HomeMy WebLinkAbout12-3924CUMBERLAND COUNTY AGING & IN THE COURT OF COMMON PLEAS OF
COMMUNITY SERVICES, CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
vs. NO. *.-K'_A.
CIVIL ACTION -LAW
EDWARD L. HILES, SR., : -
Respondent OLDER ADULTS PROTECTIVE
SERVICES ACT
PETITION FOR INVOLUNTARY INTERVENTION
BY EMERGENCY COURT ORDER
T
AND NOW, the Petitioner, Cumberland County Aging & Community Services,
by its Solicitor, Anthony L. DeLuca, Esquire, pursuant to the provisions of the Older °Q
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 1100 Claremont Road, Cumberland County, Pennsylvania, is the local provider
of protective services for older adults in Cumberland County.
2.
The Respondent, Edward L. Hiles, Sr., an older adult, age 76, resides alone at 7
Cherry Street- Apartment 1, Newville, Cumberland County, Pennsylvania.
3.
The known relatives of the Respondent are:
A. Edward L. Hiles, Jr. - Son
1024 Abbey Street
Lebanon, Pennsylvania 17042
B. Bonnie J. Rosenberry - Daughter
P.O. Box
Shade Gap, Pennsylvania
C. Barbara Long
Harrisburg, Pennsylvania
4.
Petitioner received a report of need on January 11, 2012 for self neglect and an
authorized representative of Petitioner visited the Respondent on or about January 13,
2012 where the following observations were made:
A. Respondent had difficulty ambulating a few feet;
B. His clothes were dirty and stained;
C. His jeans were quite loose and his belt was notched in the last hole;
D. His personal appearance and hygiene were poor;
E. Trash was strewn about;
F. Home delivered meal containers were on the floor; some with rotting food;
G. Opened and unopened mail wwas on the floor;
H. There were dirty clothes with bugs crawling around; and
1. Respondent appeared to be thin and advised that he had lost weight
5.
During the visit on January 13, 2012, Mr. Hilesd stated that he had problems
breathing and had severe pain from arthritis in his hands, arms and shoulders.
6.
Another visit took place on February 2, 2012, respondent answered the door
holding on to his jeans that were very big on him and, at that time, his apartment was
worse than on the prior visit.
7.
The apartment was scheduled for an inspection by the Housing Authority on
February 8, 2012 and a chore crew from Petitioner's office was needed to help him clean
it up due to the conditions in the apartment.
8.
As a result of Petitioner's efforts, the respondent passed the inspection but since
that time his apartment has reverted back to being filthy with trash around his
chair,unopened mail, rotting food, spit cups all over, fecal matter on the sofa and dirty
clothes scattered throughout the apartment.
9.
There has been a general decline in Mr. Hiles health and his ability to manage.
10.
Said investigation has further determined that the respondent:
A. Totaled his van on or about March 17, 2012;
B. Was driving without a valid inspection for two (2) years;
C. Had his telephone disconnected for non-payment; and
D. Was to have his electric terminated on May 7, 2012 for non-payment
because he owed $1,133.00 and had not made any payments since
July, 2011
11.
Petitioner has provided some services such as laundry, home delivered meals and
offered grocery shopping and personal care which he refused.
12.
Respondent has been offered but refused personal care and physical therapy from
Amedisys and has been non-compliant with oxygen and medications.
13.
Respondent has been uncooperative with his son who wanted to help his father as
well as with Celtic Hospice.
14.
The respondent has been under the care of Michael J. Lawler CRNP-BC owner
and provider of House Calls Rx in home medical care since March 7, 2012 who advises
that Mr. Hiles is suffering from terminal stage pulmonary fibrosis, weight loss and
chronic self neglect. A copy of a letter dated June 21, 2012 from Michael J. Lawler is
attached hereto, marked as Exhibit "A" and incorporated herein by reference.
15.
Mr. Hiles has been seen at Hershey Medical Center and Carlisle Regional
Medical Center on three (3) occasions since May 23, 2012.
16..
Mr. Hiles complained about shortness of breath and was admitted to Carlisle
Regional Medical Center on June 20, 2012 where he was diagnosed with failure to thrive,
mild malnutrition, HTN, COPD, mild dementia, coronary artery disease and agitation.
17.
Carlisle Regional Medical Center advised Petitioner's authorized representative
that there was no medical reason to keep Mr. Hiles in the hospital and would be
discharging him.
18.
If Mr. Hiles is discharged by the hospital, he would be in imminent risk of death
or serious physical harm.
19.
Petitioner believes and, therefore, avers that Edward L. Hiles, Sr. is in need of
Protective Services.
20.
Petitioner believes and, therefore, avers that the least restrictive involuntary
protective services required in this case is the immediate removal and transportation of
Edward L. Hiles, Sr. from Carlisle Regional Medical Center to a nursing home or other
appropriate facility where he can receive the necessary care that he requires.
21.
The proposed services would remedy the situation and condition which present an
imminent risk of death or serious physical harm to Edward L. Hiles, Sr.
22.
The proposed services are not over broad in extent or duration because Edward L.
Hiles, Snis 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, Edward L. Hiles, Sr., to be
removed from Carlisle Regional Medical Center and transported to a nursing home or
other appropriate facility and that the Court schedule a hearing to be held not more than
72 hours from the signing of this Order.
