HomeMy WebLinkAboutOC1971-0848 - ESTATE OF COURTNEYIN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN THE MATTER OF THE
MARRIAGE LICENSES OF
ROBERT COURTNEY AND
FANNY SMITH.
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No.i848 of 1971
BEFORE:
APPEARANCES:
TIME:
HEARING ON APPEAL
rr:HE HONORABLE P.VINCENT MARINO,
Judge of the said Court.
PAUL N.BARNA,JR.,ESQUIRE,of Donora,
Pa.,representing the Appellants.
Monday,August 16,1971,at 2:00 o'clock
P.M.,EDST.
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FANNY SMITH
WITNESS__~",n~'_
SARA SMITH
~ROBERT LARRY COUR TNEY
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MR.BARNA:Your Honor,this is the date and time set
for a hearing in the matter of the marriage license of
Robert Courtney and Fanny Smith.It is my understanding
that Fanny Smith is under the age of 16 and that Court app oval
he set this for the date of the hearing.
of this marriage is necessary.I also understand that th
but apparently while Your Honor was on vacation the fathe
of the femal~minor raised objections to JUdge Sweet.And
The male applicant is Ib and he is in Court
And have his parents given conrent?
Yes,they have.
The Court directed a":letter to the male
How about the male applicant?
couple went to obtain a marriage license,the minors.
The female minor's mother gave her consent to the marriag
THE COURT:
MR .BARNA:
here.
THE COURT:
MR .BARNA:
THE COURT:
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iii~applicant and sent a letter,a copy of the letter to the
a::o~female applicant as well.And we suggested that notice be«
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§given to the parents of the female applicant.Was that do e?ou
~MR.BARNA:Yes,Your Honor.The male applicant came toi3ii:~see me,I think Friday the 13th.And we prepared a notice
that is attached to this Affidavit of Service and service
was made upon William R.Smith and Sara Smith,the parent
by personal service of Christopher T.Mantas,Constable of I:unlevy.
He served Mrs.Smith at their residence at 806 Chess Stre t
and the father,William Smith at the Castner School in
Donora.William Smith is employed by the Ringgold School
----------.--------.,
District.
THE COURT:
MR.BARNA:
You may call your witnesses.
I might add,Your Honor,just for the record
William Smith was on the third floor of the Courthouse he e
at approximately quarter to two,and I discussed this mat er
with him and he stated that he didn't want any part of it
and that he would not appear in Court.I think Mr.Zerman ,
the tipstaff heard him also.
THE COURT:
Smith.
MR.BARNA:
THE COURT:
That is William Smith,the father of Fanny
Yes,Your Honor.
And do I understand correctly that he was in
the Courthouse a few moments ago and spoke with you?
MR.BARNA:
THE COURT:
MR.BARNA:
He spoke to both myself and Mr.Zermani.
And expressed h is desires to wha t effect?
That he didn't want any part of this;that
he was objecting to the marriage,but he d id not want to ~ppear
in Court.
THE COURT:
MR.BARNA:
Very well.You may call your witnesses.
Mrs.Sara Smith.
SARA SMITH IS CALLED AND SWORN.
DIRECT EXAMINATION BY MR.BARNA:
Q What is your name please?
A Sara Smith.
Q Where do you live,Mrs.Smith?
Sara Smith 5
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806 Chess Street,Monongahela.
Are you the mother of Fanny Smith?
I am.
The applicant for a marriage license,who is in Court tod y.
Yes.
Who is your husband?
William R.Smith.
And you heard me report to the Cout that your husband
was in t he Courthouse just before thi shearing,is tha t
correct?
That's correct.
Are the facts that I reported to the Court true?
True.
Mrs.Smith,on July 30,1971,did you accompany your daug~ter
Fanny Smith and Robert Courtney to the Courthouse where
they applied for a marr.iage license?
Yes,I did.
And was Robert Courtney's father along also?
.Yes.
On the back of the marriage license,I have a copy,I thin
we can use the original.Can you identify this applicatio~~
as the application of this couple?
Yes.
THE COffiT:We can't hear you.
A Yes.That was the one I signed.
Q Is this signature on the back of it under the heading Con~ent
to the Marriage of a Child or Ward,Mrs.Sara Smith,is
.1-1.
Sara Smith
A Yes,it is.
'Q There is also a signature opposite of William L.Courtney
Is that the signature of William Courtney's father?
A Yes,it is.
Q And he gave his consent.
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Yes,he did.
Mrs,Smith,how old is your daughter?
She will be 16 in October.
Is that October 13,1971?
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~Q Was she born in 1955?;
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Yes.
Now she hasn't been previously married,has she?
No.
And do you know if she is afflicted with any disease?
She is not.'
enIE~Q NoW your maiden name was Bruce.
on.~A Right.
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5 Q And Mr.Smith's occupation is a maintenance worker foru...Q Ringgold School District.
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o A Yes.
Q
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You are a production worker for---
Cleveland Partition Company.
Q Is Cleveland Partition Company located in Donora,Pa.?
A Yes.
Q Is your daughter an imbecile,an epileptic of unsound min
or under the guardianship as a person of unsound mind or
under the influence of intoxicating liquor or narcotic dr g?
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Sara Smith
No.
Mrs.Smith,is your daughter presently pregnant?
Yes,she is.
Has she told you that the father of this child is Robert
Courtney?
Yes.
The male applicant~in this matter.
Yes.
Have both these young people told you that they love each
other and they want to get married?
Yes.
Was there any ilinfluence put on Robert Courtney to marry
your daughter or to apply for t his marriage?
No.
Was there any influence on your daughter that she has to
7
~get married?
