HomeMy WebLinkAboutOC1970-0686 - ESTATE OF BAUM...J
Form for Guardian or Trustee
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Estate of.....LINDA....aAllM......<.D..QN..:iYQY.....ID.g.r..+..i.g.9.~..
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Date of tt;Ist.Se tember 19 1967orguardlanshlp.l?!.
If there have been former accounts
filed in this estate,list:
Filed at No of 1fJ(,7..0
Fiduciary D...t K€!..~.t.b M.€!.l.€!.xlY..~.§.r..,~.?.9..t••1 .
Guardian...
Place of record
of appointment...NQ..~:.Q.?.g ,QJ J.:.2.~..$.Q.~.Q.I!..
jp 8~~177()
None filed.0'•
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Reason for filing this account...F..Qrme.r:...lX\in.o.r....b.e.c.~u:U~.....2..l....y..~.9..t'.§....9..t.....g.g§.....QD.....0.:g.t\y.g.t'.y......2.,.....1.~.7..9 .
All persons having any interest,vested or contingent (including claimants),in the fund now before the Court,
with the nature of their interests are:
Linda Baum Cooper -former minor -entire estate balance.
Claim against fund admitted:Department of Public Assistance
'~r.David E.Brougher $153.00 (amount to be determined);also
cqarleroi-Monessen Hospital $35.00 claim admitted insofar as the amount
Towne Casuals $.28.00 r distributed for the support of the
Gezzer's Pharmacy ~$30.00 minor,but not admitted insofar as
Dr.Joseph J.Buch $30.00 any amounts for the support of minom
Porter's Jewelry Store $13.00 spouse or children.
Other debts not admitted to beAllofsaidpartieshavereceivednoticeasrequiredbytheCourtRulesexceptasfollows:1 .0 t f dcalmsagalnsun:
No exceptions.Colonial Finance Co.$3,000.00
Porter Finance Co.$500.00
The fund now before the Court is subject to the following taxes:
None.
Set forth any legal problems requiring adjudication by the Court or difficulties that must be met in distribution:
None
Balance for distribution per account,Principal $~.,9..§.Q.~..!.?..
Additional debits not shown in account:
(Indicate whether income or principal)
Additional credits not shown in account:
(Indicate whether income or principal)
Additional credits as admitted
as claims against the fund from
page one
Income
Total additional debits
Total additional credits *
$.
$..
$?.§.~..~.Q.Q .
Balance for distribution Principal $.
Income $..
Total $..
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If the balance for distribution is not in cash,list items held in kind with carrying value designated,and if this is
a distribution account,file elections to take in kind for all items so listed:
Balance for distribution consists solely of cash.
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*This fiqure does not reflect thePubl~C Ass~stance tor the support
will be added by addendum to this
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claim admitted bv.the DeQartment ofrendereototnem~nor ana tue t~gure
petition.
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Set forth accountants suggestion as to manner and form of distribution to be made,awards to be stated in pro-
portions unless specific amounts or items are designated by instrument under which estate is being distributed:
To Linda Baum Cooper-former minor-entire balance after cost of audit
of this accounting.(See Stipulation of former minor attached hereto.)
Claim against fund admitted
Dr.David E.Brougher
Char1eroi-Monessen,Hospital
Towne Casuals
Gezzer's Pharmacy
Dr.Joseph J.Buch
Porter's Jewelry Store
:-""...to.
COUNTY OF WASHINGTON,
COMMONWEALTH OF PENNSYLVANIA,
$153.00
$35.00
$28.00
$30.00
$30.00
$13.00
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The above named Fiduciary or representative thereof,
being duly ~.w..Q~.n.doth depose and say that the
facts set forth in the foregoing petition are true to the
best of..........hi.s.•:....../.....knowledge and belief.
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....S:YlQ.rn to and'subscribed before me
This ,,.4.9.,tJl:day:'Of J.~ll-a ¥~7'1967.0"-,.~.~<-1 /
Signature of Offi~.i~52:~
Title of Officer N.9..t.~.fY.r.~P.J~.9..
Office expires ~~Es::.~3..~.!~.~.??..
EILEEN R.MURPHY,Notary Public
Charleroi,Washington County,P'enna.
My Commission Expires March 28.1972
And your petitioner will ever pray,etc.
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IN THE
ORPI-IANS'COURT
OF WASHINGTON COUNTY
,FORM USED FOR GUARDIAN-INCOMPETENTS
-OR TRUSTEES
No of 1~1.0
ESTATE OF..LIND1.\EAUM (tib.'vi.;.,15y .
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FOR ..
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....D........KEI.TH...ME~R.,..~.Sp.ar.d.ian •
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Counsel for th~c&itmtant shall-;,!Jlbrriit herewith the4911o"Y~g;if pertiB,ent:
o£::;:o.--"'-'Will or trust iIfSfrument-attested.-or-6Inventory.::t>U>(..;v.
Signed elections of items t~e taken in kind-
if distribution account.
4.Stipulation or certificate by minor approving
account.
5.Praecipe for those represented.
6.Brief-for any question of law raised.
1.
2.
S.
..J~1JJ.;r..p.hy gnd F.r.gJ1.Q.~" .
Counsel for accountant.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COWNTY,PENNSYLVANIA
ESTATE OF LINDA BAUM
(now by marriage Linda Baum of 1970
Cooper),a minor :Orphans'Court Division
DECLARATION AND REQUEST
FOR CONFIRMATION OF ACCOUNT
I,the undersigned,Linda Baum,(now by marriage Linda
Baum Cooper),do hereby certify that I was born on January 9,1949
and became 21 years of age on January 9,1970;that I have
examined the account of D.Keith Me1enyzer,my Guardian,and I
am satisfied therewith,and hereby request its confirmation by
the Court.
I hereby further certify that I am a citizen of the
united States of America.
witness my hand thisor~~day of January,1970.
WITNESS:
Linda Baum
Linda Baum Cooper
STATE OF PENNSYLVANIA,
WASHINGTON COUNTY,~55:
The within named Accountant being duly sworn according to law,depose and say that the above account
as stated is true and correct as ~.~verily believe,
Sworn and subscribed before me this ~2.9.th .
day of !I?!!:l.~;t;".~y __..__~'.19.7..Q .
