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Home My WebLink About03-25-15 IN RE: ESTATE OF KATHERINE : IN THE COURT OF COMMON PLEAS O_� : �:, ELIZABETH ZULLO, : CUMBERLAND COUNTY, P��SYL��IIA � '�'; AN INCAPACITATED PERSON : ' -7 . , : Docket No. v��J�'��0 ,� . c.r a : Orphans' Court Division .- _..__: .,:; �..r, : �..:� PETITION FOR TRANSFER OF FOREIGN GUARDIANSHIP ORDER _...- - , ;. PURSUANT TO 20 Pa.C.S.A. �5922 ��' AND NOW comes Barbara J. Zullo and Anthony S. Zullo, by and through their attorney, Hannah Herman-Snyder, Esquire, and petitions the Court as follows: 1. Petitioners are Barbara J. Zullo and Anthony S. Zullo, adult individuals currently residing at 228 North 25t" Street, Camp Hill, Cumberland County, Pennsylvania. 2. Petitioners were granted guardianship of the person of their daughter, Katherine Elizabeth Zullo, hereinafter "Katherine," on March 13, 2013, by the State of New Hampshire, New Hampshire Circuit Court, and a certified copy of the Order is attached hereto and incorporated herein by reference as Exhibit"A." � 3. A Certificate of Appointment (Letter of Appointment) was issued on April 3, 2013, by the State of New Hampshire, New Hampshire Circuit Court, and a certified copy of the Certificate of Appointment is attached hereto and incorporated herein by reference as Exhibit `B." 4. Petitioners moved from New Hampshire to their current residence in the spring of 2014, with Katherine moving to Pediatric Specialty Care of Lancaster, 120 Rider Avenue, Lancaster, Lancaster County, Pennsylvania, on Apri122, 2014. \ \ � 5. Petitioners filed the annual report required of them with the State of New Hampshire, New Hampshire Circuit Court, signing and submitting the same on or about February 13, 2015, and a copy of the annual report is attached hereto and incorporated herein by reference as Exhibit"C." 6. Petitioners' annual report clarified the move of the Petitioners and Katherine, with both permanently moving to Pennsylvania, and further specified that Katherine's stay in Lancaster was temporary as she is working to be transitioned to an appropriate skilled nursing facility. 7. After filing their annual report, Petitioners received communication from the State of New Hampshire, New Hampshire Circuit Court, regarding the necessity for them to transfer the guardianship matter to Pennsylvania, and as they are residents of Cumberland County, Pennsylvania, they are filing the transfer request in this Court. 8. Petitioners, who did not have counsel in the proceedings in the State of New Hampshire, New Hampshire Circuit Court, were ordered to post bond in the amount of $5,000.00, and intend to ask the Court in the State of New Hampshire, New Hampshire Circuit Court to relinquish that requirement in the transfer of the action, and also request of this Court not to maintain the bond requirement. 9. There has been no prior Judge involved in this matter. WHEREFORE, Petitioners request this Honorable Court grant a Provisional Order granting the request to transfer the Order of March 13, 2013, issued by the State of New Hampshire, New Hampshire Circuit Court, with the Order appointing them as guardians of the person of Katherine Elizabeth Zullo, with a Final Order being issued upon this Court's receipt of a Final Order from the State of New Hampshire, New Hampshire Circuit Court, transferring this matter to Cumberland County, Pennsylvania, and direct that Notice of these proceedings be provided to Katherine Elizabeth Zullo, via certified mail, return receipt requested, being sent to her attending physician or the director of her facility, and notice shall be provided to the facility via certified mail,return receipt requested, being sent to the director of the facility. Petitioners further request the following: 1. The Final Order not contain a requirement that Petitioners maintain a $5,000.00 bond. 2. The Final Order direct the Petitioners to follow the requirements of Pennsylvania laws in regards to the reports necessary for them to file, such that they are bound by the requirements of 2U Pa.C.S.A. §5521. 