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HomeMy WebLinkAboutOC1968-1544 - ESTATE OF KEARNS,-----~-------;;-;-------------~---------------------- . 1 I I • • I ' I r I : ' ' • I IN THE COURT.OF COMMON·P.J;._;EAS OF WASHINGTON COUNTY, PENNA. IN RE: ESTATE OF GEORGE KEARNS, < ~ an all§ged incompetent .. > . . . .J >-Ill ORPHANS' COURT DIVISION ) ) ) ) ) . ) ) No', ·1544 of 1968· z z lal II. -...! HEARING ON PETITION FOR APPOINTMENT i 0 ... ' OF GUARDIAN Cl z X ~BEFORE:' ~ .,: ~. a: .... VI c APPEARANCES: .J ~ ~ 0 :> ., :t ... !; TIME: rti a: lal .... a: 0 ~ THE.COURT: ... a: 5 MR. FINDER: u THE HONORABLE P. VINCENT MARINO, President Judge of. the said Court. ,·· SANFORD S. FINDER, ESQ., of Washington, Pa.. representing the Petitioner.· Monday, January 20, 1969, at 10:00 o'clock A. M.1 EST. ~ Are we ready for the Kearns incompetency? Yes, Your Honor. I am filling in for Mr. .J < u ii: 1&. 0 Bell today. If· the Court ·please, this Petition was filed and the office copy appears toha ve attached to it the necessary affidavits ~ from Dr. Schilling at Torra!lce State Hospital. We have as well .. ·' I .'f· ·the Affidavit of Service showing se':rvice on the heirs listed in the . .. •f .. • ·-' *'-.... .. • ' Petition. ' . THE COURT: What is the date of the service; Mr. Finder? " . . ~ . ~ . MR. FINDER: The return receipt cards ~re all dated, delivered ' - • •' 12-1l-68. THE COURT: I am referring to the date of personal service . ' upon the aileged .incompetent. MR. FINDER: December 16, 1968, at 9:30 o'clock A.M. , ~ z o( > .J )-Ill z z Ill II. i 0 ... C) z X Ill o( ~ r-: u iii Iii a Q . The Affidavit is attached to the Affidavit of Service and it's signed by.Dr. Schilling as well. The Affidavits of Service ha'ving complied with Court rules and the statutory requirements, is hereby ordered filed and made part of . this record. You may call your· witnesses, Mr. Finder . ~ BESSIE W. KEARNS IS CALLED AND SWORN. u a :I ., EXAMINATION BY MR. FINDE.R :t .. ,.. N Q rti a: Ill :t A 0 II. 1&1 Will you teil us your name? Bessie Kearns. ' . ~ Q And areyou the wife of George Kearns, on whose behalf this Petition a: :I 0 u .J o( u E A 0 Q A Q A was filed? lam. Are you also the person who filed the Petition, Mrs. Kearns? . . Yes. . . How old are you, Mrs. Kearns? ~ .. .. ·-' .~ ~ ' i. • 66. ; Q When were you and your husband married? '' •' ~------------~------------------------------~------------------------~---------- 2 ....--------=-------------------------------------- • A April 20, 1920. ~ z ~ > ..I Q A Q A ~Q z z Ill ~ A z 0 1-~ Q :r: Ill ~ ~ A ...: u ii: Q .... Ill Q ~ A u "' c ~ Q :t .. ,... N A ui a: 5 Q 0 0. 11.1 a: A .... a: :I 8 Q ..I ~ u iL A ... 0 Q And where were you married? Cumberland, Maryland. When was your husband ?orn and where was h~ born?' He was born November 10, 1894 a_t-Sorn erset Townsh:i!p:,, Washington County. Is your husband presently an inmate at Torrance State Hospital? He at the present, he is horne on trial. When was he sent horne on trial? .He carne horne Thursday afternoon. He will be horne until the secon~. Until the second of February'? Yes. On the second. of February, where is he to go? Me's to go back to Torrance· Hospital. •' When .was he first put into· Torrance? •. September 5 . ,-"'· Of 1968? ' ' 1968. '· And will you tell the, Court some of the circumstances that led up to his being put in Torrance State Hospital? A He would not allow anyone, the rn!i:lk truck to come in and pick up our milk. He'd go out to the truck driver and the truck withc.:aclub. He'd go after him with a club and order him not to come back in. I'd have to call in our son to hold him while the truck would pick 3 '· 4 ·. up our miilk and he'd beat us all u'p·. Q When did this first start before he went to the hospital? . ' . A ltt:PeallY,·lgbt·ib;axl in,AugusL .. He was really b'ad. all August. Q Noyv you peo'ple were· in the dairy bu~iness, were you not? • A Yes. ·,, ~ z Q What would be do with the milk checks that came in? o( > .J >" Ill z ' ' A He would keep them apd hide them and he wouldn't let me have: them; z Ill Q. i. he wouldn't cash them and he wouldn' f pay any .bil~s .' 0 1-. 0 ~ Q And would he make any accusations about you and.h~s sons, whatyou I: .Ill o( ~ were doing? ' . ..: < 0 it 1-A Yes, he tried to, different times, have us arrested. Ill c .J ~ Q On what sort of charges was he trying to haveyou arrested, Mrs. ~ c :I .., Kearns? •J: ... ,.. (II A We was trying to take .everything from him~· trying to beat him up. . . ai ·o: Ill 'I-0: 0 Was t~ere any truth t.o any of the charge~ or a:ny foundation for Q. Ill 0: 1-what he was saying? 0: :I 0 u .J . ' '• ' I ·' A No, sir, tre re wasn't. < .. . '. u i&: "' 0 Q ~ - And was he in a position to ~anage his own affairs? • A He couldn't handle, he couldn't take care of .his own affairs . . . -': . -. ,,· .. . Q Why was that? What would he do? j A He didn't want to pay any bills. He wanted to take all the checks; he.wouldn't.cash' .. :1 them; he'd lose them. Q I remember you came to iny office at one time before he· went . . ' in and he had some checks on his person then; do you remember· ,,------------..