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HomeMy WebLinkAboutOC1970-0196 - ESTATE OF BERTOVICH SR--------------------.--------, .,.., / IN THE ORPHANS I COURT OF WASHINGTON COUNTY,PENNSYLVANIA IN RE:Estate of ) ) JOHN BERTOVICH,SR.,)NO.63-70-196 ) an alleged Incompetent.) AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) :58. COUNTY OF Westmoreland ) BEFORE ME,the undersigned,a Notary Public in and for ____W_e_s_t_m_o_r_e_l_a_n_d County,Pennsylvania,persona11) appeared__S_a_u_1_G_r_e1_'z_m_a_n_,_M_,_D_,,Acting Superintendent at Torrance State Mental Hospital,who,under oath duly adminis- March 6,1tered,did swear that on ,1970,at----------3:15 p,M., he did serve on John Bertovich,Sr.,at Torrance State Mental Hospital,in person,a copy of the Citation and a copy of the Petition for Appointment of Guardian,filed at the above number and term,by personally handing to him the said copies and making known to him the contents thereof.John Bertovich,Sr.is per- sonally known to your affiant. J~~~2:4:~~-t- Sworn to and subscribed hefore me Acting S'..lperintendent this 6th day of March,1970. ~',/r ~/{/~/~LL-tL~-/jtL.(./~ ~\ll\i\N McClAm,Notary Public •..I&...~on Expires octQbtJ,:8,~9..11MyCommissionExp~res-: M.D IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'~COURT DIVISION IN RE: ESTATE OF JOHN BERTOVICH,SR., an alleged incom ~tent. ) ) )No.196 of 1970 ) ) ) ) FINAL DECREE ANn,NOW,,1970,upon consideration of the annexed petition and earing held following due notice,it is ORDERED AND DECREED that JOHN BERTOVICH,SR.is adjudged an incompetent. John Bertovich,Jr.is appointed Guardian of the Estate of JOHN BER TOVICH,SR.,an incom petent. The said Guardian is directed to file an Inventory in accordance with the provisions of Section 402 of the Incompetents'Estates Act of 1955, as amended. Th.e said Guardian shall file bond with sufficient surety in the sum IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS·COURT DIVISION In Re:Estate of John Bertovich,Sr.,) )NO.(P 3 -'70 - /tltJ an alleged incompetent.) PETITION ~APPOINTMENT OF GUARDIAN TO THE HONORABLE P.V.MARINO,PRESIDENT JUDGE OF SAID COURT: The Petition of Frank Bertovich respectfully represents: 1.That the Petitioner is the son of John Bertovich, Sr.,of James Street Extension,Bentleyville,Pennsylvania. 2.That the said John Bertovich,Sr.,because of mental illness,is unable to manage his property. 3.That the estate of the said John Bertovich,Sr.,is generally as follows:Cash in bank accounts in his own name at People's Union National Bank of Bentleyville and possibly several more accounts totaling $40,000.00,more or less;real estate with his wife,Julia,(as Tenants by the entireties)situate in the Borough of Bentleyville. 4.That the people who would be entitled to share in the estate of John Bertovich,Sr.,are as follows:Julia Bertovich,wife,of James Street Extension,Bent1eyvi11e,Pennsy1- vania;Frank Bertovich,son,of 100 Pittsburgh Road,Bentleyville Pennsylvania;Rose Bertovich,daughter,of James Street Extension Bentleyville,Pennsy.1vania;Anne Bertovich,daughter,of James Street Extension,Bentleyville,Pennsylvania;Mary Slogick, daughter,of 124 James Street,Bentleyville,Pennsylvania; Michael Bertovich,son,of 236 James Street,Bentleyville, Pennsylvania;Katherine Kubinacanek,daughter,of 340 Main Stree , Bentleyville,Pennsylvania;John Bertovich,Jr.,son,of 1304 Main Street,Bentleyville,Pennsylvania. 5.That the following named persons have an interest in the welfare and/or estate of John Bertovich,Sr.:Julia Bertovich,wife,of James Street Extension,Bentleyville, Pennsylvania;Frank Bertovich,son,of 100 Pittsburgh Road, Bentleyville,Pennsylvania;Rose Bertovich,daughter,of James Street Extension,Bentleyville,Pennsylvania;Anne Bertovich, daughter,of James Street Extension,Bentleyville,Pennsylvania; Mary Slogick,daughter,of 124 James Street,Bentleyville, Pennsylvania;Michael Bertovich,son,of 236 James Street, Bentleyville,Pennsylvania;Katherine Kubinacanek,daughter,of 340 Main Street,Bentleyville,Pennsylvania;John Bertovich,Jr. son,of 1304 Main Street,Bentleyville,Pennsylvania. 