HomeMy WebLinkAboutOC1971-1092 - ESTATE OF OFCHARIK_02~n t1Jt Q!nurt nf Q!nmmnn 'hus nf lIus4itt¢nn Q!nunty.
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ESTATE OF
John M.Ofcharik,
Deceased
63-71-1092No._
In the matter ofthe First and Final
Account of Mary F.Ofcharik and
John M.Ofcharik.Executors
ADJUDICATION AND DECREE
An now March.l ,19~,this matter came on for hearing,
audit and distribution of this session and testimony taken;and thereupon,upon due consideration
th~reQ.f of the b.Qlance for distribution in the hands of the Accountant is determined to be
$"/.7,981.Il and the account is accordingly confirmed;and it is ordered,
adjudged and decreed that the said balance be paid out by the Accountant in accordance with the
schedule of distribution hereto attached and made a part hereof,unless exceptions hereto,be filed
sec.reg.or an appeal be taken herefrom sec.leg.
SCHEDUL~OF DISTRI~O·CotlIl·N~,P~~~(J.
Balance per account'1
Additional Debit -Audit
Additional Credit -Audit
~2.00
150.00
28,131.17
Redebit flower bill ($34.65)and funeral ~xpenses ($1,020.)1,054.65
Balance:1
Deduct Clerk's Costs &Receipts,__&_A_d_v_e_r_t_i_s_in-::g=---1
Attorney Barna &Barna,Clyde Tempest
Catherine Ann Ofcharik -Reimbursement Q£$340.00 funeral
bill and 1/6 flower bill ($5.78)
Mary Jane Mundorff -Reimbursement of $340.01 funeral bill
and 1/6 flower bill ($5.78)and $102.40 claim allowed by
Court
John M.Ofcharik,Jr.-Farm machinery and equipment in
kind at appraised value ($205.00),reimbursement of
$340.00 funeral bill and,1/6 flower bill ($5.78)
.,
Edloiard F.Ofcharik -Reimbursement of 1/6 flower bill
Emma Fedorchak -Reimbursement of 1/6 flower bill
Mary F.Ofcharik -Family exemption
Mary F.Ofcharik -1/3 residue
John M.Ofcharik,Jr.-1/3 residue,accountant to take
credit for advance
Edward F.Ofcharik -1115 residue
ElIIIla Fedorchak -1115 reatdue
Mary Jane Mundorff -1115 residue
63.00
345.78
448.18
550.78
5.77
5.77
1,000.00
8,870.26
8,8rO•26
1,774.05
1,774.05
1,774.05
$27,981.17
27,918.17
-:;'fOvY""ICf7S"
~IJ&~~~Q'~'~yn£/
27,572.39
27,124.21
26,573.43
26,567.66
26,561.89
27,610.77
26,610.77
17,740.51
8,870.25
7,096.20
5,322.15
3,548 .10
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In the matter of the
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Catherine Ofcharik -1/15 residue
Rudolph G.Ofcharik -1/15 residue
Forwarded
$1,774.0
1,774.05
$3'/548:~~
1,774.05
NO BALANCE
NOTE:Any income received after date of accounting shall e distrib ted to the
residu~l legatees in the following proportions:Ma y F.Ofch rik,46-1/2%,
John M.Ofcharik,7t and remaining 5 legatees 9.310 ach.
Page 2
.A '"Lr,~No._
In the matter of the
Account of
of Estate of
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I'KNOW ALL MEN BY'THESE PRESENTS:Whereas,at Washington,in the Cbunty aforesaid
on the t2th'day of May A.D.19 65 ,before me,
J'O,t~Ph1na M.Douglas ,Register for the Probate of Wills and Granting
Letters of'IAdministration in and for the County of Washington,.~,in the Commonwealth of ,Pennsylvania,
the last "\(;ill and Testa'ment of
30hn M.Ofcharik
late of .'Carroll Town~blp in the County aforesaid,deceased,
'.
(a true cppy whereof is to these presents annexed),was duly admitted to probate;and ':c.'.,.. .
Mary F.Ofcharik>and John M.Ofcbarik Jr.
the ExecJtor in said Will and Testament named,having appeared,before me and taken and subscribed.'I;
the oath Jf office prescribed 1;>y law;
:1"
NOW,THEREFORE,I,Josephine M.Douglas
grant th~se LETTERS TESTAMENTARY,unto the said
i!'
,Register as aforesaid',do
Mary F.Ofcharik and John M.Ofcharlk Jr.
committi~g unto them the administration of all and singular the goods and
chattels,~i~hts and credits,which were of said deceased,and requiring them
11 .~
to exhibit a true and perfect inventory thereof into the Register's Offi'ce,at Wa'shington,within ninety
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days froq}the date hereof,and to render a just and true account of ~'aid administration at the expirationI
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of six mqnths from the date hereof,and to regard and comply 'with the provisions of the laws of this
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Commonirealth relating '\0 inheritance taxes.
IN TESTIMONY WHEREOF,I have hereunto set my hand and the seal
of said Office at Washington,this 12th
day of May in the year of our Lord one thousand
nine hundred and Slxty-fiva
-LAST WILL AND TESTAMENT
I,JOHN M.OFCHARIK,of ~arroll Township,Washington County,
Pennsylvania,'being of sound disposing mind,memory and understanding,
dQ hereby make,publish and declare this to be my Last Will and Testa-
ment,thereby revoking and making null and void any and all Wills and
Testaments,or Writings in the nature thereof,by me at any time here-
tofore made.
FIRST:I direct that all my just debts and funeral expenses
be fully paid and satisfied as soon as conveniently may be after my
decease.
SECOND:I give,bequeath and devise all of my estate
(@~cept articles mentioned in paragraph Third.below)as £ollows:
To my wife,Mary F.Ofcharik,one-third (1/3);to my son,John M.
Ofcharik,Jr.,one-third (1/3);to my sons Rudolph G.Ofcbarik and
Edward F.Ofcharik and my daughters,Emma Fedorchak,Mary Jane Ofcharik
and Catherine Ofcbarik,the remaining one-third (1/3)equally divided
among them.
John M.Ofcharik (SEAL)
Signed,sealed,published and declared by the said John
M.Ofcharik as and for his Last Will and Testament,in the presence of
us,who at his request and in his'presence,and in the presence.of
each other,have subscribed our names,as witnesses hereto.
Marie Elaine Droton ..(SEAL)
A.V.Capano ,(SEAL)
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.Jmtfutnrg aub ~t£l1>mrnt o(tM gootl,mul rJaatt,".rigAu mul crediu whirA time
, I Joba II.Ofc1aarlk COnll '--Ill"af,."~._-_"_ _""late 0(_.
WtJlhington Cmmtr/,PtJ.,'lakm and made in conformity with the abOlJe aDida'Vit,..
/.DOLLARS CENT8
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'fada,cos lq 4.n _n"ad 10.65 .......~...tlvel'
aM ........~.,.,..s co tIM above NSld Deced_t '"DMd....octet.11..1147.ad l'ocorr4ed in the leeo'....of
......Of'ic_of Watla1aatn Covaty0 'eGIl.,lv8Il1a.1a Doed
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__I AU.tbat CHUia.tract of lead .ltuate la
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1.Depo.l'••••eem ....'lvai.a htioDal laak,......~t 'lv..l.·$263.96
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IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF JOHN M.
OFCHARIK,
Deceased.
PETITION FOR ORDER AUTHORIZIMG
ELLING OF REAL ESTATE UNDER10.ACT OF 1949 §543,&WASH
O'p~tJM~~"N8?~T RULE OF
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BARNA AND BARNA
ATTORNEYS AT LAW
SEVENTH AND McKEAN AVENUE
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DONORA,PA.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:)
)
ESTATE OF JOHN M.OFCHARIK,)
)
Deceased.)
PETITION FOR ORDER AUTHORIZING SELLING OF REAL
ESTATE UNDER PROVISIONS OF FIDUCIARIES ACT OF 1949 §543,
AND WASHINGTON COUNTY ORPHANS'COURT rUJLE OF PRACTICE NO.9
TO THE HONORABLE P.V.MARINO,PRESIDENT JUDGE:
The petition of Mary F.Ofcharik and John M.Ofcharik,Jr.,
respectfully represents:
1.That John M.Ofcharik,a/k/a John Ofcharik,having
his principal place of residence in Carroll Township,Washington
County,P~nsy1vania,died on the twenty-fourth day of April,1965,
having first made,published and declared his Last Will and
Testament,dated October 19,1955,a co~y of which is hereto
annexed and marked Exhibit "A".Letters Testamentary were duly.r
granted upon his estate unto your petitioners by the Register of
Wills of Washington County on May 12,1965.
2.That the only persons interested in the decedent's
estate under said Will are as follows:
RelationshiptoDecedent Spouse
JOHN M.OFCHARIK,JR.Son Margaret
Carroll Township,Washington County,Pennsylvania
MARY F.OFCHARIK Widow
Donora,Washington County,Pennsylvania;
(Mary A.Ofcharik,first wife,died on June 19,1950,
and since her death,decedent married Mary F.Ofcharik)
RUDOLPH G.OFCHARIK
Raleigh,North Carolina
Son Virginia
Relationship Spouse
EDWARD F.OFCHARIK Son Gertrude
Carroll Township,Washington County,Pennsylvania
EMMA FEDORCHAK Daughter Anthony
Carroll Township,Washington County,Pennsylvania
MARY JANE MUNDORFF Daughter
Monongahela,Washington County,Pennsylvania
Joseph
CATHERINE OFCHARIK
Simi,California
Daughter Unmarried
,-
3.It is decided to sell all of the real estate of the
decedent at a public sale under §543 of the Fiduciaries Act of 194
in order that the sale may have the effect of a judicial sale.
4.The following is a description of the various parcels
of real estate that are specifically devised by the Testator and
proposed by the Executors to be sold at these proceedings:
FIRST:
ALL that certain tract of land situate in Carroll Townshi ,
Washington County,Pennsylvania,bounded and described as follows:
BEGINNING at a stake at the southwestern corner of the
land conveyed,which is a corner common to land of Monongahela Riv r
Consolidated Coal and Coke Company,lands now or formerly of James
Harvey Sampson and the land here described,and extending from
said stake by said land of Monongahela River Consolidated Coal and
Coke Company,North 5°18 2/3'minutes East,a distance of 744.4
feet to a stake;
thence by the same,North 8-6 1/6'East,a distance
of 376.46 feet to a stake;
thence by same North 64°34 5/6'East,a distance of 282.
feet to a stake;
thence by the same,North 8°29'West,a distance of 305
feet to the right of way of the Monongahela and Washington Branch
of the Pennsylvania Railroad;
thency by said right of way in a northeasterly direction,
a distance of 740 feet to a stake;
thence by other land now or formerly of James Harvey
Sampson,South 70-27'East,a distance of 847.28 feet to a stake;
thence by the same,South 20°55'West,a distance of
414.85 feet to a stake;
thence by land now or formerly of E.L.Devore,South 9°
West,a distance of 1191.12 feet to a stake;
thency by other land now or formerly of James Harvey
Sampson,North 80°35'West,a distance of 341.64 feet to a stake;
thence by same,South 9-25'West,a distance of 528.15
feet to a stake;
thence by the same,North 81-58'West,a distance of
621.99 feet to the place of beginning.
CONTAINING 42.697 acres more or less.
EXCEPTING AND RESERVING the Pittsburgh or River Vein of
Coal,together with mining rights,as fully described in Deed Book,
Volume 344,page 416.
2.
·.
EXCEPTING AND RESERVING a parcel of land conveyed to the
Pittsburgh and West Virginia Railway Company,as fully described
in Deed Book,Volume 584,page 437.
BEING the same parcel of land which Ada Sampson,by her
deed dated June 4,1949,and recorded in Deed Book,Volume 755,
page 569,granted and conveyed to John M.Ofcharik and Mary A.
Ofcharik,his wife.The said Mary A.Ofcharik died on June 19,
1950,and title to said land became vested in John M.Ofcharik,
the decedent herein.
SECOND:
ALL that certain tract of land situate in Carroll Township,
Washington County,Pennsylvania,being part of the Harvey L.Sampso
tract of 6.50 acres,said part of said tract being bounded and
described as follows:
BEGINNING at a point at corner common to other land of
Pittsburgh Consolidation Coal Company known as the James H.Sampson
tract of 10.00 acres and land now or formerly of James Sampson;
thence from said beginning point by line of said land now
or formerly of James Sampson,South 85·26'East,a distance of
147.89 feet to a point;
thence by a line through the original Harvey J.Sampson
tract by a curve to the right,having a radius of 686.78 feet,a
distance of 872.61 feet to a point on line of land now or formerly
of John Van Voorhis;
thence by line of said land now or formerly of John Van
Voorhis,North 12°27'West,a distance of 147.32 feet to a point;
thency by same North 55°20'East,a distance of 279.87
feet to a point at corner of other land of Pittsburgh Consolidatio
Coal Company aforesaid;
thence by line of said other land of Pittsburgh Consolidation
Coal Company,South 88·21'East,a distance of 420.06 feet to the
place of beginning.
CONTAINING 4.21 acres.
UNDER AND SUBJECT to any and all easements of record or
apparent on the premises.
EXCEPTING AND RESERVING the Pittsburgh or River Vein of
Coal and such mining rights as described in Deed Book,Volume 281,
page 524,and Deed Book,Volume 344,page 416.
BEING a part of the same premises which Don S.Lane et ux.,
by their deed dated October 17,1947,and recorded in Deed Book,
Volume 735,page 170,granted and conveyed to John Ofcharik and
Mary A.Ofcharik.(The above parcel is described as Item FIRST in
said deed.)
THIRD:
ALL that certain lot or piece of ground situate in Carroll
Township,Washington County,Pennsylvania,bounded and described as
follows:
BEGINNING at a point in Pigeon Creek at corner of lands
now or formerly of John Van Voorhis;
3.
.....
•
thence by line through the tract of which the herein
described tract is a part,and across the right of way of what is
known as the Ellsworth Branch of the Pennsylvania Railroad,
South 12°09'East,a distance of 414.87 feet to a hickory;
thence by line through same,South 60°54 5/6'West,a
distance of 282.30 feet to a point;
thence by line through same South 4°26 1/6'West,a
distance of 376.46 feet to a sycamore;
thence by line through same,South 1-38 4/6'West,a
distance of 744.40 feet to a point;
thence by line through same,North 88-21 2/6'West,a
distance of 432.98 feet to a point on line of lands now or formerl
of John Van Voorhis;
thence along line of said lands now or formerly of John
Van Voorhis,North 55-20'East,a distance of 100.59 feet to a
point;
thence along line of same,North 43°35'East,a distance
of 211.90 feet to a stake;
thence along line of same,North 13°25'West,a distance
of 362.98 feet to a point;
thence along line of same,North 0-13 1/2'East,a
distance of 152.07 feet to a point;
thence along line of same,North 18-05'East,a distance
of 514.50 feet to a stone near a bridge in right of way of what is
known as the Ellsworth Branch of the Pennsylvania Railroad;
thence by line of lands now or formerly of John Van Voorh s,
North 47-50'East,a distance of 429.00 feet to a point;the placE
of beginning.
CONTAINING 10.659 acres,more or less.
TOGETHER with the right to use the private road over
adjoining property running from public road to Pigeon Creek to the
property described.This parcel of land is made under and subject
to right of way of Pennsylvania Railway Company,H.C.Frick Coke
Company,and West Penn Power Company,as fully described in said
Deed Book,Volume 735,page 170.
EXCEPTING AND RESERVING the Pittsburgh or River Vein of
Coal,together with mining rights therein described.
BEING a part of the same premises which Don S.Lane et ux ,
by their deed dated October 17,1947,and recorded in Deed Book,
Volume 735,page 170,granted and conveyed to John Ofcharik and
Mary A.Ofcharik.(The above parcel is described as Item SECOND
in said deed.)
5.The decedent did not own any other real estate,and
none has been sold without petition to Court.
6.That annexed to this Petition are:
A.A copy of decedent's Will,which has been
recorded in Will Book,Volume '",page S7""in the Register
of Wills Office of Washington County,Pennsylvania.Exhibit "A".
B.A true and correct inventory of all personalty
and real estate whatsoever of the decedent,being a copy of the
Inventory filed in the Office of the Register of Wills.Exhibit "1".
4.
C.An official certificate of the Board for the
Assessment and Revision of Taxes of the assessed valuation of the
property proposed to be sold.Exhibit "C".
D.A just and true account of the debts of the
decedent which have come to the attention of your petitioners.
'Exhibit "D".
WHEREFORE,petitioners pray your Honorable Court under
§S43 of the Fiduciaries Act of 1949,to authorize them to expose at
public sale the real estate herein described and that said sale
have the effect of a judicial sale.
5.
M.
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF WASHINGTON )
PERSONALLY before me,the undersigned authority,appeared
MARY F.OFCHARIK and JOHN M.OFCHARIK,JR.,who,being duly sworn
according to law,depose and say that they are the Executors of the
Estate of John M.Ofcharik,a/k/a John Ofcharik,deceased,and that
the facts set forth in the foregoing Petition are true and correct.
Sworn to and subscribed
me this 30th day of
September,A.D.,1971.
?
My cqmmission expires:
yv .Co!Jl~i~si~n}y'pir(l'M~reh 4,.197..
(SEAL).
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before
LAST WILL AND TESTAMENT
I,JOHN M.OFCHARI~,of Carroll Township,Washington COWlty,
Pennsylva.nia,being of Bound disposing mlnd,momory and understanding,
do hereby mak~,pUblish and declare this to be my Last Will and Testa-
tli
ment,thereby revoking and making null an~void any and all Wills and
Testamen~s,or Writings in the nature thereof,by me at .any time here-
tofore made.
,
be fully paid and satisfied as soon as conveniently may be after my
I'I
decease.
FIRST:
l'SECOND:
I direct that all my Just debts and funeral expenses
I ~lve,bequeath and devise all 'of my estate
(§xcapt articles mentioned in'paragraph Third below)as follows:
To my wife,Mary F.Ofch~rik,one-third (1/3);to my son,John M.
o.fcharik,Jr.,one-third (1/3);to my s'ons Rudolph G.'Ofc'barik and
Edwa.rd F.Ofcharik and my daughters,Emma Pedorcho.,k,Mary Jane Ofcharik
and Cathe~ine Ofcharik,the remaining one-third (1/3)equally divided
among them.
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implement~,machinery and equipment.
my automol111e'and to my son',John M.Ofcharik,~ifr.•,all tbefarm
F.Ofcharik,a!1d m:{son John M.Ofcbarik,Jr.,to be the Executors of
this my Last Will and Testament.
IN WITNESS WHEREOF,I have hereunto ~et my hand'and seal this
19th day of October,A.D.1955.
I'I~
THIRD:
FOURTH :
I give and bequeath to my wife,Mary F.Ofcharik,
I hereby make,constitute and appoint my wife,Mary
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Signed,sealed,published and declared by the said John
M.Ofcharik as and for his Last Will and Testament,in the presence of
us,who at his request and in his presenc~,and in the .presence of
each other,have subscribed our names,as witnesses hereto.
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John M.Ofcbarlk.
COpy OF INVENTORY
Notary Public .
14417 r.Ofcharlk and John M.Of'cbar:lk.Jr.
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John Me Ofcbarlk
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lJuntutnry nub i\,p,prntattttrtd of the goods and chattels,rights and credits which were
"John He Ofcharik .Cas-coil Township,
of llIte of ..
Washington County,Pa.,taken and made in conformity with the above affidavit.
DOLLARS CENTS
UAL UTATE:.••a
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/fIRST,t~those two (2)cart.1ft parcelo of land
situate 10 Carroll Townablp.Wa.bln~ton County,Penn.yl-
vanla,eoatalDing 4.21 acre.,and 10.65 acres.respectively
and vbicb va.eOD~yed to tbe above named Decedent by Daod
datad Oc:tober 17.1947.and recorded in the Recorder of
DeH',Office of Washington County,Pennsylvania,1n Deed.
look Vol •.735.Pase 110.
20S.00-
"44.].50
614.33
li4.00
64.43
1SO.GO
SECORD:ALL that certain tract of land situate in
Carroll Tovaehlp,Wa.blngt~n County.Pennsylvania.con-
t.laing 42.697 acrea,more or le.s,and whleb vas eon-
veyed to the above named Decedent by Deed dated June 4,
1949,and recorded 1ft said Recorder of Deed',Offle.of
V~.hiDaton County,Pennsylvania,in Deed Book Vol.755.
Pcse 569.
Total Value of Real letate
1.8.anit Deposlt,.Western PenDlylvaoia Rational l.aRk.
r'Hoaongabela.,....,lv801a $263.95
2.lquitab1e Life Insurance Disabil1ty
Poliey .
3.U.S.Steel Corporation Vacation 'ay
4.COt\t1aental !alurant:e Pension
5.u.s.St••l PeDslon Cbeck
6.On8 (1)1955 Chevrolet Station Wagon
7.rana mach1nery and mlecellaneou.farm
equipmeat '
$3,500 00
...
Total Estate
"B '/$5.325 22
••'~.',,ff,.•.
Assessment <lIrrttfitntr
WASHINGTON COUNTY,PENNSYLVANIA
OFFICE OF THE BOARD FOR '"HE ASSESSMENT AND REVISION OF TAXES
November 1 11
Washington,Po 19 .
This is to certify that the following is a full,true and correct transcript of the assessment of property
taxable for county purposes,as shown by the books of records in this office,at the above date,for the tax
.,
year 19 11,assessed in the district of CARROLL
in the name of
"
OFCHARIK,JOHN ESTATE
BOX 183
MONONGAHELA,PA.
13-5-5
DB 155 -569
2 STY FR HSE-GAR-BRN
42.691 ACRES SURF
1,655
630 2,285
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WASHINGTON COUNTY,PENNSYLVANIA
OFFICE OF THE BOARD FOR THE ASSESSMENT AND REVISION OF TAXES
Washington,Pa ~~!~.~~~~~19 ..7.~
This is to certify that the following is a full,true and correct transcript of the assessment of property
taxable for county purposes,as shown by the books of records in this office,at the above date,for the tax
year 19 71,assessed in the district of CARROLL·
in the name of OFCHARIK,JOHN E·STATE
BOX 183
MONONJAHELA,PA.
13-5-3DB735-170 .
4.21 ACRES SURFACE
13-5-4
DB 735-171
10.659 ACRES SURFACE
125
315
BOARD FOR THE ASSESSMENT
~~~
?'Jt e,....Chief Assessor.
(SEAL)
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Form AC C·1(·DEDUCTIONS ALLOWED IN
".
AND AGENT OF TME COMMONWiALTH,.
I
I
OFFICE OF TME
REGISTER OF WILLS
OF Washlngton.COUNTY
STATEMENT OF DEBTS
AND DEDUCTIONS
THE SUM OF $..
OAr'E APPROVED .
ESTATE 'OF John M.Ofcharik
DATE NO.OF ,NAMIi:OF PAYEE
VOUCH~"
REMARKS AMOUNT
.l~b)•May i3 3994 Josephine M.Douglas ?robate of Will 31 Do
21 ,Beboue &Yohe Co.Ambulance Service~10 ~O..,
21 Daily Republican Funeral Notice 2 ~O
21 >Valley Independent Funeral Notice 1 10
i
.?lJ.I Rocco's F1o~ler Shop Funeral F1ow-ers 34 P~-l
,A \102
'.BO \
June Bell'Telephone Co.Funeral Arrangements 50\
7 ~Cl~/~Russell Marino County Tax 36 24
/8 1e 1 Peter Gallick Township Road Tax 19 09
/23 .41'6-6 Josephine M.Douglas Short Certificates 2 PO
23 4200 Washington County Reports Advertising Estate 10 00
23 Dailv Republican Advertising Estate 8 00
July ,22 Francis c.Slezak Funeral Bill 1,015 00
,
·25 Dr.Howard Gadd Final Medical Bill 21 00
25 106 St.Dominic's Cemetery Grave &.Funeral Services 120 00
25 Dr.Jet'orne H.Aarons Final Medical Bill 48 00
25 107 Bell Telephone Co.Final Telephone Bill 19 99
Nr,,;1 'OH 'Peter Gallick School 'faxes -1965 104 16
Temoest &Sirmnons Attorney fees 250 00
Marv F.Ofcharik Executor's connnission 125 00
John M.Ofcharik,Jr.Executor's commtssion 125 00
'Tota Debts &Deductions $2.033 ~3 -
I
...~.....'".-
COMMONWEALTH OF PENNSYLVANIA.
81:
I.Ofcharik,Jr.---"'-"==...L--=-....:....-.-=...:::..::::=:.:=-=-=-==:..=......::..::::..:.::.:::.-::.:.:...-=-=...:::===~=-=--=--__HEREBY CERTIFY,THAT.TO TH E B(8T OF
/olVKNOWL[DGE AND BELIEF.Ttil!:FOREGOING 18 A ~6h"'N'M:rRU6 r;E E OF DEBTS,8 ~Ja"'!rk .FUNERAL EXPEN6ES AND EXPENS£:!l 01"
ACMINI6TRATION SUBMITTED TO THE ESTATE ()F 0 n •I:cn I.r DECU8ED.AS DEDUCTIONli FOR
INHERITANCE TAX ·PURPOSES.
SWORN AND SUBSCRIBEC 8EFORE ME THIS __~__DAY 01"-lM\f.aa'rrvy---FF'-:.-rOtif=rc~ln[a~Ir-I:r·lk:t-::.-------_·(L.5.)
11"---~--III _-_
"
,.
AND NOW,
..
( ,1971,upon consideration of
the annexed Petition and upon motion of Paul N.Barna,Jr.,Attorn y
for one of the petitioners,it is ORDERED AND DECREED that Mary F.
