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HomeMy WebLinkAbout11-17-78 .:Lf.J.' YJm>. J 7) J97rg IN THE MATTER OF James R. Mitchell An Alleged Incompetent , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION . 492 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 ~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 James R. Mitchell 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. Special Master Joseph P. Alexa, Esq. Guardian ad litem BOOK 105 fAG': Ai:( ,-) ':,;U~ . ; . -4 . '" IN THE MATTER OF IN THE COURT OF CO~~ON PLEAS OF James R. Mitchell ( name) COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION An Alleged Incompetent No. 492 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 James R. Mitchell to show cause why np 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 11 of 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 James R. Mitchell 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 James R. Mitchell the alleged incompetent regarding this hearing. At least twenty (20) days written notice Of the hearing shall be given to James R. Mitchell Br"GIf tOt::" ". or ",e1 U j\ ;:) r;l,IJt ":::0 " .. A the alleged incompetent, by serving him 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: ~i~ BOOK 105 FACE 462 (f,J. ) "'" IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES R. MITCHELL (name) ORPHANS' COURT DIVISION An Alleged Incompetent NO. 492 Orphans, 1978 19 REPORT AND RECOMMENDATION OF THE SPECIAL MASTER AND ORDER OF COURT Upon hearing of the Petition and Citat~on for Appointment of a guardian for James R. Mitchell , 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 James R. Mitchell 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 James R. Mitchell 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 James R. Mitchell 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. t ) . ' 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. ~J-J /?27~ Special Master DATE: November 3. 1978 . . IN THE MATTER OF IN THE mURr OF CJ::M.m PLEAS OF CUMBERLAND CDUNI'Y, PENNSYLVANIA James R. Mitchell (nane) ORPHANS' mURl' DIVISICN An Alleged Incarpetent NO. 19 PRl'ITICN FOR APPOINlMENI' OF GUARDIAN The Petition of John B. Logan, M.D. , Superintendent of Harrisburq State Hospital , respectfully represents: 1. Your Petitioner has custody of the alleged incanpetent at Harrisburq State Hospital 2. 'Ihe alleged ina::mpetent was admitted to the aforesaid born on September 10. 1907 5. The alleged incanpetent's military status is: never served in the Armed Forces 6. The alleged incanpetent' s marital status is: marri ed to Georqia Cadow on 12/19/1967. but who is deceased as of 1974 7. Those persons, if any, who are the alleged incx:mpetent' s next of kin and their relaticnship to same, of whan your Petitioner has knCMledge are as follCMS: None 8. No other Court within this CamDnwealth of which Petitioner has knCMledge has appointed a guardian for the alleged incarpetent. MH/~IR 35-E-l - 9-77 BOOK 105 F~EE 45'7 9. The alleged incx::rcpetent has incc:rne consisting of: (a) Maney due fram Social Security in the amount of $316.10 per month (b) Money due fran in the arrount of $ (c) per 10. The alleged incaupetent has assets, real and personal, of which the Petitioner is aware, in the amount of $ 9,089.28 consisting of: (a) Money held by the Guardian Officer of Harrisburg State Hospital in the amount of $ 9,089.28 as of August 31 , 1978 . (b) "Vecchione Refund" monies in the arrount of $ -0- title to which is in dispute. (c) 11. The