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Keith O.Brenneman,Esyuire � � � � � �
44 West Main Street :`� � � � �
Mechanicsburg,PA 17055 � "� �"
(717)697-8528 '�" � � �
Attorney ID#47077
Assistant Cumberland County Solicitor
For Cumberland County Aging and Community Services `
CUMBERLAND COUNTYAGING AND : IN THE COURT OF COMMON PLEAS OF
COMMUNITY SERVICES, : CUMBERI.,AND COUNTY, PENNSYLVANIA
Petitioner :
v. . : �
: No. z1- !'�- 5� .
LYDA GALLAGHER, :
Respondent :
� PETITION FOR EMERGENCY ORDER
. TO PROVIDE PROTECTIVE SERVICES
Petitioner Cumberland County Agirig and Community Services,by its attorney,Assistant
� Cumberland County Solicitor Keith O. Brenneman, submits this Petition and in support thereof
states the following:
1. Petitioner is Cumberland County Aging and Cornmunity Services,having an office
located at 1100 Claremont Road, Carlisle, Pennsylvania.
2. Respondent Lyda Gallagher is an adult female individual, 63 years of age,residing
at 416 Venice Avenue, Carlisle, Cumberland County, Pennsylvania.
3. Respondent can be found at her residential address noted in Paragraph 2, above.
4. Respondent has Alexis Gallagher, age 19, Respondent's granddaughter,living w'ith
�Zespondent at the address noted in Paragraph 2, above.
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5. Respondent is an older adult as that term is defined under the Older Adults �
Protective Services Act (the"�ct'�j. � _-
6. Respondent is in need of protective services under the Act.
� 7. Respondent is at imminent risk of death or serious physical harm for the following
reasons:
� a. Respondent has kidney failure,anemia and bi-polar disorder;
� - b. Respondent is not using sterile procedures to do home dialysis;
c. Respondent has peritonitis and is refusing antibiotic treatment;
d. Respondent is consistently refusing to take her prescribed medication;
� e. Respondent is not monitoring her blood sugar levels;
f. Respondent has had significant decline in her cognitive abilities since
February 2013;
g. Respondent has not bathed in approximately three weeks and sits in her
own urine and feces;
h. Respondent is refusing help in her home;
i. Respondent is disconnected from her catheter and it is believed she does
not know how to reconnect her catheter;
j. Respondent has repeatedly refused assistance for purposes of inedical
treatment, including,but not limited to, having a transfer set change for
her catheter;
k. Respondent refuses to leave her home to have hemodialysis performed;
1. It is believed that Respondent is in need of a psychiatric admission or
_ examination; and
m. Respondent has no insulin in her home for her treatment.
8. The physical and mental status of Respondent is as noted in Paragraph 7, above.
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. . � .
9. Petitioner has made numerous attempts to obtain the informed consent of
Respondent for purposes of Petitioner providing protective services for the benefit of Re�pondent
and Respondent has failed to cooperate with Petitioner or to otherwise assist in her own care.
, 10. The least restrictive involuntary protective service for which the Petitioner is
requesting an Order from this Court is for purposes of allowing Petitioner to arrange for
Respondent's transport to and admission at Holy Spirit Hospital for medical screening and
medicai treatment;thereafter, Petitioner will attempt to arrange a nursing home admission for
Respondent since Respondent is unable to take care of herself in her home, which residence
presents an unsafe environment for Respondent. -
11. The services proposed by Petitioner as noted above would remedy the situation on
at least a temporary basis by having Respondent subject to medical examination and treatment,
Respondent's transfer set would be changed thereby eliminating a very high risk of peritonitis
' and by ensuring that she receives dialysis and her various medications.
12. Given the brief duration of the period of the order available to the Petitioner(e.g. 72
hours),the proposed services are not over broad in extent or duration and less restrictive
alternatives to their extent or duration would not be adequate to ensure proper medical screening
and medical treatment for the benefit of Respondent.
13. Other voluntary protective services have been offered to Respondent and attempted
� by the Petitioner and others, and have failed�o remedy the situation giving rise to this Petition.
"_ 14. Respondent has no attorney known to the Petitioner.
� 15. Petitioner has attempted to notify the legal services provider identified by the
� Petitioner in its protective services plan.
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� .
WHEREFORE, Petitioner requests this Court to issue an Order providing for the
following:
�
a. Find that Respondent is an older adult in need of protective services;
b. Find that there is clear and convincing evidence of the need for an
emergency order;
c. Appoint Cumberland County Aging and CQmmunity Services as a provider of
. protective services for�Respondent;
d. Authorize a peace officer together with a representative of Cumberland
�� " County Aging and Community Services to forcibly enter the premises of
Respondent's residence if necessary; -
e. Direct that Respondent be transported by ambulance to Holy Spirit Hospital
for purposes of screening and medically necessary treatment; and _
� f. Grant such other relief as this Court in its discretion deems warranted.
� .
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg,PA 17055
(717) 697-8528
Date: January 16, 2014 Assistant Solicitor for Cumberland County
Aging and Community Services
� -4-
L ° �
VERIFICATION
I verify that the statements made in the foregoing Petition are true and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4909 relating to unsworn falsification to authorities. �
, �
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Diane Gourley j
Cumberland County Aging a,nd Community
Services
Date: � .--- y �` r�--., �.
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