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Home My WebLink About09-18-08Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717)-249-2761 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION IN RE: GUARDIANSHIP OF JED V. IYIINAYA No. a \ b~ (~r1~~ ~l O l" `J ~ ~~ i Civil Action -Petition for Adjudication ~, .~ Incapacity and Appointment of Guardiar~~ ~~ of Estate and Person , '=~ --~ -,-; .. `r-- tv Petition Seekins Adjudication of Incapacity and Appointment of Guardian of tie Estate and Person in Accordance with 20 Pa. Cons. Stat. Ann. & 5511 and Affidavit to Excuse Appearance of Alleged Incapacitated Person at Adjudication Hearin "CO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Petitioner, by and through counsel, Lee Eric Oesterling, Esquire, is Barbara Minaya, the wife of Jed V. Minaya, (hereinafter, "Jed Minaya", "Mr. Minaya" or the "alleged incapacitated person") 2. The alleged incapacitated person was born on April 12, 1949, is 59 years of age is _ { -- ,~.~ married, and since July 19, 2008 has resided at Montefiore Hospital 200 Lothrop Street, 8~' Floor room 840 South, Pittsburgh, PA 15213, and has a post office address of 48 Honeysuckle Drive, Mechanicsburg, PA 17050. For purpose of domicile the "alleged incapacitated person" is domiciled in Cumberland County, Pennsylvania at the aforementioned Mechanicsburg address. 3. The following persons are to the best of petitioner's knowledge, information and belief the only living next-of--kin of the alleged incapacitated person: (1) Barbara A. Minaya, Spouse 48 Honeysuckle Drive,Mechanicsburg PA 17050; (2) Drena L. Mark, Adult Daughter, 32 East Pitt Street, Cannonsburg, PA 15317; (3)Angela C. Mooney, Adult Daughter, 5920 Spring Road, Lot 1, Shermansdale, PA 17090 and (4); Lana D. Lojek, 24630 Lippert Road, Cochranton , PA 16314. There are no living ancestors or collateral relatives of the alleged incapacitated person. 4. The name and address of the person (or institution) providing residential services for the alleged incapacitated person is/are: Montefiore Hospital, 200 Lothrop Street 8th Floor, Room 840 South, Pittsburgh, PA 15213. 5. To the extent known by petitioner, the assets of the alleged incapacitated person are valued at approximately $259,000.00 comprising the following: $6,000.00 in individual Savings, $6,000.00 Joint Checking Account with wife at PNC Bank; IRA through Ameriprise Financial valued at $133,000.00; a personal residence held by the entireties at 48 Honeysuckle, Drive Mechanicsburg, PA 17050 Pennsylvania, valued at $179,000.00 less liens of $65,000.00. 6. Petitioner estimates the alleged incapacitated person's annual income to be $53,000.00 in retirement income that petitioner may deposit but is unable to disburse as financial obligations come due for lack of present status as attorney in fact or legal guardianship. 7. The alleged incapacitated person wasJwas not a member of the armed services of the United States and is/is not receiving benefits from the United States Veterans' Administration. 8. The alleged incapacitated person suffers from injuries secondary to a motorcycle accident resulting in trauma to the C2 vertebrae and spinal cord /brain stem. He is ventilator dependant and unresponsive in terms of mental status and physical response to painful stimuli. F[is specific diagnosis as per his treating physician is Diffuse Axonal Injury Post Head Trauma and Coma. According to multiple sources compiled in Wikkipedia, Diffuse Axonal Injury or (DAI) " is one of the most common and devastating_types of traumatic brain injury, occurring in about half of all cases of severe head trauma and also occurring in moderate and mild brain iniury- It is a type of diffuse brain injury, meaning that damage occurs over a more widespread area than in focal brain injury. DAI, which refers to extensive lesions in white matter tracts, is one of the maior causes of unconsciousness and persistent vegetative state after head trauma Though diffuse axonal injury seldom kills the outcome is frequently coma with over 90% of patients with severe DAI never re aining consciousness. Those who do wake up often remain significantly impaired." A written Statement from James Sollosi, (Mr. Minaya's Case Manager), regarding his general condition is attached hereto as Exhibit "A". An affidavit from Michael Donahoe, M.D., (Mr. Minaya's