HomeMy WebLinkAboutOC1968-1578 - ESTATE OF BUCKLEY•
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTy, PENNt\.
ORPHANS' COURT DIVISION.
IN RE:
ESTATE OF
No. 1578·of 1968
MARY J. BUCKLEY,
~ an alleged incompete~t. ~
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HEARING .ON PETITION FOR APPOINTMENT OF GUARDIAN
X BEFORE: . THE HONORABLE P. VINCENT MARINO,
President Judge of the said Court.
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..: 0 a: ti APPEARANCES: MICHAEL E. KUSTURISS, ESQ., of Canonsburg,
Penna., representing the Petitioner . 0
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0 :l ~ TIME: Monday, January 6, 1969, ·at 11:00 o'clock A.M.
EST.
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ui ~ THE COURT: Mr. Kusturiss, 'do.you wish ~o ~tart with your ne:x
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:l 8 MR. KUSTU.BISS: This is the tirrie, Your Honor, set for a hearing
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OJ! the Pe titian o~ JFrancis J. Buckle.y for the·appointment of a
guardian·of Mary J. Buckley. ·Notice of the pending hearing was
.served on all of the heirs ·and children of Mrs. Buckley, and there . '
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. is a Joinder: att~ched ,to 'the petition ex'eclitE(d by all of the children
of Mrs. Buck·ley ·\ In addition, personal service of the Pe titian with
the Citatio,n was ~ e.tved on~ Ma:ry J. Buckley at the McMurray Hills
'Manor Nursing Hom~· on1D<::cember 17 . ..
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THE COURT: That gives us 20 days. All right, the Affidavit
of Service, having complied with statutory requirements and with
the rttr.lE?.S of Court: is hereby ordered filed and made part' of the
.record .
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·MR. KUSTURISS:,. -·If·thr Court please, ~have here Dr.
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~ DR. MICHAEL H. SHARl'JIAN IS 'CAL~ED AND SWORN.
't-\ ~· t " 1' z ~ DIRECT EXAMINATION BY MR. KUSTURISS:
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What is your name?
Michael H .. Sharman.
What is your profession?
General practitioner.
Sharman.
~ Q Are you duly licens eq to practice medicine in and for the Common-
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ffi wealth of Pennsylvania?
1-a: 0 ~ A Yes.
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How long·haveyou been so licensed, doctor?
u A ii: 25 or 26 years, I can't tell you just now.offhand.
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Q Do you maa.irtain offices for the practice of your profession in
Washington County?
A In Canonsburg.
Q How long have you had offices in the Borouth of Canonsb~rg?
A About the same time.
Q Are you acquainted with Mary J. · Buckley?
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A Yes. .i. ., .
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Q Doctor; could you tell us when was the first time 'thatyou saw Mrs.
Bucklyy?
A I think four or five years ago it must have been, something in·t~is;-
I can't tell you just now offhand. Something in this order.·
Q Doctor, from that time to the present_time, have you been caring
for Mrs. Buckl.ey,?_ 1
A That's right.
Q And where have you been caring for her?
A The first time in her. home, then in the McMurray Manor, and then
the Canonsburg General Hospital.
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Q Doct~or, you ha ye h,ad ari opportunity ·to talk to Mrs . Buckley and
in addition to examine he·r, is that correc't?
A That's right.
Q Based on the histo~y th~t you. got frorp' her and your examinatipn
of her, what .is 'your diagnosis of her condition a't the pre'sent time?
At the \present time she is in fairly good condition, but she is,
according to her age, mentally confused.
Q_ Medically do you have a term for1 her conaitl.on?
A This we would call cerebral arteriosclerosis.
Q This is .what you refer to as hardening of the .arteries.
A ·H~rdening of the. brain arteries mainly.·
Q Does this. condition ever correct itself?
A No.
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Q What is usually the prognosis for a' con.dition of this kind?
A You can't see nothiqg; expectant.
Q What is your prognosis on Mrs. Buckley's condition?
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A Poor . • .Q Do you feel, Doctor,; that she is able to look after her property and
~ to manage her personal affairs 'in th_e condition she was in the last
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time you saw her?
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~ Do you feel that a guardian should be appointed based on her physicc: 1 . .. ~ . .
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That's right.
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I To m~nage her affairs.
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J: ... ' " Q N When was the last time you saw Mrs. Buckley?
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·-. ~ ,. ,, "'· I._ "' + ' I tliink it must have been 'two-or three weeks .ago; something like th< t.
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0 0.. Ill a: From the Canons~urg Hospital, and since that I'm· in contact with
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0 0 the McMurray Manor, if there is anything that I don't have to be
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attending perso:nally. M , * 0 t" ""1 ·•
0 • Q And the condition from which she is afflicted with is just a permane 1t
condition . .
A It is a permanent -condition.
Q I have no further questions, Your Honor.
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EXAMINATION BY THE COURT:
• . Q Doctor, we have-her age listed here as 92 years. Is that about cor1 ect?
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A That is about correct.
• Q And in a person of that age with cerebral arteriosclerosis, the
prognosis could hardly be an:ything but poor.
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That's right.
