HomeMy WebLinkAboutOC1971-0101 - ESTATE OF MARINO~--.~~..-._._-----_._-~-------------------------------_.-,
(Form where decedent died Intestate)
~1Iu t4t @rp4ans'QInurt of maa4ingtnn QIounty
J
ESTATE OF (No.101 of 1971
I In the audit of the Se cond and Final
(GABRIELE E.MARINO,a/k/a
G.E.MARINO,...........---------------------.···-······-----D·~~~~~~d I Account of Russell Marino,
Administrator
\
I The petition of ----..B~~.~-~n.M·~-~~~~~-~·~--~f ..P~titi~-~~~i-'--···.--.-----..
!respectfully represents:..__...._ _.._ _ .
(a)The decedent died .._g~.~?_~~E..~!__}~_~.~__,intestate and
(Date)
letters of administration on---)~~.~....estate were granted ...Q.~.t.<?!?~.!.'J~!..)~61
(Date)
State (1)whether de-
cede,nt was married
or unmarried;(2)If
marrIed,whether a
husband or wife sur·
vlved _and his or her
name;(3)whether or
not there was anr
marriage settlement;
(4)whether or notfamilyrelationwas
maintained until de-
cedent's death;and
(5)whether the de-
cedent left children
-or issue of deceasedchildren.
I as per record thereof appearing 111 Administration
No :_.~_~_.._at page 9.9 ..
Decedent was survived by
Russell Marino '...:~Brother
P.Vincent Marino -Brother
Ralph Marino -'Brother
Teresina Marino -Sister
Anthony L.Marino -Brother
and Bond Book
within h(b)At the time of death,the decedent's domicile was fttboot t e
Commonwealth of Pennsylvania,to -wit,at __~.<?~~~..e.~E~J?-~!?:~..~9.~?:~?~P..~
(Town or Township,State and Nation)
and residence was at _}}_~~__~_~~~..M~~~~.~__~~£.~~.~!__.W.~~.~.~g.~9.~!...~.~?:~~.~.
(ToWIl or Townshl!l,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 representation are as follows:
NAMES
Rus sell Marino
P.Vincent Marino
.-"':",jRalphMarino
Teresina Marino
Anthony L.Marino
Relationship
Brother
Brother
Brother
Sister
Brother
Of age,sui·Name of Guardinn,Trustee or Committee,juris,or not,if any,of beneficiary,manner nnn 111ace
Interest (write yes or of record of appolntm~nt and Is hontl
no).sufficient to cover and protect share.
IStateexceptions,If
any,giving names
and dates of deathandthenamesof
their executors or ad·
minlstrators,or tbenamesoftheirIssue
as the same marbematerial.
Describe type of
notice.
All of said parties 111 interest are living,:eu§t}tk
(d)All parties having any interest have had............notice of the
filing of the account by Letter,copy of which is attached h&reto:
~-
~
~.,..
.,.<
(e)Balance for distribution per Account
(f)Additional debits,not shown by Account
(Itemize)
See attached.
(g)Additional credits,not shown by Account
(Itemize)
See attached.
.'•Ct '"'
$._}!_-~.?~:_-~-~..
.f.
$451.52
~-:~...._..._....-.---_...
~'Z5
Insert word "not"
where necessary.
If t a x a b Ie,state
whether tax has been
paId.
If too many for the
space,annex a list
thereof;If no such
claims,Insert thewordflnone."
If any creditor or
other claImant has
not received actual
notice,that fact must
be stated.
Indicate such claims
as may be secured or Ientitledtoaprefer-
ence,and gIve de-
t a i led Informatlor,
concernIng such se-i
curlty or preference.
$_\,::_)?_?_:_:?~-
not $)~,-~~-~::.§~?--~
(h)Claim for exemption has been/made,and has_..~.<?~__..been paid.
(i)The estate is .......subject to the payment of inheritance tax
to the State of Pennsylvania.
(j)The estate is_.~.<?_t.subject to the payment of the county 4
mills tax.
(k)The estate is ..subject to the payment of Federal inherit-
ance tax.
(1)All creditors (and other persons who have complied with Rule
II,Sec.9),of'whose claims the ac countant..~~~__notice or knowledge,
have'L....received actual notice 0 f this audit;the amounts of their
claim~and whether or not they are admitted to be correct are as fol-
lows:
Here Insert a refer-i
ence to ail qucstion~:
requiring adjudica-
tion,and a statement
of any materIal facts
not already given.If
none Insert the word
"none!'
If any share has been I
assIgned or attached I
that fact should also
be stated here.
(m)None
'.7
State kind,form andcharacterofproperty
composing the bal-
ance for distribution.
and If any part
thereof Is not cash,
whether or not there
has been any election
to take such part In
kind.
(n)The balance for distribution consists of property in kind,form
and character,as·follows:
Balance in Cash.
•
Estate of Gabriele E.Marino~a/k/a G.E.Marino~deceased
Petition Sur Audit
\
Additional del~ts,not shown by Account:
3/30/71
7/5/71
1/11/72
1/11/72
2/11/72
5/10/72
First Federal Savings &Loan Ass.
Dividend to March 30,1971
First Federal Savings &Loan Ass.
Dividend to June 30,1971
First Federal Savings &Loan Ass.
Dividend to Sept.30,1971
First Federal Savings &Loan Ass.
Dividend to Dec.31.1971
A.L.Marino,reimbursement on Murre11e
Printing Co.,printing of Brief at No.87
March Term.1971
First Federal Savings &Loan Ass.
Dividend to May 10.1972
Total Debts
$68.15
67.61
67.05
67.89
111.71
69.11
$,451.52
Additional Credits.not shown by Account:
4/1/71
7/15/71
7/15/71
8/24/71
8/24/71
2/11/74
5/10/72
5/10/72
6/7/72
6/7/72
Murrelle Printing Company,printing
of Brief at No.87 March·Term~1971 $111.71
Delmer C.Larkin,South Strabane
Township Tax 4.00
F.J.Buckley Insurance Agency,bond 65.00
Delme r C.Larkin,School Tax 33.99
Malcolm L.Morgan,County Tax 9.18
F.J.Buckley Insurance Agency.bond 20.00
Malcolm L.Morgan.County Tax 8.72
Pa.Dept.of Revenue,Fiduciary Income
Tax Return 4.67
Delmer C.Larkin,South Strabane Township
Tax 4.~00
F.J.Buckley Insurance Agency~bond 65.00
Total Credits $326.27
-----------------------~~-
..
Are there any ad-
vancements by dece-
dent to be consIdered
an dIstribution and
has any distribution
on account been made
by accountant to any
distributee?
If prior account,
have been filed,listnumberandterm.
(p)None
(q)Give brief location of any real estate sold.A small undeveloped tract located in South Strabane Township,off Route
#40,to Russell Marino,individually,by Order of Judge Charles D.
Copeland.
(r)No.292 of 1964 A.A.
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):-
Russell Marino -1/5
P.Vincent Marino -1/5
Ralph Marino -1/5
Teresina Marino -1/5
Anthony L.Marino 1/5
County of Washington,ss.)And your petitioner will,etc.,
The above named petitioner being duly
sworn doth depose and say that the
facts set fQ;th in the fo~egoing petition ?r .
are true to the best of h .};~_.knowl.edge)-----l ~1..\...W'~"J"'~'~"and belief.(Signature of Petitioner)
S;'7tt ~a:no~~~~~~~~O~l~~kt~is
...__~.72JJJI...Rt4VUJ/__. _
~~.-.-:..;.,:;.~:;).:::::..:?..-----·-·--:;-o-:.:;;~-~····-······-··----····
~(~~,,<'~~"Jjo,:'\""~:+~~I,,}6\:
,
FORM IN CASES OF INTESTACY
No.J~~9.~~.~.?_~__..~i~:{_q9~~X
IN THE
ORPHANS'COURT
WASHINGTON COUNTY,FA.
GABRIELE E.MARINO.a/k/a
Estate of 9_~_.~.~~~_~!_~9.~_...__............__._...
Deceased.
Sur a<:count of RUSSELL MARINO........_----_---_._-~_-_._-_._-_.
ADMINISTRATOR.
PETITION SUR AUDIT
In Conformity with Court Rule III,
Sec.5 (B)
COUNSEL FOR THE ACCOUNTANT WILL
SUBMIT HEREWITH
1.The letters of administration.
2.A copy of the inventory and appraisE.ment.
3.Proof of advertisement of the grant of letters,
if not filed with account.
4.An appearance for those represE.'I1ted.
5.InheritancE.'tax receipts,if any.
6.Certificate of liens in case any of the funds for
distribution arc 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.
THOMASJ.TERPUTAC
c •
Attorney for Ac<:ountant.
MONONGAHELA PUBLISHING co.
Q!ommonwraltq of JrnnBuluania,tiS.
lIas4ington aIonnty,~
J
I,James H.Douglas ,Register for the Probate of Wills and Granting
Letters of Administration in and for the County of Washington,in the Commonwealth of Pennsylvania,
to Russell Marino
administr ator of all and singular the goods and chattels,rights,and
G.E.MARINO
credits,which were of GABRIELE E.MARINO,a/k/a late of Washington County,deceased,
GREETING:
WHEREAS,the said GABRIELE E.MARINO,a/k/a G.E.MARINO late of
South Strabane Township,in the county aforesaid,lately died intestate
(as is affirmed),possessed of divers goods and ch~ttels,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
prescribed 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 19th
day of October in the year of our Lord one thousand
nine hundred and sixty-one (1961).
----------------------------
.....-_..._~_.~_________ ____...___.~_'........r _!-I
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,
PENNSYLVANIA
ORPHANS'COURT DIVISION
GABRIELE E.MARINO,
a/k/a G.E.MARINO,
IN RE:.
ESTATE OF
)
)
)
)
)
)
)
Deceased.)
NO.292 OF 1964,A.A.
NO.1 PARTITION OF 1966
NO.101 OF 1971
SECOND AND FINAL
ACCOUNT OF RUSSELL MARINO,ADMINISTRATOR OF
THE ESTATE OF GABRIELE E.MARINO,a/k/a G.E.MARINO,DEC.
Period Covered:September 17,1964 through January 10,1971
The Accountant Charges Himself as Follows:
Personalty (Cash -as per Adjudication and Decree
dated September 17,1964)$12,043.30
Real Estate -South Strabane Township,Washington
County,Pennsylvania -as per Adjudication and Decree
dated September 17,1964 was $3,500.00.Real estate
originally consisted of 12.810 acres subject to
appropriations by t he Commonwealth of Pennsylvania
for highway purposes.As a result of Declaration of
Taking filed on January 10,1969,the Commonwealth
deposited the sum of $4,295.00 with the Prothonotary
representing the amount of just compensation alleged
to be due the condemnees as per Order of Court of
Common Pleas.As per Order of Court dated Dec.10,
1970,real estate was sold to Russell Marino for $700.00.
Down payment of $70.00 was made to the Estate by
Russell Marino;however,said sale is now subject to
a Petition for Supersedeas filed by Anthony L.Marino.70.00
Additional Assets of Estate:
12/3./64
6/30/65
8/1/65
12/31/65
6/30/66
First Federal Savings &Loan Association,
Dividends to 31 December 1964
First Federal Savings &Loan Association,
Dividends to 30 June 1965
Deposit on Refund of Tax Adjustment
First Federal Savings &Loan Association,
Dividends to 31 December 1965
First Federal Savings &Loan Association,
Dividends to 30 June 1965
120.43
241.40
26.87
244.00
233.03
CD , I
,.•
"--
12/31/66 First Federal Savings &Loan A.ssociation,
Dividends to 31 December 1966 $265.46
6/30/67 First Federal Savings &Loan Association,
Dividends to 30 June 1967 271.42
12/31/67 First Federal Savings &Loan Association,
Dividends to 31 December 1967 274.81
6/30/68 First Federal Savings &Loan Association,
Dividends to 30 June 1968 155.86
4/29/69 First Federal Savings &Loan Association,
Dividends to December 31,1968 125.86
4/29/69 First Federal Savings &Loan A.ssociation,
Dividends to 31 March 1969 67.92
7/23/69 First Federal Savings &Loan Association,
Dividends to 30 June 1969 67.66
9/30/69 First Federal Savings &Loan Association,
Dividends to 30 September 1969 68.47
12/31/69 First Federal Savings &Loan Association,
Dividends t9 31 December 1969 67.92
7/15/70 U.S.Treasury,Tax Refund,Check #
75152416 plus interest 138.40
7/15/70 First Federal Savings &Loan Association,
Dividends to 31 March 1970 71.94
7/15/70 First Federal Savings &Loan Association,
Dividends to 30 June 1970 72.84
10/15/70 First Federal Savings &Loan Association,
Dividends to 30 September 1970 74.26
12/8/70 Reimbursement,Estate Costs,Thomas
J.Terputac 123.78
1/7/71 First Federal Savings &Loan Association,75.39
Dividends to 30 December,1970
Total Assets $14,901.02 -Jirr-
The Accountant takes credit for the following disbursements:
1965
3/22 W.E.Pound,taxes
(1.)
$22.00
3/22
4/30
8/31
8/31
8/31
11/22
11/22
1966
2/11
2/25
5/26
5/26
6/22
6/22
6/22
12/8
1967
7/12
7/12
10/13
1968
5/23
6/17
8/1
9/9
9/9
10/11
11/14
"..
W.E.Pound,taxes
Delmer C.Larkin,School Tax
Russell Marino,County Treasurer,taxes
Delmer C.Larkin,Road Tax
Delmer C.Larkin,School Tax
Murray A.Bronson,taxes
Murray A.Bronson,taxes
Josephine Douglas,Register of Wills
F.J.Buckley Insurance Agency,bond
James B.Auld,preparation of Income Tax
Internal Revenue Service
Russell Marino,Co.Treasurer,taxes
Internal Revenue Service
Delmer C.Larkin,taxes
Delme r C.Larkin,taxes
Russell Marino,County Treasurer,taxes
Delme r C.Larkin,taxes
Delmer C.Larkin,taxes
Delmer C.Larkin,taxes (road)
Internal Revenue Service
Malcolm Morgan,County Treasurer,taxes
Internal Revenue Service
Delmer C.Larkin,School Tax
F.J.Buckley Insurance Agency,bond
F.J.Buckley Insurance Agency,bond
(3)
$3.35
67.78
25.34
12.67
62.08
5.20
34.11
25.00-
40.00-
5.00 .
520.00
24.07
164.82
12.42
86.88
24.07
12.42
85.14
15.96
5,545.32
27.51
1,242.71
94.01
105.00'
20.00 .
·'
1969
~.
J,"
4/29
6/20
6/20
6/20
10/30
12/31
1970
7/15
7/15
7/15
10/15
11/16
12/8
12/8
1971
1/27
Delmer C.Larkin,Road Tax
Malcolm Morgan,County Treasurer
F.J.Buckley Insurance Agency,bond
Malcolm Morgan,County Treasurer,taxes
Murrelle Printing Company
Delmer C.Larkin,School Tax
Malcolm Morgan,County Treasurer
Delmer C.Larkin,Township Tax
F.J.Buckley Insurance Agency,bond
Delmer C.Larkin,taxes
F.J.Buckley Insurance Agency,bond
Josephine Sciamanna,Executrix of the Estate of
Edward V.Sciamanna,deceased,costs advanced
Thomas J.Terputac,Esq.,costs advanced
Russell Marino,Register,filing Account
Thomas J.Terputac,Esq.,costs advanced
Thomas J.Terputac,Esq.,attorney's fee
Russell Marino,Accountant's commission
Total Disbursements
SUMMARY
$-15.96
8.12
65.00'
.60
114.78'
31.62
8.72
4.00
65.00'
30.99
20.00·
12.70 .
38.70'.
18.00 .
20.84·'
1,500.00
2,790.00
$13,027.89 ('"
Principal
Disbursements
Balance
$14,901.02 t,
13,027.89 '--
$1,87 3.13 "-.
•t''(',
'1
STATE OF PENNSYLVANIA,
WASHINGTON COUNTY,
The within named Accountant bei~duly sworn according to law,depose
as stated is true and correct as ~.._ _.._verily believe.
and say that the above account
Sworn and subscribed before me this .r2.1f!:........
day af --M---------------------1911..._~.nlJiJ lf?MMV.---.
Washington 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
~~::::ifb;~e~\~t~~~~.~~3.~_1e/.%l~~~.~'..~~.~~-i.~.~~ce by proofs
"Witness my hand and offici~1 seal thiS...t..~_.._._,_.
day of.~: ---,,911..
.f)niJ .<:Jan''.~..J.l.~~....-..-....:..-...
Register of Wills
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au!wJa~ap o~pa~sanbaJ Alln~padsaJ S!~Jno)aLjl.
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COpy·OF IMVENTORY
Russoll l'wlco ---.......
Gnbl"lclo B.Morino,allIIn G.E.~11lO,
000:1010 E.Morino
._.-..
,
".......
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.1JnUtntnrll anb i\.ppraistmttd of the goods and chattels,rights and credits which were
-...r'".!~"'
.of_··_-Gabi!t-elQ.~E..·-Mw·lno.··_····_····_··;······~·····-,····-.__.late of_...:S.cutb.Btrob.ono..T.ov:tJShip.._.
Washington County,'Pa.,t~ke~and "!lade in co~f~rmity with theabo~e affidaVit...";:.,..-
DOLLARS C~TS
!~rBona1tE ChcehJ.ng c.eeount,Pittsburull t\ntt~l Sank.~'t!Sh.00..17£:8.(J'f./
Cnccltleg nee~u::t,Firct l\!~lonalBnnlt,KlGolnuLeo.Flortdn,1000.~~
Cosh on pOl'£Son oed in homo,S05.00
Refund,Flol"lan Po~oz Compnny,. ..I 15.~~/0\
B,ofunc;1,v.:cot Penn Farler Compnny..3.IV \~,
].:'crool1!ll ltemo:RclrlCJi"ator 26.00 .
p~l~OO
noll Top Deslt 5.00
1 Glngl0 Bcd 6.00
1 Small Drosser 6.00
1 V:ordrobo 5.00
.',MtGcol1nncnus Kitchen UtenaUs 6.00
Slcol1?iUng Cobinet 10.00 .
1 \./rlUng Desk nnci Chnlr 6.00
1 Humidifier .6.00
1 Smell Redto 6 CO '
I .'.6.·-nn .~("'.~1 COnDolo Radio ~
I Proceeds of condomtmllon proceedlng by CorntIiont7coltb of Ponl13ylvnnlo,
tnltlng about 5 c.crctJ of 1nnd dencr\bcd bolot'J.seooo,00 'V
TOThL PERSONALTY $42312.11
,Rent Estnte"..ALL U1nt certain tro.ct of lnnu sUuo.to \n South Strnbano
.ToVJtUJhlp,VJoohlogton County,Pennoylvnnlo.ooundCCl by lnncio of R.tJ.
Carrons,tho Nc.Uo~PIke (U.S.Route OO).londn·of Shormnn t".:c.ltero •
.nnd Plymlre Brothorn.Containing 12.91 o.crC:l.according-to aurvoy 01
'V..llUnm G.Vv'yUot C.E.,dctod Apr1l6,1033;oUbJect to throe contlcm-
:altlons of land by tho Common~Jca1th of Pet1tU3ylvnnln for Stnto bl~ocny
:purpoeoo.For tond description,seo DCQd Boot!Volumo 6e7,p:lgo'57--t~500.00
,(Prescot romolnmg orCtl -6,762~Q.Crcs ourfo.cc)
I PrOPSItv optlJjaQ..P..£nnaxlvanla--wt of grolllUl and smnll coUCuo,
;Interoccon CUy &e A Blh 28 Thet!i=J,rt of EI/B of N 80t Lot 3 ~n9
'I·S of ST RD 2.;u>t nOOut 20 it.by 80 ft.-0001:10 01500.00,
(Sm.to of l71.ortdn -Osecoln County)
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August 30,1972
Honorable Arnold D.Smorto
Orphanst Court D1vision
Ebensburg,Pennqlvania
Dear Judge Smorto:
Enclosed '1a an Adjud1cat1on and Decree 10 tho or161Ju11
and a COW,tor the estate of Gabriele B.Uar1no a/k/ao.E.14ar1no,deceased,a resident ot our county,in
1Ihich case you are acting specially.
The copy 1a tor your tUes.
I am toldng two days oft,Thursdq and Friday this woak,
but next week I can be reached at (1a2)22,-0100,
Ext.29.(Orphans'Court).
Sinceroly yours,
John Hana,
Audit Clerk
J
.'
,.
~u t4~QJ:nurt uf QJ:ummnu 'l~nl1 uf mnl14tugtnu QJ:uu1tty,
'~uul1ylnnuin,(0rp4nul1f QJ:Uurt iiuil11nu
ESTATE OF
Gabriele E.}larina,a/k/a
G.E.Marino
deceased.
No.63-71-101
In the matter of the'_---ll!Se~co~nA!l!dL....Sllanwd.........F....1na1 _
Account of Rnsse)'Marivo
Adm1 nistrator
ADJUDICATION AND DECREE
And now ,19__,this matter came on for hearing,
audit and distribution at this session and testimony taken;and thereupon,upon due consideration
thereof of the balance for distribution in the hands of the Accountant is determined to be
$L998.38 and the account is accordingly confirmed;and it is ordered,
adjudged anJ decreed that the said balance be paid out by the Accountant in accordance with the
schedule of disribution hereto attached and made part hereof,unless exceptions hereto be filed
sec.reg.or an appeal be taken herefrom sec.leg.
Terputac
Munce
R Marino
SCHEDULE OF DISTRIBUTION
Balance per account _
Additional debit asked at audit
Additional cred1t asked at audit
Balance _
Deduct Clerk's Costs &Receipts _
Attorney T.....ho.........mlCloaCl-s-"JL.4.l---L.Tel;L",,"+"'JUlt~a¥-c _
!i~1.2~
326•.ll
17.00-
$1,873.13
$1,981.36
Thomas J.Terputac,Esq.,extraordinary services,
defending against [fa appeal",
Thomas J.Terputac,Esq.,reimbursement for ,_
Filing order in re "Straw-man conveyance of R Eirealestatetransferstamps
J.Hammond,costs of transcript of audit hearing
222.0q
$1,456.38
$2.,0
7.00
9.10'18..60
$1,437.78
Debit -Unliquidated claim in condemnation action by
Penneylvania Department of Highways,pending
at No.41 January Term,1969,in the Court of
COl!1!tlOn Pleas of Washington CountyJ PennsylVania,
upon which there has been paid into Court by the
Camoomrealth as esthlated just compensation the
sum.of 8429,.00
-Balance of purchase price from sale of
real estate Decreed by Order of Court under
date of December 10,1970 under Section 734
of the Fiduciaries Act (see order ot Court
under date ot July 6,1972 at No.1 Partition
of 1966)-(the down payment or $70.00 or~thereon having been already charged in
the accounting)630.00
-Reimbursement to the estate by Russell
lfarino of 1/2 of the 1972 real:'estate
taxes aseessed against the estate of
the decedent,23.32
Delmer Larkin,S~Strabane TOlfIlShip tax collectorSchooltaxfor1:f72,credit to be taken by the ac~ountant
for funds advanced prior to distribution oy the ~~,
4948.J§
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4295.00-$2,057.15
hll.43
411.h3
411.43
!~1.43
4U•.YJ
No balance
Credit to be taken by the Accountant-Fiducial7 for funds
d,posited by the Pennsylvania Department of Highways in tht
Court of Ca:DI1On Pleas of Washington County Pennsylvania
at No.41 January Term,1969,representing estimated just
compensationfor condemnation action at said NUllber and
Term -funds aforesaid being the subject of an Order of
the Court under date or July 17,1972 and fUed to No.1
Partition of 1966,
Russell Marino,brother,1/5 balance;
P.Vincent Marino,brother,1/5 balance,
Ralph l(arino,brother,1/5 balance,
Teresina Marino,sister,1/5 balance,
Anthony L.Marino,brother,1/5 balance,
NOTE:It appeara'.to the Court that the transfer 1nheritc~ce tax
in this estate may be over paid.There is no surcha1 ge
entered,'o',.0 •".0 '0 '1 as it would appear }~ghly'
unusual for a Fiduciary'to be~able 'to anticipate the
extraordinary cW-cuiustanbits,'that',have contributed tc
this overpayment,however,the Fiduciary is ins.tru.c1led
to fUe a claim with the proper authorities andA!'eq\est a reft:lnd
of tho taxes overpaid and i~aJtiIiwhen received,he s-}all
distributee the funds to the<\he1rtJJ.egallT'eit1tled!as set fatith">
above 0 iii thedistributionof the balance,lind nt ",0 ""0 '.'"t,1
, • "_•}:'1,",~,r;',!l}·t .,'l-j1}"',0 '0 ",.'.''','the
fUing or receipts from the heirs or the cancelled checks or II achine
copies thereof shall act as a discharge of the items and no ft rther
formal accounting of the fund to the Court shall be l18cessaI74
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FIRSTFEIERAL SAVINGS AND lDhN ASSOCiATION..•..OF WASHlNdiON .
SOUTH MAIN STREET'WASHINGTON,PltN""'.1"-,
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PAY
Ralph Marino
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,
PENNSYLVANIA
ORPHAN'S COURT DIVISION
'IN RE:
ESTATE OF
GABRIELE E.MARINO,a/k/a
G.E.MARINO,
Deceased.
)
)
)
)NO.63-7.1-101
)
)
)
)
PAY TRANSCRIPT
I,the undersigned,one of the distributees under the
Adjudication and Decree at the above number and term,do hereby
.ft'LL 33acknowledgereceiptoftheamountof~,t l~--and
Russell Marino,Administrator of the estate of Gabriele E.Marino
a/k/a G.E.Marino,deceased,is released and discharged from
any and all liability in connection with the administration of
the above estate.
Dated this __--+/...:..t,,-7t_day of
WITNESS:
Vt~~Teresina Marino
...'...I\.\.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,
PENNSYLVANIA
ORPHAN'S COURT DIVISION
IN RE:)
)
ESTATE OF )
)NO.63-71-101
GABRIELE E.MARINO,a/k/a )
G.E.MARINO,)
)
Deceased.)
PAY TRANSCRIPT
I,the undersigned,one of the distributees under the
Adjudication and Decree at the above number and term,do hereby
1 .\)~acknowledge receipt of the amount of Li \~and
Russell Marino,Administrator of the estate of Gabriele E.Marino
a/k/a G.E.Marino,deceased,is released and discharged from
any and all liability in connection with the administration of
the above estate.
Dated this ____...~YQf iV~972.;.
WITNESS:
r I '&Q=:!4 .
P.Vincent Marino
acknowledge receipt of the amount of
&....,
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,
PENNSYLVANIA
ORPHAN'S COURT DIVISION
IN RE:)
)
ESTATE OF )
)NO.6 3-·:Z 1-101
GABRIELE E.MARINO,a/k/a )
G.E.MARINO,)
)
Deceased.)
PAY TRANSCRIPT
I,the undersigned,one of the distributees under the
Adjudication and Decree at the above number and term~do hereby
,$'-I II :-a~d -
Russell Marino,Administrator of the estate of Gabriele E.Marino
a/k/a G.E.Marino,deceased,is released and discharged from
any and all liability in connection with the administration of
the above estate.
Dated this
r:t.kO -day of h~,1972.
WITNESS:~LIRussJiMaI:ino
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISIQI.\J"
J
HEA RING ON AUDIT
GABRIELE E.MARINO,a/k/a
G.E.MARINO,
T HE HONORABLE P.VINCENT MARINO,Judg
of the said Court.
IN RE:
ESTATE OF
:!z~Deceased.
>!VIz
ZIIIa.
io~~BEFORE:
i:VI;
)
)
)
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)
)
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No.101 of 1971
1 in Partition 1966
the estate of Gabriele E.Marino,also known as G.E.Marino.
The Administrator is Russell Marino and the attorney is Thomas
J.Terputac.This audit was to have been heard this afternoon at
ti~APPEARA NCES:
Ul
Q...cUQ
;TIME:
~III
aiII:III~~THE COURT:
I.IIIII:
k::loU...CUii:...o
THOMAS J.TERPUTAC,ESQ.,of Washington,
Pa.,re presenting the Accountant.
Thursday,March 18,1971,at 10:00 o'clock
A.M.,EST.
The last audit on today's list is at 101 of 1971,
1:30 o'clock P.M.specially by Judge Charles Copeland of West-
moreland County.Judge Copeland has contacted the Court and
he is continuing this audit indefinitely.So thatiLtwill be~so'marke .
This audit will be continued indefinitely.
(A UDIT CONTINUED)
~z~I hereby certify that the proceedings and evidence are contained
>-UlZ~fully and accurately in the notes taken by me on the hearing of the above
II,
i~cause,and that this copy is a correct transcript of the same.
CIziUl~
tiitt-IDQ
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vi The foregoing record of the proceedings upon the hearing of thell:~~above cause is hereby apprQved and directed to be filed.
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In the matter of the Audit of Account in
Estate of GABRIELE E.MARINO,a/k/a
G.E.,MARINO,deceased.
TO THE AUDITING JUDGE:
101 of 1971No._
Enter m_Y"----'appearance for Russell Marino,Administrator.
)J_--="'~,day of J \t-'-1 '19~
N.B.-Counsel shall,by separate paper,present a concise statement of each
claim,with supporting caleuIat ion of any interest claimed.Objections
to an account as filed,shall be concisely stated in a separate paper.
Council suggesting·proper distribution shall file a separate concise state-
ment in that regard.
No.101 of 1971
In re Audit of Account in Estate of
GABRIELE E.MARINO.a/k/a
G.E.MARINO.deceased.
AUDIT
Jrarripr fnr J\ppraraurr
FOR
RUSSELL MARINO.
ADMINISTRATOR.
THOMAS j.TERPUTAC'.
~2 i";
~\
Attorney
..'.~
EDWARD MUNCE
Attorney and Counsellor at Law
118 North Office Building
P.O.Box 3265 .
Harrisburg,Pennsylvania 17120
(717)787-6427
February 19,1971
Clerk
Orphans Court of Washington County
Courthouse .
Washington,Pennsylvania 15301
Re:Estate of GABRIELE E.MARINO,
a/k/a G.E.MARINO,Deceased.INo.292 of 1964.A.A.
No.1 PARTITION OF 1966
No.101 of 1971
Sir:
Enclosed for filing and docketing is the
"OBJECTIONS TO ACCOUNT AND AUDIT"in the above
estate.
A copy thereof and of this letter is being
sent to President Judge Copeland and Mr.Terputac.
Very truly yours,
EDWARD MUNCE
EM:sm
Enclosure
--------------------------~
.,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,
PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
Estate of GABRIELE E.MARINO,
also known as G.E.MARINO,
Deceased.
NO.292 of 1964.A.A.
NO.1 PARTITION OF 1966
NO.101 of 1971
OBJECTIONS TO ACCOUNT AND AUDIT
TO THE HONORABLE CHARLES D.COPELAND,SPECIALLY PRESIDING:
AND NOW this 19th day of February,1971,comes
ANTHONY L.MARINO,an heir herein,by his counsel Edward
Munce,and files the following objections to the account
now scheduled for audit and to the audit thereof,for the
reasons hereafter stated:
1.The account is presumably filed by Russell
Marino,as Administrator,with himself,as Register of Wills
and Clerk of the Orphans'Court,in continued repudiation
of the caveat of the Supreme Court in the last prior appeal
reported at 440 Pa.492.
2.The "account"is an account in name only,since
it ignores the basic requirements of the Sup.Ct.O.C.Rules,
both as to form and substance,namely:
(a)6 SCROC 1 (a),(b),and (c)
(b)6 SCROC 3
(c)6 SCROC 5,which contemplates filing with
a judicial officer other than onself.
Cd)6 SCROC 8 which requires that a copy of
every account respecting a veteran be
o
·,
filed with the u.s.Veterans Administra-
tion.The deceased was a veteran of World
War I and receiving substantial disability
payments at the time of his decease.
3.The main item in controversy is the estate real
estate contained in the original and sole inventory filed,and
now the subject of the appeal pending before the Supreme Court
of Pennsylvania.Resolution of that appeal greatly concerns
other items in this account,such as accountant's and his
counsel's fees,and the scheduled accounting is not in the
best interests of the estate or of the undersigned appellant
who lives near Harrisburg and should not be subjected to the
unnecessary expense and harassment of piecemeal "accounting".
Even if the appeal be ignored,the instant account
omits the main items of account,the said estate real estate,
which has been in the sole charge of the accountant for the
past nine years and more.Said unaccounted stewardship is
the subject of a companion pleading filed (entitled ANSWER TO
ADMINISTRATOR'S PETITION TO ABANDON AND TO RENOUNCE ESTATE
PROPERTY)which Answer is incorporated herein by reference
thereto.
4.The undersigned heir believes and therefore avers
that his prior requests to your Honorable Court for the removal
and replacement of the present accountant for cause are still
pending and undisposed of,and that hearing thereon and dis-
position thereof,as well as disposition of the pending appeal,
should precede any audit of the present account.
- 2 -
----------
..
5.Said heir also believes and therefore avers
that his petition to your Honorable Court dated December 22,
1970,and entitled "PETITION TO PREVENT ENCUMBRANCE AND TO
SET ASIDE AWARD OF REAL ESTATE",still awaits hearing or a
reasonable opportunity therefor,and should be finally dis-
posed of prior to audit of the instant account.
6.The account is incomplete and is not separated
as to realty and personalty or as to principal and income:
(a)It attempts to obscure rather than
account for the accountant's nine years
of stewardship of the estate real estate.
(b)It fails to charge the accountant with
12 "Persona-l Items"-listed in his
Inventory and Appraisement.
(c)The account takes credit for
Attorneys fee $1,500.00
Accountant's commission 2,79'0.00
Total $4,290.00
These two items,totaling $4,290.00,for purported
services to the estate,are,instead,an additional signal
disservice in fraud of the estate and for self-enrichment,
and should therefore be rejected.
Further,the accountant should be surcharged for
his actions and omissions in prejudice and in fraud of the
estate and of one or more of the heirs,and especially the
losses and penalties ~uffered from inexcusable delays in tax
payments,including the state's inheritance tax and the
Federal Income Tax.
- 3 -
'I
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•
These matters involve the issues raised in the
appeal pending in the Supreme Court,and should await
resolution of those issues and return of the record to
the Court below.
Respectfully submitted,
Edward Munce
- 4 -
..
COMMONWEALTH OF PENNSYLVANIA
ss;
COUNTY OF DAUPHIN
ANTHONY L.MARINO,being duly sworn according to
law deposes and says that he is a co-heir of GABRIEL E.
MARINO,tleceased;that the objections above set forth are
not filed for the purpose of delay,but because it is
believed that they raise proper questions regarding the
·assets and liabilities of decedent's estate and the balance
available for distribution to the parties fairly entitled
thereto,and in order to prevent injustice in the adrninis-
tration and distribution of decedent's estate.
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I'----------------
IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVA~IA
ORPHANS'COURT DIVISION
NO.292 of 1964.A.A.
NO.1 PARTITION OF 1966
NO.101 of 1971
IN RE:
Estate of GABRIELE E.MARINO,
a/k/aG.E.MARINO,
--"T-----------
....
...,
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Deceased .
\,,-~.,--../
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OBJECTIONS TO ACCOUNT AND AUDIT
.-EDWARD MUNCE
Attorney and Counsellor at Law
~118 North Office Building
~P.O.Box 3265
Harrisburg,Pennsylvania 17120
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•
IN THE COMMON PLEAS COURT
ORPHANS'COURT DIVISION,WASHINGTON COUNTY,PENNSYLVANIA
In Re:Estate of
GABRIEL E.MARINO,alias dictus
G.E.MARINO,
Deceased.
No.1 Partition of 1966
ORDER OF COURT
AND NOW,to wit:this J7~i day of March,1971,
at the request of Edward Munce,attorney for Anthony Marino,
the Audit and hearing scheduled for March 18,1971 is hereby
continued to a day to be set.
Attest:
Clerk
In Re:Estate of
Deceased.
~"I
;
ORDER OF COURT
IN THE COMMON PLEAS COURT
ORPHANS'COURT DIVISION,
WASHINGTON COUNTY,PENNSYLVA$A
No.L Partition of 1966
GABRIEL E.MARINO,aI/die
G.E.MARINO,
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RULE 63.Immediately upon entering his appeal,appellant shall serve notice thereof on the opposite party or hi~coun~cl;
on the stenographer who took the testimony,if the olTicial transcript thereof has not been filed;also on the judge who made any
ruhng or entered any orllcr,judgment or decree,of which appellant complains and the reasonslor whIch do not already appear
of record;and shall promptly file in the court below proof of the service of such notices.'"A failure to comply with this rule and
promptly to serve notil:e on the court helow,with a concise statement of the matters complained of and regarding which it is
alleged the reasons therefor do not appear of record,may he wnsidered as a waiver of all ohjections to the ruling,order,judg-
ment or decree in question.On receipt of the notice here required,the olTicial stenographer ~hall forthwith proceed to have his
notes transcribed,approved and filell,and the court below shall forthwith file of record .It least a hrief statement,in the form of an
opinion,of the reasons for the ruling,order,judgment or decree therein referred to,or shall specify in writing the place in the record
where such reasons may be found,and this opinion or writing shall be attached to the record and printed as part thereof.
"'Cbartiers Val.D,&L.Ass'n v.Ende,281 Pa.396, 397.
IN RE:~state of
GABR Ii.L i:.~',fARINa,
also known as
G.:C;.!\i4.HINO,
deceased.
Il~Til,/:!;COUR'l1 01"CONIMON PL...:.AS,
OR.PHANS'COURT DIVISION
for COUNTY OF WASrliNGTON
NO.1 Partition of -'l;&RlJ 19 ~6
(Number in Court below)
I.
I
To Honorable ~.0.?:.I'.;h~.§p..~~.Q.P.§1.~n.g.J ~.~..~..~:
Pursuant to Rule 63,printed above,you are hereby notified that on ..Ap..l'.i.l 2.9..,.1.9.99 .
an appeal was taken to the Supreme Court of Pennsylvania in the above entitled case at No.200
fiiIarc~1~:.:,yTarIm,]969..:by At'lthQny.L Ma,:P-i.r-l0 ,which will be listed
Pittsburgh
for argument at the session commencing ~on .s.@p.t,@mb@:p 2.9.,l9.6.9 .
..,8 ..~~..~~:.Edw;;'(f~unce,Attorney for Appellant.
.....___~_1.."t"...lJ~..1 _Service of the foregoing notice is hereby accepted.
.La1&.!M.J),~t:t-.
~~~~~..~,Steno fa her:1
Pursuant to Rule 63,printed above,you are hereby notified that on .:~.p.~.~.~??.L..~.~.~.~..
an appeal was taken to the Supreme Court of Pennsylvania in the above entitled case at NO.200
March M1£Y Term,1969 by .A.ntoony L Ma..pi.110 ,which will be listed
Pittsc,:lrgh.
h ·.Se t b 29 ' 9 an '_m;.,r,rv-r,,'{,-for argument at t e seSSIon commencmg P ~.m ~.r."*.>y..y.."lTlInlli"t'fsD H o '
A~~~~Ed ~.,[".waru lV uno e,Attorney for Appellant.
.......'Ji/..o !...'iiJ._1.~..~..?.Service of the foregoing notice is hereby accepted.
~~..
·-,•""'-too.,j-..
ES E Ud 21 ~VU 69,
In J 1 i ~~~~.J;.';j
c._...-
JUDGE'S CHAMBERS
ORPHANS'COURT
TENTH JUDICIAL DISTRICT OF PENNSYLVANIA
CHARLES D.COPELAND,PRESIDENT JUDGE
GREENSBURG,PENNSYLVANIA
May 9,1969
Russell Marino
Register of Wills
Clerk of Orphans'Court Division
Washington,Penna.15301
Dear Mr.Marino:
I am enclosing a form of acceptance of service
of the Appeal in the estate of Gabriel E.Marino,deceased.
Will you please file this paper in this estate.
The Stenographer should also sign this
acceptance of notice.
Sincerely yours,
~O~~/A1Id-
Charles D.copel~~,--~
President JUdge.
CDCnb
Enclosure (1)
--------------------------------------------,
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Ftl.ED
1969 MAY 6 PM 4:08
RUSSELL t1ARINOREGISTEROFWILLS
JUDGE'S CHAMBERS
ORPHANS'COURT
TENTH JUDICIAL DISTRICT OF PENNSYLVANIA
CHARLES D.COPELAND,PRESIDENT JUDGE
GREENSBURG,PENNSYLVANIA
May 5,1969
Russell Marino
Clerk of Orphan's Court
of Washington County
Court House
Washington,Pa.15301
Dear Mr.Marino:
I am forwarding to you an acceptance of Notice of
Appeal in the Estate of Gabriele E.Marino,which shoUld be
filed with the papers in that estate and will you please
have the Court Reporter sign the Acceptance of Service on
this paper.I am,also,enclosing the original of a
Petition for Stay for filing at No.1 Partition of 1966
in the same estate.There is,also,a copy of the Certiorari
which was filed at No.200 March Term,1969 in the Supreme
Court of Pennsylvania.
Would you be so kind as to advise me that these
papers were received.
Sincerely yours,
~~,~
Charles D.Copeland,
President Judge.
Enclosure (3)
CDC/nb
j
May 1,1969.
Edward Munce,Esq.,
121 North Office Bld~.,
P.O.Box 3265,
Harri sburg,Pa.,1/120.
IN R~:ESTATE OF MARINO,ETC.
.....-..---....
APPEAL fro~Oraer of March 18,19~9
at No.1 Partition of 1966,
In the Court of Common Pleas,Orphans'
Court Division for Washington County,Pa.-...
Sir:
This is to acknowledge receipt of your let'~er of
May 6,1969,per~ainlng to 1tc~~mailed by certified mail
No.461602.
The filing fees for thb papers forwarded to this
office in co~nection with this Appeal are as follows:
(a)
(b)
(c)
Certiorari
Petition for stay
Certified }1ail
Return l1eceipts
$10.00
5.00
2.$0
Totalling $11.S0
'M/fkh
Very truly yours,
Russell Marino,
Clerk,Orphans bourt Division.
Dear Judge Copeland:
May 1,1969.
Hon.Charles n.Copeland,
President Judge,Orph~nsl Court,
Tenth Judicial District of Pennsylvania,
Greensburg,Pennsylvania.
HE:ESTATE OF GABRIELE E.MARINO
No.I :PartitIon or 1965
Appeal at no.200 }'larch Term,1969
~er your letter of May 5,1969,I wio~to acknowledge
receipt of the following,which were enclosed with your letter:-
(a)Aoceptance of Notice of Appeal,--
the Acceptance of Servioe having been si~ned
by the Court Reporter,May 6,1969.
(b)Potition for Stay for filing at No.1 Partition
of 1966,in the ~bove estate.
(0)Copy ot Certiorari filed at No.200 March Term,
1969 in tho Supreme Court of Pennsylvania.
Very truly yours,
Russell Harlno
Clerk o.c.
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The Supreme Court of Pennsylvania,
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ss:
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WASHINGTONjortheCountyojPLEAS~ORPHANS'COURT
DIVISION
We 'being wil~ing for certain causes to be certified of the matter of the appeal ofGREETING:
lO THE JUDGES oj the COURT OF COMMON
Ii:;.:.~~\~~-
•,I".:~
_The "Com~onwealth of Pennsylvania
:,::Y\{T :~:;:->:~':':\\,'';:
ANTHONY L.MARINO
from the order of March 18,1969,of your said Court at No.1 Partition of 1966;IN RE:
ESTATE OF GABRIEL E.MARINO,also known as G.E.MARINO,deceased.
-~
before you,or some of you,depending,DO COMMAND YOU that the record and proceedings aforesaid,with all things
touching the same,before the Justices of our Supreme Court of Pennsylvania,at Pittsburgh,in and for the Western
District,on the last M,onday of September 1969 ,so full and entire as in your
Court before you they remain,you certify and send,together with·this Writ,that we may further cause to be done
thereupon that which of right and according to the laws of the said State ought.'
day of
sixty-nine.
'Witness HON.JOHN C.BELL~
Court,the 29th
one thousand nine hundred and
JR...
,Doctor of Laws,Chief Justice of our said Supreme
April !'..,('in the Year,of our 'Lord /j.,,--/1..f/,1. .__8'l._._'....___.__.
....\,
Deputy PROTHONOTARY
-----"----._-_._.~---,_._-....~-~---~..-----.~~-~~-~._._-----~
To the Honorable the Justices of the Supreme Court of the Commonwealth of Pennsylvania,sitting in and
for the Westerfl District:
Th:!record and process,and all things touching the same,so full and entire as before us they remain,we
certify and send,as within we are commanded.
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4/
I,
:..
July 3d,1969.
Hon.Cha~les D.Copeland.
President Judge,Orphans Court Divn.,
Tenth Judicial District of Pennsylvania,
Greensbur~,PennaJ
R~:ESTAT~OF GABRI~LE E.MARINO,DEC'D
No.1 Partition of 1966
APPEAL at No.200 March Te~.1969.
Dear Judge Copeland:
,./Enclosed,herewith,please find Certiorari to
the Court of Common pleas-Orphans'Court Division for the
County of Wa~hinRton in the above named estate,Returnable
to the last Monuay of September,~.D.1969,on the Appeal
of Anthony L.Marino --Edwapd Munce~Attorney for Appellant
from the Supreme Court of Pennsylvania,Uestern D1f'trlot,
t'or your signatnre,and ret\lrn to this off10e.
VWearealsoenclosingherewithcopyofletter
forwarded to this offico by Helen ,).Jteele,Deputy Prothon-
otary,PittaburRh,Pa.,dated June 23,1969,requesting that
we forwal'd the record to her for printing pp.rposes,to~~;ether
with a copy of the Certiorari as issued,for your records.v
Your attention to this matter will be appreciated.
Very truly yours,
Russell Bar1no
Clerk a.e,Division
rm;tkh
/.3 Encl.
j
JUDGE'S CHAMBERS
ORPHANS'COURT
TENTH JUDICIAL DISTRICT OF PENNSYLVANIA
CHARLES D.COPELAND,PRESIDENT JUDGE
GREENSBURG,PENNSYLVANIA
July 7,1969
Russell Marino
Register of Wills
Clerk of Orphans'Court Division
Washington,Penna.15301
Dear Mr.Marino:
I am returning herewith the Certiorari in the
Estate of Gabriel E.Marino,
Sincerely yours,
~';)\~~
Charles D.Copelan&,
President Judge.
A-CDc/nb
,v'Enclosure (1)
J
Q[4t ~ttttt'tutt Q,htttt'!cf lIttttt1tl!htttnitt
~~£fft:rtt ~i£ffritf
J
PATRICK N.BOLSiNGER
PROTHONOTARY
HELEN D.STEELE
DEPUTY PROTHONOTARY
May 9,1969
Clerk of Court of Common Pleas
Orphans'Court Division
Court House
Washington,Pennsylvania 15301
Re:Estate of Marino
No.200 March Term,1969
(Your No.1 Partition of 1966)
Dear Sir:
I am enclosing herewith a certified
copy of an order entered by this Court in the
above entitled matter.
PITTSBURGH,PA.
15219
Very truly yours,
ioj /'c..-j.r~"'".j.>.L~1<...:..)/J '-:t <;..~.(:~.
DEPUTY PROTHONOTARY
HS:EP
Enc.
~lt ±q£~upr£1tt£QInurt of Jl£ltttzl!hnmta
~lh~5t£nt ~i5trid
IN RE:
ESTATE OF GABRIEL E.
MARINO,ALSO KNOWN AS
G.E.MARINO,DECEASED
APPEAL OF ANTHONY L.MARINO
200
Appeal from the order of March 18,1969,of the
Court of Common Pleas,Orphans'Court
Division
of the County of WASHINGTON
I •
No.1 Partition of 1966
April 29,1969,Petition for Supersedeas,filed.
ORDER
May 9,1969
Petition granted
Per Curiam
•
;Jjn '(ITtS~~lytrtnf,.I have hereunto set mr hand and the seal of said Court at Pittsburgh,Pa.
this 9th dar 01 May /19 69Clir(().-f .:.(i.-'J"-1\./A~{:L·.._.{<',.
Deputy Prothonotarr
IF
"'"-)...
No.200 ,Hardt Term,1969
SUPREf\AE <:OURT
IN RE:ESTATE OF
GABRIEL E.MARINO~also
known as tJ..E.MARINO ~
Deceased
Appeal of ANTHONY L.MARINO
CERTIFIED 'COpy 'OF RECORD
i,
),
~.e _'.
p':.-
t.",.1.
-,c ..~i....t.':>-
:~".-~~
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CERTIFIED COPy,-·GF ORDER
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•
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127 North Office Building
P.O.Box 3265
Harrisburg,Pennsylvania 17120
May 6,1969
Mr.Russell Marino
Register of Wills and
Clerk of the Orphans'Court
Washington,Pennsylvania 15301
In re:Estate of Marino,etc.
No.200 March Term,1969
Appeal from Order of March 18,1969
at No.1 Partition of 1966,
In the Court of Common Pleas,Orphans'
Court Division,for Washington County
Sir:
Attached for filing (for which please send me your
bill),are the following:.
Certified Mail Return Receipt cards as follows:
J
Card No.Mailed To
461597 Teresina Marino
461598 Russell Marino
461599 Ralph Marino
461600 Hon.Patsy V.Marino
,~
971966 Thomas J.Terputac,Esq.
461622 Hon.Charles D.Copeland
461623 Thomas J.Terputac,Esq.
46162~·Hon.Patsy V.Marino
Items Mailed
Petition for Supersedeas
Petition for Supersedeas
Petition for Supersedeas
Petition for Supersedeas
Petition for Supersedeas
Petition for Supersedeas
Certiorari
Petition for Stay
Notice of Appeal filed.
Petition for Stay
Notioe of Appeal filed
Praecipe for Appearance
Petition for Stay
Notice of Appeal filed
•
Mr.Russell Marino
Card No.Mailed To
*461625 Teresina Marino
461626 Russell Marino
*461627 Ralph Marino
- 2 -May 6,1969
Items Mailed
Petition for Stay
Notice of Appeal filed
Petition for Stay
Notice of Appeal filed
Petition for Stay
Notice of Appeal filed
*These two Return Receipt cards have not yet been returned.
Please acknowledge receipt of this letter and contents,
and please file and send me your bill for filing any other
pertinent papers left with you for filing in connection with
the proceedings here involved.
Very truly yours,
~~~~
Edward Munce
cc:Helen D.Steele
Deputy Prothonotary
4'......'.......
PATRICK N.BOl.SINGER
PROTHONOTARY
.-,...
PITTSBURGH,PA.
15219
'.
H.ELEN D.STEELE
OEPUTY PROTHONOTARY
Clerk of Orphans'Court
County of Washington
Court House
Washington,Pa.15301
June 23,1969
Re:Estate of Gabriel E.Marino
No.200 March Term,1969
Dear Sir:
Inasmuch as Ed~~rd Munce,Esq.)
Attorney for the appellant in the above en-
titled case,has requested me to send the
record in this case to the printer,I would
appreciate your sending the record to me,
duly certified by the trial judge.(Your
No.·l Partition of 1966.)
Very truly.yours,
~I.Ji (-.11f;.(};J~;\..!.c '-10·Jtt~-:-C7C(_..
DEPUTY PROTHONOTARY
HS:EP
cc:Edv~rd Munce,Esq.
Q
1 :..
J
(@ffirr'of i!trgtatrr of _tIlIi
RUSSELL MARINO
REGISTER OF WILLS AND EX.OFFICIO
CLERK OF ORPHANS'COURT
DEPUTY REGISTER
GUY A.ROGERS
lltiht.aqittglnu,ifl'utl.ay1uauia
,__~2
",
r
I
July 16,1969.
Office of Prothonotary
Supreme Court of Pennsylvania,
Pittsburgh,Pa.,15219.
,ATTENTION:HELEN D.STEELE,DEP.PRO.
IN RE:ESTATE OF GABRIEL E.MARINO
NO.200 March Term,1969
No.1 Partition of 1966 (In Court below)
Dear l1adam::
Per your letter of June 23,1969,we are
~nclosing the papers pertaining to the record in the
I4bove proceedings,duly ce~tified by the trial judge,
for your further attention.
Very truly yours,
Russell Harino
Clerk O.C.Division
RM:fkh
Encl.
(@ffirr ·nf mrg1,atrr of lIiliE
cI
RUSSELL MARINO
REGISTER OF WILLS AND EX.OFFICIO
CLERK OF ORPHANS'COURT
DEPUTY REGISTER
GUY A..ROGERS.
lltlhtnqittgtnu,lttruuayluuuia
<Doz
July 16,1969.
Office of Prothonotary
Supreme Court of Pennsylvania,
Pittsburgh,Pa.,15219.
ATTENTION:HELEN D.STE}~E,DEP.PRO.
IN RE:E~TATE OR GABRIEL E.MARINO
NO.200 March Term,1969
No,1 Partition of 1966 (In Court below)
Dear Hadam:
Per your letter of June 23,19~9,we are
enclosing the papers yertaining to the record in the
.above proceedings,duly certified by the trial judge;
for your further attention.
I
II.
RM:fkh
Encl.
Very truly yours,
Russell Marino
Clerk O.C.Division
®ffitr of iRrgtl1trr n"f IIi1111
·:
RUSSELL MARINO
,REGISTER OF WILLS AND EX·OFFICIO
CLERK OF ORPHANS'COURT
DEPUTY REGISTER
GUY A.ROGERS
'IIullqingiu'lt.J1'lt119g1uauia
....2
July 16,1969.
Office of Prothonotary
Supreme Court of Penns ylvania,
Pittsburgh,Pa.,15219.
ATTENTION:HELEN D.STEELE,DEP.PRO.
IN HE:E8TATE OR GABRIEL E.MARINO
NO.200 March Term,'1969
No.1 Partition of 1966 (In Court below)
Dear Hadam:"
P~r your letter of June 23,1969,we are
enclosing the papers pertaining to the record in the
above proceedings,duly certified by the trial judge,
for your further attention.
Very truly yours,
Russell Harino
Clerk O.C.Division
RM:fkh
Encl.
J
'.
PITTSBURGH,PA.
15219
'QUrr.~1tttrr.1ttr.Qhmrt af l~r.nngt!luania
11lfTt.alcrtt ~igtrh:t
i
I
II
'PATRICK N.BOLSINGER
I PROTHONOTARY
HELEN D.STEELE
DEPUTY PROTHONOTARY
July 17,1969
Russell Marino,Esq.
Clerk of Orphans'Court
Court House
Washington,Pa.15301
Re:Estate of Gabriel E.Marino
No.200 March Term,1969
Your No.1 Partition of 1966
Dear f\'Ir.Marino:
This will ackn9w1edge receipt of your letter of
July 16,1969,enclosing the original record in the above-
entitled matter.
PROTHONOTARY
PNB:ad
".---;----------;r
J
.'
July 16,196911
Off~ce of Pr~tronotary
.Supreme ~ourt of r :3nnsylva.nia,
P1ttsburghj Fa.,15219.
ATTENTION:HEL2N D.STEELE,DEP.PRO.
IN RE:E;~TATE OF GABRIEL E.HA1INO
NOo 2CO r'~arch.Term,1969
lTo,1 Partition of 1966 (In g,ourt below)
Dear Hada.m:
Per your letter of June 23,1969,we are
enclosing the papers pertaining to the record in tht~
above proceedings,duly certified by the trial jUdge,
for your further attention.
Very truly'yours,
Rr-t:fkh
Encl.-ff
July 16,1969 fi:&L,h"'j
Maikdqegistered Mail-
Return Receipt-to aboveaddress.{/,,,,.iL
T.?'l 1'f-.
Rusaell Harino
Clerk O.e •.Division
"(;);1 JJUl.C,l'liJlhU b.R "\I
485 DOZER REGIUALD E.R
495 WALKER OROVER c.D495WALKERlIARYc.R
525 E!IOLt\HD DFt\TRICc;CnOrI:lLEIl:n
525.ENGL~ND,IDA nAm R
~3S \7£IS MARIE:B.n
'3?lEIS OTTO It
'36 CAPO LOUIS ])
536 CAPO~SARAH.])
540 WALTZ CHARLES A.R
540 WALTZ MARY A.Ii
54?SELl7AY KATHRYN R.D
!:;145 .SE.L\7AY ROBImt'B.J)
545 SELf:AY nODEnt'B.11 J)
550 nESBITT.EILEEN R
550 PETTIT.HEtEN E.1't
550 PETTIT,\'lAtTER H.It
560 !:ILLI!{EN EMr:'A p D
565 WAG!JER .LOUISE n
565 IAG:JEn XAVIER n575SWEGERIRENER
575 SWF.GER WILLIAM H RWESTONFREDJ\R
DUNCAN AVENUE'
266 PHILLIPS CORA a
300 TItOUPSOfl ut\unE:Q.R
:510 UUJCE.GROVER V.R
'10 UU:JCE.lIARRY D.R
310 MU:JCE,RACH,\Et ••R'
320 RISBIN JUJ\TltTA D.J)
'25 TlILSO:J.t!l\BEtLE H.n
',a;o \'lItSON W.P.\ADJ\US '\7ILLIAM c.
,SO ZULLO.JdIKE D
'"fJU~;{AY.c.tEm R"5 lIU:BAY.IDA R
DOCKET ENTRIES
)
I Feb.11,1966 --PETITION FOR PARTITION OF REAL ESTATE UNDER SECTION 734
OF THE FIDUCIARIES ACT OF 1949,IN RE:ESTATE OF GABRIELE
E.MARINO,also known as G.E.MARINO,Deceased,filed
by Edward V.Sciamanno,Esq.(now deceased),on behalf of
Russell Marino,Adminis~rator.
o R D E R --AND NOW,February 10,1966,upon presentation
of the foregoing petition,and after consideration of the
averments of same,upon motion of E.V.Sciamanna,counsel
for such estat e,
IT IS ORDERED AND DECREED
That Thursday,the 10th day of March,1966,at 1:30 o'clock
P.M.,Eastern Standard !ime,in the Orphans'Court Room,
Court House,washington,Pennsylvania,be and is hereby
designated as the time and place that the Court will sit
to receive bids of the heirs and distributees for the
said described real estate,as a whole,and to enter an
appropriate decree directing a sale to the highest bidder.
The heirs and distributees shall appear personally to
make their bids or offers,and in the event that any
distributee may not be able to appear,said person may
have present a representative who is duly authorized in
writing,signed and acknowledged by the distributee,to
act for such and present said bids or offers in their
behalf.The highest and successful bidder shall pay,in
cash,10~of bid price at time of sale,and full balance
on delivery of deed;estate to pay for all transfer stamps;
bidder to pay all 1966 taxes but no prior taxes.
It is futher ordered that at least 21 days notice of
presentation of this petition and of the time fixed for
receiving bids be given by certified mail to each of the
said distributees.Proof of the giving of such notice
shall be filed with the Court at the time fixed for
receiving bids.