Ofcharik and John M.Ofcharik,Jr.,the petitioners,Executors of
the Estate of John M.Ofcharik,a/k/a.John Ofcharik,deceased,
after due notice according to the Act of Assembly and Rule of Cour ,
expose at public sale the following premises:
A.Parcel of land situate in Carroll Township,Washingto
County,Pennsylvania,containing 42.697 acres of land,more or 1es ,
described in Deed Book,Volume 755,page 569;
B.Parcel of land situate in Carroll Township,Washingto
County,Pennsylvania,containing 4.21 acres of land,and fully
described in Item FIRST in Deed Book,Volume 735,page 170;and
C.Parcel of land situate in Carroll Township,Washingto
County,Pennsylvania,containing 10.659 acres of land,more or 1es ,
described in Deed Book,Volume 735,page 170,as Item SECOND;
all of which premises are in Washington County,Pennsylvania,and
more particularly described in the said Petition,and report there
1)ec.~'0.1 IC 13totheCourtforapprovalandconfirmationonNo.~€nrlLer ,1971,a
10:00 o'clock,A.M.
It is further ordered and decreed that the petitioners
cause notice of the presentation of such petition and the time fix
for sale,and the date when confirmation shall be requested,to al
creditors and other persons interested,by publication of such not'e
in the Washington County Reports and the Daily Republican,once a
week for a period of three successive weeks,the first of which
publications shall be at least twenty-one days prior to the date
fixed for the sale thereof,and by the posting of five handbills
containing a similar notice,at least one of which shall be posted
.....
at a conspicuous place on or near the real estate proposed to be
sold,and the remainder in prominent places in the vicinity of
such real estate.
The petitioners are further ordered and directed to give
notice of the filing of this petition and of the proposed
brief reference to the real estate proposed to be sold,the
time fixed for the sale and the date of the proposed return to Cour ,
to all parties in interest.under the provisions of the Will,by
mail at least ten days prior to the date fixed for such sale to the
last known addresses of all parties ,in'interest under provisions
of the Will.
,,
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I
'---
.
..
~N THE COURT OF COMMON PLEAS
PF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISIONbo.63-71-1092
trN RE:
ESTATE OF JOHN M.
OFCHARIK,Deceased.
WETITION FOR CONFIRMATION OF
SALE OF REAL ESTATE
~
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~\il-~.\~~'J~~~...,,,-'"-~J~ARNA AND BARNA
ATTORNEYS AT LAW
SEVENTH AND McKEAN AVENUE
DONORA,PA......./
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IN THE:COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:)
)
ESTATE OF JOHN M.OFCHARIK,)
)
Deceased.)
63-71-1092
PETITION FOR CONFIRMATION OF SALE OF REAL ESTATE
TO THE HONORABLE P.V.MARINO,JUDGE:
The petition of Mary F.Ofcharik and John M.Ofcharik,Jr.,
Executors of the Estate of John M.Ofcharik,respectfully represen
1.That on November 1,1971,your Honorable Court made an
Order of sale of the following described premises:
(A)Parcel of land situate in Carroll Township,
Washington County,Pennsylvania,containing 42.697 acres of
land,more or less,described in Deed Book,Volume 755,page 569
(B)Parcel of land situate in Carroll Township,
Washington County,Pennsylvania,containing 4.21 acres of land,
and fully described in Item FIRST in Deed Book,Volume 735,
page 170;and
(C)Parcel of land situate in Carroll Township,
Washington County,Pennsylvania,containing 10.659 acres of
land,more or less,described in Deed Book,Volume 735,
page 170,as Item SECOND;
all of which premises are in Washington County,Pennsylvania,and
more particularly described in said Petition,as it was decided to
sell all of the real estate of the decedent at a public sale in
order that the sale may have the effect of a judicial sale.
2.In pursuance to the said Order,your petitioners,after
due public notice by advertisement and handbills in accordance
with the Act of Assembly and Rules of Court,exposed the above-
,,,
described parcels of real estate to public sale on December 11,
1971,at 10:00 o'clock,A.M.,on the said premises,and described
in the handbills and proofs of publication,copies of which are
hereto attached and marked Exhibits "A"and liB".The affidavit of
Proof of Posting is hereto attached and marked Exhibit "C".
3.That at the said sale your petitioners sold the said
three parcels of land to Griffith J.Jones for the sum of
$15,100.00 he being the highest bidder and that being the highest
~nd best price bidden for the same.
4.That ten days previous notice of the time and place of
sale was given to the parties interested by copies of the notices
mailed to them by Paul N.Barna,attorney for the Executor Mary F.
Ofcharik,on November 10,1971.These individuals were as follows
Mary Jane Mundorff,467 Stockdale Ave.,Monongahela,Pa.
Emma Fedorchak,Fisher Heights,1328 Armstrong Dr.,
Monongahela,Pa.
John Ofcharik,Jr.,R.D.#l,Monongahela,Pa.
Catherine Ofcharik,208 Aristotle,Sim~,Cal.
Rudolph Ofcharik,47,12 R'adcliff Rd.,Raleigh,N.C.
Edward Ofcharik,P.O.Box 44,Monongahela,Pa.
Which sale your petitioners pray the Court to confirm.,.
2.
---~------~----------------------
I
I •
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF WASHINGTON )
PERSONALLY before me,the undersigned authority,appeared
MARY F.OFCHARIK and JOHN M.OFCHARIK,JR.,who,being duly sworn
according to law,depose and say that they are the petitioners in
the foregoing petition and that the facts set forth therein are
true and correct to the best of their information and belief.
Sworn to and subscribed before
me this / /1-1 day of ~~d0
A.D.,1971.
Notary Public
My commission expires:
(SEAL)
=-===--"';-;;;;i~fi=~1
r .....'"ILegalAdvertising
M.
IN TIrE COURT OF COMMONPLEASOFWASHINGTON'COUN·.TY,,PENNSYLVANIA.
ORPHAN'S COURT DIVISIONNO.1092 of 1971·
IN RE:Estate of JOHN M.OFCHARIK,..
Deceased.TO ALL CREDITORS,HEIRS,DE-VISEES OR OTHERS IN'rEREST·
ED:NOTICE
NotiCe is hereby given that theundersigned,pursuant to Order of
Court,will on December 11,1971 at',10:00 o'clock,A.M.,offer at Public'
Auction sale to beheld on the prem-
r
ises,the following described realestate:All those three contiguous
parcels of land in the Dunkirk areaofCarrollTownship,Washington
fCounty,Pennsylvania,consisting of'42.697 acres,4.21 acres and 10.659acres,or a total of 57.566 acres,:more or less,being bound by the
jlands of Disney Hill Plan,Cox.ISkokut,Zippay.Huffman,Pawlowski
,and Pennsylvania Railroad.and as
J
more particularly described in deeds
recorded in the recorder's office ofWashingtonGountyinDeedBook
Vol.755,page 569 and Deed Book.Volume 735.page 170.Upon which
is constructed a two-story frame
Of dwellin~and a frame garage.
TERMS OF SALE -Ten (10%)per cent of amount of bid or $500.00.
!whichever Is the larger amount.Incash.on acceptance of bid.and bal-
ance on ~onfirmation of sale by theCourt.
Return of sale and request forconfirmationwillbemadetotheCourt.at 10 :00 o'clock A.M.on
December 13.1971.
,.Sale will be made SUbject to rulesofcourtastoacceptanceofhigh\bids and rl~ht IQ reserved to reo,ject any bids for inadeouacy of
'
price or frresoonsibl1ftv of bidder.CLYDE G.TJ':4J1PEST,Esq..223 Second Street
I Monongahela.Penna.15063
I PAUL N.BARNA.ESQ.7th &McKean Avenue
Donora.Penna.15033At1.orneys for Executor"______NoV.I,12,19.1971:.-_
PROOF OF PUBLICATION
THE DAILY H'ERALD'
MONONGAHELA,PA,
that the affiant or the corporation in behalf of which ......·she......is acting is not inter-
ested in the subject matter of said notice or advertising and that all of the allegations of
this affidavit as to th~..~d:.~.~~...:~~~....
Sworn and sub;7ed before e this C.REID DOU
....day of~~".197..1.M~NONGAHE:LA:~~TY,Notary PUbllc
•.'cY commis.;HINGTON c .'.'"\.·~,on expirss lu'0.,P,,-~CIll!"-4-:...M~~~~u~~,.;.--:........Iy 29,1971
otarv£x
c~,]d It
1{q.Y.~mp..~.r...5,JZ ang .l9.,1971...
.Q~ph§!1.~.~....g.Q.gr.t.Rtv.i.s.iQn...NQ...IQ92 of 19.7.1 .IN RE.:.Es.tate of J ohn
In compliance with the Newspaper Advertising Act of May 16.1929 P.L.1784.Sec.3.
paragraphs (3)and (25l.
County of Washington Iss:
State of Pennsylvania (
Personally appeared before me,a Nolary Public in and for said county and state.
Mr..s..JLF.D.e.Santis..,who,being duly sworn,deposes and says:thaL.she is
the ·bo.okke.e.pe.r of The Monongahela Publishing Co.,a Pennsylvania corpora-
tion,and its agent in this behalf:that the said company is the publisher of The Daily
Republican,published daily except Saturday and Sunday,having its place of business at
Monongahela,Washington County,Pennsylvania;that the said Daily Republican was
established in the year of 1846;that the printed notice or advertisement,attached hereto
is a copy of a notice or advertisement,exactly as printed or published.which appeared
in the said n(iWsp~r.in its regular issues on.the following dates:
I Washington County Reports
Washington;Pennsylvania
IN THE COURT OF COMMON PLEASOFWASHINGTONCOUNTYPENNSYLVANIAORPHANS'COURT DIVISION
NO.1092 of 1971
(PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION)
............................................................................................................
CLYDE G.TEMPEST.ESQ.223 Second Street.Monongahela.Penna.15063PAULN.BARNA.ESQ.7th &McKean Avenue .Donora,Pennsylvania15033'Attorneys for Executors
6>10-3
INRE:
Estate of JOHN M,OFCHARIK de-ceased..
TO ALL CREDITORS,HEIRS.DE:VISEES OR OTHERS INTERESTED:
NOTICE
Notice is hereby given that the under-signed,pursuant to Order of Court.wlllonDecember11.1971 at 10:00 o·clock.A.M.,offer at Public Auction sale to beheldonthepremises,the following de-scribed real estate:All those three con-tiguous parcels of land in the DuhkirkareaofCarrollTownship,WashingtonCounty,Pennsylvania,consisting of 42,697 acres.4.21 acres and 10.659 acres or.!l.total of 57.566 acres.more or less.'be-Ing bound by the lands of Disney HlllPlan.Cox,Skokut.Zippay.HuffmanPawlowski,and Pennsylvania Raqroad'and as more particularly described i~deeds recorded in the recorder's office ofWashingtonCountyinDeedBookVol.755,page 569 and Deed Book Vol.735page170.Upon which is constructed atwo-story frame dwelling and framegarage.
TERMS OF SALE -Ten (10%)percent~f amount of bid or $500.00.Which-ever IS the larger amount in cash onacceptanceofbid,and balance on con-firmati.on of sale by the Court.
Return of sale and request for con-firmation will be made to the Court at10:00 o'clock,A.M.on Monday Decem-ber 13,1971.'----SB.1e-wiil be made subject·torulesofcourtastoacceptanceofhighbidsandrightisreservedtorejectanybidsforinadequacyofpriceorirresponsibilityofbidder.
PROOF OF PUBLICATION
In compliance with the Newspaper Advertising Act of May 16,1929,
P.L.1784 Sec.S,paragraphs (3)and (25).
COUNTY OF WASHINGTON}SS.
STATE OF PENNSYLVANIA
Personally appeared before me,a Notary Public in and for said County
and Commonwealth,CHARLES C.KELLER,who,being duly sworn,deposes
and says:that he is the Editor of the WASHINGTON COUNTY REPORTS,
the official legal periodical for said Washington County,published weekly
hav,ing its place of business at Washington,Washington County,Pennsylvania,
and is acting as its agent in this behalf;that the said WASHINGTON
COUNTY REPORTS was established on March 31,1920,and was designated
as the official legal publication for Washington County,Pennsylvania,by order
of the several courts of said County,dated November 11,1920;that the printed
notice or advertisement attached hereto is a copy of a notice or advertisement,
exactly as printed or published,which appeared in the said legal periodical in
its regular issues on the following dates:
November 4,11,18,1971............................................................................................................
that the affiant or the corporadon in behalf of which he is acting is not
interested in the subject matter of said notice or advertising and that all of the
,n,.._of "'""'idavit M to th't:Jf;;md "'.net"@'publi,,,"••
'"trno.----•••.-----~-~....&.~~E:~
~"Editor
Sworn to and subscribed before thiL .~
('~......l8.th day of N.QY..~;mQg.r.,19 7.1 ..hJ...~-J~
•'•.-o'::J6SE'PHfNE T.'SCIAMANNA"'b'•.•••'.~~!llIC.·:.washinl!ton.Washinp,ton Co.
'"...i'"'My C . .•.'.';',."0n:mJ,sl>Jn ~·~lliCS..l:ily 1.1!J/4
,.
AFFIDAVIT OF PROOF OF POSTING,
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF WASHINGTON )
PERSONALLY before me,the undersigned authority,appeared
PAUL N.BARNA,JR.,ESQ.,who being duly sworn according to law,
deposes and says that at least five handbills were posted at a
~)I~".U,11
conspicuous place on or about the premises proposed to be sold.and
copy of said notice is hereto
Sworn to and subscribed before
me this /.:31.i day of November,
A.nL/~
~Notary Public
My cpmmission expires:
(SEAL)
STEPHANA NONACK,Notary Public
Donora.\'Illshlnljton COQlnty,Pa.
My Comm!sslon Expires
Jan.29,1973
EXHIBIT "e"
"
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:)
)
ESTATE OF JOHN M.OFCHARIK,)
)
Deceased.)
PERSONALLY before me,the undersigned authority,appeared
BERNADETTE N.VARGO,who,being duly sworn according to law,
deposes and says that she is employed in the law office of Paul
N.Barna,Jr.,Esq.,and that on the 10th day of November,1971,
she did deliver for mailing at the United States Post Office a
notice of the public sale of the real estate in the above estate
to the following persons:
John Ofcharik,Jr.
Emma Fedorchak
Catherine Ofcharik
Rudolph Ofcharik
Edward Ofcharik
Mary Jane Mundorff
A copy of said notice is hereto a
/
Sworn to and subscribed before
me this 10th day of December,
A.D.,71.
My commission expires:
~/J.
"A".
(SEAL)
STEPHA/fA !:O!!:c'(.tl(ltary Public
Donora,\'Ia~~''l!ltet!l CHnty,Pa.
My Commi:c';rtuil b,pires
Jan.29,lti73
'-','.','.......
j
\,
Nov~~er 10,1971
I .
I
,
1
Re:Estate of John M.Ofcharik_.._.-.-----_.._._------'--_...._.---~-_....-
I am onclosing a copy of the Notice of the public sale
of t.~e real estate showing that the real estate \vill be Ao1d on
December 11,1971 at 10:00 o'clock,~.M.
Dear Mr.Ofcharik:
lMr.John Ofcharik,.rr.
R.D.#1
MOnongahela;Pennsylvania 15063
The auction will be held on the premises and a report
of the sal0 and a rClucst for confirmation \Vill be'presonted to the
Orphans'Court of Washington County on Monday,December 13,1971 at
10:00 o'clock,A.B.
Sincerely yours,
BAR~~A AND BA~~A
By__.__._---•..,..._._._-
;+.~.:.•
~',.l:to
PNB/bnv
cc:Emma Fedorchak
Catherine Ofcharik
Rudolph Ofcharik.
Edward Ofcharik
l'iary Jane Mundorff
EXHIBIT "A"
,'t
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:)
)
ESTATE OF JOHN M.OFCHARIK,)
)
Deceased.)
63-71-1092
FINAL DECREE AND CONFIRMATION OF THE PUBLIC SALE OF REAL ESTATE
AND NOW,December 13,1971,upon consideration of the
Petition for Confirmation,including the proofs of publication,
posting and mailing of notice,and upon the receipt of a final bid
of $3.3~S=b I "at this hearing from-.G~l ~h 'it.JOIV't"
and the payment of a deposit of $3,~~0:...-...,it is ORDERED
AND DECREED that the sale of the within-described premises to
fh!~~J'.'Io".fSfor $~d6:D."':s confirmed;
and that Mary F.Ofcharik and John M.Ofcharik,Jr.,Executors of
the Estate of John M.Ofcharik,are authorized upon receipt of the
purchase money to execute and deliver tO~~~~UU~~~~~~~.1
his heirs and assigns,a deed in fee simple of the said premises.
The closing of this transaction must take place within
thirty (30)days.
The purchase money shall be accounted for by the said
Executors in the settlement of their accounts as such.
Said sale is to have the effect of a judicial sale as to
the discharge of liens on the said real estate.
I.e 1
(~,.:.'IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
NO.1092 OF 1971 .,-
Deceased.
IN RE:
ESTATE OF JOHN M.
OFCHARIK,
~:JS ~p °_1_
'.
..
:..;
;'......Jen
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.J-'''r tl ....-"1
(f)c).....:
~~C;;~~:
BARNA AND BARNA
ATTORNEYS AT LAW
SEVENTH AND MCKEAN AVENUE~~·,9~·~~~
/'
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(-:f~,•<"i ---l :,:r'
t'-~~na-..-",j •
'-r)_.'•-• J?=·u ;-0
;:-.-(.0
PETITI0N FOR FORFEITURE
I;(}J -OF HAND MON:Y.._
~""./_...J ,.
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"
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:)
)
ESTATE OF JOHN M.OFCHARIK,)
)
Deceased.)
NO.1092 Of 1971
PETITION FOR FORFEITURE OF HAND MONEY
TO THE HONORABLE,P.V.MARINO,PRESIDENT JUDGE OF SAID COURT:
1.The executors of the above estate,Mary F.Ofcharik
and John M.Ofcharik,Jr.,presented a petition on November 1,
1971,to this Honorable Court requesting permission to sell the
decedent's real estate located in Carroll Township,Washington
County,Pennsylvania,at a public auction under the provisions of
the Fiduciaries Act of 1949,§543.
2.The Court set the sale for Saturday,December 11,
1971,at 10:00 o'clock,a.m.,and the confirmation for Monday,
December 13,1971,at 10:00 o'clock,a.m.
3.Griffith J.Jones of Carroll Township,was the
successful bidder at the auction on December 11,1971.At the
confirmation,additional bids were received and the sale was
finally confirmed to Griffith J.Jones for the consideration of
Thirty-Three Thousand Two Hundred Fifty ($33,250.00)Dollars.
4.The said Griffith J.Jones deposited as hand money
with Clyde G.Tempest,Esq.,one of the attorneys for the executor,
10 per cent of said consideration,or the sum of Three Thousand
Three Hundred Twenty-Five ($3,325.00)Dollars.
5.In the final decree in confirmation of public sale,
a copy of which is hereto attached and marked Exhibit "A",the
Court ordered that the closing of the transaction must take place
within thirty·(30)days of December 13,1971.
6.On January 13,1972,the said Griffith J.Jones
notified Paul N.Barna,Jr.,Esq.,one of the attorneys for the
executors,that he was unable to complete his financing as 'of that
date and needed additional time.
WHEREFORE,your executors pray this Honorable Court to
issue a Rule on the said Griffith J.Jones to show cause why his
hand money should not be forfeited if settlement cannot be made
on or before the return day.
BARNA AND BARNA
HORMELL,TEMPEST,SIMMONS,BIGI
AND MELENY
2.
,,'
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF WASHINGTON )
PERSONALLY before me,the undersigned authority,
appeared PAUL N.BARNA,JR.,ESQ.,who,being duly sworn according
to law,deposes and says that the facts set forth in the forego1ng
Sworn to and subscribed before
me this v('7 ~day of January,
A.D.,1972.
No b 3 rIOt"']iq"'
My commission expires:
BOB A.FRANKS Prothonotary \
My term expires First Monday,Jan.,1976
(SEAL)
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:)
)
ESTATE'OF JOHN M.OFCHARIK,)
.)
Deceased.)
63-71-1092
FINAL DECREE AND CONFIRMATION OF THE PUBLIC SALE OF REAL ESTATE·
AND NOW,December 13,1971,upon con~ideration of the
,I
IM.Ofcharik,Jr.,Executors of
AND DECREED that the sale of the within-described premises to
."..33)44:0..is confirmed;',.'"".,..,.., :I ~.4-\..\.,~~."...P~.for.$
---....-.V-tlt-'~--~............·...~,.-'"
and that Mary F.Ofcharik and John
Petition .for Confirmation,including the proofs of publication,
posting and mailing of notice,and upon the receipt of'a final bid
I of $-.33 J .;1£0,"'at this hearing from_Gb ~h At.dOIl't"·
:l "2._....-....and the payment of a deposit of $---4---L"($..,it is ORDERED
the EstCJte of John M.Ofcharik,are authorized upon"receipt of the
p~rchase mon~y to'execute and deliver tO~~~~~~~~~~~~_1
his heirs and assigns,a deed in fee simple of the said premises.
The closing of this transaction must take place within
I
t
J
I
'I
t~irty (30)days.
The purchase money shall be accounted for by the said
Executors in the settlement of their accounts as such.
Said sale is to have the effect of a judicial sale as to
.the discharge of liens on the said real estate.
(Jlid(j!
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.'3Jn mlJr <!lourt nf QInmmnn 'lrns nf IIn.alJingtnn Cltnunty,Jrnnnylunnin
(OOrp11ttus"Qtnltft .1l1ilti~in1t
IN RE:)R-U-L-E )
JOH:S:~T:F::AllIK.I ill UaUnu I NO.1092 of 1971
--DEctASED.)).'
Qrnntmn1tUlraltl~nf JrUU1iyllluttitt )
(J]:I1Uttty I1f mun11itt9t1ltt \
.To:GRIFFITH J.JONES
Sur Petition of:MARY F.OFCHARIK AND JOHN M.OFCHARIK,JR.,
EXecutors 01'the Estate of John M.Ofcharik,dec'd
llmr Qrn1Umtttl~inu,-'-'GlU.R.....IF.:..L.:F..-LI.....TH..I..-Sl.J •-S/Jl.W.O.LLNE!>d.!oSL-__
that,laying aside all business and excuses whatsoever,you do file in the office
of the Clerk of our Orphans'Court of \Vashington County,a full and com-
plete answer,under oath,to each and every of the averments of the said
petition,on or before Wedueaday _,the 1$th day of__.....:M:.:..a_r_c....::che.-__
19R,at 10 :00 o'c1ock __A.M.,and show cause why hand m9ney in the
amount of $3,325.00 deposited at the confirmation of the public sale
of real estate of the property of the late John M.Ofcharik on
December 13,1971,should not be f'orl'eJ.ted if the saJ.d GrJ.rfith J.
Jones is not prepared to close said real estate transaction on the
l'etuz'u date of this Rtrl:-Ae~;-------------------
and further abide the order of our said Court in the premises,
If you fail hereof,the petition may be taken PRO CONFESSO and
a decree made against you.
WITNESS the Honorable P.Vincent Marino,Judge of our said Court,
at Washington,Penna.,the 211
Barna and Barna
By Paul N.Barna,Jr8
day of January ,19J~.·~27~~
Clerk of the Orphans'Court
Horme11,Tempest,Simmons,Bigi an~~~~~~or¥~~~l~~~cGt~Fw~est sq.
(Seal)
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:)
)
ESTATE OF JOHN M.OFCHARIK,)
)
Deceased.)
NO.1092 OF 1971
AND NOW,this
t¢i
l,'f-day of January,1972,in
consideration of the within Petition,it is hereby ORDERED AND
DECREED that a Rule be issued on Griffith J.Jones to show cause
why hand money in the amount of $3,325.00 deposited at the confir-
mation of the public sale of real estate of the property of the
late John M.Ofcharik on December 13,1971,should not be
forfeited if the said Griffith J.Jones is not prepared to close
said real estate transaction on the return day of this Rule.
f':z~
RULE RETURNABLE Febraary-I~,1972,at 10 :00 0'clock,
a.m.,E.S.T.,at the Orphans'courtroom,fourth floor,Washington
County Court House,Washin~~
.-~
Judfe
j
nn:
3Jnl!m~r C!lonrt of C!lommon JUras of lIas~ington C!tonntg,Jrnnsgluania
(@rpl1uun'Qtnurt miui~inu
R-U-E-E )ill nation i NO.1092 of 1971
)
(
IN RE:)
ESTATE'OF (
i:)JOHN M.ORCHARIK,(
:IDECEASED.l
Qtnnt~puUt~ultl1 nf '~uun!Jluuuiu
:.
Qtnuu~!J nf lIunl1iugtnu
.,
":1
To:;1 GRIFFITH J.JONES'
Sur Petition of::
MARY F.OFCHARIK AND JOHN M.OFCHARIK,JR.,
EXecutors of the Estate of John M.Ofcharik,dec'd
~rrrtitt9:.
,If~Qtnmmuu~Inu,--"G.l..L.JR.....IFJ.:....lFL..II......T..u..H--"JL.A.-SUJOol..LlNI.Ai!E~S _,
..
that,l~ying aside all business and excuses whatsoever,you do file in the office
°jl
of the I;Clerk of our Orphans'Court of Washington County,a full and com-
,I
plete apswer,under oath,to each and every of the averments of the said
"
December 13,1971,should not be forfeited if the sa1d Griff1th J.
Jones :is not prepared to close said real estate transaction on the
reLux'xI date of this Rule;II
II
and futther abide the order of our said Court in the premises,
"
;r If you fail hereof,the petition may be taken PRO CONFESSO and
,I
I
a decree made against you.
WITNESS the Honorable P.Vincent Marino,Judge of our said Court,
at W a~hington,Penna.,the 211 day of__~J~as.n.....u~a~r.J-Y-___19 72
;1 ~~~
Ii Clerk of the Orphans'Court.Barna ii and Barna
By Pa¥l N.Barna,Jr.
Hormel],Tempest,Simmons ,Bigi an<£'sq~~~A~~~K~l~actlt~~W~est .
