HomeMy WebLinkAboutOC1968-1269 - ESTATE OF SCANDOLA'·'
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IN THE ORPHANS 1 COURT OF
WASHINGTON COUNTY, PENNSYL-
VANIA, No. / :j., c_ y ~/f'iY
IN RE: ESTATE OF
ANGELO SCANDOLA, DECEASED
PETITION FOR CITATION ON A
TESTAMENTARY TRUSTEE TO FILE:
AN ACCOUNTING AND MAKE DIS-
TRIBUTION
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GREENLEE. RICHMAN.
DERRICO Be POSA
ATTORNEYS AT LAW
WASHINGTON TRUST BUILDING • v
WASHINGTON, PA. 15301 V\
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IN THE ORPHANS 1 COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE: ESTATE OF
ANGELO SCANDOLA, DECEASED
)
) No.
)
PETITION FOR CITATION ON A
TESTAMENTARY TRUSTEE TO FILE
AN ACCOUNTING AND MAKE DISTRIBUTION
TO THE HONORABLE P. V. MARINO, PRESIDENT JUDGE OF SAID COURT:
The Petition of CHRISTINE ELAINE SCANDOLA, a minor, by
her natural guardian and guardian ad litem, Theresa Scandola,
respectfully represents:
1. Your petitioner, Christine Elaine Scandala, is a
minor of the age of 19 years. She is represented in this pro-
ceeding by her mother and natural guardian, as guardian ad litem,
Theresa Scandola. They are both residents of 2832 Pennsylvania
Avenue, Weirton, West Virginia..
2. Angelo Scandola died testate on November 4, 1954,
a resident of the City of Weirton, Hancock County, West Virginia,
leaving a Last Will and Testament, duly probated ~n the Office of
the Clerk of the County Court of Hancock County, '!]est Virginia,
in Will Book G, at page 522, a certified copy of ~hich was filed
of record in the Office of the Register of Wills of Washington
County, Pennsylvania, on October 1, 1968. A copy of said
Will is attached hereto and marked Exhibit "An.
3. Said Will provides, inter alia, for a testamentary
trust in which your petitioner was named a beneficiary, said
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trust being set forth in Paragraphs 3 and 6 of said Will, as
follows:
"3. To the trustee, hereinafter named, I give
and bequeath the sum of Two Thousand Dollars ($2,000.00)
in trust, to hold and invest said sum in and with the
Hancock County Federal Savings & Loan Association of
Chester, West Virginia, and to stand possessed of such
investments and the income therefrom until Christine
Elaine Scandola, one of my grandchildren, shall attain
the age of eighteen (18) years, at which time my said
trustee shall give and distribute to the said Christine
Elaine Scandola, a sum of money or other assets from .
said trust fund equal to one-half (1/2) the total amount.
of the corpus and accrued income thereof. The sum of
money or other assets remaining in said trust fund shall
remain invested in the Hancock County Federal Savings &
Loan Association of Chester, West Virginia, until Vernon
Charles Scandola shall have attained the age of twenty-
one (21) years, at which time my said trustee shall
terminate the trust herein created and shall forthwith
pay over, convey and distribute to the said Vernon
Charles Scandola the entire sum of money or ocher assets
remaining in said trust fund."
"6. I hereby nominate and appoint my son, Fred
Scandola, the executor and trustee of this my Last Will
and Testament, with full power and authority to execute
the same according ot its true and intended meaning,
and having perfect confidence in his judgment and
integrity, I hereby direct that he shall not be required
to give bond."
4. The named Trustee, Fred Scandola, is now a resident
of the Village of Paris, Hanover Township, Washington County,
Pennsylvania.
5. The said Fred Scandola was appointed as Executor of
the Estate of Angelo Scandola by the County Court of Hancock
County, West Virginia, on November 16, 1954, and on November 15,
1955, the said Executor submitted a First and Final Report to the
County Court of Hancock County, West Virginia, rep~esenting an
accounting of all property that came into his hands as Executor.
He listed therein the following:
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Total Receipts
Total Disbursements
Balance to be distri-
buted in accordance
with the terms of
said Will -
$12,643.71
1,649.57
$10,994.14
· The said Report stated that the Executor had no f~rther remaining
funds to be administered and had completed all work necessary as
Executor. The Final Report was confirmed by the County Court of
Hancock County, West Virginia.
