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Home My WebLink AboutOC1970-0505 - ESTATE OF ALLEN~ . ' 0 ~ > z -0 0 N ~ z I llJ 0 ~ )> i ~ ·(11 Gl -x o r . -ll "lJ lii z Ill JT1 .,. ~ • z ,.,. z rll " ~ ill )> c ro-len ~ z ?: ~ ~ ~ > Ill :0 z --c en :!l m en -.1 .. r:· • L- IN THE ORPHANS• COURT OF WASHING TON COUNTY, PENNSYLVANIA NO. ~o6"'of 1970 IN RE: ESTATE OF MONT T. ALLEN, an alleged incompetent PETITION FOR THE APPOINTMENT OF A GU_e.RDIAN FOR.._"'A~ALLEGED INCOM8ET~:J, '-- 'li:::::.JI. '\:) ~ 0~ r; ~ ~ c:)"~~~ - ··c:c~ l,,.:' f·l ~ ~~' ( ~ C' ~ ·,-~ ("") -("'_) -~ ; ;.:... .. • -ar-c;, > (/) . . l.__J -J .... CJ~s·~· MICHAEL E. KUSTURISS ~~f ATTORNEY AT LAW 12 NORTH JEFFERSON AVENUE ~-~N,SBURG.If-NNSYLVA.N NIA 15 . ~~j). I :A;3-0 o I L.- IN THE ORPHANs· COURT OF WASHINGTON COUNTY, PENNSYLVANIA IN RE: ESTATE OF MONT T. ALLEN, an alleged incompetent ) ( ) ( NO. of 1970 PETITION FOR THE APPOINTMENT OF A GUARDIAN FOR AN ALLEGED INCOMPETENT TO THE HONORABLE, THE JUDGE OF SAID COURT: The petition of GAYLORD ALLEN respectfully represents: 1. That the petitioner is a brother of Mont T. Allen, and resides at R.D.#1, Avella, Washington County, Pennsylvania. 2. That the ;said Mont T. Allen because of mental and physical infirmities or senility, is unable to manage his property, and/or is liable to dissipate it, or become the victim of designing persons. 3. That the estate of the said Mont T. Allen is as follows: Veteran's check in the amount of $100.00 per month. Old age insurance benefits ( Title 2 of the Social Security Act) in the amount of $ per month . Social Security No. 202-12-7250 4. That the following is a list of the next of kin of the alleged incompetent: Gaylord Allen, Brother, R.D.#I, Avella, Pa. Jenny. Allen Sister, R.D.#I, Avella, Pa. 5. That Mont T. Allen has no guardian of his estate. 6. That Mont T. Allen, the alleged incompetent, will not be present i Court at the time fixed for Hearing, and the deposition of Doctor W. A. Prideaux, Claysville, Washington County, Pennsylvania, will be presented as evidence of the mental condition of Mont T. Allen, in lieu of Mont T. Allen 1s personal appearance in Court. WHEREFORE, your petitioner prays that this Court adjudicate Mont T. Allen to be an incompetent and to appoint a guardian of his estate. COMMONWEALTH OF PENNSYLVANIA ~ COUNTY OF Washington ) Before me, the undersigned authority, personally appeared GAYLORD ALLEN who. being duly sworn according to law, deposesand says that the facts set forth in the foregoing __ ....;..Pe.t..;.it;...i.;.o.-n __ are true and correct to the best of --------~h~is~---personal knowledge information and belief, -~ Sworn to and subscribed · before m e EVELYN C. TELES"O . Canonsburg W r. :' ' Not~ry P-.b/ic ' asmng·lon C My Commission Ex . , 0 '' Pa, 15311 piros ,vfllrch I 0, I 973 IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA IN RE: ESTATE OF MONT T. ALLEN, an alleged incompetent ) ( ) ( NO. CONSENT of 1970 AND NOW, this .l!f__day of~' 1970, I, the undersigned brother of MONT T. ALLEN, do hereby consent to my appointment as Guardian for MONT' .. T. ALLEN, an alleged incompetent. 3Jn wqr Q!nud nf Q!nmmnn Jl.Nui nf lia.aqhtgtnn Qhumty. Jrun.ayluttnitt IN RE: ESTATE OF ( ®rp4attn' Qtnurt 1llitttninu ( :HONT T. ALLEN, ) An Alleged Incompetent. Olitattnu Qtnmmnuttt.rttlt4 nf Jrnunyluattitt Q!nuuty nf m tt.af1iugtntt To: MONT T,. ALLEN, ~ nn: Sur Petition of: __ G_A_YL_O_R_D_A_L_L_EN _____ _ ) NO. $05 of 1970 ( ift O!nuttttttlt~ \tnU, ____ tr_IO_NT __ T_. _A_LL_H;_.-:N_.<-, _____ _ that, laying aside all business and excuses whatsoever, you do file m the office of the Clerk of our Orphans' Court of Washington CoUlity, a full and com- plete answer, under oath, to each and every of the averments of the said petition, on or before Monday , the 22nd day of __ J"'--un=.e"'------ E.D.S.T. , 191Q__, at 10:00 o'clock~. M.( and show cause why he should not be dec1ared 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 ) 4ttday of May , 19-+_:J->.L.O_ ~?a~ Clerk of the Orphans' Court - Michael E. Kusturiss, Esq. · Attorney for Petitioner. 12 No • Jeffers on Atr e • , Canonsburg, Penna., 15317 (Seal) ' ' ~ I • ':· COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON ... ) ( SS: ) . A Prideaux, Jr.M. D. being duly affirmed according to law, deposes and says \ i . 1 i I I I ' 1. That he is a practicing physician in the Borough of Claysville, I \·Mashington County, Pennsylvania. \ 2. That Mento T. Allen is a resident of Washington County, Pennsylvania. 3. Thp,t Monte T. Allen is weak-minded and so and physicially h' mentally/defective that she is unable to take care of ~~~ property, and in consequence thereof is liable to dissipate or lose the same and become the victim of designing persons. 4. That the general condition of the said Monh. T. Allen his his is such that k~ welfare would not be promoted by n~~ presence in the Orphans1Court of Washington County, Pennsylvania. Further deponent saith not. Sworn to and subscribed before me ~ELYN C. T':l ~, ·a. : •..,~.ry !l•.~h!ic: Canon:.hur9, .. ;·,.," "'· 15311 My Comm' ,,, , J, 1973 I I IN THE ORPHANS 1 COURT OF WASHINGTON COUNTY, PENNSYLVANIA IN RE: ESTATE OF MONT T. ALLEN, an alleged incompetent ) ( ) ( NO.J~of 1970 INTERLOCTORY ORDER AND NOW, , 1970 upon consideration of the aver ments of the foregoing Petition, the Court fixes~' the "Z-2-day of ~::::::::=::-::r 1970, at fo',.e--r5' o'clock£. M. E. D. S. T., the Orphans 1 Court Room, urt House, I Washington, Pennsylvania, as the time and place for hearing on said petition, and petitioner is hereby directed to serve a copy of the Citation as awarded, the Petition and ~Cz-o) a written notice of the time and place of hearing, at le~ ~i days prior to the date of the hearing, upon alleged incompetent, to show cause why he should not be declared an incompetent, and upon all of his named intestate heirs who are sui juris and who reside outside the Commonwealth, and also upon all known creditors. All residents of county to be personally served. Service on non-residents to be registered mai I posted so as to reach addressee under normal conditions at least 10 days prior to the time fixed for hearing. OFFICE PHONE 745-4690 --~-- MICHAEL E. KUSTURISS ATTORNEY AT LAW 12 NORTH JEFFERSON AVE. CANONSBURG, PA. 15317 The Honorable P. V. Marino Court House Washington, Pa. 15301 Dear Judge Marino: In re: Estate of Mont T. Allen No. 505 of 1970 RES. PHONt 745-35315 July 22, 1970 Enclosed herein please find letter received from the Veterans Administration which is self-explanatory with reference