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Home My WebLink About06-04-09IN RE: : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLV ANIA ROBERT W. SIPE, An Alleged Incapacitated Person : N0.21-08-1118 ~., ORPHANS' COURT DIVISIOP~ ~ ~ __ ; - - ' PETITION FOR SPECIAL RELIEF '_.:. ~> ~--' c ~ _ .-;, s ~ AND NOW COMES Petitioner, John Arthur Sipe, Sr., and in support av~~; ~ ~; i. following: -~ ~' _~ ~ _ . .~ 1. Petitioner herein is John Arthur Sipe, Sr., a court appointed guardian for Robert W. Sipe. 2. A hearing was held on December 12, 2008, to determine the capacity of Robert W. Sipe. 3. The result of the aforementioned hearing was that John Arthur Sipe, Sr., was appointed guardian of Robert W. Sipe. See Exhibit "A" attached hereto. 4. As part of his responsibilities in handling the estate of Robert W. Sipe, John Arthur Sipe, Sr., has been dealing with both Forest Park Health Center and State Farm Insurance. 5. John Arthur Sipe, Sr., has attempted to liquidate Robert Sipe's State Farm insurance policies in order to provide additional cash to Forest Park Health Center, as requested by Forest Park Health Center. 6. State Farm Insurance responded to John Arthur Sipe, Sr., on May 4, 2009, (See Exhibit "B" attached hereto), that the Final Decree issued December 12, 2008, by this Honorable Court is insufficient without the inclusion of 20 Pa. C.S.A. §5536(b)(8), which specifically relates to life insurance policies. See Exhibit "C" attached hereto. WHEREFORE, Petitioner respectfully requests this Honorable Court re-issue the Final Decree concerning guardianship of the estate of Robert W. Sipe and include such language as ~/ referenced above, specifically 20 Pa.C.S.A. §5536(b)(8). ~ z~ ~ ~ Date: 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 CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing Petition for Special Relief on the following person(s) by depositing a true and correct copy of the same in the United States Mail, Certified Mail, Restricted Delivery, Return Receipt Requested and by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: John Arthur Sipe, Sr. 90 Salem Church Road Lot 506 Mechanicsburg PA 17050 Dated: ~ ~"~ ~ ~~ ~~/`~ ~ I " Mark A. Mateya, Esquire PO BOX 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax iN R1~.: .An :111c1;cc1 lncahacit:r,tcd 1'crsu^ RFC~I~~rn I'kC -, ~~ ~-- IN "1'lil? CU[lf~~i~ OF ('UM~10N PLEAS C111~1131~;ItLA\i) COUNTY, 1'ENNSYLV~~N[A OItPIIANti' COCi12T 1)IVISIUN ~ r: JJAY' ~ . _~. (_~ ;: N ()1~', t h i e f _ d a y u l' ~rGu*yyt~(`. _~ ., received and the record. this Court lied, u' att vincti/il`_~ c,`v iic+nrcl)lltatl lZ(7131 fi'I W ~~ Slf'E is, and iltcrsli)rc is adjud~;cd, a totally incapacitated per,(,;t. - . , 'N ~' ~=; -a . ~, The ('curt lends th:lt I~U131:1~ 1~ ~V. till'1•; sul7crs li~unt dementia, \vhiclt l:unc[iiR',n tota(1x' ut:n:ul:~ hiti c:tpaclty to rcceivl• anll r.•\'<~lu:ltr• ~!tl~)rrna(iult ~`I~[~_cti\ el)' and to n!aks :uul _ Ct)1T1mlIitlCale derlsil)I1S el)11CCf11111~ ells Inanar' ' ~ requirements lur his physical health anll salct~`tTl lttrscl.ludisiai'aetcrmlinat )nsthavs taken`iltti:ll considcratlon the ntattc-s relluired by 2U I'a. C,~,n, tto ncrc,rcfin~ly: U~ ~~~~~el is hcreby:thpuintea ;;u:trlli• I~C)131~[Z~I W. S11'l~: and shall h:lvc ;tulhority and respunsihilil\ ;,, ntana~ctandtU1eltltt`tte of !ncaprtcttaicd pcrson~s properly li)r his henelit in :tcrordant:c \\:;it ?U I'a. C.S.,1. 5>;6(;.t). "l~ltc (iu:uaian of the Estate o1~RO131•:IZ~I~ W. SII'I: shall lake contra! ot~the incapacitated )crso ' prunerty and assure that it is adei uatsly )rutcctrd arc,: 1 n s invc;ttltents suitable to the incapaeit:ltcdlpersun's Clrl;lU111JIllill~:,ll~,hall\ areas thcl in ~•tly in persons's uutslandinr, claims; shall it'necrssarv seek an arc(>untin~; Isom such uns or nto1etatcd pe!:,o!ls as have contrullcll tic inc:lpacitatcll pcl:tion's prupert\ _ ;ha11 establish ,1 budget and shall lilt ,; :'spurt with the Clerk ul~thc C'uurt ghoul assets, investntr:?ts, receipts :tall disbursements, :ts regttlrcd by ?0 I'a. ('.S.n. ti»~ I (c), within t\vclvs months ui~ this I)scree and annually thcreal~ter. `1~hs C;uardi:ut sh:lll lies an utvcntorv wltlt tilt; Court in accordance \vith 2U I':1. C.S.n. ~s~i~21 atld J1~12 \Vllhln lhCl'l` Illi)-ltltti ul tltts Usrrse. /lccurdirn, ~ >• (~~,,,r~:ii•, to ~U 1 ~l. C'.S.