HomeMy WebLinkAboutOC1970-0707 - ESTATE OF AMOS~",,...-'"",.,
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IN THE MATTER OF
DOROTHY AMOS
An Alleged Incompetent
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IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
NO..1x3 94··~7t6~
tt~...10 err-:10'1
PRAECIPE TO ENTER APPEARANCE
Enter my appearance on behalf of the petitioner in the
above captioned matter.
ngles rg
Assistant Atto ey neral
Pennsylvania Department of Justice
1400 Allegheny Building
Pittsburgh,Pa.15219
Gerald Gornish
Attorney General
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'••_f .......
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Dorothy Amos
WASHINGTON COUNTY
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IN THE MATTER OF IN THE COURI'OF CDM40N PLEAS OF
:WAS HINGTON COUNTY,PENNSYLVANIA
ORPHANS'mURI'DIVISlOO
(nane)
Dorothy Amos
An Alleged Ineatpetent NO.63-79-168 19
PErITlOO FOR APPOINlMENT OF GUARDIAN
The Petition of Ray E.Bullard.Jr.•M.D.,Superintendent of
Torrance State Hospital
1.Your Petitioner has custody of the alleged incanpetent
at Torrance State Hospital
2.'Ihe alleged incanpetent was adrnitted to the aforesaid
institution on Jul y 4.1936
3.The alleged incanpetent is daniciled at Beallsville.PA.
4.The alleged inoompetent is ~years of age,having been
May 20.1912boD1on-..;..;.;."'--=-.......,;.~~-----
5.The alleged incanpetent's rnilital:y status is:--:.N.:.::e~v.=..er:.--_
a member of the armed forces.
6.The alleged incanpetent's marital status is:Never---:.=-:..=;...;...---
married
7.Those persons,if any,who are the alleged incx:mpetent's next
of kin and their relationship to same,of whan your Petitioner has knavledge
are as follavs:
Mrs.Roy Conley -Sister -Fredricktown.Pa.15333
Mrs.Leroy Howe -Sister -310 Clinton St.;Ravenna.Ohio 44266
8.No other COUrt within this CCnnIDnwealth of which Petitioner
has knavledge has appointed a guardian for the alleged incarpetent.
MH/~1R 35-E-l -9-77
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9.The alleged incx::npetent has i,ncane ronsisti,ng of:
(a)Money due fran _......;;.S.;.oc;:..i:..;;a~l--.;;.Se;::.;c;;.;;u;.;,.r......i ~tyL.-,;.A~d::.;;.m..:.:in~i:..:s:..:t~r.::..at;:.;i:..:o:.:.;n_
in the anuunt of $82.50 per month
(b)MJney due fran --_
in the anount of $-per ........._.,-
(c)
10.The alleged incanpetent has assets,real and personal,of
which the Petitioner is aware,in the amount of $3,652.04 consisting of:
(a)Money
State Hospital in the amount of $3,013.52 as of October 31 ,19?!..-.
(b)''Vecchione Refund"monies in the am:>Unt of $604.80
title to which is in dispute.
(c)Money in Patients·Cash Fund in the amount of $33.72 as
of October 31,1977.
11.The alleged incanpetent has debtf?outstanding in the amount
of $2,291.80 ,as of September 30,19.1!..-,consisting of:
(a)$1687.00 owing to the Ccmnonwealth of Permsylvania
,
as payment for care and maintenance received fran the period __A~pr_i_l_5__
September 3Q 19 77,in accordance with 50 P.S.§§4501 and 4504
and regulations promulgated thereunder.
(b)$604.80 c;Ming to the carmonwealth of Pennsylvania as
payment for care and maintenance rendered between July 11,1974,and
April 4,1975,
in dispute.
(c)
which relates to the "Vecchione Refund",title to which is
12.The alleged incanpetent is incapable of handling _.....;..;.;he:;;..;r _
financial affairs for the reasons set forth in the attached Affidavit
and COnpetency Report,prepared by ~~Sa~u<!.:.!l~G~re....i~z~m~a.w.n~..:)...!...M:...:.~I..l::.D.:.;;.I)...........·---,
marked as Exhibit A and made a part hereof.
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Ml/NR 35-E-2 -9-77
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13.M_ar'-"y'--A_._Va_n_n_o....y .,Guardian Officer at
the aforesaid institution,and his successors in office,having no interest
adverse to the alleged incx:xrpetent,has agreed to act as Guardian if this
Honorable Court shall so app:>int.The oonsent of the prop:>sed Guardian
to so act is attached hereto and made a Part hereof as Exhibit B.
14.If appointed as Guardian,Mary A.Vannoy
is required to act in oonpliance with regulations pn:xnul.gated under court
Order in 5 Pennsylvania Bulletin 931 et seq.(April 19,1975).
15.In light of these provisions and in furtherance of
Paragraph 7 of the aforesaid regulations,petitioner requests preference
be given to a bank.,trust oompany or other individual willing to accept
app:>int:rcent as Guardian.
WHEREFORE,the Petitioner prays that a citation be issued
directing D_o"""r...;;o...;.t..;..;h....y_A_m_o;....;s'--,and those
persons,if any,listed in paragraph 7 of this Petition,to show cause,
if any there be,why she should not-----------------
be declared an inoompetent and a Guardian of the estate appointed,and
why distribution of assets and incx:>ne as payment of debts listed in
paragraph 11 should not be made.Petitioner further prays that a guardian
ad Iitern be appointed to act for the alleged incarpetent regarding such
hearing.
~~/./-
BY:~~.D.
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MH(MR 35-E-3 -9-77
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C~TH OF PENNSYLVANIA
COUNTY OF WESTMORELAND
Ray E.Bullard,Jr.,M.D.
matter,being duly sworn acoording to law,do depose and state that
I am Superintendent of Torrance State-----~--------------
Hospital
forth in the foregoing Petition are true and correct to the best of
II¥knowledge,infonnation and belief.
swom TO AND SUBSCRIBED BEFDRE
ME,'lHIS ~/..-£-(J Il1\Y OF
~~~~~~_,l~.
