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HomeMy WebLinkAbout02-26-03 (3) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: APPOINTMENT OF A GUARDIAN OF THE ESTATE OF MILDRED J. GERBER, an alleged incapacitated person No. 21.01-92 HEARING MEMORANDUM INDEX Pages LAW MOTION BY MARILYN J. GERBER 1 PORTfONS OF LAW RE: APPOINTMENT OF GUARDIAN 1 - 3 WITNESSES FOR PETITIONER 4 - 6 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: APPOINTMENT OF A GUARDIAN OF THE ESTATE OF MILDRED J. GERBER, an alleged incapacitated person No. 21-01-92 HEARING MEMORANDUM - LAW I. Opposition to Motion for Continuance. etc. a. The requirement for twenty days notice applies only to alleged incapacitated person. 20 Pa. C.S.A. 95511 Marilyn J. Gerber received proper notice - Sheriff sent notice Certified Mail, Return Receipt Requested, when unable to serve personally. Reason for continuance - subpoena fifty witnesses - is absurd and bizarre. b. Expert will testify that the alleged incapacitated person needs a Guardian of the Estate Emergency Guardianship of the Estate expires February 24, which would leave the alleged incapacitated person without a Guardian. , c. Marilyn J. Gerber can petition for a review hearing under 20 Pa. C.S.A. 95512.2. d. Jacqueline M. Verney, Esquire, counsel for the alleged incapacitated person concurs with the Petitioner in opposing the Continuance. 1 V. VI. II. 20 Pa. C.S.A. ~5511 - Exhibit A a. b. Clear and convincing evidence Appointment of guardian Par. (a) Par. (f) III. 20 Pa. C.S.A. ~5512. 1 - Exhibit B a. Determination of incapacity Specific findings of fact (1) Nature of condition or disability (2) Extent of capacity to make and communicate decisions (3) Need for guardianship services - availability of family, friends, etc. (4) Plenary or limited guardian needed based on nature of condition or disability and capacity to make and communicate decisions (5) Duration of guardianship (6) Court shall prefer limited guardianship IV. 20 Pa. C.S.A. ~5518 - Exhibit C a. Evidence of incapacity (1) Nature and extent of alleged incapacities and disabilities (2) Mental, emotional and physical condition (3) Adaptive behavior and social skills (4) Type of assistance required and why no less restrictive alternatives would be appropriate (5) Probability that the person's incapacity may significantly lessen or change 20 Pa. C.S.A. ~5518.1 Exhibit D a. Testi~ony of capacity of alleged incapacitated person subject to cross exam by counsel for alleged incapacitated person 20 Pa. C.S.A. ~5516 -Guardian's Bonds Exhibit E 2 VII. Cumberland County Orphans' Court Rules a. Rule 14.2- 1 - except for cause shown, relatives of incompetent shall not be appointed as Guardians Rule 14.2-2 - statement required to be attached to Petition under c.C.O.C.R. 12.5-2 Rule 14.2-3 - proofs at Hearing Rule 14.3- 1 - proof of service of Notice and Petition b. c. d. e. Rule 12.5-2 - Statement of Guardian 3 Exhibit G /I II /I 11 II II Exhibit H COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: APPOINTMENT OF A GUARDIAN OF THE ESTATE OF MILDRED J. GERBER, an alleged incapacitated person No. 21-01-92 HEARING MEMORANDUM - WITNESSES FOR PETITIONER I. David Sabo. Ph.D. a. Qualification as expert witness b. Mildred J. Gerber, incapacitated by reason of infirmities of old age (86 years) c. Experiences fear caused by daughter, Marilyn d. Cannot resist pressures by Marilyn e. Wants to please Marilyn f. Likely to become victim of designing persons II Jennifer Conway - PNC Assistant Branch Manager, New Cumberland Branch, New Cumberland, PA a. Mildred's bank accounts at PNC Bank b. Marilyn's actions and demeanor towards Mildred c. Pressure on Mildred by Marilyn to withdraw monies from Mildred's PNC Bank accounts , d. Attempt by Marilyn to revoke Fred E. Gerber, II, as Mildred's Power of Attorney (Agent) e. Badgering of Mildred by Marilyn 4 III. Frederick E. Gerber. II a. MBNA credit card Balances prior to Marilyn's visit to Mildred's residence Charges and balances after visit b. PNC bank accounts Withdrawals by Marilyn and/or Mildred for Marilyn's benefit c. Charles Schwab brokerage account Attempt by Marilyn to revoke Petitioner as Trustee of Mildred's Living Trust, the assets of which are invested with Charles Schwab d. Personal property Removal of personal property from Mildred's home by Marilyn e. Susceptibility of Mildred to become a victim of designing persons and need for a Guardian of Mildred's Estate f. Judicial Notice Mildred J. Gerber, Plaintiff v. Marilyn Jo Gerber,Defendant No. 98-4120 Equity, Cumberland County , Commonwealth v. Marilyn Jo Gerber No. 98- 1438, Cumberland County g. Need for Guardian Previous measures unsuccessful 5 h. Qualifications of Petitioner to be Guardian of the Estate of Mildred Colonel in the United States Army Director of Health Care Services in the office of the U. S. Surgeon General Testified many times before Congressional Committees on health care matters Is Executor of his father's Will; Trustee of his father's Trust; named Executor in Mildred's Will; Trustee of Mildred's living Trust; named Agent in Mildred's Power of Attorney; named Agent in Mildred's Health Care Power of Attorney. I. In reo Sylvester 409 Pa. Super. 