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HomeMy WebLinkAboutOC1971-0450 - ESTATE OF BAIRENIN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA. IN RE:) ) Appointment of Guardian for )No.1so i /97 J) ANN BAIREN,an alleged ) ) incompetent.) PETITION FOR APPOINTMENT OF GUARDIAN The petition of WILLIAM,J:BAIREN respectfully represents: 1.That your petitioner,William J.Bairen,is a resident of Bulger,Smith Township,Washington County,Pennsylvania. 2.That the alleged incompetent is Ann Bairen and is fifty-six years of age,having been born on August 28,1914,has been a resident of Smith Township,Washington County,Pennsylvania, i and is now a resident of Torrence State Hospital,Torrence, Pennsylvania.The alleged incompetent and your petitioner were married on November 22,1939,and are the parents of two adult children,Donald J.Bairen and John W.Bairen. 3.That the alleged incompetent,Ann Bairen,has been in the Torrence State Hospital since August 11,1969,because of mental incompetency and mental illness.She is unable to manage her property and is liable to dissipate it or become a victim of designing persons. 4.The following are the only persons who would be entitled to a share of the estate of the above named alleged incompetent if she died intestate at this time:William J.Bairen.The only estate which the incompetent has is an interest as a tenant by the entireties in property hereinafter described. ·,. aI, 5.The total estate of the alleged incompetent consists as tenant by the entireties with her husband,William J.Bairen, in the following described real estate: ALL that certain piece or parcel of ground situate in the Township of Robinson,County of Washington and State of Pennsylvania and bounded and described as follows,to-wit: BEGINNING at a point in the center of a 40 foot street and on a direct line with the center of a 30 foot street;thence in an easterly direction in the center of said 40 foot street,a distance of 87 1/2 feet to a pin;thence in a Northerly direction, a distance of 100 feet to a pin;thence in a Westerly direction,a distance of 87 1/2 feet to a pin in the center of the aforesaid 30 foot street;thence in a Southerly direction in the center of said 30 foot street,a distance of 100 feet to the place of beginning. ALSO,all that certain lot or piece of ground situate in the Township of Robinson,County of Washington and State of Pennsylvania,and bounded and described as follows: BEGINNING at a pin on line of lands of.Edward Mae-I ssens and in the center of a street extending North and South; thence along the Southern line of said lands in an easterly direction,a distance of 109 feet to a post;thence in a Southerly direction,a distance of 65 feet to line of land of Edward Maessens;thence in a Westerly direction along the line of lands of Jules Gillis,a distance of 109 feet to the center of street;thence along the center of said street,a distance of 65 feet to a post at line of other lands of Edward Maessens at the place of beginning. 6.That the alleged incompetent has no income,but your petitioner desires to sell the property herein described,and a guardian is necessary to effectuate the sale. 7.Your petitioner has buyers,Andrew G.McCay and Doris E.McCay,his wife,willing and ready to pay $6,800.00 for the property,which proposed sale is to be made through the Gaitens Real Estate Agency in McDonald,Washington County, Pennsylvania.It is the opinion of your petitioner that this price is fair and reasonable. 8.That the alleged incompetent is not nor has she ever been a member of the armed services. Ii 9.That the petitioner is the husband of the alleged incompetent and has no adverse interests to the alleged incompetent.' 10.That no other Court has ever assumed jurisdiction, nor has there been any proceeding to determine competency of the I alleged incompetent and no guardian has heretofore been appointed' for alleged incompetent in this or in any other jurisdiction. WHEREFORE,the petitioner pr~ys that Ann Bairen be adjudged an incompetent and that he be appointed Guardian in the Estate of Ann Bairen. COMMONWEALTH OF PEN~T3\'7-,YANIA ) )S5: ) Before me,the undersigned authority,personally appeared WILLIAM J.BAIREN ,who,being duly sworn according-------------- to law,depos€6 and say s that the facts S0t forth :in the foregoing PetitiOD for Appointment of G)]ardian ate true and correct as he verily believ€6 . I Sworn to and subscribed before me this 28th day of _..tlA..,pL.Lr:..li...l1L..-_'19.....u-. DARLENE NICHOLAS ':::-I~nt~ry PUL,,;C.¢Iast,:ngtoo,Washillgt{)o Co• ...J .....·'M~LulllllllSSIVJl i:.J.~lIesJanuary 17,.1972.....'- NO.L,o of 1971 mnmtunttturultl1 nf JrttUl1ylllUuiu mnuuty nflmU1111iu9tl1u for ANN BAlREN,- an alleged 1Iu ID!lt QIourt of QIOtutuOU 'ltan of mall!liugtou orouutg.'tuullgluauia (@rpI1Uttl1'Qtnurt lltntl1inu IN A~~I}lTMENT OF GUARDIAN ~•.~\Qtitatinu ~ Incompetent.(.( \55: To:.Am BArREN,. an alleged Incompetent Sur Petition of:WILLIAM J.BAIRm .1J. ~rrrttng: Dr Qtnutm~u~luu,--=-=ANN=.:.:.:.--=B:.:.::;AIREN=·:.1-'_ that,laying aside all business and excuses whatsoever,you do file in the office of the Clerk of our Orphans'.Court of \Vashington 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 7th day of__--"J'-"u>linew.._ E.D.SoT., 19-.1!..,at 10:00 o'c1ock_A_.M.l and show cause why the said ANN BAIREN the alleged incomretent should not be declared so,and a guardian of her estate appo:i.nted; .