HomeMy WebLinkAbout11-17-78
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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION .
494 ORPHANS 1978
JoseEh A. Crouse ..,
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
~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
.Tospph A _ Crouse
,
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
to Joseph P. Alexa, Esquire,
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 fACE 4:'7
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IN THE MATTER OF
IN TH~ COURT OF COMMON PLEAS OF
Joseph A. Crouse
(name)
COUNTY, PENNSYLVANIA
An Alleged ~ncompetent
QRPHANS' COURT D):VISION
NO. 494 Orphans 1978
19
PRELIM~NARY ORPER O~ COURT
AND NOW, this
13
day of
Sep.tem~e:r 1978
19
,
upon consider~tion of the foregoing Petition, it is Ordered that a
citation be issued, directed to
Joseph A. Crouse
to show cause why
h,~
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
Joseph A. Crouse
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
Joseph A. Crouse
the alleged incompetent
regarding this hearing.
At least twenty (20) days written notice of the hearing
shall be given to
Joseph A. Crouse
BOCK 105 p,\c: .r.},5
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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:
BOOK 105 ff\CE .1:,6
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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
JOSEPH A. CROUSE
(name)
cmmE~D COUNTY, PENNSYLVANIA
ORPHANS' CbURT DIVISION
An Alleged Incompetent
NO.494 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
Joseph A. Crouse
, proof of notice of
the said hearing to
his
next of kin having been filed, and
Joseph P. Alexa, Esquire appoihted as guardian ad
and counsel
litem,/the Special Master, appointed by this Honorable Cburt to hear
said Petition, finds that the said
Joseph A. Crouse
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
Joseph A. Crouse
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
Joseph A. Crouse
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 ftnds that the respondent and his next' of kin received
sufficient notice of the hearing of the within matter.
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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.
~a:2r~
DATE:
November ~. 1978
.
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m THE MA'l"IER OF
m THE OOURl' OF ~ PLEAS OF
CUMBERLAND cxxmY, PENNSYLVANIA
:
JOSEPH A. CROUSE
(nane)
ORPHANS' CX>URI' DIVISICN
An Alleged Il"lCalpetent
NO.
19
PEl'ITICN FOR APPOINlMENI' OF GUARDIAN
The Petition of
,1nhnR Ing;ln)Mn
, Superintendent of
H;lrric:;hlJrg St;lb:l Hnc::pit;ll
, respectfully represents:
1. Your Petitioner has custody of the alleged incc.rrpetent
at Hilrri c;bllrg StR tF:I Hnc:: pi till
2.
The alleged inoc:rcpetent was admitted to the aforesaid
institution on
M;lY Ill, 1 Q7f\
3. 'Ibe alleged inoc:rcpetent is daniciled at R . D . # 1
Shippensburq, Cumberland County, Pennsylvania
4. The alleged inoc:rcpetent is ~ years of age, having been
bom on December 29, 1918
5. The alleged inoarpetent' s mili ta:r:y status is: neve r
a member of the Armed Forces
6. 'lhe alleged inoarpetent' s marital status is:
marital
status is presumed to be sinqle to the best of this petitioner's
knowledqe
7. Those persons, if any, who are the alleged incnnpetent' s next
of kin and their reJatialShip to same, of whan your Petitioner has knowledge
are as follows:
Bruce Crouse
Mrs. Zelda Mooney
240 W. Kinq St..
R.D.#1 Box 302
Shippensburg, Pa.
Cumberland County
Fa ther
Shippensburg, Pa.
Cumberland County
Sister
8. No other Court within this Camonwealth of which Petitioner
has knCMledge has appointed a guardian for the alleged incarpetent.
BOOK 105 fAI:[ 41'1
~IR 35-E-l - 9-77
9. The alleged incx:.mpetent has incane oonsisting of:
(a) Maney due fran Social Security
in the amount of $ 64.90 per month
(b) loDney due fran
in the arrount of $
(c)
per
10. The alleged inccrrpetent has assets, real and personal, of
which the Petitioner is aware, in the amount of $ 3,247.84 oonsisting of:
(a) Money held py the Guardian Officer of Harrisburg
State Hospital in the amount of $ 2,872.47 as of August 31 ,19~.
