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HomeMy WebLinkAbout09-17-78 - W : YJtJ1}, I't i /q'7 '8' .' , .. IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION WILLIAM FRICK An Alleged Incompetent 505 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 is hereby approved, and that Bonita J. Stahl, Guardian Officer of Selinsgrove Center, and her successors in office are hereby authorized to receive, hold, and dispose of the estate of WILL IAM FRICK , 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 sufficient bond. By the Court, P.J. cc: Edward P. Carey, Esq. (2) Assistant Attorney General George A. Vaughn, III, Esq. Special Master Joseph P. Alexa, Esq. Guardian ad litem, P,f)Q\( 1'0:; .'41: ':.: ii >.;..~ -., \J I r'\J~ '_'#1."".A.. ... , , .' ~ IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF WILLIMIl FRICK (name) CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION An Alleged Incompetent NO. 505 ORPHANS 19 78 REPORT AND RECOMMENDATION OF THE SPECIAL MASTER AND ORDER OF COURT Upon hearin<g of the Petition and Citation for Appointment of a guardian for WIT.LT,i\M FRTr.K , proof of notice of the said hearing to his next of kin having been filed, and attorney Joseph P. Alexa, Esquire, appointed as ~ ~, the Special Master, appointed by this Honorable Court to hear said Petition, finds that the said William Frick is so mentally infirm that np. is likely to dissipate or lo?e 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 William Frick should be handled by the Guardian designated herein. IT IS THEREFORE RECOMY~NDED THAT Bonita J. Stahl and his/her successors in office be and are hereby authorized to receive, hold and dispose of the es- tate of the said William Frick 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 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. ~rGc;-'d~ - /' Special '_aster- DATE: , f/A')p/~;tf.I.,#"" ,/> f ~ -. I \... ftrt> /;1 ",,"of' ,'-- /y~ 7 (f . .' ... IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF WILLIAM FRICK (name) CUMBERLAND COUNTY, PENNSYLVANIA An Alleged Incompetent ORPHANS' COURT DIVISION I"" 167~ No .)0,5- {i/(fJI' rTAt j 1 0 19 PRELIMINARY ORDER OF COURT AND NOW, this 18 day of September 1978 19 upon consideration of the foregoing Petition, it is Ordered that a to show cause why WILLIAM FRICK HE should citation be issued, directed to 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. George A. Vaughn. III. Esquire is hereby appointed Special Master for the purposes of conducting a hearing on said Petition at the institution at which WILLIAM FRICK 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. is hereby appointed by the court to act as guardian ad litem for WILLIAM FRICK the alleged incompetent regarding this hearing. At least twenty (20) days written notice of the hearing shall be given to WILLIAM FRICK BOOK 105 P,~':: 519 . " ~ 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, Charles Clouser, and Sandra Gobrecht is assigned to take the stenographic notes of testimony. BY THE COURT: ;bd~~~J. 6""1( l' O~ "., '.- f'.,') liu.. 0 ,,11.. ..),.:,v rn THE MATI'ER OF rn THE COURI' OF CDM10N PLEAS OF . . : CUMBERLAND COUNTY, PENNSYLVANIA William Frick (nama) ORPHANS' COURI' DIVISICN An Alleged Incarpetent : NO. 19 PEI'ITICN FOR APPOINlMENI' OF GUARDIAN The Petition of Joseph J. Scartelli , Superintendent of Selinsgrove Center , respectfully represents: 1. Your Petitioner has custody of the alleged incanpetent at SelinsJn"ove Center 2. The alleged incx:rrpetent was admitted to the aforesaid institution on May S, 1942 3. '!he alleged incx:rrpetent is daniciled at R.D. 3, Newville. Pennsylvania 17241 4. The alleged inc:x:xrpetent is ~ years of age, having been born on June 13. 