HomeMy WebLinkAboutOC1969-1381 - ESTATE OF SIEK,IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHA NSf COURT DIVISION
IN RE:
ESTATE OF
ROBERT E.SIEK,
an alleged incom petent.
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No.1381 of 1969
HEARING ON PETITION FOR APPOINTMENT OF A GUARDIAN
BEFORE:
APPEARANCES:
TIME:
THE COURT:
MR.ECKER:
THE HONORABLE P.VINCENT MARINO,
Judge of the said Court.
ROGER ECKER,ESQ.,of Washington,Penna,.,
repres enting the Petitioner.
Monday,January 26,1970,at 10:00 o'clock
A.M.,EST.
Mr.Ecker?
If the Court please,this is the time set for th
incompetency hearing in the matter of Robert E.Siek,an alleged
incompetent.And I have to present to the Court at this time the
Affidavits of Service on the alleged incompetent and the proposed
guardian.I will present thes e along with a form of order which the
Court suggested,leaving blank.the bond amount.
THE COURT:The Affidavits of Service having complied wit
statutory requirements and with the Interlocutory Order of this
Court,are ordered filed and made part of the record.You may call
you r witnesses.Do you have your medical witness?
2
MR.ECKER:
THE COURT:
Yes,Your Honor,we do.
Perhaps you will wish to call him first.
Yes,sir.
You may do so.
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XUl~DR.MARTIN STUTZ IS CALLED AND SWORN .
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~DIRECT EXAMINATION BY MR.ECKER:
Ino~Q.State your name for the Court please.
u~A Marin Stutz,M.D.
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George Washington Hotel,Washington,Pa.
And your profession?
Physician.
A re you a lieens ed physician in this s tate ?
lam.
Where doyou maintain your offices,Doctor?
The Washington Trust Building,Washington,Pa.
How long have you been in practice?
Since 1930.
3
A I am.
Q I am going to direct your attention to the alleged incompetent,Rober:
E.Siek.HavE¥ou treated this person?
Yes,.,Ilve seen him on occasions .
Approximately how long has he been a patient?
Well,the last visit was---he had been discharged from the Torrance
State Hospital April 26,1969.He was admitted July 11,1967.And
I saw him in June of 1969,shortly after he was discharged from the
Torrance Hos pital.
Doctor,can you state for the record generally his physical and men al
condition?
Well,he's a retarded individual.From his history,he had third
grade education and he sustained several head injuries,auto ~njury
in August,1959,and then he was hospitalized.And then in January,
1967 he had another'head injury.And since those date.~,why,he's
had convulsive seizures and had brain damage.He's been on medi-
cation for such.
Doctor,can you state whether his condition would be a substantial
or a minor physical problem or mental problem?Is it a substantial--
Substantial,I would say.
Do you know what the patient's age is,Doctor'?
He was born in 1915,eighth month,11th day,1915.
So that would make him 54 years old,is that correct?
Yes.
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Q Can you describe his behavior?
A Well.as I say.he has a chronic brain syndrome.He's a retarded
individual.not well oriented.That's about it.
What is the likelihood in your opinion,Doctor,that his condition
will improve?
No.I would say no.The outlook is poor,very poor for improvement.
In your opinion,Doctor.can the patient,Robert Siek,exercise
good judgment with res peet to ordinary every-day matters and
common sense?
No.I would say no.
Can the patient,in your opinion,handle money.bills.and make nor al
payments?
No.
Doctor,if this person were permitted to handle his own ordinary
busi.ness affairs,would it be possible for designing persons to take
advantage of him?
It sure would.
Based on your examination,Doctor,is it your opinion that the pati t
is able to handle his own ordinary business affairs?
No.he isn't.
I think that's all we have,Your Honor.
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EXAMINATION BY THE COURT:
Q Doctor,is his m ental condition due to the accident that he had sus-
tained or is it a congenital condition?
A Congenital.But there's been an aggravation.
5
Q By the accident?
poor?
Very very poor.
And you definitely state that he is not able to handle his own finances
~A Yes.:c:-oJgQ But he I s retarded by reason of the congenital condition?-Li~A Yes.
()...,~.Q And at his age,54,and the length of time that he has had this
o«:=condition,you would conclude that the chances of recovery are very
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and business affairs?
