HomeMy WebLinkAboutOC1970-0557 - ESTATE OF FRYEi
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IN THE COURT OF COMMON PLE
OF WASHINGTON COUNTY;PENN--.
No. S-5"7 of 1970.
IN RE:
ESTATE OF CARL LEE FRYE
an alleged incompetent.
PETITION FOR THE APPOINT-
MENT OF A GUARDIAN OF AN
INCOMPETENT
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LAW OFFICES
PEACOCK, KELLER, YOHE & DAY
EAST BEAU BUILDING
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTYJ>ENNSYLVA A
ORPHANS 1COURT DIVISION
IN RE: )
)
ESTATE OF )
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CARL LEE FRYE, ) No. ,j;,-f'7 of 1970.
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an alleged incompetent. )
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PETITION FOR THE APPOINTMENT OF A GUARDIAN
OF AN INCOMPETENT
To the Honorable, the Judges of said Court_, the Petition of Peter H.
Smith, Executive Director of the Washington County Assistance Board, by
his attorneys, Peacock, Keller, Yohe & Day, respectfully petition your
Honorable Court as follows:
1. The petitioner is Peter H. Smith, an individual who resides in
the City of Washington, Washington County, Pennsylvania, and whose busines
address is 87 West Wheeling Street, P. 0. Box 490_, Washington, Pennsyl-
vania 15301.
2. Carl Lee Frye, the alleged incompetent, is an individual who
resides in the Township of West Finley, Washington County, Pennsylvania_,
and whose post office address is Box 88_, R. D. #2, West Finley, Pennsyl-
vania.
3. Mrs Gladys Frye is an individual who resides in the Township
of WesLFinley_, Washington County, Pennsylvania, and whose post office
address is Box 88, R. D. #2, West Finley, Pennsylvania.
4. Carl Lee Frye is an adult, aged 21, who was born on April 5,
1949.
5. It is believed that Carl Lee Frye is physically and mentally
incapable of handling his affairs or taking care of himself and is legally
incompetent.
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6. Mrs. Gladys Frye, who is the grandmother of Carl Lee Frye,
has consented to serve as guardian of the Estate of Carl Lee Frye as
evidenced by the Consent to Guardianship which is attached hereto and
made a part hereof. Mrs. Gladys Frye has no adverse interest in the
estate of the alleged incompetent~
7. The alleged incompetent has no estate, and his only source
of income is a monthly grant of Fifty-one and no/100 ($51.00) Dollars paid
by the Department of Public Welfare of the Commonwealth of Pennsylvania
for his support and maintenance. The proposed appointment is for the
purpose of designating a proper person to receive and manage such assis-
tance payments and any additional welfare payments which may become
available for his benefit.
8. The alleged incompetent is not presently employed and has
no prior work experience whatsoever. He is unable to carry out verbal
commands; he has· had no formal education and can neither read nor write.
His physician is Dr. Meyer R. Sonneborn, Wind Ridge, Pennsylvania 15377.
WHEREFORE, your petitioner prays your Honorable Court to
appoint Mrs. Gladys Frye guardian of the Estate of Carl Lee Frye, an
alleged incompetent, for the purpose of receiving and managing assistance
payments, with authority to execute any appropriate instruments, including
reimbursement agreements, etc., as may be required by the Department
of Public Welfare in establishing the incompetent's continued eligibility
for public assistance.
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COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF WASHINGTON )
Before me, the undersigned authority, personally appeared Peter
H. Smith, who, being duly sworn according to law, deposes and says that
the facts set forth in the fore going Petition are true and correct as he
verily believes. r;;;:L liiJL
Peter H. ~'smith
Sworn to and subscribed before me this:( P -f-4
day of c:tJ4 A. D., 1970.
9-rL..;i;k .. xJ~ No ry ublic
Me.ry Jane Smith, Notary Public
Wublngton, Washington County, Pa.
My Commission Expires
February 28, 1978
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYL VAN A
ORPHANS' COURT DIVISION
IN RE: )
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ESTATE OF )
) No. of 1970.