alleged incanpetent has debts outstanding in the amount of $ 7,589.28 , as of August 31 , 19~, consisting of: (a) $ 7,589.28 owing to the Carrnonwealth of Pennsylvania as payment for care and maintenance received fran the period March 3, 19--Z~_-, to August 31 , 19~, in accordance with 50 P.S. SS 4501 and 4504 and regulations promulgated thereunder. (b) $ -0- owing to the CCmronwealth of Pennsylvania as payment for care and maintenance 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 incanpetent is incapable of handling his financial affairs for the reasons set forth in the attached Affidavit and Carpetency Report, prepared by V. G. del Rosario, M. D. marked as Exhibit A and made a part hereof. -2- BOOK 105 FAGE 4~8 MI/ItlR 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 inoarpetent, has agreed to act as Guardian if this Honorable Court shall so appoint. The consent of the proposed Guardian to so act is attached hereto and made a part hereof as Exhibit B. 14. If appointed as Guardian, Joyce Johns ton Way is required to act in oonpliance 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 cx:mpany or other individual willing to accept appointrrent as Guardian. WHEREFORE, the Petitioner prays that a citation be issued directing James R. Mitchell , and those persons, if any, listed in paragraph 7 of this Petition, to show 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 in<::XJIIe 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 incmpetent regarding such hearing. " ( BY: -3- MH/MR 35-E-3 - 9-77 aOCK 105 f;\l~t 459 C<MmWEALTH OF PENNSYLVANIA . . OOUN'IY OF DAUPHIN John B. Logan, M.D. , Peti tianer in this matter, being duly sworn acoording to law, do depose and state that lam 'IJpl'>ri ntl'>ndpnt of Harrisburq State Hospit;!l forth in the foregoing Peti tiOll are true and correct to the best of and that the facts set rqy knowledge, information and belief. ( -' "1:' --':::riMr.r\v, p',:QIIC It, 'to \~Jjll ;.J~. ,'I'" c~~\.'..... ,'J " 27 _~;.-4:..kI ~,~~:~., ~- J l I I~.J ,/ ~:, /""~ . "./rr~"\ \:~ ; .~; J. ~~ rr) BOCK 1,05 fN~~ ::160 Ulft1R 35-E-4 - 9-77 ~VIT <nM)NWEAL'lH OF PENNSYLVANIA ss COUNTY OF DAUPHIN I, V. G. del Rosario. M.D. I being duly sworn Psychiatric Physician Harrisburg State James R. Mitchell acoording to law I depose and say that I am a in the eomronwealth of pennsylvania employed at Hospi ta 1 I and I have examined the patient, an alleged incarpetent, with care and diligence and based upon said examination and observations am of the opinion that said patient is inoonpetent to manage hisjher a.vn affairs for the reasons set forth in the attached Carrpetency Report, and that the facts and opinions oontained therein are true and oorrect to the best of II'!Y knCMledge, infonnation and belief. / ( . ~' .' ' I. / ..1!, / C" ".--.. ...- smm '10 .AND SUBSCRIBED BEFORE ME 'IHIS /( C;/ /;/ rrN:l OF I 19 / J . I r' ~ ,~.- .~~ f, ,. EXHIBIT "A" 1>1H/MR 35-E-5 - 9-77 .~ ,'.... REVIEW FOR COMPETENCY TO HANDLE PROPERTY AND FINANCIAL AFFAIRS .' FACILITY PATIENT/RESIDENT CASE NO. m H LL JAMES 37770 ated by This is to inform you that on 7',; r: '\<:::~""'-_/'_'; ~- .c', -- (name) ;/ ./- '/7 (date) J ........ ./'". ~ .//( j-- /,,. (time, place) a review will take place and you will be evalu- at , 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. -~/. -'" " /UTH 0 R I Z E D~!~NA TV Rl;._-". /'/. //--/7 /' .:::,s/;'- . -..-.-..-.---- DATE SI 532- 11-76 .... . R!.PORT OF COMPETENCY EXAMINATION ..' . . ~1ITCHELL, JAMES ;.:1 C:::LL, r~',~l" '-'L C,.'