HomeMy WebLinkAbout09-17-78
:i'.dJ : '-j) o--J . / I, I C?7 f
,
IN THE MATTER OF
Charles Yohe
An Alleged Incompetent
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION .
,
489 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
Kenneth L. Dissinger, Guardian Officer of Harrisburg State Hospital,
hold, and dispose of the estate of
and his successors in office are hereby authorized to receive,
Charles Yohe
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 suffi-
cient bond.
By the c.ourt,
---
cc: Edward P. Carey, Esq. (2)
Assistant Attorney General
Richard W. Stewart, Esq.
Spec ial Master
Joseph P. Alexa, Esq.
Guardian ad litem
BOOK 105 F,.\C~- 44:3
BOCK 105 fAGE 442
Ill""
.:
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
CHARLES YOHE
(name)
CUMBERLAND
COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
An Alleged Incompetent
NO.
19
REPORT AND RECOMMENDATION OF THE
SPECIAL MASTER AND ORDER OF COURT
Upon hearing of the Petition and Citation for Appointment of
a guardian for
Charles Yohe
, proof of notice of
the said hearing to
his
next of kin having been filed, and
Joseph P. Alexa, Esq. appointed as guardian ad
and counsel
litem,/the Special Master, appointed by this Honorable Court to hear
said Petition, finds that the said Charles Yo he
is so mentally infirm that he is likely to dissipate or losehis
estate and become the victim of designing persons; and that the Court
further finds that the entire real and personal estate of the said
Charles Yohe
should be handled by the
Guardian designated herein.
IT IS THEREFORE RECOMMENDED THAT Kenneth 1. Dissinger, guardian
officer, Harrisburg State Hospital
and his/her successors in office
be and are hereby authorized to receive, hold and dispose of the es-
tate of the said
Charles Yohe
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.
The Master specifically finds that the respondent and his next of kin received
sufficient notice of the hearing of the within matter.
. .
.. .
.1
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 statement of such real estate, and a statement of
any real or personal estate which he expects to acquire thereafter.
-~~-~I /}J//4fe~~
Special Master
DATE:
Novpmnpr _3 ,1 q7R
IN THE MAT'IER OF
IN THE COURI' OF <DM1ON PLEAS OF
.
: CUMBERLAND COUNTY, PENNSYLVANIA
Charles Yohe
(nama)
ORPHANS' COURI' DIVISICN
An Alleged Incatpetent
NO.
19
PEI'ITICN FOR APPOINIMEm' OF GUARDIAN
John B. Logan, M.D.
, Superintendent of
The Petition of
Harrisburg State Hospital
, respectfully represents:
1. Your Petitioner has custody of the alleged incanpetent
at Harrisburg State Hospital
2. The alleged incanpetent was admitted to the aforesaid
institution an October 18, 1939
3. The alleged incanpetent is daniciled at
St. Carlisle, Cumberland County, Pennsylvania
162 East Penn
4. The alleged incx::mpetent is ~ years of age, having been
born an October 7, 1919
5. The alleged incanpetent' s mili taI:y status is:
a member of the Armed Forces
never
6. The alleged incanpetent' s marital status is:
never
married
7. Those persons, if any, who are the alleged inc:x:mpetent' s next
of kin and their relatiooship to same, of whan your Petitioner has knCMledge
are as follCMS:
Mrs. Nora Yohe
R.D.#2
Gardners, Pa.
Cumberland County
Mother
8. No other Court within this Camonwealth of which Petitioner
has knCMledge has appointed a guardian for the alleged incarpetent.
MH/~1R 35-E-l - 9-77
::Li~;: 105 d!::. 4:.:;'?
9. The alleged incorrpetent has incane consisting of:
(a) Money due from Social Security
in the amount of $ 113.60 per month
(b) Money due fran
in the arrount of $
(c)
per
10. The alleged incanpetent has assets, real and personal, of
which the Petitioner is aware, in the amount of $ 4,541. 79 consisting of:
(a) Money held by the Guardian Officer of Harri sburg
State Hospital in the amount of $ 3,973.27 as of August 31 , 19~.
(b) "Vecchione Refund" monies in the arrount of $ 568.52 ,
title to which is in dispute.
(c)
11. The alleged incanpetent has debts outstanding in the amount
of $ 2,975.49 , as of August 31 , 19~, consisting of:
(a) $ 2,476.98 owing to the Carrnonwealth of Pennsylvania
as payment for care and maintenance received fran the period Apri 1 5
19-Z.~_-, to August 31 , 192.~_-, in accordance with 50 P.S. SS 4501 and 4504
and regulations promulgated thereunder.
