HomeMy WebLinkAboutOC1969-1392 - ESTATE OF MARRIAGE LICENSE ATCHINSONIN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY ,PENNSYL VANI
ORPHANS'COURT DIVISION
If it please the Court,I'd like to appro ch
I wanted to ask the Court if there would
THE HONORABLE P.VINCENT MARINO,Presiden
Judge of the said Court.
ARTHUR M.WILSON,ESQ.,of Wa shington,Pa ,
representing the Petitioners..
December 12,1969,at 3:00 o'clock P~M.,
EST.
.You may proceed.
HEARING ON PETITION FOR AN ORDER DIRECTING
THE ISSUANCE OF A MARRIAGE LICENSE
the marriage license in this case.
the bench and give you my Petition and the Application fo
WILSON:
APPEARANCES:
TIME:
THE COURT:
MR.WILSON:
BEFORE :
IN RE:)
)
APPLICATION OF WILLIAM )
)
SALISBURY AND SHARON ATCHINSON )
)
FOR A MARRIAGE LICENSE.)
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be any particular format we should use in this particular
hearing.
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THE COURT:
MR.WILSON:
No particular procedure.
Okay.I will,first of all,I'd like to t 11
the Court that I am here to present the Petition for an
Order Directing the Issuance of a Marriage License for Wil iam
Salisbury and Sharon Atchinson,who are seated here at the
table with me.Notice by personal service has been given
to Miss Atchinson's parents at R.D•.#.l,Hickory.And I
believe they are present in the Courtroom.And as a matter
of record~in the Petition,that a child was born to this
couple on July 29,1968.And at the present time,Mr.
Salisbury is a Private First Class in the United States
Marine Corps,and must return to active duty in North
Carolina this Tuesday.The purpose their being here,
it is their desire to be legally wed in the Commonwealth cf
Pennsylvania',Pur suant to the marriage law,consents of th
minors'parents are necessary for such Application for su
a license to .issue.The parents of Sharon Atchinson hav
withheld their consent and the purpose of this hearing is to
pray that the Court would issue an order granting the
Application for the license,despite the refusal of conse t
and over the refusal of the marriage license Clerk of th'
Court.
In behalf of our position,we'd like to
offer into evidence the following facts:That Mr.Atchi~on
at the present time draws approximately $140.00 per mont~
military pay.
THE COURT:Mr.Wilson,that type of information is
better brought out by the testimony of the applicant.
MR.WILSON:Oka •At this time then I I d like to ask M-,
William Salisbury·3
William Salisbury to take the stand.
·\,
'..,,;WILLIAM SALISBURY IS CALLED AND SWORN.
DIRECT EXAMINATION BY MR.WILSON:
Armed Services?
Which branch is that?
Marine Corp s.
Yes,sir,now.
Is that Private or Private First Class?
Are you presently in active duty with any br.anch of the
You are now,aren't you?
Not now,no.
What is your rank in the Marine Corps?
Private.
Your present address?
80 Pennsylvania Avenue.
Would you stat e your full name for the Court please?
Private William Edward Salisbury.
Private.
COURT:
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THE COURT:Very well.
Q What is your present rate of pay in the Marine Corps,
approximate amount per month?
A $140.00 a month.
Q As a member of the Marine Corps,would you be able to hav
an allotment sent toyour wife,were you married?
William Salisbury
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Yes,I would.
And the person you desire to marry is present in this
room today?
'.'
A Yes.
Would you point her out please?Let the record show that he
is pointing to Sharon Atchinson.
Q
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i!:~THE COURT:Is it the lady holding the baby?.J..~Q No.It's the lady sitting at the table.
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:i THE COURT:Very well.~0Cl~Q And what is the present impediment,that is to say why isxUl~~it that you can't now,right now get married to Miss Atchi.son~
THE COURT:
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Her paTents won't give us consent.
Do you have any idea why they won't?
Just they're too attached to the .batry,I guess.
The baby,now the baby in the Courtroom here,do you
acknowledge this as your son?
Ye s,I do,
Born,-I believe,July 29,1968?
Yes •
Which child is that?
Q The child is the child being held by Mrs.Atchinson.
THE COURT:Very well.
Q And if granted a license to marry Miss Atchinson,would yo
marry her this day or as soon as possible?
A I'd marry her today.
Q As a member of the service,are you entitled to what is
William Salisbury.
A Yes,sir.
Q And do you have any idea in what face amount this would be~
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Q
No,I don t t.
This particular type of insurance,from your personal
knowledge,do you know if it covers accidental death while
Ye s,sir.
I think that will be all.
you are in the service?~z~~A>-CDz
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Q Mr.Salisbury,how do you spell your last name?
A SAL I S BUR Y•
Q Your certificate here from the Doctor has your name Salislerr7.
Is that incorrect?
A Yes,sir.
Q Your parents are giving consentto your proposed marriage 0
what is her name?
A Sharon Atchinson •
Q Your parents giving consent?;".
A Mrs.Lillian Brown.
Q And she is your mother?
A 1e s,sir.
Q If your father living?
A Yes,sir.
Q Where does he live?
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Q He is not living with your mother?
A No,sir.
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-\Q They are divorced?
A Yes,sir.
Q How far did you go in school,sir?
A Ninth grade.
Yes,sir.
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Here in Washington?
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How do you happen to be:":in the service of the United States:.;
of America?
I ju-st went up and joined up one day.
When?
Last JUly.
Was that the same month that your child was born?
No,sir •
~Q Your child was born on July 29,1968,we are informed,
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or did you join in 1969?
169.
What were you doing prior to that time,prior to your go g
into the service?
I was working down Bridgeville landscaping,then I got la d
off.
Q Where at in Bridgeville?
A McClane Road,landscaping for Lee Beck.
Q And you were laid off?
A Yes,sir.
ed the Arm ?
William Salisbury 7
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Yes.
You have been in the Army since?
I've been there for about five months now.
Well,you have been in the Army since July of this ye ar •
July 29th.
Is that right?
Yes.July 29th.
Where have you been stationed:'dU!,ing this time?'.',;;,
Paris Island,South Carolina,and Camp'Lejeune,No~th
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Paris Island is a training spot for the,Marines,is,it not.
"Yes •
You are not in the Marines •
Ye s,sir.
I'm sorry.We weren't told that.
(At the direction of the Court,off-the-record discussion
was not recorded by the stenographer).
