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HomeMy WebLinkAbout05-20-15 , .� '� �, -za � :" o `-� � � �.':;':; �; �, __ ,_, �_. �-, -� �-> :.� _ ...,.. � �-,.� r.... N _ �.. � '"� : _� -f� �i � _�.� Jennifer B. Hipp, Esquire ' : ��; 1 West Main Street � � r�� «- Shiremanstown, PA 170ll � �' � (717) 737-8761 Attorney ID No. 86556 Assistant Cumberland County Solicitor For Cumberland County Aging and Community Services IN RE: : iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JEAN L. MILSOP, : An alleged incapacitated person : ORPHAN�' COURT DIVISION : NO. 21-15- 05�17 PETITION FOR APPOINTMENT OF PLEN,aRY GUARDIAN OF THE PERSON AND ESTATE IN ACCORDANCI=_�; WlT'H 20 Pa.C.S.A. § 5511 Petitioner Cumberland County Aging and Community Services, by its attorney, Cumberland County Assistant Solicitor Jennifer B. Hipp, sub�nits this Petition and in support thereof states the following: 1. Petitioner is Cumberland County Aging and Community Services, having an office located at 1100 Claremont Road, Carlisle, Pennsylvania. 2. The alleged incapacitated person is Jean L. Milsop, who is unmarried, age 85, with a last known permanent address of Country Inn & Suites, 4943 (Jettysburg Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Ms. Milsop had two extended stays at the Countxy [nn & Suites, with the most recent terminating on or about March 18, 2015. 1 �� 4. Ms. Milsop's first extended stay at the Country Inr� ��; Suites lasted approximately 18 months and her second extended stay lasted approximately ane year. 5. The staff at the Country Inn & Suites reported t� P-r,t.itioner that, commencing in November 2014 around the death of Ms. Milsop's brother, the following: a. Ms. Milsop became more agitated and forgetful, often questioning what day of the week it was; b. She told other hotel guests that she was being held hc�stage at the hotel; c. She made unfounded accusations towards othei�s, n�ainly hotel staff inembers, of theft of her personal belongings; d. She became more verbally abusive of others and physically abusive of others by striking out with her cane; and e. She would cause commotions in the hotel lobby, thereby upsetting other guests. 6. During her stays at the Country Inn& Suites, hotel staff made several calls to Ms. Milsop's only known child, David Milsop, who advised hotel staff never to call him again. 7. Ms. Milsop is believed to have been homeless and primarily living out of her automobile since her departure from the Country Inn & Suites in March 2015. 8. Petitioner filed an Emergency Petition for Appointn�.ent of Plenary Guardians of the Person and Estate in Accordance with 20 Pa.C.S.A. § 5513, w�hich was granted by this Honorable Court on May 8, 2015. 9. Ms. Milsop is presently residing at The Manor at Perry Village, 213 East Main Street, New Bloomfield, PA 17068. 10. Belal M. Elamir, M.D., of Pinnacle Health P�ych�logical Associates, evaluated Ms. Milsop. 2 ll. As a result of the psychological evaluation conducted by Dr. Elamir, Dr. Elamir concluded the following about Jean L. Milsop: a. She suffers from dementia; b. She displays significant problems with i�•ecent and remote memory; c. Her concentration was impaired but she an intact attention span; d. Her thought process was tangential and cantent devoid of delusions, obsessions or phobias; e. Her insight and judgment are poor; f. She displayed poor recall and had diffictilty ���ith copying a figure and naming obj ects; and g. She displayed poor executive functioni��g, was a poor historian and was lacking in safety awareness. 12. In addition to the findings made as a result of the evaluation by Dr. Elamir, Jean L. Milsop's medical diagnoses include dementia will delirium, chronic left hip pain due to degenerative join disease, unsteady gait and lower extremity edema, shortness of breath, B-12 deficiency, GERD, urinary tract infection and anxiety. 13. Petitioner has no interest that is adverse to th��t of Jean L. Milsop. 14. Petitioner believes that Jean L. Milsop does i�ot already have a guardian. 15. Petitioner avers that Jean L. Milsop is incapa�:itated as defined in Chapter 55 of the Probate, Estates and Fiduciaries Code. 16. Based upon statement made by Jean L. Milsc7p i:o l�etitioner, Petitioner believes that Ms. Milsop's income is approximately $1,535 per month in Social Security. 3 17. Petitioner believes that no previous applicatior� has been made to any court to declare Jean L. Milsop incapacitated and no Court has assumed jurisdiction in any proceeding to determine the incapacity of Jean L. Milsop. 18. Petitioner is not aware that Jean L. Milsop has ever executed a power of attorney or in any other way designated anyone to serve as her agent with respect to any matter pertaining to her. 19. The names and addresses of Jean L. Milsop's Icnown relatives are as follows: a. One adult son: David Milsop, 107 Lower 1'��-olick Drive, Indiana, PA 15701; b. One sister-in-law: Irmgard Smawley, 522,5 Wilson Lane, Apt. 1142, Bethany Village, Mechanicsburg, PA 17055; and c. One cousin or cousin-in-law: Glenn S1-ieaffer, 722 Stanley Avenue, Chambersburg, PA 17201. 20. Priscilla M. Whitman, Protective Services Investigator and Guardianship Caseworker, Petitioner, has attempted to reach by telepho:ne Ivls. Milsop's son, David Milsop, and cousin or cousin-in-law, Glenn Sheaffer, without success. 2 L Ms. Whitman was able to speak with Irmgarci Smawley, Ms. Milsop's sister-in-law, who is unable to provide assistance to Ms. Milsop. WHEREFORE, Petitioner Cumberland Courrty Aging and Community Services respectfully requests that this Court issue an Order appointing Petitioner plenary guardian of the person and estate of Jean L. Milsop. SIGNATURE CONTINUED Tll NL;�'T PAGE 4 �...�� , �, � Date: May � , 2015 __ �.�±� Jennifer B. i p, L;sq ire 1 West Main Street Shiremanstor�m, PA 17011 Cumberland (:'ounty Assistant Solicitor For Cumberland C'ounty Aging and Community Services 5 VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: May�C�, 2015 ��l.t,�G��:.�s��+- �� ��� ,r�-�t�JV�'`cv►il Priscilla M. Whitman, Protective Services Investigator and Guardianship Caseworker Cumberland County Aging and Community Services 6 CERTIFICATE OF SEP_VICE I, Jennifer B. Hipp, Esquire, hereby certify that I arn this day serving the foregoing Petition for Appointment of Plenary Guardian of Jean L. l�-1ils��p upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Shiremanstown, Pennsylvania, addressed as follows: David Milsop 107 Lower Twolic;k Drive Indiana, PA 15701 Irmgard Smawley 5225 Wilson Lane, Apt. 1142 Bethany Vill��ge Mechanicsburg, PA. 17055 Glenn Sheafi'er 722 Stanley Avenue Chambersburg, PA 17201 Brian O. Williams, Esq. Attorney for Jean I_,. Milsop Bayley & Mangan 17 W. South 5treet Carlisle, PA 17013 � Date: May 20, 2015 � ''_�, Jenni . l�pp, hsquire 1 West Main Street Shiremanstowri, F'A 17011 Cumberland County Assistant Solicitor For Cumberland County Aging and Community Services 7