Physician) which provides the aforementioned diagnosis and lbasis to excuse Mr. Minaya's appearance at the adjudication hearing is attached hereto as Exhibit ~~B„ 9. Because of his mental and/or physical condition, the alleged incapacitated person is totally unable to manage his financial affairs, property and business and to make and communicate responsible decisions relating thereto, including the ability to communicate his need for assistance in these areas. More specifically the alleged incapacitated person is unable to communicate verbally, in writing or by gesture. He is in a vegetative state in which he is ventilator dependent for breathing is incapable of feeding himself, is unable to ambulate or address otherwise normal bodily functions and daily activities such as using the restroom or bathing independently. Furthermore, and based upon the existing circumstances and prognosis, the alleged incapacitated person, is in need of placement in a facility which can better manage his need for long term care. 10. Because of his impaired mental and/or physical condition, the alleged incapacitated pf;rson lacks the capacity to make or communicate responsible decisions concerning his person and is unable to: communicate verbally, in writing or by gesture. He is in a vegetative state in which he is ventilator dependent for breathing is incapable of feeding himself, is unable to ambulate or address otherwise normal bodily functions and daily activities such as using the restroom or bathing independently. Furthermore, and based upon the existing circumstances and prognosis, the alleged incapacitated person, is in need of placement in a facility which can better manage his need for long term care yet because in his condition he is unable to personally request or arrange for these services or manage the financial aspects of providing for these services. 11. The following alternatives to the appointment of a guardian of the estate have been considered: Power of Attorney and Advance Directives were discussed over the years prior to the accident resulting in Mr. Minaya's injuries but these alternatives are ineffective for the following reasons: lack of capacity of alleged incapacitated person to execute the documents after being injured. 12. The severity of the alleged incapacitated person's mental and/or physical condition ,and the lack of viable, less restrictive alternatives necessitate that a guardian of his estate be appointed to manage and handle all aspects of the alleged incapacitated person's estate, :>pecifically including, but not limited to: all issues relating to his cash, checks, and any bank or :>avings accounts held in his name, his stocks and bonds, his personal property, his real estate, his life and other insurance of which he is a beneficiary, his entitlement to any governmental and rion-governmental benefit plans, federal, state, and local taxes, claims made or to be made on behalf of him or against him, the execution of documents, entry into contracts affecting him and tine payment of reasonable compensation or costs to provide services for him. 13. The following alternatives to the appointment of a guardian of the person have been considered: Power of Attorney and Advance Directives were discussed over the years prior to the accident resulting in Mr. Minaya's injuries but these alternatives are ineffective for the following reasons: lack of capacity of alleged incapacitated person to execute the documents after being injured. 14. The severity of the alleged incapacitated person's mental and/or physical condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of his person be appointed to handle all issues relating to the person of the alleged incapacitated person, specifically including, but not limited to: his living arrangements, his medical and psychiatric care, the administration of medication to him, and the employment and discharge of physicians, psychiatrists, dentists, nurses, therapists and other professionals for his physical and mental treatment and care. 15. Petitioner is not aware that the alleged incapacitated person signed any powers of attorney or advance health care directives or in any other way designated anyone to serve as his agent over any of his personal or financial affairs or as his surrogate over his medical care, or that he designated in writing his wishes with regard to health care, including the use or refusal of life- sustaining treatment. 