HomeMy WebLinkAbout04-29-05
INRE:
: IN THE COURT OF COMMON PLEAS OF
: OF CUMBERLAND COUNTY, PENNSYLVANIA
CLARENCE MOFFITT,
An alleged incapacitated person
: ORPHANS' COURT DIVISION
: NO.
PETITION FOR THE APPOINTMENT OF
EMERGENCY PLENARY GUARDIAN OF THE PERSON AND ESTATE
IN ACCORDANCE WITH 20 P.S. ~5513 AND FOR PERMANENT PLENARY
GUARDIAN OF THE PERSON AND ESTATE
PURSUANT TO 20 P.S. ~5511
AND NOW COMES THE PETITIONER, the Area Agency on Aging, in and for
Cumberland County, Pennsylvania, by its solicitor, Anthony L. DeLuca, Esquire, who
represents and avers as follows:
1.
The Petitioner is the Area Agency on Aging, in and for Cumberland County,
Pennsylvania, with its office located at 16 West High Street, Carlisle, Pennsylvania.
2.
The alleged incapacitated person is Clarence Moffitt, age 66, who resides at 12
Valley Road, Newville, Cumberland County, Pennsylvania. He has resided there for a
period exceeding 1 year.
3.
The known relatives oftne Respondent are:
1. Isabel Travitz - sister
1347 Georgetown Circle
Carlisle, PA 17013
2.
Mary Koonce - sister
18 Valley Road
Newville, PA 17241
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3. Roger Moffitt - Nephew
1061 Graham' s Woods Road
Newville, PA 17241
4. Frank Moffitt - Brother
1025 Graham's Woods Road
Newville, P A 17241
5. Rebecca Clouser - Sister
Bobcat Road
Newville, PA 17241
6. Martha Moffitt - Sister
51 Mountain Street
Mt. Holly Springs, P A 17065
7. Ralph Moffitt- Brother
Whereabouts unknown
4.
The Petitioner is not related to Clarence Moffitt.
5.
The Petitioner's interest is that of a welfare agency concerned with his welfare
and is familiar with his case.
6.
Clarence Moffitt has, for at least three (3) months, been incapable of managing
and caring for himself and his financial affairs.
7.
Clarence Moffitt exhibits symptoms of mental incapacity, including but not
limited to dementia.
8.
Clarence Moffitt's mental incapacity prevents him from managing and caring for
the affairs of his person and estate.
9.
On or about April 21, 2005, Petitioner filed a Petition for Involuntary Intervention
by Emergency Court Order to No. 05-2041 Civil in the Office of the Prothonotary, in and
for Cumberland County, Pennsylvania and incorporates herein by reference the
averments contained in said Petition.
10.
A Hearing was held on said Petition referred to hereinabove on April 22, 2005
and, at that time, an Order was entered directing that Mr. Moffitt be taken into the
custody ofthe Office of Aging on a temporary basis, only so long as is necessary, to have
appropriate physical and mental health evaluations at Holy Spirit Hospital. Another
Hearing on that Petition is scheduled for May 2, 2005 at 3 :00 P.M. A copy of said Order
of Court is attached hereto, marked as Exhibit "A" and incorporated herein by reference.
11.
Mr. Moffitt was transported to Holy Spirit Hospital and was admitted there under
Section 302 ofthe Mental Health Act and, subsequently, kept there under Section 303 of
the Mental Health Act.
12.
Holy Spirit Hospital, while authorized to keep him there for a maximum of twenty
(20) days during which time it can continue the mental evaluation, may release him at
any time if a conclusion is reached that there is no longer a medical reason for keeping
him there.
13.
Mr. Moffitt, if discharged by Holy Spirit Hospital, would return to the same
conditions that existed at the time that the Petition for Involuntary Intervention by
Emergency Court Order was filed.
14.
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.
15.
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
pOIsonmg.
16.
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.
17.
Mr. Moffitt is unable to read, write, or count money. He worked for several years
at Kinney Shoes until he went on disability.
18.
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.
19.
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.
20.
Petitioner has also determined that Respondent's sister resides next door and has
provided care for him by way of meals and that his nephew also helps.
21.
Until recently, some family members had been living at the house and were
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.
22.
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.
23.
Mr. Moffitt has exhibited obsessive compulsive behavior concerning weed
wacking and spends most of his time doing this or gathering cans for recycling.
24.
Recent contact with Mr. Moffitt reflects that he is currently suffering from bouts
of diarrhea, complains of terrible headaches, and a decline in vision and hearing.
25.
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.
26.
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.
27.
Petitioner has determined from another neighbor that Mr. Moffitt had 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.
28.
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.
29.
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.
30.
Petitioner requests that it be appointed Emergency Plenary Guardian of the Person
and Estate of Clarence Moffitt.
31.
Petitioner requests that it be appointed Permanent Plenary Guardian ofthe Person
and Estate of Clarence Moffitt.
32.
The proposed Guardian has no interest which is adverse to the interest of Clarence
Moffitt.
33.
