HomeMy WebLinkAboutOC1969-0495 - ESTATE OF AMOS,------------------.c------------..------------------------------------
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
HEARING ON PETITION TO ESTABLISH DEATH
OF ABSENTEE UNDER FIDUCIARIES ACT OF 1949
THE HONORABLE P.VINCENT MARINO,
President Judge of the said Court .
KENNETH J.YABLONSKI,ESQ.,of Washing::m,
Penna.,representing the Petitioner.
IN RE:
ESTATE OF
LLOYD AMOS,
~z~Presumed Decedent.
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No.495 of 1969
we begin taking testimony,I would like to submit as the Petitioner's
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MR.YABLONSKI:
Monday,May 26,1969,at 10:30 o'clock A.M.
EDST.
If it pleas e the Court,befe re
Mr.Yablonski?
Yes,Your Honor.
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Exhibits 1 and 2,the Proofs of Publication concerning the advertise-
ment of this hearing and the presentation of the Petition.
THE COURT:It will not be necessary to mark them as
exhibits.But we will accept the Proofs of Advertis ement as having
complied with the Interlocutory Order made by the Court.You may 3.11
your witness es .
Eleanor Hoffman
ELEANOR HOFFMAN IS CALLED AND SWORN.
EXAMINATIrn BY MR.YABLONSKI:
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Would you give us your full name pleas e?
Eleanor Marie Hoffman.
And what is your address?
It's 967 Hunter Street.North West.Warren.Ohio.
And areyou related to Lloyd Amos?
Yes.I am.He's my brother.
How many brothers and sisters do you have?
There are five sisters and four brother.
And excepting Lloyd Amos.are they living?
All living.
And areyour parents living?
My father is deceased;:~TI}Y mother-is living.
Mrs.Hoffman.you have filed a Pefition in this matter to establish
a presumption of death of your brother.You arethe petitioner?
That's right.
Would you tell the Court the last time that you saw Lloyd Amos?
The last time that I have seen my brother,Lloyd Amos,was in Augu~t
of 1961.
Q Whe re was that?
A That was at my mother and father's Golden Wedding Anniversary.
Q At Fredericktow n?
A At Fredericktown.
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Q Did you talk to Mr.Amos at that time?
A Yes,I did.
Q On August I,did Mr.Amos tell you where he was going.when he left
Fredericktown?
A He did not state where he was going;he said he was leaving.He was
her an address .
mother?
What about your mother,if you know?
He has never communicated with ime in any way.
But where he would end up,nobody
mother on the phone~n:ow I'm going only by her testimony,and gave
Right away after he left,lid say within a month,he did talk to my
Now after he left on August I,did he communicate with you or your
going to hunt employment.
knew.He was leaving.
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What address was that?
This was in the Pocono Mountains .
Since that communicaticp,the telephone call giving your mother the
address,has he either communicated with you or your mother?
A Never.
Q Do you know whether he's communicated with any of your other brothE rs
and sisters?
A I've called them;I've contacted everyone of them and no one has ever
heard from him.
Q Now during the summer of 1964,did you have occasion to visit the
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Poconos?
I did.I spent two weeks vacation in the Pocono Mountains.
While you were there,did you do anything with respect to your
brother?
I went to every resort,every hotel possible that I could contact
trying to 10 cate him.But there wasnIt one person even could give
me an address,didn't even know the name.
You stated before that your father had died.Would you tell us
when that was?
My father died in September,'65.It was three years ago.
Did your brother return for the funeral?
No.We could not contact him.
Were efforts made to contact him?
We contacted police and everything in that area.But unless,you ha\lie
any idea of his location there,they will not handle the matter.
Now with res pect to your brothers and sisters and other relations
and friends,have you either written to them or called them to find
out if they know anything about your brother?
Yes,I have.
And do they or have they heard from him?
There has been no one.
I believe your brother was married.
He was married and he's divorced.
Dovou recall when that divorce took place?
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A 1950.
Q Did you attempt to contact his ex-wife?
A I contact-her all the time.I am in contact all the time with his
ex-wife.
Q Had she heard from him?
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Never.
I believe he had two children.
He had two sons.
And are these children of age now?
They are married;they were both adopted.
Adopted by whom?
They were adopted by her second husband,Crockett,Mr.Crockett
and they go by the name of Crockett.
Never.
regarding this?
Did you make any efforts to check with the Social Security people
I didn't personally.I did ask you if you would check through for IT e.
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Ie But I didn't just myself.
Q Now Mrs.Hoffman,sine e August or shortly after August of 1961,
do you have any knowledge of the whereabouts of your brother or
haveyou had any contact with him whatsoever?
A I have never had contact with him.
