The URL can be used to link to this page

Home My WebLink About08-0242CUMBERLAND COUNTY AGING & COMMUNITY SERVICES, Petitioner VS. CLAIR JAMES REILLY, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. GAS • .LC/,Z 2"" z C CIVIL ACTION -LAW OLDER ADULTS PROTECTIVE SERVICES ACT PETITION FOR INVOLUNTARY INTERVENTION BY EMERGENCY COURT ORDER AND NOW, the Petitioner, Cumberland County Aging & Community Services, 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 sue, respectfully represents as follows: 1. The Petitioner, Cumberland County Aging & Community Services, 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, Clair James Reilly, an older adult, age 85, resides alone at 19 Colgate Drive, Camp Hill, Cumberland County, Pennsylvania. 3. The only known relatives of the Respondent are: a. Clarisse Homan - daughter 5859 Penns Valley Road Aaronsburg, PA 16820 b. James B. Reilly - son 318 North 8th Ave. Juaniata, PA 16601 C. Ronald J. Reilly - son 3612 Tannehill Drive Maryville, Tennessee 37801 4. Petitioner first became acquainted with the Respondent in 2005 and, during visits to his home since that time, he never allowed Petitioner's authorized representative to enter his home. 5. On or about January 11, 2008, the Petitioner, through it's authorized representative, visited Mr. Reilly at his residence but he did not come to the door. 6. On or about January 13, 2008, the Petitioner, through it's authorized representative, visited Mr. Reilly at his residence with his attorney, Thomas E. Flower, Esquire, but he did not come to the door even though he could be seen lying on a couch inside. 7. Investigation by Petitioner's authorized representative indicates the following: a. That the Respondent has been exhibiting a decreased ability to care for himself and his property during the past year; b. That the Respondent has appeared unkempt for several years, his personal hygiene is poor, clothing is fecal stained, and in the past week had an episode of bowl incontinence; C. That the Respondent has become increasingly confused; and d. That Respondent has been seen urinating and defecating in his yard. 8. Further investigation reveals that: a. The water to Respondent's house has been shut off since March 23, 2007 due to non-payment of the water bill; b. The house appears dark even though there is electricity to the house, apparently because the Respondent does not replace light bulbs; and c. The Respondent has been cited by Lower Allen Township for code violations concerning his home. 9. Petitioner has been advised by the Lower Allen Township Codes Officer that he is in the process of posting Mr. Reilly's house as being unfit for human habitation because of a lack of water service to the house. 10. It is not known when the Respondent was last seen by a physician nor is it known whether he is required to take any medications. 11. Petitioner believes and, therefore, avers that the least restrictive involuntary protective services required in this case is the immediate removal and transportation of Clair James Reilly to a hospital where he can receive immediate medical attention and evaluation of any medical conditions that affect him. 12. Petitioner is seeking an Order from this Court for the following Protective Services: a. To remove Clair James Reilly from his residence and transport him to a hospital for evaluation and treatment of any medical conditions; b. To have Clair James Reilly undergo a psychological evaluation, if deemed necessary, while a patient at the hospital or, after being released from the hospital; and c. To develop a care plan for Clair James Reilly by Petitioner. 13. The proposed services would remedy the situation and condition which present an imminent risk of death or serious physical harm to Clair James Reilly. 14. The proposed services are not over broad in extent or duration because Clair James Reilly is unable to care for himself 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 an Emergency Order pursuant to the Older Adults Protective Services Act providing relief, including but not limited to directing the Respondent, Clair James Reilly, to be removed from his residence and transported to a hospital for evaluation and treatment of any medical conditions requiring treatment and that the Court schedule a hearing to be held not more than 72 hours from the signing of this Order. Respectfully submitted DATED: January 14, 2008 3I An hony L. D Vca P.O. Box 358 113 Front Street Boiling Springs, PA 17007 Attorney for Petitioner VERIFICATION I hereby verify 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: IZZIL,.vcX,r l vn b' ?? Janet Paull r-? t`? . -' ? =n ? y? _ '? it ? .. :• ':: ?_ -? _;?, ... ?,; , JAN 14 2008 CUMBERLAND COUNTY AGING & COMMUNITY SERVICES, Petitioner VS. CLAIR JAMES REILLY, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Qg - .2 V-2- 01(" L cTiLtvi CIVIL ACTION - LAW OLDER ADULTS PROTECTIVE SERVICES ACT IN RE: PROTECIVE ORDER ORDER OF COURT AND NOW, this 4A day of #!n- , 2008, after finding clear and convincing evidence of the need for an Emergency Order, IT IS HEREBY ORDERED AND DIRECTED that the Cumberland County Aging & Community Services shall provide involuntary intervention services, and that Cumberland County Aging & Community Services shall be authorized, with assistance from appropriate authorities, to remove Clair James Reilly from his residence and transport him to a hospital for medical and psychological evaluations and appropriate treatment. Upon release from the hospital, the Agency is authorized to transport him to an appropriate and safe facility for placement, if deemed necessary following the evaluations. J. Anthony L. DeLuca, Esquire For the Petitioner Thomas E. Flower, Esquire For the Respondent e'.'Flts ?['LWL) -/,' 0 Cumberland County Aging & Community Services !?J CYo nli. CUMBERLAND COUNTY AGING & : IN THE COURT OF COMMON PLEAS OF COMMUNITY SERVICES, CUMBERLAND COUNTY, PENNSYLVANIA Petitioner VS. CLAIR JAMES REILLY, Respondent NO. OF- -2'1Z C1u d CIVIL ACTION - LAW OLDER ADULTS PROTECTIVE SERVICES ACT ORDER AND NOW, to wit, this 14(Aday of 52008, it is ORDERED and DECREED that the within Petition be heard on t:? 7 ` ? day of , 2008, at /100 A M o'clock, in Courtroom No. at the Cumberland County Courthouse, Carlisle, Pennsylvania. Thomas E. Flower, Esquire shall be appointed to represent the older adult, Clair James Reilly, at this hearing. BY OURT- J. r^a r _? CUMBERLAND COUNTY AGING IN THE COURT OF COMMON PLEAS OF & COMMUNITY SERVICES, CUMBERLAND COUNTY, PENNSYLVANIA Petitioner V. CLAIR JAMES REILLY, Respondent NO. 08-242- CIVIL TERM OLDER ADULTS PROTECTIVE SERVICES ACT ORDER OF COURT AND NOW, this 16th day of January, 2008, our Order of January 14, 2008, authorizing the emergency intervention of the Cumberland County Aging & Community Services is hereby ratified and affirmed. The last sentence of said order is amended to provide as follows: Upon release from the hospital, the agency is authorized to transport him to an appropriate and safe facility for temporary placement if deemed necessary following the evaluations. Further hearing in this matter upon request of either party. By the, _QjDur't Edward E. Guido, J. Anthony L. DeLuca, Esquire n For the Petitioner `'!,., ( 1ES m? ^- ?homas E. Flower, Esquire For the Respondent Cumberland County Aging & Community Services srs r?