HomeMy WebLinkAboutOC1970-1139 - ESTATE OF COOPERIN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA.
ORPHANS'COURT DIVISION
IN RE:ESTATE OF
PATRICK KEVIN COOPER,
a minor.
)
)NO.tJ-7d -//37
)
MOTION
AND NOW,this 2~day of ~,1970,
Howard F.Carson,Esquire,Attorney for the Estate of Herman Law-
rence Cooper and for Patrick Kevin Cooper,the herein minor,moves
the Court to approve the within agreement providing for the care,
welfare and supervision of the minor by the guardians of his per-
son,Judi M.Henning and Allan E.Henning,as being for the best
interests of said minor.
Howard F.Carson
o R D E R
AND NOW,this k,74 day of ~,1970,
after having reviewed the terms of the attached agreement,the
execution thereof by the Executor and the Guardians of the Person
of the Minor is approved.
IN THE COURT OF C0Ml\10N PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
NO.(f.,~-70---//5'9
IN RE:ESTATE OF
~\.-PATRICK KEVIN COOPER,
a minor.
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MOTION AND ORDER
APPROVING
AGREEMENT PROVIDING FOR THE
CARE,WELFARE AND SUPERVISION
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AGREEMENT PROVIDING FOR THE CARE,WELFARE
AND SUPERVISION OF PATRICK KEVIN COOPER
M.ade and entered into'this 774 day of November.1970,
BY AND BETWEEN:
..
EMIL A.EcKERT,Executor of the Estate of Herman Lawrence Cooper,
of Roscoe,Washington County,Pennsylvania,hereinafter referred
to as the "party of the first part",
A
N
D
JUDI M.HENNING and ALLAN E.HENNING,her husband,both of North
Charleroi,Washington County,Pennsylvania,in their individual
capacities,and as Guardians of Person of Patrick Kevin Cooper,
the m~nor son of Herman Lawrence Cooper,hereinafter referred to
as the "parties of tt~e second part".
WHEREAS,Herman Lawrence Cooper died on August 31,1970,
leaving as his sole survivor,legatee and heir,his minor son,
PatriCk Kevin Cooper,aged 16 years of age;and,
WHEREAS,the chief asset left by said Herman Lawrence
Cooper was a dwelling in Long Branch Borough,Washington County,
Pennsylvania,which dwelling has been vacant since the death of
said decedent,as the said minor has been living with friends;
and,
WHEREAS,it is the desire of said minor to be restored to
his residence in his former home in Long Branch;and,WHERBAS,
to the discipline,:l.ns'tructions·and guidance of the parties of
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it is the 'intention of the parties of the second part to help in
the restoration of the minor's residence,both in the physical
repairirig,reconditioning and remodeling of the dwelling and in
the reestablishing of the minor's home in said dwelling;and,
WHEREAS,the minor has petitioned the Cou~t to appoint the
parties of the second part as guardians of his person,which
appointments have now been made;and,
WHEREAS,the parties hereto have made certain oral commit '...~
ments,each to the other,relative to the said reestablishing of
the minor's home,which they now wish to reduce to writing.
NOW,THEREFORE,BE IT MUTUALLY AGREED AS FOLLOWS:
1.The conside~ations for.this agreement shall be the
mutual covenants,promises and agreements contained herein.
2.Patrick Kevin Cooper,the aforesaid minor,shall have
his oWn individual room in the dwelling,but he shall be subject
I
the second part,for as Guardians of his Person,they shall act i1
locus parentis to him.I
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3'.The parties of the second part·shall have the right to
live in said dwelling together with their children,subject to the
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rights of the minor,as set forth herein,with specific reference
to Paragraph 2,above.
4.The party of the first part,his successor,or the
Trustee of the minor,Patrick Kevin Cqoper,shall pay these items!
a.All real estate taxes.
b.Fire insurance and liability insurance premiums.
c.Materials for small repairs (Parties of the second
2
part to furnish the labor.).
d.Materials for major repairs of the type which do
not require professional skills,such as the skills
of others than the parties of the second part.
e~,Major rep~irs beyond the skills of the parties of
the second part.
f.Heaters for two.second story rooms,providing that-
the new furnace does not furnish sufficient heat
.'.'
therein.
g.Cost of professional labor and/or estimates expen--
sese
5.The parties of the second part shall pay these items:
a.Electric power.(The minor shall reasonably aid i
the conservation of electricity.)
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b.
c.
d.
e.
f.
Telephone.
Gas (if needed.).
Coal.
Water (if needed).
Food (The minor shall be treated equal to the chil t
dren of the parties of the second part;extras,
such as cigarettes,shall be at his own expense.).
g.All labor on small repairs.(At this time the only,
known small repairs are cleaning the chimney and
painting;should any items appear in the future
which the parties of the second part believe to be
beyond those contemplated by the parties hereto,
they will abide by the discretion of the Executor
or Trustee.).
h.All labor on major repairs not requiring profess-
ional skills.
3
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for the premises.
6.Patrick Kevin Cooper or his Testamentary Trustee shall
pay these items:
a.Life insurance.
b.Automobile insurance on his own car.
c.Clothing.
d.Upkeep of his own car.
e.Cost of foods in excess of that provided under
Paragraph 5 f,above.
f.Schooling expenses.
g.Spending.money.
h.Miscellaneous items.
1.If at any time prior to the minor's reaching his 21st
birthday,should the party of the first'part,his successors (if
any),or the Trustee of the minor,determine that the aforesaid
Long Branch dwelling should be sold,the parties of the second
part shall have the right to meet and equal any bonafide offers
I
8.The provisions,benefits and obligations of this agree~
. .I
ment shall apply to and accrue to the Testamentary Trustee of said
minor.
