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HomeMy WebLinkAbout12-19-13 � . � t f �r IN RE: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA Steven William Richwine, : A Minor and Orphan. : �� � a� � : NO. oG - o��`� � � � � � : ORPHANS' COURT DIV�I��., � �, � �r � � � � � � �: �° �' �a c� PETITION TO HAVE TESTAMENTARY GUARDIANSHIP L?(�rD�T�P;N�D, � � � � �� � � . Timothy Lee Brandt,by and through his undersigned attorneys,pe�ti�s the��rt�"a r� �. -,� tn �a confirm his testamentary appointrnent as guardian of the minor Steven William Richv uie, � asserting the following: 1. Petitioner is Timothy Lee Brandt, an adult 52-year-old ma1e,who resides at 765 Baltimore Pike,Gardners,Cumberland County,Pennsylvania. He is a life-long friend of Kenneth W. Richwine, deceased, and currently is taking care of the daily needs of decedent's minor child, Steven W. Richwine. Petitioner is also the executor of the esta.te of Kenneth W. Richwine, deceased. See Exhibit D. 2. Steven Richwine is a 16-year-old unmarried male minor(date of birth February 11, 1997),who resides at 765 Baltimore Pike, Gardners, Cumberland County,Pennsylvania. 3. Steven Richwine has been diagnosed with several serious medical conditions, including cerebral palsy with spastic diplegia, a brain cyst,radial dysplasia, and ADHD.� His doctor has concluded that Steve suffers significant intellectual impairment and is unable intellectually to make important decisions on his own. A sta.tement from Steven's doctor is . � attached to this Petition as Exhibit A. 4. Both of Steven Richwine's natural parents,Nancy and Kenneth Richwine,have died. a. Nancy L.Richwine died on January 31,2005. A true and correct copy of Nancy Richwine's death certificate is atta.ched to this Petition as Exhibit B. � 1 s a t � � b. Kenneth W. Richwine died on August 25,2013. A true and correct copy of , Kenneth W. Richwine's deatll certificate is attached to this Petition as Exhibit C. 5. Steven is the sole child of the mamage between Nancy and Kenneth Richwine. 6. Prior to passing,as the sole surviving parent,Kenneth W.Richwine executed a will on January 22,2013,which named petitioner to be the testamentaty guardian of his son Steven pursuant to 20 Pa.C.S. §2519. Specifically,paragraph 6 of the Last Will and Testament of Kenneth W. Richwine reads as follows: � It is currently my desire and hope that Timothy L. Bradt assumes guardianship responsibilities over Steve after my death. It is my belief and desire that Timonty L. Brandt will,after my death,reside with Steven and maintain a residence with � Steven at 765 Baltimore Pike, Gardners,Pennsylvania, for as long as it is practicable. A true and correct copy of the probated will is atta.ched as Exhibit D. 7. Petitioner believes and therefore avers that Kenneth Richwine was competent when making his will. 8. Kenneth Richwine,deceased,gave his esta.te to his trustee,in trust for tlie benefit of - hts son, Steven W.Richwine. 9. Kenneth Richwine had the following three siblings: a. Helen(Richwine)Ross,2700 Winchester Southern Road, Canal Winchester, OH 43110 b. Edward Richwine, 514 Latimore Road,York Springs,PA 17372 c. John Richwine, 1427 Goodyear Road, Gazdners,PA 17324 10. Nancy Richwine had the following siblings: a. Carol Whtimoyer, 6 Southwater Street,P.O. Box 28,Franklintown,PA 17323 b. Gary Raudabaugh,a.ddress unknown 2 s . � � 'r c. Ron Ra.udabaugh, address unknown 11. There are no known living grandparents to Steven Richwine. 12. The siblings of Kenneth and Nancy Richwine are part of Steven's life but are willing to defer to their deceased brother's desire that Steven be cared for by Petitioner. 13. Since the passing of Steven's father,petitioner Timothy Brandt has been acting as Steven's unofficial guardian. He has moved into the house and has been caring da.ily for Steven, attending parent-teacher conferences at school,conferring with social workers and medical personnel,constantly attempting to care for Steven's physical,emotional,intellectual,moral,and spiritual needs and development. 14. Steven is presently in need of professional counseling involving a possible sexual assault on him. Petitioner has been unable to get Steven the counseling he needs without receiving confirmation from the Court that he is t11e legal guardian of Steven. 