HomeMy WebLinkAbout05-1322
CUMBERLAND COUNTY AREA AGENCY : IN THE COURT OF COMMON PLEAS OF
ON AGING, : CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
: NO. Of; - 1J2J... (!tc;nL ~~
: CIVIL ACTION - LAW - - (
VS.
CHESTER F. GRIFFITH, JR.,
Respondent
: OLDER ADULTS PROTECTIVE
: SERVICES ACT
PETITION FOR INVOLUNTARY INTERVENTION
BY EMERGENCY COURT ORDER
AND NOW, the Petitioner, Cumberland County Area Agency on Aging, 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 seq., respectfully represents as
follows:
L
The Petitioner, Cumberland County Area Agency on Aging (CCAAA), 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, Chester F. Griffith, Jr., an older adult, age 67, is currently an
inmate at the Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland
County, Pennsylvania. Prior to his incarceration, the Respondent was allegedly residing
in his car.
3.
Petitioner is unaware of any known relatives of the Respondent, Chester F.
Griffith, Jr.
Information received by prison staff from Central Processing reflects a concern
that the Respondent has active tuberculosis (TB) and is infected with Hepatitis.
6.
During the commitment process at Cumberland County Prison on March 7, 2005,
Mr. Griffith:
a. Was in possession of several types of prescribed medications;
b. Was obnoxious and uncooperative;
c. Provided minimal social and medical information; and
d. Refused and continues to refuse medical evaluation and care.
4.
On or about March 7, 2005, the Respondent was committed to the Cumberland
County Prison after being charged with receiving stolen property and public drunkenness.
5.
7.
Further information from the Cumberland County Prison Staff indicates that the
Respondent has had multiple hospital stays since August, 2004 at hospitals in
Washington, Pennsylvania, Allentown, Gettysburg and Carlisle, Pennsylvania.
8.
His medical conditions include a history ofrecent renal failure secondary to
cryoglobulinemia, Hepatitis-C positive, latent TB with recent treatment, renal
insufficiency, and COPD.
9.
Upon discharge on October 26, 2004 from the Carlisle Regional Medical, the
Respondent was admitted to ManorCare Health Services but discharged himself from that
facility on November 1, 2004 against medical advice,
10.
Eric VonKiel, MD, facility medical director for Cumberland County Prison by
letter dated March 14,2005, states that there is an emergency need for medical
intervention, evaluation and treatment of Chester F. Griffith, Jr. He further states that
Mr. Griffith is extremely non-compliant, belligerent and uncooperative making his
medical situation/condition impossible to treat and that he may potentially have an active
case ofTB. A copy of Dr. VonKiel's letter is attached hereto, marked as Exhibit "A",
and incorporated herein by reference.
11.
As a result of the Respondent's refusal to accept medical evaluation and care, he
is housed in a special cell equipped with negative air pressure and prison staff are
required to wear protective masks and gloves when working with him.
12.
As a result of the Respondent's refusal to wear a mask, he is not permitted out of
his cell and, at meals, eats very little.
13.
Due to the potential dangerous health risks of Respondent' s medical condition to
himself and others, namely the possible transmittal of TB, Petitioner avers that the
Hearing in this matter proceed without the presence ofMr. Griffith.
14.
Petitioner believes and, therefore, avers that the least restrictive involuntary
protective services required in this case is the immediate removal and transportation of
the Respondent to a hospital were he can receive immediate evaluation and treatment of
his medical conditions, including, but not limited to a chest x-ray.
15.
Petitioner is seeking an Order from this Court for the following Protective
Services:
a. To remove Chester F. Griffith, Jr. from the Cumberland County Prison
and transport him to a hospital for evaluation and treatment of his medical
conditions; and
b. To have Chester F. Griffith, Jr. submit to a chest x-ray and any other
appropriate tests necessary to evaluate his medical condition; and
c. To develop a care plan for Chester F. Griffith, Jr. by Petitioner.
16.
The proposed services would remedy the situation and condition which present an
imminent risk of death or serious physical harm to Chester F. Griffith, Jr., members of
the prison staff, fellow inmates, law enforcement and members ofthe public who visit the
pnson.
17.
The proposed services are not over broad in extent or duration because Chester F.