6. Your petitioner has no knowledge as to whether or
not the said Fred Scandola, in his capacity as testamentary
Trustee, deposited the sum of $1,000.00 iri the Hanover Federal
Savings & Loan Association of Chester, West Virginia, in trust
: for your petitioner in accordance with the terms cf said Will.
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· However, no such account now exists in . said savings and loan
association.
7. The said Fred Scandola is now and has always been
the testamentary Trustee, never having been re~ieved of said
. duties by any court of competent jurisdiction, not: replaced by
: any successor trustee.
8. Your petitioner, Christine Elaine Scandola, the
named beneficiary, has attained the age of eighteen years, and in
accordance with the terms of said Will is entitled to distribution
· of the funds being held in trust for her by the said Fred Scandola.
9. Your petitioner has made numerous demands upon the
said Trustee, Fred Scandola, for immediate distribution of said
funds.in accordance with the provisions of the Will of Angelo
Scandola, but the said Trustee has failed and refused to make
such distribution, and continues to refuse to do so.
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-10. The Trustee, Fred Scandala, has at all times
failed to render an accounting to your petitioner of the funds
of said testamentary trust, and your petitioner has been unable
to obtain an accounting of the funds held in trusc for her.
11. Your petitioner has requested from Hancock Federal
Savings & Loan Association of Chester, West Virginia, a statement
-of the amount of earnings that would have accrued on a deposit of
$1,000.00 as of January, 1954, through June of 1968, if such a
deposit had been made by the Trustee,-and she has been informed
'by James E. Elliott, Executive Vice-President of that institution,:
!
that such a deposit would have accumulated earnings of $755.99,
as of June 30, 1968, making the total value of such an account
I of $1,755.99 as of June 30, 1968. A schedule of said earnings
and a copy of the letter of James E. Elliott, aforesaid, are
attached hereto and together are designated Exhibit "B".
WHEREFORE, your petitioner requests that your Honorable
Court issue a citation upon Fred Scandala, Trustee, to show cause
why he should not:
1. File an accounting of funds held in trust for your
I!. petitioner, in accordance with the terms of the Will of Angelo
I Scandala, within such time as the Court may direct;
2. Distribute immediately to your petitioner, or to
her natural guardian in her behalf, the principal sum of $1,000.00
and the earnings of $755.99 as of June 30, 1968, plus such earning
which may have accumulated thereafter, in accordance with the
terms of the Will of Angelo Scandala;
3. Pay reasonable attorneys' fees and all costs incurre
by your petitioner in securing the said accounting and distributio ,
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all made necessary through the failure and refusa: of the Trustee
to make distribution in accordance with his fiduciary duty.
~~cf'J&.
Christine Eratne Scandola
Theresa Scandola, Natural Guardian
and Guardian Ad Litem for Christine
Elaine Scandala, a minor
GREENLEE, RICHMAN DERRICO & POSA
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STATE OF WEST VIRGINIA )
) SS:
COUNTY OF HANCOCK )
Before me, the undersigned authority, personally
appeared THERESA SCANDOLA, who, being duly sworn according to
law, deposes and says that she is the mother and natural guardian,
and guardian ad litem of Christine Elaine Scandala, the minor
petitioner within named of the age of 19 years, and that the
facts set forth in the foregoing Petition are true and correct
to the best of her information, knowledge and belief.
q-~~
Theresa Scand6la
SWORN TO and subscribed before me
this ,t1:~~ day of ~~e , 1968.
q-a>L. .,(, . .J?I~
/ Notary Public
My Commission Expires: /(< L;t /zr
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. I, ANGELO SCANDOLA~ OF THE. CITY oF WEIR.TO~, CouNTY oF
HANCOCK AND STATE OF WEST VIRGINIA~ BEING OF SOUND AND DIS-
PO$,ING _HIND AND HEI10RY, AND DESIRING TO HAKE SUCH DISPOSITIO
OF HY WOR.LDL_,Y EBT.AIJ;1$:.,.AS [ DEEH. BEST, DO HEREBY HAKE, PUDLISiit""
AND DECLdRE XHXS TO .BE HY L~SW WILL. AND 'PESTAHENT, HEREBY RE
'YOKING .AN_~·-AND .ALL_, WI ~~;S: ·~y HE .AT 'ANY 'l'IHE IIEJU£'l'O.FOi:tE HADE:
1. [ HEREBY DIREC.T lfY EXECUTOR, HEREINAFTER NA!IED, T
PAY ALL HY JUST DEBTS, INCLUDING THE EXPENSES OF 11Y FUNERAL
AND THE .A.D11INISTR.ATION OF JfY ESTATE, .AND TO THAT END ALL lfY
PROPERTY~ WllETlfEll REAL OR PERSONAL, SHALL B.IC CHARGED THER.E-
WtPH .• :· . . . ; ..... . ....... ,. ' ... i.