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, at Washington,Penna.,the 3d day of May,A.D.,,19 ....7=1__ ~2J;~ .Clerk of the Orphans'Court HANNA AND HANNA, Attorneysfor Petitioner. (Seal)/ ..Esq. Washington Trust Bldg., Washington,Pennsylvania 1,301. "\,." IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA. IN RE:) ) Appointment of Guardian ) )NO. for ANN BAIREN,an alleged ) ) incompetent.) o R D E R of GEORGE K.HANNA, AND NOW,this~daY of__~~~~~,1971,upon the facts of the within Petition,and ESQ.,it is hereby OR~D AND DECREED that a CITATION be issued, returnable to theE ay of _ - ,1971,at /<V,-'~ -0'clock,fi.M.,E.D.S.T.,thalleged incompetent Show cause why she should not be declared so;that the above date and time be the time set for hearing and that notice by registered mail be given to interested parties at least twenty (20)days prior to the date of the hearing;the incompetent to be personally served. "":...,," IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION IN RE: ESTATE OF ANN BAIREN, an alleged incom petent. No.450 of 1971 DEC R E E A ND NOW,June 1',1971,upon consideration of the annexed petition and after a hearing held following due notice,it is ORDERED AND DECREED that ANN BAIREN is adjudged an incompetent. William J.Bairen is appointed Guardian of the Estate 6f Ann Bairen, an incompetent. The said Guardian is directed to file an inventory in accordance with the provisions of Section ·'102 of the Incompetents I Estates Act of 1955, as amended. 1971., >~'• ~'!I IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA~ ORPHANS'COURT DIVISION IN RE: ESTATE OF ANN BAIREN, an alleged incompetent. ) ) ) ) ) No.450 of 1971 PETITION OF GUARDIAN TO MAKE PRIVATE SALE OF REAL ESTATE The Petition of William J.Bairen,Guardian of the Estate of Ann Bairen,incompetent,by his attorney,George K.Hanna,ESq.r respectfully represents: 1.That your petitioner is the Guardian of the Estate of Ann Bairen,having been appointed on June 9,1971,a copy of said Decree being attached hereto and made a part hereof and marked Exhibit "A". 2.That the incompetent whose domicile is Midway, Washington County,Pennsylvania,is a patient at Torrance State Hospital. 3.The incompetent's estate consists solely of the following described real estate: ALL that certain piece or parcel of ground situate in the Township of Robinson,County of Washington and State of Pennsylvania and bounded and described as follows,to-wit: , BEGINNING at a point in the center of a 40 foot street and on a direct line with the center of a 30 foot street;thence in an easterly direction in the center of said 40 foot street,a distance of 87!feet to a pin;thence in a Northerly direction, a 4istance of 100 feet to a pin;thence in a Westerly direction,a distance of 87!feet to a pin in the center of the aforesaid 30 foot street;thence in a Southerly direction in the center of said 30 foot street,a distance of 100 feet to the place of beginning. ALSO,all that certain lot or piece of ground situate in the Township of Robinson,County of Washington and State of Pennsylvania,and bounded and described as follows: BEGINNING at a pin on line of lands of Edward Maessens and in the center of a street extending North and South;thence along the Southern line of said lands in an easterly direction,a distance of 109 feet to a post;thence in a Southerly direction, a distance of 65 feet to line of land of Edward Maessens;thence in a Westerly direction along the line of lands of Jules Gillis,a distance of 109 feet to the center of street;thence along the center of said street,a distance of 65 feet to a post at line of other lands of Edward Maessens at the place of beginning. 4.The real estate described in Paragraph 3 is owned by the incompetent and your petitioner,they being husband and wife,as tenants by the entireties. 5.That the only creditor known to the Guardian is the Commonwealth of Pennsylvania;although,there is an agreement by the petitioner and the Commonwealth as to payments for the keep of the incompetent. of the 6.That your petitioner has received a bid for the sale I property in the amount of $6,800.00 from Andrew G.McCay I and Doris E.McCay,his wife,of Joffre,Smith Township,Washingtop County,Pennsylvania,said sale having been arranged by Andrew F. Gaitens,a real estate agent,located in McDonald,Washington County,Pennsylvania. 7.It is theopinion of your petitioner that this price is a better price than can be obtained by a public sale of the real estate,a copy of the agreement of sale is attached hereto and made a part hereof and marked Exhibit "B". 8.By the filing of this petition,the petitioner as the other party in interest consents to the sale of this property. 9.It is the opinion of your petitioner that this sale is to the best interest of the incompetent,it being impossible -2- for him under the present circumstances to take care of this property,and it will only continue to deteriorate to the loss of both himself and the estate of the incompetent. 10.That there is attached hereto and made a part hereof and marked Exhibits "C"and "D",affidavits of to competent person as to the value of the real estate. 11.Your petitioner,therefore,desires that a date be set for the confirmation by the Court for the sale. WHEREFORE,your petitioner requests the Court for leave to sell the real estate at private sale as herein described. -3- COMMONWEALTH OF PENNSYLVANIA COUNTY or WASHINGTON ) )S8: ) Before me,the undersigned authority,personally appeared ....W._i.l;.;l;.;l.;.;·a;;;m...J;..;.••B....a..i ..r..e..n , who,being duly sworn according to law,deposes and says that the facts set forth in the foregoing -------- Petition verily believe s. he Sworn to and subsc.tbed before me tb1s 11th day of _...J.u,;.,n.e ,1922:.... <-'"_,----DARLeNE NICHOLAS "'~ ,'.~NO;ary Public.Washington.Washingttln Co• •';.,~~'My CommlSSIOO EJ-pires January 17.1972," ~~_'.,I /~~ ~'1,,.I i......' , ,i ". ,.:!,'.'·1 'f ." "~' +-~.' " ,.~j:'""'fi.l~~~; ",i~/ ,','l"i;~ f ",p I I "I.,. IN THE COURT OF cOlVIMoNPLEAS OF WASHINGTON COUNTY. 'ORPHANS'COURT DIVISION AND NOW...·June.