HomeMy WebLinkAboutOC1971-1092 - ESTATE OF OFCHARIKI~l
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~N THE COURT OF COMMON PLEAS
PF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
63-71-1092
IN RE:
ESTATE OF JOHN M.
OFCHARIK,
Deceased .
PETITION FOR FAMILYEXEMPTION
BARNA AND BARNA
ATTORNEYS AT LAW
SEVENTH AND McKEAN AVENUE
DONORA,PA.
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vania.
1965.
NO.63-71-1092
1.John M.Ofcharik,the decedent,died on April 24,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
4.Your petitioner is the widow of the decedent,to
5.Your petitioner lived with the decedent on his farm.
PETITION FOR FAMILY EXEMPTION
The petition of Mary F.Ofcharik respectfully represents:
3.All of the decedent's assets have been liquidated
2.Letters Testamentary were granted to Mary F.
in Carroll Township,Washington County,Pennsylvania,until
Catholic Church in Donora,Washington County,Pennsylvania.
Ofcharik,your petitioner,and John M.Ofcharik,Jr.,by the
totals $28,129.17.
IN RE:)
)
ESTATE OF JOHN M.OFCHARIK,)
)
Decea sed.)
except a Chevrolet station wagon and miscellaneous farm machinery
and equipment,which non-liquidated items are inventoried at $355.0
1965,a resident of Carroll Township,Washington County,Pennsyl-
According to the Account filed,the amount for distribution
Register of Wills of Washington County,Pennsylvania,on May 12,
whom she was married on August 20,1955,at St.Dominic's Roman
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May 14"1958,when she was ordered and forced by the decedent's
misconduct to leave his household.
WHEREFORE,your petitioner prays your Honorable Court to
set aside and award to her without notice or appraisement the
assets above described on account of her widow's exemption of
$1,000.00 to which she is entitled under and by virtue of the
provisions of Section 211 of the Fiduciaries Act of 1949.
And your petitioner will ever pray,etc.
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF WASHINGTON )
PERSONALLY before me,the undersigned authority,
appeared MARY F.OFCHARIK,who,being duly sworn according to law,
deposes and says that the facts set forth in the foregoing Petition
are true and correct.
/l Notary Public
Sworn to and ~ubscribed before
me this 7 ~day of September,
A.D.,1972.
~~
My commission expires:
TEPHAIIA NmIACK.t'otary Public
S "'1aslllnntun c.IJ;Jnty,Pa,Donora.t,"E..'r s'~y Comll1h"ioll "pi e
..Jan.29,1973
(SEAL)
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IN THE COURT OF COMMON pLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
NO.63-71-1092
IN RE:
ESTATE OF JOHN M.
OFCHARIK,
Deceased.
OBJECTIONS TO CLAIMS OF
PETITIONERS
BARNA AN D BARNA
ATTORNEYS AT LAW
SEVENTH ANO MCKEAN AVENUE
DONORA.PA.15033
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IN THE COURT OF CO~ON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:)
)
ESTATE OF JOHN M.OFCHARIK,)NO.63-71-1092 °
)
Deceased.)
b,.....OBJECTIONS TO ·'CLAIMS OF PETTTIONERS
Your petitioners are Mary~.Ofcharik and John M.
Ofcharik,Jr.,Executors in the es,tate of John M.Ofcharik,Sr.
1.On September 11,1972 the °audit of the above estate
was held.
2.At that audit,Paul N.Barna"Jr.,Esq.,Attorney
for the Executrix,Mary F.Ofcharik,presented the audit papers
to the court and advised the court that certain heirs of the
estate were present and had objections to some oaf the aspects of
the administration of the estate.Mary Jane Mundorff,spokesman
for the group,made a statement and was alloted a reasonable
time to file objections or to compromise the claims.At this time
the objections were in generalities and no specific claims were
set forth.
3:At the audit Mary F.Ofcharik filed a petition for
the Family Exemption and Griff Jones made an oral claim against
the estate in regard to damage of the real estate that he
purchased.
4.As of this date,written objections by the claimants
Mary Jane Mundorff,Rudolph G.Ofcharik,Kath~rine Ofcharik and
Edward F.Ofcharik have not been filed with the court.
5.Rule 10 of the Orphans Court Rules of Washington
County requires that the objections must be in writing,
"...Objections must be in writing,
signed by counsel or person~objecting,
and shall specify the item or items
complained of and the reasons for the
'.
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complaints.Notice of the 'filing
thereof together with 'a copy of'such
objections shall be 'given to all
parties in interest~or to th~attorneys
of record at least ten days before any
hearing on such 'objections unless
waived by parties inteie~ted,with
approval of the 'court."
6.On May 26 a hearing on all objections was held
and James M.Ferguson III,Esq.,Attorney for the claimants
and Mary Jane Mundorff one of the claimants made the following ora
objections:
(a)Personal expenses ot Mary F.Ofcharik in the
approximate amount of $190 for telephone calls to her brothers
and sisters pertaining to the estate;
(b)An alleged $1500 check from an insurance company;
(c)Cash and change from fathei's wallet which was
supposedly put in the safe the night of his death along with
cash and valuables;
(d)Numerous items of personal property;
(e)Rent from John M.Ofcharik,Jr.for living on the
property;
(f)A claim that the Executors should be denied their
commissions;
(g)A claim th~t the Executors should be serviced for
interest;
(h)Objections to th~Attorney fee charged by
Clyde G.Tempest.
7.The Executors or their representatives at no time
prior to the heading had notice of the claims that were to be
presented.
WHEREFORE,your petitioners respectfully move the Court
to dismiss any claims presented by the brothers and sisters.
BARNA AND BARNA
By ~..I\!l)(:A _
Attornelfs for petitloner~
2.
(SEAL)
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COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF WASHINGTON
PERSONALLY ,before me,the undersigned authority,
appeared JOHN M.OFCHARIK and MARY ,OFCHARIK,who,being duly
sworn according to law,,depose and say that the facts set forth in
the foregoing Petition are true and correct.
-JLW#4..j~,
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My commis$ion expires:
STEPHANA NONACK,Notary PublldDonor~.Washington County"ea.My Commission Exp!r§$
Jan.~.!l.191Z
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IN THE COURT OF COMMON PLEAS.OF
ALLEGHENY COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
No.1092 of 1971
JOHN M.OFCHARIK,SR.,
IN RE:ESTATE OF
~
Deceased.
PETITION FOR PAYMENT OF EXPENSE
INCURRED IN THE ADMINISTRATION
OF THE ESTATE OF JOHN M.
OFCHARIK.SR.
James M.Ferguson III,Esquire
TUCKER ARENSBERG &FERGUSON •
1200 PITTSBURGH NATIONAL.BUIL.OING
PITTSBURGH.PA 115222
'i,
IN THE COURT OF COMMON PLEAS OF
ALLEGHENY COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF
JOHN M.OFCHARIK,SR.,
Deceased
No.1092 of 1971
PETITION FOR PAYMENT OF EXPENSES
INCURRED IN THE ADMINISTRATION OF
THE'ESTATE OF JOHN'M.'OFCHARIK,'SR.
TO THE HONORABLE,THE JUDGES OF SAID COURT:
The Petition of Mary Jane Mundorff,by her attorneys
James M.Ferguson III and Tucker Arensberg &Ferguson,respect-
fUlly represents:
1.John M.Ofcharik,Sr.,the decedent,died April
24,1965,a resident of Carroll Township,Washington County,
Pennsylvania.
2.Letters Testamentary were,granted to Mary F.
Ofcharik and John M.Ofcharik,Jr.,by the Register of Wills of
Washington County,Pennsylvania,on May 12,1965.
3.Your Petitioner is the daughter and one of the
heirs of the decedent.
4.Since the date of her father's death,.the
Petitioner,more than either of the executors,has taken upon
herself the burden of seeking a fast and efficient administration
of the estate and the ultimate distribution of its assets.In
this regard,none of the heirs of the aforementioned estate,other
than the two executors involved,have ever been sent any copies
of the papers filed in the estate or any notifications concerning
the estate other than the notice for the audit.The Petitioner
in this r~gard has made numerous phone calls (from May of 1971
through February of 1973}to the other heirs in an effort to keep
them apprised of the problems and the progress of the estate's
administration.
5.In this regard,the Petitioner has expended funds
(i.e.,$l02.40)in long distance calls to Rudolph Ofcharik in
North Carolina and Catherine Ofcharik in California.These
calls were made as previously stated to compensate for the lack
of notice and information that was not forthcoming from the
executors of the aforementioned estate.
WHEREFORE,your Petitioner prays this Honorable Court
to award to her the amount of $102.40 to reimburse her for
the expenses that she has incurred on behalf of the estate.
Respectfully submitted,
M.Ferguson 11
T er Arensberg &Ferguson
Attorneys for Petitioner
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COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF ALLEGHENY )
A F F I D'A V I T
Before me,,the undersigned authority,,personally
appeared,MARY JANE MUNDORFF,who being duly sworn according
to law,deposes and says,that the facts contained in the fore-
going Petition are true and correct to the best of her knowledge,
information and belief.
SWORN to and subscribed
before me this',.z 2 ~c0
day of 2Yl"'?'
1973.
~2cl-~Notary Public
My Commission Expires:
r,"I.CE ro.SAUl.TERS,Notary Publle
Pitsburg\A:eRh,uy Co.,Pa.
My CO.,::Ji5S;~1l E~pjres
Septemuer 27,1975
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IN THE COURT OF COMMMONPLE~
OF WASHINGTON F.cOUNTY"PENNA
ORPHANS'COURT DIVISION
NO_lOQ2 'of 1971
IN RE:ESTATE OF JOHN M.
OFCHARIK,DECEASED.
MELVIN B.BASSi
ATTORNEY AT LAW
701 MCKEAN AVENUE
CHARLEROI,PENNSYLVANIA lS022
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IN THE'COURT OF COMMON PLEAS Of WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF JOHN M.
OFCHARIK,SR.,DECEASED.
TO THE HONORABLE COURT:
.
:NO.1092 of 1971•
On December 11,1971,Mr.Griffith Jones purchasedcer-
tain real property,together with a house and garage erected ther
on,located in Carroll Township,at a public sale as authorized
by this Court.Mary F.Ofcharik and John M.Ofcharik,co-execu-
tors of the above estate,executed and delivered a deed to Mr.
Jones,dated January 17,1972,pursuant to said sale,the sub-
ject property being a part of the above estate.Prior to,at
the time of,and for some months thereafter,the said John M.
Ofcharik was in possession of the aforementioned real estate.
Mr.Jones has now come before the Court claiming that
certain items affixed to the real estate at the time of sale were
removed,without permission,by John M.Ofcharik,the result of
which was to damage and render uninhabitable the subject premises.
SUbsequent to the hearing of this claim,May 23,1973,Mr.Ofchar-
ik agreed to replace the items removed and called upon Mr.Jones
to observe the repairs.Though a number of items were returned,
sUbstantially,the requested repairs were not performed by Mr.
Ofcharik.Specifically,the following deficiencies remain unat-
tended:
.'.....
1.Mirrors replaced in the bathroom were not properly
hung and fail to cover the area,exposed upon their initial re-
moval by Mr.Ofcharik.
2,Stove hood and vent not replaced,leaving a hole in
kitchen wall.
3.Garbage disposal.
4;Kitchen sink trap.
5.220 fuse box,
6.Commode unattached.
7.Water softner.
8.Water pump.
9.Two (2)-screens.
10.80 feet of downspout.
11.Two 20 feet by 12 inch channels for grease pit.
12.Only three of six jack posts were replaced in cella
for support.The three replaced were not properly installed.
The above items were affixed to the subject premises
at the time of sale and were considered part of the conveyance.
Accordingly,the claimant,Mr.Jones,prays your Honorable Court
..
to order that the above items be fully replaced in a manner sat-
isfactory to the claimant so as to return the premise to a habit-
able condition.Alternatively,claimant prays that a rehearing
be scheduled to permit him to establish the reasonable value nec-
essary to complete the repairs.
MELVIN B.BASSI
By -~pi-Patrick J.Re
'Iran nf lJan4itt:gtnu
Q1uurt miuininu
~lt monrt nf Qrnmmnu
(@rp4aua'
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<lrnuuty
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In the matter of the Audit of Account in
Estate of John M.Ofcharik
TO THE AUDITING JUDGE:
No.63-71-1092
Enter__....!Q'-LUllUr appearance for_--L:M.u:a::L.rL.¥*'-....lF:-.....--\.OLJfL...!c.....hll.l:aLJr~l.L..·k~,o......JC....:Qu.s::e:..<x~e:a.;C.Lllut..JO..J..L.r----l.o,)...fL-...1.t..J.b.ue=---_
above Estate.
BARN~Dr!!!=~B¥~04.:....A~---.:._
1 1:day of~h r _',19~
N.B.-Counsel shall,by separate paper,present a concise statement of each
claim,with supporting calculation of any interest claimed.Objections
to an account as filed,shall be concIsely stated in a separate paper.
Council suggesting proper distribution shall file a separate concise state-
ment in that regard.
No.6 3 - 7 J - J 0 9 2
In re Audit of Account in EstaJte of
John M.Ofcharik
AUDIT
'rarripr fnr Appraraurr
FOR
Mary F.Ofcharik,
Coexecutor of the above
Estate.
BARNA AND BARNA
By
Attorney
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Testate Form
PETITION SU R AU DIT
IN THE ORPHANS'COURT OF WASHINGTON COUNTY
Estate of ~9.~..~.·.9.¥..~.~~_ .
Deceased
No.J9.9.2 Q.f ..19.Z1 .
Fiduciary..~~x...¥..!·Q.f.GRM~JK.3!g9 .
...~2~~..~.~...2!~~~~~.?.~.~.?...~~~.~~.~.~E.~.
Date of Date of
Decedent's death lH?t;i,.J.....2.~.1..J9.~~:Grant of Letters ~.~y.~.4.,19..Q.J .
This is the F.ir.st and..F.inal account filed in this estate
If there have been former accounts filed in this estate,list file number or number and term .
Election to take
Underl§~~will.(cross out one)
Date.Election Place of;
Filed Record _ .
Name of surviving spouse Mar.Y-...F..•....Q.f.c.h.~};.i.k :.
List issue,where material:
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--'l~"'.'~,"-~rJ ,","",~""'"~_'ll'ili ':;,i::.tf.lIf'''',-,~
Did decedent marry after execution of will?(indicate)~x:No.Any children born after execution of will?(indicate)
X'B.No.If answer yes,name them .
Leg.atees
Mary F.Ofcharik
John M.Ofcharik,Jr.
Rudolph G.Ofcharik
Edward F.Ofcharik
Emma Fedorchak
Mary Jane Mundorff
Catherine Ofcharik
Relationship
Widow
Son
Son
Son
Daughter
Daughter
Daughter
Interest
1/3
1/3
1/15
1/15
1/15
1/15
1/15
"Fiduciary,if deceased or not sui juris'\./
.
List,if exceptio'ns to above:
If pCi~tial intestacy,give facts:
Adeemed:Revoked:"Lapsed:'•-Abated:"Give Cause:
Notice to interested parties.Have all parties,having either vested or contingent interests and all crediors entitled
to notice (Court Rule No.9 paragraph C:Section 6:Subdivision c)received written notice of the filing of the account
and of call of audit?Yes.Jbbxx
If any exception give cause:.
File copy of Notice ,
and date of mailing ~y.,g:!J..l?t..;I,.J..1••J9..?2 .
I
Is estate subject to the filing of a Federal Estate Tax Return?~g .
Actual payment made on Pennsylvania Transfer Inheritance Tax.Amount $NgJ1~.
