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HomeMy WebLinkAboutOC1970-0943 - ESTATE OF EUSANIOCOURT OF COMMON PLEAS OF WASHINGTON COUNTY,PA. IN RE: ESTATE OF EUSA NIO EUSANIO, an alleged incompetent. ) ( ) ( ) ( ) Orphans'Court Division No.21-3 of 1970 PETITION FOR THE APPOINTMENT OF A GUARDIAN OF AN INCOMPETENT To the Honorable,the Judges of said Court,the Petition of Peter H. Smith,Executive Director of the Washington County lUblic Assistance Board, by his attorneys,Peacock,Keller,Yohe &Day,respectfully petition your Honorable Court as follows: 1.The petitioner is Peter H.Smith,an individual who resides in the City of Washington,Washington County,Pennsylvania,and whose business address is 87 West Wheeling Street,p.O.Box 491,Washington, Pennsylvania 15301. 2.Eusanio Eusanio,the alleged incompetent,is an individual who resides in the Borough of Charleroi,Washington County,Pennsylvania, and whose post office address is 14 Fremont Road,Charleroi,Pennsylvania. 3.The proposed guardian is Margaret Snyder,an individual who resides in the Borough of Charleroi,Washington County,Pennsylvania and whose post office address is 14 Fremont Road,Charleroi,Pennsylvania. 4.Eusanio Eusanio is an adult,aged 46,who was born on September 5,1924. .5.It is believed that Eusanio Eusanio is physically and mentally incapable of handling his affairs or taking care of himself and is legally incompetent.Margaret Snyder has been caring for Eusanio Eusanio in her ow home and has consented to serve as guardian for the estate of Eusanio Eusanio,an alleged incompetent,as evidenced by the consent to guardianship which is attached hereto and made a part hereof. -~. ,--.,.p 6.Margaret Snyder has no adverse interest in the estate of the alleged incompetent;she is a sister of the alleged incompetent. 7.The alleged incompetent has no estate and his only source of income is a monthly grant of $118.00 paid by the Department of Public Welfare of the Commonwealth of Pennsylvania for his support and mainten- ance.The proposed appointment is for the purpose of dedicating a proper person to receive and manage such assistance payments. 8.The alleged incompetent is not presently employed and has no prior working experience whatsoever.He cannot speak coherently and is capable of performing only the simplest tasks without the help of others.He can neither read nor write.His physican is Dr.Carlo Sirri.Charleroi. Pennsylvania. WHEREFORE.your petitioner prays your Honorable Court to appoint Margaret Snyder guardian of the estate of Eusanio Eusanio.an alleged incompetent.for the purpose of receiving and managing assistance payments. with authority to execute any appropriate instruments.including reimburse- ment agreements.etc.•as may be required by the Department of Welfare in establishing the incompetent's continued eligibility for public assistance. Respectfully submitted. PEACOCK.KELLER.YOHE &DAY BY-::/+-,-.L.£:7i~~_~...!=U~C~~·=======--_ og f J.Ecker.Esq. Attcffney for Petitioner -2 - , COMMONWEALTH OF PENNSYLVANIA ) (SS: COUNTY OF WASHINGTON ) Before me,the undersigned authority,personally appeared PETER H.SMITH,who,being duly sworn according to law,deposes and says that the facts set forth in the foregoing Petition are true and correct as he verily believes. Sworn to and subscribed before me this aZ.i.!/ctay of 1~',A.D.,1970.dtLe~ Notary Putiic HELEN RllAlt notilly f'ubllc.WftShjn~ton.VI lshlngton Co.~y Cummlssiofl L<pif~S A\l~USI 26.111~"17f .... COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PA. INRE: ESTATE OF EUSANIO EUSANIO, an alleged incompetent. ( ) ( ) ( ) ( Orphans I Court Division No.of 1970------ CONSENT TO SERVE AS GUARDIAN I,Margaret Snyder,being sui juris,and of sound mind and body, and having been fully informed concerning the facts of the within proceeding and of the nature of the responsibilities involved,do hereby consent to act as guardian for Eusanio Eusanio,an alleged incompetent,as the court may direct. Date r-:2/-70 ·' 1'.."'USANIO EUSANIO, •IN HE: ESTATE OF (1Jnntmotttutalt11 of Jtttu!1yltntttiu '(!tonttty of 1!Nunqittgf.ntt 3ht IDh.r (!loud of Q10uutuln tJlrttn of ltDtt.nqiugtnu <!tountg.lllruullgluuttitt ((@rp11utl6'Q!nurt 13htinUttt ( )) ((l Q1 itatton l NO.943 of 1970 An Alleged Incompetent.) \nn: To:EUSANIO EUSANIO Sur Petition of:Peter H.Smi th,Executive Director of the Washington County Public Assistance Board,by his attorneys,Peacock, Keller,Yohe &Day,-- lUr illnuttttaUll inn,--""'EI.