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HomeMy WebLinkAbout11-17-78 ~"7-' -.... ~ _r.~,~" ....~ .. ,-.....'l""'"'!lF-... ~ ~ ...- ." '-".",,- - - .' .. '~.'.'~-- .. ~- .~~, IN R E : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL.VANIA ORPHANS' COURT DIVISION . INST ITTION GUARDIAN . APPO NTMENTS . : ''-.21-70-261 ORPHANS 1978 506 : 508 : '-21-70...208 : 507 : "21-78-526 :." 503 : ...... 505 :".....502 .. 21-78-527 504 ORDER OF COURT I I I 1 AND NOW, NovEmber 17, 1978, GEORGE A. VAUG!I:.J, III, !ESQUIRE ! having completed the duties related to his assignment asl master I in the above-captioned matters and h3ving rendv :~d a rePlort ! that the tl~easure (1f the county make payment to him of amount ,. thereon. It is ()I"dared and directed the'lt his (~ompensation inl all of I the case:3 co l.lecti vel) i s fb~ed in the amount of $400.001 and By the Court, I I tris I I I :cd George A. Vaughn, III, Esquire Spec Lil ~1as ter 'U?:j '. ;:r &Jkl - _.,. .,__".,."..,.,..."...",..~,,,,...,"" '.i.~,,;:,."4'b'..'''' c'.'" .f".'.....". . . . i f ,.'~ :~') ~ .. . ~ f~ sr. ~f }N THE MATTER OF'" , .~.~ COURT~FCOMMPN PLEAS OF .CUMBE.RLAN'q <:;O~Y,. PENN~YLVANIA O~~~r, qol{R:'t-;~~IVISION i ~~ ~;'?r ._!~. ..; ;__./': _t.f ' ' . 504' ORPHANS '1978 . ':. , ~ '.~"'" .:'"\ r: ~ ~. f '~ ,"~.. .::.. ~. :-:~ ...~ . ..-..." IN RE: PETITION FOR APPOINTMENT OF GUARDIAN .ORDER OF COURT , AND NOW, Nov~er 20, 1978, the order o~ N~v~ek 17, 1978 I I having been entered in error, it is vacated and the pjetition I dismissed. By the court,1 t#~ i . :' . .' "'(/.' . ". . i>a~ e F. Shtig ,art' .... ..... .... cc: EdwardJl.Car,ey , Esq. Assistant Attorney General .Geo~ge A. Vaughn, III, Esq. 'Spec-ial.Matlter -, Joseph~.Al~xaJ Esq. Guardian ad litem I' I I I I eoOK 105 rACE 514 - '-I I J.;kJ ~ "y)t5tJ. /7, /97rg .' " \, ' , \ IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE~SYLVANIA ORPHANS' COURT DIVIS ION RICHARD CRESSLER An Alleged Incompetent . , . 504 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 appointed in the above matter, be and i1s hereby .. approved, and that Bonita J. Stahl, Guardian Officer of Se1insgrove Center, and her successors in office are: hereby authorized to receive, hold, and dispose of the estate of RICHARD CRESSLER , 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 $35.00 to Joseph P. Al~xa. Esquire, guardian ad litem. It is further directed that the bianket surety ,bond issued by Aetna Casualty and Surety, Bond No. 57S28546, is:approved as sufficient bond. By.the Court, cc: Edward P. Carey, Esq. (2) Assistant Attorney General George A. Vaughn, III, Esq. Special Master Joseph P. Alexa, Esq. Guardian ad litem, BOOK 105 FACE 813 .'.f .~'" ,.; ,.... t_, ~' ;....j~ ~".;:...J;,.:' .",,::,":'"j::""'''.:.' I,~: ,'~:.'.~ .".~'. .;::~.<;-:~~~.'T....,r';"~.:,.. " IN THE MA'ITER OF RICHARD CRESSLER ) ) ) ) ) ) ) IN THE COURT OF Ca.HON PLEAS OF ClMBERLAND COUNTY , PENNSYLVANIA ORPHANS' COORT DIVIS]ON NO. 504 ORPHANS 1918 I An Alleged incompetent REPORT ANDRECCNMENDATION OF THE SPECIAL MASTER AND ORDER OF COURT I Hearing in the above-captioned matter having been scheduled fot 19 October I 1978, cotulSel for Petitioner, Edward P. Carey, Esquire, Assistant Attorney General, appeared on behalf of Petitioner and indicated to your Master that the subject of I the petition, Richard Cressler, was no longer institutionalized at th~ Selinsgrove Center. Whereupon cOlIDSel for Petitioner vohmtarily withdrew the pet~tion presented in this matter. Dated 1Cc" IVt)~A(jE,,( #7r ~~O:~(d S eClal Mas I I I I f .. - O(..