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HomeMy WebLinkAbout02-24-10 (2)N C -- _ r .. ~ "'t7 '~ ~ ' i. ::~ ~w ,. .... ~ m ~ ~' a:., ~ , ~ .~ !.. ' ^ rf' 4 ~ .~ N ; , Rebecca J. M.argerum, Esquire 4054 Route 225 Elizabethville, PA 17023 717-649-6713 ID# 76307 THE MATTER OF THE APPOINTMENT IN THE COURT OF COMMON PLEAS OF A GUARDIAN FOR CUMBERLAND COUNTY, PENNSYLVANIA SVEN O. JENSEN, AN ALLEGED ORPHANS COURT DIVISION INCAPACITATED INDIVIDUAL NO. 21-09-0807 PETITION TO INVADE PRINCIPAL TO THE HONORABLE JUDGE EBERT: AND NOW, this ~~~ day of~~rvar 2010, comes the Plenary y Permanent Guardian of the Estate, Keystone Guardianship Services, of the above-captioned alleged incapacitated individual, and respectfully requests that the Honorable Judge Ebert grant a request to invade Principal assets held in the Guardianship of Seven 0. Jensen, to ensure liquidity of funds from which to pay his debt and continuing daily living expenses. In support thereof, said Guardian aver as follows: -1- 1. Keystone Guardianship Services (hereinafter referenced to as "Guardian") was appointed Guardian of the Estate of Sven 0. Jensen, an alleged incapacitated person by the Cumberland County Orphans' Court by Order dated September 29, 2009, (see Order attached as Exhibit "1") . 2. Sven 0. Jensen is a resident at Arden Courts - Susquehanna of Harrisburg, located at 2625 Ailanthus Lane Harrisburg, Dauphin County, Pennsylvania since December 7, 2009. 3. An Inventory of Assets for Sven 0. Jensen was filed by the Guardian on December 23, 2009, (see Inventory attached as Exhibit "2"). 4. The anticipated receipts and disbursements for Sven 0. Jensen are as follows: Estimated Monthly Income Receipts A. Social Security $1,864.00 B. Other Interest 250.00 C. MRD for 1020 from IRA 10,317.34 - 10 W/H Tax divided by 12 773.80 Total Anticipated Income $2,887.80 Estimated Monthly Disbursements Regarding Care A. Arden Courts - care $5,000.00 B. Medical Expenses 680.00 C. Personal Needs, Etc. 200.00 D. Keystone Guardianship Service 1,000.00 Total Anticipated Expenses $6,880.00 -2- 5. From the appointment date of the Guardian to present the guardian paid expense relative to the Real Estate and Personal Property maintenance and for clean up and preparation for the public sale of the personal property and the real estate along with miscellaneous outstanding expenses as follows: Disbursements from appointment to present Regarding Real Estate and personal property A. Water, Electric, Gas, Trash, Sewer, PP&L 923.65 B. Real Estate Search 125.00 C. Real Estate Appraisal 350.00 D. Real/Personal Property Clean out; dumpster; Labor; supplies etc. 1,599.90 E. Homeowners/Car Insurance 1,132.27 F. Auto Expenses 416.01 G. Cleckner & Fearen, Attys 660.00 Total Disbursements from Appointment to present $5, 206.83 6. The Guardian has noted and is making a part of this Petition the fact that the annual taxes paid on the real estate in 2009 totaled $2,376.33. The Guardian anticipates the need to pay approximately $811.41 in taxes prior to the sale of the real estate. 7. The Guardian has presented a Petition to the Cumberland County Orphans' Court on the same date this Petition was filed to sell the Real Estate Sven 0. Jensen owned jointly with his wife Barbara Fowler no less than One Hundred Seventy Nine Thousand ($179,000.00) Dollars. -3- WHEREFORE, the aforementioned Guardian respectfully request the Honorable Judge Ebert enter an order allowing her to invade the Principal to maintain sufficient liquidity from which to satisfy any debts and living expenses of Sven 0 Jensen. Date : ~ - ~7-a'D/d Respectfully Submitted: Rebecca J. Margerum, Esquire 4054 Route 225 Elizabethville, PA 17023 717-649-6713 ID# 76307 -4- THE MATTER OF THE APPOINTMENT OF A GUARDIAN FOR SVEN O. JENSEN, AN ALLEGED INCAPACITATED INDIVIDUAL IN THE COURT OF CO1~Il~iON PLEAS CUL~ERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION NO. 21-09-0807 VERIFICATION I verify that the averments in this Petition to Invade Principal Assets are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. KEYSTONE GUARDIANSHIP SERVICES Date : ~r ~ ddb ~~ ~ -~ Constance E. Stoneroad Keystone Guardianship Services P 0 Box 804 Elizabethville, PA 17023 IN RE: IN THE COURT OF COMN10N PLEAS OF ~.., CUMBERLAND COUNTY, PENNSYL~LA~IA ~ _ SVEN O. JENSEN, _ [ '' ~ ,_ . ^ AN ALLEGED INCAPACITATED -~- = ~~ - - - PERSON NO. 21-09-0807 ORPHANS COURT =- - =-_; ..