Q Since that time?
A Never.
Q Now would you explain to the Court the purpos e of your filing this
Petition to have him presumed dead?
Well.the main purpose for this Petition is due to the fact that this
hom e of ours is in all the children's names .
Now would you explain to the Court the circumstances as to how
this home got into everyone's name ?
To st art with,I think this was 1955 that the home was taken over
for taxes and a man by the name of Mr.Barnes from Browns ville
purchased this house for taxes.And at the time my :mother and
father both were ill and naturally they came to me.Well.I went
to Mr.Barnes and talked to him.And I told him,I said,"Gee.
my mother and father will be without a home."And I asked him if
he wouldn't let me buy this house back,which he definitely didn't
have to.But he told me he would if I would pay him the amount
of money that .he wanted,I could definitely buy it back and I did
buy .it.back.
Would you tell us how much that was that you paid?
I paid---the one night I paid $600.00,I went to the attorney's
office and I paid $600.00 cash to Mr.Barnes for this property.
And he said definitely he would see my mother back with this house.
he would take it from them in any way.
Q Did you receive a deed from Mr.Barnes?
A Yes.I did.
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Q Now who was this deed made to?
A The deed is made just the same as the original deed.I had every
child's name put back on this deed.
Q Did you discuss this with an attorney at the time that that was done
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I sure did.And if I would have listened to the attorney,he was the
one that advised me at the time to put it in one name·And I said,
fiNo.I would never cheat one brother or one siister out of anything.
And I put it back in the original form as it was before it was ever
bought back.
Did any',of your brothers or sisters in any way contribute towards
the purchase price that you have paid to the Barnes?
Some of them did.But this brother is one that did not.
Would you tell us what property"we are talking about?Where is
this property?
This property is located in Beallsville,Pat
And describe the property to the Court.What does it consist of?
It's about a eight-room house,it's on a double lot,a frame house .
Doyou presently have a purchaser for this house?
Yes.we do.
Q And would you give the Court their name?
A Mr.and Mrs.Robert Owens,Beallsville,Pat
Q And would you give the purchase price contemplated?
A $4500.00.
Q Now Mrs.Hoffman,haveyou discussed what is to be done with the
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money received for the purchase of this hous e?
A Yes,we have.The:money received from this house will be put
into a fund for sickness or death benefits,as my mother has no
insurance.And that's the only way this money can be used.
all
Now have;!of your brothers and sisters thai:you have been able to
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discuss this with agreed to this?
Everyone.Everyone agreed to it.
Now when you originally 0 btained a purchaser for this home,did
you then again attempt to locate your brother?
Yes,we did.
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And were you at all successful?
Never.
..,Q If it please the Court,I have no further questions of this witness.
,.....(At the direction of the Court,off-the-record discussion was not
have to be separated and paid into Court or paid to heirs,if they
recorded by the stenographer).
For the record,we recognize that the interests
of Lloyd Amos cannot be included in the funds of the others.It wil
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be heirs.My client recognizes that and we have already contemph ted
that possible payment.What it amounts to,Your Honor,we have
a $4500.00 consideration and 11 heirs.So we are talking less thar
or somewhere in the neighborhood of $400.00.
THE COURT:Both of these children are presently located
around here?
MR.YABLONSKI:
THE COURT:
MR.YABLONSKI:
THE COURT:
Yes.
They are both of age?
Yes.
That might solve the problem.I just have one
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From my mother.
you secured that information from your mother.
Mr.Amos called his mother about a month after he had left.Now
~z other question.What is your mother's name?0(~~A Elsie Amos.zzIIIL
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":;A She lives in Fredericktown,Pa.:rIII0(
~THE COURT:And one other matter.It was testified that
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I don't even remember what date that was.I know it was around
September,1961.
"...THE COURT:
August,1961.
THE COURT:
And the last time you saw Lloyd Amos was in
My mother's Golden Anniversary.
Did you have a date there:inAugust?
the middle of August they were celebrating their Golden AnniversaI y.
THE COURT:That is the las t that you saw him?
A That's right.That's the last my mother has ever seen him.
THE COURT:Well,he did.however,contact her and talk
to her over the phone about a month after that.
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THE COURT:And that is the last that anyone heard from hin .
A That's right.He told her that he was in the Poconos and that's
where he would be working.J ":'j
THE COURT:As far as you know,Mrs.Hoffman,did Lloyd
Amos have any bank accounts in this district before he left?
THE COURT:
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Never in his life.
Did he own an automobile?
Never drove in his life.
Where was he employed?
In the Poconos.
as ages are concerned?Who was the older in the family of the
where ever he could pick up a job.
he roamed from one job to another..He just picked up odd jobs
I'll tell you,he was a roamer;
Before he left.
