HomeMy WebLinkAboutOC1969-1074 - ESTATE OF DAVISI
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In tqr Qrnurt nf Qrnmmnn J)lraB nf lfnBqingtnn C!tnunty,
Jrnnsyluania, ®rpqans, arnurt Jltiuisinn
ESTATE OF No. 63-69-1074
Sara V. Davis
an incopetent
In the matter of the First and Final
Account of Helen Thomas
Guardian
ADJUDICATION AND DECREE
And now May J , 19.ll_, this matter come on For hearing,
audit and distribution at this session and testimony taken; and thereupon, upon due consideration
thereof the balance for distribution in the hands of the Accountant is determined to be
$ 221.62 and the account is accordingly confirmed; and it is ordered,
adjudged and decreed that the said balance be paid out by the Accountant in accordance with the
schedule of distribution hereto attached and mode a part hereof, unless exceptions hereto be filed
sec. reg. or ar::'l appeal be taken herefrom sec. leg. · . . -
SCHEDULE OF DISTRIBUTION
Bal once per account $221.62
,.
Sal once $221.62
uct Clerk's Costs & Receipt!:. 10.50
$211.12
orney Peacock Keller Yohe & Day g~_y,./91
'Ptfl. ./4 . .s-o
Ded
Att
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son
ca.s
the estate of Sara V. Da.vis, deceased, per-
.al representative to be appointed, balance,
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h, 211.12
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NRE:
ESTATE OF
SARA V. DAVIS
an alleged incompetent.
ETITION FOR THE APPOINT-
ENT OF A GUARDIAN OF AN
NCOMPETENT
LAW 0F'F'ICES
PEACOCK, KELLER 8. YOH E
EAST BEAU BUILDING
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVAN A
IN RE: ESTATE OF
SARA V. DAVIS, Orphans' Court Division
9.n alleged incompetent. No. of 1969
PETITION FOR THE APPOINTMENT OF A GUARDIAN OF AN INCOMPETEN
To the Honorable, the Judges of said Court, the Petition of Peter
H. Smith, Executive Director of the Washington County Assistance Board,
by his attorneys~ Peacock, Keller & Yohe, respectfully petition your Honor-
able Court as follows, to wit:
1. The petitioner is Peter H. Smith, an individual who resides in
the City of Washington, Washington County, Pennsylvania, and whose busines
address is 87 West Wheeling Street, P. 0. Box 490, Washington, Pennsyl-
vania 15301.
2. Sara V. Davis is an individual who resides in the Borough of
Canonsburg, Washington County, Pennsylvania, and whose post office addres
is 119 Greenside Avenue, Canonsburg, Pennsylvania.
3. Helen Thomas is an individual who resides in the Borough of
Canonsburg, Washington County, Pennsylvania and whose post office address
is 119 Greenside Avenue, Canonsburg, Pennsylvania.
4. It is believed that the said Sara V. Davis is physically and
mentally incapable of handling her affairs or taking care of herself and is
legally ir:competent.
5. The said Helen Thomas, who conducts the Thomas Convales-
cent Home at the above address, where Sara V. Davis is and has been a
resident :or the past four years,has consented to serve as guardian of the
estate of the said Sara V. Davis, an alleged incompetent, as evidenced by the
Consent to Serve as Guardian which is attached hereto and made a part hereof
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The said Helen Thomas has no adverse interest in the estate of the alleged
incompetent, nor is she related to the alleged incompetent.
6. The said incompetent presently receives a monthly grant of
Three Hundred Thirty-eight and no/100 ($338. 00) Dollars f!·om the Depart-
ment of Public Welfare of the Commonwealth of Pennsylvania for her support
and maintenance in the said nursing home. In addition, the estate of the
alleged incompetent consists of a 1/32 interest in a certain gas well on the
Rach-el Bell farm in Smith Township which is alleged to produce an annual
royalty of Twenty-five and no/100 ($25. 00) Dollars; the only other asset of the
estat2 of the alleged incompetent is a house and lot located at 404 East B-eau
Street, in the Borough of East Washington, Washington County, Pennsyl-vania,
which house is divided into three apartments, two of which are occupied, and
which property is presently being handled by the Lenk organization, real:ors
in Washington, Pennsylvania. So far as is known, no accounting of eithe~
the royalties from the gas lease or the rentals from the property has been
made within the past year and it is contemplated that the guardian will have to
undertake the marshalling and organization of these assets in the course ::>f
her dlllties.
7. In addition, the proposed appointment is for the purpose of
designating a proper person to receive and manage public assistance payment
WHEREFORE, your petitioner prays your Honorable Court to
appoint Helen Thomas guardian of the Estate of Sara V. Davis, an alleged
incompetent, for the purpose of receiving and managing assistance payments,
with a·.1thority to execute any appropriate instruments, including reimburEe-
ment 2.greements, etc., as may be required by the Department of Public
Welfare in establishing the incompetent's continued eligibility for public
assistance, together with such other powers and authority as may be prov~ded
by law.
PEACOCK, KELLER & YOHE
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Keller,
Attorney for Peti ·
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• , I • .. .•• 1 f.J.
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COU::--JTY OF WASHINGTON )
Before me, the undersigned authority, personally appeared
Peter H. Smith, who, being duly sworn according to law, deposes and says
that tihe facts set forth in the foregoing Petition are true and correct as he
verily believes.
Sworn to and subscribed
before me this 26th day
of September , A. D., 1969.
m.~~~ Notary u 1c
· Mary Ja"& Smith, Notary Public
Wallhlngtor, Washington County, Pl.
My Commission EKpires
Ftbruary 28, 1973
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVAN A
IN RE: ESTATE OF
SARA V. DAVIS, ) Orphans 1 Court D:!.vision
an alleged incompetent. ) No. of 1969.
)
CONSENT TO SERVE AS GUARDIAN
I, Helen Thomas, being sui juris, and of sound mind and body,
and he. ving been fully informed concerning the facts in the within proceeding
and of the nature of the responsibilities involved, do hereby consent to act as
guardian for Sara V. Davis, an alleged incompetent, as the Court may direct.
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IN T:.IE COURT OF COMMON PLEAS OF WASHINGTON COUNTY1 PENNSYLVAI\ IA
IN RE: ESTATE OF
SAR..l\ v. DAVISI
an alleged incompetent.
)
)
) No. j /) 7 ~ of 1 9 6 9.
) Orphans 1 Court Division
)
INTEJ:1_LOCUTORY DECREE
AND NOW, ./~ l-<: 1 11 h { upon consideration of the
annexed petition, it is Ordered and Decreed that a Citation be awarded, as
prayed for, directed to Sara V. Davis, to show cause why she should not be
adjudged an incompetent and a guardian of her estate appointed; Citation
returnable to ~~ / cY 4 J<>1 I 7t; i ¥ 1''-""V ./f. •fY.
hearir..g on same to be held at t£e same time.
At least twenty (20) days notice of the hearing shall be given to
Sara V. Davis, the alleged incompetent, by personal service of a copy of
said petition and citation, and by service of notice upon the next of kin,
personally or by registered or certified mail.
,,
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-~-----COURT OF COI,1NON PLEAS
~ _ DIVISION ·
JJn &qr ®rpqau11' <nourt of llanqingtnn Olnuuty, Jrunnylunnin
nr RE: ( .;. (
ESTATE; OF ) )
( ( anS!~Qe~~dDf~;~~petent. l (11 ituttnn {
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NO. _l_0.._74...__.of 1969
QJnmmnmurnltlr nf Jrnnaylunnin l. !Ill:
Qlnuuty of lfasqtngton . )
To: SARA V. DAVIS
Sur Petition of: PErER H. SI·HTH, Executive Dire(~tor of the
Washington County Assistance Board,
by his Attorneys, Peacock,Keller & Yohe,
~rrrtiug:
IIr Q!ommttttrt tau, . ___ ---=.:sA:..:;.:_P.:..::..:;.A___;v~·___::n:..:;.:_Av~I::...::s;__ ___ _
that, laying aside all business and excuses whatsoever, you do file in the
Division
office of the Clerk of our Orphans' Court/of Washington County, a full and
complete answer, under oath, to each and every of the ave.rments of the said
;
petiti::m, on or before Thursday the 30th day of __ o_c_to_b_e_r ___ _J
19'J9 , at 10: 00 ' 1 k A M d h :;.... the said Sara o c oc _. . , an s ow cause wuy -------
V. Devis should not be' adjudged _an incompetent and a guardian of
her estate appointed•
and further c.bide the order of our said Court in the premtees,
If you fail hereof, the petition may be taken PRO CONFESSO and a
decrEe made against you.
WITNESS the Honcrable P. Vincent Marino, Prestdent Judge of our . . ·.
said Court, at Washington, Penna., the .2..Q..t..hday of September ·, :19Q9_.
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~.-8A~ Clerk of the Orphans' Court uiv 'n.
~P-~_c~,)~C~K~,_K~E~-~-L_E_R_,~~-Y~O~H~h~,'~--Esq.
AttorneY' for Petitioner.
(Seal)
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In the Court oTl;ommon P1eas of
Washington County, Pennsylvania
Orphans' Court Divis ion
No. 1 0 7 4 of 19 6 9
IN RE:
ESTATE OF
SARA V. DAVIS,
an alleged incompetent.
D E C R E E
(Marino, P. J.)
