . . . . . . . . . . . .$t=-ESTATE TAX ASSESSMENTS $.
FOR USE OF REGISTER ONLY
Tax on $-----......,....,~---+---,..,,-A
Tax on $~
Tax on $5%
Tax on $10%
Tax on $15%
~~pti~s *
Total Estate ----J -
TOTAL TAX
COMPUTATION OF TAX
$------:::;----4--
$..>=:c:J"'---"'-+.=...::/_
$-------
$-------+---
$-------+---
$c:l---=...-7 ~/
(*)As evidenced by Charitable
Exemption Certificates issued
by the Secretary of Revenue.
Less tax previously paid
BALANCE
Less 5%of tax if paid within
3 months after death :::::::::~t==
$---
$---
TOTAL TAX BALANCE $---
PAID $ _
BALANCE OF INHERITANCE TAX DUE $ot")~.:2/
Add interest at rate of 6%from/-/c.-':2/to cd -/<::'-25-$7.:2
AMOUNT OF ESTATE TAX ASSESSED $-------lL-
Estate tax paid $-ll-
BALANCE DUE
Add interest at rate of 6%from
------Ito-----
FOR USE OF REGISTER ONLY ADJUSTMENTS
NOTE:Where subsequent adjustments are made to the above computation of tax by the Register of Wills,for proper reason,
same should be noted below,with short explanation.
Will l N
Administration ~o.
IN THE
year .
,
MATIER OF THE APPRAISEMENT
OF THE
ESTATE OF
ROBERT E.REYNARD
Deceased
"":l
Late of .
County of
MONONGAHELA
WASHINGTON
Commonwealth of Pennsylvania
.REPORT AND APPRAISAL
r",
I,.'
,-
I
R CC-2 (2-64)
l:OMMONWEALTH OF PENNSYLVANIA DATE FEBRUARY 12,1975..
.•D'EPARTMENT OF REVENUE RESIDENT INHERITANCE TAX COUNTY Washington
BUREAU OF COUNTY COLLECTIONS
I
,HARRISBURG,PENNA,17127 APPRAISEMENT 63-70-630FILENO.
ROBERT E.REYNARD late of MONONGAHELAWhereas,
in the County of WASHINGTON Commonwealth of Pennsylvania,having died on
the 16th day of
OCTOBERT 19 69 ,seized and possessed of an estate
subject to Inherita~_under th~~wS o~the Commonwealth of Pennsylvania;
Therefore,I,.I .A.~_J \...A._....../an appraiser duly appointed according to law,
having been designated to make a fair and conscionable appraisement of the said estate,and to assess and fix
the cash value of all annuities and life estates growing out of said estate,hereby file the following appraisement:
In the event that any future interest in this estate is transferred In possession or enjoyment to collateral heirs of the decedent after
the expiration of any estate for life or for years,the Commonwealth hereby expressly reserves the right to appraise and assess transfer
inheritance taxes at the lawful collateral rate on any such future interest.
Unit AppraisementDescriptionofAssetValue,Made for Inheritance
Tax Purpoles
$
REALTY:
See copy of appraisement 1.000.00
PERSONAL:
See copy of appraisement 3.133.12k
TOTAL 4,133.24
,f;..r -.'/'
,
,>\
\.
.
!,
"
,
Having been duly swo.rn according to law,I do her~tifY that the above appraisement is made in con-
formity with law on this l1lf day of ~AD../"A 19~,.-..::::--t;;J'...L _'
"(JlJ'%/?J!.1F1-Z:-~~V~f1I~r:)8er
-.-."'YJJ ~m'1!~d Sir~C1t'
'",Penna.
I ..,'.........-.
IPOIt(!:;!')
WASHINGTON County
RESIDENT INHERITANCE TAX APPRAISEMENT
Estate of
ROBERT E.REYNARD
,Deceased.
Lale of
MONONGAHELA
Date of Death,OCTOBER 16,1969
Appraisement Docket V0/.,--,3~8~-=----_
Page,82-8 No.63-70-630
Filed in Register's Office,March 12,19-...2.2.
Amount of tax dflc,$_
DEPARTMENT OF REVENUE
Received,
Examined and Approved,_
Wrote abaut Appraisement,
Appeal j"om Appraisement,_
Entered and charged,_
'"
,
JDSE~-1 J.BENEDICT
-,ATTORNEY AT LAW
MONONGAHELA,PA 15063
July 21,1975
Russell Marino,Register of Wills
Court House
Washington,Pennsylvania 15301
In Re:Estate of Robert E.Reynard
No.63-70-630.
