HomeMy WebLinkAbout08-4940CUMBERLAND COUNTY AGING & IN THE COURT OF COMMON PLEAS OF
COMMUNITY SERVICES, CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
VS. NO. ??? 7 / 7 ?3?? I
CIVIL ACTION - LAW
MILDRED MILLS,
Respondent 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 se g., 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, Mildred Mills, an older adult, age 78, had, until August 14,
2008, resided at 56 Fairway Drive, Camp Hill, Cumberland County, Pennsylvania with
her husband, Curtis Mills.
3.
On or about August 14, 2008, Curtis Mills who suffers from Parkinsons disease
was taken to the VA hospital in Lebanon, Pennsylvania where he was admitted.
4.
The only other known relatives of the Respondent are:
1. Curtis Mills, Jr. - Son
108 Miller Lane
Harrisburg, PA 17110
2. Sandra Powell - Daughter
3514 Franklin Avenue
Mechanicsburg, PA 17050
5.
On or about August 15, 2008, the Petitioner, through it's authorized
representative, visited Mildred Mills at her residence where she was found on the floor,
with her son present.
6.
Petitioner's authorized representative determined on August 15, 2008 that:
a. Mrs. Mills has neuropathy in her legs and feet that prevent her from
walking and she was unable to get up; and
b. Mrs. Mills has breast cancer that has metastasized to her liver and bones.
7.
Further investigation determined that Mrs. Mills fell twice on Thursday, August
14, 2008, and was found by Michael Zlatar, a nephew, who returned to the house around
3:00 P.M. after taking her husband to the VA hospital.
8.
The medical doctor who is treating Mildred Mills believes that the condition of
Mrs. Mills requires 24 hour care.
9.
On August 15, 2008, Mildred Mills, being uncooperative, adamantly refused to
leave her home and accept Petitioner's offer to place her in a safe environment or to
secure 24 hour care for her in her home.
10.
Petitioner's authorized representative had reason to believe that Mrs. Mills was
estranged from her daughter.
11.
Petitioner believes and, therefore, avers that the least restrictive involuntary
protective services required in this case is the immediate removal and transportation of
Mildred Mills to an appropriate facility, including but not limited to a nursing home
where she can receive 24 hour care.
12.
On Friday, August 15, 2008, at approximately 4:15 P.M. the Solicitor for
Petitioner contacted Judge M.L. Ebert, Jr. and presented the above mentioned
information based upon the matter being an emergency and requested an Order of Court
authorizing Petitioner to remove Mildred Mills from her residence and transfer her to an
appropriate facility, including but not limited to a nursing home and to admit her to said
facility for care. A copy of said Order of Court is attached hereto, marked as Exhibit "A"
and incorporated herein by reference.
13.
When Petitioner's authorized representative went to the house of Mildred Mills
for the purpose of executing the Order of Court, Mildred Mills was not in her home and
the locks to her house had been changed.
14.
Mildred Mills was later found at the home of her daughter, Sandra Powell, who
was initially uncooperative.
15.
Subsequently, Sandra Powell, the daughter, made arrangements for her mother,
Mildred Mills, to have 24 hour care by the Visiting Angels at the mother's house located
at 56 Fairway Drive, Camp Hill, Pennsylvania.
16.
Petitioner believes and, therefore, avers that the emergency situation has been
resolved, for the present, by Mildred Mills returning to her home with 24 hour care by the
Visiting Angels.
17.
Petitioner shall monitor Mrs. Mills to insure that she continues to receive the 24
hour care which will allow her to safely remain in her home.
WHEREFORE, Petitioner respectfully requests that this Honorable Court dismiss
the Emergency Order of Court entered on August 15, 2008.
Respectfully submitted
DATED: August 18, 2008 > 0?,
Anthony L. De ca
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: 91) $1118 Q/?.t???Q &9An -
Priscilla Whitman
1
CUMBERLAND COUNTY OFFICE IN THE COURT OF COMMON PLEAS OF
OF AGING AND COMMUNITY CUMBELRAND COUNTY, PENNSYLVANIA
SERVICES,
V.
MILDRED MILLS : NO. CIVIL 2008 -q$C?6
ORDER OF COURT
AND NOW, this 15th day of August, 2008, upon consideration of the oral
motion made by Anthony L. DeLuca, Esquire, Solicitor for the Cumberland
County Office of Aging and Community Services, pursuant to 35 Pa.C.S.A.