-------------~-------c------------------- ), 6 Q Is it $3, 000 or is it $2, 000? A $2, 000. Q With what company? A Baltimore life. • Q Is there any .savings accoun.t anywhere? ~ A z Vije have a joint savings account in tlie'.Federal Savings. < > .J Q ~ Ill Is that First Federal Savings and Loan? · z z Ill II. A Yes. i 0 .... - Cl Q ; How much is in that aceount? ,:z: Ill < A ~ A little over' $200. ,.: u Q ir .... And does he get any Social Security? Ill 0 .J A < u •• Yes, he gets Social Security: 0 Q :J ., I believe therewas also an automobile accident that Mr. Bell was :r: 1-... N handling and that he settled, is that correct? rsi a: Ill A 1-a: That's right. 0 Q. Ill Q a: 1- And the amount of that settlement was $1835 total, is that correct? a: :J 0 A u Yes. .J < u Q ii: ... Isyqur husband's c"ondition improved to such a point that he is able 0 to manage his own affairs ? . '' A I don't think. He don't remember~ He don't remember,when he f -l· t~.r ' : r ~.! takes his medicine or when h'i~··~edicine' i~·due or what' h~'s to t~k1e. ,•' And he can't---it's hard for him to 1e:ven dress· himself. '; Q What sort of t:rouble does he have dressin·g·himself? A One hand, he don't use very good. ~ t-; -------- • • I • Q How has his mind been1 other thi:m forgetting the medicine? ~ . ~ . A Well1 he forgets .. He don't mind anything very good. He'll ask :5 z < ~ > Ill z z 1&1 II. z Q ~ Q C) z ~ A < == ~ u iii ... 5 Q ..1 < o A 0 ::l .., ~ Q .... N ai A a: 1&1 ... a: ~ Q Ill a: ... ~ A 0 u ..1 < u iL ... 0 Q A you over and over. He'hl<sayone thing then .in a little bit he'lL ask y< u again . That's all the questions I have of the petitioner~ Your Honor. (At the direction of the Court~ off-the-record discussion was not recorded by the stenographer). Mrs. Kearns1 ho~ far did you go in school? I went to three years· at California Normal it was then. Now it's a teacher's college. You finished high school and went to three years of college . I took': my high school at the Normal School. Who handled all the bookkeeping rec,ords in your far~ing? I •·, ' )' I did. How long haveyou .been handling those records? We '11 be in farming all these years and I always made out my incomE , . tax myself and took care -O~ all the business. How many years have you been doing that? Ever since M'.e had to make ·out income tax. And I ran the farm, we've be~n out on this onefartn for 33 years. Q I assume you are able to read and write? A I think so. Q And if the Court we.re wiliing to ap.point you, are you willing to serv 2 7 .----------~-----;------c:--------------------------- IIi a: Ill 1-a: 0 0.. Ill a: 1-a: :J 0 u .J ~ U· ii: II. 0 ' as guardianfo~ your husband while he l.s in the condition that he is in now ? A Yes. Q And you understand thatyou will be responsible to account for all the monies thatyou receive on his behalf and make sure that it is properly dispersed and us~d for his benefit? . ' A Yes. Q Will you be· able to do that? A Yes. Q I think thaf' s all I have. EXAMINATICN BY THE COURT: Q A Q A Q Mrs. Kearns, do you understand that all yo:ur ~ccounts of property and m·onies received for your husband would have to be kept separatE and apart from all other .. a.c~ounts and your banking and all of that . _ sort of thing wo.uld all_have to be separate? Do ... you tindersta~d that; . Yes. Are you willing to do that ? lam. I • " t \ . Do you and your husband have this farm thatyou spoke o~ in Hopewel Township approximately 387 acres, do you have thaLoi:tly'for a life estate with the. remainder to James Kearns and Virginia Kearn~ •. his wife? 8 -------------------------------------------, 9 A) Yes. Q How did you get this farm, the life 'estate in the farm? . A Well, we borrowed when we bought the last 180 acres, why, we took -• . a mortgage against the hom~ farm and it made the debt so big, it rna e • around $20, 000 mortgage on the farm, why, my son---the attorney ~ z said our son should have, he signed to go to. debt to make a living o( > .J > U) . on it and he said he should ha~e some security and he put his name z z Ill II. i on it and his wife's name on it. 0 ... ~Q X But prior to securing that ·mortgage, you and your husband owriE;d the . . . l U) o( ~ farm outright, did you?' i j ·~ .. '. . . ., ...: ~·A ... U) e c .J Q ~ u Well, we had a mortgage on~it. ,# 1-, ~ '". Yes, but the.title was in your name and your husband's name·•alone . c :J A ., Yes . ... % ' 1-.r " N Q And then it became necessary to take this other legal step which ai Q: Ill 1-Q: concerns the remainder to these others when you secured more 0 0.. Ill 0:: ... money on. the mortrgage . Q: •. :J 0 A . u Yes. .J o( u b: Q ... Then it was placed in your name and your husband's name only . 0 e with a life estate and the remainder then would go to James Kearns and Virginia Kearns. A Yes. Q Do you understand that?_. A Yes. Q So that in the eyent that during ;y-our lif'G!time and the lifetime of your 10 husband you paid off this mortgage, the one that would get the benefit of it would be James Kearns and his wife. Yes. That property, you couldn't dispose of that property to the other children in the will or ·anything of that kind .. D.o you und.erstand? Yes. Is that the way you had agreed to do the rpatter? Yes, that's· the way we. agreed it wh€m we made a wi~l providing for the other children. ,. You made a will? Yes.· But not concerning this property? No. Be'cause this property; at you~ death2arld your husband's death, wou lct go to James and his wife. Yes.· Do you understand t~at? Yes. So .that how much do you pay now on the. mo':rtgage on this farm·? . . ~ .,. ... How are your m·onthly payments? " I •. A Monthly·payments comes out of the milk check~ ~. Q BuL how much are the monthly payments, approximately, do you re all? ' . . A Around $375:00 a month. . , - • ~ z o( > .J )o II) z z 1&1 Q. i 0 1-C) ~ ::t II) o( := ..: u a: 1-II) 0 .J •o( 0 0 :J .., -:t ,. ,... N 'ai 0:: 1&1 1-a: 0 Q. Ill a: 1-a: :J 0 u .J o( u ii: ... 