~ IN THE MATTER OF IN TH~ COUR~ OF COMMON PLEAS OF RICHARD CRESSLER (name)' , ,,- ..'.." CUMBERLAND CQQN~Y, PENNSYLVANIA O~PI1AW$' COURT DIVISION An Alleged ~nc9mpe~~nt No. 5'(71 (i/<.;piJ/fAfJ 7~ 19 ?RELIMIN~RY ORDER OF GOUR~ ANI) NOW, 1J,h~s 18 d,~y of Sep~~~~~l: 1.9,78 19_, upon consider.at~9n o~ ~he fo~ego~~g Pet~t~on, it i.~ 9rder~dthat a citation be issued, g~re9ted, to RICHARD CRESSLER to show caus~ why HE should not be adjudged an i.~competent, and a g~~rdi.a~ o~ HIS estate appointed; a~d why gi.st~i.bu~i.o~ of asse.~s a~g i~ggme as payment of debts listed in paragraph 11 of the within Pet.i.tiq~ sho~19 not be made. Geo):"ge A~ _ Vaughn, 11.1, _~squire ,_, ~s hereby appointed Special Master for the purposes of condugt,ing a hearing on said Petition at the institution at whi.9h RICHARD CRESSLER resides, at. a ti.~e to be fixed by said Special Master, ang t.o submit a R~po~t and Reco~~ndati.on to this Court in a ti.me1.y fashion. is hereby appointed by the court to act as g~aJ;'di,aJ:1 ad litem for RICHARD CRESSLER the al1.eged incompetent regarding this hearing. At, least twenty (20) days wri,tte.n notice of theheari,ng shall be given to RICHARD CRESSLER ..,.. BOOK 105 PACE 51t . . ~ ,. ... . the alleged incompetent, by serving HIM personally with the. citation and a copy of the foregoing Petition: and at least twenty (20) days written notiee of the Petition and hearing shall also be given to any next of kin listed in the Petition either pe~sonally or by certified mail. Joseph P. Alexa, Esquire, be and is hereby appointed to represent the respondent, Charles Clouser, can Sandra Gobrecht is ass~gnedto take the stenographic notes of testimony. BY THE COURT: . .. ....... ............ ..... ' . J. . .. .... .. " BOOK 105 fACE 512 I I . . IN THE MATTER OF !N THE COURT OF. COMMON PLEAS OF COUNTY, PENNSYLVANIA (name) ORPHANS' COURT DIVISION An Alleged Incompetent NO. 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 , proof of notice of the said hearing to next of kin having been filed, and appointed as guardian ad litem, the Special Master, appointed by this Honorable Court to hear said Petition, finds that the said is so mentally infirm that is likely to dissipate or lose estate and become the victim of designing persons; and that the Court further finds that the entire real and personal estate of the said , should be handled by the Guardian designated herein. IT IS THEREFORE RECOMMENDED THAT . and his/her successors in office be and are hereby authorized to receive, hold ahd dispose of the es- tate of the said as the duly appointed guardian under Court Decree, and t~ pay such debts as enumerated in said Petition, such debts having been found to be proper and in accord with law. . . 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. Special Master DATE: I ! . . ORDER , IT IS ORDERED,AND DECREED THAT the report and recommendation of the Special Master be approved. IT IS FURTHER ORDERED AND DECREED, that the Surety Bond issued by Aetna Casualty and Surety Company shall be sufficient as bond. Bond No. 17S28546 All costs and expenses of this hearing to be borne by the , Estate of the said RICHARD CRESSLER , including a fee of to be paid ~he guardian ad litem. BY THE COURT J. DATE: , IN THE MAT'IER OF IN THE COURI' OF <nH:N PLFAS OF . , . . CUMBB1UaAND