16. The proposed guardian of the person and guardian of the estate of the alleged incapacitated person is Barbara Minaya, the wife of the alleged incapacitated person, who resides at 48 Honeysuckle Drive, Mechanicsburg, PA 17050. 17. The proposed guardian of the person and estate is 58 years of age and is employed as a Food service Worker at Messiah Village, having graduated with a H.S. Diploma. During the course of her marriage to Mr. Minaya, Mrs. Minaya was primarily responsible for managing the household finances 18. The proposed plenary guardians have no interest adverse to the alleged incapacitated person. 19. The consents of the proposed guardian is attached as Exhibit "C". 20. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 21. No other guardian has been appointed for the estate or person of the alleged ir.~capacitated person. 22. Bamng any unanticipated change in the alleged incapacitated person's status, he will be unable to attend any hearing on this matter. An affidavit requesting Mr. Minaya's excusal from appearance and the basis of that request are attached hereto as Exhibit"B". WHEREFORE, petitioner through counsel, Lee E. Oesterling, Esquire, respectfully requests that this court award a citation directed to Jed V. Minaya, the alleged incapacitated person, and to such other persons as this Court may direct, to show cause why Jed V. Minaya should not be adjudged a fully incapacitated person, and Barbara A. Minaya appointed as guardian of his person, and estate after a hearing on the matter. Zee E. Oeate squire Supreme Court ID # 71320 ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 (717)249-2761 From: James Sollosi, RN Case Manager /~Ifir-ney ~ ~Sy1 n!: h~ ICE: Jed Minaya This letter is to certify that the above mentioned individual is currently an inpatient at Select Specialty Pittsburgh, is currently a ventilator dependant, unresponsive in his mental status, and unable to tend to his current affairs of everyday life (i.e. placing phone calls, writing personal checks, attending to business matters). If any questions persist, please contact me at 412-586-9829. Thank you. Sincerely, ~~~" i f lames R. Sollosi, RN, Case Manager Select Specialty Hospital 200 Lothrop Street MUH E824 Pittsburgh, PA 15213 412-586-9829. Xh~b,t `~,~' ~~ AFFIDAVIT TO EXCUSE ALLEGED INCAPACITATED ' , / /'~ PERSON FROM COURT HEARING I, ~ f~ am a licensed sician (or ychologist). I have been licensed to practice in Pennsylvania since L ~~ ~ . I do hereby swear or affirm that within a reasonable degree of m ical certainty I believe that Jed Minaya, the above referred to alleged incapacitated person should not attend the court hearing in the Cumberland County Courthouse because in my professional opinion his (or her) physical or mental condition would be harmed by the transportation to the courtroom and by his (or her) attendance at the court hearing. I have based my opinion on a personal examination of the person (and/or an examination of medical records). My diagnosis is as follows: t~ My prognosis is as follows: ~U ~~ of physician or psychologist) VERIFICATION I,~~ lCoQm2T t'-]„rDczeso~ VERIFY THAT THE STATEMENTS MADE IN THE WITHIN AFFIDAVIT 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. CONS. STAT. ANN. SECTION 4904 RE~~'ING TO UNSWORN FALSIFICATION T'O AUTHORITIES. ~ ~ DATED: ~ 98 ~~~OC~,~Qilc_.~~~ . (Seal) COMMONWEALTH OF PENNSYLVANIA Notarial Sea- Dale Robert Ande-son, Notary Pttbl~ City OI Pittsbur9h~ ~~ ?A10 My Commission Expires Apr. Member, Pennsylvania Assoclatlon of Notaries ~X~Iib~t >~~ ~~ CONSENT OF GUARDIAN OF THE ESTATE (OR PERSON} I, Barbara A. Minava ,hereby consent to act as the Guardian of the Estate (or Person) of Jed Minava I reside at 48 Honeysuckle Drive Mechanicsburg, PA 17050 and am a Dining Service Associate (occupation). I am a citizen of the United States of America and can speak, read and write the English language. I have no interest adverse to Jed MInaya ,the alleged incapacitated person. Barbara A. Minava Proposed Guardian >I VERIFICATION I, ,J~~~a~u ~il1G 1 VERIFY THAT THE STATEMENTS MADE IN THE WITHIN PETITIO 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. CONS. STAT. ANN. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. -~; DATED: 1 ~- ' o ~ /'~`-' ~~~~~ ~- (Seal