NOTARY PUBLIC
L'Ll,AN McCLAIN,NOTARY PUBLIC
lORRANCE STAlE HOSPITAL,TORRANCE,
'"v.STMORELAIIID COUNTY,PA.
My Commission Expires October 10;1981!
M.D.
l>H/~1R 35-E-4 -9-77
AFFIllZWIT
CD.MM)NWEAL'lH OF PENNSYLVANIA
ss
OOUN'!'Y OF
I,
WESTMORELAND
____S.....;a.....;u.....;l~G_r...;;,e..;.i.:;;.zm_a.....;n~,_M.....;....;:D...:,.,being duly SWonl
acoording to law,depose and say that I am a Psychiatric Physician
in the CoImDnwealth of Pennsylvania employed at Torrance State Hospital
_______,and I have examined the patient,Dorothy Amos
an alleged incx:mpetent,with care and diligence and based upon said
examination and observations am of the opinion that said patient is
inoompetent to manage his/her o.vn.affairs for the reasons set forth in the
attached Conpetency Report,and that the facts and opinions oontained
therein are true and oorrect to the best of rrw knCMledge,infonnation and
belief.
l-~~M.D.
~m 'ill AND SUBSCRIBED BEFORE
ME THIS _-+f....;:/)~__DAY OF
EXHffiIT "A"
I~35-E-5 -9-77
------------------..-~----------------.
Renner
.i:tEPORT O:F COMP.ETENCY EXAMINATION
NAME·
Doro.thy'Amos
INSTITUTION
Treatment Team ADDRESSOGRAPH PLATE
INSTRUCTIONS:Set forth below your opinion as to whether the patient/resident meets the legal standards of incompetency
Include the medical and factual basis for that opinion.If you have used a competency worksheet (state centers and MP.units
only)it can serve as the factual basis for your opinion.Attach a copy to this form.Under PennSylvania law,a person may be
adjudicated incompetent if he or she,as a result of mental illness,mental retardation,or old age:
(1)is unable to manage his or her property;or .'
(2)is likely to dissipate that property;or
(3)is likely to become the victim of designing persons;or
(4)lacks sufficient Capacity to make or communicate responsible decisions concerning the use and
management of his or he.r entitlements•.
d i sorc.ered
source and extent of assets.
values of common items.
how to make simple arithmatic calculations.
to conserve assets.
to conduct transactions.
disturbance of orientation.
disturbance of memory.
disturbance of judgment.
disturbance of emotional tone .
lack of intell igence (Full Scali IQ ).--;:--~impaired real ity contact in the form of delusion:;.
impaired reality contact in the form of hal1ucinat~
impaired reality contact in the form of
thought processes.
for Opinion:
00 Does not know
[Xl Does not knm"l
CXI Does not know
CXl Not able
c:::xl Not abIe
'Factual Basis
CJ KnowsoKnovJsoKnowsoAbleoAble
Vour opinion regarding competence must make reference to at least one of these standards.Use as much space as needed and
be as detailed as possible.Medical basis should refer to both diagnosis and its manifestations.Factual basis refers to question".
and answers regarding the four standards above.Please sign on bottom.If additional space is required,l1$e an attached sheet..
.Diagnosis:(1)Psychosis:\'1ith Ep.i1epsy ;(2)...:..-~----.-
Medlcal Basis for Opinion:.o No [J Hi ld ex!Moderate 0 SevereoNo0Mild[X)Moderate 0 SevereoNoC]Mil d [Xl Moderate 0 Severe
.0 No oa Mi ld 0 ~\oderate 0 Severe
D No 0 Mild []}Moderate 0 SevereoNo[Z)Hi ld D Moderate 0 SevereoNoDOMiId0ModerateaSevereoN0DMiId[Xl Moderate 0 Severe
CONCLUSION:(Please respond Ves or No)
Therefore,
Able
Likely
Li kel y
lacks·
this patient
ex!UnableoUnlikelyo'Unl ikelyoDoesnot
is:
lack
to manage his/her property.
to dissipate that property.
to become a victim of designing persons.
sufficient capacity to make or communicate
responsible decisions concerning the use
management of his/her entitlemen~s.
and
Dves (]No
WVes DNo
,.(1Jves DNa
The patient/resident is capable of managil)9 his/her financial affairs.
The patient/resident is incapable of managing his/her financial affairs.
(If Yes,respond to the following question.)
If the patient/resident is incapable,is the patient's/resident's incapability to manage hislhcr
financial affairs aproduct and/or manifestation of his/her mental retardation,mental illness,
or old age?
.SIGNATURE OF APPROVJ>,L BY SUPERINTENDENT
C!llncompetent
SIGNATURE OF RE
1 o Competent
a~·g~~/7
,.
CINSENT OF proPOSED GUARDIAN
I,Mary A.Vannoy Guardian Officer
of Torrance State Hospital ,do hereby certify that I
and IIW·successors in office are willing to act as Guardian_for the
estate of Dorothy Amos ,an alleged inc:x::xrpetent,if
the Court shall so appoint.
Further,I do hereby certify that I am not a fiduciaJ:Y of
any estate in which the alleged in<::X)IIpetent has an interest,nor have
I any interest adverse to the alleged inoorrpetent.
The facts and opinions rontained herein are true and rorrect
to the best of IIW knCMledge,infonnation and belief.
,l
EXHIBIT "B"
MH/MR 35-E-6 -9-77
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IN THE MATrER OF
Oorothy Amos
(name)
IN THE COURI'OF (J)M.{)N PLEAS OF
:WASH I NGTON CDUNTY,PENNSYLVANIA
ORPHANS'CDURI'DIVISION
An Alleged Incx:mpetent NO.63 -79-168
ORDER
19
NCW,this :2~f_U day of ~,197 f;at-,-
_...,;;•...,;;M.,;;....upon hearing of the Petition and Citation for Appointment of a
guardian for __-'O:;.:oo.;,r..=o..=t..:.;.h....V..;,A-""'m.;.;;;o-=s ,proof of notice of the said
hearing to her next of kin having been filed,and----'='-'---------~/S/~~s4;
Court finds that the said ---=:;.Oo.;:..;r;...:o;;....;;t"""'h:.LV_Am:....::.:.;.:o;..;s'--is so
mentally infinood that __--'s~h~e'-is likely to dissipate or lose
____~he...:r estate and becane the victim of designing persons;
and that the Court further finds that the entire real and personal estate
of the said _....O""'o-'-ro"'-t=h"""'y~A=m=os:<..-should be handled by the Guardian
designated herein.