(b) $ 498.51 awing to the Ccmronweal th of Pennsylvania as
payment for care and maintenance rendered between July II, 1974, and
April 4, 1975, which relates to the "Vecchione Refund", title to which is
in dispute.
(c)
12. The alleged incanpetent is incapable of handling his
financial affairs for the reasons set forth in the attached Affidavit
and Carpetency Rep::>rt, prepared by Jacob C. Stacks, M. D.
marked as Exhibit l\ and made a part hereof.
-2-
BOOK 105 PAI~f 438
MI/MR 35-E-2 - 9-77
Joyce Johnston Way
, Guardian Officer at
13.
the aforesaid institution, and his successors in office, having no interest
adverse to the alleged inc:x:npetent, 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, Joyce Johnston Way
is required to act in oonpliance with regulations prcrnulgated 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
appointrrent as Guardian.
WHEREFORE, the Petitioner prays that a citation be issued
directing
Charles Yohe
, and those
persons, if any, listed in paragraph 7 of this Petition, to shOll cause,
if any there be, why
he
should not
be declared an inoonpetent and a Guardian of the estate appointed, and
why distribution of assets and inCUIre as payment of debts listed in
paragraph 11 should not be made. Peti tioner further prays that a guardian
ad Ii tern be appointed to act for the alleged incarpetent regarding such
hearing.
BY:
,-
{' C
, !
-))j
"/' ).;
/
, -.",..
~
.-
\
i
-3-
MH/MR 35-E-3 - 9-77
800I{ 105 P,~Gf 439
C~TH OF PENNSYLVANIA
CDUNTY OF DAUPHIN
John B. Logan, M.D.
, Peti tianer in this
matter, being- duly sworn acrording to law, do depose and state that
lam
Superintendent
of Harrisburg
State Hospital
and that the facts set
forth in the foregoing Peti tiOll are true and rorrect to the best of
my kn<:Mledge, infonnation and belief.
(,.
, "
)
-"~>~/
swam 'IO AND SUBSCRIBED BEFDRE
ME, 'IRIS
,/ /,"
) ,> /t: IlA.Y OF
, "'. ." .:l"-~ <'~)
k,:,.,:...~;,-.:. .
, -'/;' > . "
~. -.
.;,."<' ~",', ,.... ,':;; ,- ~.".." . ~
, ,.- ,f
1 )'
, 9~.
/7
/
'I
'"
.. , . 'v ~
(~\., ~~
'.) ~:~-'<"'( .-:" '~l 'I'
~ ,[.>..' I ,"'", .' . _L :..; '..J
, ,
~ ." .
1".1
r' l' '/ ",; ~
"j
~iI/~fR 35-E-4 - 9-77
eOOK 105 P~GE 440
AFFIn.7WIT
CDMDNWEAL'IH OF PENNSYLVANIA
ss
CDUNTY OF DAUPHIN
I,
v. G. del Rosario, M.D.
, being duly SWOnl
acoording to law, depose and say that I am a Psychiatric Physician
in the COrrm:>nwealth of Pennsylvania errployed at Harrisburg State
Hospita 1
, and I have examined the patient, Charles Yohe
,
an alleged incorrpetent, with care and diligence and based UIX>n said
examination and observations am of the opinion that said patient is
inoorrpetent to manage~er a.vn affairs for the reasons set forth in the
attached Corrpetency Report, and that the facts and opinions oontained
therein are true and oorrect to the best of my knavledge, infonnation and
belief.
,
.,<r/?( f /~., or.
---~.~
SWJm 'ill AND SUBSCRIBED BEFORE
ME THIS
. / / //;
DAY OF
l'/,.L-<< ,,',;,.A--1 , 19 ) :)
~ /-)~~~~~
/' Notazy Public
NCTf;,:rt PUBL!C
r/1~1 r" ~ ...--.,;~ .
. ., ~. -.' ~. -'I
.:S J'
)' 21.
,:"1 u
EXHIBIT "A"
I>1H/MR 35-E-5 - 9-77
. ~
REVIEW FOR COMPETENCY
TO HANDLE PROPERTY AND FINANCIAL AFFAIRS
FACILITY PATIENT/RESIDENT CASE NO.
HARRISBURG STATE HOSPITAL YOHE_,kHARLES 19401
--
., . f h II r- ., "3 - 7?
This IS to In orm you t at on tr
f} A 0 . (date)
ri2-1. f((~....,.Y~ at r;'~ ~ '/2
(name) ~ (time, place)
a review will take place and you will be evalu-
ated by
, in order to determine your ability
to manage your property and financial affairs.
If you do .;'ot 'choose to participate in this review and evaluation, a determination of your competency to manage
your property and financial affairs will be made on the basis of information contained in your clinical record.