IN WITNESS WHEREOF AND WITH THE ·INTENTION OF BeING
LEGALLY BOUND HEREBY,the parties hereto have set their hands and
,
seals the day and year first above written.,
!?/~,~$Z
.'Emil A.Eckert,Executor
4
(SEAL!
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(SEAL)~
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JOINDER IN AGREEMENT
I,Patrick Kevin Cooper,a minor 16 years of age,do
hereby certify that the terms of the foregoing agreement were
negotiated by my Attorney,Howard F.Carson,in my behalf,with
Judi M.Henning and Allan E.Henning,with my full knowledge and
consent,therefore,insofaras I am ab1e·to join in this Agreement
as a minor,I do hereby indicate my joinder therein,for Mr.
carson has fully explained all of the rights,duties and ob1iga-'
tions arising thereunder,insofaras my father's Estate,my Estate
and the Guardians of my Person are concerned.
-,
Date:.,November.:27,1970
Witness:
-.
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_'.Patrick Kevin Cooper
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IN THE COURT OFp:OMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
NO .
IN RE:ESTATE OF
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PATRICK ~YIN COOPER,
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,';':;I'C":t~),PETITION FOR APPOINTMENT OIt\
GUARDIANS OF PERSON~'
AND DECREE .
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10/19/70
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA.
ORPHANS'COURT DIVISION
IN RE:ESTATE OF )
:
PATRICK KEVIN COOPER,)NO.
:
a minor.)
TO THE HONORABLE P.V.MARINO,PRESIDENT JUDGE
OF THE ORPHANS'COURT DIVISION:
PETITION FOR APPOINTMENT OF GUARDIANS OF PERSON
The petition of PATRICK KEVIN COOPER,a minor over the
age of fourteen,respectfully states:
1.Patrick Kevin Cooper was born February 21,1954,
and he presently resides by himself,in the home of his late father
Herman Lawrence Cooper,in Long Branch Borough,Washington County,
Pennsylvania,with the mailing address of R.D.#1,Coal Center,
Pennsylvania.
2.The said minor 18 the son of Herman Lawrence
Cooper and Mae C.Cooper,both of whom are deceased;his father
died last,on August 31,1970.
3.It is necessary that a guardian of the person be
appointed for the reason that by Paragraph Third of the Will of th
minor's said late father,which was duly probated by the Register
of Wills of Washington County,Pennsylvania,on September 22,1970,
Samuel Clifford Winnett was named to be Testamentary Guardian of
the Person,however,the said Samuel Clifford Winnett is unable to
accept
~he duties and responsibilities of said nomination.His renuncia-
tion is attached and marked Exhibit "All.Your petitioner is of th
opinion that,considering his age and financial circumstances,he
should have a guardian or guardians of the person appointed for hi
welfare and education.
4.with the guidance and advice of his father's frie
and attorney,Howard F.Carson,Esquire,your petitioner has
negotiated an agreement with his cousin,Judi M.Henning and her
husband,Allan E.Henning,whereby they will move into the afore-
said Long Branch residence to take care of your petitioner.
Immediately following the granting of the prayer of this petition,
should the Court see fit to grant such prayer and appoint said
Judi M.Henning and Allan E.Henning to be guardians of the person
of your petitioner,an agreement between the proposed guardians
and the Estate of Herman Lawrence Cooper,reducing to writing the
aforesaid negotiations,will be presented to the Court for its
approval thereof.
5.The proposed guardians,Judi M.Henning and Allan
E.Henning,reside at 303 Isabella Avenue,North Charleroi,Penn-
sylvania.They are 31 and 38 years of age respectively.
6.The proposed guardians have no interests adverse
to that of the minor and~e:not a fiduciary or an officer or
employee of the corporate fiduciary of an estate in which the
minor has an interest nor surety or an officer ot employee of the
corporate surety of such a fiduciary.
7.The religious persuasion of the minor's parents,
the minor and of the proposed guardians is Protestant.
2
WHEREFORE,your petitioner,Patrick Kevin Cooper,the
minor over fourteen years of age,makes choice of Judi M.Henning
and Allan E.Henning,her husband,and prays the Court to appoint
them guardiansof your petitioner's person under the provisions of
Section 1011 of the Fiduciaries Act of 1949.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
)
)
SS:
Patrick Kevin Cooper,being duly sworn according to
law,deposes and says that the facts set forth in the foregoing
petition which are within the personal knowledge of the deponent
are true,and as to facts based upon the information of others,
the deponent,after diligent inquiry,bel~eves them to be true;
and that all necessary consents are attached to the petition.
Patrick Ke~~oper
Sworn to and subscribed
before me this ~day
Of~~·,1970.
C"ATHY JE~N PM"'~'T'tr~,
CHARl.::?.i
MY cc,..:";'.::.
MemL:Gl I ~"!:;"i"h J".~-.;.~.~~.::..."3
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RENUNCIATION OF NOMINATED
TESTAMENTARY GUARDIAN OF MINOR'S PERSON
I accept notice of the foregoing petition.I hereby
renounce my right to serve as Testamentary Guardian of the Person
of Patrick Kevin Cooper because I am unable to accept the duties
and responsibilities of such nomination.
witness:
EXHIBIT "A"
ACCEPTANCE BY INDIVIDUAL GUARDIANS OF PERSON
We agree to accept the appointment as Guardians of
the Person of Patrick Kevin Cooper.We reside at 303 Isabella
Avenue,North Charleroi,Pennsylvania.We are both over 21 years
of age and can speak,read and write the English l~nguage.,."/"
We are not the fiduciary or officers or employees of
any corporate fiduciary of an estate in which the minor has an
interest nor the surety or officers or employees of the corporate
surety of such a fiduciary;and we have no interest adversed to
the minor.
