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Home My WebLink About01-04-06 Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Imaclay({l)dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA INRE: DOUGLAS ANDREW .JONES An alleged incapacitated person No. ~ 1- 0 (y - \ .~ ORPHANS' COURT DIVISION PETITION TO ADJUDICATE INCAPACITATED AND APPOINT GUARDIAN OF THE PERSON/EST A TE TO THE HONORABLE JUDGES OF SAID COURT: 1. DOUGLAS ANDREW JONES, the alleged incapacitated person, was born on February 26,1987, and is now eighteen (18) years old. He had resided natural mother, DEBRA L. NOVINGER, for the first twelve (12) years of his life and since August of 2000, DOUGLAS ANDREW JONES has lived in a group home located at 489 Meadowva1e Drive, Cheswick, Pennsylvania 15024. DEBRA L. NOVINGER'S current address is 6295 Haydon Court, Mechanicsburg, Pennsylvania 17050. 2. DOUGLAS ANDREW JONES has no spouse. The names and addresses of the persons who would be the intestate heirs are as follows: a. DEBRA L. NOVINGER, natural mother, a Petitioner herein; b. TODD M. NOVINGER, step-father and proposed adoptive father, a Petitioner herein. {1: 3. DOUGLAS ANDREW JONES, the alleged incapacitated person is currently receiving SSI payments in the approximate amount of Six Hundred Six and 40/1 00 ($606.40) Dollars per month. 4. The Petitioners, DEBRA L. NOVINGER and TODD M. NOVINGER, ask that they be appointed guardian to the alleged incapacitated person, Debra's son/Todd's proposed adoptive son, DOUGLAS ANDREW JONES. 5. The proposed plenary guardians, DEBRA L. NOVINGER and TODD M. NOVINGER (hereinafter "Petitioners"), have no interest adverse to the alleged incapacitated person, DOUGLAS ANDREW JONES. 6. The reasons why this guardianship is being sought are as follows: a. DOUGLAS ANDREW JONES has moderate mental retardation and has been diagnosed with Fragile-X Syndrome with Pervasive Development Disorder (PDD) and has difficulty with Sensory Integration. According to the Johns Hopkins Family Health Book (Michael J Klag, MD., MP.H, eds., Ft ed. 1999), these are defined, or have symptoms, as follows: 1. Mental retardation can cause "delayed development in a variety of areas, including language, fine motor skills, emotional maturity, and poor overall performance in school." 11. "Fragile-X Syndrome is a form of mental retardation caused by a mutant X chromosome at a fragile site" which often causes delays in development. 111. PDD is a range of conditions that include Autism and can include symptoms such as "asocial behavior (not reaching out to parents for comfort when hurt or tired, no interest in playing with peers); the rejection, sometimes violently, of parental or sibling affection; unwillingness to make eye contact; delayed speech; failure to use speech communicatively; unusual responses to sounds, touch, and other sensations; absence of emotional reaction; self-injury, through head-banging or self-biting; engaging in repetitive obsessive compulsive or bizarre behavior; lack of fear of realistic dangers." IV. A lack of sensory integration prevents the person from being able to intake, make use of, and sort out information received from any of the five senses: sight, auditory, taste, smell, and/or touch/movement. b. The Petitioners have encountered problems in the past because their son has never been adjudicated as an incapacitated person, and thus there have been difficulties in conducting his banking and other affairs on his behalf. It should further be noted that DOUGLAS ANDREW JONES is completely unable to conduct any such business and/or legal matters on his own behalf. Finally, DOUGLAS ANDREW JONES has, on more than one occasion, left the group home and with limited ability to communicate, has narrowly escaped harm. 7. Petitioners request that they be granted powers to act for DOUGLAS ANDREW JONES, as they have continued to do, in the following specific areas: a. All living arrangements; medical and psychiatric care: administration of medication; employment and discharge of physicians, psychiatrists, dentists, nurses, therapists, and other professionals for his physical and mental treatment and care; b. That they be given complete power over his business affairs such that they may manage and otherwise direct any and all matters such as banking, deposit of checks, expenditures, and any other matters involving his property or estate. WHEREFORE, Petitioners respectfully request this Honorable Court appoint them as joint guardians of the person and estate of Douglas Andrew Jones. Respectfully Submitted, DALEY, ZUCKER & GINGRICH, LLC DATE: 12/MJ05 By: Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Imaclav@dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA INRE: DOUGLAS ANDREW JONES No. An alleged incapacitated person ORPHANS' COURT DIVISION CONSENT On this M_ day of ~C e\.J:e, ( 200 S, the undersigned, DEBRA L. NOVINGER and TODD M. NOVINGER, Petitioners in the above-captioned matter, hereby respectfully set forth the following: DEBRA L. NOVINGER is the natural mother of the alleged incapacitated person, DOUGLAS ANDREW JONES, who was born on February 26, 1987. TODD M. NOVINGER is the step-father and proposed adoptive father of DOUGLAS ANDREW JONES. An Adoption Petition is being filed simultaneously herewith. DOUGLAS ANDREW JONES had lived with his natural mother, DEBRA L. NOVINGER, until age twelve (12) and since that time, has lived in a Group Home at 489 Meadowvale Drive, Cheswick, Pennsylvania. We visit DOUGLAS ANDREW JONES almost every week and have him home for weekly visits when possible. He is a delightful presence and a gift from heaven; however, he is unable to properly care for himself. Likewise, in light of the fact that he is now above the legal age, we are not legally entitled to act on his behalf. We would like to be named guardians of our son, DOUGLAS ANDREW