HomeMy WebLinkAbout11-17-78 (2)
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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION .
490 ORPHANS 1978
Jeanette Shope
An Alleged Incompetent
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
8;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,
, ?
MV
D
cc: Edward P. Carey, Esq. (2)
Assistant Attorney General
Richard W. Stewart, Esq.
Spec ial Master
Jos~ph P. Alexa, Esq.
Guardian ad litem
aOOK 105 FACE 4':13
, '
~TH OF PENNSYLVANIA :
mUN'lY OF DAUPHIN
John B. Logan, M.D.
, Peti tianer in this
matter, being duly sworn according to law, do depose and state that
Iam
Superintendent
of
Harrisburg
State Hospital
and that the facts set
forth in the foregoing Peti tiOll are true and correct to the best of
my knowledge, infonnation and belief.
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UI/HR 35-E-4 - 9-77
eoOK 105 F,~C~ 446
rn THE MATI'ER OF
IN THE mURl' OF CDM<K)N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Jeanette Shope
(nane)
ORPHANS' mURl' DIVISICliI
An Alleged Incarpetent
NO.
19
PEI'ITICliI FOR APPOINIMENT 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 inccmpetent was aarni tted to the aforesaid
institution an July 31, 1957
3. The alleged inccmpetent is daniciled at
Shippensburg, Cumberland County, Pennsylvania
Star Route 2,
4. The alleged incx::mpetent is ~ years of age, having been
born an
September 24. 1927
5. The alleged inccmpetent' s military status is:
never
served in the Armed Forces
6. The alleged inccmpetent' s marital status is:
never
married
7. Those persons, if any, who are the alleged incx: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 Camonwealth of which Petitioner
has knCMledc.Je has appointed a guardian for the alleged incarpetent.
lint'" 10 ~ pt'r .144
Vi.'v~ ., .j 1\1.: .~.
MH/HR 35-E-l - 9-77
9. The alleged incarpetent has incane oonsisting of:
(a) Money due from Social Security
in the aIYOllllt of $ 138. 80 per mo n th
(b) Money due fran
in the arrount of $ per
(c)
10. ThE! alleged incanpetent has assets, real and personal, of
which the Petitioner is aware, in the amount of $ 6,453.96 oonsisting 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
ti tie 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 maintenance received fran the period April 5
lo/~, to August 31 , 19lQ.J in acoordance with 50 P.S. ~~ 4501 and 4504
and regulations p:romulgated thereunder.
,
(b) $ 809.31 CMing to the Camonwealth of Pennsylvania as
payment for care and maintenance rendered between July II, 1974, and
April 4, 1975,
in dispute.
which relates to the "Vecchione Refund", title to which is
(c)
12. The alleged inccnpetent 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.
,
-2-
aoor 105 p,~(': 445
MI/MR 35-E-2 - 9-77
. '
~TH OF PENNSYLVANIA :
CDUNTY OF DAUPHIN
John B. Logan, M.D.
, Peti tianer in this
matter, being duly sworn acoording to law, do depose and state that
lam
Superintendent
State Hospital
of Harrisburg
and that the facts set
my knowledge, infonnation and belief.
forth in the foregoing Petition are true and OOTI'ect to the best of
ME, 'IRIS
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1>lH/HR 35-E-4 - 9-77
eoOK 105 F,\CE 446
i1l:PG.. j' OF- COl'vlPETEf\'CY UU\Mll\JA liON
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---------- _._-_._----~-_._----- -- ----------
SHOPE, JEANETTA
INSTITUTION
HARRISBURG STATE HOSPITAL
EXAMINL 1\
iii 1:.5
hi iJ/'f u'l ,)
D/,TE
..2')-)...,
ADDllcSSOCF.ADH PL.t..TF
1i"~STf1UCTIOi"~S: Sc:t fo~:h belOw your G;1i~ion 3S to whether the patient/resident m8ets the legal standards o~ j-,co;TI,letency
Include the n1ed:c~1 and iactualbcs:s for that o,)il1ion. If YOel ha'.'e used a competency worksheet (stde centers ~-,Q j'.1:~ ufoits
o;lly) it can scrVl' JS t:1C faclLJal basis ior your o;~inion. Attach a copy to this form. Under Pennsylv<:<:'lia Ic\\', a pc;s::;:-, mav. be
adjudicatcd Incompetent if he or she,. 3S a result 0: mental illness, menta! retardation, or old age:
(1) is ~Jflab!e to mima;]e his or hcr property; or
(2) is likely to dissi pate that p~opcrty; or
(3) is likely to becomc the victim of designing persons; or
(4) lacks sufficient capacity to make or communicate responsible decisions concerning th" L;se and
management of h is or her entitlements.