to the above captioned estate. Mek/ect Encl. M. E. ~usturiss -lT J -~-. ~-~-----·-------------------------------------------------- . ' I . j VrrrEAANS ADMINISTAATION Regional Office 1000 Liberty Avenue Pittsburgh, Pennsylvania 15222 iltcbool n. rtootod.OOo OCQ. 12 ~ Joflfo1rooo A'VOC:.:::J Ct:ne:lob~0 I?A 1~SlP.7 ~lv 21o 1910 VOUrl vn.a ~~ IN r::EA.Y ~TOt £11/27! &!3Do t"..::Jt ~. '· 0o ~ n'C30tvc1 ¥c:l~ lm~ ~ .iolv 90 1010 C3loofioQ o ~ Ci1. vctttk:l futr eb · po~il~a ~o~ tb cwo!Det:::::le o{Z o ~ ~ tb votoroo. Oo ~a~ ~~eo ofl a bsa.t:3 oc1 t:rvo ~ c:)~t:tc:::l \ to cc:b QVO~tl~t ~ coco tb V!Ml ~ llo olQ1::C(l 0 ot.ll yeo plcxo fo~ e1 o eoo• ttfi~ ~ tbouco2 ce o o~~ cort!gieoto. Gioeoroly yc::li"Oo ~tvu(JJf OilY Il. ZA&.,_. . .....:IUI...::../oi.J Llttorccy .... Include Zip Code in your aeturn address and give veteran's social security 11umb2r. Show fllllt'tJn' s full """" tJnJ VA fill r:am/J,. on Ill/ c.msptmdmc1. If VA r.:m:Mr is 1.1dcmrJ, s/JifJf KIOUf ~. ::_&LU_WWMM: iAWWWIWLWAII IW - ' '1 . ' ) .· .. ! -· . ' ' l \ I . ) J "l 'f I l. ,, 1 ' ' ' l I •• In the Court of Common Pleas of Washington County1 Pennsyl van :it Orphans' Court Division No. 505 of 1970 INRE: ESTATE OF MONT T. ALLEN. an alleged incompetent. DE C,R E E (Marino . J. ) /' r ~ ' - " ' ~ ,... """' . ' ...... " ., ~ ~ .... "" ' '• \,J ORPHAN'S COURT WASHINGTON, PA. n.. , _) ~· - - -~ r, . 1V , '/1 .... ,,_. . -J \ / " ~ ~ ) t • t ' f •'t 7 . =t"/;;~'7/ <':>~( [ 1 s -~ , ~) ... , -. x " ;.,·J,-·c/ ·/\ . ---~.~~----~-~- IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA. ORPHANS 1 COURT DIVISION IN RE: ESTATE OF MONT T. ALLEN, an alleged incompetent. ) ) ) ) ) ) ) D E C R E E No. 505 of 1970 AND NOW, September ;L :;-, 1970, upon consideration of the annexed petition and after a hearing held following due notice, it is ORDERED AND DECREED that MONT T. ALLEN is adjudged an incompetent. Gaylord Allen is appointed Guardian of the Estate of MONT T. ALLEN, an incompetent. The said Guardian is directed to file an inventory in accordance with the provisions of Section 402 of the Incompetents 1 Estates Act of i955, as amended. The said Guardian shall file bond with sufficient surety in the sum of One Thousand Dollars ($1, 000.00). IN THE ORPHANS" :COURT OF WASHINGTON COUNTY, PENNSYLVANIA IN RE: ESTATE OF MONT T. ALLEN, , an a II eged incompetent ) ( ) ( NO. AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ( SS: COUNTY OF WASHINGTON ) 505 of 1970 Personally appeared before me, the undersigned authority, j -----1 Patsy Pitzarella who, being duly sworn according to law, deposes and s&~ys that he -~----------- is a Deputy Constable in and for Borough of Canonsburg ----~--~----------------------------~---------~-- Washington County, Pennsylvania; that he did serve a copy of the Petition for the Appoint- ment of a Guardian for an Alleged Incompetent, a copy of the Citation as awarded along wi h a written notice of the time and place of hearing, on Mont T. Allen, an alleged incompete , on May 22 , 1970 at 7:00 o 1clock, ..E__.M., E.D.S.T., by handing to hi the said attested copy of the Citation and Petition and making known to him the contents thereof; the ;said Mont T. Allen, an alleged incompetent, being made known to him by Mont T. Allen and others. Sworn to and subscribed before me C r r ) ,• ·''"ry ;· •b!ic f .. _, ' W t .. n Cu. Pa, 15317 t . ourg, ''"''" • ~ ' My Commission E~pir.·s M.:rch 10, 1913. ---....! i ! ~ -, c;::, ... ~ ...... -·· ::n ::;:;,. l'il C/:l r· (f;, {,'J r"!""l I :::r: {f_, "'"t-,. (f') c.r·. '*'71 z --~ -~ .... -..1 ~ J ~ ''· ~.· rr . _.-.., ~· ;t; ,. .. _ ....._ ... .J ::'"..:) _ ..... ·-o .... :z:: ----· "'"1'1 •• ~~ :.::t (::') . ) ... -~ -· ·C> """' ~·~ r-...,.. rv ~-IJ r-C.'> ~v l> 0 . co .,. " . '. " fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE 3 Bond of Personml DRepresentmltives KNOW ALL MEN BY THESE PRESENTS: That we ________ Q~_yJ__QX:9: ... A~J.?.n_, ___ _RD# ___ J,__,_ ___ A:v:~l_l_a_, ____ Wa_shingt_on ... C.o.unty:., ... Eennsyl:v.:ania ------------------------~-n..d _____________________________________________________________________________________________________________________________________________________________ _ ________________________ f_~_g_~Jj._t;y_ __ ~ ___ R_~_p_Q_9.tt ____ Q_Qmp~_n.y_ ___ of ___ Mar_yl_~_ml ___________________________________________________________ _ are held and firmly bound unto the Commonwealth of Pennsylvania in the sum oLPN~ ____ ':I;'_HQJ]_g_A_N;Q ___ A_ND _N_Q/JQQ::-.::-.-:::::::::-:::-.-::.::::::::-:::-:::.::::::-.::-.::-.~::::::-.::-.~.~::::::-.~.~::::::::-.':":'.':":':":"::::::::-:~:~.:-::::::::f:$.1, OQQ..__QQ_) Dollars, to be paid to the said Commonwealth, to which payment, well and truly to be made, we do bind ourselves, jointly and severally, for and in the whole, our heirs, executors and administrators, successors or assigns and each and every of them, firmly by these presents. Sealed with our seals and dated the .......... l3t.h_. _______________________________ day oL ..... No.v.emb.e.r. ____________________________ , A.D. one thousand nine hundred and .. .:?.~Y-~nty ______________________________ _ THE CONDITION OF THIS OBLIGATION IS, That if the said ......... .GAX;J;.._Q_R;Q ___ A_;I;.._L_~N_, ____ Q:_V.ARR_l.AN ___ QE .. MONT ... T . .~._ ___ ALLE.N ....................................... . shall well and truly administer the estate according to law, this obligation shall be void; but otherwise, it shall remain in force. WITNESSES: T+·~ ............................. (SEAL) ------------------------------------------------------------------------------------(SEAL) ------------------------------------------------------------------------------------(SEAL) FIDELITY AND DEPOSIT COMPANY OF MARYLAND PA3569a-2SO. 2-61 157206 J Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WM. H. C. GRIFFITH , Vice-President, and M. A. KELLY , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which reads as follows: "The President, or any one of the Executive Vice-Presidents, or any one of the additional Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Resident Assistant Secretaries, and Attorneys- in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Company may require, and to affix the seal of the Company thereto." doesherebynominate,constituteandappoint Anthony L. Colaizzo of Canonsburg, Pennsylvania.L.