Charles T. Bordley), wherein Agnes F. Bordley "neither admits nor denies" certain seven paragraphs one of which, viz, number 10, refers to Ella Kelley Bordley. This answer is signed by Agnes F. Bordley and Silverberg & Silverberg. 4. In a letter dated July 5, 1952, filed in this case January 26, 1954, from Helena B. Price (the sister of Charles Torrence Bordley) to Mr. Elkridge, an officer of the Safe Deposit & Trust Company, appears the following statement that she (Helena B. Price) "never met his first wife, but I knew the second one and told her he was not free to marry her. I have not heard from the second one since my brother's death." 5. Nevertheless, on January 20, 1954, Agnes F. Bordley, in the presence of Simon Nobel Silverberg, her attorney, testifies before an Examiner in this case as follows: Question by Eben F. Perkins, Esq.: "Mrs. Bordley, the Court records of Baltimore City show that Charles T. Bordley had once been married to Ella Kelley Bordley; did you hear him speak of her?" Answer: "Mr. Perkins, I knew nothing about it until Mr. Silverberg wrote me a letter some time in November 1953 and mentioned her, Ella Kelley Bordley's name." Question by Eben F. Perkins, Esq.: "You had never heard of her?" Answer: "No; indeed not." 6. Therefore, I claim that not only did Agnes F. Bordley testify falsely on January 20, 1954, but her attorney, Simon Nobel Silverberg, Esq., did nothing to correct her statement, in view of the fact that in 1936 he signed the answer of the said Agnes F. Bordley. Therefore, both are guilty of fraud. 7. I also called the above facts to the attention of Eben F. Perkins, Esq., and James A. Latane, Auditor and Master. POINT II 1. The burden has been placed incorrectly on Helen Bertoglio, in not prosecuting her claim promptly, and failing to abide by the order of this Court, fixing February 19, 1955, as the date to complete her proof, unless cause to the contrary is shown by February 14, 1955. 2. Although Douglas N. Sharretts was retained March 31, 1954, he did not answer the letters to him, from Helen Bertoglio in the Summer of 1954. He filed the first paper herein, on November 16, 1954. 3. On January 31, 1955, Helen Bertoglio came from Peekskill, New York, to prove her claim, before an Examiner, herein, but Mr. Sharretts was engaged in the Federal Court, and could not be reached. The matter was postponed to February 4, 1955, but Helen Bertoglio, was then sick, and could not come to Baltimore. 4. On February 7, 1955, Mr. Sharretts, was served with the petition of Simon Nobel Silverberg, Esq., on behalf of Agnes F. Bordley, together with an order of this Court, that proof must be filed, on behalf of Helen Bertoglio, by February 19, 1955, unless cause to the contrary is shown by February 14, 1955. 5. According to the letter of March 17, 1955, from Mr. Sharretts, to Helen Bertoglio, he telephoned her February 21, 1955, to send him money to prosecute the case, when the time limit had already expired February 19, 1955 (time to show cause, expired February 14, 1955). 6. While Mr. Sharretts was retained March 31, 1954, by Helen Bertoglio, when I called at his office during the Summer of 1954, on my own behalf, and on behalf of Helen Bertoglio, I was told first, that he was "travelling," and that his office, did not know where to reach him. Then an associate of his, informed me, that he was in a Sanitarium, in Pennsylvania, recuperating, from a breakdown. I have heard other reasons, for his being away, for months, in the Summer of 1954, from his office. This evidently, was the reason, he did not answer the number of letters sent him by Helen Bertoglio. 7. As to Mr. Sharretts' abandonment of his office practice in the Summer of 1954, or conflicting reasons, for his neglect of his practice, the following may be the cause, and/or results, of his strange nonavailability: A. Notice in Daily Record, August 12, 1954-Dissolution of partnership of Harlan, Sharretts, and Purcell. B. Foreclosure proceeding "Baltimore Federal Savings & Loan Association, v. Douglas N. Sharretts and Helene J. Sharretts, his wife, in re 3720 Elerslie Avenue," Circuit Court 94C 80 1954 C23103. C. "Helene J. Sharretts v. Douglas N. Sharretts, Divorce, Circuit Court #2 63B847 B72252 resulting, in divorce decree, permanent alimony, and transfer of 3720 Elerslie Avenue, to complainant." 