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HERMAN J.BIGI tI'lI.
ATTORNEY AT LAW
321 FALLOWFIELD AVENUE
CHARLE~OI.P~O::f Jtoe~;1-j-J-
A
PETITION FOR APPOINTMENT
OF A GUARDIAN
PRELIMINARY DECREE
IN THE COURT OF COMMON PLEA~
OF WASHINGTON COUNTY,PA.
ORPHANS'COURT DIVISION
F=0.:J tJA:!aZa..
ESTATE OF RICHARD H.BALZA,
an alleged incompetent
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
ESTATE OF RICHARD H.BALZA,
an alleged incompetent
:No.
PETITION FOR APPOINTMENT OF A GUARDIAN FOR AN
ALLEGED INCOMPETENT
TO THE HONORABLE,THE JUDGES OF SAID COURT:
The Petition of Beverly Jones respectfully represents:
1.Your Petitioner is an adult individual residing at
619 Speers Avenue,Charleroi,Pennsylvania,and is the sister
of the alleged incompetent.
2.That the alleged incompetent is forty two years (42)
of age having been bo~n November 2,1927,and his domicile is
at 1008 Lower Meadow Avenue,Charleroi,Pennsylvania.
3.That presently,Richard H.Balza,is residing at the
Torrance State Hospital,Torrance,Pennsylvania.
4.That Richard H.Balza is an extremely limited in-
dividual who cannot comprehend his present position,and is
unable to manage his property and is liable to dissipate the
same and/or become the victim of designing persons.
5.That the approximate estate of the alleged incompeten~
consists of the following:
REAL ESTATE
An undivided 1/2 interest in and to Lot No.31 in the Pla~
of McGowan,Allen and Colvin Addition situate in the Borough of
Charleroi
/
PERSONAL PROPERTY
None
INCOME
None
6.That the following is the only person who would be
entitled to share in the estate of the alleged incompetent if
he died intestate at this time:
Name
Beverly Jones
Relationship
Sister
Address
619 Speers Av
Charleroi,Pa.
7.That the proposed guardian of the estate of the
alleged incompetent is Beverly Jones who resides at 619 Speers
Avenue,Charleroi,Washington County,Pennsylvania.
8.That at the time of filing this Petition,the
alleged incompetent's'physica1 and mental condition will not
permit him to,appear in Court at the time of the hearing
concerning'this Petition.
9.That the proposed guardian requests her appointment
for the purpose of selling the real estate which she and the
alleged incompetent own jointly,managing any property that the
,alleged incompetent may'have and execute any appropriate statemen s
which may have to be done in handling the alleged incompetent's
estate.
10.No other Court has ever assumed jurisdiction in any
proceeding to determine the competency ot said Richard H.Ba1za.
11.That the alleged incompetent has no guardian of his
estate or person.
-2-
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WHEREFORE,your Petiti~ner prays that a Citation be
issued directed to the allege:)incompetent with notice thereof
to the next of kin,to show cause why she should not be judged an
incompetent,and a guardian of his estate be appointed.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
SS
Before me,the undersigned authority,personally
appeared BEVERLY JONES,who,being duly sworn according to law,
eeposes and says that the facts set forth in the foregoing
Petition are true and correct to the best of his knowledge,
information and belief.
SWORN TO and SUBSCRIBED
before me thii~~day of
~.,EI2?M"ay'f ,1970.
~···.~~mLIZ7~UUA',Notary Pu ~c
My commission expires:
FRANK R.MASCARA.NutARY PUBLIC
CHARLEROI BORO,WASHINGTON COUNTY
MY COMMISSION EXPIRES MAY 19,1973
Member,Pennsyl'lania Associationof Notaries
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JJtt IDl1t Q!outt of Q!ollttttntt l~UrulI of lfulIl1iltgtnn Q!n.1tttty.Jrtt:tayluttttta
(@rp11tUUI'Qruurt llliniainn
IN RE:((
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ESTATE OF ~QI italiun ~NOo 348 of 1970
RICHARD H.BALZA t ((~Alleged Incompetent.))
QtonunouUtI'a1t4 of Jl'uuIlylnuuta I IlIl:.
QInuuty nf Ifunqittgfnu )
To:RICHARD H&BALZA
Sur Petition of:BEVERLY JONES ,
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1ft Q!nmUUtU~Wnu.RI_C_HA_R_D_H_o_BA_L_ZA_·_
that,laying aside all business and excuses whatsoever,you do file ill 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 Monday ,the 4·th day of__-=-}_ia......y _
.19~,at 10:00 o'clock~.l\1.,and show cause why---.the said RICHARD
H.BALZA should not be judged an incompetent,and a guardian of his
estate be appointed;
and further abide the order of our said Court in the premIses,
If you fail hereof,the petition may be Jaken PRO CONFESSO and
a decree made against you.
WITNESS the Honorable P.Vincent Marino,Judge of our said Court,
at Washington,Penna.,the 1st day of April ,19'_7_0_
~lj)22~
Clerk of the Orphans'Court
-'HER~~J.BIGI.Esq.
Attorney for Petitioner.320 Fallowfield "Ave.~
.Char1eroi,Penna.,15022.
(Seal)
"
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVPN IA
ORPHANS'COURT DIVISION
ESTATE OF RICHARD H.BALZA,
an alleged incompetent
Washington County,Pennsylvani ,
PRELIMINARY DECREE
AND NOW,this ~day of ,1970,
upon consideration of the annexed Petition,t is ordered and
decreed that a Citation be awarded,directed to Richard H.Balza,
to show cause why he should not be judged an incompetent,and a
guardian of the estate be appointed;hearing to be held in the
Orphans'Co~t Room,Court~on the Bay 0f --L.::...:=-+-~~:..__,1970,at
o'clock.4r-~
~o
At least.~days notice of said hearing shall be given
to Richard H.Balza,the alleged incompetent,by personal
service o}a~£P,0~_.s~~d~Petitionand Citation,and by personal
..~~----e
servic7t 0f not ce upon the next of kin who are sui juris.
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num All .tlrn,'by wl1rllr'rr,'1ful.a:.-ALEX OEBRfCZEr/f "~-.'
That I,...----.....-.----SHERU·f.---------.---.....,3Jltg4 ~4rrtff Df t4r dLonnttT of .us4tngton.~tutr of
prnnstlluuntu.at the entire risk and request of the Plaintiff,do hereby authorize and depute ._......__.
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to execute this writ as fully and effectually as I could or would if personally present.
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Given under my hand and seal this ~~~----dayAOLtX'"[SE"Btlbt&(-...,~A.D.~19 ?~..
....-5 _.SHERIF.E ._.___._.{SEALi
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Affidavit of Service
Now,h.p.r.l1.J9 19.7.Q ,at ).~.g,~..o'clock ..~.~..M.served
thep wit1hJn :QJ.t·~~DJ.sm.i p.~~J.t~~m f.~.~..AP.P..<?~.~~!!l.~~~?~..~~~~.~.?~~!.l:..~.~.~.~.re lmlnary ecree '.
upon ~.t.s::n..~:r.~t.H.,!}.~.l~g '..
by handing to h~ro...P.~r.1?~ngJ.ly.:_.
a true and a tt es ted copy of the original ...~.~.~.~~.~.~.~..~.??~~.~.~!'withacertifiedcopyofPetitionfor~ppointmen'f of a Guardlan Wltu rre-
1iminary Decree,
and made known to him the contents ther~of.
Received from Attorney $19.00 ,being Sheriff Peck $18.00 and ProthollOtary $1.00.
So answers.
Sworn and subscribed before me,.
this ..:.:.....~?.~.~...day of ...~~::.~~........,llO .
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Prothonotary -
Westmoreland County,Pa.
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(OVER)
SHERIFF.
AND NOW,APRIL 10,1970,I HEREB'{CERTIFY AND RETURN THAT I SERVED THE
WITHIN CITATION AND PETITION ON THE WITHIN NAMED RICHARD H.BALZA,AN
ALLEGED INCOMPETENT BY THE SHERIFF OF WESTMORELAND WHOM I DEPUTIZED TO
SERVE THE AFORESAID CITATION AND PETITION AND WHOSE RETURN IS HEREWITH
ATTACHED AND MADE A PAR~HEREOF.