0 ------------------------, Q That take's care of the interest and part of the principal. A Q A Q A Yes.· Who is that loan with? Federal Land Bank' in Washingtoq. Here. Part of it is with the ,. Uniontown Production: Mrs. Kearns,.· is this marriage of yours to. George Kearns your only marriage ? wereyou ever'. married :b~rore? No, sir. Q Was Mr. George K~arns ever married before? A No, sir . '.• .' . Q Was your husband ·ever a member of the Armed Forces of the United States of America? ' ., . ·) c • •. . . ,. ., .. ' . 'l·• . . ~ . ' . \' .. ~ •. .. A No,:· sir. '· Q He never was in the service? . ,. ' ' j . < . ; . , . . . . ' . ' . A No,· sir. ' Q Now if you are appointed guardian are you goiqg to c9ntinue to ·~ I!' 1 • • • operate this farm? A We are not aple to operate~ the farm. Our son operates the farm. . And we just live:.._.:.we,·have a trailer there and.we live in a trailer ourselves. Q Well, how..ahout th'e dairy part? .. A My son runs the dairy. 11 Well then how are· you goirig to~ get the money 'from that to pay your j--------------1r---~~m~o~r~t~g:a~g~e~a~s~y~o~u~s~t~a~te~d~·~?~Y~o~u=·~s~·a~i~d~it~w~o~u~l~d~b~e_p~a~I~·d~w~i~t:h_t~h~e~m::ilk~~m~pn~e:Y~·--~ Q . I L_ _______ n_ ______ ~-~------------------------- ..----------------------- • --..----------~------------------------~~--~--------------------------------~ A <Q z < ' ~A >-Ul z z ~ Q z 0 ~A z :z: Ul ; Q t A ~ ... Ul 0 .J ~ ~ g Q .., .:t 1-.... N What is the arrangement there ~etweEm your son a.nd you and your htLsbamd!? Weli, our son took--we sold our interest to the son and he runs the l dairy I, 'runs the farm and" the money for this payment comes out of . the p1rlk;before the checks comes out. WhiC)1 son•is this? · James. How many head of ·cattle do you ~ave ? t' '- (no response). You don't know? In the neighborhood of about 50, I would say, r'ouglily. I don't .go to the barn . All right. I believe that will be all. Thankyou. We have· th~ thte.ie,·children here. Your Honor, . . ' IIi MR. FINDER: 0: Ill 1-0: 0 II. Ill a: ' .. and I think that you wiiL··fin~.that tliey:do.not .obj~ct 1t'o 'the proceeding' .. · ~ 1: il ' ,.· .··_ • • j ~ ~' ' r ~ ~ ~ ~ ' ' ~ 1i: THE COURT: Is James here? I t):1.ink we ought to hear JamEs :J 0 u .J < u iL II. 0 for a minute . . . .. . •;.. ., JAMES R. KEARNS IS CALLED AND SWORN. EXAMINATION BY MR. FINDER: Q Your name is James Kearns? A Yes. ' .~ . . ' Q And when was ~t that your parents turned over the farm to you~ 12 -------------~--------------------------------------------------------------------i_ ____ _ ,,---------------..---------------------------------------------------------------------------~ . A Q A • Q ~ A z o( > ..I >-Q Ill z z 1&1 a. A i 0 1-Cl Q ~ :r Ill o( ~ A ...: u ii: Q ... Ill i5 ..I A o( u i5 :I Q ..., J: 1-,.. N A ui It: 1&1 Q 1-It: 0 0.. 1&1 It: A 1-It: :I 0 Q u ..I o( u ii: A II. 0 Q A Q A Q A reserving to themselves the life estate, James; approxivnaely? Around March of 1 6 8. And is that when the mortgage was taken out? Yes. And. what was done with the money from the mortgage? It was put into the _other place we. bought. You bought additional ground at thattt:im:e, did you not? Yes. ~ --. . .. -. . ~ Was there any equipmeht~purchased?_.v,;~ _ •01! ' < No, not at that time. . . ; . ~ ,, I Has equipment been purchased since you took oV,er the o_'peration? . ' ' Some we felt was necessary . '. . . '•, Who makes su:r:e that the mortgage payments are made· each'"month'!? 1 I do. Then what is done with the balance after the;mortgage is paid, James? . ' Well, there 1 s not too much, the other bills are all ·taken care of. Do you use that money to support you and your family? Yes. What,p~ovision is made for mother and dad out of that money? Well, I have to pay them so much a month. How much do you pay them a month? - $150.00 a month. That was part of 'the original arrangement, is that correct?. Yes. • •. -------------------------------------------. Q Do you pay $150.00 a month to rriother and have you been paying it while your father has b~en in Torrance? A Yes. Q That's all I have. Your Honor.- EXAMINATION BY THE. COURT: i 0 ... Cl z X Ill ;A- t-= ~ Q ,.. Ill a .J o( ~ 0 :l ., :r .. ~ A ui ~ Q a: 0 II. ~ A ... a: :l 8 Q .J o( u ii: "-0 A Q A Mrs. Kearns. do -you feel thatyour father is ·.capable mentally of handling his qusiness affairs? No, I don't believe heiis. ; And should he be perm:l.tted by law to handle his business affairs. do you think that he might become the victim of designing individuals and persons who. might take his money from him? That is true. And you think ·a-guardian should be appointed? Yes. I think it should be . Do you feel that your m~ther is qualified and able to handle the guardianShip if!. this case? / ·. l . ' > . ( . ' I J ' ... Yes. I think she is. Do you think that she ihas had sufficient expe~ience with accounting and things of that type where she can keep .Pfoper and ·adequate records of the monies as ~hey come in and' as ,they' are expended? That's right. Q You then would favor the appointment of your mother as the guardia~?. 14 • • • A Right. Q I believe that's all. BESSIE KEARNS LEECH and WILLIAM FRANCIS KEARNS COME FORWA ~D TO THE BAR. :: z < MR. > FINDER: ·If the Court please, !have at the Bar, William .J >-Ill z z F:~· .Kearns, one of the sons, and· Bessie Kearns Leech, one of the Ill II. i 0 1- daughters.