P.V.Marino,one of the distributees in said estate,
has voluntarily disqualified himself from bidding at
said sale,either in person or by representative.
BY THE COURT,
P.V.MARINO,
P.J.
Mar.8,1966 --
;;Mar i 10,1966
I 1'-\Mar.11,1966 --
~
ANSWER OF RESPONDENT TO PETITION FOR PARTITION OF REAL
ESTATE,FILED BY ANTHONY L.MARINO,R.D.#3,Mechanicsburg,
Pennsylvania,together with Certificate of Service of
said Answer by certified mail,to
Honorable P.V.Marino,
Russell Marino ..
Miss Teresina Marino
E.V•Sciamanna,isq•.
BRIEF ON BEHALF OF RESPONDENT,ANTHONY L.MARINO,ESQ.,
filed.
AFFIDAVIT OF SERVICE FILED BY EDViARD V.SCIAMANNq,ESQ.,
as to service of Certified copy of Petition for
Partition of Real Estate and Order dated February 10,
1966,upon ANTHONY L.MARINO,R.D.#3,Mechanicsburg,
Pa.,by certified mail,wi th return receipt.
ACKNOWLEDGMENT OF SERVICE of Presentation of Petition
for Partition of Real Estate at No.1 Partition of 1966
filed by RALPH MARINO,RUSSELL MARINO ~TERESIN~MARINO.
and P.VINCENT MARINO.
- 1 -
."
.
\
C{..
Vv~L ..f ,-·1'··
J .l1...,..,..J.
Mar.10,1966r
v Mar.10,1966
~({)~~
Mar.29,1966
o R D E R
"MARCH 11,1966,within Affidavit of Service is ordered filed.
BY THE COURT
P.V.MARINO,
P.J."
ORDER GRANTING CONTINUANCE
"AND NOW,March 10,1966,request for continuance is granted,
Respondent having filed of record an Answer wherein he
petitions,inter alia,that this court grant a change of
venue in the subject estate.
The hearing,auction and sale set for today in this court
are continued to Wednesday,March .3J,1966,at 2:00 o'clock
P.M.,Eastern Standard Time,in the Orphans'Court Room,
Court House,Washington,Pennsylvania;all other conditions
of sale to remain unchanged.
This court will consider the matter of request for change
of venue upon compliance with provisions of Section 2 of
Act of March 30,1875,P.L.35,12 Purdon Statutes 112,
"after reasonable notice therof having been given to the
opposite party"or parties,or their attorneys.
BY THE COURT,
P.V.MARINO,
P.J."
SUPPLEMENTAL CERTIFICATE OF SERVICE of ANSWER by
certified mail to Ralph Marino,1022 75th Street,
Brooklyn,New York,filed by Anthony L.Marino.
MOTION FOR CONTINUATCE filed by Anthony L.Marino~
by his Attorney,George B.Stegenga,Esq.
o R D E R
nAND NOW,this 29 day of March,1966,upon consideration
of the within Motion,the aforesaid matter is hereby
continued until the 21 day of April,at 2:00 P.M.;all
conditions of sale to remain unchanged.
BY THE COURT,
P.V.MAR INO ~P.J ."
"URRAN,It
siding.
..----..--,~~._.n
BY THE COURT,
On:
('-"D~~:;;::::::::::;:-...-e 2 C
21,1966 --HEARING O~PETITION FOR PA~TITIqN OF REAL ESTATE
Before::THE HONORAT3 IE ALEXANDER R.CURRAN,Judge of
Common Pleas Court of Washington County,
specially presiding,
Thursday,April 21,1966 at 2:00 P.M.,EST.
with the following appearances:
GEORGE B'.STEGENGA,ESQ.,o~Washington,Penna.,
representing ~nthony L.Marlno,Respondent.
EDWARD V.SCIAMANNA,ESQ.,of Washington,Penna.,
representing the Accountant,---FILED.
"The foregoing record of the proceedings upon the
hearing of the above cause is hereby approved and
directed to be filed.
Apr.
DECREE AND ORDER
*o!l-o!l-**o!l-*o!fo*
- 3 -
BY THE COURT,
CHABLE S DJ COPELAND °dO ItSpec~ally Presl lng.
Le following
~OF REAL ESTATE
MARl:NO,
P.J.
;0 public ridic~l
l.Respondent
lis court;an
the matters at
ldent is a party
:>ein would
by the court:
ler v.Uni ted
President
tmoreland County,
on MONDAY,JULY 11,1966,at 10:00 A.M.,EDST.,FILED.
"The foregoing record of the proceedings upon t he hearing
of the above cause is hereby approved and directed to be
filed.
•••••••0 ••
wi th the following appearan ces:
EDWARD V.SCIAM~NNA,ESQ.,of Washington,Pennsyl-
vania,representing the Accountant,
MILES WARNER,ESQ.,of Philadelphia,Pennsylvania,
representing Anthony L.Marino,heir
After a full and deliberate consideration of all the facts
and circumstances of this case,the court finds that no
valid reason has been established warranting the jUdge to
disqualify himself upon the request of any party in interest.
However,there may be other reasons sufficient to satisfy
the court that in the interests of justice to himself,to
counsel,and to the litigants,it would be appropriate to
cal 1 upon another judge to hear the matter.Although the
circumstances of a case may not actually require the dis-
qualification of a jUdge for bias or prejudice,yet in
order that courts maya s nearly as possible be above
suspicion,it may be proper and desirable that the jUdge
,disqualify himself to dispel any remote imputation t hat the
parties may not be receiVing absolute and impartial justice.
He may do so without flinching from his sworn duty.Hence
this judge will step aside and ask a fellow judge to take
his place,re~mning,however,jurisdiction of the matterofcontemptot~this court.
AND NOW,APRIL 26,1966,the court makes the follOWing Decree
"1),
'1\
July 11,1966 -_.
May 23',1968 --
Nov.27,1968 --
o R D E R
AND NOW,July 11,1966,an Answer having been filed
to the Petition for Partition under Section 743 of
the Fiduciaries Act of 1949,and after hearing on
the same,
IT IS ORDERED AND DECREED
that Monday,the 12th day of September,1966,at 10:00
0'clock A.M.,Eastern Daylight Savings Time,in t he Orphan
Court Room,Co~rt House,Washington,Pennsylvania,be
and is hereby designated as the tim e and place that
the Court will sit to receive bids of the heirs and
distributees for the said described real estate,as a
whole,and to enter an appropriate decree directing
a sale to the highest bidder.The heirs and distributees
shall appear personally to make their bids or offers,
and in the event that any distributee may not be able
to appear,said person may have present a representative
who is duly authorized in writing,signed and acknowledged
by the distributee,to act for such and present said
bids or offers in their behalf.The highest and
successful bidder shall pay,in cash,10%of bid price
at time of sale,and full balance on delivery of deed;
estate to pay for all transfer stamps;bidder to pay
all 1966 taxes but no prior taxes.
It is further ordered that at least 21 days notice
of presentation of this petition and of the time fixed
for receiving bids be given by certified mail to each
of the said distributees.Proof of the giving of such
notice shall be filed wi th the Court at the time fixed
for receiving bids.
BY THE COURT ~
CHARLES D.COPELAND~
Specially Presiding.
ORDER OF COURT
966,forinthe
y con-
u t.
Judge
Attest:
Clerk
o R D E R
AND NOW,May 23,1968,it is ordered and directed
that the Administrator of the Estate of Gabriele E.
Marino,also known as G.E.Marino~post additional
security to bring up to $15,000.00 the Administrator's
Bond.
BY THE COURT,
CHARIE S D.COPELAND
Special~y Presiding
o R D E R
AND NOW,NOVEMBER 27,1968,upon motion of Thomas
Terputac,counsel for such estate,
IT IS ORDERED AND DECREED
that Monday,the 30th day of December,1968,at 1:30
o'clock P.M.,Eastern Standard Time,in the Orphans'
Court Room,Court House,Washington,Pennsylvania,
be and is hereby designated as the time and place
- 4 -
that the Court will sit to receive oral bids of the heirs and
distributees for the said described real estate,as a whole,
and to enter an appropriate decree directing a sale to the
highest bidder.The heirs and distributees shall appear
personally to make their bids or offers,and in t he event
that any distributee may not be able to appear,said person
may have present a representative who is duly authorized
in writing,signed and acknowledged by the distributee,to
act for such and present said bids or offers in their behalf.
The highest and successful bidder shall pay,in cash,10%
of bid price at time of sale,and full balance on delivery
of deed;estate to pay for all transfer stamps;bidder to pay
all 1969 real estate taxes but no prior taxes.
It is further ordered that at least 21 days notice of pre-
sentation of this petition and·of the time fixed for receiving
bids be given by certified mail to each of the said distributees.
Proof of the giving of such notice shall be filed with the
Court at the time fixed for receiving bids.
BY THE COURT,
CHARLE S D.COPELAND
Charles D.Copeland,P.J.
Specially presiding.
..
Dec.20,1968--o R D E R
AND NOW,December 20,1968,it appearing to the Court that
there is a proposed condemnation of a portion of the tract
of land whichw as psoposed to be sold by the Orphans'Court
on December 20,1968,and it is very difficult to determine
the amount which should be bid for said property for reason
of such condemnation,
IT IS ORDERED AND DECREED that the sale of the property
now fixed for December 20,1968,is hereby stayed and
continued until the condemnation proceeding effecting the
same is finally settled,
Notice of fUDure sale shall be given to heirs when the tine
for such sale is set.
BY THE COURT:
CHARIJES D.COPELAND
Charles D.Copeland,P.J.
Specially Presiding.
March 18,1969 --PETITION FOR AUTHORITY TO RETAIN SEPARATE COUNSEL FOR
TRIAL OF CONDEMNATION CASE,filed by Thomas J.Terputac,
Esq.,on behalf of Russell Marino,Administrator of
the Estate of Gabriele E.Marino,deceased.
o R D E R
AND NOW,MARCH 18,1969,upon consideration of the
within petition,Russell Marino,Administrator of
the Estate of G.E.Marino,deceased,is hereby
authorized to retain separate counsel who shall handle
the condemnation case referred to in the foregoing
Petition,provided,however,that the contract
retaining said counsel on a contingent fee basis shall
provide for fees not in excess of those set forth for
similar services in the most recent Minimum Fee Bill
of the Washington County Bar Association now in effect.
BY THE COURT,
CHARLES D.COPELAND,P.J.
Specially Presiding.
-5 -
------------------------------------------------
••I •
-6-
Apr.9,1969 --
April 29,1969
May 6,1969
ORDER'
AND NOW,April 9,1969,upon motion of Thomas J.Terputac,
counsel for such estate,
IT IS ORDERED AND DECREED
that Monday,~he 12th day of May,1969,at 1:30 o'clock
P.M.,Eastern Daylight Saving Time,in the Orphans'Court
Room,Court House,Washington,Pa.,be and is hereby des-
ignated as the time and place that the Court will sit to
receive oral bids of the heirs and distributees for the
said described real estate,as a whole,subject to all
appropriations as set forth in original petition,and also
to last appropriation of Pennsylvania Department of High-
ways of January 10,1969,at No.41 January Term,1969,
in the Court of Common Pleas of Washington County,Pennsyl-
vania,of about two and one-half acres;and to enter an
appropriate decree directing a sale to the highest bidder.
The heirs and distributees shall appear personally to
make their bids or offers,and in the event that any dis-
tributee may not be able to appear,said person may have
present a representative who is duly authorized in writing,
signed and acknowledged by the distributee,to act for
such and present said bids or offers in their behalf.The
highest and successful bidder shall pay,in cash,10%of
bid price at time of sale,and full balance on delivery of
deed;estate to pay for all transfer stamps;bidder to pay
all 1969 real estate taxes but no prior taxes.
It is further ordered that at least 21 days notice of
presentation of this petition and of the time fixed for
receiving bids be given by certified mail to each of the
said distributees.Proof of the giving of such notice
shall be filed with the Court at the time fixed for
receiving bids.
BY THE COURT,
CHARLES D.COPELAND
CharJ.e s D.Copeland,P.J.
Special~y Presiding.
CERTIORARI from the Supreme Court of Pennsylvania,
Western District of Pennsylvania IN RE:APPEAL of
ANTHONY L.MARINO from the order of March 18,1969,of
your said Court at No.1 Partition of 1966;ESTATE
O!at~1PIl~~~lE~eJ;Alltn~"also known as G.E.MARINO,deceased.
filed to No.200 March Term,1969~Returnable the last
Monday of September,A.D.1969,FILED.EDWARD MUNCE,
Attorney for Appellant,~ax~~.
NOTICE OF APPEAL AND ACCEPTANCE OF SERVICE F~LED.
To Honorable Charles D.Copeland,P.J.
Pursuant to Rule 63,printed above,you are hereby
notified that on April 29,1969,an appeal was taken
to the Supreme Court of Pennsylvania in the above entitled
case at No.200 March Term,1969 by Anthony L.Marino,
which will be listed for argument at the session
commencing in Pittsburgh on September 29,1969.
Edward Munce
Edward Munce~Attorney for Appellan
May 5,1969,Service of the foregoing notice is hereby
accepted.Charles D.copeland,P.J.
Specially Presiding.
...-
To JACQUELINE HAMMOND,Stenographer:
Pursuant to Rule 63,printed above,you are hereby notified
that on April 29,1969 an appeal was taken to the Supreme Court
of Pennsylvania in the above entitled case at No.200 March Term
1969 by Anthony L.Marino,which will be listed for argument at
the session comencing September 29,1969,in Pittsburgh.
May 6,1969 Servic e of the
May 6,1969
Edward Munce
Edward Munce,Attorney for Appellant
foregoing notice is hereby accepted
~cqueline Hammond.
PETITION FOR STAY filed on behalf of Anthony L.
Marino by Edward Munce,Esq.,P.O.Box 326.5"
Harrisburg,Pa.,17120.
CERTIFICATE OF SERVICE filed by Anthony L.Morino
for certified mail to Teresina Marino,Russell
Marino,Ral ph Marino,Hon.Patsy V.Marino and
Thomas J.Terputac,Esq.,oFFETITION FOR STAY,above.
May 9,1969 --NOTICE OF APPEAL AND ACCEPTANCE OF SERVICE in re
Appeal at No.200 March Term,1969,by Anthony L.
Marino,by Edward Munce,Attorney for Appellant,filed.
May 9,1969,Service of the foregoing notice is
hereby accepted.
Thos.J.Terputac
May 9,1969 --Certified Copy of the Record In the Supreme Court
of Pennsylvani a,No.200 March Term,1969,dated May 9,1969
"April C9,1969,Petition for Supersedeas,filed.
ORDER
l
May 9,1969
Petition granted
Per Curiam "
"-.,-;..,
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SUPREME COURT OF PENNSYLVANIA
Eastern District
m BE:
ASSIGNMEN'l'OF
HONORABLE ARNOLD D.SMORTO
TO THE COURT OF COMMON PLEAS
••
••
••
••
Judicial Assignment Docket,1972
'i
OF WASHINGTON COUNTY ~:No.72
TWEN'rY-SEVENTH JUDICIAL DISTRICT:
ORDER
AND NOlT,to wit,this 23rd day of March,1972,upon
cons1deration of the applica.tion of Honorable Charles D.Copeland,
I
retired former President JUdge of the Orphans t Court Dlvision of
the Court ot Common Pleas of Westmoreland County,Tenth Judicial
,
District,who upon the disqualification ot Honorable P.VIncent
Marino,then President Judge of the Orphans'Court of Washington
"
"County,Twenty-seventh Judic1al District"was specially assigned
:1
on May 26,1966 to hear and determine all upects in the case of
1N RE:ESTATE OF GABRIELE E.MARINO"A1..BO .Ni9WI1.ASJf.!..~.MARINO"
DECEASED,including disposition of the citation for conteli\Pt"and
Iwhich matter is still pending in the Orphans'Court Division of the
",
Court of COMmon Pleas of Washington County,at No.292 of 1964 A.A.;
and Honorable Arnold D.SmortoI President Judge of the Orphans'
Court Division of the Court ot Common Pleas of Cambria County,Forty..
~!
seventh Judicial District"having signified his Willingness 80 to
act',he 1s hereby specia.lly assigned to the Court of Common Pleas,
I
Orphans'Court Division,of Washington County,Ttjenty-seventh
JUdicial District,for such period or periods required,commencing
Me.ich·'-'30~~·1972~to preside in the matter aforesa.id and to hear and
.':.Ideterm1neallaspects of the matter•.....
Under this assignment Honorable Arnold D.Smorto shall
have the same power and authority as ts vested 1n the President Judge, .J
ot "the TWenty-seventh Jud1c1al District by the laws of this Common..
".
wealth.
THE COURT
.,.
..........
By lsI Jones,B.R•.-.etr1"ef6asttee
((ommonWtaltb of l}tnn~!,lbania }ss:
Supreme Court-Eastern District
I,P.h:~B.l.QXS;N.l!!},Qb!§J.N.G.~.B Prothonotary of the Supreme Court of Penn-
sylvania',in and for the Eastern District thereof,the said Court being a Court of Record,do here-
by certify that the foregoing is a true and correct copy of the whole and entire Ox.d.er..,......dalt.e.d
March 23,1972,assigning the Honorable Arnold D.Smorto to the
Court of Common Pleas of \>Jashington County,2'7th Judicial District,·for the·..·period a;nd..·'Purpu·s·e -t·h·e·rei.l1 ·stated ..
in the case of ..Estat.e....o;f.....Gahr.ie.le....,E._...M.a.r..in.o.,.....a.1.so....knol.'In....as.....G.......E......Mar.i.D.o ,
deceased Assignment Docket,1972
.........................................................................................................._at No..7.2 J.:ud.ic.iall.J){YlHaT~XF&im~1i9;._,
as full,entire and complete as the same remains on file in the said Supreme Court,in the case there
stated;and I do hereby further certify that the foregoing has been cQmpared by me with the
original record in said cause in my keeping and custody as the Prothonotary of said Court,and
that the foregoing is a correct transcript from said record and of the whole of the original thereof.
IN TESTIMONY WHEREOF,I have here-
unto set my hand and affixed the seal of the said
Court,at Philadelphia,in the County of Philadel-
phia,in the said Eastern District of Pennsylvania,
this Tw.e.nt.y,:::'.thir.d....................................day of
........~~~.~.b-in the year of our Lord
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No.292 of 1964 A.A.
C.P.~O.C.Div.
~ashington County
SUPREME COURT OF PENNSYLVANIA
Eastern District
No.-f.,2....J.ud.,i,Q.;i,Gl.J.JamuUiyXR.et~:l9"....-....__•
Assignment Docket~1972
IN RE:
ASSIGNMENT OF
HONORABLE ARNOLD D.SMORTO
VB.
TO THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY~
27TH JUDICIAL DISTRICT
EXEMPLIFICATION
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The Supreme Court of Pennsylvania,L ss:
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WASHINGTONfOTtheCountyofORPHANSI .COURT
DIVISION
being wil~ing for certain causes to be certified of the matter of the appeal ofGREETING:We
TO THE JUDGES of the COURT OF COMMON PLEAS.,
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,_The Commonwealth of Pennsylvania
,;i..\\\':'.:.:.'..\;.."':::.':\:;~'.':
ANTHONY L.MARINO
from the order of March 18.,1969,of your said C~urt at No.1 Partition of 1966;IN RE:
ESTATE OF GABRIEL E.MARINO,also known as G.E.MARINO,deceased.
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before you,or some of you,depending,DO COMMAND YOU that the record and proceedings aforesaid,with all things
touching the same,before the Justices of our Supreme Court of Pennsylvania,at Pittsburgh,in and for the Western
District,on the last·M.onday of September 1969 ,so full and entire as in your
Court before you they remain,you certify and send,together with·this Writ,that we may further cause to be done
th~reupon that which of right and according to the laws of the said State oug.ht.
sixty-nine.
/!..-.:_;A.:,-/~..~~:___
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,Doctor of Laws,Chief Justice of our said Supreme
April .':in the Year of our "Lord.,
JR.
day of
'Witne55 HON.JOHN C.BELL.,
Court,the 29th
one thousand nine hundred anq
t,....
Deputy ~ROTHONOTARY.
,.~
Q[4t ~1tvrtUtt [hmrt cf l!ttttt1ll!!ua:nht
_~gurn ~istritt
PATRICK N.BOLSINGER
PROTHONOTARY
HELEN D.STEELE
DEPUTY PROTHONOTARY
PITTSBURGH,PA.
15219
J
July 17,1969
Russell Marino,Esq.
Clerk of Orphans'Court
Court House
Washington,Pa.15301
Re:Estate of Gabriel E.Marino
No.200 March Term,1969
Your No.1 Partition of 1966
Dear Mr.Marino:
This will acknowledge receipt of ypur letter of
July 16,1969,enclosing the original record in the above-
entitled matter.
PRarHONOTARY
PNB:ad
,....
Q[4~j)1tvr~tn~QIll1trt !!f l~~nnsl!hlCtuht
'~mh~gf~rn ~i:gft"itf
PATRICK N.BOLSINGER
PROTHONOTARY
HELEN D.STEELE
DEPUTY PROTHONOTARY
PITTSBURGH,PA.
15219
j
July 17,1969
Russell Marino,Esq.
Clerk of Orphans'Court
Court House
Washington,Pa.15301
Re:Estate of Gabriel E.Marino
No.200 March Term,1969
Your rNo.1 Partition of 1966.
Dear Mr.Marino:
This will acknowledge receipt of ypur letter of
July 16,1969,enclosing the original record in the above-
entitled matter.
PNB:ad
~YYours,.~~
PRarHONOTARY
•
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
HEARING ON CONTINUED AUDIT
IN RE:
ESTATE OF
~GABRIELE E.MARINO,a/k/a
z«>~G.E.MARINO,
UIzz~Deceased.
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No.101 of 1971
Official Stenographer -Jacqueline Hammond
APPEARANCES:
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THE HONORABLE ARNOLD D.SMORTO of
Cambria County,Pennsylvania,specially
presiding.
THOMAS J.TERPUTAC,ESQ ••of Washingtbn.
Pa.,repres enting the Administrator.Russe 1
Marino.
Thursday.July 6,1972,at 10:50 A.M.
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MR.TERPUTAC:
THE COURT:
MR.TERPUTAC:
Good morning,You r Honor.
Good morning,Mr.Terputac.
If Your Honor please,I represent Russell
2
Marino,the Administrator of the estate of Gabriele E.Marino,
also known as G.E.Marino,deceased.Your HrGmor has set this
time and place in the Orphans I Courtroom of the Court House of
Washington,Pennsylvania for the audit hearing,the objections
to the account,and as I understand it,all other matters which may
be brought before this Court for disposition in this estate.
I would appreciate it if we wou ld permit the
record to show that I have not heard from Anthony L.Marino.on
of the heirs,and I have not heard from his couns el,Edward
Munce.Esquire.I wrote to Mr.Munce on June 27,1972,
advising him that the Audit Petition would be presented on this
date.and at that time I mailed to him a copy of the Audit Petition.
The original is now ready to be pres ented to Your Honor.
Let the reco rd show also.if you don 't mind,
You r Honor,that we have begun this hearing as a result of a shor
delay at ten minutes to eleven.And that as far as we can determil e,
neither Mr.Anthony Marino nor his counsel have appeared.
Your Honor,with your kind permission,I
would like to give you a short resume of the status of this case
to show you what has been done regarding the appeals.And then
with your permission,I would ask Mr.Russell Marino to be sworn.
in a nd to tes tify res pecting generally s ome of the items in the
account with relation to the objections.Is that all right?
3
.THE COURT:
MR.TERPUTAC:
Yes.
Your Honor,G.E.Marino died intestate and
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unmarried on October 6,1961,a resident of Washington County.
At the time of his death he owned a tract of land in South Strabane
Township,Washington County.Pennsylvania,containing about
12.81 acres.Surviving him as his only heirs were Anthony L.
Marino,Teresina Marino.Ralph Marino,P.Vincent Marino,
and Russell Marino.And by the way,all are still living.
Prior to the death of this decedent,the
Department of Highways,now the Pennsylvania Department of
Transportation,condemned for highway purposes a right-of-way
containing approximately t,wo and one-half acres.And immediate y
after his death,it condemned another portion for slope purposes.
The Administrator"Russell Marino.handled the condemnation
proceeding and a settlement was affected.A First and Partial
Account was filed with this Court,and o'n September 17.1964
a partial distribution was made mainly from the proceeds of the
condemnation proceeding..
After he had received his share of the partia
distribution,Anthony L.Marino filed his Petition for Viewers
in his individual name on August 17,1966.After the lower Court.
which,of course,was the Court of Common Pleas,ruled against
4
him.and I refer you to the Opinion of Honorable Barron P.McCup.e.
47 Washington County Reports.162.Anthony L.Marino took an
appeal to the Superior Court of Pennsylvania,contending that
1)Russell Marino as Administrator had no authority to act for
him as to the after-death condemnation;and 2)that the settlement
affirmed per curiam 213 Pa.Superior Court,792.
After this,Anthony filed other petitions.
affected by the Administrator did not bind Anthony as to his one-
Chief Justice Bell of the Supreme Court appointed Honorable Chal es
On December 12.1968.the Superior Courtfifthinterest.
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D.Copeland of Westmoreland County to preside specially.A
hearing date was set.but due to Anthony's appeal to the Superior
Court regarding the condemnation proceeding,it was continued.
Later.after the Superior Cou rt decision,Judge Copeland set
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another hearing date for December 30,1968.In the mean time•
the Department of Highways notified counsel for the estate that
another condemnation.this would be the third one,if you want
same
to look at it that way,of the/property would be forthcoming.
Judge Copeland stayed the sale.
On January 9,1969 the Commonwealth filed
its third declaration of taking with res pect to this same property.
Copies of the map were delivered to the Administrator and to Mr.
Anthony Marino.Another date for sale of the property was set
by Judge Copeland.This time for May 12.1969.But in the mean
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time Anthony took another appeal to the Supreme Court of Pennsyl
vania.All proceedings were suspended by virtue of the superseda
granted by the Supreme Court.After oral argument,the Suprem
Court quashed this appeal,440 Pa.429,decided on October 9,
1970.
Judge Copeland thereupon set another sale
date for December 10,1970.Again,Anthony filed a Petition for
Stay of Sale and for replacement of Administrator.It was filed
only three days before the sale,which was to be held before JUdgE
Copeland.One day before the sale,counsel for Anthony Marino
rnailed a telegram to Ju dge Copeland,and no notification,by the
way,was given to me as counsel for the estate,nor to the Admin's-
trator---advising that neither Anthony nor his counsel would be
present and that they had objections.However,on December 10,
1970,the the sale proceeded in open Court.At that time Judge
Copeland dismissed Anthony·s Petition for Stay bf Sale,dismisse
a contempt citation,which had been lodged against him a few
years prior thereto,and signed an Order authorizing Russell
Marino as an individual to bid on the property.
The balance of the property,after the three
takings,was awarded to Russell Marino on his bid of $700.00.
At that time,let me state that the property was and s till is vacan J
undeveloped property;and there wou ld appear to be approximatel
five or six acres left.That is after all the takings.Anthony
5
then filed another petition to set aside this sale.Anthony then
took another appeal to the Supreme Cou rt of Penns ylvania.Again
the Supreme Court decided against Anthony,and again placed the
costs on him,Number 87 March Term,1971,decided December
20,1971.
At the time of this third appeal,Anthony
argued these issues:1)That Russell Marino had been and
s till is acting unlawfully as Administrator.2)That the Court
Order authorizing Russell to bid as an individual was illegal.
3)That Anthony had no opportunity to be heard on the December
10,1970 hearing.All issues,Judge Smorto,were decided
against Anthony and are now,in my opinion,res judicata.
The second and final account in this estate
was filed over a year ago and proper advertising has been made.
Only Anthony filed objections to the account.None of the other
heirs have ever filed any petition or any object ions to my knowledge
to any of the proceedings in this estate.
At this time we herewith present to Your
Honorable Court the Petition Sur Audit,in accordance with the
local practice in this county.At this time,Your Honor,the
posture of this estate after 11 years of time-consuming and
6
expensive litigation,is as follows:1)Since the Firs t and
Partial Account was filed in 1964,and since a partial distributior
was made at that time,that matter is closed and Mr.Anthony
Marino should not be heard to complain on matters which were
7
contained in the First and Partial Account.2)Judge Copeland
signed an Order on December 10.1970,permitting Russell
Marino to bid as an individual for the purchase of the remaining
property.And the Supreme Court has affirmed this per curiam.
At the time of the bidding,actually two persons bid,and it was a
private sale under the Court Order.Both P.Vincent Marino and
Russell Marino were bidding,and the Court awarded the bid to
Russell Marino as an individual.
We now respectfully ask that Your Honorable
Court sign an Order which we have prepared for your convenience,
should you care to consider it,authorizing execution and delivery
of a proper deed to Russell Marino as an individual,encompassin;
the original tract,less the three takings,in accordance with the
Order and proceedings conducteddn December 10,1970.
Parenthetically,we would state that Russell
Marino has paid into the estate the 10%down or $70.00.So that
the balance of $630.00 is still due to the estate,which he will,of
course,pay,.less whatever proper transfer taxes and other
expenses may be attributable to the estate in that proceeding.
Furthermore,on behalf of Russell Marino
as an individual,he wishes me to state to Your Honor that his
intention will be as soon as the deed is delivered and recorded
that he will deed a 1/5 interest in the real estate to his brother
8
Ralph,a 1/5 interest in the real estate to his sister,Te:r:esina,
and he will retain a 3/5 interest in said real estate.
3)In accordance with a Petition filed with
Judge Copeland by the Administrator,Judge Copeland,on March
19,1969,authorized the Administrator to retain separate counse
to handle the third condemnation proceeding for the estate.We
now request that this Order be rescinded.We now prefer that the
estate be closed out as promptly as possible,and that the heirs
be relegated to represent their own interests in handling their
each 1/5 share in the condemnation proceeding.The main reasor
for this is that this will expedite the closing-out of this estate wit out
any fu rther delay.
The Commonwealth has paid into Court on
behalf of each named heir the total sum of $4,295.OU for this last
taking.Also,we wish to point out that under Section 507 of the
Eminent Domain Code,whereby the claims of all owners of real
estate,including tenants in common should be tried and awarded
together,we cite in support thereof,Sechan Limestone versus
Commonwealth,4 Commonwealth Court,621,decided in 1972.
In 1871 the Administrator filed with Judge
Copeland a proper Petition to renounce his right to prosecute the
condemnation case.But Judge Copeland has never acted on this
Petition.And I do not know where the original of this Petition is
now,but it was in Judge Copeland's possession.
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4)The Petition Sur Audit and the Second
and Final Account are before Your Honorable Court for dispositio [1.
In his obj ections to the account and audit filed in 1971,Mr.Antho y
L.Marino,with respect to objections number three,four and fiv ,
we submit that those obj ections have been dis posed of by decision
of the Supreme Court in the last appeal.Those objections have
to deal with Russell acting as Administrator,and similar objections
which Anthony L.Marino has raised time and time again du ring tl e
past 11 years.We submit to Your Honor that as a result of the
two Supreme Court decisions,all of these matters have been fina hy
concluded against his contentions.In objection number six,
Anthony Marino complains of 12 personal items.We will have
tes timony on this to show that thes e we re merely reimbu rs ed
items which the Administrator paid out of his own pocket on behal~
of the estate and for which he should normally be reimbursed.
In any event,these were included in the First and Partial Accoun
and Objections thereto should nctlt now be interposed.This money
for these personal items,Judge Smorto,total $726.17.
As to the Accountant's commission,Russell
has been largely instrumental in securing a favorable settlement
with the Commonwealth,and securing money in this estate.He he s
spent 11 years in trying to conclude this estate.He has been up-
held by the Appellate Court and we submit that the commission
for the Accountant as contained in the second and final account is
9
10
fair and reasonable.As to counsel fees,the fees are largely
attributable to legal services caused solely by the dilatory tactics
and appeals of Anthony L.Marino.
At this juncture I should request of Your
Honorable Court additional counsel fees of $525.00.You will
as to the Second and Final Account and the matters raised in the
note that in the Second and Final Account the fee was set for the
counsel at $1500.00.And of that amount $750.00 has been paid
Now,Your Honor,with that,I hope,I have
All right.You may call Russell Marino.
now prepared to have the Administrator testify on direct examina ion
it has not been easy.But we would like to conclude all of these
Petition Sur Audit,subject to any questions by Your Honor.
tried to give you an idea of what has gone on in this estate.And
appeal.If deemed necessary by Your Honorable Court,we are
down.The balance has never been paid because of the second
matters so we don1t have hearing after hearing and appeal after
appeal.
THE COURT:
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MR.TERTAPUC:Your Honor,do you have a copy of the
Second and Final Account;?I will hand you one up.And I will
also hand you the original of the Petition Sur Audit.
RUSSELL MARINO IS CALLED AND SWORN.
DIRECT EXAMINATION BY MR.TERPUTAC:
Q What is your name?
A Russell Marino.
Q And you are a resident of Washington,Washington County,Mr.
Marino?
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~Q And have you been acting as Administrator since a period of time
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a approximately a couple weeks after the death of your brother?..J
5~A That is correct.:J.,
1:~Q Now is it true,Mr.Marino,that a first and partial accounting
uia:~in this es tate was filed in 1964 ?a:oL~A Yes,sir.
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..J0(oii:that an award,a partial distribution was made nrc:-onsequence
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of the First and Partial Account?
A Yes.
Q And was he represented by counsel?
A I think that he was.I can't recall who the couns el was then.I
think it was Rosenberg,but I'm not sure.
Q Now I refer you now toyour copy of the Second and Final Account.
11
12
Do you have that in front of you?
A Yes.
Q You will note on page one of the Second and Final Account,we hav~
Personalty (Cash -as per Adjudication and Dec ree dated Septemb r
17,1964).What is that figure and what does it represent?
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$12,043.30.That is the amount of money that remained in the
estate that I placed in the First Federal Bank.
First Federal Savings and Loan Association of Washington?
Yes.
Now has th at figure plus any acc retions been maintained in the
First Federal Savings &Loan Association?
It has.The $12,043.30 was deposited on the 8th of October,
1964.And every expenditure and every deposit is recorded in the
book,the bank book,and I have constantly maintained,retained
a worksheet that shows every receipt and every expenditure,
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including the dividends.I havE!additional copy of that if you want it.
Yes.Would you please supply Judge Smorto with a copy?Now
that is a worksheet,is that right?
Yes.This portion on page one represents the payments in the
estate up until the time the $12,043.3U was put in the bank.That':
where the First and Partial Account ended.Now the $12,043.30
that was deposited,every receipt after that is marked,is listed
and marked with a plus,and every expenditure is marked with
a minus.And it conforms with the bank book,of which there is
------1t-------------------------------I---
] 3
a photostatic copy in the back.I think that possibly I have not
included on this copy the June 3D,1972 that I just got the dividend
on that on July 5th.
What is the last dividend in your book,the last credited dividend
The last dividend in my book is for $69.72.
And that is for a quarter?
Tha t is for a quarter.
Now what is the total as of now in this bank account?
$5.646.94.This bank account now conforms,his copy conforms
right up to date with this.
I refer you again to the Second and Final Account,Mr.Marino.
Now the next item that appears is an item marked as a credit to
the es tate of $70.00.What does that represent?
That represents the $70.au payment,downpayment or ten percent
of the $700.00 sale price on the remaining tract of land at Pancakp.
Now we have then marked on the Second and Final Account,addit onal
assets of the estate.And there appear to be about 20 items or so.
Most of t~em are marked First Federal Savings and Loan
Association dividends.Will you briefly explain to His Honor wha
those items are?
A Well,when the twelve thousand odd dollars wal::)put in the bank,
the First Federal paid interest at four and one-half percent.
Now this amount of money was put aside by the Court because
there wasn't an Income Tax paid and was due.And we didn't know
L --------'--_-1
14
how much was due on the Income Tax.
Q Has the Income Tax problem with the Federal Government been
completely settled and concluded?
A It has.
Is that correct?
A That is correct.
mately $6,000,roughly speaking.
A I think.that the final clearance of everything that was due was
Now in the meantime,is it my understanding that the money for
the payment of the Income Tax had been retained and was returning
dividends?
on the 9th of September,1968.
amount of money that was made after the second payment;the
A Yes.Well,you mean the $12,000 is included or does include the
original payment that was received of some $20,000,I'd have
condemnation proceeding,that is the money secured from the tak ng.
Q A nd that was largely due to the appreciation,really,in the
Q That is the liability to the Federal Government from the estate.
A That is correct.In other words,the Income Tax money was appr Dxi-
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Q When was that done,approximately?e
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'Q Mr.Marino,the Income Tax liability was about $6,000.00.Is
that right?
A That's correct.-----1t---------------------~---,
15
Q And the reason the liability was so high was because you were
instrumental in securing a settlement with the state for highway
purposes of $39,000 for a property which was bought for about
$1200.00 years ago.Is that right?
A That is correct.
Q Will you refer again to the Second and Final Account please?You
have an item on the second page listed as reimbursement,estate
costs,Thomas J.Ter1putac.Would you tell us what that item is
pleas e?This item right here.
A Reimbursement of estate costs of $123.78.Well,that was when
there was an appeal made to the Supreme Cou rt and I had to makE
a check out to you to pay for the printing of the 1i:ppeal"Murrelle
Printing,I think it was,to take the case up.And when the Supre ne
Court maintained your position and put the costs on Anthony L.
Marino,he sent you a check or it could have been sent directly
to me.I think it was sent to you and you turned it over to me,ane
I,in other words,I put it back in the estate.
Q Right.So that that amount was actually reimbursed to the estate.
A That is correct.
Q Now I refer you to the bottom of page two and page three of the
Second and Final Account.And you have items listed in there
as taxes and 'were these the taxes which you paid on behalf of
the estate for the real estate?Is that correct?
A That is correct.
16
Q Now if you will note in 1966 there is an Internal Revenue Service
payment of $520.00 dated 5-26-66.
A That's cOrrect.
Q Will you tell us what what is?
A That's the original payment to the Internal Revenu e Service tha t
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was made at the time Ed Seiamanna,while he was living,served s
the attorney for the estate.And at which time we had James Auld
who had worked for the Internal Revenue Service about 30 years,
he prepared the paper for me.
Now in 1968 you have an item marked Paid on June 17,1968,
to the Internal Revenue Service of $5,545.32.What does that
represent?
That represents the bulk of the amount that was due the Federal
Government on Income Tax.
For the estate?
For the estate.In other words,$520.00 would be added to that
$5,545.32 that the Federal Tax was computed a little over $6,000.00.
How about the item on September 9,1968 to the Internal Revenue
Service?
A $1242.71,which is essentially the payment of a penalty because
of the payment being not made on time.
Q And the money had been in the estate account earning dividends
during this entire pe riod,is that correct?
A That is COrrect.The amount of earnings during that period
practically offsets what the penalty was.
Q A nd just brieflYI the delay was attributable to what problem with
the Internal Revenue Service?
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Itls pretty hard to give that briefly.
It took several years to conclude the amount of liabilitYI is that
about right?
Yes.The amount of liability was determined after several trips
into the Internal Revenue Office with my brother Pat and with
Ed Sciamanna.And we questioned the right of the Internal Revenu e
Service to charge the amount that they were charging uS I because
in this estate when Gabe bought the property at around twelve or
thirteen hundred dollarsl the land,it was our contention that the
Internal Revenue Service should decide that that portion of that
would be taxable after the value of the land at the time of his deat
Anyhow,the matter was finally concluded and a liability paid.
Is that right?
Yes.It was finally concluded becaus e you could hardly take a
position of arguing with the Internal Revenue Service while at the
same time en e of the members of the e:sMlE is hopping all over yo
for trying to do something for the estate.
Q Now,Mr.Marino,I refer---
A So I just figu red I'll pay the taxI whatever they say.I went
in and they computed two things.They computed one part of the
tax with reference to the capital gain that was derived.And then
18
they computed the tax with referenc e to interest income and it
was determined that I would save money if I took it under the
interest income interpretation.This was worked out by Mr.
Barbieri in the Internal Revenue Offtce.And we finally came to
the agreement of what was due and I paid it.
Q Very well.Now I refer you to the last page of the account please.
The Accountant's commission is listed as $6,790.00.Is that con ect?
A That is correct;
Q Is that for services rendered during this entire period of time tha
we are talking about?
A This is during the entire period of time because outside of the
check for seven hundred twenty-seven some odd dollars,that I
drew from the itemized bills paid by check before Gabe's passing
away,there has never been any costs of any kind drawn by me
as the Accountant in this estate.
Q Now in the objections to the account,Mr.Anthony L.Marino
contended that an amount of about $726.17 was either not properl)
due you or at least in s orne way was not right.Will you tell His
Honor what those cos ts repres ent and what you did?
A I think attached to this list is abgrouP of bills paid by check by me
and I have the cancelled checks from my own account before my
brother Gabe passed away.The first bill on July 15,1961 was
paid to the Washington County Blind Association.And the purpose
was for Blue Cross.
Q Your brother Gabriele was blind,is that correct?
A Yes.He had been blind for about 15 years,and a Veteran of
World War I.On July 31,I paid Bell Telephone Company,phone,
$7.70.On August 2nd,I paid for a water line repair,$5.00.
Was that to his property?
That is correct.On August 7,to Edward Stuart,his county tax,
$22.98.On August 7 to Joseph P.DeMaria,his insurance
policy for $194.40.On August 21,his dairy bill to C.A.Shrontz
Company,$6.88.On August 30,Washington Hospital bill for
$91.50.On September 8,the Bell Telephone Company,his
[hone,$7.70.On September 8,Delmer C.Larkin,his taxes in
South Strabane Township,$16.12.On September 13,the Pine
Lawn Home and Sanitarium at Houston for services,$177.93.
On September 20,Washington Hos pital for services,$5.00.
On September 23,Pine Lawn Home and Sanitarium,services,
$163.20.And I paid by cash photos to the Obs erver Company for
the Board of Viewers Hearing that was to be held later in July,
1963,in the amount of $726.17,is represented by the estate checlk
made out to me on July 23,1963.I might mention that from the
first check that was made,Gabe was already in the hospital.
In other words,his bills in the Pine Lawn Sanitarium,he wasn't
where he could do anything.He was blind and someone had to do
something and pay the bills and take care of things for him.
Q And you were paying the bills?
19
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That is correct.
And this figure represents reimbursement for those expenses?
That's correct.
20
THE COURT:Just a moment please.What you paid for the
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photographs was actually $7.35 and you added that to the prior
amount of $718.82,and you had a total of $726.17.Is that correc ?
That is correct,sir.
Now in addition,Mr.Marino,under objection six of objections
to the acc ount and audit filed in 1971 by Mr.Anthony L.Marino,
they object to both the accountant's commission and the attorney'
fee.The attorney's fee was $1500.00 and tha t was up through and
before the final appeal to the Supreme Court.Is that correct?
That is correct,insofar as your attorney's fee in the early part
of the estate under the condemnation when we got the other money.
There was Attorney Costello and John Roney and Ed Sciamanna,
but Attorney Costello represented specially in the condemnation
proceeding and he received a fee of $300.00.Now you recalL
that the most the state would give on that property was $27,500.0)'
Then they finally went up after the other taking and after ou r
being seen and arguing with them,they finally would go up to
35,and then we went into Court and we got an award of $38,000.
Q Now of the $1500.00 attorney's fees due to me for the estate,
$750.00 has been paid.Is that correct?
A $750.00 has been paid.And of course,whatever additional fee
21
there would be allowed by the Court with reference to the most
recent appeal.
Q We have asked for $525.00 additional.Is that agreeable to you as
Administrator?
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I think that it is a reasonable amount.
Now have you received from any other heirs any petitions or
any objections to any matters up to date in this estate or any
objections to the account or anything of that sort?
At no time from the beginning.And the reason that I handled the
estate is because whe:n Gabe passed away my sister was at the
funeral and my brother Ralph came from New York,was at the
funeral,and naturally,my brother Pat was there and I was there.
And since I had been handling things in the family and for Gabe,
they asked me that it would be best that I act as the Administrator
in the estate.
Now,Mr.Marino,on the last page of the Audit Petition we have
attached an exhibit to show the additional debits.Your Honor,
that should read DEB ITS,not DEB T S.And we have shown
additional credits.Are those figures which appear at the end of
the Petition Sur Audit true and correct?
A Yes,they are.
Q We,of course,have to add for the estate $630.00 which is due
for the sale by you individually for the purchase by you individual y
of the real property.Is that correct?
r---------;r-----------------------------------.-----
A That is correct.Excuse me a minute.On the credit,you don't
have the---
Q the last dividend payment,I was going to ask yeD ttJn.at,should be
another credit to the estate and that figure is $69.72.That is no
on there.That was prepared bero-re that was returned.
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Dividend to May 10,no;that $69.11---no,no.
What is the dividend payment?
Wait a minute:.Here is the $69.11.It's May 10,but it's interest
to March 31;yes,that's interest to March 31.You see what I
mean?You have May 10 was when it was put in the book.But the
interest is to March 31st.
1972 ?
That's right.Now in addition to that,you will add the interest
to June 30,which is $69.72.
Very well.Now as to expenses of the estate,there will be the
commission du e to you.Is that correct?
That's correct .
And there will be an additional $750.OU to me,subject to His
Honor's approval,plus $525.00 for the last appeal.Is that correct?
That's correct.
And whatever small costs may need to be for which you or I may
have to be reimbursed.Is that correct?
A Yes.
Q Now,You l'Honor,if you have any questions we will certainly try
23
to answer them.But I think that gives you a rather good summar)
of the proceedings in this estate and how these figures were arrivr;d
at and what the balance in the es tate is.I would request,Your
Honor,at this time,to rule on my motions,if you wish to call
them that,and the first thing I would,of course,ask that the
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Audit Petition be approved.And second of all,I would ask that
Your Honor look over this form of Decree which will allow John
Hana,Audit Clerk of the Orphans I Cou rt,to act as grantor to
sign a deed to Russell Marino in this individual name.I hand you
the form of Decree herewith.
All right.The Cou rt is satisfied with the
Decree as presented to it and we will accordingly sign it.
Mr.Marino,will you advise the Court regarding the status of
the State Inheritance Tax?
Well,Gabe died on October 6,1961.And the amount of money
in the bank generally varied around $1,000 to $1,500.
That is in his account.
In his account.
The bulk of the money in this estate was derived from the con-
demnation proceeding.And they took some land while he was livirg
and were making some type of an offer that he didn't accept.Thel
another taking was made after he passed away,to which you refer red
to.We didn't agree on the amount of money that they wanted to
give because it was around $27,000.So in the Inheritance Tax I
knew that the personalty would amount to at least $27,OUO.OO.
So there's going to be an Inheritance Tax due that would be sizeab e.
But there's nothing to pay it with.You couldnIt pay it with $150U.(U.
And I finally received from Harrisburg and deposited the same
daYI December 27 ,1962,$~01625.00.That is December 271 196~.
On January 4,19631 that is within a weekI I paid an Inheritance
Tax of $6,090.00.That is at the 15%rate.And that shows on th
record receipt number 672158,dated the 4th of JanuarYI 1863.
Either $88.00 or $90.00 of that is penalty.Because it's beyond
the year from when Gabe passed away.But mind you,that was
based on $3S,000 that we didn't know we were going to get from
the state.We didn't know what the award was going to be.I
figured that it would probably be around $391 000.And on April
21,1964,I received the balance of the amount of $181 375.00.
The Inhe ritance Tax was paid on that a year before I got it.
Very well.Now is this estate subject to the Federal Estate Tax?
It is not.
Are there any other claims or demands of any natu re outstanding
that you are aware of,any unpaid debts,except what we have
mentioned?
None except what has been mentioned.
24
MR.TERPUTAC:All right,Your Honor.We would request
permission to supply you with a form of decree which will permit
the Administrator to renounce his right to prosecute the present
25
outstanding condemnation case.This is the petition I mentioned
to you that Judge Copeland had.And we would request that you sigh
such an order,the legal effect of which would be to allow the five
heirs to handle their own individual rights in the condemnation
proceedings and in the condemnation case.So that we could,subjE ct
to Your Honor agreeing,conclude this estate at this t~me.
The Audit Clerk will,in accordance with the practice in this
care of all matters in this estate.I believe everything is concludekI.
Honorable Court,and we hope that this matter can be concluded
county,prepare the final pape rs,subject to approval by You r
expeditiously.
Schedule of Distribution,I will sign the Order.
publicly,are there any heirs in this estate who wish to be heard?
THE COURT:
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THE COURT:
I am satisfied to carry out your recommenda ion.
Now,I believe,Your Honor,that that takes
All right.As soon as I receive the amended
Is that all,Your Honor?
I think perhaps for the record,let me ask
(NO RESPONSE )
Let the record show that no one has come fOlward.
Is Anthony Marino presenD in Cou rt?
( NO RESPONSE)
THE COURT:Let the record show that he is not present.
Is anyone representing Anthony Marino in Court who wi~lQ..5E to be
26
heard?
(NO RESPONSE )
THE COURT:Let the record show that no one has come for ard.
I think that's about it then .
The foregoing record of the proceedings upon the hearing of the
I hereby certify that the proceedings and evidence are contained
fully and accurately in the notes taken by me on the hearing of the above
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Specially Presidin
Thank you very muchl Your Honor.I
(Proceedings Closed).
appreciate you r coming down.
above cause is hereby approved and directed to be filed.
causel and that this copy is a correct transcript of the same .
MR.TERPUTAC:•
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The Supreme Court of Pennsylvania,ss:.,
Western District
The Commonwealth of Pennsylvania
TO THE JUDGES 01 the COURT OF COM£.ION PLEAS ~ORPHANS.'COURT lor the County 01 WASHINGTON
DIVISION
GREETING:We being willing for certain causes to be certified of the matter of the appeal of
ANTHONY L.MARINO
from order of your said Court of December 10~1970~at No.1 in Partition of 1966;Re ESTATE OF
GABRIEL E.MA.RTIre,also knOl'm as G.E •.MARINO~de.ceased,
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'Witness HON.JOHN C.BELL,JR.,Doctor of Laws,Chief Justice of our said Supreme
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Court,the 11th day of January )r in the Yea~our~old
one thousand nine hundred and seventy-one.A.-e....l2<:_A.A/I:::::J.r~~
Deputy PnOTHONOTARY
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before you,or some of you,depending,DO COMMAND YOU that the record and proceedings aforesaid,with all th~~!J.E G EJVE D'~
touching the same,before the Justices of our Supreme Court of Pennsylvania,at Pittsburgh,in and for the Western l:.AVe.!!J 2 ~i;U,'I
District,on the third Monday of March 1971 ,so full a~d entire as in your J/~;.i 5 1971 ..r
Court before you they remain,you certify and send,together with this Writ,that we may further cause to be done ~r::i'~-'!")r-./.1:..'H~D TO _
thereupon that which of right and according to the laws of the said State ought...:..',~;
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To the Honorable the Justices of the Supreme Court of the Commonwealth of Pennsylvania,sitting in and
for the Western District:
.Th~record and process,and all things touching the same,so full and entire as before us they remain,we
certify and send,as within we are commanded.
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EDWARD MUNCE
Attorney and Counsellor at Law
118 North Office Building
P.O.Box 3265 .
Harrisburg,Pennsylvania 17120
(717)787-6427
February 18,1971
Clerk
Orphans'Court of Washington County
Courthouse .
Washington,Pennsy.1vania 15301
Re:Estate of GABRIELE E.MARINO,
a/k/a G.E.MARINO,Deceased
No.1 Partition of 1966
Sir:
Enclosed for filing and docketing is the "Answer
to Administrator's Petition To Abandon and To Renounce
Estate Property"in the above estate.
A copy thereof and of this letter is being sent
to President Judge Copeland and Mr.Terputac.
Very truly yours,
EDWARD MUNCE
EM:sm
Enclosure
ORPHANS'COURT DIVISION
COMES NOW ANTHONY L.MARINO,a co-heir in this
ANSWER TO ADMINISTRATOR'S PETITION TO
ABANDON AND TO RENOUNCE ESTATE PROPERTY
NO.1 PARTITION OF 1966
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,
PENNSYLVANIA
Deceased.
Estate of GABRIELE E.MARINO,
also known as G.E.MARINO,
1.Admitted.The administrator is also Register
'I,Illi
I'I estate,by his counsel,EDWARD MUNCE,and files this answer
'Iil
'i;
li:i to the administrator's petition to abandon and renounce
I"
iii
1;1:1 estate property,and in support hereof respectfully repre-
II:
iil'sents:
IIII
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"«IIII
iii
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1:1 of Wills and Clerk of the Orphans'Court,and sits in judg-
II
III ment to his own interest.
I'Iil
!,,]2.It is denied that this estate is ready to be
closed.On the contrary there is now pending before the
Supreme court of Pennsylvania an appeal,at No.87 March
111:Term,1971,involving the title and status of valuable estate
real estate,allegedly procured by the collusion of Russell
I'i'I'~Marino and Patsy Marino and in fraud o£the estate and of one
or more of the heirs.In addition,the petitioner has had
sole and exlusive charge of all property of the estate,in-
eluding the property he now seeks to abandon and renounce,
from the time that he procured the issuance of letters to
him on October 17,1961,more than nine years ago,and con-
tinuously to the present time..He should be required to
make full disclosure of his stewardship thereof so that
relevant objections may be made thereto.
In this connection,the undersigned heir is filing
answer objecting to the petitioner's so-called "Second and
Final Account",recently filed in this estate at No.292 of
1964,A.A.,at No.1 Partition of 1966,and at No.101 of
1971,and said answer and objections are incorporated herein
by reference thereto.
3.Admitted.
4.It is admitted that the court set December 10,
1970,as the date on which the Court would "sit to receive
oral bids"on the main item of estate real estate.
By telegram dated December 9,1970,Judge Copeland
was notified that Anthony L.Marino was bedfast with bronchitis
at his home near Harrisburg,and that he could not appear at
the sale.It was also pointed out to the Court that the terms
of the sale were such that only an "insider"with the benefit
of the "cooperation"of the condemnor enabled the administrator
to take the property at a small fraction of its true worth.
Further,the order of sale did not comply with the Rules of
the Supreme Court in several important respects,including the
failure to list the liens and charges against the property.
Nevertheless,the Court proceeded to authorize the
administrator to bid the property,and after several unrecorded
colloquys,awarded the property to the administrator for $700.
- 2 -
The description of the property to be sold would be (T-6)
"...a matter tq be worked out properly between the estate
and the [condemnor]",who had been "very cooperative"in the
rna t ter (T-4).
5.This averment,if true,is irrelevant,since
the only matter of which due notice had been given was that
the Court would receive oral bids on prejudicial terms and in
,fraud of the estate and one or more of the heirs.
6.Admitted.
7.This averment requires no answer.
8.Admitted.
9.Admitted.However,the condemnor never negotiat-
I
ed with Anthony Marino concerning either the property to be
taken or the damages to be paid therefor.The condemnor
.
1,1
1
•.•,carried on all such negotiations exclusively with the adminis-
trator in collusion with one or more other heirs.
10.Admitted.
11.Admitted.
12.It is denied that the estate has no interest in
i the property.On the contrary,the estate's interest in the
property is substantial,although its resolution has been the
object of manipulation by the administrator for the past nine
,years.He should be required to make full disclosure of his
stewardship,as averred in paragraph 2 hereinabove.
13.Partly admitted and partly denied.If the
administrator is required to restore the property awarded
to him on December 10,1970,and is required to make full
disclosure regarding his stewardship,then,and only then,
- 3 -
·"
can an heir be expected to make knowledgeable objection there-
to.If the estate can be restored substantially to its pre-
December la,1970 status,and the real estate restored to
its prior status and then awarded to all heirs in kind,or
,to the highest bidder at a sale complying with the intendment
and provisions of the Supreme Court Rules,this would be in
accordance with the oft repeated request by this co-heir that
simple equity be done in this estate.
14.This averment of the administrator is diametri-
cally opposed to his prior averments and actions in this estate,
including the request for special counsel,which was granted,
and can only be reconciled with his gratification in fraudent-
ly procuring the estate real estate for himself and his co-
conspirators.
15.Denied.The averment in this paragraph is part
of the same pattern to insulate the property fraudently pro-
cured as quickly as possible.
WHEREFORE,the undersigned respectfully request
your Honorable Court to schedule hearing upon the matters
herein complained of.
Edward Munce
- 4 -
COMMONWEALTH OF PENNSYLVANIA :
SS
COUNTY OF DAUPHIN
BEFORE ME,the undersigned authority,personally
appeared ANTHONY L.MARINO who,being first duly sworn
according to law,deposes and says that the averments con-
tained in the foregoing Answer to Administrator's Petition
etc.are true and correct to the best of his knowledge,
information and belief.
Sworn to and subscribed before me
this 18th day of February,1971
ill
I
'.
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lun .IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
NO.1 PARTITION OF 1966
In Re:
Estate of GABRIELE E.MARINO,
also known as G.E.MARINO,
Deceased.
..
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,1':,/
ANSWER TO ADMINISTRATOR'S PETITION
TO ABANDON AND TO RENOUNCE ESTATE
PROPERTY
;;-.
,EDWARD MUNCE
~;Attorney and Counse~lor at Law
~.118 North Office Building
,P.O.Box 3265 .
Harrisburg,Pennsylvania 17120
,...
~~
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,.
RUSSELL MARINO
REGISTER OFWILLS AND EX.OFFICIO
CLERK OF THEORPHANS'COURT
/
DEPUTIES
GUY A.ROGERS
MARGARET GLASER
lIas4tngtnn.Jtnusyluanta
~.
February 10,1971..
Patrick N.Bolsinger,Prothonotary
The Supreme Court of pennsylvania,
Western District,.
Pittsburgh,Pa.,15219.
HE:ESTATE OF GABRIELE E •.MARINO
NO.87 March Term,1969
No.1 Partition of ~966,In,Court below.
1
Dear Sir:
Enclosed,herewith,please find the original
record in the above entitled matter,from Order of our
said Court from December 10,1970.per Certiorari filed.
~y truly yours,.~~\'..A.A~~\,I
~ussell Marino,.'~gister of Wills and Ex-Officio
Clerk of Orphans'Court
Division
rm/f
Encl.
/CC:Thos.J.Terputac ,Esq.s\
.~C:Edward Munce,Esq.
,"""'-CC:Hon.Charles D.Copeland.
-----------------
.((@ffitt nf Itgisttt nf milia
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RUSSELL MARINO
REGISTER OF WILLS AND EX·OFFICIO
CLERK OFTHEORPHANS'COURT
DEPUTIES
GUY A."ROGERS
tdARGARET"GLASER
tlU1i4tugfnu,tituu,agl uuutu
~.
March 11,1971.
Hon.Charles D.Copeland,
President Judge,
Orphans Court,Westmoreland County,
Greensburg,Pennsylvania.
RE:Gabriele E..Marino aka G.E.Marino,Deceased.
No.292 of 1964,A.A..
No.1 Partition of 1966
No.101 of 1971
Dcar Judge Ccpel&~d:
Enclosed,herewith,please find letter"dated
March 10,1971,from Edward Munce,Esq.,wherein he
requests that we send him two subpoenas in re the above
as soon as possible.