If the Will makes any portion of estate subject to a life-estate,give name and birth date of life tenant ~.?~~.
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.
Catherine Ann Ofcharik,Mary Jane Mundorff,and·John Ofcharik,Jr.,
$340.00 each for funeral expenses advanced.•.....•..•ADMITTED
Mary Jane Mundorff,n~merous claims•..
Griffith Jones,claim of $5,000.00
. ....
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• •DENIED
.DENIED
Give reference to such parts of the will as require interpretation by the Court;a reference to all questions re-
quiring adjudication,and a statement of any other facts deemed necessary for the preparation of the adjudication:
None
Balance for distribution per account,
Itemize any additional debits not shown by account:
Total additional debits (Add)
Itemize any additional credits not shown by account:
1955 Chevrolet station wagon inventoried
@$150.00;car was not running and
rusted;unable to sell and now valueless
Total additional credits (Subtract)
Balance for distribution
$2.8.J.J...~9..!J1..
o '$.._._.._.....~.QQ..--.
$.15.0,,00 .
$??,.9.Z.9..~J?..
If balance for distribution is not in cash,list each item held in kind,giving appraIsed Value (or distribution Value);
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Only item not cash is farm machinery and equipment,
specifically devised to John M.Ofcharik,Jr.,valued at
"-~''t
$205.00
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If Family Exemption claimed by Petition,give place,of Record:.
If Family Exemption is claimed at audit,give name,relationship and basis for Claim:Mat.y...r,Qf.c.h.arik.,.
widow
List any advancement or distribution on account that has been made,and nature and amount of same:
John M.Ofcharik,Jr.,on account of Executor's commission and
advancement on inheritance,made on July 13,1972 $7,500.00
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:
Mary F.Ofcharik,widow,family exemption and 1/3 balance of estate
John M.Ofcharik,Jr•.,farm machinery and equipment valued at $205.00,
plus 1/3 balance :less advancement of $7,500.00
Edward F.Ofcharik,1/15
Emma Fedorchak,1/15
Mary Jane Mundorff,1/15
Catherine Ofcharik,1/15
Rudolph G.Ofcharik,1/15
COUNTY OF WASHINGTON,SS:
COMMONWEALTH OF PENNSYLVANIA.
The above named Fiduciary or representative thereof,
being duly .s.WQXU doth depose and say
that the facts set forth in the foregoing petition are true
h b f their db'to t e est 0 knowledge an elJef.
.........$~~.;:P.-to and subscribed before~e Ih;sd,,0[,day -af .9-:+=...~
Signature of Officer....•...............................................
:"tEPHANA NONACK,Notary Publig
Title of Officer.....•.......~~T~~~~l.~y.~~~!.~.q~~~..~?~~yJ..I?!I!a.•~.•...•....".My ';ommlSSl«ln t.xplrea .)ffiP
Jan.29,197a .
Office expires.........•........................................................
And your petitioner will ever pray,etc.
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Estate of J9.tlN..~!••.9.¥.9.~)~JJ~.
Deceased
Fiduciary ~~X ¥..!Q.fgJ:M\~~K.3~n9 .
JOHN M.OFCHARIK JR....~.
PETITION SUR AUDIT
FROM WHERE DECEDEN1'LEFT A WILL
Counsel of Fidu~iary will submit herewith the
following,in conformity with Court Rules
adopted effective December 3,1951,being
rule No.9:po rag raph b-c;and divisions
thereof:shown on pages 23-24.
1.Written praecipes 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.
3.Letters Testamentary or Administration
C.T.A.or an attest copy of Will.
6.Copy of inventory and appraisement.
7.Proof of advertisem:ent 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.
Barna and Barna
Attorney
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.~,...IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PA •
-\Estate of )
JOHN W;OFCHARIK,)No.63-71-1092 of 19
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Deceased.)
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NOTICE OF FILING ACCOUNT AND AUDIT
'.
To the heirs,creditors and other'persons interested in said
estate:
Please take notice that the First and Final Account ,of MARY F~
JRr.,Executors
OJ'CHARIK and JOHN M'.OFCHARIK,of the above estate was filed in the
Office of the Register of Wills of Washington County,Pennsylvania,
on July 31,1972,and is docketed to the above number and
term.Said account will be presented to the Orphans'Court of the
said Washington County,Pennsylvania,for confirmation and will be
audited by the said Court during the week beginning on the second
Monday of September,1972,at 1:30 o'clock P.M.in.'
its Court'Room on the third floor of the Courthouse,Washington,
Pennsylvania,where and when you may appear if you so desire.
BARNA AND BARNA
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Attorneys for the Estata
-.-
...BY-------~---------....
Dated:August 15,1972
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NOTICES SENT TO:'
Mary F.Ofcharik
Donora,Pa.15033,
John M.Ofcharik,Jr.
P.O.Box 183
Monongahela,Pa.15063
Edward F.Ofcharik
R.D.#2,
Monongahela,Pa.15063
Mrs.Emma fedorchak
Monongahela,Pa.15063
Mrs.Mary Jane Mundorff
467 Stockdale Avenue
Monongahela,Pa.15063
Miss Catherine Ofcharik
Simi,California
Rudolph G.Ofcharik
Raligh,North Carolina
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:
Barna &Barna.Paul Barna,Jr.
are Mary F.Ofcharik &John M.Ofcharik and the attorneys are
ESTATE OF
JOHN M.OFCHARIK,
Deceased.
«
z<>.J>-~BEFORE:z\IIII.
Z~APPEARANCES:z
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!Iia:~THE COURT:
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u~MR.BARNA:
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No.1082 of 1971
HEARING ON AUDIT
THE HONORABLE ALEXANDER R.CURRAN,J.,
Specially Presiding.
BARNA &BARNA,ESQS.,of Donora,Pa.,represE nting
the co-executor,Mary Ofcharik.
MARY JANE MUNDORFF,Claimant,representing
herself.
GRIFFITH JONES,Claimant,representing himself.
Monday,September 11,1972,at 1l.30.o'clock P.M.,
EDST.
The estate of John M.Ofcharik.The Executors
Your Honor,our office represents the co-executor,
Mary F.Ofcharik.Mr.Tempes t re pres ents the other co-
executor,John Ofcharik.There is a large family in this estate,
and we just got into it this last year.Of the claims,we admit a
claim of Catherine Ann Ofcharik,Mary Jane Mundorff and John
l·Ofcharik,Jr.,each for $340.00 for reimbursement of funeral
--;r--------I-
expenses that are advanced.There is a claim of Mary Jane Mundorof~
she is in Court here,,of various items.I am not sure if they are
completely dis posed of or not,items of personal property,etc.,
that I think should be heard and have a hearing set.And just before
the hearing Vole will know 'vhere we stand on that.That is denied b~
the executors.And Griffith Jones,he is in Court today,Your
Honor,and he has a claim.I understand he bought the real estate
at public sale.It was bid in Court here and when he finally got
possession of it,he claims that there were an awful lot of items ta en
out of the real estate such as pumps,garbage disposal,some of th
plumbing equipment and hoists and all soits of things like that.
So the executors can't admit it,but it's a claim for $5,oou.And
I think there may be somebody else in Court here that may have
a claim.I don't know.Will you all come up and tell the Judge who
you are?
Also,Your Honor,while they are coming up,we
made qu ite a gain on the sale of the real estate that we will have
to file a 1972 Federal Income Tax Return with a capital gain,and
that has not been calculated.But we would like to close this out
except for the people who are here right now.This is Mary Jane
Mundorff.
2
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MRS.MUNDORFF:
THE COURT:
MR.BARNA:
I am more or less s peakingfor the rest of them.
Mr.Barna,we can't go into a long hearing.
No,I'm thinking tha t the Court---
THE.COURT:What is the amount of your claim?
3
I-
;M.B.S.-MUNDORFF:We have found that in our father's Will it says that
we are all to share in the estate.Now John has told us that ther e
is nothing in this estate for any of us to share.
THE COURT:·Who is John?
i MRS.MUNDORFF:John is the one that lived in the house.
«>gTHE COURT:He is one of the executors.
zzIII
11..MRS.MUNDORFF:Yes.zoI-~THE COURT:Is he here in Court?
:J:Ul«~MRS.MUNDORFF:No,sir.All items have been re moved from the hODE e.
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None of us have been notified that the house was being vacated.
Among other things,we have found that there is money which is
not listed in the Inventories.Mary Ofcharik,who is our stepmothE r,
has claimed she has signed a check for the amount of $1500.00
which is not in the Inventory.There are just a lot of discrepancie
which we have found which I have listed which I can't recall off-haI1~.
I have them on a paper here.We feel we should be heard on this
matter before itls decided finally.We also have a brother,Rudol~h,
who cou ld not be with us today,but if need be he said he will make
it his business to be here if we need him.
THE COURT:
executorhs'?
MR.BARNA:
VVho~did you say the other attorney for the other
Mr.Tempest.This is a matJer that was put betwee
the families and so the Executrix,Mary Ofcharik,carne to our
4
office and we have expedited it.
THE COURT:Did the wife take against the Will?
So she couldn't take against it.But she is filing a family exemptio
exemption.She's awarded a one third interest,I think,in the Will.•
MR.BARNA:Yes,Your Honor.No,she is filing a family
order to help us get this estate settled because John has not done
to Mr.Barna.He lived on the estate and he just 'Nasn't interested
in settling it.
anything in six years that my father had died previous to our going
Your Honor,she 'vent to Mr.Barna with us inMUNDORFF:~MRS.
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There is a lack of communication.It's a division.This is one of
the situations,I think,that maybe the Court should set a date for
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What is the other executor's position on this?
It's just down the middle in the family,Your Honor.
iiiII:~a hearing and we could see where we are,sometime in the future.
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I&l~THE COURT:All :right.We will do that.But it will be necessary
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:Jou to have the other executor and his attorney here at the same time .
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U~MR.BARNA:We will give him notification of this.
o•THE COURT:We will set a date and have a hearing.At that time
you people and any other person in the family who wants to put in
a claim will have to be here at that date to see if we can thrash
this matter out.First of all,you should get together preliminaril ,
you and Mr.Tempest,and all of the people who are claiming,
as these three are,and any others,and see if you can work out
5
somethIng.
MR.BARNA:Your Honor,we have attempted this.This has been
an extremely---
MRS.MUNDORFF:I have a sister who we are not sure what her stand•THE COURT:How many other claimants are there besides you thr =-e?
have a brother Rudolph in North Carolina who wants this estate
and she felt he would not pay her if she went against him.We also
is.She felt she could not be in Court with us.John owed her man y
settled.
What is shown on the distribution which you now
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~u have?itI-CIl.~MR:BARNA:It's around $28,000.00,Your Honor.$28,129.00,
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u.g according to our account here ...,
:tI-~THE COURT:Well,we will set a date for a hearing,Mr.Barna.
here and one other claimant,Griffith Jones,has a different claim
separate of these people.
all together,1.vhich I think should be a different time.It's complete ly
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BARNA:This would be closed except for the heirs of the esta e
THE COURT:Shou ldn't it be heard at the same time?
MR.BARNA:It might confuse the issues,Your Honor.
THE COURT:vv'hat is the claim for?
MR.BARNA:I understand he bought the property at a public sale
for approximately $32,500.00,I think,and didn't get possession
of it unhFlater.The co-executor,John Ofcharik,lived in this
-..
property and wouldn't get out and 'vas finally given notice to vacate,
which he did 30 days later.\iVhen he vacated,there was tops of
the kitchen cabinets where the formica was removed.I think the
".•garbage disposal was removed.An electric pump was removed.
All sort~of items.He has a page of,a list of a page and a half that
And this prc>perty was originally assessed by John Ofcharik for
of his share of the estate of $7500.00.He is entitled to a one third
They were removed and left.
real estate and part of the house.And so he feels that he has a claim.
What about his.~commission?
There is a whole lis t of items he's upset about.
His commission has not been paid.
These things were not put back in working order.
Has any part of the executor's commission been adv nced?
There has been an advancement to John Ofcharik
$3500.UO.And at thep,uhliie sale it went for $'32,500.00,I believe.
share.
he filed 'vith the executors of what was taken that was attached to tt e
MUNDORFF:
BARNA:
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•This man has quite a claim.And he paid quite a price for the prop rty.
THE COURT:What does his claim amount to,roughly?
MR.BARNA:He gave a rough estimate of $5,000.OU.
THE COURT:You don't think that can be heard at the same time
as the other c laim ?
MR BARNA·Well it might be able to but I mean,I think it shOt ld
7
be separately as a separate proceeding.It's a completely separate
issue.It's not related to these people's claim at all.
THE COURT:It's still coming out of the estate,whatever the sum
may be;it will have to come out of the estate funds ..,•MR.BARNA:Yes.Either the estate or the Court may award
share of the es tate.
es tate.I think is sufficient.
received his share of the estate.
it against the one co-executor.
No.Just a partial share.
No.there's the executor's fee and his share of the
'We will set it down for hearing and notify you,Mr.
I thought you said he had already been awarded his
That might not be of much value.He's already
MR.BARNA:
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Barna,and you notify all the other heirs.It seems to me we
ought to have this man in at the same time.Vve may not be able
to finish it all at once,but I think we ou ght to get it cleaned up all
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at once.
MR.BARNA:Then.Your Honor,with the Court we are also fUin
a claim for the widow's exemption.I thought that one co -executor,
John Ofcharik,would be in .Court today to sign a supplemental stat e-
ment of Debts and Deductions for Inheritanc e Tax,but I see he':=;,
not there.So we will get that executed.
THE COURT:Is there anybody els e in Court interes ted in the
estate of John M.Ofcharik,deceas ed?
(NO RESPONSE)
8
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THE COURT:The audit will be closed.
( A UDIT CLOSED)
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~I hereby certify that the proceedings and evidence areuo:J;contained fUlly and accurately in the notes taken by me on the hearing.."N
iii of the above cause,and that this copy is a correct transcript of the same.
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The foregoing record of the proceedings upon the hearing
of the above cause Is hereby approved and directed to be filed.
By the Court,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
OhPHANS'COUBT DIVISION
J
PhOCEEDINGS ON PETITION FOrt FO.hFEITURE OF HAND MONEY
THE HONORABLE P.VINCENT MAkINO,Judge
of the said Court.
BAHNA &BA .hNA,ESQS.,of Donora,Penna.,
By Paul N.Barna,Jr.,
and
HOBMELL,TEMPEST,SIMMONS,BIGI &
MELENYZER,of Washington,Pa.,by Clyde G.
Tempest,representing the Executors.
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IN .hE:
ESTATE OF
JOHN M.OFCHARIK,
Deceased.
BfJFOhE:
APPEAhANCES:
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No.1092 of 1971
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~II::Jou TIME:
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MELVIN BASSI,ESQ.,of Charleroi,Penna.,
re pres enting Griffith Jones.
Wednesday,March 15,1972,at 10:00 o'clock
A.M.
"
----------------------------------------.,-------,
2
MR.TEMPEST:If the Court please,today is the return day on a
rule that we filed on Griffith J,Jones to show cause why the hand
money that he had deposited on a sale of real estate from a John
M.Ofcharik estate should not be forfeited unless he would present
to the Court a Confirmation or an acceptance by the bank,showing
that the full balance of the conside ration would be paid"in accordaI ce
with the sale of this real estate.And we have been pres ented today
a certification from the Charleroi Fe deral Savings and Loan
Association,stating that the full purchase price will be paid to the
estate of John M.Ofcharik,being payment in full for all the real
estate in that estate.
If the Court please,I would read this certificatio 1
into the record,but it does state that the bank has committed
themselves to pay the sum of $22,800.00 for the purchase of the
premises and the balance of $8,000 is in the possession of Griffith
J.Jones,as pres ently available to close this real estate transactbn.