'SO ANSWERS,
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N·:>.348 of 1970
IN RE:
ESTATE OF
3Jn m4t Cl!ourt of Cl!ommnn 'ltas of Ifas~ittgton C!tounty,'tttnsgluania
(@rp4aus'ornnrt minisinu
((
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RICHARD H.BALZA t ((~Alleged Incompetent.))
ornmmnuUttalt4 .nf Jtuusylunnia ~
QJ:ouuty of 1Ill.!l4iugtnn \!Ill:
To:RICHARD H.BALZA
Sur Petition of:_-'B.....E....,VL..O.EoUJR.....L....Y............J.....ON~E....S"'"-_
1ft Q!nutmau~Inn,R_IC_H_AR_D_H~._E_,A_LZ_A _
that,laying aside all business and excuses whatsoever,yeu do file In the cHice
of the Clerk of our Orphans'Court of Washiilgton County,a full and com-
plete answer,under oath,to each and every of the 2verments of the said
petition,on or before Monday ,the 4th day of__--:;Mc=..;a:...:..oyL-_
19~,at 10:00 I A ho'c ock__.M.,and s ow cause why the said RI;';HARD
H.BALZA should not be judged an incompetent,B..!."'ld a guardian of his
estate be appointed;:
and further abide the order of our said Court in the pretnlses,
If you fail hereof,the petition may be _taken PRO CONBESSO and
a decree made against you.
WITNESS the Honorable P.Vincent Marino,Judge of our said C)urt,
at Washington,Penna.,the 1st day Of_~1tJ '~(o~
Clerk of the Orphans'Court
HERMAN J.BIGI,.ESQ,
Attorney for Petitioner.320 Fallowfield 1\ve.JI
Charle~oiIPenna.,15022.
(Seal)
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HERMAN J.BIGI
ATTORNEY AT LAW
HonorableP.V.MarinoCourtHouse~.-'''-_.-.
Washington,Pennsy~van~a 15301
OFFICE 483-8442
483-8515
RESIDENCE 483·3019
321 FALLOWFIELO AVENUE
CHARLEROI,PENNSYLVANIA '-'5022
May 26,1970
J
Re:Richard H.Balza-··"
an'alleged incompetent
No.348 of 1970
Dear Judge Marino:
I am enclosing nerewith a copy of a letter I received
from the Veteran's Administration ~hich is self explanatory.
I believe the Court could proceed with the appointment
of Beverly Jones,~s Gua!di~n.
In -addition,·I am"enclosing he"rewith a copy of a
letter which I sent to Mary M.Zimmerman.
Yours very truly,
HJB:njr
Enclosures
cc:Mrs.Beverly"Jones
May 26,1970
Attention:Mary M.Zimmerman,Attorney
Re:Richard H.Balza
311/271
C 16 720 117
Dear Miss 'z immerman:
Thank you for your letter of May 25,1970.I am
sending a copy of it to Judge Marino who is President Judge
of the Court of CODIDOn Pleas -Orphan's Court Division in
WaShington County.
.The purpose of having Beverly Jones appointed Guardian
of Richard H.Balza~s estate is for selling a parcel of real
estate located in the Borough of Charleroi.rhis property bas
a lair market value of $2,900.00,and Mr.Balza has an undivided
1/2 interest in it.
1 would like to have a guardian appointed by the Court
forthwith in order to dispose of the property.Whatever portion
of the proceeds are Mr.BaIza's.I would pay over to the Veteran's
Administration.
I am enclosing herewith a copy of tbe Petition for the
appointment of the guardian.
15222
Veterans Administration
Regional Office -
100 Liberty Avenue
Pittsburgh,Pennsylv8D ia
Yours very truly,
Herman J.BIg!
HJB:njr
Enclosure
cc:Honorable P.V.Marino L./
Beverly Jones
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OFFICE OF
ClIlEr Ji.ftORNEY
.VETERANS APMINISTRATION
REGIONAL .OFFICE
1000 LIBERTY AVENUE
PITTSBURGH.PA.15422
May 25,1970
YOUR FILE REFERENCE:
...
{,
Herman J.Bigi,Esquire
321 ra11owfie1d Ave.
Charleroi,PA 15822
Dear Mr.Blg1:
IN REPLY REFER TO:
3111271
C 16 720 117
BALZA,Richard H.
,.,,
We have received your letter of Hay 4,1970 regarding the appointment
of a guardian for the estate of the veteran.Under the Act of 1929,
April 24,P.L.647,Section 1 (20 P.S.,Section 788),the Veterans
Aaministration is entitled to notice of a Petition for the Appointment
of a Guardian for the Estate of an Incompetent Veteran on whose account
benefits of compensation or insurance or other gratuity are payable by .
the Veterans Administration.
At present an Institutional Award exists to the Superi'ntendent,Torrance
State Hospital,Torrance,Pa.,on behalf of the veteran,but payments
were stopped on such award on June 1,1960.as the veteran is incompetent,
hospitalized,without dependent wife or child,and with an estate in ex-
cess of $1,500.Payments will not be resumed until the estate of the
veteran,from all sources,is reduced to $500.(38 U.S.C.A.3203(b)(2».
Since the estate of the veteran is less than $2,500,~have made a care
and maintenance award from appropriated funds in the sum of $.110 per mcmth,
the full extent of the veteran's entitlement,·to the S~perintendent,Torrance
State Rospi tal.There can be no payments I18de to a CO':lrt appointed guardian
of the veteran'a estate until that estate .;s reduced to $500,when payment
of Veterans Administration benefits on hi's behalf will be resumed.At that
time,we.will certify the Court appointed guardian and resume p8yme1lu to
such guardian,when properly qualified and certified.
To certt.fy •corporate guardian,it is necessary that ",e have a conformed
copy of the petition and a certified copy of the Order of Appointment or
a Short Certificate;to certify an individual guardian,ve must qualify
such guardiaD,and iii addition to'the above papers,we must have a certif1ec1
copy.of the cotPQrate surety bond.
If you have any further questions,we will be happy to an8Ver them.
Sincerely yours,
:/;71 J/J /~v1/tt-t1j /11·'~,'';~'d''''~£~'L--
MARY K.ZI~Attorney ;
Include Zip Code in your return address and give '/eteran's social security number.
Show vete,,,n's /ulJ n"me "nd VA file number on all comspondence.If VA number ;,f unknown,show SeNI;C~~rr.b".
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In the Court of Common Pleas of
Washington County;Pennsylv::luj::l
Orphans I Court Divisio n:
No.348 of 1970
IN RE:
ESTATE OF
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RICHARD H.BALZA,\
an alleged incompetent.
,
,DEC R E E
(Marino,J.)
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ORPH '5 COURT
WASHINGTON,PA.
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ORDERED AND DECREED that
No.348 of 1970
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a hearing held following due notice,it is
DEC R E E
ORPHANS'COURT DIVISION
The said Guardian is directed to file an inventory in accordance with
Beverly Jones is appointed Guardian of the Esta te of RICHARD H.
RICHARD H.BALZA is adjudged an incompetent.
AND NOW,--.-:"f;L.~~~_~L·-'1970,upon consideration of
BALZA..an incompetent.
the provisions of Section 402 of the Incompetents'Estates Act of 1955,as
amended.
the annexed petition and
an alleged incompetent.
IN RE:
ESTATE OF
The said Guardian shall file tond with sufficient surety in the sum ofLz£:~-..-re7;=.~)~.
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I',IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
W~I~i\~'~~~
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GUARDIAN·'S INVEN~ORY &.STATEMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
SS:
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Personally appeared before me the undersigned authoritt,
BEVERLY JONES,guardian of the estate of RICHARD H.BALZA,incompe en~
who being duly sworn,deposes and says that the following is a
true and correct Inventory and Statement of the personal and real
property which are of the estate of the above named inccmpetent.
SWORN TO AND SUBSCRIBED
~~/before me this ~V day
of June,1970 .
.~~~
REALTY:
An undivided 1/2 interest in and to Lot No.~l in the
Plan of McGowan,Allen and Colvin Addition situate in the Borough
of Charleroi,Washington County,Pennsylvania.
