HomeMy WebLinkAbout10-10-07
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS ' COURT DIVISION
BENJAMIN RITTER, AN ALLEGED
INCAP ACIT A TED PERSON
NO 21-06-1022
NOTICE OF TRANSMITfAL OF RECORD AND SERVICE OF LIST OF DOCUMENTS
AND NOW this 10th day of October, 2007, notice is hereby given that the Clerk of OrphanS' Court has
transmitted the record on appeal to the Superior Court of Pennsylvania. Pursuant to Rule 1931 (d) of the Pennsylvania
Rules of Appellate Procedure a list of the record documents is attached to this notice.
c: Larry Ritter
John J. Mangan, Esq.
Matthew S. Crosby, Esq.
Nathan Wolf, ESq.
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Cumberland County - Orphans Court
Page 1
10/10/2007
A TRUE COPY FROM RECORD
2 oln Testimony wherof,l hereunto
set my hand and 1M seal
of said Court at CartiIIe, PA I
~ofix~ ~D:l.
Clerk ~ Orphans Court i
Cumberland Count'.
--12503110102007
.- ORC621
Case No 2006-01022
Case Name:
Filed
11/20/06
11/20/06
=.11/20/06
-11/30/06
1/09/07
1/11/07
2/08/07
2/08/07
2/13/07
2/15/07
RITTER BENJAMIN
Age
Docket Entries
1 PETITION FOR EMERGENCY GUARDIANSHIP
Relatives/Emergency/Plenary/Person
2 EMERGENCY PRELIMINARY ORDER DATED 11/20/06 A HEARING IS SET TO
DETERMINE WHETHER BENJAMIN RITTER SHOULD BE ADJUDGED AN
INCAPACITATED PERSON AND A GUARDIAN OF HIS PERSON AND ESTATE BE
APPOINTED IN CTR 3 ON 11/22/06 AT 10:30AM. UNTIL THE ABOVE
CAPTIONED MATTER IS RESOLVED IN REGARD TO THE INCAPACITY OF
BENJAMIN RITTER THIS COURT IMMEDIATELY APPOINTS HIS MOTHER CANDI
YINDER AS HIS APPOINTED PLENARY GUARDIAN OF THE PERSON AND OF THE
STATE OF BENJAMIN RITTER. BY THE COURT EDWARD E GUIDO J
3 CITATION ISSUED
4 ORDER OF COURT DATED 11/22/06 IN RE: PETITION FOR APPOINTMENT OF
GUARDIAN. AFTER EMERGENCY HEARING CANDI YINGER SHALL BE APPOINTED
AS THE PLENARY GUARDIAN OF THE PERSON AND ESTATE OF BENJAMIN
RITTER UNTIL FINAL HEARING ON THIS MATTER SCHEDULED FOR 1/12/07 AT
1:00 PM. MATTHEW S CROSBY ESQ IS APPOINTED TO REPRESENT THE
ALLEGED INCAPCITATED PERSON. BY THE COURT EDWARD E GUIDO J
5 MOTION FOR CONTINUANCE
6 ORDER OF COURT DATED 01/11/07 IN RE MOTION FOR CONTINUANCE THE
WITHIN MOTION FOR CONTINUANCE IS HEREBY GRANTED THE PARTIES ARE
DIRECTED TO APPEAR ON 2/12/2007 AT 1:00 PM IN COURTROOM 3 OF THE
CUMBERLAND COUNTY COURTHOUSE BY THE COURT EDWARD E GUIDO JUDGE
7 PETITION FOR LEAVE TO SETTLE ON BEHALF OF BENJAMIN J RITTER AN
