HomeMy WebLinkAbout01-20-12IN RE: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NOBUE SHELLER, :ORPHANS' COURT DIVISION
An alleged incapacitated person
NO. 2I-12-
PETIT. ION FOR THE APPOINTMENT OF
PERMANENT PLENARY
G__U_ ARDIANS OF THE PERSON AND ESTATE
PURSUANT TO 20 P.S. §5511
AND NOW COMES THE PETITIONER, the Cumberland County Aging &
Community Services, in and for Cumberland County, Pennsylvania, by its solicitor,
Anthony L. DeLuca, Esquire, who represents and avers as follows:
The Petitioner is the Cumberland County Aging & Community Services, in and
for Cumberland County, Pennsylvania, with its office located at 1100 Claremont Road,
Carlisle, Cumberland County, Pennsylvania.
2.
The alleged incapacitated person is Nobue Sheller, age 73, who is currently in the
Holy Spirit Behavioral Health Center at Holy Spirit Hospital, and has a residence located
at 2056 Spring Road, Carlisle, Cumberland County, Pennsylvania.
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The only known relative of the alleged incapacitated person is:
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a. Michael Sheller -Son ~ ~
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1810 North Salem Road `
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The Petitioner is not related to No
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5.
The Petitioner's interest is that of a welfare agency concerned with her welfare
and is familiar with her case.
6.
Nobue Sheller has, for at least three (3) months, been incapable of managing and
caring for herself and her fmancial affairs.
7.
Nobue Sheller exhibits symptoms of mental incapacity, including but not limited
to abstract capacity and reasoning are compromised, her memory in running conversation
is impaired, and presents with clear and pervasive delusional thought content and likely
vascular dementia.
8.
Nobue Sheller's mental incapacity prevents her from managing and caring for the
affairs of her person and estate.
9.
On or about December 9, 201 I, Petitioner filed a Petition for Involuntary
Intervention by Emergency Court Order to No. 11-9140 and, after hearing on December
12, 201.1, a Protective Order of Court was entered wherein Nobue Sheller was found by
clear and convencing evidence to be in imminent risk of death or serious physical harm
unless appropriate supervision was provided. A copy of the Petition and Protective
Order are attached hereto, marked as Exhibit "A" and incorporated herein by reference.
10.
Nobue Sheller, the alleged incapacitated person, resided at 2056 Spring Road,
Carlisle, Pennsylvania up to December 9, 2011 and, on or about that date. authorities
from North Middleton Township, Cumberland County, Pennsylvania condemned her
home as being unfit for human habitation.
11.
A number of notices have been posted against the property for codes violations.
12.
On January 10, 2012, Christopher Royer, Psy.D., went to the Behavioral Health
Unit at Holy Spirit Hospital for the purpose of conducting a psychological evaluation.
A copy of Dr. Royer's report is attached hereto, marked as Exhibit "B", and incorporated
herein by reference.
13.
Christopher Royer, Psy.D., concluded that Nobue Sheller is incapable of making
medical, personal or financial decisions.
14.
Petitioner believes and, therefore, avers that Nobue Sheller's income consists of
approximately $500.00 a month.
15.
Petitioner requests that it be appointed Plenary Guardian of the Person and Estate
on both an emergency and permanent basis.
16.
The proposed Guardian has no interest which is adverse to the interest of Nobue
Sheller.
17.
Petitioner believes, and, therefore avers that Nobue Sheller does not already have
a Guardian.
18.
Petitioner asserts that Nobue Sheller is incapacitated as defined in Chapter 55 of
the Probate Estates and Fiduciaries Code.
19.
Because of her impaired mental and physical condition, Nobue Sheller lacks the
capacity to provide for her own personal care and maintenance.
20.
Because of her impaired mental and physical condition, Nobue Sheller is unable
to manage her financial affairs, property and business and to make and communicate
responsible decisions relating thereto.
21.
