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OC1971-1077 - ESTATE OF NEUMAN
, ••. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ,:)1 IN RE:ESTATE OF SHIRLEY MAY NEUMAN, AN INCOMPETENT ......1...J CJ'~ 0,j C\-i"-'-:if)_ .;;...>•.•-c.t:...~.~.:0r:::'':)jS.U (.:.~:~!C '''-2a-o ..- l...L..J .C) ;:':::.>e::::::l{)(~:t-- 1.•1•..'I I ~..w0 t·······,.:;:;L. (...,-.,r-0:c--,.'-u I.U l./)9 0C p::::<C L.I-i C'J 3~0'" ORPHANS'COURT DIVISION No.:63-71-1077 TYPE OF PLEADING:PETITION FOR AP~OINTMENT OF SUCCESSOR GUARDIAN FOR THE ESTATE OF SHIRLEY MAY NEUMAN,AN INCOMPETENT FILED ON BEHALF OF:LILLIAN BEAM, PETITIONER COUNSEL OF RECORD ~OR THIS PARTY: JEROME HAHN,ESQUIRE 247 Washington Trust Bldg. Washington,PA 15301 Pa.1.D.1105459 (412)225-4900 ," '.i., IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE:PETITION FOR APPOINTMENT OF SUCCESSOR GUARDIAN FOR THE ESTATE OF SHIRLEY MAY NEUMAN,AN INCOMPETENT PETITION ) )No.6371-1077 ) ) ) TO:THE HONORABLE THOMAS D.GLADDEN,PRESIDENT JUDGE OF SAID COURT: The Petition of Lillian Beam respectfully represents: 1.That she is the sister of Shirley May Neuman,and your Petitioner resides at 128 Maple Street,Canonsburg,Washington County,Pennsylvania. 2.That the Court on November 22,1971,Adjudged that Shirley May Neuman was an incompetent and Jean Fazzo1are was appointed Guardian of her Estate. 3.That said Jean Fazzo1are,who was a sister of the within incompetent and of your Petitioner,entered into the dutte.s as Guardian and served as such until her death on September 1,1992. 4.That said Shirley May Neuman resided with her Guardian,Jean Fazzo1are .and brother-in-law,Frank Fazzo1are,at 325 Western Avenue, Houston,Washington County,Pennsylvania,but since her Guardian's death has and will reside with her brother,Harold Neuman,and sister-in-law, Laura Neuman,at 317 Western Avenue,Houston,Washington County,Pennsylvania. 5.That the known estate of Shirley May Neuman is as follows: There is the sum of $7,022.33,which is held in a savings account for the benefit of said ward at SlovenianSavings &Loan Association of Strabane, Pennsylvania,under and in accord with the Court's Orders of September 13, 1973,and October 11,1973. ,., 1.1 -. 6.That in addition to said sum of money the aforesaid Guardian, who had been appointed as Representative Payee by the Social Security Administration was receiving the sum of $438.00 monthly Social Security benefits of which she would still be receiving. 7.The persons who would be entitled to share in the Estate of Shirley May Neuman,if she died intestate at this time would be: HAROLD NEUMAN,Brother 317 Western Avenue Houston,PA 15342 LILLIAN BEAM -Sister 128 Maple Street Canonsburg,PA 15317 8.That all of the above mentioned are sui juris and said Harold Neuman joins or will have joined in this Petition by the time it is presented. 9.That it is suggested that Laura Neuman,sister-in-law of said Shirley May Neuman,be appointed Successor Guardian of the Estate of the within ward. 10.That the proposed Guardian has no interest adverse to the Estate of the said incompetent,and has indicated her acceptance of the Guardianship if appointed by the Court. WHEREFORE,your Petitioner prays Your Honorable Court to appoint as Successor Guardian for the Estate of said Shirley May Neuman,said Laura Neuman. LILLIAN BEAM ..... IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE:ESTATE OF SHIRLEY MAY NEUMAN, AN INCOMPETENT ) ) ) ) ) No.63-71-1077 DEC R E E AND NOW,this £day of _~~~~w..:..h=-=Vv-=-,1992, on consideration of the within Petition and the Joinder by Harold Neuman, other party in interest It is hereby ORDERED,ADJUDGED and DECREED that Laura Neuman, sister-in-law of the within incompetent,Shirley May Neuman,be appointed Successor Guardian of the Estate of within Ward. It is further ORDERED,ADJUDGED and DECREED that the money of said Ward,which is held in the-savings account for the benefit of said Ward at Slovenian Savings &Loan Association of Strabane,Pennsylvania,be retained therein without any withdrawals therefrom without an Order from this Court in accord with the Orders of the Orphans'Court Division of this Court of September 13,1973,and October 11,1973.The filing of Bond by said Successor Guardian is hereby waived and excused.An inventory of said Estate shall be filed within a reasonable time by said Guardian. ,..,, ,,'.~'.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON ) ) ) SS: Before me,the undersigned authority,personally appeared LILLIAN BEAM,who being duly sworn according to law,deposes and says that;she is the Petitioner in the foregoing Petition For Appointment Of Successor Guardian For The Estate Of Shirley May Neuman and that the facts set forth therein are true and correct to the best of her knowledge,information and belief. Lillian Beam Sworn ~nd subscribed to before me this J..l/tl day of ~,1992. r~llk~ Notary Public NOTARIAL SEAL FLORA GIBSON,Notary Public Washington,Washington County,Pa. My Commission Expires Dec.23,1995 " IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION ~,, IN RE:PETITION FOR APPOINTMENT OF ) ) SUCCESSOR GUARDIAN FOR THE ESTATE OF ) ) SHIRLEY MAY NEUMAN,AN INCOMPETENT ) JOINDER No.63-71-1077 I,HAROLD NEUMAN,brother of Shirley May Neuman,the within incompetent,hereby accept service of the within Petition and waive any notice requirement of its intended presentation and join in the pray'er thereof to have Laura Neuman appointed Successor Guardian. ,,. 1,'o'7111',:I IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE:PETITION FOR APPOINTMENT OF ) ) SUCCESSOR GUARDIAN FOR THE ESTATE OF ) ) SHIRLEY MAY NEUMAN,AN INCOMPETENT.) No.63-71-1077 ACCEPTANCE OF GUARDIANSHIP I,LAURA NEUMAN,hereby accept appointment as Successor Guardian for Shirley May Neuman,the within incompetent,and agree to perform my duties with fidelity. ~~~"~----r::z-=. Laura Neuman •.tt .,.....~.J.-",\~...~ •J l ;), In the Court of Common Pleas of Washington County,Pennsylvanic Orphans I Court Divisim No.1077 of 1971 IN RE: ESTATE OF SHIRLEY MAY NEU1ViAN, an alleged incompetent. DEC R E E -.. ~ ~ t f ~(/~rr ~ fok U-~~1 .....,~~~f';. \'., ~~ (Marino,J.) ,. C';. " "- ~~~~ ORPHANS'COURT DIVISION (COURT OF COMMON PLEAS) WASHINGTON,PA. /:;.s--/ /() ~2 ..---:..:-.--- IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISICN INRE: ESTATE OF SHIRLEY IVIA Y NEUN1A N, an alleged incom petent. ) ) ) ) ) ) ) No.1077 of 1971 DEC R E E AND NOW,November t2.:L ,1971,upon consideration of the annexed petition and after a hearing held following due notice,it is ORDERED AND DECREED that SHIRLEY MAY NEUMAN is adjudg-ed an incompetent. Jean Fazzolare is appointed Guardian of the estate of SHIRLEY M.A Y NEUlViAN,an incompetent. The said Guardian is directed to file an inventory in accordance with the provisions of Section 402 of the Incompetents I Estates Act of 1955,as 'amended. The said Guardian shall file bond with sufficient surety in the sum Of~~~~.~~)~~~.~~~~~r~~j /By the Court,- .~~h . J. ," ~ , ~. ': ~ ~ l' ~ -' (; ~. IN THE ORPHANS COURT OF WASHINGTON,PENNSYLVANIA &'3-7/-/D77 IN RE:APPOINTMENT OF A GUARDIAN: FOR THE ESTATE OF SHIRLEY MAY NEUMAN, An Alleged Mental ImcompeteHt ---, tl :;-"'"_~EJI!I'TION r-, c?-.\t)~.~~.;._j!:'hlf?t>fJ 1\',,'~IfPD'~~: JEROME HAHN ATTORNEY AT LAW 211 WASHINGTON TRUST BLDG. WASHINGTON,p.A.1530~~~~/9~W I A~--)I'D o I IN THE ORPHANS COURT OF WASHINGTON COUNTY,PENNSYLVANIA IN HE:A,ppOrnNTMENT OF A GUARDIAN: FOR THE ESTATE ,OF SHIRLEYlVIAY NEUMAN, An Alleged Mental Incompetent PETITION ( ~) ( 63-71-1077 '. TO THE HONORABLE P.V.MARINO,PRESIDENT JUDGE OF SAID COURT: The Petition of Lillian Beam,respectfully represents: 1.,That she is the sister of Shirley May Neuman,and your petitioner resides at 128 Maple Street,Canonsburg,Washingtoh County,Pennsylvania. 2.That Shirley May Neuman is age 44 and resides with her sister Jean Fazzolare,at 160 Garden Street,Canonsburg,Penn... sylvania. 3.That the mind of Shirley May Neuman has become affected and she is unatiLe to manage her property and in consequence there of is liable to lose or dissipate the same and become the victim of designing persons. "4..The,t the 'known estate of said Shirley May Neuman is as follows.She is the life tenant'of the hereafter ~escribed real,. estate under the will of her father,Ko'nyers Neuman,who died ,April 17,1967,,a resident of Washington County,which wi 11 has I been probated in y'?ur Honorable Court;said real estate consists of a house and two lots known as 325 Western Avenue,Houston, Pennsylvania,with the value estimated to be about $9~500.00. Further,Jean Fazzolare,the aforesaid sister,executrix of the estate-of Konyers Neuman,deceased,has rented the house from time t9 time and has also been receiving as payee,social securit disability benefits which now are in the amount of $130.50 monthl for said Shirley May Neuman. 5.Further,under the aforesaid will,the house hold fur- nishings in said household were left to said Shirley May Neuman;', however the aforesaid rental inoome and social security disabilit benefits hive been exceeded by the expenses',for the support and maintenance of said Shirley May Neuman and by maintenance expense for said house,so at present,there is no net cash left that \ ·'. ,.., would be considered as ·assets of s aid Shirley May Neuman. 6.That the persons who would be entitled to share in the estate of Shirley May Neuman,if she died intestate at this time are: HAROLD NEUMAN -Brother 317 Western Avenue Houston,Penna L~llian Beam -Sister 128 Maple Street Canonsburg,Penna. Jean Faizolare -Sister 160 Garden Street Canonsburg,Penna. 7.That all the a bYe mentioned are sui juris. '8.That said Jean Fazzolare,sister,as aforesaid,is pro- posed as guardian of the estate of the alleged incompetent .and waS also appointed as such under the will of Konyers Neuman,deceased~ .9.Tha t the alleged incompetent ,has no guardian for her estate and no guardian of the person of the alleged incompetent m~s been appointed. 10.That no other Court has .assumed jurisdiction in any proceedings to determine the competency of Shirley May Neuman. 11.That the proposed guardian has no interest adverse to the estate of the said incompetent. l.'WHEREFORE,your petitioner prays your Honcrable Court to appoint a guardian for the estate of the said Shirley May Neuman, ahd that a Citation be awarded to her,with notice to her .next of kin residing in the Commonwealth and to such other persons as the Court may direct,to show cause why she should not be adjudged an imcompetent and a guardian for her estate appointed. ... COMMONWEALTH OF PENNSYLVANIA ))SS: COUNTY OF WASHINGTON ) Before me,the undersigned authority,personally appeared LILLIAN,BEAM,.who being duly sworn according to law deposes and says that;she is the petitioner in the foregoing petition fo the appointment of a guardian for the estate of Shirley May Neuman and that the facts set forth therein are true and correct to the best of her knowledge,information and b~lief. LILLIAN BEAM Sworn to and subscribed before me this :10 day of October,1971. WASHINGTON'CO..PA. MyCommission Expires February 27,1976.. \nn: .11n wile QIourt of Q!l1ntmntt ~IHett!i of'lhtnllittgton mounty,ltttnullyluu.ntu IN RE:APPOINT!'IENT OF (®rp11tttt.!i'monrt mhtintntl A GUARDIAN FOR THE ESTATE ) OF SH.IRLIIY HAY NEUMAlit.)or,..'t6-talt+nn.(An Alleged 1'1ental (_.)NO 0 63-71-1077 Incompetent.)( () .(lfnnunnututttltl1 of 'rtUl,gylttttttia Qrnuuty of Ihtnl}lugtou To:SHIRLEY ~ffiY NEUK~N Sur Petition of:_--=L=IL=L=I=A=N.:---=B~EA=:..::.M _ that,l~ying aside all business and excuses whatsoever,you do file 111 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 s'aid petition,on or·before_._-J.:.IM.u.on.l..llJ.Jda::l..,J¥-T__,the 22 day ot_NmrAmber ,.I 19-1l-,at lO~OO o'clock---A-.M.,·and show cause why the sai'd Shirley May Neuman should not be ad,iy.dged 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 28th day of .~;;:~~ ~.Clerk of the Orphans'Court (Seal) __--ltJ-~TEL;.jjR..I...IOJ..J.ME:ll.:.L-LHLOA_uB1.u.J..~,Esq. Attorney for Petitioner.211 Washington Trust Bldg., Washington,Penna~, 15301. .. PRELIMINARY ORDER OF COURT .. AND NOW,to.wit,this //7....LL12.1971J.7~ay Of~~upon consideration of the annexed petition and on motion of Jerome Hahn,Attorney at Law,it is hereby ORDERED AND DECREED that a I ,. Citation be awarded,directed to Shirley May Neuman 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 on the Z-~day , / //l 1971 I b ~Lz Mof/,:/~at ,o'clock /r,11(",Eastern Standard Time. At leaS~YS notice of the hearing shall be given to Shirley ~ay Neuman,the alleged incompetent ,by personal servicei of said Petition,Preliminary Order and Citation,and by Service of Notic~upon the next of kin who have not joined in the annexed petition. .i .. IN THE ORPHAN'S COURT OF ~ASHINGTON COUNTY,PENNA IN HE:APPOINTMENT OF A GUARDIAN: FOR THE ESTATE OF SHIRLEY MAY NEUMAN An alledged Mental Incompe- tent '-'-4~til,'" (J')C c:C':',"-:r:-:..en t-,; AFF5ErfA;~I;T OF'-SERJl~CE......,--.')..~7j ;~en (-r.:2 0 ;;..,-=:;:._~_..........."VI' \ -:-E ::n .. -.I """ i-j , i~ .., '. --'",..o -._~ t.oV0::::_;·z-0'0 c:::>1>(f>= JEROME HAHN ATTORNEY AT LAW 211 WASHIN~TO TRUST BLDG. WASHINGT ,PA.15301r9l;c·. IN THE ORPHANS COURT OF WASHINGTON COUNTY,PENNSYLVANIA INRE:APPOINTMENT OF A GUARDIAN:) ( FOR THE ESTATE OF SHIRLEY MAY NEUMAN ) ( An Alleged Mental Incompetent ) AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON ) ~S8: ,-, Personally,appeared before me,the undersigned au thority, S.C.Solomon,who,being duly sworn according to ~w,deposes and says that he is the duly appointed and acting deputy,consta- ble in and for Chartiers Township,Washington County,Pennsyl- Ci tation and vania;that he did serve a copy of the/Petition for Appointment of a Guardian for the Estate of Shirrey May Neuman at the above number and term,duly attested by the Prothonotary,on Shirley May Neuman,the alleged i~competent,at 160 Garden Street, Canonsburg,Pennsylvania on Friday,Gctob&r 29,1971 at 6:00 p.m. C1 ta t1 on andbyIkJ.handing to her the said attested copy of the/Petition for Appointment of a Guardian for the Estate of Shirley May Neuman and making known to ber the contents thereof;the said alleged incompetent being made known to him by Jean Fazzolare,her sister, and others. s.C~SOLOMON v Sworn and subscribed before me this 3u/day of91~,19731.IQ C~r)/V (}.AfJT,l!3o.l'L) I v- \......- MARGARET BAllS,Notary Public WASHINGTON.WASHINGTON co..PA. My Commission Expires February 27,191E -, IN THE ORPHANS'COURT OF 1 ,i)WASHINGTON COUNTY,PENNA. IN RE: .-~ -,I.''a'" STATE OF SHIRLEY MAY NEUMAN AN INCOMPETENT NO.1077 of 1971 'j . I GUARDIAN'S BOND AND NO'i ~M.t::-"ly /17z..wi thin '. -&-. .!.-- "-u r---:;:-.(.:'"}C"l Bond islapproved aog directe~::':"".3 r"v :,;::,.m ::1J • to be fjJ-[d~~;tC~~~.~.~-' 1/---~~,r '.f'/~':-.., ._1 / "I.'•iiI-' JEROME HAHN ~ ATTORNEY AT LAW 211 WASHINGTON TRUST BLDG. WASHINGTON,PA.15301 I ~S-I//~ ,.. ,,' \-,,....... • '"',."'---,").......~!f),- IN THE ORPHAN'S COURT OF WASHINGTON COUNTY,PENNSYLVANIA IN RE:ESTATE OF SHIRLEY MAY NEIDIIAN) an incompetent )N60,1077 of 1971 GUARDIAN'S BOND--'------ - KNO'~LL MEN BY THESE PRESENTS,That we,Jean Fazzolar , Guardian of~the Estate of Shirley May Neuman,an incompetent,and TRANSAMERICA INSURANCE COMPANY,surety,are held and firmly bound unto the Commonwealth of Pennsylvania,in the sum of one thousand and no/IOO ($1,000.00)~ollars,lawful money,to be paid said Commonwealth of Pennsylvania,their certain attorneys or assigns; to which payment,well and truly to be made,we,bind ourselves -and each of us,our heirs,executors and admintstrators,successor, and assigns~jointly and severally,firmly by thede presents. Sealed wi th our seals,dated the .