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HomeMy WebLinkAbout05-07-14 ' ^, C:� � � �'�`,••� � C Q ��,� � �� � �� � !�� �i � _.,. (ry :-�7 .:,i_." n _.,� C,:J ��� �M r��_ �....� r�� IN RE: : IN THE COURT OF COMMU�T=:�'I7�A� : ry ��� ,. •J� : CUMBERLAND COUNTY, P�l�T��'LV..�NIA;j .`_;-; Steven William Richwine, . ,y �> =�f � - -�' A Minor and Orphan. . . =� �, � � r�i • ;�-- : NO. 06 - 0089 "' �� r� � C:"Z V� a : ORPHANS' COURT DIVISION � PETITION TO TRANSFER FUNDS AND INVADE PRINCIPAL Catherine Bosch,petitioner in her capacity on behalf of Wilmington Trust as Guardian of the estate of Steven W. Richwine and Trustee of the trust for the sole benefit of Steven W. Richwine, by and through her undersigned attorney, petitions the Court to permit the transfer of funds as set forth more fully below. In support of this petition,petitioner asserts the following: 1. Petitioner is Catherine Bosch in her capacity as a Trust Officer for Wilmington Trust who is the Guardian of the estate of Steven W. Richwine(hereinafter Guardian of the estate); Petitioner is also the Trustee of the Trust which exists for the sole benefit of Steven W. Richwine. 2. Steven Richwine is a 17-year-old unmarried male minor(date of birth February 11, 1997),who resides at 765 Baltimore Pike, Gardners, Cumberland County, Pennsylvania, with Timothy Brandt,the Guardian of Steven's person. 3. Manufacturers and Traders Trust was named the Guardian of the estate of Steven W. Richwine on February 1, 2006. A true and correct copy of that Order is attached at Exhibit A. 4. Wilmington Trust is a division of Manufacturers Traders Trust and as such stands in the shoes of the Guardian of the estate of Steven W. Richwine. 5. Wilmington Trust is also the Trustee of the Trust which exists for the sole benefit of Steven W. Richwine(hereinafter"Trust"). The trust is a part of the record in this file, Cumberland County No 06—0089. 6. The Trust may only distribute interest for the benefit of Steven W. Richwine without Court approval; The Trust has already distributed nearly all of the interest for the benefit 1 � of Steven W. Richwine this year. 7. Petitioner is requesting this Court permit distribution of principal of the trust, as described more fully hereafter. 8. The late Kenneth Richwine, Steven's father, had an Employee Savings Plan with LeTort Management and Trust Company with a death benefit payable to his son Steven W. Richwine. See Exhibit B. 9. The late Mr. Richwine's LeTort Management and Trust Company account, referenced above,remains at LeTort Management and Trust Company. 10. LeTort Management and Trust Company is awaiting direction from Wilmington Trust, as Guardian of Steven's estate, on how and where to distribute the funds they are holding in Mr. Richwine's account. 11. The estate of Kenneth Richwine has been opened in Cumberland County, Pennsylvania, case No. 21-13-1-11. The sole beneficiary of the Last Will&Testament of Kenneth Richwine is his son Steven W. Richwine. See Exhibit C. 12. The estate of Kenneth Richwine is without funds to properly administer the estate. 13. The estate of Kenneth Richwine anticipates distributions and payments in the aggregate amount of$40,000 before finalizing the estate. This amount includes (approximates) $13,200 for Pennsylvania lnheritance Ta�, $8,000 for legal fees , $17,500 for executor's fee and some small outstanding bills, including $116 due to Suburban Propane. 14. A Guardian for Steven's person was appointed by this Court on March 11, 2014 See Exhibit D. 15. Legal work to secure the Guardianship of Steven's person was not fully remunerated. There remain two outstanding invoices, totaling $3,200. See Exhibit E. 2 - 16. Petitioner, as Guardian of the estate of Steven W. Richwine,requests that the funds held by LeTort Management and Trust Company be distributed as follows: a. $40,000 to Mateya Law Firm, P.C., earmarked to pay any and all fees due to date in the administration of the estate of Kenneth Richwine; b. $3,200 to Mateya Law Firm,P.C.,to pay the two outstanding invoices for work relating to the guardianship of Steven W. Richwine; c. The remainder to the Guardian of the estate of Steven K. Richwine, Wilmington