IT IS ORDERED AND DECREED THAT
~/her successors in office be and are hereby authorized to receive,hold
and dispose of the estate of the said Oo.;...r_o_t_h.....y_A_m_o_s as the
duly aH?Qinted guardian under Court Decree,and to pay such debts as
enumerated in said Petition,
in acoord with law.
such debts having been fmmd to be proper and
The guardian,within three rronths after real or personal estate
of the inc:x:mpetent cares into his possession,shall verify by oath and file
with the Clerk an invento:ry and appraisement of such personal estate,a
statement of such real estate,and a statarent of any real or personal
estate which he expects to a<:X:}Uire thereafter.
MIjI\ffi 35-A -9-77
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All oosts and expenses of this hearing to be home by the
Estate of the said Dor.othy Amos I including a fee of _
-I E/'~to be paid the guardian ad Iiten.Cvo-v/k-~+u.-r/f:5 ~
BY '!HE CDURI'
J.
MH/MR 35-B -9-77
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IN 'lEE MATTER OF
Dorothy Amos
(nand
IN 'lEE CDURI'OF c:x»M)N PLEAS OF
:WASHINGTON <X>UNTY,PENNSYLVANIA
ORPH.l\NS'CDURI'DIVISlOO..
An Alleged Incx:mpetent NO.63-79-168 19
PRELIMINARY ORDER OF CDURI'
AND NCM,this 3_0_th day of January,19 79,
U};X)n consideration of the foregoing petition,it is Ordered that a
citation be issued,directed to Dorothy Amos to show----..;;..-.-------
cause why s_h_e--should not be adjudged an inean-
petent,and a guardian of h-er -__estate appointed;
and why distribution of assets and incane as paymant of debts listed
in paragraph 11 of the within petition should not be made.
The time and place of hearing are fixed for the _2_8t_h _
day of __--"M=.=oa_r.....c.....h 1979 at _9_:3_0__a_._m.,at CourtRoom No.5,
Court House ,Washington,Pa.
Thomas B.Kostolansky,Esq.,is hereby appointed by the court to act as
guardian ad litem for ---=D:;.;:o;.;.r...;:,o...;:,t:,.:.hy'--'-A=m;,;;.o;;;..s the alleged
inc:onpetent regarding this hearing.
At least twenty (20)days written notice of the hearing shall
be giVeIl to _--=D;.:::,o.:....;ro:::..:t~h:.Ly.....;A~m~o:..:::s ,the alleged inc:onpetent,by serving
her personally with the citation and a copy of the foregoing petition;
and at least twenty (20)days written notice of the petition and hearing shall
also be given to any next of kin listed in the petition either personally or
by certified mail.
BY 'lEE CDURI':
MH/MR 35-D -9-77
IN THE COURT OF CO~roN PLEAS OF
ORPHANS'COURT DIVISION
70 -7°7NO..63-:t9 le8
IN THE NATTER OF
DOROTHY AMOS
An Alleged Incompetent
)
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WASHINGTON COUNTY,PENNSYLVANIA
SWORi~STATEMENT OF PHYSICIAN
Kincy J.Scott,M.D.
to law,deposes and says that
1.He is a licensed physician in the Cormnonwealth of Penn-
sylvania who is employed at the hospital or im::itution known as
Torrance State Hospital--;....-.--------------------------------------,
located at Torrance,Pa.,---_._--------------........-----~----...,...;.---
where on March 8,,19 79,he examined~---------:-------------------.,--
Dorothy Amos
2.As a result of this examination it is the opinion of the
affiant that the above-named patient is still incompetent for the rea-'
-sons expressed in the competency report attached to the petition.Your
affiant has found no significant changes in .the alleged incompetent's.
condition since that report was prepared.
3.Because of the alleged incompetent's.mental condition,
his/her welfare would not be promoted by his/her presence in court.
Sworn to and subscribed
before me this
of March,
8th day
,19...2:.
-/~fiw~~.~tary Public
LILliAN McCLAIN,NOTARY PUBLIC l!
ANCE STATE HOSPITAL,TORRAN~.!fTORR.Y pAW~STMbREL~ND C?UNT ,be;1(),.~1~My CommiSSion Expires Octo - ,
IN THE MATTER OF
DOROTHY AMOS
An Alleged .Incompetent
)
)
)
)
IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
...70 -!07 ..
NO.63-79 ~€J;8....
AFFIDAVIT OF PERSONAL SERVICE .QN ALLEGED INCOMPETENT
1\",,1,~.C.iC.tlOk&~·'..being dulysworn
according to law deposes and says that he/she served the within
citation and petition on :D oRO'l-H Y AV'hos..._personally.
by handing him/her a true and correct copy of the citation and
petition on /fh&<!.It 02-__,19 IJ 2 at 1().'.3~....BPM
at ]-:rrfn,,)(!f ·~'rf\Tr\:lo\:)~n:eb..,'and making the contents
thereof known to him/her.
Sworn to and subscribed
~Notary Publ1,c··
before me this tZ,.day
of ..':-11._'-../.'20-L./"':-'r~_~~....,19 ~
~.aw~·.
L.LlIAN M<CLAIN,NOTARY PUBLIC
TORRANCE STATE HOSPITAL,TORRANCEW~STMORElAND COUNTY,PA.'
My Commi~sicil Expires October 10,1981.
IN THE MATI'ER OF IN '!HE COURI'OF ~PLEAS OF
:WASHINGTON COUNTY,PENNSYLVANIA
Dorothy Amos ORPHANS'COURI'DIVISIOO
(name)
An Alleged Incxxnpetent
TO:Dorothy Amos
NO.