\.~day of D,,<...L.-L'Yl'V"\A...o1VVl in the year of our Lord One Thousand Nine Hundred and Seventy-one. NOW,'.THE CONDITION OF THIS OBLIGATION IS SUCH,That if the said guardian shall well and truly administer the estate according to law this obligation shall be void;but otherwise,it shall bemain in force. Da ted:k./5--/'17/ '. BY: (SEAL) f' ~/:..,: ,, (-. -,- ,. ,.- (SEAL) ed and delivered in the ence of: .: .Y!".j::J ... i:;, ",<?,0,-...... 0-\._ • .--'"J ... ,------------- TRAN8AM'ERI\CA 6NIIURANCB COMPANr -.- <-CERTIFlED COpy .~,.,.}.' poWER QC 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 WASHINGTON, 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 execute and 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 all bonds and undertakings in an UNLIMITED AMOUNT,in any single instance,for or on behalf of this Company,in its business and in accordance with its charter, and to bind TRANSAMERICA 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,recogniZBnc~s,contracts of in- demnity,endorsements,stipulations,waivers,consents of sureties,re-insurance acceptances or agreements,surety and co-surety obligations andagreements,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 lIuthorized to so sign by (i)the Board of nirectors,(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 lin existing officer. The affixing of the corporate seal shall not be necessllry to the vlllid 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 Directors of 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-Illws 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 lind seal,when 110 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 lind 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 ,196~,·before·me"personally came T.M.~regory to me known who,being by me duly ;swom,'did depose ~nd say:tha,t he r.sl~es In the City of Pasadena,State of CaUfoml~ that he is 'a Vice-President of .Tranaamerica,Insuran~e Company,the Corporation deacribed In and which exe- cuted the above instrument;that he knows the aea1 of sold Corporation;that the aeal affixed to the said instrument is such corporate seal;that it watt so affixed pursucmt to authority given by the Board of Dlr-ctors of aaid corp- oration and that he signed his name thereto purauant to like authority,and acknowledCJ811 aame to be the act and deed of said corporation. 238 (Over) /~.4~~N.t.ry public My Commission Expires September 15,1967. I,F.W.Devine,Assistant Secretary of Transamerica Insurance Company,do hereby certify that the Power of Attorney herein before set forth is still in force,and further certity 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 15th day of December ,1971 . /~0':~;~;~;~';'~;;~"" .:..ti :=........./···.~~"'O••I...\~~.··I........ -.,"-.~" .."\,l.• F.W.DEVINE,Assistant Secretary C4 ~\,'.J.f ~ .~i~_~. ..~J-: \ .~ .' '--- ,;.1 I ~ 1, itiJ ~._(0 '27 ti?1771 ~--~---7' IN THE COURT OF COMMON PLEAS OF WA.SHING'J:'QN CQUNT'X"I'.Pl\., ORPHAl.'JS I.COURT DIVIS TON IN RE: ESTATE OF SHIRLEY .MAY NEUMAN, AN INCOMPETENT • NO.1077 of 1971 l'•~.••" ..I,' .:",I.: II=p=E=T=I=T=I=O=N==F=O=R==....=P=R=I=V=A=T=E==S=A=L=E==O=F~·'1·i£ REAL ESTATE UNf,)ER--SEC.5521 (2 fJ,i(#: &(~6)OF THE ..PROBATE,ESTATE .!.~" &FIDUCIARIES'CODE OF 1972. ,II I 'j \.:-cJ ,~ 01 .\ ~<o J I '.\ ~...",~;.;~."..-J .,,y <::0 ,..'''1 t.ou .:t>rrJ:::O --,- C/)<n c c:....r:C-v"')c= -(l)(I')r- Z -{il1 ,~~~_c.,rn :-t"'-J f·t~~"":--~0Z::?-'"..,~--0oh.-=::;:E-if:..?;='"'-"g ~~~::;. -~0-~~JEROME HAHN ATTORNEY AT LAW 11 WASHINGTON TRUST BLDG. WASHINGTON,PA.1Y' I j,S--lt I , '. '1 ,--------------~-----------------" '\ IN THE COURT OF COMMON PLEAS OF WASHING10~COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: ESTATE OF SHIRLEY MAY NEUMAN AN INCO.T'1J?ETENT. No.1077 of 1971 PETITION FOR PRIVATE SALEOFREA.L ESTATE UNDER SECTIONS 5521 (25) and (26)OF THE PROBATE,'ESTATES,AND FIDUCIARIES CODE OF 1972. The Petition of Jean Fazzolare respectfully represents: 1.That she was appointed guardian of the Estate of Shirley May Neuman,an incompetent,at the above number and term by your Honorable Court,on November 22,1971. 2.That your petitioner hold for its ward the following; assets:As legatee and devisee under the Will of Konyers Neuman, deceased,and a Decree of Distribution in said estate dated June 12 1972,by your Honorable Court,a life estate in a house and two lots known as 325 Western Avenue,Houston,Pennsylvania as set forth more fully hereafter.Also,Petitioner receives as represent~- tive payee,social security disability benefits in the amount of $130.50 for said ward,which have been and will continue to be used for said ward's maintenance.The $300.00 in household goods re- ceived by the ward under the aforesaid Will had to be disposed of for the care and maintenance of said ward. 3.That said Konyers Neuman was the father of your Petitioner guardian,and the within incompetent,Shirley May Neuman, who has lived with your petitioner and her husband,Frank Fazzolare, Jr.,since their Father's death on April 17,1967. 4.That your Petitioner and her husband and said ward have moved into the property known as 325 Western Avenue,Houston, Pennsylvania,on November 19,1971,which property is in need of numerous repairs but said ward lacks such income to pay for or afford said repairs. 5.Under the Will of their father,Konyers,Neuman,your petitioner in her own right and her sister,Lillian Beam and Harold Neuman,were left a remainder interest in the aforesaid real estate subject only to a life estate in Shirley May Neuman. 6.That your petitioner,as guardian as aforesaid,and all the other parties in interest have agreed to sell the real estate I a.t 325·Western l\venuei,n HQu$ton.f..J;'erin~yly~ni,~{,,to Y-QuP Pe.ti,t:L,Qne.r. in her indivi.dua.l ca,pacity'and h.er:hU$ba:nd (F~a,nk,Fa,zzol.~r'e {I'.J;r;,ft by written sales:agreement,j .attach.ed her.·eto r .made,'a pa.rthe·:r;"eo.f and marked Exhibit "AI.l.• 7.That said sc;l.les agreement is for the'·$·aid prucha:se price o:f $9,,500 ..00 less a credi.t a,gaJnst saJ,d $9'i5.0Q~OQ fop the value of Jea'n Fazzola.re "s undivi.ded one';,third inter:est a,s'rerriainde - man under the Will of her said Father and under the aforesaid Court Decree of Distr ibut~on.Further:(\,sa.id A,greementshows al.l ('parties intenv to a.nd have agreed to·pe'bound·by:yo~r H'onorable Court I..S determination of 'theamourt):?of value a.nd of $aid purchase price to be due and payable to each,c,f the'rri. 8.That your Petitioner believes it would be in the best interest of its ward to sell said fractional interest"that said prioe is a fair and :full price for thewithJn des'cr,ibed prope ty and a better price than could be ~btained at a public sale .. 9.Attached hereto axe 'A:ffidavits of two competent persons familiar with the value of the 'rea:l esta,te in its localit to the effect that a better price could be obtained by the propose private sale than by a public sale,marked Exhibit lhBr. WHEREFQRE f your'Petitioner prays your Honorable Court fo permission to execute,acknowledge and deliver a general warranty deed with the other parties in interestf conveying the life estate interest of its ward in the property in 325 Western Avenue,Housto , Pe~Dsylv3nia,as reeited ir.th~within Petition and to grant and convey the property as more fully described in Exhibit "A.'~attache to the within Petition,for the ~ortion of the $9~5.00~OO purchase price,less the credit in the 'price 'as set forth 'in aforesaid Exhibit "A")that is determined by your Honorable Court to be the value of said life estate in said real estate,to the purchasers Jean Fazzolare,in her individual capacity,and not as guardian and her husband,Frank Fazzolare,Jr.,under Sections 5521(25)and (26)of the Probate,Estates and Fiduciaries Code of 1972,said sale to have the effect of a Judicial Sale. AN FAZZOLA'Guardlan of the Estate of S irley May Neuman, an incompetent. REAL PROPERTY AGREEMENT FORM NO,16 (1971) .WASHINGTON COUNTY BAR ASSOCIATION WASHINGTON,PA, wqis Agr~~m~nt Made the s-rdt,day of October '.19 7.2 j3etween :'Jean.,Fazzolare,G~ardian of the es ta te .of Shirley Mae Neuman,an lncompetent and Harold Neuman,Laura 'Neuman,hlS wife and Lillian Beam and Harry ~eam,her husband (hereinafter called "Seller")and Jean Fazzolare,individually,and Frank Fazzolare Jrherhusband'(11ereinafter called "Buyer"). WITNESSETH,that for the consideration hereinafter set forth and intending to be legally bound the Seller and Buyer mutually agree as follows: ,1.'S'elle~agrees to sell and cqnvey to buyer on or before 60 days by a'general warranty deed in fee simple absolute,clear of all mortgages,judgment liens and tax liens and other encumbrances affecting its marketability (except as hereinafter set forth)all the real property described in Paragraph 8 hereof. 2.Buyer agrees to purchase said real property'and to p~y Seller therefor the sum of Nine Thousand Five'Hundred Dollars "($,9,50o~OO)~N>HX 'l,ess credit-for th~value or theindi~ided one~third interest'of said'Jean Fazzolare,individ- ually,"as remainderman as··set forth here'after.Said pure ha'se pri ce to be paid in cash or its equivalent.on the closing,of the within sale. The ,vi ithin s ale is subject to the approval of Orphans I Court of Washing- ton.County.The 'aforesaid c~edit to be given said rrean'Fazzolare,individ- ually'snaIl be in'the amount as determined by the Orphans'Court of Washington County. 3.Possession shall be 'given .. at the office of Seller's attorney oox i mme di ate1Y",'X9oCX ,0000)(?KtJdIQRent:x.haibbexo:a:d.K x.l<9 .x.xx~ 4.Buyer and Seller shall each pay one-half of all state and local realty transfer taxes payable upon this transaction,but real estate taxes,sewer charges,and rents and royalties shall be prorated on a calendar year basis between Sell~r and Buyer as of.'date of delivery of possession of .the premises,.except.as hereinafter set forth: Wl'+hl'n a Settleme.nt ,J.s ,to bte madhe ..f".d',-l'~'f"I d th'v reasonaOle u~me afler tea oresal approva 0 sa e an e aforesaid de~ermiria~ion of credit by the Orpha~s'Court of Washington County. .. 5.From and after the date of this agreement,insura~ce shall be provided and paid for as follows: Fire 'insurance w'ith"extendea'coverage shall be maintained and paid for by buyer throughdate of closing. 6.Time is 'not of the essence of this Agreement. 7:"Th-e'parties'furthe'ragree as follows':,.'Each 'or-the''parties hereto who are sellers ~ria "'eacH of the p~rties h~r~t6 whb ~~e but~¥§hereby a~ree 'that if the within sale is 'approved by the Orphans"Co1.irt"of'Washingtob;County that they agree to beoound"by th~d"ecision'an<l'aet'ermination'or-said"Orphans'Court as'to'tne'value of thefr respec'tive'interest~fn saidreale state'and accept tn~portion'or"th~aforesaia purcha's'e price determined'oy said Court'to be due "&tid-p§yabletti the~."If sala Orphans"Cburt~dbes'notapprove of the within'sale,.the within Agreement shall become null,void and of no legal effect. 8,The'real property which is the subject of this Agreement is described'as follows:'....., ALL.those two certain lots of ground·situate in Chartiers Town- ship,Washing ton .Caun ty,Pennsyl vania,known and'designa ted as LGts 19 and 40'in a plan of lots laid out for Harry L.McNary by H.M Day as revised on Marc.h 1,1945,and which said lots are more particula rly bounded and described as follows: 'LOT NO.19:BEGINNING at a point common to the .lot herein described, Lot No.18 in said Plan,.and Western'Avenue which·said point is Northwest from'land forme~ly belonging to.S.C.Reynblds by various courses and distances along the edge of said.western Avenue.810 feet;extending thence along the line :of 'said Lot No.18 ·South"lt3°10'West 140.4 feet,to a '33 foot street; extending 'thence alon~the 'lin~of said street North 59°19'West 45~1 feet to the line '.of Lot ,No.20 in s aid Plan;I .extending thence along the line'of said Lot No.20 North.18°10'East 140 feet to Western Avenue aforesaid;.ex- tending thence along said Western Avenue on a curve to the left with a radius of 588.34 feet 45 feet to the place of beginning,having erected thereon a frame dwelling. LOT NO.40:BEGINNING,at a.point common to Lot No.39 insaid Plan the lot herein des cribed,and a 33 foot s·treet,which point s hall"be determined'as follows:A line beginning?t -the intersection'of Western Avenue,.land formerly -belonging to·S.·C.Reynolds and Lot No.1 in said ,Plan of Lots;extending thence along the'line of land formerly belonging to.S.C.Reynolds South 18°10'.West 173 .feet to.~·point ' which said point is'the Southerly side of·said'33'foot street a t-Lot I No.22 in said Plari;·extinding ..thence along the line of said 33 foot street North·82°47''West 473.7 feet;e'xtending thence along the same North 73 P 41'We~t 292.5 ~eet to a point;extendrng thence along the \sa~e N6rth"59~19'West 45.7·feet to the intersection of the·lines dividing to'ts Nos.39"and 40,the place"of beginning;extending thence along the lihe of lot 39 South 18°'10'West 90.12 feet to a point near Chartiers Creek;extending along a line near Chartiers Creek North 51 c 41'west 46.9 feet to the line of'Lot No.41 insaid Plan;'extending thence along the line of said Lot No.41 North 18°10'East 83.73 feet to the 33 foot street af6resaid;extending thence along the line of said street South 59 0 19'East 45.1 feet to t he place of beginning:.. .'BEING the same property which Konyers Neuman,who died April 17,1967 devised by his Will in Will Book 103,Page 491 as follows:A life estate in Shirley Mae Neuman,within incompetent,with the remainder interest 'to Lillian Beam and Jean Fazzolare"his daughters and to Harold Neuman,his son,some of the parties mentioned in the instant agreement and said Jean Fazzolare was appointed Guardian of the estate of Shirley Mae Neuman, ~thin incompetent,by said Orphans'Court on November 22,1971 .,- "" 9.If ~uyer defaults in payment or performance for 30 days,Seller may,at Seller's election,. use one or more of the following remedies in addition to or instead of any other remedies provided by law: I;. ,i (a)1;rescind this agreement and retain all sums paid on account hereof as liquidated damages,in which case Seller shall retain title to the real estate free and clear of any obligation or duty to Buyer and Buyer shall surrender ilthis Agreement for cancellation; (b~:eject Buyer from said real estate,for which purpose Buyer hereby authorizes any attorney -of-.any Court o~Record to appear for Buyer and confess judgment against Buyer in an amicable action of ejectment, 'widi'immediate::writ for possession of the real estate and for damages,to include attorney's commi~sion of 5 % XlK!X I:and costs,hereby waiving stay ofexecution,exemption and inquisition,with release of all errors; (c;:affirm this agreement by delivery of deed to Buyer,declare all sums due hereunder to be ·forthwith due ~nd payable,and cause judgment to be entered therefor,for which purpose Buyer hereby ahthorizes~nd empowers ,iany attorney of any Court of Record to appear for Buyer and confess-judginent against Buyer for the whole bal~'nce due,together with interest,attorney's commission of 5 %.mix'. ,and costs, and hereby agrees to immediate execution thereon,waiving stay of execution,exemption and inquisition,with re- lease of all errdrs. Ii 10.T~is Agreement shall extend to and benefit and bind the heirs,executors,a'dministrators,successors·and 'assigns of the Iparties.'Whenever.used herein,the singular number shall include the plural,the plural the singular and the use of ~ny gender shall include all genders.I . {. NOTICE -THE USE OF ONE OR MORE COAL CLAUSES MAY OR MAY NOT BE REQUIRED BY LAW WITH THIS AGREEMENT.'I . ..............................L . ...