~Ji'7.!1~-----
EILEEN R.MURPHY,Notary Public U
Charleroi,Washington'County,p.enna.
My CommissioR Expires March 28.li7a
Wa1shington County,ss:I do certify that I have given legal notice 'to all persons
concerned of the filing of the within account in the manner
prescribed by Sta'tU'te and Rule of Court,as evidenced by proofs
thereof med to Nob3::.10::3.70 pi:-
Witn ss my hand andofficial 'seal thiS..3l_...._..
70dayof..._.\A...I\I...""'!o••~.\I:lA,;:..~..~_:.~-_::---------~--::
Register of Wills
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IN THE COURT OF.COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF LINDA BAUM
(now by marriage LINDA BAUM
COOPER},a minor.
··
··
FIRST AND FINAL ACCOUNT
OF D.KEImH MELENYZER,ESQ.
GUARDIAN OF THE ESTATE OF
LINDA BAUM COOPER
Cash on Deposit,Charleroi Federal Savings and
Loan Association,Charleroi,Pennsylvania,
Account Number 1609,Balance as of December
31,1968
Expenses:
$4,310.12
Guardian's Fees
Attorney to Guardian
Total Espenses
Balance for Distribution
)Plus interest from 12/31/68)
$100.00
$250.00
$350.00 $350.00
$3,960.12
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~p.::_..ESl'p.t'JiJ'OPnow,marrled,andknown.as
LINDABAuM-c6oPER,formerly
a minor.
NOTICE OF Or.AI~iPtrftSUAJ{m TO
FJ:DUGIARES.AGT/OF'-.£94'9rl
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COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNA.Orphans'Court Division
No.
,
I -1 f '.i 1L.I 'J
.J'
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IN RE:
ESTATE OF LINDA ~
COOPER
CLAIM OF COMMONWEALTH OF
PENNSYLVANIA,DEPARTMENT
OF PUBLIC WELFARE
LAW OFFICES
PEACOCK,KELLER,YOHE a DAY
EAST BEAU BUILDING
68-70 EAST BEAU STREET
WASHINGTON,PA.15301
'71 S[:-'7 r!;2 /0
RU····!'.,'r";Il.lJ
::EGIS I L ,-:(Ji-"':,'ILLS
1:/ASI-j P':'~iON CO..PA.
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COURT OF COMMON PLEAS OF WASHINGTON COUNTY
ORPHANS'COURT DIVISION
IN RE:(
(
ESTATE OF LINDA 8.COOPER (No.1970
(
PRAECIPE FOR APPEARANCE
TO:RUSSELL A.MARINO,CLERK OF THE ORPHANS'COURT DIVISION:
Enter our appearance on behalf of the Commonwealth of
Pennsylvania,Department of Public Welfare,a claimant in the
above captioned case.
YOHE &DAY
Date:December 2,1970
I
,......
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Commonwealth of Pennsylvanifl
Department of Public Welfar-e
DPA Form 193 -Rev.7/58
PROBATE OF ACCOUNT
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF ALLEGENY )
1 @ $148.70
2 @ 102.00
1 @ 34.50
6 @ 122.00
22 @ 135.00
$4,089.20
On the 30th day of November 30•.,19 70 ,
before me a Notary Public in and for said county,personally came~-:-_-::--~_
Isaiah Davis,Jr,,who being duly sworn according to law deposes and.
saith:That he is an agent and representative of the Department of Public Welfare of
the Commonwealth of Pennsylvania,duly authorized to certify claims for assistance
granted to beneficiaries by the said Department of Public Welfare,or by a:ny other
agency of the Connnonweal th of Pennsylvania to which the said Department of Public
Welfare is the successor;that there is now due and owing to the said Department of
Public Welfare of the Commonwealth of Pennsylvania by Walter W.&Lima J.Coo er
the sum of Four Thousand Ei ht -nine - - - - - - - - - - -20 100***
Do]]ars ($4,089.20 )and that the same represents assistance rendered as follows:
Aid to Dependent Children:
August 19,1969 .
September 11,1969 to September 24,1969
October 4,1969
October 10,1969 to December 24,1969
January 12,1970 to November 24,1970
Assistance Received
Since the above is currently receiving assistance,the claim will be increased
to include all checks accepted subsequent to the check of November 24,1970.
Affiant further avers that the Department of Public Welfare of the Common-
wealth of Pennsylvania has never received the aforementioned amount,or arv part
thereof,directly or indirectly;and that the abOVe account is correctly copied from
the books of original entry,and that the charges therein contained,with their dates,
are correct and true as stated.And further saith not.,
C
Swol'n and subscribed before me
~the day and year aforesaid
.~'u'~~~.~~.~o~~COMMISSION EXPIRES •
MAY 25,1971
~OTICE OF C~
RE:LINDA BAUM COOPER
AND NOW,comes Colonial Consumer Discount Company,and
makes a claim with respect to the above in the amount of $2,501.60
which was a loan made on July 31,1968.
(
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ccunT C~CCMMC'N'PtJ~~AS CI:'
WASHINGTON COUNTY,PA,
ORPHANS'COURT DIVISION
No.63-70-686
//
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ESTATE OF:
LINDA BAUM,now LINDA BAUM
COOPER,'a minor
EX CEPTIONS TO ADJUDICATIO
AND DECREE AND SCHEDULE
OF DIST'RIBUTION
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EAST BEAU BUILDING
68-70 EAST BEAU STREETWYPA.,530'
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LAW OFFICES
KELLER.YOHE &DAY
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COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
ESTATE OF:
LINDA BA UM,now LINDA BA UM
COOPER,a minor
)
(
)No.63-70~686
(
)
EXCEPTIONS TO ADJUDICATION AND DECREE
AND SCHEDULE OF DISTRIBUTION
TO:The -Honorable"the Judges of this Court:
-:d;
AND NOW,the 3Q~~ay of September"1971"claimant"
Commonwealth of Pennsylvania..Department of Public Welfare"by it's
attorneys,Peaeoc,k..Keller"Yohe &Day..excepts to the Adjudication and
Schedule of Distribution of the Honorable p.V.Marino"the auditing Judge..
dated the 22nd of September..1971"for the following reasons:
1.The learned auditing Judge erred in failing to award the sum
of Four Thousand Eighty...nine and 20/100 ($4"089.20)Dollars~or the remain...
ing balance for distribution"to the Commonwealth of Pennsylvania..Depart,.;,
m,ent of Public Welfare"in accordance with the Probate of Account provided
to the Court at audit.
