Loading...
HomeMy WebLinkAboutOC1968-0992 - ESTATE OF LUDWIG/ / '. •\ '. \ IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNA NO.71:H OF 1968 IN RE:Estate of NELLE LUDWIG, deceased • ,tif / PETITION TO SETTLE ESTATE UNDER SECTION 202 OF THE FIDUCIARI~ACTand-o R D E R " \ I., e ,l'~~1n~~h I....'-;l 4~i.,~.·~..'}'.\J).~.~'~ (..""{:;,;.;I~ t"-:AUGUST L. I".., ..' !'":..; I" ,.-~~~-_.~ ~u.-. ~.. f\) SISMONDO ''"t!:, ~\" " ATTORNEY AT LAW CORNER FOURTH ST.AND FALLOWFIELD AVE. CHARLEROI,PA. The Tuttle Law Print,Publishers,Rutland,Vt. /A/-03~- .-,-.., IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA IN RE:Estate of ·NELLE LUDWIG, ....... deceased. NO.·OF 1968 PETITION TO SETTLE ESTATE UNDER SECTION 202 .. OF·THE FIDUCIARIES ACT-_.......-- ·TO:THE HONORABLE PATSY:£:.MARINO, PRESIDENT JUDGE OF THE SAID COURT The Petition of THOMAS WILLIAM LuDWIG respectfully represent ...' 1.That NELLE (Babe)LUDW~G,a single"person,died .intestat on August 8,1967,domiciled in the Borough of Charleroi,Wash- ington County,Pennsylvania. 2.That your Petitioner is the .paternal nephew of the said decedent and resides at 306 Fifth Street in the Borough of Charleroi,Washington County,Pennsylvania. 3.That the decedent left no Will and the issuance of letters of administration on her estate is not contemplated and/or required. 4.That the estate of the decedent and the value thereof consists of the following,to wit: REALTY:None PERSONALTY: 1.Wages -None - 1 - a. 2-.Cash in bank: Balance 1n First;National Bank, Charleroi -Savings Account No. 7276 with interest to 5/1/68 • ·• •• b.Balance in First National Bank, CharleroiChristmas Club Acct.•No.D8625.•••57·50 Total $1,552 .55 5.That the said NELLE (Babe)LUDWIG died without issue "but was s urvived only by two paternal nephews,both of whom are sui juris,namely: Name~ Address (a)Thomas W~lliam Ludwig 306 Fifth StreetCharleroi,Pa.15022 (b)Joseph Douglas Ludwig 446 N.Sweetzer Ave. Los Angeles California 90048 41 years 37 years who are entitled to share in her estate under the Intestate Law of the Commonwealth of Pennsylvania. 6.That the names of all unpaid claimants of whom the Petitioner has notice or knowledge are as follows: (a)Francis C•.Slezak (b)W.L.Cunningham, lVJ.D. (c)Saint Jerome Recotory (d)Father Maher (e)Charleroi-Monessen Hospital (f)August L. Sismondo (g)Russell Marino, Register Funeral expenses less social security·$1,295.00 Medical services in hospital 30.00 Upkeep and burial fee, grass,tent and lowering device 170.00 Funeral Services 20.00 Balance due on serVices rendered decedent 7/24/67 to 8/8/67 73.99 Preparation and filing of Petition and for all services rendered estate in the settle- ment thereof 100.00 Filing Petition $ 7.That inasmuch as decedent's estate is insolvent and - 2 - ,- no tax is due the Commonwealth,no Inventory and Schedule of Debts and Deductions for Inheritance Tax purposes will be filed." WHEREFORE,your Petitio'ner showing as aforesaid prays your Honorable Court to make.an Order setting .a date for the hearing of all cla~ms against said estate;the type and form of notice to be given thereof,and the determination ot the amount and priority for the payment of the various claims.' AND,he will ever pray. ~ML~PETITIONER .. • OOMMONWEALTH OF PENNSYLVANIA OOUNTY OF WASHINGTON SS. THOMAS WILLIAM LUDWIG,being duly sworn according to law THOMAS WILLIAM L~ Sworn and subscribed to before me this 2Qth day BETTY J.SWEENEY,Notary Public Charleroi Borough,Washington County My Commission Expires July 31,19/1 -3- ..~, IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA NELLE LUDWIG, IN RE:Estate of ~~deceased.) NO. o R D E R a hearing thereon will be at 11 ....rr-O 0'clockr' creditors of decedent's estate shall ~~~~~~~~~=,1968,the Court upon considerationANDNOW, of the within lU lZ4l...held on ,j4,(mday, ~.M.at which be determined and the priority of their claims set;notice of sai~hearing shall be given by·eei&~@~mail to all known notice of the filingi of this:Petition shall be given to THOMAS WILLIAM LUDWIG by sending him a copy thereof by certified mail at his address set forth in said Petition;after which,the Court will determine the claims against said estate and the priority thereof;after whibh,the Court will make proper distribution of decedent's assets. B r/,!~ "'. •'/', "!'i IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNA. NO.992 OF 1968 Estate of NELLE LUDWIG, deceased. DECREE '"~,, i.. r J~'.~\~\~".) ,. l "'1 ~.~.~.~1'), ~~~'I}'.;:,~~:"'~, J'~<..)...,~0 J>J I • '~\\ ~ '\ ~ "\ \'. I'I I .,;:~':1 ;lir '\'",~JC -'.."-,,"'-_.-o-"\- AUGUST L.SISMONDO ATTORNEY AT LAW CORNER FOURTH ST.AND FALLOWFIELD AVE. CHARLEROI,PA.\.. J ).J -!.-3~.:J ~V\ The Tuttle Law Print.Publishers.RUtl~nd.Vt. -.~'.t.~4 IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA Estate ofINRE:t NELLE LUDW~G,~ deceased.) NO.992 OF 1968 DECREE AND NOW,September ,1968,upon consideration of the Petition filed in the above entitled estate,pursuant to Section 202 of the Fiduciaries Act of 1949 as amended,the Court after hearing,and upon motion of AUGUSTL.SISMONDO,Esq.,Attorney -for Petitioner,orders and decrees that the estate of NELLE LUDWIG,deceased,composed of $1,552.55 cash in Savings Account and Christmas Savings be and the same is hereby awarded to THOMAS WILLIAM LUDWIG and JOSEPH DOUGLAS LUDWIG being the only -persons entitled to the same urider theintesiate laws of the Commonwealth of Pennsylvania ,subject only to the payment of decedent's debts;and The Court further orders and decrees·that the FIRST NATIONAL BA.NK,CHAR~OI,Charleroi,Pennsylvania pay and deliver the aforesaid sum unto THOMAS WILLIAM LUDWIG as trustee for the purpose of paying decedent's debts which have been determined and set as follows: AUGUST L.SISMONDO,Esq.-Attorney's fee and costs of filing Petition etc.$ CHARLEROI-MONESSEN -Balance due for HOSPITAL.services rendered from 7/24 /67 to 8/8/67 REVEREND WILLIAM J~Funeral Services MAHER SAINT JEROME RECTORY -Burial fee w.L.CUNNINGHAM,M.D..-Medical Services FRANCIS C.SLEZAK -Funeral Director "Total - 1 - lill~.46 73.99 20.00 170.00 30.00 1,149.10 $1,552.55 ..'.~. • .. This Decree shall constitute sufficient authority to all parties dealing with the property of the decedent's estate,to recognize the person named herein ~s trustee and entitled to receive said assets for distribution as set forth herein;and shall in all respects have the same force and effect as a Decree of Distribution after an accounting by a personal representative; a certified copy of this Decree shall constitute full authority to FIRST NATIONAL BANK,CHAR~ROI to transfer said assets to THOMAS WILLIAM LUDWIG,trustee,as aforesaid. By \\ - 2 -,"'" " ~k 1 , "PAY TRANSCRIPT ...,..; AUGUST L.SISMONDO I'•;ATTORNEY AT LAW.