6.That John Bertovich,Sr.has no guardian in his estate.He was admitted to Torrence State Hospital on November P.7 ,1968. WHEREFORE,your Petitioner prays that your Honorable Court adjudicate John Bertovich,Sr.to be an incompetent and to appoint a guardian of the estate of John Bertovich,Sr. -2- -------.,---------------------------------r--------, IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION In Re:Estate of John Bertovich,Sr.,) )NO. an alleged incompetent.) J 0 I N D E R------- We,the undersigned,being heirs at law of the alleged incompetent,JOHN BERTOVICH,SR.,hereby join in the herein Petition and request the Court to appoint John Bertovich,Jr., as Guardian for said John Bertovich,Sr. -5- 1 ' ,•• IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION In Re:Estate of John Bertovich,Sr.,) )NO. an alleged incompetent.) A F F I D A V I T COMMONWEALTH OF PENNSYLVANIA ) )SSe COUNTY OF WASHINGTON ) Before me,the undersigned authority,a notary public in and for said County and Commonwealth,personally appeared Frank Bertovich according to law,deposes and says that the facts set forth in the foregoing PETITION FOR APPOINTMENT OF GUARDIAN are true and correct to the best of his personal information,knowledge and belief. Sworn to and subscribed before me this 25th day of Feb"ruarj,'-'1970. My Commission Expires:M_a_r_c_h__l_2~,~1_9_7_3 • ! -3- ------- IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION In Re:Estate of John Bertovich,Sr.) )NO. an alleged incompetent.) PRELIMINARY DECREE '-z;-/J 'LG""'/17Q AND NOW,177~1~upon consideration of the annexed Petition,it is ord~ed and Decreed that a Citation be awarded,directed to John Bertovich,Sr.,to show cause why he should not be adjudged an incompetent and a guardian of his estate appointed;hearing to be held at Orphans'Court,Washington Count, Court House,on '~'~~J <7 I '19ab at ((:~0'clock,-!t-.M. e-.tQ At least -::lfP days'notice of the hearing shall be given to John Bertovich,Sr.,the alleged incompetent,and notice shall also be given to Julia Bertovich,wife Frank Bertovich a son Rose Bertovich,daughter Anne Bertovich.daughter Mary Slogick,daughter Michael Bertovich,son Katherine Kubinacanek,daughter John Bertovicha Jr.a son Personal service shall be made on the alleged incompete of the Citation and a true copy of the attached Petition. , -6- ; ..-...,..-. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION In Re:Estate of John Bertovich,Sr") )NO. an alleged incompetent.) ACCEPTANCE BY PROPOSED GUARDIAN- I,JOHN BERTOVICH,JR.,certify that my domicile is 1304 Main Street,Bentleyville,Pennsylvania,and that I am over twenty-one years of age,sui juris,a natural born citizen of the United States and able to speak,read and write the English language. I have no interest adverse to the alleged incompetent and do not reside in the same household with him. I hereby agree to accept the appointment as Guardian of the estate of John Bertovich,Sr.,an alleged incompetent. JOHN BERTOVICH,JR. -4- 3Ju m~r Q!oun of Q!OntttUlU tIlta.a of Iltt~~tngtott Qlnuuty.'ruu.ayluauta ®rpqaun'QJ:uurt 1iIittinlntt IN RE:(( . ),rt·l t·)ESTATE OF ~~t a tnu ~wo.63-70-196 JOHN BERTOVICH J SR.(( an alleged Incompetent~) Q]:untutuuumllt4 uf 'rUll.!lylunnin I .!I.!I: QJ:uuut!}uf munl1iugtnu ) To:JOHN BERTOVICH.SR., Sur Petition of:FRANK BERTOVICH lair QIuututUUIl inu,J-'--'O"-"-'HN=-'----'-B'--E_R_TO_V_I_C_H-c-'_S_R-,-,.,<------_ that,laying aside all business and excuses whatsoev:er,you do file in 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__......M"....o......n=da"..,Yf-_,~he 30th day of__-=-M=a=r-=c-=.=h'--_ 19 70 ,at 11:00 o'cIock~.M.,and show cause why the said John Bertovich,Sr.,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 25th day of February ,19 70 ~~~ Clerk of the Orphans'Court GREENLEE,RICHMAN,DERRICO &POSA,Esq. Attorne}!for Petitioner. (Seal) '. ..11't no -.~ KNOW ALL MEN BY THESE PRESENT S That we, INSURANCE COMPANY JOHN BERTOVICH,JR.,and TRANSAMERICA of Pennsylvania,are held and firmly bound unto the Commonwealth of Pennsylvania in the sum of Fifty Thousand ($50,000.00) dollars,to be paid to the said Commonwealth,to which payment well and truly to be made and done,we do and each of us hereby doth bind ourselves,our heirs,executors and administrators,and the heirs,executors and administrators of each of us,for and in the whole,firmly by these presents.Sealed with our seals and dated the 3rd day of _=J...;.;u..;.l...y-,_~_in the year of our Lord one thousand nine hundred and SEVENTY. THE CONDITION OF THIS OBLIGATION IS SUCH That if the within bounded JOHN BERTOVICH,JR.,guardian of all and singular the goods,chattels and credits of JOHN BERTOVICH,SR.,do make or cause to be made a true and perfect inventory of all and singular the goods,chattels and credits of the said incompetent which have or shall come to the hands,posses sion,or knowledge of him the said JOHN BERTOVICH,JR.,or into the hands and possession of any person or persons for him and the same so made,to exhibit or cause to be exhibited into the Registe~'s Office in the County of Washington,and the same goods,chattels and credits,and all other,the goods,chattels and credits of the incompetent which at any time after shall come to the hands or possession of the said JOHN BERTOVICH,JR.,or into the hands or possession of any other person or persons for him do well and truly administer according to law;and further do make or cause to ~- to be made a true and just account of his said guardianship,and all the rest and residue of the said goods,chattels and credits. If the said JOHN BERTOVICH,JR.,Guardian of the Estate of JOHN BERTOVICH,SR.,an incompetent,within bounded shall carry out all of his obligations according to the laws of this Common- wealth,then this obligation to be void and of no effect,or else to remain in full force and virtue. Sealed and Delivered in presence of IJzdM 11/LJtkm ~~..