CARL LEE FRYE, )
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an alleged incompetent. )
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CONSENT TO SERVE AS GUAR.DIAN
IJ Mrs. Gladys Frye, being sui juris.~ and of sound mind and body,
and having been fully informed concerning the facts of the within proceeding a d
of the nature of the responsibilities involvedJ do hereby consent to act as
guardian for Carl Lee Frye, an alleged incompetentJ as the court may direct.
Date: mat-IL If ,7d
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®rplrnun' Qtnurt 1llhtinh1u
IN RE: ( (
ESTATE OF ) )
em LEE FRYE, \ Ql Uatinu l NO.
557
of
1970
an alleged incompetent. ( •
C!rnmmnum.Ntlt4 nf feuunyluuttiu /nn:
Qtnuuty nf llma.ulrittgtnu )
CARL LEE FRYE To:------~ru~. ~anl~l~e~g~e~d~l~n~c~or~np~e~Le=r~rL~------
Sur Petition of: . PETER .H • SMITH
Executive Director of the Washington County Assistance Board,
by his attorneys, Peacock,Keller,Yohe & Day,
~rrrtiug:
lrutr QtnuttttttU~ inu, ___ ____;:.C..c_AR"-'L==-_L_E._c; _F_RY_.t!._.,, ----o------
that, laying aside all business and excuses whatsoever, you do file m 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 ___ _..}.....,.1o ..... n ...... d...,..a"Vy'----' the 29th_day of ___ __._.,J'-'-'JJL.LJn.,...e ______ _
19_7_0_, at_ll_·_:O_O __ o'clock~. :M., and show cause why the sa~ee
Frye sho"uld not be adjudged an incompetent and a guardian of his
estate appointed;
and further abide the order of our said Court in the premises,
If you fail hereof, the petition may be taken PRO CONFESSO and
a decree made against you.
WITNESS tbe Honorable P; Vincent Marino, Judge of our said Court,
at Washington, Penna., the 29 day of May , 19 70
~·?n~
· Clerk of the Orphans' Court .
PEACOCK, KELLER & YOHEj,c DAY E ------------------------------sq. Attorney for Petitioner.
(Seal)
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INTHECOURTOFCOMMONPLEASOFWASHINGTONCOUNTY,PENNSYLVAN A
ORPHANS' COURT DIVISION
IN RE: )
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ESTATE OF )
) No. of 1970.
CARL LEE FRYE, ) -~-
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an alleged incompetent. )
INTERLOCUTORY DECREE
of the annexed Petition, it is ordered and decree that a Citation be awarded,
as prayed for, directed to Carl Lee Frye, an alleged incompetent, to show
cause why he should not be adjudged an incompetent and a guardian of his
estate appoi~te~ C~ation returnable to LR--, L 2. ~I 1717 II:~~ ./l,;vr, ._;J{I
hearing on the same to be held at that time.
At least twenty days notice of the hearing shall be given to Carl Lee
Frye, the alleged incompetent, by personal service of a copy of said Petition
and Citation, and by service of notice upon the next of kin, personally or by
registered or certified mail.
BY
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY~ PENNSYL VA A
ORPHANS' COURT DIVISION
IN RE: )
)
ESTATE OF )
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CARL LEE FRYE~ ) No. of 1969 ) ___,,..._..._
an alleged incompetent. )
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FINAL DECREE
AND NOWJ this day of , 1970, upon consider-------------------~
ation of the annexed petition and after a hearing held following due notice,
UisORDEREDANDDECREEDt~t
CARL LEE FRYE is adjudged an incompetent.
MRS. GLADYS FRYE is appointed guardian of the estate of Carl
Lee Frye, an incompetent.
The said guardian is directed to file an inventory in accordance
with the provisions of Section 402 of the Incompetent's Estates Act of
1955~ as amended.
Said guardian shall have authority, inter alia, to receive and
administer the assistance payments paid by the Department of Public Welfare
for the support and maintenance of the incompetent; and likewise authority
to execute reimbursement agreements as required by the Department of
Public Welfare, so long as such come within the purview of the powers grante
such guardian by the Incompetent's Estates Act of 1955, as amended.
The said guardian shall file bond.
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In the Court of Common Pleas of
Washington County, Pennsylvania
Orphans' Court Division
No. 557 of 1970
IN RE:
ESTATE OF
CARL LEE FRYE,
an alleged incompetent.