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Oft.P'IIAJ-f'.!ll COURT
WASHINGTON. PA.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY., PENNA. ,·
ORPHANS' COURT DIVISICN
IN RE:
ESTATE OF
No. 1074 of 1969
SARA V. DAVIS.,
)
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) an alleged incompetent.
D E C R E E
AND NOW., November 6,] , 1969., upon consideration of the
annexed petition and after a hearing held following due notice., it is
ORDERED AND DECREED that
SARi\ V. DAVIS is adjudged an incompetent.
Helen Thomas is appointed Guardian of the Estate of SARA V.
DAVIS., an incompetent.
The said Guardian is directed to file an inventory in accordance
with the provisions of Section 402 of the Incompetents' Estates Act of 135p,
as amended.
The said Guardian shall file bond with sufficient surety in
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IN THE COURT OF COMMON PLE I
OF WASHINGTON COUNTY )?ENN .... I .
~ Orphans 1 Court Division I
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lN RE:
ESTATE OF
SARA 'v. DAVIS~ ~ i j
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an incompetent. i/ l
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BOND OF SURETY :.;
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LAW OFFICES
""~1 ,•, EACOCK, KELLER 8. YOH E
EAST BEAU 8u1 LDI NO
; n8-70 EAaT Bc.a.u STI'IIe:e:T
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVAN A
ORPHANS' COURT DIVISION
IN RE:
ESTATE OF
SARA V. DAVIS1
an incompetent.
)
)
)
) No. 1074 of 1969.
)
)
)
BOND OF SURETY
KNOW ALL MEN BY THESE PRESENTS, that Aetna Life and
Casualty Company, Hartford,~ Connecticut, does hereby agree and is hereby
held and firmly bound under the Commonwealth of Pennsylvania for the use
-of the Ccmmonwealth and any other interested party,~ in the sum of One
Thousand and no/100 ($1, 000. 00) Dollars,~ to be paid to the said Common-
wealth, to which payment well and truly to be made, we do bind ourselves
with Helen Thomas.~ guardian, both jointly and severally, for and in the who~e
of our st:.ccessors and assigns firmly by these presents. Sealed with our
seal and dated the J,'{'/!, day of November, 1969 A. D.
THE CONDITION OF THIS OBLIGATION IS, That if the above bou::-1 en
Helen Thomas, guardian at the within number and term, whose individual
bond is c..ttached hereto, or any of them shall well and truly administer the
said estc..te according to law, this obligation shall be void as to those who
shall so administer the estate; but otherwise, it shall remain in force.
·-~· ."':'' .:. ,..., · ...
Charles C. Keller
Attorney-in-Fact
-(SEALI-
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It\ THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANI
ORPHANS• COURT DIVISION
IN RE:
ESTATE OF SARA V. DAVIS,
an incompetent
(
)
( No. 1 0 7 4 of 19 6 9
)
(
STATEMENT OF SURETY
KNOW ALL MEK BY THESE PRESENTS, that I, Charles C. Keller,
duly authorizEd agent of the Aetna Life and Casualty Company, Hartford,
Connecticut, surety in the sum of One Thousand and no/100 ($1, 000. 00)
Dollars on the bond of Helen Thomas, guardian of the Estate of Sara
V. Davis, an incompetent, say that the business office of this agent
is 68 Ec..st Beau Street, Washington, Washington County, Pennsylvania;
that the surety is authorized to do business in the Commonwealth of
Pennsylyania and that the Pennsylvania Insurance Commissioner has issued
to the surety a certificate dated April 1, 1969, authorizing it to become
a surety on all bonds and applications that this certificate has been
filed of record in the Court of Common Pleas of Washington County at
No. 324 March Term, 1969, A. D.; and that the surety is worth the
amount expressed in the bond, over and above the surety• s just debts
and liabilities.
l.r I I •
The A:tna Casualty .and Surety Company
• -• I ' I
Hartford, Connecticut 06115
~ ' ' '
Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact
KNOW ALL MEN BY THESE PRESENTS, THAT The JEtna Casualty and Surety Company, a corporation duly organized under the laws
of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, hath made, constimted
and appointed, and does by these presents make, constimte and appoint Ralph W. Peacock~ Charles C. Keller or Reed B.
Day *
of Washington.9 Pennsylvania , its true and lawful Attotney(s), with full power and authority hereby conferred to sign,
execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated
, the following instrument ( s) :
by his sole signamre and act, any an.d all bonds, recognizances, contracts of indemnity, and other writings obligatory in the namre of a bond, recog-
nizance, or conditional undertaking, and any and all consents incident thereto not . exceeding the sum of ONE HUNDRED THOUSAND
($100 9 000.00) DOLLARS *
and to bind The JEtna Casualty and Surety. Company, thereby as fully and to the same extent as if the sa:ne were signed by the duly authorized ::>fficers
of The JEtna Casualty and Surety Company, and all the acts of said Attorney ( s), pursuant to the authority herein given, are hereby ratified and con-
firmed.
This appointment is made under and by authority of the following provisions of the By-laws of the Company which provisions are now in full
force and effect ~nd are the only applicable provisions of said By-laws.
ARTICLE IV-Section 8. The President, any Vice President, or any Secretary may from time to time appoint Resident Vice Presidents, Resident Assistan: Secre-
taries, Attorneys-in-Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority.
may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of ip.demnity, and other writings obligatory
in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any s.1ch ap-
pointee and revoke the power and authority given him.
ARTICLE IV-Section 10. Any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance," or conditional undutaking
shall be valid and binding upon the Company when (a) signed by the President or a Vice President or by a Resident Vice President, pursuant to the power
prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the Company's seal by a Secretary or .Assistant
Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or (b)
duly executed (under seal, if required) by one or more Attorneys-in-Fact pursuant to the power prescribed in his or their certificate or certificate! of au-
thority.
This Power of Attorney and Certificate of Authority is"signed and sealed by facsimile under and by authority of the following Resolution voted by the
Board of Directors of The JEtna Casualty and Surety Company at a meeting duly called and held on the 18th day of December, 1964.
RESOLVED: That the signature of Guy E. Mann, Senior Vice President, or of A. H. Anderson, Vice President, or of D. N. Gage, Secretary, or of C. K.
Spaw, Secretary, or of N. H. Pfanstiel, Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate ~elating
thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and under-
takings and. other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any. such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon
the Company in the future with respect to any bond or undertaking to which it is attached. ·
INWITNESS WHEREOF, The JEtna Casualty and Surety Company has caused these presents to be signed by its Secretary
State of Connecticut
County of Hartford
, and its corporate seal to be hereto affixed, this 7th day of October , A.D., 19 66o
The JEtna Casualty and Surety Company
} ss. Hartford
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··•••••••••••••••••• ••••• """""""'""""""'""""":':!."""""""""'"""'""""'"""0 Secreta
On this 7th day of October , A.D., 19 66 , before me personally came Do N. GAGE
to me known, who, being by m~ duly sworn, did depose and say: that he is Secretary of
The JEtna Casualty and Surety Company, the corporation described. i!J. and which executed the above instrument, at its Home-Office; that he knows
the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; and that he executed the said instrument on behalf of the
corporation by authority of his office under the By-laws thereof.
~J~--------
'iammission expires Maich 31, 19 70 0
CERTIFICATE
I, the undersigned, Secretary of The JE:na Casualty and Surety Company, a stock
corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority ~emains
in full force and has not been revoked; and furthermore, that Article IV-Sections 8 and 10, of the By-laws of the Company, and the Resolutio1:. of the
Board of Directors, as set forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the <:;icy of Hartford, State of Connecticut. Dated this day of
A.D., 19
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(S-1922-A) (M) 5-65
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVA HA
IN RE:
ESTATE OF
SARA V. DAVIS,
ar_ incompetent.
ORPHANS 1 COURT DIVISION
)
)
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) No. 1 0 7 4 o_f 19 6 9.
)
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BOND OF GUARDIAN
KNOW ALL MEN BY THESE PRESENTS, that I, Helen Thomas,
an individual, residing at 119 Greenside Avenue, Canonsburg, Washingtor_
County, Pennsylvania, am held firmly bound unto the Commonwealth of
Pennsylvania., for the use of the Estate of Sara V. Davis, an incompetent,
in the sum of One Thousand and no/100 ($1, 000. 00) Dollars, to be paid to
this Commonwealth to which payment, well and truly to be made, I do
bind myself, for and in the whole, my heirs, executors, administrators,
successors and assigns, and each and every one of them, firmly by these
presents.
Sealed with my seal and dated this ..,;/f~ day of~,
1969.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the abc·ve
bounden guardian shall well and truly administer the estate according to
law, ihis obligation shall be void; but otherwise it shall remain in force.
Signed, sealed in the
presence of:
<)CJ~ ~SEAL)
Helen Thomas
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COURT OF COMMON PLEAS 01
WASIITNGTON COUNTY,PENNA.
Orphans' Court Division
Nn 1 ()'7LL r.-1' 1 a~ a
IN RE:
ES.TATE OF SARA v·. DAVIE
·an incompetent
FIRST ANL> FINAL ACCOUNT 01
HELEN THOMAS, GUARDIAN OF
THE ESTATE OF SARA V. DAVI
LAW OFFICES
PEACOCK, KELLER, YOHE S. DAY
EAST BEAU BUILDING
68-70 EAST BEAU STREET
WASI-II~JCTO~J, PA.I6301
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COURT OF COMMON PLEAS OF WASHINGTON COUNTY,
ORPHANS' COURT DIVISION
IN RE:
ESTATE OF SARA V. DAVIS
an incompetent
(
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( No. 1074 of 1969
(
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FIRST AND FINAL ACCOUNT OF HELEN THOMAS, GUARDIAN.