It is our intention to apply to the Court for the
approval of agreement which has been negotiated by ourselves and
the attorney for the minor's father's Estate whereby we will move
into the Long Branch residence of the late Herman Lawrence Cooper
so as to provide a home for the minor in conjunction with ourselve
and our children.
witness;'-.--
EXHIBIT "B"
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA.
ORPHANS'COURT DIVISION
IN RE:ESTATE OF
PATRICK KEVIN COOPER,
a minor.
)
)NO.
)
DECREE APPOINTING
GUARDIANS OF MINOR'S PERSON
AND NOW,this
1970,upon consideration of the within petition,Judi M.Henning
and Allan E.Henning,her husband,are appointed guardians of the
person of Patrick Kevin Cooper.
(,:3-7 0 -II .3i
'-PARTIAL MUTUAL RELEASE AND
AMENDMENT TO AGREEMENT
PROVIDING FOR THE CARE,
WELFARE AND SUPERVISION OF
PATRICK KEVIN COOPER.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA.
ORPHANS'COURT DIVISION
IN RE:ESTATE OF
PATRICK KEVIN COOPER,
a minor.
)
)
)
NO.63 -70 -1139
AND NOW,this lid,
MOTION
day of February,1971,Howard F.
Carson,Esquire,attorney for the Estate of Herman Lawrence Cooper
and for Patrick Kevin Cooper,the herein minor,moves the Court to
approve the within Partial Mutual Release And Amendment To Agree-
ment Providing For The Care,Welfare And Supervision Of Patrick
Kevin Cooper,as being for the best interests of said minor.
Howard F.Carson
o R D E R
AND NOW,this ~day o£February,1971,a£ter having
reviewed the terms of the attached Mutual Release and Amendment,
the execution thereof by the Executor and the Guardians of the
Person is approved.
f
PARTIAL MUTUAL RELEASE AND
AMENDMENT TO AGREEMENT
PROVIDING FOR THE CARE,
WELFARE AND SUPERVISION OF
PATRICK KEVIN COOPER
WHEREAS,on November 27,1970,the undersigned,
EMIL A.ECKERT,in his capacity as Executor of the Estate of
Herman Lawrence Cooper,as party of the first part,and JUDI M.
HENNING and ALLAN E.HENNING,her husband,as parties of the
second part,with the approval of the Orphans'Court Division of
Washington County,Pennsylvania,entered into an '~greement
Providing For The Care,Welfare And Supervision Of Patrick Kevin
Cooper";and,
WHEREAS,said Agreement provided,inter alia,that
the parties of the second part should enter into and do certain
work in the residence of the late Herman Lawrence Cooper,which
residence is situate in Long Branch Borough,Washington County,
Pennsylvania;and,WHEREAS,the party of the first part agreed
to advance certain moneys to the parties of the second part,the
same to be used for the purchase of materials to be placed in the
aforesaid residence;and,WHEREAS,the party of the first part,
acting through his attorney,Howard F.Carson,Esquire,did
advance the sum of $200.00 to the parties of the second part;
and,WHEREAS,the parties of the second part did enter into the
said residence and did perform a negligible part of their obliga-
tions imposed by said Agreement;and,
WHEREAS,the parties of the second part have
requested the party of the first part to release them from their
obligations under said Agreement,and they have returned the
aforesaid $200.00 to the Executor's attorney;and,the Executor'
attorney and the parties of the second part appeared before the
Orphans'Court Division's Judge and secured his pro forma approva
to amend said Agreement,conditioned upon the execution of a
Mutual Release between the parties,and it is ln compliance with
this direction by the Court that this Release is being made and
executed.
KNOW ALL MEN,that in consideration of the Mutual
Releases herein contained,and certain other considerations,the
receipt of which is hereby severally acknowledged,we,Emil A.
Eckert,Executor,party of the first part,and Judi M.Henning
and Allan E.Henning,her husband,parties of the second part,
hereby mutually release and discharge one the other from all
claims,demands,causes of action of every kind whatsoever,at
law or in equity,insofaras Paragraphs 3,4,5,6 and 7,as set
forth in said Agreement,are concerned,including the rights,
duties and obligations arising from and out of said Paragraphs.
The'parties of the second part will continue in
their capacities as Guardians of the Person of Patrick Kevin
Cooper,and they will act in locus parentis to him and he will
be subject to their discipline,instructions and guidance.
The parties of the second part agree to take and
transport the aforesaid minor,Patrick Kevin Cooper,with them to
their new home in the State of California,and they agree to
supply and furnish said minor with suitable and adequate living
quarters in their said new home,which quarters shall be compar-
able to the living quarters provided for their children.
The aforesaid minor,Patrick Kevin Cooper,shall
-2-
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conduct himself in a manner appropriate to his being a member of
the Henning family household.He shall financially contribute to
his support from his benefits under the Social Security Law,plus
any moneys which he may earn in activities which do not interfere
with his continued High School and/or Vocational School education
and training,for it is of the essence to this Agreement and the
arrangements pertinent thereto that the education and training of
said minor shall continue until he receives a diploma or an appro
priate certificate comparable thereto.
IN WITNESS WHEREOF,the said Emil A.Eckert,
Executor,party of the first part,and Judi M.Henning and Allan
E.Henning,her husband,parties of the second part,have hereunt~
respectively,set their hands and seals this 16 d day of
February,1971.
(SEAL)
(SEAL)
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Witness:
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a minor.
PATRICK KEVIN COOPER,
Estate of
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PETITION FOR ALLOWANCE
and
DECREE
In re:
IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'CDURT DIVISIONI ,~
NO.
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3/27/73 ..
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA.
ORPHANS'COURT DIVISION
In re:Estate of )li3 q ~70PATRICKKEVINCOOPER,No",r~~~/Z d
a minor.)