INCAPACITATED PERSON
8 MOTION FOR CONTINUANCE
9 ORDER OF COURT DATED 02/13/07 IN RE MOTION FOR CONTINUANCE THE
HEARING SCHEDULED FOR 02/12/07 AT 1:00 PM IN THE ABOVE CAPTIONED
MATTER IS HEREBY CANCELLED AND IS HEREBY SCHEDULED FOR 04/20/07 AT
9:00 AM IN COURTROOM 3 OF THE CUMBERLAND COUNTY COURTHOUSE
CARLISLE CUMBERLAND COUNTY PENNSYLVANIA BEFORE THE UNDERSIGNED BY
THE COURT EDWARD E GUIDO JUDGE
10 ORDER DATED 02/13/07 IN RE PETITION FOR LEAVE TO SETTLE ON BEHALF
OF BENJAMIN J RITTER AN INCAPACITATED PERSON IT IS HEREBY
ORDERED THAT THE DISBURSEMENT OF FUNDS AS WELL AS COUNSEL FEES AND
EXPENSES ARE APPROVED AS SET FORTH IN SAID PETITION AND SHALL BE
DISBURSED IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE
SETTLEMENT AGREEMENT AS FOLLOWS DIRECT PAYMENT OF 6766.34 TO
Cumberland County - Orphans Court
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10/10/200~
_12503110102007
ORC621
Case No 2006-01022
2/15/07
4/17/07
4/20/07
4/20/07
4/24/07
5/16/07
5/22/07
6/13/07
6/18/07
11 CON'T
SATISFACTION OF ITS OUTSTANDING BALANCE; AND DIRECT PAYMENT OF
BALANCE OF 14255.52 TO BENJAMIN J RITTER'S NATURAL MOTHER AND
LEGAL GUARDIAN CANDI YINGER BY THE COURT EDWARD E GUIDO J
i
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14
I
I
THE I
i
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MATTHEW S CROSBY ESQ REPRESENTING REASONABLE ATTORNEY'S FEES OF
6250.00 AND 516.34 FOR REIMBURSEMENT OF COSTS DIRECT PAYMENT OF
3374.74 TO PA DEPARTMENT OF PUBLIC WELFARE IN SATISFACTION OF IT
LIEN DIRECT PAYMENT OF 630.40 TO HIPPENSTEEL'S AUTO RESTORATION
12 SUPPLEMENTAL PETITION FOR LEAVE TO SETTLE ON BEHALF OF BENJAMIN J '
RITTER AN INCAPACITATED PERSON PURSUANT TO PA RCP 2064 JAA
13 ORDER DATED 04/20/07 IN RE PETITION FOR LEAVE TO SETTLE ON BEHALF '
OF BENJAMIN J RITTER AN INCAPACITATED PERSON IT IS HEREBY ORDERED
THAT THE DISBURSEMENT OF FUNDS AS WELL AS COUNSEL FEES AND
EXPENSES ARE APPROVED AS SET FORTH IN SAID PETITION AND SHALL BE
DISBURSED IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE
SETTLEMENT AGREEMENT AS FOLLOWS A DIRECT PAYMENT OF 6766.34 TO
MATTHEW S CROSBY ESQ REPRESENTING REASONABLE ATTORNEYS FEES OF
6250.00 AND 516.34 FOR REIMBURSEMENT OF COSTS B DIRECT PAYMENT OF
3374.74 TO THE PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE IN
SATISFACTION OF ITS LIEN C DIRECT PAYMENT OF 603.40(CONT BELOW)
