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ESTATE OF 63-71-1026 No·------------~---
DOMENICK FALCONI,
Deceased.
In the matter of the FIRST & FINAL
Account of· __ P_H_I~L_L_I_P_F_A_L_C_O_N_I_, ---
Executor
ADJUDICATION AND DECREE
. And n~w . . Jan~ary 1/ , 19~, this matter came on for hearing,
aud1t and d1stnbut1on at th1s session and testimony taken; and thereupon, upon due consideration
thereof1trg ~aJfn3~ for distribution in the hands of the Accountant is determined to be
$ . ' • and the account is accordingly confirmed; and it is ordered,,
adJudged and decreed that the said balance be paid out by the Accountant in accordance with the
schedule of distribution hereto attached and made o part hereof, unless exceptions hereto be filed
sec. reg. or an appeal be taken herefrom sec. leg.
BY THE COURT:
J.
SCHEDULE OF DISTRIBUTION
Balance per accoun~:-:.-------------------
Ctedit: Perso~al Property Tax paid, not
reflected in Account ·
Credit: Transfer Inheritance Tax paid, not
reflected in Account
Balance'-----------------------
Deduct Clerk's Costs & Receipts and Advertising
Attorney·_......:..:M=.I.;;;:.C:::H:::A:.::E:.::L:.....=E;.;•:.._:K.;.:U:..:S;.;T;.;U;.;R~I;.;S~S:..!.., ...:E:::.S:;:.Q.=.U,;,.:;;,I .:.:R:;:E ____ _
$199,287.46
54o.oc 198,747.35
9 , 50 0. 0 (
13 6. 5(
$189.247.35 :: ..
189,110.85
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Harvey Stuart, Clerk of Orphans' Court -
Certification of Real Estate .4.0(
1 L.fO•GO
189,10 6'. 8 5 t:y,C..
Recorder of Deeds -recording Certification of
Real Estate ·
Jennie Falconi -Household Furnishings
Phillip Falconi -one-fourth residue,
consisting of cash per Family Agreement
Yolanda Passalacqua, Fernanda Toni and Mary
Dalbo, as tenants in common, per Family
Agreement, each of an undivid~d one-third
interest, three-fourths residue, including
real estate in kind at appra~~ed values
as certified herein ($41,500!00), Chattel
Mortgage of Harry Crosson ($1,400.00),
Mortgage & Note of Wm. R. De}fine, et ux.
(M.B. 669, page 262)~180.00)~ Mortgage &
Note of Elmer Schulti, et ux; (M.B. 644,
page 434) ($1,400.00), Stock in kind as
listed on ·schedule B of Audit Petition r ($35,108.00) and balance
.
14. 5(
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975.0(
~7,029.3
141,088.0
189,092.35
188,117.35
NO BALANCE
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
REAL ESTATE TO BE CERTIFIED TO THE RECORDER OF DEEDS OF
WASHINGTON COUNTY BY THE CLERK OF ORPHANS' COURT DIVISION:
DOMENICK ·FALCONI, Devisor, to YOLANDA PASSALACQUA,
FERNANDA TONTI aho .f\1ARY DALBO, De vi sees, as tenants in common,
each of an undivided one-third interest, all of the right,
title and interest of the Devisor, in and to the following
parcels of real estate:
FIRST: ALL that certain lot of ground situate
in the First Ward of the Borough of Canonsburg, Washington
County, Pennsylvania, more particularly described in Deed to
Domenic Falconi by the Estate of Irene Guthrie, et al., dated
Noyember 30, 1966, and recorded in the Recorder's Office of
Washington County, Pennsylvania, in Deed Book 1250, page 662.
SECOND: ALL that certain tract of land situate
in North Strabane Township, Washington County, Pennsylvania,
more particularly described in Deed to Domenic Falconi by Deed
of Oral Adams, et ux., dated October 21, 1950, and of record
in Deed Book 776, page 298. Containing one-half Acre more
or less.
,THIRD·: ALL that certain tract of land situate
in North Strabane Township, Washing·ton County, Pennsylvania,
more particularly described in Deed to Domenick Falconi by
Deed of Catherine Stolze dated July 26, 1950, and of record in
Deed Book 771, page 562. Containing a net acreage of 127
Acres, more or less.
FOURTH: ALL that certain tract of land contain-
ing 2 Acres situate in North Strabane Township, Washington
• ..
County, Pennsylvania, assessed for tax purposes in 1978 by
Washington County, Pennsylvania as parcel number 520-004-01-01
I 0013-00 o
FIFTH: ALL that certain undivided one-half
interest in and to that certain tract of land situate in North
Franklin Township, Washington County, Pennsylvania, containing
.88 acres surface assessed for tax purposes in 1978 by Washingtoni
County, Pennsylvania, as parcel number 510-002-00-00-0028-00.
SIXTH: ALL that certain undivided one-half
interest in and to that certain tract of land situate in North
' Fr.anklin Township, Washington County, Pennsylvania, containing
1.12 acres surface assessed for tax purposes in 1978 by Washington ,,
County, Pennsylvania as parcel number 510-002-00-00-0030-00.
SEVENTH: ALL that certain tract of land situate
in South Strabane Township, Washington County, Pennsylvania,
being part of the Julius LeMoyne original tract of 146 1/4 acres,·
more particularly described in Deed to Dominic Falconi from
Pittsburgh Consolidation Coal Company dated March 22, 1947, and
of record in Deed Book 736, page 677. Containing 20.55 acres.
EIGHTH: ALL that certain parcel of land situate
in South Strabane Township, Washington County, Pennsylvania,
more particularly described in Deed to Domenic Falconi from
Canonsburg Metal Company dated December 28, 1959, and of record
in Deed Book 1068, page 387. Containing 2 acres more or less.
NINTH: ALL that certain tract of land situate
in Somerset Township, Washington County, Pennsylvania, composed
!.;1 lil of all of Parcels Nos. 4, 5 and 6 and portions of Parcels Nos.
11::
I', I 1, 2 and 3 in the High
1!.1
Lawn Plan of Lots recorded in Plan Book
6, pages 30 and 31, and being more particularly described in
Deed from Steve L. Cancilla, et ux., to Domenick Falconi dated
-2-
'iii
1,!1
1,;
' ------r--
November 20, 1953, and of record in Deed Book 913, page 573.
TENTH: ALL that certain lot of ground situate
in the Third Ward of the City of Washington, Washington County,
Pennsylvania, more particularly described in Deed to Domenick
Falconi from Angelo Falconi, et ux., dated April 30, 1956, and
of record in Deed Book 963, page 137.
ELEVENTH: ALL that certain tract of land situate
in North Strabane Township, Washington County, Pennsylvania,
assessed for tax purposes in 1978 by Washington County as
parcel number 520-004-00-00-0021-00, containing 23.4099 acres
surface. Subject to an unrecorded Article of Agreement in favor
of Tolanda Passalacqua, Fernanda Tonti and Mary Dalbo.
TWELFTH: ALL those two certain lots of ground
situate in Chartiers Township, Washington County, Pennsylvania,
being Lots Ncs 69 and 70 in the Hallam Addition to Meadowlands
(P.B. 4, pages 98 and 99), more particularly described in Deed
from Julia Tauzel, widow, to Domenick Falconi, dated July 7,
1964, and of record in Deed Book 1181, page 545. Subject to an
Article of Agreement in favor of John Lloyde.
C~RTIFIBD TO RBCORDER 19 January 1979
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C!rnmmnuwralt~ nf ~ruu5yluauia.} llllla5~tugtnu C!lnuuty. 55•
KNOW ALL MEN BY THESE PRESENTS: Whereas, at Washington, in the County aforesaid
on the 9th day of Au~st. A. D. 19 67 , before me,
Josep)line M •. Douglas , Register for the Probate of Wills and Granting
Letters of Administration in and for the County of Washington, in ~he Commonwealth of Pennsylvania,
the last Will and Testament of
D~menick Falceni
late 9£. RDl, Canonsburg in the County aforesaid, deceased,
(a tru~ copy whereof is to these presents annexed), was duly admitted to probate; and
the Executor m said Will and Testament named, having appeared. before me and taken and subscribed
the oath of office prescribed by law;
NOW,_ T~EREFORE, I, Jo~e~~iJile M. Douglas
grant these 'LETTERS TESTAMENTARY, unto the said
Phillip Faleoni
Register as aforesaid; do
committing unto birt the administration of all and singular the goods and
chattels, rights and credits, which were of said deceased, and requiring him
to exhibit a true and perfect inventory thereo{ into the Register's Offi•ce, at Wa•shington, within ninety
days from the date hereof, and to render a just and true account of s-aid administration at the expiration
· of six months from the date hereof, and to regard and comply with the provisions of the laws of this
Commonwealth relating to inheritance taxes.
IN TESTIMONY WHEREOF, I have hereunto set my ha:nd and the seal
of said Office at Washington, this 9tll
day of August m the year of our Lord one thousand
nine hundred and
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LAST WILL~'AND TESTAMENT
I, DOMENICK FALCONI, of Cecil Township, "Wash~ngton County,
Pennsylvania, bein~ 'of sound mind, memory and understanding, do
hereby make and publish this my Last Will and ~estament, and re~
·voke all Wills by me at any time heretofore madeo
FIRST: I direct all my just debts and funeral expenses to
be fully-· paid and satisfied as soon as conveniently may be after
my decease.
SECOND: I g~ve, devise and bequ~ath all of my estate, of
whatever hature and .wherever situated, as follows:
. (A) If my wife, JENNIE, survives me, I give to her,
absolutely, that fractional share of my residuary estate which
will equal .the maxi~um marital deduction (allowable in determinin
the Federal. est.ate tax on my gross estate) after taking into
account the value for Federal estate tax purposes of all other I •
items in my gross estate which qualify ·for said deduction and
which pass to or have passed to my wife under other provisions
of this Will or otherwi~e. In making the computations necessary
to determine such· fraction_al share, th~ final determinations in
\
the Federal estate tax proceedings shall control; and only assets
that qualify for the marital ded~ction shall be allocated to
this share.
(B) All the rest,. residue and remainder of my estate,
-1-
l .. ·------~~--~--·---~ -~~. . ~---~----------~--------·---------
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I give·, .devise and bequeath to my children, PHILLIP FALCONI,
YOLANDA PASSALACQUA, FERNANDA TONTI and MARY DALBO, share and
share alike. ! ·
THIRD: I direct that all estate, inheritance, succession,
federal estate, and any other death taxes, imBosed or payable by
reason of my death, and interest and penalties thereon, with re-
\ l spect to all property comprising my gross estate for death tax
'\. ~ purposes, whether or not .. such· property passes under this. Will,
shall be paid out of my residuary estate.
FOURTH: I nominate, constitute and appoint my son, PHILLIP
FALCONI, executor of this· my Last Wil-l and Testament, to serve
without bond ,in any jurisdiction. In the event my son should pre· ·
decease me,. or die during the administration of my estate, I
appoint my1 daughter, FERNANDA TONTI, to succeed him as executrix,
to serve without bond in any jurisdiction.
FIFTH: I direct my executor hereinabove named to employ
RICHARD DiSA~LE, ESQ. to act as attorney for my estate.
I have set my hand and.seal, th~s ;c·~t IN TESTIMONY WHEREOF,
~ '
day ofofeiJrutJf\,..f, 1967. . I
Signed, ·sealed, published and declared by the above named
testator, a~ and for his Last Will and Testament, in the presence
of us, who at his request, in his presence, and in the presence
of each other, all being present at the same time, have·hereunto
subscribed our .names as witnesses.
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DUPLICATE
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KNOW ALL MEN BY THESE PRESENTS: Whereas, at Washington, m the County aforesaid
on 'the 9th. day of August A. D. 1967 , before me,
Josephine M. Douglas , Register for the Probate of Wills and Granting
Letters of Administration in and for the County of Washington, in ~he Commonwealth of Pennsylvania,
the last Will and Testament of
DOMENICK FALCONI
late of Canonsburg in the County aforesaid, deceased,
(a true copy whereof is to these presents annexed), was duly admitted to probate; and
Phillip Falconi
the Executor m said Will and Testament named, having appeared before me and taken_ and subscribed
..
the oath of office prescribed by law;
NOW, THEREFORE, I, Josephine M. Douglas ," Register as aforesaid:, do
grant these LETTERS TESTAMENTARY, unto the said
Phillip Falc'oni
committing unto him the administration of all and singular the goods and
chattels, rights and credits, which were of said deceased, and requiring him
to exhibit a true and perfect inventory· thereof into the Register's Offi·ce, at Washington, within ninety
days from the date hereof, and to render a just and true account of said administration at the expiration
of six months from the date ·hereof, and to regard and comply with the provisions of the laws ·of this
Commonwealth relating to inheritance taxes.
IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal
of said Office at Washington, this 9th.
day of August in the year of our Lord one thousand
nine hundred and sixty-seven
........ ~g-~ .. ~.P..!?:.~-~~ ...... ~.~ .... .P..~-~g-~.?. .. ~ ................................................. .
. ·DUPL:J:.CATE Register
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LAST WILL AND TESTAMENT --
I, DOMENICK FALCONI, of Cecil Township, tvashington County,
Pennsylvania, being of sound mind, memory and understanding, do .
....... .
hereby make and publish this my Last Will and Testament, and ·re-
voke allWills by me at any time heretofore made.
FIRST: I direct all my just debts and funeral expenses to
be fully paid and satisfied as soon as conveniently·may be after
,./ ..• i
SECOND: I give, devise and bequeath all of my _estate, of (
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whatever nature and wherever situated, as follows:
. ; ,_. ~ ...
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(A) . If my wife, JENNIE, survives me, I give to her,
absolutely-, that fractional share. of my residuary estate which
,I
will equal the maximum marital deductio·n (allowable in determinin
the Federal estate tax on my gross estate) after taking into
account the value .for Federal estate tax purposes of all other
. .
i terns in my gross e'state which .qualify for said deduc.tion and
which pass t.o or have passed to my wife under other provisions .
. .i of this Will or otherwise. · In making the computations necessary
(
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to determine such fractional· share, the final determinations in
the Federal estate tax proceedings shall control; and only assets
that qualify for the marital deduction shall be allocated to
. this share·. ·\ : , . T ~. ' ....
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(B) All ;the rest, residue and remainder of my esta·tc,
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I give, devise and bequ_eath to my children·,. PHILLIP FALCONI,·
YOLANDA PASSALACQUA, FERNANDA TONTI and MARY DALBO; sh.lre and
share alike.
THIRD: I direct that all-estate, in?eritance, succession,
federal estate, and any other death taxes, imposed or payable·by
reason.of my death, and interest and penalties thereon, with re-
spect to all property compr~sing my gross estate fo~ death tax
purposes, whether or not such property passes under this Will,
shall be paid out of my residuary estate.
FOURTH: I nominate, constitute and appoint my son, PHILLIP·
FALCONI, executor of this my Last Will and Testament,, ·to serve J.
without bond in any jurisdiction. In the· event my son should pre . '
decease me, or di~ during the administration of my estate, I
appoint my daughter, FERNANDA TONTI, to succeed him as executrix .•
to serve without bond in any jurisdiction.·
FIFTH: I direct my executor hereinabove named to employ
RICHARD DiSALLE, ESQ. to act as attorne~ for my estate.
day
IN TESTIMONY WHEREOF,
/.' .
of te tjl(·u f)f\_.._f, 19 67. . I
I have set my hand and seal, this ;c·jjc
Signed, sealed, published and d~clared by ~he above named·
testator,. as and for his Last Will and Testament, in the presence
of us,.who at his request, in his presence, and in the presence
of each other, same time, have hereunto
subscribed our names-as
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STATE OF PENNSLYVANIA,
,WASHING.TON COUNTY;
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The ;within n.amed Accountant· oe1ng duly sworn according to law,\depose
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that the above account
, · . · · he ,.:-'\~ -·1 · b r ~s stated 1s true and correct as .................... ~;;;.:::.-~-~--_;.·---~---.. ven y e •eve.
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S d ·b .b d b f th' I Y ·i. worn an su sen e e ore me 1s ·······-'----------'-----
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• · ,. . . · ' · . EVELYN C. TELESKO, Notary Public
Ca11~nsburg, Washington Co., Pa. 15317
My Commission Expir.l!& March 10, 197l
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Wa.s~ington County, ss:
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I do certify that I have given legal notice to aU persons
concerned of the filing of the within account ·in the m.anner pre-
scribed by Statute and Rule 9f Cgurtt;;fls ~yidenced by proofs
thereof filed to No. b.3.--::'J./ .. ~.0..3.v ................. .
Witness my hand ~nd official seal this ... d~--------------
day of~---······················-······ 19.JL .... . \n · -· · f\ A \:::1\f\ ~ ~-· -·
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Register of Wills
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLV:ANIA
ORPHANS' COURT DIVISION
FIRST AND FINAL ACCOUNT OF PHILLIP FALCONI, EXECUTOR OF THE
ESTATE OF DOMINICK FALCONI, DECEASED.
Receipts
Disbursements
NO.
SUMMARY
SCHEDULE "A"
PRINCIPAL-PERSONALTY
Balance: Principal-Personalty
Receipts
Disbursements
SCHEDULE "B"
INCOME-PERSONALTY
Balance: Income-Personalt·y
Receipts
Disbursements
SCHEDULE "C"
·PRINCIPAL-REALTY
Balance: Principal-Realty
Receipts
Disbursements
SCHEDULE "D"
INCOME-REALTY
Balance: Income-Realty
NET BALANCE
i .
$187,934.38
$ 48, 396. 92
$139,537.46
$14, 806. 86
$14, 806. 86
$ 00.00
$59,-750.00
0.00
$59,750.00
$2,900.00
$2,900.00
0.00
,·
$199, 287.46
Net Balance consists of the following:
Mortgages $31,677.00
Chattel Mortgages $ 9,402.22
Stock $35,068.00
U.S. Savings Bonds, Series E $ 175.00
Notes $38,741.92
Verbal Unrecorded Agreements $24,473.32
Real Estate $59,750.00
TOTAL NET BALANCE $199' 287. 46
..
SCHEDULE "A"
PRINCIPAL -PERSONALTY
Per Inventory Filed
Loss on Conversion of Following:
200 Shares Jessop Steel:
Inventory Value
Expense of Sale
Selling Price
RECEIPTS
$5,750.00
76.76
1000 Shares National Banner Common Stock:
Inventory Value $13, 500. 00
Expense of Sale 242. 50
Selling Price
Notes:
5,826.76
5,750.00
13,742.50
13,500.00
Inventory Value
Transfered to Disbursements
$50,478.05
11,736.13
Gain -Provident Fund for Income Tax
Transfered from Schedule "B" Income-Personalty
Transfered from Schedule ''D" Income-Realty
TOTAL RECEIPTS
Mario DeAngelo Mortuary
Catholic Cemeteries Assn.
Catholic Cemeteries Assn.
St. Patrick Church
Malone 1 s Flower Shop
Gaydos Monument Comapny
Dr. Ralph J. Stalter
Dr. Frank Concilus
Dr. John A. Malcolm
Dr. Bruno
DISBURSEMENTS
Funeral
Cemetery Lot
Opening Grave
Funeral Mass
Flowers
Grave Marker
Medical Bill
Medical Bill
Medical Bill
Medical Bill
Canonsburg General Hospital Hospital Bill
Guzell Hardware Bill
Donaldson Supply & Equipment Co. Bill
Katz Brothers Bill
Chris Vlachos, Esq. Legal Costs
B.A. Franks, Prothonotary Filing Fee
M. E. Kusturiss, Esq. Legal Costs
Bell Telephone Bill
Internal Revenue Service 1965-66-67 Fed. Income Tax
Real Estate Taxes 1967
Taxes
M. E. Kusturiss, Esq,
Phillip Falconi
Yolanda Passalacqua
TOTAL DISBURSEMENTS
1968 Fiduciary Return
Attorney: s Fee
Executor: s Commission
Management Fees. ·
$170,523.59
(76.76)
( 242. 50)
( 00. 00)
23.09
$14,806.86
-$ 2,900.00
$187,934.28
$ 4,728.00
1 '140. 00
110.00
40.00
10.50
1 35. 00
149. 00
75.00
15.00
5.00
54.94
2.10
55.19
51.03
6.00
8.50
16.00
30.75
8,283.27
1,372.66
4,608.98
10,000.00
12,500.00
5,000.00
$48,396.92
SCHEDULE ''B"
INCOME -PERSONALTY
RECEIPTS
Dividends
Interest on Mortgage, Notes, etc.
Gross R~ ceipts
DISBURSEMENTS
Transfered to Principal -Personalty
$ 172.49
14, 634. 37
14,806.86
$14,806.86-
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SCHEDULE "C"
PRINCIPAL -REALTY
RECEIPTS
Per Inventory Filed $59,750.00
DISBURSEMENTS
NONE 0.00
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SCHEDULE "D"
INCOME -REALTY
RECEIPTS
DISBURSEMENTS
Transfered to Principal -Personalty
$2,900.00
$2,900.00
\ ~THE DAILY NOTES
CANONSBURG, PA.
PROOF OF PUBLICATION
In compliance with the Newspaper Advertising Act of May 16, 1929, P. L. 1784,
Sec. 3, para.graph (3) and (25).
State of Pennsylvania }
County of Washington ss.
Personally appeared before me, a Notary Public in and for said county and state,
______ Mabel __ __z_. ___ .D.ay.: ___________________________ , who being duly sworn, deposes and says: that
_____ .she_ _____ is the ho.okkee.perthe Notes Publishing & Printing Co., a Penn-
sylvania corporation, and its agent in this behalf: tha,t the said company is the pub-
lisher-of The Daily Notes, published daily except Saturday and Sunday, having its place
of business at Canonsburg, Washington County, Pennsylvania; that the said Daily
Notes was established August 1, 1875; that the printed n01tice or advertisement, attached
hereto is a copy of a notice or advertisement, exactly as printed or published, which
appeared in the said newspaper in its regular issues on the following dates:
August 23 August 30 September 6, 1967 ·--------~-----------------.1..----------------------------------------------------------........... .
that the affiant or the corporation dn behalf of which -------She-------is acting is not inter-
ested in the subject matter of said notice or advertising and that all of the allega.tions
of this affidavit as to t:~:~~-~~~-~-=~--~~:::~~:k:~
Sworn to and subscribed before me this · Bookl(jbeper (}
6 ~h ___ day of _§~~LP_:t_~_!l!l>_~_!: __ ~----19_§_{_ >-J
(..~~of:!:~!H~b1ti'' !0 ,?1? -.•• ., ,, J rotrr;·· ut~"""""'~-
ashi on County, Pa. Notary Public
My Commission Expires
March 30, 1970
\LE9A~ f':IOTIC~
I
EXECUTOR'S NOTIICE
1 •· r
Estate of DOMINICK FALCONI'
deceased, late of R'. ,b. 1, ,Canons-,
burg, Washington· County, ·Penna.,: LET'l'ERS Testa.n\entary ·upon !
upon the •above e.state, hav.ing 'he_en ' granted to .the undei·signed, notice is hereby given · lo· those indebted thet·eto, to mal(e imme~lia.te pay-ti1ent, 'at'tcl to 'tl1ose luiving claims or demands. to present them ·fot·
settlement. ' . ) Phillip Falconi,' l~xecutor
. 1 . · ·R · ·:g.'~, Ca__non.sh.':'rg, [-a._1 Micha:el 1'.:. Kust.m·iss Attorney '
12· Not·.th ·.reffe!t'so.n ·.Avenue ' ' :
, Canonsburg, Pennsylvania 15317
t_ugust 23, 30~· Sept. 6,' 1967' ·
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Washington County Reports
Washington, Pennsylvania
(PUBLISHED ElY WASHINGTON COUNTY BAR ASSOCIATION)
PROOF OF PUBLICATION
,, In compliance with the Newspaper Advertising Act of May 16, 1929, P. L.
!1784 Sec. 3, paragraphs (3) and (25).
CouNTY OF WASHINGTON)
; STATR OF PENNSYLVANIA ( SS.
