HomeMy WebLinkAboutOC1971-0714 - ESTATE OF SMITHIN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,
PENNSYLVANIA -ORPHANS' COURT DIVISION
IN RE: ESTATE OF MARY C. SMITH,
an incompetent
PETITION FOR APPOINTMENT OF
GUARDIAN .AND'LEAVE .TO SELL
TO THE HONORABLE, P. V. MARINO, of said court'
The petition of Earl J. Smith respectfully represents:
1. That Earl J. Smith is an adult individual and resides
in the City of Washington, Washington County, Pennsylvania.
2. Mary C. Smith, the alleged incompetent, is the former wife
of Earl J. Smith and is presently confined in Somerset State Hospital
where she has been so confined since September, 1950.
3. That your Petitioner believes and therefore avers that the
said, Mary C. Smith, is an incompetent and is incapable of managing her
own affairs and might become a victim of designing persons and is
totally unable to manage her own affairs.
4. That during the time that the parties were married they.
became the owners of the following described real estate situate in the
Seventh Ward qf the City of Washington:
ALL those two certain lots of ground situate in
the Seventh Ward of the City of Washington, in Washington
County, State of Pennsylvania, bounded and described as
follows: Being lots numbered one ( 1) and two (2) in block
ten (10) in the plan of lots laid out by Brown and Slater,
called "Reason's Choice", recorded in Plan Book 2, at page
14, records of Washington County, Pennsylvania. Said lots
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are bounded on the Southwest by Bruce Avenue, on the Northwest
by Glenn Street, on the Northeast by an alley and on the South-
east by Lot No. 3 of said block in said plan. Each of said
lots fronting forty (40) feet on Bruce A venue (or Street). and
extending back therefrom in a northeasterly direction of even
width a distance of one hundred fifty ( 150) feet to said alley.
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5. That as a result of the divorce between the parties, they
each now own the said real estate as tenants in common, and your
petitioner desires to have your Honorable Court appoint a guardian and
approve the sale of the within described real estate to him.
6. That your petitioner avers that the value of the said real
estate is approximately$4., 000. 00 and that he has resided therein and
paid the mortgage therein and made improvements that were necessary
thereon and paid all the taxes thereon, and desires to purchase the
same from the estate of the said incompetent for the sum of $2~000 •. 00 ..
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COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF WASHINGTON
) SS:
)
Personally appeared before me, the undersigned authority,
EARL J. SMITH, who, being duly sworn according to law, deposes and says
that the facts set forth in the foregoing Petition for Appointment of
Guardian and Leave to Sell are true and correct to the best of his
information, knowledge and belief.
Earl J.vSmith
Sworn to and subscribed
before me this Z day
1971
~; Notary Public
Washington, Washington Co., --···..," ·' \?'""".·'
Penna.
'·'' ALICE L. MILLER
Notary Public, Washington, Washington Co.
M~ Commission Expires March 20~ ~~7~
'r
~ IDI1r QJourt of C!l11111111ou Jlrits of l!llaa~iugtou C!lotm!y, Jruuayluuttia .
IN RE : { ®rplJttttn' Qlnurt 1lHuin~ntt
E~A~~ ) )
HARY c. SHITH, ~ ar ttatinu ~ NO. ~ 3--ZJ-7!1
an incompetent.( (
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_(!tnmmnttm~altl1 nf J~uunylttattitt )
aJnuuty nf ll!lliliittgtnu \ ss:
To:~c~.~s~M~I~T~H~----------~----
Sur Petition of: __ E_A_R_L_J_. ·_s_M_I_T_H ____ _
~rrrtiug:
.< lWf~ (!totntUtttt?l lnlt, ..,.--. __ ----=...::;MA;_;_:_R=-=Y----=C-=-• --=S-"-=-'MI=-=T=H _____ _
that, laying ·aside all business and excuses whatsoever, you do file m 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 16 day of _ ___._A....,u"""'IT_,u=s_,_t __ _
19 _ll_ft at 10:00 o'clock_A_. M., and show cause why the said l1ARY c.
SMITH should not be adjudged an incompetent and a G~dian of her 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 Jl3 day of · July , 1971 .
~)?11~
Clerk of the Orphans' Court
Sanford S. Finder. Esq -----~==~~~~==~~------.
Attorney for Petitioner. ·
(Seal)
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IN THE CQURT OF C.OMMON PLEAS OF WASHINGTON COUNTY, PENNA.
. . ORPHANS' COURT DNISION
INRE:
Estate of
MARY C. SMITH,
an alleged incompetent.
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No. of 1971
INTERLOCUTORY DECREE
AND NOW, July 8, 1971, upon consideration of the foregoing
petition, IT IS ORDERED AND DECREED that a Citation be awarded,
directed to Mary C. Smith to show cause why she should not be adjudged an
incompetent and ·a Guardian of her estate appointed; h.earing to be held in
the Orphans' Court Room, Court House, Washington, Pennsylvania, on
Monday, August 16, 1971, at 10:00 o'clock A. M.
At least twenty (20) days notice of the hearing shall be given to
Mary C. Smith, the alleged incompetent, by personal service of a copy of
said Petition and Citation, and by service of notice upon the next of kin,
personally or by registered or certified ~ail.
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IN RE: (
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®rpqaun' <!rnurt 1lliutninu
(
ESTATE OF )
MARY C. SMITH 1 )
an incompetent.(
Qtitatinu \ NO. to:3-zt-1'i (
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Qtnmmnuwraltl1 nf Jruunyluauia ~.
Qtnuuty nf lfanqiugtnu )
To: MARY G. SMITH
!i!i:
Sur Petition of: __ E_A_R_L_J_._SM_I_T_H ____ _
~rrrtiug:
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lfr Qtnmmattb fnu, ----=MA==-=-RY=---=--:c ·~-s=M==-IT=H,___ ____ _
that, laying aside all business and excuses whatsoever, you do file m 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 16 day of _ ___,_A,_,u'*"g"""'u""-s_,._t __ _
19 ___.1_l11 at 10:00 o'clock___K_. M., and show cause why the said MARY c.
SMITH should not be adjudged an incompetent and a Gurdian of her 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~day of July , 19 71 .
~?o~
Clerk of the Orphans' Court
Sanford s. Finder, Esq.
Attorney for Petitioner.
(Seal)
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1Kttfttt All ilru by iJJ4rnr Jrrsruts:
' ALEX DEBRECZENI That I, ···············-···········-··························t llig~ l'~rrtff nf t~t QLnunty nf mtlus~tngtnn. ~tutr nf
Jtnnsylnuniu. at the entire risk and request of the Plaintiff, do hereby authorize and depute ........................ .
JOHN W. PECK SHERIFF OF WESTMORELAND COUNTY PENNSYLVANIA ' ··································'···········································-············· ··························'-························· ................................... .
to execute this writ as fully and effectually as I could or would if personally present.
Given under my hand "and seal this .... !J~~---------day oL ....... p'b.";; _____________________ ~_A, D., 19.Zt .... .
___ (}t,fdJ,-~---------------(SEALJ
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N9t found, as to the within named, Mary C. Smith, an
alleged incompetent.