A power of attorney would be a less restrictive alternative than Guardianship but
Nobue Sheller currently does not have an attorney-in-fact and she lacks the capacity, at
present, to appoint one.
22.
To Petitioner's knowledge, no previous application has been made for the order
herein requested or for a similar order.
23.
No other Court has ever assumed jurisdiction in any proceeding to determine the
incapacity of Nobue Sheller.
24.
Nobue Sheller, after a hearing before a delegate at Holy Spirit Behavorial Health
Center on January 18, 2012, will remain a patient at that facility for up to an additional
ninety (90) days.
25.
The failure to appoint Petitioner as Permanent Plenary Guardians of the Person
and Estate of Nobue Sheller will result in irreparable harm to the person and estate of
Nobue Sheller.
26.
To eliminate the imminent risk of harm to Nobue Sheller, Petitioner, if appointed
as the proposed Permanent Plenary Guardian of her person and estate, will seek to
immediately place her in a nursing home facility because that is the least restrictive
alternative available for her.
27.
Medical Assistance regulations as set forth in Nursing Care Handbook
instructions allow for the payment of Guardian fees as a deduction when determining
contribution toward cost of care.
28.
The amount of the Guardian's fee that is allowable as a deduction is the actual fee
paid subject to a maximum of 10% of the person's gross monthly income or $100.00 per
month, whichever is less.
WHEREFORE, the Petitioner respectfully requests that:
1. The Court appoint Cumberland County Aging & Community Services, in
and for Cumberland County, Pennsylvania as Permanent Plenary Guardians of the Person
and Estate of Nobue Sheller; and
2. Grant payment of a Guardian fee to Petitioner subject to a maximum of
10% of Nobue Sheller's gross monthly income.or $100.00 per month, whichever is less.
Respectfully Submitted,
c
Anthony L. ~ uca, Esquire ~ ~`~~~~
113 Front Street
P.O. Box 358
Boiling Springs, Pennsylvania 17007
(717) 258-6844
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Petition for
the appointment of Permanent Plenary Guardian of the Person and Estate of Nobue
Sheller pursuant to 20 P.S. §5511 are true and correct to the best of my knowledge,
information, and belief. I understand that any false statements contained herein are
subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to
authorities.
;.
Dated: ~ . ~~.,' (~ ~ ~ ~ . ~ - ~ ~~` _ '~~' -~ °~~' ~ ~ ~,_~
Diane Gourley `~
CUMBERLAND COUNTY AGING &
COMMUNITY SERVICES,
Petitioner
VS.
NOBUE SHELLER,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~~ ''~I T G
CIVIL ACTION -LAW
OLDER ADULTS PROTECTIVE
SERVICES ACT
IN RE: PROTECIVE ORDER
ORDER OF COURT
y ~ `occ.~it~ g
AND NOW, this ~ da of , 2011, after hearin the
Court does find by clear and convincing evidence that the Respondent is in imminent risk
of death or serious physical harm unless appropriate supervision is provided.
Accordingly, IT IS HEREBY ORDERED AND DIRECTED that the Cumberland
County Aging & Community Services shall provide involuntary intervention services,
and Nobue Sheller shall be removed, with the help of law enforcement, if needed, and
transported to a hospital for medical and psychological evaluations and treatment. Upon
release from the hospital, the Agency is authorized to transport her to an appropriate and
safe facility for placement.
By the Court,
s/ ~~ ¢~, /r7~~-mil
1.
Anthony L. DeLuca, Esquire
For the Petitioner
'~``' ~~ ,Esquire
For the Respondent
Cumberland County Aging & Community Services
EXHIBIT "A"
CUMBERLAND COUNTY AGING &
COMMUNITY SERVICES,
Petitioner
VS.