2. ·I GIYE .AND BEQUEATH TO Jf'J; DAUGHTER .• CATHERINE S.
Gl.OR.IOUS, ALL OF lfY HOUSEHOLD FURNITURE, APPJ .. I.ANCES, UTENSIL
AND EQUIPllENTo ..
$. To THE TRUSTEE, HEREINAFTER NANED, I GIVE .AND DE-
:r.:··~...-_.._.... ... : .. "'t. ~-~UXM_lf-R.fl£,. SUH OF Two THOUSAND DoLLARS ($'2,000.00), IJV TRUS'l'j
TO HOLD .AND INVEST S.A.I D SUH IN .AND WITH THE !!AN COCK COUNTY
FEDERAL S.A. VINGS & LoAN AssociATioN oF CHEsTEli, WEsT VIRGINI.A.
AND TO STAND POSSESSED OF SUCH INVESTI1ENTS .AJ.:D TliE INCOI1E
THEREFR0/1 UNTIL CHRISTINE ELAINE SCANDOLA, OKE OF HY GRAND-
~HILDREN, SH.A.LL ATTAIN THE AGE OF EIGHTEEN (18) YEARS, AT
WHICH TIHE I1Y SAID TRUSTEE SHALL GIVE .AND DISTRIBUTE TO THE
SAID CHRISTINE ELAINE SC.ANDOLA, A SUN OF HONEY. OR OTHER AS-
SETS FR.Oif SAID TRUST FUND EQUAL TO; ONE-H.ALF (1/2)' THE TOTA·L
A/fOUNT OF THE CORPUS AND ACCRUED IN CONE THEREOF. THE SU/1 ~.·OF
HONEY OR OTHER ASSETS RE11AINING IN SAID TRUST FUND SHALL ~
HAIN INVESTED IN THE HANCOCK CouNTY FEDET7.AL SAYINGS & LoAN:
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AssociATION oF CHESTER, WEsT VIRGINIA, UNTIL VERNON CHARLES
SCANDOLA. SHALL H.A. YE .ATTAINED THE AGE OF TEvEN':.'Y-ONE (21) YEAR ,
.AT WHICH TIHE HY SAID TRUSTEE SHALL TER11INA1'E THE TRUST llERE
IN CREATED AND SHALL FORTHWITH PAY OVER, CONrEY .AND DISTRI-
BUTE TO THE SAID VERNON CHARLES SCANDOLA THE ENTIRE SUJ1 OF
HONEY OR OTHER .ASSETS REl1.AINING IN SAID TRUSr FUNDo
(A) SHOULD THE SAID CHRISTINE ELAINE ScANDOLA OR
VERNON CHARLES SC.ANDOLA PREDECEASE HE, OR SHOULD THEY DIE BE~ ,
FORE THEY ATTAIN THE AGES HEREINABOVE PRESCRIBED, THEN AND Ill:
SUCH EVENT SAID DECEDENT'S INTEREST IN SAID TRUST FUND SHALLl
FORTHWITH P.A.SS TO .AND BE DISTJUBUTED .AS PRES·':;RIBED IN SECTION
0 OF THIS 11Y LAST WILL AND TESTAI1ENT,.
4., To THE TRUSTEE, HEREINAFTER NAl!ED_. I GIVE AND BE-
quEATH THE FURTHER SUJ! OF Two TJJOUSAND llOLLL? .. -; ($2,000.00),
IN TRUST, TO HOLD, JfANAGE, INVEST .AND REINVE:::7 T IN ANY HANNER.