·~ CORNER FOURTH ST.AND FALLOWFIELD AVE. CHARLEROI,PA. The Tuttle Law Print,Publishers,Rutland,Vt. j f I,'J @ ,, ~'"#' /; ~/' ., ·'. IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA IN RE:Estate of NELLE LUDWIG, deceased. ~ }NO.992 OF 1968~ PAY TRANSCRIPT l(-. ~ SISMONDO,Es • 20.00 ~~l~~~' Maher SAINT JEROME RECTORY 170.00 pex:CJf~1~ ,~ And now,Sept."~.'1968, received of Thomas William Ludwig,Trustee of the Est. of Nelle LudWig,dec'd., Burial Fee per Decree of Court dated September 3, 1968.. . • . • . • • • • . .$ 'dAndnow,Sept.;t ,1968, received of Thomas William Ludwig,Trustee of the Est. of Nelle LudWig,decld., Funeral Expenses (Claim $1,295.00)prorata share per Decree of Court dated September 3,1968 .•.$1,146.1~~~~~~~~~~~__~ .Francis C.Sle~ Funeral Director 't/vAndnow,Sept ./(;,1968, received of Thomas William LudWig,Trustee of the Est. of Nelle LudWig,decld., Funeral Services per Decree of Court dated September '3,1968.• •..... .$ ..,...... .~'.'. IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA Estate of NELLE LUDWIG, IN RE:) (. ~deceased.) NO.992 OF 1968 SUPPLEMENTAL PAY TRANSCRIPT NO.I . .lit' And now,SePt.~,1968, received of Thomas William Ludwig,Trustee of the Est. of Nelle Ludwig,dec'd., bal.due for services rendered per Decree of Court dated September 3,1968 • . • ....ti And now,sePt:~,1968, received of Thomas William Ludwig,Trustee of the Est. of Nelle Ludwig,dece.in full for medical services per Decree of Court dated September 3,1968 •.....• ./\ " ·,J ; ! IN THE ORPB.ANS I COURT OF II WASHINGTON COUNTY,PENNA. NO.992 OF 1968 IN RE:Estate of NELLE LUDWIG, deceased. AFFIDAVIT OF SERVICE AUGUST L.SISMONDO ATTORNEY AT LAW CORNER FOURTH ST.AND FALLOWFIELD AVE. CHARLEROI.PA. The Tuttle Law Print,Publishers,Rutland,Vt. ..", L___,-_._ IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA NELLE LUDWIG, IN RE:Estate of ) ~( deceased.) NO.992 OF 1968 AFFIDAVIT OF SERVICE 'I COMMONWEALTH OF PENNSYLVANIA COUN~Y OF WASHINGTON ,~ AUGUST h SISMONDO,Esq.,Attorn~y at Law,being dUly sworn according to law,deposes and says: ~, 1.That he caused notice by regular mail of the proposed Creditors'Hearing to be held on August 28,1968,at 11:00 o 'clock A.M.,in the above named decedent IS estate as directed by the court,to be mailed to all the creditors listed and E:et forth on Exhibit "A"hereto attached and,made a part hereof, the same being a copy of the notice mailed to said creditors' last known addresses under date of July 31,1968;and 2.That notice of the filing of said Petition together With a copy thereof was also given to JOSEPH DOUGLAS LUDWIG, by sending him a copy thereof by certified mail at his address set forth in said Petition,to wit: JOSEPH DOUGLAS LUDWIG 446 N.Sweetzer Aven~e: Los Angeles,California 90048 See certified mail receipt No.408161 a~~ached hereto and made a part hereof.See also copy of letter dated July 31,1968 attached hereto and marked Exhibi Sworn and subscribed to tary Public BErn J.SWEENEY,Notar Puhlic Charleroi Borough,Washington County