3. The Final Qrdet� direct that outside of the powers expressly granted the guardians in the Order of March 13, 2013, the laws of Pennsylvania apply as to the powers the guardians have, and the guardians shall submit themselves to all laws of Pennsylvania applicable to guardianship matters. Respectfully Submitted, � � j� .l f, .,;. �� c�� Hannah Herman-Snyder, Es' uire Attorney for Petitioners Supreme Court ID No. 91537 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 THE STATE OF NEW HAMPSHIRE JUDICIAL BRANCH NH CIRCUIT COURT 9th Circuit- Probate Division - Nashua Telephone: 1-855-212-1234 30 Spring Street, Suite 103 TTY/TDD Relay: (800) 735-2964 Nashua NH 03060 http://www.courts.state.nh.us CERTIFICATE OF COPY Case Name: Guardianship of Katherine Elizabeth Zuilo Case Number: 316-2013-GI-00355 I certify that the attached documents are true copies of the documents on file and of record at the Hillsborough County Probate Division. The following documents are attached to this certificate of copy: Guardian over the Person Order This document, when signed under seal, certifies that this certificate is true and accurate. o� �'��l.d�c�/L.� March 16, 2015 Sherry L. Bisson, Clerk of Court NOT VALID WITHOUT PROBATE DIVISION SEAL EXHIBIT � NHJB-2435-P(07/Ol/2011) ' � TF�� STATE OF N�EW HAMPS _�RE JUDICIAL BRANCH � NH CIRCUIT COURT 9th Circuit-Probate Division-Nashua Telephone: 1-855-212-1234 30 Spring Street, Suite 103 TTY/TDD Relay: (800)735-2964 Nashua, NH 03060 http:/lwww.courts.state.nh.us GUARDIAN OVER THE PERSON ORDER Case Name: Guardianship of Katherine Elizabeth Zutlo Case Number: 316-2013-GI-355 After a hearing held at this court, and upon due consideration of the petition for guardianship filed by Barbara Zullo and Anthony S Zullo and all the evidence proffered thereon, the court renders the following findings as required by RSA 464-A:9, III (a)-(d), namely: (a) Katherine Elizabeth Zullo ("ward") is incapacitated. (b) Guardianship is necessary as a means of providing for the ward's continuing care, supervision, and rehabilitation. (c) There are no available alternative resources which are suitable with respect to the ward's welfare, safety or rehabilitation. (d) Guardianship is appropriate as the least restrictive form of intervention consistent with the preservation of the ward's civil rights and liberties. The court finds that the ward is incapable of exercising the following rights, namely, the right to: Travel or decide where to live. Refuse or consent to medical or other professional care, counseling, treatment or service, including the right to be admitted or discharged from any hospital or other medical institution providing such at the lawful direction of the guardian of the person. Have access to, grant release of, withhold, deny, or refuse authorization for the guardian of the person to obtain access to and release of the ward's confidential records and papers insofar as the same may be reasonabl� needed by the guardian of the person to ensure that the ward's mental, emotional and physical health concerns are properly addressed and treated. Cancel, reject, or oppose any authority or power of the guardian of the person duly exercised pursuant to this order. Initiate, defend or settle lawsuits. Make contracts or grant power of attorney or other authorizations. Make decisions concerning educational matters and training. '?Y, ,, NHJB-2446-P(07/01/2011) Case Name: Guardianshi of Katherine Elizabeth Zullo Case Number: 316-2013-GI-355 I RT EP - R R APPOINTMENT The court appoints Barbara and Anthony S Zullo as guardians over the person of the ward. The guardians' mailing address is 89 General Miller Rd., Peterborough, NH 03458 and their telephone number is 603-924-7020. The guardians are granted the right to exercise those rights as specified in this document, subject to any limitations imposed upon the guardian under RSA 464-A, and such other limitations including but not limited to those listed in this document. The guardian of the person shall act with respect to the ward in a manner which