HomeMy WebLinkAboutOC1971-0566 - ESTATE OF SCHRIVERAND NOW, this --/{~-day of February, 1972, I hereby acknowledge
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receipt of a copy of the within Petition and Order and accept service of the
same and waive issuance of the Rule.
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COURT OF COMMON PLEAS OF WASHINGTON COUNTY,.. PENNSYLVANIA
IN RE:
ORPHA NS1 COURT DIVISION
)
(
THE ESTATE OF
RAYMOND L. SCHRIVER,
an alleged incompetent
) No. 63..,.71 .... 566
(
)
PETITION
To the Honorable, the Judge of said Court:
The petition of McMurray Hills Manor, Inc., by its attorneys,
Peacock, Keller, Yohe & Day, represents as follows:
1. The petitioner is McMurray Hills Manor, Inc., a Pennsylvania
corporation, with its principal place of business in Peters Township,
Waffiington County, Pennsylvania, where it operates a convalescent home,
whose Post Office address is 249 West McMurray Road, McMurray,
Pennsylvania 15317.
2. The respondent is Anthony L. Colaizzo, of 307 Hawthorne
Street, Canons:mrg, Pennsylyania, who was appointed guardian of the above
incompetent by an Order of this Court, dated July 1, 1971.
3. The incompetent, Raymond L. SchriTer,. was a patient in the
petitioner's nursing home on two occasions, the first time being from
March 22, 1968 to July 18, 1968 and on the second occasion from October 28,
1969 to Septe:nb~r.17, 1971.
4. Tre respondent, Anthony L. Colaizzo, and th'e incompetent's
personal physician, Dr. Sidney Safran, admitted the incompetent to the
petitioner's nursing home on these two occasions.
5. Tre respondent, Anth•ny L. Colaizzo, paid all of the accounts
for the care of the incompetent on the first admission.
6. At the time of the sec•nd admission, the respondent gaTe a
depesit unto the petitioner of Fiye Hundred Twenty-fiye and no/100 {$525. 00)
Dollars and thereafter in response t• monthly billings paid the sum of One
ThouEand Seven Hundred Fifty and 20/100 ($1, 750. 20) Dollars unto the
petitioner for the incompetentf s care for the period through January, 1970.
7. Thereafter, the petitioner continued to bill the respondent but
he failed to make any further payments.
8. As a consequence of the failure of the respondent to make such
payments, tre petitioner filed the petition for incompetency as' a creditor and
the respondent, Anthony L. Colaizzo, was appointed guardian of the incompe ent
by an Order of this Court, dated July 1, 19 71.
9. In its Order of July l, 1971, this Court directed the respondent
to file an inventory in accordance with Section 402 of the Incompetenfs Estate
Act of 1955 and a bond in the sum of Five Thousand and no /100 ($5, 000. 00)
Dollars.
10. The respondent failed to file such inventory or bond and made
no further payments unto the petitioner for the care of the incompetent.
ll. On August 9, 1971, as shown by the exhibit attached hereto as
"Exhibit A", the petitioner notified the respondent that it would no longer be
responsible for the care and lodging of the incompetent.
12. The respondent failed to take any action in regard to such notice
and the petitioner continued to act as an unwilling custodian of the incompeten
13. As a consequence, of the respondentrs failure to act, the
petitioner filed a petition with the Court of Common Pleas of Washington
County, Pennsylvania, under the Mental Health and Mental Retardation Act
of 1966 at No. 164, September Term, 1971 A. D., requesting the commitment
of the incompetent.
14. As a consequence of such petition, Judge Richard DiSalle, of
the Court of Common Pleas, entered a decree on September 13, 1971,
committing the incompetent to Mayview State Hospital for an indefinite period
15. Thereafter, the petitioner made the arrangements for the
delivery of the incompetent to Mayview State Hospital and this was accomplis ed
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on September 17, 1971.
16. On January 14, 1972, the petitioner's counsel wrote to the
respondent S:ating that he would seek his summary removal as guardian of
the estate unless the bond and inventory was filed. A copy of this letter is
attached hereto as "Exhibit B ".
17. The respondent filed his bond and inventory on January 20, 1972,
almost seven months after the original decree of this Court.
18. There is presently due and owing by the estate of the incompeten
unto the petitioner the sum of Eleven Thousand One Hundred Fifty;-five and
83/100 ($11, 155. 83) Dollars, as shown on a copy of the statement of account,
attached hereto as "Exhibit C".
19. The charges set forth on "Exhibit C" are fair and reasonable
and the ordinary charges for like services.
20. That in the event the petitioner's claim, as set forth in .
paragraph 18, continues to remain unpaid, it will become junior in lien and
effect to a claim filed by the Commonwealth of Pennsylvania, under Section
501 of the MEntal Health and Mental Retardation Act of 1966; 50 P. S. Section
4501.
21. The Inventory of Personal Estate and Statement of Real Estate
of the Estate, filed by the responden~ discloses that the incompetent has a
gross estate of Twenty-three Thousand Five Hundred and no/100 ($23, 500. 00)
Dollars.
22. The Incompetents' Estate Act of 1955, provides in Section 644;
50 P. S. Section 3644, that this Court, " ••• for cause shown, may authorize
or dirECt the payment or application of any or all the income or principal of
the estate of an incompetent for the care, maintainence or education of the
. t t " 1ncompe En • • • •
23. The Act mentioned in the preceding paragraph also specifies in
Section. 642n 50 P. S. Section 3642, that this Court may adjudge an amount to
be due by the guardian and such judgment shall have the effect of a judgment
as if it had bern obtained in an action in the Court of Common Pleas.
WHEREFORE, the petitioner requests this Court to issue a rule
directEd unto the respondent1 Anthony L. Colaizzo, to show cause why he as
the guardian of the estate of Raymond L. Schriver, should not be compelled
to pay unto the petitioner the sum of Eleven Thousand One Hundred Fifty ... five
and 83/100 ($11, 155. 83) Dollars, plus interest, to compensate the petitioner
for the rervices it has rendered in providing for the incompetent.
YORE & DAY
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. :·cc: ·Mr. Reed Day.
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EXHIBIT "A II
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August 9, 1971
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Mr. Anthony L. Colaizzo
307 Hawthorne Street
Canonsburg, Pmnsylvania 15317
January 14, 1972
In Re: The Estate of Raymond L. Schriver
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Dear Mr. Colalzzo:
I have been ln~ructed by my client. The McMurray Hills
Manor, Inc •• to seek your ;;.'llmmary removal as guardian of the
above e:;tate, unless yOU fUe your bond and inventory on or before
January 21, 1972. ·
Very truly yours,
PEA COCK, KELLER, YOHE &. DAY
. By
Reed B. Day
RBD:jeb
cc: Robert L. Zeman, Esq.
cc: McMurray Hills Manor, Inc.
EXHIBIT "B"
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STATEMENT.
249 WEST McMURRAY ROAO
McMURRAY, PA. \IS3t7
Shriver, Raymo·nd.
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T ... tS I~ TH~ AMOUNT 0,. VOliA 011.1. OU£ UA, 1\NV MONEY RCCCIVCD r:ROM IN~tUn4t·u;a; \YU .. t.. 01: CRF.:DITCn TO YOUA ACCOUNT OH f\CP UNOII.O TO YC,U
ViHCN YOUfl nn .. L l'i 11'.\10 IN f"Ut..L,
DltTA(;H AND f<IITUIIN WITH YOUR Rli:MITTANCE
AMOUN"I'
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.AP'Tr.IC I ARr 0!'\1 IC
8HOWN WILL Af',.~Aft
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"TATUU:NT
ENCLOSCD' S·-----
CR~DITS
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BALANCE FORWARDED
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EX?LI.NAi'ION OF CHARGES
0 " R\10M 6 DOARO
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tl • M·J:~ICAL.. UUPfl'LI£Y
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THE MCMURRAY HILLS MANOR, INC.
a~Ut WEST MCMURRAY ROAD
MCMURRAY, PA, 1~317
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PLEASE PAY
LAST AMOUNT
IN THI8 COt.UMN
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COMMONWEALTH OF PENNSYLVANIA )
( SS:
COUNTY OF WASHINGTON )
Before me, the undersigned authority, personally appeared
ROBERT V. LARSON, Secretary-Treasurer of McMurray Hills Manor, Inc.,
who, being duly sworn according to law, deposes and says that the facts set
forth in the foregoing Petition are tru _ and correct as he verily believes.