My Commission Expires july 31,1971 before me this 19th day of August,1968. /01.:.d~, .'J-~(' C,·..... '\ Ili THE ORPHANS'COllB'?OF tlASH!N(ffON COUNTY"PEf4NSYLVANIA Court Hot,.1se Vie shlngtc)Q.;t>a t ~Il!t,.,.t'a tit.f'.i!g.Q:~\.ii.""'J.;."".., ;. \. :....,., ~. CHARLEROI-MONESSEN HOSPITAL North Cha~leroi,Pa., SAINT JEROME RECTORY P.O!Box 373 'Charleroi,Pa. REVEREND WILLIAM J.MAHER Saint Jerome Rectory Washington Ave.,Charleroi, advise,~..,th~t!,illiQtr~$W!LLIAf.l LUDWIG,neph(fw or the W.L.Cunningham,Jr.,M.D. Suite 202 -Professional,Plaza 625 Lincoln Avenue North Charleroi,Pa.15022 FRANCIS C.SLEZAK Til~235'-237 Fa llowfie ld .Ave. "i'~'Charleroi,Pa.15022. above named d~oe<i~nt rl1~d a Pe't1tl1.on under the Small Estates Aet ~'11th tb~G(>u:~t stt'ow1.ng:that-deoedent'a e~te.te consists only of the rol1o~lng,to Wit. ; Cash A~!'Jets in th¢atn~or ..•"•..~••$1,552.55 DatJt$owittg by the decedent tn tht:8um of $1,588,,99plu~eosta Of adm1rd..~ftl':·atl0.n t.otal1tng...$109.46 The Oourt'has 1!l:et W:e.dnesday~!uguet ,28,'196a~at lltOO olclot3k a <lID.tnthe Orphans I Cou11tRoom on the th1;rd .floor of the.Ceur-t Houae:tn yI&eh1ngtofh PennaYlv~nlaas t;he tltrte and pluee fOJ.'a be$~1ngth said matt~:l?;at which .tlf!~4iI and place the C(}i.U:·t sh~ll determ1n~the p;r:1o:r1ty and the 'lU~lCt~~nt of all ala-lms l(nown to·aa1d eatate• .As a.Creditor feu have Bt>ight to'e,p:pee.r end be he$.rd if you aod$eir~~; I ,AUGUST.);...$I$MONOO At'to~t1ey for Petitioner 337 Fallolif1eldAvenue Charle~o1.~a.15022 ~XHIBIT"A " \' I.:I ~1, \ i,'1 446 North Sweetzer Avenue Los Angeles)California 90048 July 31,1908 August L.Sismondo Esq. Fourth &Fa110wfieid Avenues Charleroi,Pennsylvania 15022 Dear Mr.Sismondo: Thank you for your letter of July 23,1968 and the copy of the Petition and Order concerning my Aunt Babe's Estate. I have no objections to the contents of the Petition. May I also thank you for your courtesy and consideration in the handling of Babe's Estate for my brother,Tom and myself. Cordially,O~!Jcb.~i,se~D.Ludwig // EXHIBIT "B fI , , I I I" .IN THE ORPHANS'COURT OF WASHINGTON COUNTY, PENNSYLVA NIA mistake or my stenographer made a mist~ke,but I will assume the got to do,I ve gor to make a correct ion.It s'eems like I made a May it pleas e the Court,the firs t thing I have Wednesday,August 28,1968;at,11:00 o'clock A.M.,EDST:, AUGUST L.SIsivioNDO,ESQ.,of Charleroi, Penna.;repres enting the Petitioner. THE HONO~ABLE P.VINCENT MARINO, Pres'~derit;Judgeof the said Court. :-~"t?'., l ,., '.,..~~:~i,J '..;. -~ ,HEARING ON PETITION TO SETTLE ESTATE UNDER SECTION 202 OF THE FIDUCIARIES ACT~.~.~, ,,.,,..•.. MR.SISMONDO: BEFORE:, IN RE:) ) ESTATE OF ).,)No.992 of 1968 NELl-E LUDWIq,) ) Deceased.)., " iii TIME:f • ll: 1&I l-ll:o0... 1&Ill: l-ll: ::JoU ..J 0( Uii:lI.o ~...:. u'.a:.