'I
(Seal)AND NOW,January 27;1972,service of the within~te-Citation
is hereby accepted and receipt of py and the petition is hereby
acknowledged as being ~eceived.
".i '.'..;1 .,...<'•'.."t..'•
"
.~'..,.,~.'.':.......,,t,i\~'~.:)\.f~.,'.,7.'::$',:';~',:•
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STATE,OF PENNSYLVANIA,
WAS~:INGTON COUNTY,
-r;he within named Accountant being duly sworn according to law,depose and say that the above account,IIassta~ed is true and correct as ~.____verily believe.
I •• •
Sworn!and subscribed before me this .....;;<4:"!!......
daYa:_~_~_
••'1-............• _••••_~••::;~_.-:~_-_••••••_----_•••___.
tl~H '66 c:u.er STF.PHA.NA NONACK Notary Public'
saJ!dX3 UOlSS!WWO:)~W Donora,Washingto','Caunty,Pa.
'ed '~l-uno~UOlP\lf4S11I\\'eJOllOO My Commission Expires
3!lqnd ~JlllON:·I)l~VNON VNItHd::.S Jan,29,1973'.;;'.
!i .'.:..~J..:::t"
Wash,ingtonCouiitY,.ss:.'
."'.~,'-,
I do certify that I have given legal notice to all persons
concerned of the filing of the within account in the manner
prescribed by Statute and Rule of (OUlt,as evidence by proofs
thereof filed to No __(g1~1:J.:.3.3..
Witness my hand and official seal thiS..;)~_ .
day OL-------~---------;;n-:---------~--19_72 _.......U~--zrl~.
.Register of Wills
J1_._
. -..+~~'_..,..
,
...'~.j~I r ~'I'H~D~!;.....~f''''i I:~....,~V.;;'".'
Ru ·c:.q:r L li·\I·{IIIO...v \I '1 I.'/r·\t ,1.1'1 .
R~GISTER OF willS
WASHINGTQN C():;PAt,
'I..."""
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The Court is respectfully requested to determine
p~operdistrib~.1 ~
.,Couniel for Accountant
·.'
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:)
\)
ESTATE OF JOHN M.OFCHARIK,)
)
Deceased.)
NO.&3-7/··/0 '1:L
FIRST AND FINAL ACCOUNT OF MARY F.OFCHARIKANDJOHN M.OFCHARIK,
JR.,EXECUTORS OF THE ESTATE OF JOHN M.OFCHARIK
SUMMARY:
Principal:
Income:
Receipts $35,075.22
Disbursements 6,946.05 $28,129.17
Receipts
Disbursements
$·0 ..00
0.00 0.00
AMOUNT FOR DISTRIBUTION $28,129.17
I
'.
RECEIPTS
Inventory and Appraisement filed.•. ... .... . $5,325.22
Real estate sold for •.•..••.•.$33,250.00
Inventoried @. . . . . . . . . . . . .3,500.00
Gain on sale of real estate • . • . . . . • . . • . •
Total receipts .......
~t(
29,750.00
"($35,075.22
DISBURSEMENTS
Administrative Expenses:
• I
"$4,344.26
31.00 ?
2.00 ...--
10.00 ---
10.00 t./'
876.88
.$
Josephine M.Douglas,probate and
deposition ......••••.
Josephine M.Douglas,Short
certificates..•..•..•
Washington County Reports,advertising.
Daily Republican,advertising Letters .
Josephine M.Douglas,Filing Inventory
and balance on Letters.. • • • . . .9.00
Russell Marino,Filing Account.. ...17.00
Russell Marino,Additional fee on Letters 6.50
Tempest and Simmons,Attorneys fee.1,250.~
Barna and Barna,Attorneys fee ...•0 1,250.00
Mary F.Ofcharik,Executor's
commission •••••...••.
John M.Ofcharik,Jr.,Executor's
commission....'••,'876.88
Notary Public fees .•.•..••••.~5~.~0~0
Preferred Debts:
Francis C.Slezak,Funeral bill ••".•$
Valley Independent,Funeral notice ..•
Daily Republican,Funeral notice .•
Rocco's Flower Shop,Flowers •.••
Bell Telephone Co.,Funeral
arrangem€nts ••......•.•••
St.Dominic's Cemetery,Grave and
services .
Dr.Howard Gadd,Final medical bill
Dr.Jerome H.Aarons,Final bill..
..
1,015.00 ....-
1.80""
2.00 y
34·.65 ..-
50.80"/
120.00 ."
21.00 L.--
4·8•00 <...---""~1,293.25
Other Debts:
Bebout and Yohe,Ambulance bill ....
Bell Telephone Co.,Final bill..".. •
Russell Marino,1965 County Tax .•.•
Peter J.Gallick,1965 Twp.Road Tax ••
Peter J.Gallick,1965 School Tax •.•
$10.00 L--
19.99 1--
36.24 L-
19.09 "-'
104.16 J-.
189.48
(l <,•
Sale of Real Estate,Costs and Expenses:
Barna and Barna:
1.00
10.00
74.24
..•3.00
· . . .332.50
·.•.332 •.50
·••.213.03
Russell Marino,Petition to Sell
Real Estate'.. . . . . • . . . . . • .$15.00
Board of Assessment,Certificate
of Assessment•.•.........•
Washington County Reports,
Advertising Notice . • • . • • • ••.63.00
Monongahela Publishing Co.,Adv.Notice.49.79
Monongahela Publishing Co.,Printing
of posters . . . • . . • • . . . •
Register of Wills,Filing Petition of
confirmation and Order of
confirmation . • . . • • • . . . •
Barna and Barna,Petition concerning
hand money.• . . . • ......5.00
Barna and Barna,posters.. . . . . ...20.00
Barna and Barna,Notary fees on
petitions and deed • . . . •
Olga Woodward,State deed stamps •.
Olga Woodward,Local deed stamps •.
Prorated 1971 taxes • • • • . . • .
.{
$1,119.06
Total disbursements ........•$6,'9<46.0S l
INC 0 ME
RECEIPTS
None • . . . . •$0.00
DISBURSEMENTS
None . • . . . . . • • . • • .$0.00
'j
THE DAILY REPUBLICAN
MONONGAHELA,PA.
PROOF OF PUBLICATION
In compliance with the Newspaper Advertising Act of May 16.1929 P.L.1784,Sec.3.
paragraphs (3)and (25l.
County of Washington Iss:
State of Pennsylvania i
Personally :appeared before me,a Notary Public in and for said county and state.______~_~~~J..__JJ~g!:1:I:l?_~g~,who,being duly sworn,deposes and says:thaL J?_h~L_.__is
the p'gg_~_~_~_p'~_~of The Monongahela Publishing Co.,a Pennsylvania corpora-
tion,and its agent in this behalf:that the said company is the publisher of The Daily
Republican,published daily except Saturday and Sunday,having its place of business at
Monongahela,Washington County,Pennsylvania;that the said Daily Republican was
established in the year of 1846;that the printed notice or advertisement,attached hereto
is a copy of a.notice or advertisement,exactly as printed or published,which appeared
in the said newspaper in its regular issues on.the following.dates:
...~~~?_~_i.~~_~_y g_?.__9._1.J9.2.5.... . .._...._
Estate of John Ofcharik
that the affiant or the corporation in behalf of which ..E!h_!?________is acting is not inter-
ested in the subject matter of said notice or adver . . g and that of the allegations of
this affidavit as to the time,place and chara er f the pu are true.
_______________.....A_:;,.__~!l.&~.
..
---..--~--,.p'~.""'-"""'o::!!::===:E()1.A",_.">T1CE
Estate of JOHN M.OFCHARIK,deceased,late of Carroll Township,
Washington County,Penna.Letters Testamentary upon theaboveestatehavingbeengranted'to the undersigned.notice is hereby.given to those indebted thereto to'ma.ke immediate payment.and to
those having claims or demands topresentthemforsettlement.!
Mary E.Ofcharik181HighlandTerrace
I Donora,Pa..and
John M.Ofcharik,Jr.I P.O.Box 183I·Monongahela,Pa.
Co-Executors
ITEMPEST &SIMMON~Attorneys_2nd &Chess Streets
\
Monongahela,Pa
June 25:JUly 2.9.1965.
~--
Washington County Reports
Washington,Pennsylvania
(PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION)
PROOF OF PUBLICATION
In compliance with the Newspaper Advertising Act of May 16,1929,P.L.
1784 Sec.3,paragraphs (3)and (25).
COUNTY OF WASHINOTON )
STATE o~PENNSYLVANIA (SS.
Personally appeared before me,a Notary Public in and for said County and
Commonwealth,CHARLES C.KELLER,who,being duly sworn,deposes and
says:that he is the Editor of the WASHINGTON COUNTY REPORTS,the
official legal pertodical for said Washington County,publis'hed weekly having its
place of business at Washington,Washington County,Pennsylvania,and is act-
ing as its agent in this behalf;that the said WASHINGTON COVNTY
REPORTS was established on March 31,1920,and was designated as the official
legal publication for Washington County,Pennsylvania,by order of the several
courts of said County,dated November 11,1920;that the printed notice or adver-
tisement attached hereto is a copy of a notice or advertisement,exactly as printed
or published,which appeared in the said legal periodical in its regular issues on the
following dates:
....J.uly 1.~8.,.l5-,l9.65·············.·····.
that the affiant or the corporation in behalf of which he is acting is not interested
in the subject matter of said notice or advertising and that all of the allegations of
,hi,"fid,"""",'",;m~OM"''''of '~"Q'ioo ,re 'ro,~~Sworn to and subscribed ~this ~
.....!.5..~.~day of.....~~.!l ,196 .KA:::~:ftr:;~
Washington County,per.nUYIVfil'1ft -
My Commission Explro.
November 1,1985
Estate NotIces
The Register of Wills has granted letters.
testamentary or of administration,in the
following estates.Notice is hereby given
to all persons indebted thereto to make
payment without delay and to those hav-
ing claims or demands to present them
for settlement to the Executors or Admin-
istrators or their Attorneys.
•••••••••o ••o.e ••
OFCHARIK,JOHN M.,Dee'd.
Late of Carroll Township.Washing-ton County,Penna.
Executors:Mary E.Ofeharik 181
Highland Terrace,Donora,Penna.John M.Ofeharik,Jr.,P.O.Box
#183,Monongahela Penna.
Attorneys:Tempest &Simmons,2nd.
&Chess Sts.,Monongahela,Penna.
(•
~.-'<,,;:,1
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1-I
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IN ~RECOUE'l'OF Co.MMON J;lL;EJ\~.'OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
No.1092 of 1971
IN RE:
THE ESTATE OF
JOHN M.OFCHARIK,
Deceased
(~
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I
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;
~\
James M.Ferguson III,Esquire
TUCKER ARENSBERG &FERGUSON
.¥
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ORDE'RIi c1F .r.eOURT-_---"'"",:..::c:~~.~--~~.::-:..~~~~-~
1200 PITTSBURGH NATIONAL BUILDING
~~~U;G~p~;~X
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IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:THE ESTATE OF
JOHN M.OFCHARIK,
Deceased
)
)
)No.1092 of 1971
)
)
WHEREAS,the above named decedent died on April 24,
ORDER OF COURT
MADE this .AoJ!day of March,1973.
,
!
11 1965 and Letters Testamentary were granted on May 12,1965 to
I
Mary F.Ofcharik and John M.Ofcharik,Jr.as Executors of the
Esta,te .Qf John M.Ofcharik;and
WHEREAS,the First and Final Account of Mary F.
Ofcharik and John F.Ofcharik,Jr.as Executors of the above
estate was filed in the Office of the Register of Wills of
Washington County,Pennsylvania on July 31,1972 and a Hearing
on Audit was held on September 11,1972;and
WHEREAS,at the time of the aforesaid hearing,claims
against the Estate of John F.Ofcharik,deceased were presented
by Mary Jane Mundorff,Griffith Jones and Mary F.Ofcharik and
the adjudication of such claims was postponed until some future
date;
NOW THEREFORE,it is hereby ORDERED as follows:
1.A hearing will be held on the .~Ie -day of
Cr.<:t ,1973 at /tJ/dip ,,<I?zt for the purpose of taking
testimony on the claims of Griffith Jones,Mary Jane Mundorff,
and Mary F.Ofcharik and to consider any other matters which
·,.'....
may be properly brought before the Court.
2.Mary F.Ofcharik and John M.Ofcharik,Jr.,
Executors of the Estate of John M.Ofcharik,deceased,are
directed to appear at said hearing for the purpose of answering
questions and giving testimony relative to such matters.
-2-
"
'.
"--
Co
\
I'.
IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
NO.1092 OF 1971
IN RE:
ESTATE OF JOHN M.
OFCHARIK,
Deceased.
o R D E R
.,..~........I..•-....J •~-<;::I-<::::::0 :x::-__
>mc:-0 IenG":)(l)::0~(f)(f)m ..z --!1'~1 ~'-.I ........C:;I rn :-.,,_
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r-z
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BARNA AND BARNA
ATTORNEYS AT LAW\}~SEVENTH AND MCKEAN AVENUE.~cf-XNORA.CA.'5033
~J •
)
.-
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNS~NIA
ORPHANS'COURT DIVISION
IN RE:)
)
ESTATE OF JOHN M.OFCHARIK,)
)
Deceased.)
o R D E R-----
NO.1092 OF 1971
AND NOW this ;(~day of April,1973,it is hereby
ORDERED AND DECREED that the hearing originally scheduled in this
matter for April 16,1973,is continued to the ~~3...day of
__'7:z......."-1..a=:{~,~,1973,at_C;,,-t~:...;;.J...;;.d o'c1ock,g.m.
BY THE COURT,
-"-y--~/
if
IN THE COURT OF COMMON PLEA S
WASlUNG!OON OOUNTY.P~BSYI.VAEIA
ORPHANS'COURT DIVISION-
'",)
"<~,~
J
,-.r~~
.
.:l
.INRE:T.H:E ESTATE OF
JOliN M.OFCRARIK.SR •
....".DECEASED.
No .1092 of 1971.
o PIN I 0 :N-------
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"JB ~~t~~·
"",,",..~~I .0'-'::"-AJ"~::,.;:1 ~f'~~:-.-(.,C)<=~:.::.-~')~~7;:U~'"~~-~?:::;':~
{~rn"~~i...."n n _".-'-.~y ~~~~=:.:~.......-,..~\...)
.......'I~....>.;-,....
'.~
"
JUDGE
P.VINCENT MARINO
ATTOn...""EY AT LAW
WASHLVGTON,PENNSYLVAmA
•:\
/'-!j~,
:!
<----I»d 2~Z'lJiZ=3f1=
j
.-..A,.
......•..AIt-
IN TO..OOURT OF COMMON PLEAS OF
WASHINGTON COUNTY.PEtmSYLVANIA
ORPHANS'COURT~DIVISION
IN RE:THE ESTATE 01
JOHN K.OPORARIIC.SR.,
Deceased.
)
)
)No.109a of 1971.
)
)
OPnlION
John M.Ofcharik.sr.died on April a4.1966.and...
letters testamentar.r on his estate were granted on M~12.
1965.to Kar.v F.Ofcharik and John M.Ofcharik,Jr.,as execu-..
tors.An 1~vento17 was not filed antil M81 17.1968.The'"....-.
inheritanoe tax retQrn a month later.
A sQbatant1al portion of the estate waa real estate.
one of the exeoutors.the son.John M.Ofoharit,J~••oocupied
said real estate until it was plaoed for sale on December 11,-..
1971.It was Qltimatel1 sold to Gr1ffith Jones.who later filed
a olaim again8t.!~~e~tate.
The Fi~st and Final Acoount of the Executors was filed
•4 t ......_...~.......••4 _.......,
on Jul,31,19'2,and an aQdit was held on september 11,1972.
,j.•...,~'~..~..,_.~-~_.-~,-_...•
The Honorable Alexander R.Ourran presided at the aQdit.He..,...........e.._t
fixed a hearing for various olaims for April 16,1973.It waa
-&••.......
sQbsequently postponed to May 23,1973.The Honorable P.Vinoent•,...4.........~..,•~._~.
Karino presided at aaid hearing.Testimony was taken.The
~•.._.._...............,_~l
Court reqQested oonneel t~t~le.briefs.
a?':lJls~l...fo!RUdOlph G~Ofcharik.M&17 Jane Mo.ndorff.
Oatherine Ofohsrik and Edward F.Ofcharik (each entitled to
_.._..._~.4.'......0 •••
1/15 ahare of estate)filed $brief on Deoember 11.1973,and
...-.,- -,,..+- •
oo~eel for MS17 Ofoharik and John M.Ofoharik,Jr.filed a
brlef on JanQsry 18.1974.
Hence this opinion.
.....""-.........
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On Deoember ~,·1973.,The Court intormed cOllnsel that4"..•..........J ..__...~..,.......,_' •~•,•..•............
it was abollt to wr1te an opinion and reqll~sted br1efs,if
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available.On Deoember 11,1973,QOllnsel for fOllr of the heirs
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replied tbat he had conferred with his clients and they desired.~.....
anawers to the following matters:
1.Whether the ·Execlltora of the Estate ShOllld be"
stU-charged for tt;Le interest'·charges or penalties
that have aCCllmlllated with respect to the inher1-
tance'tax assessed against the Estate by the
Commonwealth of Penn~lvani8.--".
The exeolltora will not be sllrcharged becallse there was
..'
a fllr'ther assesSDlent by the Co_on.ealth of Inheritanoe Tax.It
"...-
was paid and there was still mon~remaining for the heirs bec811se
...Of ~9,'•
of the so-called Dwindfall"in the sale of the property.
2.Whether the clalm ofllary~Jan~J4l1Ildo~ff in the
amollnt of 1102.40 ShOllld be approved and paidbytheEatstee
The claim of Mary Jane MllDdorff in the amollnt of $102.40~..'."-'- -.
ahollld be approved and paid by the estate.,
3.Whether the'Execlltors'commissions ShOllld be
den1ed for the del~and mismanagement 1n theadm1nistrationoftheEstate',over a period of
time exoeeding eight (8)years •
...t,.
The Ezeclltors'commissions will not be denied or redlloed.
",
~
The del~was not ent1rely d~e to the negligenoe of the exeo~tors.
b~t to that of ma~others.
4.Whether JahnK.Ofoharlk.Jr.sho~ld relmbarse
the Estate of his father for rent in.a reason-
able amollnt for 'the peri od of tiJDe d~r1n8 Wh10h
he and his fam111 enjoyed fnll and exolllsive
possession of the real eatate~..
John K.Ofchar1k.Jr.will not be reqll1red to reimbllrse
#.....- •~.......
the estate for rent.Under the e1rcwmstancea he was already an
-2-
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ooonpant of the real estate on the death of his father.
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The
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delq after that oocasion was oa!J,s.ed by lIlany f$etora.
Oomplaint has als,Q been m.ade c.oncern1ng the ~ttorneJ"'s...
fees reqne8t~d by Attorney Tempest,w~o later became ill.We...-...-~,".~........,.
~e1ieve that under the eiroamatanoes they are reasonable and
ehollld be paid 41
Ootober 12.1974.
-3-
B1 the Cou.rt
V C1L ~~~_<-~
P.Vine·ent Mar1no~..
Speoial11 Sitting.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA
ORPHANS'COURT DIVISION
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IN RE:
ESTATE OF
JOHN OFCHARIK,
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HEARING ON MATTER OF CLAIMS
THE HONORABLE P.VINCENT MARINO,
Specially Presiding.
JAMES M.FERGUSON,III,of the firm
Tucker,Arensberg &Ferguson,Pittsburgh,
Pa.,representing four heirs.
CLYDE TEMPEST,ESQ.,of Monongahela,
Pa.,representing John Ofcharik,Jr.
PA UL BARNA,JR.,ESQ.,of Donora,Pa.,
representing Mary Ofcharik.
Wednesday,May 23,1973,at 11:,00 o'clock
A.M..-:.'''-,.
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JACQVELINE HAMMOND
Official Court Reporter
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Exhibit 1 -
Exhibit 2 -
Exhibit 3 -
EXHIBITS
1905 Catholic Calendar from the Transfiguration Churc h.
Monongahela.Pa .
Letter dated May 19.1905.addressE::d to Mrs.Mary
Jane Mundorff.from C.H.Snyder,General Superviso....
Employee Services and Training,United States Steel
Corporation.Irwin Works,Dravosburg,Pa.
Cancelled check dated July 12,1905.made to the orde
of Francis C.Slezak,Funeral Director.in the amount
of $340.00,signed by Mary Jane Mundorff.
INDEX TO WITHIN TRANSCRIPT
WITNESS Direct Cross Redirect Recross
•MARY @FCHARIK 7 10 15
as on cross
«JOHN OFCHARIK,JR.23z«>oJ>-IIIz EMMA FEDORCHAK 25 20 27 28zIIIQ,
i0l-e>JOHN OFCHARIK,JR.30z
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t-=MARY JANE MUNDORFF 40 58 080a:I-!!!•c
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claims.
MR.TEMPEST:
Mr.Ferguson,we are ready to hear your
Hr.Ferguson does have various claims,
but early this morning he presented us with a list of
personal items,personal property that some of it belonps
to the estate,some of it belonged to the various heirs
And during the recess,Your Honor,the attorneys got
together with their clients and agreed as to the dis
tpositionofthevarious items of personal property.
It was agreed that the items did not have any value,
were~all old items,but did have a personal value as
far as they were concerned.So a disposition has been
made.Attorney Ferguson will prepare a stipUlation
concerning all the items that were in question,and we
will execute the s.tL~J:rilitiLobY:and present that to the
Court to be made a part of the record.And that will
dispose of quite a few of the items.
I understand there are a few additional
claims that Mr.Ferguson would like to present to the
Court,but the items of personal property have been
agreed upon.
THE COURT:We will hear testimony at this time
concerning the additional items,Mr.Ferguson.
Mit.F.l!;RGU80N:Your Honor,in anticipation for this
hearing,I did not present a formal statement of object~ons
5
to the account,because at this point 't>lithout hearing
any testimony in this case,I was not sure of the exact
amount with respect to several claims that were involvec •
I will,after this hearing,if you so wish me to do,
I will present a formal statement of objections to
the Court.
to their being reimbursed.
First,they consist of several minor
matters,Your Honor,and I think we have a stipulation
also on one count---in the account that was filed on
July 31,1972 ,the accountant listed disbursement
of the estate'a funeral bill in the amount of $1,015.00
It was paid to the funeral home.And also,a flower
bill of $34.65.that was paid to one,Rocco's Flower
Shop.The funeral bill was correctly listed in the
Petition for Distribution as having been paid for by
three members of the family,namely,Catherine Ofcharik~
Mary Jane Ofcharik and Jolm Ofcharik,Jr.I would
assume that that claim is still admitted at this point.
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THE COURT:
MR.FERGUSON:
Yes.
Your position is that you have no Objection
Tha t's right,Your Honor.As to the
flower bill,it had come to my attention-~~again,this
is a small matrer that I hate to bother the Court with,
but evidently the flower bill was paid for by the heirs
6
and not by the estate,the six separate children,and
we would wish that each of them is reimbursed in an
equal amount for the flower bill.
THE COURT:Do you have the amount of that?
MR.FERGUSON:The amount is listed in the account,
Your Honor,and was $34.65.::!z<t>....>-Ul
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Is there any dispute about that?
i~tffi.TEMPEST:No,there is no dispute,Your Honor,
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Ul as far as our clients are concerned,or as far as the;
executors are concerned •
several other matters concerning the possibility of
at $10.00,and I believe the correct amount was $~.OO.
inadvertence on the account,an amount for the grant of
Letters as advertised in the Daily Republican was listea
There was one other matter,through
At this time,Your Honor,there are
That is correct.
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monies that might have come into the estate that~e
not listed on either the account or the Inheritance
Tax that I Would like to take testimony with respect to
THE COURT:Very well.
If you have no objections,I~d like to
to call ~~ry Ofcharik to the stand.
Mary Ofcharik
MARY OFCHARIK IS CALU:D AND S\10RN.
DTIlliCT EXAHINATION BY MR.FERGUSON:
Q Mrs.Ofcharik,where do you currently reside?
A Highland Terrace,lbl,Donora.
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Mrs.Ofcharik,at the time of your husband's death,was
he paying you support payments?
Yes,~e was.
And how were these payments made to you?Ivere they
made by cash or by check?
He would.seil:l the money to the Court and then the Court
would send them out to me.
Do you know of your own personal knowledge whether this
money was paid into the Court by personal check or by
cash?
I imagine it was sent 'by personal check•
~Q So that you believe that your husband did have a
II:IIIto~personal checking account?
II.
III~A He had a checking account when I was there with him.
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8 Q Now;Mrs.Ofcharik,if you will,I would like you to
.J«~remember back to July and/or August of 1965,approximat~ly...o
three months after your husband's death.During this
time did Emma Fedorchak bring a check to you for your
signature?
A Yes,she did.
Q And what w~s the amount of this check?
A $1500.00.
Q And now had this check preViously been signed by John
Mary Ofcharik
Ofcharik,Jr.?
A Yes.
Q So that this check was made payable to both of you.
A Yes.
Q
A
Did you sign this check at Mrs.Fedorchak's requ~st?
Yes.
At the time of signing this check,did Mrs.Fedorchak
indicate to you What would be done with the check?
Yes.She said it was going to go into the estate.
Do you know what ultimately happened to tnis check?
No,I don't.
And has tnis check been listed in either the Inheritanc~
Tax Report,the Inventory or the Account filed in the
estate?
I don't know.
Do ~u happen to remember when Mrs.Fedorchak brought th s
check to you?
I have the evidence here,if you want to see it.
Yes,I would.And I think the Court '-TOulct appreciate
seeing it.\fuat you hold in your hand·,I believe,Mrs.
Ofcharik,is a calendar,is that correct?
A That's right.
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Q And this is a calendar for the year 1965.
A That's right.
Q And on that calendar,what do you have noted?
A "Signed check for Emma,insurance.It I meant that it
was an insurance check that she told me Johnny had given
Mary Ofcharik
her to come for me to sign,and that it goes into the
estate.
