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
507 ORPHANS 1978
Sara M. Whittington
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 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
SARA M. WHITTINGTON
, 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,
cc: Edward P. Carey, Esq. (2)
Assistant Attorney General
George A. Vaughn, III, Esq.
Special Master
Joseph P. Alexa, Es~.
Guardian ad litem
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rn THE MATTER OF
IN THE mURI' OF CDMom PLEAS OF
: CUMBERLAND OOUNTY, PENNSYLVANIA
SARA M. WHITTINGTON
(naIre )
ORPHANS I mURI' DIVISICN
An Alleged Incarpetent
NO.
19
PEI'ITICN FOR APPOINIMENI' OF GUARDIAN
The Petition of
Joseph J. Scartelli
, Superintendent of
Selins~rove Center
, respectfully represents:
1. Your Petitioner has custody of the alleged incaupetent
at
Selinsgrove Center
2. The alleged incx:mpetent was admitted to the aforesaid
institution an December 18, 1968
3. The alleged incx:mpetent is daniciled at
811 Chester st., Enola, PA 17025
4. The alleged inCCJIYpetent is ----3:L years of age, having been
bom an July 28, 19~8
5. The alleged incx:mpetent IS military status is: n ever
served in the armed forces
6. The alleged incx:mpetent' s marital status is:
.never married
7. Those persons, if any, who are the alleged incx:mpetent I s next
of kin and their relationship to same, of whan your Petitioner has knowledge
are as follows:
Mr. & Mrs. Aldine Whittington, parents, 811 Chester st., Enola, PA 17025
8. No other Court within this Camonwea1th of which Petitioner
has knowledge has appointed a guardian for the alleged incarpetent.
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9. The aJ~e:Jed incx:npetent has ineare oonsisting of:
(a) Maney due fram Social Security Administration
in the ancunt of $ 36.00 per month
(b) MJney due fran
in the arrount of $ per
(c)
10. The alleged incanpetent has assets, real and personal, of
which the Petitioner is aware, in the arnamt of $ 1491.24 ronsisting of:
(a) Mon~y held ~ the Guardian Officer of Se1insgrove
Center in the amount of $ 1425.72 as of October 10 , 19 78.
(b) "'Vecchione Iefund" nonies in the arrount of $ 65.52
ti tie to which is in dispute.
(c)
11. The alleged incanpetent has debts outstanding in the arrount
of $ 689.50 ,as of October 10 , 19 --ZB....., cor:sisting of:
(a) ~; 634.25 owing to the Ccmnanwealth of Pennsylvania
as payment for care and maintenance received fran the period April
19~, to Octob~r 1ft , 1978 , in acrordance with 50 P.S. SS 4501 and 4504
and regulations pn::mulgated therennder.
(b) $ 55.25 owi.ng to the O::mronwealth of Pennsylvania as
payment for care and maintenance rendered between July 11, 1974, and
April 4, 1975, which relates to the "Vecchione Refnnd", 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 Report, prepared by Will i am C. Snauffer
marked as Exhibit A and made a part hereof.
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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
Sara M. Whittington
( name)
CUMBERIAND
COUNTY, PENNSYLVANIA
An Alleged Incompetent
ORPHANS' COURT DIVISION
No. /)'07 d){fOlJlJAtJ
191y
PRELIMINARY ORDER OF COURT
AND NOW, this
18
day of
September 1978
19
,
upon consideration of the foregoing Petition, it is Ordered that a
citation be issued, directed to
Sara M. Whittington
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 wi thin Petition should not be made.
George A. Vaughn. III. Esq.
is hereby
appointed Special Master for the purposes of conducting a hearing on
said Petition at the institution at which
Sara M. Whittington
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
Sara M. Whittington
the alleged incompetent
regarding this hearing.
At least twenty (20) days written notice of the hearing
shall be given to
Sara M. Whittington
BOCK 105 I,":: 53;3
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the alleged incompetent, by serving
f.l l: :r:
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:
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BOO,~ 105 F'ME 534
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IN THE MATTER OF
SARA M. WHIITINGTON
(name)
IN THE COURT OF COMMON PLEAS OF
awrnEruuwD COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
An Alleged Incompetent
NO. 507 ORPHANS
19..za
REPORT AND RECOMMENDATION OF THE
SPECIAL MASTER AND ORDER OF COURT
Upon hearing of the Petition and Citation for Appointment of
a guardian for SARA M. WHITTINGTON
, proof of notice of
the said hearing to her
next of kin having been filed, and
attorney
appointed as ~
Joseph P. Alexa. Esquire,
kDoam, the Special Master, appointed by this Honorable Court to hear
said Petition, finds that the said
Sara M. Whittin~ton
is likely to dissipate or lose her
is so mentally infirm that she
further finds that the entire real and personal estate of the said
estate and become the victim of designing persons; and that the Court
Sara M. Whittington
should be handled by the
Guardian designated herein.
