HomeMy WebLinkAboutOC1971-0890 - ESTATE OF BANAHASKY.--..-
J
890No.6.3~7.1'7':'jOXIDl.......
Estate of :EJ:!..~.1'1~..)3l:\J:'Jl.\I:IM?K.:Y...........................l
~an.incorop~.t~n.t ,~}
KNOW ALL MEN BY THESE PRESENTS,
That we,......1>1l:\~Y..R~J:'J.~..e:t.~....~~.~.~~~~~.~l\.~~S.~~NCE:...q()~p..l\~......
...............................,,,,"..,,,.
all of Washington County,Pennsylvania,are held and firmly bound unto the Commonwealth of Pennsyl-
vania,for the use of those interested in the estate,in the sum of QNETHOU.SANP..":':.":'::":"::":"::":":7':".7':".':""Dollars,to
be paid to the said Commonwealth,to which payment,well and truly to be made,we do bind ourselves,
jointly and severally,for and in the whole,our heirs,executors,administrators,successors and assigns,and
each and every of them,firmly by these presents.Sealed with our seals and dated theE5t:P day of
...DE:.C;:~~~F.A.D.,one thousand nine hundred and s.~Y~J:lt:.Y~.<?I1.E:.~.
THE CONDITION OF THIS OBLIGATION IS,That if the above bounden MARY.FINE
...Cl.tlc1 ...rMN$~.M:E;BJ.GA JN$.PM.~.q~99.MP.~.l'r,(.
~Guardian.o.f....the...InCo.mp.e.t.en.t or any of them,shall well and truly administer
the estate according to law,this obligation shall be void as to those who shall so administer the estate;but
otherwise,it shall remain in force.
X<~~(SEAL)
......(SEAL)
...............~.:E.~..+J:'J.s.p.~~~.~c=()~~f.~
B.:(SEAL)
.'E.Morris,Attorney-in-Fact
~tuttmttd of ~urtty
I.--------------------------------------------------------------------------------------,surety in the sum of $on the
administration bond in the estate of --------------------------------------------.----....,say that I reside at
--------------------------.----------------,Washington County,Pennsylvania;that I am the owner of real estate,the
title to which is in my own name and duly recorded.situated in _ ___ ___.
Washington County,Pennsylvania.worth above all encumbrances $--;and that I am worth the
amount expressed in said bond.over and above my just debts and liabilities.
._-------._._---------------_._--.---------~--_.__._--_.-_._---------_._------------------------------~.
P.O.
!,&tuttmiitt of ~Urdl1
I,-----------------------------------------------------------------------.":-------------,surety in the sum of $.on the
administration bond in the estate of -------------..-------------------------------------------------•say that I reside at
----------------------------------------------------------------------------------------.Washington County,Pennsylvania;that I am the owner of real estate.the
title to which is in my own name and duly recorded.situated in ____ .
Washington County,Pennsylvania,worth above all encumbrances $-------• ;and that I am worth the
amount expressed in said bond,over and above my just debts and liabilities.
...................._-.
._------------------------------_._------:---------------------------
COMMONWEALTH OF PENNSYLVANIA.}
SS:WASHINGTON COUNTY,
Street P.O.
And now _19 ,comes _.
who being duly sworn.says that he is acquainted with the financial standing of the securities to the within bond;that
the said obligors have each executed the said bond and th3t the sureties thereto are the owners of real estate in their
own right of value more than the penal sum of said bond over and above all incumbrances and exemptions.
Sworn and subscribed before me this
day of A.D.19 __
--0_.---.-0 ... _..._.._._~_~..•__. .~•
0-• 0 •__•••••••_
~3-7/-f~
No .
1\~miui6trutinu ~nM
IN THE ESTATE OF
.~.~!.\J.:N~..~A~!.\t@.$.~X _._
an incompetent
And now ----~~--~--,19__U"
Bond approved-sRd Lef.ters issued-to
~-
~~ook ....I.~.1...........page~7.
BADZIK PRINTING ~9 DONORA
BLOOM,BLOOM,ROSENBERG &BLOOM
..
,
•
...
-"
CERTIFIED COpy
TRANS.AM'BR.CA 'NSV'RANCB COM"PANF
POIER Of ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That TRANSAMERICA INSURANCE COMPANY,a corporation of the State of California does hereby make,
constitute and appoint
ARTHUR E.MORRIS or E.MORRIS OF ·WASHINGTO:ff,
WASHINGTON COUNTY,PENNSYLVANIA
its true and lawful Attorney(s)-in-fact,with full power and authority,for and on behalf of the Company as surety,
to executeand deliver and affix the seal of the Company thereto,if a seal is required,bonds,undertakings,recog-
nizances or other written obligations in the nature thereof,as follows:
Any and ail bonds and undertakings in an UNUMITED AMOUNT,in any single
instance,for or on behalf of this Company,in its business and in
accordance with its charter,
and to bind TRANSAMERICilt INSURANCE COMPANY thereby,and all of the acts of said Attorney(s)-in-Fact,
pursuant to these presents,are hereby ratified and confirmed.
This appointment is made under and by authority of the following by-laws of the Company which by-laws are now
in full·force and effect:
ARTICLE VII
SECTION 30.All policies.bonds,undertakings,certificates of insurance,cover notes,recognizance-s,contracts of in-
demnity,endorsements,stipulations.waivers,consents of sureties,re-insurance acceptances or agreements,surety and
co-surety obligationsand agreements,underwriting undertakings,and all other instruments pertaining to the insurance business
of the Corporation,shall be validly executed when signed on behalf of the Corporation by the President,any Vice President
or by any other officer,employee,agent or Attorney-in-Fact authorized to so sign by (j)the Board of Directors,(ii)the Presi-
dent,(iii)any Vice President,or (iv)any other person empowered by the Board of Directors,the President or any Vice
President to give such authorization:provided that all policies of insurance shall also bear the signature of a Secretary,
which may be a facsimile,and unless manually signed by the President or a Vice President,a facsimile signature of the
President.A facsimile signature of a former officer shall be of the same validity as that of an existing officer.
The affixing of the corporate seal shall not be necessary to the valid execution of any instrument,but any person author-
ized to execute or attest such instrument may affix the Corporation's seal thereto.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Board of Directorsof the Company at a meeting duly called and held on the 17th day of October 1963.
"Resolved,That the signature of any officer authorized by the By-laws and the Company seal may be affixed by facsimi-
le to any power of attorney or special power of attorney or certification of either given for the execution of any bond
undertaking,recognizance or other written obligation in the nature thereof;such signature and seal,when so used being
hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid
and binding upon the Company with the same force and effect as though manually affixed".
IN WITNESS WHEREOF,TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 18th day of April 19 66
State of California
County of Los Angeles ss
By
T.M.
URANCE COMPANY
On this 18th day of April ,1966 ,before me personally came T.M.Gregory to me known,
who,being by me duly sworn,did depose and say:that he resides in the City of Pa.adena,State of California
that he is a Vice-President of Transamerica Insuranl.:e Company,the Corporation described in and which exe-
cuted the above instrument;that he knows the seal of saiC1 Corporation;that the seal affixed to the said instrument
is such corporate seal:that it watl so affixed pursucmt to authority given by the Board of Directors of said corp-
oration and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and
deed of said corporation.
238 (Over)
/~4JL:Notary PubHc
My Commission Expires September 15,1967.
I,F.W.Devine,Assistant Secretary of Transarnerica Insurance Company,do hereby certify that the Power
of Attorney herein before set forth is still in force,and further certily that Section 30 of Article VII of the By-
Laws of the Company and the·Resolution of the Board of Directors,set forth in said Power of Attorney are still
in force.In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this
6th day of December ,19 71.
"0':~;"~;~'"'';;;'''......;/It.\\:~,.:=......:
"':'(''''''0••''''''\<-:••~'............
•_...........l..../11
F.W.DEVINE,Assistant Secretary
'...'.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:APPOINTMENT OF GUARDIAN
FOR THE ESTATE OF ELAINE BANAHASKY,)NO.!.,6-7/-i10
An Alleged Mental Incompetent.)
PET I T ION
TO THE HONORABLE,THE JUDGES OF SAID COURT:
The petition of ELEANOR BANAHASKY,as the mother of
Elaine Banahasky respectfully represents:
1.That Eleanor Banahasky resides at R.D.#2,Finley-
ville,Washington County,Pennsylvania.
2.That the petitioner is the fuIDther and natural
guardian of Elaine Banahasky.Elaine Banahasky is twenty-one (21)
years of age,born October 3,1949.Elaine resides with the
petitioner at the above address in this county.
3.That the mind of Elaine Banahasky has been affected
since birth by reason of a mental birth defect and in consequence
thereof she is unable to make decisions or conduct any transaction
4.That the physical and mental condition of Elaine
.\
Banahasky is such that her presence in Court at a hearing would
be detrimental to her welfare.
5.That Anna Deharski,now deceased,mother of your
petitioner and grandmother of Elaine Banahasky,the minor,some-
time before her death which occurred on August 23,1967,
established a savings account in the 14th Street Branch (South
·.
Side Pittsburgh)Mellon National Bank and Trust Company entitled
as follows:"Anna Deharski in trust for Elaine Banahasky."
6.The above account is numbered 32496 and it contains
a balance of $5,073.77 plus interest from May,1970.
7.The alleged Incompetent has no other property in
her estate except the sum above mentioned.
8.That the names and addresses of the next of.kin are
as follows:Eleanor Banahasky,mother,R.D.#2,Finleyville,
Washington County,Pennsylvania;Paul A.Banahasky,father,228
Thomas Street,Elizabeth,Allegheny County,pennsylvania;Barbara
Banahasky,sister,R"D.#2,Finleyville,washington County,
pennsylvania;patty Banahasky,sister,R.D.#2,washington County
pennsylvania;Mary Alice Banahasky,R.D.#2,washington County,
pennsylvania,sister;and paul Banahasky,Jr.,brother,R.D.#1,
Bentleyville,pennsylvania.
9.That your petitioner is sui juris.
10.That Mary Fine is proposed as guardian of the
Estate of Elaine Banahasky.
11.That the proposed guardian is not related to
petitioner and is a responsible married adult individual residing
at 789 East Main Street,Monongahela,Washington County,Pennsyl-
vania.
12.That the proposed guardian has no interest adverse
to the estate of said Incompetent and is not a fiduciary in any
estate in which the alleged Incompetent has an interest.
13.That the alleged Incompetent has no guardian for
her estate.
.....
WHEREFORE,your petitioner"prays your Honorable C'ourt
shall appoint a guardian for the estate of the said Elaine
Banahasky,and that a citation be awarded to her with notice to
her next of kin and to such other persons as the court may direct,
to show cause why she should not be adjudged an Incompetent and
a guardian for her estate appointed.
BLOOM,BLOOM,ROSENBERG &BLOOM
.....
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF WASHINGTON
:SS:
)
personally appeared before me,the undersigned authority
Eleanor Banahasky,who being duly swwrn according to law,deposes
and says that the facts set forth in the foregoing petition are
true and correct to the best of her knowledge,information and
belief.
Notary Public
f\OWf.\'IE EBELING NOTARY p~st':[~.
MY GDMM1SSIONEXPIRES_FE~".:,::::;..~3
WASHINGTON,WflS\liNGIOf.'HJU."·
Sworn to and subscribed
.tt.before me this ~day
Of-~••1971
~~~
,~
ACCEPTANCE OF GUARDIANSHIP
Mary Fine of Monongahela,Pennsylvania,does hereby
agree to accept the proposed guardianship of the estate of
Elaine Banahasky,an alleged mental Incompetent.Mary Fine has
no interest adverse to that of Elaine Banahasky,and is not
acting as a fiduciary in any estate in which Elaine Banahasky has
an interest.
/97/I Mary F1.ne
p 1In Wilt C!!nurt nf QInmmnn tttitali nf lIanllingtnn O!nunty,Jtnnliyluania..
t'00rp 11UUli '<trnurt iltulliinu
J;N RE:(..(
APPOINTMENT OF GUARDIAN ./)
:for the ESTATE OF -(-/trt..t'alt"ou (.EDAnT~J2AIJAHA§KY2 )\!J,t )NO.&..6 --7/-f 1 0
An Alleged Mental ((
Incompetent..))
QInmUtnuntraltl1 nf Ji~~t!1yl11attia )1(li.6:illnuttty of Ifttli4ittgtntt
To:-....E'-""L=A"""I"'-l.N=E~B'""'A=N=TA=H=A=S=KY==--_
Sur Petition of:_-=EL=-=EA=N:..o:Oc...::.R=-..=B=A=.N=AH=A:c::.=.SKY==-_
O)rrrtiug:
IIr <trnmmaUIl Inu,----~ELAI.NE BA!1.A.,1A'H~A..u.SKYu..J~---
that,laying aside all business and excuses whatsoever,you do file in the office
of the Clerk of our Orphans'Court of \Vashington County,a full and com-
plete answer,under oath,to each and every of the'averments of the said
petition,on or before_-"-"M=on~da,,,,"YrJ--__'the 27t h day of_-----"S=-:e:...<:p:--:t:--:e...:...m...;:b-'e...::...r__
11
19$,at 11 :00 o'clock-.A..-.M.,and show cause why the said ELAINE
BANAHASKY should not be adjudged an Incompetent and a guardian 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 31stday Of.~';71 ~-z-d
Clerk of the Orphans'Court
BEOOM,BLOOM,ROS1'.."'NBERG &BLOQ~Esg.
'AttorneySforPetitioner.vi ashl1ngton Trust Bldg.,
Washington,Penna.,
(Seal)15301
--------~-----------------------------------~r__.
PRELIMINARY DECREE
upon consideration of the annexed petition,on
AND NOW,to wit,this 3<?~ay of
Eleanor
Banahasky,through Bloom,Bloom,Rosenberg &Bloom,her attorney,
it is ordered and decreed that a citation be awarded,directed to
Elaine Banahasky,to show cause why she should not be adjudged an
Incompetent and a guardian of her estate appointed;hearing to
be held in the Orphans!Court of washington County,washington,
pennsylvania,o*,Z"LT?I'at //-:~0'clock,/J.M.
At least twenty (20)days!notice of the hearing shall be given
to Elaine Banahasky,the alleged Incompetent,by personal service
of a copy of this petition.
All other next of kin,shall be notified by Bloom,Bloom
Rosenberg &Bloom,their attorneys.
B
,
-..;"
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
I
ORPHANS'COURT DIVISION
IN RE:,
ESTATE OF
ELAINE BANAHASKY,
an alleged incompet ent.
)
)
)
)
)
)
)
)
No .890 of 1971
The said Guardian shall file bond with sufficient surety in
DEC R E E
AND NOW..November /,1,1 1971,upon consideration of the annexed•
petition and after a hearing held following due notice,it is ORDERED AND
DECREED that
ELAINE BANAHASKY is adjudged an incompetent.
Mary Fine is appointed Guardian of the Estate of ELAINE BANAHASK 1
an incomp etent.
The said Guardian is directed to file an inventory in accordance with
the provisions of Section 402 of the Incompetents'Estates Act of 1955,as
amended.
J./
\i'~-"
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF:
ELAINE BANAHASKY,
An alleged mental
Incompetent.
No.63-71-890
ACCEPTANCE BY PROPOSED GUARDIAN
I agree to accept the appointment as Guardian of
the Estate of ELAINE BANAHASKY,an alleged mental incompetent.
My occupation is housewife and my domicile is 789
East Main Street,Monongahela,Washington County,.Pennsylvania.
I am 27 years of age,a citizen of the United
States,am able to speak,read and write the English language.
I am not a fiduciary or an officer or employee of
the corporate fiduciary of an estate in which the alleged in-
competent has an interest,nor the surety or an officer or an
employee of the corporate surety of such a fiduciary;and I have
no interest adverse to the alleged mental incompetent.
-
STATE OF PENNSYLVANIA,!
SS:
COUNTY OF WASHINGTON,
Personally appeared before me the undersigned authority
MARY FINE
guardian of the estate of ~.~~.IN~~~.~~.~.$..~Y..!.~.!?:~J:!.~9.~.9 ~.~!}.t~J J.!.}.s:.9..~.e~.t..~!.}.t..f .
X0~~"'Mar:y ·..p·i·;..·....:.
;:.2 ;<
{j)~1:.g "...,{"~~e~···········u .
~~~,who being duly sworn,deposes and says that the following IS a true and correct Inventory and State-C :)SfJ~&lent of the personal and real property which are of the estate of the above named minor~ll..r:'
..L?0~.~~_Co ,_
g ~~Sworn and subscribed before me this )
.....c:S:t.I::...i j 1-G.···17··d.y of·····!!.·~9.77·~.r.:····_·····,19......7.J
~~~....I~;;k~··c~··-)
Dollars Cents
MELLON NATIONAL BANK ~ND TRUST COMP~NY
Account of Mrs.Anna Dekarski,in Trust for
I
Miss Elaine Banahasky,Balance as of ll-29M 7l $5,423.96
1r---------1---~-------------_J,i-------f----1
".
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NOTE--If real estate,give street and number,Ward of City,Borough or Township,and
'County,and reference to Deed,Mortgage,Volume and Page.
If cash)n !bank,give name of same.
..J
'-I
No.'§.~.::.?.1::.§.2.Q ~~,19 ..,'
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In Re Estate
of
.......~.~~.;£.~~....~.~.~~?~:?.!5r.f .....~.~....~.;!.~~.~.~9.
mental incompetent.............................................~~_.
~
~GUARDI~~'S ,
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,INVENTORYc;AND~;:._\'
(STATEME~T
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ROOM -BLOOM,ROSENBERG &BLOOM
- •........··....•..·f.........;·..··:i·"4~=z7..··....Att~~~·~·;:··..
'...
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
.IN RE:
ESTATE OF:
ELAINE BANAHASKY,
)
··)
:No.63-71-890
)
··
"
An adjudged incompetent.)
PETITION FOR ALLOWANCE
To the Honorable,the Judge of said Coart:
The petition of Mary Fine,guardian of the estate of
Elaine Banahasky,an incompetent respectfully states:
1.Elaine Banahasky was adjudged to be an incompetent
and Mary Fine was appointed to be the guardian of the estate of
Elaine Banahasky by decree of P.V.Marino,J.,dated November
12,1971.
2.The present status of the inventory which has
been filed is uninvested cash amounting to $5,423.96.
3.The address of the incompetent is R.D.#2,
Finleyville,Washington County,Pennsylvania.
4.The incompetent has no dependents.
5.The following creditors of the Incompetent have
claims:
a.Bloom,Bloom,Rosenberg &Bloom,attorneys'fees:
1.preparing and presenting petition for
Appointment of Guardian and hearing thereon,$200.00.
b.Reimbursement of costs:
1.Filing fee for petition and Order $16.00
2.$10.00 advanced for bond for guardian
3.$3.00 for filing of inventory
'...,
Total to Bloom, Bloom,Rosenberg &Bloom:$229.00
'.
c.Doctor stevenson,Finleyville,Pennsylvania for
testifying at incompetent's hearing--$30.00.
6.In addition to the creditors named above,petitione
seeks to make the following future payments out of principal:
a.Medical expenses as needed.
b.Incidental expenses of $15.00 per·month.
c.Yearly clothing allowance not to exceed $250.00
per year.
WHEREFORE,your petitioner prays that samd claims of
said creditors be paid for out of principal and petitioner also
prays that future distributions as set forth in paragraph VI,be
hereby authorized under the provisions of Section 664 of the
Incompetent's Estate Act of 1955.
Respectfully submitted,
II
-2-
A F F I D A V I T
COMMONWEALTH OF PENNSYLVANIA }
(SS:
CONNTY OF WASHINGTON )
personally appeared before me,the undersigned
authority,MARY FINE,who being duly sworn according to law,
deposes and says that the facts set forth in the foregoing
Petition for Allowance are true and correct to the best of
her knowledge,information and belief.
Sworn and subscribed to
~before me this ~day
of 1l..~~~-,1972.
r;r~Zk'
Notary Public ~
RO'''U'IE EBe.WIG,Notary P.ubIiC...
II '.1973M.Commission Explfes February 8,
.~~Shington.Washington County,Penna,
-3-
...~
-..