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Q And what date was that that she came to you?
A Fifth of August on a Thursday.
Q Now tnat's the calendar that you kept at that time.
A Yes.
Q This is not a calendar that you have made up subsequent~y
to that date?
A No.It1s ·65.
Q would Your Honor like to see that?I'd like to mark
this as an exhibit.
A I went to see Mr.Capano on saturday,and Mr.Tempe st 0 ~
Honday to tell him about this check.
Q Now when you saw ~~.Tempest,did he give you any indication
of what the check was or what was to be done with it?
A He told me I should have kept it,since it was in his
name and mine.
Q Then he told you you should not have signed it,is that
right?
A Well,I should have-·,
Q You should have kept the check yourself and not let
gmma have it.
A Yes.
Q Your Honor,I have no further questions at this time.
I would like the right to reserve to recall Mrs.Ofchar~k.
THE COURT:Cross examine.
Hary Ofcharik 10
CROSS EXAMINATION BY MR.TEMPEST:
Q Mr s.Ofcharik,you mentioned several things.One,you
went to Attorney Capano,is that correct?
A Yes.
already testified that she returned the check
to Emma after she had signed it.
that I went down to see you.
Did you bring the check with you?
No.I gave her the check.
Did you take the check with you?
No,I told him about the check.
vJhat did you tell him about the check?
I think,Your Honor,sh •sMR.FERGUSON:
That he sent Emma for me to sign the check.
That John Ofcharik,Jr.sent Emma?
Yes.But they both deny it,that there was no check.
Did you talk to me about it?
Yes.Because I have it marked here on the calendar
Did you call me on the telephone or visit me personally'
No,I went down personally to see you.
And you related about this check to me?Q
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A Yes.
Q Who were the makers of the check?
A It was the Colonial Insurance.
Q Colonial Life Insurance Company?Is that What you are
saying?
Mary Ofcharik 11
A Yes.I'm almost positive that it was Colonial.
Q It would be possible to check with Colonial Life Insura ce
Company,wouldn't you think?
never came.
Yes.
here?
And this is Mrs.Emma Fedorchak you are talking about
She was there about once or twice,and after that she
And have you done that?
no.
occasion concerning estate matters?
Did Emma Fedorchak ever come to see you on any other
Yes.
What was it concerning?Checks?Did it concern checks
'~lell,for when he would give her the checks,that he
couldn't bring them himselt;for me to sign,so she came
about once or twice.
About how many checks did you sign for her?
I couldn't tell you.But I know of this one,because
I marked it on my calendar.
Do you know where the insurance company is located,
their home office?
A No,I don't.
Q Did you notice that on the check?
A No.
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~fuo was it made payable to?
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John and myself.
The exact names.Did it have any other designation?
No.
Did it have John M.Ofcharik,Jr.?
Yes.And Mary F.Ofcharik.
Did it have executors on it?Did you see that word on
there?
No,I didn't.I didntt notice it.
Do you know whetner or not your husband ever had life
insurance with the Colonial Life Insurance Company?
No,I don't.
Did he have life insurance with them during the time
you lived with hi.m?
No.
At the time he died,you were separated and he was
paying you support,is that correct?.
Yes.
What was the date of your separation?
14th of May,1950.
And the date he died was what?
April 24,1965.
It was about seven years that you were separated prior
to his death.
Yes.
Now you also mentioned the fact-·-you don I t know about
his life insurance then.
12
A.No,I donlt.
Q Do you know whether he had life insurance?
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A Well,he had a lodge in Charleroi.That's the only one
I know that he had.
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Q Were they insured by Colonial Life Insurance?Did
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No,I don't think so.
You also mentioned the fact that your husband may have
had a checking account.Is that correct?
Well,he had While I was there.
That was 7 years prior to his death.
Yes.
Do you know what bank?
With the w.P.N .B•
Are you indicating then that there may have been a
checking account at the time he died and it is not in
the account?Is that the purpose of your testimony?
\~e were separated 7 years and I couldn I t tell you what
he did in those 7 years.
Have you checked with the bank to see whether there
were any accounts?
No,I didn It.
Did you show tnis check to any other person at all?
No.
Was anyone in your home at the time Mrs.Fedorchak came'
No.
Has your attorney made any effort to contact this insurcnce
company to determine whether there was such a check?
A No.
Hary Ofcharik 14
Q When did it first come to your attention that the check
was not accounted for?
A Well,when I got the accounting of the estate,you know
the funeral accounting and everything,there was nothing
in there.
Who did you notify then?
I don't know whether I said anything toJOu about it or
not,because I went to see you about four or five times.
No,the accounting was just prepared within the last ye~r.
Yes,but---oh,I mean---Iet's see,didn't we have an
accounting after the funeral?
No.Not that I recall,no,Ma'am.You are talking
about the account that was filed here and that was
prepared within the last year.You haven't seen me in
the last year,have you,to talk to me?
No,I haven't seen you in about three or four years.
You haven't seen me for a bOut.three or four years?
Yes.
Q
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vfuen you received the account and it wasn't on there,
who did you notify,if you recall?
I didn't say anything,only to Ed there,and Mary Jane.
You didn't call the co-executor,John Ofcharik?You
didn't talk to John Ofcharik about it?
A Oh,yes.I told him about that check and he denied it.
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A He said he didn't send her up with no check.
Q When was that,Ma'am?
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Mary Ofcharik
About a month after the check was signed.
That was in 1965.
Yes.
Where did you see John at that tim e?
Well,we talked on the phone.
This was a telephone conversation,is that right?
15
A Yes.I reminded him of the check and he said,"VJhat check?"
Q
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He says he didn't know of any check.I said,"Naturally,you
wouldn.tt."I said,"You sent her up there with it."After all,
I wouldn't make up the story,'because I lave the evidence here.
Did you know that there was an account in the bank naming Mr.
Ofcharik and three of his children as co-owners of a bank accou :It?
No.After I left him I don't know what went on.
That's all I have.
REDIRECT EXAMINATION BY MR.FERGUSON:
Q
A
If I may just redirect for a minute,Your Honor.Mrs.Ofchari ,
do you remember or if you can't"I would appreciat~you stating
it for the Court's benefit,do you remember whether or not the
name executor was on that check or not?
I couldn't tell you,because when she came I knew that she was
lying about that check.And I just signed it and I just about thre"l,
Mary Ofcharik 16
her out.
MR.TEMPEST:If the Court please,I dm It
know whether this is responsive to the question or not,
or whether itls admissable in the testimony,what her
responsive.Do you wish to have it stricken?
was on that check.
No,I don't.
money to John Ofcharik,Jr.?
It w ill be stricken as not
It doesnIt appear to be
I object to it.MR.TEMPEST:
THE COURT:
THE COURT:
feelings were.
responsive.
Mrs.Ofcharik,do you know of your own personal knowledge
You can only answer the questions that I ask you.I was asking
solely whether or not you remember whether or not executor
and away she went.
I couldn't tell you because I just signed it and I gave it to her,
whether or not Emma Fedorchak and her husband had ever loanE d
If I may,at this point,Your Honor,res erve the right to recall
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get every.lthing out of the way now?
THE COURT:We would prefer to have helro
Mary Ofcharik 17
fully examined at this time,if you can.
Q Mrs.Ofcharik,you have previously testified that you ceased to
live with your husband since 1958.Is that correct?
Yes.
exemption,as I understand the law.
That's right.
grounds for divorce at the time she left her husband.
May I interrupt for a momE nt?
Only after I get sufficientMR.FERGUSON:
MR.BARNA:
That's the only way she's able to claim the family
testimony to assure me of whether or not there were
Are you cbjecting to her claim for the family e xemptiol1.?
Now in this case,your attorney has filed for your benefit a
to receive the family exemption.
claim for the family exemption.You are aware of that?
Ofcharik,but we must have testimony concerning your right
I hate to bring up or remind you of any unpleasantness,Mrs.
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a moment.She has made claim,I understand,for the
family exemption.And as I understand it,counsel for
one of the executors appears to be willing to pay that
exemption according to law.So that if he is willing to
Mary Ofcharik 18
pay the exemption,if there is no dis pute about it,ther
no further testimony is needed.
MR.FERGUSON:I think,Your Honor,tha t
as I understand the law,and please correct me,the fa nily
divorce at the time she left their known domicile.
of the executor,John Ofcharik,Jr.,we have no
husband in this case,gave grounds for divorce to the
then we shall have the proof.
That is approximately corr ect,
If the Court please,on behlilfMR.TEMPEST:
THE COURT:
exemption is payable to a~surviving spouse,even thougl
thing I would like,Your Honor,is some testimony as to
the exemption.So therefore,there is no proof needed
but as I understand it,there is no unwillingness to pay
the family relationship has not been maintained,if the
If there is any unwillingness to pay the exemption,
whether or not she did,in fact,have thes e grounds for
wife when she left their common domicile.The only
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objection to the claim for the exemption.
THE COURT:How about the other one?
MR.TEMPEST:She is the Executrix.
THE COURT:She is the Executrix,and
is there any dispute about her being entitled to the
Mary Ofcharik 19
exemption by anyone?
MR.TEMPEST:None whatsoever.
MR.FERGUSON:My heirs possibly dispute
that claim,Your Honor .
circumstances here that I think one of the executors,
disputes,I'd like to have their names on the record,
John Ofcharik,may have been res pons ible for Mrs.
this in chambers,I would be glad to.
Your Honor,there are
I don't think they can at this
The persons I represent,
MR.FERGUSON:
MR.TEMPEST:
THE COURT:
Your Honor,do not dispute it.And if there are any
time.
neither has Emma Fedorchak disputed her claim,and
Orcharik leaving her husband.If you would wish to dis(uss
also the executrix•
because Mr.Ofcharik has not disputed her claim,and
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MR.FERGUSON:It would make his consent
tainted,Your Honor.
THE COURT:That would make no differ{nee,
Mary Ofcharik 20
because as long as she has a proper ground for claimir r;
the exemption and there is no dispute about the grounds
for claiming the exemption,she is entitled to the exem ption.
And no tes,timony is needed.
if there has been an insurance policy,if there was a
to object to all the testimony presented here by Mrs.
cashing of the check,that it had to do with the ins uran<e
Mary Ofcharik,inasmuch as I believe that it doesn't
At this time,I would like
Fine,Your Honor.I have
You mean the heirs cannot
The heirs cannot dispute it.
MR.FERGUSON:
MR.TEMPEST:
MR.FERGUSON:
THE COURT:
proceeds,I think the best evidence of that claim would
satisfy the Best Evidence Rule.If there is a check,
no further questions.
dis pute that?
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be the photostat copies of the check,the insuranc e
policy or even a letter from the insuranc e company,
stating that the re was such a check made payable to
certain beneficiaries;and none of that has been pres ent d
here today,,e>ther than the testimony of a witness.
THE COURT:The obj ection is overruled
21
The Court will apply the Best Evidence Rule in making
its decis ion,180 that if we feel that she does not have tr e
proper evidence,that will affect your claim.
MR.BARNA:Your Honor,for the recor<,
I'd like to s tate that this is the first notice that we
received of any objection to Mary Ofcharik's claim
for the family exemption.And even in talking with
Mr.Ferguso n prior to this hearing,there was no
indication that there w oold be any objection or when.
THE COURT:
ever received?
MR.BARNA:
THE COURT:
You say the first notice yO
Of the obj ec tions .
Of the objection?I underst3.nd
that there is no objection.I have heard no objection
to her claim thus far.
MR.FERGUSON:Your Honor,I concur in th3.t.
Vile did not know whether or not she did have the grounds,
we did not want to unilaterally fore e an objection to the
claim,but we concur in your decision in this matter.
THE COURT:I understand there is no
22
objection,and therefore,we will not consider it.
MR.TEMPEST:I'd like to call Mr.John
Ofcharik.
involved to the stand,and also question them.
M.Ofcharik,Jr.at this point.
as your witness or areyou callir:g:him as on cross
to pursue this $1500.00 by calling the other party
You are calling Mr.Ofcha ik
You may do that.
I would like to call John
The .;check that allegedly
Your Honor,I would wish
What $1500.00 are you tall ing
MR.FERGUSON:
THE COURT:
MR.FERGUSON:
THE COURT:
THE COURT:
MR.FERGUSON:
examination?
Mrs.Ofcharik signed .
about?
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witness,Your Honor.So Iwould have to 'call him as
on rross examination.
THE COURT:Very well.
John Ofcharik
JOHN OFCHARIK IS CALLED AND DULY S\VORN.
AS ON CROSS EXAMINATION BY MR.FERGUSON:
Q Mr.Ofcharik,I would ask you also to remember the events
some time around August of 1965.Do you remember receiving
counselor.He said he doesn't recall.
in the amount of $1500.00?
No,sir.I do not recall.
You are stating for the record and under oath then that you nev r
He didn't state that,THE COURT:
Do you remember or did you ever sign your name to a check
received and/or never endorsed,ever signed your name to a
check in the amount of $1500.00.
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No,sir,not that I can remember.
I also take it that you never transmitted to your sister Emma
Fedorchak a check in that amount for your stepmother to sign.
That's right.
Q your Honor,I have other questions for Mr.Ofcharik,but not
on this partidular matter.
THE COURT:We will hear them at the p oper
time.You are excused,sir.
John Ofchar.ik
EXAMINATION BY MR.TEMPEST:
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Q
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May I ask the witness one question?Do you recall whether ~r
not your father had any insurance with a Colonial Life InsurancE
Company?
Not that I know of,sir.
With an insurance company known as Colonial?
No.
Was there any insurance with the Continental Insurance Company?
Continental Insurance.
Did you receive proceeds from the Continental Insurance Compap.y?
Yes,sir.
How much?
I think the total is $84.00.
Was that duly accounted for in the account?
It was,sir.
That's all.
(Witness excused).
MR.FERGUSON:I'd like to call Mrs.Emma Fedorchak to the
stand,Your Honor.
-.-------111-------------------------------------+---,
I'~---------..----------------------------
Emma Fedorchak
EMMA FEDORCHAK Is CALlliD AND DULY Sworm.
DIRECT EXAMINATION BY MR.FKKGUSON:
25
A Emma Fedorchak •
Q What is your name?
Mrs.Fedorchak,where do you presently reside?
1320 Armstrong Drive,Monongahela.
Again,I ask you similarly to your stepmother and broth r,
to remember back to 1965.Did you ever take receipt
of a check from your brother in the amount of $1500.00?
Not that I recall,no.
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that I recall,no.
I can tt hear •
The answer was,not
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I have no further questions,Your Honor.
Emma Fedorchak
CROSS EXA11INATION BY MR.lliMPEST:
26.
Q Mrs.Fedorchak,did you ever have occasion during
the year of '65 to visit Mrs.Mary Ofcharik?
A I visited her twice.I couldn't say if it was '65 or no •
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Was it with reference to a cheek?
No.One was a social call and the other,I didn't eve
get out of the car.
Was it with reference to the estate,you say?
No.The first was a social call and the second time we
went to visit her but we didn't even get out of the car
She was leaving the house.
During the social visits,was any estate matter transac~ed
in the way of money or checks?
No.
Did you ever take a check to ~~s.Mary Fedorchak for
a signature?
No,I did not.
Do you know whether your father had any insurance with
Colonial Insurance Company?
No,I wouldn't know that •
That's all I have.
THE COURT:
MR.FERGUSON:
further question.
You are excused.
If I could j U$ask one
Emma Fedorchak
REDIRECT EXAMINATION BY MR.FERGUSON:
Q ~~s.Fedorchak,did you and your husband ever loan
money to your brother,John F.Ofcharik?
A Yes.
27
MR.TEMPEST:I object to this,Your
Honor.I don't know whether this is material
question.Will you answer that,please?
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believed---
THE COURT:
Yes,we did.
And how much was this loan?
$ltlOO.OO.
Your Honor,it is
We will permit the
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And has thi::>been repaid?
Yes,it has.
And when was that?.
We loaned it to him in November and he paid it in
Decemoer.
Of what year?
I don't know if it was '65 or '66.
Thank ,you,Your Honor.I have no further que stions.
Emma Fedorchak
RECROSS EXAMINATION BY MR.TEMP~ST:
Q Just a moment now.Do you know where Mr.John F.Ofchar ,k
got the money to repay you that $1000.00?Yes or no.
Do you know?
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Yes.
Where did he get it?
From an insurance company.
What insurance company?
I don't know.
Who were the beneficiaries of the policy,if you know?
Catherine Ofcharik,my sister,Mary Jane Ofcharik MundoJff,
my sister,and John Ofcharik,my brother •
And they each received one third of the insurance po1ic~,
is that correct?
Yes,they did •
And what was the face amount of the policy?
$7500.00.
Out of his share he paid his loan to you,is that what
you are saying?
Yes.
That I S all I have.
,-------------..------------------------
Emma Fedorchak
CONTINllliD REDIIlliCT BY MR.FERGUSON:
29
Q Mrs.Fedorchak,I don't mean to prolong this,Your Hono',
but when did your brother receive the proceeds of that
insurance?Do you remember?
A No,I don't.
Q Was it July of 1965?
s~A I don't think.I would say more like,the fall or winter
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the loan from us and paid it back in December.
Q No further questions.
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that Jonn repaid the loan out of the benefits of tnis
Corporation which Mrs.Fedorchak has just testified to,
evidence,this is a statement of the United States Stee
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one insurance policy.The letter is an indication that
this amount of $2500.00 was paid to these people in
July of 1965.
MR.TEMP~I:)T:
MR.FERGUSON:
It says May.
In May of 1965.If I may offer this int)
evidence,Your Honor.
T~COURT:
evidence?
MR.FERGUSON:
Are you going to offer'that calendar intc
Your Honor,if I may call John Ofcharik 0
30
the stand again.
THE COURT:Is counsel going to offer these exhibits
~z into evidence?~....>-Ul~MR.F.I!:RGUSON:Ye s,Your Honor.
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i:~in our mind.We have two exhibits here,gentlemen.One
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and made part of the record.You may continue.
exhibit,the calendar,with the markings on it,and
the other exhibit,the letter from United states steel,
offered in evidence.Is there any objection?
JOHN OFCHARIK,JR.IS CAL~D.
EXAMINATION BY .MR •.FERGUt>ON:
Q Mr.Ofcharik,your sister has previously testified
that you borrowed money from she and her husband,I bel....eve
her husband's name is Tony.Is that correct?
A That's correct.
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No,Your Honor.
Both exhibits will be received in eviden~e
Q Perhaps you have a better recollection of those dates.
John Ofcharik
31
when was that paid?Or when did you repay the loan?
I'd say it would be closer to May,because my dad died
in April.And it was during that time,just shortly
after the funeral that I bought the dozer.
So you are essentially contradicting your sister's
previous testimony of the loan situation as to the date
only.
As to the dates,yes,sir •
Now,Mr.Ofcharik,I'd like to take you back to,if
possible,the night that your father died.I believe
that you were present at his house with your sisters
a nd brothers.Is that correct?
A That is correct.
Do you remember when you borrowed the money from them?
A I don't lmow the exact date.I know of the month,1:ecal se
it was just shortly after my dad died.I was going to
purchase a dozer,and I needed the money to purchase
the dozer in the amount of $1000.00.And I already had
found out I was a beneficiary of my dad's life policy,
that I would be receiving the money within a short whilE.
And with that knowledge,they let me have the $lbOO.OO,
and I repaid them as soon as the check came in.
When was that check that you refer to that came in,
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Q Do you know of your own knowledge or do you have reason
to believe that your father had a checking account at
the time of his death?
A He had a checking account.
John Ofcharik
Q And why doesn't that checking account show up on the
32
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Inventory?
I,t does,sir.
\fuere?
The first item,$263.00.
So the item that you show as bank deposit,Western
Pennsylvania National Bank,Monongahela,was this a
bank deposit into the executor's account?
Yes.,
So that's why you listed it this way,rather than havin~
it listed under the decedent's checking account.
That is correct,sir.Mr.Tempest was with me when we
deposited the money.
Now going back to the night of your father's death,I
believe the decision Was made,and I want you to correct
me on this if 11m in error,I believe the decision was
made for the four of you to go through your father's
personal effects in an attempt to find a Power of
Attorney.Is that correct?
I believe that is correct,sir.
o And in doing this,did you,along with your brothers
and sisters,assemble various documents and cash
that your father had at the time,:of h:1S:.death that even Lng?
A Yes,sir.
Q What kind 01'documents were these?
A I believe life insurance policies and his wrist watch,
or his pocket watch,vatious jewelry.
John Ofcharik 33
Q So that when it came time for you to make applications
for these insurance po1icies---1et me ask you,where
were these documents put?
A Where were they put?
Yes.I mean-,,-a1l right,let me rephrase that question.
When you gathered'up'·:all .the"-:dlocuments,were they put
in an envelope?
Yes.
Q
A
Q
And when you later came to apply for the insurance
policies,did you open that envelope in order to get tru
insurance policies out?
Now this stuff that was put in an envelope didn't conta n
the insurance policies.
I thought you just said it did.
I said his jewee·u.YJ like his ring,his pocket watch,
his wallet,was put in this envelope.
What else was put in the envelope then?
I don't recall,sir.
Was the deed to the real estate put in the envelope?
No,sir.
And none of the insurance policies were put into the
envelope?
No,sir.
·What happened to the cash that your father had at the
time of his death out at the house?
A At that time we divided it up among the grandchildren.
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John Ofcharik 34
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Since I was not married,I didn't receive any money.
You divided it up among the grandchildren?
Right,sir.
Which grandchildren,exactly?
As I recall,there was only my sister Emma had children
and my brother ,Ed -had children.
So that this money then went to their children,Ed and
Emma.
That's right.
I would say.so,sir,Yes.
Was it over $100.00?
That I couldn't say.I don't recall what the real amoun
was,but it wasn't much.
Did you at this point realize that it was your duty
as the executor of the estate or the potential executor
of the estate to collect all of the assets of your
father's estate and maintain them for the benefit of
Do you recall how much money this was?
No.
Was it over $50.00?
A
the heirs of the estatt:l?
At that time,no,sir,I didn't know I was going to
be the executor,even.
Q Why did he give it to the grandchildren?Was it becausl
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would be a good idea?
A We had no knowledge of the \'1111,sir,at that time.~ve
John Ofcharik 35
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Now if I may,Mr.Ofcharik,Itd like to ask you certain
matters.In any event,this money that y ou found that
night wa s never then included on any Inventory in the
estate.Is that correct?'
No,sir.
The next day?
I wouldn't say the next day.It might have been two day s
later.
just came up with the idea that night.
When did you find the Will?
I believe we found,it that night,sir.
I thought you said you had no knO\'11edge 01'the Will.
that night.
I think the Will was there,sir,in the desk with the
papers.
So in other words,you did know the contents of the
Will that night.
I dontt think we read the Will that night,sir.I think
we took the Will to the lawyer.
Which lawyer is that?
I believe we took it to Capano at first,and then I
took it to Mr.Tempest.
\Vhen did you take it to Capano,the night your father
died?
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Q Or in the Inheritance Tax appraisal.
A Right,sir.
John Ofcharik 36
Q But yet you signed these two documents stating that
.these were all of the assets of the estate of'your fathE r,
is that correct?
A I signed the papers,yes,sir.
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Now in the administration of the estate,Mr.Ofcharik,
did you ever apply for the Social security death benefit?
Did I,sir?
Yes.
No,I dontt believe I did.
vlhy not?
I believe my stepmother was receiving Social Security.
Itm sorry,I did receive it,yes •
You did receive the Social Security death benefit?
Yes,I did.
What happened to that money?
I had the major portion of it applied to the funeral.
I believe we have already admitted the claims of three
people in which the total bill wa s paid for by you and
Catherine and Mary Jane Mundorff.Is that correct?
That is correct,sir.
Who did you apply the $255 to?Excuse me---what was the
amount of the death benefit?
I dontt remember,sir.
Q Was it a couple hundred dollars?Would it be reasonabl~
if I told you the usual amount received is $255.00?
A Would I believe it?
Q Yes.If you think that the amount was around that.
John Ofcharik
A I couldn't tell you what it is,sir.
Q What did you do with the benefit,the check?If you
applied for it,it came in your name.i'Jhat did you do
with it?
I don't recall,sir.
I thought you said you applied it towards the funeral?
I'm getting two things mixed up,I believe,sir.My wif
1s going through the materiarr there now.
What are you getting confused on?
This Social Security that you're talking about.
Im not talking about insurance money that you received.
What I'm talking about is the Social security death
benefit.You would have received this and you should
have made application for this to the Social Security
Administration.
I can1t recall if I did or not,sir,really.
You previously say that you thought you did,but you
are not sure.
I'm not sure,sir.
Mr.Ofcharik,it was determined,I think you filed the
Inheritance Tax in this estate approximately three
years after the date of your father's death.Is that·
correct?196~,does that sound right?
A well,here,let me do this---
Q Is this document the one that you signed and had filed?
Is that the Inheritance Tax Report?
A Yes,that's my signature.
John Ofcharik
Q When was that report filed?
A May 14,1960.
Q Approximately three years after your father's death.
A Yes.
30
Q Were you aware at the time that those reports are suppo ed
to be filed?
don1t know what the attorney is trying to g~t
at here,but we had problems in the preparing
~of these papers because of non cooperation.
Now we had this property appraised,the real
estate appraised and we all agreed to these
figures.As far as the delay in filing any of
the papers are concerned,I can take the respon:1-
bility,but the reason:for filing late was
not the executor's sole responsibility.It was
the responsibility of all the heirs.They
weren't talking at that time,Your Honor.
I don't want them to put an unreasonable burden
on the executor;e I will take the responsibilit~;
I don't want my clients harassed about the lateless
of filing papers because his clients are as rouc]
responsible as mine was.
Q I will withdraw that question.
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If the Court please,I
Thank you.
Q And shortly th~reafter,'..on the tax in that estate,
John Ofcharik 39
A I can't recall,sir.