Dear Mr.Marino:
Enclosed herein my personal check in the sum of $34.60,
representing the inheritance tax due in the above entitled
estate.
Will you kindly send me a receipt for the same.
Very truly yours,
J
JJB:vm
cc:La1ah Reynard
\)\\y~fCY
{2P#~J~I'"1.
~..._----_.-
1t'U,i\CHE HECK WITH TE~J'A~~VE STATEMENT
Jour atto 07 before PENNSYLVANII T~NSFER INHERITANCE TAX ~':
paying th s statement
~\"Date....~.t.t-f.L't..zl.:.:,..
T LELAH,~YNARD 171 Elmcrest Ave.,Monongahela,Pa.:150630"\.::..
.........A1.J.p..~.tf!tp.*~.1:'~~~9.~!!!l ~g.~"!!.!:~~~~.!.t.~~~~.~!:~!~"~~~.!..~..~.~9..~~,.
I·0~~~.~.~~~~~1...~y~l\Q.i3..U.T g~riH~~~.~~~~.~~..~~!~!~!...
Date County State
App:t:aised ~File ~~~~~,File :,..~~:?~~~..
Real Estate ...:!.•.QQ9..~~..
Personal Property
Joint Accounts
Less Exemptions
.....3.~3..t·~.
'4.,..~~.~:~.
Less Debts and
Administration Expenses...............................................................................................................3,679~82....
TAXABLE AMOUNl:..................I.tS,J.!!!.t.?.
45.3.42 6TAXon@ 0/0 .
TAX on @ %.................................................................'ZT.21.................................................................................................................
Amount Previously Paid
TAX BALANCE
Interest from ~~.~:It.9.ll9.11 to ~U 16,19.7.5...
......6 0/0 on ..
............................................................
......................27.21 ..
7.39
~!t~!;-..
BALANCE DUE COMMONWEALTH ~d6-
DISCOUNT (5%)IF PAID WITHIN THREE MONTHS 6i1:..~·6 ·..
FROM DATE OF DEATH.
Filing Account :Tax lJlUst be p~1d
before audit
PAYABLE TO:I
IREGISTEROFWILLS
WASHINGTON COUNTY
COURT HOUSE
WASHINGTON,PENNSYLVANIA
~/.J..·....·..····..·;~b~~~;····..·....·....·····
Commonwealth of Pennsylvania.
CHIEF A?PRAISER 11
j'-'----- --'-"---'-"-_.',-''----;--~-~.--.,-.-'-.....--'---.---.-'--.~---.---~--..-----~.'1-'---.-~,-
2%Tax on $$----------~;;11
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE '.22162 OFFICIAL RECEIPT •PENNSYlVANIA INHERITANCE AND ESTATE TAX
Address 25 w.Ha1.n St.
RCC·4 (6·74)
RECEIVED 'nU.ny Four:and 60/100 _._,.I '"_-,_ ",._.-dollars
Lelah ~ard representin9 Pennsylvania Inheritance or
From:_..:A.:::t~t~~.L..::J,~o~s~~h!..!!.'--.:::J:..:.=-...:B~enem.!:!!~~:!!et:~~.--E_st_at_e_T_a_x_d_u_e_f_ro_m_,_t_he_fo_I_lo_w_in_9_es_ta_t_e_:------IIP
.NO,£
6 %Tax on $__4-=.=5=3......4=2=$_--!!!2~7~.~2~1 ,t
File No.63-70-630 Date of Death_1_G-_..,_1_·6-6__'_9_-1 15%Tax on $,$111
Date of Payment __"_Ul__y=--_2_2_,_1_9_1_5 --t
Name of Decedent ~ao~~\beR~~~·~E~·~~~M!~L ~
%Tax on $_
Estate Tax,Act of
May 7,1927
$--------·1IIl1
$,--------
County __JW~aeh1~~'~~~~---1
Remarks:
JaM)
-11.-;11 '
TOTAL TAX CREDIT
Less five perceMum of tax if
paid within three months after
date of death
Plus interest at the rate of
-.6%from 1-1M1
to da1:e
21..21$,-_..:..-...:...-'------
$---------.11iI1
,
$,__7~.=3=9=--,11//
$==3=·=_=60======1!ii~1
TOTAL AMOUNT PAID5 E A L
NOTE:This'Triplicate Receipt"to be retained fo~audit ~ur~se;;.~'3~2.e \..../
•,Received by ----7:;;.,~'*""'"""'.,.,i\.........""",,,,:""'-"~"":-':""':'lP-+..,-"'-"'''"'''-'''''"'-~-----11II1NOTE:In accepting the transler inheritance tax on future estates,prior to the death of the)ife'.~...
