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IN THE ORPHANS' COURT OF
WASHINGTON COUNTY,
PENNSYLVANIA .
NO.
IN RE:
Appointment of Guardia
for EDWIN BOCCABELLA, an
alleged incompetent.
PETITION FOR APPOINTMENT OF
GUARDIAN.
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IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA.
IN RE: )
)
Appointment of Guardian for )
) NO.
EDWIN BOCCABELLA, an alleged )
)
incompe.temt. )
PETITION FOR APPOINTMENT OF
GUARDIAN
The petition of ERMENIA BOCCABELLA respectfully r~presents:
1. That your petitioner, Ermenia Boccabella, is a resident
of R. D. # 3, Burgettstown, Washington County, Penn~.:ylvania.
2. That the alleged incompetent is Edwin Boccabella
and is forty-five years of age, having been born on the 22nd day
of June, 1924, has been a resident of R. D. # 3, Burgettstown,
Pennsylvania, and is now a patient at Torrence State Hospital,
Torrence, Pennsylvania. That said incompetent is single and has
never been married.
3. That the alleged incompetent, Edwin Boccabella, has
been in the Torrence State Hospital off and on since September 4,
1958, because of mental incompetency and mental illness. He is
unable to manage his property and is liable to dissipate it or
become a victim of designing persons.
4. The following are the only persons who would be entitled
to a share in the estate of the above named alleged incompetent
if he died intestate at this time: Erminia Boccabella, mother.
5. The total estate of the alleged incompetent consists of
the following:
. . .. . ...
ALL that certain tract of land situate in Cross
Creek Township, Washington County, Pennsylvania,
bounded and described as follows:
BEGINNING at the center of a concrete road leading
from Avella to Hickory and known as Pennsylvani~
Route 28; thence by the center of said concrete
road and land now or formerly of Paul Ciaffoni by
a curve to the right along an arc having a radius
of 930 feet, a distance of 400 feet to a point in
the center of said concrete road; thence from said point
in the center of said road South 8°13.09' East, 74.16
feet to a point on the railroad right of way; thence
along said railroad right of way, South 88° 24' West,
321.00 feet to a point in said right of way; thence
along said right of way, North 80° 46' West, 135.20 feet
to a point; thence North 28° 14' East, lOl.iO feet to the
center of the aforesaid U. S. Route 28 at the place of
beginning.
CONTAINING 0.76465 Acres.
Upon which is erected a foundation.
6. That the alleged incompetent has no income and there
was a fire on the premises of the alleged incompetent and in order
to have a settlement with the insurance company, it is necessary
that a guardian be appointed.
7. That the alleged incompetent is not nor has he ever
been a member o'f the armed services.
8. That the petitioner is the mother of the alleged
incompetent and has no adverse interests to the alleged incompeten .
9. That no other Court has ever assumed jurisdi9tion,
nor has there been any proceeding to determine competency of the
alleged incompetent and no guardian has heretofore been appointed
for alleged incompetent in this or in any other jurisdiction.
WHEREFORE,. the petiti.oner prays· that Edwin Boccabella be
adjudged an incompetent and that she be appointed Guardian in the
Estate of Edwin Boccabella.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
)
) SS:
)
Before me, the undersigned authority, personally
appeared --~-E~r~m~e~n·l~a~B~o~c~o~a~b~e~l~l~a~' ---------------------------'
who, being duly sworn according to law, depose and say
that the facts set forth in the foregoing Pet'i tion ~~~~~-------
--------------------~------are true and correct as she
verily believe ~
Sworn to and subsct'tbed before me
this 15th day of December
DARLENE NICHOLAS
Notary Public, W~silinr,ton, Washington CO.