\L.lIS~Ao.uN-'o.lIOoL...·.......E~U"""'SA~N...IY..O _ 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--Mo"""n......d~a."""yl--__,the 26th day of__--"o'-"c:....::t=o=b..=e=-r _ 19-.l!L,at 11 :00 o'clock~.M.,and show cause why the saJ.",-,·d"----__ ,Eusanio Eusanio should not be adjudged an incompi;tent and a guardian of his estate a:p-l!-O~~i~n~t~e~d'Jl!;'---_ and further abide the order of our said Court in the premIses, -If you fail hereof,the petition may be taken PRO CONFESSO and a decree made against you. WITNESS the Honorable P.Vincent Marino,Judge of our said Court, i, at Washington,Penna.,the_24.:t.bday of September ,19 70 ~~d_T-'-~4 Clerk of the Orphans'Court PE.4.COCK s KELLER,YOHE &DAY,Esq. Attorney for Petitioner.East Beau Bldg., 68-70 East Beau St., (Seal)Washington,Pa.,1$301. COURT OF COMMON PLEAS OF WASHINGTON COUNTY.PA. IN RE: ESTATE OF EUSANIO EUSANIO. an alleged incompetent. ( ) ( ) ( ) ( Orphans I Court Division No.of 1970------ INTERLOCUTORY DECREE sideration of the annexed Petition. AND NOW.this l./f-day of _-=*"",*",""""",-~""",,+-_._.19 70.upon con- d decreed that a Citation guardi~n ~his estate appointed;Citation returnable to ~F .,.;)~/JII{;111 <l A./'t j ,hearing on the sar:n:'e to be held at that time. be awarded.as prayed for.directed to Eusanio Eusanio.an alleged incom- petent.to show cause why he should not be adjudged an incompetent and a k-R,/C/'~~ At least twenty days notice of the hearing shall be given to Eusanio Eusanio.the alleged incompetent.by personal service of a copy of said Petition and Citation.and by service of notice upon the next of kin.personall or by registered or certified mail. J. '-- , I' ....... COURT OF COMMON PLEAS OF WASHINGTON COUNTY~PA:ORPHAN~',CQURT DIVisION No.q 0-6 of 1970 7 INRE: ESTATE OF EUSANIO EUSANIO#- an alleged incompetent PETITION FOR THE APPOINT- MENT OF A GUARDIAN OF AN INCOMPETENT rr-;--ov \0 >r/Y'i0\I; r;\..~V' ()~\/j \ l.'\."-t ",~iJ :-::_~"'--J --.~,,:\;~;;!t Q I Xlr~-..~::...-..'}~".:i~.':-:-''."~\~-;,) \'").-.~\~S ,~~~>I~' \.0:-.:~;LAW OFFICES...Np COCK{KELLER,YOHE a DAY EAST BEAU BUILDING,.. 68-70 EAST BEAU"STREET ~•~ASHINGTQNrl"'A.15301 j). f .c..J ~--<....A..-<.-A---• .,;;'J-/-I 1 70 /A :3-'...~:;7-3 ,•..--' ... /. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY1 PENNA. ORPHANS'CQUR T DIVISION IN RE: ESTATE OF EUSA NIO EUSANI01 an alleged incompetent. ) ) ) ) ) ) ) No.943 of 1970 DEC R E E AND NOW1 October Lf.1970.upon consideration of the annexed petition and after a hearing held following due notice.it is ORDERED AND DECREED that EUSANIO EUSANIO is adjudged an incompetent. Margaret Snyder is appointed Guardian of the Estate of EUSANIO EUSANI01 an incompetent. The said Guardian is directed to file an inventory in accordance with the provisions of Section 402 of the Incompetents'Estates Act of 1955. as amended. Said guardian shall have authoritYI inter alia,to receive and ad- minister the assistance payments paid by the Department of Public Welfare for the support and maintenance of the incompetent;and likewise authority to execute reimbursement agreements as required by the Department of Public Welfare,so long as such come within the purview of the powers granted such guardian by the Incompetents'Estates Act of 19551 as amended. Said guardian shall file her own bond,without surety.in the sum of One Thousand Dollars ($1.000.00). ,. /J. ." . •j ., .J",~ ~:1j1 In the Court of Common Pleas of Washington County,Pennsylvan:ic Orphans 1 Court lJivis ion No.943 of 1970 IN RE: ESTATE OF EUSANIO EUSANIO, an alleged incompetent. DEC R E E (Marino,J.) j'I .~y ..'-l .!-4.l_....