8. Unless Helen Bertoglio has her "day in Court," in the instant case, it would be a miscarriage of justice, if some remedy, could not be found. It has been stated "There is no evil in the world without a remedy." And for such other and further relief as would be proper under all the circumstances. CHARLES SHANKROFF (Appearing in person). 1119 N. Calvert Street, Baltimore 2, Maryland. STATE OF MARYLAND, City of Baltimore, to wit: Be It Remembered, That on this 8th day of August 1955, personally appeared before me, the Subscriber, a Notary Public, in and for the said City and State, Charles Shankroff, and acknowledged the foregoing instrument of writing to be his act. SAMUEL RAYMOND, Notary Public. EXHIBIT No. 3 IN THE CIRCUIT COURT NO. 2 OF BALTIMORE CITY CANTON PERMANENT BLDG. ASSN. No. 1 OF BALTIMORE CITY V. ALFRED T. SCHAFFER, ET AL. DOCKET 59C, FOLIO 138, FILE NO. 13215C FILED FEB. 7, 1956 AGREEMENT It is hereby stipulated and agreed this 28th day of June, 1952, by and between Alfred T. Schaffer, and Elizabeth M. Schaffer, his wife, both residing at 4027 Falls Road, Baltimore, Maryland, hereinafter designated as parties of the first part, and Charles Shankroff, residing at 1119 N. Calvert Street, Baltimore, Maryland, hereinafter designated as the party of the second part, that in consideration of One Dollar ($1.00) and other valuable considerations, receipt of which is hereby acknowledged by the parties of the first part, and in consideration of information furnished to the parties of the first part by the party of the second part, whereby Alfred T. Schaffer, party of the first part, is entitled to a fund of approximately $2300.00, with interest if any, the parties of the first part do hereby assign, transfer, and turn over to said Charles Shankroff, party of the second part, one-third of their interest in said fund if same is collected without the necessity of instituting suit. It is further understood and agreed by and between the parties hereto that if litigation shall become necessary to collect said fund, then two-thirds of the cost of said litigation together with counsel fees shall be paid by the parties of the first part and the remaining one-third of said costs shall be born by the party of the second part, providing the attorney of the party of the second part is retained to conduct any and all necessary legal proceedings with regard to said fund. However, if the parties of the first part desire to have their own attorney conduct said litigation if necessary with respect to said fund, then, and in that event, the entire cost of said litigation, including counsel fee shall be born entirely by the parties of the first part without any cost whatsoever to the party of the second part. In the event it is impossible for the said Charles Shankroff to collect the above fund, whether by suit or otherwise, then, in that event, this agreement is void, and the said Charles Shankroff shall have no claim against the said parties of the first part. It is further understood and agreed by and between the parties hereto that in the event the aforesaid fund cannot be collected within the period of three years from the date hereof, then and in that event, this agreement will become null and void unless a legal proceeding is pending. AS WITNESS our hands and seals the day and year above written. ALFRED T. SCHAFFER (L. S.) WITNESS: Mrs. ANNA C. HAINES. (Endorsement) CIRCUIT COURT NO, 2 OF BALTIMORE CITY CANTON PERMANENT BUILDING ASSOCIATION No. 1. v. ALFRED T. SCHAFFER ET AL. ASSIGNMENT Charles Shankroff in person P. O. Box 1003, Baltimore 3, Md. EXHIBIT No. 4 IN THE CIRCUIT COURT NO. 2 OF BALTIMORE CITY Docket 59C, 34, 1950, 13215C CANTON PERMANENT BUILDING ASSOCIATION NO. 1 OF BALTIMORE CITY V. ALFRED T. SCHAFFER and Clara M. SCHAFFER, HIS WIFE To the honorable the JUDGE OF SAID COURT. The Petition of Charles Shankroff, respectfully shows unto Your Honor: That he appears in person, on his own behalf, by reason of an assignment, dated and