Petitioner believes, and, therefore avers that Clarence Moffitt does not already
have a Guardian.
34.
Petitioner asserts that Clarence Moffitt is incapacitated as defined in Chapter 55
of the Probate Estates and Fiduciaries Code.
35.
Because of his impaired mental condition, Clarence Moffitt lacks the capacity to
provide for his own personal care and maintenance.
36.
Petitioner has determined that the sole source of income for Clarence Moffitt is a
monthly SSI check of$579.00.
37.
Because of his impaired mental condition, Clarence Moffitt is unable to manage
his financial affairs, property and business and to make and communicate responsible
decisions relating thereto.
38.
A power of attorney would be a less restrictive alternative than Guardianship but
there is no existing Power of Attorney.
39.
No member of Clarence Moffitt's family is in a position to assume responsibility
as Guardian of his Person and Estate.
40.
To Petitioner's knowledge, no previous application has been made for the order
herein requested or for a similar order.
41.
No other Court has ever assumed jurisdiction in any proceeding to determine the
incapacity of Clarence Moffitt.
42.
Clarence Moffitt, if discharged from Holy Spirit Hospital, without a Guardian of
his Person and Estate,would be unable to function on his own at home and Petitioner
believes and, therefore, avers that Clarence Moffitt would be at imminent risk of serious
bodily harm because there would be no one to care for him.
43.
The failure to appoint Petitioner as Emergency Plenary Guardian of the Person
and Estate of Clarence Moffitt and later as Permanent Plenary Guardian of his Person and
Estate would result in irreparable harm to the person and estate of Clarence Moffitt.
44.
To eliminate the imminent risk of harm to Clarence Moffitt, Petitioner, if
appointed as the proposed Emergency and Permanent Plenary Guardian of his Person and
Estate, will seek to place him in an appropriate facility because that is the least restrictive
alternative available for him.
WHEREFORE, the Petitioner respectfully requests that:
I. The Court appoint the Area Agency on Aging, in and for Cumberland
County, Pennsylvania as Emergency Plenary Guardian of the Person and Estate of
Clarence Moffitt pending a final hearing on this Petition with such Emergency Guardian
having full power to place Clarence Moffitt at an appropriate facility and such other
powers and restrictions the Court deems proper;
2. Pursuant to 20 Pa.C.s.A. ~5513, the Court find that the emergency
necessitating the filing of this Petition will continue beyond seventy-two (72) hours from
the date of any Emergency Order;
3. Pursuant to 20 Pa.C.S.A. ~5513, the Court schedule a final hearing on or
within 23 days from the date of any Emergency Order; and
4. The Court appoint the Area Agency on Aging, in and for Cumberland
County, Pennsylvania as Permanent Plenary Guardian of the Person and Estate of
Clarence Moffitt.
Respectfully Submitted,
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Anthony :C. eLuca, Esquire I
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 Emergency Plenary Guardian of the Person and Estate in accordance
with 20 P.S. ~5513 and for Permanent Plenary Guardian of the Person and Estate
pursuant to 20 P.S. ~5511 of Clarence Moffitt 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: Aftt"", \ 2..C\) 'Loas:
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Janet Paull
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.
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Anthony DeLuca, Esquire
For the Petitioner
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David Lopez, Esquire
For the Respondent
Office of the Aging
EXHIBIT "A"
INRE:
IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY, PENNSYLVANIA
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RECEIVED APR 29 2005
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CLARENCE MOFFITT,
An alleged incapacitated person
ORPHANS' COURT DNISION
~ NO. '11-Cb - 04G1
PRELIMINARY DECREE
AND NOW, this.1 ~day of /11A V , 2005, in consideration ofthe
foregoing petition and on motion of the Area Agency on Aging, in and for Cumberland
County, Pennsylvania, through its Counsel, Anthony L. DeLuca, Esquire, it is
ORDERED AND DECREED that a Citation be awarded, directed to Clarence Moffitt
to show cause why Emergency Plenary Guardians of his Person and Estate should not be
appointed, and why he should not be adjudged an incapacitated person and permanent
plenary guardians of his person and estate should not be appointed.
The time and place of hearing on the Petition for Appointment of Emergency
Plenary Guardians of the Person and Estate of the alleged incapacitated person are fixed
for ~).. , 2005 at 3. () () ~.Ip.m., prevailing time in Courtroom
#L on the 4th Floor ofthe Cumberland County Courthouse, Orphan's Court Division,
Carlisle, Pennsylvania.
The alleged incapacitated person shall be given notice of the hearing on
appointment of Emergency Plenary Guardians of his Person and Estate by serving him
personally with the Citation and this Order of Court and a copy of the foregoing Petition
prior to the time of such emergency hearing.
The Court finds that the following additional notice to others of the hearing on
appointment of emergency plenary guardians of the alleged incapacitated person is
feasible under the circumstances and directs tha~ same be attempted to be made upon the
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following person in the following manner: Isabel Travitz; Mary Koonce. Roger Moffitt
Frank Moffitt, Rebecca Clouser, Martha Moffitt, by first class United States mail.