AS TO 11Y SAID TRUSTEE SHALL SEE/1 EXPEDIENT" AND TO STAND POS
SESSED OF SUCH INVESTHENTS .AND THE INCOHE THEREFROlf UNTIL
ToNI Jf.ARIE Sc.ANDOLA, .ANOTHER oF HY GR.ANDCHIL.DREN, SHALL HA YE
ATTAINED 'l'HE AGE OF EIGHTEEN (18) ¥EARS, .AT· :iHICH TilfE THE
TRUST HEREIN CREATED SHALL FORTHWITH BE 'l'ER11lNATED AND THE
PROCEEDS 'PHEREOF ()IYEN~ CONVEYED AND DIB'J'R.IB-'JTED !l'O 'J'HE sA.iD Toer N~:aiB ScANDOLA~
' . ('.A) 81/0UI~D Kr l'!l.US!PSI} JJ&;;Jf :of~ ~a~f~A.8J,B QR SJ;F.&:Fk,g;:.~;i;
'l'lfZ POWEB. IS HEREBr GIY'EN 2'0 nr SAID TRUSTEE TO.' CONSUNE ./ANi)
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USE SO HUCH OF THE CORPUS AND ACCRUED INCONE OF THIS TRUST I NAY BE NECESSARY TO EXTINGUISTl Jf.ND RElfOVE ANY ENCUI'fERANCE EX_.
IST.ING .AT TilE TINE OF HY D.T!:CEA.SE .AGAINST .A.NY rnoPERTY OivNEJJ J
'.or 1/.AnY Sc.A.rHIOLA, THE noTI£En oF' TIIE sAID 1'oNI ll.AniE Sc.n.NDOLA
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THE .ABOYE SIGNATURE OF THE TESTATOR W.A.S HADE, AND THE
FOREGOING WILL W.A.S ACKNOWLEDGED TO BE HIS L.AS~ WILL .A.ND TES-
T.A.HENT BY THE SAID TESTATOR, IN THE PRESENCE OF US1 TWO COH-
PETENT WITNESSES, PRESENT .AT THE SAHE TIHE; .AND WE, THE S.AID
WITNESSES, DO HEREUNTO SUBSCRIBE THE S.A..ID WILL ON THE D.ATE
LASr ABOnf WRITTEN, IN THE PRESENCE OF THE SAID TEST4TOB1 WH
WAS rHEN. OF SOUND I!IND AND 0 VER THE AGE OF TWENTr-oNE rEABS •
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.JAMES E. ELLIOTT
EXECUTIVE VICE PRESIDENT
John Le Stevenson, Attorney
. 3445 Main Street
weirton, West Virginia 26062
Dear Mr. Stevenson:
Chester, West Virginia
PHOrJE: 387-1620
.•
. ~1)' 231J 1968
Bnclosed find schedule of $1,000.00 deposit as of Jan-
uary 1954 tbourgh JUne 1968 showing earnings for each
six month ,period compounded semi-annually, as I promised
during our phone conversation of JUly 22nde
Should you ~ave any further questions do not hesitate
to contact our officee
JBB/gc
enclosure
THE TRI-STATE SAVIN'Gs CENTER SINCE IE99
EXHIBIT "B"
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Jan. '54 ~----~-$1,000.00
6 '54 -------15.00
1,015.00
12 '54 ------c. 15.22
Jan. '55 1,030.22
6 '55 -------15.42
1,045~67
12 '55 -------15.68
Jan. '56 1,061.35
6 156 -------15.92
1,077.27
12 •56 -------16.15
Jan. '57 1,093.42 •
6 '57 -------19.13
1,112.55
12 '57 ------.a~ 16.68
Jan,. '58 1,129.,23
6 '58 -------22.57
1,151.80
12 '58 -------23.03
Jan. '59 ·. 1,174.83
6 '59 -------23.49
1,198 .. 32
12 '59 ------~-23.96
Jan. 160 111222 .. 28
6-60 -------25.97
1,248.25
12 160 -------26.52
Jano 161 1,274.77
,\. ---·-······ ---~·-· -~~~------~-----. ···-. --·--· --
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Fwd .. --------$1,274.77
\ 6 161 --------27.08<
1,301.85
12 •61 -------27.66
Jan,. 162 1,329.51
6 162 -------28 .. 25
1,357.76
12 ~62 ca ............ 28.85
Jane '63 1,386.61
~ 063 -------29.46
1,416.07
12-63 -------30.09
Jan • '64 1,446.16
6 164 -------30.73
1,476 .. 89
12 '64 -------31.38
Jan., '65 1,508.27
6 •65 c._ .. ____ 32 .. 05
1,540. 32
12 •65 -----·--32.73
·Jane 166 1,573.05
'6 < •66 -·------33.42
1,606 .. 47
12 166
__ c. ____
36.14
Jan .. '67 1,642.61
6 .. '67 --------36.95
1,679 .. 56
12~1 67 ~-----37.79
Jan., 168 1,717 .. 35
6 168 --------38.64 \ .. June 168 1,755.99
~---.--3 _ . .,.,_ -.--~---
EXHm IT "B"
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11n Wqe ®rpqans' atnurt nf llnnqingtnn. atnunty, Jennnylunnin
IN RE:
ESTATE OF
{
) NO. 1269 of 1968
ANGELO SCANDOLA, ( .·
.QT ttatinu DECEASED.