For reference see D.B.V.662,Page 653
PERSONALTY:"
$1,450.00
None
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RUSSELL t~AHINO.
~£GISTER OF WILLS
.WASHING1'ON CO.,PA.
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,70 JUN I 6 A1-\9.5'f .
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BON D
KNOW ALL MEN BY THESE PRESENTS,That I,BEVERLY JONES,
Guardian of Richard H.BaIza,incompetent,am held and firmly
bound unto the Commonwealth of Pennsylvania,in the sum of Two
Thousand and 00/100 ($2,000.00)Dollars,lawful money,to be
paid said Commonwealth of Pennsylvania,its certain attorneys
or assigns;to which payment,well and truly to be made,
I bind myself and my heirs,executors and administrators,firmly
by these presents.
-,~~Sealed with my seal,dated the ;,t day
in the year of our Lord one th'ouEand nine hundred and seventy
(1970).
THE CONDITION OF THIS OBLIGATION ISe.THAT,if the said,
guardian shall well and truly administer the estate according
to law,this obligation shall be void;but otherwise it shall
remain in force.
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Sealed and delivered in the presence of:
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NOo 348 of 1970
IN RE:
ESTATB OF
RICHARD H.BALZ~,
INCOMP.
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GUARDIANrS INVENTORY AND STATEMENT.
and
..B'O'N U...
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AND NOW,June 16,1970,within
Bond approved.
Russell l1arinot
Clerk 0....
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ATTORNEY AT LAW...
321 FALLOWFIELD AVENUE
CHARLEROI,PENNSYLVANIA 150.
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HERMAN J.BIGI
PETITION FOR APPROVAL OF
PRIVATE SALE OF REAL ESTATE
UNnER SECTION 543 OF THE
FIDUCIARIES ACT OF 1949,
AS AMENDEP ~
RE:ESTATE OF RICHARD H.
BALZA,An Incompe~ent
IN THE COURT OF·COMMON PLEA
OF WASHINGT0N~COUNTY,.PENN-
SYLVANIA -Orphans'Divisio
No.348 of t970
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
RE:ESTATE OF RICHARD H.BALZA,)
An Incompetent )
NO.348 of ]970
PETITION FOR APPROVAL OF PRIVATE
SALE OF REAL ESTATE UNDER SECTION
543 OF .THE FIDUCIARIES ACT OF
1949,AS AMENDED.
TO THE HONORABLE,P.V.MARINO,PRESIDENT JUDGE OF SAID COURT:
The petition of BEVERLY JONES respectfully represents:
1.Your Petitioner is an adult individual who resides
at 619 Speers Avenue,Charleroi,Washington County,Pennsylvania
and is the sister of the above incompetent.
2.That your Petitioner,by decree of Court dated June 11,
1970 at the above number was appointed guardian of the Estate of
Richard H.Ba1za,an incompetent.
3.That your Petitioner has filed in the Register of Wills
Office of Washington County,Pennsylvania,surety in the sum set .
forth by said decree,and an inventory in accordance with the act.
4.That your Petitioner and the above incompetent are
co-tenants of the property which description is herein set forth.
5.That your Petitioner proposes to sell the realty herein
after set forth to Dorothy T.Jackson of the Borough of Charleroi,
Washington County,Pennsylvania.The agreement for said sale is
attached hereto and made a part hereof and marked as Exhibit "A".
Attached hereto as Exhibits "B"and "c"are the affidavits of two
(2)persons setting forth that they are familiar with the real
estate proposed to be sold,t~at they are acquainted with the
value of the rea!estate and the locality of that property which
is proposed to ',be's.old and that in their opinion the fair marKet
value of the prope~ty proposed to be sold is Two Thousand Nine
Hundred and 00/100 Dollars.($2,900.00)and that your Petitioner's
husband,Ralph W.Jones,who has an inchoate interest in said
property has agreed to sell said real estate as appears from his
·~
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written consent hereto attached.
6.That the property proposed to be sold is described as
follows:
ALL that certain lot or parcel of ground situate in the
Borough of Charleroi,Washington County,State.of Pennsylvania,
more particularly described as follows:BEING Lot ~o.thirty-one
(31)in the Plan of McGowan,Allen and Colvin Addition to the town
of Charleroi,between Garr Street and Eleventh Street fronting on
the East Side of Meadow Avenue,forty (40)feet and running back
maintaining a uniform width of forty (40)feet a distance of One
Hundred Twenty (120)feet to an alley.
BEING all of Lot No.thirty-one (31)which 'wes conveyed
with Lot No.thirty-two (32)to LEON BALZA and ADELAIDE BALZA,by
deed of ADELIN BOURBOUSE,et ux.,dated December 30,1913 and
recorded in the Recorder's Office in Washington County in Deed
Book Volume 412 page 292.
WHEREFORE,your Petitioner prays your Honorable Court under
Section 543 of the Fiduciary Act of 1949 for authority to make
private sale of the aforesaid premises.
And she will ever pray,etc.
Beverly Jones
-2-
Form NALY No.143 Agreement for the Sale of Land,]udg't &Eject.
(With Coal Notice)
For Sale by P.O.Naly Co.,La.w Blank Publishers
425 Fourth Avenue,Pittsburg:"Pa.'15219
4
Artirlr of i\grrrmrnt-
~a tie this 7th
Lord,one thm:.sand nine hundred
d4yof July
seventy (1970)
in.the year 0/OW"
15etween BEVERLY JONES and RALPH W.JONES,'her husband,of 619 Speers Avenue
Speers Hill,·Char1eroi,Washington County,Pennsylvania,and BEVERLY JONES,
AS Guardian of the Estate of the Estate of Rich~rd H.Bal;fcllle ~PstJ,IJff11lJ13tent.
Partl.es '
DOROTHY T.,JACKSON,of the Borough of Char1eroi,-Washington County,
Pennsylvania,Party of the second part:
UJUneggetb,That the said.part ies of the first part,in consideration of the covenunts and agree-
ments hereinafter contained on the part of the said ptJrt y of the second part to be kept and
performed,agreed and do hereby ag.ree to sell and convey unto the 3aid ,art y of the
her .heirs or Cl3signa,aU the land and premises hereinafter mentioned and fully
described,for the sum of TWO THOUSAND NINE HUNDRED and 00/100 ($2,900)Dollars,
to be paid CI3 foUowa:One Hundred and 00/100 ($100.00)Dollars,
at the signing of this agreement,the receipt whereof i8 hereby acknowledged;
Eight Hundred and 00/100 ($2,800.00)upon closing
,.~-•
.\
,"
,"h ..""',,...and Two Thousand
....fi
and upon the PJyment of Two Thousand Eight Hundred and OO/l~~~~'
,'.
the said part ies of the first part will at their own proper cost and charge,make,execute and
7".IdelivertothestJidpartyofthesecondpart,a good.and sufficient deed for the proper conveying
and assuring of the said premises,in fee simple,free fTom an encumbrances,and do-.oer or right of
,.-""...
dower;such COf&1Jeyance to contain the usual covenant 01 General warranty;
t~JSc1'SXXXXX~~1fiH2I'iKHBlXJt~~~~~
ot.X1ml:jmt,~:t1Jac~~~~tln~XK~~~Q'Jm~.
t~~~~~~iftiMllft~:mulft~fMt~:
anti the said part y of the second part agree with the said part ies 0/the fiTst part to
purchase the sa:d premises and pay there/or the BUm of Two Thousand Nine Hundred and 00/100
($2,900.00)
in the manner cmd the times hereinbefore pr01Jided.
----------Dollar8,
anD it is furlber agreeD,by and between the said parties,that possessio'n of said premise8 shan
......
M ••~~,
be delivered to the part y
day of September
or before
of the second part,her heirs and assigns,on Jhe 1st
A.D.1970 ,subject,however,to the outstanding leases upon
said;prem~es,until which time the part ies of the first part shall be entitled to have and re-
'.
ceive the rents,issues and profits thereof...