Please be advised that if, as a result of this review, you are found to be incompetent, legal action will be taken to
have a court adjudicate you to be incompetent and appoint a guardian to handle your property and financial affairs.
~~ ~ t{~~
OJ'll ED SIGNATURE
1/f/-~/-?7
, DATE
SI 532- "-76
'---
.REPORT OF COMPETENCY EXAMINATION
. .
NAME
CHARLES YO HE
IN1fA1<~TI'S~URG STATE HOSPITAL
EXAMINER
I DATE
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 M R 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 his 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 standards above. Please sign on bottom. If additional space is required, use an attached sheet.
t: Sf ~ J.,f "::4I!t ...s;;....~ihi ~ ~ ~ '8?r-.
~ r ~ au ~~ '- ~~ /a.t<u~t9L~ 7A
rt ~ au~O'~j., 6 ~t:(~~~~ ~ ~ ~ ~~
dy.~~ ~CJ~6.?' ~/L -- @<.d- ~~
h~~ ~~~~ ~-4. ~ZG~~
,I;;;..~ L,..(:; ~ ~ ~ ~"v--.A
CONCLUSION: (Please respond Yes or No)
DYes ka No
~Yes 0 No
~Yes UNo
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
( '.' /
. f/ I' ' c c~ /' ("/ c r'~ .~
COMMONWEALTH OF PENNSYLVANIA
SI 533 - 8 - 77
CDNSENT OF proPOSED GUARDIAN
I,
Kenneth L. Dissinger
Guardi;m Offi cpr
of Harrisburg State Hospital , do hereby certify that I
and rrri successors in office are willing to act as Guardian for the
estate of Charles Yohe , an alleged incarpetent, if
the court shall so appoint.
Further, I do hereby certify that I am not a fiducim:y of
any estate in which the alleged incarpetent has an interest, nor have
I any interest adverse to the alleged incorrpetent.
'lhe facts and opinions rontained herein are true and rorrect
to the best of rrri knCMledge, infonnation and belief.
~4VHP-d;t, g A~~~~
EXRIBIT liB"
MH/MR 35-E-6 - 9-77
.'
IN THE MATTER OF
IN THE ORPHANS' COURT OF
CHARLES YOHE
CUMBERLAND COUNTY.
An Alleged Incompetent
No. of 19
COMMONWEALTH OF PENNSYLVANIA,
ss. :
COUNTY OF CUMBERLAND
;;'.~
#;/
,
being duly sworn
according/ 0 law, deposes and say that
1. He is a regularly licensed, practicing physician
where on
ins ti tu tion kl!/y?z1 /~
&^,'Lr~{; !~~
I~~_~ Cj~c' 9~he examined a patient therein,
viz: (Name) (/("'~~ ~~ (Age) 5(, (Sexl!t1
The examination revealed t at the above-named patient's condition
at
the hospital or
0:Z/ located
specializing
has not changed since the examination of /}2..t.,., :: .>",,", ;,,( :~~ /' 177
2. It is the opinion of the affiant that
~-jf~ is still incompetent.
y.
~~ /'
./ .~. ?€... L.e~./'
3. Said patient is in such physical or mental condition
that he/she is capable of appearing in court and his/her presence
in court will not endanger others in the court room.
OR
6~' Because of the physical or mental condition of
said patient, hi~her welfare would not be promoted by h~/her
presence in court, and his/her presence might endanger others
in the court room.
9f
Sworn to and subscribed
before me this If-j{J;... day
9>e~, ;9~. :
tL~ td
CHAIUS.R.IRO~::""'''' '''' L~
My (ollllmlllOll bpiMI 1)8\lll~in (out,tv
Ih,ridturll. "
;'~~#kj2-'$~.
r./
Cu
v
~
.'
. ,
IN THE MATTER OF
Charles Yohe
AN ALLEGED INCOMPETENT.
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND
COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 19
AFFIDAVIT OF SERVICE
Lawrence J. Decker
being duly sworn according to law,
deposes and says that he/she personally served the within
at
Harrisburg State Hospital
Citation and Petition upon Charles Yohe
on
September 25, 1978
at 1: 30
~~twS/p.m., by reading to
him/her the contents of the Citation and Petition and leaving
with him/her a copy of said Citation and said Petition.
SWORN TO AND SUBSCRIBED
BEFORE ~s (}r":.
DAY OF.. . .:...J;.~ , 192a.
QQ~uQil_ l1J ( ~
NOTARY PUBLIC
?u\lf\t
\\0'11" "o\arv 9&1
("MlltS tl.' . . r.ullUI\ \7, \
. .' b,lIel . '-"'\'1
M~ to",,,,'I,,on \)au,IIm ........
~~!I.I\ \I'"' 1/1\
~~Qjf2~ I/C5u.)