Yes .
So thatyou would recommend a guardian to be appointed for him?
I would .
That's all.
MR.ECKER':That's all the Commonwealth has.At this
time,Your Ho nor,we call the proposed guardian,Mrs.Alberta.
JESSICA SIEK ALBERTA IS CALLED AND SWORN.
DIRECT EXAMINATION BY MR.ECKER:
Q What is your name?
A Jessica Siek Alberta.
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A nd how old are you?
48.
What is you r addres s ?
1187 Jefferson Avenue,Washington,Pa.
A re you em ployed ?
Yes,I am,self employed.
What Qoes lyour emp~oyment consist of?
I run a tavern and restaurant.
Is this known as Siek's Tavern?
That's right.
What is your relationship,if any,to Robert Siek?
He's my brother.
How long has Robert Siek lived with you?
Well,we have lived together all our lives.
Has there been a period during which Robert Siek was not living wit
you?
A For,I think,one or two years when he was married.
Q What was the result of this marriage?Is he still married?
A No,he's divorced now.
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as a result of this accident?
brother and what the nature .of thes e problems were?
No.He can't work anymore.
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he used to go into convulsions then he wouldn't rememberAnd
That's when I had to put him in the State Hospital.
Well,he had another head injury and it started making him mean.
What is his condition today?
That's right.
And you are currently taking care of your brother,is that correct?
He had severe head injuries,broken leg9'broken ribs .
You spoke of a wreck.What kind of injuries did your brother suffer
you could get along with him until he had his wreck,and after that,
Can you tell the.Court when you started to have problems with youT
Well,Bbtby has always been retarded.He had polio when he was a
For how long at period has he not been employed?
child and it left him a little retarded.But he was'easy going and
I'd say since about 1959.
his personality started changing.
Yes,I have.
Is he currently employed?
Do you know if he's been employed for any length of time?
He's worked,he's worked for Capital Distributing before as---well,
he picked bottles up,sort cases and things like that for them.
Ha ve you been taking care of the patient?Q
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Can you tell the Court about your own education?How far in school
Would you be able to keep a basic simple account of any monies
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Is he currently under medical treatment?
Yes,he is.
Whatkind of medical treatment does he receive?
He goes to the medical clinic.
Do you mean the Mental Health.Qinic?
Yes.Then he has to take pills everyday.
Does he also see Dr.Stutz periodically?
Yes,he does.
Can you tell the Court if your brother has any private estate,
or income of his own?
No.he doesn't;j~st his disability check.
Can you tell the Court please what your education is?
You mean how far he went in school?
Yes.
He just went about the third grade.
did you go?
I went about the 11th grade.
Can you do simple arith~etic problems?
Yes.
Can you read and write?
Yes.I can.
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received and any payments made on behalf of your brother?
A Yes,I do.
Q If the Court were to appoint you guardian,do you realize that you
would have a res p:msibility to account to the Court on behalf of your
brother?
on the original papers.
Yes,I do.
If the Court please,do we have the cons ent which she signed?I
Here it is.
think we have already made that a part of the record.I think·it',wasi
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Mrs.Alberta,I show you the Consent to Serve as Guardian.Can
you identify that signature on there?
That's my signature.
to~Q I think that's all we have,Your Honor.
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:EXAMINATION BY THE,COURT:..-:
II
ii:Q Mrs.Alberta,are the parents of Robert and yourself living?lO.la
A My mother is.
Q With whom does she make her home?
A 'We live with her.But she is 78 years old now.
Q That is in Washington?
A Yes,that's right.
Q And you operate Siek's Tavern?
That 's right.
Are you married?
Yes,I am.
Does your husband help out in the operation of the tavern?
My husband and I both work there.
Your brother Robert was married and divorced?
Yes.
Did he have any children?
They had children but the State took the children off of them and my
mother adopted them.But the one boy died when he was 21.
So that o(her than the adopted child,there are no other children?
No,there isn't.
Does your brother Robert ow n any real estate"?
No,he doesn't.
Does he have any personal property such as stocks,bonds or checking
accounts?
No,he doesn't.
Was your brother Robert ever a member of the Armed Services
of the United States?