The said premises are described as follows:
ALL that certain lot or parcel of ground situate in the Borough
of Char1eroi~Washington County,Pennsy1vania,'more particularly described
as follows:
BEING Lot No.31 in the Plan of McGowan,Allen and Colvin Addition
to the town of Charleroi,between Garr Str~et and Eleventh Street fronting
"'~-.
on the Eas~Side of Meadow Avenue,40'and running back maintaining a
...,...'...,......
uniform width of 40'a distance of 120'to an alley.1 .
The above conveyance is subject to the approval of the Orphan's
Court Division of the Court of Common Pleas,Washington County,Pennsy1vanias
The Parties he~eto agree as follows:
I t
1.Party of the First part shall pay for State Tran's'fer tax"es·•.
2.The property taxes will be pro rated at the time of closing
3.Rent is to be pro rated at the time of closing on a per~e~m
basis4.Buyer agrees to pay for local transfer taxes and title search
5.Sellers agree to pay for Articles of Agreement and General
Warranty Deed.
l.
"IF THE PREMISES HEREIN DESCRIBED ARE IN THE CITY OF _.._..._..
~:ECTED·THEREON·"iS·wiio"LLy·OR··p"iiiNCipALLi·U8~gu:ll·~~~::~?M!R~~E~3:i~=~~
OF THE INSTALLMENT·LAND CONTRACT LAW OF 1965 (ACT No.81 OF JUNE!t 196!J.P.L.115)MAY REQUIRETHATSECTIONS3TO9INCLUSIVEOFSAIDACTBEINCORPORATEDINTBJ"CO~TBACT.BY THIS REFER.
ENCE NONE OFTBE PARTIES HERETO ADMIT THE VALIDITY AND ENFORCEABILITY OF SAID INSTALL.
MENT LAND CONTRACT LAW.'rHE PARTY OF THE SECOND PART HEREBY WAIVES THE BENEFIT OF ANYANDALLPROVISIONSOFSAIDLAWo"
...;,
------~-~.-.--7\----~-,.-------.-~~----~------
,'
nD it is furtber unDerstooD anD agreeD,That itt case of default of paymer.t of any sum f
'prin .'aZ or interest herein agreed to be paid,fm:the ~pace of da aft~
the same all become due and payable by the terms hereof,that then and in such !:ilse e whole of
the said PM'sum shall,at the option 01 the said part 01 the first part,hwith become
due and payable,ything hereinbefore contained to the contrary thereof withstanding.And
in such case of default e said part of the second part hereby autho .e and empower
any attorney of any Cou of record in the State of Pennsylvan'or elsewhere,to appear for
the said part of the sec art and confess a judgment fa e whole principal sum and inter-
est remaining unpaid hereon,with per ce attorney's commissiou or fees;hereby
waiving all rights of exemption and inqu 'tion or ext ion,and condemnation is hereby agreed to
so far as the ?and herein described,and any pr or buildings thereon,may be concerned.Or the
said part of the first part may at option proceed by action of ejectment on this
agreement for the said premises above cribed,wit osts after default made a3 aforesaid;and in
such case the said part of t econd part authorize a empower any attorney of record of the
Court of Common Pleas of County,State Pennsylvania,to appear for
in an amicable action 0 'ectment for the premises above describe,0 be entered by the Prothon-
otary,in which said of the first part shall be Plaintiff part of the second
part Defendant and confess judgment therein in favor of the Plaintiff J and against the
Defendant for said premises}and authorize the immediate issuing of a writ possession with
xecution for the costs (without asking leave of Court)}with costs of suit an
ent.attorney's commission or fees.
MAY NOT .NOTICE-THIS DOCUMENT 'SELL,CONVEY,TRANSFER,INCLUDE OR INSrRE THE TITLE TODOESNOT'
THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO
HEREIN,AND THE OWNER OR OWNERS OF SUCH COAL l\'lAY HAVE THE COMPLETE LEGAL RIGHT TO.HAVE '
REMOVE ALL OF SUCH COAL AND,IN THAT CONNECTION,DAMAGE MAY RESULT TO THE SURFACE OF
TIlE LAND AND ANY HOUSE,BUILDING OR OTHER STRUCTURE ON OR I~SUCH LAND.THE INCLUSION
OF THIS NOTICE DOES NOT ENLARGE,RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHER-
WISE CREATED,TRANSFERRED,EXCEPTED OR RESERVED BY THIS INSTRUMENT.[Ttis notice is set forth
in the manner proyided in Section 1 of the Act of July 17,1957,P.L.934,as amended.]
In UJitness Whereof,The said parties to this agreement have hereunto set theiT hands and seals
the day and year first above written.
§ealeD anD iD~HuereD in tbe ~resence of
"
--.---~:-----------------}.f(----
4-~.------.j---------!!..'::'..~-------.--------_..- .w.~I
,~,
€ommonweaItb of ll:'ennsl?IUanfa,
€ountl?of Washington
On this
}ss.
day of A.D.J9
.'..,'"..,lIo...,;~~.~..
,before me,
a Notary
came the above named Beverly Jones,Ralph Jones,Dorothy T.Jackson and
Beverly Jones as guardian of the Estate of Richard H.Balza,
and acknowledged the foregoing Indenture to be their act and deed and desir~d the same to be
recorded as such.
Mlitncss my hand and
My Commission expires...._........__. .....
seal,the day and year aforesaid.
.-..._-------..-._-----------------._------_.._----------..__....------_.._..._-_.~
.\.;~
~.~Agrrrmrut.0 0:::=::=~l 'cG BETWEEN0
0 ::-g -..,~om Beverly Jones,et 'aon.--0-
0 1-·
{;"-,
'G ;-~~~~0 .::~0 ~::..~~~Q ~~1004 ~~g ~~-....c::r•;s r"'"\0 m AND;:4"t ::~a -I...~.m
S"eI...
g Dorothy T.Jackson;t ....,
ce::~'--.rJ (,.....,.r ~z:.~
:>~..t ~.~....,
;Q ~-1-;-,t Dated July'7,l~O ~i,-r,~'.•;;.~- I C ';'-;~\0 ~C81
!'~
'jClDQ
I.~CQeo -~~~u
~....for.,..,....~~coQ ~co S;Q Ie:
1 ..
rl S;()~~~•.f .•;s .......~~.~I .........,.;s
~
~Herman J."Bigi,Esquire ~-.. I Ie:~2l FaLlowfield Avenue
-I
Q Cllarleroi,Penna.~.~"o·r.
I.i .oJ ....For Sale by P.O.Naly Co.,Law Blank Publishers
425 Fourth A"enue,Pittsburgh,Pa.15219
..
"
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
5S:
COUNTY OF WESiIMORELAND
Personally appeared before me,a Notary Public in and
for said County and State,Nartin Wehousie of li,teanibJflm
Char1eroi,Washington
'6mrliililoml!J1nuW!1B11~County,Pennsylvania,who,after being duly
sworn according to 1aw,depc.ses and says.that he is a registered
real estate broker under the laws of the Commonwea1~h of Penn-
sylvania,and that he is familiar with the real estate values
in and about the general area of Charleroi,Washington County,
and further that he is fully familiar with the real estate
proposed to be sold by Beverly Jones,Guardian of tr~e Estate
of Richard H.Ba1za,an.incompetent,to Dorothy T.Jackson,
which real estate is described in full in the foregoing
Petition,and in the opinio~of this.Deponent,the fair market
value of the property proposed to be sold is Two Thousand Nine
Hundred and 00/100 ($2,900.00)Dollars.
,197D.
IN WITNESS WHEREOF,your Deponent has hereunto set his
hand and affixed his seal'this -yyn...g.d'ay of ~
O·_U~·~,,~.,_~~/_/_.__._(SE~)
eW-.;#/,go~SWORN TO AND SUBSCRIBED
,1970.
My commission expires:
CLARA AlliSON .NOTARY puellt
AtyCommission ExpIres Fob.23.1971
_Jtlroi&P.a..Washinston C~
EXHIBIT "c"
".-;..
CONSENT IN JOINDER OF PARTY
I,the undersigned,hereby consent that Dorothy T.Jackson
may purchase within described -premi~es for Two Thou~'and Nine
Hundred and 00/100 Dollars ($2,900.00)and respectfully request
that the prayer of the Peti~ioner may ~e granted.