PETITION FOR ALLOWANCE
"
TO THE HONORABLE,
JUDGE OF SAID COURT:
The petition of EMIL A.ECKERT respectfully represents:
1.Your petitioner is the Testamentary Trustee for Patrick
Kevin Cooper,a minor;your petitioner having been so appointed
by the Will of Herman Lawrence Cooper,Deceased•
.
2.On June 5,1972,this Court made an Adjudication and
Decree which awarded $5,505.36 including funds distributed as
Family Exemption and cash,with credit to pe allowed for $53.00
of value in household goods and $121.28,leaving the net cash
awarded to the Trustee in the sum of $5,331.08.
~;
3.In the intervening 10'months the .Trustee has advanced
to the Guardian and her assignee,K.R.Si~baugh,with whom the
minor now resides in the State of Californ~ia,the sum of $1,313.05,
which sum represented funds needed by the minor due to an illness)
r l''~
an automobile accident,an"interrupted S~cfiai Security benefits
program,and monthly insurance premiumsof $27.00,leaving the
present balance in petitioner's hands in sum of $4,093.03,
$4,075.00 of which is in a Savings Account.
4.Your petitioner's Attorney,Howard F.Carson,Esq.,has
incurred certain telephone toll calls to California to discuss
the welfare of the'minor with the Guardian:'andwith her father,
K.R.Silbaugh,who now has the minor's custody.
5.By correspondence from the minor,his Guardian and his
custodian K.R.Silba.,:\-tgh,your petitioner's a ttorney has learned
.:'J':I '..~'--..~of the need of the mITIOr to secure means of transportation,begin-
•.I ,.
(..-.-,~,..
ning June 1,1973,for travel from home to work at Marathon
.'It ,.,._'~
Cartage,Los Neiotos Road,Santa Fe Springs,California,which
work the minor will secure on a full time basis about June 1,
1973,after his completion of his secondary schooling.
6.Your petition has also been informed that the sum of
$500.00 will be sufficient to secure a used automobile in suit-
able condition for such transportation purposes.
7.Your petitioner is informed and believes that the
recent 18 year old~'legislation does not affect the status of the
instant Trusteeship,hence the Court's approval of an expenditure
of this magnitude is.necessary.
WHEREFORE,your petitioner prays for leave and authority,
as follows:
1)that your petitioner,as Testamentary Trustee,be autho-
rized to pay the sum of $500.00 jointly to Judi Henning,Guardian
of the Person of Patrick_Kevi~Coop~r a~d to .said minor,.thee
same to be used in the financing of the purchase of a used auto-
mobile for said minor and/or liability insurance covering opera-
tion of said automobile;and
2)that Attorney's fees in the sum of $50.00,telephone
toll call charges not exceeding $15.00,and the costs of the
instant proceeding may be paid and reimbursed to Howard F.Carson,
Esq.,by your petitioner.
,'
And he will ever pray,etc.
,..:t ~,
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/.Emil A.E@ke't·~.
I Testamentary'Trustee
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..
A F F I D A V I T
.
'"
COMMONWEALTH OF PENNSYLVANIA )
COURT OF WASHINGTON )
SS:
('...'
Before me,a Notary Public,in and for said Court and
Commonwealth,personally appeared Emil A.Eckert,Tes"tamentary
Trustee for Patrick Kevin Cooper,a minor,who being duly sworn
according to law,deposes and says that the facts set forth in
the foregoing petition are true and corre
Sworn to and subscribed
before me this 1~'__
day of April,1973.
a---+~~---=--=-=-.:..:-----r-:::;..~~'.
Notary Public
BERUA MAY ALTEMARA,Notan'r:lit
,1.".MY COMMISSION EXPI RES
yJt·i?~/t!17
JOINDER
I,Patrick Kevin Cooper,do hereby certify that I am 18
years of age,that I have read the original of the foregoing
petition,that I have sufficient knowledge of its contents to
verify same as being correct,and that I do hereby signify my
joinder in the prayer of the foregoing petition.
1:(/'If'··.qLWJtaWc!1~./(SEAL)
,Patri~k Kevin X::ooper
,"
- 3 -
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA.
ORPHANS'COURT DIVISION
In re:Estate of
PATRICK KEVIN
a minor.
)
COOPER,:
)
No./13 f Of+-L-/7...1...-::::.Z0~_
AND NOW,this
the Petition filed
DEC R E E
~----
~day of April,1973,upon consideration of
1n the above captioned proceeding by Emil A.
Eckert,Testamentary Trustee for Patrick Kevin Cooper,a minor,
and the Joinder thereto by the minor,and the substantiating data
furnished to the Court by Howard F.Carson,Esq.,as Attorney for
the Estate of Herman Lawrence Cooper,Deceased,the prayer of the
petition is hereby ORDERED granted,as follows:
1)Emil A.Eckert,Testamentary Trustee,1S hereby authorized
I
to pay the sum of $500.00 jointly to Judi Henning,the Guardian of
the Person of Patrick Kevin Coope~and to said minor,the same to
be used in the financing of the purchase of a used automobile for
said minor;proof of such purchase shall be furnished to the
Trustee by the Guardian sending photostatic copies of the purchase
documents after same has been concluded,so as to account for the
$500.00;should the entire $500.00 not be needed £or the purchase,
the balance may be applied to the purchase of liability insurance
covering the operation of said to be purchased automobile;and,
2)the Testamentary Trustee is ~ereby authorized to payor.
reimburse Howard F.Carson",Es'q~,th~fQl10wing:attorney's
,~~..-
telephone toll call charges not exceeding $15.00,fee~in the sum
"$50.00 and the costs of the instant proceedih!~s'-,.-.,
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1
II
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISICN
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THE HONORA BLE P.VINCENT MARINO,Judge
of the said Court.