CITATION
19
We oonmand you to appear at a hearing in the Orphans'(burt
of W....;,a....;,s,;,.;.h...;,.;in...;.,9o!..,.;t....;,o,;,.;.n COtulty,to be held at Court Room No.5,
_C_o_u_r_t_H_o_u_s_e....:,'-._W_as_h_i_n..ol.g_to_n......z!.....::.P....;,a,;.:.__on ---'-.....:M:.:.::.::a:.::r..::c;,::.:h~2=-8~,,197jf),
at9:30 AM.,to show cause why you should not be adjudged an incx:xrpetent,
and a guardian appointed for your estate.
Citation Returnable the 28th day of----_._-----
March
WI'INESSE1'H :
1979 •
The Honorable _--.;:.S...;,.;a~m;::.;u:.;..e:....:l;...L=.:..•...;;:R:..;,.o:::..d:.;..gOl..e~r~s~,President Judge
of said Court,sitting in the Orphans'Court this 30th---------
day of January ,1979 •--------=-------
MH/MR 33-C -9-77
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/\..,...IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
___7~J 0-/)/PZt1
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IN RE:DOROTHY AMOS
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IN THE COURT OF .COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHAN'S COURT DIVISION~{:
IN FB:-:o:::;.t~167 cy J 1 76
PETITION FOR THE APPOINTMENT OF A GUARDIAN
TO THE HONORABLE,THE JUDGE OF THE SAID COURT:
The Petition of Mrs.Eleanor Hoffman respectively
represents:
1.That she is the'sister of Dorothy Amos.
/'''
2.That the said Dorothy Amos who resides at;torrance
(State Hospital,Torrance,Pennsylvania,is mentally defective.
3.That in the interest of the safety and well-being
of the said Dorothy Amos the appointment of a guardian is
essential for the following reasons:
A.The said Dorothy Amos is the owner of 1/10
.-.'
interest in a parcel of land situate in the Borough
of Beallsville,Washington County,Pennsylvania which
said land is in the process,of being sold.
4.The following is a list of all persons residing in
the Commonwealth of Pennsylvania who would have any interest in
the well-being of Dorothy P~os:
,1.Clinton Amos,R.D.#1,f>1arianna,Pa.
2.Ralph Amos,177 Butler Street,Pittsburgh,Pa.
3.Bernice Conley,Fredericktown,Pa.
4.Leroy Amos,Beallsville,Pennsylvania.
5.That no guardian has previously been appointed.
\vHEREFORE,this petitioner prays that the Honorable
Court appoint her as the guardian of'Dorothy+Amos .
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T~UfllbULLCOUNTYOF~·
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Before me,the undersigned authority in and for the
5:t1\-,e-said County and ~,personally appeared Mrs.Eleanor
Hoffman,who,first being duly sworn according to law,deposes
and says,that the facts contained in the foregoing Petition are
true and correct to the best of her knowledge,information,
and belief.
'~-~';;,I ..
'..
Sworn to and subscribed
before me this .t.~day
of _3i.Lh.1----.__._.>1970.
My Commission Expires:MA~GARET l.TELLANDER,Notary Public:
My Commission Expires Nov.15;.,,19:7.1"
CONSENT TO ACT AS GUARDIAN
I hereby consent to act as guardian for Dorothy Amos,
years of age and reside in Warren,Ohio at~J.
I aJ.ll --""'---!---
967 Hunter Avenue,N.W.I am a /L-(~'~l..:e-and a citizen of
the United States.I have no interest adverse to Dorothy Amos •
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707OJitattnn
3Jn W~r QIoun of aInmmnu 'lraa of ""allington O!ntutty,Jrunayluania
®rp1rUtt.6'Qtuurt mtttinintt
(
)
(
)
(
IN RE:
ESTATE OF
(
)
(
DOROTHY AMOS,)
An Alleged Incompetent.(
.I:.~
I
I Q!nuttttnuUt?ult11 of 'rttuny!ttttuia
arnuuty nf Itanlriugfnu nn:
To:DOROTHY AMOS,
ian alleged incompetent.
Sur Petition of:MRS.ELEANOR HOFFMAN
I,
1
Ii
1 I
IlIr Q!nntttUtUlt Inu,-~--,lD6I\"OCf\JRO~TO-EHY~Al.i'iM.......OS~·_
that,laying aside all business and excuses whatsoever,you do file ill the office
of the Clerk of our Orphans'Court of Washington County,a full and com-
',-
plete answer,under oath,to each and every of the averments of the said
petition,on or before Monday ,the 17th.day of__A_u.......g_ust _
19---1.0,at 10:00 o'clock~.M.,and show cause why the aforesaid
Dorothy Amos should not be declared an incompetent and a guardian
of her 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 Ma;ino,Judge of our said Court,
at Washington,Penna.,the 20thday Of_~-:..-.-..-..-J=U=l::...YL.....-..•-.-.-.-...-'1970 .'
...~~
..~
.Cferkof the Orphans'Court
Bldg.,
(Seal)
-=.K'ENN==E.=T""",H_J=.-L.'-,Y=.A=B=L=O-=N.=S=KI=-3-"Esq.
Attorney'for Petitioner.
505 Washington Trust
Washington,Pa.,
15301.
.,t •_~••."..•
IN THE COURT OF COMMON
U-~J
IN RE:DOROTHY JIos
~.f-
PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
)
)
ORDER FOR HEARING
d~____0 day ofANDNOW,this
,,upon consideratio~nofthe fOreg~i9pe.!ition th court~~'".-c.1k~~A4-.~r J ~~tv ~~-G...£~~"-",ayof ~~t:>;(fr 1970 at p;--e?o'C10Ck~.M.fat th~Orphan's Court,cou~ouse,Washington,
Pennsylvania as the time and place for the hearing on ~aid~_
~~Petition.The Petitioner is hereby directed to serv"a copy of
the Petition and notice of the hearing at least [<0 days
prior to the date of the hearing upon Dorothy AmOS~~~~~
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BY THE COURT:
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'r.ll~S.·Br:;ro~I C1J(COt~LEY
Box'833 ;
Frederi¢ktown.;Pet!,:nsylv~ni'Qi 15333 '
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Dear Mrs;Conley:
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,,'..'Pleaaebe advisedt.hat ~\'Pet.ition has been'>
fileo by :eleano;r.":Hoffmarl in the otphan'$pou~t Olvis!ori
of the court of Conut1on 'Pleas'of v~ashington County,·:
Per.uuiyi:vania.requesting!that she'be nppo;tnb.'~·;a·9'uardianotDorothyf;ffiOS,who .presently"resides at 'I'orrailce '.'