-, ~~...:l .... ~'..;r'l .........'1':\'_J••,J~.~-~,1~. t........'/"'./....J.l ~"):, .....'...... QRPHAN'S COURT WASHINGTON,PA, -~ I ~- /~) I <E1(':~~2 ", __L____~__---~--------------- September 28,1970 CERTIFIED HAIL RETURN RECEIPT REQUESTED Mrs.Rose Biagini 1203 Rr.,Meadow Avenue Charleroi,Pennsylvania J RE:Estate of Eusanio Eusanio, an alleged incompetent No.943 of 1970,Orphans'Court Division Dear lirs.Biagini: This is to notify you as a relative of Eusanio Eusanio, an alleged incompetent,that the court has set Honday,October 26, 1970 at 11:00 o'clock A.11.as the date of a hearing to determine whether Eusanio Eusanio should be adjudged an incompetent and whether a guardian of his estate should be appointed.We are enclosing copies of the citation and petition for the appointment of a guardian,both of which have been filed of record in this case. If you have any information to disclose to the court in this matter,you should be present in court for this hearing. Very truly yours, PEACOCK,KELLER,YOHE &DAY BY Roger J.Ecker RJE/src enclosures CC:Dominick Eusanio,215 Union st.Monongahela,Pa. CC:Mrs.Elizabeth Yerecic,215 Union St.Monongahela,Pa. COURT OF COMMON PLEAS OF WASHINGTON COUNTY ORPHANS'COURT DIVISION IN RE: ESTATE OF EUSANIO EUSANIO, an alleged incompetent ( ( ( (No.943 of 1970 ( ( BOND OF GUARDIAN KNOW ALL MEN BY THESE PRESENTS,that I,Margaret Snyder, an individual,residing at 14 Freemont Road,Charleroi,Wash- ington County,Pennsylvania,am firmly bound under the Common- wealth of Pennsylvania for the use of the estate of Eusanio, Eusanio,an incompetent,in the sum of $1,000.00,to be paid to this Commonwealth to which payment,well and truly to be made,I do bind myself,for and in the whole,my heirs,eXe- cutors,administrators,successors and assigns,and each and everyone of them firmly by these presents. Sealed with my seal and dated this ~day of Nvv ,1970. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded guardian shall well and truly administer the estate I. according to law,this obligation shall be void;but otherwise it shall remain in force. Signed,Sealed in the presence of: Approved by the Court this ~~~~~~~~~c.,1970. ..' <-- 'I " COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PA. ORPHANS'COURT DIVISION IN RE: ESTATE OF EUSANIO EUSANIO, an alleged incompetent BOND OF GUARDIAN ~~-•_::'c=..~~I~I-n I ~APpro~~ci.by th~~Courtt~,.;t ':;•• .jthiS "';12-'day of ,_ N0"l7el~r ~,:i970. c..>--.•-:>.r .-ore;~~{IJ ~ LAW OFFICES PEACOCK,KELLER,YOHE a.DAY EAST BEAU BUILDING 68-70 EAST BEAU STREET WASHINGTON,PA.15301 ,rd·JJ-2 l I J. COURT OF COMMON PLEAS OF WASHINGTON COUNTY ORPHANS'COURT DIVISION IN RE: ESTATE OF EUSANIO EUSANIO,an alleged incompetent ( ( ( ( (No.943 of 1970 ( ( ( AFFIDAVIT OF SERVICE COMMONWEALTfI OF PENNSYLVANIA ( (SS COUNTY OF WASHINGTON ( BEFORE ME,a Notary Public,in and for the County and State aforesaid,appeared deposes and says that he served true and correct copies of the Petition for the Appointment of a Guardian,Interlocutory Court Order and Citation at the above number and term on the said Eusanio Eusanio,at his residence at 14 Freemont Road, Charleroi,Washington County,Pennsylvania by handing a copy of the same to him,he being personally known to your affiant, and making the contents thereof known to him on the \::-T day ,1970,at:;..;/tJ 0'clock ?M. Sworn to and subscribed before me this'.;.g~day of .~/v"J , A.D.,1970. W···~···~I..~?)·dj~30b.~~&;. Notary Public Mary Jane Smith,Notary Public Was.hlngton,Washington County,Po. My Commission Expires February 28,1973 : :~ " ~,. COURT OF COMMON PL~AS OF WASlITNGTON COUNTY,PENNA. Orphans'Court Division No.943 of 1970 IN RE:ESTATE OF EUSANIO EUSANIO, ian alleged incompetent, AFFIDAVIT OF SERVICE LAW OFFICES PEACOCK,KELLER,YOHE a.DAY EAST BEAU BUILDING 68-70 EAST BEAU STREET WASHINGTON,PA.15301 I r-----;-..~--:--o----------------------- I RJP.-'Rl1C:::r1nio·DPW PLEASE FURNISH SERVICE(S)INDICATED BY CHECKED BLOCK(S). REQUIRED FEE(S)PAID. D Show to whom,date and address D Deliver ONLY where deiivered to addressee REGISTERED NO. ----------\CERTIFIED NO. 592571 INSURED NO. ----------:;¥--"----=:..