HomeMy WebLinkAboutOC1969-0069 - ESTATE OF TAKACHIN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE:
PETITION FOR THE APPOINTMENT
OF GUARDIAN FOR SUSIE TAKACH,
a/k/a ZUZI TAKACH, a/k/a
SUSIE TAKACS, a/k/a ZUZI
TAKACS, a/k/a ZUKI TAKACS,"
an alleged incompetent.
PETITION-FOR APPOINTMENT OF GUARDIAN
TO THE HONORABLE, P. V. MARINO, PRESIDENT JUDGE OF SAID COURT:
The Petition of John A. Takach respectfully represents:
1. That your Petitioner is the son of Susie Takach,
a/k/a Zuzi Takach, a/k/a Susie Takacs, a/k/a Zuzi Takacs, a/k/a
Zuki Takacs, and resides at 430 Murray Avenue in the Borough of
Donora, Washington County, Pennsylvania.
2. That the said Susie Takach is seventy-four years
of age. Her home is at 436 Murray Avenue in the Borough of
Donora, Washington County, Pennsylvania, but she is presently
residing with her daughter, Susan Stimak at 424 Fourth Street,
Donora, Pennsylvania.
3. That the above alleged incompetent because of
mental infirmities of old age, hardening of the arteries and
mental illness is unable to manage her property and liable to
dissipate it or become the victim of designing persons.
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4. Your Petitioner is also the Executor of the Estate
of Andrew Takach, the late husband of the alleged weak-minded
person. This estate is filed in the Register of Wills Office of
Washington County, Pennsylvania, at No. 63-68-1180.
5. The following is the Estate of the alleged weak-
minded person to the best of your Petitioner;s information, know-
ledge and belief:
A. Real Estate located in the Borough of Donora,
Washington County, Pennsylvania, which was held as tenants by the
entireties by the alleged incompetent and her late husband, who
died on August 28, 1968:
(1) Lot 27 in Block 17 of the Union Improve
ment Company's Plan and as more particularly described
in Deed Book Vol. 844, Page 537, upon which is con-
structed a two-story frame house. The estimated value
is approximately $4,000.00.
(2) Lot 24 in Block 17 of the Union Improve
ment Company's Plan and as more particularly described
in Deed Book Vol. 843, Page 212, upon which is con•
structed a cement block~rage. The estimated value is
approximately $1,500.00.
(3) Part of Lots 22 and 23 in Block 27 of
the Union Improvement Company's Plan and as more par-
ticularly described in Deed Book Vol. 526, Page 684,
upon which is constructed a two-story frame house.
The estimated value is approximately $6,000.00.
B. The following savings accounts which were
jointly held by the late Andrew Takach and the alleged incompeten ,
with the balances as of January 2, 1969:
(1) Mellon National Bank and Trust
Company Savings Account No. 65-5540, the balance of
which is $9,177.43;
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(2) Charleroi Federal Savings and Loan
Association Savings Account No. 4960, the balance
of which is $3,636.76;
(3) First Federal Savings and Loan Associa-
tion Savings Account No. S-2704, the balance of which
is $3,509.26.
C. A Life Estate in the residue of the Estate
of Andrew Takach, as set forth in Paragraph Five of his Will, a
copy of which is hereto attached and marked Exhibit A, together
with a copy of the Inventory and Appraisement, which is marked
as Exhibit B. The estimated value of which after administrative
expenses and taxes are deducted is $30,000.00.
D. A monthly income from Social Security,
amounting to $111.00.
6. The following are the living sons and daughters of
the alleged incompetent and are the closest kin:
John A. Takach, 430 Murray Avenue, Donora, Pennsylvania 15033;
Thomas Takach, Fourth Avenue, Monongahela, Pennsylvania 15063;
Susan Stimak, 424 Fourth Street, Donora, Pennsylvania 15033;
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Anna Sabol, 18320 Hart Street, Reseda, California.
7. The proposed Guardian is the Pittsburgh National
Bank whose officer has indicated to your Petitioner's attorney
that the Bank would accept said Guardianship.
8. No other Court has ever assumed jurisdiction in
any proceedings to determine the competency of the alleged in-
competent.
9. The alleged incompetent has no Guardian of her
estate or person.
WHEREFORE, your Petitioner prays your Honorable Court
to order a Citation issued directed to the alleged incompetent
with notice thereof to the next of kin to show cause why she
should not be adjudged an incompetent and a Guardian of her
Estate be appointed.
jl Petitioner
JOINDER
I, SUSAN STIMAK, daughter of the above named Susie
Takach, a/k/a Zuzi Takach , a/k/a Susie Takacs, a/k/a Zuzi Takacs
a/k/a Zuki Takacs, do hereby join in this petition.
STATE OF PENNSYLVANIA )
) ss:
COUNTY OF WASHINGTON )
Personally before me, the undersigned authority,
appeared JOHN A. TAKACH, who, being duly sworn according to law,
deposes and says that he is the petitioner within named, and
that the facts set forth in the foregoing petition are true and
correct to the best of his knowledge, information and belief.
Sworn to and subscribed before
me this 1/f~ day of January,
A. D., 1969.
J, ~.~n.o Not~blic~~
GtADYS C. C.H,RISTOPHER, Notary Public
My commission expires: Do.nora, Washi.ngton Cou~ty, Pa. My C.Omm1ssion Exploes
February 1, 1969
lltt IDI1r ®q.tl1tttt.a' atourt of llaEqingtnu Qlnunty, Jrnuayluuuia
IN· RE: { {
ESTATE OF ) )
' SUSIE TAKACH, aka ( _, (
ZUZI TAKACH aka ) {1j ~ t t ~ ) NO. 69 of 1969
i SUSIE TAKACS, aka { .\!lt t . a . to tt (
ZUZI TAKACS, aka ) · )
ZUKI TAKACS 1 an all~ed .~ncomnetent. (
Q.tnmmonmrultq of ~rnnnyluuniu l as:
<nnunty nf llusqiugtou . J
To: SUSIE TAKACH, aka ZUZI TAKACH, aka SUSIE TAKACS,
aka ZUZI TAKACS, aka ZUKI TAKACS,
Sur Petition of: JOHN A, TAKACH
~rrrtiug:
-SUSIE TAKACH, aka ZUZI TAY~CH, ~~a SUSIE
liP Qtoutttttttt(llJoU, TAKACS, aka ZIIZI TAKACS, e1's ZUKI TC\HACS,
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 avermen~s of the said
petition, on or before Thursday , the 27th day of _ _...F~e~b~r.ld.u~ar.~....,yil--_ _:.._
19 69 , at 10:00 o'clock_!_. M., and show cause why the said Susie
TAKACH, aka ZUZI TAKACH, aka SUSIE TAKACS, aka ZUZI TAKACS, aka
ZUKI TAKACS, should not be adjudged 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 20th day of January , 19 69.
~/z;~_;;
'Cl8I'k0fthe Orphans' Court
~BA_R~1~~A __ A=N_D~BA_R~N~A~ _______ Esq.
AttorneySfor Petitioner.
Seventh & McKean Ave.,
(Seal) DONORA, PENNA.
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PRELIMINARY DECREE
AND NOW, January~' 1969, upon consideration of
the annexed petition, it is ORDERED AND DECREED that a Citation
be awarded, directed to Susie Takach, a/k/a Zuzi Takach, a/k/a
Susie Takacs, a/k/a Zuzi Takacs, a/k/a Zuki Takacs, to show cause
why she should not be adjudged an incompetent and a g~ian of
her estate appointed; hearing to be held on the ~~y of
February, 1969, at 10:00 o'clock, A. M.
At leasttwenty days notice of the hearing shall be
given to Susie Takach, a/k/a Zuzi Takach, a/k/a Susie Takacs,
a/k/a Zuzi Takacs, a/k/a Zuki Takacs, the alleged incompetent,
by personal service of a copy of said petition and Citation, and
by service of notice upon the next of kin who are sui juris, by
Certified Mail.
BY THE COURT < ......,
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,. PENNA~.~.t ·:, •. T
ORPHANS' COURT DIVISION
IN RE:
ESTATE OF
SUSIE TAKACH., a/k/a
zuzi TAKACH., a/k/a
SUSIE TAKACS, a/k/a
ZUZI TAKACS., a/k/a
ZUKI TAKACS.,
an alleged incompetent.
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No. 69 of 1969
D E C R E E
AND NOW,~ February__£., 1969., upon consideration of the
annexed petition and after a hearing held following due notice, it is
ORDERED AND DECREED that
Susie Takach, a/k/a Zuzi Takach, a/k/a Susie Takacs, a/k/a
Zuzi Takacs., a/k/a Zuld Takacs., ~s adjudged an incompetent.
Pittsburgh National Bank is appointed Guardian of the Estate of
Susie Takach, a/k/a Zuzi Takach., a/k/a Susie Takacs, a/k/a Zuzi Takacs,
a/k/a Zuki Takacs,~ an incompetent.
The said Guardian is directed to file ari inventory in accordance
with the provisions of Section 402 of the Incompetents' Estates Act of 19551
as amended.
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TO THE HONORABLE JUDGE WITHIN NAMED:
·~
I hereby certify and return that on TUESDAY the
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21st day or JANUARY
at 12:05 P -r\1:., I served the within CIT AT ION AND PETIT ION
1969
· _th.e wi.tllin named defel}9.al}t SUS IE TAKACH, A/K/ A ZUZ I TAKACH, A/K/ A SUS IE TAKACS A/K/~P~UZI TAKACS, AtKtA. ZUKI TAKACS, AN ALLEGED INCOMPETENT
/ by handing to HER personally at_ HER RESIDENCE t
424 FOURTH STREET, DONORA,
Washington County, Pennsylvania, a true and attested copy of the within CITATION AND PETIT ION
and making known to HER the contents thereof.
COMPLAINT IN
No.
INVOICE NO.
SHERIFF'S COSTS $
DOCKET NU.