15. Petitioner Timothy Brandt was contacted recently by the school nurse about getting counseling for Steven concerning some disturbing and possibly life-threatening behavior he is exhibiting. Counseling has not been arranged yet because Petitioner has not yet been appointed the guardian over Steven's person. 16: Steven is in need of and scheduled for medical attention in Philadelphia in Januaty 2014 but may not be able to have the procedures done because there is no legal guardian appointed to authorize treatment. 17. Petitioner Timothy Brandt recently learned that Steven's health insurance with Gateway was discontinued;Petitioner is not able to obtain the reasons for the discontinuance because he is not the legally appointed guardian. Without health insurance,Steve runs the risk of not receiving the necessary treatment he needs or spending large, out-of-pocket amounts of money. If he is treated without insurance,the medical bills may lead.to financial ruin. 3 , ' , � r 18. Petitioner avers that it is unsafe for Steven to be without a guardian. Steven is not able to take care of himself physically,mentally, or emotionally. 19. Petitioner is Methodist. 20. Petitioner believes and therefore avers that Nancy and Ken Richwine were also Metllodist. 21. Petitioner has attached as Exhibit E to this Petition his signed consent to be appointed as guardian of Steven Richwine. 22. It is in the best interest of Steven Richwine to have this Court confirm Timothy Lee Brandt as the Guardian of Steven. - WHEREFORE,petitioner Timothy Lee Brandt requests that this Court issue an Order confirming him as guardian of Steven Richwine,that it award attorneys' fees for this matter,and any other relief the Court deems just and equita.ble. Respectfully submitted, Q�A Mark A. Mateya(PA 78931) " Alexandra Makosky(PA 802 Mateya Law Firm,P.C. 55 West Church Avenue Carlisle,PA 17013 (717)241-6500(office) (717)241-3 099(fax) Attorney for Timothy Lee Brandt Dated: l a 1� �3 4 • � Carlisle Pediatr�c Associates, 804 Belvedere Street, Carlisle, PA 17013 ' � 717-243-1943 Deborah A.Raubens�ne,MD 804 BELVEDERE ST CARLISLE,PA 170134001 Insurance:GATEVIIAY HEALTH PLAN � Provider ID:232423759 CONFIDENTIAL INFORMATION TO WHOM IT MAY CONCERN , ��. e�.�'����; . . ��:����i:��:��������� .��: n�� . . . ��1�4��e�����-��39�3 ��NVo�lc phone: ��i��r�n`c�: �i4T�IV�1Y I�E�4�LTH PLAN ID:�2�53701 . Diagnosis code(s): Reason for referraL Steven Richwine has ADHD, cerebral palsy with spastic diplegia,significant intellectual impairment with an IQ of 48, asthma, brain cyst� and radial dysplasia. He is unabie intellectually to make impor�nt decisions on his own. He stili requires a guardian to heip take care of him physically and to sign any legai papers. Start date: December 11, 2013 Sincerely, � . /�-�� �,Be,�ofi� �`1 D Deborah A. Raubenstine, MD vmi�.v.i Page 1 of 1 Printed: 12/11/2013 01:56 PM _. ..___�_�_____._ -._.. ______----- -.---- ____.____-------' _--__ _.__ �_. _.__ __----------------- -- ___.---- H105. . . • . � � . � . �' � * f � ��jf ' � . e y � � . _ �-• LAS'T WILL AND TES'�T�J�IVIENT � Prepared by:Mark F. Bayley,Esquire 17 West South Street � Carlisle,PA 17013 , (717)241-2446 � I,Kenneth W.Itichwine,of 765 Baltimore Pike, Gardners,Pennsylvania,do hereby make,publish and declare this to be my Last Will and Testament,hereby revoking � all wills heretofore ma.d.e by me. . 1. I direct my personal representative to pay a11 of my debts, funeral and administrative expenses as soon as convenient a.fteT my decease. I d.irect that a�l � inheritance taxes imposed or payable by reason of my death and interest and penalties thereon with respect to a11 prope�rty,whether or not such prop�rty passes under this Will, shall be paid by my personal representative out of my esta.te. 2. I authorize and empower my personal representa.fiive to sell any realty and/or personalty owned by me at my death and not specifically devised or bequea.thed herein,at � . public or private sale,or sales and to give good and s�i�'icient deeds andlor bills of sale . therefore,in fee simple,as I could do if living. My representative is authorized and � . empowered to engage in an�business in which I may be enga.ged at my deaxh,for such period of time after my dea.th as seems expedient to said representa.tive. � 3. I nominate and appoint Timothy L. Brandt as executor of my esta.te,to serve without bond. . � � � � 4. I give,devise and bequeath my estate of whatever nature and wherever situate to my son, Steven W. Richwine,provided that h�survive me by at least thirty(30)days,in trust as follows: . � . tr.. r�.. � . � L;_; - �'';, �:i, ". }�� G.,. : : '� ��' F; �;a. My trustee shall hold the trust principal,assets and any �:�:�- __ . ._ . r.,,,,+ ti,=;• �,.: �.,';± �,." �.