(/Ralph W.Jones
EXHIBIT "D"
(i,,
'.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
)
)
)
S8:
day of £'Ilfo
Personally appeared before me,a notary public in and for
said County and State,BEVERLY JONES,the above named Petitioner
who,being duly sworn according to law,deposes and says that the
facts set forth in the foregcing petition 'are true and correct.
Beverly Jones .
Sworn to and subscribed
before me this ~~b~~~(_
,]970.
Y4v~--,_
Notary Public
My Commission Expires:
ILA HAMILTON,NOTARY PUBLIC Nff
CHARLEROI BORO,WASHI~GTON cou
MY COMMISSION EXPIRES APRIL 8,1972
Member.Penns,lvania Association of Notllrles
,.
]970,upon
ED AND DECREEDPetition,
AND NOW,this ~o.=;.....
consideration of the
j IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHAN'S COURT DIVISION
RE:ESTATE OF RICHARD H.BALZA,)NO.348
An Incompetent )
that Beverly Jones,Guardian of the Estate of Richard H.BaIza,
an incompetent,give due notice according to the Acts of Assembly
and Rules of this Court of the proposed private sale of the pre-
mises identified as Lot Number 31 in the Plan of McGowan Allen
and Colvin Addition,located in the Borough of Charleroi,Washing-
ton County,Pennsylvania,described in said Petition,to Dorothy T
Jackson,for the total sale pri~e of Two Thousand Nine H~~red and
00/]00 Dollars ($2,900.00),and ~the ~~of
~~U!!~~.,]970,at -:J -ae.o'clock l'M.,E.D.S.T.
in Court R~om of this County,is set for the date,
time and place when.and where th~Petitio'nOer will:make return to
~...-.....,--......~"-
this Court whereupon this Court will confirm absolute said sale or
..
make such order as it deems advisable under the circumstances.
J
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
Act of 1949 as amended on a Petition for Approval of Private Sale
time set by the Court for hearing under Section 543 of the Fiduciaries
,
at 1:30 O'clOc~
!
No.348 of 1970
)
)
)
)
)
)
)
)
REAL ESTATE
Your Honor,if the Court please,this is the
Thursday,September 10,1970,
P.M.,EDST.
-HEARING ON PETIT10N FOR APPROVAL OF PRIVATE SAL.B;'IU>F
.,~-,J c:>;:rn ::n
(f),~c-:~',.-'~'
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Z -i ,,,t •
,G.\Pi ,--.::::>
T'HE HONQRABLE P.vt\i£;ENT MAR I&d,z -_"-0
Judge of the said..'Court.o ~:::::.::x
o :::::::~..c;,.....
\)'0»(f),.,..,
HERMAN J.BIGI,ESQ:,of Charl~i,Pa.,
repr2senting the Petifironer.
MR.BIGI:
ESTATE OF
RICHARD H.BALZA,
IN RE:
.;~~:!
iII)
<l:
:BEFORE:
~an incompetent.
<l:>.J~:!..~L
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0(APPEAnA NCES:~o::l..
~
"-OI
iii TIME:
I:IkI..I:oLtII:..I:::loI)..0(
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•
_4
,-\
e'in the estate of Richard H.BaIza,an incompetent,Number 348 of
1970.And I hand up to the Court the Affidavit by Ralph W,Jones
that he posted the property in accordance with the law and also Proof
of Publication of the sale in Court today.And in Court today,Your
Honor,is Beverly Jones,who is the guardian of the;.estate of Richard
are both in Court today.
2
THE COURT:The ~A,ffidavit of Posting of the premises as
required by the Court rules is made part of this record,as well as
the Proof of Publication showing publication of the advertisement
concerning this proposed sale in the Washington County Reports and
~..~oJ:-o....
UL
in the newspaper of gEneral circulation,the Valley Independent.
Is there anyone in Court at this time who desires to be heard~1,and
specifically,who .desires to pay more than the offe~ed price for the
~e real estate proposed to be sold in this incompetent's es tate?Theo~
proposed selling price of tl'~e real estate to the present applicant is
in the sum of $2,900.00 for the entire interest in this parcel of real·
es tate.Is there anyone in Cour tat this time who is wi 11ing to offer
mo re than the sum of $2,900.00 for this parcel of real estate?
execute a Decree affirming the sale to the present applicant.
MR.BIGI:
~C!
Iicl:!THE COURT:cCll:.iiilI:
l-ll::.o(,.
c
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(NO RESPONSE)
There being no response,the Court will
ThaM you,Your Honor.
(Proceedings Closed).
,)....
I hereby certify that the proceedings and evidence are contained
~uii:...(/)0c:
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~
C:::I""l
J::;
til
iii The foregoing record of the proceedings upon the hearing of the
It:III...~above cause is hereby approved and directed to be filed.
D.IIIIt:...It::::Ioo
,./
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cause.and that this copy is a correct transcript of the same.
:<cl-e2
iIf..~
:!:::-.J~fully and accurately in the notes ta.ken by me on the hearing of the above
:;;:
tt
IIII
•.
'.
HEARING ON PETITION FOR APPOI~TMENTOF GUARDIAN
an alleged incompetent.
I
~',-..:--:-::.---:------:0,,-.--:-,
Monday,May 4,1970,at 10:UO o'clock A.M.•
DST.
HERMAN J.BIGI.ESQ.•of Charleroi,Penna.J
repres enting the Petitioner.
THE HO~ORABLE P.VINCENT MARINO•.Judge
Of the said Court.
ORPHANS'.COURT DIVISION.~
APPEARANCES:
BEFORE:
ESTATE OF
RICRA RD H.BALZA.
TIME:
I'li
Iii
~
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[]
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If the Court please,:his is the time set)Your
Balza,who is presently confined to the Torrance State Hos pital.
Honor.to inquire into the incompetency;to ascertain whether Or
not a guardian should be appointed in the estate of Richard H.
,
I
"I:
I
And I have,Your Honor,an Affidavit from a Dr.Saul Greizman,II
il
who is Acting Superintendent at the ins ~itution which I will present II
to the Court for review as to the condition of Mr.Balza.I might
add,Your Ho nOr,that is a second Affidavit I received :rom the II
doctor because the last time I showed the Court the first one we se~t
,~_~__~,~_~~~,~,thg,'c-9JdrLw'lcs rl9Ls:>tisfied with the waJ~!1>e-!1J:Qgnosis_",ass£~~~eclJI,~,~
III I·Ii;II
I~I
II
'I 2--~-----I----------··------·-------------------------I.-=:...--
out and I called the doctor by phone a::ld told him exactly what I
wanted.And this is w hat he sent me.He said he could not be any
more specific,Your Honer,as to wha.t is on the report.
THE COURT:We didn't have any ~1.earing in this matter yet,
did we?
II MR.BIGI:No,sir.
~
L~THE COURT:You were conferring with me in chambers.I don't I
)v
(j,
~recall whatyou are speakbg of.
IIII
Petition is the first Affidavit that the doctor sent.And it was
i~MR.BIGI:
c2
iIf
<I
3:
Well,Your Honor,I think attached to the origina
insUfficient when the Court viewed it.~c.;
D:I-~THE COURT:We can determine that in a few moments.Now
Honor,that service was made.
20-days,served on the incompetent person a copy of this Petition,
along with the Citation.That would be shown by the records,Your
do you have an Affidavit of Service shJwing proper service in this
Did you instruct the Sheriff to serve?
That would be the Sheriff,Your Honor,within the
matter?
THE COURT:
MR.BIGI:
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Q.
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MR.BIGI:Yes,sir.
THE COURT:Was that done in time to give 20 days before this
hearing?
MR.BIGI:Yes.And,Your Honor,the only next of kin whi<h
would require service and notice of this hearing is the proposed
-.----I;------.-----------------------.--~---
guardian,Beverly Jones,who is the 3ister of the alleged incompetrt.
THE COURT:I see.You may call your lay witnesses.
BEVERLY JONES IS CALLED AND SWORN.
EXAMINATION BY MR.BIG I:
:!...
~Q Will you state your name please?
:-Cl...
~A Beverly Jones.
L
~Q And what is your age?o
~
c A 38.~
3
~QQ.
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Q
A
Are you married?
Yes •
Do you have children?
