HomeMy WebLinkAbout09-17-78
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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
WILLIAM FRICK
An Alleged Incompetent
505
ORPHANS 1978
IN RE: PETITION FOR APPOINTMENT OF GUARDIAN
ORDER OF COURT
AND NOW, November 17, 1978, it is hereby ordered and
directed that the report and recommendation of the Special Master
hereinbefore appointed in the above matter, be and is hereby
approved, and that Bonita J. Stahl, Guardian Officer of
Selinsgrove Center, and her successors in office are hereby
authorized to receive, hold, and dispose of the estate of
WILL IAM FRICK
, and to pay such debts that
are presently outstanding as well as such debts that may later
become due and owing.
Specifically, the guardian is directed to pay to the Clerk
of the Orphans' Court of Cumberland County a filing fee in the
amount of $8.00 and a fee of $35.00 to Joseph P. Alexa, Esquire,
guardian ad litem.
It is further directed that the blanket surety bond issued
by Aetna Casualty and Surety, Bond No. 57S28546, is approved as
sufficient bond.
By the Court,
P.J.
cc: Edward P. Carey, Esq. (2)
Assistant Attorney General
George A. Vaughn, III, Esq.
Special Master
Joseph P. Alexa, Esq.
Guardian ad litem,
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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
WILLIMIl FRICK
(name)
CUMBERLAND
COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
An Alleged Incompetent
NO. 505 ORPHANS
19 78
REPORT AND RECOMMENDATION OF THE
SPECIAL MASTER AND ORDER OF COURT
Upon hearin<g of the Petition and Citation for Appointment of
a guardian for
WIT.LT,i\M FRTr.K
, proof of notice of
the said hearing to his next of kin having been filed, and
attorney
Joseph P. Alexa, Esquire, appointed as ~
~, the Special Master, appointed by this Honorable Court to hear
said Petition, finds that the said William Frick
is so mentally infirm that np.
is likely to dissipate or lo?e his
estate and become the victim of designing persons; and that the Court
further finds that the entire real and personal estate of the said
William Frick
should be handled by the
Guardian designated herein.
IT IS THEREFORE RECOMY~NDED THAT
Bonita J. Stahl
and his/her successors in office
be and are hereby authorized to receive, hold and dispose of the es-
tate of the said
William Frick
as the duly appointed guardian under Court Decree, and to pay such
debts as enumerated in said Petition, such debts having been found to
be proper and in accord with law.
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The guardian, within three months after real or personal es-
tate of the incompetent comes into his possession, shall verify by
oath and file with the Clerk an inventory and appraisement of such
personal estate, a st~atement of such real estate, and a statement of
any real or personal estate which he expects to acquire thereafter.
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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
WILLIAM FRICK
(name)
CUMBERLAND
COUNTY, PENNSYLVANIA
An Alleged Incompetent
ORPHANS' COURT DIVISION
I"" 167~
No .)0,5- {i/(fJI' rTAt j 1 0
19
PRELIMINARY ORDER OF COURT
AND NOW, this
18
day of
September 1978
19
upon consideration of the foregoing Petition, it is Ordered that a
to show cause why
WILLIAM FRICK
HE
should
citation be issued, directed to
not be adjudged an incompetent, and a guardian of
HIS
estate
appointed; and why distribution of assets and income as payment of debts
listed in paragraph 11 of the within Petition should not be made.
George A. Vaughn. III. Esquire
is hereby
appointed Special Master for the purposes of conducting a hearing on
said Petition at the institution at which
WILLIAM FRICK
resides, at a time to be fixed by said
Special Master, and to submit a Report and Recommendation to this
Court in a timely fashion.
is hereby appointed by the court to act as guardian ad litem for
WILLIAM FRICK
the alleged incompetent
regarding this hearing.
At least twenty (20) days written notice of the hearing
shall be given to
WILLIAM FRICK
BOOK 105 P,~':: 519
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the alleged incompetent, by serving
HIM
personally with the
citation and a copy of the foregoing Petition; and at least twenty
(20) days written notice of the Petition and hearing shall also be
given to any next of kin listed in the Petition either personally or
by certified mail.
Joseph P. Alexa, Esquire, be and is hereby appointed to represent
the respondent, Charles Clouser, and Sandra Gobrecht is assigned to
take the stenographic notes of testimony.
BY THE COURT:
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rn THE MATI'ER OF
rn THE COURI' OF CDM10N PLEAS OF
.
.
: CUMBERLAND COUNTY, PENNSYLVANIA
William Frick
(nama)
ORPHANS' COURI' DIVISICN
An Alleged Incarpetent
: NO.