439 (1991) 20 Pa. C.S.A. ~5604(c)(2) provides that a principal executing a power of attorney may nominate the Guardian of his Estate and that the court "shall" appoint the person so nominated as Guardian of the Estate except for "good cause or disqualification." Copy of Mildred's Power of Attorney attached - Exhibit F 6 ~ 5511. Petition and hearing; indepnndent evaluation (a) Resident.-The court. upon petition and hearing and .upon the presentation of clear and convincing evidence, may find a person domiciled in the Commonwealth to be incapacitated and appoint a guardian or guardians of his person or estate. The petitioner may be any person interested in the alleged incapacitated person's welfare. The court may dismiss a proceeding where it determines that the proceeding has not been instituted to aid or benefit the alleged incapacitated person or that the petition is incomplete or fails to provide sufficient facts to proceed. Written notice of the petition and hearing shall be given in large type and in simple language to the alleged incapacitated person. The notice shall indicate the purpose and seriousness of the proceeding and the rights that can be lost as a result of the proceeding. It shall include the date. time and place of the hearing and an explanation of all rights, including the right to request the appointment of counsel and to have counsel appointed if the court deems it appropriate and the right to have such counsel paid for if it cannot be afforded. The Supreme Court shall establish a uniform citation for this purpose. A copy of the petition shall be attached. Personal service shall be made on the alleged incapacitated person. and the contents and terms of the petition shall be explained to the maximum extent possible in langnage and tenns the individual is most likely to understand. Service shall be no less than 20 days in advance of the hearing. In addition, notice of the petition and hearing shall be given in such manner as the court shall direct to all persons residing ,vithin the Commonwealth who are sui juris and would be entitled to share in the estate of the alleged incapacitated person if he died intestate at that time. to the person or institution providing residential services to the alleged incapacitated person and to such other parties as the court may direct. including other ser.-ice providers. The hearing may be closed to the public and without a jury unless the alleged incapacitated person or his counsel objects. The hearing shall be closed and with or without a jury if the person alleged to be incapacitated or his counsel so requests. The hearing may be held at the residence of the alleged incapacitated person. The alleged incapacitated person shall be present at the hearing unless: (1) the court is satisfied. upon the deposition or testimony of or sworn statement by a ph:-'sician or licensed psychologist. that his physical or meiU.al condition would be harmed by his presence; or (2) it is impossible for him to be present because of his absence from the Commonwealth. It shall not be necessary for the alleged incapacitated person to be represented by a guardian ad litem in the proceeding. Petitioner shall be required to notify the court at least seven days prior w the hearing if counsel has not been retained by or on behalf of the alleged incapacitated person. In appropriate cases, counsel shall be appointed to represent the :illeged incapacitated person in any matter for which counsel has not been retained by or on behalf of that individual. ~;< H \~I\ ~'\ i \ ~ -A - \ , ' (b) Nonresident.-The court may find a person not domiciled in the Commonwealth, having property in the ~ommonwealth, to be incapacitated and may appoint a guardian of his estate. The appomtment may be made after petition, hearing and notice, as in the case of a person domiciled in the Commonwealth, or upon the submission of an exemplified copy of a decree establishing his incapacity in another jurisdiction. The court shall give preference in its appointment to the foreign guardian of the nonresident incapacitated person, unless it fmds that such appointment will not be for the best interests of the incapacitated person. (c) Payment of certain costs.