Now,sir,where else were you stationed besides Paris
Islands?
Camp Lejeune,North Carolina.
And how long 'were you at Camp Lejeune?
Two months.
Q Is the present leave which you have one that is given you
just prior to your being assigned to duty in South Viet
Nam?
A Ye s,sir.
Q How much leave did you have?
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Twenty days.
And when does your leave expire?
16th.
Of this month?
Ye s,sir.
Which would be,I believe,next Tuesday or Wedne~day.
Ye s,sir •
When you secured your leave of 20 days,did you immediate
come here to your home?
Yes,sir.
Then you have been here in Washington ever since securing
your leave of 20 days?
Yes,sir.
Did you make prompt application to your lady's parents
that you wanted to get married,that is to Mr.and Mrs •
Atchinson?
No,sir.
You did not?
No,sir.
Why didn't you do that?Didn't you have a mind::'1of getting
married?
Her daughter did,sir.She was talking to them about it.
And the ~y I heard,they said that they would sign the
papers for her to get married if they signed little Billy
over to them.
8
Q You heard that?
A That's what they told me,yes,sir.
William Salisbury 9
Q And who was it that spoke for Miss Atchinson in your behaif,
a sister of hers?
She spoke for herself.
And you were given to understand that they would not
consent to this marriage unless they got custody of the
child?
Yes,sir.
Did you or Miss Atchinson refuse that custody?
She did.
Of what religious faith are you,sir?
Protestant.
And Miss Atchinson?
I don't know.I think she's a Protestant.
Has there been any discussion had by Mr.and Mrs.Atch1ns
concerning religious differences or anything of that kind
in refusing to consent to this marriage?
Not that I know of.
So that if you were getting married and the Court gave yo
the right to do so,this would not be solemnized in a
church marriage,would it?
No,sir.
It would be a civil marriage.
Yes,sir.
Now,sir,when did you become 18 years of age?
April 7th.
Of this year?
William Salisbury
Q So that your date of birth was April 7,1951.
A Ye s,sir.
Q And you are of the Caucasian or white race?
A Yes,sir.
Q And the lady whom you wish to marry,Miss Atchinson,is
also of the Caucasian or white race.
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~A Yes,sir.~~Q I believe that's all the questions the Court has at this
uL time.-oto
;MR.WilSON:
You are excused,sir.
At this time lId like to ask Miss Sharon
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~Atchinson to take the stand please.
SHARON K.ATCHINSON IS CALLED AND SWORN.
to..
a DIRECT EXAMINATION BY MR.WILSON:
I:I;l5 Q Would you state your full name?
La
~A Sharon K.Atchinson.
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: Q Could you tell us where yuu reside presently?..-:~A R.D.1,Hickory.
Lo Q How long have you known Bill Salisbury?
A Four years.
Q Have you two dated and been acquainted for that period of
time?
A Yes.
Q Do you presently desire to marry Bill Salisbury?
A Yes.
Sharon Atchinson
11
Q And what is preventing you right at this moment from marr ng
him?
Yes.
the child as your own?
give their consent?
You can see no impediment i~your future happiness as man
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and wife?
No.
I think that will"be 'all,sir.
And to the best of your information and belief"do you
feel that you and William could be happily married if per
mitted to marry?
Yes.
Yes.1I
And William has expressed his desire to also want to raise'
Well,they love the baby and me.
If you and William were to marry,would you want to raise
the child?
To the best of your knowledge,do you.know why they won't
My mother and father won't give their consent;"A
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EXAMINATION BY THE COURT:
Q Miss Atchinson,of what religious faith are you?
A Protestant.
Q And your parents?
A Protestant.
here in Court toda ?
Sharon Atchinson 12
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Yes,they are.
Your mother is the lady holding the child?
Yes,she is.
Where have you been living since the child was born?
At their home in Hickory.
That is at your parents'home?
Yes,sir.
And the child has been there also?
Ye s,sir.
Have your parents expressed any objection to the proposed
marriage on the grounds of any religious beliefs?
No,sir.
Do you folks in Hickory or where ever you are there,
Hickory,R.D.,attend any church of any particular religo)us
denomination?
No,sir.
You do not?
No.
How do you know that you are Protestants?
That's what they told me.
Am I to understand that during your entire lifetime that
you have not gone to church?
Well,I went,yes.
Where?
Canonsburg.
What church?
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I don't know the name of it.
Did you attend there with other persons or with your paren s?
With other people.
Do you know of any time that your parents have attended ch ch
as far ,back as you can remember?
No,sir.
And they hold themselves out to be Protestants?
Ye s,sir.
And have they told you that they are Protestants?
Ye s,sir.
How far have you gone in school?
Tenth grade •
Where did you go?
Fort Cherry.
You claim that you have known Mr.Salisbury about four yea s?
Yes.
Did he come to your home to date you?
Yes.
And did your parents know that he was dating you?
Yes.
What is your father's occupation?
He's a winder at the Pennsylvania Transformer.
Do you have other brothers and sisters living at home?
Yes.
How many?
There's three sisters and one brlbt.her at home.
Are they all of school age?
Sharon Atchinson 14
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Yes.
Are you the oldest?
Yes.
And are the others who are of school age all attending scho 1
regularly?
Yes.
Where do they go?
Some of them go to Fott Cherry and the others go to Hickor
Elementary.
Your child was·born on July 29,1968?
Yes.
So that this past July your child was one year old.
Yes.
Did Mr.Salisbury make any proposal of marriage to you whi
you were pregnant with your child before the child was bor
Yes.
He did?
Yes.
What did you do about it?
Well,we talked it over,but I don't know.Th~wouldn't
sign,my mother.Me and my mother,his mother and Bill
were talking it over and she said wait until the baby was
born before she--
Q Well,what did your parents have to say about it?
A To wait until the baby was born to see what happens.
Q Well,the baby was born in July,1968.Now what was done
after July,1968 towards contracting a marriage?
Sharon Atchinson
A Nothing.
"~Am I to assume then that Mr.Salisbury didn't want to marry:
you at that time?
15
Q
A
I don't know.He wanted to,I guess.
But he never expressed himself?
Yes,he asked me to marry him.
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~I don't know.After the baby was born.I don't know when.zIIII.zQ Is the child in good health?
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~Yes.
:r;II~.Are you in good health?
That's all the questions the Court has •
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wnSON:
the stand.