Received from Attorney $12.00, Sheriff's costs.
So answers,
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Sheriff
lftnn.aylttttniu, at the entire risk and request of the Plaintiff, do hereby authorize and depute ________________________ _
~9~AN .. J4'.!' ____ WAL.l\EE_,_ ___ SHER.IF_F_,_ ___ S_OMEB.SET ____ C_OUN_TY_, ___ P.A .. ______________________ .. -----------------------------------
to execute this writ as fully and effectually as I could or would if personally present.
Given under my hand and ,.al tMs .. 2~L ......... d1,;t---·~·---··4 ......... .A. D., 1~2J!~ ....
_ __. . zYrit;J;··G~.-u<sEAL)
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THE COMMONWEALTH OF PENNSYLVANIA
SOMEE.SET COUNTY
Personally appeared before me .............. .P.!?.~~~ ... ~.~-... ~9.: ............................................................................... a
deputy for ............................ ~.9.~~ .. .!.! .... ~~-:!~.~.?:: ................................... ~ ................. Sheriff of Somerset CoUinty,
Pennsylvania, who betng duly sworn according to law deposes and says that on the
.. J.r.4 ... day of ..................... A~g~~~ ........................................... 19 ..... 7.~ ...... :at !.:.!±? .. X~.~~ ... he served ........... ~ .............. .
........ ~~ .... 9..! .... ~~.~~.t ..... ~ .... ~!!.~g,~~.,.~~~~~P.~~~.~~ .... ~~ .... ~?.:~ ... ~.?.~~~.~.~ .. ~ .... ~~.~~~ ... ~~~p~~.~ ...... ~ ......... ..
at ......... ~.!'! .... P..!'! .. J~9..!'! .... 2,. .... ~Q~~:r,~~~ .... :i::~ .... §.?.~~?::~.~~ .... ~?.~~?.:~P..L ............................................................................ ~ ......... ..
ooooooooooooooooooooooooo• ooooooo••:••ooooooooooooouooooooO'oooooooooooooooooooooooooooo~oooooooooooooooooooooooooooooooooooo•oooooo•o••oooooooooooooooooooooooooooooooooooooooooooo•Ooooooooooooooooooooooooooooooooooooooooooooooooooooooooo ... ooooooooooo
Somerset County, Pennsylvania, with a true and correct copy of the within ......... : .................. .
..... ~~~~.~~2P.: .. J2.~ ... ~P.P.2.~.~~~~-~~ .... ?.~ .... ~~.~~.~ ... ~~ .... ~.~Y.~ .... ~~ .... ~.~~-~-?. ..... ~.~~~~-~?.~ .... ~~~-.. ?.:.~~: .. .
of the Court No. 63-71-714 . ............................................. ?. ............. , .............................................................................................................................................................................................. .
by handing to and leaving with .P.9.JJA~ .... ~~ ... P.-gP.:±9.P.J: .... ~.~.g,r.~~.~Y. ... ~.Q ... P.t..! ... !l.~.P:.i.:~ ... 9 .. ! .......
Ryan, director of the Somerset State Hospital, and at the time and place .............................................................................................................................................................................................................................................................
. in charP'e •••••••••••• _ •••••••••••.•••• !7? ................................................................................................................................................................................................................ ~··••<4•••••
' ·and making known to
PROniONO~
My Commission Expirw
FJrtt MOnday in January 197 4
her the contents thereof.
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19 ................. .
So Answers
.......................................................................................................................
Sheriff, Somerset County,
Pennsylvania
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AND NOW AUGUST 5, 1971 I HEREBY CERTIFY AND RETURN THAT I SERVED THE
WITHIN CITATION AND PETlTION FOR AP~OINTMENT OF GUARDIAN AND LEAVE TO
SELL, ON THE WITHIN NAMED DEFENDANT, MARY C. SMITH, BY THE SHERIFF
OF SOMERSET COUNTY WHOM I DEPUTIZED TO SERVE THE AFORESAID, CITATION &
PETITION,ETC. AND 1iHOSE RETURN IS HEREWITH ATTACHED AND MADE A PART
HEREOF
SO ANSBERS
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CITATION & PETITION
NO. 63-71-714 INVOICE NO. 18207
SHERIFF'S COSTS: $15.00
DO~~X .NO._ ~0, :~AGE 318
< PAID BY ATTY.FOR PLFF.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COVNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
Estate of
)
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)
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No. 714 of 1971
MARY C. SMITH,
an alleged incompetent.
PETITION UNDER SECTION 443 OF THE
INCOMPETENTS' ESTATES ACT OF 1955 FOR LEAVE
TO MAKE PRIVATE SALE OF REAL ESTATE
TO THE HONORABLE P. V. MARINO of said Court:
The petition of Earl Smith respectfully represents:
-1-
That your petitioner, Earl Smith, is the former husband of the
incompetent, Mary C. Smith, and resides in the City of Washington, Washington
County, Pennsylvania.
-2-
On October 5, 1971, Mary C. Smith, of Somerset State Hospital, Somers.t,
Pennsylvania, herein called "incompetent", was adjudicated incompetent at the
above number and term, and the brother of the incompetent, Harry Mossburg, wh~
resides at 933 Bruce Street, Washington, Washington County, Pennsylvania, was
addpointed guardian of the estate of the said incompetent.
-3-
The guardian has not filed any bond.
-4-
That Mary C. Smith, the alleged incompetent, is the former wife of
Earl Smith, the petitioner herein, and said marriage was terminated by divorce.
That during the time that the parties were married, they became the ow~ers of t le
following described real estate situate in the Seventh Ward of the City of
Washington:
---~----
ALL those two certain lots of ground situate in the Seventh
Ward of the City of Washington, in Washington County, State of
Pennsylvania, bounded and described as follows: Being lots
numbered one (1) and two (2) in bbck ten (10) -in the plan of
lots laid out by' Brown and Slater, called 11 Reason' s Choice11 ,
recorded in Plan Book 2, page 14, records of Washington County,
Pennsylvania. Said lots are bounded on the Southwest by Bruce
Avenue, on the Northwest by Glenn Street, on the Northeast by an
alley and on the Southeast by Lot No. 3 of said block in said plan.
Each of said lots fronting forty (40) feet on Bruce Avenue (or
Street), and extending back therefrom in a northeasterly direction
of even width a distance of one hundr§d fifty (150) feet to said
alley.
-5-
The Court did appoint Harry Mossburg as Guardian of the said estate,
and the said Harry Mossburg did agree with your petitbner to sell the real estate
to him for $2,000.00, but has failed to execute the necessary papers although
requested, and therefore your petitioner prays your Honorable Court to hold a
hearing and approve said sale.
-6-
That the making of the sale for the price herein is fair and reasonable
inasmuch as the Buyer herein has maintained and improved the property over a
long period of years, and paid the mortgage and all taxes, and the~price set
forth is desirable for the proper administration of the incompetent's estate.
WHEREFORE, your petitioner requests your Honorable Court to set the
matter down for hearing and to issue a Rule upon the Guardian to show cause why
if any, the said sale should not be approved.