OF THE ESTATE OF SARA V. DAVIS
SUMMARY
INCOME -PERSONALTY
SCHEDULE A
Receipts, Page 2 333. 00
Disbursements, Page 2 333. 00
Balance-Income-Personalty $ None
INCOME -REALTY
SCHEDULE B
Receipts, Page 3 538.88
D:.sbursements, Page 3 317.26
Balance -Income -Realty $221. 62
Tne Balance consists of the following:
Cash $221.62
. ' ....
SCHEDULE A
INCOME -PERSONALTY
RECEIPTS
Department of Public Welfare Assistance checks
paid for care and maintenance of Sara Y.
Davis from November 13~ 1969 to January
13, 1970
TOTAL
SCHEDULE A
INCOME-PERSONALTY
DISBURSEMENTS
Guardian's payments to Thomas Convalescent
Home for care and maintenance of Sara
V. Davis from November 13, 1969 to
January 13, 1970
TOTAL
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$ 333.00
$ 333.00
$ 333.00
$ 333. 00
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SCHEDULE B
INCOME -REALTY
RECEIPTS
Aecounting of George Lenk,. Real Estate Agent,
for income from and expenditures for real property
from May 19, 1964 to January 12, 1970; See attached
Schedule C
Collection of rent by Guardian
Rent from Hilda Thomas, tenant
January 1970
February 1970
March 1970
April 1970
Rent from Paul C. & Betty
Ringer, tenants
Utilities:
February 1970
March 1970
SCHEDULE B
INCOME ... REALTY
DISBURSEMENTS
West Penn Power Company
February 10, 1970
Columbia Gas
Guardian1 s attorneys fee paid
to Peacock, Keller, Yohe & Day
during administration
Professional services rendered
50.00
50.00
50,00
50.00
50.00
50.00
1. 26
28. 00
during guardianship 200. 00
Preparation and filing
of guardians account 75.00
Reimbursement for certified
copies of Decree of Court
Reimbursement of premium
paid for guardian1 s bond
3.00
10.00
Total
TOTAL
$ 238.88
300.00
$ 538 •. 88
29.26
288.00
$ 317. 26
. ''
COURT OF COMMON PLEAS OF WASHINGTON COUNTY
ORPHANS' COURT DIVISION
IN RE:
No. 1074 of 1969
ESTATE OF SARA V. DAVIS,
an incompetent
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA ( ( ss.
COUNTY OF WASHINGTON (
I, HELEN THOMAS, being duly sworn according to law, do
declare and say that I am the Guardian of the Estate of Sara V. Davis,
an incompetent, now deceased,· and that the foregoing Account, as
stated, is a just and true accounting, as to all items of both incone
and disbursement, to the best of my knowledge, information and belief.
Sworn to and subscribed
before me this;?;{ ,.._,!....day of
Mary Jane Smith, Notary Public
Was•ington, Washington County, Pa.
My Commission Expires
February 28, 1973
elen Thomas
f.' ........ ·\'. • • .,
1965
1966
1967
Mrs. Helen Thomas
Guardial of the Estate of Sarah Davis
119 Greenside Avenue
Canonsburg, Penna. 15317
Dear Mrs. Thomas:
January 1.2, 1970
·'
The following is a statement of Income and Ex:pendi tures from Hay 19, 1964 be-
ing the first income received for the property located 404-406 East Beau Street, ,
East \•Jashington, Pennsylvania, to the present date: .-
INCOME:
1964 date paid
Plants June rent $50.00 5-19 & 5-22 1964 II July rent 50.00 7-3 & 7-10
II August rent 50.00 8-3 & 8-15.
Sellers 9-15 to 9-30 rent "22.50 9-2
Plants Sept rent 50.00 9-18 & 9-25
Sellers & Bedula Oct. rent 45.00 10-2
Plants II II 50.00 10-8 & 10-23
Bedula Nov. t rent 22.50 n-<>
Sellers Nov. t rent 22.50 11-<>
Plants Nov. rent 50.00 n-<> & 11-20
Bedula & Sellers Dec. rent 45.00 ll-<> & 12-3
Plants Dec. rent 50.00 12-18
Bedula & Sellers Jan. rent 45.00 1-5-<>5
II II Feb. rent 45.00 1-5-<>5
Plants Jan. rent / 50.00 2-5-<>5
II Feb. rent 50.00 2-5-Bedula & Sellers Mar. rent 45.00 3-1 & 3~2
Plants Mar. rent 50.00 . 3-27 & 4-2 Bedula & Sellers Apr. rent 45.00 4-6 & 4-7 Plants ~lpr. rent -;o.oo 4-30 Bedula & Sellers May rent 45.00 5-4
Plants May rent 50.00 6-4
Bedula & Sellers 6-1 to 10 rent 9.00 6-16 & 7-16
Plants June rent 50.00 7-12
Thomas Aug. rent 50.00 7-31
II Sept. rent 50.00 8-30
Plants July rent 50.00 8-24
Cash advance 1000.00 9-9 Plants Aug. rent 50.00 10-1
Thomas Octl rent 50.00 10-8
Mc\~reat};I Dairy refund 1.00 10-9
Plants Sept. rent 50.00 10-9 & 11-20
II Oct. rent 50.00 11-20 & 12-31
Thomas Nov. rent 50.00 12-18
II Dec. rent 50.00 ~ 1-15-<>6
Plants Nov. rent 50.00 12-31 & 1-29
Plants Dec. rent 50.00 1-29 & 3-5 Thomas Jan. rent 50.00 2-11 & 2-25
Bell Telephone Co. refund .53 2-17
Plants Jan. rent 50.00 3-5 & 4-8
Thomas Feb• rent 50.00 3-11 & 4-9 Thomas March rent 50.00 4-9 & 5-7
Plants Feb. rent 50.00 4-8
Plants March rent 50.00 5-3 Cash Advance 1000.00 5-20
Thomas April rent 50.00 6-3 & 7-2
It May rent 50.00 7-2 & 7-29
II June rent 50.00 7-29 & 8-15
II July rent 50.00 8-15
II Aug. rent 50.00 8-15
II Sept. rent 50.00 9-23 & 10-21
II Oct. Rent 50.00 11-4 & 12-3
Morrisey Dec. rent 60.00 11-5 & 11-15
Thomas Nov. rent 50.00 12-30~
Morrisey Jan. rent 60~00 1-4-67
Thomas Dec. rent 50.00 1;..30-67
Morrisey Feb. rent 60.00 2-1
Thomas Jan. rent 50.00 -2-:-27
Morrisey :t-1arch rent 60.00· 3-3
Thomas Feb. rent 50.00 3-24 Morrisey April rent 60.00 4-3 Thomas March rent 50.00 4-24
SCHEDULE "C"
' r.
' . e . ' ..
Page 2
Morrisey May rent
Thomas April rent
Thomas May rent
Morrisey June rent
Thomas June rent
Morrisey July rent
Thomas July rent
Morrisey August rent
Thomas August rent
Morrisey Sept. rent
It Oct. rent
Thomas Sept. rent
II Oct. rent
Morrisey Nov. rent
Thomas Nov. rent
n Dec. rent
Morrisey Dec. rent
II Jan. rent
Thomas Jan. rent
Morrisey Feb •. rent
Thomas Feb. rent
Morrisey March rent
II April rent
Thomas March rent
II April rent
Morrisey May rent
Thomas May rent
Morrisey June rent
Thomas June rent
Thomas July rent
Morrisey July rent
II Aug. rent
Thomas Aug. rent
Morrisey Sept. rent
Thomas Sept. rent
Morrisey Oct. rent
Thomas Oct. rent
Morrisey Nov. rent
Thomas Nov. rent
II Dec. rent
Morrisey Dec. rent
II Jan. rent
Thomas Jan. rent
Morrisey Feb. rent
II Mar. rent
Thgmas Feb. rent
n Mar. rent
Morrisey April rent
Sanders June rent
n July rent
Thomas April rent
II May rent
It June rent
Sanders August pt. rent
Thomas July rent
II August rent
II Sept. rent
II Oct. rent
II Nov. pt. rent
Ringer Jan. rent
Total income
Amount paid to Davis to 4-29-54
Money advanced I
Refunds
Rents in account from 4-29-65 to 1-12-70
Total income
60.00 4-29
50.00 4-24 & 5-20
50.00 5-20 & 6-19
60.00 6-2
50.00 7-l & 7-26
60.00 7-3
50.00 7-26 & 8-25
60.00 7-31
50.00 8-25 & 9-25
60.00 9-l
60.00 9-30
50.00 9-25 & 11-l
50.00 ll-1 & 11-20
6o.·oo 11-2
50.00 11-20 & 12~29
50.00 12-29 & l-27-68
60.00 12-4
60.00 l-4-$8
501007 C: 2-2:31-27 & 2-23
60.00 2-3
50.00 2-23 & 3-21
60.00 3-5
60.00 4-l
50.00 3-21 & 4-19
50.00 4-19 & 5-20
60 •. 00 5-3
50.00 5-20 & 6-3
60.00 6-4
50.00 6-28
50.00 7-27 &;8-12
60.00 ~ 7-8
60.00 8-6
50.00 8-26 & 9-20
60.00 9-12
50.00 9-20 & 11-6
60.00 10-15
50.00 11-6 & 11-29
60.00 11-18
50.00 11-29& 12-26
50.00 2-8-69 & 12-26
60.00 1-2-69
60.00 l-30
50.00 2-8 & 3-22
60.00 2-14
60.00 3-3
50.00 3-7 & 3-21
50.00 4-3 & 4-19
60.00 4-10
65.00 5-24 allowed for repairs
50.00 6-2 & 5-16
50.00 6-2 & 6-27
50.00 7-25
40.00 8-11
50.00 8-29
50.00 9-20
50.00 11-1
50.00 11-29
25.00 12-26
50.00 1-3-69
7963.03
837-50
2000.00
1.53
2839.03
5124.00
7963.03
~ , .. . . '. •"
Pa:~ 3 -· ...