I'd like to ask Mrs.Brown if she will take
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ll:11/l-ll:oII.11/~LILLIAN YVONNE BROWN IS CALLED AND SWORN.
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8DlRECT EXAMINATICN BY MR.WnSON:
.J0(gQ Would you state your full name please?
II.o'A Lillian Yvonne Brown.
Q Are you the natural mother of William Salisbury,one of t
petitioners here?
A Yes.
Q And has William resided with you from the time of his bir ?
A Yes.
Has William ever helped you around the house in any ways?
Mrs.Brown
A Always.
Q Chores and--
A Always.
Q Haq he ever given you any financial help?
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Yes.
Could you explain a little bit what type of financial help I
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nets given y.:ou?
When he held his job over in Bridgevil3l.e,he put so much
money in the house every week towards bills and groceries ..
He bought his own clothing •
You are divorced from William's natural father?
Yes •
And this perhaps gave rise to the necessity for William
ot help you with the bills around the house.
~A Y,.es.
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~Q And do you know of any ill habits that William might have,...~~drinking,smoking or gambling or anything like this?...
II:~No.-He never gave me no trouble •
.:J<J~Q Did Bill live with you up untml the time he went into the
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Ye s,sir •
Are you familiar with the other petitioner,Miss Atbfuinson.
.A Yes,sir.
Q And has she visited with you in _your home on occasion?
.A She came often.
Q Would you be content to haw Miss Atchinson as your daught r-
Mrs.Brown
in-law?
Nothing could make me happier.
As a matter of record,have you given your consent to the
marriage of William,who is a minor?
Ye s,I did.
No further questions.
Mrs.Brown,you have remarried,is that true?
sir.'J..e s,
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And doe,s-·your pre sent husband live with you?
Yes •
Do you have any children by him?
No.
to••Q How long have you been married to him?
I::11 F~our years.
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L•cQ And your former husband is living in this vicinity somehwe e?
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gA Out at Pancake.I think hets remarried too.
oJ-:~Q How many children did you have by your first marriage?
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c'A Four.
Q Where are they now,other than Mr.Salisbury?
A They are all married except Billy.
Q Are,they all older than William?
A Yes.
Q Of what religious faith are you,Mrs.Brown!
A Protestant.
Mrs.Brown 18
Q Do you attend church?
'A Not now.
Q Have you attended church?
A Yes.
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Where?
Cross Creek.
What church would that be?
Church of God.
You never required your son,William to attend church,did
you?
All my children went to church and Sunday School.
They went to separate churches?
No,they all went to the same one.
So that you feel that Miss Atchinson would make a good
wife for your son?
position to the Court •
Honor.At this time,I'd like,if I may to summarize our
Ye s,I do.
That's all the Court has.
THE COURT:The Court will call a witness at this time as
I have no flurther witnesses to call,YourWILSON:
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the Court's witness.Mrs.Atchinson,will you testify
for us for a few minutes?
Mr s.Atchinson
MRS.CAROL JEAN ATCHINSON IS CALLED AND SWORN.
EXAMINATION BY THE COURT:
Q What is your full name?
A Carol Jean Atchinson.
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And how old areyou,Mrs.Atchinson?
38.
Your husband is here in Court today?
Yes.
What children do you have,Mrs.Atchinson,other than Miss
Atchinson here?
I have three other daughters and a son.
Three other daughters and a son?
Yes •
Ar'e they all at home?
Yes.
Do they attend school?
Yes.
Mrs.Atchinson,did you know that your daughter,Sharon,
was dating this individual,Mr.William Salisbury?
Yes.
And is it true that they have known each other approximate y
four years?
A Approximately,yes.
Q Where does your husband work?
A Down Pennsylvania Transformer in Canonsburg.
Q Do any of the children work?
A No.The Ire all in school.
MJ;'s.Atchinson
Q How long has your husband been with the Pennsylvania
Transformer?
A 18 years.
Q Mrs.Atchinson,will you tell us in your own words why
you refuse to give your consent to this proposed marriage?
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Well,for the first place,he's never asked to marry my
daughter.He's never come to me and asked me or my husband.
It was never mentioned,only by my daughter kept saying
she wanted to get married.That's as far as we knew,she
wanted to get married.He would never come over,never;
about once a week,if he came over once a week.She hadto
beg him to come over to see her.Also,he never paid attention
to that baby.He gave that baby $35.00 in a year and a half •
He never was interested.He cussed the baby out one day,
when I invited him to see the baby,and he said a dirty
filthy word about that baby and he's not interested in the
baby at all.All he's interested in is,I don't know what
now •
Did he infer when he was talking about the baby that he
wasn't the father of the baby?
No.He never refused to say that.He never said that.
But you point out that he never came to you or your husban
A Never.
Q Directly to ask your consent for marriage?
A No,he never did.
Q Is that what you point out?
A Yes.
Mrs.Atchinson
21
Q Had he done so and come to you folks directly,then you
would have given your consent?
As soon as we got that letter,We didn't know what to think.
No,I did not know it.
Well,when you got this letter yesterday stating that ther~
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marriage here in this Court?
at all.Never.
would be a hearing here today,how did that strike you?
We got a registered certified letter up the Post Office.
The Post Office called us and when my husband went to pick;
Iitup,we were just real shocked.We dIDn't understand it.I
Do you wish to inform the Court then that youd idntt even
nothing.He's never come over to us and mentionedmarriage
know that your daughter and he were making application for
A Well,like I said,he never paid that much attention to thE
baby and he's never showed no attention to my daughter
after this,after the baby was born,none at all.So I just
told her if he would straighten up in the Marine Corps,
maybe that could straighten him out,that I would prefer hEr
to marry him since he's the father of the baby,I would
prefer my daughter to be married to Bill.But this way,
they snuck around,we didn't know nothing about this at al
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the Constable came to the door with another letter.We
didn't know what to do.My daughter was up Bill Salisbury's
at the time.I had been letting her see him.We never
refused her or the baby to see him.But it was all on her
Mr s •Atchinson
part,not his.He don't come to the house;he don't call.
That's all a bunch of B.S.
Q Am I to understand then thatpu feel that this marriage would
22
Would you hear her talking to him over the telephone?
not be a successful marriage for her and for him?
Not now.Maybe when he's out of the service,but not now.
I do not think so.She has to beg him to call her.When you
She sits on the phone and cries when he calls her,she cries.
