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Jennifer B. Hi Es uire � �� �' =� -� `�
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1 West Main Street � � c.a � �
Shiremanstown, PA 17011 �y �.,,a �, c�
(717) 737-8761 � �
Attorney ID No. 86556
Assistant Cumberland County Solicitor �
For Cumberland County Aging and Community Services
IN RE: : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
LYLE D. MASSIE, �
An alleged Incapacitated Person : ORPHANS' COURT DIVISION
: N0. 21-14- ����
EMERGENCY PETITION FOR APPOINTMENT OF PLENARY GUARDIANS
OF THE PERSON AND ESTATE IN ACCORDANCE WITH 20 Pa C.S.A. � 5513
Petitioner Cumberland County Aging and Community Services, by its attorney,
Cumberland County Assistant Solicitor Jennifer B. Hipp, submits this Petition and in support
thereof states the following:
1. Petitioner is Cumberland County Aging and Community Services, having an office
located at ll 00 Claremont Road, Carlisle, Pennsylvania.
2. The alleged incapacitated person is Lyle D. Massie, who is believed to be unmarried,
age 78, and is homeless, having maintained a"camp site" in a remote, wooded location in Lower
Frankford Township, Cumberland County, for approximately eleven (11) years.
3. There are no known relatives of Mr. Massie.
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4. On or about December l, 2014, Petitioner received a report of need regarding Mr.
Massie.
5. Given that Mr. Massie is homeless and lives in a somewhat well-concealed location in
the woods and is not always present at his "camp site," Priscilla Whitman,Protective Services
Investigator, Office of Aging, was unable to locate Mr. Massie until December 4, 2014.
6. Petitioner believes that Mr. Massie's tent had been burned down by a malfunction of
his propane gas heater approximately two (2) weeks ago but that Mr. Massie did not seek
medical attention and, instead, acquired a new tent.
7. On or about November 28, 2014, Mr. Massie's propane gas heater malfunctioned, by
blowing up, burning the tent and causing second and first degree burns to Mr. Massie's face and
scalp.
8. On or about November 28, 2014, Mr. Massie sought assistance from a neighbor who
took him to the emergency room at the Carlisle Regional Medical Center.
9. For unknown reasons, Mr. Massie left the Carlisle Regional Medical Center on or
about December 1, 2014 against medical advice and prior to completion of prescribed
medications.
10. At approximately 12:10 p.m. on December 5, 2014, Priscilla Whitman met with Mr.
Massie at his "camp site," where she observed the following:
a. Mr. Massie appeared to be shaking, which Ms. Whitman suspected was due to
exposure to the cold and winter outdoor elements;
b. Mr. Massie advised that he slept on a cot the prior night with two sleeping
bags and a tarp covering him to keep dry;
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c. Mr. Massie advised that he would sleep in his tent, which is a tarp, where he
has a single lawn chair to keep dry on the night of December 5, 2014;
d. Ms. Whitman noticed that there was blood on the ground and in front of Mr.
Massie was bloody toilet paper;
e. Mr. Massie admitted that blood was in his urine;
f. Mr. Massie refused efforts to take him to the hospital to obtain a medical
evaluation and treatment;
g. Mr. Massie advised that he had not eaten yet on December 5, 2014;
h. Mr. Massie made several nonsensical comments and refused to cooperate in
leaving his "camp site," whereupon Ms. Whitman departed;
i. The Pennsylvania State Police were contacted and Trooper Matthews and
another Trooper came to Mr. Massie's "camp site" at approximately 2:00 p.m. on
December 5, 2014;
j. Mr. Massie refused to come out from under his tarp and again refused to obtain
medical evaluation and treatment; and
k. Ms. Whitman and the State Troopers departed Mr. Massie's "camp site."
10. Based upon her observations while meeting with Mr. Massie on December 5, 2014,
Priscilla Whitman formed the following beliefs:
a. Mr. Massie was not medically compliant in terms of caring for the second and
first degree burns he recently suffered;
b. Mr. Massie was not medically compliant in terms of caring for other suspected
health and medical diagnoses, including a urinary tract infection,peripheral vascular
disease, tobaccoism and most likely diabetes,
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c. Mr. Massie's cognitive abilities appeared to be compromised, in that he has
poor insight, poor judgment, lacks safety awareness and lacks comprehension of his
situation;
d. Mr. Massie may suffer from dementia and/or mental illness which impairs his
ability to receive and evaluate information effectively and communicate decisions in any
way to such a significant extent that he is partially or totally unable to meet the essential
requirements for his physical health and safety; and
e. Mr. Massie was at risk of severe injury through exposure to nature's elements
in winter, compounded by his failure to be medically compliant, and/ar at risk of
imminent and irreparable harm to his person which could result in his death.
11. Petitioner filed a Petition for Involuntary Intervention by Emergency Court Order
that was granted by Magisterial District Judge Richard S. Doughtery, Jr., after a hearing, at
approximately 9:30 p.m. on Friday, December 5, 2014. A copy of Magisterial District Judge
Dougherty, Jr.'s Order is attached hereto and incorporated herein as Exhibit"A."
12. The Order for Involuntary Intervention expires at approximately 9:30 p.m. on the
evening of Monday, December 8, 2014. See Exhibit "A."