EXPENDITURES:
1964
Check to Davis 25.00 6-3-64 commission 25.00 6-3 Chec~ to Davis 47.50 7-10 commission 2.50 7-10 Check to.Davis 47.50 8-17 Commission 2.50 8-17 Check to Davis 47.50 9-25 Commission 2.50 9-25 Check to Davis 72.37 10-10 Commission 25.13 10-10 Check to Davis 90.25 11-7 Commission 4.75 11-7 Acme paint 21.35 12-4 .Gheck to Davis 40.45 12-5 Commission 3.20 12-5 Check to Davis 47.50 12-31 _ Commission • K •-· •• -...·.-· ._,._.., ______ •• ----··---·-· . 2:.50 12-31 -· Check. to DaVis ___ --· 133.00 ... 2-5-65 Commission 7.00 4-8
Check to Davis 90.25 3-3 Commission 4.75 343 McVehil Plumbing 18.14 4-8 Check to Davis 72.ll 4-8 Commission
To NUrsing Home-expenses 4-29-1965 and on.
4.75 4-8
Columbia Gas 20.49 4-29 Citizens Yater 7.98 4-29 Bell Telephone 3.75 4-29 West Penn Power 7.86 4-29 Allowed P>lants-opening drain 10.00 4-30 Bell Telephone 3.86 5-21
Wash-E.Wash Joint Authority 13.41 5-21
Columbia Gas 10.06 6-3 West Penn Power 3.44 6-3 1965 Wash. County Taxes 40.70 7-6
Columbia Gas 9.10 7-6
West Penn Power 1.42 7-6
Citizens Water 5.40 7-26
West Penn Power 1.29 7-27
Columbia Gas 8.63 7-27
Bell Telephone 1.85 8-16
Wash.E.Wash Joint Authority 3.97 8-16
West Penn Power 1.74 9-2
Columbia Gas 11.10 9-2
Wash.E.Wash Joint Authority 11.53 9-3
Thomas Conv.Home-May thru August &
Dr.Slone $20.00 320.00 9-9
Thomas Conv.Home-May thru August &
Dr.Slone $20.00 320.00 9-9
1965 E.Wash.Boro Tax 154.50 9-9
1965 Wash.County Tax 200.38 9-9
McWreath Dairy 44.77 9-9
Anderson & Pollock-Insurance 47.79 9-9
Bell Telephone 1.25 9-17
West Penn Power 1.05 9-23
Columbia Gas 21.00 9-23 Columbia Ga:m 21.00 10-26 West P·enn Power 1.05 1026
Citizens Water 5.40 10-26
Pharmacy 2.95 10-26
Bell Telephone 1.15 10-26
Bell Telephone 1.15 11-15
Wash. E. Wash. joint Authority 3.97 ll-16
Columbia Gas 21.00 11-22
West Penn Power 1.05 11-23
Anderson & Pollock-Insurance 20.45 12-1
Thomas Conv. Home-September 120.00 12-8
Eell Telephone 1.15 12-14
West Penn Power 1.05 12-23
Columbia Gas 21.00 12-24_
1966 -. --.. _ .. --· ,. .. ...,._,.. ·---~ . -· ··----1.:08 1-17-66 Bell Telephone
Citizens Water 5.40 1-19
Columbia Gas 21.00 1-24
West Penn Power 1.05 1-25
)·~ .. e ' ;
' ' . . . •"
-.' Page 4
Wash.E.Wash.Joint Authority
..
3.97 2-11 I
Columbia Gas 21.00 2-23
West Penn Power 1.05 2-24
West Penn Power 1.05 3-29
Columbia Gas 21.00 3-29
McVehil Plumbing 19.69 4-7
Citizens Water 5.40 4-19
Columbia Gas 21.00 4-25
West Penn Power 1.05 4-26
Wash.E.Wash.Joint Authority 3.97 5-14
Thomas Conv.Home-J"an.Feb.Ha.r.
April & May 1966 ., 900.00 5-19
Geo.L.Lenk Org.-Insura.nce 68.00 5-20
Columbia Gas 36.00 5-24
West Penn Power 1.05 5-24
West Penn Power 1.05 6-24
Columbia Gas 36.00 6-24
Wa.sh.Boro.Tax.l966 40.48 7-20
School Tax 1966 146.94 7-20
Wa.sh.County Tax 1966 40.70 7-20
Citizens Water 5.40 7-29
West Penn Power 1.05 7-29
Columbia. Gas 36.00 7-29
Wash.E.'f..,l"ash.Joint Authority 3.97 8-17
West Penn P'ower 1.05 8-26
Columbia Gas 36.00 8-26
Soc.Sec. Medical 36.00 9-23
West Penn Power ' 1.05 9-23
Columbia Gas 30.00 9-23
McVehil Plumbing 7.80 10-6
Citizens.Water 5.40 10-20
West Penn Power 1.05 10-22
Columbia Gas 30.00 10-22
Reed Contractor 7.55 11-8
II II -37.00 11-15
Wash.E.yrash.Joint Authority 3.97 '11-21
Columbia Gas 30.00 11-25
West Penn Power 1.05 11-28
Soc.Sec.Medicd 18.00 12-9
Columbia Gas 30.00 12-27
West Penn Power 1.05 12-27
-1967 . McVehil 12.'50 1-16-67
Reed Contractor 60.17 1-16
Geo.L.Lenk Org.-Liab.Insurance 19.00 1-16
Acme Paint 23.00 1-16
Citizens \~ater 5.40 1-20
Columbia Gas 30.00 2-1
'&est Penn Power 1~05 2-1
Reed Contractor 17.00 2-27
Columbia Gas 30.00 -3-1
West Penn Power 1.05 3-1
Wash.E.~Jash.Joint Authority 3~97 3-1
Soc.Sec. Medical 18.00 3-10
Reed Contractor 12.00 3-16
Columbia Gas 30.00 3-28
West Penn Power 1.05 4-3
Citizens Water Co. 5.40 4-20
Columbia Gas 30.00 ·;-l.jJd
West Penn Power 1.05 5-l
Columbia Gas 30.00 6-1
West Penn Power 1.05 6-3
Wash.E.Wash.Joint Authority 3.97 6-3
1967 Wash.Co. Taxes 40.70 6-18
Soc.Sec.Medical 9.00 6-19
So~.Sec.Medical 9.00 6-19
Columbia Gas 30.00 6-29
\-lest Penn Power 1.05 7-6
1967 Bore & School Taxes 187.42 7-15
Thomas Conv. Home 75.00 7-17
Citizens Water Co. 5.40 7-28
West Penn Power 1.05 7-31
Columbia Gas 28.56 7-31
Columbia Gas 7.55 8-30
West P'enn Power 1.05 9-1
Wash.E.Wash.Joint Authority 3.97 9-1
Soc.Sec.Medical 9.00 9-19
Thomas Conv.Home 75.00 9-19
,-0•:.·. · ... ·
:Page 5'
· ·.· Colu.lnbia Gas
West Penn Power
Citizens Water
Columbia Gas
West Penn Power
Wash.E.Wash. Joint A utpority
1968 West Penn Power
Columbia Gas
Soc.Sec.Medical
Columbia Gas
West Penn Power
Citizens Water
West Penn Power
Columbia Gas
Wash.E.Wash.Joint Au~hority
Sa.r:. Sec.Medical
Columbia Gas
~est Penn Power Co.
Citizens Water
Columbia Gas
Dever-Surveyor
West Penn Power
Wash.E.Wash.Joint Authority
Columbia Gas
West Penn Power
Columbia Gas
West Penn Power
1968 Wash.Co.Taxes
Reed Contractor
Citizens Water
Columbia Gas
West Penn Power
1968 E.Wash.Borough Tax
1968 School Tax
Columbia Gas
Wash.E.Wash.Joint Authority
West· Penn Power
West Penn P·ower
Columbia Gas
Colonial Pharmacy
Citizens Water
Columbia Gas
West Penn Power
Columbia Gas
West Penn Power
Wash.E.Wash.Joint Authority
1969 Columbia Gas
West Penn Power
Colonial Pharmacy
Citizens Water
Columbia Gas
West Penn Power
Columbia Gas
West Penn Power
Wash.E.Wash.Joint Authority
Colonial Pharmacy
Columbia Gas
West Penn Power
Colonial Pharmacy
Citizens Water
Columbia Gas
West Penn Power
Geo.L.Lerik Org-Fire Insurance
Columbia Gas
West Penn Power
Wash.E.Wash.Joint Authority
Colonial Pharmacy
1969 County Tax
Jones-tree cutting
Columbia Gas
West Penn Power
Colonial Pharmacy
Columbia Gas
Citizens Water
West Penn Power
1969 School Tax
1969 E.Wash Borough Tax
'· • 27~00
1.05
5.40
27.00
1.05
3.97
1.05
27.00
9.00
27.00
1.06
5.40
1.06
27.00
3.97
12.00
27.00
1.06
5.40
34.00
60.00
1.06
3.97
.34.00 . 1.06
34.00
1.06
46.51
1.37.97
5.40
.34.00
1.06
44.98
146.94
28.00
.3.97
1.06
1.06
28.00
47.10
5.40
28.00
1.06
28.00
1.06
.3.97
28.00
1.06
.3.3.20
5.40
28.00
1.06
28.00
1.26
.3.97
8.25
28.00
1.06
6.25
5.40
28.00
1.06
71.00
28.00
1.06
.3.97
.3.50
52 • .3.3
2.35.00
28.00
1.06
.3.00
28.00
5.40
1.06
146.94
5.3. 98
•
9-29
10-.3
10-.30
10-.30
ll-.30
11-.30
l-.3-68
l-.3
l-3
l-27
l-27
1-27
2-27
2-27
2-27
.3-12
.3-29
4-1
4-23
4-29
5-l
5-l
5-28
5-2Si·
6-4
6-28
7-.3
7-8
7-12
7-24
7-29
8-2
8-9
8-19
8-27
8-27.