tenant or tenant lor'years,as evidenced by this r.eceipt,it is understood that the Commonwealth ~holl t
not be precluded or prevented from hereafter,a~~essing additional inheritance tax at the death 0'1 the
.lile tenanf or tenant lor years whenever it appears that such additional tax may be legally due a;d'''''="-~-4tL!.l...G,.;lI..,L~~-=+-"7"""'C!..L.,.i...i>..!;"'<:'.L--i-'/'Yl----1l11
I,
L:,calieCtible lor a.ny reaso,n whatsgev.er.-'"-=:=:=~==:=._--.~-.:.-::-.-
,"
f~;';'"
',-.:t.•
"
.copy OF INVENTORY'..""'"
",
".'.,
,,
..'.
,,
r'"!I j
~.".r':....'J'
•''';,'>,r ,.''..'<"/'
".,
"'Administratrix,.~,xx,,~xx~xxxx"
•,•..ii'
-.•1 ..,\,•
i '.~
'.
.'
.,..--,4
.~,..:.',.,
.-,..-.~ot
.........,'
"
.~J~..
'.'63;.iO-630"
J"~....~.•
"
La1ah::'Reynar.d".,
,s.,.."
oj'",.'
....'.
'...
Robert .~~Reyn~rd'
."
"
.,,
'.-f .'.~
.f
.-1
.•; • •"l ..,•'.--:.;..~W;k ..'.
,'-:......':.,,'":,':"',-.'~:.·r:'.':.,,~...',."
•",J ~lblttfntnrg ,anb 'j\ppr~tllrittrtlt of,the'goods and Cha!tekl,rlght$'and cr~dits wQith 1fJel'e"
..",.ta.,.....~,,'u.§,<',~••_..'f.-..;-.. (..'.::.r .....~.L -''1"i
.uf :..;::~Q.~~.~..~g.~R¢..m@~9.~..:~:late of :c..~:~Y:.;Qt.~IQnQil&4.be..l.: .
•'"'..."•<-~'.~•I •~,.,~_.".---..A.'•
Washington CoUnty,Pa.;taken and 'made in conformity with the abOTJe affidatJit,.~''',-.i:";~.'Q ;",Iw..'.•-~,.',",:~'.
"
,<
00
884 00.-,,'~~"
'..;'
."".."
.'....".;''
$,'941 24'.....,'
.,+~,..,',,.
...:
.l
:£iERSONALTY:-,......:."''.-..;;,~,.~~"1
J :"'....,o,."'.iii,"r l:~'....#~I ;...~~,\~"
t\cdount ..inPi:t·tsburgh Ns'tiqnal Bank.''.....':.
".:'.............:,'......",'."..'.'..'..,'
.Rent from Mrs.Floren¢eCout:tney··f)~c)mNovfamber 1.'
,I 1969,to Novemb~r 1,'~1971 -'(Z:z.moritha rent):.'. ,
"•~,.;~'~.•':~..'~.".....•'.Jl;.••.,,1,'
.,:'Rent .frOm Mrs'~'Mal'Y'F.~ne fJ:'6~N()vetBb~r;'l.·1969';':tp
",November 1 j ·1971 (24 ~nth$.·rent>.... .
.t·,;"-",_",~,......"!'-'"
\~~.
'·TOTAL·PERSONALTY .,J .,",';$3 ,1~324
'\
..
t "
$1.000.pO
.'
"..'
,'.,"
I ••
.~..
,'"REALTY:t •....y,.~
~,',,'•.,~'.,,'4 ~..',,,',".~~",",'.•J,'...Real Estate situate lathe/Firs.t.Ward of the Clty"of
Monongahe14 .W~~hlt,lgton.C9un~;•.Pennay Ivanla,,'.belog
,'tbe Southern one··half(l/~)'Qf·,tot NQ.6in·the '.
'".Nelson .Plan;.'of.Lots.·'Sold'.~o:Florence·M•.Court.,e,'
.',by Ul,lah Reynard,'.Administra~~~x'o,f 'tbe Sat..te;·of'
.~Robert E.,Reynard,'d.cease~."'.'.. "
I ~
>,to -;,..,
$4~133.24
.'.
"....,,""..
"'..'
;......
.,
~,..'-~..
,.'"
~,J '!."f",
,:':~,,:~,
/.,1.•
."
• •~>
"...,.-
'..
i-',~~•
."",,'.
'.Ii .
,),J...'