D E C R E E
(Marin.o, J.) 71J --------1) / --_-_ ---'
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA.
ORPHANS 1 COURT DIV1SION
IN RE:
ESTATE OF
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No. 557 of 1970
CARL LEE FRYE,
an alleged incompetent.
D E C R E E
AND NOW, July /"f: , 1970, upon consideration of the annexed
petition and after a hearing held following du~ notice, it is ORDERED AND
DECREED that
CARL LEE FRYE is adjudged an incompetent.
Mrs. Gladys Frye is appointed Guardian of the Estate of CARL
LEE FRYE, 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 1955,
as amended.
sum of
The said Guardian shall fil~ bond, •• itlh ouffiQiW~Bt s;up~t;¥-i:Q. tao
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IN RE: ESTATE OF
CARL LEE FRYE,
an incompetent
No. 55 7 of 1970
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BONii~OF GUARDMN u (--,-~ VJ -·
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Approved by the Court this
1 , day of • 1970.
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0~ LAW OFFICES
PEACOCK, KELLER, YOHE S. DAY
EAST BEAU BUILDING
68-70 EAST BEAU STREET
WASHINGTON, PA.I5301
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COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA.
INRE:
ESTATE OF
CARL LEE FRYE,
an incompetent.
ORPHANS' COURT DIVISION
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No. 557 of 1970
BOND OF GUARDIAN
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KNOW ALL MEN BY THESE PRESENTS, that I, Gladys Frye, an
individual, residing at P. 0. Box 88, R. D. #2, West Finley, Washington
County, Pennsylvania, am firmly bound under the Commonwealth of
Pennsylvania for the use of the estate of Carl Lee Frye, an incompetent, in
the sum of $5, 000.00, to be paid to this Commonwealth to which payment,
well and truly to be made, I do bind myself, for and in the ;whole, my heirs,
executors, administrators, successors and assigns, and each and everyone
of them firrqly by these presents.
Sealed with my seal and dated this 3 c.?Z4 ... day of~~ 1970
THE CONDITION OF THIS OBLIGATION IS Sucftha~ the above
bounded guardian shall well and truly administer the estate according to law,
this obligation shall be void; but otherwise it shall remain in force.
Signed, Sealed in the presence of:
Approved by the Court this J day o
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COURT OF COMMON PLEAS OF
WASHING'fON COUNTY,J;>E~NA. Orphans · Court D~v~s~on
No. 557 of 1970
IN RE:
ESTATE OF CARL LEE
FRYE, an alleged
incompetent ·
AFFIDAVIT OF SERVICE
LAW OFFICES
PEACOCK, KELLER, YOHE S. DAY
EAST BEAU BUILDING
68-70 EAST BEAU STREET
WASHINGTON, PA.I5301
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IN RE:
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COURT OF COMMON PLEAS OF WASHINGTON COUNTY
ORPHANS' COURT DIVISION
ESTATE OF CARL LEE FRYE,
an alleged incompetent
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AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA (
COUNTY OF WASHINGTON
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Before me, a Notary Public in and for the County and State
aforesaid, appeared William A. Christy, who deposes and says that
he served a true and correct copy of the Petition and Citation
at the above number and term on the said Carl Lee Frye, at his
residence at Box 88, R. D. # 2, West Finley, Pennsylvania, by
handing a copy of the same 'to him, he being personally known
to your affiant, and making the contents thereof known to him
:~c:::k ~~ M. day of 9fknt>
Sworn to and subscribed before
me this L/H, day of 9«= , ,
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Mary Jane Smith, Notary Publie Wa~ington, Washington County, Pa.
ft'ly Commission Expires
February 28, 1978
, 1970, A. D. at 2.: ~to
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA
ORPHANS' COURT DIVISION
IN RE:
ESTATE OF
No. _,
\ ~~~ CARL LEE FRYE,
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~ an alleged incompetent.
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HEARING ON PETITION FOR APPOINTMENT 9E-"D;"QAR DI:A N
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~BEFORE: THE HONORABLE P. VINCENT MARINO,
Judge of the said Court. Ill ;
~ ii: ~ APPEARANCES: ROGER J. ECKER, ESQ., of Washington,
Pa., representing the Petitioner . 0
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"'' ~ TIME:
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Monday, June 29, 1970, at 11:00 o'clock·
A. M., EDST.
f MR. ECKE;R:: If the Court please, this is the time set for
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"'" ~ the hearing in the estate of Carl Lee Frye, an alleged incompetent,
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at Number 557 of 1970. If Your Honor recalls, Dr. Sonneborn
of Wind Ridge, Pennsylvania is the physician who attended Mr.
