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HomeMy WebLinkAbout06-06-14 IN RE: : IN THE COU T OF COMMON PLEAS : CUMBERLA D COUNTY, PENNSYLVANIA Steven William Richwine, . � A Minor and Orphan. . j �..� � : NO. 06 - 0089 i c= �, � -:, � : ORPHANS' CpURT DIVISIO�i =� �-. ;�; � :-,-, � C c, i .,_J -- c-1 z ��.�s � ,. . ; c;� r,; � �:` c,, � � ..'`! r,"r PETITION TO INVADE PRIN IPAL ;� ° �--�. ' `=' � , �� _� �.3 c� G .,,� � r "�7 Timothy Brandt,petitioner in his capacity as Executor of the estate of.�e�eth�hwi�:�,�� ;� —i r�-- � by and through his undersigned attorney,petitions the Court t permit the trar�fer of furWS as�tQ, -,� forth more fully below. In support of this petition, petitioner a serts the following: 1. The estate of Kenneth Richwine was opened in umberland County,Pennsylvania, case No. 21-13-01011. The sole beneficiary of the Last Will Testament of Kenneth Richwine is his son Steven W. Richwine. See Exhibit A. 2. Petitioner is Timothy Brandt, in his capacity as the executor of the estate of Kenneth Richwine. Petitioner is also the Guardian of the pers n of Steven Richwine,the beneficiary of the estate of Kenneth Richwine. 3. Petitioner enlisted the services of Mateya Law Firm,P.C.,Maxk A.Mateya,Esq.,to assist in the administration of the estate of Kenneth Richwine. 4. 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. 5. The estate of Kenneth Richwine is without funds to properly administer the estate. 6. Manufacturers and Traders Trust is the Guardian of the estate of Steven W. Richwine by virtue of an Order of this Court of February 1, 2006. A true and correct copy of that Order is attached at Exhibit B. 7. Wilmington Trust is a division of Manufacturers Traders Trust and as such stands 1 in the shoes of the Guardian of the estate of Steven W. Richwine. 8. Wilmington Trust, as Guardian of the estate of Steven W. Richwine, may only distribute interest or income, and not principal, for the benefit of Steven W. Richwine without Court approval; The Trust has already distributed all of the interest for the benefit of Steven W. Richwine this year. 9. Petitioner is requesting this Court permit and direct the distribution of principal of the funds held by Wilmington Trust as Guardian of the estate of Steven Richwine to the estate of Kenneth Richwine. 10. The estate of Kenneth Richwine anticipates distributions and payments in the aggregate amount of$41,000 in order to finalize the estate. This amount includes(approximately) $14,200 for Pennsylvania lnheritance T�, $8,000 for legal fees, $17,500 for executor's fee and some small outstanding bills, including $116 due to Suburban Propane. WHEREFORE,petitioner Timothy Brandt requests that this Court issue an Order ordering the distribution of the funds presently held by Wilmington Trust in the amount of$41,000 to the estate of Kenneth Richwine. Respectfully submitted, a Mark A. Mateya(P 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 Timothy Brandt in his / capacity as executor of the estate of Dated: (� - CP - �� Kenneth Richwine 2 VERIFICATION I, Timothy Brandt, 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. ,. � _ yL ~ Timothy Brand Executor of t estate of Kenneth Richwine DATED: �P ` � � �� 3 _ _ _ __ _ � � �, �.