1912 5. The alleged incanpetent' s mili tal:y status is: never served in the armed forces 6. The alleged incanpetent' s marital status is: never married 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 knowledge are as follows: Mrs. Wilbur Negley, sister, R.D. 3, Newville, Pennsylvania 17241 Lynn Frick. brother Carlisle. pennsylvania 8. No other Court within this Carm:>nwealth of which Petitioner has knowledge has appointed a guardian for the alleged incanpetent. ~()"l" 1 0 r: IJL 1..'1\. ..) i.~.tE ",~)~j MH/HR 35- E-l - 9-77 I \ ,.... . I) .(:.rr.c.K, 9. The alleg-ed incx:rtpetent has incx:rne oonsisting of: (a) Maney due fram Social Security Administration in the arrount of $ 113.60 per month (b) 1vbney due fran in the arrount of $ per (e) 10. The alleg-ed incanpetent has assets, real and personal, of which the Petitione:r is aware, in the amount of $ 2619.79 oonsisting of: (a) r~oney held py the Guardian Office:r of Se1insgrove Center in the amount of $ 2405.27 as of October 10 , 19 78. (b) ''Vecchione IEfund" IOOnies in the arrount of $ 214.52 , title to which is in dispute. (e) 11. The a11eged incanpetent has debts outstanding in the arrount of $ 1916.95 , as of October 10 , 19~, eocsisting of: (a) $ 1736.05 owing to the Carmanwealth of Pennsylvania as payment far care and maintenance received fran the period Aori 1 , 19-15...., to October~, 19~, in aeoordance with 50 P.S. SS 4501 and 4504 and regulations prcmulgated thereunder. (b) :~ 180.90 CMing to the Camnnwealth 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. (e) 12. The alleged incanpetent is incapable of handling his financial affairs far the reasons set forth in the attached Affidavit am Canpetenc.y IEport, prepared. by John C. Castrignano , marked as Exhibit A and made a part hereof. -2- 8W''1 1 0 r ut;;, . _ d r.~I,: '- .. ~)~b MI/NR 35-E-2 - 9-77 13. Bonita J. stahl , Guardian Officer at the aforesaid institution, and his successors in office, having no interest adverse to the alleged ina::xrpetent, 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, Bonita J. stahl is required to act in oonpliance with regulations prarrulgated under Court Order in 5 Pennsylvania Bulletin 931 et seg. (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 oorrpany or other individual willing to accept appoinbrent as Guardian. WHEREFORE, the Petitioner prays that a citation be issued directing William Frick , and those persons, if any, listed in paragraph 7 of this Petition, to shew cause, if any there be, why he should not be declared an incxmpetent and a Guardian of the estate appointed, and why distribution of assets and inCXJIIe 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. BY: ~llJ~-14' o eph J. Scartelli Superintendent -3- MH/MR 35-E-3 ~ 9-77 BOOK 105 fAI::- 5~17 . ~TH OF PENNSYLVANIA . . CDUmY OF SNYDER. Joseph J. Scartelli , Peti timer in this matter, being duly sworn according to law, do depose and state that ram Superintendent of Selinsgrove Center forth in the foregoing Peti tiOll are true and correct to the best of my kr1cMledge, infOlIllation and belief. and that the facts set ~/Jc-4.A~ . S J. Scartelli uperintendent ffiol:>m 'ID AND SUBSCRIBED BEroRE ME, 'lE:rS .q:.tI.J mY OF .. Pee., J ! , 19 7i . 'c,/fd,.:Jt" /) ~ 'J .- .;:: ,.: -'.'t..