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Home My WebLink About01-30-06 (2) IN RE: EST ATE OF STEVEN W. RICHWINE, a minor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. OLD ~~ PETITION FOR APPOINTMENT OF GUARDIAN AND NOW, comes Manufacturers and Traders Trust Company, Petitioner, by its Attorneys,' Frey & Tiley, and files this Petition for Appointment of Guardian, of which the following is a statement: 1. Petitioner is Manufacturers and Traders Trust Company, of One West High Street, P.O. Box 220, Carlisle, Pennsylvania 17013. Petitioner is a New York chartered state bank having its principal office in the State of New York. Kenneth W. Richwine, who is the father of the minor, joins in the verification of this Petition to verify the facts set forth herein. 2. The minor is Steven W. Richwine, born February 11, 1997, and who resides at 765 Baltimore Pike, Gardners, Pennsylvania 17324, with his father, Kenneth W. Richwine. 3. The minor is the child of the said Kenneth W. Richwine and Nancy L. Richwine, who died on January 31,2005. 4. It is necessary that a guardian of the estate be appointed for the minor because the minor has an interest in the estate of his great aunt, Florence E. Comp, Deceased, which estate is filed to Cumberland County No. 21-05-0346. Your Petitioner is Executor of the Estate of Florence E. Comp and the undersigned counsel is the attorney for the Executor in the administration of the Estate of Florence E. Camp. !;-.......-; } ~~..:;-~ --I 11 5. The minor is a residuary beneficiary of the Estate of Florence E. Compo 'file ... j t'"",) minor's interest is one-sixth of the residuary of the estate. The estimated inheritance of tbe Cl ""'.-' minor from Estate of Florence E. Comp is $144,361.00. ':1"1 i-I C-:) -.J Petition for Appointment of Guardian Page 1 of4 /\~ 6. The amount of the anticipated inheritance of the minor exceeds the amount which may be awarded by the Court without the appointment of a guardian pursuant to 20 P.S. S51Ol. The amount of inheritance also exceeds the amount that can be placed in a sequestered deposit in anyone financial institution pursuant to 20 P.S. S5103 as the anticipated inheritance will exceed the amount of Federal insurance of such deposits in anyone financial institution. 7. Your Petitioner brings this Petition pursuant to 20 P.S.s5111(a). 8. Your Petitioner believes, and therefore avers, that there is no conflict of interest between its status as Executor of the Estate of Florence E. Comp, and its proposed status as guardian of the Estate of Steven W. Richwine, a minor, who is a beneficiary of the Florence E. Comp decedent's estate. The minor, Steven W. Richwine, is in a similar position as a residuary beneficiary to three other relatives of the decedent and shares equally in the estate with those three other relatives. The three other relatives also succeeded to sole ownership of certain jointly owned United States Savings Bonds, however, all of these rights and interests are apparent on their face, clear, and without any known conflicting positions, rights, or challenges. It is believed, and therefore averred, that your Petitioner may serve in the capacity as guardian of the minor, Steven W. Richwine, as well as continue to serve in the capacity as Executor of the Estate of Florence E. Compo See PA. a.c.R. 12.5(b)(6)[together with Committee Comment thereto] and Cumbo Cty. a.c.R. 12.5-2(3). 9. No other guardian has been appointed for the minor's estate in this or any other jurisdiction. The minor has no other assets in his name nor is he the beneficiary of any trust. 10. The proposed guardian, your Petitioner, is authorized to act as a fiduciary in the Commonwealth of Pennsylvania. 11. Your Petitioner, the proposed guardian, has no relationship to the minor, other than as Executor of his great aunt's estate, that of Florence E. Comp, Deceased. The consent of the proposed guardian is attached hereto as Exhibit "A. Petition for Appointment of Guardian Page 20f4 12. The consent of Kenneth W. Richwine, father of the minor is attached hereto as Exhibit "B." 13. The minor, Steven W. Richwine, is not the child of a veteran who receives insurance or any other gratuity payable to him by the United States Veteran's Administration. 14. Pursuant to 20 P.S. S5122(c) your Petitioner asks that it be excused from giving bond for the performance of its duties as guardian of the estate of Steven W. Richwine, a minor. WHEREFORE, Petitioner, Manufacturers and Traders Trust Company, prays Your Honorable Court for an Order appointing it as guardian of Steven W. Richwine, a minor, and that your said Petitioner is excused from providing a bond for its services as such guardian. FREY & TILEY Dated: o1/}?11d'~ o? ~ ~O~ BY: .