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IN THE ORPHANS'COURT OF
IwASHINGTON COUNTY 1 PENNA.
NU.//17 of 1968,~~
IN RE:
APPOINTMENT OF A GUARDIAN
FOR ALBERT SPOSATO
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PETITIO~FOR APPOTNTMF.NT
OF GUARDIAN
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TEMPEST &SIMMONS
ATTORNEYS AT LAW
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:)
)
APPOINTMENT OF A GUARDIA..~)NO.
)
FOR ALBE~T SPOSATO )
/ I 77 of 1968,O.C.
PRAECIPE FOR APPEARANCE
TO:BOB A.FRANKS,PROTHONOTARY:
Please enter our appearance for the Petitioner in the above
captioned matter.
TEMPEST &SIMMONS
By~fff~~"
TEMPEST Be SIMMONS
SECOND"CHESS STS.
MONONGAHELA,PA.
PETITION FOR APPOINTMENT
OF GUARDIAN
TO:THE HONORABLE P.V.MARINO,PRESIDEN~JUDGE OF SAID COURT:
The Petition of ALVIRA MANGINO,respectfully represents:
1.That Alvira Mangino,is the Petitioner named herein
whose residence is 545 East Main Street,Monongahela,Washington
County,Pennsylvania,and is the sister of Albert Sposato,an
Alleged Iccompetent.You~Petitioner further states that she is
sui juris and is a citizen of the United States of America,being
a life-long resident of Monongahela,Washington County,Pennsyl-
vania.
2.That Albert Sposato,the Alleged Incompetent is 55 years
of age,having been born on August 12,1912,in MOnongahela,
Washington County,Pennsylvania.
I
TEMPEST B:SIMMONS
SECOND 0:CHESS STS.
MONONGAHELA.PA.
3.That the Alleged Incompetent presently resides with
your Petitioner at 545 3ast Hain Street,Monongahela,Washington
County,Pennsylvania.
4.That the Alleged Incompetent because of his mental in-
firmitites is unable to manage his property and is liable to dis-
sipate it or become the victim of designing persons.Attached
hereto and made a part hereof is a Physician's Affidavit con-
cerning the Alleged Incompetent which is marked as Exhibit "A".
5.:hat the following are the only persons who are Sui
Juris and would be entitled to a share ±n the Estate of the above
named Alleged Incompete~t if he should die intestate at this
time:
(a)Ernest S~osato,of Cleveland,Ohio,an adult
brother of Albert Sposato~the Alleged Incompetent.
(b)Archel Sposato,of the State of California,an
adult brother of Albert Sposato,the Alleged Incompetent.
(c)Mary Tuttle,of Monongahela,Pennsylvania,an
adult sister of Albert Sposato,the Alleged Incompetent.
(d)Angelo Sposato,of Monongahela,Pennsylvania,an
adul t brother of Albert Sposato,the Alleged Incompetent ..
(e)Alvira Ma~gino,of Monongahela,Pennsylvania,an
adult sister of Albert S?osato,the Alleged Incompetent.
(f)Fannie Fr=sa,of Monongahela,Pennsylvania,an
adult sister of Albert Sposato,the Alleged Incompetent.
(g)Mary Etta DeFrancis,of Cleveland,Ohio,an adult
sfster of Albert Sposato.'the Alleged Incompetent.
6.As far as your Petitioner has been able to determine,
the gross value of Albert Sposato's personal estate is $4,189.16
2.
and has no real estate.The Western Pennsylvania~NationalBank
is holding three (3)parcels of land in trust for the use and
benefit cf Albert Sposato.Said real estate is located in the
First Ward of Monongahela,Washington County,Pennsylvania,and
is described as follows:
Value
1.Lot No.8 of the Charleroi Fuel
Company Plan of Lots,fronting
50.19'on Warne Street by 149.81'
by 50'by 154.16'.See DBV 358
Page 455.Having erected thereon
a double frame house in very poor
condi~ion ----------------------Condemned
2.Lot No.23 in Charleroi Fuel
Co~pany Plan of Lots (see Plan
Book 4,Page 22)measuring 67.57'
by 79.96'by 66.59'by 80'fronting
on Wa~ne Street.See DBV 397 Page
285.Having erected thereon a double
frame house in poor condition ----Condemned
3.Real Estate known as 543-545 East
Main Street,fronting 36'on East
Main Street and extending back 32'
on one side and 29.15'on the other.
Being the front portion of premises
described in DBV 316,Page 519.
Having erected thereon a double frame
house.------------------------$2,000.00
Total Real Estate
Estimated $2,000.00
TEMPEST Be Sll>o.MONS
SECOND &CHESS STS.
MONONGAHELJII..PA.
The Western Pennsylvania National Bank is without funds
in the Trust Account to pay the Real Estate Taxes on the subject
Real Estate,and presently the Real Estate is scheduled to be
sold at a tax sale in Wa.shington County,Pennsylvania,on the
9th.day of September,1968,for the approximate upset price of
$562.29.
7.The Alleged Incompetent is receiving month~y disability
payments from the Social Security Administration in the~sum of
Fifty-five ($55.00)Dollars.
3.
TEMPEST 6<SIMMONS
SECOND &CH5:SS ST!i.
MONONGAHELA.PA.
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8.Albert Sposato,was not a member of the Armed Forces
of the United States at any time and is not entitled to nor is
he receiving any benefits from the Veterans Administration.
9.'That no Court has ever assumed jurisdiction in any
proceedings to determine the competency of Albert.Sposato or to
have a Guardian appointed for said Alleged Incompetent.
10.That your Petitioner requests that ALVIRA MANGINO,be
appointed as Guardian of the Estate of ALBERT SPOSATO,the
alleged incompetent,and attached hereto as Exhibit "c"is a
Consent executed by the said suggested guardian.
WHEREFORE,the Petitioner herein prays that this
Honorable Court adjudica~e ALBERT SPOSATO,to be an incompetent
and further,to appoint ALVIRA MANGINO,as Guardian of the
Estate of ALBERT SPOSATO,an incompetent.
TEMPEST &SIMMONS
4.
TEMPEST &SIMMONS
i-SECOND"CHESS STS.
MONONGAHELA,PA.