·9 ,:1.1971.upon consideration of the:a~exed The said Guardian Is'directed to file an inventory tn accordance With the provisions of Section 402 of the Incompetents'Estat~s Act of 1955, ., ~'if;.. ;:Ac: ,. ::~;,;r;. " NO.4 50 of 1971 ) ) ) ) ) ) ) DEC R E E DECREED that . petition.and after a hearing held following due notice,it is ORDERED AND ~n alleged incompetent. ESTATE OF ~n incompetent.. ANN BAIRENis adjudged an incompetent. William J.'Bairen·ts"UlJpointed Guardian of the Estate 6r Ann Bairen, .~' IN,UE: '!','ANN BAIREN. '" ~-." ",.as amended. Tile said G~rdtanshall fUe bond with Slufficient surety in the sum of ,$500.00;upon sale ,of real estate,further bond shall be.required.i -:'.\ By the Court, P.V!Marino, ,Ex h i bit "A" .,. ~.:i..·.'{II ~. Form NA Y..NO.l.l'.('A-Agreement for the Sale·of Real Estate.•.,'_(WithCoal Notlce).' Adopted _Bar Association in Pennsylvania " Copyright1969 P.O.Naly Company For Sale by P.O.Naly Co.,Law Blank Publishers 425 Fourth Avenue,,Pittsburgh,Pa.15219 one thouaGfId·nCne hundred and,eeva.,....""" IlttnJttn"'··'n~'I.IADII ," ;.,J; eta the year 01 Our Lord ,;".,J .'padIes 01 the a"oOtld part. 'IIttnts.BttIJ~Tlklt tM aoed part 01 tMllrat part,for the cOtlBCclsrGttota hereinafter metatCofted.do Mtr.t,Necutora cmd·Cldmlntlrtratora,oOt1enCJnt,promiBe and agree.to and .cith the aaW part le9 .of the aecotld part .,Chew''heW.and·aia'g;..,by tM.eFesent••that,the .atd part ......210 un01theIIrstpart,.IkID and .ciD,Oft or before at tM proper costa cmd charge"of the aoW Mtr.CJfId aaMgu,by deed 01 general tOGmJtIty,weD and fttflclfmtly grato COfWey and asaUre unto the aaW IDl1grlQtr tDCth aD and Mngular the btdldi"ge,improwmeat.afld other pram"""hereby clem"'"d,.cith tM appurt8tlCltICea. I.cOft8CderaHon whereof the 'aCd~hea"COIICI pari,tbaiI'heira,ezecutora cmd Cldmi,,"'tratora.doth covena"t,prom"'e and agree,to and ,mth tM aatd part of the !irat part heir"and CJ8lrigtl8,by tMae leo .aIt3bpre"mta,that tM part of tM ""cOtld part heir••ezecutora and admi""'tratora ahaD and teal toeD atld truly payor C/J'lUe to be paW u"to the laid'.',•e:recutora and CJ.9Mgt18t'atr'.ac::~li'-sad mo/lOO ($6.600.10)Do11.al8, (I)•,CUI of •••a _,ac ..bdafe Che et.p!Ds of Chie ~.t,,.of which Ie llenbJ _boW~. (I)h baltam:e,M.-.GO•.UpGa _11..,01 DacId., Exhibit "B" .',l.'. ,Ta.z68,••~o.be pro-rated as of _ta.f deU.."of Deed.• Possesswn to be given UJ8R cIeU-"of Deed. NOTICE-THIS DOCUMENT MAY NOT (DOES NOT)SELL,CONVEY,TRANSFER,INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRmED OR REFERRED TO HEREIN,AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE (HAVE)THE COM- PLETE LEGAL RIGHT TO REMOVE.ALL OF SUCH COAL AND,IN THAT CONNECTION,DAMAGE MAY RE- SULT TO THE SURFACE O}<'THE LAND AND ANY HOUSE,BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND,THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE OR RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED,TRANSFERRED,EXCEPTED OR RESERVED BY THIS INSTRU- I\lENT,[This notice is set forth in the manner provided in'Section 1 of the Act of July 17,1957,P.L.984,as amended,and is not intended as notice of unrecorded instruments,if any.]. And for the true performance of aZlland every the covenants atid agreements aforesaid,each of the said parties bind~th himself,his heir8,executor8 and administrot6r8,untl)the other,hi.!executors,administrators and assigns,firmly by these preaents. The deed to be 'delivered will contain the notice prescribed by the Bituminous Mine Subsidence and Land Conservation Act of 1966,which notice the part tee of the second part hereby covenant(s)and agree(s)to sign on delivery of the deed. 3ht mitnl'ss .111'rl'o!.The said parties to this agreement have hereunto set their ham!8 and sea18 the day and year ..'.--._-_..---.---.......-----------._-_.........._-_.._--....--_......-....--_..---_...._.-----_.... ,.JI~c:.;{i01~~~..-~ ....,-____--_.____..~ "~,""'~'''-~.''.1!2C~_·--·--·e~-f:l1Ie(/./t=··_········.e On thia dGtI 01 A.D.19 rome theabow named '"alid lor 8CIid and be recorded as 8uch. acknowledge the !&r'lgoing Agreement to be ,seal. act and lUJed,tl)the end that it mall ..to,.,.."..•..,~.,~ I, A F F I D A V I T ______W_1_·l_l__i_a_m__R_.__S_a__u_s_s_e_r ,have inspected the real/property to be sold;that I am acquainted with the ~.,~~f value of real estate in the locality of the property;that I am not personally interested in the proposed sale and in my opinion the price to be paid at the proposed private sale is more than can be obtained by public sale. Sworn to and subscribed before me this 10th day of June,1971. DARt ,NE NICHOLAS . I~(ll~r,PullilL."""shlOglon.Washington Co. ~iy '..viil IiI~SIUIi t.p'Ies JanL!ary 17.1iZ2 Exhibit "C" I~ A F F I D A V I T ________~J~o~h~n~S~o~l~o~m~o~n~,have inspected the real property to be sold;that I am acquainted with the value of real estate in the locality of the property;that I am not personally interested in the proposed sale and in my opinion the price to be paid at the proposed private sale is more than can be obtained by public sale. Sworn to and subscribed before me this 10th day of June,1971. DARLENE NICHOLA~ t;otary Public,Washington,WashiTlgt~n Co. ~j Commisslor]Expiles January 17,1972 Exhibit "D" IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA. ORPHANS'COURT DIVISION IN RE: ESTATE OF ANN BAIREN, an alleged incompetent. ) ) ) ) ) ) No.450 of 1971 o R D E R e real estate of Ann Bairen,incompetent;notice of-sale sale, _~::!:::!!:::::J::::wQlooooL_'1971,at II;~o'clock,d-.M.,is set as the date of final confirmation for the private saleher AND NOW,this ;JI~y of June,1971,on the moti~ of GEORGE K.HANNA,ESQ.,Attorney for Petitioner,the ~t?