Personally appeared before me, a Notary Public in and for said County and
Commonwealth, CHARLES C. KELLER, who, being duly sworn, deposes and
says: that he is the Editor of the WASHINGTON COUNTY REPORTS, the
official legal periodical for said Washington County, publisbed weekly having. its
place of business at Washington, Washington County, Pennsylvania, and is act-
ing as its agent in t'his behalf; that the said WASHINGTON COUNTY
REPORTS was established on March 31, 1920, and was designated as the official
legal publication for Washington County, Pennsylvania, by order of the several
courts of said County, dated November 11, 1920; that the printed notice or adver-
tisement attached hereto is a copy of a notice or advertisement, exactly as printed
or published, which appeared in the said legal periodical in its regular issues on the
following dates:
It
...... Aug.us.t .... 3.l, .................................................... ..
....... :_;~ay_ oL ...... S.;e.pt~IDQ.~.r. ........ , 196 .. 7. ... ....... ~ .. e.: ...................... -
,., ary Public
KATHERINE C. YARD, o ry Public
Washington, Washingtu 1 Co., Pa.
My Commission Expir·es
November 1, 1969
. '
Estate. N otlcea
The Register of Wills has granted letters,
testamentary or of administration, in the ·
following estates. Notice is hereby given
to all persons indebted thereto to make
payment without delay and 'to those hav-
ing claims or demands to present rhem
for settlement to the Executors or Admin-
istrators or their Attorneys.
••••••••••ooeo•••
FALCONI; DOMENICK; Dec' d.
~ate of R. D. #1, Canonsburg, Wash-· mgton County, Penna. Executor: Phillip Falconi, R. D. #1, Canonsburg, Penna. 15317 Attorney: Michael E. Kusturiss 12 ·North Jefferson Avenue, Canonsburg, Penna. 15317 ·
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THE DAILY NOTES
CANONSBURG, PA.
PROOF OF PUBLICATION
In compliance with the Newspaper Advertising Act of May 16, 1929, P. L. 1784,
Sec. 3, paragraph (3) and (25l.
State of PelUlsylvanla }
County of Washington ss.
Personally appeared before me, a Notary Public in and for said county and state,
______ Mabel ... Z ... ___ .D_ay: ___________________________ , who being duly sworn, deposes and says: that
_____ .she_ ______ is the b.o.okk.ee_pfalrthe Notes Publishing & Printing Co., a Penn-
sylvania corporation, and its agent in this behalf: tha.t the said company is the pub-
lisher-of The Daily Notes, published daHy except Saturday and Sunday, having its place
of business at Canonsburg, Washington County, Pennsylvania; that 1:he said Daily
Notes was es:tablished August 1, 1875; that the printed n01tice or advetitisement, attached
hereto is a copy of a notice or advertisement, exactly as printed or published, which
appeared in the said newspaper in its regular issues on the following dates:
August 23, August 30 September 6, 1967 ---------------"·-----------------------------------------'--------------------------------------------------------·················---·-------·······
-----------·----------------------------------.:-------------------------------------------------------····································
that the affiant or the corporation dn behalf of which -------She ....... is acting is not inter-
ested in the sub]ect matter of said notice or advertising and that all of the allegations
of this affidavit as to lthe time, plac'e and charac~ the publication are true. · ------------------------------------------------~--&-~-
Sworn to and subscribed before me this Book~eper 0
-----z!th~--dayf/:o~,--:{~~!?.:~---_----,-19 __ ~_7_
----ilifpf;~ , ·orrr;--mt'~-rW-zs.~-~-----:-·L~~~r~ .,11 county, ya. Notary Pubhc
My Connniss10n Exp1res
Mardi 30, 1970
\.
/ Washington County Reports Estate Notices
SS~~~W=MA~~
Washington, Pennsylvania
(PUBLISHED ElY WASHINGTON COUNTY BAR ASSOCIATION)
PROOF OF PUBLICATION
' In compliance with the Newspaper Advertising Act of May 16, 1929, P. L.
! 1784 Sec. 3, paragraphs (3) and (25).
·,CouNTY OF WASHINGTON l SS.
-STATR OF PENNSYLVANIA (
Personally appeared before me, a Notary Public in and for said County and
Commonwealth CHARLES C. KELLER, who, being duly sworn, deposes and
says: that he 'is the Editor of the WASHINGTON COUNTY REPORTS, the
official legal periodical for. said Washin11ton County, publis'hed we~ldy hav!ng its
place of business at Washmgton, W;~shmgton County, Pennsylvama, and IS act-
ing as its agent in t'his behalf; that the said WASHI_NGTON COU~~
REPORTS was established on March 31, 1920, and was designated as the official
legal publication for Washingtqn County, Pennsylvania, by. order of. the several
courts ol said County dated November 11, 1920; that the pnnted nouce or adver-
tisement attached her~to is a copy of a notice or advertisement, exactly as printed
or published, which appeared in the said legal periodical in its regular issues on the
following dates: ...
. ..... Aug.u..s.t. ... 3.l., _____________________________________________________ _
...... Sep.t.emb.er .... 7.., .... 14.., .... 1961 ................... .
that the affiant or the corporation in behalf of which he is acting is not interested
in the subject matter of said notice or advertising and that all of the allegations of
<h;, ,m,,.;, f))(;;;l;"' :~:~£U.~~
-...___~ -"' Editor
Sworn to and ~bscribed before met~~~ .·~···.:.
"""'--'~~~~-........--" /" -------:~~ay_ oL. ...... S.:~Irt~mJ?..~.r. ........ , 196..7.... _: : :_~:~
-~;,~~:~-.::
Washington, Washinyt~;~~a. •• -
My Commission Expir·es
November 1, 19B~l
The Register of Wills has granted letters,
testamentary or of administration, in the
following estates. Notice is hereby given
to all persons indebted thereto to make
payment without delay and to those hav-
ing claims or demands to present t'hem
for settlement to the Executors or Admin-
istrators or their Attorneys.
' ••••••••••• 0 ••.•••
FALCONI, DOMENICK, Dec'd. l ~.
Late of R. D. #1, Canonsburg, Wash-Ington County, Penna. Executor: Phillip Falconi, R. D. #1, Canonsburg, Penna. 15317 Attorney: Michael E. Kusturiss, 12 North Jefferson Avenue, Canonsburg, Penna. 16317
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1Jn tbr ®rp~ans' <ttnurt nf llas~ingtnn <nnunty .· ·
IN THE MATTER OF THE AUDIT OF ACCOUNT
. . . . ~r ..
In re Estate of.~~-~~~-~~-~---~~~~~-~~~---··········-~---············No .. ~3:::j.Q?~~--?-f. .. .7.l ... l!~.~--~-lst!x!~ 19 .... .7.! .. , AA
·--~~-~-~~JP ... F.~~~-~!:I-~'----~~-~-~---················································11!/I. ... E .•.. JS:-'J~.t.m-.i~.~~--.A.tty ....................... .
I ~~· '
Date of death.Aug.us,t .. .J~---l9.61 ..... Date of filing Inventory Appraisement ........... !~~-~-.,~9..~ .. )~-.9.~& ................ .
~~
TO THE AUDITING JUDGE:
. l . 1, •
.. Enter my appearance for. Personal Property Tax Due Washington County, viz:
·-
' IT E !VI · Valuation ...
1968-Su:g:Qlemental
Omitt·ed 1000 sh Turbocas·t now Natl Banner ~ 9.25 925o:oo
Omitted 67 sb American Life Ins. Co. @ 4._75 318.2.5_·
omi tt..:,n ~CliC\ ~:th lfli n+:i,. T.c.aA ~f"'."' r.:.. C\ 1RC: a., c:n , ..... ,
Omitted 'Mo"r>t:a AO'A-RhA'I'ImAn (! 'R'I'Int.m I .,o .,a -..,.-,;--,
omi tt...e..d._Notes -Wm & G6 Adamssn I 1 ?1-. Rn
n " Wm& GC Adamson 16<n q6
11: " Habert & Virginia Campbell 1307.4.0 J
111 n Joe Esnosta '· 1 {'\~ {'\{'\
11. " ]:,f,...,.,a+-;,.,... 141,..,,..,~.,....,. Qnnn nn
" ----·--11: "~ Angie LaSalJ.ria 622.25 .,
" "' Alfred Nate 1652 •. 6:3
11-11 Morris Popover "II...,_, ..,..., -__,. _,.,
" n. Nink Pihinn 1 'lA en ..., ...
11· n-Georgia Stnart -"2"1() ()() -·--" " Jobn Soloman & Peter Lathem c:nn no ""' 11' 11 .Tohn Ven~~skv Cl. en
""' ""' tl! 11. Pau] BoteJla co ()()
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' Omitted A~reements-Joe Butler l~l6J. 00
11 " Joe Butle:r-':t':tlt.~ 88. -Ill· " Audrey Higgenbathom ,r-':t c: {'\ (\ (\ {'\ ---11 IIi Be"Ssie & Fred Hruzhes 1 QA~ A?.
"' n· HA1 An T.i t:t:1 AhoT>,;.V 1227.59 ...
'(Centinued mn naue 2) -I Inventory Assess'ment 12% Assessment · Tax at 10% Collection Year Appraisement Returned Valuation Penalty 4 Mills Penalty 6% Interest Total Claim
. -. ' 19 68 5.125.0 Yes 61J,l20 6870' 256.t.,8 25.611 liQ .. Q2 ~~2 .0~
19 67 .. !i8890 Yes 5~75!2 5865 219.-02 21.20 56.10 ·.29:Z .02
19 66 48535 Yes 5!i.36o ,282,2 217 • .WJ.. 21.74 68.67 3'07 .85
19
.19
19
------TOTAL CLAIM 236.22
The foregoing is a statement of all items taxable as they appear in the Inventory Appraisement, Affi-
davit or Assessment filed for the purpose 'of determining the Personal Property Tax on said Estate ..
d ~ b · William c. Porter . ........ Jr ........... day of.. ....... ~.e.Q.e.m. ... ~:r.......... 19 ... :.71.. . :ixlSc~ Solicitor
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In re Audit of_Account in Estate of
AUDIT
Jrarripr fo.r .Appraranrr·
FOR
WASh-IINGTON COUNTY
PERSONAL' PROPERTY TAX
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I . . A. V.. CAPANO~ . I .
Solicitor •..
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19
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1Jn tbr ®rpqans' <!tnurt of llasqingtnn <!tnunty
· IN THE MATTER OF THE AUDIT OF ACCOUNT
In re Estate of ........................................................................ No .................. ~ .. , ...... · ... · ................ Term,· 19 ............ , AA
Affidavit
Date of death ........................................ Date of filing Inventory Appraisement., ......................................................... .
Assessment
TO THE AUDITING JUDGE:
Enter my appearance for. Personal Property Tax Due Washington County, viz:
.
"Page 2" ITEM Valuation ..
omitted Agreeme~s-David & Ruth Lee lL216.k9
" " -Louis Martin -98,3.00
" " Tonv Williams 1000.00 .
1967-Suppleme.ntal
.omitted :looo .·sh Turbocast Inc. Exempt I ------·~-.;..---·--
omitted 67. sh LoY-al American Life ·rns.·co. @ 3.1215 . 2Q_~!l:§
omitted-500 sh 'Pin tie @.0.1375 68.7-5
omjtted mortgAD'A-~hA,..YIIAn "R .... ,.,..t.rn -I ?Q ?Q
omitted notes-Wm &GC Adamson ' 11.126.80
'" " Wm & GC Adamson 1691.96
" .. " Leopold ·:Babib 702.68 .
" .. n· Robert & Virginia 'Campbell 1307.40
" " Paul Rotella 59.00
tt lti Joe Esposta lilOr:).OO
n: " Houston Foundrx Booo.o.o -" " Angie La Salvia 622.25
" n: Alfred Note 16.52.63
""
" It John Pollard 376.66
" lti Morris P ul vttr lh71. 77 .
" n: " Mike :einiou h. 38. '20 ·-
" It li-An-r>criA ~t:na-r>+: 71 n ()n
~ ... It Job~ Solnmnn JY. _p_at:,:i,.. T.at:hAn SOOQOQ
(ContinuAd nn Pal:!'a _1}
-I Inventory Assessment 12% Assessment Tax at 10% Collection Total Claim Year Appraisement Returned Valuation Penalty 4 Mills Penalty 6% Interest
"
-TOTAL CLAIM
The foregoi,ng is a statement of all items taxable as they_ appear in the Inventory Appraisement, Affi-
davit or Assessment filed for the purpose of determining the Personal Property Tax on said Estate.
·'······················day of .................................... 19 ........... . A. V. CAPANO, Solicitor
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No ................... , ............ , ....... Term, 19 ............. AA
In re Audit of Account in Estate of ·
',,
AUDIT
Jrardpr for Appraranrr
FOR
WASHINGTON COUNTY
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10.
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(·' PERSONAL PROPERTY TAX
4 ·-~':,
'A. V. CAPANO, · .
': ~ · · ' ' Solicitor '· ~ · ,-,-,•
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19
19
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19
1Jn tbr ®rpqrtn.a' <ttnurt nf. lla.aqingtnn <ttnunty
IN THE MATTER OF THE AUDIT OF ACCOUNT
In re Estate of·-------------------------------------------.----------------------------No ............ ------~--/ ------·---·-.--------------Term,. 19 ............ , AA
Affidavit
Date of death·--------·---------·--------------------Date of filing Inventory Appraisement·-----------------------------------·----------------------·
Assessment
TO THE AUDITING JUDGE:
· Enter my appearance for. Personal Property Tax Due Washington County, viz:
Page 3 JTE M Valuation
'
Omitted Agreements-Joe Butler 4161.00
"' " Joe Butler 3343!188
" It! Audrey Higgenbotham 3500.00
" n: Bessie & Fred Hughes 1285.86
" '."C).'·' Helen Little berry 1227.59
tt: " David·& Ruth Lee 4216'.49
" "' Louis Martin 983.00 . .
tt "' Tony Williams 3000.00 .
-
1966 ~ . Supplemental· . . .
~mittAd 1000 sh Turbocast Ind Rxemnt -----'
omitted 67_ sh Lo~al American Ins. Co. @ 7_.12~ !1:77.,28
omitted 500 sh Tin tic Lead Co. @ 0.18 90.00
omitted mortgage-Sherman Brown 429.29
omitted notes-Wm & GC Adamson 4126.80
n· It/ Wm & GC Adamson 1691.96
tt: "' Robert & Virginia Campbell= 1307~40
" tli Paul Rotella 59.-00
tt: ; Itt Joe Es:gosta . 1:1,105.00
tli n· Houston Foundrv 8ooo •. oo
tt: "' Angie LaSalva 622.25
" tt: Alfred Note 16~2.63
" tt; John Pollard ~76.66
( f!nnt:i_miAn nn "PIHJ'A J, \
-I Inventory Assessment 12% Assessment Tax at 10% Collection Year Appraisement Returned Valuation Penalty 4 Mills Penalty 6% Interest Total Claim
..
------TOTAL CLAIM
The foregoing is a statement of all items taxable as they appear in the Inventory Appra.isement, Affi-
davit or Assessment filed for the purpose of determining the Personal Property Tax on said Estate.
---·-··-··-······-·····-day of.·--·---·--------·--------·--···---· 19 .. _________ _ A. V. CAPANO, Solicitor
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No,. ________ . ______ _. __ , ____________________ Term, 19 ..
In re Audit of Account in Estate of
AU t:)·l T
Jrarripr for i\ppraranrr
.,
.-FOR
WASHINGTON COUNTY
PERSONAL PROPERTY TAX
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1Jn tbr. ®rp~an.a' <nnurt nf lla.a~ingtnu Qlnuuty
IN THE MATTER OF THE AUDIT OF ACCOUNT
In re Estate of ............................ · ............................................. No .................. ~ .. , ...... · .. ·.· ................ Term, 19 ............ , AA
Affidavit
Date of death .......... ·: ............................. Date of filing Inventory Appraisement.. ........................................................ ..
Assessment
TO THE AUDITING JUDGE: ·
Enter. my appearance for. Personal"' Property Tax Due Washington County, viz:
I Page 4 ITEM Valuation
.. ,-· oznj tted notes.:.Mori!is Eopovet' · lll71.77
' -n: 438~50 n .·-!Nick Pihiou.-
Ill Ill Geo·rgia Stuart 710.00
"' n John .Solomon & Peter ... La then 500~00 L.:
II: tt: _ .... John Ver~ersky 54.50
~ ~mi t·te'd Agreements-Joe ~utler 4161.00
! II: Joe Butler 3341~88
Ill " Audrei'Higgenbothom 350Q.OO "
Ill Ill Bessie & Fred Hughes 19~5 .• 86
'· " n: Helen Little berry 12?7;59 ·-" -II: David &Ruth Lee Y,216 ·!± 9
u: "' . Louis .Martin· .-. 98,3.00 -
" " Ton:r Williams 3000.00 --·
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Assessment Inventory 12% Assessment Tax at 10% Collection Year Appraisement Returned Valuation P.enalty 4 Mills Penalty 6% Interest Total Claim
19
19
19
19
19
19
--TOTAL CLAIM
The foregoing is 'a statement of all items taxable as they appear in the Inventory Appraisement, Affi-
davit or Assessment filed for the purpose of determining the Personal Property Tax on said Estate.
........................ day of .................................... 19 ........... . A. V. CAPANO, Solicitor
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.. In re Audit of Account in Es~ate of
FALCONI DOMENICK - -': :. . -------------.---------.Jt----------------------------------------------.. -.-----.
A·u·.DIT .. .
Jrarripr for i\ppraranrr
.· FOR
WASHINGTON COUNTY.
PERSONAL PROPERTY TAX
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. WILLlAM C. PORTER
.A.-U...;.t:'.4~ . ....... ~ .. ·e. · · Solicitor ;
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t• -' PETITION SUR AUDIT·
Testate Form j
IN THE ORPHANS' COURT OF WASHINGTON COUNTY
Estate of _________ D.om.e.nic.k.F.alc.oni ______________________________ .. No .. ___ )_Q~-~--Qf.J~1J ____ .... ___ ................ : ...... ..
Fiduciary ..... .PhUUP. .. F~J.9.RD-~------------------------------
J -------------------------·--···---------------------------------------·---------------------· Deceased.
~~~ ~~~
Decedent~s death _________ AJ.J.giJ§L~-•--J-~~ .7. .............. ----....... Grant of Letters .. _____ .. _.Agg ~~ L~-~-.J~-~ 1 ... ---............. ----.--.
This is the ______________ g:r.~L~_l}g_gl}~L _______________________________ account filed in this estate
If there have been former accounts filed in this estate, list file number or number and term ___________________________________ _
-·--·------------------------------------------------------N.o.ue ____________________________________________________________________________________________________________________ _
Election to take Date Election Place of;
Under MJXApal will. (cross out one) Fi I ed _________ ............. ..... .. ..... Record ...... ------------____ .... ___ _
Name of surviving spouse .. ________ ........... .J.ennie..R alconi----~-,: ............. : .................. ---......................... --.... -.. ----.... .
List issue, where material: \.
Did decec:Je!"lt marry after execution of will~ (indicate) ¥it No. Any children born after execution of will? (indicate)
~ No. If answer yes, name them _____________ ::--· _______ --------------_______ . __ . ___ ._ .. ______________________ .. ________ . ___ .. ___ . ___ .......................... .
Legatees
Jennie Falconi
Phillip Falconi
Yolanda Passalaqua
(
Fernanda Tonti
Mary Dalbo
List, if exceptions to above.: Adeemed:
None
If partial .inte'stacy, give facts:
None
Relationship
Widow
Son
Daughter
Daughter
Daughter
I
.Revoked:
·Interest
1/2
1/8
1/8
1/8
1/8
Lapsed:
Fiduciary, if deceased or not sui juris
Abated: ,Give Cause:
'\
.Notice to ;interested parties. · Have .all parties, having ei.ther vested or contingent ,inte.rests .and ·all .c.rediors entitled
to notice <Court 'Rule No. 9 .pa~agraph C: Sect·ion 6: Subdivision d received wri.tten r~otice of Jhe' f.iling of the account
and of call ·Of ·audit? Y:es. ~
If any exception ,give cause: .... None--------------------------------
;File copy of Notice
,and .date .of mailing .......... .P..Ei!.~~-m.l?.Ei!.r. .. ~ •.. J~.7 .. L .......................................... :----·----·------·---···-----------------------.··------------·
Is estate subject to the filing of. a Federal Estate Tax Return? ....................... X~-~---···················································-~-
Actual payment made on Pennsylvania Transfer Inheritance Tax. Amount $.!~.~--~-~~.:-~~---·····································
If the Will makes any portion of estate subject to a life-estate, give name and birth date of life tenant ..................... .
None ................................................................................................................................................................. _ ........................................................................................................................................................................ .
0 .,,
Give Names and addresses of all unpaid creditors who are legally entitled to notice, together with the amounts
of such claims; state whether they are admitted to be correct; and whether the claim is denied.
Al~ known creditors have been paid, except for claim as follows:
Personal Property Tax claimed by Washington County $936.92
This claim is disputed.
Give reference to such parts of the will as require interpretation by the Court; a reference to all questions re-
quiring adjudication, and a statement of any other fa~ts deemed necessary for the preparation of the adjudication:
r-
"' None
Balance for distribution per account, .
Itemize any additional debits not shown by account: $ ... l99.,.28.7.,.4S .......... .
Total\ ·additional de~its (Add) $ ........ 9.! . .9.9 ..... . ........................
ltemiz~ any additional credits not shown by account:
Total additional credits (Subtract) $ ....... .9.!_QQ ___ _ ..............................
Balance for distribution $ ... }.~-~! .. ?.~1-~-~-~---·······
If balance for distribution is not in cash, list each item held in kind, giving appraised Value (or distribution Value);
See Exhibits "A11 and 11 B11 attached.
·: r,
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. -~
---------------~-.---.----· -·-----~~~~~-----~------.-.-·-~
;-~
If Family Exempti~-n claimed by Petition, give place of Record: ....... N.9.11~---·······················································-~---···
If Family Exemption is claimed at audit, give name, relationship and basis for Claim:.J.en..uie .. F.ak.o.ui.... .. Wi.dQW.:
List any advancement or distribution on account that has been made, and nature and amount of same:
None
Suggested distribution of balance shown, both as' to principal and income, attaching signed and itemized elections
to take in kind if balance is not in cosh: residuary shares being stated in proportions:
Jennie Falconi, Widow
Phillip Falconi, Son
Yolanda Passalaqua, Daughter
Fernanda Tonti, Daughter
Mary Dalbo, Daughter
one half ( 1 I 2) cash
one eighth (1 I 8) cash
one eighth (1 I 8) cash
one eighth ( 1 I 8) cash
one eighth ( 1 I 8) cash
For Distribution of Real Estate~ Real Estate Mortgages and Chattel
Mortgages see attached Exhibit "A".
For Distribution of Stocks, United States Savings Bonds, Notes
and Personal Verbal Agreements see attached Exhibit "B".
COUNTY OF WASHINGTON, SS:
COMMONWEALTH OF PENNSYLVANIA.
The above named Fiduciary or representative thereof,
being duly .... S..W:Qr.ll ...................... doth depose and say
that the facts set forth in the foregoing petition are true
to the best of.. ......... h~~---············knowledge and belief .
...................... ~~-~~~---·········--to and subscribed before
~· th;, __ day 6Lf~--J.~ .. P.~u-----~----#JL
S1gnature of Off1cer .. _#. . . ... .... .. . .. v_tt:.¢2. ... : ~ ..
Title of Officer ... "._,_..~---·····;·.-·····:···-'································
. ELYN C; TELESKO, Nofary PuiiFre
Office expires ......... -~~~~~-~~~?.·-_.Y'r ~.5.~L'!9.t.~~ •. Cn-•. P.~ •• !.5-J ~~-•••••••
•. y ommiSSIOn Expires March 10, 1971
And your petitioner will ever pray, etc.
Executor
...................................................................... "'!"' ............................. -~·
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No .
Estate of Domenick Falconi .. .. .. ...... . .... --...... --... ··-:-::-------........................ -------------.. -.
................ -----------------...... _ ...... ---......... --.... -----·-.......... -.. -........ ---.. --.. .