QlnmmnuwrultQ nf Jruullyluuniu l,~16:
Qtnunty of llall:qington . )
To: FRED SCAliDOLA, Trustee
under Trust created by \.Jill of ANGELO SCJN DOLA,
Sur Petition of: .. CHRISTINE ELAINE SCANDOLA, a minor, by her natural
·guardian and guardian ad litem, THERESA SCANDOLA,
~rrrtiug:.
llfp Qtommttn~ Jou. __ F_R_E_D_S_C_.AN_D_O_LA _______ ~
that, laying aside all business and excuses whatsoever, you do file in the
office of the Clerk of our Orphans' Court .of Washington County, a full and
..
complete answer, under oath, to each and every of the averments of the said
petition, on or before Monday· , the 21st day of October
19 68, at 10:00 o'clock A . M., and show cause why he should not
immediately distribute to the petitioner, Christine Elaine Scandala,
the principal of $l,OOO.OO,together with earnings of $755.99 as of
June :)0, 1968, and such other .earnings as t!IaOY have accwnulaLed since
that time, and further to show cause why he should not pay reasonable
atternoys'foos and coots inourrod by tho petitioner in bringing this
Petition;· · .
and further abide the order of our said Court in the premises,
If you fail hereof, the petition may be taken PRO CON?ESSO and a
decree made against you.
WITNESS tl~e Honorable P. Vincent Marino, President Judge of our
said Court, at Washington:, Penna., the 1st day of · Octcber , 19 68. ~:4?~ cterk of the Orphans' C~urt
GREENlEE, RICHMAN ,DERRICO & PO.SA, Esq.
Attorneysfor Petitioner.
(Seal)
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IN THE ORPHANS 1 COURT OF WASHINGTON COUNTY:. PENNSYLVANIA
IN RE: ESTATE OF
ANGELO SCANDOLA, DECEASED
)
) No.
)
ORDER
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AND NOW,
the within Petition
·~, /. 1968, upon consideration of
and upon motion of Greenlee,. Richman, Derrico
& Posa, Attorneys for the Petitioner, it is hereby ordered and
decreed that a citation issue directed to Fred S::andola, Trustee
under a trust created by the Will of Angelo Scandola, to show
cause why he should not file an account of the administration of
the trust, and specifically with respect to the portion of the
said trust wherein funds were to be held by the said Trustee for
the benefit of the petitioner, Christine Elaine Scandola,~~hia
days af~ the -entry af the 0rder of-tsis· C:o.~ and,
further, to show cause why he should not immediately distribute
to the petitioner, Christine Elaine Scandola, the principal of
$1,000.00, together with earnings of $755.99 as of June 30, 1968,
and such other earnings as may have accumulated since that time,
and further to show cause why he should not pay reasonable
attorneys 1 fees·--··and costs incurred by the petitioner in bringing
this Petition. ,.L~ ~ -;:;;f;;;-(//./: 1-0 I((; f-./({ -/0~ CJ-4(] . /j; H ..
By the Court
.~:.~_\\,~ . ~.:.....-~~~ ..
. ...._ jltate nf Jennsylttania } ss:
''lr • <nnuntg nf 1Jas4ingtnn
TO THE HONORABLE JUDGE WITHIN NAMED:
I hereby certify and return that on_....:T=IDJR==S=D=-· ==AY=-___ the lOth
at 7:10 A.M., 1 served the within CITATION AND PETITION
day of __ O_;C:....:T:....:O:....:B:....:ER=-:_ __ 19 68
upon the within named defendant FRED SCANDOLA, TRUSTEE UNDER TRUST CREATED BY WILL
I OF ANGELO SCANDOLA ,DECEASIED, by handing to HIM· personally at_HIS RESIDENCE, PARIS, HANOVER
TOWNSHIP
Washington County, Pennsylvania, a true and attested copy of the within CITATION AND PETITION
and making known to __ _,H:=:I=M==. ~--the contents thereof.
COMPLAINT IN
No.
INVOICE NO.
SHERIFF'S COSTS $ ..•
DOCKET NO.