-aay of shall be given to interested parties by Registered Mail. By the Co rt,/. ;. .. nI I IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA I. ORPHANS'COURT DIVISION IN RE:) ) ESTATE OF ANN BAIREN,)NO.450 of 1971 ) an alleged incompetent.) -FINAL DECREE -rJ-AND NOW,this gf day of June,1971,hearing having been held in open Court after proper notice according to Order of Court;and no additional bids having been made at said hearing, the private sale of the property of Ann Bairen,an alleged incompetent,to Andrew G.McCay and Doris E.McCay,his wife, I is hereby confirmed.The total purchase is $6,800.00,and the property which is the sUbject of this sale is described as follow~: I II I II II II II II ALL that certain piece or parcel of ground situate in the Township of Robinson,County of Washington and State of Pennsylvania and bounded and described as follows,to-wit: BEGINNING at a point in the center of a 40 foot street and on a direct line with the center of a 30 foot street;thence in an easterly direction in the center of said 40 foot street,a distance of 87 1/2 feet to a pin;thence in a Northerly direction, a distance of 100 feet to a pin;thence in a Westerly direction,a distance if 87 1/2 feet to a pin in the center of the aforesaid 30 foot street;thence in a Southerly direction in the center of said 30 foot street,a distance of 100 feet to the place of beginning. ALSO,all that certain lot or piece of ground situate in the Township of Robinson,County of Washington and State of Pennsylvania,and bounded and described as follows: BEGINNING at a pin on line of lands of Edward Maessens and in the center of a street extending North and South;thence along the Southern line of said lands in an easterly direction,a distance of 109 feet to a post;thence in a Southerly direction, a distance of 65 feet to line of land of Edward Maessens;thence in a Westerly direction along the line of lands of Jules Gillis,a distance of 109 feet to the center of street;thence along the center of said street,a distance of 65 feet to a post at line of other lands of Edward Maessens at the place of beginning. STATE OF PENNSYLVANIA COUNTY OF WESTMORELAND Saul Greizman,M.D.,being duly affirmed according to law deposes and says: 1.That he is a practicing physician,re sident :at the Torrance State Hospital,Torrance,Pennsylvania,and is connected with the Torrance State Hospital as Acting Superintendent. 2.That Mrs.Ann Bokulish Bairen,a resident of the County of Washington,State of Pennsylvania,was admitted to the Torrance State Hospital at Torrance,Pennsylvania,on August 11,1969,in accordance with the Mental Health and Mental Retardation Act of 1966. 3.That upon admission of the said Ann Bokulish Bairen on August 11, 1969,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 Ann Bokulish Bairen 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 Ann Bokulish Bairen is such that her welfare would not be promoted by her pre sence in Washington Count Court. 6.That the prognosis for her recovery is poor,as the illness from which Mrs.Bairen is suffering is such that it progressively becomes worse with the passage of time,in spite Sworn and subscribed before me this 12 day of May 1971 ~I ~..Af'~..'.:~/~ / •\M Notary PublicLlLLlI\N Meed\\I s 1973..Expires october •tl'y Commission of any k~own treatment. zJad~~Saul Greizma M.D. Acting Superintendent M.D. Iv IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA. IN RE:) ) APPOINTMENT OF GUARDIAN ) )NO.~50 of 1971. FOR ANN BAIREN,an alleged ) ) incompetent.) AFFIDAVIT OF SERVICEIt I Ii,COMMONWEALTH OF PENNSYLVANIA COUNTY OF ) ) ) SS: Personally appeared before me,the undersigned authority, ___J_u_li_a_p._o_A_ll_i_s_o_n_,_R_oN_o ,who,being duly sworn according to law,deposes and says that he did serve 'a copy of a Petition to Appoint a Guardian,on Ann Bairen,an alleged incompetent,at Torrence State Hospital,Torrence,Pennsylvania,on__M__a~y_'6~,~~ ________________,1971,by handing to her the said copy of Petition to Appoint a Guardian,and making known to her the contents thereof. ( Sworn to and subscribed before me 6,th day of May'this________,1971. l bn'l ;J ;'J1"CLAIN,Notary P,ub\to~,..~•l.I ••\.I My Commission Expires Otlob.e.r 8,19l1 ~I \ I ~'. >- .l'\ ~'o>., ;~,- , I.'" "i,.; j~ ~,. '~I ~, "• No.450 of 1971, IN'HE: ESTATE OF ANN an ·,alieged' <),'~::;~j <~ '0 ~ ."~ .~ .."to IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA. ORPHANS'COURT DIVISION IN RE: ESTATE OF ANN BAIREN, an alleged incompetent. ) ) ) ) ) No.450 of 1971 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON ) )SS: ) • Before me,the undersigned authority,personally appeared GEORGE K.HANNA,who,being duly sworn according to law,deposes a d says that he is the attorney in the above captioned estate;that as said attorney,he did mail a notice of hearing of final con- firmation for the private sale of the real estate of Ann Bairen, incompetent;that the said notice of hearing was sent to intereste parties by Registered Mail;that the said notices were mailed at Washington,Pennsylvania,on June 11,1971,and duly received as shown by the return receipts of the delivery of said registered letter containing the said notice,which said receipts are attache Sworn to and subscribed before me this,28th day of June,1971. ,DARLENE NICHOLAS r~Olll/Y Puolic.washington.Washington Co" ,tdY Commission ~Ilifes J(lDU8a}.k 1i1.I REGISTERED NO.l3369 POSTMARK OF Restricted $Delivery Special 6"l'1.-e.,..Oelivery$0"'"Return ./' I 7 0 Receipt $,Jt:' Handling $Charge Value $ ~Postage $1 2 t/0 AIRMAIL .. T..POSTMASTER (By '"~FR~O=;~==Ei~'~~~-~-_-IIe-r~--·_~-.L =~====~-j tV,~. ..Reg.Fee $" '11~t',1 (". .SAVE .THIS RE~.EIPT FOR REGISTERED MAIL COVERAGE--Domestic insurance for registered mail is limited to (1)the value'of the article at the time of mailing or the cost of re- placement iflost or totally damaged,or (2)the cost of repairs. Coverage may not exceed the limit fixed for the registry fee paid. Consult postmaster for additional details of insurance limits and coverage for domestic registered m.ail. FILING CLAIM··-Claim must be filed within 1 year from the date of mailing.Present this receipt and submit evidence of value,cost of repairs,or cost of duplication.- . 