THE COUhT:Do we have a representative of the purchaser here?
That is Mr.Griffith J.Jones,
MR.TEMPEST:Mr.Jones is represented by Mr.Melvin Bassi;;.
who ~present here today.
Mh.BASSI:If Your Honor please,on behalf of Mr.Jones,w
are able to guarantee the full ftmount of the purchase price in the
public sale that took place that was confirmed by the Court.
THE COURT:The full amou nt of the pu rchase price,as I have
1---.'
noted from the transcript of the testimony taken at the last hearing
is $33,250.00.
MR.BASSI:Yes,sir.
THE COURT:Is that what you are referring to?
MR.BASSI:Yes,sir.There's a deposit of $3,325.00 that is
the properties involved.Is that correct?
money is presently held by our firm in our trustee account.
executed the mortgage and note papers.And I have them in my
with the bid that was made by him on December 13,1971 in this
At this time the Court wishes to invite any remarks
Yes,Your Honor.Mr.Jones has signed and
If the Court please,that deed has been prepared
That's right,Your Honor.And that amount of
So that Mr.Griffith J.Jones will be able to com~ly
That was a downpayment that was made,Mr.Ter lpest ?
possession.
and has been executed by the Executors and I believe Mr.Bassi ha s
that deed,and Mr~'l.rBassi is holding that deed in escrow at this tirre.
Court,and pay the full balance and receive the deed or deeds for
pres ently in the possession of the attorneys for the estate.
THE COURT:
MR.TEMPEST:
Mh.BASSI:
MR.TEMPEST:
THE COURT:
THE COURT:
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that may be made for thebenefit of the Court in this proceeding;
it having come to the knowledge of the Court since the last hearing
on December 13,1971 that one of the persons who was at the origi al
sale that was had in this proceeding was going to except to the manner
.....
41
of the sale and to this proceeding,and we invite anyone at this time
to come forward and let his sentiments be known in that respect.
If there are any,the Cou rt will give consideration to same.
Mh.TEMPEST:Speaking for one of the executors of the estate,
I have received no papers or any knowledge or any oral representa ion
that there would be anyone taking exception to the.manner of the sa e
~z~or the confirmation of the sale or the sale to Griffith J.Junes.
>-VIZ~I have no personal knowledge whatsoever that anyone would take
A-
ie exceptions.
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fact that Attorney Jack France approached the Court some time age
and informed the Court that he was representing Mr.Cox.And,
in fact,counse1 at that time had a petition ready for the Court and
was asking the Court to delay thes e matters because of the allegatipns
that he had in that petition.And I informed Mr.France at that tirr e
that I did not think it was proper to delay this matter,but I would
consider any allegations that he wished to'present in behalf of Mr.
Cox or anyone else at this final hearing that we are holding today.
And he was invited to come to it and present whatever he had to do
at this time.That is the reason that I asked for any remarks that
anyone has to make.I did not sign his petition and I refused to sta lJ
or continue this sale,because I don't think that that should be donE
unless just cause be shown at tlJis hearing.I invite anyone that
has remarks to make in that res pect to come forward and make th m.
..."':""
MR.TEMPEST:If he had consulted us,I see no reason to---if he
had consulted us there probably would be no reason to not continue
..it and let him file the proper papers .Unless he's here today I
respectfully ask the Court to not set this sale aside and let us
proceed with the case and close this out.If he would appear here
today,I think that would be a different matter.This is a return
day and if he's had full knowledge of the fact that this is the return
day and he's not here---
THE COURT:He was notified by the Cou It that this was the
date and the time and place of the final hearing on it.And that we
would go a head and approve this sale unless we had sufficient reasc n
to do otherwise,which would be presented at this hearing.
MR.TEMPEST:
MR.BARNA:
I respectfully move the Court to---
I'm a little taken aback by all this because Mr.
Cox was in our office yesterday morning and he asked my ffather if
Mr.Jones was able to go through with this sale and the reply was
from our conversation with Mr.Bassi,that there was a firm comr.~it-
ment.And he indicated that he was very happy tha t Mr.Jones was
going to be able to close this transaction out and that he did not hav~
any objections to any part of the proceedings in thes e transactions
at all.And this was from Mr.Cox,Senior,who was at Court at th:>
confirmation,who had an opportunity to bid and did not bid himself
THE COUhT:Well,when Mr.Jack France desired to present
his petition with the Court,that was approximately two weekS3 ago,
6-----11'------------------------~-.-
and the Court refus ed to entertain his petition.But I gave him eve
assurance that he would be heard at this hearing if he desired to
attend.Inasmuch as he has not attended,and inasmuch as we have
no exceptions noted here by anyone,then the Court will confirm an
approve this sale at th e figure of $33,250.00 to Griffith J.Jones
and permit him to conclude the matter with the executors of the
estate.
(Proceedings Closed).
I hereby certify that the proceedings and evilMence are contained
fully and accurately in the notes taken by me on the hearing of the above
caus e,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 CCllrt,
J
IN THE COU RT OF COM~v.LON PLEAS OF WA SHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
PROCEEDINGS ON CONFIR.mATION OF SALE OF REAL ESTAT E
IN HE:
ESTATE OF
JOHN lV.L.OFCHARIK,
,Deceased.'~z<>oJ>-UIZZIII0.,
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No.1092 of 1971
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:t~BEFORE:~
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THE HONORABLE P.VINCENT lV.LARINO,
Judge of the said Court.
PAUL BARNA,JR.,ESQ.,of Donora,Pa ,
repres enting the Petitioner.
,CLYDE TElY.i,PEST,ESQ.I of monongahela
Pa.,repres enting Griffith J.Jones.
lVlonday,December 13,1971,at 10:00 o'clDck
A.M.,EST.
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THE COURT:
'lvlR.BARNA:
.lvJ.r.Barna,are you ready with your proceeding?
Yes,Your Honor..lVJ.r.Tempest is also representihg
2
one of the other executors in this estate.This is the time set
for the Petition for Confirmation of the Sale of Real Estate in the
estate of John M.Ofcharik,deceased.We had a public auction
on Saturday,Your Honor,and we received a bid of $15,100.00
from a Griffith Jones.
THE COURT:
MR.BARNA:
Wh ere is this property located?
It's in Carroll Township.It's a farm having a total
acreage of approximately 57 acres.I'd like to present to the
Court our Petition for Confirmation at this tim e with all of our
Proofs of Publication attached to it,the Affidavit of Posting and
an Affidavit of Ma iling Notice to the heirs.
THE COlTIlf{rr'::.lV.lr.Barna,is there any more than one property
concerning this petition?
MH.BARNA:Your Honor,\(t~,s three properties that were sold;
they are all contiguous and we sold them as one property.
THE COURT:
MR.BARNA:
And the selling price there is how much?
$15,100.00.And we have a deposit from Mr.Jon s
in this in the 8 u m of $1,510.aa.
THE COURT:In the matter of the Petition for Confirmation of S,Ie
of Real Estate in the Estate of John M.Ofcharik,deceased,at
Number 1092 of 1971,we have apPetition for Confirmation of the
st:de of real estate and it appears that the best offer for the sale
of said real estate which I unders tand includes three contiguous
pieces of property,is the sum of $15,100.00 bid by Griffith J.
Jones.Are the re persons in Cou rt today that are interested in th 13
property or thes e properties and desire to bid on sam e?
3
MR.TEm PEST:It is my understanding,Your Honor,that there
are persons here who do desire to bid on this property today.
THE COU.k T:
MH.BARNA:
We will entertain their bids if they will come up.
This is Walter Cox.He is the son of the football
player who scores ---he's the father of the football player,excus e
me.And this is John Ofcharik,Jr.,one of the executors.Mr.
Griffith Jones is the gentleman in the yellow shirt back here,YOl r
Honor.So he may be interested too.
THE corn T:You'd better come up because we are going to
entertain bids on this property now,and this will be your las t
chance to bid on it.Is there anyone else interested in bidding on
this property?Please come up to the Bar so that we can get you 0
bid.Now we will entertain bids in the usual manner on this
property,and Mr.Hana,the Clerk,will explain the manner of 0 r
receiving those bids.
MR.HANA:Orphans'Court sale has many of the ordinary face s
of an ordinary bid sale that you just went through,as I understan~,
on Saturday.However,in this particular case here,the gentlem.n
here who bid now $15,100.00 only has to meet the highest price
offered here in Court today.He does not have to originate any ne Iv
bid.All he has to do is to indicate that he will pay asmuch as
either of you gentlemen would care to pay for the property.Now
the first bid that we entertaintl here in GJ@l.lrt has to be at least
$500.00 or ten percent of the bid purchase price.In this particul r
case,it would be $500.00..in addition to the $15,iliOO.00.In
other words,with the $15,ffiOO.00 plus $500.00,our upset price'
piust be $15,600.00,in order to get into the bidding at all.Then
we would go ahead and we auction in ordinary fashion,raising
in property of this value approximately $50.00 would probably
be satisfactory.ThatIS up to the Court to designate those particu ar
amounts.But we will go ahead and bid in that particular way unti
the highest price is arrived at and then we ask the original bidder
as to whether he will meet that price.And if he meets it,the:
property will be knocked down to him,then there might become
a bidding to the tw 0 people that w ill be left between he and the
prospective bidder.He again having to pay only the same amoun
as the top price offered here in Court.
THE COUBT:Now,gentlemen,it's understood that these bids
are for these three conf:,i!guous properties in Carroll Township.
One containing 42.697 acres,another containing 4.21 acres,and
the last containing 10.659 acres.The bids will be on the properties
as a whole.You may proceed,Mr.Hana .
.LVJ.R.HANA:
MIt.OFCHARIK:
Could we have your name,sir?
John Ofcharik,Jr.
lV.l.R.COX:
.I.vlR.HANA:
Walter Cox.
Now will one of you people,either John Ofcharik 0
5
Walter Cox,are you willing to offer $15,600.00?
MR.OFCHARIK:
.I.vlR.HANA:
I'd like to bid .
That property is upset.Now then,will you meet
that bid,sir?Or Mr.Cox,areyou going to enter into auction
~z~at this stage?
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Z~lY1R.COX:No.I'm not bidding.
Do
zg MH.HANA:lY.l.r.Jones,then the move comes to you.
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~THE COURT:Mr.Jones is the bidder from the sale.So Mr.Jores
~
~has only to meet the bid that is placed here today in order to get
ll:I-!!!o the property.So we will inquire now of Mr.Jones,do you meet
...I«Uo that further bid of $15,600.00?
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:z:~ME.JONES:Yes.
in increments of at least $50.00 or more ifyou wish.
to be raised another ten percent or $500.00.That could be raisec
MR.OFCHARIK:
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lV.l.R.HANA:
MR.OFCHARIK:
lVl.R •.HANA:
MH.JONES:
Now then,it's up to you to rais e.That does not ha ve
I bid $15,700.00.
Now the move is back to you.You will meet that?
Yes.
That bid has been met,sir.
$15,800.00.
Will you meet that?
Yes.
That bid has also been met,sir.mR.HANA:
MR.OFCHARIK:$15,900.00....
6
•
lVlR.HA NA:
MR.JONES:
lV1R.HANA:
MH.OFCHARIK:
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$15,900.00 is bid now.Will you meet that?
Yes.
That bid has been 1+1 et .
$16,500.00.
$16,500.00.Will you meet that?
Yes.
That bid has also been !:pet,sir.
$16,600.00.
~lV.LR.HANA:We are nOVirlup to $16,600.00.The move comes
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Q back to you and you will meet that?
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J:5 lVJ.R.HANA:That bid has been met too,sir.
iiiII:~MR.OFcHARIK:
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U Aii:mR.OFCH RIK:
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J.V.l.R.HANA:
MH.JONES:
lV1R.HANA:
MR.OFCHARIK:
mR.HANA:
MR.JONES:
$16,800.00.
$16,800.00 now bid.And you w ill meet that?
Yes .
$17,000.00.
$17,000.00 is now bid.Will you meet that?
Yes.
That bid has also been met,sir.
$17,250.00.
Will you meet that,sir?
Yes.
mR.HANA:
lV.LR.HA NA :
MR.JONES:
lV1R.HANA:
M8.OFCHARIK:
mR.HA NA :
MH.JONES:
MR.HANA:
MH.OFCHARIK:
c(
z~lV.LR.HANA:..J>-UI~meet that?IIIQ,
ig MR.JONES:
l!lzx
Ul lV1R.HANA:c(
~
ti MR.OFCHARIK:
~I-UI
Q lV1R.HANA:
.J~U
Q MR•.J~0NES:
:J
"':r5 lV.LR.HANA:
iii~MR.OFCHARIK:
II:oQ,
IIIII:
l-II::JoU
.Jc(oii:ILo
MR.OFCHARIK:
THE COURT:
MR.JONES:
mR.OFCHARIK:
THE COURT:
MR.JONES:
That bid also has been met,sir.
$17,500.00.
$17,500.00.Will you meet that?
Yes.
That bid also has been met,sir.
Let's go $18,000.00.
$18,000.00 is bid by mr.John Ofcharlli-.Will you
Yes.
That bid also has been met,sir.
$18,500.00.
Will you meaiJthat?
Yes.
That bid also has been met,sir.
Let's go $19,000.00.
You.will meet that?
Yes.
That bid has been met,sir.
$19,500.00.
That bid also has been met.
Yes.
$19,750.00.
Will you me et that?
Yes.
7
lV~r.Jones says he will meet that bid,sir.
$20,000.
That bid also is met?
Yes.
$20,250.00.
Wi.ll you meet that bid,sir?
Yes.
That bid also has been met,sir.
$20,400.00.
$20,400.00 is bid,sir.
Yes •
.lV.Lr.Jones says he will meet that one too.
Let's go $20,600.00.
$20,600.00.
Yes.
That one also has been met,sir.
$21,000.00.
Yes.
mr.Jones will meet that.
$21,500.00.
The bid now stands at $21,500.00.You will meet that
Yes.
That bid also has been met.
8
MR.OFCHARIK:
.lvJ.R.HANA:
MR.JONES:
mR.HA NA:
MR.OFCHARIK:
mR.HANA:
meet that one?
MR.JONES:
mR.HANA:
MR.OFCHARIK:
.lV.l.R.HANA:
mR.JONES:
mrt.HANA:
MH.OFCHARIK:
mR.HANA:
lViR.JONES:
.lV.l.R.HANA.:
MR.CF CHARIK:
lV.l.R.HANA:
mR.JONES:
.lV1R.HANA:
MR.OFCHARIK:
lV.l.R.HANA:
mR.JONES:
$21,750.00.
$21,750.00.Will you meet that bid?
Yes.
lVlr.Jones says he will meet that,sir.
$22,000.00.
The bid now stands at $22,000.00,sir.You will
Yes.
He will meet that one too,sir.
$22,250.00.
$22,;d50.00 is bid.
Yes.
That one is also met.
$22,500.00.
$22,500.00 is ,bid.
Yes •
That one also is met,sir.
$22,750.00.
$22,750.00 is bid.
Yes .
lV.l.r.Jones says he will meet that one too,sir.
$23,000.00.
$23,000.00.
Yes.
9
lV.l.R.HANA:
MR.OFCHARIK:
mR.HA NA:
mR.JONES:
lV.l.R.HANA:
MR.OFCHARIK:
~z HANA:ct J.v.l.R.>.J>-UIz J.v.l.R.JONES:z
IIIII.
i J.v.l.R.HANA:0I-0Zx MR.OFCHARIK:Ulct~
..:mR •HANA:uii!I-
UI J.vlR.JONES:Q
.Jct§lV.l.R.HANA:Q
::;).,
:t MR.CF CHARIK:......
