HomeMy WebLinkAbout11-17-78
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Jeanette Shope
An Alleged Incompetent
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION .
490 ORPHANS 1978
IN THE MATTER OF
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
~ppointed in the above matter, be and is hereby approved, and that
Kenneth L. Dissinger, Guardian Officer of Harrisbur'g State Hospital,
and his successors in office are hereby authorized to receive,
hold, and dispose of the estate of
Jeanette Shope
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,
. 7
D
cc: Edward P. Carey, Esq. (2)
Assistant Attorney General
Richard W. Stewart, Esq.
Spec ial Master
Joseph P. Alexa, Esq.
Guardian ad litem
BOOr. 105 rAGE 4.:13
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
ORPHANS
COUNTY, PENNSYLVANIA
JEAN;e;:rr'E SHOPE
(name)
ORPHANS' COURT DIVISION
An Alleged Incompetent
NO.
490 Orphans, 1978
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
Jeanette~ Shope
, proof of notice of
the said hearing to
her
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
Jean~tte' Shope
is so mentally infirm that
she
her
is likely to dissipate or lose
estate and become the victim of designing persons; and that the Court
further finds that the entire real and personal estate of the said
Jeanette
Shope
should be handled by the
Guardian designated herein.
IT IS THEREFORE RECOMMENDED THAT Kenneth L. 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 Jeanette Shope
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 her next of kin received
sufficient notice of the hearing of the within matter.
..
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c.
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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 statement of such real estate, and a statement of
any real or personal estate which he expects to acquire thereafter.
.~~/ ~ ~~.~~~-t-/-
Special Master
DATE: November '3
1978.
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IN THE MATTER OF
IN THE COURT OF CO~~ON PLEAS OF
Jeanette Shope
(name)
COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
An Alleged Incompetent
No. 490 Orphans 1978
19
PRELIMINARY ORDER OF COURT
AND NOW, this
13
day of
September 1978
19
,
upon consideration of the foregoing Petition, it is Ordered that a
citation be issued, directed to
Jeanette Shope
to show cause why
she
should
not be adjudged an incompetent, and a guardian of
her
estate
appointed; and why distribution of assets and income as payment of debts
listed in paragraph 110f the within Petition should not be made.
Richard w. Stewart, Esquire
is hereby
appointed Special Master for the purposes of conducting a hearing on
said Petition at the institution at which
Jeanette Shope
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.
Joseph P. Alexa. Esquire
is hereby appointed by the court to act as guardian ad litem for
Jeanette Shope
the alleged incompetent
regarding this hearing.
At least twenty (20) days written notice of the hearing
shall be given to
Jeanette Shope
BOOK 1,05 P,~c: 4.i7
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the alleged incompetent, by serving
her
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. Sandra Gobrecht is assigned to take the stenographic
notes of testimony.
BY THE COURT:
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BOOK 105 F~GE 448
rn THE MATI'ER OF
IN THE cx)URl' OF CXM10N PLEAS OF
CUMBERLAND muNTY, PENNSYLVANIA
Jeanette Shope
(nane )
ORPHANS' cx)URI' DIVISlOO
An Alleged Inccnpetent
NO. 19
PEI'ITlOO FOR APPOINIMEm' OF GUARDIAN
The Petition of John B. Logan, M.D.
, Superintendent of
Harrisburg State Hospital
, respectfully represents:
1. Your Petitioner has custody of the alleged incanpetent
Harrisburg State Hospital
at
2. The alleged ina:mpetent was adrni tted to the aforesaid
institution on July 31, 1957
3. The alleged ina:mpetent is daniciled at
Shippensburg, Cumberland County, Pennsylvania
4. The alleged ina::upetent is --2.9- years of age, having been
Star Route 2,
born on
September 24. 1927
5. The alleged ina:mpetent IS mili tal:y status is:
never
served in the Armed Forces
6. The alleged ina:mpetent I S marital status is:
never
married
7. Those persons, if any, who are the alleged ina::mpetent I s next
of kin and their relationship to same, of whan your Petitioner has knCMledge
are as follCMs:
Mrs. Prllll Reed
Star Route 1
Shippensburg, Pa.