safeguards, to the greatest extent possible, the ward's civil rights, and shall restrict the ward's personal freedom only to the extent necessary. GUARDIANSHIP OF THE PERSON The guardian of the person shall have all the rights and powers specified herein, subject to those orders and limitations also specified herein, namely: The right and authority to determine where the ward travels or lives. The right and authority to determine if refusal should be made or consent should be given to any medical or other professional care, counseling, treatment, or service provided however, that: a. The guardian of the person shall not have the right or authority to place the ward in the New Hampshire Hospital or a similar state institution, except pursuant to RSA 464-A:25 I,(a), without the prior approval of the court; and b. The guardian of the person shall not have the right or authority to give consent to or contract for psychosurgery, electroshock therapies, sterilization or any other experimental or extraordinary treatment or procedure of any nature without the prior approval of the court. The right and authority to gain access to all confidential records and papers of the ward for the limited purpose of assessing and addressing the ward's personal needs and concerns from time to time. The duty to file an annual report of the present status, circumstances, and condition of the ward within ninety (90) days of each anniversary date of appointment in accordance with the provisions of RSA 464-A:35. To the extent not otherwise encompassed within the foregoing, the guardian of the person shall have all of the rights, powers and authorities set forth in RSA 464-A:25. BOND INFORMATION Prior to the issuance of letters of guardianship, the guardian of the person is ordered to file with the court a fiduciary bond in the amount of $5,000.00 without sureties. NHJB-2446-P(07/01/2011) Case Name: Guardianshi of Katherine Elizabeth Zullo � Case Number: 316-2013-GI-355 AR I V R TH P - RD R NOTICE TO WARD THE WITHIN ORDER APPOINTS BARBARA AND ANTHONY S ZULLO AS GUARDIAN OVER YOUR PERSON. YOU HAVE THE RIGHT TO APPEAL THIS ORDER AND THE GUARDIANSHIP APPOINTMENT(S). IN ORDER TO CLAIM YOUR APPEAL, YOU MUST FILE A NOTICE OF APPEAL AND EIGHT (8) COPIES THEREOF WITH THE CLERK OF THE NEW HAMPSHIRE SUPREME COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE TO YOU OF THIS DECISION. YOU HAVE THE RIGHT TO SEEK ALTERATION OR TERMINATION OF THIS GUARDIANSHIP AT ANY TIME. ANY APPEAL TO THE NEW HAMPSHrRE SUPREME COURT SHOULD BE ADDRESSED AS FOLLOWS: Clerk of Court New Hampshire Supreme Court One Charles Doe Drive Concord, New Hampshire 03301 March 13, 2013 Date dge NHJB-2446-P(07101/2011) THE STATE OF NEW HAMPSHIRE JUDICIAL BRANCH NH CIRCUIT COURT 9th Circuit- Probate Division - Nashua Telephone: 1-855-212-1234 30 Spring Street, Suite 103 TTY/TDD Relay: (800) 735-2964 Nashua NH 03060 http://www.courts.state.nh.us CERTIFICATE OF APPOINTMENT (Letter of Appointment) Case Name: Guardianship ofi KatiiErine Elizabeth Zullo Case Number: 316-2013-GI-00355 On March 13, 2013, the following person(s) was/were appointed to perform the duties of guardian(s) over the person of Katherine Elizabeth Zullo, 89 General Miller Road Peterborough NH 03458 Home: 603-924-7020. The named guardian(s) accepted this responsibility. Guardian(s) Barbara J. Zullo 89 General Miller Road Home: 603-924-7020 Peterborough NH 03458 Anthony S. Zullo 89 General Miller Road Home: 603-924-7020, Peterborough NH 03458 Cell: 203-451-8729 The rights, duties, and powers of the guardian(s) are stated in orders or decrees issued by the court and are limited or restricted as expressly stated in those documents. This document, when signed under seal, certifies that this appointment did occur as stated and remains in effect as dated below. A ril 03, 2013 � �� N Sherry L. Bisson, lerk of Court NOT VALID WITHOUT PROBATE DIVISION SEAL EXHIBIT � NHJB-2506-P(07/01/2011) � ' THE STATE OF NEW HAMPSHIRE JUDICIAL BRANCH http:/Iwww.cou rts.state.nh.us Court Name: �1�h ('�Yc�+� -� - I�ro�ufe t�� v�`S:o� y ��S�k�c. Case Name: Guardianship of 1'�a-f�i�e•-:h�e l;zc��e� Zu�`o - Case Number: 21�� ao�3 - G� - aa 355 (if known) ANNUAL REPORT OF THE GUARDIAN OF THE PERSON REPORTING PERIOD: /vla��!