(lI
uiII:J.v.l.B.HANA:l1lil-II:0L lV1R.JONES:11/
II:
l-ll:::;)lV.l.R.HANA:0u...ct0 MR.OFCHARIK:ii:II.0
!v.l.R.HANA:
lV.l.R.JONES:
lV.l.R.HANA:
MR.OFCHA RIK:
lV1R.HANA:
mR.JONES:
!v.l.r.Jones will meet that one.
$23,250.00.
$23,250.00 is bid.
Yes.
That bid also has been met,sir.
$23,500.00.
$23,500.00.
Yes.
mr.Jones says he will meet that one.
$23,750.00.
$23,750.00.
Yes.
lV.Lr.Jones will meet that one also.
Let's go to $24,000.00.
$24,000.00 is the bid now as it stands.
Yes.
lV.Lr.Jones will meet that bid,sir.
Let's go to $24,250.00.
$24,250.00 is bid.
Yes.
lV.l.r.Jones will also meet that bid.
$24,500.00.
$24,500.00 is bid.
Yes.
10
11
lV1R.HANA:That bid has also been met.
MH.OFCHARIK:$24,750.00.
lV.l.R.HANA:$24,750.00 is bid.
lV.l.R.JONES:Yes.
•lV1R •HANA:lhr.Jones will meet that bid too,sir.
MR.OFCHA RIK:The bid stands at $24,750.00.
:!:z
oil:lV.l.R.OFCHARIK:$25,000.00>..J>-enz lV.l.R.HANA:$25,000.00 is bid.zIIIII.
i
lV.l.R.JONES:Yes.0I-~
Z
:I:lViR.HANA:lV.l.r,Jones will meet that bid too,sir.UI«~
..=MR.OFCHARIK:$25,250.00.uii:I-UI mR.HA NA:$25,250.00 is bid.ee.Joil:§
lV.l.R •JfONES:Yes.e
:J.,
:rI:;lV.l.R.HANA:That bid also has been met.N
iiilI:MR.OFCHARIK:$25,500.00.IIIl-ll:0..$25,500.00 is bid.III mR.HANA:lI:
l-ll:
:J JONES:0 mR.Yes.u
.Joil:u lV1R.HANA:Mr.Jones will meet that bid.ii:...0
MH.OFCHARIK:$25,750.00.
e lViR.JONES:Yes.
lViR.HANA:That bid also has been met.
MR.OFCHARIK:$26,000.00.
iV1R.HANA:$26,000.00 is bid.
lViR.JONES:Yes.
mR.HANA:
MR.OFCHARIK:
lV.l.R.HANA:
MR.OFCHARIK:
lVJ.R.HANA:
lV.l.r.Jones says he will meet that bid too,sir.
Let mr•Jones have it.
The $26,000,you don't care to upset that bid?
No.
The way the bidding now stands,mr.Jones will
12
become the pur chaser of these three contiguous parcels of land
at $26,000 even.Mr.Griffith Jones.Does anyone care to raise
any more bidding?Mr.Cox,you originally indicated you wanted
to bid.
lVJ.R.BARNA:
else?
MR.COX:
lvill •BARNA:
lVJ.R.TEmPEST:
It's up to $26,000 .00.Doyou care to bid anything
Who's got it?
Jones has it for $26,000.00.
I wondered if the parties wanted to confer here for
a few minutes .If you gentlemen want toconfer on this sale or any::me
here,could we have about a five-minute recess?
THE COURT:
MR.BARNA:
Yes,you may.
Your Honor,lVJ.r.Cox just asked me if Mr.Jones
would be the final bidder here,w,hlat would happen if he could not
raise the money within 30 days?
THE COUBT:That·is up to the Cou.rt.We have a bidder here,
we assume that he has the ability to meet the bid.If it so happened
that he does not have ability to go through with that,then that is
a decision for the Court to make.And I have in mind what the
decision will be,but I am not going to announce it now.
13
MH.TE.Lv.LPEST:
Court.
THE COURT:
MR.TEmPEST:
Theyasked me the same question,but it's up to tt e
Yes.The same thing could work from the other waf!.
It could be from anywhere from enforcing the Ordelr
of Confirmation or it could be any other adjustment.
THE COURT:All right.We are ready to resume.Gentlemen,
the Court is ready to resume the receiving of bids on this propertty.
The last bid that we had was $26,000.And that was met by the
original bidder,Griffith J.Jones.So that we are ready now to
determine whether there are any further bids.
MH.OFCHARIK:I'll go a little higher,Your Honor.$26,500.0U.
lV.i.R.HANA:$26,500.00 by lVJ.r.Ofcharik.
.LV.LR.JONES:Yes .
.LV.LR.HANA:mr.Jones will meet that bid too,sir.
MiL OFCHARIK:$26,750.00.
.LV.LI{•HANA:$26,750.00 is bid.
.LV.LR •JONES:Yes •
.LviR.HANA:mr.Jones will me et that bid als 0,sir.
MiL OFCHARIK:$~7,000.00.
lV.LR.HANA:The bid now stands at $27,000.00.
mR.JONES:Yes.
.LV.LR.HANA:mr.Jones will meet that bid.
MR.OFCHARIK:$27,500.00.
'.
..
iV.i.R.HANA:
MR.OF CHARIK:
iVJ.R.HANA:
iVJ.R.JONES:
iV1R.HANA:
MR.OFCHARIK:
:!:z
0(iV.i.R.HANA:>...>-(JIz lV1R.JONES:zIIIII.
i0 iV1R •HANA:..C!Iz
:z:MR.OFCHARIK:(JI
0(
~
~iV1R.HANA:~II:..(JI
0 lVJ.R.JONES:
..I0(
§iVJ.R.HANA:0
::l...
:I:..MR OFCHARIK:"CII
cri
II:lV1R.HANA:III..II:0II.III iVJ.R.J(QlNES:II:..II:::l0 iVJ.R.HANA:u
..I0(u MR.OFCHARIK:ii:l&.0
lVJ.R.HANA:
lV1R.JONES:
JV1R •HANA:
MR.OFCHARIK:
.lV1R.HANA:
iV1R.JONES:
mr.Jones says he will meet that,one also.
$30,500.00.
$30,500.00 is bid.
Yes .
That bid als a has been met.
$31,000.00.
$31,000 has been bid.
Yes.
That bid also has been met.
$31,250.00.
$31,250.00 is bid.
Yes.
mr.Jones will meet that bid also.
$31,500.00.
$31,500.00 is bid.The bid now stands at $31,500.00.
Yes.
iVJ.r.Jones will me et that bid.
$31,760.00 .
$31,~f.50.00 is bid.
Yes.
That bid also has been met,sir.
$32,000.00.
$32,000.00 is bid.
Yes.
15
mR.HANA:
MH.OFCHARIK:
mr.Jones says he will meet that bid.
$~2,250.00.
16
mR.HANA:
lV1R.JONES:
mR.HANA:
MR.OFCHARIK:
mH.HANA:
lV.l.H.JONES:
mR.HA NA:
MR.OFCHARIK:
lV.I.R.HA NA:
mR.JONES:
mH.HANA:
MR.OFCHARIK:
lv~R.HANA:
mR.JONES:
lv~R.HANA:
$32,250.00.As I understand the bid,it is $32,250 OU.
Yes .
.LV.lr.Jones says he will meet that bid.
$32,500.00.
$32,500.00 is bid.
Yes.
lV.l.r.Jones will me et that bid also,sir.
$32,750.00.
$32,750.00 is bid by John Ofcharik.
Yes.
lV.l.r.Jones will meet that bid.
$33,000.00.
$33,000.00.
Yes.
You will meet that one too,Mr.Jones?That bid
also has been met,Mr.Ofcharik.
lV.l.R.OFCHARIK:
:'v~R.HANA:
lV.lR.JONES:
lV.l.R.HANA:
MR.OFCHARIK:
mR.HANA:
$33,250.00.
$33,250.00 is bid.
Yes.
mr.Jones will meet that one too,s,ir.
Let lV.l.r .Jones have it.
You don't care to go any further?The way the bide ing
17
now stands,the price is at $33,250.00,and the bid stands in the
name of Mr.Griffith J.Jones.
THE COURT:The Court will confirm and approve the sale of the e
properties to Griffith J.Jones at the sum of $33,250.00.You wil
make arrp,J\lgements with hhe attorneys ,for the concluding of the
matters.
I hereby certify that the proceedings and evidence are contained
J.
tenographer
(Proceedings Closed).
cause,and that this copy is a correct transcript of the same.
vi0:III~oL~The foregoing record of the proceedings upon'the hearing of the
I-0::)8 'above cause is hereby approved and directed to be filed .
..J«U
ii:l&.o
~z«>..J>-UlZ
Z
IIIQ,
iol-I'
Z
XUlc(~fully and accurately in the notes taken by me on the hearing of the above
tiitI-UI
o
..J«Uo:).,
:r~'"
".
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
j
GRIFFITH J.JONES and.....................................................................................................,...
RONALD A.JONES,...................................................................................................................
Plaintiffs,...................................................................................................................
VERSUS
CARROLL TOWNSHIP,a Municipal
....................~I .
1 ••...~.?:.~~f..~!:.?~..~.
Defendant .....................................................................................................................
No ..'.~.~.~,.::~.?:E.~.~Term,19 ~?A.D.
IN THE COURT OF COMMON PLEAS OF
Washington County
:1
'ro ~~.t.~X ~~.p.:;~.!..~g.~.§.t.~.~.9..~~~~~.~.!.:
1.YoJ are ordered by the court to come to W.9.-.§.hJP..g:!;9..n 9..9.:Y.nt.y G9.JJ.;:t g9..~.~.~;.~
Ii ..~
.....................::~at ~.~.~.h~D:9:~.9.!].,Pennsylvania<I ...
Tuesday,October 18,1983 '.9:00 ***,A .on ;at ;0 clock,1\1.,to testIfy on behalf
.Ii
of :.J?.~.~.~.~9:~.~~in the above case,and to remain until excused.
I
2.Atid bring with you the following §l:J..+.l?9.;p..~.~~~.!.':th§~.?t?.:t.~9..~~.9.~.~!...~.
IIOf¢harik at No.1092 of 1971.!..·..· ·r ·..· · ·..·..· · · · ·..·.
I'........................,.
.......................~.
..................~~.
***PLEASE WAIT UNTIL CALLED.
II
Date OJ.t.../z/./f-l.J ..:
SEAL OF
THE
COURT
BY THE COURT,
By ~t1!..~..
Prothonotary
(1)0.b>~
-V).D-a>
.2-80@C:~E
·~OO~...Og.O~;Q"-O .
.._p
~~-~
t<'I
~I~1-
!I,
III -
I:
~~,
Subpoena _
No ~.~.~~~.:.~.~;Te~,19..~..?.
GRIFFITH J.JONES and ......._._-._~-
_..ED.NALD A J..QNE.S..Ii ..
.Plaintiffs,.
VERSUS .
....9.~!3.~9.~.~....~g~.~~.!g.!.?:~.~.~~.~.9.~J?~!
....c.9..~.P.9..~.gt.j,.QD.J ..
Defendant •.
rl
I'f'I.,
~9
____________J
C01\J.:v!ONWEALTH Ot.PENl'<SYLVANJA
COUNTY OF 'tVASHlNGTON
Ii
GRIFFITH J.JONES and ....................................................................................................................
J .~QN.~.~TP.A.~Y.:Q.N.~.$...t : : ...Plaintiffs
...................,;:::..
I,i,
,I 'VEHSUS
I'
I
~.~.~!3.QP.~Tq.~~§.~.!:?.!..~·.~~.~~.~.~.P..~.!..
I!
~.~!..P..?~.~.~.~.?.~.r...:.
Defendant ..•.••.•...••......,!.................•...........•...............................:•................................
N0 l~.4 ;J1~J:.9.h T erm,19 ~.f A•D•..
IN THE.COURT.OF COMMON PLEAS OF
Washington County
,1
"
"
i:":1 •
'ro..·:·~·~r?X ~~P.!:.L;..!3.~~~.~~.~~.Q~~.~.~.~§::
II,..'
1.Yo~are ordered by the court to come to..W.g.9.b.i.n.g..t.Qn.;..c..Q)Jn.t.Y ~.Q.\J;r,t.H.Q:q·$.g .i .,'.~.Washington:... .....................~:at ::,Pennsyl"anla,
"
on ~9.~9.~.Y..f......~9..Y..~~p..~~?..~.L..}.~..~..t at .........~..~..9.9..~.~..~........o'clock,.~.M.,to testify on behalf
of :.ri~.f.e.nd.ant in the abov~case,and to remain until excused...I ",...
2.Ahd bring with you 'the following.al.l p.aP.e.r..s in th~Es.t.at.e.Q.f J.Q.bn F....t ..'.Ofcfua~ik at No.1092 of i971..'
••••••••••••••••••••••,•••••••••••••••••••••••••••••••0 •••••••••••••••••••••••••••••~o••••~0••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••0 ..
......................'.....................................................................................•............._.
....:.;~'~~~.
...............................................................:::..
",***PLEASE WAIT UNTIL CALLED ..,I
i:
r
Date.N.9..¥§.!n-.p..~.~~.~.f.~.~..?~.
SEAL OF
THE
COUnT
BY.THE COUHT,.aJ~)!~JI.~~..'....
By /.!....~,J;lLkJJ...:~..
.Prothonotary
BOB A.JHANKS,PROTHONOTARY
My Terms Expires First Monday,Ji.lnuary 1988
BARNA AND BARNA
,ATTORNEYS AT LAw
SEVENTH a McKEAN AVENUE
DONORA,PENNSYLVANIA 15033
PA.1JL N,BAR..'(A
PAUL N,BARNA,JR,November 1,1973'TELEPHONE
379-6800
Hon.P.Vincent Marino
Washington County,Court House''
Washington,Pennsylvania 15301
Re:Estate of JohnOfcharik
63"';71-1092
Dear Judge Marino:
As you know,Attorney Tempest,who represents John Ofcharik
(co-Executor of the above Estate),has been quite ill and is not
expected to return to work unti,l some 'e'xtended time in the'future.
Mr.Tempest's partner,Herman Bigi,has authorized me to
represent Mr.Ofcharik,along with our client,Mary Ofcharik (co-
Exe'cutor),in an ateempt to'conclude this matter.
Just prior to Mr.Tempest's illness,I understand that
arrangements were being made to have 'John Ofcharik make 'the repairs to
the 'property sold by the Estat.e':'to Griffith 'Jones',as he 'tes'tified he
would at the he'aring before you on May 23"1973 ..
During the 'week of October 15,1973"I made ,arrangements wi,th
Karl Jones,Griff's brother,that John Ofcharik would be on the 'premises
on Saturday,October 20,1973",to make 'thes'e 'repairs.Karl relayed this
message to his brother.Mrs.Ofcharik was taken to the 'hospital on
October 18,1973;and being pre-'occupied,John forgot to notify me or
the Jones family.Griff Jones made the 'trip from New Jersey to be
present while 'these repairs were being made.However,he 'did not
contact me that he'was hereuuntil Monday,October 22"1973.
On October 22,1973,I made arrangements withbdthMr.Jones'
and Mr.Ofcharik that Mr.Ofcharik WQuld make the'se 'repairs 'on Saturday,
October 27,1973,at 9:00 o'clock,a.m.Mr.Ofcharik reported to me
that he was on the premises at that time withGriff's fathe'r and was in
the process of making repairs when he 'received a tel~phone call from
Attorney Bassi to cease and not to make any more 'repairs.
Mr.Bassi stated that Griff wanted to be present and needed at
least ten days notice"The elder Mr.Jones who was present wanted Mr.