� � C:� . . ;W� � ;.� undistributed income thus received for t1�e benefit of my son, Steven. . � , '-�'3 � � � --.� :�. . :-... �.� �: w :;�; .. . � +ti,,, � . � �:...�' t,� , .: ,,,,� i.�.3 :..,� -.-� � _ s.•� - x. . �r . . • . � . � e • � , f t , � � , � . � W.Richwine(hereafter"Steven"),who is designated a.s beneficiary of this trust. b. My trustee shall hold the trust proceeds for the benefit of Steven in recognition that there may be a number of needs.other than support � � . and maintenance which may be unavailable to Steven except through � . the provisions of this trust. � c. This trust is intended.to�provide the non-support needs of Steven, as deemed appropriate in the absolute discretion of the trustee. This � � trust is not intended to displace any source of income otherwise . available to Steven.for his basic support(such as food and�shelter), � including any govern.mental assistance program to which he is or may be entitled.. It is not intended.to be a resource of Steven and it is not � � available to him upon demand. This trust is intended to be a �. . . �.discretionary spendthrift trust crea.ted for non-support purposes for the � � benefit.of Steven. d. No part of tlie principal or income of tlus trust shall be used to . supplant or replace any Public Assistance,Medicare,Medicaid or � Social Security benefits received by or through any country, state, � federal or other governmental agency for the benefit of Steven. e. During the Iifetime of Steven,to the extent that beriefits aze not , made available to�him for other than basic living expenses,including food and shelter,the trustee, in its absolute discretion,may distribute from income and principal to or for the benefit of Steven for his needs , . . • � , � r ' , f � }, � , � • � v other than basic support. For the purposes of this provision,non- � support purposes shall include,but ar�not limited to dental care, . unreimbursable medical expenses,including plastic and reconstructive surgery, diagnostic work and treatment and rehabilitative training, � � supplemental nursing or related care,recreation,cultu�al experiences, vaca.tions,travel, computers, telephone and television,reading and � educa.tion materials, exercise equipment and unreimbursed therapy. - The trustee's discretion in making distributions authorized hereunder is absolute without regard to distributions from the trust esta.te and � shall be binding on a11 interested persons. � f. If Steven is unable to main.tain and support himself from his own � resources and sources of income,independent of the principal and � income of this trust,the trustee shall seek such support for him from public sources. The trustee should.,therefore,seek entitlements which are ava,ilable to members of the community who aze experiencing disabilities which are substantially similar to those which Steven experiences. The.trustee sha11 deny requests made by any � agency or governmental entity requesting disbursement of trust funds to satisfy Steven's.support needs. g. The trustee shall take whatever legal steps may be necessary to initiate or continue any governmental benefits far which Steven is or may become eligible. The trustee may bring such action in any court , , . . . � • , . . �� >� y � � T � � • having jurisdiction over the matter,to secure a ruling or order that this trust is not available to Steven for support purposes. � h. This trust sha11 continue during the life of Steven.and upon his , death the rema.ining principal and any accumulated and undistributed in.come andlor assets shall be paid and distributed to Tunothy L. . Brandt, in the event that he survives Steven by at least 30 days.�In the event that Timothy L. Brandt does not survive Steven by at least 30 . � days then any accumulated and undistributed income and/or assets s�.a�I be paid and distributed to Steven's esta.te,per stirpes. . 