-If the alleged incapacitated person is unable to pav for counselor for the evaluation, the court shall order the county to pay these cos~. These costs shall be reimbursed by the Commonwealth in the following fiscal year. (d) Independent evaluation.-The court, upon its own motion or upon petition by the alleged incapacitated person for cause shown, shall order an independent evaluation which shall meet the requirements of section 5518 (relating to evidence of incapacity). The court shall give due consideration to ~he appointment of an evaluator nominated by the alleged incapacitated pe~on. (e) Petition contents.-The petition, which shall be in plain language. shall include the name, age, residence and post office address of the alleged incapacitated person, the names and addresses of the spouse. parents and presumptive adult heirs of the alleged incapacitated person,. the name and address of the person or institution providing residential services to the alleged incapacitated person, the names and addresses of other service providers, the name and address of the person or entity whom petitioner asks to be appointed guardian, an averment that the proposed guardian has no interest adverse to the alleged incapacitated person, the reasons why guardianship is sought. a description of the functional limitations and physical and mental condition of the alleged incapacitated person, the steps taken to find less restrictive alternatives. the specific areas of incapacity over which it is requested that the guardian be assigned powers and the qualifications of the proposed guardian. If a limited or plenary guardian of the estate is sought, the petition shall also include the gross value of the estate and net income from all sources to the extent known. . (0 Who may be appointed guardian.- The court may appoint as guardian any qualified individual, a corporate fiduciary, a nonprofit corporation. a guardianship support agency under Subchapter F (relating to guardianship support) or a county . agency. In t~e case of residents of State facilities, the court may also appoint. only as guardian of the estate, the guardian office at the appropriate State facility. The court shall not appoint a person or entity providing residential services for a fee to the incapacitated person or any other person whose interests conflict with those of the incapacitated person except where it is clearly demonstrated that no guardianship support agency or other alternative exists. Any family relationship to such individual shaH not, by itself. be consider.ed as an interest adverse to the alleged incapacitated person. If appropriate, the court shall give preference to a nominee of the incapacitated person. Amended 1992. Apri116, P.L. 108, No. 24, g 8, effective in 60 days. .x " f\ - ) ~ 5512.1. Determination of incapacity and appointment of guardian (a) Determination of incapacity.-In all cases, the court shall consider and make specific findings of fact concerning: (1) The nature of any condition or disability which impairs the individual's capacity to make and communicate decisions. (2) The extent of the individual's capacity to make and communicate decisions. (3) The need for guardianship sen;ces, if any, in light of such factors as the availability of family, friends and other supports to assist the individual in making decisions and in light of the existence, if any, of advance directives such as durable powers of attorney or tnlsts. . (4) The type of guardian. limited or plenary, of the person or estate needed based on the nature of any condition or disability and the capacity to make and communicate decisions. (5) The duration of the guardianship. (6) The court shall prefer limited guardianship. . (b) Limited guardian of the person.-Upon a fmding that the person is partially incapacitated and in need of guardianship services, the court shall enter an order appointing a limited guardian of the person with powers consistent with the court's findings of limitations, which may include: (1) General care, maintenance and custody of the incapacitated person. (2) Designating the place for the incapacitated person to live. (3) Assuring that the incapacitated person receives such training, education. medi- cal and psychological services and social and vocational opportunities. as appropriate. as well as assisting the incapacitated person in the development of maximum self- reliance and independence. (4) Providing required consents or approvals on behalf of the incapacitated person. (c> Plenary guardian of the person.