Frye and we have arranged to have his testimony at 2:00 o'clock
on July 1st. So today we have present the proposed guardian, Mrs.
Frye, and also the caseworker and Mr. Frye. And we also have
the Affidavit of Service which we will submit to the Court.
THE COURT: The Affidavit of Service, having complied
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with statutory requirements and with the Interlocutory Order of this
Court, is ordered filed and made part of the record. You may call
your witnesses.
MR. ECKER: I call Mrs . Frye.
~EXAMINATION OF GLADYS FRYE BY MR. ECKER:
> Ol z ~ Q State your name for the Court please.
D.
i ~ A Gladys Frye.
!!) z ! Q And where doyou live, Mrs. Frye?
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..: A g West Finley, R. D. 2., Pennsylvania.
II: 1-Ul 0 Q How b:ld:,_,a'revyou, Mrs. Frye?
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§ A Q 69.
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1:: Q til What is your relationship to Carl Frye?
ui II: A Ill 1-Grandmother.
II: 0 D. Ill Q II: Is your husband living?
1-II: ::l 0 A u Yes, he is.
..1 c( u Q ii: And is he in Court with us here? ... 0
A Yes, he is.
Q What is your occupation?
A Housewife.
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Q How many other children are there residing with you and your husl and?
A Three.
Q How long has Carl Frye resided with you?
A Ever since he was born.
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Q How long has that been? How old is he?
A 21 years.
Q What is his birthdate, if you know that?
A April 5th, 1949.
Q Have you been tahing care of Carl Frye ever since his birth?
:! A Yes, I have.
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¢Q Is his mother living?
Ill z z ~A Yes. she is.
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I; Q z Do you know the whereabouts of Carl's father?
i Ill ~A No. I don't.
..: ~Q Has Carl ever been employed for any length of time?
1-Ill ~A No. o(
ij a Q :J ., Can you tell the Court generally Carl's condition. his physical and
X 1:. C\1 mental state from your point of view?
ui a:: Ill A 1-a:: Well. I don't know. He just seems like he can't understand anything
0 II. Ill a:: .. He can't either read nor write. And he just. I don't know. don't
a:: :J 0 u ... seem to understand anything. You couldn't put him out to work or
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ii: IL anything like that.
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Q What happened when Carl went to school?
A We 11. we started him three different times. And the lastttime the
teacher says keep him home because he can't learn. Don't send
him back.
Q Has Carl been generally healthy in terms of physical health?
A Yes. He seems to be.
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Q Are you willing to take care of Carl in the future?
A Yes.
Q I will just ask you if Mr. Christy came out to your residence and h:: d you
sign a Consent to Serve as Guardian.
<D A Yes.
Q Do you recall signing that?
< ~A > Yes.
..I > Ill ~Q I think the CouH has that of record. Although we don't have it here
Ill II.
i 0 right now. ... C) z
i Q Ill Does Carl have any income?
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..: A No . u ·~ ... !!! Q Q Does he own any property? -..I o(
§ A Q
No, he doesn't.
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·:.: Q t:. Do either you or your husband have any claims against Carl or
Ill
ui II: Ill anything of his ? ... II: 0 II. A Ill No, we don't.
II: ... II: :I Q 0 Does he have any claims agf:!,inst you?
u
..I < A u No.
iL ... 0 Q If the Court were to appoint you as his guardian, would you be will"lng -to manage his business and financial affairs?
A Yes.'
Q About your own background, are you able to read, write and do
simple arithmetic problems?
A Yes, sir.
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Q Do you think you could keep an account of the monies that came in
for :(!;arl?
A Yes.
Q Can youtell the Court how much he currently receives?
e A $23.50 every two weeks.
Q So that would be about $4 7. 00 a month.
c z ~A Yes . ...
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Ill :z ~Q And from what source does he receive that?
II.
i e A Well, the check comes in my name.
