HomeMy WebLinkAboutOC1971-0989 - ESTATE OF PETRUNIAForm 68-0. C.·Div.
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COMMONWEALTH OF PENNSYLVANIA: }
WASHINGTON : SS:
COUNTY OF~"~ · · . !·
Personally appeared before me the undersigned authority
Robert T. Borza, Trust Administra-tor, Western Pa. National Bank
guardian of the estate of ___ __.:T:.:H:.::E::::.:RE==S:.:..A:......:P:...::E::.:T::.:R:.:UN.:::.:.::.::I:.:..A:..!,:..___;:a:::n:.;_=i:.:n:.::c:.::o:..:.:m:.:£p;:.:e=-t=-e=n::...::t ________ _
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X~Ufl~t{ ; who being duly sworn, deposes and says that the following is a true and correct Inventory and
Statement of the personal and real prQperty which are of the estate of the above named:mhtlX incompetent
WESTERN PENNA. NATIONAL BANK, GUARDIAN
BY: c$.2 ·-cA_,(,Lf 7'/ _{ ... ');.·::__ ~ u:~ 1~ .
Robert T. Borza, Trust ministr.ator
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,;;rn aild subscribed before me this l
Publ\l:if(i Wl. ,,.._,...,., · ~~~~
lii.)OUitll 11. ILLtlll1t.I1T liWI~ IT
l,:y COMMISSIO N EXPIRES APRIL 9. 1973 Dollars Cents.
'1i!=•fu,r Donn•" '"' ; o """'" · ••;~~ .• f Mn•or;o•
Principal -Personal tv
western Penna Nati()nrll "Rrlnk (M()n()nrrrlh;::.l rl n-F-F; ("';:::. \
oroceeds Christmas Club Savinas No. 0096813 _S_3 00
Western Penna. ~ational Bank, (Monongahela Office) • . . .
refund on safe deoosit box rental No 1039 2 00
Pittsburgh National Bank (Mononaahela .Office)
oroceeds savinas account No. 1436471 2 178 64
One ( 1). lot household goods 93 10
$2,276 74
Real Property
ALL that certain lot or parcel of land situate
in the Third ward of the City of Monongahela·,
washington county, Penna., being: the same premises
which Mary E. Stathers (Widow) by her Deed dated
Mav 23 1939 and recorded in the Recorder's Office
. : .. : -~ .. -~
of said washington County, in Deed Book Volume 630,
paae 440 aranted and conveved unto James M. Stathen:
and Mildred E. ~:;~tathers, his wife.
HAVING erected thereon a two storv insulstone
house, known as 408 Fourth Street, .!Monongahela, Pa.
·-•'
APPRAISED·VALUE 4 800 00
$7,076 74 ---------=::....----
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NOTE-If real estate, give street and number, Ward of City, Borough or Township, and
County, and reference to Deed or· Mortgage Book, Volume and Page.
If cash in bank, e-ive name of bank.
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THERESA: PETRUNIA.
an ine0mpetent
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G.UARDIAN;S
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Frank A. Conte, Esquiie ~--'
washington 'i'r1:1st Bldg. Att~myo
washington, Pa. 15301
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IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY, PENNA .
1971 :Q.C •.
IN RE:
THERESA PETRUNIA
PET-ITION FOR DECLARATION OF
INCOMPETENCY AND PETITION
FOR APPOINTMENT OF GUARDIAN
OF THE ESTATE OF THERESA PETRUNIA
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FRANK A. CONTE
ATTORNEY AT LAW
w,;,sHINGTON, FfNN
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IN THE COURT OF COMMON PLEAS. OF WASHINGTON COUN.TY, PENNSYLVANIA
IN HOii!iZ:
Orphans Court Division
PRAECIPE
-TO: IDOO{~~~
REGISTER OF Wills ·
Ple,ase· enter my appearance for Petitioner, Marie Fine
in the above captioned proceeding.
~~~---. " Fra%?'~:conte, Esq •
. . PETITION FOR DECLARATION OF INCOMPETENCY AND
YPETITION FOR APPOINTMENT OF GUARDIAN OF,
THE ESTATE OF THERESA PETRUNIA
AND NOW comes Marie Fine, and by her attorney, Frank
. A·. Conte, Esq .• , and represents to your Honorable Court as follows:
1~ Marie Fine is an adult individual who resides
at Main & Madison, New Eagle, Washi!lgton County, Pennsylvania and
is the daughter of Theresa Petrunia.
2 .. Theresa Petrunia is an adult ·individual who resides
at· 408 Fourth~Street, City of Monongahela; Washington,County, Pennl:
3. On or about September 1, 1971, a Petition for
Commitment of a Mentally Disabled Person was filed under the Mentaa.
Health and Mental Retardation Ac~· of 1966, with Marie Fine as I
Petitioner in said Petition, and Petitioner believes and therefore
avers that Theresa Petrunia is an incompetent person.
4. The aforesaid Petition, under _the Mental Health
and Mental Retardation Act of 1966 avers that Theresa Petrunia
has· been decl.ared as. mentally disabled by her attending doctor,
and certificates of two attending physicians are attached to the
said Petition. A copy of the said Petition for Commitment of a
Mentally Disabled person is attached hereto~
follows:
5. The other next of kin of Theresa Petrunia are as
Margaret O'Dell -da~ghter -1002 Main Stree~,
Bentleyville, Penna.
Minnie Fillipelli -daughter -New Eagle, Penna.
Agnes Hurford -daughter -Alliance, Ohio
John Troncatti -son -. 211 M~nley Avenue,
Vi~~c~rove, Kentucky
6. Theresa Petrunia is seized of certain re.al and
personal property, consisting of a dwelling house .and bank
accounts estimated at a. value of approximately $15,000.00
7. In the event that the Court determines that Theresa .
Petrunia is an incompetent person,-or in the event that the
Court beli.eves-that Theresa Petrunia' s commi ttment ·to Mayview·
State Hospital has made it necessary that· a Guardian be appointe ,
it will be necessary :for y.oun Honorable Court to appoint a
Guardian of the Estate of Theresa Petrunia.