We are enclosing herewith,two subpoenas
and ask that you h~ve the same filled in on the'Witness'
para~raph as you are Specially Presiding"and we are not
familiar with the manner in which you wished"the same
is"sued out of \-lashington County.We appreciat e your
attention to this matter and are enclosing a return
envelope for your reply.
~e y truly yours,
""A-4 .~~Narino ~
Clerk O.C.Div'n
rm/fkh
Enc:C;Letter
2 SUlpl.
"",'~.,
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EDWARD MUNCE
Attorney and Counsellor at Law
118 North Office Building
P.O.Box 326'5
Harrisburg,Pennsylvania 17120
(717)787-6427
March 10,1971
Clerk
Orphans'Court
Courthouse
Washington~Pa.15301
Re:Gabriele E.Marino,a/k/a
G.E.Marino,Deceased.
No.292 of 1964,A.A.
No.1 Partition of 196b
No.101 of 1971
Sir:
Please send me two subpoenas as soon as
possible together with your fee for the same.
Very truly yours,
EDWARD MUNCE
EM:sm
/
EDWARD MUNCE
Attorney and Counsellor at Law
118 North Office Building
P.O.Box 3265
Harrisburg,Pennsylvania 17120
(717)787-6427
j
March 10,1971
Clerk
Orphans'Court
Courthouse
Washington,Pa.15301
Re:Gabriele E.Marino,a/k/a
G.E.Marino,Deceased.
No.292 of 1964,A. A.
No.1 Partition of 1966
No.101 of 1971
Sir:
Please send me two subpoenas as soon as
possible together with your fee for the same.
Very truly yours,
EDWARD MUNCE
EM:sm
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We command you and each ot you that all excuses whatsoever
being 'laid aside,you be and appear in your proper persons before the Judge of
the Orphans'Court at Washington,there to be held,on the .
day oL ,19 ,to testify all and singular those things which you shall know in the
Estate of G.ab.r.i.e.l.~E.•.....M~.:r..inQ.J.;;J..La:l;;G_~E..•....M;;J..:r.JP..9.~,deceased,
in re ~_.
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and then thereto be tried and herein you and everyone of you are not to fail under a penalty of one hundred pounds.
/l'.1\t1 L 1ru~WITNESS,•The Hon~:'!84.~I..&:c...::..,~....~..!.~President Judge of the Orphans'Court at Washington,the
...................:.f.l.~.day of ~~.~~~:A:::::.~A..19.1.L...... .
~~L:e.d:;.,.,-:(..~~..~.~~.
Clerk of Orphans'Court.
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lin tqr QInnrt of QIammon Jlras !
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OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHAN 'COD RT DIVISION
In Re:J No.1 Partition oC!j)66 __..__~JL__--_.'-"-Estate of Gabriele E.Marino,No.200 March Term,1969 (Supreme Court)-----··---1 ,.,.
¥x ).APPELLEE'S .Bill of Costs-------
also known as G.E.Marino,I
Dec.eas.e.d..___1At Term 19___._._.
NAME AND ADDRESS MILEAGE CLAIMED FROM DAYS MILES AMOUNT RECEIPT
Murre11e Printing Company
Printing of
Sayre,Pa.Brief 114 78
Supreme Court of
Pennsylvania,Pittsburgh,P Motion to Quash 2 00 I
Remittitur 2 00
Exemplification 5 00
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SEE OTHER SIDE
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Washington County,ss:
Personally appeared T?.~!P.-..~~J..:.T~EP.~t.9.-.~__ _ ,who
being duly sworn according to law,says that the foregoing Bill of Costs is correct and true as he verily
believes;that the witnesses named therein were material witnesses and their attendance was necessary,and
they a"pmo'"entitled to the payment oj witness jee'A d.-
.._~~~--------~-------..Tho s"J.T putacSwornandsubscnbedthu
.J..?~.?:day of ~.~.Y..~.~.~.~E.~../2.,19 7..2 .
fAY ~~:;t::2~~J;1:~!fit~-~
CITY OF WASiilN~ICN.\/:·:.:aN~TON COUl'UY,r~I
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AND NOW,this J'1 -day of N/JiJ'~'4-1',1970,I hereby
accept service of the within Bill of Costs and acknowledge to have received
a copy thereof.
~~M """'"C4-
Attorney for Anthony Marino
~
The Supreme Court of Pennsylvania1 ss:
Western District f
)
The Commonwealth oj Pennsylvania
1'0 THE JUDGES of the COURT OF COMMON PLEAS,ORPHANS'DIVISION for the County 0/WASHINGTON
GREETING:WHlmEAs,by virtue of our Writ of Certiorari at No.200 of March Term,1D69 of our Court
a record in the matter of the appeal of ANTHONY L.MARINO
from the order of March 18,1969 of your said Court at No.1 ~Partition o~.1966 .
day of9thwasbrought'into om'Supreme Court and the said cause was thel'e so proceeded in that on the
October A.D.1970 the following decision was rendered,viz:
Appeal quashed.Appellant pay costs.
JONES,J.
MR.JUSTICE COHEN files a Concurring Opinion.
MR.JUSTICE ROBERTS files a Concurring Opinion.
WHEREFORE,We hereby remit you the record aforesaid with the proceedings thereon and all things touching the
same so far as in this Court they remain,for the purpose of execl,ltion as to justice shall appertain in accordance with
the decision of our said Supreme Court as aforesaid.
c.,i
I It ~.(J'seven y....,,-f 'f """"--l 'cJ-:.J-'-:'-iJ~IV ~<..,...'-.:...."L,/'-'//1/•/'---"--
Deputy Prothonotary
~itne55 the Honorable JOHN C.BELL,JR.,Chief Justice of our Supreme
Court,the 20th day of October
in the year of our Lord one thousand nine hundred and
~
C.p.ORPHANS'DIV.
WASHINGTON
No.1 Partition of ~,19 66
No.200 March Tetm,19 69
~uprtmt ~ourt
IN HE:
ESTATE OF GABRIEL E.MARINO,
also known as G.E.MARINO,
deceased
Appeal of ANTHONY L.MARINO
REMITTITUR
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
In Re:
Estate of
GABRIELE E.MARINO,
also known as
G.E.MARINO,
Deceased.
No.1 Partition of 1966
PETITION FOR STAY OF SALE AND AWARD OF REAL
ESTATE IN KIND;FOR REPLACEMENT OF ADMINIS-
TRATOR;AND FOR DISMISSAL OF CITATION
TO THE HONORABLE CHARLES D.COPELAND,P.J.,
Io SPECIALLY PRESIDING:
!
Petitioner,Anthony L.~arino,by his counsel
Edward Munce,files this petition for stay of sale and
award of real estate in kind;for replacement of administra-
tor;and for dismissal of citation,and in support thereof
respectfully represents:
1.Petitioner,Anthony L.Marino,is one of five
co-heirs equally entitled to the subject estate.
2.By ex parte Order of your Honorable Court
dated December 20,1968,it was "ORDERED AND DECREED that
the sale of the property now fixed for December 20,1968,
is hereby stayed and continued until the condemnation pro-
ceeding effecting the same is finally settled."(emphasis
added).
3.By ex parte Order of March 18,1969,your
Honorable Court authorized Russell Marino,Administrator,
to retain separate counsel to represent him in handling the
."
·c
said condemnation proceeding still pending at No.41 January
Term,1969 A.D.in the Court of Common Pleas of Washington
County,Pennsylvania.This Order was appealed as recited
hereinbelow.
4.By ex parte Order of April 9,1969,your Honor-
able Court again fixed a date (May 12,1969)for sale of the
subject realty.
5.The appeal of Anthony Marino to the Supreme
Court of Pennsylvania at No.200 March Term,1969,was
quashed,by Opinion of the Supreme Court dated October 9,
1970,wherein the Court (Jones,J.)stated,in part:
"The order from which this appeal has been
taken only pertains to the retention of
additional counsel to aid the estate in
certain condemnation proceedings.The
Order of March 18,1969,not only fails
to raise the issue which is apparently
in controversy but is also interlocutory.
Middleberg v.Middleberg,427 Pa.114,
233 A2d 889 (1967).Accordingly,this
appeal must be quashed."
The Opinion also declared that:
...Russell Marino . . .should have re-
signed as administrator upon his election
as Register of Wills."
6.By ex parte Order of November 17,1970,your
Honorable Court has fixed Thursday,December 10,1970,at
1:30 o'clock P.M.,Eastern Standard Time,in the Orphans'
Court Room,Court House,Washington,Pa.,as the time and
place where the Court will sit to receive oral bids for the
property.The Order also provides,in part,as follows:
".. .The highes't and successful bidder
shall pay,in cash,10%of bid price at
time of sale,and full balance on delivery
of deed;estate to pay all transfer stamps
and all real estate taxes including the
year 1970."
The order makes no mention of the Federal Tax status.
- 2 -
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Petitioner has no knowledge of Russell Marino7.
,,,
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1'1
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li:I'::,resigning as administrator,or as to whether he has retained
Court,the administrator Russell Marino continues to act in
counsel indicates that Russell continues to act as administra-
deliberate prejudice of the equal interest of the petitioner
To the contrary,the
As heretofore complained to your Honorable8 •
He (Russell)continues to negotiate settlement
of the pending condemnation action,but he has
Copies of the correspondence are attached hereto and
(a)
tor.
marked EXHIBIT "A".
herein:
ii
1
1
1 additional counsel for any purpose.
j recent correspondence between his counsel and petitioner'sII
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never divulged such negotiations to Anthony.The
condemnation negotiations,especially as regards
the "limited Access"aspects,which are still
negotiable,directly affect the value of the
residue to be sold.The condemnor has been
conducting such negotiations exclusively with
the administrator,and as a result the present
petitioner is being "whipsawed"between the
actions in the Court of Common Pleas and in
the Orphans'Court.
(b)The scheduled sale requires the "estate to
pay all transfer stamps and all real estate
taxes including the year 1970."No mention
is made of the Federal Income Tax status.
Despite the fact that it is many years since
there was reawarded to the administrator,at
his request,more than ample funds for the
- 3 -
'v
payment of all Federal Tax claims,at the
scheduled sale,again ordered at his request,
the property is not being offered clear of
Federal Tax involvement,and it is therefore
prejudicial to Anthony who has been kept un-
informed as to such tax status,and consequent-
ly he is not on an equal footing with Russell
to bid at the scheduled sale or with any other
heir that may have been provided such information.
(c)The continuation of the present administrator in
such office and behavior is a rejection of the
declaration of the Supreme Court of Pennsylvania
recited in Paragraph 5 above.
For each and every of the foregoing reasons,your
Petitioner is not given a fair and equitable opportunity to
"bid"at the scheduled "sale",and consequently he cannot
do so,either in person or by attorney.
WHEREFORE,Petitioner respectfully prays your
Honorable Court:
1.To grant a hearing on this petition;
2.To grant an appropriate stay of the scheduled
sale and/or to award the real estate in kind;
3.To remove and replace the present administrator
with a qualified stranger who may reasonably be expected to
deal with each and every heir equally;and
- 4 -
reasons assigned in the brief heretofore filed in your Honor-
EDWARD MUNCE
Counsel for Petitioner
Respectfully submitted,
To dismiss the citation for IIdirect criminal4.
Iii
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I'!contemptII still pending before your Honorable Court,for the
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:1:1 able Court.
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- 5 -
A F F I D A V I T
Before me,the undersigned authority,personally
SS.
appeared Anthony L.Marino,Petitioner,who,being duly
are true and correct.
set forth in the foregoing PETITION FOR STAY OF SALE,etc.
sworn according to law,deposes and says,that the facts
COMMONWEALTH OF PENNSYLVANIA
I!
I·COUNTY OF DAUPHIN
I
Sworn to and subscribed before me
this 4th day of December 1970.
I
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THOMAS oJ.TERPUTAC
ATTORNEY AT LAW
WASHINGTON TRUST BUIl.DING
AREA CODE 412
TELEPHONE 222·9260
.REFERRl::O TO"ff,""
RECEIVED
LAW BUR£A'U
NOV.!.21970
"
II~·
WASHINGTON,PENNSYLVANIA 15301
NovembeJ;'11,1970
Honorable Charles D.Copeland
President Judge of the Orph::ms I Court
Tenth Judicial District of Pennsylvania
Greensburg,Pennsylvania 15601 mene...~, a
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In Be:Estate ot'Gabriele E.Marino,a/k/a
G.E.Marino,deceased
___-...;.V._·T_Cl_Shinsrton C o_unty _
Dear Judge Copeland:'
As you are aware,the Supreme Court of
Pennsylvania filed its final Order and Opinion in the above
capt.i.oned matter on October 9,uno.Since no Petition fol:'Re-
argument was made nnd since the appeal seem,s to be final,
we should proceed with the disposition of the estate.
As you are aware,in the Opinion of Justice•Jones there is a reference in footnote number 3 to the effect
that Mr.Bussell 1\'1 arlno should not have participated as the
Administrator in the estate after he had been elected to the office
of the Register of Wills of Washington.County.No citation of
authority was made in the Opinion regarding this observation.
Acco~'dingly,I would sug~est that a time for
hearing should be set by you at which time we could resolve .the
matter of Mr.Bussell Marino acting 8.8 f\.dministrator and resolve
the matter of setting tne conditions for the sale of the property.
I might add that I have received unofHcial,oral notice from the
Pennsylvania Department of Transportation that it would file a
Petition for Appointment of Viewers regarding the property.To
my knowledge,nothing yet has been done,however.
May we hear from you at your convenience regarding
a prospective date for the hearing.
Very truly yours,(.
I
TJT:amp Thomas J.Terputac
II.
I
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cc:~dward l'vlunce,Esq.
Russell Marino,Administrator
','.
EXH IBIT "A"
I,
'.....
J•,
f .ooilo..
EDWARD MUNCE
Attorney and Counsellor at Law
118 North Office Building
P.O.Box 3265
Harrisburg,Pennsylvania 17120
(717)787-6427
13 November 1970
Honorable Charles D.Copeland
President Judge of the 'Orphans'Court
Greensburg,Pennsylvania 15601
In re:Estate of Gabriele E.Marino,a/k/a
G.E.Marino,deceased
Washington County
Dear Judge Copeland:
This answer refers to the letter of November 11,1970,
received yesterday (copy attached)from Thomas J.Terputac,Esquire,
who is,I believe,sti+l solicitor for Russell Marino as Register
of Wills,and is counsel for Russell Marino as administrator of the
subject estate.
I assume from y~.Terputac's letter to you that you
have seen the October 9,1970 Opinion of the Supreme Court of
?ennsylvania in this matter,which says that lI ••.Russell Marino
•. .should have resigned as administrator upon his election as
Register of 'Wills.lI
I supposed that he would gratefully have availed
himself of the opportunity to resign forthwith.Instead,his
counsel's letter to you states,lINo citation of authority was made
in the Opinion regarding this observation."
I respectfully submit that the Supreme Court has itself
resolved the matter in the Op~nion,which is plenary authority
of itself.
Very truly yours,
~....,.~M "-"eeL
Edward Munce
cc:Thomas J.Terputac,Esquire
Washington Trust Building
Washington,Pennsylvania 15301
Department of Transportation
Commonwealth of Pennsylvania
Harrisburg,Pennsylvania 17120
EXHIBIT itA"
..THOMAS J.TERPUTAC
ATTORNEY AT LAW
WASHINGTON TRUST BUll_DING
WASHINGTON,PENNSYL..VANIA 15301
November 16,1970
..
Honorable Charles D.Copeland
President Judge of the Orphans'Court
Tenth Judicial District of Pennsylvania
Greensburg,Pennsylvania 15601
'*'tl.T ';me
\
In Re:Estate of Gabriele E.Marino,a/k/a
G.E.Marino,deceased
Washington County
Dear Judge Copeland:
RegardIng the above captioned estate,thank you
for your letter of November 12,1970.In the event that you have
not as yet secured a copy .of the Opinion of the Supreme Court,
please find enclosed a Xerox copy thereof.
I!it is agreeable to you,we would appreciate
your coming to Washington,Pennsylvania,on Thursday,December 10,
1970,for the purpose of conducting a sale to receive oral bids.
A proposed order to this effect is enclosed herewith,
and a cop~thereof for your own file.I have taken the liberty of
sending a copy of the proposed order to Mr.Edward Munce,attorney
for Anthony Marino.
U you would be good enough to return the order
as promptly as possible,I will file it and give all the heirs due notice
of the proposed sale.
Thank you for your prompt attention to this matter.
,"
TJT:amp
Enclosures
Very truly yours,
Thomas J.Terputac
cc:~dward Munce,Esq.
Russell Marino,Administrator
...
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EXHIBIT "A"'.
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IN THE COURT OF COMMON PLEAS OF VJASHlliGTON COUNTY,PENNA.
ORPHANS t COURT DIVISION
InRe:
Estate of
GABRIELE E.MARINO.
a.lso known as
G.E.MARINO,
Deceased.
(
)
'(
)
(
)
(
)
(
ORDER
No.1 Partition of 1gee
\
I Y.
AND NOW,November _.1970,upon motion of Thomas J.
Terputac,counsel for such estate,
rr IS ORDERED AND DECREED
that Thursday,the 10th day of December,1970,at 1:30 o'clock P.M.,
Eastern Standard T1me,tn the Orphans'Court Room,Court House,
!
\Vashtngton,Pa.,be and 1s hereby deslgnatEJd as the tirne and place that the
Court wtll sit to receive oral bids of the heirs and dtstr1butees for tho said
described real estate,as a whole,subject to all appropriations as set forth
1n original petition,and alSo to'las~apPX"oprlatlon of Pennsylvania Department
,of H1qhway~of January 10,1969,at No.41 January Term,1969,in the Court
,"of Common Pleas of Washington County,Pennsylvania,of about two and one-
,,half acres;and to enter an appropriate decree directing:a.sale to the highest
bidder.The heirs and dlstrlbutees shall appear personally to make their
bids or offers,and 1n the event that any distributee may not be able to appear)
sald person may have present a representative who is duly authorized 1n
writing,signed and acknowledqed by the dIstributee,to act for such and
present said bids or offers in their behalf.The highest and successful bidder
shall pay,in cash,10%of bid price at time of sale,and full balance on
i
"
\
,
....-.'
deUvery of deed;estate to pay for aU transfer stamps and all rea.l estate
taxes includinq the year 1970.
It is further ordered that at least 21 days notice of presentation of
this petition a.nd ot the time fixed for receiV'inq bids be qtven by certified mall
to each of the said distrlbutees.Proof of the giving of such notice shall be
filed.with th.e Court at the time fixed for recelv.tug bids.
.,By the Court,
CharleS.D.Copeland,P.J.
Specially presidlng.
7-
EmvARD MUNCE
Attorney and Counsellor at Law
118 North Office Building
P.O.Box 3265
Harrisburg,Pennsylvania 17120
(717)787-6427
November 18,1970
Honorable Charles D.Copeland'
President Judge of the Orphans'Court
Greensburg,Pennsylvania 15601
In re:Estate of Gabriele E.Marino,
a/k/a G.E.Marino,deceased
Washington County
Dear Judge Copelan~:
I have this day received a copy of a letter to you
from Thomas J.Terputac,Esq.,dated,November 16,1970 con-
cerning the above captioned estate.That .letter begins with
reference to a letter from yourself to Mr.Terputac concerning
this estate dated November 12,1970;since I have not seen your
letter,I do not know the context from which Mr.Terputac's
proposal stems.
I respectfully submit that the Opinion of the Supreme
Court of Pennsylvania has held that it is most improper for the
Register of Wills to be administrator of this estate.Since the
Register has not seen fit to avail himself of the opportunity
voluntarily to resign,I urge your Honor to remove him ..
The administrator has for years kept my client in
ignorance of all aspects of administration of this estate,
and particularly of the condemnation proceedings of the
Pennsylvania Department of Transportation which are alluded
to in Mr.Terputac's letter to you dated November 11,1970.
Consequently,my client is in no position to p~Qceed further
while the administration of the estate and the management of
its affairs are in the hands of the present administrator.
On the other hand,your Honor may deem it opportune
lito distribute the undisposed of real estate to the heirs"as
mentioned in your letter of May 7,1968.
I Very truly yours,
~kS~M~~cz-
Edward Munce
cc:Thomas J.Terputac,Esq.
Department of Transportation
EXHIBIT "A It
...."....,.o 0
IN THE COURT OF COMMON PLEAS OF VIASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
InRe:
Estate of
GABRIELE E.W..RINO.
also known as
G.E.MARINO,
.Deceased•.
00
(
)
(
)
(
)
(
)
(
No.1 Partition of 1906
ORDER
,..
\
AND NOW,Nov'embet.1:2.."1970,upon.motion of Thomas J.
Terputac)counsel for such estate,
IT IS ORDERED AND DECREED
that ThursdaY1 the 10th day of December.1970,at 1:30 o'clock P.M.t
Easterrl Standard Time,tn the Orphans'Court Room,Court House,
.'_I
\\°a.sh1ngton,Pa.,be and tS hereby designated as the time and place that the
Court wUl sit to receive 0l."21 bids of the heirs and dlstrlbutees for the said
described real estate,as a whole,subject to all appropriations as set forth
in origirUll petition,and aiso to last appropriaUon of Pennsylvania Department
of Highways of January 10,1069.at No.41 January Term,1969,tn the Court
of ComIIlon Pleas of V::ashington County,Pennsylvania,of about two aad one-
half acres;and to enter a.napproprtate decree directing e.sale ~the h1qhest
bidder.The heirs an4 dlstrlbutees shall appear perSonally to make their
bids or offers,and'1n the event that any distributee may not be able to appear.
satd person may have present a.representative \\Ibo ts duly authorized in
writing,'signed and acknowled<Jed by the distributee,to act for such and_
f~lresent said bids or offers 1n thoh·behalf.The highest and successful bidder
shall f:ay,tn cash,10'1b of bid price at time of sale,and full balance on
....-,.
,,,.
~...1..''.-
"
delivery of deed;estate topsy for aU transfer stamps and aU real estate
taxes includlnq the year lfRO.
It is further ordered that a.t least 21 days notice of presentation of
this petition and of the Ume fixed for receiving bids be gtven by certUied mall
to each of the said distributees.l~roof of the ¢\Tlnq of such notice shall be
filed with_~he Court at the time fixed for recelV'i1l9 bids.
'1~•
By the Court,
/s/Charles D.Copeland
Charles D.Copeland)P:J.
Specially presldlnq.
,
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of
the within PETITION FOR STAY OF SALE AND AWARD OF REAL
ESTATE IN KIND;FOR REPLACEMENT OF ADMINISTRATOR;AND FOR
DISMISSAL OF CITATION was duly served this 4th day of
December 1970 upon each of the following:
The Honorable Charles D.Copeland
President Judge
Orphans'Court Division
Courthouse
Greensburg,Pennsylvania 15601
Thomas J.Terputac,Esq.
Washington Trust Building
Washington,Pennsylvania 15301
~~IlI\~~
EDWARD MUNCE
Counsel for Petitioner
I \
-----.-___'0_._
IN THE COURT OF COMMON PLEAS OF
t.7'7\C""1']'T~,.~ml""\~"I""'I""\TTl\Trn'\r n~"''T~T~'TTT7'~""T'""ft"n.tr..J'.I.J.~&."fU'.Lv.....'\",;VVL'f.1..L,r .l.:IL~1."'f""'.L l.JV.l"U.'f..1.1"1
ORPHANS'COURT DIVISION
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•No.1 Partition of 1966
In Re:
Estate of
GABRIELE E.MARINO,
also known as
G.E.MARINO,
Deceased.
\.,
PETITION FOR STAY OF SALE AND AWARD
OF REAL ESTATE IN KIND;FOR REPLACE-
MENT OF ADMINISTRATOR;AND FOR DIS-
MISSAL OF CITATION.
""
....
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EDWARD MUNCE
Attorney at Law.....
"'-
118 North Office Building
P.O.Box 3265
Harrisburg,Pennsylvania 17120
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'I IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY ~PENNA.
ORPHANS I COURT DNJSION
In Re:
Estate of
GABRIE LE E.MARINO,
also known as
G.E.MARINO,
Deceased.
(
)
(
)
(
)
(
)
(
ORDER
No.1 Partition of 1966
writing,signed and acknowLedged by the distributee,to act for such and
said person may have present a representative who is duly authorized in
AND NOW,November 11-,1970J upon motion of Thomas J.
Terputac,counsel for such estate,
IT IS ORDERED AND DECREED
'I
I,that Thursday,the 10th day of December,1970,at 1:30 o'clockP.M.,'I
Eastern Standard Time,in the Orphans'Court Room,Court House,I
II
Washington,Pa.,be and is hereby designated as the time and place that the
Court will sit to receive oral bids of the heirs and distributees for the said
:~
I described real estate,as a whole,subject to all appropriations as set forth;1
II
I;in original petition,and also to last appropriation of Pennsylvania DepartmentII
'I
Ii of Highways of January 10,1969,at No.41 January Term,1969,in the Court,i
H
"of Common Pleas of Washington County,Pennsylvania,of about two and one-
,half acres;and to enter an appropriate decree directing a sale to the highest
'I bidder.The heirs and distributees shall appear personally to make their
II bids or offers,and in the event that any distributee may not be able to appear ~
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11
present said bids or offers in their behalf.The highest and successful bidder
II shall pay,in cash,10%of bid price at time of sale,and full balance on
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"delivery of deed;estate to pay for all transfer stamps and all real estate
taxes including the year 1970.
iiI
It is further ordered that at least 21 days notice of presentation of
,;this petition and of the time fixed for receiving bids be given by certified mail;
'"
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,,:to each of the said distributees,Proof of the giving of such notice shall be
id:
filed with the Court at the time fixed for receiving bids.
By the Court,
Charles D.Copeland,
Specially presiding.
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Deceased.
In Re:Estate of
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GABRIELE E.MARINO,also
known as G.E.MARINO,
II IN THE COURT OF COMMON PLEASI
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No.1 Partition of 1966
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PATRICK N BOLSINGER PITTSBURGH,PA.
PROTHONOTARY 15219
HELEN D.STEELE
DEPUTY PROTHONOTARY
January 4,1972
.,.
•
Russell Marino,Esq.
Clerk,Orphans'Court Division
Court of Common Pleas
Court House
Washington,Pa.15301
Dear Mr.Marino:.
I am enclosing herewith the following p~pers:
Re:Estate of Marino
..~o.87 March Term,1971
~.Lour No.1 in Partition of 1966
Original Record in 2 parts
Remittitur
Copy of Opinion
Re:.Estate of Button a/k/a Botton
No.88 March Term,1971
Your No.907 of 1969 (63-69-907)
Original Record
Testimony (2)
Envelope of Exhibits
Remittitur .
Copy of Opinion'.
Very truly yours,
DEPUTY PROTHONOTARY
ad
Enclosures
L1251
Th rUE SUPIU~l·lli counT OF P~NSYLVANIA
Western District
KSTATE uF GAllIUEL ~.HAlUNO,•No.87 l1arch Term,1971•
1)~c~.s~l)•·•Appeal fronl Decree of Court•·of COm&lon Pleas,Orphans'·•Court Division,ot Washing-·Appeal ot Anthony L.}1arino •ton County,~o.1 Partition•of 1966··Entered:Decenber 10,1970
OPIl\IONI
PElt CUIUAl1
FILED:December 20,1971
Decree affi~led.Appellant pay costso
Mr.Justice Roberts did not participate in the con-
sideration or decision of this case.
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..JUDGES'CHAMelERS
COURT OF COMMON PLEAS OF CAMBRIA COUNTY
ORPHANS'COU"T DIVI.,ON
EelENSeURG,PENNSYLVANIA le~31
ARNOLD D.SMORTO
PR~SIOENT..JUOG~
June 19,1972
Edward Munce,Esquire
P.O.Box 3265
Harrisburg,Pennsylvania 17120
Re:Estate of Gabriele E.Marino,
a/k/a G.E.Marino,Deceased
No.292 of 1964.A.A.
No.1 Partition of 1966
No.101 of 1971
Dear Mr.Munce:
Having been assigned specially to hear and adjudicate
all problems incident to said estate,including objections to
the account,please be advised that a hearing will be held in
the Orphans'Court Room at the Court House,Washington,
Pennsylvania,on Thursday,July 6,1972 at 10:00 A.M.
ADS:mc
/
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cc:",T e re·s ina Ma rino
RalpH Marino
P.Vincent Marino
A~t,hony L.Marino
Russe1l:'Ma:rino"Ij
Thomas J.Terputac,Esquire /
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IN THE COURT OF C0:JV[]1i10N PLEAS OF WASHINGTON COUNTY I PENNA.
ORPHANS'COURT DNISION
INRE:
Estate of
GABRIELE E.MARINO,a/k/a
G.E.MARINO,
Deceased.
(
)
(
)
(
)
(
),
(
DECREE
No.1 Partition of 1966
AND NOW,July (,,1972,it appearing that this Court ordered
the real estate of decedent be sold at a sa~e limited to the heirs and
Idistributees of G.E.Marino,and that said sale was conducted in open court
Ion Thursday,Dec$mber 10,1970;that the'highest bid received at said sale
was made by Russell Marino,administrator of decedentfs estate who was
permitted by court order to engage in the bidding;that all the terms of sale
have been complied with,
NOW,THEREFORE,IT ill DECREED AND ORDERED
that a proper deed of conveyance for the tract of land described in the petition
and the Order of Sale be executed,acknowledged and delivered to Russell
Marino by John Rana,Audit Clerk of the Orphans I Court,as grantor,inasmuc
as Russell Marino is the administrator of the estate and the present Clerk of
the Orphans I Court.
Ar old D.Smorto
S ecially Presiding
I~"..__._-I__~~_II ..-------11 ---~--~I
In the Court of Common Pleas of
Washington County,Pennsylvania
Orphans'Court Division
No.1 Partition of 1966
In Re:
Estate of
GABRIELE E.MARINO,a/k/a
G.E.MARINO,
Deceased.
-,
r..
•\.
~
1,
DECREE
(Smorto,J.,
Specially Presiding
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•~ORPHANS'COUR~IV~liIO~~COURT OF COMM PI..£AS)./-'~~~I ~"WASHINGTON.PA'I!':"
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No.1 Partition of 1966
(
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(
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(
)
(Deceased.
G.E.MARThfO,
Estate of
GABRIELE E.MARThfO,a/k/a
IN RE:
i!'!
:,i ill THE COURT OF COJ\illVION PLEAS OF WASHThfGTON COUNTY 1 PENNA.
!I'!ORPHANS 'COURT DIVISION,I,IiIi
III
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"",ORDER AUTHORIZING ADMINISTRATOR TO RENOUNCE UNLIQUIDATED
CLAIM OF ESTATE IN CONDEMNATION ACTION AND PROCEEDS
AND NOW,July J7,1972,it appearing to the Court that a Petition !
,was filed on February 2,1971,requesting authorization to renounce an
unliquidated claim in a condemnation action by the Pennsylvania Department
of Highways,and that because of matters pending in the settlement of the
estate at that time,no decision was rendered by the Court on the prayer of
said petition,
NOW,THER EFORE,
'iIII
a final account in this estate haVing been filed,and audited by the Court on
July 6,1972,and all estate matters haVing been disposed of except the said
,matter of the condemnation proceeding,
,I
'1,1I'll
IT ill HEREBY ORDERED AND DECREED
:i that Russell Marino,Administrator of the Estate of G.E.Marino,deceased,
!!,
'I~
',;is hereby authorized and directed to abandon and renounce the unliquidated
,i claim of said estate in the condemnation action pending at No.41 January Term,
,i
:11
i:i 1969,in the Court of Common Pleas of Washington County,Pennsylvania,
II,
:11
':1,concerning the appropriation of about two and one-half acres of surface land
,I
r on January 10,1969;
~I
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No prejudice shall result to the estate or to the heirs of decedent;
the sum of $4295 paid into Court by the Commonwealth as estimated just
compensation and now retained by the Prothonotary,shall be distributed to th
five heirs of decedent,equally,on demand of each heir for his one-fifth shar
thereof.I
It is the intent of this Order to permit the administrator to comPletel~
renounce all rights in the condemnation case insofar as the estate is concerne
and to effectively discontinue any action of the said estate therein,to the end
that final distribution may be made of the remaining assets of this decedent
who died more than ten years ago.
The rights and interest of the heirs in said condemnation proceeding
and proceeds shall not be prejudiced by this order;each heir may pursue his
remedy to continue the action at No.41 January Term,1969,in the Court of
Common Pleas of Washington County,Pennsylvania,and secure damages
beyond the amount paid into Court by the said Department of Highways (now
Pennsylvania Department of Transportation) as a fair estimate of the damages
incurred.
rnold D.Smorto,P.J.
pecially Presiding
-2-
I I ')
I~··..•
IN THE COURT OF COMMON PLE41S
OF WASHINGTON COUNTY,PEN!'t¥\
ORP HANS I COURT DIVISION
NO.1 PARTITION OF 1966
l
IN RE:
ESTATE OF
GABRIELE E.MARINO,
a/k/a G.E.MARINO,
Deceased.
ORDER
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ATTORNEY AT LAW
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729 WASHINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA 15301
P~T CJ-.A~
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PATRICK No BOLSINGI;:R
PROTHONOTARY
HELEN D.STEELE
DEPUTY PROTHONOTARY
PITTSBURGH,PA.
15219
J
October 20,1970
Russell Marino,Esq.
Clerk,Orphans'Court Division
Court of Common Pleas
Court House
Washington,Pa.15301
Re:Estate of Gabriel E.Marino
No.200 March Term,1969
Your No.1 Partition of 1966
Dear Mr.Marino:
I am enclosing herewith the following papers
in the above-captioned matter:
Original Record
Remittitur
Exemplification
HS:ad
Enclosures
,.Very truly yours,
DEPUTY PROTHONOTARY
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Coun~YJ No.1 Por£i~lon
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Couz~o~Centon 1?1.0CQ of t1Do~A:tn8~0i.1 f;ot,:t\:7"
2.Rt!ooa 11 148l:ino:G'~~cC?1~68 J he J b::'1n c11<:Clal:!t o~~hG C!"iJhCf:.3:
Cou;:i:ond nC?81oC~2'Ol:Hillo of 'UDch~!l8\:on Cocn\:y.
II •
11 ,I '0v.
If
iIi
ilI
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!
I'
II
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11,
'I'I
'I
'I
I •II
I'
[341~~2]
In the absence of express statutory author1za.t1on,an inter-
lOCU~~,order 1s genera.lly unappealable (NcGee V.,.S1EA!!l'382 Pao 18#
114 A.2d 141 (1955»and no such statute 1s presently applicable."The
IIIevident policy of the law 1n such regard is to preclude piecemeal
:1determinat10ns and the consequent protraction ot l1tigation."Sullivan
v.m!ladelpb1&.378 Pao 648,649,107 A.2d 854,855 (1954).
'I •
:!An order 1s !!211nter1ocutQ1'y it 1t precludes a party from
pros~t1ng the merits of his cla1m to the lower court.Ventura v.
IISqlark Motel,Inc.,431 Pa.459,246 A.2d 353 (1968)J S~Estate.
".
423 la.189,223 Ao2d 685 (l966)J stadler v.m.Oliver Bor2Ylh,
II -T-
373 PaD 316,95 A.2d 776 (1953).l''
'I
'I In the case a't bar.Anthony Marino;,apparent1y~would 11ke
Itohave Russell Marino removed as administrator.although AnthOn¥'8
'I
."'1'.,
pos1tion 1s none too clear from the plead1ngs.Ths order trom wh1ch
:1 •
this'appeal bas ~om t;1ken only pertains to the retent10n of 84ditiona!II
Icounsel to aid the estate 1n certain condemnation proceedings0 The
"'Iorder of March 18,1969,not only faUs tora1se the issue which 18
:1
saran;tlt 1n controversy but 1s also interlocutory.M1ddleberi v.
'I
H1ddlebem,,427 la.114$233 A.2d 889 (1967)•Accordingly,this appeal
Imust be quashed.Any discussion on the merits of this case must be
I,i,.'
,.
I I!
1
I
I
I,
:1
:1
Ii
Ii
'I~I
'I'i'I
:1
I
;.1
II
II
'II,
II
,I
I
:1
:1
:1
II
.,:1
,I.,
Appeal quashed.Appellant p~costso
MR.JUSTICE COBIN rUed a COncurring Op1n1ono
ltm.JUSTICB ROBBR'l'S t1led a Concurr1ng Op1n1ono
F d I • , 1 TF
3.The dispos1tion ot this appeal shall in no manner be deemed a con-
donation of the part1c:l.pat1on of Judge MarUi6 Inii any stage ot the pro-
ceedings in this estatE!nor of the action of Russell Mar1no 1n con-
tinu1lag as adm1n1stratclr of th1s estate after becoming Clerk ot the
Orphans'Court and Reg2.ster of V1lls of Wash1ngton COunty.A Judge
must not act in a controversy Wherein he 1s a party in interest (Canons
of Jud1c1al Ethics..§§13..29 of the Amer1can Bar Associat1on adopted .
by this COUrt)and the conduct ot Judge Mar1no clearl3'and tlasrantly
violated the ethical standards of the Jud1clal7.Moreover..Russell
MarinO..although he was not Res1stel'ot W1l1s when appointed adm1nistrator..
shoUld have resigned as administrator upon his election as Register of '
W1lls~
-3-'
.,
..
[341]
IN THE SUPREME COURT OF PENNSYLVANIA
Western District
IN RE:ESTATE OF GABRI1'.'L
E.MARINO,a180 known 813 G.
E.MARINO,Deceased
....--
Appeal of Anthony L.'Marino
:no.200 March Term 1969
••
:Appeal from Order of Court of
:<:oumon Pleas,Orphans'Court
:ltivision,of Washington COUDty,
:no.1 Partition of 1966.
••
••
COHCllRRIt~G ()PINIOli
COHEN.J.:rUed:October 9J 1910,
I join in the opinion of the CClurt.However,I must note my
strong disapproval of the actions of:Anthony Marino,a member of
this Court,who is apparently attempting to use the judicial .ystem
to further his personal intra"'faud.ly feud.
It should be noted that Anthony Mat'llDo ba.s had the services
of five different attorneys since 1964.III addition t be acted as
his own couDsel in the Answer he filed on March 8,1966 which led
to a contempt citation.As a lawyer Mr.Marillo should recognize
that the judicial system should not be further burdened with his
personal antaganism.
...
[341]
IN THE SUPREME COURT OF PBlmSYLVAIfIA
Western District
m RE:ESTATE OF GABRIEL
Eo MARINO ..also kmwn as G.
E.MARINO..Deceesed
Appeal ot Anthony L..Marino
No.200 March Term,1969
Appeal frOID Order of Court ot Cauman
Pleas;Orphans'Court Division,of
Wtshington County.No.1 Partition ot
1966.
ROBEBfS,J.
COHCURBil'tO OPINION
.rUed:OCtober 9..1910
While I join in the oplniop ot the Court,I must additionally note
my strong disapproval of the actions ot the orphans'court jUdge in sitting
~.,
in a case in which he had a direct pecuniary interest.Cannon 29 or the
American Bar JlGsoelatlonos cannons of Judicial Ethics provides that "[8]
jUdge nhonld abstain from pertorming er taking part in any jUdicial act
in Which his personal.interests a~involved."See also the Interim
Report of the Amer1c~.n Bar Association's Spec1el Committee on Standards
of Judicisl Conduct,which conciuded that "ta]judge should disqualify
himself In any proceeding 1n his court 1n which he knows or should know
that he,ind1v1.dually or as a fiduciary.or any member ot his family re-
siding in his household»has an interest In the matter in controversy or
the affairs of a party to the proceeding."I also expressly disapprove
of the actions of the Registrar of Wills and Clerk of the Orphans'Court
in retaining h1s position as administrator ot the estate atter his
accession to these posltlonso
-1-
,
r
~ommon\uealtIJ of Jennsplbania,}ss:
County of Allegheny
I,PATRICK N.BOLSINGER,Prothonotary
of the Supreme Court of Pennsylvania for the Western District thereof,the said court being a
Court of Record,do hereby certify that the foregoing is a true and correct copy of the whole and
.OPINION &2 CONCURRING OPINIONSentIre_..
ESTATE OF GABRIEL E.MARINO......................................'l..
at No ~.??.__March Term,~~~~,as full,entire and complete as the same remains on
file in the said Supreme Court,in the case there stated;and I do hereby further certify that the fore-
going has been compared by me with the original record in said cause in my keeping and custody as
the Prothonotary of said Court,and that the foregoing is a correct transcript from said record and of
the whole of the original thereof.
IN TESTIMONY WHEREOF,I have hereunto set my
hand and affixed the seal of the said Court,at Pittsburgh,
this _?.9..~.~..................day of 9.~.~.??.~E.........................in
the year of our Lord One Thousand Nine Hundred and
seventy•..........................................................'/";::'(.,.
",,'\"·c··>
II I:()t,~".);c\"jJi/;9 A ",J l'=./I'f \.c"-c,·~~~'-c~,_.......................~I..~:.\,:.~.:::::::.-::..~::::-.;;::::..
Prothonotary
\
J
...
,.
........
No ..,;~.QQ March Term,J.2.§.2 ..
IN RE:
ESTATE OF GABRIEL E.MARINO"ETC.
Appeal of ANTHONY L.MARINO
~
l'EXEMPLIFICATION
~
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t14./?i../I'-C1.-F f-.J
J
OOffitt of Itgisltr of lIills
RUSSELL MARINO
REGISTER OFWILLS AND EX·OFFICIO
CLERKOFTHE ORPHANS'COURT
DEPUTIES
GUY A.ROGERS
MARGARET GLASER
lIus4iugtnu,\buusgluuuiU
~a
November 18,1970.
Mr.Thomas J.Terputac,
Attorney at Law,
Washington Trust Bldg.,
Washington,Penna.
IN HE:ESTATE OF GABRIEL E.MARINO aka
G.E.MARINO,Deceased.
Dear Mr.Terputac:
Per your request of even date,we submit herewith
an itemized list of the Unpaid Items in said estate:
$1.00
1.50
2.50
Order re Hearing to Receive
and Cert.Copies Order
Order re continuance
Motion for Continuance
Order Re Withdrawal of Atty.
Decree &Order to Disqualify
Order Re Assignment Hon.Charles
D.Copeland to Preside Specially,
2.50
Bids
5.50
1.50
July 11
Sept.7
1966
March 29
April 28
April 26
May 26
1968
May 23
1970
Nov.18
Order re Additional Bond
Order SettinR Hearing S.R.E.
1.00
Total Due - - - - - - -$18.00
Very truly yours,
rm/fkh
........".---j
ESTATE OF
Q!uurt uf Q!ummnu Jlrus uf )llJus4iugtnu Q!uuuty,
.Jruuliylnuuiu,(@rp4uuli'Q!uurt 1BinllilnU.+J 0 I tf-l /17I.No.6)-71 ..J]
In the matter of the_----JS!::!.e~c~on..........d__"la..l.oln"_ld__"'F....i...LJn....a.....1; 1
a Ik/aGabrieleE.Merino,
G.·E.Marino Account of_----"-R.....u....s....s..,.e....J....]L........IoM"'"'8:>..r....i....nu.JO~_
deceased.Administrator
ADJUDICATION AND DECREE
And now'Angns t :3 / ,19-+2-,this matter came on for hearing,
audit and distribution at this session and testimony taken;and thereupon,upon due consideration
thereof of the balance for distribution in the hands of the Accountant is determined to be
$1 J 998.,38 and the account is accor .gly confirmed;and it is ordered,
adjudged and 'decreed that the said balance be paid out by t ccountan'accordance with the
schedule of disribution hereto attached and made part he of,unless e cepti s hereto be filed
sec.reg.~r an appeat be taken herefrom sec.leg.
Specially Presiding
.~.
SCHEDULE OF DISTRIBUTION
Balance per account _$1,873.13
Additional debit asked at audit
Additional credit asked at audit
Balance _
Deduct Clerk's Costs &Receipts _
Attorney__-----;-T.....h"""oU,JIDcu.8r:>..,S"'--......,T.....--'-T=e,.L;r±-'p'-U!l'-'-'tLCIa~c.....,.,_
451.52
326.27
2,324.6$
Thomas J.Te~putac,Esq.,extraordinary services,
defending against appeal,_$2$.00
1,4$6.38
Thomas J.Terputac,Esq.,reimbursement for :-
Filing order in re:Straw-man conveyance
of real estate $2.$0!real estate.transfer stamps 7.00
J.Hammond,costs of transcript of audit
hearing 9.10 18.60
1,437.78
Debit -Unliquidated claim in condemnation
action by Pennsylvania Department of
Highways,pending at No.41 January Term:
1969,in the Court of Common Pleas of
\olashington County,Pennsylvania,upon
which there has been paid into Court
by the Commonwealth as estimated just
compensation the sum of $429$.00
-Balance of purchase price from sale
of real estate Decreed by Order of
Court under date of December 10,
1970 under Section 734 of the Fidu-
ciaries Act (see order of Court under
date of July 6,1972 at No.1 Parti-
tion of 1966)-(the down payment of
~70.00 or 10%thereon having been al-
ready charged in the accounting)630.00
'.
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en n
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~Reimbursement to the estate by
Russell Marino of 1/2 of the
1972 real estate taxes assessed
against the estate of the de-
cedent,23.36
~..
•<.~.~.,.,.t.
;..'.
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./
Delmer Larkin,S.Strabane Township tax
collector,School tax for 1972,credit to be
taken by the accountant for funds advanced
nrior to distribution by the Court,33.9
Credit to be taken by the Accountant -Fiduciary
for funds deposited by the Pennsylvania Depart-
ment of Highways in the Court of Common Pleas
of Washington County Pennsylvania at No.41
January Term,1969,representing estimated just
compensation for condemnation action at said
Number and Term -funds aforesaid being the
subject of an Order of the Court under date of
July 17,1972 and filed to No.1 Partition
of 1966,4295.0
. .'1:
6,352.15
Russell Marino,brother,1/5 balance,
p.Vincent Marino,brother,1/5·balance,
Ralph Marino,brother,1/5 balance,
Teresina Marino,sister,1/5 balance,
Anthony L.Marino,brother,1/5 balance,
NOTE:It appears to the Court that the transfer
tax in this estate may be over paid.The
surcharge entered,as it would appear hig
for a Fiduciary to be able to anticipate
ordinary circumstances that have contribu
overpayment,however,the Fiduciary is in
file a claim with the proper authorities
quest a refund of the taxes overpaid and
received,he shall distribute the funds t
legally entitled as set forth above in th
tion of the balance,and the filing of re
the heirs or the cancelled checks or mach
thereof shall act as a discharge of the i
further formal accounting of the fund to
shall be necessary.
41l •.~.3
411.43
411.43
411.43
.:,\~
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No balance
'----------:-----J-~...~l.'
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III
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j
IN THE
COURT OF COMMON PLEAS OF WASHINGTON COUNTY,
PENNSYLVANIA
ORPHANS'COURT DIVISION
ESTATE OF NO.87 MARCH TERM,1971
NO.1 IN PARTITION of 1966
(In Court below)
(
)
(
)
(
)
(
)
DECEASED.
GABRIELE E.MARINO,
also known as
G.E.MARINO,
IN RE:
TO THE HONORABLE THE JUSTICES OF THE SUPREME COURT OF PENNSYLVAN A:
CERTIORARI having been filed from your Court in the above
entitled Estate,I have prepared in accordance therewith,the
record,including Docket Entries and all original papers,for
Certification to The Supreme Court of Pennsylvania,from the
Orphans'Court Division of Washington County,Pennsylvania.
Russell Marino
Register of Wills and Ex-Offic 0
Clerk of the Orphans'Court
Division.
.....
.,"~
.,
"
(J.".:!I(1)
•
DOC K E T ENTRIES
December 10,1970 --o R D E R
AND NOW,DECEMBER 10,1970,it is ORDERED AND DECREED
that Russell Marino,Administrator of the estate of
Gabriele E.Marino,a/k/a G.E.Marino,Deceased,is
hereby authorized to bid as an individual at the
sale of real estate in t he Estate of Gabriele E.
Marino,a/k/a G.E.Marino,Deceased,to be held
December 10,1970.
BY THE COURT,
CHARLES D.COPELAND
Charles D.Copeland,P.J.
Specially Presiding
December 10,1970 --o R D E R OF C OUR T
AND NOW,to wit:This lOth day of December,1970,a
Petition for Stay of Sale,Award of Real Estate in
Kind,Replacement of Administrator and for Dismissal
of a Citation against Anthony L.Marino has been filed
and Hearing set for December 10,1970,at 1:30 P.M.
and no one appearing at the Hearing on behalf of
Anthony L.Marino,the Petitioner,
IT IS ORDERED AND DECREED that the Petition as re-
lating to the Stay of Sale,Award of Real Estate in
Kind and Replacement of Administrator is dismissed,
and,
IT IS FURTHER ORDERED that the Citation for Cr!minal
Contempt heretofore issued and directed to Anthony
L.Marino in the above case is hereby dismissed.
CHARLES D.COPELAND
specially Presiding Judge
ATTEST:
John V B Hana
Clerk
December 10,1970 --HEARING ON PROCEEDINGS ON PRIVATE SALE OF REAL ESTATE
Before:THE HONORABLE CHARLES D.COPELAND,
Judge of Westmoreland County Orphans'Court
Division,Specially Presiding.
APPEARANCES:THOMAS J.TERPUTAC,ESQ.,of Washington,
Pa.,representing Russell Marino,Administrator.
TIME:Thursday,December 10,1970,at 1:30 o'clock
P.M.EST.
--FILED.
I hereby certify that the proceedings and evidence
- 1 -
r
December 11,1970
are contained fully and accurately in the note.s taken
by me on the hearing of the above cause,and that this
copy is a correct transcript of the same.
Jacqueline Hammond
Official Stenographer
The foregoing record of the proceedings upon the hearing
of the above cause is hereby approved and directed to
be filed.
BY:THE COURT,
Charles D.Copeland
ANSWER TO PETITION
AND NOW,DECEMBER 11,1970,ANSWER TO PETITION of
ANTHONY L.MARINO,dated December 10,1970,by Russell
Marino,Administrator of the Estate of GABRIElli E.
MARINO,aka G.E.MARINO,DECEASED,by his Attorney,
THOMAS J.TERPUTAC,ESQ.~filed.
AND NOW this ---day of December,1970,I hereby
accept service of t he within Answer to Petition and
acknowledge to have received a copy thereof.
Attorney for Anthony L.Marino
December 11,1970 --AFFIDAVIT OF SERVICE by THOMAS J.TERPUTAC,ESQ.,by
Certified Mail of t rue and correct copy of Court Order
signed by the Honorable Charles D.Copeland,Specially
Presiding,dated November 17,1970,upon Edward Munce,
Esq.,Mr.Anthony Marino;and Ralph Marino,together
with return receipts therefor,FILED.
December 24,1970 --PETITION TO PREVENT ENCUMBRANCE AND TO SET ASIDE AWARD
OF REAL ESTATE~of Anthony L.Marino,Petitioner,by
his counsel,Edward,Munce,Esq.,with EXHIBITS "A"
rthroughnGn;and Certificate of Service,of same on
rT'h~'Honorable C~'arles D.Copeland,President Judge,
Orphans'Court Division,Courthouse,
Greensburg,Pennsylvania,15601
Thomas J.Terputac,Esq.,
Washington Trust BuDding,Washington,Pennsylvania,15301
Patsy V.Marino,
504 Beau Street,Washington,Pennsylvania,15301
;
\\by Edward Munce,Counsel for Petitioner --FILED.
December 30,1970 ANSWER TO PETITION TO PREVENT ENCUMBRANCE AND TO SET
ASIDE AWARD OF REAL ESTATE.
-2-
AND NOW,DECEMBER 30,1970,
•
ANSWER TO PETITION TO PREVENT ENCUMBRANCE AND TO SET
ASIDE AWARD OF REAL ESTATE of RUSSELL MARINO,ADMR.EST.
GABRIELE E.MARINO,aka G.E.MARINO,DECEASED,BY his
Attorney,THOMAS J.TERPUTAC,ESQ.,FILED.
AFFIDAVIT OF RUSSELL MARINO,ADMR.EST.GABRIELE E.
MARINO,aka etc.,executed December 30,1970,FILED.
January 18,1971 --~ERTIORARI of Supreme Court of Pennsylvania,Western
District,IN RE:APPEAL OF ANTHONY L.MARINO from
Order of Court of December 10,1970,at No.1 in
Partition of 1966;RE ESTATE OF GABRIELE E.MARINO,
also known as G.E.MARINO,deceased,dated January 11,
1971,filed to No.87 March Term,1971;Returnable the
Third Monday of March,A.D.1971,FILED.
Edward Munce,Attorney for Appellant.
January 18,1971 --NOTICE OF APPEAL AND ACCEPTANCE.OF SERVICE.
To Appellee or his Counsa:
You are hereby notified that on January 11,1971,an
appeal was taken to t he Supreme Cour t of Pennsylvania
in the above entitled case at No.87 March Term,1971,
by Anthony L.Marino and that this appeal will be on
the list for the Week of March 15,1971,at Pittsburgh,Pa.
Edward Munce
Edward Munce
Attorney for Appellant
118 North Office Bldg.,
.P .0.Box 3265
Harrisburg,Pa.17120
January 18,1971,Service of the foregoing notice is
hereby accepted.
Thos.J.Terputac
January 22,1971 --TO HONORABLE CHARLES D.COPELAND,P.J.
Pursuant to Rule 63,printed above,you are hereby
notified that on January 11,1971 an appeal was taken
to the Supreme Court of Pennsylvania in the above en-
titled case at No.87 March Term,1971 by Anthony L.
Marino,and the appellant compains of the following
matters,the reasons for which do not appear of record:
(a)Award of estate real estate to Russell Marino,in
great prejudice of the estate and of Anthony Marino;and
-3-
__________________,Stenographer:
/1Cttorney for Appellant
Administrator.
Charles D.Copeland
Charles b.Copeland,P.J.
Edward Munce
Attorney for Appellant
Edward Munce
••
hearing,of appellant's Petition for Stay of Sale,
Award of real estate in kind,and Replacement of
that on January 11,1971,an appeal was taken to the
Supreme Court of Pennsylvania in the above entitled case
at No.87 March Term,1971 by Anthony L.Marino.
is hereby accepted.
Mrs.Jacqueline Hammond,Service of the foregoing notice
Pursuant to rule 63,printed above,you are hereby notified
(b)Dismissal,without opportunity for evidentiary
__~__~__~__~Service of the foregoing notice is hereby accepted.
January 22,1971
Mrs.Jacqueline Hammond
FILE IN COURT BELOW
- 4 -
••
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
GABRIELE.E.MARINO,a/k/a
i G.E.MARINO,
I Deceased.
)
)
)
)
)
)
)
)
)
No.1 PARTITION OF 1966
I-
o R D E R
AND NOW,December 10,1970}it is ORDERED AND DECREED
that Russell Marino,Administrator of the estate of Gabriele E.Marino,a/k/a
G.E.Marino,Deceased,is hereby authorized to bid as an individual at the
I sale of real estate in the Estate of Gabriele E.Marino,a/k/a G.E.Marino,
Deceased,to be held December 10,1970.
By the Court,
,&L.~;;,~~ucL-
Charles D.Copeland}.J.
Specially Pres iding
hJI
I'.-I !!In the C-ourt of r.nmmnn Pleas of II
Washington County,Pennsylvania
OrphansI Court Division
No.1 Partition of 1966
e
'"""<-
e
-
-
..
In Re:
Estate of
GABRIE LE E.MARINO,
a/k/a
G.E.MARINO,
Deceased.
o R D E R
.):Y -
,
Ii l
i
I
,
ORPHAN'S COURTY(:(.WASHINGTON,PA.
/_,/-:Ali -c?--/If
~2
~--_.~
IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNSYLVANIA,ORPHANS COURT DIVISION
In Re:Estate of
GABRIELLE E.MARINO,
alias dictus G.E.
MARINO,Deceased.
,,
ORDER OF COURT
dt
AND NOW,to wit:This /()day of December,
1970,a Petition for Stay of Sale,Award of Real
Estate in Kind,Replacement of Administrator and
for Dismissal of a Citation against Anthony L.
Marino has been filed and Hearing set for December 10,
1970 at 1:30 P.M.and no one appearing at the Hearing
on behalf of Anthony L.Marino,the Petitioner,
IT IS ORDERED AND DECREED that the Petition
as relating to the Stay of Sale,Award of Real Estate
in Kind and Replacement of Administrator is dismissed
and,
IT IS FURTHER ORDERED that the Citation
for Criminal Contempt heretofore issued and directed
to Anthony L.Marino in the above case is hereby
dismissed.
~'J,,~~
Specially Pres1 1ng JUdge
Attest:
!k4tt tid /~~Z;Clerk
DECEASED.
In Re:Estate of
------------~
t~c.:c(:?"
..J
,J
;v
OF COURT
-....~i ~
,
.-'-~
I(-~~-
"""'
ORDER
GABRIELLE E.MARINO,
alias dictus
G.E.MARINO,
IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PA.
ORPHANS'COURT DIVISION
No.
~~44-9-;;l./7'-
I -
~\
..\
\
\
\.
.~~•(•,....~-.....
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,
P ENNSYLVANIA
ORPHANS I COURT DIVISION
IN RE:)
)
ESTATE OF )
)NO.1 PARTITION OF 1966
GABRIELE E.MARINO,)
a/k/a G.E.MARINO,)
)
Deceased.)
ANSWER TO PETITION
AND NOW,this lOth day of December,1970"comes
RUSSELL MARINO,Administrator of the Estate of Gabriele E.Marino,
a/k/a G.E.Marino,deceased,by his attorney,THOMAS J.TERPUTAC,
ESQ.,and files this Answer to the petition of Anthony L.Marino and
avers as follows:
1.It is admitted that Anthony L.Marino is the
petitioner and he is one of five heirs who are entitled to take respective
shares in the above captioned estate subject to the estate being handled
by the duly appointed Administrator.
2.The averments of paragraph 2 of the petition are
admitted,but it is averred that it has no relevance to the instant
proceeding nor to the sale of the property.
3.The averments of paragraph 3 are admitted.However
the Order of the Court of Common Pleas of Washington County,
Pennsylvania,Orphans I Court Division,authorizing the Administrator to
retain separate counsel was allegedly the subject of an appeal to the
Supreme Court of Pennsylvania.The Supreme Court of Pennsylvania
/
••
quashed the appeal and placed the costs thereof upon the appellant,
Anthony L.Marino.
4.The averments of paragraph 4 are admitted.
5.The averments of paragraph 5 are admitted;however,
it is believed and therefore averred that the only decision in the case
at No.200 March Term,1969,was that the appeal was quashed and that
no other decision was made and no other order relevant to the instant
proceeding.
6.The averments of paragraph 6 are admitted.The
Administrator believes and therefore avers that the Federal Tax status
is immaterial and irrelevant.
