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Home My WebLink About05-18-15 r � � � � � � � � ; -u =� — ,� _ ., - : , _ , � , � � � .n -; , _i , ;: � �; Jennifec B. Hipp, Esquire � `�"' o w -n 1 West Main Street Shiremanstowq PA 17011 (717) 737-8761 Attorney ID No. R6556 Assisiant Cumberland County Solici[or �or Cumberland County Aging and Communiry Services IN RE: : IN THL COURT OF COMMON PI,F.iIS OF : CUM6E2LAND COUNCY, PENNSYLVANIA JLAN I.. MILSOP, � An alleged incapacitated person �. ORPHANS` COURT DIVISION : N0. 21-15- '� .�71� F.MHRGENCY PF:TITION P'OR APPOINTMLNT OF PLENARY GUARDIANS OF THE PFRSON AVD r.STATE IN ACCORDANCE WI"CH 20 Pa C S A & 5573 Petitioncr �mberland Cou�ty Aging and Community Serviccs, by its attorney, Cumbcdend County Assistant Solicito�Jennifer B. Hipq submits this Petition and in support thercof states the Collowing: 1. Petitioner is Cumbedand CounTy Aging and CommuniTy Services, having an oflice loeated at 1100 Claremont Road, Carlisle, Pe�nsylvania. 2. The allegcd incapacitated parson is .iean L. Milsop, who is unmaz�ied, age 85, with a last known permane�t address of Country Inn & Suites, 4943 Getrysburg Road, Mechaniesburg, Cumbedand County, Pcnnsylvariia. 3. Ms. Milsop had two extended stays at the Country Inn & Suites, with the most reccnt tenninating on or about March 18, 2015. 1 � 4. Ms. Milsop's first extendcd s[ay at[he Country Inn & Suites lasted approxima[ely 18 mooths and hcr second extended stay lasted approximatcly one year. 5. 'fhc staff at the Country Inn & Suites reported to Petitioner that, commencing in Novcmbcr 2014 a�ound the death of Ms. Milsop's brother, the following: a. Ms. Milsop becamc more agitated and forgetfial, o(ien questioning what day of the wcck it was; b. She told othcr hotel guests [hat shc was being held hostagc at thc hotel; c. She madc unfounded accusations towards others, mainly hotel staff inembers, of theft ol�her personal belongings; d. She became more vecbally abusive of others and physically abusive of others by striking out with her cane; and a She would cause commotions in the hotel lobby, thereby upsetting other guesis. 6. Uuring hcr stays at the Country Inn & Suites, hotel stafFinade several calls to Ms. Milsop's only know� child, David Milsop, who advised ho[el staCf never to call him agaio. 7. Ms. Mils-op is believed to have been homeless and primarily Iiving out of her automobilc since her departure from ihe Country Inn & Suiles in March 2015. 8. Vls. Milsop is presently residing at the West Shore Hospital, 1995 'Pechnology Parkway, Mechanicsburg, PA 170�Q as a"social admission," having been admitted to the hospital on April 14, 2015 for increased eonfusion and weakness. 10. Petitionec bclicvcs that the West Shore Hospital will not permit Ms. Milsop to residc in its fzeility for much longer given that Ms. Milsop would be most appropcia[ely ca�ed Cor in a nursing facility. 2 1 I. Petitioner has Ieamed that �Che Manor at Perry Village, 2l3 East Main S[reey New IIloomfield, PA 17068, will admit Ms. Milsop lo its facility on Monday, May 11, 2015. 12. The Manor at Percy Village will not admit Ms. Milsop unless and unlil a legal gua�dian has bccn appointed for her, with thc necessary legal authority m admit Ms. Milsop ro The Manor at Perry Village. 13. Petitioner believes and therefore avecs that the West Shorc I Iospital is utilizing resources for the care of Ms. Milsop when Ms. Milsop does not rcquire the Ievcl of care provided by the Hospital. 14. Petitioner bclicves and the�elore avers that if Ms. Milsop is not admitted to the The Manor at Ycrry Village o� or about Monday, Vlay I l, 2015, ihat The Manor at Pcrry Village will ❑ot hold its availability lor the time required to pursue guardianship on a non-emergency basis. 15. P�ior to admission at the West Shore Hospital, Ms. Milsop had repeatedly presented hers-elf at the Lower Allen Township Police Station looking for help and a place to stay. 16. I3ela1 M. �lamir, M.D., of Pinnaele Health Psychological Assoeiztes, evaluated Ms. Milsop. 17. As a result of the psychological evaluation condueted by Dr. Elamir, Dr. Elamir concluded the following about lean l,. Milsop: a. She suffers from dementia; b. She displays significant problcros with recenl and remo[e memory; c. I Ier eoneentration was impaired but she an intact attention span; d. Her thought process was tangential and content devoid oCdelusions, obsessions or phobias; a Hcr insight and judgment arc poor; 3 f. She displayed poor rccall and had difficulty with copying a figurc and namiug obiects; and g. She displayed poor executive functioning, was a poor historian and was lacking in sxfety awarencss. 