A F F I D A V I T
COMMONWEALTH OF PENNSYLVANIA )
:SS:
COUNTY OF WASHINGTON )
Before me,a Notary Public,in and for said Commonwealth
and Count.y,personally appeat'ed ALVIRA MANGINO,who,being duly
sworn,according to law,dep:>ses and says that the facts set
forth in the foregoing Petition are true and correct to the best
of his knowledge and belief.
Alvira Mangino
SWORN to and Subscribed before
-Notary Public
My Coinmission Expires:,A -/(,.bi
GlORI4 RICCI,NOTABY PUBut r
.M~NGAHEtA 'WA}.JIftffiTOWCOUtlTY •"•.
MY COMMISSIOl,EKPI~IlMt 1&,"69,
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:
APPOINTMENT OF A GUARDIAN
FOR ALBERT SPOSATO
)
)
)NO.
)
)
of 1968,O.C.------
TEMPEST a SIMMONS
SECOND I>CHESS STS.
MONONGAHEL.'.PA.
CONSENT TO ACT AS GUARDIAN
ALVIRA MANGINO,an adult individual,does hereby state
that she has read the foregoing Petition and does hereby consent
to act as guardian of the Estate of ALBERT SPOSATO,An Incompet-
ent,and in accordance with the Laws of the Commonwealth of
Pennsylvania appertaining thereto.
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...Alvira Mangino co(,
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:)
)
APPOINTME~T OF A GUARDIAK )
FOR ALBERT SPOSATO )
NO.______of 1968,O.C.
PHYSICIAN'S AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF WASHINGTON )
SS:
says the following:
Before me,a Notary Public,personally appeared CARLO SIRRI,
Physician,who,being duly sworn,according to law,deposes and
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1.That he is a practicing physician with his princi-
pal office at Charleroi,~ennsylvania.
2.That Albert Sposato has been his patient for more
than _..../_·t...;:o·"",-_months.
3.That deponent has examined Albert Sposato and
found him to be suffering from
TEMPEST Be SIMMONS
SECOND a CHESS STS.
MONONGAHELA.PA.
4.That Albert Sposato is mentally incompetent and
unable to manage his property and estate and is liable to dissa-
pate or lose the same and become the victim of disigning persons.
5.That Albert Sposato's physical and mental condition
is such that his welfare would not be promoted by his presence
at hearing to be held in the Orphans'Court of Washington County,
j Pennsylvania,in the month of August,1968,or thereafter.
6.That the mental condition of Albert Sposato,as
hereinabove described is such that it is not cureable and will
continue for an indefinite period of time,and further,deponent
saith not.
SWORN to and Subscribed before
",-1 /"Amethis,,~;:c::.'1'day ofC--J'..-"U-d.
TEMPEST a:SIMMONS
SECOND &-CHESS STS.
MONONGAHELA.PA.
Notary Public
My Commission Expires:
GLORIA RICCI.NOTARY PUBLIC
NONONGAHElA,WASHINGmN COUNTY
My roM~\ISS!QN EXPIRF.~IIlNF 1~~D:t
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IN HE:(.
APPOINTY£NT OF A GUA~DIAN )NO.1177 of 1968
F~..(.
~~ALBERT SPOSATO:.OJ tlation
an alleged incompetent._ ..~.
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.-To:ALBERT SPOSATO
ALVIRA MANGINO
.~r.rrting:
IIr QtiUl~ttta:n~lou,AL_B_E_RT_S_P_OS_A:..-T_O _
that,laying aside all business and ex~uses whatsoever,you do file in the
office of the Clerk of our Orphans I Court of Washington County,a fu.ll and
..
complete answer,uEder Qath,to eac~.3.nd .every of the averments of the said
petition,on or before Wednesday ,ttJ-e 9th.day of·October
11 :00 ?'clock -.-!-,.I'll.,and show cause why the said
.!
Albert Sposato should not be adjudged an incompetent and a g~ardian
of his.estate appointed;
and further abide the order of our sa:~d.Court in the premises,
If you fail hereof,the petition may be takeriPRO CONFESSO and a
decree made against you.
WITNESS the Honorable P.-Jincent Marino,President Judge of our
said Court,at Washington,Penna.J.:he 9th day of September·.;19 .68.,
e~~:k~~~~··
.C~erk df the Orphans'Court
.TEHPE ST &SIMMOl\S.Esq.
AttorneyBfor Petitioner.. .223 Seco~d st.,
(Seal)Monon·ga:r~ela,Pa.,15063.
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:)
)
APPOINTMENT OF A GUARDIAN )NO.
)
FOR ALBERT SPOSATO )
________of 1968,O.C.
PRELIMINARY ORDER
AND NOW,this ..3 day Of~,1968,upon consid-
eration of the within Petition and on motion of Tempest &Simmons,
Attorneys for Petition,IT IS ORDERED AND DECREED that a Citation
be awarded directed to ALBERT SPOSATO,to show cause why he should
not be adjudged an incompetent and a guardian of his Estate be
appointed.
Hearing in this matter to be held in
Washington County,Pennsylvania,on ~~~~~~~
day of ~~,1968,at !/-t«-tJ o'c1ock,~M.,__.
At least ten (10)days notice of hearing shall be gi~O~~~
the above named Albert Sposato,and all other persons interested
or who may have a future interest in the Estate of Albert Sposato,
by Certified Mail,Return Receipt Requested,L~a Ge~y of said
..PetitiOR:a.a.Q CH:atio~,as required by law.
i TEMPEST a SIMMONS
1-SECOND &CHESS STS.
MOf'lONG.'HELA.PA.
BY THE COURT:
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IN THE ORPHANS'COURT OF
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N'0 .1177 of 1968
IN RE:
ESTATE 011'
ALBERT SPOSATO.
an alleged incompetent.
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY~PENNSYLVANIA
IN RE:
ESTATE OF
ALBERT_SPOSATO~
an alleged incompetent.
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)No.1177 of 1968
)
)
)
DEC R E E
A ND NOW~October /7 ,1968,upon consideration of the
annexed petition and after a hearing held following due notice,it is
ORDERED AND DECREED that
ALBERT SPOSATO is adjudged an incompetent.
ALVIRA MANGINO is appointed Guardian of the Estate of Albert
Sposato,an incompetent.