7.The averments of paragraph 7 are incomprehensible.
Russell Marino has been and continues to act as Administrator in this
estate.
8.The averments of paragraph 8 are denied.On the
contrary,the Administrator has acted in good faith and has kept all
parties advised regarding the pending condemnation action,but until
recently,no Petition for Viewers was filed.A copy of that petition has
been mailed to the attorney for Anthony L.Marino.Under the law,
as announced in Marino Condemnation Case at No.319 July Term,1966,
A.D.,affirmed per curiam,213 Pa.Super.792,the Administrator has
the right to handle the condemnation proceeding as part of the estate.
The Federal Income Tax problem as stated in subparagraph (b)is
immaterial and irrelevant to the instant proceeding.The Administrator
will continue to act as such unless and until he is removed by your
Honorable Court.
-2 -
I '
•..
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~.,•
WHEREFORE,RUSSELL MARINO,Administrator,
respectfully prays your Honorable Court to deny a hearing on this
petition,to deny any stay of sale,to deny awarding of the real estate
in kind to Anthony L.Marino and to permit the Administrator to act as
Administrator in the instant estate.Furthermore,the Administrator
avers that the portion of the petition to dismiss the citation for contempt
is irrelevant and not properly before your Honorable Court.
-3-
,•--.'.-'"....••
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
)
)SS:
)
Personally appeared before me,the undersigned
authority,RUSSELL MARINO,Administrator of the Estate of Gabriele
E.Marino,a/k/a G.E.Marino,deceased,who,being duly sworn
according to law,deposes and says that the fact s set forth in the
foregoing Answer to Petition are true and correct upon his knowledge,
information and belief.
Sworn to and subscribed
before me this lOth day
of December,1970.
Notary Public
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THOMAS J.TERPUTAC
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ANSWER TO PETITION
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ORPHANS'COURT DIVISION
NO.1 PARTITION OF 1966
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,
PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:)
)
ESTATE OF )
)
GABRIELE E.MARINO,)
a/k/a G.E.MARINO,)
)
Deceased.)
NO.1 PARTITION OF 1966
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF WASHINGTON
Personally appeared before me,the undersigned authority
THOMAS J.TERPUTAC,ESQ.,who.being duly sworn according to law.
deposes and says that as the attorney for the above estate.he did cause
to be served a true and correct copy of the Court Order signed by the
Honorable Charles D.Copeland.Specially Presiding.dated November 17.
1970.upon Edward Munce.Esq.•127 North Office Building.P.O.Box
3265.Harrisburg.Pennsylvania.by Certified Mail No.616499.Return
Receipt Requested;Mr.Anthony Marino.R.D.#6.Mechanicsburg.
Pennsylvania,by Certified Mail No.616500.Return Receipt Requested;
and upon Ralph Marino.1022 -75th Street.Brooklyn.New York.by
Certified Mail No.616498.Return Receipt Requested,as will appear by
the Return Receipt Cards attached hereto and made a part hereof.
Sworn to and subscribed
before me this 10th day of December.1970.
~flwi/~
Notary Public
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Mr.Ralph Marino OR DATE
STREET AND NO.1022 -75th Street
P.O.,STATE AND ZIP CODE
H/18/70Brooklyn,New York
OPTIONAL SERVICES FOR ADDITIONAL FEES
RETURN ~1.Shows to whom and date delivered ............lOt
RECEIPT With delivery to addressee only ............60c
2.Shows to whom,date and where delivered ..35<SERVICES With delivery to addressee only ............85t
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CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front)
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side of the article,leaving the receipt attached,and present the article at a post office service
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Thomas J,Terputac,Esq.
729 Washington Trust Building
Washington,Pennsylvania 15301
RETURN
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RECEIPT FOR CERTIFIED MAIL-JO¢(plus postage)
SENT TO POSTMARK
Mr.Anthony Marino OR DATE
STREET AND NO.
R.D.#6
P.O.,STATE AND ZIP CODE
Mechanicsburg,Penna.17055 11/18/70OPTIONALSERVICESFORADDITIONALFEES
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RECEIPT With delivery to addressee only ......-.....60¢
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Thomas J.Terputac,Esq.
729 Washington Trust Building
Washington,Pennsylvania 15301
RETURN
TO
RECEIPT FOR CERTIFIED MAIL-30~~(plus postage)
SENT TO !VIr .Edward Munce POSTMARK
Attorney at Law OR DATE
STREET AND NO.
127 North Office Building
P.O.,STATE AND ZIP CODE P.O.Box 3265
Harrisburg,Pennsylvania 17120 11/18/70
OPTIONAL SERVICES FOR ADDITIONAL FEES
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RECEIPT With delivery to addressee only ............60C
.2.Shows to Whom,date and Where delivered ..3ScSERVICESWithdeliverytoaddresseeonly............8Se
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CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front>
1.If you want this receipt postmarked,stick the gummed stub on the left portion of the address
side of the article,leaving the receipt attached,and present the article at a po~t office service
window or hand it to your rural carrier.(no extra charge)
2,If.you do not want this receipt.postmarked,stick the gummed stub on the left portion of'~he ~address side of the article,det~ch and retain the receipt,and mail the article.
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•gummed ends.Endorse front of article RETURN RECEIPT REQUESTED.
4.If you want the article delivered only'to fhe addressee,endorse it on the front DELIVER TO
ADQRESSEE ONLY..Place the same.endorsement in line 2 of the return receipt card if that
service is requested::1
5.Save this receipt and present it if you make inquiry.
PLEASE FURNISH SERVICE(S)INDICATED BY CHECKED BLOCK(S).
REQUIRED FEE(S)PAID.
D Show to whom,date and address D Deliver ONLY
where delivered to addressee
RECEIPTRecei~'ed the numbered article described below.
•.REGISTERED NO.
CERTIFIED NO.
616499
INSURED NO.
DATE DELIVERED
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~Thomas J.Terputac,Esq.
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ENTHE C"au,RT OF COMMON PLEALS·F WASHINGTON COUNTY.PENNA.
I 'II OREHANS I C.OURT DIYISION,
NO.1 PARTITION OF 1966
IN RE:
tit -
ESTATE OF
GABRIELE E.MARINO.
a/k/a G.E.MARINO.
Deceased.
AFFIDAVIT OF SERVICE
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THOMAS .J.TERPUTAC
ATTORNEY AT LAW
729 WASHINGTON TRUST BUILDING
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WASHINGTON.PENNSYLVANIA 15301
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IN THE ~CGURT OF COMMON PLEAS OF WASHINGTON COUNTY..PENNA.
ORPHA NSf COURT DIVISION
PROCEEDINGS ON PRIVATE SALE OF REAL ESTATE
NO.1 PARTITION OF 1966
)
)
)
)
)
)
)
)
)
THOMAS J.TERPUTAC..ESQ.,of Washington,
Pa.,representing Russell Marino,Administrat I:>r.
Thursday,December 10,1970,at 1:30 o'clock
P.M.,EST.
THE HONORABLE CHARLES D.COPELANQ
Judge of Westmoreland County Orphans I Court
Divis ion,Specially Presiding.
ESTATE OF
IN RE:
~GABRIELE E.MARINO..a/k/a
~..~G.E.MARINO..zzIII
II.Deceased.i~I'ZXIII~
~it~1/1Q
~BEFORE:U
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ui~APPEARANCES:~II:oII.IIIII:
~II:g TIME:u
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~---------
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MR.TERPUTAC:
e.
If the Court please,Your Honor,my name
2
~III
IiIl:~Il:
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is Thomas J.Terputac.I am a member of the Washington County
Bar and I represent Russell Marino,the Administrator in this
caEHi-in this hearing today.We have given,Your Honor,due notice
of th is sale date to all of the parties involved in this proceeding,
all of the heirs,including Attorney Edward Munce,who represents
one of the heirs,Anthony Marino,and also notice to Mr.Anthony
Marino himself.And at this time I would like to hand up an Affidav t
of Service showing service on these two gentlemen.The other heir~
have been duly notified and in Court at this time are Russell Marine,
the Administrator,and Honorable P.V.Marino,Cou rt of Common
Pleas,Orphans I Court Division of this Court,who is also one of
the heirs.
I am in receipt,Your Honor,of a Petition
which I received a few days ago from Edward Munce,counsel for
Anthony Marino.In this Petition which the original,or a copy of
which I believe has been sent to Your Honor,he has stated that he
did not want the sale to proceed,that he wanted the Administrator
replaced,and he asked for various other relief.I have prepared ar d
I hand you herewith our Answer to this petition.And I note that at
this time in Court at about 1:35 P.M.,neither Mr.Munce nOr
Mr.Marino have shown up.
I call your attention,Your Honor,to page
four of Mr.Anthony Marino's Petition,wherein he states as folloVis~
•e.3
"For each and every of the foregoing reasons,your Petitioner is
not given a fair and equitable opportunity to bid at the scheduled
sale,and consequently he cannot do so,either in person or by
attorney."Then he makes a prayer saying that he wants this
whole thing called off.But he doesnIt say what he wants done.
In view of their refusal to appear on this Petition,Your Honor,I
respectfully request that in accordance with my Answer that the
various prayers of the Petition be denied and I would ask Your
Honorable Court to allow us to conduct a sale of this property so
that the Administrator can proceed and close out this estate;some
thing we have tried to do for about eight years.
THE COURT:I ha ve notified Mr.Munce that a hearing
would be held on his Petition today at 1:30.And he received that
and I have communication from him that he doesn't have any new
facts to pres ent and that he would not be here and that Anthony Mar no
would not be here.So as far as the sale is concerned,I am going
to refuse his Petition to stay the sale.And I will make an order
now that Mr.Russell Marino,the Administrator of the estate,will
be permitted to bid at this sale.
MR.TERPUTAC:
THE COURT:
MR.TERPUTAC:
In his capacity as one of the heirs.
In his capacity as an individual.
Your Honor,may I suggest before the sale
proceeds,does Your Honor desire to make any other references to
the Petition?There are three or four prayers there.Frankly.I
•e·
-------------,-------"
4
think they should all be denied.But of course,this is up to Your
Honor.
THE COURT:
MR.TERPUTAC:
I will talk to you about that later.
Very well,Your Honor.We have received
from the Pennsylvania Department of Transportation through the
efforts of Mr.Andrews and Attorney Davis G.Yohe,who is the
highways attorney for Washington Coo nty,and they have been very
cooperative and helpful in this matter,I have here a plan of the
property formerly owned by the decedent,Gabriele Marino,for
viewing by Your Honor.The area of one parcel contains 5.313 acre!:'
actually left in the estate and of course,which is subject to sale.
And on the other side,there is 0.689 of an acre,a triangular piece
and a very small triangular piece that fronts on this highway and
appears at the Southwesterly portion of this map.These are the
areas which are to be sold and may be bidded in by any of the heirs
in accordance with the Order of Court.I hand this herewith to Your
Honor.Your Honor has a copy.Thank you.
(At the direction of the Court,off-the-record discussion was not recorded
by the stenographer).
MR.TERPUTAC:We are selling everything that is in the
estate as far as real estate is concerned less all of the appropriatiop.s,
including the present appropriation which was recently completed
by the Pennsylvania Department of Transportation.That leaves abc~t
•
six or six and a quarter acres.
5
JUDGE MA RINO:
.MR.TERPUTAC:
.(At the direction of the Court,.
e .by the stenographer)•
53.3.
I mean all together.
off-the-record discussion was not recorded
0(THE COURT:How do you want to sell,the whole thing Or
Z~what is left subject to the taking?
zf MR.TERPUTAC:I wish to state for the record also,Your Ho lor,
i~that the purchaser does not get an assignment of the damages as
z
ii far as the most recent appropriation is concerned.So that the estat i>
would continue to handle that matter of damages for the most recent
appropriation with the Pennsylvania Department of Transportation.
The purchaser will only get the six or six and a quarter acres that
is actually left for sale.
aiII:~THE COUR T:WouldnI t the owner at the time of the conderil-II:
fIII
II:"nation proceeding be entitled to the proceeds,regardless of how~:;)
8 it was sold?
.Jcot MR.TERPUTA C:That is correct.But I just wanted to make i
o
clear that there would,in addition to that,there will be no assignm pnt
of those damages to the purchaser.So he is only getting the propelv-ty
that is left.
THE COURT:
MR.TERPUTAC:
I ask again,how doyou want to sell it?
We would like to sell the whole tract less
all of the respective appropriations.
-------11------------------------------------1----
•
THE COURT:
MR.TERPUTAC:
How are you going to get a deed for it?
Mr.Yohe has reminded me that he has
6
actually taken a right-of-way so that it would be the entire tract
originally owned by the decedent less the appropriations as far as t e
easement is concerned.But the fee,of course,is still owned by
ti MR.ANDREWS:May I add,under this eight hundreths of anii1I-~a acre,I believe that would be included as part of this eight hundretl s
...Jc(
§g that we are talking about,this 5.313 tract.See,that would be re-.,
~maming.We'd have six acres remaining and of all this,this little
•"
:!z~...>-IIIZZIIIII.
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:tGI;
the estate.As far as the actual description is concerned,I sugges
to Your Honor that that would be a matter to be worked out properl"
between the estate and the Pennsylvania Department of Transportat on
so that we can properly prepare a deed with three descriptions;one
for 5.313 acres,one for.088 acres and one for 0.689 acres.
tract here,this little triangular tract here would be part of this
5.313.
THE COURT:
aiII:~II:oII.IIIII:
l-ll:::l8 MR.TElRPUTAC:
...J0(
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So actually we have left six acres .
All right.At this time we will take any bids
for the real estate originally owned by the decedent,Gabriele
Marino,subject,however,to all the condemnation proceedings,
including the pres ent one that have been had.
MR.TERPUTAC:That is correct,Your Honor.And the biddilg
should take place in accordance with the Order of Court dated
November 17,1970.
•
THE COURT:
.".
At which time ten percent of the purchase
7
price is to be furnished and the balance of the purchase price on
delivery of the deed.
.,.:
~JUDGE MARINO:I have no other bids,Your Honor.
~III~THE COURT:The property is awarded and sold to Russel
0(u
c;Marino,an individual.Is there anything furthe r?
:J:I::
N MR.TERPUTAC:I assume that as far as I am concerned it
,.
MR.TERPUTAC:
THE COURT:
~RUSSELL MARINO:
zo¢
~THE COURT:
IIIz
Z~JUDGE MARINO:
io~RUSSELL MA RINO:zxUl~THE COURT:
Yes,Your Honor.
Are there any bids?
I will bid $500.00.
Any other bids?
I bid $600.00,Your Honor.
I bid $700.00.
Judge Marino,any more bids?
price,and to handle the sale and prepare the deed in accordance
is necessary for me to establish into the estate the ten percent bid
with the Order of Court .
ui0:IIII-0:oll.III0:
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U~THE COURT:o
Right,sir.
MR.TERPUTAC:
THE COURT:
RUSSELL MARINO:
THE COURT:
That will be done,sir.
Will you furnish the $70.00?
Will a check be satisfactory?
Yes.
(At the direction of Mr.Terputac,off-the-record discussion was not
recorded by the stenographe r).
••.".,...8
MR.TERPUTAC:Let the record show that Russell Marino
as aru,heir and individual has produced and has shown to the Court
$70.00 in cash.which is ten percent of the bid price at the time of
this sale.And the full balance will be paid upon delivery of the
deed in accordance with the Order of Court.This money.of COUTS •
p rice,less the terms in accordance with Order of Court.
will be put into the estate as well as the balance of the purchase~z«>~UlZ~THE COURT:II.Anything further?
,.
i
~~zii THE COURT:
(NO RESPONSE)
The Court is adjourned.
The foregoing record of the
Thank you very much.Your Honor.
(Proceedings Closed).
*** * *** * * * * * * **
t MR.TERPUTAC:~Ul
Ci
~§
Q::l.,
~01
Ii0:IIII-0:~I hereby certify that the proceedings and evidence are contained
11/0:
I-~fully and accurately in the notes taken by me on the hearing of the above
ou
~cause.and that this copy is a correct transcript of the same.U~o
..
..
,el'
above cause is hereby approved and directed to be filed.
By the Court.
------H-----------~G~~~~~~I==r---1
Specially Presiding
\•
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
I Estate of
GABRIELE E.MARINO,
also known as
G.E.MARINO,
Deceased.
No.1 Partition of 1966
PETITION TO PREVENT ENCUMBRANCE AND
TO SET ASIDE AWARD OF REAL ESTATE
,TO THE HONORABLE CHARLES D.COPELAND,P.J.,
SPECIA~LY PRESIDING:
Petitioner,Anthony L.Marino,by his counsel,
Edward Munce,respectfully represents:
1.Petitioner,Anthony L.Marino,is one of five
co-heirs entitled to the subject estate.
2.On November 18,1970,Edward Munce (counsel
for Anthony Marino)received from Thomas Terputac (counsel
for Russell Marino)a copy of the latter's proposed Order
of sale of the subject real estate.A copy of said Order
and the letter transmitting it are attached hereto and
marked EXHIBIT "A".
3.Edward Munce then promptly wrote his letter
of November 18,1970,to the Honorable Charles D.Copeland.
A copy of said letter is attached hereto and marked EXHIBIT
"B".
4.By Order of November 17,1970,your Honorable
Court granted the requested Order of sale in the form re-
quested,and fixed the time and place where the Court would
••
sit "..to receive oral bids for the property",upon the
terms stated in the requested order.
5.By petition dated December 4,1970 (a copy of
which is attached hereto and marked EXHIBIT "C"),the present
petitioner,by his counsel,Edward Munce,requested your
Honorable Court:
"l.To grant a hearing on this petition;
"2.To grant an appropriate stay of the
scheduled sale and/or to award the real estate
in kind;
"3.To remove and replace the present
administrator with a qualified stranger who
may reasonably be expected to deal with each
and every heir equally;and
"4.To dismiss the citation for 'directocriminalcontempt'still pending before your
Honorable Court,for the reasons assigned in
the brief heretofore filed in your Honorable
Court.II
6.By Answer to the aforesaid petition (a copy
of said Answer is attached hereto and marked EXHIBIT "D")
Russel Marino prayed your Honorable Court:
II .to deny a hearing on this petition,
to deny any stay of sale,to deny awarding
of the real estate in kind to Anthony L.
Marino and to permit the Administrator to
act as Administrator in the instant estate.
Furthermore,the Administrator avers that the
portion of the petition to dismiss the cita-
tion for contempt is irrelevant and not
properly before your Honorable Court."
5.By letter dated December 7,1970 (a copy of
which is attached hereto and marked EXHIBIT "E"),the
Honorable Charles D.Copeland invited "...any argument
you have on your petition ..".
- 2 -
•
6.By telegram dated December 9,1970,(a copy
of which is attached hereto and marked EXHIBIT "F"),Edward
Munce advised your Honorable Court the reasons why neither
he nor his client,Anthony Marino,would be present at the
time and place scheduled for the Court "...to receive
oral bids"for sale of the subject real estate.
7.The sale was held on December 10,1970,as
scheduled,and your Honorable Court awarded the property
to Russell Marino on his bid of $700.
8.At the same time,your Honorable Court entered
into an evidentiary hearing of which the present petitioner
had no notice,or opportunity to prepare,and a'Mr.Andrews,
who has no lawful interest in the estate,was permitted to
participate.
9.Additionally,on December 10,1970,your
Honorable Court ordered and decreed as shown on the copy
thereof attached hereto and marked EXHIBIT "G".
10.The property was awarded to Russell Marino
who is still Clerk of the Orphans Court and improperly con-
tinues to act as administrator of this estate.The bid
price of $700 was grossly inadequate and was perpet'l;'ated
unjustly to deprive the present petitioner of his property:
(a)The tract awarded Russell is part of a tract
of 12.81 acres of valuable land,with dwelling
(with store)and gasoline station thereon,at
the intersection of Route 40 (National Pike)
and Route 19 (Pittsburgh-Washington-Waynesburg
Pike).
- 3 -
••
There have been three condemnations by the
Department of Highways,viz:
Property
Date Taken
1st condemnation July 15,1959 about 2~a.
[Decedent died October 6,1961J
Value
$39,000
paid
2nd condemnation Dec.7,1961 about 2~a.
3rd condemnation October 28,1968.
This last condemnation,which is still being
negotiated,includes limiting access to the
remaining acreage,and the dwelling and store
(now removed,but compensation for which is a
part of this third condemnation)upon which the
administrator had carried $10,000 of insurance.
It also includes a portion of highway frontage
for which Boron 0il Company had offered $29,000.
The condemnors representatives apparently
have indeed been "very cooperative"(T~4)with
Patsy and Russell Marino in these condemnations,
and they have been equally uncooperative with the
present petitioner whom they have studiously
avoided in this whole matter.
No one but an "insider"with the "helpful
cooperation"made available to Russell and
Patsy could bid the property purportedly
offered at the sale.
For the 5 acres taken 10 years ago in the
first 2 condemnations,the Department paid
$39,000.For the remainder of the whole tract,
including the 'dwelling,the Department has paid
$4,295 into Court and Russell has bid $700,or a
total of $4,995.How much the remaining tract
- 4 -
I
I:
will really be worth will depend upon how
much access to it can be negotiated by
"helpful cooperation".
(b)Failure to reveal the present I.R.S.status
similarly gave Russell and Patsy preferential
status.Both Russell and Patsy had been
negotiating the I.R.S.claim during the many
years elapsed since the money was reawarded
by Patsy to Russell for that purpose.But
even at this late date the property was offered
as a pig in a poke as regards the tax liability
of an uninformed bidder.Russell and Patsy,of
course,were well informed bidders as to all
phases of liability.
11.Petitioners request for an evidentiary hearing
to offer proof of any controverted facts was not afforded,
thus depriving petitioner of his fundamental rights.
12.The requirement of Section 12,Rule 10 of the
Pennsylvania Supreme Court's Orphans Court Rules was not
complied with in that the liens and charges (the Internal
Revenue tax status)were not stated,and failure of such
compliance constitutes fundamental error.
13.Additionally,your Honorable Court was duly
apprised that Anthony Marino was bedfast with bronchitis,
and therefore could not be on hand to participate in the new
and unscheduled matters made the subject of inquiry at the
scHeduled bidding.
- 5 -
••
14.Your petitioner respectfully avers,and is
prepared to offer evidence to show:
(a)That Russell and Patsy Marino have
conspired to deprive your petitioner
of his rightful inheritance in this
estate;
(b)That the award of real estate to
Russell for $700 on December 10,1970
was a result of such conspiracy;
(c)That such award for $700 is for a
grossly inadequate bid;
(d)That the bidding had was not com-
petitive bidding but was collusive;
(e)That such actions are in great
prejudice of the rights and pro-
perty of your petitioner.
- 6 -
•
I
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WHEREFORE,your petitioner respectfully prays your
Honorable Court:
1.To set aside the award of real estate to
I Russell Marino made by Order of December 10,1970.
2.To restrain the said Russel Marino from
committing any acts in prejudice of or which may encumber
i said real estate.
3.To award the land to the heirs in kind as
!heretofore requested.
4.To remove Russell as administrator and replace
him by appointing a disinterested administrator as heretofore
requested.
5.To grant such other relief as to your Honorable
Court may seem meet in the premises.
All of which is respectfully submitted.
PetJ.tioner
Edward Munce,Counsel for
Petitioner
- 7 -
••
A F F I D A V I T
COMMONWEALTH OF PENNSYLVANIA
SSe
COUNTY OF DAUPHIN
•
Before me,the undersigned authority,personally
appeared Anthony L.Marino,Petitioner,who being duly
sworn according to law,deposes and says,that the facts
set forth in the foregoing PETITION TO PREVENT ENCUMBRANCE
AND TO SET ASIDE AWARD OF REAL ESTATE are true and correct.
.~~
Petitioner
Sworn to and subscribed before me
this 22nd day of December 1970.
Notary Public
,"
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.-•
THO:v.AS J.TERPUTAC'
ATTORN£::Y AT LAW
WACHINGTON TRUc;T OUIl-OING
WASHINGTON.P£::NNSYI..VANIA 15301
Noven:ber 16,1970
Honor:lblc Ch~r1es D.Copol::md
President Judge of the Orph:lnc;'Court
Tenth Judicio.1 District of PClli"1sylvo.nia
G1":lcnsbure,Pennsylvania 15601
•
AnE:A CODE:"12
....•.,:L.,P;iCUi:~2:~.02G"•--.0 f',.'''of :;,"t.,./-~'../
:·-~~";;~"·~,:..":'D '-.~;.--
\
In Eo:Estate of G~briclc E.Marino,0./k/a
G..E.Mo.rino,dcceo.:Jed
Was]:-linCI~on County
D~ar Judge Copeland:
Regarding th'~abov0 captioned estate,thank you
for your letter of Novemoor 12,1970.In the CVC:lt that you have
not as yet secured a copy of tho Opinion of the Supreme Court,
please find enclosed a Xerox copy thereof.
I!it is agreeable to you,we would appr~cb.tc
your coming to Vlnshin,Gton,Pennsylvo.nio.,on Thurcday,Dacc~"li:c:-10,
1970,for the purpose of conducting a sale to rec0ivc or:?l bids.
A proposed order to tr..is effect is enclosed l::;....~withl
and a cop~thoreof for your own filo.·I have tnken tho lib~r~y of
sending a copy of th~proposed order to Mr.Edwa:-d Munce.nttor::cy
for Anthony Marino.
If you would be goo'::enough to r::::tur.l t:.~ordor
~s promptly :;lS po~~ible.1 will file it and give all th~!"_ei.::'s dec no~~cc
of the proposed sale.
Thank you for your prompt attcl:.tion to this m_~~.:r.
>'
,-
TJT:amp
Enclosures
VC'J;y truly yours.
Thomas J.Terputo.c
cc:j/"Edward Muncc~Esq.
Russell Marino.Administrator
L/
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IN THE COURT OF CO£v':r.~O~'~PLE",';S OF "V..1...SEINGTON COUI'?rY,PEK:'7A.
ORPHANS I COUHT DIVISION
In Re:
Estate of
GABRIELE E.~J1ARINO~
elso Imown 2S
G.E.MARINO,
Deceased.
(
)
(
)
(
)
(
)
(
ORDER
No •.1 Pa.rtition of 1966
".
,'-I
.Al\1D NOV!3 November _,1970,UfJOU motion of Thomas J•
.Torputac;counsel for such estC4te,
IT IS ORDERED A1.\TD DECREED,
that Thursday,the 10th day of December,1870,at 1:30 o'clock P.M.,
Ec.stern Standard Time,in the Ol""Ohans'COUl.'t Room,Court Bou~e,..!,.
Via:2hi.ngton,Pa.,be and is hereby designated as the ti~e and place tr.=..t the
COUi:t witl sit to receive oral bids of the heh's and distributeos for t::c 2aid
described real estate,~a whole,subject to all approl?~"'iatious:lS set forth
in original petition,and alSo·to last apPi:'opriation of Pennsylvania DC9~..rtr:.cnt
of Highway~of Januar~10,18(9)at No.41 Ja.nuary Tcrm1 1869)in the Court
",of Common Pleas of Vjashiugton CountyJ PGnnsylvani~,of o.bout tV10 ~nd o~o·
I 'balf acres;and to enter o.n appropriate decree directing a s~le to the hitJhcst
bidder.Tho heirs and distributces shall apf:.cG.r l,~ersor~ally to m~:.:c theii."
biOs or offel.·s,and 1n the event that o.ny distributee may not be o.b t~to :::':;:;'c:::.~)
said person rr.ay have present a rcp:"csentativ0 v.'ho is duly s.t:~ho:,i::ed t1'..
wriUilg,signed and acknowledged by the distributee.to act lor such E..::.d
present said bids or offel"s in their bGh::.lf.The highest nnd SUCC0'::~:~!bidcer
shall pay,in cash,lv!b oi bid price at time of sale,and iull ba.l::'l:CC on
••
,
\
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delivery of deGd;estate to [/o.y for aU tranofG;''''stumps and all real estate
ta.':es including the year 1070.
It is further ordered that at least 21 days notice of prcsontaUon of
this petition and of the time :fixed fm.·re.:eiving bids be given by ccrtiii~d mz.U
to e~ch of the said distr1butecs.Proof of the giving·of such notice shall bv
filed with the Court at the time fixed for receiving bids.
.By tho Court,
Cho.rles D.Copoland,P.J.
~peciallyprcsid~ng.
"
L._
••
ED\':P.RD L'-lUNCE
Attorney and Counsellor at Law
118 North Office Building
P.O.Box 3265
Harrisburg,Pennsylvania 17120
(717)787-6427
November 18,1970·
Honorable Charles D.Copeland
President Judge of the Orphans'Court
Greensburg,Pennsylvania 15601
In re:Estate of Gabriele E.Marino,
a/k/a G.E.Marino,deceased
Washington County
Dear Judge Copeland:
I have this day received a copy of a letter to you
from Thomas J.Terputac,Esq.,dated.November 16,1970 con-
cerning the above captioned estate.That letter begins with
reference to a letter from yourself to Mr.Terputac concerning
this estate dated November 12,1970;since I have not seen your
letter,I do not know the context from which Mr.Terputac's
.proposal sterns.
~.
I respectfully submit that the Opinion of the Supreme
Court of Pennsylvania has held that it is most improper for the
Register of Wills to be administrator of this estate.Since the
Register has not seen fit to avail himself of the opportunity
voluntarily to resign,I urge your Honor to remove him•.
The administrator has for years kept my client in
ignorance of all aspects of administration of this estate,
and particularly of the condemnation proceedings of the
Pennsylvania Department of Transportation which are alluded
to in Mr.Terputac's letter to you dated November 11,1970.
Consequently,my client is in no position to proceed further
while the administration of the estate and the management of
its affairs are in the hands of the present administrator.
On the other hand,your Honor may deem it opportune
"to distribute the undisposed of real estate to the heirs"as
mentioned in your letter of May 7,1968.
Very truly yours,
~2>44~~M~cC-
Edward Munce
cc:Thomas J.Terputac,Esq.
Department of Transportation
r'"8'tFXHfBlf
••
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PENN SYLVA..V,IAI
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(emphasis
,.,
No.1 Partition of 1966
II••
Deceased.
By ex parte Order of your Honorable Court
Petitioner,Anthony L.Marino,is one of five
2.
PETITION FOR STAY'OF SALE AND AWARD OF REAL
ESTATE IN KIND;FOR REPLACEMENT OF ADMINIS-
TRATOR;AND FOR DISMISSAL OF CITATION
1.
Petitioner,Anthony L.Mar~no,by 'his counsel
GABRIELE E.MAR~NO,
also"known as
G.E.MARINO,
the sale of the property now fixed for December 20,1968,
award of real estate in k~nd;for replacement of adrninistra-
ceeding effecting the same is finally settled."
tor;and for dismissal of citation,and in support thereof,
is hereby stayed and continued until the condemnation pro-
co-heirs equally entitled to the subject estate.
respectfully represents:
Edward Munce,files this petition for stay of sale and
"r
III:In Re:
i~Ii Estate of
i:
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j,IN THE COURT OF COV.u.\10N PLEAS OF WF.SHINGTON COUNTY,
Ii ORPHANS'COURT DIVISION
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IiIiIiI TO THE HONORABLE CHARLES D.'COPELAND,P.J.,01Ii SPECIALLY PRESIDING:
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I;dated December 20,1968,it was "ORDERED AND DECREED that
II
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3.By ex parte Order of March 18,1969,your
Honorable Court authorized Russell Marino,Administrator,
:i
,;:to retain separate counsel'to represent him in handling the
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The order makes no'mention of the Federal Tax status.
hereinbelow.·
property.The Order also provides,in part,as follows:
••
"...The highest and successful bidder
shall pay,in cash,10%of bid price at
time of sale,and full balance on delivery
of deed;estate to pay all transfer stamps
and all real estate taxes including the
year 1970.II
liThe order from \vhich this appeal has been
.taken only pertains to the retention of
additional counsel to aid the estate in
certain condemnation proceedings.The
Order of March 18,1969,not only fails
to raise the issue which is apparently
in controversy but is also interlocutory.
Middleberg v.Middleberg,427 Pa.114,
233 A2d 889 (1967).Accordingly,this
appeal must be quashed.",
The Opinion also declared that:
4.By ex parte Order of April 9,1969,your Honor-
".. .Russell Marino . • •should have re-
signed as administrator upon his election
as Register of Wills.II
5.The appeal of Anthony'Marino to the Supreme
6.By ex parte Order of November 17,1970,your
able Court again fixed a date (May 12,1969)for sale of the
Court of Pennsylvania at No.200 March Term,1969,was'.
County,Pennsy~y~nia.This Order was appealed as recited
:'..
subject realty.
said condemnation proceeding still pending at No.41 Jqnuary
Term,1969 A.D.'in the Court of Conunon Pleas of Washington
quashed,by Opinion of the Supreme Court dated October 9 ,
place where the Court will sit to receive oral bids for the
Honorable Court has fixed Thursday,December 10,1970,at
1:30 o'clock P.M.,Eastern Standard Time,in the Orphans'
1970,wherein the Court (Jones,J.)stated,in part:
Court Room,Court House,Washington,Pa.,as the time and
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recent correspondence between his counsel and petition~r's
counsel indicates that Russell continues to act as adrninistra-
Court,the administrator Ru~sell Marino continues to act in
deliberate prejudice of the equal interest of the petitioner
I
I,
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II
I~•
As heretofore complained to your Honorable
Petitioner has no'knowledge of Russell Marino
(Russell)continues to negotiate settlement
8.
He
of the pending condemnation action,but he has'
7.
Copies of the c?rrespondence are attached hereto and
(a)
marked EXHIBIT II AII •
tor.
herein:
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II
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Ii1\resigning as administrator,or as to whether he has retained
il additional counsel for any purpose.To the contrary,the
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never divulged such negotiations to Anthony.The
condemnation negotiations,especially as regards
\
-the 1I1imited Access ll aspects,which are still
negotiable,directly affect the value of the
residue to be sold.The condemnor has been
conducting such negotiations exclusively with
the administrator,and as a result the present'
petitioner is being IIwh,ipsawedll between the
actions in the Court of Common Pleas and in..
the Orphans'Court.
(b)The scheduled sale requires the lies tate to
pay all transfer stamps and all real estate
taxes including the year 1970.11 No mention
is made of the Federal Income .T~x.status.
Despite the fact that it is many years since
there was reawarded to the administrator,at
his request,more than ample funds for the
- 3 -
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payment of all Federal Tax claims,at the
,',.
scheduled sale,again ordered at his request,
the property is not being offered clear of
Federal Tax involvement,and it is therefore
prejudicial to Anthony who has been kept un-
informed as to such tax status,and consequent-
ly he is not on an equal footing with Russell
to bid at the scheduled sale or with any other
heir that may have been provided s~ch information.
(c)The continuation'of the.present administrator in
such office and behavior'is a rejection of the
declaration of the Supreme Court of Pennsylvania
recited in Paragraph 5 above.
For each and every of the foregoing reasons,your
Petitioner is not given a fair and equitable opportunity to
"bid"at the scheduled "sale",and consequently he cannot
do so,either in person or by attorney.
WHEREFORE,Petitioner respectfully prays your
Honorable Court:
1.To grant a hearing on this petition;
2.To grant an appropriate stay of the scheduled
sale and/or to award the real estate in kind;
3.To remove and replace the present administrator
with a qualified stranger who may reasonably be expected to
deal with each and every heir equally;and
•
- 4 -
..
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4.To dismiss the citation for "direct criminal
contcmptll still pending before your HonQrllble Court,for the
reasons assigned in the brief heretofore filed in your Honor-..
able Court.
Respectfully submitted,
~'"""-
~,~onr
"
EDWARD MUNCE
Counsel for Petitioner
...5 -
appeared Anthony L.Marino,Petitioner,who.being duly
set forth in the foregoing PETITION FOR STAY OF SALE,etc.
•
Before me,the undersigned authority,personally
..
Notary Public
~.•• i 3 /17 rJ.?I'.i'D./,.n ~_-~.'...-I ..,J'-Cr"7V\/''''~',-,=,-v'V v -------
SSe
..
A F F I D A V I T
•
COUNTY OF DAUPHIN
are true and correct.
'.
S\vorn according to law,deposes'and says,that the facts
this 4th day of December 1970.
Sworn to and subscribed before me
CO~~ONWEALTH OF PENNSYLVANIA
,,-"..
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..•
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,
Ph'NNSYLVANIA
ORPHANS'COURT DIVISION
ESTATE OF
GABRIELE E.MA RING,
a/k/a G.E.MARINO,
.,.
f ....__........,.
\.,...-~
t·•.~..t i...Jt ':'
NO.1 PARTITION OF 1966,
)
)
)
)
)
)
)
Deceased.)
IN HE:
".'..t_1 :~'.
ANSWER TO PETITION
AND NOW,this 10th day of December,1970,comes
RUSSELL MAHINO,Administrator of the Estate of Gabriele E.Marino,
a/k/a G.E.Marino,deceased,by his ~ttorney,THOMAS J.TERPUTAC,
\ESQ.,and files this Answer to the petition of Anthony L.Marino and
avers as follows:
1.It is admitted that Anthony L.Marino is the
petitioner and he is one of five heirs who are entitled to take respective
shares in the above captioned estate subject to the estate being handled
by the duly appointed Administrator.
2.The averments of paragraph 2 of the petition are
admitted,but it is averred that it has no relevance to the instant
proceeding nor to the sale of the property.
3.The averments of paragraph 3 are admitted.However
the Order of the Court of Common Pleas of Washington County,
Pennsylvania,Orphans'Court Division,authorizing the Administrator to
retain separate counsel was allegedly the subject of an appeal to the
Supreme Court of Pennsylvania.The Supreme Court of Pennsylvania
•
quashed the appeal a~d placed the costs thereof upon the appellant,
Anthony L.Marino.
4.The ave rments of paragraph 4 are admitted.
5.The averments of paragraph 5 are admitted;however,
it is believed and therefore averred that the only decision in the case
at No.200 March Term,1969,was that the appeal was quashed and that
no other decision was made and no other order relevant to the instant
proceeding.
6.The averments of paragraph 6 are admitted.The
Administrator believes and therefore avers that the Federal Tax status
is immaterial and irrelevant.
7.The averments of paragraph 7 are incomprehensible.
Russell Marino has been and continues to act as Administrator in this
estate.
a.The averments of paragraph 8 are denied.On the
contrary,the Administrator has acted in good faith and has kept all
parties advised regarding the pending condemnation action,but until
recently,no Petition for Viewers wa,s filed..A copy of that petition has
been mailed to the attorney for Anthony L.Marino.Under the law,
as announced in Marino Condemnation Case at No.319 July Term,1966,
A.D.,affirmed per curiam,213 Po..Super.792,the Administrator hns
the right to handle the condemnation proceeding as part of the estate.
The Federal Income Tax problem as stated in subparagraph (b)is
immaterial and irrelevant to the instant proceeding.The Administrator
will continue to act as such unless and until he is removed by your
Honornble Court.
- 2 -
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\VHEREFORE,HUSSELL 1\~ARINOJ Administrator,
respectfully pruys your Honoruble Court to deny u hearing on this
petition.to deny ::my stay of sale,to deny awarding of the real estate
in kind to Anthony L.Marino and to permit the Administrator to act as
Administrator in the inst::mt estate.Furthermore,the Administrator
avers that the portion of the petition to dismiss the citation for contempt
is irrelevant and not properly before your Honorable Court.
lsi Thorons J.Terputac
Thomas J.Terputac
-3-
.\Personally appeared before me~the underslgned
,•
COl\-1MONWEALTH OF'PENNSYLVANIA
COUNTY OF WASHINGTON
)
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)
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(SEAL)
authority~RUSSELL lVIARINO~Administrator of the Est~te of G~briele
E.Marino,a/k/2 G.E.Marino,deceased~who~being duly sworn
according to law~deposes and s~ys that the fact S set forth in the
foregoing Answer to Petition are true and correct upon his knowledge~
information and belief.
I sf TIuDccll 1'IFarino
Russell Marino
Sworn to and subscribed
before me this lOth day
of December~1970.
!sl Anna l\1oe PaGcoe
Notary Public
•
•
JUDGE'S CHAMBERS
ORPHANS'COURT
TENTH JUDICIAL DISTRICT OF PENNSYLVANIA
CHARLES D.COPELAND,PRESIDENT JUDGE
GREENSBURG,PENNSYLVANIA 15601
December 7,1970 DEC 9 1970
Ed\<Tard Munce
Attorney at Law
118 North Office Bldg.
~.O.Box 3265
Harrisburg,Penna.17120
Dear Mr.Munce:
Re:Estate of GABRIELE E.-lfillRINO,
aI/die G.E.MARINO,Decld.
I received your letter in the estate of Gabriele E.
Marino today in which you are petitioning for Stay of Sale and
Award of Real Estate in Kind;for Replacement of Administrator;
and for Dismissal of Citation.
Please be advised that I will hear any argument you
have on your petition at 1:30 P.M.on December 10,1970,at the
Orphans'Court Room,Court House,Washington,Pa.
If you should be unable to attend,please see that
your client employs local counsel.
Sincerely yours,
.>(f-cr.(.,e~/SJ,'~£~fJJ/L:c:(.{..:C--'
Charles D.Copeland,f
President JUdge.
CDC/nb
Ex H {BIT HE"
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IN THE COURT OF CO~~:ON PLEAS
OF WASHINGTON CO~~Y,PENNSYLVANIA,ORP}ffiNS COURT DIVISIO~
In·Re:Estate of
GABRIELJ.£E.MARINO,)
alias dictus G.E.
l~RINO,Deceased.(
No.
ORDER OF CO"i.TRT
AND NOW,to wit:This I (,.I day of Dacembe:r,
1970,a Petition for Stay of Sale,Award of Real
Estate in Kind,Replacement of Administrator and
for Dismissal of a Citation against Anthony L.
Marino has been filed and Hearing set for December 10,
"1970 at 1:30 P.M.and no one appearine at the Hearing
on behalf of Anthony L.Marino,the Petitioner,
IT IS ORDERED A1m DECREED that the Petition
as relating to the Stay of Sale,Award of Real Estate
in Kind and Replacement of Administrator is dismissed
and,
IT IS FURTHER ORDERED that the Citation
for Criminal Contempt heretofore issued and directed
to Anthony L.Marino in the above case is hereby
dismissed.
5'I C.-;l~(';·j,.:-;)»,(:.")/<:-/;'/l J
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Specially Presiding JUdge
.Attest:
5 j .jb h//rJ ,\/,)3,7-),)1,,1 J
CIerk
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CERTIFICATE OF SERVICE
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I hereby certify that a true and correct copy of
the within PETITION TO PREVENT ENCUMBRANCE AND TO SET ASIDE
AWARD OF REAL ESTAT~was duly served this 22nd day of
December 1970 upon each of the following:
The Honorable Charles D.Copeland
President Judge
Orphans'Court Division
Courthouse
Greensburg,Pennsylvania 15601
Thomas J.Terputac,Esq.
Washington Trust Building
Washington,Pennsylvania 15301
Patsy V.Marino
504 Beau Street
Washington,Pennsylvania 15301
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Edward Munce
Counsel for Petitioner
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IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
No.1 Partition of 1966
In re:
Estate of
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GABRIELE E.MARINO,
.also known as
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PETITION TO PREVENT ENCUMBRANCE AND
TO SET ASIDE AWARD OF REAL ESTATE
•
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EDWARD MUNCE
Counselor and Attorney at Law
118 North Office Building
P.O.Box 3265
Harrisburg,Pennsylvania 17120
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The Supreme Court of Pennsylvania,
Western District
ss:
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The Commonwealth of Pennsylvania
TO THE JUDGES 0/the COURT OF COMMON PLEAS,ORPHANS'COURT for the County of WASHlliGTON
DIVISION
GREETING:We being willing for certain causes to be certified of the matter of the appeal of
ANTHONY L.MARINO
from order of your said Court of December 10,1970,at No.1 in Partition of 1966;Re ESTATE OF
GABRIEL E.MARINO,also knm·m as G.E.MARTIrO,deceased,
~-..~"-,'-',-.::--,,',iI •J •_
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before you,or some of you,depending,DO COMMAND YOU that the record and proceedings aforesaid,with all th~~<,":---''f;:/;:"0--';"-i
touching the same,before the Justices of our Supreme Court of Pennsylvania,at Pittsburgh,in and for the Western I ,!-
District,on the third Monday of March 1971 ,so full and entire as in your
Court before you they remain,you certify and send,together with this Writ,that vye may further cause to be done t",
thereupon that which of right and according to the laws of the said State ought.'.-
Witness HON.JOHN C.BELL,JR.,Doctor of Laws,Chief Justice of our said Supreme
Court the 11th day of January ,r'.II in the Year..,af our~ord
,t~~'t:'\\"~'===t:J
one thousand nine hundred and seventy-one.rl,,~"}I),J f'::;J <Y~!::j~l,v"\:-,,-/~-"JV~-J ~
Deputy PROTHONOTARY
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To the Honorable the Justices of the Supreme Court of the Commonwealth of Pennsylvania,sitting in and
for the Western District:
Th2 record and process,and all things touching the same,so full and entire as before us they remain,we
certify and send,as within we are commanded.
,\
............................................................................................................................................................................................................................................LL.S,J
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NOTE-Rule h:\requires appellant.immediately upon entel'ing his appeal,to serve notice thereof on the opposite party
or his counsel and to file promptly in the Court below proof of the service of such notice.
ESTATE OF GABRIEL E,MARINO,etc,1 Partition,1966
No.XUlfi~XXS
(Number in court below)
To Appellee or his Counsel:
January 11,1971Youareherebynotifiedthaton _
an appeal was taken to the Supreme Court of Pennsylvania in the above
March Term,19 71,by _
list for the Week of
enti tIed case at No.87
___A_n_th_o_n.;;,.y_L_,_M_a_r_i_n_o and that this appeal wi.ll be on the
March 15,1971,at Pittsburgh,Pa.
Edward Munce
AttorneYJ for Appellant.
1~8 North Office Bldg.
PlOt Box 3265
Harrisburg,Pa.17120
____J_a_n_u_a_r~y_l_8~,1971,Service of the foregoing notice is
hereby accepted.~)~
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FILE IN COURT BELOW
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No.1 Partition,1966
(Number in court below)
Notice of Appeal and
Acceptance of Service.
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RULE 43.Immediately upon entering his appeal,appellant shall serve notice thereof on the opposite party or his
counsel;on the stenographer who took the testimony,if the official transcript thereof has not !been filed;also on the
judge who made any r:u:ling or entered any order,judgment or decree,of which appellant complains and the reasons for
which do not already appear of record;and shall promptly file in the court below proof of the service of such notices.
A failure to comply with this rule and promptly to serve notice on the court below,with a concise statement of the
matters complained of and regarding which it is alleged the reasons therefor do not appear of record,may be considered
as a waiver of all objections to the ruling,order,jUdgment or decree in question.On receipt of the notice here required,
the OfIicial stenographer shall forthwith proceed to have his notes transcribed,approved and filed,and the court below
shall forthwith file of record at l'east a brief statement,in the form of an opinion,of the reasons for the ruling,order,
judgment or decree therein referred to,or shall specify in writing the place in the record where such reasons may be
found,and this opinion or writing shall be attached to the record and printed as part thereof.
IN RE:Estate of
GABRIEL E.MARINO,
also known as
G.E.MARINO,dec'eased
No.1 Partition,~1966.
(Number in Court Below)
)
To H bl Charles D.Copeland,P.J.onora e _
"3PursuanttoRule~,printed above,you are hereby notified that
on January 11,1971 an appeal was taken to the Supreme Court of
Pennsylvania in the above entitled case at No.87 March Term,1971 by
_....;A~n.....tLJ-bu.oLln.....y'f__:.L~.-=:M~aur~iwn""'ol.L__,and that appe11ant c omp 1 ains 0 f the
following matters,the reasons for which do not appear of record:
{a)Award of estate real estate to Russell Marino,in great prejUdice
of the estate and of Anthony Marino;and (b)Dismissal,without opportuni
for evidentiary hearing,of appellant's Petition for Stay of Sale,
Award of real estate in kind,and Replacement of Administrator.~M&&-toa-
Attorney for Appellant.
To,_
__________,Service
~"t1-")rq 7(
of the foregoing notice is hereby accepted.
P.J.
~3
Pursuant to rule ~,printed above,you are hereby notified that
on JRnuary 11,1971,an appeal was taken to the Supreme Court of
Pennsylvania in the above entitled case at No.87 March Term,19 71 by
Anthony L.Marino.
Attorney for Appellant.
of the foregoing notice is hereby accepted .
c.'"''.<-.,~..~
7Y~.~erVice
.:;,.:-
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FILE IN COURT BELOW
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,
PENNSYLVANIA.
ORPHANS'COURT DIVISION
ESTATE OF
IN RE:
(;'-
)
)
)NO.1 PARTITION OF 1966
GABRIELE E.MARINO,)
a/k/a G.E.MARINO,)
)
Deceased.)
ANSWER TO PETITION TO PREVENT ENCUMBRANCE
AND TO SET ASIDE AWARD OF REAL ESTATE
AND NOW,this 30th day of December,1970,comes
RUSSELL MARINO,Administrator of the Estate of Gabriele E.Marino,
also known as G.E.Marino,deceased,by his attorney,THOMAS J.
TERPUTAC,ESQ.,and makes Answer as follows:
1.Admitted.
2.Admitted.
3.It is admitted such a letter was sent by counsel for
Anthony L.Marino,but the averments in said letter,unsubstantiated
and totally without factual or legal foundation,is conclusory and proof
thereof is demanded.
4.Admitted.
5.Admitted.
6.Admitted.
7.At this point in the Petition of the petitioner,through
oversight or negligence,the paragraphs are incorrectly numbered and
'.•-
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begin again with Paragraph 5.In any event,answers thereto will be
filed to each averment.Admitted.
8.The averments of incorrectly numbered Paragraph 6
are neither admitted nor denied for the reason that no such telegram or
copy was ever received by counsel for the administrator.
9.The averments of incorrectly numbered Paragraph 7
are admitted.
10.The averments of incorrectly numbered Paragraph 8
are denied.Legal notice of the private sale held on December 10,1970,
was given to Anthony L.Marino and his counsel in accordance with the
order of court.Petitioners accordingly had over three weeks to prepare
for the hearing and sale.The Honorable Charles D.Copeland had
advised counsel for Anthony L.Marino that he would have a full
opportunity to present his case on his petition (Exhibit C)but petitioner
Anthony L.Marino and his counsel chose not to appear and not to present
their case.This was merely another attempt in a deliberate series of
dilatory tactics to stall the administrator and to frustrate the termination
of this estate.Representatives of the Department of Transportation were
present only to aid the Court in the determination of what real property
had been taken and where the lines were located for the highway.The
averment against Mr.Andrews is another instance of unfounded accusatio s
based on unsubstantiated suspicion.
n.The averment of incorrectly numbered Paragraph 9
is admitted.
12.The averments of incorrectly numbered Paragraph
10 are denied.Again these allegations are largely repetitious of
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accusations made time and time again by Anthony L.Marino;these
averments have been denied in the past and the administrator continues
to deny them.The sale on December 10,1970,was conducted in open
court with due notice to all heirs.Anthony had the same opportunity to
bid at the sale as the other heirs had,but he chose not to do so.In the
past petitioner Anthony L.Marino had asked for the sale of this property,
but when the time came to make a bid,he failed to do so.Originally
Anthony had wanted a sale of all the property and presumably he must
have been in a position to buy it.He had never questioned the matter
of liabilities regarding the property.In any event,since that time all
federal taxes have been paid.
When the property was originally condemned by
the Commonwealth,the most valuable portion of it was taken for highway
purposes;what remains is invaluable real estate with virtually no
frontage on the main highway.
13.The averment of Paragraph 11 of the petition is
denied.Judge Copeland provided petitioner and his counsel with a full
opportunity to be heard on his petition but petitioner failed to appear or
present his case.
14.The averments of paragraph 12 are denied.All
fede ral taxes have been paid.If petitioner had appeared at the hearing on
December 10,1970,he would have had a chance to bid and would have
been apprised of all other relevant matters.
15.The averments of paragraph 13 are neither admitted
nor denied and proof thereof is demanded.Counsel for the administrator
was not informed until the actual hearing on December 10,1970,that
petitioner and his counsel would not appear.No request for a continuance
3
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was ever directed to the administrator or his counsel emanating from
any such illness.
16.The averments of paragraph 14 are denied.
Subparagraph (a)is a reiteration of unfounded charges having no bases
in law or fact.As for the award of the real estate,Anthony had as much
opportunity to bid as any other heir.He should not now be heard to
complain when he failed to appear at the sale.
WHEREFORE,Russell Marino,Administrator of the
Estate of Gabriele E.Marino,also known as G.E.Marino,deceased,
respectfully requests your Honorable Court to deny the prayers of the
petition and dismiss the same at the costs of the petitioner.
dmini~yrator
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COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF WASHINGTON )
Personally appeared before me,the undersigned
authority,RUSSELL MARINO,who,being duly sworn according to law,
deposes and says that the facts contained in the foregoing Answer are
true and correct to the best of his knowledge,information and belief.
,"CO"
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Rus ell Marino,Administrator of
the Estate of Gabriele E.Marino,
a/k/a G.E.Marino,deceased
Sworn to and subscribed
before me this 5J tiJ..day
of ~~,1970.
Notary Publi~
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N THE COURT OF COMMON PLEAlSbFWASHINGTONCOUNTY.PENN
ORPHANS'COURT DIVISION
NO.1 PARTITION OF 1966
IN RE:
ESTATE OF
GABRIELE E.MARINO.
a/k/a G.E.MARINO.
Deceased.
ANSWER TO PETITION TO
PREVENT ENCUMBRANCE AND
TO SET ASIDE AWARD OF
REAL ESTATE
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THOMAS ..J.TERPUTAC
ATTORNEY AT LAW
729 WASHINGTON TRUST BUILDING
WASHINGTON.PENNSYL..VANIA 15301
?--;;..)t:.
.~________..L__-------------
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The Supreme Court of pennSYlVania]ss:
Western District
J
The Commonwealth oj Pennsylvania
DIVISION
TO THE JUDGES of the COURT OF COMMON PLEAS,ORPHANS I COURT I for the County 0/WASHINGTON
GREETING:WH:EREAS,by virtue of our Writ of Certiol'ari at No.87 of March Term,H)71 of our Court
a record in the matter of the appeal of ANTHONY L.MARINO
from the order of December 10,197Cof your said Court at No.1 in mf Partition of~*~1~6
waR brought 'into 0111'Supreme COllrt and the said cause was thel'e so proceeded in that on the
December A.D.1971 the following decision was rendered,viz:
Decree affirmed.Appellant pay costs.
PER CURIAM
20th day of
MR.JUSTICE ROBERTS did not participate in the consideration or
decision of this case.
WHEREFORE,We hereby remit you the record aforesaid with the proceedings thereon and all things touching the
same so far as in this Court they remain,for the purpose of exec\ltion as to justice shall appertain in accordance with
the decision of our said Supreme Court as aforesaid.
,
:ty-oneo g ~p~thonOtary
~itnt55 the Honorable Jom~C.BELL,JR.,Chief Justice of our Supreme
Court,the 31st day of December
in the year of our Lord one thousand nine hundred and
WASHINGTON -ORPHANS'COURT DIV.
No.1 in Partition of:1D~1966
No.87 March Tet'm,1971
/_.~Uprtmt ~ourt
\
ESTATE OF GABRIEL E.MARINO~
ALSO KNOWN AS G.E.~ffiRINO~
DECEASED.
APPEAL OF ANTHONY L.MARINO
REMITTITUR
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
1-
IN RE:(
)
ESTATE OF (
)
GABRIELE E.MARINO,(
also known as )
G.E.MARINO,(
)
DECEASED.
No.200 MARCH TERM,1969
NO.1 'Partition of 1966
(In Court below)
'IhI
TO THE HONORABLE THE JUSTICES OF THE SUPREME COURT OF PENN SYLVAN I
CERTIORARI having been filed from your Court in the above
entitled Estate,I have prepared in accordance therewith,the
record,including Docket Entries and all original papers,for
Certification to the Supreme Court of Pennsylvania,from the
Orphans'Court Division of Washington County,Pennsylvania.
j?\.L-XB..\\M1 ~
Russell Marl no
Register of Wills and EX-Officio
Clerk of the Orphans'Court Divisi n
I
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DOCKET
•
i<~NTRIES
"
Feb.11,196f1 .....PETITION FC'R PARTITION Of'REAL ES1'A'lIr.;UNDER SECTION 73):.
OF THE FIDUCIARIES ACT OF 1949,IN HE:ESTATE OF GA~ll~IELE
E.MARINO,al.so known as G.E.MARINO,Deceased,filed
by Edward V.Sciamanno,Esq.(now deceased),on behalf of
a R D :~._..AND NOW,February 10,1966,upon presentation
of thu foregoing petition,and after consideration of the
averments of same,upon motion of E.V.Sciamanna,counsel
for such estate,
IT IS ORDERED AND DECREED
That Thursday,the lOth day of March,1966,at 1:30 o'clock
P.M.,Eastern Standard Time,in the Orphans'Court Room,
Court House,Washington,Pennsylvania,be and is hereby
designated as the time and place that the Court will sit
to receive bids of the heirs and distributees for the
said described real estate,as a whole,and to enter an
appropriate decree directing a sale to the highest bidder.
The heirs and distributees shall appear personally to
make their bids or offers,and in the event that any
distributee may not be able to appear,said person may
have present a representative who is duly authorized in
writing,signed and acknOWledged by the distributee,to
act for such and present said bids or offers in their
behalf.The highest and successful bidder shall pay,in
cash,10%of bid price at time of sale,and full balance
on delivery of deed;estate to pay for all transfer stamps;
bidder to pay all 1966 taxes but no prior taxes.
It is further ordered that at least 21 days notice of
presentation of this petition and of the time fixed for
receiving bids be given by certified mail to each of the
said distributees.Proof of the giving of such notice
shall be filed with the Court at the time fixed for
receiving bids.
P.V.Marino,one of the distributees in said estate~
has voluntarily disqualified himself from bidding at
said sale,either in person or by representative.
BY THE COURT,P.y.MAIUNO,'P.J.
•
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•
Mar.8,1966 .~-At0~JER OF RESPONDENT TO PETITION FOR PARTITION OF REAL
ESTATE,FILED BY ANTHONY L.MARINO,R.D.#3,Mechanisburg,
Penns~lvania,together with Certificate of'Service of
said Answer by certified mail,to
'.'
::onorable "T).\7.!..;:;t,lino
Run c',)11 UI::~~.l:jO
Mi S::J Teresina ,';::'"Y'ino
E.V.Sciamanna,Esq.
Mar.10,1966
;ar.10,1966
BRIEF ON BEHALF OF RE.~T)0l;DENT,ANTHONY L.MARINO,ESQ.,
FILFr').
c .~t.R GRANTING CONTINUAN CE c
HAND NOW,I·larch 10,1966,request for con\.;inuance is granted,
Respondent having filed of record an Answer wherein he
petitions,inter alia,that this court grant a change of
venue in the subject estate.