'FOREIGN COUNTRIES--Consult posti'lla~er as to insurance coverag~ on registered articles addressed to foreign countries...._.... GPO 19U9-aDU.197 POD Form 3806,'July 1969 " o AIRMAIL Return $Receipt Special $Delivery Restricted $Delivery . ci___________a: ,; ._~~~'__.L.~~7?-._---------.{C FROM Value $~ Handling$Cha~ge ,EGISTERED NO. .SAVETHIS~RECEIPT FOR REGISTERED MAIL "COVERAGE~-Domestic insurance for registered mail is limited to <il the.vaiue of the article at the time of mailing or the cost of re- placeme,nf;if lost or totally damaged,or (2)the cost of repairs. Coverage may/flot exceed the limit fixed for the registry fee paid. Consult postmaster for additional details of insurance limits and ,coverage for domestic registered mail. !FILING CLAIM--Claim must be filed within 1 year from the date of I mailing.Present this receipt and submit evi.den~e of value,cost of .repairs,or cost of duplication. I FOREIGN COUNTRIES--Consult postmaster as to insurance coverag~ on registered articles addressed to foreign countries. POD Form 3806,July 1969 • GPQ t9G9-SSS-t87 I..$ Restricted $Delivery ReturnReceipt ..~~~Postage $..tJg I DAIRMAIL US\l\)::: POSTMASTER (By)MAIL FleE~. ~~--~___________~__-;_{C tu...Ia-. <.Reg.Fee $ REGISTERED NO l,337 r,. 'value $.-.1 __A Ig~~~~$I Handling $".Charge j~~:_-------~~------------~ .,-------- -----------------------------~----------- ·,,.. r; SAVE THIS REC,EIPT FOR REGISTERED MAIL :COVERAGE~--Domestic insurance for registered mail is limited to (1)the value Of the article at the time of mailing or the cost of reo ;placement if lost or totally damaged,or (2)the cost of repairs. :Coverage may not exceed the limit fixed for the registry fee paid. ;Consult postmaster for additional details of insurance limits and 'coverage for domestic registered mail. ;FILING CLAIM--Claim must be filed within 1 year from the date of ,mailing.Present this receipt and submit evidence of value,cost of repairs,or cost of duplication. FOREIGN COUNTRIES-Consult postmaster as to insurance coverage '. on registered articles addressed to foreign countries. POD Form 3806,July 1969 ' GPO 196~35B·1e7 " 'lr~'~"'~~; .~I .~;.~"( "':: 'f,\,\' .'i,' "':;r r' :",\ '~.'. ,"1,.\~~., ," ".. ", .j t ".', ", ~. ,;'/.,' '" ," ,' { ~~'~~~,~'; ,-,.~., -of' '. \:',- .' ~.I j',,l1,~:,',.i,i t. "J, ;~.--,'.' .'l'" -"j .',~. "~..:.. "., ,,/" ,~.. .'I" ! '.:1 .I" ,....;, ',. ".:.(. " ",'!~:' "r ~.... I J I ~----1I-~---------------I-- I ..~IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENN ORPHANS'COURT DIVISION No.4 50 of 1971 ) ) ) ) ) ) ) THE HONORABLE P.VINCENT MARINO,Judg~ of the said Court. PROCEEDINGS ON PETITION OF GUARDIAN TO MAKE PRIVATE SALE OF REAL ESTATE ESTATE OF ANN BAIREN, IN RE: ~an incom petent. ~zZIIIII. ie~BEFORE:iVI; estate,Your Honor. George Hanna.This is the return date for the private sale of real ~~APPEARANCES:IIIQ..0( Ui5:;)., 5 TIME: vi0:: EoII.:MR.SOLOMON: ~:;)oo..0( Uii:II.o THE COURT: JOHN SOLOMON,ESQ.,of Washington,Penna., for George K.Hanna,Esq.,representing the Petitioner. Monday,June 28,1971,at 10:00 o'clock A.M., EDST. I am here for the estate of Ann Bairen for Mr.Solomon,may we have your Petition now? MR.SOLOMON:If Your Honor pleas e,this is the time set by Your Honor13lble Court to determine the Petition of the Guardian in the estate of Ann Bairen for the private sale of real estate.I believe the Petition is in order,Your Honor,and I submit now for the Court's consideration to be filed with the record papers the Affidavit of Service of the interested parties in this estate.We have had no objections or other further response to this proceeding Your Honor. 2 THE COURT: MR.SOLOMON: THE COURT: Were you required to make any advertisement? No,sir,Your Honor. And all the parties were served by registered cZ~mail? (II ~MR.SOL0MON:Yes,Your Honor.And one of the parties isbIII. ig presently in Court and those are the return receipts in mailing of C!lzi (II the proper notices of this hearing.; ti THE COURT:The Affidavit of Service as presented to the Cou t EQ will be ordered filed and made part of this record.Do you have a...cUQ propos ed decree for us,Mr.Solomon? ;)., 5 MR.SOLOMON: iii0:~THE COURT: 2~MR.SOLOMON ~;)8 THE COURT: ~~MR.SOLOMON: II.o I do not,Your Honor. Will you prepare one? I will prepare one and submit it to the Court tod ~y. What are we selling here? We are selling a parcel of real estate,Your Hor or, that is described as being in Robinson Township;two parcels of real estate with a dwelling erected thereon,a frame dwelling. THE COURT: MR.SOLOMON: And the consideration price is $6,800.OO? That is correct,Your Honor.That is a sum which we considered to be a proper sale price,and in our opinion,a pric; whi.ch would E3xceed that which might be received in a public sale. THE COURT:Is there anyone in Court at this time who desire 3 to be heard in the matter of the private sale of real estate in the es ate of Ann Barien,an alleged incompetent,at Number 450 of 1971 ? The Petition being considered by the Court is for the sale of real estate situate in Robinson Township,Wash ington County,Pa.,to the grantees,Mr.and Mrs.McCay for the consideration or price $6,800.00 for the property described in the Petition.Is there anyo e in Court at this time that desires to pay more than the sum of $6,800.00 for these d escribeEl properties? (NO RESPONSE) THE COURT:There being no response,the Court will execute a proper decree for the advance thereof pres ented tothe Court. MR.SOLOMON:Thank you very much,Your Honor. (Proceedings Closed). I hereby certify that the proceedings and evidence are contai.ned ful y and accurately in the notes taken by me on the hearing of the above cause, and that this copy is a correct transcript of the same. The foregoing record of the proceedings upon the hearing of the above caus e is IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'coURT DIVISION set for the hearing on a Petition for Appointment of)Guar ian THE COURT:the No.450 of 1971 ) ) ) ) ) ) ) If the Court please,this was the date THE HON)RABLE P.VINCENT MARINO,Judge of the said Court. Mr.Hanna,are you ready to proceed wit Monday,June 7,1971,at 10:00 o'clock>. A.M.,EDST. Yes,I am,Your Honor. GEORGE K.HANNA,ESQ.,of Washington,P ., representing the Petitioner. You may proceed. Bairen estate? THE COURT: ANN BAIREN, TIME: MR.HANNA: IN .RE: ESTATE OF ~IIIl-ll:o0..