The said Guardian is directed to file an inventory in accordance
with the provisions of Section 402 of the Incompetents I Estates Act of 1955,
as amended.
The said Guardian shall file bond with sufficient surety in the sum
of Five H.mdred Dollars ($500.00).
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IN THE ORPHANS COURT OF··...
WASHINGTON COUNTY,PENNA~
NO.1177 of 1968
IN Kt::
APPOINTMENT OF A GUARDIAN
FOR ALBERT [PPSATO
AFFIDAVI T OF SERVICE
TEMPEST &SIMMONS
ATTORNEYS AT LAW
223 SECOND STREET
MONONGAHELA,PA.15063
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IN THE ORPHANS COURT OF WASHINGTON COUNTY,
<ll:onlmonwealtb of lIt>ennSl?luania',}IN RE:
SS:'.<ll:ountl?of...~~.~.~!:-.~g.~.~~./,
FO'tm NALY No.169-AfIldavlt 'I......For Sale by P.O.Naly Co.."i;.w Bl';~I{Publishers415GrantSt..Pgh••Pa.16219PENNSYLVANIA
APPOINTMENT OF A GUARDIAN
FOR ALBERT SPOSATO
NO.1177 of'1968
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Before me,th;subscriber ~g~.~~EY.P.~.1?.~.!.c:..
. d f .th C t d 0 lth f 'd .II d Fred FiIippe11i ,~n an 01 e oun y an ommonwea a oresa~,persona y appeare ".
Constable of the First Ward of Monongahela,.Washington Co.,Pa.
a ••__••__•••••_.___..___•••__._••_•••••••_.__•••_•••_.._..-- --_.--- -_._.__••..•••__•
who being duly sworn,according to law,doth depose and say th9-.t h.§s.e..:r.y..e.Q 9-C.i..t.9:.t.:!:Q.n .
personally on Albert Sposato at his residence at 545 E.Main Street,..__•-•__-__-.._..__..•a ___•-__•__• --••- - -__•__•_••---_----_0_"_____.._._...__••_.•••__••••••••_••__ •__0
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and further dePC?1Jent saith not.
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t-:GL~!.A RICC!"NOTARY PU3.UC..•
'MONONGAHElA;Wil-SHINl1T6N'COUNTY
MY COMMISSION EXPIRES JUNE 16,1969
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'IN THE_ORPHANS COURT OF WASHINGTON
COUNTY,PENNSYLVANIA
NO~1177 of 1968
IN ·RE:
APPOINTMENT OF A GUARDIAN
FOR ALBERT SPOSATO
AFFIDAVIT OF SERVICE
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IN THE ORPHANS COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:)
)
APPOINTMENT OF A GUARDIAN )
)
FOR ALBERT SPOSATO )
NO.1177 of 1968
AFFIDAVIT OF SERVICE
Before me,the subscriber,a notary public,in and for the
County and Commonwealth aforesaid,personally appeared CLYDE G.
TEMPEST,who being duly sworn,according to law,doth depose and
say that he caused to be mailed,Notices of the hearing to be
held in the above captioned matter,i.e.,a hearing to be held
at 11:00 o'clock A.M.,on October 9,1968,by certified mail,
return receipt requested,cnd that attached hereto are the re~
ceipts for certified mail ~eturned from the following named per-
sons:Fannie Fresa,Ernest Spcsatb~ArcheI Sposatci,A1vira
Mangino,Angelo Sposato and Mary Tuttle.A return receipt card
was not received by Mary Etta DeFrancis,but it is the belief
of the Affiant that she did
Sworn to and Subscribed before
HORIA RICCI.NOTARY puallf
•MONONGAHELA.WHHINGTON COUNTVCommiss'ionExpires:•MY CO'1MISSJONEXPIRES JONE 16,1969
me this~~day of October~1968.;te,l/IJ . / .~/(!d_i
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My
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SECOND &CHESS STS.
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SECOND &CHESS 3TS.
MONONGAHELA.PA.
Judblal 857 (Pennsylvania-Guardan)(6.56)
IN THE Orphans'COURT OF We shingt on COUNTY.
STATE OF PENNSYLVANIA
In the Matter of the Estate of
NO.11'77 of 1968
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Albert Sposato BOND OF GUARDIAN
an Incompetent
KNOW ALL MEN BY THESE PRESENTS :That we,
.~
JUvira MaBgino ,",
L..( _ ••as Principal ,
and UNITED STATES F~IDELITY AND GUA~ANTY COMPANY,a corporation und~r the laws
-of the State ofMaryland,of Baltimore,Maryland,having an office and usual place of business at
',.'Pittsburgh,Penna.',State of Pennsylvania,as Sur~ty,are held and
firmly.bound unto the Commonwealth ofPenn3yivania,its certain attorneYS or assigns,in the sum of.-.~.I ,~.Five Hundred Dollars..'Dbllars;($500.00 ),
lawfurinoney of the United States of America,.for which payment,well and truly to be made,we bind
ourselves,our and each d our heirs,execu~ors:adm~nistrators,successors and assigns,jointly·and
severally,firmly by these presents.'.
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SEALED with our seals and dated this Eth.,December-.-,19.68
WHEREAS the above bounden A.1vira Ma ngino
decree of the OrphanE.I Court of Washing ton
has been appointed Guardian of the Estate of Albert Sposato
a n Incompetent
has by order and
l;ounty,Pennsylvania,
NOW,THEREFORE,THE CPNDITION OF TH:S OBLIGATION IS SUCH,that if the above
bounden A1vira Mangino Guardian of Albert Sposa to
a n Incompetent ,.shall at the termination of h erguardianship and at
any other time when required by Court,render a just and true account of the management of the property
and!estate of said Albert Sposato
under her care and shall also deliver up the sa:d property agreeably to .the order and decree of the said
Court or the direction of law;and shall well and truly administer,according to law,the estl:.te of said
Jnbert 'sposato ,th~n the above
obligation shall be void,otherwise it shall be and.remai~in full force and virtue.
