HomeMy WebLinkAbout79-00240
in het est.ate'should she now die intestate aJ:'e' lll!I followSl
(a) Niec,o: Betty FahnestOCk, R.D. 4, .BOX 323,
CarUde, cumberland, County, r&nnsylvailia.
(b) Niece: Janet Marshall, New Kingston, CumbeJ:'land
county, Pennsylvania.
(0) Niece: Joan Mitten, New Kingston, cumberland
county, Pennsylvania.
(d) Niece: Frances Stambaugh, 19 Carlton Avenue,
carlisle, cumberland County, Pennsylvania.
(e) Niece: Betty Albright, 1159 Harrisburg Pike,
Carlisle, Cumberland County, Pennsylvania.
(f) Nowphew: James Mitten, R.D. 1, Mechanicsburg,
,.pumberland County, Pennsylvania.
(g) Newphe~: Marlin Fahnestock, 50 Bonnybrook
Road, Carlisle, O~berland County, Pennsylvania.
(h) Newphew: Richard Fahnestock, R.D. 1, Newville,
cumberland County, Pennsylvania.
(i) Niece: Ruth Glunt, R.D. 5, Carlisle,
Cumberland County, Pennsylvania.
(j) Nowphew: Harold Fahnestock, R.D. 4, Newville,
Cumberland County, Pennsylvania.
(k) Niece:
R.D. 4, Box 323,
Pennsylvania.
Martha, Grove (Petitioner herein)
Carlisle, Cumberland County,
7.
That your Petitioner, after reasonable investigation, is
unable to estimate the gross value of the alleged inoom~tent's
estate, but your Petitioner believes and therefore avers that
the said estate consists of the following:
(a) The alloged incompetent's real estate, to wit:
a dwelling house at R.D. 4, Newville, (West Pennsboro
Township), Cumberland County, Pennsylvania, located on
the south side of Route 641, said premises having an
appraised value, of approximately ~34,OOO.OO. (See copy
of appraisal attached to this Petition as Exhibit "B."
(b) The alleged inoompetent's household goodS,
contents, furniture and furnishings presently situate
at the aforesaid premisos.
(c) 1\ check.ing account in Farmers Trust Company,
Carlisle, Pennsylvania, mllintainod by that bank as
Attorney-in-I:'aot under a power of Attorney dated
~cember13;' 1978.
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b~()K 106 I',\t.~ 2~1
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15.
That if' your Honorable Cour,t appoint" a Guardian for the
estate of the alloged inoompetent, it is proposed that: the
alleged incompetent's roal estate referred to above in Paragr~ph
7 (a), be sold. Said proporty is more particUlarly bounded and
desoribed as followSI
All those certain lots or tract of land situate
in the Township of West Pennsboro, County of Cumberland
and State of Pennsylvania, being lots Nos. 21, 22, 23
and the eastern half of lot No. ~4, in tho Big Spring
Heights Plan of Lots, extension No. 1 ao laid out by
Andrew McElwai~ said plan being recorded in the
Recorder's Office, in Carlisle, Pennsylvania in Plan
Book No. 2 Page 75 and reoorded March 20, 1928.
Said three and one-half lots are adjoining and
form a block bounded on the North by the concreto
road leading from Newville to Carlisle: on the East
by property of Steward D. Wood; on the Sout.h by an
alleYT and on the West by the Wostern half of Lot
No. 24, in said Plan of Lots. Having a frontage on
the concrete road of ,One Hundred and Seventy Five
(:t. 7 5) feet and the Bame with an alley in the rear
and an even depth for thelot~ of Two Hundred
(200) feet.
16.
The said real estate is improveq with aL two storyfran\e
dwelling house and detached storage building and garageT said
dwelling house being approximately fifty (50) yoars old. The
dwelling house and storage building are currently unocoupied,
as the alleged incompetent is now at the Swaim Health Center.
The .asse8sed value of the real estato is $5,820.00 and the
current .ta~es thereon are approximately $375.39 per year.
17.
~~e Petitioner avers that the Guardian, if appointed, is
not authorized to m~ke sale of said real property, as this is
not provided for. in the Probato, Estates and Fiduciaries Code
as it per.tains to guardians of incompetents, nor is the power
to sell real estate enumerated among said Guardian's other
powers at 20 PS 5521.
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Q Did you ha'le an oPtlo~tunHy to reaq the peti,tipn that \,I'as,"
'filed i'n t.hisoa61e?'
" ,~ ,~
'AYes,
Q 'bid you happen to notioe the Hst of eleven next of kin,
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nieo~s and' ryepheWB?
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'0 Is "hhat list a complete list of fill of her next' of kin
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to ,your, knowledge?
A'
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Yes, ,it is.