The time and place of hearing on the Petition for Appointment of Permanent
Plenary Guardians of the Person and Estate of the alleged incapacitated person are fixed
for 1t1.," S- , 20~ at 8:}O ~.Al.m., prevailing time in Courtroom
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#~ on the 4th Floor of the Cumberland County Courthouse, Orphan's Court Division,
Carlisle, Pennsylvania.
At least twenty (20) days written notice of the hearing on appointment of
permanent plenary guardians of the person and estate shall be given to Clarence Moffitt,
the alleged incapacitated person, by serving him personally with the Citation and this
Order of Court and a copy of the foregoing Petition together with an explanation of the
content and terms of the Petition. Additionally, at least 20 days written notice of the
Petition and hearing on appointment of a permanent guardian shall also be given to:
Isabel Travitz, Mary Koonce, Roger Moffitt, Frank Moffitt, Rebecca Clouser, Martha
Moffitt, by first class United States mail. The whereabouts of Ralph Moffitt, a brother,
are unknown.
David Lopez. Esquire shall be appointed to represent Clarence Moffitt, the
alleged incapacitated person.
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IN RE: CLARENCE MOFFITT
An alleged incapacitated person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
NO. 21-2005-0404
IMPORTANT NOTICE
CITATION WITH NOTICE
A petition has been filed with the Court to have you declared an Incapacitated Person. If the
Court finds you to be an Incapacitated Person, your rights will be affected, including your right to
manage money and property and to make decisions. A copy of the petition which has been filed by Area
Agency of Aging is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No. ~, Cumberland
County Courthouse, Carlisle, Pennsylvania, on May 2 , 20~, at 3 :00 P.M. to tell the
Court why is should not find you to be an incapacitated Person and appoint a Guardian to act on your
behalf.
To be an incapacitated Person means that you are not able to receive and
effectively evaluate information and communicate decisions and that you are unable to
manage your money and/or other property, or to make necessary decisions about where
you will live, what medical care you will get, or how your money will be spent.
At the hearing, you have the right to appear, to be represented by an attorney, and
to request a jury trial. If you do not have an attorney, you have the right to request the
Court to appoint an attorney to represent you and to have the attorney's fees paid for you
if you cannot afford to pay them yourself. You also have the right to request that the
Court order that an independent evaluation as to your alleged incapacity.
If the Court decides that you are an Incapacitated person, the Court may appoint a
Guardian for you, based on the nature of any condition or disability and your capacity to
make and communicate decisions. The Guardian will be of your person and/or your
money and other property and will have either limited of full powers to act for you.
If the court finds you are totally incapacitated, your legal rights will be affected
and you will not be able to make a contract or gift of your money to other property. If the
court finds that you are partially incapacitated, your legal rights will also be limited as
directed by the Court.
If you do not appear at the hearing (either in person or by an attorney representing you)
the court will still hold the hearing in your absence and may appoint the Guardian requested.
Date:5-2-05
By:
CI k, Orphans' Court Division
Cumberland County, Carlisle, PA
My Commission Expires 1 st Monday,
January, 2006
IN RE: CLARENCE MOFFITT
An alleged incapacitated person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
NO. 21-2005-0404
IMPORTANT NOTICE
CITATION WITH NOTICE
A petition has been filed with the Court to have you declared an Incapacitated Person. If the
Court finds you to be an Incapacitated Person, your rights will be affected, including your right to
manage money and property and to make decisions. A copy of the petition which has been filed by Area
Agency of Aging is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No. ~, Cumberland
County Courthouse, Carlisle, Pennsylvania, on May 25 ,2005 , at 8:30 A.M. to tell the
Court why is should not find you to be an incapacitated Person and appoint a Guardian to act on your
behalf.
To be an incapacitated Person means that you are not able to receive and
effectively evaluate information and communicate decisions and that you are unable to
manage your money and/or other property, or to make necessary decisions about where
you will live, what medical care you will get, or how your money will be spent.
At the hearing, you have the right to appear, to be represented by an attorney, and
to request a jury trial. If you do not have an attorney, you have the right to request the
Court to appoint an attorney to represent you and to have the attorney's fees paid for you
if you cannot afford to pay them yourself. You also have the right to request that the
Court order that an independent evaluation as to your alleged incapacity.
If the Court decides that you are an Incapacitated person, the Court may appoint a
Guardian for you, based on the nature of any condition or disability and your capacity to
make and communicate decisions. The Guardian will be of your person and/or your
money and other property and will have either limited of full powers to act for you.
If the court finds you are totally incapacitated, your legal rights will be affected
and you will not be able to make a contract or gift of your money to other property. Ifthe
court finds that you are partially incapacitated, your legal rights will also be limited as
directed by the Court.
If you do not appear at the hearing (either in person or by an attorney representing you)
the court will still hold the hearing in your absence and may appoint the Guardian requested.
By:
CI rk, Orphans' Court Divisi n
Cumberland County, Carlisle, P A
My Commission Expires l8t Monday,
January, 2006
Date:5-2-05