&o its true and lawful agent and Attorney -in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: I. Bonds and undertakings for faithful performance of duty to be filed in any Court of any State of the United States, or in any United States Court, each in a penalty not to exceed the sum of ONE HuNDRED THOUSAND DoLLARS ($100,000) as follows: For ad- ministrators and executors; committees for incompetent persons; conservators; commissioners; guardians; referees and trustees for the sale of property; receivers and trustees in bankruptcy proceedings; receivers in equity; trustees under will; persons and corpora- tions exercising powers of sale in deeds, mortgages, and other written instruments covering property located in any state of the United States, EXCEPT ASSIGNMENTS FOR BENEFIT OF CREDITORS. II. Bonds and undertakings to be filed in any Court as aforesaid, each in a penalty not to exceed the sum of SEVENTY-FIVE HuNDRED DoLLARS ($7,500) as follows: For the payment of costs; for petitioning creditors; for plaintiffs in attachment, garnishment, sequestration and replevin suits; for removal of suits from State to Federal Courts. III. Bonds each in a penalty not to exceed the sum of TEN THOUSAND DoLLARS ($10,000) required of State, County, Township or Municipal Officials, of any State of the United States, whether elected or appointed, except those for Treasurers, Deputy Treas- urers, Tax Collectors, Deputy Tax Collectors, Sheriffs, Deputy Sheriffs, Police Constables and Justices of Peace. IV. Bonds for Notaries Public required by the Laws of any State of the United States, each in a penalty not to exceed the sum of FIVE THOUSAND DOLLARS ($5,000). V. License bonds, each in a penalty not to exceed the sum of FIVE THOUSAND DoLLARS ($5,000) required by the Statute of any State of the United States or by Ordinance of any Municipality in any State .•••••• • •••••••••••••••••••••••••• And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Maryland, in their own proper persons. This power of attorney revokes that issued on behalf of Anthony L. Colaizzo, dated July 11, 1958. The said Assistant Secretary does hereby certify that the aforegoing is a t~ue copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT CoMPANY OF MARYLAND, this ......... ~-~-~-~ ........ day of... .... P.~~-~-~,.1~-~!: .. , A.D. 19 ... §.5. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND (SIGNED ) ............................... Jl.. ... A ..... ~t.t.Y .............................. . BY-----····-·····················1-lM,.RrC ....... GRIEEITIL .................... . (SEAL) Assistant Secretary STATE OF MARYLAND CITY OF BALTIMORE } ss: Vice-President On this 22nd day of December , A.D. 19 65 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT CoMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. (SIGNED) (SEAL) ·-···-······-······-····-······¥.~N~ ... §!. ... ~.P.BJJ!R .................................... . Notary Public Commission Expires ..... J.uly ... l.,. ... 19.6.Z ..... . CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT CoMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certifi,cate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate is signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 19th day of October, 1966. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." · IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this .............. J:Jt!.h ................................ day of... ..... N.Q.Y..~-~J?.-~T ......................... , 19 ... 7.9.. ,-~ · - L1427 Ctf. ____________ y-~.~~-{/ v ,. ... \' ' l <> , i ·;'" • NO. 505 of 1970 IN RE. ·ESTATE OF MONT T. ALLEN, B 0 N D • .AND NOvl, (~~ER ~' l9:70. within Bonf' a)prov-e:d and ordere• "> Vj c::::, r--filed --' en r;,;·-" ·: • 0. rr-i '7; -• -r ::;;;._. r. r,J r--J ~ c:Russell"'Ma~ino, 0 --., ::-:Clertr 0 a-.J <:::> ~-;._ £"'CC ··~ .: ~ ~J :::::: r-·--. .-o r-;;·: ,....__, ~.en c)· -.-:- CJ-r lc~ (,-3c:1 ·#/ d ). ~ \. . .., .r. •·' ~ <.... : lt .... _· -J ·: z 2 J . ' . ,,\ ~'Oc~ ~: -.-· /' • ' • .;( J.:' ) •••• / ~ ... ·~·· --() . . _; ,. .... I ) '.._ " < :; . •t ... > .· L "'·-:' :'> \. , , .' ,· , r u ... j ~ .. l \ r 1 \ ~ IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA. ORPHANS' COURT DIVISION NO. 505 of 1970 IN RE: ESTATE OF MONT T. ALLEN, an alleged incompetent 0 ~R D E R :--~ ; v.~ lf'· ~ \1 .... ' I t> ~~ -,.., --. '·' . -. ~~ ~--~~1 (i MICHAEL E. KUSTURISS ATTORNEY AT LAW 12 NORTH JErrERSON AVENUE CANONSBURG, PENNSYLVANIA 15317 /-?--~-~~I I' ..... MICHAEL E. KUSTURISS ATTORNEY AT LAW ' 12 NORTH JEFFERSON AVENUE CANONSBURG, P~NNSYLVANIA 1!5317 --Q.,.----. ___ _ J IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA IN RE: Estate of MONT T. ALLEN, an alleged incompetent ORPHANS' COURT DIVISION ) ) ) ) NO. 505 of 1970 0 R DE R appearing to the Court, that: WHEREAS, Gaylord Allen, was duly appointed Guardian of the Estate of Mont T. Allen, an alleged incompetent~ and WHEREAS, by Letter dated October 15, 1971, attached beret and marked "Exhibit "A", the said Gaylord Allen has requested this Court that he be removed as Guardian of the Estate of Mont T. Allen an alleged incompetent, AND IT FURTHER APPEARING to the Court that by. A.ffidavit, attached hereto and marked Exhibit "B", Gaylord Alle has made a full and complete accounting of all monies coming into his possession~ IT IS ORDERED AND DECREED that the said Gaylord Allen is hereby removed as Guardian of the Estate of Mont T. Allen, an alleg d THE/COURT: !?(46 =-== ~ J. c~-- IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: Estate of MONT T. ALLEN, an alleged incompetent ) ( ) ) NO. 505 of 1970 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF WASHINGTON ) Before me, the undersigned authority, personally appeared GAYLORD ALLEN, who being duly sworn according to law, deposes and says that the Court on September 25, 1970, appointed him Guardian of the Estate of Mont T. Allen, an incompetent, and, , at the time that he was so appointed, he··received the following funds: Proceeds from Ida Allen Estate •••••••••••••••••••••••••••• Mellon National Bank Savings Account ••••••••••••••••••••• Veteran's checks and Social Security checks ••••••••••••••••• Total income ••••••••••••••••••••••••• Less expenses for care and maintenance ••••••••••••••••••••• Balance in Pittsburgh National Bank •••••• $ 47 4.38 72~.,79 3,605.60 $4,503.77 2,665.99 $2,137.78 and, that, at the present time, there is remaining in the aforesaid Estate the following funds: Balance in checking account with Pittsburgh National Bank, Washington, Pennsylvania, as of October 15, 1971 ••••••••••••• $ 2,137.78 and that the facts set forth in the foregoing are true and correct to the best of his personal knowledge, information and belief. E:XHIBIT' 11A11 ~ ~--j ~ . -' •~· . --- ) ----' -- '\. I ~· ,. '$': ' r .;-' il J ~ """ i ' I i J R.D.