14 CONT FROM ABOVE-TO HIPPENSTEELS AUTO RESTORATION IN SATISFACTION
OF ITS OUTSTANDING BALANCE AND D DIRECT PAYMENT OF 1931.26 TO
DENNIS C MCANDREW ESQ FOR HIS LEGAL SERVICESD IN DRAFTING THE
ATTACHED SPECIAL NEEDS TRUST AGREEMENT E DIRECT PAYMENT OF THE
BALANCE OF 12324.26 TO BE PLACED IN THE SPECIAL NEEDS TRUST AS SET
FOR IN EXHIBIT A BY THE COURT EDWARD E GUIDO JUDGE JAA
15 ORDER OF COURT DATED 04/20/07 IN RE APPOINTMENT OF GUARDIAN WE
FIND BY CLEAR AND CONVINCING EVIDENCE THAT BENJAMIN RITTER IS AN
INCAPACITATED PERSON WITHIN THE MEANING OF THE STATUTE AND HE IS
SO ADJUDICATED CANDI YINGER IS APPOINTED PLENARY GUARDIAN OF THE
PERSON AND ESTATE OF BENJAMIN RITTER NO BOND SHALL BE REQUIRED OF
THE PETITIONER BY THE COURT EDWARD E GUIDO JUDGE JAA
Relatives/Regular/Plenary/Both
16 APPEAL DATED 5/16/07 FROM LARRY RITTER.
17 PROOF OF DEPOSIT
JAA
18 NOTICE OF APPEAL SENT UPS TO SUPERIOR COURT ON 05/13/07
AJW
19 ORDER OF COURT DATED 06/18/07 IN RE APPEAL PETITIONER LARRY
RITTER IS DIRECTED TO FILE A CONCISE STATEMENT OF MATTERS
COMPLAINED OF ON APPEAL WITHIN 14 DAYS OF TODAY'S DATE IN
ACCORDANCE WITH RULE OF APPELLATE PROCEDURE BY THE COURT EDWARD'
E GUIDO J
Cumberland County - Orphans Court
12503110102007
ORC621
Case No 2006-01022
AJW
6/1S/07
7/17/07
7/19/07
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Page 3
10/10/200
20 SUPERIOR COURT APPEAL DOCKET SHEET
DOCKET NO 1035 MDA 2007
RECORD DUE 6/25/07
21 PETITION FOR LEAVE TO SETTLE ON BEHALF OF BENJAMIN J RITTER AN
INCAPACITATED PERSON
WSZ
22 ORDER DATED 07/19/07 IN RE PETITION FOR LEAVE TO SETTLE ON BEHALF
OF BENJAMIN J RITTER IT IS HEREBY ORDERED THAT THE DISBURSEMENT OF
FUNDS AS WELL AS COUNSEL FEES AND EXPENSES ARE APPROVED AS SET
FORTH IN SAID PETITIION AND SHALL BE DISBURSED IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF THE SETTLEMENT AGREEMENT AS FOLLOWS A
DIRECT PAYMENT OF 25335.49 TO MATTHEW S CROSBY ESQ REPRESENTING
REASONABLE ATTORNEYS FEES OF 25000.00 AND 335.49 FOR REIMBURSEMENT'
OF COSTS B DIRECT PAYMENT OF THE BALANCE OF 74664.51 TO BE PLACED
IN THE PREVIOUSLY ESTABLISHED SPECIAL NEEDS TRUST IN THE NAME OF
BENJAMIN J RITTER BY THE COURT EDWARD E GUIDO JUDGE WSZ
23 IN RE OPINION PURSUANT TO PA RAP 1925 DATED 10/0S/07 ON 04/20/07
FOLLOWING A HEARING WE FOUND BENJAMIN J RITTER TO BE AN
INCAPACITATED PERSON AND APPOINTED HIS MOTHER CANDI YINGER AS THE
PLENARY GUARDIAN OF HIS ESTATE AND PERSON BENJAMINS FATHER LARRY
RITTER PARTICIPATED IN SAID HEARING WITH COUNSEL HE OBJECTED TO
THE APPOINTMENT OF MRS YINGER AS GUARDIAN FOR BENJAMIN WE
SUBSEQUENTLY RECEIVED A PRE SE LETTER DATED 05/16/07 FROM MR
RITTER WE FORWARDED THE LETTER TO OUR ORPHANS COURT DIVISION WITH
INSTRUCTIONS TO TREAT IT AS AN APPEAL FROM OUR ORDER OF 04/20/07 I
ON 06/18/07 IN ACCORDANCE WITH PA RAP 1925B WE ISSUED AN CONTINUED
24 CONT FROM ABOVE AN ORDER TO MR RITTER REQUESTING A CONCISE
STATEMENT OF MATTERS COMPLAINED OF ON APPEAL HE HAS NOT RESPONDED
THEREFORE WE AR NOT IN A POSITION TO WRITE AN OPINION IN
ACCORDANCE WITH PA RAP 1925 EDWARD E GUIDO JUDGE
COPIES MAILED 10/09/07
WSZ
25 NOTICE OF TRANSMITTAL OF RECORD AND SERVICE OF LIST OF RECORDS
COPIES MAILED VIA USPS ON 10/10/07
SERVICE MAILED VIA USPS ON 10/10/07
AJW
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: BENJAMIN RITTER,
AN ALLEGED INCAPACITATED PERSON
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-06-1022
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 10/11/07
JUDGE'S INITIALS: GFS
TIME STAMP DATE: 10/11/07
IN RE: NOTICE OF TRANSMITTAL OF RECORDS
"""""",.""......"""..."""""""""","""",..."""""""""""""""""""""""""""""
SERVICE TO:
LARRY RITTER
JOHN MANGAN ESQ
NATHAN WOLF. ESQ
MATTHEW S. CROSBY ESQ
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
[8J USPS
DRRR
o HAND DELIVERED
o OTHER_
o PETITIONER
o JUDGE
[8J CLERK OF ORPHANS COURT
MAILED: 10/11/07
"....""""""""""""""""""",...""""""""""""""""""""""""""""""",.".""""",
SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIlJED BY:
o USPS
DRRR
o HAND DELIVERED
o OTHER_
o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED:
D~~~JL-
Clerk of Orphans' Court