I don't know what he's saying to her,but she sits there
and cries and S3.ys,llPlease,Bill,don't;please,Bill,
don't.ll I don't know what he's saying to her,but she
keeps crying on the telephone.
Mrs.Atchinson,do you feel that it is best for this COUplE
not to be married and to raise a child that is illegitimat~
in this world and continutes to be illegitimate?
Listen -when we figured that some day Bill and Sharon
would get married,but only when he settled down when he
was ready to,we'd sign.But he's not ready for marriage a:d
my daughter is not ready for marriage.My daughter has
been dating other guys.She's been dating different boysc
and having fun too,just ashe was doing the same thing.
And I mean he didn't---that baby didn't mean nothing to hi
nothing at all.
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have to beg someone to call you and she'has
half the time and he won't call her •
Do you have a telephone at home?
Yes,we do.
to call him
Mrs.Atchinson!23
Q
A
You feel then that -they are not serious about each other?
I donlt think they are serious enough,no.I don It.I donlJ
know what brought this up here,marriage business.I donlt I
know why they did it this way at all.They could have at IJast
I
come to talk to us about it.
Where?
Bill was always welcome to my house.lIve never refused
Sharon up to see him because he said he couldnlt find his
Many times I took
way down our house.
Up on Pennsylvania Avenue up to his place.I tried for-
them to get along and maybe some day they would get married
I
because the baby is his and he knows it.He admitted it.
But I do not think they are ready for marriage.
that might otherwise be successful just because you didnlt I
have the satisfaction of having them come to you personally?
I didnlt hold no grudge until we found out about this pape~.
!
when he did come to see her,never.
him to come to my house.I never refused him to see Sharon!
Donlt you think that itls a small personal matter to hold
a grudge against this couple just because he didnlt come
and talk to you personally and interfere with a marriage
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Q Mr.Wilson,doyou have any questions of this witness?
Mrs.Atchinson
EXAMINATION BY MR.WILSON:
Q Mrs.Atchinso~,you said you are presently 38 years old?
A Yes.
Q And your daughter Sharon is presently 18 years old?
24-
A Yes.
:!Q And we can assume you were married when Sharon was born?..:c~Yes.i;..
~Were you then 21 years old when you were married?...
No.I was 19.
Did your parents consent to the marriage?
Yes.
They gave their wtitten consent?
Yes.
Were you married here in Washington County?
I wa s married in Langeloth,.p a.,Washington County.
Do you think you would have changed your plans,had your
parents withheld their-consent at the time you wished to
get married?
Yes.I listened to my mother.
You would have waited another two or three years to get
married and you think you could have maintained a working
relatiaship with the same man and married him three years
later and you both would have felt the same way about it?
A I think I could.
I
And it was mentioned earlier your daughter testified that
you said perhaps they should wait until the baby was born
Mrs.Atchinson 25
before they did anything about marriage.
A I told Sharon that because Bill has never mentioned marriage.
Never once.I told Sharon that.She's the one that mentioned
Q
marriage,not Bill.
If no one mentioned marriage,why would you advise her to
wait to marTY him?
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i:i~Q What do you mean,nobody to marry?.,..~A I wasn't gOing to go .tohim and ask him to marry her.
;;~Q It's my understanding from the testimony of these two
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people they had wanted to marry and it was your advice
that they wait until the baby was born.
Marriage wasn't mentioned,only by my daughter.
You mean to you?
To me,yes.
I think it is customary that the man usually proposes to
the girl and not to the parents.So isn't it possible that,I
he could have asked your daughter to marry him without having
asked you?
All she ever said was,"I'd like to get married."That's a I
she ever said.
She didn't say to whom?
Oh,yes,to Bill.
So you knew he must have asked her to marry him.
A No,I don't believe that.I know my daughter.
Well I mean I think it seems to mer unusual that you shoul
Mrs.Atchinson 2E:
expect the boy,17 or 18 years -old,to come up and ask
the girl's mother if he could marry her.I think perhaps this
was the custom at one time,but I think the practice now
is they usually make the proposal directly to the girl
marry her.
I think hers going through a pretty rugged period in
that.
Hers only been in five months.
Yes.He never showed no affection for Sharon.
his life now,Basic Training in the Marine Corps,and he's
gone through there without invoking any rath of anyone.
He's an honorary member and I think it's common knowledge
that a person must be pretty evenly tempered to go througt
and then ask for consent.It seems to be what happened here.
I still say they should have asked us too.
You said you thought maybe when Bill settled down he could
Did you mean settle down,you said after he was in the
Marine Corps,you mean after he gets out?
No.I didn't mean after he gets out.
I'm saying he's probably gone through the most difficult
time of his training and it would seem to me this would
indicate,if hers not going to settle down he certainly
wouldn't be a member in good standing in the Marine Corps ig~t
now.Don't you agree with that?
A I don't know.I didnrt see his records.
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Q Well,he's here in uniform and I can inform you he is
an honorary member of the United States Marine Corps and
Mrs.Atchinson
he is expressing his desire to marry your daughter right
here.He's gone to the trouble of bringing it into the
Court.Now if this isn't bringing it home to the parents
A
of the daughter,I don't know.what is.
I think this is a rotten way of bringing it to the parents,
I still say he should have come to me.We're not monsters.
We talked to Bill nice;never did we holler at him.He
could have come and said he wanted to marry Sharon.
Perhaps he was aware ofyour feelings that she shouldn't
marry him until after he got out of the Marine Corps and
it might seem pretty futile to come and ask someone's parents
then.
sign.
(Witness excused).
That's all,Mrs.Atchinson.
Mr.Atchinson?
You don't know your husband's feelings on it?
Yes,I do.
That's all.
I will not sign for them right now.I know that.I will not
COURT:
COURT:
Mr.Atchinson
THOMAS FRANCIS ATCHINSON IS CALLED AND SWORN.
EXAMINATION BY THE COURT:
Q What is your full name,sir?
A Thomas Francis Atchinscn.
28
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And how old are JOu?
4-3.
The lady that just left the witness stand is your wife?
Yes,sir.
Have you ever been married prior to the marriage to your
present wife?
No,sir.
That is your first and only marriage?
Yes,sir.
How many children do you have?
Three daughteTI~and a son•
.;Q And you work where?
J:III
~A Pennsylvania Transformer,McGraw-Edison.