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·That I am absolutely copvinced. • 0
.J Q o( I believe that will be all, doctor, thank you.
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1-FRANCIS J. BUCKLEY IS CALLED AND SWORN:
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.J DIRECT EXAMINATION BY MR: MR. KUSTURISS:
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Q -Your name is Francis J. Buckley?. • A •'That 's right. '\ ' ' ~
Q You are the petitioner in this case.
Yes, I am. ' ' . . _.
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Q And what is ,your relat-i~:mship to Mary J. Buckley?
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A I am the oldest of three sons.
lc;: vnnr dad living?
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A My dad has. been dead since '53.
Q Bow old is Mary J. ·J3~ckley?
A This coming May she will be ~3.
Q where does she presently re.side? • A She's at the McMurray Hills Manor.Nursing Home and has been
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~ there-..:.:.I first too!< her there in January of 1967. and she developed
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a heart condition we thought. She was in the Canonsburg Hospital
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i ,, for t~ree months and now ·she ~s back at 'the nursing ·hom.e.
0 ... Q C) z How many children are presently living?.
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' . My oldest brother is Bill, William. he is 61; :a.il.d Regis is 55.
~ ~ c Q :l In other words, all of her .·children are over 21. .,
X 1-I' A. N Yes.
rti a: Q w ... And mentally competent, a·re they not?
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:l Q 0 l) Mr. Buckley. could you tell us what the estate of Mrs. ·MaryJ,
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A Aside from a pension check of $36. 00, she has a home that is worth
in the neighborhood of $6, 000 to $6, 500,· which is 'not being tended
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and under which I keep up the·utilities and bills on it. That's all
she has now. •'
Q· This is all thather estate-consists' of.
A That's all.
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Q Q:mld you tell us whether Mrs.-Mary J. Buckley was ever a membetr
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of the Armed Services of the United States ?
No, she was not.
Could you tell us in your opinion what is the physical -condition of
Mrs . Buckley at the present ti:m e ?
She has lapses where she becomes very ·iU. In fact, I have been
called home from Pittsburgh, telling me that the end if near. She
rallies from-that and I have been CC?-lled to the nursing home, tellin~
me that she won't las·t the day, and she miracuious.~y recovers:
And her physical condition, -a:side from those things that do happen
to her, she is pretty healthy.
Now as far as her mental condition, you heard Dr. Sharman testify,
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did not? ' . : ' you ' . . ' ( ' .
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I did. •· '
And is this about what her condition-is like?
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Yes.
Mental, that is .
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Yes. But to givejy<im/ indication, the last time I went to see her
and started talking_to her, she told me I was not her son, I didn't
look like him., and then after the conversation; identifies her with
me, we go back over things that happened may be 30; 40, 50 years
ago that are quite important to her, but I have heard them many
times. But my wife took some clothes down to her the. <?ther day
and she didn't even rec6gnize in:y··;w_if'e,luntil conversation allows her
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to identify with it.
Q Based on whatyou have observed and based on the medical opinion g ven
to you by Dr. Sharman, do you feel that Mrs. Buckley is capable
of handling her financial arrangements. and managing her property?
A She isn't. In fact", I have been taking care of .things for her since,
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I'd say the last 15 years; ~verything.
Do you have any interest that ~s adverse to the interest of Mrs.
Mary J. Buckley?
None whatever.
And has a guardian .ever bee? appointed previou.sly for Mrs. Buckle V'?
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No, sir.
Are there any creditors outstanding that you know of?
No, sir .
'' Are all bills paid?
They are.
·Who has been paying these bills?
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Incidentally, Mr. Buckley, are you a::grp.duate of any university ?
University ,of ~otre; D~~e, 40 years ago.
What was your major at tp.at ~ime?
Business Administration.
What is your present occupation?
I have an insurance real estate business in Canonsburg.
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Q In the operation of that business, do you m?-nage rental collections
and do the general line of work that is required of a real estate'
" business?
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A For many many people.·· • Q An,d do you fee.l thatyou are competent to handle··;vhatever bookkeepi g
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·In your business you also sell bonds, I believ~, post bonds for othe
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Do you understand, Mr. Buckley, if the Court appoints you as guarc ian
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ui t II: Ill Q .... II: Are you willing to assume that responsibility?
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' In addition to the accounting to the Court~. you, of course, must
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be held to a strict accounting toyour other brothers.
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A I will.
Q I have no other questions,· Your Honor .
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EXAMINATION BY THE COURT:
Q Mr. Buckley,' there are two sons' besides yourself.
A ·Yes, Bill and Regis.
Q Are there .any_ deceased children?
A No.
Q The Court has no further questions. Thank you .
(~roceedings Closed).
_, ·r ·hereby certify that -the proceedings and' evidence are· contained
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~ fully arid accurate.ly in the, notes taken by me on the hearing of the above u·
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The foregoing record of the proceedings upon the hearing of the . . '
u ~ above cause is
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hereby approved and directed to be filed.