IT IS THEREFORE RECOMMENDED 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
as the duly appointed guardian under Court Decree, and to pay such
Sara M. Whittington
be proper and in accord with law.
debts as enumerated in said Petition, such debts having been found to
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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.~,_
. Sp~ci"a Mas{::
DATE:
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13.
Bonita J. Stahl
, Guardian Officer at
the aforesaid institution, and his successors in office, having no interest
adverse to the allegE:!d incorrpetent, has agreed to act as Guardian if this
Honorable Court shall so ap};X)int. The oonsent of the pro};X)sed 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 oorrpliance 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 re::.JUests preference
be given to a bank, trust oonpany or other individual willing to accept
ap};X)inbrent as Guardian.
WHEREFORE, the Petitioner prays that a citation be issued
directing
Sara M. Whittington
, and those
persons, if any, listed in paragraph 7 of this Petition, to shCM cause,
if any there be, why
she
should not
be declared an inoonpetent and a Guardian of the estate appointed, and
why distribution of assets and inoome as payment of debt..c:; 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:
90 1ff)L4J;,lL
oseph J. Scartelli
Superintendent
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MlI/MR 35-E- 3 - 9-77
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~T.H OF PENNSYLVANIA :
COUNTY OF SNYDER
Joseph J. Scartelli
, Peti ticner in this
matter, being duly swm:n according to law, do depose and state that
I am Superintendent
of Selinsgrove
Center
and that the facts set
forth in the foregoing Petition are true and correct to the best of
my knc:Mledge, infomation and belief.
~O~~.
Jo h . Scartelli
Superintendent
~m TQ-nm SUBSCRIBED BEFORE
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ME':' ".ni\t9r ~;" j~ mY OF
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Ru~~. /\. Troup, rlot:::ry Public
Sclinsgi"OVe, Snyder Co., Pa.
My Commission expires 10-30-78
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
Snyder
ss
I, William Snauffer , being duly sworn
according to law, depose and say that I am a ~ay~hnlnqt.~
in the Commonwealth of Pennsylvania employed at ~A1inJllq_ t".nfoA7>
, and I have examined the patient, ~a..~ W'hffot"~__ ,
an alledged incompetent, with care and diligence and based upon said
examination and observations am of the opinion that said patient is
incompetent to manage his/her own affairs for the reasons set forth in the
attached Competency Report, and that the facts and opinions contained
"therein are true and correct to the best of my knowledge, information and
belief.
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SWORN TO AND SUBSCRIBED BEFORE
ME THIS --L.flt
'fhn 't-
DAY OF
, 19.2K
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Notary Public
Ruth A. Troup, Notary Public
Selinsgrove, Snyder Co., Pa.
My Commission expires 10-30-78
EXHIBIT "A"
MH/MR 35-E-5 - 9-77
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REP.ORT OF COMPETENCY EXAMINATION
NAME
Sara Whit:tin9ton
INSTITUTION
SELDJSGJIfOI1E a:N'l'ER
EXAMINER
William SDauffer
I DATE
4-24-78
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 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.
Vour 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.
Sara 18 UIlabl. to 1IlMagfll her pez'lIOnal property aDd f1Mnctal aff.ire. She i.
likely to beoome . ri~1m of d..lplnq perllOfta. She lacks sufficient capacity
to make or OCJIrIaUn1cat.e responsible deci810na eoftcen1n9 the UIJe .a ~'t
of her. entit.lements.
CONCLUSION: (Please respond Ves or No)
Dves E]No
Gves DNo
Dves DNo
The patient/resident is capable of managing his/her financial affairs.
The patient/resident is incapable of managing his/her financial affairs.
(If Ves, 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
(j)dlt4H ~~CJIh
o Incompetent
SIGNATURE OF REVIE I
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF PUBLIC WELFARE
SI 533 - 7-77
...
Sara Whitt~
IW:Tl '1 llTI m;
SELINSGROVE CENTER
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4-24-78
EXMfINER
william Snauffer
INS1'lmCTIO~S: TIle administration of the Competency Assessment
Inventory (CAl) 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 indic.ateJ. The examiner should
provide the resident's/patient's name. age, and center/hospit~l
number if an addressop,raph plate is not available.
PART I - SCREENING QUESTIONS
SCORE :
1 I. Ask the ind1v~dlla.l to SLate his/her full name.
----
(Score one (]\ Doint if full name is given).
o 2. Have the individual write his/her full name.
