HomeMy WebLinkAboutOC1970-0194 - ESTATE OF PUHLIK-;,~
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PETITION FOR THE APPOINT-
MENT OF A GUARDIAN OF AN
INCOMPETENT'II
ESTATE OF
JOHN M.'PUHLIK.
PEACOCK,KELLER a.YOHE
EAST BEAU BUILDING
68-70 EAST BEAU STREET~~;;d.~.;{s-\/970'
an alleged incompetent.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVAN
IN RE:
ESTATE OF
JOHN M.PUHLIK,
an alleged incompetent.
)
)
)
)Orphans I Court Division
~No•.J!!l..!Jof~-/r7o
)
PETITION FOR THE APPOINTMENT OF A GUARDIAN OF
AN INCOMPETENT
To the Honorable,the Judges of said Court,the Petition of Peter H.
Smith,Executive Director of the Washington County Assistance Board,by
his attorneys,Peacock,Keller &Yohe,respectfully petition your Honorable
Court as follows:
1.The petitioner is Peter H.Smith,an individual who resides in the
City of Washington,Washington County,Pennsylvania,and whose business
address is 87 West Wheeling Street,p.O.Box 490,WaShington,Pennsyl-
vania 15301.
2.John M.Puhlik,the alleged incompetent,is an individual who reside
in the City of Washington,Washington County.Pennsylvania,and whose post
office address is 720 North Main Street,Washington,Pennsylvania 15301.
3.Mary Ullom is an individual who resides in the City of Washington,
Washington County,Pennsylvania,and whose post office address is 720
North Main Street,WaShington,Pennsylvania 15301.
4.The said John M.Puhlik is an adult..aged 48,who was born on
'.,
February 3,1921.
5.It is believed that the said John M.Puhlik is physically and mentall
incapable of handling his affairs or taking care of himself and is legally
incompetent.
6.The said Mary Ullom,who conducts the Ullom's Rest Home at the
above address,where John M.Puhlik is and has been a resident since the
,.
death of his mother in June.,1969.,has consented to serve as guardian
of the Estate of John M.Puhlik,an alleged incompetent"as evidenced
by the Consent to Guardianship which is attached hereto and made a part
hereof.The said Mary Ullom has no adverse interest in the estate of
the alleged incompetent;nor is she related to the alleged incompetent.
7.The alleged incompetent has no estate)and his only sources
of income are a monthly social security grant of Sixty-two and 901100
($62.90)Dollars from Old Age SurviTor's Disability Insurance and a
monthly grant of Fifty-six and no/100 ($56.00)Dollars paid by the De-
partment of Public Welfure of the Commonwealth of Pennsylvania for his
support and maintenance.The proposed appointment is for the purpose
of designating a proper person to receive and manage such assistance
payments.
8.The alleged incompetent is not presently employed and has
no prior work experience whatsoever.He can neither hear nor speak
and is capable of performing only the simplest tasks without the help
of others.He has had no formal education and can neither read nor write
His physician is Dr.J.K.McCarrell"HickorY:J Pennsylvania.
WHEREFORE.,your petitioner prays your Honorable Court to
appoint Mary Ullom guardian of the estate of John M.Puhlik.l an alleged
incompetent.,for the purpose of receiving and managing assistance pay-
ments.l with authority to execute any appropriate instruments,including
reimbursement agreements,etc.,as may be required by the Department
of Public Welfare in establishing the incompetentl s continued eligibility
for public assistance.
PEA COCK"KELLER)&YOHE
By "--t.?~9:L~
Roger J.Ecker
A ttorney for Petitioner
".~••
....:.<#.'•
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
Before me,the undersigned authority,personally appeared Peter
H.Smith,who,being duly sworn according to law,deposes and says that
the facts set forth in the foregoing Petition are true and correct as he
verily believes.
Sworn to and subscribed
before me thisoP·4~day
.Of.iJJ J,,',..,,-e«'If'A.D.,1969.
~~
Mary Jane Smith,Notary Public
Washington,Washington County,pa..
