HomeMy WebLinkAbout03-14-84
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IN THE MATTER OF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS t COURT DIVIS ION
21-78-527
ORPHANS 1978
STEVEN C. DAVIS
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
Se1insgrove Center, and her successors in office are hereby
authorized to receive, hold, and dispose of the estate of
STEVEN C. DAVIS
, 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,
v
cc: Edward P. Carey, Esq. (2)
Assistant Attorney General
George A. Vaughn, III, Esq.
Special Master
BOOK 105 r;j!~: 55G
Joseph P. Alexa, Esq.
Guardian ad litem,
IN THE MATTER OF
IN THE COURT OF CO~~ON PLEAS OF
STEVEN C. DAVIS
(name)
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
An Alleged Incompetent
NO. 21-78-527
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
STEVEN C. DAVIS
, 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__Steven C. Davis
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
Steven C. Davis
should be handled by the
Guardian designated herein.
IT IS THEREFORE RECO~~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
Steven C. Davis
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 statement of such real estate, and a statement of
any real or personal estate which he expects to acquire thereafter.
')
.~~ U U("~7?7
( Special J. ster
DATE:
,/ (~ eVo(;/€'t1td.-e ,/ .9?:f
"
IN TEE ~~TTER OF
IN THE COURT OF CO~~ON PLEAS OF
S1'FVFN C nAVTS
(name)
CUMBERLAND COUNTY, PENNSYLVANIA
An Alleged Incompetent
ORPHANS' COURT DIVISION
No .j / - 7 (- r.J- 7
19
PRELIMINARY ORDER OF COURT
AND NOW, this
25th
day of
September. 1978
19
,
upon consideration of the foregoing petition, it is Ordered that a
citation be issued, directed to
STEVEN C. DAVIS
to show cause why HE
shoulc..
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 ~he purposes of conducting a hearing on
said Petition at the institution at which
STEVEN C. DAVIS
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
the alleged incompetent
regarding this hearing.
At least twenty (20) days written notice of the hearing
snail be given to
STEVEN C. DAVIS
BOer- t05 fM:: ;~);yl
..
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, Steven C. Davis.
Sandra Gobrecht is assigned to take the stenographic notes of
testimony.
BY THE COURT:
~~:
P.J.
BOCK 105 rr\C~ 5~5
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STEVEN C. DAVI S
(name)
ORPHANS' COURT DIVISION
A Minor
No.
19
PETITION FOR APPOINTMENT OF GUARDIAN
The Petition of
Joseph J. Scartelli
, Superintendent
of
Selinsgrove Center
, respectfully represents:
1. That your Petitioner has custody of the minor
Steven C. Davis
at
Selinsgrove Center
2. That the minor was admitted to the aforesaid
institution on March 3, 1971
3. That the minor is
17 years of age, having been
born on September 13, 1960
4. That the minor is domiciled at
7~ Cave Hill Drive, Carlisle, FA 17013
5. That the minor is the
son
Lewis G. Davis
and
Lillian Davis
of
Father's address is 7~ Cave Hill Drive, Carlisle, FA 17013
Mother's address is deceased
6. That the minor's parents are deceased and
next of kin is
7. That Mr. ~~. Lewis G. Davis
does
llloricitwaug:i; consent to this petition, because "I do not know his
needs, I would like you to use his Social Security to his best
advantage. "
8. That the minor has no guardian for his estate.
9. That a guardian is needed for
his
estate
because he has no guardian of his estate
10. That the minor has income consisting of:
(a) Money due from Social Security Administration
in the amount of $ ll~. 30 per month
(b) Money due from
-
in the amount of $ per
n"."" 10~
>: ~;\.;)\ ., ...}
F,~!;t
5bU
MH/M~ 36-E-l-L - 11-77
(c)
11. That the Minor has assets, real and personal
of which Petitioner is aware, in the amount of $ 4964.55
consisting of:
(a) Cash held by the Guardian Officer of
Se1insgrove Center
in the amount of $ 4246.97
as of
May
, 19.1$L.
(b) "Vecchione Refund" monies in the amount of
$717.58
(c)
12. That the Minor has debts outstanding in the
amount of $ ~270.80
, as of
May
, 19R,
consisting of:
(a) $2627. ~O
owing to the Commonwealth
of Pennsylvania as payment for care and maintenance received
from the period
April
, 1912 to
May
, 19~,
in accordance with 50 P.S. SS 4501 and 4504 and regulations
promulgated thereunder.
(b) $ 64 ~. 50
owing to the Commonwealth
of Pennsylvania as payment for care and maintenance rendered
between July 11, 1974, and April 4, 1975, which relates to
the "Vecchione Refund".
(c)
13. No other Court within the Commonwealth of which
.
Petitioner has knowledge has appointed a guardian for the Minor.
14.
Bonita J. Stahl
, Guardian Officer at the
aforesaid institution, and his successors in office, having no
interest adverse to the Minor, has agreed to act as Guardian if
this Honorable Court shall so appoint. The consent of the
proposed Guardian to so act is attached hereto and made a
part hereof as Exhibit A.
-2-
BOOK 105 f~'_:c 5fJI
-
MH/MR 36-E-2-L - 11-77
15. If appointed as Guardian,
Bonita J. Stahl
is required to act in compliance with regulations promulgated
under Court Order in the case of Vecchione v. Wohlgemuth,
377 F. Supp. 1361 (E.D. Pa. 1974).
16. That the Minor is/is not the child of a veteran;
that insurance or other gratuities are/are not payable to him
by the United States Veterans' Administration, or its successor,
and that notice has/has not been given to the United States
Veterans' Administration or its successor.
WHEREFORE, the Petitioner prays that a Citation be
issued directing
steven C. Davis
, and those
persons, if any, listed in paragraph 5 or 6 of the Petition,
to show cause, if any there be, why
he
should not have a
Guardian appointed for
his
estate, and why distribution
of assets and income as paYment of debts listed in Paragraph 12
should not be made.
By:
?::fg f)C4A~ '
i Jos eph' J. Se artelli
Superintendent
-3-
BOCK 105 F',\Lt
~'< [.<, ~~
,_..~;4,
-
MH/MR 36-.E-JJ-,_..) +-77
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF SNYDER
Joseph J. Scartelli
, Petitioner in this
matter, being duly sworn 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 knowledge, information and belief.
9-~ g-O'-h;/;-j/
Joseph J. Scartelli
Superintendent
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'HRif,rl~fJ1~~.R:'Notary Public
Sel;'risg'r'dW:S'~)der Co, Pa.
My Commission brier; Jan. 11, 1982
BOOK 105
1M::'
f ,'0...
5.53
MH/MR 36-E-4-L - 11-77
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
58
I, Jose'~)h Gallaqher , being duly sworn
according to law, depose and say that I am a Psvcholoqist
in the Corrunonwealth of Pennsylvania employed at Selinsqrove
Center . and I have examined the patient, steven Davis
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.
,
----fur L fA!
Q...b ~
SWORN TO AND S~RIBED BEFORE
ME TI.US ~ DAY OF
~ , 19if
~
TERRY L. S OENER, Notary Public
Sslinsgrove, Snyder Co., Pa.
Mv Commission Expires Jan. 11, 1982
EXHIBIT "A"
MH/MR 35-E-5 - 9-77