Whe re would he be among the childre n as far
No.
Before he left,Fredericktown.
Dorothy Amos is the older.
children?
THE COURT:
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THE COURT:Can you name the others?
A Dorothy,Clinton,Eleanor,Alma,Lloyd.Five.
TIHE COURT:What would be his age if he were living today;
A 48.
THE COURT:Could someone supply us with the date of his
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A August 11.1921.
THE COURT:
then.wouldn't it?
A Yes.
THE COURT:
of this year.
A Yes.
THE corn T:
That would make him 48 this coming August
He should be 48 years of age then on August 11
Was he in wha t you would regard as normally
fair health when he left?
A Oh.yes.Health-wise he was all right.
THE COCRT:And his statement was that he was going to
secure work in the area of the Poconos.
A I didn't even know he was going to the Poconos;that's where he
ended up and that's where he called my mother back right away to
let her know that's where he was in that area.
(At the direction of the Court.off-the-record discussion was not
recorded by the stenographe r).
THE COURT:Now one other matter.Was Mr.Lloyd Amos ever
a member of the Armed Services of the United States?
A No.he wasn't.Never.
THE COURT:
have.You are excused.
A11 right.I believe that's all the questions we
MR.YABLONSKI:Your Honor,this is a sister of Lloyd Amos
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and her testimony would be merely cumulative to what has been
offered.
THE COURT:We will hear some of it;you can make it brief
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0(~~JANIS:'AMOS'NOCHTA IS CALLED AND SWORN.zz'"~EXA MINATION BY MR.YABLONSKI:zoI-~Q Would you give us your full name and address?
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What is your address?
1690 Dodge Street,North West,Warren,Ohio.
Were you related to Lloyd Amos?
I aIr his sister..
Haveyou heard your sister's testimony here this morning?
Yes.
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Were you present at the home of your parents in August of 1961?Ir
Yes.Us girls gave her the wedding anniversary party.
And did you see your brother on that date?
Yes.
Haveyou seen him since that time?
No.I have never saw him or heard from him.
Haveyou corresponded with him inany way?
No,I haven~t.
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!Q Have ypu discussed with your brothers and sisters whether or not
they have heard from him?
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Yes,they haven't.
What about your parents?
No.
Are you at all familiar with any of the efforts that were made by
your sister to locate him,your sister Eleanor?
Yes.Because we live in Ohio together.I
Are you familiar with the real estate transaction that she has desc ibed
to the Court?
Yes,I am.
Is her testimony concerning the provisions for burial and soforth
substantially as you understand it?
:I:I-~A Yes.
u:~Q I have no further questions,Your Honor.
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Q Mrs.;N~ochta,do you know of any property or estate or belongingE
that Lloyd Amos might have owned or had when he left FredericktciV'm
besides this interest in this one property?
A No.
Q Do you know of any bank accounts that he might have had?
A No,I don't.
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Q Do you know of any insurance policy that he might have had naming
any particular beneficiary?
A No.
Q And as far as you know,was he ever a member of the Armed Forc s
of the United States?
and Cavita Barnes to Eleanor Amos Hoffman,Alma Amos How.e"
like to recite the deed,if I may.
That will be all.
No,he wasn't.
It's the deed from Willis Barnes
For the record,the real estate involved is,I'~
Thank you.
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Lloyd Amos,Ralph Amos,Janis Amos -N,ochta,between Gwendo &n
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Amos Radcliff~,Bernice Amos Conley,Billy Amos,Borothy Amos,
and Clinton Amos.It's dated May 20,1957,and recorded in
:t..r-N Deed Book 993,page 675.
THE COURT:
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Thank you.
We have nothing further to offer,Your Honor.
Very well.That will conclude our hearing.
(Proceedings Closed).
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,FORM 67
REV.1-50
REG.WILLS
Application for 14rttrrs of A~UtiniHtration on thr
Estate of.~.~Q.!!?g.~~Q§..
late of..~~~.~~~~.t.h!.~h.~~~2~.~.~.hJp.,Deceased.
Before the Register of Wills of Washington County
personally appeared E~e.ano.r H.affman ..
who,being duly sworn deposes and says that..~.!.2.Y.9 ~.~~.2.~.J.P.;:~~.~~.9....,g~~.~U .
48 h'his 1 f'l ..1 'dage,avlng..................ast amI y or prlnclpa resl ence at...