So answers
TERM, 19
, PAGE
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3Ju IDI1r ®rpqattnf @nurt n( Dflanqiugtnu Olnuuty, Jruuaylnttttitt
IN RE: ( (
ESTAT.E OF ) )
SUSIE TAKACH, aka ( (
ZUZI ·TAKACH, aka ) /11i it tttt• n M) NO. 69 of 1969 SUSIE TAKACS, aka ( ~ ~ ~ 4~( ZUZI TAKACS, aka ) )
ZUKI TA~~CS~ an allegeq_Jncompetent. (
. (llumntnttturalt~ nf Jrnunyluanht } !Hi:
<nnunty nf lfa.u~ingtou
To: SUSIE TAKACH, aka ZUZI TAKACH, aka SUSIE TAKACS,
aka ZUZI TAKACS, aka ZUKI TAKACS,
Sur Petition of: JOHN A, TAKACH
-· . SUSIE TAKACH, aka ZUZI TAYillCH, ~~a SUSIE llr Qtnmntttttb 'YJOU, TAKACS, aka ZIIZI TAKA.CS, aka :~niCI TAH:ACS,
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 Thursday , the 27th day of _ _...F_,e.....,b..._r ..... u,...a ......,ryrJ----
1969, at 10:00 o'clock__!_. M., and show cause why the said Susie
TAKACH, aka ZUZI TAKACH, aka SUSIE TAKACS, aka ZUZI TAKACS, aka
ZUKI TAKACS, should not be adjudged 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
January 19 69.
_B~A=R~N=A~A=N~D-=BA=R=N=A~ _______ Esq.
AttorneySfor Petitioner. Seventh & McKean Ave.,
(Seal) DONORA, PENNA.
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69 of 1969
ESTATE OF:
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IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE:
PETITION FOR THE APPOINTMENT
OF GUARDIAN FOR SUSIE TAKACH,
a/k/a ZUZI TAKACH, a/k/a
SUSIE TAKACS, a/k/a ZUZI
TAKACS, a/k/a ZUKI TAKACS,
an alleged incompetent.
)
)
)
)
)NO. 69 OF 1969
)
)
)
JOINDER OF PETITION
FOR APPOINTMENT OF GUARDIAN
TO THE HONORABLE P. V. MARINO, PRESIDENT JUDGE:
The Petition of Thomas Takach respectfully represents:
1. That your Petitioner is the son of Susie Takach,
a/k/a Zuzi Takach, a/k/a Susie Takacs, a/k/a Zuzi Takacs, a/k/a
Zuki Takacs, and resides at Fourth Avenue in the City of Mononga-
bela, Washington County, Pennsylvania.
2. That a Petition for the Appointment of a Guardia
for Susie Takach was filed at No. 69 of 1969 in the above Court.
3. That your Petitioner wishes to join in this
Petition at this time.
Witness: ~~
-r_. _, ... -_..._.
IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE: )
)
PETITION FOR THE APPOINTMENT OF )
GUARDIAN FOR SUSIE TAKACH, a/k/a )
ZUZI TAKACH, a/k/a SUSIE TAKACS, )
a/k/a SUSIE TAKACS, a/k/a ZUZI )
TAKACS, a/k/a ZUKI TAKACS, an )
alleged incompetent. )
ACCEPTANCE OF GUARDIANSHIP
PITTSBURGH NATIONAL BANK, if appointed Guardian for the
above named incompetent, Susie Takach, a/k/a Zuzi Takach, a/k/a
Susie Takacs, a/k/a Susie Takacs, a/k/a Zuzi Takacs, a/k/a Zuki
Takacs, would accept the said guardianship and requests that this
acceptance be rnBde a part of the records in the above estate.
Dated this :<o..J. day of h , 1969.
Trust Officer
Pittsburgh National Bank
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IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE: )
)
PETITION FOR THE APPOINTMENl' OF )
~ GUARDIAN FOR SUSIE TAKACH, a/k/a )
ZUZI TAKACH, a/k/a SUSIE TAKACS, ) NO. 69 OF 1969
a/k/a SUSIE TAKACS, a/k/a ZUZI )
TAKACS, a/k/a ZUKI TAKACS, an )
alleged incompetent. )
AFFIDAVIT OF SERVICE OF NOTICE OF INCOMPETENCY HEARING
PERSONALLY before me, the undersigned authority, appeared
JOANN P. GIANNAMORE, who, being duly sworn according to law, de-
poses and says that she is employed in the law offices of Barna
and Barna, Attorneys for Petitioner.
That on the 23rd day of January, 1969, she did deliver for
mailing at the United States Post Office as ucertified Mailn, a
notice of the date, time and place of the hearing pertaining to
the incompetency of Susie Takach, a/k/a Zuzi Takach, a/k/a Susie
Takacs, a/k/a Susie Takacs, a/k/a Zuzi Takacs, and a/k/a Zuki
I Takacs, a copy of which notice is hereto attached and made a part
hereof and marked Exhibit "A'·'.
Deponent further says that on the 23rd day of January, 1969,
she did receive the receipts for Certified Articles Nos. 820036,
820037, 820038 and 820039, and thereafter was returned by the
United States Post Office, return receipt cards, duly receipted by
John Takach, Mrs. Anna Sabol, Susan Stimak and Thomas A. Takach,
respectively. Said return receipt cards and receipts are hereto
attached as Exhibit "B" and made a part hereof.
Sworn to and subscribed before __ (/·":"". ?F-. .;;.~-~--.:..r<_ ... ~_..;;.;;..~~~;..;....;;;;....;;;;.._ __
me this 17th day of February,
1969. g 1 · ,, /n .& //' IC t( .::( 4 ) U-7.-<-t:r . ..,. / . ~ ·Notary Public
My commission expires:
sr~r dH lA l!O~I ~cv, Nutary Publlo Co;~~ra, Wa31H.ngton Caunty, Pa.
My Comm1sslon Explres
Jan. 29, 1~73
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PAo.ULN ......_ ...
PAUL N. BAo.RI ..... ,Jil.
REGISTERED i',IAIL
J)ARNA AND J3ARNA
ATTORNEYS AT LAW
SEVENTH 8. McKEAN AVENUE
DoNoRA, PENNSYLVANIA u~o:13
January 20, 1969
Return Receipt Requested
TELI!:~•tnrr:
371t ;,aoo
A petition for thP. a6nnintment of a guardian of your mother
was filed with the Orphan~' Court this aftprnoon; and February 27, 196q,
at 10:00 o'clock, a.m., was the date and time set for a hearing in the
Orphans' Court room at the Washington County Court fiouse in Washington,
Pennsylvania. If you wish to attend you r:~ay. However, it is not neces-
sary unless you wish to object to such a~ipointment.
The )Jrirnary reason for this appointment is that at the
settlement of 'JOUr father's est<>te, it will he necessary to have so.I'1e
competent legal authority over his. assP.ts. As all of you a0reed wi.th
the exception of Anna, whom I never met, your ntother cannot handle her
own affairs. The Pittshur1Jh National Rank has aarced to act as her
guardian. We have selected them as the c~urt would not arpoint a livin~
relative who had an interest in your father's estate as sucl1 guardian.
If you have any c;uestions on this matter, please do not
hesitate to contact me.
Sincerely yours,
RAf~'lA AND R.I\:,NA
Paul N. Barna, Jr.
PNBjr:sn
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INSTRQ1t:CT ONS TO DELIVERING EMPLOYEE
how to whom, date, and 0 Deliver ONLY address where delivered to addressee
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RECEIPT
Received the numbered article described below.
REGISTERED NO. SIGNATURE OR NAME OF ADDRESSEE (Must always be filled ill)
oSS-16-71548-10 GPO
INSTRUCTIONS TO DELIVERiNG EMPLOYEE
Show to whom, date, and 0 Deliver ONLY G2t' address where delivered to address~e
(Additional charges required for these servtces)
RECEIPT ..
Received the numbered article described below.
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REGISTERED NO,
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RECEIPT FOR CERTIFIED MAIL-30¢
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EXTRA SERVICES FOR ADDITIONAL FEES Return Receipt Deliver to Shows to whom Shows to whom, Addressee On
and date date, and where
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10¢ fee ~ 35¢ fee
POSTMARK
OR DATE
POD Form 3800 NO INSURANCE COVERAGE PROVIDED-(See other side) Mar. 1966 NOT FOR INTERNATIONAL MAIL ·
RECEIPT FOR 'CERTIFIED MAIL-30¢
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EXHIBIT ttBtt
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: )
)
ESTATE OF SUSIE TAKACH, a/k/a )
ZUZI TAKACH, a/k/a SUSIE TAKACS, )
a/k/a ZUZI TAKACS, a/k/a ZUKI )
TAKACS, an alleged incompetent. )
0 R DE R -----
NO. 69 OF 1969
. AND NOW, April :{J, 1969, upon consideration of the hearing
I held on February 27, 1969, at which the members of the immediate
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family testified, it is ORDERED AND DECREED as follows:
1. Susie Takach, a/k/a Zuzi Takach, a/k/a Susie Takacs,
a/k/a Zuzi~Takacs, a/k/a Zuki Takacs, shall continue to reside
with and receive personal care from her daughter, Susan Stimak,
of 424 Fourth Street, Donora, Pennsylvania;
2. That the Pittsburgh National Bank, guardian of the
above incompetent, is hereby authorized and empowered to pay to
Susan Stimak the sum of $ oZ-1'-0 .. ~ per month for room, board,
laundry, personal care and attention, from the time of the appoint
ment of the said guardian and in the future as long as the conditi n
of the alleged incompetent remains the same. This amount is in
addition to the monthly Social Security benefits that the said
Susan Stimak is presently receiving on behalf of the said incom-
petent.
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!I 3. Further, the said guardian is authorized to expend an~
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pay to Susan Stimak the sum of for room, board and ii
personal care and attention that she provided the said alleged in-j
competent for the month of February, 1969, for which she was not
reimbursed.
