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HomeMy WebLinkAbout01-17-79 IN THE MATTER OF THE ESTATE ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CU~ffiERLAND COUNTY, PENNSYLVANIA OF JOHN W. ELLENBERGER AN ALLEGED INCOMPETENT NO. 619 ORPHANS' 1978 TRANSCRIPT OF PROCEEDINGS BEFORE: HONORABLE HAROLD E. SHEELY DATE: January 11, 1979, Thursday, 1:30 P.M. PLACE: Courtroom No. 2 Cumberland County Courthouse Carlisle, Pennsylvania COUNSEL PRESENT: GEORGE W. McKEE, Esquire For - Petitioner January 11, 1979 Carlisle, Pennsylvania MR. McKEE: If the Court please, this is the time for the return of the citation on John W. Ellenberger to show cause why he should not be adjudged an incompetent and a guardian appointed for his estate. Does Your Honor have a copy of the citation? THE COURT: Yes, sir, I do. MR. McKEE: I would like to offer into evidence first an affidavit by Mary A. Thomas who is an associate at the Veterans Administration Hospital, Coatesville, swearing that on December the 11th she served on John W. Ellenberger a copy of the citation which she read to him and handed him a copy and also a copy of the notice of this hearing. THE COURT: We will mark that as Petitioner's Exhibit 1 and it is admitted. MR. McKEE: I also ask that there be admitted into evidence my own certificate of service in which I state that I gave notice by certified mail to the Director of the Veterans Administration Hospital, Coatesville, to the Chief Attorney of the Veterans Administration Regional Office, Wilkes-Barre, and to the General Counsel of the Social Security Administration in Baltimore stating that the notice stated that there was a citation and that it was returnable at this time. -3- I have attached thereto a form of the notice sent them, the receipts for the certified mail. And in two out of the three cases the receipts came back. THE COURT: We will mark that Petitioner's Exhibit No.2 and it is admitted. MR. McKEE: I offer into evidence the affidavit of Stephen C. Mann, M.D., a licensed physician in this state, graduate of Thomas Jefferson University Medical School and the staff psychiatrist since 1973 at the Veterans Administration Hospital, Coatesville. In which he avers that he examined John W. Ellenberger, that he found him grossly psychotic and obviously incompetent because of his severely regressed state, stating that he was sChizophrenic and that his prognosis for improvement is poor. And that as a result of his mental condition it is his opinion that he is liable to lose and dissipate his property and is apt to become the victim of designing persons. Furthermore, his welfare will not be promoted by his presence in Court. And attached to the affidavit is a detailed report of the consultation and his affirmative specific findings as to the mental condition. THE COURT: We will mark that Petitioner's Exhibit No.3 and it is admitted. l1R. McKEE: If Your Honor please, we are going to call just two witnesses. We are going to call the petitioner, who is the brother of Mr. Ellenberger. And we are going to call a Trust -4- Officer who is familiar with Mr. Ellenberger's financial affairs. THE COURT: You may proceed. ROBERT M. ELLENBERGER, called as a witness, being first duly sworn according to law, testified as follows: BY MR. McKEE: Q Mr. Ellenberger, will you state your full name? A My name is Robert M. Ellenberger. Q Your address? A 3310 Trindle Road, Camp Hill, Pennsylvania. Q Your address, was this also your family home? A Yes, sir. Q Did your parents live there? A Yes, sir. Q Did your brother, John, live there? A Yes, sir. Q You are the petitioner asking that a guardian be appointed for your brother? A Yes, sir. Q Where is your brother now? A He is in Veterans Hospital inCoatesville, Pennsylvania. Q How long has he been there? -5- A Approximately thirty years. Q Have you visited him there? A Yes, I visit him approximately once a month. Q When was the last you saw him? A About a month ago. Q What is his condition? A He is unable to talk and he just mumbles. And the doctor says he is not sure that he recognizes me, but he does smile at me when I come in and he does shake my hand. Q In your opinion would a guardian be for his benefit? A Yes, sir. Q Is he able to take care of his property? A No, sir. Q Would he be liable to become a victim of designing persons? A Yes, sir. Q Are you familiar with his financial affairs? A Yes, sir. Q If the Court sees fit to appoint a guardian for John, would you make any suggestions as to who should act as guardian? A I feel that the Trust Officer down at Dauphin Deposit Bank. Q Do you know when John first became a patient in any hospital? A He was admitted to the State Hospital up here at 11th and McClay, I believe it was 1947. -6- Q At the time he was admitted, where was John's residence? A He was a resident of 3310 Trindle Road, Camp Hill, Pennsyl- vania. Q Which is in what county? A Cumberland County, sir. MR. McKEE: If the Court please, I have no further questions of this witness. We will develop more fully the financial affairs through the Trust Officer. THE COURT: I have a few questions. BY THE COURT: Is it correct that your brother was never married? That is correct, sir. Your parents are both deceased, are they? Yes, sir. You are the only brother? Yes, sir. Are there any living sisters? No, sir. Your brother first went into the State Hospital in you know was he in the military service during World Q A Q A Q A Q A Q 1947, do War II? A Q Yes, sir. Was that condition apparently caused by some service- connected problem, do you know? -7- A I think it was aggravated by it, but I