(Street and Number)
.......~;:.~4.~.;::!.9.~t..Qw.n.t ~.~.f...!.?.~).~,Washington County,Pennsylvania,died intestate
(City,Borough,Township)see Ia~p..;:.~§.~~.9 9~~.9 ,on the day of ~.f}.?..<!6.'!.f!..§..?.~5£.e:r;..I."..l 'It.8)
A.D.,19 ,at...M.,possessed of personal estate to the estimated value
$~,and of real estate in the Commonwealth of Pennsylvania to the estimated value of
$~~.~~~.~~~:tGM~*K ll.J..9.J.n.t~.~~.§.t i.n ~.~g..l ~.§.t.g.t.~in .ae.all.s.y.i.ll.e .
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The names and addresses of the decedent's surviving spouse (if any)and other heirs including
heirs by adoption)are as follows.
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REI,ATIONSHIP R}~SIDENCE
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Eleanor Hoffman sister I Warren,6bjo
That deponent is over 21 years of age,resides at....
..................................................War.ren.,Ohi.a .
is a citizen of the United States and a resident of Pennsylvania,and respectfully applies for Letters of
Administration upon the Estate of said decedent,no letters having J:leen previously issued thereon.y~.!£~/.
Sworn and su~scribed before me this....!..!.....................:.I...£::...(c..!i:::?'3::.~-::.0¥#Z.?...~
day Ol.&~r.-~;:::.:;:..c_.....-
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REGISTER
COMMONWEALTH OF PENNSYLVANIA}SS:
WASHINGTON COUNTY,.
.And now :t..I..±.!/..~<,19.1.f.l/%IDes.~~..%I./.-:':"~.
who being duly sworn doth depose and say that.....~.........will well and truly .~~:::the goods and
chattels,rights and credits Of.....~~L S.~,deceased,
to the best of../~skill and judgment in strict compliance with the laws of this Commonwealth,mind-
ful of the laws relating to inheritance taxes.
.~~c--V/Sworn and sl.;lbscribed before me this..I.../......::...........~~~J
day OI...7'~:~~7i·~~~/~·;.,1:p?.'!.._.....··.·'i~~··,:··········;:::.::7······ifck~<:::::
...................../...................................................................................................
REGISTER
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APPLICATION FOR
Letters of Administration',
ESTATE OF
Lloyd Amos........................................................................................................
I>eceased .
Letters.......R $ .................................................. ..
Extra AI.P $•.._...17 C'0las7..'..·..·......
. . . . . . . . . . . . . .$..............................
Certificates $Renunciation~': : ::I :::/~.~..:;
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1>(/)0•c..nKennethJ.Y~lonski.......................................................................................................
Attorney
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ESTATE OF
LLOYD AMOS....................................................................................................;;DECEASED
rrhe undersigned ~J:.~.!.~~.Q.~and heirs
of...~.~.~y..9.~9.~..late of 12.9.§:t ~~.thle.hem T.Q~o.s.hip...
deceased,hereby renounces........................right to administer on P.lQy.g !.YnQ~estate
and respectfully asks that Letters of Administration be issued to 121~.9.n9..r.J:J.Q.ffm.an ..
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of ~.J...9..Y.Q ~9..§..late of ~.fH?.t ~~.t..b..lgh~m 1..9.~Jl~b.ip...
deceased,hereby renounces........................right to administer on p.l-.Q.Y.g.~.Q.~estate
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ESTATE OF '
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of !.-.!.Qy.Q !.¥.nQ.§..late of ~.g.s.:t B.e.t.ha:.ihem T.Qw.n.s.hip ..
deceased,hereby renounces........................right to administer on M1Q.y..Q.ArnQ.S estate
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Estate of ~.~.?.Y.:9 ~..~~.~.Q.~.............................................}Nfl9Fe.st Bethlehem Twp.0 0 .late of ,Deceased
KNOW ALL MEN BY THESE PRESENTS,
That we}?J~~.D..9..:r.~.Qf.f.~P..;:~.~.....¥..r.!P.J.P.~J ....~.P.-9.....Y.~.~.t~.g ;§.:\!~..~.~.~E.~.g.~..f..J.:\!y.~.D..g ..
...................~~~.~E~.~.~X ~.9...~~~..~.~.~~9.!.~.!.~.?.~:.~.~:.~..~X ..
all of Washington County,Pennsylvania,are held and firmly bound unto the Commonwealth of Pennsyl-
. f h f h'd'h . h f One rhousand D 11vama,or t e use 0 t ose mtereste m t e estate,m t e sum 0 0 ars,to
be paid to the said Commonwealth,to which payment,well and truly to be made,we do bind ourselves,
jointly and severally,for and in the whole,our heirs,executors,administrators,successors and assigns,and
each and every of them,firmly by these presents.Sealed with our seals and dated the.)J.~P.:.~day of
.....................X!:.!?;r..~~;;r..y.A.D.,one thousand nine hundred and S.~.y..e.n.ty,..