III~~A No.ILIII0:~Q Then this is of their own free will,their choice?
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U~Q Under these circumstances,do you~eel that you have any
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objections to them getting married or are you in favor of this
marriage or what is your feeling?
A Myself?I think they should get married.I think Bob wou d
make a good husband for her and I'm pretty sure they are
going to have a good life.But it's my husband that makes
the objection,not me.
Sara Smith
Q Has Robert Courtney been attentive to your daughter since
she discovered she was pregnant?
A Yes,he has.He's taken her to the doctor's he's got her
medicine.He's been real nice to her.
Q Has he been concerned about her health?
A Yes.He calls her everyday to find out how she is.
Q Is she having a difficult time right now as far as keepin5
food down?
A Yes.She's sick all the time.
Q Do you feel that your daughter is mature enough to marry?
A I hope.I've talked to her.I thinkshe is,yes.
Q What grade did she go to in school?
A She would have been in lOth grade this year.She went to ,uhe
9th grade.
Q What type of a student was she?
A Average,I'd say;B's and CIS.
Q Do you feel tha t she is trained in being a wife and arnot l.er?
l ltd say so.
Q Has she taken care of the house at home well?
A Yes.And she's babysat for me while I work.She's w~tCfied
the other kids;she's cooked for them and washed clothes
and cleaned house.
Q How many other children do you rn.ve?
A Four.
Q What is the age of your youngest?
A He will be eight.He's 7 now.She's done this going on 3
years now.
Sara Smith
Q And when he was younger was she able to change the diaper~?
A Oh,yes.
Q Do you think she has the right mental attitude that she
could handle a marriage?
A I don't know.I hope so.I think so.I can't honestly sa
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yes.I think she does.
Well,you don't think that she is incapable of handling a mar-
riage?
Oh,no.
Your Honor,would you have any questions that you wish to
ask?
EXAMINATION BY TIm COURT:
Q Mrs.Smith,is this girl,your daughter Fanny,your oldes~
child?
A Yes,she is.
Q You have talked this matter over with your husband,haven t
you?
A Yes,I have.
Q I presume that you came to Court here this morning with h m.
A Yes.
Q Who drove the car?
A He did.
Q Where are you going to see him afwr this hearing,did he say?
A He said he was going downstairs to get a cup of coffee.
Sara Smith 10
Q M~~.Zermani,you call infue hall and see if Mr.William
Smith is back with us again.
MR.ZERMANI:I will page him,Your Honor.
Q Mrs.Smith,when is the baby due?
•A
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.The doctor said she was 2t months.
When was that?Two months in the beginning of August he
Your Honor,I am able to get him up here toI1R.ZERMANI:
Q All right.He can use his own discretion in that matter.
room .
way to the basement uP,but he will not come into the Court-
the door but he refuses to come in.He came from all the
husband,haven't you?
A Yes.
are living together,aren't you?
Mrs.Smith,you have talked this matter over with your
Q Where do you live?
A In Monongahela.
Q And.he drove the car here to Washington today with you?
A Yes.
~z told her that?~..I~A Yes.zz~Q Mrs.Smith,as I suggested formerly,you and your husband
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A Yes,I have.
Q What seems to be his objection to the marriage?
A Well,he doesn't think that Bob can support her.That's
the main thing.He doesn't think he's capable of supporting
a wife and family.
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Q How about the religious angle?Is there any conflict ther ?
Of-what religion are you and your husband?
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Protestant;so is Bob.He has no objections there.
No objection on'religious angles?
No.
He just thinks that Bob,that is Robert,the male applica t,
wouldn't be able to support his wife and children?
That's right.
What reason does he give for his idea that he wouldn't be
able to support him?
He says the boy,I don't know,I forget how he put it.
He looked at the boy's records 'in school and he says he 0 ly
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has the I.Q.of/second or third grader and he would never
be able to hold a pb good enough to support a wife and
family.
Hhat grade is the boy actually in,do pu knav?
He went to tenth grade,I'm told,but he was in special
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class.
So that is the main objection that your husband has.
Yes.
How do you feel about the matter of his being a ble to sup ort
your daughter and family?
Well,I think he will.I think he can do it.And if he
can't,like I told my daughter,she's capable of working.
If I can work,she can work.If they want to make a go of
it,they're both young enough that they could have a good
life.
Sara Smith
Q What does the boy Robert do now?
A He works for his father.They set up mobile homes.His
father has his own business.
Q Then I take it that the boy is out of school.
A Yes.
Q Dilid he graduate,do you know?
A No.He went to lOth grade.
12
Q And that's the only objection that your husband has voice?
A Yes.
MR.BARNA:There's a few other questions I'd like to
ask her,Your Honor,to help the Court.
CONTINUED EXAMINATION BY MR.BARNA:
Q Mrs.Smith,Robert,is he a-hard worker,do you know,
with his father?
A Yes,he is.
Q And how many hours a day does he work?
A His father told me sometimes they work as many as 16 hours
a day.
Q This boy:works with him?
A Yes,he does.
Q He sticks with him?
A Yes.
Q Have you also discussed this marriage with the boy's parelts?
A Yes,I have.
Q Just to interject here,the boy's father is presently in
.--------------;,.,------------------------------------------,-------,
Sara Smith 13
inthe hospital,isn't he?That he recently had a heart att,ck.
A Yes.
Q Are they willing to help this couple get started?
A Yes.
Q What are they willing to do?
A Yes.
A The father told me he's a very good worker.He said he's
Q Has the father indicated anything to you that he is eithe
additional work,he will get a part of that.
That's true.
That is the father?
bonus if the boy sells extra jobs?
He bought a house down on Main Street in Monongahela.He'
going to let them have half of it.