�� �' LAST WILL AND TESTAMENT ' Prepared 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 all of my debts, funeral and administrative expenses as soon as convenient after my decease. I direct that all 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 h:; 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 EXHIBIT � � 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 are 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 ���t , 20�_• . r r- �,/� i y�(r��� �1�� ^ /� ��'(;�, y �:C � Kenneth W. Richwine,Testator Acl�nowled�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, 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. � a.J �C :l� `��w����'"��.,+�:..° . /I��}-� Kenneth W.Richwine, Testator Sworn to and subscribed to Before me this r, day of �..�-�n�iCt Y"��� � 2��• ► :'����..� �,�, T------- Notary �OMMOPJWEALTH OF PENNSYLVP,NIA Notaria!Seai Connie 3.Gibson,Natary Public Carlisle Earo,Cumberiant!Cou�ly My Commission 6cplre�Au�.i7,2035 MED'BER,PENNSY?.VF h1LP.A�a;X"(ATfO'?OF NOTA#tTES Commonwealth of Pennsylvania : County of Cumberland : We, �Ca�€� �C�C�M� and �I t:l t"� � C.�i.� �'(�—, 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 tlie 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. , i � Sworn to and subscribed to Before me this �ZZ day of ,�1� t� �` , 20 13. �.. �LF�..�'a � Notary ` COMMONWEALTH OF Pr�lf�SY1VN�1L4 Notarial Seal Connie 7.Gibson,Notar�+Public Carlisle Born,Cumberiand Cuunb/ My Commisslon E:colr�s d�ug. 17,2qtS r�er�sEr,,��rir�s•;�VANL?A�(�.1M7IQN OF MOTARIE$ r � .. ... ��i �u� ,�� � ' � IN RE: FSTATE O�'STEVEN V'��. : IN TIEiiE COUR�'O�COiVllyiaPd�LEAS OF RICHWINE,a minor : CUMBERLAND COUNTY,PENNSYLi%ANlA • : ORPHAN'S COURT DIV�SI4N � . � . . . 1v0. ��-C� -�� . � ' � P�BF� AND NOW,this l�� day of ���, ,2006, upon consideration of the Petition of Manufacturers and Traders Trust Company of Carlisie, ' Pennsylvania,it is hereby Ordered and Aecreed that Manufac rers and Tzaders Trust , Company of Carlisle, Pennsylvaz�ia, is appointed Guardian o e estate of Steven W. � Richwine,a minor, and the provisions of Cumb. Cty. 5-2(3) are waived with � •. � --- regard to the Petitioner's service as Executor•of' -of Flo e E. Comp, � �• •.� _ •IIIY�' � . Deceased. � �. '.. .�_ _. ,,�, ��: i . . i -�----.- - -_..... . : � � • . •��r,'�� } . f 7'�,-•,,t:i . ,�. ;. . ; The Guardian,Manufacturers d Trad`e ru' C'o'mpany, is hereby excused Z . ����i\ :� . � f • � from giving bond. ' ' r-r ��1�� � ��: ��,;� Ez-; i� i � ` �` � ' ` .;'t'���' t � � : � :r ' a.., � . n� ��r��;��11�t�•�(� r'i� • • The Guardian is dir d`to'file 'Invento ,ry•wit�►in 90 days of the date of this ; �„ ,,�.;. �..�s. '�+ _ Aecree in accordance witti the ns of.20,Pa:CQNS. STAT. §5142. , , . ���,�. ,,... � � , , �'�.�j`� ��•,� • t ' ; , , ''J',�';-•'�•:�t i1, �' � . ; . '.��I�7 - ;�,�.�+ .., � . :,�;�„, j--�I �_.._.._ _.,,. ..„ _,�'''';•;''•, ,`�`• i.� � • ' ... , . _ __?, � . � BY THE COURT, Date: , �-------------- -- - - -- --......_._..-- - -�-- �� . . BY� �-- - . . . . J. �''�, � _. • - •-- �, - .-? •- `i Ci `J . -' . I-•- ( --1 r,� , � ' � - hi . _. ` ';` � : ' � �' �� ..__�....�_....� _"' " ' _' _ " ' ' " ' ' ' " " ' .• - � _ . � . ' � � .1 � EXHIBIT � � . . � � � � . - � i.,� 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 Steven W Richwine 765 Baltimore Pike Gardners PA 17324 Tim Brandt 765 Baltimore Pike Gardners PA 17324 Mark A. Mateya, quire 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 Dated: � � '1