~ ._---------------------------------., ~.'... CERTIFIED COPY ..TRANSAlVBR.CA INSVRANtCB COlKPANF POWER Of ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That TRANSAMERICA INSURANCE COMPANY,a corporation of the State of California does hereby make, constitute and appoint ARTHUR E.MORRIS or E.MORRIS OF WASHINGTON, WASHINGTON COUNTY,PENNSYLVANIA its true and lawful Attorney(s)-in-Fact,with full power and authority,for and on behalf of the Company as surety, to executeand deliver and affix the seal of the Company thereto,if a seal is required,bonds,undertakings,recog- nizances or other written obligations in the nature thereof,as follows: Any and ail bonds and undertakings in an UNLIMITED AMOUNT,in any single instance,for or on behalf of this Company,in its business and in accordance with its charter, and to bind TRANSAMERICh INSURANCE COMPANY thereby,and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents,are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full·force and effect: ARTICLE VII SECTION 30.All policies.bonds,undertakings,certificates of insurance.cover notes,recognizanc~s,contracts of in- demnity.endorsements,stipulations,waivers,consents of sureties.re-insurance acceptances or agreements,surety and co-suretyobligations and agreements.underwriting undertakings.and all other instruments pertaining to the insurance business of the Corporation,shall be validly executed when signed on behalf of the Corporation by the President,any Vice President or by any other officer.employee.agent or Attomey-in-Fact authorized to I!IO sign by (i)the Board of Directors,(ii)the Presi- dent,(iii)any Vice President,or (iv)any other person empowered by the Board of Directors,the President or any Vice President to give such authorization;provided that all policies of insurance shall also bear the signature of a Secretary, which may be a facsimile.and unless manually signed by the President or a Vice President,a facsimile signature of the President.A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument.but any person author- ized to execute or attest such instrument may affix the Corporation's seal thereto. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of October 1963. "Resolved.That the signature of any officer authorized by the By-laws and the Company seal may be affixed by facsim'i- Ie to any power of attomey or special power of attorney or certification of either given for the execution of any bond undertaking,recognizance or other written obligation in the nature thereof;such signature and seal,when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed". IN WITNESS WHEREOF,TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 18th day of April 19 66 ........... ::;'0';'"\.......~;>.. :'!Jt ~~:S n ::\~.-.: ···:."..l"0R.\..·'..:··............. State of California County of Los Angeles ss By T.M. URANCE COMPANY On this 18th day of April ,1966 ,before me personally came T.M.Gregory to me known who,being by me duly sworn,did depose and say:that he resides in the City of Pa.adena,State of Californi~ that he is a Vice-President of Transamerica Insurance Company,the Corporation described in and which exe- cuted the above instrument;that be knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it wart so affixed pursuant to authority given by the Board of Directors of said corp- oration and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. 238 (Over) r~4J..LNOlary Public My Commission Expires September 15,1967. I,F.W.Devine,Assistant Secretary of Transamerica Insurance Company I do hereby certify that the Power of Attorney herein before set forth is still in force I and further certity that Section 30 of Article VII of the By- Laws of the Company and the Resolution of the Board of Directors,set forth in said Power of Attorney are still in force.In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 3rd day of July I 1970 ,"·0·:::;~i~';'~;;"" [f ~.\\ \\,.l}...•~..~. '..