Yes.They are remodeling it and going to fix it up for thEm.
And the boy will remain working withLhis father and he
will pay him $2~OOJan hour plus his board and his room ane
board,his meals and everything •
And then isn't there also something that there will be a
satisfied or dissatisfied with the way that the boy works
A
a s~art boy.He said he can send him down to install hot
water tanks and everything.He can do it all by himself.
Q What they do is they repair trailers and work on these mo ile
homes,is that corect?That's their specialty.
A Yes.
Q
Q So he will be guaranteed $2.00 an hour,his room and boar ,
and then whatever extra he could pick up for selling
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Sara Smith
Q And they receive insurance company jobs when these mobile
homes are wrecked or damaged and they also set them up on
blocks.
A Yes.
14
THE COURT:How many other children does Mr.Courtney ha e?
Do you know,Mrs.Smith?
A No,I don't know.
THE COURT:Do you know,Mr.Barna?We will ask him.
He's going to take the stand.That's all the questions we
have of Mrs.Smith.
(Witness excused).
ROBERT COURTNEY.IS CALLED AND SWORN.
EXAMINATION BY MRf.BARNA:
Q What is your name?
A Robert Larry Courtney.
Q What is your address at home?
A 789 East Main.
Q Monongahela,Pa.?
A .Right.
Q And when were you born?
A 1953.
Q What is your birthdate?
A January 5.
QHave you been married before?
A No.
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Robert Courtney
A No.
15
A Right•
Q Do you drink?
A No,I don't.
Q Is your mother Florence Courtney?
•Q And your father,what's his first name?
:5 A William.
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Did he sign the Consent to Marriage~for you on your app1i ation?
Yes.
Robert,it's been brought out that you only went to the
tenth grade of school.Is that correct?
Yes.
Are you pre sently working with your father?
Yes.
iii~Q Did Mrs.Smith report to the Cour t correctly that your fat ler
It:o~promised to pay you $2.00 an hour as a minimum?
It:
I-~A Yes.oo
..Jo Q And that you would receive a commission on any extra work
ii:~that you obtained.
A
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Right
While on the job.And that you were to have your room and
board.
A Right.
Q That is if you married Fanny Smith.Is that correct?
A Right.
Robert Courtney 16
q Do you feel that you could support Fanny and your child w'th
this type of money?
A I do.
vvc;;uv.
Would this be five days a week,six days a week?
Most of the time six.For awhile we used to work seven.
And if they are wrecked,do you repair them,too?
Yes.
And that the lowest that you know of was $200.00 a week.
And this is a fairly thriving business he has then.
Yes.
Is that correct?
Yes.
Right.
What type of work dOGYou and your father do?
Repair traile~s.
Does that include replacing furnaces?
Everything but making them,building them.
Do you also set them on blocks when they move to a new pI ce?
Yes.
Now I think in my office you told me that sometimes your
father made $700.00 a week.
Right.
Do you and your father get along well?
T T "
.And connect them up,is that it?
Q Robert,what type of tours did you and your father put in
working before he hadms heart attack?
Between 12 and 16 a day.e A
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Q Is he satisfied with your work?
17
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Q Are there any younger than you?
Q Do you have any other brothers and sisters?
A I've got three brothers,three sisters.
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One.
Are all the othernolder than you and married?
Right.All but one,Kathleen.She ain't married.
Robert,I understand that you had some difficulties in
school.Is that correct?
Yes.
You weren't the best student?
NO,but I wasn't the slowest.
But you did finish the tenth grade?
Righ t •
What year did you quit school?How many years ago?
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g A Three.l-Ito~Q So thenyou were just behind one grade,is that it,when
~5 you quit.
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~A Right.ij
ii:~Q With the class that you started out,they just put you
back one;year,is that right,or held you back,excuse me
A Yes.
Q Do you want to marry Fanny Smith?
A Yes.
Q Are you in love with her?
A I am.
------H--------------------------+__I
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Robert Courtney
Q Are you willing to support her and take care of her as YOlr
father did with your mother and the way Mr.Smith has takEn
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care of Fanny and her mother up until this dispute right r ow?
Yes.
Have you seen how both men have taken care ?
I have.
Do you realize the responsibilities you have?
I do •
Do you feel that you are being forced into this marriage
just because Fanny is pregnant?
No.
Is this of your own desires?
Right.
Did anybody threaten you that you have to marry her?
No.
Did Mrs.Smith say anything to you that you had to marry
Fanny or that you should marry her?
No.We ta'lked to her abou t it.
Now do you think Fanny is old enough to be a wife to you
and realize the seriousness of entering into a marriage?
I do.
Can she cook and take care of a house?Have you noticed
that around her home?
Right.
How long have you known Fanny?
Better than five,six months.
Do you realize that a marriage is a very difficult relatipn-
Robert Courtney 19
ship to make work,and that there are many times you are
going to have to give in to preserve happiness,and th~m~ny
times that you may think that you have given in more than
what you should have,but that as one Army Chaplain I hea~d
say,marriage is a 50-50 proposition where each side gives
in 75%of the time.Do you understand what he meant by thl3.t?
A Yes.
Q Are you the father of this child?
A I am.
Q You have had relations with Fanny,have you?
A Right.
Q Would Your Honor care to ask the applicant any questions?
EXAMINATION BY THE COURT:
Q Mr.Courtney,ybu made the application for marriage on
the 30th of July of this year,did you not?
A Yes.
Q And your father,William L.Courtney,signed that applica~ion.
A Yes.
Q 'Did ha sign that here in the Courthouse?
A Yes.
Q When did he have his heart attack?