Sworn to and rubscribed before me
this /C: f--1, day of ;;iJJ~:y,
A. D. 1972.
~L otar'PUbiic
Mary Jane Smith, Notary Public
Washington, Washington County, Pa. My Commission Expires
February 28, 1973
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COURT OF COMMON PLEAS OF WASHINGTON COUNTY1 PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
THE ESTATE OF
RAYMOND L. SCHRIVERI
an allege:! incompetent
)
(
) No. 63~71-566
(
)
ORDER AND DECREE
AND NOW1 this ~ay of ~ 19721 upon
(
consideration of the annexed petition, it is hereby orde e and decreed that
a citation be iS3ued unto Anthon~ L. Colaizzo1 guardian of the estate of
Raymond L. Schriver, to show cause why he should not be compelled to pay
unto the McMurray Hills Manor1 Inc., the sum of Eleven Thousand One
Hundred Fifty ... five and 83/100 ($ll1 155. 83) Dollars1 plus interest~ for the
care of the incompetent.
The rule to be retumable ~e Orphans•z=ourt House
Waffiington County, on the /l-day of ~· 1972, at
/<>.~ o'clock d . M. ~
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COURT OF COMMON PL~S OF
WASIDNQTON COUNTY, PA.
N~~P~}W fOUR~f/jifiON
IN RE:
ESTATE OF
RAYMOND L. SCHRIVER,
an alleged incompetent.
PETITION FOR THE APPOINTMEN'
OF A GUARDIAN OF AN
INCOMPETENT
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COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
ESTATE OF
RAYMOND L. SCHRIVER.,
an alleged incompetent.
(
)
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)
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No. £I, lo of 1971
PETITION FOR THE APPOINTMENT OF A GUARDIAN
OF AN INCOMPETENT
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition of McMurray Hills Manor, Inc., by its attorneys,
Peacock, Keller, Yohe & Day, respectfully petitions your Honorable Court
as follows:
1. The Petitioner is McMurray Hills Manor, Inc., a Pennsylvanic
corporation, with its principal place of business in Peters Township, Wash-
ington County, Pennsylvania, and whose Post Office address is 249 West
McMurray Road, McMurray, Pennsylvania 15317.
2. Raymond L. Schriver, the alleged incompetent, is unmarried,
having been divorced twice, age 71, born on November 4., 1899, who present y
resides in the nursing home operated by the petitioner at 249 West McMurra
Road, McMurray, Pennsylvania 15 317.
3. It is believed that the said Raymond L. Schriver is physically
and mentally incapable of handling his affairs or taking care of himself and
is legally incompetent.
4. The petitioner is a creditor of the alleged incompetent.
5. The only persons known to the petitioner who would be entitled
to share in the estate of the alleged incompetent if he died intestate are eigh
cousins, Arthur W. Clements, ·Of 364 Ridge Avenue, Canonsburg, Pennsylvc:nia;
Mrs. Louise Woods, of 139 North Central Avenue, Canonsburg, Pennsylvan a;
Mrs. Helen Beedle Campbell, of 678 Gregg Avenue, Bridgeville, Pennsyl-
vania 15017; Mrs. HarryJ. Herron, of 1734 Barr Avenue, Pittsburgh, Pem-
sylvania 15215; Mrs. T. E. Trunick, of 645 Ridge Avenue, Carnegie, Penn
sylvania 15106; Mrs. John McClintich, of 271 Center Avenue, Elizabeth,
Pennsylvania; Mrs. Ethel Mason, of 300 Third Street, Elizabeth, Pennsyl-
vania; and Mrs. Guellma Thompson, of 603 Eakin Avenue, Elizabeth, Penn-
'' .• 't
sylvania 15037.
6. The business affairs of the alleged incompetent have been
handled heretofore by Mr. Anthony L. Colaizzo} at his real estate agency at
ll West Pike Street~ Canonsburg, Pennsylvania and by Attorney Robert L.
Zeman~ Esquire of Zeman Law Building~ Canonsburg, Pennsylvania.
7. The alleged incompetent1 s personal physician, who admitted
him to the petitioner's nursing home, is Dr. Sidney Safran of 139 West Pike
Street, Canonsburg, Pennsylvania.
8, The alleged incompetent is in need of custodial care.
9. The alleged incompetent is the owner of two tracts of real estat
in the Second Ward of the Borough of Canonsburg described as a two story
frame house and garage and part of Lot 102, assessed at Two Thousand Eight
Hundred Fifty-five and no/100 ($2, 855. 00) Dollars and a two story frame and
brick apartment on a 40' x 82' lot, assessed at Four Thousand Two Hundred
and no/100 ($4, 200, 00) Dollars.
10. Rentals from the apartment are being collected by Mr. Colaizzo
who has stated there is on deposit in this account the sum of $ ------
ll. Mr. Colaizzo has also reported that the alleged incompetent is
the owner of 1500 shares of Keystone Gas Stock which he has valued at $1. 00
per share.
12. The alleged incompetent was first admitted to the petitioner1 s
nursing home on April 22, 1968 and was discharged on July 18, 1968.
13. The alleged incompetent was readmitted to the petitioner's
ursing home on October 28, 1969 and has remained there to date.
14. There is due and owing to the petitioner the sum of Eight
Thousand Seven Hundred Seventy-eight and 50/100 ($8, 778. 50) Dollars through
May 31, 1971. Such indebtedness is continuing to increase at the rate of
Eighteen and 50/100 ($18. 50) Dollars per diem.
15. The alleged incompetent may be present in Court at the time
fixed for the hearing,, if desired, but in the opinion of Dr. Safran he is 1
"totally incompetent. "
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WHEREFORE, your petitioner prays that a citation issue directed
to the alleged incompetent, with notice to the persons described in Paragraphs
5, 6, and 7 herein, to show cause why he should not be adjudged an incompete
and to further request that your Honorable Court appoint a suitable guardian . .
of the pers:m and of the estate of the alleged incompetent, for the purpose of
caring for him, taking possession of, maintaining and administering the real
and personal assets of the incompetent, to collect the rent and income from it,
to pay the expenses necessary for nursing and custodial care, and to make all
reas:mable expenditures necessary to preserve the real and personal estate
and for the welfare of the incompetent.
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COMMONWEALTH OF PENNSYLVANIA)
( SS:
COUNTY OF WASHINGTON )
Before me, the undersigned authority, personally appeared
ROBERT V. LARSON, Secretary-Treasurer of McMurray Hills Manor, Inc.,
who, being duly sworn according to law, deposes and says that the facts set
forth in the foregoing Petition are tru(_ tifd correct ;~-~e verily believes.
t ;'r ~ t&\ u /"
Sworn to and subscribed before
me this .}__._,_ day of ~ ,
A. D., 1971.
Mary Jane Smith, Notary Public.
Washington, Washington County, Pa!.
My C.ommission Expires
February 28, 1973
Robert~
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®rpl1uun' Qtnurt Bhtininn
( IN RE:
ESTATE OF )
(
RAYMOND L. SCHRIVER,)
Al\r ALLEGEDINCOMfETENT. ·Qlituttnu
(
Qtntntttnttntrultl1 nf · Jruunyluattia ~ nn:
To: RAYMOND L. SCHRIVER,
an alleged Incompetent{
)
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NO. 566 of 1971
Sur Petition of: _JiC MmtBA.Y .HILLS_MANO~ INC • 1 by . its Attorneys,
PEACOCK, KELLER, YOHE &. DAY, ESQ.,
~rr:etiug:
Br Qtnmmatt~ i nu, ____ _.._.R..a.AYM~o.L.1lN!..J.'n'------__._r. ...... _->..su....c..u.HRu....I.L-1VEBt..Lll+' -~
that, laying aside all business and excuses whatsoever, you do file in the office
of the Clerk of our Orphans' Court of Washington County, a full and com-
plete answer, under oath, to each and every of the averments of the said
petition, on or before Monday , the 28tbday of June
E.D.S.T.,
19_2_~ at 11:00 o'clock____A_. 11.,/ and show cause why.t.b.a_saj d Raymond
L. Schriver should not be adjudged an incompetent and a guardian of
his estate appointed;
and further abide the order of our said Court in the premises,
If you fail hereof, the petition may be taken PRO CONFESSO and
a decree made against you.