..,..~"
.'."
Y~.....:
"
.,".
I'
,.....;~"
~",..~..'
,".':,
'-'
.....,;~..
,.,'.';:,"<,'-~"'...~
<-~\:..
,.-.~,.::C'.
T\~~
;"
"
..;rt.,~
",.;\.
~:~!/'~...'J'/:;J-~.'.':~~~.
"
.'':'.
~".'",
.-:.:.."....
....,.;.
~"
""..
.'-:.
"~~£.~'!
.,
.......\
,<r
--.i-t.
'.t~{
',';:
-.-,':
·•..r.;.
'."'.
.-'-.:..
,',.:,.f'
.t
r·-'.<
-!!'.
..'f>"~~,~,,'"
,-
~,
.;;%.
~.;~~,-.-
~
.....
'.-.,-....
,.~~:-:-;:.
,,:'"""",'
-!I'.:'r.---'.',~'~
l:"'!'~'"
.-''''!'
./
~'"
.;:.~.
.~
...i.:.....
~'~~'"
...;......-....,..
"'"~.
I,
",,::'
,,;-l :=""
....,.,.
~:
;,.,
.-
~."".('
'f
~,..p:,~"
,:'f""
"'t.,~
'd
.",~'
'"
r."
"'-,,:'
;"
,'".
;~.,.!
-''10,..,
'':':--Jt..-::.
-;.:-:!,
1-•~,,,.:,'
:"
,.i::;
.'/:'
..~\.
~.~..
~.,,
j.:
,~'
-'..
,,,C"
'~'..
".':-
'.'
'.~",~'-;-,.'....
'.';".:
:.'''
..(,\,,,
of ROBERT E.
decease4,
."'.'-
~<.',\
,~;:~:'.,..
....,J.
,'(.,
.,'-
'-,-
:....-....
.,.~
~~,
Estate
B.EYNARD,
"".
..':-'
\).
63-70-630.
"""':,r/;';'
.;>'''.....-
TAE COURT OF COMMON PLEAS
WASHINGTON COUNTY,PENNA.
COURT DIVISION
".~~.
-~,
:r-,.<;;,OBJE~TIPNS ',:T9 AGC0l!.N~"~
IN
OF
ORPHANS'
IN RE:
NO.
'F:''PANEPI~O
ATTORNEY A!'jC COUN;5ELOR AT LAW f'
"c;.411 WA5)olrNGTON AVENUE,.,.t
t"-~;;·a.c.RLEROi~F'E~~;YL~~J~1!502~
,".~..f,..:..-j';'";'.;;.
..~;•.":~.,'J.~..,if··~;::~.
.~,
,
..;10-
..;,-
.,5
.:;;..~
..:'["~.
',,'\
"'.'"
...
"-~.,':..-
r'
,;'.".....::.
,
;7
,~.~.~
~'-
;-:~
\?
-'
r'
,.'~.
.....".
.-'
"~,:;
"'r,
..-,..~
-:-'o;:''P ~
"
.,'"~.
-\
•1"
-:-:
~".,:...i~:~
".-:;,
",'.
,~
,..",
"
........'
\\.
"1"
;!~~:
....-~
...•.":.
.....'.
"
.:~.:....
.",'
i'
";.~
;,
~;'lt~i
,.;......'
~.
~.;
_..-,~
<\
~.~,"'..."
....r,T
".,;-~?";.f'
~.~....
,'t-
.t.
\lor\~/'
.~
(
";.-'>
"
;-.~;:.
._,""",,_~.~.;_r •
I.,'.
,f'
'f..
'...t.).,
;;.;
.~-
.~-:,'
~~
'.'-;t.~.,!,.
"V"
...:1.....
~-.:.
r~'.
"
~~'.j..,.'l>'
~.."."j-.,~.("
.:,:/
,.........
i
\1.'.-:~....
!'.,J:'"
",t":,'""t,~J.'~'{";
.:;;:~.
...;~'~<fu:.f.t-'~
I
II "t
-.}~,,<
'J'
'iiI"
.......:,.
i.'
I ..;:.
...."'.
¥..:,::;,;:~,'~'"i<"r
O:""<~""'.'"~:';;-O~'i.'~:~::u ....Af-i(",;"-"''),.,)....o:0,m
~<~
Jl
'~
._flIloI))J">2""',>2"~l .c 'J_'~f!t'~,~'~"
t ii III ,~'""ip ','-,~r~·.-'N ,)";W.~~"t,,1'\[","'",.