So answers
TERM, 19
, PAGE ·
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llu Wf1t ®rpf1ans' <t!nurt nf llasf1iugtnn Cl!nunty1 Jrunsylunuia
IN RE: (
ESTATE OF ) NO. · 1269 of 1968
(
Q.litatinn
ANGELO SCANDOLA,
DECEASED.
<t!nmmnumraltf1 of Jrnnnylnauia l ss:
Q!nunty nf lfanf1iugtnn ~
To: FRED SCA1~0LA, Trustee
under Trust created by Will of ANGELO SC1NDCLA,
Sur Petition of: CHRISTINE ELAINE SCANDOLA, a minor~ by her natural
guardian and guardian ad li tern, THERESA SCANDOLA,
D!ft Q!nmmUUll Jnu, __ FR_E_D_S_C_AN_D.....;.O_L_A -------/-
that) laying aside all business and excuses whatsoever, you do file in the
office of the Clerk of our Orphans' Court of Washington Cou:1ty, a full and
complete answer, under oath, to each and every of the aver:nen:s of the said
petition, on or before Nonday , the 21st day of Octcber
19 68, at 10:00 o'clock.!._. M., and show cause whyhe s:hould not
immediately distribute to the petitioner, Christine Elaine Scandala,.
the principal of $l,OOO.OO,togetherwith earnings of $755.99 as of
June :)0, 1968, and suet! oLher earnings as may· have accmrrulated since
that time, and further to Show cause why he should not pay reasonable
attornoye'foee and ~oete inel:lrred by the petitioneP in hPing:ing this
Petition;.
and further abide the order of our said Court in the premises,
;
If you fail hereof, the petition may be taken PRO CC·NFESSO and a
decree made against you.
WITNESS the Honorable P. Vincent Marino, President Judge of our
said Co·urt, at Washington, Penna.,
GREENIEE,RICHMAN,DERRICO & POSA, Esq.
Attorneysfor: Petitioner .
(Seal)
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J • ••
the 1st day of Oc-:;ober , 19 68.
~~~
Clerk of the Orp1.ans' Court
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IN THE ORPHANS ' COURT OF
WASHINGTON COUNTY, PENNSYL-
VANIA, No. 1269 of 1968
IN RE: ESTATE OF
ANGELO SCANDOLA, DECEASED
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f~' ... ~ STIPULATION
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GREENLEE, RICHfv1AN.
DERRICO & POSA
ATTORNEYS AT LAW
WASHINGTON TRUST B-UILDING
WASHINGTON. PA. 15301 ,/_
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IN THE ORPHANS 1 COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE: ESTATE OF
No. 1269 o= 1968
ANGELO SCANDOLA, DECEASED
)
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STIPULATION
AND NOW, October 21, 1968, subject to approval of the
Orphans' Court of Washington County, Pennsylvania, it is hereby
stipulated and agreed by and between counsel appearing for the
parties, Paul P. Posa, Esq., in behalf of the petitioner,
Christine Elaine Scandala, and in behalf of her natural guardian
and guardian ad litem, Theresa Scandala, and Richard G. Miller,
Jr., Esq., in behalf of the Trustee, Fred Scandala, as follows:
1. The Orphans' Court of Washington County,
Pennsylvania, has jurisdiction of this matter.
2. The petitioner's claim shall be settled and
discontinued upon occurrence of the following:
a. Payment by the Trustee, Fred Scandala,
of all record costs of tmis proceeding.
b. Payment of the sum of One Thousand Seven
Hundred Fifty-five and 99/100 ($1,755.99)
Dollars by the Trustee, Fred Scandala, to
•.
such person, persons or institution as the
Orphans' Court of Washington County, Penn-
sylvania, may direct by its Order.
c. Each party to pay his or her own counsel
fees.·
d. Release of the Trustee, Fred Scandola,
shall be executed and delivered to him by
Theresa Scandola, natural guardian and
Guardian ad Litem of Christine Elaine
Scandola, a minor, for all claims by
reason of the trust for Christine Elaine
Scandola in the Will of Angelo Scandola,
deceased.
Paul P. Posa, Cou~sel for the
petitioner, Christine Elaine
Scandola, a minor, and Theresa
Scandola, her natural guardian and
guardian ad litem.
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IN THE ORPHANS' COURT OF
WASHINGTON COUNTY, PENN-
SYLVANIA, No. 1269 of 1968
IN RE: ESTATE OF
ANGELO SCANDOLA, DECEASED
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ORDER --'
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~EENLEE. RICHMAN.