No,he c'wasn't.
He wasn't in the Army?
He joined the Army and then when he took his examination they turn
him down on account of his mentality.
Q Well,he wanted to join the Army then.
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A Yes.
Q But never actually went in?
A He was,I believe at Fort Slocum for about three weeks and then they
discharged him.
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So that as far as you know now,the only income that he has is from
the Department of Public Welfare and the disability payments.
That's right .
How much does he get from the Department of Public Welfare?
Is that $24.00?
That I S right.
A month?
Yes.And $81.00 Social Security.
Does he have any other income at all ?
No,he doesn't.
What has he been doing with the money that he received up to this ti Ie?
Well,he paid my mother $50.00 a month board.When he came out
of the State Hospital he didn't have a bit of clothes so he's been
buying his clothes all along,catching up on his clothes .
When did he come out of the State Hos pital?
April will be a year,I believe .
And he has no money saved up now then?
Yes,he has a hundred some dollars of his saved up.$146.00,I
think.
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A Yes,Ido.
Q He pays your mother $50.00 a month?
A Yes.
Q Do you know whether your mother is going to continue to heep him
at $50.00 a month?
A Yes,she will.
Q As counsel has suggested,if you are appointed guardian of his
estate,you must keep an accounting of all the money thatyou receive
and all the money that is s pent for his maintenence.Do you und erstand?
A Yes.
Q And eventually when called upon to do so by the Court,you have to
make a report of that to this Court.Do you understand that?
A Yes.
Q Do you feel that you will be able to do that?
A Yes.
Q Who keeps the books for your tavern?
A I do.
Q You are a sister of Robert Siek?
A Right.
Q Does he have any other brothers and sisters?
A He ms one brother.He lives in Canonsburg.
Q Just the one brother?
A Yes.
Q No other sisters?
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No.
What is the brother's name that lives in Canonsburg?
Henry Siek.
I believe this is all the questions the Court has.Do you have any other
questions,Mr.Ecker?
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~MR.ECKER:No,Your Honor.That's all we wish to
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::ii;present in this case at this time,Your Honor.--u..-:)
I-.,-(Proceedings Closed)
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..I3 I hereby certify that the proceedings and evidence are contained
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:J~fully and accurately in the notes taken by me on the hearing of,toe above
..~cause,and that this copy is a corre t transcript of the same .
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The foregoing record of the proceedings upon the hearing of
the above cause is hereby approved and directed to be filed.
By the Court,
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVA N
No.of 1969----
IN RE:
ESTATE OF
ROBERT E.SIEK,'
an alleged incompetent
(
)
(OrphansI Court Division
)
(
)
PETITION FOR THE APPOINTMENT OF A GUA RDIAN OF AN INCOMPET NT
To the Honorable,the Judges of said Court,the Petition of
Jessica Siek Alberta,by her attorneys,Peacock,Keller &Yohe,res-
pectfully petitions your Honorable Court as follows,to wit:
1.The petitioner is Jessica Siek Alberta,an individual who
resides in the City of Washington,Washington County,Pennsylvania,and
whose Post Office address is 1187 Jefferson Avenue,Washington County,
Pennsylvania,15301.
2.Robert E.Siek,the alleged-4ncompetent,is an individual
who resides in the City of Washington,Washington County,Pennsylvania,
and whose Post Office address is 1187 Jefferson Avenue,Washington,
Pennsylvania"15301.
3.The said Robert E.Siek resides with the said Jessica Siek
Alberta,who is a sister at the above address.Robert E.Siek is an
adult"aged 54,who was born on August 11,1915.
4.It is believed that the said Robe~E.Siek is physically
and mentally incapable of handling his affairs or taking care of himself
and is legally incompetent.
5.The said Jessica Siek Alberta has consented to serve as
guardian of the estate of the said Robert E.Siek,an alleged incompetent
as evidence by the Consent to Guardianship,which is attached hereto and
made a part hereof.The said Jessica Siek Alberta has no adverse
.-~..
..
inter-=st in the estate of the alleged incompetent.
6.The said incompetent has no estate and his only sources
of income are a monthly grant of ..$24"00 from the Department of Public
Welfc:re of the Commonwealth of Pennsylvania for his support and main-
tena~e and a monthly payment of $81.10 Old Age Survivors Disability
lnsur3.nce.The proposed appointment is for the purpose of designating
the proper person to receive and manage such assistance payments.
