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HomeMy WebLinkAbout01-2957 FX . ,I. - L' ~C - , - """""'~ I . ~\ , ,. . BERTHA L. TROUT, also known as BERTHA O. TROUT, by her attorney-in-fact, Rhonda C. Irwin, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Petit".ioner NO. 01-2957 CIVIL TERM v. EILEEN C, BINGAMAN and LON H. BINGAMAN, he~ husband Respondents PRELIMINARY OBJECTIONS OF RESPONDENTS TO PETITIONER'S PETITION FOR RULE TO SHOW CAUSE AND NOW come respondents, Eileen C. Bingaman and Lon H. Bingaman, by their attorney, Kent H. Patterson, and file these preliminary objections. LACK OF JURISDICTION OVER THE SUBJECT MATTER OF THE ACTION 1. Petitioner in her petition requests that respondents file an accounting and make restitution for assets of petitioner that petitioner alleges respondents liquidated and/or converted while respondent Eileen C, Bingaman was exercising powers given by petitione~ to respondent Eileen C. Bingaman, under a power of attorney. 1 '" ,-,I " """",: ... .' " , 0' j 2. Petitioner has filed her petition at law with the Prothonotary of the Court of Common Pleas of Cumberland County, However, Section 711 (22) of the Probate, Estates and Fiduciaries Code, 20 Pa. C.S. section 711 (22), provides that jurisdiction of the court of conanon pleas over matters pertaining to the exercise of powers by agents (attorneys-in-fact) acting under powers of attorney shall be exercised through its orphans' court division. WHEREFORE, the respondents request your honorable court to dismiss petitioner's petition for lack of jurisdiction over the subject matter. LACK OF CAPACITY TO SUE 3. The petition was filed by Rhonda S. Irwin in her capacity as attorney-in-fact (agent) for Bertha L. Trout a/k/a Bertha O. Trout pursuant to a power of attorney purportedly executed by Bertha L. Trout dated March 22, 2001, which is attached to the petition as exhibit E. 4. The power of attorney appoints Rhonda S. Irwin to act as agent for Bertha L. Trout to perform certain business and financial matters for Bertha L. Trout, but it does not give Rhonda S. Irwin power to institute litigation on behalf the principal. 2 ~ ,j ,'" '" "I .'~ , " ...ll~,L . . .', WHEREFORE, the respondents request your honorable court to dismiss petitioner's petition. LEGAL INSUFFICIENCY OF THE PLEADING (DEMURRER) 5. The petition does not state a legal basis for naming Lon H. Bingaman as a respondent who would be required to file an accounting and/or make restitution. 6. Respondent Lon H. Bingaman was not appointed an attorney-in-fact (agent) by petitioner Bertha L, Trout and the petition does not allege any fiduciary duty that respondent Lon H. Bingaman would have to Bertha L. Trout. Petitioner's only bases for naming Lon H. Bingaman as a respondent, as stated in paragraph 20, were the general allegations that petitioner ubelieves and therefore avers" that Lon H. Bingaman benefited from the alleged conversion of petitioner's assets and that he may be a joint owner with Eileen C. Bingaman of alleged converted assets, presum~bly because he is the husband of Eileen C. BingaIllan. WHEREFORE, the respondent Lon H. Bingaman requests your honorable court to dismiss the petition as to him. 3 ,,-=. ,t_ " , ., . . . ., FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT AND INSUFFICIENT SPECIFICITY IN A PLEADING 7. petit.ioner's petition is contrary to Pa. R.C.P. 1019(a) and (b) in that it alleges that respondents have converted petitioner's assets against her wishes and that Lon H. Bingaman has benefited from the conversion but it does not state any material facts to support the allegations. WHEREFORE, the respondents request your honorable court to dismiss petitioner's petition or in the alternative to require a more specific pleading. Respectfully submitted, J::- r !iP~ ;Kent H~ Patterson Attorney for respondents 221 Pine Street Harrisburg, P~ 