HomeMy WebLinkAbout11-17-78
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IN THE MATTER OF
Lillian prochaska
An Alleged Incompetent
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION .
493 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 Harrisbur'g State Hospital,
and his successors in office are hereby authorized to receive,
hold, and dispose of the estate of
Lillian Prochaska
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,
v
cc: Edward P. Carey, Esq. (2)
Assistant Attorney General
Richard W. Stewart, Esq.
Spec ial Master
Joseph P. Alexa, Esq.
Guardian ad litem
BOOK 1.05 rAL:: 4iJ
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IN THE MATTER OF
IN THE COURT OF CO~~ON PLEAS OF
Lillian Prochaska
( name)
COUNTY, PENNSYLVANIA
An Alleged Incompetent
ORPHANS' COURT DIVISION
No. 493 Orphans 1978
19
PRELIMINARY ORDER OF COURT
AND NOW, this
13th
day of
September
19~,
upon consideration of the foregoing Petition, it is Ordered that a
to show cause why
Lillian prochaska
she
should
citation be issued, directed to
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_ 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
Lillian Prochaska
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
Lillian Prochaska
the alleged incompetent
regarding this hearing.
At least twenty (20) days written notice of the hearing
shall be given to
Lillian prochaska
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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 iM.~ 4b3
,.
. ,
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
LILLIAN PROCHASKA
(name)
CUMBERLAND
COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
An Alleged Incompetent
NO.
493 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
Lillian Prochaska
, 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
Lillian Prochaska
is so mentally infirm that she
is likely to dissipate or lose her
estate and become the victim of designing persons; and that the Court
further finds that the entire real and personal estate of the said
Lillian Prochaska
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
Lillian Prochaska
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.
.
...
The guardian, within three months after real or personal es-
tate of the incompetE~nt 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.
.-d~h~/' /h/~~,rJ-
Special Master
DATE: Novernber~ . 1978
. IN THE MATI'ER OF
IN THE mURI' OF CDM10N PI..EAS OF
:CUMBERLAND COl.NI'Y, PENNSYLVANIA
LILLIAN PROCHASKA
(narre )
ORPHANS' mURI' DIVISIOO
An Alleged Incarpetent
NO.
19
PETITIOO FOR APPOINIMENI' 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 Harrisburg State Hospital
2. The alleged ina:rrpetent was admitted to the aforesaid
institution on November 9, 1977
3. The alleged ina:rrpetent is domiciled at Cumberland County
Home, R.D.#5, Carlisle, Cumberland County, Pennsylvania
bom on
4. The alleged inc:ompetent is ~ years of age, having been
October 29, 1896
5. The alleged ina:rrpetent' s mili taJ::y status is:
a member of the Armed Forces
never
6. The alleged ina:rrpetent' s marital status is: was marri ed
on unknown, spouse unknown, and is presently a widow
7. Those persons, if any, who are the alleged incx:mpetent' s next
of kin and their relationship to same, of whan your Petitioner has knCMledge
are as follCMs:
Leonard Wiederhoft
27 Creek Roar!
Camp Hi 11, Pa.
Son-in-Law
8. No other Court within this Camonwealth of which Petitioner
has knCMledge has appointed a guardian for the alleged incarpetent.
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MH/~ffi 35-E-l - 9-77
9. The alleged in<Xl!'llpetent has incane consisting of:
(a) Money due from Soci a 1 Security
in the arrount of :$ 107. 00
per month
(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 amonnt of $ 1.076.54
consisting of:
(a)
Money
held by the Guardian Officer of Harrisburg
State Hospital
in the amonnt of $ 1,076.54
as of August 31
, 1978 .
(b) "Vecchione Refund" monies in the arronnt of $ -0-
title to which is in dispute.
(c)
11. The alleged incanpetent has debts outstanding in the amonnt
of $ 358.00 ,~3 of August 31
, 19~, consisting of:
(a) $ 358.00 owing to the Carmonwealth of Pennsylvania
as payment for care and maintenance received fran the period November 9
19-ZZ-, to August 31
, 19~.-, in accordance with 50 P.S. ~~ 4501 and 4504
and regulations promulgated thereunder.
(b) $ -0-
OtJing to the CarIronwealth 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 incarpetent is incapable of handling her
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-
BOCK 105 i ~x= 4t5
MI/fl1R 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 ina::xnpetent, has agreed to act as Guardian if this
Honorable Court shall so appoint. The consent of the pmposed Guardian
to so act is attached hereto and made a part hereof as Exhibit B.