Trust, Account ending 2002840. WHEREFORE,petitioner Catherine Bosch requests that this Court issue an Order ordering the distribution of the funds presently held by LeTort Management and Trust Company as follows: 1) Mateya Law Firm,P.C., in the amount of$40,000 to pay for the administration of the estate of Kenneth Richwine; 2) Mateya Law Firm, P.C., in the amount of$3,200 to pay the two outstanding invoices for work relating to the guardianship of Steven W. Richwine; and 3) The remainder to Wilmington Trust Account ending 2002840. Respectfully submitted, �J# . YV Mark A. Mateya A 78931) Alexandra Makosky(PA 80267) Mateya Law Firm, P.C. 55 West Church Avenue Carlisle, PA 17013 (717) 241-6500 (office) (717) 241-3099 (fax) Attorney for Catherine Bosch in her ..., � capacity as agent of Wilmington Trust as Dated: � �� Guardian of the estate of Steven W. Richwine 3 VERIFICATION I, Catherine Bosch, verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Catherine Bosch Agent of Wilmington Trust as Guardian of the estate of Steven W. Richwine DATED: S/��� CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class,postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Catherine Bosch One M& T Plaza 345 Main Street Buffalo NY 14203 Stanley A Smith Esq One South Market Square 12t" Fl PO Box 1146 Harrisburg PA 17108 Carol Seick EA Letort Trust 320 Friendship Lane Gettysburg PA 17325 Steven W Richwine 765 Baltimore Pike Gardners PA 17324 Tim Brandt 765 Baltimore Pike Gardners PA 17324 � � ��� � Mark A. Mateya, uire 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 Dated: S � '� . • .�.�.�.� � � ' � � � ;�--�t -o t� ,,,4 �,' IN RE: ESTATE OF STEVEN W. : IN THE COURT OF COMMON PLEAS OF RICHWINE,a arinor . CUMBERLAND COUNTY, PENNSYLVANIA : ORPHAN'S COURT DIVISION . NO. ��1- �� �1 DECR�E AND NOW, this l s� day of ��-b , , 2006, upon consideratioi� of the Petition of Manufacturers and Traders Trust Company of Cariisle, Pennsylvania, it is hereby Ordered and Decreed that Manufacturers and Traders Trust Company of Carlisle, Pennsylvania, is appointed Guardian of the estate of Steven W. Richwine, a minor, and the provisions of Cumb. Cty. O.C.R. 12.5-2(3)are waived with regard to the Petitioner's service as Executor of the Estate of Florence E. Comp, Deceased. The Guardian, Manufacturers and Traders Trust Company, is hereby excused from giving bond. The Guardian is directed to file an Inventory within 90 days of the date of this Decree in accordance with the provisions of 20 Pa. CONS. STAT. §5142. BY THE COURT, Date: By: , ., , J. � ' , � � ,; � ; c;: . Iw . _ :�- - - ... 4J.--r---� ��--�°°"�."�; CARLI3LE CONTAtNER COMPANY EMPLOYEE SAVINGS PLAN SURVIYOR&88N�FICIARY ELECTION FORM Partleipent Name: " �/ lC'1 GIJI/(/�� 3oClai Securlty i�: /��`�`�- �`�`� � NOTICE OF PR�-RETiRE,MENT SURVIV�A BENEFIT The law requlrea that you be�nformed of the dispasitlon of your acr,ount balance upon your death before retirement, If yau are ma,rried and dle hefors relirement,your�urviving spouse witi recelve your tuil veeted axount belenoe irom the Plen with one exceptlon: you may designete a diffarer�t Primary Benetfclary of your death benefit,provided your spouse executea a "Spousal Consent to Beneficiary OeBignation"form. If you are nat martiad and die before retirement,your death beneflt will be pald to your designeted benetciary. You•�end your spouse,if you are currently married--should understand your rights snd obliBatione cancerning Your death baneflt. Please direct any questions to the Plen Administrator or call our Plan Consultants,Elchelberger Management SeNices,InG.at(717)761-7826. Also,beceuae a epouse heve certain rights to a death beneflt,you should"fnform the Plan � Administrator immedietely of any change In your marlta)status. , BENEFICIARY DESI(3NATlON EL�GTION If I am msrried or am suhsequerllly married in the future,my spouse shell be my P�imery Beneflciary unlese my spouse hem consented tn another Primary Beneficiary designation by execut�ng the form"Spnusaf Consent to eeneficiary Deelgnation", whlch rnaY be obtained from the Plan Administratnr. I also understand th8t if I do not 9elect a�beneficiery or if I am not 6urvived by any beneflciery that