Q If I show this to you,I will offer this into evidence,
the report of the Inheritance Tax appraiser,this was
dated June 5,1960,is that correct?
Yes.
And have you paid that tax?
And the tax is shown as $95.tS3.Is that correct?
That's correct.
,Not to my knowledge,sir.
Why not?You had funds in your bank account sufficient
to pay tnat tax at that time.
I realize that.I
If the Court please,
HR.FERGUSON:
MR.TEMP.l!:ST:
was just---
that is a misstatement.The funds were deposite
in the name of the co-executors.One of the
.executors would not sign the checks.lid like
him to state the record as it is.The account
was not in his name,but in two names.
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sign it without the signature 01'the other part IT.
Q Mr.Ofcharik,did you attempt to have a check signed
for the tax in tni~case?
A No,sir.
Q So you never made up a check and presented it to your
John Ofcharik 40
stepmother for her signature.
A For that amount,sir?
Q For that amount.
A No,sir.
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So in other words,has the amount been paid to date?
To my knowledge,no,sir.
Mr.Ofcharik,you lived,after your father's death;
you lived on his property,is that correct?
That is correct,sir.
Ey yourself until you married your wife in 1967,is tha
correct?
That is correct,sir.
And after that date,did you and your wife continue to
reside on that property and·in sole and exclusive
possession of that property until its sale,and the
closing on March 13,1972,I believe?Is that right?
All except for a couple months.
During this time,albeit a period of six years,did
you ever pay rent to the estate for your use and posses ion
of this property?
No,sir.
I have no further questions,Your Honor.
HR.FEHGUSON:These are already on the record,Your
Honor.I don't see any point in putting them in as exhi bits.
HR.TEMPl!;ST:If the Court please,there's been at lealt
41
an inference here possibly there is a Social security
check that~sbeen misapplied or ,never applied for,or
whatever it was.'I have.a letter here from the Departmlnt
of Health,Education and Welfare,stating that the
Social Security check in the amount of $553.00 was
sent directly to'the Slezak Funeral Home,Third and
Fallowfield'Avenue,Charleroi,Pa.
THE COURT:
MR.TEMPJ:!:ST:
How much?
It was $553~00.And it represents
unpaid ben~!itswhich were due the deceased individual.
THE COURT:Well,what we want to ]mow is whether or
not it ('includes the death benefit.
MR.TEMPEST:I will read the first paragraph.Yes,
Your Honor,it does include it.I will read the letter,
the paragraph here that refers to this.It says,"Your
recent claim,"and it's addressed to John F.Ofcharlk,
Jr.,"Your recent claim for the lump sum death payment
on the Social Security account of John M.Ofcharik has
been approved.A check for $553.00 will be sent as
you requested to Slezak Funeral Home,Third and Fallow-
field Avenue,Charleroi,Pa.,15022.This includes
unpaid benefits which were due the deceased individual.'
And I have the original funeral bill here in the amount
of $1,015.00.And that's what we included in our
accounting.And that was marked paid on July 22,1965.
42
It1 s signed by Frances C.Slezak.But it doesn 1 t say Whc
paid it.
MR.Ff:RGUSON:I think,Your Honor,we have got a que st~on
here of either the funeral home was over~aid by $500.00
or the three heirs whose claims were admitted ar~not
entitled to that amount.:Do you have the check that
.
my client always came to my office with all the checks
and everything he received.He was in constant touch
point,if the attorney or the other parties are going
to make claims,I think they should have more to
substantiate the~r claims,rather than leave them as
innuendos.And the idea is that maybe my executor is
misapplyidg'funds.I really don't like to leave that
impression with the Court.There is no intention here
to cheat anybodY,especially heirs of the estate.And
you paid ·Slezak's?Do you have any remembrance of payirg
ltd have to go through my box.
,The only point Ifd like to make at this
him $340.00?
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with me.That was John Ofcharik.But whatever claim
they1a like to present,I'd like them to have a little
more than a cross examination of one of the executors.
MR.FERGUSON:I Wholeheartedly concur with Mr.Tempest
I got into this case in April when these people came
to me and said that they could not get the estate
either.The funeral bill might have been $1500 or
$1600,and the balance due is what they paid.I don't
knowwha t his bills were.I don t t think we can say
here categorically he was overpaid.
I would like to offer into evidence,
Your Honor,on behalf of Mary Jane Mundorff,her check
made payable to Franc1s C.Slezak,and endorsed on the
back by him and cancelled in the amount of $340.00.
Now this is true of the other two which I would have
no reason to suspect that it was not;it appears that
Mr.Slezak was overpaid by the tune of $553.00.
settled.I have ,only heard up until this date one
side of the story,your Honor."My sole purpose in gettir g
testimony from the executors is to hopefully clear up
some of these matters.We either have here an over-
payment of the funeral bill by the amount of $500.00,
which money should then go back into the estate,or
the claims that were previously admitted should not
be admitted.
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MR.FERGUSON:
I don't think that's a fair statement
That I s the other alternative,Your Honor
The question still stands though as to whether or not
we continue to admit the three claims previously filed.
MR.TENPEST:I thought they were admitted.I thought
everyone testified they did pay that.
'+4
HR.FERGUSON:I was wondering,if the funeral bill was
$1015.00 and not fifteen something.
MR.TEl1P~BT:The only bill I got was the $1015.00
fuat the three heirs had paid.I do have this other
letter stating the Socd-alLSecurity sent another check
to Slezak Funeral Home.
to find out what had happened to the Social security
witnesses that you desire to call?
the funeral bill was $1500.00.My question was solely
death benefit if one had been paid,because it did not
Your Honor,the wife of the
You may do that.Are there any other
Then we will have to go on the basis
appear in anything.
decedent,Mary Ofcharik,believes she does have the
funeral bill at her house,the total bill,And perhaps
to clear up any misunderstanding about this matter,
"fe should have her 'send this to you or to me and I coul<
forward it to you.So that any doubt,etc.with respec
to this can be resolved satisfactorily.
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summarize the reasons I have asked the questions that
I have in the past and I would also like to present
a claim for the payment of expenses incurred by Mary
Jane Mundorff in this case.And I would like her'to
take the stand if no one has any objection.
MR.TgMPEoT:Itd like to have an offer on.this,seEi:'
45
if it's a valid claim and what the claim is for.I'd
like to have an offer made on it.
Your Honor,'and I would like to request that some
testimony of 11rs.Mundorff be taken with respect to thi~
claim and other matters.
one lives in the state of California.,in order to discus~
the estate •.I don't think it's a proper claim for the
estate.And I would object to the presentation 01'such
a claim.
type of petition or whatever this might be.If the
Court please,I object to this claim.I don't think
it's a proper claim to present to the Court,and charge
the estate for telephone calls made by one of the heirs
to two other heirs~-one lives in North Carolina and
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MR.FERGUSON:
THE COURT:
MR.FERGUSON:
THE COURT:
We will have your dffer,sir.
This is the first time I have seen any
I have an itemization of the charges,
You say and other matters?
Yes.
~fuat are the other matters?
MR.FERGUSON:Her attempts to bring about a rapid
administration of the estate and the attempts at least
~----------..-r--------------
of one executor to preclude the rapid administration
of the estate.-I think this will go to potential sur-
charge actions.
THE COURT:
MR.FERGUSON:
THE COURT:
*e will hear some of her testimony.
It will be brief,Your Honor.
The Court is not ruling at this time
that the testimony with respect to telephone calls is
admissable or inadmissable.we are just going to hear
her testimony as presented and we will rule from time
to ,time.
MR.FERGUSON:With the Court~s permission,I would
like to call 11rs.Mundorff to the stand.
MARY JANE HT.1N"DORFF IS CALL.t:D AND S\V'ORN.
EXAHINATION BY MR.FERGUSON:
Q Mrs.Mundorff,lId like,as similar testimony presented
lId like you to go back to the night of your father's
death.would you briefly relate to the Court what
transpired on that evening?
A Yes.I was at the hospital with my father,who was in
a coma at the time,and I received a phonecall on the
hall telephone.The nurse informed me that the call
HWldorff
was for me,at which time my sister Emma was on the
phone,requesting that I go to the farm house to meet
the rest of the family.My husband and her husband
were to relieve me and ·stay with my father.
Q So you went home?
A Right.
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Now while you were there,did you and your brothers and
sister-get together what you at that time considered
to be the important personal papers of your father and
place them in an envelope?
Ye s.My brother wa s here from North Carolina,and he
had asked the doctor earlier in the week how much tirile
we could expect my father to linger,or perhaps die.
And the doctor told him we would know something
within ltd hours.At the time we decided to see if
there was any papers,I guess,to tell us what we shoul
do if something happened to dad.
Now in gathering these papers together,did you place
certain pap~rs in an envelope that I previously referre
to?
A We did.At the time,John,Emma,Rudy,Eddie and I
were at the house.As they went tnrough things,if
there wa s anything of importance,I wrote them on a
sheet of paper and we placed them in a brown envelope.
Consequently,this envelope was sealed with the listing
insdde of it.
Mundorff
Q Do you,remember what kind or papers were put into this
envelope?For instance,was the deed of your father
to the property,was that placed in the envelope?
A I don't recall that it was placed in that sealed envelo e,
but we did place it in a brown envelope.
Q What about insurance policies?
A I believe they were aLso in a separate envelope,not
in a sealed one.
Q At the time this all occurred,did you find a certain
amount of cash at home?
A We did.I am not certain Whether it came from my dad's
wallet or in a safe or the locked library table,but
there was cash on the table and we did count it and
we did insert it into the sealed envelope.
Q Into the sealed envelope?
A Yes.
Q Now your brother has previously testifed that this mone
was given to the grandchildren.Do you know of your own
personal knowledge if this is true?
A The first I had heard about it was in May of 1971.
At this time,Emma,Ed,her hu~band,my husband and I
were meeting to decide what should be done about the
estate,and this was one of the items that Emma brought
up;previouslY,I did not know about it.
Q Do you recall how much cash ~ms on hand at that time,
at the time these papers,etc.WBre gathered together?
,..,.n-,",49
A I could not swear to the amount,but I would say it was
a considerable amount,and we each counted it.It was
more than what you could say was there by merely lookinl
at it.
dontt know exactly what that means •
I could not te stify to same,but I believe so.
I could not swear to the,-exact amount,Mr.Tempest,
but,there was a considerable amount,and we all did
count it.
If the Court please,IHR.mMPEST:
Your brother previously stated that it-was more than
$50.00,but'how much more,he did not know.Would~u
bfyo1ll"'own personal knowledge,do you remember if it
were more than ~p200.OO?
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Now would you briefly and again,the Court has been
very generous in all of the testimony that has taken
place prior to now,and could you briefly,and I do
mean briefly,relate what attempts you made to bring
about a rapid administration and settlement of the
estate,and in particular,what your brother,John
Ofcharik,one of the executors,did or did not do to
frustrate these attempts on your part?
A In the summer of 1970,Ed,myself,John and Emma were
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with the estate and removing personal items that belong d
Hundorff 50
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to Rudolph,to Catherine and to any of us.The next
morning we received a phone call,Ed did,at his place
of business or his home,lim not sure which,and I did
'at home from Johnls wife,stating that we were not to
come back.She called Mr.Tempest and he told her we
were not to be doing this.That evening,Emma w$at
my house and we were waiting for Ed to come from a meet ng
he had.~fe went to the farm house and requested that
John do something about getting the estate settled.
And at the time he was very upset and he was .honering ,
at me and pounding the table and things like that.He
said he would call Mr.Tempest and set up a meeting
for us.
Well,we waited until May of 171,and had not
heard anything.At the time,my husband and I had need
for an attorney for other matters,and we brought up
this matter,the matter of the estate.This attorney
was an associate of Mr.Tempest,and could not help
us,but he referred us to other attorneys.One of
these attorneys was }1r.Sannier.He called Mr.Tempest
and asked about the estate and Mr.Tempest told him,
and he conveyed to my husband and 1·-·-
MR.TEHPE ST :I object to this.
Anything Mr.Sannier wants to say,he can come n.
Q Right.This is hearsay.Let me ask you this:in an
Hundorff
attempt to get the estat~moving,did you go to see Mr.
Paul Barna?
A Long after this.
Q .And he is the one who;let's say in your mind at least ,
was primarily responsible for getting the property sold
Is this correct?
A,Yes.
Q Now after talking with Mr.Tempest and not getting
anywhere with John,did you try to get the property
appraised?
A Yes.I'd have to go back to the meeting that the family~
Ed and I had together.At the time we had made a
decision to go to Mr.Tempest's office at l~.Sannier's
advice,we asked Mr.Tempest what we should do about
the estate.He showed us papers he had and so on.He
told us at the time that since John was not buying the
farm,he owed us rent for the farm and we could have an
appraisal made of the farm.After returning home that
day,I called two appraisers and each said it would be
$100.00 for the appraisal.And the following evening
we called Rudy and~asked him what he thought we should
do,and he agreed that we should have it appraised.
We called John then,and he was very
up set with me again,and said what did I want,my
wasn't $3500 sufficient,and a lot of these kind of
things.And I couldnt t talk to him anymore;he had me
51
52Mundorff
so upset.Later,I was told that Ed had tried to call
him and got very much the same treatment that I did.
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'Come time for the appointment,which
was like on May l~th,we called the farm to see if John
would let us in.He was not available.We were-finally
told that he was in Kentucky and that we were not alloWE d
in the farm without him there,and '\ore had to cancel the
appraisal.
So in other words,John did not let the appraiser on
his property.
He had told us he would let us know if he would be therE
and he was not at the time that we had the date set.
I must go back---I had talked to Mr.Tempest,requestin ~
the deed,and also the tax receipts,w~ich the appraise~
had asked for'and asked him for some guarantee that
we would get in the house.And he said we don't need
one,just call John and he would let us in.
But John never let you in the house.
That's right.
In fact,continued to postpone getting an appraiser
on the land,is that correct?
We cancelled the appointment and it was never re-made.
Q The estate has now gone on for eight years.Do you
know if your brother ever contacted any real estate
agents during this time?
A Not to my knowledge,no.
Mundorff 53
Q Did you ever receive any notice,written notice from
~~.Tempest or John,not particularly Mr.Tempest,
but John as the executor,concerning the estate or how
the estate was going or problems or how you could be
of help in settling the estate?Did you ever receive
me •
During this time,and particularly in the last two
years.
copies of 'the Inventory that was filed?
The only copies of the Inventory I ever sa",was the
day the family had gone to see ~~.Tempest.The first
papers I received were the ones that you yourself gave
When was that?
This year.
,And when did you see for the first time the copies of
the papers that 11r.Tempest showed you?
May 9th.I take that back,May ~,197l.It was a Saturd y.
So that for a period of six years you did not receive
any word from the executor,any idea of how the estate
was progressing.
True •
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MR.'JEMPE::>T:If the Court please,
it's all right to ask the witness questions,
but to lead the witness,I will have to object
to it.I wish he'd state the questions and
let her ansve r them.He t s been talking about
Mundorff
long,th~executor has been holding them up and
everything else.I think he's te stifying.I
think he should ask the questions and see what
the witness has to say in response.
54
MR.FERGUSON:Your Honor,I may ha,,"e
tended to lead the witness because if you want
me ~o go back to specific dates and 'pinpoint
the testimony,I will be glad to,about the
problems Mrs.Mundorff had.
TIlli COURT:Many of the questions
have been leading,and we suggest that they be
eliminated.This is an intelligent witness that
can have her own answer s ready.
Q I apologize.Mr s.Mundorff,do you remem'ber meeting
on May 11,1971,this was a conversation,did you have
a conversation with your brother on May 11,1971,a
telephone conversation?
A Yes.This was a conversation which I called him and
asked if we could have an appraiser look at the farm.
Q And do y ou remember as be st as you can what he stated
to you on that date?
A Very well.He was very upset with me.He thought that
we were being very underhanded in trying to get the
estate settled.He wanted to know what we wanted.
Do you know of your own personal knowledge whether any
Mundorff 55
of the other heirs,aside from.the executors in this
.estate,.have ever received any notice,other than
the ones you received for the accounting and the ones
:that you personally sa,:t in Mr •.Tempest I s office?
I have been told by.Rudy and Catherine that neither
have received anything;that they appreciated my
..'·efforts to keep them informed.And·the only time I
did call them was when something vIas occurring in the
estate.,:which I felt they should be notified,and I
wanted their decisions.I',,'as not acting in my own
-behalf,but for they as well as Edward and he,and
for awhile Emma was "lith us.She was at our meetings
until one evening Ed'had taken the information that
we lmew of for Mary to look over,and see if she had
any additions or corrections.And at the time Ed asked
Emma about the·$1500.00 check,and she·told us that
she could no longer help us,that sh~didn't know
anything about it because Johnny oweq her money •
'And if'she helped us,he·would not pay her •
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hearsay.
THE COURT:
I object.This is all
The oojection is sustail1ed
Q.
for several reasons,among them that it is hear~ay.
Mrs.Mundorff,did you take it upon yourself to act
for the benefit of'the other"heirs who were not
Mundorff 56
'represented by an attorney to advise them of what was
going on in the estate?
HR.TEJvD?EST:I object to this.If
Did you make the long distance phonecalls---why did you
make the long distance phonecalls?
Whether or not she made them or not,I think
you should ask what she did with reference to
this estate,if she did anything.
she attempted to get an appraisal of the land,
so that people could have an idea of what it
was worth.This was refused and delayed.
she met with anybody she ought to know why she
met with them without the attorney telling her
why she would meet with certain pe,ople.
It was not her land;1t
I object to this.
She's already testified
The objection is susta1.,Led."eRE COURT:
HR.TEIvlPEST:
HR.TEMPEST:
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was an estate property that was involved here.
MR.FERGUSON:This is precisely the
point.
TIlli COURT:We will permit the
Hundorff
question as to whether or not she made long
distance phonecalls and if so,how many.
57
Your Honor,do you feel the question of why she made
these phonecalls is necessary?
to ask her why she thought the telephone calls
we~e necessary.Why couldn1t she ,~ite letters?
Yes.Did you make long distance phonecalls to your brot er
and your sister,your brother Rudy in North Ca~olina
and your sister in California?
Right.Again,I have to say at a meeting with Emma
and Ed and I,we decided that RUdy should be consulted
and let know what is being done with the estate and
what his desires were.And also,we had talked about
the envelope and some keys that opened this tab~e.
\o.fe had:asked Rudy if he had them and he said he did not
And even as late as a couple weeks ago he and I talked
and he still cannot see why it's said that he bad the
keys when he does not recall ever taking anything from
the f arm when he left.
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THE COURT:I feel that it is prope ~
A \'lell,Your Honor,it seemed thatnothing was being done
"lith the estate and we wanted their reaction to what we
should do,and letters did not seem to be satisfactory.
A personal call seemed more to the point.
Mundorff
TIlli CO URT:Very well.we have'
"
.your answer.
A I mUt)t say these calls were made when a decision
needed to be made,not just for personal talking.
Q.Did you ever attempt to set up meetings betw'een your
brother John and Mr.Tempest?
A At the l1aY oth meeting,'\ole had'asked Mr.Tempest
what neeaed to be done with the estate ,and he had told
us he would contact John and we expected from there tha~
we "Tould be called.But as far as my calling John and
saying that we wanted to meet with'l.fr.Tempest,no,
other than the summer,1970 meeting when we requested
he do something.
Q I have no furth~r questions,Your Honor.
THE COURT:
CROSS EXAMINATION BY MR.TEHP.c;ST:
You may cross examine.
Q You were represented by an attorney in 1971,is that
correct?
A I don I t 1m ow if I have ever be en r epre sented by an.'
attorney other than Mr.Ferguson.In 1971,I had
requested Iv1r.Barna I shelp.His father instructed us
that being that Mary Ofcharik was an executrix,he
would have more power representing her than us.So in
l1undorff 59
effect,~~.Barna,Jr.told us that his representation
was for her more than for us.
Q Well then,that office was representing Mary Ofcharik,
the co-executor,is that correct?
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were told.vfuen nothing seemed to be moving from the
time that we had the Court aUditing in September,we
came here to the Court House and were advised that
we should have our own attorney.And at that time we
sought Mr.Ferguson t shelp.
In your ovm words,how were you hurt as a result of
the delay in settling this estate?How ",ere you hurt?
ifuat is your objection?
Mr.Tempest,I believe the purpose of a Will is to take
care of my father's real and personal property.And
the executo~s job was to do the desires of the Will,
and it has not been done.
Let's go bac~then.When your father died,you and
your brothers and sisters were on speaking terms,is
that correct?
Right.
Q And you all talked to me about settling the estate and
Y9u were all working together,is that correct?
A I have to beg your difference.I did not meet you until
I was in your office in 1971.I was not present at any
other meeting with you.
,--------..-~---~---_.-
Mundorff 60
"I had not seen her from the time she left hom~;in fact,
prior to that.
What ,.,as your relationship?
I'had no relationship with her.
So~there was little problem,inasmuch as the two
co-executors,the relationship was not real good.Is
that correct?
Yes.
Ird say so.~ut I donlt see where I had anything to do
"Tith that.
it
The relationship,was/good or bad.
lid say it was bad1
So that caused some problems in the settling of the
estate,didn'tt it?And you knevT it,didntt you?
At the time,no,because I did not know \"hat was being
done about the estate.At the time after my dad died,
I '~Tas not home for almost two years.
Q Did you agree originally to sell this farm and all of
you brothers and sisters,I understand it,agreed
to sell the farm to your brother for $3500.00,is that
Q \'Jell,your relationship 't.,ith John Ofcharik at that time
was what?
A lid say John and I have always been very good fri~nds
until the time he was married.
Your relationship with Mary Ofcharik is what?
Are you talking about my stepmother?•Q
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A I was under the impression that Ed and John ,vere to buy
the farm,but for what price,I don't know.John
always made plans with Ed that the two of them were to
run the farm.
Q Approximately ho",mUch was involved?\lJhat was your
appraisal?
A I have no idea.I was not in on those conferences.
Q You didn't agree to any figure at that time?
A ~~.Tempest,I was not consulted on---
Q Answer the question.Did you agree to any figure at
that time?
A No.I was not consulted.I was not in on any of these
conferences.
Q The original Inventory,though,did have a value of
real estate down as $3,500.00.Is that correct?
A I understand that.
61
1Y1R.FERGUSON:Your Honor,shefs alread IT
testified to the fact she did not see a copy
of the Inventory until 1971~
Q She said yes.Where did you see that $3500~OO?
A In your office.
Q I showed it to you?
A Yes,in May of 1971.
Q Did you have any objection at that time?
A As I stated,I did not know what the price was,so I
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cannot object to something I didn't know.
You were in my office and I showed you the figure.Did you
voice an objection at that time as far as the)price was concernec "
the value of the real estate?
At that time I was in your office,we made no,how should I
say,we did not state whether or not the farm was going to be
sold for this price.At that time we wanted to know what was
being done.At that time we were told that the Inheritance Tax
people would even deny Jones'claim was only worth $3500.00.
Where did yOU get that information?
YOll told us.You had papers in your desk that you were show in~us.
You didn't even know what the papers were.We had to tell you
what they were,as I recall.
I couldn't read the paper or what?
You had said that John told you he had no money,so you put
them on a shelf and forgot about them.And 'you really had to
dust them off to show them to us.
Since that time,the property as it was appraised at $3500.00
has been s old for w hat figure?
Thirty-three thousand something.I'm not sure of the exact
amount.
This waitreally hasn't affected you financially as an heir of the
estate,has it?
Well,whatever money I had coming to me,if I had it,could be
Mundorff 03
possibly collecting interest.I would be losing that way.
Q That's right.That is true.And more interest if it had been
$33,500,is that correct?You haven't been hurt financially,
have you,as a result of the delay?
No.I'm just saying----
undue.delay in getting the estate settled.
I have not gained as John has.
I have not gained anything.I don't know if I've lost anything.
I don't think we need to en~age
I want a reason for it.What
She stated the reason is thE
MR.FERGUSON:
MR.FERGUSON:
MR.TEMPEST:
in that.
is the reason for all this?
You're saying derogatory statements about myself and about John
Is that your objection now?
and I can't read papers and I had dusty papers and soforth.
You haven't lost financially.have you.Ma'am?
;This cas h that you allege you found and put into a sealed envelope,
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what ha ppened to the sealed envelope?
A Shortly after we finished sealing this envelope,we received a
ca;l.l from Emma's husband that my father had died and we put
everything back either into the safe or the locked library table
Mundorff
and went to the hospital.
04
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Who actually got the sealed envelope tha t had the watches or whc tever
was in there?I want to know who has it so we can get it.
That's one of our questions,Mr.Tempest.
Who do you say has it?
I have no idea;I can't tell you.
Are you saying the executor Johi1.has it?
He had more access to it than anybody else.
Did you say he has it?
I have no idea who has it.
N'bu.have no knowledge of who has it?
That's right.
So your testimony here is to accuse John of having money and nc t
accounting for it.Is that true?
I'm saying it's not acc ounted for.I have not accused anyone.
Do you know how much is involved?
No.I would say it's a considerable amount,more than I would
carr.y on my person.
What other items were there that haven't been accounted for,a vvatch
and ring,or anything more?
I don't know.Those incidental personal items were important.
The thing was,we knew there was money and we wanted to
account for everything that was in the estate.
You don't know how much and you don't know who got the money?
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That's correct.
Did JOu ever see a $1500.00 check?
I did not.The first knowledge'I had of it was when Ed came.
Any personal knowledge of this?
None.
Did you have any pers onal know ledge of any insurance policy?
Other than the one I was beneficiary in.
You were there when all the important papers were brought up
and you put them in packages.Now was there an insurance polir-y
issued by the Colonial Insurance Company?
No.Tha t name is not familiar to me.I don't recall seeing a lifE
insurance policy.
Any insurance policy issued by the Colonial Life Insurance or
Colonial Insurance Company?
No,sir,I do not.The first mention I had even heard of
insurance was United States Steel people.The only one I know
of is the United States Steel people.
That's been accounted for,has it not?