believe he was psychotic and schizophrenic before that. Q Before he went in the service? A Yes, sir. THE COURT: MR. McKEE: That is all I have. Thank you, you may step down. PAUL J. HANNA, called as a witness, being first duly sworn according to law, testified as follows: BY MR. McKEE: Q Would you please state your full name and address? A Paul J. Hanna, R.D. 2, Dillsburg. Q Mr. Hanna, what is your business or profession? A I am a Trust Officer with the Dauphin Deposit Bank and Trust Company. Q How long have you been connected with Dauphin Deposit? A Eight years. Q Are you familiar with the affairs of John W. Ellenberger? A Yes. Q How did you happen to become familiar with his affairs? A For one thing I administer a trust that was established under the will of John Wesley Ellenberger's grandfather, who is also named John Wesley Ellenberger. John Wesley Ellenberger, the -8- grandson, is now entitled to receive one half of the income from said trust. In addition, Dauphin Deposit administered the estate of Hilma M. Ellenberger, John Wesley's mother, who had been collecting social security and handling a checking account and a trust account which was established in her name and trust for John Wesley Ellenberger. Q Did you look in or become familiar at all with the social security of John W. Ellenberger? A The Veterans Hospital, Mr. Zarkoni (phonetic) who is the caseworker there for John Wesley Ellenberger, advised us that they felt that John had been receiving $200.00 a month approxi~ately in social security benefits that were no longer being paid, as Mrs. Ellenberger had been receiving them for John during her life- time. And those payments were stopped upon her death. Q Are you familiar with any other trust in which John W. Ellenberger is a beneficiary? A It's our understanding that National Central administers a trust. And they have advised us that they now have accumulated approximately $18,000.00 in income from said trust for John. Q Would you have any idea about what his estate for which a guardian would be responsible? A A guardian would be responsible for any amounts of social security benefits that have been accumulated since the death of Mrs. Ellenberger in February of 1977. The guardian would be responsible -9- for the accounts which Mrs. Ellenberger had for John at CCNB, which total approximately $9,000.00 at this time. The guardian would also seem to be responsible for any accumulated income which National Central is holding for John. As I indicated, that they have advised that the amount of that would be $18,000.00. In addition, there is accumulation of income from the testamentary trust under John's grandfather's will, which now totals $35,000.00 in accumulation. But that would be separate from the guardianship account. Q Why would that be separate? A Because under the terms of John's grandfather's will Dauphin Deposit is appointed as co-testamentary guardian for those assets as long as John is not competent to administer those assets. Q Do you know whether there was any guardian appointed for the other trust for John? A There were proceedings in Dauphin County in that regard. And testimony was given as to the competency of John at that time. Q Yes, but I am asking you, are you at all familiar with the trust instrument as to whether there was any guardian appointed in that instrument for that trust? A Yes, under the will of John Wesley Ellenberger, John's grandfather, Dauphin Deposit and Samuel Phillips and John Phillips are appointed co-testamentary guardians. ~10- Q But in the other instrument, do you know? A For National Central? Q Yes. A No, I do not know. I have not seen that instrument. Q About how much would the income which would come under the guardianship amount to? A The accumulation of National Central would result in income of $1,000.00 approximately. The $9,000.00 at CCNB would result in income of perhaps another $500.00. In addition, whatever the accumulation is on the social security benefits would also result in some income. Q Do you know where John is at the present time? A He is at the Veterans Hospital in Coatesville. Q Have you been in communication with them? A Yes. Q In your opinion knowing John's financial affairs, would it be to his benefit that a guardian be appointed? A Yes. Q If the Court would see fit to appoint the Dauphin Deposit Bank and Trust Company, would it be willing to act as such? A Yes, it would. Q Do you know if under the present situation while John is at the hospital does he have any great need for income, do you know? -11- A We have been advised by Mr. Zarkoni, the caseworker at the Veterans Hospital for John, that John has no need for funds for any expenses whatsoever. MR. McKEE: Your Honor, I have no further questions. THE COURT: I have no questions at this point. MR. McKEE: You may step down. If the Court please, I would like to offer a decree. The name of the guardian is not filled in, but I will be glad to fill it in. (Whereupon, the proposed decree was signed by the Court.) (Whereupon, Court adjourned at 1:50 P.M.) -12- IN THE MATTER OF THE ESTATE ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OF JOHN W. ELLENBERGER AN ALLEGED INCOMPETENT NO. 619 ORPHANS' 1978 I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the hearing of the above cause and that this is a correct transcript of same. &'!rlJtVdl t Y2tt/P~ Barbara E. Nickolas Official Stenographer The foregoing record of the proceedings upon the hearing of the above cause is hereby approved and directed to be filed. 1-. Date (7, (1)9 , I JJ....u:.~ Harold E. Sheely, Ninth Judicial District J. -13-