2.The learned auditing Judge erred in awarding only Four
Hundred Forty...eight and 55/100 ($448.55)Dollars to the CommElnwealth of
Pennsylvania"Department of Public Welfare.
3.The learned auditing Judge erred in awarding Two Thousand
Seven Hundred Twenty and 57/100 ($2,720.51)Dollars"the balance for dis...
tribution in cash,to Linda Baum Cooper.
4.The learned auditing Judge erred in adjudicating the claim of
the Commonwealth of Pennsylvania"Department of Public Welfare..and erred
in failing to make Findings of Facts and Conclusi0D:s of Law in support of the
September 22"1971 Adjudication and Decree.
1 '.•'
5.The Commonwealth of Pennsylvania"by virtue of Sections
3 and 4,of theSupp0rt Law of 1937"as amended,62 p.S.Sections 1973,1974"
is entitled to reimbursement for funds provided to Walter W.Cooper and
Linda Baum Cooper,his wife"from the sole and separate funds in the name
of Linda Baum C00per alone held by the guardian i'n this account.For the
Four Thousand Eighty-nine and 20/100 ($4"089.20)Dollars in the form of
aid to dependent children provided to Walter W.Cooper and,Linda Baum
Cooper"his wife"any solely owned property of Linda Baum Cooper is liable.
While it is true that at common law a husband alone was liable
for the support of his family"Pennsylvania's Statutory Law has',preserved
this liability and created a secondary liability against the wife under cir-
cumstances such as the instant case.See Berger"T /A)Empire Store
Company versus Mucha)51 Lackawanna Jurist 157 (1946).It is also clear
that under the Support Law,62 P.S.1973,while the common law liability of
the husband for the support of his family is retained,a reciprocal duty is
imposed upon the'wife to support her family.Thus"as between·the wife and
the Commonwealth supplying public assistance)the support of the family is
an obligation primarily owned by her.See Commonwealth versus Heinbaugh oJ
5 Fayette Legal Journal,127 (1940).More recent support for the propositio 11
that a 'mother can be primarilyliable for'the support of her children (even
vistioa.,;,vis her husband in his action for support agailfst her"is found in the
t
unreported Franklin County decision 'of Commonwealth ex reI.Polk versus
Polk (No.219,1970 Nonsupport)holding a mother legally resf)onsible for
contribution to the support of her children).
WHEREFORE,exceptions are hereby taken to the September 22,
1971 Adjudication in:this estate and the exceptant respectfully requests this
Honorable Court to enter an Adjudication and Decree awarding a distribution
of Four Thousand Eighty-nine and 20/100 ($4,089.20)Dollars,or the remain-
ing balance in this estate,to the Commonwealth of Pennsylvania,Department
.~
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of Public Welfare~for its claim against this estate.
Respectfully submitted,
PEACOCK,KELLER~YOHE &DAY
By
Roger •E er
.'
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COMMONWEALTH OF PENNSYLVANIA)
(SS:
COUNTY OF WASHINGTON )
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Before me,the undersigned authoritY;1 personally-appeared
ROGER J.ECKER,attorney for the exceptant,Commonwealth of Pennsylvani ,
Department of Public Welfare;1 who,being duly sworn according tOlaw deposes
and says that the facts set forth in the foregoing Exceptions to Adjudication
and Decree and Schedule of Distribution are true and correct as he verily
believes and further that these exceptions are not intended for the purposes of
delay.
.Sworn to and subsc ribed
before me this :3 0 -H,day of
J~~'A'~~~~~-="='~,Nota P lic '".
Mary Jane Smith,Notary Public
Washington,Washington County,Po,
My Commission Expires
February 28,1973
RALPH W.PEACOCK
CHARLES C.KELLER
DAVIS G.YOHE
REED B.DAY
KENT C.PUTNAM
ROGER ..J.ECKER
LAW OFFICES
PEACOCK,KELLER,YOHE &DAY
EAST BEAU BUILDING
68-70 EAST BEAU STREET
WASHINGTON,PA.15301
AREA CODE 412
222-4520
September 30,1971
J
Honorable P.V.Marino
Washington County Court House
Washington,Pennsylvania 15301
In Re:Estate of Linda Baum Cooper,a minor
No.63-70-686
f (
Dear Judge Marino:
Pursuant to the :rules of the.Orphans'Court Division of the Court
of Common Pleas of Washington County,we hereby give notice of the
filing of the enclosed Exceptions in the above entitled estate.
By a copy of this letter with this enclosure,all attorneys of record
have been given notice of the filing of these Exceptions.
Very truly yours,
PEACOCK,KELLER,YOHE &DAY
B
RJE:sef
Enclosure
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~n t4t aLourt of Qtommnn 'lrus of lIusqingmu arouuty.
Jrnnsylnuniu,(@rp4uus'aruurt ijinisinn
ESTATE OF No..i,1'8 686 at I f.72J
Linda Baum now Linda Baum In the matterofthe First and Final
Cooper,a minor Account of D.Keith Melenyzer
Guardian
ADJUDICATION AND DECREE
And now September U ,19-.11..,this matter came on for hearing,
audit and distribution at this session and testimony taken;and thereupon,upon due consideration
thereof the balance for distribution in ithe hands of the Accountant is determined to be
$3,960.12 and the account is accordingly confirmed;and it is ordered,
adjudged and decreed that the said balance be paid out by the Accountant in accordance with the
schedule of distribution hereto attached and made a part hereof,unless exceptions hereto be filed
sec.reg.or an appeal be taken herefrom sec.leg.