The hearing,auction and sale set for today in this oourt
are continued to wednesday,March 30,1966,at 2:00 o'clock
P.M.,Eastern Standard Time,in the Orphans'Court Room,
I
Court House,washington,Pennsylvania;all other conditions
of sale to remain unchanged.
This court will consider the matter of request for change
of venue upon compliance with provisions of Section 2 of
Act of March 30,1875,P.L.35,12 Purdon statutes,112,
"after reasonable notice thereof having been given to the
opposite party"or parties,or their attorneys.
BY THE COURT,
P.V.MARINO,
P.J.n
SERVICE of ANSWER,by certified
75th street,Brooklyn,New York,
i,ar.10,1966 --SUPPLEMENTAL CERTIFICATE OF
mail to RALPH MARINO,1022
filed by A~thony L.Marino •
•·~ar.11,1966 --AFFIDAVIT OF SERVICE FlIE D BY EDWARD V.SCIAMANNA,ESQ.,
as to service of Certified copy of Petition for Partition
of ~eal Estate and Order dated February 10,1966,upon
ANTHONY L.MARINO,R.D.#3,Mechanicsburg,Pa.,by certified
mail,with return receipt.
ACKNOWLEDGMENT OF SERVICE of Presentation of ~etition for
Partition of Real Estate at No.1 Partition of 1966 filed
by RALPH MARINO,RUSSELL MARINO,TERESINA MARINO and
P.VINCENT MARINO.
°R D E R
nMARCH 11,1966,within Affidavit of Service is ordered filed.
BY THE COURT,P.V.MARINO,P.J.1t
• •
"
,Mar.29,1966 --MOTION FOR CONTINUANCE filed by Anthony L.Marino,
by his Attorney,George B.stegenga,Esq.
OR::ER.
n_'..KD NOW,this 29 day of Harch,1966,upon consfderation
of the within Motion,the aforesaid matter is hereby
continued until the 21 day of April,at 2:00 P.M.;all
conditions of sale to remain unchanged.
BY THE couwr,
';'•V•i-LARI NO,P.J.It
April 21,1966 --HEA~lNG ON PETITION FOR PARTITION OF REAL ESTAT~
Before:THE HONORABLE ALEXANDER R.CURRAN,Judg~of
Common Pleas Court of Washington County,
specially presiding
On:Thursday,April 21,1966,at 2:00 P.M.,EST
wi th the following appearanc"es:
GEOR GE B.STEGENGA,ESQ.,of Washington,Penna.,
representing Anthony L.Marino,Respondent.
EDWARD V.SCIAMANNA,ESQ.,of Washington,Penna.,
representing the accountant,--FILED.
"The foregoing record of the proceedings upon the hearing
of the above cause is hereby approved and directed to be
filed.BY THE COURT,
ALEXANDER R.CURRAN,
Specially Presiding.It
April 26,1966 DECREE AND ORDER
•• ••••• ••
After a full and delib'erate consideration of all the facts
and circumstances of this case,the court finds that no
valid reason has been established warranting the jUdge to
disqualify himself upon the request of any party in interest.
However,there may be other reasons sufficient to satisfy
the court that in the interests of justice to himself,to
counsel,and to the litigants,it would be appropriate to
call upon another judge to hear the matter.Although the
circumstances of a case may not actuRl]y require the dis-
qualification of a judge for bias or prejudice,yet in
order that courts may as nearly as possible be above
suspicion,it may be proper and desirable that the judge
dliqualify himself to dispel any remote imputation that the
parties may not be receiving absolute and impartial justice.
'·3-
••
~He may do so without flinching from his sworn duty.Hence
this judge will step aside and ask a fellow judge to take
his place,retaining,however,jurisdiction of the matter
of contempt of this court.
AND NOW,'APRIL 26,1966,the court makes the following Decree
and Order:
(
This court has been cont3mned and exposed to pUblic ridicule
its dignity and suthority have been flouted.Respondent is
cited for direct criminal contempt of this court;an attach-
ment will issue at the c9nclusion of the matters at hand,
rather than immediately,since respondent 1S a party to these
proceedings and his interested therein would possibly be
prejudiced by immediate action by the court:See Levine
Contempt,372 Pa.612,619;qacher v.United States,343 U.S.l.
BY THE COURT,
.P.V.MARINO,
P.J."
July 11,19bb -CONTINUED HEARING ON PETITION FOR PARTITION OF REAL ESTATE ~
Before:THE HONORABLE CHARLES D.COPELAND,President
Judge of the Orphans'Court of Westmoreland County,
specially presiding~
With the following appearances:
EDWARD V.SCIAMANNA,ESQ.,of Washington,Pennsyl-
vania,representing the Accountant,
MILES WARNER,ESQ.,of Philadelphia,Pennsylvania,
representing Anthony L.Marino,heir
On MONDAY,JULY 11,1966,at 10:00 A.M.,EDST.,FILED.
"The foregoing record of the proceedings upon the hearing
of the above cause is hereby approved and directed to be
filed.
BY THE COURT,
CHARLES D.COPELAND
Special]y Presiding.It
July 11,1966 -o R D E R
AND NOW,July'll,1966,an Answer having been filed
to the Petition for Partition under Section 743 of the
"'iduciaries Act of 1949,and after hearing on the same,
.IT IS ORDERED AND DECREED
that Monday,the 12th day of September,1966,at 10:00
j1clock A.M.,Eastern Daylight Savings Time,in the Orphans'
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May 23,196'3 --
Nov.27,1968 --
Court Room,Court House,Washington,Pennsylvania,be
and is hereby designated as the time and place that
the Court will sit to receive bids of the heirs and
distributees for the said described real estate,as a
whole,and to enter an appropriate decree directing
a sme to the highest bidder.The heirs and distributees
shall appear personally to make their bids or offers,
and in the event that any distributee may not be able to
appear,said person may have present a representative ~o is
duly authorized in writing,signed and acknowledged by the
distributee,to act for such and present said bids or
offers in their behalf.The highest and successful bidder
shall pay,in cash,10%of bid price at time of sale,and
full balance on delivery of deed;estate to pay for all
transfer stamps;bidder to pay all 1966 taxes but no prior
taxes.
It is further ordered that at least 21 days notice
0f presentation of this petition and of the time fixed
~or receiving bids be given by certified mail to each
0f the said distributees.Proof of the giving of such
notice shall be file d wi th the Court at the time fixed
Presiding.for racei..vinp.bids.BY THE OOURT,CHARLES D.COPELAND,Specially /
OJUjER OF COURT·
AND NOW,to wit:this 6th day of'septem6er,1966,ror cause .shown the
he.aring and sale scheduled in the above ca~e for SePtembe~.211462,.i8herebycontinuedsinedieuntilfurtherorder-of CourtiC ~n.uuJPELANDAttest:Josephine M.DouglasbC1~r~;~r~Special y esiding udge
AND NOW,May 23,1968,it is ordered and directed
that the ~dministrator of the Estate of Gabriele E.
Marino,also known as G.E.Marino,post additional
security to bring up to $15,000.00 the Administrator's
Bond.
BY THE COURT,
CHARLES D.COPELAND
Specially Presiding.
ORD::q'--
AND NOW,NOVEMBER 27,1968,upon motion of Thomas
Terputac,counsel for such estate,
IT IS ORDERED AND DECREED
that Monday,the 30th day of December,1968 at 1:30
o'clock P.M.,Eastern standard Time,in the Orphans'
Court Room,Court House,Washington,Pennsylvania,
be and is hereby d esignated as the time and place
••
that the Court will sit to receive oral bids of the heirs and
distributees for the said described real estate,as a whole,
and to enter an appropriate decree directing a sale to the
highest bidder.The heirs and distributees shall appear
personally to make their bids or offers,and in the event
that any distributee may nO.t be able to appear,said person
may have present a representative who is duly authorized in
writing,signed and acknowledged by the distributee,to act for
such and present said bids or offer'3 in their behalf.The
highest and successful bidder shall pay,in cash,10%of bid
price at time of sale,and full balance on delivery
of deed;estate to pay for all trm sfer stamps;bidder to pay
all 1969 real estate taxes but no prior taxes.
It is further ordered that at least 21 days notice of pre-
sentation of this petition and of the time fixed for receiving
bids be given by certified mail to each of the said distributees.
Proof of the giving of such notice shall be filed with the
Court at the time fixed for receiving bids.
BY THE COURT,
CHARIE S D.CO PELAND
Charles D.Copeland,P.J.
Specially Presiding.
Dec.20,1968 --o R D E R
AND NOW,December 20,1968,it app·earing to the Court that
there is a proposed condemnation of a portion of the tract
of land which was proposed to be sold by the Orphans'Court
on December 20,1968,and it is very difficult to determine
the amount which should be bid for said property for reason
of such condemnation,
IT IS ORDERED AND DECREED--that the sale of the property
now fixed for December 20,1968,is hereby stayed and con-
tinued until -the condemnation proceeding effecting the same
is finally settled,. :
Notice of future sale shall be given to heirs when the time
for such sale is set.
BY THE COURT:
CHARLES D.COPELAND
Charles,p.Copeland,P.J.
Specially Presiding.
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,
March 18,1969 --
Apr.9,1969 -_.
PETITION FOR AUTHORITY TO RETAIN SEPARATE COUNSEL FOR
TRIAL OF CONDEMNATION CASE,filed by Thomas J.Terputac,.
Esq.,on behalf of Russell Marino,Administrator of
the Estate of Gabriele E.Marino,deceased.
o R D E R
AND NO;I,MARCH 18,1969,upon consideration of the
within petition,Russell Marino,Administrator of
the Estate of G.E.Marino,deceased,is hereby
authorized to retain separate counsel who shall handle
the condemnation case referred to in the foregoing Petition,
provided,however,that the contract retaining said counsel
on a contingent fee basis shall provide for fees not in
excess of those set forth for similar services in the most
recent Minimum Fee Bill of the Washington County Bar.
Association now in effect.
BY THE COURT,
CHARLES D.COPELAND,P.J.
S~cially Presiding
o R D E R
AND NOW,APRIL 9,1969,upon motion of Thomas J.Terputac,
counsel for such estate,
IT IS ORDE:1ED AN D DECR.8ED
that Monday,the 12th day of May,J.969,at 1:30 o'clock
P.M.,Eastern Daylight Saving Time,in the Orphans'Court
Room,Court House,Washington,Pa.,be and is hereby des-
·ignated as the time and place that the Court will sit to
receive oral bids of the heirs and distributees for the
said described real estate,as a whole,subject to 8l~
appropriations as set forth in original petition,and also
to last appropriation of Pennsylvania Department of High-
ways of January 10,1969,at No.41 January Term,1969,
in the Court of Common Pleas of Washington County,Pennsy1-
vania,of about two En d one-half acres;and to enter an
appropriate decree directing a sale to the highest bidder.
The heirs and distributees shall appear personally to
make ·their bids or offers,and in the event that any
distributee may not be able to appear,said person may have
a representative who is duly authorized in writing,signed
and acknOWledged by t he distributee,to a ct for such and
-7 -
••
present said bids or offers in their behalf.The highest.
and successful bidder shall pay,in cash,10%of bid price
at time of sale,and full balance on delivery of deed;estate
to pay for all transfer stamps;bidder to pay all 1969 real
estal".e t axes but no prior taxes.
It is further ordered that at least 21 days notice of
~')resentation of this petition and of the time fixed for
receiving bids be given by certified mail to each of the
said distributees.Proof of the giving of such notice shall.
be filed with the Court at the time fixed for receiving bids.
~:'?'~1~~COURT,
CIH,rn .~.0 D.COFE LAND
CLarlis D.Copeland,P.J.
Specially Presiding.
April 29,19f-.S'...-'~~HTIORARI from the Supremo ;ourt of Pennsylvaniae
T':estern District of Pennsylvania,IN RE:APPEAL OF ANTHONY
L.MARINO from the order of March 18,1969,of your said
Court at No.1 Partition of 1966;ESTATE OF GABRIEL E.
MARINO,also known as G.E.MARINO,deceased.dated April 29,
1969,filed to No.200 March Term,1969,Returnable the
last Monday of September,A.D.1969,FlIED.Edward Munce"
Attorney for Appellant •
.,ay f,1969,--:'TOTICE OF APPEAL /IN D ACCEPTANCE OF SERVICE FIlE D.,
T~Honorable Charles D.Copeland,P.J~
Pursuant to Rule 63,printed above,you are hereby
notified that on April 29,1969,an appeal was taken
to the Supreme Court of Pennsylvania in the above entitled
case at No.200 March Term,1969 by Anthony L.Marino,
which will be listed for argument at the session
commencing in Pittsburgh on September 29,1969.
Edward Munce
Edward Munce,Attorney for Appellant
May 5,1969,Service of the foregoing notice is hereby
accepted.
Charles D.Copeland,P.J.
Specially Presiding.
To JACQUELINE HAMMOND,Stenographer:
Pursuant to Rule 63,printed above,you are hereby notified
that on April 29,1969 an appeal was taken to the Supreme
Court of Pennsylvania in the above entitled case at No.200
March Term 1969 by Anthony L.Marino,which will be listed
for argument at the session commencing September 29,1969,
in Pittsburgh.
Edward Munce
Edward Munce,Attorney for Appellant
May 6,1969 Service of the foregoing notice is hereby accepted.
Jacqueline Hammond.
- 8 -
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11ay 6,1969 _..Pt..TITION'FOR STAY filed on behalf of Anthony L.Marino,
by Edward Munce,Esq.,P.O.Box )265,Harrisburg,Pa.,
17120.
C~RTIFICATE OF SERVICE filed by Anthony L.Marino for
certified mail to Teresina Marino~
Russell Marino,
Ralph Marino,
Hon.Patsy V.Marino and
Thomas J.Terputac,Esq.,
of PE1:TJ:'ION FOR STAY,above.
May 9,1969 --NOTICE OF APPEAL AND ACCEPTANCE OF SERVICE in re
Appeal at No.200 March Term,1969,by Anthony L.Marino,
by Edward Munce,Attorney for Appellant,filed.
May 9,1969,Service of th~foregoing notice is
hereby accepted..
'rhos.J.Terputac,
May 9,1969 --."ertified copy of the Record in the Supreme Court
of Pennsylvania,at No.200 March Term,1969,dated
May 9,19A9
llApril 29,1969,Petition for Supersedeas,filed ..
('RD 1£R
'ti tion granted
..,~r Cu~j ::.11 tt
May 1969 jertifLed Mail Ret~rn Receipt cards as follows,by Edward'.unce,~sq.,-
Card No·hailed To Items Mailed
461597
461598
1161599
j'.61600
g"r1966
1.61622
Teresina Marino Petition for Supersedeas
Russell Marino Petition for Supe rsedeas
Ral ph Marino Petition for SUp ersedeas
Hon.Patsy V.Marino Petition for Supersedeas
Thomas J.Terputac,t!:sq.-Petition for Supersedeas
Hon.Charles D.Cope1and -Petition for Supersedeas
Certiorari
Petition for Stay
Notice of Appeal filed
':-61623
J.j.61624
46162$
461626
Thomas J.Terputac,Esq.
Hon.Patsy V.Marino
Teresina Marino
Russell Marino
Petition for stay
Notice of Appeal filed
Praecipe for Appearance
Petition'for qtay
Notice of Appeal filed
Petition for stay
Notice of Appeal filed
P~tition for Stay
Notice of Appeal filed
* -These two Return Receipt
*461627 Ralph Marino Petition for Stay
Notice of Appeal filed
cards have not yet been returned.
9 -
••••.'
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
INRE:
Estate of
GABRIELE E.MARINO,
also known as
G.E.MARINO,
Deceased.
(
)
(
)
(
)
(
)
(
No.1 Partition of 1966.
PETITION FOR PARTITION OF REAL ESTATE
UNDER SECTION 734 OF THE FIDUCIARIES ACT OF 1949
TO THE HONORABLE P.V.MARINO,PRESIDENT JUDGE OF SAID COUR":
The Petition of Russell Marino,Administrator,respectfully
represents:
1.That your Petitioner is the duly appointed and acting
Administrator of the Estate of the above named decedent who died intestate
on October 6,1961.
2.That the decedent was the owner of only one tract of real
property,said real property being situate in South Strabane Township,
Washington County,Pennsylvania.
3.That the heirs at law and distributees in the said estate,
all of whom are of mature years and sui juris,are as follows:
Teresina Marino,sister,34 Highland Avenue,Washington,Pennsylvania;
Ralph Marino,brother,Brooklyn,New York;
P.V.Marino,brother,504 East Beau Street,Washington,Pennsylvania;
Anthony Marino,brother,R.D.#3,Mechanicsburg,Pennsylvania;
Russell Marino,brother,34 Highland Avenue,Washington,Pennsylvania.
4.That all known debts and obligations of the decedent have
been paid in full,with the exception of certain administration expenses,
expenses incident to final distribution,and possible Federal income taxes
•••~...•
due by the fiduciary if there appear to be capital gains in connection with
this proposed sale as well as in the matter of the State Highway appropriatio
for road purposes.
5.That all of the heirs at law and distributees have indicated
their desire not to take the said real estate in kind in undivided interests,
but rather have requested your petitioner to invoke the authority of your
Honorable Court under Section 734 of the Fiduciaries Act of 1949,as
amended,to direct a sale of such real estate,with the bidding to be
restricted and limited to the said heirs at law and distributees.
6.The said real estate,owned by decedent,and which is the
subject of this petition,is described as follows:
ALL that certain tract of land situate in South Strabane
Township,Washington County,Pennsylvania,bounded by lands
ofR.N.Carrons,the National Pike (U.S.Rt.40),lands of
Sherman "Walters,and Plymire Brothers.Containing 12.81
acres,according to survey of William G.Wylie,C.E.,dated
April 6,1933.
Subject,however,to pipe line rights of way and excepting
and reserving the Pittsburgh Vein of coal with mining rights as
set forth in prior conveyances;subject also to oil and gas lease.
Having erected on said tract of land a two -story frame building
containing service station rooms,restaurant rooms and an
apartment.Subj ect also to three condemnations of land by the
Commonwealth of Pennsylvania for State highway purposes.For
complete land description,see Deed Book Volume 597,page 57,
Washington County records.The present remaining surface
area,as shown by State highway maps used in recent condemnation
of land,indicates a surface area of 6.7524 acres of surface;the
said surface land is divided into two or more separate tracts.
7.That the inventory filed in this estate shows the said real
property to be valued at the sum of $3500.00,and said real estate is
currently assessed for tax purposes at $1810.00.
WHEREFORE,your Petitioner respectfully prays your
Honorable Court for an order fixing the time and place to receive the bids
of said heirs and distributees,directing what notice shall be given of such
-2-
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hearing,and after such hearing,for a further order directing your
Petitioner to execute and deliver a proper deed conveying to the successful
bidder,all the right,title and interest of said decedent in and to the real
estate hereinbefore described.
And he will ever pray,etc.
l=?~1\AM.~,~.
\Administrator
COMMONWEALTH OF PENNSYLVANIA ()ss:
COUNTY OF WASHINGTON (
Before me,the undersigned authority,personally appeared
Russell Marino,Administrator of the Estate of Gabriele E.Marino,also
known as G.E.Marino,Deceased,who,being first duly sworn according
to law,deposes and says that the allegations of fact set forth in the
foregoing petition are true and correct as he verily believes.
~~It uA~,eJ..-,
Sworn to and subscribed before me
this .LIp/...day of February,1966.
"•.'•
Thf THE ORPHANS'COURT OF WASHThfGTON COUNTY,PENNSYLVANIA
InRe:
Estate of
GABRIELE E.MARThfO,
also known as
G.E.MARINO,
Deceased.
(
)
(
)
(
)
(
)
(
ORDER
No.1 Partition of 1966
AND NOW,February ~1966,upon presentation of the
foregoing petition,and after consideration of the averments of same,upon
motion of E.V.Sciamanna,counsel for such estate,
IT ill ORDERED AND DECREED
that Thursday,the 10th day of March,1966,at 1:30 o'clock P.M.,Eastern
Standard Time,in the Orphans l Court Room,Court House,Washington,
Pennsylvania,be and is hereby designated as the time and place that the
Court will sit to receive bids of the heirs and distributees for the said
described real estate,as a whole,and to enter an appropriate decree
directing a sale to the highest bidder.The heirs and distributees shall
appear personally to make their bids or offers,and in the event that any
'distributee may not be able to appear,said person may have present a
representative who is duly authorized in writing,signed and acknowledged
by the distributee,to act for such and present said bids or offers in their
behalf.The highest and successful bidder shall pay,in cash,10%of bid
price at time of sale,and full balance on delivery of deed;estate to pay
for all transfer stamps;bidder to pay all 1966 taxes but no prior taxes.
,.•~,",....•.,
It is further ordered that at least 21 days notice of presentation
of this petition and of the time fixed for receiving bids be given by certified
mail to each of the said distributees.Proof of the giving of such notice
shall be filed with the Court at the time fixed for receiving bids.
P.V.Marino,one of the distributees in said estate,has
voluntarily disqualified himself from bidding at said sale,either in person
or by representative.
.J.
I Y ,"
:-.• I •.II T _,'-_"__,"0-0'"',_<II
I
,-~IkIT .L1I t.1It,;\JJ.}'11a.1I~\JVU.L t.V.1.
1°",.;.~',IvvashingtonCounty,Pennsylvania
No.1 Partition of 1965
In Re:
Estate of
1 --,I
I
".:.GABRIELE E.MARINO,
als0 known as
G.E.MARINO,
Deceased.
PETITION FOR PARTITION OF
REAL ESTATE UNDER SECTION
734 OF THE FIDUCIARIES ACT
OF 1949 AND ORDER
.4
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••
.~
"
~
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'{)'\)::"~YK\·~
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,
,
EDWARD V.SCIA..'rA~~A
ATTORNEY AT LA'\v
WASHINGTON TRUST BUILDING
WASHINGTO~,PENNSYLVA~I~
.~~q.-.;:;;.c'S :{
___J .:..'...j __...--
j
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'..'..
IN THE ORPHANS'COURT OF WA SHINGTON COUNTY,PENNSYLVANIA
IN RE:
Estate of
GABRIELE E.HARINO,
a 1so known as
G.E.MARINO,
Deceased.
NO.1 PARTITION of 1966.
ANSWER OF RESPONDENT
TO PETITION FOR PARTITION OF REAL ESTATE
TO THE HONORABLE,PATSY V.MARINO,PRE SIDE NT JUDGE OF SA ID COURT:
COMES NOW,Anthony L.Marino,(hereinafter,Respondent)
and files this Answer to Petition for Partition of Real Estate,
and in support thereof respectfully represents:
1.Denied.The Petitioner was not duly appointed,and
is not duly acting as Administrator in the above-captioned estate.
For further answer,see paragraphs 4,5,and lL below.
L.Denied.Said decedent also died seized of real
estate situate in the State of Florida,and said Administrator
has used funds of the subject estate to pay taxes on said Florida
rea Ity.
3.Admitted.
4.Denied as stated.Said Administrator,though having
ample funds of this estate in his hands to report and pay any
income tax owing by the deceased's estate,failed to file any re-
turn or to report or pay any Federal income tax return.He also
•.",\•
failed to make timely report and payment of the Pennsylvania
Inheritance taxes,but paid some at penalty,and still owes some
at further penalty,despite the re-award to him at the first and
partial account of more than $12,000.00 for the payment of these
items.
5.Denied as stated.If the property is exposed to th
sale proposed by the Petitioner,it would be to the prejudice of
Respondent herein because Respondent would not be on an equal
footing to bid,since the Administrator did not pay and discharge
the Inheritance Tax and Income Tax charges (though having had the
money to do so),and he is under only $2,000.00 bond,which is
entirely inadequate for the protection of Respondent herein,for
said Respondent,in order to bid,would have to risk assuming the
obligation of paying charges which the Administrator has failed
to clear,though he was provided with the funds to do so.
6.Admitted.
7.Admitted.But Respondent makes the following
additional averments as
NEW MATTER
8.The above-named Judge,Patsy V.Marino,is the
President Judge and sole judge of the subject Orphans'Court,and
is the same Patsy V.Marino who is an heir and distributee in this
estate and who has been sitting in judgment on matters in this
estate directly involving his pecuniary interest as such heir and
distributee,all of which is against the law in such case made and
provided.
,•
I W ~'\
•
9.Said Judge has,for more than thirty years,mani-
fested a settled prejudice in favor of Russell Marino,Administra
tor,and youngest brother herein,and against the Respondent
herein.Particularization thereof,though not furnished at this
posture of this proceeding,is available to said judge upon
request.
10.E.V.Sciamanna,Esq.,counsel for the Administrato
herein,during all times pertinent to this estate proceeding,has
shared in operating the judge's law offices,was appointed by the
judge and has been serving as a paid officer of the Orphans'Cour
in the above-styled estate proceeding,and was therefore disquali
fied to serve in said court as counsel to the Administrator in
this proceeding.
11.Said judge,asserting authority to do so,and with-
out any notice to the Respondent herein,removed the contents of
the deceased's safety deposit box in the Washington Branch of the
Pittsburgh National Bank,and has never furnished Respondent a
list of said contents.
12.Said Administrator,though he has sometimes had
more than $40,000.00 of this estate's funds for extended periods
of time,has failed to report any earnings on said ~unds,and in
such failure,and in his failure for nearly three years to file
any inventory or account,and in his failure to place adequate
bond as occasion required,was repeatedly condoned therein and in
other matters concerning this estate by the said judge.
13.This Answer is not filed for the purpose of delay
or for any other improper purpose but,on the contrary,is filed
~,•'.
•,
so that the long delayed distribution of this estate may be
properly made as promptly as possible.
WHEREFORE,the undersigned Respondent respectfully
requests:
1.That said judge's outstanding order of sale made
March 10,1966,contemporaneously with the filing of the subject
Petition for Partition,and before affording any opportunity to
Respondent for answer thereto,be vacated.
L.That said judge grant a change of venue in the
subject estate;and
3.That said judge thereafter disqualify himself from
sitting further in said estate.
Respectfully submitted,March 5th,1966.
•~
.•.
"J
,
i-t .-..\.,\
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF WA SHINGrON )
Personally appeared before me,the undersigned
authority,ANTHONY L.MARINO,who,being duly sworn according to
law,deposes and says that he is the Respondent in the foregoing
Answer,and that the facts set forth therein are true and correct
Sworn to and subscribed before
me this 5th day of March,1966.
~~~
......'.Notary Pub lic
•.•.••;I"C C..~...Wa,Shington,Wa shington County,Pennsylvania
\..'.\''.:'C .......,1'",
L.I:.~.'"~!.pt."'....~y Commi ssion Expire s :March 9th,1969.
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CERTIFICATE OF SERVICE
•.
\
.'
I hereby certify that a certified true copy of the
within ANSWER was served this ~thday of March,1966,by mailing
the same by certified mail,return receipt requested,to each of
the following:
Honorable P.V.Marino,504 East Beau Street,
Washington,Pennsylvania;
Russell Marino,34 Highland Avenue,Washington,
Pennsylvania;and
Miss Teresina Marino,34 Highland Avenue,
Washington,Pennsylvania.
E.V.Sciamanna,Esq.,222 Washington Trust Bldg.,
Washington,Pennsylvania.
I~-
/
-/.;;
IN THE ORPHA NS'COURT OF
WASHINGTON COUNTY,PENNSYLVANIA
NO.1,PARTITION OF 1966
~..
-",
;''.IN RE:
ESTATE OF
••
GABRIELE E.MARINO,
a 1so known as c
G.E.MARINO,
Deceased.
",•.1
<'
ANSWER -OF RE'SPONDENT
TO PETITION FOR PARTITION OF REAL .I
ESTATE
---
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A.L.MARINO
R.D./13
Mechanicsburg,Pennsy1vania.
'.'
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~---"-"'-=--._;..:.J._.
•
IN THE ORPHANS'COURT OF WA SHINGTON COUNTY,PENNSYLVANIA
IN RE:
Estate of
GABRIELE E.MARINO
a Iso known as
G.E.MARINO,
Deceased.
NO.1 PARTITION of 1966
BRIEF OF RESPONDENT
Anthony L.Marino,undersigned,by Answer filed March 8,
1966,in the above proceeding,respectfully requested of Honorable
Patsy V.Marino,the judge above-named:
1.That said jUdge's outstanding order of sale made
Fe b.10,1966,contemporaneou sly with the filing of the subject
Petition for Partition,and before affording any opportunity to
Respondent for answer thereto,be vacated.
L.That said jUdge grant a change of venue in the
subject estate;and
3.That said judge thereafter disqualify himself from
sitting further in said estate.
Said order of sale,made February 10,1966,was made
without any prior notice of any kind to the undersigned,and there
fore before any attempt was made to meet the requirements of
procedural due process therein,and said order should therefore be
vacated.
Said judge has been sitting and,notwithstanding object on,
continues to sit in judgment in the captioned estate,despite the
clear intendment of the law in such case made and provided:
•"...;.
1.As stated in 20 P.L.E.Judges,page 89:
'~ll litigants are entitled to a hearing and
determination by an impartial tribunal,and
hence no judge should preside in a case in
which he is not wholly free,disinterested,
impartial,and independent.This is the
principle which underlies the disqualification
of judges."
2.As stated in 30-A,Am.Jur.,page 72:
'~judge who is interested in a decedent's
estate is disqualified to pass on any matter
concerning the estate in which he has a direct
and substantial interest."
3.In Smith v.Gallagher,408 Pat 551,575,the
Pennsylvania Supreme Court said:
"No man,even for the accomplishment of a
great good,can be permitted to set himself
above the law,and least of all the judge
appointed to administer it."
4.In Apex Hosiery CO.V.Philadelphia County,et al.,
the Supreme Court said:
'~nder these statutes and decisions,it is
clear we have the right,without considering
what the court below could or should have
done,to direct this case to be heard by
some judge against whom no question of pre-
judgment can be urged.Ii (Emphasis added)
5.The fundamental concept of fairness above noted is
the prime requirement of the American System of jurisprudence and
of the canons of judicial Ethics of the American Bar Association.
,..,-.•
WHEREFORE,the undersigned respectfully renews his
request repeated above.
Respectfully submitted,
March 10,1966,
""
IClIIf"...-::'f
IN THE ORPHANS I COURT OF
WA SRINGTON COUNTY,PENNA.
NO.1 PARTITION of 1966
1
.
•
•
•
•
•
,
~
-------------
-----------------------------------_.
IN RE:
ESTATE OF
GABRIELE E.MARINe,
a 1so known as
G.E.MARINO,
Deceased •
-----------------------------------,
BRIEF ON BEHALF OF RESPONDENT
-----------------------------------.
L~./
i ~.
'Q \'~*~~r~N~~~~~i~~~~A.L.Marino,Esq.
~R.D.#3
Mechanicsburg,Pennsylvania.
t:f -;)('J ~7
-----~~
,
\••
ill THE ORPHANS'COURT OF WASHillGTON COUNTY,PENNSYLVANIA
ill RE:
Estate of
GABRIELE E.MARINO,
also known as
G.E.MARmO,
Deceased.
(
)
(
)
(
)
(
)
(
No.1 Partition of 1966.
ORDER GRANTmG CONTlliUANCE
And Now,March.LL,1966,request for continuance is granted,
Respondent having filed of record an Answer wherein he petitions,inter alia,
that this court grant a change of venue in the subject estate.
The hearing,auction and sale set for today in this court are
continued to Wednesday,March 30,1966,at 2:00 o'clock P.M.,Eastern
Standard Time,in the Orphans'Court Room,Court House,Washington,
Pennsylvania;all other conditions of sale to remain unchanged.
This court will consider the matter of request for change of
venue upon compliance with provisions of Section 2 of Act of March 30,1875,
P.L.35,12 Purdon Statutes 112,"after reasonable notice thereof having
been given to the opposite party"or parties,or their attorneys.
By the Court,
\
_ A
P.J.'
r~~
."
•
't
",
•
'"I
In the Orphans I Court of
Washington County,Pennsylvania
No.1 Partition of 1966
In Re:
Estate of
GABRIELE E.MARINO,
also known as
G.E.MARINO,
Deceased.
Order Granting Continuance
(Mar-ino,P.J.)
•
,.
•
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.
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ORPHAN.'COURT
WASHINGTON.PA.
"'
I,L i_....
\•.'•
IN THE ORPHANS COURT OF WA SHINGTON COUNTY,PENNSYLVANIA
IN RE:
Estate of
GABRIELE E.MARINO
a Iso known as
G.E.MARINO
Deceased.
NO.1 PARTITION of 1966
SUPPLEMENTAL CERTIFICATE OF SERVICE
I hereby certify that a certified true copy of the
within Answer was served this 8th day of March,1966,by mailing
the same by certified mail,return receipt requested,to the
following person:
Ra Iph Marino
1022 75th Street
Brooklyn,New York.
Dated:March 8,1966.
I
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•
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.........&------..-....-............"'.......""-
WA SHINGTON COUNTY,PENNSYLVANIA
NO.1 PARTITION of 1966
------------------------------------
IN RE:
Estate of
GABRIElE E.MARINO,
a 150 known as
G.E.MARINO,
Deceased.
------------------------------------
SUPPlEMEl:\lTAL
CERTIFICATE OF SERVICE
;'''..
;..)
L.Marino,Esq.,
R.D.4ft3
Mechanicsburg,Pennsylvania.
f-~oJ
1
•••
IN THE ORPHANS'COURT OF WASHINGTON COUNTI,PENNSYLVANIA
IN RE:
ESTATE OF
GABRIELE E.}~RINO,also
known as G.E.H&~INO,
Deceased.
NO.1 PARTITION of 1966.
AFFIDAVIT OF SERVICE
COHHONHEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON ~
)
S8:
,
Personally appeared before me,the undersigned
authority,EDWARD V.SCLM'ffiNNA,ESQ.,who,being duly sworn
according to law,deposes ~nd says that he is the attorney for
the above estate and that he did serve a certified copy of the
Petition for Partition of Real Estate and Order dated February 10
1966,upon Anthony L.Marino,one of the heirs and distributees,
by Certified Mail No.934310,issued by the United States Postal
Office Branch located on East Beau Street,Washington,Washington
County,Pennsylvania,on February 11,1966,with Return Receipt
Requested,at the address of said heir at R.D.#3,Mechanicsbur ,
Pennsylvania,as will appear by the Receipt attached hereto and
made a part hereof.
The law offices of Bloom,Bloom,Rosenberg and Bloom
was also supplied with a machine copy of said Petition and O~dcr.
S"tJOrn to and subscribed
before me this 'ltd day
I of ~~~,1966.
~~/l14vt?~Notary Public
MY COMMISSION EXPIr.ES r!.MC!!24,1958
OITY Of WASHINGTON,\YASHINGTON COUNTY,p~
..
.--------
ill THE ORPHANS'COURT OF WASHillGTON COUNTY,PENNSYLVANIA
ill RE:
Estate of
GABRIE LE E.MARillO,
also known as
G.E.MARINO,
Deceased.
(
)
(
)
(
)
(
)
(
No.1 Partition of 1966.
ACKNOWLEDGMENT OF SERVICE
And now,I,the undersigned,acknowledge to have received
proper and timely notice of presentation of Petition for Partition of Real
Estate in the Orphans'Court of Washington County,Pennsylvania,at
No.1 Partition of 1966,in the Estate of G.E.Marino,deceased,together
with notice of Court Order fixing time and place designated to receive bids
from heirs and distributees for said real estate and intention to enter a
decree directing sale of same to the highest bidder;and that said court
session for said purposes will be held in the said Orphans I Court,in
Washington,Pennsylvania,on Thursday,March 10,1966,at 1:30 o'clock
P.M.,Eastern Standard Time.
(Signed),Rqf Ml'/\((C~
February ~C:;,1966.
...'•
ill THE ORPHANS'COURT OF WASHillGTON COUNTY,PENNSYLVANIA
..
lNRE:
Estate of
GABRIELE E.MARlNO,
also known as
G.E.MARlNO,
,Deceased.
(
)
(
)
(
)
(
)
(
No.1 Partition of 1966.
1:
ACKN"OWLEDGMENT OF SERVICE
And now,I,the undersigned,acknowledge to have received
proper and timely notice of presentation of Petition for Partition of Real
Estate in the Orphans'Court of Washington County,Pennsylvania,at
No.1 Partition of 1966,in the Estate of G.E.Marino,deceased,together
with notice of Court Order fixing time and place designated to receive bids
from heirs and distributees for said real estate and intention to enter a
decree directing sale of same to the highest bidder;and that said court.
session for said purposes will be held in the said Orphans'Court,in
Washington,Pennsylvania,on Thursday,March 10,1966,at 1:30 o'clock
P.M.,Eastern Standard Time.
r")
(Signed)~\\.~l\}J.A,i4~\~~,
Febrt;lary t.:J ,1966..
••I
..1
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
mRE:
Estate of
GABRIELE E.MARINO,
also known as
G.E.MARINO,
Deceased.
(
)
(
)
(
)
(
)
(
No.1 Partition of 1966.
ACKNOWLEDgMENT OF SERVICE
And now,I,the undersigned,acknowledqe to have received
proper and Umely noUce of presentation of Petition for Partition of Real
Estate in the orphans'Court of Waahlnc;Jton County,Pennsylvania,at
No.1 Partition of 1966,1n the Estate of G.E.Marino,deceased,together
with noUce of Court Order fixing ttme and place dealqna.ted to receive bids
from heirs and distributee.for said real estate and IntenUon to enter a
decree directing sale of same to the highest bld.der;and that said court
session for said purposes will be held 1n the said Orphans'Court,1n
VJashlngton,Pennsylvanl!l,on Thursday,March 10,1966,at 1:50 o'clock
P.M.,Eastern Standard.Time.
(SIgned)I~.,On~
February -i!f::-,1966.
•...•
IN THE ORPHANS'COURT OF \\ASHINGTON COUNTY,PENNSYLVANIA
INRE:
Estate 01
GABRIELE E.MARINO,
also known as
G.E.MARINO,
Deceased.
(
)
(
)
(
)
(
)
(
No.1 Fartition of 1968.
ACKNQ'W J&DQM,FJiT Qf SERVJ£L.
And now,I,the underalCJlled,acknowledge to have received
proper and Umely notice of presentation of FeUtion for PartiUon of Real
Estate 1n the Orphans'Court of V.aahinQton County .~'~ennsylvanta,a.t
No.1 FarUUon of 1966,In the Estate of G.E.Marino,deceased,toqdher
with llotlee of Court Order fixing time and place atslqnated to receive bids
from heira and c.iistrtbutees tor said r-.l estate ana intention to enter a
decree dlreettnq sale of same to the hiqhest bid,oer;and that .aid court
session for said purposes Vwlll be held In the said Orphans'Court,In
V,·uhlnqton,Pennsylvania,on ThursC1ay,March 10,1966,at 1:30 o'clock
F.M.,Eastern Standard Time.
..
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~~'WARD Y·.SCIAl\lAXNA
ATTOUNEY AT LAW
\VAISHINGTON TRUST BUILDING
WA~HIN6·.roN.PENNSYJ,VA~IA
P L--:~;'q-_..d?('_'2
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•-..•
IN THE ORPHANS'COURT OF WASHINGTON COUNTY~PENNSYLVANIA
IN RE:
ESTATE OF:
GABRIELE E.MARINO"
also known as
G.E.MARINO,
Deceased.
}
)
)
)
}NO.1 Partition of 1966
)
)
)
)
MOTION FOR CONTINUANCE
AND NOW comes ANTHONY L.MARINO"by his Attorney,
GEORGE B.STEGENGA.,ESQ."and moves your Honorable Court for a
continuance in the above captioned case,and assigns therefor the following
reasons:
1.That Anthony L.Marino has consulted with his counsel,
George B.Stegenga,Esq.,recently concerning this estate"and that counsel
needs time to inform himself of the matters pertaining to the said estate.
2.That on March 10,1966,an Order was made continuing
the sale to March 30,1966 at 2:00 P.M.
3.That this is insufficient time for counsel to familiarize
himself with the proceedings,and therefore,a continuance is respectfully
requested.
Attorney for Anthony L':Mar no
GEORi;E B.STEGE~~GA
ATTORNEY AT LAW
W,t.SHINCiON TIHJST f.LO:;.
\NASHINGTON.PA.
L-.r-_
•...•----~~~~...,,--~------------------------------.....,
IN THE ORPHANS'COURT OF WASHINGTON COUNTY"PENNSYLVANIA
IN RE:
ESTATE OF:
GABRIELE E.MARINO,
also known as
G.E.MARINO,
Deceased.
)
)
)
)
)NO.1 Partition of 1966
)
)
)
)
o R D E R
AND NOW,this ¥day of March,1966,upon consideration
of the within Motion,the aforesaid matter is hereby continued until the
~,'tr-O LJ M •~Ad~~../~
GEORGE 8.STEGENGA
ATTUf(NEY AT LAW
\\'ASHINGTCN :'RUST (.LUr..
WASHINGTON.P,\.
..In the Orphans I Conrt of Washing-
ton County,Pennsylvania
No.1 Partition of 1966
IN RE:
ESTATE OF:
••
GABRIELE E.
also known as
G.E.MARINO,
Deceased.
MARINO,
~~
!•
I
"
MOTION FOR CONTINUANCE
.,.
:"t .
,+~/'~l\"';
•R
,.
~
GEORGE B.STEGENGA
ATrOR.'lEY AT LAW
WASHINGTON TRUST BUILDING
WASHIXGTOX,PENNSYLVANI1..----
yJaA~l;-q -?0 '7 t/\,/
IlI/•
'IN THE ORPHANS'COURT OF WASHINGTON COUNTY,
¥PENNSYLVANIA
HEARING ON PETITION FOR PARTITION OF REAL ESTATE
THE HONORABLE ALEXANDER R.CURRAN
Judge at Common Pleas Court of Washington
County,specially presiding.
GEORGE B.STEGENGA.ESQ.,ot Waahingto ,
Penna.,representing Anthony L.Marino,
Respondent.
\
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~'~J.~1---11ParUtion6f~1968
.-• 0
No.
)
)
)
)
)
)
)
)
)
IN RE:
ESTATE OF"
GABRIELE E.,MARINO"a/k/a
«
~G.E.MARINO,>oJ>-III~Deceased.
1&1II.
zol-I)
Z
:rIII«~
o BEFORE:(~.-...~o
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og APPEARANCES:..,
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EDWARD V.SCIAMANNA,ESQ.,of
Washington,Penna.,represenUns the
Accountant.
Thursday,April 21,1966,at 2:00 P.M••
EST.
"
•
JUDGE CURRAN:
the sale?
MR.STEGENGA:
JUDGE CURRAN:
-•
Mr.Stegenga,are you ready to proceed with
Yes,Your Honor.
The Court wonders at this time it we are ready
2
•
to proceed with tne sale which 18 to be Umited in the reception of
<bids to bids from the heire and dlstributees.is that correct?
z<>~MB.STEGENGA:1bat.1s correct.
IIIzZ .
:JUDGE CURRAN:The terms of the sale···
io~MR.STEGENGA:Your Hoaor,before we get into that,we are in a
:z:en;position bere I think we wID go on the record now.certain proceecUli gEl
.'
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~c:>....
J:~"N
rti0:IIII-0:oQ.
III0:
t-o::>ou
oJ<
Uj;:
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have taken place prior to this proceedlDg and a few days 810 the
question of the quaUllcaUon and disqual1flcatlOD of Judge Marino was
brought to the atteDUon of myeelt·aDd Mr.Sclamanoa.At that time
it was agreed that Judge Marino would caU 10 another jUdp tor the
'purpose of th1a sale.There being a petition filed prior to this sale try
Mr.Anthony M'.arlDo objecting to the order of the sale and the sale
itBelt,it would appear that there baa lobe aome d1apoeltlon of that
petition prior to a sale of th1s real estate.
Alao it would appear that 1\&.Marino.my client.
is DOt completely aaUsfled with the proceed1Dp up to.date,and 1 doll tt
see how a sale can take place at thte time.
JUDGE ClJIUlAN:What you are eaJiDl,Mr.Ste,enga,tbere are
matters coming before the sale itself that reJ;Da1D to be diBpoaed of.
MB.STEOENQA:Yes.Your HoDor.
-------l1---------~----------------r_-_____,••3
====#===================--:::.=:-=-==
JUDGE CURRAN:The Court 1a not famlUar with those at thla time.
worked out and that we were read)'to &0 ahead with the .ale.
We have bad a.vera!coafel'eDC".W.are tryiMR.STEGENGA:
The Court .u UDder the lmprea.1oA that au of thaie tbtoia had bee
"
to work out 80me details.
own behalf aDd make a lew remarU.
Marioo?•
~JUDGE CUR.RAN:
~~~MR.MARINO:zzIIIII,
ZoI-~JUDGE CURRAN:
:z:UI
c(
~
What 1a the Dature of the objection?
It Your BoDOI'pl.....I would like to apeak GIl ID
You wlah to apeak inatead of your attOrD-f.Mr.
.'
..:oit MR.MARINO:I-UI
is~JUDGE CORRAN:
uis~MR.MARINO:
:r.."N MR.SClAMANHA:
y••, 1 do.Your Honor.
You may .it down.Mr.St_pap.
ADd I do 80 becauae Mr.Stea-oaa..•..
Excuse me.Mr.Marino.1 think I'd l1ke to
purpoaea of brevity aDd for purpoaee of avoiding mUltiplicity of thou bta•••
viD::l!It-Il:oIl,1IJll:
l-ll:::loU
.J~ob:11.o
1D,ject a thoupt.I have no objection to Mr.Marino repre.enUq
or 8peaklDi 10 h1a own behalf to the Court,but 1 would Uke to,tor
aDd what haveyou,1 th1Dk the atatemeat should be reatricted to the
elf
lI8ue at haDd.
JUDGE CURRAN:cr coune tbe diladvantage I am at,Mr.Sc1am •
1JIlam DOt quite certain what the S.aue 18.What is your obJectloll,
as briefly u poeathie,Mr.Marino?
MR.MARINO:Well,the tint thing.Juda.Curran,18 !bat I
don't kDOW ia what ca cit we are all here.For exam le,Mr.Ste •
••q
sald to me that JUdge Marino had d1BqualUltd himself in this c..e~
and 1 aee no order of cUaqualificatioft on file and I woWd 11ke to uk t.e
,Court'.indulgence to examine 8uch ol<der if it la available to me.
"JUDGE CURRAN:Mr.Marino,lsn't that rather academic'U be hl 8
e disqualified bimaelf,what makes the dUterenee,wie••you want to-100-
«MR.MARINO:It make.thla difference.if you wtil pardon me,
z«~Judge...··there 18 on ttle and .till pendina downstairs in the Reatater'I>-VI
Zz Office,my petition fUed requesting that Judp Marino disqualify b1mIII.elfQ,
i.0•~on any matters in th18 eetate as required by what 1 think the law 18~z
x
Ul«..let forth In that petition becaus.he 1s •dtatributee in th1a Htate.~,
..:Aa •matter of fact,at the time of the partial d1etrlbuUon same two0
II:~VIe0 years or &0 ago,Judge Marino eat on that bench repre8eDUq th1a.J«
0 I
0 Court,and Mr.Sciamanna who .tood here a moment ago repreaeQtet~:J..
:tI-the Administrator;aad he told me,Mr.Sc1aD'Janna,that he did not,..
N
iiiII:repreaent the d1atributee,P.V.Marino.'0 that the only per.onIII~II:0Q.repreaenting P.V.Marino was him.elf,.Uting on the bench.That ,..IIIII:
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II:
:J ODe ot .everal re.Bona .et forth in the petition lor the JUdg.to remCl lVe00
.J".«
0 h1maelf aad to vacate two pending orden ..to which I received noii:II.0..noUce whatsoever•And I pleaded tn that petition,or ill the auwerethat1wa.entitled to procedural due process and 1 was completeiy
deD1ed procedural due proce.s I'.gardl'"ot wbat tbe mertta ot the
e...may be,and to that 1 want to add only tb18:1 knew notblna
at thla ,.1e eet up here until the day before yeaterday.There i,DO
I coone.l entered 01 record lor me,which means that I think I.hould
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• •
be "ltitled to come in here frem Harriabur.with at le..t four or five
,.
dal"notice of what 1a '0iag 00.To that 1 ma,.add that 1 coaler".
with couuel in.Pittlburah tbia marnin,aDd 1 baye there peDdiDl.it
DOt tiled,•peUUOft with the Supreme Court uDder it.or1,inal juriad1ctioa
uoder the 1.w .et forth ira 311 PenaaylvaD1a tor the cUaqualUloaUOIl ot
11 a diatribut...Therefore.1 uk t.b1a Court---
anyt.tl1n&that baa been done so far 'actually that you object to?HN
tbiA J'udp atte.pttna and hal been 'itUna on h1a own cu.wbeAla b.
there been all,Ytbi1'ai dou that you c0DI1der to DOt be tatr aad Ju.t 1ft tb t
Let me uk you th1a.Mr.Mariao···1a there
~z<~
)-VIZZIII~JlJDQE CURRAN:zoI-oz
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..=~.ay tha e.tate hu been proceeded1tiio~MR.MARINO:Aa.yth1nl that---
u~JUDGE CURRAN:We're DOt iIlteruted in .Gmeon.raiaina academt
xl-I'N que.UOM.We are lntere.ted 0Q1110 •••tn,that the diatribute..
iiiIt:~,et eve17th1n,that 1a comilli to them equally.
o0.~MR.MARINO:Well.if Your Honor pl.....1 doo't think that the·.l-ll:::l~sa anything more 1mportant or more tuadamental to any Coun.1DCludh•
<
u~Usia Court,than the lack of prejudamlnt by the Court.
o•••
-,
tt J'UOOE CURRAN:
MR.MAlllNO:
What baa lMen done that you are object1q to l'
That hal been done••lttlq on matter,1D tbll
••tate by a diltr!butee.
JUDGE CtnlRAN:What hu been done that .houlda't have beea done
on the e,tat.?What haa bee.done that pouldD't bay.b..n done here ~
Mit.MABUfO:I think that 1.eoouMh UDder the 1••01 the It&te d
~L------'-'------------'------_
••6
Penns)"lvania to remove this Judge and I want an opportunity-to
present my case to the Supreme Court of Pennsylvania.if the case
18nf t already filed.
JUDGE CURRAN:
MR.MARINO:
Why did you wait this long?
1 waited this long because 1 expected due notice oj
c what was going on here and 1 didn't have it.
zc>~JUDGE CURRAN:You knew he was sitting on this cue.VIzz~MR.MARINO:.Yes,I knew he was .1ttinl on tb18 case and I
•zo~oz
XIII
C~
expected the Judge,inside of four and a halt years to have the eetate
Uquidated aod distributed,but it 1&o't.
expedite the conclusion of this proceeding?
".
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..:~J tJDGE MARINO:
~en
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.JC
UgJUDGE CURRAN:.,
:t..
:;JUOOE MARINO:
Your Honor,may 1 make a remark that m81
Yes.you may•
Your Honor was kind enough to come to the
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Orphans'Court at my request and I asked Your HoDOr to do 80 only
tor the purpose of conducting this sale.And we certainly wish
-t.o apologize in having detained you this long because we didn't think
it would be such an extended proceeding.
Atter hearing the remarks that have been made,J
can agree to tb1a:we are not ready to conduct the sale because ot
UUB reason ......as bas been stated.the answer filed by th1a respondent
which was fUed a couple of daye before the date set for the aale at
that time.asked several things.Among them,that the outstanding
order of sale made by the Orphans'Court on March 10.1968 be vacatEIcI;
-------------------------------------
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7
the second thing that was requested was that the JUdge grant a change ~f
a full bone argument Oil th1s.
withdrawn voluntarily a~removed trom the record.
said estate.Now 1 asked Your HODOl"to conduct tbts sale because
respondent,and we were given to understand that before this sale
WUl 70U please let me talk for a moment?
I would like to interrupt--·
Just a moment,Mr.Marino.It tbls 18 to be
venue in the subject estate.and the third thing that was requested was
that the Judge thereafter disquaU.ly himself from slttlllg further in
took place all of these objections fUed in the answer were goiog to be
was 111 touch with Mr.Stegenga,then thought to be repreeemiDg this
conthwed and DOth1J1g else to be done today,I'm not going to listen to
i bad coDferred with counsel for the estate a couple of days ago who
~u .,
it JUDGE MARINO:I-.
VIis ,~JtJI)QE CURRAN:'Q '
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consider to be untrue.
I'U keep quiet but I'm not going to keep quiet through statements that I
Mr.Marino.You are very well aware of the fact what we can do it 1Cllu
don't.Let him talk.You know there is gOing to be a continuance of
•••
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iiiI%:~MR.MARINO:o11.-I&J
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~JUDGE ClJRRAN:o
1 don't want to stand by and bear unjust untruths.
I'm going to give you ODe more chance to keep qUjlet"
this.
JUDGE MARINO:Your Honor,1 wae given to under.tand that the
objections tiled in this answer which 18 denominated ADIlwer of
'-~-----'R~e8~IDO~Jnd~en!!1tuto~P~e~U~tt!!lo~IlU!F:gol:r.JPa~r~t1lttjl~O!AJnol~R~lttttial.JE8~lta~l.t~e.jthAbAJtuum~~·lUiOI5~-_J
~~---=.:......--_-'----------_.-
• •8
be,.tned .arly In March~.tore March 10,19SI,that aU the obj.ct~~.
in that anawer were lOinI to be withdrawn of record toda1 before the
Your HODOr to aU.Now atnc.it ...apparent that there hu been .om.
to be wlthdrawD,Ud are '01..,to be per.lated lA,the"•••hould DOt
m1tUl'lder.taDdiD,and that the aU"aUoDl of th1a auwer ar.DOt ,oiq
conduct th1a 8al,.And I uk Your H()ftOr then ktnd17 to withdra.and
Yet.betw.en counael tor the ••tat.and Oeor,.
Thia wu a verbal uader.taodinc'
St"enga,who communicated the .ame to me aDd that iI why I requ••tlact
JUDGE CURRAN:
JUDGE MARINO:•
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.e will take whatever proceed1np are Ilece••ary.
••,tap who 11 here ia OpeD Court,it he had ally autbor1tr from me
.:o
II:~III~JUDGE CURRAN:
<og MR.MARINO:..,
:t0-r-C\I
Do you bave anythinc further to .ay?
Y...It Your BoDOI'ple..e,1 would Uke AIr .
ffi~to make &o,..,r••meat of the type that be r.t.rred to with the Judp.
II:oQ.~MR.STEGENGA:I wW auw,r that,Mr.Marino.1 dilcua.ed that
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with Mr.Sciama..at the tim.and 1 told him 1 tbouiht that ia what
.hould be done,11 ...are coiDI to conduct th1a .ale with JUdi'O,u:oran
.ttUna there.1 didDtt koow it wu Jud..Curru at that time.it mtpt
have been another Judi"Iaaid that would be part of mr--·
JUDGE CUIlRAN:For your 1atormaUon,Jud,.Marino tried to pt
Judi'McCune;b.lOt JudI'McCune and JUdI'McCwae had to ao to
Pittaburp today.
MR.STEGENGA:1 do recall c!1acua.ln,th1I with Mr.SciamUlUl to
-------------------~--~••9
the effect U there would be a.ale that the objectioM to the valld1t,of
the .ale .hould be withdrawn prior to the .ale.That 18 at-olutei)'tru ••
out that were Oft file.
aaked wa.whether or not you had my authority to Wipe th•••objection••
MR.MARUfO:Pardon me,Mr.Sta,enp,but the qu..Uon 1
0(MR.STEGENGA:There wu no expre••authority tor me to do that
z0(~1 took that upon m,.elf"
1Ilz
~JUDOE CURRAN:I hadntt understood anythini from Judie,Marino
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except he had conferred with you;he didn't .ay anythifti about you,MJ.
Marino.He .aid Mr.at.,enaa,that they h.d that under.tandiq.
entered of record for me..
repre.entina the man if you haveo't ,one on record u repre.entiq MID.
",~MR.MAlUNO:
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UgJUDGE CURRAN:..,
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All 1 pointed out,Your Honor,there 1.DO COUMe
Mr.St.,enaa.I don't kllOw why youtre here
•••
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ffi You .hould do th.t.l-ll:o~MR.STEGENGA:I have not fUed a formal appe.rance.I have lilac
l-ll::J8 a couple of paper••
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~JtJDOE CURRAN:Let me uk Mr.Marino now---l don't know wbat'.Ii.Ii.o
pin.to h.ppen from OOW 00 1o··...clo ",e understand that Mr.Ite.enaa
DO lODier representa you?
MIl.MARINO:
for tbll rea.on"....
JUDGE CURRAN:
MIt.MARINO:
I can't answer that que.Uoft yea or no,Your Hone r,
Mr.8t.g.ne...._...
May I tini.h my reply,Your Honor'For tb18
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10
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reason:the last that 1 bad heard or had contact with Mr.Stegenga
untU the day before yesterday was that 1 had 8ent him an original aod
copy petitions to be tiled with the Supreme Court of Pennsy!van1a u to
which 1 bad coDterred with him before l1eft WaahlDgtoD about a month
ago;and both Mr.Stegenga and 1 understood then the procedures
:Ien<~instl'UctiODS to flle.And for two weeks 1 was under the impression
)'Our signals together.
completely to be followed in the liling of those papers.
bad any cause to assume,with the history of the case as it was,that
Then 1 mailed those papers to Mr.Stegenga with
It seems that Mr.Stegenaa and you ought to set
1 would accede to this continuance today or that the 8ale be gone throunb
'that be bad filed them but he hadn't.1 personaUydon't believe and
Mr.Stegenga's attitude may be what it may---l don't think Mr.Stegcmlga
<z<>~JUDGE CURRAN:zzIII
0.
zoI-~MR.MARINO:
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to take three days oft.
~Court here would give me four or five days to arrallie my attaire.
with today.U I never had any counsel of record 1 think an Honorable
Nothing is being done today.There is apparently
to meet and when 1 have something here to come in on 1bur8day.1 baH)
I am concerned heavily with appeals at Harrlsbura and 1 have a schedtlle
JUDGE CORBAN:
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a misunderstaDding.1 would suggest that you ought to resolve that
8omehow or other before--
MR.MARINO:~May 1 say this in open Court,Your Honor---l ba~e
110 counsel ot record.1 want noUce that 1 am entitled to from whateve po
,,-------11--------------------------~---• •
11
Judi.may be .tttlna 11\tb1a Coult,and it 1 do have cou.....ellt will be
couuel of record.