Yes,I do.
What does your busband do?
He works at Combustion Engineering in Mon City.
How long has he been employed there?
17 years.
What is your occupat ion?
Housewife.
Q Did I ask you whereyou reside,Malam?
A No.
Q Wh ere do you reside?
A 619 Speers Avenue,Char~eroi,Pa.
Q And do you own your own horne?
4
A Yes,I do.
Q How long have you been living or residing at that address?
,fA 11 years.
I,
Q Now what relationship are,;:You to Richard H.BaIza?
A I am his sister,
Q When was he born?
.,
;~A November 2,1927 .
•Jii
::Q Where is he presently residing?
lJL
~A Torrance State Hos pita!..,
"
ii Q Where did he live Or reside before he went to Torrance State Has pital ?
0(3':
I:A 1008 Lower Meadow Avenue,Charleroi,!!t:I-~Q Do you make visits at Torrance State Hospital with him?
-I0(
~A Yes,I do.
:l.,.
t Q And have you been making such visitations since he's been in theu
:i~hospital?
l-I:~~A Yes.
t,
~Q And when is the last time thatyou visited \bith him?
':l
.I0(
i5 A Around the first of April.i:L.
Q
Q Now would you describe how he keeps himself?
A Well,he didn't have a very neat appearance.His pants are usually
too big and too long.And he usually has slippers on.And his
hair isn't neatly cut Or combed.And you can tell he doesn't take c re
of his teeth.They are very yellow.I'd say his appearance wasn't
neat at all.
----il'------------------------I---
I
-------1~--.-----------------~~.~.-
Q Do you know if he is able to dress himself or care for himself up
there?
A I think he does that.
Q Does he read Or watch tee:1lEiv.is/iron Or anything of that nature?
5
A
~
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Q
A
I can't say for sure.He doesn't seem too interested in anything.
And when I ask him if he watches T.V.he tells me no.
Are you able to carryon a conversation with him?
When I carryon a conversation it's just usually one-sided.I'm
usually doing all the talking and he doesn't converse .
Do you know if he underslands what you are talking abo ut ?
Well,I can't say for sure becaus e he ~v~ranswers back,you kno
He more or less just listens.So he may not understand.I really c
say.
.•
This condition which you have just described,through your obser-
vations,has it worsened through the years you visited with him?
No,it hasn't worsened but it hasn't gotten any better at all.
How was his personality?
You mean now or before?
Now[,at the present tim =.
He was very qu1t~·t and Uke I said,when we'd take him out he jjlstt
sits and he doesn't talk.He's mOre Or less just a:loner,I would s·y.
Q Does he walk around without any assistance or aid?
A Yes.
Q Now does he own Or does he have any type of insurance policies?
A
Q
A
Q
e
A
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6
Yes.he does.
With whom?
Metropolitan Life.
And do you know in the event of his death,how much the policy
would be for?
For $1.000.
And do you know if there is a cash surrender value on that policy?
It would be $467.00.Then he also has dividends accumulated at
$177.99.
That's $467 did you say?
Yes.I did.
Do you know of any income that he may have or has?
I donIt know of any.
Does he have any bank accounts or savings accounts?
No.
Does he have any sotcks Or bonds,anything of this nature to your
knowledge?
No.
By the way,Mrs.Jones.what was his occupation before going to
being confined to Torrance?Do you recall that?
A He worked in several plc.ces.Well,he was in the service.You m an
before that?
Q Yes,before he went into the Torrance State Hospital.do you know
what his occupation was if he had any?
~-
.------------,------------------------------------------------,..----------,
7
A Yes.He worked at Corning Glass;I know that he worked for the
water coinpany.And he also worked 'In the railroad.
Q
A
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:;A
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Q
A
Now does he own any real estate?
Yes,he does
By himself or with anyone else?
He has a half interes t with myself.
Where is this real estate located?
1008 MOwer Meadow Avenue in Charleroi.
What is the source from which you and your brother receivedUJaJat
real esta te ?
Through the death of our parents.
Now when was the date of the last parent's deat,wherein you got
this real e'state?
My mother passed away on May 17,1969.
Is there any income from that real estate?
Yes,thereis.
I assume you are renting it,is that it ?
Yes .
How much a month doyou get from rental?
$45.00.
What kind of--would you describe the home that is located on it?
It's a three-room frame home and it has a garage and a double lot.
And it's in very poor condition.
Q Do_you_have any idea or haveyou had that home appraised?
A Yes,I have.
Q What is the fair market value of that home °t
A The real estate appraised it at $2900.00.
Q What do you do with the income fromthe home?
8
A I just ;1ilse it to keep up the expenses of the home,the taxes and
such.
:5z~Q If the Court would see fit to appoint you as guardian,is it your des re
..Jl-IIi and wish to dispose of this home?ils that it?
kIQ.
'5 A Yes,it is.
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~Q And what wou ld you do with the proceeds ?
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t A Well,I would have to naturally give half of the share to my brother's
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%5 Q Does your brother understand anything about money?In other "Nror s,
iiill:III if you would give him money he could giveyou change back?Would~oII.~he understand this?
l-ll:8 A I couldn't say because I have never done that .
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~Q Mrs.Jones,based upon your testimony and your observations of
ILo
your brother during this period of time at Torrance,doyou have a
opinion as to his competency?
A
Q
I'd say that his mental tealth condition is very poor.
And do you believe it would be in his best ..i.nta~e.st"*=for the Court
to appoint you as guardian of his es tate?
A Yes,I do.
Q And do you believe---strike that question plea se.Would you act in
his best interests if the Court would appoint you guardian?
A Yes,I will.
Q And ,.you unde;t;'stand that the Court,if you are appointed,the
Court WOUld require you to put a bond up to insure your good faith
and your performance of the duties?
A Yes,I do.
Q Mrs.Jones,you testified that you are Mr.Baiza's sister.By the
way,what is his full name?
A Richard Herman Baiza.
Q Does he have any other brothers Or sisters?
A No,he doesn't.
Q You testified both parents are deceased?
A That's right.
Q Was he married?
A .No,he wasn't.
Q Was he ever married?
A No.
Q Have you ever institued any guardianship proceedings in his behalf
to have a guardian appointed in behalf of Mr.Balza before?
A No.
Q So this is the first proceeding to have a guardian appointed?
A Yes.
Q So then he has no guar dian of his estate Or person at this time?
9
I,
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A No.
10
Q If the Court please,I submit,Your Honor,that's all the questions '
have at this time.The C::>urt may question the witness if it so
desires.
EXAMINATION BY THE COURT:
Q Mrs.Jones,do you recall the circu:nstances under which your brcther
was admitted to Torrance in the firs:place?
A He was inducted into the Armed Forces and he was only at the
camp for a few days and he tried to commit suicide.He was then
transferred 0 WlUer Reed Hospital e.nd from there they put him in
Torrance.
Q Do you know what camp he rep orted to when he was firs t inducted?
Was that in Pennsylvanie.?
A There is one in Maryland.Is it Mea:::1e?I can't be sure.But it's
not too aar.It's near Washington.That's why he was taken to Walt r
Reed.
Q Was this during World War II r
A It was during the Korear:War.
Q Where had Richard livec.just before he went into the service?
A 1008 Lower Meadow Avenue in Charleroi.
Q And with whom was;he living?
A With my mother and myself.
Q Now your mother has since passed away?
11
-------It----------~--·~--·~----~-~---------------___J---
Yes.
And your father is also deceased?
Yes.
But at the time that he was inducted he was living with his mother
in Charleroi.
That's right.
Now can you recall where he was~!;working at that time,just before
he was inducted?
I believe it was Corning Glass Works.
Do you know of any trouble that he had had in the way 0 f mental
disturbance "before he ,was inducted into the service?
We il,he had gone for a physical for induction,I think it was
two different occasions,and he was rejected because of,I think th Y
said high blood pressure.And then it must have been a third time
that the]was taken into the service.
Well,he was drafted,was he?
Yes.
That was during the Korean conflict?
Yes.
Has he been institutionalized at Torrance State Hospital ever since
that time?
He came home,let's see,he came home once.
Only once?
Yes.
12
Q Do you recall how long that might have been after he was first placl d
in Torrance?