SCHEDULE OF DISTRIBUTION
Balance per account 1
Balance _
Deduct Clerk's Costs &Receipts and cos ts per praecipe
Attorney Murphy &France
F.J.Buckley Insurance Agency,guardians
Bond Premium,
Commonwealth of Pennsylvania,Department of
Public Welfare,(Peacock Keller Yohe &Day,
Esqs.with Roger J.Ecker),claim for assistance
to former minor,
Joseph F.Santoni,(Victor E,Riva,Esq,),
claimant,rents,allowed in the amount of,
Dr.David E.Broughter,claimant,
Charleroi-Monessen Hospital,claimant,
Towne Casuals,claimant,
Gezzer's Pharmacy,claimant,
Dr.Joseph J,Buch,claimant,
Porter's Jewelry Store,claimant,
Linda Baum Cooper,balance,cash,
34.00
168.00
$3,960.12
$3,960.12
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NOTE:The above balance for distribution,showr as $396D.12,
should properly be increased by interest accrued pn the
principal fund since December 31,1968 and such a~crua1s
distributed to the former minor together with the sum of
$2720.57 as shown,.
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ESTATE OF No.63-70-686
.Linda Baum now Linda.Baum In the matter of the First and Final
Cooper,a minor.Account of__D=.•...:Ke=i:.::t=h:....iM=e=:=l=e:=:nn~e=<Jr~__
Guardian
$3,960.]2Balanceperaccount._
AMENDED
ADJUDICATION AND DECREE.-
And now November ~19~,this matter came on for hearing,
audit and distribution at this session and testimony t&ken;'and thereupon,upon due consideration
thereof the balance for distribution in the hands of the Ac.countant.is deter~i,:ed to be
$3,960.12 and the account is accordingly confirmed;and It IS ordered,
adjudged and decreed that the said balance be paid out by the Accountant in accordance with .the
schedule of distribution hereto attached and made a part hereof,unless exceptions hereto be flied
sec.reg.or an appeal b~taken herefrom sec.leg.
AMENDED
SCHEDULE OF DIST
Balance'-...._$3,960.12
Deduct Clerk's Costs &Receipts and costs per praecipe
Attorney__Mu...rp~h..t"ly~&_Flo:....rua~nol.lo.cillle'---------------1
F.J.Buckley Insurance AgencyI guardians bond
premium,
COJn!D.onwealth of Pennsylvania,Department of Public
Welfare,(Peacock,Keller,Yohe &Day-I Esqs.with Roger
J.Ecker),claim for assistance to fonner minor per
compromise as agreed to by the parties,
Joseph F.Santoni,(Victor E.Riva,Esq.),claimant,
rents,allowed in the amount of
Murphy and France,Esqs.,additional Attorneys
Compansation for extraordinary services,
D.Keith Me1enyzerl additional compensation as
guardian,
Dr.David E.Broughter,claimant,
Char1eroi-Monessen Hospital,claimant,
Towne Casuals,claimant,
Gezzer's Pharmacy,claimant,
1200.00-$2,558.12
300.00-$2,258.12
350.00-$1,908.12
200.00
$1,708.12
153.00--$1,555.12
35.00.$1,520.12
28.00.$1,492.12
30.00-$1,!~62.12
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Dr.Joseph J.Bueh,claimant,
Porter's Jewelry Store,claimant,
LindaBaum Cooper,balance,cash,
30.00•
13.00
1412.12L _
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$1,432.12
$1,t~9.12
No balance
MarE:The above balance tor distribution,shown as $3,96(.12,~houJd
properl,.be increased by interest accrued on the pl incipal ftlind
since December 31,1968 and such accruals distribu1.ed to the
former minor together with the sum of $1,419.12 as shown.
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IN THE COURT OF COMMON PPEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
LINDA BA UM,now
COOPER,«Z~a minor.
VIz
ZIIIII.
ie~BEFORE:iVI~
)
))
)
)No.686 of 1970
)
)
)
)
HEARING'ON AUDIT
THE HONORABLE P.VINCENT MARINO,Judge
of the said Court.
Monday,SeptelTIber 14,1970,at 1:30 o'clock P.M.,
EDST.
MURPHY &FRANCE,ESQS.,of Charleroi,Pa.,
representing the Accountant,
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ti~APPBARANCES:VIii
.I«Uii:::l.,TIME:~III
uiII:IIIl-f THE COURT:Number 686 of 1970,the estate of Linda Bal,lm,new
~~
~Cooper,a minor.The Guardian is D.Keith Melenyzer and the
:::loo~attorneys are Murphy &Fitance.Mr.France?
Uii:~MR.FRANCE:There are se:veral claims against this estate that
are admitted.There is a possible claim against the estate that is
not admitted as a claim against the estate.There are two such claims.
Those being amounts borrowed from two.finance companies in the
amount of $,3,000.00 from Colonial Finance Company in Charleroi ar d
$500.00 from Porter Finance Company in Charleroi.These monies
were borrowed by the former minor and her husband.So far as I
2
know,the payments are being kept up to date .on thes e loans.But
we have not admitted then as a claim against the estate of the minor.
THE COURT:Have both of these creditors been notified?
MR.FRANCE:·I believe they hav~,Your Honor.I would like the
opportunity to confirm this though,before the audit is deda::rc€'dd
closed.
~z .~THE COURT:Yes.Well,we would naturally set a date for a hear 'ng
.J>-Ul~on these if there is any prosecution of the claims.
III11..
ig MR.FRANCE:I believe the other one would call for a hearing.
ez
~.And I think it can 'be very very brief beca\.lse I believe we have arrivEd
~
Now bas the Department of Public Assistance
children.
this couple ffi.e>r the support of the former minor's husband and Of!:he.T
minor,but would not admit it as to the amounts that were paid to
claim against the estate for that share of the Public Assistance
Public Assistance.The minor,her husband and some children of
this couple·had been on Public Assistance.We would admit to a
which was devoted for themaintena~ceof the minor or of the former
at the figure which we can agree.That is a claim of the Department ( f
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THE COURT:
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represented by anyone here today?Have you communicated with
the Department?