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' IN THE COURT,OF COMMON PLEAS OF WASHINGTO.N COUNTY, PENN1 •
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ORPHANS' COURT DIVISION
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IN RE:
ESTATE OF No . 15 7 8 of 19 6 8
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z , ~ MARY J. BUCKLEY,
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. ~ an all~ged incompetent.
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:i 0 1-~ PROCEEDI_NGS ON PETITION OF GUARDIAN FOR LEAVE TO SELL
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~ MR. KUSTURISS:
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REAL ESTATE
'THE HONORABLE·CHARLES G. SWEET,
SpeCially Presiding. .
MICHAEL-E. KUSTURISS, ESQ., of Canonsbl rg.
Pa'., representing the esta~e.
Wednesday, ~ebruary28, 1~73, at 1:30.P.ivr.
·If Your Honor please, this is the time set for
a hearing ori the petition of ~raq.cis ~.' Buckley, guardian of the
estate of ~ary J .. Buckley, an ane·ged incompetent. We are here
asking the' Court for permission to sell a hom~ owned by the inco npetent
situate in Canonsburg that ~jas been vacant for five years. Vv e
have attacllned to the Petition Affidavits of two appraisers and
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'. the assessed valuati?~ of the property, and a. Consent and Joind~r.
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by all of the heirs. We ·have a· copy of' the proposed Order, Your
--Honor.
THE COURT: Do you have a petition?.
MR. KUST-URISS:. Yes, here it is.
~ . THE COURT: .. 'Mr. Buckley, can you tell me something
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about this property?
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11. i, MR. BUCKLE:¥: Yes. As Mr. Kusturiss stated, it's· been
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vacant for five years simply becau_se my mother is 96 and she
always hoped she was going .to c'oine from the nursing home and lh e
. the .
in it. I told her I truth for awhile. It reached the point the exper ses
of her keep ruri·~round $7500.00 a year. I neededthe mo~ey. And
. so I'm disposing of it. And although tr1e assessment does look
high in comparison to the sale price, it's been neglected; aside
from taxes and utilities, that's all the care it's ·been given.
THE COURT: I think probably we hurt the estates of elderly
.People more by dragging our feet on these than moving too fast.
'' .This is to be done for $6500, is tha t.right?
MR. BUCKLEY: Yes.
THE COURT: How much bond do you think you ought to have
on this, Mr. Kusturiss?
MR. BUCKLEY: $500.00 ·is all I have now.
-~N we have now a tthe p::esent is a $500.00
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MR. KUSTURISS:
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bond { · · F 4
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THE COURT: Do you wa,nt to make it $'7500. 00? If he's
going to file his own, it hardly matt~rs. He's good for fiye times
tha,t much anyhow. I think this is obviousl;y t~~ s ehsible thing to d
· (Proceedings Closed) .
I hereby certify that the proceedings and evidence-are contained ..,:_
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Iii fully and accurately in the notes· taken by qte on 'the, ·hearing of the 'above c
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o( ' -§-cause, and.that this copy is a correct ~ranscript of' the same.
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~ above cause 'is hereby approved and direcfed to be filed.
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IN THE ORPHANS• COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE:
ESTATE OF MARY J. BUCKLEY,
pn alleged incompetent
PETITION FOR THE APPOINTMENT OF A GUARDIAN
FOR AN ALLEGED INCOMPETENT
TO THE HONORABLE, THE JUDGE OF SAID COURT:
The Petition of FRANCIS J. BUCKLEY, respectfully represents:
1. That the petitioner is the so,n of Mary J. Buckley, and resides at
510 Hutchinson Avenue, Canonsburg, Washington County, Pennsylvania.
2. Mary J. Buckley, the alleged incompetent is a Widow, being 92 years
of age, whose residence is 221 Orchard Avenue, Canonsburg, Washington County, Penn-
ylvania, and is presently confined to the Canonsburg General Hospital, Canonsburg,
Washington, County, Pennsylvania, having been admitted on November 5, 1968.
3. That the following is a list of the next of kin of the alleged incompetent
(a) Francis J. Buckley, Son, 510 Hutchinson Avenue, Canonsburg, Pa.
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(b) William Buckley, Son, 139 North Franklin Street, Washington, P •
(c) Reg is Buck I ey Son, 8 Douglas Avenue, Uniontown, Pa.
4. That the gross value of the alleged incompetent•s estate is$ 6,000.00
~:md the net income from all sources amounts to $ 36.00 monthly viz:
Real Estate -Two story frame house situate at 221 Orchard
Avenue, Canonsburg, Washington County, Pennsylvania.
Income consists of:
Old age insurance benefits (Title 2 of the Social Security Act) in
the amount of $36.00 per month. (Social Security No. 201-4().;.2231)
5. The ~J!eged incompetent, at no time, has been a member of the Armed
~ervices of the United States and, therefore, is receiving no benefits from the United States
~eterans Administration or its successor.
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6. That the said Mary J. Buckley, because of mental infirmities or senility
is unable to manage her property, and/or is liable to dissipate it, or become the victim
of designing persons. Attached hereto and made a part hereof is Dr. Sharman •s Affidavit.
7. That Francis J. Buckley of 510 Hutchinson Avenue, Canonsburg,
Washington County, Pennsylvania, the proposed Guardian, is the son of Mary J. Buckley,
the alleged incompetent.