17101 (717) 238-4100 4 , L ,~ ., "1 f, j[ . . BERTHA L. TROUT, also known as BERTHA O. TROUT, by her attorney-in-fact, Rhonda C. Irwin, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Petitioner NO. 01-2957 CIVIL TERM v. EILEEN C. BINGAMAN and LON H. BINGAMAN, her husband Respondents CERTIFICATE OF SERVICE AND NOW, this day of June, 2001 I, Kent H. Patterson, attorney for Respondents, hereby certify that I this day served the within Petitioner's preliminary objections by depositing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to counsel of record for Petitioner as follows: Harold S. Irwin Attorney at Law 35 East High Street Carlisle, PA 17013 Ie-. t7#~ ~nt H. Patterson Attorney for Respondents 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 ...........1 ~lJ""lilJ:[~~,~l!J1'll~titti!l~I&'ii~~~~..-,:I'"l'~':,'}^JI,'''*F'ci,,''"h~afr''H~;,'J;""";,'~~.iI-.~~~~~~~>\ll'~~'~:i?lj,,jL~ ._~~ ~ m.~ "" ,., ~__" _. _~ """._.. " 0 d~ " <" ~.~' o ~ .~_.~ ~- --I . (") CJ Q c ?';: -- -0 C~; -c; ITifY .- Z7' ~~~-: C,) KC -'(J . ~p _-"0.- (,-,:, ~ ) e- e) -rr' J>c:: ..4 ~/ .'0 '"':> <.. ~ ~ (l' - o '0' '&'-~,,""'~''-''"I "'" ~, "..",,~"nM-,-" "_,,,P__~~",", ,..,',^"~,,,," , , HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PETITIONER BERTHA'" TROUT, also known: IN THE COURT OF COMMON PLEAS OF as BERTHA O. TROUT, by her : CUMBERLAND COUNTY, PENNSYLVANIA attorney-in-fact, RHONDA S. IRWIN, : CIVIL ACTION - LAW Petitioner . v. : NO. 01 - r:l9 S7 CIVIL TERM EILEEN C. BINGAMAN and LON: H. BINGAMAN, her husband, Respondents: ORDER OF COURT NOW, this J I~ay of May, 2001, on petition of Bertha L Trout, also known as Bertha 0, Trout, by her attorney-in-fact, Rhonda S, Irwin, and on motion of Harold S, Irwin, III, Esquire, a rule is hereby issued upon defendants to show cause why they should not be required to file an accounting and pay restitution to the petitioner, Rule returnable J-O days after service upon respondents, By the Court, J, ;V t-r;?-?:D\ ~, ~,< II! ^ - ~ ^- ~. ,. ,~"<<= -~ .' " -,- li"'! ',g":) I"'i ,-, '{i 12; ::i5 CU"':"- - - _. , l'/"~"-i--:' ",,'," "'I I II "'IT'" ';-'~,:-' ,U ., >L~! ',,,,)0,.,'\...1 \i I Y PE:NN'~\i'LI \("~I~,!il\ "" " 1 ,'df, . __"~",",,,.._,,Jr1'I!'!~!)IlIf':i..,.",",~~.,,,,-:,,,,~~~~ .,Il.~~~ _. w . .' - ".. '-,,~. -, <','- "'0',", '. f. '. " BERTHA I.. TROUT, also known: IN THE COURT OF COMMON PLEAS OF as BERTHA O. TROUT, by her : CUMBERLAND COUNTY, PENNSYLVANIA attorney-in.fact, RHONDA S. IRWIN, : CIVIL ACTION. LAW Petitioner . . v. : NO. 01 - .;2 9.57 CIVIL TERM EILEEN C. BINGAMAN and LON : H. BINGAMAN, her husband, Respondents: PETITION FOR RULE TO SHOW CAUSE NOW comes Bertha L. Trout, also known as Bertha O. Trout, by her attorney-in- fact, Rhonda S. Irwin, and presents this petition for a rule to show cause, representing as follows: 1. Petitioner is Bertha L. Trout, also known as Bertha O. Trout, an adult individual residing at Outlook Pointe, 1100 Grandon Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondents are Eileen C. Bingaman and her husband, Lon H. Bingaman, adult individuals residing at 270 Pleasant Hill Road, Lewisberry, York County, Pennsylvania 17339. 3. On or about July 18, 1997, while living with respondents at their residence and at the suggestion of respondents, petitioner executed a document wherein she appointed respondent Eileen C. Bingaman as her attorney-in-fact. A copy of said power of attorney is incorporated herein by reference and attached hereto as Exhibit "A". 4. Subsequently, respondent Eileen C. Bingaman began acting as attorney- in-fact for petitioner pursuant to the general grant of powers contained therein and, it is ,- ',' ~"' ".,,', ,"",. "-,-~,"'^ ,"'~~'iM' ~_ -'>,~,,,:'';'I .. believed and therefor averred, handling all financial and other related affairs for petitioner after that date. 5. At the time of the appointment of respondent Eileen C. Bingaman as attorney-in-fact for petitioner, petitioner was the owner of substantial stock investments, bank accounts and other assets, the exact extent of which is unknown at present, but which are known to have been valued in excess of $300,000.00. 