HomeMy WebLinkAbout11-17-78
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IN THE MATTER OF
George L. Coover
An Alleged Incompetent
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVIS ION. .
496 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
George L. Coover
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 JosephP. Alexa, Esquire,
guardian ad litem.
It is further directed that the blanket surety bond issued by
Aetna Casualty and Surety, Bona No. 5 7S.28546, . is approved as suffi-
cient bond.
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
BOOK 105 f^CE 492
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. -1
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
George L. Coover
(name)
CQqNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
An Alleged Incompet~~~
N9. 496 Orphans 1978
19
PRELIMINARY ORDER OF COU~T
AND NOW, th:i,sl3
Clay of
September _ 1978
19_,
upon conside+at:i,on of the forego:i,ng Petition, it is Ordereq that a
citation be issl.leq, d:i,rected, to George L. Coover
--
to show cause why he should
not be adjudged, an :Lncompetent, and a ggard:i.an of his estate
appointed; and why distribution Of assets and :i,ncome as payment of debts
listed in paragraph 11- of the wi.thin Petition should not pe made.
Richard W. Stewart, Esquire
i..s hereby
appointed Special Master for the purposes of conducting a hearing on
said Petition at the institution at which
George L. . Coover
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
r.pn"'gp T Cnnu~,..
the alleged incompetent
regarding this hearing.
At least twenty (20) days written notice of the hearing
shall be given to
George L. Coover
BOOK 105 F;~C:[ 490
..
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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
GEORGE L. COOVER
(name)
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
An Alleged Incompetent
NO. 496 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
George L. Coover
; proof of notice of
the said hearing to
his
next of kin having been filed, and
Joseph P. Alexa, Esquire appointed as guardian ad
and counsel
litem,/the Special Master, appointed by this Honorable Court to hear
said Petition, finds that the said
George L. Coover
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
George L. Coover
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
George L. Coover
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 st:atement of such real estate, and a statement of
any real or personal estate which he expects to acquire thereafter.
4:uLl /1V ~~
Special Master
DATE:
/J
November ;;
, 1978
IN THE MAT'IER OF
IN THE COURl' OF (X)M.1()N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
George L. Coover
(:narre )
ORPHANS' COURI' DIVISION
An Alleged Incrnpetent
NO.
19
PEI'ITION FOR APPOINJ.l>1ENI' OF GUARDIAN
The Petition of
John B. Lo~an, M.D.
, Superintendent of
Harrisbur~ State Hospital
, respectfully represents:
1. Your Petitioner has custody of the alleged inCCITq?etent
at Harrisburg State Hospital
2. The alleged incx:npetent was adrni tted to the aforesaid
institution on May 10, 1961
3. The alleged incx:npetent is dcmiciled at R. D. 4ft 3
Carlisle, Cumberland County, Pennsylvania
4. The alleged incc:mpetent is -A.L years of age I having been
born on June 18, 1934
5. The alleged incx:npetent' s military status is:
never
served in the Armed Forces
6. The alleged incx:npetent' s marital status is:
never
married
7. Those persons, if any, who are the alleged inccmpetent' s next
of kin and their relationship to same, of whan your Petitioner has knowledge
are as follows:
Mr. and Mrs. Walter Coover
R.D.4ft3
Carlisle, Pa.
Cumberland County
Parents
8. No other Court within this Ccmronwealth of which Petitioner
has knowledge has appointed a guardian for the alleged incrnpetent.
MH/~1R 35-E-l - 9-77
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9. The alleged incompetent has inccme ronsisting of:
(a) Money due from Social Security
in the amount of $ 232.90 per month
(b) Money 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 $ 7,783.49 oonsisting of:
(a) Money held by the Guardian Officer of Harri sburg
State Hospital in the amount of $ 6,526.30 as of August 31 , 19.1.Q...
(b) "Vecchione Refund" monies in the anount of $ 1,257.19
title to which is in dispute.
(c)
11. The alleged incanpetent has debts outstanding in the amount
of $ 6,128.66 , as of August 31 , 19~, consisting of:
(a) $ 5,026.30 owing to the Ccmnonwealth of Pennsylvania
as payment for care and maintenance received fran the period Ap r i 1 5
19~, to August 31 , 19~-, in acoordance with 50 P.S. ~~ 4501 and 4504
and regulations promulgated thereunder.
(b) $1,102.36 awing to the Ccmronwealth 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 incarpetent is incapable of handling his
financial affairs for the reasons set forth in the attached Affidavit
and Carpetency Report, prepared by Jacob C. Stacks, M.D.
marked as Exhibit A and made a part hereof.
,
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MC~ 105 F,\CF 4b7
MI/MR 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 incx::mpetent, 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 Way
is required to act in a:mpliance with regulations prarrulgated tmder 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 oonpany or other individual willing to accept
appoint:rrent as Guardian.