NOBUE SHELLER,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. `~ ~ ~~ yd
CIVIL ACTION -LAW
OLDER ADULTS PROTECTIVE
SERVICES ACT
ORDER
AND NOW, to wit, this / day of ~PU~'+~ c./ , 201 I, it is ORDERED and
DECREED that the within Petition be heard on the J~' day of ~Q~ 02011, at
~ ~ ~ ~ A .M o'clock, in Courtroom No.
Carlisle, Pennsylvania.
at the Cumberland County Courthouse,
'~"la/k- ~~~ty ,Esquire shall be appointed to represent the older adult.
Nobue Sheller, at this hearing.
BY THE COURT:
~~ ~ ~ ~
J.
CUMBERLAND COUNTY AGING &
COMMUNITY SERVICES,
Petitioner
VS.
NOBUE SHELLER,
Respondent
IN THE COURT OF.COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVAc~}lA
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NO.
CIVIL ACTION -LAW ~~'~ -
. __
`~
OLDER ADULTS PROTECTIVE =~ ~ ~ .'?
SERVICES ACT `-~--;==
PETITION FOR INVOLUNTARY INTERVENTION - ..~
BY EMERGENCY COURT ORDER
AND NOW, the Petitioner, Cumberland County Aging & Community Services,
by its Solicitor, Anthony L. DeLuca, Esquire, pursuant to the provisions of the Older
Adults Protective Services Act, 35 P.S. Sec. 10225.101 et sew, respectfully represents as
follows:
1.
The Petitioner, Cumberland County Aging & Community Services, with its office
located at 1100 Claremont Road, Cumberland County, Pennsylvania, is the local provider
of protective services for older adults in Cumberland County.
The Respondent, Nobue Sheller, an older adult, age 74, resides alone at 2056
Spring Road, Carlisle, Cumberland County, Pennsylvania.
3.
The only known relatives of the Respondent are possibly a son who may live in
Arizona and a daughter who lives in the South. Their names and addresses are currently
unknown.
4.
Petitioner, through it's authorized representative, visited the Respondent on or
about October 6, 2011 together with Ruben Lao, the Codes Officer for North Middleton
Township, and James Peterson, Police Officer for North Middleton Township.
5.
By letter dated October 7, 201 1, Paul M. Fegley, Chief Codes Inforcement Officer
for North Middleton Township directed to Nobue Sheller stated that, after reasonable
investigation it has been determined by the Building Code Official for the Township that
her current structure, in its current state, is in violation of a number of the Township
codes. A copy of said letter is attached hereto, marked as Exhibit "A" and incorporated
herein by reference.
6.
On or aobut October 5, 2011, The North Middleton Township Police received a
complaint of burglary from Nobue Sheller wherin she stated that someone broke into her
house, and cut the ceiling on the front porch in two places.
7.
The police officer who responded to the October 5, 2011 complaint observed poor
living conditions which included black mold and ceilings damaged from rai11, all of
which caused the reporting of this matter to the Petitioner.
8.
In another complaint to the police on or about June 17, 2011, the Respondent
wanted to get together with the police and catch the people getting into her house because
she noticed that someone had cut the ceiling and pulled the drywall down. In this
incident, Respondent thought that someone was hiding drugs.
9.
Petitioner has determined that Nobue Sheller has type 2 diabetes and
hyperlipidemia.
10.
Said investigation has further determined her to be non-compliant with her
medication, that there is no monitoring of her blood sugars and, on September 16, 2011..
her blood sugar was at 557, at which time she had polyuria due to uncontrolled diabetes.
11.
Petitioner's authorized representative has made the following observations of
Respondent and her house:
a. That the roof ceiling is falling in and is bowed in the center;
b. That the roof is leaking and floors are soaked;
c. That two space heaters are the only source of heat;
d. That only the heater by her bed has seen to be on;
e. That there is significant clutter where she sleeps and that is a fire hazard
which would prevent her from getting out of the house;
£ That buckets and large plastic tubs are inside the house to collect rain
water which is then used to flush the toilet;
g. That the living room is piled with plastic bottles and plastic bags full of
bottles;
h. That the house is full of mold;
i. That an electric outlet was burned caused by electric sparks when she tried
to plug in a vacuum cleaner; and
That Nobue Sheller sleeps in the back of the house which may have been a
garage at one time.