Sealed and delivered in the presence of:
8'tattmtnt nf 8'urtty
I,,surety in the sum of $on the
administration bond in the estate of ,say that I reside at
..............................................................................,Washington County,Pennsylvania;that I am the owner of real estate,
the title to which is in my own name and duly recorded,situated in ,
Washington County,Pennsylvania,worth above all encumbrances $;and that I am worth
the amount expressed in said bond,over and above my just debts and liabilities.
Co.
Street
~tattmtnt of §urtty
P.O.
I,,surety in the sum of $on the
administration bond in the estate of ,say that I reside at
..............................................................................,Washington County,Pennsylvania;that I am the owner of real estate,
the title to which is in my own name and duly recorded,situated in ,
Washington County,Pennsylvania,worth above all encumbrances $;and that I am worth
the amount expressed in said bond,over and above my just debts and liabilities.
Street P.O.
COMMONWEALTH OF PENNSYLVANIA,}SS.
WASHINGTON COUNTY,.
'And now 19 ;comes ..
who being duly sworn,says that he is acquainted with the financial standing of the securities to the within
bond;that the said obligors have each executed the said bond and that the sureties thereto are the owners
of real estate in their own right of value more than the penal sum of said bond over and above all incum-
brances and exemptions.
Sworn and subscribed before me this .
day of A.D.19 ..
\
03 -b?-t.frS-
No.5/:>5
i\~miniBtratiDn rgnn~
IN THE ESTATE OF
Lloyd R.Amos
And now Fe b.26,,19_7_°_
Bond approved and Letters issued to
:E ;:;,~.."
3>m:u -Ele8t}OD cHoffrmtm ...--
:::."(;~Nt.--en v~coZ~'11 "..,r.)fl'l ."J;•Jwho';/fil ::dulV ca'l1aliliA{L~o--------v-----...-----------c::1
-'-"',~--c"o .'"...o :::Russel'i:Marino
t.nc::n
.r--'-ur-~......,~~,(;;)Register
Bond Book 63 Page 302
....2
.~I IN THE ORPHANS COURT OF WASH-
INGTON COUNTY,PA.
NO.~q/j a-j)/q6 9
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,:IN THE MATTER OF:
THE ESTATE OF LLOYD AMOS,.
PRESUMED DECEDENT
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PETITION TO ESTABLISH DEATH OF
ABSENTEE UNDER FIDUCIARIES ACT
OF 1949
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ATTORNEY AT LAW
KENNETH J.YABLONSKI
~'.\'50S'WASHINGTON TRUST BLDG.
WASHI'NGTON.'PA.15301
",,~__f~~o.""-"..itt,';',,.',~~,"!,,,,~~_..:c~,;>.A.::..stllW ...,~d _',""""""'-'h~-'d ",,",,.._"riot__'"Wi<".$'W"_eN .-JJ
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN THE MATTER OF
THE.ESTATE OF LLOYD AMOS,
PRESUMED DECEDENT.
PRAECIPE FOR APPEARANCE
Enter my appearance for Eleanor H.Hoffman in the
above entitled action.
,1969.---------------
PETITION TO ESTABLISH DEATH OF
ABSENTEE UNDER FIDUCIARIES ACT OF 1949
TO THE HONORABLE P.V.MARINO,PRESIDENT JUDGE OF SAID COURT:
The petition of Eleanor H.Hoffman respectfully
represents:
1.That your petitioner is the sister of Lloyd Amos,
a presumed decedent.
2.That the last known residence or domicile of
the said presumed decedent was Fredericktown,Washington
County,Pennsylvania.
3.That the said Lloyd Amos left his Pennsylvania
domicile at Fredericktown,Washington County,Pennsylvania,
in September of 1961,and has been absent and unheard of
since that date,and your petitioner believes him to be dead.
'.'1 "
4.That the circumstances attending the disappearance
and oontinued absence of the said Lloyd Amos are as follows;
That in September of 1961,the said Lloyd Amos left
the Fredericktown,Pennsylvania t area,stating that he was
going to find work in another area of the country.He has not
'
I been heard from since that time.
5.That your petitioner took the following steps in
an attempt to locate Lloyd Amos:
(a)She wrote numerous letters to places which
Lloyd Amos stated he was going to seek work.
(b)She notified all of the relatives in aft
effort to determine his whereabouts,and the relatives have
been unable to find him.
(0)She contacted different hotels and employers
in the area which the said Lloyd Amos was presumably
looking for work.
(d)She requested the Social Security Administration
to aid in locating him,but was advised that this was contrary
to their regulations.