Deceased
(
Fiduciary .............. ~~ilf(p Falconi ·:····i·-····.··~-----·-·····-------------
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, ••••'"••••••••••••••-••••••••"'"'"'"'"'••••:.••••••••••••••••••••••••••••••••••• 4 I
PETITION SUR AUDIT
FROM WHERE DECEDENT i.EFT A WILL
Counsel of Fiduciary will submit herewith the
following, in conformity with Court Rules
adopted effective December 3, 1951, being
J rule No. 9: paragraph b-e; and divisions
thereof: shown on pages 23-24. ·
1. Written praecip«:s. of .all Counsel in the
case.
2. Copy of order_ appointing Guardian ad
litem, if pertinent. ... ~ .. ....
3. Copy of Order appointing Trustee ad
litem, if pertinent. · ' ·
4. Proof of service of above.
5. Letters Testamentary or Administration
C. T. A or an attest copy of Will.
6. Copy of inventory and appraisement.
7. Proof of advertisement of grant of letters
if not filed with account.
8. Certificate of liens in case any of the
funds for distribution are from judicial
sale of real estate.
9. _Signed and itemized elections if any
distribution in kind.
10. Copy of Federal Estate Tax return if es~
tate is subject thereto. . ,
Attorney
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-· I
rOFFICE PHONI! 745·4890
OFFICE PHONE 341·5577 (PITTSBURGH LINEl
MICHAEL E. KUSTURISS
ATTORNEY AT LAW
l:l NO~ JIVI'PSON AVI.
CANONSBURG. PA. 15317
NOTICE
.R!S. PHONE 74!1-3535
In the Orphans' Court of Washington County, Pa.
Estate of Domenick Falconi, deceased ·
No. 1026 of 1971
Please take riotice that Phillip Falconi, Executor of the
Estate of Domenick Falconi, deceased, filed his First and Final Account
at the above number, and. that said account will be called for audit in
the Orphans' Court Room, Court House, Washington, Pennsylvania,
on Thursday, December 16, 1971 at IO:OOo'clock A.M., E.S.T. and a
decree of confirmation and distribution may be entered unless exceptions
or objections are filed.
f>ated: December 3, 1971
M .E. Kusturiss
. Attorney for Executor
12· North Jefferson Avenue
Canonsburg, Pa. 153·17
........ ~:: :.·-'.:.: ·.
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O!nurt Jl~an nf lianqiug~u nf <trnmmnu
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Q!nuuty
Domenick Falconi~ Estate of: ______ --:-------------1 ·1026 of 1971 , No._---"----'-----=---------
Deceased. r•
TO THE AUDITING JUDGE:
lr
r,·my 'Phillip Falconi1 Executor of Enter __ .:__---"---------'appearance for ______ -"'·-----·-------''---:--------h· ( the Estate of Domenick Falconi1 Deceased.
N. B.-Counsel shan; by separate paper, present a concise statement of each
claim, w.ith supporting calculation of any interest claimed. Objections
to an account as filed, shall be concisely stated ·in a separate paper.
Council suggesting proper distribution shall file a separate concise state-
ment in that regard.
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In re Audit of Account in Esta:te of
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~Q~XXXXXXXXXXXXXXXXXXXXXXXXX
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Domenick Falconi, Deceased.
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' 0 AUDIT
(
Jra.rript fnr 1\pptaraurr
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FOR
~hillip Falconi~ Executor
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.-'Michael E. Kusturiss~ Esq.'
Attorney
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY~ PENNSYLVANIA
ORPHAN'S COURT DIVISION
IN RE:
ESTATE OF DOMENICK FALCON!,
DECEASED. NO. 1026 of 1971
ELECTION TO TAKE IN KIND
The undersigned Jennie Falconi, Phillip Falconi, Yolanda Passalaqua,
Fernanda Tonti and Mary Dalbo, heirs and devisees under the terms of the Last
Will and Testament of Domenick Falconi, Deceased, do hereby elect to take in
kind the Real and Personal property described and set forth in the Inventory
filed in said Estate and as described and set forth in the suggested schedule of
Distribution set forth in the Petition Sur Audit in said Estate.
"" J ~-.
wiTNESS our hands and seals this ) / ~ay of December, 1971 • •
---:;::;-:------:;-~-:--=--___, _______ (Seal)
Fernanda To~i j j
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IN THE COURT OF COMMON PLEAS OF WASIDNGTON COUNTY, PENN..! •
ORPHANS 1 COURT DIVISION
INRE:
Estate of
DOMENICK FALCONI,
Deceased.
(
)
(
)
(
)
(
No. 1026 of 1971
HEARING ON AUDIT
BEFORE: The Honorable P. VINCENT MARINO, Judge of the
said Court.
APPEARANCES: MICHAEL E. KUSTURISS, Esquire, of Canonsburg, p,.,
representing the Accountant.
TIME: Thursday, December 16, 1971, at 10:00 A.M., EST
~THE COURT: Number 1026 of 1971, the estate of Domenic 1-a: 0 0. ~ Falconi, deceased. The Executor is Phillip Falconi and the attorney
1-a: :I 0 u is M. E. Kusturiss. lVlr. Kusturiss has filed all relevant papers
... o( u ii: and he reports that there are no outstanding claims, no problems fpr
II. 0
adjudication by the Court. Is there anyone else in Court interested
in this decedent 1 s estate?
( NO RESPONSE )
THE COURT: The audit of this account is ordered closed b
the Court.
( AUDIT CLOSED )
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENN1 •
ORPHANS' COURT DIVISION
INRE:
Estate of
DOMENICK FALCONI,
Deceased.
(
)
(
)
(
)
(
No. 1026 of 1971
HEARING ON AUDIT
~ BEFORE: The Honorable P. VINCENT MARINO, Judge of the
said Court. 1-l!l z
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~ APPEARANCES: MICHAEL E. KUSTURISS, Esquire, of Canor:sburg, p,.,
representing the Accountant. u
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<( u T.WE: Thursday, December 16, 1971, at 10:00 A.M., EST 0
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"' ui ~THE COURT: Number 1026 of 1~71, the estate of Domenic 1-~ 0 n. ~ Falconi, deceased. The Executor is Phillip Falconi and the attorney
1-~
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is M. E. Kusturiss. Mr. Kusturiss has filed all relevant papers
and he reports that there are no outstanding claims, no problems fpr
adjudication by the Court. Is there anyone else in Court interested
in this decedent's estate?
( NO RESPONSE )
THE COURT: The audit of this account is ordered closed bv
the Court.
( AUDIT CLOSED )
I hereby certify that the proceedings and evidence
:':! z t ~ are contained fully and aetcurate\y tn the notes tak,en by me on the he~~r1t1g
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of the above cal.lSep and that tht.B copy· is a. correct tran:script of the 11liame.
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; · 'I'he fo.l'€HJOing record of the proceedings upon the r. 1-r-N
tn heating of the above cause i~ hereby a1:..prou-ed and d1r,~cted to be filed.
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l Corrected Praecipe
lJn tbr ®rpqans' Qlnurt nf llasqingtnn <t1nunty
IN THE MATTER OF THE AUDIT OF ACCOUNT
. In re Estate of .... r..~l.9.QJJJ.t ... ~.9.~-~-~~-~~---------------------------No§}::-_~g_?.~---~~-]~-----~-~-~----£1M: 19}.~------1 AA
r.h~.+.~~P.-.~~J-~9-~~-'---~~~-~---------------------------------------------------~~~~--,~~-~-~:g:r.~-~~-'---At:tv:.~----------------------------·
. .Gil!!Ut '
Date of death ... A~g. ___ 3, ___ :;1,.9.9.7. ....... Date of filing Inventory AppraisemenL ...... J.un.e ... 19., ... ~9.68 ... :'----------------
~t
TO THE AUDITING JUDGE:
Enter my appearance for Personal Property Tax Due Washington Coun.ty, viz:
ITEM
1968 -supplemental
omi tte.d 67 sh American Life I~s. Co. -omitted SOO sh Tintic Lead Co. ·
1 QA7-&unnl Amen tal · -
"
" 11
It
"
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II
II
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• omitted 67 sh LovAl AmA'I"i ~An T.i f'A Tn~ Cn
omittea 500 sh .Tintic ·
omitted mortgage -Sherman Brown
omitted not_es -Wm. & G.C. Aa-a~~nn
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II
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11
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Wm. & G.C. AdAm~nn
Leopold Babin
Robert & Virginia Canpbell
Paul Rotella ·
Joe Esnosta
Houston Foundry
AnQ'ie La Salvia.
Alf':red Note
John Pollard ..
Morris Pooover
Mike Pihiou
~
q~orgia Stua:rt
' · · {con' t on DB.Q'e 2}
Year Inventory Assessment
Appraisement Returned
1968 !:J:lO ~s
19 67 42730 Yes ,,
19 66' 4-2175 Yes
19
19
19
Valuation
460
47855
48355
12% Assessment
Penalty
50
t;12 t;
5180
Tax at
4 Mills
1.84
Valuation
?()a ':lA --" ._,. ". _,
@ 0.117t; 68.7S
429.29
hl26 . 8'&
1A9l q£-,
702.68
1307.h0
59.00
21os.oo
8ooo.oo
622 .2t;
16t;2 .6~
376.66
lh71.77
I \
\ \ 710 .. 00
261.10
?7h C:Q
Please make check payable to Washington County Personal PropertY Dept. b~'\ ~ Tj TAL CLAIM 540.09.
_ The fo<ego,ng " a statement of oil 'terns _toxoble os they opp3;~ lt.nto•y App•msement, Aff,_
davit or Assessment filed for the purpose of determining·the Personal Prope·:~ax on said Estate. ·
_______ .28t.h ....... day oLF..e:Rrnar:y_______________ 19.1.2 ...... A. V. CAPANO, Solicitor . rj
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No ....... : ....... : ... , ............ .!~ ...... Term, 19". I . "
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In re Audit of Account in Estate of-
AUDIT
Jrarripr for .Appraranrr
FOR
WASHINGTON COUNTY
PERSONAL PROPERTY TAX
AA·
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. A. V. CAPaNO, . '"
Solicitor .
.... 9
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3Ju tbr ®rp~an.a' <nnurt nf lfa.a~ingtnn <nnunty
IN THE MATTER OF THE AUDIT OF ACCOUNT
Page 2
fn re Estate oL ... Falconi.,..J~onienick ......................... No ..................... , ··:··-------------------Term, 19 ............ , AA
· r : J t -----------------------------------------------------------------------------------------------------------------------------------------------------------------------·-------------
Affidavit
Date of death .................. :: ............. : ...... Date of filing Inventory Appraisement ................................... , ...... , ................ .
Assessment
TO THE Al.JDI"flNG JUDGE:
. Enter my. app~arance for Personal Property Tax Due Washington County, viz:
ITEM Valuation
.
Pager·2
1967 -.cont. .·
omitted agreements ----.. It II Audrey Higgenbotham 3500.00
n -·· ·n 'Ra(l a-i .co Jl.r. · li'YI.c.·n ·H110'hAa lQ8~ .86
n' 11
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1227.59 Helen .Littleberry.
-· .. ~ .• . n ll David & Ruth Lee Jt 216»J. q
~·
,II: n IN-Louis Martin·~ .. 983~00 '
. II It Tonv Williams 3000.00 ' . -· --.
' ' ' '
1966 -sunulemen tal '·
omitted 61 sb Lo~aJ American Ins. ca. @ 1•12$ ·1177· ~8
omitte.d 500 sh Tin tic Lead Co. @ .18 90.00 -omitted met,;ro;;o.Sherman Brown tt.29 .. 29 •. -'"'·"•--omitted notes ---Wm. .& G.C •. "Adamson 4126.80
omitted notes -.Wm. &· G.c. -Adamson. 169le96
" " Robert & Virginia Canmbell 1107.1..t.O ~
fl " Paul Rotella 59.00 -· " It Joe ·Es2osta 2126.00 ..-
" " Hrm !'tt:nn Fnnnrl'T"V Aooo .oo
~~-"' v
-~---n Ang~e ·. LaSal:2:ia .-622·.2~
II ,, Alf~ed NotA 16'52 .61\ -· -· . ,. n II John· Pollard none .. ..
cant on na,;re-1
I n'ventory · -. Asse-ssment 12% Assessment Tax at 10% Collection Year Appraisement Returned Valuation Penalty 4 Mills Penalty 6% Interest Total Claim
19 -~
19
19 .
19
19
19
Please make check payable to Washington County Personal Property Dept. TOTAL CLAIM
The foregoing is a statement of all items taxable as they appear in the Inventory Appraisement, Affi-
davit or Assessment filed for the purpose of determining the Personal Property Tax on said Estate .
..................... ~ .. day of .............. :..................... 19 ........... . A. V. CAPANO, Solicitor '
J
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No .. ~: __ ,:::-___ ~;~~-, ____________________ Term, 19 __
I
In re ·Audit.of Accou~toin Estate of
~ 0., c ' A ... ~.-, ~J f .. J~ \ :;·
AU o·IT.
Jrarripr for 1\ppraranrr
FOR
WASHINGTON COUNTY
PERSONAL PROPERTY TAX
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• ·A .. V. CAPANO, . * •
Solicitor .
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IN THE MATTER OF THE AUDIT OF ACCOUNT
In re Estate of ..... F.al.C.Qn:j,, ___ P.gxQ.~_n;t._Q.~--------------------------No ............ ---------, ----------··---·--·----·Term, 19 ............ , AA
Affidavit
Date of death _______________________________________ .Date of filing Inventory Appraisement·---·-----------··-·-···------------------,--·------·-··-·--·
Assessment
TO THE AUDITING JUDGE:
Enter my appearance for Personal Prope,rty Tax Due Washington County, viz:
Page_ 3 ITEM Valuation.-
· omitted notes -Morris Popover
tt U Ni,..lr.Pihin~l
n II Georgia Stuart 710~00
It It John Solomon & Peter Lathan soo.oo ..
j 54.50 n n John Vernersky
~-4161.00 ~ ., 'Joe Butler
n " Joe Butler 3343.88
" " AudreY Higgenbothom_ 3500.00
It " B,:HBtiA. _& li'rAn HnD"hes 1985.86 ··--
II -n Helen LittleberrY 1227.59
" -n: Da:2:id & Ruth Lee. 4216.49 , ' -' II II Louis Martin ; I 983.00 --,..
.
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Year Inventory Assessment Valuation 12% Assessment Tax at 10% Collection 6% Interest Total Claim Appraisement Returned P.enalty 4 Mills Penalty
19
I 19
19
19
19
19
Please make check payable to Washington County Personal Property Dept. TOTAL CLAIM
The foregoing is a statement of all items taxable as they appear in the Inventory Appraisement, Affi-
davit or Assessment filed for the purpose of determining the Personal Property Tax on said Estate.
_ .. ___ . _ ................ day of .................. _................. 1 9. _ ......... . A. V. CAPANO, Solicitor
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In re Audit of Account in Estate of ..
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Falcobi,. Do!llenick , . . . , ···-----·--·------------------------------------------------------------------···. :•'
CORRECTED PRAECIPE
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.· A·;uo·tT
Jrarripr for i\ppraranrr ..
FOR
WASHINGTON COUNTY
PERSONAL PROPERTY TAX
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MICHAEL E. KUSTURISS
--ATTORNEY AT LAW
12 ~ORTH•JEFFERSON AVENUE -
CANONSBURG,. PEN!'ISYLVANIA 15317
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IN RE: ESTATE OF DOMINICK FALCONI, deceased
TO: The Register of Wills of Washington County 1 Pennsylvania
APPEAL FROM REGISTER
The undersigned, PHILLIP FALCONI, Executor of the Estate of Dominick
Falconi, deceased, hereby appeals to the Court of Common Pleas of Washington County,
Pennsylvania, Orphans• Court Division, from the decision of the Register of Wills in the
above Estate in the following matter:
With respect to the Inheritance Tax Assessment of Personal Property in the
amount of $109,223.20 and Transfers in the amount of $257,177.40.
Phillip Falconi, being duly sworn according to law deposes and says that the
above appeal is not intended for delay.
Sworn to and subscribed before me this
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IN THE COURT OF COMMON·PLEAS OF
WASHINGTON COUNTY, PA.
ORPHAN. ·s··· CO.U~T~3VISIOJ/ NO.LtJ;?.--~~-/{
I
IN RE:
ESTATE o·F DOMINICK FALCONI
deceased
AMENDED APPEAL FROM REGISTER
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MICHAEL E. KUSTURISS
ATTORNEY AT LAW
12 NORTH JEFFERSON AVENUE
CANONSBURG. PENNSYLVANIA 15317
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IN RE: ESTATE OF DOMINICK FALCONI, deceased . . ' 1f:-J o:At, 1 I 171
TO: The Register of Wills of Washington County, Pennsylvania
. AMEt>JDED. APPEAL FROM REGISTER,
The undersigned, PHILLIP FALCONI, Executor of the Estate of Dominick
Falconi, deceased, hereby appeals.to the Court of Common Pleas of Washington County,
Pennsylvania,_ Orphans' Caurt Division, from the decision of the Register of Wills !n the
above Estate in the following ·matter:
With respect to the lnher!tance .Tax Assessment of Personal Property in the
amount of $109,223.20 and Transfers in .the amount of $257,177 .40~ more particularly
set forth in Schedule "G" of the Federal Estate Tax Return, a copy of which has previously
" . been filed ·with the Register of Wills Office of Washington Countyl
reason that said transfers where not made. in contemplation· of-d t two ( 2) years of decedent's death. · · . / ""--:W/..-
~~~~~~~~~~
Phillip Falconi; being duly sworn-according to law deposes and says that the .
above appeal is not intended for delay.
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15317
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IN RE: ESTATE OF DOMINICK FALCONI, deceased 1fro~01(f1/
"' ~. . .
TO:.
·.. ,
The undersigned,· PHILLIP FALCONI, Exec~tor ofth~ Estatci(o(D~iniC~ :'
Falconi, deceased,. h~reby ap~~ls. to the Court of Common Plea~ of Washingto~ County:. ·
. . :· ~~ ... ·.:r.\ .. :·~:.~· .... ~.-~.··.··: . · .... ,
Pennsylvania,_ Orphans' Court Division, from the decisi~ ofth~ Regi~te.r of Wills i.n th~· •. · .. ·
above Estate in the following matter: ·
·. With respect to the lnheritan~e .Tax Assessment of Pers?nal Property· in the·
. .
amount of $109,223.20 and Transfers in the amount of $257,177.40, more partic.ulel!'ly
set forth in Schedule "G" of the Federal' Estate Tax Return, a copy of which has previously t
I been filed with the Register of Wills Office of Washington County, Pennsylvania, for .the· .
1 reason that said transfers ~here not made in contemplatio~~_ord·--)h.J3.?c!. ... who/e m.ade prior to ~wo ( 2) years of decedent s death. . ·. // ~~d0"z. ~e'~::;'-<-c.=:r-< ! •
..... ~ lilip·Falconi, Executor ot the
l Estate vf Dominick Falconi,:
D.eceased
Phillip Falconi, being duly sworn according to law deposes and says that the
above appeal is not intended for delay.
. . :4 . ,, .. / . . \, ' . ;a'·. ''· . ., . .z . -.
Sworn t() and.subscribed before me this {2 'day~ /'::..),'2 · ,\1972 •
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, . . ~TTC·.!?.~IEY AT LAW·
~ 12 rovr< I M .;EFF~RSON AVEN~E ... ' / ···4:.:·:.· ;·.
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IN RE:
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ESTATE OF DOMINICK FALCONI, .. deceased .. '·~ .
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The Register of Wills of Wash·ington County, Pennsyiv~nia · . . ,. .
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APPEAL FROM REGISTER
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The undersigned, PHILLIP FALCONI, Executor ~fthe Estate of D~miniCk .
Falconi~ deceased~ hereby appeals to the Court of Common'PI~as ~fWashington County;··· . . . . . . .
:Pennsylvania, Orphans' Court Division, from· the decision _o(the Register of Wills .in the
';., · ..
above Estate iri the following matter: '·.
·With respect to the Inheritance Tax Assessment of Personal Property i~.t-h·e ·
amount of $109,223.20 and. Transfers in the_ amount of $257,177.40.·.
.~ ,·
Phillip Falconi, being duly sworn according to law deposes and says that the~
above appeal is not intended fer delay.
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f I ,.....,')..-,_ Sworn to and subscribed before me this· day of / 1'7 ~~-r, 1972.
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IN.RE:
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. CANONSBURG. PENNSYLVANIA· 'iS3!7 ·
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ESTATE OF DOMINICK FALCONI, deceased
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The Register. of Wills ofWashington County, 'Pennsylvania· · · •, I
,·_
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. . ' .. ~-,.. -:.:. -. : :' APPEAL -FROM REGISTER.
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The undersigned, PHILLIP FALCONI, Executor·ofthe Estate of Dominick
Falconi I deceased, hereby appeals to the Court of Common Pleas of Washington County I
Pennsylvania; Ophans• Court Division, from the-decision of the Register of Wills in the
~: :. : : ; ~~-.: • .-·r~ .. ~ ~ .. :;.-~:·
••. ,.v"•. above Estate i~· the .fo_llowing matt~r: ·'''! ·'. ~
~ . . .
.With respect to the Inheritance Tax Assessment ~f Per.sonal Property in the
amount of $109,223.20 and-Transfers i.n the amount o($257,177.4CL.: ..
·of"!'.
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Ph'illip Falconi, being duly s.;_,orn ac~ording to· law deposes a~d says that.th~
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above appeal is not intended for delay.
Sworn to and subscribed before me this
Register o.
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IN THE COURT OF COMMON PLEAS 0
WASHINGT.ON COUNTY, P.ENNSYLVANI . ., It ' • ·. •.
O~PHANS.!-.• COtJR'D
-------------~------7---------
No~ 1026 of '1971
--~-----------~---------------
IN RE:
ESTATE OF DOMINICK FALCONI,
Deceased.
0 R DE R
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MICHAEL E. KUSTURISS
ATTORNEY AT LAW
12 NORTH JEFFERSON AVENU,E
CANONSBURG, PENNSYLVAN
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
ESTATE OF DOMINICK FALCONI,
Deceased
)
)
) NO. 1026 of 1971
)
)
to the Court that the Commonweal~ Pennsylvania, Department of
Revenue, Bureau of County Collections advised the Executor of
the filing of Supplemental II Appraisement in the Estate of
Dominick Falconi, Deceased, with the Register of Wills Office of
ashington County, Pennsylvania adding transfers in the amount of
$257,177.40 to be taxed~ and it further appearing to the Court
that an appeal was filed to said Supplemental Appraisal and the
~
same is now at issue~ The Court sets the~day of __ ~~~~~-
1972 at / £>.."~ o'clock, if 1m. as a time for hearing I Appeal.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNJl .
IN RE:
ESTATE OF
~ DOMENICK FALCONI,
z < ~ Deceased. >-Ul z z Ill 0.
ORPHANS' COURT DIVISION
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No. 1026 of 1971
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HEARING ON MATTER OF CLAIM
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THE HONORABLE PAUL A. SIMMONS,
Judge of the said Court.
MICHAEL E. KUSTURISS, ESQ., of Canons bur~~
Pa., representing the estate.
WILLIAM A. JOHNSON, ESQ .. , of Washington,
. Pa., representing thE; claimant.
July 13, 1973 and August 22, 1973.
Jacqueline Hammond
Official Court Reporter
Orphans 1 Court Division
e
INDEX TO WITHIN TRANSCRIPT
WITNESS
ANDREW J. MERVA
~ WILLIAM BRENNAN
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Cross Redirect Ra::ross
15 20 22
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38
EXHIBITS
A -· Record of disbursements by check number for Falconi Motor
Leasing Company, Account 262PF (Phillip Falconi), for the
years 1963-1967.
List of mortgages and notes given.
Ledger for Account Number 262 PF, Notes Payable (Phillip
Falconi).
------------------------------...,..-------.