BY
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: )
)
ESTATE OF SUSIE TAKACH, a/k/ a ) I Q A Jj 9'r{, J
ZUZI TAKACH, a/k/ a SUSIE TAKACS, ) (0 I ~ / r
a/k/a ZUZI TAKACS, a/k/a ZUKI )
TAKACS, an incompetent. )
PETITION FOR LEAVE TO PURCHASE EQUIPMENT
TO THE HONORABLE, P. V. MARINO, PRESIDENT JUDGE OF SAID COURT:
The Petition of Pittsburgh National Bank respectfully represents:
1. That your petitioner was appointed guardian in the
Estate of Susie Takach et alius, an incompetent, by Decree of this
Court on February 28, 1969.
2. That on April 23, 1969, this Court made an order
authorizing your guardian .to pay Susan S timak, the incompetent's
daughter with whom the incompetent is residing, the sum of $240.00
per month for room and board.
3. That the said Susan Stimak has requested the guardian
to purchase an air conditioner for the use of the incompetent and
which is to be installed in the incompetent's room. A copy of the
quote for the air conditioner in the amount of $284.24 from the
Dawn Supply, Inc., is hereto attached.
WHEREFORE, petitioner prays your Honorable Court for leave
to pay to Susan Stimak the sum of $284.24 out of income and
principal for the purchase of the said air conditioner.
Guardian of the Estate of Susie Takach
PITTSBURGH NATIONAL BANK
By __ ~~~~"'"""':'~____;._~----
Trust Officer
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF yV ~S ff-J N G-10 N' )
~1<1. c-~...,..,_ being duly sworn according to law
deposes and says that he is a trust officer of the Pittsburgh
National Bank, guardian of the above named, Susie Takach, and
that the facts set forth in the foregoing petition, are within
the personal knowledge of the deponent, and are true as to facts
based on the information of others, the deponent, after diligent
inquiry, believes them to be true.
Sworn to and subscribed before
me this 18th day of August,
A.D., 1969.
MAE HERCEG
My commission expires : Notary 'Public, washington, Washington Od.
.MY Commission Expires June 28, 1971
(SEAL)
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DAWN SUPPLY INC.
WHOLESALE DISTRIBUTOR
PLUMBING & HEATING SUPPLIES
609 MELDON A VENUE DONORA, PENNA. 15033
Mrs. Susan Stimack
424 Fourth StrPet
Donora, Pa. 15033
379-7330 AREA CODE 412
June 30, 1969
Quote on l -l4Jl S~E 115 Volt Window Air Cond. 26i" Wide X 27~ D X 17~ H
Sales Tax
268.15
16.09
284.24
SUPPLY INC.
Louis S. Bauer
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: )
)
ESTATE OF SUSIE TAKACH, a/k/a )
ZUZI TAKACH, a/k/a SUSIE TAKACS, )
a/k/a ZUZI TAKACS, a/k/a ZUKI )
TAKACS, an incompetent. )
ORDER OF COURT
AND NOW, this ..{7~ay of August, 1969, upon
consideration of the within Petition, it is ORDERED AND DECREED
that the Pittsburgh National Bank, guardian of the above incompe-
tent, is hereby authorized and empowered to pay Susan Stimak the
STATE OF PENNSYLVANIA, ~
SS:
COUNTY OF WASHINGTON,
Personally appeared before me the undersigned authority
.. ~.~~~ .. ~ .... ~.~ .... ~~.~.?.~.? .... ~~.~.~.~.~.~.~~ .... Y.~.:.~ .... ~~.=~.~~=~~ ... ~.~ .... ~~.~.~.~.~.~~.~.~ ... ~~~.~~~~~ ... ~~~~ ......................................................... .
guardian of the estate
Zuzi Takacs a/k/a Zuki Takacs, an incompetent ................................... J .................................................................................................................................................................................................................................... .
minor , 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
PITTSBURGH NATIONAL BANK
......... ~Y. ........ ~.~ ............................. . Assistant Vice President
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Personalty
First Federal Sav~ng.s and Loan Association of Monessen-.. Balance
on Deposit in-Sav;Cng-s Account No. S-2704
c.
Mellon National Bank and Trust Company--Balance on Deposit in
Savings Account No 65-5540 at Donora Office
Charleroi Federal-Savings and Loan Association--Balance on
Deposit in Savings ~ccount No. 4960
John A. Stimak, Executor·•Family Exemption due Ward from Estate
of Andrew Takach, deceased
Harry Ruey Agency••Return Premium Account cancellation of
Homeowners Insurance Policy on 436 Murray Avenue Property
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Total Personalty
Dollars
$ 3,509 26
9,177 43
3,636 76
1,000 00
21 00
$17,344 45
Cents
Statement of Real Estate I
Lot 27 in Block 17 of the Union Improvement Company's Plan in ,r---------~---------·the Borough of Donora, Washington County, Pennsylvania, and as
more particularly described in Deed Book Vol. 844, Page 537, r------1------
upon which is constructed a two-story frame house, and known --------------+----a~s~4~1~8~M~u-r_r_a_y~A~v-e_n_u_e_,~D~o-n_o_r-~-.~P~e-n_n_s_y~l~v-a-n~i~a--------~----------~~~----------~-----------
Lot 24 in Block 17 of the Union Improvement Company's Plan in
the Borough of Donora. Washington County. Pennsylvania, and as
more particularly described in Deed Book Vol. 843, Page 212,
upon which is constructed a cement block garage. and known as
432 Murray Avenue, Donora, Pennsylvania
Part of Lots 22 and 23 in Block 27 of the Union Improvement
Company's Plan in the Borough of Donora, Washington County,
Pennsylvania, and as more particularly described in Deed Book
Vol. 526 Page 684 uoon which is constructed a two-story
frame house, and known as 436 Murray Avenue, Donora,
Pennsvlvania
NOTE-If real estate, give street and number, Ward of City, Borough or Township, and
·County, and reference to Deed, Mortgage, Vo.Jume and Page.
If cash in 'bank, give name of same.
r---------r----------
"-
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N : -• 69 of ; ' [ o~···········~·······················j···········~···········J•···········,·······' i9 69 ............
· In Re Estate
of
Susie Takach a/k/a Zuzi Takach ............................................ ?. •••••••••• ~ ............................................. ~ ••••••
a/k/a Susie Takacs, a/k/a Zuzi Takacs,
........ ?:l..kL.~ ... ~M.k.i-.... '!'.{t.k{t.~.~ . .\ .... {}J~ •• ~i-.u~.!?.mP.~t~P.!. .. ·
. ;
co ~-.. ~ r--... 0 o....__J ..., CJ (/)
; I I ..._ . ;; .: -./[ ~GUAR'=DIAN!s
' -----.:1 . ~ • ::: t::-. . . IN·VENT:ORY.::!~AND
';j t ... C.: • ·..t._' . -·+1~ . STA'!J"EME•NT . c..i 0:: :.';:1
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Fee$ ....... : ....................... ; ... .
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Minors .
Filed ........................................................................ , 19 .......... ..
.................................. ~.?.::~.?. .... ?.~.~ ... ~.~.:.~~ ..... ~_ ............ .
/ ), ')-~j.,f t-\ _rney.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY. PA.
ORPHANS' COURT DIVISION
IN RE:
ESTATE OF SUSIE TAKACH, a/k/a
ZUZI TAKACH, a/k/a
)
)
)
)
)
)
)
)
)
SUSIE TAKACS, a/k/a
~ ZUZI TAKACS, a/k/a
~ ZUKI TAKACS,
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~ an alleged incompetent.
II.
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No. 6 9 of 196 9
; HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN
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..: BEFORE:
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THE HONORABLE P. VINCENT MARINO,
President Judge of the said Court.
PAULN. BARNA, ESQ .• ofDonora, Penna .•
representing the Petitioner.
Thursday. February 27, 1969, at 10:00 o'clock
A. M .• EST.
..
I N D E X
WITNESS Direct
e DR. HERBERT J. LEVIN 3
::;
< JOHN TAKACH 8
> .J >-SUSAN STIMAK 15 1.'1 ;:: a I:.
i THOMAS ANDREW TAKACH 21
0 1-0 AGNES TAKACH 35 z ... iii o( := JOHN TAKACH (Recalled) 40
.,.: ll ii: PA ULINE TAKACH 45
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..1 SUSAN STIMAK (Recalled) 46. o(
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THE COUR'T: Mr. Barna?
MR. BARNA: Your Honor, this is the time set by the Court for
hearing on the estate of Susie Takach at Number 69 of 1969. A Citatipn
was issued whether or not she should be adjudged an incompetent
e and a guardian appointed for her. estate. The Sheriff of Washington
~ z County served the incompetent at the residence of her daughter, Sus ~n
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)o Ill Stimak, at 424 Fourth Street in Donora. Our office sent notices to
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i the fru r children, but I forgot my Affidavit. It got mixed up in the
0 1-CJ ; father's estate file but I will present it to the Court tomorrow.
l: Ill < ~ THE COURT: Very well.
t-= u a: 1-MR. BARNA: We have Dr. Levin in Court right now, Your Honor.
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the attending physician. So I was hoping we could take him out of
c ..., ..., turn and let him leave and attend to his duties in Donora .
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"" I" THE COURT: Sure, you may ~all the doctor first.
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4.
l> iL II. DIRECT EXAMINATION BY MR. BARNA:
0 • Q Doctor. what is your name please?
A Herbert J. Levin.
Q Are you a licensed physician in the Commonwealth of Pennsylvania
A lam.
Q And do you practice medicine in the Borough of Donora?
A Yes. I do.
4
Q Haveyou attended Susie Takach, the widow of Andrew Takach?
A Yes.
Q Doctor, this is a hearing to determine whether or not Mrs. Takach
should be adjudged an incompetent. Could you tell us how long that
you have been attending her?