LIII~Q You have been working there 18 years?
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:J~A I'm on my 19th year now.I have 18 years in.
oJc~Q You folks don't attend church very much,do you?...;)
A Not recently,no.
Q Did you ever attend church?
A Yes,until I was 15,then me and my wife attended,It's
been four or five years ago,at Cecil United Church of Chr st.
Q Now,si~,giving us your own thoughts and not those sugges ed
by anybody else,what would your reason be for refusal to
ive consent to this marriage?
Q
Mr .Atchinson
jA One reason,I think they're both immature.And I don't
think right now in the service he can actually support a
wife and a son.And I know my daughter is in love with him,
but I don't think that he's in love with my daughter.
What makes you have that feeling?
--
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Well,he never came to see the child.He never offered---·
think he paid $35.00 support in a year and a half 'that the
baby was born;he paid $35.00 for the child.
Who did he pay that to?
He paid it to my daughter.
Did your daughter ever bring any case against him TIl Court
to try to get support?
Yes.
What happened to that?
Nothing.
Well,he cer.tainly---
He didn't work long enough to make any money to pay her.
Did they put down an order of how much he should pay if he
were working?
Yes.
How much?
I think it was---my wife would know.
Q What is your estimate?
A I think it was ten or fifteen dollars a week.I'm not sure
Q But in all the time you say he just paid the $35.00?
A Yes.
Q Now do you have any other reasons for objecting to the mar iag~?
Mr •Atchinson.
30
are
I think he's jUst--they/both too youqg and they're not
grown up to realize what they're getting involved in.
Q How old were you when you married?
A 24-.
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And your wife?
19.I had a job.I was going to school And I thought I
was able to support her.I asked her parents.
Are you similarly upset the way your wife is because Mr.
Salisbury didn't come to you folks and say,llMay I rpa,rry
your daughter,Sharon?ll
To a certain extent.I mean I think that he should have
been man enough to ask us and not the way he done it.It
bothered me to a certain extent.I think it would bother
any father.
Is that the reason or'one of the reasons or the main reaso
that~u are withholding your consent?
No,sir.That has nothing to do with it.My main reason is
because I don't think he's making enough money to support
a family.
Well,he's in the Marines.He's in a similar situation of
thousands if not hundreds of thousands of other persons
in the service who have a wife and child or even more than
one child and they get along,do they not?
A Sir,I was in the Army when Sharon was born.I was oversea
and I know how rough my wife had it.When the Korean War
broke out they called me back in and I know now rough she h :i
to live out of m
31
She's
Well,she is going to manage to live if she doesn't marry
some manner or otner together with the child if the marria
And don't you think she is going to continue to exist in
without getting any money from him.Is she not?
lived this far without getting any money from him except
$35.00,hasn't she?
Tha t 's true.
think the thing out •
No,I know that.I understand that.But it's just---I've
got to explain what I mean.I don't think that a person,
even if he ·sends her his whole pay,she could not live on
that much money.
If you get so many dollars a month,that's it.You're not
going to get more dollars a month because you sit down and
I know that.I understand that •
iQ You don't believe in service people being married?
A Yes,I agree.They should be married,but I think they should
reason it out and see if they can afford to be married.I
spent a few years myself in the Army.I know how rough it is.
What difference is reasoning out going to be?You only
getso much money.You can think about it all you want to.
It's not going to increase your pay.
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doesn't come about and he doesn't send her a aime?Won't
she continue to live?
A Yes.I guess you're right.
Q Wouldn't she be that much further ahead if she got $100.00
or $150.00 or whatever the allotment is for them,that's
Mr.Atchinson
32
better than getting nothing the way she would be getting n w
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I don't think he wants to marry her.I think it's more
she's pressured him into marrying her.I hate to say this.
My'boy,my son is 12 years old.He asked him one day,"Are
you going to come down and see your baby?"And he told my
son to "F"that baby.,And I don't think---
Your son to[d you that?
Yes.
You weren't there?
No,sir.I don't think he'd come home and say something
like that to me.
Mr.Wilson,do you have any questions of this witness?
•
~XAMINATION BY MR.WILSON:
III...~Q I'd like to ask Mr.Atchinson who is presently 'supporting
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~Sharon and the baby?
:Jo~A Me.
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u~q Would you have any objectipns to your daughter and your gr nd-o
son living at home with you if they were married,if she
was married to William?
A I wouldn't have no objections,no.
~So that your primary objection---
A If he can support her the way she should be supported and
the boy.But I still-I don't think the marriage will last.
Q Your primary objection up··;to this point seems to be that he
couldn't support her.
A I don't think he's in love with her.
Q As it presently stands,you are supporting her and the chilp
and indicate a willingness they could live therewhile he is
33
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in the service~So were he to send her an al~otment,she
could be no worse off than she is now.She could only be
better off.Is that right?
I don't think so.No.
yOu mean if you continued to support her while he is in
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I'd rather support her than have a lot of trouble.
I don't know what you mean by a lot of trouble.I'd like
to stick to the issue of support though.You are presently
supporting your daughter and your grandson.
Yes.
And you indicated a willingness to do so while he is in
the Marine Corps if they were married.
If they were separated,I can't see me having to keep ---.
I'm talking about if he's in the Marine Corps and he's not
in Washington County,your daughter and grandson you say
could live with you as they are presently doing?
Yes.
Okay.If you are supporting them now and you would support
them if they were married and Bill would send her some
money if they were married,she could only have more money,
right,and now less if they were married?So the problem of
Mrs.Atchinson
support is a non-existent problem.
A Support,yes.All right,as far as that goes.But what abmt
the love for the baby and that?
Itt s my personal opinion,and I don't know if it is proper
for me to interject at this point or not,I think anyone
that would come into Court'like this and put everything on
the open record,they must have a certain sentiment for
each other.
My daughter brought this jnto the Court.
3+
COURT:Were you making a remark,Mr.Atchinson?
My daughter forced this into Court.Because before,many
a night that girl laid in bed and cr±ed and cried on the
telephone.
COURT:Mr~.Atchinson,is it fair to assume that
because your daughter has feelings of love for this gentle ~n,
is it fair to assume that just because she loves him a
whole lot that he doesn't love her?