4
MR. JOHNSON: If the Court please, this is the time set for
the hearing in the estate of Domenick Falconi~ Number 102o
. of 1971. We have a claim on behalf of the Pennsylvania Department
of Revenue, Bureau of County Collections~ based on two supple-
mental appraisements of the Falconi Estate made on March 28
and April 12~ 1972~ respectively. The original appraisal on the
estate~ as a matter of background, was $242, 824.08. The
. first suppi~mental appraisement included a matter totaling
$109,223.20, and a second supplemental appraisement dated
April 12., 1972, included matters totaling $257 .. 177.40, bringing
the total which the Commonwealth claims is subject to the
Inheritance Tax., $o09., 224. o8.
I have Mr. Andrew Merva with me today from
the Department of Revenue, who would testify as to the dates
of the appraisals and subject matters, if the Court would wish.
ANDREW J. MERVA IS CALLED AND SWORN.
EXAMINATION BY MR. JOHNSON:
Q Would you state your full name for the record, please?
A Andrew J. Merva.
Q And by whom are you employed, Mr. Merva?
A Department of E,evenu~e, Bureau of County CoHections. ,. ' ~ ~ ,' . '
Q What is your position with the Department of Revenue?
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A District Supervisor~·
Q And for which district is that!
A Washington~ Fayette and Greene Counties.
Q For how long have you been so employed? -· A It will be ten years, August 1st~ this year.
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And, in performance of your duties, did you cause to complete
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certain appra'isements of the estate of Domenick Falconi, at Nmp.ber
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·e The first supplemental appraisement of the $109,223.20 pertain~d
to Schedule C of the Federal Estate Tax Return and under
nomenclature, Falconi Leasing, Route 18 Mobile Homes, not
recorded, original in possession of Phillip Falconi, Executor,
for a total of $109,223.20.
The second supplemental two was filed on April
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12, 1972, which was contained in the Federal Estate Tax Return
Form 706 under Schedule G., which were mortgages. notes and
sales· agreements with income to the decedent.
Then that was the reason that you filed the supplemental assess
ment, was based on the information that you received from the
Federal Estate Tax Return.
Yes.
Were those assessments given to the Executor of the estate?
Yes.
I have no further questions .
CROSS EXAMINATION BY MR. KUSTURISS:
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Mr •.. Merva. the $109, 223~. 20 is represented by a distinct
checking account, isn1 t that correct?
Under the Federal Estate Tax Return it was represented as
Falconi Leasing Homes, and in your Petition for Distribution,
it was represented as Falconi Leasing Homes.
Did you go down and check this account out?
Yes. I did.
In speaking ,to the Executor. to the Ace ountant, w eren1t you
advised that a lot of these matters that were included in the
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Federal Estate Tax Return as a matter of convenience were pla< ed
where they were placed because no gift taxes had ever been paic,
and this is the way the Federal Estate Tax people picked it up
for tax pupposes?
I was advised of this. How 'ever, I asked the Accountant for
affidavits and factual information to support his evidence.
· And actually,-you are n<?t bound by the Federal Estate, Tax. Retm n,
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are you?
We are bound---my job as District Supervisor 'is to pick up any
items that are not reported for estate purposes, and which migt
be taxable for Pennsylvania Inheritance Tax.
You weren't bound, assuming that the Internal Revenue Service
had made a finding and you didn't agree with it, you weren't bot nd
by it, were you?
I did not see any findings by the Federal Government. I did
not have the adjustment by the Federal Government. I merely t< ok
your copy of the 706 that you filed with the Register of Wills.
I have a copy of my Federal Estate Return~and nowhere do thosE
figures appear in my return. Are you familiar with the fact
that those items were placed in the Federal Estate Tax Return
by the Internal Revenue Service itself?
I have no knowledge of that. However, isn't it true that the
Federal Government gives an adjustment? They actually don't
fix your figures in the 706. This is the first one I've seen,
j-·-----------t----------------~----~----------------------~--------~------1
8
b!=cause I've handled a lot of 70o 's in my time. They'll give you
a letter of adjustment showing the corrections they have made,
.but I don't think they ever make changes as far as your form 70t
i.'s concerned. I have never seen it before.
MR. JOHNSON: If the Court please. I thin~
'¥ e are getting a little off track here.
We're willing to base it on his testimony. We don't want to
go into it anyway, Your Honor. Is this all you have on this?
I have no further questions.
THE·COURT: Did you want to say some hing?
I was, but that's all the attorney has.
THE COURT: For my benefit, what
are you going to say? ..
For your benefit, well, I've examined quite a number of 706's
in my time, in fact in Jhe last oouple of months I've gone througp.
about 80 in two months. And I've never seen where the Federal
Government changes the 706. If there are any changes made
by the Federal Government~ they will give you a change letter .
. So what I'm trying to contend, the figures that were put in the
706 were evidently put in by your ace ountant.
MR. KUSTURISS: I have no further questions.
(Witness excused).
~~---~--------------------------::------,
9
WILLIAM BRENNAN IS CALLED AND SWORN.
DIRECT EXAMINATION BY MR. KUSTURISS:
What is your name, sir?
William Brennan.
Where do you live?
Canonsburg.
What is your. occupation?
Office Manager of Falconi Motor Company.
Now in addition to being office manager for Falconi Motor
Company---strike that. What are your duties as office manager.
The total supervision of the office functions, the ledger, the salEs
journal, purchase journal, disbursement journal, receipt journa ,
and the overall management of the office, supervising the girls
who make your entries and soforth.
When did you start with Falconi Leasing and Falconi Motor
Company?
January, 1948.
Could you tell us what accounts, if any, you took charge of in
that capacity that you have?
Well, I had pretty much supervision of all the asset accounts,
the liability accounts, the expenses, sales and costs, sales
accounts and soforth.
Q Were you in charge of Account Number 262?
A I am familiar with it, yes. l know urs a liability account.
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All the entries made to that account and all the deductions from
that account, are they made under your direction and supervision?
Pretty much so, yes. I would have directed the girls to make
disbursements against it or to show credits against it.
Mr. Brennan, I show you what has been marked Petitioner 1s
Exhibit "A"., and ask you to identify this, please.
Yes, I'm familiar with this.
Would you tell us for the record what it is?
Account 2o2., Phillip Falconi, out of the Falconi Motor Leasing
Company. It's a record of disbursements by check number, mace
• • cat the, direction of :'hillip Fal~oni. •
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What year were the disbursements, noted on there,· frs>mr,what year
to what year?
, . .
From 'o3 through 19o7; _.'63,· 1.64, 1~5; 1o6 and 167 . ..
Do you have any idea ,as to v:het::this p~rticular account was
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opened up?
It was probably initiated as early as '48 or 149 .
Who initiated the account?
Domenick Falconi.
Now did anything unusual happen in 1962?
Well, I was directed by Mr. Falconi from time to time., even prior
to that, that this account was basically Phillip's account; and
that from '62 on, that Phillip would have full control of the acco .mt.
Now after he made the statement toyou and this remark to you,
1 1
with reference to this account now~ who managed this account?
A Well, Phillip had control of ihe account.
Q Who had complete control of this account?
A Well~ I would, as office manager, in making directions to the
girls, the office girls, as to when checks were to be issued
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att Phillip's direction and any receipts forthcoming, of course~
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Falconi in 19o2~ did Domenick Falconi at any time request or
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...: u a: ... A Not to my knowledge, no.
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Q If he had, would you have known this?
0 :I ., A I would have known it, yes •
:t ... r-N Q Every check that is noted from 19o2~ that's noted on those two
ui a: Ill ... a: sheets., through 19o7~ were made to the credit of whom?
0 II. Ill a: ... A Phillip Falconi.
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THE COURT: I don't think you'll have
e to do that.
MR. KUSTURISS: I want to take some of thE
bigger items .
THE COURT: I think the main point we
want to know~ where did the money come from that we t
into this account.
-----------------------------------------------------~------,
12
A Well, Phillip would have made some deposits. And Mr. Falconi
Domenick would have made some deposits. Always with the
u~derstanding, of course, that it was for Phillip's benefit.
THE COURT: When did Mr. Falconi die?
i
I A Au gus t of 19 o 7.
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I
Going back from August,
< > ..I >-Cll 1965., August 3rd, I guess he died., since August 3rd,
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1965., how much money of this account came from Mr.
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~ Falconi, that is Domeni.ck Falconi, from his money,
X Cll < ~ he put in that ace ount for-the benefit of Phillip? From ~' ;.: ' .
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It would be nominal.deposits.
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ui how much would' it be? That's the issue. a: Ill
1-a: A 0 II. I don't have that information here before me.
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THE COURT: I think we ought to have
the accountant testify as to where this money came frcfm..
Q Were you familiar with any deposits made between 1o5 and 1o7
to this ace ount by Domenick Falconi?
1 3
A I don't recall, offhand. I'd have to go back through the records
to determine th~t. It would be very nominal. ',',
THE COURT: But you see, regardless c
how nominal, if that money is donated to that account
by Domenick Falconi within two years of his death, ,.
it's taxable. That's what the issue is here, and you've
got to have records here to show it, or else the pre-
sumption is it's all taxable. Do you want to recess to
get your books in order here so you can prove this?
MR. KUSTURISS: Can I put ori the record
whatever testimony I can today?
THE COURT: Let's get moving on this.
We don't want to postpone this forever. This case is al nost
six years old now. We will put on the record what you~ ant
to put on now.
After 1962~ who made the,depx:>sits to this account?
To the best of my knowledge, it was always Phillip or Phillip's
direction. He exercised almost 100% control GiHthe account frorP,
162 on.
THE COURT: You said there were
·nominal amounts put in by Mr. Domenick Falconi.
A · I would have to check the records.
Q I notice in 1963~ a check was drawn in the amount of $15~ 000
1 4
to C. H. Allen, do you know what that was for?
A I think that was in payment of part .Of Phillip's investment into
a plastics company.
THE COURT: Mr. Kusturiss, I'm not
trying to dictate to you how you should run your case
here1 but I think that the relevant thing is who put the
money in the account. It's been established that Phillip
wrote all the checks, with the exception that there was
one check of $111 000 ~hat was paid to Domenick Falcon
as payee, but other than that one check, the question
~ . . ' . here is who put the money in th~ account from August
3rd. 1965. And I think unless he has that information~
, A I mean there's nothing else relevant.
Q We wanted to establish that the account was Phillip's account
and in his complete control. I think that's established. I have
no further questions.
MR. JOHNSON: May I see what 1s been marked as Exhibit "A"?
THE COURT: I think you have a copy of it.
MR. JOHNSON: My copy is not complete, Your Honor.
15
CROSS EXAMINATION BY MR. JOHNSON:
Q Now referring to Exhibit "A", Mr. Brennan, these, of course,
aren't the books of the original entry. This is just a summary ta~en.
A It's a summary taken.
Q What w.as the purpose of this account? Why was it kept under the
~ z < > name of Falconi Motor Leasing Company?
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u ii: II. 0 but when do you recall was the date that Domenick
Falconi's name was taken off this account? Can this
be documented?
A I think it would have to be in 16 2 •
THE COURT: But this can be documentl:!d?
A Yes.
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THE COURT: When you come back aga n,
we want a documentation as to when Mr. Domenick
Falconi's name was taken off this account.
With reference to that, were the names of either Domenick
or Phillip actually on this account at any time?
At one tll.n.e they were. As a ·matter of fact, it would be designa ed
as D & P, when it was initiated.
Indicating Domenick and Phillip.
Yes.
This was back in '48.
Yes, the late forties .
During this time, and particularly after 1963, if Domenick came
in and asked you to write a check payable to him, would you hav 1:>
done ISO?
Only at the direction of Phillip. I'd have to have the authorizat on
from Phillip to do so.
Why?
It was his account. And I had no authority to authorize any
checks written without his approval.
And I understand your testimony is that you. in fact, did not
issue any checks with the exception of one $11, 000.00 check.
I'm not sure where that appears, but I think it was during 1963.
THE COURT: The Court will indulge
,•'
1 7
you by telling you it was ori September 10, 1965. And
it was check number 2196.
Q With the exception of that check, it is your testimony that no
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checks were written to Domenick after that time.
I Not to my knowledge.
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as between Domenick and Phillir, was placed into the account.
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During that period?
Over the period between 1963 and the date of Domenick Falconi11
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Are the original journals kept under your supervision?
a:
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Are the disbursements made also under your supervision?
ii: ~A Yes.
e Q Was the account titled Domenick or Phillip Falconi or was it
htled Falconi Motor Leasing Company?
The records were Falconi Motor Company.
Q These were kept under the records of Falconi Motor Company.
A Yes. But the liability account showing the liability of the corpor !:l.tion
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initially showed Domenick,. and then at a subsequent date~ we added
Phillip's name to it because I had been directed by Domenick Fa coni
that it was Phillip's account.
THE COURT: I want to ~sk you this---
this Falconi Motor Leasing Company, is this a corpora ion?
Yes.
THE COURT: . ' .Who was the controlling
interest in this corporation?
Well, it was Angelo Falconi and Phillip Falconi.
THE COURT: In other words, Domenick
Falconi had no stock or shares in Falconi Motor Leasirg .
No~ sir •
At some time, did Domenick Falconi have stock in Falconi
Motor Leasing Company?
To my knowledge he never did.
At no time?
No.
Was he an employee of Falconi Motor Leasing Company?
Domenick Falconi? No.
Why~ in 1948 and up until 19o2, was this account kept under
Falconi Motor Leasing Company for payment to Domeniek?
Well, first~ of course, we always needed money. w·e1re always
borrowing money, and Domenick would loan the money for the
corporation, rather than for us to go to the bank.
Would there be some other financial records then of the Falconi
Motor Leasing Company that would reflect these loans from Dorr. enick
·to the corporation?
Well, we have our receipt journals which would show any money
that is put into the account.
This account number 262., this was just an account from which
you paid out money, is that correct? Or did you also receive
money into that account?
We received money into the account too.
Is that reflected in the books of original entry?
Yes.
As to the dates and from where it was received.
Yes.
THE. COURT: Were these loans paid
off? Did Mr. Falconi receive the money back?
Only when they would ask for a check against it. But never any
demands made for it at any· time.
THE COURT: Do you have a record of c: 11
the ltJans that Mr. Falconi made to Falconi Motor
Leasingt Do you have a record of that?
A . We would have a record in our receipts journal showing the
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20
mone·y coming in, but we never acoepted it as a logn. It was
like a deposit .he~· .would make to that particular account.
THE COURT: Was it a gift or a loan?
You'll have to make up your mind whichever it is.
It wouldn't be q gift. Tecln~cally, you'd have to term it a loan.
THE COURT: , We 'd like to have a list
of all the loans· that he made to Falconi Motor Leasing
whenever you come back with your book.
Would that book also have a final balance as to the status of that
account as of August 3, 1967? You would have some balance,
would y rn not?
Yes.
Your book would reflect that also?
Yes.
I don't think I have any further questions at this time.·
~ REDIRECT EXAMINATION BY MR. KUSTURISS:
Q I have a question here~ Your Honor; to clear up the record,
Mr. Brennan, when the money was deposited to this account
by Domenick, if, in fact, it was, how did you take his deposit
to that account?
A How did I take the deposit?
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21
B:)l<ifihata]: mean did you take it as a loan to Phillip Falconilor
a gift to Phillip Falconi?
I always accepted it as a gift to Phillip Falconi.
When the money went to Falconi Leasing Company, that would b
what, as far as Phillip and the leasing company was concerned?
It went to a liability account showing the amount payable by the
corporation to Phillip.
In other words~ it would b.e an indebtedness owed by the leasing
company to Phillip Falconi.
Yes .
And not to Domenick.
No.
Did Domenick make any demand upon you for any amount of money
out of this ace ount after 1962?
Not to my knowledge, no. I can't specifically recall.
In fact, were any checks ever drawn in Domenick's name outsid~
of that $11~ 000 in 1963?.
On September 10~ 1963~ the $11,000 to Domenick Falconi3 but
I can't really recall the purpose of that withdrawal there, unles
Phillip bought some pro (:£rty from his dad~ and that was probab y
a payment for it. I don't know.
There is no doubt in your mind that all the money that was draw p.
out of this ace ount went for the benefit of Phillip Falconi~ is that
right, for his personal obligations'·?
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A Personal·. use? Yes.
Q I have no further questions.:·
~ RECROSS EXAMINATION BY MR. JOHNSON:
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Mr. Brennan, did yo·u also keep the income tax records for Mr.
Phillip Falconi and Domenick?
No., sir. I didn1t prepare those at all. They were done by
C.P.A.'s, an accountant.
I have no further questions.
(Witness excused) •
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8 EXAMINATION BY MR. KUSTURISS:
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What is your name?
Fern Tonti.
Where do you live?
Canonsburg.
What is your relationship to Domenick Falconi?
I'm his daughter.
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23
During his lifetime, were you employed by Domenick?
Not really.
What about your brothers and sisters? Did you perform any
duties or functions for them?
Yes.
What was that?
Any gifts that my dad made to us, I controlled and took care of.
How did you do that?
Well, I issued the checks. I took in the receipts and made the
bank deposits and I made most of the deals .
I show you what has .been marked Petitioner's Exhibit 11 B 11
, and
ask you whether or not--'---
·THE COURT: Excuse me, not to interrt pt,
are those pages nu.mbered here so we can keep track of
them?
They should be.
I show you what h~s been marked Petitioner's Exhibit "B"~
consisting of five pages. w·ould you look at that and tell me. if
you are familiar with that?
Yes, I am familiar with ·it.
And did you ha~e anything to do with drawing it up, consolidatin
.•,
th(Lhlf:to!P:rlnation that appears on tQ.at exhibit?
~
I Q yes. . I
1 Could you tell us what this. repr~sents?
A
~-----~--------------~~--~~~··----~-4---1
24
A These are mortgage,s and notes t~at we:re given by my father to
us, his daughters and son.
Who is us·?
That's what I said, his daughters and son; Mary Dalbo, Yolanda
Passalaqua, Fern Tonti and Phillip Falconi.
The information that appears on those five sheets, does it truly
represent the debtors and the nature of the instrument and the
date and place of recording and date of transfer?
To the best of my know ledge, I would say yes. I copied them fro~
all the legal papers.
And you say every entry made on there is true and correct to th
best of your know ledge, information and belief?
Yes.
Wherever a transfer is noted on here as being made, for examp e,
in 1966, this was taken from the official record in the Courthou~: e.
Right.
I notice that on many of these entries you have "Direct MortgagE."
What do you mean by that?
I mean it was never transferred from my father or from anyone
else. It was an out-right mortgage.
In other words, from the debtor directly to either you.; your
brother or your sister, is that correct?
A Yes.
Q When you·make reference to the direct mortgage, this is what
--------------------------------------::----...,
25
you mean.
A That's right.
Q The money that went into most of these mortgages back then,
where did it come from?
e A From Domenick Falconi.
~ z Q Who had control of the proceeds of these mortgages and judgme1 ts
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and so on? .J >-Ill z z Ill D.
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A .IT:he name of the person,whomever it was made to~ had complete
0 1-C) z control. I handled it for my sisters and my brother.
X Ill < 3: Q In effect, what you were doing then was handling all of your
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brothers and sisters accounts, and all the money was consolidated. I
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ui a: A Ill
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notes that we have invested in, but I still handle it in exactly
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the same manner.
Q When you got money, say, for example, on mortgage payments
each month, did Domenick Falconi> in any way benefit from this
money?
A No.
Q Did he ever make demands upori you for this money?
A No.
Q · What was done with this money?
A Well, it was used for our benefit. I mean to re-invest in other
mortgages. We never took any of this money, but we still haven t
in six years, because we wanted to keep it this way intact and
build up a business for ourselves.
Does Clan Corporation have anything to do with this?
This as what we call this.
THE COURT: What do you call it?
Clan Corporation. We call it that because the family is the
only one involved.
THE COURT: Am I to understand all
these mortgages have been assigned to the Clan Corporation?
By us, ·yes.
THE COURT: And the brothers and sist~rs
share in the stock of the corporation.
Yes.
Now many .of those transfers are over two years old, is that co:r rect?
Yes.
·And they speak for themselves;and some are not.
Yes.·
;Have you marked those that are not?
Yes.
27
Q WhiCh are those?
A Those are the ones that are encircled.
Q I believe those are the ones we had stipulated to on the record.
A Many of those were purchased from proceeds from mortgages e and notes that we had prior to this1 even in our own names. But I
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<( > .J >-Q Ill z I have rio further quest ions.
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...: !:! a: .... CROSS EXAMINATION BY MR: JOHNSON:
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Q And you took those from the pooks of entry down in the Recordei
' ~ of Deeds Office or in the tProthopotary!fo 'Office.
> , : '.. • .. '\ -
A Actually, from what I had in my files. But I p.aye Courthouse .
receipts and things·.
.Q From mortgage papers that you had in your files.'
---------------------------------------------------------------------~------~
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28
Right.
And what you called direct mortgages~ you have testified were
ones that----
Were paid by a check ~ you know~ rather than have the mortgagE
likeclmade to Domenick or made to sqmeone else and transferrec
over to someone else.
Let me finish my question. Let's~ for instance~ take the first
one on the list on page 1. The name is Joe Butler.
Right.
And it says Joseph R. Butler and Margaret E. Butler, his wife~
mortgagors., to Phillip Falconi~ mortgagee~ and that's labled
a direct mortgage. Is that mortgage made in the name of Phillip
.Falconi as mortgagee?
That's right.
And is that why you call it a direct mortgage?
That 1s right.
And the same would hold true for the characterization of all the
other mortgages on the next four pages.
Right.
Now do I also understand that although the mortgagee is designa ed
as Phillip Falconi~ that this money may have at least originally
come from Domenick Falconi?
It did.
Did it come from Domenick Falconi in aU these instances?
'·
29
A The majority of the money~ yes. I would say most all of it.
Q These were,in essence, gifts to his various children.
A That's right.
Q Do you have any personal knowledge as to how payments were
e made on the mortgagEs that are listed in this summary?
:5 A z How the people made----
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i Were they made to you?
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Now was this in each instance?
0 A :::> .., I received all the payments on all of these. This is right.
:t ... ~Q Now after you received the checks, what was done with the monEy?
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e Q Where was this account lcx:a.ted ?
A At Union National Bank in Cecil.
Q And that account was in the name of Domenick Falconi.
A That's right.
Q Was it in his name alone?
A No. My name was on it.
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Jointly~ Domenick Falconi and yours?
We both signed the checks. Either one of us could sign the checks.
Either one ofyou individually could sign the checks?
Right.
And for how long was this account held in this status?
Three or four years before he died. I can't give you exact~ytthe
dates.
Do you recall when the account was originally created?
Well~ it was 194 0.
Sometime in the 19401s?
I suppose. We just never changed it. I just continued to use tha .
Was your name on it when it was originally created?
Oh, no.
Was it in his name alone~ do you know?
Yes.
If you know.
Yes~ I do know.
Then at what point in time was your name added to the account?
Well, I signed it, many times I would sign his name, By Fern
Tonti, and then it went into my name or his name. I just can1t
remember when though. I would say, guessing, I would say fou
years before he died.
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Som~tim.e approxi~ately 1963. . ..... ' ~
I would say so.
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30
31
That it was formally opened in your name as well as his; it was
held jointly.
My name was just added on the card., so I suppose that 1s right.
And Domenick Falconi had the right to withdraw monies from thit:>
account on his own signature without your signature, is that cor ect?
Tha t•s correct.
Did he also have the authority to place monies into this account:
Oh, yes.
At various times., were any of these mortgages ever delinquent
in their payment?
Yes.
Were any mortgages ever written off as bad~debts?
No.
Were there a:ny foreclosure proceedings ever undertaken with
regard to any of the properties involved?
Not to my recollection.
Well, what occurred with respect to any mortgages that may ha e
been in default? What action vi/as taken?
To be very honest with you, I don't think there were any that
I know of. Mr. Kusturiss might know because he was the
attorney. Not that I know of.
Q. Do references toyour records reveal whether any of the mortga~es
were in default at any time?
A Yes, but I can tell you no from here, they weren't. I mean to
Q
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32
the place where we foreclosed. Is this what you're asking?
No. I'm asking you if you didn1t foreclose, what did you do?
They all ended up paying. People were delinquent a month or
two or three months, but they made their payments.
They continued tomake payments ?