· I beli~ve both have no ·objection to the appointment of. C) ?: :r Ill their mother as the gm rdian and both take the position that a guardic n: < ~ ..: (J is nec·ess ary ~h, this case . a: Iii BESSIE LEECH: c .J ~ WILLIAM KEARNS: 0 :J ., . Yes~ Yes. -Am I stating that ·correctly? ' . ' ~THE COURT: ... til Both of you feel thatyour mo~her shoul~ be ui a:· Ill appointed guardian? 1-a: 2 BESSIE LEECH: w· a: ~· WILLIA.M KEARNS: 0 u ~ THE COURT: u ii: II. 0 Yes. : Yes. That will be all. (Proceedings Closed) • 15 • • .. ~ z < ~ >-Ill z z Ill 0.. i 0 I-C) z :t Ill < ~ t-= I hereby certify that t!le proceedings and evidence are contained 0 ii: . ~ fully and accurately in the notes taken by me on tile hearing of the above .J < u ·cause, ·and that this copy ~ a correct trans~ript of the same. 0 ::l ., :t 1-" N ui 0: Ill 1-0: 0 0.. Ill a: 1-0: ::l 0 u .J < The foregoing record oft-lie proceedings upon the hearing of the abo e ~ cause is hereby approved and direct~d-to-b~ filed. 0 ' • """ . . '"""' · \ilie~~ \ IN RE: IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA ESTATE OF GEORGE KEARNS, ) . . ) NO. An alleged incompetent. ) PETITION FOR APPOINTMENT OF GUARDIAN OF INCOMPETENT 1968 TO THE HONORABLE P. V. MARINO, PRESIDENT JUDGE OF THE SAID CDURT: The Petition of BESSIE W. KEARNS respectfully represents: ·'\. -1- That Bessie W. Kearns, the petitioner, is the wife of George Kearns, herein called alleged incompetent, having been married April 28, 1920. -2- The alleged incompetent is seventy-four (74) years of age, having been born on November 10, 1894, married and domiciled at Box 42, R. D. # 1, Avella, Washington County, Pennsylvania. -3- The alleged incompetent is presentl.Y. at Torrance State\:Hospi tal, having been· admitted on September 5, 1968. ' -4- ~ ~ The names and addresses of the next of kin of the all~ged incompetent who would be entitled to share ·in· his estate should he now die intestate are: Bessie W. Kearns, Box 42, R. D. # 1, Avella, Washington County, Pennsylvania William F. Kearns, Box 43, R. D. # 1, Avella, Washington County, Pennsylvania George Earl Kearns, Box 3A, R. D. # 1, Avella, Washington County, Pennsylvania James Richard Kearns, Box 41, R. D. # 1, Avella, Washington County, Pennsylvania Bessie Leech, 545 Lakeview Drive, Washington, Washington County, Pennsylvania Hazel Woods, 161 Vance Station Road, Washington, Washington County, Pennsylvania -5- The gross value of the alleged incompetent's estate is as follows: 1962 Ford Stationwagon Life Insurance Policy with Baltimore Life Insurance , Compa_ny .for $2,000.00 -Beneficiary is Bessie W. Kearns , 't~ . ! ~; . Savings account in First Federal Savings and Loan of Washington, Pa., for $200.00 as tenants in common with Bessie W. Kearns A life estate with_wife, Bessie W. Kearns in a 387 acre farm located in Hopewell Township, R. D. # 1, Avella, Washington County, Pennsylvania, with the remainder in· James Kearns and Virginia Kearns, his wife Social Security Pension -$60.00 per month George Kearns received bodily injury as a result of an automobile accident and said claim is to be settled in the amount of $1,700.00 along with $135.00 for damages to his 1962 Ford automobile, making a total of $1,835.00. Said accident occurred on Jan~ary 26, 1968. -6- The alleged incompetent is in such a state of mental illness that he is unable to manage his property or is liable to dissipate or become the victim of designing persons. Attached hereto and made a part of this petition is the affidavit of Dr. William J. Schilling of Torrance S~ate Hospital, certifying to the facts stated above and further certifying that because of his physical and mental condition, it is impossible for the said George Kearns to be present at the hearing in this matter. -7- The proposed guardian has no interest adverse to the alleged incompetent. -8- No other Court has ever assumed jurisdiction in any proceeding to determine the competency of the alleged incompetent. -9- No other guardian has been appointed for the estate of the alleged incompetent. WHEREFORE, Petitioner prays your Honorable Court that a citation issue directed to the alleged inco!1[1petent with notice thereof to his next of kin to show cause why the said George Kearns should not be adjudged an incompetent and a guardian of his estate be appointed. . ' . . COMMONWEALTH OF PENNSYLVANIA ) : 'ss: COUNTY OF WASHINGTON-)· ·Persof!all y appeared before me, the undersigned authority, BESSIE W. 'i • "' ' ' KEARNS, who, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition for Appointment of Guardian of Incompetent are true and correct to the best of her knowledge·, information and belief. Sworn to and subscribed befdre: it~~·-th~s 8th day of November, •.. \-. ·-. 1965. - ·,.._' .. ·.' ~~~-~~ tttm.US. A. POPPER Notary Pubnc, Washinaton. washinaton eo. Mr Commllliclll u,tres October 9, l91Z Bessie w. Kearns ,.) STATE OF PENNSYLVANIA COUNTY OF WESTMORELAND William J. Schilling, M.D., being duly affirmed according to law deposes and says: 1. That he is a practicing physician, resident at the Torrance State Hospital, Torrance, Pennsylvania, and is connected with the Torrance State Hospital as Superintendent. 2. That George Kearns, a resident of the County of Washington, State of Pennsylvania, was admitted to the Torrance State Hospital at Torrance, Pennsylvania, on September 5, 1968, in accordance with the Mental Health Act of 1966. 