.Seailed and delivered iri the
presence of:
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UNITED STATES FIDELITY AND.'ARANTY COMPANY
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No.1177 of 1968 ~
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Orphans'Court of
Washington
State of Pennsylvania
County
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"~In the Matter of the Estate of
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Albert Sposato
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BOND OF GUARDIAN
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Home Office-Baltimore 3,Maryland
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And now to wit,~."~,w-ee ,
the within bond p sented in open Court,I
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alleged incompetent.
this Court for a hearing on a petition filed by Alvira
Mangino for the appointment of a guardian for Albert
Sposato,an alleged incompetent.These proceedings were
filed at 1177 of 1968.The doctor is present at this time
I'd like to call him first so that he can tend to his duties.
ffiARING ON PETITION FOR APPOINTMENT OF GUARDIAN
ALBERT SPOSATO,
PENNSYLVANIA
Mr.Tempest?
If the Court please,now is the time set )y
Wednesday,October 9,1968,at 11:00
o'clock A.M.
THE HONORABLE P.VINCENT MARINO,Presiden
Judge of the S3.id Court.
TEMPEST &SIMMONS,ESQS.,of Monongahela,
Pa~,.representing the Petitioner.
1//[:n
OF COMMON PLEAS OF wAsFhNb,~r~COUNTY,
19i~n CI,..ORPHANS'COtJR!iPDLVIS~ON
d 4:07
~,RUSSElLIJ.EGIST(D 'tARiNG)1,.0,.WILLS
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)No.1177 of 1968
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TEMPEST:
IN RE:
IN THE COURT
ESTATE OF
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THE COURT:Mr.Tempest,what service was made in accDrdanc~
with the Court's Preliminary Order?
MR.TEMPEST:Personal service on the incompetent.And
I have an Affidavit att~ched.I have also prepare1 an Affi~avit
signed by myself where I sent certified letters and notices
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of the hearing to t::-J.e o~1.1y persons interested,being the
brothers and sisters of the incompetent.
Fresa in Fisher Heilhts in Monongahela,Pa.,that's Carrol
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MR.TEMPE ST :
Township;
Wh~re do they reside?
Ernest resides in Cleveland,Ohio;Fann e
Mary Tu~tle at Clearview Terrace in Monongahel ;
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Arceel Sposato resides in Hawthorne,California,State of
California;Alvira Mangino,the petitioner here,resides
at.545 East.Main Street,Monongahela,Pa.;Angelo Sposato
resides at Fourth Street Extension in Monongahela,Pa.;a d
Mary Etta DeFrancis~also a sister of the alleged incompet nt,
resides at 1828 Alvanson Street,Cleveland,Ohio.Now the
first certified letter sent to her was returned unclaimed.
I sent another notice to her and did not receive--I do not
feel that I did recEive the return receipt card in my offire,
or else I mislaid it.But she did call Mrs.Mangino con-
cerning the letter ~hereceived and I will have her testifv
to that fact :"and tee conversation that they had concernin~
this hearing.But I do not have the return recei~t card
for ~~s.DeFrancis.
I'd like to present these Affidavits and
the ~eturn receipt cards now to be made a part of the reco~d
in this case.
THE.-COURT:And when was the alleged incompetent serv ~d?
A The date is on Septe::nber,I believe--
THE COUR T:12th?
MR.TEMPEST:The 12th,that's right.The other return I
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recEipt cards were ~eceived on or about September 11,or
thereabouts.
THE COURT:The Affidavit of Service will be ordered
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ftled and made part of the record.But you may call the
doctor.
<z<:;DR.CARLO SIRRI IS CALLED AND'SWORN.>-Ul
Z~EXAMINATION BY MR.TEMPEST:
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Will you state your ·~full.·name,doctor?,
Carlo Sirri.
And ~here do you reEide?
I live in Monongahe1La,121 Closser Drive,Monongahela,Pa.
And what medical school did you attend?
In Italy,Bolena •
You were a graduate in what year from that school?
194-9.
When did you come to the United States to practice medicin;?
1958.
With what institutio~or hospital were you associated?
In the Unite.d States'?
In the United States.
A I die my internship in a hospital in New York and I was fo~
18 m0~ths in the General Hospital in New Jersey.Then Ne~
Jersey State Hospital in Ancora in New Jersey fqr another vear
about,and then I went at the time I took my State Board i~
Pennsylvania,that was in 1963,and then I went to take my
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re sidency in Psychiatry for one year at the Atlasburg StatE
Hospital;for the following four years at Mayview State
Hospital,and since June of this year I'm working at
Charleroi at the Mor-Valley United Clinic.
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Then I take it,doctor,you are/duly licensed physician
lice~sed in the State of Pennsylvania.
Does the Court have any other questions as to the doctor's
~hatls right.
Doctor,in your profession,have you examined one,Albert
Sposato?
Yes.I saw him the first time I saw him was in July of las
year.He was referred to the Clinic where I work by his
sister and he came with Mrs.Mangino •
Mrs.Mangino brought Albert Sposato to you.
That's right.
That"was in July of 1967.
Yes.I saw him the f~rst time the 7th of July,'67,the
first time I saw him,and I found that he was in need of c~re.
And I prescribed medication and I have seen him regularly pn
a weekly basis at thE beginning and then spacing longer
my interviews with liim and I have seen him until February bf
this year.At this time he's seen regularly by one of the
No.
qualifications?
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social workers with me under my supervision.
Q You have seen him regularly then since JUly of 1967 up to
the p~esent time.
A Yes.
Q And from your examination of Albert Sposato,you have been
able to make a diagr-osis of his condition?
opinion,it's only because of the continuous supervision
Yes.
and support of his sister that he can function outside of
it~
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indefinitiie
And could you oriefly outline that history?
Mr.Sposato has been suffering from most of these disturbal ces
most of his life and he was hospitalized in 1930 for a few
months at St.?rancis.Hospital.He was then 17 years old aId
came to you?
time;for the past seven years he's been living in the hou$e
IcloEetothehouseofhissister,Mrs.Mangino.And in my I
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And will you tell the Court what that diagnosis
My diagnosis is schizophrenic reaction~chronic
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And did you take a history of Albert Sposato at the time hE
Yes.
ther-again he 'ilas hospitalized at Torrance State Hospital n
1947 for also not too long a period,several months,anyway
And he's been living with his parents until 7 years go,I
think.His mother was the last of the parents surviving,
died 7 years ago,and he was living with the mother at that
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wittout the sister,I don't think he could function.
