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HomeMy WebLinkAbout05-2041 CUMBERLAND COUNTY AREA AGENCY ON AGING, Petitioner : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. O~- ,;J.o'fl CIVIL ACTION - LAW CLARENCE MOFFITT, Respondent : OLDER ADULTS PROTECTIVE : SERVICES ACT PETITION FOR INVOLUNTARY INTERVENTION BY EMERGENCY COURT ORDER AND NOW, the Petitioner, Cumberland County Area Agency on Aging, 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 seQ., respectfully represents as follows: 1. The Petitioner, Cumberland County Area Agency on Aging (CCAAA), with its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania, is the local provider of protective services for older adults in Cumberland County. 2. The Respondent, CLARENCE MOFFITT, an older adult, age 66, resides at 12 Valley Road, Newville, Cumberland County, Pennsylvania. 3. The known relatives of the Respondent are: I. Isabel Travitz - sister 1347 Georgetown Circle Carlisle, PA 17013 2. Mary Koonce - sister 18 Valley Road Newville, PA 17241 3. Roger Moffitt - Nephew 1061 Graham's Woods Road Newville, PA 17241 4. Frank Moffitt - Brother 1025 Graham's Woods Road Newville, PA 17241 5. Rebecca Clouser - Sister Bobcat Road Newville, PA 17241 6. Martha Moffitt - Sister 51 Mountain Street Mt. Holly Springs, PA 17065 7. Ralph Moffitt - Brother Whereabouts unknown 4. The Petitioner, through it's authorized representative, first visited the Respondent at his residence situated at 12 Valley Road, Newville, Pennsylvania in November, 2004 after a report was received that his electricity had been turned off due to lack of payment and that his furnace was not working. 5. At the time of the visit in November, 2004, the Respondent was heating the house with a kerosene heater and, a few weeks later, was transported to the Carlisle Regional Medical Center by his family where he was found to be suffering from carbon monoxide potsonmg. 6. The Petitioner, through it's authorized representative, has determined that the Respondent resides at his residence by way of a life estate established by his parents because he has been mentally challenged his entire life but has not been officially diagnosed as being mentally retarded. 7. Mr. Moffitt is unable to read, write, or count money. He worked for several yea at Kinney Shoes until he went on disability. 8. Petitioner's authorized representative has made the following observations of the property: a. That Mr. Moffitt is unable to care for the house; b. That the yard is cluttered with junk and garbage; c. That the rooms inside the house are also cluttered and piled with junk; d. That there is no running water at the house; and e. That the indoor plumbing does not work. 9. Petitioner's authorized representative has made the following observations of Mr. Moffitt: a. That his hygiene is very poor; b. That he has rarely bathed in the past and now refuses to do so; c. That he rarely changes his clothing; d. That his hair, skin, beard and clothes are filthy; e. That he is unable to cook and usually eats peanut butter and jelly sandwiches; and f. That he had been getting his drinking water from a nearby pond. 10. Petitioner has also determined that Respondent's sister resides next door and ha provided care for him by way of meals and that his nephew also helps. II. Until recently, some family members had been living at the house until they wer evicted because they allegedly had been taking money from Mr. Moffitt by force. As a result, Petitioner assisted Respondent's nephew, Roger Moffitt, in becoming the representative payee of his SSI check. 12. Mr. Moffitt previously would walk to Newville to cash his SSI check but, recently, has been seen sitting along the road and asking for rides more often. 13. Mr. Moffitt has exhibited obsessive compulsive behavior concerning weed wacking and spends most of his time doing this or gathering cans for recycling. 14. Recent contact with the Respondent reflects that he is currently suffering from bouts of diarrhea, complains of terrible headaches, and a decline in vision and hearing. 15. Petitioner has determined that, on June 3, 2004, Mr. Moffitt went to the emergency room at Carlisle Regional Medical Center for pain in his legs and, during that examination, it was discovered that he had a cholesteatoma in his right ear which is a growth. 16. On or about Sunday, April 10, 2005 and thereafter, Mr. Moffitt began to exhibit an acute change in his behavior. One neighbor reported that he entered his house six (6 times between April 10 and April 13, 2005 without knocking on the door or ringing the doorbell. He sat at the kitchen table and asked for money, water and food. The Pennsylvania State Police were called after one incident and took him home but he returned soon after and the State Police were called again. 17. Petitioner has determined from another neighbor that, during the past two (2) weeks, Mr. Moffitt has been coming over every day and staying for long periods of time. He has also been knocking on their door at 8 or 9 P.M. asking that he be driven home. 18. Petitioner avers and, therefore, believes that Clarence Moffitt is placed at imminent risk of death or serious physical harm by entering other peoples homes without knocking or ringing the doorbell. 