~; _ ~ .-- _~ _ .: _ _ -~ ~~ - _ ORDER OF COURT ;~~ ~ -~'• - -~ ._ c AND NO~IU, this 29~" day of September, 2009, this matter having been called for a hearing, the Court finds, upon clear and convincing evidence, that Sven O. Jensen is an incapacitated person in that he suffers from a mental impairment that prevents him from receiving and evaluating information effectively and prevents him from formulating and communicating decisions to such a significant extent that he is unable to manage his financial affairs or meet essential requirements for his physical health and safety on a daily basis. The Court appoints the Cumberland County Office of Aging and Community Services as Permanent Plenary Guardian of the Person of Sven O. Jensen. Keystone Guardianship Services is appointed Permanent Plenary Guardian of the Estate of Sven O. Jensen. IT lS FURTHER ORDERED AND DIRECTED that Cumberland County Aging and Community Services and Keystone Guardianship Services are authorized to obtain payment for their services pursuant to their fee schedules; and Cumberland County Aging and Community Services and Keystone Guardianship Services are authorized to obtain payment of guardians fees subject to a maximum of 10% of Sven O. Jensen's gross monthly income or $100 per month, whichever is less, at such time, that Sven O. Jensen no longer has sufficient assets to pay for guardianship services and would qualify for medical assistance. The posting of bond will be waived in this case. The EXHIBIT "1 " Guardians shall hereafter comply with the reporting requirements of 20 Pa.C.S. Section 5521(c), a copy of which is attached. By the Court, M. L. Ebert, Jr., \ ` J. Anthony L. DeLuca, Esquire Attorney for Cumberland Co. Aging and Community Services Nlark Bayley, Esquire Court-Appointed for Sven O. Jensen Cumberland County Aging and Community Services :'~ ,~~~E Ct~i'Y F€~Olvi RECOF~D !n Testimony wherofi, !hereunto s~-t my hand and the seal of said Court at Carlisle. PA T;~is~`"l~day ofi °~~~~20~ ;IerOc of the O ` hans Court Cumbe and County GUA.RDIAN'S INVENTORY COURT OF CO~TMON PLEAS OF CUI~TBERLAND COUNTY, PENNSYLVANIy~ ORPHA'NS' COURT DIVISION Estate of Sven O. Jensen man incapacitated Person No. 21-0 -0807 i. Real Estate: (Location, by whom occupied and rental Estimated Value: terms a licable) i I i Sub-Total for Real Estate: $o.oo 2. Persona! Yro a ~snmaLea v atue: Sovereign Bank #35io6o8S5 $1,864.00 Sovereign Bank #io54o75026 $15g~397•g3 Cash found in home $202.98 Jackson National Insurance -IRA # 1oo56g3323 $260,229.29 2002 Ford Winstar $3,905.00 Sub-Total for Personal Property: I $424~599•io 3. Jointly Held Property: Estimated Value: (Set fourth real and personal property owned by the Incapacitated person JOINIZYwith any ocher person(s). State whether held as tenants by the entireties; if not, whether [he right of __.____.___L_~ __..a_ 1 317 Carol Street, New Cumberland, Cumberland County, PA Parcel #26-23-0543-030 -Assessed value - $159~g7o $79935.00 Held Joint Tenants with Right of Survivorship with his wife, His wife, Barbara Fowler ~;, ~;-. ;- w 1..