~1. j>~3G(a) the . -. ..n ul'ihc f~~t_!r,~ (>I'1?Olit'll (' ~1~. ~- >t: ; ' 1 s :rt!tlrr_~rljr_•r_I ir_~ ~i;,~lir.1 II1r:r~Il)t` Il)r IhC :11Orf'tiaI(1 purposes withuul the Court's \vriUen appruv:ll. "I~Ite (;u:u'di:ul ui~tltc l~stalc of RU131:IZ~1, W. SITE steal! nut he rsyuired to post a bond. /any c~istin~, general power ul~alturncy, limitcll powwer t)t~attorney and/or health care po\\•cr ofattorltcy executed by lets said I:U131~K'I" W. SII'l: is hereby spcritic:tlly revoked and rendered null and void. 11tc said IZU13E1Z"1~ W. S11'E ha, tie ri~lit to appeal this llecrec t,> the Suncriui !'uu:t ul~ ['cnnsylv:uua within thirty (3O) days of~this Ih•<`f~~~;~," r{-;vt>~Y Ft;vnr; p~C;CRC) '~nY wlterof, - herauntc ~; 'r;•,' Hand and the seal '~/ s•?td Court -'t ~j/` Carlisl ~ p~ thts.v("~ Y t . '~ik ~l r L / /~`~, __ ~( ~~'~ ;~ t:W' O 3tl t'u,,, I ~ S COUfQ .liu1 C~pu(Ity ~ ~~ ?~U3 ~l~llc ali;rcnlcutiuncci iuclicial clcl~~rnlinatiuns h:l~~c tak.:; into cunsi~icratic~n the nulttcrs rcquireil by 2U Pa. ~'.S..n. SS 1?. I . "Mlle lin~lin~,~s ul~ (act :lnc1 ~~.;!lclusians ol-law ha~~e been nuicic U1 1'000CIl :11 the eV1C1CI1tIII1')' I1C:11'ill~. ,~- ~, ~. • ~~ ~T•„~~ ~ ~C ~~ i~{~e -mate rarm 7172417805 p.1 State Farm Insurance Auto-LiI`e-Health-home-Business IV•lichael T. Shope, Agent b 12 1~'~'est High Street Carlisle, YA 1701:3 C)fl'ice: (71 ;) 241-3029 Fax: (; 17) 2~l 1-780. ~~lay ~, 2U09 Rc: Robert ~'~%• Sipe ~: John A Sipe Sr ~~Iark. T11is letter is to request additional information so that State Farm can process the request to cash surrender the life- insurance policies ou-Heel by Robert V~'. Sipe.. I have been made aware that Robert is no longer mentally capable of handling his affairs, and has recently been placed in a nursing Name. His brother, .iohn A Sipe Sr., has been appointed as the Guardian of the Estate in accordance with 2U Pa. C.S.rl. 5~3G(a). John made a request on Nlarch 2U. ~UU~a to cash surrender Pobert's life, insurance policies, so that the values can be givr~n to the nursing home. Alter a review 1~y State Farm's curporatc, Toga( department, the request cannot be processed with the current Guardianship order. I have been instructed that 2U l'a. C.S.A. ~»3(~(a) does not pertain to insurance matters, and that 2U Pa. C.S.A. 5.~36(b) will be necessary to complete the request_ YIease contact me with any questions that you may have. Thanks for your help. Sincere]v, ~' ~(~ ~}~ ~'~ -~ 14~Iike Shope, Agent O LexisNexis(TM) Basic Case Law & Statutes ~ Search -; Results - 20... https://www3.lexisnexis.com/bcls/auth?cacheKey=793655675&srv=... Source: All Sources > Find_Statutes Reaul~tions~Ad.mini trative Materials & Court Rules > PA -Pennsylvania Statutes Terms: 20 and 5536 (Edit Search.) 20 Pa.C.S. § 5536 Preview Annotated Version ~ Preview Shepard's ~~ Report 20 Pa. C. S. § 5536 PENNSYLVANIA STATUTES, ANNOTATED BY LEXISNEXIS(R) *THIS DOCUMENT IS CURRENT THROUGH THE END OF THE 2008 REGULAR SESSION AND THE 2008 SPECIAL SESSIONS* *** May 1, 2009 Annotation Service *** PENNSYLVANIA CONSOLIDATED STATUTES TITLE 20. DECEDENTS, ESTATES AND FIDUCIARIES CHAPTER 55. INCAPACITATED PERSONS SUBCHAPTER E. ACCOUNTS, AUDITS, REVIEWS AND DISTRIBUTION 20 Pa.C.S. § 5536 (2008) § 5536. Distributions of income and principal during incapacity (a) IN GENERAL.