A For the past 15 years.
Q And could you tell the Court her physical condition at this time?
A Her physical condition is fairly good, taking into account her age.
Q She is 74 years of age, isn't she?
A She is.
Q Is she afflicted with any physical ailment or is she suffering with
any ailment?
A No, nothing as far as her physica~ condHI6n""is concerned, except
that she has marked hardming of the arteries, which afflicts all
parts of her body, but particularly the brain.
Q Do you have an opinion as to her mental condition?
A She is confused. She has marked loss of memory. She is unable
to watch television or read a newspaper; she is unable to converse i!
intelligently for any length of time. She is unable to discuss in-
telligently any financial matters. ,; ·
Q She is not violent though with her affliction, is she?
A No.
Q Is she able to walk around now, do you know?
A Yes.
Dr. Lev.in
5
Q But with difficulty?
A She manages very well, I should say.
Q In your opinion, does she have the mental capacity to manage her owP,
money affairs ?
e A She does not .
!! Q Or her property?
z < > .J )o A No, she does not.
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i 0 1-0 z A She could, easily.
:: til < ~ Q Your Honor, I think I covered the basic elements here, unless you
...: u ii: wish to examine 'the doctor any further.
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Q Doctor, is her confusion, loss of memory and the other matters
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. .J ~ ') ;ii: A Of the brain.
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Q Now a person of her age, approximately 74 years, what would the • prognosis be in this matter?
A We anticipate no improvement. And we expect that the condition
will gradually deteriorate.
Q Do you feel definitely at the present that she cannot mana;ge her
own financial affairs ?
Dr. Levin
6
A I do.
Q And that she might become the victim of designing individuals if
she is permitted to handle p.er own finances?
A Yes . • Q During your care of this person, you say you have treated her for
~ z 15 years. What was she suffering from during the initial period
< > .J > Ul z when you treated her?
z Ill . II. A i It's a rather confusing picture. At that time she had a mental
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' disturbance with confusion and vari'ous symptoms which would sugge3t
X :n < ~ a mental disease. But she continued to be useful. She conducted
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her household duties well, she took care of the home, she cooked .,
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and created no problem. But as she got older, the symptoms of
5
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l: Ill l-Q It How long has it been since she has been in that situation, in other
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1-words, more difficult?
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i;;: Q II. is she at home?
0 • A She is at present in the home of her daughter, Mrs. Stimak .
Q Doctor, would it be of any benefit for her to be here today at this
hearing?
A She would not understand what is going on; she would add nothing
to the solution of the problem.
Q I think that's all the Court has.
7
MR. BARNA: Just a moment; one other question, doctor. In
her condition, is she receiving ample care or satisfactory care in th
home of Mrs. Stimak?
A Very good.
MR. BARNA: It wouldn't be necessary to have her placed in an
institution?
A It would be much worse for her.
MR. BARNA: That's all.
THE COURT: The doctor is excused. Thank you.
MR. BARNA: Your Honor, in the Petition Sw;;an Stimak joined
with the executor, John Takach, and I also have a separate jpinder
of Thomas Takach, the one other brother who is a resident of
Pennsylvania, which I will present to the Court.
THE COURT: We will order same filed.
MR . -BAR' NA: If the Court finds that it is necessary to appoint
a g:rnrdian, we have an Acceptance of Guardianship by the Pittsburg!:
National Bank for the Court.
THE COURT: Very well. Do you have some other witnesses?
MR. BARNA: Yes, Your Honor.
John Takach
8
JOHN TAKACH IS CALLED AND SWORN.
DIRECT EXAMINATION BY MR. BARNA:
Q What is your name please?
A John Takach . • Q Where doyou live, John?
~ A z 430 Murray A VBnue, Donora.
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VI Are you the son of Susan and Andy Takach?
z z Ill D. A z Yes, I am.
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Cl Q ; Areyou also the executor of the estate of your father, Andrew
:z: Ill ~ ~ Takach?
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He died on August 28 of 1968, didn't he?
c A ~ Yes, he did.
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" Q Where did your mother and father reside?
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436 Murray Avenue, right nextdoor to my home .
C• D. Ill a: Q ... And how old is your mother?
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Where is she presently residing?
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Q • With my sister su·san Stimak and her husband .
Is that at 424 Fourth Street in Donora, Pa.?
A Yes.
Q Now in our Petition we allege that your mother has been ill for
some time. Can you tell the Court approximately when she became
ill or afflicted with any mental problems?
•
John Takach
A She's been ill for, I imagine the past ten years at least. And today
Q
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she doesn't remember anything. · She doesn't recognize us.
·was she taking care of your father's house until how long was she
able to do that ?
Until last,-maybe couple years.
And then who took care of the house after that?
Well, my dad took care of it while he lived, then my sister had
helped out.
That is your sister Susan.
Yes.
Now your sister, did she .also live nearby?
I
She lived about a block away. l
Now after your dad became ill, did your mother continue to reside i ·
his house or---
She continued to reside---my brother and his wife lived upstairs
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then towards the end when he was ih a convalescent home she went 'ii
to stay with my sister Susan .
Was that this past summer?
Yes .
Q Now the physical condition of your mother, does she have any
afflications as far as being able to get around or--
A She is not able to get around without help.
Q Now in regard to her mental afflications that we have alleged,
she remember ou? Does she know you?
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does l ~
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John Takach 10
A Idoubtit.
Q Does she know your brother, Tom?
A She may, but I doubt very much. She doesn't know my dad has even
passed, away.
When you see her, is she able to carry on a conversation with you?
i A No, she is not. I asked her a question, you know, she will answer,
< ~ ~ you know, but not too well. z z 1&1
II. Q Is she able to express her wants or desires in what she wants ?
i 0 ... Cl z A I don't think.
X
Ul < ~ Q 'ls. she able to go to the bathroom by herself?
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Q In your opinion, would it be physically possible for her to be here
c today?
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" A No, she couldn't be here.
ri ll ... 1-Q a: In our petition we alleged that there are three pieces of real estate
C• IL 1&1 a: ... in the Borouth of Donora .. thatwere held in joint names by your
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father and your mother which have since, by operation of law,
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vested simply in your mother. I think those are the family residen e
0 • at 436 Murray Avenue and a lot on which a garage is built, and also
is it 4 18 Murray A venue ?
A Yes.
Q Now are the houses being rented at this time?
A They are both being rented.
John Takach
11
Q And are you presently collecting the rents on them?
A Yes, I am.
Q And that you are the executor of your father's estate, you are handli ~g
these matters up until now.
e A ·Yes.
~ Q :!: Now besides the assets of your father's estate, there· are also three
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savings account, as I understand it, that were in your father's name
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i and your mother's name which were held by tenants by the entireties
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and they became vested in your m ether. One was in the Mellon Ban .,
o( :t of approximately $9, 000 .
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And the Charleroi Federal Savings and Loan for about $3600. 00 .
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lfi II: Ill 1-II: Monessen ci $3500 .00, is that right?
0 L Ill a: A ... Yes .
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And in your father's estate, under his will, the residue of his estatE
~ u .:: L was bequeathed to you children, subject to the right of paying for
0 • the care and maintenance of your mother .
A The money is to be used for maintaining her.
Q Yes, after she dies the proceeds are to be divided as he set forth
between you children, is that correct?
A That is correct.
Q Your occupation is what?
12
John Takach
A Police Officer in the Borough of Donora.
Q Do you have an opinion of whether or not your mother could handle
her own financial matters?
A She wouldn t be able to.
e Q She couldn't collect the rents?
< A z No, she couldn't.
< > .J > Q Ill z How about writing out checks, could she do that?
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i A She is·not able to write.
0 1-<.!) z ~ i If she were writing a check, would she realize what she is doing?
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..: ~ II: Q ... Is it your opinion that she could become the victim of a designing
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N A I don't follow you.
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Well, could you or your sister go up to her and ask her to, if you
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J:: wrote out a check, have her sign it and would she do it if you told
it:
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~ A IL She'd be able to make an "X'1 and you'd more or less have to hold
0 • her hand and makE. the "X'1 for her .
Q But would she give any oppositibn1 to this?
A No, she would not.
Q Now the members of your immediate family are you. and your
brother Thomas, who is in Court today, and your sister Susan
Stimak.
"
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John Takach
-A That is correct.
L
Q And you have one other sister.
of
A In the State/California.
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What is her name?
Anna Sabol.
And she is not here today?
No, she is not.
That is basically our evidence, Your Honor.
(At the. direction of the Court, off-the-record discussion was not
recorded by the stenographer).
In our petition, I think we set forth that the value of the three pieces
of real estate were approximately $11, 500. Is that somewhere
within---
It's close.
According to your opinion?
Around $1, 000.
However, it is possible that if they were put up for sale in Donora
today you may not realize that amount.
No, you wouldn't.
13
Q How. much rent are you collecting on the property of 418 Murray Av :mue?
A $40.00 a month.
Q And for the family residence at 436 Murray?
A $50. 00 a month.
John Takach 14
Q At the present time, after your father died, your mother's Social
Security benefits were, by the Social Security Department, sent
over to your sister. Do you know that?
A Yes, that is correct.
e· Q And do you know approximately how much she is receiving on that
~ z a month?
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Ill z A I believe it's around $112.00 a month .. . . '
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i Q And haveyou, up until the beginning of February, given your sister
0 ... C) ; a monthly check for the care and maintenance of your mother until
X Ill ~ ~ a guardian was appointed?
.,: u it ... A I did. I gave her $288. 00 and $112. 00 for Social Security, was a
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total of $400.00 per month. And there was a little confusion
c =· ... over that .
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('j Q I will explain it to the Court here.
ai a: Ill ... a: (At the direction of the Court, off-the-record discussion was not
(I Q. .. a: ... recorded by the stenographer) .
a: :J 0 u Q .. .I That's all.