WHEREFORE, your Petitioner prays your Honorable Court
to issue a Rule upon Margaret O'Dell, Minnie Fillipelli, Agnes
Hurford and John Troncatti, to show cause, if any they have, why
Theresa Petrunia should n'ot be declared an incompetent person and
a Guardian appointed for the Estate of Theresa Petrunia.
· Frank A. Conte, Esq ..
Attorney for Petitioner
COMMONWEALTH-OF PE~NSYLVANIA
COUNTY OF WASHINGTON
SS:
lND NOW, _on this --'------day of ___ __...;;___ __ ~,
1971, before me, the under~igned authority, personally appeared
("""
MARIE FINE, who, first being d~ly sworn, according to law .deposes
and says that the facts set forth .in the foregoing PETITION
are. true and correct to the best of her know-ledge, ,informati,on ·
and. belief.
. '
Sworn to and subscribed
before· me this· -----
day. of --~----~~--, l-Q.71 •.
My.Cornrnission Expires:
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OF ___________________ .:. COUI·lTY
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PETITION FOR COMMITMENT FOR PERSON WHO IS MENTALLY DISABLED· . ·:. ; :· .. ·._., .. ~;~:.:<': ...... ~·:.·.~·.,::.=.':'·.MENTAL HEAL nJ AND MENTAL RET ARDATIOH ACT OF 1966
:·· . :.: '· ·.;:. -··._~~ :: ' (Section'~. 406, 407, 408, 410, 411 and 413)
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TO THE HONORABLE THf JUDGES .. OF THE ABOVE COURT . :.: ...... m R.:5 .-mRiti;£ ~~e. ____ ---. __ RESPECTFULLY REPRESENTS: .THE PETITION OF.. -· ·o J!JU<ErlfdJ/1! OF PETITIONER! .•
IJI9-:"Afrl ONSHI I> 0/l T I TL E~O-=F-=Pc=Ec=T-;:I.T~IO""N""E:-::R:-A-:-:5:-P=:R::-:E=-::S""C-:::-R:-::IB:-::E-:::-07") -:-_;__..:__ _____ ...:..._, _______ _
TH~RI::.W f/~-?te<.!.ct:!..!...!:'~,q.~·-=-=-==:-::-:----· _______ :...__ _____ -:---=-
• .. THAT _i HE IS THE
OF 'NAME OF PATIENT)
TYPE OF COMMITMENT ·:: ~ :!:..
·· .~ :,~,-·, :: .. : · ·~1t ~URTCOMMITMENT: (rAmpl.ete Parts I, Ill, IV,'V, VII, IX) ' .. . .·. . . ..· ...... .' ·'. . .•
'. :. · . ·. · 0 COMMlTtdENT OF PERSO.'II CHARGED WITH CRIME ANO RELEASED ON BAIL (Complete Parts I, Ill, IV, V, VII, IX)
·.·:•. ,. .. CJ COIRIIITMENT OF PERSON CHARGED t.'ITH CRIME AND DETAINED !N A PENAL OR CORRECTIONAL INSTITUTION
·(Cohlplete Parts II, Ill, IV, VIII, IX) . . . . ..
C1 COtAMITMEin IN LIEU OF SENTENCE OF PERSON ADJUDGED GUILTY OF CRIME (Complete Parts Ill, VII, IX)
.· f ..... ··~ ...• , .. 0 C~lTUEt!T OF PERSON UNDERGOING SENTENCE AND DETAINED IN PENAL.OR CORRECTIONAL INSTITUTION : · :·· >:_.~\ .-,~ ;~ . ,...; ..... , •" '' .~ · . . (Cmplete Pirts II Ill IV VIII IX) . . . · .
"':., J ,• VO'',' ·.~ , \ ;. , ~ _. ,• • 'I, , , '• , \ I I I • I , , , ' ',''.· .. :-:·. '· .. : ; ·. · t2J .COO.MlMifT QF'PERSON ACQUiiT~D OF CRIME BECAUSE OF INSANITY (Complete Parts I, Ill, IV, V, VII, IX) . · ... ~
'NOTE: PART X MUST ALSO BECOM?LETED WHERE APPLICABLE IF PATIENT IS RETARDED.
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: ..... ,:. :·;~ .. .';. . .. . .... ·.. ATTACHED ARE THE CERTIFICATES OF A PHYSICIAN OR PHYSICIANS TO THE
. · · ·· ' .·.. EFFECT THAT ;THE PATIENT IS MENTALLY DISABLED. .:·.~< .:-:.: -~ . '
.. . : ::" :o. · .· ...... ·· ·> ·;r:icERTIFICATES OF A PHYSICIAN OR PHYSICIANS ARE NOT ATTACHED BECAUSE: -~:z:~·~. ; .. . .. . . . . . .
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THE couRT uPoN· cciNsiDERA!:ION oF ·s:u-c:H ·PEJ'ITION s~~u::; 1ssuE A WARRANT REQUIRING THA~: s~c~ 'Pi~soN BE ·eRou.GHT •
.BEFORE THE COURT: FIX A DATE FOR HEARING' WHICH SHALL BE AS SOON AS THE WARRANT IS EXECU"tEO, AND NOTIFY THE
PARTI~S IN INTEREST. WHEREFORE SECTION 406 (4) OF THE MENTAL HEALTH AND MENTAL RETAROATlON ACT· .OF 1~6 ...
: EMPOWERS 1'HE COURT TO ORDER AN INQUIRY INTO THE.PATIENTS CONDITION. .~ ..
(l!NDER PROVISIONS. OF SECTIONS 408 and 411)
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·:THAT THE oEFENDENT, A. PR'rsoNER IN ______ __:__ ______ ._;_ __ _:_ __ -:-' ___ _;. __ ,Ns'TITuTION . ~-··· .