--=-=OO<--;--;--:7-J"-"----;::---"---........-:---DATE DELIVUlED ------------, ~:::a PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE,SlC3 pn"'TMARK OF'DEl.IVERING OFFICE POST OFFICE DEPARTMENT OFFICIAL.BUSINESS ~1~~i"i &DayKeller,Yohe st. Pa.15301 Peacock, 68-70 East Beau Washington, Print your name and address below.If you want to ""restrict delivery,or to have the address of delivery tlETURN~shown on this receipt,chel:k block(s)on other side.~.."..,,'0;:;M~isten gummed ends and attach this card to back of ..TO Co artIcle..,00:aM E..~noc:. i RJE-Eusanio:DPW ---~ PLEASE FURNISH SERVICE(S)INDICATED BY CHECKED BLOCK(S).I I REQUIRED FEE(S)PAID. D Show to whom,date and address D Deliver ONLY where delivered to addressee I I j SHOW WHERE DELIVERED (only if relft/uNd) ii1lECI[IPT Received the numbered article described below. SIGNATURE OR NAMEOF ADDRESSEE (MIIJt -;!way-s"7h:-ji;:-;U....:d·,-=-·n')- }J ,(~. /,I'-.J~y?~ SIGNATURE OF ADDRESSEE'S AGe:T,ANY . REGISTERED NO. CERTIFIED 110. 592573 ItlSURED NO. I I i I I I I II DATE DELIVEREDl_--~"'J_!;;lJ._q.....f_70 _.--..::J,._-_-_-._-..-_-_------~--lO--71-.;1-8--11-_-:~-7_--1-9~_-.-.-GP-O- -=--~--"~ PR ~OE~YfOR P V E SE TO AVOIDP E A C;Y~O ~.IlOO POST OFFiCE DEPARTMENT OFFICIAL.BUSINESS .......J,~ II'"'"I i m::: ..:Q,< ..tri00(II) E..~g Do Print your name and addtess below.If you want to restrict delivery,or to have the address of deliVerY~.RETURNshownonthisreceipt,check bJock(s)on other side.~~rti~~.n gummed ends and attach this card to back of ~-TO ---------- Peacock,Keller,Yohe &Day 68 East Beau St. Washington,Pa.15301 RJE-Eusanio :DPW PLEASE FURNISH SERVICE(S)INDICATED BY CHECKED BLOCK(S). REQUIRED FEE(S)PAID. D Show to whom,date and address D Deliver ONLY where delivered to addressee REGISTERED NO. CERTIFIED NO. 592572 I,NSURED NO. DATE DELIVERED .Sll-l6-71SU-ll at7-198 GPO Q~-~::E-~ .~~.~,....:::... PENALTY FOR PRIVATE USE TO AVOIO PAYMENT OF POSTAGE.$ltD I I I I I .......",~ f~., m::::..:Q,<t .-I;i M E., ~aoGo POST OFFICE DEPARTMENT OFFICIAL BUSINE:SS '- POSTMARK OF DEL.IVERINGOFFICE \---------_':<-''-'------- Print your name and addtess below.If you want torestrictdelivery,or to h:\ye the address of deliveryshownOnthisreceipt,ch~ck block(s)",n other side. Moisten gummed ends and attach this card to back ofarticle. Peacock,Keller,Yohe & 68 East Beau St. Washington,Pa.15301 ~'~V Day _._------ RETU:lN TO RECEIPT FOR CERTIFIED MAIL-30~'(pius postage)I SENT TO POSTMARKORDATE (See other side)i 'A'GPO:19690-358-312 POD Form 3800 NO INSURANCE COVERAGE PROVIOED- July 1969 NOT FOR INTERNATIONAL MAIL Mrs....Elizabeth YereeicSTREETANDNO. 215 Union St. P.O.,STATE AND ZIP CODE Monongahela,-Pa. OPTIONAL SERVICES FO='R~A""DD~I""'TI=ON=A07L-'F=E"'ES=-----tc.li_~1 RETURN--~-------r:-ShOWS to whol11and-date delivered 1 fS RECEIPT With delivery to addressee only 6 2.Shows to whom,date and where delivered ..35SERVICESWithdeliverytoaddresseeonly85¢ Dfi}VrRTO ADORESSEECfNLY 50-,[- '-S"PE'CIAL-OElIVERY(2 pounds or I-ess)~.::":::::".:=:==454 •STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmaill, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 1/'.1.If you want this receipt postmarked,stick the gummed stub on the left portion of the address side of the article,leaving the receipt attached,and present the article at apost office service window or hand it to your rural carrier.(no extra charge) 2.If you do not want this receipt postmarked,stick the gummed stub on·the left portion of the address side of the article,detach and retain the receipt,and mail the article. 3.If you want a return receipt,write the certified·mail number and your name and address on a return receipt card,Form 3811,and attach it to the back of the article by means of the gummed ends.Endorse front of article RETURN RECEIPT REQUESTED. If you want the article delivered only to the addressee,endorse it on the front DELIVER TO ADDRESSEE ONLY.Place the same endorsement in line 2 of the return receipt card if that service is requested. 