all death henefits will be paid in acwrdance with the Plan. ; (Please check one.) Marital 8tatue; MarrJed �✓�c�oweC�Jn�aw� ' Dafe of Birth; �1G�YI T ��`T� I hereby dea(gnste the following person or persons as Primary and Seoondary Beneflclanes: Primary Beneflcis+y and FtelAttonship: S � �e V'eh- (�V /�"����1 w�!? e � ^ s Q N 3�condary Betlaficiary and Relsttonnhlp: � � `� �S�Q� f reserve the►ight to revake or change any beneticiary designadon,and I hereby revoke all prior baneticlary dasignations. I will inform the P{an Adminiatrator immediatelv oi any change In rny marltat sta�us. By completing and signing this form, I agrae to abfde 4y the prov(sions of the above-named PIBn. I elso acknowledge reeelpt of the Summary Plan Descriptlon which p�ovides a ge�eral actount of the rules�ovaming the Plan and my rlghta 8s a Participent. �' �����D�,���,�-� oa�d: �-a s Participant`R 31g luro Dated: �'��'" 4�� For the P Admtnt�trotor �� � � i3Od b00 '�NI '3�IA�I�S 1W�W �3 LS � OL 66 , 90 •�nr . . , LAS'T WILL AND TESTAMENT ' Prepaxed by: Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 I, Kenneth W. Richwine, 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 made by me. 1. I direct my personal representative to pay a11 of my debts, funeral and administrative expenses as soon as convenient after my decease. I direct that a11 inheritance taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property, whether or not such property passes under this Will, shall be paid by my personal representative out of my estate. 2. I authorize and empower my personal representative to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefore,in fee simple, as I could do if living. My representative is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said representative. 3. I nominate and appoint Timothy L. Brandt as executor of my estate, 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 hs survive me by at least thirty (30) days, in trust as follows: a. My trustee shall hold the trust principal, assets and any . undistributed income thus received for the benefit of my son, Steven W. Richwine(hereafter"Steven"), who is designated as 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 governmental 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 created for non-support purposes for the benefit of Steven. d. No part of the principal or income of this 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 lifetime of Steven, to the extent that benefits are 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 other than basic support. For the purposes of this provision,non- support purposes shall include,but are 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, cultural experiences, vacations, travel, computers, telephone and television, reading and education materials, exercise equipment and unreimbursed therapy. The trustee's discretion in making distributions authorized hereunder is absolute without regard to distributions from the trust estate and shall be binding on all interested persons. f. If Steven is unable to maintain 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 available to members of the community who are experiencing disabilities which axe substantially similar to those which Steven experiences. The trustee shall 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 for which Steven is or may become eligible. The trustee may bring such action in any court 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 shall continue during the life of Steven and upon his death the remaining principal and any accumulated and undistributed income and/or assets shall be paid and distributed to Timothy 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 shall be paid and distributed to Steven's estate,per stirpes. 5. I nominate and appoint Steven's financial 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 reaching 18 years of age. 6. It is currently my desire and hope that Timothy L. Brandt assumes guardianship responsibilities over Steven after my death. It is my belief and desire that 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 practicable. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this,my Last Will and Testament,bearing my signature, this .