. . WAS Cloi~RGED OR CON':'ICTEO OF THE .FOLLOWI~G -------------------~-------,-----
. ' . . . · · · '•.: .. · · . (SPECIFY CHARGES OF THE CRIME FOR WHICH CONVICTED)
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THAT Y.OUR PETITIONER BELIEVF-S THAT THE DEFENDENT IS IN SUCH CONDITIPN AS TO MAKE IT NECESSARY THAT HE BE CARED
F.OR IN A MENTAL FACILITY. WHEREFORE SECTION 408 (S) OF THE MENTAL HEALTH AND MENTAL RETARDATION ACT OF 1966
EMPOWERS THE COURT TO ORDER AN INQUIRY INTO. THE DEFENDENTS CONDITION
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·: ... ' Com~OI\,weolth of P~Msylvc.,la . . . . ;· .. ~partm~nt of'Public Welfare MH/MR 2 • 6-68
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·MARI.I.AL STATUS [..J~AAIED .
q;ilf' WIDOWED
d DIVCiiCE:O
Q ltPAFIATED .•. ·
0 NEVER. M~RR,IEO·
OCClJPATION
())IJJIRit>S ·~ Re7JR.~b.
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INCOME. (TOTAL GAOSS ANNUAL ~AMILV INCOMI!: TO NEAREST·'. . . • NUMBER OF PERSONS DEPENDEi-i'T ON INCOME
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PREVIOUS PSYci"!T/i"f"R'Tt: SERVICE /
t:J·. NONE . !:::1 PA. STA~E MI!NT.AL.HOS~. ~~-~ HR:· tAREi . [:) PSYcH!1,TRIC UNIT GI!:NERAoL HOSI'> • .' -~ PR;VA_TI!: PSYCHIATRIST.'
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Q VA HOlii''ITA~;·, '• .• '_f; ....... ~;::~::'};;_ '•'.\ .··:?.:''·'' .;;,;.:; ·". [) PSYCHIATRIC DAY•NICiHT CARl= EJ · OTHER OUTPA TII!:N.T
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CERTIFICATE OF PHYSICIAN • t.
PART VI
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~·· ... 'IF PATI!::NT IS ~ENTALL Y ILL -Commitment MUST be mode within thirty (30) doy.s of tho first certifyi"9 61camination .
IF P}~T!ENT IS MENTALLY RETAR~ED. Commitment. MUST be mode ·Hilhin three (3) months of thn first certifying examination.
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IMAME OF PATIENT ~ Pe.ft.q~),A..·., U-ea£Sa_
,:ooRe:ss o,. PA1'1!NT I . ' ~~~D~~--~4-~ __ S~r~, ____ _llo~o~~b~~~L~A~1,._,~P~ft~~~l~s'_o~~~· ~3 _________ ___
:HtSTORY OF ILLNESS AS GIVEN BY APPLICANT AND OTHER RELEVANT INFORM.t\TION INCL.UOING REPORT OF
PSYCHOLOGIST IF PATIENT IS MENTALLY RETARDED (Form is ottoched for Report of Psychologiit)
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I CERTIFY THA-T I AM LICENSED TO PRACTICE MEOICIN~ OR OSTEOPA1'HY IN PENN!"YL\/f.NIA AND THAT I
HAVE EXAMINED THE PATIENT WITH CARE AND DILIGENCE WITHIN ONE WEEK PRIOR TO. HE ')~TE OF THIS
CERTIFICATION ., . "
IN MY OPINION THE PATIENT IS:
.MENTALLY. RETARDED D NOT MENTALLY DISABLED
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AF.FIOA¥1T
Thl~·offldavlt 111uat be awcm to Of .ciffirmod before a·peraon authorized to administer oaths ..
. STAT£ OF ·e~~ ·,_
COUNTY OF • .. ~ss ·
"J)rJ • l • h · BEING DUI.. Y SUDIIN AFI'IRIII~D ACCORDING TO LAW DOTH DEPOSE AND-SAY THAT THE FACTS SET FORTH IN THE_ ABOVE
. Af'Pt.;ICATION AAIE TRUE TO THE BEST OF HIS K.NOWI..~DGE AND BELIEF.
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SIB~9~&Amfl!t't! s.®~tofl'
r'IITSBURGH. /lL• LGIIfNY COUNTY
M1 UJ""'''i~S,Oil UrtKE~ MAR. 6, 1975
Com~l~iW~ationoft-lo~
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:~_:: ~-... _·:,_r;. .. ~·r\T~E~T IS IAENTALLY ILL • Commitment MUST be made within thirty (30) c!cys of the first certifying i!Jcamin;~tion. -~;
::-."· . PA~T V
· ; .. ~. ,. !!1'· PATIENT I~ MEN-TALL,. Y RETARDED· Ccimmitr.1ent MUST be mac!e within threo (3) months of th11 fir at certifying examlnaticn.
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~DORE6S OF PATIENT
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IIISTORY OF ILLNESS AS. GiVEN BY APPLICANT AND OTHER RELEVANT INFORMATION INCLUDING REPORT OF
~>sYCHOL.OGisT I_F PATIENT IS MENTALLY RETA_RDED_(Form is attached for Report of Psychologist)
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CERTIF:Y THAT I AM LIC,ENSED TO PRACTi'¢E ~tt.6i'Cr'N'E OR OSTEOPATHY IN PENNSYLVANIA AND THAT't ••
. AVE EXAMINEO.-THE PATIENT WIT-H CARE. AND DiLIGENCE WITHIN ONE WEEK PRIOR TO THE DATE OF THIS.·.·· ~ERTIFICATION . . . ... _ _., . '\_. . ~
~N MY OPINION' THE. PATIENT IS: ..
D : ,(.';,~··,:.;~NiAlL Y f~'',}:c) ~~~TALLY RETARDED
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AFFIDAVIT
Thi~ affidcivitir;u~~ be-~~~~~to Oi oifirmed before a p~son authorized t~ administer ~aths •. . .. .
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SI&!ONNE S. CAMPBELL, NOTARY PUBllt
. . . ',;-: ~.; ~ ' I C l''lTlSPJIRGH ALLtGHfNY COUNTY
. ommonw;~ 'l:o~~t§g{b'*1~~:~ES MAR. 6, 1!175 ,P.partp.ent of-Public Welfare
MliiQer, Penll5yivani 11 Asaoc:iatiG/1 ol ftotarftl
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ORDER FOR .EXAMINATION AND APPOINTMENT OF-ATTORNEY
THIS._.-----,-----DAY OF --------·-------19
·" PETITION F.OR CO_MMITMENT OF-----------· __ ,...:_ ____ ___.;.THE COURT QIRECTS.