19. The Petitioner made arrangements for Mr. Moffitt to undergo a physical examination at the Sadler Clinic on Monday, April 18, 2005 but on that date he refused to travel to Carlisle for the examination telling his sister that he does not have to go to a doctor because he talked to his father and his father told him that he would live for 16 more years. His father is deceased. 20. Petitioner believes and, therefore, avers that the least restrictive involuntary protective services required in this case is the immediate removal and transportation of Clarence Moffitt to a medical facility such as Carlisle Regional Medical Center or the Sadler Clinic where he can be examined, evaluated and treated regarding his medical an mental conditions. 21. Petitioner is seeking an Order from this Court for the following Protective Services: a. To remove Clarence Moffitt from his residence and transport him to eith Carlisle Regional Medical Center or Sadler Clinic for examination, evaluation and treatment of his medical condition and, examination, evaluation and treatment of his mental condition, including but not limite to a psychological evaluation; and b. To develop a care plan for Clarence Moffitt by Petitioner. 22. The proposed services would remedy the situation and conditions which present an imminent risk of death or serious physical harm to Clarence Moffitt. 23.. The proposed services are not over broad in extent or duration because Clarence Moffitt is unable to care for himself due to his medical and mental conditions and is placed at imminent risk of death or serious physical harm by no action being taken to protect him. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter n Emergency Order pursuant to the Older Adults Protective Services Act providing relief including but not limited to directing the Respondent, Clarence Moffitt, to be removed from his home and transported to Carlisle Regional Medical Center or Sadler Clinic for examination, evaluation and treatment of his medical condition and examination, evaluation and treatment of his mental condition, including but not limited to a psychological evaluation and that the Court schedule a hearing to be held not more tha 72 hours from the signing of this Order. Respectfully submitted, DATED: April 20, 2005 we Anthony L. eLuca P.O. Box 358 113 Front Street Boiling Springs, P A 17007 Attorney for Petitioner VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition r Involuntary Intervention by Emergency Court Order are true and correct to the best of y 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: ~ 2.6 ZOo.S: , Q) Janet Paull o c:} , ,...) :::.~ C..rt -,.,. ;::..-., ~.'J -<: :;::j f'>,) C:) o -n --< ,~h~ , , --..,P1 .j~, :..--n ;;~ ~.~~ i" -r:> ~) (~ c.n ~~~,l ~-'.J ~ ~ RECEIVED APR 2 0 2005 fY'v CUMBERLAND COUNTY AREA AGENCY ON AGING, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. :J<;"" - ;J {W i;J : CIVIL ACTION - LAW CLARENCE MOFFITT, Respondent : OLDER ADULTS PROTECTIVE : SERVICES ACT ORDER AND NOW, to wit, thisl/TdaYOf April, 2005, it is ORDERED and DECREED that the within Petition be heard on the 2;' N ~ay of f1J?fG 1. , 2005, at 9: 3d A .M o'clock, in Courtroom No. 5 at the Cumberland County Courthouse, Carlisle, Pennsylvania. ~ v., 'd Lah z ~ ~~ shall be appointed to represent the older adult, Clarence Moffitt, at this hearing. -., . J. J , ". j cli. l(ii.li I; aw:x c.."'rY ,. L-O, J qool Jt;Q. of Ifr'~ ~t~ .7 .~ III ';\'J ~' CI~l7 ~~~v ~1 l~ I" 2l.: CUMBERLAND COUNTY AREA AGENCY ON AGING, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-2041 CIVIL TERM CLARENCE MOFFITT, Respondent OLDER ADULTS PROTECTIVE SERVICES ACT ORDER OF COURT AND NOW, this 22nd day of April, 2005, after hearing, we find by clear and convincing evidence that if protective services are not provided, Mr. Moffitt is at imminent risk of death or serious physical harm. It is directed that he be taken into the custody of the Office of the Aging on a temporary basis, only so long as necessary, to have appropriate physical and mental health evaluation at the Holy Spirit Hospital. Further hearing in this matter is scheduled for May 2, 2005, at 3:00 p.m. . .""-" "---" court) Edward E. Guido, J. Anthony DeLuca, Esquire For the Petitioner David Lopez, Esquire For the Respondent J../ d ;;05" CuI- I'~) J'i<4- Office of the Aging srs ,'J cr' ,'"(\ .J .\., -; -; ~L~\1 (};'J.'" (,,0 (~,f. .c,'" t. ------------- ORDER OF COURT AND NOW, this 2nd day of May, 2005, the Court having ~ppointed the Area Agency on Aging as the emergency plenary iuardian for the person and estate of Clarence Moffitt, the 4bove-captioned protective service By th~rt, se is dismissed. ~thony DeLuca, Esquire ~or Petitioner -david Lopez, Esquire ~or Respondent vgffice of the Aging I .mlc ,,~ 7 '" ,.. !.c"p"OZ '1~:J:0 ;:.(J .i-.....,J!)