CXXNl'Y, PENNSYLVANIA B:lchard. Cressler (name) ORPHANS' COURI' DIVISlct'J An Alleged 11'l.CCI1petent : NO. 19 Pm'ITICN FOR APPOINlMENI' OF GUARDIAN The Petition of Joseph J. Scartelli , Superinltendent of S_l11'UllRrOVe Center , respectfully represents: 1. Your Petitioner has custody of the alleged incanpetFt at SeliDsgrove Center 2. '!he alleged incanpetent was adni tted to the aforesajid institution on June 1;, 1941 3. '!he alleged incanpetent is daniciled at LD. 1, Cat-lisle, P......1Yaa1a: 17Ol3 6. '!he alleged incanpetent' s marital status is: never married. Mr. 1tl1He" li. Cressler, brother, R.D. 1, Carlisle, PeDD8y1van:ta 17013 8. No other Calrt within this CamDnwealth of which Petitioner has knarlled;Je has appointed a guardian for the alleged incarpetent.. BOOK 105 PAGE 507 ~tR $5-E-l - 9-77 , , 9. The alle:Jed inoatpetent has incane a:msisting of: (a) Maley due fran Social Security Ad~ n:1strati~ in the allDUllt of $ 246.40 per 110. (b) Maley due fzan in the ancunt of $ per (c) 10. The al1e:Jed in~tent has assets, real and perscn~, of which the Petitioner 1.S aware, in the amount of $ 9158.4.3 a::msli.sting of: , I Center (a) Money held by the Guardian Officer of $elinsgrove I in the croount of $ 7.370.64 as of March i , 19 78. (b) "Vecd1iooe Defund" rrcnies in the arrount of $_+787.79 title to which is in dispute. , (c) of $ 7909~25 , as of 11. The alleged in~tent has debts outstan<:li.DJ in th$ arount I I March , 19..1!-, consisting of: (a) $ 629.3.25 owin:J to the CC1'l1lla1Wealth of P~lvania as payment for care and maintenance received fran the period ~ril , i 19 -'iL, to March , 19 78, in acoordance with 50 P. s. SS 4~01 and 4504 and regulations pzanulgated thereunder. , (b) $ 1616.00 CMing to the Omoonwealth of P~lvania as I I paynent for care and maintenance rendered between July 11, 1974, cfd I April 4, 1975, which relates to the "Vecchione Refund", title ito which is in dispute. (c) 12. The alleged inocnpetent is incapable of handling Ibis I financial affairs for the reasons set forth in the attached Affid9'Tit am ~tency DePort, prepared by Dahle Bingaman , maDred as Exhibit A and made a part hereof. -2- BOOK 105 PAGE 5u8 ~m 35-E-2 - 9-77 . , 13. Bonita J. stahl , Gua:rdi.an Of:eicer at the aforesaid institution, and his successors in office, having qo interest adverse to the alleged incmpetent, has agreed to act as Guardiaq if this Honorable Court shall so appoint. '!he oonsent of the proposed ~an I to so act is attached hereto and made a part hereof as Exhibit B.I 1 I is required to act in COltpliance with regulations pIa11Ul.gated un4rr Court 14. If appointed as Guardian, Bonita J. stahl Order in 5 Pennsylvania Bulletin 931 et seq. (April 19", 1975). 15. In light of these provisions and in furtherance o~ Paragraph 7 of the aforesaid regulations," petitioner ra;ruests pre~erence , be given to a bank, trust COltpany or other individual willing to FiccePt appoint:rrent as Gua:rdi.an. WHEREFORE, the Petitioner prays that a citation be iss~ , directing Richard Cressler , and thos~ , , persons, if any, listed in paragraph 7 of this Petition, to shc:M Pause, if any there be, why he shoul~ not be declared an inc::onpetent and a Gua:rdi.an of the estate appointed~ and , why distribution of assets and in<:x:me as p~t of debts listed in paragraph 11 should not be made. Petitioner further prays that al guardian ad li tan be appointed to act for the alleged incarpetent regardin~ such hearing. BY. -fJ-!i.