COUNTY OF WASHINGTON
COMMONWEALTH OF PENNSYLVANIA
)
) ss.
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Personally appeared before me, the undersigned authority, EARL
SMITH, who, being duly sworn according to law deposes and says that the facts
set forth in the within Petition are true and correct.
Sworn to and subscribed
befpre me this /~J_day oL~ , 1972. ~(/ :c:b~tdJ
. ; :· Notary Public
' ,. ) ,~
•'' ALICE L. MILLER
Notary Public, Washington, Washington Co.
My Commission Expires March 20, 1976
Earl Smith
i •
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE:
Estate of
MARY C. SMITH,
an alleged incompetent.
ORPHANS' COURT DIVISION
)
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0 R DE R
No • 714 of 1971
AND NOW, to wit, this /2 ~day of c.(I~.Zi.Avv , 1972, upon consi~
eration of the within petition, this matter~· s set for hearing on J ~~J ...4 ./ -. (!I)'~ u
the~ day of d a&.t<mLwv , 1972, in m No. __ , at Z fda
o'clock ~ m., and a Rule is issued upon the Guardian, Harry Mossburg, to show
cause why the said sale should not be approved.
BY THE COURT,
--"'"'·'\ 3Jn UJqr Qtnurt nf Qtnmmnn ~lta.a nf lla.aqiugtnn Olnunty. Jruuayluania
·~.N RE: { ®rpl1~ttt!l' <trnitrt ilittinhttt (
ESTATE OF ) . )
l'tARY C. SMITH ( . Q! ( . NO. 714 of 1971
-"An JnTegerrt'lCoiiiPrtent. . it at in u I
R-U.;.L-E
<1!nmmnttwrult4 · nf Jruunylunuitt · !
<1!nuuty · nf ilnnl1ingtnu ) nn:
To: _HABRY __ MOS_5EERG, GUARDIAN
.OF THE ESTATE OF MARY C. SMITH, an alleged Incompetent,·
Sur Petition of: EARL SHITH
~rtttiug: ·
ift C!tntttmttttll inu. HARRY MOSSBERG, GUARDIAN of the Estate of
MARY C. SMITH, an alleged Incompetent, . ·. ·. · .
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_--=-Th=u=r=-=s=-=d=a::.~.y __ , the 2nd day of November
1972 , at 2:00 o'clock~. M., and show cause why Petition under
Section 443 of the Incompetents' Estates Act of 1955 for Leave to
make Private Sale of Real Estate should not be approved;
and fu~ther abide the order of our · said Court in the · premises, . ·
·If you· fail 'hereof, ·the petition m·ay 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 13 day of October , 19 72 . ~~~
Clerk of the Orphans' Court
·sANFORD S. FINDER, Es}:J.
Attorney for Petitioner. · 729-734 Wash1ngton Trust Bldg. 1 Washington,
(Seal) Pennsylvania,. ·~-4
.. 15301
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA.
ORPHANS' COURT DIVISION
IN RE: )
)
ESTATE OF ) No. 714 of 1971
) '
lVIA RY C. SMITH~ )
)
an alleged incompetent. )
D E c R E E
AND NOW, October r. 1971, upon consideration of the annexed
petition and after a hearing held following due notice, it is ORDERED AND
DECREED that
M.ARY C. SMITH is adjudged an incompetent.
Harry Mossburg is appointed Guardian of the Estate of MARY C. SMITH.
an incompetent.
The said Guardian is directed to file an inventory in accordance with thl
provisions of Section 402 of the Incompetents' Estates Act of 1955, as amende .
The said Guardian shall file bondF\yith::s illfiicdi.~nt surety -io' R-t:tl:E::s:tllli:::c:f::_~
~--.R~,..£ .. £:£= -~e_~
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTYJ PENNA.
IN RE:
ESTATE OF
MARY C. SMITH,
an incompetent.
ORPHANS 1 COURT DIVISION
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0 R DE R
No. 714 of 1971
AND NOW, this 2nd day of November., 1972J the guardianJ Harry
' . Mossburg having appeared before the undersigned with his counsel, John
Solomon, Esquire, and on motion of counsel for the guardian that he" be
••
relieved of any responsibility in connection wit~ his duties, and it appearing
to the Court that this guardian has not heretofor~ performed duties on behalf
of Mary C. Smith, motion for discharge is hereby granted. And the Court
appoints in his stead David L. Gilmore, Esquire, guardian of the estate of
Mary C. Smith, an incompetent.
·The said Guardian is directed to file an inventory in accordance
vvith the provisions of Section 402 of the Incompetents' Estates Act of 19,55,
as amended.
The said Guardian shall file bond with s·ufficient surety in the sum of
.
$2500.00 (T:Iifenty-Five Hundred Dollars).~..,~ t ,4,(4.,. ~
By the Court,
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IN RE:
IN THE COURT OF COMMON PLEAS OF .WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
)
)
ESTATE OF ) NO. 714 of 1971
)
MARY C. SMITH, )
)
an incompetent. )
0 R D E R
AND NOW, to wit, this~ day of November, 1972, after hearing on
~etition for sale of the real estate described in the petition and the interest
of the incompetent therein is hereby approved and David L. Gilmore, Esq., GuaJdian
is directed to execute and deliver unto Earl Smith a deed for the real estate I
described as follows for the sum of Two Thousand ($2,000.00) Dollars:
ALL those two certain lots of ground situate in the Seventh
Ward of the City of Washington, in Washington County, State of
Pennsylvania, bounded and described as follows: Being lots
numbered one (l) and two (2) in block ten (10) in the plan of
lots laid out by Brown and Slater, called "Reason's Choice",
recorded in Plan Book 2, page 14, records of Washington County,
Pennsylvania. Said lots are bounded on the Southwest by Bruce
Avenue, on the Northwest by Glenn Street, on the Northeast by an
alley and on the Southeast by Lot No. 3 of said block in said plan.
Each of said lots fronting forty (40) feet on Bruce Avenue (or
street), and extending back therefrom in a northeasterly direction
of even width a distance of one hundred fifty (150) feet to said
alley.
The Court approves the sale being of the opinion that it is fair and
proper and adequate consideration for the incompetent's interest under all the
circumstances and evidence.
BY TljE COURT,
Judicial 857 (Pennsylvania-Guardian) (5-55)
Division, Court of Commonpleaa
IN THE Orphans 1 I.Ci.o.liit>ii/):1. COURT OF Washington COUNTY,
STATE OF PENNSYLVANIA
NO. '714 of 19'71
In the Matter of the Estate of
Mary c. Smith BOND OF GUARDIAN
an
incompetent
KNOW ALL MEN BY THESE PRESENTS: That we, David L. Gilmore
as Principal ,
and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation under the laws
of the State of :Maryland, of Baltimore, :Maryland,•having an office and usual place of business at
< Pittsburgh, Pa. · , State of Pennsylvania, as Surety, are held and
firmly bound unto the Commonwealth of Pennsylvania, its certain attorneys or assigns, in the sum of
Twenty 1<'1 ve Hundred Dollars ($ 2500.00 ),
lawful money of the United States of America, for which payment, well and truly to be made, we bind
ourselves, our and each of our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
SEALED with our seals and dated this 20th. day of November
WHEREAS the above bounden ])avid L. Gilmore
decree of the Orphans r Court of Washington
has been appointed Guardian of the Estate of Mary C. Smith
an incompetent
' 19.'72.
has by order and
County, Pennsylvania,
·NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above
bounden David L. Gilmore Guardian of Mary c. Smith
a n incompetent , shall at the termination of his guardianship and at
any other time when required by Court, render a just and true account of the management of the property
and estate of said Mary C • Smith
under h 1 a care and shall also deliver up the said property agreeably to the order and decree of the said
Court or the direction of law; and shall well and truly administer, according to law, the estate of said
Mary C. Smith · · , then the above
obligation shall be void, otherwise it shall be and remain in full force and virtue.