State.J:!ospitaL The Cpurt ht.1s$cheduled a hearing .
in this matter'for AU9ust 17,,1970'at'lO:O()o~elockA.M•
.in the Orpl'iarl'$Court Room,'COUI:t neuse,"~ashin9ton
"County"Pennsylvania..should you dt~sire,to be'heard
in this ~at,te£,.you'sl"iould ar>pear 'onthatd,ay./','."
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<,'V~ty truly YOUl;'.$t'
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Dear Sir:'I"
1m:,Dorothy,Amos'
•".•,'.~..,j.••-,"....,Plea~e'·be eavi,sed~thqt a,l'etiti.on hus·bean'
filed by lUeanox"l'!offrllan in thl;;~OZ'phan t s Court Chrision
of,the ,Court <>f Coiarnon I?lea;S of ~la$hington County;
Pennsylvania'"requesting.that she ,l,)eappointed guardian
"f DOJ;othy JlSlQS,wpo preeH:mtly rcesides at·Torrance
,Si;ate Hospital."The Courthaa,schedule.d a l1ear1r:tg
in tbis l'l'latterfor'August ':17,1970 at 10,00 0 t clock l\:,.M.in:the Orphan f s.Court.',Room,Coui~.H0ltse t Washington
CountYf;Pennsy~vnnia.Should you de.sir~to be-heardinlot~;i~~·.m~~te~r'.:you,Should,'apgearon \that ,(~ay.',
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Kenneth.S'-Yablon~ki
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Dorothy.Amos
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Please·<be~ad.'.ds·~d that ,:a Petition has 'been'
'fi.led by ,E.le~nor Hoffman in the Orpbanh3 Court Division';
'Qf'-;he'court of Common .,Ple,as 'of \1ashington'.Collnty,,'·'
~enn'sylvania r.equestin9,·that she-be'appoi~.ted:9"u'ardian"
of Dorothy'Amos,,who presently resides at'Torrance ,.'
State,liospital•.···.rhe ,C9urt .has.,scheduled a 'hearing ,'i
in this matter ;OI Augu~t 17';.1.9.7!J a~,lO :00,.9 t clockA.~.
in th~Orphan ·$Cou~t Room,,C:~urt Ho~se ",Washington'_.~.
CouXfty,Pennsylvania.,.Should,you d~slre,t9 ,be,,heard,
in-this m~tter,/;I0l;!s,hould.'appear·on:.that day.,'.'
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'.,',')?l~~Ui~-:b~'"ad\ri~ed that'~:·t>etit;!ort'has -been
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of''theCourt.'cjfcommon P~e'as :o~i!J&sllington:G.C?'~ty,.';.,:.)
l?ehnsylva:I~ia r.equcsting'that'she be ul.!l)ointed 9,uardian'
of bor9thy Amos"who'presently'resides at Torrance
State,HaspitaL.,f):'he Cour,t has.-.-s.che,dutled.a,1)e~.r.ing
in this matter for Aug llSt",17~!'+'1970 at ·10 :,OOfo'clock A.M.
in the ,Orphan f s C9urt ROOm,:Court'flotiae,"Waf311in"ton
,County',·Pennsylvania.Should youdesira to..b~;h,eard.
'in.thi~ma~ter/y~mshould.appear on that oay.,
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~E'~,),oorot.nYAtnos
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STATE OF PENNSYLVANIA )
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COUNTY OF WESTMORELAND )
Saul Greizman,M.D.,being duly affirmed according to law deposes and
says:
1.That he is a practicing physician,resident at the Torrance State
Hospital,Torrance,Pennsylvania,and is connected with the Torrance State
Hospital as Acting Superintendent.
2.That Dorothy Amos,a resident of the County of Washington,State
of Pennsylvania,was admitted to the Torrance State Hospital at Torrance,
Pennsylvania,on July 4,1936 in accordance with the Mental Health Act of
1923.
3.That upon admission of the said Dorothy Amos on July 4,1936,to
the said hospital,her mental condition was such as to require detention and
treatment in a hospital for mental troubles.
4.That the said Dorothy Amos is so mentally ill that she is unable to
take care of her property and in consequence thereof is liable to dissipate or
lose the same and become the victim of designing persons.
5.That the general condition of the said Dorothy Amos is such that
her welfare would not be promoted by her presence in Washington County
Court.
6.That the prognosis for Dorothy Amos l recovery is not very favor-
able,as since she has been here for such a long time and has not shown a
great deal of improvement in her condition with the various methods of
LILLIAN MtelA'",Notary Public.
My CGamtlssion Expires octobel:8.1.9.tI,
N6tary Public
treatment used during her stay at the )J0spital.
,,/a£J~~M.D.
Saul Greizman,:weD.,Acting Superintendent
Sworn and subscribed before me this
14 day of August 1970.
~~~~
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:ESTATE OF DOROTHY AMOS,)
An Alledged Incompetent.)
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Westmoreland
)
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Personally appeared before me,a Notary PUblic,
Sarah Cook,R.N.,4 f(Je~oN ,who,after having been dUly
AfJ-Il.tJve/ud 1-0 l1CL.rt'T S("pell/~c )=oic I)tJte(dJ.y !lJ-v.,oS,
sworn according to law,states that.a Citation,a Notice of..
Hearing,and a Petit~on for the Appointment of a Guardian were
served upon me by certified mail on the 2:__".day of
__._.J_u_l_y _;._,1970.at 7:30 p.m.
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Sworn to and subscribed
before me this :3 t)day."..,
,1970.-----
My Commission Expires:
LillIAN McCLAIN,NotalJ.PubIit
i;Cf.mmisslon ~~il'"Oefober 8,,,
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
DOROTHY AMOS,
an alleged incompetent.
No.707 of 1970
{FINAL DEeREE
'f
AND NOW,August :L.~1970,upon consideration of the annexed
petition and after a hearing held following du~notice,it is ORDERED AND
DECREED that
DOROTHY AMOS is adjudged an incompetent.
