HomeMy WebLinkAbout08-17-79
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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION .
491 ORPHANS 1978
Van fhi1i~son . ,
An A lege 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
~ppointed in the above matter, be and is hereby approved, and that
Kenneth L. Dissinger, Guardian Officer of Harrisburg State Hospital,
and his successors in office are hereby authorized to receive,
hold, and dispose of the estate of
Van Philipson
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,
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
80m; 105 fi\CE ll[)5
..
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
Van Philipson
(name)
COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
An Alleged Incompetent
No. 491 Orphans 1978
19
PRELIMINARY ORDER OF COURT
AND NOW, this
13th
day of
September 1978
19_,
upon consideration of the foregoing Petition, it is Ordered that a
citation be issued, directed to
Van Philipson
to show cause why
he
should
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"
of the within Petiti.on should not be made.
Richard w. Stewart, Esquire is hereby
appointed Special Master for the pvrposes of conducting a hearing on
said Petition at the institution at which
Van Phi1i.pson
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.A1exa, Esquire
is hereby appointed by the court to act as guardian ad litem for
Van Philipson
regarding this hearing.
the alleged incompetent
At least twenty (20) days written notice of the hearing
shall be given to
Van Philipson
BOOK 105 PM:[ 454
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the alleged incompetent, by serving
h;m
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:
J.
10- F'- fit5
BOOK ;) AL~ ':iv.
..
.
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
Van Philipson
(name)
Cumberland
COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
An Alleged Incompetent
NO. 491 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 Van Philipson , 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
Van Philipson
is so mentally infirm that
he
is likely to dissipate or lose 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
Van Philipson
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
Van Philipson
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.
.
.
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.
/~~/JV~'
Special Master
DATE:
November~ ' 1978
.
IN THE MATlER OF
IN THE COURI' OF Q)Mw1()N PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Van Phil i pson
(nane)
ORPHANS' COURI' DIVISlrn
An Alleged Incarpetent
NO.
19
PEl'ITlrn FOR APPOINIMENl' OF GUARDIAN
The Petition of
John B. LOQan. M.D.
, Superintendent of
HarrisburQ State Hospital
, respectfully represents:
1. Your Petitioner has custody of the alleged incanpetent
at Harrisburq State Hospital
2. The alleged incanpetent was admitted to the aforesaid
institution on February 5. 1964
3. The alleged incanpetent is daniciled at
R.D.#I.
Carlisle. Cumberland County. Pennsylvania
4. The alleged incx:::npetent is .:J.L years of age, having been
born on
AUQust 29. 1946
5. The alleged inccmpetent' s mili taxy status is:
never
a member of the Armed Forces
6. The alleged inccmpetent' s marital status is:
never
married
7. Those persons, if any, who are the alleged ina:mpetent' s next
of kin and their relationship to same, of whan your Petitioner has knowledge
are as follows:
Walter Philipson
R.D.#1
Carlisle. Pa.
Cumberland County
Fa ther
8. No other Court within this Ccnnonwealth of which Petitioner
has knowledge has appointed a guardian for the alleged incarpetent.
BOOK 1.05 fACE 450
MH/~1R 35-E-l - 9-77
9. The alleged incc:npetent has incane oonsisting of:
(a) Maney due fram Social Security
in the amount of $ 172.20 per month
(b) M:mey due fran
in the anount of $
(c)
per
10. The alleged incanpetent has assets, real and personal, of
which the Petitioner is aware, in the amount of $ 7,064.11 oonsisting of:
(a) Money held by the Guardian Officer of HarriSburg
State Hospital in the amount of $ 7,064.11 as of August 31 , 1978 .
(b) ''Vecchione Refund" monies in the anount of $ -0-
title to which is in dispute.
(c)
11. The alleged incanpetent has debts outstanding in the amount
of $ 5,564.11, as of August 31 , 19~, consisting of:
(a) $ 5.564.11 owing to the Ccmnonwealth of Pennsylvania
as payment for care and maintenance received fran the period Apri 1 5
19~, to August 31 , 19.BL, in acoordance with 50 P.S. SS 4501 and 4504
and regulations prcmulgated thereunder.
(b) $ -0- owing to the Camonwealth 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.
(c)
12. The alleged inc:arpetent is incapable of handling his
financial affairs for the reasons set forth in the attached Affidavit
and Carpetency Report, prepared by John B. Logan, M. D.
marked as Exhibit A and made a part hereof.
,
-2-
BOOK 105 PAGE 451
MI/lIIR 35-E-2 - 9-77
13. Joyce Johnston Way , Guardian Officer at
the aforesaid institution, and his successors in office, having no interest
adverse to the alleged incarpetent, 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 Wa
is required to act in cxmpliance with regulations pranulgated 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 corrpany or other individual willing to accept
appoint:rralt as Guardian.
WHEREFDRE, the Petitioner prays that a citation be issued
directing Van Philipson , and those
persons, if any, listed in paragraph 7 of this Petition, to ShCM cause,
if any there be, why he should not
be declared an incx:mpetent and a Guardian of the estate appointed, and
why distribution of assets and in<:x:>rre 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.
