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HomeMy WebLinkAbout09-10-14 RECORDED OFFICE IN THE COURT OF COMMOt�UP�L F4FYtR�LAND COUNTY, PENNSYLVANIA 2034 SEP 10 PM 2 06 IN RE: CLEt 0 ORPHANS' COURT DIVISION ZACHARY T. PRITCHETT, ORPHANS ^''c:RT No. $�� of 2014 An Alleged incapacitated PersonCUMBERLAN ? PETITION FOR APPOINTMENT OF GUARDIAN TO THE HONORABLE JUDGES OF SAID COURT: ALISSA C. MORIARTY("Alissa")files this Petition for Appointment of Permanent Plenary Guardian of Person and Estate under and pursuant to the Probate Estates and Fiduciaries Code of 1972, 20 Pa. C.S.A. §§ 5501, et seq., as amended, and respectfully represents as follows: 1. ZACHARY T. PRITCHETT, the alleged incapacitated person ("Zachary") is a nineteen year old male born on December,8, 1994. 2. Zachary currently resides with his birth mother and Petitioner, Alissa, with a present address of 507 Dakemich Court, Enola, Pennsylvania, 17025. 3. Zachary has no gross estate and has limited to income from Social Security benefits in the amount of approximately $110 per month for which Alissa serves as representative payee. Zachary works on average, nine (9) hours a week during the school year, for which he receives $3.00 per hour averaging $27.00 per week in pay. 4. Upon information, Zachary has never been married and has no issue. He has the following known relatives (including parents and grandparents): Name Relationship Address Alissa C. Moriarty Mother 507 Dakemich Court Enola, PA 17025 - 2 - QC Mr. Charles E. Pritchett, Jr. Father 7154 Forest Avenue Hanover, MD 21076 Mr. Thomas Moriarty Grandparents 18 Briarcliff Drive Mrs. Alana Moriarty Shippensburg, PA 17257 Mr. Charles Pritchett, Sr. Grandparents 610 Milford Court Mrs. Ruth Pritchett Abingdon, MD 21009-2825 5. The following persons or institutions have provided the listed services to I the Zachary: Name Address Service H. Brad Henken, D.O. 2025 Technology Parkway Attending physician J.D.C. Pediatrics Suite 108 & 109 Mechanicsburg, PA 17050 Penn State Hershey Hospitalizations as Medical Center Hershey, Pennsylvania necessary 6. Zachary's physician has diagnosed his physical and mental condition as Anoxic Brain Injury. The physician has opined that Zachary's functional limitations include an inability, without the care, supervision and the continued assistance of others, to satisfy requirements of nourishment, personal and medical care, shelter, self-protection, safety, the management of financial resources, and that no treatment rendered to date has been successful in significantly improving the aforementioned conditions and functional limitations. 7. Alissa is aware that Zachary's ability to receive and evaluate information effectively and to communicate responsible decisions is significantly impaired and will permanently preclude Zachary from independently attending to issues of medical treatment, personal care and all matters concerning personal affairs and also the management of any financial affairs. 8. Alissa requests the appointment of a guardian due to medical and psychiatric information received (as set forth above), which information contributes to Alissa's - 3 - belief that Zachary is totally incapacitated within the meaning of 20 Pa-C.S. §§ 5501, et seq. with regard to matters concerning person and estate. 9. Alissa has cared for Zachary all his life and would like to continue doing so and requests that she be appointed to serve as permanent plenary guardian of Zachary's person and estate (the "Proposed Guardian"). She has no interest adverse to Zachary and is not a fiduciary in any estate for which Zachary has an interest. 10. Alissa has investigated less restrictive alternatives to the relief requested herein, but such are not feasible due to the situation and conditions described above. Such conditions preclude the making of voluntary, informed judgments by Zachary regarding the management of his personal and financial affairs. The relief requested herein is believed to be the least restrictive available, in accordance with the recommendation of Zachary's physician. 11. Alissa believes, and therefore avers, that the potential for conflict with regard to issues of the identity of guardian and of incapacity are minimal, as: the medical evidence is uncontroverted; Zachary is cognitively impaired; and Alissa is acting as Representative Payee. Alissa believes, and therefore avers, that Zachary's other known relatives have no objection to the relief requested herein. 12. Zachary's presence in court would not be harmful or detrimental to his physical or mental condition. -4- WHEREFORE, your Petitioner respectfully requests the appointment of a permanent plenary guardian of the person and estate and that a Citation be issued directed to Zachary to show cause why he should not be adjudged incapacitated and why a permanent plenary guardian of his person and estate should not be appointed. TUCKER ARENSBERG, P.C. By (fop isher a. I.D. #201395 Tucker Arensberg, P.C. Firm #287 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Dated: 0 �9 (717) 234-4121 - 5 - CONSENT TO SERVE AS GUARDIAN This is to certify that I, Alissa C. Moriarty, the mother of Zachary T. Pritchett, the alleged incapacitated person, am aware that the alleged incapacitated person has the condition stated in the Petition for Appointment of Guardian. I am willing to serve as guardian of the person and estate of Zachary T. Pritchett if so appointed by the Court. I also certify that I will be present during the hearing for determination of the alleged incapacitated person's capacity and the appointment of a guardian. I have no interest adverse to that of the alleged incapacitated person and am not a fiduciary of any estate, trust or similar fund in which the alleged incapacitated person has an interest. By: ftlt7Z C. M. Alissa C. Moriarty Dated: Fm bi eft _Ith 12014 VERIFICATION 1, Alissa C. Moriarty, Petitioner and Proposed Guardian, state that the facts contained in the foregoing Petition are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ALISSA C. MORIARTY Dated: 2014 r•; 71 3 t �Y.