My Commission Expires
February 28,1973
IN RE:
ESTATE OF
QrnntlttottnttaltlI of ~tttttnylttattla
QrOUttty of manlIltt9tUtt
1u wqr Wnnrt ~f WOtn1ttott Jlran of malillin~tou (llonnig.Jruunyluania
((@rpqattn'QIourt mittlni~tt
))(QI (
JOHN M.PUHLIK.)t+t tilt·o·n )NO.194 of 1970
An Alleged Incompetent..".(()
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To:JOHN M.PUHLIK
Sur Petition of:PETER H.SMITH,Executive Director of the \'iashington
County Assistance Board,by his attorneys,Peacock,
Keller &Yohe;
~rrrtiltg:
lit Qtumntattll iou,~J,-",O_H=N=-----,-,M~.-=P---"-U..==HL=..:::I=.=Ko.--_
.that,laying aside all business and excuses whatsoever,you do file 111 the office
of the Clerk of our Orphans'Court of Washington County,a full and com-
plete answer,under oath,to each and every of the averments of the said
petition,on or before-l.:LMuonw..u.d8a,Yi1------·_,the 30tb day of__.......M..ua.......r-'-c......h"--_
19 70 ,at 10:00 o'clock~.M.,and show cause why John M.Puh1ik
should not be adjudged an incompetent and a 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,Judge of our said Court,
at Washington,Penna.,the 25 day of -"-F_e-=b.:'-..r=u_arc-y"--__,19 70
Clerk of the Orphans'Court
PEACOCK,KELLER &YOHE.Esq.
Attorney for Petitioner.
(Seal)
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY~PENNSYLVAN
IN RE:
ESTATE OF
JOHN M.PUHLIK~
an alleged incompetent.
)
)
)
)Orphanst Court Division
)No.of 1969
)
)
INTERLOCUTORY DEC
.~
AND NOW~this~dayof 197(1 ~upon consider-
ation of.the annexed Petition~it is ordered and creed that a Citation be
awarded,as prayed for,directed to John M.Puhlik,an alleged incompetent,
to show cause why he should not be adjudged an incompetent and a guardian
of his estate appoin!$d;C~ation returnable to Ir.-~JOt'l7t)~
/o;~~/f~/vr...~I
hearing on the same to be held at tllat time.
At least twenty days notice of the hearing shall be given to John
M.Puhlik,the alleged incompetent"by personal service of a copy of said
Petition and Citation,and by service of notice upon the next of kin,personally
or by registered or certified mail.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVAN
IN RE:
ESTATE OF
JOHN M.PUHLIK,
an alleged incompetent.
)
)
)OrphansI Court Division
)No.of 1969
)
)
)
CONSENT TO SERVE AS GUARDIAN
I,Mary Ullom"being sui juris,and of sound mind and body,and
having been fully informed concerning the facts of the within proceeding and
of the nature of the responsibilities involved,do hereby consent to act as
guardian for John M.Puhlik,an alleged incompetent"as the court may
direct.
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COURT OF COMMON PLEAS OF
WASHINGTON COUNTY.PENNA.
OrphansI Court Division
No.194 of 1970
IN RE:ESTATE OF .JOHN M.
PUHLIK.an alleged
incompetent
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LAW OFFICES
PEACOCK,KELLER,YOHE So DAY
EAST BEAU BUILDING
68-70 EAST BEAU STREET
WASHINGTON,PA.15301
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February 25.1970
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr.Joseph Gregos
2789 Johnson Street
Aliquippa,Pennsylvania 15001
IN BE:Estate ot John M.Puh11k
an alleged incompetent;No.194
of 1970 Orpllans'Court Division
Dear Mr.Gregos:
In accordance with the court's Interlocutory Decree of
February 24,1970.we hereby serve you with notice as next
of kin of John M.Puh11k.an alleged incompetent.that a hearing
win be held on March 30,1970,at 10:00 o'clock A.M.in the
Washington County Court House.Two questions will be considered
at that time:First,whether John M.Puhllk shall be adjudged an
incompetent;Second,.~\V;~.Mary Ullom shall be appointed as
guardian ot his estate.--
If you desire"you may attend this hearing and present
any witnesses or evidence pertinent to thisproceedlng.
Very truly yours.