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HEARING ON PETITION FOR APPOINTMENT OF GUARDIANS dF PE:RSGN
PATRICK KEVIN COOPER,
ESTATE OF
IN RE:
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hearing on t.lir:e Petition of Patrick KevinrCooper,a minor over the
age of 14,requesting the appointment"of two persons to serve as
guardians of his person.
~!:!~APPEARANCES:
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ui0:IIII-0:oII.~MR.CARSON:
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HOWARD F.CARSON,ESQ.,of Charleroi,Pa.,
representing the Petitioner.
Friday,November 27,1970,at 10:00 o'clock A.M ,
EST.
If the Court please,this is the time set for the
At this time I call Patrick Kevin Cooper.
THE COURT:Mr.Carson,you have attached to your Petition as
Exhibit "A"the Renunciation of Samuel Clifford Winnett to serve
as Testamentary Guardian of the person.Was he appointed as
Testamentary Guardian of the person or of the person as well as U e
estate·?
MR.CARSON:Of the person only,Your Honor.The Will provideE
2
a separate provision for the guardian of the person,then there's
another appointment for the trustee,and then there is a third
appointment for the executor.Now as of now,Emil A.Eckert has
qualified as the executor.The provisions appointin~the trustee
provided in the alternative either Emil A.Eckert or myself.As
of this moment,since there is nothing for the trustee to do,Mr.
Eckert is not actively s erving as trustee.What we,had in mind
was once the estate was administered,including seeing what could ~e
done h~re to save the h.ouse for"Pat,which is what we are trying
to do,at that time I was going to confer with Your Honor to determ ne
whether Mr.Ecke,rt -should 1?e formally qualified as trustee or
perhaps a bank should be appointed."I have already discussed with
Your Honor the possibility of myself serving as trustee and it was
informally decided there might be a possible conflict of interest
since I was already attorney for the estate.So I will not be propos ihg
my own appointment..
THE COURT:'
MR.CARSON:
yery well.I:unElerstand.You may proceed.
Thank you,Your Honor.Inciden.tally,Mr.Winnett
is not here in Court.I saw no need of his coming.\Dpersonally
secured and witness his signature on November 18,1970.
PATRICK KEVIN COOPER IS CALLED AND SWORN.
EXAMINATION BY MR.CARSON:
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What is your name?
Patrick Kevin Cooper.
When wereyou born,Pat?
February 21,1954.
And the Petition tl1at the Judge has before him you read or was
read to you before you signed it,wasn't it?
Yes,sir.
To expedite the mat ter a little bit,am I correct that your home is
in Long Branch Borough?
Yes.
And that both your father and mother are deceased?
Yes.
And your father died last and qe w?-s Herman Lawrence Cooper?
Yes.
And he died on August 31,1970?
Yes.
As I just stat ed,Your Honor,in conformity with paragraph three cf
the Pet ition,the Will of Herman Lawrence Cooper was probated in
the Register of Wills Office of this county on September 22 ,1970,
and ih that particular will,Samuel Clifford Winnett was named as
Testamentary Guardian of the person of Patrick Kevin Cooper,the
minor.But that Mr.Winnett is unable to serve,as is shown by his
----,,--
Renunciation.I have,since that time,Pat,am I correct,tha t
you and LVWjLtb some help also from Mr.Eckert,have tried to wor
it out soyou will be able to continue living at your home in La1.ng
Branch?
A Yes.
Q Am I also correct that sine e your father's death you have be.'.~n
temporarily living at the home of Mrs.Deems in West BrownsvillE?
4
A Yes.
Q Now we have worked out an agrement subject to the Court's approv 1
with your cousins"-is that right?
A Yes.
Q And her nam'e is Judi M.Henning.
A Yes.
,
Q You may not haveknow_n the middle initial,but you are in agreemeit,
areyou not,as to her first name?
A Yes.
Q And also her husband's name is what?
A Al Henning.
Q Now are Mr.and Mrs.Henning the coup Ie to my right as I point
at them over there?
A Yes.
Q Do you want them to be appointed by the Court in place of Mr.Winr ett
to be you r guardian so far as being a guardian of your person is
concerned?
--------------------------------
A Yes.
Q And do you realize that if the Court sees fit to appoint ~r.
and Mrs.Henning as your guardian of your person that the)
will have all the rights and obligations as though they
were ycur parents in as far as a matter of supervision
and discipline is concerned?Do you understand that?
A Yes.
Q In other words,this has nothing to,do with your property
And are you willing to have them appointed,realizing
that you will owe them the obligations of respect and
obedience.?
A Yes.
Q Your Honor,I realize my questions have been quite leadin
here,but I was trying not'only to expedite it,but to he p
Pat out here,by reason of his unfamiliarity of being in
Court.Would you ,have any questions to ask of Pat?
THE COURT:No.I am inquiring as to whether there
is any relationship between these partie s.
MR.CARSON:Yes,sir;I will go into that again.
Q Pat,what is the relationship bewween you and Judi?
A We are cousins.
Q Am I correct her mother and your mother were sisters?
,A Yes.
Q Now you are not related to Allan,other than the fact tha~
he is Judi's husband.Is that right?
A Yes.
Q So far as you know,do they have any interest which would
be adverse your own interest?In other words,they have
no interest in your father's estate,do they?
A No,sir.
Q Anything else,Your Honor.
THE COURT:
MR.C:ARSON:
(Witness excused).
No.I have no other ,questions.
Thank you,Pat.
JUDI M.HENNING IS CALLED AND SWORN.
EXAMINATION BY MR.CARSON:
Q What is your name?
A Judi Henning.
Q How would you spell that?
A J U DII.
Q Where do you live,'Judi?