Cl :z
iQ c But from whom? Is that the Department of Public Welfare?
~
~ A Yes.
it ...
Ill
0 Q Has Carl ever been in the service? -... c 0 0 A No.
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Q Can youtell us whether his interest would be served or his welfare
ai a: Ill ... would be served by his presence in Court today?
a: 0 II. Ill a: A Well, I don't know.
... a: :I 0 u Q I think that's all we have. Your Honor.
... c 0 iL THE COURT: Does he have any other income?
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Q Mrs. Frye, answer the Judge's question. He's going to direct
0 a few questions to you now.
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EXAMINATIONCQF:,M:ff':S. FRYE BY THE COURT:
Q Does· Carl have any other income?
A No, he doesn't.
Q How long ~has lh~had this check coming in from the D. P. A. ?
e A Well, I can't remember how long it's been.
MR. ECKER: Approximately two years, Your Honor, our
c z c > records indicate.
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Q And does he have any property of any kind in his own name?
II.
i 0 1-A No, he doesn't.
" z i: Ill c Q Is he an heir to any property of any kind?
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.,: u A No.
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Q Q Do you understand, Mrs. Frye, that if you were appointed guardia e .I c u Q by the Court that you have to keep a specific account of all the
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:1: ~ 01 monies that you receive and all the monies that you expend?
ai a: ld 1-A Yes.
a: 0 II. Ill a: Q Are you willing to do that ?
1-a: :I 0 u A Yes.
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iL Q What education have you had, Mrs. Frye?
II. 0
A Well, I went through the fourth grade. I can readr:and write and cou t.
e Q Well, you probably would be instructed by counsel as to how to
keep your accounts. But we inform you that you would have to keep
specific accounts. You just can't make the general statement in
the end that all the money that I got went for his keep, as some of
the people do when they come into Court. You can't do that. You
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must keep a specific aacount of all the monies that are received and
then how they are expended. It may well be that you will require
all the money that you receive for his keep and for his maintenance.
But you still must keep accounts. Do you understand?
A Yes.
Q You are wilbiing to do that?
c( z ~A Yes. ~ Ul z ~ Q Because you see, Mrs. Frye, even though the check may come in y· ur
i e name, it fuJmnes for a specific purpose, for the maintenance of this
" z x m particular individual. Do you understand that? ~
ti A Yes, sir.
ii: 1-Ul il Q And that is one of the reasons we are having this hearing here
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i3 il in Court today, to get that st:r.r:iaightened rup:. Do you understand?
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:1: ~ N A Yes.
ai II: ~ Q So that if you are appointed guardian by this Court, under the
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direction of your counsel or of the proper person from the Departm "nt
that instructs you, you should see to the proper keeping of accounts~
all the money that is received and all the money that is expended
and for what purposes. We point that out because there may, in the
future, there might be even other funds that come into your
possession since you would be the guardian besides this $23.50 every
two weeks. You might get other monies. But you would have m
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keep a strict account of everything that you receive and the expend tures
and what they are for.
A Yes.
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Q Doyou and your husband own the property that you are living in?
A No. We rent.
Q How much rent do you pay?
A $gJJ5. 00 a month.
8 Q Now what income do you have for your own support?
A Well, I get Social Security.
o( z Q ~ How much?
..1 > Ul z A z Ill
Well, I do.h' t hardly know. Our checks· comes together. My check a d
a.
i e his check is $77. 80.
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% Q Ul ; That is your husband?
.,: A u Yes .
~ 1-!!! Q Q So the two of you would be getting $77. 80?
8 ..1 o( u A Ci Yes.
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Any other income?
ui a: A Ill 1-
No. Well, now I get paid for keeping another grandson, $50.00 amoP,th.
a: 0 a. Q Ill a: Who pays you that ?
... a: :I A 0 u My daughter.
..1 o( Q u ii:
Do you manage to get along fairly well with the various incomes
IL 0 that you have mentioned?
e A Well, it's pretty tough ~ometimes. But we still get along.
Q Do you have any medical expenses currently?
A Yes. I've been with the doctor now for a couple, three months this
spring. I had the doctor.
Q And how about your husband?
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A Well, he hasn't been to the doctor for a long time.
Q Now how were your medical expenses taken care of:?