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
..
IN RE:
ESTATE OF:
ELAINE BANAHASKY,
)
··)
:No.63-71-890
)
··An adjudged incompetent.)
ORDER
~'
AND NOW,this 13"Clay of ~1L.1972,
on motion of Bloom,Bloom,Rosenberg &Bloom,attorneys for
Mary Fine,guardian of the Estate of Elaine Banahasky,said
guardian is ordered and directed to make distribution as follows:
1.Bloom,Bloom,Rosenberg &Bloom,attorneys'fees:
a.preparing and presenting petition for
Appointment of Guardian and hearing thereon,$200.00.
2.Reimbursement of costs:
a.filing fee for 'petition and Order $16.00.
b ..$10.00 advanced forbonddfor guardian
c.$3.00 for filing inventory
Total to Bloom,Bloom,Rosenberg &Bloom:$229~O~
3.Doctor Stevenson,Bin1eyvi11e,pennsylvania for
testifying at incompetent's hearing--$30.00.
In addition,the said guardian is ordered and directed
to make the following distributions as they come due:
1.Medical expenses as needed.
2.Incidental expenses of $15.00 per month.
3.Yearly clothing allowance not to exceed $250.00
per year.
-4-
.\'
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF:
ELAINE BANAHASKY,
An adjudged incompetent.
··
··
··: I
NO.63-71-890
PETITION FOR RULE TO SHOW CAUSE
WHY CITATION SHOULD NOT BE
ISSUED AGAINST THE GUARDIAN
TO THE HONORABLE,THE JUDGE OF SA ID COURT:
The petition of Eleanor Banahasky,natural mother of
Elaine Banahasky,an adjudged incompetent,respectfully states:
1.Elaine Banahasky was adjudged to be an incompetent,
and Mary Fine was appointed to be the guardian of the estate of
Elaine Banahasky by decree of P.V.Marino,J.,dated November
12,1971.
2.That the law firm of Bloom, Bloom,Rosenberg and
Bloom has attempted for the last year to reach Mary Fine,the
court-appointed guardian,to determine the status of the estate's
savings account.
3.Mary Fine has not responded to letters from Bloom,
Bloom,Rosenberg and Bloom,and has not responded to correspond-
ence from the bonding company,Transamerica Insurance Group.
4.Elaine Banahasky is in need of her yearly clothing
allowance,plus other monies,and,therefore,desires to know the
.',.~--'0 J'r,'r',.
whereabouts and the amount of money in the estate savings account.
WHEREFORE,your Petitioner prays that a rule be issued
to the guardian,Mary Fine,to show cause why a citation should
not be issued against her in regards to the estate savings
account.
-2-
"
A F F I D A V I T
.....r'"
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON ····
SS:
Sworn and subscribed to before
me this J"a:....day of July,1974.
personally appeared before me,the undersigned
authority,ELEANOR BANAHASKY,who,being duly sworn according
to law,deposes and says that the facts set forth in the fore-
going Petition for Rule to Show Cause Why Citation Should Not
be Issued Against the Guardian are true and correct to the
best of her knowledge,information and belief.
~kd!vELEANORBANAHASKYu
~.~Notary PUbli~
My Commiss ion Expires:J4 ..cf:I i 7 7
SEAL:
-3-
ESTATE OF:
I
I,IN RE:
ELAINE BANAHASKY,
3ftt UJqt QIoud of Olommnn 'has of Ihtsllington mountS,Jtnusylnanta
(@rp11ttttn'Q!aud lIHutnwtt
~~lorHutton 1NO.63-71-890
An adjudged incompetent.). )
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arnuuty nf IilUlqingfnn ).!I.!I:
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To:EJ ai ne Banahasky,an adjJ1 dged.;ncompetent
incompetent.
an accounting of her guardianship of Elaine Banahasky,an adjudged
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19 __-'l.!:L.
,the 22nd.day of----'A=u=gu=sc..::t _
(Seal)
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at Washington,Penna.,the 9th.day of_---"'-""'="'-J--_
petition,on or before Thnrsday
WITNESS the Honorable Paul A.Simmons,Judge of our said Court,
Bloom Bloom Rosenberg &Bloom Esq.
Attorney for Petitioner.
and further abide the order of our said Court in the premIses,
plete answer,under oath,to each and every of the averments of the said
./
a decree made against you.
If you fail hereof,the petition may be taken PRO CONFESSO and
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-
19_7_L~,at_1_0_:_0_0__o'clock--.!~M.,and show cause why She should not f~le
Sur Petition of:_M_a_ry--,,--r_F_i_n_e _
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
INRE:
Estate of
ELAINE BANAHASKY,
an adjudged incompetent.
(
)
(
)
(
)
(
ORDER
No.63-71-890
AND NOW,this 8th day of July,1974,upon consideration of the
petition annexed hereto,a Citation is hereby issued upon Mary Fine directing,-
her to show cause why she should not file an accounting of her ,guardianship of
~.'T
".~~.....{'t r'I &"_
Elaine Banahasky,an adjudged incompetent.Said Citation is returnable to the
22nd day of August,1974,at 10:00 o'clock A.M.,a~which time a hearing
will be held.The said Mary Fine shall b'e pr'epar~d o'nthat date to fully
,.".
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account as to her guardianship of the'estate of Elaine Banahasky.
Service of the said Citation shall be made personally on the said
Mary Fine.Service also shall be made on the bonding company of the said
gU0TI,dian,Mary Fine,by certified mail.
By the Court,
;_l~
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA ··:ss:
COUNTY OF WASHINGTON ··
personally appeared before me,the undersigned author-
ity,Robert Derry,who,being duly sworn according to law,depose
and says that he is a Constable for the sixth Ward of the City
of Washington;that on July.lOth,1974,at
7:55 0 1 clock,~.M.,he did serve upon Mary Fine,
Guardian of the Estate of Elaine Banahasky,personally,a true
and attested copy of petition for Rule to Show cause Why Cita-
tion Should Not Be Issued Against the Guardian,attested copy
of Order and attested copy of Citation at the above number and
term;and that the said Mary Fine is personally known to the
deponent.
"_Notary Publ1.c
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Sworn to and subscribed before
me this 10 day of July,1974.
~~
'My Gommission Expires:Feb.8,1977
'SEAL:
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:····ESTATE OF:····ELAINE BANAHASKY,·NO.63-71-890···An Adjudged Incompetent.··
PETITION FOR CITATION TO SHOW CAUSE WHY THE
GUARDIAN SHOULD NOT BE HELD IN CONTEMPT OF
COURT AND SURCHARGED FOR FAILURE TO MAKE AN
ACCOUNTING
TO THE HONORABLE,THE JUDGE OF SAID COURT:
1.Elaine Banahasky was adjudged to be an incompetent,
and Mary Fine was appointed to be the guardian of the estate of
Elaine Banahasky by decree of P.V.Marino,J.,dated November
12,1971.
2.That on July 8,1974,your Petitioner petitioned
the Court for citation to be issued against Mary Fine to show
cause why she should not file an accounting for the estate of
Elaine Banahasky.
3.Hearing was held on the citation issued against
Mary Fine,and at 'that hearing the Court instructed Mary Fine to
report to the law offices of Bloom, Bloom,Rosenberg &Bloom at
a time certain so that she could assist that office in the pre-
paration of an accounting.
4.That thereafter,W.Bryan pizzi II,attorney for
petitioner,attempted,by letter and by phone,to have Mrs.Fine
"
come to the office pursuant to the Court's instructions.The
attempts are summarized in a letter to your Honorable Court
dated November 3,1974,copy of which is attached hereto and
labeled Exhibit "A".Mrs.Fine never did appear at the law
offices of Bloom,Bloom,Rosenberg &Bloom.
WHEREFORE,your petitioner prays that citation be
issued upon Mary Fine to show cause why she should not be held
in contempt of Court and why she should not be surcharged for
her failure to make an accounting.
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very truly yours,
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';BLOOM,BLOOM,'ROSEN~ERG',ie,BLOOM
August 22,
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':;~Thiswill confirm your appointment to come to
my office on Tuesday,september 10,1974,at 10:30 o'clock,
A.M.-I am located on the 2nd Floor ~n the Washington Trust'
Building which is directly across the 'street from the court-
;"l house.'ptease ,:remember to bring wi,th you all of the '·can..:..
,...celled checks in the estate account,'plus the check book
and savings account'book ~\' ',.'"
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very truly yours,
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Estate of Elaine
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It'is very important.that'you make this appoint-
ment sinc~we have.to file an accounting by the first of
October.
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'\':'"This,will confirm your new appointment for wed-
nesday,september 18,1974,at'3:00 0'clock,P.M •.Please
make sure you bring the check book \'lith all cancelled,
'checks and deposit slips and,also,the savings pass book.,'
Mrs.Mary Fine
465-467 East Main street
:Monongahe1a,pennsylvania
"i Dear Mary :
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Very truly yours,
BLOOM,BLOOM,ROSENBERG &BLOOM _,
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.......i attem~ted to re~ch ;ou
telephone but have been unable
.Mary Flne
.465-467 E.Main St.,
Monongahela,Pennsylvania 15063
You have broken two appointments with me,
one of which was set by Order of Court.I ftlust
,.'....•emphasize to you that you must get in touch with me
..within the next week or'I will be forced to Petition
;t~e Court to take action against you.
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'court'"instruct'ed you that an accounting must be filed by
t"November 1',,1974.To carry out this Order in accordance'with,"
,instruct ions of the Court you were to come to my office.'TO
":date you~have not done this.In addition,you were tootell ,
me the name of the Bank where the funds are 10cated~:To "
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November 3,1974
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.'.'.>,On July 8,1974,Eleanor Banahasky,.
'El~ine Banahasky,an adjudged incompetent,petitioned the Court
for citation to be issued against l-.1ary Fine to show cause why
she."should not file an accounting for her guardianship of Elaine
Banahasky.'.'1'he citation was returnable August 22,19,74,.at
.;:which time a hearing was,he1d,and the court,at that.hearing,'
.}. ' .instructed Mrs.Fine to report to the unders igned's office
.september 10,1974,'at:10:30 0'clock"A.M..Attached to this'""':':j.:
··letteris a copy of my letter to Mrs.Fine,dated Augu.st.22,..';"~
..:·.1974,confirming :that·appointment.Nrs.Fine did not make the ",.:\".,,
",September .10 appointment·"and she rescheduled .for September 18,'.
'1974.-.Aga1n;·I have attached a copy of my letter to.,her,con-.:/;":;'::,
firming that ··appointment~!:.':Mrs.Fine::,did not make the September'~"
18 appointment,.and on september 25 'L again wrote to ;;her,'and ..'".•,
that .letter" a long'with ,the return 'receipt ca'rd,is atta'ched '
to "this correspondence .,..;'s<~·v·:)·;;.,','
,;i:~\;~;',;;'tktMr9~Fine fter ~id;"{;~~~honeme.'and,I tri~d "'i
to illicit from her the name of the'bank where the guardianship
"money was;.'She 'informedme that it was in the Union National.,
Bank in Bentleyville,···and a'call to Clyde'Finley,the manager,.
resulted.in my learning 'that there is no such account·at.·that
.Bank.Thereafter Mrs ;:Fine waste be in my office October 25,
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page 2
',November,3,1974
In Re:
",.~~.
Estate of Elaine Banahasky
NO.63-71-890
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,19741 however.she did not make that appointment either.",Attached
,is nr:l letter ,to Mrs.Fine dated october 23.1974,warning ,her
that we ,vere to file ,an accounting by November 1,1974."
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,.,,(/',',An,accounting has not been filed pursuant to the ,.
'::,coUrt's order:of August,22.1974.and I felt that I must bring ,;';
;:'you to date on this matter.'I,am prepared to file appropriate
,,'motions 1 however.I wanted to'not ify the court as soon as passible
i:,"as to '\-,hat 'has transpired since the,August 22 hearing.
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EXHIBIT "A"
-3-
A F F I D A V I T
COMMONWEALTH OF PENNSYLVANIA ..
:SS:
COUNTY OF WASHINGTON :
personally appeared before me,the undersigned auth-
ority,ELEANOR BANAHASKY,who,being duly sworn according to
law,deposes and says that the facts set forth in the foregoing
petition for citation to Show Cause Why the Guardian should Not
be Held in contempt of Court and Surcharged for Failure to Make
an Accounting are true and correct to the best of her knowledge,
information and belief.
t2 %~
ELEANOR BANAHASKY
Sworn and subscribed t~beforeA ),
me this .!..1-day of _~.:::.;;:;..=-=;::;;....::.-;::;;;...;;:;-=-
.197£.
My Commission Expires:'7d-,Or /1 7 7
SEAL:
-4-
IN RE:
ESTATE OF
ELAINE BANAHASKY,
in wilt QIourt of C!!ommou 'ltall of lJa.aqiugtou arouutg.iftuullgluauia
@rp11Uttli'Qtuurt j3tUiliintt
((.
))NO.63-71-890.~Qlittttinu~
An Aq~udged Incompetent ..))
_QJ,ummuttttttu1t4 uf 'tltlt.!Iyluuniu I .!I.!I:
QTnuuty nf ifU1il1i1tgtntt )
To:Mary Fine
Sur Petition of:Eleanor Banahasky
,
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for her failure to make an accounting in the above EBtate.
a decree made against you.
_.-be held in contempt 'of Court and·why she should not be surcharged
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,the 28th.day of January.Tuesday
2 :00 o'clock~.M.,and show cause why she should noti975at.--,
petition,on or before
(Seal)~9
W.Bryan Pizzi,II,E~quire
Bloom,Bloom,Rosenberg &Bloom Esq.
Attorney for Petitioner.,.'0:"
and further abide the order of our said Court in the premises,
If you fail hereof,·the petition may be taken PRO CONFESSO and
at Washington,Penna.,the2nd •day of~_J_an_u_ary-=--,19 75
.~
Clerk of the orPh,;ns''V..:urt
;.:~(J4....~.._,~/
WITNESS the Honorable Paul A.Simmons,Judge of our said Court,
that,laying aside all business and excuses whatsoever,you do file ill 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
•
,.,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:····ESTATE OF:··:
ELAINE BANAHASKY,·NO.63-71-890···An Adjudged Incompetent.··
o R D E R
~
AND NOW,this P..-~--day
upon consideration of the petition
of {)~CJ~-c..-,,197~
at~hed hereto,(Citation is
hereby issued upon Mary Fine directing her to show cause why she
should not be held in contempt of Court and why she should not
be surcharged for her failure to make an accounting in the above
estate.said citation is returnable to the (i-?day of a.,u _A V'
_______,197 $,at ::L :/o-D 0'clock,EM.,at which
time a hearing will be held.
service of the said citation shall be made personally
on the said Mary Fine.service also shall be made on the bonding
company of the said guardian,Mary Fine,by certified mail.
BY THE COURT,
~..
J.
~tatt af 'etttt5ylnania I5B:
(!tannty af lIa5~in!ltan
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TO THE HONORABLE JUDGE WITHIN NAMED:
I hereby certify and return that on_M_O_N_D_A_Y.........tlhe 6th day of__J_AN_U_A_R_Y 19--Z§
at 1:30 P.M.,I served the within CITATION AND PETITION FOR CITATION &ORDER
upon the within named defendant MRS.MARY FINE'-------------------
CITATION AND PETITION FOR
personally at HER RESI DENCE,465-467 EAST MAIN
..J ....
284 -PAID BV arrv'f"Hr~.~(OVER)..WI 11 IPlFf';j
by handing to HE R
STREET,MONONGAHELA,
CITATION AND PETITION
~lI){X
NO.63-71-890 TERM,19
INVOICE NO.26134-26141
SHERIFF'S COSTS $25.00
DOCKET NO.11 ,PAGE
FILES',
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'75 IJfd:,Ii AH 9 Ig
·'EGI"T'··!:V'ILLS1\"..;I r .'I:r.1 .
WAsrm:.~'S (:i"Plt
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
An Adjudged Incompetent.
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ORDER
ESTATE OF
ELAINE BANAHASKY,
IN RE:
AND NOW,this 28th day of January,1975,the Court do s,
in fact,find Mary Fine to be in contempt of this Court because
of her failure to appear here in this case.Further,the Court
finds that she has failed to account,as requested by the Court,
although she promised to do so.
It is therefore the order of this Court that the said
Mary Fine will be arrested and a bench warrant will issue
requiring the Sheriff of this County to incarcerate the siid
Mrs.Mary Fine unless she appears with the balance on hand on 0
before Monday,February 3,1975.The Court will consider
issuing a bench warrant if the money isn't forthcoming at that
time.
The money 1S to be brought and deposited with Mr.
Bryan Pizzi,.and it shall be in the nature of cash and/or
certified check in the amount of whatever balance is then in
the bank.If she doesn't have all the money,then she should
imakearrangementstoraisetheadditional money if she spebt.the. .
same for her own use.
By the Court,
~~-Pau A.Slmmons,J.
~tute nf 'eltlt5ylnultiu !55:
ennUltty nf 1Illh15~iltgtnlt
day of__F_EB_R_U_A_RY 19~
TO THE HONORABLE JUDGE WITHIN NAMED:
I hereby certify and return that onTUES DAY the 11 th
Mat11:00 A.;A.I served the within ~O~R~DE!:::CR~O~F~C~O~U~RT.!:...._
upon the within named defendant_-,M:..::R~S~.,--,-MA=Rc.:..Y~F~IN~E=--_
II HER RESi DENCE"465-467 EAST MAIN________persona y at _by handing to H_E_R_.
MONONGAHELA,
Washington County,Pennsylvania,a true and attested copy of the 'Yithin ORDER OF COURT
and making known to_----'HL1!E...,RCL-the contents thereof.
So answers
ORDER OF COURT
~~~~XNX
NO.63-71-1390 TERM,19
INVOICE NO.26349
SHERIFF'S COSTS $15.00
DOCKET NO.11 ,PAGE 309
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nEGISii
VlASHH:
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:··:
ESTATE OF:····ELAINE BANAHASKY,NO.63-71-890
··An Adjudged Incompetent.··
MOT ION
TO THE HONORABLE,THE JUDGE OF SA ID COURT:
AND NOW comes W.BRYAN PIZZI II,ESQUIRE,and states
as follows:
1.That he is the attorney for the_Estate of Elaine
Banahasky,and that he has been attempting to locate the Estate's
funds by contacting various banks throughout the area.
2.That,as attorney for the Estate of Elaine Ban-
ahasky,he has been informed by Equibank N A that,in fact,
Mary Fine,Guardian for Estate of Elaine Banahasky,did at one
time have a savings account of approximately $4,000.00 in the
Bank.
3.That Equibank N A will not officially divulge
such information in letter form without a Court Order.
WHEREFORE,it is respectfully requested that Equibank
N A be ordered by your Honorable Court to divulge any and all
information on any and all accounts of Mary Fine or any accounts
..
in the name of Elaine Banahasky..
..'......-
-2-
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:··
ESTATE OF:····ELAINE BANAHASKY,NO.63-71-890
··An Adjudged Incompetent.··
o R D E R
..
AND NOW,this -!!fdaYOf~,1975,it
is hereby ORDERED that Equibank N A divulge any and all informa-
tion concerning any and all accounts of Mary Fine and any and
all accounts of Elaine Banahasky to the attorney for the
Estate of Elaine Banahasky,W.Bryan pizzi II,Esquire.
BY THE COURT,
~.....,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:····ESTATE OF:
··ELAINE BANAHASKY,·NO.63-71-890···An Adjudged Incompetent.··
PETITION FOR ENFORCEMENT OF
CONTEMPT ORDER
TO THE HONORABLE,THE JUDGE OF SAID COURT:
The petition of Eleanor Banahasky,natural mother of
Elaine Banahasky,an adjudged incompetent,respectfully states:
1.Your Honorable Court,on the 28th day of January,
1975,did find Mary Fine to be in contempt of court because of her
failure to appear.A copy of said Order is attached to this
petition and marked Exhibit "Nt .
2.Said Order of Court was served on Mary Fine on
February 11,1975,by the Sheriff of washington County.A copy
of said Sheriff's return is attached hereto and labeled Exhibit
"B".