A Right n?w,303 'Is~belia,North Charleroi.
Q Are you married?
A Yes.
Q To whom?
A Allen Henning.
Q When were you and Al married?
A 1959.
Q Do you have any children?
A Three.
Q Give their names and ages.
Suzanne,10,Stacy,8,Shawn,11 months.
Do you know Patrick Kevin Copper?
Yes.
And are you related to him?
Yes.
In what way~
Cousins.
Do you agree with the statement that WqS made a moment.ago that your mother and his mother 'were sisters?
,Yes.
Am'I correct ,that for several weeks 'you and I have talked
to work out an agreement whereby you 'and your family will
move into Pat's home in Long Branch so as to be able to
take care of him and furnish him a home?
Ye s,sir.
Am I also correct that YO\l initially came to me,I didn't
go to you?
Right.
Now do you understand that if the Court appoints you as
guardian of Pat's person that it really has nothing to do
with Pat's finances or with his estate.It's a matter of
furnishing him a home and furnishing also supervision and
discipline to him •
.Yes.
In the last few weeks you have had a certain amount of
exposure to Pat,haven't you?
A .Yes.
7
Q Do you believe that you will be ,able to supervise him?
A Yes,I do.
Q And if the Court approves of this appointment will you
be treating him as though he were one of your own childre
so far as conditions and soforth are concerned?
A Yes.
Q Along that line,what arrangements have been worked out
with Pat so far as what room he will have in the house?
Me has his own room in the house.
8
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Now is that the room that his father formerly had?
I'm sorry,yes.
Now the house needs a certain amount of repair work on it
does it not?
A Yes,it does.
Q As it is,do you have any interest in the estate of Hermar
Cooper?
A No.
Q Are you a fiduciary or an officer or an employee of eithe
Emil Eckert or myself?
A No.
Q So oin other words,there would be no conflict of interes
between yo~r interests and the interests of Pat or of his
father's e state ;'by conflict of interest,I mean you have 1 0
claims.
A No.
Q What religious denomination are you and your husband?
A Protestant.
9
Q And what was the religious persuasion of your AuntiMae?
A Protestant.
Q If the Court sees fit to appoint you and your husband as
guardian of Pat's person,do you realize that you will no
only have the right to supervise him but you will have thE
obligation to ·care for hjmas though he were on~of your
own children?
A Yes.
Q And 'are you willing to assume that obligation?
A Ye s,I am.
Q Does Your Honor have any questions of this wiillness?
EXAMINATION BY THE COURT:
Q Mrs.Henning;what is the reason for you -and your husband
.
entering into this relationship if it is permitted by the
Court?
A That's a hard one to answer.
-Q Well,what prompted this whole thing?
·A Well,we knew that,well,what actually started it,we di nIt
know that he bad been appointed a guardian but then when
we found out that he had,that Mr.Winnett,you kno¥,
I don't know how to say it,I don't want to say didn't
want to do it,but couldn't do it,we wanted to make sure he
stayed with the .family.
Q And do you considerpurself part of the family?
A Right.
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How old are your children again?
The olde st one is ,ten;then eight and 11 months.
What is your husband's occupation?
He's a welder.
Where?
At Ae~o-Dyna~ics in Bentleyville.
Doe s he 'MCo;iik reglilarlH?...j I iJl.
Yes.
Where are you living now?
On I~abella in North Charleroi.
In a rented home?
Yes.
10
Q When did you anticipate going to live in this'home that i
going to be prepared for living?
A We 11,the close's t .we can come is be twe en January 1 stand
Fe bruary.1st •.'
Q Why?
A Well,there are two rooms that have 'to be finished .before
we can move in.They are not ·liveable yet.
MR.CARSON:If I might interrupt,Your Honor,to
expedite it,when you finish interrogating'this witness
I was going to ask your permission if we could go into so~e
of the details of the proposed contract between Mr.and
Mrs.Henning and the executor of the estate.So if there
were any questi~ns to be asked,any details to beiironed
out,the Court would be fuly well aware of everything
before you actually made any decision either on appointin~
11
these persons as guardian or on the approving of the propcsed
contract.If you would like,I could go into that phase
of it now with Mrs.Henning.
THE COURT:No,I think it's best to take that matier
up with the Court privately.
(Continued examination by the Court):
Q YourQo~dest child then is 13?
A No,sir,10.
Q How much schooling have you had,Mrs.Henning?
A I graduated from high school.
Q Where?
A John Marshall High School in Eleveland.
Q And when were you married to your husband,what year?
A 1959.
Q How long have you lived in this area?
A Twoc year~..
Q Where were .you living before that?
A We lived in the State of California from '59 till twoyear
.ago •May I add s?mething there?I was actually born
and raised here though.
Q What district?
A Washington County,Fallowfield Township.
Q .When d1d you go to Cleveland?
A We went to Cleveland in 1955.
Q Were you with your family?
A Yes,sir.
12
Q Then after graduation,what did you do in the four years
that elapsed from that time until you got married?
I worked.
Where?
Southern Western Life Insurance Company,and also Lakewooc
Hospital,both in Cleveland.
Wi th the life insurance company,what was the nature of ~our
work?Qffice work?.
Office Work.
And with the other group?
At the hospital ~as casfuier.
Now when you were in the State of California,what was
your husband doing?
Welder.
Same occupation?
Yes.
Why did you go to California?
My family mov,ed there •.My mother and father.
Well,you were married though,weren't you?
No,sir.They didn't move there until the January of 1959
and I didn't 'get married until May of 1959.
Did you marry in California?
Ye s,sir.
Is your husband from California?
Not originally,no.Originally he is from Michigan.
And then why did you come back to Pennsylvania after you
were married?