~. o ..J0( U o ::J., :t..1"N • • responsibility---;owe inserted the name of Thomas William Ludwig in ~he order of Court when it should have been his brother,Joseph Douglas L.udwig.The notice was sent ~o J os eph Douglas Ludwig, :who is in the .State of California.And the re is also attached to our Affidavit of Service a letter wherein he states that he received the 2 '. copy of the petitio.marid:!the order and he thanks us for it;and he say to go ahead and do what we can.The letter is attached to the.. Affidavit,Your Honor. that was to have been given to Thomas William Ludwig is actua)ly•THE COURT:So that in our order of July 22,1968,the nofic~ to be given to Jpseh D.Ludwig. error. THE COURT: MR.SIS"MONDO:.Because"Thorn8£ That was simply a typographical Notice has been given to Josep~D.LUdwig? That is correct,Your Honor . Yes. 0( z<~>-III Z Z\&IDoi MR.SISMONDO: ol-e>z :t III<~r attached to the "Affidavit of Service whe:Ee:i:n ivIr.Ludwig acknowledg s ..the~whole thing,Your Honor,and if you will note,theiCe is a letter WilFam Llldwig'~s the petiti9~er.And he needs no notice because ~t:I ~~,~i :'"',. So I think,"~he Affidavit of Servic:e covershefiledthepetition. ~" ..:ua: l-•!!!o ...J<oo :l., :to l-l"-N Honor,in this case,this is a Petition to Settle "an Estate Under ,.,..,-:.,,'f receipt of that. r iiia:'\&II-a:oDo \&I ~THE COURT:a: :lo~MR.SISMONDO: 0( uii:lL.o We note that. I attache d a coW of that to make sure.,.Your SecHon 202 of the Fiduciaries Act.Nelle Ludwig die'd intestate on August 8,1967 'J diOmiCN:.ed in Charleroi,Washington County, Pennsylvania.She left to su~vive her as h~r only heirs at law two pat ernal nephews,namely Thomas William Ludwig,who lives in Charleroi,Pennsylvania,and Jos eph Douglas Ludwig,who lives in ,',3 the State of Ca,lifornia;li.GrtJh,of them are ?ver 21 years of age. There are no other relati'ves .Nelle I..~udwi:'gLwas never married;a [ld they said she was married to a man,but she never was married to ... TJ:1es e are the only two individuals'that"are ent~tled to share in her..•" him . . He is now deceased.So there'~no claim on his part. .j 0( z0( ~>-IIIZZ1&1Do ZoI- elZ J: III0( ~ estate.The assets of her estate consis t of a,balance in the First National Bank,Charleroi,Savings Account Number 7276,and we have'had the interest added to it up to May 1,1968,totaling $1,i:l95.65.And she also ~as a balance)n the First National Bank, Christmas Club Account Number D8625,totaling $51H 5jLtJ~~:rotal • ..=u ii:'I-III Ci .J0( ~c:>,"'>'xl-t-N amount of the assets amounts to $1,552.55"' (At the direction of the .Court,off-the-recore discussion was not recorded by the ste~ogra,pher). you s tate that the Court will determine the prio'rity and the amount of claims in the estate.So what is you::idea of the priority here npw? THE COURT: MR.SISMONDO: Now in your notice and also in your Petition, I gave notice to all creditors who have claims. You gave notice to all the creditors?iii THE COURT: a:1&1I-a:oDo1&1a: I-a::>ou .J <{ uii:lI.o .. MR.'SISMONDO:Of course,you have:the funeral bill which woUJ~ be in a class all by itself.Ane the doctor bills.Because they werE all inc.urred dur.ing'the'last-:-~.wit,h~n·thelast six weeks of her illness. -.t •I ';••;.•~I ~,.'f ,.:'."",..,",,:t ~•~•.'• And the burial fee.'The only one that doesn't come within that ca,tegory would be my fee for settling,the estate ~iJ.d.money that I.,,r' 4 advanced.They al,l cQme within one classification.,. ,THE COURT:Well,I think aJtorrey's fees are--- THE COURT:Are shown by the Act to be part of y~ur adminiE - tration.So they are not counted out.That's actually bef~re every~• MR.SIS MONDO:•Maybe corne first? thing.'It ',s pa:r:t oLthe administration. $~O:00:Saint Jerome ·Rectory,which would be the burial and upkee ,.'