9-.3
9-27
9-27
10-25
10-28
10-28
10-28
ll-~5
12-2
12-2
l-2-69
l-2
l-7
l-28
1-28
2-.3
2-26
.3-4
.3-5
.3-21
.3-27
4-.3
4-8
4-28
4-28
5-5
5-16
6-2
6-2
6-2
6-6
6-11
6-14
6-26
7-.3
7-10
7-28
7-29
8-4
8-6
8-6
· ..
• , 11 I ft
" • l '• #-
v
. Page· p' . ' · Colonial Pharmacy
Columbia Gas
Wash.E.Wash.Joint Authority
West Penn Power
Colonial Pharmacy
MCVehil Pharmacy
Reed Construction
Columbia Gas
West Penn P;ower
Colonial Pharmacy·
Columbia Gas
West Penn Power
Citizens Water
Columbia Gas
Colonial Pharmacy?
lrlest Penn Power
Wash.E.Wash.Joint Authority
Colonial Pharmacy
West Penn Power
Columbia Gas
Commission
1970 Harold Agcy.-Liability Ins.
Colonial Pharmacy
Citizens Water
McVehil Plumbing
Cleaning house
West Penn Power
Columbia Gas
Total expenditures
Balance in account • • •
Our check herewith enclosed.
GLL/mg
Encs.
, .
.. .4 ., I> e
.I
3.50 8-11
28.00 8-26
3.97 8-26
1.06 9-3
7.00 9-25
6.00 9-25
15.18 9-25
28.00 9-26
1.06 9-26
7.00 10-14
28.00 10-27
1.06 10-27
5.40 ll-3
28.00 ll-26
7.00 ll-26
2.44 12-l
4.14 12-6
).50 12-20
ll.5l 12-20
28.00 12-20
512.40 l:l-12-69
36.00 l-2
7.00 l-12
5.40 l-10
173.63 l-12
6.50 4-29-65
1.05 11-1-67
27.00 11-30-67
7724.15
• $238.88
Respectfully submitted,
GEO. L. LENK ORGANIZATION
~i2?d
Geo. L. Lenk
.. . '.
P. s. The following are sewage liens that are filed against the property. They
can be paid now or when the property is sold.
Plants 66.4l~C
Sanders 5. 52 _
71.69
Another bundle of taxareceipts, etc. will follow immediately.
In the early part of the collection of rents, we had secured a tenant at
$50.00 per month rent which we received i of first months rent and issued
a check to the Davis sisters for $25.00 being the balance of said rent.
The check never has come back. I presume the account would owe the account
the $25.00.
.
'
-, -~~ . .-.-. ' . ':' :.':·· .. . ~ ... ~; .. : .
In the matter oi the .Audit o! .Account in ... :.
Esbteor~-~~S~A~R~A~~V~·-D~A~V1~S~.~a~n~---·-·--/
.... incompetent ·
. .
· ·· .'· : '· ··To THE AUDITl:-rG JUDGE: . . . . . .. -~ .. .. · ..
1074 of No. __ ~
..· .. · ... . . . .. ~ . . : ~ :. . ; . . -~ ~ -... ..:.· . . . . .. . : . . .
• · • ... Enter __ ......::o~u:::.:' r::._ ____ ~· appearance cor the Gtiard1an, · M-rs. : Helen Thcrmas ·.
I ..
69 . 19 __ , A.A.
. ~r·;.· .
YOHE & DAY . · ..
-· ..
. ·.·· ....
.. ·.
. ...
. . . . ..
. :. . N.B.-Counsel shall, by separate j)3.per, present a conctse statem.ent oC each
claim, '9.-!th supporting ca.lc'.Jiation oC anr interest claimed. Objections
. . to an account ns filed, shall be concisely stated in a separate paper .
. . -......... · ---·-... Council. suggesting proper distribution shall file a separate concise sta.te-
m.enlln. tha.t regard. . .
. . ..
.....
. . ' . . . ·• .. . .: . ,·
--.---------·-·~ ---
· .
. ........ ":"-·-·: ~. ~-
.···
Form for Guardian or Trustee
Jrtitinn ~ur Auilit
Jn Wqr ®rpqans· illnurt nf Dltaaqingtnn Qlnunty
Filed at No ...... l.O..J.~ .................. of 196 ... ~.
Fiduciarr .. Mr..s ..... Hcl.e.n .. IhQmas.,. ... Guru::d.ian ........
For ..................................................................................................................... ..
Place of record
minor-incompetent-life tenant
of _appointment ...................................................................... -................... ..
Date of trust
or guardianship ... No.v.emb.e.r. ... 1.3 ..... 1.9.6..9.: ..... Helen .. Ihomas appointed Guardian
If there have been former accounts
filed in this estate, list:
Reason for filing this account ..... 1nc.o.m.p.etent... ... Sar.a .. .Y. ..... D.a:vis0 .... died.J.anuar.;y ... l3o-... 1.9 . .'Z.O ................................... .
All persons having any interest, vested or contingent (including claimants), in the fund now before the Court,
with the nature of their interests are: Commonwealth of Pennsylvania, . Department of Public
Welfare: Public assistance provided to incompetent from October 26, .1963 to date of
death, January 13, 1970: $13, 624.18. ·
Dr. Grant E.'1 Hess: residuary'.beneficiary)n Will {1 I 6th interest)
Mary Galbraith: " " 11 11 u
Ada Dougherty: " 11 ,. 11 11
Dorothy. Mounts: 11 11 " u 11
Marian Dietrichkeit: -11 • 11 11 11 "
First Presbyterian Church, 11 ·
W ashin~on Pa. 11 11 H" " All or said' parties have received notice as required by the Court Rules except as follows:
The fund now before the Court is subject to the following taxes:
NONE
Set forth any legal problems requiring adjudication by the Court or difficulties that must be met in dis~ribution:
NONE
)" .
Balance for distribution per account,
Additional debits not shown in account:
t: Indicate whether income or principal)
Additional credits not shown in account:
(Indicate whether income or principal)
Balance for distribution
Principal $ ................. Q ...................................... ..
Income $ .......... .2.al .... 6.2.............................. ,
Total additional debits $ ................. 9. ...................................... ..
Total additional credits $ ................. 0 ....................................... .
Principal $ .................... 0 ..................................... .
Income $ ............. 2 . .2.1. ... 6.2 ........................... .
Total $ ............. 2 .. ~.! .•.. 9.2 .......................... ..
If the balance for distribution is not in cash, list items held in kind with carrying. value designated, and if this is
a distributi6n account, file elections to take in kind for all items so listed: . . . '
Balance for dist:ribution consists entirely of cash •
. ,)
·•'
·~ .,
... {
\
rr
--·-······· ---
Set forth accountants suggestion as to manner and form of distribution to be made, awards to be stated in pro-
portions unless specific amounts or items are designated by instrument under which estate is being distribut=d: ·
Accountant respectfully suggests that the bala:1ce of $221.62 in cash in
this account be distributed to the Commonwealth of Pennsylvania~ Department cf
Public Welfare, in partial payment of the $13~ 624. 18 amount owed on behalf of
Sara V. Davis for public assistance received during her lifetime~ as evidenced by
the probate of account provided by the Department of -Public Welfare.
INFORMATIONAL NOTE:
After the death of Sara V. Davis on January 13~ 1970_. Peacock~ Keller~
Yohe & Day received authority from the Commonwealth of Pennsylvania,. Department
of Public Welfare~ to receive the monthly rental checks from the tenants at the 404
and 406 East Beau Street property owned by Miss Davis. The tenants were respectively
Mrs. Hilda Thomas and Paul C. Ringer., et ux. The Department further authorized
this form to make disbursements for the necessary utility bills as long as these tenants
occupied the Davis premises.
Accordingly., from May 7~ 1970 until January·13~ 1971~ rental collections
w_ere made in the amounts of $550. 00, and disbursements were paid in the amount of
$368.96. A balance of $181.04 is held by Peacock., Keller., Yohe & Day and will be
turned over to a personal representative when one is appointed for the Estate of
Sara V. Davis, deceased. As the Guardian,. Helen Thomas_, made no collections
and no disbursements after the date of the iro.9mpetent' s death_, these amounts were
not reflected on the Guardian's accounts.