6.That the said presumed decedent was survived by
your petitioner and his mother and brothers and sisters,and
left no other next of kin or heirs at law.
1.That the said Lloyd Amos,to the best of the
knowledge,information and belief of your petitioner,left no
will,and your petitioner is entitled to letters of administra-
tion on his estate,should he be deceased.
..I ",'
8.That the only asset of the presumed decedent was
1/11 interest in a parcel of ground,No.79
Iin Beallsville,Washington County,Pennsylvania.
I 9.That the Social sec~rity Administration is the
Ii only ot~er pa~ty interested in the estate of the presumedi'i decedent,and they have been notified of the intended
!presentation of this pe~ition.
WHEREFORE,petitioner prays your Honorable Court
under the provisions of the Fiduciaries Act of 1949 to decree
the presumption of the death of the said Lloyd Amos,and to
authorize the Register of Wills of Washington County to grant
letters of administration on his estate to the party or
parties entitled thereto or their nominee.
COMMONWEALTH'·OF
COUNTY or
)
)
)
,,
Before me,the undersigned authority,personally
appeared ELEANOR H.HOFFMAN,who,being duly sworn according
to law,deposes and says that the statements contained in the
foregoing Petition are correct and true as she verily believes.
Eleanor H.Hoffm~~
Sworn to and subscribed
before me this ~day
ofMda~.,1969.
My Commission Expires
WILLIAM A.MU51PIiY,iR.,/lloti:l'Y PtAblic
MY OOtlitlSSION !XPtttlS APRIL !I.I""
.,_~I
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN TUE MATTER OF
THE ESTATE OF LLOYD ~10S,
PRESUMED DECEDENT.
)
)
)NO.
)
)
NOTICE OF HEARING
TO:LLOYD AMOS,LATE OF FREDERICKTOt-1N,WASHINGTC:)fl COUNTY,
PENNSYLVANIA;AND TO HIS HEIRS AND ALL PERSONS INTERESTED
IN HIS ESTATE:
Notice is hereby given that application ha~been
made to said Court to establish the legal presumption of the
death of Lloyd Amos and to authorize the Register of Wills
to grant Letters of Administration on his estate.The Court
..,;
will hear evidence concerning the absence of said,Lloyd
Amos,on May 26,1969,at 10:30 o'clock A.M.in the Orphans'
Court of Washington County,Pennsylvania.All persons having
any interest or knowledge of this matter may attend,or
communicate at once with the undersigned.
KENNETH J.YABLONSKI,ESQUIRE
505 Washington Trust Building
Washington,Pennsylvania 15301
,
!."1
".
IN THE ORPHANS:'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN THE MATTER OF
THE ESTATE OF LLOYD AMOS,
PRESUMED DECEDENT.
)
)
)NO.
)
)
DEC R E E------
C(
AND NOW this ;I~~ay of
I
1969,after having considered the foregoing
motion of KENNETH J.YABLONSKI,attorney for the petitioner,
a hearing in the above matter is scheduled for the 26th day
of May,1969,at 10:30 o'clock A.M.in the Orphans'Court
of Washington,County,Pennsylvania.It is further directed
that notice of said hearing be advertised in accordance with
the act of assembly and the rules of court,and further
that notice be given to the parties in interest.
Observer -Reporter
WASHINGTON,PENNSYLVANIA
PROOF OF PUBLICATION
In compliance with the News,paper Advertising Act of 16 May,1929,
P.L.1784,as amended.
Commonwealth of Pennsylvania,County of Washington,5S:.
Personally appeared before file,a Notary Public in and for said County
and State,J9.:9.h~~g §.~gg~~,who being duly s,worn
'.h ' .th Secretarvaccordmgtolaw,deposes and says t a,t he IS e 1-..............•...
of the Obslerver Publishing Company,a P>ennsylvania corporation,and its
agent in this behalf;that the said Company is the owner and publisher of
the Observer-Reporter,succ'e·SSOT to The "Wia&hington Obs'erver,established
Septembe'r 18,1871,and The Washington Reporter,established August 15,
1808,a daily news1pape,r of generalcir'culation,printed and published and
having its place of busines's at Washington,Washington County,Pennsyl-•
vania,where it or its prede'ces,sors have been established and.published
continuous'ly for more than six months'prior to the publication of the notice
hereto attached;thrut the printed notice OT advertisement hereto attached
is a copy of an official advertisement,official notice,legal notice or legal
advertisement,exactly a:s printed or published in the ObE1erver-Reporter in
its regular editions on the following date or dates;_ .