;'il, ,._,::l;o;sslon Expires January 17, 1972
, 19 69 • -
COURT OF COMNON PLEAS
71 7:!' '('fl\ DIVISION ·
..Ytl WQP wrpl1attn' Q!ourt;nf )Jllhraqingtntt QJ:ntinty, Jruuaylnttttht
IN RE: ( (
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APPOINTHENT OF GUARDIAN for( (
ED\rl AR D _ BO C CABELLA, ) f11i <> t t.. ) ~\!Jt t a tnn ~ NO. 63-69-126:)
an alleged incompetentt> ( (
QJ:nmmontuPalt!r nf Jr~unyluauta { nn: l
arnunty nf llanijingtnn ~ -
To: ED\rliN BOCCABELLA
Sur Petition of: ER}ff~IA BOCCABELLA
llr Qlnmmttnb Wnu, _____ ED_\'~_I_N_B_o_c_cA_· B_E_L_LA ____ ~
that, laying aside all business and excuses whatsoever, you do file in the
Division
office of the Clerk of our Orphans' Cour,( of Washington County, a full and
complete answer, under oath, to each and every of the averments of the said
_petition, -:;nor before --=-F-=-r..z:i;.,:;;d=a'-<J.-y ___ , the J 6th day of _ ...... Ja~n~l""'H.l,....r~y----
19_19 at 10:00 o'clock A . M., and show cause why the said . ...;..;..=..=----
ED\viN BOCCABELLA should not be decJ ared an Incompe1-ent snd ~ Guardian
of his Estate appointed~
and further abide the order of our said Court in the premises,
If you fail hereof, the petition may be taken PRO CONFESSO and a
decree made against you.
WITNESS the Honorable P. Vincent Marino, President Judge of our
said Court, at Washington, Penna.,
GEORGE K. HANNA, ESQ.
HANNA AND HANNArr Esq.
Attorney for Petitioner.
(Seal)
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IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA.
IN RE: )
)
Appointment of Guardian for )
) NO.
EDWIN BOCCABELLA, an alleged )
)
incompetent. )
0 R·o·E·R
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY~ PENNA.
ORPHANS' COURT DIVISION
IN RE:
ESTATE OF
EDWIN BOCCABELLJ?~
an alleged incompetent.
FINAL <.
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No. 1!65 of 1969
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DECREE
AND NOW, January+ 1970, upon consideration of the annexed
petition and after a hearing held following due notice, it is ORDERED AND
DECREED that .
EDWIN BOCCABELLA is adjudged an incompetent.
Ermenia Boccabella is appointed Guardian of the Estate of EDWIN
BOCCABELLA~ an incompetent.
The said Guardian is directed to file an inventory in accordance with
the provisions of Section 402 of the Incompetents Estates Act of 1955, as
amended.
The said Guardian shall file bond with sufficient surety in the s urn of f :::ee: .. --f r~ =-a~) 42£f~ -By t -eo,;(j
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GUARDIAN'S
ESTATE OF EDWIN BOCCABELLA, )
)
an alleged incompetent. )
INVENTORY.,
No. 1265 of 1969
AFFIDAVIT OF GUARDIAN
STATE OF PENNSYLVANIA )
) SS:
COUNTY OF WASHINGTON )
Personally before me, the undersigned authority, a
Notary Public in and for said County and State, appeared ERMENIA
BOCCABELLA, who, being duly sworn according to law, deposes and
says that she is the Guardian of the estate of Edwin Boccabella,
an alleged incompetent, that the foregoing schedules constitute
a complete inventory and appraisement of the real and personal
estate of Edwin Boccabella, an alleged incompetent, except real
estate outside the Commonwealth of Pennsylvania; that the figures
·opposite each item of real and personal estate in the foregoing
schedules are determined and stated by the undersigned to be the
fair value of said items as. of the date of January 16,:t 1970,
based upon a just appraisement of each. item made by the above
named Guardian.
Inventory and Appraisement of the goods and chattels,
rights and credits of Edwin Boccabella, an alleged incompetent,
taken and made in conformity with the_above affidavit.
0.76465 acres located-in·Cross Creek
Township, Washington County, Penna ..
Cash received from Pacific Insurance
Company for fire damage
~~sworn to and subscribed before
Die this .Jd_ day of ~ ,
1970. . ·£/~ .. fla~( I
DARLENE NIC-HOLAS
r'lot~rv Puolic, WashJflitillll. Washington Co.