12.
On or about December 6, 2011, Petitioner filed a Petiton under Section 302
Mental Health Act based upon the very poor living conditions and the delusions and
paranoia but said Petition was denied.
13.
Petitioner, through its authorized representative, has on a number of occasions,
most recently on December 6, 2011, talked to the Respondent about moving out of her
home and, with their assistance, into a safe place but each time Nobue Sheller has refused
their offer.
14.
Petitioner believes and, therefore, avers that Nobue Sheller is at imminent risk of
death of serious physical harm if she continues to stay in her house.
15.
Petitioner believes and, therefore, avers that Nobue Sheller is in need of
Protective Services.
16.
Petitioner believes and, therefore, avers that the least restrictive involuntary
protective services required in this case is the immediate removal and transportation of
Nobue Sheller to a hospital where she can receive immediate medical treatment and
evaluation of any medical conditions that affect her.
17.
Petitioner further requests that while Nobue Sheller is in the hospital she have a
psychological evaluation for the purpose of determining her capacity to care for herself
and her financial affairs or, in the alternative, be directed to undergo a psycholgical
evaluation privately if not done at the hospital.
18.
The proposed services would remedy the situation and condition which present an
imminent risk of death or serious physical harm to Nobue Sheller.
19.
The proposed services are not over broad in extent or duration because Nobue
Sheller is unable to care for herself and is placed at imminent risk of death or serious
physical harm by no action being taken to protect her.
WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an
Emergency Order pursuant to the Older Adults Protective Services Act providing relief,
including but not limited to directing the Respondent, Nobue Sheller, to be removed from
her residence and transported to a hospital for evaluation and treatment of any medical
conditions, that she undergo a psychological evaluation in the hospital or privately and
that the Court schedule a hearing to be held not more than 72 hours from the signing of
this Order.
Respectfully submitted
,r. ,
DATED: December ~', 2011 '" ~-
Anthony L. DeLuca
P.O. Box 358
113 Front Street
Boiling Springs, PA 17007
Attorney for Petitioner
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Petition for
Involuntary Intervention by Emergency Court Order are true and correct to the best of my
knowledge, information, and belief. I understand that any false statements contained
herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
Dated: /~:~ I ~% / ~ f ~J~.,'h ~ ..~..~.,~!'~lla~.,
Priscilla Whitman
October 7, 2011
N obue Sheller
2056 Spring Road
Carlisle, PA 17013
Re: 2056 Spring Road
Dear Ms. Sheller:
On October 7, 2011 the Codes Department of North Middleton Township conducted an onsite
investigation of the home currently located at 2056 Spring Road, Parcel # 29-16-1094-028.
After reasonable investigation it has been determined by the building code official of North
Middleton Township that the current structure, in its current state, is in violation of the following
codes:
• Wall Covering - 2009 International Resident Code (IRC Section 8702)
• Roof-Ceiling Construction - 2009 International Resident Code (IRC Chapter 8 all)
• Roof Assemblies - 2009 International Resident Code (IRC Chapter 9 all)
• Electrical - 2009 International Resident Code (IRC Chapter(s) 34 through 40)
• Ingress and Egress - 2009 International Resident Code (IRC Section 8311.3, 8311.3.1.
8311.3.2, 8311.5, 8311.7, 8311.7.5, 8311.7.7, 8311.7.8, & 8312.1
• Potable Water & Sanitary Sewer - 2009 IRC Section 8306.1, 8306.2, 8306.3, 8306.4.