WITNESS the Honorable P. Vincent Marino, Judge of our said Court,
at Washington, Penna., the 3d dayof~ , 19 71.
?o~
PEACOCK,KELLER, YORE & DAY• _______________ Esq.
Attorne)S for Petitioner.
(Seal)
--East Beau Bldg.,
68-70 East Beau St.,
Washington, Pa., 15301.
Clerk of the Orphans' Court
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COURT OF COMMON PLEAS OF WASIDNGTON COUNTY~ PENNSYLVANIA
ORPHANS• COURT DIVISION
IN RE:
ESTATE OF
RAYMOND L. SCHRIVER~
an alleged incompetent.
)
)
) No. of 1971 ) ----------------
)
PRELIMINARY DECREE
AND NOW, this ... fL day of June, 1971~ upon consideration of
the annexed petition, it is Ordered and Decreed that a Citation be awarded,
directed to Raymond L. Schriver~ to show cause why he should not be adjudge
an incompetent and a guardian of his estate appointed; hearing to be held in
//v~ the Orphans • Court Room, Court House, on the c<,~:-d'fi.Y of ----'~~!:::3,&..~=-'
1971, at ~~:.·~o 1 clock, 4--.M., E.D.S.T.
At least h C1 days notice of the hearing shall be given to Raymond
L. Schriver, the alleged incompetent, by personal service of a copy of said
petition and citation, and by service of notice upon the statutory heirs of the
alleged incompetent and other persons listed in Paragraphs 5,. 6, and 7 of the
petition, by certified mail.
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In the Court of Common Pleas of
Washington County, ~ennsylvania
Orphans' Court Division
No. 566 of 1971
IN RE:
ESTATE OF
RAYMOND L. SCHRIVER,
an alleged incompetent.
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IN THE COURT OF COMMON PLEAS OF WASHING~ON COUNTY, PENNA.
ORPHANS' COURT, DIVISION
IN RE: )
)
ESTATE OF )
) No. 566 of 1971
RAYMOND L. SCHRIVER, )
)
an alleged incompetent. )
)
)
D E c R E E
AND NOW, July / , 1971, upon consideration of the annexed -----"---
petition and after a hearing held following due notice, it is ORDERED AND
DECREED that
RAYMOND L. SCHRIVER is adjudged an incompetent.
Anthony L. Colaizzo of Canonsburg, Pennsylvania, is appointed
Guardian of the Estate of RAYMOND L. SCHRIVER, an incompetent.
The said Guardian is directed to file an inventory in accordance with
the provisions of Section 402 of the Incompetents' Estates Act of 1955, as
amended.
The said Guardian shall file bond with sufficie
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d!nunty nf m·a.!l4ingtnn .
TO THE HONORABLE JUDGE WITHIN NAMED:
I hereby certify and return that on MONDAY the 7th day of _ _.:J~U~NE~ ___ 19 71
atNOON 21 .• 1 served the within CITATION AND PETITION
upon the within named defendant RAYl~OND L. SCHRIVER, AN ALLEGED INCOMPETENT
by handing to HIM personally at HIS RESIDENCE, McMURRAY
HILLS MANOR NURSING HOME', 2lt9 W. McMURRAY ROAD, McMURRAY, PETERS TOWN-
SHIP I washinJon county, Pennsylvania, a true and attested copy of the within CITATION AND PETITION
and making known to __ -=H=I=M~ __ the contents thereof.
COMPLAINT IN
No.
INVOICE NO.
SHERIFF'S COSTS $
DOCKET NO.
So answers
TERM, 19
, PAGE
aLr--~Deputy ~heriff.
. ).....,<! ·'Sheriff. l
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Ju W~t Qlnurt nf Qtnmmnu Jlea:.a nf lfa:.a~iugtnu Qtnuutg. Jeuu.aglua:uia:
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®rp4uun~ C!!nurt iltttininu
( IN RE:
ESTATE OF )
(
RAYMOND L. SCHRIVER&)
AN ALLEGED INCOMPEI'ENT •
(
C!!nmmnumtult4 nf Jtuunyluuuiu
C!!nuuty nf llun4iugtnu
To: RAYMOND I.. SCHRIVER,
an alleged Incompetenw
)
(
)
(
)
NO. 566 of 1971
Sur Petition of:__lfC_MDRFfAtiiLLSJ.fANn~·-nc.'1 by its Attorneys,
PEACOCK,KELLER, YOHE & DAY, ESQ.,
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lft C!!nmmUtW ljnU, ____ _.[RUlA~VM.cJ.!OwNuDL-_.JI~, • .__-.JSO.lC..t.tHlllR-LIJt..VER~,,__-
that, laying· aside all business and excuses whatsoever, you do file in the office
of the Clerk of our Orphans' Court of Washington County, a full and com-
plete answer, under oath, to each and every of the averments of the said
petition, on or before Monday , the 28tbday of June
E.D.s.T.,
19____.1_~ at 11:00 o'clock_&_. M.,/and show cause whytbe sajd Raymond
L. Schriver should not be adjudged an incompetent and a guardian of
his estate appointed;
and further abide the order of our said Court in the premises,
If you fail hereof, the petition may be taken PRO CONFESSO and
a decree made against you.
WITNESS the Honorable P. Vincent Marino, Judge of our said Court,
at Washington, Penna., the 3d day of_~~.-=..---""-Jun~e""-----2o-' 19~
Clerk of the Orphans' Court
PEACOCK,KELLER, YOHE & DAY• ____________________________ Esq.
Attorne)Sfor Petitioner.
(Seal)
--East Beau Bldg.,
68-70 East Beau St.,
Washington, Pa., 15301.
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I I Fidelity and Deposit Company
HOME OFFICE OF MARYLAND
Bond Nos 65 02 836
BALTIMORE, MD. 21203
Bond of Personal Representatives
KNOW ALL MEN BY THESE PRESENTS:
That we ..... ANARQm: .. ~-~---QC?W.Z.ZQ..t.:tl .. W~.~-~--f~.~--§-~~~-~~..t ... 9.~~~~~-~& ... f~.! ..... ~2J~'l ..... ~~~~
. __ (;:r ... tha.:Estate .. Df .. RAYMOND .. L •.. SCB.RIVER., ... INCOMPT .•.. and.FIDELITY .. AND .. DEP.OSIT .. OOl~.A!IJY .
.. 9.f. .. 1"~~--M .. S~-----···········································-······················································--··················-··············
are held and firmly bound unto the Commqnwealth of Pennsylvania in the sum of ... .FDlE. . .TH.OIJSAllo11 . .AND.
to be paid to the said Commonwealth, to which payment, well and truly to be made, we do bind ourselves,
jointly and severally, for and in the whole, our heirs, executors and administrators, successors or assigns and
each and every of them, firmly by these presents.
Sealed with our seals and dated the .......... ,_ ........ ls.t .......................... day oL ________ J.uly: ................................... ,
A.D. one thousand nine hundred and .. ae:v:en:ty:~one ..................... .
THE CONDITION OF THIS OBLIGATION IS,
That if the said ... AN.TH.ONY . .L .•... COLA.IZZ.Q, .. GUARDIAN ... FOR ... THE .. ES!-l~l'E .. 9F .. RAn~QN.D .. L.~ .. -s.mrn._w~~
____ .mco~!ET_ .. _____________________________________________________________________________________________________________________________________________________________________ _
shall well and truly administer the estate according to law, this obligation shall be void; but otherwise, it
shall remain in force.
--------------····---------·····-··············--··-······---··-·---···-·-·--·------(SEAL)
-···-------------------·-··············--····-·-·-···-···-···---------·---····-····-(SEAL)
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
PA3569a-250, 187017
J
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: BALTIMORE, MD.
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT CoMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, by JOHN C. GARDNER , Vice-President, and C. M. PECOT, JR.
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com-
pany, which reads as follows:
"The President, or any one of the Executive Vice-Presidents, or any one of the additional Vice-Presidents specially authorized
so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec-
retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Resident Assistant Secretaries and Attorneys-
in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any
bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments,
decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of
the Company may require, and to affix the seal of the Company thereto."
does hereby nominate, constitute and appoint Ernest Meneely, G. C. Garrett, Jr., Alden F.
Miller, III, Kenneth F. Chester and James J. Small, Jr., all of Pittsburgh,
Pennsylvania, EACH ....................................................... .