- The court may appoint a plenary guardian of the person only upon a fmding that the person is totally incapacitated and in need of plenary guardianship services. (d) Limited guardian of the estate.-Upon a finding that the person is partially incapaCitated and in need of guardianship services. the court shall enter an order appointing a limited guardian of the estate with powers consistent with the court's finding of limitations. which shall specify the portion of assets or income over which the guardian of the estate is assigned powers and duties. ), I, t..j(HiBiT 3 B- \ (e) Plenary guardian of the estate.-A court may appoint a plenary guardian of the es~te only upon a finding that the person is totally incapacitated and in need of plenary guardianship services. (0 No presumption.-No presumption of incapacity shall be raised from the alleged incapaci~ted person!s institutionalization. (g) Legal rights retained.-Except in those areas designated by court order as areas over which the limited guardian has power, a partially incapaciUlted person shall retain all legal rights. (h) Information as to rights.-At the conclusion of a proceeding in which the person has been adjudicated incapaciUlted~ the court shall assure that the person is informed of his right to appeal and to petition to modify or terminate the guardianship. 1992. April 16, P.L. 108, ~o. 24, ~ 9, effective in 60 days. " B--1. ~ 5518. Evidence of incapacity To establish incapacity, the petitioner must present testimony, in person or by deposition from individuals qualified by training and experience in evaluating individuals with incapacities of the type alleged by the petitioner, which establishes the nature and extent of the alleged incapacities and disabilities and the person's mental. emotional and physical condition, adaptive behavior and social skills. The petition must also present evidence regarding the services being utilized to meet essential requirements for the alleged incapacitated person's physical health and safety, to manage- the person's financial resources or to develop or regain the person's abilities; evidence regarding the types of assistance required by the person and as to why no less restrictive alternatives \vould be appropriate; and evidence regarding the probability that the extent of the person! s incapacities may significantly lessen or change. Amended 1992, April 16, P.L. 108, No. 24, g 10, effective in 60 days. t:::.l \i \Q:, \ '\ c:. ~ 5518.1. Cross-examination of witnesses Testimony as to the capacity of the alleged incapacitated person shall be subject to cross-examination by counsel for the alleged incapacitated person. 1992, April 16, P.L. 108, No. 24, g 11. effective in 60 days. \\ \\ .-.--D ~J\--\\~\\ ~ 5516. Fiduciary estate The court. in its discretion, upon the application of any party in interest, in addition to any bond required for the incapacitated person's individual estate, may require a separate bond in the name of the Commonwealth, with sufficient surety, in such amount as the court shall consider necessary for the protection of the parties in interest in an estate of which the incapacitated person is serving in the capacity as a fiduciary and conditioned in the following fonn.:. (1) When one guardian.- The condition of this obligation is that, if the said guardian shall well and trnly account for property held by the incapacitated person as fiduciary according to law, this obligation shall be void; but otherwise it shall remain in force. (2) When two or more guardians.-The condition of this obligation is that, if the said guardians or any of them shall well and trnly account for property held by the incapacitated person as fiduciary according to law, this obligation shall be void as to the guardian or guardians who shall so account; but otherwise it shall remain in force. Amended 1992, April 16, P.L. 108, No. 24, 9 10, effective in 60 days. t>iHIGn E DURABLE POWER OF ATTORNEY 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 INCAP ACIT A TED, UNLESS YOU EXPRESSL Y LIMIT THE DURATION OF THESE 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 A WAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF ANY AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 Pa. C.S. Ch. 56. IF THERE IS ANYTHING ABOUT THIS FORM THA T YOU DOD 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 ITS CONTENTS. l1~/ltu?1li4-i(Aj P CIP AL -() pq I Cf 'Y:Zi a/I 7- {/tJ I DA"bE I, MILDRED J. GERBER of 623 Hilltop Drive, New Cumberland. CLUnberland County, Pennsylvania hereby appoint my son, Frederick E. Gerber, II, (hereinafter referred to as "agent") my agent for me and in my name and place. I direct my agent to transact all my business and to manage all my property and affairs as completely as I myself might do if personally present, including but not limited to, exercising the following powers. 