6. By virtue of said investments, petitioner received substantial income in the form of stock dividends, interest, pension payments, social security and otherwise, which income was substantially more than the cost of her care and maintenance. 7. In 1999, respondents suggested that petitioner move to a nursing facility and, in fact, were successful in obtaining petitioner's agreement to move her residence to Outlook Pointe, a multi-level nursing home facility located at 1100 Grandon Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. 8. After petitioner's move to Outlook Pointe, respondent Eileen C. Bingaman continued to act as her attorney-in-fact, managing all of the financial affairs of petitioner, including preparation and filing of her income tax returns, managing her bank accounts, paying her bills, etc. 9. However, petitioner believes and therefor avers that respondent also at this time began to liquidate petitioner's assets by selling all of petitioner's stock investments and converting the proceeds of said sales, along with the bulk of petitioner's remaining assets into new investments and I or assets in the name of respondents. ,. M~ " ~ ~~ .."~-- " -~'~' lifjl .. 10. Neither the liquidation of such assets, nor the conversion of the assets into the names of respondents, was done with the knowledge, permission or direction of petitioner. 11. Ultimately, respondent Eileen C. Bingaman failed to make payment of petitioner's monthly account at Outlook Pointe and due to the liquidation and conversion of her assets by respondent, petitioner no longer has sufficient income to meet her monthly expenses for nursing care or for other personal expenses. In fact, her only income appears to be from her retirement account and social security. 12. On February 9, 2001, due to nonpayment of petitioner's nursing home account and the inability of petitioner or staff from Outlook Pointe to communicate with respondent Eileen C. Bingaman, petitioner executed document whereby she revoked the power of attorney previously granted to Eileen C. Bingaman. A copy of this revocation is incorporated herein by reference and attached hereto as Exhibit "B". 13. On March 19,2001, petitioner executed another revocation of said power of attorney, a copy of which revocation is incorporated herein by reference and attached hereto as Exhibit "C". 14. Subsequent to the second revocation, a copy of the revocation and a letter notifying her of the revocation and requesting an accounting of all financial transactions undertaken by Eileen C. Bingaman for or on behalf of petitioner was sent by petitioner's attorney to respondent by U. S. mail. A copy of this letter is incorporated herein by reference and attached hereto as Exhibit "0". 15. On March 22, 2001, petitioner executed a new general power of attorney whereby she appointed Rhonda S. Irwin her agent. A copy of said document is incorporated herein by reference and attached hereto as Exhibit "E". . '.~". '" "'" ~",-=<"". - ';" ".',C,'K""'.'-~ -',' ,'. . c'_.' ',;' '~ .. 16. To date neither petitioner, nor her agent or attorney, have received any response whatsoever from respondents. 17. Petitioner believes and therefor avers that respondent's lack of response indicates that respondents have, in fact, unilaterally liquidated and lor converted petitioner's assets, contrary to the wishes of petitioner and in violation of respondent Eileen C. Bingaman's duties as attorney-in-fact for petitioner as well as specific state law. 18. Respondent's refusal to communicate has made it virtually impossible for petitioner or her agent to determine the exact nature and extent of her past or present investments and income. 