1 s rue an aw u agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings ................. _ .. .
n t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon
said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowl-
edged by the regularly elected officers of the Cf:>mpany at its office in Baltimore, Md., in their own proper persons.
This power of attorney revokes that issued on behalf of Ernest Meneely, etal,
' l dated July 22, 1970. ·
The said Assistant Secretary does h~reby certify 1that the aforegoing is a true copy of Article VI, Section 2, of the By-Laws of
said Company, and is now in force. 1
IN WITNESS ·WHEREOF, the said VicerPresident and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT CoMPANY OF MARYLAND, this
________________________ )_:t;_<i __________________________ :_day of _______ ~ __________ _Ngy_~_!l.l_l?_~~------------------------, A.D. t 9 IQ ____ _
ATTEST: • FIDELITY AND DEPOSIT COMPANY .OF MARYLAND . ' (SIGNED) . .
---.. -.. ----_-_-----------------------------g_ ·---M"' __ ];>_:!;!; Q Qr..~---J..R ·---------
(SEAL) Assistant Secretary
STATE OF MARYLAND } • CITY OF BALTIMORE ss:
By ____________________________________________ J_Qfm ___ Q_. ___ GA@~_l;!;B._ _____ _
Vice-President
On this 3rd day of November , A.D. 19 70 , bef_ore the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-President and Assistant
Secretary of the FIDELITY AND DEPOSIT CoMPANY OF MARYLAND, to me personally known to be the individuals and officers described
in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed
to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year
first above written.
(SIGNED)
(SEAL)
_______ !;_LQ.RIA .. J~ ... C.QLEMI:\N.. ___________________________________________ _
N P bl. C · · E · · July 1 1974 otary u 1c omm1sswn xplres _________________ ,__ ________ __
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I
do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially
authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2 of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile ·under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secrel:ary ,of ~he Company, whether
made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued.by the Company, shall be
valid and binding upon the Company with the same force and effect as though manually affixed." -
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporat~ seal of_ the said <:ompany, this
___________ J".i ____ _doy •'----~-----• 19_[! (!, • · 0 ·. :
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S4-~71 /7/f
IN RE:
ESTATE OF
RAYMOND L. SCHRIVEff,
An Alleg. Incomp.
-------GUARDIAN' S
B 0 N D
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AND NOliiT, . JANUARY 2-9-, 1972
within Bond presented and,
ordered filed.
Russell Marino,
Clerk O.C.Div'n
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No. 566 o£ 1971
In re:
Estate of
RAYMOND L. SCHRIVER,
an incompetent
INVENTORY OF PERSONAL ESTATE
AND STATEMENT OF REAL ESTATE
OF THE ESTATE OF RAYMOND L.
s;:~~VER :,)_!! IN~OMPETENT
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ZEMAN & ZEMAN
LAWYERS
ZEMAN LAW BUILDING
CANONSBURG. PA.
I :J-. Lj-3.?S
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In re:
Estate of
RAYMOND L. SCHRIVER,
)
)
) No. 566 of 1971
)
)
)
... ~ui incompetent )
INVENTORY OF PERSONAL ESTATE AND
STATEMENT OF REAL ESTATE OF THE ESTATE
OF RAYMOND L. SCHRIVER, AN INCOMPETENT
I. INVENTORY OF PERSONAL ESTATE:
1500 shares of Keystone Gas Company stock valued
at $1.00 per share (unlisted) $ 1,500.00
Furniture and household goods 200.00
Funds in TTrental account" maintained by Guardian 2,131.67
Total Personal Estate $ 3,831.67
II. STATEMENT OF REAL ESTATE:
ALL those certain lots or pieces of ground,
together with the buildings and improvements erected
thereon, situate in the Second Ward of the Borough of
Canonsburg, Washington County, Pennsylvania, separately
bounded and described as follows:
FIRST: Lot situate on West College Street
bounded and described as follows:
BEGINNING at a corner post at the northwest
corner of lot now or lately belonging to W. J. Fisher,
formerly lot of Jennie 0. Whiteside, on south line of
College Street; thence along the south line of College
Street South 76-3/4° West 40.5 feet to a post; thence
along the east line of Jefferson Avenue South 13i0 East
82.5 feet, more or less, to a post; thence by lot now
or late of the Christian Church, formerly belonging to
Mrs. Gaston, North 76-3/4° East 40.5 feet to a post;
thence by lot now or late of the said W. J. Fisher North
13i0 West 82.5 feet to the place of beginning.
Containing 12 perches and 74 feet as per survey of
James P. Weaver, dated March 24, 1888, having erected
thereon a two-story frame building known as Nos. 37-39
West College Street. $ 15,000.00
SECOND: Lot of ground being a part of Lot
No. 102 in a plan of lots la~d out by R. V. Johnson,
Surveyor, for M. Hutchinson Heirs, and of record in
the Recorder's Office of saia Washington County in
Plan Book No. 1, page 175, said part of Lot No. 102
being bounded and described as follows:
BEGINNING at the corner of Bluff Street and
Cranberry Street; thence by north line of· Cranberry
Street eastwardly 81.5 feet to a point; thence north-
wardly 31 feet to a point; thence westwardly 70 feet to
Bluff Street; thence southwardly by line of BlUff Street
33.1 feet to the place of beginning. Having erected
thereon a dwelling house. · $ 8,500.00
Total Real Estate $ 23,500.00
The above described premises are the same
conveyed to William Schriver and Raymond L. Schriver
as joint tenants with the incident of survivorship
and not as tenants in common, by James W. Morgan,
unmarried, by deed dated August 31, 1950, and of
record in Deed Book 769 page 321 in the Recorder's
Office of Washington County, Pennsylvania. The said
William Schriver died on September 6, 1952, the
entire title to said premises thereby vesting in the
said Raymond L. Schriver as the surviving joint
tenant.
III. STATEMENT OF REAL OR PERSONAL ESTATE EXPECTED
TO BE HEREAFTER ACQUIRED:
None
<:---.' ,
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AFFIDhVIT OF GUARDIAN
STATE OF PENNSYLVANIA
COUNTY OF WASHINGTON
)
)
)
SS:
Personally before me, the undersigned authority in and
for said County and State, appeared ANTHONY L. COLAIZZO, who,
being duly sworn according to law, deposes and says that he is the
Guardian of the estate of Raymond L. Schriver, an Incompetent,
that the foregoing schedules constitute a complete inventory of
the personal estate and a statement of the real estate of Raymond
L. Schriver, an Incompetent; that the figures opposite each item
of real and personal estate in the foregoing schedules are deter-
mined and stated by the undersigned to be the fair value of said
items as of the date hereof, based upon a just appraisement of
each item made by the above named Guardian.
Sworn and subscribed before me
this ..:tc1tid,ay of January, 1972
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My Commission Expires:
Mrs. Mary p. Ztlman, Notary Pilbllc
Canonsburg, Washington County, Pa.
My Commission Expires
June 26. 1975
~------
AND NOW, March 1972, service of the within Answer accepted
and receipt of a copy of same acknowledged.
PEACOCK, KELLER, YORE & DAY
By~~~~-=-------------------Reed B. Day
Attorneys for Petitioner
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In re:
THE ESTATE OF
RAYMOND L. SCHRIVER,
an alleged incompetent
)
)
) No. 63-71-566 )
)
ANSWER TO PETITION OF McMURRAY HILLS MANOR, INC.
AND NOW, March /D1 1972, comes Anthony L. Colaizzo,,as
Guardian of the Estate of Raymond L. Schriver, an Incompetent,
respondent, by Zeman and Zeman, his attorneys, and makes the
following Answer to the Petition of McMurray Hills Manor, Inc.:
1. Admitted.
2. Admitted.
3. The averments of paragraph No. 3 of the Petition are
denied as stated. The dates of the alleged admission and removal
in the year 1968 are neither relevant nor material, since paragraph
No. 5 of the Petition alleges the payment of the account for said
period. As to the years 1969, 1970 and 1971, the dates of admission
and removal of the said Raymond L. Schriver to and from the petition-
er's nursing home are denied as stated and the respondent avers that
after reasonable investigation, he is without sufficient information,
upon which to form a belief as to the truth and accuracy of said
dates and proof thereof is demanded.
4. The averments of paragraph No. 4 of the Petition are
denied as stated; and, on the contrary, respondent believes, and
therefore avers, that Raymond L. Schriver was admitted to petitioner's
nursing home solely by Dr. Sidney Safran.