(b) "Vecchione :Refund" monies in the arrount of $ 375.37 ,
title to which is in dispute.
(c)
11. The alleged incanpetent has debts outstanding in the amount
of $ 911.54 ,as of August 31 , 19~, consisting of:
(a) $ 582.40 oo.ng to the Ccmnanwealth of Pennsylvania
as payment for care and maintenance received fran the period May 14 ,
19~, to August 31 ,1978 , in acoordance with 50 P.S. SS 4501 and 4504
and regulations pn::mulgated theremder.
(b) $ 329.14 CMing to the Ccnnonwealth of Pennsylvania as
payment for care and maintenance rendered between July II, 1974, and
April 4, 1975, which relates to the "Vecchione Refund", title to which is
in dispute.
(c)
12. The alleged incx:.mpetent 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.
,
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BOOK 105 f,\GE 472
MI/NR 35-E-2 - 9-77
13. Joyce Johnston Way , Gual:dian 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 consent of the proposed Guardian
to so act is attached hereto and made a part hereof as Exhihi t B.
14. If appointed as Guardian, Joyce Johnston Way
is required. to act in ronpliance with regulations pranulgated under Court
Order in 5 Pennsylvania Bulletin 931 et seq. (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 ronpany or other individual willing to accept
appointIrent as Guardian.
WHl!a<t;.tURE, the Petitioner prays that a citation be issued
directing Hoseph A. Crouse , 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 inronpetent and a Guardian of the estate appointed, and
why distribution of assets and inc:xxre as payrrent of debts listed in
paragraIil 11 should not be made. Peti tioner further prays that a guardian
ad Ii tern be appointed to act for the alleged incarpetent regarding such
hearing.
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MH/MR 35-E- 3 - 9-77
BOOK 105 fACE 4\/3
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~TH OF PENNSYLVANIA
CDUNTY OF DAUPIlIIN
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John B. Logan, M.D.
, Petiticner in this
matter, being duly sworn acoording to law, do depose and state that
lam
Superintendent
of Harri sburg
State Hospital
and that the facts set
forth in the foregoing Petition are true and correct to the best of
IT!Y knowledge, infcmnation and belief.
SWJm 'ID .AND SUBSCRIBED BEFORE
ME, 'nUS ; /) ft
DAY OF
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l-Hft'IR 35-E-4 - 9-77
BOOK 105 fACE lfi4
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AF'FIDAVIT
~'lH OF PENNSYLVANIA
COUNTY OF DAUPHIN
: ss
I,
V. G. del Rosario, M.D,
, being duly SWODl
according to law, depose and say that I am a Psychiatric Physician
in the Cal:lllL:ll:1Wealth of Permsylvania arployed at Harri sburg State
Hospital
, and I have examined the patient,
Joseph A. Crouse
,
an alleged in<Xlrpetent, with care and diligence and based upon said
examination and observations am of the opinion that said patient is
ino::mpetent to manage his/her CMl1 affairs for the reasons set forth in the
attached Carpetency Report, and that the facts and opinions contained
therein are true and correct to the best of I1"!Y knCMledge, infonnation and
belief.
~ {d2J' /2: ~~
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SWJIN 'ID AND SUBSCRIBED BEFORE
ME '!HIS d tJ ~ DAY OF
(fb,,-- ~ ./ , 197f
. .....~~tKI, Notary I'UDIIC -
. MVtORl,mission Expires August \7, \98\
\. .. a'iijs~iJrg, PA Dauphin County
EXHIBIT "A"
r~ 35-E-5 - 9-77
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4 '. :REPORT OF COMPETENCY EXAMINATION
- ,
~~ous~, J03~PH A.
h. D. 4
SHIP:"'HJSB'JRtj, f'A. 17~S7
:->~ Ih~'-';C-j;)7.~
1:.'-:;'t-1.' It AI 1-';'0.
bih ;j hA iJ::. l,j;:- .';L Lu Y ED
19"126
')- H-76
~91
JOSEPH CROUSE
2UI-A
NAME
.
EXAMINER
INSTITUTION
HARRISBURG STATE HOSPITAL
SINGLE
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 MR 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:
(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.