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0 • EXAMINATION BY THE COURT:
Q Mr. Takach, has any other proceeding ever been held to declare
your mother incompetent and appoint a guardian?
A No, there hasn't been.
Q And has your mother ever been a member of the Armed Forces
•
•
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John Takach
of the United States of America?
A No. sir.
Q Do you feel that the Pittsburgh National Bank is a proper bank
to be appointed guardian of this estate by the Court?
A Yes. I do. We would like to have handled it ourselves but the way
things went we are not able to, we couldn't get together.
15
~ > ~ Q The Court wouldn't agree to that anyhow. The Court prefers a bank "ln.g
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institution in a situation such as we have here. The Pittsburgh
National Bank has an office in your city, does it not?
3: A Yes, they do .
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Q Very well. That's all.
\
(witness excused).
MRS. SUSAN STIMAK IS CALLED AND SWORN.
ui 0:: 1&1 ~ DIRECT EXAMINATION BY MR. BARNA:
II. 1&1
0:: ~ Q What is your full name?
::1
0 ~ A Susan Stimak, Susan Takach Stimak.
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ii ~ Q Where do you live?
A 4 24 Fourth Street, Donora.
Q And areyou the daughter of Andrew and Susan Takach?
A Yes, I am.
Q Where is your mother presently r~siding?
A At my home.
n T..Trmr lnno-h~c:: Rhe been there?
./ rSusan' Stimak
A Since June 21, 1968.
Q Would you tell the Court her present physical c.ondition?
A Well, she's like a child, you know; she has to be fed and the doctor
said she walks, but she doesn't walk. At times he came up that
wasn't really our interest at the time, he had been over at our
house, we'd called him over tb ... check her .for gall bladder. She
\
has to be fed and has to be held while she walks ·over to where'ever
she is going and that. Then we have a wheelchair for her, you knovv.
And is she able to go to the bathroom by herself?
16
No, she can't even tell you; you h~ve to guess, more or less, you k ow.
When she is ready to?
Yes.
Do you take her to the bathroom?
Yes. We have a portable commode seat, a portable one for her.
She can't walk too far. We have it all down on one floor.
Is her room on the first floor of your house?
Yes. It's because she can't walk steps at all.
Does she have her teeth?
No, she doesn't, no.
Do you have to prepare special food?
Yes, special; then re r food has to be ground
Is she able to tell you when she wants to eat or what she wants
to do?
A No she is not. But then I mean I've been treating her for so long,
.
•
Sus an Stimak
I know-when it's time.
Q Does she follow your schedule of eating then?
:A Yes.
Q Would you tell us about her memory? Is she able to remember?
A No, nothing at all, no.
~ Q She knows that you are her daughter, doesn't she? ~ ~ A I don't know whether she does or not. She accepts me. She is
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so used to seeing me, it's a person she accepts. She will call
me but I don't know whether she really knows. She will know a
stranger if a stranger approaches, she will be sort of shy .
Does she know your brothers?
No. I think the same way, the same condition as she knows me,
just maybe to see us, you know. But not really know whether we
are her children or not, you know.
In her conversation, does she talk about anything in the past, what
she did or what you people--
Not at the present, no .
does
What/, her conversation consist of •. mostly?
Nothing that· really makes sense, you know. She will mayb~; just
talk about just, I don't know ,anything in particular, you know.
But nothing that really, you know, maybe one minute she'll make
one little sentence or statement; she'll talk in Russian or somethin
like that, and then the next time it will pertain to something else.
atch television?
A She watches but it doesn't mean anything to her.
17
18
Q Can she follow the story?
A Oh, no, not at all.
Q Can she talk about the story after she'~ seen a program'?
A Not at all, no.
e Q Does it just keep her company?
:: A ;;:
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Yes, as long as she hears the voices or s?mething, I guess.
> .J >-Q (;') ;;: Is she able to manage her own business affairs?
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;i A Oh, no.
0 1-0 ·z: Q Would she understand them ?
~ -< :: A No, not at all.
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Then she couldn't collect the rent for the house or have any idea:---• Q
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Not at all, no.
c :J Q .., Making a decision of how much to rent it for?
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Q Could she become the victim of designing persons as far as the mon~y
c.. u c:
1-in the bank account is corr erned? c:
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to u
.J A You can hold herhands, she will sign anything I think so, yes.
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because it doesn't mean anything to her.
• Q In other words, if you presented a check to her for the balance of hEr
checking account made out to you or something else, she---
A It wouldn't 'mean anything to her. It would just be a piece of paper.
She'd sign, you know. You'd have t.o,hold her hand because she
couldn't write her name; she just puts an "X".
Now at the ores ent time vou are keeping her, is that corre2t?
19
A Yes.
Q And after your father died, did the Social Security make the benefits
payable to you for her keep?
A Yes.
e Q How much is that check a month?
~ A z $111.90.
~ > .J
)o Q VI z You have received that monthly and also the back Social Security?
z
lit II.. A i Yes, I have.
0 ...
C) Q ~ From the date that your father died?
:z: Ul < ~ A Yes.
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it Q ... Then in addition to that, your brother, for the months of October,
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u
November, December and January, paid you $288.00 a month for her .
c: ~ A ~ Right.
X ~ ,..
1'1 Q And since then this is th~ dispute that has arisen in the family as
~ a: Ill ... a: to who is to keep her and how much .
Ct II. Ill a: A ... Not so much who was to keep her, it was the amount that was being
1:
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.J paid for taking care of her.
:5 0 i: Q L. I think that's basically an.
0 • EXAMINATION BY THE COURT:
Q Mrs. Stimak, who do you have in your home bes:ides yourself?
A I have my husband and I have five children, but one is staying at·
college in the dormitory,· so then I have the four children.
20
Q What are the ages of the four children who are at home?
A Well, one is graduating this year, he's-17. And then the __ other
•
one is 13 and the other one is 10 and 8.
What does your husband do ?
He works at a mill, Jones & Laughlin Steel Mill.
Does he commute everyday?
Yes, he does.
Are you at home most of the time to ta_ke care of your mother?
I'm home all th~. time, Judge.
Who does your shopping and your errands ?
Well, I always have someone home when I go shopping. I have
either my son home or my husband home.
Does your mother require the taking of medications of any kind?
No, she isn't taking anything, no.
How often does the doctor come to see her?
Well, he hasn't come because I mean she's been feeling fine, you
know. He said he couldn't help her as far as hardening of the
•
arteries is concerned and as long as I'm giving her the proper food
·and her gall bladder doesn't act up, so she really hasn't had anythin~.
So she was at one time contemplating a gall bladder operation.
Yes, that is correct.
But they decided against that?
That is correct, Your Honor, yes. Taking her medical condition
and everything, she couldn't take it .
. ,
•
•
Susan Stimak ~
Q So that the food that she is now taking would be cne of a restricted
A
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nature with respect to the gall bladder.
That is correct, Your Honor.
Do you prepare special food for her apart from the rest of the famil) ?
Oh, yes, Your Honor.
Does she have any complaints as to the way she is being treated
and fed and whatnot at home?
No, she is not. She doesn't complain.
Has she at any time requested that she be taken some. where else
for living instead of at home?
Oh, no.
You are willfng td continue taking care of her, provided that you •
and the guard~1an, that is appointed by this Court can agree on a
proper sompensation? .
Yes, Your !fonof.
I have no further questions.
I
(witness excused~ , .,;
THOMAS ANDREW TAKACH IS CALLED AND SWORN .
EXAMINATION BY MR. BARNA:
Q . ' What is your name please?
A !I~ I • homas Andrew Takach.
Q Where pc:J you live?
A I live at 210 Fourth Avenue, Monongahela.
' .
21
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22
Q Where do you work?
A I work,. at the U. S. Steel, HomestEad, Pa.
Q And I understand that for some time that you have lived with your
father and your mother.
A Yes, I did.
Q And when was that, during what period "of time?
A Well, I would say approximately the last two and half years.
Q When did you move out of your father's place?
A Because we were having some difficulty; I was forced out of the hon e,
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
I would say, after my dad's death.
That was in August.
That was August, 1968.
You moved out then?
Yes, I did.
was
Now :../ there an upstairs apartment when you lived there?
What is that?
You lived upstairs at his home?
Yes, I did.
Before you lived with him where did you live prior to that?
I lived at 210 Fourth Avenue, Monongahela,
And how long did you live there?
I would say the past 15 years.
Prior to the two years before this, is that correct?
Yes. ..
0 • ..
23
Q I just wanted to show that you lived around here. During then the
past 15 to 20 years you lived in the Donora area.
Yes, I did.
And you visited your mother and father quite a bit?
Quite a bit.
And then up until your father's death you lived in their home for two,
two and half years .
Yes, li.did.
You are familiar with the condition' of your mother then, is that con ect?
V~ry familiar.
Is it basically substantially what your brother an::i your sister
have testified to?
Yes.
And she cannot then take care of her own property, is t11-at your opin'on?
Yes, that is true.
Could she become the victim of designing persons?
Yes.
If they wanted to take advantage of her, she could give her money
away and she wouldn't realize she was doing that.
Yes.
Is her physical condition pretty much the same as what your sister
testified to?
A Most of the time.
Q She is having difficulty walking?
Thomas Takach 24
A Well, yes. she has. she has to be helped.
Q And how about going to the bathroom and taking care of those needs?
A As far as I know, my wife was helping her to the bathr,oom and
my daughter helped her to the bathroom and I've helped her to the
bathroom when we lived there and she s eell)Ed to be able to get aroun~
~ z at that time~ with help.
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Q And you joined in this petitivn after it was presented to the Court?
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A That is true because I never knew anything about it up to that time.
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~ I was never contacted.
:z: Ul < ~ Q I think that is substantially it.
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Q
:J ., EXAMINATION BY THE COURT:
:z: .. ,..
N Q Are you satisfied, sir, that the Court appoint the bank, the Pittsburgh
IIi a: Ill ... a: National Bank, as the guardian of this estate?