3. That upon admission of the said George Kearns on September 5, 1968, to the said hospital, his mental condition was such as to require detention and treatment in a hospital for mental troubles. 4. That the said George Kearns is so mentally ill that he is unable to take care of his property and in conseque nee thereof is liable to dissipate or lose the same and become the victim of designing persons. 5. That the general condition of the said George Kearns is such that his welfare would not be promoted by his presence in County Court. Further deponent saith not. Sworn to and subscribed before me this 6th day of December 1968. ~~~· MARY~Y,NOTAR~ TORRANCE, WESTMORELAND CO. My COMMISSION EXPIRES SEPT. 15. 1969 . ' -~ . :...;.· --~ .. ., . -: ... ·. .=-.... T: • __ ;:.:·-_ --~ .. -... . · .. ·· IN 'RE: ( ( ) ) ESTATE OF \ . Q1 ttutinu I ·no. 1544 of 1968 ·- GEORGE KEARNS, ( ( _4n Aileged lncomp.) ) ( . atnmmnnmraltq nf Jrnnnyluauia} lUi:. ···-----Qhtuuty nf -lfa£i~iugtnu . · To: GEORGE EE ARNS, . ------~m~I-n~el~l~eg~e~d+_~:~nwe~o~~l~p~e~t~e~n~t~.------- Sur Petition of: BESSI 8 V.!. RE ARNS . ~rtttiug: .;.:_ ~ .. :· -~~--: lfr QlnuttttUU~ Jnu, __ ....::::G..=EO=R:.::::..GE=--::.;KE=...:A=R:=.:.N.:::;..S _____ __..__; 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 -·· ----~-~--.._-·-·-7""·--- petition, on or before __ M_o_n_d_a..::..y ___ , the~20th day of __ J:...:a:._::n.:...:u.:....a..::.r~y ___ _J E.S.T. 19_6_9, at _lo_:o_o ___ o'clock__!:__. M. /and show cause y.rhy the said ' George Kearns should not be adjudged an incompetent and a guardian of his estate appointed;: and further abide the order of our said Court in the premises, If you fail hereof, the petition may be taken PRO CONFESSO and a decree made against you. WITNESS the Honorable P. Vincent Marino, President Judge of ci1lr said Co·urt-, at Washington, Penna., the .lOthday of December , 19~. ·~·2z~ . Clerk of the Orphans' Court · JO~T F. B"''X, . · Esq. Attorney for Petitioner. Washington Trust Bldg., (Seal) ~-lashington, Pa. , 15301~ .. -_ .. _ '. ~--. __ ·._ . -•'-~: ... . . .-· . -X~ !"-;.~ -: . . l .\ .. . . ·-~. )' ; 1 ' . " .· . . IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA IN RE: ) . . ESTATE OF GEORGE KEARNS, ) NO. . -. An alleged incompetent. ) 0 R DE R ----- AND NON, this qt!J_. -1---Jay of 1968 upon consideration of the within petition, it is ORDERED and DECREED that a citation be awarded, directed to GEORGE KEARNS, to show cause why fie should not be adjudged an incompetent and a guardian to his estate appointed; hearing to be held in Pennsylvania, 196;. at Washington, z.-. At least te~.(a:-o) days' notice of the hearing shall be given to GEORGE KEARNS, the alleged incompetent, by personal service of a copy of said • petition and citation, and by service of notice upon the next of kin, personally or by certified mail. BY THE COURT, : ~ ~ ~ ·r~ ·~· ~ ·.~ ,~~. t ~·, ~- ~· ~ ESTATE OF GEORGE KEARNS, An alleged incompehm.t: OF ..:.."".""\1'' ·.:-i .-t" ; ~-.• ·:;J' ·-i· \•'· ~-,·.-:. '. '· ·.·'· IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA. ORPHANS' COURT DIVISION IN RE: ESTATE OF ' ) )- ) ), ). No. 1544 of 1968 GEORGE KEARNS, an alleged incompetent. ) .) FINAL DECREE AND NOW~ January~ 1969, u.'pon consideration of the anriexed petition and after a hearing held following due notice. it is ORDERED AND DECREED that GEORGE KEARNS is adjudged an incompetent. BESSIE W. KEARNS is appointed Guardian of the Estate of. GEORGE KEARNS, an incompetent. The said Guardian is directed to file an inventory in accordance with the provisions of Section 402 of the Incompetents' Estates Act of 1955, as amended. The said Guardian shall file bond with sufficient surety in the s urn of p ,'JL. (f-(J'-(l, ~ ----~/~~~~----------------- .... t>L-/( P.J. - STATE OF PENNSYLVANIA, .} SS: N 0 COUNTY OF WASHINGTON, ------------- Personally appeared before me the undersigned authority BESSIE W. KEARNS guardian of the estate GEORGE KEARNS, an incompetent of ...................................................................................................................................................................................................... ............................................................................................................................................................................................................................................................................ ){F(~l( ' who being duly sworn, deposes and says that the following is a true and correct Inventory and State-. ment of the personal and real property which are of the estate of the above named minor ...... e:.t! 0:.:.;.;::;:~. ~:f.t.~ ) ... D~ .... 21f.. ..... zt.?.:.~ ..................... ) ···~--~-··-···--·····-Cler of Orphans' Court. Dollars 1962 Ford Stationwaqon A li.fe estate with wife Bessie w Kearns in a 387 acre farm in Hopewell Township, Washington County, Pennsylvania ~nri ;:!l C:o1"11.,...~ + Ponc~r>n -no.,.. mr>n+h 01 f-n Settlernent received as a result of accident which occurred January 2~, 1968 900 85 -·1 ~ - ; NOTE-If real estate, give street and number, Ward of City, Borough or Township, and County, and reference to Deed, Mortgage, Volume and Page. If cash in !bank, give name of same. j Cents I -- '-1 (' v ll; ( I N ' .l~44 . .· . 1' 9 68 o ......... >< .............................................. ~ .................. , .......... .. · In Re Estate of GEORGE KEARNS incompetent ......................................................... .'