7.The said Robert E •.Siek is not employed presently.He
appears to have no concept of the value of money and requires super-
visioN in other areas of functioning such as receiving rnerli:~al care.Fur-
thermore,he has difficulty in expressing himself.His family physician
is Martin Stutz of Washington,Pennsylvania.
WHEREFORE,your petitioner prays your Honorable Court
to ap;)Qint Jessica Siek Alberta,guardian of the estate of Rot>ert ..:J2.,
Siek,an alleged incompetent for the purpose of receiving and managing
assis:ance payments with authority to execute any appropriate instruments
including reimbursement agreements,etc.,as may be required by the
Department of Public Welfare in establishing the incompetent's continued
eligiJ::ility for public assistance.
PEACOCK,KELLER &YOHE
-2-
"
COMMONWEALTH OF PENNSYLVANIA (
)SS.
COUNTY ·OF WASHINGTON (
Before me"the undersigned authority"personally appeared
JESSICA SIEK ALBERTA"who"being duly sworn according to law"
deposes and says that the facts set forth in the foregoing PETITION
FOR THE APPOINTMENT OF A GUARDIAN OF AN INCOMPETENT
are true and correct as she verily believes.
~J,hL aJJ.v.t;
FGaSiek Alberta
Sworn to and subscribed
before me this ~ay of
~R<r>ab--J "A.D."1969.
Mary Jane Smith,Notary Pubtrc
Washington,Washington County,P.
My Commission Expires
February 28,1973
•
..I'........
~N THE COURT OF COMMON PLEA S OF WA SIllNGTONCOUNTY,PENNSYLVA
IN RE:ESTATE OF
ROBERT E.SIEK,
an'alleged incompetent
(
)Orphans'
(No.
).
Court Division
of 1969.
CONSENT TO SERVE AS GUARDIAN
I,Jessica Siek Alberta"being sui juris,and of sound mind
c=.nd body"and having been fully informed concerning the facts in the withi
];.roceeding and of the nature of the responsibilities inTelved"do hereby
consent to act as guardian ,for Robert E.Siek,an alleged incompetent"
c=.S the Court may direct.
'f),
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY"PENNSYLVA
IN RE:ESTATE OF
ROBERT E.SIEK"
an alleged incompetent
(
)Orphans I Court Division
(No.Istl of 1969
)
Citation returnable
not be adjudged an
INTERLOCUTORY DECREErzANDNOW"('~/,,/;(J.f..~~J"1969"upon consideration of the
annexed petition,it is Ordered and Decreed that a Citation be awarded,
as prayed for,directed to Robert E.Siek,to show cause why he should
incompetent and a guardian of his estate appointed;
to ~flu .....2";1770 ~d>.cr-O Itf
hearing on same to be~:um:time.7
At least twenty (20)days notice of the hearing shall be given
to Robert E.Siek,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.
p.j.
//
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IN THE CDU.RT O..F COMMONPLE1A
OFWASHINGTONCOUNTY,PENN .!.
~~.PIHffiS 'oF<t~~T DIVISION f
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IN RE:ES.'rATE OF ROBERT
E.SIEK,an alleged
incompetent
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVAN
ORPHANS'COURT DIVISION
IN RE:ESTATE OF ROBERT
E.SIEK,an alleged
incompetent
(
)NO.1381 of 1969
(
)
(
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA (
)SS.
COUNTY ,OF WASHINGTON (
Before me,a Notary Public,in and for the county and state
aforesaid,appeared EDWARD J.POPOVICH..who..deposes and says
that he served a true and correct copy of the Petition and Interlocutory
Order at the above number and term on Robert E.Siek at his residence
at 1187 Jefferson Avenue..Washington..Washington County,Pennsylvania..
by handing a copy of the same to him,he being personally known to
your affiant..and making the contents thereof known to him on the
d:-day
fJ M.
..1970;A.D.at __;<...;."_,_'..::.3_CJ 0'clock..
Sworn to and subscribed
before me this 2nd day of
Edward J.~6povich'
......
January ..1970..A.D.
