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HomeMy WebLinkAboutOC1969-0149 - ESTATE OF BAIN·r '".i I:" I..~, ,"- ...~ ;:~". ! ~~:Iis:2\e!~ i; (~;~ ~ -# ....''''-' '! .)d',./ ~------IN ORPHANS' W ASHTNG TON IN RE:ESTATE OF ROBEHT L.BAIN,DECEASED PETITION FOR DISTRIBUTION OF A SMALL ESTATE and ORDER OF COURT ,. ~~.', LAW OFFICES OF P.J.McARDLE 4:iiQ FORIi.1i ,A,vcrluc PITTSBURGH,PA.15219, /<2-/S7 ..l\ ~- '1' ~""""1 ,\0 i, IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA I IN RE:ESTATE OF ) ) ROBERT L.BAIN,DECEASED ) PETITION FOR DISTRIBUTION OF A SMALL ESTA TE To the Honorable~the Judges of said Court: The petition of Law Bain,Administrator d.b.n.of the Es tate of Robert L.Bain,deceased,respectfully represents as follows: 1.Petitioner avers that the above named decedent died on August 26,1967,intestate,and was a resident of Midway,Washington Coucty.)Pennsylvania.Letters of administration we re granted to Arthur M.Martin on November 13,1967,at the above number ~nd teqn,and..~-. surety bondl in the amount of $500.00 with United States Fidelity &Guaranty Company,as surety"was posted on the same date.The said Arthur M. Martin,administrator,died on October 24"1868.)and your petitioner 'Nas appointed administrator d.b.n.of the estate of Robert L.Bain"deceased.) on December 6.)1968,at the above number and term,and a surety bond in the amount of $500.00 with United States Fidelity &Guaranty Company as Eurety,was posted on the same date. 2.Petitioner avers that the assets of the estate of the above decedent consist of proceeds received under the survival action in the case of Law Bain"Administrator of the Estate of Robert L.Bain, deceased"vs.John Richard Bolla at Civil Action No.67-1385 in the United States District Court for the Western District ::>f Pennsylvania. The amount received in the above captioned case is $300.00,see attc..ched order of Court approving settlement. .... 3.Decedent was survived by his parents,Law Bain, petitioner herein,and Ruth Bain,as his only heirs at law. 4.Petitioner avers that there are no unpaid debts or claims against the decedent,or his estate. 5.Petitioner avers that he has expended the following sums' of money in the administration of this estate: 11/13/67 11/27/67 12/6/68 12/6/68 Clerk of Orphans Court, Letters of Administration F.J.Buckley Insurance Agency -Administrator's bond Clerk of Orphans I Court, Letters of Administration,d.b.n. F.J.Buckley Insurance Agency -Administrator's bond $11.00 10.00 9.00 10.00 WHEREFORE,your petitioner prays your Honorable Court to distribute the assets of the above estate to the parents of the decedent, Law Bain,your petitioner,and Ruth Bain,they being the sole heirs of the above decedent. AND,,he will ever pray,etc. Petitioner -2- ·. j.,i '..,IIIi COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) SS: Before me,a notary public in and for said County and State...personally appeared LAW BAIN,petitioner within name d,who, being :luly sworn according to law,deposes and says that the averments of fact se~fort h in the foregoing Petition are true and correct. -3- ·. JOINDER AND CONSENT United States 'Fidelity &Guaranty Company~surety,does hereby join in and consent to the prayer of the wi thin peti tion. // Dated: UNI TED STATES FIDELI TY &GUARANTY COMPANY BY_~~~+-_--ll----':--II--'---:--I -4- CERTIFIED COPY GENERAL POWER OF ATTORNEY No Q.~.~2:'l . , \'. Know all ,Hen by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY,a corporation organized and exist:ng under the laws of the ~tate of Maryland,and having its principal office at the City of Baltimore,in the Stat-:l of W-aryland,does hereby constitute and appoint Eugenia Schram... Of the City of Pittsburgh its true and lawful attorney ~_DSDUIXX~ ,State of Pennsylvania for the following pt.rposes,to ",it: To sign its name as surety to,and to execute,seal and acknowledge any and all bonds,and to respective])y do and perfarm any and aill acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY,a certified copy ·)f which iE hereto annexed and made a part of this PO'l'er of Attorney;and the said UNITED STATES FIDELITY AND GUAF~NTY COMPANY,through us,its.Board of Directors,hereby ratifi-:ls and confirms dl and whatsoe~r the said Eugenia Schram ", ""'"'of \..11 may lawfully do in the p:emises by virtue of tnese presents.:e~:}', In Witness Whereof,the said UNI':'ED STATES FIDELITY AND GUARANTY COMPANY has caused thi~jnstrument to b~ sealed with its cor,orate seal,duly attested by the signature,of its Vice·President and Assistant Secretary,this ~9Yl>'day of December •A.D.1955 ~ -..!:oo UNITED STATES FIDELITY AND GUARANTY-COMPANY. ~.,."'« (Sigr~ed)By W~..cT .•....:r~f.f~r;y .. Vice·P~sident. (SEAL)G.P.Moore Assistant Secretary. STATE OF MARYLAl'\D, BALTIMORE CTY, ) f 55: On this 191!!day of December ,A.D.1955,before me personally came W.J.Jeffery ,Vice·President of the UNI'FED STATES FIDELITY AND GUARANTY COMPANY and G.P.