My lir.imrmssioo Expill,)s Ja111aly u, 1972
1,000.00
2,200.,00
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Judicial 857 (Pennsylvania-Guai-dian) (5-55)
IN THE COURT OF
STATE OF PENNSYLVANIA
NO. 1365 of 1969
In the Matter of the Estate of
EDW•lN BOCCABELLA, BOND OF GUARDIAN
COUNTY,
an al_leged incompetent. Erminia Boccabella
KNOW ALL MEN BY THESE PRESENTS: That we,
IS.:rminia Boccabella
as Principal ,
and UNITED STATES FIDELITY AND GUARANTY COMPANY(a corporation under the laws
of the State of Maryland, of Baltimore, Maryland, having an office and usual place of business at
fi tt sburgh , St~te of Pennsylvania, as Surety, are held and
firmly bound unto the Commonwealth of Pennsylvania, its certain attorneys or assigns, in the sum of
F'ive Thousand :Dollars($ 5000.00 ),
lawful money of the United States of America, for which payment, well 'and"truly to be made, we bind
ourselves, -our and each of our heirs, executors, administrators, successors' and assigns, jointly and
severally, firmly by these presents. ~ .,
J
SEALED with our seals and dated this 3rd. day of
WHEREAS the above bounden Erminia Boc cabe lla
decree of the Orphans 1 Court of Washing ton
has been appointed Guardian of the Estate of Edwin Boccabella
a n Incompetent
... ,.. '1971.
has by order and
County, Pennsylvania,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above
bounden Erminia Boccabella Guardian of Edwin Boccabella
an Incompetent , shall at the termination of her guardianship and at
any other time when required by Court, render a just and true account of the management of the property
and estate of said Edwin Boccabella
under her care and shall also deliver up the said property agreeably to the order and decree of the said
Court or the direction of law; and shall well and truly administer, according to law, the estate of said
Edwin Boccabe lla , then the above
obligation shall be void, otherwise it shall be and remain in full force and virtue.
Sealed and delivered in the
pres.e~~-o~/IJ VJ -' A7 ,-\ -~ .. fJ.i~~---····(SEAL)
UNITED STATES FIDELITY AND GUARANTY COMPANY
Ja~---· Attorne
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No. 63-69-1365 ~;xM)It ..... ·--....
Orphans' Court
Washington
State of Pennsylvania
In the Matter of the Estate of
.. 1Pl'dwin Boccabe lla
an Incompetent
BOND OF GUARDIAN
Surety:
County
UNITED STATES FIDELITY AND
GUARANTY COMPANY
Home Office~Baltimore 3,1\laryl~!!d
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And now to wit,~'P~ "? ~-~-19 7j ,
the within band :}jr~sented · . open, Court,
approved, and.:.o~:~t~d-to be filed. · ' 1
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Filed , 19
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STATE OF PENNSYLVANIA)
)
County of Westmoreland )
Saul Greizman, M.D. , being duly affirmed according to law
deposes and says:
l. That he is a practicing physician, resident at the Torrance
State Hospital, Torrance, Pennsylvania, and is connected with the
Torrance State Hospital as Acting Superintendent.
2. That Edwin J. Boccabella, a resident of the County of
Washington, State of Pennsylvania, was admitted to the Torrance State
Hospital, on September 4, 1958, in accordance with the Mental Health
Act of 1951.
3. That upon admission of the said Edwin J. Boccabella, on
September 4, 1958, to the said hospital, his mental condition was such
as to require detention and treatment in a hospital for mental troubles.
4. That the said Edwin J. Boccabella is so mentally ill that he is
unable to take care of his property and in consequence thereof is liable
to dissipate or lose the same and become the victim of designing persons.
5. That the general condition of the said Edwin J. Boccabella is
such that his welfare would not be promoted by his presence in
Washington County Court.
Further, deponent saith not.
_ ___:_,lt_~--~-:-~~;t<;Z~~~~=~:___·M. D.
Saul Greizman, M. I)(, Acting Superintender t
Sworn to and subscribed before me ..
this 22nd day of December 1969.
~~~
liLLIAN McCLAIN, Notary Public
My Commission Expires October 8, 1973
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IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA.
IN RE:
APPOINTMENT OF GUARDIAN
FOR EDWIN BOCCABELLA,
an alleged incompetent.
)
)
)
)
) NO. 63-69-1265
)
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AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
)
) SS:
)
Personally appeared before me, the undersigned authority,
Gloria B. Sylveste; who, being duly sworn according to law,
deposes and says that he did serve a copy of a Petition to Appoinb
a Guardian, on Edwin Boccabella, an alleged incompetent, at
19th Torrence State Hospital, Torrence, Pennsylvania, on _____________ ,
____ D_e_c_e_m __ b_e_r ______ , 1969., by handing to him the said copy 1
of Petition to Appoint a Guardian, and making known to him the
contents thereof.