14. If appointed as Guardian,
Joyce Johnston Way
is required to act in conpliance with regulations pranul.gated under Court
Order in 5 Pennsylvania Bulletin 931 et seq. (April 19,1975).
15. In li9ht 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:rrent as Guardian.
WHEREFORE, the Petitioner prays that a citation be issued
directing
Lillian Prochaska
, and those
persons, if any, listed in Paragraph 7 of this Petition, to shav cause,
if any there be, why
she
should not
be declared an inconpetent and a Guardian of the estate appointed, and
why distribution of assets and inc:one 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.
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MH/iMR 35-E-3 - 9-77
BliOK 105 r,~!'_
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CCJ.M:NWEALTH OF PENNSYLVANIA
muNTY OF DAUPHIN
John B. Logan, M.D.
, Peti tianer in this
matter, being duly sworn according to law, do depose and state that
lam
Superintendent
of
Harrisburg State
Hn"ritn 1
and that the facts set
forth in the foregoing Peti tiOll are true and correct to the best of
my knCMledge, infonnation and belief.
L:Y~4~~
swam 'IO AND SUBSCRIBED BEFORE
ME,'IHIS
~ott
mY OF
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UI/HR 35-E-4 - 9-77
.AFFIIlAVIT
cnM>NWEAL'lH OF PENNSYLVANIA
: ss
(x)UNTY OF DAUPHIN
I,
Jacob Stacks, M.D.
, being duly sworn
according to law, depose and say that I am a Psychiatric Physician
in the COImonwealth of Pennsylvania employed at
Hard sburg State
Hnc:pibl
, and I have examined the patient,
Lillian Prochaska
an alleged inc:xmpetent, with care and diligence and based upon said
examination and observations am of the opinion that said patient is
inconpetent to manage hisjher CMI1 affairs for the reasons set forth in the
attached Carrpetency Report, and that the facts and opinions contained
therein are true and correct to the best of my knCMledge, infonnation and
belief.
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~m 'TO AND SUBSCRIBED BEFORE
ME THIS :X 0 tL DAY OF
r\
'J L.-;t-L- , 19 ~f
~. H!lBERT. Notary Public -
My Con:missiOi. Expires Au~ust 17, 1981
fisburg, PA ~, Da p.~ jounty
I- L, ,fl. etJ.t! i- f
Notary Public
,.
EXHIBIT "A"
I~ 35-E-5 - 9-77
cnNSENT OF ProPOSED GUARDIAN
I,
Kenneth L. Dissinger
Guardian Officer
of Harrisburg State Hospital , do hereby certify that I
and TIo/ successors in office are willing to act as Guardian for the
estate of Lillian Prochaska , an alleged incarpetent, if
the court shall so appoint.
Further " I do hereby certify that I am not a fiducicu:y of
any estate in which the alleged incarpetent has an intere..c:;t, nor have
I any interest adverse to the alleged inconpetent.
'Ihe facts and opinions contained herein are true and correct
to the best of IW knowledge, infonnation and belief.
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EXHIBIT "B"
MH/MR 35-E-6 - 9-77
REPORT OF COMPETENCY EXAMINATION
... ...
NAME
pROCHASKA, LILLIAN
INSTITUTION
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) it can 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:
(1) is unable to manage h is 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 hi,s 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
G"Yes
Qves
(2(No
DNo
LJ No
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?
D Competent
BTncompetent
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SIt-NATURE OF REVIEWING PSYpl-tl:A1f'RIST.PSYCHOLOGIST
/'v
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF PUBLIC
SI 533 - 8 . 77
.
" ",
IN THE MATTER OF
IN THE ORPHANS' COURT OF
LILLIAI~ PROCHASKA
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
, 19~, he examined a patient therein,
where on Sept. 26,
viz:
(Name)
LILLIAN PROCHASKA
,
(Age)
84
(Sex)
F
The examination revealed that the above-named patient's condition
has not changed since the examination of December 30, 1977
2.
It is the opinion of the affiant that
L; 11 ; an
Prochaska 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, his/her welfare would not be promoted by his/her
- -
presence in court, and his/~ presence might endanger others
in the court room.
Sworn to and subscribed
before me this //':-day
;/ ~. #-<: ..(( /4 ~
M.D.
_of
Ie(
, 19~.