DERRICO & POSA
ATTORNEYS AT LAW
WASHINGTON TRUST BUILDING
WASHINGTON. PA 15301
(..9.--(0 I I ,j_ J -'-! 7 I
IN THE ORPHANS 1 COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE: ESTATE OF
ANGELO SCANDOLA, DECEASED
)
) No. 1269 of 196a
)
~-ORDER
AND NOW, ~ 1 (...+& {/ , 1968, the above entitled
I
matter having been presented to this Court upon petition and
citation, and-upon S~ipulation by counsel of record, Paul P. Posa
Esq., in behalf of the petitioner, Christine Elaine Scandala,
and in behalf of her natural guardian and guardian ad litem,
Theresa Scandala, and Richard G. Miller, Jr., Esq., in behalf
of the Trustee and cited party, Fred Scandala, dated October 21,
1968, filed at this number and approved by this Court,
IT IS HEREBY ORDERED AND DECREED, that:
1. The Trustee, Fred Scandala, shall forthwith pay
the sum of One Thousand Seven Hundred Fifty-five and 99/100
($1,755.99) Dollars to Theresa Scandala, natural guardian of
Christine Elaine Scandala, a minor.
2. The Trustee shall pay the costs of this proceeding
in the amount of Forty-nine and 22/100 ($49.22) Dollars.
3. Theresa Scandala shall deposit the net balance of
said $1,755.99, after payment of counsel fees, in a savings
account in a bank or savings and loan association., in trust,
nevertheless, for Christine Elaine Scandala, a minor, until
said minor arrives at the age of twenty-one years of age, when
the trustee shall make distribution and accounting to the said
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minor. During the period of this trust, Theresa Scandola is
authorized to expend such sums as may be reasonably necessary
for the education, maintenance and support of Christine Elaine
Scandola and for no other purpose, unless she shall first secure
the consent of this Court or other court of competent juris-
diction.
4. Upon receipt of the aforesaid sums from Fred
Scandola, Trustee, Theresa Scandola, as natural guardian and
guardian ad litem for Christine Elaine Scandola, a minor, shall
execute and deliver a release to the said Fred Scandola from
all claims by reason of the trust for Christine Elaine Scandola
in the Will of Angelo Scandola, dece
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IN THE ORPHANS ' COURT OF
WASHINGTON COUNTY, PENN-
SYLVANIA, No. 1269 of 1968
IN RE: ESTATE OF
ANGELO SCANDOLA, DECEASED
1 DECREE . ,
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""' ~ j Q ~REENLEE. RICHMAN.
\) ~ DERRICO & POSA
. ATTORNEYS AT LAW
WASHINGTON TRUST BUILDING
WASHINGTON. PA. 15301 ·i.._
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IN THE ORPHANS 1 COURT OF WASHINGTON COU~Y, PENNSYLVANIA
I ~~~ IN RE: ESTATE OF )
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No. 1269 of 196E-
I ANGELO SCANDOLA, DECEASED
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DECREE
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AND NOW, this~ day of ~-F==.;~r.-a.~~,a' 1969,
appearing to the Court that Fred Scandola,
" Estate of Angelo Scandola, deceased, has not complied with the
I'
j Order of this Court dated December 11, 1968, directing him to
! pay to Theresa Scandola, natural guardian of Christine Elaine II
tl Scandola, a minor, the sum of $1,755.99 out of asse.ts of a trust
I in his possession, and to pay the costs of $49.22~ upon motion
of Greenlee, Richman, Derrico & Posa, Attorneys for Christine
Elaine Scandola, a minor,
IT IS HEREBY ORDERED AND DECREED that Fre.d Scandola,
I Trustee in the Estate of Angelo Scandola, deceased, shall appear '
before the Orphans' Court of Washington County, Pecnsylvania, on
Wednesday, February 26, 1969, at 11:00 o'clock A. M., to show
cause why said sums ~A. no~ be~aid £2fthwithJ ..t.J~ --e.ec ~'~o~~
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IN THE ORPHANS' COURT OF WASHINGTON COUNTY,
PENNSYLVANIA
IN RE: )
)
ESTATE OF )
) No. 1269 o:fJ 1.9.68:
ANGELOSCANDOLA. )
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:!: Deceased. )
< ~ RETURN ON PETITION FOR CITATION )o u ;;;: ;;;:
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THE HONORABLE P. VINCENT MARINO,
President Judge of the said Court.