-3-
BOOK 105 fACE 45,2
MH/MR 35-E-3 - 9-77
C~TH OF PENNSYLVANIA
.
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CDUNTY OF
DAUPHIN
John B. LOQan. M.D.
I Peti tianer in this
matter I being duly SWOn1 aCCXJrding to law I do depose and state that
lam
Supflri n tF.ndent
of HarrisburQ
and that the facts set
Statfl Hospital
forth in the foregoing Petition are true and correct to the best of
IT!Y kr1cMledge I infonnation and belief.
smm 'ID AND SUBSCRIBED BEroRE
/c/ // mY OF
,
ME I 'IHfS
, 19,)/.
~~^I~'. :::~ J
lQ79
C'_',1.."n'v
eoOK 105 FACe 453
~~1R 35-E-4 - 9-77
I
AF'E':rmVIT
<:D1<<:>NWE:ALm OF PmNSYL'W\NIA
.
.
mUNTY OF
DAUPHIN
ss
I,
Aurelio Moscoso. M.D.
, being duly sworn
in the Cbullunwealth of Pennsylvania errployed at
according to law, depose and say that I am a Psychiatric Physician
Hospital
, and I have examined the patient,
Harrisburg State
Van Philipson
,
an alleged inc:arpetent, with care and diligence and based upon said
examination and observations am of the opinion that said patient is
inc:onpetent to manage his/her CMI1 affairs for the reasons set forth in the
attached Canpetency Report, and that the facts and opinions oontained
therein are true and oon'ect to the best of ~ knCMledge, infonnation and
belief.
;;;~~C i~
L) _ C,I" '1- ( 'V r
j/ ?~-Z c-e ;>--t:r- ?/VI.-C1
I
SWJm 'lD AND SUBSCRIBED BEFDRE
ME '!HIS
// //>; DAY OF
, lOcI
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EXHIDIT "A"
I'fl;MR 3S-E-S - 9-77
cnNSENT OF ProPOSED GUARDIAN
I, Kenneth L. Dissinger GuardiAn Officer
of Harrisburg State Hospital , do hereby certify that I
and nw successors in office are willing to act as Guardian for the
estate of Van Philipson , 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 incarpetent has an intere..c:;t, nor have
I any interest adverse to the alleged inc::arpetent.
'!he facts and opinions oontained herein are true and oorrect
to the best of nw knCMledge, infonnation and belief.
.7f:'~~~
EXHIBIT "B"
~ 35-E-6 - 9-77
, -,
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REVIEW FOR COMPETENCY
TO HANDLE PROPERTY AND FINANCIAL AFFAIRS
FACILITY PATIENT/RESIDENT CASE NO.
HARRISBURG STATE HOSPITAL PHILIPSON, VAN 32250
ated by
This is to inform you that on
I({f //h?'f I~~~
(name)
/1j;'1/17
I I (date) ,/ ,
at (1 I /!c!'/'; E"
(time, p~ I
a review will take place and you will be evalu-
/' ./ n, ,in order to determine your ability
to manage your property and financial affairs.
If you do not 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.
C -' /
/)} ?;;)) {wAl?, (; /(,/-
AUTHORIZED SIGNATURE
//-/(' - 77
DATE
SI 532- 11-76
.'
....
-
-: R.EPORT OF COMPETENCY EXAMfNATrON
NAME
PHILIPSON, VAN
INSTITUTION
HARRISBURG 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) itcan 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:
V(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.
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CONCLUSION: (Please respond Yes or No)
DYes
&es
/<'"
(BYes
[~r~o
DNo
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?
SIGNATURE OF REVIEWING PSYCHIATRIST-PSYCHOLOGIST
o Competent CE::J;ncompetent
(; C;~~>C~ ~ ,x I
SI 533 .. 8 .. 77
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COMMONWEALTH OF PENNSYLVANIA
. ..
-
. . IN THE MATTER OF
VAN PHILIPSON
IN THE ORPHANS' COURT OF
CUMBERLAND COUNTY.
An Alleged Incompetent
No.
of 19
COMMONWEALTH OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
55. :
. .. .
with a prognosis as follows:
Guarded
2. On the basis of the foregoing history and
examination, the affiant is of the opinion that
"because of mental infirmities of old age; mental illness,
he
,
mental deficiency, drug addiction or inebriety, is unable to
manage his property, or is liable to dissipate it or become
the victim of designing persons," and is, therefore, incompetent.
· ~ 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
3. Because of the physical or mental condition of
said patient, his/her welfare would not be promoted by his/her
presence in court, and his/her presence might endanger others
in the court room.
Sworn to and subscribed
before me this _LIlA day
of tf~i...g<t..J
JOANN A. HILI!ERT. Notary Pl1hl;(
My Commission Expires J\uguH 17. 1981
Harrisburg. PA /1'. ~hJ ''17Y.. ../--
~~J/.;t. i^:!1_/!.C'-! L4
1';(/
, 19ti...
M.D.