19
PEI'ITICN FOR APPOINlMENI' OF GUARDIAN
The Petition of
Joseph J. Scartelli
, Superintendent of
Selinsgrove Center
, respectfully represents:
1. Your Petitioner has custody of the alleged incanpetent
at
SelinsJn"ove Center
2. The alleged incx:rrpetent was admitted to the aforesaid
institution on May S, 1942
3. '!he alleged incx:rrpetent is daniciled at R.D. 3, Newville.
Pennsylvania 17241
4. The alleged inc:x:xrpetent is ~ years of age, having been
born on June 13. 1912
5. The alleged incanpetent' s mili tal:y status is: never
served in the armed forces
6. The alleged incanpetent' s marital status is:
never married
7. Those persons, if any, who are the alleged incx:mpetent' s next
of kin and their relationship to same, of whan your Petitioner has knowledge
are as follows:
Mrs. Wilbur Negley, sister, R.D. 3, Newville, Pennsylvania 17241
Lynn Frick. brother Carlisle. pennsylvania
8. No other Court within this Carm:>nwealth of which Petitioner
has knowledge has appointed a guardian for the alleged incanpetent.
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9. The alleg-ed incx:rtpetent has incx:rne oonsisting of:
(a) Maney due fram Social Security Administration
in the arrount of $ 113.60 per month
(b) 1vbney due fran
in the arrount of $
per
(e)
10. The alleg-ed incanpetent has assets, real and personal, of
which the Petitione:r is aware, in the amount of $ 2619.79
oonsisting of:
(a)
r~oney
held py the Guardian Office:r of Se1insgrove
Center
in the amount of $ 2405.27
as of October 10 , 19 78.
(b) ''Vecchione IEfund" IOOnies in the arrount of $ 214.52
,
title to which is in dispute.
(e)
11. The a11eged incanpetent has debts outstanding in the arrount
of $ 1916.95 , as of October 10 , 19~, eocsisting of:
(a) $ 1736.05 owing to the Carmanwealth of Pennsylvania
as payment far care and maintenance received fran the period Aori 1 ,
19-15...., to October~, 19~, in aeoordance with 50 P.S. SS 4501 and 4504
and regulations prcmulgated thereunder.
(b) :~ 180.90 CMing to the Camnnwealth of Pennsylvania as
payment for care and maintenance rendered between July 11, 1974, and
April 4, 1975,
which relates to the "Vecchione Refund", title to which is
in dispute.
(e)
12. The alleged incanpetent is incapable of handling his
financial affairs far the reasons set forth in the attached Affidavit
am Canpetenc.y IEport, prepared. by
John C. Castrignano
,
marked as Exhibit A and made a part hereof.
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MI/NR 35-E-2 - 9-77
13.
Bonita J. stahl
, Guardian Officer at
the aforesaid institution, and his successors in office, having no interest
adverse to the alleged ina::xrpetent, has agreed to act as Guardian if this
Honorable Court shall so appoint. The oonsent of the proposed Guardian
to so act is attached hereto and made a part hereof as Exhibit B.
14. If appointed as Guardian,
Bonita J. stahl
is required to act in oonpliance with regulations prarrulgated under Court
Order in 5 Pennsylvania Bulletin 931 et seg. (April 19,1975).
15. In light of these provisions and in furtherance of
Paragraph 7 of the aforesaid regulations, petitioner requests preference
be given to a bank, trust oorrpany or other individual willing to accept
appoinbrent as Guardian.
WHEREFORE, the Petitioner prays that a citation be issued
directing
William Frick
, and those
persons, if any, listed in paragraph 7 of this Petition, to shew cause,
if any there be, why
he
should not
be declared an incxmpetent and a Guardian of the estate appointed, and
why distribution of assets and inCXJIIe as payment of debts listed in
paragraph 11 should not be made. Petitioner further prays that a guardian
ad Ii tern be apPOinted to act for the alleged incarpetent regarding such
hearing.
BY:
~llJ~-14'
o eph J. Scartelli
Superintendent
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MH/MR 35-E-3 ~ 9-77
BOOK 105 fAI::- 5~17
.
~TH OF PENNSYLVANIA
.
.
CDUmY OF
SNYDER.
Joseph J. Scartelli
, Peti timer in this
matter, being duly sworn according to law, do depose and state that
ram
Superintendent
of Selinsgrove
Center
forth in the foregoing Peti tiOll are true and correct to the best of
my kr1cMledge, infOlIllation and belief.
and that the facts set
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S J. Scartelli
uperintendent
ffiol:>m 'ID AND SUBSCRIBED BEroRE
ME, 'lE:rS .q:.tI.J mY OF
.. Pee., J ! , 19 7i
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Selinsqrove, Snyder Co., Pa.