..........................!IP.rjJ z.e.,M~y 5.,J.f @Q.J9."J.9.9.9..
that neithe'r tl~e affiant nOT the Observer PUblishing Company is intereslted
in the subject matter of said notice or a,dvertising and that all of the aUe,ga-
~~"',.~~.thi,affidavit ~tothetim)lJl::;tlCon
Sworn to and subscribed before me this..19 day oL.M.a.Y 1969 .·..,..~~~~Z~:~~~
WASHING10lt WASH:rJGTON COUNTY
MY COMMISSION EXPIRES MAY 6,1972
Washington County Reports
~
Washington,Pennsylvania
PROOF OF PUBLICATION
(PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION)
In compliance with the Newspaper Advertising Act of May 16,1929,P.L.
1784 Sec.3,paragraphs (3)and (25).
COUNTY OF WASHJNGTON }
STATE OF PENNSYLVANIA SS.
Personally appeared before me,a Notary Public in and for said County and
Commonwealth,CHARLES C.KELLER,who.being duly sworn,deposes and
says:that he is the Editor of the WASHINGTON COUNTY REPORTS,the
official legal periodical for said Washington County,published weekly having its
place of business at W'ashington,Washington County,Pennsylvania,and is act-
ing as its agent in t'his behalf;that the said WASHINGTON COUNTY
REPORTS was established on March 31,1920,and was designated as the official
legal publication for Washington County,Pennsylvania,by order of the several
courts of said County,dated November 11,1920;that the printed notice or adver-
tisement attached hereto is a copy of a notice or advertisement,exactly as printed
or published,which appeared in the said legal periodical in its regular issues on the
following dates:
..........May.l.,.....8 15·f .·.22 l9.69..
that the affiant or the corporation in behalf of which he is acting is not interested
in the subject tter of said notice o~rtising~dtat all of the allegations of
this affidavit t '/e timei#ce and ter7~ffPR,are tru~
,tft!1 \ .rjJ/e&~--..._..__._.......·_......_··....-:::;:::...····.._.._..-Edit~~
Sworn toa~bscribed before me this _--.------_-;....,'...._-----~---.-----..._#,\~.!:~~~.~.~~~#~~
~:=:::::~..,.......",.,"",
Washington,Washington .Co.,Pa.
My Commission ExpIres
November 1,1969
~N THE ORPHANS-;-COURT OFWASHINGTONCOUNTY,PENN-SYLVANIA
IN THE MATTER OF THE ESTATEOFLLOYDAMOS,PRESUMED DE-CEDENT.
NO.495 of 1969
NOTICE OF HEARING
TO:LLOYD AMOS,LATE OF FRE-DERICKTOWN,WASHINGTONCOUNTY,PENNSYLVANIA;ANDTOHISHEIRSANDALLPERSONSINTERESTEDINHISESTATE:
I Notice is hereby given that applica-tion has been made to said Court toestablishthelegalpresumptionofthedeathofLloydAmosandtoauthorizetheRegisterofWillstograntLettersofAdministratio)l,·on .his estate.TheCourtwillhearevidenceconcerningtheabsenceofsaid,Lloyd Amos,on May
26,1969,at 10:30 o'clock A.M.in theOrphans'Court of Washington Coun-ty,Pennsylvania.All persons havinganyinterestorknowledgeofthismat-ter may attend,or communicate at oncewiththeundersigned.
KENNETH J.YABLONSKI,,ESQUIRE505Washington Trust Bldg.Washington,Pa.15301
_______.~4)35-4 I
I
__________---'-'d
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DNlSION
a Presumed Decedent.
IN RE:Estate of
LLOYD AMOS,
(
)
(
)
(
No.495 of 1969
Marino,J.
DISCUSSION AND DECREE
January 23,1970.
This matter comes before the Court upon petition for hearing and
/
/
for a decree of presumption of the death of Lloyd Amos,as provided by the
Act of April 18,1949,P.L.512,Section 1201,20P.S.320.1201.This
Court fixed a time for hearing,and directed notice as required by law and by
court rules.Proof of service of the required notices,including the publicatio
required by law,was presented in open court on the day appointed.Said paper
were ordered filed.
On the day appointed,May 26,1969,at 10:30 o'clock A.M.,
testimony was taken by the Court.All known parties in interest were properl
notified,and the petitioner,Eleanor H.Hoffman,was represented by counsel,
Kenneth J.Yablonski,Esquire.The proceedings appeared to be regular in
all respects and in substantial compliance with the Act of Assembly pertaining
to such cases;this Court then proceeded to take testimony,and from the
testimony so taken,and the pleadings,the hearing judge makes the following
FINDThfGS OF FACT
1.The persons interested in this proceeding are the petitioner,
Eleanor H.Hoffman,sister of the presumed decedent;Elsie Amos,mother
of the presumed decedent;and the following brothers and sisters,all sui juris
Dorothy Amos,Alma Amos Howe,Ralph Amos,Janis Amos Nochta,Gwendoly
1961,thence hitherto.Lloyd Amos has not been heard of since that date.He
Amos Radcliffe,Bernice Amos Conley,Billy Amos,and Clinton Amos;and
Lloyd Amos,the subject of this proceeding.