A I think the first time he was in TOl-rance I think he might have bee there
from about nine months to a year.And then he was released,but t en
he had to be taken back.
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The record shows that he went to Torrance in the first placemJll
December 31,1952.So that if he were released nine months to a
year afte r that,that would be in 1953.
Your:IRonor,I think that 1952,I think that was the second time h
was admitted..if I'm not mistaken.
I see.But he was only released once to come home?
Yes.
Do you know how long he stayed home at that time,approximately'i'
Well,it must have only been around six months,I would say.
And do you know whethe:-,when he was permitted to come home,t
was required to go somewhere as an out-patient to see a doctor Or
something of that nature?
No,he wasn't.
He was not?
No.
l_
Q Who saw to it that he was put back in Torrance?What was the
situation there?
A Well,I really can't be sure about this.I know ---I think he was
involved in taking a car and I think they first took him to the Wast'gton
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Jail.And then from there they put him in Torrance.I don't know
who did it.
And he has been there ever since?
Yes.
And you have visited with him on occasion?
Yes,I have.
Did your mother visit with him at any time prior to her dEB.th?
Oh,yes.
And did he converse freely with your mother?
No.
Nor with you?
No.
Mrs.Jones,you are willing to act as the guardian in this estate !'
Yes.
What has been the extent of your education?
High school diploma.
Now you are married ar:d you have three children?
Two boys.
Where does your husband work?
Combustion Engineering in Monongahela.
You would be required to keep accounts :f you were appointed
guardian.Do you know that?
A Yes.
Q You would be required to keep 'full accounts of all monies received
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and all monies expended.And eventually to report that throu gh you
attorney to the Court.Do you unde rstand ?
Yes~
You now have been administering this piece of real estate tha t you
and he own together,is that correct?
Yes.
And where is that real e3tate located?
1008 Lower Meadow AVEnue in Charleroi.
You have had that real estate appraised and it would appear that it
is worth about $2100.00?
$2900.00.
How much do you get a month from it?..
$451)00
You say that it's in bad repair?
Yes,it is.
Why?
Because it's a very old home.And after my father died,we just
couldn't keep it up.And through the years it's just really gotten i:l
very bad condition and it would take entirely too much to try to
fix it up and that's why I would like to sell it.
What did you do with the $45.00 a month which you received frlCDITI
the rental?
14
A Well,keeping the taxes paid and the expenses for this proceedin§"
here today.
15
------~---------"~.---'--~-'-------
Q Your taxes and insurance woulan't take $540.00 a year,would it?
That's how much you wOlild get at $45.00 a montI--.
A I haven't been receiving that.I mean before my mother was receiv ng
thatmoney.
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What was the date of your mother's death?
May 17,1969.
Just about a year ago?
Yes.
Up till that time she had collected the rentals?
Yes.
Did she put any of the money aside to distribute to you and to your rothe
No.
How long has your father been'cl'€'eeaa'ecf:?
Since 1946.
And what income did ycur mother have after YO"Jr father's death?
She had Social Security until W8!Were 18 years old.Then after
that,I kept them when I worked.And my brother while he was ho
Where were you working?
After graduation I worked in the Tax Office in Charleroi.
that I worked at Corning Glass Workd.
Was that before you were married?
Yes.
~at year did you marry?
I A 1954.r
16
(At the direction of the Court,off-the-record discussion was not
recorded by the stenographer).
I THE COURT:
f MR.BIGI:
•
Do you have any other questions of Mrs.Jones?
No,sir.
THE COURT:Let the record show that personal service has beE n
The foregoing record of the proceedings upon the hearing of the
to the date of this hearing.
(Proceedings Closed).
I hereby certiffWtthat the proceedings and evidence are contained
1970 at 3:00 b'clock P.M.,which date is mOre than 20 days prior
service having been made on the alleged incompetent on April 10,
had upon the alleged incompetent,Richard H.BaIza,by the Sheriff
of Washington County thr::mgh the Sheriff of Westmoreland Coun~y,
above cause is hereby approved and directed to be filed.
~!
cause,and that this copy is a correct transcript of the same.r '
fully and accurately in the notes taken by me on the hearing of the above
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IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'DIVISION.
No.348 of 1970
IN RE=F.Rtate of RichardH.Baiza,
An Incompetent
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PRooi"o}jfuBLI~~TI~t7,•t:....;,;._~~;:::--
-0 r-~..c::-
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''ve;:,
HERMAN J.BIGI
ATTORNEY AT LAW
321 FALLOWFIELD AVENUE
CHARLEROI.PENNSYLVANIA 15022
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""--.
Praof of Publication of 'Notice in The Valley Independent
Under Act No.587,Approved May US,1929,P.L.1784,
aS,amended by Act No.$1 of April 24,1931,P.L.67
State of Pennsylvania }
County of,Westmoreland IS~
Personaly appeared before me William H.Pore,General Mcinager of The Valley Independent,who being
duly sworn,deposes and says that The Valley Independent is a daily neWSpaper of general circulation in
Fayette,Washington and Westmoreland counties;Pennsylvania,and elsewhere,published in the City
of Monessen,Westmoreland County,Pennsylvania,that it was established June 28,1902,since which
date The Valley Independent has been regularly issued in said county,and that a copy of the printed
notice O'J'publication is attached hereto exactly as the some was printed and published in the regular
editions and issues of The Valley Independent on the following dates,July 30 l 1970
August 6 and 13,1970
Affiant further deposes and says that he is General Manager of The Valley Independent,a doily
newspaper of general circulation,and as such is Quthorized to verify the foregoing statement under
oath,a,d Affiant is not interested in the subject matter of the aforesaid notice or advertiSement,and
that all allegations in the foregoing statements as to time,place and character of publication are tRle.
$39.15
..................~.'. . ...$,_~'75~
......................................
STATEMENT OF A'DVERTISING 'COSTS:
Herman J.Bigi,Attorney at Law
Notary
My commission expires---.:;.:.:.'"T.'=,..-~~~-----
TO THE VALLEY INDEPENDENT,DR.4
For publishing the notice or advertisement attached hereto in The
Volley Independent on above stated dotes ..~.l!...:p.$38,40
Total
,.......----CJ~l"y of NOTICE
IN THE COUR~OF COMMON PLEAS~OF WASHINGTON COUNTY,PENN-
SVLVANIA OR~HANS'DIVISION!~i RE:Estate of 'Richard 'H.'Baiza,an,"IIl:ompefent."'.I
•No.348 of 1970 I~NOTICE OF'PRIVATE SALE tOFREALESTATE
17):ALL CREDITORS,HEIRS,DEVIS-
,EES,OTHER INTERESTED PAR-
nES:.I
:.:'Take Notice that the underSigned,'!"B1everly Jones,Guardian of 'the Estate
1,0'Richard H.Baiza,an incompetent,~
\,p-oposes to sell the interest of the said!
t r I.competent in realty hereinafter de-,j ~so:rlbed to Dorothy 1.Jackson for,a to-
I'•hi of $2,900.00.The property proposed• ,h be sold is as follows:
• I ALL that certain lot or parcel of~round situate in the Borough of Char-
I larol,Washington County,State of Penn·,;!'Ylvania,more particularly described i&s follows:BEING Lot No.thirty-one I'31)in the Plan of McGowan,Allen f~nd Colvin Addition to the town of Char-,'eroi,between Garr Street and Eleventh'~treet fronting on the East Side of Mea-<low Avenue,forty (40)feet and running'Jack maintaining a uniform width of
1 'orty (40)feel a distance of One Hun-
•:lred twenty (120)feet 'to an alley.fBEINGallofLotNo.Ihirty-one (31)which was conveyed with Lot No.thir-ty·two (32)to LEON BAllA and ADE-LAIDE BALZA,by deed of ADELINBOURBOUSE,et UX.,dated Dec.30th.,1913,and recorded in the Recorder'sOfficeInWashingtonCounty,In DeedBookVolume412,page 292.,
Thursday,September 10,1970,at 1:30)
o'clock P.M.in the Orphans'Court!