PAUL P. POSA, ESQ. , of Washington, Penn51.,
representing the Petitioner.
RICHARD G. MILLER, JR., ESQ., of'Washi'
Pa., representing Fred Scandola, tro.ru~ teet~···.
Monday, October 21, 1968, at 10:00 A. M.,
EDST.
Mr. Posa?
If the Court please, this is the time set for the
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return for the Petition for Citation on the estate of Angelo Scandola
deceased. I am here on behalf o.f the petitioner and Richard
G. Miller, Jr., Esquire, is here on'behalf of the party.::·cited,,·J.
Fred Scandola, who is trustee under the will of Angelo Scandola.
Mr. Miller and I have arrived at a stipulation and we would like
to have the Court's approval and issuance of an order thereto.
THE COURT: Is the stipulation ready?
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MR. POSA: lt1s strictly verbal at this mooent, .Your Honor.
I would like to recite the items that we stipulated to and ask for the
Court1s approval,since there is a minor involved here, we felt the
Court must approve.
THE COURT: How does the minor become i:1vol ved?
MR. POSA: The minor is the beneficiary .)f a trust set up un~er
fue will of Angelo Scandala, the deceased, who di~d in West Virgini' . ..
fred Scandala was named as trustee. The trust consists of a deposit
or a legacy, · f should say, of $1, 000 which was t::> be deposited in
·the Hancock Savings and Loan Association in Weirton, West Virginill,
and was to be· paid to the beneficiary when she a·~rived at the age of .
18 .· She has passed that age and the trustee has not made pay:rjrehf
of the legacy, which was held in trust, and althcugh demands have
been made, the trustee has continued to refuse ·::>r neglected to pay t.
THE COURT: Where ·does the cestui que trust, the minor,
now reside?
MR. POSA: The cestui que trust lives at 2832 Pennsylvania
Avenue, Weirton, West Virginia·. The trustee, Fred Scandala,
is a resident of Paris, Washington Co11nty, Per.nsylvania. There~
some doubt as to where the trust res.ts, if it is .in existence. We
are willing to stipulate if we can, this Court would have jurisdictio ~~
and Mr. Miller will appear generally, I underE tand, for that purpo e.
THE COURT: What is the contemplated disposition of the fund ?
MR. POSA: We have asked in our Petition for the p;rincipal
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sum of $1, 000, plus interest as would have accumulated on this .
account, h3. d it been deposited in the Hancock Savings and Loan,
and we have attached as Exhibit "B" to the Petition a compilation
of interest accrued on that account or such account to June of 1968,
total of $1,755. 99. The trustee has agreed to pay that amount plus
the costs of filing the petition and service of petition. In our petitio~
we ask also for reasonable counsel fees. There's been no stipulati( n
that those would be paid. And we will ask the cestui que trust
or whoever is· the.recipi~nt of this r'und to pay our charges therefrom .
THE COURT: What are the main features of the stipulation,
other than those you have already enumerated?
MR., POSA: Those are the stipulations. Well, there is one
other, I guess, and we would have to be directed as to whom this
money should be paid, ·since the cestui que trust is still a minor;
' although the will states that it should be paid to her, the Court
may prefer that it be paid to her natura 1 guardic.n or to some other
person at this time.
THE COURT: Y~e prefer that some disposition be made of the
funds other than to the minor .
MR. POSA: The natural guardian is the minor's mother,
Theresa Scandola is the mother; Chris tine Scaridola is the minor.
Christine Elaine Scandola is the minor.
THE COURT: Is she in school?
MR. POSA: She has finished high school and I believe has
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entered college and apparently needs this money for college.
THE COURT: Well, we won't make a determination of that
matter presently. We want more information as to the circumstanc s
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of the minor, of the mother and of the family.'s responsibilities for;
e her keep. We can confirm the balance of the stipulation.
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~ MR. POSA: Does the Court mean as far as to whom it should;
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THE COURT: To whom it should be paid and for what purpose.
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Ill ... It 0 D. not recorded by the stenographer).
Ill a: ... It ::> 0 u (Proceedings Closed).
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: I hereby certify that the proc:eedinaa and evidence are contained
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~fully and accurately in the notes taken by me on the hearing of the above
IE .. ~cause, and tba this copy e a correct tranacript of the same •
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: The foregointl record of the proceedings upon the hearina ol the 0: :I
0 ~above cause t. hereb~ approved and directed to be fUed.
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