A Well, I have an Assistance of---it was $26.00 and now they cut me
down to $25. 50. And I get the medical aid. -Q Do you get any medical allowance of any kind for keeping this gentlE man,
c( z Carl Lee Frye?
c( > ~A Ill Well, he has a card that he can get medical assistance too from
z z Ill II. the Welfare.
i 0 1-C) Q z Mrs. Frye, do you keep an account presently of the receipts and
:i: Ill c( 3: expenditures thatyou make for these two separate individuals:?
.,:
0 i A 1-No, I hadn't been.
Ill Q
.I Q c( But you feel you can do that in the future?
§ a :I A ., Yes, I think so .
:1: ~ Ill Q ui Doyou deal with any bank for the deposit of your funds or drawing decks?
II: Ill 1-A II: 0 No. We don't have no checking account.
II. Ill II:
1-Q II: When you get your check, you just go to the bank and cash it?
:I 0 0 A .I c(
We mostly get them cashed at the store where we deal.
u ii: Q ... 0 The Court has no further questions. Do you have any, Mr. Ecker?
MR. ECKER: No, Your Honor. Unless the Court would like
to aslqques;tions of Mr. Christy, the caseworker involved here,
we have nothing further at this time. Although I might add that both
Mr. Christy and I did suggest to Mrs. Frye and Mr. Frye how
they might go about the proper method of accounting, and I think th: t
even if they can't get to a ba~. they may be able to send their
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checks to the bank for deposit and write checks ,that way to keep a
THE COURT: I think that is preferable, tcthan to take them
to a store and hav :ing them cash them. Although it could be that the
bank$ wouldn't look too kindly toward business of having to proceec
with one of these checking accounts where you would have very littlf:.
deposited .
z ~MR. ECKER: That is a problem in this :case. That's all
i 0 1-Cl z x Ul ~
we have right now. We will have Dr. Sonneborn here Wednesday.
We have advised him of that and that will be convenient for him.
~ a: THE COURT: All right.
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N (On Wednesday, July 1, 1970, at 2:00 o'clock P.M., the following occurre~):
vi 0:: bl 1-0: 0 D. ::! MR. ECKER: May it please the Court, this is the time set
1-a: :l 8 for the taking of testimony in the estate of Carl Lee Frye, an allegEd
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incompetent, at Number 557 of 1970. We have Dr. Sonneborn, who is
the attending physician in this case here today. And we are prepared
to have him testify.
THE COURT: You may call him.
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11
DR. MEYER R. SONNEBORN IS CALLED AND SWORN.
EXAMINATION BY MR. ECKER:
Q State your full name, Doctor.
A Dr. Meyer Sonne born.
Q What is yOiJStr address?
A Wind Ridge, Pa.
c z Q c > Where do you maintain your practice?
..1 >-Cll z A z Wind Ridge, Pa.
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What is your profession?
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i A Cll Physician.
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.,: Q u Are you a licensed physician in the Commonwealth of Pennsylvania?
ii: 1-ID A Q lam.
.I c u Q Q How long haveyou been in practice there?
:I .,
~ A Ten years there.
Ill
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How long before that?
a: 0 D. A 1:1 a: 15 years all together.
1-a: :I Q 0 u Are you actively .practicing medicine now?
.I c A· u lam. iL II. 0
Q With respect to Carl Lee Frye, is he a patient ofyours?
A Yes. He has been over a period of years.
Q How long has he been a patient?
A I saw him the first time in 1965.
Q Have you seen him recently?
A The last time I saw him was 1967, June, 1967.
Q Can you state generally for the record, Doctor, his physical and
mental condition?
a
A Well, physically he's,i-ather weak boy. Mentally, he's much weake
Q
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He1s probably has an I. Q. of about between 30 and 40, something
like that.
Would you say his mental problem is a large consequence then?
Yes. It's practically his whole problem.
Do you know how old he is now, Doctor?
I think---well, he was 18 in '67, so he'd be }about 20, 21.
Can you describe for the Court his behavior and his actions ?
Well, he has no actions as far as actions are co n::erned. He sits,
his grandmother and his grandfather tell what he is in the office
for, and explain everything and Carl Lee doesn't say anything.
He doesn't answer one way or another.