MR.FRANCE:Yes,we have communicated with the Claim Settlen ent
Division at the State Office Building in Pittsburgh and as of April
7,1970,they have---they would seem to make a claim against the
./3
trust fund of Linda Cooper for $448.55.Arid they have a breakdown 7;
on Walter and Linda Cooper for aid to dependent children of almost
$1800.00.They do not actually say in this correspondence that they
•,
will not make a claim against her estate for the entire amount,but
since they had 1;lroken it down at this time I am going to assume that
we can reach an agreement on this.However,a very shorthearing
~z~would probably be well advised.'
..'7'>-en~THE COURT:All right.You will advise the Court when you are
IIID.
io ready for that?I-CIZ~MR.FRANCE:Yes.
.~
any claim on this.However,I believe an opportunity for a hearing,
should
if any is necessary,/be a'fforded them-'at the same time.
MR.FRANCE:,
..
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0:o~,hearing?
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MR.FRANCE:
THE COURT:
minor IS estate ?
THE COURT:
Now with regard to the finance companies?
Yes.I do not think the finance companies will makE
"Will you report to the Court whether they,desire a
Yes,I will.
Thos e are the outstanding claims?
That's the entire claims against the estate.
Is there anyone else in Court interested in this
(NO RESPONSE)
The audit of this account will be ordered closed,,
subject to disposition of thd claims which have been presented.
(AUDIT CLOSEJD )
L-_
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F.J.BUCKLEY Insurance Agency
"INSURE and FEEL SECURE"
DATE
INVOICE
March 31,
AUTOMOBILE
Phone 745-5450
FIRE
BONDS
PLATE GLASS
25 N.JEFFERSON
BURGLARY
LIABILITY
To Keith Me1enyzer
419 Fa11owfie1d Avenue
Charleroi,Pa.15022
CANONSBURG,PA.15317
RENTS COLLECTED REAL ESTATE
MORTGAGEE:
RENEWAL DATE POLICY NUMBER COMPANY PROPERTY AND COVERAGE AMOUNT PREMIUM
9/22/67 to 68 16-1085-$7 U.S.F.G.Guardian Bond -Linda Baum $10,000.$60.00
{67-68 bond paid 12/4/67 $60.00
9/22/68 to 69 16-1085-67 U.S.F.G.Guardian Bond -Linda Baum $10,000.$60.00
(we were toll this estate was closed ~n Dec.;credit of $48.00 was gi en,$12.00 pa id 1/9/69)
9/22/68 to 69 16-1085-67 U.S.F.G.Guardian Bond -Linda Baum $10.000.$48.00
(credit of $8.00 rechar€ed because bpnd must remain in force)
9/22/69-to 70 16-1085-67 U.S.F.G.Guardian Bond -Linda Baum $10,000.60.00
9/22/70-to 71 16-1085-67 U.S.F.G•Guardian Bond -Linda Baum $10,000.60.00.
Amount Due ..• ••• •
.$168.00
J
POLICIES SHOULD BE RETURNED IMMEDIATELY FOR CREDIT,IF NOT WANTED.
~.\.
-
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COURT OF COMMON PLEAS OF
WASHINGTON COUNTY.PENNA.
Orphans f Court Division
No.63-70-686
IN RE:
ESTATE OF LINDA BAUM.
now LINDA BAUM COOPER.
a minor
PETITION FOR EVIDENTIARY
HEARING
LAW OFFICES
PEACOCK,KELLER,YOHE &DAY
EAST BEAU BUILDING
68·70 EAST BEAU STREET
WASHINGTON,PA.15301
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COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:
ESTA TE OF LINDA BAUM,
now LINDA BAUM COOPER,
a minor
(
(
(No.63-70-686
(
(I
PETITION FOR EVIDENTIARY HEARING
TO THE HONORABLE,THE JUDGES OF THIS COURT:
Comes now claimant,Commonwealth of Pennsylvania,Department
of Public Welfare,by its attorneys,PEACOCK,KELLER,YOHE &DAY,
and makes the following petition:
1.At the December 12,1970 audit hearing in the above entitled
case,the Department of Public Welfare introduced evidence of its
claim in the amount of $4,089.20 against this estate by introducing
the probate of account for Linda Baum Cooper.
2.Although neither the guardian E.Keith Melenyzer,Esquire,
nor the attorney for the guardian,Jack H.France,Esquire,who was
not present in court,acquiesced in the payment of this claim,the
probate of account was admitted into evidence without objection.
3.As there was no objection to the introduction of the probate
of account,the Commonwealth presented,and the court required,no
further testimony to establish the nature,kind,amounts,basis,duration,
source and purpose of the assistance provided to Linda Baum Cooper
and her family,which was the basis of the Commonwealth's claim.
4.On September 22,1971,the Honorable P.V.Marino,
handed down an Adjudication,Decree and Schedule of Distribution in
this case,to which the Department of Public Welfare has filed its
exceptions.
5.The Department of Public Welfare avers that in order for
this Honorable Court to make proper findings of fact and conclusions
of law and in order for this Honorable Court to make a proper adjudica-
tion .with respect to the Department's claim,a further evidentiary
hearing is necessary to establish the nature,amounts and basis of the
Department's claim against this estate.by testimony of caseworkers
and representatives of the Department's Claim Settlement Division.
WHEREFORE,the Department of Public Welfare respectfully
requests this Honorable Court to order a further evidentiary hearing
to hear testimony from the caseworkers and claims settlement repre-
sentatives from the Department of Public Welfare in order to establish
the nature,amount and basis of the Department's claim in this estate.
Respectfully submitted,
PEACOCK,KELLER,YORE &DAY
-2-
COMMONWEALTH OF PENNSYLVANIA (
(SS.
COUNTY OF WASHINGTON (
BEFORE ME,the undersigned authority,personally appeared
ROGER J:ECKER,ESQUIRE,who,being duly sworn according to
law,deposes and says that the facts set forth in the foregoing Petition
For Evidentiary Hearing are true and correct as he verily believes.
Sworn to and subscribed
before me this ~day of
&r;J~,A.D.1971itL~o;J"a(,d'
Mary Jane SmIth,Notary Public
Wasblngton,Washington County,PI.