0 a.. Ill a: ... A Yes, I am .
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Q That's all. Thank you.
< u iL II. MR. BARNA: Your Honor, could you help us which is the easiest
0 • way and quickest way that we could get an order drawn up here?
I think basically this is what our main dispute is here. and I think
Tom, you are represented by Mr. Robinson on this aspect of it.
Do we have to have another hearing on this ?
THE COURT: The Court would have to know the facts and since
there is dispute here as to where the alleged incompetent should
/--
25
be kept, and how much should be paid for her maintenance, we
would have to hear testimony on the matter. You indicated that one
of these persons is represented by Attorney Robinson of Monongahel
-,MR •. BARNA: Yes, Your Honor.
THE COURT: Well, which one is that?
MR. BARNA: That is Thomas.
THE COURT: The last gentlemen. I just wonder if Thomas wanus
to be represented by an attorney when this matter is heard. If
he insists on having his attorney here, we would set a separate time
for a hearing. But it seems that most of them are here today and
could testify as to how they feel about these matters. And the Cour
. might be in a position to make an order long before we could do so
if we had to wait for a hearing. However, this incompetent has
to be kept, has to be maintained, and up until we have such an Ol!:der,,
whether the order be the same or whether it be less or more than
what she is getting now, and I would see nothing wrong with the bankj,
after appointment, continuing to pay that order until we could have
a hearing. I am going to leave that up to counsel. Do you think
we can go into thathearing here now and get the testimony briefly
of these persons instead of coming back at another date?
MR. BARNA: You may want Mr. Robinson.
THOMAS TAKACH: I don't think I need him. I think maybe we can
resolve this at the present time.
(At the direction of the Court, off-the-record discussion was not
26
recorded by the stenographer).
MR. BARNA: I think maybe, Your Honor, I should make just a
preliminary statem~nt.
THE COURT: You may do so.
MR. BARNA: After the father died,· these parties came to me
and I suggested that we do have a guardian appointed. However,
they felt that maybe they could take care of .it themselves and save
some cost and that was after .... I then went to talk to you and
received your opinion that when there is a dispute that an outsider
is to be appointed or when there is a conflict of ir_terest. And it
appeared that there was a conflict of interest here and that a guardic: n
would have to be appointed when the estate was te:-minated anyhow.
But there were substantial U. S. Government Savings Bonds iri
both, in the father's name and each of the four children, ranging
from approximately $12,000 to 16 or $17, 000. And they were in thE
executor's possession and the father also wrote a note w:::.th these
bonds that would not constitute a will but to the extent that he wantec
the income, I think, from them, if necessary, to take care of the
mother.
But after the family went through it or after
we accumulated all the assets of the estate and also the assets of
the mother that she received as tenants by the enti:-eties, these
bonds were then distributed as there wasn't any legal grounds for
the executor to keep them. The Inheritance Tax has been paid on tt em.
•
•
~ z
At that time the families, or the three parties here agreed orally
that $400.00 a month would be the amount to take care of the mother .
I think it was based on roughly $10.00 a day or what the nursing home
would take care of . And I drew up an agreement a_nd then all the
parties had s-econd thoughts of this and they did not wish to enter -
into a written agreement on this.
~ ~ THE COURT: But in the meantime, since the death of the father,
>-UI z ~ Mrs. Stimak, who has been looking after the mother, has been paid
z 0 ~ the sum of $400.00 a month.
z
l: ~ MR. BARNA:
~
That is including the Social Security and the
~-supplement, that is correct.
ii: lii i5 THE COURT: But a total of $111. 90 Social Security and the balar ce
.J ~ u i5 made up by payment from the executor.
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being the approximate amount that the income from both estates
should resolve. And we also felt that if the executor overpaid
Mrs. Stimak that after a guardian is appointed, whatever amount
could be deleted from her until she would catch up on it.
THE COURT: We understand the background. You may interrogate
this witness.
THOMAS ANDREW TAKACH RESUMES THE STAND.
EXAMINATHN BY MR. BARNA:
Q Tom, after our written agreement was prepared, you felt that your
27
•
.. •
Thomas Takach
sister should not receive $400.00, a total of $400.00 for the care
of your mother, is that correct?
A I felt that all along.
Q But at one time you did say that you were agreeable.
' . -
A No. There is only on one occasion that I agreed to give her, becaus
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of the fuss we were having of $400.00 at j:t,lst that one time to settle
everything, but not every month.
Well, then now, in your opinion, what is the amount that she should
receive :or~you Jeel she should receive?
Well, my dad was living and my dad felt that $100.00, which I
realize is awful low, but my dad felt that this $100.00 would be
more than enough to take care of my mother for her maintenance; :ana
he was living at that time and we have had a little trouble because
my dad had two checks coming in a month. We had several, but
~ among the two, he told my wife and I when he was in the resthome,
a: 0 4.
;;! that he wanted us to have this here check because we took care of ... It
:J 8 my dad; it was a larger amount than what he gave to my sister .
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My ·:dad had us hang around at that time to receive this check and
we hung around. And for some reason, the check wasn't forthcomi
John was tai<.ing care of the check at that time because of the troubl s
we were having. And he refused to bring the check up. But Sue
got her check and I never did get my check, which I never wanted
the check anyway.
THE COURT: Mr. Takach, let me interrupt for a moment.
28
•
•
Thomas Takach. 29
. .
Those are matters that we arenqt momentarily concerned with.
What we are trying to do now is to elicit testimony as to what the
fair cost would be of maintaining your mother, either where she
is at now or somewhere else. And we want your opinion on that.
Now you have given us the fact that your father considered that
~ z around $100.00 a month would be enough to keep her and I presume
< > .J >-Ul z that he had in mind there that what she got from the Social Security
z Ill a.
i benefits of around $111. 00 a month would be sufficient. Now that
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~ is all right as to what he thought. But what we are interested in
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0 a _,
< maintenance cost would be in the case now; not what your father
0 0 :J ..... thought .
:t .. " Cll A Well, Your Honor, I feel that Social Security check should be suffic ·~nt
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.II
and I would be willing to take my -mother for the same amount.
: THE COURT: Now you may continue the examination now, Mr.
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II.
Barna. Then if I have anything further, I will come in again.
'J (Continued examination by Mr. Barna):
Q In regard to taking your mother, what size of a _house do you have?
A I have a ranch home, 44 by 32, five rooms and bath.
Q How many children do you have?
A Well, I have my,wif~ and.I, and let's see, we have a son going to
college, oldest son, Pittsburgh; we have four other children; five
Thomas Takach 30
children.
Q And haveyou talked to .your wife about this amount too?
A Yes, wehave.
Q She is willing?
A She is willing, yes .
~ Q. ~ To take care of your mother for this amount of money?
> ..1
)-A t'l Yes. z ~ u 1.. Q i Do you have any qualms of how your sister is taking care of your
0 1-Cl ::: mother now?
:::l: ~,
'( := A I've gone up there twice, I believe, to see my mother and three
...: .. 0 iii: 1-times, two times my mother is sleeping; I went after church, rough y
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around 1:00 o'clock in the afternoon my mother was still sleeping;
0
J .., and I think one evening I went up with my brother John, my mother
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f>l was up. And I tall~ed to her for a few minutes. I can talk to her
t'i c: &.1 1-c: in Slovonic and whether or not she understands, I don't know. I
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1-don't think she does. But she smiles.
c:: J 0 u Q ..1
But then you don't have any qualms about the way your sister is
== u ii: 1:. taking care of your mother?
0 • A Well, yes, I do. I know on one particular occasion, Halloween, for
instance, there was nobody at the home. There was nobody there.
My mother was locked in the house alone. That's the only one
occasion that I know of.
Q Maybe to help the Court, there is presently some strife in your
family between your wife and your sister, isn't c...that correct?
Thomas Takach 31
A There is.
Q Maybe for background for the Court to understand that, your present
wife is your first wife, is that correct?
That is correct.
And then when you were in the service or shortly after that you were
divorced and you remarried.
Yes. that is true.
And she remarried.
Yes.
And both of you lost your respective spouses through death, is that
correct?
Yes.
And then you remarried.
Yes.
And how long haveyou been rm rried to her?
I would say roughly about a little better than two years now, I'd say
Just so the Court would understand whatyour problem is here. I'm
sort of in the middle here, Your Honor.
THE COURT: I understand.I W_e are trying
to elicit testimony here that is going to be useful both to the Court
and to the guardian after the guardian is appointed because the guar ian
is going to have to request this Court for a proper order.
Thomas Takach 32
EXAMINATION BY THE COURT:
Q I wanted to ask Mr. Takach. how old is your present wife?
A I would say 4 4 years old.
Q How old are you ?
A 4.S years old.
~ Q z ~
The childrerJ., Jlow many children did you say?
> .J >-A Ul We have five children at -home. z z Ill Q. Q i One in college?
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He travels back and forth to Pittsburgh. He goes to vocational
Ul ~ ~ school .
..: u it Q ... Now would your wife be able to be in attendance upo,n your mother
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IIi a: Ill ... A a: Yes.
0 a. Ill a: Q ... That would be done?
a:
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0 u A That could be done. It has been done . ...1
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b: Q II. Have you had occasion at any time to see the type of maintenance
0
• and service that is; rendered persons who are disabled by nursing
homes and places of that type?
A Yes. I have.
Q And do you feel that the maintenance and care that is being given
your mother now by Mrs. Stimak is comparable to that which is received
in a nursing home ?
Thomas Takach 33
A No.
Q You don't think it is as good? What is the reason for that?
A Well. my wife had an aunt. I believe. that was in a resthorne at
I
Uniontown. We went up to see her and she was pretty well taken
care of. She had somebody around the clock to take care of her at
:!: all times. was more or less like in a family. And my dac being
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up here at a resthome. he had somebody there. though his condition
z z Ill ~D. :were different and I hardly think they would take my mothE-r's z 0 1-C) z case. But there are others that would. They have 24 hour service.