� day of ��G� , 20�.�.• . , r- `� ,�1 � /������� �-��'1� G�fC.���, Kenneth W.Richwine,Testator Acknowledgement Commonwealth of Pennsylvania � County of Curnberland � I, Kenneth W. Richwine, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purpose therein expressed. f 0!f �v v� � J � ' ''�� �'�� Kenneth W.Richwine,Testator Sworn to and subscribed to Before me this�day of ��r1�.t C�r"�.�\ , 20 l . � �f{/''�' ♦ j � �{/ Y.�� '� V� . Notary �ONtMONWEALTN qF PENNSYLVfi,NIA Notariai�ea! Connie 3.Gibson,Nc�lary Public Carlisle Earu,Cumbeiiand Cou�ty Nly Commissiun�:ptres Au�.Y7,2015 MEPIBER,P�NNSY!.VPS1L+.PS�CN"(At24'�OF NCITAR1r_S � Commonwealth of Pennsylvania � County of Cumberland � We, �e�t1C'' �CIC���'� and ��Cl S'K � C�, •' c. , the witnesses whose names are signed to the attached or foregoing instrument,being duly qualified according to law, do depose and say that we were present and saw Testator/ Testatrix sign and execute the instrument as his/her Last Will and Testament, and that he/she signed willingly and that he/she executed it as his/her free and voluntary act for the purposes therein contained; that each of us in the hearing and sight of the Testator/ Testatrix signed the will as witnesses; and that to the best of our knowledge,the Testator /Testatrix was at that time 18 or more years of age, of sound mind and under no . constraint or undue influence. � Sworn to and subscribed to Before me this �ZZ day Of _kl� LL t� � 20 �• � - �. '�.L`1'�,L�`i ' , Notary CQMMON4VEALTH OF PEN�lSY'�VAt�I,� Notartal5eal ~� Connie 7.G�bson,P�otar�Pu�lir f Carlisle Boro,Cumbeiiand Couaky f My Commission Explres Aug. 17,2D1S � n�Fr�aea,p�l�lNS'iLVaru�assc�,tr,rte�o�t�on�zes _ , ,_ , . ` � �` s<+ � : �`' ; ; „h, ? IN RE; : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA Steven William Richwine, . '. A Minor and Orphan. . : NO. 06-0089 : ORPHANS' COURT DIVISION . ORDER OF COURT � AND NOW, this ���day of i(U�, �s L.� , 2014,upon hearing testimony and receiving evidence considering Petitioner's request to confirm his testamentary appointment as , guardian of Steven William Richwitne,,a minor,THE COURT ORDERS the following: 1. Timothy Lee Brandt is confirtned as the guaxdian over the person of Steven William Richwine pursuant to 20 Pa. C.S. § 2519. Timothy Brandt,as guardian over the person of Steven Richwine, shall not be required to post a bond. 2. The estate of Kenneth Richwine and the Trust of Steven W. Richwine is authorized to pay reasonable attorneys' fees, costs, and expenses for this matter. BI'THE COURT, ���� � �:� � �, ��� ���� � a �;.. .,-- ��.��p- ��_. :,; '� ._.j"Q .1 . L.7 c:s ; /�:�34� ;s J. `_f C t�' tti1.. y a?''17� � i i.,+� :t F� � .ti r� ��l�� ; ..:� .-.�'�� , . �,;;�A� �: � r.��°�- ,,,=�:�. �. �� �� �� r� �:�. Distribution List �Iark A. Mateya and Alexandra Makosky, 55 West Church Avenue,Carlisle,PA 17013 Grace D'Alo, 530 Greason Road, Carlisle, PA 17013 James Smiley,Assistant Vice President, Wilmington Trust, One West High 5treet, Carlisle,PA 17013 h?i�UE GC7�'Y F'RQi�ti ���C.+'��>: tn 7estiimany whar�i, l horaur�z.; �s�#my t�ar�d and fihe sL�� of s�iti Caurt�t C,arlisl�, p�, (' �S `�t�•day i ,�r��','�_21.��`( �, _ ���;,�- ��,.��, ,.t t!, ,•nhanS�CS4" Mateya Law Firm PC 55 West Church Avenue Carlisle PA 17013 Tim Brandt Date: Wednesday, April 30, 2014 765 Baltimore Pike Gardners PA 17324 File Number: 1497/002 Invoice Number: 4163 Re: Richwine Guardianship Date INIT. Description of Service Hours Amount Apr 1/14 Send message to attorney Stan Smith re: 0.50 125.00 Richwine guardianship; request certain information from Letort Trust through Attorney Smith; Apr 2/14 email to Wilmington Trust; phone call to Tim 0.40 100.00 Brandt; Apr 24l14 Review financial numbers in each of the matters 2.00 500.00 where Tim BrandYs position as guardian of Steven Richwine is impacted; drive to Gardners to meet with Tim Brandt; (NOTE: I have left messages for Tim for several weeks, here and there, without one answer; Ann Aumiller, paralegal, has left messages nearly every day for Tim for almost four weeks; Attorney Alex Makosky has left messges for Tim twice without answer; A thorough search