~/:~~~~~~.:.F.W.DEVINE,Assistant Secretary '- "...;.. (- ,', ". IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA IN RE:Estate of ) ) JOHN BERTOVICH,SR.,) ) an alleged Incompetent.) NO.63-70-196 COMMONWEALTH OF PENNSYLVANIA COUNTY OF WestrrlOreland ) :SS. ) _S_a_u_l__G_r_e_iz_m__a_n_,__M_._D__.,being duly sworn according to law,deposes and says that he is a physician duly licensed to practice in the Commonwealth of Pennsylvania;that he is the patient's Hospital. Superintendent That he has examined John Bertovich,Sr.onMarch 6, ____________,1970,and finds him to be suffering from __a_n __ emotional illne ss and that his condition is such that it would not promote his welfare to be present in Court at the hearing set for March 30, 1970,at 11:00 A.M.H~diagnosis of his condition is Psychosis with cerebral arteriosclerosis with some paranoid trends That the not favorable,as patient continues to have the sameprognosisis • paranoid thoughts. That it is his opinion that because of his condition he is liable to dissipate his property or assets or become the victim of designing persons,and he recommends that a guardian be appointed for his estate. M.D. Saul()ireizman,M.D. Sworn to and subscribed before me Acting Superintendent this 6t~day of March,1970. ih{~~ / .f,KNOW ALL MEN BY THESE PRESENTS That we,John Bertovich,Jr.,all of Washington County,in the Commonwealth of Pennsylvania,are held and firmly bound unto the Commonwealth of Pennsylvania in the sum of Fifty Thousand ($50,000.00)dollars,to be paid to the said Commonwealth,to which payment well and truly to be made and done, we do and each of us hereby doth bind ourselves,our heirs,executors and adml~istrators,and the heirs,executors and administrators of each of us,for and in the whole,firmly by these presents.Sealed with our seals and dated !-he ~day of July in the year of our Lord one thousand nine hundred and seventy one. THE CONDITION OF THIS OBLIGATION IS SUCH That if the within bounded JOHN BERTOVICH,JR.,guardian of all and singular the goods,chattels and credits of JOHN BERTOVICH,SR.,do make or ,cause to be made a true and perfect inventory of all and singular the goods, chattels and credits of the said-incompetent which have or shall come to the hands,possession,or knowledge of him the said JOHN BERTOVICH,JR.,or into the hands and possession of any person or persons for him and the same so made, to exhibit or cause to be exhibited into the Register's Office in the County of Washington,and the same goods,chattels and credits,and all other,the goods, chattels and credits of the incompetent which at any time after shall come to the hands or possession of the said JOHN BERTOVICH,JR.,or into the hands or possession of any other person or persons for him do well and truly administer according to law;and further do make or cause to to be made a true and just account of his said guardianship,and all the rest and residue of the said goods, chattels and credits. If the said JOHN BERTOVICH,JR.,.Guardian of the Estate of JOHN BERTO- VICH,SR.,an incompetent,within bounded shall carry out all of his obligations according to the laws of this Commonwealth,then this obligation to be void and of no effect,or else to remain in full force and virtue. j Sealed and Delivered in presence of ational Gran e Mutual Ins.Co{SEAL) ByQ!J~~,e~ ~AttorneY-~~-Fact l, National Grange 1tfutual KEENE NEW HAMPSHIRE O:J.j:.JI INSURANCE COMPANY >-Q..o U o w u. t-o::w U POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the National Grange Mutual Insurance Company,a New Hampshire corporation,having its p ri n c i pal office in the City of Keene,State of New Hampshire,pursuant to Article II, Section 3 of the By -Laws of said Company,to wit: "The directors shall e 1e c t an Executive Committee of and from their number of not less than five (5) members and invest them with all the powers of the directors when not in session.", and pursuant to a vote of the Executive Committee on June 1,1961,to wit: "Voted:The Secretary or a Vice President !nay Rppoint by written certificates Attorneys-in-fact to act in behalf of the Company in the making and executing of bo'nds,undertakings,recognizances,contracts of indemnity,or other wri tings obli gatory in the nature of a bond.Such Attorneys-in-fact,subject to the limitations set forth in thei r respective certificates of aut h 0 rity shall have the full power to bind the Company by their signatures and execution of any such instruments and to attach the seal of the Company thereto.The Secretary or Vice President may rev0 ke such power or authority previously given to any Attorney-in-fact.", does hereby make,constitute and appoint J.William Rittenhouse---------- its true and lawful Attorney-in-fact,to make,execute,seal and deli ve r for and on its behalf,and as its act and deed, bonds,undertakings,recognizances,contracts of indemnity,or other writings obligatory in the nature of a bond subject to the following limitation: 1.No one bond to exceed One Hundred Thousand Dollars ($100,000.00) 2.Bonds guaranteeing the performance and/or payment of labor and material bills on any type of construction project,including Supply Contract Bonds, are hereby expressly excluded. and to bind the National Grange Mutual Insurance Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the National Grange Mutual Insurance Company,and all the acts ·of said Attorney are hereby ratified and confirmed. iN WiTNESS WllEREOF,the National Grange Mutual Insurance Company has caused these presents to be signed by its Secretary or a Vice President and its corporate seal to be hereto affixed this __-},Jt1Pl1,._.day of December _,196.1.