That's the one John and Catherine and I shared.
That's accounted for then.
Yes.
But you have no personal knowledge of Emma Fedorchak
having a check and delivering it to Mary and soforth?
No.
65
A
Q
Mundorff
You have no personal knowledge of that?
No.
As I recall it.all the important papers were gone through and
analyzed by all the brothers and sisters on the eve of your fathe r-'s
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dying.Is that correct?
Yes.There must have been something of importaJrlce that we wo~ld
seal it and each of us signed our names.so that if it were openEd.the·
rest of us would know.At the time we did not know that our
dad was dying that night or would die that night.So we had the
impression that we'd be back another time and go through these
things again.
Did you ever see that package again?
No,sir .
Did you ever dis cuss it with John Ofcharik?
I don't recall that I ever did,but the rest of the family.yes.
Did you ever tell me about the cash or these personal items?
Yes.The day we were in your office.we told you about the locked
1ibrary table and the safe and you told me at the time John
never mentioned them to you;that Monday you had talked with
John,and you told me the following day.and he said to you we
all had gone through thes e things and there was nothing of value
there.But again!stated if it was nothing of value.why did
we seal it with tape and sign our names to it?
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I don't know,Ma'am.I couldn't answer that question.Do you
know what the full amount of the funeral bill is?
No.All I know,and I subsequently learJ:irecl it was Emma's
husband that decided John and Catherine and I should pay it
since we did receive the insurance money.
Who decided that?
Emma's husband.He admitted tome he was the one that decided
that.
Did you pay this against your wishes?
I objected to it in that I was not consulted,my feelings about it;
I was told that I was to do it.
You wrote the check?
I did when I received my $2500.00.
At the request of Emma's husband?
No.John was the one tha t told me,but in our meetings,Tony
told me he was the one that said it should be done that way.
These meetings you had,did they extend up to 1971 that you had
with your brothers and sisters?
These meetings did not occur---Emma,Ed and I had gone
to John in the summer of 1970.It was in May of 1971 that Emm
and her husband,Ed and my husband and I got together and talk d
about things that we should do about the estate.
Your father died in '65?
Yes.
f.i7
Mundorff 08
Q It wasn't until 1970 you decided to do something?
A Yes.John always claimed that he was waiting for Eddie to
come home to do something.but we were still waiting for year
after Ed·:was·home and nothing was done .
reason for delay?
We are now getting back to what honorable counsel
accused me of as being leading questions.
done or who was to buy the property?'Wasn't tha t the real
Your Honor.I would obj ec
I'm on cross examinaticn.
'We had all requested that John do somethi g.
MR.TEMPEST:
MR.FERGUSON:
Wasn't it a fact that John and all of you were trying to decide
what you wanted do to and you couldn't agree upon what to be
And he made no effort to contact .1,1S.You had told us when wewere
Isn't it true---
two years .
I don't believe so.
in thl:office in May of 171 that you had not talked or seen John i
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MR.FERGUSON:To lead?
MR.TEMPEST:Absolutely.That's all
the questions I have.
Mundorff
REDIRECT EXAMINATION BY MR.FERGUSON:
69
Q
A
Q
If your Honor please,if I could just ask one question.Mr.
Tempest,in his crCBS examination of you,made pointed remar1 s
with respect to Colonial Insurance policy,whether you rememb r it
being there on the night of your father IS death.Can you rememt er
every insurance policy that you went through that night or the
names on those policies?
I cannot,not one.I don't even recall finding an insurance polic~.
I have no further questions,Your Hm or .
THE COURT:
MR.FEB.GUSON:
The witness is excused.
Your Honor,I would just like to ask Ed Ofcharik
one question.I promis e it w ill just be one on my part and that
will conclude at least my examination.
THE COURT:You may.
EDWARD OFCHARIK IS CALLED AND DULY SWORN.
DIRECT EXAMINATION BY MR.FERGUSON:
Q Mr.Ofcharik,lid like you to remember back to John Ofcharik'~
testimony,if you can remember,and if I am correct,I am sur
Mr.Tempest will correct me,Mr.Ofcharik stated tha t there
was money found the night of your father's death,that he believ s
Edward ,Ofc harik'"*..~"'".•
it to be more than $50.00,but does not know how much more:
70
•
And upon questioning him as to what he did with this money,he ~aid
he distributed it to the grandchildren.Upon my asking what
grandchildren,he stat ed that he distributed it to Emma's children
and to your children.Did,in fact,your children ever receive
CROSS EXAMINATION BY MR.TEMPEST:
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any money from John Ofcharik,Jr.?
No,sir,not to my knOWledge.
I have no further questions.
Is it possible they did and you don't have knowledge of it?
It would have come through me,through the mail.I was overse s,
so if it would have come through it would have come through my
mail.
If he handed it to them personally,isn't it possible they receive~
it?
They were overseas.
Were the children overseas?
Right.
Were you there the night they found the money?
We all counted the money;it was put in the envelope.
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And so John didn't give it to anyone then.
To my knowledge,no.
Who has the envelope?
To my knowledge,it was left back in the desk before we went
back to the hos pital.
You didn't see it after that?
No.sir.
DidnIt you state tha t your brother in South Carolina had that
package?Didn't you make that statement her.e today in Court a
recess?
Did I say it?
Did you?
No.sir.
What is your brother's name in South Carolina?
Rudolph.
Didn't he receive that envelope?
No,sir.
Did he receive a watch or a ring?
No,sir.
71
MR.FERGUSON:This is entirely outside
direct.Your Honor.I would object and ask those
questions be stricken.
MRS.MUNDORFF:If I might interrupt.it
Edward Ofcharik
was John that said Rudy had it.
72
REDIRECT EXAMINATICN BY MR.FERGUSON:
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Did you hear John say your brother had the envelope?
During recess?
Yes .
I didn't hear it if he did.
I withdraw the question.
Who continued to live at the house after your father's death?
My brother,John.
Was anyone else there during this period?
Yes,for a couple months.my sister Mary Jane lived there and
when I came home on leave,passing through from one station tc
the other,I would reside there mys elf.
So except for a period of let's say four months during the
period of six years,your brother-enjoyed the sole and exclusiv
possession.
MR.TEMPEST:I object to that.That's
not what the witness testified to.
MR.FERGUSON:He said he was there for t,0
months.He said his sister Mary Jane was there for
Edward Ofcharik
two months.
MR.TEMPEST:Everytime he returned from.
73
home from the service he was there .
•A Which is approximately 30 days in three years,if that much.
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iiia:1&I Q A nd aside from that four months during the period of six yearsI-a:00..1&Ia:or approximately six years,John by himself and later he andI-a::>0 his wife enjoyed the sole and exclusive possession of thatu
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Q I have no further qu estions.
,-------------,-,,.--------------------------------------
Rdward Ofcharik
RECROSS EXAMINATION BY MR.TEMPEST:
74
•
Q
A
Didn't you say Mary Jane was there for a time?She was there
too,wasn't she?
She lived there after John got married.He and his wife lived ou
where she used to live.At that time I believe she lived in the hpuse.
That was before John got married,wasn't it?
Here again,this is hearsay because I was overseas.
For approximately two months,I believe it was.I wasn't here.
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I was overseas,right.
You don't know who lived in the house then;you were overseas ...:Qo .
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You testified,sir,that when you were overseas your children
were with you.
That's right .
When did you go overseas with respect to the time that your
father died?How long after that?
I was overseas already when my father passed away and I recei ed
a phonecall that he was in a coma,to come home,from the Red
Cross Emergency.And I spent approximately 14 days at home c t
that time.
1_Q And you came home according to that?i----;t------'----------I---
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Yes,sir.
And you went back overseas and your children were with you.
No,sir.They remained over there in Germany.I came back
home myself.
So that when the cash was counted at your father's death,your
children were not there.
That's correct.
They w ere overs eas .
That's correct.
And they remained there until you went back overseas.
That's correct.
So that if distribution was made to any of them,it would have
been made through the mails under your name.
That is correct.
Any other questions of this witness?
75
MR.TEMPEST:That's all.I'd like to recall John to find out
what ha ppened to this money that evening.
JOHN OFCHARIK,JR.IS RECALLED
EXAMINATION BY MR.TEMPEST:
Q John,do you recall this amount of cash that was supposed to ha e
been found in the house on the evening your father died?
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76
As I testified before,I don't know the exact amount.
When was it found?
The same night that my dad died.
Was it put in a package?
No,sir.
It was not put in a package?
No,sir.
Where was it put?
Like I si'ty again,we all decided it should be given to the
grandchildren;that would be Emma Fedorchak's three boys,Edward
had three boys,and my brother Rudy in North Carolina had a glirl.
And there wasn't that much money involved.Each one got a littl~
share of it.
You mean he had received some of the money?
Yes,sir.
Is that for his children?
That same night,yes.
Emma received some?
Yes.
And who else?
My brother,Rudy.
A nd that was handed to them,not the children?
Handed to them,yes,for their children.
John Ofcharik 77
Q That's all I have.
MR.FERGUSON:All I have to bring out,this is in flat contradict 'on
of his previous testimony .
•MR.TEMPEST:I think the record will speak for itself.
I can well appreciate you probably wonder why I have asked
these questions.If I could make it short,and I do mean a shor
that I am going to make.
concluding argument to the Court,if the Court would so wish;
Your Honor,this has been a rather lbng day.
You are excused,sir.
I would present formal objections in the nature of the argument
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expense of presenting formal arguments,written arguments.
Barna may also pre sent same if they wish.But we must
have all our testimony first.And I don't know whether we are
But you may present same if you wish,as Mr.Tempest and Mr.
We have no desire to put you to the trouble and~THE COURT:
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through with our testimony yet or not.Do we have anything
else in the way of testimony?
MR.TEMPEST:Is Mr.Ferguson concluded with his tes timony?
MR.FErlGUSON:I'm concluded with the testimony,Your Honor.
~.~.-----------------------~---------
78
The only thing I would still like to seek out,and I think this woul be
everybody's interest,who shares in the estate of this matter of
the Colonial Insurance Policy.I think we owe a duty to 'everyon~
to check into this matter as best we can to determine if such
check was ever paid.
on their own,they can feel free to do so.I will cooperate ever
is there is no such check.If they want to make an investigatio n
burdened with any further investigations as far as policies are
Very well.Now are you ready to make your
If the Court pleas e,I don't want to overburden
the estate.We have made a complete investigation.Our testime ny
concerned.It's a fabrication as far as my client is concerned.
way possible in doing it.But I don't think the estate should be
MR.TEMPEST:
THE COURT:
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that was made by one of the executors of the estate,I will be m re
than happy to pursue this .on my own.
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Yes,Your Honor.Concerning the fabrication
I see no reason why one
of the executors would willingly tell a falsehood.
What we would be asking,Your Honor,are essentially
these items:Mr.Ofcharik,as Mr.Ofcharik previously stated
to this point,which represents over eight years from the date 0
the death of the decedent,no Inheritance Tax has been paid.
Mr.Ofcharik testified that he made no effort to pay this amoun ,
that he made no effort on the prompting of Mr.Tempest.That
Mrs .Ofcharik,the decedent's wife,and John Ofcharik were not
getting along at that time.He testified that he made no effort
to get a check for the Inheritanc e Tax signed by this other
co-executor.For this reason,we request that John Ofcharik,•r.
be surcharged for any interest that may be due and payable on
the amount of the Inheritance Tax.
We would alS 0 request that Mr.John Ofcharik,
Jr.,as executor for six years or approximately from the
date of death of the decedent,until the property was officially
sold and money paid out on March 13,1972,I believe,he and
his wife or he solely,with the exception as the testimony
indicates,of eight months,had the full use and enj10yment
of the decedent's real estate.It was also pointed out in previou~
testimony this morning that he was even forced to vacate by Mr
Jones I actions.Therefore,we feel that John Ofcharik,Jr.shol Id
be surcharged in a reasC?nable amount for the lack of rent that
was paid during this six-year period for the use,enjoyment and,
possession of this property during this period.
We would also request that John Ofcharik,
Jr.'s executor's compensation be denied,on the basis that
compensation is allowed as the reward of a faitihful executor of
the trust confided in him.At no point did John ever,during the
79
six years,from what I can ga ther,did he ever contact a real
estate agent or make any overt act in order to sell the real esta e.
For this reason,we ask that he be surcharged for valuation of
the property as a rental property.And for his mis -managemen
and delay in settling this estate,we ask that his commiss ion
be denied.
Now Mr.Tempest has ably pointed out that 7
years after the original probate of the Will that the people will
share in a recovery of $32,500.00.And I quite agree with him
that this was a great thing that the property was able to be sold
for that amount.But for thos e 7 years,no one had any idea that
the property could be sold for that amount.To that extent,
it's almost a windfall that the property was ever sold for that
amount.This windfall was due to no concrete efforts on Mr.
Ofcharik's part to sell the real estate.It was due mainly to
Mr.Barna's efforts in setting up a public sale;for I would
argue that had it not been for the efforts directed to the public
sale,that Mr.Ofcharik would probably still continue to be on
that real estate and the estate would still not be settled.
I res pectfully urge the Court to cons ider thes e
positions,and in its discretion to grant a surcharge on the
basis of the rent and the interest on the Inheritance Tax,and
also to declare a reasonable value of rent that John Ofcharik
80
should have paid during this time and to deny his commission f(r
his laxity and mis -management of the estate during these
years.Thank you,You r Honor.
81
THE COURT:Mr.Tempest and Mr.Barna?
MR.TEMPEST:I just have a few remarks.I'd like to inform
it's
Mr.Ferguson that/solely as a result of John Ofcharik's efforts
that the property was sold at such a high figure,because he was
the only one in the COurt at the time bidding against Mr.Jones
And had he not bid against Mr.Jones,the property would have
sold at $6500.00 and that was the original pric e tha t had been
offered by Mr.Cox,another party in interest.And the only
person tha t was bidding there was John Ofcharik and Mr.Jones.
So it seemed like he had a direct bearing on the price that the
property finally sold for.
The other matter that was mentioned here,it
is unfortunate that after four and a half years that the parties
have a disagreement that it would cause a real serious problem
in the family.And I submit that that was the real reason for
the delay.I appreciate the efforts of Mr.Barna in his efforts
to try to settle the estate.And we were constantly in touch with
one or more of the heirs in an effort to try to settle the es tate,
but we could never get any two of them to agree on any rna tters.
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And in fact,the checks co uldnIt even be signed because the exec utors
were not even getting along.
There is a question here on the rents,and that
was all agreed by all the heirs,that as long as Mr.Ofcharik was
in the property,maintaining the property,in fact had paid
all the real estate taxes and kept the property in a good state
of repair,I don't think the allegation here of the claim for rent
from John is well founded.I think it just shows a little bad
faith on the parties involved because they knew why John was
there and what he was doing and he did maintain the property ar d
had he not mainta ined it,I don't think they'd have got the price
at the sale that they did eventually get.
And the other matters,we did receive a
statement from the Inheritance Tax Department that $12.94
interest was due as of July 24,1908.And that was based on an
appraisal of total value of the est~te being $0,825.22.That was
the total assets.The real estate being appraised by the
Inheritance Tax Department in the amount of $5,000.Eventual ty,
when the property was sold for $33,250.00,we got another
appraisal and that appraisal by the Inheritance Tax Department
based on the sale price was made and delivered to our office,
and that was delivered on July 27,172.We were to pay that
Inheritance Tax at the time of the audit,and only at the time of
of Mr.Ferguson and his clients.And we would have had it paid
Taxes.And this additional delay in the payment is the makings
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the audit were we aware that claims were being presented,anc
that's why it was continued and that's why the Inheritance Tax
has not been paid as of this time.
And on our acc ount,we res pectfully request
to the audit clerk to determine the amount of the Inheritance'
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83
not burden the Court with any closing arguments.
objections made against Mary Ofcharik,the co-executor,I will
to nnke;first of all,I have to disagree with Mr.Tempest.
Juhn was bidding for himself.I believe Mr.Cox was in on
The morning of the Court hear~ng in September,I dori':t believe
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Your Honor,since there haven't been any
Your Honor,I have a few statements I'd like
that bidding,and not five minutes after we left this Courtroom,
John was asking Mr.Tempest for money from the estate to liVE
on.So I don't think he could have----
MR.TEMPEST:This is all untrue,Your Honor.I don!t under-
stand what youIre doing.This is untrue.John has never asked
------------::,--------------------------------------------;--r
84
me to borrow money and I have never loaned any money,and
no one has ever asked me for qny money in this estate or any
other estate.
over $1200.00.Also,because Mr.Tempest and John did not
do their job,and we had to go through the expense of hiring
would get some too.
rest of the heirs would get some too,and I wrote to the other
Partial payment could be made.
John received his;nobody e.lse has.My other
At the time you said if he received some,the
requesting.Originally,he had requested $250.00 fee.Now it'E
I reques t the Court to deny Mr.Tempest the amount that he is
Barna and Mr.Ferguson would not be here today.Therefore,
people telling them by Christmas we should have some of the
Mr.Ferguson,I would like to petition this Court that Mr.
objection is,if Mr.Tempest and John had done the estate,Mr.
money.And you agreed with John,if he got some of his,we
MRS.MUNDORFF:
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Ferguson's fees come out of this esta te instead of out of just ou
pockets.
THE COURT:The es tates don't pay the attorneys.Their
fees are paid by the parties.So that if the attorneys require
more payment,the litigants will have to pay the extra portion.
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85
MRS.MUNDORFF:My argument is if Mr.Tempes t had done his
job,there wo uld be no need for Mr.Barna or Mr.Fe rgus on.
THE COURT:Attorney's fees cannot be paid from the estate,except
Jones'matter or not?
I think now that all the bloodl-etttilrig:is over,I think the
Court for us to make a decis ion.We will require no further
estate is distributed in the very near future.At this point,
(Proceedings Closed)
I think we have sufficient evidence produced in
Your Honor,could I just ask one question?
The case is closed.hearing.
can we furnish anyone with additional information so that this
main purpose of all the parties concerned is to see that the
may be done?Will you require any further hearing on the
by themselves.
those who represent the fiducaries.The others have to be paid
THE COURT:
MR.FERGUSON:
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Stenographer's Certificate
I rereby certify that the proceedings and evidence are containec
fully and accurately in the notes taken by me on the hearing of the above
cause,and that this copy is a correct transcript of the same.
Certificate of Hearing Judge
The foregoing record of the proceedings upon the hearing of
above cause is hereby approved and directed to be filed.
By the Court,
g:~~t~~_c,
Specially Presiding
----------------------
v.
JUDGES'CHAMBERS
COURT OF COMMON PLEAS OF WASHINGTON COUNTY
TWENTY-SEVENTH JUDICIAL DISTRICT OF PENNSYLVANIA
j
P.Viae••Ma~lQO
lI~~~'"XimxxXX
JUDCI&
WASHINGTON,PA.
....2
Dec.......S,1911
Paul 'N.Bana,Jr.,EtCI'd"
1th.McK...A.....
Doaotl.Perm'riftala 1$03.,.
III ae:E.tatlt 01 Joho M.otcbaJ'ik,Sr••
nece••ed.
No.109201 1911
The Cout'"HU,t<>make cU.trlbutloll of tbl.matter.
Tho••lDtl....te4 40ul4 Abmlt tlMi&'14ea.01 ....(aft4
'bntd'.:u the,.wi.h)In.tea (10)daye.
V.7J",,1 '1OUI",
.¥ep QJ~Pl~~
P.Vlae.llt ManDo,Judi-
PVM/tlw
cc:Patrick Rega"Esquire
James M.Ferguson,ill,Esquire
Clyde Tempest,Esquire
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IN THE COURT OF C0M110N PLEAS OF ltlASHINGTON COUNTY,PENNSYLVANlr-
ORPHANS·COURT DIVISION
m BE:
ESTATE OF
'JOHN ~.'OFCHARIK,SR.,
Deceased.
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No.1092 of 1971
BEFORE:
APP .l:!:ARANCEs :
TIME:
HEARING ON MATTER OF CLAIM
THE HONORABL.&:P.VINCENT MARINO,Special ~y
Presiding.
PATRICK REGA,~SQ.of Charleroi Pa.,
representing GriffIth Jones,Claimant.
JAMES M.FERGUSON,iIII,Esq.,of the
firm Tucker,Arensberg &Ferguson,
Pittsburgh,Pennsylvania,representing
four heirs or the estate •
.PAUL BARN~,JR.,ESQ.,01'Donora,Penna.
represent~g Mary Ofcharik,co-executor.
CLYDE TEMPEST .ESQ.,of Monongahela,
Pa.,repre.senting John Ofcharik,Jr.,
co-executor.
Wednesday,May 23,1973,at 10:30 A.M.
JACQUELINE HAMMOND
Official Court Reporter
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..,-'.INDE'X'TO .WITHIN TRANSCRIPT
WITNESS Direct Cross 'Redirect 'Recross
GRIFFITH JONES '(R~ca11ed)31
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E X HI B,I T S
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Nine photographs taken by Griff1th Jone s•
Letter to Hr.Clyde 'G.Tempest,Esq.,from Griffith J.•A -
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THE 'COURT:We are ready for the Ofcha~ik estate.
Who is the moving party'?
MR.FERGUSON:I would gue ss I am,Your Honor.I
with Judge Curran,I entered my appearance at that time
represent four of the heirs of the estate.And our
prime purpose this morning,I believe,is to get severa
issues or disputes resolved and hopefully,seek it
rapidly.
case,Your Honor,is a claim of a Mr.Griffith Jones,
who purchased real estate owned by the estate back in
1971;I believe the sale was confirmed December 13,
1971.If Your Honor wishes,perhaps we should deal
with that claim first.
the Order was signed.One of the disputes in this
Is your appearance entered?
Yes,sir.
Well,let's take them as they come.
We have no objection to listening to
You have more than one claim?
James Ferguson,Your Honor.
Is your appearance entered in the case?
Ye s,Your Honor.When I initially talkec
THE COURT:
MR.FKKGUSON:
THE COURT:
MR.TEMPEST:
THE COURT:
MR.FE RGUSON :
THE COURT:
MR.FERGUSON:
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tie claim of Mr.Jones first.We have no objection to
that,as to the real estate.
MR.REGA:May it please the Court,I am Patrick
Rega from Attorney Melvin Bassi's firm,and we represen~
Mr.Griffith Jones,and at this time would like to ente~
a claim that he has against the Ofcharik estate with
respect to the property that he purchased,as was just
referred to by Mr.Ferguson by pUbli~auction or sale,
December 11,1971 and confirmed by Court December 13,
5
1971.
TIlli COURT:Is that the same claim that is referred 0
by Mr.Ferguson?
MR.IlliGA:
THt!;COUHT:
MR.REGA:
Yes.
well,do you want to prove this claim no'?
No.We would like to request from the
Court the opportunity to make a formal claim prior to
having a date set for a hearing,for the purpose of
resolving this claim.
MR.T~MPEST:If the Court please,we have been delayec
quite a considerable length of time.This was audited,
I think,at least two or three terms ago in September
of '72.This hearing here has been postponed one time.
NOW it seems to me that since September of '72,if
they have any kind of a claim for real estate or person~l
property or any kind of surcharges which I have heard,
that should have been in.Those should have been filed.
The estate hasn't been distributed.There is nothing
that has been done here because of these aIle ged claims
And I would like to have the Court set a specific time.
In fact,the time was set.And we should be here now
6
taking testimony.If they have a claim,it should have
been presented •
MR.REGA:Your Honor,if I could explain a little
further,Mr.Griffith Jones has taken some action to
preserve his claim also.It was not in a form of a forme 1
notice,but in May of 1972 he did write a letter to
Mr.Tempest,informing him of certain deficiencies
in the property that he purchased at pUblic sale and
at that time requested that they be corrected or that
he be able to make his claim.
MR.TEMPEST:I don't know what the attorney is referr Lng
to,but I am not holding up any claim;I have not discus ed
this matter with Mr.Jones.If he has a claim,he shoull
file it.
MR.BARNA:
MR.TEMPEST:
This is what he referred to.
We had an audit since this date.This
was May,1972.They have had an audit since that date.
This is '72 •
THE COUrtT:
today.
MR.TEMPEST:
'72 or t73?That is exactly a year from
That's when he sent a 'letter to me.The
only thing I informed him was go ahead and file his
claim,and a hearing was set at the last audit---not
the last audit,but the audit in September.
MR.REGA:I'm not advised that Mr.Jones received
7
notice of the audit.
MR.TKMPEST:The audit was published.Everyone has
received notice of the audit.It was clearly published
and notice given to all parties,and he,in fact,I bel eve~
he was present,is that correct,at the audit?
MR.FERGUSON:
MR.TEMPEST:
Yes.
He was present at the audit when they hac
it in '72,so he had knowledge of the audit.He had
knowledge or this hearing.
MR.FERGUSON:Your Honor"if I may,when I originally
talked to JUdge Curran concerning setting up a hearing,
which he had provided for verb~lly during the audit
in September of 1972,it was his intention at this poin~
that this hearing would dispose of all matters;that
testimony would be ~ken at this hearing to settle all
claims against the estate,so that the estate could
ultimately be distributed.
THE COURT:
MR.FERGUSON:
Are you prepared to do that?
I am,Your Honor.But it appears that
Mr.Rega is not.I would prefer to take testimony at
this time to try and resolve Mr.Jones'claim one way
or another without having the estate be further postpon d
in its distribution.
THE COURT:Whom do you represent,Mr.Ferguson?
MR.FERGUSON:I represent four heirs of'the estate,YOllr
Honor.
testimony regarding Mr.Jones'claim,I would present
instead of before,so we could give a chance to all
that I have from Judge Curran.That is why it was post-
poned and that is why we placed it after today's audits
I would present,after
Now is there more than the claim
Yes,Your Honor.