(. ,......., '~ ~YBLI~ t"A;' f/ _; '\ \:-i' ., ,': <~~Jh[~(T~~~:~, Notary Public Selinsqrove, Snyder Co., Pa. My CO~-::-:l;SSjOrl expires 10<30-78 1-lIftm 35-E-4 - 9-77 BOOK 105 FME 518 AF.F'IIlAVIT mMM)NWEAL'IH OF PENNSYLVANIA ss mUNTY OF SNYDER I, John h. Castrignano , being duly sworn acoording to law, depose and say that I am a Psychologist in the Cbrmonwealth of Pennsylvania employed at Selinsgrove Center , and I have examined the patient, VJilliam Charles Frick, an alleged inCXJITpetent, with care and diligence and based upon said examination and observations am of the opinion that said patient is inoorrpetent to managE:= hislH!l.OX: am affairs for the reasons set forth in the attached Corrpetency Heport, and that the facts and opinions oontained therein are true and oorrect to the best of my knCMledge, infonnation and belief. c&: &-1 . '\.~ 7rv. t7 ~47p. ~A'A~~AA":t:t. , 7 ME THIS SWJm 'ill AND SUBSCRIBED BEFORE ~' ot~ ~~l~ Notary Pub\\C Ruth A. Troup, Fla Snyder Co., ' :. Selinsgrove, . '05 10,~O:/t:I My Commission expn J DAY OF .' 19.1i EXHIBIT nAn I~ 35-E-5 - 9-77 - REPOR-r: OF COMPETENCY EXAMINATION NAME W1111_ Charl.. Prick INSTITUTION S.lS.n8~e C.t,.... EXAMINER .J. 1>1. Cae'trlpano I DATE )-2)-78 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 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 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 st,mdards above. Please sign on bottom. If additional space is required, use an attached sheet. The aboY. _d peNOIl 0_ not. recopl.. cola _d paper 110.'" up to $100.00 aDd cell Dot; realt.. 1;he Nl..1C18h1p bn._ pl'Ope", pvchued and ~_ 110ft'" \18M t.o parch.._ "Ilia pfQpel"tJ. The abO... lI.ed pttI'fIOJl does not uaclen'ttUd reeel'flDg . COrHCt. __" of chMae aft.,. . pure.... aad could _117 bee.. ...leU. to deai.&nlJl& p4lNOU .t:r:.~~ 'to detrau.cl him 01 personal pl'O~" 01" 110ft.,. tbla -P8l"8Oft a.1ao can not. judge b . reaJ,.:18t.tc _e.. t.be ..&1_ ot lA"OpeftJ ot dUter1q -.onet.arr Yalues. CONCLUSION: (Please respond Yes or No) DYes ~NO ~ Yes 0 No ~Yes DNo 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 ~ Incompetent t/ SIGNATURE OF REVIE~t. ~.; .-"':"" 'i";' , COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE SI 533 - 7-77 IN':TJ 'llJTI ~):, I~/ S.u_CNYe C._er ; ; "..... "'"-" ..... --_._.~-_._------_. -.-----.. -'-"-.-- _._-~--._~-- --,._- --- ---..- ------- - ;t> 0. 0. r1 (l) CJl CJl o r1 Pl '0 ;T 'U f-" Pl rt (l) DA1'E l'Jarch 22, 1976 EXA}fINER .I. l*i. CU'trlgftldlO INS1'l~UCTIO;.jS: The administration of the Competency ^c;~~essment Invent~ry (CAI) should conform 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). If the resident's response is correct, place the exact number of points in the space provided. One point will be given for each correct response, except where !ndicau.J. The examiner should provide the resident's/pat:Lent's name. age. and center/hospital number if an addressoera~ plate is not available. PART I - SCREENING QUESTIONS SCORE: ? I 1. Ask the indil/1.dual La SLate his/her full name. _-L..._ (Score one (]' ooint if full name is given). I 2. Have the indiVidual. write his/her full name. (Score one (J) Doint if t:he individual writes his name accurately). ""'---..^ Individual's Signature 3. Ask the lndi \I idllal,:o 1.<111,t; the-. current da) , month, and year. (Score one (I) point if the individual responds correctly to all three). I 4. Ask Lrie 1nd1vldual ~nece ne lives. (Score one (1) POil1 i- if name of institur..ion or: tamil" address is given). 