8. It is averred that the proposed Guardian, Francis J. Buckley, has no
interest adverse to the alleged incompetent.
9. No other court has ever assumed jurisdiction in any proceeding to
determine the competency of the alleged incompetent.
10. That Mary J. Buckley, the alleged incompetent, has no guardian
of her estate.
WHEREFORE, your petitioner prays your Honorable Court for a citation,
directed to the alleged incompetent, with notice thereof to her next of kin and to such other
persons as the court may direct, to show cause why she should not be adjudged an incompeten
and a guardian of her estate appointed.
And he will ever pray, etc.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
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( SS:
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Personally appeared before me, the undersigned authority, FRANCIS
J. BUCKLEY, who, being duly sworn according to law, deposes and says that the facts
set forth in the foregoing Petition are true and correct as he verily believes.
Swc;>rn~to and subscribed before me
t.his~f r~~~ . . -.. · . ~-ct-_ .
. ~ary Public . ..
~ARGARET A. CAMPBELL, NOTARY P0Bl~
CANONSBURG, WASHINGTON CO., PA.
MY COMMISSION EXPIRES JAN. Z9, 1971
JOINDER
AND NOW, this -It-day o{jjQ.(J~, 196~--We, the
undersigned Children of Mary J. Buckley do hereby acknowledge to have received
a copy of the within Petition for the Appointment of a Guardian for Mary J. Buckley1
an aHeged incompetent and join in a prayer thereof.
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CONSENT
AND NOW, this J}_day o(j){}fla(lk' 196_K_1 I, the undersigned
son of Mary J. Buckley, do hereby consent to my appointment as Guardian for Mary J.
Buckley, an alleged incompetent.
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COMMONWEALTH OF PENNSYL VAN lA )
,, ( SS:
COUNTY OF WASHINGTON )
M. H. SHARMAN1 .M'.D. being duly affirmed according to law, deposes and
says:
1. That he is a practicing physician in the Borough of Canonsburg,
Washington County, Pennsylvania.
2. That Mary J. Buck ley is a resident of the Borough of Canons :>Urg,
Washington County, Pennsylvania.
3. That Mary J. Buckley is weak-minded and so mentally
defective that she is unable to take care of her property, and in consequence thereof is
liable to dissipate or lose the same and become the victim of designing persons.
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4. That the general condition of the said Mary J. Buckley
is such that her welfare would not be promoted by her presence in the Orphans' Court of
Washington County, Pennsylvania.
Further deponent saith not.
Sworn to and subscribed before me
this, ~7 day of JM , 19~( _ __;_....::;,_;:.......;. __
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MMGARI!T A. CAMPBELL, NOTARY PUBLIC
CANONSBURG, WASHINGTON CO., PA.
MY COMMISSION EXPIRES JAN. ;19, J~7.J
v{ 1 ~~-~ WvMUM }.47
M. H. Sharman, /)IY.D.
lJu IDqr ®rplFttln' Olnurt nf lian.f1tugtnu Q.touuty, _Jrnnayluanitt
IN RE: . ( . • (
~ ) )
ESTATE OF ( (
,, MARY J·. BUCKLEY-2---l QI itattnnl NO. 1578 of 1968
an alleged Incompetent. )
) (
Qtotnmntiturultq nf Jrnnsyl uautu { a .a:
O!nuuty nf lftudJingtnu )
To: MARY J. BUCKLEY,
an alleged incompetent
Sur Petition of: FRANCIS J. BUCKLEY
~rrrtiug:
Dr arnmmttttb Wnuf -----=-MA~RY=--..::...J-=-· -=..B...::...UC=KL=E==-=Y=------
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 __ M_o_n_d_a_,_y __ ·, ·the 6th day of __ J_a_n_u_a_r~y __ _
EoSoTe, .
H69 , at 11:00 o'clock~· M./, and show cause why the said
MARY J. BUCKlEY should not be declared an incompetent, and a
guardian of her 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 our
said Court, at Washington, Penna., the .11_ da:y of Doc ember ' 1968 .
·~· ' . . . .?J-~_)
~e Orphans' Court
Mj cha el 'R.K,is'tnri RS D Esq.
Attorney ~or Petitioner.
(Seal)
•
IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE:
ESTATE OF MARY J. BUCKLEY,
an alleged incompetent
)
(
)
( NO.
INTERLOCUTORY ORDER
of 196 o.c.
AND NOW,~~ /7 , 196 ~pon consideration . . l . 14--' u 7 I'
' '
of the av;,ments of the foregoing Petition, the Cotxt fixes , the _:\o~-.::ir-
day of .~~ -, 196-l-, at /{: 17"'G>o'clock, d_ .. E.S. T., the
Orphan Jcourt Room, Court House, Washington, Washington County, Pennsylvania,
as the time and place for.hearing on said petition, and petitioner is hereby directed to
serve a copy of the Citation as awarded, the petition and a written notice of the time an
place 10f hearing, at least 20, days prior to the date of the hearing, upon alleged
incompetent, to show cause why she should not be declared an incompetent, and upon all
of her named intestate heirs who are sui juris and who reside outside the Commonwealth,
and also upon all known creditors. All residents of county to be personally served. Ser-
vice on non-residents to be registered mail posted so as to reach addressee under normal
conditions at least 10 days prior to the time fixed for hearing.