Your opinion regarding competence must make reference to at least one of these star,u2rds. Use as ml:ch space 2S needed ar,c
be as detailed as possible. MediCJI basis should refer to both ciagnosis and i,:s manifes~ations. FactuJ! oasis I'efus to c;ucstions
and answers regarding the four standards above. Please sign on bottom. If adcitlona! S;JaC8 is rec;uired, ~sc In attached s~ieet.
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
DYes
Qyes
GJ No
II
LJ No
The patient/resident is capable of managing ilis/her financial 2ffairs.
DNo
The patient/resident is incJpJble of manaoing his/her fi.1Jncial affairs.
(If Yes, respond te the following question.)
If the pati;:?nt/resident IS incapable, is the patient's/resident's inc2;Jability to mG"age nis, :',CI'
financial affairs a product and/or manifestation of his/her menta; retardation, me;lt,,! iiness,
or old age?
o Competent
a~nIt 1l~~ f3Ye'~1V
SIGNATURE OF REVIEWII-.JCiPJ{I){-XX:XXI):
PSYCHOLOGIST
[] Incompetent
(1 .
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SIG~1URE OF APPRO
DEPA RTM E ~JT 0<= PU [) II C '\','E LF ARE
CO"~"'ONWEALTH OF P'::'\':"SYLVANIA
Si [.:'.1 - 7.77
EXHIBIT "B"
MH/MR 35-E-6 - 9-77
..
IN THE MATTER OF
IN THE ORPHANS' COURT OF
JEANETTE SHOPE
CUMBERLAND COUNTY.
An Alleged Incompetent
No. of 19
COMMONWEALTH OF PENNSYLVANIA,
ss. :
COUNTY OF CUt~BERLAND
Joseph J. Fleishman, Ph.D.
, being duly sworn
according to law, deposes and say that
1. He is a regularly licensed or 1 icensable,
practicing psychologist,
who is employed at the hospital or
institution known as The Mental Retardation Center, E-Bldg. W.located
at Harrisburg State Hospital, Maclay and Cameron Streets
, 19~, he examined a patient therein,
where on September 25,
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
2. It is the opinion of the affiant that Jeanette Shope
is still incompetent.
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 cf the physical or mental condition of
said patient, his/~ welfare would not be promoted by his/?er
presence in court, and his/~ presence might endanger others
in the court room.
Sworn to and subscribed
before me this .~t7tc...day
~-
.of ~i~ 'It~~
CMARl H. 8~OW~, NOb~"~
My COlllftltlllOll Ex~ilti AUljust 17, 1981
AIIl't:lblltg, PA D_in (oulIty
~
. D.
.
.
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
JEANETTE SHOPE
AN ALLEGED INCOMPETENT
OF CU~1BERLAND
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
Monday, 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.
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Yiv~ (J. fJ/tt/ ^'
N ' cy A. Rolain / Caseworker
. SWORN TO AND SUBSCRIllED
BEFORE ME.llUS $-v'1t+J
DAY OF ~ ' 192i.
(]jl(/Mt2 2'1 ~~
NOTARY PUBLIC '
1,,'"
t No\~1"f pu:."tt
eN.. Ml.US H. BROWl. -;t 17. \98\
. E "'el Au"u
lAv CommiiiKlR x~" ll....~;n County
RII"i'::U1.. 'A
.
.
IN THE MATTER OF
JEANETTE SHOPE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 490 1978
AN ALLEGED INCOMPETENT
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.
~ a~
, ~ A. HORNER
Sworn to and Subscribed
Before me this 13th day
of OCTOBER , 19 78
~/~~/ IP ~~~~~~-
Notary Public BlIC
NOTARY pU
""..',','.lISS10l! EXPIRE.S
~Ai :,;" i3~
IN THE HATTER OF
IN THE COURT OF COW'10N PLEAS Ot
.
.
COUNTY, PENNSYLVANIA
Jeanette Shope
(name)
ORPHANS' COURT DIVISION
t/ q 0 t)~lhv)
1976'
An Alleged Incompetent
Fo.
CITATION
TO: JEANETTE SHOPE
\'le cOilllUand 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 ~.1., to shmv 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.
~nTNESSETH :
The Honorable
Dale F. Shughart
President Judge of said Court, sitting in the Orphans' Court this
13
day of ___~
September
, 19 78 .
,Rtk~ g~~bL_._
;i1 CLERK OF THE ORPHANS' COURT DIVISION