PEACOCK,KELLER,YOHE &DA Y
By
Boger J.Ecker
RJE/sl"C
Enclosure
,
IN HE:
ESTATE OF
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3ht Wqr C!!ourt lIf Q!Ol1UUOtt ltI1ra11 l1f lltJa.nlliuiifOttC!!ollttfy.Jruu11yluattia
(®rp11uu'u'QIou!"t IDhti'ui~tt
))(at (JOHN M.PUHLIK,).t...ttltt"'O·U )NO.194 of 1970
An Alleged Incompetent.\l (
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To:JOHN M.PUHLIK
Sur Petition of:PETER H.SMITH,Executive Director of the Washington
County Assistance Board,by his attorneys,Peacock,
Keller &Yohe;
~rrrttug:
m.r oroutmUtt~lOtt,-=-J~OH=N~H~.--=P--=U.:=.HL=cI==K=----_
.that,laying aside all business and excuses whatsoever,you do file 111 the office
of the Clerk of our Orphans'Court of Washillgton County,a full and com-
plete answer,under oath,to each and every of the averments of the said
.,.
petition,on or before--..:JM..u.a.u.n......d~ayi1--·_,the 30th day of March
19_7_0_,at---=1:..::0-=.:-=-O-=-O__0'clock~.M.,and show cause why John M.Puh1ik
should not be adjudged an incompetent and a 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,Judge of our said Court,
at Washington,Penna.,the 25 day of ..=.F_e..=.b-,-ru-,-,--ar~yOL---__'19 ~.!L-.
Clerk of the Orphans'Court
PEACOCK,KELLER &YORE,Esq---'_---''---'''::'''O_"---''-=---=-_---'-=-=:-::.=..-A~'--___•
Attorney for Petitioner.
(Seal)
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INSTRUCTIONS TO DELIVERING EMPLOYEE
D Show to whom,date,'arid D Deliver ONLYaddresswheredeliveredtoaddressee
(Additio1zal charges requiredfor these services)
RECEIPT
Received tllC numbered article described below.
REGISTERED NO.SIGNATURE OR NAME OF ADDRESSEE (Mllsta/ways6ejilledin)
CERTIFIED NO.
616J202
INSUREb"""":"N:":"Q.----I.
055-16-71548-10 a.1>..
·,.
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/,~-}fTA ?fl"\..~~MARK OF .
(-1 197(1))~Iii~~\4..,):>_____________...1
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-'-~INSTRUCTIONS:Show name and address below andcompleteinstructionsonotherside.where applicable.Moisten gummed ends.attach and hold firmly to back ~RETURNofarticle.Print on front of article RETURN TORECEIPTRfiQUESTED•
NAME OF SENDER
Peacock.Keller.Yohe &Day.Esqui res
STREET AND NO.OR P.O.BOX
68-70 East Beau Street
POST OFFICE,STATE,AND ZIP CODE
Washington.Pa.15301
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COURT OFCOMMON PLEAS OF
WASHINGTON COUNTY,PENNA.
Orphans'Court Division
No.194 of 1970
IN HE:ESTATE OF .TOHN M.
PUHLIK,an alleged
incompetent
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AFFIDAVIT OF SERVICE
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LAW OFFICES
P'EACOCK,KELLER,YOHE e.DAY
EAST BEAU BUILDING
68-70 EAST BEAU STREET
WASHINGTON,PA.15301
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COURT OF COMMON PLEAS OF WASHINGTON COUNTY
ORPHANS'COURT DIVISION
IN RE:(
(
ESTATE OF JOHN M.(
(No.194 of 1970
PUHLIK,an alleged incompetent (
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA (
(SSe
COUNTY OF WA SHINGTON (
Before mel 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 for the Appoint-
ment of a Guardian of an Incompetent at the abaTe number and term
on John M.Puhlikl at his residence at 720 North Main Street,Wash-
ington,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 ~day of
A.D.at (0 o'clock Ll-M.
Sworn to and subscribed before
me this 25th day of __M_a_r_c_h__,1970
A.~.~~&&No ry B hc
Mary Jane Smith,Notary Public
WuIIlngton,Washington County,Pa.
M)'Commission Expll'Ol
Febru8t)'28,1973
(See other side)
STREET AND NO.