Q I take it,doctor,then without constant care,he would no~
be able to take care of himself.
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A That's right.
Q Do you feel that he is able to manage or take care of his
own estate?
No.I think his judgment is slow and I'm afraid he cannot handle.
monetary affai~s of any significance.
Then do you feel also that he could become the victim of
designing persons if he was subject to the same,is that
correct?
It'E possible,I think.
Now as far as prognosis is concerned,considering his ment I
concition,what would that prognosis be?
In the light of the present knowledge and with the method
we have of therapy today and in view of his long-life histo y
of emotional disturbances,I don't think there is any good
prognosis.I don't think there is going to be any signifi ant
change in his functioning in his behavior.And its eems t
me that if he is out of a mental institution today,it's
only because he's been under the continuous support and
supervision of his sister.Without it,I don't think withbut
it he would make it.I dont think it's going to change.
His condition would probably continue the way it is today Por
an indefinite period of time.Is that correct?
I t~1.ink so.
Do you feel that he could attend this hearing today?Woul
it be in his interEstsJ
A No.I think I know him pretty well.He's very fearful of
7
even coming to the Clinic.If his sister is not in the roon
when we are talking,he begins---he's very restless,1Valkirg,
pacing the floor,sitting for a few seconds and then stand ng
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up,asking for his sister.I don't think it would be indiccted.
It ~ould be da~aging or stressful to him,let's say •
His sister,you mean Mrs.Mangino?
The same is received in evidence and made
part of the record.
And that was acknowledged on August 12,1968 and yousigred
it at that time,is that correct?
in this case and introduce it as an exhibit.
Yes:
I w::mld like to make this Exhibit II At'a part of the record
Yes.
If the Court please,that's all the basic questions I have
,
of the doctor.I would like the witness to identify the
A~r~davit thdt is attached to the P~tition.Doctor,I shm
you a paper that is entitled Physician's Affidavit that is
marked Exhibit IIAll on the petition filed in this matter,aJ d
ask you if that is your signature?
Yes.
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Q Dr.Sirri,Mr.Sposato was,as I understand from your test·
mony,in Torrance State Hospital at one time.
A This is what the social history gives.
Q Yo~don't know when that occurred?
8
·A I think it was,I was told it was in 1947.'
Q And),Uldoubtedly for the same type of disturbance that he h9s,
today.
A I suppose so-.It's a state hospital.
time,1930,fo~schizophrenia.
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For mental conditions?
•Yes.I have a copy of his records at the time he was at St.
Francis and at what time it was diagnosed dementia,at thaJ
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Now the question that occurred to me is why was he discfiar~ed
from Torrance State Hospital if he was not normal?!
Well,there were his parents.I don't know the details,bui
!what I imagine is that the family assured the doctors ther~
they would supervise and take care of the essential needs,
I suppose.
And it is your feeling today that if he is continuously ta en
care of by his sister,Mrs.Mangino,that that will be beneficiill
to :tim.
I t:tink so.The choice would be to have him hospitalized n
a state hospital.I saw him at the beginning of July last
year and he has been,he ha~shown some improvement as far
as :tis restlessness is concerned.He's not as restless as
he ~sed to be.But for what his mental status,referring ~o
judgment or competence,I cannot say.the"r.e:J:has :been any
significant change.He's restless,he's obedient.And for
example,at the time I began to see him he refused to leavp
his1 house;he was afraid of everybody.Now he can do small
things,he can leave the bouse for 100 yards or something
9
like that without company.I think he's even going shoppin~,
I
I
small things.But 1 1m convinced that without the supervisio~
~
of his sister he cOludnlt be out of an institution.t
•
Q
A
But you definitely feel,do you,
at the present time to look after
Yes.
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doctor,that he is unabl~
usual business affairs?I
And if he were permittee to handle his own business and
receive sums of money,would it be likely t~at he wculd be
I
prevailed upon by others and lose the money?
I think there is a very strong possibility.
n~Q All right,I think thatI s all we have of the doctor •
as trustee of her estate for the benefit of Albert Sposato
funds and the Weste~n Pennsylvania National Bank was appoilted
that he knows all the background on the estate of Albert I
SpoEato's mother and that is one of the com~elling reasonsl
why a guardian is necessary at this time.Because I under"
star:.d that that estate has not been settled.It's withouJ
We will hear Mr.Benedict.All right.
lid like to call Mr.Benedict for the reason
(Witness excused).
TEMPEST:
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JOSEPH J.BENEDICT IS CALLED AND SWORN.
EXAMINATION BY MR.TEMPEST:
Q Will you state your full name please?
A Joseph J.Benedict •
. Q Your profession?
A Attorney at Law,Monongahela,Pa.
10
Q And a member of this Bar?
•
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Q
A
Yes,a member of the Bar of Washington.
Mr.Benedict,it is my understanding that you are the
for the estate of Josephine Sposato •
That's correct.
Iatto:qney
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<Q What is her relationship to the Albert Sposato?-~A She is the mother of Albert •.I~III~Q And I understand from the records she died September 22,
~
"~1961.
~o~A That's correct.x•<~Q Now pre sently is that e state settled?
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No,it's not.
And could you tell the Court briefly what are the problems
in it and the unsettlement of that estate?
~A There are no funds.The only part would be real estate.
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The houses up t:re re aren't worth too much and they were up ~or
tax sale here last Kovember and I think it was continued
and the only way we can conserve any assets in the estate
is to dispose of them through this proceeding.
Thes9 properties,I understand,there are three lots upon
which there are erected three frame dwellings,a frame
dwelling on each of the lots.
That's right.
Two of these lots in 1961 were appraised at $750.00 and
$1500.00 respectively.And since that time,am I correct
in saying that they have been condemned by ~he City of
Mono~gahela,is that correct?
A They have been c ondErnned through lette.r,not through any le,gal
action.But they arE dilapidated and practically uninhabit~ble.
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Now there is also,~ccording to the Inventory,a house
situated on Main Street in Monongahela.
That's right.
What is the condition of that house,Mr.Be~edict?
That house is liveable and has some value t~ere,I think.