Ofcharik to continue the repairs,but Mr.Ofcharik abided by Mr.Bassi's
decision.
C:I.•
Hon.P.Vincent Marino
November 1,1973'
Page Two
I understand that tentative 'arrangements have been made for
(the continuance of this work on November 3,1973,"and that Griff
Jones will be present.
I'
i '
(,y
PNBjr:sn
cc:James M.Ferguson III,Esq.
Melvin B.Bassi,Esq.,
Clyde 'G.Tempest,Esq.
\'
(
/,.'
Sincerely yours,'
BARNA
BARNA AND BARNA
ATTORNEYS AT LAw
SEVENTH a McKEAN AVENUE
DONORA,PENNSYLV~A15033
\.
PA.UL N.BARNA.
PA.UL N.BARNA,JR.
November 13,1973
Hon.P.Vincent Marino
Washington County Court House
W~shington,Pennsylvania 15301
Re:Estate of John Ofcharik
63-71-1092
Dear Judge Marino:
TELEPHONE
379-6800
November 1,1973,I wrote you pertaining to the
above estate in regard to the claim of Griff Jones against the
co-executor,John Ofcharik for different items allegedly removed
from the property that Mr.Jones purchased.
It has been reported to me that on November 10,1973,
Mr.Ofcharik did the following work at the premises in an attempt
to satisfy the claims of Mr.Jones:
1.The mirror was replaced on the back of the bathroom
door and another on the wall;
2.The shelves in the medicine chest were replaced;
3.The shelf along the back of the sink was replaced;
4.A new paper towel rack was purchased for the
bathroom;
5.The steel jack posts were reinstalled in the cellar;
6,.The pipe joints in the cellar were tightened where
they were leaking.
7.Replaced the beam and rail in the garage.
.'....Page 2.
8.Replaced the countertop on the hinges in the
kitchen about which there was a complaint.
9.In regard to the claim pertaining to damage done
to the kitchen sink caused by the removal of
Mr.Ofcharik's personal garbage disposal,
Mr.Ofcharik left parts that he had purchased to
repair this sink with the tennant.It is my
understanding that Mr.Ofcharik intended to
reconnect the sink after he moved,but was not
permitted by the new owner.
10.Mr.Ofcharik attempted to patch the hole in the
kitchen for the exhaust,but was prevented by
Mr.Jones.Mr.Jones claims that he wants the
stove hood replaced,but the Ofcharik's claim that
this hood was the personal property of Mr.Ofcharik's
wife.
I think most of the other matters complained of at the
hearing involved items that John Ofcharik and his wife claimed as
their personal property and not the property of the estate.
Sincerely yours,
BARNA AND BARNA
cc:James M.Ferguson
Melvin Bassi
Clyde Tempest
PNBjr:ns
,.
TUCKER,ARENSBERG &FERGUSON
1200 PITISBURGH NATIONAL BUILDING
PITTSBURGH.PENNSYLVANIA 15222
412-566-1212
GEORGE W.RiCHARDS.JR.
ROBERT D.FERGUSON
RICHARD B.TUCKER.JR.February 8,1974
CHARLES C.ARENSBERG
JAMES M.ARENSBERG
WILLIAM J.STALEY
BELA A.KARL.OWllZ
DONALD L VERY
EVERETT K.DILWORTH
JOHN P.PAPUGA
PETER J.KING
J.KENT CULLEY
HENRY S.POOL
COLEMAN J.BENEDiCT
The Honorable P.Vincent Marino
Judges'Chambers
Court of Common Pleas of
Washington County
Washing~on,Pennsylvania 15301
In re:The Estate of John M.Ofcharik,Sr.
Deceased --No.1092 of 1971
Dear Judge Marino:.
ALAN H.SPERUNG
DONALD P.ERIKSEN
JAMES M.FERGUSON.m
JOHN B.MONTGOMERY
GARY A.HOFFMAN
WILLIAM H.DICKEY.JR.
GARLAND H.MCADOO.JR.
BEVERLY A.GAZZA
COUNSEL
C.F.C.ARENSBERG
ELLA GRAUBART
F.J.TORRANCE BAKER
FRANK L WIEGAND
I was out of our office from January 17 to January 30.
Upon my return I discovered the objections to the claims of
petitioners filed by Mr.Barna on January 18,1974,in response
to the claims that I had raised in my brief in the'statement of
facts which were filed with the Court on December 14,1973.In
paragraph 4 of Mr.Barna's objections he states that no written
objections of the claimants involved had been filed with your
Court.To the best of my recollection,and I believe the record
of the hearing of May 26,1973 will confirm this,I asked the
Court at that time if the Court would wish me to file written
objections in,accordance with the claims that we had raised at
the hearing.It was my understanding that the Court stated in
the negative to that request and instructed me to continue with
the presentations of those claims.Also,both Mr.Barna and Mr.
Tempest did not object at that time to the presentation of those
claims and I,therefore,assumed that they had waived noti'<~e
and filing.thereof in light of the Court's position on that
matter.\
I,.therefore,reiterate the request contained in my
brief and statement of facts that these'claims be considered by
the Court and that an opinion or findings of fact be issued
with respect to these claims.I remain,
Very truly yours,
By
JMFIII;cs
TUCKER ARENS BERG &FERGUSON
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J~M.Ferguson III
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The HonorableP.Vincent Marino
Judges'Chambers
Court of Common Pleas of
Washington County
Washington,Pennsylvania 15301
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GEORGE W.RICHARDS,JR.
ROBERT O.FERGUSON
RICHARD B.TUCKER.JR.
CHARLES C.ARENSBERG
JAMES M.ARENSBERG
WILLIAM J.STALEY
BELA A.KARLOWITZ
DONALD L.VERY
EVERETr K.DILWORTH
JOHN P.PAPUGA
PETER J.KI NG
J.KENT CULLEY
HENRY S.POOL
COLEMAN J.BENEDICT
September 12,1974
DONALO P.ERIKSEN
JAMES M.FERGUSON.m
JOHN B.MONTGOMERY
GARY A.HOFFMAN
WILLIAM H.OICKEY.JR.
GARLANO H.MCADOO.JR.
BEVERLY A.GAZZA
COUNSEL
C.F.C.ARENSBERG
ELLA GRAUBART
F.J.TORRANCE BAKER
FRANK L.WIEGANO
Honorable Judge P.Vincent Marino
Judges Chambers
Court of Common Pleas of Washington County
Washington,Pennsylvania 15301
Dear Judge Marino:Estate of John F.M.Ofcharik,Sr.
No.1092 of 1971
My son,James M.Ferguson III appeared before you at a hearing
on May 23,1973 representing Rudolph G.Ofcharik,Mary Jane
Mundorff,Catherine Ofcharlk and Edward F.Ofcharik.The
estate had previously been audited before the Honorable Alexander
R.Curran.
The brothers .and sisters made certain claims at the Audit of the
Estate in Sep~ember of 1972.A summary of these proceedings in
a brief and memorandum of law were filed with you by James M.
Ferguson III in support of the claims against the estate and the
executor.As will appear from the record John F.Ofcharik as
one of the executors paid to himself the sum of $7,500.00 as an
advanced distribution of his own share of th~estate.He has not,
however,paid any advance ,distribution ~~~hi brothers and sisters
and the matter is before you awaiting yoJor.d~.Jision upon the c1'aims
which were heard at the hearing on May 23,1973.
We unde~stand that it was necessary for you to delay issuing an
opinion or findings of fact based on the testimony taken at the
hearing by reason of an illness,but that you anticipated being
able to decide the case by the middle of July,1974.The 'children
of the decedent are in need of the funds receivable 'from the'estate
of their father.
I would greatly appreciate it if you will let me know whether y.ou
will be able to decide the case within the next several we·eks.·
If not,perhaps we should seek to have another of the 'Washington
County judges assume this responsibility.'
TUCKER ARENS BERG &FERGUSON
Honorable P.Vincent Marino
September 12,1974
Page -2-
My son is not presently engaged in active practice as he has become
a Trust Officer with the bank and hence I am seeking to bring this
matter to a conclusion on behalf of his former clients.
Sincerely yours,
RDF/js
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HonorabLe Judge 'p~Vincent .Marino
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IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
No.1092 of 1971
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".IN RE:THE ESTATE OF
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JOHN M.OFCHARIK,SR.,
Deceased.
MEMORANDUM OF LAW IN SU~PORT OF
CLAIMS AGAINST ESTATE AND
EXECUTORS OF ESTATE BY TESTATE
HEIRS
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James M.Ferguson III,Esquire
TUCKER ARENSBERG Be FERGUSON-
1200 PITTSBURGH NATIONAL BUILDING
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IN THE COURT OF CO~10N PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:THE ESTATE OF )
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JOHN M.OFCHARIK,SR.,)No.1092 of 1971
)
Deceased.)
MEMORANDUM OF LAW IN SUPPORT OF
CLAIMS AGAINST ESTATE AND.·EXECUTORS
OF ESTATE BY TESTATE HEIRS'.','
AND NOW.'corne certain heirs of the Es tate of John M.
Ofcharik,Sr.,Deceased (Rudolph G.Ofcharik,Mary Jane [Ofcharik
Mundorff,Catherine Ofcharik,Edward F.Ofcharik)by their
counsel,James M.Ferguson III,and Tucker Arensberg &Ferguson,
and submit the following material in support of the above
heirs'claims against the Estate of John M.Ofcharik,Sr.
and the Executors of the Estate of John M.Ofcharik,Sr.:
BRIEF STATEMENT OF FACTS
John M.Ofcharik,Sr.died on April 24,1965 and
Letters Testamentary on his Estate were .granted on May 12,
1965 to Mary F.Ofcharik and John M.Ofcharik,Jr.as the
Executors of the Estate of John M.Ofcharik,Sr.An inventory
of the assets of the Estate was not filed until May 17,1968.
The inheritance tax return was subsequently filed on June
5,1968.A substantial .portion of the.assets.of the Estate
was the real estate owned by the decedent.One of the Executors
of the Estate,John M.Ofcharik,Jr.,occupied said real
estate until it was placed for sale on December 11,1971.
The real estate was ultimately sold to Griffith Jones who later
filed a claim against the Estate for damage to the real estate.
The First and Final Account was filed by the Executors on July
31,1972 and an Audit was held on September 11,1972.At the
time of the Audit,Mary Jane Mundorff on behalf of the
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aforemen~ioned brothers and sisters advised the court of certain
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claim's against.the Estate and the matter of the claim .of Griffith
~-Jones was dis~ussed.The Honorable Alexander R.Curran presided
at the Audit and requested that a hearing be established for
the taking of testimony on said claims.In March of 1973,
counsel for the within named heirs presented an Order to Judge
Curran which scheduled the hearing for April 16,1973.The hear-
ing was subsequently postponed.until May 23,1973.The Honorable
P.Vincent Marino presided over the hearing on May 23,1973 and
testimony was taken in regard to the following claims,among
others:
(1)Whether the Executors of the Estate should be
surcharged for the interest charges or penalties
that have accumulated with respect to the
inheritance tax assessed against the Estate by
the Commonwealth of Pennsylvania.
(2)Whether the claim of Mary Jane Mundorff in the
amount of $102.40 should be approved and paid by
the Estate.
(3)Whether the Executors'Commissions should be denie
for the delay and mismanagement in the administra-
tion of the Estate over a period of time
exceeding eight (8)years.
(4)Whether John M.Ofcharik,Jr.should reimburse
the Estate of his father for rent in a reasonable
amount for the period of time during which he
and his family enjoyed full and exclusive
possession of the real estate.
Following the hearing,Paul Barna,Jr.,Esq.,arranged
for the necessary repairs to be made to the real estate by John
M.Ofcharik,Jr.in full.satisfaction of the settlement of the
.;
-2-
claim as authorized by Judge Marino at the time of the hearing.
The above named heirs now request this Honorable Court to issue
an opinion and/or findings of fact based on the testimony taken
at the hearing on May 23,1973 with respect to the above-
mentioned issues and submit the following memorandum of law
in support of their position.
MEMORANDUM OF LAW
I.WHETHER THE EXECUTORS OF THE ESTATE SHOULD BE
SURCHARGED FOR THE INTEREST CHARGES OR PENALTIES
THAT HAVE ACCUMULATED',WITH RESPECT TO THE
INHERITANCE TAX ASSESSED AGAINST THE 'ESTATE BY THE
COMMONWEALTH OF PENNSYLVANIA.'
As previously stated,the inheritance tax return in the
Estate of John M.Ofcharik,Deceased was filed on June 5,1968,
more than three years after the death of Mr.Ofcharik.As set
forth in the Inheritance Tax Act of 1961,P.L.373 §701,72 P.S.
§2485-701,it is the duty of the personal representative to file
the inheritance tax return as to property.of the decedent
administered by him and such additional property which is or may
be subject to tax of which he shall have or acquire knowledge.
At the time of Mr.Ofcharik's death,the time allowed for the
filing of such return and the payment of tax was fifteen (15)
months after the date of death.The Executors did not file the
return until twenty-one months a'fter 'the'al'lowab'le time'!?eriod.
At the time the return was filed,the Commonwealth of
pennsylvania assessed tax against the Estate in the amount of
$95.83.In reviewing the First and Final Account filed on July
31,1972,there was no indication that any tax had ever been paid,
some seven years after the decedent's death and some four years
after the inheritance tax return was filed and the appraisement
reported by the Commonwealth.As provided in Section 717 of the
Inheritance Tax Act of 1961,P.L.373,72 P.S.2485-717,if the
tax is not paid before the date it becomes delinquent,interest
-3-
shall be charged at the rate of six (6)percent per annum and a
penalty may be imposed.It is our contention that the Executors
of the Estate,John M.Ofcharik,Jr.and Mary F.Ofcharik,by
reason of their carelessness,delays,and negligence,should be
surcharged for any interest and/or penalties that may be assessed
against the Estate by the Commonwealth of Pennsylvania.
The Courts of Pennsylvania have held in such a
situation that an executor will be surcharged with penalties
and interest imposed by reason of delay in paying the transfer
inheritance tax in the absence of proper evidence excusing
his negligence.Griffiths Estate,96 Pa.Super 242 (1929);
Jones Estate,400 Pa.545 (1960).It is submitted that no
testimony was presented at the hearing to explain or excuse
the failure to pay the tax imposed in this estate and therefore
the executors must be surcharged for any such penalties or
interest that may be assessed.It may have been suggested that
there were not sufficient monies in the estate to pay the
tax when it was assessed in 1968.Such a suggestion however,
finds no basis either in the record or in the returns that were
filed.The InventorY'that was filed in May of 1968 shows cash
or the receipt of cash in the total amount of $1,470.22.The
disbursements itemized in the Account that would have become due
or paid on or before this date only totals $406.32 (Administrati n
Expenses -$73.24,Preferred Debts -$143.60,Other Debts -
$189.48).Therefore such an excuse or explanation must be
deemed to be spurious and without foundation.It is to be
remembered that the funeral bill and florist bill as established
at the May 23 hearing were not in fact disbursements of the
estate,but were paid by individual family members and therefore
should not have,peen included in the account or reflected in the
disbursement section in said account.
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II.
,.
vvHETHERTHE CLAIM 'OF MARY JANE MUNDORFF IN THE
AMouNT OF $102.40 SHOULD BE APPROVED AND PAID
BY THE ESTATE.
