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Home My WebLink About06-03-05 IN RE: LILIAN V. FLANNERY ALLEGED INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA ~T A "1 0= 0 .,.,., = J.' '-'. ...... -v"-v......,, MOTION FOR CONTINUANCE AND NOW, Lilian V. Flannery, alleged incapacitated person, by and through her court- appointed counsel, David Lopez, Esquire, of the Law Offices of LopezNeuharth LLP, alleges the following: 1.) By Order of Court, dated May 10, 2005, this Honorable Court appointed David Lopez, Esquire (hereinafter referred to as "counsel") to represent the alleged incapacitated person, Lilian Flannery. 2.) On or about May 19,2005, counsel contacted Claremont Nursing Home and spoke with the social worker to obtain visiting hours and information on obtaining medical records regarding the alleged incapacitated person (hereinafter referred to as Ms. Flannery). 3.)Subsequently, counsel was advised by Claremont Nursing Ho~~ to send t~~ , >L:.,F1 Order of Court which appointed him Ms. Flannery's attorney for review. C'-! (~..- 4.) I' IT\ I -'1 c' On or about May 24, 2005, counsel faxed the Order ofCourttQ~,laremont I I Nursing Home. 5.) (,,;'1 ~- On or about May 24, 2005, counsel was advised by Claremont Nursing Home that the Order of Court, dated May 10, 2005, was insufficient to obtain information. uA 6.) On or about May 25, 2005, counsel, with a staff member, visited with Ms. Flannery at Claremont Nursing Home. During the visit, Ms. Flannery stated that she did not .n.A.~n"!"!~ "!'!y;+"k +h.o. n",",~A.;~+~.n~+ /""'1.+ n n-"!'n~.~;n"Y\ ^ + +1"'1l~ J'""").f""">.~.."'\1"l"""~........~ /""'0.+ +h~ "I'!'::!""'l;+ 1\,,,{~ "Iil("'1:"""'!"'"l.a~r ~;n-'!"'\a~ ,",V.I..I.'-'\..1..1. v, .1.....1..1. ....1..1.'-' """l-'pV.l..I..l....I..I..1.'-'.I.1... V..l. U. e,u.u..I.U.l.c...&.J.J.. .L lrr..... ....1..1.\"".1' ,",V.l..I.\"",.I.1.U..,..1V.1..1. V.J.. ....1..1.'-' y .1...,.1...., .J.Y.L."J. ..l. .1.\..1..1..1..1..1."'.1.) ..,.1.5.1..1.\"",.1\..1. two "Release(s) for Medical Records" in order for her counsel to obtain the necessary information to adequately represent her at the hearing. (See attached as Exhibit A). 7.) On or about May 25, 2005, a Release of Medical Records was presented to the Claremont Nursing Home social worker. Counsel was subsequently informed that Claremont Nursing Home would not honor the release signed by the client. 8.) On or about May 25, 2005, counsel was told by the Claremont Nursing Home social worker that Ms. Flannery's daughter (hereinafter referred to as petitioner) would be consulted and asked to sign a release so that counsel could obtain the information regarding Ms. Flannery . 9.) On May 25, 2005, counsel received a telephone call from the social worker at Claremont Nursing Home stating that petitioner would be coming in on May 26, 2005 to sign a release. 10.) On May 26, 2005, counsel's office was notified that the release for information had been signed by petitioner. 11.) On June 1, 2005, counsel notified Claremont Nursing Home that he would be reviewing the file of Ms. Flannery later that day. Counsel's office was given instructions on where to find the records. 12.) The records released by Claremont Nursing Home consisted of approximately three documents which did not provide counsel with much information. 13.) Despite repcrrtcd plcrr3 by cvui.lscl tv vbtaiu. ilif0tulatioii tcgiitdiilg [vis. Flannery, he has been unable to do so. 14.) Counsel feels that he cannot represent Ms. Flannery and her interests completely if he does not obtain this information. 15.) Counsel for Petitioner Stephen 1. Hogg is opposed to the filing of this Motion for Continuance. WHEREFORE, counsel for Lilian V. Flannery, respectfully requests a continuance in this matter to be able to obtain the necessary information and furthermore, respectfully requests that this Honorable Court grant counsel the authority to request and obtain any and all records regarding the psychiatric, social, psychological and medical information of the alleged incapacitated person. Respectfully submitted, David Lopez, Esquire, Attorney for Alleged Inc acitated Person Law Offices of LopezN euharth LLP 401 East Louther Street, Suite 101 Carlisle, P A 17013 (71 7) 258-9991 LAW OFFICES OF LOPEZNEUHARTH LLP David Lopez, Esq. Aaron Neuharth, Esq. Megan Riesmeyer, Esq. Mary Beth Shank, Esq. 401 East Louther Street, Suite 101 Carlisle, Pennsylvania 17013 Telephone (717) 258-9991 Facsimile (717) 258-9993 www.lnlegaI.com P.O. Box 359 232 Lincoln Way East Suite A Chambersburg, P A 17201 (717) 264-2939 Brian Skalka. Parale2:al o Renlv to Carlisle o Reply to Chambersburg RELEASE FOR MEDICAL RECORDS I, LILLIAN V. FLANNERY, who resides at CLAREMONT NURSING HOME and whose birth date is () '3 / D 5" Ii 12 Y I I : III . respectively, hereby authorize ~'{. -;1 ~~7 l'. Ct.f'f1Y/,c-n1' IJt~J ~...s..., to release to the Law Offices ofLopezNeuharth, LLP, 401 East Louther Street, Suite 101, Carlisle, Pennsylvania 17103, copies of any and all psychiatric, social, psychological and medical infonnation pertaining to HIV, AIDS and drug and alcohol testing and treatment from the clinical record pertaining to my admission(s) of all from -COMPLETE FILE- through the present. I understand that my authorization shall remain effective for a period of ninety (90) days from the date of my signature and that all information released will be handled confidentially, in compliance with the Federal Privacy Act (P.L. 93-575), and the Federal Alcohol and Drug Abuse Act (P.L. 92-282) and the Pennsylvania Mental Health Procedures Act, 1976. This authorization shall allow the Law Offices of Lopez Neuharth, LLP to release the original or copies of any medical, psychological and psychiatric records, reports, evaluations and/or progress notes that pertain to myself. I also understand that I may revoke this authorization (except to the extent that action has been taken in reliance thereon) at any time by written dated communication to C I ~ A!L~ ~. -', I oJikrdL/VO ~. ". W,4>i-v <.. ,l/ ,~~ ~ Witnes;... .. / -- Signature -S-a\~~ Date/ EXHJ8JT A . . . , VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. 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. Date: {O/3/05 -