Sealed and delivered in the
presence of: · fJ.Q; v.:fb ................. .
UNITED STATES FIDELITY AND GUARANTY COMPANY
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No. Term, 19
Court
County
State of Pennsylvania
In the Matter of the Estate of
a
BOND OF GUARDIAN
Surety:
UNITED STATES FIDELITY AND
GUARANTY COMPANY
Home Office-Baltimore 3, Maryland
And now to wit, , 19 ,
the within bond presented "'in open Court,
approved, an~r.thlred to bri.ed.~.~
P..m7-l
Cf;GJC :::r:-01
Filed
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IN THE COURT OF COMNON PLEAS
OF WASHINGTON COUNTY, PENNA.
IN RE: Estate of
MARY C. SHITH,
an incompetent,
Deceased .
RULE TO SHOW CAUSE
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DAVID L. GILMORE, ESQUIRE
50 WEST WHEELING STREET
WASHINGTON, PENNSYLVANIA
15301
.¥
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IN THE COURT OF C0M}10N PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: Estate of )
:
MARY C. SMITH, ) No. 714 of 1971
:
an Incompetent, )
:
Deceased, )
RULE TO SHOW CAUSE
AND NOW, this ~ day of ~~ , 1978,
upon consideration of the Petition filed in the above captioned
case by David L. Gilmore, Guardian. Harry R. Mossburg,, Sr. is
hereby directed to show cause, if any,he might have, why the
Petitioner should not be allowed to collect the assets, pay the
bills and disburse the funds as prayed for in the Petition.
Said Rule shall be returnable on the ~ day of
1978, in Courtroon No. 2. ItA--;:/['_/.;n
BY THE COURT:
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IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY, PENNA.
No. 714 of 1971
IN RE: Estate of
MARY C. SMITH,
an incompetent,
Deceased.
ORDER AND PETITION
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DAVID L. GILNQRE, ESQUIRE ·-'
50 WEST WHEELING STREET
WASHINGTON, PENNSYLVANIA
15301
!J if-· '!77-~
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: Estate of )
:
MARY C. SMITH, ) No. 714 of 1971
:
an Incompetent, )
:
Deceased, )
PETITION FOR APPROVAL OF ACCOUNT
OF GUARDIAN AND PETITION FOR SETTLEMENT OF ESTATE
UNDER SECTION 3102 OF THE PROBATE ESTATE
AND FIDUCIARY CODE
TO THE HONORABLE JUDGE OF SAID COURT:
The Petition of David L. Gilmore, Esquire, Guardian,
respectfully represents:
1. That your Petitioner, David L. Gilmore, Esquire
was appointed Guardian in the above captioned matter, November 2,
1972, a copy of said Order is attached hereto and maked as Exhibit
"A".
2. That pursuant to said appointment your Petitioner
conveyed real property of the incompetent and received the net
sum ther.efore,_of $2,000.00.
3. That your Petitioner deposited said money in a Savings
Account at Mellon National Bank & Trust Company. A copy of which
is attached hereto and marked as Exhibit "B".
4. That~will appear by reference to the account of
your Petitioner attached hereto and marked as Exhibit "C", your
Petitioner received no claims and disbursed only the sums as shown
on the account for Guardian Fees and Bond Expenses.
5. That the above stated incompetent died December
11, 1977, a patient at Somerset State Hospital, Somerset, Pennsyl-
vania.
6. That the sole heir at law of the deceased is Harry
R. Mossburg, Sr. a brother of the deceased, whose residence is
933 Bruce Street, Washington, Washington County, Pennsylvania.
7. That no other person has been appointed personal
representative or otherwise filed any proceedings in regard to the
death of Mary C. Smith.
8. The deceased died owning no real estate and only
those assets as stated hereinafter in addition to the funds being
held by your Petitioner.
9. As will appear by reference to the letter attached
hereto and marked as Exhibit "D", the deceased had a net account
balance at Somerset State Hospital at the time of her death of
$1,838.60.
10. The claims against the estate are as follows:
Stewart F. Barnhill Funeral Home
S. Hhite & Sons. . . . . . . . . .
David L. Gilmore, Esquire -Attorney's
Register of ~Vills . . . . . . . . . .
Fees.
Total
.$ 889.35
325.05
250.00
8.50
$1,472.90
WHEREFORE, your Petitioner prays your Honorable Court
(a) Accept the account of the Guardian and discharge
him from any further liability subject to disbursing the funds as
hereinafter provided;
(b) Direct the Guardian Ad Litem to act as personal
representative pursuant to this Petition and collect the assets
at Somerset State Hospital in addition to the funds already in
your Petitioner's possession and to pay the bills, pay the in-
heritance taxes due, if any, and disburse the funds to the sole
heir at law; as stated herein.
IN THE COURT OF COMMON PLEAS OF \\ ASHINGTON COUNTY, PENNA.
IN RE:
ESTATE OF
MARY C. SMITH,
an incompetent.
ORPHANS' COURT DIVISION
)
)
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0 R 0 E R
No. 714 of 1B71
AND NO"W, this ~nd day of Now:mber, 197.::, the guardian, Harry
Mossburg having appeared before the undt:rdgned 'vith his counsel, John
_Solomon, Esquire, and on motion of counsel for the: guardian that be be
relieved of any responsibility in connection '-vith his duties, and it applaring
to tile Court that this guardian has not h<:.retofor\:.~ p,_:rformed duties on b(·ha f
of M.ary C. Smith, motion for discharge is her:.. by granted. And tlH. Court
appoints in his ~tcad David L. Gitmore, Esquire, guardian of the c:statc:: of
Mary C. Smith, an incompetent.
, The said Guardian is dirt::cted to file an inventory in accordance
'Vith the provisions of Section 402 of th*'; Incompetents' Estatls Act of Hi55,
as amend0d.
The said Guardian shall file: bond '.vith sufficic:nt surety in th._ sum of
$2500.00 (T·.•:enty-Fiv(:; Hundred Dollars), upon completion of sale.
EXHIBIT "A"
By the Court,
J s1-TI1 .o.rn~..s _J). _Gl_~d d_t:__n~--_
Specially Prt::si.~ing
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT .. DIVISION
IN RE: Estate of )
YlARY C. SMITH, ) No. 714 of 1971 .
an Incompetent, )
Deceased, )
FIRST AND FINAL ACCOUNT OF
DAVID L. GIL1'10RE, ESQUIRE, GUARDIAN
:MAY 17, 1978
ASSETS
Mellon National Bank & Trusi Company
Proceeds for Sale of Real Property
Interest received from November 24,
1972 through May 17, 1978 ..... .