(~. W I,ITNESSED BY: Q,J\Ir-\L,,).\D.........(f'.UM··+~····~-t~;_················· Guardian of the Estate 'iWITNf-SS the due execution hereof the day ...Ii-, Fazzbla;e, I Jean --------------------------------------------------, STATE OF PE7SYL~ANIA j-l COUNTY OF.......~.~.-..............................~SS.. ct:.~."X ~On this,the ~day of ;;~,19 :?;~;befote me;..q ~, the undersigned officer,personally appeared Jean Fazzolare,individually,&Frank Fazzolare Jr, known to me (or sat>~ctorily proven)to be the person whose name subscribed to the within instrument,and acknowledged that ':::7 executed the same for the purposes therein contained.. In Witness Whereof,I hereunto set my hand and OffiCi~lse~ ..-~'::::.T7':~;. .....__~L:::··~::;-·r/-···)3 My CommIssIon ExpIres :.!.... ~ss.STATE OF PE~~SYL~ANIA /._ COUNTY OF ~~.. ..cL·a JJ--A _.,.'7/1 §'.........-..s ...~.7-v·-·cl/L~·~~A.On thIS,the day of ,,19 ,.before me,~, .Tean Fazzolare,Guardian of Jhe.Estate of Shirle;y:Mae Neuman.an.tn:CompetenttoeunderSIgnedoffIcer,personalTy appeared Harold Neuman and Laura Neuman t11S wlfe and known to me (or satisfactorily proven)to b~~\\?eIfJJn Be~Wos~l'h~m~a:r;;F~crlb~§~d t~e*ith~~rn~fM1tRent,and acknowledged that executed the same for the purposes therein contained. In Witness Whereof,I hereunto set my hand and official seal.'.~~ ..::.:.::..:::..:::~:.~.~::..:.::::....:.,.:.: My Commission Expires l~[f,./.l....7...1 .. -,--f ....0 (l)us:::(l) 't:l....rn(l)I-<~(l) ~ rnIII....0.u lit (l) z I-<0..~. ~ (l)'t:l!..c:::(l)....S ~-5 .... .... III III ~ ..c::s::: ~ ....s:::>.....-0 ......c:: ~ ........:>t .~(l) ~ U I-<'t:l >.(l)(l)>. ~ 't:l .D ::l(l)I-<...i=Q0(l) < u ..c::(l)(l)..c::.~-.... COMMONWEALTH OF PENNSYLVANIA COUNTY OF ..(55. RECORpED on this :day of...A.D.19 ,in the Recorder's Office of the said County,in Vol.,Page :. Given under my hand ·and the seal of the said office,the date above written. .........................................;,Recorder APPRAISAL OF THE VALUE For:Konyers -Neuman Estate c/o Jean Fazzalare -Guardian 160 Garden Street Canonsburg,Pa.15317 I hereby certify that I have personally examined the property of the Konyers-Neuman Estate located at 325 Western Ave.,Chartiers Township,Washington County, Pennsylvania,and on the date of May 25,1973,my estimated value for thii property is $9,500.00. NINE THOUSAND FIVE HUNDRED DOLLARS AND NO/IOO DOLLARS ($9,500.00) I further certify that I have no present or contemplated future interest in the property appraised or the result of this appraisal. The opinion of value expressed above is the result of the inspection of the said property. No responsibility is assumed for matters of a legal nature concerning the appraised property,nor of questions of survey. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising,public relations,news,sales or other media,without the written consent of the appraiser. APPRAISAL OF THE VALUE For:Konyers-Neuman Estate c/o Jean Fazzolare -Guardian 160 Garden St., Canonsburg,Pa.15317 I hereby certify that I have personally examined the property of the Konyers-Neuman Estate,located at 325 Western Avenue, Chartiers Township,Washington County,Pennsylvania and on the date of April 13,1973,my estimated value for this property is $9,500.00. NINE THOUSAND FIVE HUNDRED DOLLARS AND NO/100 ($9,500.00) I further certify that I have no present or contemplated future interest in the property appraised or the result of this appraisal. The opinion of value expressed above is the result of the inspection of the said property. No responsibility is assumed for matters of a legal nature con- cerning the appraised property,nor of questions of survey. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising,pUblic relations, news,sales or other media,without the written consent of the appraiser. a I I II I?/IExtilJJIf-U STATE OF PENNSYLVANIA SS: COUNTY OF WASHINGTON Personally a,ppeared before 'me (.the 'undersigner!author;t y JEAN FAZZOLARE (who being duly sworn'according to law",deposes and says that the facts set forth 'in 'the within Petition are true and correct to the best of her knowilledge t information and belief. Sworn and subscribed before me this'to 'l/::'day of July,1973. ~~,. Notary Public~"~:'\'7------ ~.EliEllNG,'NOTARY PUBLIC~~ml$.';jon Ex:?ires February 8,1977,mm,Wcu!liniton County,PGlJna. INj!THE COURT OF C'OMMQN'PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA oRPWiNSI COURT DIVISION ;IN RE:) ) ESTATE OF SHIRLEY MAY NEUMAN )NO.1077 of 1971x ) .AN INCOMPETENT,) COURT ORDER- AND NOW,this 2.3 ~day of h '1970 upon conside~~tion of the within Petition,it is hereby ORDERED and DECREED that .~4,the i'tf·day of I~,197~at L,O;(M)iCIOCkll-::.e7JS-roe fixed as the ti~e for confirmation of the proposed private sale; I after due notice as required by law and Rule of Court,has been given in the interim.~.S ~'r-- ~_'-<-W/i-,L-r ~~6-.1 ....,,~, Ii)A._.r:-r~reo AfJcr---lo ..~\"J-tr .BY THE COURT: o IN THE COURT OF COMMON PLEAS WASHINGTON COUNTY,PENNSYLVAN ,I I '," In Re: ESTATE OF SHIRLEY MAY NEUMA JEROME HAHN .,. .r P"~... u-;.....Q~!.. -- c... ~ ~ ~;....-, ""'"l:= ....c:- o R D E R r-v .'"1.co .~ .~::r ATTORNEY AT LAW WlSHINGTON TRUST BLDG. ~~tSHINGTON,PA.15301 ,\~ C 0 U R T an incompetent. No.1077 of 1971. -X:::: j .l-~&;~:.u.__0 C ~(.i;(..f") _2:-;0')o f"T1 '''1 fq -;:::J ;-o~~ ~_==C'0----,-:.__0'.........~::E ~"':..-.'-.<Jr:=~!~(f)0 :-; '-'. J , I .' c', " "(; "'"J. -. IN THE COURT OF COMMON PLEAS,IN AND FOR WASHINGTON COUNTY, PENNSYLVANIA.ORPHANS'COURT DIVISION. IN RE:ESTATE OF SHIRLEY MAY NEUMAN',) , )No.1017 of 1971 An Incompetent.) COURT ORDER AND NOW, ~~~1973,after / hearing by this Court on application for confirmation of the within proposed sale and it appearing to,the Court that due advertising of said proposed sale was made in the Legal Journal of Washington County,and the Observer-Reporter Newspaper,and that notice was given to the other parties in interest and that no higher bids have been made or accepted from responsible bidders, IT IS HEREBY ORDERED,ADJUDGED AND DECREED that the within proposed sale of 325 Western Avenue,Houston,Pennsylvania be and is hereby confirmed for the gross price of Nine Thousand Five Hundred and no/100 ($9,500.00),Dollars,of which $8,027.91 is determined to be the value of the Life Estate of said Ward in said Real Estate and the balance of $1,427.09 is hereby determined to be the value of the remainder interest in said real estate,and rT IS FURTHER ORDERED,ADJUDGED AND DECREED that JEAN FAZZOLARE,Guardian of the within Ward is hereby authorized and directed to consummate said Sale under and in accord with IithetermsoftheSalesAgreement,attached to the Petition of the said Guardian,for private sal~,maTked Exhibit "A",and to execute,acknowledge and deliver a Deed conveying the Life Estate of said Ward for the gross price of Eight Thousand and Twenty-seven and 91/100 ($8,027.91)Dollars for the Life Estate . I interest of the 'within Ward,to JEAN FAZZOLARE,individually, and FRANK FAZZOLARE,JR.,'her husband,less any sale expenses propeily attribtitable to said Ward's interest utider said Sales Agreement. IT IS FURTHER ORDERED,ADJUDGED AND DECREED that said Guardian deposit the riet b~lance of said Sale~price for said Ward's Life Estate 'intere~t in said property in a savings account in a banking institution within the jurisdiction ."~ of this Court.7 d ~~~~.b~.--c/ft4-"~~d~~~~--4~~~.~ ~: " Wasbington .Counly Reports J July 26 1973.................................................1.. .......................f.!.\:I.g.y.!?..t ?...~2..~....J..9..7..J... In the Orphan's Court of :-Washington County,Pa, £xhiblt..d ....'......0 ~..••..", .Date "Yff4 :~/.I:t.'7.:J.. . . •••. . ••••. J~{fQueline Hammond,Officia.l.Stenographer, of May 16,1929, Washington,Pennsylvania (PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION) PROOF OF PUBLICATION In compliance with vhe Ne~spaper Advertising Act P.L.1784 Sec.3,paragraphs (3)and (25). COUNTY OF WASHIN'GTON}SS STATE OF PENNSYLVANIA • Personally appeared before me,a Notary Public in and for said County and Commonwealth,CHARLES C.KELLER,who,being duly sworn,deposes and says:that he is the Editor of the WASHINGTON COUNTY REPORTS, the officilll1 legal periodical for said Washing.ton County,published weekly having its place of business at Washington,Washington County;Pennsylvania, and is acting as its agent in this behalf;that the said WASHINGTON COUNTY REPORTS was established on March 31,1920,and was designated as the official legal publication for Washington County,Pennsylvania,by order of the several courts of said County,dated November 11,1920;thatthe printed· notice or advertisement attached hereto is a copy of a notice or advertisement,.. exactly as printed or published,which appeared in the said legal periodical in its regular issues on the following dates: NOTICE IN THE COURT OF COMMON PLEASOFWASHINGTONCOUNTY,PENN- &'YLVANIA ORPHANS'COURT DIVISION NO.1077 of 1971. IN RE:ESTATE OF SHIRLEY MAYNEUMAN,an incompetent. Notice is hereby given that theOrphans'Court Division will,on Sep-tembe 5 1973 at 10:00 o'clock,A.M.,E.D.S.'T.,on the Third Floor,at the Court House in Washin.g~on,Pa.,hold a hearing on the PetitIOn of JEANFAZZOLARE,Guardian,to sell to saidJEANFAZZOLAREandherhusband,FRANK FAZZOLARE,JR.,individual-ly and in their own right,the propertyat325WesternAvenue,Houston,Penn- sylvania consisting of a frame dwell-ing and Lots 19 and 40 in the McNaryPla~in which said incompetent has aLife'Estate,for the sum of $9,500.00,less credit for the value of the undivided%interest of said JEAN FAZZOLARE,individually as remainderman.The saidPetitionpraysthatthesalehavethe effect of a judicial sale. ANY person interested in bidding onthesaidrealestatemaypresenthim-self at the said time and make a bidinaccordancewiththeappr.oJ?rlaterulesoftheOrphans'Court DiVISion. JEROME HAHNthattheaffiantorthecorporationinbehalfofwhichheisactingisnotAttorneyatLaw interested in the subject matter of s\lid notice or advertising and that all of the 211 Washington Trust=e~~~·~~~~~_.U_~~~_~_~_t_~_,_p_a_'_1_5_W_l_6_)4_7_~_ ~.••..,Editor Sworn to and subscribed before tbe_$is__,.,,-.--., ......~..!.b day Of ~.!:!.9..1.}1t ,19Z.~..~.:. th::::-~t:t~ NotarY-f'ublic,Washington,Washington Cn. My Commission Expires July 1.1974 '.--- r t'\.,I .., "I,\ .'. .> ~.., ,.-'1/ l MMON GTON OR· ;...."~OWbE~ 'IN THE :Ih OF C .PLEAS OF WAS ;COUNTY,PENNSY"V' :PHANS'COURT DIVIS .NO.1077 of 1971.. IN RE:ESTATE OF MAY NEUMAN,an In :NOTICE)Is .hereby give :Orphans'Court Dtvlslon ilion 'September Ii,1973,at 10:'ciock,. ,A.M.,E.n.S.T.,on the Thl Floor' at the Court House In Wlngton'Pa.,hold a hearing on the p'on of ' JEAN FAZZOLARE;Gua n,to : sell to salcl J"~AN FAZZOL and her husband,FRANK AZ. .ZOLARE,JR.,Individually nd In .their own right,the propert t 32/1 :Western Avenue,Houston,(Penn.' :sylvania,consisting of a:(fame dweJllng,and Lots 19 and .0I the McNary Plan,In which sa In.: competenthasa LIte Estate,1 the sum of $9,500.00,eas credit for the I ~alue of ,the'divided bne·third mterestot ~l N FAZZOLARE, Indlvld'malndllflnan.The \ said ys that the sale . have,a judlclal sale. ANY "rested In biddingo~the',al 'a,tate,may present hlmsel ']Said time and make a bid In ance with the ap. proprlatE!"Es of the Orphans' Court Division. JEROME HAHN Attorney at Law 211 WaShington Trust Building Washington,Pa.15301 7.27.8·3,~ Q;)b~tr\)er ~·l\tporttr WASHINGTON,PENNSYLVANIA PROOF OF PUBLICATION EDITH W.SANDERS,NOTARY PUBLIC Wash.in;;;ton.Washington Co.,Pa, My Commission Expires february 14,1977 In compliance with the Newspaper Advertising Act of 16 May.1929, P.L.1784,as amended. Commonwealth of Pennsylvania,County of Washington,SS: Personally appeared.'before me,a Notary Public in and for said County and State,'!.~~~.~$...~~y.Qn ,who being duly sworn according to law,deposes and says that he is the Vic.e....P.r.es.id.en.t of the Observer Publishing Company,a Pennsylvania corporation and its agent in this behalf;that the said Company is the owner and publisher of the Observer-Reporter,successor to The Washington Observer,established September 18,1871,and The Washington Reporter,established August 15, 1808,a daily newspaper of general circulation,printed and published and having its place of ;business at Washington,Washington County,Pennsyl- vania,where it 01'its predecessors have been established and published continuously for more than six months prior to the publication of the notice hereto attached;that the printed notice or advertisement hereto attached is a copy of an official advertisement,official notice;legal notice or legal advertisement,exactly as printed or published in the Observer·Reporter in its r~~ular j~ty O27t~e ~~ow~ng3date10 datr97·3·········..··············..······............-'9:, ,./. that neither the affiant nor the Observer Publishing Company is interested in the sUbjec~matter of said notice or advertising and thate~lIff;f,heallega- ~~:'t~~thi.aflldavit ..totl'::'.i:Z:;;;:J~ Sworn tOll,nd subscribed before me this J.9.day of...A.ug.•......7.3.. ....&~'4d ~~~. -, '!"•• '.Ii-" f I.,'l 1 t L ) 1n the Orphan's Court of Washington Count-y,Pa...C .: Exhibit ...................••'. Date.¥.~~{'1.7.?. Jacqueline Hammond,Official Stenographer., I, 'J'. ,"J 0 T N DKR WE,HAROLD NEUMAN,brother of SHIRLEY MAY NEUMAN, J I the"within incompetent,'and my wife,,LAURA NEUMAN,hereby join in th~Petition for private sale of the real estate at 325 Western Avenue,Houston,Pennsylvania,to FRANKFAZZOLARE,JR. and JEANFAZZOLARE,hereby consenting thereto. FURTHER,we acknowledge Cj.receipt of a true copy of said Petition'and court ,order setting 10 a,m,(,S,eptembe'r''/5~>'3973, as the time for Hearing the'reon,and we hereby accept service of same. DATED':-H~'~'-+'_"l/--'{+-i..:-I:....;,.7.J..=) ~~...."•. I .~~ '~dA'-d.'>~, ,LAURA NEUMAN V In the Orphan's Court of Was ington County,Pa. Exhibit Date.,,,.'.,J')73 JnoQueline Hammond,offi~i~,'St~n'oq~~pher '~d "00 N01SNlHSVM S111 A\JO t131 SI~:3 U . oNltfvi'j TI.iSSn~ f I 21 l~d Ii i .d3S £L \. '..4."....: (...J IN THE ORPHANS COURT OF WASHINGTON COUNTY,PENNSYLv.&NIA IN HE::APPOINTMENT OF A GUARDIAN )® \( FOR THE ESTATE·OF SHIRLEY MAY NEUMAN,) ~An Alleged Mental Incompetent We,the undersign~d,being the next of kin of Shirley May Neuman,an alleged incompetent,as set forth in the Petition for Appointment of Guardian filed in the above court on ,1971,hereby accept service of the within ~.~t •" .petiti.:.on,acknowledge receipt of a true and correct copy thereof, and joi~the the prayer thereof on the dates just opposite our names. WITNE$SEJ;)BY:DATES j - .( .') ."'r L " :r ,- ,f,,,-"\,r;"f 0 e ..;,I, "t ..,•',.J'..'"":rj-..Jrv "-=--c::J ., ~:1"-- --l I en r:rT 0 -a '"::x: u..l C)co """" IN THE COURT OF COMMON PLEAS,IN AND FOR WASHINGTON COUNTY, PENNSYLVANIA,ORPHANS'COURT DIVISION j IN RE:ESTATE OF SHIRLEY MAYNEU.MAN No.1077 of 1971 CALCULATION OF VALUE OF LIFE ESTATE SHIRLEY MAY NEUMAN born September 1,1927 (now age 46). Per Pennsylvania Inheritance Tax Tables in Use at Present by Estate Inheritance Tax Department--Factor for Life Estate at age 46 =.56559 X $9,500 ..Gross Purchase Price 282~9500 509031 $5173.10500 or $5,373.11 Value of Life Estate $9,500.00.' ~5,373.11 .$4,126.89 Balance due remaindermen -t"J -lr-- "rn J ~-----------------------------------~:---.., J IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNI. ORPHANS'COURT DIVISION _..", -.I , !...>~. f ."Y"\;~~., -- ." ,~ I~. ~. •-~J I.It,J I ,....,." •_ ,'1 ,._.....,, H /.