None of them, as far as you know 1 were ever just forgotten abo lt
as a bad debt or written off.
None of mine.
When you say none of yours, doyou mean the ones held by
any of the children?
Thatts right. This is what I'm saying.
How did you determine which child would receive the monies frcm
this account, disbursements? I assume periodic disbursements
were made from the account.
We never made any disbursements. When Clan Corporation was
formed, then each child was set up and given credit for anythin~
that was in their name.
Well then, let's say between 1963 and 19o71 were there no monies
transferred out of this account?
To the children?
Yes.
No.
You just continued to deposit them into this account in the bank.
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That's right. That's the way we've done up to today, also.
And when was the Clan Corporation formed?
The same year my dad passed away.
Do ~ou know the specific date?
I would say it would be Al,lgust of that year. The same month he
passed away.
Well, do you know whether it was before or after your father diEd?
After.
After your father passed away?
Yes •
Do you know for a fact whether or not there are assignments
recorded to the Clan Corporation dated August 3, 19o'l'.from
the various individuals named as mbrtgagees in this list?
I couldn't swear to that. I know we had looked into this corporat on
and that's why I know it was formed in August. But I guess I
wouldn't want to pin myself down to the date.
THE COURT: The question is, whateve
day it was, were assignments made? In other words,
were these mortgages assigned to the Clan Corporatior?
Oh, yes. These mortgages were assigned to the Clan Corporati m.
I just can't give you the date.
THE COURT: Were those assignments
recorded downstairs?
A Yes. r--------n----_..:::.,..:_:_:_ _______________ 1--_l
---~------------------------------------------------------------------~-------
Q · I have no further questions.
THE COURT: Any further questions., Mr. Kusturiss?
MR. KUSTURISS: Domenick Falconi had no interest at all in
Clan Corporation, did he?
A Oh., no.
~MR. KUSTURISS:
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done before •
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Who are the stockholders?
Mr. Kusturiss, she said it was formed after he
I think she. was leaving the inference it was
,,
No~. She told us. it was ~he mo:nth of his death., .
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I said the 7th, and he said·the 3rd.
1'1 THE COURT: It couldn't have been the third, . because he died
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on the third. Was it after the third of August?
a:: A .... He died on the 7th.
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me August 3rd?
A Oh, my., God, I think you're right. lt1s the 3rd day, I'm 130rry.
You're right. 167, I'm sorry.
THE COURT: I se.em to be' the only one who knows when he diE d.
Any further questions?
MR. KUSTURISS: I have none, Your Honor.
MR. JOHNSON:. I lave none.
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THE COURT: Do you want any additional time to get this
information in? Because this thing has been dragging on for six
years now.
MR. KUSTURISS: We can have· it by Tuesday, Your Honor.
THE COURT: Will all counsel come over to my office in
chambers and we will set a date for the next hearing after we
adjourn. If we have no further testimony here today# we will
recess and we will reconvene at a date to be set by the Court.
~ MR. KUSTURISS: I will move, Your Honor, for the admission
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They are admitted. The Court is recessed in
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this matter until a date to be set in the next week or so. Let's
. adjourn to the chambers and set a date.
RECESS
.J ~ On Wednes~ay, August 22nd, 1973, ~t 10:00 o'clock A.M .• the hearing
ii: LL. 0 continued:
WILLIAM BRENNAN IS CALLED.
DIRECT EXAMINATION BY MR. KUS,TURISS:
Q Mr. Brennari, the last time you were here, you testified with
reference to certain journal entries that were made to account
number 262-PF. And at the Court's request# you were asked tc
35
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36
go back and pull out the ledgers· and show what deposits, if any,
were made to this particular account for the two years prior to
the date of death.
Right.
And in accordance with the instructions of the Court~ did you go
back to your books of original entry?
I did.
And did you up-date that account?
I did, to show four credit deposits to the account during that twc
year period before his deatp:, yes.
And what are you holding in your hands, sir?
This is a tru.e extract copy of our journal entries, our cash
disbursements journal arid our cash receipt journal, showing
the credit deposits made to that particular account, taken from
the records of Falconi Motor Company.
Were any deposits made to this account, cash deposits made to
this account?
Yes.
Two years prior to the date of de'ath~
Total of four made.
W~will refer to that as Exhibit "C" and ask you-----
THE COURT: Excuse me, Mr. Kusturi s.
Just to refresh my recollection, what was the date of
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death of Mr. Falconi?
August 7~ 1967.
What was the balance in the account as of July 31 1 1965?
It was $1221 583.93.
Now tell us what deposits were made from that date.
From that date on August 6~ 1965~ there was a credit deposit of
$1200.00.
By whom?
By Phillip Falconi. September 30. a'credit deposit of'$93. 96
is' made by Phillip Falconi. On August 31, 1966. a credit
deposit made by Phillip Falconi iri•the amount of $1.000.
On September 30. a credit deposit by Phillip Falconi for $950. 0~ •
And those were the total of four credits made in the two year pe iod.
Were any· other deposits made and not noted?
None. This is the extent of it.
If Your Honor please, I would offer into evidence Exhibit "C".
THE COURT: This account was in whosE
name?
Phillip Falconi.
THE COURT: His name personally?
Yes.
CROSS EXAMINATION BY MR. JOHNSON:
Q
A
Mr. Brennan, are you the person that originally prepared these
ledger cards?
Could I see what you have there?
I have a photostatic copy~ I presume, of whatever you had.
): es. i.
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THE COURT:
,
Excu·se me, please. ·--
Would you give thiS to tile witn:ss. so th.at he can refer
to it? I think that might 'be better'. ; · ."'·
Yes, I prepared this.
Do you maintain the records of Falconi Motors?
Yes.
You personally or someone else?
Or a disbursement clerk, yes.
to
And is this the same account that you referrEtd/in the earlier
hearing that had been opened approximately 1948 or 149?
This is the same account.
And just to refresh my own recollection on that, has it always
been carried under this designation as Notes Payable (Phillip
Falconi)?
Notes Payable, Account 262 PF. And in the earlier years,
under the name of Domenick too. DF.
THE COURT: Sir, just for the sake of
38
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39
our recollection, when was it changed from Domenick
and Phillip to Phillip alone? Do you remember that?
That would have to be back, I think, about in the middle fifties.
THE COURT: ~t that time, was Mr.
Falconi in good health ~back in the middle fifties ?
To my recollection, he was in pretty excellent health, yes.
THE COURT: There was no indication
he was going to die or anything of that nature?
None whatsoever. He was a rugged man.
Now from what appears on this ledger, was the source of these
funds,deposits, made into this account by Phillip or Domenick
Falconi between 1948 and 1967?
Yes •
And from what would appear on ~his ledger, the deposits were n ade
by Phillip Falconi after July 31, 1965.
Right. . .
What was the reason for rna intaining this account?
What was the reason for maintaining it? Well, it gave the Falc< ni
Motor Company funds on which to operate.
In other words, the Falconi Motor Company, it's a corporation
Yes.
And did it consider each one of these deposits a loan as it was n ade?
THE COURT: A loan to whom?
A loan from the individual, either Phillip or Domenick Falconi
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to the corporation .
Yes.
And then was each withdrawal then considered by the corporatior
a repayment of some portion of that loan?
Right. 'J (
• Is this the same status that this account has had s'ince its origin< l
formation? Was that its initial purpose in 1948 to serve as a
source of funds for the corporation?
For the !CY.p.epat;bd>il:;of the corporation, yes.
Ul <( ~ Q Was ther~ any ·formal document executed as between the corporation
and either Phillip or Domenick Falconi when a deposit or withdr:twal
was made in the manner which you have testified?
There was no formal agreement or anything of that kind. It was
always done on the basis of debits and credits, -either by the
receipt as a credit or as the check as a disbursement. We had n:::>
written agreement.
How were these loans and this account reflected on the financial
statement of Falconi Motor Corporation?
It's shown on the statement as a liability account, shown as a
note payable.
Q And to whom is it shown as a note payable?
A To Phillip.
Q And would it have been reflected as such since this time in the
41
1950's whenever the name was changed from Domenick to Phillir
on the ledger account?
A Yes. Sometime in the mid fifties. I'm not real certain of the
specific date, but it would be in the middle fifties.
Would your records reflect when the last withdrawal or deposit
was, in fact, made by Domenick Falconi to this account?
Our records would show that.
Do you have the records with you today?
No, because I was told to make this for the two-year period pri r
to his death, and that's what I did.
Your record would also reflect, would they not, the balance in
I ,·. . •
this account as .of the date it was transferred fr'om the name of
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Domenick Falconi to Phillip Falconi. ''
The records would show a balance, yes.
But you wouldn't have any_·knowledge-·of that .
.
No. Offhand, I wouldn't, no.
THE COURT: As I understand it, thougl ,
this transfer., as far as the name of the account is con< erned,
from Domenick and Phillip to Phillip alone occurred
in the 1950's.
It would be in the 19 50 1 s .
THE COURT: But before the 19o0's.
A Yes., prior to the sixties.
Q If Domenick Falconi had requested a withdrawal, would it have
42
been issued to him? . "
A It would be issued to him on the direction of Phillip. Phillip
would tell us what to do. He maintained control of the·whole thin~.
Q What was Phillip's po.sition with the ·corporation?
e A Secretary.
:! Q z What was Domenick's position with the corporation?
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z Ill II.
i Domenick's death. Domenick was secretary of the corpotda.tion
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MR. KUSTURISS: When you say corporation
0 Q :I .., I'm referring to Falconi Motors. Is that the name of it?
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And that is whose ledger card or ledger has been introduced
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corporate officer until after Domenick1s death.
0
e Q Was he an employee of the corporation?
A Yes.
Q In what capacity was he employed?
A He acted pretty much in the capacity as general sales manager.
Q Now again, are you testifying that had Domenick Falconi reque~ ted
a withdraw.al from this account, it would not have been given to !lim?
43
MR. KUSTURISS: This is objected to as be ir g
extremely repetitious. The last time he covered the
same ground and today he covered it again. This is the
fifth time he covered it.
THE COURT: I think the objection shoul ~
be sustained. I think he's testified that the money would
be paid out only on the order of Phillip Falconi. Is that
what you said?
That's correct.
I'm just trying to determine under what capacity it would have
• been paid out1 Your I:Ionor. :Apparently; Phillip was not an officer
of 'the c~orporation. • I ~ ! ,~ .
I
THE COUH.T: According to this ledger~
how would it be paid qut? ·, . '
It would be paid out by check. ~ ~ .. , •,
THE COURT: I mean in what capacity.
creditor or debtor? In other words1 would Phillip
receive the money as a creditor of the account or debtolr
or in some other capacity? That's what he's trying to
find out.
Of course~ Phillip exercised full control over the account. and
the girls just wouldn't issue a check---
THE COURT: This account was in the
nature of a debt owed----
~-------------------------------------------,,---------,
44
A By the corporation to Phillip.
THE COURT: So when Phillip would
receive money, would he receive it as a creditor of the
co~p~ny or debtor of the company or so:rpe other
cap~city? ThatJ~s what" he w~nts t9 know: Would he .qe
• " " ~ ' , . t T • '
a creditor, a debtor. or would he receive it as a trustee
or an agent for s OII?-ebody else?· . . .
The corporation would be a debtor to Phillip.
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THE COURT:
' i -
· So Phillip would be the
creditor.
Yes.
I'm concerned with one other thing also. And that is the authority
of Phillip Falconi to control these funds that were funds of the
corporation. He was not an officer~ you testified, prior to
Domenick's death.
THE COURT: I think your question,
if I may say so, is a little misleading. These funds
are not, you might say, funds of the corporation. as
such, are they?
Well, it was money in the corporation, and set up as a liability
under notes payable from the corporation to Phillip Falconi.
Q And they are reflected in the corporate financial statements.
A Yes. 'It always appeared as a liability from the corporation
to Phillip Falconi, would be the creditor.
45
Q And they are carried as loans on the corporate books.
A Yes.
Q Are you saying that Phillip Falconi., who was not an officer of
the corporation, had control over this fund,and Domenick Falcor i,
who was the secretary of the corporation, prior to his death,
did not have control over this fund, did not haye the authority :5 z < > ..1 >-to au:thorize withdrawals and disbursements? en z z Ill A a.
i
He just never asked for it. If there wasn't an exchange, it
0 to ~ z would be Phillip would direc.t the girls to isst.ie a check as a deb t
X en < 3: against that.
...: u Q a: Who were the other officers of the corporation?
to en ' c A ..1 < Angelo:: Falconi was President: I w~s trying to think who we hac
u
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N have to go back and check the corporate books on that.
ui a: Q Ill to Do you know who were the authorized individuals to approve
a: 0 a.
Ill a: disbursements of corporate funds?
to a:
:::> A 0 u Ang§lO and Phillip; Angelo Falconi and Phillip.
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A No. One signature.
Q Either one could approve?
A Either one.
Q And to the best of your recollection., did any other of the corpor te
officers have, U there was another corporate officer. did he have
approval to authorize disbursements from the corporate funds?
Q
A
A
----------~--------------------;-----
No. The only two that authorized it would be Angelo Falconi or
Phillip Falconi.
Was the entire source of the funds that are reflected in this
1 edgerJ which is Exhibit "C"?
THE COURT: Not to interrupt youJ but
by way of clarification, it's my understand_ing,'-hwaribto
clarify it on this business~ that this money., for exampl~,
. on this exhibit, this Exhibit "c_.••,' that this $122, 583.00 ,., ' . , . I •
was not ~fund,, but It<W!iS in the nat\.!r~ ,of a debt' owed
somebody.
I . .
Owed by Falconi Motor Company to the creditor.
• I '
' I
THE COURT: I think it1s a misnomer to
say this is a fund. I1m trying to clarify the record :h.eb~.
I 1m trying to clarify it in my own mind.
THE COURT: As I understand it from
your testimony, you correct me if I 1m wrong, this
$122, 583.93 is a debt owed by Falconi Motors to Phillip
Falconi.
Right.
THE COURT: So there is not a fund here.
It's a debt owed.
It's a debt owed.
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In line with that question~ it would be correct, would it not,
to any extent that this debtor were repaid, the monies would
{
be coming from the corporation.
Yes.
. .
As. far as you can recall,. was the~-e .. any formal document executed
at the time this debt which had be.en owed to' Domenick Falconi
was transferred into the name of Phillip Falconi, as you testifie!d
sometime in the fifties?
It would be in the m rldle or probably from the middle to maybe
'58, 156, '57, 159, somewhere along there.
And was there any formal release of this debt from Domenick
to the corporation?
Just a verbal understanding from Domenick that it was Phillip's
How were you advised of that verbal understanding? How did
you come to know of that verbal understanding?
Well, basically~ when the franchise or the corporation was forrr ed,
it was basically formed for the future benefits of Angelo Falconi
and Phillip Falconi. And Domenick had told me repeatedly that
these funds were Phillip's funds, that he would exercise control
of them.
THE COURT: I'd like to ask this questic n:
When did you start entering, making entries in your
ledger and soforth? Did you do this immediately when
he said these are Phillip's funds, or did you wait until
48
some subsequent "time to compile these ledger sheets?
A It was a running account. It never changed.
THE COURT: ,. But I mean did you have t is
typed on here in the fifties ?
caption here, Not~s· Payable;; "Phillip Falconi, was this e
~ z A < It would be in the middle fifties. > ..I >-Ul z z THE COURT: And you captioned the accpunt
Ill II.
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Actually~ the caption was 262 PF DF.
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1-Q 0: I have no further questions.
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ii: II. 0 MR. KUSTURISS: None, Your Honor.
MR. KUSTURISS: We have no other witnesses, no other testimony
and we move into evidence our exhibits, Your Honor.
THE 'COURT:·. They are admitted. Any .. •Objection to his
exhibits?
49
MR. JOHNSON: . I have no objection to the exhibits.
THE COURT:' Do you have any evidence or testimony?
MR. JOHNSON: Your Honor, I may be mistaken, it was my
understanding that there was going to be f?Ome testimony as to tr e .
bank account for .,t~ese mortgag,E;!S at the ~~lose o~ our last hearin
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MR. KUSTURiSS: No,. sir. :we iJ.l os'tarid;on' the recor.d.
THE COURT: You '11 stand on the record as it is now. . . '
. • (' /t
MR. JOHNSON: I'd like to recall Fern'Tonti for that purpose, . ,,
then, Your Honor. · Mrs :"·Fern Tonti.
THE COURT: Sure, you can do that.
MR. KUSTURISS: You're not making reference to this account.
MR. JOHNSON: No: I'm making reference to the other item.
MR. KUSTURISS: There shouldn't be any dispute on that one, sho ld
there?
(At the direction of the Court~ off-the"record discussion was
not recorded by the stenographer).
FERN TONTI IS CALLED.
DIRECT EXAMINATION BY MR. JOHNSON:
Q Mrs. Tonti, let me try to clarify something that, at least I thought
was left open at our last hearing. I believe you testified that the
various mortgages and loans which had been carried on the
Commonwealth Supplemental·Appraisement and which had been
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listed on Exhibit "B" in our previous hearing were generally in
your control and that you would make collections.
MR. K UST URISS: I think he's going to ask
about the particular items that were opened at the
Union National Bank. Is ,that what you're talking about.
Yes. Concerning the mortgages and/or loans that are reflected
on Exhibit "B". I believe you testified that there was a bank ace )Unt
opened in your nam.e, and in the name of Domenick Falconi to
collect the monies that were received from these mortgages.
No, I didn't say there was a bank account opened. I said we
used the same bank ace amt.
Well, would you describe to me exactly what the mechanics of
collection were then?
MR. KUSTURISS: If Your Honor please. thi 3
was covered fully the last time. He's going over the
same ground.
THE COURT:
you
I'll have to overrule/on
that. I think he's entitled to this.
Most were made by mail; payments were sent by mail to my off'ce.
And I. in turn, made the receipts and marked the books and rna led
the books back;. I prepared the deposit and I saw that it got to
the bank.
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51
Would these be checks that w ruld come into your office?
Right. The majority~ and then1 of course, there would be
people that would come into the office and pay them.
And pay cash?
Right.
And again1 you are referring to the various mortgagevs on
Exhibit "B".
Right.
THE COURT: What was the caption of
this thatyou made deposits in what account?
We kept that Domenick Falconi. I used it as a convenience~ so
that we wouldn't start another account.
Do I understand that these monies~ as they were collected,
were then deposited in the bank ace runt?
Yes.
And that's with Union National Bank.
That's right .
And what office was that?
Cecil.
The Cecil branch?
yes.
And what was the caption of that account?
Well, like I said, it was Domenick Falconi. We never did chang~ it.
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.... , 52
It was in Domenick Falconi's name alone?
The account was Domenick Falconi~ and the'n I was permitted
Fe>:· sign the checks.
THE COURT: As I understand it~ the persons
who opened the various mortgages would be~ for examp e~
dif.ferent children~ is that right ?
Right.
THE COURT: And you were like a custo~ian of
this account for the benefit of all these children.
I took care of it., like I was like the secretary for them., that's
· right.
THE COURT: And you could draw check~
on this account at any time at your will.
Right.
And if I recall your testimony from the previous hearing correc ly,
Domenick Falconi was the original source of any of the funds the: t
created these mortgages. is that correct?
Right.
And would that apply to every one of the mortgages or loans that
appear?
I won1t say every one. Let's say. I think I said like 90o/o.
Would you be able to identify the ones that he was not the source
of the original funds?
You'll have to understand~ if I pick one out" maybe some of the
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53
money was used from :him and maybe the majority was from our
own funds. And ther'e may be some that maybe 20o/o was our fundls
and he made up the difference~ gifted us, the balance of the mor ey,
in order to buy a mortgage. When I pick out the ones, I'm goir ~
to pick out the ones th~t I would say the majority of the money
came from the children. I would say Corselli would be one, thE
last one.
THE COURT: What number is that'?
Do you know, Mike? I have them listed separate somewhere the e.
I don't even know if they are on here.
THE COURT: Referring to this exhibit,
this is Exhibit "B", I think you will note that each one
of these mortgages are numbered, so would you refer
to the number as a number and a name?
Okay, fine.
THE COURT: It will aid us in identifying
these various mortgages.
I think that Corselli is the only one there with a couple more
that were added on the state return.
THE COURT: What number is the one
you are speaking of?
I'm sorry. That's 38. That would be the only one on here.
That's the only one that's on Exhibit "B".
Right.
54
Q Would there be any record as to who contributed what portion of
that fund?
A Well1 they would have been contributed equally on that particula
one.
Q In other words 1 $4200.00 would have come from Domenick Falc ni.
~ z A No., no. We'are talking about number 38 now.
< > .J >-Ul Q Yes. z z Ill D.
i A Okay. I would say none of the money came from Domenick Falcpni
0 .... Cl !: on that particular one.
X Ul < ~ Q It would have all been from one or more of the children.
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Q Now would there have been any record of that transaction kept
0 :I .., as to who contributed what portion of the money?
l: ... " .... A Not really •
rti 0:
Ill .... 0: Q In any event1 do I understand then., that the money was placed in
0 D. Ill
0: the bank account under the name Domenick Falconi? ....
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0 u A What money?
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u ii: Q The monies as they were received on the mortgages.
II. 0
A Oh1 yes.
Q The payments on the mortgages.
A Right.
Q · But that you had the power to withdraw from that account.
A Right.
Q And do you knqw whether Domenick Falconi also had the right
55
to withdraw from that account?
A
Q Did he maintain that up until the date of his death?
A Yes.
e Q Do you know what the balance in that account was as of the date
:!! z of his death?
< > ~
)-A Ill It was approximately $10,000, maybe 12~ something in that are< .
z z Ill II. Q i
I believe that you testified at our previous hearing that there ha<
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~ never been any withdrawals from that account.
J: Ill < A ~ Oh, no. I could never ha:ve said that.
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Is that not your testimony?
Ill Ci
~ A < Oh, no.
~ 0 Q :I ., Were all payments from these mortgages placed in that account t>
:t .... " A N Yes.
ui a: Ill Q 1-a: Would you have those records as to transactions that pertain to
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that account with you today?
0:
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~ < u Q ii: Of this Union National Bank account.
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A No.
Q You w ouldn 1t, of your own know ledge, know that the cash flow ·
had been in that account during the years that these---...:
THE COURT: Are you sure she unders ands
what you mean by cash flow?
Q I'm talking about the monies that would have come into the
56
account and had been disbursed from the account during the time
these mortgages were in effect.
A In dollars and cents,?
~ Yes. e A No. I can tell you, like I said, all the receJ;.p:>ts did go into that
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account, and anytime we went to buy something, the check came
> .J >-1/) z out of that account.
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i Q What types of disbursements were made from that account?
0 1-"' ~ What were the reasons that the checks were drawn out?
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you know, to buy mortgages or notes, or any legal expenses.
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Were any disbursements in the form of profili or distribution)
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e Q So that would any disbursements from this account have been in
the form of an expense for the continuing maintenance of this
type of an arrangement concerning the mortgage property?
A I'm sorry, would you repeat that?
Q Were they all disbursements for expenses relating to the
management of th,.ese mortgages?
A Well, yes, any bus.iness expenses.
Q I have no further questions.
:5 EXAMINATION BY MR. KUSTURISS: z < > g Q
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The bank balance at the time of death, in the Union National
Bank, was that tax on that already paid?
Oh,. yes.
So that's not an issue in this case, is it? You already paid your
Inheritance Tax that had to be paid on that particular balance.
Yes.
Referring back to Exhibit "B",. I notice the majority of these
are direct mortgages.
Oh, yes.
Into various children, isn't that correct?
Yes .
And did Domenick Falconi ever claim ownership in these, any oil'
these mortgages ?
No. I think as indicated, he doesn't appear on any of them.
Some of these are as old as 1963, and many, if not most of then,
prior .to two years prior to death.
A· Right.
Q Give us again the reason you just used the same bank ace ount.
57
58
A Well. it was just.a convenience. I mean it was just the way we
always had done it.
Q Did Domenick control this account?
A No~ I had as much control as he had, if that's what you're
asking me.
< z Q The money that was in this account was the children1s money, i1 n't
< > ..1 > Ill that correct? z z
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:i. A Right.