received, June 28, 1952, and filed herein, February 7, 1956, of a one-third interest in the fund of $2,332.92 herein, from Alfred T. Schaffer, one of the defendants herein, and Elizabeth M. Schaffer, his present wife. The said fund of $2,332.92, arises from the foreclosure of a $2,500.00 mortgage, made by the said Alfred T. Schaffer and Clara M. Schaffer, his wife, covering premises number 1212 N. Curley Street, Baltimore City. (The said Clara M. Schaffer died February 20, 1950.) This action was commenced April 6, 1950. On May 9, 1950, the Trustee appointed to sell, August A. Denhard, sold the said premises, for $5,045.00. The Auditor's report herein, states "To the Mortgagors or their assigns this balance $2,332.92." On or about August 12, 1952, the said Trustee, deposited the said $2,332.92, with John Clarke the Clerk of this Court, who is now the custodian of this fund. There are two claimants to this fund, viz: 1. The said Alfred T. Schaffer. 2. The Park Development Company, Inc., its charter having been forefeited, in 1939, by proclamation, and now by its surviving directors, as Trustees. In answer to interrogatories, verified October 26, 1953, and filed herein, October 27, 1953, the said surviving directors and trustees of the Park Development Company, Inc., state, in part: "***the said Alfred T. Schaffer and Clara M. Schaffer, his wife, were also given an allowance or credit for the transfer to said The Park Development Company, Inc., of property No. 1212 N. Curley Street, said allowance or credit being applied toward the purchase by said Alfred T. Schaffer and Clara M. Schaffer, his wife, of property No. 3031 Fleetwood Avenue." This action was set for trial on the issues, on the 7th of February, 1956. Your Petitioner received notice, on the 4th of February, 1956, that he would be called as a witness for the said surviving directors and trustees, of the Park Development Company, Inc. On the 7th of February, 1956, your Petitioner was informed that the action had been "settled" on the 6th of February, 1956, without notice to your Petitioner and that the trial scheduled for the 7th of February 1956, was off the calendar. Your Petitioner, as assignee of a one-third interest herein, was not a party to this alleged "settlement" of this action. Therefore your Petitioner requests this Court to set a date for a hearing herein, as to why the alleged "settlement" should not be set aside, or at least held in abeyance pending a proper hearing and determination of the issues and equities involved, and that the said John Clarke as Clerk be required to retain the fund of $2,332.92 now in his hands, until further ordered by this Honorable Court. And for such other and further relief as the Court may deem just and proper. CHARLES SHANKROFF (In Person). 1119 N. Calvert Street, Baltimore 2, Maryland. STATE OF MARYLAND, City of Baltimore, to wit: BE IT REMEMBERED, That on this 9th day of February 1956, personally appeared before me the Subscriber, a Notary Public in and for the said City and State, CHARLES SHANKROFF, and acknowledged the foregoing instrument of writing to be his act. ANNE WARFIELD MARTIN, Notary Public. Ordered this 10th day of February 1956, by the Circuit Court No. 2 of Baltimore City, that the defendants and Trustee Directors and Trustees of Park Development Co., Joseph W. Schmidt, Casper W. Keehan, and J. Alban Eagers, show cause within 15 days from this date why the relief prayed in the Petition should not be granted: Provided a copy of the petition together with a copy of this order, be served on defendants and Trustee, Directors and Trustees of Park Development Co., Joseph W. Schmidt, Casper W. Keehan, and J. Alban Eager or their Solicitors of record, on or before 15th day of February 1956. REUBEN OPPENHEIMER, Judge. I hereby certify that a copy of the above Petition and Order of Court was served on Edward Rees, Esq., and I. Duke Avnet, Esq., this 10th day of February 1956. CHARLES SHANKROFF. EXHIBIT No. 6 IN THE CIRCUIT COURT NO. 2 OF BALTIMORE CITY 53 A 234 1944 26490A HENRIETTA JENKINS v. STATE OF MARYLAND, ET AL. ASSIGNMENT AND POWER OF ATTORNEY In consideration of the sum of One Dollar paid to me