1. EXECUTION OF CONTRACTS. To enter into. perform. modify, extend, cancel, compromise, enforce, or otherwise act with respect to any contract of any sort whatsoever tl {( ~:;.( H J0r1' F ;-- .. .. -\ including but not limited to, leases and mortgages; and to pay any money or to transfer title and possession to any real or personal property that may be required to be paid or transferred by any contract or in the performance of any obligation entered into or incurred by me or on my behalf. 2. INVESTMENTS. To invest in all forms of real and personal property without any restriction whatsoever as to the kind of investments, including, but not limited to, United States Treasury Bonds which are redeemable at par in payment of federal estate taxes. 3. REGISTRATION OF PROPERTY. the name of a nominee. To hold property unregistered or In 4. PERSONAL PROPERTY. To buy or sell at public or private sale for cash or credit or partly for each, exchange, pledge, lease, give or acquire options for sales or exchanges or leases, or by any other means whatsoever to acquire, dispose of, repair. alter or manage tangible or intangible personal property or any in.t~rest therein; and, without limitation, with respect to any securities, to comply with any securities laws or regulations, to execute indemnity agreements, to purchase insurance and to pay commissions or discounts required by any underwriting. 5. REAL PROPERTY. To buy or sell at public or private sale for cash or credit or partly for each, exchange, mortgage, encumber, lease for any period of time. give or acquire options for sales, purchases, exchanges or leases, dedicate, or by any other means whatsoever; to acquire or dispose of real property or any interest therein; to partition and subdivide real property; to manage real property; to repair, alter, erect, or tear down any structure of part thereof: and to file such plans, applications, or other documents in connection therewith and do such other acts as may be requested by any government or other authority having or purporting to have jurisdiction. 6. SECURITIES. To vote in person or by proxy at ;my meeting. to join in any merger. reorganization, voting-trust plan or other concerted action of security holders, to make payments in connection therewith, and in general to exercise all rights of a s~curity holder. 7. INSURANCE. To procure, alter, extend or cancel insurance against any and all risks affecting property and persons, and against liability, damage or claim of ;my sort. 8. LOANS. To borrow money in such amounts for such periods and upon such terms as my attorney shall deem proper and to secure any loan by the mortgage or pledge of any property, and I specifically autl).orize my attorney to borrow money and pledge property as collateral for the purpose of purchasing United States Treasury Bonds which are redeemable at par in payment of federal estate taxes. 9. BANK ACCOUNTS. To sign checks, drafts and other instruments or otherwise make withdrawals from any checking, savings, transaction or other deposit account in my name, and to endorse checks payable to me and receive the proceeds thereof in cash or otherwise; to open and close checking, savings, transaction or other deposit accounts in my name: to purchase and redeem savings certificates, certificates of deposit or similar instruments in my name: to execute and deliver receipts for any funds withdrawn or savings certificate. certiticate of deposit or similar instrument which I now have or may hereafter acquire, the same as I could do if personally present. Any financial institution may continue to rely on this power of attorney until it receives written notice from me that this power of attorney is revoked or actual notice of my death and shall be indemnified and or loss, including lawyers' fees, costs of suit and claims of third parties, which might incur by relying on this power after termination or revocation but before it receives such notice, or at any time because of wrongful acts, omissions or representations of my attorney with respect to transactions covered by this power of attorney. My agent shall be subject to whatever bank rules and regulations I would be subject to. 10. INDIVIDUAL RETIREMENT ACCOUNT. To request and receive distributions from any of my Individual Retirement Accounts; to give instructions for the purchase and sale of securities in those accounts; to execute on my behalf any powers of attorney or other instruments needed for those purposes; and to endorse notes, checks, drafts and bills of exchange, and to make contributions to those accounts. 