A Saturday,the 31st,between 4:30 and 5:00.Then he took
his second one between 9:15 and 9:45.
Q What hospital is he in?
Robert Courtney 20
A Charleroi-Monessen.
Q Who is the doctor?
A Dr.Young.
Q That has been 15 or 16 days ago.How is he getting along,
A He's all right.He's doing good.
No one.
No.
How old would your father be?
47 or 4~I think;close to it.
Who else in the family works for your father besides yourself?
Now these other brothers of yours 7 who are married,do thpy
also work for your father?
Well now,while your father has been in the hospital for
would you say?
A No,they've got that off.But they've got it beside him
the last time I was in there.
Q Does the doctor state how much longer he might have to stF'Y
in the hospital?
A Not that I know of.
MR.BARNA:Robert,he was in intestive care,wasn't he?
A Right.For two weeks.
MR •BARNA:He's now out of it.
A Yeah,he's in the room.
MR.BARNA:With the heart monitor?,
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more than two weeks,who is looking after this business?
A I am.
Q And do you have any additional help?
--------------
Robert Courtney 21
A My sister's husband whOllives in Donora,he came out and
helped me Sunday to dig one out of mud to be moved Wednes<ay.
But you have no other help now beS"ILdes vJhat you do?
Right.
Now haw are you going to ~arry on this business when your
father comes out of the hospital?He won't be able to do
hard physical work as I urrlerstand it,would he?
No.
That would just leave you again.
Yes.
Do you think you can carryon that work by yourself?
Yes,I have.
Essentially what do you do to these trailers,on the aver~ge?
Well,in the wintertime,like,you've got water leaks.
people go out,they would go out for awhile,maybe two
or three days somewhere.Well,the furnace would quit;
the furnace quit,the water line would freeze up.Then
you've got the furnace to chec~out and the water line to
repair.Then you all the time got to check them for---
lock them up and that because theY'!e sold everyday.And
theyThave to be put up and there's people moving all the
time.There's people that want porches,awnings over
the porches or they want a new room put on,or they want
like,say,take one kitchen out and put a new one in ther3,
like all the time.
Q You don't bring all these trailers to your place in order
to fix them?
Robert Courtney
A No.They stay right there like.
Q Do you have a place there where yo~would work on them
if somebody brought a trailer to your place?
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Do you have a place there?
We've got a garage up on a hill where we've had two or th~ee
campers.And the ones that are self-driving campers,
they brought u~and left there to be fixed.,The big ones,
nine times out of ten,if it's wrecked or that,they want
it locked up.You lock it up and they leave in there unti.L
we send an estimated bill in and get the insurance man
to come out and look at it and wait on an answer.MOBt of
the time it's just outside,like a tree would hit it or
some thing.
Should you marry,where do you intend to live?
In the same house as my mother and dad until he straighteps
up some where he can at least move around,go up and down
stairs by himself and that.In the mean time,I'm going tp
find my own place and fix it up.
Well,in the place where you are living now,is there roo~
I~~you and your wife?
Yes.
And you would stay there until your father did what?
Straightened up and get where he can move around.
Then you are going to look for a place of your own?
Right.
Where would that be?
Robert Courtney 23
A Around Mon City .or Donora,righ~around handy.
Q Miss Smith's mother stated,I believe,that your father
had a place that he was going to fix up for you.Is that
correct?
7(59 East Main.
There's three all together.One they~e staying in and
How many apartments?
Yes.
Is it occupied now?
Yes.
In Monongahela?
top,then the basement is an apartment by itself•
Where is it located?
It's all one big house like.There's two apartments on
Where is it at?
if you married,does that place belong to your father?
Yes.
Well,the place that he was thinking of fixing up for you
Yes.He said that we could have it.But myself,I think tlat
it would be better if we had our.own place by purselves IOke.
the empty one that's being repaired.The water lines and
ever~ing was busted and we got it all tore up putting nEW
lines in and everything.
Q Well,why do you think that that wouldn't be suitable for you
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A Myself,we both feel that we want to be out where we cou d
have a garden and -,someplace for the kids,for our kid whEn
Robert Courtney
he comes.Ane we feel we would do better after everything
is straightened up and we find a place right around close
to home like.
Q But you would prefer to live separate and apart from your
parents?
No.
Yes.
Yes.
Do you have any money saved up?
Do you have a bank account or anythin?;?1
Of course,you know that would cost more money.
say.
At least you didntt save any.
No.
You've been working regular~y for your father,haven't yo~?
Yes.
Not at the time.
How does it happen that you don't have any money saved up~
What did you do with the money?
Before I met Fanny,I used to throw it away,like they would
any money at all?
Do you mean that at the present time then you don't have
Did you ever have a bank account that you started?
I started a Christmas account and it went---like you woul~
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pay so much a week.You miss a week and it's over.well,
I had it for about two weeks and I missed going up one
week,so I just left it drop like.
Well,did you ever have a bank account in the bank where
Robert Courtney,
you would write checks?
A No.
..
25
Q Did you ever have a savings account at the bank where you put
your money in and draw interest?
A No,I haven't.
Q How do you know you can save any money?
A If I put my mind to it I could.
Q Well now,it has been testified here that your father wou d
pay you $2.00 an hour for work.Is that right?
A Right.
Q Well,how much did h~pay you in the past?Take this yea~,
since the beginning of the year,up to the time that he w~nt
into the hospital,JUly 30,how much were you getting for
your work?
A $1.50,$1.75.
Q And how often were you paid?
A Every·week.
Q Each week?
A Right.
Q Well,at the end of the week when you would draw your pay
at $1.50 or $1.75 an hour,how much would you generally
draw?