97L~~dNotarypuliC
Mary Jane Smith,Notary Publi~
Washington,Washington County,Plio
My Commission Expires
February 28,197a
._..•-'-
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY.PENNSYLVA IA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF ROBERT
E.SIEK"an alleged
incompetent
(
)NO.1381 of 1969
(
)
(
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA (
)SS.
COUNTY OF WASHINGTON (
Before me"a Notary Public,in and for the county and state
aforesaid,appeared EDWARD J.POPOVICH,who,deposes and says
that he served a true and correct copy of the Petition and Interlocutory
Order at the above number and term on Jessica Siek Alberta at her
residence at 1187 Jefferson Avenue,Washington"Washington County"
Pennsylvania"by handing a copy of the same to her"she being person-
ally known to your affiant,and making the contents thereof known to
her on the
o'clock
,;>...day Of~~L-e-~
fJ M.
,1970"A.D.at c:2 :30
Edward J.t:::7
Sworn to and subscribed before
January,me this 2nd day of ------"---
1970,A.D.
C}:JJ ~J ~~LA--,:.--?=d~
Notary Pu IC
Mary Jane Smith,Notary Public
Washington,Washington County Pa.
My Commission Expires '
February 28,1973
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In the Court of Common Pleas of
Washington County,Pennsylvania
Orphans'Court Division
No.1381 of 1969
IN RE:
ESTATE OF
ROBE~T E.SIEK,
an alleged incompetent•
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY~PENNSYLVA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF ROBERT (
)NO.1381 of 1969
E.SIEK~an alleged (
)
incompetent (
1970"upon
ring held following
FINAL
AND NOW~this E day of --t:=.r=:::.~6=.:~..-/
consideration of the annexed petition a
due notice,it is ORDERED AND DECREED that
Ro.BERT:.E::::.$:IEK is adjudged an incompetent.
JESSICA SIEK ALBERTA is appointed guardian of the estate
of Robert E.Siek~an incompetent.
The said guardian is directed to file an inventory in accordance
with the provisions of Section 402 of the Incompetent's Estates Act of
19 ')5~as amended.
Said guardian shall have authority,inter alia,to receive and
administer the assistance payments paid by the Department of Public
WE-lfare for the support and maintenance of the incompetent;and like-
wise authority to execute reimbursement agreements as required by
thE Department of Public Welfare,so long as such come within the
pu=view of the powers granted such guardian by the Incompetent's
Estates Act of 1955,as amended.\\.
The said guardian shall file bond without surety.in the sum of
$1,000.00 (one-thousand dollars);however,should the assets of the
in~mpetent's estate exceed the sum of $300.00,this event shall be
reported to the Court and bond with surety shall be required.
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COURT OJ!COIvIMON,PLEAS,OF
WASillNGTON COUNTY.PENNA.
OrphansI Court'Division
No.1381 of 1969
IN RE:
Estate of ROBERT E.
SIEK.an alleged incom-
petent
BOND OF GUARDIAN
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68-70 EAST BEAU STRE'E;,T
WASHINGTO~IPA.••153Q!./.,X'
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COURT OF COMMON PLEAS OF WASHINGTON COUNTY
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF ROBERT E.
SIEK,an alleged incompetent
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(.No.1381 of 1969
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BOND OF GUA RDIAN
KNOW ALL MEN BY THESE PRESENTS,that I,Jessica Siek
Alberta,an individual,residing at 1187 Jefferson Avenue,Washington,
....~.
Washington County,Pennsylvania,am held firmly bound "Unto the
Commonwealth of Pennsylvania,for the use of the Estate of Robert
E.Siek,an incompetent,in the sum of One Thousand and no/100
($1.•000.00)Dollars,to be paid to this Commonwealth to which pay-
me:lt,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 everyone of them firmly by these presents.
Sealed with my seal and dated this ¥lIday of ~,1970
THE CONDITION OF THIS OBLIGATION IS SUCH"that if the abov
botulden successor guardian shall well and truly administer the estate
acc:::>rding to law,this obligation shall be void;but otherwise it shall
remain in force.
Signed,sealed in the
pre3ence of:
~~~~~Ll~~'~~~~~,SEAL)Siek Alberta