5. The averments of paragraph No. 5 of the Petition are
neither relevant nor material and require no answer.
6. The averments of paragraph No. 6 of the Petition are
denied as stated; and, on the contrary, respondent avers that the
following amounts were paid by or on behalf of the said Raymond
1. Schriver to the petitioner at the following times: $1619.41 on
March 29, 1969; $525.00 on October 27, 1969; $119.50 on November 18,
1969; and $536.95 on December 11, 1969.
7. It is admitted that respondent made no payments to
petitioner subsequent to the aforesaid payment of $536.95 on
December 11, 1969.
8. The averments of paragraph No. 8 of the Petition and
the implications thereof are denied as stated. On the contrary,
respondent believes and, therefore, avers that the petitioner filed
the petition for incompetency as a creditor for the reason that
sufficient funds were not available to make any substantial payment
on account of the amount demanded and that the other assets of the
said Raymond 1. Schriver could not be utilized for such purpose.
It is admitted that respondent was appointed Guardian of the Estate
of Raymond 1. Schriver, an Incompetent, by Order of this Court
dated July 1, 1971.
9. Admitted.
10. The averments of paragraph No. 10 of the Petition are
admitted in part and denied in part. It is denied that respondent
failed to file an inventory or bond; and on the contrary, it is
averred that an inventory and the required bond have been filed, as
by reference to the record of proceedings in the Orphans' Court
Division of the Court of Common Pleas of Washington County,
-2-
Pennsylvania, at No. 566 of 1971 will more fully appear. ~t is
admitted that no payments have been made to the petitioner since
the respondent's appointment as Guardian as aforesaid.
11. Admitted.
12. The averments of paragraph No. 12 of the Petition and
the implications thereof are denied as stated. On the contrary, it
is averred that the respondent considered such arrangements as to
him appeared feasible under the circumstances and conditions exist-
ing and the various possibilities in the administration of the Estate
of said Incompetent. As to the specific averment that the petitioner
continued to act as nan unwilling custodian of the incompetent,n
the same is denied as stated; and, on the contrary, respondent
believes, and, therefore, avers that the petitioner did not desire
to retain Raymond L. Schriver in its nursing home, because it was
not receiving regular payments for, and on account of, his care.
13. The averments of paragraph No. 13 of the Petition
are denied as stated; and, on the contrary, it is averred that
Robert V. Larson filed the Petition for commitment, as by reference
to the records of the proceedings at No. 164 September Term 1971
A. D. will more fully appear.
14. Admitted.
15. The averments of paragraph No. 15 of the Petition
are denied as stated and respondent avers that, after reasonable
investigation, he is without sufficient information upon which to
form a belief as to the truth of said averments and proof thereof
is demanded.
16. Admitted.
17. Admitted.
-3-
18. The averments of paragraph No. 18 of the Petition
that there is presently due and owing by the Estate of the Incompetent
unto the petitioner the sum of $11,155.83 is denied as stated, for
the reasons that after reasonable investigation, the respondent is
without sufficient information upon which to form a belief of the
truth of the amount of the claim of the petitioner or of the
necessity for the care by petitioner or the reasonable value thereof
and proof thereof is demanded.
19. The averments of paragraph No. 19 of the Petition
are denied as stated; and the respondent avers that after reasonable
investigation he js without sufficient information, upon which to
form a belief as to whether the charges set forth on Exhibit ncu
attached to said Petition are fair and reasonable and whether such
charges are the ordinary charges for like services, and proof
thereof is demanded.
20. The averments of paragraph No. 20 of the Petition
are denied as stated; and, on the contrary, it is averred that the
respondent has no knowledge that the Commonwealth of Pennsylvania
has filed, or will file, any claim against the Estate of said
Incompetent, or the amount thereof, if such claim be filed or the
sources to which.the Commonwealth will look for payment.
21. Admitted.
22. Admitted.
23. Admitted.
24. In further Answer to the averments of the Petition,
respondent avers that:
a} The Estate of the said Incompetent has obligations
-4-
other than the alleged claim of the petitioner, some of which have
legal priority over the petitioner's claim.
b) The "liquid" assets of the Incompetent's Estate
are not sufficient to meet both the other obligations aforesaid and
the claim of the petitioner.
c) An attempt to convert "non-liquid" assets of
the Estate of the Incompetent, particularly at this time and under
present conditions, may result in substantial loss to said Estate.
d) An attempt to convert "non-liquid" assets of the
Estate of the Incompetent, particularly at this time and under
present conditions, will substantially impair the income of the
said Estate and preclude the payment of other obligations of the
Estate, which are reasonably expected to accrue.
e) The petitioner has failed to allege, or offered
to prove, that the se·rvices it allegedly rendered Raymond L.
Schriver were reasonably necessary for his health and welfare.
f) Notwithstanding its knowledge of the circumstances
involved, the petitioner, prior to the adjudication of incompetency
of the said Raymond L. Schriver, continued to render services to
the said Raymond L. Schriver, the charge for which petitioner knew,
or should have known, was beyond the amount which the said Raymond
L. Schriver could pay from his income.
g) Notwithstanding its knowledge of the circumstances
involved, the petitioner, prior to the adjudication of incompetency
of the said Raymond L. Schriver, failed to act to prevent, and
in fact, permitted, the accrual of an obligation which it knew, or
should have known, was beyond the amount the said Raymond L.
Schriver could pay from his income.
-5-
h) The petitioner has commenced a suit in assumpsit
as plaintiff, against "Raymond L. Schriver, an incompetent, By
Anthony L. Colaizzo, his guardian" as defendant at No. 136 November
Term 1971 A. D. as a civil action in the Court of Common Pleas of
Washington County, Pennsylvania, for precisely the same obligation
set forth in its petition. Said suit in Assumpsit is presently
pending near the pre-trial stage thereof. Said suit in Assumpsit
is, therefore, a lis pendens and the petitioner has elected its
remedy in another division of this Court and it cannot concurrently
seek recovery for the same obligation in two Divisions of this
Court as a matter of law.
i} The averments of payment as set forth in paragraph
No. 6 above are incorporated by reference herein.
WHEREFORE',. the respondent, showing as aforesaid, respect-
fully requests that the Rule heretofore issued in the above entitled
case be discharged and the petition and citation be dismissed at
the cost of the petitioner.
-6-
• Colaizzo,
e Estate of Raymond
n Incompetent
-------------------------------------------..,
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF WASHINGTON )
Personally appeared before me, the undersigned authority,
Anthony L. Colaizzo, Guardian of the Estate of Raymond L. Schriver,
an Incompetent, who being duly sworn, deposes and says that the facts
set forth in the foregoing Answer are true and correct to the best of
his knowledge, information and belief.
Sworn to and subscribed
before me this II * day of
March, 1972.
• ry
Canonsburg,
My Commission Expires
Colaizzo
Guardian f the Estate of Raymond
L. Schriver, an Incompetent
.I
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No. 63-71-566
In re:
THE ESTATE OF
RAYMOND 1. SCHRIVER,
an incompetent
MOTION and
Proposed ORDER
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· ' LAWYERS
ZEMAN LAW BUILDING ~
CANONSBURG. PA.
f' ). '-1 --.!5 1" J'"
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In re:
THE ESTATE OF
RAYMOND L. SCHRIVER,
an incompetent
)
)
) ) )
No. 63-71-566
MOTION FOR CONTINUANCE
AND NOW come Zeman and Zeman, attorneys for Anthony L.
Colaizzo, guardian of the Estate of Raymond L. Schriver, an
incompetent, and respectfully move that Your Honorable Court con-
t'inue the hearing set by Your Honorable Court pursuant to a
Petition of McMurray Hills Manor, Inc., for March 24, 1972, and
in support of said Motion, aver that Raymond L. Schriver died at
6:05 A.M. on Thursday, March 23, 1972, and that no fiduciary of
said decedent's estate has as yet been appointed.
The undersigned avers that he personally contacted Reed
B. Day, Esq., attorney for McMurray Hills Manor, Inc. and advised
him of the intended presentation of the within Motion and that Mr.
Day had no objection thereto.
ZEMAN
...;.;., . ....
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In re:
THE ESTATE OF
RAYMOND 1. SCHRIVER,
an incompetent
)
)
) No. 63-71-566
)
)
ORDER OF COURT
AND NOW, March cPJ 1972, the within Motion having been
presented, upon consideration thereof, the same is hereby approved
and the hearing referred to in said Motion is hereby continued,
pending further order of this Court.