8307.1 & 8307.2
• Insulation -Wall, Ceiling, Floors - 2009 International Energy Conservation Code
(IECC) Section 402.1.1
• Mechanical/Furnace - 2009 IRC Section 303.8
All above sections and codes are available for review at the North Middleton Township office
building between the hours of 8:00 am. and 5:00 pm, Monday through Friday.
EXHIBIT "A"
Under Section 403.83(c) you are hereby given thirty (30) days after receipt of this letter to reply
with a written response as to the action you are taking to resolve or abate the above violations.
1~Is. Sheller, you are hereby given two Options:
Option 1: On or before November 15, 2011 all violations will be and shall be abated.
Option 2: The building will be demolished and all debris will be removed from the
site on, or before, November 15, 2011.
Please be advised that 2056 Spring Road, on October 7, 2011, has been declared unsafe for
human occupancy or use and as such has been sealed by North Middleton Township and
can no longer be used for human occupancy. Only those persons involved in repair and/or
those involved in the bid process for repairs shall be allowed in the above mentioned
structure.
It is the Township" s intention to remove the home and bill you for all cost incurred.
Sincerely,
Paul M. Fegley
Chief Codes Enforcement Officer
North Middleton Township
Cc; Solicitor
01-12-' 12 10:58 FFOf9-Cumberland Co .~; ~; C5
CHRISTOPHER ROYER.. PSY_D.
DONNA M. STRUCK, PSY.D., LPG
?1 i 9605529 T-109 P06C~2/004 F -46
GLINIGAL NEUROPSYCHO ~Y
CLINICAL PSYCHOIrpGY
COU)4SELING
~ONF)<DENTIAL: For Professional Y7se Only
Tla~ confidentiality of the information contained izi this doculncrxt is pzotected by the State Senate. Disclosusc of
this information without the pxopc;r written consent of the patient, the. patient's authori-:.ed legal re resentati ve,
or the patient's legal guardiarx is prohibited.
PSYCHOLOG)CCAL CONSULT~1,')<'CON
Client: NoBue Shellez Date of Evaluation: I/10/12
Ago: 73 Referral: CCOA
13ixth Date: 4/~/38 Rrocedure Code: 90801
~,ducatiou: Unknown,
Employzncnt_ )Mixed ,
BACICGROiTNA pNF`ORMATI<ON
General
lvi.s_ Sheller is referred foz an evaluAtion o£ her curxcz~t status, particiilarly as it pertains to lzer cap~city to make
decisions in her own interests.
lvfs. ShCI[cx is a 73~year old female (she states she is 75) who is currently haspitali2ed iz~ the Beh ioral fIealth
unit at holy Spirit hospital (HSI~. She states that she has been there for 30 days. S saw l~cx as outside
consultant, and as such, HSH appropriately did not allow for a chart review.
Ms. Sheller was A poor historian, as her speech was profoundly pexseverati've, and her thoughts ,
by delusional content. She states that the Office of Aging came to ltcx home and took pictures,l
that she actually lived in the part of the homme where the pictures 'were taken. She states that "it
that she lives in `unfinished YapanCSe roo~na." She latex status that people carne into her house a~
cutting a circle out of her ceiling. She feels that her reporting of this uicidcnt to the police is wl
prison." Records from CCOA notes indicate that she is at HSH on a 302 commitment (Decem>r
the paranoid delusions mentio~,ed above, Moreover, recozds indicate that she resides in a home
at all, and that she uses rain water to flush the toilet etc.
3314 MARKET STREL'T • SUfTE 20O • CAMP HILL- PA 17011
PHONE 717-761-6171 • FAX 717-761-6173
;re dominated
t she d~tlcs
Ls a rxtcss" but
bxolCe in,
She is "in
10, 2011.) for
~ith no utilities
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She feels that the representative from CCU~~. "imprisoned" her and has not found her a new home- She was
able to state that she is .not Ding allowed to return to.her current residence,
Go~nilive
She sports no cognitive cliff cultiCS. She feels chat he n~cmory is good.