~MR.HANNA: l-ll::JoU ..I<I:liii:1Lo 5 an alleged incompetent. z~..I>-UlZ ZIII0.. ieClz i: Ul <I:~ ..=APPEARANCE S: u«I-Ul C ..I<I:li c:J... :r.."N of Ann Bairen.I'd like to call her husband,William J. Bairen,the Petitioner. THE COURT::Mr.Hanna,have notices been given in accordance with the COlxrt's Interlocutory Order? signed by Julia P.Allison,showing personal service on Ann Bairen at Torrance State Hospital on May 6,1971,and Yes.I have here an Affidavit of ServicMR.HANNA: 2 also an Affidavit by Dr.Saul Greizman,Acting Superinten ent, stating that Mrs.Bairen was admitted to the Torrance Sta e Hospital on August 11,1966;that she is so mentally ill that she is incapable of taking care of her own property. And also that her welfare would not be promoted by having her pre sence in the Coutt at this time. ~TIlli COURT:Who makes the Affidavit of Service on t ez~~alleged incompetent?>-IIIZ~MR.HANNA:A nurse,Julia P.Allison.n. alleged incompetent who~were required to be served? over 21.They would really have no interest in this as fa MR.HANNA: MR.HANNA: he They are ',-bot It is sworn to on May 6,1971. Is it sworn to? They both live in Midw~y. As son,wouldn't they inherit under the Now are there any relatives other than Yes,they would.Of course,the only ma ter, What about them?Where are they at? There were only two sons involved. Intestate Law? a s I could see. THE COURT: MR.HANNA: MR.HANNA: ~THE COURT:~t'ZiIII<I:~THE COURT: u II::~III o ~<I:§o:J.., :rI:; N iii ItIII~Iton.IIIIt ~II::5 THE COURT:u ~i3ii:II.o I realize of course,that the guardianship covers any pro erty which she may have.But the only property,as will be developeg,that she has 1st a property owned by entireties with her husband,just a piece of real e sta te.She has no other income,no other property whatsoever. THE COURT:Would,the husband who is here be able t 3 testify that the children know of this proceeding? MR.HANNA: .THE COURT: MR.HANNA: Yes. We will hear the witness. lId like to have the Affidavit of Servi e and the Affidavit by Dr.Greizman entered into evidence and made part of the record. COURT:The Affidavit,of Service having complie i\ with statutory requirements and with the Interlocutory Order of this Court,is received in evidence and made par of this record.The Affidavit of Dr.Saul Greizman who is the practicing p1ysician and resident at the Torrance State Hospital concerning the condition of Mrs.Ann BOKulish '13a-iren,:whosiss tp..e.'samenperson as Ann Bairen,the alleged incompetent,is also received in evidence and made part of this record.It indicating that the said alleged incompetent is a patient at Torrance State Hospital,Torr nee, Pa.,which is a State Institution.And we therefore are able to receive the said Affidavit of Dr.Saul Greizman i evidence as an ex-parte affidavit without his being calle personally because of the Act of Assembly so providing. You may proceed,Mr.Hanna. 4 WILLIAM J.BAIREN IS CALLED AND SWORN. EXAMINATION BY MR.HANNA: Q What is your name? A William J.Bairen. Q A ~Q«>~AVIzz~Q i 0 AI-"Zx QIII0( 3: .,:AuiiI-UI QQ ..I«Au Q :l..,Qx..,., N iii A ll:IIII-Qll:0LIIIll:Al-ll: :l0 Qu ..I«U Aii:IL0 Q A Q A Q A And where do you live? Midway',Pa. How old are you? 58. How long have 'you lived in Midway? About 26 years,27. What is your wife's name? Ann . And how old is she? She is 57. When were you and she married? November 22,1939. How many children doyou and she have? Two boys. Their names and ages? One is Donald James Bairen and the other one is John Will am Bairen. How old is Donald? Don is 20 years old. And John? John will be 28 on June 14 of this month. Does Donald live with you? Yes,he does. Q. A Q A e Q A i Q«>...I~Azz~Q i0~AzXIIIQ«:r; ~AuitI-UI QQe...I«U A Q ~Q"01 uiII:IIII-AII:0LIIIII: l-ll:;) 0 U ...I«Uii:II.0 e Q 5 He knows of this hearing? Yes,he does. What about John? He does too. Where .does hel ive? He lives in Bulger,Candor Road,R.D.1. Where is John now? He's home right now. Would you tell us where your wife is now? Over at Torrance state Hospital. When was she taken there? She was taken in on August 11. What year.? 1969.It will be two years. Would you tell us the circumstances surrounding your taking her in there? Well,I noticed that she couldn't sign her name and thing3 like that,and then she was doing all kinds of radical th~gs around home,pulling curtain rods down and trying to make a fire out of it.And she burned the floor up with the irpn and things like that. How did you get her in there?What doctors did you take h~r to? A I had to take her to an eye doctor and I thought maybe sh~ needed glasses. Q No,no,excuse me.On that day,who did you take her to? What doctors did you take her to? ----------~----------------------------.