TIT. 67972014.9:19: 16 916384 = 14.819245-PP STATE OF MICHIGAN : IN THE CIRCUIT COURT FOR THE COUNTY Gr SYLVIA MAJEWSK( as next friend for DARYNE GAILEY, a Legally Incapacitated Adult, Plaintiff, Case No. 14-8192450-PP v Honorable Lisa Gorcyca AMANDA LYNN GAILEY, Respondent. SYLVIA MAJEWSKI as next friend for DARYNE GAILEY Petitioner In Pro Per 148 Kintyre Oxford, Michigan 48371 KOHL, HARRIS, NOLAN & MCCARTHY, P.C. By: Denis J. McCarthy (P4521) Lisa H. Litton (P42263) || Attorneys for Respondent 429 N. State Street, Ste 200 Caro, Michigan 48723 (989) 672-0999 RESPONDENT'S ANSWER TO PLAINTIFF'S PETITION FOR PERSONAL PROTECTION ORDER AND MOTION TO SET ASIDE PERSONAL PROTECTION ORDER NOW COMES Respondent, Amanda Lynn Gailey, by and through her attorneys, KOHL, HARRIS, NOLAN & MCCARTHY, P.C., and for her Answer, states as follows: AFFIRMATIVE MATTER ‘Sylvia Majewska obtained a Personal Protection Order against Respondent directly against Plaintiff's wishes. These parties were before this Court on May 7, 2014 on Plaintiffs “Motion for Divorce’. At that time, Daryne Gailey stated to anyone whoTIT .679/2014.9:19:48 16302 would listen, including this Court, that Daryne Gailey does not seek a Personal Protection Order against his wife. At a minimum, a guardian ad litem or separate counsel should be appointed to determine whether Sylvia Majewska and Andrew Gailey meet their fiduclary obligations towards Daryne Gailey, who explicitly stated he does not want a Personal Protection Order or a divorce from his wife, Amanda Gailey. Petitioner filed this action against the wishes of Daryne Gailey; a direct violation of MCL 700.5314, which states in pertinent part guardian shall making a major dei “emphasis added) insult with the legally incapacitated individ ion affecting -the legally incapacitated individual .. The petition is nothing more than an instrument to harass, embarrass and injure the Respondent. Respondent requests that this court sanction Sylvia Majewska and Andrew Gailey under MCL § 600.2591 for filing this frivolous petition. "Additionally, Sylvia Majewska faled to provide this Court with any documentation establishing her authorty to act on the part of Daryne Galley. Respondent does not question that Daryne Gailey is the subject of a guardianship and a conservatorship in the Oakland County Probate Court, However, Respondent questions whether Syivia Majewska and Andrew Gailey have the authority to file a divorce action or a personal protection action on behalf of an individual who is competent to state he does not wish] to have the same. Further, and upon information and belief, Daeryn Galley has been developmentally disabled his entire life, and as such the Mental Health Code, rather than the Estate and Protected Individuals Code, controls.TIT.6/972014.9:19:18 A16383 CASE HISTORY On May 7, 2014, this Court heard a motion captioned “Divorce With Child” in Case No, 14-818378-DM filed by Sylvia Majewska and Andrew Gailey on behalf of Daryne Gailey, a developmentally disabled individual. The “Divorce With Child’ motion requested a copy of a birth certificate for Daryne Gailey's minor child and an order compelling aryne Gailey's wife, Amanda Gailey, to submit the minor child to a DNA test to confi the child is in fact issue of Daryne Gailey. This motion, filed by pro se individuals, lacked any facts or authorities permitting the Court to grant the requested relief. This Court noted the rather unique circumstances surrounding the parties and commented that: the Court's research clerk would need to review this matter. Respondent provides the following background to assist the Court in unwinding this complex matter that now spans five court files. THE PARTIES Plaintiff Daryne Gailey is the son of Syivia Majewska and Andrew Gailey. in the| ” words of his parents, "Daryne Gailey is a 29-year-old with a severe cognitive impairment and seizure disorder.” Without taking a position as to the severity of the alleged limitations, Daryne has suffered from these limitations for the vast majority of tis life. Respondent Amanda Gailey is Daryne’s wife. The parties were married on August 3, 2013 in Cass City, Michigan. She receives Supplemental Security Income. due to bipolar disorder, a condition that affects roughly 4.4% of Americans at some point during their lifetime.’ Her condition is successfully treated through therapy. * U.S, nas highest bipolar rate in 11-nation study. March 7, 2011. htiputwww.cnn,com/201 1/HEALTHI03/07/US, highest bipolar. rates! 3