He has never,in the year and a half,shown any love toward
her.He writes her letters maybe once every two or three
weeks.He's never sent the baby nothing.He's never gave
the baby nothing.I dontt read her mail,but I doubt
whether he even mentioned the baby in his letters.He's ne er
gave that baby nothing,not a toy or nothing.And I know
if it was my son,:,a:td go out of my Wqy to do everything
in the world for him.
So you feel that all in all,his protestations of love
for your daughter are not sincere?
Mrs.Atchinson 35
IANo,sir,I do not.I think my daughter is sincere with her I
love for him,but his for her,no.
I
Is there any other testimony to be presente
You are excused,sir.Thank you.
And you feel that his actions over the past year or year
Are there any other questions,Mr.Wilson?
I have no further ques ions of Mr.Atchinso ~
and a half are proof of that?
Ye s,sir.
(Witness excused).
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>~THE COURT:z1&1Il.
:io~~HE COURT:
J:Ul;to the Court in this matter by anyone?
under advisement.But we will state now that there will
(Proceedings Closed).
be no decision in the matter rendered today,not until nex
week.We will adjourn.
(At the direction of the Court,off-the-record discussion
was not recorded by the stenographer).
Very well.The Court will take this matter
All right.You may do so •
I have no witnesses to call,Your Honor.
But with the Court's permission,I'd like to summarize
my position in this case and the position of the p"etitione :c.
WILSON:
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IN THE COURT OF CONI-ION PLEA
OF WASHINGTON COUNTY,PENN-
SYLVANIA,ORPHANS'COURT
DIVISION,N0o/3/?itc;~"'"
IN RE:APPLICATION OF
WILLIAM SALISBURY AND
SHARON ATCHINSON FOR A
MARRIAGE LICENSE
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PETITION Fb~~AN ~~RDERj-;~
DIRECTING W~~ISSUANC~~(
OF A MARR:rAGE L~~~ENSE~
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II RICHMAN."GREENLEE.a.P03A
E)f!RRleO LAW
ATTORNEYS AT
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WASHINGTON,PA.15301
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IN T':-IE COURT OF COMMON PLEAS'OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN R:3::APPLICATION OF WILLIAM )
)
SALISBURY AND SHARON ATCHINSON )No.
)
FOR A MARRIAGE LICENSE')
.,
PETITION FOR AN ORDER DIRECTING
THE ISSUANCE OF A MARRIAGE LICENSE
The Petition of William Salisbury and Sharon Atchinson
respectfully represents:
1.That William Salisbury,an emancipated minor,is
eighteen years of age,having been born on April 7,1951,and
that he is presently a member of the'Unitec States Marine Corps.
2.That Sharon Atchinson is a minor,having been born
on Mcrch 2,1951.
3.That on July 29,1968,Sharon Atchinson gave birth
to a.son,and that William Salisbury acknowledges that he is the
father of said child.
4.That the petitioners presently desire to be legally
marrLed in the Commonwealth of Pennsylvania.
5.That the parents of William Salisbury have consented
to said marriage of their son as evidenced by their written con-
sent filed with the Marriage License Clerk of washington County.
6.That the parents of Sharon Atchinson have refused
to consent to said marriage.
7.That as a result of such refusal to consent on the
~art ~f the parents of Sharon Atchinson,the petitioners were
",.
refused a marriage license when they applied for the same on
Thursday,December 11,"1969,.at 3:00 P.M.
8.That William Salisbury must ~eport back to active
duty in the Marine Corps on Tuesday,December 16,1969.
9.That the petitioners desire "to marry so that they
might enjoy all of the legal and social be":lefits of marriage and
so t":lat tme son born to Sharon Atchinson might thereby be 1egit-
imiz:d.
10.That the marriage and subsequent legitimization
of t~e sa~d child would entitle the child and/or Sharon Atchinson
to 1ega11~inher~t the Estate of William Salisbury in the event
that the said William Salisbury should die or be killed prior to
the ::ime that he reaches his majority and ~hen has the capacity
to marry the said Sharon Atchinson.
THEREFORE,the petitioners pray ~hat the Honorable
Cour~issue an Order authorizing the issuance of a marriage
license to the petitioners.
GREENLEE,RICHMAN,DERRICO &POSA
By ~Ill.Uk
»Attorneys for Petitioners
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{,7IntheCourtof~ommon Pleas of
Washington County,Pennsylvania
Orphans I Court Division
No.l;3q~~/fr;,f
In Re:Application of
William Salisbury ahd
Sharon Atchinson for a
~arriage License
OPINION
(Marino,P.J.)
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ORPHAN'S COURT
WASHINGTON,PA.
I A A .-;-07..6-'
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.Applittttinu JJrnr flarriugr ilitrtt.ar
:OWlMONWEALTH OF PENNSYLVANIA}SS
COUNTY OF WASHINGTON
We.the undersigned,in accordance with the statements hereinafter contained,the facts set forth 'wherein 'we and
~aci 0:us do solen:nly'swear are true and correct to the best of our knowledge and Jelie£s,do hereby make application
,,0 the Clerk of Orp~an's Court of Washington County,Pennsylvania,for a license to marry.
Sn.TEMENT OF IV'.ALE
is t!ler::!any relationship of blood or marriage now existir.g between applicants _!i.~.
Tull name and surIElme ~.!.~.~..!.~~~.~~.~!.~.~.:t?.~.~Y.:_ _Race Whlt.~
.Me.rine Corps '.-Washir."ton,Pa..Occ:apation._·Bir.thplace _Q .
.80 Pennsylvania Ave.,Washington,Pa.Besidelce ..
Date·01'Birth..._~-:..p.:.7..~~.??..~Age !.~.yeara.
.No '
Pretious marriage 0::marriages Date of death or divorce of former wif~or wives ..
I;a.Jp1f(:ant afflictec with any h-ansmiJSsible disease N9.Name and surname of F..ther ~.~?!::.~~~.~.~.!.~.~~~.y.
0:'II-:otl:er ~.~~.!~.~~~!'.9..~Maiden name of Mother _L.j.,.llf~n J.~.okin.s ..
.~Unkown Same as aboveResIo!Ien.::e of Father of Mother _..
DloJ'oj Father _..~~.~.~:of Mother W.h.!..t.~_..
.'_Unkown Hous 3wifeO:::co,pation of Fathe,:of Mother ..
B-:rtbjpla::e of F atheJ..~::~.~~.~.~.~.8.~~.~.'-~~..!Of Mother :W.~~.hJ.J.g.t.9..RI ~.~::.