MR.8TEOIJIfG":
JUDGE CURRAN:
Wen,Your BoDOr-·-
1bia 1a U ord...cooUauiD.the ..le of March 10,
It'.p~Uy bard to make out.Ia that 10ur a1pature'
ai,.....,.you,Mr.Marino.Apparently Mr.Ste,.",&thouaht b.bad
•
:5z0(~>-VIZZ...II.
i MIl.MANNO:oI-oi J11OOJ:CurtBAH:
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1 be,JOUr ..rdoD,Judie.1---
Th1a ia 81&Md by---l 1'1•••UWI 18 )'Our .1"'u.-.•
almoet ..bad ..Ja Bloom'a;you caD hardly teU .....it la.In &D1
er )'OU have already ...ed the whole matter to )M revi.wed by the
••ent,it wUl be continueCS.You are .a1101 thw Court hu DO Jurladio Ion
No,DOt reviewed.1ha•••petitiOQ,it it ia oot
Ma,.1 .ay to,.u,that 18 .om••tpatu,...That-.
Did you kDOW thla at au?
No,1 dicta't.1 k........binc abOut that util
t0M7,if 10u pl.....
A".uate Court.
MR.MAIUNO:
iiiII:IIIg JUDGE CURRAN:
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a1r••4)'tUed,it will be IU4Hl.with the Ap,.llate Court wbiGh hu
orl.....1 jurild1cUCil of the matter of the r ....oval of tbla Judi.·
JUDGE CURRAN:..Do ,.propoa.to .ct thl"Ouah cGUnael ber.in tbt
---
-----rr-------------------------------r------,
assume counsel whenever I teellike it and dispose of it when I feel•
and as far as the Appellate Court 18 concerned,they have also been
conaider you hia attorney.
0(asked to vacate these two orders.z0(>gJUDGE CORRAN:I was only tryiog to help Mr.Ste,enga out.
zz..,
L.MR.MARINO:I would love to help him myself.1 think GeoraezoI-~and 1 could have a chat·..·in biB office.
:z:UI
;JUDGE CURRAN:As tar as this Court 18 concerned,we do not
..•
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It
•
M.R.MARINO:
JUDGE CURRAN:
MR.MARINO:
...:u
II:I-UIo~MR.MARINO:
u~JUDGE CtJRRAN:
•
Here?
Yes.
1 don't think 1 have to answer that,Judie.I can
Pardon me.Judge-·-
UntU we find something on the record showing be
12
indefin1tely._1 don't know what we can do.
iiiII:~MR.MARINO:II:oL~JUDGE CURRAN:
l-ll:::>8 MR.MARINO:.'.
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18 your attomey.
day?
JUDGE CURRAN:
MR.MARINO:
On the record you sa1?
There ~no appearance apparently on there.
Is the matter today continued definitely to another
I don't see any point in doing anything except cODt~DU1ng
1 sugest a more accurate term,In view of aU
the circumstances,would be a stay because a contimJance 18 a recOiQl~ion
of the validity of the two orders that 1 have by pleadings requested to t e
vacated here and with the Supreme Court.
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i ====+==============================*===1
l JUDGE CURRAN:We wID continue it.You wUl be protected under
the continuance.We use that because that is what's been used in thl8
saying itts the same thing as that?
1 cue before.
MR.MARINO:
0(JUDGE MARINO:
In other words,am I to understand,Judge,you'r~
Your Bonor,we will respectfully requeet the Coul-t
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0(~to continue the matter indefinitely;and the regular Orphans'Court of
IIIZZ~this county will attempt to dispose of the answer that was rUed by
ti we have been led to beUeve every time a continuance was asked tor th it
itI-IIIo the matters would be disposed of before the Court by the parties
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oo themselves.::l..,
:z:~JUDGE CURRAN:There are several matters that remain to be
•...
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respondent in March,1966 and all the allegations and matters conta1Ql~
therein.The Judge did'not dispose of those up to this time because
I reaUze the record is replete with many statements,but 1 teel that I
should make a statement bere on behalf ot the estate,which are my
disposed of.
.,.
,,e
iiia:IIII-a:o~JUDGE MARINO:
I-a:5 with dispatch.o
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o MR.SClAMANNA:
'"'"o
Yes,and the Orphans'Court will dispose ot thosl
I'd like to add a few remarks,Your Honor,if In aYe
clients.Mr.Marino indicated that I did not represent the presiding
\.
Judge,Judge Marino in the estate,whicb 18 true,;that 1 represent the
estate itself.That of course means all of the heirs,which the Judge
happens to be ODe of them.I'd also like to bring to the attention ot
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••14
this Court,although the record will speak for itself,that OIl September
17,1964 at which time the offices of Bloom, Bloom,Rosenberg and
Bloom represented Mr.Marino,I believe of record,they had entered
•their appearance•
MB.MARINO:Did you say you beUeve of record,Mr.SciamalUlla'
:rIII
;Court in your behalf.And following their appearance in Court,toeetb!r
Bloom,Bloom,Rosenberg and Bloom.
with myself,the record shows that a bearing on the audit appeared
before His Honor,JUdge P.V.Marino,that the persons appearing at
that time was myself and Milton D.Rosenberg of the law oUlces of
You don't know whether they would be of record
At least they appeared in this Court 10 your behalP•
11m not too sure,but I know they appeared in this
~Mil.SCIAMANNA:z0(>~MR.MARINO:
zz~I take it?zoI-~MR.SCIAMANNA:
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spoke lor him all through it there.
iii~JUOOE CURRAN:II:o0.~MR.MARINO:
l-ll::>8 that day•
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~JUDGE MARINO:
II.o
JUOOE CURRAN:
Did you say---
In other words,he appearod with me in Court on
Even though he didn't enter an appearance,he
It says here,"the law firm ot Bloom,Bloom,
Bosenberg and Bloom have asked to have their appearance entered for
Anthony L.Marino,brother."
MB.MARINO:Mr.Rosenberl told me himself he never entered
Ir it.
d1etrlbutioa.Each of the hell"partieipatina in the diatributiOD.and
of couuel and certain ave.meot.there wu then adjudicated a
my••U lor the .atat.,there.u prepared by me a Ural aCcoUDt,whiel
"..called for audit September 17,1964.Followina the appearaace
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MIl.SCIAMANNA:
•
Aa a r ..uU of the appearance of that firm and
15
1 wat to auwer that.Since h.opened Uaat aubje t
received the aUlD of $4,000.00 lu cuh from the .atate.I have DO
recolleeUOD of Mr.Marmo at &IV time prior to th~time,of iDler·
laclud10a Mr.MariQO,the rupood.nt in thia c....who at that time<z<>...>-IIIZZIIIII.
Zot-~poa111i any obJectiODa to P.V.Marino prulditli as the Judie.
xIII<~MR.MARINO:•16.
•e
up,Your Bonor,if J'Ou wID lOOk at the record of that proceeeli..,you
will f1ad that Judi-Marino alUm,in that c....8&ld that there wUl bil
no appeala from aoyth1ni bere.Now he made tha'clear.There are tj.
be DO appeala.That waa the c:oDdltion of what be wu doiaa.ADd Mr.
oDlynamErlolM ellent.If be baa other.I'd like to know who they are.
&4:1&111....ju.t a moment &10 aaid h1a ellenta.lie rar ..1 know he'l
no need to jO lata aDJ'''Dlore of t1Ua loci&)'It 1 am leaviDa tb1tl cop1 or
tbia .ale up he..e,Judie Mar1Do.We will coulde..the matter coot1Du~
•••
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lISII:Iolt-o:oII.IIIa:
t-o:::l
8 TERESlNA MARINO:
.J<~JUDGE CURRAN:
o
I'm ODe•
Tb1.will end ibe t..timony tor Lb.day.There 11
iDdefioUe11.Now what the Mxt .tep will be.1 am certailUy WUlware
01 it at Ule moment•
••••••••••••
••
1-,
•I hereby certify that the proceedings and evidence are
contained fully and accurately in the notes taken by me on the hearing of
Is I Alexander R.Curran,
By the Court,
The foregoing record of the proceedings upon the
and that this copy is a correct transcript of the same.
&v",kgL¥u~1"'"=0>ff"i tenographer
..:~hearing of the above cause is hereby approved and directed to be filed.
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~~the above cause,
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Specially Pres-idi g
•'.•..
IN"THE ORPHANS'COURT OF WASHIN"GTON COUNTY,PENNSYLVANIA
IN"RE:
Estate of
GABRIE LE E.MARIN"O ,
also known as
G.E.MARillO,
Deceased.
(
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No.1 Partition of 1966.
DECREE AND ORDER
On February 10,1966,a Petition for Partition of Real Estate under
Section 734 of the Fiduciaries Act was presented to the court.It appearing
that none of the heirs objected to partition under said section,and that one
such heir (the Respondent herein)had specifically requested the court at the
audit of administrator's first and partial account to direct partition under the
provisions of said Act,the Court set a date for said partition,restricted to
the heirs and distributees.The date set for same was fixed as Thursday,
March 10,1966,at 1:30 o'clock P.M.Registered Mail notice was given the
Respondent more than 21 days prior to the date fixed for sale.
Two days prior to the sale date,Respondent,a member of the Bar
in Pennsylvania,made known to the court,by service of a Certified Mail
parcel to the judge's residence at 504 E.Beau Street,Washington,
Pennsylvania,his intention to file an "Answer of Respondent to Petition for
Partition of Real Estate."Said Answer was filed of record the following day.
Respondent urges,inter alia,that due process has been violated in that he
received no "prior notice of any kind"concerning said sale in partition,giving
no particulars what prior notice to which he was entitled.1after he himself,in
open court,requested partition restricted to the heirs,at the audit of the first
Account.
••
The said Answer prays:
1.That the Order of Sale made February 10,1966,be vacated.
2.That the court grant a change of venue in the subject estate.
3.That the judge disqualify himself from sitting further in said
estate.
In support of the third and last request,certain allegations of
prejudice and of criminal misconduct on the part of the judge covering a perio
of thirty years were cited.These are contained in the portion of the Petition
listing llNew Matter.II The alleged facts are vouched and verified under oath
by Respondent.We shall make further reference to them.
As to the Order of Sale of February 10,1966,the court will refuse
to vacate said order,although the date fixed has been twice continued on
application of Respondent,and it may become necessary to continue same
again if the sale is not completed.~~OQ~:m~O[~(k
As to change of venue,the court refuses the application of responden
for the reasons hereinafter set forth in disposition of the respondent's third
request,together with the Order made in said connection.
Lastly we approach the delicate and distasteful (under present
circumstances)subject of the judge's disqualification,and the proper
disposition of the conduct of an attorney (respondent herein)in making the
allegations contained in his Answer,under oath.
This court views the allegations therein as being constructively in
the presence of the court,as the Answer was filed with the clerk of this court,
and constituted a public record.
In paragraph 8,respondent alleges that the writer of this opinion,
the Judge involved in these proceedings,has violated the laws of this Common
wealth in sitting in the disposition of estate matters.The conclusion is
plainly a non sequitur.
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In paragraph 9,respondent alleges prejudice against him by the
Judge for thirty years.While one is entitled to his opinion,even when in
error,it is blatantly insulting to the person of the judge to state that the
"particularizationll of the incidents are not furnished of record but are
available on request,with the plain inference that they are so outrageous
that they should not be spoken or printed in polite society.
In paragraph 10,respondent accuses estate counsel,"during all
times pertinent to this estate proceeding,has shared in operating the judge's
law offices"etc.He thereby accuses this court of "operating law offices,"
during his tenure as judge,which is a barefaced lie.
In paragraph 11,respondent accuses this judge of illegal entry into a
safe deposit box of decedent in a local bank, and the clandestine removal of
the contents thereof.The accusation of such criminal misconduct is a plain,
unadulterated falsehood.Such statement,made under oath by a practicing
attorney,warrants the procedures hereinafter ordered.
The remaining alleged matters,though inaccurate,do not require
present appraisal by the court.
After a full and deliberate consideration of all the facts and circum-
stances of this case,the court finds that no valid reason has been established
warranting the judge to disqualify himself upon the request of any party in
interest.However,there may be other reasons sufficient to satisfy the court
that in the interests of justice to himself,to counsel,and to the litigants)it
would be appropriate to call upon another judge to hear the matter.Although
the circumstances of a case may not actually require the disqualification of a
judge for bias or prejudice,yet in order that courts may as nearly as possible
be above suspicion,it may be proper and desirable that the judge disqualify
-3-
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himself to dispel any remote imputation that the parties may not be receiving
Iabsolute and impartial justice.He may do so without flinching from his sworn
duty.Hence this judge will step aside and ask a fellow judge to take his place,
retaining,however,jurisdiction of the matter of contempt of this court.
And Now,April K',1966,the court makes the following Decree
and Order:
This court has been contemned and exposed to public ridicule;its
dignity and authority have been flouted.Respondent is cited for direct
criminal contempt of this court;an attachment will issue at the conclusion of
the matters at hand,rather than immediately,since respondent is a party to
these proceedings and his interests therein would possibly be prejudiced by
immediate action by the court:See Levine Contempt,372 Pa.612,619;
Sacher v.United States,343 U.S.1.
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In the Orphans'Court of
Washington County,Pennsylvania
No.1 Partition of 1966
In Re:
Estate of
GABRIELE E.MARmO,
also known as
G.E.MARINO,
Deceased,
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DECREE AND ORDER
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ORPHAN.'COURT
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY1
PENNSYLVANIA
Marino,and I am ready to proceed in whatever manner the Court
desires.We'd like to say we welcome you here to Washington
the Washington County Bar,the attorney for the estate of Gabriele
No.1 Partition of 1966
)
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Monday,July 11,1966,at 10:00 A.M.,EDST.
EDWARD V.SCIAMANNA1 ESQ'I of Washington
Pennsylvania,representing the Accountant.
THE HONORABLE CHARLES D.COPELAND,
President Judge of the Orphans'Court of
Westmoreland County,specially presiding.
MILES WARNER,ESQ.,of Philadelphia;
Pennsylvania,representing Anthony L.Marino,
heir.
If the Court please,I am Mr.Sciamanna of
ESTATE OF
IN RE:
MR.SCIAMANNA:
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GABRIELE E.MARl NO~a/k/a
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iCONTINUED HEARING ON PETITION FOR PARTITION OF REAL ESTATEg----------------------------------I
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County and hope your stay is delightful.
THE COURT:Thank you very much.Have all the attorneys
-_._------------------------------.------------• •
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entered their appearances for the various parties?
MR.WARNER:May it please the Court,I sent---I am Miles
•
Warner of the Philadelphia Bar.I sent to the Clerk under date of
July 7th,the original of an entry of my appearance for Anthony
L.Marino,one of the five heirs in this estate,with a copy of a
•
proceeding and the final settlement of the estate.What does the
copies of which,with copies of the entry of appearance,were sent
up here now?There are two parts to it as I see it,the contempt
Which part of the estate do you wish to take
Mr.Wollam?
I have not entered my appearance,Judge
Miles Warner had,and I figured I'd just sit with him.Copeland.
to each and every other party of record.I represent Mr.Marino.
covering letter,the original of which was sent to Your Honor,and
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personal representative want to do about sale of the remaining
this Court,an order prepared and made by Judge Marino at a prior
to the Supreme Court Order of May 26,1966,it does now rest with
Your Honor,as the record stands now,of courSE
property?
subject to the Judge presiding specially here this morning,pursuant
MR.SCIAMANNA:
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date,instituting and directing that a sale be made under Section
734 of the Fiduciaries Act.The hearing was attempted to be
conducted in pursuance with Judge Marino's order and of course
was continued at the request of Mr.Anthony Marino by Judge Curran.
•-•3
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Now whether or not the Court is going to pass on that order or
proceed in accordance with that order---
to members of the family?
with Mr.Wollam.I am more concerned about disposing of this
estate in the proper and fair and workmanlike manner than re-
Marino did make an order at the request of Mr.Marino,which I
Mr.Warner,what is your position?
May it please the Court.I am new to this case .
Yes,Your Honor.In view of the fact that Judge
Do you still want to proceed with sale limited
capitulating its past and complicated history.And I have prepared
myself up to date.And I have conferred at length with my client
My acquaintance with the papers and the record in any detail stem fre m
only five days ago.Nevertheless.I have done my best to bring
and also had the opportunity this morning to confer very helpfully
a petition under Section 734 of the Fiduciaries Act.
sale is probably erroneously or loosely used.I think it's more of
like to continue that sale if possible.Perhaps it might be the word
joined and the personal representative joined in the request;we'd
MR.WARNER:
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MR.SCIAMANNA:
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a list of eight objectives.in the pursuit of which I hope counsel for
the personal representative may join my client.Some of these
matters.a few of them are not within the personal representative's
control.But nevertheless.I shall take the liberty of stating them
as obiectives in the hope that they may be made known to the partief::
••4
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who do control them.
First it seems to me there should be a n objective
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looking to the withdrawal a nd if not the withdrawal,the eventual
dismissa 1 of the contempt citation which it seems to me is substantial y
clouded by matters of a legal sta tutory and constitutional nature.In
is offensive to considerations of procedural and substitute due proces:.
withdraw the pleading which purportedly caused the citation.
citation for contempt to be issued should be withdrawn from the
our opinion the issua nce of that citation was void,is now voidable,ar d
May I say something as to that?
I propose that the pleading which ca us ed the
Yes.
If Your Honor please,I will be willing to
records .
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has advanced.I shall continue to list,I think,in the order of
It seems to me that the most important
Honor,and I may say that I am pleased at the suggestion Your Honor
importance,the objectives that I think we should strive for.
If I may continue,Your
On the condition I suppose tha t the citation
would then be the subject of withdrawal.
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obstacle,the chief obstacle to the settlement of the pecuniary assets
of this estate has been the fact---I shall not call it a failure,but
merely the fact that the personal representative has not yet settled,
paid or settled the Federal Income Tax if any,which may have becorr e
••5
due by reason of the enhancement of value of the realty up to the time
of condemnation.I respectfully suggest that this Court~after hearing
from the personal representative~should by order~fix a date by
..••which time that tax should be paid or settled.Of course~if any
eventuality should arise~making such date as Your Honor should fix
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impractical~the personal representative would then be in a position
to apply to the Court for an extension.
Next,we think that in conjunction with that date~the
Court should further direct that the personal representative file a
pecuniary account~omitting the matter of the outstanding realty,
again by a fixed date to follow the first date for the income tax deadlir e
by such intervals as Your Honor shall deem proper.
Next,we believe that much of the difficulty in this
estate has been caused by a lack of communications between the
reasonable notice.We think that the Court should direct that such
access be given by a proper order.
not been given access to the property at reasonable times and on
personal representative and my client,and the fact that my client has
To the real property,sir,in Washington
To what property?
MR.WARNER:
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County.I am not speaking of the Florida realty,because I don't
think this is part of this proceeding.
THE COURT:Isn't it a fact that there is only one piece
left ?
insured,and which I understand is deteriorating.At any rate,I
am informed by my client that he has previously requested access.•
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MR.WARNER:
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Yes,sir.
And there is nothing on it,is there?
There is a building on it,which is substantial y
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He was at one time,I understand,given an opportunity to look at
it,but under circumstances which were not reasonable.This it
seems to be is a needless exacerbation or one that could be quickly
cured by Court order.Again,much time has been devoted to the
question of the contents of a safety deposit box,apparently in the
decedent's name.We think the Court should direct the personal
representative to furnish a written list of the contents of that box,
by whomever owned,and should in conjunction with that list,state
the ownership of the contents,of each item of the contents,by
whomever owned,and further state every name,including but not
necessarily limited to that of the decedent,in which that box was
held.And possibly we think in connection with these disclosure
requirements,the Court should direct the personal representative
to disclose to my client any and all other matters to which he is reas tmably
entitled to be informed of.
Finally,we come to the last matter,and
that is of the pending realty.There was a time when my client,
having been led to believe that the pecuniary aspects of the case
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••7
would be promptly settled,this was in 1964 I believe,agreed to
distribution of this realty by private sale under Section 734 of the
'.Fiduciaries Act.Much time has elapsed since that date.The
.~pecuniary aspects of this matter have not been settled.And therefor•not without regret,my client's position now is,and will remain
~that he believes that distribution of this realty should and can best bez0(
~)-made in kind and the Court so order;and any subsequent proceedingsellzZIIILastohowsuchdistributionshouldbemadewouldthen,if agreement•i0I-eI cannot be reached,and we will do everything to reach agreement,z
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%l-I'-~that the other parties will concur in these as objectives.
iiiIl:III THE COURT:Would you have the personal representativel-ll:0L
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be cleared without any problem.
RUSSELL MARINO IS CALLED AND SWORN.I
DIRECT EXAMINATION BY MR.SCIAMANNA:
Q Your full name is Russell Marino,is that correct?
A That's correct.
Q You are the acting administrator of the estate of Gabriele E.Marino,
---
••8
also known as G.E.Marino,deceased?
A That is correct.
Q And you have been acting in that capacity continuously from the time
.-.•A
of your qualification to the present time,is that correct?
I have.
Mr.Marino,will you explain---in the first place,Mr.Marino,did
That is correct.
closing of this estate,is that correct?
on the part of the fiduciary,that is you,in order to effect final..=uii:
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~Q You have noted that counsel for Anthony Marino,one of the heirs and
l-e"Z;distributees in this estate,has proposed certain items in compliance
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you file a Federal Income Tax Return with the Government in
connection with the capital gains on the real estate in question?
I did about a month or so ago.
And in fact,the return was prepared by Mr.Auld,is that correct,
at your request?
That's correct.
Q In my presence and with my assistance.
A That's correct.
Q I think the record will show,Your Honor,on May 26,1966 the returr
was completed and transmitted to the Internal Revenue Service in
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Pittsburgh.
THE COURT:
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Who is Mr.Auld?
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He is a local agent familiar with making such returns.In fact,a
retired Internal Revenue Agent.Do you recall how much was paid
at the time this return was made.Mr.Marino?
I believe $520.00.
Did you prepare a memorandum of your expenditures in the estate?
Yes.
I show you a memorandum here,and ask you whether or not you
refer to this memorandum of expenditures regarding the operations
of this estate.
Are you referring to the Income Tax item?
Right.
A Yes.A payment of $520.00 to the Internal Revenue ServiceviII:III~on 5-26-66 and for the preparation of the papers to James B.Auld,
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II:~$5.00.There was a subsequent payment made to the Internal Revenu~
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not file the paper until 1966.
Q Now following the filing of the papers with the Revenue Service on
May 26,1966,have you had any further correspondence with that
agency or department in connection with that tax?
A I have not had any further correspondence with the agency with
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reference to this tax.I might say that prior to the filing of the tax
in May of this year,there have been numerous instances when I
went into the Internal Revenue Office in Pittsburgh to ascertain what
the tax would be;and I also conferred with the attorney of the estate
and I conferred with Mr.Stormwind,a C.P.A.And it appeared
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that there couldn't be any firm conclusion as to what was owed in
the realm of income taxes.Evidently this problemai'income tax
where a person has died and an award,or at least an offer was made
prior to his death,and after litigation an award is made quite some
time after his death,we didn't know whether there would be a
for inheritance purpcs es .
be based only on the amount in excess of what the state had valued
capital gain on the property or whether the amount of the tax should
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Just one more question,Your Honor.The return that was made
on May 26,now that return was made on the assumption that the
remaining value of real estate of $3500.00 was the gain,is that corrE ct?
That is correct.
The tax was paid on that value.
THE COURT:
Q Yes"that's all.
THE COURT:
wish to cross examine?
Is that all,sir,on that?
Let's take one proposition at a time.Do you
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MR.WARNER:Just briefly.sir.
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CROSS EXAMINATION BY MR.WARNER:
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Mr.Marino.when this tax was paid.did the Revenue Service give
any indication of when they would approve it as payment in full.when
they would audit it.so called?
No.I'm awaiting that.
Have you any thoughts about what date the Court.if it desires.shoulc
fix as the date for filing a pecuniary account in this estate.omitting
for the moment the question of the outstanding realty?I'm speaking
of a final pecuniary account.
I have a statement as to what the expenditures have been and what
remains in the estate to date.I have had that all along.I keep a
running account of any expenditure that is made or any receipt that
is received .
I take it that at least without consultation with your counsel.you woul:f
not be willing to state any date by which you could be certain of filing
a f'inal pecuniary account.I'm not pressing you;I just want to know
what your position is.
A Well.the amount of money that is available right now in the estate
is some eleven thousand odd dollars.And if we were to have to pay a
greater income tax.then that is the reason why that money was kept
in reserve.
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Q I understand.
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A Now if we receive any money as a dividend,it would be included in
the account.And if there is any money that is to be paid on taxes
on the property or legitimate expense,it is reduced.But as of right
now,it is approximately $11.000.
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Now are there any claims against this estate not yet settled other thar
this Federal Income Tax?
Not to my knowledge,no.
In what depository is the money now?
It's the First Federal right down here on Main Street.
What interest if any does it pay?
I think it's four percent.
What is the amount of your present bond in your capacity as adminis-
trator of this estate?
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viII:...irA It has always been $2"000.o0.III~Q Who wrote the bond?
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:lo~A I think Mr.Buckley from Canonsburg.•uETHE COURT:I believe there was an agreement some timeo
ago that no further bond was necessary.
Q There was that agreement again;was part of the agreement having
to do with the distribution of the realty and was predicated on the
assumption,Your Honor,that there would be a prompt pecuniary
settlement,and we are taking no position at the moment on that,sir.
1--------11""---------------------4---
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I j:ust want to establish the facts.
THE COURT:I don't see how there can be a pecuniary settlement
until the Federal Income Tax is settled.
Q I agree with that,sir.Has the Pennsylvania Inheritance Tax been
paid?
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Yes,it has.
That is settled.
Yes •
I take it there was no Federal Estate Tax.
No.Because the estate was under the----
I have an additional copy.
The papers you handed the witness .
Right.May I see the papers that you testified from a minute ago?..:!'!QII:I-UIQ
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SCIAMANNA:You mean the running account?
Yes •
What is that,sir?
That's dividend from the bank where the money is invested.
seventh item from the top,an item of $244.00.Do you see that?
Mr.Marino,would you refer to the lastMayIseethoseplease ?
page of the papers that you had in your testimony on direct?The
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Q It's the equivalent of interest,is that correct?
A Yes.
Q And am I correct in thinking it's called a dividend because it's a
savings and loan in which deposited?
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A I judge so.
MR.SCIAMANNA:
•
If you buy stock in a company,that is what they
14
Q
pay dividend on,the stock.
What is the rate of interest represented by the $244.00 dividend to
which I have just referred?
the question of the Federal Income Tax•
a t this time.The question pres ently under considera tion is only
Yes~sir.Are you willing to furnish us with a copy of the Federal
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~A I think that that would be for half a year.
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Q.A Because they pa y twice so there would be another probably 244 someio...~where.
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Income Tax Return that you filed ea rlier this year in Pittsburgh?
Yes.I will furnish a copy of any proceeding tha t you want.
Very well.
And always have been available to furnish any proceeding and always
have been available to give access to the property.
I could make much,Mr.Marino~of your use of the words "always
have",but I elect not to do so.
THE COURT:Strike that part out,will you please ?
Q Now are you willing,sir,to give my client Anthony L.Marino,
henceforward,access to the real property still outstanding at
••15
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reasonable times and on reasonable notice?
A Yes,sir.
Q All right.
THE COURT:Just a minute,sir.We were talking about Federal
Income Tax.Let's take up one thing at a time.
this delay.I think any further questioning is just repetitious .
The administrator has already given in his own words why there was
Can you tell us what accounts for the delay in payment of the Federal
Excuse me.I think this is repetitious,Your Honor.
I think so.
We're going beyond the scope of the cross examin...
ation.
Income Tax?
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questions.We appreciate the opportunity to examine the witness.
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:DIRECT EXAMINATION BY MR.SCIAMANNA:
Q Mr.Marino,continuing with the outline that Mr.Warner has presentE d
to the Court,I believe in part you have already answered it-....has the
communication and has your service or your duties as administrator
been available to all the heirs on an equal basis?
A It has.
--------tt------------------------------+--~
••16
r=======i=================================*:=~.=
R And have you at any time refused to cooperate or to assist or to give
information to Mr.Anthony Marinol the Res pondent ?
~I have never refused.
And you are prepared if need be to comply with your duties as adminis
trator to fulfill your duties.is that correct?
Do you want to stop on that before you go to the next subject?
if such cross examination should prove necessary at a later time.
that Your Honor is pressing us.but this testimony on direct could
like to reserve my right to cross examine the testimony just given
Any questions on that?
If there were time.Your Honor---I am not suggestir g
that the Court does not want to go into this past history.So I would
lead to very voluminous cross examination.And I just don't.......I senSE
That is correct.«~«>.J
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him on anything.
You mean by specific instances?
Probably so.sir.
MR.WARNER:I may say to Your Honor that this testimony raises
matters which go back from the very beginning of this administration
from the fact that my client never even renounced or had an opportuni y
to renounce his own right to letters.
••17
MR.SCIAMANNA:Again I think we're evading the issue.
THE COURT:In view of the fact that the personal representative
is willing to furnish any information necessary now.I think that woule
be the end of that.Go ahead.
RUSSELL MARINO:Your Honor.while I'm willing to make available.
your schedule and those of any other parties .
from me and you may be assured there will be ample notice and we
will accommodate ourselves to the extent proper and reasonable to
•
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~z the access to the property.it would be at a reasonable time.sir•.c>..J~would it not?
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:i THE COURT:That's all they requested.
oI-<'!:RUSSELL MARINO:Yes.:ten.c~MR.WARNER:Any such request.Mr.Marino.will come to you
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Mr.Marino.there has been some question raised regarding the
A At the Pittsburgh National Bank.
safety box which was formerly in the name of the decedent.
this box located?
Where is
SCIAMANNA:
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I>IRECT EXAMINATION BY MR.oII.11/:Q
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Q In the City of Washington?
A That is correct.
Q And the date of death of your brother.the decedent.when did that
happen?
A October 6 1961.I------...,F----::=~~~..::..:::.==----------------------~-
••18
Q Following your qualifications--"'you did qualify as the administrator
for the estate,is that correct?
•
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That is correct.
And following the qualifications did you go to the bank and make
inquiry as to whether or not there was a safety box in his name?
I went to both banks in Washington.
Where did you locate it?
There was one box at the Pittsburgh National Bank and none at the
Mellon.
And did you present yourself at the Pittsburgh National Bank for the
purpose of examining the safety box?
I did.
And did you obtain access to the box?
I did.
And you made an examination and did you make an inventory of the
contents of that box?
I had not made a written inventory.I had access to the box and there
were a number of items in it;like there was one insurance policy to
my sister,I think it was in the amount of $1"000.And there were
a number of other papers like the deed to the property at Pancake
in Washington and several insurance policies that were,a number
of them had expired.And some other miscellaneous papers as to
agreements that he had with some people who had rented the property
Q Did you find the deed to the Florida property in the box?I-----T-=----~---------...:....-..::..---=-----------+--
A Yes.
••19
Q Now except for the items which you have testified.was there anything
•A
els e in the box?
No.As I say',the insurance items.a number of insurance items
that went back a number of years.There was nothing else in the box.
Then what items of assets were there in the estate at the time of
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commencement of your administration?
question?
Well.the assets like bank accounts?
Yes •
Do you understand my
because that was the question.
Well.there was a bank account here.I think I have listed the amount
of---•
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Can you confine it just to the safe deposit box,
Q Do I understand this.Mr.Marino---you correct me if I am in error-I--
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Yes.
The assets consisted mainly a small account here.an account in the
bank at Kissimmee and the two properties and of course the large
amount of money that was realized was from the damages that the
state paid to the property at Pancake.They paid $39,000.
when you opened the box you found the policy.which your sister was
named as beneficiary.one of the heirs here.
A Yes.
Q You found the deed to the Washington property.
--_.-
••20
A That is correct.
Q And a deed to the Florida property.
A I'm not positive on the deed to the Florida property.
.,Q What else was there besides those two items then?e A The insurance policies.There were a number of insurance policies
0(that probably went back ten or twelve years.maybe fifteen years.z
0(>.J>and some agreements of individuals who had rented the property.UIzZ\&I•~Q Other than that.that's all you found in the box.z0I-~A That's all .That is correct.xUII0(
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I:......N the new insurance policy that I had taken on the property to deposit
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.JC.,.u~Q And you are the only person that had access to that box during the
0•time that it was leased or rented to you by the bank.is that correct?
A That is correct.From when I went over with the authorization as
the administrator of the estate.from that time until the box was
1
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closed~I was the only person to my knowledge that had access to it.
I had the keys and I know that the bank wouldn't allow anybody els e
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••21
Q That rsaIl.
THE COURT:The other question involved there was in whose name
was the box at the time of the decede nt's death?
Q Will you answer that.Mr.Marino?
THE COURT:In whose name was the box?
the card when I went over to check on it.to enter.that is to sign
box could be.that he had authorized or could be entered by P.V.
The box was in the name of G.E.Marino.Now in looking at
but I believe that it was to the effect that G.E.Marino.but that the
Do you know when that authorization was put on the
Marino.brotre r.
box?
my name as entering it.I don't recall the exact wording on the card•
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I have no idea but I believe that that part is typewritten.In other
words.the bank has that record.I think that is typewritten on the
card and then just signed by G.E.Marino.In other words.when thE
box was rented it appears that he rented the box.authorized his
brother to enter it if he so desired,and then signed by G.E.Marino
Now whether or not P.V.Marino ever went to the safe deposit box"
even prior to his death.I don't know.I have no knowledge of that.
CROSS EXAMINATION BY MR.WARNER:
Q Mr.Marino.am I correct in thinking that after decedent's death.
and on the occasions on which thereafter you gained access to the
I------~+-------------------------------I---
••22
box,the same card was used but you signed it as administrator of the
estate.
A I do not recall whether the same card was used or not.But they
would have that at the banle The bank would know that.
•
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I believe I am correct.am I not.in thinking that the us e of this
particular box was continued by you as administrator of the estate
through 1964 or so?
It's the same box.yes.Now whether another card was made out
as administrator.I don't know.
Now do you know whether the card in existence at the time of the
decedent's death is still in existence?
I judge so,but the bank would have to answer that.
Are you willing to the extent in your power to authorize the Pittsburgl
National Bank to furnish to my client a photostatic copy of that card?
Certainly.
Were you alone when you first gained access to this box?
I was.
Was there any property or documents in the box when you first opene a
it which was not the property of the decedent or not believed by you
to be his property?
A What do you mean by that?
Q The property belonging or not to belong to other persons.
A No.
Q And all of the contents of the box you have just orally enumerated.------;r----------..:..---=------=--------L-~
•
A That is correct.
Q No matter to whom belonging.
A That is correct.
•23
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To which if any of the heirs did you give notice of your intention to
open the box?I'm not suggesting such notice was required;I'm
just asking whether such notice was given.
None.
Was the name on this boxl that is the name on the card,changed to
your name as administrator following the decedent's death?
Yes.In other words,it would be billed in my name in the estate of
G.E.Marino,Russell Marino,Administrator.
I think that covers it.I have no more questions on this score.
••••
iiiII:1&1~DIRECT EXAMINATION BY MR.SCIAMANNA:
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Q You did file in due course a first and final account which was present d
to Judge Marino for consideration,is that correct?
A That is correct.
Q And at the time of the presentation of that first and final account,
by reason of certain stipulations and agreements which were entered
••24
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into between myself as your attorney and Anthony Marino and his '
attorney,the first and final account was changed to the first and
partial account,is that correct?
That is correct.
And in pursuance to that adjudication made by Judge Marino,you did
make partial distribution of funds,is that correct?
I did.
Is that reflected in the statement which you have before you?
Yes,it is.
Will you tell us what monies were paid out by you pursuant to the Cou t
order?
Well,I had prior to the Court order,I had made a $500.00 distributic n
to a brother in New York.And when we finally came to the distributi g
of the amount of money that was distributed,each heir received a ch~ck
for $4,000.00 except my brother in New York,who received
$3500.00 because he had already received $500.00 before.So that
makes $4,000.00 each to five heirs,would be $20,000.
And the balance was deposited in the First Federal Savings and Loan
Association,is that correct?
A That is correct.
Q That is where the money we are talking about is at now.
A Yes.It's been reduced some because of certain payments and of
course we received some money as dividends.
Q The only remaining asset is the 6.752 acres which was part of theI-----~-~;....:;.;;;~;.:..:::,~~:.:.:..::..:...::.::....::.:..::...:..:.~-=.:..:::..:..:.....:.:.==-..:.:..:.:.:....:::..=..:.....:..::-=..::-!---
••25r======tF=====================t==
remaining part of the condemnation property which is valued at
$3500.001 is that correct?
A Yes.
Q And that is the real estate that was the subject of the partition
action which you had filed with Judge Marinol is that correct?
•
That is correct.I might mention that there is a cottage in Florida
that is a part of the estate"even though no one has done anything
on it other than my paying the taxes on it.And I paid the taxes
on it out of the estate.They amount to about $25.00 a year.
Mr.Marinol pleas e make this answer as short as you can.
•
Originally the real estate that was in question here was proposed
to be distributed in kindl is that correct?Each heir was to get their
one fifth interest.
That is correct.
Well,it came about---
that was filed,how did that come about?
stenographer read the last question back?
Can you tell the Court in brief the history of this partition action
I noticed you we re talking.
Excuse mel Mr.Marino.Your Honor"may theWARNER:
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MR.WARNER:I'm sorry.
(Stenographer reads back last question).
A Wel!l I thought that by the partition of each person having a fifth
of the propertYI that the estate would be closed and then the only I-------tt-----:.....~--:...:..-------------..:...---J---I,
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••26
1=====:::#=========================*==
thing that we would have to do is dispose of the property at our own
convenience J sinee there werenIt exceedingly high taxes on it;The
fact is.I went into the assessment office since the state had taken some
of the property and had the assessment reduced to a lesser amount.
Because the state had taken some of the property.Well.my brother
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Tony indicated that he wanted the thing sold and the estate cleared
up that way and said that if it were put in one fifth each,that he could
institute action and force the sale of it.which costs would come out
of the estate.So it would be foolish to have the thing divided among
five people.one fifth each.then have a legal action taken to then
sell it;so we figured we just m;:ry as well sell it to start with.
Based on that----
Based on that we figured that well.we would have the sale.Well,
then he,through his attorney,supposed to be his attorney,Milt
Rosenberg,wrote me two letters insisting that a sale be held
immediately.And I didn't hold the sale or ask the Court to hold the
sale immediately.There were two things involved.One is that I
thought that there was a buyer from the Boron Oil Company;Mr.
Hamilton,who lives in the Pittsburgh district who had gotten in
touch with me and had wanted to make an offer.And I figured that
if his offer were much more in excess of what the property was goinE
to bring probably in the estate,I would see what his offer was and
submit it to the heirsJ because you couldn't sell it without their
a IvaI anvwav.That was one thinl2'.The other is that my sister1-----."...-----li<~o.ll!.X.5~~w=..r..::....-o:~~~~~~~~~:.=.......=.:~~~~~-+__
I
••27
I======IF=====================~F=-
had been away for awhile and I didn't want to call asale while one of
the heirs was away.So that when she had gotten back from her trip
•
and the offer from Mr.Hamilton or Boron I found out was no offer
at all,then I asked my attorney to prepare the papers and ask the
Court to make a sale,which the Court I think did do,for the early
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part of March.We had filed the papers in February.And the sale,
I believe,was to be held around March the tenth,and everyone was
notified and I thought that we would come in for the purpos e of finally
disposing of the property.And we have been ready to do so ever
since .
And you are still of the opinion that in the best interests of the estate
the partition proceedings that was filed shouldn't continue;the Court
should dispose of that partition•
I believe the property should be disp osed of,yes.
In this manner,by partition?
That is correct.By what?
By partition proceeding.
Yes.
In accordance with the Court order.
A Putting it up for sale,yes.
Q The heirs have first crack at it.
A Yes.It should be done and the estate clos ed.
Q You may cross examine.
THF.(:OuJ:{T'Mav I ask do vou intend that the sale be limited
••r-======tF=======================d~28
to parties in interest or open to the public?
A Well.sir,I think that I prefer that the sale be limited to the five
heirs;but if the Court directs otherwise,there will be no objection
on my part.
(Stenographer reads back last ques tion)•
Read it back pleas e.I want to get my dates straight here.
Well.I don't recall.I remember saying to my attorney that if an
agreement could be reached among the heirs where one would be,
:!z<~~CROSS EXAMINATION BY MR.WARNER:zzIII:Q Mr.Marino,just a few questions.Am I correct in thinking that
o~oz as late as early June of 1965 through your attorney,Mr.Sciamanna.
xIII<3:the estate was still attempting to buyout my client's interest?
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where an amicable settlement could be made.why.we would make
it.And I had told him that I was interested in my sister having the
property because she had lived out there with my brother Gabe who was
blind for many years and worked with him;I mean took care of him.
And if she was interested in retaining the property.that the interest
of the other heirs and particularly Anthony L.Marino's,if we could
buy it,we would buy it and turn the property over to her.
Q So it's a fact then that along around that time you authorized Mr.
Sciamanna to write to Mr.Rosenberg who was then Mr.Anthony
Marino's attorney.to find out what value Anthony Marino put on hisI-----r-...;.;;:::,::..:.::::...::.-.=.::.;::.:.:..::..~:.:...:.:.:=-.:...::.:....:.:..::=....:..=:.:...:.::.:.::..:.::--=.:..::.:...:.:.:..-=-=..:::::..J--
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interest.
•29
•
A Well,I don't know about authorizing him to write.I think this was
a case here of if an agreement could be reached;if you have five peop e
who have an interest in an estate;because I think that when Mr.Rosen
berg was in at the time we each received $4,000,downstairs,that
Marino never even knew about it,is that not so?
gQ And it is a fact that while these negotiations were going on,Anthony
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I asked Tony here whether he wanted to sell out his part of the estate
at Pancake.And there was an indication that maybe there would be
a meeting of the minds as to what his interests would be,what he
wanted for it.
What figure did you hope to get from the Boron Oil Company,assumin
that that had worked out?Did JDu set a price?
He offered a price.
What was that?
He offered a price of---that is he made an offer.He said,"Would
you be interested in selling the property at Pancake?"
How much,sir?
$29,000.
A I donIt know whether he knew about it.I gave Mr.Hamilton the
names of all the heirs and I told him that this would have to be
cleared with all the heirs before a sale could be made.And then
when he returned I find out that his offer of $29,000 was nothing,
because they wanted us to conduct a fill on the land first that would
••30
have involved an expenditure of about $35.000.So that his offer
really was nothing.
Q Yes.sir.Now I could ask him more questions.but I am trying to
shorten this proceeding.Do you have at this time any real objection.
I mean substantial objection based on some d~monstrable need or
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consideration.any real objection to distribution in kind of this
remaining parcel.rather than a private sale under 734?
I have objections.The property should be sold and the estate closed.
however it is to be done;whether it is to be done among the heirs
only or if it's to be done at public sale.But I prefer that it be done
among the heirs only.
Assuming it were distributed in kind.assuming that a distribution
in kind took no more time or less time than a sale,would you still
obj ect to a distribution in kind?
I would object to a distribution in kind because anyone of the five
then could institute proceedings to have a sale.And you are where
you were two years ago.
~Q At which time you wanted such a distribution.did you not?u.o
A At which time I wanted a distribution for the purpose of settling the
estate and clearing it up.
Q All right.I have no more questions.sir.I invite Your Honor's
attention to the fact that a distribution in kind would settle this
estate with equal celerity.
THE COURT:I am afraid not.
,..
31••r====9t=================:!===
MR.WARNER:It wouldn't settle distribution of the landl but it
would settle the settlement of this estate.
DIRECT EXAMINATION BY MR.SCIAMANNA:
Q Mr.Marino,when you emphatically said no to a distribution in kindl
No further questions .
as an heir of the estate,is that correct?
I don't recall of any such an offer.
believe the estate should be closed as quickly and as expeditiously
No further questions,Your Honor.I'd like to
All right.I have no more questions .
One more question,Mr.Marino.Did my client
citation which has been talked about.I seriously have no objection
address my remarks to the Court in connection with the contempt
to the Court's disposition of the matter,except in all fairness to
ever offer to take at value,to buy the whole property at value?
as possible.It's just been hanging fire too too long.
That is correct.Also as individual rights of the estatel because I
you were speaking as administrator and also in your individual rights
SCIAMANNA:
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His Honor,Judge Marino,I think the papers that are going to be
filed or will be filed will be properly donel is to strike from the
public records the pertinent paragraphs which are in question.
MR.WARNER:Excuse me,Your Honor.I should like the Court
+1"'1 inn"irp ::lQ to Mr Sdamanna's standine-to speak with respect
••82
I====~F=====================~I===
to the offer of the contempt citation.My understanding is he represents
only the administrator.
MR.SCIAMANNA:That is correct,but I think if the Court will take
time,I am sure the Court has or will,peruse the pertinent sections
which are in question,my name happens to be mentioned in that
paragraph and I do have an interest as a member of this Bar.
Sciamanna?•
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I understand that.Do you have anything further,Mr.
That's all,Your Honor.
You,Mr.Warner?
the problems are.Apparently---and giving full credit to the
and might be lengthy.I think Your Honor has an insight into what
if only because I am afraid it would be perhaps awkward to control
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witness 's testimony,and assuming he will carry through,and I have
no reason to think he will not---the necessary disclosures will be
made to us and the necessary accesses will be given.I believe
Your Honor is now in a position,may be in a position to fix a date
for the filing of a final pecuniary account if Your Honor is willing
to omit the matter of the realty.What is not resolved is the matter
of how the realty shall be distributed and also the matter of the
bond,which we think should be increased to reflect the estate assets
now in the administrator's hands.
,THE COURT:The only problem I see in this estate,aside from
I--_~__---~-~---+--,
,.••33
I======I====================~=-
the contempt proceeding,is whether or not the property should be
sold by the administrator,the remaining property.And in view of
the past record in this case,I see no reason why it shoLJd be thrown
into a partition in Common Pleas Court,when the partition can be had
here at much less expense and much quicker.So I am going to make
if the settlement,proposed settlement with Uncle Sam holds good,
is convenient to the Court.
recorded by the stenographer)•
a date for a sale to be limited to parties in interest in the estate.
Our client's problem is this,sir ---he believes
Yes.We are willing for any date,Your Honor,tha1
make in consequence.And he feels disadvantaged by the fact that
he may not have the money to put out for any bid he might care to
is not in a position to bid because his personal situation is such that
that as long as the Federal Income Tax is uns ettled,he cannot,he
(At the direction of the Court,off...the-record discussion was not
agree on a date?
an order on the Petition for Partition that is already filed,setting
I don't know when to set the date.Is it possible that both sides can
SCIAMANNA:
..=uii:~VICi
.J<CUo:>.,
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NMR.WARNER:
iiiII:IIIIt~IIIII:
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VI
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he won't have $3J 000 or $3,500 perhaps,I may be wrong on the
figures,coming out of this estate,and others who perhaps are more
fortunately situated are not so disadvantaged.So that we are inclinec
to think,Your Honor,and I say this with great deference,we are
inclined to think that if the sale is to be of the kind that Your HonorI-----n--~~~~~~~~~~~~~~~~~~~E.-~-
••I
34P:====i=======================t==-
has indicated.it should not take place until there has been a pecuniar iT
settlement and all can bid on equal terms.
Income Tax might be?
the witness said of perhaps $11.000.Isn't that right?
they not.Mr.Sciamanna?But there is a potential liability I believe
testified to.and I thought his figures were relatively modest.Were
,,
•
,.•
THE COURT:
MR.WARNER:
~z
0(>.J>-UlZZIIIII.
ioI-~RUSSELL MARINO:
:z:Ul0(
:J MR.WARNER:
Are you well enough informed to know what the FedE ral
No,sir.That is what Mr.Russell Marino has
That is correct.
So that whether my client will have the money to
"•
~U
I:bid depends on whether really this settlement goes through.
Iii
ii~THE COURT:I'm afraid your client would have as much money
u
o~to bid at this sale as he would at a partition in Common Pleas.
x~,..
"MR.WARNER:That is out.in view of what Your Honor has said.
..
iiiI:~And the problem is now simpler.Should the proposed sale as outline d
211/
I:by "'tour Honor proceed or follow the pecuniary distribution?
l-I:
:I
8 THE COURT:What do you say..sir..as to the time of sale?
.J<Uii:MR.SCIAMANNA:I realize that there are problems involved here.lI.o
You have a contingent.outstanding claim by the Government.My
frank opinion.I don't think there is a claim.I am not an authority
and can't guarantee the Court or the heirs there isn't going to be a
claim filed.Although on May 261 1966 when the return was made.
a transmittal was directed to the department.requesting.in
pursuance with their rules.that an adjudication of this claim be I-----tt------------=--------+----1
I,
••35
1=====tt======================4:=-
determined immediately.And I am hopeful that within a matter of
approximately 30 to 60 days at the most we will get a declaration poli~y
• I from that department regarding this contingency.
·.THE COURT:Well"the question is do you feel that the sale shoul
be postponed until the question of Federal Income Tax is finally
in terms of at least two months"is that correct?
is tied up with heavy schedule in your own;you're planning a vacation
and I suppose other members are planning vacations.We are talking•
"•
~z<>.J~MR.zzIIIll.
ioI-
eIZ
XUI<~
determined?
SCIAMANNA:Your Honor"I think you have indicated that the Cou t
in a position to make a determination of fixing a definite date.
i.
..:~THE COURT:Approximately.
I-UIa~MR.SCIAMANNA:If the Court has no objections,I would say continue
u
o~the thing until about two months and at that time we ought to be
:t..r-N
it is safe?
Revenue Service for settlement of this matter to the extent that
could my client be assured that you will urgently press the Internal
THE COURT:
Meanwhile.could we have your---Mr.Sciamanna,
What about the second week in September for the
Well"I can't make that assurance •
WARNER:
MR.SCIAMANNA:
ai0:~MR.0:oII.IIIc::
I-0:
:Jo
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'0(
Uii:ll.o
·.
I ..••
sale?Do you want it on a Monday?
MR.SCIAMANNA:Monday would be a good date.
THE COURT:The 12th of September.
MR.WARNER:Suppose"sir"the tax question is not settled by thel ?,-----1jr----------:...:..-....:---.:.----.:...------..:-..---!--
••36
I====t=================l=-
Would we have reason to hope that Your Honor would continue it?
.,
THE COURT:I think so.
MR.WARNER:Good.
MR.SCIAMANNA:May I ask at this point,Your Honor,in order we
will all understand what is happening or is going to happen,will the
September 12.And the terms of the sale will be the same as
Court make an order fixing the date of September 12,1966 and
at the time the deed is delivered.Is that satisfactory to everyone?
There remains,sir,the matter of the bond,which
HIs satisfactory with us"Your Honor.
That's right.At 10:00 o'clock on the morning of
previously noted,ten percent at the time of the bid and the balance
that correct?
will you also incorporate in your order the terms of the sale,is
WARNER:
SCIAMANNA:
of Wills Office and came over and says that he wanted the bond
the $4"000 each,A.L.Marino had come in to talk in the Register
~z~oJ>-UIZZ\III.
io~THE COURT:xUI~~
.:uii:tiio
oJ«~o~MR.
:t.......
ft MR •
iiia::\IIIt we think should be increased.
~\II~THE COURT:Am I right that you offered to put up a larger bond
a::;:)o
U one time?oJ«U~RUSSELL MARINO:Yes"sir.At the time prior to the distribution of
o
•
•
increased,that there was at least $40,000 in this estate and it shoul
be increased considerably~and that under the law it could be increas d
to about $60"000.So I says""All right.WeIll just increase it
•--H-t::.::o~~6~0~00:::.0~.'_I-::;.:A~n~d~I called Tony Note"who is a Court crier for Judge
37
\t~===:::::fi:===================:::::::F=-
Sweetl and who sells,who is in the business of the bonding,and I
told him to come down,that I had a sizeable bond for him on the
-
estate.And hel in the presence of Mr.Rosenbergl who was then
acting as his attorney.J said,"Welll since we're getting this thing
ironed out,there's no use getting an additional bond."And the
bond has remained at $2 1 000.
the bond.Is that all nowI gentlemen?
I hereby certify that the proceedings and evidence are containe
considerabl~money,I am inclined to refuse the request to increase
(Proceedings Clos ed).
I think SOl sir.
In view of the fact that this estate has gone along
as long as it has on the bond of $2.J 000 and the estate has handled
WARNER:
..:o0:MR.
L;o
oJc
§o
:J..
:z:l-I'-N
~zc>gTHE COURT:
zzIIIl\.
Zo...o?::I:CIIC~I.~
I ",
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•
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iiiII:5fully and accurately in the notes taken by me on the hearing of the above
ol\.~cause,and that this copy is a correct transcript of the sam e....
II:
:JoU
oJ
0(
Uii:II.
o The foregoing record of the pro<...eedings upon the hearing of
the above cause is hereby approved and directed to be filed.
By the Court,
/2!J /.'<'\./J L
,/(t,4A,l-U)o.t./,-{{!..-<"(tb 1.tl.f.t.t -
Specially Presiding
-----"------
••
IN THE ORPHANSr COURT OF WASHINGTON COUNTY"PENNSYLVANIA
IN RE:
ESTATE OF
GABRIELE E.MARINO~
als 0 known as
G.E.MARINO..
Deceased.
)
)
)
)
)
)
)
)
)
ORDER
No.1 Partition of 1966
AND NOW"July 11,1966,an Answer having been filed to the
Petition for Partition under Section 743 of the Fiduciaries Act of 1949"
and after hearing on the same"
IT IS ORDERED AND DECREED
that Monday"the 12th day of September"1966"at 10:00 o'clock A.M.,
Eastern DaylighLSavings Time"in the Orphans r Court Room"Court Hous e"
Wash~ngton"Pennsylvania"be and is hereby designated as the time and
place that the Court will sit to receive bids of the heirs and distributees
for the said described real estate"as a whole,and to enter an appropriate
decree directing a sale to the highest bidder.The heirs and distributees
shall appear personally to make their bids or offers"and in the event that
any distributee may not be able to appear"said person may have present a
representative who is duly authorized in writing"signed and acknowledged
by the distributee"to act for such and present said bids or offers in their
behalf.The highest and successful bidder shall pay"in cash"10%of bid
price at time of sale"and full balance on delivery of deed;estate to pay
for all transfer stamps;bidder to pay all 1966 taxes but no prior taxes.
•~.•
It is further ordered that at least 21 days notice of presentation
of this petition and of the time fixed for receiving bids be given by certified
mail to each of the said distributees.Proof of the giving of such notice
shall be filed with the Court at the time fixed for receiving bids.
By the Court,
~f!kA9.~Specially Presidm
I .'~,·
_.r--I
In the Orphans I Court of
!washington County,Pennsylvania
No.1 Partition of 1966
<.In Re:
••
Estate of
GABRIELE E.MARINO,
also known as
G.E.MARINO,
Deceased.
ORDER
WASHINGTON.PA.,,/~J-./;:../-/
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA.
IN RE:(
)
ESTATE OF (
)
GABRIELE E.MARINO,aka (NO.1 Partition of 1966
)
G.E.MARINO,(
)
DECEASED.(
o R D E R OF C 0 U R T
AND NOW,to wit:this 6th day of September,1966,for
cause shovm,the hearing and sale scheduled in the above case
for September 12,1966,is hereby continued sine die until
further order of Court.
Charles D.Copeland
Specially Presiding Judge
Attest:
Josephine M.Douglas
Clerk
f
•
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"
•
"
•
IN THE ORPHANS'COURT OF WASHINGTON COUNTY~PENNSYLVANIA
IN RE:
ESTATE OF
GABRIELE E.MARINO..,a/k/a
G.E.MARINO..
Deceased.
)
)
)
)
)
)
)
)
)
No.1 Partition of 1966
o R D E R
AND NOW"May 23.1968,it is ordered and directed that the
Administrator of the Estate of Gabriele E.Marino"also known as G.E.
Marino"post additional security to bring up to $15.000.00 the Administrator's
Bond.
By the Court"
I .I
•
•
•
•
12
IN THE ORPHA NS I COURT OF
WASHINGTON COUNTY.PA.
No.1 Partition of 1966
IN RE:
ESTATE OF
GABRIELE E.MARINO.a/k./a
G.E.MARINO•
Deceased.
a R D E R
\
ORPHAN'S COURT
WASHINGTON.PA.
J~__
..~2 dJ
l
••
."..-'•....'
m THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
In Re:
Estate of
GABRIE LE E.MARmo,
also known as
G.E.MARINO,
Deceased.
(
)
(
)
(
)
(
)
(
No.1 Partition of 1966
ORDER
AND NOW,November ~1968,upon motion of Thomas J.
Terputac,counsel for such estate)
IT IS ORDERED AND DECREED
that Monday)the 30th day of December)1968)at 1:30 o'clock P.M.,Eastern
Standard Time,in the Orphans'Court Room,Court House)Washington)
Pennsylvania)be and is hereby designated as the time and place that the Court
will sit to receive oral bids of the heirs and distributees for the said described
real estate,as a who le)and to enter an appropriate decree directing a sale to
the highest bidder.The heirs and distributees shall appear personally to mak
their bids or offers)and in the event that any distributee may not be able to
appear)said person may have present a representative who is dUly authorized
in writing)signed and acknowledged by the distributee,to act for such and
present said bids or offers in their behalf.The highest and successful bidder
shall pay,in cash)10%of bid price at time of sale,and full balance on
delivery of deed;estate to pay for all transfer stamps;bidder to pay all 1969
real estate taxes but no prior taxes.
It is ·further ordered that at least 21 days notice of presentation of
this petition and of the time fixed for receiving bids be given by certified mail
to each of the said distributees.Proof of the giving of such notice shall be
filed with the Court at the time fixed for receiving bids.
By the Court,
~lJ.fwt:'ecuL
Charles D.Copeland)P i
Specially presiding.
~,,r· .I '.
I I
I II
i
!-~IN THE ORPHANS I COURT OF
WASHINGTON COUNTY.PENNA.
NO.1 PARTITIDN OF 1966
IN RE:
ESTATE OF
•
.,
...
•
•
,"~
••
•
GABRIELE E.MARINO.
also known as G.E.
MARINO•
Deceased.
ORDER
(Copeland.P.J .•Specially
P residina)
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THOMAS J.TERPUTAC
ATTORNEY AT L.AW
222 WASHINGTON TRUST BUILDING
•~'-,
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_~._____.-.....il...-..-
WASHINGTON,PENNSYL.VANIA 15301
1)'-",lZ I ':.Aj ---..",~,'/
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••J}
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
In Re:Estate of
GABRIELE E.MARINO,also known as
G.E.MARINO,
Deceased.
o R D E R
No.1 Partition of 1966
AND NOW,December 0(",1968,it appearing to
the Court that there is a proposed condemnation of a portion
of the tract of land which was proposed to be sold by the
Orphans'Court on December 20,1968,and it is very difficult
to determine the amount which should be bid for said property
for reason of such condemnation,
IT IS ORDERED AND DECREED that the sale of the
property now fixed for December 20,1968,is hereby stayed and
continued until the condemnation proceeding effecting the same
is finally settled,
Notice of future sale shall be given to heirs when
the time for such sale is set.
BY THE COURT:
44~b.~~arIes D~~an ,P:J.
Specially P siding.
1 ,
IN .THE ORPHANS'COURT OF .,..
WASIITNGTON COUNTY,PENNA.