Psychiatric/Psychological ~
CCOA, Rcords indicate a history of mental health Q~atntent in the past- Ms. Sheller denies any hi ory of
mental health treatment.
Medical
Recorded diagx-oses itaeludo hypertension, Diabetes (insulin dCpCn.dcnt) and high cholesterol. She was able to
tell me upon questioxazag that she takes insulin. fox diabetes. She slated that she had been "escort by ten to the
eighth guards" and held down to take hirr shot and hez pills. She reports that she sleeps. okay, bo at home and
in. the hospital. She states that her appetite i5 reduced. Records indicate thax she has zefused to is
medications, and that she does not zecognize that she needs them or that lxer living coz~ditiox~s are
has apparently refused placement help from CCOA.
Substance Use
She denies use of alcohol oz dings.
Social
her
Shc
She resides on her own. She states that skze does not have any family in the area. Sb.e is vrigix~aal from 3apaU.
RESULTS
General
Ms. Sheller was pleasant but not very cooperative with the evaluation. 5ho pzeseztted to the offic in HSl-1 and
i.~auxrediately began to talk about hez civil rights being violated. She often did not respond to ques 'ons and it
appexrCd that she Was quite compelled to talk about her "iuzprisonment" at the hospital. She wAS le to
recognize that CCOA is involved to help with her living situation, but she had little awareness off' lte reasons for
her admission. Expressive speech was pressured and heavily accented, although sla,e was 1.0U% rnprchendible
Thought processes were entirely perscvCrative and associations followed suit. mere vvas little t could be
done to break her away froax~ hex ramblings. Ovexall, her jud~nex,.t appeared to le completely co promised.
Cognitive Evnluanon
Shs would not pazacipate in formal testiztg_ She was not aware of hez surroundings beyond "bei
She was fairly aware of het length of stay. Her naemozy in mm~ing conversation was impaired.
able to state her age correctly. Abstract capacity and reasoning were comprotxtised_
337.4 MARKET STREET • SU[T~ 200 • CAMP Ht[.~, PA 17011
Pt-TONE 717-761-5171 • FAX ~7-761-f7173
in prison."
e was not
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Af~ect/Mood
Affect was tense and any. Slre becamC more agitated as the conversation proceeded, She could zrvt break
away fI'ozn a few focused delusiozzs- She reported her mood as angzy as well.
Awareness of Deficit ,
Ivis. Sheller exkdbited little to know awar•ancss of her defacits- She did not see any reason why sh could not
simply lea~re at this axaoment and rc-turn to her current home- ~
YMP~SSXOIVS
1V1s. Sheller is curzently i-n. a psychiatric hospital situatiozi. She has been hospitalized for exactly
She presents with cleat and pErvasivc delusional thought content anti a likely vascular dementia.
psychiatric status, a thorou~hh cogitative evaluarion was not possible. filer copp,itiwC i,mpalt3zxczrts
co]ave~ttion, but not quantifiable at this ti.~re. Typically patients improve significantly with trap
Given her length of stay and reported history of psychosis, it is not likely that she will see signif
impxnvement in the future.
At the current time, she is not considrrCd to be capable of making decisions in her own best irate
by PA State statute. He reasoning and her behavior are completely governed by a psychotic th0
which has proven to be intractable. Moreover, she is coz~sadereci to be at Fligh zrsk for manzpulat
malicious third parties. She requires 24 hour supervision in an environment where safety and m
adherence can be insured. A dem.et~tia based assisted living or nursing care environment would
She requires a Guardian to manaaa her finances, medical and personal decisions.
Thank you for this r rral.
Christopher Royer, psy.
Cluxical Neuropsychologist
Licensed Psychologist
3314 MARK~t" STR~1~'C • SUITE 200 • CAMP 1-~~n~, PA 17011
Pr~oNe 7T7-76"1-6171 • Fax 7t7-761-6173
e montb._
ecausc of hez
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ant stays.
as defined
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