HomeMy WebLinkAboutOC1971-0600 - ESTATE OF ALVAREZ IIIJ
STATE OF PENNSYLVANIA,!SS:
COUNTY OF WASHINGTON,
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Personally appeared before me the undersigned authority
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guardian of the estate .of .l,Q.~~A..~Y.'~.~.~.?:J.~J :,:.
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mmor ,who being'duly sworn,deposes and says .~hat the following is a true and correct Inventory and State-
ment of the personal and real property which are of the estate of the above named minor
l~itt~bUrgh~tionalnk,By .'..J~................................'(,:..
Assistant Vice President
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If cash in tbank,give name of same.
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ARN.OLD W.HIRSCH ~i.!i .
ATTORNEY AT LAW (}Y \P
534 McKEAN AVENUE
PETITION,
ACCEPTANCE
and ORDER
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COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:
Appointment of Guardian of the
Estate for JOSE ALVAREZ,III,
a minor.
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COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION'
IN RE:
Appointment of Guardian of the
Estate for JOSE ALVAREZ,III,
a minor.
No.(,001/971
PETITION FOR APPOINTMENT OF
GUARDIAN OF ESTATE OF A MINOR
1.The name of the minor for whom a Guardian of the Estate is sought
is Jose Alvarez,III,who resides at Palmer Park,Box 387,Donora,
Washington County,Pennsylvania.The said minor was born on May 21st P4
1958,and is now Thirteen 0.3)years of age.The said minor's parents are
Jose Alvarez,Jr.,and Shirley Alvarez,who live together in a marital
relationship at Palmer Park"Box 387,Donora,Washington County,
Pennsylvania.
2.Your petitioners are Jose Alvarez,Jr.,and Shirley Alvarez,the
parents of the said minor,their address being shown above.
3.The parents of the said minor consent to this Petition as is evidenced
by their being the petitioners.
4.The necessity for the appointment of a guardian for the said minor
arises out of the following circumstances:
(a)The said minor was involved in a motor vehicle collision on
March 29th,1969.The minor'was a passenger in a vehicle operated by his
mother,Shirley Alvarez,one of the petitioners,which was struck by another
vehicle operated by an uninsured motorist.
(b)In accordance with the provisions of an insurance policy covering
the vehicle in which the minor was a passenger a claim for uninsured(motorist
coverage was brought on behalf of the minor,his mother,and Twila Alvarez,.
his sister,against Aetna Life and Casualty Company.This claim,as required
by the terms of the policy,was brought before the American Arbitration
Association and determined by three arbitrators appointed from an American
Arbitration Association panel.The caption of the claim was:
"SHIRLEY ALVAREZ,TWILA ALVAREZ,:
a minor,and JOSE ALVAREZ,III,a minor:
.:Claim B (D)3 AU 156626 PG
and
AETNA LiFE AND CASUALTY COMPANY
CASUALTY AND SURETY DIVISION"
r •,
:Case No.:55-20-0265...70,
(c)A full hearing was held before the arbitrators and an award
made,the part applicable to the said minor being:
"3.AETNA shall pay to JOSE ALVAREZ,III,a minor,the sum of
TWENTY -FIVE THOUSAND DOLLARS ($25,000.00).
4.The amounts payable to the minor claimants under paragraphs
two and three above are exclusive of any sums which have been or will
be paid under the medical payment provisions of the policy of insurance
involved in this arbitration.All sums payable under this Award shall
be paid to the minor claimants TWILA ALVAREZ,and JOSE ALVAREZ,
III,in their own right and shall not be paid to their par~nts.
The administrative fees and expenses of the American Arbitration
Association shall be borne by---------AETNA-----------and paid as
directed by the Association.Postponement fees are payable by the
party causing the adjournment.
This Award is in full settlement of all claims submitted to this
arbitration."
This award was handed down on May 24th,1971.A photostat of the complete
decision of the Arbitration Board is .attached hereto and marked Exhibit IIA".
(d)Although the award was in the amount of Twenty-Five Thousand
Dollars ($25,000.00),the total coverage provided by the policy was limited to
Ten Thousand Dollars ($10,000.00)for any individual claimant and was subject
to being reduced by payments made by the insurance company under the
medical payment provisions of its policy.Such payments had been made on
behalf of the said minor in the amount of Five Hundred Dollars ($500.00),
reducing the amount collectible from Aetna Life and Casualty Company to
Nine Thousand Five Hundred Dollars ($9,500.00).