X
Cll ~ ~ And I believe that if my mother needed a doctor. they would have
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i a doctor there at any time. As a matter of fact. I thinkhef'ore they .. !!? c
-' would admit my mother. I think they'd have a doctor examine her
-< u 0 .::l and I think she is overdue for a good examination . -,
:z: ... ,.. Q 1'1 Your conclusion is then. sir, that the treatment that your mother
1li
:1: :&1
1r is now receiving and the care and the maintenance.is not up to the
::> l.
.II r standard of what she would get in a nursing home .
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·J That is true.
.J
o( :; Q ~ Any other questions. Mr. Barna?
:.. 0 • MR. BARNA: I can't think of any.
A Your Honor, if I may. I realize all these things. these hor:1es which
would be the best thing for my mother probably would give her the
care. but I look around, I have a sister here and my brother John
and myself. we are her children and we love our mother. even
thoug)1 we have all these difficulties here over probably the money.
Thomas Takach 34
mostly, but we love our mother and I would prefer if possible, if
Your Honor would, I think perhaps that each one of us take care of
our mother. We have a lot of difficulty right here. My wife and
my sister. Why, I don't know .. But it's wrong. My wife cannot
come with me to visit my sister to see my mother, even though we
liVEd with my dad and mother and she's taken care of my mother and
dad. And she's done so much and tried so hard to please everybody.
And it seems like she wasn't pleasing my sister. But I still feel
that we love our mother and she is our mother, we owe her that.
And I thihk, if Your •Honor will, I think every-
one of us could give her the care that she is so deserving. And
I think if anyone of us need a little bit of help, I think each one of
us would jump in to help the other to take care of her.
THE COURT: .You are telling the Court simplty
then, that if it is possible, you would prefer that your mother rem a n ' ..
with one of the family, rather than being sent w a resthome or
a nursing home.
Yes; take turns taking care of her.·
THE COURT: I understand. Any other quest"ons?
MR. BARNA: No. I don't think so.
(witness excused).
Agnes Takach
AGNES TAKACH IS CALLED AND SWORN.
EXAMINATION BY MR. BARNA:
Q
A
Q
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What is your name please?
Agnes Takach.
Areyou the wife of Thomas?
Yes, I am.
I think one thing we forgot to get from Tom, of the children in
your household, are they all his or yours by your previous married
They belong to both of us, each of us, I should say. I have two and
he has three at home.
I think at one time in our office we were discussing this problem
of how much with you all, and I think at the one time I asked you
whatyou would be willing to take care of or what you would want
to take care of Tom's mother, knowing that there was approximatelj
$400.00 a month available that would not invade any principa~ and
did you not feel that a maid receives $10.00 a day at that time
and you thought somewhere in that neighborhood?
Let's get this straight. That isn't the way---I'm sorry, but that
isn't the way you asked me. You said, "If it was your mother and
you couldn't take care of her, what would you pay?" I mean, you
didn't say if you couldn't take care of her. I said "If I couldn't
take care of my mother I would be willing to pay what they pay in a
nursing horne or $10.00 a day at least.'' But I mean I didn't say
that if I was able to take care of her that I would want that.
35
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Agnes Takach 36
THE COURT: Let the_ Court interrupt. here
for a moment. The Court isn't too much interested in what the
persons thought before. We want to hear what they feel ·now is
an adequate sum to take care of this individual and who should take
care of her and whatnot.
Maybe we should put it this way: if you would know that there would
be available between $300 and $400 a month of income of Tom's motl er's
estate, would you be willing to take care of her for the $112. 00 Socic: 1
Security as your husband said?
I definitely would be.
And you would also realize then under the will that by not using this
income up, the assets of the estate would grow and what you, in
effect, would be doing would be saving, I mean building the estate
up for the other brothers and sisters because at the distribution,
when Mr. Takach dies, the estate would be larger than it is now.
Yes. I mean I realize that, but now I mean I would take care of his
mother for nothing. I would take care of her for the Social Security
benefits because I did take care of her. And I took care of his
father and I didn't get anything. I got $147.00 one time. And I
mean, well, I lived in the home. I took care of. him. I mean his
sister came down for a little while each day or ·Nhenever she could.
She had her family, but we lived in the house so it was really more
or less up to us to look after them. So I would definitely.
Q Do you understand the Russian language?
Agnes Takach 37
A No. But in my mother-in-law's condition, really, it doesn't
make that much difference because she doesn't, I mean she just ram~les,
you knows If you ask her a question . Now whenever I had her,
I haven't seen her since she's been in Sue's home because Sue does
not permit me in her home, bu.t)whenever I was at home with her,
I mean, you'd ask her a question, sometimes she would talk English
and she wouldn't even talk Russian to you. ·
I think that is the basic answer we want, Your Honor.
EXAM !NATION BY THE COURT:
Q Mrs. Takach, are you offering to take care of this individual, your
mother-in-law, just for the payment that you would receive in the
Social Security check of around $111. 00 a month?
A Yes.
Q And do you feel that you could adequately care for her, buy all her
necessities and whatever is required to give her decent service and
maintenance ?
A Well, now, Your Honor---
Q Everything except medicines.
A That's what I was going to say. If she would have big medical bills
I couldn't. As far as my service and what it takes to keep her, yes
I could.
•
Agnes Takach
ii Q Everything except medicines and doctor's bills and things like that?
ii ! ! A Yes.
i 1 Q Now your husband ventured the suggestion that it seemed that he did 't
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want his mother to go to a nursing home or to a resthome or simila
institution, and stated that he felt that the children could undoubted!
i
:ake care of their mother, each one taking a separate turm. Now isl ' i
that what you have in mind. taking care of this lady for maybe a cou~le
of months and then turning her over to one of the other children for
a couple of months?
Well, I mean this is up to the children. I mean I would keep her
or I mean. however the Court decides on that. But I would take her.~
Well, if the Court felt that it were necessary and expedient and best l
for this individual that she remain at one place c.ontinuously. would
you be willing to take care. under those circumstances and keep hel
continually at your place?
Yes • I \WOI.ild.
For $111.00 a month?
Yes, I would. I think a mother deserves that.
Do you have available in your family persons who w auld look after
l:er when you would necessarily have to be away for some time?
Yes.
Shopping and things of that type?
Yes .
Who do you have?
38
•
Agnes Takach
A We have a daughter.
Q How old?
A She is 16. She has taken care of her and she can, I mean, of coursE,
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now I wouldn't expect her to take her .to the bathroom by herself
or lift her or anything like that by herself, but I mean like---because
all she needs is, I mean somebody to be there to watch her, you kno rv,
so she wouldn't falland injure herself or something doesn't happen
in the house that would cause her death.
You feel that the child you are talking about, the girl could take
care of the situation while you would be away temporarily?
Yes. If I was gone for an hour or to do shopping or something like
that, yes.
Now if you were taking care of your mother-in-law and Mrs. Stimak
came to your home to visit, would she be welcome?
Yes. I have always said that.
But you arenot welcome at her home?
That's right.
How long has it been since you have been there since she's had
care of your mother?
I've never been in her house since she's had mother.
How did you know that you weren't welcome to visit?
Because we were down at my brother-in-law's and sister-in-law's
trying to talk things over and she said that I could not come intoJ
her house. She said that she would slam the door in my face if I
39
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Agnes Takach 40
even came up on the porch to come into her house. She said I was
not welcome.
Q You would permit her to come to _your home if you were taking care f
the lady?
A Yes. That's her mother. "She has that privilege. That doesn't nee sarily
say that I have to bother with her or that I have to be in the same
room with her. The door is open.
i Q You would permit proper visitation?
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JOHN TAKACH IS RECALLED .
EXAMINATION BY MR. BARNA:
~ Q John, I realize you have feelings on the amount of compensation . '
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and maintenance that should be paid for the care of your mother .
Would you tell the Court what you feel?
A I think a fair amount should be between $250, $300 per mon1l}, is
my opinion of a fair amount.
Q Then--
THE COURT: Is that a total;?
A A total.
hat includemedical ex enses or if there were extra medical
•
•
John Takach
expenses on top of that ?
A I believe large medical expenses, we could reimburse her for them.
THE COlR T:
that the figure· he gave would be---
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~ Social Security of $111. 00?
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Tht total amount.
Now let's get this straight. Is
$250.00 to $300.00.
Totat? Not in addition to the
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is that it?
That's it.
THE COURT: Maybe he can tell us how he
arrives at that estimate.
a:: 5 Q How would you arrive at that estimate?
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..I a A I thought $10.00 a day would be a fair amount. Usually, a resthomE,
ii: II. 0 they make a pro·fit and they charge between $10.00 and $13.00 per
month. Then they make a profit out of it, so I figure about $10. 00
a month sj:lould be about it.
lTHE COURT: $10.00 a day you mean.
A Yes, $10.00 a day.
Q And from the examination of her estate, the assets in her estate
41
John Tc..kach 42
and the assets of your father's estate or the income is to be used
for her if necessary. Are there sufficient funds do yo:.1 feel?
A There's sufficient funds, yes .
• (At the direction of the Court, off-the-record discussion was not
recorded by the stenographer:·.
~ z ~ Q > .J John, do you feel that your mother is obtaining adequate care where
>-Ill z z Ill she presently is with your sister now?
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the order as to who your motl-_er should stay with then, would you
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rather her go from 'your sister to you to your brother or ·do you thi k
that she should stay with your' sister?
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that way. But if she wasn't willing to take care of her for that amoup,t,
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Ill my wife would be willing to take that on to take care of her.
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Your wife would be willing to take care of her.
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his wife's circumstances, family and soforth.
Q How old is your wife?
A· Around 37.
Q And how many children do you have?
John Takach 43
A Four. One 19 years pld, the other one is going to" be.18, and I hav;:.
a set of twins, 14.
Q Are the twins boys or girls?
A One boy and one girl.