'
\ ~
'--
No. 63-71-566
In re:
THE ESTATE OF
RAYMOND 1. SCHRIVER,
an Incompetent
v
~ ~ STIPULATION
CONSENT
ORDER OF COURT
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CANONSBURG. PA.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In re:
THE ESTATE OF
RAYMOND L. SCHRIVER,
an Incompetent
)
)
) No. 63-71-566
)
)
STIPULATION
AND NOW, June ;(~ 1972, it is stipulated and agreed
by and between the undersigned, subject to the approval of the
Court, that Zeman and Zeman and Robert L. Zeman, be permitted to
withdraw their appearance heretofore entered on behalf of Anthony
L. Colaizzo, Guardian of the Estate of Raymond L. Schriver, an
Incompetent, in the above-entitled matter, for the reason that a
conflict of interest might possibly arise in the administration
of the Estate of Raymond L. Schriver, now deceased. The Consent
of the said Anthony L. Colaizzo, Guardian of the Estate of Raymond
L. Schriver, an Incompetent, is hereunto attached. The said
Anthony L. Colaizzo has secured the services of Frank A. Conte,
Esq. to represent him as Guardian as aforesaid in the above-
entitled matter.
'I
< '
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In re:
THE ESTATE OF
RAYMOND L. SCHRIVER,
an Incompetent
}
}
} No. 63-71-566 }
}
CONSENT
The undersigned Anthony L. Colaizzo, Guardian of the
Estate of Raymond L. Schriver, formerly an incompetent and now
deceased, has read the foregoing Stipulation in which Zeman and
Zeman and Robert L. Zeman seek to withdraw their appearance on
my behalf in the above-entitled matter. I hereby consent to
their withdrawal as my counsel. I have obtained the services of
Frank A. Conte, Esq. to represent me in the above-entitled
matter.
June :Z11 1972 ~~·
Guardian of the Estate of
Raymond L. Schriver, an
Incompetent
..
i r
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In re:
THE ESTATE OF
RAYMOND L. SCHRIVER,
an Inc om pet ent
the
AND NOW,M
Consent of Ant~.
)
}
~ No. 6311-566
}
ORDER OF COURT
~~ 1972, the within Stipulation, with
Colaizzo, Guardian of the Estate of
Raymond L. Schriver, an Incompetent, thereunto annexed, having been
presented, the said Stipulation is hereby approved and directed to
be filed; and the withdrawal of the appearance of Zeman and Zeman
and Robert L. Zeman as attorneys for Anthony L. Colaizzo, Guardian
of the Estate of Raymond L. Schriver, an Incompetent, is hereby
allowed and approved.
BY THE
'-
I j
,,
~
COURT OF COMMON PL~A S 61;'
WASHINGTON COUNTYb"' P~NNA~
ORPHANS COURT UJISI6N
No. of 1971
ESTATE OF
RAYMOND L. SCHRIVER. an
alleged incompetent
AFFIDAVIT OF SERVICE
I..AWOFFICI!:S
PEACOCK, KELLER, YOHE & DAY
EAST BEAU BUILDING
68-70 EAST BEAU STREET
WASHINGTON, PA. 15301
.. I' ' " r ' ~
COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE:
ORPHANS' COURT DIVISION
ESTATE OF
RAYMOND L. SCHRIVER,
an alleged incompetG'nt.
)
(
)
( No.
)
(
AFFIDAVIT OF SERVICE
of 1971
I, REED B. DAY, being duly sworn, depose and state that in
accordance with the Order of this Court dated June 3, 1971 service by
certified mail was made on the statutory heirs of the alleged incompetent and
the other persons listed in paragraphs 5, 6 and 7, of the Petition as follows:
Arthur W. Clements-June 5, 1971
Mrs. Louise Woods -June 5, 1971
Mrs. Helen Beedle Campbell -June 5,~ 1971
Mrs. Harry J. Herron -June 7, 1971
Mrs. T. E. Trunick-June 5, 1971
Mrs. John McClintich-June 14, 1971
Mrs. Ethel Mason -June 5,~ 1971
Mrs. Guellma Thompson -June 7, 1971
Mr. Anthony L. Colaizzo-June 5, 1971
Robert L. Zeman, Esquire -June 7, 1971
Dr. Sidney Safran-June 7, 1971
Sworn to and subscribed before
me this ~j_+!'_ctay o~,
~~~d~~&
Mary Jane Smith, Notary Public
Washington, Washington County, Pa.
My Commission Expires
February 28, 1973
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68-70 East Beau Street
Washington, Pennsylvania 15301
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68-70 East Beau Street
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68-60 East Beau Street
Washington, Pennsylvania 15301 . ' .
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68-70 East Beau Street
Washington, Pennsylvania 15301
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68-70 East Beau Street
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c55-16-71548-ll 347-198 GPO
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68-70 East Beau Street
Washington, Pennsylvania 15301
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July 1969
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c55-16-71G48-ll 347-198 GPO
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Peacock, Keller, Yohe & Day
68-70 East Beau Street
Washington, Pennsylvania 15301
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Moisten gummed ends and attach this card to back of article.
Peacock, Keller, Yohe & Day
68-70 East Beau Street
Washington, Pennsylvania 15301
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68-70 East Beau Street
Washington, Pennsylvania 15301
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68-70 East Beau Street
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVIS.ION
IN RE: )
)
ESTATE OF )
) No. 566. of 1971 RAYMOND 1. SCHRIVER, )
)
an alleged incompetent. )
HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN
~ BEFORE: THE HONORABLE P. VINCENT MARINO, Judge
of the said Court. ~ z
%
Gl -< 3: APPEARANCES: ROGER ECKER, ESQ.~ of Wasnington, Penna , representing the ~etitioner.
~ TIME: u Monday, June 28, 1971, at 11:00 o'clock
A. M., EDST. ii :I .,
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THE COURT: Mr. Zeman, you were inquiring about the
Schriver incompetency hearing. We were informed by the
Court that Mr. Ecker of the firm of Peacock, Keller, Yohe
and Day had a conflict in this matter this morning h Cour ,
and that he was going to handle this proceeding for the
Peacock office, and that he would be delayed somewhat.
So we are inclined to go along with him as far as we can.
And if he is able to proceed shortly, we would like to
accommoda~ him by permitting him to conclude his proceed ~g
before Judge Curran, whatever he is hearing.
MR. ROBERT ZEMAN: If Your Honor please, I am not represen ing
anyone. I am simply fire because my name was mentioned in he
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Petition and I shall make myself available at the convenience
of the Court and counsel. I -will be out in the hall whenever
Mr. Ecker appears and the Court is ready to hear the matter.
2
THE COURT: Very well, sir. Thak you.
MR.
THE
* * * * * * * *
If the Court ... please, in the matter of t1e
estate of Raymond 1. Schriver, an alleged incompetent,
Number 566 of 1971, we areappearing on behalf of the
Petitioner, McMurray Hills Manor, Inc., which is a creditcr
of the alleged incompetent, Mr. Schriver. We have preparec
for the Court an Affidavit of Service of various parties
who were served by certified mail, certified receipt. I
spoke with Mr. Hana earlier this ruorning concerning the re urn
of service of the Petition itself, and the service on the
alleged incompetent, and I assume that is a matter in the
record.
COURT:·· We have that. Service was made on him o
Monday the 7th day of June, 1971; and tcday being the 2~tl
day of June, 1971, ·service is properly made, 20 days havi g
lapsed. So we will make part of the record the return of
service on the alleged incompetent as well as the Affidav t
of Service of Mr. Reed B. Day, showing service on the staputory
heirs of the alleged incompetent, which said Affidavit of Ser~
vice is also received in evidence and made part of this r cord.
MR. ECKER: It is our understanding, Your Honor, trn
Dr. Saffran, the alleged incompetent's personal physician
.,, -1-•.p_ '"'l "lf"\ i.r. .-'l .-'l n ,.....p +"h-Ie ,,roolr rnrH~PT'nj_np-
.----------,-,--------------------------------------.------------.
his medical condition. We are prepared this morning to cffE r
the ~stimony on behalf of the petit~oner, of Mr. Robert
Larson, who is the Secretary-Treasurer of McMurray Hills
Manor, Inc.
THE COURT: You may present your lay witnesses.