19. Petitioner's status at the nursing facility is at jeopardy due to her inability to meet the monthly expenses which are accumulating, or to payoff the unpaid monthly charges that had been accruing prior to the appointment of her new power of attorney. 20. Respondent Lon H. Bingaman has been named as a respondent in this matter due to the fact that petitioner believes and therefor avers that he has benefited from the conversion of petitioner's assets and may, in fact, presently be a joint owner with Eileen C. Bingaman as such investments may now be titled. WHEREFORE, petitioner requests your Honorable Court to enter a rule upon the respondents to show cause why they should not be required to file an accounting and to make restitution for any and all assets liquidated and lor converted contrary to the fiduciary duties imposed by law. May 14, 2001 HAROLD S. IRWI III Attorney for petitio ,>>' - ,,~~ " 1'--"',,:,' , "'-'_~'~''',w'_~_...",,1 ,.-._, _,~, ", ;.<-~~'4J .. VERIFICATION The foregoing petition is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. May 14, 2001 ~J~~) RH DA S. IRWIN Agent for Bertha L. Trout, also known as Bertha O. Trout, Petitioner , ~ "~ ",~' ,"L"'.' ," ,_ , '""",~' "'", , '.f.--;I EXHIBIT "A" ~, , ~- ',."~";",,", '.-"1"'....."1 "'0 a'?li1a"l!U!"'" . ~. J :j:,~.} "1:, ' ,... :,' . ~;.~~",oj,,,l.i,;....~IJ.:,:.j-\'ri'it..'<,':\":" ,. ~ . ~>.,,~:; ,:,~::.)l ".~'~~\,. :'i'.!{(,.,' ,".. Jii" j' ';~~. " " ~""~"'~.'. }fi}" ...., ...,( GENERAL POWER OF A'l'TORNEY FOR BERTHA ---0: TROUT KNOW ALL MEN BY THESE PRESENTS, that I, BERTHA O. TROUT, of 270 Pleasant Hill Road, Lewisberry, York County, PA 17339, do hereby nominate, constitute and appoint EILEEN C. BINGAMAN, of 270 Pleasant Hill Road, Lewisberry, York County, PA 17339, to be my Attorney-in-Fact for the purpose of conducting all or any of my affairs on my beh~lf, and for the purpose of signing on my behalf all deeds, mortgages, leases, orders, contracts, documents of title, writings, assurances, and any and all other documents of any nature, and to have access to any and all safe deposit boxes registered in m~ name. This General Power of Attorney shall also include, but not be limited to, the power to draw, sign and endorse all checks, drafts and other instruments; to make deposits to and withdrawals from any and all bank accounts or other accounts; to buy, sell or transfer motor vehicles, stocks and any securities; to sell, buy, lease, mortgage, encumber and otherwise dispose of or take any action with regard to any real or personal property, now or hereafter owned by me; to execute and file any tax return or other government reports or forms; to receive social security benefits, pension benefits and all other monies and things owing to me; and to make and transact any and every kind of business of every nature; hereby ratifying and confirming all that my said attorneys shall lawfully do or Page One of Four _!1\~?i1__b'!1ry,7"~~nr~~.. . ~...~~!f.j '. tF:lr.f.;~..'l.:" .,....' ,"" .,,':il,:...,!,!"~,l')'~~~:..J.:.~'.,'Wi~"~' 1;,>"."'--.U ,~, ;.-~~"{>!;;;:~~".'. I' ,Y;~ ''',. ~I'''''''') .,.:' ~. ,~"~" ~, ' ,~. "~',. '1."..V'","",l,,~,;; "",;-"",,"",~,'~',k;;.<',,,J:...,",.j,;j,'" . '~"'"'i';:~ '- ( ... ( cause to be done by virtue of these presents. My Attorney-in-Fact shall also be empowered to do any of the following, as those activities are defined in the Pennsylvania Probate, Estates and Fiduciaries Code, 20 Pa. C,S.A., Section 5603, et seq: to make gifts; to create a trust for my benefit; to claim an elective share of the estate of my deceased spouse; to make additions to an existing trust for my benefit; to disclaim any interest in property; to renounce fiduciary positions; to withdra\ll1 and receive income or corpus of a trust; to authorize my