5.Save this receipt and present it if you make inquiry. 4. r \;. RECEIPT FOR CERTIFIED MAIL-30~((plus postage), NO INSURANCE COVERAGE PROVIDEO- NOT FOR INTERNATIONAL MAil *GPO, SENT TO Mrs •Ro se-B,...L·..-O..l+..L..J.J....L------~;.L, STREET AND NO. 12 03~L_JJJaa.c1.OJlL-f.J.~~-___f_:~1 P.O.,STATE AND ZIP CODE Charleroi,Pa. POD Form 3800July1969 I ~OP~T"_';IONAL SERVICES FOR AODITIONAL.--:.F..::EE~S __ RETURN ~C 'Shows to whom anifdate delivered 1 - RECEIPT With delivery to addressee only 65¢2.Shows to whom,date and where delivered ..35¢SERVICES With delivery to addressee only 85¢ DELIVER TO ADDRESSEE ONLy :50T -SP{CIAL-OEl."IVEllT(2 pounds or less)45¢ ---- r' (V) I"'- L{) C\J 0) l{) •Q -'.Z ,.Y 1. \" 2. 3. 4.,,- 5. I. STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmaiIJ, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front! If you want this receipt postmarked,stick the gummed stub on the left portion of the addre side of the article,leaving the receipt attached,and present the article at a post office servi window or hand it to your rural carrier.(no extra charge) If you do not want this receipt postmarked,stick the gummed stub on the left portion 0 the address side of the article,'detach and retain the receipt,and mail the'article. If you want a return receipt,write the certified-mail number and your name and address on a return receipt card,Form 3811,and attach it to the back of the article by means of the gummed ends.Endorse front of article RETURN RECEIPT REQUESTED. If you want the article delivered only to the addressee,endorse it on the front DELIVER TO ADDRESSEE ONLY.Place the same endorsement in line 2 of the return receipt card if that service is requested. Save this receipt and present it if you make inquiry..'. POSTMARK OR DATE (See other side) 'll:GPO:19690-358-312 POD Form 3800 NO INSURANCE COVERAGE PROVIDED- July 1969 NOT FOR INTERNATIONAL MAil SENT TO Dominick Eusanio STREET AND NO. 215 Union St. P.O,',STATE AND ZIP CODE Monongahe1a,-.-l'a. OPTIONAL SERVICES FOR A~DD~IT~IA.ON"'A"l-;F'"EE"S;----l--+1 RETURN ~1.Shows to whom3i1i1liiifidelivered -=:::-:With delivery to addressee only......tIv RECEIPT 2.Shows to Whom,date and where delivered . 3 SERVICES With delivery to addressee only..8S¢ DELIVER TO ADDRESSEE ONLY............-.-,SOd -SPECIAL otiiVERY-(2 pounds or lessf=='-'-:-'-:::::-:'-:·4S¢ , M t- In C\J Cj l() .Q ...Z ... 1. \l 2. 3. A 4. ,5. STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmaill, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) If you want this receipt postmarked,stick the gummed stub on the left portion of the address side of the article,leaving the receipt attached,and present the article at a post office service window or hand it to your rural carrier.(no extra charge) If you do not want this receipt postmarked,stick the gummed stub on the left portion of the address side of the article,detach and retain the receipt,and mail the article. If you want a return receipt,write the certified-mail number and your name and address on a return receipt card,Form 3811,and attach it to the back of the article by means of the gummed ends.Endorse front of article RETURN RECEIPT REQUESTED. If you want the article delivered only to the addressee,endorse it on the front DELIVER TO ADDRESSEE ONLY.Place the same endorsement in line 2 of the return receipt card if that service is requested.- Save this receipt and present it if you make inquiry. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COUR T DIVISION IN RE: ESTATE OF EUSANIO EUSANIO, an alleged incompetent. ) ) ) ) ) ) ) No.943 of 1970 HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN BEFORE: APPEARANCES: TIME: THE CO RT: MR.ECKER: THE HONORABLE P.VINCENT MARINO, Judge of the said Court. ROGER ECKER,ESQ.,of Washington,Pa., representing the Petitioner. Monday,October 26,1970,at 11:00 0 'demit A.M.,EDST. Mr.Ecker? Good Morning,Your Honor.If it ple~se the Court,this is the time set for the hearing in .the estate of Eusanio Eusanio,an alleged incompetent,at Number 943 of 1970 Orphans'Cpurt Division.We have the doctor who has treated the alleged incompetm t and the proposed guardian in Court.And first of all,we'd like to hand up the Affidavit of Service which Mr.Beckinger made in this case. THE COURT:Mr.Beckinger,did you serve,together with n ,...I'"'\nu I'"'\f tho notiti("\n rlirl "U("\11 ~prvp a conv of the Citation that was ---------,-;---------------------------------------------,.