#l I Avella, Pennsylvania October 15, 1971 I i Honorable Po V. Marino Orphans' Court Division Court House I Washington, Pennsylania, 15301 In re: Estate of Mont T. Allen, an alleged incompetent Noo 505 of 1970 !I Dear Judge Marino: It is respectfully requested that I be removed as Guardian of the Estate of Mont T. Allen, an alleged incompetent, at your earliest convenience. I I Thank you for your courtesy and co-operation in this request. I I -Sincerely, i I ~~ i i -· Gaylord Allen, i Guardian of the Estate of Mont T. Allen, an ' .. alleged incompetent 'I . i ll I ~I ' ... ~ ' .- 7 ,:~ "':1... ' I I ! i I I EXHrBlT 11 B11 Judicial 857 (Pennsylvania·-GuardiaB) (6-66) t .. :L·· '" · • , . ~ , IN THE Orphan 1 COURT OF Washington COUNTY, STATE OF PENNSYLVANIA NO. 505 of 19?0 In the Matter of the Estate of BOND OF GUARDIAN Mont T. Allen an Incompetent KNOW ALL MEN BY THESE PRESENTS: That w~, IPnB.d Sentner as Principal , and UNITED STATES cFIDELITY AND GUARANTY COMPANY, a corporation under the laws of the State of Maryland, of Baltimore, ,¥aryland, having an office and usual place of business at Pittsburgh ·· ; State of Pennsylvania, as Surety, are held and firmly bound unto the Commonwealth of Pennsylvania, its certain attorneys or assigns, in the sum of One Thousand Dollars($1000.00 ), lawful money of the United States of America, for which payment, well and truly to be made, we bind ourselves, our and each of our heirs, executors, administrators; successors and assigns, jointly and severally, fi~ly by these presents. SEALED with our seals and dated this 15th. day of WHEREAS the above bounden Fred .Sentner decree of the Orphans 1 Court of Washington has been appointed Guardian of the Estate of Mont T. Allen an Incompetent November ; 19 71, has by order and County, Pennsylvania, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Fred .Sentner Guardian of Mont T. Allen a n Inc ompe tent , shall at the termination of h is guardianship and at any other time when required by Court, render a just and true account of the management of the property andestateofsaid Mont T. Allen under h i scare and shall also deliver up the said property agreeably to the order and decree of the said Court or the direction of law; and shall well and truly administer, according to law, the estate of said , then the above obligation shall be void, otherwise it shall be and remain in full force and virtue. Sealed and delivered in the pr~enee of: & J (v~--&·---~---~---··--····· J -~ L. ~ J No. 505 of' 1970 .nJ!m,XM)x Court County State of Pennsylvania In the Matter of the Estate of Mont T. Allen a n Inc ompe tent BOND OFGUARDIAN Surety: UNITED STATES FIDELITY AND GUARANTY COMPANY Home Office-Baltimore 3, Maryland And now to wit, f{J ~ / ~. 19 7/, the within banc!:,presentea-in open Court, approved, an4:;9I'@t:~d to b~ed .. ~-:.: Filed ::c -{/} c::::> -(n (I) -. . ...;~-:~ ~?' .~p:--(5-;i . _£) t/-.,· ~ •.r-~n ~ --------~?. ___ ~----. ----(}--;-----------~~---'-----·····--··-· z --· (;[ . . . ' ...... _ .. ~- C:l ...;r-: ~--. &>"' ...,._;;., ~ aA .f~ ---~0 ;: ::~~ ,-.:, -~---.:..o /' u I::.::: . :3:,.. en <,..; -. -~ v...;• ·-· , 19 I ..:{ :3 -.._3 o\..3 Attorney •• •. .. .. ~ .. .. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PA. ORPHANS' COURT DIVISION NO. 505 of 1970 IN RE: Estate of MONT T. ALLEN, an alleged incompetent ·-. ... _ .......... --_, :.-in~ c-·· PETITIOJ!.y;:OOR ~UA.Rl)]tAN' S FEE __.. ... ---... ..-. Atm REIMBUJl~~iE~TT OF EXPENSES .._ t I ~ .::;,; ~- ~ ~ - -~ . ";;_.) --+ ·~ ,_, J > Cl FRED J. SENTNER ATTORNEY AT LAW • ·:i-950 SO. CENTRAL AVE. -JcANONSBURG,PENNSYLVANIA ,..._) .A 15317 ., • 'r:,' I .... FRED J. SENTNER ATTORNEY AT LAW 950 SO. CENTRAL AVE. CANONSBURG, :i'ENNS~LVANIA 15317 : j ·. ' •:J .. I lrN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA I I ORPHANS,. COURT DIVISION IN RE: : 1 1 Estate of MONT T .. ALLEN, !an alleged incompetent I . : . . . . NO. 505 of 1970 I . V PETITION FOR GUARDIAN'S FEE AND REIMBURSEMENT OF EXPENSES ll . (!TO. 'Tl;IE HONORABLE, THl!: JUDGES OF THE SAID COURT: lj The petition of Fred J. Sentner, Esquire respectfully. ~ rep~esents: '! 1. i i That he was appointed Guardian of the estate of .Mont T. Allen, an alleged incompetent, by order of this Court I! on ·November 3, 1971 • . If j 1 2. That since said date, your petitioner has satis- :1 factorily executed and performed his duties and responsibilitie~ ll . las Guardian, to-wit: ~ 'I a. Initial work as·pe~ appointment as Guardian, i.e. preparing, executing, and filing of n~cessary papers; obtaining of ·Bond; transferring bank account; transferring Guardianship a~ per the Social Secu~ity Administration and Veteran's Administration; notifying nursing home, doctor, druggist, etc~ of petitioner's appointment. Petitioner was paid $100.00 on November 21, 1971 . for said work. b. Maintaining bank account, paying mo~thly bills renewal of yearly Bond, investing excess income in savings certificates, correspondence with the nursing home, Veteran's Administration, Social ·security Administration, Medicare, etc. .·-.. 1 -· ··~ 3. At the time of Petitioner's appointment, the lestate was comprised of a checking account balance in the I j amount of $2,427.08 and a monthly income -Of $289.30. Presently I lthe estate is comprised of a checking account balance of I 1 1$1,119.55, Certificates of Savings in the amount of $3,500.00 If and a monthly income of $330.44. I 4.· Your Petitioner spends approximately .ten (10) hour ]per year performing said duties and responsibilities and asks II h. : h . h t f C25 0 f . ~1 • t J.S Court to aut or1ze t e paymen o v 0 •. 0 or· serv1ces I . I' rl ' 11 rendered to date. ,1 . . d 'd .:· 5. In add1t1on to services rend~re as aforesa_1., I II fl your Petitioner has expended approximately $50.00 of' his own I; I, funds on telephone calls, stationery, stamps, and miscellaneous I . I ll since his appointment and asks this Court to authorize reim- l bui·sement· for same. t ' l WHEREFORE, your Petitioner prays this Court to autho- 1lrize and ·order said Guardian to pay Petitioner the amount of- ! $300.00 as above. 1 I I I J .._ i.· ..• IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION [' ! IN RE:" . • : NO. 505 of 1970 Estate of MONT T. ALLEN, : I i! .[j II an alleged incompetent • • 0 R DE R 'I I f1 / 'i( J u tu E ~ AND NOW this 0.--day of --------,....-' 1974 on motion 1! of Fred J. Sentner, Esquire, Guardian of the estate of Mont T. 