admission to a medical, nursing, residential or similar facility and to enter into agreements for my care; to authorize medical and surgical procedures; to engage in real property transactions; to engage in tangible personal property transactions; to engage in stock, bond and other securities transactions; to engage in commodity and option transactions; to engage in banking and financial transactions; to borrow money; to enter safe deposit boxes; to engage in insurance transactions; to engage in retirement plan transactions; to handle interests in estates and trusts; to pursue claims and litigation; to receive government benefits; to pursue tax matters; to request and obtain any and all information concerning any of my assets and any of my affairs, It is the intention of this document to fully and completely authorize Eileen C. Bingaman to conduct all affairs of the undersigned as completely and fully as she could do if she were present and acting in person. This is intended to be a General Page Two of Four ""', .. -" -,.,~~, ,,"'''' ---,,~-- -"'~'"-I~V~_"'~',,:i'F' ~~--""-,,,,--,, "W'"-",,"",o;;.~',,,---,-, --'.-., ~_, '~_\<""'__''''I] J ( Power of Attorney and is completely unlimited with respect to acts authorized to be performed on behalf of the undersigned by them. This Power of Attorney shall not be affected by the disability of the principal, and the authority conferred herein shall be exercisable by the Attorney-in-Fact herein appointed, notwithstanding the disability, incapacity or incompetency of the principal or later uncertainty as to whether the principal is dead or alive. It is the intention of the undersigned that under such circumstances this Power of Attorney shall remain valid and may be relied upon by all persons and corporations dealing with the Attorney-in-Fact hereby appointed. I grant to_my Attorney-in-Fact the power and authority to appoint successor or substitute Attorneys-in-Fact and to revoke any said appointments, granting to any such successors or substitutes full power and authority to act in the place of my attorney for me and on my behalf. IN WITNESS WHEREOF, and seal this i "8!!: WITNESS: the undersigned has hereunder set her hand day of ~ ' 1997. ~1:I/&~ / /dlj~.<f)~ BERTHA O. TROUT Page Three of Four "'~~"!'~ ...,"... , :':'oilf"''' .:.........., . . ....1.1(. . ..1t~~. .'1", ":'.j.;t~~~:;,,,}"l?,~:t't,, ~:~. ~ ,'" ~,,=-~, 'I'~--- "-"-,---,'.-",,,,~ _IN."~''-''~''_''_'_,,,, """,',~;;CI , . ( , ( ," .'_.""""'~~"'" . ._- .__4____, COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF DAUPHIN On this, the / q-7J.. day of J(J1y 1997, before me, the undersigned Notary Public, personally appeared Bertha O. Trout, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: ~d~A.r_ Notary Public Nolatfal S9aI Kathryn .5. Patlerson. Notary Pubtlc HarriSburg, Dauphin CoUnty My Commission Expires May 22, 2000 Page Four of Four ~tflj'4;.-'j~-;V;~~:";""'~: ',: ~'''''7',r ~:,~:'3",~~,~""":~~I:"'.; ::'~. -'-T"'-:,~~' ....~\~'.\. "." , '._-'."H~' .... ''':-'~'r,...-:-:--:. '-;~~(' '--I.' ;'~':nt-.~~...~~.- EXHIBIT "B" .' .~~,~,~-,,~ ~-""',-v~'..'.r.''''=---.~'~-''-''''''.-",,' <--;,0--' -,': "':-->it: -,~.,.." .~-'""'"-~"~ ,-~~, -,= .---~' - ,~.~~-, ,',io,' ,'-'- _ .~~~ ''<'_;;'"+1 Commonwealth of Pennsylvania County of Cumberland L. · ft"; l-\ lJ.A On this, the q"T1Y day of FEBR~'I 2001, before me, the undersigned notary public, personally appeared Bertha O. Trout, known to me ( or satisfactorily proven to be the person whose name is subscribed to the within instrument has chosen to revoke her current power of attorney,Eileen C. Bingaman, of 207 Pleasant Hill Road, Lewisberry, York County, PA 17339. This is done of my own free will. I will be signing all deeds, mortgages, leases, orders, contracts, documents of title, writings, assurances, and any and all other documents of any nature, and to have access to any and all safe deposit boxes registered in my name. This shall also include, but not be limited to, power to draw, sign and endorse all checks, drafts and other instruments, to make deposits and withdrawals from any and all bank accounts. In witness where or, I hereunto set my hand and official seal. hFVtl'>S~ ~--ct-t ~ Bertha O. Trout 2-Cj-O\ Date " "." 