My Commission Expires
February 28,1975
COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF LINDA BAUM,
now LINDA BAUM COOPER,
a minor
(
(
(No.63-70-686
(
(
ORDER
AND NOW,the 4 day of _~~~\-.::.~_/--=_/=-.r,~,------,,,,,,,."",./~.,1971,upon
consideration of the within Petition,it is hereby ordered that a further
evidentiary hearing to hear testimony of the caseworkers and claims
r~presentatives"._r the Department of Public Welfare is set fo~theoq-..,.e;-,""'l--
3t:{day of ll1~at ;"1 Co o'clock t-Mo'in
Court Room ~in the Washington County Courthouse.
\,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
ESTATE OF LINDA BAUM,now :
NO.63-70-686
LINDA BAUM COOPER,a minor.
R E C E I P T
AND NOW,this 15th day of December,1971,I hereby acknow-
ledge to have received from Murphy and France,Attorneys at Law,
per Amended Adjudication and Decree in the above entitled action
dated November 5,1971 the sum of $1,419.12 plus interest accrued
on the principal fund since December 31,1968 the sum of $955.45.
L~nda Baum
now Linda Baum Cooper
r--------I"!---------------,--------------------------------.-----
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA
ORPHANS'COURT DIVISION
HEARING ON MATTER OF CLAIMS
tiii:I-5 APPEARANCES:
No.686 of 1970
)
)
)
)
)
)
)
)
)
Wednesd,ay,December 2,1970,at 10:00
o'clock A.M.,EST.
ROGER ECKER,ESQ.,of Washington,Pa.,
representing the Commonwealth of Pennsyl-
vania,Decpartmntent of Public Welfare,
Claimant.
VICTOR E.RIVA,ESQ.,of Charleroi,Pa.,
representing the Claimant,Joseph F.Santon.
THE HONORABLE P.VINCENT MARINO,
Judge of 'the said Court.
now
ESTATE OF
LINDA BAUM,
IN RE:
~LINDA BAUM COOPER,
~,
>~a former minor.
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THE COURT:
Joseph Santoni
Gentlemen,it a'ppears that Mr.France,represent ng
2
the estate here,is unable ~(1))come/shortly/for thishhearing.'And I
talked with his associate,Mr.Murphy.Mr.Murphy says that
perhaps Mr.France will be able to come in a half hour or so.And
Mr.Murphy suggested that we might hear some of the testimony
that is pertinent in these matters today.So I am going to permit
at this ·time.Then we will consider the other's who are here/
Mr.Riva who"represepts one .of the claimants to present his case
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.after Mr.Rivals case is concluded,
witness please?,
Mr.Riva,will you call you
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Q JOSEPH F.SANTONI IS CALLED AND SWORN.
:J.,
:J:5 DIRECT EXAMINATION BY MR.RIVA:
Do you know a party here by the name of Linda Baum,now known
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.Q
Will you ,state 'your name please?
Joseph Santoni.
VVhere do you reside,·Mr.Santoni?
133 LindeI'!-Avenue,Charleroi.
,..
as Linda Baum Cooper?
A Yes.
Q Do you know her husband?
A Yes.
,"
Q What is his name ?
A
Q
A
Q
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Q
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Joseph Santoni
Walter Cooper.
Are they in Court at this moment?
Ye$,sir.
Do you own any property in Charleroi other than where you reside
Yes,sir.
Where is that property located?
637 Fallowfield Avenue
What kind of a building is that?
It's an apartment building,four floors.
Is anyone in Court here one of your tenants ?,
Mr.and.Mrs.Walter Cooper.
How long have they been your tenants at this apartment in Charlero ?
Approximately 3 years.
And you are in Court t:nis morning in what capacity?
~o collect some rent that haEm 't been paid for seven months.
From what dat e do you "claim rents in arrears?
From the 21st of May of this year.
1970 ?
Yes.
Up to and including?
November 21.
The present time and in the future here on in.
Yes.
That's a total of how many months in arrears?.
3
Joseph Santoni
A Seven months.
Q What is the monthly rate of rent?
A $50.00 a month.
Q Is there any written lease between you and them?
A No.It was an oral l:®ase that we had.
Q This oral lease has been in effect for how long?
A How long they have ,been~th'~re"approximatelythree years.
Q ·Did'you make any effort iri the past before this arrearage took plac
to collect other rents?
A,Often~Evey month•.I've always had---just about always I've alwa)s
had to go ,get the rent.
IQHave you had difficulty until May 21st,then the rent stopped for what
reason?.
A They always were several months in arrears,then they told me..
"
that---Mrs.Cooper-told m.e she was going to inherit some money
.;
and if I would wait that I would get it all at one time.
Q So your total claim right now amounts to what?
A $350.00.
Q I have no other questions,Your Honor.
4
THE COURT:Mr.or Mrs.Cooper,do you wish to ask this
gentleman any questions?
MR.COOPER:
THE COURT:
Just one.
Will you come over here and sit at the table-please·
so that we can hear you?What is your firs t name?
Joseph Santoni 5
MR.COOPER:Walter Cooper.
THE COURT:What is the question you wish to ask?
MR.COOPER:The heat.My heat is included in my rent.I should
have a deduction for tha t heat.There's been no heat in the apartmept.
THE COURT:Does he have an answer for that,Mr.Riva?,
MR.RIVA:I will have to ask Mr.Santoni some more question
~z~For this $50.00 a month,what do you provide?....',>-01~A Water and heat;for the three years we did provide the water and he fl-t.
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Zg Since May of this year there's no heat from May,June,July,Augu pt,
~,z
i:01 September,October,;for tho:se summer months there's no heat.0(~
there's nobody in there.Ask him when he left,Your Honor.
the building this month because of a parking lot that's taken over.
to the apartment.I've gone in several tim es the last two weeks arid
A You'll have to 'ask them.I've been up to the apartment.I have a kE y
Mr.Cooper,are you presently occupying this
No.
When did you vacate it?
I left whenever he called my wife and told me if I
When did they vacate?
Are they presently in the place?
Are you supplying them heat at the present time?
,A
MR.RIVA:
MR.RIVA:
MR.RIVA:
apartment?
MR.COOPER:
MR.RIVA:
MR.COOPER:
.-A Nobody is in the-apartment right now.