^ �3 2-O l S� - l't�rU �c✓y 13 , ZD l Jr 1. Guardian Name Q��bc�r�. J. Zuflo Telephone �i7-�y7' 6d'?� Mailing Address �.� g 1v �S� �5`�'�� Ca.-,-►� ��[l� l�f1- l�v!J Guardian Name A�ti,�l u.+� S. Zu llo Telephone ��7-Sy7^ ��7� Mailing Address ��8 N a s'� str�f Ca�►v l��!l� I�f� /7 0! l 2. Ward Name Kc��-1�e►�:he ��!%Zu be�'� Zul�a Date of Birth 0 3 � $ ( �15 Telephone '7�7-3�I 4�- Dd''t��- Mailing Address 120 l��d c r �}venu,� Lu y cu�s�r' l�A ��0 3 - Residence address, if different from above P ' 3. Name of facility where ward resides I�e��u+r;C S pe c�a 1 �� Ca��e o� Lah�Gs�r Type of facility: ❑ Private home ❑ Group Home ❑ Nursing Home ❑ Institution ❑x Other(specify) ��fr�� S<<��le� hu�.�ti ��1�� Contact Person I"�a++�ew �� ) Telephone ��7-39� - O��'a k�� 4. Describe the following: Supportive services being provided the ward: I�`FI,�r►n�e re c�;✓eS S!G'I(e� rLc.�.�s,-nq Gc�re -�or ��✓' Me�%Cal/y �✓a,T. �L e�„��'�,en 5�e rece; ve� oT� a�� li�� e�ti �e-rar��S Appropriateness of care and treatment: ,�1 /l / n / �a�'��r�n t h G..S cL h G2 c G t�r l�ri n C C ��iTEr' '7��"aY+-� ��►� �M,S ,Sc h�ol�-ri� c e ve b r�� I��lS�f �n Pk�`1 a�c�v�i�G. t �i9 u� �'ti��n9 �rorr► �i er- �c��/ ol•�5�7')rG7� 5. Describe physical health of ward S�u6�� Significant changes since last report S+a bl� Hospitalizations since last report n on e Surgical procedures since last report nan2 Illnesses since last report (�-..1-• Com�� r�ld 6. Deseribe mental health of ward ;n c 4,�Gc ; �a�c� — Psychiatric treatments si EXHIBIT � ` Case`Name: Guardianship of `}' �r:n E• Zc��10 Case Number• 31 (o �'"' ' - `�""' - "'�� d�v� ,� �.-+, vv.�.�✓ . . ;' R��;R��THE GUARDIAN OF THE PERSON AQULT 7. Has there been any change of living conditions of the ward since the last report? � Yes ❑ No If yes, please explain. i-roM �►ome -fo I�d�4��'c 5��,u/�i �'�� 'H�u��i ilE KA-!'1.�r.:,.. w.d hcr -�o.�..;�YC te�kl5uard«v-S� ha�c. M�av�cd ta �,+sylvov�.>a. 8. If the ward lives with the guardian, list the names and addresses of any adults who are new to the home since the last report. Those persons must complete a Criminal Record Release Authorization form and DHHS Record Release Authorization form and file the forms with the court. n�Cc. 9. Specify any proposed changes in the living situation of the ward. l�a-M.<�,�� w;ll qo -Iv �k�..c. H-�.S SrJ�.�vl �r f�r��rw! (�u�s�/ ard �-�a•�.s��o�--� �"'� G�.v� !�.f�a r�,,,��%�'�'�. �hC�l�ec� /1t,�rS i n�P T"a c � I.�T�►a�e T'��Y � M G�.-y u r�� G. �°W� ��n e �� orK� /?q. 10. Specify guardian's plan for preserving and maintaining the well-being of the ward. ��y,�{'�e►r,-nt w;lt fewta;n in u+� �rv��r-�'c..� ,�'k�ll2� nurS�n.y �i�.�,��' �'y . 11. If guardian is being paid for services indicate the source: n� a And amounts: fee $ Prior fees to date: $ 12. Guardianship should be: � Continued ❑ Terminated ❑ Altered Specify facts supporting your recommendation and provide any other information that may assist the court to better assess the general welfare of the ward. �►,.�-1,o�v Z�.t�o awd r�.�Sel-�Lj�a.�ba,-q Zr,�.�� are. I,e.r ,�a��a � ��o�h i��r,�,�,-1-s l ove I��r �e►�-�T w��, a�,� l�a✓e h e� hes� �'��rrsfs -- lo�K� � a-��• I certify that on this date I provided this document(s) to the ward by: ❑ Hand-delivery OR � US Mail OR ❑ Email (E-mail only by prior agreement of the parties based on Circuit Court Administrative Order). �l�� I� s �� 2,�.0� Date Guar ' n ' ature ��3�i 3� Date Guardia Si ature ORDER Read and Noted. No further action is needed. ❑ Read and Noted. The following further action is needed: Date Judge VERIFICATION I verify that the statements made in the foregoing document are true and conect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: ��Z I S BARBARA . ZULLO VERIFICATION I verify that the sta.tements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,relating to unsworn falsifications to authorities. DATE: " �.3 ) ANTHONY S. ZULLO