1"( ~ . f ~Jn. S'QsaA M. Yo g , .? NQtcify Public " '1 . " '. ./ ...... " , I " , " 2-Cj- 0 I Date {' ,,'i .... '" i , "\' .~ '.\ '\. . .,l~ "')' "'" ',"1,: "',', . Notarial Seal Susan Marie young. Notary Public Hampden Twp., Cumberland County My Commission Expl~es JunF 1 ~. 2001 em er, Pennsylvania Association of Notaries EXH IBIT "e" , ~ - ,"0"1 " ~-,,,.., "~"'" "",',~"" ~'<"' "_,,,_'C~="_''''~'''''''p" ~ -, -<' ""--'lj . "'I"~~""__~"_"k_ ,V-~~,,~,-~--""~~~~",_~ ~. ~'" ";'_'~';;'~'I REVOCATION OF POWER OF ATTORNEY r KNOW ALL MEN BY THESE PRESENTS, that I, BERTHA L. TROUT, of 1100 Grandon Way, Mechanicsburg, Cumberland County, Pennsylvania 17050, do by these presents revoke, cancel, rescind and otherwise withdraw the appointment of EILEEN BINGAMAN as my true and lawful agent under a power of attomey, for me and in my name and on my behalf gen~ such durable general power of attomey having been executed by me on ;XU l Y 18',) I . IN WITNESS WHEREOF, I have hereunto set my hand and seal this 19TH day of March, 2001. WITNESSED BY: (Y~ty- J)1'?~cr' ;;~A S~~. ;;f. :flu. .:d{SEAL) BERTHA L. OUT COMMONWEALTH OF PENNSYLVANIA : ;5S: COUNTY OF CUMBERLAND: / On this, the 19TH day of March, 2001, before me, the undersigned o~cer, personally appeared BERTHA L. TROUT known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. / .J ""'. ~((J~~f7l..A-.h Nola" Pub"o U Notarial Seal " Harold S. Irwin III. NotaTY Public Carlisle 80ra, cu~berland coun:ibo2 My CommissIon ExpIres Sept. 23. . _,. -" -'''''~-\atif'ln I"tt No\anes Member, PennsylV'.!.;<<~.. .",:~","'l .' ~ cj.~ri- C)....I - m__^'_ "-'-1-""0";", '..-~i ,""~-'ili<~\.i-".;.o;,'t'.-_'^,,_<,,' . _ ,,,-~,_~'_i~ EXHIBIT "D" -.. ,--,--," , ~ '-';';1",;-"""__,,, ." 0. "_ ~ :, ,.~ ~"-"' '. """"-,~,, ;,,-,.;;,;,s '.""'.1:: ,_.' , -4', _ "', ,~~"i ," LAW OFFICES OF HAROLD S. IRWIN, III ATTORNEY.AT.LAW HAROLD S, IRWIN, III JOHN J, BARANSKI, JR. HITNER HOUSE, SUITES 201 and 202 35 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 HEATHER A. BARBOUR RHONDA S, IRWIN PARALEGALS www.irwinlawoffice.com e-mail: irWinlaw@epix.net 717,243-6090 PHONE 717-243-9200 FACSIMILE March 20, 2001 EILEEN C. BINGAMAN 270 PLEASANT HILL RD LEWISBERRY PA 17339 RE: Bertha L. Trout Dear Ms. Bingaman: In my capacity as an attorney for the Cumberland County Office of Aging, I have been asked to meet with Bertha L. Trout. We did meet with her yesterday, having previously prepared the enclosed revocation of power of attorney at her request. Bertha signed the revocation and it is now in force. This means that you no longer have power of attorney for Mrs. Trout and may no longer act as her agent, effective immediately. In addition, we are demanding, on Bertha's behalf and at her request, a full accounting for all of the funds she owned at the time the power of attorney was executed on July 18, 1997 to date. This accounting ShDUld contain a full report of income into such accounts, as well as all expenditures or other transfers. Also, we will need a full accounting of the disPD5ition of any other property owned by Betha on July 18, 1997, including the delivery to me of all stock certificates or other incidents of ownership. You should take this request very seriously and wDrk expeditiously to comply with it. If I have not received a satisfactory response to this letter by March 30, 2000, I will recommend to Bertha Trout that she take immediate and more aggressive action. Sincerely, CC~~~nlll EXHIBIT "E" "" "'''I' ,,"- .,_ ,-<.,-,o.-.