. place,Your Honor. ~z0( ~)0 MR.SISMONDO: IIIzZIII11. io I-G·z We have then they all corne within the same The funeral billo'f $1295.00,Dr.Cunningham, "., heard,any c;reditor'or 'other person interested in this estate who, that wants to be heard in the estate ~f Nelle,Ludwig,deceased at Numb~r'992 of 1968.Is there anyone in Court who desires to be Now let's inquire whether there is 'anyone pres nt ..',~..,., $PO.OO,Father M~her for his funeral services,$20.00. ,. ~ o THE"CGURT:", 0:I-IIIo .J0( U o ~., :t..'"(II • (NO RESPONSE'). wishes to be heard? ui0:IIII-0:oD-III ' 0: I-0:,~8 THE COURT: .J0(g MR.SISMONDO: ll.o The Court will execute the proper decree. I advanced $7.50 to file the Petition of record. There was a $1.00 .Notary Fee that should be charged to the estate and we spEmt 96¢for ,certified maiL And 1 showed my fee as $100.00.And that would make that $109.46,if'the Court is satisfied with my fee.In so far as the 0 rder is con:::erned,'I am willing to set up,prepare---I didn't know how the Court would want to do it becau8 e'the Court is going to have to make'an order authorizing and direct~ng the bank to pay this money out of the bank,be.caus e nobody has money except the bank,and the bank will not give it to ,' ..anybody except under order of Court. 5 THE COURT:Well,that would be included in our final order.• 0( z0(>..J>-IIIZ ZIIID. i0l-e>z :tIII,0(,,~ Now will you draw an order stating that the COl,lrt finds that the, various expm s es have been properly paid,and that the balance,, for distribution amo~ntingtowhatever the amount is,be paid to the persons entitled there,their names,and'that the bank is hereby authorized to permit the withdrawal of this fund and pay it to the t .~. ·It .~..,l .~'.- .Petiho'ner here,:;;jhothen"'iill make distribution?You would see • .-, ..=~that he makes proper distribution,won I t you? 1-'•III~'"~,MR."SISMONDO:And how:0(-, u ..~'THE cduWr:.,.;...,-He has to send this other nephew in CalIfornia, :tI- :;wherever it is,would get half. him and then the bank is permitted to give this,to withdraw,let the to---in this order,so much goes to this Petitioner and so PJ,uch to THE COURT: iii~MR.SISMONDO:l-ll:oD.IIIlI: l-ll: :loU ..J-e. uii:ll.o That is correct. So the Court ~ill simply state that so much goe~ fund be withdrawn,paid to this Pe titioner,and he makes di,stributi<n. MR.SISMONDO: THE COUR'T: All right. We are not going to require a bond or anything You can see ,that it be done. MR.SI$MONDO:I will see tha,t the money is properly paid, ,. because I represent the bank,you know.·I'm'a Director of the barn . " I will try.,to wor~out something,Your Honor. " ",.Ii. 6 • ".•..'(:F>.::r.oceedings Clos ed). f ~,z0(>..J>-III ~,Z Z III 0. i 0l-e>z :rIII 0( ~ t-= II a:I-IIICi ..J0( II 0, :;).., :tI-"N iiia:IIII-a: 00.Ill,a: I-a: :;) 00 ..J« IIii:l1.0 I'her,eby certify that the proceedings and evidence ar:e con- tainedfully 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. OfficialU ,', '. The foregoing ,record of tre pro'ceedings upon the hearing of the above cause is herebyapprovea ~nd directed to be file'd. ~~,~y'~t.h~Court,' '\.-,i J'..·VCflEf.~~ ,,~.'P.J . " ...~,,." " ,t 'I}, ...'",,\<, ., ,....~ -+ •".4 ,' ,i.'.,