---..., 2 issued by the Register of Wills on the alleged incompetent? MR.BECKINGER:Yes.Everything that I received from Attorney Ecker was served to Mr.Eusanio. -J THE COURT: received for service? MR.BECKINGER: Is the Citation one of those papers that you Yes,Your Honor. ~z~THE COURT:Then you may correct the Affidavit of Service .I>-01 ~to include the service of the copy of the Citation. IIIQ, ie MR.ECKER:Yes,Your Honor.We will make that correcticn. ozn HE COURT:Were there any others that were required to b ~ served by the Court's Interlocutory Order?You were to serve notic~ by the order,a notice of the hearing upon the next of kin.Has that been done,sir?That service could have been made either personall; or by registered or certified mail. iii~MR.ECKER:We have the return receipt,Your Honor,andl-ll:oQ,~the letter.We have no Affidavit with it.We can make an Affidavit l-ll:::l8 to accompany it. .I0(~THE COURT:We will dis pens e with the Affidavit pres ently. ILo We will receive in evidence and make part of the record the copy of the letter indicating service by certified mail upon Mrs.Rose Biagini in Charleroi,Pa.And the certified mail receipt is attached to the letter as well as receiptS3showing other service indicated by the Court.We will receive in evidence also the corrected Affidavit of Service of the copy of the Citation and of the petitionep'ersonally u )on L.I _----------' c 3 the alleged incom petent.All of said service having been made in compliance with statutory requirements and with the Interlocutory Order of this Court.Do you wish to call your medical witness preser tly? 11MB:•.ECKER:Yes.Your Nonor.please.Doctor.take the sand. DR.CARLO SIRRI IS CALLED AND SWORN. EXAMINATION BY MR.ECKER: Q Doctor.stateyour full name for the record? A Carlo Sirri. Q Where do you reside.Doctor? A In Monongahela,134 Prosser Drive. Q For the record.stateyour profession please. A I'm a medical doctor.specializing in Psychiatry. Q ~Are you licensed to practice medicine in Pennsylvania? A Yes. Q And where do you maintain an office? A I work at the Mon Valley United Health Services in Charleroi. Q How long have you been practicing medicine.Doctor? A Practicing medicine in this country since 1958. Q And you are actively practicing now,correct? A Yes. Q Now I am going to direct your attention to one of your patients, Eusanio Eusanio.Areyou familiar with him? 4 A Yes. Q How long has he been a patient ofyours ? A I saw him the 24th of June of this year when he was sent from the D.p.A. for an evaluation. Q Oanyou state generally for the record.Doctor.the physical and me tal condition of the patient when you first saw him? A 'tes.Classified him as a cas e of mental retardation.idiopathic, severe.He hasvery clearly a sign of mental retardation of severe degree.His conversation is extremely limited and limited to short answers;no logical conversation can be carried on in any subject with this man and is in need of supervision.And as far as the diagnosis. I told you.my prognosis is poor.And I judge him incompetent to handle his monetary affairs and to make decision s on his own behalf. Q Would his benefit be served by being present here in Court today. Doctor? A PardO'11n me ? Q Would it serve his benefit to be present here in Court today? A I don't think he would be able to cooperate in any way. Q Would you say his mental problem is of a subs tantial nature then.D)ctor? A Yes. Q Do you know what the causes of this problem are? A As far as I can get from his social history.I got the social history from the relatives.it's