2789 Johnson Street
P.O.,STATE AND ZIP CODE
A liq~~P.ON~SER~C~S·FOR tD~~~;L FEES
POD Form 3800 NO INSURANCE COVERAGE PROVIOED-
Sep.1968 NOT FOR INTERNATIONAL MAll
RETURN ~1.Shows to whom and date delivered 1
With delivery to addressee only 60¢
RECEIPT 2.Shows to whom,date and where delivered ..35¢
•SERVICES With deliver)'to addressee only 85¢
DELIVER TO ADDRESSEE ONLY 50¢
SPECIAL DELIVERY (2 pounds or less)30¢
R.ECEIPT FOR CERTIFIED MAIL-30¢(plus postage)
SENT.TO
.Mr..Jose h Gre os
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COURT OF COMMON PLEAS OF WASHINGTON COUNTY1
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
194
JOHN M.PUHLIK1
No.of HflO----
an alleged incompetent
hearing held following
FINAL
AND NOW1 this ---Z1 day of ---=~'-JF"~J,.4-'19701 upon
consideration of the annexed petition and
due noticel it is ORDERED AND DECREED that
JOHN M.PUHLIK is adjudged an incompetent.
MARY ULLOM is appointed guardian of the estate of John M.
Puhlikl 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
19551 as amended.
Said guardian shall have authoritYI inter alia,to receive and
administer the assistance payments paid by the Department of Public
Welfare for the mpport and maintenance of the incompetent;and likewise
authority to execute reimbursement agreements as required by the
Department of Public Welfarel so long as such come within the
purview of the powers granted such guardian by the Incompetent's
Estates Act of 19551 as amended.
The .said.guardian shall file bond without surety in the sum of
Five Thousand ($5,000.00)dollars.
,...
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C6tJrtT Or CCMMCN PL~Asc>r
WASHINGTON COUNTY,PENNA.
Orphans'Court Division
l\Tr\1 QLI.nf 1 Q'70
ESTATE OF JOHN M.
PUHLIK,an incompetent
~,
BOND OF GUARDIAN
LAW OFFICES
PEACOCK,KELLER a..YOHE
EAST BEAU BUILDING
68-70 EAST BEAU STREETWASH'N7530
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COURT OF COMMON PLEAS OF WASHINGTON COUNTY
ORPHANS'COURT"DIVISION
IN RE:
ESTATE OF JOHN M.
PUHLIK an incompetent
(
(
(No.194 of 1970
(
(
BOND OF GUARDIAN.,
KNOW.ALL MEN BY THESE PRESENTS"that I"Mary Ulloml
an individuall residing at 720 North Main StreetlWashingtonl Washing'"
ton County,Pennsylvania"am held firmly bound unto the Common-
wealth of Pennsylvania"for the use of the Estate of John M.Puhlikl
an incompetent"in the sum of Five Thousand and no/100 ($51 000.00)
Dollars"to be paid to this Commonwealth to which payment"well
and truly to be made"I do bind myself~for and in the whole,my
heirs,executors,administrators,successors and assigns"and each
and everyone of them firmly by these presents.
Sealed with my seal and dated this ba day of ~,1970.
THE CONDITION OF TillS OBLIGATION IS SUCH"that if the
above bounden guardian shall well and truly administer the estate
according to law"this obligation shall be void;but otherwise it shall
remain in force.
1970ApprovedbytheCourtthist--~.......
Signed"sealed in the
presence of:
t..~..h-r/~r:/
Edward J
IN THE COURT OF COMMON PLEAS OF WASHINGTON
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
JOHN M.PUHLIK,
an alleged incompetent.
)
)
)
)
)
)
)
No.194 of
<.
HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN
BEFORE :
APPE ARANCE S:
TIME:
Tlill HONORABLE P.VINCENT MARINO,Judge orl
the said Court.I
ROGER ECKER,ESQ.,of Washington,Penna:.,r
representing the Petitioner.I
Monday,March 30,1970,at 10:00 o'clock
A.M.,EST.
THE COURT:The next matter is the incompetency
,
heariL
J
of John M.Puhl-ik,~
MR.ECKER:If the Court please,this is the time set
the 'hearing of the incompetency matter in the estate of
John M.puhlik,an alleged incompetent.We have here the
Affidavit of Service of the Petitio~upon the alleged
incompetent.
