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Home My WebLink About11-03-14 ru IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE N,8Y,EVAI`: A ORPHANS' COURT DIVISION CA) IN RE: ) No. 21-2014-0848 e-> ZACHARY T. PRITCHETT, ) - N Ce) -` An Alleged Incapacitated Person ) ORDER OF COURT APPOINTING PERMANENT PLENARY GUARDIAN OF THE PERSON AND ESTATE AND NOW, to-wit, this_day 0f 14, following a hearing held on November 3, 2014, it appearing to the Court that ZACHARY T. PRITCHETT was served on �' with a Citation and Notice in this matter, the Court finds clear and convincing evidence presented at the hearing (including the deposition testimony of Dr. H. Brad Henken, D.O.): 1. That ZACHARY T. PRITCHETT suffers from multiple conditions and disabilities f related to an anoxic brain injury, including but not limited to f r f 2. That there are insufficien resources available to assist ZACHARY T. PRITCHETT in overcoming such limitations and that there exists no less restrictive alternative mechanism for decision-making regarding his person or estate than the appointment of a plenary guardian. 3. That based on the total incapacity of ZACHARY T. PRITCHETT to receive and evaluate information effectively and to make or communicate decisions regarding his person or his financial affairs, a plenary guardian of his person is required on a permanent basis. NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings, it is ORDERED, ADJUDGED and DECREED that ZACHARY T. HBG DB:140755-1 028619-158936 PRITCHETT be and is hereby adjudged an incapacitated person and that Alissa C. Moriarty, is appointed plenary, permanent guardian of his estate and person. Alissa C. Moriarty, as permanent, plenary guardian of the person of ZACHARY T. PRITCHETT, shall have full authority to consent to the general care, maintenance, and custody of ZACHARY T. PRITCHETT, without exception. The permanent plenary guardian of the person herein appointed shall also assure that ZACHARY T. PRITCHETT receives appropriate services and shall assist him in developing self-reliance and independence. Alissa C. Moriarty, as permanent, plenary guardian of the estate of ZACHARY T. PRITCHETT, shall have the authority to marshal all of his income and assets, to pay his bills, to manage his financial affairs, and also have the authorization to spend income and principal of the estate for the benefit of ZACHARY T. PRITCHETT as if he could do so himself if he had not been adjudged incapacitated. As guardian, on behalf of ZACHARY T. PRITCHETT, Alissa C. Moriarty shall have the authority to engage in transactions with the Internal Revenue Service and the Pennsylvania Department of Revenue, if necessary. These transaction shall include, but not be limited to, filing Federal Income Tax Returns, filing Pennsylvania Income Tax Returns and requesting copies of previously filed Income tax returns. If there is a safe deposit box in the name of the incapacitated person alone or in the names of the incapacitated person and another or others, said safe deposit box shall not be entered by the guardian of the estate except in the presence of a representative of the financial institution where the box is located or in the presence of a representative of the Orphans' Court Division. The representative present at the time of entry shall make or cause to be made a record of the incapacitated person's property, and said record shall be filed with the Clerk of the Orphans' Court Division. None of the incapacitated person's property may be removed until after the aforesaid inventory is completed. - 2 - H BGDB:140755-1 028619-158936 If the safe deposit box is jointly owned, five (5) days notice of the proposed entry shall be given to the other owners by the guardian of the estate. An inventory must be filed by the guardian of the estate no later than ?l l amu! eports by the guardians of the person and of the estate shall be filed on or before / , and annually thereafter in a form approved by the Orphans' Court Division. Within sixty (60) days of the death of the incapacitated person or an adjudication of capacity and modification