A It depended on how the week went.If we had a busy week
or if we had a slow week like.Like a slow week,I would
say roughly around $65.00,$70.00.A busy week,anywhere
between $95.00 and $100.00.
Q That's how much you would make.
A
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Right.
And that would be paid to you QY your father.
Right.
Did your father pay Social Security for you?
Yes.
Now from $65.Q9 up to $100.00 or $150.00 that you got
during all this time,you don't have any money saved up
at all today?
No,I don't.
But you think you can save in the future?
Right.
Do you have any insurance of any kind on your life,life
insurance policies?'
Yes.My mother got one.
How much?
I couldn't tellyou right off-hand.
Well,approx~mately would it be two or three thousand
dollars?
Something like that.
Did your mother ask you for money to pay the premiums on
that insurance when it would become due?
No.She told me when it came and I paid for it for myself
like.
Do you know who the agent was of that insurance?
No.She took care of that herself like.
Do you know who the companyvas that youvere insured with?
Not.off-hand I donlt.
.\
26
Robert Courtney
Q Do you know how much the premiums were that you paid when
they became due?Did you pay weekly,every other week,
monthly or twice a year?
27
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It would be four times a year.
Right.
Do you recall what you paid,approxim~tely?
Between $21.00 and $24.00.
How does your mother feel about your getting married?
She's for us.
Has your mother met Fanny Smith?
She has.
Have you had her to the house?
Yes.
How many times?
Numbers of times.
Well,would you estimate five or ten times?
Somewhere around there.
Do you have a car?
I had one until the motor wore out.
What kind of carewas it?
'59 Chevy.
And when the motor gave in,what did you do?
Parked it up beside the garage.
You haven't'had a car since?
No.
How long has that been since your car was laid up and
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wouldn't run anymore?
About three,four weeks •
Did you get an estimate from any repairman as to how much
it would cost to put the car in running shape?
It would run between $25.00 and $35 .00 for~the new motor
from a junk yard.
What else?
'That's it.I can put it in myself.
Why didn't you bUy the new motor?
I haven't made up my mind if I want to keep it or just
leave it go and pick up another one,a newer one.
So that car was in running shape up until three or four
weeks ago.
Right.
In running that car,did you carry insurance to protect
you in the case of accident?
Not on the car.
Did you ever have an accident where you had to pay for
anybody else's repairs or things of that nature?
No.
You never did?
Never.
How long have you been driving a car,since what age?
16.
You would find an automobile almost a necessity in your
work,wouldn't you?How would you get to these places
where they want the trailers repaired?
"Robert Courtnev
A With the company truck,dad's truck,the company truck,
whatever you want to call it.
29
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Who owns that truck?
Dad.
What kind of a truck is it?
'65 Chevy,three quarter ton pick-up.
And can you drive it?
I could.I do.And he's got two old trucks that's half
toncpick-ups.
Does he carry insurance on those trucks?
On the new ones,yes~The old ones,he just uses that for
around the garage like,to move blocks,tanks and stuff
like that.
Now again,who is living at home now besides yourself
and your mother?
My granddad is staying there.
Who else?
That's all besides my father.
Is your granddad your mother's father or your father's fa her?
My mother's.
What is his name?
Darlene Moores.
He would be too old to do any work,wouldn't he?
Right.He's going on 81 of 82.
Mr.Courtney,have you had any disputes,what you might
'call run-ins with Fanny's father?
A No,not myself.
,------------.-.-------------------_.----------------------------------,--------,
Robert Courtney
Q Does he dislike you or why does he make the statements th t
he does?
A I don't know.He never talked much.I tried to talk to hi1
once or twice;just couldn't talk to him.
He makes the statement that your mental capacities would
30
be limited like a per son of only one or two years'schooli g.
What would he make a statement like that for?
I don't know.
Why would he get the idea that you couldn't support his
daughter if you married her?
I don't know.
When you would go to visit Fanny at her home,would you
have any words with him?
No.Just spoke going by.Most of the time he was going
to Bingo or something or just going out.Some of the time
he was sitting there watching T.V.
Did he ever tell you that you couldn't visit the house ana
see his daughter?
Not till,lately,after we came over and tried to get
married the first time.
When was that,approximately?
The 31st.
How long ago?
Close to two or three weeks.
Well,you say the first time.Maybe you made more than--
We came over and signed for the application to be married~
That's what you call the first time?
Robert Courtney 31
A Yes.
Q Well,no other application has been signed since that,ha Ii
there?
.A No.
MR.BARNA:I think,Your Hono~,what he may mean by
the second time,you were over to see JUdge Sweet,weren'u
would he have been here to testify?
Last night.
Yes.
Did he still express a desire -that you might marry this
girl?
When is the last time that you spoke with him?
~
Did he know that this hearing was going to come on?
Q
A
A Yes.
A Yes.
Q
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Q And if it hadn't been for the fact that he was hospitalized
~you?
z0(~A Yes.>-01Z~MR.BARNA:Is that what you meant by the second time?
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the hospital?
A Yes.
Q Are all the members of the family in good relationships ~ith
each other?
Robert Courtney
A I would say so,
Q How long has your father been engaged in this type of work
that you spoke of?
A About ten,twelve years.
32
Q Where did he work before that?
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A He used to work for Easy Living up on 51.He used to move
the trailers.He used to take them out and ~rop them off.
Then he started to repair them and that and he went on his
own.
Q That's all the questions the Court has.
CONTINUED EXAMINATION BY MR.BARNA:
Q Robert,just a couple questions to clarify for the Court .
These first tvro :weeks of your father's heart attack you w~re
st the hospital a good bit with your mother.
A Right.