JONES, and in furtherance thereto, we certainly consent to our appointment as guardians of DOUGLAS ANDREW JONES as well as his estate. We give this consent of our free will, full understanding of all ramifications therein, based upon the belief that we do feel this is in the best interest of our beloved son/step- son/proposed adoptive son. / ~' / '..,' /'/ /' i ", ,", 1",' " ?)t:'- U 4 1-(:'(,,/ Lee ./ W ltness " " \\, \ J .,t} l;v,-- ~''".Jo< Debra L. Novinger DOl/tV 1/ &' /'1 yj, "f;/'/ , /C' ,// f,~'(v /Lc:i.j Witness //J/, .' ~. q {:= ~d M. Novinger / Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 lmaclay@dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA IN RE: DOUGLAS ANDREW JONES No. An alleged incapacitated person ORPHANS' COURT DIVISION MOTION TO FILE LETTER/AFFIDAVIT AND NOW, the Petitioners, DEBRA L. NOVINGER and TODD M. NOVINGER, by and through their attorney, Lindsay Gingrich Maclay, Esquire, respectfully file the attached letter and Affidavit of Dr. Bodea, the treating psychiatrist of the alleged incapacitated person, DOUGLAS ANDREW JONES. Respectfully Submitted, DALEY, ZUCKER & GINGRICH, LLC DATE: ~ By: "\Vestern Psychiatric Institute and Clinic of r..JPM C PreJl~yteriml R!rt J-Jrflhh S'j"ttliJ 381! o Hs.<2: Stfi?t}! =,t!.stJrch FA ~ 52i 3.-25-33 October 26. 2005 RE: Douglas Jones iu \V}1011i H~~fay COiicern: This is to ce11if)' that Douglas Jones is a 18-year-old white male (BD: 02/26/87) who has been in treatment at the John Merck Program for Multiple Disabilities of the University of Pittsburgh Medical Center since September 2000 for Pervasive Developmental Disorder and .Mental Retardation, Fragile X Syndrome. Patient has also a Seizure Disorder. Because of patient's primary diagnosis of Pervasive Developmental Disorder and secondary diagnosis of Mental Retardation, patient's prognosis is guarded and will require assistance in his daily living activities for the rest of his life. Patient's ability to make his OW11 financial and medical decision is impaired due to his severe emotional and mental disability. It is cllrrently projected that patient will stay in an assisted living environment for the rest of his life. Should YOll have any questions, feel free to call me. Sincerely, /1, d0 Tiberiu4ea, MD Assistailt Professor of Psychiatry University of Pittsburgh School of Medicine UPMC Center for Autism and Developmental Disorders 1011 Bingham St Pittsburgh, P A 15203 (412) 235-5445 (412) 235-5446 AFFIDA VIT I, Tiberiu Bodea Crisan, M.D., being duly sworn according to law, depose and say: (1) I am Douglas Andrew Jones outpatient psychiatrist. (2) I have been treating Douglas Andrew Jones every two (2) to three (3) months since in or around March of2003. (3) Douglas Andrew Jones has been diagnosed with the following: mental retardation; Fragile-X Syndrome; Attention Deficit Hyperactivity Disorder (ADHD); Pervasive Development Disorder (PDD); Anxiety disorder; Seasonal Affect Disorder; and Seizure Disorder. (4) Douglas Andrew Jones exhibits disruptive behavior; he is mildly aggressive; chews on things; and exhibits autistic behaviors. (5) Douglas Andrew Jones is currently on the following medications in the following dosages, which are necessary for his day-to-day functioning: Tenex, which helps to control aggressive, hyperactive behaviors (1.5 mg + Img + 1.5 mg/day); Prozac, which helps to control anxiety and symptoms of seasonal mood changes ( 30 mg one time/day); and Risperdal, which helps to control aggressive behavior, irritability, (0.5 mg two times/day). (6) Douglas Andrew Jones is isolated, minimally verbal, and avoids social interaction. (7) In February of 2004, it became necessary for me to prescribe Prozac due to Doug's seasonal mood changes that manifested through aggressive behaviors as throwing things at various people in his Group Horne, as well as hitting people in the Group Horne. (8) In February of2005, it became necessary for me to increase Doug's prescription for Prozac due to the following: Doug became more anxious and starting acting out by becoming aggressive when his demands were not met. Additionally, at that time, he started obsessing over things and daily routines. (9) In April of 2005, I had to increase Doug's dosage of Risperdal due to aggressive behavior, irritability, kicking and/or grabbing staff and other students. (10) Due to the above, it is my opinion, to a reasonable degree of medical certainty that Doug's ideal environment is a Group Home due to the fact that he requires constant supervision and a structured environment. (11) Due to the above, it is my opinion, to a reasonable degree of medical certainty that Doug will not be able to live independently as he cannot manage his own affairs, take a bus alone, he cannot cook without supervision, nor can he go shopping without supervision. (12) Due to the above, it is my opinion, to a reasonable degree of medical certainty that Doug is unable to enter into contracts due to his inability to understand their legal effect. (13) Due to the above, it is my opinion, to a reasonable degree of medical certainty that Doug should have a guardian of his person and of his estate, and that his mother and step-father should so be named. I verify that the statements made in this 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. C.S., Section 4904 relating to unsworn falsificatio to authorities. Dated: /2../1 (o( COMMONWEAL TH OF PEl'-l"'NSYL VANIA) : SS. COUNTY OFII//o/h{/}'I ) On this the AJ,'ntiJday of Dee.e.M8..t:::-R , 200 -6 before me, the undersigned officer, personally appeared TIBERIU BODEA CRISAN, M.D., known to me (or satisfactory proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. IMPJ NotarialS ] Am Lauth, NotaJy Public aty Of PitIsburgh, Allegheny Cou'lty My Olnw,MJI'I ExPres Mar. 4, 2006 Member, Penns}1vanla Association Of foblaries lIAvtv ~ , Notary Public