2.All the interested parties are competent and sui juris.
I 3.Lloyd Amos was born August 11,1921,and presently would beI!if living,of the age of 48 years;he was married,and the father of two sons;I
!however,he became divorced from his wife in the year 1950 and his wife
Iremarried.The two Sons were adopted by the second husband,a Mr.Crocket,
and hence the sons are not heirs of the presumed decedent.
4.Lloyd Amos has been absent and unheard of from September 15,
1
was a permanent resident of the Village of Fredericktown,East Bethlehem
Township,Washington County,Pennsylvania,which place was his legal
domicile,and from which he has been absent from such permanent place of
residence and domicile since the said September 15,1961.1
5.Lloyd Amos left his residentejn August,1961,and when he I
1IdepartedhishomehestatedthathewasgoingtotheregionofthePocono!
Mountains in Pennsylvania to look for employment.He left this jurisdiction in!
the month of August,1961.He went to the area of the Pocono Mountains in
Pennsylvania and from that place communicated by telephone with his mother
on September 15,1961.Thereafter no communication has been had with him
and no one has any knowledge of his whereabouts.
6.All the parties interested in this proceeding have been properly
notified thereof and the subject matter of this proceeding is properly within
the jurisdiction of this court.
7.Lloyd Amos was the owner of an undivided interest in a piece
of real property in the Borough of Beallsville,Washington County,Pennsylvani ,~
his undivided interest being held together with his brothers and sisters,and
his interest therefore being a one-tenth interest in said parcel of ground.
-2-
10.On September 15,1961,the date of his disappearance from the
in Pennsylvania and at present would be 48 years of age,if living.On the datE!
11.Since the circumstances surrounding the disappearance of
.Lloyd Amos present no indication of a specific peril or any other immediate
II
8.The said Lloyd Amos was born on August 11,1921,and
therefore was aged 40 years at the time of his disappearance from the Poconm
I
I of his disappearance,he was divorced from his wife and his two natural sons
I,were later adopted by the second husband of his wife.There is no knowledgeIIofanywillwhichheleft.
I 9.Lloyd Amos had lived with his wife and children in
IFredericktown,East Bethlehem Township,Washington County,Pennsylvania,
I
H and that was his permanent domicile.I
Poconos in Pennsylvania,and likewise on September 15,1968,seven years I
!
thereafter,the heirs and next of kin of said Lloyd Amos consisted of his mothe!r,
IElsieAmos,and his nine brothers and sisters,hereinabove named.His formEjlr
wife is not an heir nor are his two sons who were legally adopted by Mr.crockltt.
i,
I
1:~
danger,the said Lloyd Amos is presumed to have lived for a period of seven
years from the date of his said disappearancff,to wit,until September 16,
12.Lloyd Amos is presumed,in fact and in law,to be dead,
intestate,unmarried,and with issue as hereinbefore named.
1965.
I
13.Lloyd Amos is presumed,in fact and in law,to have died on
September 16,1968.
CONCLUSIONS OF LAW
1.Lloyd Amos is presumed,in fact and in law,to be dead,
Iintestate,unmarried,and with no issue,but with his mother living and with
Icollaterals,his brothers and sisters hereinbefore named.
I 2.The date of death of Lloyd Amos is determined to be September
16,1968.
-3-
IN THE COURT OF COJVIl\l.[ON PLEAS OF WASHINGTON COUNTY 1 PENNA.
ORPHANS!COURT DIVISION
A Presumed Decedent.
IN RE:Estate of
LLOYD AMOS,
(
)
(
)
(
No.495 of 1969
DECREE OF COURT ESTABLISHING DEATH
AND NOW 1 January 23,1970,upon consideration of the pleadings,
testimony,and all evidence produced in this proceeding,the Court is satisfied
that the presumption of death has been properly proved;and after proper
advertising as required by the Fiduciaries Act of 1949,April 18th,P.L.512,
Section 1201,and after full hearing in open court,it is decreed that the legal
presumption of the death of Lloyd Amos is made out and established as of
September 16,1968.The Register of Wills of Washington County,Pennsylvan",
is authorized to issue Letters of Administration upon the estate of the said
Lloyd Amos to the person or persons thereunto entitled,upon proper applicatio
being made.
By the Court,
(--..~.;'\:J
,;-
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