Q You were quite concerned about him and you weren't too
concerned about the business,is that right?
A No.
Q Now since he's out of the Intensive Care,you started to
spend your time towards the business now.
A Right.
Q And hare any of your brothers or brother-in-laws promised
to help you when you get in a jam?
A They said if I need help that they would give me a hand.
Q This is after they do their own work.
A Right.
Robert Courtney 33
I
Q This Easy Living,that you just mentioned to the JUdge,th~t's
a place where they sell trailers?
A Right.
Q I think that's al~.
THE COURT:You are excused,sir •
.(Witness excusect).,
FANNY SMITH IS CALLED AND SWORN.
EXAMINATIO=\J BY MR ..BARNA:
Q What 18 your name?
A.Fanny Smith.
Q Fanny,where do you live?
A 806 Chess Street,Monongahela.
Q Are you the daughter of Sara Smith and William Smith?
A Yes.
Q Is this your mother in Court with you?
A Yes.
Q And it's your father who is out in the hall?
A Yes.
Q Fanny,are you pregnant?
A .Yes.
Q When do you expect your baby to be born?
A I'm not sure.I went to the doctor's and he told me I'm
about two and a half months pregnant;between two and
two and a half.
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That would be around February or March.
Some time in March~
..
How old are you,Fanny?
I'll be 16 in October.
What date in October?
13th.
Are you having a difficult time right now carrying the ch~ld
or do you feel sick?
According to my mother I have morning sickness.I've been
given med~cine from the doctor.for it.
Who is taking you to the doctor?
Bob is taking me to the doctor's.
That is Mr.Courtney?
Yes.
Who has purchased your medicines for you?
Bob.
Do you want to marry Bob?
Yes.
If you weren't pregnant would you still want to marry hin?
Yes.
Are you in love with him?
Yes.
Do you think he's in love with you?
Yes.
Do you feel that even though you are 15 that you could be~ome
a goodl wife?
A Yes.
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Fanny Smith
Has your mother been a good wife to your father?
Yes.
Do you want to be the same type of wife to Bob?
Yes.
Now you know how much Bob is making in money.Do you think
that you could manage a "household on that type of income?
I think so.
And try to save some money out of that for a rainy day?
Yes.
And for your hospital bill when you have the baby?
Yes.
Do you know Bob's mother?
Yes.
How many times have you seen her or been at her place?
Well,I've been up the house quite a few times.I know he~
pretty good.
Do you feel that you can get along well with her?
Yes.
Is it your intentions if you are allowed to get married
that you'd move in with them,is that it,until the apart~
ment is fixed up?
Yes.
Fanny,your father,he is quite upset over this situation
that you are in,isn't he?
35
A Yes.
Q Did you tell me he wants to have you put away?
A Yes.He was planning on putting me in some type of a home
Fann Smith
He said if I didn't get married today he was going to put
me in a home.
36
Q So he is going to kick you out of the house and put you:1in a.
home,is that it?
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Yes.
And is it that he wants you to put the baby up for adopti n?
Yes.
Do you want to put the baby up for adoption?
No.
Would you sign papers that the baby was to be put up for
adoption?
I wouldn't sign.
Has your father treated you like a daughter since this ha
happened to you?
Not really.I guess he does the best he can.
Why is he against this marriage then?
I really don't know.All I know,he thinks Bob can't rt
me •That's all I know.
Does he have any objections that you do not love Bob or B b
does not love you?
Not as far as I know.
He hasn't complained about that?
No.
he
Your father,has/been the perfect husband to your mother
or what type of a man is he?
THE COURT:Well,we are not going to go into that.
Q Do you feel that you understand the responsibilities of
Fanny Smith 37
EXAMINATION BY THE COURT:
married life?
A Yes.
Q Can you take care of children?
A Yes.
Q Do you really want to do this?
A Yes.
Q I think that's about all I have from her,Your Honor.~z~..r>-IIIZ
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Fanny,what grade were you in in school when you last
were in school in Mayor June,whenever it was?
Ninth.
And what school did you attend?
Donora Junior High.
I thought you lived in Monongahela.
We just moved down Monongahela.
F1romd)ollQra?
Yes.We lived in Donora for a long time.
And who was your teacher this last year?
My homeroom teacher?
Yes.
I
A Mrs.Vernerac.
MR.BARNA:She's that outstanding Algebra teacher they
have in Donora,Your Honor,and whose classes win all the
Algebra prizes.
Q Did you have any trouble at all with your homeroom teache~?
Fannv Smith
No.
HON were your grade s in school?
-Between Band C average.
How many B's?
I only had about eight subjects.Most of them were B's.
I had maybe five,six B's;a couple A's.
Which subjects did you have CIS in?
World History and ~ome type of Geography.
And which subjects did you have B'sin?
Algebra,Spanish,English.I had B pluses in English.
and my Advanced Cooking and Biology.
Were your father or mother dissatisfied with your grades?
Not re ally.
Why was your father speaking about putting you away
somewhere?
I don't:'know.He said that would be the best thing.
Was that after you became pregnant?
Yes.
Did he ever say that before you became pregnant?
I don't think so.
Well,did he say that because of the fact that you had
become pregnant?
I think so.
He didn't like that?
No.
Did your father explain to you in any way when he remarke(
a
that Robert was only equivalent to/first or second grade
38
Fanny Smith
person?
A Yes.
Q What did he say?How did he explain that?
A All he kept doing,well,my mother was at work,h'e'd stay
"in the house and he'd start yelling at me and he 'a.say
Bob isn't no good for you,he don't even have a mind of
a second grader,or something like that.
What did you answer him on those occasions?
Half the times I didn't even answer him.