'I ,. ijAllen, an alleged incompetent, and in consideration of the l. ri t:within Petition, it is hereby ordered and decreed that said ji .. -~ j: Guardian if;! authorized and ordered to pay the scim of $250.00 J( for services rendered and the sum of $50.00 for reimbursement 11 of expenses to Petitioner herein. i ~ BY THE COURT: 4; ~ . I])! THE CCURT OF COi J·lO~~ PLEJ'. S OF ~·~ASHI:PGT0~7 COUNTY# Pn. ORPHANS' COURT DIVISION NO. 505 of 1970 IN RE: Es·tate of .i'i.O.IS:-T T. ALLEN, an alleged incompetent FOR GUA.RDIAN' S FEE I' 'C:.:> " ·.:v...._ ~ .--. ~ 171!' .. ...J "' "" -l . ~ ' ~ . ~ '-;---~ ·--~~ ~ ('~ ~~0~~ ~~ ~ . .;\ \'~ •o:,._ ~ L ~~. ~ ~r:j FRED J. SENTNER '\'\ ~~-ATTORNEY AT LAW 950 SO. CENTRAL AVE. CANONSBURG, PENNSYLVANIA 15317 --.~~-------~---~~~~~----~-----· ~~~ . · .. FRED J. SENTNER ATTORNEY AT LAW 950 SO. CENTRAL AVE. CANONSBURG, PEN"N'!O;YT.VANIA 15317 .. J ! I ! ' ' IN THE COURT OF CO~~ON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ) Estate of MONT T~ ALLEN, ) an alleged incompetent ) NO. 505 of 1970 PETITION FOR GUARDIAN'S FEE TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The petition of Fred J. Sentner, Esquire respectfully represents: 1. That on June 7, 1974, pursuant to Petition and Order, your petitioner was compensated for services rendered to June 6, 1974$ A copy of said Petition and Order are attached hereto and marked Exhibits '11 A" and "B 11 • 2. That since said date petitioner has devoted approx- imately six {6) hours of his time to his duties as guardian~ 3. That as of December 19, 1974, the estate is com- prised of a checking account balance of $974.97, Certificates of Savings in the amount of $4,000.00 and a monthly income of $334 .. 64. WHEREFORE, your petitioner prays this Court to authorize and order said guardian to pay petitioner the amount of $150.00 for services rendered and to be rendered up to and including December 31, 1974. ;.11 I I .. II II IN THE COUR'l1 PF COMr-10N PLEAS OF WASHINGTON COUNTY g PENNSYLW\.Nil~. I I I II ORPHANS' COURT DIVISION i!IN RE: 1 1 1Estate of MONT T. ALLEN, an alleged incompetent I I . . . . .. . : NO. 505 of 1970 II PETITION FOR GUARDIAN 1 S l:"'EE AND REIHBURSEMEN'.I? OF 'EXPENSES II ,1 TO THE HONORABLE, THE JUDGES OF. THE SAID COURT:: IJ II The petition of Fred J. Sentner, Esquire respectfully I I represents: I 1. That he was appointed Guardian of the estate of I' II 1j.Hont T. Allen, an alleged incompetent, by Order of this Court lion November 3, 1971. II 2. ,! jfactorily That since said date, your petitioner has zati:;·-1 I executed and performed his duties and responsibili-:.:ic ~- as Guardian, . I; I II I' I·--·1 ,. .,, to-wit: a. 11<· Initial work as per appointment as. Guardi.i:s:., I I i.e. preparing, executing, and filing of ncccocaryi papers; obtaining of Bond: transferring bank account: transferring Guardianship as per ·chc Social Security Administration and Veteran's Administration: notifying nursing home, doctoru druggist, etc. of petitioner's appointrnentv • •I Petitioner was paid $100.00 on November ~l, 1971 ' "W;It for said work. 0 b. Maintaining bank account, paying monthly I I -·11 I 0.!. :3p ' ! renewal of yearly Bond, investing excess in.coi.:K":! ir~: . ' . :... ·r savings certificates" correspondence with t:he "' nursing home, VeteranQs Adminiatration, Socit:l Securi~y Administration~ Medicare, etc. Exhibit 111\.. u a. •' . II I !1 3. At the time of Petitioner • s appointment, the !I i\ ll;sstate was comprised of a checking account· balance in t::H;; 1 I· I llz.xnount ·of $2,427.08 and a monthly income of $289.30. Preser.:.tly j ilthe estate is comprised of a checking account balance of 11$1,119.55, Certificates of savings in .the amount of $3,500.00 !land a mon·thly income of $330.44. II II 4. Your Petitioner spends approximately ten (10) hour· /lp~r year performing said d~ties_ and responsibilities and aoks ~~this Court to aut11orize the payment of $250.00 for services ~~rendered to date. 5 .. In addi·tion to services rendered as aforesaid, I 11your Petitioner has expended approxima-tely $50 .. 00 of his owt1 II·· ilfunds on telephone calls, stationery, stamps, and miscellaneous i isince his appointment and asks this Court to authorize reim- i ~ursement for same. H I \VHEREFORE., your Petitioner prays this: court to autho- I !rize and order said Guardian to pa~ Petitioner the amount of :1$300 00 as )ab·ove. li • I 'I 'I (J I Fred J. Seq61er, Esquire ., .··!'" I 0 " .. \.. " I I I II ~~liN T'<'..J:: COURT OF COP.J;!ON PLEAS OF WASHINGTON COUN1n.l, P m:.Is·;;L-;i;, .• ;;:A i I II I JIIN RE: i I ORPHANS' COUl"~'l' DIVI SIO~.J' . D : NO. 505 of 1970 IEr.;tate of MONT T. ALLEN, : 1 jan alleged incompe·tent p II ,I i[ I . . . 0 R DE R ·., I I II II AND NOW this £...day .of _ .. -;//. ·· . (' . .7 , 1974 on motion I ! liof Fred J. Sentner, EsquJ.reg Guard'J.an of the estate of !·~Ol'l t ']~ • I [Allen, an alleged incompetent, and in consideration o£ the I li"t,./ithin Petition, it is hereby ordered and decreed t.hnt said il I: d · · h · d d d d · h -...... ~o oo [iGuar J.an J.s aut. orJ.ze an OJ: ere "CO pay t e sum o:r :;>~b .. · li l\for services rendered and the sum of ~50 .00 for· reimburseJil.C..i.·;: , 1 ibf expenses to Petitioner herein. li I i I I •I 1: I' II 'I II I I I I I! I' II .I II BY THE COURT: .. · I ., '. Exhibit "B" " .. . .. J. '<:. •• "' f: I I • I '· ' . . ,, IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: Estate of MONT T. ALLEN an alleged incompetent ) ) ) ) NO. 505 of 1970 0 R DE R AND NOW tbi~ d::.}_ day of ~-? , 1974, on motion of Fred J. Sentner, Esquire, Guardian of the estate of Mont T. Allen, an alleged incompetent, and in consideration of the within Petition, it is hereby ordered and decreed that said Guardian is authorized and ordered to pay petitioner the sum of $150.00 for services rendered. Upon payment of said sum, the petitioner/guardian is deemed to be fully compensated and paid for all services and expenses from the date of his appointment to December 31, 1974. BY THE COURT: 0 J. Judicial 857 (Pennsylvania-Guardian) (5-55) IN THE COMMON PLEAS COURT OF WASHINGTON COUNTY, ORPHANS' COURT DIVISION STATE OF PENNSYLVANIA NO. 505 TERM, 19 70 In the Matter of the Estate of MONT T. ALLEN, an alleged incompetent.