Room,Washington County Court House,j
Washington,Pennsylvania,has been fix-t
ed as the time and place for confirma-
tion of said sale,at which time the I'
I
court will entertain higher bids.If there
are no higher bids,the Court will be re-
-quested to confirm said sale absolutely.RECEIPT FOR ADVERTISING COSTSBeverlyJones•
619 Speers Avenue d '1 . .Charleroi,Pennsylvania 15022 al y newspaper c:-f general CirculatIon,hereby acknowledges receipt of
the 11~~~,,"e~~(/~~tltiOner ~Iication costs and certifies that the some have been duty paid.
321 Fallowfield Avenue ICharleroi,Pennsylvania,15022
____'__7:.:;.30::.:.;;8;.;.;:6;.;;.,13 THE VALlEY INDEPENDENT
,
By.:.-_
j
J\i'....-..-
6)49-3
IN THE COURT OF COMMON PLEAS I·OF WASHINGTON COUNTY.PENN-SYLVANIA ORPHANS'.DIVISION
IN RE:Estate of Richard H.BaIza,anincompetent ~
No.348 of 1970 I
NOTICE ·g~,J.R~~I~ESALE OF !
.-,To:.ALL cItEDiTORS.HEIRS.DE-!VISEES,OTHER INTERESTED!
PARTIES:I
Take Notice that the undersigned,Beverly Jones,Guardian of the Estate.of Richard·H.Baiza,an incompetent,proposes to seLl the interest of saidincompetentin·realty hereinafter de-.scribed to Dorothy T.Jackson for atotalof$2.900.00.The property proposedtobesoldisasfollows:
•_._4,
ALL that certain lot or parcel ofgroundsituateintheBoroughofChar-leroi,W.ashington County.State ofPennsylvania,more particularly de-scribed as follows:BEING Lot No.thirty-one (31)in.the Plan of McGowan,Allen and Colvin Addition to the townofCharleroi,between Garr Street and
Eleventh Street fronting on the EastSide·of Meadow Avenue,forty (40)feet
and running back maintaining a uni-form w.idth of forty (40)feet a distanceof.On.e Hundred twenty (120)feet toanaHey.
BEING all of Lot No.thirty-one (31)which was conveyed with Lot No.thirty-two (32)to LEON BALZA and·ADELAIDE BALZA,by deed of ADE-LIN BOURBOUSE,et ux.,dated Dec.30th.,1913,.and recorded in the Re-
corder~s Office in Washington County,in Deed Book Volume 412,page 292.
-'i'htirsday.-SePtembez:l0:1970;at 1:30
o'clock P.M.in the Orphans'CourtRoom,Washington County Court House.Washington,Pennsylvan.!a,has beenfixedasthetimeandplaceforconfir-mation of said sale.at which time theCourtwillentertainhigher'bids.If:,there are no higher bids,ilie Court willberequestedtoconfirmsaidsaleab-solutely..
Beverly Jones619SpeersAvenueCharleroi,Pa.15022
Herman J.Bigi
Attorney for Petitioner321Fal.lowfield AvenueCharleroi,Pa.15022
...
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.1iJ~Wj{'JdxN~~~
WashingtOD,Pennsylvania
PROOF OF PUBLICATION
(PUBL.ISHED BY WASHINGTON COUNTY BAR ASSOCIATION)
,.~L ?
Washington County Reports
that the afEant or the corporation in behalf of which he is acting is not interested
in the subject matter of said notice or advertising and that all of the alleg.ations of
'hi"ffi&n'"",~tim,.!,re "d~h'::_::~::l(l~
v v ('Ed.·.•(~,.~-___v ..--.\.Itor,·.:.
Sworn to and subscribed bpfore me this ~<'.;:.;..~~"
h A ~1-'70--'~";i'.,.""'"..2.Q~:d:y of...,.:~9M~,196...l...•,'/'-..f ;~'S
......~f..a ~.~:..-\-~'-----------~
Notary Public ."-
Personally appeared before me,a Notary Public in and for said County and
Commonwealth,CHARLES C.KELLER,who,being duly sworn,depoles and
says:that he is the Editor of the WASHINGTON COUNTY REPORTS,the
official legal periodical for said Washington County,publiShed weekly ha'/ing its
place of business at Washington,Washington County,Pennsylvania,.and is act-
ing as its agent in this behalf;that the said WASHINGTON CO'UNTY
REPORTS was established on IVIarch 31,1920,and was designated <.S the official
legal publication for Washington County,Pennsylvania,by order 0,:the several
courts oi said County,dated November 11,1920;that the printed no:ice o,~adver-_
tiscment attached hereto is a copy of 0.notice or advertisement,exacl1y as printed
or published,which appeared in the said legal periodical in its regular issue:,on the
following dates:
In compliance with the Newspaper Advertising Act of May 16,.1925,P.L.
1784 Sec.3,paragraphs (3)and (25).
COUNTY OF WABHINGTON )
STATE OF PENNSYLVANIA (SS.
KATH~RI~E C.NICHOLAS,Notary PUblic
\\ashlngton,Washington Co PM~LYCommissionExpires
November 1,1973
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IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'DIVISION
IN RE:Estate of Richard H.
BaIza
AFFIDAVIT
Herman J.Bigi
321 Fallowfield Avenue
Charleroi,Penna.15022
-
'I':;
AFFIDAVIT
r:.
oN
OMMONWEALTH OF PENNSYLVANIA
OUNTY OF WASHINGTON
5S:
Personally appeared before me,a Notary Public in and
for,said,County and State,RALPH W.JONES,who,~eing duly sworn
according to law,deposes and says that he poste:!the property
located in the McGowan Plan.Allen and Colvin Additi.on to the
Borough of Chs'rleroi being Lot No.31 in said Plan with six
handbills,one being posted on the premises,and five in and
about the immediate area.A copy of said handbill'is attached
hereto and made a part hereof.
IN WITNESS WHEREOF,your deponent has hereunto set his
hand and affixed his seal tihiso<411J day of4t!'t/Jf,1970.'
(SEAL)
SWORN TO AND SUBSCRIBED
#tbeforemethisd..1 day of'
,1970.
~~---
ILA HAMILTON.NOTARY PUBLIC
CHARLEROI BORD,WASHINGTON C')UNT'I
MY COMMissioN EXPIRES APRil ~;.1972
Member.Pennsylv~ni ~Associationcf i10taries
, I
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'DIVISION
IN RE:Estate of Richard H.BaIza,an incompetent
No.348 of 1970
NOTICE OF PRIVATE SALE OF REAL ESTATE
To:ALL CREDITORS,HEIRS,DEVISEES,OTHER INTERESTED PARTIES:
Take Notice that the undersigned,Beverly Jones,
Guardian of the Estate of Richard H.Balza,an inco~petent,
proposes to sell the interest of the said incompetent in realty
hereinafter described to Dorothy T.Jackson for a total of
$2,900.00.The property proposed to be sold is as follows:
ALL that certain lot or parcel of ground situate in
the Borough of Charleroi,Washington County,State of Pennsyl-
vania,more particularly described as follows:BEING Lot
No.thirty-one (31)in the Plan of McGowan,Allen acd Colvin
Addition to the town of Charleroi,between Garr Street and
Eleventh Street fronting on the East Side of Meadow Avenue,
forty (40)feet and running ~ack maintaining a uniform width
of forty (40)feet a distance of One Hundred twenty (120)feet
to an alley.
BEING all of Lot No.thirty-one (31)which was
conveyed with Lot No.thirty-two (32)to LEON BALZA and ADELAIDE
BALZA,by deed of ADELIN BOURBOUSE,et ux.,dated Dec.30th.,
1913,and recorded in the Recorder's Office in Washington County,
in Deed Book Volume 412,page 292.
Thursday,September 10,1970,at 1:30 o'clock P.M.
in the Orphans'Court Room,Washington County Court House,
Washington,Pennsylvania,has been fixed as the time and place
for confirmation of said sale,at which time the Court will
entertain higher bids.If there are no higher bids,the Court
will be requested to confinn said sale absolutely.
Beverly Jones
619 Speers Avenue
Charleroi,Pennsylvania 15022
Herman J.Bigl
Attorney for ?et~tioner
321 Fallowfield Avenue
Charleroi,Pe~nsylvania 15022