You knew that Bob was more advanced than that,didn't you P
Yeah,I know,but my dad,he thinks that he knows more
than anybody else does,and whatever he says is right.
You can't argue with him.
Where does he work?
Ringgold School District.He worksd for the whole school
district.He's on maintenance.
Does he do janitor work?
39
Something like that.He's on maintenance.
Do you know what it involved?Does he do carpenter work o[
any kind when something is wrong in the school?
He does stuff like that and he keeps track of---like he
takes in inventory on all the supplies the school has.
How long has he been with the school district?
I don't know.
Where does your mother work?
Cleveland Partition.
Are there hours during the day then when neither your
Fanny Smith
mother nor your father would be at home?
40
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Yes,about an hour,an hour or two.
Who would take care of the children during those times?
I do.
Do you have any trouble doing that?
No.
Do you know how to cook?
Yes.
What can you cook?
I can cook all kinds of stuff.We took it in school,
learned how to make all kinds of stuff,people in advance~
cooking class.There were 16 of us.We made all kinds of
stuff.I can make spaghetti,all kinds of stuff like that.
Well,you have those courses in school.But now I am sayi~g
at home,would you do any cooking?
At home I cooked •••the kids like macar.oni dishes.Some-
times I make them macaroni and cheese or spaghetti or
stuff like that at home.Or maybe if they want,I'll
make hamburgers and cheeseburgers and give them side
dishes to go with it.
Can you cook meats also?
Yes.
How do you cook the meats?What are the various ways that you
would cook meats?You don't cook all the meats the same way.
11 Some Urnes I just ma,ke roasted chicken or fry it in a frying
pan.I never deep fry it much at h orne because our aeep frv
doesn't work right.I stick mainly with frying it and baking
Fanny Smith 41
it.
Q Do JOu have a stove tha t you can bake in at home?
A Yes.
Q Electric or gas?
A I don't know ••Q You don't know whether the stove is electric or gas?
::!:A I can't remember.;
z«~Q You don't do much cooking then.
>UI~A No,I do a lot of cooking.I think it's electric.No,it s
0.'
stove s.
on a lot.
gas.
Is it automatic where you turn the keys and the flame wil
Yes.I'm just used to cooking on different stoves.I cook~d
light by itself?
A Yes,sir.
Q You feel sure,Fanny,that you can make a go of this thing
if you get married?
A
Q Your stoves at school are probably all electric,are they not?
A No.Most of them are,but the teacher keeps a couple gas
stoves so she can compare the differences between the two
Q And it is true that your father drove you and your mother
here to this hearing today?
A NO.My father drove my mother today.I rode up with Bob.
Q You came with Bob?
A Yes.
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Q But your'father drove your mother in?
Fanny Smith
A Yes.
Q Did you see your fa ther here when you came in?
A Yes,heis out there.
Q What did he say to you?
A Nothing.I asked him if he was going to come in and he
42
says if he comes in he's going to make a mess out of everv-
thing.Hessaid he's staying out there.
Q You are not afraid of your father,are you?
A only when he's mad~.
Q Does he beat you in any way?
A Yes.Not lately.Well,he used to;sometimes he used to
beat me with a belt and whenever he couldn't find his bellu
'I-!used to get it with a broom handle,whatever he could
find.
Q Well,that's when you w~e pretty bad,was it?
A Whenever he was mad.Sometimes I deserved it.
Q How many brothers and sisters do you have?
A I've got three sisters and one brother.
Q That's all the questions the Court has.
MR.BARNA:Fanny,did your father refuse to take you to
see the doctor?
A No.
MR.BARNA:
THE COUR'I:
MR.BARNA:
THE COURT:
He did not?Excuse me.I misunderstood.
Any other testimony,Mr.Barna?
No,Your Honor.We don't have any other test mony.
Very well.The Court will take the matter
under advisement.
(Proceedings Closed).
-----1I------------------------.-...------t.1l:J-
I hereby certify that the proceedings and eviden e
are contained fully and accurately in the notes taken by me on
the hearing of the above cause,and that this copy is a correct
=!:
~transcript of the same •
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The foregoing record of the proceedings upon the
be filed.ui
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o:l~hearing of the above cause is hereby approved and directed to
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PA.
ORPHANSt COURT DIVISION
J
IN THE MATTER OF THE
MARRIAGE LICENSES OF:
ROBERT COURTNEY and
FANNY SMITH
No.r if {---
ORIDER
Term,1971
AND NOW,this 4th day of August,1971,
a hearing on the above captioned matter will be scheduled for Monday,
August 16,1971 at 2 :00 P.M.before Judge Marino.
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FILED
1971 AfJ$4 An 10:45
RUSSELL MARINOREGISTEROfWILLS
.Robert Courtney,.
7Slf E;.~lfaln Street
Monobgah~1a,Pat 16063
CO:Fanny ~LniJh
.BCfl Cbess St.
·]\/tOllOlluahel.a,.Fa.J.0003
De8.t~:Mt.Courtney:
tt has cOple to tbe ateeuUon oi this Court that you (nade appUcation
for a marriage liee~e to ~~~.rry one ,Fanb~1 ;):mUh of 1vronongahela,,fa.,said
applicatlonhavtn~'b.eenma.d~tJ the Clark ot the,erthaus'Court on Or about
Augusl4,1"971.
.Tbt:sat(1 Clel'·<if the Crt.,l'W.t;S'Cotrrt refu!eQ.tile acnltcatton for
Uee08e-beeause,of the fact that l?anny ;·';mith Is a,.minor Ulhlet;21 years of
aqa.and that h$'t~p'nc;atton,,"as not supported b~tht.:~onsent of a paretrt.
