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HomeMy WebLinkAbout08-17-79 J-.;J.J : 'j) tJ>). J 7 I J t:? 7 f? ..... . . 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 . ' . 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 . . 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 ~~._,~=L.-,-:;y ..... , (//'\ P",' r.:~=!: 8 . ~ , :"'1 27/ 1 C~. ,:,i Ceii', , 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 , -, . . 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. C' ~I -?7 c ~~$' jl .6,,1.1 (/ ."'tP....... Ji.c..~-:t:xz / ~'#/W- v Cr . ~ ' c /Ie- 7~. fb..- a 1r Ll a~ C-vv.-{2.A-.2- \.. ti- .~.~/l A fJ 1/fJ-~vv--0t (" f? '--r- ;f;-. IL~~~ {l tE1A.A-i..J......2.-- fl ' /! · d' cIc"'h, 6- i'l'~~--Z-o/<- A:/ / j \' :;jJl p~t- 4f:-C?- ~r~-~-Q- I _ ~vu.j~ ;J 1.. I--,C-, A&i..JJ2r..-t-C' ~~~ ,. 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 /) rr /U4,~t:vt- 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, !. ,:1., 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 . . . JAMES R. ADAMS GENERAL COUNSEL Walter Philipson R.D.#l Carlisle, PA 17013 Dear Mr. Philipson: ~~~' ~ ,.... . .~~~~~ ~_ i..I. :g :~ e>..... ""Oi <'>:1: ~o "'..... II: - a~!;~ ~~ ~ ~~ ~ a5 .- '- n3"'U E;::; !'t ...........::: 0 0 nj ~~~ ~5 c~) ~ E C:,L3 ~'t ~ ;; E -~ @ ~ ~ ~ ~ ", ~~ ~~-~;::.. ;.~ ("CJ..c-"OUl';::ro ~~5.S ~~ ~.~ ~<.).~E ~Q;" .!!;: 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 ." o 3 w 00 . 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: ,.. ~ - '" .... .... :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 " - " '--' >- ~~ffil. :::~',;;~ -_.,';:~ <~o~ --4;.~o.." 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