Griffith, Jr. is unable to care for himself due to his medical conditions and places himself
and others 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, Chester F. Griffith, Jr., to be
removed from the Cumberland County Prison and transported to a hospital for evaluation
and treatment of his 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: ('if <, ,'-r:l I't: % (;,., S"
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Anthony L. De
P.O. Box 358
113 Front Street
Boiling Springs, P A 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: ~h,- c'\.., V\: 2. N'<:;-
,
e;)a-.w* ~cLV
Janet Paull
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11: 0'3
7172405118
PAGE 03
GUMB GO AG~~G 9~.:Y9.. ".'1/1'10. m:'I7Jo225.P
.PRIMECARE
Th. Ch"k1tt for Q".lIlY (".M'"'''' $ervl.eA.
TO: Je.nct Paull. Officer of Aging
PROM:; Dr. Ede Vonl(jel, Facility Medll,l~l ifeet01'
OA'IE: March 14, 2OO~
SUBmCT: Chcst&!: F. Gdfiith, Jr. SSN: 02 28.3288
,
Thts written com:spond\:nce is to Verify the
c"alW1t!Q.n Illld tre<ltmont oflh<t llPove l1ame
\:omplianl, belligerent and \ll!coopctt.tlve; fh
impouible to l1eat. I teel Mr. Orifi1U1 may
your agenq far any 1I11istMcc in this m.ner
ergem need f'ot mcdi~ interwntlon,
at~ Mr. Griffith 11 f!Xotreme!y non.
. m.aking his medical situation/coodition
.aUy bavc an active eue (IfIll. I am lI$klns
ma,y be to provide.
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MAR 1 4 2005~
CUMBERLAND COUNTY AREA AGENCY : IN THE COURT OF COMMON PLEAS OF
ON AGING, : CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner
· NO. 05 - /J~ {liv.L ~0L~
: CIVIL ACTION .. LAW
VS.
CHESTER F. GRIFFITH, JR. ,
Respondent
: OLDER ADULTS PROTECTIVE
: SERVICES ACT
ORDER
AND NOW, to wit, this ~..s- day of ~2005, it is ORDERED and
DECREED that the within Petition be heard on the Jb+- day of ~2005, at
..~ o'clock, inc~}~lm'd ~e,
~~~~~Yl"on;".
1j~ L c:J1(...,t)c.., 4all be appointed to represent the older
adult, Chester F. Griffith, Jr., at this hearing.
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CUMBERLAND COUNTY AREA
AGENCY ON AGING,
PETITIONER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHESTER F. GRIFFITH, JR.,
RESPONDENT
05-1322 CIVIL TERM
ORDER OF COURT
AND NOW, this
Lb
day of March, 2005, following a hearing, IT IS
PRELIMINARILY ORDERED that Chester F. Griffith, Jr., shall be required to have a
chest x-ray conducted by such means as determined by the Warden of the Cumberland
County Prison. A written report of the x-ray results shall be supplemented into this
record and forwarded to this judge. Following review a further order shall be entered as
warranted.
Edgar B. Bayley, J.
~thony L. DeLuca, Esquire
For Petitioner )
~bert L. O'Brien, Esquire
For Respondent
Earl Reitz, Warden - ~"",\,d-.~\'V~'4C~
Cumberland County Prison
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1
CUMBERLAND COUNTY AREA
AGENCY ON AGING,
PETITIONER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHESTER F. GRIFFITH, JR.,
RESPONDENT
05-1322 CIVIL TERM
ORDER OF COURT
AND NOW, this
r5?
day of March, 2005, the preliminary order
entered on March 16, 2005 is made the final order of this court.