~. t/~~ ~-r/~4~ ~~~2h<./~ r c9 ~ ..d-eQ..
j;{, L -u. cU<,'!'4~ au ~ ~. -j- ~
d:. ~l~ ,:?J4)/ --ud~ ~ ~ty ~
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CONCLUSION: (Please respond Yes or No)
DYes
(B Yes
(kJ Yes
(29 No
DNo
LJNo
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 inc~pability to manage his/her
financial affairs a product and/or manifestation of his/her mental retardation, mental illness,
or old age?
_ l .__)__~. D Competent Ga Incompetent
\~~;;U"~"t')t/ S. .('<,y'/C::h "
'----,I SIGNATURE OF REVIEWING PSYCHIATRIST,PSYCHOLOGIST
COMMONWEALTH OF PENNSYLVANIA
SI 533 - 8 - 77
a:NSENT OF Pr0Pa3ED GUARDIAN
I,
Kenneth L. Dissinger
,
Guardian Officer
of Harrisburg State Hospital , do ~ certify that I
and IW successors in office are willing to act as Guardian for the
estate of Joseph A. Crouse , an alleged inc:x:npetent, 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 inc:x:npetent has an interest, nor have
I any interest adverse to the alleged inc:x:npetent.
'!he facts and opinions contained herein are true and correct
to the best of IW knowledge, infomation and belief.
~ 19,IdJ
EXHIBIT "B"
MI/MR 35-E-6 - 9-77
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IN THE MATTER OF
.
.
IN THE ORPHANS' COURT OF
JOSEPH A. CROUSE
CUMBERLAND COUNTY.
An Alleged Incompetent
No. of 19
COMMONWEALTH OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
ss.:
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
at Cameron & Maclay Streets, Harrisburg, Pa. 17105
located
where on September 26 , 19~, he examined a patient therein,
vi z : (Name) JOSEPH A. CROUSE
, (Age) 59 , (Sex)
M
The examination revealed that the above-named patient's condition
has not changed since the examination of Apri 1 1, 1977
2. It is the opinion of the affiant that Joseph A.
Crouse 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 ~/her presence might endanger others
in the court room.
Sworn to and subscribed
_of
before me this "d..7 * day
~~~
. ~
I/. $'- tf2-P /4 hr- _
.
M.D.
CH!\R.lES H. BROWN, No\~ry pubrlC
My COI'IllI!nion ElIjlires Auousl 17. 1981
II . L po. DIlIPbin County
ilrl'uUfCJ. ..
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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
JOSEPH A. CROUSE
AN ALLEGED INCOMPETENT
OF
CUMBERLAND
COUNTY,
: PENNSYLVANIA
: ORPHANS' COURT DIVISION
NO. 19
AFFIDAVIT OF SERVICE
Joseph Miller,
being duly sworn according to law,
deposes and says that he/she personally served the within
Citation and Petition upon
Joseph A. Crouse
at Harrisburq State Hospital, Harrisburg, Pa.
,
on
September 25, 1978
· at 10: 10
a.m./~J~., 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.
;(;,~~ ~
V' ~ . )
SWORN TO AND SUBSqq..BED
BEFORE ~ THIS 01~
DAY OF 'fJ~ J.;;L , 19:1t
/
(~_idii ? ;;~.,4v
NOTA PUBLIC~
NOTARY PUBLIC
My :QmmiU;on Expire. June 25, 1979
Harr's~'rn p. D' .
...,." u. llU(:'nrn County
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOSEPH A. CROUSE
ORPHANS' COURT DIVISION
NO. 494 19 78
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.
?fL a. ~
Y A. HORNER
Sworn to and Subscribed
Before me this 13th day'
of OCTOBER , 19 ~.
~I?~
Notary Public
NOTARY PUBLIC
MY COMMISSION EXPIRE~
MAY 13, 1982
IN THE MATTER OF
IN 'l'HE COURT OF COL'-mON PLEAS OF
JosephA. Crouse
(name)
COUNTY, PbNNSYLVANIA
ORPHANS' COURT DIVISION
-No. 4 q '-I [).A{2-f~
19'78
An Alleged Incompetent
CITATION
.TO: Joseph A. Crouse
tve 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__,
9:30a.m.
at ---.:.M., to show cause \.,hy you should not be adj udged an ;i,ncompetent,
and a guardian appointed for vourestate. d
and to be hear
Citation Returnable/ the 12. day of
. Oc tober
1978 .
