HomeMy WebLinkAbout09-8339CUMBERLAND COUNTY AGING & IN THE COURT OF COMMON PLEAS OF
COMMUNITY SERVICES, CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
VS. NO. COQ - 12.?34 C. tot L `?
CIVIL ACTION LAW
SYBIL ARMS,
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 seg, 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, Sybil Arms, an older adult, age 72, who currently resides at
1416 Market Street, Camp Hill, Cumberland County, Pennsylvania.
3.
The only known relative of the Respondent is DeAnn Newton, a sister, who
resides in Macon, Georgia.
4.
On or about December 1, 2009, Petitioner received a report of need concerning
the Respondent, which concern related to poor living conditions and self neglect in that
she was not eating and only drinking fluids.
5.
Petitioner's authorized representative has determined that respondent's
appearance is very poor, is not bathing or changing her clothes, and has very bad odor.
6.
During the past six (6) days, respondent has had the following nourishment:
a. One-half of a deviled egg and a pint of white rice;
b. Can of soda;
C. Quart of water, in a bottle of orange juice
7.
Petitioner's authorized representative, Camp Hill Borough Manager and Assistant
Borough Manager, on December 1, 2009, visited Respondent's residence and it was
determined that the home should be condemned.
8.
Further observations by Petitioner's authorized representative reflects the
following:
a. She is unable to get off her couch;
b. She appears to urinate and defecate in her clothing;
C. She has a splint on her right arm;
d. She is very thin;
e. She is unable to stand;
f. She has not been medically evaluated for a number of years;
g. She is very agitated and does not understand the consequences of not
seeking medical attention;
h. She has no food or water available for her cats and the litter box was
overflowing;
i. There are fleas in the home and newspapers and mail dating back to 2001;
j. She is not paying her bills; and
k. There was a cat in the freezer.
9.
On this date, December 2, 2009, the Lower Allen EMS arrived to take
Respondent to a hospital for evaluation but she refused to go and stated that she was not
living her home.
10.
Petitioner believes and, therefore avers, that Respondent is unable to care for
herself and is at imminent risk of death or serious bodily harm if there is no emergency
intervention.
11.
Petitioner is seeking an Order from this Court for the following Protective
Services:
1. To remove Sybil Arms from her residence and transport her to a hospital
for medical and psychological evaluations and admission to a hospital or
other appropriate facility.
12.
The proposed protective service would remedy the current situation and remove
the risk of death or serious physical harm to Sybil Arms.
13.
The proposed protective service is not over broad in extent or duration because
Sybil Arms is unable to care for herself due to her medical condition which places her at
risk.
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, Sybil Arms, to be removed from
her residence and transported to a hospital for evaluation and treatment of her medical
conditions and that the Court schedule a hearing to be held not more than 72 hours from
the signing of this Order.
Respectfully submitted
DATED: A
??r!'3,?an
Anthony L. b6tuca
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: /,-;Z/3/01? LUALt ?
Priscilla Whitman
n? THNE F NARY
r.
VG:: tL.
12/02/2009 17:13 FAX
CUMBERLAND COUNTY AGING &
COMMUNITY SERVICES,
Petitioner
VS.
MIL, ARMS,
Respondent
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. dQ -,W33q C,Vl 1
CIVIL ACTION -LAW
OLDER ADULTS PROTECTIVE
SERVICES ACT
ORDER
AND NOW, to wit, this Cl?day of December, 2009, upon presentation of
information by Petitioner via telephone directly to the Court and to Jane Adams, Esquire
who shall be appointed to represent the older adult, Sybil Arms, and based upon concern of
imminent risk of death or serious physical harm to Sybil Arms, it is ORDERED and
DECREED that the Petitioner be authorized remove Sybil Arms from her home and
transport her, with the assistance of law enforcement and/or emergency medical personnel,
to a hospital for appropriate medical and psychological evaluations. Petitioner shall also be
authorized to admit Sybil Ames to a hospital or other appropriate facility pending the
hearing in this matter.
It is further ORDERED and DECREED that the Petition in this matter be filed
immediately and a hearing be held on the 4`h day of December, 2009, at 2:00 P.M o'clock, in
Courtroom No. 2 at the Cumberland County Courthouse, Carlisle, Pennsylvania.
Jane Adams, Esquire shall be appointed to represent the older adult, Sybil Arms, at
this heating.
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2 0 0 9 DEC -3 Pal 2:33