THE COURT:The Affidavit of Service having complied
with statutory requirements and wit~the Interlocutory
Decree of this Court dated February 24,1970,the same isj
~
ordered filed and made a part of this record.Are you readJ
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to call your witnesses?
MR.ECKER:Yes,Your Honor.
f THE COURT:You may pr oceed.
MR.ECKER:I will call Dr.McCarrell to the stand ••
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<z<>oJ DR.JOHN K.McCARRELL IS CALLED AND SWOR::J.>-III
i:i EXAMINATION BY MR.ECKER:Il.
i
0 Q State for the record,sir....your name~-III A Dr.John K.McCarrell.<,::
..,:Q What is your residence,Doctor?0<
itJ-A Hickory,Pa.l!e c
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==Q And your profession?0
D:J A Physician..,
:
r:.IwQAreyoualicensedphysicianintheStateofPennsylvania?i
ri Ic::...A Yes.l-e0'-And where do you maintain your offices,Doctor?u Ql:
t-Il:
:J A Hickory,Pa.0CJ,oJ
0(Q How long have you been in practice?0i:l>.Since 1940.0 A,
e Q Are you actively practicing now?,
i
A Yes..
Q With respect to John M.PUhlik,how long has the alleged!!!incompetent been a patient of yours?
~<A It's been 16 years.~
~
Q Can you state generally for the record,Doctor,the physic al
3
and mental conditionof the patient when you firBt treated him?
A
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Q
This patient is a Mongoloid and he has severe mental re-
tardation.Physically he is within normal limits,physicclly.
Do you know how old the alleged incompetent,Mr.Puhlik,s?
48 years old.
Can you state what his condition generally is 'today?
Physically he's all right.Mentally his condition is the
same as it has been since birth.
What causes the doctor to believe that the patient is in-
capable of handling his own affairs"specific behavior fa<ts?
This man is so mentally reta:-ded,f'I would say he has a
ment&age of about a three-year old.He cannot read or
write.He mumbles;he will follow directions if you lead
him and tell him what to do;he can do very menial tasks.
What is the likelihood,Doctor,that the patient's condit on
will improve?
None whatsoever.
Have you noticed any change from examination to examinati n
inhis mental condition?
No;it's stationary.
Can Mr.Puhlik exercise good judgment and common business
sense?
A No.
Q Can he handle money,bills and make necessary payments?
A No,he cannot.
Q If the patient were permitted to handle his own ordinary
the patient is able to handle his own ordinary business affaire?
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business affairs,Doctor,would it be possible for design~~g
persons to take advantage of him?
Yes.
Would Mr.Puhlik's welfare be served by his being present
in Court today?
No.
Based on your examination,Doctor,is it your opinion tha
No.
Tha.nk,you.That's all we have,Your Honor •
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~EXAMINATION BY THE COURT:
t:
~Q Dr.McCarre~as I understand it then,this condition is
a congenital one?
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That's right.
And the condition of this alleged incompetent is not like y
to change in the foreseeable future?
No •
You have known him for 16 years?
Yes.
Q If he were permitted to handle his own business affairs
and money,is it likely that he would be taken advantage
of by persons who sought to do such?
A Yes.
Q So that you recDmmend a guardian for his estate in this matter?
A Yes,I do.
Q I think that's all,sir.Tha~k you.
(Witness excused).
that?
Q What is your address?
A 720 North Main Street.
A Mrs.Mary Ullom.
I call Mrs.Ullom.
nursing?
A Just nursing in my home;I have several patients in my hor e •
Q If the Court please,may we see the copy of the consent t at
was signed?Mrs.Ullom,I show you a copy of the Consent
To Serve as Guardian in the estate of John M.Puhlik,
an alleged incompetent.Can you identify your signature n
Q And your occupation?
A I'm a registered practical nurse.
Q Do you maintain any particular business in relation to yor
Q What is your name please?
MR.ECKER:
MRS.MARY ULLOM IS CALLED AND SWORN.
EXAMINATION BY MR.ECKER:
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A Yes,I wrote it.
Q You signed that?
A I certainly did.
Q Are you familiar with Mr.Puhlik?
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ever since and I tend to him everyday.
What year are you referring to?
July 7th,1969.
So approximately how long has Mr.Puhlik been a resident
at your home?
Since July of last year,'69_
About eight months?