11. SAFE DEPOSIT BOXES. To have access to and control over the contents of any safe deposit box rented by me, to rent safe deposit boxes in my name, to close out and execute safe deposit boxes in my name, to close out and execute and deliver receipts for safe deposit boxes in my name, and to do all acts regarding any safe deposit boxes in my name, which I now have or may hereafter acquire, the same as I could do if personally present; provided that my agent shall not deposit or keep in any such safe deposit box any property in which my agent has a personal interest. Any financial institution may continue to rely on this power of anomey until it receives written notice from me that this power of attorney is revoked or actual notice of my death and shall be indemnified and held harmless by me and my estate, personal representatives and heirs against any liability or loss, including lawyers' fees, costs of suit and claims or third parties. which it might incur by relying on this power after termination or revocation but before it receives such notice, or at any time because of wrongful acts, omissions or representations of my agent with respect to transactions covered by this power of attorney. My agent shall be subject to whatever bank rules and regulations I would be subject. 12. RECEIPTS AND APPROVAL OF ACCOUNTS. To receive a payment of any . kind, including a bequest, devise, gift or other transfer of real or personal property to me in my own right or as a fiduciary for another, and to give full receipt and acquinance therefor. or a refunding bond therefor, to approve accounts of any business, estate, trust, partnership or other transaction whatsoever in which I may have any interest of any nature whatsoever. and to enter into any compromise and release in regard thereto. 13. COMPROMISE AND ARBITRATION OF CLAIMS. To compromise or arbitrate any claim in which I may be in any manner interested, and for that purpose to enter into agreements to compromise or arbitrate, and either through counselor otherwise to carry on such compromises or arbitration and perform or enforce any award entered in arbitration. 14. INSTITUTION AND DEFENSE OF CLAIMS. To institute. prosecute, defend, compromise, or otherwise dispose of, and to appear for me in. any proceedings at law or in equity or otherwise before any tribunal for the enforcement or for the defense of any claim, either alone or in conjunction with other persons, relating to me or to any property of mine or any other person (including the authority to sue if this power of attorney is not honored), and to retain, r:2, discharge and substitute counsel and authorize appearance of such counsel to be entered for me in any such action of proceedings. 15. TAXES. To prepare, execute and file in my name and on my behalf any return, report, protest, application for correction of assessed valuation of real or other property, appeal, brief, claim for refund, or petition, including petition to the United States Tax Court, in connection with any tax imposed or purported to be imposed by any government, authority or agency, or claimed, levied or assessed by any government, authority or agency and to pay any such tax and to obtain any extension of time for any of the foregoing; to execute waivers of restrictions on the assessment and collection of deficiency in any tax; to execute closing agreements and all other documents, instruments and papers relating to any tax liability of mine of any sort; to institute and carry on either through counselor otherwise any proceeding in connection with contesting any such tax or to recover any tax paid, or to resist any claim for additional tax or any proposed assessment or levy thereof, and to enter into any agreements of stipulations for compromise of other adjustment or disposition of any tax. 16. DISCLAIMER. To execute, deliver and file or record disclaimers of any part or all of any property, power or interest passing to or for me under any will. deed of trust or otherwise. 17. EMPLOYMENT OF OTHERS. To employ accountants. attorneys-at-law, investment counsel, custodians, agents, servants, and others. and to delegate to them, to remove them, and to pay them such remuneration as my attorney shall deem proper. 