-.""'\';:1;i,<JJ/J..,*-'...\1...,\)~L '/.....1•....,,;t'~v·~~••·qr.,.l('t"~ NATIONAL GRANGE MUTUAL INSl4~'AN:C'~;.t6MP.A6f~,\. By:.RL_~~~_f;~:"t\),-,-,_.,-~'i~:\·Yf~~ Secretary :~:;;,;'.'.....,:'.'g State of New Ha~pshire ss.'~f;'}<:;...,./:~;.~·':/f County of Cheshue ~7 'It;.....",.....0:-"••'.,,",.. On this 14th day of December 19 61 ,before the subscriber a Notary PUbfi&,p'~·q~~.~(~~~~,\·~~ New Hampshire in and for the County of Cheshire duly commissioned and qualified.carne R.C.Carrick"'!. of the National Grange Mutual Insurance Company.to me personally known to be the officer described herein,and who exe- cuted the preceding instrument.and he acknowledged the execution of the same,and being by me duly sworn,deposed and said that he is an officer of said Company aforesaid;that the seal affixed to the preceding instrument is the corporate seal of said Company,2nd the said corporate seal and his signature as officer were'duly affixed and subscribed to the said instrument .by the authority and direc~ion of the said Company;that Article II.Section 3 of the [3y -Laws of said Company is now in force and that the foregoing vote of the Executive Committee of the Board·of Directors of said Company is a true and exact copy from the records of a meeting of said Committee on June 1,1961 which is still valid and subsisting. iN WiTNESS IYllEREOFbI have hereunto s~t my hand and affixed my official seal at Keene,New Hampshire this .__~~_t:h_._day of ecember 19 _b_l__. My Commission Expires I,__.__.~!..f-•.Q:Y-tlla,~..Secretary of the National Grange Mutual Insurance Company,do herehy certify that the above and foregoing is a true and correct copy ()f a Power of Attorney executed by said Company which is still in full force and effect. iN WiTNESS WHEREOF I have hereunto set my hand and affixed the seal of said Company at Keene,New Hampshire this __._.~J:!4_._day of __J_l!lY__._,192L_. FS 1f23'S-tS/61) __II/)d~L~~~_~~nt:"Secretary 4)~ 1:...c b'-......... jj .Vd ..0J NUL.:~.;IHSv11\~\fOJS1111,\-1 ()'.''1/SI03~j -.........)""- I OIl,·,.,,~-,,;Sfii:JIII(J--;>0,~....--(' (?)t ,()00 I I~d Ui ~nv It.()~'-.;,.~.. £~'::..~U :,I .-I ........ f:' •.J •J ~-:-0 0.:::t~~.. ..¥\L ( J GREENLEE,RICHMAN,DERRICO &POSA ATTORNEYS AT LAW WASHINGTON TRUST BUILDING WASHINGTON,PENNA.15301 GAYLORD w.GREENLEE STEPHEN I.RICHMAN PATRICK C.DERRICO PAUL P.POSA GORDON F.HARRINGTON ARTHUR M.WILSON Mr.John Bertovich,Jr. 1304 Main Street Bentleyville,Pennsylvania Dear John: December 6,1971 15314 TELEPHONES: WASHINGTON 225-7660 PITTSBURGH 344-9400 Enclosed is a photocopy of the letter of Judge Marino of the Orphans Court in reference to the bond in your father's estate. In reading the letter,you can see that 'the bond which was filed with the National Grange i'lutual Insurance Company \-vas and is defec- tive in its form and is also defective insofar as that bonding company has not obtained court approval to act as a surety in lvash- ington County.The net result of this is that the bond with the National Grange is of no effect.The original bond prepared by the TraDsamerica Insurance Company is still in effect insofar as that bond was never dissolved by the court.In this regard,it is the law that a surety cannot be relieved of the obligation of his bond until such time as the guardian has prepared and filed an inventory with the court and the court has approved said inven- tory. In my letter to you of July 9,1970,I informed you that it was necessary to,file an inventory in your father's estate with- in three months from the date of your appointment as guardian.I also informed you that the bond with Transamerica would have to be renewed after one year.In my letter of June 7,1971,I informed you that it would be necessary to have the bond renewed and for you to contact the Morris Insurance Agency to do so.On July 19, 1971,in a letter to your brother,Frank,I informed him that it would be necessary for you to contact the Morris Insurance Agency to renew the bond.In another letter to Frank dated July 29,1971, I forwarded to him a copy of the Transamerica Dond which he requested and informed him that it would be necessary to have the bond renewed. To date,I have had no response or communication from you or Frank concerning the status of that bond or the filing of the inventory. 