LIABILITIES
F.J. Buckley Agency -Guardian Bonds ..
David L. Gilmore, Esquire-Guardian Fees
NET BALANCE FOR DISTRIBUTION
EXHIBIT "B"
Total
Total
.$2,000.00
540.87
$2,540.87
$115.00
100.00
-s-2~00
.$2,325.87
..
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EXHIBIT."B"
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS I COURT.,DIVISION
IN RE: Estate of )
MARY C. SMITH, ) No. 714 of 1971
:
an Incompetent, )
:
Deceased, )
FIRST AND FINAL ACCOUNT OF
DAVID L. GILHORE, ESQUIRE, GUARDIAN
MAY 17, 1978
ASSETS
Mellon National Bank & Trust Company
Proceeds for Sale of Real Property
Interest received from November 24,
1972 through May 17, 1978 ..... .
LIABILITIES
F.J. Buckley Agency -Guardian Bonds ..
D~id L. Gilmore, Esquire-Guardian Fees
NET BALANCE FOR DISTRIBUTION
EXHIBIT "C"
Total
Total
.$2,000.00
540.87
$2,540.87
$115.00
100.00
~rrs.oo
.$2,325.87
r --
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COMMONWEALTH dF PENNSYLVANIA
DEPARTMENT OF PUBLIC WELFARE
SOMERSET STATE HOSPITAL
P. 0. Box 631
Somerset, Pennsylvania 15501
December 12, 1977 Telephone
Area Code 814,445-6501
Hr. Harry R. Mossburg
933 Bruce Street
'\tlashington, Pennsylvania 15301
Dear Mr. Hossburg:
I wish to extend my sympathy to you on the passing of your sister,
Mary Smith.
Below, I have listed the total balance of assets which have accumulated
in Mary's Guardian account from monthly Social Security benefits. As
institutional Guardian Officer for Mary, I had also accumulated billings
fr~~ our Revenue Agent for Mary's care and maintenance at Somerset State
Hospital. These billings have not yet been paid because of a restricting
court order directing Guardian Officers to hold all billings until the
Court can set up specific guidelines for this newly-created office.
In the event of the death of a patient for whom I am Guardian, the
Court has permitted me to release payment to an estate if I receive a
court order, Letters of Administration, Letters Testamentary, a "Short
Certificate", or other proof vlhich would establish a legally-appointed
representative for the estate.
$ 4,626.54
1,068.69
$ 5,695.23
$ 2,872.98
983.65
$ 3,856.63
Jl..SSETS
Conserved funds--Social Security Benefits
"Vecchione Refund:, currently in litigation
Total Assets
LIABILITIES
Billings for ca.re & maintenance from the Commonwealth
of Pennsylvania for the period April 5, 1975 -Dec. 10, 1977
Bq.lings against the "Vecchione Refund!
Total Liabilities
EXHIBIT "D"
$ 5,695.23 +
3,856.63 -
$ 1,838.60
Assets
Liabilities
&.lance
... .... .,.,.,._
2.
In the settlement of an estate, according to the Stipulation governing
disbursement of funds by this office, all funeral expenses and administrative
costs in the settlement shall be paid from the estate, followed by the
State's encumbrance on the account. In the event the estate is not suf-
ficient to cover the entire liability (Commonwealth billing), the legal
representative is not responsible to make up the difference.
I will take no further action on this account until I receive further
instructions from you regarding the above-mentioned document needed. If
you have any questions regarding this matter, please call me at
(814) 445-6501, Ext. 425. I have attached an extra copy for presentation
in the process of settlement of the estate.
clh
cc: Mrs. Reese
Very truly yours,
(/, ~~ / _j }II/.-;;.-, 1./U'·\._, '. . ,/t_~_L.'-,,j.,_!
(Hrs.) Caro1 L. Habets
Guardian Officer
Somerset State Hospital
. ..
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF WASHINGTON )
SS:
Before me, the undersigned authority, personally appear-
ed DAVID L. GILMORE, ESQUIRE, who according to law deposes and
says that the facts set forth in the foregoing Petition are
true and correct to the best of his knowledge, inf mation and
belief.
Sworn to and subscribed
before me this~aC day
of ~ , 1978.
/~~ ~USAN l. FIIZZOIARJ, Notary Public· ·
Washington County, Pennsylvania
My Commission Expires: My Commission Expires September 22, JSSO
.'
. . . .
----------------------------------,-------.---
( 1
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: Estate of )
MARY C. SMITH, No. 714 of 1971
an Incompetent, )
Deceased,
0 R D E R
AND NOW this 5" day of d.._.__ , 1978, upon
consideration of the Account filed in the above captioned case,
David L. Gilmore, Esquire, Guardian Ad Litem, is hereby discharged
from any further duties in regard to the Account and the Accounting
rendered is hereby accepted.
BY THE COURT:
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IN THE· COURT OF CO~fr10N PLEAS
OF WASHINGTON COUNTY, PENNA.
No. 71L&. of 1 q71
IN RE: Estate of
:r.1ARY C. SHITH,
an incompetent,
Deceased.
AFFIDAVIT OF SERVICE
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DAVID L. GILMORE, ESQUIRE
50 WEST WHEELING STREET
WASHINGTON, PENNSYLVANIA
15301
'•
IN THE COURT OF COl~IDN PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: Estate of )
MARY C. SMITH, No. 714 of 1971
an incompetent, )
Deceased,
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
SS•:
COUNTY OF WASHINGTON )
Before me, the undersigned authority, personally appear-
ed THOMAS R. RANKIN, who being duly sworn according to law deposes
and says that he did serve a copy of the Petition and Rule to
Show Cause in the above captioned case upon :Robert L. Mossburg,
an .adult memper,of the household of Harry R. Hossburg at 933 Bruce
Street, Washington, Washington County, Pennsylvania, on June 14,
1978.
Sworn to and subscribed
before me this ;~t;.( day
of_~ VI ' 1978.
~-
~£~~-Thomas R. Rankltl"
SUSAN. L nAZZOLARI, Notary Public-·
Washington County, Pennsylvania
My Comraission Expires: My Commission Expires September 22 1980
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IN THE COURT OF Cm1MON PLEAS
OF WASHINGTON COUNTY, PENNA.
ORPHANS' COURT DIVISION
No. 714 of 1971
IN RE: ESTATE OF
cy-.....
~~ ~~ ~
MARY C. SHITH,
AN INCOHPETENT,
Deceased,
FINAL DECREE
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DAVID L. GILMORE, ESQUIRE
50 WEST--WHEELING~STREET
WASHINGTON, PENNSYLVANIA
15301
JJ,L/-L/-11-11
..
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: Estate of )
:
MARY C. SMITH, ) No. 714 of 1971
:
an Incompetent, )
:
Deceased. )
FINAL DECREE
AND NOW, this S day of 1~ , 1978,
pursuant to a ~~e to Show Cause issued the date set for hearing
in the above captioned case, it appearing that no person or
having appeared, it is hereby ORDERED AND DECREED; David L.
