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Home My WebLink About05-3416 CUMBERLAND COUNTY AREA AGENCY : IN THE COURT OF COMMON PLEAS OF ON AGING, ; CUMBERLAND COUNTY, PENNSYLVANIA Petitioner VS. : NO. 05 ~ :J 9ft ; CIVIL ACTION - LAW ~J~ CATHERINE HOOVER, 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~ 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, Catherine Hoover, an older adult, age 93, resides alone at 80 North Dickinson Road, Carlisle. Cumberland County, Pennsylvania. 3. The only other known relatives of the Respondent are: a. Miriam Hoover- Sister Messiah Village 100 Mt. Allen Road Mechanicsburg, Pennsylvania b. Patricia Bishop - Niece 220 Charles Road Clearfield, Pennsylvania 16830 c. Mary Means - Niece 2925 Philadelphia Avenue Chambersburg, Pennsylvania 17201 d. William Hoover - Nephew 206 Connolly Street West Lafayette, Indiana 47906-2724 The above are the closest relatives to the Respondent. There are an additional 18 nieces and nephews who reside in Pennsylvania, Virginia and Washington. 4. Until recently, the respondent and her sister, Miriam, resided together at the family home and received money from a trust administered by M&T Bank, Carlisle, Pennsylvania. 5. Arrangements were made by the Trust Department ofM&T Bank for both sisters to be admitted to the assisted living section of Messiah Village because Miriam has many medical issues which prevent her from living safely at home. 6. Both sisters agreed to go to Messiah Village but, when taken there on June 27, 2005, the respondent refused to stay and returned home. 7. On or about June 28. 2005, the Petitioner, through it's authorized representative, visited Catherine Hoover at her residence where she was found alone. 8. Petitioner's authorized representative also made the following observations on June 28, 2005: a. She was able to ambulate unassisted; b. She was watering her plants in her garden; c. She was alert to question the protective services worker's identity; d. She was able to do basic cooking; e. She admitted that she was afraid at night but she refused to allow arrangements to be made for an agency to have someone stay with her; and f. She did not appear to be at imminent risk. 9. Further investigation reflects that Catherine Hoover has dementia, is hard of hearing and suffers from delusionsfhallucinations. Such delusionslhallucinations are as follows: a. That there are groups of people who stand outside her house and sing at night; That people have climbed up onto the porch roof, have climbed in the windows, took clothes out of her house in black plastic bags and have also taken shutters off the windows; and That people have tied ropes around the trees and bushes. b. c. Her sister, Miriam, denies that anyone has been there. 10. Her primary care physician who has not seen her recently did not feel that her dementia had reached the point that Catherine Hoover was at imminent risk of danger. J1. Petitioner's authorized representative visited Catherine Hoover on June 29, 2005 and found her niece, Mary Means, and a neighbor, Robert Livingston, there gathering things to bring to the sister, Miriam, at Messiah Village, The Respondent again refused to go to Messiah Village claiming that people there were talking about her. She was obsessed with a picture that used to hang on the wall, accusing poop1e of taking it. Her sister states that Catherine hid it and cannot remember where she put it. 12, On Sunday, July 3, 2005, Catherine Hoover, while yelling, was found walking down the middle of North Dickinson Schoolhouse Road close to Walnut Bottom Road at 6:00 A.M.. Huntley Miller. a neighbor, stopped her before she got to Walnut Bottom Road and was told by Catherine that she needed help because there were people in her house who were singing and keeping her awake. She also claimed that the telephone did not work. 13. The neighbor, Huntley Miller. took her back home, determined that no one else was in the house and confirmed that the telephone did work. 14. As a result of the incident on Sunday, July 3,2005, her niece, Mary Means, came and took her to her home in Chambersburg for a couple of days but, on Tuesday, July 5, 2005, the Respondent demanded that she be returned home which Mary Means agreed to do. Another niece. Patricia Bishop, came from Clearfield, Pennsylvania and agreed to stay with Catherine Hoover for one night. 