•; ,.'",-,{:,', ;;,re,~-.c-,j :'c .... No.1077 0(..19.71 ().,',6 -:-. t",'...' HEARING ON PETITION FOR PRIVATE SALE"O:F :: REAL ESTATE ~~i~'~u ESTA'IE OF IN RE: SHIRLEY MA Y NEUMAN, <z<~An Incompetent. >-!/)zzUIDo ioI-l.'Z X!/)<3: • t BEFORE: lI: l-!/)a ..J0( ~APPEARANCES: ::l... :tI- "N THE HONORABLE PA UL A.SIMMONS, Judge of the said Court. JEROME HAHN,ESQ.,of Washingtop,Pa., representing the Petitioner . BY THE COURT: ~TIME: UI l-ll:oll.UI lI: I-0: ::loU ..J0( ui&:...o Wednesday,September 5,at 10:00 o'clock A.M. Let the record show that we are here today in regard to a Petition for the private sale of real estate in regard to the Estate of Shirley May Neuman,an incompetent. Let the record further show that Mr.Jerome Hahn is the attorney for the Petitioner,and let the record further show that at the present time it is 10:00 o'clock on Wednesday 2 morning,the 5th day of September,1973,which is the time and place for a hearing in regard to this matter.Further,let the • record show that Attorney Hahn has advised the Cou rt that he would like to have the sale of this property and the confirmation of the sale of this property held on Thursday,September 6, <l: Z<l:>-'>III ZZ1&10.. zoI-elZ J:III<l:~ at 11:00 o'clock.Mr.Zermani,will you please go out in the hall and announce to the public at large that there is a proceeding now going on in Court in the Orphans'Court Division of the Court of Common Pleas of Washington County,Pennsylvania, in regard to the sale of the property,which property belongs Court Crier of the Orphans'Court Division of the Court of to the estate of Shirley May Neuman? THE COURT:Let the record show that Mr.Zermani is the Honor.I will comply,Your .,: Ua:I-III o-'MR.ZERMANI:<l: u o ::l., :t..,.. N uia: 1&1I-a:o0.. 111a: I-a: ::loU -'octuii:...o Common Pleas of Washington County,Pennsylvania.Mr. Z ermani,did you'page the general public as to whether or not anyone in the Court House is interested in the estate of Shirley May Neuman,and more particularly,in .the Petition of one,Jean Fazzolare,to sell a certain property owned by the Estate of Shirley May Neuman? MR.ZERMAN!:I did,Your Honor,three times,and I have received no response. THE COURT:Thank you very much.At this time,the Court will adj ourn this matter until Thursday,September 6, - -..-----------------------------------~---- 3 1973 at 11:00 o'clock,at which time the Court will again hear further testiomony and evidence or other matters,evidentiary material in regard to this matter. I Ie (Court Adjourns). 0( z 0( ~>-IIIZ~On Thursday,September 0,1973,the following occurredi II. Let the record show that a hearing had Further,let the record show that at said time,the Court Crier Pennsylvania,in the Orphans'Court Divisiop.Courtroom. convened ,~n regard"to the Estate of Shirley May Neuman on that no one appeared at the time and place above mentioned hallways of the Court House.Further,let the record show that September 5,1973 at 10:00 o'clock A.M.,Eastern Daylight Savings Time,on the third floor of the;Court Hous e of 'VVashingt 1m, Was instructed to announce the sale in the Courtroom and in the the Court Crier,after interrogation by the Court,responded iiill:IIIl-ll:oII.III ll: l-ll: :)o U ..I0( ui&:lL.o ..:uii:I-IIIa ,J 0( u o :)., :tl-I'N zoI-~BY THE COURT:xIII0( .~ who was interested in the Es.tate of Shirley May Neuman,an incompetent. Whereupon,the Court,after ascertaining that nobody appeared at the time and place above mentioned, ordered that the case involving the Estate of Shirley May Neuman. ----------------------------------""!""--....... 4 be recessed to 11:00 o'clock September 0,1973 for further actic n with regard to said estate.Let the record show that the attorne y at this time,will you please proceed? for the petitioner,Mr.Jerome Hahn,is now in Court and Mr.ahn, •MR.HAHN:Thank you,Your Honor.Your Honor,I have It is a Joinder by him and his wife in the Petition. the real es tat e proposed to be sold,and a brother of the incomp ptent. He would be a remainderman in reference to 0( z here a Joinder by Harold Neuman. 0(>.J~THE COURT:Who is he? zIII0. z MR.HAHN: ot-I'Z J:III0(:: in regard to this matter. that the judicial sale was going to be held? MR.HAHN: THE COURT:In Court on September 5,1973,at 10:00 olclo k I did,Your Honor. Yes.It's a Joinder consenting to the sale of Mr.Hahn,did you advertise or publish the fae t Are they in Court for this sale? the real es tat e. THE COURT: ui0:IIII-0:o0. III :MR.HAHN: 0: :loU .J« u ii:...o ~u ~THE COURT: IIIo .J« uo :l., :t..,.. N MR.HAHN:I did,Your Honor,and I present the Proofs 0 Publication to the Court and move their admission in ew.idence. THE COURT:Prior to that,would you please have the Joind~r marked as an Exhibit,the Proofs marked as an exhibit and plea~e then present them to the Court. (Stenographer marks Exhibits1IA","B"and "CII).I-------n------.:...--..:.:.--:...-------~------=:.......:.....:-----+---, THE COURT:Before we proceed further at this time,we 5 would like for Mr.Zermani to go out and announce in the hall of the Courthouse as to whether or not any person is present who is interested in the sale of property belonging to Shirley May Neuman. MR.ZERMANI: THE COUR T: call ? MR.ZERMAN!: THE COURT: I will comply,Your Honor. Mr.Zermani,did anyore.respond to your No,they haven't,Your Honor. Let the record show 'that Mr.Zermani paged the Courthouse hall,requesting any person who may have an interest in the sale of the incompetent's property,Shirley May Neuman,to appear and be heard,and that the response was that no one responded to his call.The Court now would like to ask, is there anybody here in the Courtroom who has an interest in Shirley May Neuman's pro~erty,other than the petitioners? (NO RESPONSE) Let the record show that no one has responded,and let the record further show that the exhibits have been marked.Would you please move their admiss ion? MR.HAHN:I move the admission of Exhibit "A ",the Proof of Publication. THE COURT: MR.HAHN: For what newspaper,please? In the 'Washington County Reports,which is -----------------------------------~--....... the official legal journal for the county;and the Observer-Repor erI a newspaper of general circulation in the county. THE COURT: MR.HAHN: Both are marked as the same exhibit? The Legal Journal was marked Exhibit "A ". I move the admission of Exhibit "}slll being the Proof of Publication in the Washington County Reports,the Legal Journa for the county,and the Proof of Publication marked Exhibit "C" being the Observer-Reporter Newspaper,a newspaper of generc 1 circulation in and for the county.Alsol I move the admissioI of Exhibit "B",which is the Acceptance of Service and Joinder and consent to this sale by Harold Neuman and his wife,Laura Harold Neuman is a brother of the incompetentl and also of the petitioner,Jean Fazzolare. ~.. in the real estate in question. Mr.Neuman is a remainderma n THE COURT:Mr.Hahn,I note in your Petition that the Petitioner wants credit for the value of Jean Fazzolare's undivibed interest as remainderman.Could you tell us whether or not you have had this remainder interest properly appraised? MR.HAHN:Well,the Court mentions the word appraised. Of course,·attached to the petition are appraisal reports of two real estate experts in so far as the value of the life estate, _i:lJ;ld therefore,of the remainder interest,Your Honor.I have examined and talked with the Inheritance Tax Department of ---------------------------------:------. 7 the county and I have examined the book that they are to use for calculating the value. THE COURT:I think,Mr.Hahn,you have to do better than that.You have to bring somebody in who is going to testify what the value is.Don't you have anybody handy who could do this? MR.HAHN:You mean to tes tify to the value of the life est te? (At the direction of the Court,off-the-record discussion was not recorded by the stenographer). THE COURT:I don't think you are prepared to proceed on that point at this minute,are you?If you are now,I will adjou!n if you can get somebody from the Inheritance Tax Office to come over here and testify to this as to what this value is.I have to d~ it in light of up-to-date actuarial tables. MR.HAHN:Your Honor,I know,but I believe that they wo l.lld come over and testify,but I believe that they would testify as tc I their us ing this table,even at the pres ent time. THE COURT:Do you want an adjournment now until some tilpe so you can get me the information that is necessary here? MR.HAHN:Is ,the'Court indicating it would want someone that would testify on the basis of what,a higher percentage,?', THE COURT:No.I'll tell you what I need.I need an actuar)or a statistician who can,assum ing that $9500.00 is the fair purer ase price,determine what the proportionate share of value is,as between the life tenant and the remainderman.So tha t we can 8 make a proper order here in this case.Because the remainder pan, as I unders tand it,would have a credit against the purchas e pri<e. until I get this statistical information.Also,it has to ,be testifieid• MR.HAHN: THE COURT: Yes. So there is no way for me to approve the sale Now,of courser,that's up to you to get me that information. Tax Office would testify that they use this table and have been to by an actuary or some person who is competent to do this. is requiring,as I say,I be lieve the person from the Inheritance So that I will attempt to offer what the Court « z«>..I>III Z Z1&1Q, z MR.HAHN: o... ClZ :I:III«~ of the three and a half percent. you see,this is a 1962 table,and two things using it.And that's why I was asking the Court,being it speaks ; we know:one,life expectancy'has changed,increased within a ..=u II:...IIIC .J« u o ~THE COURT: :I:l- I' N and a half percent table is not just,in light of the pres ent econon y. petitionerand her husband are present,and the Court,I believe, ten-year period.This is 11 years.A nd two,we know that thre uiII: 1&1...II:o0-1&1II:...II::Jo U MR.HAHN:..I« u i;: ll.o Your Honor,may I suggest that being the wanted sG>me brief testimony - --- THE COURT:Yes,I would like the record to show this,tha inasmuch as there has been publication in this matter,and inas puch as there's been direct notice to interested parties,if any,that further notice will not be required in regard to this matter.Bu I will need some additional expert testimony,just to establish 9 these relative values as between remainderman and life tenant. And ~it.wonlt even be necessary for the petitioners to come back • except I think they should testify today as to whether or not they are willing to pay the $9500.00,less wb.atevercredit they would receive as against the purchase price for the value of the remair der interest.Is that agreeable? MR.HAHN: THE COURT: « z«>.J>-'UIz MR.HAHN:zIII0. z THE COURT:oI-~Z :r:UI«~ Yes,your Honor. Proceed. Your Honor,I would like to--- Fwst,by way of help and clarification,as I and Frank,Jr.,is that correct? understand it,the purchasers are a husband and wife,Jean Faz ~olare MR.HAHN: Yes. I will call Mrs.Fazzolare first. So;I think both should testify. HAHN: ui THE COURT: 0:: III I-0::oII.III 0:: I-0::::>ou .J« u lLlLo I ..:u 0::I- UIe0 .J« U 0::> '"MR.:t..r-N JEAN FAZZOLARE IS CALLED AND SWORN. EXAMINATION BY MR.HAHN: Q Give me your full name and address. A Jean E.Fazzolare,325 Western Avenue,Houston,Pa. Q In what capacity were you appointed by the Orphans'Court in n?'\Ao ere vou aooointe d bv' A Q A•Q c( Z Ac(~>-~Qz\IIDo iA0I-~z QxUl«~A ~ua:QI-~e c .J Ac( u Ci ::l..,Q:t.,.,... N ui [[ \II I-A[[ 0Do \II [[ I-Q[[ ::l0u A.J<uii:ALL0 e A Q A the Court as her guardian? Yes. And Shirley Newman is your sister. Yes . Does she live with you and your family? Yes,she does. How long has she lived with you? She's lived with me since my father died in '07,so it's six year~. And you were married to Fra nk Fazzolare. Yes. And he is present in Court. Yes. How long have you and your husband and your sister lived in thl property in question? Two years. What month and year,please? November. Of 19----? '71. Briefly,because I'm go ing to ask your husband als 0 about this, would you explain to the Court what condition the property is in at the pres ent time? It's in just fair condition.It needs a lot of repairs. 10 Q A Q•A «z Q«>..J>-AUIzZIII0- i Q 0I-~z AJ: UI«~Q .:~ 0:I-UIe0 ..J A« ~ 0 :J Q.., :t~ ""N A !Ii0:IIII-Q0:00-III0: t-o::J00 A..J< 0ii:...0 e Q A Q A --------------------------:----~I 11 Specifically,what repairs does it need? It needs a new roof;it needs a front and back porch.a sidewalk, new hot water tank.and we have to put in a new bathroom. Now the front and back porch,are what type construction? Concrete. The roof.what type of construction is that? It's not shingles. Is it asphalt shingles? Yes. You mentioned a sidwalk.Do you mean you need a new sidewalk there? Yes. Is it broken up or what? It's all broken up.I would say. Does it need any other repairs.other than what you have mentioned? Offhand,I can't remember.But it needs painted.There's a lot and of painting /scraping to be done on the outside . The exterior? Yes. Now you mentioned a new bathroom.Briefly.explain that. Well,we have to put a new bathroom in on account of my sister because she has to have an individual bathroom of her own.And we have to put another one in so it would be convenient for her. Does your sister,Shirley,have use of the whole house? Yes. And she has a separate bedroom for herself? Yes .. Br~efly,how many other people in the family live in the house, aside from you and your husband and Shirley? I have two children. Now why is it necessary to ha:ve a separate bathroom for Shirley? When Shirley is in one of her moods,I'd say if she's bathtng, she might walk out without any clothes on.If there's any compa~y there,she walks out. What is her age? 40. And her birthdate,please? September 1st,1927. 12 So she is 40.I'm not going to ask you for a medical opinion, A but as a practical matter,does she take care of herself in the sense of dressing herself,eating herself and soforth,or what i~ her situation in that regard? She eats herself and she dresses herself,but then I have to get her bath water ready and get her in the tub and bathe her.And I have to comb her hair and she can't c,ut up her food.I have to • • Q A 0(Qz0(>oJ>-III ZZ\IIDo Ai0I-~Qz XIII 0(~ ..:u All:I-UI C oJ Q~u C ::J A., J:I-r-N Q uill: \II Al-ll:0Do \II ll:Ql-ll: ::J0U oJ ~uii: lI. 0 A Q A Q 13 cut her food up in the plate. Can she talk? No.She just says some words.If she would say my name,she'e say Shean instead of Jean,and for my brother Harold,she says Ha Ha for Harold.It's not complete words. What,briefly,is the r.eas·on'sh~is...unable tb.talk,for the most part? Mental r.etardation. In other words,Gan she'.oIt can she not say a complete sentence Dr carryon a conversation? No,she can't carryon a conversation. Who has been looking after her? "- Myself. You are at home most of the time or part of the time. I'm home all the time. Since you and your family have lived there,briefly,what repai s or the nature of the repairs have you had done while you are liv ng there? We've painted the complete inside and put in a new commode bee ause when the renters was there,it was destroyed.So we had to replace it.And we have to replace a new sink. Did you pay for that yourself,you and your husband? Yes. Have you paid out any other monies out of your own pocket? ----------------------------------~--- 1Ll A Yes.We keep the fire insurance up on the house and I pay the taxes. • Q A Q There is an existing fire insurance policy? Yes,ther e is. Does that have what is called extended coverage? THE COVRT: «Az«>~>-CIlZZIIIII. zoI-~A :tCIl«~Q Yes. Do you intend to continue to take care of the incompetent? Yes. it'the Court approves this sal(e,to you and your husband in yom Yes. to live with you and your family as she has in the past? Are you willing to treat her proper ly and try to take care of her own right as individuals,are you willing that Shirley continue ..