0 1-~ !: Q And the proceeds from the collection that you made, is it corre< t
X Ill < 3: to state~ went into purchasing other mortgages and make other
-...: ~ II: investments .for the interest of the kids?
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A Exactly. up until today.
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Q Around in December of 1966~ what was the state of your father'~:
health?
A We 11, he was healthy. I mean he came to work everyday.
Q As of December?
A Right.
Q After that time, you would say that he was relatively healthy, iE
that correct?
A Oh, my, yes.
Q Do you think he was thinking in terms of dying or anything at
that time?
A No. Anyone that knew him would know.·
Q That's all.
EXAMINATION BY MR. JOHNSON:
Q This checking account that we have been referring to~ would thap.
be number---what I have reference to as Number 71100669 at
the Union National Bank of Pittsburgh, Cecil office in the name~:
of Domenick Falconi or Phillip Falconi?
A Probably.
.THE COURT: What number is this ?
Are you referring to these mortgages?
59
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Q No. I'm referring to-----
A The balance in the bank account, how much did you say?
$12, 000, that sounds right.
THE COURT: As I understand it~ the
Inheritcn ce Tax has been paid on that.
Oh, yes.
That's the same account that we have been talking about.
That's the only account.
There's no other account?
No.
MR. KUSTURISS: Phillip Falconi's name
appeared on the account also, didn't it?
Yes.
MR. KUSTURISS: Not only Domenick's,
as you testified to recently.
Oh, well, no. That's right.
MR. KUSTURISS: Fifty percent of the
account was taxed and the tax paid orr it.
Yes.
MR. KUSTURISS: This appears on the reco d.
A Yes.
THE COURT: And this $12, 000 account
is the account that was used to pro~ess and rna intain
these mortgagefs, ~hich are listed here on Exhibit "B".
Yes .
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. THE COURT: And this $12, 000 account is the account that was
used to process and maintain these mortgages which are listed e
on Exhibit "B".
A· Right.
< ~THE COURT: Any other questions?
> '
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~THE COURT: !111, tell you what we1re going to do. I want both
-Ul <· ~· counsel---jot this down so you remember what I'm going to tell
you. By October 1st~ I'd like you to· have the suggested finding
of fact and conclusions of law and supporting briefs for the Cou·
· in regard to this matter .. Now doyou want an argument on this,
. ' or are you willing to submit this matter with your suggested fi ngs,
conclusions and briefs? If you want an argument~ I'd be glad to
set an argument.
MR. KUSTURISS: lt1s strictly a conclusion of law ..
MR. JOHNSON: We could decide that at such time as we submit
the briefs, couldn1t we?
I
THE COURT: I'd like to know now whether you1d like to subm
it on briefs or whether you want to hold an argument. I want to
move this thing.
MR. JOHNSON: Jim willing to submit briefs, Your Honor.·
H2
THE COURT: So we will get the briefs, suggested findings of
fact and conclusions of law on October 1st •
• (Proceedings Closed)
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I hereby certify that the proceedings and evidence are contained
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The foregoing record of the proceedings upon the hearing of the
above cause is rereby approved and directed to be filed.
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I IN THE COURT OF COMMON PLEAS OF WASIDNGTON COUNTY, PENNA.
ORPHANS' COURT DIVISION
ESTATE OF DOMENICK FALCONI
DECEASED No. 1026 of 1971
0 R D E R
AND NOW, this 1st day of May, ----
1973, the hearing scheduled on the above caption case has been continued
from May 18th to July 13th at 11:00 A. M. in court room four before the
undersigned.
BY THE COURT: . .'
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Thomas D. Gladden, J .
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNAo
ORPHANS' COURT DIVISION
ESTATE OF DOMENICK FALCON I
DECEASED
0 R D E R
No. 1026 of 1971
',: ':
AND NOW, this 1st day of May,
----.•'f'
1973, tpe hearing scheduled on the above caption case has been continued
from ~ay 18th to July 13th at 11:00 A. M. in court room four before the
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undersigned. ·
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BY THE COURT: ~ . t.: .. , ..
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENN1 .
ORPHANS' COURT DIVISION
IN RE:
ESTATE OF No. 102o of 1971
DOMENICK FALCON!,
z ~ Deceased.
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TRANSCRIPT OF COMPROMISE
THE HONORABLE PAUL A. SIMMONS,
Judge of the said Court .
~ APPEARANCES: JOHN LIEKAR, ESQ., for Michael E. Kus tur ss,
' Esq., representing the estate . ..1 <
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\N ILL !AM A. JOHNSON, ESQ., of \Nashingtor,
Pa., representing the Commonwealth.
Friday, November 23, 1973, at 9:30 o'clock
A.M.
~ THE COURT: Today is the time and place that has been set
0
for a concluding of a matter involving the Commonwealth of
Pennsylvania Inheritance Tax Division as the same relates to
the estate of Domenick Falconi, deceased, filed at Number 102o
of 1971. As I understand it, Mr. William A. Johnson is appeariP.g
today for the Commonwealth, is that correct?
MR. JOHNSON: That is correct, Your Honor.
---------------------------------:;-----
MR. LIEKAR: Your Honor, I am appearing on behalf of Mr.
Kusturiss and the estate of Domenick Falconi. ,
THE COURT: As I understand it, the parties in this matter
Jil.av e reached a compromise, is that correct?
.MR. JOHNSON: That is c:;:orrect, Yo'ur Honor.
~ THE COURT: Do you have it written or----
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MR. JOHNSON: I could put the basis of the compromise and the amou t
concerned on the record.
~ THE COURT: Would you do that please, and then we will get the
concurrence of Mr. Liekar, if iU.s forthcoming, and if both and a l
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parties to this action are in agreement, the Court will then deter nine
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whether we will approve it.
=: MR. JOHNSON: The Commonwealth entered _ supplemental appraise-
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m ents~/ the estate of Domenick Falconi on March 28, 1972,
and April 12, 1972. As a result of those supplemental appraisals,
hearings were held to determine what additional if any tax liability
the estate of Domenick Falconi would be responsible for. And
after those hearings, myself, on behalf of the Commonwealth,
and Mr. Kus turiss, on behalf of the estate of Domenick Falconi,
have entered i~to an agreement that the estate will be res p:>nsiblE
for an additional tax liability of $1, 9E:i3. sa, which will be in full
satisfaction of the Commonwealth's claim for the supplemental
appraisals filed to the estate of Domenick Falconi. I say a
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3
tax liability because I believe Mr. Kusturiss has previously paid
tax in this estate, and has filed a Petition for Refund, so that this
$1, 9o3. 83, I believe, will probably be a credit against what he w·u
be entitled to refund. But that will be between him and Harrisbu g
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as to the mechanics of that. But on behalf of the Commonwealth,
I am prepared to.stipul<~.te that th\s :will be the figure to satisfy
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:the Inheritance Tax due·.
o. THE COURT: i . · Mr. Li:kar,. Mr. Johnson, representing the Common
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wea.:lth bf 'Pennsylvania; has indicated that the sum of $1, 9o3. 83
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will satisfy the,In~e:r:iti:mce Tax liability of the estate of Domenic~
Falconi, deceased, as it relates to this obligation to the Common
wealth of Pennsylvania. Will you stipulate that this is the true
and correct amount due the Commonwealth of Pennsylvania?
,..
111 MR. LIEKA R: In behalf of the estate, Your Honor, I do concur
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that the figure of $1, 9o3 .. 8.3 .. is an obligation of the estate for
Inheritance Tax, and I concur in the compromised settlement whi:-h
Mr. Johnson has set forth before this Court.
~ THE COURT: In the light of the agreement of counsel for the
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Commonwealth and for the estate of Domenick Falconi, and now,
November~23, 1973, the order of the Court is that the Estate of
Domenick Falconi will pay to the Commonwealth of Pennsylvania
at the appropriate time the sum of $1, 9o3. 83 as its obligation du
the Commonwealth of Pennsylvania. It is the understanding of
the Court, however, that inasmuch as there has been a tax liabil ty
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anticipated by the estate, and as a consequence, monies have bee
paid to the Commonwealth of Pennsylvania in an amount greater
than $1, 963.83 prior to this time, and therefore, the Common-
wealth will make an adjustment under these circumstances and a
refund will be made to theL;estate of Domenick Falconi <in an
appropriate amount.
(Proceedings Closed).
I rereby certify that the proceedings and evidence are contained
fully and accurately in the notes taken by me on the hearing of the above
cause, and that this copy is a correct transcript of the same .
The foregoing record of the proceedings upon the hearing of the
~ above cause is hereby approved and directed to be filed.
By the Court,
4
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA.
IN RE:
ESTATE OF
DOMENICK FALCON!,
Deceased.
ORPHANS• COURT DIVISION
)
)
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0 R D E R
No. 1026 of 1971
AND NOW, November 23, 1973~ the order of the Court is that
the Estate of Domenick Falconi will pay to the Commonwealth of Pennsylvani
at the appropriate time the sum of $1, 963.83 as its obligation due the
Commonwealth of Pennsylvania. It is the understanding of the Court,
however, that inasmuch as there has been a tax liability anticipated by the
estate, and as a consequence, monies have been paid to the Commonwealth
of Pennsylvania in an"'-mount greater than $1,963.83 prior to this time, and
J
therefore,the Commonwealth will make an adjustment under these circumsta ,.e
and a refund will be made to the estate of Domenick Falconi in an appropriat
amount. :•
By the Court,
~ Paul A. Simmons, J.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA.
IN RE:
ESTATE OF
Deceased.
ORPHANS1 COURT DIVISION
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) No. 1026 of 1971
) ·~---;.-,.----~ .... )
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0 R D E R
AND NOW, November 23, 1973, the order of the Court is that
the Estate of Domenick Falconi will pay to the Commonwealth of Pennsylvani
at the appropriate time the sum of $1, 963.83 as its obligation due the
Commonwealth of Pennsylvania. It is the understanding of the Court,
however, that inasmuch as there has been a tax liability anticipated by the
estate, and as a consequence, monies have been paid to the Commonwealth
of Pennsylvania in an"<:~.mount greater than $1,963.83 prior to this time, and
therefore,the Commonwealth will make an adjustment under these circumsta ces-
and a refund will be made to the estate of Domenick Falconi in an appropriat
amount. ·."' .. :
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By the Court,
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Testate Form j
PETITION SUR AUDIT·
IN THE ORPHANS' COURT OF WASHINGTON .COUNTY
Estate oL ... Domenick..F.alconi+··Dec.e.as.e.d ............. . 1026 of 1971 ' No ..... --------------------------------------------------------------
Fiduciary ..... Pbillip . .F.alc.ani _____________________________ _
Deceased
Date of Date of
Decedent's death .. ~ .. AJJgiJ§L~..t-.J~-~1_ _____________________________ Grant of Letters _____ :_A\ggg_$_t__~. ____ U~_fj_7 _______ :---------------------
... .. ... .
' I ! " • ~ ..} I, 1/ This is the ... fir.st . .a.ud.finaL __________________ : ___ ~: __________________ account filed in this estate
If there have been former accounts filed in this estate, list file number or number and term .... ---------------------------:~
. ·None ~ ----------------·---------------------------------------------------------------------------------------------------------------------------------:.:;,:;=----------------------------------
Election to take Date Election Place of;
Under ~iKEg8ifl<l1M-will. (cross out one) Filed ________________________ : _______ ~-Record .... : ... -----~----------------
Name of surviving spouse ........ Jennie..Fa.lc.ani __________________________________ : _____________________________________________________________________ .
List issue, where material:
--·
Did decedent marry after execution of will? (indicate)~ No. Any children born after execution of will? (indicate)
~ No. If answer yes, name them·--------------------------------------------------------------------------------------------·-----------------.------------------·
........................................................................................................................................................................................ : .......................................................................................................................... ~---·----:---------------·
Legatees Relationship Interest Fiduciary, if deceased or not sui juris
.
Jennie Falconi Widow 1/2
Phillip Falconi Son 1/8
Yolanda Passalaqua Daughter i/8
Fernanda Tonti T -Daughter 1/8
Mary Dalbo Daughter 1/8
(
List, if exceptions to abovTe: Adeemed: Revoked: Lapsed: Abated: Give Cause:
None
If partial intestacy, give facts:
None
Notice to interested parties. Have all parties, having either vested or contingent interests and all crediors entitled
to notice (Court Rule No. 9 paragr_9_eh C: Section 6: Subdivision.c) received written notice of the filing of the account · ....
and of call of audit? Yes. ~K
If any exception give cause: ... N.o.ue ________________________________ _
.\
File copy of Notice '-/. . · .
and date of mailing ........ ])ec-€-m-her.---~-•-··A~1J. ........ :-l .. M .. ~Y. ... J .. S .. ,.l..~.?. ....................................... , ....................... .
Is estate subject to the filing of a Federal, Estate Tax Retyrn? ............... X,Ks .... :¥.";1?.§ .................................................... .
~ctual pa~ment made on Pennsylvania Transfer Inheritance Tax. Amount $!@~.0.0.0-.0.0 .................................. ~ ..... .
If the Will makes any portion of estate subject:to:a life-estate, give name and birth date of life ten9nt ................. ; ... .
. (
... : ................................................ NQn..~ ............................................................................................................................ . . . . . .
:. Give Names and addresses of all unpaid creditors who are legally entitled to notice, tog.ether with the amounts·
of such claims; state whether they are admitted to be correct; and whether the claim is denied.
All known cr::editors have been paid, except for claim as follows:
Personal Property Tax claimed by Washington County $936.92.
This claim is disputed.
Give' reference .to such parts of the will as require interpretation by the Court; a reference to pll questions re-
quiri_ng adjudication, and a statement of any other facts deemed necessary for the preparation of the adjudication:
None
,
\<;--.~-"""'"---~"-~ V··-.;:.-.---~~-·--,._ .. ,~~---··-; ~'"~. ~-...-·~,_,..,. ;_.,= ~ , • .-....~--_,__ ~ <--·• --.\; -~ ~
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Balance for distribution per account,
Itemize any additional debits not shown by account: $ .. J.9.9,.2.a1-.4.6 ....... : .. .
':. $.~_. __ 00 ··--··------------------------Total .~dditional deb.ts {Add)
Itemize any additional credits not .shown by account:
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Total additional credits {Subtract) $.9.!.9.9 .......... . .......................
Balance for distribution $ . .i.~.~-l-~-~.?.!.1.~.:.~ ....... .
If balance f_or distribution is not in cash, list each item held in kind, giving appraised Value {or distribution Value);
,..
See Exhibits 11 A'1 and 11 B11 attached.
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If Family Exemption claimed by P~tition, give place of Record: ............ N.o.ue ................ :············································
If Family Exemption is claimed at audit, give name, relationship and basis for Claim: ... J.e.uuie .. F.al.c.Qni, ... Wid.o.w
List·any advancement or distribution on account that has been made, and nature and amount of same:
None
Suggested distribution of balance shown, both as to principal and income, attaching signed and itemized elections
to take in kind if balance is not i~ cosh: residuary shares being stated in proportions:
Jennie Falcon.i, Widow
Phillip Falcon-i, Son
Yqlanda Passalaqua, Dtr.
Fernanda Tonti, Dtr.
Mary Dalbo, Dtr.
one half (1 I 2) cash
one eighth ( 1 I 8) cash
One eighth ( 1 I 8) cash
one eighth (118) cash
one eighth ( 1 I 8) cash
Distribution of Real Estate, Real Estate Mortgages and Chattel Mortgages
/
are listed on attached Exhibit 11 A".
Distribution of Stocks, United States Savings Bonds, Notes and Personal
Verbal Agreements are listed on attached Exhibit 11 B11 •
I
COUNTY OF WASHINGTON, SS:
COMMONWEALTH OF PENNSYLVANIA.
The above named Fiduciary or representative thereof,
being duly .. J~:.W.OX.U ....................... doth depose and say
that the facts set forth in the foregoing petition are true And your petitioner will ever pray, etc.
to the best of.. ....... h~-~---············--knowledge and belief.
. ................................................................................................. . . .
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No ...... CQ.~., ....... Q.E ____ /~2_/._ ________ ,
Estate of _____ D..o.m.enick-Ealconi----------·-----\
.peceased
Fiduciary ______ .P.l:t:plip __ f:c;~,l_c;~Qni _____ :_: .... -··:··-·-
PETITION SUR AUDIT
FROM WHERE DECEDENT LEFT A W.I'-L
Counsel of Fiduciary will submit herewith the
following, in con'fbrmity with Court Rules
adopted effectlv,e .December 3, 1951, being
rule No. 9: paragraph b-e; and divisions
thereof: shown on-pages ~3-24.
1. Written p~:~cipes of all Counsel in the
case. · ' , · '
· 2. Copy of order appointing Guardian ad
litem, if pertinent.
3. Copy. of Order appointing Trustee ad
litem, if pertinent.
4. Proof of service of above.
5. Letters . Testamentary or Administration
C. T. A. or an attest copy of Will.
6. Copy of inventory and appraisement.
7. Proof of advertisement of grant of letters ··
if'not"filed with account.
8. Certificate of liens in case any of the
' t··
·f
(,
I,
v·
., .
1 i .\ !·
1''
' I
'•
funds for distribution /are from· judicial , ·
sale of real estate.
9. Signed and itemized elections if any
distribution in kind.
10. Copy of Federal Estate Tax ret\..lrn if es-
tate is subject thereto.
~~---------------------·
John P. ~F Attorney
'. I
' '' ~ •• .j I ~ ; , ; [ I
ts,.>,..., ..... \· ~·: '"'~,, ,, ( . "~ .. '"' ) ",.,..," ~ I" " ·~..., .;;.fr ··, 't-.oo /.,.. ~~c..-'/ ~.:..
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EXHIBIT "A"
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REAL ESTATE Assessed Value
For year of
Deced.ent 's death
f; Estimated · ·1. ·
1 • All that certain tract of land togethe~·
with the improvements and buildings
erected thereon situate in the First
Ward of Can·onsburg, Washington Co,
Po., being more particularly bounded
and described in Deed Book 830 p 402~
..
1620
. '
·Market
Value
'
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... 5oo0 . ::··
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. ' . ..
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All that certain lot of ground situate in
the First Ward of Canonsburg, Washington
Co., Po. having erected thereon a two
story inselbrick house and garage being
known a~ lot 170 and being more particu-
larly bounded and described in DB 1250
Hse & Gar 1590
j
J . I
J·' v ~-. lots 350·
Total i94o ,· 3500 . '' .:(,,'··
p 662.
All that certain tract of land situate in
North Strabane Twp, Washington Co., •
Po, containing one-half ( 1/2) an acre,
more or less. ( See DB 776 p 298).
ALL those three certain. tracts of .land
situate in North Strabane Twp, Wash-
ington Co., Po. being more particularly
described in DB 771 p 562.
All that certain tract of land situate in
15
105
North Strabane Twp, ·Washington Co., Pa.
containing 2 acres. (See DB 771 p 965). . 180
ALL his undivided one-half interest in
and to that certain tract of land situate
in North Franklin Twp, Washington Co.,
Po • con to in i ng 0. 88 ac~es surface •
( See DB 843 p 235)" 35
ALL his undivided one-half ( 1/2) interest
in and to all that certain tract of land situate
in North Franklin Twp, Washington Co,, Po"
containing 1. 12 acres surface. ( See DB 843
p. 235). 35
All that certain tract of land situate in
South. Strabane Twp, Wash tngton Co.,
Po. containing an original acreage of
20.55 acres and now a final acreage of
8.55 acres. ( See DB 736 p 677).
••
195
700
2300
3000
500
500 v
8 000 (/
t f ..
~. ( .
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·'. ~.2~, 500.90 ::·J ... '
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9.
10,
11 •
ALL that certain tract of land situate in
South Strabane Twp, Washington Co., Po •
containing 2 acres, more or less •. (See
Assessed Value
for year of De-
cedent's death
DB 1068 p 387). 45
ALL that certain tract of land situate in
Somerset Twp, Washington Co., Po.
being known as parcels Nos. 4,5 and
6 and portions of parcels Nos •. I, 2 and 3
in the Hi-Lawn Plan of record in Plan
Book 6, pages 30 and 31. (See DB 913
p 573). ·300
All that certain lot of ground situate in
the Third Ward of the City of Washington, ·
Washington County, Po, having erected . Bldg 2165 '·
thereon o brick building. { See DB 963 . Lot· · · 430
p 137). Total~ . '
' ' ' '
.,
,' t,•
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" Estimate'
Market.·
Value
2 000 v
5 000 v
. ' 1
,;
10, ooo.
,,.
·.·' j L ,'' ' ; . ' . ~·
REAL EST ATE MORTGAGES
I.
2o
3.
4.
5.
6.
Paul & G Brown, Mortgagors
Box 95; Westland, Po.
Recorded in MB 687 p 1205
William R. Delfine, Mortgagor
2 Ridge Avenue, Canonsburg, Po.
Recorded in MB 669, p 262.
Clement Do Pro, M~tgagor
South Central Ave, Canonsburg, Po.
Recorded in MB 67, page ~70.
.,,
,If
\ I
'' ' '·f . .. y t. ,
I '.·' > t .. . ' ,'' ~ \ ·.· 500 ~·oo · · ·
·' .·' ' ···•·.,.h_:·:·,! ! ,I I •' 1
, . ~ ' ' • I
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.. l
/~-· ,·-.·~ :{).'-"'· · J, IO?·O?·· ,f
' ' I ' ' l . , I
l ·. 10, ·289.'30 ·~ ,.
Thomas Jennies, Mortgagor
4658Wilburke Ave, Pgh, Po. . C -;/--
Recorded in Mortgage Bk 528 page 284 ~).
I
I
.).
705.00 l.
. .. '
Robert & Joan O'Hara, Morf·gagors
Muse, Po. ~a:i:
Recorded in MB 689 p 182. ·
EImer Schu I tz, Mortgagor
c/o Round Hotel, McMurray, Po.
Recorded in MB 644, page 434. !fOO
' ~ '
I
250.00
; .· , , I
1
56,564.35
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CHATTEL MORTGAGES
1. James Guinn, Mortgagor
Canonsburg, Pa.
Recorded in the Office of
the Recorder of Deeds of
Washington Co., Pa. in
MB 619 p 580.
Harry Crosson, Mortgagor
Highland Avenue, Washington, Pa.
Not recorded
ttfoO
Estimated
Market
Value
I I I .$ .3,520.77 I
2,000.00
j 5 )0/1
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$: 6.?, 085012 '
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Columbia Revell Oil Co.
Country Bell Co~
Grand Deposit Mining Co.
I; Loyal American Life Ins. Co" !: Majestic Radio & Tel
!1 ,...-National Wire Product of Md.
l 1: Nu-Enamel Corp. l! ~ov.ident Fund for Inc Tax
1
·
1
_ Tmt1c Led. Co.
Union Dairy Farmers Co-op
h Union National Bank
lr r .f I I·
I!
EXHIBIT "B"
3, 000 Shares -Common Stock
50 Shares -Common Stock
90 Shares -Common S~ock
67 Shares -Common Stock
200 Shares -Common Stock
2, 800 Shares -Common Stock
481 Shores -Common Stock
500 Shares -Common Stock
26 Share~ -Common Stock
26 Shares ·· Common Stock
. ... '
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Estimated Market Value
-----------~--~
10.00
500.00
100.00
2,763.75
10.00
28,000.00
10.00
2,765.75
100~00
10.00
838.50
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" UNITED STATES SAVINGS BONDS SERIES '"E" l: )
J Date
I
I
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!+
10/28/58
10/28/58
10/28/58
10/28/58
10/30/58
10/30/58
10/30/58
NOTES
leopold Babin
Patsy Pitzarella & AI
Palafroni
First Street, Canonsburg, Po.
i 1 John Pollard ! ; Canonsburg, Po.
'
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Georgia Stuart
Canonsburg, Po.
Series Number
Q 1646210408 E
Q 1644582579 E
Q 1644582578 E
Q 1646210407 E
. Q 1655769153 E
Q 1655769152 E
Q 1655769155 E
· Recorded & Unrecorded
-~ Washington County
No. 233 IVIay 1967 DSB
Washington County /)d_/JI
No. 381 July, 1965 DSB ({~ /
Not recorded -original
in possession of Phillip ;(.