~ 'i •,, ... : BOND OF GUARDIAN KNOW ALL MEN BYvTHESE PRESENTS: That we, Fred J. Sentner ... ,~, ,.,. . . , as Principal , .and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation under the laws ~f the State ·of Maryland, of Baltimore, Maryland, having an office and usual place of business at ... · ' , State of Pennsylvania, as Surety, are held and firmly bound unto the Commonwealth of Pe;nnsylvania, its certain attorneys or assigns, in the sum of · Seven Thousand---•-:o;----------------Dollars ($1, 000.00 ), lawful money of the United States of America,"for which payment, well and truly to be made, we bind ourselves, our and each of our. heirs,, execu~ors, administrators, successors and assigns, jointly and severally, firmly by these presents. · SEALED with our seals and dated this 7th. day of June WHEREAS the above bounden decree of the Orphans' Court of Fred J. Sentner Washington Mont T. Allen has been appointed Guardian of the Estate of an alleged incompetent. '1978. has by order and County, Pennsylvania, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Fred J • Sentner Guardian of Mont T. Allen an alleged incompetent , shall at the termination of his guardianship and at any other time when required by Court, render a just and true account of the management of the property and estate of said Mont T. Allen under his care and shall also deliver up the said property agreeably to the order and decree of the said Court or the direction of law; and shall well and truly administer, according to law, the estate of said Mont T. Allen , then the above obligation shall be void, 'otherwise it shall be and remain in full force and virtue. Sealed and delivered in the presence of: ~~ . "'\· -·----------------------------------'---------------·-·-··--·-·-·-·-(SEAL) UNITED STATES FID LITY AND GUARANTY COMPANY BY~--~'--~--- J No. Term, 19 Court County State of Pennsylvania In the Matter of the Estate of a BOND OF GUARDIAN Surety: UNITED STATES FIDELITY AND GUARANTY COMPANY Home Office-Baltimore, Maryland 21203 And now to wit, , 19 , the within bond presented in open Court, approved, and ordered to be filed. Filed '19 ~-3L/--7 Attorney .I ~ IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY~ PENNA. ORPHANS' COURT DIVISION NO. 505 of 1970 IN RE: Estate of MONT T. ALLEN~ an alleged incompetent PETITION FOR GUARDIAN'S FEE --~,. ~-, ._·;: "1 ~ ... -.• --- ;u. -< ~:~·r:j~ .. .-.) "k ~-· . ~ -. ~-l ~ ,_..._, c, ~ ~ 0 ~ FRED J. SENTNER ATTORNEY AT LAW 950 SO. CENTRAL AVENUE CANONSBURG. PA. 15317 j_g3-303 - r ----------------- •.:, 1 E:S 1 "'lid "<:>l:!OBSNONV::::> 30N31\V ,V'l:!.LN3::::> "OS OS6 MVI .L'<t; A:3N~<I).L.L'<t ~:3NJ.N:3S 'r 0:3~.::f .. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: Estate of MONT T. ALLEN, an alleged incompetent ) ) ) ) NO. 505 of 1970 PETITION FOR GUARDIANlS FEE TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Petition of Fred J. Sentner, Esquire, respectfully represents: 1. That on December 23, 1974, pursuant to Petition and Order, your petitioner was compensated for services rendered to December 31, 1974. 2. That since said date petitioner has devoted approxi- mately twenty (20) hours of his time to his duties as guardian. 3. That as of March 7, 1977, the estate is comprised of a checking account balance of $1,685.50, Certificates of Savings in the amount of $5,099.97 and a monthly income of $409.92. WHEREFORE, your petitioner prays this Court to authorize an order said guardian to pay petitioner the amount of $50QOO for services rendered to February 28, 1977. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: Estate of MONT T. ALLEN, an alleged incompetent ) ) ) ) No. 505 of 1970 ORDER I /'1A y AND NOW this~ day of .~h, 1977, on motion of Fred J. Sentner, Esquire, Guardian of the estate of Mont T. Allen, an alleged incompetent, and in consideration of the within Petition, it is hereby ordered and decreed that said Guardian is authorized and ordered to pay petitioner the sum of $500.00 for services rendered. Upon payment of said sum, the petitioner/guardian is deemed to be fully compensated and paid for all services and expenses from the date of his appointment to February 28, 1977. BY THE COURT: J. .. ·~· ~ ~ = ~ = t!j ~ ~ '(1;. ~ \ . ~ • '(1;. ~i ~ = ~· ~~~ ~ ~ ~ ~ ~ ..... ~ i-, I .... • p . t • J' ... <..___ :'! ! ' ':.< ... ~' ., ___ ·) --:.:"+ •"""·f >"Ii )· :~-· --... f ...-"-·"' c-:: ;O ': 41 )~ r-r-r,. (.r> .. IN RE: THE ESTATE OF MONT T. ALLEN, an alleged incompetent. PETITION FOR GUARDIAN'S FEE .. .......s ~Q _.... --::= ::u r -..::: r"' ~ ·• -4"') --s {/} -; rr1 ~ -o :::0 :::r; rn ' 0 ' ~ 'i::. . ~ ~ w ~ ,···-- ~@ t!pce:; o/ JAMES A .. HICKEY FRED J.. SEN'11."NER. ROUTE19SOUTH R. D. #2, BOX 1-D I~-.JJ~ONSBURG, PA. 15317 ~ ~ ~ ~ ' \) 01 .• ..-_ .-• '..J 'til .... I. .--.. IN THE COURT OF CO}ruON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA IN RE: ORPHANS' COURT DIVISION ) ) Estate of MONT T. ALLEN, an alleged incompetent. ) NO. 505 of 1970 ) PETITION FOR GUARDIAN'S FEE TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Petition of Fred J. Sentner, Esquire, respect- fully represents: 1. That he was appointed guardian of the Estate of Mont T. Allen, an alleged incompetent, by Order of this Court on November 3, 1971. 2. That on May 4, 1977, pursuant to Petition and Order, your petitioner was compensated for services rendered to February 28, 1977. 3. That since February 28, 1977, petitioner has devoted twenty (20) hours of his time (approximately) to his duties as guardian. 4. That the average monthly income of the Estate since February 28, 1977, has been $503.27. 5. That as of April 30, 1979, the Estate is com- prised of a checking account balance of $3,278.95 and certificates of savings in the amount of $7,407.86. WHEREFORE, your petitioner prays this Honorable Court to authorize and Order said guardian to pay petitioner the sum of $650.00 for services rendered from March 1, 1977, to April 30, 1979. /' ~ ·~.··- 7 :D ;Y(' ,:;?';:::< FRE/. . SENTNER . ., . . .. ... ~ ... , l ,...-.. . IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: Estate of MONT T. ALLEN, an alleged incompetent. NO. 505 of 1970 0 R D E R AND NOW this j? c;t.. day of r-1ay, 1979, on motion of Fred J. Sentner, Esquire, Guardian of the Estate of Mont T. Allen, an alleged incompetent, and in consideration of the within Petition, it is hereby ordered and decreed that said Guardian is authorized and ordered to pay petitioner the sum of $650.00 for services rendered. Upon payment of said sum, the petitioner/ guardian is deemed to be fully compensated and paid for all services and expenses from the date of his appointment to April 30, 1979. BY THE COURT: j . -~- !- -----------------------~-~~~--------------o----1 ~·~ .. ~ IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA I I r ·' ORPH.Ai'Ns [rCOURT DIVISION ~,. ' .-,. , : .. i ... Q ,) 11 Cll' • ~ '\ ·~~ ': , .. J)' ........ , j ."' /'lr:, ... · .... t ~~-....... 