========================================================~·=-====~========~--·==========================================
-~ PART VIII (UNDER SECTipNS 406, 407, 410 and 413)
0 EXAMINATION·AND REPORT BY .TWO LICENSED PHYSICIANS
.(NAME OF PH~SiCIANi ------------------
(NAME OF. PHYSICIAN)
0 COMMITMEN!T TO A FACILITY FOR A PERIOD NOT EXCEEDING TEN DAYS OR IN T.HE
CASE OF A PERSON CONVICTED 01=' A CRIME N.OT TO EXCEED 60 DAYS.
I PART VIlli (UNDER SECTIONS 408 and 411)
· ... ··
.~· ;
CHECK .ONE OR ANY COMBINATION OF THE FOLLOWING PROCEDURES:
Q EXAMINATION AND REPO.RT BY TWO LICENSED PHYSICIANS
(NAME OF PHYSICIAN)---------------------·._._· ... :_-~·~-----
'·.~:··· . •',; '
'(NAME OF PHYSICIAN) ---------------------'--------· ._· . ....:''-
. . . . . . . . . .
.c:J EXAMINATION AND REPORT BY A COMMISSION :.··
(NAM'E OF PHYSICIAN)
(NAME OF PHYSICIAN) ______ _;_ ______ .:._ __ .:._ _____ .:._ __ .:._ __ _
(NAME OF ATTORNEY)-----'-------c-----
D HOLD A. HEARING WHICH MAY BE PUBLIC ~R P~IVATE. APPRO·P~IATE NOTICE THEREOF.SHALL B~ G.I~EN TO
ALL INTERESTED PARTIES INCLUDI~G THE ATTORNEYFOR THE'COMJ•IONWEALTH. THE PRESENCE OF·THE
PERSON WHOSE COMMITMENT IS SOUGHT, MAY BE COMPELLED.
0 COMMITMENT.TO A FACILITY NOT EXCEEDING 60. DAYS FOR FURTHER EXAMI_NATION AT REQUEST OF APPOINTED
PHYSfCJAN UNDER SECTION 408(C).
. L··.
BY THE COURT
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PART IX·
: .-
IN THE COURT OF _ __,_--,-------------OF ---·-·
COMMONWEALTI:i
vs.
----~~------------------~-------------------NO.
ORDER FOR COMMITMENT
s ·.
TERM, 1~
. THIS--------~------DAY OF -------------~19 __
UPON CONS I OEHA T I ON OF ________ _;_ ______ ~===--=:=:-:-::::::::-:-::::;::--:-:=-:-:::-:=:-'--~__,----------:-'--·. (REPORTS, TESTIMONY, ETC. ATTACHED)
THE C.OURT FINDS ___ ...;_ ___ .:.._ ______________ ~-'-----------------'------
. QMENTALLY ILL DMENTALLY RETARDED
ACCORiJINGLY THE COURT DIRECTS THAT
(PATIEN.T'S NAME:!
BE COMMITTED TO FOR:
·(NAME OF FACILITY)
D 'INPATIENT CARE
0 PARTIAL HOSPITALIZATION (Not opplicable under Sections 408, 410 ond 411)
' . . . . .
0 OUTPATIENT CARE (Not ~pplicoble u~der Sections 4oa, 4.10 ond 411) . ~·
AS A MEN) ALLY DISABLED PERSON FOR A PERIOD NOT TO EXCEED --"-------r,.....,..,.,.,~...,..,.,.""""""""'::;;-;-=:-;:;.---...;_---(IF DESIGNATED PERIOD REQUIRED)
~URSUANT TO THE PROVISIONS OF SECTION ____ OF THE MENTAL HEALTH AND MENTAL RETARDATION ACT OF 1966.
' .
BYTHE COURT
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PART X
·0 . REPORT OF PSYCHOLOGIST
PATIENT'S NAME =riRTHDATE I DATE OF EXAMINATION.
ADDRESS
BACKGROUND INFORMATION
MATURATION (Significant lag iri growth and dovelapment)
----------·~-------------------------------------------------------------------------------------[] OVER
·SOCIAL ADJUSTMENT------------,-----
~----------------------------~----------------------------------------~----------------------~ [J OVER
TESTS ADMINISTERED
NAMESO~TES1SANDRESULTS _____________________ . _____________ ~------------------------------~
DIAGNOSIS (AAMD Classi ficciti an) ------------------·---------,,....-----------------_ _:_ ______________________________ __:.. __
RECORD THE PERSON'S LEVEL OF DEVELOPMENT FOR EACH OF THE FOLLOWING·
SEVERELY MODERATELY MILDLY ABOVE
ATTRIBUTE SUS-AVERAGE SUB-AVERAGE SUB-AVERAGE AVERAGE AVERAGE
1. SELF-HELP SKILLS '
2. ATTENTIONAL DEVELOPMENT .
3. PERCEPTUAL FUNCTIONING
4. PSYCHOMOTOR FUNCTIONING -
· S. COMMUNICATION SKILLS ..
6. CONCRETE COGNITIVE FUNCTIONING ·•
-
7. ABSTRACT COGNITIVE FUNCTIONING
8. VOCATIONAL FUNCTIONING
9.·PERSONALITY INTEGRATION DovER .. . •.
PSYCHOLOGIST
ADDRESS OR AGENCY
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. 3Jn m~r (!!nurt nf (!tnmmnn Jlrtts nf l!Jns~ingtnn Q!nunty. Jrnn.aylttunitt
IN RE: (
®rpl7Utt!i' . (!lnurt 1!1iui.aintt
. '· . (
ESTATE OF )
THERESA PETRONIA, (
xo-Alleged Incompetent.
. )
(
Qlttatinu
Q.tnmutnnn.ttalt11 nf Jruu.ayluauin ~ 99: Q!nuuty nf . lltll a.al1;iugtntt
To: THERESA PETRUNIA~
Sur Petition· of: ------=M=A=R...:..:I=-=E=--"' --=-F-=I=N=E=---------
)
( .
