HomeMy WebLinkAbout12-16-14 RECORDED OFFICE OF
REGISTER OF WILLS
2011 OEC 16 IPM 12 00
CLERi: OF
Jennifer B. Hipp, Esquire ORPHANS' C O 11 RT
1 West Main Street CUMBERLG 10 CO., PA
Shiremanstown, PA 17011
(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
NO. 21-14- 1153
PETITION FOR APPOINTMENT OF PLENARY GUARDIAN OF THE
PERSON AND ESTATE IN ACCORDANCE WITH 20 Pa.C.S.A. § 5511
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 1100 Claremont Road, Carlisle, Pennsylvania.
2. The alleged incapacitated person is Lyle D. Massie, who is believed to be unmarried,
age 78, and currently resides at the Shippensburg Health Care Center, 121 Walnut Bottom Road,
Shippensburg, PA 17257.
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3. Previously, Mr. Massie was homeless, having maintained a"camp site" in a remote,
wooded location in either Upper or Lower Frankford Township, Cumberland County, for
approximately eleven(11) years.
4. There are no.known relatives of Mr. Massie.
5. On or about December 1, 2014, Petitioner received a report of need regarding Mr.
Massie.
6. Given that Mr. Massie is homeless and lived 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.
7. Petitioner believes that Mr. Massie's tent had been burned down by a malfunction of
his propane gas heater on or about November 11, 2014 but that Mr. Massie did not seek medical
attention and, instead, acquired a new tent.
8. 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.
9. 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.
10. 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.
11. 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:
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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;
c. During the day, Mr. Massie advised that he would sit in his tent, which is a
tarp, where he had a single lawn chair to keep dry;
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."
11. Based upon her observations while meeting with Mr. Massie on December 5, 2014,
Priscilla Whitman formed the following beliefs:
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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,
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/or at risk of
imminent and irreparable harm to his person which could result in his death.
12. 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."
13. Petitioner filed an Emergency Petition for Appointment of Plenary Guardians of the
Person and Estate in Accordance with 20 Pa.C.S.A. § 5513, which was granted by this
Honorable Court on December 8, 2014.
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14. As a result of Priscilla Whitman's observations, Petitioner arranged for a
neuropsychological evaluation of the alleged incapacitated person that was conducted on
December 8, 2014 by Dr. Christopher Royer.
15. As a result of the neuropsychological evaluation conducted by Dr. Royer, Dr. Royer
concluded that:
a. Lyle D. Massie registered delusional thought content;
b. Mr. Massie's reasoning by analogy is severely impaired in that he was unable
to state "911" as the number to call in case of emergency;
c. The test data collected from Mr. Massie is indicative of mixed dementia with
psychotic features;
d. Mr. Massie is not capable of making decisions in his own best interest as
defined in Pennsylvania Statute; and
e. Lyle D. Massie requires a guardian to manage his personal, financial and
medical affairs, as well as supervision within the context of an assisted living
environment; otherwise, he is considered to be at great risk for physical harm or
manipulation by others.
16. Petitioner has no interest that is adverse to that of Lyle D. Massie.
17. Petitioner believes that Lyle D. Massie does not already have a guardian.
18. Petitioner avers that Lyle D. Massie is incapacitated as defined in Chapter 55 of the
Probate, Estates and Fiduciaries Code.
19. Pursuant to Lyle D. Massie's statements, his income consists of approximately
$700.00 monthly Social Security benefit.
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20. 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.
21. 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.
22. Petitioner believes that Lyle D. Massie intends to return to his "camp site" or another
homeless location when the Emergency Guardianship ends and if this Honorable Court does not
appoint it as Mr. Massie's Plenary Guardian.
23. Petitioner believes, based upon observations made by Priscilla Whitman and Dr.
Royer's finding that, if he returns to his "camp site" or a similar location, Lyle D. Massie's living
conditions will result in irreparable harm to his person and estate.
WHEREFORE, Petitioner Cumberland County Aging and Community Services
respectfully requests that this Court issue an Order appointing Petitioner plenary guardian of the
person and estate of Lyle D. Massie.
Date: December 16 2014 1 y �
Je ifer B. Hipp, Esquire
1 West Main Street
Shiremanstown, PA 17011
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.
Priscilla Whitman, Cumberland County Aging and
Date: Decemberl6, 2014 Community Services
CERTIFICATE OF SERVICE
1, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing
Petition for Appointment of Plenary Guardian of Lyle D. Massie upon the following named
individual this day by depositing same in the United States Mail, First Class,postage prepaid, at
Shiremanstown, Pennsylvania, addressed as follows:
Susan D. Hartman, Esquire
Attorney for Lyle D. Massie
Duncan & Hartman, P.C.
One Irvine Row
Carlisle, PA 17013
Date: December 16, 2014
Je i er B. Hipp, Esquire
1 West Main Street
Shiremanstown, PA 17011
Cumberland County Assistant Solicitor
For Cumberland County Aging and Community
Services
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COMMONWEALTH OF PENNSYLVANIA Abuse of Adult Emergency Relief
COUNTY OF CUMBERLAND Order
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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
Telephone: 717-728-2805 Respondent: Massie, Lyle D
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, 1 hereby order that the following protective services be provided for
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 day of December. 2014
Date Magisterial District Judge
a EXHIBIT
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Please contact the court of common pleas of this county for important information on further proceedings in connection with this order.
MDJS 636A Pagel.of 1 Printed: 12/0512014 9:27:26PM