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(e)The award to minor plaintiff results ina net amount due him of
Five Thousand Four Hun.dred Ninety and-39!100 Dollars ($5,490.39),computed
as follows:
Total collectible award as limited by the insurance policy,
Less medical payment already made,
Net award due from insurance company,
Deduct:
Arnold W.Hirsch,Attorney at Law,attorney's
fee at 40%as per contract with parents of
minor,$3,800.00
$10,000.00
500.00
$9,500.00
Arnold W.Hirsch,Attorney at Law,
reimbursement for costs advanced in
behalf of minor;
Aland C.Dent,medical report,
Children's Hospital,records,
Pennsylvania State Police
accident report,
File Writ of Summons in
Westmoreland County,
Certified Mail to American
Arbitration Association,
Charleroi"'Monessen Hospital
records,
Ted Mathues,pictures and
diagrams,
Ed Paoly,aerial pictures of scene,
Christopher T.Manos,service
of subpoenas,
Children's Hospital,itemized
statement,
Total,
$30.00
10.50
5.00
25.00
.51
5.00
79.50
37.10
15.00
2.00
209.61
Total deductions,
Balance due Jose Alvarez,.III,
4,009.61
$5,490.39
;.
The minor's parents are not asserting any claim for reimbursement of medica
bills and expenses,which amount to $3,316.70,since these bills and expenses
have been covered to date by hospitalization insurance,medical insurance
and automobile policy medical payments already received.
5.No Guardian has ever been appointed for either the Estate or the
person of the said minor.
6.It is proposed that PITTSBURGH NATIONAL BANK,a banking
corporation engaged in the general banking and trust business,and qualified
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to act as a fiduciary~be appointed Guardian of the Estate of the said minor.
Attached hereto is an executed consent by the said Guardian asserting the
willingness of the proposed Guardian to accept its appointment as Guardian~
to receive all monies due the said minor and to execute such receipts and
releases as may be appropriate under the circumstances and as may be
ordered by court.
7.The proposed Guardian of the Estate has no interest adverse to the
minor~and is not the fiduciary or an officer or employee of the corporate
fiduciary of an estate in which the minor has an interest,nor the surety or an
officer or employee of the corporate surety of such a fiduciary.
8.The sole asset which could be considered the minor's Estate is the
sum of Five Thousand Four Hundred Ninety and 39/100·Dollars ($5~490.39)
to be received by him from the settlement of his claim as described above.
9.Your·petitioners have received a request from Francis H..Patrono~
Esquire~counsel for Aetna Life and Casualty Company~that any Guardian
appointed should be authorized by court order to execute a release of all
claims by the minor against Aetna Life and Casualty Company upon payment
to the Guardian of the amount of the minor's Estate as set out in paragraph 8
above and payment to the said Arnold w.Hirsch~Esquire~of the amount of
his attorney's fee and the amounts to be reimbursed to him for monies
expended by him on behalf of the said minor.
WHEREFORE~your petitioners ·pray that the appointment requested in
the foregoing Petition be made .for the pU:rposesset out therein~subject to
such restrictions and limitations as shall seem appropriate to your Honorable
Court.
And they will ever pray~etc.
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COMMONWEALTH OF PENNSYLVANIA:
:ss:
COUNTY OF WASHINGTON
Before me~the undersigned authority~personally appeared JOSE
ALVAREZ~JR.~and SHIRLEY ALVAREZ~his wife~who~after being duly
sworn according to law~depose and say that the facts set forth in the foregoing
Petition For Appointment Of Guardian Of 'Estate Of A Minor are true and
correct.
Sworn to and subscribed before me this 12th day of June~1971.