ELEANOR HOFFMAN is appointed Guardian of the Estate of DOROTHlf..
A MOS,an incompetent.
The said Guardian is directed to file an inventory in accordance with We
provisions of Section 402 of the Incompetents'Estates Act of 1955,as amende:~~
The said Guardian shall fil1)bond lj'jtly cdf;,ient OllJ ~y in the sum of
q2:<L.4 4 _-f(!zd'<2d :)~.
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Commonwealth of Pennsy1van
Department of Justice J
1400 Allegheny Building
Pittsburgh,Pa.15219
TO HHOM IT MAY CONCERN:
Please be advised that proceedings have been instituted
to ·have the patient listed in the attached citation declared in-
competent and to have the guardian officer of the facility at which
the alleged incompeterit resides appointed guardian of this.patient's
,'
estate.
As a relative of this patient you are entitled to notice
of these proceedings.If you have any objection to these proceedings
you must appear at the time and place listed in the attached citation
and you will be heard.If you do not wish to contest this matter
you need not attend this hearing.
Yours truly;
fof~;tj~~~
Robert S.Englesb£g ",
Assistant Attorney General
RSE :jrk
Encls.
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WASHINGTON
IN THE MATTER OF
DOROTHY AMOS
An Alleged Incompet~nt
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IN THE COURT OF CO~~10N PLEAS OF
COUNTY,PENNSYLVANIA
ORPHANS r COURT DIVISION
7 0 -1GJ 7 .
NO .·63-79..168 ..
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CERTIFIC.L\.TION OF SERVICE ON NEXT OF KIN:,...·.:
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I hereby certify that I sent·notification of the within.:..:.
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hearing to the next of kin listed in paragraph 7 of the lv.ithin.peti-
tion by sending them a copy of the citation together 'tnth a copy of
the attached form letter by ordinary mail on Feb:t:u,ary 26,.19..--l.2-...-
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Dorothy Amos,
An Alleged Incompetent
NOoG,l63-79-l68
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A F F I D A V I T
THOS.B.KOSTOLANSKY
ATTORNEY AT LAW
6l7~CKEANAVENUE
DONORA,PENNSYLVANIA 15033
TELEPHONE (412)379-6336
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA·
ORPHANS'COURT DIVISION
:In Re:
Estate of DOROTHY AMOS
An Alleged Incompetent
)
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NO.
AFFIDAVIT.
And Now,comes Thos.B.Kostolansky,Esq.,.Guardian
Ad Litem of the above-named alleged incompetent,who,being duly
sworn according to law,does depose and say:
1.That he met with Dorothy Amos on March 19th,1979,
at Torrance State Hospital,Blairsville,Pennsylvania to discuss
the nature of the instant proceeding.
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2.That he discovered that Miss Amos was served by
Craig Simmons,Caseworker,with the Citation issued by the Court
on March 2d,1979,at the Hospital.
3.That at the time of service of the Citation,an
attempt was made to explain the n~ture of the proceeding by
Mr.Simmons.
4.That he attempted to~··explain the nature of the
instant proceeding,his role of Guardian Ad Litem and the content
and prayer of the Petition to Ms.Amos.
5.That the alleged incompetent knew that she was at
Torrance State Hospital,did not know how long she had been there
knew that her horne was"intBeallsville,..Pennsyl~ant~~'qid not know
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her age and/or birthda;te,recognized that she had never been
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married,did not recognize members of her immediate family,did
not know that she received social ~ecur1.ty payments,did not
recognize the nature and extent of he~estate or whether'any
credits,are ,due to her -estate or debts'are:owed from same regard-
ing~-thEl "Vecchione"matter.However,she .did indicate that she
liked her residence at Torrance and further believed that the
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staff is'taking g90d care of her basic needs.
"6.That it is his opinion that Ms.Amos did not and
could not understand this proceeding.
7.That,~after investig~tion,it is his opinion that
his client,Dorothy Amos,is incompetent within the meaning of
the Incompetent EstateS 'Act.'.
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Sworn to and subscribed before me
Sr-
this c2 /day of March,1979.
\';,'~o~a~y.PUbli,,-"'~;'VetUl.JQ,tt a:.~._;~A'.I1'terrOLAHsw,.Iff.rntW
Dimare,Washington Co.,Pt..
f/ly ~onimi.ion Expires Feb.2,198\
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY.PENNA.
ORPHANS'COURT DIVISION
No.707 of 1970
IN RE:
ES[)~'FE OF
DOROTHY AMOS.
~an alleged incompetent.z<>.J>-UI
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-THE HONORABLE P.
of the s aid Court.
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Judge
I would like to offer as Petitioner's Exhibits 1,2.3,4 and 5,Or
we can offer them all as one.
MR.YABLONSKI;.
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ti~APPEARANCES:
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;TIME:
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KENNETH J.YABLONSKI.ESQ .•of-Washington
Pa.•representing,the Petitioner.
Monday,August 17,1970,at 10100 o'clock A.M.
EDST.
Mr.Yablonski?
If it please the Court,at this time,Your HLnor,
Th'e Affidavit of Service of the CitalLion
upon the Torrance State Hos pital and also carbon copies of the lett rS
sent by me to all persons who would have any interest in this mattE r
notifying them of the petition and of the hearing which was schedule~by
(At the direction of the Court,off-the-record discussion was not
recorded bv the steno2'rapher).
THE COURT:We will note for the record that we will receive
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in evidence and make part of the record the various exhibits which
have been offered by cou nsel as following the rules and regulations
and statutory proceedings and in particular,theorder fOr this hear'ng
executed by this Court on the 8th day of July,1970.Are you ready
to callyour witnesses?
EXAMINATION OF ELEANOR HOFFMAN BY MR.YABLONSKI:
Q Would you give us your full name please?
A My full name is Mrs.Eleanor Hoffman.
Q And you are ctflebp>:etitioner in this matter?
A lam.
Q What is your address?
A It's 967 Hunter Street,Warren,Ohio.
Q And are you related to DOrothy Amos?
A I am her sister.