Q One is 17?
~ A z The girl; and the 19-year old is a boy. He will be 19.
-< > .J > Q Ill How large is your house? z z Ill A. A z Well, I'm renting one-half of it. I have approximately 13 rooms,
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Is there a room in your house for your mother ?
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I believe there is .
i5 :J Q .... Does your wife have any physical problems that would hinder her in
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iii X .. A X. No.
::> l. .ll r Q -Basically, your testimony is that if the order would be in the area o
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t. 0 • is presently doing right now?
A That's right.
Q I dbn:'.t know if there are any other questions.
•
John Takach
E,XAMINATION BY THE COURT:
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Q Mr. Takach, would your wife be able to render complete, around-the-
clock service, together with the children, for this lady?
A She doesn't go anywhere. She's.home most of the time. I believe
she'd be able to. Then if she' had to go out shopping,~, we have the
== :: children are old enough, · I be lie ve .
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So that between her and the children, someone would always be able li
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to take care of her?
That's right.
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her and things of that nature because of her condition;?
Yes .
She does require special preparation of food, does she not?
Yes, she does.
Did she live with you and your wife?
No, she didn't. We lived right nextdoor.
I believe that will be all, sir. Thank you.
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MR. BARNA: Yes.
THE COURT: All right, we will have a few words from her.
44
Pauline Takach 45
PAULINE TAKACH IS CALLED AND SWORN.
EXAl\lliNATION BY MR. BARNA:
Q What is your name please?
A Pauline Takach.
Q Are you the wife of the previous witness, John?
A Yes.
Q And you heard your husband testify that you would be willing to take
care of his m bther?
A Yes.
Q If the compensation was as he set forth.
A Yes.
Q And do you feel that you are able to take care of her?
A Yes.
Q Have you taken care of her previously when you lived nextdoor to
her?
A I'd help out.
Q I think that's all
EXAMINATION BY THE COURT:
Q Your children are in school, aren't they?
A Yes.
Q I have a daughter that is going to graduate in May. And my twins'
will be 15. They are all in school. And I have a son who works at
Christie Park. He will be 19.
Pauline Takach
46
Q Well, would there be available one of the children at all times to
look after her, should you ta ve to go out for something?
A Yes.
Q And do you drive a car?
A Yes.
Q And you have no other interest outside the home that require you to
be away for any particular days?
A No, sir.
Q I believe that's all I have. Thank you.
SUSAN STIMAK IS RECALLED.
EXAMINATION BY MR. BARNA:
Q Mrs. Stimak, you are presently taking care of your mother?
A That's right.
Q Maybe the best thing to do is tell the Court what she really needs,
just a little bit more than you did.
A Well, it started at the beginning. Pauline was the only daughter
that was available. My sister has been in California. See, I've been
taking care of her, she's been sick for about 20 years. So naturall ,
I've been doing down there, taking care of mother and dad. I did thE
cleaning of the house and I did the laundry and I did everything for cad.
So as mother started to get worse and worse, naturally, dad would
Susan Stimak 47
help to cook. I'd take food down there and everything.
MR. BARNA: Speak a little slower.
A Like I say, I have two sisters,· right? But what did they do? They
came over and maybe spent some time there. But no one did the lauln.dry,
no one did the walls and scrubbed. I had, like I said, the last ten
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years, I used to go down at 1:00 o'clock and bririg mother down to
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Now with her care, do you have to feed her?
:I 0 u A _, I have to make s:pecial food for her and I have te> feed her and bathE
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0 • has no control over herself. I have a lot of liner:..
Q I didn't hear that.
A Mother is bedfast. At night she soils a lot of linen. So I have all
that laundry to do. And as I say, all her special cooking and JOU
can't let her sit in one place too long because she'd get bedsores.
Susan Stimak . 48
So that's moving her about, walking with her and maybe letting her
sit awhile. I'm a practical nurse, by the way; I worked in a hos pita 1
for three years and I worked with older people.
Q Where did you get your practical nurse \s training?
A I went to the Professional Building in Pittsburgh, Franklin School
:!: z < of Nursing.
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I graduated, I worked in Pittsburgh for awhile and I got married and
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II. Q II. When you talk to your ,r'nother, do youtalk to her in Russian?
0 • A No. ·I talk to'her in English. I can't talk Russian but I do understaP.d.
She unders Lands English too.
Q I was off base on that then.
A Nu, she understands English.
Q What do youfeel is a reasonable amount that you or any of the other
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Susan Stimak 49
children should receive for ta ldng care of your mother?
A Well, I was going according to like I say, dad wanted a practical
nurse. No one would take care of him at the time. As my brother
mentioned, he didn't move when my dad passed away, he moved out efore
my dad. When my dad needed help at home, he was moving out.
He moved out before, the day before my dad went to Havencrest
because no one would take care of him. He promised my brother
if he'd take care of him he could have anything he wanted. My
brother Tom made the statement, ' there's no money in the world
would make him take care of my dad when dad needed help. That's
why I wanted him over my place. I could make room for mother an<
dad both. But he felt that if he went up there, there would be
trouble with the family, so he wouldn't come up, so he ended up in
Havencrest. And that's all they ever threatened me with, that
mother 1wouldn't be sitting at home, she has a home for $100.00
a month and he could have her put in a home. So I felt, well,
the practical nurse dad had for one time, she charged $18.00 for
eight .:hours. So I thought I'd just go ahead and I thougl).t I was
entitled to $288.00 for a month .
Q Plus the Social Security?
A Right.
Q That would be a total of $400.00 a month.
A Right.
Sus~n . Stimak 50
Q Are you willing to continue to take care of your mother for--
A As long as I can, yes.
Q For that amount? I wonder if the Court would set anamount lower
than this, would you---
A Well, I'll have to leave it up to the Court what they thought was fair,
~ z but like I say, the family was willing to pay that to my sister. . My
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i that amount to her to give her that amount. But I had written my
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she wasn't able to take care of her.
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J: 1-"' N A No.
cti a: Ill .... a: Q There is some testimony that on Halloween thac you left your mother
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dispute that or not?
~ u iL ... A We left her alone, it's the first time we left her alone for ten minut ~s
0 • because both my children were in a Halloween parade. We parked
tl;J:e' car right---we only live a block away from downtown. We left
the car there because the children wanted me to see it. She wasn't
locked in because the front door was open and I have a dog. We
just went down there and seen the children in the parade, came
back in the car and came straight home. As far as that goes, my
Susan.1 Stimak 51
brother Tom didn't see me, he just heard from the other sister-
in-law because I told her.
Q While your brother was living in your parents' house and taking care
of them, were there any times that your parents were left alone -when they were not there?
~ A z Well, they never took care of them, as far as that goes. They lived
-< > .J >-Ill z upstairs was right, but my dad would not leave the house until
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,.: u a: ... But the other times my dad would never leave her because she'd
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complain to me that dad would never go until I had came. So then
c :J ..., it was my job as far as that goes. He wc:uldn't leave. If Tom would
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ui a: Ill 1-a: Tom had taken him to do the big shopping, then I'd stay with mother
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1-Does the Court have any questions here that I have skipped?
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" Q -Are: all the members, other membersof the family, your brothers,
your sister and their respective wives, welcome to visit?
A All except Tom's wife, because as I said before, we had a congenia
family until she came. So we all accepted her and here while dad wlls
in the hospital, she was up there, telling him, like I said, my broth!ers,
~
Susan Stimak I 52
that was their mother, they were welcome to see her anytime they
wanted to. But while dad wa? in the hospital, they were up there
telling my dad stories that I didn't want my mother and I wasn't here!~
I was taking care of my mother. I left my family to take care of
my mother. They'd be gone from 8:30 in the morning until 10:00 o'dlock
at night, saying they were staying with my dad up the hospital.
I stayed down home taking care of mother all that time. I'd wait
until one of the kids came home, her children came home for lunch
and run home and make lunch for my children.
THE COURT: Let me interrupt for a moment. We are not too
much concerned with those matters right now. The Court is inquiriljtg,
or rather counsel did and the Court is interested in the answe r---ar~
you willing to let all the persons who want to come to see and visit
with Mrs. Takach, are you willing to make them welcom.e: to have tnem
l1i 0: IIJ 1-0: visit with her?
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Yes, if I am told so, definitely, yes. Like I say, since there was
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so much trouble in the family, that's why, rather than have any mor1e
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e welcome to come, they are welcome to come to the home.
THE COURT: The Court would certainly expect any person who
took care of Mrs. Takach to make visitors to her welcome, whether
they be members of the family or anyone else that has a right to be
there. And if there is any ill feeling existing between yours elf
• -
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and any other person, you should not show it and you should absent
yourself momentarily from the rooiTI·.where they are visiting. Let
them visit as they normally would if she were in a nursing home or
any other institution .
A if I am told to do that, I will be glad to do it.
~ THE COURT: Very well. I have no further questions.
z o( ~ ~ MR. BARNA: I have no further questions. That would be all
z z "' II. z 0 ... Cl z
we need for this hearing, Your Honor. I doubt if there is any reasor:
to call Mr. Stimak . He is here.
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her sister in California stating about how she felt.
(At the direction of the Court, off-the-record discussion was not
recorded by the stenographer).
~ THE COURT: The Court has read _the.· portion of the lEtter in
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question that was referred to the Court, arid we feel that it will not
be necessary to have the testimony of this individual since the Cour
has read the letlier.
(Proceedings Closed) .
53
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"' 1 heroby certify tmu the ~lrooeedings ana (;tVi4ctlce a.t .. c Q()ntained
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~fully and accu:.·atoly in tno notes ·taken by me on tile h(;;arilld ot tno abovo <· ~
..=cauoe, and that this c~?y is a correct transcript of t11c.: £lame. u
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The forogoinu record o:t· the proceedinge upon tllo ht.P.rin~ oi tile
gabOvo cauae i:J nereby approved and ~iTccted tg ba filed.
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