HomeMy WebLinkAbout11-17-78
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IN THE MATTER OF
Vera Glatfelter
An Alleged Incompetent
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION .
495 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
Vera Glatfelter
,
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. 5 7S28546, . 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 485
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IN THE MATTER OF
:
IN THE COURT OF COMMON PLEAS OF
Vera Glatfelter
(name)
COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
An Alleged Incompetent
No.
495 Orphans 1978
19
PRELIMINARY ORDER OF COURT
AND NOW, this
13
day of
Septe1Ill>er
19.1..8,
upon consideration of the foregoing Petition, it is Ordered that a
citation be issued, directed to
VPT;:! C::l;:!t"fplt"PT
to show cause why
she should
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
Vera Glatfelter
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
Vera Glatfelter
the alleged incompetent
regarding this hearing.
At least twenty (20) days written notice of the hearing
shall be given to
Vera Glatfelter
D D' 10'- (' . r ~ r,'"
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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 P/\CE 464
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A
.Y
.
IN THE MATTER OF
IN THE eOURT OF. COMMON PLEAS OF
VERA GLATFELTER
(name)
CUMBERLAND
COUNTY, PENNSYLVANIA
ORPHANS' CdURT DIVISION
An Alleged Incompetent
NO.
495
Orphans
1978
REPORT AND RECOMMENDATION OF THE
SPECIAL MASTER AND ORDER OF COURT
Upon hearing of the Petition and Citation for Appointment of
a guardian for
Vera Glatfelter
, 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
1item,/ the Special Master, appointed by this Honorable court to hear
said Petition, finds that the said
Vera Glatfelt:er
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
Vera Glatfelter
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
Vera Glatfelter
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.
~
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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.
d{~~t~
DATE: November?/ ' 1978
IN THE MAT'lER OF
IN 'IHE CDURr OF CDr.MJN PLEASE OF
Vera Glatfelter
(nam:)
CUMBERLAND CDUNTY, PENNSYLVANIA
ORPHANS' CDURr DIVISION
An Alleged Incompetent
No.
19
PETITION FOR APPOINTMENT OF GUARDIAN
The Petition of
John B. Logan, M.D.
, Superintendent of
Harrisburg State Hospital
, respectfully represents:
1. Your Petitioner has custody of the alleged incanpetent
at Harrisburg State Hospital
2. The alleged incanpetent was admitted to the aforesaid
institution on January 25, 1943
3. The alleged incompetent is domiciled at R.D.Hl Carlisle,
Cumberland County, Pennsylvania
bom on
4. 'lhe alleged ina::mpetent is
July 23, 1916
61
years of age, having been
5. The alleged inccmpetent's militm:y status is: The alleged
jn~o~p~~~n~ h~Q n~V~T h~~n ~ m~mh~r of thp Armpn Forrp~, to thp hp~t of
Pe~;~;one~'9 ~nowle~ge
6. The alleged incarpetent' s marital status is: 'T'hp ::111 pgpn
incompetent has never been married
7. Those persons, if any, who are the alleged in<x>mpetent' s next
of kin and their relationship to same, of whan your Petitioner has knOWledge,
are as follows:
Mrs. Paul Hair
6 Mi 11 Road
Carlisle, Pa.
Cumberland County
Sister
BOliK 105 fACE ~78
Kl/MR 35-0-1 - 7-77
8. No other Court within this Cannonwealth of which Petitioner
has knowledge has appointed a guardian for the alleged incarpetent.
9.
income consist~g of:
Securit Administration
(a)
in the anount of $ 142.
in the anount of $
(c)
10.
(a) $
real and personal, of
5,188.12 , consisting of:
held by th Guardian Officer of Harrisburg
which the Petitioner is aw:
State Hospital August 1 , 19-.l.!...
(b) n the amount of $1,063.98,
11. leged incanpetent has
of $ 2,793.78 1
$ 2,793.78 owing to the Camonweal of Pennsylvania
and maintenance received fran the peri d April 5
, 19-21-, in accordance with 50 P.S. ~ 4501 and 4504
as payrrent
19..1.2.., to
- 2 -
MH/.MR 35-D-2 - 7-77
9. The alleged inCCl'lpetent has incane oonsisting of:
(a) MOney due from Social Security
in the amount of $ 232.00 per month
(b) 1>Dney due fran
in the anount of $ per
(c)
10. The alleged incanpetent has assets, real and personal, of
which the Petitioner is aware, in the amount of $ 8,145.37 consisting of:
(a) Money held by the Guardian Officer of Harrisburg
State Hospital in the amount of $ 6,997.48 as of August 31 , 19~.
(b) "Vecchione IEfund" monies in the anount of $ 1, 147 . 89 ,
title to which is in dispute.
(c)
11. The alleged incanpetent has debts outstanding in the amount
of $ 6,523.99 , as of August 31 , 19~..' consisting of:
(a) $ 5,517.48 owing to the CClllIlCIlWealth of Pennsylvania
as payment for care and maintenance received fran the period Apri 1 5 ,
19~, to August 31 ,19~, in accordance with 50 P.S. SS 4501 and 4504
and regulations pn:rnulgated thereunder.