Cumberland County
Sister
8. No other Court within this CarIronwealth of which Petitioner
has knCMledge has appointed a guardian for the alleged incanpetent.
BOOK 105 PNI 444
MH/~1R 35-E-l - 9-77
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~TH OF PENNSYLVANIA
mUNTY OF DAUPHIN
John B. Logan, M.D.
I Peti tianer in this
matter I being duly sworn according to lawl do depose and state that
lam
Superintendent
State Hospital
of Harrisburg
and that the facts set
my kncMledgel infonnation and belief.
forth in the foregoing peti tiOll are true and correct to the best of
BED BEFORE
ME1'IHIS
I:l.AY OF
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I>iI/~1R 35-E-4 - 9-77
aOOK 105 Fi\CE 446
AFFIDA.VIT
COMoDNWEAIJIlI OF PmNSYLVANIA
COUNTY OF DAUPHIN
ss
I,
Anne Mohr Brewen, PSA
, being duly sworn
according to law, depose and say that I am a Psychologist
in the COImonwealth of Permsylvania errployed at Harrisburg State
Hospital
, and I have examined the patient, Jeanette Shope
an alleged incxmpetent, with care and diligence and based UI;X>n said
examination and obse:rvations am of the opinion that said patient is
incorrpetent to manage his~ CMl affairs for the reasons set forth in the
attached Competency Report, and that the facts and opinions contained
therein are true and correct to the best of ~ knowledge, infonnation and
belief.
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~m 'ID AND ~~BED BEFORE
hT~
ME THIS DAY OF
, 19.27
My ~mr!\RV PUBUG
'"';;"'. ' "', hl;!!'iY'I]" J.!JN
'1 County
EXHIBIT "A"
I'lli/MR 35-E-5 - 9-77
Hl::Pl.,.. i' ~jF- COMI'ETEf\'CY l::Xi\Mil\JJ-\ liON
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f\T~Ml.--'; --i--. .------
SHOPE, JEANETTA
INSTITUTION
HARRISBURG STATE HOSPITAL
r::1/'TE
q.J'}-)J
f;..oDncSSOGr,/'J.,Pf-~ PL,AT[
EXAMINL II
iii L:5 /J h1 t;:'f ",11:J
1~;STIlUCTIO~;S: S'Ct fo~:h bclo\\' your C';1i~ion ~s to whether the patient/resident m~ets the legal standards 0' i-i:o;TI:.)e~e:1c'l
f I . t J 'orhheet ,'S+-'18 C"'nt~rs -~." ,.p,< U"I+'
Include the mcd:c~1 ami iJctuallJes;s for that Oilinion. I you lil'.'e USCG a compe ene', \,' .~. .c".~, ~,'u .. ","
o:lly) it Ciln serve as tile factual basis lor your oi,inion. Attach a copy to this form. Under Pennsylvania lew, a pe:so,-, mav. be
adjudicated incompetent if he or she, as J result of mental illness, mental retardatior" or oid age:
(1) is unable to manage his or hel' property; or
(2) is likcly to dissipate that p~opcrty; or
(3) is likely to become the victim of designinO persons; or
(4) lacks sufficient cJpacity to make or communicate responsible decisiolls cO:lcc:ning th2 L;SC and
management of his or her entitlements.
Your opinion regarding competence must rr.ake reference to at least one of ~hesc ster,dards. Use as ml:ch sp3ce 25 f'ceded a"c
be as detailed as possible. Medicill biJsis should refer to both ciagnosis and ies manifes:alions. Fac,ua! D2Sis r"fers to c;uestiollS
and answers regarding the four standards above. Please sign on bottom, If adcitlonal s;.lace is rec;uired, ~sc an attilc:leG shee"
Jeanette Shope meets the legal standards of incompetency. Her diagnosis
is 313.9 Severe Mental Retardation, unspecified condition. As a result of
her limited mentality, she is
(1) unable to manage her property
(2) is likely to dissipate that property
(3) is likely to become the victim of designing persons
(4) and lacks sufficient capacity to make or communicate responsible
decisions concerning the use and management of her entitlements.
Jeanette has insufficient comprehension to transact and does not
understand values.