. ................................................ .. t\ ~ GUARDIAN'S .INVENTORY. AND STATrE-MENT L'i '"""' ,..--, I t ~~ (/') r--._J :·:-I [ --'-' ¥~ (~ !' ;J< .-:~ Fee$ ................................... . -' ,....... ' l ' =_I <..::: Filed ......................................................... ~ .............. , 19 .......... .. I ;;J ,j-'--" 3, .~ .............................................................................................................. Attorney. -~"'2 Judicial 857 (Pennsylvania-Guardian) (5-55) •"""•! ... IN THE Orphans' COURT OF Washington COUNTY, STATE OF PENNSYLVANIA NO. 1544 of 1968 In the Matter of the Estate of George Kearns BOND OF GUARDIAN Bessie W.Kea.rns ~ alleged incompetent L. KNOW ALL MEN BY THESE PRESENTS: That we, Bessie w. Kearns ( as Principal , L and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation under the laws of the State of Maryland, of Baltimore, Maryland, having an office and usual place of business at Pitt sburg'h , State of Pennsylvania, as Surety, are held and firmly bound unto the Commonwealth of Pennsylvania, its certain attorneys or assigns, in the sum of . Two Thousand · Dollars ($ 2000.00 ), lawful money of the United States of America, for which payment, well and truly to be made, we bind ourselves, our and each of our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. . · SEALED with our seals and dated this 3rd. day of . I<,ebruary '1969. WHEREAS the above bounden Bess 1 e W. Kearns has by order and ~ounty, Pennsylvania, decree of the Orphans 1 Court of Washington has been appointed Guardian of the Estate of George Kearns an alleged incompetent NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Bessie W. Kearns Guardian of George Kearns an alleged incompetent , shall at the termination of her guardianship 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 George Kearns under her care and shall also deliver up the said 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 estate of said George Kearns , then the above obligation shall be void, otherwise it shall be and remain in full force and virtue. Sealed and delivered in the presence of: '-~----).( ___ :_~~lJA ___ ;(~(SEAL) . UNITED STATES, FIDELITY AND GUARANTY COMPANY ~ By-----------------------------"-----------. ------------------------------------ Attorney ir a t. · L- ( L.. No. 1544 o.f 1968 ~]!9( Orphans' Court washington State of Pennsylvania In the Matter of the Estate of George Kearns ~· '- County an alleged inco~petent BOND OF GUARDIAN : Surety: . UNITED STATES FIDELITY AND GUARANTY COMPANY Home Office-Baltimore 3, Maryland /J And now to wit,· 9;g~ {( .-~~ ({. the within bond presented in open CoUrt, approved, ~nd-·Q$r·. ed to be~-c--. . // ~ . ~d-~ . -C.."" \h' r: · -. 1 ~./1 .. ·-~~~-..1 ~ I ·' f-~' 1 · 1 r L.J :i ~ ..... lo Filed I J.. .?. -~..a '19 Attorney ., ( ~ . ., .. IN RE: IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA ESTATE OF GEORGE KEARNS, An alleged incompetent. NO •. 1544 of 1968 PETITION FOR PERMISSION TO COMPROMISE TO THE HONORABLE P. V. MARINO, PRESIDENT JUDGE OF THE SAID COURT: The Petition of GEORGE KEARNS, by his guardian BESSIE W. KEARNS, and their attorney, JO~~ F. BELL, ESQUIRE, respectfully represents: '-. -. That George Kearns was adjudged an incompetent at the above number and term and Bessie \N .... :Kearns was appointed guardian on January 23, 1969. .. -2- That on or about January 26, 1968, said petitioner, George Kearns, was injured in an accident, which occurred on Jefferson Avenue, Washington, Washington County, Pennsylvania. -3- The defendant in said accident, Clair Reedy, is an adult individual who resides at Box 47, Taylorstown, Washington County, Pennsylvania. -4- The petitioner, George Kearns, sustained i0juries to his right arm, right elbow, and his neck and back were twisted. The petitioner's injuries were treated by Wilson B. Pizzi, M. D. A copy of the medical report of Dr. Pizzi is attached hereto • . l .. \ -5-. That your petitioner, George Kearns, through his guardian, Bessie W. Kearns, avers that he has made a recovery from the injuries sustained in the said accident. -6- Although the defendant, Clair Reedy, denies liability, negligence and casual connection, he has agreed and assented to the within compromise. -7- That as a consequence of the injuries sustained by petitioner, George Kearns, he was obligated to expend certain sums of money in connection with these injuries for treatment, doctors, etc., and that these expenses are as follows: Wilson B. Pizzi, M. D. $ 270.00 -8-0 ., That as a result of said accident' ',p'e'ti tioner Is car was damaged and repairs amounted to $135.00. ,' -9- ·That your petitioners, subject to the approval of your Honorable Court, have agreed with the defendant, Clair Reedy, to settle all claims for damages or injuries suffered or incured by said petitioneT for and on account of the said accident in the sum of One Thousand Eight Hundred Thirty-five and no/100 ($1~835.00) Dollars, biing $1,700.00 for personal injuries and 135.00 for property damage, to be payable as follows: (a) JOHN F. BELL, Attorney for George Kearns $ 9i34. J.5 ( 1) Wilson B. Pizzi, M. D. $ 270.00 (2) Attorney Fee (33 1/3%) 611.00 (3) Pictures of Accident 7.50 (4) Orphans' Court Costs - Petition for Appointment of Guardian, Notaries, Citations, and Certified Mail 21.15 (5) Bond, notaries, filing 24.50 (b) BESSIE W. KEARNS, Guardian for George Kearns 90b.8ta $ 1,835.00 .. WHEREFORE, your petitioners re~pectfully pray your Honorable Court to approve the settlement and make provisions for the payment thereof in accordance with the Acts of Assembly and Rules of Court Applicable thereto. AND they will ever pray. ,• .t?.J01:(~ :«) Zf::k~~~-· Bessie W. K~arnS, Guardian of the Estate of George Kearns, an incompetent • 'i "' • ' •• . . '' COMMONWEALTH OF PEN;~SYLVANIA SS: COUNTY OF WASHINGTON Before me, the undersigned authority,· personally appeared BESSIE W. KEATh~S, who being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. Sworn to and subsc~ed before me this .21 day of Janua~y, 1969. P.HYLUS A. POPPER Notary Public. iV:Jshin,r,ton. Washington Co. -~ Commission Upinis October ~~ 1S72 ., l ·.,:,,fJ __ iJo'l \X <!I ____________ L1 .... ,i),!