That's right.
Is this a sole proprietorship,the business you have?
Yes.I rent the building but I own the business myself.
Since this time,have you taken care of Mr.Puhlik?
Yes,sir.
Has Mr.Puhlik been employed during any time since he's bE en
a resident of your home?
No,sir.
Could you state generally for the Coutt and for the recor(
the problems Mr.Puhlik has in day-to-day living?
Well,the only problem I would say is,I mean he doesn't
hearyou;you have to tap him on the shoulder like when
it's time to eat or time to get up.And you have to help
him with his bath;you've got to run his bath water;and
you've got to tell him when it's time to go to bed and he p
him undress.
Q Is Mr.Puhlik capable of handling his ordinary monetary
affairs?
A No.He can't read nor write.I mean he just can't do anyt~ing.
7
Q With respect to your own education.Mrs.Ullom.are you able to d
normal arithmetic problems.read and write and take care of neces~ary
books for your business?
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Yes.I do all my own book work and everything.
How much money does Mr.Puhlik receive and from what sources '.
Well.the Welfare sends him two checks a month.And then his
stepbrother brings me in $63.00 a month.
Who is the stepbrother?
That I couldn't tell you.I really don't know his name.
Do you know if that is Mr.Joseph Gregos?
Yes.He's from Avella.But Ionly---well.for awhile we didn't
see him because he didn't get any checks and then he brought them
in all at one time.He comes in and cuts his hair.that's the only
time I see him.once a month.
Are the checks Mr.Gregos brings for Mr.Puhlik's behalf social
security benefits?
He doesn't bring them in checks.sir;he brings me just the money.
$63.00 .
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Do you know/the source of those funds is Social Security money?
Yes.because that's what he said was held up.and then he brought
it all at one time.
Q Are you willing to take care of this patient in the future?
A Yes;f he's no trouble.I mean we get along real good with him.
Q How ~is the money used which Mr.Gregos brings for Mr.Puhlik
8
and the money the Department of Public Welfare sends for his
maintenance?
A Well,I just use it for groceries and I have also got him clothes
A Yes,sir.
A No,none whatever.
in Cou rt today?
A No,none whatever.
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Do you,Mrs.Ullom,have any adverse interests against Mr.Puhl~
and things since he's been there.
o r Mr.Puhlik's es tate ?
A I don't believe.He wouldn't know anything.I mean he couldn't
ordinary business and financial affairs and account to the Court
and all monies expended on Mr.Puhlik's behalf?
periodically?
provide Mr.Puhlik against him or his estate?
Q Would Mr.Puhlik's interests or welfare be served by his presenc
Q Do you re~lize that you must keep an account of all monies receiv d
A To the best of my ability I shall,yes.
Q Do you have any claims other than for the maintenance and car e yo .
Q If the Court appoints you as guardian,will you manage Mr.Puhlik'
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answer you;you couldn't understand him if he did.
Q Do you know if Mr.Puhlik was ever a Veteran?
A Not that I know of.I don't think he even went to school,to tell you
the truth.Because I've only known him since I took over the nursi
------------------------------.---
9
home.
Q Do you know if he was ever gainfully employed?
A No,I don't believe so.
Q Thank you,Mrs.Ullom.That's ",,~.:Lll we have,Your Honor.
THE COURT:
MR.ECKER:
Do you have anyQbther witnesses?
No,Your Honor,we do not.If I may say,Your
Honor,there has been a Peti1l:nfiled on behalf of Mr.Puhlik with
the Western State Hospital for his admittance there.However,there
is a long waiting list and the likelihood of his being admitted in the
near future is not great.It was for this reason we were instructed
to proceed with this.
(At the direction of the Court,off-the-record discussion was not
recorded by the stenographer).
EXAMINATION BY THE COURT:
Q Mrs.Ullom,what are the charges thatyou make for maintaining
this individual ?
A I just took what they gave me,sir.And it was,there for awhile,i
was $104.00 and now since they got a raise,it's $118.00 a month.
Q Don't you have regular charges for persons in this shape,?
A Room and board up there was $150.00 a month.
Q Well,you're not getting $150.00.
A No.There's several of them there that doesn't pay it.They were
there when I went.