13
A I was homesick.And I have an elderly grandmother that
lives here.·
Q Didn't you or your husband like it in California?
A Well,we liked it but it's a fast p~~eof living.We're
just not that fast.
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What part of California were you in?
Southern California,around Los Angeles.
,..•
What church do you attend?
First Christian Church of Charleroi.
And what church did the parent .or parents of Patrick atte d?
I don't know what ch~rch Mr.Cooper attended.And I belie e
my aunt,I know at one time she did'go to the Latter Day
Saints Church,but I don't believe she joined that church
'.
Q Has Patrick Kevin Cooper been attending church at all?
A That I don't know.
Q The Court has no other questions.
EXAMINATION BY MR.CARSON:
Q Mrs.Henning,should the Court approve or should the Cour
make the appointment.of you and your husband as .guardians
of Pat's person,will you see to it that he receives some
religious training?
A Yes,sir.
Q And finally,am I correct that normally your ~Dice is mu h
stronger?
A Yes,sir.
Q That's all.
14-
(Witness-excused).
ALLAN HENNING IS CALLED AND SWORN.
EXAMINATION BY MR~CARSON:
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What is your name?
Allan-Henning.
What is your middle initial?
E.
Do you agree that normally your wife's voice is much stro ger
than it is this morning?
Very much so.
Mr.Henning,where were you.born?
Detroit,Mic~igan.
When?
1932.
So that makes you 38 years of age now.
Yes..
And how far did you go ··in school?
High school.
Cooley High School in Detroit until the lOth gtade,then
I attended a Southville trade school.
How long did you go there?
I finished there.
What type of training did you receive in that trade schoo?
I took tool design and drafting.
And what is your occupation now?
I'm a welder.
15
Where do you work?
Aero-Nucili~ar~.My wife had it wrong.
Where is that?
Bentleyville.
Hbwl'iliorrg "ba.ve you worked there?
Rougg,l;Y:j',four months.
Where did you work before that?
I worked for Westmoreland Pavement,Connellsville.
How long did you work for them?
Roughly three months.I had the contract more or less
to construct a new asphalt plant they were building up till reo
Where did'You work>before that here in Pennsylvania?
Maintenance Welding at Donora.
'How long did you work there?
Roughly a year and a half.
Prior to that time is when you were in California?
1e s..
If the Court appoints you and your wife as guardians of
the person of Patrick Cooper,that will in all"likelihood
inuolve the matter o~going considerable work at the Coop r
home in Long Branch,will it not?
Ye s,sir.
Have you inspected that property?
Yes.
With the exception of installing a furnace,do you believ~
that you have the skills and knowledge and experience to Drovid
most or probably all of the labor that will be necessary
,----------..----------------------,--------,-------
16
to make that house liveable?
A Ye s,sir.
Q Do you know of any conflict that presently exists ~@tween
you-and/or your wife so far as a conflict with the estate
of Patrick Cooper or his father is concerned?
A No,sir.
I
Would you tell the Court why you -are willing to assU@e
Yes,sir.
Ye s,sir.
And are you willing to take the -time to give him the
supervision that a 16 year old noy needs?
obliga~ions to ~im ,as though he were your own child,
excepting financ;ally?
,,
Incidentally,lam not your attorney,am I;t
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No,sir.
Do you have any relationship so far as employment is con-
cerned with or to Emil A.Eckert the executllI'of the estatE?
,No,.sir.
Do you realize that if the Court sees fit to appoint you c s
guardian of Pat's person that you will owe all of the
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this obligation?
I feel that Patrick Cooper needs a family that he can tur
to for medical needs or personal problems that.a 16 year
old boy has,companionship.
Q Have you had sufficient exposure to Pat in the last few
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weeks to form an opinion that you will be able to carry
out the duties of a father to him?
A Yes,sir.
Q And he a son to,you?
A Yes.
Q Conside~ing that,exposure,are you still willing to assumE
these obligati9~s?
A Ye s,sir.
Q Does Your Honor have any questions of Mr.Henning?
EXAMIpATION BY THE COURT:
Q Mr.Henning,do yo~propose to continue in your welding
job?
A Yes,sirl
Q Is the job you now have considered to be of a permanent
nature?
A Yes,sir.
Q But you have only been in this job a matter of months?
A That's right.
Q Where is your employment?
A Aero Nuclear.
Q Where is that located?
A Bentleyville,sir.
17
~.CARSON:If I might interrmpt,I believe it's p 3.rt
of the new industrial park right at the Bentleyville
exitl.:at Route 70,is thqt correct?
A Yes.I might add the majority of the work we do is classiPied
atomic energy commission welding,machine work.
18
Q.Do you propose to do some remodeling of the dwelling that
is in question here?When would you qo your remodeling?
~A 'I had hopes of starting this weekend,sir.
Q Well,how would that fit in with your work?I am anxious
to know how you are going to take care of your job and do that
work as well~.
A 1work~trictly a dayshift on my job.That givesme free
evenings a.nd weekends.
Q What tare generally the changE?s that you.propose to make
,in this dwelling?
A To finish off two rooms in the attic to make it liveable or
my family.
MR.CARS'OM :.Would you be more detailed for the Jud ~e?
Tell him what you expect to do up there.
A ~t has to be cleaned out,to start with.There~s a lot ,of
.·'misce:J-laneous items up there that we want ito go through
.
with Pat to make s~~e we don't distroy anything of value
of his •.Then we'd 'have to start,insulate it through the
attic an~theroof an~panel it.
MR.CARSON:I might add,Your Honor,this contract
we will discuss later is proposed that the esta te pay for the
material but Mr.Henning furnish the labor.Along that
line,Mr.Henning,am I correct :Jtt's entirely possible
you m?-y have some of your friends or co-workers help you.
on this at your own e~pense as far as lab~r is concerned?
