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Home My WebLink About04-11-14 1N THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW BRINK, an : ORPHANS COURT DIVISION Alleged incapacitated person : NO. 09-1198 � : GUARDIANSHIP-INCAPA`c�I�ATEI�'ER�� : PRIOR JUDGE: M.L. EBF�T�TR. � `c`i a � � n � r.n � PETITION TO RELEASE FUNDS HELD IN TRU�q':= i= �'' +-Yi r�i �'' -_;:; c� FOR AN INCAPACITATED ADULT =�` "' `�' � �� -.:-> �a r`' c`> 4� � �;.-t � C"� C� --r� AND NOW comes Petitioner, Orrstown Bank, Trustee for the afcf�r�ned ir�c pa�#a�sd ` � r� person, Matthew Brink, by and through their counsel of record, Bradley L�'.' Griffie, �qui e a��nd ; the law firm of Griffie & Associates, P.C., and petitions the Court as follows: � 1. A settlement was reached on August 25, 2014 relative to injuries in an automobile accident that caused Matthew Brink to become an incapacitated person, unable to handle his own affairs. 2. The incapacitated person, Matthew Brink, was so adjudicated incapacitated by Order of Court dated February 26, 2010 wherein the incapacitated person's mother, Lisa Brink, and his father, Thomas S. Brink, were appointed as guardian for the incapacitated person and Orrstown Bank was appointed guardian of the incapacitated person's estate. 3. The incapacitated person's father died on December 16, 2010. 4. By Order of February 26, 2010, the funds held in trust for the incapacitated person were ordered to be held and not to be released without further Order of Court. 5. At this time, the funds remain held by Trustee, Orrstown Bank, in trust by Orrstown Bank as guardian of the Estate of the incapacitated person. 6. At this time, funds need to be released for purposes of paying the outstanding lot rent for the incapacitated person's mobile home where the incapacitated person � ! resides; a copy of the statement from Country View Estates setting forth the total amount due for the year of 2014, which statement includes late fees for January 2014, but not February or March 2014, is attached hereto and incorporated herein by reference as Exhibit "A." 7. The total sum due to Country View Estates to pay the lot rent for the incapacitated person is $3,621.00, which includes additional late fees for February and March 2014, which were not included in the attached statement. 8. In the past, pursuant to the prior Order of Court, your Petitioner, Orrstown Bank, has been obligated to file Petitions for the release of funds to pay for the lot rent for the incapacitated person's mobile home, which has caused the payment of late fees, and the payment of unnecessary attorney's fees for duplicate petitions, annually. 9. Your Petitioner is desirous of having authority to pay the lot rent for the incapacitated person on an annual basis at the beginning of each year without pursuing court intervention or court authority to do so, in order to preserve the incapacitated person's limited funds relative to late fees that commonly accrue and attorney's fees associated with petitioning the Court for purposes of release of these funds. 10. Petitioner has retained the services of Bradley L. Griffie, Esquire and the law firm of Griffie & Associates, P.C. of 200 North Hanover Street, Carlisle, Pennsylvania, for purposes of reviewing this matter and preparing the appropriate Petition for the Court. 11. The fees associated with the review of this matter and the preparation, presentation and processing of the Petition is $412.50, based upon the services rendered at Petitioner's hourly rate of$275.00 per hour. 12. The Guardians of the incapacitated person, Lisa Brink, concurs in this request. WHEREFORE, Petitioner requests your Honorable Court to issue an Order of Court authorizing the release of the sum of $3,621.00 for payment to Country View Estates, and $412.00 for payment to Griffie & Associates, P.C. and further, authorize the Trustee and Guardian of the Estate, Orrstown Bank, to release funds for the payment of the incapacitated person's lot rent for his mobile home each year in January, as long as the incapacitated person continues to reside at his current residence. Respectfully Submitted, ey L. Gr' ie, Esquire ttorney fo etitioner Supreme ourt ID No. 34349 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to autharities. DATE: � 3l .�j� DANIEL K. R, AVP Trust Officer and Financial Advisor for Orrstown Bank Country Vi�vv E S T A T E S February 14,2014 77E King St Shippensburg,PA 17257 Attention: Michelle Reed, This letter is concerning the balance of rent for lot 89 Country View Estates for the year 2014. This is to come out of Matthew Brinks trust for his housing. The amount due is as follows: January—December Rent at$294.00 per month $3,528.00 January late fee$31.00 per month $ 31.00 Total $3,559.00 If you would please forward this check made out to Counhy View Estates to the address below at your earliest convenience. Thank you. In addition to avoid future late charges for delayed payment we will consider this a standard bill each year unless we written notice from Mr. Brink and the bank�prior to January 1�`2015. This year when we signed-leases in October Mr.Brink told me that he would like to go to selfpay to avoid bank and attorney fees. When no payment was received Mr.Brink received a late notice. He has since left messages that he would like to continue with billing directly to the bank. ;�� t��Gsr� ` Brooke E.Finkenbinder Manager � � � a � � a PO Box 175 Newvilie,PA 17241 Phone: (717) 776-9764 IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW BRINK, an : ORPHANS COURT DIVISION Alleged incapacitated person : NO. 09-1198 : GUARDIANSHIP-INCAPACITATED PERSON : PRIOR JUDGE: M.L. EBERT, JR. CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the day March,� 14, cause a copy of the Petition to Release Funds Held in Trust for an Incapacitated Adu be served upon Lisa Brink, Guardian of the person of the Incapacitated Adult, and Daniel K. Baer, Trustee and Guardian of the Estate of the Incapacitated Adult, by first-class mail, postage prepaid at the following addresses: Lisa Brink 89 County View Estates Newville, PA 17241 Orrstown Bank Attention: Daniel K. Baer P.O. Box 250 Shippensburg, PA 17257 DATE: ��L� . Gri , Esquire ney for Petitioner GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW BRINK, an : ORPHANS COURT DIVISION Alleged incapacitated person : NO. 09-1198 : GUARDIANSHIP-INCAPACITATED PERSON : PRIOR JUDGE: M.L. EBERT, JR. CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the I D� day of April, 2014, cause a copy of the Petition to Release Funds Held in Trust for an Incapacitated Adult to be served upon Lisa Brink, Guardian of the person of the Incapacitated Adult, and Daniel K. Baer, Trustee and Guardian of the Estate of the Incapacitated Adult, by first-class mail, postage prepaid at the following addresses: Lisa Brink 89 County View Estates Newville, PA 17241 Orrstown Bank Attention: Daniel K. Baer P.O. Box 250 Shippensburg, PA 17257 DATE: �U `1 ri ie, Esquire or y for etitioner FFIE ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552