Sworn to and subscribed before me
L this 22~~ day of December
LL?&'-~u~
' 19 69.
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"'MLILLW~ r~cCL.4IN, Notary Public~
Y Commrssron Expires Octob 8 .. er , 197~,
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY. PENNA.
IN RE:
ESTATE OF
EDWIN BO CCA BELLA.
< z . ~ an alleged incompetent. .J
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ORPHANS' COURT DIVISION
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No. 1365of1969
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HEARING ON PETITION FOR APPOINTMENT OF
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, GUARDIAN
THE HONORABLE P. VINCENT MARINO,
Judge of the said Court .
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GEORGE K. HANNA. ESQ .• of Washington, P . ,
representing the Petitioners.
ROGER ECKER, ESQ .• of Washington, Pa .•
representing the Commonwealth of Pennsylvaria.
Friday. January 16, 1970, at 10:00 o'clock
A.M. • EST.
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-WITNESS Direct I Cross
. I • LAURA FANASE 6
ERMENIA BOCCABELLA 12 16
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THE COURT: Mr. Hanna'?
MR. HANNA: If the Court please, this was the time set for
the hearing on appointment of a guardian for Edwin Boccabella,
an alleged incompetent. Mr. Roger Ecker is here .representing
the Commonwealth. They have a claim in the amount of $8, 702. 0.
Mr. Boccabella has been in the Torrance State Hospital since
9-4-58. My Petition, I believe, says 1959, but actually, it
was . .1.9'5~8. He has always been a patient since that time. It's
been continued since that date.
I have first a statement by Dr. Saul Greizman
stating, in his opinion, the mental condition of Mr .. Boccabella
was such that it required the attention and j;reatment for
mental illness, and that Mr. Boccabella is so mentally ill
that he is unable to take care of his property, and in consequence 1
thereof, is liable to di-ssipate orl.lose.'the :same and become
the victim of designing persons; and that the general condition
of Mr. Boccabella is :zQ.§JJ.that his welfare would not be prompte~
by h~s presence in Washington County Court.
I have, in addition to that, a short letter
from the doctor, dM€id1;pecember 22, 1969, stating that,
"I had seen Mr. Boccabella again on December 22. It is
II still my feeling that he is not competent to handle his affairs.
In addition, I have an aff~davit of service show:ing. that the petiti n
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to appoint guardian was served on the, incompetent on Dec'emhe
4
19, 19 6 9. These items I would like to enter in the record and
havethem made a·part of the record. The sole purpose of this
Petition is to collect a certain amount of insurance, I believe
approximately $2200.00 claimed for damage to--fire damage to
a basement of a sort that Mr. Boccabella owned on a piece of
property which he owns. This was practically ~destroyed by fire
and it is my understanding the insurance. company is w illit_lg to .
pay the sum of $2200.00. B~.t theydeman'd the p'ayment be made,
-t. ' • naturally, to a g-uardian, ·and that is why:we are reque~ting that
.
his mother, Ermenia Boccabella, be appointed.:guardian. So th< t
tnis money may be collected and I ~~s~~me·_.that after the
. . ~ .
collection there might be another petition for distribution at that • 1
time.
;ECKER: If the Court please, our office represents the
'
Department of Revenue in this case and since our communicatia
with the Court yesterday, the Departmenf has altered its
position somewhat. They now take the position they will acquies~e
in the ?-PPO:intment of this guardian and Mrs. Boccabella as
. the guardian, if the Court deems that proper, and at a later
date, after the guardian is appointed, the Department will then
petition for distribution of the incompetent's proceeds and we
will reach that question, at that time. That is our position r~ght
now. Your Honor.
MR .. HANNA: Of course, Mrs. Boccabella is in Court and
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I will put her on the stand.