A No,because there's nobody in there.We had to ask everybody to lEave
fl\'1IR.RIMA;.1-'Ua:l-.!!!
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didn't get out he would burn me out.
6
MR.RIVA:
MR.COOPER:
MR.RIVA:
MR.COOPER:
MR.RIVA:
What aate was tha t you moved out?
I don't know,about two weeks ago.
Approximately about the middle of November?
Yes.
Then the rent then would be that from May 21st to
.'the middle ,of November,'Jfhat would be in question he re.And sinCE ~.~
,,
Mr.Santoni made the statement under testimony here that May,
June,July,August,S~ptember and October you don't supply heat
normally,then he w6uldbe derelict about maybe a half monthss
failure to supply heat.
THE COURT:What type of heat is in the building?
A Swam heat,Your Honor.And the.burning,why he would say that,
there's a bitterness in their hearts.For them to say I would burn
them out,I would have thrown them out threeE:;years ago but in all
'-,
.'fairness I've carr\ed <them all these many months.That's the thank~
you get,you see now .
..
MR.-COOPER:That's what you said.
A Do you have a recording of that,I said that?
THE COURT:We can't have a conversation going on here.
A How can I dispute that,Your Honor?
THE COURT:I will ask you,sir,do you deny that yOLi made the
statement to Mr.'Cooper?
A To burn them out?
Joseph Santoni 7
lfHE COURT:Yes.
A Yes,sir.
THE COURT:All right.
MR.RIVA:I'd like to ash Mr.Santoni a couple more questions
here to establish his standing in the community.What business are
you in in Charleroi?
..
-.,i
You have bee'n a resident of ~he ,Borough of Charler:>i
,"How long haveyou been in the restaurant business?
y
21 years.
In the restaurant business.,.
I,
0(z'0(~A>-UlZ~MR.RIVA:
II.
i~AClziiMR.RIVA:
also for that 'period of time?
For 45 years.'
THE COURT:Now I wish to ask Mr.Santoni,after what date,ca
5 you'gIve uS,"the date this fall wh~re the 'occupants of this building
uiII:'"~were all out and the building was Em1pty with the exception of this
II:oII.r
IIIII:apartment of Mr~Cooper's,did you say that everyone was out of
~:I8 the building?
.I'0(
u A 0ii:ctober of this year.There's still one tenant left and he's an indiv'dual
II.o
by himself and he's asked that he'can heat hims®'lL He didn't need
the heat,which it costs approximately $150.00 a month to heat the
building.And inasmuch as I wasn't getting any rent from this one
other family,illtt wasn't practical to turn on the heat for just one
tenant or two tenants,rather,one that wasn't giving me any money.
Joseph Santoni
CONTINUED EXAMINATION BY THE COURT:
Q What part of the month of October would you generally turn on the
heat in the building?
A In past years we've turned it on approxi mately mid-November becalUs e
it's a brick building and it's self sustaiim..igg'forheat.It's compact.
BTht thus far this year,we've had--October was a comparatively
mild.month.As a matter of (act,it was an average of 75 degrees He
whole month and we didn't need any heat.
How about your hot water?Would it have any connection with the
heating?
No,that was separate,Your Hohor.
And would that be ,yoqr·-hot.water,would that be heated by gas?
By gas.
And each apartment has its own separate heat?
Yes.
,,
So tha"t during the time.tBre Cooper's were in their apartment they
would have had hot water.
Yes.
gentleman?
MR.COOPER:
THE COURErC:
MRS.COOPER:
No.It wouldn't do any good anyway.
Mrs.Cooper,did you have any questions?
I have one thing to say.He called me up on the pho1.e.
He said that if my husband was not out there he was burning down
Joseph Santoni
the building.He called me a liar,a thief and a cheat and he threate ed
to burn down the building.He says,"Noone else is livingHhere."
He says,"I 11 burn it down if you arenIt out."
9
THE COURT:
MRS.COOPER:
THE COURT:
MRS.COOPER:
THE COURT:
MR.RIVA:
,.
statement.
That was over the telephone?
Yes.
Would you state approxirra tely when that was?
Not'right off-hand.It was about three weeks ago.
."
Do you wish to take this up?
Mr.S'antoni,you hearcid Mrs.Cooper.make the
A Yes.A liar and a cheat I did call them because they had lied to
me so many times in the past two or thre.e years and they were
naturally cheating me.
MR.RIVA.You threatened.to burn the place down?
A How areyou going to go burn the place down?It's almost kids
talking.I m not a fireman.
MR.RIVA:
to get them out?
A Certainly not.
Was it your intention to burn the building down
MR.RIVA:It It was just a poor choice of words thatyou used at
the time under the duress tha t you were?
A Yes.
THE COURT:
MR.RIVA:
Any other questions?
No.
THE COURT:You are excused,Mr.Santoni.
10
(Witness excused).
THE COURT:
,MR.ECKER:
Mr.Ecker,did you have a claim here?
If the Court pleasEJ,I am appearing on behalf of Mr
Keller for the Department of Public Welfare and the Commonwealth
of Pennsylvania.The Commonwealth has a claim for past assistanc e
and present ass istance provided for Walter W.and Linda J.Coope ~
in,·the amount currEmt'to November 24,1970 of $4,089.20.And I
have a probate of account notari~ed by the claim settlement agent
"
and I will preseI2-t that to ~heCou,rt as proof of this account for
the Commonwealth's claim,Yru r Honor..'
THE COURT:'.Mr.Ecker,I note that in the probate of this accourt
t4e caption above the figures for e\3:ch particular period states
Aid to.Dependent Children.Now who would the children be?I
don't quite understand that.
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MR.ECKER:
..
"We have received this case on an emergency refer alL
basis,Your Honor.I have been notified that assistance was authorized
for Linda 'J.Cooper and her family on August 19,1969.And that
the claim would be current because current assistance is being
received.I don It know whether the basis for this was children that
the Cooper's have or the fact that Mrs.Cooper herself might have
beEn a minor for part of this period.I am not aware of that.
Perhaps we could ask the Coop~r's if they have children.We just
received this yesterday,YOur Honor.