) · NO. 989 of 1971
(
)
lWft QtnUtUtUU~ lou, ----T1,.4;Hu;.:.E.u...RE~-S.)..l:lA~PEL.:>JTWJR..u.IIN~I..u:AL--____ _
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_-----~.T..ldu~e-"!.s~d~ay.J--__ , the 26th day of_-----'0=-c;;_t~o:...;.b;;_;e=r __ _
19~, at 11:00 o'clock_A_. M., and show cause why the. saj d Theresa
Petrunja should not be adjudged an Incompetent and a Guardian of her
estate appointed;
and further abide. the order of our said Court in the premtses,
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 29th day of September , 19 71
~.A·~
FRANK A. CONTE·, E ----~--~-~~~--~--sq. Attorney for Petitioner. ·Washington Trust Bldg.,
(Seal)
Washington, Penna.,
15301. .
Clerk of the Orphar ' v-t:~
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA •.
INRE:
Estate of
THERESA PETRUNIA,
an alleged incompetent.
ORPHANS' COURT DNISION
(
}
(
)
(
)
{
No. ___ of 1971
DECREE AWARDING CITATION
AND NOW, September 29, 1971, upon consideration of the fore-
going .Petition, it is Ordered and Decreed that a Citation be awarded, directed
to Theresa Petrunia to show cause why she should not be adjudged an
incompetent and a Guardian of her estate appointed; hearing to be held in
Orphans' Court Room, Courthouse, Washington, Pennsylvania, on Tuesday,
October 26, 1971, at 11:00 o'clock A.M.
At least twenty(20) days' notice of the hearing shall be given to
Theresa Petrunia, the alleged incompetent, by personal service of a copy of
said Petition and Citation, and by service of notice upon the next of kin,
personally or by registered or certified mail.
.,
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In the Court of Common Pleas of
Washington County, Pennsylvani
· Orphans i Court Di v is ion
No. 989 of 1971
IN RE:
ESTATE OF
THERESA PETRUNIA,
an alleged incompetent.
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(M~rino. J.)
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ORPHANS' COURT DIVISION
(COURT OF COMMON PLEAS)
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AFFIDAVIT OF SERVICE
COMMONWEALTH 9F P~NNSYLVANIA
COUNTY OF ALLEGHENY
ON THIS ·.7th
SS:
day of October
be£ore me, the undersigned authority, personally appeared
1971,
ROSE S. BOYCE, ·R.N., who being dtily sworn according to law,
deposes and says thatthe Citation and Petition to Declare Theresa
Petrunia Incompetent and for Appointment of Guardian were served
upon Theresa Petrunia, by personally handing a true and correct
copy thereof to her at MayView State Hospital, Allegheny County,
Pennsylvania, on Thursday, the. 7th day of October, 1971 at
10:45 o'clock A.M •.
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·'
S;worn to and subscribed
. 4 be:fore ·.me this ___,7~--,---
day df · ~ , 1971.
My. t~mm~ssion. Expires:. . ·
MARGARET DElPHUS, Notary P'ubllc
Pittsburgh, Allegheny County, Pa.
M{ Commission Expir~s
. February 19, 1973·
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IN THE COURT OF COMlVlON.PLEAS OF WASHINGTON CQJ NTY, PENNA.
ORPHANS' COURT DIVISION
·IN RE:
ESTATE OF
THERESA PETRUNIA,
an alleged incompetent .•
)
)
)
)
)
>.
)
No. 989 of 1971
D E C R E E
~
AND NOWJNov¥3.r:ta.b.er.-t(f, 1971, upon consideration of the annexed
petition and after a hearing held following due notice, it is ORDERED AND
DECREED that .
THERESA PETRUNIA is adjudged an incompetent.
J
Western Pennsylvania National Bank of Pittsburgh is appointed Guardi n
of the Estate of THERESA PETRUNIA, an· incompetent.
The said Guardian is directed to file an inventory in accordance with
the provisions of Section 402 of the Incompetents' Estates Act of 1955, as
amended.
I . ·e
IN THE COURT OF COlVJ.lVJ.ON PLEAS OF WASHINGTON COUNTY, PENNi.
ORPHANS' GOURT DIVISION
: ' . • . : .·: _n f :
IN RE: r . >. . . . . )
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L ••••• ) ': • '-N-o·) .. 9HS of 1971
ESTATE OF
THERESA PETRUNIA, )
)
~ an alleged incompetent.
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HEARING ON PETITION FOR APFDINTMENT OF GUARDIAN
BEFORE: THE HONORABLE P. VINCENT lVJ.ARINO,
Judge of the said Court.
.. .
!!! APPEARANCES: 0 DAVID L. GILlV.lORE, ESQ .• of Washington,
Pa., representing the Petitioner.· ~ ~ 0 ~
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SAlVl UEL RODGERS. ESQ., of Canonsburg,
Pa., representing mrs. Agnes Hurford.
.. ~ TJlV!E: Tuesday, October 26, 1971, at 11:00 o'clock
A . lVJ.. , E DST. 0.. Ill
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:I 0 ~ THE COURT: Let us have for the record the fact that servi e <· 0 iL ~ has been made in accordance with our Interlocutory Order. Is
this the Affidavit that you have here?
MR. GILlVlORE: Yes. It's identical to the other one.
THE COURT: We will order the Affidavit made part of the
record. it having complied with statutory requirements and with
the Interlocutory Order of this Court made on September 29, 1971.
2
to appear of record in this matter of Theresa Petrunia, that I am
representing one of the daughters of Mrs. Petrunia, namely Mrs.
Agnes Hurford of Alliance, OhioJ who is also present inCCourt.
THE COUhT: Very well. mr . .BodgersJ we are going to
permit the medical testimony first here so that the doctor may be
excused.
DR. VERA M. BARZD IS CALLED AND SWORN.
EXAlV1INA TION BY 1V1R. GILMORE:
Q Would you state your name for the record?
A Dr. Vera M. Barzd •
Q Your present profession is?
A PsychiatryJand I work at lVJ.ayview State Hospital.
Q And I will allude to the previous examinat<Bdnn as to her qualifi'cat 'ons,.
and move into the examination in regard to the present case.
Have you had occasion to examine '!Pheresa Petrunia?
A Yes 1 I have examined 1 Theresa.
Q What were your findings as a result of that examination?
'A My findings were she was completely disoriented1 completely
confused and she had tendencies to confabulate. In other cwordsJ
she would make up stortes that she was doing somet'hing like shopping
or going on a visit that very day when she was in the hospital.