THE COURT: What the petitioner has in mind presently ~as
to the purpose of seeking a de)clarationof ~ncompetency for this
individual may be relevant. but it', of course,1follows that when
the Court, if it does. makes a declaration or adj~.dication of in-
competency of the individual, that matter is for all. purposes, not for
one particular purpose. So that if this individual is declared to be
. .
incompetent, you have a general incompetency and the law with
respect to. same must be follo'M3cl. So it isn't a matter of taking
care of just one particular item that you have in mind at the
present time. It'-s a general incompetency. However. we have no
objection to the petitioner entertaining the thought that that is the
most important item presently if the individual is declared incompetc nt.
But the matter of distribution and administration of the incompetent'P
estate is one for the Court to consider as the administration proceed~:>.
And we will entertain a petitiop., of course, from the Commonwealth
or anyone else who has a claim and dispose of that at the time·that
it is presented.
With respect to the Affidavit of Service, we
will order that the Affidavif ~{ Service be filed and made part of .the
'
record. And with respect to Dr. Gr€dzman's affiCiavit and,letter~ we ' •. · ..
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will defer action on that until-we hear 'the other matters in the pro-
ceeding. You may c.all your witness. .. •·
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LAURA FANASE'IS CALLED AND 'vSWORN. ·
,DIRECT EXAMINATION BY MR. HANNA:
Q What is your name?
A
Q Where doyou live ?
~A z R. D. 3, Burgettstown.
< > .J ~ Q' How old· areyou? z z Ill ~A 35. z 0 ...
C) Q z :c You are the sister of Edwin Boccabella?
Ul < 3: A I am .
..,: u a: Q ... Do you kn?w where Edwin Boccabella is .now. resiqing, where is he npw_?· ·
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A At the Torrance State Hos pita!.
Q . How long has he been there?
A · Since-'58.
' Q Has he been there continuously since that time?
A He's come home for visits .
Q Other than visits, has he been. there continuously -since that time?
A Yes. . ;
Q Could you describe to the Court what his condition was like when he
was sent there? From your own observation what was his. basic prollem.?
A At times he just spoke of t_f1ings wet:knew couldn't be true. And he
' ' just did things out of the ordinary., We knew something was wrong-. , ...
with him.
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Q Could you give us an example or two? ----------1~~~~~~~~~~==~~~~~.~·~~'·~-~ -· ~~------~----1
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A Well, for one instance he'd put barbed wire all around his home and
he said the Russians were coming to get him and. they wanted to use
him as experiments. And everyttm:.e an airplane would go over his
house, he would run and hide. Thir>:gs of that sort .
Q And I assume. that after you realized that this behavior was quite
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irratic:, was he then examined by any medical men or any psychiatri: ts?
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Well, we tried to get the family doctor to see him at the house, and
·we wanted to have him go to another doctor, but he wouldn't. And
we couldn't:-make him go. So he was brought into jail by the State
< := Police because he had:n:e.:s'.ia1:J3.dgoing---he went through a stopsign
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and then he .said he didn't do it, but anyhow, they took him to jail
and then there a ·doctor. saw him and said that he s~?-ould have psychia ric
treatment.
So that this examination was made at the Washington-County Jail?
.. The ·first one, yes.
At that time it was determined that he needed psychiatric help?
Yes •
Do you know when he had the next exam for that purpose? You said
the fir.st one. Was there anolfieor•examination?
A Just at the hospital.
Q Where was he taken after he was in the jail?
A Torrance Hospital.
Q Taken directly to Torrance?
A Yes. ·
8
Q ·Have you seen your brother recently?
A Yes.
Q What would you say his condition is now?
A Well. at. times he's normal, I'd say, and other times he just keeps • saying that he's .at the hospital for--they're.using him as experiment .
~ z He's still saying that. And the doctors are all against him. And then
o( > .J > Ill • z on other visits he seems to be all right• .. ··• 1
z Ill ~Q But he still has this idea that he is being persecuted 1 , r,
0 ... ~A That's right.
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~Q In your opinion, ·could he handle his own affairs ? ·
..: ~A ... ·I wouldn't say he could . ...
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~Q Could he handle his own money?
u 0 ~A No.
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NQ Do you feel that it is necessary that a guaddian be appointed for
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0 G. Ill a: A ... I do .
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.J Would you suggest that your mother be appointed guardian for him?
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0· • Q That's all the questions I have, Your.Honor.
THE COUR 'l': Mr. Ecker, do you wish to question this witne ~s?
MR. ECKER: No questions. Your Honor.