12. As a result of Priscilla Whitman's observations, Petitioner arranged far a
neuropsychological evaluation of the alleged incapacitated person that was conducted on
December 8, 2014 by Dr. Christopher Royer.
13. As a result of the neuropsychological evaluation conducted by Dr. Royer, Dr. Royer
concluded that:
a. Lyle D. Massie is not capable of making decisions in his own best interest as
defined in Pennsylvania Statute; and
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b. Lyle D. Massie requires a gaurdain to manage his personal, financial and
medical affairs, as well as supervision within the context of an assisted living
environment, at the least. See Exhibit "B," December 8, 2014 correspondence from
Christopher Royer, Psy.D, Clinical Neuropsychologist, and Licensed Psychologist.
14. Petitioner has no interest that is adverse to that of Lyle D. Massie.
15. Petitioner intends to arrange to have the alleged incapacitated person placed in an
appropriate assisted living or personal care facility, but is unable to do so without the autharity as
a legally appointed guardian.
16. Petitioner believes that Lyle D. Massie does not already have a guardian.
17. Petitioner avers that Lyle D. Massie is incapacitated as defined in Chapter 55 of the
Probate, Estates and Fiduciaries Code.
18. Pursuant to Lyle D. Massie's statements, his income consists of approximately
$700.00 monthly Social Security benefit.
19. Petitioner believes that no previous application has been made to any court to declare
Lyle D. Massie incapacitated and no court has assumed jurisdiction in any proceeding to
determine the incapacity of Lyle D. Massie.
20. Petitioner is not aware that Lyle D. Massie has ever executed a power of attorney or
in any other way designated anyone to serve as his agent with respect to any matter pertaining to
him.
21. Petitioner believes that Lyle D. Massie intends to return to his "camp site" when the
Emergency Court Order for Involuntary Intervention ends.
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22. Petitioner believes,based upon observations made by Priscilla Whitman and Dr.
Royer's finding, that, if he returns to his "camp site," Lyle D. Massie's living conditions will
result in irreparable harm to his person.
23. If this Honorable Court grants Petitioner's request to be designated as Lyle D.
Massie's guardian of person and estate, Petitioner will initiate a full guardianship proceeding.
WHEREFORE, Petitioner Cumberland County Aging and Community Services
respectfully requests that this Honorable Court issue an Order appointing Petitioner as plenary
emergency guardian of the person and estate of Lyle D. Massie, the term of the emergency
guardianship to be for a minimum of seventy-two (72) hours and to be extended for a period of
twenty (20) days to permit the Petitioner to initiate a full guardianship proceeding.
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Date: December 8, 2014 �
Jennifer . ipp, Esquire
1 West Main Street
Shiremanstown, PA 170ll
Cumberland County Assistant Solicitor
For Cumberland County Aging and Community
Services
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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
4904 relating to unsworn falsification to authorities.
�A.tr.�C�s%�L '�
; �r r.�'►��..,
r Priscilla Whitman, Cumberland County Aging and
Date: December � , 2014 Community Services
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COMMONWEALTH OF PENNSYLVANIA AbUS@ Of ACIUIt E111@1'ge17C�/ R@II@f
COUNTY OF CUMBERLAND - Ordgr
Mag. Dist. No: MDJ-09-1-03
MDJ Name: Honorable Richard S.Dougherty petitioner: Hipp, Jennifer
Address: 98 South Enola Drive, Suite 1
Enola, PA 17025
Respondent: Massie, Lyle D
Tel e phone: 717-728-2805
Lyle D Massie Docket No: MJ-09103-MD-0000033-2014
HOMELESS Case Filed: 12/5/2014
Carlisle, PA
ORDER
Having found clear and convincing evidence that it is necessary to provide emergency relief to protect the respondent
above, in accordance with 35 P.S. § 10210.307, I hereby order that the following protective services be provided for
�":E' hours(not to exceed 72 hours from the time order is issued):
� Appointed legal counsel to represent the respondent at the protective services review hearing.
Protective Services Agency Representative: Cumberland Co. Office of Aging
Order is issued on: 5th dav of December. 2014 ``' �
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Date Magisterial District Judge
� EXHIBIT
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Please contact the court of common pleas of this county for impoRant information on further proceedings in connection with this order.
MDJS 636A Page 1 of 1 Printed: 12/05/2014 9:27:26PM
Christopher Royer, Psy.D. Clinical Neuropsychology
Donna M. Struck, Psy.D., LPC Clinicai Psychology
Counseling
December 8, 2014
Re: Lyle Massie
Dear, Sir or Madam,
I have evaluated Mr. Lyle Massie today in order to assess his capacity to make decisions in his own best interest.
As per today's evaluation, it is my professional opinion that Mr. Massie is not capable of making decisions in
his own best interest as defined by PA State statute. He requires a Guardian to manage his personal, finanacial
and medical affairs, as well as supervision within the context of an assisted living environment at the least.
Given time constraints, I am providing this letter today and a full report will follow.
Sincerely,
Christopher Royer, .
Clinical Neuropsychologist
Licensed Psychologist
� EXHIBIT
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1150 Lancaster Blvd • Suite 101 • Mechanicsburg, PA 17055
Phone 717-697-7260 • Fax 717-697-7262