That is my understanding from the notes
Your Honor,Mr.Tempest and I each repre ent
of Mr.Jones here?
witnesses to testify.
of by the Court •
unrest,and that's why we are here today,as I understa d
it,to take testimony and to get all the claims disposel
,
one of the executors of the estate,and I guess Mr.Regl ,
for Mr.Bassi,represents Mr.Jones.Mr.Rega represen s
Mr.Jones.Now at the audit with JUdge Curran,we told
him of all these claims that have been filed and of the
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other claims on behalr or the people tnat I represent,
or at least to get some questions that seem to be in
dispute cleared up.
THE COURT:Can that be done without Mr.Jones giving
his testimony and claim first?
-----------
9
He's right here.
MR.TEMPEST:We have no objection to anyone presentinl
testimony at this time,but we would like to dispose of
the estate and everyone is here,all the parties are hel e•
Your Honor,and matters that solely deal with the
family,and this is why we thought that perhaps Mr.Jon~s'
claim ought to be dispensed with,again in your sole
discretion first,because he is here in Court this morn ng,
Your Honor,and so is the executor,both executors,and
I see no reason why we couldn't take testimony on Mr.
Jones'claim.
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THE COURT:
MR.RI!:GA:
THE COURT:
MR.IlliGA:
time?
THE COURT:
Well,it might involve numerous,things,
Is Mr.Jone s pre sent in Court?
Yes,he is.
I think he should proceed with hi~claim
Your Honor,could I request five minutes
Yes.Do yau".want to talk the matter
over witn Mr.Jones?
MR.REGA:
THE COURT:
Yes.
We Will recess for five minutes.
R E C E S S
Jones
10
THE COURT:The Court is ready to proceed.
GRIFFIT.H JONES IS CALlliD AND DULY SWORN.
DIRECT EXAMINATION BY MR.REGA:
Mr.:1on.€s"';it·,state your full name for the Court,pleas'.
Griffith J.Jones.
Mr~.Jones,where do ~u reside?
presently,~65 Trenton Road,Fairless Hills,Pa.
Mr.Jones,would you please tell the Court of the cir-
cumstances that led you to purchase the property from
"the Ofcharik estate?
I was invited by one of the executors,John M.Ofcharik
Jr.to bid on this estate.And I asked at that time if
he had any interest in this property,and he said not,
that it was open to public sale and he wished that I W011ld
exercise my interest if I had any.
Did you exercise that invitation to bid on the property~
Indeed I did.And at the time of the public sale the bi~
was awarded to me,and we were later confirmed in Court.
Do'.You remember the specific date s at which time you
were awarded the property by Order of the Court?
A The date of the pUblic sale was December 11,1971.
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The Court confirmation was the following Monday,
December 13,1971.
Q Do you recall the purchase price of the property?
Jones
A The price established at pUblic sale was $15,100.00.
And the price thereafter at confirmation arrived at
$33,250.00.
At the conclusion of the sale,at which time you
purchased the property,did you take possession of
the property?
A I did not.
Q Why didn't you take possession?
A I did not complete payment ot"the property at the time
of purchase.The Court awarded a period of time to
come up with the additional monies.We placed ten
percent of the purchase price down at that time,and
in mid March of 172,the additional monies were availab e
to the estate.
Q Who was in posse ssion of this property during that
period of time?
A John l-f.Ofcharik,Jr.
Q The person whiCh you designated as co-executor..
A Yes.
Q At any time during this period,did you request that he
remove himself from possession?
A Not during that period of time.After the lending
institution distributed the monies to the estate,I did
request that he remove himself from the property.
Q Did he do so?
A He did not.He informed me that he had a period of timE
11
Jones 12
iil.which he was allowed to stay.It was my understandir g
from Mr.Tempest and Mr.Barna that at the time a propelty
is sold through Orphans'Court,immediate possession
is granted.This did not take place.
Q But you requested that Mr.Ofcharik,who was then in
possession,to remove himself.
I did.
Did you take any other action in the way of receiving
compensation for the possession?
Yes.We presented Mr.Ofcharik with a letter to the
effect that we requested that he depart the premises
or pay rent in the amount of $175.00 a month.
Did he pay that rent?
He did not.Shortly thereafter,he left the premises.
Mr.Jones,let's go back to the time of the sale for
a moment.Did you i~spect the premises and if so,woUld
you describe them roughly for us prior to the time you
entered into the purchase of the property?
Yes.The morning of the pUblic sale at the property,
I was invited into Mr.Ofcharik's home and spent a
period of time there.And everything appeared to be in
order at that point in time.
Q Could you elaborate some for us when you say in order,
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was the house at least functional as to plumbing,suppopt
and structures?
A Yes,the house was there as you .would care to reside in
a house with the plumbing intact and other items that
Jones 13
We have a copy and have
I didn't hear that.
no objection to that being presented.
MR.TEMPEST:
I have a copy 01·that letter.
MR.TEMP!!:ST:
I wish to enter in 'this claim were,in fact,intact.
Q When did you finally gain possession of the property?
A In May of 1972.
Q At that time,did you enter and inspect the property?
A We did,and found several things deficient,at which
point we presented Mr.Tempest witn the letter that the:
referred to.
Mr~.Jones,did you at any time to date,receive,satisf~ction
in any form as a re suIt of the claim that you made?
No.
Would you describe to the Court exactly why you are herE
and wha t the nature and extent of that claim is?In
other words,what relief you would like granted?
The property as we found it after it was turned over
to us had no water pump as it had previous.The water
softener had been removed;some portion of the plumbing 4
the garbage disposal was absent.Mirrors had been
removed from the bathroom walls.Steel support posts aId
jack columns had been removed in the cellar and woo,den
posts put in their place.A stove hood in the kitchen
was absent.That is basically all I can rememtler
verbatim.But the rest 1s in the letter.
Q Was there any agreement between yourself and Mr.
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Ofcharik as co-executor at the time of the sale 'that
provided for the removal of these items?
A No,none whatsoever.There was no agreement or sale.
This,as I said,was a sale by the Orphans'Court,and
we had no agreement 01'sale,per see
Your Honor,I have to substantiate Mr.Jones'claim
an estimate that he had conducted by a contractor that
would evidence the sum 01'money needed to repair the
premises to a suitable condition as they were at the
time he entered into the contract or the sale of this
land.And I would like to present that to the Court for
its examination.
If the Court please,
we'd object to any claim or any letter he has
from a contractor unless it can be established
unless the contractor 1s here to verify his es ..!mate
And also,that the items that are to be repair~d
were items that were apparently destroyed by
the executor.And also testimony of what the
property was like at the time that John Of char k,
Sr.passed away to show there was a need for
repairs that are claimed by this statement.
We object to that unless it can be substantiat d.
TIlli COUHT:The objection is susta1J~ed
at this time.We feel that your testimony isn'~
sufficient as yet to permit this estimate.
Jones
MR.m:GA:Am I to understand then~
15
Your Honor,we will have the opportunity to
complete our testimony?I,have no one in
Court this morning that can do that,and I
would therefore like to request the opportunitlr
to permit that.
THE COURT:-We will not pass on thaf-
request at the present time.vie will see what
your te stimony adduce sat the end of your
period then we will make a ruling.
Q Mr:.Jones,tell the Court what you feel to be the
deficiency in this property,Why you feel it to be so,
and an estimate of the amount of money that ~u would
need to correct it.
A As I have stated before,when we took possession,
there was no water pump on the property.Thus,you have
no water pressure,per see
Q Was there a water pump at the time you inspected the lan~
for the sale?
A Yes.And there was a water softener there at the time.
And I can substantiate that further by testimony of
the gentleman that was there to appraise the muse
f or me.He made note 01'the water softener,etc.The
wa ter softener,in being unhooked from the muse,
renders the kitchen sink inoperable.That 1s to say the
Jones 16
plumbing is such that the water flows from its source
through the softener to the kitchen sink,at which
point no water can pass because this portion has been
disconnected.There is a garbage disposal;there was,
I should say,which is no longer there.And if you woul<
run water in the sink,it would just run out on the flo )r.
There is no plumbing on the sink at all on the left sid ~.
Q You are certain that these items were attached or
fixed to the house?
A Yes.And I think that the fact that the people were
living in the house would substantiate 'to some extent
they had to have drinking water.
Q I want to know what you recall at the time that you
examined the house at the time of sale.
A It was there.The water softener,the pump and the
kitchen drainage,etc.
Q Would you describe other items possibly,support beams,
fixtures in the bathroom?
A In the cellar there were steel jack columns.Some
people refer to them as lolly columns with a leveling
screw on top.These were since replaced with four
by fours.The detached garage had a beam removed from
it.This is a steel beam,I presume,20,25 feet long
and about 6 inches high.The mirrors were removed from
the bathroom.These are two large mirrors,I would
guess a foot and a half to two feet wide.and four and
Jones 17
a half feet long.One attached to the door ",ith
wooden screws,which were removed;the other attached
to the back wall in the same manner.The shelves in
the bathroom were removed in the medicine cabinet
and above the sink.There was a towel bar removed.
Is there anytliing else ~u can recall?
There was an electrical box in the cellar that had been
removed and is yet to be evidenced by the fact that the
wires are just dangling from the ceiling,taped up
in what would be termined an unfasnionable condition
by apy approving agency.
I understand that you feel or do you feel that these
fixtures are essential to the functioning of this house
for the purpose it was intended?
Indeed I 'do.A·.house without water is almost 1rnpossib e
to live in,to the best of my knowledge at least in
the se times •
In addition to these fixtures Which you have itemized
for us,is there any other claim that you feel you are
entitled to?
In my mind,this house is rendered unusable,and my
purpose in purchasing it was as a rental property.
And Whatever period of time is feasible to reinstate
those things into the'~ouse,I feel I am due just rent ror.
Q What do you feel essentially then you are entitled to?
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Q Yes.\Vhat would make you whole again?
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A From the estimate which you hold in your hand,the
rental figure,summed together,we are looking somewhele
in the neighborhood of $4500.00.
Tha t's all I have,Your Honor.One other thing I do ha~e,
if there are no objections.It's a series of photograpts
taken by Hr.Jones at the premises to substantiate
the claim t hat is made.You might care to look at thc>s~.
J.1R.lliMPE tiT:If the Court please,I
guess if the witness would explain the pictures,
it's hard for us to determine what they are,
I guess if they could be identified tnere
would be no objection to their admission.
They'd have to be identified.If the Court
please,in the interest of time,we would have
no objection to their admission for whatever
purpose they may serve.
TRJ;!;COURT:I think the group of
pictures may be marked and just ask the witness
generally what they identify.'
Mr.Jones,would you explain the circumstances of your
taking those photographs arid just essentially what they
describe?
A I realized no one could go there and see,so I thought
the be st thing I could do would be to show the Court
in my own manner of photography what is mis sing.The
Jones 19
first two pictures show the plumbing just ends and no
water softener or way to transmitvthe water from its
source like I said to the kitchen sink.This picture
shows a large mirror missing and the screw holes in the
wall.The fourth picture is another large mirror missiI g
from the bathroom door and the damage done to the door.
The picture I am now looking at shows a portion of the
counter top that was removed and the hinges it was affi ed
to and the rod to support it.
THE COURT:Is that in the kitchen?
Ye s.The picture before me now is the area in the
kitchen where the hood was and the hole that it was
vented through is obvious;but you have to look quite
closely to ~ee where the hood itself was attached in thl
photograph.This picture shows the opening in the sink.
It's not overly clear but nevertheless it shows there
is nothing there but the hole.This picture is the
under portion of the sink that shows only half of the
trap and a bare wire laying loose on the floor of
the sink area,and like I say,no drainage provision
made for the left sink at all,which is where the
garbage disposal was.
The last picture I,am looking at doesn't
show what I wanted to show.There is an indentation
,
in the truss that is envisioned here that shows where
the steel support was and you can see the four by four
Jones 20
that's been put in its stead beside it.The indentatlo~
in the wood and the floor can be seen clearly by the
naked eye,but I "ras not able to encaption it in a
photograph.
Q Are there other items in controversy that you did not
photograph?
A Yes.I tried witn not much success two or three rolls
of film to get what I do have.As I said,I am not a
photographer.
Q I have no further questions.
CROsS EXAMINATION BY MR.TEMP~ST:
Q Mr.Jones,at the time you bid this property and
purchased the property,what was your understanding
as far as personal property was concerned in the house?
A There was no mention made of personal property.In
my mind I was buying real e state and all that was attac ~ed
to it.
Q And that would be fixtures,items attached to the real
estate that if removed would cause damage to the
real estate.Is that What you purchased or do you know?
A There was no statement made to that effect,but that
would be the und.erstanding I would have.
Q And you were not buying personal property as such,
Jones 21
If you put a screw back in a screw hole,is there any
damage?
\ihen the screws were taken out the wooden door was
damaged.
If the damage were repaired,would you have a claim?.
On the door,per se?
Yes.
were replaced in operating order and suitable fashion.
You made a claim here for posts l:in the basement:If
they were replaced there would be no claim for those,
is that correct?
As long as all of them were replaced and they were
operable.
'How about the mirrors,if they are replaced?
The damage to the doors is going to have to be replaced
and the wall.
Q
A
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removable items,is that correct?
A Like I said,there ,was no statement'made to ,that effect
Q Now,Mr.Jones,if there were any items removed,in
your opinion,if they were replaced,would you have
any objection now or any claim for money damages for
those items?
Not other than the loss of rental.As long as the items~A
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What about the replacing of any shelves that may have'
been taken in the bathroom and kitchen?They could be
replaced without any damage,is that correct?
.'
Jones
A I'm not a.contractor or professional builder,but I can
envision no damage that would be withstanding ir they
were replaced.
Q These shelves in the medicine cabinet,they were
removable shelves;nothing had to be unscrewed or
nothing had to be done to get the shelves out.Is that
correct?
A I'm not knowledgeable about the construction of medicinE
cabinets.There are no shelves in it.
Q Isn't it true that you were familiar with the 220
electrical entrance that was in that home and that
it
John,Jr.,the executor,had placed/in there to do some
welding.It was a separate entrance;is that correct?
Do you have knowledge of that?
A Might I ask at tnis point,before answering your
question,was I purchasing the property as I saw it the
day of the sale,or as it was the date of the decedent';
death?
Q Well,the Court can make a determination.But it would
be my opinion that the property as you viewed it on the
day of the sale,would be what you were purchasing,
less any items that belonged to the executor or other
persons,and a removal wouldn't cause any damage to the
property.That would be my opinion,but the Court
has to make that determination as to whether or not
there are fixtures or not.
A In answer to your question,these items were there that
22
Jones 23
removed.
The entire house has 220 stove fixture and lights and
all that is in order,is that correct?
I know of no 220 stove outlet.
Well,am I correct in saying that all the electric
wiring going to each of the rooms and all the outlets
has not been disturbed?
In my mind,the word "all"is a little too inclusive.
The portion in question does not operate.The lighting
fixture s in the rooms do operate.
And what you are saying,there was a 220 outlet that was
day and that's what I agreed to purcha$e.
Q You answer--the question,was this 220 entrance
something that John had placed:in:there?
A I have no knowledge of his presenting it.
Q Isn't it true then--··I don't want to leave the impressil n
here with the Court that the wiring was removed··--there
is an entrance to the house and the ele,ctric system
is in order,the electric wiring and fuse box and
everything is in order,is that correct?
Portions of it are operable,that is correct.
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A From the cellarr area,yes.
Q Do you have any idea what it would cost to put the 220
outlet in again?
A I have no knowledge of that,other than estimates that
we wish to present to the Court.
Q Are you saying then you did not itemize each of the ite~s
Jones 24
toot you are claim~g here today?
A We did itemize those in the estimate.
conditioner,the water would go to the kitchen?
It does not at this time.
Isn't that because there i~a defective value and not
because of the water conditioner being removed?
All I can tell you,sir,is that if you turn the water
on,it runs in the cellar floor.It does not go to the
sink.And in turning the value off,all that does is stDP
the water from running on the cellar floor.It goes no
'\omere else.
Isn't it true that that water conditioner was bypassed,
there is a bypass pipe around there?
A It's installation I didn't view in its entirety.I
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Q As far as the water softener was concerned,do you know
who bought and paid for that?
A I do not.
Q And do you know that-~-str.ike ~that.The removal of tha~
~water softener,did that caUse any damage to the house?
~~A It rendered the kitchen sink inoperable.
fllz~Q Isn't it true that that ,,,ater softener was placed in
i~and the pipes were bypassed and by loosening one value
zx~and tightening another,you could bypass .that water
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didn't inspect the plumbing as to bypasses,valve~,-etc.
All I stated was it was there and functioning.
Q Is it my understanding then that if these items are
replaced,the mirror,the shelves,if all these are
Jones
replaced,then you have no claim for these items?
That you'd like to have them returned as far as the
items are concerned.
A Not only returned,but installed in such a manner that
they aren't damaged or there i~no visible damage.to
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the property.
Q That is your claim then.In order to avoid any mis-
understanding here,we are not only talking aoout the
things you have testified to here,but you are testifyir g
as to other items that are in your letter.Is that
correct?
A I misunderstood your question.
Q You have testified to certain items that are missing.
But there are other items in your letter that you have
not testified to.
MR.REGA:
evidence already.
He placed that into
Q.Overhead door in the small garage'missing.Isn1t it
true that that was not there at the time 01'sale?
A To the best of my lmowledge it was.That's the best
I can tell you.
Q Did you see it there?
A I was in the area.In my mind there was a garage door
there.
Q Please answer the question.
A Yes.
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Q What about the down pipe on the house?
A They were there.
Q They were there when?
A The date of the sale .
Q you have here a commode was disconnected.Does that mean the
commode was removed or what?
A It's there,not functional.Itls been removed from its mounting.
Q What's that mean though?Does a pipe have to be connected?
What is the problem there?
A The plumbing appears to be in the floor and the commode lays
20 feet across the floor from it.
Q Was that connected on the day of the sale?
A To the best of my knowledge.
Q I was there at the date of the sale,is that correct?
A you were.You arrived late.
Q Did anybody go into the basement of the house?
A We did.
Q Did you?
A Yes.
Q Who was with yo u that day w hen you went into the basement?
A Carl E.Jones.
Q Is that before or after the sale?
A Prior.
Q Before I arrived.
26
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Before Mr.Barna arrived.
Yes.
The work bench,where was that located?
In the garage .
A nd how was that,this bench attached?
To the wall.
By what means?
Nails and screws.
And there are some channels.Were they attached to any part of
the real estate?
Yes.
What type of channels were these?
They are what is termed \le"channels'laid in an inverted patterln
with the flange unused in what would be termed the grease rack
a drive-on item to avert cars from driving off the ramp.
As I understand it then,if these item s were replaced and the
items mentioned in your letter,if they are r eplac ed,you will
have no claim for money damages for these items.Is that corrE ct?
As long as those items are replaced intact with no damage to thl:
real estate,I will have no claim for the items,per se.
Does anybody else have any questions?That's all we have,
Your Honor,of this witness.
THE COURT:You are excused,sir.
28
MR.TEMPEST:If the Court please,one question here.Does
the witness have any objection of Mr.John M.Ofcharik enterinl
the premises to replace thes e items?There has been some
problem there.I'd like to get that straightened out now .
it will be done.I understand he lives in Fairless Hills.As
convenience,and that the work be done to his satisfaction.
long as he makes the time for us to enter the property to do
workmen going on the premises to do this work?
Your Honor,we would have no objection to that
As long as he's available in that oO-day period,
I'd like to ask something.Mr.Jones would
At a time convenient to the parties.Are there
00 days.
Is there any objection to Mr.John Ofcharik,Jr.or any of his
as long as it would be on the condition that it be at Mr.Jones I
any other witnesses?
1ike this work completed within a reasonable time,not to excee ~
MR.REGA:
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MR.FERGUSON:Your Honor,if I may,I think we should also
have on the record that Mr.Ofcharik---and I believe you have
agreed tbjhis~:Mr.Tempest---there would be no charges to th
29
estate for Mr.Ofcharik repairing or placing back the items
that have been issued here this morning;that he would be doing
this on his own and free of charge,so that no charges would be
assessed by him against the estate for this work.Is that
a fair statement?
would be material to this particular phase of the testimony.
call Mr.John Ofcharik.If they have any other witnesses to
to have someone explain to me what disposition or if they are
The pr ior witness has already given his idea of
We have no further witnesses.I would like
We w ill hear another witness,whomever couns 1:>1
That is a fair statement,but I'd also like to
the rental value.
on the property.
prepared to add to the agreement the question of the rental valu I:>
testify as to what items he has and he could replace---some of
these items were missing for years.and can't be replaced,so that
THE COURT:
MR.REGA:
desires to call.
THE COURT:
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MR.REGA:Mr.Tempest was inqu iring of us what would s tiSfy
our claim,and we have agreed the satisfactory replacement
of the items would dispose of that portion of it.But I wondered
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if he wanted to s peak on the matter of the rental value.
THE COURT:I will leave that up to counsel.
knowledge of any rent due Mr.Jones.•MR.TEMPEST:As far as the es tate is cone erned,we have no
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Now if counsel wishes to elaborate on that with another witness,
he may do so.
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uo~as to rent at this point.He's saying---
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been unrentable because of the lack of these various items.
And I don't know how long a period has elapsed there that the
property has been unrentable.But he has given a figure that
the witness has explained that he feels that the property has
I don It know that the Court is clear either,butlfiTHECOURT:II:
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he feels the property should bring per month.That's all we
have in evidence so far.
MR.REGA:If the Court please,I will recall Mr.Jones
to elaborate on that briefly.
THE COURT:
so.
Jones
You may,if you wish to recall him,you may dl
You have already been sworn,sir.You may take the s tap.d.
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GRIFFITH JONES IS RECALLED TO THE STAND.
DIRECT EXAMINATION BY MR.REGA:
Q Mr.Jones,in your earlier testimony you made reference to
the fact that by virtue of the fact that certain fixtures had been
removed from the house,that it was unusable for your purposE S,
and that specifically,your purpose was to rent the property.
Would you please describe for the Court what you feel to be
adequate compensation for this period of time,whatever time
that m ght be?
hearsay.If he has a real estate man,if you want
Yes.The real estate agency with which I concurred to try to rent
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MR.TEMPEST:I object to this.This is
to put a real estate man on----
THE COURT:We don't have his stateme t
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yet,Mr.Tempest.He just said he went to the
real estate agency.Now let's see what we have,
whether it is admissable or not.
Would it please the Court if I named the real esta te agency?
Jones
THE COURT:
32
It doesn't make any differEnce
who the agency is.What do you wish to show,about the
rental value of what?
•A Yes .
THE COURT:I think that tha t is materia
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at this time.The rental value through a real estate agE ncy,
you may testify to that.It's not conclusive.but it givefs
us some idea.
In asking,I found that they felt the value of the property for
rental would be about $150.00 a month.And that is what I am
asking.$150.00.
For what period of time?
I think six months period is sufficient.
Why do you decide on six months?
The property has stood vacant for a ;longer period of time.ThE
reason for the standing vacant beyond that period of time.when
we had the storm Agnes through,it rendered portions of the
road impassable.and in my mind.that is why we can't claim
against this estate beyond that point.
So if I understand,you are saying essentially.six months
would be the length of time that you would have needed to put
the property into usable condition and that you are not claiming
beyond that period.
A
Jones
I feel that is reasonable,yes;six months at $150.00 a mont~.\
33
•CROSS EXAMINATION BY MR.TEMPEST:
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Mr.Jones,how long would it have taken a contractor or yourseltf
to make the repairs that you outlined in your letter?
I don't know how long it would take to do it,because I'm not
a contractor.But in trying to hire one to do it,the period of
time it takes onc e you initiate trying to find one to do it is'the
problem.In trying to find a contractor,theolosestone I could
get is six months down the road before they will start.
The items that you have outlined in your letter,in your opinion,
how long would it take after you acquired a contractor?
The estimate we have is som ething to the extent of 180 hours.
In that case then,assuming it would take one month to get it
repaired,you could have collected rent after a month,is that
correct?
If a contractor was able to be found to do it immediately..
What attempt did you make to get a contractor?
We made attempts to contact people to do so,but everybody
keeps putting you off.
Who did you contact?
By name?
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Fr¥e ·Cons:truction.
Joseph Frye?
Yes.
And you contacted him when?
The exact date,I'm not certain.It's been nearly a year.
Perhaps more...
At the time of the sale or shortly thereafter?
At the time of the sale these things weren't missing.
Shortly thereafter?
Yes.
How long after?
11m not certain as to the date.
Two weeks,three weeks?Do you have any idea?
I would say less than two weeks.
And his response to you was that?
Everybody is busy.
He couldn't do it?
He came and made the estimate at that time.
Do you lave that estimate?
We have an estimate.
From Jose ph Frye?
Agreed.
34
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With me personally?No.
Could you see that the Court receives or we receive a copy of
that?Could you see we receive a cOpy of that estimate?
We tried to admit that as evidence earHer.
You see that we get a copy of it,all right?
Yes.
That's all I have.
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Just a few more questions.Mr.Jones,I believe you stated
before that somebody was in possession of the property at the time.
Who was it?
At the time of the sale?
During this whole period of time,after the sale until you finall,
gained possession.
John M.Ofcharik,Jr.was in residenc e.
Did you try to gain possession during that period?
Yes.
I understand that you did not get possession.
Right.
In the alternative,did you seek compensation in the form of
rent?
We did.
RECROSS EXAMINATION BY MR.TEMPEST:
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From Mr.Ofcharik.
In the form of a letter,yes.
Did you receive rent?
No •
Isn't it true,Mr.Jones,that you notified him to remove himse f
from the premises by May 15,1972,and if he failed to do so,tl:len
you would charge him rent after that date?Is that correct?
I don't have the letter before me that you do,sir.
Well,I do,and isn't it a fact that he moved before the date
rent was due?
Whatever date the letter states that I signed,I am certain we
are in agreement on.
It is true then that he doesn't owe you any rent because you neVl r
asked for rent.Is that correct?
Mr.Tempest,I was informed tha t the date we conveyed m mies
for tha t piece of property,that I would obtain poss ess ion that da.
Isn't it true that you didn't ask for rent until After May 15,'72
That is correct.