Esquire, is hereby appointed to act as personal representative
in the above captioned estate and is directed to gather the assets
and make distribution as prayed for in the Petition.
BY THE COURT:
'* ,•
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IN THE COURT O:F COMMON PL~AS;OF VvASHINGTON COUNTY,· PENN
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·oRPHANS' COURT DIVISICN ..
IN RE: I . )
) -,-.,
ESTATE OF ) No,. 714 of 1971 .
..,.
)
MAR,Y C. SMITH, )
)
an incompetent. )
HEARING ON PETITION FOR PRIVATE 'sALE OF.REAL ESTATE
BEFORE:
·'·
APPEARANCES:
'§ '· . ~ ,, .. -j
THE HONORABLE THOMAS J?·.GLAI;:>DE,N,, .J
Sp'ecially Presiding. ,',; .. 1 • ,._ .. ,· •
l . '"'· .. f t • .i .
~· ~ ·~ -~.
SANFORD S. FINJ=;>.ER, ESQ., of ·washingtrn~;
Pa., representing the Petitioner .
JOHN SOLOMON, ESQ., of ·washington, Pa.,
representing the guardian, Harry Moss'burg:
5 TIME: Thursday, November 2,· 1972, at 2:00 o'clock
,A. M . u
.J <
u ii: 11. 0 . THE COURT: It appears from the file in the estate of Mary
14 • .. •
C. Smith a Petition for Appointment of Guardian and Leave to . . ~ '
sell was filed by Earl J. Smith. And the record discloses that on
October 5, 1971, the Court,· through Judge Marino, adjudged
Mary C. Smith incompetent,. <~nd appointe'd Harry Mossburg guard n
of the estate of Mary C. Smith, an inco~petent. At that time it
J
,-------------,;,-----------;--,----------c-------------------~-----
·would appear from the record at least that no· sale was made of the
real estate that belonged 'to the incompetent, and I presume that
:~e are hepe today for that purpose_.
·MR. FINDER: Yes, Your Hortor. At this·· pa:r:ticular time,
it 'rvas decided: 'rve should first appoint the guardian and then make
arrangements for the sale.
<•
EARL J. SMITH IS DULY SwORN.
EXAMINATION OF MR. SMITH BY MR. FINDER:
Q Your nam~ is Earl Smith?
A That's right.
. '
Q And· you are. the former husband of ~ary ~. Smith?
A Yes.
Q When were you and Mary/Smith Jcliv,o:r.ced?
A 1952.
. ..
Q At the .time of your divorce, where 'rvas Mary ,at that point?
A Somerset.
Q Somerset State Hospital?
A Yes. ·.
'.
Q How long has she been in Somerset State Hospital?
A 2 3 1 /2 years .
Q So she 'rvent in some time in 194 9.
A Yes. The latter.·part of 149. . ·,
Q In 1947 were you the· sole owner' of a piece of real estate de~cribe
'
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____ ___:___ _____________ --~----
2
3
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in the pet ition,you c OJ1vey;ed that to you .and Mary as hu s b_and and
,.
~vif~, is· . .that corr'ect?
.. A Yes .
. ' Q And I believe att that time there 'vas a mortgage in favor Qf the Fi~ • . '
Federal Savings & Loan Association.
~ z < >
A Right.'
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(At this point in. the proceedings, Mr. SoloL8?n an_d~Mr ~ Mossbyrg
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enter chambers).
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~ :z: (/) < MR. FINDER:
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Do you have any objectio_~ to 'the s·~1e?: i ,':
:::
~ u MR. SOLOMON: No. I'd like to state sometQ.ing f<;>:r. the; record,
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Judge.
THE COURT:
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Do you 'Vant to interject "that? ·
" .. . .,
J: 1-,... MR. FINDER: I won't continue if they have an objection.
Ill
ui a: MR. SOLOMON: Mr •. Mossburg has no objections to the sale.,
bJ t-a: 0 II. bJ Is that right, Mr. Mossburg?
a:
t-a:
:J 0 MR. MOSSBURG: I don't care 'Vhat they do with it.
u
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u MR. SOLOMON:
. . The only thing. is, the petition alleges---!
ii:
II.
0 don't know if this is correct or not---that he was appointed guard' n
e for her. He doesn't 'vant to be guardian for her and he doesn't
• ..
. ' want to be in a position of approving this !Gn~ disappr.o:ii:ng of it.
Although he doesn't 'vant' to stand in_ the 'vay of the sale. He just· . .
doesn't 'vant to be involved in it. And that's his primary concern.·
I You don't 'vant .. to be· involved in it, right? ' .
4
M~. MOSSB tmG-~:: Right.
MR. SOLOMON: So if 'vve can take it from there arid accomplish
1Nhatever needs to be done, he has no objection.
MR. FINDER: As long as Harry understands all we can do is
get lihapproved and the money wUl end up at th.at state hospital.·~
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MR. SOLOMON:
• , .r;' r , ': ·,., ." 1 f
Mr. Mossburg doesn~t want anything out of it'.
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And he doesn't 'Vant anything from the property.
THE COURT: we have no'v on the record the guardianship
; o oj ·~ < _, I I
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established byCourt Order dated October 9. ,1971. .,
• •• ' ~ 4 ! , ...
MR. SOLOMON: · He'd like to be relieved of that responsibility.
He doesn't want to be in the position to be the one to sign the deed
or to do anything, and if the Court could substitute someone
else to do that, he'd be most happy not to render ·any objection to
the sale of the ·property or whatever needs to be done <;Wjth it.
-.He has some idea that if he 1s inv~lved iJ?-this, then there's going tc
be some personal responsibilityto himself. I've tried .to explain
it 'to him that I can't pass that point. I think whatever they want
tO aCCOmpliSh can be done," but he I p like to be left OUt Of it.
MR. FINDER: Let me ask Mr. Mossburg a question and.maylbe
we can solve this. Mr .. Mossburg,· do I understand you want to be
.relieved as guardian of the estate of---do you want not to be the
guardian. of Mary Smith?
.~
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No. MR. MOSSBURG:
NIR ::.FINDER: You are her only relation?
5
Q Y:"ou are the only bro.ther?
A .There ain't .no brothers .or sisters.
Q She has no children?
A No.
' •. Q Your mother and father are not living?
A No. -.•
Q. And you. ~re the only -living brother?
A Yes. I'm77. Iain'tgonnalivetoolong.
Q I beli~ve there "Vere no nieces or nephews, 'Ver'e tlEre'?
A Yes.
Q Are they your children, the nieces and nephews?
MR. SOLOMON: Does she have any nieces or. nephews?
A My brother's got a boy and my sister ·has got a boy and~ girl.
MR. SOLOMON: And you have .children.
A They have t'vo but they 'Von't do nothing for them.
Q You don't' object as th.e heir to the .Property being sold to Earl?
MR. SOLOMON: Do you object to Earl buying the property for
$2, 000?
A I don't care as long as he leaves me out.
MR. FINDER: If the Co.urb please, I 'N'OU1d suggest since. . . , ' , . .