3.The said Mary Fine bas not to date deposited any
money with W.Bryan pizzi II,-Esquire,Attorney for the Estate.
4.The said Mary Fine has totally disregarded numerous
court orders and warnings issued by your Honorable Court.
WHEREFORE,Petitioner prays that a bench warrant be
·'....
issued on the said Mary Fine,and the Sheriff be ordered to
incarcerate the said Mary Fine and place her in the Women1 s
Section of the Washington county Jail until such time as she
IPuY.ge.s:':'3 herself of the contempt citation in the above captioned
case.
BLOOM,
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IN THE COURT OF CmIHON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA,
ORPHANst COURT DIVISION
IN RE:
ESTATE OF
ELAINE HANAHASKY,
An Adjudged Incompetent.
)
)
)
)
)
)
)
j
o R D E R
AND NOW.this 28th day of January,1975,the Court does,
in fact.find Mary Fine to be in contempt of this Court because
of her failure to appear here in this case.Further,the Court.'
finds that she has failed to account,as requested by the Court~
although she promised to do so.'"t··:_,-
It is therefore the order of this Court that the"S-ala
Mary Fine l<dll he arrested and a be~ch warrnnt:wfl1 issue /'
,requiring the Sherif:f o£this county to incarcerate the s4id
Mrs.Mary Fine unless she appears with the balance on hand on or
before Monday,February 3,1975.The Court will consider-
issuing a bench warrant if the money isn't forthcoming at th~t
time.
The money is to·b~brought anddeposlted\'rith'Mr ~
Bryan Pizzi,arid it ~hall.be in the nature of cash and/o~
certified check in the~mo.t;~t of ~lhatever:halan¢e'is then'in .
the bank.If·shed'oasn't·have 0.11 the money,'tllen she should,
make arrangements to raI5'81:he :additio"nal money,if 'she spent the'
same for her own use'.
By .the Court ~'
Is/Paul A.Simmons
Paul A.Simmons,J.
.~--~:.--.
.'-.".
EXHIBIT "A"
I
!I
II <"..-'I ",",-p .,'";'"~\,.
1...··
r:;'.~\:".~..~-.7'~~i .",:Fs~:~·~~~0~::v~·'."7~.~J1~~~~~~-'r:':,::<:'?~f;{~:}~::·.~:~~jJ;~·;,
h"~m::a:w:a~~d;~iI ".',';eJ'BANA~t~~~f:,JJlj .'.~(';'~~~O.&TERM:-.63-71 -890--,",-vs.··:.fl.j;\'·c1J,~Xt~·~•.fr:~'DATE SERVED:'2/11/75 ';FINE ,~.V~:·".'!l>;.•t'·'~TIME SERVED:','11 :00 A.M..'.···:'....:·.i~t.t·~;
~}._:·~V HANDING TO:~INE Il'LLER ,,,~:,'.
~.i.;.._,,:'BY.HANDING-~~TO:-.~,'";.'_:~",~..">:''''
L''':'s!Y,r~ANDING TO:',.--....
r:;';A'bDRESS:RES:MONONGAHELA ,FA.
[";{:ADD,RESS:_..:...-:---:~_':':":"""'--:"~_~~_----,------,--_
I:~~'ADDRESS:-,:,.-
f"··WAS NOT SERVED:,~.,.............~--...__~---,_~~---,~-,--:~r "DEPUTY
."
EXHIBIT "B"
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DNJBION
,
lliRE:
Estate of
ELAINE BANAHASKY,
an incompetent.
(
)
(
)
(
)
(
No.63-71-890
,0 R D E R '
AND·NOW,this 12th day of Jun~,1975,it appearing to the
Court that the said respondent in the above.captioned case,.Mary Fine,has
consistently disregarded numerous court orders and warnings issued by this
Court,and further,it appearing to the Court that a Petition for the Enforceme t
of a Contempt Order has been presented to this Court by the attorney for the
adjudged incompetent,and further,it appea:r:ing that the said Mary Fine will no,
\Willingly or voluntarilyc;ooperate in any mamler in regard to this matter;
NOW,THEREFORE,the Clerk of Courts of Washington
County,Pennsylvania,is directed to issue a Bench Warrant to the Sheriff of
Washington County directing him and/or his deputies to apprehend the said
Mary Fine for the purpose of bringing her before this Court to answer such
allegations in the Petition for Enforcement of Contempt Order as have been
iled in this matter.The said Mary Fine shall be placed in the Women's Sectio
of the Washington County Jail until a hearing date can be set.A copy of this
order shall be filed at a new number in the Criminal Division in the Clerk of
Courts Office in the Court of Common Pleas of Washington County,and this
matter shall also be filed at No.63-71-890 in the Orphans'Court Division of th
Court of Commo n Pleas.This proceeding is in the nature of a civil contempt
roceeding.
By the Court,
,,•",I ~.J.
..
I(nnm 1\11 1Jpn iy wqese 'resents
Estate of ~.~~..!.~~~~.~~.~§.~}N f 1900 ..*lt~~e.D.i..D.~.Qm9.§.t.g.o.t..I\,~3
KNOW ALL MEN BY THESE PRESENTS,
That we,Y.~I!~.P.§.~~.~.~§f.!.p.~.~.~.TI h~,QY..~~~A~.r.X g.9.0.?~N¥.~.D..9 m~~.Q E.QJ?.~Rl'.
..~.:g;w.±.$...
all of Washington County,Pennsylvania,are held and firmly bound unto the Commonwealth of Pennsyl-
vania,for the use of those interested in the estate,in the sum of..T.h.f:.~.~....Th9..~.~~.D..9.~...~...~..~...~..Dollars,to
be paid to the said Commonwealth,to which payment,well and truly to be made,we do bind ourselves,
jointly and severally,for and in the whole,our heirs,executors,administrators,successors and assigns,and
each and every of them,firmly by these presents.Sealed with our seals and dated the J.7..t.h day of
..':T.~.~y.A.D.,one thousand nine hundred and $..~.y.§.D..ty..:::.ft..y..(?,n.~.7.5)
THE CONDITION OF THIS OBLIGATION IS,That if the above bounden....QNJ..T.~.P.....S..T..8l'.E.S
FIDELITY AND GUARANTY COMPANY and OBED ROBERT LEWIS,Guardian,...................................................................................................................................................................................................................................................
~~t¥at&or any of them,shall well and truly administer
the estate according,to law,this obligation shall be void as to those who shall so administer the estate;but
otherwise,it sha {remain in force.
of:
~taltmtnt of ~urtty
I,,surety in the sum of $on the
administration bond in the estate of ,say that I reside at
..............................................................................,Washington County,Pennsylvania;that I am the owner of real estate,
the title to which is in my own name and duly recorded,situated in ;,
Washington County,Pennsylvania,worth above all encumbrances $;and that I am worth
the amount expressed in said bond,over and above my just debts and liabilities.
Street
8Jtaltmtl1t of §urtty
P.O.
I,,surety in the sum of $on the
administration bond in the estate of..,say that I reside at
.~,Washington County,Pennsylvania;that I am the owner of real estate,
the title to which is in my own name and duly recorded,situated in ,
Washington County,Pennsylvania,worth above all encumbrances $;and that I am worth
the amount expressed in said bond,over and above my just debts and liabilities.
Street P.O.
COMMONWE.ALTH OF P.ENNSYLVANIA,}SS.
WASHINGTON COUNTY,.•And now..........................................1g comes ..
who being duly sworn,says that he is acquainted with the financial standing of the securities to the within
bond;that the said obligors have each executed the said bond and that the sureties thereto are the owners
of real estate in their own right of value more than the penal sum of said bond over and above all incum-I
brances and exemptions....
Sworn and subscribed before me this ..
day of A.D.1g .
No.63-71-890
1
#'
i\~mini.6tration mon~
IN THE ESTATE OF
ELAINE BANAHASKY,an incompetent.
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And now .,-,19 _
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Bond a:p"prllvet!.....and Let:tei's iS,sued to
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Bond Book
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(CERTIFIED COPY)
GENERAL POWER OF ATTORNEY
No ~~~.~~.
Know all Men by the.e Pre.ent.:
That UNITED STATES FIDELITY AND GUARANTY COMPANY.a corporation organized and existing under the lawsof
the State of Maryland.and having its principal office at the Cit)'of Baltimore,in the State of Maryland.does hereby constitute and
appomt Gene P.Amanati and/or Amel L.Tucci
of the City of Washington
its true and lawful attorney.in and for the State
,S~~of Pennsylvania
of Pennsylvania
for the foUowinl purposes,to wit:
To sign its name as surety to,and to execute,seal and acknowledge any and all bonds,and to respectively do and perform any and
all acts and thinas set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY.a certified copy of which is hereto annexed and made a part of this Power of Attorney;and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY.throu,h us.its Board of Directors.hereby ratifies and confirms all and whataoover-..at
either the said Gene P.Amanati or the said Amel L.Tucci
day of
may lawfully do in the premises by virtue of these presents.
In Witne..Whereol,the ..id UNITED STATES FIDELITY AND GUARANTY COMPANY ha.caused this instrument to be
17illsealedwithitacorporateseal,duly attested by the slpaturesof Ita Vice-Prelident and A..lstant Secretary,thil
February .A.D.1964
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed)BII JUl.b.Qr.F.s..i..t.b...
Vice-President.
(SEAL)
(Signed)..........A w.Gri.tti.th........... .Assistant Secretary.
STATE OF MARYLAND
BALTIMORE CITY.
On thil l71l day of February ,A.D.19 64,betore me perlOnally came
Wilbur F.S..i th 'Vice-President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and A."".Griffith .Assistant Secretary of said Company,with both of
whom I am personally acquainted.who beina by me severally duly sworn.said that th~y resided in the City of Baltimore.Maryland;
that they,tho said Wi Ibur F.Smith and A.W.Griffi th were respectively
the Vice-Prelldent and the Alliltant Secretary of the aaid UNITED STATES FIDELITY AND GUARANTY COMPANY.the cor-
poration deacribed in and which executed the foregoing Power of Attorney;that they Clach knew the seal of said corporation;that the
seal affixed to said Powerof Attorney was luch corporate seal.that it was so affixed by order of the Board of Directors of said corporation.
and that they signed their names thereto by like ordor as Vice-Prelident and Alllistant Secretary,respectively,of ·the Company.
My commillion oapirel the firat Monday in May,A.D.19 65
(Seal)
STATE OF MARYLAND.
BALTIMORE CITY,
(Signed)Anne M.O'Brien........·..·..···....·..........·..···..·..··..···..·..···..·····..··N~'~;~·p-;,j,ij~:....·..·
I,James F.Carney ,Clerk of the Superior Court of Baltimore City,which Court is a
Court of Record,and bas a seat.do hereby certify that Anne M.0'Brien .Esquire.before
whom the anneucl .ffidavita were made,and who haa thereto lubacribed his name.was at the time of so doing a Notary Public of the
State of Maryland.in and for the City of Baltimore.duly c:ommilllioned and Iworn and authorized by law to administer oaths arid take
acknowledlJU\ents,or proof of deed.to be recorded therein.I further certify that I am acquainted with the handwriting of the said
Notary.and verily believe the lipllluro to be hil aenuine simature.
In re"lm,,",)'Wh.reof,I horeto set my hand and affix the aeaJ of the Superior Court of Baltimore City.the earne being a Court
of Record,this 1,.day of February .A.D.1964
(SEAL)(Signed)Joes F.Carney...........·d;t"'~i;&'s~,,~~i~~'c~~~i'~iB~i;i;;;~'~~'ciiy:..
F.6 8.3 (11·56)()
.COpy OF RESOLUTION
That Whereas,it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it and in its name in States other than Maryland,and in the Territories of the United States and in the Provinces
of the Dominion of Canada and in the Colony of Newfoundland.
Therefore,be it Resolved,that this Company do,and it hereby does,authorize and empower its President or either of its Vice·
Presidents in conjunction with its Secretary or one of its Assistant Secretaries,under its corporate seal,to appoint any person or persons
as attorney or attorneys.in.fact,or agent or agents of said Company,in its '!ame and as its act,to execute and deliver any and all con·
tracts guaranteeing the fidelity of persons holding positions of public or private trust,guaranteeing the performances of contracts other
than insurance policies and executing or guaranteeing bonds and undertakings,required or permitted in all actions or proceedings,or
by law allowed,and
Gene P.Amanati and/or Amel L.Tucci
Also,in its name and as its attorney or attorneys.in.fact,or agent or agents to execute and guarantee the conditions of any and all
bonds,recognizances,obligations,stipulations,undertakings or anything in the nature of either of the same,which are or may by law,
municipal or otherwise,or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the
Dominion of Canada or of the Colony of Newfoundland,or by the rules,regulations,orders,customs,practice or discretion of any board,
body,organization,office or officer,local,municipal or otherwise,be allowed,required or permitted to be executed,made,taken,given,
tendered,accepted,filed or recorded for the security or protection of,by or for any person or persons,corporation,body,office,interest,
municipality or other association or organization whatsoever,in any and all capacities whatsoever,conditioned for the doing or not doing
of anything or any conditions which may be provided for in any such bond,recognizance,obligation,stipulation,or undertaking,or
anything in the nature of either qf the same.
t,W.R.Holley ,an Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney given
by said Company to
to sign bonds as therein setthemofWashington,Pennsylvania ,authorizing and empowering
forth,which power of attorney has never been revoked and is still in full force and effect.
And I·do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the
Board of Directors of said Company,duly called and held at the office of the Company in the City of Baltimore,on the 11th day of
July,1910,at which meeting a quorum of the Board of Directors was present,and that the foregoing is a true and correct copy of said
resolution,and the whole thereof as recorded in the minutes of said meeting.
tn Testimony Whereof.I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY
COMPANY on July 17,1975.
(Date)
t .."_
Assistant Secretary.
~"-'-.
\,...
.
-'-""..:-,;}...,..,..JI-.e::--_II-
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS 1 COURT DIVISION
IN RE:
ESTATE OF
ELAINE BANAHASKY,
An Adjudged Incompetent.
)
)
)
)
)
)
)
No.63 ..71-890
~','0 R D'ER
.
+."',.'t F.,~;:,.
(.r.
~.,"
.AND NOW"this 17th day of July,19~5,after the
Court has h"ear d the testimony in'reg~rd to this entire matter,
and a compromise having'been reached between the parties,the
Court does ~emove,Mary Ann~Fine as the guardian of the Estate of
Elaine Banahasky,an adjudged incompetent.However,the Court
removes her without prejudice to proceed against~er further if
the amount of $3,000.00 agreed to be due the incompetent's estate
is not forthcoming at the rate of $50.00 per month.The Court
I
directs that the entire monthly payment of $50.00 be deposited
in a savings bank at interest,and is not to be used for any
purpose at all until further order of Court.
The Court does,in fact,approve the compromise tha
has been stipulated to by counsel for the parties and agre~d to
by Mary Ann Fine,formet guardian,and Mr.William Fine,who has
agreed before the Court under oath that he would,in fact,act
as surety to secure the obligations of Mary Ann Fine to repay the
sum of $3,000.00 to the Estate of Elaine Banahasky,the adjudged
incompetent in this case.
The Court appoints Mr.Obed Lewis as the substitute..
guardian of the Estate of Elaine Banahasky,the adjudged incompet.nt~
By the Cou.:s1:.,~~
.~
••IN THE COURT OF COMl'1l0N ~PLEAS
OF WASHINGTON COUNTY,PA.
ORPHANS'COURT DIVISION
NO.63-71-890
IN RE:
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204 'MILLCRAFTCENTER
90 WEST CHESTNUT STR!'=ET
WASHINGTON.PENNSYLVANIA 15301
:-~S1
LAW OFFICES
ROSENBERG,SEWAK&PIZZI
ESTATE OF
),
ELAINE BA,NAHA,§I$¥,
AriAdjudged;fnc()tnp~tent·..
GUARD'IANIN"THE 'ABOVE 'CAPTTO
ESTATE,''SHOULD NOT BE'HELD '.1
CONTEMPT ".OF'COURT
PETITION/FOR CITATION 'TO SHO
CAUSE WHY ':£I.11\RYFTNEI"THEFO
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
ELAINE BANAHASKY,
An Adjudged Incompetent.
NO.63-71-890
PETITION FOR CITATION TO SHOW CAUSE
WHY MARY FINE,THE FORMER GUARDIAN
IN THE ABOVE CAPTIONED CASE,SHOULD
NOT BE HELD IN CONTEMPT OF COURT
TO THE HONORABLE,THE JUDGES OF SAID COURT:
1.Elaine Banahasky was adjudged to be an incompetent,
and Mary Fine was appointed to be the guardian of the Estate of
Elaine Banahasky by Decree of P.V.Marino,J.,dated November
12,1971.
2.That,by that Decree,Mary Fine was appointed
guardian for the Estate of the incompetent,Elaine Banahasky.
3.That after numerous hearings on show cause orders
for surcharge and contempt,Mary Fine was removed for cause by
Order of the Honorable Paul A.Simmons,on July 17,1975,a
copy of said Order being attached hereto and made a part
hereof and labeled Attachment I.
'.
4.Pursuant to the July 17,1975,Order,Mary Fine
was to pay $50.00 per month of the moneys that she unlawfully
confiscated.To date she has paid $2,175.00.
5.The last payment received from or on behalf of
Mary Fine was on September 17,1979,and there is a balance
due and owing to the estate,pursuant to the July 17,1975,
Order,of $825.00.
6.Written notice was given to Mary Fine concerning
this default,copy of which is attached hereto and made a
part hereof and labeled Attachment II.
WHEREFORE,your Petitioner prays a citatin be
issued upon Mary Fine to show cause why she should not be held
in contempt of court for failure to make payments pursuant to
the July 17,1975,Order.
RO:;;:ERG'SEWAK &PIZZI
BY ~-_.
W.BRYAN PIZZI II,ESQUIRE
Attorneys for the Estate of
Elaine Banahasky,an
Adjudged Incompetent
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1975,after:the
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"'...The Court does,'~nfact,approve the compromise tha
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purpos;~at all until further'order ,of Court .':'
Court,;"do es';r,ellloy~Mary ·.Ann:;Fine:'as >t:he":'guardian '9.f :';the Estate;of
.~l':l~~\';'~~~:{ft~t?I'''~lJdj;'dik~!'i~c'~lUP~~~~;:''H~~~Y~;,·.t~~'·~I~rt •..•....
her "without,J>rejUdr~-~;Lt~proCeedagains£~~er.furth~i":i(.
.'he'~~~unt ~f~$3',0oo'.()o;ire.eJ<t();~~~·~ue th~'{~competent"st~~~:~e
is:~ot forthcOllli!1g a't'the't~'te'0£$;.50"00 perinonth.,The'Court.
dir~~t.s'th~t the entire ni6~thlyp~yment,of$5~.·OObe deposited..~~:_.
.."t .':-'.~'.:.. . .<.'-.:;;.
.~-'.\'7."'-.:._.'';',"":',."..,.i'.i ;
:"IN"THEJCOURTOP':COMMON PLEAS OF WASHINGTON COUNTY,:PENNSYLVANIA
.'.:'}.'.....:'.."
An Adjudged Incomp~'tent J:(J/
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August:~4""1980
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'....''.'~'''.".~.•,~O",~.••_"~'
':.-1...,,''.........'...;.",:,'-~',In Re:
Mrs .;.Mary Fine '...,,..''..
P.O.Box 516 "._"_"_.
Monongahela,Pennsylvan1,.a .l5.06.3"<••~
Estate of Elaine ,.Banahasky ,
Dear Mrs.Fine:....'.'r~_~••r
.~,",'....~,.',)..As you know,.the undersi@e.d..l;'epie:se.nts,.the.,.__....
Estate of Elaine Banahasky.,..}\syou ar.e .furt:~~r_,a\t?Cl..re,.
on July 17,1975,you sign,eda jud,g~eni;..npte.•.·0':.':.
As you are ful,ly aware,Y9~1'!-av,e ..d,efatA.t,edqI'),.~_.
the note in the amount qf$B25.,O.o •.~w~:a,re".~l1er~fore,.
.demanding fu11 payment as ..i~.prc>yidect~£:or_il)J;he .I},ote •....~,_,".-." .
..
'..',.
..'..;;.......'"~...,:
".,.-,.,'
w.B~YAN PIZZI II·
.":,.''.'
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ROSENBE~G,;'SEWAK &PIZZI'
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WBP:emp
We will give you ten days_~p "l:'e.s-Ix>,nd,LCl.f.tex:.
which appropriate action.will beta,kell..".~><,..~:.,,~
Very,truly ,yours,. "
,.'
./
1!.
CERTIFIED MAIL
.RETURN RECEIPT REQUESTED
.ATTA.CHMENT'i'!II
(Page 1 of2)
'.
.."
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
SS:
BEFORE ME,a Notary Public,in and for the above County
and Commonwealth,personally appeared OBED R.LEWIS,guardian for
the Estate of Elaine Banahasky,an adjudged incompetent,who,
being duly sworn according to law,deposes and says that the fact
set forth in the foregoing Petition for Citation to Show Cause wh
Mary Fine,the former guardian in the Estate of Elaine Banahasky,
an adjudged incompetent,shuld not be held in contempt of court,
are true and correct to the best of his knowledge,information an
belief.
'-.S~l.,?rr .to and sUbsc~<i~e me_<':l~~~l~..fL2 day of ~
:....."'"
.·P'L~.lA.u.Ur
Notary Public
My Commission EXPires:~~.c2:~
ELA'NE PASSARE~ub1iC I
Washin~'~~Wil~hington (0.,Pa.
N.P.SEAL:My (o~mission Expires Sept.27,1982.
,1980.
If/;L,
'IN RE:
In W~r QIourt of QIommnn 'lrus of ,lfa.9~ington Q!ounig,Jrnnsgluania
®rp~Un5 '<llnurt ~itlt5h111
ESTATE OF
ELAINE BANAHASKY,Qtttatton No.63-71-890
An Adjudged Incompetent.\
Q.tnnttttnuwrult4 of Jru1l5ylllulltu )
<!1uuuty of IhUli)ing1nn \5Ii:
To:__M_a_ry--,-F_~_'n_e _
Sur Petition of:\i.Bryan Pizzi,II
Oirrrtiug:
mr <llammunb 'nu~M.=.ary....o<-_Fi_n_e _
that,laying aside all business and excuses whatsoever,you do file in the office
.of the Clerk of our Orphans'Court of Washington County,a full and com-
plete answer,under oath,to each and every of the averments of the said
petition,on or before Monday ,the 24th.day of November
19 80 ,at_---=c2 0'clock.l.M.,and show cause why you should not
be held in contempt of court in the above estate.
and further abide the order of our said Court in the prenuses,
If you fail hereof,the petition may be taken PRO CONFESSO and
a 'decree made against you.
WITNESS the Honorable Thomas J.TerputacJudge of our said Court,
at Washington,Penna.,the 16th day of_O..;:..c..;:..t..:...o.:...b.:...e.;...:r'----,19_8-,-°_
~
the Orphans'Court/?/
w.Bryan Pizzi,II E____~__=sq.
Attorney for Petitioner.
(Seal)
~-------------------------------~-----
"
---------------~~
,,.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
ELAINE BANAHASKY,
An Adjudged Incompetent.
NO.63-71-890
..
o R D E R
AND NOW,this K day of ()C.'14 4 ~,1980,
uppon consideration of the Petition attached hereto,citation
is hereby issued upon Mary Fine directing her to show cause
why she should not be held in contempt of court in the above
estate.Said citation is returnable to the ~¥day of
1!l....L..:~=--v.:........!:t__,1980,a t __~~__
time a hearing will be held.
o'clock,~M.,at which
Service of the said citation shall be made person-
ally on the said Mary Fine.Service also shall be made on the
bonding company of the said guardian,Mary Fine,by certified
mail.
BY THE COURT,
~
O"R.DE R'
lURE:.
IN THE COURT OF COM.MON PLEAS
OF WASHINGTON COUNTY,PA.
ORPF.ANS'COURT DIVISION
NO~"63-71-890
ESTATE OF
ELAINE Bl\NAJ¥\.SJ(Y,
An'>Ac1:11.ldg-edlnC()rnpetent.
I;,
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"
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
ELAINE BANAHASKY,
An Adjudged Incompetent.
NO.63-71-890
o R D E R
AND NOW,this _~day of
for Citation to Show Cause having been filed in the above cap-
tioned case against Mary Fine,and Mary Fine having been served
with such citation,and further the said Mary Fine not being
present at the return date of November 24,1980,it is hereby
ORDERED that W.Bryan Pizzi II,Esquire,attorney for the estate,
is directed to meet with Attorney Melvin B.Bassi,who formerly
represented Mrs.Fine,to investigate the financial status of
Hary Fine.This is to be done before any further Orders are
issued in this case.
,N THE COURT OF COMMON 'PLEAS
F WASHINGTON COUNTY',PENNA:~
ORPHANS'COURTDIVISION
~
.,.
IN RE:
\
ESTATE OF
ELAINE BANAH]s'BKY~
AriAcljUdgedIncompetent.
.
PETITION FOR.ALLOWANCE
..)
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".'\td~·OO NOJ.t~~t;H'S\tM,~·,;.:.,......c~~";'.:l::'",'.":",,',,:'.--':'!IP)';'·;~·td ff1 JO Bitt.SIf.r;t ra
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LAW OFFICES.I
,aa(Hi003U...·'i"'·',,"!\c>0""'>';."
204 MILLCRAFTCENTER
90 WESTCHESTNUT STREET
WASHINGTON;PENNSYLVANIA 15301'~s-q ,
ROSENBERG,SEWAk Be
.~
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IN THE COURT OF COK~ON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
ELAINE BANAHASKY,
An Adjudged Incompetent.
)
)
)
)
)NO.63-71-890
)
)
)
PETITION FOR ALLOWANCE
AND NOW,come the Petitioners,Rosenberg,Sewak &Pizzi,
and files this Petition for Allowance,of which the following is
a statement:
1.That since approximately July 17,1975,the above
named Petitioners have represented the above-captioned estate
in actions to remove the guardian of said estate and to collect 0
misappropriated funds on behalf of the estate.
2.That by the efforts of the Petitioners above,the
estate has reclaimed approximately $2,200.00 in assets mis-
appropriated by the former guardian,Mary Fine.
3.That the Petitioners above have expended time in
the above captioned matter well in excess of 100 cumulative hours,
valued at approximately $3,000.00 to $4,000.00.
•
~-.
•.
4.In addition,Petitioners above have expended costs in
the amount of $35B.85 to date.
5.That the economic situation of the estate is such that
it does not have sufficient assets to compensate the Petitioners
above in full.
6.That the Petitioners above are not desirous of
depleting the assets of the estate.
WHEREFORE,it is respectfully requested that this Honorable
Court Order the payments to the Petitioners above of costs
expended in this matter in the amount of $355.85,and allow the
Petitioners above attorneys fees in the amount of $450.00 to
compensate for efforts expended by the Petitioners in the above
captioned estate.
Respectfully Submitted,
ROSENBERG,SEWAK &PIZZI
//1 /\-.
W<BRYAN PIZZI II ,Esquire
-2-
·.•
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
ELAINE Bfu~AHASKY,
An Adjudged Incompetent.
)
)
)
)
)
)
).
NO.63-71-890
o R D E R
AND NOW,this -iR day of J"NV ~y,198/,a Petition
I
for Allowance in the above-captioned matter having been presented,
it is hereby ORDERED,ADJUDGED AND DECREED that Petitioners
herein,Rosenberg,Sewak &Pizzi,shall be allowed as compensatio
for efforts e~pended on behalf of the~bove captioned estate
their expended costs in the amount of $355.85 and attorneys fees
J._.-:---L.~~----
in the amount of $450.00.
·,.;'---''''
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
Re:Appointment of Guardian
for the Estate of ELAINE
BANAHASKY,An alleged
mental incompetent.
)
)
)
)
No.63 -71 -890
COMMONWEALTH OF PENNSYL\A NIA )
(SS:
COUNTY OF WASHINGTON )
Personally appeared before me,the undersigned
authority,MILTON D.ROSENBERG,Esquire,who,being duly sworn,
according to law,deposes and says that he personally served a copy of
and P etition
the Citation/in regard to the appointment of guardian for Elaine Banahasky,
an alleged mental incompetent,to said Elaine Banahasky at the office of
Bloom,Bloom,Rosenberg,&Bloom,in Finleyville,Pa.,on Tuesday
evening,September 7,1971 at 7:00 o'clock P.M.
Sworn and subscribed to
before me this 10th day
of September 1971.
Notary Public Z
ROWINE EBELING,Notary ublic
My Commission Expires February 8,15n
Washington,Washington Couaty,_Penna.
/
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
ELAINE BANAHASKY,
AN ADJUDGED INCOMPETENT.
NO.63-71-890
AFFIDAVIT OF SERVICE RE PETITION FOR
CITATION TO SHOW CAUSE WHY MARY FINE,
THE FORMER GUARDIAN IN THE ABOVE CAPTIONED CASE,
SHOULD NOT BE HELD IN CONTEMPT OF COURT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
SS:
BEFORE ME,a Notary Public,in and for the above Count
and Commonwealth,personally appeared WELLINGTON THOMAS,a duly
elected constable for the Third Ward,City of Washington,
Washington County,Pennsylvania,who,being duly sworn according
to law,deposes and says that he did serve a Petition for Citati n
filed in the Orphans'Court on October 17,1980,upon Mary Fine,
notifying her of the hearing scheduled for November 24,1980,at
2:00 P.M.,before the Honorable Thomas J.Terputac.Service was
made on Mary Fine on October 18,1980,at 9:25 A.M.,at her
residence,P.O.Box 516,Monongahela,Pennsylvania.Mary Fine
was made personally know to this deponent by exhibiting her
Pennsylvania driver's license.Further,this deponent exhibited
~",~"'~\~.
,..),II ....~-.
to the recipient a true copy of said Petition by handing a copy
thereof to her and making known the contents thereof.
Sworn ~.o and SUbSC~~d before me
this cf(O day of (J!L1~,1980.
Notary Public
l My Commi 55 ion Expires :'~",2.~19'$(
N.P.SEAL:ElAINE PASSARELlO,Notary Public
Wa!'hin~ton,Wi1:,hinoton Co.,Pa.
My Commission Expires Sept.27,1982
~)
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
J
IN RE:
ESTATE OF
ELAINE BANAHASKY,
AN ADJUDGED INCOMPETENT.
NO.63-71-890
AFFIDAVIT OF SERVICE OF CITATION RE
PETITION TO SHOW CAUSE WHY MARY FINE,
THE FORMER GUARDIAN IN THE ABOVE CAPTIONED CASE,
SHOULD NOT BE HELD IN CONTEMPT OF COURT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
SS:
BEFORE ME,a Notary Public,in and for the above Count
and Commonwealth,personally appeared WELLINGTON THOMAS,a duly
elected constable for the Third Ward,City of Washington,
Washington County,Pennsylvania,who,being duly sworn according
to law,deposes and says that he did serve a Citation re Petitio
filed in the Orphans'Court on October 17,1980,upon Mary Fine,
notifying her of the hearing scheduled for November 24,1980,at
2:00 P.M.,before the Honorable Thomas J.Terputac.Service was
made on Mary Fine on October 20,1980,at 7:20 P.M.,at her
residence,P.O.Box 516,Monongahela,Pennsylvania.Mary Fine
was made personally know to this deponent by exhibiting her
Pennsylvania driver's license.Further,this deponent exhibited
("I..,-.,...n·"---
to the recipient a true copy of said Citation by handing a copy
thereof to her and making known the contents thereof.
sworn,to and SUbSC~~d before me
this ~day of ~~,1980.
•
N.P.SEAL:RAINE PASSAREllaW~<h'"0 'Notary Public..../n"ton.Wa,h,n"ton Co Pa
"\I Cammo 0 •.,..ISS/on Expires Scot.27,1982
'.VS.
FINE
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ATTY:W.BRYilN'PIZZL .1 _
CASE:.ORDER·'OF COURT
NO.&.TERM:·6)-71 ...;890
DATE-SERVED:2/11/75"
TIME SERVED:"11 :Q~......~=f.IL..__.c'.'.""',.~:jt;\.BY HANDING To:FINE IN J?ER~-:--\_".,----.~___,_BY~.-HANDING TO::-'""
BY HANDING TO:-'--__-'---__-~_'___~gg~~~::RE~:.~~!I0~G~~LA.~A.,.·':,;.i
~'-'..,'·'t.;'.ADDRESS:_'--------.."""'..,,--'-_,.--,-"""'..-------__,_;..W
WAS NOT SERVED:__-_-'----.·."_-.-,,_.._'.,~..._,~~,.'.DEPUTY .i·~;,{~•..,.J .•.,'LITTLETON ,{i"':'".
.."./.,.,;~..••;:;..;>•.;.•••:.•?.•,...•.'/..'.",,,:."-:---".;~:~:.,~,.:-~..>.~::.C ~..~.•';.."p .,.•,.'';''..,•.,.....'.'"..:I".,.,"..'.'.'.•?".~~~2~~.l"kgd,;;)~~ii,=~~,~~~_i~,NTY
LAW OFFICES
BLOOM,BLOOM,RoSENBERG &BLOOM
J
I.C.BLOOM
GEORGE I.BLOOM
MILTON D.ROSENBERG
SIGMUND L.BLOOM
GEORGE R.SEWAK
W.BRYAN PIZZI IT
200-210 WASHINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA
15301
February 20,1975
AREA CODE 412
TELEPHONE 225-4100
Judge paul A.Simmons
Washington county Courthouse
Washington,pennsylvania 15301
In Re:Mary Fine,Guardian
Estate of Elaine Banahasky
No.63-71-890
Dear Judge Simmons:
Enclosed please find copy of Sheriff's ·return
wherein Mrs.Fine was served with your Order dated Jan-
uary28,1975.Due to a misunderstanding she was not
served until February 11,1975.You asked that I advise
you as to when she was served.
Very truly yours,
BLOOM,BLOOM,
By
WBP:emp
Ene.(1)
....,---------,y-------------------------------
~......
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIJ
.'..t"'""'•{"""l ""•J 1_..'~.;'\• ' •
...~:,J •':-•i.ORPHANS't couEr.PIY{.~!P~N ..·,,;''~'''''I''
An Adjudged Incompetent.
HEARING ON PETITION FOR ENFORCEMENT OF CONTEMPT ORDER
•IN RE:
ESTATE OF
~~ELAINE BANAHASKY,
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Ug APPEARANCES:.,
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~TIME:
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)No.63-71-890
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THE HONORABLE PAUL A.SIMMONS,Judge
of the said Court.
W.BRYAN PIZZI,II,ESQ.,of Washington
Pa.,representing the Petitioner.
MELVIN'B.BASSI,ESQ.,of Charleroi,
Pa.,representing Mary Fine,guardian.
June 17,1975.
JACQUELINE HAMMOND
Official Court Reporter
Orphans~Court Division
INDEX TO'WITHIN TRANSCRIPT
15 '
CrossDirect
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WIT N E S S
MARY FINE
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MR.PIZZI:If the Court please,we are before
Your Honorable Court in the case of the estate of ElainE
•
Banahasky,an adjudged incomp~tent,Number 63-71-890.
This morni~g we are in front of You~Bonor on a Petition
that I presented last week,a Petition entitled Petition
Pursuant to your instructions,I
Mrs.Fine is in the Courtroom with Mr.Melvin Bassi,'a
guardian under the aforementioned estate.
.member of the Washington County Bar Association,and I
tAs a resu1 t of my•
had the order served through the Clerk of Courts Office.
bench warrant issued ~pon Mrs.Mary Fine,the appointed
presentirig this ~etition,Your Honor issued an Order
dated June 12,1975.The crux of s~id order being a
For Enforcement of Contempt Order.
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~would defer to Mr.Bassi at this time.
C\I
show my appearance as having been entered on behalf of_,"I
...~....f 11
!...1!'..,1 .'~.~..
,I Mary F:J..ne;·theapp,olnted ,guarq.·la:p...,Mr,s.Fine appears
,,"'"f "!'..,"\'',j•..•I I 'I •J..1,''';)1 ,'/
,J"!'I''...:-"f ,",'~,.h/~~J~.('.,..~.~_,}'l~·:1 f.'I',,,,t('1'1, '....before"'Your Honor f th1,s mornlng ln response to the order
made
~MR.'BASSI:
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If Your Honor please,let the reCOTe
by Ybui'Honorab1e Court.
'1 r ~.I •f,""-
1";".I,I"~:l .lp',~i:br to any formal testimony being•"I 'le..',.,.'
taken,iL~t~he ..C?l-\\;t,\S;8~.sU~h m~nd,let me say I have'
'l ~t ....~_.'"','."';""
interviewed Mrs.Fine at some length and have determined
that there has been some problem that has existed with
regard to the account over which she has been named
guardian.We have attempted to get an exact status
-.-------1I----------------------------~.:...-I
r=-~~~~~----nr-~~~~~~~~~~~~~~~-----------~---
4
of the account from the Mellon Bank where it was depositEd,
and to this date have not had a duplication!6f the record~.
THE COURT:She knows what she did with the monEY,
doesn't she?
MR.BASSI:Yes,sir.I have asked her about thct
and a large part~of the money was spent for and on behal
mately $50.00 a month was paid from the inception of the·
·order to the mother of Miss Banahasky for a period of
counsel for the estate.
in e.xcess of two years.We consulted with Mr.Pizzi,
I believe there was a sum of approJi-of the incompetent.
~z0(~>-IIIZZIIIII.
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·back to .last August,and she was requested to account
then,and on ·the 28th of January we had a hearing set
gave her,on the 28th of January----actually,if you go
t-=
U THE COURT:ll:I-!!!c
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Don't you think,Mr.Bassi,that we
iii
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and she failed to show.Then we had an Order served on
her that she should appear on or before Monday,February
3 at Mr.Pizzi's office with some sort of an accounting.
She still hasn't done that.Don't you think the 'Court
has been more than lenient with this lady?It's been
more than a y~ar and she's defying the Court.
MR.BASSI:I have no quarrel with the approach
made by the Court and I would agree that the leniency
·has been shown.However,in defense of the conduct of
Mrs.~ine,~~t.me point out that she had a broken l~:
at ~he time of the first hearing.
----
I1_,__~--tt__T.....H"7E_C7-:?_U_R_T"":':--':·T;D_o:..:,n_'-;:_/:..y.:..o..::u_..:t..::h:.:i::n:..:.k:.......::i:...:t:.......:w.:...:O:...:U::.:I:..:d:.....:b=-e~g::.o:.:.o:d-=.f.:.O!-_-I
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,.'t .s,_.',•'.I",I ~I'_...".1 ...',1 ...,.....'I •'4-tr I.'.~,'",'~J,..~'. :l~i.'\"...~:-:::'~...J.1-""(,.11 '.r,...-r·<II
her right now,in all fairness to this incompetent,
put this lady on the stand.She knows what she did with
the money.If she hasn't any money,she ought to tell
us she doesn't haveany money.And secondly,she ought t(
tell us how she 1S ,going to go about replacing this mon y.
MR.BASSI:I will go by the dictates of the Court,
whatever the Court wishes to do.
THE COURT:We can't ask Mr.Pizzi to be any more
lenient about getting some accounts from Mellon Bank an
this and that,because she's had almost a year to do
this and!she hasn't done anything.
MR.BASSI:I think most probably"if the Court
would be willing.to accept the suggestion,that if
Mr.Pizzi would be willing to stipulate and agree to
waive a formal accounting upon payment of the sum of
$200.00----",
i'THE COURT:.,'"~"'.',1 t'hink he can ',t exactly'waivel a formal.•".flLt •.,1...~~"',.t/~Ii'.;"".l,""".',j,1'-•1 ;,f'r'll.l'',.~.,..r "'!,<.~.,.1\'.of'i !~,,,"..•..-10
accounting.What he could do,perhaps is get,say
,"
$2500.00 from he~,~~d then proceed against the bonding
f ,.I',"r·
company for t~e·bal~nc~.'i~he'compromises,he'd
it,.,'\./'"...,..,~.r,Ibecompromisin'g I'the ipcoin·p.et"eh~"s right to proceed
against the bonding company.
MR.BASSI:That 1S true,unless he specifically
preserved that right and accepted this as a matter of
exoneration from contempt.
It seems to me it's up to Mr.Pizzi,wlatTHECOURT:
I
I
~----n--------------------L-I
6
he wants to do.
MR.PIZZI:Your Honor,that is a po~~ibility,but
..
,'I'I am in a,position of being "before Your Honor many time ,
••j', ,t .~
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I -.'':.:/"f<·,,'ha.'~idg·b·£nks·.'c·~l{tand~lth'e;'p~hk,s;l~ti·irig.me there is no
\:~.....•/'l .",~.~~\.'1 ".~fr '4-.-~fl"J ...~.';c;]!'(~..........'."·....fI . ,
account.I ,want to see something,really I do.
,JI <),
COURT:','1'.I In,.other'words,this lady knows what"'''.i'~t,·i....,l I
she did wffh'the"money.Why do'esn't she tell us?That
~,j r I·~~~""t-~~,~_."..'Jwouldbe~t-he 'bes t"J th-tng to do.And if he wants to work
out some kind of compromise with some of her relatives
on het behalf and prdc~ed 'against ~he bondlng company,
that might be in the best interests 6f the incompetent.
PIZZI:If I might say something,Mr.Bassi,
I am most interested in any compromise'that can be work d
out.I am not foolish ab6ut this.·~owever,I need
something to show me there'is some fund available.
the money.·Will you take the starid and tell us what
what
THE COURT:
MR.PIZZI:'
First let's find out wh~t sh~did with
I mean for compromise;plirposes.
There are no funds available,from
I he'ar •.
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to be told about her Constitutional rights,don't you
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think?She doesn't have to incriminate herself if
she'doesn't want to.'.'
7
MARY FINE IS CALLED AND DULY SWORN.
DIRECT EXAMINATION BY MR.BASSI:
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What is your full name?
Mary Ann Fine'.
Now,Mary Ann,are you aware that under the Constitutior
of the United States and the Commonwealth of Pennsylvanja
<,
that you are not required to testify to any fact or set of
facts that may in any way incriminate you or subject
yourseif to any criminal proceedings?
Yes.
".'
A Yes .
what her constitutional rights are under these circumstapces?
Q Is the Court satisfied that she has adequate knowledge o~
"pes s ess ion'?J:'"..~
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Q Are you ~estifi~n)I'·tQd,~Yjf.reely and of your own will and
volition?
A
Q Are you aware that in your capacity acting as a fiduciar~
for and on b.ehalf of <Elain'EtBanahasky,t hat you co'uld...~..,.
.-\or may !be.'sub'j ect t'9 a j ..l'r'l,or1a:.cq~teInp·t ci tation for
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failure to account properly for funds which were in your
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counsel.
A Yes.
THE COURT:And you feel that you want to voluntarilv tel
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THE COURT:You know you don't have to testify if
•A
you don't want to.Do you understand this?
Yes.
.,
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What is her name?
It was around $5,000.00.
November,'70.I don't know exactly what date 'it was.
How much did you receive?
money in question?
Mary Ann,when did you first receive pos?ession of the
Q Wa5~the incompetent resident with her?
A Yes.
Q
Q
A R.D.#2,Finleyville.
Q Where did she live?
A Eleanor Banahasky.
Did you begin a program of disbursement to any person
for and on behalf of Elaine Banaha~ky?
A Yes,her mother.
A
Q How much money did you pay for the minor child to the
mother monthly?
A $50.00 a month.
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Q Over what period of time did you make that payment?
A A little over two years.
Q Did you make that every month?
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Yes,the first of the month usually.
What other expenditures were made out of the incompetent's
funds initially?
The doctor,Dr.Stephenson in Finleyville.
How much did you pay him?
I think it was $35.00,if I'm not mistaken.
Did you·make any oth.er expenditures to Dr.Stephenson?
A No.
Q Who else did you pay?
A Her mother called a couple times and they needed coal
for the house.I came down and I paid the coal man.
;•
Q Do you remember in total amount how-much you paid for ccal?
A Around $100.00.
Q What other expenditures did you make?
A Well,when we first got the fund,we took Elaine shoppi g
and we bought clothes from underwear up,shoes,coat,
everything.
Q And about how much did you spend for that?
A Two or three hundred dollars.
Q How much did you spend,can you remember?with some
exactitude?
A ..I1kn'ow the"one d'ay ,we'we~t to 'the K-Mart and.I spent~.~-J 1 ''*''"t l ''l~I,.fOf~~,..II.~_"':,._,'t'";....".."-4f i ..w ,.;,.j!l";:0''.',,1 !,),,;.,lit ',,·.I"'i'r ...jI'<4.'
$1'00.00 there..
Q
A
Q
And how much di~.you,spend at other places all told?
..~\("of ~..'~,';".:i.fl'~
Around $3 oq ....OO.~:·.'.)"•
That would mal\e 'a"to't,i'l"of",$300.00 you spend for clothES.
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A That was for Christmas.
Q Clothes for Elaine at Christmas time of 1970,is that
correct?
A Yes.Then I took her---right before Easter I took her
to get Easter things.
Did you make,any other expenditures out of that fund?
..
you make for Elaine Banahas y?
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and,shoes and thin.?s'like that?.,-.:-,-..~...~i 4;1 f ,If',tilt ;·'t~;·J~4'i;-".:::'<r"!ti .~..if''l"""'"
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What other expenditures did,.i -~.~-'t-I .'
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I think that's 'all.'C
About $100.00.
How much did you spend?
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Q Now what then did you do with the fund remaining ln the
account?
THE COURT:First tell us how muc
is remaining in the account to your best recollect on;
Q About how much was remaining in the account?Well,
strike that.How much is in the account now?
A Not'a thing,really.
Q You have no money.'
A No.
Q Which was in the account of Elaine Ba~ahasky,is that
correct?
A No.
Q What did you spend the money on,if not for Elaine
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A
Banahasky?'And to whom or when was it spent?
My husband;my ex~husband.
Q What is his name?
A Arthur Fine.
'Q Is he still married to you?
A No,I don't think so.
THE COURT:You don't think so?
A It's a hard thing to say.There was a Master's Hearing
in Pittsburgh the 30th of last month and I think I'm
divorced from him.
Q When did you last live together'with your husband?
A February 22 was the day he left.
Q What year?
A '75.
Q How did your husband take this money?
~ell,'he said~~~well,he wanted a car and his credit
gave me
he told m~wasn't any'good and he couldn't get a car and"'-
to''take _t't
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,'lie:,would retl'ace'it'l,but ;he'neverl.'f I ....'I'",,",.~.,.-(..(...~'t~,'.~".,,/,1,~~_~,..oft ~,":l ,~:.!"~..,iF'f~'·\':,~,
the money to replaee the money.
How much fmo";ey was it you gave him?
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$1,000:00.\.,11-"'.''~,."(t'.,',".A
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Q How much did he spend for the gunsJ
A About six or seven hundred dollars.•
Q Is that a gross amount?
,
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Q Did you make checks to Arthur Fine or were the checks
,made to cash?
A They were made to cash.
Q What other monies were spent 'out of the fund?
A I'm tryingto.think.
Q If you can remember.
A
~~,I'r~ally can't remember.
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You know how much mon~y
•you had left."How mud1;',m~ney,did you spend that
~'~.,1tll')'"~~.belonged~to ',the ;'aC'c6unt'?,.Tell us and use your...~_~'t.1f ..pt;..
mind.You havenJt ,cooperat~d at all."{l t ....•
A I'd say about $'2500.00.
THE COURT:You had $5400.00
to start with.Now just tell us because we want to
know.We don't want to be unfair to you,but you
certainly haven't been fair to the Court.
A I'm trying to answer the questions as well as I can.
Q Did you ask Mellon Bank for a recapitulation of the
account?
A Equibank.
Q Is that where the money was?
A Yes.
Q What was the style of the account there?
THE COURT:I don't think she
understands.She doesn't understand what you are
talking about.
VVllU::.e name was the account In?
1 _
A The checking account was in my name and the savings
account was in Elaine's name and mine.
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Is it a joint account?
No',it wasn't joint;it was a trustee account.
Are you telling the Court now that there isn't any
money in the savings account and there isn't any money
in the chicking account,is that correct?
Yes.
Do you still maintain an account at Equibank?
No,I don't,not right now.
Do you have ~ny account at any other bank?
No.
Do you own any real estate?
No.
Do you have any assets?
Well,my mother and father said that they would help
me get this money back..My mon has an insurance
policy that's on me and my family.She said she could b rrow
money on it or if they have to,they'd borrow money on
the house.
How much do you believe that is currently owed to the "
estate?
Myse}f,I'think ,that I owe~--is that whatyou mean?
Yes.
14
IQAreyOuwillini~to make a conceited effort to repay that
money.?_
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A Mrs.Ruth Churbock.
another daughter,2.
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You are not employed,areyou?'
I rent my home.
Do you own or do you rent your home?
No.
Do you,hay'e a'fam~;ii?/"•
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Q
A No,just my children are.
A Just that my children get their Assistance check.
Q Are you on Public Welfare?
Q Do you have any means of income?
A
Q From whom?
A 467'East Main Street,Monongahela,Pa.
Q Where do you live.?
A ..
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A No.
..Q Does the Court choose to have me go into any justification
for her refusal to answer prior?
THE COURT:No,I dont think it's
necessary.
Q That's all the questions I have,Your Honor.
MR.PIZZI:Your,Honor,I am not quite sure of the posture
yepresentative,Mri.Banahaskj.
~ispute that.by~-testimony of my own through the estate
to any amount that she took or whatever.I can easily
I will know what happened.Secondly,I am not agreeing
So I am waiting for that.At least
Why don~t you interrogate the lady?
phone calls,etc.
a Petition based on evidence I received from anonymous
of all this,but let me say one thing concerning Equibank.I
rheyare under Court Order right now to give me all their
records -and they have been for about ,a month.:r::>presentec
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were appointed in November
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It was 1971 when you were appointed;November.,..
I thought it was '70.-
I thought it was '70,wasn't it?
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THE COURT:It was 1971 •
16
A Yes.
Q And asking you to tell me how much money was in the account.
A Yes.
Q Do you remember how much you would tell me was in there?
A I don't remember.
Q If I told you that you told me $4200.00,would that sound
right to you ?
A Yes.
,Q Do you recall tel'ling me on the phone several times
where the money was ,and that it was in the bank?
A Yes.
Q Do you recall sitting here in Court and telling the Court
where the money was?
A Yes.
Q You understood this was not your money,didn't you?
A Yes.
Q Do you understand,Mrs.Fine,you have an obligation
to repay the Banahasky's?Do you understand'that?
A Yes.
Q.If the Court please,can we go off the record for one
second?-,
(At the direction of Mr.Pizzi,off-the-record discussion
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was not recorded~b~.~hestenograph~r).
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CONTINUED EXAMINATION OF MRS.FINE BY THE COURT:
Do ¥cou remember when I called you on the phone January 28?
Yes.
At that time,you told me there was $3500.00 left in the 1:ank.
Why are you·telling me $2500.00 today?
,
I don't know.I'll tell you,I was scared to death.
Did you tell me at that time it was,$3500.00?
I don't remember what ~told you.
That's what you told me.Today you're saying $2500.00~
what it is?
A
I had my troubles at ·home besides this.
We understand that.But you don't solve your troubles
f •
byr~nning away fr6~them.You have to face ·up .,to your;I'.....,.(.•,,",it,.."/~.t .,..l ~4 J I -t .'~...•,""I ~.,.,..~.;-;.I .',\1 ~.,.'I •/1 ,J ,,-~...-.~~I 1..,-trouble~.··But at'~ny..ta'tJ~·tth~re w'a"t($3500':OO:That's
what you,told me a~~t~at time.If you did say it was.!,.
•_1II "'t""t _+.$3500.00,is that,wha~'dt was or is,or you don't know_.~;r",.,1 ~...
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I said there isn't anything in the account now.
Ma'am,listen--~your attitude-w -
I'm not trying to be smart or anything;it's just what I
.said a few minutes ago.
I think your attitude isn't proper unde~the circumstance •
We are trying.to help you.Now I could have told the
Sheriff to put you in jail,which we didn't do.I think
you ought to be appreciative of that fact instead of
acting angry.
I'm not angry.I'm just scared.
Q You don't have to be frightened.We're not here to hurt-'------rr~----------~----:...-:..:..--.::...:-=-.:...::..-..:..:.::..::....:.--I---I
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you.~,We're try'fng ;.~R,g~,~~to,'the foot of this thing and
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find out how mlich m~ney ought to be account§drJfor.That's
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wha t we're I her'e for·:'I don "tt think it's proper for you to
Yes.
her house.
Yes.
a check each time?
And also;in order for him to collec
Well,I moved from Bentleyville;~y husband and I were
having problems and I had all these things iTh an envelope
What did you do with these 'cancelled checks?
Just for $50.00?
What"ki~d of check would you ca~h?
Just a cash check~
When I took the money down to Mrs.Banahasky,I would
Well,are you talking about---
When you ,withdrew the money from the bank,did you write
get to the truth of this matter.Now did you have checks
or did you write this money out in checks?
In other words,you never paid cash outw:i '-.
and to our advantage and all who are concerned here to
this,money off a bonding company,he's going to have to
know~hat you did with the money.So it's to your advantage
to know what it,is.
tell us $3500.00 on one day and then come ?n some other
date and tell us only $2500.00,because we have the right
,go to the,bank,I would cash the check,take the money to
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But when I went to get the envelope,it was gone,because
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get the microfilm out and prpduce these -checks?'
Yes.
my husband didn't pay the rent.My landlady went in the house
and ransacked the whole house and thesethinis were,gone.
Mr.Pizzi,did the Equibank indicate they were going to.'
Q
MR.PIZZI:~z~THE:.COURT:It seems t9,'me,'in light of the fact that
)0 r ~'...,.I (.j.,.,j!....1''-.'~~'.,.Ii .~?'UJ don '~.)l.~a;ve:~.nY -'ij{fOtr.n~;\fOn,.'he'-{e{froln'"Equibank,when
•
did they say they were going to have this?
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a compromise,because you are going to have to protect
your rights with the bonding companj,it seems to me that
it would be well for this young lady to try to get this $~500
been o~erly quick'in
to do here,before you make
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~":)What we ought
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we will never see her again.
another hearing to try to finalize this accounting.
together and pay it in and then meanwhile,,wewill have
today because I am sincerely frightened if this lady leaves,
I would like to set another hear:ink:date
I do not have any intention of leaving.
Take it easy,now.
I'm telling you,I don't have any intenticn
MRS.FINE:
THE COURT:
MRS.FINE:
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of leaving.I have four kids to think about.
,.
THE COURT:Please,we are trying to be orderly here.
Why don't you---"we'll ("7'kel a'five minute recess,and cal]
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We will take a five-minute recess.
a hearing if you don't have the material from Equibank.
Equibank and ask them when they are ready to have the",.~~.....;""..;,
material.You ~an'c'ai1 'them 'right now.We-can't just keel
scheduling hearings.
•MR.PIZZI:
THE COURT:
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You see my position.
I kn9w,but there is no need in schedulin~
R . E C E S S
If the Court please,Your'Honor,I was
and I might even put my fingers on them.
on the phone,went through the savings account with me.
I have the dates of withdrawals.I'd like to go through
them.
successful ln reaching Mr.Hall of'Equibank in Monongahe1 •
He had sent me papers and I said it could have been,but
I cou1dn Tt'put my fingers on it.He got the file out
Is·he going to send up the papers?
As soon as I give you the figures I can 11>ok
You think you might have papers already.
There was $4,000.00 deposited onMR.PI ZZI:
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THE COURT:
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12-20-71;on 12-29-71,$200.00 withdraw~~l?onr.1-31-72
$800.00;2-23-72,$900.00;3-1-72,$150.00;3-25-72,
$450.00;3..28-72,$100.00;4-1-72 -$400.00;4-6-72,
$400.00;4-10-72,$150.00;4-11-72,$50~00;4-18-72,
$100.00;4-22,;,,72,account closed."
[<HE COURT:
MR.PIZZI:
How much money do your 'people say they go ?
Well--..-
21
THE COURT:
MR.PIZZI:
Don't they have some idea what they recei ed?
It was "my impression that they had received
no more than or the benefit of no more than $1,000.00
or $1,800.00.
THE COURT:
MR.PIZZ I:
So you are saying that....-
The indications are in here,Mrs.Fine
wasn't 'allowed to take out more than,I thirik it was $50.(0
without a Court Order.There is bnly one withdrawal of
$50.00.
MR"E BASSI:I think you just recited the withdrawals.
from the savi~gs·account.And ther~'s been testimony that
there was a checking account 'in which these withdrawals
were 'placed.Is that c6riect1
MR.PIZZI:They'haye no record.There is no record cif
a checking account at Equibank.
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MR.,BASSI:J Mrs.Fine testified to the existence of
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f '.I .''..'{.,,I ',~'•.'/" "•>;·1 ;f.,·.-'.~.'....,,.,""1 -I~;-.""f.,tJ,,"'·.f/-one'a t~Equibank'linden Mary.Fine:!'.'..t "
MR~PIZZI::'~'~~They have no record of a checking account
i
'under Mary Finei;.~"i '.asK'ed.for Mary,Fine and Banahasky Esta e.
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MRS.FINE:I~wCl;s vnder.i Mrs.Mary Fine.I called
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yesterday and they·told me that I had to have..-I don't
"know how much,$3.00 for each statement she said,for eac
statement,that would be monthly statements from the check ng
account.lean say""that I had a c~etki'ng account there.
"
---------.r-----~-----~------------------
MR.BASSI:Can you afford,Mrs.Fine,to spend the
money to reconstruct the account if that 1S the price of
each monthly statement?
MRS.FINE:
MR.BASSI:
No,I can't afford it,no.
Are you willing to allow your personal
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account to be subpoenaed by the Court fo~th~'purpose of
determining what,if any amounts were paid on behalf of Elaine
Banahasky?
i MRS.F}NE:Yes.or-oZ THE COURT:How much money did you recite was takenxIII
0(~.out of the bank?
in and that's the amount taken out.That was taken out in
had much trouble to get Mrs.Fine in here.I have been
trying for over a year,Your Honor,as Your Honor is
to the estate.I think the Court is a~are of that.I've
That's the amount that was pu
Your ~onor,I am under extreme obligation
What do you propose to do,Mr.Pizzi?
$4,000.00.
Mr.Bassi knows,if he feels that he has
There was nothing when we had a hearing last summer,72.
some money to settle this thing,I would love to,
well aware.
THE COURT:
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Your HonIDi',I really would.I don't enjoy bringing
Mrs.Fine in here under these'circumstances.
THE COURT:
MR.PIZZI:
This bond---
The bond is only for $1,000.00.
THE COURT:Has the bond premium been paid regularly?
<.
MR ~,·'P;I ZZI:'\It hasn't .bee~:·paid since '72.'-'---------jf-:":~~~_;:_;_~~_+_~_h_~~~~~----L-',>I;+,....-';\~;'.f l "J 'I '_I,".•~."•, ...,'J"'.1'1 I j'<,,,,-.,...(
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MR.BASSI:But it would be effective from that period.
of time.
MR.PIZ ZI:That's ho-wj the trouble all came about,
was t!y~~~;to pay the darn bonding company.
MR.BASSI:If Your Honor please,we would like to
request a continuance for at least 30 days for the purpose
.....-
which are in fact due.
Mrs.Fine of the contempt.
clouded as to the differences that Mr.Pizzi claims
We felt that the issue is really somewhat
expenses and incldental expenses of,$15.00,a month and
I if":~';',i(!f,
yearly clothing:'~liowanc~not to exceed $250.00 a year .
Perhaps Mr.Pizzi and I can agree as to the exact amounts
like an opportunity to reconstruct the bank account and
also to investigate the possibility of the raisIng of somE
funds in-settlement and compromise of her obligation.
is due and that which Mrs.Fine has testified.And we would
of attempting to raise certain monies in order to purge
COURT:Well,it seems t6·me"that on the order of
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•~j',.I ,~~~rch ..t.,~""197,z'<she.,wa:s'~d.~jes!ed~..t\~l..pay:~cer.t~'ih sums
of money,the guardian.She was directed to pay medical
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"'t :.-...,tS6shetookall~he money tiut a~cording to your records,
in.'72,is that correct?
MR.PIZZI:
THE COURT:
Yes.
Which means that at least in the absence (f
any testimony to the contrary,there is probably at least
between $3500.00 and $4000.00.But in the Inventory,
24
there is another $14DO~OO on top of that.So it would
~eem·that in the neighborhood of $4500.00 would be due.
the date o:t:.'th~clo?ing of the savings account.
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't,She:didn"'f"pay them in accordance with thl.~....t.i I.t _.pI.~~).__~\t.~.I'V~~,..'I.."I.
Court Order.I don't know how she can take credit for
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violating the'Coutt'Ord~r~And also she'd have to come In here
-'t ~,~
BASSI:.'You~Honor;that would not give her credi
~~"••~~'...I ,j..,-~j •,,r.<'I'~f ,.$.'\~"'/'."".foramounts which,'she ha's-,claimeC1.'~:she's paid even beyond
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with some sort of affi~mative evidence to show she,in fa(t,
paid this money.She can't presently at least bring such
evidence in here •
Court would find her credibility to be so seriously
damaged as not to believe her testimony from the stand,
I would........
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She's testified,Your Honor,unless the
in light of her past history.She's l~ed to me,told us
-"she's going to bring in an a.ccounting.She didn't do it.•
,She told me on the telephone that she 'had $3500.00 in
the account at that time and'she didn't.She said now
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I don't.believe her testimonY,really,
she can't recollect what she told me.I'm being frapk
to say her credibility is very very low as far as that's
concerned.It seems to me what ought to be done here,
if you can get $2500.'00 together for her,maybe we
could work along those lines and maybe you ,can collect
$1,000.00 from the bonding company.
MR.PIZZI:I told the Court if I could do that,I'd
I,
investigate that possibility.
I haveieque$ted,~he-Court for a 30-day
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•'0 \' 'continuation of thi~mati~r so ihat we might b~able to
$2500.00.
'"~first or the bonding 'company would want to grab the
.'be.mos't thankful._,
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cOURT:;f~-.1 'I::'.-J:'It '~e:;n£~~6 me 'you "d':have .'tb /get the $250C.00THE
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to agree to anything.
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Are you willing?
As I told you before,I am almost afraid
MR.PIZZI:
Your Honor.
an attorney.
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You've got to agree to something,you're
I've been agreeing for over two years,
the Court maintain jurisdiction over Mary Fine.
MR.PIZZI:
THE COURT:
of your client.
Naturally we have jurisdiction over her.
And keep the bench warrant active.
What date do you want to have another hea irig
I would agree under the circumstances,
Whatever you think is in the best interes s
MR.PIZZI:
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on this matter to try to compromise it in some manner?
Today is the 17th.We will have a hearing on this
matter on the 17th of July at 10:00 o'clock.
MR.BASSI:I think I have a hearing on that date,
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That's okay.
THE COURT:Thirtx days from today.we will have ~nQth€r
hearing.Meanwhile,Mr.Pizzi,you are going to look
into the records of the bank.
anything about that?
other $1400.00 that was placed in the bank?Do you know
is that right?
MR.PIZZI:
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I told them to send them anyway.
Were the withdrawals made on the passbook
What happened to this other money,this
Company.
THE COURT:
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If I may say something~~~-
It says Mellon National Bank and Trust
When we first started,I told Mrs.Fine
she did do that.
account to at least earn some money on it.And I think
in the checking account and the balance in the savings
that I suggested she put maybe $500.00 or $1,000.00
Did you have an account in Mellon Bank
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II.o'too?
MRS.FINE:No.That's where this originally came fro.
MRS."FINE:•r.I put the balance into a checking account,
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the checking,account.at·Equibank,or it was W.P.N.B.then~...j f 1 iJ I""','II-,r ..f ~
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27
THE COURT:
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•Y5u'~bet~er check on this other account
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she's talkini{abouL I t
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MR.PIZZI:You know what a checking account is.That's
Western Pennsylvania.
The $4,000.00 we know what happened to.
Jot this down.It was $1423.96 put in a
Yes.
Did you have a checking and savings at
November 29,1971.All this money was at Mellon Bank
and evidently shortly thereafter it was placed into
checking account.And there was $4,000.00 in a savings
account.How about ,checking on these?This was as of
when you write ch~cks.
Yes.
PIZZI:
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some checks or cancelled checks or drafts of these checks
get them and have them ready for 30 days from now,which
It's the $1400.00.
account of $,1423.96.Check on that.And if there are
I'm saying to you she said she had achee'ing
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i~the 17th of July.That's going to be at 10:00 o'clock.
Make a note of that if you will,please.So now,we
will see you back here.Meanwhile,try to reconstruct
this with your attorney,what you,did with this money and let
me say this to you:lying ,is not going to help.You
might as well tell your attorney what the truth is so
-----T------------~----------I--I
he will know howtto help you.He certainly can't help
•
you if you're going to lie to him.So tell the truth to
your attorney so he can help yo~.Meanwhile,try to get
some money tog~ther.This case is adjourned and is
continued until July 17th at 10:00 o'clock in this.
(HEARING ADJOURNED )
Courtroom.~z
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I hereby certify that the proceedings and
evidence 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.
The foregoing record of the proceedings upon
I
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the fear-ingof,t.~e a?0~7)',ca~s~'i}s h~reby.,ar>prpXed and directed
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I...By the Court,
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,---------------..----------------------------
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
THE HONORABLE PAUL A.SIMMONS,JUdge
of the said Court.
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No.63-71-<:590
f r,..,-".,
'l',"t·~I.•
Jl,l}Y;17,1975
W.BRYAN PIZZI,II,.ESQ.,of Washingto ,
Pa.,representing the Petitioner.
MELVIN B.BASSI,ESQ.,of Charleroi,
Pa.,representing Mary Fine,guardian.
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IN RE:
,ESTATE OF
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,)~ELAINE BANAHASKY,)
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"~An Adj:udged Incompetept.)
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11/"•~\\a......r ..,.."~.F J'''f,j.-....'..../""~_,/'."..+'t
JACQUELINE HAMMOND
Official Court Reporter
Orphans'Court Division
2
MR.BASSI:If Your Honor please,this .is the date
•
fixed by Your Honor for a continuation hearing on the
Petition presented by Mr.Pizzi in the Estate of Elaine
..-Banahasky,an/incompetent.Mrs.Fine is presently in
Court.
side
Why dontt you fellows come up here at
please?
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I •J't l".I 'J II --.,'1.,.."-~J~f-'\..~_..-- •,f'~.:,If Your ~onor please,we would then call
, .!~•...".,','r'.t"",Mrs.Fine to!'the ~a}.~'·:·Mrs·:-Fine,will you come up here
side bar a minute,please.
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bar was not recorded by the stenographer).
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N MARY FINE IS CALLED AND DULY SWORN.
was continued for the purpose of you making a determinat~on
of exactly what happened to the money that was in your
Mrs.Fine,at the direction of the Court,this hearing
Have you made an honest and concertedpossession.
iiia:~EXAMINATION BY MR.BASSI:
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effort to make that determination?
A Yes.
Q Have you been able to clearly give me a written accountihg
of the expenditure of funds?
A No,I haven't.
Q Do you have any personal assets from which any money
--------------------------
Do you owe any money?
Is this car free and clear?
Yes.
Yes.
..
'\\",,'ot j i.>,.-H 1<,IyouoWninyourown~name?
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About $200.•00..,.
I tried to,but I couldntt,on the car.
No.
No.
No.
No.
Itts a 1967 F9r~.
f t,t.
•f ,1":'....-..·.';.""-iWhatisits,c~rr~J!-~.valV.~?:t,
Do you own.any automobiles?
No.
could be paid to the guardiants estate?
No.
,
Yes.,_I •.'
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Do you have any savings accounts?
Do you own any bank accounts?
Do you own any real estate?
Do you own any stocks or bonds?
,In your own name?
'C6ul~you borrow any money?
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THE COURT:Were you able to borrow money from any
other sources?
Q Do you have any other sour@"from which you could borrow
money?
Where?
What is his name?
Yes.
Yes.
If Your Honor p.lease,on behalf of Mrs.
George Corbin,Jr.
Fine,we would admit to the Court,'aft~r having previous y
revealed to Mr.Pizzi a defalcation in the amount of
My brother lent me $300.00.
My Uncle Bill.
Did you borrow any money at my request from him?
What,is his full Aame?
William Fine.'
-How much?Tell the Court exactly where you got it •
BASSI:
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ui~$3,000.06,which we have agreed is the amount which
Ito~has been erroneously withdrawn and spent by Mrs.,Fine",
I-Itg and which properly belongs to the'guardian's estate •
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~THE COURT:This is her best estimate after she tried
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ii:~to reconstruct the account.
MR.BASSI:Yes.And that sum has been acceptable
to the incompetentts estate in view of -the inability of
the guardian,Mrs.Fine,to provide a formal accounti~g.
THE COURT:Ma'am,do you ~gree that_$3,000.00 is
,.as near as you can estimate the am'ount due and C?wing
this estate?
r--------II----------------------------
MRS.FINE:
THE COURT:
Yes.
Mr.Pizzi,on behalf of your client;in light
of these circumstances,are you willing to agree that
of this guardian?
--$3,000.00 is the compromised amount of the defalcation
•PIZZ I:If the Court please,under the circumstancEs,
we are agreeable.
BASSI:Do you have a job,Mrs.Fine?
No.But I'm supposed to start to work in September,
part-time.
Where?
With Ringgold School District.
What will be your job?
Custodial work;like if somebody gets sick,1111 take
their place,things like that.
As a substitute custodial worker.
Yes.
COURT:.Speak up;I can't hear you.
Did you,at my request,see if anybody could help you
pay this money back?
Yes.
Who did you contact?
William Fine.
Is .he the person you had initially told me on my
examination of you,that he would loan you money?
I
Yes.
,-----~~~~~~--,,-~~~~~~~~~~~~~~~~~~~~~~~~---
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A $50.00 a month~..
Q Do you think that you can repay the sum of $50.00 per•
Q
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Do you know wpetner.or·not he is willing to enter into
~....'.,;"
any formal written surety agreement to repay this money~i'~'''\..:....1 ~f
,•._l"~t ,...-in the event you fail to do so?
Yes.
month?
Yes.
Yes.
As I understand it,you are -going to pay
I want to report to the Court that our law firm,Your
Honor,has in its trustee account the sum of $300.00
which,as Mrs.Fine explained to the Court,came from
borrowing from her brother.And that previous conver-
the $300.00 on account of the $3,000.00,and then pay
it off at the rate of $50.00 a month.
Did you pay it to me?
You,Mr.Bassi.
Who has the $300.00 you report now to the Court?
Yes.
COURT:
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sations I have had indicate that Mrs.Fine would be
amenable to the repayment of the $3,000.00 at the
rate of $50.00 per month,and I have in Court today
William Fine.,
THE COURT:
MR.BASSI:
Bring him up and have him sworn at the bar
Mr.Fine is willing to act as surety on
,----~~~~~~---..-~~~~~~~~,-----~~~~~~~~~~~~~~~----------
behalf of that.
WILLIAM G.FINE IS CALLED AND DULY SWORN.
EXAMINATION BY MR.BASSI':
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What.is your full name?
William G.Fine.
Where do you reside?,
Monongahela.
How,old are you?
51.
Are you employed?
I certainly am.
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What is your occupation?~t .~,I .,","_,,"•..~"
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1 1m a bur:p.er ......':1'\~.';..
~,..I f:~"...'.'-~J:'~t.'t;.<'•How long have you be.en'ga;:mf,ully employed?i r.•.~~."...01'
Well,with this particular company I worked for them
.for approiimatelY,ten years.I left them and from time
to time I would go back and tha t l s whe're I am right
now employed •.
Are you'familiar with all of the facts concerning the
examination I just conducted of Mrs.Fine?
Yes.
Q Are you aware that she has agreed,to an indebted~ess
to the guardianls estate?
A 1.es •
-'---...-.---""1r-------------------,------------+-~~
are not
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A surety means that although it is a
Mr.Bassi,explain to him-what a surety
!~..'"_It'r .'.~'"'...~,i'-\That if.,she'aefaults in the payment of
the $50.00"by written notice to you from Mr.Pizzi
or from the Court or from a~ybqdy in connection with
the &ncompetent1s estate,that you would have to pay
the $50.DO as if you had originally contracted to pay
asking any inter~st on this;you just want the bare
to repay the sum of $50.00 amonth until the total sum
primary or it is the direct obligation of Mrs.Fine
is legally right now in plain English.
Absolutely.
Are you willing to assume a surety obligation for paymen
of that sum of money,per month in the event she defaults
Yes.
In the amount of $3,000.00 for which she intends to make
a payment of $50.00 per month •
BASSI:
COURT:
MR.BASSI:
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!:!.-<"~,of $3,000.00 is,paid----1-,.•en f"....o ""I,~"•..#/"-
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that sum of money.
MR.FINE:
THE COURT:
I understand this and I'agree to do it.
Now to Mr.,Pizzi,it is my understanding
that you would not agree to this compromise unless Mr.
Fine agreed to this,is that correct?
---~t---------------l--
r-------""1r--------------------------------------.----
MR.PIZZI:
THE COURT:
Tha t is correct.
In other,words,you are relying detrimenta l~
on Mr.Fine to make the payments himself or see that Mrs
Fine makes the payments or you wmtt enter into any
when you say this.
incompetentts estate,you are saying that you would not
Yes,I am,Your Honor.
You are speaking on behalf of your client
I want Some surety.
In other words,as a representative of the
Exactly.
compromise.
PIZZI:
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you to act towards settling this matter,is th~correct?
advise your people to settle,but for this promise of
are going to
AbsolutelY,since she is not gainfully
His promise to guarantee this is what CaUSES'
employed and he is.
/tAndweare",not going.1.to press any charges against this
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lady 0T take any further ac~ion ag~inst her,relying
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on_sou to ,ma-ke,i str'e;·t1ha t ~$~O.00 come s in every month;
Mr.Fine.
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t-I •~i of •~,",,."I;.....11 I \,:',"'-.',,1',. • •:~',:,'.f·8THE ~'p~+:.'..I:",:...''.i,~?JlI:5!1~~r~~ar:q.,'~r ••:IFlI~~,,.:you
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Thatts fair enough,isntt it?
MR.FINE:It will be there and I guarantee that by
this:I collect compensation from World Wa~II,and ,I
get my check on the first.And no later than the 4th of
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to be.
the month I will have that money in whatever bank itts
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you the best thing to do is take it up to Mr.Bassits
to have to remove you as the guardian.
money is transferred over to Mr.Pizzi.I think that's
up and leave it with his secretary.Mr.Bassi doesntt
You are sup~osed to send that---I'll',tell
office ·and he will see'thatitis s~nt to Mr~Pizzi•
only three or four miles from your job.You can drive
.Just physically take it to his,office because itts
have to be there.Leave the cash there;his secretary
will give'you a receipt for it and he will see the
these circumstances.Mrs.Fine,you know we are going
your best mechanical way of taki~g care of it,under
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Yes,I understand.
in regard to the entire matter and the matter has come
on for hearing,a potential compromise has been reached
this morning.
follows:
The Court will at this time remove
So at this time,the order will be as
After the Court ha s h.eard ~'the::;t8s timony
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Mary Fine as the guardian of the Estate of Elaine
Banahasky,an adjudged incompetent.You are now removed
However,the Court removes youwithout prejudice fo
proceed against you further if this money is not forth-
comj,ng,namely the $3,000.00.
The Court will also,at this time,by
(YY'n~T'l\TOW thi~17th n:::lv of'.T1Jlv lq7r:)t.hp C01Jrt.doe~
.---------~-----.11----:-------;-----------------------
11
in fac~;approve the compromise that has been stipulated
to oy the counsel for the parties and agreed to by
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Mrs.Fine and Mr.William Fine,who has agreed here
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,before the C6urt unde'r oath,that,rhe.would".in 'fact,act
.1.....""'""t'.~.,,J',,'"If'~,(","._',~,"~,..+'~'\.t :/;'.1 ~.,~/"'"~t'{!r.i ,;;'.'.•..,:,'•as surety to secure the obligations of Mary Ann Fine to.'....the Estate 6f Elaine Banahasky,an adjudged incompetent.
,,~If"1rt,t"·.._ I 0:"f_~'•,.t At'thts 'point·,you folks can take your
seats,and}'fe'a.rB:!g9;in:g'..~o'~ow appoint another guardian
upon motion of Mr.Pizzi.Mr.Pizzi,do you have anybod
in mind you feel could act as a guardian in this matter?
Yes,Your Honor.I have a Mr.Obed R.
Honor ,.this morning.
and raise your right hand so you can be sworn?
Lewis,who is the brother-in-law of the adQ.udged
Is he willing to act as guardian?
Mr.Lewis,will you stand up,please,
Yes,he is,Your Honor.
Mr.Lewis is here in the Courtroom,Yourincompetent.
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THE COURT:You heard the representation of Mr.
Pizzi,who is the attorney for this estate"of Elaine
Banahasky,an adjudged incompetent.Are you willing
to act as the guardian in this case?
MR.LEWIS:
THE COURT:
Yes.
Now we are going to,at this time,appoint-.---r------------.:~--~~-J-~
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Mr.Obed Lewis as the guardian of the Estate of Elaine
Banahasky,an adjUdged incompetent~and we order him
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"to post.a bond in the amount of $3,000.00 as surety
to see to the proper carrying out of his duties as a
guardian of this estate •..Also,we want you to render
-periodic accountings of'your stewardship.As I under-
stand,you anticipate,Mr.Pizzi,as counsel for this
her
estai~,/to pay $50;00 a month.In other words,when
this money comes in,with the exception of the $300.00,
you ~re going to pay this directly to the mother of the
incompetent for the purposes of her support,.is that
save some money if we can,every month.
and pay it out?,"
incompetellt---
I~m not sure,.YourHonor.We might try to
-Tsithis going.to be an in and out thing
We want to know.
correct?
or not?
·-.fHehas'·a ·saVings account.~•~•,I ;;f~'••...~...::,......
In other words,~s this adjudged
•,,'~'•'"A i '.'........,..1','does she get Social Security?
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Yes,she nas some income.
Is it necessary for any of this money to
be used for her maintenance?
MR.PIZZI:Yes.
THE COURT:'How much of It?Let's find out right now~'-------ff---_":"'-'----:----"'----:----~-----~~---:--t--:------j
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so we won1t have any problem.How much Social SecuriGY
does she get a month?
MRS.BANAHASKY:I get $125.00.
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MRS ..BANAHASKY:
THE COURT:
Each month?
Yes •
Is that the'sole amount of]][)ney,you get
$90.00 received by way of .child support from Mrs.
Banahasky I S former husband.·That I s for two children.
Dqe s she ha,~~~~~s~ia~c,.e;?~i ~.:se some'thing would happen
to her?Like a burial"fund and also emergency fund,
for her suppor~?
way
If the Court ple ase,there is an a dditiona
Yes.
I don1t think'it1s necessary for any of
You1ve got enough
She ge~s $45.00 of that.
I~think this e~tire amount of money ought
Is she insured?
Yes.
support that girl,don1t you?.,"r·'t,I try'.my best",but'you know the
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tha t $50.00 to be used,..is there?
money to
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to be ,set aside''id'a 'sa~virigs account.,•j I ..,j'-~-'"
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iii~..Ii:MRS.,BANAHASKY:o'I JD.,,1 1r ~of •11.1 ..~.~t~\.J the'expensesto-•If'"l'~-.~THE COURT:u
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so the Court is go~ng to direct this entire $50.00
be deposited in the bank and it is not to be used for
any purpose at all until ,further order of Court.So
you will get the $50.00 and put it in a savings and
loan of your choice.And you establish an account withI1-,-----~--~----------~------:---------+---1
14
the $300.00 that you give him and each $50.00 will be
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depositedin the savings and loan.You've got enough mone J
there,Ma'am.You've got $170.00 amonth.That certainlJ
is enough to take care of it.