> r~ 2,t: ... ! , ~ ~ _:., _ _; . Page i of 2 ~'J Estate of Sven O. Jensen , an incapacitated Person 4. Anticipated Assets: (Set fourth property of any kind expected to be acquired hereafter, together with anticipated date of acquisitton.) Property Anticipated Date of Acquisition Estimated Value: Sub-Total for Personal Estate i $o.oo (Attach additional sheets if necessary) TOTAL OF ITEMS 1~ 2, 3~ and 4: ...................................................................... $~o4,S~4.io S. Monthly income: Social Security $ i, 864.00 Total of monthly income $1,864.00 Commonwealth of Pennsylvania County of Dauphin ss. Keystone Guardianship Services ,says that the foregoing is a full, (Guardian) True and complete Inventory of the Estate of Sven O. Jensen , The aforesaid Incapacitated Person or Minor; and that all of the information set forth herein is True and correct to the best of the Guardian's knowledge and belief. I verify that the statements made in this ) Inventory are true and correct. I under- ) Stand that false statements herein are ) made subject to the penalties of ) i8 Pa.C.S. § 4904 relating to unsworn ) Falsification to authorities. ) uardian Page 2 of 2 INITIAL OVERVIEW REPORT OF GUARDIAN OF THE ESTATE COURT OF COMMON PLEAS OF CUrIBERLA:~"D COUNTY, PENS"SYLVA~YIA ORPHAiYS' COURT DIVISION Estate of Sven O. Jensen , an Incapacitated Person No. 21-09-0807 I. LYTRODUCTION Keystone Guardianship Service ,was appointed Plenary ~ Limited Guardian of the Estate by Decree of M. L. Ebert. Jr. , J., dated September 29, 2009. A. This is the Initial Report for the period from September 29, 2009 to December 1, 2009 (the "Report Period"); or ~ ~ B. This is the Final Report for the period from to for the following reason: (the "Report Period"), and is filed 1. The death of the Incapacitated Person. Date of death: Name of Personal Representative: 2. The Guardianship was terminated by the Court by Decree of J., dated Page 1 of 3 Estate of Sven O. Jensen , as Incapacitated Person II. Lr"FORl'VIATION: A. Keystone Guardianship Services is the Court Appointed Guardian of the Estate of Sven O. Jensen who resided at Nlanor Care in Carlisle, PA until December 7, 2009 at which time he was moved due to the request of IVlanor Care to Arden Courts -Susquehanna of Harrisburg, located at 262 Ailanthus Lane Harrisburg, Dauphin County, Pennsylvania ;and, B. Barbara Fowler, wife of Sven O. Jensen, who is presently residing at Green Ridge Village, Iv`ewville, PA, appointed her sister, Sandra Young of 69 Dennis Drive, Amherst, i~tassachusetts 01002, as her agent Agent under a Power of Attorney dated July 28, 2008; and, C. To the best of the Guardian's knowledge Sven O. Jensen and Barbara Fowler held assets solely in their individual names with the only known exception being the real estate in which they resided; and, D. The real estate known as 317 Caro( Street, New Cumberland, Cumberland County, Pennsylvania is deeded to Sven O. Jensen's wife, Barbara Fowler, joint tenants with right of survivorship; and, E. The Guardian has determined that Sven O. Jensen and his wife, Barbara Fowler, file their Federal and State Income Tax Returns jointly; and, F. The Guardian found the largest asset of Sven O. Jensen is an IRA with Jackson National Life fixed annuity which Sovereign Bank offers through there investment services through a contractual agreement with LPL Financial Corporation ("LPL"), on which the named beneficiary is Barbara Fowler. G. The Guardian's attorney wrote a letter to Joseph Merrullo, Compliance Administrator , Investment Services at Sovereign Bank and received the attached reply. (Attachment "A"); and, The major features of the annuity are: 1. First Year interest rate of 5.8%; and, 2. guaranteed rate of no less than 3% for as long as the contract is held; and, 3. up to 10% can be withdrawn annually without penalty this amount includes the required minimum withdraw; and, ~. provides for nursing home and terminal illness waivers for access of additional funds without penalty. H. The Guardian met with Jeff S. Howe on December 10, 2009, and discussed the Jackson National Insurance Annuity purchased through Sovereign Bank in detail confirming and explaining the features of the annuity; and, I. Due to the facts and findings relative to this Ward, the Guardian Inds no need to meet and review the information found with a representative of the Elder Abuse Task Force. Page 2 of 3 Estate of Sven O. Jensen , an Incapacitated Person I verify that the foregoing information is correct to the best of my knowledge, information and belief, and that this Verification is subject to the penalties of 18 Pa.C.S. ~ 490 relative to unsw~orn falsification to authorities. ~~ Date `~ ~ ~ ~ !'i~'' ` sir=GGt~. ~ ~'% i~~".