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1\000r:)~~1o FA
IN THE MATTER OF
LILLIAN PROCHASKA
IN THE COURT OF CO~40N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
AN ALLEGED INCOMPETENT
ORPHANS' COURT DIVISION
NO. 493 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.
~ 0, vkYVruJ
. Y A. HORNER
Sworn to and Subscribed
Before me this 13th day
of OCTOBER , 19~.
tL?7( ) !? ~-?'~~
Notary Public
NDTAr~Y f:;3UC
Ivi j C0MMISS/UN EXPIRES
MA Y 13, 1982
.1;1 T,Hl; Hl\TTER OF
IN THE COURT OF CO~lliON PLEAS OF
COUNTY, PENNSYLVANIA
1.; 11; em Prochaska
(name)
ORPHANS' COURT DIVISION
.No. L/ q ~? [JLf/~~ .
19'/f:_
An Alleged Incompebent
CITJI.'l' ION
TO: LILLIAN PROCHASKA
We 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. h ' h ld t b d' d d' t
a c -----.:.I'1., to s mv cause ,.my you s ou no e a J u ge an l.ncompe en t,
and a guardian appointed for your estate.
and to be heard
citation Returnable khe 12 day of
October
19 78 .
\nT~ESSETH :
The Honorable
Dale F. Shughart
presidenb Judge of said Court, sitting in the Orphans' Court this
13
day of
September
, 19--1.?-
(
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ra
CLERK OF
Ba~
COURT DIVISION
.. --, ...
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
LILLIAN PROCHASKA
AN ALLEGED INCOMPETENT
OF
CUMBERLAND
.
COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 19
AFFIDAVIT OF SERVICE
Dorothy Musico,
being duly sworn according to law,
deposes and says that he/she personally served the within
Citation and Petition upon
Lillian prochaska
at Hrlrri~hllrg Srrlrp Hospit:r11, Harrisbur9, Pa.
on
a.m./~J~J, by reading to
September 25. 1978
at 9: 30
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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SWORN TO AND SUBSC. ~I:F2ED
BEFORE ME! THIS ,;..,It-f'-P) ,
DAY OF yJ;-I)1$17}Ai:A~ , 197,Y:
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NOT Y PUBLIC
NOTARY PUBLIC
My Cern mission E)(pir~s 'un"' ""1':') l'l':Yu
"tJ_ . -' C ~ . , / 7
i ,,~rr:sburg, Pa ["!R'.Jr~>; ~",j .J'dy
REPORT OF COMPETENCY EXAMINATION
~ . ~
NAM,E
PROCHASKA, LILLIAN
INSTITUTION
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) it can 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:
(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
[3Yes
Qy~s
GfNO
DNo
LJNo
The patient/resident is capable of managing h is/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?
o Competent BTncompetent
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SltNATURE OF REVIEWING PSy,cI-t\::A'-tRIST-PSYCHOLOGIST
/,...,
COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC
SI 533 - 8 - 77
..
4 . '(
IN THE MATTER OF
IN THE ORPHANS' COURT OF
LILLIAI~ PROCHASKA
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 Sept. 26,
, 19~, he examined a patient therein,
viz:
(N ame )
LILLIAN PROCHASKA
,
(Age)
84 ,
(Sex)
F
The examination revealed that the above-named patient's condition
has not changed since the examination of December 30, 1977
2. It is the opinion of the affiant that
Prochaska is still incompetent.
Li 11 i an
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, his/her welfare would not be promoted by his/her
- -
presence in court, and his/~ presence might endanger others
in the court room.
Sworn to and subscribed
_of
.)-U,..
/. I day
, 19 78.
;/ ~. ,f/<.~.;4 ~
M.D.
before me this
C ~6--~
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COMr.'ONWEAL TH OF PENNSYLVANIA
DEPARTMENT OF PUBLIC WELFARE
HARRISBURG. PENNSYLVANIA 17120
JAMES R. ADAMS
GENERAL COUNSEL
September 18, 1978
TELEPHONE NUMBER
787.6398
AREA CODE 717
Leonard Wiederhoft
27 Creek Road
Camp Hill, PA 17011
:RE: LILLIAN PRCCHASKA
Dear Mr. Wiederhoft ~
Dr. ~rohn 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.
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.
Sincerely,
'i"rtvr .~j /' (,."'("-
Edward p. care~
Assistant Attorney General
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Attachment
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
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