-2-
-
II
~
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
VAN PHI LI PSON
AN ALLEGED INCOMPETENT
OF CUMBERLAND
COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 19
AFFIDAVIT OF SERVICE
I, Eleanor A. Sowa
being duly sworn according to law,
deposes and says that he/she personally served the within
Citation and Petition upon
Van Philipson
at Harrisburg State Hospital, Psychiatric Treatment Center. Y-3
on
September 22, 1978
at 1 : 00
XcltXJl1(. /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.
(""h ." C
C-x "- ~ ^'). - ~l
G- 1,
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1" -c..).--:,(1._
SWORN TO AND SUBSCRI ED
BEFORE ME THIS .-'
DAY OF " " 19 YJ!
,~'l' f# .-} /<- .if
(; ,. - (di, )-. ~ i-.d,AJ. ()
NOT Y PUBLIC I
NOTARY PUBLIC
My Commission Expires June 25, 1979
Harrisburg, Pa. "Dlluphin County
-
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VAN, PHILIPSON
AN ALLEGED INCOMPETENT
ORPHANS' COURT DIVISION
NO. 491 19 78
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.
(:w o.~
/ E A. HORNER
L/
Sworn to and Subscribed
Before me this 13th day
of OCTOBER , 19~.
d!rJ 12 ~pZ;;:~~"
Notary Public
NOTARY PUBLIC
v...:'!IMISSI N EXPIRES
i'/IA ~ 1:;, lij...Z
.
IN THE COURT OF COMMON PLEAS C?
COUNTY, PENNSYLVANIA
.
IN THE HATTER OF
Van Philipson
(name)
ORPHANS' COURT DIVISION
Lj 9 I f)/\{2jL~
19?8
An Alleged Incompetent
J'Io.
CITATION
TO: VAN PHILIPSON
We command you to appear at a hearing in the Or,phans' Court
of
Cumberland
, County, to be held at
Harrisburg State Hospital on October 12, 1978 , 19_
9 : ] 0 a. m.
at ~., 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 .
WITNESSETH:
The Honorable
Dale F. Shughart
President Judge of said Court, sitting in the Orphans' Court this
13
day of
September
, 19Z1L.
\' 'p(lJJ-<~ {1 J1L
~'7 CLERK OF THE ORPHANS' .kOURT DIVISION
t
1
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.
.
JAMES R. ADAMS
GENERAL COUNSEL
Walter Philipson
R.D.#l
Carlisle, PA 17013
Dear Mr. Philipson:
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TELEPHONE NUMBER
7B7.6398
AREA CODE 717
Dr. John B. Logan, Superintendent of Harrisburg
State Hospital, has petitioned Judge Dale Shughart of
Cumberland County Orphans' Court to declare the above listed
patient incompetent and to appoint Ken Dissinger, Guardian
Officer at Harrisburg, guardian of his/her estate. Although
your relative has been a resident at Harrisburg for some time,
without an adjudication of incompentency, such an adjudication
is now necessary because a Federal Judge has decided that a
Pennsylvania State Employee may not fulfill the role of
guardian without an official court adjudication of
incompetency.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF PUBLIC WELFARE
HARRISBURG, PENNSYLVANIA 17120
September 18, 1978
RE: VAN PHILIPSCN
A hearing on Dr. Logan's petition has been set
for Thursday, October 12, 1978, at Harrisburg State Hospital
at 9:30 a.m., with Richard W. Stewart, Esquire, Master. Unless
you have some objection to the appointment of Mr. Dissinger as
guardian you need not attend the hearing. I have, nevertheless,
attached a copy of the Court's Citation which has been served
on your relative. If you do intend to be present please give
me a call at the above number. Also, if you have any questions
about this matter please feel free to call me.
EPC: j h
Attachment
Sincerely,
r,L""h--..., ( (J Cl'd'-'-\
Edward P. Carey
Assistant Attorney General
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
"'ll
en
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. SENDER: Complete items 1.2. Jnd i. .
Add your address in the "RE11JRN TO" space on
reverse .
]. ThejPl-l'owing service is requested (check one) .
ffShow to whom and date deli~ed. .. .. .. .. .__~
D Show to whom, date, and addr~of delivery. ._~
D RESTRICTED DELIVERY
Show to whom and date delivered. . . . . . . . . ._~
D RESTRICTED DELIVERY.
Show to whom, date, and address of delivery $_
(CONSULT POSTMASTER FOR FEE~)
10/12 Philipson :'.
2. AR ,lClE ADDRESSED TO:
,..
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:Ill
~ Walter Philipson
~ R.D.#l
~ Carlisle, PA 17013
g 3. ARTICLE DESCRIPTION: '1:]
fI REGISTERED NO. I CERTIFIED NO. I INSURED NO.
741857 ..
(Always obtain signature of addressee or agent)
I have received the article described a~'
SIGNATURE 0 Addressee ~thoriz('d agent
S. ADDRESS (Complete only if requested)
6. UNABLE TO DELIVER BECAUSE:
CLERK'S
INITIALS
"* GPO , 19n-G-234-337
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