of"Brandt" was made and a slew of phone calls was made yesterday in an attempt to locate Tim Brandt in light of his lack of response; Phone calls were made to all the Brandts located near Tim BrandYs home; Phone call to the South Middleton School District to ensure that Steven was stilf attending school - No time was billed for any of this work.) Apr 24/14 Phone Tim Brandt on his cell and home 0.70 175.00 numbers; left messages on both numbers; created an estimate of what we need from the trust; letter to Catherine Bosch re: same; Apr 28/14 Work on letter for client's review; 0.50 125.00 Apr 29/'!4 Create correspondence to Trustee for funds for 0.50 125.00 guardianship, for estate bills, for inheritance taxes; Review numbers; letter to client re: same; Our Fee 4.60 $1,150.00 04/30/2014 1497/002 Tim Brandt Page: 2 Lawver Initials Rate HRS Amount mm 250.00 1,150.00 TOTAL NEW CHARGES $1,150.00 STATEMENT OF ACCOUNT Prior Balance 2,050.00 Payment& adjustments 0.00 Current Fees 1,150.00 Current Expenses 0.00 Current payment 0.00 AMOUNT DUE AND OWING TO DATE $3,200.00 Remaining Retainer $0.00 Mateya Law Firm PC 55 West Church Avenue Carlisle PA 17013 Tim Brandt Date: Tuesday, April 01, 2014 765 Baltimore Pike Gardners PA 17324 File Number: 1497/002 Invoice Number: 4124 Re: Richwine Guardianship Date INIT. Description of Service Hours Amount Mar 4/14 Email(s)with Wilmington Trust re: attendance at 0.20 50.00 the hearing next Monday. Mar 4/14 Email to J. Smiley, explaining the background of 0.90 225.00 the Richwine guardianship case to him (in light of his not having heard from Cathy Bosch and the impending hearing); Also concerning the upcoming logistics of the upcoming hearing; Mar 5/14 MAKOSKY-phone call from Court 0.20 50.00 Administration (Ruth) re: prep forjudge for hearing on 3/10/14 Mar 5/14 Emails with J. Smiley re: gaurdianship assets, 1.00 250.00 including LeTort-held assets; Mar 6/14 MAKOSKY-phone calls to Richwine siblings 0.40 100.00 (Helen, John, and Ed) re: hearing prep; phone call to Tim Brandt re: hearing prep; review and edit proposed order and send to court for judge's file and consideration Mar 7/14 MAKOSKY- meet with Tim Brandt to prepare 1.50 375.00 testimony and answer questions about hearing; phone calls to Heath Kauffman re: accepting guardianship if something happens to Tim; phone call to Dr. Raubenstine re: last minute hearing prep details Mar 7/14 Brief phone call with John Richwine in 0.30 75.00 preparation of the hearing on Monday; Mar 10/14 MAKOSKY-attend hearing for guardianship 2.00 500.00 Mar 10/14 Attend hearing with client, Steven Richwine, and 1.30 as support to lead counsel on the matter, Attorney Makosky; Mar 18/14 Email to trustee Bosch and J. Smiley re: 0.50 125.00 meeting with Tim Brandt; Mar 19/14 Phone conversation with Accountant Carol Sieck 0.50 125.00 conerning the fiduciary return due for the Richwine trust; atso discussed the other funds headed to the trust; reviewed the need for 04/01/2014 1497/002 Tim Brandt Page: 3 Date INIT. Description of Service Hours Amount growth in the estate versus the need for safety; reviewed trustee fees; Mar 24/14 Phone call from accountant Carol Sieck re: taxes 0.50 125.00 due on Richwine estate as well as Ken Richwine's fina►tax return; discussed who was filing which return; advised her that we would file any and all estate and inheritance tax returns; she agreed to do Ken's final income tax return and to do the fiduciary returns; ; Phone call from Tim Brandt re: payment of bilis; email to trustee re: setting up a meeting to discuss the payment of bills, etc; Mar 25/14 Schedule meeting with Tim, Cathy and Jim; 0.20 50.00 Phone calls and emails all around; Our Fee 9.50 $2,050.00 Lawver Initials Rate HRS Amount BB 250.00 1,025.00 mm 0.00 O.00Non Billable mm 250.00 1,025.00 TOTAL NEW CHARGES $2,050.00 STATEMENT OF ACCOUNT Prior Balance 6,790.00 Payment&adjustments -6,790.00 Current Fees 2,050.00 Current Expenses 0.00 Current payment 0.00 AMOUNT DUE AND OWING TO DATE $2,050.00 Remaining Retainer $0.00 PAYMENT 8 ADJUSTMENTS Date REF. Description Amount Mar 25/14 Check#44514 Payment on Account-Thank You 6,115.00 Mar 25/14 Check#44514 Payment on Account-Thank You 675.00