Vr;tteritbe refusal to ta.::lue lkonse was,madekooVil'l to JUdge S~eet
of Otlr court,and it WM Uplalned that an appet\l from aato deciaton Vias
requested to be hEfar4 by the court,JUClge CharlesG.Sw~et,Specially
Prestdinq,ie~•.he.ar\ng in satu xuatter for l'i,onday,August 10,.lG.'71,at
2:00 o'clock P~'M••.be!ore Judge Marino,the understgned.
I ~111be ready to hear th1.8 matter on Mondal1~August 16.19"11,
at ~:OOo*ctock1:.M.You should be I'e-presented,by couns~l at lhis hearluq
If It fait aU possible.Yon shoul<lalso see that the F!rre'1ts of Fanny Smith
are notU1edoftbettme and p1aee otthis hearing.It ',d,llbe necessat"y for
an Indtvldual to aerve notice on the parents concerni119 the bearing dale and
to make a return to tbeeourt,at the time of ~...lnCJ,showiuq.tha~noUflcatton
ViIS so-given.Thtstetura l$in the t&rrn of anafftdavit 4taUngthe.alannar
of aervtee made upon the Patents,'Of ~~urse,~e Stat6;:Ol~nt t~,the a:ftdavtt
\\111 be stgaed·by t~'pftson Jnaltng·serilce.e.nd.\\'tU ·bEfS1NOrrrto.before _
Notary.r;.I$Uc.':'',,,',.',."
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Robert Courtney .l~U9ust 11,1971
..Un-leaa proPer servlce 1$macle on the parents of Fanny S~tth,the
CoUl't wlt,not proceed 'lilththe hearing on the date set.'.
'.Very tru1y~U1"8.
J $ .,L'.1 rP'.VlneentMarino,J".
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DNISION
IN THE MATTER OF THE
MARRIAGE LICENSES OF:
ROBERT COURTNEY and
FANNY SMITH
(
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No.2lffof 1971
ORDER SUSTAINING APPEAL
AND NOW,August 18,1971,this matter having corne on for
hearing before the Court,and a full hearing had on August 16,1971,upon
consideration of all the testimony adduced at said hearing,the Court is of
the opinion that the appeal of the applicants,Robert Courtney and Fanny Smit
from the refusal of the issuance of a marriage license to them by the Clerk
of the Orphans'Court,should be sustained.
It is noted that Fanny SmUh will become 16 years of age in less
than two months from this date;after which the consent of this Court would
not be required in order to have a license issued.
The female applicant,Fanny Smith,is a serious,mature individua
in spite of her youth,and is intent upon making a successful marriage of her
union with Robert 90urtney if the marriage is permitted.Her mother,Sara
Smith,has given her consent to the marriage and testified that she believes
the marriage would be for the benefit of everyone concerned.The father of
Fanny Smith,who withholds his consent,was present in court at the time of
the said hearing but refused to enter the courtroom and testify in this matter.
Robert Courtney testified and his father,who gave his written consent on the
marriage application,was unable to attend the hearing as he was hospitalized
at the time.
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Robert Courtney impresses the Court as a serious young man who
desi~es to,enter into a successful marriage.It was testified by Sara Smith
that her husband objected to the marriage solely on the grounds that Robert
Courtney would be unable to provide a livelihood for Fanny Smith because
Robert Courtney had the mentality of a second-grade child.The testimony
given by Robert Courtney disproved this allegation completely.He is an
intelligent young man and a willing worker.The Court considers him as
emancipated although he is living in his father rs home.However,the father
pays him a regular salary for his work and Robert Courtney should be able
to maintain himself and family on his present income.This Court feels that
the marriage,which would later 18x:jitimize the unborn child,would be for
the benefit of all.
The appeal is therefore sustained,and the Clerk of the Orphans'
Court is directed to issue a marriage license to the said applicants upon
payment of proper fees for same.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
I
~
IIII
IN THE MATTER OF THE )
MARRIAGE LICENSES OF:)
ROB~RT CO~TNEY and )
FANNY SMITH )
NO.TERM,1971
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF WASHINGTON )
PERSONALLY before me,the undersigned authority,
appeared CHRISTOPHER T.MANOS,Constable of Dunlevy,Washington
County,Pennsylvania,who,being duly sworn according to law,
deposes and says that on the 13th day of August,A.D.,1971,
at 11:15 o'clock,A.M.,he served upon William R.Smith and
Sara Smith a Notice of hearing,a copy of which is hereto attached
and a Subpoena on Mrs.Sara Smith to appear at said hearing by
handing the same to them personally at the Castner School in Donor ,
and 806 Chess Street,Monongahela,respectively.
Sworn to and subscribed before
me this /.3 ~J;day of August,
A'~:~'J..~
/Y /Notary Public
My commission expires:
(SEAL)•
3TEPHANA NONACK,Notary Publlo
Donora,Washington Co'unty,Pa.
My Commi~sion Expires
Jan.29,1~73
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN THE MATTER OF THE
MARRIAGE LICENSES OF:
ROBERT COURTNEY and
FANNY SMITH
)
)
)
)
NO.TERM,1971
TO:WILLIAM R.SMITH and
SARAH SMITH
Please be advised that Judge Charles G.Sweet,Presiden
Judge of the Court of Common Pleas of Washington County,has set
the date of August 16,1971,at 2:00 o'clock,p.m.,in the Orphans
Courtroom on the third floor of the Court House as the time and
place for a hearing on the objections to the granting of a
marriage license to Robert Courtney and Fanny Smith.This hearing
will be held before the Honorable P.V.Marino.
BARNA AND BARNA
Bv >(J IV'S""",I
August 13,1971