NO.1 PARTITION OF 1966
IN RE:
ESTATE OF
~
1
I
i
.,.
•
t
•
.it
••
GABRIELE E.MARINO,
a/k/a G.E.MARINO,
Deceased.
ORDER
M;~~"'-'"lJ;..~,,~.\,\~l\\T
THOMAS oJ.TERPUTAC
ATTORNEY AT LAW
222 WASHINGTON TRUST BUILDING
;/]WASHINGTON.PENNSYLVANIA 15301
'
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IN"THE COURT OF C0J\.TI\10N PLEAS OF WASHINGTON COUNTY 1 PENNA.
ORPHANS'COURT DNISION
IN"RE:
Estate of
GABRIE LE E.MARINO,
aIso known as
G.E.MARINO,
Deceased.
(
)
(
)
(
)
(
)
(
l6 ,/)
No.-.1.-1_of 1900.~.f;<!/1vf.,
PETITION FOR AUTHORITY TO RETAIN
SEPARATE COUNSEL FOR TRIAL OF CONDEMNATION CASE
To the Honorable CHARLES D.COPELAND,President Judge of the Orphans'
Court of the 10th Judicial District,Specially presiding:
The petition of Russell Marino,Administrator of the Estate of
Gabriele E.Marino,deceased,respectfully represents:
1.That Gabriele E.Marino,also known as G.E.Marino,of
South Strabane Township,Washington County,Pennsylvania,died intestate
on October 6,1961.Letters of Administration on the said Estate were issued
on October 17,1961,by the Register of Wills of Washington County,
Pennsylvania,to Russell Marino,who,after filing proper surety bond,
qualified to act as the Administrator of the said Estate.Said Letters are in
full force and effect.
2.That the said G.E.Marino,during his lifetime,was the owner
of a certain tract of land situate in South Strabane Township,Washington
County,Pennsylvania,as described in deed recorded in Deed Book Vol.597,
page 57,said tract of land originally containing about 12.81 acres.
3.That there are no encumbrances on said tract of land.
•I--.•""....~
4.That on July 15,1959,the Commonwealth of Pennsylvania
through the Department of Highways,condemned portions of the land belongin
to the said G.E.Marino for highway purposes.On December 7,1961,an
additional area of said land of decedent was appropriated by the said
Commonwealth of Pennsylvania.The total area thus condemned and
appropriated amounted to 4.1706 acres,or more.Settlement was made with
the Commonwealth for the land so appropriated.Recently,the Commonwealt
of Pennsylvania,Department of Highways,on January 9,1969,made another
appropriation,filing its Declaration of Taking at No.41 January Term,1969,
in the Court of Common Pleas of Washington County.It is alleged that this
taking constitutes an appropriation of about two and one-half acres of land.
5.That the Commonwealth of Pennsylvania and your petitioner
have been unable to agree on the damages which should be paid to the said
Estate by reason of the last said appropriation.Licensed real estate brokers
familiar with this property have indicated that the Estate has suffered damage
of at least 300%in excess of the highest offer received from the Commonwealt
of Pennsylvania.That the best interests of the Estate require that the case b
proceeded with so that an application may be made for the appointment of a
Board of Viewers,and if appropriate,to proceed to jury trial in Common
Pleas Court.
6.That Counsel for the Estate would prefer to have separate
counsel try the said condemnation case in Common Pleas Court,rather than
have Estate counsel handle same.In any event,if Estate counsel should try
the condemnation case,he would request additional compensation for the trial
of said case,beyond compensation regularly paid Estate counsel,as such,
since such work is not usually incident to administration of a decedent's estat .
-2-
•,....I J
yV •
WHEREFORE,your Petitioner prays Your Honorable Court to
authorize your petitioner to retain separate counsel to try said condemnation
case,that a contingent fee contract be authorized,the said contingent fee
contract to provide for payment of counsel involved in the trial of said case
before the Viewers and in Common Pleas Court in accordance with the
minimum fee schedule of the Washington County Bar Association now in effect
And your petitioner will ever pray,etc.
~~/l~~
Adml lstrator of Estate of
G.E.Marino,Deceased.
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF WASHINGTON )
Personally appeared before me,the undersigned authority,
Russell Marino,Administrator of the Estate of G.E.Marino,deceased,
who,being duly sworn according to law,deposes and says that the facts set
forth in the foregoing petition are true and correct as he verily believes.
I\
Sworn to and subscribed before me
this tb ~day of 'tJwUv,1969.
My Commission Expires:__,_,._,:,'_
,,:
:t ~)I.~l ~...,.
•.4 '..
ORDER
•
AND NOW,~"v~fu JP,1969,upon consideration of the
within petition,Russell Marino,Administrator of the Estate of G.E.Marino,
deceased,is hereby authorized to retain separate counsel who shall handle the
condemnation case referred to in the foregoing Petition,provided,however,
that the contract retaining said counsel on a contingent fee basis shall provide
for fees not in excess of those set forth for similar services in the most recent
Minimum Fee Bill of the Washington County Bar Association now in effect.
By the Court,
~,~r ,-~•j ~'.
-----_..._-
IN THE COURT OF COMMON PLEAS.
"OF WASHING'l'ON COUNTY.pENNd\.
ORPHANS'COURT DIVISION
NO.t OF 19#tkt~
--.-,.--_..,--_._----,
IN RE:
Estate of
••
GABRIELE E.MARINO.
a/k/a G.E.MARINO•
Deceased.
--
PETITION FOR AUTHORITY
TO RETAIN SEPARATE COUNSE
FOR TRIAL OF CONDEMNATION
CASE
c.
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••
THOMAS J.TERPUTAC
ATTORNEY AT LAW
.._.----~-----
222 WASHINGTON TRUST BUILDING
WASH~GTON.':'ENNSYL.~NI;'"1~:301
t '/_..~t-r.1-,-:-{0'--/
"~~----
'.•""'"'...•...
ill THE COURT OF COMMON PLEAS OF WASHillGTON COUNTY,PENNA.
ORPHANS'COURT DNLSION
In Re:Estate of
GABRIE LE E.MARINO,
also known as
G.E.MARINO,
Deceased.
(
)
(
)
(
)
No.1 Partition of 1966
ORDER
AND NOW,April r ,1969,upon motion of Thomas J.Terputac,
counsel for such estate,
IT LS ORDERED AND DECREED
that Monday,the 12th day of May,1969,at 1":30 o'clock P.M.,Eastern Dayli ht
Saving Time,in the Orphans'Court Room,Court House,Washington,Pa.,be
and is hereby designated as the time and place that the Court will sit to receiv
oral bids of the heirs and distributees for the said described real estate,as a
whole,subject to all appropriations as set forth in original petition,and also
to last appropriation of Pennsylvania Department of Highways of January 10,
1969,at No.41 January Term,1969,in t he Court of Common Pleas of
Washington County,Pennsylvania,of about two and one-half acres;and to ente
an appropriate decree directing a sale to the highest bidder.The heirs and
distributees shall appear personally to make their bids or offers,and in the
event that any distributee may not be able to appear,said person may have
present a representative who is duly authorized in writing,signed and acknowl
edged by the distributee,to act for such and present said bids or offers in thei
behalf.The highest and successful bidder shall pay,in cash,10%of bid price
at time of sale,and full balance on delivery of deed;estate to pay for all
transfer stamps;bidder to pay all 1969 real estate taxes but no prior taxes.
It is further ordered that at least 21 days notice of presentation of
this petition and of the time fixed for receiving bids be given by certified mail
to each of the said distributees.Proof of the giving of such notice shall be file
with the Court at the time fixed for receiving bids.
By the Court,
~O~la~~
Specially presiding.
r '.1 II II .,
I""
In the Court of Common Pleas of
Washington County,Pennsylvania
Orphans I Court Division
No.1 Partition of 1966
In Re:
I II Estate of•
,
•II GABRIELE E.MARINO,
4
a 180 known as
G.E.MARINO,
II
."
Deceased.
IIORDER
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The.Supreme Court of Pennsylvania,~ss:
"~I .'I \ft,~<.'~Western District
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WASHINGTONJortheCountyojTOTHEJUDGESojtheCOURTOFCOMMONPLEAS:I ORPHANS I COURT
DIVISION
GREETING:We being willing for certain causes to -be certified of the matter of the appeal of
ANTHONY L.MARINO
from the order of March 18:1 1969:1 of your said Court at No.1 Partition of 1966;IN RE:
ESTATE OF GABRIEL E.MARINO,also known.as G.E.MARINO,deceased.
T.he,f;ommonwealth of Pennsylvania
::1i,,\l~\~'::"~j7,c >~r,:;\~~\,:~~
--
•
before you,or some of you,depending,DO COMMAND YOU that the record and proceedings aforesaid,with all things
touching the same,before the Justices of our Supreme Court of Pennsylvania,at Pittsburgh,in and for the Western
District,on the last M.onday of September 1969 ,so full and entire as in your
Court before you they remain,you certify and send,together with this Writ,t4at we m~y further cause to be done
~..,""~.
thereupon that which of right and according to the laws of the said State ought..'.
Witness HON.JOHN C.BELL :I
Court,the 29th
one thousand nine hundred and
JR.,Doctor of Laws,Chief Ju~tice of our said Supreme
d~y of April'C)r..'..in :he Yea~~.~)our~~!~/Js~xty-nine..jt~~e2/.JJ /27.)~./L-t'~<:J,-
v \.
Deputy PROTHONOTARY
ID~~~
CERTIORARI to the
Court of Common Pleas -Orphans'
Court Division
IN RE:ESTATE OF GABRIEL E.
MARINO,etc •
Appeal of ANTHONY L.MARINO
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Attorn.eys for Appel'lant
~~
WASHINGTON
last
200
~uprtmt (!Court
WESTERN DISTRICT
September
FILEq
JUl171969J
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RULE 63.Immediately upon entering his appeal,appellant shall serve notice thereof on the opposite party or his counsel;
on the stenographer who took the testimony,if the official transcript thereof has not been filed;also on the judge who made any
ruling or entered any order,judgment or decree,of which appellant complains and the reasons for which do not already appear
of record;and shall promptly file in the court below proof of the service of such notices.·A failure to comply with this rule and
promptly to serve notice on the court below,with a concise statement of the matters complained of and regarding which it is
alleged the reasons therefor do not appear of record,may be considered as a waiver of all objections to the ruling,order,judg-
ment or decree in question.On receipt of the notice here required,the official stenographer shall forthwith proceed to have his
notes transcribed,approved and filed,and the court below shall forthwith file of record at least a brief statement,in the form of an
opinion,of the reasons for the ruling,order,judgment or decree therein referred to,or shall specify in writing the place in the record
where such reasons may be found,and this opinion or writing shall be attached to the record and printed as part thereof.
·Chartiers Val.B.&1.Ass'n v.Ende,281 Pa.396,397..
IN RE:Estate of
GABRIEL E.MARINO,
also known as
G.E.MARINO,
deceased.
IN THE COURT OF COMMON PL.t:AS,
ORPHANS'COURT DIVISION
for COUNTY OF WASHINGTON
No.1 Partition of -'l:6rmr 19 @S
(Number in Court below)
",I·
To Honorable 9::~~.r.~.~.~p..~2g.P.§J.~D..g.J ~.~.~.~:
Pursuant to Rule 63,printed above,you are hereby notified that on ..Aprll.2.9..,..l9.§9 ..
an appeal was taken to the Supreme Court of Pennsylvania in the above entitled case at No.2'00
t··1v1arch}.4;a-)~Timm,196.9.3 by AnthQn;it~4~.b~:gtt=l0 ,which will be listed
for argument at the session commencing i~on .s.ep:temb@:p 2.9.,l9.6.9 .
E (~.~~..~~:.dwa rd unc e ,Attorney for Appellant.
...................................~~.!..1..k..f ,Service of the foregoing notice is hereby accepted.
...d!L&~:;),.~.{jt .ToaX::~::·~:::::;:::ed:::::~..
an appeal was taken to the Supreme Court of Pennsylvania in the above entitled case at NO.200
March ~Term,1969 by .A.ntooz:ly L Ma.pi.nG ,which will be listed
•Pittsburgh.
for argument at the session commencing ~.~p.t..~.mp..~.:r.2.~.~1.S..6..9.~i~nrg.
A~..M~~Ed ····d····Tv}·······················..···..···············-:----==-war unc e,Attorney for Appellant.
\...'1Y2.0..I....,...J..~.l.j _,Service of the foregoing notice is hereby accepted.
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IN THE COURT OF CO~~ON PLEAS,
ORPHANS'COURT DIVISION
COUNTY OF WASHINGTON
No.1 Partition of ~_19 66
(Number in court below)
IN HE:ESTATB OF
GABRI~L E.I~INO
Notice of Appeal and
Acceptance of Service by
Judge of the Court below
'--",'d
;o~ey.--;</~-~
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••
IN THE COURT OF COMMON PLEAS,ORPHANS'COURT DIVISION
for the COUNTY OF WASHINGTON
IN RE:Estate of
GABRIEL~,E.MARINO,
also known as
G.E.MARINO,
Deceased.
No.1 Partition of 1969
PETITION FOR STAY
,deceased.
TO THE HONORABLE CHARLES D.COPELAND,P.J.,SPECIALLY PRESIDING
IN THE ABOVE-CAPTIONED MATTER:
The Petition of Anthony L.Marino respectfully
represents:
1.Petitioner,Anthony L.Marino,is one of five
,i
Iiheirsatlaw,all sui juris,in the estate of Gabriel E.Marino/
1~!;
2.Said Petitioner,on April 29,1969,filed in the
Supreme Court of Pennsylvania,Western District,the following:
(a)Appeal from the Order of your Honorable Court dated
March 18,1969,at the above-captioned proceeding.
Said appeal is docketed No.200 March Term,1969,
in the Supreme Court of Pennsylvania.
(b)Petition for Supersedeas of said Order of March 18,
1969,and for other appropriate relief.A copy of
said Petition for Supersedeas was sent to all parties
and to counsel,Thomas J.Terputac,Esquire.A copy ,
;]
is also transmitted to the Honorable Charles D.
Copeland,P.J.
Said Petition,already supplied to all parties,is
iincorporatedhereinbyreferencethereto,and is made "
a part hereof.
••••
(1)Attached to,and made part of said Petition for
Supersedeas,is EXHIBIT F,being the Order of
your Honorable Court dated March 18,1969,in
this proceeding.
(2)Also attached thereto and made part thereof is
EXHIBIT G,being the Order of your Honorable Court'
dated April 9,1969,fixing Monday,May 12,1969,
for sale of the remaining real estate in this
estate,"subject to all appropriations."
3.Said Orders,EXHIBITS F AND G,aforesaid,
unjustly deprive your Petitioner of his fundamental rights as
regards the real estate of which the decedent,Gabriel E.
Marino,died seized,as is more fully set forth in the afore-
said PETITION FOR SUPERSEDEAS filed as stated in paragraph 2
hereinabove.
WHEREFORE,Petitioner prays your Honorable Court to
grant a STAY of the aforesaid Orders of March 18,1969,and
April 9,1969 (referred to as EXHIBITS F AND G hereinabove)
until the app~al of Anthony L.Marino pending at No.200 March
Term,1969,in the Supreme Court of Pennsylvania,is finally
disposed of.
I
Edward Munce,Esq.
Attorney for Petitioner
Edward Munce,Esq.
127 North Office Bldg.
P.O.Box 3265
Harrisburg,Pa.17120
••-~••
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A F F I D A V I T
•
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
ANTHONY L.MARINO,being duly sworn according to
law,deposes and says that he is the Petitioner named in the
foregoing Petition for Stay,and that the facts set forth
therein are true and correct.
III1t6vM~·
SWORN TO AND SUBSCRIBED
II
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,,--.....:!BEFORE ME this 30th day
1"1I-!
'-.3 Ii of April,1969.'
~:I~il1~J1~~~i,Notar/zMJilic
ii
CORNELIUS 1.McELWEE,Notary Public
HARRISBURG,DAUPHIN CO.,PA.
My Commission Expires Dec.19.197Q
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CERTIFICATE OF SERVICE
NOW,May 1,1969,
I,Anthony L.Marino,Petitioner,hereby certify
that a certified copy of the foregoing PETITION FOR STAY was
duly served by certified mail upon each of the following:
Teresina Marino
34 Highland Avenue
Washington,Pa.
Russell Marino
34 Highland Avenue
Washington,Pa.
Ralph Marino
1022 75th Street
Brooklyn,New York
Hon.Patsy V.Marino
504 E.Beau Street
Washington,Pa.
Thomas J.Terputac,Esq.
222 Washington Trust Bld-.
Washington,Pa.
••
No.1 Partition of Term,1966
(Number in court below)
~stata of
NOTE-Rule 6:\requires appellant.,immediately upon entering his appeal,to scrve notice thcrcof on the oppositc party
or his eounscl and to file ·promptly in thc Court below proof of the service of such noticc.
IN Tllli COURT 01i1 COf1ii'tlON I'L~AS.,
ORPHANS'couwr DIV IS lOY:}for the
COUNTY OF VlAShlKGTOl'l.
IN Rb;:
G.E.~~RINO,deceased.
GABRI~L ~.j,'IAHINO,
also known as
To Appellee or his Counsel:
You are he reby not i fie d that on__~A~p~r-=i:..=:1:.......::2:...<9w,~1:...<9~6:....9:......-_
an appeal was taken to the Supreme Court of Pennsylvania in the above
entitled case at No.200 March Term,1'9 I by Anthony L.~arino
list for the Week of
____________________________________and that this appeal will be on the
September 29,1969,at Pittsburgh,Pa.
Edward Munce,AttorneYi for Appellant.
127 North Office B1cg.
P.O.Box 3265
Harrisburg,Pa.17120
.~).~II
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__________~f__l._~~~f~-----------1969,Service of the foregoing notice is
hereby accepted.
FILE IN COURT BELOW
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IN THE COURT OF COMMON PLEAS,
ORPHANS'COURT DIVISION,for
the COUNTY OF WASHINGTON
IN RE:Estate of
GABRIEL E.MARINO,
also known as
G.E.MARINO
Deceased .
No.1 Partition of 1966
PETITION FOR STAY
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P:-o.Box 3265
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IN RE:
ESTATE OF GABRIEL E.
MARINO,ALSO KNOWN AS
G.E.MARINO,DECEASED
APPEAL OF ANTHONY L.MARINO
200
.1
Appeal jrom the order of March 18,1969,of the
Court of Common Pleas,Orphans'Court
Division
oj the County oj WASHINGTON
,.
No.1 Partition of 1966
()I 19 69f4~~~~.J te~~
Deputy Prothonotary
April 29,1969,Petition for Supersedeas,filed.
ORDER
May 9,1969
Petition granted
Per Curiam
~n '<l!.e1l~~lIlnr.er.e.of"1 have hereunto set my hand and the seal 01 said Court at Pitt"burgh,Pa.
this 9th day 01 May
No.200 March Term,1969
--~.1
•
SUPREME COURT
IN RE:ESTATE OF
GABRIEL E.MA.RINO,also
known as G.E.MARINO,
Deceased
Appeal of ANTHONY L.MARINO
t7-:...--~,-~"\'-...r-,.-_{•',~·r(..J,':\,(--:-...)...,;----
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NAME Of SENDER
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STREET AND NO.oa P.O.BOX
P.O.box 3265
POST OFFICE DEPARTMENT
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"AJlE OF SU4DEa
Edward Munce,Esq.
STREET AND NO.Oil P.O.BOX
Rm 127 North Offioe Bldg ,E 0 :Elcne ~2POSTOFFICE.StATE,APID ZIP CODE
Harrisburg,Pa.17120
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NAME or:SENOR
Edward Munce,Esq.
STREET AND NO.OK P.O.BOX
~.127 North Office Bldg.,P.O.Box 326
POST OFFICE,STATE,AND ZIP CODE
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HAr.1E OF SENDfR
Edward Munce,Esq.
,STREET AND NO.OR P.O.BOX
Room 127 North Office Bldg.,P.o.Box32
Jl'oST OFrlCE,STATE.AHD ZIP CODE
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c56-16-71S48-10 GPO
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NAME OF SENDER
Edwapd Munce,.t.sg.
STREET AND NO.OR P.O.BOX
P.o.Box 3265
POST OFFICE,STATE,AND ZIP CODE
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NAME OF SENDER
Edward Munce,Esq.
STREET AND NO.OR P.O.BOX P.O.Box 3265
POST OFFICE,STATE,AND ZII'CODE Pa.17120Harrisburg,
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IN RE:E~ta~~.Gabriel E:·M~rino,"deceased:"_eal of A.L.M..~in~
NO.200 .March ·Term,1969,·~i·n ·the Sup!'eme Court of-Pennsylvania•
....-..."..'....",.
No •.1 Part~tion of 1966 in the Court of Common Pleas,Orphans'CourtDivisionforWash-
ington County
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DEDUCTIONS ALLOWED IN /
THE SUM OF $Cf..l..6.b..~"?f
DATE APPROVED .Ib.M.~.......I...t.....7...1.
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Page 1 of!I:..,
STATEMENT OF"DEBTS
AND DEDUCTIONS
COUNTY
ESTATE OF _..;:,Ga::;b:::.;r:...:i:::.;e::.::l:.,::e:.....=:E:.:..•....:Ma=r:.::i~n~o:.....-__LATE OF _W_a_8h_in...;;,,;.:,gt,,--o_n.L.'_=~....;,;.,,;.=::.;:;;.._
AND AGENT OF THE COMMONWEALTH
OF Washington
Form RC•.lr.··-..,.
"',."OFFICE OF THE
REGIST'ER'OF ~ILL6
DATE OF FILING APPRAISEMENT DATii 01"DItATH 6 Oct.1961
DATI!:NO.OF NAME OF PAYEE REMARKS AMOUNTVOUCHC"
11/1/61 P.V.Marino -Reimburs~nent,Let ers of Admr.19 00
11/11 61 Washington County Reports,Adv.etters 10 00
11/1//61 Pgh.Nat.Bank,Safe Deposit Box overdue 6 60
11/2//61 Graham p.Cowieson Funeral Home,funeral bill 1574 20
11/2r /61 F.J.Buckley Ins.Agency,bond 20 00
12/2,61 Mrs.Betty Rust (1/2 of coal bil ,2nd bill)11 00
12/4,61 Dr.Bernard H.Berman 25 00
12/4 61 Canonsburg General Hospital -x-jw.ys 30 00
12/41 61 Pine Lawn Sanitarium,Final Bill 75 46
12/4,61 Bell Telephone Co.of Pa.,F:inal Bill 11 94
12/6 61 Father Chas.O.Rice,Church Ser ices at church &grave 25 00
12/6,61 Delmer C.Larkin,Collector (S.S 1\~.1961 School Tax)58 75
12/1'/61 Betty Rust,1/2 of coal bill (tEll ant,S.Strab.T\'lp.property)11 00
8/7/1 lix,s.46 -
2 Edward Stuart,Co.Treas.,Co.T Strabane Twp.27
8/10 62 David N.Ingram,M.D.,Houston,Pa.23 00
8/10 62 Pgh.National Bank,Safe Deposit Box B-142 6 60
•10/3</62 •Delmer C.Larkin,Collector,196 \2 School tax,S. S.Twp.69 09'
•10/3</62 •Delmer C.Larkin,Collector,196 Il Road Tax,S. S.Twp.16 12 •
10/3(/62 F.J.Buckley Ins.Agency,Bond 20 00
7/3/3 Pgh.National Bank,Safe Deposit Box 6 60
-.:J./1?/63 B.A.Sicchitano Agency,Appraisi 1 &View of.Property and Hearing 175 00 -
7/23 63 Russell Marino,advanced for hos bital bills {Wash.Hosp.)List atta hed 726 17
7/30 63 J.Boyd Spillman,R.D.2,Eighty Four,Pa.,Appraisal,View &HeariM 175 00
11/1 ~/63 F.J.Buckley Ins.Co.,Bond 20 00
7/8/1 ~Josephine M.Douglas J Reg.of Wi ~s,Bal.,Letters of Admr.7 00
7/14.~~Pgh.National Bank,Safe Deposit Box 6 60
COMMONWEALTH OF PENNSYLVANIA }
___se:
COUNTY OF
__________________(L,6.)
--...,,~---DAY01'SWORN AND SUBSCRIBED eEF
I,----------------ft-4--~L__:::Q=:::::::::...--HEREBY CERTln',THAT.TO THE BElT OF
MY kNOWLEDGE AND BEL.IEF,THI!:FOREGOING IS A JUST A FUNERAL EXPENSES AND EXPENSES 01"
ADMINISTRATION SUBMITTED TO THE ESTATE OF DECEAeac,Ae DEDUCTIONS !"OR
INHERITANCE TAX PURPOSES.
Form RC C ·10.a..:,.
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."";,I OFFICE OF THE
REGISTER 'oF WiLLS
OF _W.:.:.a.:.:.s~h~in:;;;.;;.J,gt~on;;.;:..,.-__COUNTY
STATEMENT OF"DEBTS
AND DEDUCTIONS
DEDUCTIONS ALLOWED IN
THE SUM OF ,$""""""""""""""""""""""'"'"
DATE APPROVED .••....."'''''''''''''''.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,'"
AND AGENT OF THE COMMONWliALTH
Page 2 of")Register of Willi.Ag.~1
ESTATE OF Gabriele E.Marino LATE OF _W._a_s_h_i_n..::g::..t_o_n~,_P_erm_s..:y~~:...v_an_i_a _
DATE OF FILING APPRAISEMENT DATii 0'"DEATH 6 Oct.1961
•DONALD WHAL~N.Notary Public:
Burgettstown,Washington Co.,Pa.
My Commission Expires March 4,1972
COUNTY OF ,~}
I ~~1Q.~•'"CJ ,•H£REISY CERTIn'.THAT.TO THE 8£aT OF
...V I<NOWLI!:CGE ANO'BELIEF.THI!:FORI'GOING IS A JUST AND TRU II:"r~I!MENT OF D£BT-,FUNERAL EXPI!:Nf/lES AND EXPENSD O~
ADMINISTRATION SUBMITTED TO THE ESTATE OF ..~J~..we $It../::::~DECEA.IID.A.DEDUCTIONS "OR
INHERITANCE TAX PURPOSES.(\\~_
,/16(_~-l\L)....J,.~(L.S.)~-;j6r-_-__DAY 01"\-\•
DATI!:NO.OF NAM&:OF PAYEE REMARK.AMOUNTVOUCHEII
7/23/64 Edward V.Sciamarma,Esq.,Reimbl lrsement,Adv.of Letters 10 00
7/291 64 John F.Roney,Esq.,Filing Fees &Costs advanced 21 00
7/29)64 Simon White &Sons,Monument 625 00
7/29)64 John E.Costello,Esq.,Legal'Fel B Condem,Case 350 00
7/29j 64 Joseph P.DeMaria,Ins.on Frame Bldg.,S.Strab.Twp.194 40
7/30j 64 Josephine M.Douglas,Register,iling this aCCO\Ult 16 00
18 SE pt.Ie 64 Josephine M.Douglas,Reg.of Wi 1s,Clerk Costs as per Decree 9-1 -64 47 00
11 FE lb.19l 6 Josephine M.Douglas,Reg.of Wi 1s,Partition Proceedings 25 00
25 FE lb.191b6 F.J.Buckley,Bond 40 00
26 ~y 196 James B.Auld -Preparation of I R.S.Form 1401 500
11 Dc t.19 ~F.J.Buckley,Bond 105 00
14 Nc ~.19 ~8 F.J.Buckley,Bond 2G 00
20 J Ine 19 ~9 F.J.Buckley,Bond 65 00
15 Jl l1y 19 0 F.J.Buckley,Bond 6~00-
16 Ne v.19 HO F.J.Buckley,Bond 2(00
8 Dec •197~Estate Costs advanced,Edw.Scinmn1Ina,Esq.,by Exr.Josephine Sciama jma l~70
8 Dee •197D Thomas J.Terputac,Esq.,Costs dvanced 3S 70
Plus Accountant Fees,Russell Ma rino 2790,00'I '
Plus,Le£a1 Fees,Attorney Thomas J.Terputac 00'15'',·00
-
'l'OTAL 9106 39
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COMMONWEALTH OF PENNSYLVANIA S'JUJ ~~....o ().""-,(J --,8.:
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STATEMENT OF DEBTS.OFFICE OF THE
REGIST-£R'OF WILLS AND DEDUCTIONS ~/lj/7VWashington~::':j~OF COUNTY SU PPLt:NcNt!J.l..-..................................................,
AND AGENT OF THIE COMMONWEALTH 1~1Ar.:r 1:,.?l7;!0 I y .i4 A AJ~egllterA!~WIIJi../:~"jt!l~I-
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ESTATE OF Oabrle]e E.Yar1no LATS OF JlasMngton,Pet&D t a
DATE OF FILING APPRAISEMENT DATE OPO DEATH Oct.ober 6,1261-
DAT!:NO.OF NAME OF PAYEE ..REMARKS AMOUNTVOUCH,;".
2-11 ~Joaephine Douglas,Register of WLlls t8 88......",1l'.,u.....",.._~.u"..~,f
"26 ~o James B.AUld,PreparatIon of inPOIne tax ~,,~~~t'\,lI'.,U....",........;.tv..~,f
~-68 ...-""f'--""",kX)11-F.J Buckley Insurll1'lce Agency,bo ~d ~~I,-.,-...-...........1_--,..u -,-'""......v;.l IVV I10-0-69 ..Uurrelle Printing Comp~114 ~8·(-.1;-(U ~.tI .._~....cu........,UU.11U.~~~11·6.70 F J Buckley Insurance A2encY.bo rid
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1-2 -n Russell Marino,Register,filing account 18 g~'_~lb.?1 -..J_-ERn.r.nRt.A .?n·7-1 ~71 F J Buckley Insurance Agency,bo ~65 bo,.,.,,.,..,r n••_"'.......-'A.......__tv.,.,."'"........-"",."6-7 1072 F J Buckley Insurance Agency,bo ~~,65 Po_.....t:\.......i .........I .....·........,____w,......,-"''OS•-...52,~appeal ..,
,v ...Q ......Veve,cu~"Ii tIo"au.u..."u...."v~-,...--IoV'".1'(~I5-2j1>-66 Intemat Revonue Service 520r:;t~~Internal Revenue Serv1ce ~~~~e iB2...--..-'"1'1')
9-91-68 .Intemal Revenue Service 1242.71
"nl.1'1't.........-.,-:iAJ.n ,-
Thomas J.Terputao,Esq.,reimbu ~sement tor Adm1n1strnt:lon ooatsl--
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o !'An'90+,o+.e t.ransfer atf1mPs 7.rY\
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COMMONWEALTH OF PENNSYLVANIA }s.:COUNTY OF Washington
I,Russell .Marino ,
HEREBY CERTlI"Y.THAT.TO THe:BEar OF
MY I(NOWLe:OGE AND BEL.IEF,THe:FOREGOING 18 A JUST AND TRU E STATEMENT OF DEBTS.FUNERAL EXPENSES AND EXPENSES O~
ADMINISTRATION SUBMITTED TO THE ESTATE'OF Qabr1eJe E.'Ia~~"""D•••DED~CTOD""'".
INHERITANCE TAX PURPOSES.
SWORN i'J0 SUBSCRIBED 8EFORE ME THIS :z..rd -t~U A.J..A..~(L.6.1
DAY Of'•
I 1.L.r 18.2l:::-(I'-f"-<.J.(f -L L./
108 I.FRANKS Prothonotary
My tenn expires First Monday,Jan.,1976
Form RC C·IO DEDUCTIONS ALLOWED IN J
AND AGENT OF THE COMMONWEALTH
OF __WIU:IAu::Su.h.L.1.L.nuc(!..1t....OLjnu.-_COUNTY
'.-~;;.,OFFICE OF THE'
REGISTER OF WILLS
THE SUM OF $"""""""""""""''''''''''''''
DATE APPROVED .....•..""""""""""""""""""""''''''''
Reglater of WIIh.Agent
ESTATE OF GAbpiGl~E."tsrino
DATE OF FILING APPRAISEM"NT DATE 01"DEATH __l;I6i-J"O.ucl,;.t~.Jl.,.;9:;zJ6U-L'_
DAT!:NO.OF NAME OF PAYEE REMARKliI AMOUNTVOUCH""
'"'I ....IlL.L.T ..--......-0 __-'_"'__~4'l.l~"..~r:'Inn...~....."''''''I 7
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rJ I~/,11t.t..Tam...ClI ~Allla Il"td:i on nf Tn~omA TAX c::100-
,,,h f,/t..A HI .T 'R.,,,\r,AU T",",Do A"Do hI'''''hnnn 1nt:Inn.,
"I,II...A lj'I .T ~11"lr1 ov T"'a.'·rull...."A A"",,-h,.v hnnn ?n Inn
L.I..,,.,IL'"lj'I .T 'R"""'OTl'Tn'"11 h,.,nr!I-.r:.I""-..,....,"
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,I~..,II.."1'fll-o",mnCll .T '1"""'1"'1\1+-"''''1?..",.~ClIt:Q ..nn ?'n All.'...~-...
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\..-7/1 c 171 F.J.Buckley Insl1rAnce Age r,-tcy,bond 65 00
?11,17':>F .1 Bucklrv Ins11rance Aaeh.cv bond 20 00-I...I..,)I..,~'If'.T ~",.1r'pw Tnq",..onl"A AaAh~v hond .he:.()()..,.,
._'----Ra.a.......1__M (.1:\_--"-""--_.
J.Teroutac..ESQ.Add1t!bnal services.over and above
bl'Counael(tu.~J.~IJ..J-J)~i........"'...+.l"8QulrementB f o:fl.«"-,\v'J'-",.",....h n.t'!;;.A.~RUdit II i1-71.101 17 00
-itA _.-Rewnu~Service 520 00
-66 Intttmal Revenue Service ~~o~~~~-....,,~i'__......-.u....~
Internal rtevenue Service 1242.71 ..._,••:".....
rertme1 1"I'OJD .1n'tiernaL ..,.....","",v .Jue'4V "'~fo+.;14
COMMONWEALTH OF PENNSYLVANIA }
___8.:
COUNTY OF
I.HEREBY CERTII"Y.THAT.TO TH~BEaT 01"
IIolY J<NOWL!:DGE AND BELIEF,TH~FOREGOING IS A JUST AND TRU ~srATEMENT OF DEBTB.FUNERAL EXPENSES AND ItXPENSES 0"
ADMINISTRATION SUBMITTED TO THE EIST"TE OF ----------DECEA.IED.A.DEDUCTIONli "OR
INHERITANCE TAX PURPOSES.
____________________CL.s.)
SWORN AND SUBSCRIBED BEFORE ME THIS DAY 01'
--------------",_-
Regiller of WII h.Agt.~t
DEDUCTIONS ALLOWED IN
/
ITHESUMOF$..
mAO"O ..........•.b.r .DATE
~nOF Washington,~eryns1lvanje
STATEMENT OF DEBTS
AND DEDUCTIONS
ESTATE OF Gabriele E.Marino I
fDATEOFFILINGAPPRAISEMENTDATIi0"DEATH _--.l6oL-O~c.....tL.o..........l....9;l.l6..",I.1o-._
OFFICE OF THE .,.--'"
REGISTER OF WILLS
Washington COUNTY
AND AGENT OF THK COMMONWEALTH
Form RC C·lO
OF
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DATI!:NO.,OF NAM&:OF PAYEE REMARKS AMOUNT,VOUCH""I
....
,,11,It.t..ii .T"'..""....h~...."""""""..,..<t 'Ro,.,.-ta+-o...nof'W-t"a ,,1:"1"f\
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?I?r:.It.t.Ii F .T ~n,,1.rl P.V TnClllT"en~e A hnnn 1111 00,
e.I'/f 166 james B Auld norenaration bf Income Tax C)00
",/1 11 1t..P..14'.T ~'lI~lr"AV Tn!'ll 'R I~A ta bond lnc.Inn
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"h It.A F .T RI1~1.rl P.~TnA"A (71:>n~v bond '/0 100
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,(\I"h/t..a .....11 I:>'P,.-i n +:i n l7 Cnmnqnv "I,78
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1)··...."11 Ma~ino 18 00Reszister.f 11nsz Account.-
1 I ~.mL -.T -~F.~n ~I"l j:t t.j:t 1 Ad r '/0 81t
;'1'~·',.I,~)(k7 00)Q/l RI/hh JosFmhin~M Dou'llas Clerk O.C Audit Cost I ;7,,.'OJ
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7/1t:1/71 F.J.Buckley Insurance Age 'lcy,bond 65:00
';)/11 17'/"F J Bucklev Insurance Aile IlCV.bond 20 00
t.I.,I '7?HI .T "R",,1.rl P.V T",al'''''an~e A hnT'ln he:.100
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1\l ••6,-."--T.\---..,L'"•,ug 10'&,
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,I,.Thomas J.Terputac,Esq.Additi~nal services,over and above ....-"'W.vr ~r Counsel (~p)-~Ll J l\,.v -""~·v
I :'normal estate requirements f "-I ~
I Russell Marino.Clerk O.C••costs at audit #63-71-101 17 00
,-2 p-66 "Intemal Revenue Service 520 00
I .Ln'tema.L t(evenue l:)ernce ~~?~~~1._,~J..?~~-S""'~""
9-9 ~8 I Internal Revenue Service 1242.71I.L>_~~~1"lA I.n ........1 ....
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I COMMONWEALTH OF PENNSYLVANIA
}sa:,COUNTY OF
1I,HEREBY CERTIFY.THAT.TO THE BUT OF
1MYKNOWLI!:DGE AND BELIEF,THI!:FOREGOING IS A JUST AND TRU E erATEMENT OF DEBTS.FUNERAL EXPENSES AND EXPENlIaJ OP'IIADMINISTRATION SUBMlnED TO THE EST"TE OF D&:CEAaIiD.All DEDUCTIONS FORIINHERITANCETAXPURPOSES.
,j
-(L.6.)
SWORN AND SUBSCRIBED I!lEFORE ME THIS DAY Of'
18 __
II
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.IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNA.
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/.'~"..';._---_./
)D'le of deal~__...__
\No,lOl~!?Jl ~.!_partition 19reThn,19_,A.A.
I
Docket -.-1..)-
~'.·1'./"\~.\1\...~:~,..-'•
)Deceased
I
Enter my ,appearance for the Commonwealth of Pennsylv.arua,claiming transfer inheritemce tax in the above estate,as foHows:
TO THE AUDITING .JUDGE:
In the matter of the Audit of Account filed in the Estate of
G3brielo go Harino
'-c-LJ';fm"i:n:o
DR.
To appraised V'alue of Estate:Realty..........$.
Personalty __._....................................$
3S'()-()0-0. r
If 2.)I Z,0..._.__
Additiolval Assets per Account,Subjeot 'to Tax __$_
$3 m~~fL1---__-.-
$-----..__. .
$_U's:f),o ~_.._TOTAL DEDUCTIONS,
)
>
)
GROSS VALUE _~$
'.)
~~~~::(
\:'I,/.;;'''1'.,.'"1$~t ((9
I •
$--.,------
$-------
$-------
$
Additional Debts and Expenses per Audit
Debts and Expenses per Account;see Note
CR.
A:1ditiona'l Assets per Audit,Subject to Tax _--$_'_
if ')"g/~I /I----
9/J~J31~
~.-._._-
NOTE:The following credits claimed in the Account are
held not deductible ·as against the tax:CALCULATION
Gross V~llltc -!i-~?-/7,"-ll
Less Deductions __--1-J ~r o
{)".O_bc=.-_
Clear Value ......._..........._~_W z,.t 0_$"-_
._--_._-------Tax-
able
at
2%)--------_.-
$_~'f_
Jax.(~!lL'_'k&~-~
~-------..---..=(3 \==------.--~4~t·flr ')I
,---~---------
!-If _,-T~PAID ON ~~~~~~~)f (/,8 Total Tax ____$l~_~_'(!~..1L_
\$\..", .--~r-$~-am,"ot pce';ou~)'pa;d ..__.__._._.._..m••-..$- (c7..{)t,(-'-
$ •-[')l).1.l1~·'tO Balance ,__..$_~~~J:!...~t-~~~._
$
L
Interest__yrs.__mos.__days@-_%-$.,...
TOTAL TAX AND INTEREST DUE ____..$.__.
TENTATIVE STATEMENT
PENNSYLVANIA TRANSFEH INHEHITANCE TAX
;
,/
To__8us_S~L~_aJ0J)'"~-
ReS;i,sr<'ft c F U"H!ll;of.'Flc",,_C(J \l-eJ~(}tiS \'~.1..o..h.-r-·)~RL..--'--_
ESTATE G-'"'3 1;-t=M L'R "DATE OF -r I 9':1/OF ~Jl.L ..RL£.~-~UJ_!l\L.Q DEATH oC'(.,J !..U.......I-----
DateAppraised ,i1l.{tL;1LiCZ~'l_L;.I__County 1\...("1 StateFile----lJ.ca:~r 3~~102...File 6.5&2 -I it
Heal Estate
Personal Propert.y y.',31 a.II
Joint Accounts
Less Exemptions ca.~S;;l~9iOi.-.31
S.WPL ,2;;t&g.s 4.3.&7
TAXABLE AMOUNT
Less Debts and l 'Z I -iAdministrationExpensesI-_I---J..:I-!J...c:.~,uO..t._JoO~tll.J_)_
28 1 (,2 o~
TAX onL..-,@_"%_
I~-%
Amount Previously Paid
TAX BALANCE
Interest from_._(LeT 10 I J9~__to__...".0C":r;~...,a~Y\'_'-f.L~.:....,.q.:...f.:,_3.:...·_
BALANCE DUE COMMON\iVEALTH 3:U_~~{~~-._
Rnd..;Ja",4-.1'7&3
'Rece I PT it /:;7 '2..158
OUe~pC!ld..
DISCOUNT (570)IF PAID WITHIN THREE MONTHS
FROM DATE OF DEATH.
1e:tC.J~/-4
je/6l jO·i.:.----
PAYABLE TO:
REGISTEB OF WILLS
WASHINGTON COUNTY
COURT HOUSE
WASHINGTON,PENNSYLVANIA
bOc)LY.'L 1-'-I.")I
,.-----
1177b7
RCC-78 (1-73)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
HARRISBURG
17127
February 16,1973
j
\"v{J -LI ~_L I
u ...e.')-l....1 '"'i _ \ -"to -~
Russell Marino,Register of Wills
Court House
Washington,Pennsylvania 15301
,O\."b\ll\\
Dear Mr.Marino:
Re:Estate of
File No.
County of
Gabriele E.Marino
65-62-111
Washington
A petition for refund of overpayment of Inheritance Tax was filed with the Board
of Finance and Revenue in the subject estate.
In reviewing our file,we find we do not have our copy of the fallowing document (s)
as indicated below:.o Official Commonwealth Appraisement
IXX I Approved Statement of Debts and DeductionsoFederalFinalLetteroFederal706
If the document (s),as designated above,have been previously forwarded to this
Bureau,please advance another copy directly to my ·attention.Upon rece"ipt thereof,an
accurate calculation of the overpayment can be made permitting our file to be released to
the Board.
Very trul y yours,~w,f1Jt~
Marla W.Pierce
Inheritance Tax Division
FOR:Peter J.McHa1e.Director
Bureau of County Collections
CC:E.V.Sciamanna &John F.Roney,EsqUires
CC:Edwin W.Schwenk,Sr..Board of Finance and Revenue
.,
•.,
(@ffitt nf itgisttr nf mills
J
RUSSELL MARINO
REGISTER OF WILLS AND EX.OFFICIO
CLERK OF THE ORPHANS'COURT
DEPUTIES
GUY A.ROGERS
MARGARET GLASER
lIU1i4tug1nu,lbUU1iyluuutu
~.
15 March 1973 ,,
Penna.Dept.of Revenue
Bureau of County Collections
Inheritance Tax Division
l1 L'L1
Sirs:
In Re:
Estate of
File No.
County of
Lb l c{,{,(1 (
Gabriele E.Marino
65-62-111
Washington
Enclosed is a copy of approved Statement of Debts and
Deductions as requested by your department~
Enclosed also is the Orphans'Court Praecipe and
computation of overpayment.
Very truly yours,
Attention Marla W.Pierce
Enclosure
RM/l , i
: !.:
....·,........__IIiIIlI..._.....IIiIIIIi...._-..lI_...._lIIIIIIIIrIoilllllllil...__.........:.l...J
Form Be C ·10 DEDUCTIONS ALLOWED IN
THE SUM OF ...•........$STATEMENT OF DEBTS
AND DEDUCTIONS
COUNTY
ESTATE OF _;:;;Ga:::;b::.:r:..:i::..:e:.:l::..::e::......=:E:.:..:-..:..:Ma~r:=::in~o::::.---_L.AT"OF _l_·la_s_h_in~G!..-t_o.;;..n..L.,_P_e.;;..n.:.:.n.:.:.s;.,s,:Y..;:;..:.:..v.::an;;;;~=·a=--_
RE:GIBTER OF wlLL!a
OFFICE OF THE
AND AGENT OF THE COMMONWI&ALTH
OF Hasldnr,ton
DATE OF FILING APPRAISEMENT ~DATE 01"DEATH ---,,6---,-0..;..ct~•...:1~9~6:..:;:1=--_
I -
DATI!:NO.OF NAldli:OF PAYEE REMARKS AMOUNT
i VOUCH~"
11/1/61 P.V.Harino -Reimbursement,Let ers of Admr.19 00,
11/1/61 Vlashir.gton County Reports,Adv.~etters 10 00
11/1i/61 Pgh.Nat.PXL~k,Safe Deposit Box overdue 6 60
11/21 /61 Graham p.Co"dieson Fu.Tleral Home,funeral bill 1574 20
11/2~/61 F.J.Buckley Ins.Agency,bond 20 00
1.2/2/61 Hrs.Betty Rust (1/2 of coal bil ~,2nd bill)11 00
12/41 61 Dr.Bernard H.Beman 25 00....
12/41 61 Canonsburg Genere.l Hospital -x-~ys 30 00
12/41 61 Pine Lawn Sanitarium,Final Bill 75 4.6
12/41 61 Bell Telephone Co.of Pa.,Final Bill 11 94
12/6161 Father Chas.O.Rice,Church Sel'"ices at church &grave 25 00
12/6/61 Delmer C.Larkin,Collector (S.S 1\~.1961 School Tax)58 75
12/1':/61 Betty Rust 7 1/2 of coal bill (te &It,S.Strab.1\~.property)11 00
S/7/l 46
.
2 Edward Stuart,Co.Treas.,Co.TItx,s.Strabane Twp.27
8/10 62 David N.IngrClm,!v1.D.,Houston,fa.23 00
8/10 62 P~'1..National Bank,Safe Deposit Box B-142 6 60
10/3</62 •Delmer c•Larkin,Collector,196 'School tax,S. S.Twp.69 09 '
10/3</62 •Demer Larkin,Collector,196 ~Road Tax,S.S.Twp.16 12 •C.
10/3(/62 F.J.Buckley Ins.Agen cy,Bond 20 00
7/3/3 Pgh.National Bank,Safe Deposit Box 6 60
7/19/63 B.A.Sicchiteno Agency,Apprais 1 &View of Property and Hearing 175 00 -
7/23 63 Russell }furino,advanced for hos ital bills (Wash.Hosp.)List atta hed 726 17
7/30 63 J.Boyd SpillE,an,R.D.2,Eighty FOl~,Pa.,Appraisal,View &Heari 19 175 00
11/1 ~/63 F.J.Buckl.ey Ins.Co.,Bond 20 00
7/8/l -7 004Josephinel-~.Douglas,Reg.of \1i Is,Bal.,Letters of Admr.
r,Ill.,6J~Pgh.National Bank,Safe Deposit Box 6 60
COMMONWEALTH OF PENNSYLVANIA }s.:COUNTY OF y,~I,I ,"'"HEREBY CERTIFY,THAT.TO THf!BEer OF
MY I<NOWLI!:OGE AND DF-LIEF,THf:FOREGOING 18 A .JUSTr~~TOF DEBTS,FUNERAL EXPEN£lEB AND EXPENISr:5 O/"
ADMINISTRATION SUBMITTED TO THE EST)\TE OF A-DECEASED,All DEDUCTIONS FOR
,"HE"TANCE TAX PURPOoca.~
(L.S.)
BWORN AND SUBSCRIBED I!E:F~.Sri DAY Of'
V ,/11_
/
,..
7 "
.~
~,-
---------
rorm He ,·10 ..DEDUCTIONS ALLOWED IN
OFTICE OF THE •..
'Rf.GISTE:R OF WILLS
OF __llI_a~s.:...h.::;.in:....wet_o~n~__COUNTY
AND AGENT OF THE COMMONW'''LTH
STATEMENT OF DEBTS
AND DEDUCTIONS
THE SUM OF $ "..
DATE APPROVED .......•
Page Register or Wills,Agt.nt
ESTATE OF Gabriele E.l-farino LATE OF _W_'a_s_h_l._'n_..:g=-t_o_n.....,=--P_e_nn_s..:::.y-::~_v_an_i_a _
DATE OF FILING APPRAISEMENT DATE OF DEATH 6 Oct.1961
::::.
DATI!:NO.OF HAMIi:OF PAYEE REMARKS AMOUNTVOUCH.PC
~/23/6l~Ed"''8.rd V.Sciamanna,Esq.,Reimbl ~sement,Adv.of Letters ,I 10 00
7/291 ~John F.Roney,Esq.,Filing Fees &Costs advanced 21 00
7/291 64 Simon \mite &Sons,Nonument 625 00
~/29/'64 John E.Costello,Esq.,Legal Fe<s Condemn.Case 350 00
~/29/64 Joseph p.ne¥'aria,Ins.on Frame Bldg.,S.Strab.'l'wp.194 40
7/30164 Josephi...'rle 1-1.Douglas,Register,iling this account 16 00
~8 S<pt.l e 6l~Josephine 1-1.Douglas,Reg.of lVi Is,Clerk Costs as per Decree 9-1 -64 47 00
~l FE [b.19 6 Josephine !{.Douglas,Reg.of vIi .1s,Partition Proceedings 25 00
~5 FE iD.19 6 F.J.Buckley,Bond 4C 00
26 He y 196 James B.Auld -Preparation of I R.S.Form 1401 5 00
n Oe t.19 8 F.J.Buck1.ey,Bond 105 00
t4 Nc v.19 ~8 F.J.Buckley,Bond 2C 00
120 Jl ne 19 ·9 F.J.Buck1ey,Bond 65 00
I
~5 Jllly 19 0 F.J.Buckley,Bond 65 00
3.6 Ne v.19 170 F.J.Bucldey,Bond 2C 00
B Dee •197D Estate Costs advanced,Edw.Sci"'''''''''~""a,Esq.,by Exr.Josephine Sciama na 12 70
8 Dee •197 D Thomas J.Terputac,Esq.,Costs dvanced 38 70
Plus Accountant Fees,Russell Ma foino·2790 00
~'.....,_.-
Plus Le~al Fees,Attorney Thomas J.Terputac 1500 00--
I
-
TOTAL 9106 39
-
{.Sc.!.jk,~4JJ-6 k tJ..~f/,
COMMONWEALTH OF PENNSYLVANIA }Ii.,',.-COUNTY OF r~~'L .:"';~....._._S8:
I,:.~--'~,'~':'f\..."-.HEREBY CERTln',THAT.TO THE DEar OF
MY KNOWLf:OGE AND BELIEF,THE F'ORI'GOING IS A ~U.ST ~NO TfUE OrMEMENI ~F DE6T~,FUNERAL EXPENSES AND EXPENSf:S 0'"I
ADMINISTRATION SUDMITTED TO THE:ESTATE OF'.,,,./0:'-~,-'.'"0·......"r •.,-c._'r _..oCCUGED.AS DEOUCTIONli FOR I
INHIZRI1'ANCE TAX PURPOSES.( ,~\
-It -;t:t - \ 'V....;..-<.....L'I.,_~--!·A !'J.:..~(L.6.)Ii
SWORN AND GUBSCRIB,.p IIEFORE In:THIS ~-DAY 0"'\'
,.-..,~"I l'It')ot:''1 18 p
--.,_..--.•-__e.....Q_.._,~..J-.,......_:.:..:-(_-2.~.
KDONALD WHnEN,NotMY Pub.'ic
Burgothtown,WOli,ington Co"P.o.
My Comrni.d"n txpircs t·A"rch 4,19n
~,
I '.~1,!d.ii'lht.:t,t{lD~;TIONS ALLOWEDirorrnf1CC:10 IN,.
THE SUM OF .~..........$~..)V '~/b 7.OFl'IC£OF THE •STATEMENT OF DEBTS•.RE:GISTl.R OF WILLS ~~J~i;~.~{!~?~Viashin~ton AND DEDUCTIONS
OF'COUNTY SU PPLENBNtfll-.AND AGENT OF THE COMMONWliALTH
r.J 1-:..7l~1 0 I (l Lt AA.l"'''''ol:::;~..h--..,;,-\..,
V"}'ttl r •
ESTATE OF GahrioJo E.H.u-1no LATE OF i 'JI:'1)ng on,I\:nnt eI.
DATE OF FILING APPRAISEMENT DATi OF DEATH Octobet'6~]96]
DATP:NO.OF HAMIi:01'":PAYEE REMARKa A"'OUNTVOUCH"1'l
2-11 66 Josephine :nouglas,Register of \':p.lls ;116 00
I)-I)::."t-'Ii'.T il",,:-,~T",...,,-·,l'1"'"""Tr>n"..r p",hrl no
5-26 ~66 James B.AUld,Preperation oi~in ~ome tax 5 00
f-~'~A 'Ii'.r Un...".,........T".....~......AO l...~,A , ,•.r--ifo\",.,,','U .,.....
11-4-68 F J.Bnd::2ey Inaurcnce Agency,boo~d 20 :)0.....................,....,...,.-,..oJ -V -c.'V7 •v ....u ..."........oY oW."'.....Q,I........"\,._",.,v I''''V;J r·AI
10-0-69 Uurrol10 Printing COi'l!'any 114 ~8~(;;-r:-(I)l'lJ J·)Ui:;,-...l.;~.In:.;u.:t.(-'-I1";U l-.Lt.:H~tY'UU 11U <>;:>fJU
11-6-70 F J B~lCkloir Inr,urance Ar:encv"bo ~d 20 M
1-2 -71 Rurmell !larino,:f<:'.egister,filing account 18 PO,_?_71 'i'lln"'~.T.'T'Ar-.l1t/'C'!.l:~n.~(1"1t..~:<hr::mr:Ad ?n It:l!
7-1 i>-71 F J Buc1::1ey Insurance AeencyJ bo ~d 65 bo
I),.'7"l 't'f n,,_l..'l ........T"''''n.....T'l,.O IIf"'tOl..........l-,,,1-4 "l":,'V\
-...-...."'.-,-...,-6-7 72 F J Buckley Insurcmce ArrencytJ boIld 65 PO~.,.'"l"'.,,..,...,.
..iJ,V••=O <J",............I -""'1.u H~'<-.........-.........,e -"";;;lI
appeal 525 00..,
lm~)se.u.f~UrJ..uu,".lUI·1\.\/el..,(.;UJI"~(j,II VoL 1/V.;>-,J.-J.lIJ.~(po
5-2i -66 Inturnat ~vonua Service 520 00
6-2P-66 Intern!l1 ,Revenue SeriTiC5 164.1~2
(,_,(-h7 T,,~)_.....~,Rrour,m,n SP't'"if"A [~~IIr::1'.12-
9-9 ~8 Internal !I..evenue Service 1242071
T.&,~<.·....,~R .l,n ,,,,1 b,
I Thomas J.Terputac,l.:sq.,reirJbufosement for Aci"!linistration costs:-
I Fi.,-;nlT n11 <Y-:!r in re-c-:trn't"m1m of 1"0;'11_.\.?_~"
I
~'rRR1 pai-.!>t.A tr:m~fer stfLi1PS 7.rv\
I
!tJ.IlffilT,vnu.COSli5 O~tI.L·u.u;;,1"."'lJ II CJ;aUU;l,'v ••..:........,"IU 'j•.LlJ 1U po....
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,
COMMONWEALTH OF PENNSYLVANIA.}81:COUNTY OF \"Wihin["ton .
.,I,RuSfiQU IhrinQ HEREBY CERTIFY.THAT.TO THE 9EOT Of"
I MY KNOWLEDGE AND BELIEF,TH!!:FOREGOING 16 /It.JUST AND TRU F.STATEMENT 01'DEBTS,FUNERAL EXPENSES AND EXPENSES 01"
I ADMINISTRATION SUBMITTED TO TH"£ESTATE OF (jabrie)e E.!."rt?~l~;CAU=::':'~I
INHERITANCE TAX PURPOSES.
SWORN 'liD SUBSCRIBED BEFORE ).liE THiS .6 9d -..i
DAY Of"•
;.1.~1.L •-:r-,g ...2.!::::-
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Wy tr:-m tlflrr.:;first Mr.~~.y,Jatf.•1916
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J .--~-~peliv~r--t~~~Ssee ooJy
PLEASE FURNISH SERVICE(S)INDICATED BY CHECKED BLOCK(S).
REQUIRED FEE(S)PAID.
O Show to whom,date and address IVl Deliver ONLY
where delivered ~to addressee
SIGNATUREOF ADDRESSEE'S AGENT,IF ANY
SHOW WHERE DELIVERED (only if fr'1uuted)
05&-1G-716411-)1 3U-1gS GI'O
'*'
,.';;'i LO Addressee 0")"-..~...
",..
--;;._,,;-r I:"
REGISr£RED NO.
CERTIFIED NO.
357472
INSURED NO.
D.HE DELIVERED
~''''~'5 i'",.~1 MI.
"POSTMARK 0,,"DELIVERING OFFICE
-~.-.;::)<'r.-.~.....:.~
POST OFFICE DEPARTMENT
•.~OFFICIAL BUSINESS
...
~.
~
'1-.,__.~_.~-~~~~
Russell Marino,
Register or Wills and Ex-Officio
Clerk O.C.,
Court House,
WASHINGTON,PA.,l5301
1-------------m~
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E\;110
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Print your name a~d address below.If you want to
restrict delivery,or.to have the address of deliveryshownonthisreceipt,check block(s)on other side.Moisten gummed ends and attach this card to back ofarticle.ir RETURN
TO
----~----------------..
N~-6410 Washington,Pa.,"',jJt..dJ-T ,19..2L-
OFFICE OF
REGISTER OF WILLS
Per Am
1
ATTORNEY
I I y.".....,...,v b"'<~,.....pyI=--'ADMINISTRATOR
EXECUTOR
r vC -,y.{'7~'\.4./''-Ao'Deceased,
County - - - - -$," .'t
State -••- - - -$CJ-o
...$IfTotal_.-
JW"""'Y'A "XU""'"(/'""',)DOLLARS
~2
1".,..-'---.-------11IIII
("e,'"
..~~,1 9.0 0
t "1 0.0 0
6.,6 0
1,5 7 4.20
20.00
1 1.00
2 5.0 0
30.00
7 5.4 6
1 1.9 4
25.00
58.75
1 1.00
27.4 6
2 3.00
6.6 0
6 9.09
1 6.1 2
2 0.0 0
6.6 0
1 7 5.0 0
7 2 6.1 7
1 7 5.0 0
20.00
7.0 0
6.6 0
1 0.0 0
2 1.00
6 2 5.00
3 50.0 0
1 9 4.4 0
1 6.0 0
47.00
25.00
4 0.00
5.0 0
1 0 5.0 0
20.00
6 5.0 0
6 5.00
20.00
1 2.70
3 8.70
2.7 9 0.0 0
1.5 0 0.0 0
9.t 06.3 9 T
J(See other side)
•0"0,'~70 0-307:~.