}-_.G~--_ Signature of Guardian of the Estate Constance E. Stoneroad Name of Guardian of she Estate (type or print} PO Box 804 Address EIizabethville. Pa 17023 Ciry, State, Zip 717-26~-406 Telephone 1Votes This report was prepared and submitted to the Court for informational purposes due to the unusual situation and or circumstances of this Ward. The Guardian finds this to be an unusual situation with different people and or entities responsible for and accountable for their decisions. The situations to be encountered will be very different, and may be difficult and sensitive to handle and will take much time and personal touch . Petitions and .Annual Reports will be submitted as needed and required to keep the Court informed. Page 3 of 3 LPL Financial November 18, 2009 Rebecca J. Margerum, Esq. 4054 Route 225 Elizabeth, PA 17023 Re: Sven Jensen Dear Ms. Margerum Peter W. Gillies Vice President Associate Counsel Qne Beacon Street, 22nd Floor Boston, MA 02108-3106 peter.gil{ies@Ipl.com 617 897 4166 direct 800 775 4575 ert. 4166 617 426 8589 fax This letter is in response to your letter dated ?~'ovember 10, 2009 to Joseph Merrullo concerning Mr. Jensen's purchase of a Jackson V'ational Life fixed annuity in July 2009. Sovereign Bank offers investment services at its branch locations through a contractual agreement with LPL Financial Corporation (``LPL"), and Mr. Jensen dealt with LPL registered representative Jeffrey Howe and Sovereign Bank employee Holly Freundel in connection with this transaction. Accordingly, Mr. Merrullo referred your letter to LPL for review and response, I have reviewed this matter with Mr. Howe and IV1s. Freundel, and reviewed LPL's records of this transaction. Based on my review, the following appears to be an accurate chronology of events. Background Prior being introduced to Mr. Howe, 1V1r. Jensen had previously dealt with Ms. Freundel at the West Shore Plaza branch for approximately five years (at that time, Sovereign offered investment services through a contractual agreement with IFMG Securities, Inc. ("IFMG")). Over that period of time, Mr. Jensen spoke frequently with Ms. Freundel about investment options that he might consider when he retired for his retirement assets. These typically included bank certificates of deposit and fixed annuities. Ms. Freundel noted that Mr. Jensen was attendant to the details of his finances over this period of time, and often requested printouts of his balances so that he could keep track of the rates he was earning and his overall financial circumstances. In November 2008, Mr. Jensen told her that he planned to retire the following spring or summer. She reviewed with him the process for rolling over his 401(k) with the Pennsylvania Bar Association. In January 2009, she contacted him to let him know that she was transferring to the Harrisburg branch, and that he could continue to work v,~ith the personnel at the Vb'est Short Plaza branch, or with her at her new location. In June 2009, Mr. Jensen and his retirement advisor from the Pennsylvania Bar Association came to see l~'Is. Freundel for assistance with his retirement. Along with reviewing the rollover process, they discussed investment options, including IRA certificates of deposit, money market accounts, and fixed annuities. Both Mr. Jensen and his advisor appeared to be in agreement that the fixed annuity would be a suitable investment, due to its contractual guarantees and higher rates of interest than what was available from the other alternatives. Mr. Jensen stated that he wanted to review these options with his wife. Accordingly, a meeting was scheduled for July 10, 2009 at their home, which Ms. Freundel and I/1r. Howe attended. Member FINRAiSIPC ATTACHMENT "A" LPL Financial At the July 10, 2009 meeting, ~'1r. Howe and Ms. Freundel reviewed the investment options for the 401(k) rollover. They