"
MRS.BANAHASKY:Tqat money that I get from my husband
and her Social Security goes for groceries and bills
except to put it in the bank for interest until further
money is going in the bank.That's where it's going.
and to pay the rent.
So thatIs :it.
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ThatIknowthat,but $170.00~is enough.
You're not going to use it for any purpose
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money in a savings and loan at interest •
all you people are,going to go over Mr.Pizzi1s office
know where the money is.So you are directed.to put this
notice of this Court,to make sure this girl has something
in case of an emergency.If she needs the money,we
As I understand it,
If the Court please,he is going to have
Less the amount for the bond and reasonablla
to pay for a bond.
attorney's fees for services.
and sign the papers.
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"..Stenographer's Certificate
•I hereby certify that the proceedings and ~vidence.
Certificate of H~aring Judge
The foregoing record :of the proceedings upon the
to be filed.
are contained fully and accurately in the notes taken by me
correct transcript of the same.
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.J~hearing of the above cause is hereby approved and directed
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By the Court,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSyLVAN A
,FAILURE TO MAKE AN ACcOUNTfNG
SHOULD NOT BE HELD,TN CONTEMPT OF COURT AND SURCHARGED FOR
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No.63-71-89"0 ".:;:~:---_...:--
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This is the time and place set for a
W.B~YAN PIZZI,~II,ESQ.,of WashingtPn,
\Pa~~r~p~esenting the Petitioner.
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f .T'll~~day;"lanl:1f;lr~"28,1975.
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.-\~THE.HONORABLE PAUL A..SIMMONS ,.Judge~~'/,J _o"f.~:th'e<sard Cou'rto'f"~,'.f
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"ORPHANS'COURT DIVISION
Banahasky filed at Number 63-71-890.
.hearing on a Petition filed in the Estate of Elaine
BEFORE:
ELAINE BANAHASKY,
TIME:
APPEARANCES:
IN RE:
ESTATE OF
THE COURT:
An Adjudged Incompetent.
HEARING ON PETITION FOR CITATION TO SHOW CAUSE WHY THEGlJARDI~N
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This Petition is filed by Mr.Pizzi
as the attorney for the adjudged incompetent,
requesting a titation to show cause why the guardiah
In this case,a Mary Fine,should not be held in
contempt of Court and surcharged for-failure to make
-'----,------H-----------------:-------------------I---I
~~~~-~-II--------------------------------
I 2
an accounting.Mr.Pizzi.
MR.PIZZI:May ft please the Court,the record
Return.
had $3500.00 left in the fund~Do you have any
turn it over to Mr.Pizzil She said she thought sh
for Citation.I return to the Court the Sheriff's
Your Ho~or,r think there was around
idea how much money should be in the fund?
MR.PI ZZI :
phone with the money that she does have on hand anI
that maybe there was a shortage in funds.I told hEr
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, '•\.','.f \j -,that perhaps she ought to get over here at least b
shows 'and:I am holding in mj hand the Sheriff's
return ~howing thaton Monday,January 6 at 1:30 P.M.,
Deputy Sheriff Ferdal Littleton served her personalUy
Your Honor,Mrs.Fine has not appearEd
at her residence,465-467 East Main Street,Mononga~ela,
Pa.and served her both with a Citation and a Petition
II 'discussed the 'mat'te~,*\with her..She seemed to indic"te
t "t ~'E ~:'~;6/t'l't
at this time neither in person nor by counsel.
v -">+f."?<'".•THE COURT:,Let "the recor.a snow that pr lor to COIl ing
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i...':':~~in::toi.q:)Ut+t~-.th'e Co-ur:t"~'caJh~AIMr.s {I.t~ine/a t her re sidE nc e
at 465-467 East Main Street,Monongahela,and
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$5,000.00 originally.I am sure that the incompet nt
received benefit of probably $1,000.00 through
attorney's fees,doctor's fees,etc.So that would
sound about right,'in that area.
THE COURT:She said it's about $,3500.00 left an,-'-----tr--:~~~------.::::.:::::::-.::..:::..:::.:=--:::...:::~:..:::::.:::~:::..::::~~~4-~
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she maybe did not spend about $300.00 for the
incompetent,and on the contrary,made an unfortunate
expenditure of maybe $300.00 or so for herself that
•
she admitted to on the phone.I don't think the
Court will hold that against her.But I think the
Court will make the following order now.It seems
that we are to a point where something has to be
done.We certainly have been more than generous
with this lady~We had a hearing ton August 22,
.t,'.1974,at whi~h time "it,was promised to the -Court
1"f W"\...:\.I .J,"'\I'I·•~~!'f .f.\1 till"r(~<,"1..~.,.,...I ,"•I •"_~~!'.....,,.....,.~,,JI _l_~f'/'"_~\._
by "Mrs.~',Fine thciti'she'would'account and tha t she
would bring the mbriei'in.It is my understanding,
,..."...-.','".Mr.Pizzi,since th1::\.t'tt'ime 'she hasn't done either.
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No.And T·,Rt·tached -to the Petition~.~~.'.~"'-\",""..,~l.'1'~.....,...,..:1~,~...~\
various letters written to het and called her
numerous times.She would break appointment after
appoin~ment.
In other words,you made a very
conscientious ~f£ort to try to get this woman into
Court.
I really did.
I think we have no alternative excep
to do this.
* **',* * * * *
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I hereby certify that the proceedings and 'evid~nce
are contained fully and accurately in·the 'notes taken by,me
on the hearing of the above qause,and that this copy is a'co rect
transcript of the same.
.'".
The foregoing record of the proceedings upon the
hearing of the above cause is hereby approved and directed t
be filed.
By the Court,
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.aul A.Slmmons,J.
~-----c----------------------~~
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA=
ORPHANS'COURT DIVISION
Judge of
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""'\.11-'0;>(rJ (..~....)WHY CITATION SHOULD NOT Bff~SSUED
GUARDIAN
)No.890 of
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The HONORABLE PAUL A.SIMMONS,
the said Court.
ESTATE OF
ELAINE BANAHASKY,
IN RE:
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Z~HEARING ON RULE TO SHOW CAUSE
AGAINST THEzo~CJZ
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file an.accounting.
for a hearing on a Rule to Show Cause Why Mary Fine"
Guardian in the Estate of Elaine Banahasky should not
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If the Court please,this is the time se
Do you want to interrogate her?
August 22,1974 at 11:00 A.M.
~W.Bryan Pizzi,II,Esquire,of Washingt(n,
Pa.,representing the Petitioner.
COURT:
PIZZI':ui MR.
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MR.PIZZI:Yes.
MARY FINE CALLED AND SWORN:
EXAMINATION BY MR.PIZZI:
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..Let me,-say this primarily,you don't•I·
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I ~-"I,if ~.p ~',I'"'..' .,_.."f/'';'~I':.,,'have an attqrneYI'do you?.,,;,
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A Not right now.
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You don't know whether it's necessary'
that you have an attorriey?
I don't think so.
she does need an at~orney.
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PIZZI:In talking to Mrs.Fine,I don't think
.-
you understand?
would not be proper for you to have to submit that you
should not incriminate herself in any manner.The
Let the record show that this young lady
suppose~charge is that you misused some funds and it
-had done this without the benefit of any att~rney,do
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Yes;I understand.
doing unless you have an attorney.You do not have
to incriminate yourself or admit that you had done
anything wrong.We want to protect you in.any way.-
You do not ha~e to admit to any wrong-COURT:
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THE COURT:Are you willing to tell us about this
estate?
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Yes.
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Will you give us your na~e~
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Mary F'iAe ,j '""'.'"""~~'..':t".'.t ~.';;.f'~,,_/I-••J ~f 1'.'~,~:,~f 1._l.,~~,t·"",~.".tI.'...~ril ..ill .,.~':,',t........~"~~'",.".-'\.-~,......."~Mary;give us your present address?
R.D.1,"Finleyville.:
\.",I..1 J ,¢"~'ll'~,~.,,_'t¥;/,._,/~'~!'~.~.f'.'1'1JHowtold,are"you?""
Are you married?
Yes.
How many chiddren do you have?
Four.
Do you recall that in November of 1971 you were
appointed as guardian of the estate of Elaine BanahaskyD
Yes .
This was at the mother's request?
No.
Yes.
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Are you related to her?
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Mrs.Fine,do you recall what the assets of the estate
.are?
A little over $5;000.00.
MR.PIZZI:
THE COURT:
If the Court please,I think that's righ~.
Was an inventory ever filed in this case?
.
MR.PIZZI:Yes.'I'm looking for it.The invento!y
because that's where I'm at now.
In the.Union National'Bank-in Bentleyville where I
or savings account book?
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"Same place.
Did you bring with you either the checking account
in storage.When I was talking to you this mornlng
and stuff is in a little box in a gun gase and it's
My furniture is in storage and all the banking books
I took the check book out of my purse and laid it
used to live.I wanted to have it switched from
Where is the checking account?
the Union National Bank to the Equibank,in Finleyville,
Where is the savings account?
There is $3,580.00 and in the checking account there,.~.,...,\~l''f 0''''''•.,.1;....1_,,':It ',1 1 ",'il i.,''".~~.".,...p,}.;. ;..,tis$555.72..
Mrs.Fin~~what are the present assets of the account?
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How much',mine'y--1s >1.n "the savings account?
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shows,that '$5,423.96 --that was in November of 1971.
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Q -If we need them you can get them?'
A Yes.
THE COURT:Are you in a position now to get Mr.Pi~zi
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an accountfor how ~ou spent the money and so forth?
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I would have to go home and check where the books are.
Ma;;y,over the past year,starting with last surruner,
I sent you many letters regarding the account and
you never answered~and I tried to call you.Will
you explain to me and the Court the various things.
that happened to-you?Tell the Court what happened?
Last June I was going home from Mon City to BentleyvillE
and I was raped.I haven't been myself since.
That case has been to Court and is over with?
Yes~it's over with.We came here in Novembe~,which
to be exact.I had to go before the Grand Jury and
everything.Two days later my son was killed.He
was seven years old and he was hit by a car.
Was that a hit and run?
Yes.Then I came back in February for the trial.
It didn't go to Court because the guy pleaded guilty
and he was sent to Greensburg.Then my husband and
I separated and we just got back together the end of
June.That's it.
THE COURT:You've had a pretty tough time?
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""':I <il .#I ,,'.~"I'-,'~j.J'I I.~.~tJ,I ,"i"(~<to'~to IMary,.are'you now ln a position'after
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A Yes.
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Do you feel better and understand your duties?
Yes.I explained the checks and things to you
this morning.I didn't understand like the bond
payments.I thought it had to come out of my
.
What was that money spent for?
Her mother called me and asked for so much.I was
pocket and I know now it comes out of the estate.
You spent close to a thousand dollars.COURT:
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Yes,and doctor's fees:and .a couple of other things.
I think at the time Mrs.Fine was appointed guardian
that \;'I,udge Marino said that minimal amounts that
didn't exceed $50.00 could be paid out on demand~:
Like for clothing or whatever she wanted.She's not
a child,although she reminds me of a child~She's
smart at times.
l}COUld,;l~u ,?lrrange for an accounting as
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(PROCEEDINGS CLOSED)
filed.That will give you ample time.
(Furth~r discussiori not reported).
I've give you until November.1 to get the accounting
.•All right.ori the 10th of September,
I .think.so too.~~•+,J!"~~i .'i .
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Mrs.Fine is to report to Mr.pizzi for the accounting.
THE COURT:
MR.PIZZI:
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haron M.Harmon
Court Reporter.
The foregoing record of the proceedings
upon the hearing of the above cause is hereby approved and'
directed to be filed.
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'1 ."r';!;/;I ;.?er:e~'y certify'that the proceedings
•~..(";-.,,,tL,;'~{.'~~'~t'!',.~,ilIl ·l.........~",'10.and evidence are contained fully and accurately in the notes
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oJ>-UI~copy isa correct transcript of the same.
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IN THE COURT OF ;9~lVVV10.NIFLEAS0r:W~SHINGTONCOUNTY,PENNA
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IN RE:.
ESTATE OF
HEARING ON PETITION.FOR APPOINTMENT 'OF G UA RDIA N
ELAINE BANAHASKY,
~an alleged inco'mpetent.
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incompetency proceeding?
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BEFORE:
A PPEABAN:GE$:
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THE COURT:
MR.PIZZI:
THE COURT:
MR.PIZZI:
"THE COYRT:
MR.PIZZI:
THE COURT:
lV1R .P.IZZI:
THE HONORABLE P.VINCENT lVJ.A RINO,
Judge of the said.<:::o.urt,.5.!1
BRIAN PIZZI,ESQ.,of Washington,Penna.
rep[es entin~t~e PetitioneJI':l
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.1vJ,onday,'September 27,1971;att11:00 olelo k
:A.M.,EST.
Mr.Pizzi,were yqu ready with the Banahas y
,Yes,I am,"Your Honor.
Are"you going to call a doctor in this?
Yes,"a psycholog'ist.
The doctor is here.
Well,who els e are you going to call ?
.'.
The mother.
?
2
MR.PIZZI:Yes,~he is out in the hall.The da,ughter.is with h r,
Elaine.
Q We can get.started on that now.It's'just ac.ouple minutes early.
We will get started .
A My name is,Floyd Livingston.P~nnwith Interm~diate Unit 1',Spec al Ser\f
filed ,and made part of this record.It having complied with statut ry
Q Dr.Penn,will you please stateyour full mime and .bus iness addre '8'?
vice Office,65 ,south College Street in the Citizens Liba::a:ry BUi~ing.
•Islgneq
All right.We will order the Affidavit of Service..
One matt,er',Your Hbnor,is the :AffidaVit of Servic
pursuant to your order.
9Y Mr.Rosenberg who served Elaine in his office on September 7
may call you r witnesses.
EXAMINATION BY lVJ.R.PIZZI:
requir~ments and with the Interlocutory Order of this Court.You
DR.PENN IS CALLED AND SWORN.
Q That.is in Washington,Pa.?
THE COURT:,
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A Yes.
Q Dr.Penn,what is your profession?
A My profession i~an educator and psycholog~st.
Q ,By whom are you employed now?
diate Unit'I.This would h ve
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been the counties of Washington,Greene and Fayette,but as of .
July 1st,.the new state organization ma'de this an intermediate un'
This 'is ~.special services?
This is a special services office.
,Are you authorized t,o testify here 'today?.
,.
"I've beal authorized to testify by the Ringgold School District,
Dr.John Griffith,'the Superintendent.
Will you pleas e tell us)riefiy you r educat ional background?
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I obtained my Bachelor's Degree at Qalifornia Stat e College.
My lVJ~aster's and wn,y Doctor of Philosophy Degree at the Universit~
of Pittsburgh .
And ~hat is your Doctor of Philosophy Degree in?
I had a'dual major;education and psychology.
Dr.Penn,where were you eIflployed prior to coming to the
Washington School District?
Prior to July 1st,1970,I was with the Mt.Lebanon School
District as'an administrator.
And how long have you been in the'are~of educational special
services?
AbouEl 30 ye<qtrs.-
Are you a;certified pul;>lic school psychologist?
Yes.I,am certificated by the Commonwealth o~Permsylvania.
,Could you tell the Court briefly what exactly is a 'certificated pub ic
school psychologist?
3
A A public school psychologist,according to the Commonwealth,is
"one w m is able t,o 'adminis'ter individual psychologiBal examination~
,"tostude~ts in schools and who makes recommendations as to their
pot~ntial and their acade~ic work,prognosis as to future.
Areyou a'member <i :any professio'nal organizations?
I am a me.mber of many professional organ izations.Probably the
one 'that wOuld be most important in this case would be the American
Psychologistll Association.,Also ~he Pennsylvania PsychologirQa,1J.
and the Pittsburgh,PsychologiG8..l.
~ow in your capacity in,the Washington School District,do you have
acc'ess to the p'sych.ological.data and records of students who are
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enrolled in specia,l educahon classes?..
~es.We have permanent .files oriaH the students who have been n
.class'es that are under or l;1.ave been under the supervision of the
Washington County Board of Education and now part of Intermedia e,.
Unit 1.
Will you briefly explain the various tests that are given to childn n
to determ ine their intellectual poten'tial?
There are a number of tests used by psychologists but probably
those used most often are the StanfmuGil Benet and the Wexler
Scale for children.There are many others but,th.ese two are
commonly used.
Q And doctor,did you at my request,examine the records of
Elaine Banahasky,who is the alleged incompetent?
A Yes,I did.I examined her folder.
4
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Q Do you have these records with you in ,the Courtroom?
A I have the records.
Q ·Vvill you tell the Court briefly----
•THE COURT:
minute.
Just a minute .Let me interrupt here a
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(At the direction of the Court,off-the-record discussion was not
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Vvhat do the recoras show?
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You may go ahead and test:ify as to your
.,
nmv or on my staff who has 'ever seen this girl.,-.."I ,.-A ...-,'.'.
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I would like to say,.Y6~r 'I:1o~or;:.~here are no people in my office
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knowledge.
Elaine had been examined at tJ;1ree different times by psychologists
who were employees of the Washington County Board of Education.
The first was in 1958,and at that time the examination indicated
that Elaine was a severely retarded chj.ld.Sub:sequent examinatior s,
the last being in 1965,confirmed the original diagnosis.
Q Do the records indicate the intellectual potential of Elaine?
A .The intellectual potential of hel;approximately,according to our
records,is that of a seven year old child.
Q -What type of education did Elaine receive?
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sever®.ly retarded child she was enrolled in what we call a traina~e
class or day-care center.And she continued in that type of class
throughout her schooling.
6
Q What is the goal of such a program?
A Yes.Elaine attended school until her 19th birthday..always 'vhat '~e
Q From the records,can you determi'ne how long Elaine attended
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A The goal of such a program,the trainable pro:gram is self care,
adjustment to social situations,communication,skills,physical
coordination.We really 'vant these handicapped children to be
able to take their place in the community with the mother,'vith the
father,brothers and sisters,go out into the commuriity without
total embarrassment to the parents.
such a school?
call a trainable program.
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And to make sure that the record is clear,you have not examined
Elaine?
I have not examined Elaine.
You have only examined the records pertaining to her?
Only the records,sir.I talked to Elaine briefly this morning.
Q Dr.Penn,'vere you able~_.to dra'v certain conclusions regarding a
person in Elaine's position from the records you have studied?
A
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'.Yes.From thei recor?s I have studied,a~so I had my staff go
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over-the records also'because my'staff is young and I wanted
7
potential for a child like this is one who is constantly needing.
supervision,'vho must always be within the horne or under su pervi ion
in 'vhat we call 24 hour residential situation.These children are
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never left alone .
Wot11d a person with Elaine's mentality and potential improve beyOl d
a certain limit or would it stop?
They do not improve.If anything,they might regress.
In your opinion,from the records vvhich you have 'carefully
reviewed,would a person with Elaine's potential and mentality be
able to manage her property or care for her business matters?
No.She 'vould not be able to do this b~cause of her severe retarda ion.
S;
She is more like a seven year old child.But compared to/normal
seven~year old child,she would seem even grossly retarded even
then.
Your Honor,I have nothing :further of Dr.Penn.
.We have no further questions of Dr.Penn.
You're excused.Thank you,Doctor.
(Witness excused).
MR.PIZZI:Your Honor,I will bring in the mother.
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8
ELEANOR BANAHASKY IS CALLED AND DULY SWORN.
DIRECT EXAMINATION BY MR.PIZZI:
Q \7V ill you pleas estate you~name and addres s ?
A Mrs.Eleanor Banahasky,R.D.'#2,Finleyville,Pa.
Q Are you the petitioner in this cas e?
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No,I am not.
No.I'm divorced.
Are you employed,Mrs.Banahasky?
Yes,I do.
Are you pr.esently married?
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Do you have any other children?
Yes,I am.
Wh,at is your relation to Elaine?
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.I am her.mother~.~.~
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ltiII:III~Q How old is Elaine?oII.III~A Elaine '.~ill be 22 October 3rd.
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jo~THE COURT:That is this coming October.