10
Q Are you willing then to c6ntinue to maintain this individual in the
same way that you have been in the past merely for the sum that
you receive from Social Security and the Department of Public
Welfare of the Commonwealth?
A Yes,sir.
Q You will continue to do that?
A Yes,sir.
Q Do you anticipate that this individual might give you problems in
keeping him later on where your rates would ha ve to be increased?
A I don't think so.I mean he seems to be very---I don't have any
trouble with him.I mean you have to tell him like---and he'll
do anything that he sees anybody do.But he's a very gentle person.
He doesn't get mean or anything.
Q He is ambulatory,is he?
A Yes,sir.
Q What does he do during the day?Does he go out?
A In the summertime he would go out.There's a little girl nextdoor
and he would,if she would jump rope he would jump rope.If they
would throw a ball,he would throw a ball.He does everything he
would see somebody else do.If they tumblesault he would tumblesau.lt.
Other times he just sits there and watches T.V.
Q But he is permitted to leave the home during the daytime if he wishes?
A With someone.We don't let him cross the street or anything.One
of the other girls or we have taken him out to the farm with me in the car
and brought him back in.But we don't allow him to go by himself bE -
cause I don't think he'd know the way back.
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Q You state that you buy him clothing and other small necessaries.
How do you break this sum up as to the amouht that is going to be
allowed for clothing and the amount that is going to be allowed you
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for regular maintenance at the home?
Well,I just never did that,sir.When he needed clothes I just
went out and bought it because he didn't have very much when I carne
there.
Do you propose to continue to do that?
Well,I'll take it out of his money and just put down what I have
bought for him,you know.
Then that leaves less money for you,doesn't it?
Yes,it does.But I have others.I'll make out.
But if Mr.Puhlik should be admitted to an institu lion somewhere,
you wouldn't desire to continue being his guardian?
No .
Would you be willing then to report to the Court as to your adminis
tration of the estate both as to monies received and to monies
expended during your administration?
Yes,I would.
Does Mr.Puhlik have any relatives that you know of'that might
be interested in him?
A He has a stepbrother,the way I understand it.They brought me thE
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money.
That is the one thatyou refer to as being from Avella?
Yes,sir.
Do you know of any others?
No,I don't.He's the only person,sir,that ever did come to see
him.
Does Dr.McCarrell or a ny other doctor attend him presently on
any specified dates?
No.He hasn't been sick a day since I took over on July 7th ..
Ha ve you had occasion to talk with Dr.Mcc:arrell about this indivictu·al?,..
No.I know Dr.McCarrell.I went to school with him.
But as far as you know,is there any type of treatment or medicatic~
that is recommended by Dr.McCarrell for this individual?
No,there's none.On his record when they admitted him,Dr.
McCarrell's name was there and there was no medicatio n whatsoevi:>r
given.
You feel that this individual is not one who has any violent tendencil s
and that he can be trusted to be out with the public?
I would say.But not on his own.I mean he'd have to be with some-
body because he does whatever anybody does.
He is eas ily led?
That's right.
But he hasn't exh)bited any violent tendencies of any kind?
No,sir;none whatsoever.
13
Q I believe that I s all we have at this time.
MR.ECKER:
irn:(\)rm ation.
If the Court please,we have one item of correctic nal
I think Mrs.Ullom testified that the address of
Mr.Jos~h Gregos was that of Avella.Actually,he's a resident
of Aliquippa.And we ha ve a copy of a certified letter which we sent
to Mr.Gregos as next of kin along with the Citation in this case.
CQHE COURT:
MR.ECKER:
THE COURT:
What is the relationship.do you know?
As far as we understand.he's a stepbrother.
Do I perceive that he is present herein Court today?
MR.ECKER:....;He is not present,Your Honor.He was informed
of this proceeding and,chose not to be present.
THE COURT:VerywelL Mr.Ecker.I don't believe we have
in the record whether or not this individual owns any property of
any kind.either real or personal.Would Mrs.Ullom tell us that?
As far as she knows.
MRS.ULLOM:I don't know of anything.sir.that he has;only
what he has there at the house and it's jyst his clothes.
~THE COURT:
MR.ECKER:
THE COURT:
Very welL
That's all we have,Your Honor.
The Court will take the matter 'under advisement.
(Proceedings Closed).