My CO~-::-:l;SSjOrl expires 10<30-78
1-lIftm 35-E-4 - 9-77
BOOK 105 FME 518
AF.F'IIlAVIT
mMM)NWEAL'IH OF PENNSYLVANIA
ss
mUNTY OF
SNYDER
I,
John h. Castrignano
, being duly sworn
acoording to law, depose and say that I am a
Psychologist
in the Cbrmonwealth of Pennsylvania employed at Selinsgrove Center
, and I have examined the patient, VJilliam Charles Frick,
an alleged inCXJITpetent, with care and diligence and based upon said
examination and observations am of the opinion that said patient is
inoorrpetent to managE:= hislH!l.OX: am affairs for the reasons set forth in the
attached Corrpetency Heport, and that the facts and opinions oontained
therein are true and oorrect to the best of my knCMledge, infonnation and
belief.
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ME THIS
SWJm 'ill AND SUBSCRIBED BEFORE
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Notary Pub\\C
Ruth A. Troup, Fla
Snyder Co., ' :.
Selinsgrove, . '05 10,~O:/t:I
My Commission expn J
DAY OF
.' 19.1i
EXHIBIT nAn
I~ 35-E-5 - 9-77
- REPOR-r: OF COMPETENCY EXAMINATION
NAME
W1111_ Charl.. Prick
INSTITUTION
S.lS.n8~e C.t,....
EXAMINER
.J. 1>1. Cae'trlpano
I DATE
)-2)-78
ADDRESSOGRAPH PLATE
INSTRUCTIONS: Set forth below your opinion as to whether the patient/resident meets the legal standards of incompetency
Include the medical and factual basis for that opinion. If you have used a competency worksheet (state centers and MR units
only) it can serve as the factual basis for your opinion. Attach a copy to this form. Under Pennsylvania law, a person may be
adjudicated incompetent if he or she, as a result of mental illness, mental retardation, or old age:
(1) is unable to manage h is or her property; or
(2) is likely to dissipate that property; or
(3) is likely to become the victim of designing persons; or
(4) lacks sufficient capacity to make or communicate responsible decisions concerning the use and
management of his or her entitlements.
Your opinion regarding competence must make reference to at least one of these standards. Use as much space as needed and
be as detailed as possible. Medical basis should refer to both diagnosis and its manifestations. Factual basis refers to questions
and answers regarding the four st,mdards above. Please sign on bottom. If additional space is required, use an attached sheet.
The aboY. _d peNOIl 0_ not. recopl.. cola _d paper 110.'" up to
$100.00 aDd cell Dot; realt.. 1;he Nl..1C18h1p bn._ pl'Ope", pvchued
and ~_ 110ft'" \18M t.o parch.._ "Ilia pfQpel"tJ. The abO... lI.ed pttI'fIOJl
does not uaclen'ttUd reeel'flDg . COrHCt. __" of chMae aft.,. .
pure.... aad could _117 bee.. ...leU. to deai.&nlJl& p4lNOU .t:r:.~~
'to detrau.cl him 01 personal pl'O~" 01" 110ft.,. tbla -P8l"8Oft a.1ao can
not. judge b . reaJ,.:18t.tc _e.. t.be ..&1_ ot lA"OpeftJ ot dUter1q
-.onet.arr Yalues.
CONCLUSION: (Please respond Yes or No)
DYes ~NO
~ Yes 0 No
~Yes DNo
The patient/resident is capable of managing his/her financial affairs.
The patient/resident is incapable of managing his/her financial affairs.
(If Yes, respond to the following question.)
If the patient/resident is incapable, is the patient's/resident's incapability to manage his/her
financial affairs a product and/or manifestation of his/her mental retardation, mental illness,
or old age?
o Competent
~ Incompetent
t/ SIGNATURE OF REVIE~t.
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF PUBLIC WELFARE
SI 533 - 7-77
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EXA}fINER .I. l*i. CU'trlgftldlO
INS1'l~UCTIO;.jS: The administration of the Competency ^c;~~essment
Invent~ry (CAI) should conform carefully to the directions pro-
vided herein. The stated questions and tasks are designed to
elicit responses which will be used in determining whether or not
a resident is capable of managing his personal property and/or is
susceptible to the deceptions of others. (Pennsylvania Bulletin,
April 19,1975, Volume. 5. Number.17).