Mr. Mossburg doesn't care to·be'guardian;·that,the.logical·solutioz ,,_
.... · l ,d. Ill' Jl •" .. !', . ..... . • ;
..... 1., ~~ \1 ' ·~: ~ .... ~ ·-·~, ' ···1 ,·• '1t ' • t • ~
is that 've substitute a member of the Bar in h¥; place as guardian
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' j• ; ~. to serve. And in the final Order we can direct the. money ~he rec eiv "'S I . ' ..
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be d.eposited in a savings account and held pending her death.·
THE: COURT: Well, 'I am 'Villing _to do that, ~r. Finder ..
The only problem I see there is that the guardi~n 'Ve_ appoint to
'
• repr es e'nt this estate might .wish to be ·heard ori;this petition. . ' . , <· -' .
MR. FINDER:
.. ,.,
I don't""think there's ·any pt.oble.mAf the Court ' ' ;' ' '· '" \ '
h a·s approved the proposed sale.
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(:At rtne(direc'tion of the Court. off-the-record discussion 'Vas 'not recorded
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by the stenographer). ; r I ' . ' ' ,J
MR. SOLOMON: Mr. Mossburg 'vants to cooperate any 'Vay.
He just doesn't 'vant anything to do 'Vith the proceedings and he's n t
objecting to the proceedings. Is that correct? You're not obj ectin
to "vhatever is done here.
MR. MOSSBURG: No.
MR. SOL.OMON: .. You just don't want to be· the one to do it.
MR. MOSSBURG: Give it away; I don't 'Vanta dime out of it.
I won't do nothing to stop the sale.
MR. SOLOMON: That's fair enough.·
THE COURT: .. Go ahead with your testimony.
MR. FINDER: That's ·all I have .
. MR. SOLOMON: Is that all you need from us? Mr. Moss burg
is making a motion now to be removed and relieved of his duties
as guardian of this estate and he is rendering no objection to the
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private sale of it. However. that qeterm ines to be. .
THE COURT: We '¥ill enter an appropriate order and
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substitute ar appropriate. guardiap;in his stead ~y or.der.
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(Continued Examination of Mr. Smith by lVir. Finder):., •.
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Q Mr. Smith. you continued to pay on the mortgage' after·· the divo'rce
from your wife.
A Yes. The· mortgage. I believe, for the record was s.atisfied on
April 2. 1955.
Q And at the' time the mortgage was, purchased, it was a one-story
frame dwelling.
A Yes.
Q Sine e your divorce. have you put improvements in this 'house?'
A Yes, a little.
Q ·what is yo~r value of the house? How much do you think the house
is '¥orth?
A $4,000.
Q Are you willing to pay to the guardian of your former wife's estat,e
the sum of $2,000 to purchase?
A Yes.
Q Who has maintained the property and kept ·all t~e taxes up on it?
A ·ldid.
Q That's all I have.
I
-------~------;r----------------------~------~--------------------------------~----1 (
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Mr •. ;'s~ith, you talked about a rrior:tage on the' ·-~
property. What 'Vas the value of that :nortgage_?
·< z <· ~
MR. FINDER:· · · I ·have .if' here.
THE'COURT: Or the amount' of the mortgage.
'
MR. FINDER: It was $2250. 00, Your Honor, and was placed·
on the p~operty September of 1943. That's of re~ord in Mortgage . ( >-Ul z z 1&1 II.
Book Volume 290, Page 573.
g THE COURT:
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Sine e the confinement of Mrs. Smith tot the
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institution, · ha~·e you paid the .taxes?
3: MR S·MI'TH· Tr,,.-· . ..: • t • -'·:t '-, ~ •
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In THE COURT:
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~THE COURT: .... " N
Yes.
On the entire property?
I did.
And you have maintained it and she's not made
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a.ny contribution to,vards the maintenance of this house from that
1-a: 0 II. 1&1
period of her confinement' 23 1/2 years agib, is· that correct?
a:
~ MR. SMITH:
;)
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~THE COURT:
0
Yes ..
We, will c)oi?e·the testimony on this. We wi#ll ·
I ... ·' , . # i:i: 11. 0 confirm the sale to Ear:l Srriith, ~qq we. '~,ill·,draw, an';order vaca,tin!
' J ,I: ,/ { ,i. '1 • ~-:· ~ I ,. ' \ I . . ' I
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the appointment of Harry Mossburg and appointing in his place ·
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(Proc e_edings Closed).': . .-(·' ·· . I ,.. r
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I hereby certify that the proceedings and evidence a:r.e contained ' .. ~ l . f J
fully and accurately in the notes taken' by me on ·the hearing of the above
z ~ cause, and th~t this copy is a correct transcript of the same .
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The foregoing record of the proceedin_gs upon the hearing of the
above cause is hereby approved and directed to be filed.
By the Court,
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: Estate of ) ~
)
MARY C. SMITH, ) NO. of 1971
)
an alleged incompetent. )
A .F F I D A V I T
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF SOMERSET
) ss.
)
Before me, the undersigned authority, personally appeared Arthur
~E~-~o~r~l.idg~e~,~My·~D~------------' who is a duly licensed physician in the Common-
wealth of Pennsylvania; and hereby certified that Mary·C~ Smith is confined to
Somerset State Hospital and has been so confined continuously since 12/14/1950
_______________ ___.; and he further states that her condition is such that she is
unable to properly manage her own affairs and is liable to become the victim
of designing persons and that it would not be to her best interests to appear
in Court.
Sworn-to and subscribed
before me this 11~ day
0 f _ ___..5_" "'-~fr-' --' 1971.
-l I ' M~ Commission Expires:
a-
:1AMES M. BAILEY, Notary Publf12 _
Soll!-l>tset, Somerset Co,, p11,. ,
My 'Commisslon Expires July I, 197'l
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. IN THE COURT OF _COMMON PLEAS OF WASHINGTON COUNTY, PENNA
. . .. .ORPHANS' COURT DIVISION
IN RE:
-ESTATE OF
..
MARYC. SMITH,
~ ·ari alleged ·incompetent. z <( > ..I >-Ill
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No. 714 of 1971
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HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN
D.
z ~ ~ BEFORE:
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~-APPEARANCES:
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at this time.-
,;, MR. FINDER: <(
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THE HONORABLE P. VINCENT MARINO,
Judge of the said Court.
SANFORD S. FINDER, ESQ., of W:ashington,
-:fa., representing the Petitioner.
·;
Monday, August 30,' 1971, at 11:00 o'clock
A. M., -EDST.
.
Mr. Finder, wehave the Smith incompetency
~
Yes, Your Honor. If the Courtt:pl-ea:~, in this
ii: II. 0 instance we have filed the Petition, the SLieriff's Return to be filed
with the papers showing service upon Mary Smith at the ~omerset
. State Hospital. We sent a notice to Mr. Ha~ry Mossburg, her brothetr, ·
on July 13, 1971 by certified mail. I do not see the return receipt
but wehave the copy of the letter and the receipt for certified mail.
Mr. Smith is in Court and will testify if it is necessary that his ex-VI ife
-Mrs. Srrith has been confined to the State Hospital b:y reason of her
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. mental condition since September of 1950. . .