She was. confused that she was there at the hospital and she shows
complete lack of judgment and absolutely no insight into the fact
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that she is ill.
Q And what were the causes or what are the causes of her present
A
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illness?
The most likely causes are poor nutrition and alcohol deterioratiotn.
As to her mental problems ?
The prognosis ?
Yes.
It's very poor. It's very unfavorable.
Do you know her present age?
At her present age and due to the condition you ·have just describEd,
do you think that she is presently capable of h~ndling her busines~:
affairs on a day-to-day basis?
She is not able to take care of any of her personal needs, let alon
taking care of any business. She cannot even Eiressda;ers elf. She
cannot even find her way to the dining table or to the bathroom without
assistance.
~s she in need of daily or ··w·e.'U say constant care physically?
She needs constant care, mentally and physically.
Therefore, would it be your opinion'thatshe is incapable of handl ng
her business affairs?
Yes. She is at this time, and the prognosis is very poor.
Do you also feel that this condition will persist in the future?
.X. es.
Q Would there be any likelihood of a recovery from such a condition~
A There is likelihood of some improvement, but there is very little
likelihood, practically no likelihood of recovery from it.
. .
Q When you say there is some likelihood of some recovery, would
this be to an extent to allow her to effectively manage her day-t< -
day business affairs?
A No, it would not. It would allow her probably to help take care of
herself such as dressing herself and bath!kng herself. And by
reptetition, patients like this can be taught to do certain things,
but it's mostly repetition.
Q That's all I have, Your Honor.
THE COURT: We have no further questions of the doctor.
Mr. Rodgers, didyou wish to examine the doctor?
MR. RODGERS: No, Your Honor. As !Vlr. Gilmore stated, w
are not contesting the matter of the incompetency.
MR. GIL1V10RE:
.LVJ.arie Fine.
f' 1 Your Honor, I'd like to next call to the stand
mARIE FINE IS CALLED AND SWORN.
DIRECT EXAlVJ.INATION BY lVJ.R. GILJ.v10RE:
Q 1V1rs. Fine, would you stateyour name please?
A Marie Fine.
Q Where do you presently res ide?
4
5
A lVlain and 1Vladison, New Eagle, Pa.
1V1R. RODGERS: I'm sorry, Your Honor, I cannot hear the wi ~ess.
A ;1\lhrie Fine, Main and !V.1.adison, New Eagle, Pa.
Q What relationship if any are you to Theresa Petrunia?
e A I'm her daughter.
:5 Q And you are the person who brought this Petition to have her
z c( > ~ declared an incompetent?
!II z z A Ill IL That's right.
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0 Q ... I) Would you state to the Court your reasons for .doing so?
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Well, I've noticed over a period of two years, mom has been putt ng
...: u a: her clothes on wrong; she hasn't been able to cook for herself; ... !!! Q e .J c( §
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she hasn't been able to clean; she's Jpeen going down the street nat
knowing most of the people she sees that she's known for years. ...
:t ... "' t4 It's just not like it should be, that's all.
ai II: Ill Q ... II: ·And when did this begin in time?
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of, say, eight months ago she really really got bad.
o( u ii: Q IL And as a result of the worsening condition what if anything did
0
you do to care for her? e A I went up home as often as I could but then when she fell she
fell twice within two weeks.
Q Did she have any injuries as a result of that?
A The first time she split her head. The second time within two weEks
she fell again. She had, I believe 21 stitches. I took her to Pres-
6
--byterian Hospital and from there she ~W~!il-S.tl 't able to. come home.
Q Where did you have her committed?
A Mayview.
G.' What is the present age ofyour mother?
A 69.
Q Haveyou been in constant contact with.her over the last several
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Ill II.
i Q 0 ... Isyour father alive?
I) z x A Ql No, he died.
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Ill A Q It will be ftiive years in June.
..I <( u Q 0 lias your mother remarried? ... j ..,
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No, he hasn't.
IIi a: Q ~ Did she have any other children other than yourself?
a: 0 L A Ill « Yes, she has.
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. And could you give their names to the Court?
..I <( u A ii: There was my sister Margaret 0' Dell, 1v1innie Fillipelli and Agnes
b. 0
Hurfo'rd. And we hav<: a brother• John Troncatti.
Q Now over the last several years that you have had an opportunity
has ·
to observe your mother, h<w;hictr/been on a day-to-day basis, does she
understand what she is doing?
A Most of the time she's in a world of her own.
Q And does she recognize members of the family?
A Well, she did until she went to Presbyterian and I went many manv
..
a week she didn't even know me.
Q How long ago was this?
A She's been at Mayview now since over,a little over a month. Anc
she was in Presbyterian almost two months, I believe, and for th~
whole two months she didn't know me.
:! ~ Q Can she effectively communicate, can she carry on a conversatiot ? > .J > en ~ A Now she can.
Ill II.
~ Q Does she recognize you?
1-CI z ~ A Yes. She does. She can talk to you then her mind will go off to
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something else .
Can she carry on a conversation?
For a second; that's all.
~ Q Then a 16Jngthy conversation about one topic she is unable to do?
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Right.
7
~ Q a: Does she presently own any property or other assets that you know of?
1-a: ~ A Ye9,she does.
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A She has that .home on Fourth Street.
Q Where would that be?
A 408 Fourth Street, Monongahela.
Q Washington County?
A Yes.
Q Any other items ?
8
She has something in the banlc What, I don't know.
Do you know what bank that is ?
Pittsburgh National.
In Monongahela?
Right.
And you don't know the nature of that account?
No.
Do you know under whose name it's· in?
Yes. It's mom's name and in trust for me.
But you do not know the amount?
They wouldn't tell me one day.
You have attempted to find out?
Yes, I have.
What type of property is it that she owns in Monongahela, the rea
property?
She has about a seven-room house, I believe .
Was that the family home?
Yes, it was.
What is it presently being used for?
The downstairs is completely empty. She had two rooms upstairs
which people lived in when she went to the hospital. They are stil
occupying thas e two rooms.
Q That is rent ?
A That's rented, yes.
Q Who is currently collecting that rent?