If the resident's response is correct, place the exact number of
points in the space provided. One point will be given for each
correct response, except where !ndicau.J. The examiner should
provide the resident's/pat:Lent's name. age. and center/hospital
number if an addressoera~ plate is not available.
PART I - SCREENING QUESTIONS
SCORE: ?
I 1. Ask the indil/1.dual La SLate his/her full name.
_-L..._
(Score one (]' ooint if full name is given).
I 2. Have the indiVidual. write his/her full name.
(Score one (J) Doint if t:he individual writes his name accurately).
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Individual's Signature
3.
Ask the lndi \I idllal,:o 1.<111,t; the-. current da) , month, and year.
(Score one (I) point if the individual responds correctly to all three).
I 4.
Ask Lrie 1nd1vldual ~nece ne lives.
(Score one (1) POil1 i- if name of institur..ion or: tamil" address is given).
5. Ask thl:: lndiv1dua~
,'ea'J thp following'
FIVE: BAN1.
ONE SIX
NO TIffiNn
TEN FOUR
CHECK. NINE
(Score om- 0) point fQr 1-5 words
correct; and three (3) points for
THIRTY-ONE
EIGHTEEN
NINE HUNDRED
DEPOSIT
SEVENTY-SEVEn
correct; two (2)
11-15 correct).
points for 6-10 words
6.
Currency Identification
Materials: Plenny, nickel, dime, quarter, half dollar.
Randomly plac1e the coins in front of the individual and ask:
(a) Show me the dime
(b) Show me the quartel
(c) Show me the nickel
(d) Show me the half doll.a
(e) Show me the penny
--(Score two (2) points if fOllr (4 I
more responses are correct).
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"- 7. . Ha.ted also One (1) twenty. ten>> five>> two, and one dulT<.tr bitl.
Plac~ the bills in front of individual and ask:
j,,/ (a) Show me the two dollar bill
(b) Hhich bill is worth the most?
(c) Show me the ten dollar bill
(d) mIich bill is the smallest amount?
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(e) Show me the five dollar bill
(Score two (2) points if (4) or more responses are correct).
STOP here if the individual has a total score of six (6) or less points - for items one (1)
through seven (7).
PART II - FINANCIAL HANAGEHENT
SCORE: if'
I 8. If you wanted to buy a radio at the lowest price (le2st expensive), and
saw three radios marked, $7.00 $11. 00 $8.00, which radio would
you select?
(Score one (1) point if the .$7.00 amount is selected).
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9. Give the individual one dollar ($1.00) in mixed change, and ask:
(a) If you bought something for 65 cents, show me
how much change you would have left?
____ right
(b) If a penc:l~l costs 25 cents, show me how much money
you need.
wrong
V right
wrong
(c) If you bought something for 85 cents, how much change
~ould you have left~
(Score two (2) points _t all three items are
answered correctly).
right
;/,7
wrong
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10. If you only had $200.00 a month to spend, what would you do with this money?
(Score one (1) point if the following three items are mentioned:
(1) food; (2) clothing; (3) housing).
I
11. Place fifty-two cents (quarter, 2 dimes, nickel, 2 pe)"'lies) in front of
individual and ask, "How much money is here?"
(Score one (1) point for correct response).
12. Ask the questio~:
If a stranger approached you and asked you for ten dollars, what would
you do?
(Score two (2) points for any response (s) whereby tile individual
does not give money to the stranger).
13. Financial Concepts
Ask the individual to explain the following:
~~. checking account (any mention of checking account functions,
i.e., payment, withdrawal of funds).
~ savings account (savings of monies in a bank; interest)
.~ social security (a source of monies from Federal Government)
-2
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/-.1
(ltt- 10..:1118 (borrcl\.'ing) (el method of get t:i ng rno11~y fro!J1 a sourte)
te7- life insurance (payment of Illontes upon death of o\-.'11er or
beneficiary)
;>(f) salary (vuges) (monies earned ,cor \\York complctc;d)
~ taxes (money deducted or paid to government for community
services and government support:)
Hi) postage stamps (j tem bought to be used for mai1ing letters
and packages)
(Score two (2) points if the individual responds correctly to four (4)
of the eight (8) items.
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14.
If someone came up to you on the street and wanted you to buy two watches
from them for $100.00, what would you do?
(Score two (2) points if the individual does ~ buy the watch).
I
15.
Place eighteen dollars (ten, five, 3 ones), in fro:mt of individual and ask,
"How much money is here?"
(Score one (1) point for correct response).
I
16.