-:.
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IN THE ORPHANS' COURT OF WASH-
INGTON COUNTY, PENNA.
NO. /37 f ofl96r ~
IN RE:
ESTATE OF MARY J. BUCKLEY,
an alleged incompetent
Petition for the appointment of a
Guardian for an alleged incompetent
and Interlocutory Order
y>~
)D ~ ~
. !!; %:
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....... . I z,v "' _; ~ 1 ~ .. t11'~! CJ
~~~ v
·v ~ MICHAEL E. KUSTURISS
ATTORNEY AT LAW
f( ~12 N. JEFFERS~!'! AVE.
4
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...
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA.
ORPHANS' COURT DIVISION
IN RE:
ESTATE OF
MARY J. BUCKLEY~
an alleged incompetent.
) . )
~
).
)
).
)
No. 1578 of 1968
FINAL DECREE
AND NOW, January~· 1969, upon consideration of the annexed
petition and after a hearing held following due notice, it is ORDERED AND
DECREED that
MARY J. BUCKLEY is adjudged an incompetent.
Francis J. Buckley is appointed Guardian of the Estate of MARY J.
BUCKLEY, 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 amende<•.
The said Guardian shall file bond with sufficient surety in the sum
of v;-600.~._,1 -£-~~~.k-f~
1~~ I -
' '
STATE OF PENNSYLVANIA, !
SS:
COUNTY OF WASHINGTON,
Personally appeared before me the undersigned authority
FRANCIS J. BUCKLEY ..........................................................................................................................................................................................................................................................................
guardian of the estate of ............ Mb.R¥.. ... !!. .. ~ .. .J?.V.g.~-~Xl ..... ~.D: ... J.D:~.9.~.P..~.t.~.J;?;t. ......................................................................... .
..........................................................................................................................................................................................................................................................................
xndmxx , 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 M.itMK incompetent.
Sworn and subscribed before me this )
/
.... ~ay o.f ........ ~ ........ , !9.9..~ ..... . 7"/~-~~~~~~~;~Lic ·
I==============~========~~CA~N~ON~SB~U~RG~.~W~AS~H~IN~GT~O~N~CO~ .. ~P~A.=.================================~========~=========
M 10 1969 Dollars Cents My Commission expires ar. ,
REAL ESTATE ALL that two story frame house situate at 221
Orchard Avenue, Canonsburg, Washington County,
Pennsvlvania. beinq more specifically bounded
and described of record in the Recorder's Office
of washington County, Pa. in Deed Book Vol. 480
~----------~£p~a2g~e~3~1~8~·~------------------------------------------~:--~6~,~0~0~0~0~0 ______ ,
~-----~------------------------------~~r---~----
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 tbank, give name of same.
I :--------~~--------
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In Re Estate
of
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........................ tent ............................................................... ~~···
~
:!J GUARDIAN'S
l INVENT:~RY AND
~ -. ~ ~ r--STATEMENT
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Fee$ ................................... .
Filed ............................................. ~ .......................... , 1 9 ........... .
··--··-·· ... A.ttb~~·;;v ....
~~~~2 JD ( 71) "\
•
STATE OF PENNSYLVANIA, f
SS:
COUNTY OF WASHINGTON,
Personally appeared before me the undersigned authority
............................................................................................... frgnc.is. .. J ..... au.c.kle~!.. ............................................................ : .......................................................... .
guardian of the estate of .................... 0..~.Y. ... ~ .. ~ ... ~.~.~.~.!.~.Y..r....~~ .. ~.!.!~~t~9. ... !.~.~.?..~P..~.~.~.~.t ..................................................................... .
UliQlQHK , 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 urriaxxx incompetent.
• ... :· .... ,:.: s._:~ .~:.~~jl \ ---0'2 --Q ,~;;= 12~--········~··········:.~ ....... '1':" ••• :: ......... · ........................ -: •••••••••••••• <:: ••••••••.••••••••••••••.••
EVELYN C. TELESKO, Notary Publi
Fr · J. Buckley
· erk ~·Orphans' Court. }
'
Canonsburg, Washington Co., Pa. I ''
My Commission Expires March I 0, 1973
Real Estate located at 22J Orchard Avenue Canonsbura
Washington County, Pa.
Appraised value
OTHER ASSETS:
Old age insurance benefits: (Title 2 of the Social Security Act) in
the amount of$ 52.20 per month (Social Security No. 201 40 2231)
NOTE-If real estate, give stree•t and number, Ward of ·City, Borough or Township, and
County, and reference to Deed, Mortgage, Volume and Page.
If cash in lbank, give name of same.
Dollars
6, 500 00
J
Cents
I.
...
· l578 • of : ' ! ' 68 No: ........... ~ ............................................... 1 .................. , 19 ........... .
· In Re Estate
of
. . .