'J·r) '··''I l ....,/~ t 1 / • ''t.f il,r t' f' . t ~-1 ~~ t t t,/,..:>Lir'!• ·) '.:~LN'" I' {f . r l\ ~ • . ·Y • 1.. 1)1,.,,;' co .. p,t 1"\. 505 of 1970 IN RE: ESTATE OF MONT T. ALLEN, ) ~ an alleged incompetent. ) ) ~ .J > Ill z z Ill a. i HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN ~ z BEFORE: THE HONORABLE P. VINCENT MARINO, Judge of the said Court. x Ill <( ~ t ~ APPEARANCES: MICHAEL E. KUSTURISS, ESQ .• of Canonsburg, Penna .• representing the Petitioners . Ill D .J o( 0 Q :J ., S TIME: ui a: ~ Monday. June 22, 1970, at 10:00 o'clock A.M., EDST. a: 0 a. ~ MR. KUSTURISS: If the Court please, this is the time that was 1-a: :J 0 u .J o( u ii: IL 0 set by the Court for hearing on a Petition for the appointment of a guardian for an alleged incompetent,in this particular case, Mont T. Allen. I have here Dr. Prideaux, Your Honor. He is here in Court along with the Petitioner, and I believe there are other interested parties here in Court on this matter also. I also would like to file with the Court an Affidavit of Service of the Petition on the alleged incompetent. And all other parties have been notifiec of this hearing of interest. ,----------- . - - 2 THE COURT: The Affidavit of Service in this matter having complied with statutory requirements and with the Interlocutory Or< er of this Court, is ordered filed and made part of the record. Mr. Kusturiss, do you wish to call your medical witness first? MR. KUSTURISS: Yes, sir. ~ z ~ ..1 ~DR. PRIDEAUX IS CALLED AND SWORN. ' · ~EXAMINATION OF DR. WILLIAM PRIDEAUX BY MR. KUSTURISS: Ill II. ~ Q What is your name, sir? " z ~ A Dr. William A. Prideaux. ~ ..,: Q 0 And where do you maintain offices for the practice of medicine, ~ 1-!!! Q Doctor? ..1 c( § Q A ;:) Claysville. ., l: 1: Q N Are you a duly licensed practicing physician in and for the Commor- ui It Ill 1-It , wealth of Pennsylvania? 0 II. Ill A It lam. 1-It ;:) Q 0 0 For how long a period of time have you been so licensed? .I c( u A ii: Since 193 3. II. 0 Q Doctor, do you know one, Mont T. Allen? A I do. Q When did you first become acquainted with him ? A About the lOth of April of this year. Q Where did you see him? A At the Miller Rest Home in Claysville, Pa. Q At that time did you examine Mr. Allen? ---------------------~.------ 3 A I did. Q And did you talk to him? A I did. Q And did you see him at any time other than that one time? A I have seen him several times since, I think possibly a total of five or six times. Doctor, based on your examination of Mr. Allen and your treatmen of him, during this five or six visits that you have testified to, could you tell us as to his present mental condition? At times he's fairly good, but at ti rres he becomes quite bell~-g,erentt and is not totally competent,in my mind. What can you tell us with reference to his physical infirmities or illn~:es s·es.; s, if any? Now, of course, this is from record, but he had a cerebral ui 0: Ill .. 0: vascular accident and was in th~ Washington Hospital under Dr. 0 a. Ill 0: .. Badiali from the 13th of February till the 20th of March, 1970 for 0: :l 0 u the right sided paralysis and naturally, affected his---the feffect ... o( ij ii: IL on the brain caused the paraylsis. 0 Q Is he still paralyzed at the present time? -A Yes. We are trying to walk him with help, but he's not doing too well. Q Doctor, can you give us a prognosis on his case just what do you predict as to the future on his condition? A I doubt if there's too much chance for improvement, at least not total improvement. He will always be paralyzed. Q B3.sed on your physical examination and your treatment of Mr. A ~ z < > ..1 > m z ~ Q n. i' e C) z i m < 3: Mont T. Allen, Doctor, can you give us your professional opinion as to whether or not he is mentally and physically capable of manag ng his property and his personal affairs and to look after himself? I do not feel that he is. At times he seems lucid, but most of the time he isn't. I have no further questions, Your Honor. EXAMINATION BY THE COURT: ui a: ~ A a: 0 n. ~ Q ... a: :J 8 A ~ u ii: Q ... 0 A Q A Q Dr. Prideaux, if this individual were permitted to handle his own money and business affairs, is it probable that designing individual might take advantage of him? I think it's very likely. Do you have his age, sir? 64. And what would be the underlying cause of his vascular accident? He probably had a cerebral thrombosis due to hardening of the arteries. And that would affect his mental condition also. That is mainly arteriosclerosis? Right. And in a person of his age, it is highly improbable that he would shpw much improvement? ---------------------------------- 5 A I am very doubtful that he would. Q That's all we have, Doctor, (Witness excused). GAYLORD ALLEN ~IS CALLED AND SWORN. - EXAMINATION BY MR. KUSTURISS: Q What is your name? A Gaylord Allen. Q Mr. Allen, are you related to Mont T. Allen? A Brother. Q You are the Petitioner in this proceeding being filed and heard toda ? A Yes. Q Mr. Allen, when was the last time you saw Mont T. Allen? A Last week it was. I forget just what day it was. Q Where did you see him? A I saw him up at the rest home, Ankrom's. Q Ankrom's Nursing Home? A Yes. Q 1198 West Wylie Avenue Extension, Washington, Pa. ? A Yes. Q And is this where he presently is kept? A Well, will you repeat that? Q ·Is this where he is at now? 6 A Yes. That's where he's at as far as I know. Q At the time you filed your petition where was he? A He was in Miller's Rest Home, Claysville. Q Now what was the physical condition of your brother, Mont T. Aller, -when you saw him? A Well, in the first place, I can't understand him when he talks. Wel , !! z c( > he don't want to talk to me too much. .. )o Ul ~Q Ill Did he have a stroke? 11. ~A .. Yes . " z ~Q c( Is he able to get out of bed? ~ ~ A u No. a: .. Ill Q a Is he able to walk around at all? .. c( u A a With help. :J "') :1: ~ Q N Is that the only way he can get around? IIi a: A Ill .. That's right. a: 0 11. Q' Ill a: Now do you know what monies Mr. Mont T. Allen gets every month .. a: :J A 0 u I don't know that. .. c( u Q ii Do you know whether or not he gets a V. A. pension of any kind? II. 0 A I know he gfBts a pension but I don't know how much. e Q Now I show you here a check issued by the Treasury of the United States which has marked on it V. A. pension, $100.00. Where did 3 ou get this check? A The mail box up home. No one is living there. Q This is the check made payable to Mont T. Allen. <( z <( > ... > Ul z z 1:1 II. i 0 ... " z i: Ul ~ ti a: ... Ul 0 ... <( ij 0 :I ., z ::. 