THE COURT:The sums that are set opposite the various dates,
11
August 19,1969,you have $148.70.Now that would be the total,
would it,rendered to t~ese persons during the period of one weEk c r
what is that?
MR.ECKER:I think what those indicate,Your Honor,are the
number of payments made at that particular amount.For instance,
for August 19,1969,one at $148,(\70,I take it to mean one payment of
$148.?7{0.Whereas,the last line,January 12,1970 to November
24,1970,reads 22 '82 $135.00.I take to mean 22 monthly payments
at $135.00.I note also attached to our file is a referral claim
sheet which states that assistance was provided for this household
consisting of these four persons.
THE COURT:
MR.ECKER:
Who are the four?
Now this would be Mr.and Mrs.Cooper and their
two minor daughters.They do not have the names or ages ·of those
'm inor dau,ghters here.But evidenlliy)that was the basis for the aid
.
to dependent children.
THE COURT:
MR.ECKER:
Ani the total claim here then is $4,089.20.
That is correct.To November 24,1970.I assum
there will be another payment to them in December,§lorn etime in
December,because it's a current account.They are currently
receiving assistance.
THE COURT:Unless they would,inform the authorities that they
are no longer in need of assistance by reason of receiving other
monies.Is that so?
12
MR.ECKER:
THE COURT:
I think that would be correct,Your Honor.
All right.Is there anyone in Court that desires to
question this account or make any remarks concerning same?
MR.RIVA:I'd like to make one remark in this respect,if
the Court p>lease.These monthl,yy payments for welfare,part of
which was to cover rental,and apparently these folks here,rather
than using part of that,that was earmarked for rental,failed to do
so.
THE COURT:.Well,we appreciate your remarks,but we can't g
back to thi's account.We understand that the assistance payments
that are made by the Commonwealth are for food,lodging,clothing
and all otber necessities.And of course,what the reason is that
they didn't pay certain ones of those is their own behavior.We
can't go back to that.
MR.-ECKER:For the record,Your Honor,I would like jus t eto
add the Commonwealth1baiste16i.t.its claim on the su pport law of this
state,the Act of 1937,P.L.2045,as amended,62 Purdons Statutes
1974 and 1975.I add that merely as the statutory authority for the
Commonwealth's claim.
THE COURT:All right.This Court has authority to recognize
the claim of the Commonwealth when it is set out in the manner tha
it is,And when it is sworn and subscribed to in the manner that thO s
probate of account has been handled.Now we ask Mr.Cooper,do
13
you have any questions concerning this probate of acoount and the
monies owed by you and Mrs.Cooper?
MR.COOPER:No.
MR.ECKER:If the Court please,I'd like the record to show tha
e!Dnsideration of this Probate of Account.
claimants in the matter of the estate of this minor,Linda Baum,n w
of any kind,let them be presented at this time.
concerning this Probate of Account?
Mrs ..Cooper,do you have any questions to ask
(NO RESPONSE)
No.
All right.I believe that will dispose of that claim.
And th~t I am handing this to Mr.Cooper for his
.We will so indicate on the record.
Do we have any others represented here in COlr t today,any other
guardian of the minor,which has been filed in this Court and we
are
are now acting on the audit of that account.If there/any other clairr s
Linda Baum Cooper?This is the First and Final Account of the
provide him a copy,but I will give it to the Coopers in his absence.
I am handing a copy,you can see,Mr.France is not here,I was going to
MRS.COOPER:
MR.ECKER:
THE COURT:
THE COURT:
THE COURT:
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THE COURT:All right.That appears to be all the claims we have.
Again,we will.l inquire,[-is there anyone else in Court who has a claim
against this minor's estate?
(NO RESPON SE )
'.
14
THE COURT:We will adjourn.
(Proceedings CLosed).
Testimony transcribed -December 3,1970
.The'foregoing record of the PrOceedings upon the hearing 01.the
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IN THE COURT OF COMmON PLEAS OF WASHINGTON COUNTY,PENNi;.
"t ...ORPHANS'COURT PIVISION.'.'
STIPULATION
WLe'dnesday,November 3,1971,at 3:00 o'clohk
P.M,.,.EDST.
JACK H.FRANCE,ESQ.,of Charleroi,Pa ,-
repres enting Linda Baum Cooper.
.
THE HONORA BLE P.VINCENT MARINO,
Judge o(the said Court,.in chambers.
No.401 of'1970
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"~ROGER ECK·ER,ESQ.,of .Wash.ington,Pa.
and MR.WILLIAm,F ARRE:LL,ESC;.,repreE enting
the Commonwealth of.Pennsylvania,Departrr ent
of Public Welfare.
LINDA BA U1V.l COOPER,
ESTATE'OF
IN RE:
BEFORE:
APPEARANCES:
TIME:
a for;rn,e'r minor.
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THE COURT:.The Commonwealth of'Penns'ylvania,Departr~ent
of Public Welfare represented by.Mr.Roger 'j.Ecker and by lVlr.
William Farrell of the said Department and the guardian of the
minor's estate,Keith Melenyzer,Esquire,have agreed to a stipu-
lation with Jack France,the attorney for Linda Baum,now Linda
2
'Baum Cooper,a minor,to the effect that the claim of the Common'
wealth of Pennsylvania,Department of P'ublic Welfare against the
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estate of said Linda J3aum,a former minor,shall b'e co'mpromised
......")."by the allowance of Hie :sum of $1200.OOon ac~ount of the Common
wealth's claim instead of the former amount allowed in the Court's
Adjudication and Decree 'of September 2~,19.7,1.,which forme~arno,mt
former minor's estate.
"and made of no effect.
(Proceedings Ctos ed).
that we will withd£'aw our exceptions as of this date.;,,
For the 'record,Vie will agree and stipulilte
,'And agree,of course~as you have already.
to the compromise;and the exceptions ,are,therefore withdrawn
complete settlement of th~s claim of the Commonwealth against thiE
is not in addition to th~f~rrrie~a'i1owance of the claim,but is in.
was $448.55.:It is understood and agreed that the $1200.00 compr mise
THE COURT:
MR.ECKER:
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I hereby.certify that the proceedings and evidence are
the above caus e,and that this copy is a correct transcri;(bt of the same.
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