by Charles Shankroff, of the City of Baltimore, Maryland, and for other good and valuable considerations, particularly for information furnished by Charles Shankroff with respect to a fund or funds or property due me, and to be recovered and of which I had no previous knowledge, I do sell, assign, and transfer to Charles Shankroff, thirtythree and one-third percent (33% %) of my right, title, and interest in the net proceeds of said funds, or property, of Louisa V. Linker, deceased. It is also agreed, that if Charles Shankroff selects the attorney to sue for the recovery of the funds due me that he shall pay thirty-three and one-third percent (33%) of said attorney's fees. If the party of the first part select an attorney, then Charles Shankroff shall not be obligated for attorney's fees. All necessary court costs shall be paid out of the funds to be recovered. And I do hereby : (a) Irrevocably appoint Charles Shankroff my true and lawful attorney, for me, and in my name, place and stead, to demand, sue for and recover any and all monies, or other property, now or hereafter due, owing, and payable to me; (b) Ratify and confirm all that my said attorney, Charles Shankroff, shall lawfully do by virtue hereof; (c) That I shall, and will, at any time, at the request of the said Charles Shankroff, make, execute, and deliver any further instrument or instruments for better and more effectually vesting and confirming all the right, title, interest, property, claims, or demands hereby assigned. In witness whereof, I have hereunto set my hand and seal this 1st day of February 1955. [SEAL] In the presence of Witness: Mrs. FRED R. JACKSON. STATE OF VIRGINIA, AT LARGE, TO WIT: FREDERICK ROBERT JACKSON. I hereby certify that this 1st day of February 1955 there appeared personally before me Frederick R. Jackson who affixed his signature thereto and acknowledged the above to be his own free act and deed, at Harrisonburg, Virginia. In witness whereof I have hereunto subscribed by name and affixed my official seal the day and year above written. — ?. — ?— ?— ?—, Notary Public, State of Virginia at Large. EXHIBIT No. 7 IN THE CIRCUIT COURT NO. 2 OF BALTIMORE CITY 63A 234 1944 26490 A HENRIETTA JENKINS v. STATE OF MARYLAND, ET AL. Objections to the Report of the Master in Chancery To the Honorable the JUDGE OF SAID COURT. Petition of Charles Shankroff respectfully shows unto Your Honor: 1. That he appears, in person, on his own behalf, and on behalf of Frederick Robert Jackson, by reason of an assignment of a % interest, from the said Frederick Robert Jackson; also as amicus curiae; also as a duty to the public, first, on behalf of the Public School System of the City of Baltimore; secondly, as a duty to the Treasury of the United States. 2. The Master in Chancery, Samuel J. Fisher, Esq., in his proposed report of March 30, 1955, has awarded 50 percent of the amount presently held for distribution, to the said Frederick Robert Jackson. 3. The other 50 percent, is awarded to the heirs of Esther Elizabeth Jackson Harrison Curtis, with one exception, viz: that of her husband, Cass Carroll Curtis, who survived her, and was entitled to % of her interest. He died, intestate, without any known heirs. 4. The Master in Chancery, has awarded the interest, due Cass Carroll Curtis, to the other heirs of the said Esther Elizabeth Jackson Harrison Curtis, by reason of a waiver from the City of Baltimore (Ordinarily, his % interest would go to the City of Baltimore, School Fund). 5. Under U. S. Code 38, Section 17, since the said Cass Carroll Curtis was a veteran of the First World War, without any known heirs, the United States Treasury is entitled to this interest. 6. Neither, the City of Baltimore (on behalf of its School Fund), nor the United States Treasury, have the power to waive the funds due them, by operation of law. 7. The Master in Chancery, has recommended a fee of $500.00 to C. Warren Colgan, Esq., the Trustee herein; or more than 33% percent of the net amount to be distributed, after the deduction of the necessary court costs, fees of the Examiner, Master in Chancery, Auditor, and Trustee (the said C. Warren Colgan, Esq.). |