• ,vll 1,., '.'·.. .,; ~~",:....;...._,..;_ ... :t;ii ,- -· . ---~----·-------- -: -~· ' PRACTICE LIMITED "TO NEUROLOGY WILSON B. PIZZI. M. D. . Ei[jhteen WILSON AVENUE WASHINGTON. PA. 15301 Attorney John F. Bell Washington Trust Building Washington, Pa. 15301 HISTORY October l, 1968 RE:George Kearns The above was injured in an automobile accident on January_26, 1968, while a passenger in the front seat. The car was struck on the left rear door by another car, throwing the patient about and causing injuries to his right arm, right elbow, and causing him to twist his neck and back. He was dazed but not unconscious. The patient's complaints at this examination and subsequent examinations, were severe pai:-1 at the lowet right arm and right hand with paraesthesic. of the right forth and fifth fingers extending up the lateral aspect of the right forearm. Patient also complains of a pain in the right neck area. Patient's mental attitude renders a history ahd physical very difficult to obtain. He is in Torrance now. PHYSICAL AND NEUROLOGICAL EXAMINATIONS This is a 74 year old white male whose affect is extremely flat and whose actions are extremely paranoid in character. Head and neck showed no abnormalities with the exception of spasms of the cervical rnuscles on the right moreso than the left, with much crepitation on both active and passive motions. Patient claims that the pain goes down his right arm. Patient shows a contracture of the right hand which appears to be old in character. The left hand reveals a decrease as compared to the right. On sensory testing, there was a decreased sensation in the right hand and right forearm. The right shoulder could not ·be raised above 80° and showed much crepitation. IMPRESSIONS Accute excasebation of hypertrophic arthritis of the neck, right shoulder and right hand due to the accident. Sensory root PHONE 222-5960 I. ., j . L_ __________________________________________________________ j • . I ,:,,u --... -~ I i ---~),!11 1 i~_J.!,. ! '' .j "" 4 \.<.;..,_.......;..,'""~ PRACTICE LIMITED •TO NEUROLOGY WILSON B. PIZZI. M. D. Eighteen WILSON AVENUE WASHINGTON, PA. 15301 pathological right cervical area is possibly due to a ruptured nucleus pulposis. Patient showed definite organic brain damage because of his eccentric behavior, flat affect, and poor memory. This behcvior had been denied prier to the accident and it is felt that the patient is suffering .from a concusslonal syndrome of the brain with post concussional symptoms being present. Prognosis is poor ln. reguard to all the above findings. Patient will remain under rn.ed:.wal care for an indefinite period of time. 1NBP:dm. Sincerely, / i//~Y?--·, )"/,v;p/~ /\:r;- /1 /) ·wnson B. Pizzi, M.~P' ,r PHONE 222·5960 L. ~· ~ r H 1 • STATE OF PENNSYLVANIA CDUNTY OF WESTMORELAND SUPPLEMENT TO AFFIDAVIT OF INCOMPETENCY ON GEORGE KEARNS 6. That the prognosis of the said George Kearns is poor for recovery as this man is suffering from paranoid delusions on an arteriosclerotic basis. Sworn to and subscribed before me this 9th day of December 1968. MARY A. VANNOY, NOT RY PUBLIC TORRANCE, WESTMORElAND CO t.-.Y COMMISSION EXPIRES SEPT. 1s: 1969 M.D. • I IN RE: Il'J THE ORPHANS'' COURT OF WASHINGTON CO.UNTY, PENNSYLVANIA ESTATE OF GEOJ3GE KEARNS, ) . ) NO. 1544 of 1968 . . An alleged incompetent. ) QE..QIE. ~ AND NOW, this Vday of January, 1969, it appearing to the Court that the above styled action is pending in this Court to recover damages for personal injuries sustained by George Kearns in an accident which occurred on January 26, 1968, and that the parties to this action desire to settle said claim on the part of the said George Kearns for the sum of One Thousand Eight Hundred Thirty-Five and no/100 ($1,835.00) Dollars; and the Court having before it the said George Kearns and Bessie W. Kearns through their attorney, together with the Joinder of the defendant, report of George Kearns' physician, the Petition of George Kearns, through Bessie W. Kearns, Guardian of the Estate of George Kearns, and upon inquiry and investigation by the Court, a full and complete hearing held, the Court is of the opinion that it is in the best interests of petitioners, under all the circumstances sur- rounding the case that this claim be settled. The Court does hereby authorize and approve the settlement of the said petitioner's claim ilia the sum of One Thousand Eight Hundred Thirty-Five and no/100 ( $1,835.00) Dollars, in accordance with the prayer of the petitioners,· joined in by the defendant, which the defendant is directed to pay as follows: (a) JOHN F. BELL, Attorney for Petitioners for expenses and costs as set forth in petition $ (b) BESSIE W. KEARNS, Guardian for George Kearns 9DD.85 $ 1,835.00 .. .. ,, • 7 I ..;· I .,.