By the Court,
~
/'/
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Anthony L. DeLuca, Esquire
For Petitioner
~bert L. O'Brien, Esquire
F or Respondent
lar' Reitz, Warden
, cumbe~and co~~rison
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. . )v! 1 2.005 )Y
AUTHORITY TO PAY COURT APPOINTED COUNSEL '-L;;' MAR 2
1. COURT ~ Common 2. OUCHER 10051
o District Justice Pleas 0 Appellate o Other N~
3. FOR 10.J., C.P, APPELLATE) 4. AT ICITY/STATE) 5. UDGET CODE
/ ,.. i57J1/J - i,,, ',UM,
6. IN ~ CA~SE OF G,.,-4~ 7. CHARGN~NSE IPURDON CITATION) 8. PETTY OFFENSE
. \"'-A vs 0 ELONY 0 MISDEMEANOR
9. PROCEEDING!; (Describe brielly) 11. PERSON REPRESENTED '2. IVIL DOCKET NO.
t\Qa.. '1'\."'\ '"'-",-,,-R ~'" I 0 Defend.", - Adult JJ,)~
e>'^- 2 0 De/endal'lt -Jullenile .::;-
\.V'-e~l.C.o.....l ~<L~,,4- 3 0 Aopellan' 13. RtMINAl DOCKET NO
4 0 Appellee ,
5 8 Habeas Petitioner
. 0 MaleflalWllness I
7 0 Parolee Charged With Violation
10 PERSON REPRESENTED (Full Name) . 0 Probationer Charged Wilh Violation 14. ~PPEALS DOCKET NO.
ch.~!o+er r. ~'"'~~'tl-.. ,ji-. 9 jl. Other: ,
3../1~ 16. NAME OF ATTORNEY/PAYEE AND ~(j'&\<.:"'"
Appt Date MAILING ADDRESS s..e-l~
o'.(3.....,..,~ 13....",,_...
<T "'P"Ioe:.. ~\~ \ q W~...-\- <;c,?~ S"t-
NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE c.os.\ ~ \""- vA-- "10\;'
;1/20;;'&
17. TELEPHONE No. 18.5 IAlSECURITYNQ QREINNO
::2'-\9 -Co 1'7">;... :z /7 o"i" S-l~- V
CLAIM FOR SERVICES OR EXPENSES
19. SERVICE HOURS DAlES AMOUNTS CLAIMED
a. Arraignment and/or Pt.. Mull Iy rate per hour times fOlal
hou 10 obtain "In Court" com-
b. Preliminary Hearing pen lion. Enler Iota! below.
c. Molions and ReQuests (L I
... d Bail Hearings I
0:
:> e. Sentence Hearings
0
U l. Trial I
~
g. Revocation Hearings
h. Juvenile Hearings ,-
I. Appeals Court !~A TAL IN COURT COMPo
j. Other (SpeCify on addittonal sheets) S~
TOTAL HOURS "'" X $55 PER HOUR . $
---'-
20. a. Interviews and conlerences 1..~ Mul ly rate per hour limes fotal
b. Obtaining and reviewing records hou . Enler total "Oul of Court"
...... com "sation below.
00: c. Legal research and brief writing
...:>
:>0 d. Investigative and olhs, work (Specify on additional sheets) 20A. OTAL OUT OF COURT
OU OMP.
...--
TOTAL HOURS = L- X $45 PER HOUR . $ L( ':)
21. ITEMIZATION OF REIMBURSABLE EXPENSES AMT. PER ITEM
Milage $.345 per mile x
0:
w
:I: 2'A. OTAL ITEMIZED EXP.
...
0
-
22. CERTIFICATION OF AnORNEY/PAYEE 23. G AND TOTAL CLAIMED
Has compensation and/or reimbunsemenl for work in this caee.prevlously been applied for? DYES rj-No (W = '00
If yes. were you paid? DYES o NO If yes. by whom were you paid? How much? 1 ,
Has the person represented paid any money to you, or to your knowledge anyone else. In connection with the matter for 24.0 UCT. PRIOR PYMTS.
which you were appointed to provide represen I-')'~ . q, ~O " ye.. give details on eddilional sheels =
t swear or affirm the truth or correctness / 25.-N AMOUNT CLAIMED
of the above statements Signa of Attorney/Payee Oale Ct.- - .tJY -
I
26A"Pll(JlIl;'! \... \. h' i fIR Iv~ 27. A T. APPROVED
. H)ll Signature 01
""VMENI JudQe h/_ .0.18: =$ LVV
Copy 1 - Mail to Court Administrator at completion of service ,
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VINVAlASNN3d
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28 :2 Wd 82 MVW SOOl
},tN1ONOH.i()cid 3Hl :::10
30!1'O-[EJ1H
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MAR 1 42iJ05;1
CUMBERLAND COUNTY AREA AGENCY: IN THE COURT OF COMMON PLEAS OF
ON AGJl'.:G, : CUMBERLAND COUNTY, PENNSYL V A
VS.
NO. oS - /J~ (lZv.L
CIVIL ACTION - LAW
~
Petitioner
CHESTER F. GRIFFITH. JR. ,
Respondent
: OLDER ADULTS PROTECTIVE
: SERVICES ACT
ORDER
AND NOW, to wit, this t.s- day of ~2005, it is ORD
DECREED that the within Petition be heard on the 1O'fL day of !
<4.1' At^M o'clock, in C~--NC;;:~"~~~~.::1~~;)~d-~n!J
Q'A1.c.N\.
~te;-:PennsyWani2.
i~ L (9' (oIIt4-, t:iall be appointed to represent he older
adult, Chester F. Griffith, Jr., at this hearing.
.;
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