01 I;-'Ii Hr.John Bertovich,Jr.December 6,1971 Page 2 As you can see,Judge Marino wants me to meet with you and resolve these matters.Therefore,please contact me to arrange an appoint- ment so that we might discuss this situation. ,:v:·n/c j m Enclosure cc:Honorable P.Vincent Marino ','.oj ,, '-.-~---'-"-',"'.'·-.~1>~;::(,i;\t:~-.',i"_X:',,- ";~.,'~I ~.,':! ..'- '.'",> ........,J ' :.." '- .'," -;'. II ~.~. '"'-,-C""-",, ".,- "",,''.'..' .;.". -;:.,""." " I:,',;, I """'0, "'""(I" I 1 HEARING ON PETITION FOR APPOINT~ffiNT OF GUARDIAN THE HONORABLE P.VINCENT MARINO,Judge of the said Court. ...If--1-....: c:::>~."''""' C--~--~'=\'--- +,~,~.... 1 .! :;.:1 +,--'" 1•.-.' .~No.196 of ) ) ) ) ) ) ) ) JOHN BERTOVICH,SR., IN RE: ESTATE OF 0(z an alleged incompetent. 0(~>-1/1 ZZ1&1II. i.oI-o~BEFORE: 1/10(~ t-=~APPEARANCES: Iiia ...I~ 5 TIME:::J., :t..,.. ('II ARTHUR WILS9N,E9Q~,of Washington,Penna., representing the Petitioner. Monday,March 30,1970,atll:OO o'clock A.M.,ESt • on the alleged incompetenty of Mr.John Bertovich,Sr., your proceeding? of John Bertovich,Sr. MR.WILSON: Wilson,are you ready forMr. The next matter is the incompetency hearing Yes.This is the time set for the hearin§ ui0:~THE COURT: 0:oII.1&10: I-0: ::JoU ...I0( Uii:...o a resident of Bentleyville.And I would like to hand up to the Court the return receipts Qfthe United States Mail for the notice sent to all of the next of kin men- tioned in the Petition.I would also like to hand up the.!ffidavit of Service showing personal service was made Q1 Mr.Bertovich on Maro{l:6th,1970.I also have thE 2 Affidavit of Dr.Saul Greizman,Acting Superintendent of Torrance State Hospital,stating that Mr.Bertovich in his present condition should not be at this hearing tocay and also stating his present condition and his prognosis. THE COURT:The Affidavit of Service and the notices sent are received in evidence and made part of this recorc; they having complied with statutory requirements and the rules of this Court and the Interlocutory Order of this Ccurt dated February 25,1970.Are you ready to call your wit- ~z«>oJ>V!Z Z\&III, i0l-e>z x.V!«MR.~ ne sse s,sir? WILSON:Yes.I'd like to call Mr.John Bertovich, ..:'.!:! 0:l-V!e c oJ~l) 0 :J.., :z:..r-t'4 ai0:\&II-0:0II, \&I 0: I-0::J0l) oJ« l) i&:...0 e Jr. JOHN BERTOVICH IS CALLED AND SWORN. EXAMINATION BY MR.WILSON: Q Please state your full name. A John Bertovich,Jr. Q And your address? A 1304 Main Street,Bentleyville. Q What is your,relationship to the alleged incompetent, John Bertovich,Sr.? A Son. Q Over the past years,the past two years,have you had frequent contact with your father? A Yes. Q How often did you see him? A Probably everyday. Q Is that up until the time he went into the hospital? A Yes. Q Do you remember what day your father was admitted to the Torrance Hospital? 3 A 0( ~Q~>IIIZ ZIIIII. :ioI-oz :rIII ;A ..:oii:I-!!! Q....0( o Ci~...~Q,.. C\I iii A lI:IIIl-ll:oII.IIIlI: l-ll: ~oo.... 0( o ii:lL.o Q A Q A November 22nd,1968. Now in the period of time just prior to your father's ad- mission to the hospital,could you tell the Court of any specific instances you noticed in which your father's behavior was different than what it had been prior to tha ? Yes.On occasions,he lived at the farm and he had his me Is served there.And my mother and also my sister would cook meals for him,serve him.And on occasions he would say t at they were trying to poison him,poison the food. Do you know why he thought the food was poisoned? Yes.This one particular day he was sick,I imagine it was just a cold or something.And this one particular day he had his food served and he threw up and he thought the food---I imagine he thought the food was poison so he tur~ed violent that day~ Who did he accuse of poisoning him? My mother.And to get revenge he took the rifle he hadin his room and turned the rifle on my mother.And fortunate y, it didn't go off. Did he attempt to shoot? Yes,he did attempt to shoot.And he didn't succeed.So he took the rifle and beat her with the butt of the rifle. Q And what day was that? A It was on a Tuesday,21st,I guess.The day before he was committed. Q A Q :5z 0(>..J ~VI Az Z1&1II. i 0~~Z :J:VI0( ~ .,:uit~VI0 ..J :5 Qu 0:J.., :r:A..,.. N iii Q I:l:1&1~I:l:0II.1&1a:A~a: :J0U ..J0( uii:II.0 Q The day before he went to the hospital? Yes,it was on a Tuesday. Were there any incidents prior to that in which your fathEr's behavior was strange? Yes.On occasions he'd lock ~imself in the room and stay there for certain---well,he'd stay there maybe a day or woo And then wheneve~a hunting party would come to the farm to hunt game and during hunting season,why,he'd see the hunter pass the house and he'd accuse the children of hir ng somebody to try to assassinate