=o 0: l-ll! C ~« !:!c;A :II- ""t'4Q ui0:III~as you have in the past? oII.III 0:A Y...es. 0::>o u THE COURT:I think that's enough.~« o u.(Witness excus ed).II.o FRANK FAZZOLARE IS CALLED AND SWORN. EXAMINATION BY MR.HAHN: Q What is your full name and address,.please? A Frank Fazzolare,Jr.,325 Western Avenue,Houston,Pa. • Q A Q 0( ~A~>-~QzIIIII. iol-e!Z :J:en«~ A~o II:~Q o oJ 0( o o :>., J:l-I'N ui A II: IIII-~QII.IIIII: ~A:>ou ~Q ~u.u.o A 15 you are the husband of Jean Fazzolare that just testified. Yes . .Mr.Fazzolare.it is you and your wife who have entered into the sales agreement to purchas e this property for $9500.00,les:; a credit for your wife's one third interest as remainderman. Yes,sir. Are you ready.willing and able to purchase this property under the terms of the sales agreement,and of course.subject to the Court's approval of the sale? Yes. If the Court approves the sale,are you willing yourself that Shirley Neuman.your sister-in-law,continue to live with you and your family as she has since 1907? As long as we are able to manage her,she can stay. Are you willing that she be treated properly and looked after? Yes. Just bery briefly,your Honor,the other repairs that you and your wife had done,was there anything your wife omitted to me ltion? On the repairs of the home?No.She's covered it pretty well. THE COURT:I think that's enough.I don't want to know any hing about the repairs.as long as it's a fair price and you assure rr.e that it is. Q I believe that I saIl. THE COURT:As I understand it,Mr.Hahn,you are going Hi to get a calculation of the value of the life estate and the remainder interest,and you will supply some sort of an expert who will tell us wha t this value is.Is tha t right? Nffi.HAHN: THE COURT: That's right,Your Honor. Now you can do that at your convenience,and we will be very happy to hear this testimony as soon as you ar e ready to give it to us. MR.HAHN:All right.Your Honor.I request a reasonable adjournment of the hearing for that purpose. THE COURT:I'd like to say at this time,you have done a gooc job and I don It see anything that would stop the sale from going through.We have to have the statistical information,the mathematics to provide the money. MR.HAHN: THE COURT: Thank you.Your Honor. We will have a recess in this case until you can produce your expert on the value of the remainder and the life estate.It wonIt be necessary for these people to come back if you don't want to come back.You don't want to miss a d y's W orl,{.if you can help it. (Proceedings Continued) 17 On Wednesday,,September 12,1973,the following occurred: Shirley 14ay Neuman at 1077 of 1971,in the Court of Common Plea's ofvJa.shington County,Pennsylvania, Orphans'-Court Division.• THE COURT:This is the case involving the estate (f II 0( z~,.-, >-l/l~GENE P.AMANATI IS CALLED AND DULY S~fORN. IIID. .z DIRECT EXArUNAT ION 'BY Ma.HAHN:o '~"~~..,.1vqat is.ypur t:ull~name?,,: U)..',...,,'J',.'~'J'I t...~,..,'. ce "':",~•.r ~·~·'A·'"'.Gene p;,:Amanati:'" ... A Yes. Q Have you had experience in doing this type of work? A Yes. Q Briefly,how long have you been doing it? A For 24 years. Q Are y,?u experienc~d in.,.~alculating values of real estate '..t \..•~•..,I,.t 'as a whole,and also insofar as breaking it down betwee 1 the life estates and remainder interest? The Court is well acquai tedTHE:COURT: What busi:q.e,ss do you engage in? Real ·~S~~~~:'appraiser •.; ...'~-'~A ..:!:!Il:I-l/l•C.-'0( u c:>.., :t,.l-I'.,N uiIl: "IIIl-ll: 0D.IIIIl: l-ll::>00 -'< U Ii. Ii. 0 e I, with Mr.Amanati's qualifications,and the Cou't is satisfied that he is capable and qualified to testify in this matter.Mr.Hahn,would you proceed? 1M • Q A Now concerning Shirley May Neuman,born September 1, 1972,at my request,have you fuade a calculation as to ",• (.~..~l •,.",>~... ~.-..;t I .,.',",_._.,~.'t .....~,.·the value -of he,r life estate and :real'estate sltuated at 325WesternAve~ue,Houston,Pa.? Yes. A I arrived at my value by consulting tables on life expectancy,and also tables on the interest rate at 6%, compounded annually • Q The life expectancy table,I show you a photocopy from Commerce Clearing House book,the latest loose leaf book,in which at Section 7l~O,there is a table called Complete Expectation of Life table that you used. -. for calculating the monetary value of the life estate, did you use a table Which has been marked Exhibit lIB" Can you explain to the Court what valuation of her ""':to·,~".;~~:'.,~- life estate you arrived at,and also the basis or bases for your calculation? This has been identified as EXhibit !IA".And then That is marked forTHECOURT: identification. Yes. Q A Q 0( z,.0(.>..J>-I/)zZIIIa.. i0I-~ Z XI/) 0(~ ...:u Itl-I/) 0 .J« "u 0:J.., :tl-I'N iiiItIII I-It0a.. III It I-It:J0U ..J<u ii:ll. 0 • of which this is a photocopy labled Annual Compound Int~rest Table,used by real estate appraisers? A Yes. Q Is this a true copy of the second table? A Yes. 19 THE COURT:That is marked Exhibit "B". Q Yes,Your Honor. I herewith introduce EXhibits "All and liB".• ,THE COURT: Q THE COURT: Would you like to introduce those? T~ey are admitted. Q vlliat is that calculation? "> " I I Tne value of the life estate is $b,027.9l. And therefore,what would be the value of the remainder- man's interest in this real estate? Yes • Yes. Her age is what? 46 years of age. Do you know'the purchase price'involved in this particuar proposed sale? $9,50b.po.,. • I ~•.'.I 4',,'Do you know the age ,~of'the life tenant in this real .i "'.''\,.,,, Q A A A A Q Based on YQur,knowl~dge of these facts and the tables that you have consulted,have you arrived at a monetary 't.;orth of'the lifee state of the income in this case? c(Q zc(>'..1>-•III"Z Z III lL i _/.f) .0 "l:l-•Cl ~A UI c( ~Q ..=u'a:I-UI ,0 ..Ic( U 0 :J.., :t..,.. N Ii iiia:IIII-0 a:0lLIIIa: I-a: :J0U .J« u ii:ll. 0 Q Those two figures add up to a gross of? A $9,500.00. ,-.L _____ ..,"·t~."'t t ".i~..~~~ •?I.,..,;.t .;.~~I,"• COUR.T:...:"-Nr ~'.A~ana'ti;'what :ttlas the factor 'that you used I I I "to. from the 'fable lin,order to make your calculation? "', The factor thatf'I ,u~ed was.·.1:54957 • ,,.",~..~",'~,.,;-... THE COURT:This was taken from the tables we just referrel I ..i :'~:.,"t't 1'·• ," THE .,,' .,A MR.HAHN: «A z~j ~ ·oJ>- "VIZ ZIII0. Yes. That's all,Your Honor.We would ask the Court to consider the approval of the sale. Hr.Amanati has given us. be very happy,Mr.Hahn,if you ,.,ould s.ubmit to the based on the figures Mr.Amanati has given us.I would .CoUrt a suggested order,in light·of the calculations At this time,the Court will approve the sale, I will • TIlli COURT: ..:u II:~VI o oJ« u g MR.HAHN:., i I 0 ~C>Z :I: 'VI« ":l: • J:I-r- N (Proceedings Closed)• ~. .1'~ :lo U 'oJ«uii:...o ,------------------------ •I hereby certify that the proceedings and evidence are contained cause,and that this cOpy is a correct transcript of the same. The foregoing record of the proceedings upon the hearing of fully and accurately in the notes taken.by me on the hearing of the above« z«>.J>-I/)z ZIIIIl. iol-e>z x I/)«~ ..:u ll:l-I/) C .J« ~c :l., :z::::the above caus e is hereby approved and directed to be filed. III iii ll:IIIl-ll:oIl.III ll: l-ll: :loU .J« uii:ll.o By the Court, Paul A.Simmons,J. /o t= IN THE COURT O~COMMON PLEAS OF WASHJ:NGTON COUNTY f.PENNA. NO.1077 of 1971. IN RE: ESTATE OF SHIRLEY MAE NEUMAN,an incompetent. PETITION FOR PAYMENT AND REIMBURSEMENT OF EXPENSES ADVANCED FOR WARD'S BENEFIT JEROME HAHN ~~~' "I ;. :E;o»rnA:!~G")C:~Z (f)&~-I ~-o IT';'t' --j 'r-\0 =-0 , i~~~ .. -.I -q t.A.,.'-~ c;::)c-,;- --<l , .-fT1 ."'V ,_,.1 I:l ...----- --.... <::::l ~ ~) ATTORNEY AT LAW 211 WASHINGTON TRUST BLDG. WASHINGTON.PA.15301 J :A5-1!-y v f IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: No.1077 of 1971 ESTATE OF SHIRLEY MAE NEUMAN,) an incompetent. PETITION FOR PAYMENT AND REIMBURSEMENT OF EXPENSES ADVANCED FOR WARD'S BENEFIT The Petition of JEAN FAZZOLARE and FRANK FAZZOLARE,JR., her husband,respectfully represents: 1.That they are husband and wife,who reside at 325 Western Avenue,Houston,Washington County,Pennsylvania. 2.Said JEAN FAZZOLARE was appointed Guardian of the Estate of the within incompetent on November 22,1971. 3.The Cdurt h~s approved the sale of real estate at 325 Western Avenue,Houston,Washington County,Pennsylvania to your Petitioners in their own right by Decree dated September 13,1973. 4.That the aforesaid sale has been fully consummated b~delivery of deed and payment of the purchase price.The share "~~~1,;of t:h.e within incompetent from said Cp~i¢:~-.ois $8,027.91 less any sale expenses attributable to the within Ward's former life estate in said property,as follows. 5.Sale expenses attributable to said Ward are: Ward's share of one (1)realty transfer tax,$80.27;Ward's share of closing fee and preparation of deed to Jerome Hahn,Esq.,$20.o. Also,fee for Court appearance of Gene Amanati which is unpaid in the amount of $25.00 per Exhibit "All,attached hereto and made a part hereof,which represents a total of $125.27. 6.Further,that your Petitioners advanced from their own funds,certain monies for Court costs,doctor's charges andil;.1 attorney's fees concerning the appointment of Guardian,and the sale of the aforesaid life estate of said Ward in said real estate,as follows,for which Petitioner's equitably and legally should be reimbursed. 7.That said costs and expenses consist of: $50.00 150.00 An examination and report by Dr.Owen Benton For appearance and testifying in Court,per photocopies of said bills being Exhibits "B"and "C"attached hereto,of Dr.Benton's. 150.00 --To Jerome Hahn,Esquire,for Preparation and presentation of Petition for Sale of Real Estate. 200.00 --To Jerome Hahn,Esquire,for attorney's fees in regard to Guardianship., 103.20 --To Legal Journal and Washington Observer newspapers for Legal Advertising. 10.00 --Filing fee,costs of filing Petition for sale of Realty. 10.00 $673.20 Filing costs,Petition for Guardianship. TOTAL 8.In addition to th~afore9oing,in the settlement of the estate of Konyers Neuman,deceased,at 63-72-326,it was necessary for your Petitioners to contribute monies of their own '/to keep the assets of the estate (intact and in kind in the total amount of $890.81,per copy of Decree attached ,hereto and made a part hereof and marked Exhibit "0".That although your Petitioners believe that they would be entitled to reimbursement for the entire sum of $890.81,or at least the pro-rata share of said amount attributable to the value of the within Ward's former life estate,from said Ward's funds,they are willing to forego any further claim in this connection against said Ward's funds on their being reimbursed for the Clerk's costs in the total amount of $27.50,Recorder's costs of $7.85,and the Inheritance Tax of $168.76,or a total of $204.11. WHEREFORE,your petitioners pray your Honorable Court for authority for JEAN FAZZOLARE,Guardian,to pay Gene Amanati $25.00 for his services rendered and allow a credit of said $20.00 for deed and closing fee and $80.27,the Ward's share of transfer tax,a total of $125.27 against th~$8,027.91,the value of said Ward's life estate,and authorize and direct said G~ardian,JEAN FAZZOLARE,Guardian of the Estate of the within Ward,to pay to and reimburse said JEAN FAZZOLARE in her own right and her husband,FRANK FAZZOLARE,JR.,the sum of $673.20 expenses in connection with the appointment of the Guardian and CJrq~of the Ward's life interest in real estate,and for said Guardian to further reimburse herself"and her husband in their own right,in the amount of $204.11 as settlement in full of any claim against the within Ward's estate for moneys /advanced by them on the Ward's behalf in settlement of the within mentioned decedent's estatentromthe Ward's said $8,027.91"te'I STATE OF PENNSYLVANIA ) )SS: COUNTY OF WASHINGTON ) PERSONALLY .appeared before me,th~undersigned authority,JEAN FAZZOLARE,and FRANK FAZZOLARE,JR.,who being duly sworn according to law,deposes and says that the facts set forth in the within Petition are true and correct to the best of their knowledge,information and belief. Sworn and subscribed before me this lid)day of Oct,<::>b~_~~:-,1973. MARGARET BAILS'\' NOTARY PUBLICMyCommissionExpires:Mfit~!MNGTON,WASHINGTON CO.,PA.\j~m ISSION EXPIRES FFR.27,197'~ 1 ,. ,. -_._-------~._.._....- .-----_. ~~\\~REAL ESTATE ApPRAI S ER AN 0 COU NS E LOR .......;;:;.\.•~292 EAST M.AlDEN STREET'WASHINGTON,PA.15301I.J~.;;'LJ~TELEPHONE:(412)222-7610........:::;...-. INVOICE September 12,1973 Jerome Hahn,Esquire, 211 hiashington Trust Building i,Jashington,Pa. .<...,.---.., ." HE:Estate of Shirley May Neuman 9-12-73 Court Testimony EXHIBIT IIAII' : , ~2.5.00 ----,-_.__.----- 7 $••••tr .,$..t.PO $$ ...-...·T··~---...,. TELEPHONE 222·60I 0 STATEMENT .' I 'I...,,;!•!',.',.i I, ...I'j 1II •I.,,II.! I I }~, \ OWEN D.j3ENTON.M.D. WASHINGTON TRUST BUILDING WASHINGTON.PA.'5301 cJ '>," I FOR PROFESSIONAL SERVICES: :2...7-177/ .t ,.. 'f " .. I'--~-~~~---~-.,--~..,....-----_._------------------ EXHIBIT "B" ... "I Ii fII I· .. ---'-'-'------..._---,~--_.-------- i •.' STATEMENT TELEPHONE 222-6010 ...",."I"4'4. OWEN D.BENT.ON.M.D. WASHINGTON TRUST BUILDING WASHINGTON.PA.15;301 ImT 1 3 1971 •,~. ~I FOR PROFESSIONAL.SERVICES: ___~O=C.1t",-.-:1=..o3'--_1911. Jerome Hahn,Attorney Washington Trust Building Washington,pa.15301 SHIRLEY NEUMAN -October 13,1971 " , j PSYCHIATRIC EXAtm>lATIOljtiND REPORT. $SO.oo .. .., I II, I I I I II I· .'. \.._._---...,------...-~-_.-,.-------._~-------~---- '. .. , " •..~. ,EXHIBIT "c" ADJUDICATION AND DECREE .I And now Jun~~1.::>',19~,this matter came on for hearing, audit and distribution at this session and testimony taken;and thereupon,upo.n due cons i deration thereof of the balance for distribution in the'hands of the Accountant is determined to be ,~ $d'--3:-4:10 and'th(OcCiOunt is accordingly confirmed;and it is.ordered,' adjudge find-decreed that the said baiance be 'paid out by the Accountant in accordance with -the :; schedule of disribuNon hereto attached and made part hereof,unless exceptions hereto be filed" sec.reg.or an appeal be taken herefrom sec..leQ.: • C!touuty., EXfJCqtd xFa?,;:eJ are ,. In the matter ofthe__....FL.:..d"-r~,.rlJ.'t.l,l-.elalnu.dIol.-F......i n~D...J Accountof ,Tean Faz:owlare Q /"/0 ,IE'lon 'leus of lfuslJingtnn (@rp4nns f C!Loun miui~inn ~ \rNo._~6~3.::..-7~2"';;;-;.".J.3j;",.i26o.L.-,-'.__ deceased. '-"fI -J=-:----------~=----.-----~...,.-.~.-.-.----...,.,.....--...,.,------;,'.'"-" ..-J't..........·~n ~U ~nurt nf (6nmmnn 'tnnsyluanin..A J ESTATE OF "~I/'./, B;y the COllrt P.V.'Marino,.T. 1 Balance per account ~_.,.,. $C),Ill;;10'; 1.00 Balance --"-l _ !peduct Clerk's Costs &Receipts,---'-_ AttorneY-----d-,T+:>./"-f'}?'f-:{.o"fJ9r€Oi-+.Vlf.Jlf.lff=hH'fJr--------'------ $9,113.20 22.00 9,091.)0 RU8~~11 M~rino,ClArk O.d.,costs in c~rbirying PAQI ARt,tn to ~Acorder, r 0lga n.4ondw8rd,qeeorder,cos~s recording ~prtificqtion or reAl nst~te, 5.eJO 9·oSt)80,~. 7.8r: 9,077.95 f\UJ:'Il">,ll ]I:~l1'ino,Ap;ent,tr.ansfer inheritFlnee tRX,''$136.55 Intereat from 7-17-6R.to 6-22-72 _32.21 168 0 76 Contrthut,ion to rnaintnin es~pts lor estnte 1n 1<'1nd 9 9,£100.00 .TNm ?azzol~rA~GllAr:'!i.::m of the est.ate of E')hirlF.l~ H"Y NrIHrlAYl,9 dallP.'h~F,PJl f'.ln '!.ncompfltent p'In.f.acy of h(\lH1P.