of existing orders, the guardian of the estate shall file a final report with the Court in the form prescribed for accounts which shall cover the period from the date of the appointment of the guardian of the estate to the date of death of the incapacitated person or the adjudication of capacity. A guardian's bond is presently waived but shall be presented for approval by the guardian of the estate within five (5) days of the guardian becoming aware of assets other than these set forth in the Petition. ZACHARY T. PRITCHETT, an incapacitated person, has the right to appeal this Order of Court by filing exceptions with the Clerk of the Orphans' Court within ten (10) days and by filing notice of such appeal to the Superior Court or to petition this Court for a review hearing to modify or terminate the adjudication of incapacity and the guardianship herein established. If ZACHARY T. PRITCHETT was not present at this hearing on appointment of guardian then he shall be notified of these rights by serving upon and reading to him a copy of this Order and the Statement of Rights attached hereto as Exhibit "A". Proof of service of the Statement of Rights shall be filed with the Clerk of Orphans' Court within ten (10) days of the date of this Order. BY THE COURT: J. - 3 - H BGD 8:140755-1 028619-158936 EXHIBIT "A" STATEMENT OF RIGHTS AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUDICATED AN ALLEGED INCAPACITATED PERSON AND UNABLE TO CARE FOR YOURSELF AND/OR MANAGE YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COURT'S DECISION WITHIN TEN (10) DAYS OF THE DATE OF THE COURT'S ORDER. IF YOU FAIL TO FILE EXCEPTIONS, THE ORDER WILL BECOME FINAL. IN THE EVENT THAT YOU FILE EXCEPTIONS AND THEY ARE DENIED, YOU HAVE A RIGHT TO FILE AN APPEAL TO THE SUPERIOR COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE EXCEPTIONS. IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME TO MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE IS A CHANGE IN YOUR CAPACITY OR IF YOUR GUARDIAN FAILS TO PERFORM THEIR DUTIES IN ACCORDANCE WITH THE COURT'S ORDER. IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COURT TO MODIFY OR TERMINATE THE GUARDIANSHIP, YOU ARE ENTITLED TO BE REPRESENTED BY AN ATTORNEY. IF YOU DO NOT HAVE AN ATTORNEY, THE COURT MAY APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN ATTORNEY, THE SERVICES OF AN ATTORNEY WHOM THE COURT MAY APPOINT FOR YOU WILL BE PROVIDED AT NO COST TO YOU. H BG DB:140755-1 028619-158936 ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: ZACHARY T PRITCHETT CUMBERLAND COUNTY PENNSYLVANIA NO.21-14-0848 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 11/3/14 JUDGE'S INITIALS: AM TIME STAMP DATE: 11/3/14 IN RE: ORDER OF COURT ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, SERVICE TO: CHRISTOPHER EFISHER/TUCKER ARENSBERG r� METHOD OF MAILING: ENVELOPES PROVIDED BY: ❑ USPS ❑PETITIONER ❑ RRR ❑ JUDGE ® HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: 11/3/14 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: ❑USPS ❑ PETITIONER ❑ RRR ❑ JUDGE ❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: eputy Clerk Orphans' Court ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: ZACHARY T PRITCHETT CUMBERLAND COUNTY PENNSYLVANIA NO.21-14-0848 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 1.1/03/2014 JUDGE'S INITIALS: AHM TIME STAMP DATE: 11/03/2014 IN RE: ORDER OF COURT APPOINTING PERMANENT PLENARY GAURDIAN SERVICE TO: JOHN MCCULLOUGH,2109 MARKET ST,CAMP HILL PA 17011 ZACHARY PRITCHETT, 507 DAKEMICH CT,ENOLA PA 17025 CHARLES PRITCHETT JR,7154 FOREST AVE,HANOVER MD 21076 METHOD OF MAILING: ENVELOPES PROVIDED BY: ® USPS ®PETITIONER ❑ RRR ❑ JUDGE ❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: 11/03/2014 SERVICE TO: ALISSA MORIARTY, 307 DAKEMICH CT,ENOLA PA 17025 MR CHARLES PRITCHETT/RUTH PRITCHETT 610 MILFORD CT,ABINGDTON MD 21.009-2825 THOMAS MORIARTY/ALANA MORIARTY, 18 BRIARCLIFF DR, SHIPPENSBURG PA 17257 METHOD OF MAILING: ENVELOPES PROVIDED BY: ® USPS ®PETITIONER ❑ RRR ❑JUDGE ❑HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: 11/03/2014 eputy Clerk of Orphans Court