-_~"x__~,~,,, ~'--;~",-c" do'; -,",'--"E~~ ~__",c '"" ,-~>,__. ,.. .'''-- ~ ),,'_n,'~' ~ -','"_L''' ,-.'''-1-__1> ,- -- -, ",'-'- ' _"J,."o<:<,:",~, ",.,;<-)(:C""",,,, ': ,.;", -';':"<;;';;12 ,.', . DURABLE GENERAL POWER OF ATTORNEY r NOTICE THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY. YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THIS POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY. YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 PA. C. S. CH. 56. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND n s CONTENTS. March 22, 2001 ~....,.~ ~ BERTHA L. TROUT " " .. ' DURABLE GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, BERTHA L. TROUT, of 1100 Grandon Way. Mechanicsburg, Pennsylvania 17050, do by these presents make, constitute and appoint RHONDA S. IRWIN (hereinafter referred to as "my agent"), my true and lawful agent under a power of attorney, for me and in my name and on my behalf generally, to do and perform all matters and things, including, without limiting the generality of the foregoing, to transact all business, to make, execute, acknowledge, endorse and deliver all deeds of conveyance, certificates of stock, bonds, car titles, releases of lien or satisfaction of bonds and mortgages, contracts, orders, releases, checks, notes and endorsements, transfers and assignments of any such contracts, specifically including but in no way limited to the execution in my name of checks or orders of any nature for the withdrawal of funds standing to my credit in any type of account in any bank, building and loan association or other financial institution, and also to deposit in any accounts in my name in any such institutions any money, funds, checks or drafts, payable or belonging to me; to enter my safe deposit boxes in any and all banking institutions and to establish new safe deposit boxes and to add to and to remove any of the contents thereof; to borrow money and to mortgage, pledge or hypothecate any property, real or personal, now or hereafter owned by me as security therefore; to buy, sell possess, insure, manage, maintain, improve, lease, mortgage, pledge, encumber, convey and otherwise dispose of, or take any other action with respect to, any property, real or personal, now or hereafter owned by me, on such terms and conditions as my agent may consider appropriate, and in the event of sale of any of my real estate, to execute the sales agreement and the deed in my name and to make settlement and receive the proceeds; and to prepare, execute and file any tax returns, governmental reports and other instruments of whatever kind, and likewise to execute any and all writings, assurances, instruments or documents which may be requiSite or proper to effectuate any matter or thing appertaining or belonging to me. I hereby authorize my agent to contract with and arrange for my entrance to any hospital, nursing home, health center, convalescent home, residential care facility or similar institution, to authorize medical, therapeutic and surgical procedures for me and to pay all bills in connection therewith. GIVING AND GRANTING tmto my agent full authority and power to do and perform any and all other acts necessary or incident to the performance and execution of the powers herein expressly granted, with power to do and perform all acts authorized hereby as fully to all intents and purposes and with the same validity as I might or could so if personally present, hereby ratifying and confirming whatsoever all that my agent shall lawfully do or cause to be done by virtue hereof. AND, I hereby declare that any act or thing lawfully done hereunder by my agent shall be binding on myself and my heirs, legal and personal representatives and assigns. AND, if incapacity proceedings for my estate or person are hereafter commenced. I hereby nominate my agent to be appointed the guardian of my