COUNTY OF WASHINGTON,
COMMONWEALTH OF PENNSYLVANIA,
The above named Fiduciary or representative thereof,
being duly.~ ...... doth depose and say that the
facts set for8}1 in the foregoing petition are true to the
bes}7of ...... ~ ........... knowledge and belief.
~ .... to and subscribed before me
._. L c rt, .. ~/') -1 · ?J This ................................. ~ .. day of ......... fl.:;:/.m~:r· ........ ..J. 918 .... .
-I /I Signature of Officer. .... .......... . . ......... ................... . .. ~
Title oi Officer ... /7)~~ .
Office expires ........... ~~-I. .... :Z. .. J.._ .. ../ .. 9 ... ?.. .. ~ ........... .
' /
Mary Jane Sml~ll, Notary Public
Waslllngton, Wa~hlngton County, P&
· My Commrsslon Expires
February 28, 1973
And your petitioner will ever pray, etc.
·.J...MA4J..~~---···J1..~~
i I
J
J
-J
_)
. /
Jrtitinn ~ur ktiltt
IN THE
OF WAS~INGTON COUNTY
FORM USED FOR GUARDIAN-INCOMPETENTS
· -OR TRUSTEES
I ..
~~ ... J~Q.1.:!: ........... of 196.~ ........ · · -~
. ESTATE OF .... : ... S..A.M ... .Y..; ... J2A.Y.J$~. ..... 9:.D-. ................ .
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FOR ........ .' .............................................................................................................. .
•··································································································································· ~ minor-incompetent-life tenant
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···--·;--········--···----···--··--·········--···--------··--····j"'"''''''''""'"'''"'"''''''''''''''''''''''''''
. ~ .
Counsel for ; the accountant shall. suomi~ herewith the
following, if pertinent:
1. Will or trust instr~ment-attested.
2; lnventor,y.
3_. Sig~ed elections of items to· be taken in kind-
.if distribution account:
4. Stipulation or certificate by minor approving
account. · ' _ :
5. J>raecip~ for those ,represented. ·-i
6. Brief-for any question of law raised.
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Counsel for accountant.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA.
IN RE:
ORPHANS' COURT DIVISION
)
)
ESTATE OF ) No. 1074 of 1969
)
S.~ RA V. DAVIS, )
ooC )
~ ~.Jl :inc~mpetent. ) > " ~ 0 :;:
= a ~
:;: a
HEARING ON AUDIT
t BEFORE: THE HONORABLE P. VINCENT MARINO, Judg
of the said Court.
:;: . x Ill ~ ...
~APPEARANCES: PEACOCK, KELLER, YOHE & DAY, ESQS., of
Washington, Pa., representing the Accountant. .. CJ 2
ell
l· ~TIME:
l ~ " CJ.
Tuesday, March 16, 1971, at 10:00 o'clock A. M ,
EST.
[THE COURT: Number 1074 of 1969, the estate of Sara V. Dav s,
II C· II II II .. ! c t;
Cl
an incompetent. The Guardian is Heien Thomas and the attorneys
are Peacock, Keller, Yohe & Day. Mr. Ecker?
~ MR. ECKER: If the Court please, this is the audit of an accou ~t
II; c
of &.!guardian. Mrs. Thomas was appointed on November 13, 1969
as guardian of the estate of Sara V. Davis. The reason for the
account is that Miss Da-v~is died January 13, 1970. We have prepa reC.
the account and attached a copy of the accounting from Mr. Lenk,
who had previously administered this property. That is the reasor
that was attached.
j
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)
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THE COURT: He wasn't appointed by the Court. He had simpl
administered the property under the direction of one of the owners.
MR. ECKER: That is correct. He made an accounting to Mrs.
Thomas, but we attached that for the Court's information. And
the balance consists of $221.62 in cash. The accountant suggests
to the Court that the money be distributed to the Department of
Public Welfare and I am handing up a claim for in excess of
$13, OOOCthat is outstanding. There is no administration raised as
yet. Although we are in the process of obtaining the Renunciation
form so that the department's representative can be appointed to
ti administer the estate.
~ II)
ii THE COURT: The decedent's estate.
J ~ 0: c MR. ECKER: :I .,
5 THE COURT:
The decedent's estate, correct, Your Honor.
Now you are asking that the balance now in the
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hands of the fiduciary be paid to whom?
~MR. ECKER: To the appropriate representative for the ... a: :I 0 u
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Department of Public Welfare.
~THE COURT: For what purpose?
IL 0
MR. ECKER: Tliis would be an outstanding claim for $13, 624. 0
which is part of this probate of account, which I will hand up.
THE COURT: Yes. The amount due is a small, relatively sma 1
amount. But since this is now a decedent's estate, the only thing
2
that we pay out of the incompetent's estate is administration expe es.
All claims are paid by the decedent. So I think we should await
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your administration action; whoever gets letters there, and I beli ve
the balance here should be paid to the new fiduciary.
. .
MR. ECKER: That will be satisfactory with us. No problems.
THE COURT: Is there anyone else in Court interested in this
incompetent's estate?
( NO RESPONSE)
< ~THE COURT: The. audit of ~his account is marked closed by
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the Court.
( AUDIT CLOSED )
. . .
~ I bereby cerWy that the l)rOCeedlnp ~evidence are
ld a::
~ eoatained f&Uly and· accurately in Uie pptes taken by me on tbe bearll\1 of
0 .
u ~ the above cauae. and that thia copy Is a correct traa.acript of the aame.
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Tbe torego1Da record ox, e proeeedinp upon tbe.heartne
of the above cause ta hereby apProved and dlreeted to be filed.
3
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY~ PENKA.
ORPHANS' COURT DIVISICN
IN RE:
ESTATE OF
SARA V. DAVIS~ ·
an alleged incompetent.
)
)
)
)
)
)
)
No. 1074 of 1969
D E C R E E
AND NOW1 November /LJ , 1969~ upon consideration of the
annexed petiti.on and after a hearing held following due notice, it is
r: ORDERED AND DECREED that
I
SARA V. DAVIS is adjudged an incompetent.
Helen Thomas is appointed Guardian of the Estate of SARA V.
DAVIS~ an incompetent.
The said Guardian is directed to file an inventory in a:::cordance
with the provisions of Section 402 of the Incompetents' Estates Act of 195;>,
as amended.
.· The said Guardian shall file bond with sufficient surety in
the sum of_4~~..L..--=~;......:::~~;......:::::l.4...zU.l-L...L.~C!::l~-· <-L:P L .
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By. the C. u.rt, · ' I .
J.
i3 0 N D
A·-9 ~:nr.; t DEC.8L3ER 2~; 1969, BOND of III!.L • .i,N 'rHOt,':AS as PRINC-rPAL and AR~lA LIFE A"i~D CASUAL'fY C0?-1PAl~Y-HARTFO~D, CONlU~CTICTTT,in ... the' ~3um.
of •!
11,ooo.oo, hereby approved and directed to be .filed• (Bond bearing data of November 24~· 1969,) · •
BY THE COURT
A1'TDST:i
· P,. V. MARINO,P·.J.
Q~ ccpy ~om the Record ..
. . -/} /Jf ~ I ~-. ~~0~ Heg.of !;7L'.Is and ~{ o.c. ,
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IN THE COURT OF COMMON PLEA
OF WASHINGTON COUNTY,~ PENN.~
No. 1 0 7 4 of 19 6 9 --~-
IN RE:
ESTATE OF
SARA V. DAVIS,
an alleged incompetent.
AFFIDAVIT OF SERVICE
LAW OFFICES
PEACOCK, KELLER 8. YOH E
EAST BEAU BUILDING
68-70 EAST BEAU STREET
WASHINGTON, PA.I5301
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IN THE COUR.T OF COMMON PLEAS OF WASHINGTON COUNTY~PENNSYLVANJ!A
IN RE:
ESTATE OF
)
)
)
) No. 1074 of 1969
SARA V. DAVIS., ) Orphans' Court Division
an alleged incompetent.
)
)
AFFIDA VTT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF WASHINGTON )
Before me., a Notary Public in and for the County and State
aforesaid3 appeared Edward J. Popovich who deposes and says
that he served a true and correct copy of the Petition and Order at the
above number and term on the said Sara V. DavisJ at her residence at
119 Greenside Avenue3 Canonsburg~ Washington County, Pennsylvania by
handing a copy of the same to her, she being personally known to your affiantJ
and making the contents thereof known to her on the 29th day of September,
1969A.D. at 1:50 orcloc:-\. P. M.
Sworn to and subscribed
before me this; 29thday
of ___ S...:.e..._p_te_m_b_e_r_~; A. D. 19 6 9.
~f.Lh (1 .J.~-~
Nof):trf Public
Mary Jane Smith, Notary Public
Washington, Washington County, Pa.
My Commission Expires
February 28, 1973
c ----------------------------,.:--------------------
COURT OF C0~1HON PLEAS
_ . DIVISION
lJn IDI1r ®rpqatt!i' a!ourt of llmnnf1iugtnn Qinunty, Jrnnnylunnht
IN RE: ( (
ESTATE OF ) )
( (
SARi\. V. DAVIS, ) (1it•ftttt•nftt)
an alleged 1ncompetent. ( W. !U · .Q." ( NO. _l_0..-71±..___of 196 9
) . }
(1!ummnmurult4 uf Jrnnnyl uuutu { a a:
<nnuttty of Rlasl1ington ~ .