him. In other words,he thought the hunters were hired assassir s. Yes. And along this same period of time,did your father do an - thL ng detrimental to himself? Well,on occasions.One particular time he left for a who e week,we couldn't locate him.And he was at the neighbor' farm.And they put him up for a week,took care of him. And then he did come back. You said your father used the rifle he kept in his room 0 e day when he thought he was poisoned:Had he ever used th rifle prior to that? A Yes,at nights he would get up anytime in the night.In f ct, one time,several times,twice he shot through the ceili g of the room,his room,and awoke my two sisters and mothe • 5 Q In addition to these incidents with the rifle and the attcck time during this period of time? A on your mother,did your father ever try to harm himself? Well,after he tried to shoot my mother he tried to commi suicide by hanging in the hallway with his belt.We had to hire a man to cut him down. Did your father have any dealings with his money at any Could you tell us how he acted with his money? Well,he took care of the business up until about eight 01 nine years prior to this.And one occasion he thought we were spending too much money and we had about $5,000.00 written in checks and he stopped payment on a~l these checks. And the children had to take care of these outstanding ChECks. Was he able to take care of the business expenses after x~that time?« ~A L~~~Q ~ ~ ~~~o~A< o~Lo No. Did your father ever indicate that he had any strange beh,vior in connection with any other money in the business? Well,any chance he had,if we had any milk money that would come in,che~ks and whatnot,he would take the mone and hide itcdifferent places and we wouldn't know where it was. Q Now your father's condition that you have just set out he e, do you think that at this time ,in light of all these con- ditions,that your father would be able to take care of money or take care of his business or do you think that 6 perhaps he might waste his money or be taken in by someonE with fraudulent pretenses? o Al-t) Z-Q"< 3:A .=u c Ql-tt Ci...::II Q A:J., ~QII Q A No,he couldn't take care of it for himself. Would you tell the Court just approximately what your father's estate comprises of,real estate first? Real estate would be the farm,about 150 acres,plus threE lots. And the farm,that is in Bentleyvi~le Borough? Yes. And the three lots are also located in Bentleyville Boroul h? Yes • Do you have any idea about the extent of the personal property he owns? You mean monies? Yes.Do you know what he haC.in his bank accounts? He had money in three different banks that I know of.Doy u want me to list the banks? Yes. Mellon Bank of Charleroi;First Federal,Charleroi;and a so Pittsburgh National Bank in Washingt~ in And how about/Bentleyville? Peoples Union in Bentleyville;four of them. Q Do you have any idea approximately how much money he woul} have in these accounts? A Roughly I'd say about $40,000. Q I think that's all the questions I have of Mr.Bertovich. 7 EXAMINATION BY THE COURT: Q Mr.Bertovich,was your fatrer,John Bertovich,Sr.,ever a member of the Armed Forces of the United States of Amer"ca? Was he ever in the Army or Navy that you know of? A <Qz<>AoJ>-ll)zz QIIIQ, Z0 A~ClZ ::I:QUl<~At-=uiii:Q~ll) c oJ A<00 Q:>.., :t..,..Al'C oj QII:III~II:0 AG-III II: ~a:Q:> 0u oJ A<uii:QII.0 A Q A Q A Q No. .Never in the service? No,not that I know of. And his wife.,your mother,is still living? Yes. Where does she live? At the same residence. Where? At the farm. That is in Bentleyville? Yes. What is the type of farming that is conducted there? Dairy farming. Who is engaged in that now that your father is not presen~? Seven children. All the chiMren are engaged in the farming? Well,I'm the manager. But do the others all work there? Oh,part-time. Are those who are working there part-time paid in any wa}? Yes. Are they paid according to the time that is put in the wcrk? L...----:.:....~_ -------,rr-----------------------------------------., A That is correct. Q Do you get compensation for your dairy production,I your milk,in the way of check?Are you paid by check or how? Where doyou sell your milk? A Retail. Q Do the persons that my it call for it at the farm? or both your father and mother? It's in the se ven children;it's a partner ship. Well,your father was certainly in it,wasn't he? ~~A No;it's delivered with trucks.