A nd he moved before that date,isn't that correct?
Without the letter before me,all I can state is you have better
know lede-e than I at this point.My memory doesn't serve me
36
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too well.
While your attorney is reading the letter,you are not making a
claim on Mr.Ofcharik for rent,are you?
I am making a claim to Mr.Ofcharik in person.
You are not making a claim against the estate for rent during tl e
time that John occupied the premises,are you?
No,sir.
So your claim for rent starts after he moved from the property,
is that correct?
Agreed.
37
May,I read this into evidence?
Here is the letter.That will refresh your recollection.
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As I understand it then,he moved on or about May 15,1972.
That is correct.
A nd you are not c Jaiming rent prior to that time?
No.
So the six months you are talking about has to start on May 15,
'72,is that correct?
That's understandable,yes.
Now the reason you couldn't rent it,according to your testimon ,
I----~~------------------------
Jones
more than six months,is that correct---you're not asking for
more than six months after May 15,is that correct?
38
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The reason you said was because there was a storm and someth ng
happened to the bridge.Is that correct?
I made no mention of a bridge.
What was the reason you couldn't rent it for a period longer thap.
six months?
was
The road/,.not passable tonormal traffic.
That had to do with a storm,is that correct?
Agreed.
What was the date of that storm?
I don't exactly know.
If I would tell you it was in June of '72,would you say that was
approximately correct?
No.
Isn't it true that the bridge and the road was washed out in
June of '72?
I don't keep track of storms by date.
You know when your road was washed out and you couldn't get t i)
tht.:property.
I recall it was later in the year.
How much later?Two months later?
I-----t-----------------~-
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Jones 39
REDIRECT EXAMINATION BY MR.REGA:
A Would you repeat that?
Q It.was your understanding at the time of the sale that you
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correctness of that.
I submit that if you are claiming rent from May 15.'72 up
to the time you coul'dn't get to the property.the most it would tie
would be two months.That's all I have.
Mr.Jones,it was your understanding at the time of the sale.
you were entitled to immediate possession of the property.is nat
correct?
were entitled to immediate possession.
Agreed.
Was there any agreement between you and Mr.Ofcharik that yo~
would not charge rent and that.in fact.you would give him free
possession f0r a period of six months?
Ther e was none.Excuse me.if I may.we did.in fact.ask Mr.
Ofcharik to leave and he refus ed.
That!sall.
Jones 40
RECROSS EXAMINATION BY MR.TEMPEST:
Q There seems to be some misunderstanding about the date you
•
purchased this property.After you had purchased the property
isn't it a fact that you didn't get possession because you didn't
come up with the balance of the purchase price?
As of December,yes.
up with the balance of the purchase price?
that yet.He testified as to the date.But he didn't
reason you,diidn't get possession of the property.
Your Honor.I believe
No.he hasn't testified to
Or pay the balance.
MR.REG:A:
THE COURT:
THE COURT:
he's testified to that.
Yes.Your Honor.or pay the balance.And I submit the reason
the Court.setting a date for a hearing whereby you would come
And isn't it a fact that Mr.Barna and myself filed a Petition wi h '
testify why they waited that long.They did file a petitipn.
We filed a Petition to forfeit your hand money and thatis the
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possession until you paid the balance in accordance with the
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fulfill the terms of the Court Order originally.Isn't that correct?
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,And that's why you didn't have possession.
------ij-----------f--
------------------------------
Jones 41
THE COURT:Do we ha ve a date in the
record as to when that was paid?Was that December?
I only have December 13,'71 here.That's only two
days .
the date of the sale by the Court.
that is dated March 13,1972.And we have received thi:>
confirmation of the sale,Your Honor,confirmation of
given on or before May 13,1972.
That is our position.And
That's the date of the
That would be '72 .
When was the money paid?
So there couldn't be any
I have a copy of the s ettleI1~ent
MR.TEMPEST:
MR.TEMPEST:
MR.FERGUSON:
THE COURT:
THE COURT:
THE COURT:
March 13,1972,and possession of the property was
claim for rental before they were entitled to possessio[1.
sheet received from the lending institution here.And
balance of the purchase price,I would say on or about
April 12.
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MR.REGA:That's all I have,Your Hollor.
MR.TEMPEST:I do have one witness to call,
to present rebuttal testimony.
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THE COURT:
42
You are excused,Mr.J01 es.
Are there any other witnesses?
MR.REGA:-
THE COURT:
you have?
MR.TEMPEST:
No,Your Honor.
Mr.Tempest,whom do
I'd like to call one
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of the executors,Mr~John Ofcharik,Jr.
If the Court please,II d like to refer to
Claimant's Exhibit IIA".It's a letter that was
sent to my office concerning the items alleged y
missing or damaged or removed from the real
estate.
JOHN M.OFCHARIK,JR.IS CALUD AND DULY SWORN.
DIRECT E XAHINATION BY MR.TEMPEST:
Q What is your full name,piease?
A John M.Ofcharik,Jr.
Q Where do you reside?
A Monongahela,R.D.2.
Q And what is your capacity as far as the estate of John
Ofcharik,Sr.is concerned?
A lim co-executor.
Q Who is the other executor or executrix?
A Mary F.Ofcharik.
Q Referring to this letter that you have a copy in your
hand there,could you tell us about the mirror on the
Ofcharik
bathroom wall,what the circumstances are surrounding
that?
A I did remove them.
Q Are you willing to replace them?
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Yes,sir.
Was there any damage when you did remove these that you
know of?
Just left the screw hole where I removed the screws frot
the Wall.
In your opinion,can they be replaced without damage
to the property?
Yes,sir.
You are willing to do that?
Yes,sir.
What about the trays above the sink and towel racks?
They can be replaced.
You have them?
Yes.
Medicine cabinet shelves and glassho1der.
They will be replaced.
Was the glassholder broken?
No.
A
Q What'is-thisk1tchen counter top partly removed?
It was an extension of the regular kitchen cabinet that
we used only if necessary.When it wasn't being used,
it was on the hinge and folded flat against the wall.
Q Was that removed by you?
Ofcharik 44
Can it be replaced?
Yes.
Yes.
What do you mean by that?
That belonged to my wife when I married her.
When were you married?
I was married in November of '67 •
And how was the hood attached to the real estate or how
No,sir.
real estate?
Without anY,damage to the real estate?
Without any damage.
What about the stove hood and vent?Is that a part of he
was ftlbeing used as part of your home?
It was mounted on the wall with screws.
And was there any way of removing that without damage
to the real estate?
There is no damage to the real estate ,other than Itf.·lef
a hole in the chimney.
Can that be repaired?
Yes.
Are you willing to repair it?
Yes,sir.
The garbage disposal and attachments removed.Can you
tell us about that?
A Yes.That belonged to my wife.,
Q That belonged to your wife?
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A Yes,to me and my wife-.
Q Why wasn't the drain under the sink replaced then?
A I was going to replace it,but Mr.Carl Jones asked me
for the key to the premises,and he insisted that I giVE
him the key,so I did and I never entered the house agao!n.
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That's Mr.Griffith Jones'father.
Do you know whether he was acting on behalf of Griffith
Jones?
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Is there a drain for the bathtub disconnected?
Not to my knowledge,sir.
Did you remove any drains or anything from the bathtub?
No,sir.
I presumed he wa s•
Now the 220 fuse bOX,is that a part of the real estate'
Whatiis~'.ij;~a~:part of,in your opinion?
That was a special box that I had put in for use of my
welder.
When was it put in?
I have no idea when it was put in.It was prior to my
dad's death.
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A No.
Q What about the commode being disconnected?Did you
disconnect that after the date of the sale?
A No,sir.That was disconnected in '6~.
Q For what reason?
A I was going to remodel the downstairs bathroom.
Ofcharik
Q After ~ur father passed away,did you keep this propert.
in the state of repair or remodeled in any way?
A At first I did,sir,yes.
Q And the commode was not then disconnected after the datE
of sale,is that correct?
This was not removed after the date of the sale?
No,sir.It was disconnected in 16~.
What about the water softener and pump removed?
The pump had been disconnected a good while too,sir.
When was the pump disconnected?
About '60.
me.
No,sir,it was not •
Did you go into the basement and explain all this to
Mr.Griffith Jones prior or after the time of the sale?
Mr.Jone s had an appraiser up there.And I went into the
basement with him.And I told him that the water softene r
belonged to me and my wife,and that it did not go with
the property;and when I moved,it was going to go with
A
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Did he have any objection to that?
They didn't make any statement at all.
And how much did you pay for the water softener?
The original price was $604.00.And we financed it,and
the finance charges came to about $900.00.
Q And what date was that placed in that line or in your
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A I got the papers there,I think it was late '60 or earl3 '69.
Ofcharik 1+7
Q \Vhat about the plumbing in the cellar disconnected and
no water upstairs?
A Originally,the water was flowing in tne house by gravi y.
And then my dad bought a pump,but the pump didn't work
right on account of the gravity,so we disconnected
the pump.
During your father's lifetime?
Yes,sir.And there was a valve between the pump that
you could use the water straight from the spring by
gravity flow or use the pump,either one.
Is that still available?
Yes,sir.
And then there would be water throughout the house.
Ye s.He just opened that one value up,there woUld be
water in the upstairs kitchen •
Two window screens missing.
Those would be in the basement,sir.
They have not been removed from the property?
No,sir.
.Outside drain pipes removed.Were any pipes'removed
after the date of the sale?
No,sir.
Are they presently there or are they gone?
I don't think they are there.I think they was gone ever
before my dad died.
Q As I understand it then,there are no drain pipes then
on the house.
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There are a few drain spouts left on.the house,yes.
You didn't remove any of them?
No,sir.
A clothes line.
Clothes line poles,those belonged to my wife,s6 I
removed them.
Did it leave any damage to the real estate?
It made a few holes on the lawn.I had filled them,but
they must have settled.
You filled them with dirt?
Yes;where I removed them,I filled them with dirt.
Overhead door in the small garage he said was missing.
It wasn't up the date of the sale.
Was there any door there?
No door at all;just the opening.
Where was the door?Did the garage ever have a door?
Yes.
WhQt happened to the door?
It deteriorated.
When?
I couldn't tell you,sir.
Prior to the date of the sale?
Yes,sir.
About how long before the date of the sale?
A year and a half,two years.
And you did not remove it?
It was removed before,sir.~fuen it deteriorated,I
,...-----......,.-------------------------------~
Ofcharik 49
took it off.
Q The work bench and an "I"beam in the garage missing,
and a broken window.
I did.
I did,sir.
It's not attached to anything,is it?
It's attached to my work bench.
And the work bench itself,was it taken?
I did remove that,sir.
Who owned that?
Did it leave any damage to the property?
A The broken window happened even while my dad was still
living.That was part of the garage.The latch had
come unlatched and the wind broke the glass,and we
just put a piece of plywood in place of the glass.
That was done when,prior to the date of the sale?
Prior to my dad's death.
What about the "I"beam in the garage?
I did remove that.
Are you willing to replace it?
Yes,sir.
How big is that "I"beam?
I don't know Which one he I s referring to.I have one
I used as an anvil.It was three foot long.
Is this an "I"beam that holds up the garage Or ·what?
No.A place to beat metal on,like an anvil.
Who owned that?
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A It was bolted to the garage with bolts.It just left
the bolthole s•
Q The bolt holes in what?
A In the upright petitions.
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Yes.
Wha t type of work do you do?
I'm an equipment operator.
What did you use this bench or this anvil and II I"
beam for?Is that part of your work?
Just to work around the farm.
Farm work?
Yes.
Was this place maintained'las a farm at one time?
Not really.
~Q But the work bench and II I"beam was used for little
~~maintenance around the farm •..IIID::~A Yes.
;)o~Q What about the channels for grease rack?What t s that?
<l:u~A Those belonged to me and they laid on the concrete
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block wall.
Q They weren't attached to anything?
A They were not attached.
Q Who owned those?
A I did,sir.
Q Did you purchase them?
A I did purchase them.
Ofcharik 51
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No,sir.
And they were removed by picking them up?
Picking them up off the block.
Where did you buy them?
Washington Steel,Washington,Pa.
Do you remember when?
Approximately 1962,'6j.
There is also testi~ony.itt s not in this letter here---
support beams in the basement were removed and four by
fours put in their place.Is that correct?
Yea,
You heard the testimony?
Yes.
Will you explain to the Court what you intend to do wit!
these or whether you removed them or what the circum-
stances were?
I did remove the steel posts and I will replace them.
And will that cause any damage to the property in any
way?
No,sir.
Is there another beam of any kind 25 feet long,I think?
That was the rail overhead that I used to hoist the
engine out of the chassis when I repaired an engine.
Q Where was this rail?
A Overhead of the garage.
Q Who owned that?
Ofcharik 52
A Yes.
A Yes.
A No,sir.It was on the farm when we moved on the farm.
Q You a~e willing to replace it?
A Yes.
Q Do you remember the date?
A May 14 or May 15.
Q Do you recall storms after that,John?
Just a few more questions.Mr.Jones hasThat's all.
testified that he did obtain possession on or about
May 15.
A Yes.
wereQAndybu/removed from the premises on or about that date,
is that correct?
Q
A I could say I did.It ~ould belong to the estate.It
was just an old piece of real,railroad rail.
Q Is that the beam,tre 25 feet long beam,approximately?
A Yes.
Q Will you replace that?
A Yes.
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Q When was the storm?
A In June of '72.
Q Do you rememoer the date?
A No.It was Hurricane Agnes went through here.
Q What did that do with reference to the access to this
farm and this residence?
Ofcharik 53
Anything else?
No,sir.Concrete approaches.
No trailer bed?
Yes.\'ihen Hurricane Agnes moved through,it left a
big wash-out.I had an empty trailer that I used to ha 11
steel on,and I cut it in half and laid it in to make
an approach to the bridge.
That belongs to who?
That belongs to me.
So part of the approach is a trailer that belongs to yOl,
1s that correct?
what
This bridge you said washed out,lwas that constructed o~?
II I"beam and plank.
Yes.
A It washed both sides of the approaches to the bridge
fuat leads to the farm.
Q And after that date,was access by motor vehicle car
possible after the storm Agnes?
Only by something like a pick-up truck or a larger truc •
Mr.:.Jones testified that after that,he didn't feel
the property could be rented because of the access.
Is that true?
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A Yes.
Q Why didn1t you repair some of the pipes and different
things in this house in order to make it more usable?
A At first I did,sir.Then I founa out I wasn't going to
be able to purchase the property,so I just quit repairing
Ofcharik
it.
Q What about the items Mr ••Jones put in his letter?
Why weren't some of those repaired?The water line,thl
valve broken or the trap unoer the sink.
A The day I was moving,Hr.Carl Jone s came up and asked
me if I had everything out or the house,and I said,11~s.1l
his wife was getting sick because she saw so many cars
So he asked me for the key to the house and he said
going up and down the h1l+,so he insisted on having
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zx~Q Do you have any material in your home now that would
~
CROSS EXAMINATION BY MR.REGA:
pump,you had disconnected it in 1960.Isn't it true
Q Mr.Ofcharik,you mentioned with respect to the water
that although you mayor may not have disconnected it,
that you did not remove it and that it was present in
the house at the time of the sale?
A The water pump,sir?
Q Yes.
t be used in repairing these items?
it..~A Yes.Most of these items are at my,home now •
..J0(~Q That's all I have.
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A The water pump was not connected.
Q It may have been disconnected.Was it not still attach d?
Ofcharik 55
Yes.
I'm going to show you a photograph taken by Mr.Jones
and in this photograph it depicts the cellar of the houie.
a
You will notice/four by four beam.Is that the beam
you replaced it with?
That1s the four by four I replaced,yes.
Do you notice immediately to its right,a beam running
down the length of the cellar?
That would be a floor joist.
Isn't it true that the jack posts,in fact,stood under
that beam in order to provide support at that point
in the cellar and not where you have replaced it with
the four by four beam?Are there not indentations in
that beam that show where those jack posts were and thi~
It may have not been operable.
A It was not attached either.
Q With respect to the six jack posts,the supports,isn't
it true that you put those jack posts in for support?
Yes.
And that assuming the house needs support,:.hasn't the
house been damaged?It's already settled as a result
of the removal of those jack posts.
No.I replaced those jack posts with four by fours.
How many?
I took each steel jack post out.I put a four by four
jack post in its place •
Directly in its place~
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Ofcharik 56
years •
Q But after the property was sold,01'course,your father
could not give you that permission any longer,so you
really had no legal right to possession of that propert~
during that whole period,did you?
this may be a legal matter where the executor
has to preserve the real estate during the ad-
ministration of the estate,and he was there
as an executor,if that's the period of time
he's referring to.And after the date of the
sale,he did remove from the premises as soon
as he received his notice to vacate.I don't
beam doe s net stand or provide the support that tIl:>se
jack posts provided?
A It might,sir.
Q Mr.Ofcharik,subsequent to the sale in the Order of
the Court,by what right diq you maintain possession
of this property?Under what title or authority?
A I lived there for 30 years with my dad.
Q Did you have a deed to it?
A No,sir'.
Q Of course,not;the deed was in Mr.Jones'name,is that
right?
A Up until the time of the sale,yes.
Q Did you have legal title or right?
A No.Just as a child of my dad.I lived there for 30
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MR.TEMPEST:If the Court please,
Ofcharik
know what:lother time he's referring to.
57
THE COURT:It's already in the
I'ecord as to how he removed and when he remove <,
snd whether or not he had title and what title
he may have had.is not material to this issue.
So we would rule out any questions as to title
Q I have no further questions.
MR.BARNA:Your Honor,on behalf 0
the executor,Mary Ofcharik,I'd like to ask
him a few que stions •
EXAMINATION BY MR.BARNA:
Q Mr.Ofcharik,it is my understanding from your testimon"
today that you married your wife after your father died
A Yes,sir.
Q And she moved in the house with you.
A Yes,sir,
Q And did she bring any of her furniture along?
A She had six rooms of furniture she brought.
Q From your testimony,the stove hood and vent she brough
with her.
A Yes.
Q And you people installed it in the kitchen.
A Right,sir.
Ofcharik
A No.We bought that later,after we got married we bought
that.
Q And:.the water softener,was that bought after you got
married?
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That was bought after we got married.
Now the clothes line poles~were hers that you brought
along.
Yes,sir.
And so these items are either your wlfe l s or yours and
your wife's that you bought after you were married that
you took with you.
Right,sir.
And then the commode was not connected in the 'basement
at the time or the sale.
No,sir.
~Q And the water pump was not connected at the time of the
IIIt-~sale.LIIIa:~A Right.
:;)o~Q Was it in the basement at the time of the sale?
«u~A It was in the basement,yes.
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Q But it was not connected?
A No,sir.
Q That's all.
MR.REGA:Mr.Ofcharik,did you say the pump was there?
A Yes,sir.
MR.REGA:Is that consi~tent with your earlier testimonyb
A Yes,sir.I said it wasn't connected,it was out of its
e location.
MR.REGA:The question I asked you earlier was it might
answer was not to your ql estion,but JOudidn't pursue
on behalf of the heirs---
it.He never said that it wasn't tnere.
have been disconnected,but it was there.
His
is now that it was there.
And his answer was it was not connected.
Yes,I did.
You asked him that,but he never answered your
That's all the questions we have of this witne s,
So his answer.,
Yes,but not connected.So there is no in-
Your Honor,if I may 'just make one statement
consistency.
question.
apparently.
THl'.:COURT:
MR •Ri:!:GA :
MR.FERGUSON:
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THE COURT:Are there any questions to ask this witness?
MR.FERGUSON:
THE COURT:
No,I do not.
You may make your statement in a minute or so.
Ofcharik
EXAMINATION BY THE COURT:
Q Sir,when you say you were in the .oo.sement with the
appraiser,what appraiser do you refer to?
A I didn't meet the gentleman by name.But I figured it
was the bank from Cm rleroi that Mr.Jone s was going to
receive his money from.
60
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And who went into the basement with you and the apprais4r,
if anyone?
Mr.Griffith Jones.
And that time what did you explain about the water
softener?
I told him that my wife and I bought the water softener
and that it did not go with the house.
Was Mr.Griffith Jones in a position to hear that?
Yes,sir.He was as close as the JUdge is.
Ii Q That's all I had.Any other questions of this witness?
II:III..II:~MR.TEMPEST:It is my understanding then,Mr.Ofchari~,
II:..~that you will repair everything or replace anything thaou
~doesn't belong to your wife.Is that correct?
ij
ii:~A Yes,sir.
MR.TEMPEST:Or belonged to you personally,or items
that belonged to you personally.
A Yes,sir.
MR.TEMPEST:
THE COURT:
MR.REGA:
That's all.
You are excused,sir.
With respect to the hood in the kitchen,
Ofcharik
you said that it left a sizeable hole.
A It left the vent hole,yes.
61
MR.REGA:And you will repair that?
A I will repair it.
MR.IlliGA:You will replace it with the hood?
A No.That belongs to my wife.The hood belongs to my wif •
I will repair the hole.
MR.REGA:But it was attached to the chimney and it did
leave a hole?
A It did leave a hole,yes.
THE COURT:1'1r.Ferguson,what is your statement?
MR.F.I£RGUSON:Your Honor,on behalf of my client,it ,.,ould
be our contention that if the alleged claim of Mr.
Jones is determined by this Court to have---we do not
at this point think it does but if you decide that it
should have merit,that any liability in connection
with his claim should be solely against 1~.Ofcharik
and not the estate.Because in removing these items,
Mr.Ofcharik was not acting in his fiduciary capacity
as executor of the estate,but in a personal manner.
TB:!!:COURT:
MR.FERGUSON:
As a pe~sonal what?
In his own personal manner.That these were
things that he had taken out for his own benefit or for
the benefit of he and his wife.And if the land was
62
rendered uninhabitable or non-rentable,and the Court
should decide this 1s due to the fact these items were
removed,I think the question of liability rests solely
on the shoulders of Mr.Ofcharik and not on the estate,
because he was not acting on behalf of the estate in
removing these items.:3z«>.J>tilZ
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THE COURT:I understand your position.Any other
~testimony?
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No •
Very well.We will close the case on
We do have several claims on behalf of
the heirs.would you wish to recess at this point?
claims,we will hear them at 1:30.We shall recess
until 1:30 and we will hear any other claims at that
time.
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(Testimony closed)
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stenographer1s Certificate
I hereby certify that the proceedings and evidence are
contained fully and accurately in the notes taken by me on the
hearing of the above cause,and that this copy is a correct
transcript 01<the same.
e Hammond
Court Reporter
Certificate or Hearing Judge
The foregoing record of the proceedings upon the hearin
of the above cause is hereby approved and directed to be filed
By the Court,
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}
IN THE COURT OF COHHON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
i.~O.63-71-1092
IN RE:
ESTATE OF
JOHN M.OFCHARIK,
Deceased.
PETITION FOR DISTRIBUTION
OF INTEREST EARNED SINCE
AUDIT
lu ~..."\.,.,-'..--~II '-\-.\'
"-II r\-
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BARNA AND BARNA
ATTORNEYS AT LAW
-------------------------
___---~7
:.---------~....
p'e ,;:-
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I~THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
I.
IN RE:
ESTATE OF
JOHN M~OFCHARIK,
Deceased.
)
)
)
)
)
)
NO.63-'71-1092
"
",
"I:I:
:!,
I,
PETITION FOR DISTRIBUTION OF
INTEREST EARNED SINCE AUDIT
AND NOW,come the Executors of the above-captioned Estate,
John M.Ofcharik and Mary F.Ofcharik,by their Attorney,Paul N.
Barna,Jr.,and make the following Petition:
Since the Audit in the above-captioned matter which was
held on the second Monday of September,1972 until the present,
during which time hearings took place on various claims against
the Estate and an opinion was finally handed down,additional
Receipts in the form of income came into the Estate,and some
additional Disbursements were incurred,a list of which is
included below,and which your Executors pray the Court to
approve.
It should also be noted for the record that an explanation
of the delay in the Decree of Distribution in this case came
about due to the illness of Judge Marino at the time of the Audit.
,'
Judge Alexander'Curran then took over the Estate until he
himself became ill and eventually died.
Judge Marino,who had since retired,was then reassigned to
this case to hear the claims as a Senior Judge.After the
hearing,he became ill and was unable to prepare his opinion
until October 12,1974.
,,.
Page Two
R E C E I P T S
Interest received,'0'~I 't L
Pittsburgh National Bank $1,D~2.42
DIS BUR S E MEN T S
Commonwealth of Pennsylvania,1974
Fiduciary Income Tax return $20.00
Barna and Barna,Costs Advanced:
Russell Marino,'filing fee for
Objections to Claims .
Russell Marino,filing fee for Petition
for Distribution of Interest
Earned Since Audit........
Barna and Barna and Clyde G.
Tempest,Attorneys at Law:
Additional fees for representing the
Executors of the Estate at the
hearing of Griffith Jones and Mary
Jane Mundorff et al.,and the
preparation of Objections and Brief
in pursuance to said claim;also
preparation of 1974 Pennsylvania
Fiduciary Income Tax return
Internal Revenue Service,1974
Fiduciary Income Tax return .
And your petitioners will ever pray.
CCM10NWEALTH OF PENNSYLVANIA )
)S8:
COUNTY OF WASHINGTON )
7 Notary ~lic
MY~conrrdssion expires:
~...~
SIEHiAr'~,l'O":ACK,Notary Public
OUBl".','ton Cmmty,Pa.
:.'1 I"l>..;I~.llJn EltlliresJ..II.ZD,1971:
3.00
7.50
500.00
72.00
$602.50
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
,
ESTATE OF
JOHN M.OFCHARIK,
Deceased.
)
)
)
)
)
)
NO.63-71-1092
ORDER OF COURT
AND NOW,this__~/~"L-__day of March,1975,the Receipts and
Disbursements in the foregoing Petition are hereby approved.The
Executors are ORDERED to make payment of the same,and the residue
-is to be distributed to the heirs in the proportions set forth in
the Decree of Distribution dated March 5,1975.
ge