IE applio:ant an imbe~ile,epileptic,of unsound mind or under guardianship as a pel'SOl of unsound mind,or under the
·...,1 'f . t '.:ti li',ti d No H li t ·thin fih.uence 0 any m o::aca ng quor or narco c rug...........................................................................as app can WI ve years
been an inmate of any county asylum or home for indigent persons ~~_Is applicant physically able to
-(sqpport :l family e..3 ..
S~AliEMENT OF FEMALE
Sharon K.Atchison WhiteF1!l).::lame and surna:ne _..............................Race .
Ol:cupatiDn ?.~.~.~~.~.~:.~:: :Bil'thplace 'ii.~.~.~.~~S.~9..~.I..r..~.!~..
R.,sidenoe ~.~.~.~.~.~.~~.~.!?:~?.~.Y..,~~..!_.
D~te of Birth ~~!?~!:9..?..~Age J.~years.
Pnevbus:marriage or:i"narriages ~9.Date of death or divorce of former husband or husbands !.
Is aP:Jlicant afflicted with any transmissible disease..~.Q Name and surname of Fa:ther........r;r.h9..~.~~Ay..g.h~.~.9..~
of M.ther ~.~~~.~~.~!?.~.!.~g~Maiden name ~f Mother g.~.r.9.J ~.~ly.Jn..
Re;sic8nce of Father_~.~~~.~~.~9..y.~of Mother ~.~~~.~~.1?9..y..~.
~olor of :Father ~.~.!.~.~.'of Mother ,Whi.t~.
~.O~upl.tilln of Father ~~?~.!::~of Mother ij.Q.l!~.~.W.~f.~L .
Birthpace of Fathero<.L ~.Y.~.!!.~X~.!.of Mother Vnk:.Qw.n ..
Is ap~lic:ant an imbec:le,epileptic,of unsound mind or under guardianship as a person of unsound mind,or under the
.,f .t -'...l'oti dr g No -;:':'.mf2uellce 0 any m mc.ya,.mg Iquor or narc c u .
~.~jJ.L0J.I/..IGNATURE OF APPLICANT (Malel ~~;;..
SI':XNATURE OF APPLICANT (Female~t.!f/.U&~1..1£~.a:::;n .
Sw3=,..,,ub,"ib.d b".,"m.tm.J,l,~!>d,y.L~~~=~:_~_':~
Official Title g.~.~!~_~..~~..~_~.
(OIficial Seail My Commission expires ..
.1.Each party to ':he contract must 'be sworn to the facts in his or her ca,se.
2.In.case of miners,be sure .to have two adult witnesses·:to signature of parents'::onsent.Magistrates cannot act
as ,lViu.es::.
3.In case of Miners the consent of Father or Mother will be taken.
4.If marriage is dissolved 1?y div~rce,a cer~ed ~opy of the decree of divorce must be'produced with applica'tion to
Cle:-k )f ')rphans'Court,and filed WIth the applicatIOn..
5.The Clerk's fees are as follows,which please .enclose:When both are of age,'53.50.For each minor,$.50 add-
itiO:J.al.ffi:lking $4.00 oJ'$4.50 as tile case may be.
,6.In case of Divorce $2.50 extra for each Divorce decree.
([~U!itnt tn t4t marrittg~'af tt Q!4ilb nr lIarb
.~J;.
residing at..
{
'Father
do hereby certify that I am the Mother
Legal Guardian
of .
*.
residing at .
who is now years of age.That I have been
..~informed of :.intended·marriage'
to .
and hereby consent to said marriage.
SIGNATURE .
Witness:.
Witness:_.
Sworn and subscribed before me·this..,.'day
of ::•.........196 .
&h.~•••••••••••••••••••••••••_•••••••:••:••~•••••_.~.~••••••••••_••••••••~•••••••••••••••••••••••••••••••••
Official Title .
I,:::::.
residing at.._ _ :..~.
{
Father
do hereby certify that I am the Mothe.r .
Legal Guardim
of _.
*...-_-_-.-:_--._--_.._------__-.__._-__.
J ."0 Cresidingat _ _ .
who is now :.::::.years of age.That I ha.ve been
·informed of...'..: :..:::.intended marriage.
to _ _ .
and he;r.:~J;>y..consent.to said marriage.
SIGNATURE _ .
Witness:_ .
Witness:_ .
Sworn and subscribed before me this day
of ::,:~::~196 :~
•__•••••;•••••••••••••••••••••••••••••••••••:•••••••••••••••••••••••••••••••••••••••••••••••_••••••••••••••••u
Official Title.::__ .
My Commission Expires......................................................................I My Commission Expires ,.,.., _ .
N.B.-The foregoi~itcertificate to b~~ttested by two,witnessed and acknowledged 'before'a Justicd o:f'the Peace or
officer competent under the law to receive acknowledgmeI!ts.
j J j
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"!,:L A'l-rj '69 DOC 11 Prl 3.04,!•r:li A.ro,..:.'....."-<-,.....'I',~~i !~.!•0 "'.i Hi"".,....',....,"•II}••e.~~..
-""-ll i Pil!..~I "'"....RUS ,Ell 11A'RINO ",i ,:>:
""Jl i al"r:l i _ttS REGnER OF WillS i i ....:as i 0 !.....~;:r-t"i .-II ...!I:>....i !."::l"....,",l;l lot ,,'"
A Z M!.r:l !f.:l ttS .b..:ti .~~:tJ):~•"":.~...