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..:AMERICAN ARBITRATION ASSOCIATION,Administrator
Accident Claims Arbitration Tribunal
In the Matter of the Arbitration between
SHlRJEY ALVARFfL,'lWIIA ALVAREZ,a minor
and JOOE ALVAREZ,III,A MrNOR
aDd
AETNA ~AND CASUALTY COM9\NY
CASUALTY AND STJBETY DIVISION
.Claim B (D)3 AU 156626 1U
Case Number:55-20-0265-70
Award of Arbitrator
I,THEUNDEllSIGNED ARBITRATOR,having been designated in accordance with the
arbitration·provisiDDS of Policy,No.3 FA 157231 lC ,and having been duly sworn and
having heard the proofs and allegations of the parties,AWARD,as follows:
1.Dle en.'.at SHllUEY AINARF:l.against AETNA L1FB AID -~COMIMI,"
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2..·un AND CAsuAurY :COMBUfi,here~referred to ...AI5,1h&1l",'~$;::~:
pq to·ftIIA·AtI'4BBZ,&minor,the sum of FIVE HtmIBED DOLLABS ($500.90)..'~':..';,.J
3.-'AI'S'aha.U JI'Y to Jam ALVAREZ,III,a minor,the IWIl of ~.Fm . -'.,'-~,"'r
moosAIJ)J)QtUBS (~.OOO.OO).'.,.,roC \'1'f!''',.i'"'r .
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4..!be'~pepbJ.eto the minor eJaJmanta uDder p8ngr&IU two .anA ....,;~<.::.,
tbree abot'e U'e excIIIsive of allY sums which have been or w1ll be ]il&i4 1U1Cle:r the '.:;t1~*~'.
medtca.1.~'~10D8 of the policy of insurance 1moJ.ved ~th1a ...w.~u.oa..;~~~l~.
All 8UIIII llIiJ'&ble 1m.de.r this Award shall be pe.1d to the m:1Da.r claSJDIIlta ft%Lt ~~~..:,).
•and JaD -Ul'ABIZ,XIX,in theh-own right and shall not be paid to their l*NIl~.,:;;;)';
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COURT OF COMMON PLEAS OF WASHINGTON COUNTY,.PENNSYLVANIA
ORPHANS r COURT DIVISION
IN RE:
Appointment of Guardian of the
Estate for JOSE ALVAREZ,TIl,
a minor.
No.
ACCEPTANCE BY CORPORATE GUARDIAN
AND NOW,this /f"J:.day of June,1971,PITTSBURGH NATIONAL
BANK hereby agrees to accept the appointment as Guardian"of the Estate of
Jose Alvarez,III,a minor.
",
"Pittsburgh National Bankis not the fiduciary of an estate in which the said
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•.,t '.t ..~•minor has an interest nor the surety of such a fiduciary and has no interest
..adverse to that of the minor.
Pittsburgh National Bank agrees to accept any amounts due said minor
from Aetna Life and Casualty Company,to execute appropriate receipts for
money coming into its hands in its capacity as Guardian,and further agrees,
if ordered by the Court,to execute a release of any claim by said minor
against Aetna Life and Casualty Company under such conditions as the Court
may require.
PITTSBURGH NATIONAL BANK
COURT OF COMMON PLEAS OF WASffiNGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
Appointment of Guardian of the
Estate for JOSE ALVAREZ,III,
a minor.
No.
ORDER
AND NOW,this
~I j ~day of June,1971,upon consideration of
the foregoing Petition and the Acceptance by Corporate Guardian attached
thereto,it is ORDERED AND DECREED:
Pittsburgh National Bank is appointed Guardian of the Estate of Jose
Alvarez,III,a minor,and is authorized and directed to receive such funds as
shall be due the minor,particularly the proceeds of the award of arbitrators
in the proceeding before the American Arbitration Association captioned
SHIRLEY ALVAREZ,TWILA ALVAREZ,
A minor,and JOSE ALVAREZ,III,a minor
:Claim B (D)3 AU 156626PG
and
:Case No.55-20-0265-70
AETNA LIFE AND CASUALTY COMPANY
CASUALTY AND SURETY DIVISION
which net proceeds amount to $9,500.00,less $3,800.00 to be paid to
Arnold W.Hirsch,.Esquire,for attorney's fees,and $209.61 to be paid to
Arnold W.Hirsch,Esquire,in reimbursement for expenses advanced.The
said Guardian is authorized to execute receipts for monies coming into its
hands and is further authorized to execute a release to Aetna Life and Casualty
Company releasing any and all claims of the said minor against said insurance
company in consideration of receipt by the said Guardian of the sum of
$5,490.39 as the minor's Estate and the assurance,by receipt or otherwise,
that the sums of $3,800.00 and $209.61 have been paid to Arnold W.Hirsch,
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Esquire.The said Guardian is 'authorized to payout of the minor's Estate the
cost of filing this Petition and.Order."Th~'said Guardian shall account to this
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Court as requir,ed by law and Rules of the Court.,
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By the Court,
J ....
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