THE COURT: All right. Your service having complied with
the Court's .Interlocutory Order, the Affidavit of Sergice will be ordEred
I
··_ filed and rqade p~rt of the record. Do you want to call your witness?
. Mr. Finder, prior to hearing this witness, doyou have an Affidavit
bJ~: the attending physician·at the institution as to this alleged incomp tent's
condition.? n
MR. EINDER! .. We wrote to him. and we have not heard yet,
Your Honor. And I wasn't around for the last two weeks to make sur~
· it came and we are checking on it this morning, and I would like per
miss ion to file it at a later date. .
THE COURT:· Yes. Of course; this witness will be heard, ..
subject to that eventuality.
EARL J. SMITH IS CALLED AND SWORN.
EXAMINATION BY MR. FINDER:
Q Will you tell us your narr.re?
A Earl J. Smith.
,.
·Q And Mary Smith; the alleged incompetent, was what relation to you·
.-;
formerly?
A My wife.
Q Where is she presently confip.ed/? ...
A -Somerset Stat:e HospitaL
. Q When did you obtain your divorce from Mary Smi.th?
.·
A 1950.
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Q_ How long has M~ry Smith be_en at the Somerset State Hospital?
.-
A>' 28·years, · somet_hing like that.._:
Q · When did she first go into the hospital,· w~at year? ..
Q The Petition s.tates about Septemberof 195.0 she was confined.
A Yes.
::!: z < ~ Q -Will you tell the Court what the condition was then that caused her to
)o
Ul z ~ be confined ?
D.
z e A., __ Well, she was out .of her mind.
C) z x -~ Q ,. What was she doip.g?
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Due to syphilis. ·. · "'··
Has she been constantly in the in~qtution?
Yes.
1-~ Q· Has she ever been r·eleased to' your knowledge?
Ul
II: . ~ A a: 0 D. ~ Q ... a: :J 0 u
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Q
A
.Q
At the time of your m_arriage did .you own real estate situate in the
Seventh Ward of the City of Washington?
I did.
Andwill you tell the Court what that consisted of?
Five room house and two lots.
. ' And that is located on Bruce Street? ..
A 990 Bruce Street.
Q And there has been no partition of this property?
A No.
3
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:Q , From yo~r knowledge does Mary Smith have any other assets other
' .
than her interest in this piece of real estate?
.·
·A No.
Q Is therE: ·any mortgage on this property at the· time that she was confir~d?
A Yes, at the' tirpe she was confined.
Q Have you paid that mortgage off?
:;!. z ~ A : . It's· all paid· off .
..l. >-Ul ~ Q Ho\Y' much was the. ~mount of that.' mortgage?
Ill ' II.'
·Around. $1200.00.
-Have .you lived in this property ever· since her ·confinerr. ent?
'·
Yes-.
From what you know of .the situation, is she able to handle her own
r, • "'!
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0 affairs and m?-n~ge property-at all?
:I .,
:r A 1-..... No.
(II
ai a: Q Ill .. When was the last time you saw her?
a: 0 II. A Ill
0: Well, I haven't saw her for 20 years, I gu~ss. · .. 0: :I Q 0 0
Was she capable at the last time you sa,w her of handling her affairs?
.J < u A-
ii: No: .\
1&. : 0
.Q What relations does she have?
A ·One_ brother.
Q What is his name?
A Harry M?ssburg.
Q He lives at 930 Bruce Street""?
A Yes.
6
THE COURT: Was he. served, Mr. Finder?
. ·.
·MR. ·FINDER:. .· Yes, Your Ho~or. We sent him a letter by
certified mail. And we .w.ill file the return receipt card with the
-, . t '
Affidavtt from the institution. That's all the questions I have of
e Mr. ·s~ith. . '
THE COURT: That will be all, sir.
:!: Z·
<t MR. FINDER: 1 will file that Affidavit as··soon as we receiv
> .J > Ill z z it from ·the hospital:
Ill a.
i 0 THE COURT: Very well. ...
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3:: (Proceedings Closed). ..
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ui a:· Ill ; I hereby certify that the proceedings and evidence are contained full·
1-a: 0 a. Ill and accurately in·the notes taken by me on the hearing of the above·.cause,
a: . ... a: ::J 0 and that this copy is a correct tran
u ....
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e The foregoing ·record of the proceedings 'upon the hearing of the abov
cause is hereby approved and ·directed· t.o be filed.
I
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, -IN THE .. cou f\T OF coMMON·P~EAs ·qF w·ASHINGTON couNTY,· PENNA.
• • ' -Ito •• ' ~
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.. · :OI:iPHAN$' COU R.T "biVISION
.... ··: . .
.IN RE:
..
ESTATE. OF . . ....... ...
MARY C. Sl\IUTH; ' .
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. ::-<·:·'; AND NOW~· Oc'ioher· 5·· ··;, 1971: -~~oh con~·lder:~tion o{the.anneX:~d "; .• ; .. ,
• • ~ :... • ~ ~ -1 .. : .! "'" ~ ~, :-It" .. ;' -f ... "'!., ,. • •. : ... ,_ ~--._!;1_, ' ·-~ ·, ... :. __ .,_ ...,,.,..·..,.. __ ~ ...... , .. __ .. _
. l, ' • ' -'··.t' ... _ ~ •' . ~ .J(. "'. --:p_e~iHon and after a· hear.ing_held f?llowing·due notice, ~'it _,is OltDEREQ.-A'~D-~ -~
:~<·\. .t . -· ~ • "' ~·· ·"~~····· -~:.. .._r··:· . ~ ... ..; .~ .: -~ ·''
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· DECREED that':.·.: -· J.,, • · . , •• • ~ ~ ·• •. _. ... ; •• :;;-; # .; .\. ~ ~~
.. ·. 'r~:·)viARY: C~.---S~l'l'H ·is ~dj~~dged an-incompetent~--,. • .·, ·~ _,.
... 1: ., ;! : ; •: . -· ' .. .:. . ' . . : , ' . , -; I . : . > , • ' . . .· '
·./: -Harry Mosstiurg is appointed Guardian of the· Estat~ of MAR~ G. ·sM.xT·~.,
~ . -. ' ,. .. ' ~ . ~ . .... ~ ' ....... s.i . ."'_.. . . ~ ~'. -. ·: -~:
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ati:.irl;COmpetent. ·--" . ,. ~~· .. :. . ,. " •' • -;, ~~ ;~--.... ! ~ ~ .... ~ -~fl ~· t foj~ ,-_,:~·~:+ .. .''''~;.~~: ~~ • .~ .'~ • ··-' I ,•. :~_;-:..--~:;~·1,>~-~~ ... :, •. ~~.-~i·
· · -~ ,.. ::'_;; i-}~,. · ~' ~-~-:The s~id G~ardian is dir~-cted_ tb file an· inventory in acc.oraa:nce ~i~h-~the·
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~-·· ~~· ~-~:. ; ·~.; ~·p~ovisions of Section 402 of the Incompetents'. Estates. Act of. f95S, as;'a~eh~e.d.~.-
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