\M:-' HILL ' :~_, , ,.1:: CAMi !lILL, :"t\. l!.~l S ~: 1 '/-, - (I i -, u ~. <;--1(-U7 l. M : ,,'., 70 NAME '-:-7" INSTITUTION HARRISBURG STATE HOSPITAL . '( ;-B ~'. 1 t. '" EXAMINER I DATE l%iH u ;'f\ ,Ii:. I ;~ ~I. Li 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: ~is unable to manage his or her property; or . _(.2,--is likely to dissipate that property; or r{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. Vour 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. {P/L-X-.a/F~L-~ /?-z-/U~~ (~~-~~~ J..r2,-t-:( _ {!..c~<YI~ C;",,'/-L-z/z 0 f-cd~()~c~ h-t-a I:;' c4&'-tU..L/ /)_j",,~( ~I >/j:,-.:-/.~l-L--H l-r ~ /.,,/. i CONCLUSION: (Please respond Ves or No) Dves ~o [jVes oNO [j~es UNo The patient/resident is capable of managing his/her financial affairs. The patient/resident is incapable of managing his/her financial affairs. (If Ves, 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? D Competent B!"ncompetent i\~4 ~~-, 7?-< , <C)2-P /; I SIGNATURE 0 REVIEWING PSYCHIATRIST-PSYCHOLOGIST SIZ' 'TU1=lE OF APP.R COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF PUBLI WELFARE 51 533 - 8 - 77 ." . . cnNSENT OF ProPOSED GUARDIAN I, Kenneth L. Dissinger Guardian Officer of Harrisburg State Hospital , do hereby certify that I and my successors in office are willing to act as Guardian for the estate of James R. Mitchell , 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 inc:onpetent has an interest, nor have I any interest adverse to the alleged inaJITpetent. 'Ihe facts and opinions contained herein are true and correct to the best of my knCMledge, infonnation and belief. ~/ ,jl a - ; ly/WnAi-PZ '. ;1., y -' AG~ EXHIBIT "B" MH/MR 35-E-6 - 9-77 . . IN THE MATTER OF IN THE ORPHANS' COURT OF JAMES R. MITCHELL CUMBERLAND COUNTY. An Alleged Incompetent No. of 19 COMMONWEALTH OF PENNSYLVANIA, ss. : COUNTY OF CUMBERLAND V. G. del Rosario, M.D. , being duly sworn according to law, deposes and say that 1. He is a regularly licensed, practicing physician specializing in psychiatry, who is employed at the hospital or institution known as Harrisburg State Hospital located at Cameron & Maclay Streets, Harrisburg, Pa. 17105 where on September 26" 19~, he examined a patient therein, viz: (Name) JAMES R. MITCHELL (Age) 71 , (Sex) M The examination revealed that the above-named patient's condition has not changed since the examination of April 7, 1977 2. It is the opinion of the affiant that James R. Mitchell 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 of the physical or mental condition of said patient, ~/her welfare would not be promoted by his/her - presence in court, and ~/her presence might endanger others in the court room. Sworn to and subscribed .of before me this 8-70;:::: day V-?i~ // (. ,.' / V _ 7 "'~<-f/c::.:'-;-~ M.D. CHUlES H. Bp.Cwrt tk~!:v ~~lib!ic My Com",i,I'~n Ex,lirCI AUlj~"t II, 1'i91 II '~PA 1).u~hin (.)""11 4frls",ur,;, IN THE MATTER OF IN THE COURT OF COMMON PLEAS JAMES R. MITCHELL AN ALLEGED INCOMPETENT OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 19 AFFIDAVIT OF SERVICE Lynn K. Green, being duly sworn according to law, deposes and says that he/she personally served the within Citation and Petition upon James R. Mitchell at Harrisburg State Hospital, Harrisburg, Pa. on September 25, 1978 at 10:50 a.m./p~., 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. ~J / "; _ I ~/~--<!!it-<-'4>~ ~.~ SWORN TO AND SUBSCRIBED BEFORE MF;{ THIS to ,~1-fi1 DAY OF / L 1.j!I.i n, ii-Uu, 19 2! {" . ' ' So~~JIULi~~ ;< X L-LjV?~ C NOTARY PUBLIC My Commission Expires Juno 2'5. 