~>-~Q Well,my point is was this business in your father's name IIIII. ioI-~A :tUI ;Q Well,are you just counting him out now since he went to an agreement whereby he releaEed his interests in the bus ness the early 1960's,around 1960 or THE COURT: the father executedso, It is my.understanding that so~etime in Could I interject there for a moment? Yes. No. Yes. the hospital? MR.WILSON: iii MR.WILSON: ll:IIIl-ll:oII.IIIll: l-ll: :loU .J:!:u j;: \I.o t AiiiI-UIa Q .JoC Uo :l.., ~A,.. N and turned it over to the 7 children. Q Is that correct,Mr.Bertovich? A That's correct. Q So that presently your father wouldn't be financially interested in the business at all. A That's correct. Q But he is an owner,together with your mother,of the far~? -------..-----------------------------------------, q A That's correct. .. Q A Q A ~ z~~QzZIIIDo Zo~Az :r~Q~ .....A~D:...5 Q .I~Uo ::l~A...... "Q lfi D:~AD:oII.~Q I- D:g Au .I~Q ii:II. o A Q Do you who are in the milk business pay any rental to you mother and your father for the use of the farm? We were paying $100.00 a month. And now what are you doing? Right now since he's been in the hospital,we haven't bee paying. When was your father first sent to the hospital?Now did he go to a local hospital before he went to Torrance? Yes,he did. Which ho spital? Washington. When was he first committed to Washington Hospital,appro imate ly,if you remember? 21st of November,'68. About how long was he there? If I recall correctly,probably two or three days. And from there where did he go? He went to the State Hospital. And has been in the State Hospital ever since? That's correct • Are all of your brothers and sisters now of age,that is 21 or over? A That's correct. Q Are any of them attending school? A No. Q Are some of your sisters married? A Q A Yes. Kathryn is married,is she? That's correct. 10 Q And Mary. A Q :5~A~>-UlZ Z1&1 II,Q zoI-~A J:Ul;Q ..:!:!lI:Iiiii A ...I0( E Q ::l ;A l-I'l'l iii Q lI:1&1It AoII, 1&1 lI: l-ll:::lo U ..J~~Q I&.o A Q A Q That's correct. Who else? That's all of the sisters.And brother Mike and brother Flank are married. You are going to continue to manage the dairy business? That's correct. Has the bill for maintenance of Mr.Bertovich,Sr.,at Torrance,has that been paid since he first went there? No,it hasn't. Nothing paid on it? No,not that I know of. Do you get bills for that? Yes. (At the direction ~of the Co~rt,off-the-record discussio was not recorded by the stencgrapher). Mr.Bertovich,as to the bank accounts that your father has in the various banks,doyou know whether any of those bank accounts are in his name and his wife also? As far as I know,theywere in his name only. Are any of those accounts checking accounts? There might be one or two.I wouldn't know which one. Wouldn't checks be written for expenses at the farm regul rly, feed and soforth?r-------tt-----------------------------~---~ ----..--------------------------------------:------., 11 • A Q A Q A Q ~z<>oJ~AQ ZZ III Qa. icI-Ae,z :t'"Q..~ I-!:: 1I:I-AVI Q ..II<Qt)-o:>A.., :t..r-C\I Q lti1I:IIIl-ll:0Q. III AlI: l-ll::>Q0U .J<Auii:lI.0 Q A Q Yes. Would he write those? My dad? Yes.When he was able to,before he went to the hospital Not before,no.This was about ten years prior. That's when the agreement was executed giving the childre the dairy business. That's correct. And since that time he wouldn't be writing any checks, Oh,no. Who wrote the checks for expenses after that time,you as a manager? No,my two sisters. Was the account in their name? The account was in Hillcrest Dairy. Hillcrest Dairy.Well,were they officers or something in the business? Partners. Who decided that they were to write the checks? All seven of us,I guess. But would they write them at your request,your instance as to the amount and soforth? That's correct. I think that's all the questions the Court has. (At the direction of the Court,off-the-record discussion was not recorded by the stenographer). THE COURT:I have no further questions. ~--------"----------------------------------~~-~~~ ~---------.---------------------------------------- 12 MR.WILSON:I have no further questions.I have no further witnesses to call at this time. THE COURT:Very well.The Court will also receive in and that this copy is a correct tr(!\SCriPt of the same. \'~""-""-1'oj,-,~D'iatYtenographer The foregoing record of the proceedings upm the hearing of evidence the statement of Dr.Saul Greizman o~Torrance State Hospital,to the effect that the alleged incompetent was suffering from a mental illness and that the prognosi~ is poor..The alleged incompetierlt 1.13;suffering from cerebre:1 arteriosclerosis with some paranoid trends,and that the alleged incompetent continue s to h ave the same paranoid tlought;: which he entertained at the time of his admission. (Proceedings Closed). I hereby certify that the proceedings and evidence are contained· ffi fully and accurately in the notes taken by me on the hearing of the above....e:oDo~caus e, l-e::>ou oJ< u ii:l&.o the above cause is hereby approved and directed to be filed. ~court,\,/kL~~\J \(J. 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