.................... : ... .MAR.Y...J ..... a0.C.KLE.Y.,. ............................. ..
: a lle.9ed incom.P..~.!.~.!:l.f: ........ ifii~g5( .................... ; ........... : ........ ~ ................... ; -~·
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g :.:: iNVEbi:-TORY AND ; r ~--~ ~: ;:_; STA.;J"EMENT • • t..M .
Fee $ ................... ~ .............. ..
Filed ........................................................................ , 19 ........... .
Attorney.
~·2
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
ESTATE OF MARY J. BUCKLEY,
)
(
)
(
alleged incompetent ) NO. 1578 of 1968
PETITION OF GUARDIAN FOR LEAVE TO SELL REAL ESTATE
TO THE HONOR~ LE, THE JUDGES OF SAID COURT:
The Petitioner, FRANC:IS J. BUCKLEY respectfully represents:
1. On the 17th day of December, 1968, your Honorable Court duly appointed
your Petitioner as Guardian of the Estate of Mary J. Buckley, weak and feeble minded
person, as will appear by reference being had to proceedings at No. 1578 of 1968.
2. Your Petitioner is duly qualified by giving Bond as required by your
Honorable Court.
3. Your Petitioners• ward is the owner in fee simple of a certain parcel of
ground situate in The Third Ward of the Borough of Canonsburg, Washington County, Pa.
more particularly bounded and described as follows, to-wit:
-.
ALL that certain piece or parcel of ground, with the buildings erected thereon,
situate in the Third Ward of the Borough of c;anonsburg, Washington County,
Pennsylvania, b~ing a part of Lot No. 57 and a part of Lot No. 58 in the
George Black Plan of Lots of record in the Recorder's Office of said· Washington
County in Plan Book No. 1, page 97, and more particularly Cfescribed as follows: .. .
BEGINNING at a point on the eastern'line·of Orchard Avenue at ceh~er of Lot N).
57 as shown on said plan of lots, thence along the eastern line of Orchard Avenue
North 10 3/4° West thirty feet to a point, said point being 10 feet North of the
dividing line between Lots Nos. 57 and 58 as shown on roid plan, and corner to
lot lately sold to Mrs. Whittle, thence North 79 1/4° East along line of Mrs.
Whittle lot and running parallel to and 10 feet North of the division line between
Lots Nos. 57 and 58, a distance of 122 feet 4 inches to the West line of an alley,
thence along the West line of said alley South 10 3/4° East thirty feet to a point,
thence South 79 1/4° West 122 feet 4 inches to Orchard Avenue, the place of
beginning.
BEING the same premises conveyed to Mary J. Buckley by Mary L. McMurtrie
and Nettie C. McClelland by Deed dated June I, 1920 recorded June 4, 1920
in the Office of the Recorder of Deeds of Washington County, Pa. in Deed
Book Vol. 480 page 318.
i
4. Your Petitioner is advised that his Ward is now ninety-six ( 96) years
of age, and that it is very doubtful if she will be able, in the future, to again resume the
care and management of her property.
5. The above described lot of ground has erected thereon a two story frame
house. The aforesaid dwelling house is in serious neeed of extensive repairs which wi II
require substantial sums of money to maintain and heat the house.
6. The above described lot of ground is not encumbered by any mortgage
or lien of record.
7. Your Petitioner is of the opinion that it would be to the best interest of
the Ward if the real estate were sold, and her interest therein converted into cash. The
toto I assets of the Ward is more fu fly set forth in the Inventory, a copy of which is hereto
attached and made a part hereof.
8. An offer has been made by HAROLD E. DUNHOFF and o0ELORES E.
DUN HOFF, his wife, to purchase said real estate for the sum of SIX THOUSAND FIVE
HUNDRED and no/100 ( $6,500.00) DOLLARS, payable in cash upon delivery of a Deed;
subject 1 however, to the approval of such sale by your Honorable Court.
9. Your Petitioner has attached hereto a Certificate from the Office of the
Board for the Assessment and Revision of Taxes, showing the assessed value of the real
estate herein described to be TWO THOUSAND SIX HUNDRED SIXTY and no/100 •••••••
DOLLARS, as appears from Exhibit "A'' hereto attached.
10. Your Petitioner has attached hereto Exhibit "B"'beirig an Affidavit by a
competent person acquainted with the value of the real estate and the particular location
where the property hereinabove described is situated, setting forth that in his opinion
the price of SIX THOUSAND FIVE HUNDRED and no/100 ( $6,500.00) DOLLARS for said
property is a good price for the same in its present condition and more could not be secured
at a public sale thereof.
11. Your Petitioner believes that the price offered for said real estate is a fu II
and fair price for the same in its present condition and a better price than could be obtaine
therefor at a public sale.
!
-.
WHEREFORE, your Petitioner prays your Honorable Court to authorize f;.him, as
Guardian of the Estate of Mary J. Buckley, alleged incompetent, to accept the aforesaid
offer of HAROLD E. DUN HOFF and DELORES E. DUN HOFF, his wife, to sell and convey
the real estate, as hereinabove described and to execute, acknowledge and deliver a Deed
for the same for the price of SIX THOUSAND FIVE HUNDRED and no/100 ( $6,500.00)
DOLLARS.