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u~A Yes.o
Q VVhere does Elaine reside?
A Elaine lives at R.D.#2,Finleyville,Pa.
Q Mrs.Banahasky,when Elaine was growing up,did she require mo e
attention than your other children?
A Yes,she did.
Q And why '~as that?
9
A On account of her condition.She 'Nas slow,slower than the other
children.
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Q
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when didyou first notice that Elaine 'vas slo"ver than the other
children?
When she was almost 1;I;V0 years old we had to take her to Children'
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Hospital in Pittsburgh and they examined her and everything,and
they said that she had thyroid deficiency.She didn't wall\or talk
until she 'vas three years old.
Did tti.ey tell you that Elaine would not be as quick to learn as your
other ch ildren ?
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Yes.They did.They told me she 'Nouldn't be able to learn like the
other children .
Did Elaine attend school?
came and told us to keep her home until she's 7,and 'Ne started he~
they kept her in there for about four months and the school nurs e
And so 'Ne had to send her to school for exceptional children in
to school again and she wasn't learning as fast as the other childre 1.
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Did you send her to this school for exceptional children?
North Charleroi,Charleroi,Pa.)don't know where it is.
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She attended school until'~h'e'~vas'19.
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A ]fes.
Q After Elaine got out of .school was she able to obtain a job?
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A No.She can't support herself.
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Has Elaine ever been able to care for herself?
Well,she can take care of herself,but I mean she can't go out
to work.She can cook things for herself and take care of herself
like that.
Let me put it this 'Nay:vi/ould Elaine be able to live by herself and
take care of herself?
No.She cannot live by herself.She has to have someone to live
'>.Jith her.
Are you able to lea'Ve Elaine at home by herself when you go out
or must there be some body to watch her?
I usually don't leave her home by herself.I have her older sister
be with her .!:Maybe she couldn't,i don't know.
Does Elaine have certain money that your mother left for her
in the bank?
Yes,she has money coming to her fr.om my mother;that's her
grandmother.
An<;i Y9l?~mother is deceased now?
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Q This money was left in a bank account for Elaine?
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.How much money is in the bank account,if you know?
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A As far as I kno1v,there's $5,000.
Q Now would Blaine be able to look after this money if it were handed
to her?
No,she'd'have to have someone else to,you know,,look after her
and buy her things that she needed.
Mrs.Banahasky,do you know a Mrs.~M,§l;ry Fine?
"
"Yes,I do.She'f?~a.very.~o?~,r~~~~dof ~ine.t1,\Ie,Hv~d~ex~door
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to me and I babys~.t,for her for seven years.
'.Is she the propos~d'gu§lrdian,inJhi~case?
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Yes,she is...-.~I t ~'\'Is she related to y6u in any"vay?'
No,she's no relation.
If you know,does she have any interest that would be agagist t
Elaine's interest?
No.She has nothing agains t Elaine.She likes Elaine very much.
Do you have any objection to Mrs.Fine acting as guar dian for
Elaine?
No,I don't.I think she can be trusted.
Your Honor,I have no more questions of Mrs.~anahasky.
(At the dilirection of the Court,off-the-record discuss ion was
not recorded by the stenographer).
(Continued examinat!on by Mr.Pizzi):
Q Mrs.Banahasky,has Mrs.Fine gone to high school?
A Yes she ilraduated from school.
11
Q Do es she o'vn a home?
A No.They are renting.
12
•
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Is she married?
She is married.She '$-;,got four small children.
Does she tak e care of her own home?
~A Yes,she does.I have never been in her home.Only once,but
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11..Q That's aU I have,Your Honor.zol-ez
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Mrs.Banahasky,your mother died in 1967,did she not?
Yes.She died in '67.
Well,upon her death.the bank account that we are concerned 'Nith
nO'N,that 'Nas in the 14th Street Branch of the Mellon National Bani
and Trust Company in Pittsburgh,was it not?
Yes,that's where it is.
Now since your mother died in 1967:.'Nho has been looking after
this bank account in the bank?Was it you?
,Well,yes,I was.because I'm her -mother and her guardian.-.~.
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She .lives with me.,you'know.
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your mother d,ied'?:.
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No.they,didn't.1 have the bank book here if you want to see it.
Q iYes,let me see)it.l i..:-"':1,'
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Q This bank book that she has demonstrated is in the Mellon National
Bank and Trust Company of Pittsburgh,'and it indicates there is a
ba.lance due in this account now of $5,073.77.
(At the direction of the Court,off-the-record discussion was not
recorded by the stenographer).
Mrs.Banahasky,doyou under.stand what a guardia.'n does if the
Court appoints a guardian for your daughter?
Yes.
What does the guardian do?
She takes care of her.I mean she's going to be like a mother.
She takes care of her,that is correct.But mainly what v..;e are
interested in here from the Court's standpoint is that that guaroian
takes care of the money.
Yeah,that's true.will she get the money,Mrs.'Fine?
Well---
The reason I'm doing this,pardon me,so the bank don't hold that
money,the bank don't have it.That's why.I 'vant her.
Just to explain this very briefly to you,'vhen the Court appoints
a guardian,that guardian will be in charge of the money.We can't
r,
say she'ge.ts>it.She -wouldn't go to the 1:;>ank;and...ta~e out the money
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But she is in charge of ~that money 'vhile she is acting as guardian.
And she could actuatly tak,e that money out and put it into somethin
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else if she wanted to make -a different type of an investment.But
..t,.•~.~:"4 ~"-'I_~'~,
it's her business to 'invest that'money and to get whatever return
14
she can from the money and use it for your daughter.That is her
job.But we must pick a person as a guardian that is reliable and
responsible because 've don't want \someone who is going to get
their hands on this money and spend it for themselves.
,.
And we have been real cJoEfe to each other
And 'vhat does her husband do?
He's a butcher?
and I don't know,I
.(..
Tha tis why she asked"me if
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Yes,
And t~y have four children?
You say she lives near you?
Well,she dElesn't live near me now because she moved.She lives
At the grocery store,super market?
Yes,in Mon City.
She's got four,
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How many children does she'have?
Yes.
She's 28 years old.
she could be appointed guardian,of any money and I says yes.
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Well,her husband works at Bartolotta's.He's a butcher.
Well,that's true,Well,I have known h~r for seven,eight years,
'myself,I figure sh_e could be trusted.
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in Mon City and I live in Finleyville,She calls me everyday and -
we talk ,for an hour on the telephone and keep in touch,
Q Where is Elaine livinl!no'v.with vou ?
--~------~~-~-------------
15
A Elaine i~living 'vith me in Finleyville,R.D.2.
Q And you are divorced?
A ::les.My divorce was just through March.
Yes.
What do the other t'vo do?
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Are.they all.in sc;.hool except Elaine?,..
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Well,my daugh,tertPatty '~oes.~o.school.She's in her last
One son is married.
13 .
Henv old is the youngest girl?
And you have four girls at home.
Not all.My son is married.He's on his own.
You are not working now?
One?
No.
How many children do you have?
I have the girls with me,four girls .
Are they all at home?
well,.I have five.Four girls and one boy.
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year.She's 17.And my daughter Barbara,.she will be 19 in
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October.-Well,she isn't '~orkiilg.She's at home.She helps me ou
because I go to the doctor.I have high blood pressure and I have
abad heart and I have to take it easy,so Barbara works at h~me.
And then there's Elaine.
So.you are not working?
No.
And you have no prospects Of 'vorking because you'are not able to?
I am not able to,that's true.
What income do you have?
What incorne I have?I get support money from my husband and
I'm on relief.Because w(tat he gives me,that isn't enough and
I can't manage just on his paycheck.
So you believe that Mrs.Fine--,,,hat is her first name?
Mary Ann.
Do you believe that Mrs.Mary Fine could be trusted and would
make a good guardian for your daughter,Elaine?
Yes,I do.I can trust her.She's honest.What she has to say,to
a person she will tell you to your face,and she won't go behind
your back or talk.about you.
What we want to know is '"hether she will properly loo~after this
.,
money'that belongs to ;Elaine.Do you think she will?,:,,' '.r ''.' .".~~.~..•".~f.~......,~,.I :r41
Yes,I viill,'Your Honor.
No.Do you think she will ?....0,
16
Mrs.Fine?,'.."
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Yes.Y~)UIre not going to'looKafter the money.
17
Q All right.I believe tha t's all the questions we have of you,Mrs.
Banahasky.You're excused.
MR.PIZZI:Your Honor,to satisfy the Court we could
have Mrs.Mary Fine come in when 1ve have the doctor.
And we will set it at a later date.
&''..J"t .·.{Fry to bring her in when the doctor comes n.
Yes,it would be well for her to come in
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there are a fe,v thi'ngs I'd like to explain to her.because
VV e had planned on bringing her in today anc
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she could not come today and ,ive did not want to postpone everythin~.
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~~THE COURT:Yes.We won't set a date for it now.YouIIii
~get a doctor and let the Court know when he can come in and weuC:I.,'vill fix a time for the hearing.:t.."l'I
=*********1&1ItoII.IIIa:...On Thursday,November 11,1971,at 10:00 o'clock A.M.,the followinga:
:Io~'occurred:
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MR.PIZZI:Good morning,Your Honor.This has been
the time set for the taking of additional testimony in the case of thE
appointment of a'guardian for the estate of Elaine Banahasky at
Number ::63·~71-890.
THE COURT:And you have your medical witness here tOI ay?
MR.PIZZI:
THE COURT:
Yes,we do.
You may call him.
18
..,
•DR.M.S.STEVENSON IS CALLED AND SWORN.
DIRECT EXAMINATION BY MR.PIZZI:
Doctor,will you state your full name please 7
Dr.'M.S.Stevenson.
And your address 7
3516 Washington Avenue,Finleyville.
What is your professicn 7
Medical practice.
Are you lic ensed to practice medicine in this state 7
I am.
And for how long have you been so licensed 7
Since December,1934.
And from what medical school didyou graduate 7
University of Pennsylvania,Philadelphia.,\.'
What hospitals 'are you~associate'd'Nith 7"•
'..,.....t"~olj.,'I •
Monongahela Mem9rial.
And \mo you pres ently.,engage in·the practice of medicine 7
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I do.
.''t ..•I'•,I ••_!oJ •.How long have you practiced in the Finleyville area 7
36 years.
Dr.Stevenson,do you know the a leged incompetent in this cas e,
19
Elaine Banahasky?
A I do.
Q .And has she been a patient of yours off and on over the course
of y~ars1
A She has.
-Yes.
Yes.Her age was 22 years.
What 'vas her weight?
And how tall is she?
She was 88 pounds .
She is 53 and one quarter inches tall.
It would be approximately four feet five inches.
Did :you have in yot:['records her 'veight at birth?.~~
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I Yes .She"was eight and a half ·pounds.at'.bi:rth..,'..'A
~~Q Did you have occasion to examine Elaine recently at my request?
~~A .Yes.I examined her 0 n October 11 of this year.1971.
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o...Cl~A She was.xIII~~Q Did your examination show her age?
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Q What 'vas her physical condition when you examined her?..
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A Her physical con'dition ,vas excelleri.~.
. Q Did you ~ave occasi~n'to .exa~~ne h~~'mentally?
A By inquiry.we did examine her in that capacity.
o T!":F'l::linp ahlp to for in!":tance add Rimnlp numbers top-ether?
---------------..------,------------------------------------~--------.
20
A No.Specifically,we found that she could not add small numbers..
Q If you could,Doctor,1vhat would be the inttellectual potential of
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Elaine,dhronologically?
.I would have to estimate her as being nine,ten years of age.
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old and care for *herself?
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last,/saw her,be able to manage her property or care for business
matters?
I would say thattshe definitely could not take care of her bus iness
affai rs .
Is her condition the type that would,say,improve rapidly or chang~
overnight?
No.I think this is a fixed physical arid mental state for the remain<er
.of her life.
In other words,she's reached her mental capacity as far as she's
going to go and it's pre-sentJiY.ithat of an eight 9r~nine year old.
I would consider that to be so.
Being in such a condition she would be unable to manage money
or property;is that true?
A That is correct.
Q Your Honor,I have nothing further of the doctor.
EXAMINATION·BY THE COURT:
21
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Dr.Stevenson.is this a congenital condition?
I 1vould feel that that is correct.
A nd has she ever attended school?
She has been in a school for exceptional children from the age of
seven to nineteen years of age.North Charleroi is wher e she IS
But the results of that schooling would;of course,be tied in with
her condition and even though she has attended school that many
years,it doesn't make her the equivalent of a normal person who
has so attended.
That is correct.
She was in school you say until she was 19?
That's correct.
A nd she is now 2~years of age.
Yes .'.,
So that there wou ld be <little advantage 'by,trying to give her any
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mpre schooling.
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I would feel that Y(,()uld be correct,'sir.._.-~,.'.t.,'..,
would you <classify her.Doctor.as a retarded individual?
She has an out-going p'ersonality;'very likeable and would be a
personality that c au ld be easily taken in in any fashion.
Q So that if she 'vere permitted to handle business affairs and money
she could easily become the victim of designing individuals?
A Correct,sir.
Q And as you have stated,wha t 'Nould her prognosis be?
A I would say that the l'ikelihood of any gain of improved psychic
development "vould be zero..Physically she's at the peak of
development.
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Has she eVierhad any special treatment anywhere?
Not to my knowledge.
Do you feel that there could be any improvement by special treatmE nt
some'vhere?
In my opinion I don't believe that 'vould be possible.
But her physical condition is all right?
It's excellent.
We have no further questions of Dr.Stevenson.Do you have any
others?
No,Your Honor,I do not.
You are excus ed,Doctor.Thank you .
I'd like to call Mrs.\Mary Fine to the
,1
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MARY FINE IS CALLED ANDSW9RN:~./
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BIRECT EXAMINATION ?"t MR.PIZZI:.It-•
Q Mrs.Fine,will you state your full name?
A Mary A nn Fine.
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789 East Main Street,Monongahela.
Q Are you married?
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A
Yes.
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Wha~~s your.husba.nd's name?
Arthur.
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Is your husband presently employed?
Do you know the alleged incompetent"Elaine?
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And how old are li-Y?U;Mrs,.Fine ~
f ;,,oil"\,~...
Do you have any children?
No.
Bartolotta's in Monongahela.
Yes.
Where does he'vork?
Are you presently employed?
I have four.
What does he @0 there?
He's a -meat butter.
27.
A Yes.
Q A nd do you know her mother?
A Yes.
Q And did you agree to accept the position of guardian of Elaine's est te
if she 'Nere to be found incompetent·?
A Vp!=':
Q Now in the past,Mrs.Fine,haveyou had occasion to manage
financial matters?
24
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Yes.
Who manages your household budget?
I do.
So you take care of all the hous ehold monies and pay the bills?
Yes.
DiqlJou graduate from high school?
fes.
In what high school ';vas that?
Monongahela.
What church do y ou attend?
Transfiguration Roman Catholic Church.
Where is that?
Monongahela.
,"HO)N.long have you knm'vn the Bal1ahasky's ,?
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}l;'\V8 known them since about 1965 .
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Did Elaine's mother~,Eleano:r,request that you accept this guardian-,,.
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ship?
Yes.
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Q Do you realize if you were to be appointed by the Court in this mat er
that you would be solely responsible for the monies to which Elaim
is entitled?
A Yes.
•
Q And that you '.vould have to manage that money for Elaine.
A Yes.
Q And that you 'vou ld have to.for ins tance.if Elaine were to need
winter clothing.you'd have to appropriate certain monies for that
purpose.
25
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Yes.I understand that.
And do you feel you know her condition well enough that you would
be able to make such judgment accordiipigly?
Yes-.
I have nothing further.Your Honor,of Mrs.Fine.I
.:~,THE COURT:We have no further questions of Mrs.Fine
Iiio"The Court is satisfied that she can properly act as guardian and
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:t~~MR.PIZZI:.Thank you,Your Honor.
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(Proceedings Closed).
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St'enographer IS·Cert,ificate "",
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I hereby certify that the'proc~edings and evidence are contained
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~fully and accurately in the ,no~es ~ake~by ~e on the hearing of the above
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~cause,and that this copy is,a correct transcript of the 'same.
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Certificate of Hearing Judge
The foregoing record of the proceedings upon the hearing'of the
cause is her eby approved and directed to be filed.
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ORPHANS,"COURT DIVI SIaN ,'.
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ESTATE OF,.
IN RE:
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.IN.THE COURT.OF 'C6~1MONPLEAS,OFWASHINGt9NCOUNTY ~'PENNSYbVANIA'
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••'\:,.';;l AND NOW ,~l~iS '.2?th day of Janhnry,1975',lheCourf dge:"
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j •r,;?~,~".':'<~/'.t -:,",,".'~,;."\._+,~,..,,~,..,,~>""iri.f~ct ,"find MatY..F:ine '.t~befin contempt of,'this Cour-t becaus~~
'~"of ~er f~dlU~~~o appear h~;~{in'·this·case.Fut~her,t~e'coGrt:'
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.,''".','"-,,'finds ·.t~~t she hasfai~ed to ..?-cc~unt;,~s re9ues~ed'by the G9urt,
-,,.;a~·tho~g}l ,she promised to do so:
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~"....~I,t,.is 'therefore ~the ,or4er of'thi~Court,that the 'said
.....',~';':-."'"".......,",
Mary Fine;will be arrested ..and a bench·.warr~ntwill issu¢.'.
.~;;r~quiringthe:,Sher.if£of tllis",County to incarc.erate .thes4i'd..-.'...~,-'..~~.
~.Mrs •Mary Fine tuiless $he appear:s'with,..1:.he balarice on hand ~n or-'"'....'-...-,"".~.'~..'~.-'~'...
~-~.~-
{b~fore Monl;lay,·Feb:ru~ry'3~'1915..Tlie Court \wiilcons'id~r,',..
..,'0 issuing a bench\oJartant -Jf th~,J!ldney,'isri-t,t.forthcoming ,it:that.. ..~~","..-.....'..time.".+ '••>",
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_.!he~money is to be tbx;ought ap.d depo'site4·withMr.,
Bryan p~izi,an~''it 'shall be in:the 'nat~re .of:cas.h and/or,."
•••....'"..k •..••certliie~dtheck in,':thea'mount"o('''{h~tev~~'?alanCe is theI1'~:ih
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OJ;,the ba'nk •.If she doesn.t t ha.ve al1:tKe mpney,:then she should'"
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ma.ke arrangements to raise tIle ad<1'~tion'il1~inoriey,if she 'spent 't'he ."
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By the''CourtI ':",
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./s/Paul,A.•;S.imrnons:·
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IN'THE'COURT OF~COM.MON PLEAS OF'WASHINGTON COUNTY,PENNA.'..~,'.''.
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A ND ~bW,.Nov:e'mber 14
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No.89'Oo{1971
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,1971;'u·p6nconsid~ra.tiQn of 'the'anne~ed~"
••of ,~'...:...,.'"'-
DEC R .E'.E.·
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allal1egedfncompet~Jlt•.<.'.
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,g~·.RE:.....
ESTATE OF
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·.•~tition andaftet'a'heax:~ng'heldfollowing due notice,":lt is O}IDE~EDAND
.'i;~C~EEDthat .','"••..~....'.••.;,'.,;::\~," .;'!~',,',:''.':",
'E~AINE B~!'l!\lIAS~Y is adjUdge?t~;nc.o~~~t.~.~,':.' ."..'....',I
',~"~"''"",",-.:o-~·'""Y'·::i?"'•.t·"':.~"<J ..e ..Loll".;}",~:,Mary Fine is.;p.e£!n~~dpua.,~diano~tl)e Estate of ELf\tNE '~1.'!A~A~~X,:..1
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i ,."}"'..''an ncolilpetenL..,......;''''''''....'w ...•,
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'.The said.Guarclian is dire~ted to fUe an i~v.ent0rY:~i~a''c'~'fda~ce'with
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r ~...•~•~.•'""."••the'provisionS 'of'Section 402 of the Incompetents'Estates ·Act of 1955,,as....,~.
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The said Guardiart shall fHe bond 'with sufficient surety 'in the sUfu of .~
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"ODe .'TpQusand tan ;000.00)Dollar's'
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