A !hat's right.
Q And what would be the use of these two rooms after they are
~-19
completed?
A Sleeping quarters for my family.
Q Are thej on the second floor or third floor?
A Second floor,sir.
A It would be two rooms in the attic.
new furnace that's going to be intalled does not supply
A Heating,Mr.Carson and my wife have discussed,if this
Q How about the heating?
If I might interject,Your Honor,at tIe
It's a bungalow-type,Your Honor.
..
proposed construction,the-installment of the new furnace
is to replace the present cold air return with a new one.
"sufficient heat,he has made arrangements to purchase
"electric heaters~
And that may be sufficient to heat the upstairs room
because there's a flight of stairs which goes up and
leads to these two rooms.If that'simnsufficient we've
present time,according to what the furnace installer tolc
me,the cold air return is inadequate and part of the
MR.CARSON:
Q Then the~wiring for those two rooms for electricity,would
there be any changes in that?
A No,sir.There's electricity up there now.So I wouldn't
have to make any changes there.
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made arrangements to install two electric heaters,one
in each room,the cost o~which Mrs.Henning and I,it's
about $22.00 a heater or something of that nature.
MRS.HENNING:I did find a lower price,so it would lun
.----------.-.---------------
20
about $25100 for the two of them.
MR.CARroN:For each you mean?
MRS.HENNING:For both.
MR.CARSON:Were those the arrangements that I jus
discussed with your wife the same arrangemnnts you were
starting to discuss with the Court?
Ye s,sir.
THE COURT:
isn't it?
Electric heater is pretty expensiv.e,
to pay the electric b~lls1
expensive when it comes to electricity.?Do you propose
Yes,sir.These electric heaters are small space heaters.
installer and I discussed the matter of putting duct work
I understand.They are the ones that a e
I might add,Your Honor,the furnace
It's concrete block more than anything
Is it a frame house?
Ye s,sir.
up,to these rooms but due to the construction of the wall:
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in the house,it would be/uerwrprohibative cos~to do it.
THE COURT:
MR.CARSON:
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else,as I recall.And the wall is heavily constructed,Ii's
very difficult,not impossible,but very difficult.The
gables up where these rooms are,there's frame up there
but I'm referring to ~he first floor level.
THE COURT:The Court has no other questions of thjs
witness.
MR.CARSON:Having heard the two proposed guardianE
21
of the person,Your Honor,does the Court haw any further
questions of Pat?
THE COURT:No other questions.
MR.CARSON:Pat,do you have anything further to a d
at this time?It all evolves around you.If you have any
questlons to ask of the Judge,this is a good shance to do
:!zit.~...I~"PATRICK COOPER:I have nothing to ask but I do have so e-z .z~thing to add.As far as the electricity and things like tat,.
io~I can help pay for the small bills like that.Because somzi~of my business runs in fixing cars.11m partially an:=
auto mechanic.I weld for some of the farmers around.1 1m
supposed to pick up a job in Long Branch Borough this
in
winter.And 1 1m going to start working back/myoId junk y rd
You will be in school then at least un il
Do you do this other work on the side;
Yes.
Ye s,sir.
again,as junk is a "good b~t of my business.
Are you in school,Mr.Cooper?THE COURT:
THE COURT:
THE COURT:
PATRICK COOPER:
ai0:III~PATRICK COOPER:
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you graduate from high school.
MR.COOPER:
MR.CARSON:
Yes,sir
I might add,Your Honor,Pat,correct e
Iif Il!lm wrong,during the time since his father passed
away,his attendance at school has not been as regular as
it should(;have been.Is that right,Pat?
MR.COOPER:Yes.
22
MR.CARSO~:+And,some of that has been caused by
illne ss.
MR.COOBER:Yes.
MR.CARSON:Some of it has been caused by the
hat
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How does he get to school from where h~ls
Now where is he at in school now?
He's going to California Area High Schbol
And if that school is completed before
Yes.
Now,Your Honor,they are building a'v(catior
half from you
No,.sir.
Yes •
Some of it is just maybe you didn1 t
right now,Your Honor.
you finish high school,is it your desire to transfer to
al high,school"':,c?pproxima teJy a miler'and a
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.home,Pat,would',·you say?
"dif~icuity of ~raveling from West Brownsville to Californ·a.
Yes.
-".vocational school for some trainmng?
'.
THE COURT:
MR.CARSON:
MR.CARSON:
lill •COOPER:
MR.CARSON:
,feel like it?.....
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MR.COOPER:'
'THE COURT:
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at?
I ride with Mrs.Deems'husband down tb
California.Then I catch a bus there and go to scho?l,ri~e
the bus back to California and hitch hike back up to
West Brownsville.
THE COURT:Hitch hike?
MR.COOPER:
MR.CARSON:
Yes.
That's as it is now,Your Honor.Once.
23
you move back to your own home in Long Btanch,how will
you go?
MR.COOPER:By bus transportation.e THE COURT:All the way?
::!MR.COOPER:Yes.z
0(.>THE COURT:And then,of cour se,back again?.J>,01 ,
Zz MR.COOPER:Yes.IIIIt.
i All right.That's all.Thank0THECOURT:you.I-CIz
i MR.CARSON:That concludes our testimony,YourUI0(
3:Honor.
And we will speak about the contract,proposed contract
privately •
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MR.CARSON:
We will take the matter under consierauion.
Yes,sir.
(Proceedings Closed).
cause~and that this copy is a correct transcript of the same.
I hereby certify that the Proceedings and evidence are contained
The foregoing record of the proceedings upon the hearing of the
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Z~fully and accurately in the notes taken by me on the hearing of the above
II.
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viII:~~above caus e is hereby apProved and directed to be filed.~~,cort,~\(r
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