5. I nominate and appoint Steven's financia,l guardian,to be.determined and � : appointed by the Court,to serve as trustee of the above estate. In the event that the Court determines that Steven has sufficient capacity that a financial guardian is not warranted, then all assets associated with the above trust shall be immediately distributed to Steven upon him rea.ching 18 years of age. � . 6. It is currently my d.esire and hope that Timothy L. Brandt assumes guardianship responsibilities over Steven a.f�er my death. It is my belief and desire tliat Timothy L. Brandt will,after my death,reside with Steven and maintain a residence with Steven at � 765 Baltimore Pike,Gardners,Pennsylvania,for,as long as it is practica.ble. � IN WITNESS WHEREOF, I have}�ereunto set my hand and seal to this,my Last Will anc�Testament,bearing my signature,this.� day of�'�� ,20��. � � � . � f /'t' . . �` .�L.�' ` ��.+� � Kenneth W.Richwine,Testator . • � . . , � � � . . Y. • � Acknowled�ement. . �Commonwealth of Pennsylvania . � : . � . County of Cumberland . � - I,Kenneth W.Richwine,whose name is signed to the attached or foregoing instrument,having been duly qualified according to law,�.o hereby acknowledge that I signed and executed the instrument as my Last Wil1 and Testament;that I signed it willingly; and that I signed it as my free and voluntaxy act fo�the purpose therein � expressed. � � . � ,. � � � 1 .., Kenneth W.Richwine,Testa.tor � Sworn to and subscribed to � � . Before me this��day � ...., � � of �n t�IG�:�' 20�. � . . . . . ,, , . Notary � COMMONWEAL.'T'H(7F PENNSYLVANiA . • Notarial Seal Connie 3.Gibsan.Natary Publk Carlisle�oro,Cumberfand CouMy � My Commis�sion bcpires Au�.17,20f,5 MEMBER�PENNSYl.VFNU!A�(�ATiON OF NOi'ARTFS . � .t ` f 7 � T � ' . � � � I . Commonwea1t11 of Pennsylvania � � . : County of Cumberland . � • � �-" . an� �a�1� � � � W�, ..�a�r � da+rh�S _ , � j the witnesses whose names are signed to the attached or foregoing ins�rument,being duly � ualified according to law,do depose and say t11at we were present and saw Testa.tor/ � q � Testatrix�si and execute the i.n.strumen.t as his/her I�a.st Will and Testament;and tliat � . . he/she si ed willingly and that he/she executed it as his/her free and voluntary act for � t�ie oses�lierei.n contained;that each.of us in�he hearing and sight of the Testator/ P�P . , Testatrix si ed the will as witnesses; and that to the best of our knowledge,the Testa.tor � /Testatrix was at that time 18 or more years of age, of sound mind and under no , . constraint or un.due influence. � � . � Sworn to and subseribed to . Before me this `Z.2 day of J r� � � ,20 �. �� NOtary . COMMONW�AE.TH 0�PENNSYf.,VANIA Notada15ea1 Connie].�bson,Nobry Pub�c Carli�e Boro,Oumbeiiand Cnu�ty My Commiss(on 6cplres Au�.37,20i5 11�IAllf Mu��Ai�a��w�r♦1Kft/M�Tf�ul N!uflT�nfn�w • . , • , , � �. � IN RE: : IN THE COURT OF COMMON PLEAS : CUMBERL,AND COUNTY,PENNSYLVANIA Steven William Richwine, : A Minor and Orphan. : ; : NO. , : ORPHANS' COURT DIVISION CONSENT OF PROPO5ED GUARDIAN � TO THE APPOINTMENT AS GUARDIAN OF STEVEN RICH[WINE Timothy Lee Brandt,the proposed.guardian named in the Petition to Have Testamentary . Guardianship Confirmed, agrees to accept the appointment as guardian of Steven Richwine and avers that: 1. The proposed guardian, Timothy Brandt,is a life-long friend of Kenneth Richwine,decedent,and resides at 765 Baltimore Pike,Gardners, Cumberland County,PA. 2. Timothy Brandt is currently taking care of the daily needs of deced.ent's minor - child, Steven Richwi.ne. 3. Timothy Brandt is also the�executor of t�he will of Kenneth W.Richwine,deceased. 4. Kennetli Richwine's last will and testament make it clear tha.t he wanted Timothy Lee Brandt to assume guard.ianship responsibilities over Steven Richwine a.fter Kenneth's death. 5. . Timothy Brandt assumed such guardianship responsibilities unof�cially following tt�e death of Kenneth Richwine. � � 6. Timothy Brandt agrees to continue to serve as guardian for Steven Richwine and will to the best of his abilities take care of Steven's mental,physical,emotional,and spiritual development and needs. r � � � Date: �� 9'� l3 � � � � � - Timothy Lee andt � . � � � y,R . . .VERITICATION I,Timothy Lee Brandt,verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge,informa.tion, and belief. I understand that false statements herein are subject to t11e penalties of 18 Pa. C.S. §4904,relating to unsworn falsification to authorities. . . Timothy Lee andt DATED: �02— � ^l� �