WHEREFORE, the Petitioner prays that a citation be issued
directing
George L. Coover
, 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 inoome as payment of debts listed in
paragraph 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.
BY:
(/
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MH/MR 35-E-3 - 9-77
MO'" 10'- F 't: dLS
",.,J 1\ .), ,~!;~ ....0
C~TH OF PENNSYLVANIA
mUN'IY OF DAUPHIN
John B. Logan, M.D.
, Petitioner in this
matter, being duly sworn according to law, do depose and state that
lam
Superintendent
of Harrisburg
State Hospital
and that the facts set
forth in the foregoing Peti tiOll are true and correct to the best of
my knowledge, infonnation and belief.
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SWJm ID ;~. . _~ BEFDRE
ME, '!HIS mY OF
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FIH/~1R 35-E-4 - 9-77
BOOK 105 fr~C'~ 4b3
AF'FIl::lA VIT
a>>M)NWEAL'lH OF PENNSYLVANIA
ss
cx)UNTY OF DAUPHIN
I,
Dean B. Olewiler, M.D.
, being duly sworn.
acoording to law, depose and say that I am a Psychiatric Physician
in the CoIrrronwealth of Pennsylvania errployed at Harrisburg State
Hospital
, and I have examined the patient, George L. Coover
an alleged incx:xrpetent, with care and diligence and based upon said
examination and observations am of the opinion that said patient is
inoorrpetent to manage his/her CM1 affairs for the reasons set forth in the
attached Conpetency Report, and that the facts and opinions oontained
therein are true and oorrect to the best of my knavledge, infonnation and
belief.
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BED BEFORE
ME THIS
//7
7b~~'1-
- DAY OF
, l~
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EXHIBIT "A"
I~ 35-E-5 - 9-77
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REVIEW FOR COMPETENCY
TO HANDLE PROPERTY AND FINANCIAL AFFAIRS
FACILITY PATIENT/RESIDENT CASE NO.
HARRISBURG STATE HOSPITAL COOVER, GEORGE 30762
T.(l! (}- ~ '1. -} 7
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This is to inform you that on f)b ~.[,o. ~ a review will take place and you willPe evalu-
~. {)~/.~~L- at ~:t~ gj{
(name) (time, place)
, in order to determine your ability
ated by
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 fOUfld 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.
~~)
. A 0 I ED'S N1(TURE
9. ~if- tAlE
SI 532. "-76
If'
C001~R, G~O~GE L.
RD 3
CAi<LISLP., PA.
1hO-2!--6354
O~/1~/34 W M PROT
61H Uk. LABU~SH
307n2
O~)I lOfol
elF-Vi
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S H;uLE
(;-~lb51 48!
RE.pORT OF COMPETENCY EXAMINATION
...-. -' ~. r .. .
NAME
COOVER, GEORGE
INSTITUTION
HARRISBu~G 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
Incl ude the medical and factual basis for that opinion. If you have used a competency worksheet (stzte 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 stafidards. 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 ~ No
~Yes 0 No
(llYes 0 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?
o Incompetent _ ;-
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SIGNATURE OF API".ROVAL BY SUPERINTENDENT
[J Competent
--
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COMMO'iIVEALTH OF P,,!\I,~SYLVANIA
DEPARTMENT OF PUBLIC WELFARE
SI 533 - 7-77
, .
CDNSENT OF ProPOSED GUARDIAN
I,
Kenneth L. Dissinger
~lardian Officer
of Harrisburg State Hospi tal I do hereby certify that I
and rrw successors in office are willing to act as Guardian for the
estate of George L. Coover I an alleged inCCllpetent, if
the Court shall so appoint.
Further, I do hereby certify that I am not a fiduciary of
any estate in which the alleged inconpetent has an intere..st, nor have
I any interest adverse to the alleged inconpetent.
'Ihe facts and opinions oontained herein are tnle and oorrect
to the best of rrw knCMledge, infonnation and belief.
~d ~~O~
EXBIBIT liB"
MH/MR 35-E-6 - 9-77
'<
IN THE MATTER OF
IN THE ORPHANS' COURT OF
GEORGE L. COOVER
CUMBERLAND COUNTY.
An Alleged Incompetent
No. of 19
COMMONWEALTH OF PENNSYLVANIA,
ss. :
COUNTY OF CUr~BERLAND
. "ec ,-fi'!?, . /:;:C-?:~ Jt4/ being duly sworn
accordi~ to law, deposes and say that
1. He is a regularly licensed, practicing physician
specializing in psychiatry, who is employed at the
ins ti tu tion known as IfG~J"'1:;; I-~el -5t-(.~, ~ ~.j:~/'
/J f
at ~ft-rt'; J~<-~~I ){c, '/
whe;e on 9;/;.,1,1/ , 19 /~ he
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The examination revealed that the above-named
hospital or
located
examined a patient
, (Age)3!,
therein,
(Sex)
M
has not changed since the examination of
P~~ti?tion
2.