idiopathic,inborn. Q Would you say it's congenital? A Yes. Q What is the likelihood that the patient's condition will improve in the future,doctor? No,unless ther e is some scientific knowledge or discovery that changes everything,the prognosis is poor. In your opinion,Doctor,can Eusanio Eusanio exercise good commor sens e and practical judgment about business affairs? No. If Eusanio were permitted to handle his own ordinary every-day business affairs,would it be likely that designing persons would takE advan:u.tage of him? I think so. Do you know whether he's ever been in a mental institution or a priv te hospital? I know he's never been in any hospital. That's all we have.The Court may want to ask some questions now, Doctor. EXAMINATION BY THE COURT:(' Q Doctor Sirri,as I unders tal d you then,it is improbable that this individual would become very much better in the future. A That's right. Q Unless we have,as you say,som e break-through in the medical lin 5 I concerning this type of a condition. A Correct. Q Which we can't foresee right now. A Yes. 6 Q We understand.I think that's all the questions we have of Dr. Sirri.You are excused,Doctor.Thank you. ceZ~(Witness excused).g zZIIIII, i~ClZ.~MARGARET SNYDER IS CALLED AND SWORN. ~ ti EXAMINATION BY MR.ECKER: ii: 1ft Q Q State your full name for the record. ~Uii A Margaret Snyder. ::I.., 5 Q Is it Mrs.? uiII:~A II:oII.~Q l-ll:::Io Au...ce U Qto Mrs.,yes. And where do you reside? 14 Fremont Road,Charleroi. Are you married,Mrs.Snyder? A Yes,I am. Q Doyou have any oU~r people res iding with you? A My husband and two sons. Q Do you have an occupation? A No. Q You are a housewife? A Yes. ._.-----.J t Q A Q A Q A $zce Q>.I>-UIZz AIIIIl. ie"z iUI Qce~ ~Auii:I-UI ii Q .IceUii A:J., %/:;Ql\I vi0:III AI-0:0Il.III Q0: I-0::J0 Au .Iceu Qii:II.0 A Q A Q '7 What is your relationship to Eusanio Eusanio? I am his sister. Does he have any other living relatives? Yes. Tell the Court who they are. We have two sisters and a brother. What are their names? Rose Biagini,sister;Elizabeth Yerecic,sister;and Domenick Eusa io, brother. And how long has Mr.Eusanio lived with you? Six years. lliring this time have you taken care of Mr.Eusanio?, Yes. Do you know if he'sbbeen employed for any length of time? Never. Do you know if he has any income? None. Does he receive money from the Department of Public Welfare? Was he getting it;?yiYes. Do you know the amount of the checks that he receives monthly from the Department of Public Welfare? $59.00 every two weeks. Does he receive any other money from any other Governmental agenpy? A No. 1_- Q Are you willing,Mrs.Snyder,to continue to take care of Eusanio Eusanio in the future? 9 A Q "e A sz Q0(>...>-IIIZ AzIIIQ, i QeC5zxAIII0( ~ .,:QuiiI-~Ce... 0(u Aii::I., :r Q~III uilI:AIIIl-ll:0Q,QIIIlI: l-ll:::I00... 0(Auii:II.0 Q Yes. Mrs.Snyder,I show you what is titled a Consent to Serve as Guardia 1 and I askyou if that is your signature? Yes,it is. Have you consented to serve as Mr.Eusanio's guardian? Yes. l>- And will you do so if the Court chooses to appoint you as~guardian? Yes. Do you have any adverse claims or interests agai!lst anything your brother might have coming to him? No. You don't have any claims at all against lthis estate? No. If the Court were to appoint you as guar dian,wruld you manage his ordinary business and financial affairs for him? Yes. Do you understand that you would be required from tim e to time to make an accounting to the Court? A Yes. Q Of monies that you take in and monies you spend on behalf of your brother. A Yes. Q If you did this,could you keep a simple account? A Yes. 10 Q Can youdo ordinary arithmetic problems? A Yes. Q Could you handle a checking account? A Yes. THE COURT: or(z~~..I>-al ZZIIID. ieCIz:tal~ I have no further questions.The Court may havesome questions for you. Mr.Ecker,is this alleged incompetent totally without funds?Does he have any estate? We understand there is no estate whatsoever, Will she indicate that for the record pleas e? i ~lVR.ECKER: ii:I-al Q