9
EXAMINATION-BY THE COURT:
(n) 1."> Are you married?
A Yes.
Q What is your hlE band's occupation? • 1 .
A Meat Manager.
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~-Q Where?
> .J >-~A Loblaws.
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Q.
iQ 0 . In which Loblaws Store?
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~A Steubenville, Ohio.
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Do you live in Burgettstown?
u ~A '
Ul Y~s. sir. • 0
.J ~Q ~ Was your brother, Edwin Boccabella, living in Burgettstown when
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. .A Ul No. He lived at his own place.
a: Ill 1-~Q Where?
Q.
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-~A Rae. That's near A vella.
::> 0 u I ~Q ,. That is in Washing!_am County?
u ~A 0 Yes.
• Q I
On his temporary releases from the hospital, whorn would he visit? ,
'
A My mother, Mrs. Boccab~lla, and myself. We iiye at R. D. 3, Buq etts-
town.
Q How old is ·Edwin Bo.ccabella? I . ' (
A He is 46. : ''
•
Would that be correct?
A My mother could answer that.
Q All right. That is approximately correct?
A Yes .
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Was Edwin ever a member of the Armed Forces of the United States
No, he wasn't.
He was nev~ in the service?
No.·
Would you know why?
-·r don't; rio, I don't.
Are you. acquainted with what assets Edwin Boccabella might have?
Yes.
What are his assets ?
Only his property that he has.
Is that one in Cross Creek Township as described in the Petition?
Yes.
And who is living in that now?
There is--:-well, not in it exactly". The man that was there taking
care of the place when it burned down,· he's still there. He has a
few belongings but he's not living in the hous~. He's living in a ,
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small garage next to it. , . . .....
Q Do I understand then that the place· was rente_q before the fire?
_A -Yes. i 1 -,, . .
Q Whatds .. .this gentleman's name? .. ' . ' .
10
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A Joe Kovach.
-Q Does Edwin have any other assets. bank accounts. stocks, bonds,
anything of that nature?
A He has a small bank account now, yes.
Q Where would it be?
::!: A Mellon Bank, Burgettstown. z ~ > g Q Would you know approximately what the balance in that bank account
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a. would be now?
i 0 ~ A No, I couldn't tell you exactly.
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; Q His mother would know. I presume?
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I think so.
a .JQ ~ Do you know of any other assets that Edwin would have?
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No, there isn't any .
N MR. HANNA: May I suggest. Your Honor, he does get a
IIi a: ~ Soeial Security check. I was going to ask Mrs. Boccabella that. a:
0 D. ~ He does get a Social Security check in the amount of $133. 00 a monU . ... a: :J 8 I was going to get that from Mrs. Boccabella . .J < o· iL THE COURT:
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We will have her testify to that. Has Edwin
Boccabella ever married?
A No.
Q And he is now single?
A Yes. . ' :-
Q I believe that's all we have of this witness.
(Witness excused). .• ,-
11
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•
ERMENIA BOCCABELLA IS CALLED AND SWORN.
DIRECT EXAMINATION BY MR. HANNA:
Q What isyour name?
A Ermenia Boccabella .
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Where do you live?
Burgettstown.
How old are you, Mrs. Boccabella?
74.
Is your husband deceased?
Yes .
Are you the mother of Edwin Boccabella?
Yes, I am.
Where is Edwin now,..?
Torrance.
Was he ever married?
No.
What was his birthdate ?
22, June.
And the year?
1924.
. . .
...
Q Where was he living at the time that,he was sent to Torrance? ·
A Well, he was staying with me but he was living in his ·house.
When I found out he was sick I try to take him home, but he no
12
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Q In other words, you are saying that he actually was livi~g at his
own place in Cross Creek, but you realized he was sick and you brou~ht
him to your house ?
A Yes .
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And you tried to take care of him, is that right?
Yes, I tried.
What happened then?
He no was listen what I tell him. I was take him to the.doctor.
The doctor come over, he no want to take no medicine.
How did he act?
Well, h~ no was act too good; You can't trust him at might. You have
to watch liim. He say all the time up in the sky was bother him and
talk to him .
.He thought somebody was after him?
Yes.
Does he still act that way at times when you se.e .him?·
Yes, sometimes·~ Sometimes, no. Sometimes all right. Sometimes
he still got the same way.