MR. ECKER: We might add also for the record, Your
3
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Honor, that Mr. Schriver is available but we see that his
presence would serve no purpose this morning and the phys ciafu
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can testify about whether his presence would be served on
Wednesday. We will call Mr. Larson to the stand.
~ ROBERT LARSON IS CALLED AND SWORN.
0
~ EXAMINATION BY MR. ECKER: ~
0 ~ Q State your full name for the record.
:r ... ....
N A Robert Larson .
.; a: ~ Q Mr. Larson, where doyou live?
0 ~ A 2275 Sitchville Lane, Pittsburgh, 15241.
1-a: g Q
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Q
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By whom are JOU emplo'Jffi?
McMurray Hills Manor, Inc.
Will you explain for the Court what position you hold wit~
the McMurray Manor Hills, Inc.?
I'm Secretary-Treasurer of the ~orporation.
Briefly describe your duties for the Cm rt please.
Primarily in charge of the business aspects of the busine~s,
handling the accounts receivable, accounts payable and in
charge of the bookkeeping.
Q In this capacity, have you instructed our office to prepa e
this Petition for the appointment of a guardian?
Yes, I have.
4
With respect to Raymond 1. Schriver, will you tell the Cm rt
from what date and to what dates Mr. Schriver has been a
patient at McMurray Hills Manor?
Mr. Schriver was first admitted to our home on 4-22-68,
and he was discharged on 7-8-6~. He was readmitted tothe
home on 10-2~-69 and to the present time is still residin
at the home.
On the first occasicn you mentio~ed under what circumstan es
·was Mr. Schriver admitted toMcMurray Hills Manor?
I'm sorry, I don't quite understand.
Was this a voluntary llihing,Mr. Schriver came to your estap-
lishment, is that correct?
Well, he was brought there by a ~~sponsible party, yes.
What is the charge that has been assessed by McMurray
Hills Manor per diem for Mr. Schriver's stay at your home?
His preserlt P.er diem rate is $ltL50 a day.
On the first occasion that Mr. Schriver was there, I beli~ve
could you give us a figure of the amount assessed to Mr.
Schriver for charges for his care and maintenance?
On his first visit?
Yes.
$1619.41.
And w~ that based upon the per diem figure you gave us?
No. At the time the per diem rate would have., been lower.
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A You're making me search my memory here.
Q If you know .
A I'm not positive. I could divide here real quick.
Q Will you tell the Court what type of care and maintenance Mr. Schri\ er
receives?
A He receives complete care from the home. He s provided, of .course
with room and board and complete nursing care. We have skilled ca1 e
facility, authorized for Medicare to take care of high-level type care
patients.
; Q After Mr. Schriver was read~itted to your facility in 1969, for how
~
long has he remained there?
To the present time.
Can you give the Court a breakdown on the charges that were due
:t 1:: and owing from Mr. Schriver for both his first visit and his second
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extended stay at your home?
The adrrission on the first visit, the total charges amount to $1649. tJ 1,
of-
which was paid. Since the time/the second readmittance we had received
three checks towards his care; one on November 24, '69 for $119. 50·
one on December 10, 1969 for $536. 95; and we had received a chec~
on February 10, 1970 for $1,093. 75. Since that time we have recei~ ed
no reimbursement and we have a total outstanding bill at the end of
May for $9, 377. 20. However, we did receive on his admission a
deposit in the amount of $525.00, which would be applied against thi.::
bill, which would leave a net total of $8, 852. 20., as of the end of M<= y.
·-
Q And this is a figure somewhat different from that alleged in the Petit on,
but it is a more up-to-date figure.
A That's right. At the time of the Petition I had given Mr. Day a figur ,
calculated figure, an estirr. ate. .The actual bill here includes cert n
drugs that were purchased and certain laundry charges which would ot
have been included in the estimate I gave at that time.
~ z ~ Q In your capacity as Secretary-Treasurer for McMurray-Hills Manor
..1 > ,(II ~ Inc., are you familiar with the charges customarily :rriade for this
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z o type of care and service? .. ~ z ~ A Yes. Yuu mean from other howes?
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~ Q Yes.
ii! ... ~ Q I'm somewhat farriliar with other homes .
..1 ~ ~ Q Are the charges made by the Petitioner fair and reasonable and in
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:E t;: accordance with the pr~ctice and the industry?
"' ui ~ A Yes. For the type of nursing horr.e that we have, yes . .. a: 0 ~ Q And am I correct that at present you are receiving no reimburseiT'e t ..
II: ~ towards Mr. Schriver's expenses? u
..1 < u A ii: That's correct.
II. 0
Q Was this the reason the Petition was filed?
A Yes.
Q Are you personally familiar with any of Mr. Schriver's own busine s
affairs?
A No, I am not.
Q Do you know how old Mr. Schriver is presently?
A I don1t have the information with me, I m sorry. Yes, he 1s 71. He vas
born on Nove:rp ber 4, 1899. It 1S in the Pe titian.
Q Do you, of your own personal knowledge, do you know whether Mr.
A
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Schriver1s best interests tw:Ould be served by his being present here
in Court today?
From my own knowledge I would say no.
Am I correct that you do not know whether Mr. Schriver has present
income, what property he owns or---
z ~ A My only knowledge of this is sorr:ewhat through Mr. Colaizzo, the
~ z ~ information he has represented to me.
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I understand. I believe that 1s all we have of this witness. The Court
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may wish to ask you some questions or perhaps someone else may
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wish to ask you some questions.
% ~ THE COURT:
N
ai ~ ROBERT ZEMAN: I-ll: 0 ~ THE COURT:
I-ll: ~ (Witness excused). u
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The Court has no questions.
I have no questions.
You are excused, sir.
7
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u MR. ECKER: iL If the Court please, at this time we are prep~red
... 0
to offer no additional testimony. There may or may not be other
persons in Court interested in this matter. As far as the medica!
aspect of this particular case, the doctor will testify on Wednesday.
I don 1t know if there are other people who are interested in this
proceeding or not.
THE COURT: Is there anyone else in Court who desires
8
to be heard in the matter of the alleged incompetency of Raymond L ..
Schriver? Anyone who wants to give testimony before the Courtin
this rna tter? Anyone who wants to be heard?
ROBERT ZEMAN: If the Court please, my name is Attorney
e Robert L. Zeman of Canonsburg, Pa. I am not here representing an.
person connected in any way with this proceeding for the purpose of
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this proceeding. My sole purpose in being here is to clarify for the
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record an averment contained in the Petition and iden~ified as
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0 burg, Pennsylvania and by Attorney Robert L. Zeman, Esquire, of e .J <(
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0 Zeman Law Building, Canonsburg, Pennsylvania. 11 That is the end
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of the quoted paragraph. I would like to state to the ~ourt and for
ai a: Ill ... the record that the implications of that paragraph are excessively
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Ill a: br?ad and somewhat misleading, at least with respect to myself.
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:I 0 0 Mr. Colaizzo, on several occasions, had rather extended confer.encE s
.J <( u iL with me regarding the charges then accruing and that had accrued at
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the McMurray Manor Nursing Home where Mr. Schriver was a patient.
And I advised hirr and suggested a proposal as to how these matters
might be taken care of. Later, there was a conference in my office
with Mr. Colaizzo and Mr. Larson, the witness who has just testified,
with the idea or with the end in view of trying to work something out
with regard to these charges that had accrued and those which might
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accrue. The proposal which I suggested was apparently not feasible
or at least it was not followed or could not be followed by Mr. Larsoj:l.
Now that was the extent of my representation on behalf of
Mr. Schriver through Mr. Colaizzo. And I submit that that can hardlv
be considered as tantarrount to handling the business affairs of of Mr.
Schriver. Our office, of course, has, in the past, done some legal wprk
~ for Mr. Schriver. But these were specific instances, or I should
.J > UI z z say particular instances of a specific nature which certainly did not
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z e constitute any type of management or operation of his business affair~.
I) z ~ And I would like to make that staterr>ent for the record.
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I might also say for the information of the Court that I spoke
with Mr. Colaizzo yesterday by phone and Mr. Colaizzo, as the Cou t
may know, is the Director of Acquisitions for the Urban Redevelopm ~nt
S Authority of Washington County, and he had commitments in connectipn
ai = with that occupation outside of town this morning and was unable to b:;
a: 0 L ~ here. At this stage of the proceedings his presence and his tes timor y
... a: :I 8 may not be necessary. But if the Court would see fit to call him, he
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can be made available. He has also instructed me to advise the
Court that if the Court saw fit to appoint a guardian for Mr. Schrive1
and if the Court were satisfied with Mr. Colaizzo 1S attributes in this
respect, that he would, as a matter of personal friendship, be willin~
to undertake the guardianship. If the Courthas any questions of me
I would be very happy to try to answer them, sir.