,\I'-'~'1'"',',).'"','~,-'',":,.,~~~.\4_.'•
,;.~.",--~,\~~
i:-
_.~.:y.
J~
:.
"
·:''':~I.r
·.-,r';1:}~~>l~
~;...1/
"...ir -=---,
'J
)-.'-~t -.
II
~"J..''
IIIIi!I!
I
I!
I\I
as j,
II
.'.
NO.63-70-630J
)
)
,.~"
,/.p"
..~"
OBJECTIONS TO ACCOUNT
I
ThCit the Administratrix in the administration of the
reasons:
i.,
1.
'AND NOW,this 21st day of May,1975,RUTH ANN GREEDAN,
THE HONORABLE,TJ-IE AUDITING JUDGE:
TIlE COURT ()F COMMON PLEAS OF WASHINGTON COUNTY,PENNSyLVANIA
ORPHANS'COURT DIVISION·
heir of the decedent,IWBl:RT Eo Rl~YNARn,objects to the account
estate sold a certain parcel of property under Articles of
prjceQf $l,OOO.OO~
filed'by the'Administratrix of the Estate,LALAH REYNARD for tIle
IN RE:
Estate of ROBERT E.REYNARD,
deceased.
.1
fIN,
!II
III
i
II
IAgr;eement ,dated June 3,1971 to Florehce tbiirhi~y for the purchased
I
II I,II 2.The'sale price of the real es tate does not reflect a I
I I'I true market value and further that the sale was made on the basis I
of an Order issued by the Court subsequent to.a hearing in which "I !
I Judge Marino found that testimony of the Administratrix was I
I Ierroneousandfraudulent.!I,
I
THEREFORE.the Obj ectant"Ruth Ann Greedan reques ts this I
Honorable Court to otde~~he Ad~i~isi~ai~i~t~6stablish and prove I
that the transfer of the.subject property was a valid transfer I__I
entered into for a true and ~air market Value of said property.I!
\I
I!
i.I II~'.I~~~~~~~~~~;;;/-~~IES,9 •
i !,,
.,."_~_~_£~~"~~."~--.l ,
:ITO
I'.
.j
IIfo 110wing
1
"'t'
t.i .."
i ::1';
";-'..,.
!j
1!!,I
!
iIIappeared~
!!I,
Ii
Itj
I!
~),.;,I",;\.'.l\.,(".;.'.r··~··---lCREEDAN,.I
)
)SS:
)
are correct and true as she verily
Before me,the undersigrie~authbrity,personally
I
GREEDAN,who,being duly sworn according to law,deposes
that the facts set forth in the foregoing OBJECTIONS
..'
:;..
'I
...
,t ..I
"
.'\.•..
.~,
,...•".'"
',".
~'':...'ff".
......;,'t~.....
:·1Ii:.,.,
"
:."I!
!;_i ~
'.~'"''
~"":.,
.\.',
.,
',~'t
.,~..
I
Ii
IIl!!I
I
I
.,.,
';.-'
........,'..,........
IN THE COURT OF C01VINIONPLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DNISION
..
IN RE:",
Estate of
ROBERT REYNARD 1
Deceased.
(
)
(
)
(
.)
r (
ORDER
No.680 of 1970
WHEREAS,the above captioned estate is currently open;and
WHEREAS,the undersigned has represented persons who have an
interest in the Estate of Robert Reynardl While serving in the practice of law;
and
WHEREAS,it is ne.cessary for the undersigned to disqualify himself
..to adjudge any of the facts or.the law relating to the above mentioned matter;
NOW,THEREFORE,June 25,1973,it is ORDERED that the above
mentioned matter be referred to President Judge Charles Go Sweet for proper
assignment to the other Common Pleas Judges of Washingt~n County for
disposition of the same.
By the Courtl
-r-
m
u
'...
9
LO \BLeO
·32.00
1250r4.0 0
1 20.00
22932
·65.00
72.00
11.80
115.91
176.93
200.00
3,23
19213·
·3 a14
12.60
26231
10.00
21.00
3.15 .
1679.52T
J.JO@
9Li
lJJ 0
88
ttl3 324t S'
1679.82 -
4 5'3 J.+2 T
0·00 T
4J 133·24 +
4690.53 -
1J 442 • 7 1
T
32·00 +
12 • 5 0 .t-
14 •GO +
~r'240·00 t
229·32 +
65·00 t
72·00 +
l 1 •80 +
115·91 t-
176·93 ....
2:)0·00 I-
1 J •00 1-
IJ OJ 0 •00 +
206·(6 t-
206·(6 +
34 •CO +
3 •75 +
2J 690·S3 T