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he still feels people are after him . Is that right?
A Yes.
Q Do you think he is able to handle his own:,:t:n.~_ney? '·
A No.
0 What does he own?
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w~n; he own that house and that little bit of money. I put away every
month,. I take $10. 00 from the Social Security and put it in the bank.
He does nave a Social Security chec~?
Yes .
It comes to you?,
Comes to-me. his'name and my name, $133.00.
And when you geJ that check, what do you do with it?
I give 'the $90.00 to the state, $25.00 to him. That's ·an he do.
smoke and smoke.
In other' words. you give him $25.00 for his own use?
Yes. And $10.00 put them away and $7.00 I use for the car because
-I got no car:
Do you make an accounting to the state of this mqney that you use?
Do you make an accounting to anybody for this mone:y thatyou us.e?
Yes. I put them in the bank.
. \iyhere do you put ·the money?
. In the bank in BuJ.~gettstown.
Is that the Mellon Bank?
Yes .
Do you know how much there is in there now?
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No.
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Well. it is my understanding that·this hou~e·bur~ed~1· wJs· it ·last March?
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It was last April.
Of 1969?
Yes.
And you have made an agreement with the insurance company as to
how much he is supposed to get for that?
For the insurance.
Yes.
WellJ the man come outJ he seesJ that's what they payJ $2200. OOJ
that's what he say.
When that· money is collected that will be an additional fund that will
be part of his estate.
Yes.
Is it your wish that you become appointed guardian of his estate?
WellJ I was like to because I'm anyhow J I do everything for him.
In other wordsJ basically you have been handling whatever business
he's had?·
Even before he go.in the hospital he was coming to meJ see my
u ii: ~ q attitude to thisJ to that. He was make me watch his money and ever~ -
• thing.
Q For exampleJ who paid the ~iret insurance pre,miums ?; ·,
A MeJ with my own money. f 1,.
Q You paid those out of your owmmonE2y:'P
A Yes.
'.
15
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Q Who paid the bills for him that he· left when he. went to the hospital?
A Me.
Q So you feel .that you should have this appointment as guardian,·
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You realize that ifyou take tl}is appointment that. there are some
responsibilities with it? . ; '·
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Well, I 1nD understand ..
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You. have to make certain accountings to the Court .as a guardian.
Well, yes, ::. .. cr: . .dt. ··. : .• ::.t ~ : . ' ..
And knowing that. .you still 'would like to have the appoirltment. is
that correct?
Yes.
Does the Court have any questions? I'm sorry, Mr. Ecker?
Ill 1-~ EXAMINA'J;'ION BY MR. ECKER:
Q.
Ill .a:
Mrs. Boccabella. we'd just like to.ask you· one .;question. We
understand Mr. Joe Kovach is a tenant or lives on the property that
your son owns. Is that right?
A I put him there for watch the place. He· was pay $10.00. And then
last year. no. two years ago. he make two windows on the building,
Q In . .other: words, this building was in the process of being built-.
Is that right ?
A Yes. He make these two windows. I was mad because more tax.
16
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you don't get nothing. So I raised the rent to ·$20.00. One year h_e
pay $20. 00. With that $20.00 I was pay the tax, I was bring som eth~ g
to him, buy ..sometimes Lb~y clothes for him. I don't make him pay
to nobody. !take it off that. This year ta~ I pay with my own money
because this man no pay rent for my 'place.
· In other words, he paid you $20.00 a month for a year but he's not . . . '
paying anythi~g now for rerit ?
No,; because he live in the garage. In the house he don't live no
more.
And you don't intend to ask any more rent f~om him, is that right?
No.
A 11 right . Thank you.
~EXAMINATION BY THE COURT: a: 0 Q.
~ Q Mrs. Boccabella, before the fire, can you give us an idea of how 1-0: . ' :l
8 much this house and the acreage, there is a little over half an
A
Q
. ' acre there, 0.-7646§·;ac:r;~s, that's a"little over half acre, how .mud?-
, .. ~ ' ...
would you say it was worth?
.
Well, my son no pay much because friend sell it to' him. But the . . ..
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lot, I b~ttcha you ca~ get a couple thousand dollars you can say'.
'l hat is the lot ?,
' ' ..
A It's a nice place.