Your Honor. .J0( UCi THE CO UR T: :J.., :I:~N en (Continued Examination by Mr.Ecker): II:IIII-~Q Would you tell us whether your brother,Mr.Eusanio Eusanio,has D.IIIII: t any funds,any assets,any money or any estate? :JoU ~A No,he doesn't have anything. uii:II.o EXAMINATION BY THE COURT: Q How old areyou,Mrs.Snyder? A 52. Q How old is your brother,Eusanio Eusanio?The petition says he's 40. Would that be correct? A Yes. 11 Q Are your parents,are either one of them living? A No,they are both dead. Q Would your brother,Mr.Eusanio,have any expectancy of receiving any money from any a:'elative or any estate of a relative of any kind? A No. Q A nd as far as you know,he has no cash or liqu id ass ets of any kind at this time? A No,he doesn't havs anything. Q No stocks or bonds or bank accounts? A No. Q Now Mrs.Snyder,have you been using,in the immediate past,the money that is received on his account,have you been using all of th t money for his keep? A Yes. Q Well,how do you differentiate between money used for him and mon"y used for your family? A Well,my son goes to college and we take how much it would cost hin to stay in the apartment and how much for food. Q Where does your son go to college? A Penn State. Q So that you calculate now,I presume,that all of the funds you recei Te for him are s pent for his keep and his benefit. A So far,yes.I don't know later because now he has all the clothes and things that he didn't have before.We've been buying them for h m. 12 Now if any money is left over,can we bank it and put it in his name? Q Yes.Tha t is the point that I am trying to make.That if th ere is a balance or funds left over,they should be kept for him.The attorney would instruct you on how to do that.Actually,it should be deposited in the name of the guardian;if you are appointed guardian,it w mId ., ceZce>...>-UIZZbIII. i0 AI-~ZXUI Qce3: ti AitI-UIc Q...ceUC;:)., ~AIII IiII:bI Ql-II:0II.tIII: l-II:;:) 0 Au...ceu Qii:II.0 be deposited in your name as guardian for.Mrs.Snyder,guardian for.That is the way it should be deposited.You would know how to d that,wouldn't you? Qh,yes. What education have you had? Tvvo and a half years of high school. You understand that it would be required and preferable to keep his accounts separate and apart from all others. Yes. Sothatyou know how much you receive for his benefit and how much you s pend for his benefit 'at all times.Do you understand? Yes. And eventually,it will be required thatyou make a report as require~ by law.to this Court.Do you understand that? A Yes. Q You are willing to do that? A Yes. Q I think that's all the questions we have of this witness.You are exclsed. (Witness excused). MR.ECKiE:lR::We haveno further witnesses,Your Honor,un ess 13 you'd like to speak with Mr.Beckinger who is the caseworker assig d to this case. THE COURT:I don't think there will be any necessity for tha . (Proceedings Closed). IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION IN RE: ESTATE OF EUSANlO EUSANIO, an alleged incon-petent. ) ) ) ) ) ) ) No.943 of 1970 DE CREE AND NOW,October 28 ,1970,upon conaideratton of the annexed petition and after a hearing held toU-owing due notice"it is ORDERED AND DECREED that EUSANIO EUSANIO is adjudged an incompetent. l\.fargaret Snyder is appointed Guardian of the Estate of EUSANlO EUSANlO,an incompetent. The said Guardian is directed to file an invehtory in accordance with the provisions of Section 402 of the Incompetents'Estates Act of 1955, as amended. Said guardian shall have authority,inter alia,to receive and ad- minister the assistance payments paid by the Department of Public Welfare for the Bupport and maintenance of the incompetent;and likewise authority to execute reimbursement agreements as reqUired by the Department of Public Welfare,so long as such come within the purview of the powers granted such guardian by the Incompetents'Estates Act of 1955,as amended. Said guardian shall file her own bond,without surety,in the sum of One Thousand Dollars ($1,000.00). By the Court, P.V.MARINO J.