----- 6 A I had to take her down Jim Hughey's. Q Did he sign a-form? A He told me that you ought to see a guy from down Bulger ttere with getting the papers filled out and they'd send her OVEr to the hospital.His name is the one from Bulger there, I can't think of his name.A beer distributor in Bulger there,whatever his name was.It's on my mind. Are you thinking of Gino Bianchi? Yes. He worked for what department? He's a beer distributor.But he works over here too somet mes in,charge of the ho spital and things like that.He take s f <,:_:', patients over. He works for what we call the Institution District. Something like tm t,yes. How did she get to Torrance?Who took her there? I took her in. Who was with you? My youngest son. What doctor signed the Petition? Well,I had two of them.Jim Hughey and then this one do~ at---Dr~Hotson down~Oakdale. Has she been in Torrance continuouslY since that date? Ye s,she ha s. Would you tell us what her present condition is? Well,right now when I go to get her out she just asked m "Oh,my,are you here."And she won't say nothing and her 7 mind is days away. Doe s she recognize you? Very little.She don't even know my name. What about her physical condition?How much does she weig~? Well,she weighed before she was sick,150 pounds;and right now she's down to 90 pounds. Besides not recognizing you,what other thing does she do~ I didn't hear it." Wnat other thing does she do besides not recognizing you? She don't talk.And in other words,her sister is over th re too and I have them both in the car,one in the front and in the back,and neither one of them talk to one another. Rose don't talk to her;Ann don't talk to her. Are you saying she also has a sister who is in the hospit~l? That's right. And they don't necessarily talk to each other? They don't,no,sir. When did you first notice anything strange about your wif~'s condition? Well,I noticed her,it was gradually back in '63,after ~he got burned. Would you tell us how she got burned? Her and the neighbor,they was burning the caterpillars with gasoline and the gasoline ignited from the pan and gpt - on fire. Q How badly burned was she? A ~cross her chest andon her arm and a little bit on her 8 forehead,not much. Q And what changes did you notice? A Well then,"I noticed gradually,and she couldnIt even hare ly move her arm.And she was acting different ways and would It even go out to visit noboody.And in ten,fifteen minutes time she wanted to go home and things like that. Q You had mentioned before about her writing.What had happ ned .to her? A Her writing,she couldn't even write her name;didn't know how to write no cards or sign the cards and things like thEft. Q A Q A iiiII:III~.Qo. II.III II:At-o::loU...0(Uii:...o Had sheknowp·how :tQ write previously before this? Oh,yes.She was a good writer before,yes. What else did she do besides walk out of people's homes? She'd walk out of the house and take off and never come back and we'd have to go and look for her. Did she leave often? Well,certain times;not often,yes.\One:cilme she visited her brotheY' up there and they called my son to COme up and get her.She got up there with somebody that recognized her and my boy came up and br<ught her home. In other words,were you always having to go out and try to find her A At certain times I would,yes,sir. Q What about her ability to handle money? A Handle money?She wouldn't,know---she'd put something away and she never could find it. Q Did she understand how to give change jor example? A No.Towards the end she didn't know how to give change or didn't kn<w how much she had. 9 G' e A Q 5z A0(>..J>l/l Z ZIIIII. i Q0I-C) Z x AUl<~ ..=uii:I-l/l QQe..J<u AQ::l., :r......N aiItIII-I-0:0II.Q...0: I-0: ::l A0U ..J<u Q ii:IL0 A e Did she handle the money in the house? You mean before? Yes. Well,she did;she was pretty gocrl at it.She'd know where you put it and things 1ike that. She'd make money orders and things like that? Money orders,writes things out for rr,e and everything.Now I got to do it. What happened after she started getting ill?What happened after 196 ~? Well,just like I said,she tried to burn those drapes and things dowr, you know,and tried to make a fire in the house.She said she was ccld. I thought there's something wrong there. What about her ability to write money orders after 1963? She couldn't do it either. What would she do? She'd just try to write her name.She'd write somebody else's name on it.She couldn't spell her last name.She couldn't even write her first name. Q Did she understand amounts of money? A No. C Do you think she would be capable in your opinion,would she be cape ble A Q A Q A ~z Q«>~l/lZ AzIIIII. i Q0t-elZi Al/l ""~ ..=Q 0itt-l/l Ais .I ""u Qis :l., J:A..,.., C\I ai QItIIIt-o:0II.AIII0: t-o::l Q00 .I ""U ii:II.0 A Q A 10 of han.dling her own affairs-?now? Right now?No,she wouldn't. What prope rty does your wife have? Just what we'have down Midway there. Are you talking about the real estate? The real estate,yes. In whos e naIr:e is it? It's on my natre and on my wife's name. Othe r than this real estate does she have any other income? None at all. She gets no Social Security? No Social Security,no,sir., She has no bank account of her own? No bank account of her own at all. Is there a bank account in your name and her nam e? No.I have one on my son,that's all ..I have me and my son. Does she own any other,either personal property or real property other than this house that you and she own together? No,sir,she don't. For the Court's information,what are you intending to do with this hpuse ? I was figuring 'on selling it and then buy myself a little trailer for mE and my young boy to live in the trailer. Q Why do you feel you have to leave the house? A It's too much work for me and I couldn't take care of it and the upkeE p on it.There's a lot of work for me to do and I wasn't 'working in the mean time. o Q Do you have abuy,er..:?'? A I do. What is the purchase?price or what is the agreed price with the buye ? Right now it's $6800.00. Did you have a real estate agent handling the sale of this property for you? I do. What is his name? Mr.Gaitens down in'McDonald. Are the names of the buyers Andrew McCay and Doris McCay? Right. Where do they live? They did live over at Florence,Pa.They're staying right now with their in-laws in Ambridge until they get straightened out.They're Ie ting me know. When is the last time you saw your wife? Three weeks ago.That was in the last month.May. How often haveyou been visiting her? As often as I could.I'm working ~ow,but when I wasn't working on 11 Sundays I'd go and see her as often as I could. twice a month sometimes I'd go to see her. Once a month or Q When you saw her two weeks ago,describe her condition again to us A Well,she would just act---her fingers are all down to bones and no leaders in them.Her arms is sma~l,her shoulders are down,her ·legs are about as big as my arm right now. Q How is her mental attitude? 