OPTIONAL SU'ltES FOR AOOITIONAl FEES
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RECEIPT With delivery to addressee only 65¢
2.SII.ws tl wlllm,date and wll.r.deliver.d ..3S\ISERVICESWithdeliverytoaddresseeonlySSt
DELIVER TO ADDRESSEE ONly SOt
SPECIAL DELIVERY (extra f_.equired)
RECEIPT FOR CERTIFIED MAIL-30r (plus postage)I
i __•._ _•I ftll
•PS'Fo';"3800 NO INSURANCE COVERAGE PROVIDED-
Nov.1971 NOT fOR INTERNATIONAL MAIL
cz
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STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (fIrst class or airmail),
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front)....n-,•
1.If you want this receipt postmarked,stick the 2ummed stub on the left portion of the address
side of the article,leavlnc the receipt attached,and present the article at II P()$t office seTVlce
window or hand ilIa your rural carrier.(no exIra charge)
2.If you do not want thiS recelel ooslmorkeo slick the gummed stub on Ihe-Ieft portion of Ihe
aodress sloe a!l~e ,artiCle cale:~etocn "ne ;eloln trle receiN.and maillhe article.Jt•.'~.
3.Ii YOU wanl areturn fecelO!.'Mlle;:.~e certlfrec!mall numDer and'your name and address ana
relurn recelD!car{j.FOlm 3Ell:ane attacn ,t to the back of the'article oy means of ~ti'e"gummed •
ends.Endolse trent of article,RE!.~RN RECEIPT REQUESTED.t'[!'J
4:If you want the article delivered only to the address!',e,endorse it on the front DELIVER TO
ADDRESSEE ONLY.Place the same endorsement il\line 2 of the rp.turn receipt card if that
service is requested.\,'L.••
S.Save this receipt and present it if you make inquiry.
-------
SENDER:Be sure Ie:follow instructions on other side
PLEASE FURNISH SERVICE(S)INDICATED BY CHECKED BLOCK(S)
(Additional charges requircd for these serviccs)
n Show to whom.date and address
where delivered
\VtlLY'1 reques<od,and include ZIP Code)....._-.-
SIGNATURE OF ADDRESSEE'S AGENT,IF ANY
~A-~~.
•r"nr'"nrl...rn,....I ......._I__·~._...._
RECEIPT
Received the numbered artic:le described below
SIGtiATURE OR MME OF ADDRESSEE (Must always be fillcd in)
CERTIFIED NO.
/01
DATE DELIVERED
REGISTERED tiD.
------------
Postmark of Delivering Office
-at ~
~~~PENoAt:'r'I'"'1'O'fto.a&1W!11.SW'l'e ~~_I
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OFFICIAL BUSINESS
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SENDER INSTRUCTIONS
Print in the space below your name,address,including ZIP Code.
•If special services are desired,check block(s)on other side.
•Moisten gummed ends and attach to back of article•
RETURN
TO
/
.~/)~£,I.','
2 5 o 0
4 0 o 0
5 o 0
1 0 500
2 o 0 0
6 500
1 1 478
6 5 0 0
2 o 0 0
1 8 0 0
2 0 8 4
6 500
2 000
6 5 0 0
5 2 500
1 7 0 0
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1 6 4 8 2
5 5 4 5 3 2
1 1 0 4 3 1
1 8 6 0
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II
'I
I
'.IN THE COURT OF COMJVION PLEAS OF WASHINGTON COUNTY I PENNA.
ORPHANS'COURT DNISION ,
II
II!
. I
No.1 Partition of 1966
(
)
(
)
(
)
(
),
(
DECREE
m RE:
GABRIELE E.MARmO,a/k/a
G.E.MARmo,
I Estate of
!Deceased.
IIIII .
.1,AND NOW,July /p ,1972,it appearing that this Court ordered
IIII the real estate of decedent be sold at a sale limited to the heirs and
II .
iidistributees of G.E.Marino,and that said sale was conducted in open court
ilon Thursday,December 10,1970;that the highest bid received at said sale
I·Iwas made by Russe11 Marino,adminis trator of decedent's estate who was
Ii permitted by court order to engage in the bidding;that all the terms of sale
Ihave been complied with,I ..
I NOW,THEREFORE,IT IS DECREED AND ORDERED
li that a proper deed of conveyance for the tract of land described in the petition
I'and the Order of Sale be executed,acknowledged and delivered to Russell JI.
I Marino by John Hana,Audit Clerk of the Orphans I Court,as grantor,inasmucI.I.
IIas Russell Marino is the administrator of the estate and the present Clerk ofI...
I,the Orphans I Court.
III
II
ArEOld D.Smorto
Specially Presiding
i
IIIi,
I
IJ
.
,-'~
.,
!'
"j
"I'j!
I,
"I!.'",
!;
(J'()7.'\-'V
\......J '-'/.."..:\
I
I
I
Ii
ORDER AUTHORIZING ADMThTISTRATOR TO RENOUNCE UNLIQUIDATED
CLAIM:OF ES'l'ATE IN CONDEMNATION ACTION AJ\1])PROCEEDS
\
\
I·1
I
1
I
No.1 Partition of 1966
(
)
.(
)
(
)
(
)'
(
Estate of
IN RE:
:,IN THE COURT OF C01v11VION PLEAS OF "VASHlliGTON COUNTY I PENNA.
i!ORPHANS'COURT DIVISION;,
!I
:1;jil
,i
:1:1
Ii\'
GABRIELE E.:MARillO 1 a/k/aI,1/I'Go E.WillINO,
.1Ii .:!Deceasedo
I!.Ii
I'
II
II
IIII AND NOW 1 JUly J7,1972,it appearing to the Court that a Pe~ition
1'1'was filed on February 2,1971 ,"r~questing authorization to re'nounce an
I . .i!unliquidated claim in a condemnation action by the Pennsylvania Department
II of Highways,.and that because of matters pending in the settlement of the
II'.
j:1 estate at that time,no decision was rendered by the Court on the prayer of,.
'III said petition,
II NOW I THER EFORE,.
II a fi~al account In this estate having been filed,and audited by the Court onII
i!JUly 6,1972,and all estate matters having been disposed.of except .the said
q .
il matter of the condemnation proceeding,
!I·IT JS HEREBY ORDERED AND DECREED
I'III that Russell Marino,Administrator of the Estate of G.E.Marino,deceased,
I
Iis hereby authorized and di.rected to abandon and renounce the unliquidated I
I:claim of said estate in the condemnation action pending at No o 41 January Term,~..,~..
1/1969,in the Court of Common Pleas of Washington County,Pennsylvania,
II'concerning the appropriation of about two and one-half acres of surface landI. 'II
ilon January 10,1969;
r'.
I·.
I
!
_...'...
-2-
.pr;Old D.Smorto,P.J.
Specially Presiding
No prejudice shall result to the estate or to the heirs of decedent;
I
.I
Pennsylvania Department of Transportation)as a fair estimate of the damages:.I
incurred..I,
Ij~r\"·1
B T the "ourt,'\.'-:<JiI"u=ac''--:
'~~!'".....II.f'i8;:..~,=All IF)Y~l~~tJ-y·V '~.:::y?v t Lti:}I,.
,:.,!,
.,,:
'I
I
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III
III
I
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i
:i the sum of $4295 paid into Court by the Commonwealth as estimated just !I';I.'..
::compensation and now retained by the Prothonotary,shall be distributed to the
Ji".'.~I
H ' .
;1 five heirs.of decedent,equally,on demand of each heir for his one-fifth shar,
':thereof..''.I
'i:It.is the intent of this Order to permit the administrator to completely
:1 renounce all rights in the condemnation case'insofar as the esta'te is concerne~
Ii I
'j I'I and to effectively discontinue any action of the said estate .therein,to the end I
I,I
!I iIithatfinaldistributionmaybemadeoftheremainingassetsofthisdecedenti
;1il who died more than ten years ago.
il:,The rights and interest of the heirs in said condemnation proceeding I,
II and proceeds shall not be prejudiced by this order;each heir may pursue his I
II I'I,
I'I!remedy to continue the action at No.41 January Term,1969,in the Court of I
!i Common Pleas of ViJashington County,Pennsylvania,and secure damages '
!i I!i .,!I:beyond the amount paid into Court by.t~e said Department of Highways (now
Ii
:1
'IIII,,I
!\II
11
i!
'I'i
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,
PENNSYLVANIA
ORPHANS·COURT DIVISION
GABRIELE E.MARINO,
a/k/a G.E.MARINO,
IN BE:
ESTATB OF
)
)
)
)
)
)
)
Deceased.)
NO.292 OF 1964,A.A.
NO.1 PARTITION OF 1966
NO.101 OF 1971
SECOND AND FINAL
ACCOUNT OF RUSSELL MARINO.ADMINISTRATOR OF
THE ESTATE OF CABHlELE E.MARINO,a/k/a G.E.MARINO,DEC.
Period Covered:september 17,1964 throup January 10,19'11
The Accountant Charges Him8eU as Follows:
Persona1t,.(Cuh -as per AdJQdicat~onand Decree
dated September 17,IG64)$12,043.30
Real Estate -South Strabane Township,W.8b1ngton
County,Pennsylvania -as per Adjudication and Decree
dated September 17,19G4 was $3,500.00.Real estate
.originally consiated of 12.810 acres subject to
appropriations by t be Commonwealth of Pennsylvania
lor highway purpOtles.Aa a result of Declaration of
Taklna filed en January 10,1989,the Commonwealth
deposited the aum of $4,295.00 with the Prothonotal'J
repre8entln,tbe amount of Juat compenaation alleged
to be due tbe condemnees as per Order of Court of
Common Pleas.Ae per Order of Court dated Dec.10,
l8TO,real estate was sold to Ru.sell Manno tor $.700.00.
Down payment of $70.00 Was made to the Eatate by
Ruaaell Marino;however,said sale is now 8ubject to
a.Petition tor Supersedeu filed by Anthony L.'Marino.70.00
Additional Asset.of E8tate:
12/3184
6/30/65
8/1/65
12/31/es
6/30/86
First Federal Savings &Loan Auoclatlon.
Dividends to 31 December 1904
Fl1"11t Federal Savinp •Loan Association,
Dividends to 30 June 1(165
Depo.lt on Refund ot Tax Adjustment
First Federal Savings &Loan Association,
Dividends to 31 December 1965
Flret Federal Savings 6.Loan Association.
Dividends to 30 June 1965
120.43
241.40 ~26.8'1 I
244.00 I!
233.03 ,
It..
12/31/66 First Federal SavingB &Loan AS8ociation.
Dividends to 31 December 1966 •265.46
'6/30/67 First Federal Savin.&Loan Association.
Dividends to SO June 1967 211.42
12/81/67 First ~ederal Savinp &.Loan Association,
Dividends to 31 December 1967 274.81
6/30/68 First Federal Savings &Loan Assoelation.
Dividends to 30 June 11S8 155.86
4/29/69 First Federal 'Sav1nla &.Loan Association,
Dividends to December 31,1988 -125.86
4/29/69 First Federal Savin,.&Loan AesoCiation.
Dividends to 31 March 1969 67.92
1/2S/69 ,First Federal Savings &Loan Association,
Dividends to SO June 1969 67.66
9/S0/69 First Federal Savings &;Loan Association.
Dividends to SO September 1969 68.47
12/31/69 First Federal Savings &Loan Association.
Dividends to 31 December 1969 61.92
1/15i10 U.S.TteBSUry,Tax Refund.Check'
75152416 plWl interest 138.40J'
I!
7/15/10 First It'ederal Savings &Loan Association,
Dividend.to 31 March 1970 71.94
7/15/70 First ~ederal Sav1ng8 &Loan Aasoc1ation.
Dividends to 30 June 1970 72.84
'10/15/70 First Federal Savings &Loan ASlIociatlon.
Dividends to 30 Septe~ber 1970 74.26
12/8/70 Reimbursement,Estate Costa,Thomas
J.Terputac 128.78
1/7/71 First Vederal Savlnga &.Loan Association.75.39
Dividends to SO December,19'10
Total Assets $14,901.02
The Accountant take.credit lor the follOWing disburse~entB:
~
3/22 W.E.Pound,taxes $22.00
S/22 w.E.Pound,taxes •3.85
4/30 Delmer C.Larkin.School Tax 67.78
8/31 Russell Marino,County Treasurer,taxes 25.54
8/31 Delmer C.Larkin,Road Tax 12.61
a/Sl Delmer C.Larkin.School Tax 82.00
11/22 Murray A.Bronson,taDs 5.20
11/22 .Murray A.Bronaon,taxes 34.11
19G6_.
2/11 Josephine Doullas,Register of Willa-25.00
•2/25 F.J.B'!Ckley Insurance Agency,bond 40.00
5/!6 James B.Aald,preparation of Income Tax 5.00
5/26 Internal Revenue Service 520.00
6/22 Rus.ell Marino,Co.Treasurer.taxes 24.07
&/22 Internal RevenlJe SerYlce 184.82
8/22 Delmer c.Larkin.taxes 12.42
12/8 DelIner C.LarkUl,taxea 88.88
1981-
7/12 RU8sell Marino,county Treasurer,taxea 24.01
1/12 Delmer C.Larkin,ta.a 12.42
lOllS Delmer C.Larkin.taxe.85.14-
1968-
5/28 Delmer C.Larkin.taxes (road)15.96
6/17 Internal Revenue service 5,545.32
S/l Malcolm .Morgan.County Treuurer,tazes 21.51
9/9 Internal Revenue service 1,242.71
9/9 Delmer C.Larkm.School Tu 94.01
10/11 F.J.Buckley ln8urance Aaency,bond 105.00
11/14 F.J.Buckley InBl1r&nce Aeency.bond 20.00
-
f m4i $5up:rttttt Qtllurt llf lJttttt!fl!hrnmn
JlItsurn ~isfrnt
PATRICK N.BOl.SINGER
PROTHONOTARY
HELEN D.STEl':I-E
DEPUTY PROTHONOTARY
PITTSBURGH,PA.
15219
June 23,1969
Clerk of Orphans'Court
County of Washington
Court House
Washington,Pa.15301
Re:Estate of Gabriel E.Marino
No.200 March Term,1969
Dear Sir:
Inasmuch as Edward Munce,Esq.,
Attorney for the appellant in the above en-
titled case,has requested me to send the
record in this case to the printer,I would
appreciate your sending the record to me,
duly certified by the trial jUdge.(Your
No.1 Partition of 1966.)
Very truly yours,
~_f).~,-
DEPUTY PROTHONOTARY
HS:EP
cc:Edward Munce,Esq.
'if~'
I. .I
"Ql)ffict cf 'ft'c!1tcncia:tl:!:.A':'~-
o ~
W!tt ~ttllt'ttttt Qlcurl .of lltnngl!bta~a 0
lliUabt,-t:tg!r,lla.'.. .
~
July 16,1969.
Office of Protronotary
Supreme ~ourt of J anns11vania,
Pittsburgh,Pa.,15219.
ATTENTION:HELEN D.STEELE,DBP.PRO.
m RE:ERTATE OF GABRIEL E.MARIIO
NO.200 March Term,1969
ti ourt below)
DeaI-Madeu
Per 10ur letter of June 23,1969,we are
enclosing the papers pertain1ng to the record in the
above proceedings,duly certified by the trial judge,
tor your further attention.
Very tru11 yours,
Russell Marino
Clerk O,C.Diviston
RM:tkh
Encl.
July 16,1969 #1ct:,-t;1
Maikdqe~istered Mail-
Return 1eceipt-to above
a.ddress.
,,~ft-
"
July 16,1969.
Office of Pr~tronctary
.Supreme ~ourt of I .3nnsylvania,
Pittsburgh,Pa.~.15219.
ATTENTION:HELEN .D.STEELE,DEP.PRO •
.IN R E:E'~TATE OF GABRIEL E.l1AJINO
HOQ 2CO ~~arch Term,1969
Fa,1 Partjtion of 1966 (In £ourt below)
Dear Madam:
Per your letter of June 23,1969,we are
enclosing the papers pertaj.ning to the record'in tho
above proceeding~,duly certified by the trial judge,
for your further attention.
Very truly'yours,
Rl1:fkb.
Encl.-rr
July 16,1969 ;f.{,f..,l:J1
Maikdqegistered Mail~
Return Receipt-to above
address.fP~.lL.'f1-
Russell 1'1a.rino
Cle~k O.C •.Division'
Edward Munce,Esq.
P.O.Box 3265
118 North Office Bldg.
Harrisburg,Pa.17120
~r:~
Clerk
Orphans'Court Division
Washington,Pa.15301
.r'"""-'..--~~--_.,.-~-"-
____.,.r ..'«..;'/,
..;,.
IN THE ORPHANS I COURT OF WASHINGTON COUNTY,PENNSYLVANIA
Estate of
BABRIELE E.MARINO,also
!mown as G•.E.MARINO,
Deceased
••
••
NO.292
OF 1964,A.A.
TO THE CLERK:
ORDER FOR ENTRY OF APPEARANCE
(
;.
Please enter my appearance f<;>r ANTHONY L.MARINO,
one of the heirs in the captioned estate.
'f
..
/
IN THE ORPHANS'COURT OF WASHING_
TON COUNTY,PENNSYLVANIA
No.292 of 1964,A.A•
Estate of
GABRIELE E.MARINO,also
known as G.E.MARINO,
Deceased
ORDER FOji ENTRY OF APPEARANCE
"~,
".-~
Miles Warner
1401 FLnance BUilding
Philadelphia,Pennsylvania 19102
LOcust 8-5490
e3 1---c.f-t.J y c
•
L.OCUST 8-5400
MILES WARNER
SUITE 1401
FINANCE BUIl.DINa
1428 SOUTH PENN SQUARE
PHIL.ADEL.PHIA 2.PENNSYL.VANIA
July 7,1966
~,.l
,.
COUNSEL.LOR AT L.Aw
ANO
PROCTOR IN ADMIRAL.TV
Bel ESBa~!of Gabriele E.MA~o.Deoeasedl our tIle 1"0O••,WashIngton County,o.202 of 1964.A.A.
Honorable 'Bl)arles D.Copeland.Pres1dent Judge
~he Orphans'Court of Westmore1anA County
Court House,Greensburg,PennsylvanIa
Dear JUdge Copeland:
I enolose herewIth a true and correot copy ot'ml ap-
pearanoe for Anthony L.!ar1no.one ot the helrs In the above
matter.The orIginal of th1s enclosure,together wlth a copy
ot thls letter,ls thIs day belDa sent to the Clerk with re-
quest that 1t be fl~ed of l'ecord.Other oop1eB of.thIs letter.
with ooples of the encloeure.are thls day being sent t~o Edward
V.Solamanna,Eequlre,attorney for the admlnlstrator RUtS81l
Mar1no,and 1;0 the other helrs,Ralph Marino,Tere81na Mar1no,
and Hon.P.V.Mar1no.We understand that the other helrs are
not represented of record..
It 18 the underslgned's lntentlon to be present wlthhiscllentthlsoomingMonday,JulJ 11,at the CourtHouse ln
Washington,to attend thehear1ng wblch Your BonoI'baa oon,.ened.
Untll,however,we have had an opportunlty to rev1ew the dooket
entrles 1n thls matter (tor wh1ch we have sent)and ts emlllne
the prooeedings wblch are of record,we shall not be prepared
to take deflnltlve posltlons on behalf of our ollent.I there-tore venture to hope that at the tortheolling hear1ng Xour Honor
will take no aot1on whlch w111 oonclude or forecloS8the rights
of any party,without that party's oonsent.I am authorized by
Mr.Sc1amanna to sar that he does not obJeot to the suggestion
oonta1ned 1n tbe preoed1ng sentence.
This ottice wlll do all in its power to bring this
matter to a speedy and 3ust oonolu81on.
Wlth great respeot,I am
Sincerely yours,
lSI .w~Warner
Mlles Warner
NO.292 of 1964 A.A.
'tl
ESTATE OF GABRIELE E.MARINO,e~
OlD'Tll'l _
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1
i
ORDER FOR ENTRY OF APPEARANC E
-----...
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~-,.
•
ESTATE OF No.__6....,3"J-'-=-7,......)'-"..~J......O.....]_
j·;gr;'"a ,a/"V:./a Jn the matter of the·_---'S=e"'-.:c"'-Q~nu.;(lo4.~_·w.9Du..(lo,Ll_"C1.....t .J..jDJ.l.l;l..F!..L"
deceased.
Account of_~R~uu.su;su;e'-ll-lJ--i,;]\f.l.C'8:..J.r.:....J;u.D.u..O.l---_
Administrator
ADJUDICATION AND DECREE
And now A1lp'1ls t :3 / ,19+2-,this matter came on for hearing,
audit and distribution at this session and testimony taken;and thereupon,upon due cons i deration'
thereof of the balance for distribution in the hands of the Accountant is determined to be
$J ,998.}8 and the account is accor .gly confirmed;and it is ordered,
adjudged and decreed that the said balance be paid out by t ccountan'accordance with the
schedule of disribution hereto attached and made part he of,unless e cepti s hereto be filed
sec.reg.or C?n appeal be taken herefrom sec.leg.
Specially Presiding
SCHEDULE OF DISTRIBUTION
i.
Thomas J.Terputac,Esq.,reimbursement for .:-
Filing order in re:Straw-man conveyance
of real estate $2.50irealestatetransferstamns7.00
J.Hammond,costs of transcript of a~dit
hearing 9.10
Debit -Unliquidated claim in condenmation
action by Pennsylvania Department of
Highways,pending at :f\To.4l January Term~
1969,in the Court of Common Pleas of
Washington County,Pennsylvania,upon
which there has been paid into-Court
by the Commonwealth as estimated just
comnensation the sum of $4295.00
-Balance of purchase price from sale
of real estate Decreed by Order of
Court under date of December 10,
1970 under Section 734 of the Fidu-
ciaries Act (see order of Court under
date of July 6,1972 at No.1 Parti-
tion of 1966)-(the down payment of
$70.00 or 10~thereon having been al-
ready charged in the accounting)630.00
18.60-
1,437.78
!
;1
II
I
I
I
R...~imburs('r](')t:to tIle'··::~t!"l t~i'y
Iinc,)'!':('ll :;r~r1 r)()of )./2 of't::1G .
1 0'12 ~en1 ('"tn~ft ~,v~n n~SI'~"~(l,;J.U .o....'\.l l/l';V~~..l'-..•-'C'\.J \,i,-,,,,f
arntn9t the 0~tntc of thc dc-
cp-d(mt,~1.~6
_._-~--_.
h.9Li.8.1
..
---~
,..I!
Delmer Larkin,S.Str8b8ne 'l'OYJrl:hi.D i.nx
collec~or,School tax for 1972,credit to be
t~ken by the accountant for funds advanced
urior to distribution by the Court,33.9
Credit to.be taken by the Accountant -Fi.d1J.ci~ry
for runds deposited by the Pennsylvania Depart-
ment of Highw~ys in the Court of Co~~on Pleas
of Washington County ~ennsylvania at No.41
January Term,1969,representing estimated just
compensation for condemnation action at said
Number and Term -funds aforesBid being the
subject of an Order of the Court under date of
July 17,1972 and filed to No.1 Partition
of 1966,.'4295.00
6,352.15
Russell Marino,brother,1/5 balance,
p.Vincent Marino,brother,liS Qalance,
Ralph N~rino,brother,1/5 balance,
Teresina Marino,sister,'l/~halance,
Anthony L.Marino,brother,1/5 balance,
411.1!.3
411.43
411.43
411:.43
No balance
It e~uears to the Court that the t~ansfer
tax in this estate may be over uaid.The
surcharge entered,as it would appear hi?
for a Fiduciary to be able to anticipate
ordinary circumstances that have contribu
overpayment,however,the Fiduciary is in
file a claim with the pro~er authorities
quest a refund of the taxes overpaid and
received,he shal~distribute the funds t
legally entitled as set forth above in th
tion of the balance,and the filing of re
the heirs or the cancelled checks or mach
thereof shall act as a discharge of the i
further formal accounting of the fund to
shall be necessaryo
inherita ce
e is no
ly unusual
he extra-
ed to th's
true ted 0
nd to re-
f and rJ en
the hei s
distrib -
ei-pts fr m
ne copie
em,and 0
he Court
..-
,,'
,-I"---...
..
-..J..."'"V)-n,r-~
fT}
o...
Itt t11r illU1tJ:t llf QI.nutuwtt ~,jlrus of rnasl]ittgtuu Qhuut'ty,
i11~11tt~1!Jluutttu,®rvlFll1~1'Qrl1urt Dinhliou
ESTATE OF No.63-71 -J 0]
F9rino,In the rna tter 0 f the_---'S=·.=c.>o<.c..><;Q......n~d............rJ.....n......d"---"'F-'·i.....D.u:B:.L..,L.l
G.E.Harino
deceased.
Account of_--"-R'-"u.....Su.sw.e'-'.l~J---l.f-:T"""!::l.....r......i....nu.Q"--_
Administrator
ADJUDICATION AND DECREE
And now AIlp'ust 3 /,'19.+2-,this matter came on for hearing,
audit and distribution at this session and testimony taken;and thereupon,upon due consideration
thereof of the balance for distribution in the hands of the Accountant is determined to be
$J ,998.}8 and the account is accor .gly confirmed;and it is ordered,
adjudged and decreed that the said balance be paid out by t ccountan'accordance with the
schedule of disribution hereto attached and made part he of;unless e cepti s hereto be filed
.sec.reg.or an appeal be taken herefrom sec.leg.
Specially Presiding
SCHEDULE OF DISTRIBUTION
Balance per account _
Additional debit asked at audit'
Additional credit asked at audit
Balance _
Deduct Clerk's Costs &Receipt;:,..s "'--__
Attomey T.....h............omLUUoa.....s--&,l,I....---lT...<;e.....r--±p......l.....l tu.cB;uC'"'--_
'l'homasJ.Terputac,Esq~,extraordinary services,
defending against appea1~.525.00
1,456.38
Thomas J.Terputac,Esq.,reimbursement for .:-
Filing order in re:Straw-man conve~ance
or real estate ~$2.50!real estate transfer stamns 7.00
J.Hammond,costs of transcript of audit
hearing 9~10
Debit -Unliquidated claim in condemnation
action by Pennsylvania Department of
Highways,pending at No.41 January Term~
1969,in the Court of Common Pleas of
vlashington County,Pennsylvania,upon
which there has been paid into Court
by the Commonwealth as estimated just
comnensation the sum of $4295.00
-Balance of purchase price from sale
of real estate Decreed by Order of
Court under date of December 10,
1970 under Section 734 of the Fidu-
ciaries Act (see order of Court under
date of July 6,1972 at No.1 Parti-
tion of 1966)-(the down payment of
$70.00 or 10%thereon having been al-
reedy charged in the accounting)630.00
18.60·
1,L~37.78
I
I
~I
Delmer Larkin,g~StrabAne Town~hin tax
collector,School tBX for 1972,credit to be
taken by the·accountant for funds advanced
urior to distritution by the Court,
".....'~""'4._.~'"Ii"J-__---'I"'".....'....,..••
-Hf3iln:).lr-g-~r1..e1t to th.~estate bv
:hl.s~'t:'ll !:tRrino of }.I2 of the ,-
1972 real estRte taxeR Asscss~d
era~nst the estate of the de-
c edplJ.t.·...21.16.----_.
3).9
J
'.
6,3G6.11~
6,352.15
ItI
Credit to be taken by the Accountant -Fiduciary
for funds deposited.by the Pennsylvania Depart-
ment of !IighH::ys in the Court of Com.rnon Pleas
of Washington County Pennsylvania at No.41
January Term,1969~representing estimated just
compensation for condemnation action at said
Number and Term -funds aforesaid being the
subject of an Order of'the Court under date of
July 17,1972 and riled to No.1 Partition
of 1966,4295.00
R~ssell Marino,brother,1/5 balance,
p.Vincent Marino,brother,1/5 balance,
Ralph M~rino,brother,1/5 balance,
Teresina Marino,sister,'1/5 balance,
Anthony L.Marino,brother,1/5 balance,
4l1 •.~.3
411.43
411.43
411:.43
No balance
NOTE:It anuears to the Court that the transfer
tax i~this estate may be over uaid.The
surcharge entered,as it would appear hig
f'or a Fiduciary to be able to anticipate
ordinary circumstances that have contribu
overpayment,however,the Fiduciary is in
f'ile a claim with the proner authorities
quest a refund of'the taxes over~aid and
received,he shal+distribute the funds t
legally entitled as set forth above in th
tion of'the balance,and the filing of re
the heirs or the cancelled checks or mach
thereof'shall act as a discharge of the i
further formal accounting of the fund to
shall be necessaryo
inherita ce
e is no
1y unUSll 1
he extra-
ed to t 's
true ted 0
nd to re-
f and 'W en
the hei 's
distrib -
eil;>ts fr m
ne copie
em,and 0
he Court
,
.."-.J
'"(/)-I"T"l ~-0.m
en t"':"J...,
'.":::::c
..r::'
,
In t4t Qtum uf QtuttUlUtn 'uas nf JlfallfPngtnn Qhmnty,
'tnnllg1nania,Qt)rp4anll'Qtum Iintllinn
ESTATE OF No~-""~J-';?F.jJ.",-.j,l1.0~11r--------
In the matter of the Sa.and Gad rSaal
Account of__Ru l l~MwD~pS.Q~OJ-----
Adglnl.tratop
ADJUDICATION AND DECREE
And now ~••,'19!Ja-,this matter come on for hearing,
audit and distribution at 5session and testimony token;and thereupon,upon due consIderation
thereof of the balance for distribution in the hands of the Accountant is determined to be
$~~J1!and the account is accordingly confirmed;and it is ordered,
adju1'T an ;creed that the said balance be paid out by the Accountant in accordance with the
schedule of disribution hereto attached and mode part hereof,unless exceptions hereto be filed
sec.reg.or on appeal be token herefrom sec.leg.
SCHEDULE OF DISTRIBUTION
Balance per account _
Additional debit ••~4 .t .udlt
Add!.tionel .,recu.t •••4 .t .\ldIt
Balance;_
Deduct Clerk's Costs &Receipts,_
Attorney·------:1'h:m-~~.....A___J.l_r.",,:"':;;:'11••JlPpg;\I~UIlJ.D----------
ThnN8.J.T.p~ut.c,F..q~.extr.ord1naPJ .erY1c••
aerending ev,_lnut..~~~.1.
-"O'tllll.J.~"pnlJt.o.~~!lJt'••,...,blhup..."",-nt tor t-
11~'t top,ort'tA"In rp.t :~t-:-JtV"'''D oon...,..no.or ...1 ~.t.t.$2.~Oireal••,.t.t~n.r.r ata-n..1.00
.1.If.lmond.n"lta or t,..n.ottl~t or audit
h"plnp,9.1Q
Debit -~nltQuld.t~d 0181.1n cond~tlon
Actl~n b1 Penn.Jl••n~.De~.~~nt or
fHpb".ye,'Oflndtnf!at "0.til Jan,.".ry 1't'rft
lq,6Q.1n 'he Court or r.~mon '1•••or
W••h1n"ton Count,.,Penn.,l••ni.,upon
whlch th....haa benn o81d 1nto Court
by the C()ftlr.'lon"H.ltb .....tl.,.4 juat
cnM~.n••tl"n th*'UR ot 142q~.OO
•'.lano.or l)'1:-ahna..p,.'o.rro-••1.
~r pe.l ~.tAt~DeoPee4 h,OrdAr or
Court Imder date or nee.ab••10
1°10 under Sect ~_on 7)1..ot the ,14u-
ctarti••_ot (,fle ol-de,.nt Court untl.,.
d.te ot JUlvb,lQ72 .t WOt 1 ~.rtt-t~.on of'1 ql,(,')-1 the dcwnp.Y"'ent rtf
~70.0'np to!th~.,."on having bfllft pl-
~".dy chftrv;ttl1 In th.,.coo\1nttnp)6]0.00
$
2,'2~.6S
1.998.....)8
1,411.78
0
~
-+.>
m n :::s Z
VI
n 9
....0 ....
tr 0 c :r
(b :::s CD
Of
....
....0 0 3
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CD..,
0
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~
CD
:::Of
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on ftont of article RETURN RECEIPT REQUESTED.~TO
CITY,ZONE AND STATE
Washington,Pennsylvania
REGISTERED NO.NAME OF SENDER I
;Edward v.Sciamanna Es uire I
C!:mFIED NO.STREET AND NO.OR P.O.BOX
934310 222 Washington Trust Building I
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DELIVERED'•,".
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(@ffitr 'uf itgilit:e-r nf Dilla
RUSSELL MARINO
RI:GISTER OF WILLS AND EX·OFFICIO
CLERK OF THEORPHANS'COURT
DEPUTIES
GUY A,ROGERS
MARGARET GLASER
lU'a114iugtnu.ii.cU1tl1!Jl u&uta
~~
November 18,1970A
IN HE:ESTATE OF GABRIEL E.MARINO aka
G.E.MARINO,Deceased.-'l:-="~o-•....,,1:--o'"':'f~1":=:'9.,...6bYn PART.U!292 of i961+AA)
Mr.Thomns J.Terputac,
Attorney at Lm..,
Washington Trust Bldg.,
Washington,Penna.
Dear Hr.1'erputac:
Per your request of even date,we submit herewith
an i t.emized list of the Unpaid Items in said eDtate:
~11.00
1.50
2.50
Order re Hearing to Receive
and Cert.Copies Order
Order re continuance
Motion for Continuance
Order He Withdrawal of Atty.
Decree &Order to Disqualify
Order Re Assignment Hon.Charles
D.Copeland to Preside Specially,
2'.50
Bids
5.50
1.50
July 11
Sept.7
1966
March 29
April 28
April 26
l1aj-26
1968
!'1ay 23 Order re Additional Bond 1.00
1970
Nov.18 Order Settin~Hearing S.R.E.
Total Due - - -$18.00
'J'Very truly yours,
/)V~·
qFJ ~~Russell Marino,
rm/fkh Y)nA _,afJ Clerk O.C.Div'n.
)1 .7~~P 0IfIf/Yflb/t iP1A-1
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RUSSELL MARINO
REGISTER OF WILLS AND EX·OFFICIO
Cl.ERK OF THE ORPHANS'COURT
DEPUTIES
GUY A.ROGERS
MARGARET GLASER
3J'ttliqittgtUtl.~ttt1tgy1ttttttitt
~ll
November 18,1970.
IN RE:ESTATE OF GABRIEL E.MARINO aka
G.E.~A~INO,Deceased.
Mr.Thomas J.Terputac,
Attorney at Law,
WashinBton Trust Bldg.,
Washington,Penna.
Dear Mr.Terputac~No.1 of 1966 In PART.(f/292 of i9'64 AA)
Per your request of even date,we submit herewith
an i t.emized li st of the Unpaid Items in saj d estate:
1.00
~11.00
1•.50
2 •.50
Order re Hearing to Receive
and Cert.Copies Order
Order 1"0 continuance
Order re Additional Bond
Order Settin~Hearing S.R.E.
Motion for Continuance
Order Re Withdrawal of Atty.
Decree &Order to Disqualify
Order 11e Assignment Hon.Charles
D.Copeland to Preside Specially,
2.50
Bids
5.501.50
July 11
1966
}1arch 29
April 28
April 26
May 26
Sept.7
1968
Hay 23
1970
Nov.18
- - - - - - -$18.00
Very truly yours,
Russell Marino,
Clerk O.C.Divln.
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1204330
7 0 0 0
1 2 0 4 3
2 4 1 4 0
2 6 8 7
2 4 400
2 3 3 0 3
2 6 5 4 6
2 7 1 4 2
2 7 481
1 5 5 8 6
1 2 5 8 6
6 7 9 2
6 766
6 8 4 7
6 7 9 2
1 3 8 4 0
7 1 9 4
7 2 8 4
7 4 2 6
1 2 378
7 5 3 9
14901025
1 4 9 0 1 0 2 ~:~
2 2 0 0
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6 778
2 5 :3 4
1 267
6 2 0 8
520
:3 411
2 500
4 000
500
5 2 000
2 4 0 7
1 6 4 8 2
1 2 4 2
8 6 8 8
2 4 0 7
1 2 4 2
8 5 1 4
159 6
5 5 4 5 :3 2
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9 4 0 1
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2 000
159 6
8 1 2
6 5 0 0
6 0
1 1 478
:3 162
872
4 0 0
6 500
:3 099
2 000
1 270
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PAYMENT OF POSTAGE.$300
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INSURED NO.
\
Edward Munce
Attorney and Counae11or .at Law.
118 North Offi.ce Bui1di.ng-
P.O.Box 3265 . -
Harrisburg,Pa.17120
CERTIFIED
:No 568004]
MAl L CLERK
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Courthouse
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CLERK OF ORPHANS'COURT DIVISION
RUSSELL MARINO,CI.erls-.of Orphan.'Court Division
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I Proceedings In Supreme Court
I MARINO,Gabriel E.,aka Sept.of 1969
G.E.,dec'd
.----#1 of'1966 in--PART
____..__#__292_of1964 A.A.
1966.
3-29~Motlon-f'or -Contnce .-$I.OO-v-
4-28-0rderRe--Withdrawalof ----
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REQUIRED FEE(S)PAID.
r-,Show to whom,date and address
.·,here delivered
RECEIPT
Received the numl1ered article described below.
REGISTERED NO...SIGNATURE OR NAME OF ADDRESSEE (Abut always IJ,JJ/,d itt
CERTIFIED NO.
357460
INSURED NO.
DATE DELIVERED/I~~
055-16-'1~1l 147-1118 GPOl_
POST OFFICE DEPARTMENT
OFFICIAL.BUSINESS OiL ~,
RUSSELL MARINO,
REGISTER OF WILLS &EX-OFFICIO CLK O.C.
COURT HOUSE,
WASHINGT0N,PENNA.,15301
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'AYMENT OF POSTAGE,$300~!Re:Gabriele E.Marino~.#87 M~WR~rfftl¥~"'~FICE
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CERTlFIED',MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front>
1.If you want this receipt'postmarked,stick the gummed stub on the left portion of the addresssi~e of the articl~,leaving the receip~attached,and present the articl7<1t a.post office service
Window or hand,It to your rural camer.(no extra charge)I.L.' •.,-,
2.If you do not want this receipt postmarked,stick the gummed stub on,the left portion of
the address side of the ar!icle,;qetach and ret~\n t~e rec~Pt,)and m'ail the artic~I ".;
3.If you want 'a1return'receipt,writp"the certified:mail number and:'you(nitme and address on
a return receipt card,Form 3811,'and attach it to the back of the article by means oHhe
gummer'.mds.Endorse front of article RETURN ,RECEIPT~REQUESTED."\..._~,>I
4.If you want the article delivered only to,the addressee,endorse it;on the front.DELIVER ,TO
ADDRESSEE ONLY.Place th,e same eno"rsement in line 2 of the return receipt,caid.if,thatserviceisrequested~('!i..'..,,:,J ~..;"'.'....;>t J U -),?-.",...-"
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RUSSELL MARINO
Regist-e-,of Wills
EX-OFFICIO CLERK OF ORPHANS'COURT
COURTHOUSE,WASHINGTON,PA.15301
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Edward Munce
Attorney and Couns.e:.llorat La~
118 North.Office Building-
-P.O.Box 326:5 .-
Harrisburg,Pennsylvania 17120
CERTIFIED.
,.......
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No 5680021
MAl L
CERTIFIED J.V'.AIL
RETURN RECEIPT REQUESTED
Clerk
Orphans'Court of Washington County
Courthouse
Washington,Pennsylvania 15301
'"--""'----.....
..
~dward Munce
Attorney and Couns..-allor at La\'l..
118 North Office Building"
P.O.Box 3265 "
Harrisburg,Pennsylvania 17120
CERTIFIED
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[No 568003
MAl L
CERTIFIED ~1AIL
RETURN RECEIPT REQUESTED
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Clerk
Orphans'Court of Washington County
Courthouse
Washington,Pennsylvania 15301
===-===~,l-===#=============================~==
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,
PENNSYLVANIA
HEARING ON PETITION FOR PARTITION OF REAL ESTATE
GABRIELE E.MARINO,a/k/a
GEORGE B.STEGENGA~ESQ.,of Washington,
Penna.,representing Anthony L.Marino,
Hes pondent.
THE HONORABLE ALEXANDEH R.CURHAN,
Judge of Common Pleas Court of Washington
County,specially presiding.
No.1 Partition of 1966
)
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ESTATE OF
IN RE:
:5 G.E.MARINO,z
~~~Deceased.zz
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~·BEFORE:
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I-~TIME:
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EDWARD V.SCIAMANNA,ESQ.,of vVashington,
Penna.,r epres enting the Accountant.
Thursday,April 21,1966 at 2:00 P.M.,EST.
",
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2
JUDGE CURRAN:Mr.Stegenga,are you ready to'iproceed with
~.,
the sale?
,;MR.STEGENGA:Yes,Your Honor.
JUDGE CURRAN:t \
f.l!i!i
The Court wonders"~t this time if we are ready
be
to proceed with the sale which is to/limited in the reception of bids to
bids 'from the heirs and distributees,is that correct?
to a sale of this real estate.
have taken place prior to .this proceeding and a few days ago the
appear that there has to be some dis position of that petition prior
Your Honor,before we get into that,we are in a
That is correct.
The terms of the sale---
Marino objecting to the order of the sale and the sale itself,it would
position here I think we will go on the record now,certain proceedingE
question of the qualification and disqualification of Judge Marino was bIY-ough:
of this sale.There being a petition filed prior to this sale by Mr.Ant ony
agreed that Judge Marino would call in another judge for the purpose
to the attention of myself and Mr.SCiamanna.At that time it was
<
z<~~MR.STEGENGA:
zIIIII.z JUDGE,CURRAN:
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'J'.Also it would appear that Mr.Marino,my client,
is not completely satisfied with the proceedings up.to date,and I don't
see how a sale can take place at this time.
JUDGE CURRAN:What you are saying,Mr.Stegenga,there are
matters coming before the sale itself that remain to be disposed of.
MR.STEGENGA:Yes Your Honor .
.,
I-----------------------------.........--
3
-
JUDGE CURRAN:The Court is not familiar with those at this time.
The Court was under the impression that all of those things had been
,
J worked out and that we were ready to go ahead with the 'sale.
MR.STEGENGA:We have had several conferences.We are tryi ng
I •
(to work out some details.
own behalf and make a few remarks.
Marino?
0(JUDGE CURRAN:
z0(>~MR.MARINO:
IIIzZIIIII.
io~JUDGE CURRAN:
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What is the nature of the objection?
If Your Honor please,I would like to speak on m
You wish t~speak instead of your attorney,Mr.
t-=~MR.MARINO:
t-III~JUDGE CURRAN:
0(
ugMR.MARl NO:
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:t..~.MR.SCIAMANNA:
I
Yes,I do,Your Honor.
You may sit down,Mr.Stegenga.
And I do so because Mr.Stegenga---
Excuse me,Mr.Marino.I think I'd like to
and what have you,I think the statement should be restricted to the
or s peaking in his own behalf to the Court,but I would like to,for
.purposes of brevity and for purposes of avoiding multiplicity of thougr;.ts'
inject a thought.I have no objection to Mr.Marino representing hin)s elf
Of course the disadvantage I am at,Mr.Sciamanl1a,
issue at hand.
JUDGE CURRAN:
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is I am not quite certain what the issue is.What is your objection,
as briefly as possible,Mr.Marino?
MR.MARINO:Well,the first thing,Judge Curran,is that I
don't know in what capacity we are all here.For example,Mr.Stege 19a
..
'-..",
-
said to me that Judge Marino had di.squalified himself in this case;
and I see no order of disqualification on file and I would like to ask the
Court's indulgence to examine such order if it is available to me.
JUDGE CURRAN:Mr.Marino,isn't that rather academic?If he he s
disqualifi~d himself,what makes the difference,unless you want to--
himself and to vacate two pending orders as to which I received no
Office,my petition filed r.equesting that Judge Marino disqualify himsEIf
as set forth in that petition because he,is a distributee in this estate .
represent the distributee,P.V.Marino,so that the only person
It makes this difference,if you will pardon me,
notice whatsoever.And I pleaded in that petition,or in the answer
representing P.V.Marino was himself,sitting on the bench.That is
~he Administrator;and he told me,Mr.Sciamanna,that ~e'did not
Court,and Mr.Sciamanna who stood here a moment ago represented
years or so ago,Judge Marino sat'on that bench representing this
Judge---there is on file and still pending downstairs in the Register's
As a matter of fact,at the time of the'partial distribl;ltion some two
on any matters in this estate as required by what I think the law is
one of several ,reasons set forth in the petition for'the Judge to remOVE
~MR.MARINO:
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that I was entitled to procedural due process and I was completely
denied procedural due process regardless of what the merits of the
case may be,and to that I want to aciu only this:I knew nothing
of this sale set up here until the day before yesterday.There is no
counsel entered of record for me.which means that I think I should
J
.1
I
.,
be entitled to come in here from Harrisburg with at least four or five
~
days notice of what is going on.To that I may add that I conferred..,It
with counsel in Pittsburgh this morning1flnd I have there pending,if
If~
not filed,a petition with the Supreme Court under its original jurisdie ion
under the law set forth in 331 Pennsylvania for the disqualification of
way this estate has been·proceeded?
questions.We are interested only in seeing that the distributees
anything-that has been done so far factually that you object to?Has
there been anything done that you consider to not be fair and just in th
Anything that---
We're not interested in someone .raising academi
Let me'ask you this,Mr.Mar.-ino---:-is there
Therefore,I ask this Court.:.--
this Judge attempting and has been sitting on his own case wherein he
is a distributee.
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ll:~get everythi~g that is coming to them equally.
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~MR.MARINO:Well,If Your Honor please,I don't think that the e
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uii:this Court,than the lack of pre jUdgment by the Court.Il.o
JUDGE CURRAN:What has been done that you are obj ecting to?
MR.MARINO:That has been done,sitting on matters in this
estate by a distributee.
JUDGE CURRAN:What has been done that shouldn't have been done
on the estate?What has been done that shouldn't have been done here?
MR.MA RINO:I think that is enough under the law of the State of
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I waited this long because I expected due notice of
Why did you wait this long?
Pennsylvania to remove this Judge and I want an oppprtunity to
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present my case to the Supreme Court of Pennsylvania,if the case..~'.:l\~1'isn't already filed .
MR.MARINO:
JUDGE CURRAN:
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liquidated and distributed,but.it isn't,
expedite the conclusion of this proceeding?
what was going on here and I didnft have it.
expected the Judge,inside of four and a half years to have the estate
You knew he was sitting 0n this case.
YOUT Honor,may I make a remark that may
Yes,I knew he was sitting on this case and I
Yes,you may.
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Orphans I Court at my request and I asked Your Honor to do so only
for the purpose of conducting this sale.And we certainly wish
to apologize in having detained you this long because we didnIt think
it would be such an extended proceeding .
After hearing the remarks that have been made,'I
can agree to this:we are not ready to conduct the sale because of
this reason:-as has been stated;t-he answer filed by this respondent
which was filed a couple of days before the date set for the sale at
that time,asked several things.Among them,that the outstanding
order of sale made by the Orphans'Court on March 10,1966 be vacat d;
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..the second thing that was requested was that the Judge g'r~nt a change of:;,,."
venue in the subject estate;and the third thing that was requested was
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that the Judge thereafter disqualify hims,lf from sitting furthe~'tn
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said estate.Now I asked Your Honor to conduct this sale because
I had conferred with counsel for the estate a couple of days ago who
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was in touch with Mr.Stegenga,then thought to be representing this
Respondent,and we were given to understand that before this sale
took place all of these obj ectionp filed in the answer were going to be
withdrawn voluntarily and removed from the record.
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~MR.MARINO:I would like to interrupt---
I!•....~JUDGE MARINO:Will'you please let me talk for a moment?
~III~JUDGE CURRAN:Just a moment,Mr.Marino.If this is to be
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l'4 a full bone argument on this.'
cons ider to be untrue.
I'll keep quiet but I'm not going to keep quiet through statements that I
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I don't want to stand by and hear unjust untruths.
11m going to give you one more chance to keep qui[et;
Mr.Marino.You are very well aware of the fact what we can do if yolJ
don't.Let him talk.You know there is'going to be a continuance of
this.
JUDGE MARINO:Your Honor~I was given to understand that the
objections filed in this answer which is denominated Answer of
Respo~dent to Petition For Partition of Real Estate,that answer havin~
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been filed early in March,before March 10,1966,tli~t all the objecti<ns'..
in that answer were gai.ng to be withdrawn of record today before the
sale.
JUDGE CURRAN:This was a verbal understanding?
JUDGE MARINO:Yes,between counsel for the estate and George
we will take whatever pro'Ceedings are necessary.
conduct this sale.And I ask Your Honor then kindly to withdraw and
misunde~standingand that the allegations of this answer are not going
to be with,drawn,and are going to 'be persisted in,then we should not
Yes.If Your Honor please,I would like Mr .
Do you have anything further to say?
Now since it is apparent that there has been someYourHonortosit.
Stegenga,who communicated the same to me and that is why I request d«(
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Stegenga who is here in open Court,if he had any authority from me
Mr.Sciamanna at the time ,and I told him I thought that is what should
be done,if we are going to conduct this sale with Judge Curran sitting
"to make any agreement of the type that he referred to with the Judge.
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I will answer'that,Mr.Marino.I discussed that with
there.I didn't know it was Judge Curran at the time;it might have
been another Judge.I said that would be 'part of my---
JUDGE CURRAN:For your information,Judge Marino tried to get
Judge McCune;he got Judge McCune and Judge McCune had to go to
Pittsburgh today.
MR.STEGENGA:'I do recall discussing this with Mr.Sciamanna to
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'--the effect if there would be a sale that the objectiOri'~to the validity oT
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the sale should be withdrawn prior to the sale.That is absolutely truE.
MIt.M\RINO:'Pardon me,Mr.,Stegenga,but the quest~(m I.,\
asked was whether or not you had my ci'uthority to wipe these objection:l
out that were on file.
I took that upon myself.'
except he had conferred with you;he didn't say anything about you,1\tIr.
He said Mr.Stegenga,that they had that understanding.Marino.
There was no express authority for me to do that.
I hadn't understood anything from Judge Marino
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N ,representing the man if you haven't gone on record as representing hil'l.
You should do that.
JUDGE CURRAN:
a couple of papers.
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I have not qled a formal appearance.I have file<
Let me ask Mr.Marino now---I don't know what'p
going to happen from now on in---do we understand that Mr.Stegenga
no longer repres ents you?
MR.MARINO:I can't answer that question yes or no,Your Hone r,
for this reason---
JUDGE CURRAN:Mr.Stegenga---
MR.MARINO:May I finish my reply,Your I-Imor?For this
reason:the last that I had heard or had contact with,:'Mr.Stegenga
until the day before yesterday was that I had sent him~an original and
copy petitions to be filed with the Supr~me Court of Pennsylva:i~'.i.aas tc
,,
which I had conferred with him before I i'eft Washington about a month
ago;and both Mr.Stegenga and I understood then the procedures
10
your signals together.
completely to be followed in the filing of those papers.::zc(>~J,UOGE CURRAN:
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It seems that Mr.Stegenga and you ought to get
Then I mailed those papers to Mr.Stegenga with'
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enc(~instructions to file.And for two weeks I was under the im pression
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that he had filed them but he hadn't.I personally don't believe and
Mr.Stegenga's attitude may be what it may---I don't think Mr.Stegen~a
had any cause to assume,with the history of the case as it was,that
I would accede to this continuance today or that the sale be gone'through
with,today.If I never had any couns el of record '1 think an Honorable
Court here would give me four or five days to arrange my affairs.
. I am concerned heavily with appeals at Harrisburg and I have a schedu e
to meet and when I have som ething here to come in on Thursday,I hav
to take three days off.
JUDGE CURRAN:Nothing is 'being done today.There is apparently
a misunderstanding.I would suggest thatyou ought.to resolve that
somehow or other before---
MR.MARINO:May I say this in open Court,Your Honor---I havl=
no counsel of record.1 want notice that I am entitled to from whateve
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Judge may be sitting in this Court,and if 1 do have ~unsel it will be'
counsel of record.
MR.STEGENGA:Well,Your Honor-.~-
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JUDGE CURRAN:This is an order continuing the sale of March 10,'
1966;the order was made continuing the sale to March 30.This is
It's pretty hard to make out.Is that your signature?
signed by you,Mr.Marino.Apparently Mr~Stegenga thought he had
authority.
tC?day,if you please.
1 knew nothing about that until.
Yes,1 signed this.
No.1 didn't.
This is signed by---I guess this is 'your signature.
Did you know this at all ?
I beg your pardon,Judge.I--:-
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or you have already asked the whole matter to be revie~ed by the
almost as bad as Is Bloom's;you can hardly tell whose it is.In any
event,it will be continued.'You are 'Saying this Court has no jurisdict'on
iii~JUDGE CURRAN:.
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May 1 say to you,that IS some signature.That's
Appellate Court.
MR.MARINO:No,not reviewed.I have a petition,if it is not
already filed,it will be filed,with the Appellate Court which has
original jurisdiction of the matter of the removal of this Judge.
JUDGE CURRAN:Do you propose to act through couns el here in the
future?.
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MR.MARINO:
JUDG E CURRAN::
MR.MARINO:
Here?
Yes.
I donIt think I have to answer that,Judge.I can
12
is your attorney.
assume counsel whenever I feel like it and dispose of it when I feel;
and as far as the Appellate Court is concerned,they have also been
i asked to vacate thes e two orders.
<>oJ~JUDGE CURRAN:I was only trying to help Mr.Stegenga out.zz11/~MR.MARINO:I would love to help him myself.I thirik George
oto~and I could have a chat in his office.x1Il<,~JUDGE CURRAN:As far as this Cou;rt is concerned,we do not
..:~~consider you his attorney.
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~MR.MARINO:Pardon me,Ju::lge---
uo~JUDGE CURRAN:Until we find something on the re~ord showing he
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rrilr11/~MR.MARINO:On the record you say?
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:JUDGE CURRAN:There is no appearance apparently on there.
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U MR.MARINO:Is the matter today continued 'definitely to anotheroJ<
UE day?o
JUDGE CURRAN:I don't see any point in doing anything except cont nuing
indefinitely.I don1t know what we can do.'
MR.MARINO:I suggest a more'accurate term,in view of all
the circums tances,would be a stay becaus e a continuance is a recognition
of the validity of the two orders that I have by pleadings requested to e
vacated here and with the Su reme Court.
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JUDGE CURRAN:We will continue it.You will be protected under
the continuance.We use that because that is what's been used in this
case before.
MR.MARINO:In other words,am I to understand,'Judge,you'r
saying it's the same thing as that?
to continue the matter indefinitely;and the regular Orphans'Court of
Respondent"in March,1966 and all the allegations and matters contain d
this county will attempt to dispose of the answer that was filed by
The Judge did not dispose of those up to this time because
Your Honor,we will respectfully request the Cou t
therein.
~JUDGE MARINO:z«>oJ>-1/1ZZIIID.
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the matters would be disposed of before the Court by the parties
we have been led to believe every time a continuance was asked for the t
themselves.
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of.
with dis patch.
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Yes,and the Orphans I Court will dispose of thos e
I'd like to add a few remarks,Your Honor,if I m y.
I realize the record is replete with many statements,but I feel that I
should make a statement here on behalf of the estate,which are my
clients.Mr.Marino indicated that I did not represent the presiding
Judge,Judge Marino in the estate,which is true;that I represent the
estate itself.That of course means all of the heirs,which the Judge
happens to be one of them.I'd also like to bring to the attention of
14
this Court,although the record will speak for itself,·that on Septembe
17,1964 at which time the offices of Bloom,Bloom,Rosenberg and
Bloom represented Mr.Marino,·1 believe of record,they had entered
their appearance.
MR.MARINO:Did you say you believe of record,Mr.Sciamanna?
~MR.z<C~~MR.
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MARINO:
I take it?
At least they appeared in·this Court in your behal
You don't know whether they would be of record
zo.I-~MR.SCIAMANNA:I'm not too sure,but I know they appeared in this'
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Court in your behalf.And following their appearance in Court,togeth r
with myself,the record shows that a hearing on the audit appeared
before His Honor,Judge P.V.Marino,that the persons appearing at
that time was myself and Milton D.Rosenberg of the law offices of
Bloom,Bloom,Rosenberg and Bloom.
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I-0::>8 that day.I
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Did he say---
In other words,he appeared with me in Court on
Even though he didn't enter an appearance,he
spoke for him all through it there.
JUDGE CURRAN:It says here,lithe law·firm of Bloom,Bloom,
Rosenberg and Bloom have asked to have their appearance entered for
"Anthony L.Marino,brother.
MR.MARINO:
it.
Mr.Rosenberg told me himself he never entered
1 ..
MR.SCIAMANNA:As a result of -the appe-arance of that firm and
myself for the estate,there was prepared by me a first account,whicl
t tI-was called for audit September 17,1964.Following the appearance
• I ~of counsel and certain agreements there was then adjudicated a
distribution.Each of the heirs participating in the distribution,and
r~collection of Mr.Marino at any time prior to this time,of inter-
posing any-objections to P.V.Marino presiding as the Judge.
including Mr.Marino,the Respondent in this cas e,who at that time
will find that Judge Marino sitting in that case,said that there will be
I have no
Since he opened that subjE ctIwanttoanswerthat.
no appeals frOll)anything here.Now he made that clea~.There are to
be no-appeals.That was the condition of what he was doing.Arid Mr.
up,Your Honor,if you will look at the record of that proce~ding you
received the sum of-$4,000.00 in cash from the estat~.
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only named one client.If he has others I'd like to know who they are.
Sciamanna just a moment ago said his clients.As far as I know he's
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I'm one .
This will end the testimony for the day.There is
no need to go into anymore of this today.I am leaving this copy of
this sale up here,Judge Marino.We win-consider the matter contim ed
indefinitely.Now what the next step will be,I am certainly unaware
of it at the moment .
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«I hereby certify that the proceedings and evidencez«>'g are contained fully and accurately in the notes taken by me ,on the hearing (fz
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Ill.,the above cause,and that this copy is a corr,ect transcript of the same.z0l-e>z
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u The foregoing record of the proceedings upon the0,:J.,,~hearing of the above cause is hereby appro .ed and directed fo be filed.
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