HomeMy WebLinkAbout05-22-14 ✓
IN RE: : IN THE COURT OF COMMON PLEAR.�,
: CUMBERLAND COUNTY,R�NNSYL�"-�' N�Q M
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Steven William Richwine, • =� � `-`' ��'
A Minor and Orphan. • '�'�' =� �' � - � �
: NO. 06 - 0089 �'' �' '''
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: ORPHANS' COURT DIVISI(�N � , �-,
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MOTION TO WITHDRAW ` —+ �'
PETITION TO TRANSFER FUNDS AND INVADE PRINC�'AL o `'r> o
Petitioner Catherine Bosch,by and through the undersigned attorneys,moves to withdraw
her petition to the Court requesting the transfer and distribution of funds from LeTort Management
and Trust Company. In support of this request to withdraw,Petitioner asserts the following:
1. Petitioner Catherine Bosch is a Trust Officer of Wilmington Trust,N.A., successor
by merger of Wilmington Trust,N.A. and Manufacturers and Traders Trust Company(M&T),the
entity appointed Guardian of the Estate of Steven W. Richwine, Minor,by Order of this Court
dated February 1, 2006.
2. Steven Richwine is a 17-year-old unmarried male,born February 11, 1997, with
certain physical and mental disabilities. He resides at 765 Baltimore Pike, Gardners,Cumberland
County, Pennsylvania.
3. Both parents of Steven W. Richwine are deceased. His father, Kenneth W.
Richwine,died on August 25,2013,and his estate is currently under administration in Cumberland
County at No. 21-13-1-11,with Timothy L. Brandt acting as Executor under the Will.
4. By Order of this Court dated March 11, 2014, Timothy Brandt was appointed the
Guardian of the Person of Steven W. Richwine, a minor and orphan.
5. On May 7, 2014,Petitioner filed a Petition to Transfer Funds and Invade Principal.
6. On May 12, 2014,the Court scheduled a hearing on the Petition for Tuesday,
May 27, 2014 at 2:00 p.m. before the Honorable Wesley Oler, Jr.
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7. In preparing for the hearing and discussing the matter fully with the witnesses and
the attorney for LeTort Management and Trust Company, it came to the attention of the
undersigned attorneys that several key facts,including whether a trust fund exists at this time,were
misunderstood.
8. Petitioner requires more time to more fully work through issues with the Guardian
of the estate of Steven W. Richwine and the Guardian of the person of Steven W. Richwine.
9. In the interest of not wasting the Court's time,petitioner seeks to withdraw the
petition until such time as a petitioner is able to present a new petition that fully and accurately
addresses all of the issues.
WHEREFORE,petitioner requests to withdraw the Petition to Transfer Funds and Invade
Principal and cancellation of the court hearing scheduled for May 27, 2014 at 2:00 p.m.
Respectfully submitted,
C�,+.��.l,a ��'�`
Mark A. Mateya(PA 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)
Dated: �'`�� / ��
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CERTIFICATE OF SERVICE
I, Alexandra Makosky, certify that on this date I served a copy of the foregoing
document to the following persons by first class mail and email:
Catherine Bosch
One M&T Plaza
345 Main Street
Buffalo,NY 14203
cbosch n wilmin�tontrust.com
Stanley A. Smith,Esq.
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108
Attorney for LeTort Management and Trust Co.
SSmith(��rhoads-sinon.com
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Alexandra Makosky
Dated: `���� ,i