~oore ,AssiEtant Secretary of ,!mid Company,"nith both of vhom I am perso~ally aC!l!1ainted,who beiI:g b~me sevenIly duly sworn,said that l~e'y resided in the City of Baltimore,Maryland;. that they,the said W.J.Jeffery and G.P.Moore were respectively the Vice·President and the assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY,the cor· poration described in a:ld which executed th fo:-egoing Pewer of Attorney;that they each knew the seal oB said corporatie.n;that the seal affixed to said Power of Attorney was such corporHe seal,that it was so fixed by order of the Board 0:Directors of said corpora· tion,and that they sigued their names thereto DY like order as Vice·President and Assistant Secretary,respectively,of th~Company. My commiss:on expires:he first Monday in Mayt A.D.1957. t.SEAL)(Signed)Nan..C.~..Zj\1lIJl.~r.IJA~" Notary Public. (Signed):SEAL) In Testimony Whereof,I hereto sel my hand and affix the seal of the Superior Court of Baltimore City,the same being a Court eof Record,this 19tb day of December ,A.D.1955 M.Luther Pittman STATE OF MARYLAr.;D lJ'Sct. BALTIMORE CTY, 1M.Luther Pit tman ,Clerk of the Superior Court of BaItin.ore City,whicJ.Court is a Court of Record,and lus a seal,de·hereby certify that Nan C.Ziuunerman ,Esquire,before whom the annexed affidavits were made,ani.who has thereto subscribed his name,was at lhe time of so doing a Notary Public of the State of Maryland:in and for the City of BaItiIr.ore,duly commissioned and sworn and authorized by law te·administer oaths and take ~cknowledgments,or proof 0:=deeds to be recoroed ~rein.I further certify that I am a.:quainted with the handwriting of the said Notary,and verily believe the signatue to be his g:muine signature. f> Clerk 0/the Sl1perior Cntrt 0/BaltimCTe City. Jo'S 3 (9.67) COpy OF RESOLUTION That Whereas,it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its n~me in States other than Maryland,and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. Therefore,be it Resolved,that this Company do,and it hereby does,authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries,under its corporate seal,to appoint any person or person·s as attorney·or attorneys·in-fact,or agent or agents of said Company,in its name and as its act,to execute and deliver any and all con: tracts guaranteeing the fidelity of persons holding positions of public or private trust,guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings,required or permitted in all actions or pr6ceedings,Of by law allowed,and Also,in .its name and as its attorney or attorneys·in·fact,or agent or agents to execute and guarantee the conditions of any and all bonds,recognizances,obligations,stipulations,undertakings or anything in the nature of either of the same,which are or may by law, municipal or otherwise,or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland,or by the rules,regulations,orders,customs,practice or discretion of any board, body,organization,office or officer,local,municipal or otherwise,be allowed,required or permitted to be executed,made,taken,given, tendered,accepted,filed or recorded for the security or protection of,by or for any person or persons,corporation,body,office,interest, municipality or other association or organization whatsoever,in any and all capacities whatsoever,conditioned for the doing or,not doing of anything or any conditions which may be provided for in any such bond,recognizance,obligation,stipulation,or undertaking,or anything in the nature of either of the same.. I,R.H.Bland,Jr.,an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney given by said Company to Eugenia Schram to sign bonds as therein setherofPittsburgh,Pennsylvania ,authorizing and empowering forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company,duly called and held at the office of the Company in the City of Baltimore,on the 11th day of July,1910,at which meeting a quorum of the Board of Directors was present,and that the foregoing is a true and correct copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof,I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on January 7,1969 <Date) ,~& /f./~·~·I· Assistant Secret(1ry; .---f .~.....1 •f' ,I •. '0 JOINDER AND CONSENT of Washington County,and as an agent of the Commonwealth of PennsylvaniaJ do hereby join in and consent to the prayer of the within petition. Dated: Clerk of the Orphans I Court COMMONWEALTH OF PENNSYLVANIA - 5 - I, ':~'.'. " -" " ORDER OF COURT And now,to··wit,this 16th day of December,1968,the ,-foregoing Petition having been presented in~;'open Court,the settlement...,.)..~ hereby approved.Distribution is to be made as follows: -, iII " P.J.McArdle,Esq.-Attorney's fees and costs $7,400.00 " ",I 'I'I ,I, ,I 'r ,i J" .. I Law Bain and Ruth Bain (Wrongful death action)10,800.00 Law Bain,Administrator of the Estate of Robert L.Bain (Survival action)300.00 s /Herbert P.Sorg D.J. .,, i.I I .,'.'.,,1 I II ." . •$, ORDER OF COURT And now,to-wit,this 'T:~y of ~~1969~it I is ordered and decreed that the sum of Three hundred dollars ($300.00; being the proceeds from the survival action in the case of Law Bain" Administrator of the Estate of Robert L.Bain~deceased~vs.John Richard Bolla~filed at Civil Action No.67-1385 in the United States District Court for the Western District of Pennsylvania,be distributed :0 his o:lly surviving heirs~his parents~Law Bain~petitioner,and Ruth Eai • -6-