And these are the only assets then in the estate which are
being held by the Western Pennsylvania Nati~nl Bank as
trustee for ArJert.Sposato.Is that correct?
They are trustees and executors,I think,of the estate •
He has a life estate in this property•
And there are no funds at all in the estate.
None-that we k.1.0W of •
What is the balance due to this estate that would be neces~ary
befcre it can be se~tled?Do you have .those figures?
I dcn't have them but it would be in the neighborhood of
about $4,000.00 for taxes and soforth.I think,I'm not
positive of that.You may correct me on that,Mr.Tempest.
I'm r-ot sure of tha~.
Well,if the Court please,I was informed by the Western
Penr-sylvania National Bank ,that the sum involved was aroun.d
$1500.00.And that the funeral bill had been ~id.And
the only outstandinl claims were the Torrance fees and the
Court costs.
12
A Attcrney's commission and the executor's commission.
Q And the executor's commission.
A I stand corrected,Mr.Tempest.
Q Do you have those figures?
A No,I don't have those.
TEE COURT:Mr.Tempest,your petition states that th s
propeOrty was scheduled for a tax sale on the 9th of Septem )er,
1968.What \Vas done about that?,
Q I contacted the Tax Claim Bureau and they agreed to contin Ie
that sale,postpone the sale,pending the disposition of tns
particular case.Now it was :bhou§ht that if Albert Sposato
was jeclared to be an incompetent and a guardian was appoilted,
that an agreement between the guardian and the executor of
the estate of Josephine Sposato CQuld be entered into
whereby the guardian would be able to purchase these proper-ties
for Albert Sposato for an amount that would be necessary to
settle the estate.Now I understand that the bank would
be willing to transfer all these three properties,two of
which have been condemned and the other property for a
sum near $1500.00.And in that way,the guardian could
main-::;ain the properties,two ofo which are being rented no",
which weren't rented before.And the income in the amount
of $62.00 a month is coming in and the incC?mpeten-::;is res"lding
in the house on Main Street,which is in fair condition.
And ~this way,the estate of Jos~hine Sposato could be
sett~ed and the properties could be made income producing
I
13
And the incompetent could reside in one of the homes in the t
manLer.
THE COURT:On the settlement of the estate of JOs~hyne
Sposato,who are the distributees?Who would be entitled
to this real estate?
brothers and sisters.
the life estate in these properties?
Through the will of his mother,Josephine~
That's the estate that you are settling.
HE'S given a life estate on the property ~nd
Teat's correct.
Haw did the alleged incompetent here ge t
.
It seems to me this would be the only sol"tion.
It is our understanding teough there won'
The alleged incompetent has a life estate
and the residue left,at his death it goes to certain
to -:;hirs estate.Otherwise,it would go to taxes and there
would be nothing for the.alleged inoompetent here and he
cer-::;ainly neec.s a place to live and the care he is getting
be any funds left over because the only thing the executor
would get out of th3 real estate would be enough to take
care of the re st of the bills.It would be an insolvent
estate.
BENEJICT:
TEMPEST:
COURT:
BENEDICT:
THE COURT:o.
MR.BENEDICT:
THE COURT:
MR.BENEDICT:
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the remainder to t:te other brother s and sistersr;
MR.BENEDICT:
THE COURT:
no_at's right.
Well,of course,that's a matter that wou d
"rm co;riOT';:::ti em hv thA Court.But this aIlegE
The one account is a savings acco~t
Merge in his fee,yes.
New where does this incompetent propose t)
Ttere are two small accounts and one
Then of course,if he purchased them dire~t,
Yes,but he would then be an owner of
in the Western Penr~sylvania National Bank is inexcess of
in his individual Lame.
guardian;rather than having a mere life estate,he'd be th
owrer of the properties and all the income then could be h Id
by the guardian for his benefit.
savings account in the Western Pennsylvania National Bank
terninated.
get the funds to eventually purchase in f·ee the se properti:l s?
his life estate would merge.
the property by virtue of the purchase by liim through a
TEMPEST:
COURT:
TEMPEST:
MR.TEMP3ST:
~ncCllipetent,after a decree would be rendered,would have 0
agrEe to give up hi:;life estate in the property.OtherwisE,
they couldn't be sold,regardless of whom you sell the pro er-
ties to.They do not wish to be encumbered with a life es ate.
Even though he might end up as the owner of the properties~
the record would still have to show that the life estate is
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$4,000.00,Which,up to three or four years ago,he could
write checks on,but the bank s topped that because they
felt that he was not able to sign these checks.
The other account is a---they applied for a
Social Security disability pension for Albert Sposato somE
years ago.And they are paying him $55.00 a month present~y
-----------..--------------------------------
15
but therE were some back payments they paid him in the amoubt
of aroUnd $900.00 which was deposited and that hasn't been
used.Then there is anot~er small account,checking accountJ
with app~oximately $300.00 that is presently not being use ,
so there1s around $5,000.00 there in his name ••THE COURT:I understand.All right.That gives the
ALVIRA MANGJ'NO IS CALLED AND SWORN.
(Witness excused).
to let ~his boy live like he is,which is very good,I'd s~y,at
way of collecting rent and taking care of Albert for the b nk?
I'd like to call Mrs.Alvira Mangino.
They:::have been doing everything they can to try
this time.
BENEDICT:
Court a pretty good picture of the situation.
TEMPEST:Is there anything else you care to add,Mlj.
Benedict?I
BENEDICT:No.I think I have told everything I knOWf
TEMPEST:Isn't it a fact that the bank has been wotking ,
through MrB.Mangino on everything that has been done in t~e
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EXAMINATION BY MR.TEMPE ST:
Q Will you state your full name please?
A Alvira Mangino.
Q Where do you reside?
A 545 East Main,Rear.
Q In wha~city?
A
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Monongahela.
And how are you related to Albert Sposato?
My brother.
And your parents'names were what?
Josephine Sposato and Joseph Sposato.
And both of these ?ersons are deceased.Is that correct?
Yes.
When die your father pass away?
November 15,1950.
And you heard us referring to the estate of Josephine Spos to.
That was your mother,is that correct?
Yes.
When did she pass away?
Septemb3r 22,196~.
When your mother was living,with Whom did Albert Sposato
reside?
With my mother.
And up until the time of her death,was your mother able to
provide and care for him?