01 ai II: Ill ... a: 0 II. Ill II: ... II: :I 0 u ... <( ij ii: IL 0 A Q A Q A Q A Q A Q A Q Yes. Therefore, his monthly allotment would be $100.00. Is that correct? Yes. From the Veterans Administration. Yes. And in addition to that, is he not also entitled to Social Security.? a Yes. He gets/Social Security check, I don't know how much it is. Who has these checks, do you know? I don't know. Who pays his bill down at the Miller Rest Home? Miller is supposed tb be doing that. I don't know. In addition to this money, this $100.00 per month from the V. A. 7 and the Social Security checks, do you know whether or not he has any cast in the bank of any kind, any savings account? A I don't know. I don't know none of his business. He never told me . Q Is there anyone that may know where his money is kept? A Where his money was kept ? Q Where it's kept. A Well, he did say he had some money in the bank, but he didn't say how much or what bank or nothing. Q Do you know of anyone who has money belonging to him at this time to Mr. Mont T. Allen? A No, I don't. Q Is there an estate at the present time out of which Mr. Mont T. 8 Allen may receive a legacy? A Estate, you mean a home place? Q Yes. A Yes. -9 Where is this property locat ed? . A Wolfdale. o( z ~ Q ..I Who owned that property? > Ul ~A Ill Us three. Me, my sister and brother, Mont. II. i 0 Q ... How many heirs at law are there? Incidentally, was he married? " z :;: A Ul o( No, he's not married. ::: ..: Q u ~ D~es he have any children? ... Ul E A My brother? ..I o( u Q E :I Yes. "'l :1: 1:: A til No. ui a: Q ld ... If anything ~-e to happen to him, who would be his' heirs at law? a: 0 a. A Ill a: I don't know that either. ... a: :I Q 0 u Would it :be yourself and how many brothers and sisfers are there? ~ . u A ii: I've got one sister and one brother living, that's all. II. 0 Q That would be Mont Allen and Jenny Allen? e A Yes. Q And yourself. ~· Yes. Q Where does Jenny Allen live? A I don't know. You'll have to ask her where she lives. I don't know. ''" --~~"--------------------------------~------------------~~- ---------------------------------------.------ 9 Q R. D. 1, Avella, Pa •• isthatcorrect? A I don't know if she lives there of where she lives. . Q Is she in Court today? A Yes. ' -Q Which one is it? !Which one is your sister? A Tha tone right there. ~ z c( Q > .I Doyou feel that based on your conversations with your brother, > Ul z z Ill your visits with him, do you feel that he is able to manage and take II. i 0 1-care of himself and his property? I!) z i A Ul c( No, I don't. I don't think he could. :s: -.,: Q u . a= What doyou feel would happen if no guardian were appointed for him? 1-Ul Q Would he be able to manage his affairs if a guardian were not appoi ted -.I c( u Q for him? ~ ., ~ A Ql I wouldn't know what would happeniLfhere's no guardian appointed c ver ui 0:: Ill 1-him. 0:: 0 II. Ill Q 0:: How old is your brother? 1-0:: ~ 0 A u I don't know exactly, but he's up in his'601s. .I c( u Q iL I'm concerned with one thing. Mr. Allen. How did he get fromthe IL 0 . Miller Rest Home to Ankrom's? -A Well, Miller brought him up to my daughter. Mary Rita, over here and she took him up from there up to Ankrom's. Q Did you talk to Mr. Miller? A No, I haven't talked to him. Q Do you know why then he was moved? 10 A I don't know why. (At the direction of the Court, off -the-record discussion was not recorded by the stanographer). THE COURT: I have no questions. MR. KUSTURISS: We have no one that would be willing to handl it in the family or anyone who is competent in the family circle. THE COURT: We can discuss the matter and we willttry to find a competent guardian. (At the direction of the Court, off-the-record discussion was not recordeEl by the stenographer). THE COURT: Let us haveyour name and address. sir, for the record. MR. ALLEN: Tony Allen, Washington, R. D. #5. THE COURT: And are you the husband of Jenny Allen? MR. ALLEN: No. I'm a cousin. THE COURT: And you say that the paper was delivered to )PU in order to deliver to her? MR. ALLEN: That's right . THE COURT: But the deli very wasn't made directly? MR. ALLEN: That's right. THE COURT: Very well. Is there anyone in Court that desires to testify in this matter? ( NO RESPONSE ) " THE COURT: All right. You have no other testimony, do ypu, I b. < z ~ .J >-Ill z z Ill D. 11 Mr. Kusturiss? MR. KUSTURISS: The only thing,! would be concerned about at this stage of the proceeding, Your Honor, would be if any of the heirs of Mrs. Jenny Allen would know of any accounts that he may have and who has custody of these accounts. THE COURT: Well, that may be inquired into later and we can use other facilities also for discovering that. At the pres en time, we will state for the record that the Act. of Assembly does not i e require personal service upon anyone other than the alleged incomp~tent " z :t Ill ~ ..: 0 0: 1-Ul 0 .J < 0 0 :I ., :t ~ N himself. Inasmuch as both of the next of kin are here in Court today, regardless of the manner in which they were served, we hold teat this hearing to be duly held and properly held and legally held. We will hear from Mr. Kusturiss as soon as he contacts the Veterans Administration. cri ~ MR. KUSTURISS: There would be one problem in that regard, 0: 0 D. ~ Your Honor. I have attempted to find his number and also the agenc T 1-0: :I 8 to write to and I have been having difficulty getting cooperation .I c( 0 iL ... 0 from anyone. Mr. Miller, I believe, has most of this information. When I filed the petition toha ve a guardian appointed, he immediate y discharged it from his place of business and sent him out to Ankron's. THE COURT: With respect to the Veterans Administration, you will not need the serial number of this \v.eter.an. You can write direct to the Veterans Administration at :1·000 Liberty Avenue, Pittsburgh, and you will get a proper response. Are there other "r-----------------------------------------~·---- 12 matters for the Court at this time? MR. K USTURIS$~: No. (Proceedings Closed). I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the hearing of the above cause, and that this copy is a correct transcript of the same. The foregoing record of the proceedings upon the hearing of the above cause is hereby approved and e!-" '· -::: r- ("'-; ( .. -' . ..- '' .. i ) .. l (..:") oOI("c -, ' C\-,.,. ~ -.. _F.\ i (..') . . Cl ( P--·· \'' :....(1 ·~ ... -·) (.:: ~ " 0 -·' 1-- \-j ~·· r·... • .. (..J :c 0 (j) ~4. c.:... -;,_, '. • --· ,, ~ . ~ . .L" ~It _; .J J ; ' j ,, ~6 . '1 " . _,t 1 ' .. ,' l " 0:) .;;.. ..... . £ ~· ..,...'·J ' • l