(Score one (1) point if ~he individual writes his name accurately).
-----individual's Signature
o 3. Ask the individual [0 i.all,.; th<.-' current da), month, and year.
(Score one (J) point if the individual responds correctly to all three).
o 4. Ask lOt? individual whelE:. ne lives.
(Score one (1) poin~ if name of institution or tamily address is given).
o 5. Ask the lndjvid\la~
~eaa chp following'
FIVE .BANK
ONE SIX
TWO TWENn
TEN FOUR
CHECK NINE
(Score one- (1) 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
2
6.
Currency Identification
Materials: Penny, nickel, dime, quarter. half dollar.
Randomly place 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 doltCt
(e) Show me the penny
- (Score two (2) points if four (4\ P' more responses are correct).
-1
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. na.te Lui s:
One (1) twenty, ten, five, two, and one dollar bill.
Place the bills in front of individual and ask:
(a) Show me the two dollar bill
(b) Which bill is worth the most?
(c) Show me the ten dollar bill
(d) mlich bill is the smallest amount?
(e) Show me the five dollar bill
(Score two (2) points if (4) or more responses arc correct).
STOP here if t.he individual has a total score of six (6) or less points - for items one (1)
-
through seven (7).
PART II - FINANCIAL HANAGEHENT
SCORE :
8. If you wanted to buy a radio at the lowest price (le3st 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.
wrong
right
wrong
(c) If you bought something for 85 cents, how much change
would you have left?
(Score two (2) points"..! 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 (1) point if the following three items are mentioned:
(1) food; (2) clothing; (3) housing).
11. Place fifty-two cents (quarter, 2 dimes, nickel, 2 p€l'lnies) in front of
individual and ask, "How much money is here?"
(Score one (1) point for correct response).
12. Ask the questior::
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 (savines of monies in a bank; interest)
(c) social security (a source of monies from Federal Government)
-2
(d) loans (borrolling) (a method of getting mOllCe)' from' a source)
(e) life insurance (payment of monies upon death of o\,"'tler or
beneficiary)
(f) salary (wages) (monies earned for work completed)
(g) taxes (money deducted or paid to government for connnunity
services and government support)
(h) postage stamps (j tern bought to be used for ma1li.ng 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 $100.00, what would you do?
(Score two (2) points if the individual does ~ buy the watch).
15.
Place eighteen dollars (ten, five, 3 ones), in fraDt of individual and ask,
"How much money is here?"
(Score one (1) point for correct response).
16.
The examiner or the unit staff should complete the following questions by
answering yes/no.
1. Does the individual receive money regularly?
2. Does the individual give money and/or possessions away
indiscriminately?
3. Does the individual frequently lose and/or have his/her
money and/or possessions stolen?
(Score one (1) point if tf2 and 1/3 are marked "no"").
NOTE: It is sugges ted that a total score of sixteen (1"6) or more points be used
as a cut-off score for rendering an opinion of c~petence. A score of
fifteen (15) or less points would be used for the opinion of incompetence.
MATERIALS LIST:
Coins: 5 pennies; 3 nickels; 3 dimes; 3 quarters; 1 half-dollar
Bills: 3 ones; five; ten; twenty
Is the resident1s.inability to handle his/her monies andhr possessions a yroduct
of his/her disability?
Yes
v
No
W~( ~ 5 ~/TOt.Ot!'~.s.r-
Sign~ure (Licensed p$y' ol6gist or Psychiatrist
fA, Lit'. q (JOO 13 L.
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Date
6/77
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DJ RE:
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IN THE COl'RT OF COMMON P LlAS OF
CUMBERLAND COUNTY, PEI\NSYplANIA
ORPHANS' COURT DIVISION
INSTITUTION (illARDIAN
. AP PO l.NTMENTS
.
.
: ......21-70-261 ORPHANS 1978
506
: 508
: '''21-70-208
: 507
: ''to 21-78-526
:' 503
: '505
:,' 502
" 21-78-527
504
i
ORDER OF CO~l~J
AND f'~OW. NovEmber 17, 1978, GEORGE A. VAUQ.j"'l, III, ESQUIRE
having completeJ the duties related to his assignment a. master:
in the above-captioned matt.ers and having rend,-ed a n:'~'0rt
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thereon,
It is ordered and dirfcted that his compensation i aLl of
the cases collectivt>ly is fh.ed in the amount c'f $400.0' :'I.nd
that the treasure of the county make payment to him cf his amount.
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P.J.
By the Court,
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Georg" A. Vat:gim. III, Esquire
Sl '" . :11 Mas'ter
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