-- All income received by a guardian of the estate of an incapacitated person, including (subject to the requirements of Federal law relating thereto) all funds received from the Veterans' Administration, Social Security Administration and other periodic retirement or disability payments under private or governmental plans, in the exercise of a reasonable discretion, may be expended in the care and maintenance of the incapacitated person, without the necessity of court approval. The court, for cause shown and with only such notice as it considers appropriate in the circumstances, may authorize or direct the payment or application of any or all of the income or principal of the estate of an incapacitated person for the care, maintenance or education of the incapacitated person, his spouse, children or those for whom he was making such provision before his incapacity, or for the reasonable funeral expenses of the incapacitated person's spouse, child or indigent parent. In proper cases, the court may order payment of amounts directly to the incapacitated person for his maintenance or for incidental expenses and may ratify payments made for these purposes. For purposes of this subsection, the term "income" means income as determined in accordance with the rules set forth in Chapter 81 (relating to principal and income), other than the power to adjust and the power to convert to a unitrust. (b) ESTATE PLAN.-- The court, upon petition and with notice to all parties in interest and for good cause shown, shall have the power to substitute its judgment for that of the incapacitated person with respect to the estate and affairs of the incapacitated person for the benefit of the incapacitated person, his family, members of his household, his friends and charities in which he was interested. This power shall include, but is not limited to, the power to: (1) Make gifts, outright or in trust. (2) Convey, release or disclaim his contingent and expectant interests in property, including marital property rights and any right of ~'' survivorship incident to joint tenancy or tenancy by the entirety. ~ ~, (3) Release or disclaim his powers as trustee, personal representative, I oft 5/29/2009 1:32 PM LexisNexis(1 M) t3asic Case Law & Statutes ~ Search - 3 Results - 20 custodian for minors, or guardian. hops://www3.lexisnexis.con~/bc Is!auth?cacheKey=793655675&srv= (4) Exercise, release or disclaim his powers as donee of a power of appointment. (5) Enter into contracts. (6) Create for the benefit of the incapacitated person or others, revocable or irrevocable trusts of his property which may extend beyond his disability or life. (7) Exercise options of the incapacitated person to purchase or exchange securities or other property. (8) Exercise all rights and privileges under life insurance policies, annuity contracts or other plans or contractual arrangements providing for payments to the incapacitated person or to others after his death. (9) Exercise his right to claim or disclaim an elective share in the estate of his deceased spouse and renounce any interest by testate or intestate succession or by inter vivos transfer. (10) Change the incapacitated person's residence or domicile. (11) Modify by means of codicil or trust amendment, as the case may be, the terms of the incapacitated person's will or of any revocable trust created by the incapacitated person, as the court may deem advisable in light of changes in applicable tax laws. In the exercise of its judgment for that of the incapacitated person, the court, first being satisfied that assets exist which are not required for the maintenance, support and well-being of the incapacitated person, may adopt a plan of gifts which results in minimizing current or prospective taxes, or which carries out a lifetime giving pattern. The court in exercising its judgment shall consider the testamentary and inter vivos intentions of the incapacitated person insofar as they can be ascertained. Source: All Sources > Find Statutes, Regulations, Admi.nistrative_Materials & Court Rules > PA -Pennsylvania Statutes Terms: 20 and 5536 (Edit Search) View: Full Date/Time: Friday, May 29, 2009 - 1:27:26 PM EDT ~E'XISNr`'Xi~ Products & Services ~ LexisNexis Bookstore I LexisNexis by Credit Card I Feedback ~ Sign Off ~ Help About LexisNexis I Terms and Conditions ~ Privacy Statement I Support Identifier CopyrightCi 109 LexisNexis. All rights reserved. ~ °f ~ x/29/2009 I :32 PM