~1O]r1 ("cwh,helr'1 1n ~-:inc1 Bno cEstri.huted Afl sl'ch At the ,:mnT'a:t8flrl vs;lluf'l,)00.00 9,500.00 'Po H/.1r'o1.<'l rJeuml:m ,A son;to Lil'i.an Bp.~lm, (If.\llrrht0.Y':to .Jr'an Pq7.zo1Flre,<'Iaup:htAl"';to ,Beh !='In unrHvi n(-'\r1 1 /1 1nter8st in reAl ostate as her'e- inhel.ow·c1P'f1c~r1bAd,SAid deviso subjoct to e lif~.1 ,"'stqtp 'in ~,hirlRY i-lAy r·JeuJ'l1.An;held i.n ldnd 'Flnd I~intribut~c'i Af-l Sllch At tho apnraisfld value,9S00.0C No blllanoe EXHIBIT "D": IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE:~ ESTATE OF SHIRLEY MAE NEUMAN,)NO.1077 of 1971. an incompetent.) C 0 U R T o R D E R AND NOW,~I ~1973,in consideration of the within Petition and on motion of JEROME HAHN,ESQ.,Attorney for the within Guardian, IT IS HEREBY ORDERED,ADJUDGED AND DECREED THAT the within Petition be filed and that JEAN FAZZOLARE,Guardian of the Estate of Shirley Mae Neuman,the within incompetent be and is hereby authorized and directed to disburse from the within Ward's funds to herself and her husband,FRANK FAZZOLARE,R., the sum of $673.20,for reimbursement for monies advanced for the benefit of the ~ithin Ward,as itemized in Paragraph 7 of this Petition which is incorporated herein by reference thereto; IT IS FURTHER ORDERED,ADJUDGED AND DECREED that said Guardian be and is hereby authorized and directed to disburs to herself and her husband,FRANK FAZZOLARE,JR.,the sum of $204.11,as reimbursement to them in full for theC)'share of the within Ward's expenses in the settlement of the estate of the father of said Ward,Konyors Neuman,at 63-72-326 of this Court, and the payment by the Guardian of the $125.27 s~~expenses attributable to said Ward be and is hereby ratified and confirmed and; IT IS FURTHER ORDERED,ADJUDGED AND DECREED THAT the net balance of monies of the within Ward be deposited and retaine in a savings account in a bank within this County without further withdrawals therefrom without an Order from this Court,in accord with this Court's Order of September 13,1973. .,., •i ~.r;fEJ ".,J "..,311 IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ja,. (» C',Jcr... IN RE:ESTATE OF SHIRLEY MAY NEUMAN, AN INCOMPETENT ORPHANS'COURT DIVISION No.:63-71-1077 TYPE OF PLEADING:PETITION FOR REIMBURSEMENT OF EXPENSES PAID AND FOR GUARDIAN TO USE INCOME FILED ON BEHALF OF:LAURA NEUMAN, SUCCESSOR GUARDIAN COUNSEL OF RECORD FOR THIS PARTY: JEROME HAHN,ESQUIRE 247 Washington Trust Bldg. Washington,PA 15301 Pa.LD.fl05459 (412)225-4900 ",. '\., ·-~. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION ',' IN RE:ESTATE OF SHIRLEY MAY NEUMAN, AN INCOMPETENT ) ) ) ) ) No.63-71-1077 PETITION FOR REIMBURSEMENT OF EXPENSES PAID AND FOR GUARDIAN TO USE INCOME TO:THE HONORABLE THOMAS D.GLADDEN,PRESIDENT JUDGE OF THE SAID COURT: The Petition of Laura Neuman respectfully represents: 1.That she was duly appointed Successor Guardian of the Estate of Shirley May Neuman,the within Ward,on October 5,1992,true copy of which Order is attached hereto,made a part hereof and marked Exhibit "A". 2.That Jean Fazzo1are,who was the original Guardian appointed by the Court on November 22,1971,died on September 1,1992,which necessitated the presentation of the Petition For Appointment Of A Successor Guardian. 3.That Frank Fazzo1are,brother-in-law of the within Ward,advanced the sum of $250.00 to Jerome Hahn,Esquire,as counsel fees for time, advice,preparation and presentation of the Petition by which your instant Petitioner was appointed Successor Guardian. 4.That said Frank Fazzo1are requests that he be reimbursed the $250.00 which he advanced for said purpose from the funds of said Ward,which are being held in a savings account for the benefit of the Ward at Slovenian Savings &Loan Association of Strabane,Pennsylvania,as stated in the aforesaid Court Order of October 5,1992,being Exhibit "A". " -------------------------------------, ." 5.Further your Petitioner requests the Court to amend its Decree of October 5,1992,to permit the interest income on said account of about $62.00 quarterly or a total of about $208.00 annually to be withdrawn from said account by said Guardian to be used toward paying the following expenses. 6.Incorporating herein by reference thereto Paragraph 5 hereof,that for life insurance of $5,000.00 on said Ward it cost $27.80 monthly for a total of $333.60 annually and for Blue Cross·-Blue Shield coverage for 2 months it costs $210.70 or a total of $1,597.80 annually,both of which your Petitioner believes should be maintained and paid. WHEREFORE,your Petitioner prays Your Honorable Court to authorize and direct Petitioner and said Slovenian Savings &.Loan Association of Strabane,Pennsylvania,to pay and allow the withdrawal of $250.00 to be paid to Frank Fazzolare as reimbursement to him for expenses and to allow the interest income that becomes due and payable on the deposit of money in t~e Ward's account be paid to Petitioner to be used for the purposes of maintaining Blue Cross -Blue Shield insurance coverage and to keep in force the aforesaid life insurance policy. LAURA NEUMAN ...' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA iN RE:ESTATE OF SHIRLEY MAY NEUMAN, AN INCOMPETENT ORPHANS'COURT DIVISION ) ) )No.63-71-1077 ) ) DEC R E E ,", AND NOW,this 5 day of __.::,.O.::,.c.::,.t.::,.ob;:;..::..e.::.r ,1992, , ~., .,. on consideration of the within Petition and the Joinder by Harold Neuman, other party in interest It is hereby ORDERED,ADJUDGED and DECREED that Laura Neuman, sister-in-law of the wi~hin incompetent,Shirley May Neuman,be appointed Successor Guardian of the ~state of within Ward. It is further ORDERED;ADJUDGED and DECREED that the money of said -~Ward,which is held in the savings account for the benefit of said Ward at Slovenian Savings &Loan Association of Strabane,Pennsylvania,be retained therein wIthout any withdrawals therefrom without an Order from this Court in accord with the Orders of the Orphans'Court Division of this Court of September 13,1973,and October II,1973.The filing . of Bond by said Successor Guardian.is hereby waived and excused.An ,inventory of said Estate shall be filed within a reasonable time by said Guardian. /s/Thomas D.Gladden "A'l ,..'.' COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON ) )SS: ) ..,a. Before me,the undersigned authority,personally appeared LAURA NEUMAN, who being duly sworn according to law,deposes and says that the facts set forth in the foregoing Petition For Reimbursement Of Expenses Paid And For Gua~dian To Use Income are true and correct to the best of her knowledge, information and belief. Laura Neuman Sworn and subscribed to before me this J..8 d- day of I)~ Notary Public NOTARIAL SEAL ill FLORA GIBSON,Notary Public .Washington,Washi~gtonD cou 23 ntY'19P911·S My Commission Expires ec., •_._,,-.:.04"'••.4..._." ,1992. ....""'f'#'4 .• ..~...."; .,. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION ,,.,! IN RE:ESTATE OF SHIRLEY MAY NEUMAN, AN INCOMPETENT ) ) )No.63-71-1077 ) ) COURT ORDER ,1992, on consideration of the within Petition and on motion of Jerome Hahn,Esquire It is hereby ORDERED,ADJUDGED and DECREED that this Court's Order of October 5,1992,be and is hereby amended to permit the withdrawal by Laura Neuman,Successor Guardian,of the sum of $250.00 from the savings account at Slovenian Savings &Loan Association of Strabane,Pennsylvania, to reimburse Frank Fazzolare for legal fees and obtaining the appointment of said Successor Guardian It is further ORDERED,ADJUDGED and DECREED that the Slovenian Savings &Loan Association of Strabane,Pennsylvania,disburse the interest income to said Laura Neuman as it becomes due and payable under the terms of the deposit with said institution of said Ward's money toward the payment of Blue Cross -Blue Shield insurance coverage and the premium for the life insurance policy on said Ward. >J. ---------------~------------------.------ i J r '.....•i' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENN.A. os ,,',.'.i',..,•"'I (....••....,.:• I ••I I ,.~, ORPHANS'COURT DIVISION HEARING ON PETITION FOR A PPOINTMENT OF GUA RDIAN f.I I ~-,.I l t f I - •~." '''wi ......... F'),--r ."'1',...:i ~,",r.·"j ~.II,L."-) No.1077 of 1971 ) ) ) ) ) ) ESTATE OF IN RE: ~z~SHIRLEY MAY NEUMAN, >-IIIZffi an alleged incompetent.a. ioI-CI~ :t IIC~ • .:uf BEFORE: ell Q .JC UQ ~APPEAR1\NCES: %..l-N THE HONORABLE P.VINCENT MARINO, Judge of the said Court. JEROME HAHN,ESQ.,of Washington, Pa.,representing the Petitioner. ..,. J. e iiiII:'"ti:TIME:oa.IIIII: l-II::::IoU .IC uii:...o Monday,November 22,1971.at 10:00 o1clock A.M. Official Stenographer -Jacqueline Hammond ,.,.INDEX TO WITHIN TRA NSCRIPT. ~WITNESS Direct By the Court•DR.OVvEN D.BENTON 3 5 ~z~LILLIAN BEAM 7 12 >1/1Z~JEAN FAZZOLARE 13 21 ll. i0l-ez :z:.. •c~ .:u I iII-..•Q .I~ I 2 Q ::l., :z: I ..,.. N iiiII:101l-II:0ll.I&lII: l-II: ::l..0U .IC UiL.....0 I I e 3 THE COURT:Mr.Hahn,are you ready with your proceecing? MR.HAHN:Yes,Your Honor.This is the time set for • the hearing on Petition of Lillian Beam,in re:appointment of a guardian for the estate of Shirley May Neuman,an alleged incompe ent, at 63-71-1077.Your Honor,I have here an Affidavit of Service « z«~>IIIZZ1&1A. io~~z ~III C~ .'. by Sam Solomon'as to service of the Petition for Appointment of Guardian and Citation on the alleged incompetent,who is present in Court with the petitioner,her sister,and another sister, Mrs.Fazzolare', .Your Honor,if the Court would indulge us, about other duties he has . out of order,it vlould be appreciated so that the doc tor can go and made part of this record and directed to be filed.You may this Court dated October 27,1971.The same is received in eviden e The Affidavit of Service having complied call Dr.Benton. with statutory requirements and with the Interlocutory Order of Dr.Benton is pre sent who exam ined her,and if we may call him .:u~t; Q .JC uQ :;)., :tl-I'- l'C THE COURT: iiiII:Itl~II:oII.1&1II: ~II::;)oU ..ICUi&:...o DR.O\iVEN D.BENTON IS CALLED AND DULY SWORN. DIRECT EXAMINATION BY MR.HAHN: Q What is your full name? A Owen D.Benton. Q.'Are you a duly licensed physician in Pennsylvania? A Yes,sir.Specializing in Psychiatry. Q How long have you been practicing Psychiatry,Doctor? 4 A In Washington,Pennsylvania since 1958. • • .. Q iiill: IIIl-ll:o0.IIIII: l-ll::JoU ..I C uii:...o Q In the course of your practice,Doctor,have you examined one, .Shirley May Neuman of Canonsburg,Pennsylvania? I examined Miss Neuman on October 13 of this year. Is she present in Court? Yes,sir. Is she ohe of the ladies seated on the bench? Yes.The you ng lady in the brown dress. Vvould you briefly describe,[)octor,the nature of your examinatio 1 and your findings? Miss Neuman was given a psychiatric examination.During the examination she was friendly and very cooperative and attempted to follow instructions to the full extent of her capabilities.I found that Miss Neuman has mental retardatioI)that is moderately severl Her mental age is about that of a four or four and a half year old and her 1.Q.is about 30 . What was the 1.Q.? A 30. Q Is she able to speak,I mean speak worlds like the average person A No.Just";'''-mo~tlyher communication is guttural signs and gestm es. She appears to understand the spoken word pretty well if you keep like words,but she is not able to speak. Q And then I asked you before about your findings in furtherance 5 of that question.What,briefly again was your final cone lusion as to • • A ~ z~~>UIZZIIIII. iol-e>~:z:UIc~ .:ui tii Q ~QuQ ::l., :t...,.. N aiIl:III.~AoII.III II: l-ll: ::lo~Q cuiLII.o her condition? Well,her condition of mental retardation is relatively severe.On of the things I checked because the purpose of thee-.xamination ""as tp gauge competence.,I checked her ability to understand money,the value of things.And she is particularly severely impaired in this area.For example,she was able to correctly identify the penny, but did not know the difference bet'·veen a penny and other coins . It is quite apparent that she has no conception of money or value. In other words,Doc tor,in your opinion,is she or is s he not able to manage any property or assets of her own or would she be likely to dissipate them or become a victim of designing persons? She is clearly not able to manage funds or make financial decisions and clearly could be victimized by designing persons. Your Honor,are there any questions that the Court would like to ask the witness? EXAMINATION BY THE COURT: Q Dr.Benton,I see from the Petition that this individual is about 44 years of age.Is that correct? A Yes,sir. Q What schooling if any has she had? • ---------------- 6 A She went to the first grade as a youngster~apparently sat through a year in the class room without learning anything.For the past ye U' and a half she's been attending the Opportunity Center at the old East Washington Grade School where handicapped people like this have an arts and crafts program,plus other activities that they • ., ~z~>~QIIIz Z~A ioI-ClZ %III~~ .:uil-IIii..!uii ::J., :z:.. l;Q iiiII: =AII:oII..~Q l-II:::JSA ..I~ ~Q I&.o A Q are capable of performing. Doctor,what would her mental retardation be due to?Is it congen tal? 'This I don't know.'The family is inclined to attribute it to an accidE nt that she had as a child,a head injury.However,it is not in this case quite clear.She doesn't appear to have any focal neurologica damage,and my guess "vou ld be that it is one of the idiopathic cases of retardation where they are born th is way and ther e isn't any known cause for it. Now as to the prognosis,'vhat would we have in that regard? Unchanging.Her c ondition should not improve . And that,I presume is almost certa n. As close to 100%as you could get. So that again you would state that she certainly 'vould be unable to manage money and business affairs. Correct,sir. And that if she 'vere permitted to do so she 'vould most likely beco ne the victim of des igning individuals. A It could well occur because of her faulty judgment. Q I have no other questions of Dr.Benton.Mr.Hahn,do you wish t( 7 excuse the doctor? MR.HAHN:Yes.Thank you,Dr.Benton. • (Witness excused). Yes. Yes . A sister. Jean Fazzolare. And who has Shirley been living with,Mrs.Beam? That is F A Z Z 0 L ARE? ,Where had she been living with her? Are you related to Shirley May Neuman? <z LILLIAN BEAM IS CALLED AND DULY SVYORN. 0(?; ~DIRECT EXAMINATION BY MR.HAHN: z III Li Q V/hat is your full name and address please? ol-CI~A Lillian Beam,128 Maple Street,Canonsburg,Pa.xIII0( ~Q That is B E AM? .:u~A IIIQ ~Q uQ ~A :z:...r-N Q iiiII: III~AoII.III~Q II:::Jo U A..I C U~Qo • A 120 Garden Street. Q Is that 160? A Yes,160. Q Is Shirley Neuman,your sister,still living with your sister Jean Fazzolare? - --------------------------------.----- 8 A Yes. Q Has Jean moved recently? A Yes. • • Q A <zQ<~>-VIZZIIICLzAoI-Cl~Q~CII~~A ..:u~QCIIQ ~A UQ ~Q :z:..r-w A iiiII:III ltQoCL101 II: l-ll: :JouA..I< U~Qo A VVhere to? 325 Vvestern Avenue,Houston. And the western Avenue,Houston address,is that where the famil home is? Yes. That is the home that was O'.~ned by your father,Konyers Neuman? Yes . How old is Sliirley? She was born in 1927. So is she then 44 years old? Yes. How many other children are there in the family besides you and Shirley and Mrs.Fazzolare? A brother,Harold . Harold Neuman? Yes. Q And u/here does he live? A 317 Western Avenue,Houston. Q Was your father's house at 325 Western Avenue? A Yes. o Tn RO far aR who iR the oldest and vounQ'est in the family could yOU briefly tell us that?Is Shirley the you ngest ? 9 Shirley is the youngest.And then Jean and then myself and thel1 • • Q ~z 0(>~A1/1z ZIIIA.Q ZoI-oZ X til;A iiill:~Qll:oII.