12 A Well,she just takes her pills and things like that,that's all.She's on a diabetic diet right now.She don't eat Viery much they tell me. Q Does she talk to you? A She don't even talk.She'd just look at you and that's it. Q Does the Court have any questions? EXAMINATION BY THE COURT: Q Mr.Bairen,was your wife ever a member of the Armed Services of the United States of America? A No,sir. Q Wereyou ever a memberof the Armed Services? A No,sir. Q And your wife gets no benefits of any kind then? A No,she doesn't. Q She isn't collecting Social SlelCUrity or anything of that nature? A She does not. Q Where do you work? A I got started at the Bridgeville State Hospital down below Preston and Carnegie there. Q Where had you been working before? e ~z~...I>-UlZ Z\IIDo i0t-elZ i Ul 0(~ ..,:uit-!!0e...Ic( Q 0 :l., :t.."til IiIt\IIt-o::0Do\II 0: t-o::l0U ...I0(U ii:II.0 e ---------------_..._--------.- A I had been working at the Taylor Forg~JCarnegie. Q What happened the re? A It went down and they're slacking up.1li.ere's only 11 men working ri~ht now and 11m laid off.Twice I was laid off this last year this time and this year again. Q What would be the advantage of your selling this property and going into a trailer? A Well,I thought it would be somewhat a little bit easier for me to han~le than handling that house.It's too much work in a home;where a traOler is on a level floor. Q How many rOOms in the hous e? A I have six rOOms. Q And who is living in the house now,just you? A Just me and my youngest son. Q Your youngest son? A Yes. Q He's 20 years old? A Yes. Q He win be on his own prE!tty soon,won't he? A I imagine so. Q Is he through school? A He went through school,yes,he did. Q What is he doing now? A He's working at the Airport. 13 14 Q You feel it would be more advantageous to live in a trailer? A Yes. (At the direction of the Court,off-the-record discussfon:1 was not recorded by the st enographer). Q :!:z0(>..J>-UlZ ZIIIII. ieClz i AIII~ ti Q ii:... !!!AQ ..J0(~Q :l., ~AC'l Now just for the record,we are going to inquire of you,Mr.Bairen, you understand,do you,that if the Court appoints you as guardian 0 this person,even though she is your wife,you are required by law to account to this Court for all the money that you receive in the mat er of her guardianship.Do you know that? Yes. What education have you had,Mr.Bairen? Well,I only went up to the 8th grade in school.That's all I did. Well,you know how to read and write and figure numbers? I do. iii ffi Q So it wouldn't be hard for you to account,keep an account of the money l-ll:o~you receive and the money that is spent. l-ll:8 A No. ~u Q You can do that?ii:...o Ii,Yes,sir. Q That wou ld have to be done eventually through your attorney.You will have to report that to the Court.We are not suggesting that theremight be a whole lot to report because we don't know how long your wife is going to be at Torrance.But you are willing to do that? A I am. ---._------- 15 Q And then later on your attorney will contact Torrance and see how the thing would come out ifyou should sell the property at the price that you suggest.He will explain that to you and you will know more about it.Undoubtedly.the hospital is going to require some of the money to be set aside for her.You understand that? A Yes. Q Becal se you as her husband are responsible for her support. A Right. Q For instance.if she were sick and at home,you'd have to support her.wouldn't you? A I would,yes. Q Soyou are still res pons ible for her support even though she is in Torrance.You understand that? A Yes.I made that agreement over at Torrance.They said you pay so much and I had written it out and I have the agreement right at ho ne about it.I pay her so much every month. Q That is more or less of a temporary agreement and that would be displaced when you would have money coming in from the sale of real estate. A That's right. Q And your wife has no bank account in her own name? A She don't have nothing at all. Q No "E"Bonds or anything like that? A No.sir. ---------------------~--- 16 Q Was your wife ever employed outside the horne? A Well,she did a little side job down in McDonald.She worked for Finney's.That's before she was sick before w~e~we're·ma:rried. Q You were married in what year? A '39. Q So as far as you know she wouldn't have any credits because of her (Proceedings Closed). No. No,she don't. All right.I think that will be all,sir.Thank you. of anyth ing towards that. Social Security went into effect around 1937,so she wouldn't have ml ch employment for Social Security?~z<>..I>-~Az III II, i Qe~z iVI~Atii:~Q Q ..I<U C ::l.,~I hereby certifyrthat the proceedings and evidence are contained full;> 1\1 The foregoing record of the proceedings upon the hearing of the abov~ 0¥'1lcia18enographer l) correct transcript of the same. ~LAI;~A ,0.'drandthatthiscopyisa ~and accurately in the notes taken by'me on the hearing of the above cause, IIIt-o::oLIII 0:: t-o::::loo ..I<Uii:ILo cause is hereby approved and directed to be filed. /' I o I,. ..~;:,'.'. ""\' '.,,:" ., :i' '" '..,.' Marino, .'.. By;Jhe,:Cqurt, .-.'.1 "._>.";'. 'NcC4'5(1,or 197:1';,;f< .~. 1,,; ,,~" 1'-:~.'. ESTATE:'OF ",anaUeged'incompetenL J'~._ "INRE: ',--lNTHEi COURT OF COMMON PLEAS OF WASHING'TOl'l":COUNTY,:;PENNA ~..",.,...'."",.".._'.;.'.~~".,"-..,'..."."'. ,ANNBAIREN::. .1" " ';,.... .-:--. "'," ...,. ~:. ".·r_ ..":'~'. .".... ..::., .;,." "'.- ,"