1979 iHarrisburg, Pit. L).'luphitl .CQunty f' r Co... .,' ,.",.. ,v ~_ A ,~ - H :) F ~ E- '" '" S y "V A ~ A )A-"'21 Rr...."l_71 TO BE ':O:.\PLETiD BY AGENCY: PUBLICATIONS AUTHORIZATION AND INVOICE TO NOr1e ofld Addres~ of Newspaper) Evening Sentinel 457 E. North Street Carlisle, PA 17013 FROM, (Name and Addre" of Agency) Edward P. Carey, Asst. Atty. General Dept of Public Welfare Room 323, Health & Welfare Bldg. Harrisburg, PA 17120 Herewith is enclosed copy for publication of advertisement for proposals to. D Employ D Purchase D Contract [] Sell Pubh.h Advertisenient (No of Times) Maxi mum No. Lines Date Three Dates of Insert;on Sept 22, 29, and October 6, 1978 You, as vendor, are authorlled to publish this advertisement In your newspop~r, sublect 0 the terms 01 this order, I lollows Advertisement to be published In regular aavertlslng columns, no position specified; caplton 01 two lines and slgnatu to be In capitals and sublect matter and title 01 officer to be setsolld In type legularly used by your newspaper for publiC [leqc notice aavertlsl~ chorge to be mode ot the rote charged to and pa,a by commercial advertisers lor matter Similarly set or occupy,ng slr1ilar space; advertisement to be run In all your editions as specified above Vendor agrees that, In the perlormanl 01 any contract awarded to it hereunder. SOlei vendor will not discrl mlnate against any employe or othel persons on account I race. color, sex, religiOUS creed, ancestry, age or notional origin ana that the Commonwealth, upon receipt of satislactory eVlaen, 01 such d'scrlmmalton shall have the right to cancel said contract Return thiS copy at once II you Will not accept thiS advertisement under the terms set forth. II published, the original and two caples must be signed by the editor or publisher. The original must be notarrzed The fourth copy I yours. Commonwealth to be brlled only lor actual number of printed lines published. COST PPB F U "40 DEPT APP YE AR LEOS ORG CENTER OBJ SUB ELEM AMOUNT CATG I TO BE COMPLETED BY PUBLISHER: I MPORT ANT Charge for Publ,cat,on of Advert'Slng as per Authori zation DA TE OF INSERTION ACTUAL NO OF PRINTED LINES PER LINE TOTAL AMOUNT 1st Ad 9/22/78 17 2nd Ad 9/29/78 17 3rd Ad 10/6/78 .35 .35 · 35 ~l;5.95 5.95 5.95 PAl Commonwealth of Pennsylvania I County 01 Cumberland Belore me, the subscrtber, a Notary F who being duly sworn, doth depose and say tho' the ?vp.n i n,7 Sp.nt j np.1 .' that the adverlisement, 01 which copy IS attached hereto, was published In the regular advertising columns of said newspaper, I all editions 01 said newspaper, In all respects as ordered and Invoiced above; and that the Commonwealth IS not charged therefc at 0 rate higher than IS charged any ordinary commercial advertiser for a Similar amount 01 matter occupYing Similar space an set In a Similar manner, In said newspaper. Plus Proof TOTAL 3.50 ,~21. 35 Edward P. Carey, Esquire Assistant Attorney General Department olPublic Welfare Office 01 Legal Counsel I Room 323, Health & Welfare Bldg, persona II y Harrisburg, PA 17120 a general newspaper published came Jamie f1orrison at Carlisle before me this 18th 19 78 \ '~)C:>S\~ 'J\\ \(''l')\'-;'-A-,\(\\~ BONNIE J, BARDELl, Notary Public Notary Publ ic ' er an 0" a. My Commission Expires July 19, 1982 My commission expires . Th" aff,davlt mu,t be made by the Owner. Publisher, or the designated agent of the owner or publISher. Signature of Affiant 1. TREASURY c (_' ,. '.' ~ 'i ',\' f_ A ... ~..... J F C~ E ..... .... 