The examiner or the unit staff should complete the following questions by
answering yes/no.
1. Does the individual receive money regularly? \'_
2. Does the individual give money and/or possessions away
indiscriminately?
3. Does the individual frequently lose and/or have his/her
money and/or possessions stolen?~
(Score one (1) point if #2 and 113 are marked "no*').
NOTE: It is sugges ted that a total score of sixteen (HD) or more points be used
as a cut-off score for rendering an opinion of c~petence. A score of
fifteen (15) or less points would be used for the opinion of incompetence.
MATERIAJ4S LIST:
Coins: 5 pennies; 3 nickels; 3 dimes; 3 quarters; 1 half-dollar
Bills: 3 ones.; five; ten; twenty
Is the resident1s.inability to handle his/her monies and/wr possessions a yroduct
of his/her disability'i,/
Yes ~ No
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or Psychiatrist
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Date +-
6/77
-3
CXJNSENT OF proPOSED GUARDIAN
I,
Bonit,a J. Stahl
, Acting Guardian Officer
of
Selinsgrove Genter
, do hereby certify that I
and ~ successors in office are willing to act as Guardian for the
estate of
William Frick
, an alleged inccmpetent, if
the Court shall so appoint.
Further, I do hereby certify that I am not a fiduciaLY of
any estate in which the alleged inccmpetent has an interest, nor have
I any interest adverse to the alleged inconpetent.
'!he facts and opinions contained herein are true and correct
to the best of ~ knCMledge, infonnation and belief.
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Bonita J ~ Stahl
Acting Guardian Officer
EXHIBIT "B"
MH/MR 35-E-6 - 9-77
.IN THE MATTER OF
William Charles Frick
IN THE ORPHANS' COURT OF
Cumberland COUNTY.
An Alleged Incompetent
No.
of 19
COMMONWEALTH OF PENNSYLVANIA,
COUNTY OF ~der
SS. :
.
William Charles Frick
with a prognosis as follows: No change indicated in the .forseeable
.future.
2. On the basis of the foregoing history and
examination, the affiant is of the opinion that 'William Charl~s Frick,
" bec au se 0 f ~~-..,i-nt..,i~~-t...,i-e-s-~-~.Q.. ~- ~.iJ.J...n.e..s.
mental deficiency, ~~.aOO..i~~-~~.., is unable to
manage his property, or is liable to dissipate it or become
the victim of designing persons," and is, therefore, incompetent
under the provisions of the Incompetents' Estates Act of 1955
as amended.
Sworn to and subscribed
before me this . ,':'3,/1 .'( day
u:~, 197J:/
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esychology Servic~ Associate II
of
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IN THE MATTER OF
IN THE ORPHANS' COURT OF
William Charl€~s Frick
Cumberland
COUNTY.
An Alleged Incompetent
No.
of 19
SWORN STATEMENT REQUIRED BY SECTION 331 OF THE INCOMPETENTS'
ESTATES ACT OF 1955 AS AMENDED.
COMMONWEALTH OF PENNSYLVANIA,
ss. :
COUNTY OF Snyder
Michael Cordas, M.D.
, being duly sworn
according to law, deposes and say that
1. He is a regularly licensed, practicing physician
who is employed at the hospital or institution known as
Selinsgrove Center
Penna.
located at SelinserovR,
where on SeptRmhAr 26 , 1918-,
he examined a patient therein, VlZ: (Name)Williarn Charles Frick,
(Age) 66 (Sex)Male .
2. As a result of this examination it lS the opinion
of the affiant that:
A. Said patient is in such physical or mental
condition that he/xk<< is capable of appearing in court
and his/~~~ presence in court will not endanger others
In the court room.
OR
~ Becuase of the physical or mental condition of
said patient, his/~ welfare would not be promoted by
his/k~K presence in Court, and his/~ presence might
endanger others in the court room.
Sworn to and subscribed
before me this ,3 /I( day
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. 1982
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
William Charles Frick
AN ALLEGED INCOMPETENT
OF Cumberland
COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 19
AFFIDAVIT OF SERVICE
John M. Castrignano being duly sworn according to law,
deposes and says that he/~personally served the within
Citation and Petition upon
William Charles Frick
at
SeljLnsgrove Center
on
September 25, JL978
at 2:00
~~./p.m., by reading to
him/~ the contents of the Citation and Petition and leaving
with him/her a copy of said Citation and said Petition.
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SWORN TO AND SUBSCRI~ED
BE1"ORE HE THI$ 3 ~~l( "
DAY OF //('>l~-, 197J~>
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