And your Petitioner w i II ever pray, etc •
C0Mf10NWEALTH OF PENNSYLVANIA
COUNTY OF Washington
) ) ss.
)
Before me, the undersigned authority, personally
appeared ____________ F_ra_n_c_is~J~._B_u_c~k~le~y ______________ ___
who being duly sworn according to law, depose5 and
saysthat the facts set forth in the foregoing
Petition is true and correct
to the best of _____ h_is _____ personal knowledge,
information, and belief.
EVELYN C. TELESKO, Notary Public:
Canonsburg, Washington Co., Pa. 15317.
.My Commission Expires March 10 1973, ' '
f
WHEREFORE, your Petitioner prays your Honorable Court to authorize ~)him, as
Guardian of the Estate of Mary J. Buckley, alleged incompetent, to accept the aforesaid .
--
offer of HAROLD E. DUN HOFF and DELORES E. DUN HOFF, his wife, to sell and convey
the real estate, as hereinabove described and to execute, acknowledge and deliver a Deed
for the same for the price of SIX THOUSAND FIVE HUNDRED and no/100 ( $6,500.00}
DOLLARS.
And your Petitioner w iII ever pray, etc •
~~ ~ ,~tJU-1)
-A'ttorney for Petitioner
Assessment Olrrtifirutt
WASHINGTON COUNTY, PENNSYLVANIA
OFFICE OF THE BOARD FOR THE ASSESSMENT AND REVISION OF TAXES
' January 30, 73 Washington, Pa, ________________________________ 19 _______ _
This is to certify that the following is a full, true and correct transcript of the assessment of property
taxable for county purposes, as shown by the books of records in this office, at the above date, for the tax-
year 19 73 , assessed in the district of Canonsburg 3rd Ward
in the name of Buckley, Mary--221 Orchard Ave., Canonsburg, Pa.
2 Sty Fr Hse
Pt Lots 58 & 57 11-6,.;5 --
' DB 480-318
·•,
2,390.
270.
EXHIBIT "A"
2,660.
BOARD FOR THE ASSESSMENT
AND REVISION OF TAXES
BYMerio Lignelli Ag
7~4'~-
(SEAL) 1 Chief Assessor.
I
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS• COURT DIVISION
IN RE:
ESTATE OF MARY J. BUCKLEY,
alleged incompetent
)
(
)
(
) NO. 1578 .of 1968
AFFIDAVIT OF APPRAISER
COMMONWEALTH OF PENNSYLVANIA )±
( SS:
COUNTY OF WASHINGTON
Robert A. Simonin, Appraiser, maintaining a· place. of business in
Canonsburg, Washington County, Pennsylvania, being d~ ly sworn according to law, deposes
and says that he is a real estate appraiser of 14 years experience; that his said real
estate appraisal experience has been extensive, in the course of which he has acquired
considerable amount of experience in the values of real estate in Washington County,
Pennsylvania; that he has carefully s:amined the premises owned by Mary J. Buckley,
alleged incompetent, situate at 221 Orchard Avenue, Canonsburg, Washington County, Pen -
sylvania, and that in his opinion, the price of SIX THOUSAND FIVE HUNDRED and no/100
($6,500.00) DOLLARS offered for the same, is a full and fair price therefore, and
represents its full market value, including the value of the dwelling situated thereon.
Sworn to and subscribed before me
this ..?; day of /~ · ~ 1973.
f;u ~~rk
=-/Notary Public 1
' ./MRGARET A, CAMi'SEl.l, NOTARY PUBliC
GANON~'BURG .• WA~HINGTON CO,, PA.
MY COMM.ISSiON £XP:~:cS }AN. 2!1, 1975
EXHIBIT II B II
{
I
IN THE COURT OF COMMON P_LEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: )
(
) ESTATE OF MARY J. BUCKLEY,
alleged incompetent ( NO. 1578 of 1968
AFFIDAVIT OF APPRAISER
COMMONWEALTH OF PENNSYLVANIA )
( SS:
COUNTY OF WASHINGTON )
JOHN E. CAPOZZI , Appraiser, maintaining a place of business in
, Washington County, Pennsylvania, being duly sworn according
----------------~
to law, deposes and says that he is a real estate appraiser of 20 years experience;
that his said real estate appraisal experience has been extensive, in thecourse of which he
has acquired considerable amount of experience in the_ values .of real estate in Washington
County 1 Pennsylvania; that he has carefully examined the premises owned by Mary J.
Buckley, alleged incompetent, situate at 221 Orchard Avenue, Canonsburg, Washington ' . . ..
County1 Pennsylvania, and that in his opinion, the price of SIX THOUSAND FIVE
HUNDRED and no/100 { $6,500.00) DOLLARS off~red for the same,· is a fulle and fair
price therefore, and represents its fu II marke_t value, including the value of the dwelling
situated ther;eon.
Sworn to and subscribed before me
-.
MIIRGAnET A. CM\?~Hl, NOTARY PUBliC CANON~BUR0:3, WA::J:i:~G'I0!-1 CO., PA.