5' .' A N A. o A - ~2' R t \"'1__ 7 t PUBLICATIONS AUTHORIZATION AND INVOICE TO BE ':O"-\PLET~D BY AGENCY: TO Nome and A.ddre)~ of Newspaper) Cumberland Law Journal James R. Humer, Esquire Farmers Trust Building Carlisle, PA 17013 FROM, (Name..,nd Address of Agency) Edwara P. Carey, Asst. Atty. General Dept of PUblic Welfare Room 323, Health & Welfare Bldg. Harrisburg, PA 17120 O :1 0 [J Employ L- Purchase Contract Sell Publish Advertisement (No of Times) Maximum No. Lines Herewith is enclosed copy for publication of advertisement for proposals to: Dote Three Dales ot Inserl,on Sept 18, 1978 Sept 22, 29, and October 6, 1978 You, os vendor, are authorized to publish this advertisement In your newspaper, sublect to t e terms of this order, as follows Advertisement to be published In regular advertising columns, no position specified; captio of two lines and signature to be In capitals and sublect matter and title of officer to be set solid In type regularly used by your newsraper for public (Ieqal) notice advertlsl~ charGe to be mode at the rate chorged to and paid by commercial advertisers for matter Similarly set and occupy,ng slr';i1ar space; advertisement to be run In 011 your editions as speCified above Vendor agrees that, In the performance of any contract awarded to It hereunder, SOlei vendor will not discrl mlnate against any employe or othel persons on account of I ace color, sex, religiOUS creed, ancestry, age or notional Origin and that the Commonwealth, upon receipt of satisfactory evidence of such discrimination sholl hove the right to cancel sOld contract. Return th,s copy at once If you will not accept this advertrsement under the terms set forth. If published, the original and two copies must be Signed by the editor or publisher. The original must be notarized. The fourth copy IS yours. Commonwealth to be brlled only for actual number of printed lines published. COST PPB F U NO DEPT APP YEAR LEOG ORG CENTER OBJ SUB ELEM AMOUNT CA TG . . TO BE COMPLETED BY PUBLISHER: DATE OF INSERTION IMPORTANT Charge for Publicallon of AdvertiSing as per Authorization 1S1 Ad 2nd Ad 3rd Ad Commonwealth of Pennsylvania County of Cumberland Before me, the subscriber, 0 Not who being duly sworn, doth depose and sa~ the Cumberland Law Journal that the advertisement, of which copy is a all editions of said newspaper, In all respe at a rate higher than IS charged any ordi set In a similar manner, In said newspaper. Sworn and subscribed before me If October, ACTUAL NO. OF PRINTED LINES PER LINE TOTAL AMOUNT TOTAL NOTICE Notice is hereby given that a Petition for the Appointment of a Guardian for JAMES R. MITCHELL has been filed with the Clerk of Or- phans' Court, Cumberland County. A hearing on this petition has been scheduled by Judge Shughart at Har- risburg State Hospital, Harrisburg, Pennsylvania, in the presence of Rich- ard W. Stewart, Esquire, Master, on October 12, 1978, at 9:30 A.M. EDWARD P. CAREY, ESQ. Assistant Attorney General Department of Public Welfare Office of Legal Counsel Room 323, Health & Welfare Bldg. Harrisburg, P A 17120 9-29, 10-6 James R. Humer onally came ,Iished at Carlisle, Pennsylvania, 'egulor advertising columns of said newspaper, In nd that the Commonwealth IS not charged therefor or amount of matter occupYing simrlor space and /<<~ , , Signature of Affiant M . ... c~"';"., bph" "'i ". "" \ I Y comml Ion expires Cl1tIhle. itA (u..I~.r1.'ld Cuw.l1 ' . ThIS aff,dovlt must be made by the Owner, Publisher, or the designoted agent of the owner or publisher 1. TREASURY.