-CONCLUSION: (Please respond Yes or No)
DYes Q No
DYes 0 No
The patient/resident is capable of managing :lis/her financial 2ffairs.
Qyes 0 No
The patient/resident is incilpable of managing his/lwr fi:icricial affairs.
(If Yes, respond to the followinO question.)
If the patient/resident is incapable, is the patient's/resident's incapability w milnage "is.;',,;,'
financial affairs a product and/or manifestiltion of his/her menta; retardation, mental iiness,
oroldage?
[~ Competent
o Incompetent
,,{}{/:i~:trf2, H"D'~T-
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SIGNATURE OF REVIEWING PXIX}OtXX~
PSYCHOLOGIST
COM~.~ONWEALTH OF P:"':,SYLVANIA
DEPARTME~JT 0<= PUBLIC ','<ELFAR'O
S. !:.2J - 7-77
CONSENT OF proPOSED GUARDIAN
I, Kenneth L. Dissinger Guardian Officer
of Harrisburg State Hospital , do hereby certify that I
and ~ successors in office are willing to act as Guardian for the
estate of Jeanette Shope , an alleged incarpetent, if
the Court shall so appoint.
Further" I do hereby certify that I am not a fiduciary of
any estate in which the alleged incorrpetent has an interest, nor have
I any interest adverse to the alleged inconpetent.
'Ibe facts and opinions contained herein are true and correct
to the best of ~ knCMledge, infonnation and belief.
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EXHIBIT "B"
MH/MR 35-E-6 - 9-77
IN THE MATTER OF
IN THE ORPHANS' COURT OF
JEANETTE SHOPE
CUMBERLAND COUNTY.
No. of 19
An Alleged Incompetent
COMMONWEALTH OF PENNSYLVANIA,
COUNTY OF CUt~BERLAND
ss. :
Joseph J. Fleishman, Ph.D.
, being duly sworn
according to law, deposes and say that
1. He is a regularly licensed or licensable,
practicing psychologist, who is employed at the hospital or
insti tution known as The Mental Retardati on Center, E-Bldg. W'located
at Harrisburg State Hospital, Maclay and Cameron Streets
where on September 25, , 19~, he examined a patient therein,
viz: (Name) Jeanette Shope (Age) 51 , (Sex) F
The examination revealed that the above-named patient's condition
has not changed since the examination of September 1977
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
([} Because of the physical or mental condition of
said patient, hisf~ welfare would not be promoted by his/~
presence in court, and his/~ presence might endanger others
in the court room.
Sworn to and subscribed
_of
~
. D.
.
.
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
JEANETTE SHOPE
AN ALLEGED INCOMPETENT
OF CUMBERLAND
COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 19
AFFIDAVIT OF SERVICE
Nancy A. Rolain
being duly sworn according to law,
deposes and says that he/she personally served the within
Citation and Petition upon
Jeanette Shope
at Harrisburg State Hospital, Mental Retardation Center
on
r1onday, 25th of September
at 8: 30
a.m./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 SUBSCRI~D
BEFO RE ME .1:lU S f},rJbt-J
DAY OF ~""-" , 19~.
(]~/Ma 2'/ ~~
NOTARY PUBLIC '
L'.
N \~ry 1'uml(
Cu. .nlES ". BRoWtt c \', 17, l'ta\
., "'I' f. . ~s A~~u
Mv (omm;ssion x~,r ll...:;~;n County
""r;\~ur1, ,.
.
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN THE MATTER OF
JEANETTE SHOPE
AN ALLEGED INCOMPETENT
ORPHANS' COURT DIVISION
NO. 49Q 1978
AFFIDAVIT OF NOTICE
JOYCE A. HORNER
, being duly sworn
according to law, deposes and says that she gave notice
of the hearing scheduled on
October 12, 1978
on the above-captioned matter by sending by Certified Mail,
Return Receipt Requested, a copy of the Court citation and
a letter of explanation from Edward P. Carey, Assistant
Attorney General to all next of kin of the above-captioned
person at the addresses supplied by the institution of
which the alleged incompetent is a resident. A copy of the
Citation and the letter(s) are attached.
~ ..~
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, ~ A. . HORNER
Sworn to and Subscribed
Before me this 13th day
of OCTOBER , 19~.