To: . SARA V. DAVIS
Sur Petition of: 'PETE'R H. SI·-':ITH, Executive Director of the
vJashington County i'·.ssistance Board:
by his Attorneys, Peacock,Keller & Yohe,
3lmp (!tommattil lou, ___ ___:S;._AP;__" A _ _;_V...;:_. ___;,_D_A''i__:fi=-.;:S ____ _
that, laying aside all business and excuses whatsoever, you do file in the
· Division ·
office of the Clerk of our Orphans' CourVof Wa3hington County, a full and
complete answer, under oath, to each and every of the averments of the said
petition, on or before Thursday , the 30th day of __ o_c_t_ol_oe_r ___ _
1~9 , at 10:00 o'clock_!::__. M., and show cause why the said S9.ra
V. Davis should not be· adjudged e.n incompetent and a guardian of
her estate aopointed•
;..· -·· ....
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 cur . ·.
said Court, at Washington, Penna. ,
_P_EA_C_C_·C_K~,_K_EL_-_L_E_B_,_~_-~_:o_H_h~,'~-~Esq.
Attorne:,sfor·Petitioner .-
(Seal)
the ..G..Qi_hday of September ·, ;19..6..2_.
.~fl?~
Clerk of the Orphans' Court Div'n.
.... . . ..
•
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA
ORPHANS' COURT DIVISICN
IN RE:
ESTATE OF
No. 1074 of 1969
< SARA V. DAVIS, . < ~ an alleged incompetent.
)
)
)
)
)
)
)
) > Q ...
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HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN
%
: BEFORE:
3
THE HONORABLE P. VINCENT MARINO,
President Judge of the said Court.
APPEARANCES: ROGER ECKER, ESQ., of the firm Peacock,
Keller & Yohe, Esqs., of Washington, Penna.,
representing the Petitioner.
TIME:
THE COURT:
M'R. ECKER:
THE COURT:
MR. ECKER:
Thursday, October 30, 1969, at 10:00 o'clock
A.M.,
Mr. Ecker?
If the Court please, I have an Affidavit of
Service in the estate of Sara V. Davis, which shows
that the Citation was served on Mrs. Davis by Edward J.
Popovich.
The Affidavit of Service is ordered filed
and made part of th:is record. You may proceed.
At this time, Your Honor, we will not
1--------H-------~c:!:a:.,;!;.l:!:..l~.Dr. Kittrell, who is the examining physician in this
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case.1~. Keller will make a report to the Court later
this morning. He is in contact with Dr. Kittrell right
about what will be a convenient time to bring the doctor
in. However, this morning we wish to call Mrs. Helen Thorn s,
who is the proposed guardian. Nrs. Thomas, will you take:
the stand and be sworn in please.
HELEN THOHAS IS CALLED AND S~vORN.
EXA1'1INATION BY NR. ECKER:
Q ~:Jill you state your full name for the record please?
A Helen Thomas.
Q And what is your age' r1rs. Thomas?
A 65.
Q And your residence?
A Canonsburg, 119 Greenside Avenue.
Q 1:1111 you tell the Court what your occupation or business · s?
A I have a nursing home there.
Q And what is the name of that home?
A Thomas Nursing Home •
Q \'lith reference to the estate of Sara v. Davis, we want
to ask you a fevr quE. stions no·.:, ',: ___ .;:;. Thomas. Approximate y
when was the first contact you ha·: 'Jith 11rs. Davis?
A About four years ago. The hospital called me and asked me
to take her as a patieni..:.
~ And at that time how l::n.; tv~d. you known J.1rs. Davis?
I hadn 1 ·c known her • .-----------·~~----------·-·· -·-----------------+---1
3'
Q So for how long have you known 1~s. Davis now?
A About four years.
Q And what is Mrs. Davis's status in your convalescent home?
A She is a patient.
Q And could you briefly .. describe for the Court what you do
for Mrs. Thomas and how she is maintained there and what she
is able to do for herself?
A Miss Davis. She receives nursing care.
Q And to what extent is she able to take care of herself?
A No, she isn't able to take care of herself.
Q If the Court please, is the copy of the consent in the file?
I believe it is attached to the original petition.
THE COURT: Yes.
Q Mrs. Thomas, I show you a copy of the Consent to Serve as
Guardian. Can you identify your signature on that Consen~?
A Yes.
Q Did the Pennsylvania Department of Public '.'ielfare approa·:;h
you about serving as guardian for Mrs. Davis?
A Yes, they did.
Q And did you agree to do this?
A Yes, I agreed.
Q Do you know approxilm. tely the anoun,t of assistance Mrs.
Davis receives currently?
A She has been receiving $24o.oo a month up until a month
ago and there was a raise. And she is now getting $338 .c D.
Q Thank you. Has this check been coming toyou for her
benefit?
A Yes.
Q And does this cover the amount of monthly charges
to maintain Mrs. Davis at your home?
A No, it doesn't. But that's what the state gives and that'
what I agreed to accept.
Q Could you tell the Court approximately what the monthly
charge is?
A $4oo.oo.
Q So this is about $62.00 short of that figure.
A Yes.
Q Do you know of any other source of income that Hrs. Davi
has?
A ~1e1J, I know through the :felfare, l1r. Popovich explained
to me· the last, when he served that document that she ha
a small amount coming from a well.
Q Your Honor, we had to ask Mr. Popovich some questions ab ~t
the extent of her resources.
THE COURT: Very well.
A She has a home on Beau Street.
Q You are acquainted with the financial holdings of Mrs.
Davis?
A Yes.
Q Do you have any adverse claims against Mrs. Davis except. t
for the monthly care :in your home?
A No.
Q Do you expect the monthly amount to increase or the mont y
our home to increase for the care of Mrs. Davis
4
ri
A i'lell, if she has it I think I should have the $400.00.
But I'm satisfied the way it is.
Q You don't understand the question. Do you anticipate that
the care you must afford for l~s. Davis is going to increase
appreciably in the near future?
A No, I never raise the rates once they enter.
Q I mean the services youprovide.
A You mean that she may become more disabled?
Q That's the essence of it.
A No. I wouldn't raise it for that.
Q Now I wonder if you could tell us a little bit about your
educational background, Hrs. Thomas. You ere able to read•
write and do simple arithmetic problems?
A 1es.
Q This is important. Do you realize that you must make a
formal ~~itten account if you are appointed as guardian to
the Court periodically? Do you realize this?
A I am able to do that.
Q vle have no further questions of Mrs. Thomas, Your Honor.
EXAHD'rATION BY THE COURT:
Q Mrs. Thomas, are you the sole owner of the Thomas Nursing
Home?
A Yes. I I Q And you are not incorporated, are you?
A No. ~ve started proceedings for that, but nothing has beerJ.
6 ~==========~~====================-====~~-~~-=-===-=============================*===== ~ --
done about it. That would include my family. But right n w
I'm the sole owner.
At the moment you are not a partnership or anything of th~t Q
kind?
A lfo.
Q You are the sole owner?
A Yes.
Q ~~s. Thomas, have you agreed with the Pennsylvania Depart
ment of .Ielfare or whoever it is that's in charge of Hiss
Davis that you would accept the sum of 033~.00 a nonth as
full payment for her care?
A Yes.
Q And does that mean that you would not accept any further
payment during the months and during the time that you
receive that 033~.00, regardless of future assets of this
alleged incompetent'? Hy point is suppose they sell this
house. I note that they have a house here in the City of
.Jashington. Suppose they sell that house and have a
I I
sizeable sum, I presume, for her future care. Now in t ha-
event, would you make demand on her for more than the
~33~.00 for the months past when you have taken care of _ r?
A Oh, no.
l1R. ECKER: If it please the Court, perhaps we ca_
elucidate that problem a little. Currently, we think the
property is heavilly liened to the Commonwealth for back
assistance granted to Hrs. Davis, and that we anticipate
there probably would not a great amount forthcoming from '
the sale. The property, as long as it's maintained as inco'lle-
producing, according to the Department of Public ':.Jelfare
regulations, would not be, there would be no judgment
proceeded on or no execution sale. So until Hrs. Davis's
death,wa anticipate that would be the continuing status of
the property.
THE COURT: 'Jell, of course, there would be a possi-
bility that a request might be made to setl the property~l.
because of other considerations and other circumstances Jlch
as deterioration of the property and possibly not bringi~
in sufficient income, net income to warrant holding the
property as an asset of the incompetent • s estate. And of : i :
course, as you have said, the property is pretty well
liened, but that matter I know nothing of. And my questic~
contemplated some assets remaining after payment of curre~t
liens and whether or not Hrs. Thomas would then make a
demand for further compensation for these months where
she has been underpaid. You might say, she says she
would not.
H .. ':{. ECKER: I think that solves our problem.
THE COURT: I have no further questions of Nrs.
Thomas.
MR. ECKER: ·~·Te have no further questions, Your Hor or.
T:le next call Edward Popovich.
(At the direction of'the Court, off-the-record between
the Court and Nr. Keller was not recorded by the stenogr~;jpher).
ED:.tJA3D POPVICH IS CALLED AND HRON.
EXA.l-UNATION BY NR. ECKER:
Q \·lould you state your name please?
A Edward J. Popovich.
Q \'!here do you live, Hr. Popovich?
A 709 Highland Avenue, Canonsburg.
Q vlhat is your occupation?
A I'm a Public Assistance caseworker.