15. Petitioner believes and. therefore, avers that the least restrictive involuntary protective services required in this case is the immediate removal and transportation of Catherine Hoover from her home to a secured assisted living facility. 16. Petitioner is seeking an Order from this Court for the fo1\owing Protective Services: a. To seek an evaluation and treatment of her medical conditions; b. To have her evaluated by a psychiatrist or psychologist; and b. To develop a care plan for Catherine Hoover by Petitioner. 17. The proposed services would remedy the situation and condition which present an imminent risk of death or serious physical harm to Catherine Hoover. 18. The proposed services are not over broad in extent or duration because Catherine Hoover is unable to care for herself due to her mental condition 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. Catherine Hoover, to be removed from her home and transported to a secured assisted living facility for evaluation; to seek an eyaluation and treatment of her medical conditions; to have her evaluated by a psychiatrist or psychologist; and to develop a care plan for Catherine Hoover by Petitioner and that the Court schedule a hearing to be held not more than 72 hours from the signing of this Order. Respectfully submitted DATED: h ~ /tJ'o,r ~~)?&~~ ~- Anthony 1. ilca / r P.O. Box 358 113 Front Street Boiling Springs, PA 17007 Attorney for Petitioner VERIFICATION I hereby veriJy 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: ~\.A'1 Co, '2.&0.5"' cJ~~QQ Janet Paull (1 ....., = 0 ,.. = .- c.n " ~~ t' ;--;: . L- ~::n c:: . ~~ t>" I r_~C; C1' ~g .--i( ~ ~:~~:~ -0 _,- -r' :J.: (5:CJ ~'.~O (,.> ('jm &":- :i;! =< ~D Ul ., RECEIVED JUL 062005,.. CUMBERLAND COUNTY AREA AGENCY: IN THE COURT OF COMMON PLEAS OF ON AGING, : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner VS. : NO. D~~ 34/~ : CIVIL ACTION -L-\W ~~ CATHERINE HOOVER, Respondent . OLDER ADULTS PROTECTIVE : SERVICES ACT ORDER ~ AND NOW, to wit, this ~ day of July, 2005, it is ORDERED and DECREED that the within Petition be heard on the ~ day of .J:4=-, 2005, at /,'00 PM o'clock, in Courtroom No. ~ at the Cumberland County Courthouse, Carlisle. Pennsylvania Robert G. Frey, Esquire shan be appointed to represent the older adult, Catherine Hoover, at this hearing. VINV^1,\.8NN3d II NnN', t''', "c!"' '-'~,^ln"'" I\J. 1...-1,/ -,._,!';-:' )::>:'In w 2S :f; Wd 9-1nr snnz 1JI't10NOHlQBd 3H! :10 3:JI:BO-Q3l1:l CUMBERLAND COUNTY AREA AGENCY ON AGING, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CATHERINE HOOVER, RESPONDENT 05-3416 CIVIIL TERM AND NOW, this ORDER OF COURT --, 'fL... day of July, 2005, following a hearing on the merits, and finding by clear and convincing evidence that Catherine Hoover, age 93, is mentally incapacitated with an inability to care for herself or her estate, IT IS ORDERED THAT: (1) She be immediately placed in a secure assisted living facility. That the facility shall now be Country Meadows with the goal of transferring her as soon as space is available to Messiah Village where her sister Miriam, age 88, and with whom she lived for a long period of time until last week, now resides. (2) A physical, psychological or psychiatric evaluation is ordered. (3) A care plan shall be developed by the Cumb,erland County Office of Aging for / Catherine Hoover. // BY)pe-60urt, LL Edgar B. Bayley, J. Anthony L. DeLuca, Esquire For Petitioner Robert G. Frey, Esquire For Respondent > J~ 4 C:::;~~~ ~ tU7~ 7/7/os- r "'" = = en <- c:: .- I -.l ~ ~ (11 :!J -oF;=; :,~O 26 ..,-"'r' "-,::d '-0 ""::.rn ~ ~ -< -0 3: ~? o o.D