()~d 4- - J eph J. Scartiell1 1 Superintendent ! -3- BOOK 105 PACE 5u9 MH/MR 35-E-13 - 9-77 ~~ CXHC.RiEALTH OF PENNSYLVANIA . . CXX1N'1'Y OF . . SlIDER J os.ph J. Scartelli 1 Petitialer in this I matter, beinJ duly swam accordi.DJ to law 1 00 depose and state Uat of Selinsgrov. i I and that the faq:ts set forth in the foregoing Peti tiOll are true and oarrect to the best :of I I nw krrMled]e, infcmnatioo and belief. ~ f{n/AAh14, . J eph J. Scartelli ; Superintendent &W:>m m AND SUBSCRIBED BErom ME, mIS Jj.tL ~ .: .....:\.~,l__~.._~-_.~"jo_...\:,'.. ,,'.\./,' .' ,.;::;-- 3... ,.\),.; (,~..~~..~./' '~,....~.'."....~_'~;, .. C .'5 I " . '-"-",,....... +1?'.,.. ~"~..\.;.'\..').:.\ ..:. ..... -., Ih . '-J: ",.'~ '." ~". " ", \r .1. 1,-'1j'li \ \, 11' 'V . '.,~~~b'iA-, !~~:.- Notary Public SeliO~g\:(lv~Sryder Co., Pa. My Commission expires 10-30.71 mY OF , 197/. !-10m 35-E-4 - 9-77 I 8DOK 105 PAGE 510 . . ~ ., . , AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF SNYDER . . . . ss I, Dahle D. Bingaman , lpeing duly sworn according to law, depose and say that I am a licensed PSYfh010gist in the Commonwealth of Pennsylvania employed at Selins rov Center , and I have examined the patient, Cressler an alledged incompetent, with care and diligence and based pon said I examination and observations am of the opinion that said pa~ient is I incompetent to manage his/her own affairs for the reasons set forth in the attached Competency Report, and that the facts and opinions I contained I therein are true and correct to the best of my knowledge, i*formation and I , belief. tS-ah.- ~a-A P8002l19 ! SWORN TO AND SUBSCRIBED BEFORE ME THIS 'JtIv ~ DAY OF , 192r ~PS~ Ruth A Troup, Notary Public Selinsgrove, Snyder Co., Pa. My Commission expires 10.30-78 EXHIBIT IIAII MH/~ 35-E-5 - 9-77 "1 . .. .. . ~ , c . . .. cx::NSENT OF PlOPOSED GlJARDIAN I, Bcm1ta J. stahl I Acting Guardian Officer I do hereby certify that I of Selin:sgrove Center and IIrf successors in office are willing to act as Guardian for the estate of Bichard Cressler I an alleged inc:mpetent, if the Coort shall so appoint. Further I I do heJ:eby certify that I am not a fiduciazy of arr:l estate in which the alleged inc:mpetent has an interest, nor have I arr:l interest adverse to the alleged incatpetent. '!he facts and q;>inions cx:mtained herein are true and correct to the best of IIrf kJ:lcMledge I infcmnation and belief. ~-,4 W,,2hAe. BoD:I.ta J. Stahl Acting Guardim Officer EXHIBIT "B" MI/MR 35-E-6 - 9-77 . ) , . ) "-",,, ,"",,'"",..,""'~-- - . ., .. .. .. t . . { "- oq '- -.Q " 0() "'~r~r, . - .. L- V REPOF\T OF ~pEiE.NCY EXAMINATION :.,'i' "i u..... Chad_ INSTITUTION _ 100. ..1SMg..... PA EXAMINER . . ..,."1011'~' PIOO2 1. " ~. 17"0 DATE ......,. ADDRESSOGRAPH PLATE INSTRUCTIONS: Set forth below your opinion as to whether the patient/resident meets the legal standards 01 incompetenCY Include the medical and factual basis for that opinion. If you have u$8d a competency worksheet (state centers and MR uni1s only) it can serve as the factual basis for your opinion. Attach a copy to this form. Under Pennsylvania law, I 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 (lr her property; or (2) is likely to dissipate that property; or (3) is likely to become the victim of designing persons; or (4) lacks sLlfficient 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 81 detailed as possible. Medical basis should refer to both diagnosis and its manifestations. Factual besis refers to questions ..d answers regarding the four standards above. Please sign on bottom. If additional space is required, use an attached sheet. " ....... i. . ......