( ::C' -C;>"L '-L/'--
It is the opinion of the affiant that (~"'1--">--7...--k_________' ~'
;/
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
,/ q Because of the physical or mental condition of
l.7
said patient, his/~ welfare would not be promoted by his/~
presence in court, and his/~ presence might endanger others
in the court room.
Sworn to and subscribed .
before me this Q;;i1today : .iZ#~
.of ~i:' ,.19~. _.',/ ~
a '~~rf~
CMA~.lt~ "" IRO. . ~u~U\\ \1. w&\ I ('
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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
George Coover
AN ALLEGED INCOMPETENT.
OF
CUMBERLAND
COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 19
AFFIDAVIT OF SERVICE
Lawrence J. Decker
being duly sworn according to law,
deposes and says that he/she personally served the within
Citation and Petition upon
George Coover
a t Harrisburg State Hospital
on
September 25, 1978
at 1: 30
J<cU:mx /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.
~1AJ.1M1/ti .9 ~h.!]j ACSC,)
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SWORN TO AND SUBSCRIBED
BEFORE ME THIS :)7"tt-
DAY OF 'V~.A.J ,19m.
~~t/ (~~
NOTARY PUBLIC
N Notary publit
(~ES .~. '~~~el' AuQUs\ \7. \98\
My (ornmlsslOlI ()l\Ifhin ((lIIIlUf
~CII1iJb\l~. VA -'
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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GEORGE L. COOVER
ORPHANS' COURT DIVISION
NO. 496 19...28-
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
n("tober 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.
~a\~
i E A. HORNER
v
Sworn to and Subscribed
Before me this 13th day
of OCTOBER , 19~
Lftk \ /\~;:;~.
Notary Public
r~
;" i C\;I\i\JS~,~ii EXf'.Rt$
MAY 13, 198.2
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IN ~i'HE ;t1A'1'TER OF
IN THE COURT OF CO~10N ~LEAS OF
COUNTY, PENNSYLVANIA
George L. Coover
(name)
ORPHANS' COURT DIVISION
L(9~ ~,~
19 '7 ~
An Alleged Incompetent
.No.
CITATION
TO: GEORGE L. COOVER
We command you to appear at a hearing in the Orphans' Court
of
Cumberland
, County, to be held at
Harrisburg State Hospital on Octobpr 12, 197R , 19
9:30 a.m.
at --.:J1. I to show cause vlhy you should not be adjudged an incompetent,
and a guardian aopointed for your estate.
~ and to be heard
Citation ReturnablJ the .12 day of
Oc tober
19--ZJL.
\'HTNESSETH:
The Honorable
Dale F. Shughart
President Judge of said Court, sitting in the Orphans' Court this
13
day of
September
, 19.1JL.
.PauL~ 8(l/lUl
~~ CLERK OF THE ORPHA S I COURT DIVISION
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF PUBLIC WELFARE
HARRISBURG. PENNSYLVANIA 17120
JAMES R. ADAMS
GENERAL COUNSEL
September 18, 1978
TELEPHONE NUMBER
787-6398
AREA CODE 711
Hr. & Mrs. Halter Coover
R.D.#3
Carlisle, PA 17013
- RE: GEDRGE L. CCXJVER
Dear Mr. & Mrs. Coover:
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 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,
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Edward P. Carey
Assistant Attorney General
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Attachment
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
: . '496 ORPHANS 1978
:" 488
: "489
: 492
: '-"493
:',491
: '" 495
: "490
:'494
INSTITUTION GUARDIAN
APPOINTMENTS
ORDER OF COURT
AND NOW, November 17, 1978, RICHARD W. STEWAR~ ESQUIRE
having completed the duties related to his assignment as master
in the above-ca.ptioned matters and having rendered a report
thereon,
It is ordered and directed that his compensation in all
of the cases collectively is fixed in the amount of $350.00
and that the treasure of the county make paYment to him of
this amount..
By the Court,
.,
~~/f-'
P.J.
Richard W. Stewart, Esquire
Special Master
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RICHARD E. ANDERSON
REGISTER of WILLS & CLERK of the ORPHANS I COURT
court House, Carlisle, Pa. 17013
Date:
496 QRPBARS 1978
488
489
492
4"
491
i_a Dee. 18 L_1?1Ji
494
To: Estate of:
DODLD B. DUPP", ftEASuaER
Cu.aLUD Coun'Y
CARLIS~,P..-A. 17013
aichard w. stewart, Z8Q.
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\$350.00
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