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Home My WebLink About09-03-14 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-INCAPACITATF49 PERS0149 PRIOR JUDGE: M.L. EBERT, JR. c o ' rn rn rn C.5 rn PETITION TO RELEASE FUNDS HELD IN TRUST i rn ca a Q FOR AN INCAPACITATED ADULT n AND NOW, comes Petitioner, Orrstown Bank, Trustee for the afdrementiol o incapacitated person, Matthew Brink, by and through their counsel of record, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, P.C., and petitions a Court as follows: I. A settlement was reached on August 25, 2004 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, 20I0. 4, By Order of February 26, 2020, the funds held in trust for the incapacitated person were ordered to be held and not to be released without further Order of Court. i 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. The guardian of the estate of the incapacitated person, Orrstown Bank, has i been made aware that there are extensive delinquent real estate taxes for the years 2012 and 2013 on the mobile home in which the incapacitated person resides. 7. The owner of the mobile home where the incapacitated person resides is incapacitated person's late father, Thomas S. Brink. 8. The incapacitated person is not charged any form of rent for residing at the mobile home with his brother, Thomas Brink, but rather, pays the lot rent as a form of compensation for his residency. 9. In discussions with guardian for the incapacitated person and upon a review of this matter, it was determined that it is in the best interest of the incapacitated person to see that the real estate taxes on the mobile home where the incapacitated person resides are paid with the funds of the incapacitated person in order to more fully compensate the incapacitated person's brother, Thomas Brink, for the incapacitated person's residency in that mobile home. 10. The guardian of the incapacitated person, with the advice of counsel, wishes to see that the current outstanding balance for the delinquent real estate taxes for 2012 and 2013, which total $1,718.41, be paid in full from the incapacitated person's funds. 11. A copy of the statement from the Cumberland County Tax Claim Bureau evidencing the delinquent real estate tax at issue is attached hereto and incorporated herein by reference as Exhibit"A". 12. Real estate taxes that were issued on 'March 1, 2014 and in July 1, 2014 are also presently due. 11. It is in the best interest of the incapacitated person to allow the guardian of the estate to pay the delinquent real estate taxes, the real estate tax due for the current tax year 2014 and for all future real estate taxes as long as the incapacitated person resides in the mobile home. 14. 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 securing legal advice relative to this matter, reviewing the circumstances of the situation, and preparing the instant Petition for your Honorable Court. 15. The legal fees associated with legal services in this matter due to the Petitioner's legal counsel total $412.50, based upon services rendered at the hourly rate of$275.00 per hour, as well as costs or fees incurred by counsel relative to the filing of the within Petition. 16. The guardian of the incapacitated person, Lisa Brink, concurs in this request. WHEREFORE, Petitioner requests your Honorable Court to issue an Order authorizing the release of the sum of$1,718.41 for payment of the delinquent 2012 and 2013 real estate taxes on the referenced mobile home, and, further, authorizing the guardian of the estate, Orrstown bank, to release funds in the future for the payment of all real estate taxes on the mobile home, including the 2014 tax year and future years, when due, as long as incapacitated person continues to reside at his current residence. Respectfully submitted, a . Gri ie, Esquire o ey for etitioner Supreme Court ID No. 34349 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 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 falsification to authorities. DATE:DATE: 4";IR614 DANIEL K. BAER, AVP Trust Officer and Financial Advisor for Orrstown Bank Delinquent Cumberland County Delinquent Tax Sale Listing Results Page Page 1 of 1 Search Results for the Cumberland County Delinquent Tax Sale Database Detalls SurParcel 0wner2/Carao HoaseNe HcuseN. Sltus Suffix Olrettion RLrwnel Stree@ a. ea Desc,,_ Ba1Duc Ba1DUe BalDUe BalOUe Claim BaIDUe 43-05- 89 Face Penal Interes Costs Balance YrTOtal 0411-M10452 BRINK, CfY- 4.E4s,lfi THOMAS 89 COUNTR TOWNSHIP 032 VIEW 2012 OF UPPE0. $94'72 $324.43$945.93 ESTATES FRANKFOR 205.75 43-OS- MINK,0 2-TR10452 INK COUNTR Cw_ 0332 THOMAS 99 2012 TOWNSHIP VIEW OFNKFO $2'12 58.78 $0.00 ESTATES FRANKFOR gg � 041]-TR10452 B0.INK COUNT MUN- Oe[aiis OMAS 89 TOWNSHIP 032 EI'ETA�S 2012 FRAOF UPPER $8.02 $0.80 $1.14 $O.OD $9.9fi $0.00 43-OS- 89 ' 0417-TR10452 BRINK, COUNTR $CH- 11 032 THOMAS 89 VIEW 2012 TOF UPPER $485.07$48.51 $69.16 $0.00 $602.74 $0.00 43.05- ESTATES FRANKFOR gq B�041]- R10452 THOMAS 69 COUNTR TOWNSHIP 032 VIEW 2013 OF UPPE0. $1".12$10.61 $5.60 $58.00$180.33$772.80 93-05- ESTATES FRANKFOR 89 0412- R10452 BRINK, CNS art:!'$ THOMAS 89 VIEW L TOWNSHIP 032 VIEW 2013 OF UPPER $].12 $0.71 $0.35 §0.00 $8.18 $0.00 43-05- ESTATES FRANKFOR Se4L BRINK, 99 MUN- �J� 00432-TR1045 THOMAS 89 COUNLR 2013 TOWNSHIP VIEW OF UPPER $B.02 $0,60 $0.42 $0.00 $9.24 S 0.00 ESTATES FRANKFOR 43,05. ESTATES COUNIR TOWNSHIP PCfdOF 0417- 3045 CHAS 89 TOWNSHIP 032 2013 OF UPPER $498.70$49.87 $26.18 $0.00 $574.7 $0.00 ESTATES FRANKFOR 43- $q D.CSB95 0032 17. 10452 8 CHAS 89 COUNTR 2013 CLAIM $ $ EW TOTALS 1,214.89 121.48 $117.29 264.75 1,718,411,71a.41 ESTATE$ Retum to Delinnuent Tax-saig search page kXH4 G I T `tom hUP://taxdb.ccpa.iiet/delinquent/Results.aspx 8/12/2014 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 3 m0(day of September, 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: 3 ( Y K ey L. Griffie, Esquire Attorney for Petitioner GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552