-.17 ......... b41""1)-.1 .... - -_.~......, ... 81. .. ..... "'. 6&11 _ ..., _a1Ile .. WI's.. ~...... .. ..... ...-. · tI- .. ... 81. .. U.U_ _Au .." ._........ .. ~ of. 1Il11.. ~ \\he ...._,. a1d.1la __"'-81 .. ........, .. ~. ........,. ....... *1-.14 .. ...t...... ..11...... .. _.,1. lat........ ."'...... n.,.... .. .... .,r-:,:t. aI1a1'..' *'... ............ . So..-1.. alM14 -- ........ to ...... .1'- ...... '., ..U.. .. ...ipf.... ........ ..........w al_ !Ie ........ .. ..... hi.' _-... vi..... ....... .... .... .--* ...... .,;:. '.. ...~.~ CONCLUSION: (Please respond Yes or No) o Yes if] No ~Yes DNa ~Yes 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 retardationn 1111"'" ,..~~ or old age? o Competent ~ Incompetent ~~~aa' iii ~ .tii" SIGNATURE OF EVIEWIN~1~"""1..1.t. G URE 0 ~A ~ t.RINTENDENT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE SI 533 - 7-77 " l} .. ~~1;u~o;'_5c.l;"""I[. ~ c.~ DATE -ils-/'f EXA,~NER ~.'f. JL13,"O....,,J INSTRUCTIONS: TIle administration of the Competency Assessment Invento~ {CAI) should confol~ carefully to the directions pro- vided herein. The stated questions and tasks are designed to elicit responses which will be used in determining whether or not a resident is capable of managing his personal property and/or is susceptible to the deceptions of others. (Pennsylvania Bulletin, April 19, 1975, Volume. 5, Number.17). fr Po t1 (0 II) II) o t1 en ~ "'d .... en t't (0 If the resident's response is correct, place the exact number of points in the space provided. On,e point will be given for each , correct response, except where indiealed. The examiner should provide the resident's/patient's name, age, and center/hospital number if an addressograph plate is not' available. i~l~J e.,.s.s Ier- I 1. Ask the ind1vidualco state his/her full name. (Score one (1) Doint if full name is given). .t> 2. Have the individual write his/her full name. (Score one (1) point if the individual writes his name accurately)~ ~- C' Individual's Signature '" o 3-. Ask the 1ndividua~ to name th~current day, month, and year. '(Score one (1) point if the individual responds correctly to all three). i) 4. Ask the individual where he lives. "(Score one (1) point: if name of institution or tamily address is given). () S. Ask the individual L', (eao the following ~ rIVE BANK 'ONE SIX NO TWENTY TEN FOUR alECK NINE (Score one (1) point fQr 1-5 words correct; and three (3) points for nllRTY-ONK EIGHTEEN NINE HUNDRED DEPOSIT SEVENTY-SEVEn corre~t; two (2) 11-15 correct). points' for 6-10 words ~ 6. Currency Identification Materials: Penny, nickel, dime, quarter, half dollar. Ranaomly place the coins in front of the individual and ask: .; (a) Show me the dime '---;. (b) Show me the quarter V(c) Show me the nickel (d) Show me the half, dollal ~(e) Show me the penny ~ore two (2) points if four (4) or more responses ar~ correct). -1 . "' ~ -'1-- 7.. l-~terials: ,. One (1) twenty. ten. five. two, and one dolfar bill. . . Place the bills in front of individual and ask: (a) Show me the two dollar bill (b) Which bill is worth the aost? (c) Show me the ten dollar bill (d) . Which bill is the smallest amount? (e) Show me the five dollar bill (Score two (2) points if (4) or more responses are correct). STOP here if ehe individual has a total score of six (6) or less points - for items one (1) .