Q Would you tell the Court where DOrothy Amos is presently residin~?
A At this t,ime she is a patient in Torrance State Mental Hospital.
Q And do you know how long she has been at TOrrance State Hospital?
A She was admitted in 1936.
Q Has she ever been released since that time?
A Never.
Q .Areyou familiar with her pres ent condition?
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A Yes,I am.At this time deftnitely she is in no mental condition to
take care of anything.She,didn't even recognize my mother to be
.her mother.
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When was that?
Two weeks ago.
You have stated in your petition thaty6u don't feel that she is capabl~
of taking care of her property;specifically wha,t property is involvE d?
This is a frame house,in Beallsville,which there are ren heirs to th s
home.But CJi1ffinitel~she is not mentally able 'to take care of this.
Who purchas ed this home in which thes e various people have this
interest?
You mean at the time who is going to buy this?
No.I mean who has caused the most recent deed in the name of
EleanOr Hoffman,Alma Howell,Lloyd Hoffman,etc.?
My brother is the one that st~rt'ed everything because we coutdohot
trace him down.
You misunderstand me.There is a deed to you and your brothers
and sisters.
From my grandfather,Henry Amos.
Now this deed from Willis Barnes and Caveta Barnes,what does tl:at
represent?
A Willis Barnes bought this house at'one time my mother and father
would havelost this house.
Q This is what I want you to explain to the Court,Mrs.Hoffman.
4
Q How did this deed come abo ut?
A Well,to start with,the taxes were backed up on this house and no ne
would pay the taxes,so Mr.Barnes bought this house-fOr taxes.
I went to Mr.Barnes,talked to him,asked him if he would sell
this back to us fOr the taxes,which he did.
How much did you pay him at that time?
$600.00.
Was it at your suggestion that the deed was made out to your brothers
and sisters?
Exactly.I was the one that wanted it made out this way.
DOrothy is one of the brothers and siste~s ?
Yes.
Who paid the consideration to have this deed transacted?
I did.
Would you explain to the Court what you have in mind with referenc
to this property at the presenttime?
Well,the reason fOr the disposal of this Property to start with,
Dorothy,my sister,definitely,she :is not mentally able to take
care of anything.She has no insurance to be buried.By selling thi
prOperty,which we can dispose of at this time and all the heirS
are willing to sign for this,all but Dorothy,which is not mentally
able to take care of this and tfeel that I am and I should take care f
it fOr her to see that she has a fund laid aside to bury this girl.An
this is what this money will be used fOr.It will be put into a cash
fund,placed in the bank where this will be used fOr bUrial.
Q Then is it going to be used'fOr the burial of anyone besides 7
A My mother and my sister,the two.
Q And woild you explain to the Court the a pproximate amount of the s~Ie 7
5
A This prOperty will be sold at $4500.00.
Q Do you know of any interest that you would have W1 ic.h is adverse
to that of your sister which would d.isqualify you from serving as
a guardian fOr her 7
No,I don't.
Have you asked your other brothers and sisters whether Or not they
would be willing.to serve 7
All are willing;everyone will sign for it.Everyone is willing to sign
the deed now once we get this through.And they are vaill willing tha
every bit .of this money should go to the burial fund fOr my mother
iiiffi a,nd fOr my sister.
~.o~Q I have nothing fUrther to ask.
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Mrs.Hoffman,is your sister DOrothy Amos married 7.
She was never married.
Never was married 7
Never married.
And her mother and your no ther are still living 7
Still living.
6'
.Q Where is her mother living?
My mother lives at Fredericktown,Pa.
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And how about the father?
My fath.€Jr is dead.
And the brothers and sisters of Dorothy Amos are Clinton Amos,
Ralph Amos,Pittsburgh,Bernice Conley,Fredericktown,Pa.J..
Leroy Amos,Beallsville,Pa.,and yourself?.
That's right.But I'm in Ohio)
arianna
them here because she isn't in Pennsylvania?
Is that the reason thatyou didn't name her;:;Eleanor,as one of
in Pennsylvania.
Yes,YOur Honor.
Your Honor,but they don't)ivmOre,There are
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~:Q But including the ones outside Pennsylvania,how many are there?
0:III~MR.YABLONSKI:Ten.oDoIII=Q All brothers and sisters?0:::Jo~MR.YABLONSKI:Yes,Your Honor.
<l:U~Q And are there any children of deceased brothers and sisters?o
'ill'heyra re all living.
Q All the brothers and sisters are living?
A All living.
MR.YABLONSKI:Except the one presumed decedent,Your Honor,
We had the proceedings,who had no children.
THE COURT:I recall that.Now,Mrs.Hoffman,was your sis er.
Dorothy Amos,ever a member of the Armed FOrces of the United
States of Am erica ?
No.
How old is your sister Dorothy?
58.
And she has been in Torrance State Hospital since 1936?
Yes.
What were the facts concerning her commitment there?
She was an epileptic~MEpy nervous and she had a nervoUS break-
7
dow,n.Then it did ,affect her mind,but definitely,she is not menta y
able to take care of a thing.
And does your sister Dorothy Amos have ,any other assets what-
soever besides this interest in this pi ece of property?
.No,that's all.
None?
Nothing..'
No bank aCCDunts Or stocks,bonds,anything of that kind?
No.
Would she be drawing any Social Security benefits of any kind?
No.
And you are living where?
In Warren,Ohio.
Your age is 54 years?
Yes.
You are married?
__________-;r_-----------~---8
A I'm a widbw.
Q I don't think we have any other questions,Mr.Yablonski.
TIMEt•.YABLONSKI~Your Honor,at this time I would lit:e to offer an
Affidavit by Saul Greizman,M.D.,the Acting Superintendent of
TOrrance State Hospital,concerning the condition of Dorothy Amos
THE COURT:The Affidavit of Mr.Greizman concerning the
I have cOrrected the Affidavit of Service.
condition with the various methods of treatment used during her
favorable l since she has been here,tha~is TOrrance,fOr such a
long tiIre .and has not shown a great deal of improvement in her
.'
(Proc e edings Clos ed).
Very well.Thank you.That will conclude Our
We have nothing'further to offer,YOUr Honor.
hearing.