,--------------.-.-------------------
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A I am.
Q Doas she have any other income that you know of?
A Social Security, that's all.
Q How much is that?
A 6)ne hundred forty-eight something.
Q Where is that presently going?
~ ~ A > ....
What I didn't put towards the house and paid all her bills, towards
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the house, I have the rest. I said she. has these people at .the hou e.
The gas, the water, the electric, the sewage and all that has to
be paid. So out of her money that has been paid and I kept track
of every cent of it. I have the receipts and bills for everything .
I have done.
~ Q And of the Social Security payments you are also using it for that
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til
ui ~ A That's right.
1-a: 0 ~ Q And are there payments currently being made to Mayview State
1-a: ~ Hospital?
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Q Have they informed you that any payments would be necessary fo
her maintenance there?
A Well, I had to go to Mayview and I talked to the people out there
about it. And then I called Frank Conte and he said that he would
take care of it when all this was straightened around.
Q Now having observed your mother over the last several years,
9
does she at present or has she in the recent past displayed an
ability to understand her business affairs?
A She hasn't bee.rnable to take care of her bills for quite awhile.
They were all padded up.
Q Has she done anything towards operating the house or collecting ap.y
money or paying any bills in the last year?
~ z ~ A She did collect, you know, the rent,like she collected that. But
.J >-en ~ what she did with it, I don't know.
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When was that?
It was about in July. She had already took everything in June. ThEn
it was about in July. I went up and collected $50. 00 rent .
That's from the second floor of the apartment?
e A That's right.
a: 0 IL ~ Q Is the real property that is in Monongahela, does it require some ... a: :J 8 management?
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Q It's rental property you said?
A Yes.
Q And does it in general nee·d any repairs or physical care at the
present?
A Very much.
Q That's all I have then, Your Honor.
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EXAMINATION :E!Y lVlR. RODGERS:
Q 1V1rs. Fine, as I understand it~:. you and these other children are
half brother and half sister, is that right?
A That's right.
Q I did not hear what you said the rental was of the property.
A $50.00 for the two rooms and mom lived in the rest of the house.
< z ~ Q And you have been collecting that you say since July of this year?
> en ~ A I'll have to check that. It's either July or August. I'm not quite Ill D.
z e sure which month.
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the expenses?
Quite a bit of it, yes.
Well, is there an account?
I have kept a full account .
Well, do you have any surplus funds deposited anywhere from thE
rental accouht?
I have some left, yes.
Approximately how much?
About ($;eoo.
Where is that de'pesited?
I have it yet.
In the form of checks,you haven't deposited it?
A No, I haven't deposited it.
Q Did you deposit any of the rent:al checks?
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A No, I haven't.
Q Bow did you pay the taxes and repairs?
A I didn't pay the taxes. I paid repairs, the sewage. the water, the
gas.
Q How did you pay that if you didn't deposit the check?
A I have money orders on what I sent, or I have paid bills from
the people that I have paid.
Q I'm not asking---
THE COURT: Mr. Rodgers, I don't think she understood wl ether
or not these payments were made on account of renlt, in the way o
cash or money order or checks. It would seem to me that she
is speaking only of cash and money orders. So she wouldn't need
to deposit checks if there weren't any.
A That's what I mean. Thank you.
Q You say there's two rooms rented?
A Yes, sir.
Q And how do the tenants pay? ·
A They pay cash.
Q They pay in cash?
A Yes.
Q And you have given them receipts for that, is that right?
A Well, this new girl just moved in. I have a hard time talking
to her. She came from Czechoslovakia and it's all I can do to try
to get my words through to her. She doesn't write in English.
Q Did you give her a receipt or not for the rent?
A No. I did not.
Q And t~ttJihk-;J.Up"sa;tcLtbere's about $200.00 left over. In what forn
is that?
A It's in cash.
Q Where do you keep that?
5 z ~A I keep that at home .
.J > Ill ~ Q And you say that you know of an account in the Pittsburgh National
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a: ... Ul a A I don't know .
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How do you know about it?
Because mom had told me about it.
When did she tell you about it?
When she was clterself. I imagine she done "that when my father
died.
About the time your father died?
No doubt.
Is that when she told you about it?
A That's right.
Q In your petition you estimate about :$1,5~ 000. Now what is that
supposed to represent? Theresa Petrunia is seized of certain
real and personal property, consisting of a dwelling house and baak
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accounts estimated at a value of approximately $15, 000.00.
A As I told Frank, I don't k...'10.W.'how much is left in the bank or
what she has in the bank, but that house should be worth a good b t
in itself. It's in the main part of town.
Q What is this $15,000 figure ? Is that the value of the house or the
bank account?
I don't know anything about the bank account.
You said that was about left in the bank account. Did you know at
z ~ one time how much was in the bank account?
z i ~ A No, I did not.
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Did you not have possession of the bank account passbook?
No, I did not .
Never at any time?
Never.
Who had possession of it?
My mother .
All of the time?
All the time.
Q Doyou know about how much money was in the bank accounts at
about the time 6f your father's death?
A I don't know myself, no. I have never seen the books.
Q Was there more than one bank account?
A I don't even know that.
Q Well, you visited your mother's home quite often, did you not?
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A Everyday.
Q Do you know whether or not there was about $37, 000 in these bad).
accounts at the time your father died?
A There could not possibly have been that much.
Q How do you know that?
A My father didn't make that kind of money.
Q Bas your mother signed as co-signer for your son's furniture?
A No, she has not. Years ago when he was under 21 she signed, yeE .
He paid that off.
Q Not since your father died.
A My son is only 23 now. !Vly father has been dead five years. So
it had to be since my fat her died.
Q Did she sign after your father died for your son's furniture?
A I don't believe it was furniture. I believe it was for a car.
Q Was it for approximately $8, 000?
A Oh, no. My son has never owned a new car.
Q And you don't know of any account except what your mother has to d
you about the accourt at Western PenB§lylvania in trust for you?
A Pitts burgh National Bank, that's right.
Q Have you inquired at any of the other banks as to whether there
is any account?
A She has nothing anymore.
Q How do you know that?
A Mom, towards the end was---she had a neighbor that was real
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close to her and that's how I knew what I knew.