At the time of the hearing on May 23,1973,Mary Jane
..(Ofcharik)Mundorff,a daughter of the decedent and an heir
of the estate,presented a petition for payment of expenses
incurred in the administration of her father's estate.Since
the date of her father's death,Mrs.Mundorff,at her own expense
and.at the urging of other brothers and sisters who do not reside
in Pennsylvania,has taken upon herself the burden of seeking
a fast and efficient administration of the estate and the
ultimate distribution of its assets.More than either of the
executors,she has been the moving force in hastening the
termination of the estate.In this regard,none of the heirs,
except for the executors,have ever been sent copies of the
papers filed in the estate or reports as to the progress of the
estate's administration.
In an effort to fill this void of information,Mrs.
Mundorff made numerous long distance calls to her brother in
North Carolina and her sister in California in addition to
numerous local calls,in an effort to keep them apprised of
the problems and progress of the estate's administration.She
is only requesting,however,reimbursement for the long distance
telephone calls in the total amount of $102.40.Such calls were
made only in an effort to compensate for the lack of notice and
information that was withheld by,the executors.If the
executors had performed'their duties and fulfilled their
responsibilities,such expenses would not have been necessary.
It is therefore submitted that the claim of $102.40
against the estate is proper and should be paid to Mrs.Mundorff
to reimburse her for her out-of-pocket expenses that were incurred
on behalf of the estate and for the benefit of its heirs.
-5-
III.WHETHER THE EXECUTOR'S COMMISSION SHOULD BE
DENIED FOR THE DELAY AND MISMANAGEMENT IN THE
ADMINISTRATION OF THE.ESTATE'5\jRR A PERIOD OF
TIME EXGEEDING EIGHT ca)'YEARS.;;
It is a well-established principle of law in Pennsyl-
vania that fiduciaries are awarded commissions as the reward
of faithful execution of the trust confided.As early as
~.;'hmannls Appe'al,5 Pa.413,the court stated that to compensate
sloth,ignorance,reckless confusion and procrastinating delay
in the administration would be to prevent the very object our
system has in view in allowing compensation to fiduciaries.See
also In re Feuss'Estat!,5 Erie 223 (1923)•.It is submitted..=4
in the case at hand that neither of the executors should
be awarded commissions for their efforts in the administration
of this estate.First,the estate had taken over seven years
to get to the point of an account being filed and an audit
held.Even when the account was filed,it contained errors as
to certain disbursements as discussed previously.It is
the normal duty of personal representatives to file accounts
within six months after the date of the advertisement of
the letters of administration.Had it not been for the efforts
of Mr.Barna,counsel for one of the Executors,it is unlikely
that the real estate would have been sold or an account filed.
There was nothing during the time between Mr.Ofcharik's
death and the time of filing the account that indicates that
ei~her of the Executors exerted any effort to proceed with
the rapid administration of the estate or to fulfill their
responsibilities.
In such situations the courts of Pennsylvania have
uniformly held that such actions should not be rewarded.Under
Seccction 401 of the Fiduciaries Act of 1949,P.L.512,it is
mandatory that a personal representative file an inventory
within three months of his appointment.As stated previously,
-6-
"
the inventory was not filed by the Executors in this estate
until after three years from the date of their appointment.
Similarly in In Re Branagans Estate,78 Montg 51 (1961)and
In re Burny Estate,11 Lebanon 1 (1965)the courts have held
that it is fundamentally the duty and responsibility of the
personal representative to liquidate the assets in the decedent's
estate,account therefore,and make prompt distribution.The
lack of zeal and fidelity with which the executors failed to
perform the trust placed in them is not only apparent from the
testimony of record,but also by their lack of any sustained
action over the past eight years.The fact that the
gence or,pre-planning on the part of the Executors.It was
testified to that neither of the executors ever appraised the
property or m~de any efforts to sell the real estate either by
themselves or in conjunction with a real estate agent.In fact
many of the heirs were rebuffed by Mr.Ofcharik when they
attempted to obtain information as to progress in the adminis-
tration of the estate.
In such circumstances evidencing inattention,the
use of 'an estate 'asset for personal benefit,a wilful disregard
of duties,and gross laches in filing an account,the courts have
d,Em~ed cori1pensation to executors.Inre'Steger's'Estate,11
Phil~158 (1876)"t.!.nangst'Estate,4 Fiduciary 315 (1954).Such
lack of diligence also manifested itself in the fact that when
the executors at the time of the Audit last September knew that
distribution wouLd be delayed,they f<:iled,~~-=-~.'fa;x_
investments of estate funds.See In Re Carson's Esta'te,14~..lt4k.lol>lll!lt'''''''~"*"Io*,,l~~~''~'''''''~_...,....
Fiduciary 420 (1964).Such failure to invest00mputed at the
annual'rate of 6%)has already cost the estate additional funds
(i.e.interest)in the approximate amount of $1,620.00.
-7-
.'
The record is therefore devoid of any indication
that either of the executors performed their duties in seeing
that the estate was properly managed in an efficient and
timely manner.In fact the record indicates that Mr.Ofcharik
handled the estate as though he was the only party in interest
and his co-executor never exerted her responsibilities until
very recently.
196 [1955];Tnre Faust's'Estate,364 Pa.529 [1950])and it
4 •••
.is submitted that such delays,procrastination,lack of dili-
gence,and non-fulfillment of their responsibilities should
not pe rewarded and that the c2..,~i~.~j()J1~,.r.t;S}:.~?,,~..l~~,~,\::r ~~r~~:~<;"F!;,~~,t::~,~::~,..,~~~.~.g~n.i.e~.
IV.WHETHER 'JOHN M.OFCHARIK,'JR'.SHOULD REIMBURSE THE
ESTATE OF HIS ,FATHER FOR RENTIN·A REASONABLE AMOUNT
FpR:THE PERIOD OF TIME DURING WUICH HE A~D HI S
FAMILY'ENJOYED FULL AND EXCLu'S'I'VE POSSESSION OF THEREAL'ES'rATE'.', ·.." , .
•4 C,
As indicated by the testimony presented at the hearing
on May 23,1973,John M.Ofcharik,Jr.lived on his father's
real estate and enjoyed full and exclusive possession of it from
shortly after his father's death up until the sale became final
in 1972.Even at the time of the sale to Mr.Griffith Jones,
there were difficulties experienced in removing John from the
property.During the time that John occupied the real estate,
he never made any effort to list the property for sale nor did
he pay any rent to the estate for the use and occupation of the
real estate.He treated this asset of the estate as one for his
own personal benefit and regarded himself as the only party in
interest.His efforts to discourage any disposition of said.
real estate during the last seven years even manifested itself
in his outright refusal to have the property appraised at the
request of other heirs of the estate.For these reasons it is
submitted that John M.Ofcharik,Jr.should pay to the estate a
-8-
....
I •
reasonable amount of rent for the use and possession of this
It is further submitted that a reasonable monthly rental for
the real estate in question would be $75.00.
Such a result is in conformity with the case law of
Pennsylvania on this subject.In Gatins Estate,159 Pa.Super
561 (1946),the court held in a similar situation that if a
beneficiary occupies real estate belonging 'to the decedent and
the fair rental value is deductible from his share,the amount
of his share is to be determined by the orphans court when the
estate is before it for adjudication.See also Link's Estate
(NO.1),319 Pa.513.To reach any other result would be to
unfairly penalize the other heirs of the estate for his failure
to pay his just obligations to the estate.Unfortunately in
this case,John M.Ofcharik,Jr.has received by way of an
advance distribution the bulk ($7,500.00)of his distributive
share of the estate.This distribution was the only one
made to any of the heirs of the estate.It is unlikely that
'an;t pa.rt of the dfstribution could now be recovered by the
estate.It is submitted,however,that if this Court should
deci.de that.rent is properly due and owing to the estate,,...
•
that this obligation be applied to reduce or exhaust any
further distributive share allocable to John M.Ofcharik,Jr.
Respectfully submitted"
Ja~1 til.Ferguson Q'II
TV9KER ARENS BERG &FERGUSONA~torneys for Rudolph G.Ofcharik,
Mary Jane (Ofcharik)Mundorff,
Catherine Ofcharik,Edward F.
Ofcharik
-9-
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TUCKER.ARENSBERG ~FERGUSON'
1200 PITTSBURGH NATIONAL BUILDING
/GEORGE W.RICHARDS.~R..
ROBERT D.FERGUSON .
RICHARD B.TUCKER.J
CHARLES C.ARENSBERG
JAMES M.ARENSBERG
WILLIAM J.STALEY
BELA A.KARLOWITZ
DONALD L.VERY
EVERETT K.DILWORTH
JOHN P.PAPUGA
PETER J.KING
J.KENT CULLEY
HENRY '5.POOL
COLEMAN J.BENEDICT
PITTSBURGH.PENNSYLVANIA 15222
412·566·1212
December 11,1973
ALAN H.SPERLING
DONALD P.ERIKSEN
JAMES M.FERGUSON.m
JOHN B.MONTGOMERY
GARY A.HOFFMAN
WILLIAM H.DICKEY,JR.
GARLAND H.MCADOO.JR.
COUNSEL
C.F.C.ARENSbERG
ELLA GRAUBART
F.J.TORRANCE BAKER
FRANK L.WIEGAND
The Honorable P.Vincent Marino
Judges'Chambers
Court of Conunon Pleas,..:'",'of
Washington County
Washington,Pennsylvania 15301
In re:The Estate of John M.Ofcharik,Sr.
Deceased --No.1092 of 1971
Dear Judge Marino:
Thank you fpr your letter of December 3,1973 concerning
the above Estate.As you may remember,I represent four heirs
of the above mentioned estate (Mary Jane [Ofcharik]Mundorff,
Rudolph G.Ofcharik,Catherine Ofcharik and Edward F.Ofcharik),
each of whom is to receive a one-fifteenth (1/15)share of their
father's estate.After I received your 1ettter,I conferred with
my clients as to what course of action they wished me to pursue.
They have asked that I request your Honorable Court to issue an
opinion with respect to certain matters that were raised at the
hearing last May 23,1973.The specific matters which they ask
the Court to decide are as follows:
1.Whether the Executors of the Estate should be
surcharged for the interest charges or penalties
that have accumulated with respect to the inheri-
tance tax assessed against the Estate by the
Commonwealth of Pennsylvania.
2.Whether the claim of Mary Jane Mundorff in the
amount of $102.40 s~ould be approved and paid
by the Estate.
(
'/
3.Whether the Executors'Commissions should be
denied for the delay and mismanagement in the
administration of the Estate over a period of
time exceeding eight (8)years.
TUCKER ARENSBERG &FERGUSON
The Honorable P.Vincent Marino
Page 2
December 11,1973
4.Whether John M.Ofcharik,Jr.should reimburse
the Estate of his father for rent in a reasonable
amount for the period of time during which he
and his family enjoyed full and exclusive
possession of the real estate.
As you will remember,the Court heard testimony regard-
ing these assertions during the hearing on May 23.I am also
taking the liberty of enclosing a Memorandum Brief in support of
these claims.If you require any additional information and
wish me to file any supplemental pleadings,would you please
contact me at your convenience.I remain,
Very truly yours,
TUCKER ARENS BERG &FERGUSON
By ~~~£CJ~M.Ferguson III
JMFIII:cs
Enclosure
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Porm No.RCC·62 (2·64)THIS FORM REQUIRED IN ALL ESTATES WITH GROSS ASSETS UNDER $10.000.UNDER SECTION 701 OF ACT OF JUNE 16.1961.
EFFE~IV~IAN:UARY 1.1962.(PILE IN DUPUCATE WITH COPY OP WILL ATTACHED)
OFFICE OF THE REGISTER OF WILLS .0JJ-~~.J
County of YJ:~~~~~~~<;>~.
:r1~~.Y..f.·..9.~<;p.cP;~~.~n4.~.ql!!l..~....Q~.~q.~.r:~~nfJ:r:~~:3:~;-9.~~.~<?~~~.~p',..~~~.~~Y.~Y~A~~.
(Name)(Addre!ll)
I
being duly §~QE_~.according to law,deposes and says that he is the_.._~_~~_C:_~_~_Q?;_~_
"(Exec.•Adm.•Legatee.Etc.)
John M.Ofcharik .R.D.#l,Monongahela,of the estate of...._.••whose last residence was _...__-----...•
(No.)(Street)
__...~_~TIg~Y1Y-?.DJ-~-.deceased,and that the whole of the estate of said decedent,who died b..p..!'Jl __2.4...__19_Q 5
(CitY.Borough or Township)(Date)
consisted of:
REAL PROPER:ry
REAL PROPERTY IN PENNSYLVANIA,WITH STATEMENT OF MORTGAGE ENCUMBRAN€ES UPON EACH PARCEL AT DEATH OF DECEDENT.
WHERE PROPERTY HEUl AS JOINT TENANT.OR TENANCY BY ENTIRETIES.GIVE NAMES.ADDRESSES AND RELATIONSHIP OF OTHER OWNERS.
Real Estate FIRST:
ate ~n
County,
SECOND:ALL that certain tract of 1a d situate
Estimated
Value
Carroll Township,Washington County,Pennsylvania,containing
above named Decedent by Deed dated June 4,~949,and recorded
Pennsylvania,in Deed Book Vol.755,Page 569
Total Value of Real Estate
2.Equitable Life Insurance Disability Policy$443.50
P~rsonalProperty
1.Bank De osit Western Penns lvania National Bank
1,825.2~.
614.33
150.00
$205.00
$84.00
$"64.43 "
$263.96
$1,825.22
ment
erty
Total Value of Personal Prop-
7.Farm machinery and miscellaneous equi -
5.U.S.Steel Pension Check
6.One (1)1955 Chevrolet Station Wa on
3.U.S.Steel Cor oration Vacation Pa
4.Continental Insurance Pension
Monongahela,Pennsylvania
NOTE:You may expedite the processing of this return by filing with it,and as a part of the return,
letters from financial institutions or mortgage holders,certifying to amounts on deposit or owed by the
decedent as of the date of death.Such letters must be signed by a responsible officer of the financial
institution or mortgage holder and indicate clearly amounts of principal and interest in the decedent's
account at the date of death and the type of account,account number and the exact nam~or names in
which the account is registered.' \
_~T__---;;-______•__,-,
Jointly Held Property Estimated
Value
"NONE""..\:-'\~-
Transfers within TWO YEARS Prior to Death
..
"NONE"
,
That at the time of death there was no safe deposit box registered ih decedent's individual name,or jointly wit~,or as agent or deputy of
another,or in decedent's individual name,with right of access by another as agent or deputy,with the exception of the following:-
NAME AND ADDRESS OF BANK OR OTHER INSTITUTION THIS SAFE DEPOSIT BOX RENTED RELATIONSHIP OF JOINT
IN WHICH DECEDENT RENTED A SAFE DEPOSIT BOX IN NAME OR NAMES OF HOLDERS TO DECEDENT
"NONE"
BENEFICIARIES
BENEFICIARIES AND ADDRESSES
RELATIONSHIP SURVIVED AGE OF LIFE
(If step-children or DECEDENT TENANTS OR INTEREST OF
(State full names of all and their addresses who have illegitimate children STATE YES ANNUITANTS BENEFICIARY
an interest,vested,contingentor otherwise,in estate.)are involved,set OR NO AT DEATH OF IN ESTATE
forth this fact.)DECEDENT
Mary F.Ofcharik Wife Yes --One-third
181 Hig1:l1and Terrace.._.
_,Donora,Pennsylvania-15033 ..
---.-.--..,
Catherine Ofcharik
San Fernando Valley
12066 Foothill BAd.
California
Daughter yes One-fifteenth
Greensburg,Pa.
---------'.---....-._,-.-----,---~...._--Edward F.Ofcharik
H.Q.CO.Second Bn.