(b) $ 1,006.51 owing to the Cc:mronwealth of Pennsylvania as
paynent for care and maintenance rendered between July 11, 1974, and
April 4, 1975, which relates to the "Vecchione IEfund", title to which is
in dispute.
(c)
12. The alleged incanpetent is incapable of handling her
financial affairs for the reasons set forth in the attached Affidavit
and Carpetency IEPOrt, prepared byV. G. del Rosario, M. D.
marked as Exhibit A and made a part hereof.
,
-2-
BOOK 105 f~C[ 4/9
MI/I-IR 35-E-2 - 9-77
and regulations pronulgated thereunder.
as payment for
the Commonwealth of Pennsylvania
hione Ref nd '.'
12.
financial
her
in the attached Affidavit
v. G. del Rosario, M.D. ,
13.
Toyc.p .Tohnston W~y
, Guardian Officer at the
aforesaid institution, and his successors in office, having no interest
adverse to the alleged inCXltlpetent, has agreed to act as Guardian if this
Hcnorable 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 Johnston Wa,y
is required to act in canpliance with the regulations attached hereto as
Exhibit C and made a part hereof, and in particular with paragrc;iphs 8, 9,
and 14 therein.
15. In light of t:hese provisions and in furtherance of Para-
graph 7, of the aforesaid regulations, petitioner requests preference be
given to a bank, trust carpany, or other individual willing to accept
appointment as Guardian.
WHEREFDRE, the Petitioner prays that a citation be issued
directing
Ve"'!I Glat--Fe'lf-o'l'"
and those
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BOOK 105 FAGE 480
MH/MR 35-0-3 - 7-77
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persons, if any, listed in paragraph 7, of this Petition, to show cause,
if any there be, why Vera Glatfelter should not
be declared an inoonpetent and a Guardian of the estate appointed, and
why distribution of assets and incx::Jre as payment of debts listed in
Paragraph 11, should not be made.
BOO~ 105 FAGE 481
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MB/MR - 35-D-4 - 7-77
~'lH OF PENNSYLVANIA
CDUNTY OF
DAUPHIN
John B. Loian, M.D.
, Petitioner in this
matter, being duly ~m according to law, do depose and state that
lam
Superintendent
of Harrisburg
State Hospital
and that the facts set
forth in the foregoing Petition are true and correct to the best of
IT!Y knowledge, infonnation and belief.
~
NOTAf.lY C'1P1 lr
My ~ommission E~~,: "~-J~~~~ry 27. 1979
Hamsburg, Pa. Dauphin County
BOOK 105 F.\CE 482
~MR 35-0-5 - 7-77
AFFImVIT
aM-DNWEALTH OF PENNSYLVANIA
ss
<DUNl'Y OF DAUPHIN
I,
V. G. del Rosario. M.D.
, being duly sworn
according to law, depose and say that I am a certified Psychiatrist
in the Camonwealth of Pennsylvania and I have examined the patient,
Vera Glatfelter
, an alleged inoanpetent, with care
and diligence and based upon said examination and ohsel:Vations am of
the opinion that said patient is incanpetent to manage hisjher CMI1
affairs for the reasons set forth in the attached Canpetency Report
and that the facts and opinions contained therein are true and
oorrect to the best of I'Crf knCMledge, infonration and belief.
K~. /2-f/ ~ ~ n-/--=-
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NOTARY PUBLIC
My Commission Expires January 27 1979
Harrisburg, Pi, Dauphill COUllty
EXHIBIT "A"
m;MR 35-0-6 - 7-77
I
"
. R~PORT OF COMPETENCY EXAMINATION
NAME
GLADFELTER, ~RA
INSTITUTION
HARRISBURG STATE HOSPITAL
EXAMINER
GL!\L'i':'L .., v:::HA '-"
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Cid"iLISLE, l-'A.
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(:1/;,::/43
t,;/r 'II
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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) 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)
o Yes ~No
~s oNo
~ONO
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 Competent
~mpetent
COMMONWEALTH OF PENNSYLVANIA
j-{ s::: b7~ ~_~
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1ch,~/v
DEPARTMENT OF PUBLIC WELFARE
SI 633 .7-77
1"
<:mSmT OF ProPOSED GUARDIAN
I, Kenneth L. Dissin~er , 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 Vera Glatfel ter , an alleged incx:npetent, if
the Court shall so appoint.
Further, I do hereby certify that I am not a fiduciary of
any estate in which the alleged ina:xrpetent has an interest, nor have
I any interest adverse to the alleged incarpetent.
'!he facts and opinions contained herein are true and correct
to the best ofnw kr1cMledge, infOJ:mation and belief.