§10225.307, that an emergency has arisen wherein Mildred Mills is in eminent
risk of death or serious physical harm if the Agency does not immediately
intervene;
IT IS HEREBY ORDERED AND DIRECTED that Cumberland County
Office of Aging and Community Service is authorized to remove Mildred Mills
from her residence and transfer her to an appropriate facility, including but not
limited to a nursing home and to admit her to said facility for care.
IT IS FURTHER ORDERED AND DIRECTED that if necessary, Law
Enforcement Agencies within the county shall render assistance to the Office of
Aging and Community Services in the execution of this Order.
EXHIBIT "A"
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IT IS FURTHER ORDERED AND DIRECTED that the Solicitor is directed
to file an appropriate written petition with this Court in this matter on Monday,
August 18, 2008.
By the Court,
In`l
M. L. Ebert, Jr., ' ( I J.
Anthony DeLuca, Esquire
Solicitor, Cumb. Co. Office of Aging
And Community Services
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CUMBERLAND COUNTY OFFICE IN THE COURT OF COMMON PLEAS OF
OF AGING AND COMMUNITY CUMBELRAND COUNTY, PENNSYLVANIA
SERVICES,
V.
MILDRED MILLS : NO. CIVIL 2008 -41996
ORDER OF COURT
AND NOW, this 15th day of August, 2008, upon consideration of the oral
motion made by Anthony L. DeLuca, Esquire, Solicitor for the Cumberland
County Office of Aging and Community Services, pursuant to 35 Pa.C.S.A.
§10225,307, that an emergency has arisen wherein Mildred Mills is in eminent
risk of death or serious physical harm if the Agency does not immediately
intervene;
IT IS HEREBY ORDERED AND DIRECTED that Cumberland County
Office of Aging and Community Service is authorized to remove Mildred Mills
from her residence and transfer her to an appropriate facility, including but not
limited to a nursing home and to admit her to said facility for care.
IT IS FURTHER ORDERED AND DIRECTED that if necessary, Law
Enforcement Agencies within the county shall render assistance to the Office of
Aging and Community Services in the execution of this Order
EXHIBIT "A"
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CUMBERLAND COUNTY OFFICE IN THE COURT OF COMMON PLEAS OF
OF AGING AND COMMUNITY CUMBELRAND COUNTY, PENNSYLVANIA
SERVICES,
V.
MILDRED MILLS NO. CIVIL 2008 O? ` rq q L
ORDER OF COURT
AND NOW, this 15th day of August, 2008, upon consideration of the oral
motion made by Anthony L. DeLuca, Esquire, Solicitor for the Cumberland
County Office of Aging and Community Services, pursuant to 35 Pa.C.S.A.
§10225.307, that an emergency has arisen wherein Mildred Mills is in eminent
risk of death or serious physical harm if the Agency does not immediately
intervene;
IT IS HEREBY ORDERED AND DIRECTED that Cumberland County
Office of Aging and Community Service is authorized to remove Mildred Mills
from her residence and transfer her to an appropriate facility, including but not
limited to a nursing home and to admit her to said facility for care.
IT IS FURTHER ORDERED AND DIRECTED that if necessary, Law
Enforcement Agencies within the county shall render assistance to the Office of
Aging and Community Services in the execution of this Order.
IT IS FURTHER ORDERED AND DIRECTED that the Solicitor is directed
to file an appropriate written petition with this Court in this matter on Monday,
August 18, 2008.
By the Court,
M. L. Ebert, Jr., ' I \ J.
Anthony DeLuca, Esquire
Solicitor, Cumb. Co. Office of Aging
And Community Services
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AUG 18,2008?b
CUMBERLAND COUNTY AGING & IN THE COURT OF COMMON PLEAS OF
COMMUNITY SERVICES, CUMBERLAND COUNTY, PENNSYLVANIA /
Petitioner
VS. : NO. D19 `99 q6 ?tu? L??i?2•-•-1
CIVIL ACTION -LAW
MILDRED MILLS,
Respondent OLDER ADULTS PROTECTIVE
SERVICES ACT
ORDER
th
AND NOW, to wit, this ($ day of A u vJ , 2008, it is ORDERED and
DECREED that the Order of Court entered on August 15, 2008 be dismissed without
prejudice.
BY THE COURT:
M.L. Ebert, Jr., J.
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