509 .Infantry -'Battalion
APO New York,New York 09185 Son Yes --One-fifteenth
Emma Fedorchak
1528 Armstrong Drive
Fisher Hgts.,Monong~HgIa,Pa.Daughter Yes --One-fifteenth
Mary Jane Ofcharik a/k/a
Mary Jane Mundorff Daughter Yes --One-fifteenth
522 New Market Dr.
-~----'-~--.-~-_._---~-----_.~-_.-._---
RESIDENT ~DECEDENT DEBTS AND DEDUCTIONS CLAIMED/.
NOTE'tist first five items in the spaces so 'provided observe notations thereon and instructions./,,
#DEBT OR CLAIM NATURE OF SAME AMOUNT THIS COLUMN
iKEGISTER ONLY
Funeral expenses paid $$
Family exemption (will not be allowed unless
decedent died residing with a spouse or children.)
Administration Expenses *
Counsel fees *
Fiduciary commission *
OTHER DEBTS AND CLAIMS
(*)See Note below
(See Debts and Deduction~filed herewith)II
I
1
0
I
0 II
I
Total
P.O.Box 183
•••••••••••••••••••••••••••••••••••••••••••••0 ••••(Street Nu.,mber).r __."
...11~t:l~~.g~~.~~.~.o'"g~.t:l~~1~Y~~.~.~o.0 ••••
(City or Town arid State)
6B....0'19.0 ..
Subscribed and sworn to before me
Note:The estate agrees to advise the Register of Wills if the amount actually paid in settlement of any fee,·commission 01'debt is greater
or less than the estimated amount claimed and allowed..
lid......................
.•'11,'...\1,I.I',...:...'...•\.-~-
,•,"'t I ..J ~
..~~~:~g.b:'~d~'Y,:~:£~::::~.Id~)2~~~t .tb~~bO~~~pp:a,~~:~~;~?;n "nf"m~'aw on th;,
.../:?,/../r!!:....~4~Z'.-.~....o~~••~.c~7'~;;:':'"APpr~··
In the event that any future interest in this estate is transferred in possession or enjoyment to ~al heirs of the decedent after the
expiration of any estate for life or for years,the Commonwealth hereby expressly l'eserves the right to appraise and assess transfer 'inheri-
tance taxes at the lawful collateral rate on any such future interest..,._
.
EGISTER OF WILLS
I,the undersigned duly elected Register of Wills in and fo ...~4-ZZ..""-'~"County,Pennsylvania,do respectfully
report th0laIhavallowed debts and deductions in the am9 nts claimed by deponent;",cept as to those items where a greater or lesser amount
is set forth in e st column to the right in said schedule above,which greater otfesser amount represents the sum allowed as'a deduction..~
Dated:e.--/.~4'..>-S::;:/.f?6~...........-.
Register of Wills
,v/
•./'-'
~.7
Form No.RCC·62 (2·64)
WillAdministration INo Year .
IN THE
'"-.......,.,J
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-0
c';\~-.-0'o':,"~-~'
l
MATTER OF THE APPRAISEMENT
OF THE
ESTATE OF
JOHN M.•OFCHARIK.......................................
Peceased
Late of .G~F~q~.l~.r9.~.s.4:!-p .
County of .W.q$h.i.ngt.QJ;l .
C()~oJlwealth of Pennsylvania
REPORT AND APPRAISAL
(;
'-."/d
<~;i/:i...':'~'.;~;'"
··.·I:I'IIC'q.I:~~.':,.•-r-
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S11/111 .:10 H3.LS/83CJ
ONI<JV/N lT3SSnu
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If :11 Nd
L t At~'V[;EJBI
T~~B&Tf &j,SIMMONS~ir.nlJ11 I .;,~.:,-.T LAW
SECOND Al~D '-.-il .:5 STS.
MONONGAHELA,1-'A.
____"-'-'--_L.._.
Form RC C'·10·. •
OFFICE OF THE
REGISTER OF WILLS
OF Washington COUNTY
STATEMENT OF DEBTS
AND DEDUCTIONS
•DEDUCTIONS ALLOWED IN J
THE SUM OF ..••....,.••$"'~"'~~~"Z?
DATE12-=et::!:
.~'III'Ag..nt
LATE OF Carroll Township ,PennsylvaniaESTATEOFJohnM.Ofcharik
DATE OF FILING APPRAISEMENT _...s..t:.£....-~~~-..I.<c:::<J;£~__.DATS 01'DEATH ..;A_pio--r.....;i_1_2_4;."o,~1..;9;...6,;,..5~_
DECEASED.AS DEDUCTIONS FORADMINISTRATIONSUBMI.TTEO TO THE ESTATE OF John M.Ofchar1.k
INHERITANCE TAX PURPOSES.
"~LJ _
UBSCiUB.,ED BEFORE ME THIS /,P.-t'CAY~.ar~~ic:~aJ.JJ~~-._~_'(L'5.1~~~~:""""'------..--_.)eiL.~~.~_~!i_4lt~{L.S.)on .'~a ,~.
GLORIA RICCI,NOTARY PUBLIC .
MONON8AHElA,WASHINGTON COUNTY
MY COMMISSION EXPIRES JUNE 16,1969
DATE NO,OF NAM&:OF PAYEE REMARKS AMOUNTVOUCH.-"
l'j{»)
May 8 3994 Josephine M.Douglas Probate of Will 31 DO
21 Bebout &Yohe Co.Ambulance Service 10 DO
21 Daily Republican Funeral Notice 2 DO
21 Va11ev Indeoendent Funeral Notice 1 80
?l!.Rocco's Flower Shop Funeral Flowers 34 65
June 8 102 Bell Telephone Co.Funeral Arrangements 50 80
R 101 'Rus~e11 Marino County Tax 36 24
8 101 Peter Gallick Township Road Tax 19 09
23 4166 Josephine M.Douglas Short Certificates 2 00
23 4200 Washington Countv Reports Advertising Estate 10 00
23 Dailv Renublican Advertising Estate 8 00
July 22 Francis C.Slezak Funeral Bill 1,0]5 00
25 Dr.Howard Gadd Final Medical Bill 21 00
25 106 St.Dominic's Cemetery Grave &Funeral Services 120 00
25 Dr.Jerome H.Aarons Final Medical Bill 48 00
25 107 Bell Telephone Co.Final Telephone Bill 19 99
Nov 1 lOR .,...~.qll;ck School Taxes -1965 104 16
Tempest &Sirmnons Attorney fees 250 00
Marv F.Ofcharik Executor's cormnission 125 00
John M.Ofcharik.Jr.Executor's commission 125 00
Tota Debts &Deductions $2,033 73 -
COMMONWEAL.TH OF PENNSYLVANIA
}SS:COUNTY OF Washington
I.Mary F.Ofcharik and John M.Ofcharik,Jr.
HEREBY CERTIFY.THAT.TO THE BEaT OF
....y KNOWLI!:OGE AND BELIEF.THE FOREGOING IS A JUST AND TRU E ST TEM~T OF DEBTS,FUNERAL EXPENSES AND EXPENSU OF
"
•
;...r,r,
=b 8j
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.h:'C,)e;:---(.I)'"~y(.1)(.1);:;:,.,.,
i""'"'-..:::0;:::
'J r--$;">:h
~rr;~.:tJj;:;;:......1"-0
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........
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RCC-S\(2-641
.COMMONWEALTH OF PENNSYLVANJA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
INHERITANCE TAX DIVISION IN YOUR REPLY PLEAIE
REFIER TO .36-110-4
,J
NOTICE OF FILING OF APPRAISEMENT
'(Executor ~)'
MIRY F.OFCHARIK'&JOHN M.OFCHARIK,JR.
In Re:Estate of --.:!.J~O~HN~M:.:,~QF::...:C~HA=R:.::I~K'____
_______W:.:.:AS=H:.=I::.:N::::.G.:.TO::.:N~-----County -File No.9139-167
You are hereby notified that the ~O~r.L~·g~in~al~__
appraisement in the estate of John M.Ofcharik
has ,been filed in the office of the Register of Wills Qf Washington
County on June 5 ,19-2§.Said appraisement reflects the
following valuations:
Real Es tate =-5L.,0::-:0::-:0:-;,-:=0:-::::0 _
Personal Property -=1~,~8~2~5~.2~2~__
Transfers ~~."....,.,..~,...----
Total -.,......_~6:U.~8:::::.2.t..5~,2:::2=-__
As to such ~ax that is paid within three months ,from date of
death,a five (5%)percent discount is allowable.As to any ~ax that
remains unpaid after one year from date of death,interest at the'rate
of six (6%)percent per annum is charged.
Any party in interest who is aggrieved by an appraisement may
appeal therefrom as provided by law.
Dat e ......rJ,I.1ln.unJ::le--;l5~,_J~9:;zJ6UJ8c......_Signed4JA?'~e ?j;~
Title W,R,CHANEY.~APPRAISER
DATE OF DEATH:April 24,1965
Note:This is not a bill .
.r:
II
!'!CC~:?;(,,6-64)II.at'IrO\li'ALTH Of P.~NN~YINANT:\"--·-·
T~\AN~FF.n INHER~TANCE TAX
ii~~SIDENT DECEDRNTII
OFCHARIK,JOHN M.
FILE #9139:"167
April 24,1965
SUMMARY
--.---.
FILE.#9139-167
I ~the ~nrrersigned
#63 Washington
TmpOrt'!'OF INHERITAtiCF.TAX APPRAISER
duly appointed Inheritanc~Tax Appraiser in and for the County of
,Pennsylvania,do respectfully report that I have appraised
property as reported in the foregoing return at the values set forth
the last column to the right in Schedules "A","8","C"and "E".
~~.~~=---=--..:..=='~~~APPR:IS~~-04...24-65
06-05-68
the real andlpersonal
opposite eacp item in
I.
II
[IDated:
II
:1
1
,•REPORT OF THE REGISTER OF WILLS'"
I,the ~ndersigned duly elected Register of Wills in and for Washington
County,Pennl~Ylvania,do'respectfuny report that I have allowed deductions in the amounts
claimed b;y de:ponent,~xcept as to those items where a greater or lesser amount is set forth
in the last I:column to the right in Schedule "F",which greater or lesser amount represents
the sum alloliil~ed as a deductioG.I:J~A1~.
Dated:06-05-68 ~
REGISTER OF WILLS
VALUE AS REPORTED VALUE AS APPRAISED VALUE AS REAPPRAISED
$3,500~00.$5,000.00 $___
1,825.22._1,825.22
II
INVENTORY
Real Property (Schedule A)IIPersonalPr0perty (Schedule B)IITransfers(Schedule C).IIJoint-Held Property (Schedule E)IiTOTALGROSS ASSETS
LESS Debts ~nd Deductions
I(SCHEDIjLE F)
CLEAR VALUE I OF ESTATE
I,,t
5,325.22._
2,033.73:=
3,291.4.<2._
6,825.22
2,033.73 ._
4,791.49
======:=
Valuation of life estates or:1annuities.III $------
ESTATE
IIII
T.U IASSESSMENTS
I
:1
$------
$------
CO~WUTATION OF TAX
*------
$======1=
~--------
$------
As evidenced by Charitable Exemption
Certificates issued by the Secretary
of Revenue.
*-------
*-------
$------$
TOTAL TAX BALANCE
PAID .
$-----
*=====~=*------
iiFORUSEOFIREGISTER ONLY
Tax on $I:;__5%$_
Tax on $.__10%~_
Tax on $4.791.49.~$__~9.£.5.:..::8=..!3:.-
T ax on $:1 .__Hi%$__-:-_
Exemptions 'I :=(:::)
Total Estate '
Ii TOTAL TAX
Less tax previously paid
'I
II BALANCE
Less 5%of~tax .if paid within
3 months after death
BALANCE OFII INHERITANCE TAX DUE
Add.intere§tat rate of 6%fromI'•
,!to
AMOUNT OF ESTATE TAX ASSESSEDIIEstatetaxllpaid
":1 BALAN CE DUE
Add interest at rate of 6%fromii____-+I!_to _
FOR USE O~REGISTER ONLY ADJUSTMENTS
NOTE:Where subsequent adjustments are made to the above computation of tax by theIInegisterofWills,for proper reason,same should be noted below,with short
exnlanation.
"I
Will
Administration t No Year .
P.Il THE
--------------------
:\11\TTER OF THE APPRAISEMENT
OF THE
EST.\TE OF
..................~Ol:I.1'l.}1~...QfGCIAR):I\.
Deceased
Late of CARROLL TWP •.....
County of .....................WM3.CII..N.G'r.QN .
.\..:,.\,:-~.
Commonwealth of Pennsylvania
REPORT AND APPRAISAL
'.
p
..
.......
DD'llRTMENT 'OF REVENUE..-/
BUREAU OF COUNTY COLLECTIONS
HARRISBURG.PENNA.17127
COMMONWEALTH OF PENNSYLVANIA...."
RESIDENT INHERITANCE TAX
APPRAISEMENT
DATE ~.~~?J.~.9.§..?..
COUNTY W.?:.~.h~.~.~Q.!!..
FILE NO...9.+.;,.9::+.9.7 ..
Whereas..J.Qhn M '01'.c.har..i.k late of c.~;r.r..9.;U !wP.L ..
in the County of Wa.~hingt.on Commonwealth of Pennsylvania.having died on
the ?4 t.D day of A.Pr..~+.>19 ~.?seized and possessed of an estate
subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania;
Therefore,I,.xW.c;~w.:,.l~.,.Cb.C!,l1~y:,an appraiser duly appointed according to law.
having been designated to make a fair and conscionable appraisement of the said estate,and to assess and fix
the cash value of all annuities and life estates growing out of said estate.hereby file the following appraisement:
In the event that any future interest in this estate is transferred in possession or enjoyment to collateral heirs of the decedent after
the expiration of any estate for life or for years,the Commonwealth hereby expressly reserves the right to appraise and assess transfer
inheritance taxes at the lawful collateral rate on any such future interest.
Unit ApprallementDelcrlptlonofAlletValuelMadeforInheritanceTaxPurpolel
$i
REALTY:
As per appraisement filed 5,000 00
PERSONALTY:
As per appraisement filed 1,825 22
TRANSFERS:
NONE NONE II
I I
IJT.HELD:..I..I
NONE NONE
'I'n+..llIl {.,~2t;22 I
,..
,
:W.A~.H.+.NG.+.'QN..County
""",,-'
RESIDENT INHERITANCE TAX APPRAISEMENT
Estate of
.......................J.'OHN M.~'OF.C.HARIK...
Deceased.
Late of
..............................9.¥~Ql:J..'1.'WP..!..
Date of Death,AP!.~.~?4.,L..+..9.§.2 .
Appraisemel!t Docket Vol.36,:~.
Page,ll~4.No 913.9~~67 .
Filed in Register's Office,~~~.5..,........J9.Q.$....
Amount of tax due,$_..__.._..
DEPARTMENT OF REVENUE
."
•
Received,.....__.•....................____..____.._.____-_..__.
j
Examined and Approved,.
Wrote abo.llt Appra-isement,
Appeal ft'Om Appraisement,..
Entered and charged,..
,.
(.;
I.'
"
,
"
.".,..
Jfl.~·..Jt.-II~."d."101,;'\T..:.-..J,.-:<.,..'..,
REPORTING CREDIT UNION
Irvin Works ':~
--------~:-,~..~_>_-_-__-_~~oWi~cil~@iN!~:aali-_~'2it'lre~tl"'jt.....+yfot'l(ft-l'ft~...,y.,...--.•-,.......-~-,,"-,..~-.~_-..-...~~~~U~ION ',1
ADDRESS .,P'T._O_._B-;o_x_87-:8::.---:"{~~---------_+_-
Dravosburg,P~',15034 L.'::',
------------..;.-:7~,.:;-----~~
NAME OF DECEASED,_~JOb~DL.JH~.~OfCloI.iU:haQl,.,Io4AJc ____l::V~__-r-_
RCRI-43
."....