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,~
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atn qllMql.1OJ anss,!0l paZT.1Olune S!lino:::>.sueqd.1O aql JO }{.1ar:::>aql pue paA!eM :hqa.1aq SJ 'ZSI ''1 .d 'Sf:6I 'L ,.{ew JO lOyaqlaqpap!Ao.1d saep aa.nn JO popad llU!lleM a,ql 'UMOqS .asneo anp uo ·········96I ,;'~.ou ·puy
_..;,;•'•.J t
·apew S!.1ap.1o sJtn.qOrqM .1apun t9 .'1 .d •LZ6I 'tZ qo.1eLl JO lOy aql
aq pap!Ao.1d as0tll ldaoxa Mer JO sluawa.lJ1\ba.l .IaqlO aue .10 'ueW.lenll .10 slua.led s,.Ioulw at{l JO luasuoo aql .IoJ allssaoau
aql qllM asuads!p aeM ou ul neqs .Iap.lo Sl!ql :J.eql '.IaAaMoq 'apIAo.ld ~.I0UIWI PIes JO :jJsa.lalu!lsaq aql .IoJ SU!.Ieadde II..._·············································'··ql!M 'S.leaa uaalx!s JO alle aql'.lagan .Ioujw e
..........................................................................................................:.········································]0 allep.lew aq:jJ .IoJ asuaon e anss~Ol pazl.lOqlne
aqa.1aq S!l.rnO:::>,sueqd.lO aql JO }{.IaI:::>aql UOne.lap!SUOO anp .IalJe ,········96I •.........................................-;',tl\OU PUV'
oa,,'
GREENLEE,RICHMAN,DERRICO &POSA
ATTORNEYS AT LAW
WASHINGTON TRUST BUILDING
WASHINGTON,PENNA.15301
O"VLORO W.OREENLEE
S-rEPHEN I.RICHMAN
PATRICK :.DERRICO
~"UL~.PellA
O·:)RDON ...HAltRINOTON
December 11,1969 TELE~HONE••
WA.HINOTON •••·7•.,0"'''U,,,,,,,y "'-7••0~,"••U"O"M'-7aOO-
Mr.and Mrs.Thomas F.Atchinson
R.D'.•1/1
Hick::>ry,Pennsylvania 15340
Dear Mr.and Mrs.Atchinson:
.Please be advised that I represe~t William
Salsberry and Sharon Atchinson in their attempt to
obtain the marriage license necessary to consummate
a legal marriage in the Commonwealth of Pennsylvania.
Since the consent of the parents of a minor
..is necessary to obtain a marriage license,William and
Sharon have been unable to obtain a license.
They have decided to appeal from this refusal
of a license,and a hearing on such appeal will be held
Frid~y,December 12,1969,at 3:00 P.M~in the Orphans'
Court which is located on the third floor of the
Washington C~unty Court House.
If you wish to express your point of view on
the subject,you are welcome to appear at the hearing
and }i'ou will be heard.'
Very truly yours,
·/Zatk1JJt L~~rthur M.Wilson .
.AMW:V
..jI~
I
AFFIDAVIT OF SERVICE
STAT~OF PENNSYLVANIA
SSe
COUNTY OF WASHINGTON
Before me,the.undersigned author~ty,a Notary Public
..-
in and for said _~ounty and State,personally appeared SAM
SOLOMON,who being duly sworn\according to law,deposes and says
~I "..i
;
that on December 11 ,1969at5:00 o'clockP.M.,he served a
~'~copy of the Notice of Hearing in the Orphans Court of t~e Court
\,
of Gommon Pleas of Washingt0n.County,Pennsylvania to Mr.and Mrs.',.r
'l'hoIl't~s F.Atchinson by handing to them personally,at R.D.#1,
Hickory,_P~nnsylvania,a copy of said Notice of Hearing.
SWorn ,to and subscribed before
me this 12th day of _-=D:..::e::.;:-c::.;:e::::.:m=b~e=r ,
1
196
:""•
II-(~h/Nota ~ubric,Washington,:Iwash:.:ng}ion-~ounty,Pennsylvania
"-,-,':,.~............"MY"c~mmission EXPires:U1~/o?r 191 3'
,"
IN"THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DNISION
In Re:(
)
APPLICATION OF WILLIAM (
)No.
SALISBURY AND SHARON ATCHINSON (
)
FOR A MARRIAGE LICENSE (
o ."R~D ~E;R
.
AND NOW,December 15,1969,this matter having come on
fo~he·aring before the Court,arid a full hearing had on December 12,1969,
upon consideration of all·the testimony adduced at said hearing,the Court
,'
is of the opinion that the appeal of the applicant William Salisbury from the
refusal of the issuance of a marriage license by the Clerk of the Orphans r
Court,should be dismissed.The appeal is therefore dismissed,with each
party to pay own costs.
'~~~~#J~....···..~······t..········································~
~~
CltonJl,nt to t4'tUarriag,of Clt4ilb or llIIIarh
y .'/-#-.1.h1 .,.'..
I,f.zl:~..L~=:1C'~.=...(,.j[,.!""I.i.·.4'::1.::C£cJ..u.L ::..:residing at
"-~.'......,?..C!,£~..c.<:':.d..d~•.!.?2~.~~~:;·:.:;.;do hereby certify
that I am the.Z'(.~_LOf ./r.../....i~h.a.~,~.,~~_:£.J:id..""7 .
t :Co>(...
residing at...x....Q &d:'7..~d:..~~e.!:U)MJL i:::..~: ,who is now
.........L.dC years of age,that I have been informed of the intended marriage of my said ~~,~.L/L ~~//.,/'.k..~.c..'h.~~a~~to =~.o<:br..{,{;(,,?..d.?.:..;':,~~i C2.Cd:.4...~~:..
and hereby consent to said marriage.
SIGNE~IN THE PRESENCE OF
>:··9~u..e.".,(,4...!...t1...L&.!.A'-'!._ .
Residing at...../."'~..t...~.·.......?.1~~:t.{,.i.iJ..~l
••••u•••~di..;.{5A.kJd4:.~.(1~.(~~.£1..
UResidingat..~I:~~..=~~..
.............LU :.~f....~;:,::::c~....._.J
On this L./..r.i day Of v.:<fJ.£..73 '''''."A.D.19.b./
appeared before me,the above named..t...I../Ll..a k:1.,CO'.,(v,l1...
and acknowledged the for~going Certificate to be '.~e r:.act and def.n
...C!J..~~.N.~~('M~.~.,"'~.I I,"NOTAI'fY.P\J@LIC.
•--.f ~....L ;,.f:·:\~~!;~il.~,~rQf'l,.WA~.,.M,..~.,~7 ..
. . ..'.~~OllI~USRJINW.)-.."tTf QIlnoont 11,!>Hell uy Nlother or Guardian state whether .F'at~.~r Is~d,ep,eased..•.~~
N.B.-The foregoing certificate to b~attf.lRtAfl hy two,witli~"':5611 auu Mknbwlenged before a Notary Public,Justice of
t.hp,PP.A~I)or offic",louJllpl:Jtl:Jnt Under the law to receive acknowl~dgements.'"\.';.:~.'.
J
..'.,
,I..,.
No ..
TO
Consent of
PARENT OR GUARDIAN
With Acknowledgement