Respectfully submitted
DATED
,j Anthony L. uca
P.O. Box 3
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: 01a
Priscilla Whitman
-L? __L r3: Uz ?,Hu'.°'-uumberland Co Aging 717-240-6118 T-843• P0004/0008 F-579
4813 Jonestown Rd Suite 201
1890callso Harrisburg, PA. 17109
717-715-8705, fax 717-715-8707
---?-- Michael, Lawler MSN, CRNrP-BC
?(&Aft At fllbiitPr Kzist v Lawler MSN, CRNP
Amanda Shull Office Manager
James N Hammett DO, CMD
June 21, 2012
To Whom It May Concern: .
RE: Edward Hiles SR DOB: 02/12/1936 SSN: 214-36-8702
My name is Michael J Lawler CRNP-BC, owner and provider of House Calls Rx in home
medical care. The above named patient has been under my care sines March 7, 2012.
Edward lives independently and is currently suffering through terminal end stage
.pulmonary fibrosis, weight toss, and chronic self neglect including but not limited to:
tobacco use, alcohol use, and family dysfunctions. 'T'hrough efforts of Cumberland
County Services, protective services, House Calls Rx, skilled nursing services, and
hospice services, multiple attempts have been made to meet his end of life wishes which
include rig and dying at home. Edward's incompetent coping shills aggravated by
his end stage disease and family dysfunctions, leads to Ed nviking multiple choices that
aggravate his care status, which in turn sabotages his own end of life wishes and alienates
his current involved family members. In summary, Edward's tmminal pulmonary fibrosis
and likely undiscovered terminal issues including unexplained weight loss and
geneWized weakness, Ed has either declined, is not eligiblc, or has become non adherent
to multiple can plains and services enabling him to stay at home. td's inability to manage
basic care aggravates his end; of life creating an unacceptable self neglect situation. We
are for this reason requesting an evaluation for self neglect and self harm that is
unmanageable with current resources.
Best Regards
Michael J Lawler CRNP-BC.
EXHIBIT "A"
CUMBERLAND COUNTY AGING &:
COMMUNITY SERVICES,
Petitioner:
VS
IN the COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-3924 CIVIL TERM
CIVIL ACTION - LAW
EDWARD L. HILES, SR., OLDER ADULTS PROTECTIVE
Respondent: SERVICES ACT
ORDER OF COURT
AND NOW, this 25th day of June, 2012,
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review of the Petition and following a hearing in which
testimony was taken on the condition of Respondent Edward L.
Hiles, Sr., and testimony from the Respondent himself, the
following findings are made:
1. It is clear that Edward L. Hiles, Sr.,
wishes to remain at his home at 7 Cherry Street, Apartment
1, Newville, through his dying days.
2. Edward Hiles is an incapacitated older
adult who is unable to perform services that are necessary
to maintain his physical wellbeing.
3. There is no responsible caretaker for
Mr. Hiles, and he is at imminent risk of danger to his
person.
Therefore, it is the conclusion of the Court
that Mr. Hiles is in need of protective services. He is
therefore ordered into a protective setting, a setting
chosen by the Agency where services can be provided in the
least restrictive environment to protect his physical and
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mental wellbeing. It is hoped that the imposition of this
order may persuade Mr. Hiles to receive some of the services
that the Agency has offered him for many months so that he
may succeed with his final wishes. Law enforcement is
directed to aid the Agency in the implementation of this
order.
By the C
Thomas A. Pl cey, C.P.J.
? Anthony L. DeLuca, Esquire
For the Petitioner
Mark F. Bayley, Esquire
For the Respondent
Cumberland County Aging & Community Services
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9. PROCEEDINGS (Describe briefly) 11. PERSON REPRESENTED 1 .
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2 ? Defendant - Juvenile
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17 West South Street -0
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(717) 241-2446
17. TELEPf
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CLAIM FOR SERVICES OR EXPENSES
19. SERVICE HOURS DATES AMOUNTS LAIMED
a. Arraignment and/or Plea Multiply rate per ho pr limes total
b. Preliminary Hearing hours to obtain "In
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g. Revocation Hearings
h. Juvenile Hearings
i. Appeals Court 19A. TOTAL IN CO RT COMP.
i. Other (Specify on additional sheets)
TOTAL HOURS = X $55 PER HOUR _ $
20. a. Interviews and conferences Multiply rate per h4 r times total
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c. Legal research and brief writing compensation bet
0 00 d. Investigative and other work (Specify on additional sheets) 20A. TOTAL OUT F COURT
COMP.
TOTAL HOURS = X $45 PER HOUR = $
21. ITEMIZATION OF REIMBURSABLE EXPENSES AMT. PER ITEM
Mileage $ per mile x
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Please contact Court Administrator for current mileage rate
p 21A. TOTAL ITEMI .ED EXP.
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22. CERTIFICATION OF ATTORNEY/PAYEE
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Has compensation and/or reimbursement for work In this case previously been applied fort ? YES F] NO 21 GRAND TOTAL
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If yes, were you paid? ? YES X NO if yes, by whom were you paid?
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Need
Copy 1 - Mail to Court Administrator at completion of service
Hiles, Edward, Sr. - INVOICE - 6-26-12
6-22-12 Phone w/ chambers; scheduling; open file .3
6-25-12 Review petition; memo; letters; hearing;
close file 3.0
Total Hours: 3.3
@$45/Hour: $148.50
Total Current Balance: $148.50