Yes,w:..th my help.
Was anyone else assisting in caring for your brother at tl at
tirr.e o~her than your mother and yourself?
No,si:r:-.
And after your mother's death in 1961,has Aloert Sposato
required attention and care?
A Yes.
17
Q And who provided that?
A I did.
Q Did anyone else help ~r assist you in this care or attenti n?
A No,s:'r.
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!Have you received any financial help from any other source !other
than the Social Security and rents for the care of your br<ther?
Social Security and a little bit of rent that I get.
With these funds then you have been able to maintain and
provide for your brot~er,Albert Sposato,is that correct?
Yes,to a certain extent.
Can you tell us in a leneral sort of a way,when your brot er
first ha.d this mental or this nervous condition?When did t
,fir st occur?
Three months before he was 17 years old.
~Q Briefly,what kind of a nervous condition was it?What
l-I'-N happer_ed?
Well,he would get ne~vous at times and he would talk a lot
to hirLseIf •
How old is he now?
55.
During this time between his 17th birthday and the present
time,has he been able to maintain a job of any kiLd?
No,sir.
Has he ever been self supporting at any time all those yeErs?
No,sir.
During those years,1~was also required to have him hos-
pitalized,is that correct?
A Yes.
Q And the doctor testified to that.
A Yes.
Q Can you tel~the Court where and what institutions?
•A
Q
St.Francis.
What ye ar,Mr s.Mangino?
<~A It's teen about 37 years ago,the first time.
:>...~Q How long did he .stay there?
Ii~A He stayed there several months.
ol-~Q And was he again hospitalized?'
x~A Years later,I'd say maybe 15 or 16 years later.
~Q After he was discharged from the hospitals,was his condit Q1
II:l-~in any way improved?.
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Well,some.
~Q Was he able to provide for himself?~,..
t"A You mea~work?~-
11~Q Work or maintain himself.ca.~A No,he c:ould never work.
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8 Q I unde::,stand he was also committed to Torrance one time.
oJ~A Ye s.
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o Q Approximately when was that?
A About 16,17 years after he was in St.Francis.
Q Can you tell the Court the circumstances surrounding his
discharge fromTorrance?
A Well,his discharge from Torrance?
Q Yes.
A Well,the place was so crowded at Torrance that I thought ~
19
could take care of him better at home.
Did the doctors consent to his discharge at that time?
Oh,ye s,if we could take care of tim.
At that time did he need continuous care and attention?
Oh,yes.
Pre sently,could you tell the Court ,0 just how you provide
for him,for example,is he able to keep himself clean or
is he ab~e to prepare his meals and soforth?
Not always.I ha~to look after that.
Do you prepare his meals?
Lots of times.
What about his cleanliness and soforth?
I nave to tell him,you know,to change his d othe s.
Is this a 24 hour a day job or how long?Is this constant
care or is it continuously day and night?
It's constant.
How long has that existed?How many years?
You mean fr@m the first he got sick?
Yes.That constant care was necessary.
Constant care all the time.
Do yo~feel that his condition is improving any or getting
wor se,Mr s.Mangino?
Well,a little over a year ago I had to take him back to E
doctor so I took him to Dr.Sirri.
Q Is he being treated by Dr.Sirri at the present time?
A Yes,he's under medication now.
Q You see that he takes medication now apparently,is that jt?I
20
A Yes.
Q You see that he gets it?
Q You see that he takes his medication?
A Yes,I keep the medicine in my house.
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Do you feel,Mrs.Mangino,that he is able to take care of
his property and estate?
No,sir •
And do you feel that he could become the victim of designing
persons if they so desired to take his estate from him?
1e s.
Who has been managing his estate so to speak,as far as
collecting his Social Security and making sure he cas the
proper clothes and food and maintenanGe?
I havE.That's in my name.Social Security put that in my
.n name,Alvira Mangino :or Albert Sposato.
I:
"~Q How mLch do you recei7e a month for his maintenance?
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"I:~A $55.00 in Social Secu~ity.
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v Q There is some talk of rent.Are you also collecting rent...«
~from these houses that we referred to here?
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A Yes.
Q How mU'ch rent are you collecting?
A Right now,I've got $32.50 for one half of that and $32.00
for the other.
Q It's a double house?
A Yes.
o Now is this one of the houses that was condemned by the C'ty?
21
Q Is that presently rentable?
A No,ju"St one part of i.t was because a lady di.dn't have her I
water turned on.I
IQNowth9reisanothertouseonWarrenStreetthatisconde~ed,
is that correct?
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Yes.
Well,I think if I co~ld get some money and repair it a li~tle
bit,I think I could rent it.
And the house on Main Street,,who is presently resiJing in'that
house?
Albert.
Albert lives there?
Yes,he does •
With t~is rent of approximately $62.00'a month and Social
Security in the amount of $55.00,do you feel that you can
adequately take care cf Albert Sposato?
Yes,I do.,
Do you feel that this ·could continue in the future if
this i~come continued at the rate of,say,$110.00 a month~
you co~ld provide his medication and provide for hi~?
Yes.3ut not paying for taxes on this property.
The ba~k taxes you say would have to come from another souwce,
is that it?
A Yes.
Q Are yo~willing to care for your brother and provide for
him as you have in the past if you should be appointed as
guardia~for him?
I cared for him all my life.
And you would continue to do so?
Yes,I would.
Earlier I read off the names of all the brothers and sisters
here.Are they his only heirs or persons interested in his
estate?
Yes.
There ~re none others?Will you te11 the Court how many"
brothers and sisters Albert has?
Seven besides myself.There's eight of us.
There's eight in the family.So he has seven Jrothers and
sisters total.
Yes.
Now I also pointed out to the Court that a..Mrs.Mary Etta
DeFrancis,I did not receive a return receipt card from
the le~te~I sent to her.Now have you heard from your
sister,Mrs.DeFrancis,concerning this hearing?
Yes,she called me.
Would you tell the Court what occurred?
She called me the night she got this letter.She said the
first ~etter,the name was spelled wrong,that's why she
didn't take it.But the se cond one she did.And she calle d
me that night and wanted to know what was,you know,what
was go:'ng on.And I told her,I said,"You read the letter~
If you want to appear in Court,come on."She says no,she
said,"You took good care of him all your life,so I have
no right to be there.',I
Q And dij you point out to her that this was,the purpose of
the he~rring was for aI=pointing a guardian?
