HomeMy WebLinkAbout08-11-09IN RE: : IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT W. SIPE, ,~,
An Alleged Incapacitated Person : N0.21-08-1118 4 _~,
ORPHANS' COURT DIVISION ~o
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AMENDED FINAL DECREE `4m
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this day of
NOW .S , 2009, based upon the evi~~€ ~
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received and the record, this Court mds clear and convincing evidence that ROBEo)~J W. ~ ~~
SIPE is, and therefore is adjudged, a totally incapacitated person. :n ~ e ~-~~
The Court finds that ROBERT W. SIPE suffers from dementia, which condition totally
impairs his capacity to receive and evaluate information effectively and to make and
communicate decisions concerning the management of his financial affairs or to meet essential
requirements for his physical health and safety. These judicial determinations have taken into
consideration the matters required by 20 Pa. C.S.A.
Accordingly:
John Arthur Sipe, Sr., is hereby appointed Guardian of the Estate of ROBERT W. SIPE
and shall have authority and responsibility to manage and use the incapacitated person's property
for his benefit in accordance with 20 Pa. C.S.A. 5536(a) and 20 Pa. C.S.A. §5536(b)(8). The
Guardian of the Estate of ROBERT W. SIPE shall take control of the incapacitated person's
property and assure that it is adequately protected against loss; shall invest said property in
investments suitable to the incapacitated person's circumstances; shall pursue the incapacitated
persons's outstanding claims; shall if necessazy seek an accounting from such one or more
persons as have controlled the incapacitated person's property; shall establish a budget and shall
file a report with the Clerk of the Court about assets, investments, receipts and disbursements, as
required by 20 Pa. C.S.A. §5521(c), within twelve months of this Decree and annually
thereafter. The Guazdian shall file an inventory with the Court in accordance with 20 Pa. C.S.A.
§§5521 and 5142 within three months of this Decree. According to 20 Pa. C.S.A. §5536(a) and
20 Pa. C.S.A. §5536(b)(8), the Guazdian of the Estate of ROBERT W. SIPE is authorized to
spend income, 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, for the benefit of ROBERT W. SIPE for the aforesaid purposes without the
Court's written approval. The Guazdian of the Estate of ROBERT W. SIPE shall not be required
to post a bond.
Any existing general power of attorney, limited power of attorney and/or health caze
power of attorney executed by the said ROBERT W. SIPE is hereby specifically revoked and
rendered null and void.
The said ROBERT W. SIPE has the right to appeal this Decree to the Superior Court of
Pennsylvania within thirty (30) days of this Decree.
The aforementioned judicial determinations have taken into consideration the matters
required by 20 Pa. C.S.A. 5512.1. The findings of fact and conclusions of law have been made
of record at the evidentiary hearing.
BY THE COU
J.
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: ROBERT W. SIDE CUMBERLAND COUNTY
PENNSYLVANIA
NO.08-1118
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE:
JUDGE'S INITIALS:
TIME STAMP DATE:
IN RE: AMENDED FINAL ORDER
SERVICE TO: MARK MATEYA
JOHN SIPE
METHOD OF MAILING:
® USPS
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^ HAND DELIVERED
^ OTHER
MAILED: 08/11/09
SERVICE TO:
ENVELOPES PROVIDED BY:
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
METHOD OF MAILING:
^ USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
eputy
Clerk of Orp s' Court