MY CCMM.ISSi~'JI·~ EX!'!iiES JAN. 29, 197S
Exhibit 11 II
'.
IN THE COURT OF COMMON PLEAS <?F WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
ESTATE OF MARY J. BUCKLEY,
alleged incompetent
0 R D E R
)
(
)
( NO. 1578 of 1968
Hearing n said Petition and consideration of the confirm on of the proposed sale;
notice of said Hearing and of the said proposed sale shall be given by the Petitioner in
accotrdance with the Rules of Court.
~~ '
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IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY, PENNA.
ORPHANS' COURT DIVISION
NO. 1578 of 1968
IN RE:
ESTATE OF MARY J. BUCKLEY,
alleged incompetent
~ ..., '--• ~::::, -.... 1! PETITION/"j<{~ §UARD't,i(N E.QR
LEAVE TEf S-EJ-01.! ~REAL ~TATE.
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MICHAEL E. KUSTURISS
ATTORNEY AT LAW
12 NORTH JEFFERSON AVENUE~
CANON(U; ~N~Y211~ 15~
'-.__ ('
......).
. .
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
ESTATE OF MARY J. BUCKLEY,
alleged incompetent
DECREE OF COURT:
)
(
)
'.
( NO. 1578 of 1968
AND NOW, this) j day of {£;#-· , 1973, the foregoing Petition being
presented to the Court, upon consideration of the facts therein set forth, the Court being of
the opinion that it wi II be to the interest and advantage of Mary J. Buckley, alleged
incompetent·, that her interest in the rettl estate described in the foregoing Petition be sold;
and the Court being of the opinion that under the circumstances, the price offered theFefor
is a better price than can be obtained at public sale, and that the sale may be made without
prejudice to any trust, charity, or purpose for which the said real estate is held, and without
the violation of any law which may confer an immunity or exemption from sale or
alienation, IT IS ORDERED, ADJUDGED AND DECREED that the prayer of the Petitioner
b:e granted, and that FRANCIS J. BUCKLEY, Guardian of the Estate of Mary J. Buckley,
alleged incompetent, be and hereby is authorized and empowered to make a .proper Deed
conveying the interest of his ward in the real estate described in the foregoing Petition
at private sale for the sum ~f)SJX THOUSAND FIVE HUNDRED and no/100 ( $6,500.00)
DOLLARS in cash to HAROLD E. DUNHOFF and DELORES E. DUN HOFF, his wife, their
heirs and ass~he sa.id Guar~ian filing his ow~ Bo~d in the sum of 7f"tJ77 ·
DOLLARS ( $ ) wh 1 ch Bond 1s to be approved .:: .. :"' :,
BY THE CO
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IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY, PA.'.
ORPHANS• COURT DIVISION
NO. 1578 of 1968
IN RE:
EST ATE OF MARY J. BUCK LEY,
alleged incompetent
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MICHAEL E. KUSTURISS
ATTORNEY AT LAW
CANONSBURG, PENNSYLVANI
il 'l.1-'/{l_
~
--------------
IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE: )
(
) ESTATE OF MARY J. BUCKLEY,
an alleged incompetent ( NO. 1578 of 1968
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
( SS:
COUNTY OF WASHINGTON )
Personally appeared before me, the undersigned authority, PATSY
PIT~A~ELLA, who, being duly sworn according to law:, deposes and says that he is a:
duly appointed and acting Deputy Constable in and: for the Borough of Canonsburg,
Washington County, Pennsylvania; that he did serve a 'copy of the Petition for the
Appointment of a Guardian for an Alleged Incompetent, a copy of the Citation as
, I
awarded along with a written notice of the time and place of hearing, on Mary J.
Buckley, an alleged incompet.ent, at The McMurray Hills Manor, Inc., McMurray, Po.
on December 17 , 1968, at 10: 40 o'clock A.M., by handing to her the
said attested copy of the Citation and Petition and making known to her the contents
thereof; the said Mary J. Buckley, an alleged incompetent, being made known to him
by Mary J. Buckley, and others.
Sworn to and subscribed before me
this 18th~ day of December, 1968.
/~ ~ ·s~~~
EVELYN, C. TELESKO, Notary Public
CANONSBURG. WASHINGTON CO., PA ..
My Commission expires Mar. 10, 1969
J
. '
~-
-~ /
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--~
In the Ot1ph:ans· Court of Washington
County, Pennsylvania
No. 1578 of 1968
IN RE:
ESTATE OF MARY J. BUCKLEY, .~.
a!1 alleged incompetent :..
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CANONSBURG, PA.
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IN THE COURT OF COMN'ON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE:
ORPHANs• COURT DIVISION
)
(
) ESTATE OF MARY J. BUCKLEY,
alleged incompetent ) NO. 1578 of 1968
JOINDER
AND NOW; thisd-Mday of February ,. 19731 we the under-
signed Childref\of Mary J. Buckley do hereby acknowledge to have received a copy of
the within Petition of Guardian for Leave to Se II Real Estate for Mary J. Buckley 1
alleged incompetent 1 and .join in a prayer thereof.
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