Q And where is your office located?
A 87 ~·Jest· \·Jheeling Street, :,Jashington, Pa.
Q In connection with your employment, did you have occasion
as caseworker to investigate the case of Sara Davis?
A I have.
Q And I wonder if you could tell us a little bit about the
background of the case, specifically what relatives or ct er
persons you have been able to find who would be willing
serve as guardian in this case?
A As Hrs. Thomas has stated, for at least four years Mrs.
Davis has been in a nursing home. ·,ve do know from our
investigation that she owns property in East ~vashington
and that she had some interest in oil leases which I und
stand are now depleted. Her sister also, Ada Davis, had
interest in this property, which all seemed to stem fro~
another sister. I believe she went by Nartha Davis McCar ey,
who passed away in 1953, leaving the property to Ada and
Sara. Ada is now deceased. Several months ago it was
~----------,..----------------------I
there was no income being received from the property locaJed
on East Beau Street, and requesting that we seriously .
consider requesting the appointment of a guardian in orde~
to ask for an inventory of the estate and to determine
why no income was being received.
Q ·~·lith respect to that property, in whose hands as agent is
it being administered?
A Our records indicate that the property is being administe~ed
by the George Lenk Agency.
Q Have you done any investigation as to the current status
of the apartments in that building on that property?
A Information which I have, given by Hr. Lenk, indicates
that there are three apartments in the property, two of
which are being rented. One, $50.00, that would be the
upstairs is ~50.00; and the downstairs apartment for $65.bO
per month. And that after paying ordinaryexpenses in this
commission there is now a total of $437.27 in the account.
A third apartment which was being used by 1<1iss Davis prier
to her entry into the nursing home is vacant and there i~
no reason why it has remained vacant. But it is to our
knowledge vacant and could be used for rent.
Q Is it correct that under your regulations of the Depart-
ment of Public ~.Jelfare this property is there for consiC.Ered
income producing?
A At the present time we receive--the client receives no
income, Hiss Davis receives no income to our knowledge.
Hrs. Thomas reports that she has not received any payment
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within, I believe at least tvTO years. ~le do have a record of
I one ~75.00 payment which was made from the Lenk Agency, bUt
I believe this was two years or more ago. Currently Hrs.
Thomas reports that she has received no payments from any
source other than our payments for nursing home care. So
we know at the present it's not income producing for the
client.
Thank you. N0'\-1 in your investigation of this case, was a;
bank approached for the purpose of acting as guardian or
trustee in this?
The original will of Nartha Davis NcCartney, sister---she
I wanted to correct that, I believe/died on the l~th of
December, 1956; I believe I said '53. The original will or
l4artha Davis HcCartney left,at that time Peoples National
Bank and it 1 s now been succeeded by the Pittsburgh :-ratio:Jral
Bank, they handled the trust and vre have been advised thalt
all the trust has been liquidated, has been depleted and
whatever was left was distributed. I understand that Mr.
Enlov, who is the Trust Officer of the bank, was a gain
approached and he advised that the bank would not be will~ng
to assume guardianship of this estate.
About the nursing home which Nrs. Thomas owns, has the
Department of Public ".Jelfare investigated that home?
A Hrs. Thomas's home is not approved by our agency. It is
approved by another agency within the Department of ~.lelfalre.
·;.;e have patients in the home. It 1 s an approved nursing
home and a licensed nursing nome and neets the requiremen~s
•
•
! ! of the Department of Public ~velfare .However, not being :in
Q
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the agency, I have no knowledge of what criteria they use for
determining a license or classification. But she is eligi~le
for payments under our program •
One fi.'1al question. Do you know of any other interested
persons in Sara Davis's affairs or any other relatives wh·J
have an interest in this case?
Niss Davis, if it's not already been indicated, never
married, and had two sisters which we have been referring
to, Martha and Ada. Ada, to our knowledge, was also never
married. I believe Martha, I don't k.l'low much abru.t Hartha.
But apparently, we have endeavored to find relatives in
the area interested in the case, or persons not necessari~y
relatives '\'lho might have been close to the family. These
persons have been rontacted and as far as we are aware,
one grandnephew, a Harry Davis Rizor, who we have learned
now resides in Lisbon, Ohio, was the only one·who actual]~
had a relaticn ship •. Je lmow he was a grandnephew of Nartra
Davis HcCartney. -,.fuether · he had any relationship to Sara
is questionable •
~~. Rizor was named as a remainderman
in Nartha Davis HcCartney 1 s will. However, being that
he is an out of state resident and we have learned that
his relationship with Miss Davis, our client, Hiss Sara Iavis
was not good, we did not approach him. And other than trct,
we have no knowledge of any other relative, friends or aryone
11
who would be interested in this case.
Q Thank you, Hr. Popovich. That's all ourquestions, Your
Honor.
E XA.Hlli ATIOiJ BY THE COURT:
Q Hr. Popovich, who is Peter H. Smith?
A Peter H. Smith is the Executive Director of the ·.Jashingto~
County Board of Assistance.
Q Do you have in your records anything to indicate the age
of Sara v. Davis?
HR. ECKER: Your H0 nor, if he doesn't have that, o~
records, we have a birthdate of June 22, l~~o, which woula
make her t59.
A I would say that is correct.
Q Hr. Popovich, have you personally seen Sara v. Davis?
A I have, Your Honor.
Q ~fuen is the last time that you saw her?
A I believe approximately three weeks ago, sir.
Q Is she ambulatory at the home?
A I did not see her ambulate, sir. I 1rould imagine she
could ~dth assistance, but I doubt that she could ambula1e ver
far without someone at least supporting her.
Q ~fould her welfare have been in any way affected by havin~
her required to be here in Court to testify?
A ?ossibly. But I would not be competent to make a decisior •
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Q
Possibly.
I don•t think we have any further questions of Mr.
Thank you.
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Popovith·
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HR. ECKER: At this tme, Your Honor, we have no medical
testimony because of what H!.'. Keller informed the Court o~
earlier. I imagine we will just have to continue it.
~ THE COURT: :de will continue the hearing for the .. jj .. ..
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purpose of taking medical testimony a t such time as is
convenient for the Court and the doctor •
* * * * * * * *
~ (On Thursday, November 6, 1969, at 11:00 o'clock A.N., the
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a ~ follovd.ng occurred):
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ri 1: ~ THE COURT: Hr. Ecker?
IC 0 b 11:1. • ECKER: If it please the Court, this is the
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time set for the continuation of the hearing in the
Sara v. Davis estate. And we have today Jr. KittreJ4 who
has treated Hiss Davis. And 't>re 1 d like to present his te stli-
mony at this time.
THE COURT: He will hear Dr. Kittrell.
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EXANINATION OF DR. KITTRELL BY HR. ECKER:
Q Doctor, will you state your full name for the record plea~e?
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A Hilliam H. Kittrell.
Q
A
·:Jhat is your residence, sir?
HcHurray, Pa.
Q And your profession?
~
< A Hedicine • > .J ::-~ Q Are you a licensed physician in this state?
ii c.. ... A I am.
0 1-~ Q ~·Jhere do you maintain your office? -(a
~ A Nc Hurray.
How long have you been in practice, approximately?
Fifteen years.
And are you actively practicing now?
~ A Right. ,.
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v· Q ';fith respect to l'-1iss Sara V. Davis, has she been a patien-:;
of yours?
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1-0: c II. IL ~ A ;:iell, she is a patient in the convalescent home. I see
her once a month. I guess you can say she's a patient of
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:nine.
Q Approximately how long has she been a patient?
A I'm not sure exactly without the chart, but two or three
years.
Q Joctor, could you state generally for the record the
physical and mental condition of this patient?
A Can I summarize?
c; Very good.
15
A The patient is aged, mentally senile, somewhat childish,
mentally inconpetent of taking care of her financial affa rs;
in
physically she is /fairly good condition for her age.
But she does have gout, which is the only physical proble
which she has, \oJhich is being treated and controlled.
She is not aware as to time and place; she thinks in the
pastt which most senile patients do.And I will testify t is
woman is incapable of taking care of her financial affair •
Q Doctor, do you think that in the future there is any poss -
bility her condition will improve?
A No.
Q If this patient were permitted, doctor, to handle her own
business affairs, would it be possible for a designing pe son
to take advantage of her?
A That could well happen.
Q Based on your examination then, doctor, is it your opinio
that the patient is able to handle her ordinary business
affairs?·
A I just said no.
Q Thank you. That's all we have, Your Honor.
EXAHI?-~ATION BY THE COURT:
Q Doctor, what is her mental condition due to?
A Senile arteriosclerotis.
Q You say she is of advanced age. But do you have her age?
A I'm not sure. She is over 80. Do you know exactly how
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HR. ECKER: The birthdate we have, Your Honor, is
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June 22, 18eo, which would make her 89.
~octor, in a person of that age,and with her condition of
arteriosclerosis, is there any real possibility that she
could improve · in time?
It would be almost 95 percent doubtful or 100 percent •
So that your conclusion with respect to her capability of
handling her business affairs and financial affairs is
that she is unable to do so.
rtight.
And if she were permitted to do so, she might become the
victim of designing individuals.
Yes.
h!hen did you last see her, doctor?
Yesterday.
~ Q The Court has no further questions.
I-ll: ~ HR. ECKER: ·~'le have no further questions, Your
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1-~ Honor.
0 u ~ THE COURT:
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Thank you, doctor. You are excused.
(Proceedings Closed).
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