HomeMy WebLinkAbout02-01-10IN RE:
ESTATE OF W. ROBERT SIDE,
An Adjudged Incapacitated Person
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA ~
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ORPHANS' COURT DIVISI m
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No. 21-08-1118 ~" _
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~SY GUARDIAN OF ESTATE
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AND NOW, this ~ day of Jam, 2010, having considered the Petition for
Review Hearing Pursuant to §§ 5512.2 and 5515 of the Probate, Estates and Fiduciaries
Code, 20 Pa.C.S.A. §§ 5512.2 and 5515, as well as the evidence of record, Petitioner's
request is hereby GRANTED, and John A. Sipe, Sr. shall be removed as the Guardian of
the Estate of Robert W. Sipe and replaced with Brian D. Brooks d/b/a Pennsylvania
Guardianship Association as the successor Guardian of the Estate of Robert W. Sipe.
The successor Guardian shall provide to the Clerk of the Orphan's Court
evidence of a current bond sufficient to cover the value of Robert W. Sipe's assets. The
successor Guardian shall file a report in compliance with 20 Pa.C.S. § 5521(c) within
ninety (90) days of this order and annually thereafter.
Brian D. Brooks d/b/a Pennsylvania Guardianship Association, as the successor
Guardian, shall be entitled to receive compensation for its services as Guardian of the
Estate of Robert W. Sipe, an incapacitated person. This compensation shall be paid
monthly, beginning with the month of appointment. The amount of such compensation
shall be in accordance with the current fee schedule of Pennsylvania Guardianship
Association that is in effect when services are preformed; provided, however, if Robert
W. Sipe is now or becomes eligible for Medical Assistance the fee amount shall be no
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less than the maximum monthly amount allowable under the policy of the Pennsylvania
Department of Public Welfare regarding fees for guardians of persons receiving Medical
Assistance, this amount is currently $100.00 per month.
The Guardian of the Estate shall not enter a safe deposit box, if any, in the name
of Robert W. Sipe without prior Court authorization and supervision.
The Guardian of the Estate shall have the authority and responsibility to manage
and use Robert W. Sipe's property primarily for his benefit and sewndarily for the
benefit of his legal dependents in accordance with 20 Pa.C.S. § 5536(a). Pursuant to 20
Pa.C.S. § 5536(a), the Guardian of the Estate is authorized to spend income for the
aforesaid purposes without the Court's written approval. The Guardian of the Estate
may also spend principal assets, if any, for the care and maintenance of Robert W. Sipe
and to establish an appropriate, reasonable burial reserve without court approval.
The Guardian of the Estate shall investigate the use of Robert W. Sipe's assets
and resources during the period of his incapacity; if a shortfall in assets and/or resources
is apparent and cannot be accounted for, such steps as are economically feasible shall be
taken to recoup any funds missing, diverted and/or not used for the benefit of Robert W.
Sipe and an account of same shall be included in the successor Guardian's first report to
this court. This Decree herein voids any existing Power of Attorney instruments.
The aforementioned judicial determinations have taken into consideration the
matters required by 20 Pa.C.S. § 5512.1. The Court's findings of fact and conclusions of
law have been placed on the record at the hearing.
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In Re: W. ROBERT SIPE
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 08-1118
ORDER DATE:
JUDGE'S INITIALS:
TIME STAMP DATE:
CERTIFICATE OF SERVICE OF ORDER
IN ~~ FINAL DECREE APPOINTMENT OF SUCCESSOR
SERVICE TO: KIRK SOHONAGE
METHOD OF MAILING:
^ USPS
^ RRR
® HAND DELIVERED
^ OTHER
MAILED: 02/01/10
ENVELOPES PROVIDED BY•
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
SERVICE TO: JOHN A. SIPE
ROBERT SIPE
METHOD OF MAILING:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 02/01/10
ENVELOPES PROVIDED BY•
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT