HomeMy WebLinkAbout11-13-08IN RE: : IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT W. SIPS,
An Alleged Incapacitated Person : NO. ~\ ~`~ ~~\~
ORPHANS' COURT DIVISION
PETITION FOR AllJUDICATION OF
INCAPACITY AND APPOINTMENT OF GUARDIAN
AND NOW, comes Doris M. Sipe, by and through her attorney, Mark A. Mateya, and
~°espectfully represents:
1. Robert W. Sipe is and adult individual, age 73 (DOB 8/5/1934), and is presently a
patient at Forest Park Health Center, 700 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania.
2. Doris M. Sipe, is the wife of Robert W. Sipe and is an adult individual, age 76
SDOB 1112/1932), and is presently residing at 539 Second Street, Carlisle, Cumberland County,
Pennsylvania 17013.
3. Robert W. Sipe, is the father of S children:
a. Lester Sipe
r~ ;~~
~.-~
~
RR 1, Box 95 "~ n -
Shumway, IL 62461 ~ "? `-~' -
c~
b. Robert Sipe, Jr. _ ~-~
-
- ~.~ - -
7532E 1500``' Avenue "~
'
' = ~- `-
Effingham, IL 62401 .,,~ `•°• ~ -, ~~
o -.
c. Beatrice Shaffer
710 Owl Ct.
Mechanicsburg, PA, 17055
d. Michael Sipe
3517 Pleasant Valley Road.
Elliottsburg, PA 17024
e. Roy James Sipe, whose present address is unknown to his family.
C I
4. Robert W. Sipe has had a limited relationship with his children and it is believed
and therefore averred that none of Robert W. Sipe's children will accept the appointment of
Guardian of Respondent.
5. Robert W. Sipe's brother, John Sipe, resides at 90 Salem Church, Lot #506,
Mechanicsburg, Pennsylvania. John Sipe consents to serve as Guardian for Robert W. Sipe as he
is more conveniently located in order to handle the affairs of Robert W. Sipe. A copy of John
Sipe's Consent to Appointment of Guardian of Robert W. Sipe is attached hereto as Exhibit "A"
and is incorporated herein by reference.
6. John Sipe has no interest which would adversely affect the guardianship of Robert
W. Sipe.
7. Robert W. Sipe was formerly a member of the armed services having served in the
U.S. Army.
8. Robert W. Sipe does not presently receive any benefits from the t1.S. Veterans
Administration or its successor.
9. On or about March 31, 2008, Doris M. Sipe initiated a Divorce action in the Court
of Common Pleas of Cumberland County, Pennsylvania, to file number 08-2036.
0. A copy of the Divorce Complaint was served on the Robert W. Sipe, on or about
April 10, 2008.
ll . At the time of the filing of the Divorce Complaint, Robert W. Sipe was sui juris.
12. Robert W. Sipe has a duly executed Power of Attorney which names Doris M.
Sipe as his Power of Attorney and there are presently no other persons appointed to act on his
behalf'.
l4. Because of the pending divorce action, Doris M. Sipe will not be able to serve as
Power of Attorney for Robert W. Sipe.
l4. Robert W. Sipe has since the filing of the divorce action become mentally
diminished to such a point that he is unable to make decisions concerning his care and welfare.
I5. On or about September 29, 2008, a Neuropsychological examination was
conducted on Robert W. Sipe by Prism Psychological Services which concluded that Robert W.
Sipe is not considered to be competent to make decisions concerning his own best interest.
16. Robert W. Sipe is unable to handle decisions concerning his financial estate. It is
believed that the income of Robert W. Sipe is approximately $1,453.03 per month; Robert W.
Sipe"s net worth is nominal.
17. Robert W. Sipe receives monthly distributions from Social Security in an amount
of $ I ,28920and a pension from Diversified Investment Advisors -Penske of approximately
$163.83 per month.
18. Robert W. Sipe is mentally unable to comprehend the costs of day to day living
expenses including costs of food, rent, healthcare, etc.
19. Doris M. Sipe seeks to finalize the divorce filed to the aforementioned case
number but is unable to do so due to lack of mental capacity of Robert W. Sipe.
20. It is in the best interest of Robert W. Sipe to have this Honorable Court appoint a
Guardian for him.
21. There have been no other legal proceedings brought in this or any other court
concerning the competency of Robert W. Sipe.
22. Robert W. Sipe presently has no guardian appointed to handle his affairs.
23. Doris M. Sipe requests that this Honorable Court appoint a Guardian to handle the
day to day decisions concerning Robert W. Sipe's financial well being as well as his personal day
to day living decisions.
WHEREFORE, Doris M. Sipe respectfully requests that this Honorable Court issue a
Rule to Show Cause why Robert W. Sipe should not be adjudge an incompetent and a guardian
appointed to act on his behalf.
Respectfully submitted,
~•:
Mark A. Mateya, Esqui~°~
Attorney ID No. 78931
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 -Fax
~ { Attorney for Doris M. Sipe
i
Dated: , ~ r`( l ~ Ll ,' ~~
To Whom it May Concern,
Please be advised that I am the brother of Robert W. Sipe. I hereby consent to serve as
Guardian of Robert W. Sipe in the event that this Court deems Robert W. Sipe incompetent.
Respectfully,
Jo ipe
Date: ~(~ LI ~~
-~-
EXHIBIT
~~
VERIFICATION
I, Doris M. Sipe, verify that the facts set forth in the foregoing document are true and
correct to the best of my knowledge, information, and belief. I understand that false statements
herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to
authorities.
,J ~
" G'
DATED: / ~ ~ / ~ O Y'C~i' Z'1'~ ~ ~~-.
Doris M. Sipe