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Q '01q you also hErve a chance tio teview the, informfltion
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given as ,to her assets , specificallY a, dWellin~r house, furniture
and a. ch~cking account?
Yes,
A
Q
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"Is thflt to your knowledge all" that she has?
,Yes, it is.
,', She' was' ~~ceiv:l!ng
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supplem~ntal securi'ty inoome I,also?
Yes, she was.
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" Was' it because ofYO\1r' <lctions tha~ sh~ or!g,j,n<\lly wen;b ,,'
to Dr. 'Townsend in Newville?
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o ,Would you j'ust tell the Courtbrlef.ly the way MiSS' Mitten
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behaving th<lt you feel she ls
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was
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Yes, ,it was,
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in(lompetent?
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She' se'emed like she was very forgetf,ul.
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She got
first I notioed 'like in the winter,~he would turn her heat ~aok.
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She, would keep it set at, one temperature. Like
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"~ha"W"" · WOU1. '0 ", 'h. ..... W,o"" b. V.'Y 001q, 1
tUrn it,up and she,woUld tUrn it back,
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.!~u',~. "..'0'"" >h. Would "k. .'>h. 'h."" wb.. w.. P'..o"'b'.'
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Then she got ;,;. i'f she
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~.. I, 'ou.. 'h.. '''. h.. '.k..,,,, on. W..k '.V"'~~fiv. Pil..,
An,d then' X ~ot to ques,tiOl'lthis.
df oourse, frbm then on X had to administer her pills from tl'\en,cm.
'0 She Was SUffering from diabetes, was she not7
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11 ):'es, a mHd case at that time, Yes. And we.weht by
,
And, ,t Went to the doctor.
And,
,Oht' and rest' up to that time.
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Was 'thel'C a problem with her ea,ting properly tool'
'. Y.., 'h. WOUld for... If 'h' "., Th.r. woul. "" .....
when.. she Wouldn't eat at Jall. Mostly she, had oere<ll and milk. ' And
+' fpUi1d that this is what 'she Was ,liVing on for months.
o Wo. 'h.r. "'0 .pr6bl'. .i'h h.. ......i.. o~. 'e. '.~.
hi Itl'\way?
'. Y,., ,.., .'.....r r '0' ."" . oO,pl. ".e,. ..,. <M.
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'h. ..i"hb6r' WOuld f'., h." w.".r", .0,"' .'0', '41, T'.':'041,'
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'.', her home ... .h. WaUl,. '0 ".""b.o."oW' on the rd.q ..,.i.,
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Oi' yo" you..." find h.r '''.' ,,,,., 'h. pr..,... ..
times?
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~o.t really mYself, the neighbors, because I c04ldn' t
do you feel
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IN REI ESTATE OF
~QUETTA M. MITTtN,
Ali "AIiI;1!lGlDp INCOMPETENT .
'I IN THE COURT Ot<' CO~IMON J?I;1!lAS OF
II CUMBERLAND COUNTY, PENNSYLVANIA
II NO, .::>IIJoORPIiANS, 1979
DECRmm
, ...
J ~~ day of lIpril, 1979, at
'AND NOW, this
'. i
r, '~",.M. i 1!l.S.T., it appe!\ring to the Court that in aocordance with
I the J?reliminary Deoree herein dated April 10, 1979, a citation
..' ...
-r ,I) o'olock,
,"~
Was issued by the Clerk of Court and served. together with a
qettified copy of the Petition herein, upon Louetta M. Mitten~
the cilleged incompetent, by personal servioe on April 12, 1979,
ls.e Sherirfls Rciturn filed herein), and
IT FURTHER APpmARING that notice of the hearing held on
April 25, 1979, was g~ven to Betty Fahnestock, Janet Marshall,
,Joan Mitten, Frances Stambaugh, Betty Albright, James Mitt;en,
Marlin Fahnestock, Richard Fahneotock, Ruth Glunt, and Harold
Fahnestock, the next of kin of the said Louetta M.Mitten, by
cer'tified mail at least 'I:en days prior to said hearing '(see
Affidavit of Service filed hersin) , and
,
IT ~'URTHIDR APPEARING that all of the foregoing ne)(t of kin
~~oept Harold Fahnestcck joined in the within Petition, and
IT BEING NOTED that Louetta M.Mitten was not present at
the hearIng herein but that satisfaotory medical evidence was
reoeived at the hearing from J. A. Townsend, M.D.~ to warrant
her abse!1':lel and
IT BEING STATED that a hear.ing was held on ApJ:'il 25, 1979,
in accordance with the Preliminary Decre,e aforesaid"proper
"notice thereof having been given as aforesaid, at which ,thE!
testimony of Martha Grove (Petitioner) and Dennis' C" Caverly
(Senior Vice~President and Trust Officer of Farmers Trust
,COmpany) Was reoeived.
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