18. In addition to the findings made as a result of thc evaluation by Dr. Elamir, Jean L. Milsop's medical diagnoses inelude dementia will delirium, chronic left hip pain due to degenc�alivejoin disease, unsteady gai[and lower extrcmiry edeina, shortness of breath, B-12 deliciency, GP,RD,urinary tract infution and anxiery. 19. 6ased upon Jcan L. Milsop being homcicss and wilhoul familp members or friends ro assist in her carq Ms. Milsop's physical condition and the fi�dings of Dr. Elamir, the alleged incapaeitated person lacks capaeity, is in need of a guardiuq and the failure to make such an appoinnnent will result in irrcparable harm to the person and estate of Jean L. Milsop. 20. Petitioner has no interest that is adverse to that of Jean L. Milsop. 2 L Petitioner intcnds to arrange to have the alleged incapacitated person placed in an appropriate nursin� homq most likely with a secured unit due ro her anxicry and agitation, but is unable to do so without the authority as a legally appointed guardian. 22. Petitioncr believes that Iean I.. Milsop does not already have a bniardian. 23. Petitioner avcrs [hat Jean L. Milsop is incapacitated as defined in Chapter 55 of[he Probate. Estates a�d Fiduciarics Code. 24. F3ased upon statemcnt made by Jea� L. Milsop to Petitioner, Petitioner believes that Ms. Milsop's incomc is approximately $1,535 per month in Social Securit}°. 4 25. Petitioner believes that no previous applica[ion has been made to any court to declare Jeao L. Milsop incapaci[a[ed aod no Court has assumed jurisdiction in any proceeding to dctcrminc thc incapacity of Jea� L. Milsop. 26. Petitio�er is�ot aware that Jenri L. Milsop has ever exewted a powe� of attomey o� i� eny other way designated anyone to serve as her agent with respect to any matter pertaining to her. 27. The names and addresses of Jean L. Milsop's known relatives are as Ybllows: a. One ad�lt son: David Milsop, 107 i.ower Twolick Drive, Indiana, PA 15701; b. One sister-in-law: trmgard Smawley, 5225 Wilson Lane, Ap[. 1142, Bethany Village, Mechanicsburg, PA L7055; and c. One cousin or cousin-io-law: Glcnn Shcaffcr, 722 Stanlcy Avc�ue, Chambcrsburg, PA 77201. 28. Priscilla M. Whitman, Protective Services Investigato� and Guardianship Cas'ewo�ker, Petitio�er, has attempted to reach by telephone Ms. Milsop's son, David Milsog and cous-in or cousimin-law, Glenn Sheaffer, without success. 29. Ms. Whitman was able to speak with Irmgard Smawley, Ms. Milsop's sister-in-law, who is unable to provide assistance to Ms. Milsop. WHEREFORE, Petitione� Cumberland Cou�ty Aging and Community Services respcctfuliy requcsts that this Court: Q) [ssue xn Order appointing Petitioner as emergency plcnary guardian of the person and estate of 7ean L. Milsop pending a final hearing on this Petition and such other powers and restrictions as the CouR decros proper; 5 (2) Pursuant to 20 Pa.C.S.A. § 5513, fi�d that thc cmccgcncy necessitating the filing of this Petiiion will continuc bcyond scvenry-two (72) hours from thc da[c of any Emergency Order; (3) Pursua�t to 20 Pa.C.S.A. § 5513, schcdulc a final hcaring on or within twenry-three (23) days Itom the date of any Emergcncy Ordcc; and (4) Appoint Cumbedand County Aging&Community Services as Ihe Permanent Ptenary Guardian of thc Ycrson and Estatc of Jcan L. Milsop. ) Date: May , 2015 � � Jenm er . ip , Esq�i�e 1 West Mai Street Shircmanst wq PA 1701 I Cumberland County Assistant Solicitor Foc Cumbedand Coiu�ty Aging and Community Scrviccs 6 VF.RIFICATION I vcrify that thc statcments madc in the foregoing Petition are tme and correct. I imdcrstand that false statements herein are made subject to the penalties of I S PaCS. Section 4904 relating to unswom falsification to authorities. Uatr. May�, 2015 (J/L(,�C�YXst �� u�i✓✓�r+�� Priscilla M. Whitman, Prorectivc Scrviccs Investigator and Guardianship Caseworker Cumbcrland County Aging and Community Scrviccs 7 CERTIFICATE OF SF.RVICE 1, Jennifer B. Hipp, Esquirc, hereby certify that [ am this day serving the foregoing F.mergency Petition for Appointment ofPlenary Guazdian of Jean L. Milsop upon the following named indieidual this day by depositing same in the United States Mail, First Class, postagc prepaid, at Shiremanstowq Pennsylvania, addressed as follows: David Milsop 107 Lower Twolick Drive Indiana. PA 15701 Umgard Smawlcy 5225 Wilson I.ane, Apt. I 142 Bethany Villxge Mechanicsburg, PA 17055 Glcnn Shcaffer 722 Stanley Avenue Chambcrsburg, PA 17201 Datc: May 8, 2015 � Jennifer . iE p, E uire 1 West ain Strcet Shircmanstown, YA 1701 l Cumberland Counry Assistant Solicitor Por Cumbcrland County Aging and Community Services 8