5. Ask thl:: lndiv1dua~ ,'ea'J thp following' FIVE: BAN1. ONE SIX NO TIffiNn TEN FOUR CHECK. NINE (Score om- 0) point fQr 1-5 words correct; and three (3) points for THIRTY-ONE EIGHTEEN NINE HUNDRED DEPOSIT SEVENTY-SEVEn correct; two (2) 11-15 correct). points for 6-10 words 6. Currency Identification Materials: Plenny, nickel, dime, quarter, half dollar. Randomly plac1e the coins in front of the individual and ask: (a) Show me the dime (b) Show me the quartel (c) Show me the nickel (d) Show me the half doll.a (e) Show me the penny --(Score two (2) points if fOllr (4 I more responses are correct). -1 I F'~ "- 7. . Ha.ted also One (1) twenty. ten>> five>> two, and one dulT<.tr bitl. Plac~ the bills in front of individual and ask: j,,/ (a) Show me the two dollar bill (b) Hhich bill is worth the most? (c) Show me the ten dollar bill (d) mIich bill is the smallest amount? .,-r (e) Show me the five dollar bill (Score two (2) points if (4) or more responses are correct). STOP here if the individual has a total score of six (6) or less points - for items one (1) through seven (7). PART II - FINANCIAL HANAGEHENT SCORE: if' I 8. If you wanted to buy a radio at the lowest price (le2st 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 me how much change you would have left? ____ right (b) If a penc:l~l costs 25 cents, show me how much money you need. wrong V right wrong (c) If you bought something for 85 cents, how much change ~ould you have left~ (Score two (2) points _t all three items are answered correctly). right ;/,7 wrong - 10. If you only had $200.00 a month to spend, what would you do with this money? (Score one (1) point if the following three items are mentioned: (1) food; (2) clothing; (3) housing). I 11. Place fifty-two cents (quarter, 2 dimes, nickel, 2 pe)"'lies) in front of individual and ask, "How much money is here?" (Score one (1) point for correct response). 12. Ask the questio~: If a stranger approached you and asked you for ten dollars, what would you do? (Score two (2) points for any response (s) whereby tile individual does not give money to the stranger). 13. Financial Concepts Ask the individual to explain the following: ~~. checking account (any mention of checking account functions, i.e., payment, withdrawal of funds). ~ savings account (savings of monies in a bank; interest) .~ social security (a source of monies from Federal Government) -2 &:::,:", /-.1 (ltt- 10..:1118 (borrcl\.'ing) (el method of get t:i ng rno11~y fro!J1 a sourte) te7- life insurance (payment of Illontes upon death of o\-.'11er or beneficiary) ;>(f) salary (vuges) (monies earned ,cor \\York complctc;d) ~ taxes (money deducted or paid to government for community services and government support:) Hi) postage stamps (j tem bought to be used for mai1ing 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 watches from them for $100.00, what would you do? (Score two (2) points if the individual does ~ buy the watch). I 15. Place eighteen dollars (ten, five, 3 ones), in fro:mt of individual and ask, "How much money is here?" (Score one (1) point for correct response). I 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 #2 and 113 are marked "no*'). NOTE: It is sugges ted that a total score of sixteen (HD) or more points be used as a cut-off score for rendering an opinion of c~petence. A score of fifteen (15) or less points would be used for the opinion of incompetence. MATERIAJ4S LIST: Coins: 5 pennies; 3 nickels; 3 dimes; 3 quarters; 1 half-dollar Bills: 3 ones.; five; ten; twenty Is the resident1s.inability to handle his/her monies and/wr possessions a yroduct of his/her disability'i,/ Yes ~ No ~!,!......:;.c~~ ~ Sitnature or Psychiatrist ,/ Date +- 6/77 -3 CXJNSENT OF proPOSED GUARDIAN I, Bonit,a J. Stahl , Acting Guardian