So he doesn't give any answers to any questions when you talk to
him?
Not that I have ever had him give me; he never answered me at all.
In your opinion, Doctor, what is the likelihood that his condition
will irn prove ?
It will neve·r improve. It will deteriorate, c-if anything.
Q Can you state what is the cause for this?
A I think he was born this way. He has a background of this in his
family. There are other mentally retarded members in his family.
It's a congenital thing.
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13
Q Did you notice any change in his condition from examination to exarr i-
nation?
Q No; none whatsoever.
Q In your opinion, Doctor, could Carl Lee Frye exercise good judgmelnt
and. common sense and ordinary business affairs?
No, he could not.
Could he handle money, bills and make payments?
No, he could not.
If he were permitted to handle his ordinary business affairs,
Doctor, would it be possible for designing persons to take advantag
of him?
It certainly would.
"«rould his welfare be served by his presence in Court here today,
Doctor?
No.
Do you know if he was ever in the Army?
No, he was never in the Army. The last time I examined him was
for his draft notice. I had to give a written deposition tGH the
draft board that he wasn't able to be drafted or wasn't able to servE
in the services at all.
Q I think that's all the questions we have, Your Honor. Perhaps the
Court has some questions for you, Doctor.
14
EXAMINATION BY THE COURT:
0 How do you spell your name, Dof;t-®r?
A SONNEBORN.
Q Doctor Sonneborn, where did you receive your medical education?
A Philadelphia College of Osteopathy, , Philadelphia, Pa.
:!:Q When were you graduated there?
z
c( ~A 1954.
Ul z z ~Q Have you been in practice since that time?
i 0 ~A z Continuously.
i Ul ~Q General practice?
.,:
0 A iil Right. ... !!!
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And you are now practicing where?
u 0 A :J .., In Wind Ridge.
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t::. N Q What couftty is that?
ui II: 1:1 ... A II: Greene .
0 II. Ill II: Q ... Doctor, how would you describe this man's mental condition medic~lly?
II: :J 0 0 A .I
It would be pretty nearly the same as a layman describing; he's
c( u ii: ... mentally retarded to a severe degree. li believe this is a congenital
0
thing and he was born this way.
Q So that what would your prognosis be for this individual?
A Very poor.
It has to get worse because of his agrng process, besides his
severe mental retardation; the aging process is g:> ing to deteriorat
this situation further.
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.
--------.--------,
Q Doctor, this individual is now living with his grandmother who is
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lboking after him in what the Court feels is a pretty good manner.
Would you recommend the continuation of that situation or do you fEel
that it would be preferable to have this individual placed in some .
institution for the mentally retarded?
No. I think the grandmother could, she has all his life'c taken care
of him. I think his family broke up either before or right after he
was born. And she's been doing a pretty good job as long as I've kn wn
the family. She brings him in, she takes care of him when he had
an abscess on his hand, she was able to take care of the situation
and bring it to a satisfactory conclusion. So I think she would be
the proper person to take care of him. It's in a home surrounding
and I like home surroundings better than I do institutional care.
So thatyou feel that the care that she is rendering for him now is
entirely adequate and sufficient?
I believe so, yes .
And that it would not in any way enhance his opportunities by being
placed in an institution for the mentally retarded?
No, I don't beliereit would.
Q Doyou feel definitely, Doctor, that if this individual were permittee
to handle his own money and financial affairs that he might become
the victim of designing individuals?
A He could certainly. He wouldn't know what money was. And therefcre.
anybody asking him for this would be no more than giving somebod' paper
16
or something else. I think certainly he needs care in this line.
Q I think that's alllthe questions we have of the doctor. Mr. Ecker,
I , did you have anything else?
MR. ECKER: We have nothing further for the doctor and
we have no further witnesses in this matter, Your Honor.
THE COURT: Let the record show that the Court has inquir d
as to whether or not there are any individuals in Court who desire
to cross examine Dr. Sonneborn on the testimony that he has alrea
adduced before the Court. Is there anyone in Court who desires
to cross examine this doctor in this matter?
( NO RESPONSE)
THE COURT: I believe that will be all. You are excused,
Doctor.
(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 tra
q The foregoing record of the pr ceedings upon the hearing of the
above cause is hereby approved an~d·rec
\ By the
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