~~~.-J
EXIIIBIT "B"
MVMR 35-E-6 - 9-77
IN THE MATTER OF
IN THE ORPHANS' COURT OF
VERA GLATFELTER
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)
VERA GLADFELTER
, (Age) 62 , (Sex) F
The examination revealed that the above-named patient's condition
has not changed since the examination of
August 4, 1977
2. It is the opinion of the affiant that Vera
Glatfel ter 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
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presence in court, and his/her presence might endanger others
-
in the court room.
Sworn to and subscribed
before me this 6?~ day
9f~~ ,191/.
t 'I '.J..i:M L? !<~~~
J< ~_ k!Le~~,
M.D.
NOTARY PUBLIC
My C"mmission Expires Ju"~2~..I?"?
illarrisburg, Pa. Dau;:,"m (,.o~nll
-
IN THE MATTER OF IN THE COURT OF COMMON PLEAS
.
.
VERA GLATFELTER OF CUMBERLAND COUNTY,
AN ALLEGED INCOMPETENT
. 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
September 25, 1978,
Harrisburg State Hospital, Harrisburg, Pa.
Vera Glatfelter
at
,
on
at 10: 10
a.m./p/.iv., 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.
cfL-rf-R ~) ~~.-n-.~
SWORN TO AND SUBS~ED
BEFORE ~HIS <k~
DAY OF , /. ~~~, 19'1/.
~LP. J< #.4~L~
NO Y PUBLIC . .
NOT ARY PUBLIC
" E 'rei June 25, 1979
My CommiSSIon Jq:ll , h' County
Daup In
Harrisburg, Pa.
-
IN THE MATTER OF
VERA GLATFELTER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
AN ALLEGED INCOMPETENT
ORPHANS' COURT DIVISION
NO. 495 19 78
-
AFFIDAVIT OF NOTICE
according to law, deposes and says that she gave notice
JOYCE A. HORNER
, being duly sworn
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 ~nstitution of
which the alleged incompetent is a resident. A copy of the
citation and the letter(s) are attached.
~ 0 \;J,Y,/YLfN
E A. HORNER .
Sworn to and Subscribed
Before me this 13th . day
of OCTOBER , 19 78 .
-
If~ ;(J- ~~A'~
Notary Public
NOTARY PUBLIC
.ill COMMISSION EXPIRES
MAY 13, lS~
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IN THE COURT OF COW10N PLEAS OF
IN THE 11ATTER OF
COUNTY, PENNSYLVANIA
An Alleged Incompetent
ORPHANS' COURT DIVISION
No . 4 q 6- DAf)-~(.~'
1928:
Vera Glatfelter
- (name)
CITATION
TO: VERA GLATFELTER
We command you to appear at a hearing in the orphans' Court
, County, to be held at
of
cumberland
Harrisburl\ State Hospital on October 12, 1978 ' 19_,
9:30 Q.m.. d d' d d .
at ~., to shON cause "Thy you shoul not be a JU ge an 1ncompetent,
and a guardian appointed for your estate.
and to be heard
citation Returnablq the 12 day of
October
19 78 .
\'lITNESSETH:
President Ju~e of said Court, sitting in the orphans' ~urt this
The Honorable
Dale F. Shughart
13
day of _
September
, 19I!L.
, COURT DIVISION
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF PUBLIC WELFARE
HARRISBURG, PENNSYLVANIA 17120
JAMES R. ADAMS
GENERAL COUNSEL
September 18,1978
Mrs. Paul Hair
6 Mill Road
Carlisle, PA 17013
RE: VERA GLATFELTER
Dear Mrs. Hair:
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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
Offi~er 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.
Si:ncerely,
'z)"......,r ,I {Ii U, I
Edward p. CareY(
Assistant Attorney General
EPC: j h
Attachment
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
~ . SENDER: Compltte ittm; 1,2, and ,.
0' Add your addrrss in thr "RE11.JRN TO" spacr on
3 In'erse.
'"
~ 1. ~he 1I0wing service is requested (check one) .
>- Show to whom and date delivered. . . . . . . . . ._~
~
o Show to whom, date, and address .of delivery. ._~
o RESTRICTED DELIVERY ,
Show to whom and date deli.&.red. . . . . . . . . ._~
o RESTRICTED DELIVER't\ ,li,......
Show to whom, date, and address of delivery. $_
(CONSULT POSTMASTER FOR FEES)
10/12 Glatfelter .
2. AR .lelE ADDRESSED TO: .
;u
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!!!
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Mrs. Paul Hair
6 Mill Road
r.nr1iR1e, PA 17013
3. ARTICLE DESCRIPTION:
REGISTERED NO. I C~TI.FIED NO.
~ ~1856
~ (Always obtain signature of addressee or agent)
~ I have received th,article described above.
~ SIGNATURE ~ Addressee D Authorized a~ent
9
INSURED NO.
5. ADDRESS (Complete only if requested)
6. UNABLE TO DELIVER BECAUSE:
CLERK'S
INITIALS
"* GPO , 1977-0-234-337
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