~ 4J ,--7-~ Stephen D. Tiley, Esquire Attorney for Petitioner 5 South Hanover Street Carlisle, P A 17013 Tel. No. (717) 243-5838 Sup. Ct. J.D. 32318 VERIFICATION I verify that the statements made in the foregoing Petition for Appointment of Guardian are true and correct, partially upon personal knowledge and partially upon my belief; to the extent language in the Petition is that of my attorneys, I have relied upon my attorneys in making this Verification. I understand that false statements herein are made and subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. MANUFACTURERS AND TRADERS TRUST COMPANY Dated:/4dh~~ r??c::2t:9D6 BY: J L()~ Petition for Appointment of Guardian Page 30f4 INRE: ESTATE OF STEVEN W. RICHWINE, a minor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHAN'S COURT DIVISION NO. CONSENT OF PROPOSED GUARDIAN Manufacturers and Traders Trust Company, N.A. is a national banking association having its corporate headquarters outside of the Common wealth of Pennsylvania, but having an office within the Commonwealth of Pennsylvania at P.O. Box 220, One West High Street, Carlisle, Cumberland County, Pennsylvania 17013. Manufacturers and Traders Trust Company is Executor of the Estate of Florence E. Comp, Deceased, from whose estate the minor, Steven W. Richwine, is to inherit a residuary share, and which inheritance is the immediate impetus for the appointment of a guardian for Steven W. Richwine, a minor. Manufacturers and Traders Trust Company believes, and therefore avers, that it has no interest adverse to that of Steven W. Richwine, a minor, including as a result of its capacity as Executor of the Estate of Florence E. Compo Manufacturers and Traders Trust Company hereby consents to act as guardian of the estate of Steven W. Richwine, a minor. MANUFACTURERS AND TRADERS TRUST COMPANY BY: J Commonwealth of Pennsylvania County of Cumberland On this, the 27J7t day of ")u-u..(tZ:;k'V ,2006 before me, the undersigned officer, personally appeared JANE F. BURKE, who acknowledges herself to be the Vice President of Manufacturers and Traders Trust Company, a Pennsylvania corporation, and that she as such Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by herself as Vice President. }ss. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Katt1y J. Lear, Notary Public Carlisle Bora, OJmbfJrtand County My Commis-,>~'" c,~~~c: July 26. 2006 , Member. Penpsri::::""" :' "ci'~i0n Of Notaries ~ eu.1t/~ I (hJ- (SEAL) I EXHIBrr ". '. ", INRE: ESTATE OF STEVEN W. RICHWINE, a minor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHAN'S COURT DIVISION NO. CONSENT OF PARENT I, KENNETH W. RICHWINE, am the sole surviving parent of Steven W. Richwine, I accept notice of the foregoing Petition for a the Appointment of Manufacturers and Traders Trust Company of P.O. Box 220, One West High Street, Carlisle, Cumberland County, Pennsylvania 17013, as guardian of the estate of my son, Steven W. Richwine, a minor, and consent thereto. I give this consent with the knowledge that Manufacturers and Traders Trust Company also serves as Executor of the Estate of Florence E. Comp, Deceased, and that my son is one of the residuary beneficiaries of the said estate. I further verify, to the best of my knowledge, information, and belief, that the facts set forth in the foregoing Petition of Manufacturers and Traders Trust Company are true and correct. ~f1A1vJ~ L{j ,,1~~~ KENNETH W, RICHWINE 765 Baltimore Pike Gardners, PA 17324 Commonwealth of Pennsylvania County of Cumberland } ss. On this, the ,2. )f77 day of )CP1(.uo_y 2006, before me, the undersigned officer, personally appeared KENNETH WI RICHWINE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOli.i(\.3! S Kathy J. Lear, Notary Pu ic Carlisle Boro. Cumbenand County My Commission 'os July 26, 2008 Member, PeronsyIVl/;i ,;.:,::;:n-,n Of Notaries (SEAL) ". VERIFICATION I, Kenneth W. Richwine, verify that the statements made in the foregoing Petition for Appointment of Guardian are true and correct, partially upon personal knowledge and partially upon my belief; to the extent language in the Petition is that of my attorneys, I have relied upon my attorneys in making this Verification. I understand that false statements herein are made and subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. Datedtf1w~ c.?~ dPC6 % &fd4Il1l_1i U) ;(24~;f~ Kenneth W. Richwine Petitionfor Appointment of Guardian Page 40f4 ", \ Z OQ;::; ~zz :::E<t:<t: 0....:1> uO::::....:I Ll.~~ O:::Ez E-<::>z o::::u~ ::> P-. o Ll. ~ 0 UO:>-<z C/)E-< ~<t:z ::r:~::> E-<....:IO zP-.u ...... ~ Ll.Z O~ ~::r:o:::: <t:S20 E-<O::::Z C/) ....... ~~:::E "z<t: ~~ z~ ......E-< C/) E-< Z ~ :::E ~z ......<t: 0_ ~~ <t:<t: 0::::::> Od Ll.Ll. Zo o ...... E-< - ~ P-. co ..... (") Ol co Ol to >-:5:....("), w:3U5o~ ....J~...........C\J -<(Ol..- 1-<h1)<e1' >-co....- 06 W <<l _!:::.. >-ZI~Ol w f5 ..c .'!!. c cr::f-:;~2 u..!<~()g- to ~