Officer of Selinsgrove Genter , do hereby certify that I and ~ successors in office are willing to act as Guardian for the estate of William Frick , an alleged inccmpetent, if the Court shall so appoint. Further, I do hereby certify that I am not a fiduciaLY of any estate in which the alleged inccmpetent has an interest, nor have I any interest adverse to the alleged inconpetent. '!he facts and opinions contained herein are true and correct to the best of ~ knCMledge, infonnation and belief. ) "' / l-'/",I(, I i I / / , 1(, (/ Bonita J ~ Stahl Acting Guardian Officer EXHIBIT "B" MH/MR 35-E-6 - 9-77 .IN THE MATTER OF William Charles Frick IN THE ORPHANS' COURT OF Cumberland COUNTY. An Alleged Incompetent No. of 19 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ~der SS. : . William Charles Frick with a prognosis as follows: No change indicated in the .forseeable .future. 2. On the basis of the foregoing history and examination, the affiant is of the opinion that 'William Charl~s Frick, " bec au se 0 f ~~-..,i-nt..,i~~-t...,i-e-s-~-~.Q.. ~- ~.iJ.J...n.e..s. mental deficiency, ~~.aOO..i~~-~~.., is unable to manage his property, or is liable to dissipate it or become the victim of designing persons," and is, therefore, incompetent under the provisions of the Incompetents' Estates Act of 1955 as amended. Sworn to and subscribed before me this . ,':'3,/1 .'( day u:~, 197J:/ / ). f.h:fl/\-' )j V. <-~ " :.4-; 7,,;,Rn esychology Servic~ Associate II of ~/-.~ c.., -rJ.L l. "~""'O-<'",~c:'l--/ 1_.>2. ... 1"1 Not/ry Public Ii. :-"'':' '-'" ,.\:-~-: ~'J'J!J~.\f p,,~:,:;c .,. ), 'c:n. 11, 1982 -2- IN THE MATTER OF IN THE ORPHANS' COURT OF William Charl€~s Frick Cumberland COUNTY. An Alleged Incompetent No. of 19 SWORN STATEMENT REQUIRED BY SECTION 331 OF THE INCOMPETENTS' ESTATES ACT OF 1955 AS AMENDED. COMMONWEALTH OF PENNSYLVANIA, ss. : COUNTY OF Snyder Michael Cordas, M.D. , being duly sworn according to law, deposes and say that 1. He is a regularly licensed, practicing physician who is employed at the hospital or institution known as Selinsgrove Center Penna. located at SelinserovR, where on SeptRmhAr 26 , 1918-, he examined a patient therein, VlZ: (Name)Williarn Charles Frick, (Age) 66 (Sex)Male . 2. As a result of this examination it lS the opinion of the affiant that: A. Said patient is in such physical or mental condition that he/xk<< is capable of appearing in court and his/~~~ presence in court will not endanger others In the court room. OR ~ Becuase of the physical or mental condition of said patient, his/~ welfare would not be promoted by his/k~K presence in Court, and his/~ presence might endanger others in the court room. Sworn to and subscribed before me this ,3 /I( day r~l~fC ," ! .,l9'7Y'. ,_/',--=7, ?; .... ,,~,-C <.<:,1-"-<- 'l:...... ." fill tit-d./. ( 6:/z~~ '-. of " -;r-'-'? 7> (/'Lj/ . 1982 IN THE MATTER OF IN THE COURT OF COMMON PLEAS William Charles Frick AN ALLEGED INCOMPETENT OF Cumberland COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 19 AFFIDAVIT OF SERVICE John M. Castrignano being duly sworn according to law, deposes and says that he/~personally served the within Citation and Petition upon William Charles Frick at SeljLnsgrove Center on September 25, JL978 at 2:00 ~~./p.m., by reading to him/~ the contents of the Citation and Petition and leaving with him/her a copy of said Citation and said Petition. 5~,~L ;--/7 //J~''1 . , ,~/ - L...__~~,~,~ SWORN TO AND SUBSCRI~ED BE1"ORE HE THI$ 3 ~~l( " DAY OF //('>l~-, 197J~> . ~/-. c-7-;.~:~,~~3( ;?71R7// NbTA.~y/fUB~IC ~. :,' ~( '. ( ~ 1 :~,1:32