~, ,, . t' • •!. ,1 'II •' It I IN THE ORPHANS' COURT OF WASHING- TON COUNTY, PENNSYLVANIA NO. 1544 of 1968 IN RE: ESTATE OF GEORGE KEAru~S, An alleged incompetent. PETITION FOR PERMISSION TO COMPROMISE ~--­j ~ ! ··; "-_..) ~~ t> ~" ~Q ~ F BELL 'B' ~ .JOHN ' ATTORNEY AT LAW ~-~ ·""" 631 WASHINGTON TRUST BUILDING I WASHINGTON, PA./5301 v •''-1.,"-t,,;,,.f,>_,-..,_, ____ ,...,_., ,'!_,:,d • 'v,.. ( .. IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA IN RE: ESTATE OF GEORGE KEARNS, NO. 1544 of 1968 an alleged incompetent. AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) : SS: COUNTY OF WASHINGTON ) Personally appeared before me, the undersigned authority, JOHN F. BELL, who, being duly sworn according to law, deposes and says that he is the attorney for Bessie W. Kear~s, petitioner in the above named incompetency proceedings; that a~ said attorney he did serve notice of the hearing on BESSIE. W. KEARNS, petitioner, .in p~;so.n, 'and that he did mail a copy of the petition and order to WILLIAM F. KEARNS, Box 43, R. D. # 1, Avella, Pennsylvania, GEORGE EARL KE~Ri~s, Box 3A, R. D. # 1, Avella, Pennsylvania, JAMES RICHARD KEARNS, Box '41, R. D.·# 1, Avella, Pennsylvania, BESSIE LEECH, 545 Lakeview Drive, Washington, Pennsylvania, and HAZEL WOODS, 161 Vance Station Road, Washington, Pennsylvania; that said copies of the petition and order were sent~·by certified mail, being mailed at Washington, Pennsylvan. a, on December 10, 1968, and duly received by the above named on December 11, 1968, as shown by the return receipts of the delivery of said certified letter containing the said copies, which said receipts are hereby attached. Sworn to and subscribed ~b~i~re me this £1ay of January' 1969. . . ;ta~y>~ P11 h Lie Jt·J..,I~I.;:) 11 .. Y""Ct.~~ Notarlt Ptt~l·n • , ... , ,,, ~. · M "' '. '" ·"'''::· .• en, "JSumgton Co. Y CommfsstM. Cxj>ucs Octofiar 9, 1972 .. • ' ' . ' IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA IN RE: ) ESTATE OF GEORGE KEARNS, ) NO. 1544 of 1968 An alleged incompetent. AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF WESTMORELAND ) Personally appeared before me, a Notary Public, the undersigned officer, WILLIAM J. SCHILLING, M. D., who, being duly sworn according to law, deposes and says that he is the Superintendent of Torrance State Hospital, Torrance, Pennsylvania; and that he did serve a copy of the Petition for Appointment of Guardian of Incompetent filed at the above number, duly attested by the Register of Wills, and a Citation directed to George Kearns on the said George Kearns at Torrance State Hospital, in Torrance, Westmore- land County, Pennsylvania, on December 16, 1968, at 9:30 o'clock, _ll. M., by handing him the said copy and making known to him the contents thereof, the said George Kearns being personally known by your affiant. Sworn to and subscribed J. v-lling, befQre me this 16th day ~f December, 1968. '' 'J •I ,, ------·----------------~ INSTRUCTIONS TO DELIVERING EMPLOYEE n Show to whom and D Show to whom, date, and D Deliver ONLY W date delivered _ address where delivered to addressee (Additloual charges required for these services) RECEIPT Received the numbered article dese1·ibed below. REGISTERED NO. CERTIFIED NO, ~ 673893 INSURED NO. SIGNATURE OR NAME OF ADDRESSEE (Must always be filled in) c55-16-71543-9 GPO / . I -~-'""·-------- y I • INSTRUCTIONS TO DELIVERING EMPLOYEE rx1 Show to whom and D Show to whom, date; and D Deliver ONLY LJ date delivered address where delivered to addressee (Additioual charges req;tired for these services) RECEIPT Received the numbered article described below. REGISTERED N 0. CERTIFIED NO, 673892 • INSURED NO. oli5-16-71548-9 GPO INSTRUCTIONS TO DELIVERING EMPLOYEE n Show to whom and D Show to whom, date, and D Deliver ONLY I.A..I date delivered address where delivered . to addressee (Additional charges required for these servzces) RECEIPT Received the numbered article described below. REGISTERED N 0, SIGNATURE OR NAME OF ADDRESSEE (Must always be filled in) N WI-JERE DELIVERED (only ij requested) c55-16-71548-9 GPO I • • \)-... .~u -(-------..--"~ "-~ -------------- INSTRUCTIONS TO DELIVERING EMPLOYEE n Show to whom and 0 Show to whom, date, and 0 Deliver ONLY UW date delivered address where delivered to addressee (Additional charges requit·ed for these services) RECEIPT Received the numbered article described below. REGISTERED N 0. OR NAME OF ADDRESSEE (Must always be filled in) _, l ' DATE DELIVERED SHOW WHERE DELIVERED (011/y if requested) o55-16-71548-9 GPO --~--~-----~-~ - -------------- INSTRUCTIONS TO DELIVERING EMPLOYEE n Show to whom and D Show to whom, date, and D Deliver ONLY llLJ date delivered address where delivered to addressee (Additional charges required for these services) RECEIPT Received the numbered article described below. REGISTERED NO. CERTIFIED NO. 673888 INSURED NO. DATE DELIVERED SIGNATURE OR NAME OF ADDRESSEE (Must always be filled in) SHOW WHERE DElltERED (only i/ requested) c5&-16-71548-9 GPO .. ~I I ,•) __ ;· .. '· · .. ?.~ IN THE ORPHANS' cbuRT OF WASHiNGTON ~OU!':JT:~;~ :PENNSYLVANIA ·NO. 154~'of 1968 IN RE: ESTATE OF GEORGE KEARNS, An alleged incompetent. AFFIDAVITS OF SERVICE ,~.,·., •"i:'<~ ... ~' Jd'HN F~·(,E3'ELL :i.~·TCJ.~N Ev.A'+• LAW . .. 631 wASHINGToN -r··R/~·s·~ a·u,·LoJNG WASHiN~TCJN, PA: tS301 ~: • ··:'•;;• ;-lL. ,·, <• ,f ~· 0 •• •;--;;,' •,n : .; "' ·{'\."-'' I ~~ ,:./