Falconi, Executor
Washington County
No 645 & 646 Nov 1963 DSB
Amount
s 25.00 s 25.00 s 25.00 .
$ 25.00
$ 25.00.
$ 25.00
'l
t
l ' ,,
. $ 25.oo 'r··
f ,f l· ·f . '
... -t<
Amount ----..........-..~,
$ 702.68 L ..
~ .. '
$ 2, 685.7~
$
. . . 1
I
66.oJ'
1
·-1 s 710.001.
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• ' t .
. .I .
' $ 39, 447,-4(> -
I
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f11. 1 VERBAL AGREEMENTS
II NAME & ADDRESSES
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Joe Butler
Route 18
Washington, Pa. 15301
Joe Butler
Route 18
Washington, Pa •
Bessie & Fred Hughes
Canonsburg, Pa.
Harry Crosson
Washington, P~~
RECORDED & UNRECORDED
Washington County
DB 1247-787
Washington County
eM 1133 p 42 l:..
DB 1242 p 694 '.
Washington County
DB 772 p 41
Washington County
DB 1254 p 559
Passalacqua, Tonti Washington County
and Dalbo DB 950 p 1
R. D. #f, Canonsburg, Pa.
John Lloyde
Meadowlands, Pa.
John Whithfield
Meadowlands, Pa.
John De Vitis and
Ron Cionelli
B. De Nerio
·C,..nonsburg, Pa.
John Wise
Washington, Po.
Washington County
DB 1181 p 545
Washington County
DB 1153 p 697
Washington County
DB 1187· p 15
Washington County
DB ·1251 page 851
Washington' County
DB 817 p 261
Household Furnishings Unrec-orded
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AMOUNT:
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S: . 887 o~o; · . r·.
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4 I ,,
i
670.09
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! 1, 100.92 .
!
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11000.00. . . f
. . I
I
1 '500."~d '
f' ' L(<)OO I· -~..:.__--~7,300.00
j.
3 ~'00.
1 I 1, 3so.-oq
I· ·. ·.· ·i
I •; t
, I I, 860.001
I. ~
I s,5oo.oq . l
l·.
300.00
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IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY, PENNA.
ORPHANs• COURT DIVISION
. NO. 1026 of 1971
(
IN RE:
ESTATE OF DOMENICK FALCO
deceased
0 R D E R
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~
MICHAEL E. KUSTURISS
ATTORNEY AT LAW
12 NORTH JEFFERSON AVENUE
. "<
.,
-.... L -~·
-----~-. _......._ --=--~~~---"'-'
·~ /
•
IN THE COURT OF COMMON PLEAS OF'WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
ESTATE OF DOMENICK FALCONI,
deceased
)
(
)
( NO. 1026 of 1971
0 R D E R
v{
AND NOW I this _!_day of ma.:~ I 1974, the above captioned Estate
is set specially for an Audit on the Jl day of~' 1974, at Jj: 3 O
o'clock,~ M. before the Honorable j ud.q.g.Q.A~1 mmon$"' Court Room No. ,f;'";:-_
"3~0 F=-/..ooR_
Court House, Washington, Washington County, Pennsylvania. Notice to be given to all
heirs at law.
BYlHE COURT:
·j
OFFICE PHONE 745-4690
OFFICE PHONE 341-5577 (PITTSBURGH LINE)
RES. PHONE 745-3535
MICHAEL E. KUSTURISS
ATTORNEY AT LAW
12 NORTH JEFFERSON AVE.
CANONSBURG, PA. 15317
N 0 T I C E
In the Orphan' s Court of Washington County, P a •.
Estate of Domenick Falconi, deceased
No. 1026 of 1971
Please take notice that Phillip Falconi, Executor of the
Estate of Domenick Falconi, deceased, filed his First and Final Account
at the above number, and that said accoun't will be called for audit in
the Orphans' Court Room, Court House, Washington, Pennsylvania,
on Tuesday, June 11, 1974 at 11:30 o'clock A.M.·, E.S.T •. and a decree
of confirmation and distribution mc''-=-,....t,e entered unless exceptions or ~objections are filed.
Dated: May 15, 1974
M.E. Kusturiss
Attorney for Executor
12 North Jefferson Avenue
Canonsburg, Pa. 15317
J
----~--------------------------------------------------------------------,
J
!==========~============================================~~
~)
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA.
IN RE:
ESTATE OF
<
ORPHANS' COURT DIVISION
) No. 1026 of 1971
)
)
)
z DOMENICK FALCONI, < )
~ > ~Deceased.
z Ill II.
i 0 1-~ ~BEFORE:
Ul < ~
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~APPEARANCES:
Ul Ci
.J o(
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0
~TIME:
:t 1-" N
ui a: Ill I-ll: g THE COURT: a:
)
)
THE HONORABLE PAUL A. SIMMONS,
Judge of the said Court.
MICHAEL E. KUSTURISS, Esquire,
representing the estate.
Tuesday, June 11, 1974 at 11:30 A.M.
This is the time and place set for the
I-ll: :J 0 Audit in regard to the Estate of Domenick Falconi, filed at ,u
.J
o(
u ii: II. ' 0
1026 of 1971. Mr. Michael Kusturiss is present representing
the estate, along with the Executrix. Will you announce this
case-please Mr. Z'ermani?
MR. ZERMANI: . I will, Your Honor.
THE COURT: Mr. Zermani, did you get a response?
MR. ZERMANI: Your Honor I received no resnonsP.
2.
THE COURT: · Is there anybody in the courtroom inte re ted
in the estate of Domenick Falconi, other than Mr. Kusturiss
and the Executrix?
(No response).
~THE COURT: Mr. Kusturiss, do you have any respons
< ~
1;; you wish to make at this time? z z Ill D.
i ~ MR. KUSTURISS: If Your Honor please, I have here all
~ z
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the necessary papers in the estate of Domenick Falconi, decea ed
at 1026 of 1971. There are no unpaid creditors. There was
one claimfiled by John Liekar on behalf of Chartiers Township
and that has been paid, and we are so certifying to the Court.
We're asking the Court to make distri"bution in accordance with
the terms of the Will under the terms of a family agreement
in the nature of a Stipulation and Election to Take Property
In Kind signed by all of the heirs and the widow of Domenick
Falconi.
THE COURT: Is this paper ready for the inspection of
the Court?
MR. KUSTURISS: This is all signed. We are actually
Audit
filing an a"mended/petition at this time also, Your Honor. In
·addition to that, the matter involving the State Inheirtance Tax
--------fll--------------------------+--1
~--~---.
•,
3.
!
was litigated before Your Honor has amicably been disposed
and
of/the Court has signed an order'to dispose ofthat~matter.
THE COURT: In other words, there are no complicatic ln.S
! e and this matter is ready to come off for adjudication· decree?
! o(
! I ~MR. KUSTURISS: That's right. I might also state that we
> .J > Ill have previously submitted a Federal State Tax Return. I z z
Ill a..
i 0 As I understand it you have included a ~THE COURT:
~ :r
Ill letter from the Federal Government? o(
~
..: 0
a: :;; MR. KUSTURISS~ As part of the papers you have there. e 0 . .J ~ u • , ' o THE COURT:· .
' The Audit· of this estate is ordered close ~. I . . ::> • •" . ..,
:t .. . ,...
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ui :.l(AUDI't CLOSED) a: Ill 1-a:
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I hereby certify that the proceedings and
evidence are contained fully and accurately in the notes taken by me on the
hearing of the above cause, and that this copy is a correct transcript of th
same.
aron M. Harmon
ourt Reporter
The foregoing record of the proceedings
·0 U.lJDDl,'l the hea:r~ng of the-.aboVi"e"'Cau-se is hereby approved and directed to be
filed.
----~------~-~~------~----------~~--~~--~----~--------~----------------------
_·\..._..;
-,.-
'
,._
IN THE COURT OF COMMON PLEAS OF'WASHINGTON COUNTY, PENNA.
IN RE:
'
ESTATE OF·
< .
. . .
ORPHANS' COURT DIVISION
-.. ) No. 1026 of 1971
)
)
)
z DOMENICK FALCONI, < . )
> ..I )-. ~Deceased.
z
111 0.
z 0 I-C)
~BEFORE· ' J: .
Ul < ;:
~ u· ~APPEARANCES: Ul • .
0
..I <
u
0
~TIME:
:t ... ,...
N
ui 0:: 111 1-0::
. 0 -~THE COURT:
0::
)
)
THE HONORABLE PAUL A. SIMMONS, .
Judge of the said C,ourt.
MICHAEL E. KUSTURISS, Esqu,ire,
representing the estate. .
Tuesday, June 11, 1974 at 11:,30 A.M.
This is the time and place set for the
1-0::
:J 0 u
..I < u j;:
1.1.
0
Audit in regard to the Estate of Domenick Falconi, filed at
1.026 .of 1971. ·Mr. Michael Kusturiss is present representing . . -;-
the estate, along with the·Executrix. Will you announce this
case please Mr. z.;~:·rmani.?.
MR. ZERMANI: I will, Your Honor .
.
THE COURT: . Mr. Zerma.ni, did yo~ get a response·?
MR. ZERMANI: Your Honor I received no resoonse
•
..._.,.
2.
THE COURT: Is there anybody in the courtroom inte re. ted
i.n the estate of Domenick Falconi, other than Mr. Kusturiss
and the Executrix?
(No response) .
~ THE'COURT: Mr. Kusturi.ss, do you have any respons
< > ..1 ~ you wish to make at this time? z z
Ill D.
i ~ MR. KUSTURISS: If Your H<;mor please, I have here all
(!) z
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0
the necessary_papers in the estate of Domenick Falconi, decea ed
at 1026 of 1971. There are no unpaid creditors. There was
one claim filed by John Liekar on behalf of Chartiers Township
and that has been paid, and we are so certifying to the Court.
We're asking the Court to make distribution in accordance with
. the terms of the Will under the terms of a family agreement
in the nature of a Stipulation and Election to Take Property
In Kind signed by all of the heirs and the widow of Domenick
Falconi.
THE COURT: Is this paper ready for the inspection of·
the Court? •
MR. KUSTURISS: This is all signed. We are actually
Audit \
filing an amended/petition at this time also, Your Honor. In
addition to that, the matter involving the State Inheirtance Tax
•
. ..._.
wa.s litigated before Your Honor has amicably been disposed
and
of/the Court has signed an order.to dispose of that matter.
THE COURT: In other words, there are no complicaticns
·and this matter is ready to come off for adjudication· decree?
<
~MR.
?:i >-(/) z z LtJ 0.
i 0
KUSTURISS: That's right. I might also state t-hat we
have p~eviously submitted a Federal State Tax Return.
~ THE COURT: · As I understand it you have included a z
:z:
(/)
< letter from the Federal Government? s:
~ u
0:: Iii MR. KUS'TURISS~
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As part of the papers you have there.
The Audit of this estate is ordered close
:·l( AUDIT CLOSED)
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I hereby certify that the proceedings and
evidence are contained fully and accurately in the notes taken by me on the
hearing of the above cause, and that this copy is a correct transcript of th
same.
aron M. Harmon
<?urt Reporter
The foregoing record of the proceedings
"-. 0 U.1p>On the hearing of the ahoV;e·"cause is hereby approved and directed to be
filed.
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· .
·oRPHANSY.~COU.RT ·oiVISION .· .
No. I 026 ·of 197'1 .
IN RE:
ESTATE OF DOMENICK FALCONI,
deceased
STIPULATION and ELECTION TO TAKE
PROPERTY IN KIND
MICHAEL E. KUSTURISS
ATTORNEY AT LAW
12 NORTH JEFFERSON AVENUE.
CANONSBURG. PENNSYLV:~NJA. 15317
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
IN RE:
ESTATE OF DOMENICK FALCONI,
deceased
)
(
)
( NO. 1026 of 1971
STIPULATION AND ELECTION TO TAKE PROPERTY IN KIND
MADE this ~ay of~.::_. 19_zz{between JENNIE FALCONI,
PHILLIP FALCONI, YOLANDA PASSALAQUA, FERNANDA TONTI and MARY DALBO,
legatees under the last Will and Testament of DOMENICK FALCONI, formerly of
Canonsburg, Washington County, Pennsylvania.
WHEREAS, the said Domenick Falconi died testate on August 3, 1967 and pro-
vided by Item Second A & Bas follows:
II (A) If my wife, JENNIE, survive me, I give to her, absolutely,
that fractional share of my residuary estate which will equal the maximum maritial
deduction (allowable in determining the Federal estate tax on my gross estate) after
taking into account the <value for Federal Estate tax purposes of all other items in my gross
estate which qualify for said deduction and which pass to or have passed to my wife under
other provisions of this Will or otherwise. In making the computations necessary to deter-
mine such fractional share, the final determinations in the Federal estate tax proceedings
shall control; .and only assets that qualify for the mariti.al deduction shall be allocated to
this share.
II ( B ) All the rest, residue and remainder of my estate, I give, devise
and bequeath to my children, PHILLIP FALCONI, YOLANDA PASSALAQUA, FERNAND
TONTI and MARY DALDO, share and share alike.••, and
WHEREAS, it is the desire of the parties hereto to apportion the real estate devi
to JENNIE FALCONI, PHILLIP FALCONI, YOLANDA PASSALAQUA, FERNANDA TO
and MARY DALBO, other than as provided by Item Second of said Will; and ~
WHEREAS, it is the desire of the parties that YOLANDA PASSALAQUA,
FERNANDA TONTI and MARY DALBO, shall take in kind all of said real estate now in t
name of said estate as tenants in common as part of their share of said estate; and
J
•,
WHEREAS, it is the desire ofall of the parties hereto that YOLANDA
PASSALAQUA, FERNANDA TONTI AND MARY DALBO shall also take in kind as tenants
in common all of the real estate, mortgages, chattel mortgages, corporation stock,
United States Savings Bonds, promissory notes and verbal agreerrents now in the name of
said Estate as part of their share of said Estate.
NOW, THEREFORE, IT IS MUTUALLY AGREED BY all parties herein, and all
of these parties intending to be legally bound, that all of the real and personal property
now in the name of said Estate, namely real estate, real estate mortgages, chattel mortgag ,
corporation stock, United States Savings Bonds, promissory notes (recorded and unrecorded
and verbal agreements as the same are listed and described and evaluated on EXHIBIT 11A11
and EXHIBIT 11B 11 attached hereto and made a pat hereof and sha II be awarded and dis-
tributed in kind to YOLANDA PASSALAQUA, FERNANDA TONTI and MARY DALBO
as tenants in common as part of their interest in said Estate.
The interest of JENNIE FALCONI and PHILLIP FALCONI in said Estate shall be
paid to them fully and completely in cash.
To the extent that the above referred to real and personal property is unsufficient
to pay off in full the respective shares of YOLANDA PASSALAQUA, FERNANDA TONTI
and MARY DALBO in said Estate in kind as aforementioned, the balance due YOLANDA
PASSALAQUA, FERNANDA TONTI and MARY DALBO after receipt of the aforementioned
property in kind, shall be payable to YOLANDA PASSALAQUA, FERNANDA TONTI and
MARY DALBO in cash.
WITNESS our hands and seals this //Btaay of__,~_.....::::::..;._
REAL ESTATE
1.
2.
3.
4.
/
5.
6.
7.
8.
•."':-..
EXHIBIT 11A11
ALL that certain tract of land together
with the improvements and buildings
erected thereon situate in the First
Ward of Canonsburg, Washington Co.
Pa ., being more particularly bounded
and described in Deed Book 830 p 402.
ALL that certain lot of ground situate in
the First Ward of Canonsburg, Washington
Co., Pa. having erected thereon a two
story inselbrick house and garage being
known as Lot 170 and being more particu-
larly bounded and described in DB 1250
p 662.
ALL that certain tract of land situate in
North Strabane Twp, Washington Co.,
Pa, containing one-half ( 1/2) an acre,
more or less. ( See DB 776 p 298).
ALL those three certai·n tracts of land
situate in North Strabane Twp, Wash-
ington Co., Pa. being more particularly
described in DB 771 p 562.
ALL that certain tract of land situate in
North Strabane Twp, Washington Co., Pa.
containing 2 acres. (See DB 771 p 965).
ALL his undivided one-half interest in
and to that certain tract of land situate
in North Franklin Twp, Washington Co.,
Pa. containing 0. 88 acres surface.
( See DB 843 p 235).
ALL his undivided one-half ( 1/2) interest
Assessed Value
For year of
Decedent 1s death
1620
Hse & Gar 1590
Lots 350
Total 1940
15
105
180
35
in and to all that certain tract of land situate
in North Franklin Twp, Washington Co., Pa.
containing 1.12 acres surface. (See DB 843
p. 235). 35
ALL that certain tract of land situate in
South Strabane Twp, Wash.ington,.Co.,
Pa. containing an original acreage of
20.55 acres and now a final acreage of
8. 55 acres. ( See DB 736 p 677). 195
Estimated
Market
Value
5000
3500
700
2300
3000
500
500
8 000
23,500.00
9. ALL that certain tract of land situate in
South Strabane Twp, Washington Co., Pa.
con to in i ng 2 acres, more or less. ( See
DB 1068 p 387).
10. ALL that certain tract of land situate in
Somerset Twp, Washington Co., Po.
being known as parcels Nos. 4,5 and
6 and portions of parcels Nos. 1,2 and 3
in the Hi-Lawn Plan of record in Plan
Book 6, pages 30 and 31. (See DB 913
p 573).
11. ALL that certain lot of ground situate in
the Third Ward of the City of Washington,
Washington County, Po, having erected
thereon a brick building. (See DB 963
p 137).
REAL EST ATE MORTGAGES
I.
2.
3.
4.
5.
6.
Pau I & G Brown, Mortgagors
Box .95; We.stlan.d, Po.
Recorded in MB 687 p 1205
William R. Delfine, Mortgagor
2 Ridge Avenue, Canonsburg, Po.
Recorded in MB 669, p 262.
Clement Da Pro, Mortgagor
South Central Ave, Canonsburg, Po.
Recorded in MB 67, page 270.
Thomas Jennies, Mortgagor
4658 Wilburke Ave, Pgh, Po.
Recorded in Mortgage Bk 528 page 284
Robert & Joan O'Hara, Mortgagors
Muse, Po.
Recorded in MB 689 p 182.
EImer Schultz, Mortgagor
c/o Round Hotel, McMurray, Po.
Recorded in MB 644, p:~ge 434.
)
Assessed Value Estimate
for year of De-Market
cedent's death Value
45 2 000
300 5 000
Bldg 2165
Lot 430
Total 2595 10, 000
500.00
I, 100.00
10, 289.30
250.00
3,220.05
56,564.35
·-.
CHATTEL MORTGAGES
1.
2.
James Guinn, Mortgagor
Canonsburg, Pa.
Recorded in the Office of
the Recorder of Deeds of
Washington Co., Pa. in
MB 619 p 580.
Harry Crosson, Mortgagor
High land Avenue, Washington, Pa.
Not recorded
Estimated
Market
Value
$ 3, 520.77
2,000.00
$ 62,085.12
STOCK
Columbia Revall Oil Co.
Country Be II Co.
Grand Deposit Mining Co.
Loyal American Life Ins. Co.
Majestic Radio & Tel
National Wire Product of Md.
Nu-Enamel Corp.
Provident Fund for Inc Tax
Tintic Led. Co.
Union Dairy Farmers Co-op
Union National Bank
EXHIBIT 11 B11
3, 000 Shares -Common Stock
50 Shares -Common Stock
90 Shares -Common Stock
67 Shares -Common Stock
200 Shares -Common Stock
2, 800 Shares -Common Stock
481 Shares -Common Stock
500 Shares -Common Stock
26 Shares -Common Stock
26 Shares -Common Stock
'
Estimated Market ValuE
10.00
500.00
1 oo.oo
2,763.75
10.00
28,000.00
10.00
2,765.75
100.00
10.00
838.50
UNITED STATES SAVINGS BONDS SERIES 11E11 . -
Date
10/28/58
10/28/58
10/28/58
10/28/58
10/30/58
10/30/58
10/30/58
NOTES
Leopold Babin
Patsy Pitzarella & AI
Palafroni
. .,
First Street, Canonsburg, Pa.
John Pollard
Canonsburg, Pa.
Georgia Stuart
Canonsburg, Pa.
Series Number
Q 1646210408 E.
Q 1644582579 E
Q 1644582578 E·
Q 1646210407 E
Q 1655769153 E
Q 1655769152 E
Q 1655769155 E
Recorded & Unrecorded
Washington County
No. 233 May 1967 DSB
, Amount
$ 25.00
$ 25.00
$ 25.00
$ 25.00
$ 25.00
$ 25.00
$ 25.00
Amount
$ 702.68
Wash i ngton County -
No. 381 July, 1965 DSB ~$ 2,685-.l
Not recorded -original
in possession of Phillip
Falconi, Executor
Washington County
No 645 & 646 Nov 1963 DSB
$ 66.0
$ 710.00
$ ',3911447 .46
I
VERBAL AGREEMENTS
NAME & ADDRESSES
1.
2.
3.
4.
5.
6.
7.
8.
Joe Butler
Route 18
Washington, Pa. 15301
Joe Butler
Route 18
Washington, Pa.
Bessie & Fred Hughes
Canonsburg, Po.
Harry Crosson
Washington, Pa.
Passalacqua, Tonti
and Dalbo
R. D. #1, Canonsburg,
John Lloyde
Meadowlands, Po.
John Whithfield
Meadowlands, Po.
John De Vitis and
Ron Cianelli
9. B. De Nario
Cononsburg, Po.
10. John Wise
Washington, Pa.
. ,.......,.. . .
RECORDED & UNRECORDED
Washington County . ;1 .& "' •• .r~ J
DB 1247-787 rw1 · ~-(!"'4Z:!}j~'
, . .I .A f'e;J /£4· 0 ~ ;~c . J . "" . .t(.l·'i1:
Washington County .
DB n 35 P 429 _I)R..R,:f 1--c·-.r A~~
·wf).l) w. ~~~-~--DB 1242 p. 694
~cP/1 !V 0 ;j&·~v?t?tl~
·4/J/1 ~~"/Ft-J ~~
Washington County
DB772p41
Washington County
DB 1254 p 559
Washington .County
DB 950 p 1
Po.
Washington County
DB 1181 p 545
Washington County
DB 1153 p 697
Washington County
DB 1187 p 15
--,.... ~ -
Washington County · . /--..z-"" ;?"· ? _
DB 1251 page 851 ~~-~: 4.,·~~/ .<>-'-/
1 1 • Household Furnishings Unrecorded
AMOUNT
$ 887.10
670.0
1,100.9
11000.0
1,500.0
7,300.0
11350.00
1,860.00
300.00
975.00
$61,890.48,
I
IN THE COURT OF COMMON PLEAS OF \..JASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF
DOMENICK FALCONI,
deceased
)
(
)
( NO. 63 71 1026
PAY TRANSCRIPT
/ ·';fVl
AND NOW /this :J..Cf day of January, 1979, the undersigned,
do hereby acknowledge to have received from PHILLIP FALCONI,
Executor of fhe above captioned Estate, the sum of money set
opposite their respective names, being the amount awarded them at
the Audit of the above Estate, and we do further waive the right
to file exceptions as to the Adjudication and the right of Appeal
from the Adjudication, and agree that the Executor may forthwith
make distribution in accordance with the terms of the Adjudica-
tion. ·
Harvey Stuart, Clerk of Orphans' Court
(Certification of Real Estate) $ 4.00
Recorder of Deeds -Recording
Certification of Real Estate
Jennie Falconi -household furnish-
ings
Phillip Falconi -one-fourth residue,
consisting of cash per Family
Agreement $
Yolanda Passalacqua, Fernanda Tonti
and Mary Dalbo, as tenants in common
per Family Agreement, each of an
undivided one-third interest, three~
fourths residue, including real
estate in kind at appraised values as
certified herein ( $41,500.00,
Chattel Mortgage of Harry Crosson
($1,400.00), Mortgage & Note of \vm R.