- through seven (7). PART II - FINANCIAL }.IANACEUENT SCORE : 8. If you wanted to buy a radio at the lowest price (least expensive), and saw three radios marked, $7.00 $11.00 $8.00, which radio would you select? (Score one (1) point if the .$7..00 amount is selected). 9. Give the individual one dollar ($1.00) in mixed change, and ask: (a) If you bought something for 65 cents, show ree how much change you would have left? ___ right (b) If a pencil costs 25 cents, show me how much money you need. wront right wrong (c) 'If you bought something for 85 cents, how much change would you have left? (Score two (2) points if all three items are answered correctly). _..__ right wrong 10. If you only had $200.00 a month to spend, what would you do with this money? (Score one 0) point if the following three items are mentioned: (1) food; (2) clothing; (3) housing). 11. Place fifty-two cents (quarter, 2 dimes, nickel, 2 pennies) in front of individual and" ask, "How much money is here?" (Score one (1) point for, correct response). 12. Ask the question: If a stranger approached you and asked you for ten dollars, what would you do? (Score two (2) points for any response(s) whereby the individual does not give money to the stranger). 13. Financial Concepts Ask the individual to explain the following: (a) checking account (any mention of checking account functions, i.e., payment, withdrawal of funds). (b) savings account (savina8 of monies in a bank; interest) (c) social security (a source of monies from Federal Government) -2 ~. .. . ." · . Cd) loans (bor.rm-1ing) (n method of getting money from ci source) (e) life insurance (payment of monies upon death of o\mer or beneficiary) (f) salary (wages) (monies earned for work completed) (g) taxes (money deducted or paid to government for community services and government support) (h) postage stamps (item bought to be used for mailing letters and packages) (Score two (2) points if the individual responds correctly to four (4) of the eight (8) items. 14. If someone came up to -you on the street and wanted you to buy two wptches from them for $100.00, what would you do? (Score two (2) points if the individual does ~ buy the watch). .1S~ Place eighteen dollars (ten, five, 3 ones), in frost of individual and ask, "lIow much money is here?" (Score one (1) point for correct response). 16. The examiner or the unit staff should complete the following questions by answering yes/no. 1. Does the individual receive money regularly? 2. Does the individual give money and/or possessions away indiscriminately? 3. Does the individual frequently lose and/or have his/her money and/or possessions stolen? (Score one (1) point if U2and 113 are marked "no". NOTE: It is suggested that a total score of sixteen (l'l or more points be used as a cut-off score for rendering an opinion of competence. A score of fifteen (15) or less points would be used for the opinion of incompetence. MATERIALS LIST: Coins: 5 pennies; 3 nickels; 3 dimes; 3 quarters; 1 half-dollar Bills: 3 ones; five; ten; twenty Is the resident I s-.inability to handle his~ monies and/n possessions a .product of his/her disability? Yes ,,/' No Signature (L 1/~/7f Date ' . I- A"~,, t or Psychiatrist 6/77 -3 .."..'m,.","""",~ """'''''''''...."''.......!bIi.'~~.".'''~ '. .--....... . -' .. . .