.\stay at the hos pital.
states that the prognosis for DOrothy Amos '$3 Fe:coNery is not ver y
-
particularly paragraph si.~of the statemert by Dr.Greizman which
Hospital is a state institution fOr care of such persons.And we nob
of this recof.:dl;it being recognized by the Court that TOrrance State
condition of Dorothy Amos is received in evidence and made part
MR.YA BLONSKI:
THE COURT:
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IN THE COURT OF COMMON PLEAS-OF WASHINGTON COUNTY,PA.
ORPHANS,'COURT DIVISION
HEARING ON PETITION FOR DETERMINATION OF
COMPETENCY AND APPOINTMENT OF A GUARDIAN.
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Mel vin Caplan,Asst.At t:orney ,
General,Represent'i,ng th'e".
Commonweal th ~f Pennsylvania-::.
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-Wednesday,March ,ra;,197-9"
At 9:30 A.M.-~~r .-r"t~_~:~,
THE HONORABLE SAt-HJEL L:'RODGERS,
-.Judge of the said ~C"ourt ''"'.
In Chambers :"".f ..~.'
An Alleged Incompetent
APPEARANCES:
Estate of
DOROTHY AMOS,
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to"!~8
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Thomas B.Kostolansky,Esqui~e:
Guardian,Ad Litem."~~;T '..~.,.
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Janet A.Jackson
Official Court Reporter
2.
MR.CAPLAN:The next case,your Honor,ii
the matter of Dorothy Amos.The Commonwealth
filed a petition for determination of compe-
tency and appointment of a guardian in Orphan j
Court Division at Number 63-79-l68.At this
time,I woula like to place:into evidenc~..-'Exhibit A,whic6is a sworn statement of
Doctor Greizman,who states that after exam-
.ining the patient in his opinion she is ~nc9m
petent to manage her own affairs for the
,.reasons stated in the incompetency examinatior.
Also I would ,like to place into evidence
Exhibit B,which is the Consent Of The.Pro.",
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.;;)i "!l'-"_-¥•••.-.-.""'/~posed guardian,ad Iitem,_Mary A.,"Vannoy,,.~...:,...
jI"'lr>'-•I.'.I'd like to place into efidence.anaffi-..",:r-...,'~
davit which states the alleged incompet:entwa~~,t ~•~-
~erved,on March 2,1979;al~o an affidavit-
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which states th~t all'known next'of ~in were
served by ordinary mail on FebrU~iy 2~;:1'979'"';':-
also a sworn sta~ement of.the phyS:'ician';,DQ§tc r
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Scott,in 'which he'states he exami~ed .th~'..
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patient on March 8,1979,and that he agrees
with the incompetency report attached to the
petition and also alleges that as a result of
the alleged incompetent's medical condition,
her welfare would not be pr~moted by her
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presence in court;alio the original citation
that should be re-attached.to the petition~
ffiHE COURT:Mr.qaplan,I note among the
records that have been given to the Court is
a Petition For Appointment of a Guardian at
Number JO+of 1970 in the Court of Common
Pleas,Orphans'Court Division,in which,I
believe a sister,was appointed guardian of
the estate,Eleanor Hoffman~This apparently
was to enable the sale'of real estate to take
.place.
MR.CAPLAN:It was only for that one
s~ecific purpose,is that not so,your Honor'
THE COURT:Well,that's what I gather
from the hearing.However,the Order of the
Court appoints'her as guardian-of the estate
and directed her to file a bond.
"
MR.CAPLAN:If this is the case,your
Honor -if this was not an apppintment for
just that specific purpose of selling the real
estate,in that case,your Honor,we would
withdraw our petition then,at this time,
since a guardian has already been appointed
and the person was declared incompetent at
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that·time,unless you would want us -as a
result of the exa~ination and so on that she
is still incompetent.We would not object to
ch~nging the Order~that the guardian that
with the understanding if she wishes to be
this matter,Mr.Kostolansky?
to simply certify Eleanor Hoffman as guardian
.wa~appointed at th~t time should rem~in the
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Yes,I do;y6ur ~on~r.;~;-,_:1.
Well,I'm inclined to do tha!v,
MR.KOSTOLANSKY:
Do you have a report and recommendat10n ~n
THE COURT:
.~:'.,.~~.:;'
competent·within ,the meaning of ,the':Incompeter.t;;.,
flo ~..
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Estate Act.,Your Honor,I have prepareg...an....~'"..~.....
it(.~:
oW,~-'faffidavitindicatingthenatureandextentof
that.
relieved of those duties,upon submission of
an accounting,why~we would permit her to do
.
guardian.We'll withdraw the request for
appointment of a gua~dian.
;:rtf.I~is my recommendation that based uponkmy
J(,~:'
.investigation of the case that Miss;~'~mos~,is in ~~
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my investigation~and I would -like the affi-
davit to be made a part of the record.
THE COURT:We'll make the affidavit par
of the record.In view of the fact that
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Eleanor Hoffman,I believe,of Warren,Ohio,
a sister,has previously been appointed guardian
of the estate of Dorothy Amos by Order of
Judge Marin?,dat~d July -August 20,1970,at
Numbe~707'"of 1970 in the Orphans'Court
Division,Washington County,we will confirm
the.~ppointment of Eleanor Hoffman as guardiar
and direct that she file an-accounting in
acco~danc~with the Order submitted by the
Commonwealth.Provision for a surety bond ~¥
Aetna C~sualty and Surety Company is deleted.
All costs and expenses of this hearing should
be 'borne by the Estate of Dorothy Amos,incluc-
ing a fee of $56.00 to the guardian ad litem
and travel expenses of $3.75 .
(Court crier repqrted he checked in the hallways
and in thecourtroo"IQ and found no'one else'
present who is interested in the competency
proceeding.)
END OF PROCEEDINGS
I hereby certify that the proceed-
ings are'contained fully and accurately in the notes taken by
me at the hearing in the above cause and that this copy is a
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By the Court,
directed to be filed.
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-1 j'iiTheforegoingrecord,''of pro~ceed'ings
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at the hearing in the above cause is hereby approvyd.and
correct transcript of the same.
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