Q Yvu got this information from the neighbor? . .
A That she was almost down to nothing, yes.
c; Did you ever have a Power of Attorney?
e A No, I have not.
Q So then you are suggesting a guardian be appointed simply what,
~ z C( > to collect these rents and to handle the Social Security, is that it?
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Well, for me, I didn't care anything about a guardian. I just thoue ht
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a Q Any particular bank?
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:z: .. " "' A Any bank, anything; just so she'd have something .
ai a: Ill 1-Q I think that's all I have.
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1-a: :J 0 u not reco~ded by the stenographer).
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You are excused.
e 1V.LR. GIL1V.LORE: That's all I have, Your Honor. I will be sure
and get the Affidavit changed for our part of the case.
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AGNES HURFORD IS CALLED AND SWORN.
DIRECT EXAMINATION BY 1V1R. RODGERS:
Q Would you give your name for the record, Mrs. Hurford?
A lV1iss Agnes Hurford. I'm Theresa Petrunia's daughter.
Q Where doyou live?
A 7 37 Arch, Alliance, Ohio.
Q You are the daughter of Theresa Petrunia?
A Yes, sir.
Q And did you visit your mother at her home in Monongahela?
A Yes, I did. And when I didn't visit I phoned. I'tle been going home
for 20 years, a week at a time, four weeks at a time and three wEeks
at a time.
Q Now I call your attention to just shortly before your stepfather
passed away, which is, I understand about---
A Six days before my stepfather died my mother asked me to depos 't
an amount in a bank for her and I looked---
Q Just a minute. Six days before he died, that was in June of 1966
or July of 1966?
A I don't remember the exact year, like I stated to you before. It w/~s
in a five or six year period. But six days before he passed away
my mother asked me to deposit something in the bank for her and
I opened the bank book, there was $37, 000 in there because I rea
it with my own eyes .
Q .Do you remember what bank it was?
A That I am confused. All I know, you go down Fourth Street and Ml=tin
Street. It was a nice building. Four days before my daddy died m
mother and I went down to the bank and she drawed out a bond whi~h
she went back to the vault where she stated there was other bonds
and things and there she cashed a bond, $75.00.
Q Do you kn:D\\W of any extraordinary expenses that your mother has
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had since your stepfather i¥as passed away?
The amount my mother told me, but she said she had signed $8, 0 0,
b:<D-signed a note for my sister Marie Fine's boy for $8,000 on thE
furniture, co-signed for it.
When did she tell that to you ?
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!!! A 0 She told me that after daddy died. I didn't know that happened befc re.
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~ Q What would your mother have lived on since your stepfather's dea h? ...
ai ffi A She had Social Security and she had money in the bank and plus ... a: 0 ~ that she had renters there. a: ... a: g Q Doyou understand that that income was adequate to take care of h~r u
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needs?
I don't know the expenses, what her insurance and this and that,
but I do know Uncle Paul told me,that is my mother's brother,
by the name of Paul Partezana, three weeks, approximately a
month ago when I was home from the time my mother was admittEd
to the Presbyterian Hospital and the Mayview Institution, there is
jewelry missing.
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Q This is hearsay information.
A There is jew~lry missing.
THE COURT: Would you mind confining your answers to th
questions that are asked by counsel? He knows better how to perf ~rm
in this rna tter.
Q What bank accounts have you seen, more than the one account bool ?
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Years ago I did.
I mean since your stepfather's death.
All I know is from Uncle Paul there was supposed to be three balk
accounts. I know of the one myself.
And do you know what Mrs. Fine has been doing so far as taking
care of your mother's affairs?
Well, I would like to know where the money is and how much.
Wh:-at has she done? Do you know of anything that she's done so
~ far as----'" a: 0 ~ A That I can't swear to. The only things I'm going by is hearsay in
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the family.
But you actually saw the bank account with the $37, 000.
:Yes, I did.
And have you ever asked Mrs. Fine if she knows anything about i ?
A No. I've never asked her because that was between my mother
and I filgured the time would come everything would come out.
My mother, I figured she was the boss of it and what my mother
done was her business with it. But I think the amount of money
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should be left in the bank to her security until she passed away or
what fhe situation is.
Q Are you asking that the Court consider you as a guardian?
A No. I can't afford to be. I'm in Ohio and I'm living on alimony anc
I doctor there.
Q Would it be acceptable or as a recommendation to the Court if a lank
were appointed as guar-dian? Would that satisfy you?
A That's why I came to you. I wanted you to take care of it or youa:-
judgment of the other attorney.
Q ·Cross examine.
MR. GIL!V!ORE: I have no questions, Your Honor.
THE COURT: The Court has no questions of this witness.
You are excused. Thank you.
THE COURT: The Court will take the matter of appointmen
of a guardian under advisement.
(Proceedings Closed).
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: hcatinq of the above cause 1s heteby'_app~otred and directed· to .be fUeo~
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N2 12887 Washington, Pa., ~ r , 19z.j_
OFFICE OF
CLERK OF ORPHANS' COURT DIVISION
RUSSELL MARINO, Clerk of Orphans' Court Division
Received of ~)2-e:ZZ~ £4~ ~
State, etc. - - -$======
Tota! ------$ .b:s-z; "2..--?~c:....-Per~~~~------------------
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IN THE COURT OF COMJ.vJ.ON PLEAS OF WASHINGTON CaJ NTY, PENNA.
• • ~ ;. • • ' '< • • •
OhPHANS' COU.kT D.IVISION
IN RE:
E_STATE OF
THERESA PETRUNIA,
an alleged · incorr.petent.
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No. 989 of 1971
D E C R E E
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•.. p~titionand after a hearing beld.foUowing due notice, it is ORDERED)\ND
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DECREED that
T~.ERESA PETRU.NIA is adjudged an inc.ompeten~ .
..,1 .. ".-. ,. Wester,n· Pennsylvania National Bank of Pittsburgh .is appoinfeq Guardian·
of th~ Es.tate of THERESA PETRUNiA, an incompetent~ ... •
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. The said Guardian is directed to file an ~nventory i~ accordanc:e with •.
,the provisions of Section 402.of'the.lnco~p~tentsi Estates Act of 19_55, as
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By the Court,
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