Delfine, et ux. (M. B. 669, page 262)
($180.00) Mortgage and Note of Elmer
Schultz, et ux. ( M.B. 644, page 434) 1
($1,400.00), Stock in kind as listed
on Schedule B of Audit Petition
($35,108.00) and balance.
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£sUPPLEMENTAL INVENT<i~Y S ~~ 0 /.4> ~ j
Affillautt "l@f £.nmtnr ®r 1\ilmtntstratnr 7/f/1
j;tatr nf Jrnnuyluania, t ss:
C!tnunty nf Banllingtnu \
/CJ zb of 1'1 71
Personally before me, the undersigned authority, a ..... N.Q.t.l'i!-.!:Y. ..... P.:ub..l..i!;. ................................ in and for said
County and State, appeared .......... J?.?..~.~.~ .. ~.P. ... X.~.~.~.~E1:.~ ........................................................................ who, being duly
sworn according to law, deposes and says that he is the executor~~~mx. of the estate of Domenick Falconi . · . ............................................................................................................................... deceased, that the foregomg schedules constitute a
suppt~UkMentory and appraisement of the real and personal estate of.. ......... P..9.!n~P.:.!.£~ .... f..~l9.9..TIJ ......... ,
deceased, except real estate outside the Commonwealth of Pennsylvania; that the figures opposite each item
of real and personal estate in the foregoing schedules are determined and stated by the undersigned to
be the fair value of said items as of the date of the decedent's death, based upon a just appraisement of each
item made by the above named Executor x\dmi:t.M~mmtKXXX
Sw n a a .ubmibed be;;~~:ti• ........ l..?.P>._ ~ ~a!;: :M:.oo·. ~ f~P.~~~··,:=R~~~~o::-E~~~~;~;:A~···
MY COMMISSIONDPIRES\!Jlrui.fllllefllklry must be filed within three months after appointment of personal representative.
2. A supple~ental inventory must be filed within thirty days of discovery of additional assets.
3. 1 Original and 2 Copies and 2 RCRI-34, Under $10,000; 1 Origimil and 2 Copies and 2 RCRI-33,
Over $10,000, including Copy of Will; 1 Original and 3 Copies and 2 RCRI-33, Over $50,000, in-
cluding Copy of Will and copy of Federal Estate Tax Return. ·.
REFERENCE FOR ADDITIONAL COPY
Act of 1947 P. L. 513 Sec. 5.2, 72 P. S. 4844.2
•:; ~~ f: ~-¥' ~c> ~ ~ ....
lhtuentnrn anil .i\.ppratsrmtnt of ehe goods and chauezs, rights and HeJi/~~.' ~hich
' \. ~ ~ ':, ·~.:,
were of ........ P..QJJ.H~n.i.~k .... f..oil.l.C.9.n.i ................................... Jate of C.anon.s.b.ur.g ................................. ?L.;Li ... ~ ............ .
Washington County, Pa., taken and made in conformity with the above affidavit.
DOLLARS
SUPPLEMENTAL INVENTORY AND APPRAISEMENT
REAL ESTATE
l.Lots 8, 28 and 30 in the Beacon Manor Acres Plan of Lo s,
situate in Peters Township, Washington County, Pa which
Plan is recorded in the Office of the Recorder of Deeds
in Plan Book 8 page 87, being more fully described in
Deed from Grant Furlong, Sheriff of the County of Wash-
CENTS
ington to Domenick Falconi in Deed Book 1123 page 250. 4,500 00
2. Lot No. 20 in the Beacon Manor Acres Plan of Lots,
situate in Peters Township, Washington County, Pa.which
Plan·is recorded in the Office of the Recorder of Deeds
in Plan Book 8 page 87, being more fully described in
Deed from Grant Furlong, Sheriff of Washington County
to Domenick Falconi in Deed Book 1151 page 671 ...
3. All that certain tract of ground situate in Peters
Township, Washington County, Pa, containing 44 acres
155.3 perches, more or less, more fully described in
Deed from Stefano Menichi to Domenick Falconi in Deed
Book 869 page 15.
1,500. 00
,500 0
Total .... $10~500.00
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, SUPPLEMENTAL
INVENTORY
Inventory and Appraisement
IN THE EST ATE OF
d DOMENICK FALCONI
Filed .................................................................. , 19 .......... .
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SUPPLEMENTAL
INVENTORY
REGISTER OF WILLS OF WASHINGTON COUNTY, PENNSYLVANIA ----------------------------
COMMONWEALTH OF PENNSYLVANIA } SS
COUNTY OF Washington } File Number 63 -71 -1026
PHILLIP FALCONI
Personal Representative(s) of the Estate of FALCONI, DOMENICK ------------------------------------------------------------deceased, depose(s) and say(s) that the items appearing in the following inventory include all of the personal assets wherever situate
and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each item of said
inventory represents its fair value as of the date of the decedent's deat!l, at Decedent owned no real estate outside of the
Commonwealth of Pennsylvania except that which appears in ~emoran at the end of thi · entory.
I verify that the statements made in this lnven-}"/ J ~~~~?~'
tory are true and correct. I understand that false state:;/. . . 1 ments herein are made subject to the penalties of (l
18 Pa.C.S. § 4904 relating to unsworn falsification to
authorities.
Attorney -(Name)
(Firm)
Frank C Roney Jr (Supreme Court J.D. No.) 30344
{Address)
Attorney at Law
382 West Chestnut St. ,
Washington, Pa. 15301
Suite 102
(Telephone) 724 /225-0522
DATE OF DEATH
8/3/1967
Real Estate
LAST RESIDENCE 382 W. CHESTNUT ST., STE 102
WASHINGTON, PA 15301-4642
I FIGURES MUST BE TOTALED I
DECEDENT'S SOC. SEC. NO.
173-12-5907
VACANT REAL ESTATE SITUATE IN CECIL TWP., WASHINGTON COUNTY, PA.
AND HAVING A NEWLY DESIGNATED TAX PARCEL ID# 140-005-00-00-0064-00
Total Real Estate
(Attach additional sheets if necessary) Total Personal Property and Real Estate
252.00
252.00
0 co
$252.00
w-t.rl381
Pa. O.C. Rule 6.12 STATUS REPORT
REGISTER OF WILLS OF WASHINGTON COUNTY, PENNSYLVANIA --------------------------
Name of Decedent: DOMENICK FALCONI
Date of Death: 08/03/1967 File Number: 63 -71 -1026
Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of
the above-captioned estate:
Date
1. State whether administration of the estate is complete:
2. If the answer is No, state when the personal representative
reasonably believes that the administration will be complete:
3. If the answer to No. 1 is YES, state the following:
a. Did the personal representative file a final account with the Court?
b. The separate Orphans' Court No. (if any) for the personal
representative's account is:
ORIGINAL ADJUDICATION AND DECREE DATED JANUARY 11,1979
c. Did the personal representative state an account
informally to the parties in interest?
00 Yes D No
[X] Yes D No ·
00 Yes D No
d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be
filed with the Clerk of Orphans' Court and may be attached to this report.
7-2-?-/2-
Vd ''OJ N018NIHSVM
SlliM jQ ~HSI83~
60 :~ Wd L2 1111' llOG
~lVO tJj~~1SI8j~
Capacity: D Personal Representative ~ou
Frank C Roney Jr
Name of Person Filing this Form
382 West Chestnut St. , Suite 102
Address
Washington, Pa. 15301
City, State, Zip
724 /225-0522
Telephone
Form RW-10 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc.
EXHIBIT "A''
REAL ESTATE
All right title and interest of Domenick Falconi in and to the following des-
cribed Real Estate to: Jennie Falconi, Widow. an undivided one half (11 2) interest;
Phillip Falconi, Son, an undivided one eighth (1 I 8) interest; Yolanda Passalaqua,
Daughter. an undivided one eighth {1 I 8) interest; Fernanda Tonti, Daughter. an
undivided one eighth (1 I 8) interest: and Mary Dalbo, Daughter, an undivided one
eighth (118) interest: as tenants in common. Said Real Estate being of record in
the Office of the Recorder of Deeds of Washington County. Pennsylvania.
Assessed Value
. # 1. ALL that certain tract of land situate in Chartiers For Year Of Estimated
Twp •• Washington Co •• Pa. containing an area of Decendent' s Market
2 acres. more or less, as the same is more part-___ D_e_a_t_h ______ V_a_l_u_e __
icularly bounded and described in Deed Boo_!< 812• .. I.
page 13. 0!3 I 30-/Cf~l~ :;:=5'-.70 ~ /~~£/fll M 60
~ ;_ -'-7o /.veO
#2. ALL that certain lot of ground situate in Chartiers
Twp., Washington Co .• Pa. being known and des-
ignated as Lots 12 & 13 in Block 5 in a Plan of Lots 1 sty bl hs 525
known as Glencove Park Addition to Canonsburg, Pa. Lot 55
more particularly bounded and described in DB 1177. Total 580
page 671 ( Glencove Park Addition Plan Book 6, page 158.
pi3 13b7jqf? ~l 1-J?-71-,,~J-~ ?A"ob '
fJ.aA_ -,-'1-7lv IJ /
#3, ALL that certain tract of land situate in Chartiers
#4.
Twp., Washington Co •• Pa. being _known as Lots 69
and 70 in the Hallam .Addition of recor:d in PB 4, pages
98 & 99 and more particularly bounded and described
in Deed Book 1181, page_ 545.
ALL that certain lot of ground in the Village of Kindred-
Hse
Lot
Total
ville, Chartiers Twp •• Washington Co •• Pa; more part-Hse
icularly bounded and described in DB 1153, page 697. . Lot
Di3 I~ rz:tj /:z 91 . _ 1 • . Total ~ ~Itt 7 7t. ~ fu£720 ?C. 0. ~ ~'"/'Yp#: J'J6o
#5.
#6.
ALL that certain lot of ground situate in the First Ward
of Canonsburg, Washington Co •• Pa. being more part-
icularly bounded and described in DB 1187. page 15.
ALL that certain tract of land together with the im-
provements and buildings erected thereon situate in
the First Ward of Canonsburg, Washington Co .• Penn-
sylvania, being more particularly bounded and describ-
ed in Deed Book 830, page 402.
#7. ALL that certain lot of ground situate in the First Ward.
of Canonsburg, Washington Co .• Pa. being known as Lot
312 Block 17 in the Cecil Improvement Co. Plan and
being more particularly bounded and described in Deed
Book 1251, page 851.
]liS /3?C:"2.;?~ 2/2 ~~ . ~VI~~~ ~:v, 6Y :r;;. ~DJ!Yl~J4fllct-ltt 7otJO. ~ ~-~~~H .
Subtotal ---------------------------------------
-1-
Hse
Lots
Total
1235
540
1775
315
480
795
405
162ov-
1950
225
2175 ~
500
500
6000
3500
3000
5000
3500
22,000
#8. ALL that certain lot of ground situate in the
First Ward of Canonsburg, Washington Co.,
Pennsylvania having erected thereon a two
story inselbrick house and garage being known
as Lot 170 and being more particularly bound-
ed and described in DB 1250, page 662.
Assessed Value
For Year of
Decendent' s
Death
Estimated
Market
Value
#9. ALL that certain lot of ground situate in Can-
ton Twp., Washington Co., Pa. being known
as Lot 6 in the Euclid Improvement Plan of
record in Plan Book 5, page658. (See Deed ,
Book 817, page 261). ~/6 t {!Jf(/ftf'L;-!f~ll/~ tr/
(k.hJ .~1,15 f #-177
(J.x_ -t-7~-
# 10. ALL that certain lot of ground ituate in Cecil
Twp., Washington Co., Pa. being known as Lot ;,~l:: :.
281 in the Colaizzo Plan of Lots of record in PB
7, page 188( See DB 1116, pa~e 172).
l)£3 136t. -to,;.J" :e: F~k--~~ .eA~/)
[)pJ;;} Ocr 1 ~>Z-e..oof-(ht.e4 1 :Jo.
# 11 ALL that certain tract of land situate in North
Strabane Twp., Washington Co., Pa. contain-
ing one half (1/ 2) an acre, more or less. (See
Deed Book 776, page 298).
# 12 ALL those three certain tracts of land situate in
North Strabane Twp., Washington Co., Pa. being
more particularly described in Deed Book 771,
page 562.
# 13 ALL that certain tract of land situate in North
Strabane Twp., Washington Co., Pa. contain-
ing 2 acres. (See DB 771, page 965).
# 14 ALL his undivided one-half interest in and to that
certain tract of land situate in North Franklin Twp.,
Washington Co •• Pa. containing 0. 88 acres surface.
(See Deed Book 843, page 235).
Hse & Gar 1590
Lots 350
Total 1940
Hse
Lot
Total
Hse
Lot
Total
755
90 --· 845
510
35
545
15 L.--
105 ~
180 ---
35 -~--
# 15 ALL his undivivded one-half interest in_ and to all that s 2 c't"'-
certain tract of land situate in North Franklin Twp.,
Washington Co., Pa. containing l. 12 acres surface. 35 1.--'""-(See Deed Book 843, page 235) •.
# 16 ALL that certain tract of land situate in South Stra-
bane Twp., Washington Co., Pa. containing an
original acreage of 20.55 acres and now a final
acreage of 8. 55 acres. (See DB 736, page 677) 195 _,._ __
Subtotal------------------------------------------------------
-page # 2 of tf:o.U:r.:) pages -
3500
1500
750
700
2300
3000
500
500
8000
39,250
#17 ALL thaT. ce:d'airf .. kakH of land situate in South
Strabane Twp., Washington Co., Pa. con-
taining 2 acres, more or less. (See Deed
Book 1068, page 387).
Assessed Value
For Year Of
Decendent' s
Death
45
Estimated
Market
Value
2000 --
# 18 ALL that certain tract of land situate in Som-
erset Township, Washington County, Pennsyl-
vania being known as parcels nos. 4, 5 and
#19
6 and portions of parcels nos. 1, 2, and 3 in
the Hi Lawn Plan of record in Plan Book 6.
pages 30 and 31. (See Deed Book 913, page
573).
ALL that certain lot of ground situate in the
Third Ward of the City of Washington, Wash-
ington County, Pennsylvania having erected
thereon a brick building. {See Deed Book
963, page 137).
REAL ESTATE MORTGAGES
Bldg.
Lot
Total
300
2165
430
2595
50 0 0 (..,---·-
10,000---
All right title and interest of Domenick Falconi in and to the following
described mortgages to: Jennie Falconi, Widow, one-half {l I 2) interest:
Phillip Falconi, Son, an undivided one-eighth (1/8) interest; Yolanda Passa-
laqua, Daughter, an undivided one-eighth (1/ 8) interest; Fernanda Tonti,
Daughter, an undivided one-eighth (1/8) interest; and Mary Dalbo, Daughter,
an undivided one-eighth {1/ 8) interest; as tenants in common. Said mort-
gages being of record in the Office of the recorder of Deeds of Washington
County, Pennsylvania.
Sherman C. Brown, Mortgagor, Canonsburg, Pa.
Recorded in MB 495, page 240.
Paul & G Brown, Mortgagors, Box 95 Westland, Pa.
Recorded in MB 687. page 1205.
William R. Delfine, Mortgagor, 2 Ridge Ave., Canons-
burg, Pa. Recorded in MB 669, page 262. /rc..JcJ.
Clement DaPra, Mortgagor, S. Central Ave., Canonsburg,
Pa. Recorded in MB 67, page 270. L.-
Thomas Jennies, Mortgagor, 4658 Wilburke Ave, Pittsburgh,
Pa. Recorded in Mortgage Book 528, page 284. 7c;5-;
LeRoy Lovel, Mortgagor, Midland Rd., Houston, Pa.
Recorded in MB 642 , page 474.
!nell Nelson Nichols, Mortgagor. 221 Elm St., Canonsburg,
Pa. Recorded in Mortgage Book 523, page 181.
-pag~ 3 of lf:oa£ pages -
Est. Mkt Value
$ 429.29
2,485.00
2, 331. 16
10,289.30
3, 133.76
1,250.00
542.00
REAL ESTATE MORTGAGES continued •••
Robert & Joan O'Hara, Mortgagors, Muse, Pa.
Recorded in MB 689, page 182.
Elmer Schultz, Mortgagor, c I o Rouytd Hotel,
McMurray, Pa. Recorded in MB 644, page 434.
Joe Westfall, Mortgagor,.. rec~rcied. l.n MB 647 page 94.
CHATTEL MORTGAGES
3,266.49
5,000.00
2,950.00
All right title and interest of Domenick Falconi in and to the following described
chattel mortgages to: Jennie Falconi, Widow, a one-half (1/2) interest; Phillip
Falconi, Son, an undivided one-eighth (1/8} interest; Yolanda Passalaqua, Daughter,
an undivided one-eighth (1/8) interest; Fernanda Tonti, Daughter, an undivided one-
eighth (1/ 8} interest; and Mary Dalbo, Daughter, an undivided one-eight (1/ 8) interest;
as tenants in common.
James Guinn,· Mortgagor, Can:i;msburg, Pa. Recorded
in the Office of the Recorder of Deeds of Washington
County, Pennsylvania, in MB 619, page 580.
, Harry Crosson, Mortgagor, Highland Ave., Washington,
Pennsylvania. Not Recorded.
page 4 of four pages
$ 3,520.77
EXHIBIT II B"
All the following described personal property to: Jennie Falconi, one-
half (l/2) interest; Phillip Falconi, an undivided one-eighth (1/8) interest; Yolanda
Passalaqua, an undivided one-eighth ( 1 I 8) interest; Fernanda Tonti, an undivided
one-eighth (1/8) interest; and Mary Dalbo, an undivided one-eighth (1/8) interest;
as tenants in common.
STOCK
Columbia Revall Oil Co. -3, 000 Shares -Common Stock
Country Bell Co. -50 Shares -Common Stock
Grand Deposit Mining Co. -90 Shares -Common Stock
Loyal American Life Insurance Co. 67 Shares -Com. Stk
Majestic Radio & Tel -200 Shares -Common Stock
National Wire Prodi.l.ct of Md. -2, 800 Shares -Common Stk.
Nu-Enamel Corp.
Provident Fund for Income Tax -481 Shares -Common Stk
Tintic Led. Co. -500 Shares -Common Stock
Union Dairy Farmers Co-op -26 Shares -Common Stock
Union National Bank -26 Shares -Common Stock
UNITED STATES SAVINGS BONDS SERIES 11 Eu
Date
10/28/58
10/28/58
10/28/58
10/28/58
10/30/58
10/30/58
10/30/58
NOTES
Name and Addresses
Wm H & G C Adamson
17 84 Hastings Mills Rd.
Bridgeville, Pa.
Wm H & G C Adamson
17 84 Hastings Mills Rd.
Bridgeville, Pa.
Leopold Babin
Duquesne Ave.
Canonsburg, Pa.
Series Number
Q 1646210408 E
Q 1644582579 E
Q 1644582578 E
Q 1646210407 E
Q 1655769153 E
Q 1655769152 E
Q 1655769155 E
Recorded or Unrecorded
Not recorded -original
in possession of Phillip
Falconi, Ex.
ll
II
ll
Washington County
No. 233 May 1967 DSB
2£Re & Frances Celento t Pike Street
Washin~ton County
No. 147 Jan Term 1968 DSB
Canonsburg, Pa.
-1-
Estim. Mkt. Value
No Value /c:J,.-
500.00
100.00
2, 763.75.
No Value <"t".?.. -·
28,000.00 .
No Value ,...a,-
2, 765.75 .
100.00·
No Value .tc:/. ...,......
838,50 ------::· ~5·o6(
Amount
$25,00
$25.00
.::$25·, 00
$25.00
$25.00
$25.00
$25,00
Amount
$4, 126. 80
~~1. 691. 96
$ 7 0 2 • 6 8 ·.t--""
$1,000,00
•' '
NOTES continued .•.
Names and Addresses
Robert & Virginia Campbell
13 7 Chambers Lane
Canonsburg, Pa.
Nick & Mary V. Cavalcante
Washington, Pa.
Paul Rotella
R.D. # 1
Canonsburg, Pa.
Joe Esposta
1945 Chestnut St.
~;-;Washington, Pa.
James Guinn
Canonsburg, Pa.
Edward Gromacki
Pike St, Canonsburg, Pa.
Houston Foundry
Houston, Pa.
Angie LaSalvia
Iron St. Canonsburg, Pa.
Alfred Nbte
359 Cherry Avenue
Houston, Pa.
Patsy Pitzarella & Al
Palafroni, First St.
Canonsburg. Pa.
Q. Patterson
Station St.
Houston, Pa.
John Pollard
Canonsburg, Pa.
Morris Popover
Canonsburg, Pa.
Nick Pihiou
Adams Ave.
Canonsburg, Pa.
Georgia Stuart
Canonsburg, Pa.
John Soloman & Peter Lathen
Washington, Pa.
-·p· ..... ~#·:. '~ ~. o_ -, -·" .... ,. • . '· ' . '--· , age • T:wG of·-Thr-ee~"'Pages···-.:·-
Recorded and Unrecorded
Not recorded -original
in possession of Phillip
Falconi, Ex.
Washington County
No. 195 Nov. 1965 A.D.
Not recorded -original
in possession of Phillip
Falconi, Ex.
Not recorded -original
in possession of Phillip
Falconi, Ex.
tl
tt
Washington County
No; 538 Nov. 1967 DSB
Not recorded -original
in possession of Phillip
Falconi, Ex.
ll
1l
1l
tl
Washington County
No. 381 July, 1965 DSB
Not Recorded -original
in possession of Phillip
Falconi, Ex.
11
1l
11
ll t.t
1l
11
11
1l
Washington County
No 645 & 646 Nov. 1963 DSB
Not recorded -original
in possession of Phillip
Falconi, Ex.
Amount
$1,307.40
$2,067.00
59.00
$4, 105.00
$1,212.30
$11, 908.06
$8,000.00
$ 622.25
$1,652.63
J2,685.78
$1,404.00
$1,473.77
$ 438.50
~$ 710.00
$ 500.00
NOTES continued •••
Names and Addressess
Ernest Sacco & Margap:et Sacco
East Pike Street
Canonsburg, Pa.
JohnL. Venersky
Iron Street
Canonsburg, Pa.
VERBAL AGREEMENTS
Name & Addresses
Joe Butler
Route 18
Washington, Pa.
Joe Butler
Route 18
Washington, Pa.
Charles Cassidy
61 Burfon Ave.
Washington, Pa.
Aubrey Higgenbotham ¥Of)
20 Ridge Ave. i)IJ.IJ.-75-
Washington, Pa.
Recorded or Unrecorded
Washington County
No. 427 Feb., 1961 DSB
Not recorded -original
in possession of Phillip
Falconi, Ex.
Recorded or Unrecorded
Washington County
DB 1247 -787
Washington County
DB 1135 -429
DB 1242 -694
Washington County
DB 1063 -372
Washington County
DB 1177-236
$3,500.00
Bessie & Fred Hughes ,./(.. .., Washington County
Canonsburg, Pa. IG'<6/ 2 7;..;:. DB 772 -41
Helen Little berry I) 13 lt/5°/;l.trf I Washington County
Washington, Pa. DB 756 -458
David & Ruth Lee~·~ ./ Washington County
Phillie Place 10 f3 17 ri/ 1 <P( DB 760 -210
Canonsburg, Pa. I) .r.60 .1 1 e..~ 10
Louis Martin 05 lJ......qf /tf7~ Washington County,
Canonsburg, Pa. "jddnv0 r-DB 983 -62 I' 5° c?
' .At'fl l '11
Tony Williams fJ f~.(-_, J'1~ Washington County
Washington, Pa. ~-~~~ DB 1254 -559
~ Falconi Motor Lea?ing Corp. Unrecorded
·t. Route 18 Mobile Homes Inc. Unrecorded
Household Furnishings Unrecorded
TOTAL
Page Three of Three Pages •.•
Amount
$4,379.76
$ 54.50
Amount
$4, 161.00
$3,343.88
$2,055.50
$3,500.00
$1,985.86
$1,227.59
$ 983.00
$3,000.00
$101, 863.49
$7,359.71
$ 975.00
$2801 721. 79