A guarjian for my brother.
Now I understand that there are some funds in the Western
Pennsylvania National Bank,the Monongahela Office,in
your brother's name.
Yes.
Now I don't expect you to know the exact amount,but could
you tell the Court what funds are there as you know?
Well,in one account:..t was in my.mother,'s name and
23
my brother,it was Josephine Sposato or Albert Sposato.
In that account is over $4,000.00.Then in another account
with the Social Secur:..ty giving a certain lump sum because we
didn't bring him there,.>so they give you so many months
back,so they gave hin a 1umpsum of close to $1,000.00.
So that's in the bank in A1vira Mangino for Albert Sposato.
That account is in your name for Albert.
Yes,for Albert,Sposato.
Now in past years have you used any of that money for him?
No,sir.
Is there any other account?
He has a little checking account there of three hundred and
some dollars.
In whose name?
That's only in his name,Albert.
Over the years you ha7e been taking care of him you have npt
;
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24
been using his money but have relied on the Social Securit
payment and any rent ~hat you are able to collect.
A That':::right.
Q And you did this all with the consent of the Western Pennsylvanic
National Bank?•A Ye s,sir.
Oh,yes.
in this regard?
Mr.Barth and Attorney Kaplan.And I can't remember the
Can youname some of t~e trust officers -that you did contac ?
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~Q And did you keep -'iil.close touch with the officials of the bank
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EXAMINATION BY THE COURT:•
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name of this new attorney because Kaplan isn't there anymo e.
He opened an office of his own.But Kaplan was the first a torne~
I bel~eve they are trust officers,is that correct?
No,I think Kaplan is an attorney for the bank •
With reference to this petition there is a consent to act
as guardian on the original.Did you sign such a consent to
act as guardian?
Yes,I did.
If the Court please,that's all the questions I have of MrD.
Mangino •
Q Mrs.Mangino,what formal education have you had?How far
have you gone in school?
A Seventh grade.
Q In Moiongahela?
25
I
I,"A Ye s.
Q And you are married to whom?
A Francis Mangino.
Q What is his occupation?•A He's retired.But I'm separated from my husband.
0(Q Where had he worked?'
:!:.0(~A In Dcnora.
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~Q For ",rhom?
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gA American Steel and Wire.
~.~Q But t.:e is now retired?.,
<~A Yes.Disability pension he gets •
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Do you get any payment of any kind from him or from his
employer?
I did,but then when he got so seriously ill those payments
stopped •
~Q Now you don't get any?
IIIIi:~A Not :rom him,no.
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Ii:Q Do you get any payments from any other source because of:>ou~your marriage to him?
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u~A No,I don't.o
Wha t income do you have for JOur own support?Q
A At the present,not too much.I live on what I have saved in.
my lifetime.
Q Do you get any Social Security of any type?
A No,I don't.I'm not old enough.
Q But your husband gets a disability payment.
I
Yes,he gets a disability pension.
Where do you live?
545 East Main,Rear,nextdoor to my brother.
Who owns that house?
I do.
In your own name?
Yes.
Not with your husband?
No,sir.
What is your age?
57 •
And you are not employed?
No,I'm not,not right now.
Have you ever been employed?
I help once in a while at Rocco's Flower Shop.
Do you have any children?
Two.
Are teither of them living at home?
They live in Monongahela.
But not with you?
No.
Are they married?
Yes.
But you find occasional employment.
Once in a while.
When you secure t~mporary or occasional employment,does
26
2'7
that interfere with your care of Albert?
A No,sir.He knows where I'm at.He comes there.
Q Now you have requested this.Court ,to appoint you as guardi~n
estate,his monies •
Yes •
Which is a little di:ferent from what you have been doin •
A guardian is required under the law to properly look afte
the ward's estate,whatever he may own.If it's personal
estate"you look after that;if it becomes real estate,yo~
look after that;do you understand all of those thLngs?
Yes.
of Albert's estate or at least you have consented to accep
the g~ardianship if the Court so appoints you.Do you know
what is involved in that guardianship?
Takinl care of my brother.
Well,you have been taking care of him and you are not his
guardian.
Well,I'll continue taking care of him.
Well,Mrs.Mangino,it involves more than taking care
of your brother.It i~volves taking care of his property,is
And in addition to th~t,you must keep proper accounts of
what you are doing.All the monies that you receive and al~
the monies that you expend.Do you understand?
A Ye s,I do.
Q
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Q Jo you feel that you are capable of doing that?
<A.,Yes,I am.
28
Q Why do you feel that you are capable of doing that?
A Because I have been Qoing it.
A Taking care of him.
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What?
You lare taken care of him,but not his money and his estatE.
1 1 m the one that took care of his estate;1 1m the one that
rents his estate;1 1m the one that rents it to people tha
come there and ask to rent the houses.Ithave to take ~ca:r I
of all of that,any repairs or anything like that.I do thlt.
Do you feel that you could continue to adequa.tely supersivE
that feature of the case?
Yes.
But you must understaLd that you have to keep records beca~se
those :ire later reported to this Court.They must be repc'(>·ted
to the Court.
I will report it•
Will you keep the proper records?
I sure will.
You must account for all the monies that you receive and a I
the mo~ies that are expended.Do you understand that?
Yes.I certainly do.
Do you feel that you are capable of doing that?
;"Ye s,I do.
Q And you feel,I understand,that if Mr.,.Sposato becomes
the owner of these various properties that you cOuld prope~ly
repair them and see that they are rented?
fl_Ye s,I will.That I s what I want to do,Judge.
129____
Q Are they frame buildings?
, A Ye s.
Q I pre sume they need painted.~
A Yes.
Q We have no further questions.I think that's all.
(At the direction of the Court,off-the-record discussion
was not recorded by the stenographer).
..MR..TEMPE 81 :
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Your Honor.
That concludes our witnesses on this peti ion,I
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I hereey certify that the proceedinKS~and evidence are containe
calise,and that this copy is a correct trans cript of the same.
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The fo regoing record of the proceedings upon the hearing of thE
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