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Notary Public LtC
NOTARY flUB
.' :;,',NIISSlut! EXPIRES
(/lA i ...", iB3~
IN THE .i:-iATTER OF
IN THE COURT OF COMHON PLEAS Of
.
.
Jeanette Shope
( name)
COUNTY, PENNSYLVANIA
An Alleged Incompetent
ORPHANS' COURT DIVISION
t/ 9 0 t)~v.~
19 ? :f
.No.
CITATION
TO: JEANETTE SHOPE
Ne command you to appear at a hearing in the Orphans' Court
of
Cumberland
, County, to be held at
Harrisburg State Hospital on October 12, 1978 , 19
9:30 a.m.
at ___:..H., to show cause why you should not be adjudged an incompetent,
and a guardian appointed for your estate.
and to be heard
Citation Returnable/the 12 day of
October
19 78.
lnTNESSETH:
The Honorable
Dale F. Shughart
President Judge of said Court, sitting in the Orphans' Court this
13
day of
September
, 19 78 .
,RtL~- &~~kL_f_
-:J.{ CLERK OF THE ORPHANS' COURT DIVISION
-
IN THE MATl'ER OF
IN THE COURI' OF (!)1.M)N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Jeanette Shope
(l1aIne )
ORPHANS' COURl' DIVISICN
An Alleged Inccnpetent
NO.
19
PRl'ITICN FOR APPOINIMENr OF GUARDIAN
The Petition of John B. Logan, M.D.
, superintendent of
Harrisburg State Hospital
, respectfully represents:
1. Your Petitioner has custody of the alleged incarq;>etent
at Harrisburg State Hospital
2. The alleged incx:mpetent was admitted to the aforesaid
institution on July 31, 1957
3. The alleged incx:mpetent is daniciled at
Shippensburg, Cumberland County, Pennsylvania
Star Route 2,
4. The alleged in<X1lIpetent is -2Q.... years of age, having been
born on
September 24. 1927
5. The alleged incx:mpetent' s mili tal:y status is:
never
served in the Armed Forces
6. The alleged inccrrpetent' s marital status is:
never
married
7. Those persons, if any, who are the alleged inconpetent' s next
of kin and their relaticnship to same, of whan your Petitioner has knCMledge
are as follows:
Mrs. Prllll RQ8d
Star Route 1
Shippensburg, Pa.
Cumberland County
Sister
8. No other Court within this Camonwealth of which Petitioner
has knCMledge has appointed a guardian for the alleged inccrrpetent.
eOCK 105 FN~: 444
MH/~m 35-E-l - 9-77
9. The alleged incarpetent has inccme consisting of:
(a) Money due from Social Security
in the arrount of $ 138.80 per month
(b) Money due fran
in the arrount of $ per
(c)
10. The alleged inccmpetent has assets, real and personal, of
which the Petitioner is aware, in the amount of $ 6,453.96 consisting of:
(a} Money held by the Guardian Officer of Harrisburg
State Hospital in the amount of $ 5,530.98 as of August 31 , 19~.
(b) "Vecchione Refund" monies in the arrount of $ 922.98
title to which is in dispute.
(c)
11. The alleged incanpetent has debts outstanding in the amount
of $ 4,845.29, as of August 31 , 19~, consisting of:
(a) $ 4,035.98 owing to the Carrnonwealth of Pennsylvania
as payment for care and maintenanoe reoeived fran the period April 5
1972-, to August 31 , 19~, in accordance with 50 P.S. SS 4501 and 4504
and regulations promulgated therelIDder.
(b) $ 809.31 owing to the Camonwealth of Pennsylvania as
payment for care and maintenanoe rendered between July 11, 1974, and
April 4, 1975,
in dispute.
'which relates to the "Vecchione Refund", title to which is
(c)
12. The alleged inCCITq?etent is incapable of handling her
financial affairs for the reasons set forth in the attached Affidavit
and Competency Report, prepared by Joseph J. Fleishman, Ph. D.
marked as Exhibit A and made a part hereof.
,
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SDor 1,05 P,~i:: 445
MI/MR 35-E-2 - 9-77