\vITNESSETH:
The Honorable
Dale F. Shughart
President Judge of said Court, sitting in the Orphans' Court this
13
day of
September
, 19 78 .
~LERK OF THE ORPHAN ' COURT DIVISION
t~,'il~
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF PUBLIC WELFARE
HARRISBURG. PENNSYLVANIA 17120
JA'II1ES R. ADAMS
GENERAL COUNSEL
September 18, 1978
TELEPHONE NUMBER
787-6398
AREA CODE 717
Bruce Crouse
240 W. King Street
Shippensburg, PA 17257
RE: J03EPH A. CROUSE
Dear Mr. Crouse:
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.
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 obj ection to the appointment of Mr. D'issinger 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,
/'"
'-1/ 1"
Z(.(;.~"".~J '. ((;1.(\
Edward P. car~t
Assistant Attorney General
EPC: jh
Attachment
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF PUBLIC WELFARE
HARRISBURG, PENNSYLVANIA 17120
JAMESRo ADAMS
GENERAL COUNSEL
September 18, 1978
TELEPHONE NUMBER
787-6398
AREA CODE 717
MrS. Zelda Mooney
R.D.#l, Box 302
Shippensburg, PA 17257
RE: JOSEPH A. CROUSE
Dear Mrs. Mooney:
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 aarrisburg, 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
g~ardian 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 odo intend to be present please give
me a call at the above nu~ber. Also, if you have any questions
about this matter please feel free to call me.
Sincerely,
c:-~ ,O(
Z (\.-I-'~-.("~ J'. .i.\.r~\
Edward P. carey'l
Assistant Attorney General
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IN TPE HATTER OF
IN THE COURT OF COHHON PLEAS OF
Cumberland COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
494 of 1978
Joseph Crouse
(An Alleged Incapacitated Person)
ANNUAL REPORT OP GUARDIAN
..
Assets at Beginning of Period:
1. Cash, Certificate of Deposit, Savings Account
2. Burial Fund
3.
4.
S 1.538.56
2,122 .18
TOTAL S 3,660.74
Income from November 17, 1995 to' November 16, 1996
.
.
1. .Social Security for ___ ~onths at S
2. Social Security for ___ months at $
3. Interest added to Burial Fund
4. Interest added to Regular account(s)
s.
per month
per ~onth
S
69.82
TOTAL S
69.82
Uisbursements from November 17, 1995 to November 16, 1996:
1. Care/tlaintenance at Ha'Crisburg State Hospital from
to S
2.. Personal Spending
3. Clothing/~hoes/Hiscellaneous
4. Room/board outside a State facility
s.
510.60
TOTAL S
510 . 60
SUHHARY
Assets as of
Income froll
'November 17, 1995
.November 17, 1995
S 3,660.74
S 69.82
S 3,730.56
S 510.60
S 3,219.96
2,122.18
S 1,097.78
including Burial Fund
to Novwmber 16, 1996
SUBTOTAL
to November 16, 1996
Disbursements from November 17, 1995
Balance as of November 16, 1996
Less Burial fund Account
ACTUAL CASH ON HAND
'.
-
.. .
Joseph Crouse
IN THE COURT OF COMMON PLEAS OF
Cumberland COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
494 of 1978
IN THE MATTER OF
AFFIDAVIT
..
I, Nancy Sunday, being duly sworn according to law do hereby depose
and say that I am the Guardian Officer of Harrisburg State Hospital and
that I have reviewed the information on the attached Annual Report of
Guardian which information I believe to be true and correct to the best of
my knowledge, information and belief.
GU?!.~fi~
SWORN TO AND SUBSCRIBED
BEFORE ~IE THIS.y'~AY
OFJCflC~ ' 1991
...,
!\
.'.....-
NOTARY PUBLIC
NOTARIAL SEAL
WAY.i\NOERSON. Notary Public
PA Dauphin County
f:.,~i"res 3.'lj9:97