./
~-
REPORT FORM d0,Report form should be completed and three copies mailed within te:'d~YS
\ing knowledge of the ~eath ~f account owner to:I.:'I
t,.'Pennsylvania Department of Revenue ."
f "Inh~rUa.p.c.e Tax Division .I
..'r-Finance Building 0 /3 9-/t 7,~~!;~,..Harrisburg,Pennsylvania 7 "./0'1.11
'I_~¢-t..s "
Pursuant to Section 10Ie.,Pennsylvania T~ansfer.InheritanceTax Act of Jun~20,1919,
P.L.521 ,as re-enacted and amende4,we herewith submit the following report:~.i.'r,'
1
"
ADDRESS BOX 183 .,Hpn~.',hOOP"
'NAMES OF OWNERS OF ACCOUNT(S),INCLUDING DECEASED,AS THEY APPEAR ON "
THE INDIVIDUAL SHARE AND LOAN LEDGER ''of'.':,'.
•I,~'.i'•.-,,.•
" I
,I --~..-......L..,i~.._..-..............~.......-.;......""1 ;'.-"~_'"...,
son
ADDRESS am:1B3
REIATION TO DECEASED----.::;;=.-:.--'------------------"....;•l 1--'.."NAME --:---_
.'
I'.f
\
ADDRESS,~,",__.:'. •
.+~...r~~t~I L "'?l~UTroNTODECEUED.__~~~------~--~------~,·'·~-~~
'....'.~
,iF TRUST ACCOUNT,CHECK THE APPROPRIATE BLOCK to INDICATE WHOSE FUNDS ':
0 -.ARE IN THE ACCOUNT 0,,D~C~ED.(. )SURVlVORS ( ).'_',.'.' ..:1
lUr:21 J966,f (J;';1.>1 ,~'","s/;(jz:;J{J .',!&-'0 ~'.:,\'"'\I ',"-Tr~:~surer
~:'7Q",,~~~~,;'"::';~':~~":,,:;'i ~i"'.'
MONONGAtlEl,l,PENNSYLVANIA
TO:__~J....,.O_H",-N_M-:-••_OF.CH_.!_·~_AR_IK_I_.lR_.'_e __
SOX 183
OFFICIAL NOTICE OF INHERITANCE TAX
APPRAISEMENT AND·ASSESSMENT OF
ASSETS NOT SUBJECT TO ADMINISTRATION
Date:__--:May-:-::.-:;:;'70?;.:'iJm'1':l'nF _
WASP-INMoN
County --~~~';7;;_~_;;;;;:_-9139-167 UIUtP
County File No._~~__=~-----
Bureau File No.913 q.../~7
,We ha~e,d ~o~ce 6~t,as a resul!of the deat~of .~1OtJN }.t~OFCH~IK .
on,~,4 19__,you came Into ownershIp of certain property through right of survivorship,which
was formerly owned by the decedent.','.
RcCJr
COMMONWEALTH OF PENNSYLVANIA
-DEPARTMENT OF REVENUE
BOREAU OF COUNTY COLLECTIONS
INHERITANCE TAX DIVISION
Under the Inheritance and Estate Tax Laws of the Commonwealth of Pennsylvania such transfers are taxable
and the liability for the payment of the inheritance tax due is imposed upon you,as transferee.
The Q.rQ.pe.rty on.which tg.xjs h~reby ctS.s.ess.etl CQltS.L.·~s.ts~Jo~nt !-!C~./13S5 held in t.'1c IRVIN WORmFEDERALCREDITUtilUI'f,'P'.O.BUA 078,VMVU,;,~;l'El!CXmiA:.lh :m the UIDlS9 or
JOHN }1.OFCHARIK or JCHN M"OFCHARIK,JR.Opened rqay 24,1943.llM1wre;as of oab!
or de*,tn $J.,002.48
._--_.--1,802.48
appraised by the Commonwealth,as of 'the date of deat~at $_,0 %of this amount is taxable at the rate of %
ORIGINAL ASSESSMENT AMENDED ASSESSMENT
DATE OF ASSESSMENT
TAXABLE AMOUNT
LESS:ALLOWED DEBTS
NET TAXABLE AMOUNT
901.24$---_..:..-_-$--------
AMOUNT OF TAX DUE
o If you pay the above amount within three (3)months
,of the date of death of the decedent,or on or
before 19,you may deduct a
disco.unt of 5%of.the amount of tax due,or -----------
o This tax ,became delinquent one year after the date
of death of the decedent and,in addition to the
tax,statutory interest at the rate of 6%~f the tax
,per annum is also due as of *JUne 24
19 66 in the amount of .18----------
*If the tax is not paid by the above date additional
interest is due at the rote of 6%per annum unti I
paid .
TOTAL AMOUNT DUE
APPR AISED BY:---,..=.l.c.L.:::.~~=~=::..--
INSTRUCTIONS TO TAXPAYERS
Make checks or money orders payable to:To insure proper credit to your account
this Officig!,Notice must accompany
your paymen.t.Mai I or bring it to:
~~~~10
AGENT fOR THE COMMONWEAL rtf
COURT HOUSE
WASHINGTON,PENNSYLVANIA
(
If you have already paid this tax to an executor,administrator,attorney or other personal representativ ,th&
decedent for .forwarding to the Commonwealth,list below the date pai,d,name and address oj t~e R,~rson to whom
you made payment,their official title',and the amo~nt ".....
•••••.'..C>~..
Date Paid
I'r.'•
. '',Name and Address of P~yee Official Title Amount Paid
Under certain circumstances,if,after the date of death of the decedent,you personally pai~funeral expenses
or other just debts of the decedent,with funds derived from the property herein taxed,such amounts expended
by you may qualify as deductions against the gross value of the property in the computation of tax due.If any
such expenditures meet all'of the three following tests,it is recommended that you itemize the payments below,
execute the affidavit,'and return this notice.The Register of Wills will examine the debts claimed and allow
those which he determines to be proper.The tax will then be recomputed and you will receive an amended
assessmen'of tax.
THE THREE TESTS WHICH MUST BE MET ARE THAT:
1 -You were persoricillylegally responsible for these'debts,and
\'
2-You actually paid these debts out of the account or.pr~perty described above and can furnish proof
of such payment,if required,and
3-These same debts are not also claimed,for tax purposes,by an executor,administrotor or other
person,al representative of the decedent handling the administration of the general estat,e of the
decedent or any othertrcinsferee.
:• 0..,
Date Paid Name of Payee'
,------------t------....,.---t
TOTAL $
(attach separate sheet if requ ired)
'.
COMMONWEAI,.:rH OF PENNSYLVA1iHA)
SS:
,,COUNTY Of_.,..--)
~,
I,,..'..he;eby certify that the fore,going is a'just and true statement of
funeral expenses and other debts,of the decedent,_.,,for which I
was legally responsible and which I did payout of the property herein taxed.I further certify,that to the
best of my knowledge and bel ief,these same'debts will not be ,claimed by any other person,for inheritance
tax purposes.., ..'•;
SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF,"19_____
Signature of Taxpayer
REPORT OF REGISTER OF WILLS
I,the undersigned,duly elected Register of Wills in and for the above county,do respectfully report that I
have allowed deductions listed above in the total amount of $--------0,...Date of Approval:_
,Register of Wi lis
DEPARTMENT OF REVENUE
~.
.BUREAU OF COUNTY COLLECTIONS
HARRISBURG.PENNA.J7 J27
COMMONWEALTH OF PENNSYLVANIA
RESIDENT INHERITANCE TAX
APPRAISEMENT"
DATE ".!l.W}~.:J..".J.9.§..~.
COUNTY !.!.~.~..~~.~~.?~..
FILE NO 9.J.J...9::l9.7..
Whereas..~.QbP.M~Q:f..9.h.~.r.~.~late of ~?~??~~.~~.~~.
in the County of Wa§hingt.Qn Commonwealth of Pennsylvania.having died on
the ?.4 t.h day of AprJl 19 9.5.seized and possessed of an estate
subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania;
Therefore.I ,W.~R!G.h.9P.:~y.,an appraiser duly appointed according to law.
having been designated to make a fair and conscionable appraisement of the said estate.and to assess and fix
the cash value of all annuities and life estates growing out of said estate.hereby file the following appraisement:
In the event that any future interest in this estate is transferred in possession or enjoyment to collateral heirs of the decedent after
the expiration of any estate for Ufe or for years,the Commonwealth hereby expressly reserves the right to appraise and assess transfer
inheritance taxes at the lawful collateral rate on any such future interest.
Unit AppraisementDescriptionofAlletValuelMadeforInherltence
Tex Purpolel
$
JT.HELD:
Joint Account held in the Irvin Works Federal
Credit Union,P.O.BOX 878,Dravosburg,
Pennsylvania in the names of John M.Ofcharik
or John M.Ofcharik,Jr.901 24
I
I
i
Total 901 24
I
I
Having been duly sworn according to law.I do hereby certify that the above appraisement is made in~n-
formity mth law on thjsJ.~day of ~:~"~~~~;~,~.
(Number and Street)
..........W.!!!?.h~.g:~.~.............................................................................................Penna.
,IPost OlBee)
i
i
I
RESIDENT INHERITANCE TAX APPRAllSEMENT
Estate of
JOHN M.OFCHARIK...........................................................................................................................
Deceased.
Late of
MONONGAHELA
Date of Death,!\..prJJ ~.,~.9.~.
Appraisement Docket Vol.,..
Page,No...9..l.:J..9.:::-.~.9.7 .
Filed in Register's Office,~~.~?..?19A9..
Amount of tax due,$:..
DEPARTMENT OF REVENUE
Received,
Ex-a.mined and Approved,..
Wrote abo.Ht Appra.isement,
Appeal f1'om Appraisement,..
Entered and charged,'.
\
.'
~
.'
/
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNA.
-0 jrI.'"''
/...)
In the matter of :b~e Audit of Account filed in the Estate of
36-110-4Docket
\Date of death April 24,19f5
(NO.1092 of-l9.ll,_.Term,19__0 A.A.
I
)DeceasedJohnM.Ofcharik,
TO THE AUDITING JUDGE:
Enter my 'appearance for the Commonweal'th of PennsylVlama,cl aiming tl'ansfer inheritance tax in the above estate,as follows:
DR.
To appraised V1alue.of Estate:Realty $_...;5::..c,!...:0:..;0:..;0:..;.:..;O:..;0:...-. _
Personalty_~_$_·_1_,_8_2_5_._2_2 _
Additiorual Assets pe~Account,Subject 'to Tax _-$_
Additionall Assets per Audit,Subject to '.l1ax ~._$_
GROSS VALUE _:,_$..,..--_6...:..,_82_5_•._2_2 _
$---6-,.9,Jlt!46u-.•...uO~5------
$---!6~3!..L.O!!.-"O
$l,OOO.~Q
$102.40------'--
$-------
$--------
CR.
Debts and Expenses per Account;see Note
Audit Costs
Family Exemption
C~m allowed at audit
Additiorual Debts and Expenses per Audit
l
)$-41.65.40
$,--
TOTAL DEDUCTIONS,$~1.4,S
NOTE:The follow,ing credits claimed in the Account are
held not deductible a'S against the tax:
Pro Rated 1971 R.E.Taxes 213.03
CALCULATION
Gross Vadue ---.6..Jl2S!.A022 .-,_
Less Deductions _..-1.,.8.9.8u~.4",-2~.----
Clear VaJue ......,.-lDs.alveftt
)---
!Tax·,
able
a't
2%
-213.03·
7,898.42 .
8,111.45
---------------_._-
__1,_
able (
a't '.---
15%)--'--_
$-------
$-_._----
Balance __-........................$
Less amount previously pa[d :,......$
Interest__yrs.·__mos._-days @ __%-.--$_
TAX PAID ON ACCOUNT
$--'--------
$..,,---_._--
$------
$-------
$-'---------
Total Tax :____._.$l!',n nn----,,).u....u.u.._
·to
TOTAL TAX AND INTEREST DUE_._-----.-..----...$ _
003:'113::lJ0:I-
c..o
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Z m
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.......
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rn
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ESTATE OF1:--:.,;,.;!!.Jll!Joh!:!!ni!......!JM~•...-lO~f~c<.!!hL!<!ar.!:.-i:!:!k~.I---!£D~ec!!O:l'e"-!:ae.Bs~e~d__--:-_,I
DEBTS &DEDUCTIONS FORM'-AMOUNT CLAIMEDI!.
LESS ITEMS:DISALLOWED:,.
Ii:i .
ADJUSTMENTS -FILE NO.i'I
63-71-1092 "
$2,033.73
RUSSELL 'MARINO,REGISTER OF WILLS.
".
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"!"
"'.Ii
BALANCE .:[
ADDITIONA:~DEDUCTIONS -ACCOUNT &AUDIT
'I
ii
AUdit!1 Costs'&AdvertisinL-
11 ~---~--
,I"II'Mary J~n~Mundorff -Claim ataudf:t
,II'ilAdministration ExpensesII•
II
II
",Addltion~l Attorney fees
Ii
1,1
Additional Executor's Commission
'I .
IIExpenses11-Sale of Realty
H
Ii
Family E*emption
II
11Ii·
:1
II.ii •TOTAL ALLOWABLE DEDUCTIONSI:•
!I
:1I,
II
March S,I!197S
$----
$;.;...,----
$-----
$,.------
$---_....:...
$__'..x63l1<.J1""'0.",0__
$__10-,-2-,-._40~_
$.35.50-----
$'2.250.00
$1.503-.76
$906.03
$:1.000.00
$-----
$------
$5.860.69
$7,894.42
By:--------,--------------
...'~.
--".
-~.U ~-_..
l.J)C.n :::.n _--
'-1/0 c.f)~1·1 .d'\,.~:;:~;;.
1
r-tJ --S?-//tJ-'I
COpy OF INVENTORY .
Notary Public
Mary P.Ofcharik and John M.Ofcharik,Jr.
t yare
John M.Ofcharik,
John M.Ofcharik
66
lInntntnry aub !\,p,praistmtllt of the goods and chattels,rights and credits which were
John M.Ofcharik Carroll Township,
of · · ······..···..·..·····..········ ··[ate of..
Washington County,Pa.,taken and made in conformity with the abrroe affidavit.
DOLLARS CENTS
REAL ESTATE:
FIRST:ALL,those two (2)certain parcels of land
situate'in Carroll Township,Washington County,Pennsyl-
vania,containing 4.21 acres,and 10.65 acres,respectively
and which was conveyed to the above named Decedent by Deed
dated October 17,1947,and recorded in the Reco;der of
Deed's Office of Washington County,Pennsylvania,in Deed
Book Vol.735,Page 170.
205.00
443.50
614.33
84.00
64.43
150.00
SECOND:ALL that certain tract of land situate in
Carroll Township,Washington County,Pennlylvania,con-
taining 42.697 acres,more or less,and which was con-
veyed to the above named Decedent by Deed dated June 4,
1949,and recorded in said Recorder of Deed's Office of
Washington County,Pennsylvania,in Deed Book Vol.755,
Page 569...
Total Value of Real Estate
~RSONAL PROPERTY:
1.Bank Deposit,Western Pennsylvania National Bank,
MOnongahela,Pennsylvania $263.96
2.Equitable Life Insurance Disability
Polley
.3.u.S.Steel Corporation Vacation Pay
4.Continental Insurance Pension
5.U.S.Steel Pension Check
6.One (1)1955 Chevrolet Station Wagon
7.Farm machinery and miscellaneous farm
equipment
Total Estate
$3,500 00
$1,825 22
$5,325 22