Q How much would everything be worth before the fire?
17
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18
A Before the fire, I would say $4, 000. 00.
Q About $4, 000.00? .
A $4; 000.00. I try to sell it, how you buy it, but I no cah ·sell it.
-Q • Ar
But you think it's worth about $4, ooo. oo?
At that time.
<
~Q > And the insuran<;:e company is willing; to pay for the-fire damage if
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Ill z z the guardian is appointed. How much money is the insurance company
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Mrs. Boccabella, the Stat e of Pennsylvania, Commonwealth, has
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a claim agaipst Edwin because of his maintenance at TorranceHos pial
for a iong time. We know that. The claim has been filed. Now do c
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else have any claim again~t him, do you know?
Ill ... II: A 0 II. No. He have a little bit here and there.! pay. The people was comin?
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to me, $20.00, $25.00, · I pay it just to keep my son's name goo~ .
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.J Q < All rightnow. Do you know of any other. claims now that are not
u ii: 1&. 0 paid yet?
-' ~ . e A No. ~ -.. 1 \
~ ' J ~.,\ ' .-• . ·f . -Q You don't know of any othe'r claims?
.
A No. Just he have to pay me. I owe $500. 00.
Q You owe him or does. he owe you, which?
A
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l)pay his bills .
I
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•
Q He owes you $500.00 then?
A Yes.-
Q Because of the bills yyu paid?
A Yes •
Q How do you know it's $500. 00?
< A How do I know? I take it from my pocket and I give it to him and he
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pay the bills. That's what he was making me worry. That's why
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I think he was get sick, see.
~ Q Did you keep a record everytime you gave him money? How do z
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I know because I take the money out of my pocketbook and give it
to him. He have the bill, $500.00.
0 g Q Oh, one bill? ..,
X ~A One bill. He have $500.00 on the bill, you know. That bill I got
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ffi that came from the lumber company. it make me worry . .... a:
0 ~ Q Is that the lumber company ?
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g A Yes. 0
.J < ~ Q You paid that?
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A Yes.
Q ·How about all these small bills .you ,pay?.
A That small bill, I no count them.
Q I see.
' A Just this year tax I pay with my own money, and 'the·insurance·I·
pay my own money.
19
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20
Q But the $500.00, that was for the lumbe.r and.soforth?
A Yes.
Q You want that back?
A I'd like tohave it becaus'e l,ain_'t got no mol}ey either. I got $71.00
e a month, so can I live on that?
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0 1-~A Yes. The reason I'd like to have. that money, I liK.e to have that
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What you do with the money after you get it, that is your business.
0 ::> .., ·.But he owes you $500. OO.now.
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NA Yes.
'ui. a: ~Q And the small bills you paid, you are going to forget that?
0 D. 1&1
a: A
1-Yes, I do.
a: ::> 0 u Q ..J And there l.s in the bank now, Mellon Bank in Burgettstown---
< 0 ii: A II. It's around $500.00.
0
e Q You take $10.00 out e.aclB.tiine.
A Every month, yes.
Q All right. Are there any other questions of this witness?
MR. HANNA: No, Your Honor. That's the petitioner's
testimony, Your Honor.
THE COURT: All right. At this time we will receive in
.
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evidence and make part of the record the Affidavit of Saul Greizman
M. D.~ concerning the status of the mental health of this individual~
and concerning. the fact that the con~ition of Edwin Boccabella is
such that his welfare would not be promoted by his .. presence in
Court today. The said Affidavit having been ma~e by a doctor in a
mental institution controlled by the State of Pennsylvania, the same
will be received as an ex parte affidavit. We will also receivE? in
evidence and make par.t of the record the letter of the said Dr.
Greizman, Acting Superintendent of Torrapce State Hospital, under
date of December 22, 1969, sta~ing in substance, that the doctor
had again examined and seen the alleged i~orn:R.~t:ent on December.2·2r d
. .
of 1969, and that it is the doctor's opinion that the said individual
is still incompetent and not able to handle his affairs. Are there
any other matters for the Co}lrt?
~MR. HANNA: .. That's 'all~ Your Honor. Thank you.
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(Proceedings Closed).
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the _above cause. and _that Ul ... QOJ)Y .fa a :CO~rect :btUJScript of. the: sam~ •.
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