estate or person by any court ~ " _,,,_,...,,'r.. - . . , having jurisdiction in accordance with the provisions of Section 5604 (c ) (2) of the Probate, Estates and Fiduciaries Code. This Power of Attorney shall continue in force and may be accepted and relied upon by anyone or any entity to whom it is presented despite my purported revocation of it or my death, until actual written notice of any such event is received by such person or entity. In the event of my incapacity from whatever cause, this Power of Attorney shall not thereby be revoked but shall thereupon become irrevocable and may be accepted and relied upon by anyone or any entity to whom it is presented despite such incapacity, subject only to it becoming void and of no further effect only upon receipt by such person or entity either of (1) written evidence of the appointment of a guardian (or similar fiduciary) of my estate following adjudication of incapacity, or (2) written notice of my death. This Power of Attorney shall not be affected by my subsequent disability or incapacity. This power of attorney shall rescind and revoke any other powers of attorney previously made by me. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 22nd day of March, 2001. WITNESSED BY: 4.;:~L~g~b~ ~;;(: ~(SEAL) BERTHA L. TROUT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :55: On this, the 22nd day of March, 2001, before me, the undersigned officer, personally appeared BERTHA L. TROUT, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. ,? u~ ~V'l Notary Public NOTAIlIAL 8EAL -.e I.. CO'lU;NOTAIlY PUBUC BORO Of CAIIUILI, CUlllllRLAND COUNTY MY COlIn_10M IllPtREaoc:ro..... 17 :1002 ""-,. ~ - O"""'W _ 0" '_.< 'L _"' ~ >" "c_ '" "~".' j "..,., "'1-'- ',I' ~""":",'" "0 ',"",~__: -,--,. "~ ,,'~_"~, "'~ ""<"A'-'"j " . . . ACKNOWLEDGMENT BY AGENT I, RHONDA S. IRWIN, have read the attached Power of AttDmey executed by BERTHA L. TROUT and am the person identified as the Agent for the PRINCIPAL. I hereby ackn~wledge that in the absence of a specific provision to the contrary in the Power of Attorney or in 20 PA. C. S. when I act as Agent: I shall exercise the powers for the benefit of the PRINCIPAL. I shall keep the assets of the PRINCIPAL separate from my assets. I shall exercise reasonable caution and prudence. I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the PRINCIPAL. March 22, 2001 ~).~~ RHONDA S. IRWI COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: On this, the 22nd day of March, 2001, before me, the undersigned officer, personally appeared RHONDA S. IRWIN, known to me or satisfactorily proven to be the person whose name is subscribed to the within acknowledgment and acknowledged that she executed same for the purposes therein contained. WITNESS my hand and seal the day and year aforesaid. N...~;Xr NOrMIALIIA&, IONHII L COYIa, IIDfMY 'UIUC ~llI'CA.'",,~COUNrt COIIIIIIIION IllI'IIIEI OCToIIp 17 _ " D~.~oiilliHWBlJiljjIliJWll:ll~~~iiW.iilii1---''''''''''~li 11 "-'",,",<>,' ."..,~_,m '_',_,~,~~'^',,_,",'"'."'''''''' ~=~"c,_, .,,,, .'_'M' N~ - ~- '" -'<", " ~ <- -<<<~ .. .~~ -'" " o .~ "V,,; ~il~:.- ~'],,:' t.:. -~" .", ~~:' ,2" ~. ^~ ~-""" .~ (Jl ;i~ '\> "- C~) :::-r;: ':;;" .., ~''', < -_~.J 2 T "'1_ __I i .1 '-' '" '-'~=~'-, In The Court of Common Pleas of Cumberland County, Pennsylvania File No, 2001-02957 TROUT BERTHA L ET AL vs BINGAMAN EILEEN C ET AL STATEMENT OF INTENTION TO PROCEED To the Court: l' /IZ= Pt A"A/?I"r intends to proceed with the above captioned matter, - Date: 9//~/o4 A ttomey for -, ! ! -,I :~k_j>Ii>~iIii.'>[H'I@!~~;'!IL'Wj,11<!..IaiI~~~<;&'!<l'MEif-dC+ij"'i1 '1';"''''''''N,bi';"'--;",,iiljl';'\\",,-<o-*J:4.\~diliiJ;~_~~~Mlr.W~,.j~,< tM<lil!Qlli<'U: folil-~ ""'-I ~ ....., 0 '" = 0 "'~ = '. .".. \:" V) :J:l-~ ri~ " m 2~ " c, n1r0 -Qrn ~1 " , ::0 C) ~:tj en o"l, -n ~~ ~~~~ -, .... -7 1'0' ~- );; -< w -< -:D 0,) .< \l~ ""',