HomeMy WebLinkAbout08-21-12 ,,~ ,. ,
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Steven R. Sn der, Esquire
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PA Attorney License No. 90994 ``~"' "~
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Rominger & Associates _
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155 South Hanover Street ;
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Carlisle, PA 17013 ~}
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(717) 241-6070
FAX (717) 241-6878 Attorney for P laintiff
snyder@romingerlaw. com
E CUMBERLAND COUNTY COURT OF COMMON PLEAS
IN TH
ORPHANS COURT DIVISION
IN RE: MATTHEW BRINK
No. 2009-1198
PETITION TO AMEND THE FEBRUARY 26, 2010 ORDER OF THE COURT
OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY 198 NIA,
ORPHANS COURT DIVISION DOCKET NUMBER 2009 1
NOW COMES Petitioner, Mathew Brink, an incapacitated adult individual, by and
through his Attorney, Steven R. Snyder, Esquire with the Law Firm of Rominger & Associates,
and avers as follows:
1. A settlement was reached on August 25, 2004 in a law suit brought by Petitioner
after an automobile accident which left Petitioner incapacitated and unable to handle his own
financial affairs.
2. Petitioner was adjudicated incapacitated and by order of the Court dated February
26, 2010 Petitioner's mother, Lisa Brink and his father Thomas S. Brink were appointed as
Petitioners personal guardian, and Orrstown Bank was appointed guardian of Petitioner's
financial estate. See Exhibit A.
3. Petitioner's father died on December 16, 2010.
4. Petitioner's mother continues to serve as Petitioner's personal guardian assisting
him in day to day responsibilities. Petitioner's brother lives with Petitioner and also assists him
as needed.
5. The February 26, 2010 Order provided that funds held in escrow for Petitioner
shall not be released without an order of the court. See Exhibit A.
6. The funds from this settlement are held at Orrstown Bank in Shippensburg,
Pennsylvania.
~. As a result of the February 26, 2010 Order, whenever monies are needed from the
escrowed funds held by Orrstown Bank to pay Petitioner's bills, or other personal needs, a
se arate Order must be drafted and filed with the Court, for the Court's approval, enumerating
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each and every payment necessary to meet the needs of the petitioner.
8. It has become apparent that a more judicious way to manage the finances of the
etitioner is to charge Orrstown Bank with the powers and duties of Fiduciary and Trustee of the
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funds held in trust at the said bank, so that bills can be paid and funds necessary for Petitioner's
care maybe expended in a timely manner.
WHEREFORE, Petitioner, Matthew Brink, as Beneficiary of the Trust Funds held by
Orrstown Bank on his behalf, by and through his Attorney, Steven R. Snyder, Esquire request
this Honorable Court amend the February 26, 2010 Order of the Court of Common Pleas of
Cumberland County, Pennsylvania, Orphans Court Division, Docket Number 2009-1198 in
accordance with the attached Order, to provide that Orrstown Bank as Trustee of the said Trust
count shall have the responsibility and fiduciary duty to oversee and manage the funds held in
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trust for the benefit of the Beneficiary; to act with the utmost good faith in dealing with the Trust
Estate• in all things faithfully discharge the duties of a trustee as imposed in the attached Order;
and that the Trust Estate be used, and payments made, wholly within the discretion of the
Trustees, as to the type and nature of expenditures and the amounts and frequency of payments,
for the care, maintenance, support and wellbeing of the Beneficiary, and that upon the death of
the Beneficiary, the remaining funds held in trust shall be distributed to the Beneficiary's heirs
and assigns.
ATTORNEY'S FEES
g. Petitioner has retained Attorney Steven R. Snyder, Esquire with the law firm of
Rominger & Associates, 155 South Hanover Street, Carlisle, PA 17013 to Petition the Court to
have the said Order Amended as set forth above, and to assist with other legal matters as
necessary from time to time.
10. Attorney Steven R. Snyder, Esquire has worked on this Petition and other legal
matters for Petitioner for two and one half hours, at an hourly rate of $250.00 per hour.
11. Attorney(s) seek attorney fees paid from the Trust funds at Orrstown Bank in the
amount of $625.00.
WHEREFORE, Petitioner's Counsel ask this Honorable Court to Order funds from the
Trust Fund held on Petitioners behalf at Orrstown Bank to be released to pay Petitioners legal
fees, in the amount of $625.00.
Date: g ~ ~~ Z
Submitted,
B ~~
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Steven R. Snyder, E uire
Rominger & Associates
PA Attorney License No. 90994
155 South Hannover Street
Carlisle, PA 17013
(717) 241-6070
Fax (717) 241-6878
snyder@romingerlaw. com
VERIFICATION
I, Daniel K. Baer, Trust Officer, Orrstown Bank, verify that the statements in the
fore oin document are true and correct to the best of my knowledge, information and belief. I
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understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A.
Section 4904, relating to unsworn falsification to authorities.
Date: ~ ~ ~(~~
aniel K. aer
Orrstown Bank
ATTORNEY VERIFICATION
I, Steven R. Snyder, Esquire, Attorney for Petitioner, Mathew Brink, verify that the
statements in the foregoing document are true and correct to the best of my knowledge,
information and belief and are made as a result of my legal representation of Mr. Brink and in
consultation with the Petitioner's mother, Lisa Brink who is appointed by this Court as
Petitioners personal guardian, and Orrstown Bank who was appointed guardian of Petitioner's
financial estate.
Date: ~ I ZOI ~ O ( Z
By:
Steven R. Snyder, quire
Rominger & Associates
PA Attorney License No. 90994
155 South Hannover Street
Carlisle, PA 17013
(717) 241-6070
Fax (717) 241-6878
snyder@romingerlaw. com
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IN THE MATTER OF .
MATTHEW BRINK, an .
Alleged Incapacitated
Person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
NO. 2009-1198
GUARDIANSHIP-INCAPACITATED PERSON
IN RE: PETITION FOR APPOINTMENT OF GUARDIAN
ORDER OF COURT
AND NOW, this 26th day of February, 2010, on motion
of Karl E. Rominger, Esquire, upon consideration of the
petition as amended, and the matter having been called for
hearing, Lisa A. Brink and Thomas S. Brink are appointed
co-guardians of the person of their son, Matthew Brink.
Orrstown Bank is appointed guardian of the estate of Matthew
Brink. No bond shall be required of the petitioners.
By the Court,
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Kevin ~. Hess, P.J.
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Karl E. Rominger, Esquire
For Petitioners
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