both recall that Mr. Jensen's principal investment objective was safety of principal, and that he did not expect to require access to these funds for income. They discussed that the Jensens had approximately $140,000 liquid in a money market account, as well as a monthly pension and social security. They discussed that, because it was an IRA, he would be required to take minimum distributions annually from the contract, but Mr. Jensen stated that he did not expect that he would need those distributions to fund income needs. They again reviewed IRA certificates of deposit, money market accounts. and fixed annuities, including the Jackson National product. They noted that this product offered a first year interest rate of 5.8%, and then guaranteed him a rate of no less than 3% for as long as he held the contract. They also noted that up to 10% could be withdrawn annually without penalty, and that the product provided for nursing home and terminal illness waivers for access to additional funds without penalty. In connection with this discussion, they reviewed the enclosed Jackson National informational brochure. Both Mr. and Mrs. Jensen appeared to be in agreement that this would be a suitable investment, and ?~1rs. Jensen stated that it would be Mr. Jensen's decision to make. After the meeting, Ms. Freundel called Mr. Jensen and told him that they would contact him when the rollover check had been received by the bank, and that they would schedule another meeting with Mr. Howe to review the product again. This foIlow•-up meeting occurred at the Harrisburg branch on July 14, 2009, when Mr. Jensen came in to meet with NIs. Freundel and Mr. Howe. They again reviewed his and Mrs. Jensen's financial circumstances, and discussed his investment options. Mr. Jensen agreed that he wished to purchase the Jackson National fixed annuity, and signed the enclosed paperwork. On August 4, 2009, Mr. Howe met with Mr. Jensen to deliver the contract, and again reviewed its terms. The current status of the contract is as follows: Total Deposits: $253,882.23 Contract Option Value: $263,092.09 Free Withdrawal Amount: $26,309.20 Cash Surrender Value: $230.781.39 T~iccnccinn Based on my review of this matter, I have found no basis to accede to your request that the contract that 1/1r. Jensen purchased be rescinded. As an initial matter, it appears that the transaction was fully discussed, documented, and authorized. Both Ms. Freundel and Mr. Howe also do not recall observing any apparent cognitive deficiencies that Mr. Jensen may have been experiencing. As noted above, Ms. Freundel had known Mr. Jensen for approximately five years, and did not perceive any change in his behavior or apparent cognitive capacity in the 2009 meetings from what she had previously observed. That perception appears to have been shared, moreover, by the representative of the Pennsylvania Bar Association who accompanied Mr. Jensen to the initial meeting with Ms. Freundel at the bank, and by i~1rs. Jensen, w•ho stated at the July 10, 2009 meeting that this was Mr. Jensen's decision to make. I intend no disrespect, but if there were any apparent incapacities at the time of the 2009 meetings, it seems likely that would have been noted by one or more of these persons at the time. I also do not agree with your assertion that the investment is not in Mr. Jensen's best interests. It provides for guaranteed rates of return on atax-deferred basis that were and are higher than other alternatives, and provides for 10% annual surrender-free withdrawals, as well as nursing home and terminal illness waivers for access to additional funds in those eventualities. Ulemher ~i!~iRa;'S!?S LPL Financial Conclusion For the above reasons, LPL and Sovereign Bank do not agree to your request that the contract that Mr. Jensen purchased be rescinded. Thank you for your attention to this matter. If you have any questions, please feel free to contact me. Very truly yours `~.. C '~ s :. ; iJ .~ Peter ~~ GiPlies ~' Enclosures i~;1ember r!I~1RAjS!PC