\IIII: l-ll:::J8 A .JC uii:Q I&.o Harold is the oldest. Haveyou seen Shirley from time to time,I mean over the years? Do you see her frequently or less frequently or infrequently,I should sayJ Every once in a ""hile.I donIt know how often it is. Very briefly,the doctor mentioned that she goes to this Opportunit Center.Aside from that.has she done any work of any kind? No. What can she do,if anything in so far as like hou sehold chores or taking care of her dres sing and soforth?What about that? She can dress herself and she can do dishes or dust,little things like that.That's all. You 'vere present in Court when Dr.Benton testified.Did you hea ~ what he said ih answer to my questims and those of the Judge? Yes . Although you are not a doctor.would you tend to agree "',ith the doctor or disagree 'vith him in so far as her ability as to handling money and business matters? A I agree with him. Q How long has it been since Shirley has been,say,the ".Jay she is? A All her life. Q .Did she live with your father until he passed away? 10 I know it was in April but I don't remember the year. For how long?Is she the complete owner of the house? After her death.at the time of her death it's supposed to be divide Fazzolare here,but you yourself,what do you know about what I know when it was Well,I mean,for example,do you know,is she not getting Social Not that I know of. Anything else that she owns or would be entitled to or is entitled t ? bet'veen the three of us. What year? Shirley 'vould be entitled to? is concerned,briefly state 'vhat you kno'v about that.Vve have MrE . Vile can furnish that.As far as what things would belong to Shirley The house. I don't remember the year . but I want to ask you. That is Jean Fazzolare and her husband. Yes. Yes. And your father passed away,when was that? And then since he passed av;,ray then she's lived with Jean and her h sband. Yes.A Q A Q . A < !Q>.J~ellZZIIIII. zA0l-e~Q 1ft<~A .:ui QI-"a '"cua :::I.., %..,.. ~ iiiII:IIII-Aa::0II.IalII: I-Qa:::::I0u A.JC uii: I&.0 Q A Q • • Security benefits? A Oh.yes.She's getting Social Security. Q I I A I Q .•<z~ I ~AIIIzZ11/~QIz0~CIZ ::tIII<~ .,: .~A ~III•0.JQ<u §A., :t...~Q iiiII: 11/~II:0II.~A ~II:;:) .,8Q ..I<uii:·.... 0 e A Q And ':vho has been getting those monies for her? My sister,Jean. Has there ever been any guardianship proceeding before,that is whereby a Court either in this county or else'vhere ':vas asked to appoint a guardian for her on the basis that she 'vas an alleged incompetent? No. So you stated before,the other members of the family,"vould they be the persons who,God forbid,i if she should pass on,would be her heirs? Yes . She never married,did she? No . In the Petition,Mrs.Beam,you have suggested Jean Fazzolare, your sister,as proposed guardian for Shirley.Is that correct? Yes. Doyou remember now,is it 1967 your father passed away?Would tha t be about right? Yes. Does Shirley seem to get along with Jean and her husband Frank and their family? 11 A Yes. Q Does she seem happy with them? A Yes. • Q Does she seem to be taken care of by them? A Yes. Q All right,Your Honor.Are there any questions you would like to ask Mrs.Beam? ~z~~0~EXAMINATION BY THE COURT: zz11/~Q Mrs.Beam,the house that we are speaking of at 325 Vvestern zo...~Avenue,Houston,Pa.,has been rented,has it not? :r"~A~Yes. 12 • Q Is it rent ed now? No. "Why? My sister and family is living in it. Vv ho is living in it? My sister Jean and her family is living in it. So that it 'had been rented up to the time that she went in. Yes. "What family does your sister Jean have? A A husband and a son and a daughter. Q Howald are the children,the son and daughter? A The son is 20 and the daughter is 19. Q.J Both unmarried? A Yes. 13 Q Living at home? A Yes. Q And where does her husband work? •A Ragnar Benson. MR.HAHN:Do you know where they are located? as a 'vitness to.so we can develop any part of that further that the Court would like. HAHN:Your Honor.I plan to call Mrs.Jean Fazz(lare That's all the questions the Court has of I In Eighty-Four .• '. ~Az~>~MR.enzZ...lL io..."z X1ft ;THE COURT: • Mrs.Beam . (At the direction of the Court.off-the-record discussion was not recorded by the stenographer). criII: III..~JEAN FAZZOLARE IS CALLED AND SVvORN. 1&1II: §DIRECT EXAMINATION BY MR. ou ~Q Your full name? Uii:~A Jean Fazzolare. HAHN: Q fufuatFAZZOLARE? A Yes. Q 'Where do you live? A 325 Vvestern Avenue.Houston.Pa. Q What relationship are you to Shirley Neuman? --------------------------------.--------, 14 A Sister. Q H01N long has it been since you have lived at 325 Western Avenue November 6,1971. And just prior to that you lived where?•A Q this last time?You know,when did you move there? • .:u~AIIo ~Quo :J., :z:~r-N AiiiII:III ItoII.III~QII::JoU ..IC U~Ao Q 160 Garden Street,Canonsburg,Pa. You are married to Frank Fazzolare? Yes,sir. And your sister,Mrs.Beam,you heard her testify as to your children and their ages and soforth:Is that correct? That is correct. How long has Shirley,your sister Shirley lived with you and your family? She's lived with me since my father died in '67 until the pres ent time now. After your father's death,well,I should say at the time of your father's death,were you living at 160 Garden Street;? Yes,sir. And you continued to live there or did you move into the home for any part of the time? A No,I didn't live there. Q So it's only since November 6th of 1971 that you have moved back into the home. A Yes sir. • Q Would you briefly tell the Court why you moved to the hous e? A We moved to the house to have Shirley a little more contented than what she was,because up where I live there's a big ste~p hill and in bad weather she's afraid of falling and she liked to be around my brother.So it's only three or four doors from my broth r's 15 ~z~~~QzIIIGo iol-t'~A % WI~~Q .:u i A=o ~Q uQ~A :tl-I"N Q iiia:III~Aoa..III~Qa:::loU .ICU~Ao home,and she can go down there and visit anytime she wants. was this part of the reason you moved back or the main reason or what? That's the main reason we moved up there. Were you renting at the other place? No,sir."We were buying. You mean the other? My own home you Ire talking about? Yes. Yeah,we're buying it. No,excuse me.Where you used to live,did you rent there?Did you rent?You didnl t own it,didyou? No,we don't own it right now. THE COURT:T hat's at 160 Garden Street.That's the property he's talking about·now. Street? Did you rent there at 160 Garde 1 A -We had to pay for the mortgage.we're quying the home. THE COURT:You are buying it.So that if you end up eventually buying this one also,you'd be buying two properties. Hi A Yes, THE COURT:A nd you '~lOuld continue to live in the propel ty :.A "",here you are at now at,325 'Western Avenue and rent the other. ,, Yes,sir. • (Continued examination by Mr',Hahn); Now you vvere present in Court when Dr.Benton testified. Yes. Did you hear all he said and the questions that were asked him by r.e and the Judge? Yes,I did. In so far as Shirley's being able to look after money and business affairs,would you agree or disagree with the doctor's findings? I agree with the doc tor. • ~Q IIIIi:oII.I&la:...~Aou ..IC Uii:...o Q Briefly,being that she has lived with you,could you tell us about her ability to do different things or inability to do things? 'Well,the only thing she can do is dishes or do a little bit of dus Hnl . And she dresses herself.But as far as bathing herself and her personal needs,I have to see that she's taken care of. Now in so far as talking goes,what about that part of it? A Well,it's mostly motions she uses "and tries to say a :Dew words but she can't. Q Well,you mean nothing comes out at all or does some SOund come out? A For example,she will call me Shen,and my name is Jean.And m, sister Lillian she calls her "0",because she canlt say Lillian. And for my brother Harold she says Ha Ha.And if you don't 17 ~A Oh,yes,she is very muc h happier. 0(~~Q How does she get along 'NUh you and Frank and your children? zIII~A Good. ~~Q Well,briefly,hO'N many bedrooms are in the house at Western %•0(~Avenue? ,• • Q .,:uiA~ii ~Quii~A :I:..,.w Q Iill: IIIl-ll:oCl.III II:Al-ll:~ouQ.I C Uii:II.o A knovv what she IS talking about,you Ire lost. Then is she,would you say,or is she actually happier then living '''/here she is novi!?. Four. So there is enough for her to have her own bedroom? She has her own room. Now in the Petition of your sis ter to this Court,we have recited that you are the Executrix of your father's estate.Is that correct? That's correct. Aside from the house and the lots that we have talked ;about,what other money or property is there that Shirley would be entitled to or is entitled to? Other than the property she only has her Social Security. Q And the amount of that nmv is how much? A $130.50. Q Monthly? 'A Yes 18 Q Is that in the form of disability benefit? A Yes. Q Were you recognized by the Social Security Office as the proper ~Qz~>oJ>AIIIZZIIIII. zQ 0.."z A:t•·~:t • • A .:u ii Q=Q oJ~ UQ ~A :t~'.... W Q ltilI:IIIIi:oIL 11/ lI: l-ll: :)ou oJ~U~Ao payee to receive those monies? Yes l sir. Have the checks been made payable to you by the Federal Governm ~nt ? Yes I sir. And very briefly,what have you done 'vith this money? Vvell,I have us ed it for hospitalization.her de.ath insuranc e.for h~r Opportunity CenterI going to school. In other words,you meanl have you used it solely for her use and benefit ? Yes,sir. This Petitim was filedl presented to the Court on October 27, 1971,which is not quite a month ago,alleging that there was no ne cash left as of that time from the Soc ial Security money or any rental income.What 'vas the reason for that? For the repair of the hous e.I had to keep the repairs of the house UPI and anything that Shirley wanted that we got for her out of the money. Q You used the money for things she needed? A Yes',sir. Q You mentioned the word wanted.Would you explain that? 19 A Well,when Shirley wants something,you better buy it or you ainlt ,goima<'sleep all night.·.When she says she 'Nants something,you better go get it. before.Do you want me to ask her questions? she 'Nonlt wear them with holes . was it food or a dress? Underclothes and slips and stuff that she puts holes in them,and No.Vve can leave that out as far as the You mean with respect to contemplated pur hase Yes . the Court 'Nanted me to go in this other phase of it that we got into Your Honor,may I ask the Court at this time,due to the fact that this is an alleged incompetent proceeding,I didn't know how far of the pro perty? Oh,no.Just the required amount of things that she needs. a fur coat or anything like that,did you? Well,'Nhen she 'Nants something you better get it,you mean like Well,I mean---I'm.not trying to be cute,but you didn't buy her iiiII:11/tt THE COURT:oII.\1/ ll: l-ll: ;)o~MR.HAHN: <C u~THE COURT:o .'. Q•iA~~~Qz11/CI. i0l-e~A:tII~~ .,:u~QII•0 oJ~UCi;)., ,:z:..I ,... I t'C record is concerned.I just spoke with you about that,so we'd have an idea.He can leave that out. Q Under the Will,the items in the house were left to Shirley too, weren't they? A Yes. Q And aside from yOU your sister Lillian there are Harold and 20 Shirley herself.These are all the children in the family. in so far as those monies are concerned. Yes,sir. disposition of it.If the Court 'Nere willing,Mrs.Fazzolare,to I have not received that yet,but when I do I will make proper Very well. what,accountings and papers have been filed by Mrs.Fazzolare Your Honor,lid like to state of record too that I have written to the of this proceeding,and also asking them to send me copies of That's right. Social Security Administration Office at the Philadelphia Office at the suggestion of the Washington,Pennsylvania office,notifying them I And both your parents are deceased? .:u ETHE COURT: ii oJ~Quii ::l., %...... C'C A Q A•Q ~ z~~>-IIIZ ZIIIQ, i0..CIZ %..c:J • .," IfiII:IIIItoII.Id II: li:A ::loU...Q~ uiLI&.o appoint you as guardian of Shirley's estate,do you understand generally the nature of what your du ties would be? I think.so. Do you understand,for example,that any monies that would be hers you would have to keep straight from your own funds from evel1 the estate funds and soforth? A That's right. Q And do you understand that by law you can only invest,if she had mcmey belonging to her,you can only invest the money in certain,what ar-e called legal investments that are comparatively safer investments 21 under the la'v? A Yes. Q Do you understand that you are not allowed to spend then,if you are appointed guardian,-you are not allowe'd to sp~nd any of her money unless itI S for.proper purposes for her own use and benefit ~z~~~AzZIII~Qze1:1~:z:•~~A such as medical,food,cl?thing and soforth? Yes,sir. You are willing to comply '''lith the law in all respects in that regar ~ if,the Court should appoint you as guardian? Yes,sir. How far did you Where? Mrs.Fazzolare,what schooling have you had? Canonsburg. Graduated from high school. go in school? A .,:u i Q Your Honor,are there anyquestions of Mrs.Fazzolare?Iia ~ua;:)., %...... "EXAMINATION BY THE COURT: wi ll:5QolLIIIll: l-ll:;:)SA... ~u~Qo -.. 1_ Q Were you at any time employed after graduation ? A Yes,sir. Q Where? A At McCrory's :5.&10 in Canonsburg. Q As a clprk? 22 A Yes. Q But you are not employed now? A No#sir. ... Q A iQ 0( ~ tiAzz1&1Q, zQo.."~A:z:•0( ~Q .:u ii:A =a ~Qua~A :z:l-I'-N Q iiiII:III:i:AoQ, l&lII:.. II:;:)o~Q 0( u~Ao Q You have two children at h ane ? Yes,sir. Their.ages? The son is 20 and the daughter is 19. I presume they are both out of school then? Yes,sir. And both unmarried? Yes,sir. Do they have work? Yes,sir. Where is your daughter 'vorking? She works for the Canon-McMillan School District as an Assistant Librarian. Your son? He works for Kroger's as a stock boy. Mrs.Fazzolare,since your father died on April 17,1967,and you were appointed as executrix,I presume soon thereafter,were you not? A Yes,sir. Q What about the rental of this property?Wasn't it rented after your father's death? A Tt W::lRn't Y'pnted exactly after mv father's death.It stayed empty Q .A Q•A ~Qz t( ~>-UIZ ZIII L A i0I-~Z :z:•,t( ~ .:uiI-"•a.JQt( ija:::I., :tl-~A iiill:III Ql-ll:0II. 1&1a: l-ll: :::I-.0 A-u.oJ~u Q .A.i&:...0 e A Q for quite awhile and it's just been rented from time to time. How much was the rental? $90.00 a month. Now what '.vas done with that money? It was used to repair th!=house. What repairs have you effectuated wi,th that money since your father> died? Well,there 'vas a coal furnace in there and we had to put a ne'v gas one in because it blowed up when the tenants was living there and we had to get the gas hot water tank fixed and the piping and painting had to be done. Now were the various repairs that you s peak of,were they paid for completely or is there any money due on thos e? No.they are paid completely. And those were paid for out of the rentals that were received from the property. Yes.sir. So as far as the repairs are concerned.there is a clean slate at this time.There is no money due on them. No.sir. Now this is getting a little bit into our future inquiry.but we will ask at leas t this one question now.What repairs would be necessary now on the property to put it more or less in tenantable condition? 23 -------------~-------- -II-----------------------------------O:----~ 24 A There has to be a new roof put on it.There has to be a side porch • Q A repaired and the walk going out the front. the What repairs dcesl side porch need-? The cement is all breaking up and ready to fall in and it has to be repaired. Fazzolare,ho'v old this house is? It's leaking. Couldn't that be repaired? May I ask,Your Honor,do you know,Mrs My point is it wouldn't necessarily require a whole new roof just because you have a leak someplace. Well,it's pretty deteriorated. I guess it could. And the roof,why would the property need a ne l'"roof? HAHN: .:ui =ii ;Auii ::MR. :z:......~ • Yes.It was built in 148.So that would be 23,22 years. iiiII:III..II:0lL\IIa:..II:;:)-.,0U .I< U...ii:I&.0 e A MR.HAHN: A It's asbestos shingle. THE COURT: that later? Briefly,was it a brick or frame house or ,hat? Was it that originally or just covered with A That's original. THE COURT:From the beginning? A Yes,sir. THE COURT:What type of a roof? A Shingles. 25 THE COURT:Asbestos shingle. A I don't knovl,what are they,tiaY';paper shingles or what are they • ca lied? MR.HAHN: THE COURT: There are different types of materials . You have an abestos shingle too that is used receipt of the copy of the Petition. in the neighborhood of ~5 or 30 years.Well,we will leave that May living with your father in the home clear up until the time of for roofing and they are much more permanent than the asphalt- The instrument acknowledging service of Your Honor,we also had a paper here,I had That's all the questions the Court has The les s permanent is the as phalt-type shingle Yes,sir. a paper in which the other parties accepted service and acknowledg8d of Mrs.Fazzolare. his death? type shingle. that is generally used for the cheaper jobs.But even they should la~t subject for the moment.Mrs.Fazzolare,was your sister Shirley HAHN: THE COURT: iii II:IIIItoDo11/ :MR. II: :)oU .J<Uii:I&.o c z~>-III ZZ1&1II. io~CIZ %IIC~ .:uiIiiii..cUii~A :z:..,.. ~THE COURT: • ... -~. i ei the copy of the Petition by the heirs in this matter is ordered filed and made part of the record.That will conclude our hearing. (Proceedings Closed). •Stenographer's Certificate Certificate of Hearing Judge The foregoing record of the proceedings upon the hearing of the ItiII:III~oA-11/a: I-a:::IoU .J~above cause is hereby approved and directed to be filed. iL...o ~z~~I hereby certify that the proceedings and evidence are contained ~VIZ~fully and accurately in the notes taken by me on the hearing of the aboveA- i~cause,and that this copy is a correct transcript of the same.Cl~XIII~~ I. .... • By the Court, P.Vincent Marino,J. ,I , IhIf f " -----',''" A fiANDBOOi<FOR PENNSYLVA;~IA INr :~RITANCE AND ESTATE TAX COLLECTION AGENTS ~I,...,.,"j'I'SpCirs,=:anCi ."Lt,,iSll~Ci j)V. ('.,. ......-7\";.•.""t••f~::::''··n ,...01"'1""'1 ~_. ,.".~..,'I •".,•.d ,.....:1'.;0 ••:i:'•'Jco.,:i:. RAY/IAO~~D P.SI'lJ'.F::.1,G':we.nor WA:t;"~J:~i'J\.Ocr UY,~e.;~1Cl)t ,..-,-" ...... .' ..'I----'-_.--"..-._--_._----------_.._..._---,,...~,. -31 - Ta111eJor:-C0JBll..uj:ing Interest at 6%1-,.Days 1 Day ·SO.C00l7 11 DllYs sr..00186 21 Days $0.00352 2 l1a)'5 .COC134 1Z nS)'S .(\OZ03 22 Days .00369 3 Dllrs .00('S1 1.1 nars .0lo22G 2.1 Days .C0386 4 nays .OC068 1'1 flays .(:C237 24 Days .00403 5 1J1IYs .00085 15 DIlYs .00250 25 Days .00420 I6Days.l'OlCl 16 nays .00267 26 Days .00437 :( I7llays.r.OnB 17 nays .00284 27 Days .00454 I 8 Days .(',0135 18 Days .00301 28 Days .00471 9 Days .00152 19 Days .00318 29 Days .00488 r 10 Days .00169 20 Days .00335 30 Day~.00500 LIFE ESTATES AND ANNUITIES l~'hen a person dies he may make outright gifts or specific bequests of his, rroperty to his heirs.On the other hand he may direct.that his heirs'receive an annuity,a life interest 0T life estate in property,or an interest,for a stated. I,eriod of time.Ivhen this is done it is nomally with a further provision'that \Y'hen life estates or interests for stated periods terminate an}'property IY'hich still remains in his estate \Yin liass to succeeding n8l'Ied heirs..The portion that rasses to succeeding heirs is ImOlYn as the "remainder"or remainder interest. Taxes or.srecific outright bequests must he I,aid in full IYhen due. ... !I01Y'ever,011 bequests of iife estates or interests for stated reriods the tax initially becomes due only on the value of.the life estate or interest for a stated period and the r ayment of tax on the remainder of such items may be post- poned ulitil the termination of the life estate or limited estate.Further,the lalY' does l'rovide that the taxl'ayer may elect to pay all taxes due,both on life estates and the remainder ., ;, ..(~-33-3~:::LIFE 1:STIIT£OIl IInmITY TflDLE FQR USE 'I'HEN DI\'IY.OF DEATH IS (lli OIl AFTEH JANUARY 1.196~ Age tumuity Life -Est.Remainder Age Annuity Life Es,, (0 23.9685 .83890 .16110 53 13.8221 .48377 1 24.9035 .87162 .12838 54 13.4734 .47157 2 24.8920 .87122 .12879 55 13.1218 .45926 3 24.8246 .96936 .13114 56 12.7679 .44688 4 24.7378 .86592 .13418 57 12.4120 .43442 5 24.6392 .86237 .13763 58 12.0546 .42191 6 24.5326 .85864 .14136 -59 11.6960 ,40936 7 24.4188 .85466 .14534 60 11.3369 •3967~ 8 24.2982 .85044 .14956 61 10.9776 .38422 9 24.1713 .84600 .15400 62 10.6186 .37165 10 24.0387 .84135 .15965 63 10.2604 .35911 11 23.9008 .83653 .16347 64 9.9036 .34663 12 23.7600 .83160 .16840 65 9.5496 .33420 13 23.6161 .82656 .17344 66 9.1960 .32196 14 23.4693 .82143 .17957 67 9.8464 .30962 15 23.3194 .81615 .18382 68 8.5001 .29750 16 23.1665 .81093 .19917 69 9.1578 .28552 17 23.0103 .80536 .19464 70 7.8200 .2737C 18 22.8511 .79979 .2C021 71 7.4371 .26205 19 22.6870 .794C4 .20596 72 7.1597 .25059 20 22.5179 .78913 .21137 73 6.93'32 .23934 21 22.3438 .79203 .21797 74 6.5231 .22531 22 22.1646 .77576 .22424 75 6.2143 .21752 23 21.9801 .76930 .2307C 76 5.9137 .20699 24 21.7902 .76266 .23734 77 5.6201 .19670 25 21.5950 .75582 .24418 78 5.3345 .19671 26 21.3942 .74890 .25120 79 5.0572 .17700 27 21.1878 .74157 .25843 80 4.7994 .16759 28 20.9759 .73416 .26584 81 4.5283 .15849 29 20.7581 .n653 .27347 82 4.2771 .14970 30 20.5345 .71871 .28129 83 4.0351 .14123 31 20.3052 .71068 .28932 84 3.8023 .13308 32 20.0699 .707.45 .29755 85 3.5789 .12526 33 19.8289 .69401 .30599 S6 3.3648 .11777 34 19.5916 .63536 .31464 87 3.1601 .11060 35 19.3285 .67650 .32350 8'3 2.9649 .10377 36 19.0695 .66743 .33257 89 2.7793 .09726 37 18.9044 .65815 .34185 90 ..2.6Cl9 .09107 38 19.5334 .64567 .35133 91 2.4342 .05520 39 15.2566 .63999 .36102 92 2.2754 .07964 , 40 17.9739 .62908 .37092 93 2.1254 .07439 41 17.6853 .61'399 .3'3101 94 1.9839 .06944 42 17.3911 .60869 .39131 95 1.S5e'7 .06477 43 17.0913 .59820 ".4('18C 96 1.7256 .0604(· 44 16.7860 .5'3751 .41249 97 1.6092 .05629 45 16.4754 .57664 -.42336 99 1.4932 .05244 -45 16.1596 .56559 .43441 99 1.3949 .C45'32 47 15.9389 .55436 .44564 lCO 1.2973 .04541 48 15.5133 .54297 .45703 101 1.2033 .04212 49 15.1931 .53141 .46859 102 1.1('73 .03977 50 14.8496 .51970 .48030 1('3 .9973 .03491 51 14.5101 .50755 .49215 lC4 .5319 .02911 I -ry 1!.lG7'3 .4l'\S~7 .5(411 1C.S .4~31 .\'1691:J_ L :\Ii \ , I,I l,1 .;i , t I,I 6449 r iI I':,' .. { I ~Iri'. I ;i/; '/,I ....",., • Estate Planning~MaritalDeduction ,,\i,1'1 • ". ! .[~7180] " Complete Expectation of life */'-,, Under I 67.8 75.1 61.1 68.2 : 1 ,'.....68.3";75.3 62.6 69.5 2 67.4,74-.4 61.8 68.6 ~3 "66.5,.'73.5 60.9 67.7 4 '....65.5 72.5.59.9 66,8 :5 :.......64.6 71.5 . .59.0 65,8 ,6 :..... .. .. .. .. ..63.6'70.6..58.1 64.9, .7.. . .. . ..... . ....62.7,69.6 .'.'57.1 63.9 8 61.7,68.6'56.1'62.9 . 9 :.,......60.7:"67.6 55.2 62.0 10 '... . . . . . . . . . . ...59.7 66.7 ;54.2 61.0n,,..:.....58.7."65.7 53.2 60.0 12 :.',',".'.-:.'-.'.~-;-.",57.8'64.7 52.2 59.0 13 ,...56.8 63.7 51.3 58.0 14 ,....55.8 62.7 50.3 57.1 -15 :..:'::'-;.:'54.9 61.7 -49.4 56.1 16 "53.9 60.8 48.4 55.1 , .17 ....53.0 59.8 47.5 54.2..18 :~52.1 58.8 .46.6 53.2 .-19 ,'.......51.1 57.9 45.7 52.3 20 ... .. ........,50.2 56.9 44,8 51.3 21 ...oo ••••••:.....49.3 ' .55.9 '43.9 50.4 22 . .. . .. . .. . . .. . ..48.4 55.0 .43.1 49.4 , .23 ..' '..' "47.5 54.0 42.2 48.5 24 '...46.6 53.0 41.4 47.6 25 '.., ... .......45.7 52.1 4O.S 46.6 26 '·44.7 51.1 39.7 .45.7 27 "43.8 50.1 38.8 44.8 28 :42.9 49.2 38,0 43.9 29 .., . . . .. ...41.9 48.2 37.1 .43.0 30 ........41.0 47.2 36.3 42.1 31 40.1 46,3 .35.5 41.2 32 39.1 45.3 34.7 40.3 33 38.2 44.4 33.9 39.43437.3 43.4 33.0 38.5 35 .. . . .. .. ...36.4 42.5 32.2 37.7 36 35.4 41.5 31.4 36.8 37 ;.........34.5 40.6 30.6 36.0 38 33.6 39.6 29.9 35.1 39 32.7 38.7 29.1 34.3 40 :.....31.8 37.8 28.3 .33.4 41 30.9 36.8 27.6 32.6 \ I The other ty'pe of formula clause-the fraction-of-the-residue b~quest-provicles for a fraction,·share,or percentage of the residue tHat will qualify fOf 'the maximum marital deduction,less taxable prC{,p'erties otherwise.passing to the surviving spouse and qualifying for the'marital deduction.Nonqualifying assets are excluded,The re- maining Jraction of the residue-the non:marital deduction share- is made subject to payment of estate and inheritance taxes.Distribu- tion in kind does n()t create a cal)ital gain or loss sittiation. ..Expectation of ~ife in Years .,:Age '\Vhite Negro and other (Years)Male Female'Male Female ,I ~,.If..-':"&,-;.'."i1 ..... I {,."I " ,:.;1\,,'-.I.':.,;/ I.Ii I,I,. ..I' "1.\ .j, •The life expectancies for ages 0-69 are from the Department of Health,Education :Ind Welfare.Public Health Service.annual report."Vital Statistics of the United States"for the year 1967.Similar life expectancy tables have not yet been prepared for beyond age 69 by the Public Health Service.The life expectancies for ages 70-100 are tal,en from the "Standard Ordinary Table,1958"used by stale insurance commissioners. Federal Estate and Gift Tax Reports <• ',I.,., ": ,I,' ',il ·,I.!.II( :,; I " ~;i ,,JI /" I .1..' , I ., iI,f, .,,' ,' \ I II, I' \, \,I I 1 ii, I . .!', .'~.,!I • ,I' 'III ~I I 'j Ij .1 II '11 1/I "fif "1.!q ;',j II J.i,'1.',I "): . I ".,i ) 31.8' .~31.0''. 30.2. 29.4 28.6 27.8 27.0 26.3 25.5 24.8 24.0 23.3 22.6 21.9 .21.2 20.6 .:.19.9 19.3 18.7 18.1 17.5 16.9 16.3 15.8 15.4 15.0 14.6 14.3 I. Life Age Expectancy 91 ..........2.82 92 ..........2.58 93 ..........2.3394...,2.07.......... 95 .........-.1.8096..........1.5197...........1.1898...........8399.........-..50100..........00.00. "." ,I I I ~ "I r . I, I ... . ..::i ~ 26.8 '..26.1 25.3 . 24.6 23.9 23.2 22.5 21.8 21.1~.~:;,'.20.5 . 19.8 '19.2 18.6 18.0 17.4 16.9 16.3 15.8 .15.3 14.7 .14.2 13.7 13.2 12.7 12.3 12.0· .11.7 11.4 \'. ©1971,Commerce Clearing House,Inc. ~,I r fi, /.'. ,.~.' ·\ ... ! . "'1'•.;:,'..~.~.'~"',' Expectation of Life .In Years . .,,'White .Negro and.other Male Female .M.ale Female [The next page is ~75.] Estate Planning..:-Marital Deduction .'.' .~,. ~••~I u\,' Age' '.(Years) .'. .: 42 '30.0 35.9 43 ..:';:'':.·29.1 "'35.0 44 :,.~..;,.:28.3 -.34.1 45 "27.4 33.2 46 '"26.6 32.3 47 .... .. ... ....25.731.4 48 24.9 '30.5 49 .. .. .. ..24.1 29.6~::::::::::::.:':::.::.~~:l·..".,,~% 52 ........... .....21.7 27.0 '53 :: .:..,;',:.20.9-..26.2 54 :'"':".'20.2 . .25.3 55 ":'".'.:,...19.5 .24.5 _..56 18.8 23.6 57 '.:18.1 22.8 58 :17.4 22.0 .. 59 .'::......16.7 21.2 .:r 60 . " :.."16.1 20.4 61 .:::.....15.4:19.6'. 62 '.14.8'18.8 63 :'..:....14.218.0. 64 ' :::....13.6 17.3 65 : ' "13.0 16.5 66 '"12.5 15.8;~ 67·;.................11.9:15.1 ':", 68 .'.......11.4'.14.3 69 ~'......]0.9 13.7 \. -.'l',. -.·,," Life .,LifeAgcExpectancyAgeExpectancy 70 ..........10.12 81 .........5.5171.........9.63 82 '...'.......5.1972........9.15 83 ..·......4.8973..8.69 84 .......4.6074.:.........8.24 85 ...........4.3275..........7.81 86 .........4.0676,7.39 87 3.80................77 ..........6.98 88 ..3.5578..:.......6.59 89 .'...:......3.31796.21 90 .'-"3.06...............80 ..5.85 err 7180]-Continued 1\\1 6450 :..~.'.~..:c.;,;I'~ I\...I. i·'.., " ,.I •~:••j.!.'"'!:.I • " " ;·1•••·~',;i ."'J.~_ ',."." ~7180 " ':,... ".1 I.1 I." :1 I. I ,'I''I';1, I', ;'\I,", ··,t'". I , .I!:! I ,I,", ,, , ,I '. ~'I :, (I',. I;1· "".' i. if'./.;:!.: .j j,'( :':,'.1 " ,... I'.':d, r:~\,' 'II ,"tlj.'i'"{.'.I:!, :i " :, ".i I: , " I\'.. I., i.\ ,'11.\ j'l \. '.\ \',',. I '.,\ "\'II.01"1\' I,, I I I',I., :,.'11 I.. .' ; I I'• I '\ " ':",'. " \.. I,,' "'t:., I,. I" \1\', "Lf~ ,, \'/I to,,..,. .,;I /,1 1',f.,,"••,j .\.';\ i \'I i' ! \:\ "I,. I', ,"~ ,YEARS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ...32•33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 ANNUAL COMPOUND INTEREST TABLE EFFECTIVE RATE =6%BASE =1.06 I 2 3 4 5 6AMOUNTOFIACCUMULATIONSINKINGPRES.VALUE b'RESENT VALUE INSTALMENTATCOMPOUNDOFIFUNDREVERSIONORO.ANNUITY TOINTERESTPERPERIODFACTOROFI1PERPUIODAMORTIZE I 5":(1+i)"5 S"- I liS",=,f-y"-..L 0",=1-y"'1/0;;1 =~m=-.--s"".I S - I I I-V y 1.060000 1.000000 1.000000 .943396 .943396 1.0600001.123600 2.060000 .485437 .889996 .1.833393 .5454371.191016 3.183600 .314110 .839619 2.673012 .3741101.262477 4.374616 .228591 .792094 3.465106 .2885911.338226 5.637093 .177396 .747258 4.212364 .237396 1.418519 6.975319 .143363 .704961 4.917324 .2033631.503630 8.393838 .119135 .665057 5.582381 .1791351.593848 9.897468 .101036 .627412 6.209794 .1610361.689479 11.491316 .087022 .591898 6.801692 .1470221.790848 13.180795 .075868 .558395 7.360087 .135868 1.898299 14.971643 .066793 .526788 7.886875 .1267932.01~196 16.869941 .059277 .496969 8.383844 .1192772.132928 18.882138 .052960 .468839 8.852683 .1129602.260904 21.015066 .047585 .442301 9.294984 .1075852.396558 23.275970 .042963 .417265 9.712249 .102963 2.540352 25.672528 .038952 .393646 10.105895 .0989522.692773 28.212880 ..035445 .371364 10 .477260 .0954452.854339 30.905653 .032357 .350344 10.827603 .0923573.025600 33.759992 .029621 .330513 11.158116 .0896213.207135 36.785591 .027185 .311805 11.46992\.087185 3.399564 39.992727 .025005 .294155 11.764077 .0850053.603537 43.392290 .023046 .277505 12.041582 .0830463.819750 46.995828 .021278 .261797 12.303379 .0812784.048935 50.815577 .019679 .246979 12.550358 .0796794.291871 54.864512 .018227 .232999 12.783356 .078227 4.549383 59.156383 .016904 .219810 13.003166 .0769044.822346 63.705766 :015697 .207368 13.210534 .0756975.111687 68.528112 .014593 .195630 13.406164 .0745935.418388 73.639798 .013580 .184557 13.590721 .0735805.743491 79.058186 .012649 .174110 13.764831 .072649 6.088101 84.801677 .011792 .164255 13.929086 .0717926.453387 90.889778 .011002 .154957 14..084043 .0710026.840590 97.343165 .010273 .146186 14.230230 .0702737.251025 104.183755 .009598 .137912 14.368141 .0695987.686087 111.434780 .008974 .130105·14.498246 .068974 8.147252 119.120867 .008395 .122741 14.620987 .0683958.636087 127.~68119 .007857 .115793 14.736780 .0678579.154252 135.904206 .007358 .109239 14.846019 .0673589.703507 145.058458 ,.006894 .103056 14.949075 .06689410.285718 154.761966 .006462 .097222 15.046297 .',.066462 10.902861 165.047684 .006059 .091719 15'.138016 .06605911.557033 175.950545 .005683 .086527 15.224543 .065683 . 12.250455 187.507577 .005333 .081630 15.306173 .06533312.985482 199.758032 .005006 .077009 15.383182 .065006 13.764611 212.743514 .004700 '.072650 15.455832 .064700 14.590487 226.508125 .004415 .068538 15.524370 .06441515.465917 241.098612 .004148 .064658 15.589028 .06414816.393872 256.564529 .003898 .060998 .15.650027 .06389817.377504 272.958401 .003664 .057546 15.707572 ,.06366418.420154 290.335905 .003444 .054288 15.76186\.063444 19.525364 308.756059 .003239 .051215 15.813076 .06323920.696885 328.281422 .003046 .048316 15.861393 .063046 21.938698 348.978308 .002866 .045582 '.15.906974 .062866 23.255020 370.917006 .002696 .043001 \5.949976 .062696 24.650322 394.172027 ..002537 .040567 15.990543 .062537 26.129341 418.822348 .002388 .038271 16.028814 .06238827.697101 444.951689 .002247 ..036105 16.064919 .062247 29.358927 472.648790 .002116 '.034061 16.098980 .06211631.120463 502.007718 .001992 .032133 16.131113 .06199232.987691 533.128181 .001876 .030314 16.16\428 .061876 52 .l~• ,I