(At the direction of the Court, off-the-record discussion was not
9
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recorded by the stenographer.
THE COURT: We are glad to have your statement for the
record, Mr. Zerr.an. There being no other persons who desire to be
heard in this matter, we will continue this proceeding until Wednesday
afternoon at 2:30 o'clock P. M., when we will hear the medical
testimony to be submitted by Dr. Safran.
* * * * * * * * * * * * * * *
~ On Wednesday, June 30, 1971, at 2:30 o'clock P.M., the following occurrEd: x CD ~
~THE COURT:
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Mr. Ecker?
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MR. ECKER: ·If the Court please, this is the estate of Rayn ond
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a :I ., L. Schriver, an alleged incompetent, Number 566 of 1971. This is
X 5 the time set for the taking of the testimony of Mr. Schriver's attendi g
ai ~ physician, Dr. Safran. At this time we will call Dr. Safran to the stc:nd . ... t:t: 0 ~ THE COURT: You may .
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SIDNEY SAFRAN IS CALLED AND SWORN.
EXAMINATION BY MR. ECKER:
Q For the record, Doctor, give us your full name and business addres~ .
A Sidney Safran, 139 West Pike Street, Canonsburg, Pa.
Q Dr. Safran, are you a licensed physician in the State of Pennsylvani ?
A Yes, sir.
Q For how long haveyou practiced and where do you maintain your offic~?
I
A I maintain my main office, principal office at 139 West Pike Street,
Canonsburg, and another office in Ptters Township. And I practice,
md
I have/my license to practice medicine since 1938.
Q Are you engaged in the general practice of medicine in this communi y
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then?
Yes.
With respect to Raymond L. Schriver, the alleged incompetent in the~e
proceedings, has he been a patientofyours?
~ A Yes, sir.
~ z ! Q I wonder if you would tell the Court when he first becawe a patient
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of yours.
OveT 30 years ago.
11
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:t ::; A 01 Yes.
ai ~ Q In the last five or ten years, specifically during the period of time
a: 0 L : from April 22nd, 1968 until July 18, 1968, was Mr. Schriver a patiEnt
.... a: :I 8 of yours?
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Q
A
Yes, sir.
This is a period of time, is it not, Doctor, when Mr. Schriver was
in the McMurray Hills Manor Horre.
Referring to my notes, he was a patient at the Canonsburg General
Hospital from March 26, '68 until April 22nd, 1968. And on that lateln
date he was transferred to McMurray Hills Manor where he remainEd
until sorre tiw e in July. I
----~~-----------------------------~---
,---------------.~--------------~---------------------------~.--------------~r-Q ______ D_u_r_l_.n_g __ t_h_i_s_p __ e_r_io_d __ o_f __ t_irn __ e_, __ D_o_c_t_o_r_, __ h_o_w __ o_f_t_e_n __ d_i_d __ y_o_u __ h_a_v_e __ o_c_c_a_S_l_.o_n~--~
to visit this patient?
A Once a month.
Q Will you state for the Court his general physical and mental conditiojl
at this time?
A At that time his general physical condition had improved and his mel tal
z ·~ condition was not too bad. It was fair .
.J >-QI ~ Q Can you be specific, Doctor, and elaborate sorr.ewhat?
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I feel that in July of 1968 Mr. Schriver was able to conduct his own
personal affairs.
Did he suffer any specific ailments or disease then?
His diagnosis at the time of his hospitalization was malnutrition,
alcoholism, mild stroke and coronary artery disease.
Do you know how old Mr. Schriver was at this time that you are spe~king
eli ~ of now and how old he is today?
1-0: 0 ~ A At that time he was 66. This would make him 71 at the present time.
0: ... 0: 5 Q When Mr. Schriver was readmitted to McMurray Hills Manor Horne
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on October 28, 1969, willyou describe for the Court his physical
and rn ental condition at that time?
A Mr. Schriver at that time was suffering .from alcoholic gastritis, fr m
arteriosclerosis, from malnutrition, and a condition known as
Korsakov s Psychosis.
Q How would you describe his behavior and actions at this tirre?
A He was very confused periodically. At that time there were periods
--------------------------,,----------,
13
he was unaware of time, place and person. But he did have some
lucid moments.
Q How would you describe his condition today, Doctor?
A Today, this patient is completely disoriented. He is totally unaware .
' e of who he is, his own name, where he is, the time and the place.
. He recognizes no one from the past. And he has had a total mental
:: z c( > breakdown, in plain words.
-I >-lA z Q z Ill What would be the cause of his present conditipn, Doctor?
D.
i A 0 .. I would have to attribute this to the Korsakov's Psychosis. With the
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permission of the Court, I will give a definition of this which I have
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written down. This is a psychos is which is usually based on chronic .. fD
Q alcoholism and which is accompanied by disturbance of.· orientation, e -I c( u
Q suscept:ibility to external stimuli and suggestion, falsification of
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% ... " N memory and hallucinations. Signs of polyneuritis may be present .
.;
II: ~ That is wrist-drops and soforth. Other synonyms for this condition
0: 0 D.
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0: is a polyneuritis psychosis, cerebropathia and chronic alc"oliolic .. 0:
:I 0 u delerium. The definition was derived from the current Dorland's . -I c( u ii: Medical Dictionary.
II. . 0
Q What is the likelihood that Mr. Schriver's condition will improve in
e the future?
A lt;''s-very unlikely that he will improve.
Q In your opinion, Doctor ,Scan Mr. Schriver exercise good judgrr.ent
and common sense?
A He cannot.
Q Can he handle his ordinary business affairs by handling money, bills
le
and payments ?
A No, sir, he cannot.
Q If this patient were permitted to handle his own affairs, Doctor, wou d
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it be possible for designing persons to take advantage of him?
It is very possible, yes.
Based on your examination, Doctor, is it your opinion that Mr. Schr ver;·
the allegedincompetent, is unable to handle his ordinary business aff irs?
Yes, sir.
Would his condition be served by being present here in Court today?
Would it serve any porpose?
None whatsoever.
That's all we have. The Court may have some questions for you,
Doctor.
~ EXAMINATION BY THE COURT:
0:
1-g Q Doctor, what was the original cause of his disability?
u
.J ~ A The original cause, going back to 1968?
ii: IL
0 Q Yes.
A Malnutrition, alcoholism and a mild stroke.
Q Which stroke would be due to arteriosclerosis?
A Right.
Q So that we have here a history of almost continuous alcoholism.
A Yes, sir.
. e
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Q' q So the prognosis here is definitely poor.
A It is very poor.
Q Why would it be ':'poor?
A Because this man has a lot of permanent damage done to his brain as
a result of the alcoholism. Some people develop alcoholic brain.
Some people develop cirrhosis of the liver. In this particular case
~ we have alcoholic brain. They very seldom improve, if ever .
..I > Ill ~ Q How does that differ from arteriosclerosis in the effect on the brain: Ill 11.
z g A Arteriosclerosis causes an asthenia of the brain because there is
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this particular instance. there is scar tissue of some of the brain ce ls
as a result of the alcoholic irritation.
And the scar tissue is not removable?
5 A No, sir.
ui ~ Q How would his general health be, Doctor, outs ide of these items
Ill:
0 11. ~ that we have just mentioned? ... Ill: g A The general heal~ is good for a man his age .
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But he definitely now cannot handle his business affairs?
A Now or any time in the future, in wy opinion.
15.1
Q I think that's all the questions we have of Dr. Safran. Thank you. Do~tor.
A Thank you for allowing me to come in at an extra time.
MR. ECKER: Your Honor, we have no other witnesses in
this matter so we will close our testiwony.
THE COURT: Very well.
(Proceedings Closed).
•
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~ I hereby certify that the proceedings and evidence are contained full z < > ~ and accurately in the notes taken by 1'L)')\e on the hearing of the above cause, Ul z z
~ and that this copy is a correct transcript of the same.
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The foregoing record of the proceedings upon the hmring of the abov
Ill ~ cause is hereby approved and directed to be filed. 0 D. Ill a:
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