18. REVOCABLE TRUST TO BE CREATED. To execute any revocable deed of trust on my behalf under the terms of which (i) my agent or anyone or more other persons or corporations with fiduciary powers selected by my agent is named as the trustee or trustees, (ii) during my lifetime the entire net income and as much principal as 1. my agent or my trustee thinks is desirable shall be paid to me or for my benefit (including those I am legally obligated to support), and (iii) upon my death the principal and any undistributed income shall be payable to the executor or administrator of my estate; and to transfer property to the trustee or trustees thereunder. 19. REVOCABLE TRUSTS PREVIOUSLY CREATE D. To add any property to any revocable deed or trust executed by me for my benetit even through the trust may not be payable upon my death to my estate and to revoke in whole or in part any such trust. 20. GUARDIAN 'OF THE PERSON AND ESTATE. For the purpose of recording my wishes in convenient place, I record here that if it is necessary to appoint a guardian of my person or a guardian of my estate it is my desire that my agent be appointed. 21. GIFTS. To make gifts which do not exceed mv annual federal gift tax exclusion or other tax exempt gift. 22. GENERAL. To do all things which my agent shall deem proper in order to carry out any of the foregoing enumerated powers, which shall be construed in the broadest possible manner. In no event shall my agent take any action concerning a policy of insurance on my agent's r- - '-1 life. The descriptive headings of this general power of attorney are inserted for convenience only and shall not be deemed to affect the meaning or construction of any of the provisions hereof or to limit in any way the construction thereof in the broadest possible manner. 23. SUBSTITUTION. My agent shall have the full power of substitution and revocation, and such substitution or revocation may relate to, or be limited to, anyone or more or all foregoing acts or powers, or be limited as to time or in such other respect as my agent shall deem proper. 24. RA TIFICA TION. I hereby ratify and confirm all that my agent or the substitute or substitutes therefor shall lawfully do or cause to be done by virtue hereof. 25. RELIANCE BY OTHERS. This power of attorney shall continue in force and may be accepted and relied upon by anyone to whom it is presented despite my purported revocation of this power, the age of this power, the issuance of a court decree declaring my incompetency or my death, until written notice of such event is received by such person. 26. EFFECT OF MY DISABILITY. This power of attorney shall not be affected by my disability or incapacity and shall specifically continue after such disability and incapacity. 27. GOVERNING LAW. This power of attorney shall be governed by and interpreted in accordance with Pennsylvania law. Dated i Cl (Ja'UUL'I..(f ,2001. '(/ 1/ 1. Witnesses: Jc<-""'" ?J~~Y-0L rL li/t-Lv MILDRED J. GE~ER L'L-C' address:K~~---..., j' / 7/~-<- .-- "Y.J . 4'1 -. IJ tLtLLv- ~(~~ J address: AI/G. ,'(~" 5~7~.0 Q !7c)(' 7 / J COMMONWEAL TH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND : . On this i1 d day of ~~ ' 200 I, before me the undersigned officer, personally appeared Mildred J. erber, kno to me (or satIstactory proven) to be the person whose name is subscribed to the foregoing instrument, and acknO\vledged that she executed it for the purpose therein contained. Witness my hand and official seal the day and year aforesaid. '-1{t*t~dJ N tary Public NOTAR'ALSEAL KATHlEEN K. SHAUlIS, Notat~ PUblic Carlisle Bora. Cumberland COunty My Commission Expires Dec. 22. 2003 r=--~ STATEMENT OF GUARDIAN Rule 12.5-2. The petition shall have attached thereto, in addition to consent of the guardian, a statement of the guard- ian with respect to the following matters: (1) that the proposed guardian, if an individual, is a citizen of the United States of America, and is able to speak, read and write the English language; (2) if the proposed guardian is an individual and if the proposed guardian. and the minor reside in the same household, that it is not the intention of the guardian to apply for an allowance for the support or education of the minor during minority; (3) that the proposed guardian is not the Fiduciary or an officer or employee of a corporate Fiduciary of an estate in which the minor has an interest nor the surety or an officer or an employee of the corporate surety of such a Fiduciary, and that the proposed guardian has no interest adverse to the minor. Note: See PEF Code ~~5111 to 5113, inclusive. Adopted May 15, 1990, effective July 1, 1990. . . E-x 1+ l 0 i"j IJ }/' "