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HomeMy WebLinkAbout08-3894Duncan & Hartman, P.C. William A. Duncan, Esquire I Irvine Row, Carlisle, Pennsylvania 17013 717-249-7780 717-249-7800 FAX Attorney ID 22080 JAMES N. TANNER, JR., EXECUTOR OF: THE ESTATE OF JAMES N. TANNER : IN THE COURT OF COMMON PLEAS OF and JAMES N. TANNER, JR., individually : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : VS. _ 3?y eluz . ? deer` SOVEREIGN BANK : CIVIL ACTION Defendant NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 Duncan & Hartman, P.C. William A. Duncan, Esquire 1 Irvine Row, Carlisle, Pennsylvania 17013 717-249-7780 717-249-7800 FAX Attorney ID 22080 JAMES N. TANNER, JR., EXECUTOR OF: THE ESTATE OF JAMES N. TANNER and JAMES N. TANNER, JR., individually Plaintiffs VS. SOVEREIGN BANK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 71, CIVIL ACTION COMPLAINT AND NOW, COME the Plaintiffs, James N. Tanner, Jr., Executor of The Estate of James N. Tanner and James N. Tanner, Jr., individually, by and through William A. Duncan, Esquire and do file the within Action for Declaratory Judgment pursuant to the Declaratory Judgments Act, 42 Pa.C.S.A. section 7531 et seq., and Pa. R.C.P. 1601 et seq. against Defendant, Sovereign Bank: 1. Plaintiff James N. Tanner, Jr. is a sui juris adut individual having an address of 1145 Redwood Drive, Carlisle, Cumberland County, Pennsylvania. 2. James N. Tanner Jr. is the Executor of the Estate of James N. Tanner, his father, late of 1404 Viewmore Drive, Carlisle, Pennsylvania, by virtue of Letters issued August 14, 2007 by the Register of Wills of Cumberland County, Pennsylvania, Estate No. 21-07-0765. James N. Tanner died September 19, 2006. 3. The Defendant is Sovereign Bank, a duly organized and existing Banking Corporation with a registered office at 601 Penn Street, Reading, Pennsylvania 19601. 4. James N. Tanner executed a durable General Power of Attorney on December 5, 1995, naming his wife, Winifred, as Attorney in Fact and his son, James N. Tanner, Jr. as Alternate. A copy of the General Power of Attorney is attached hereto, incorporated herein by reference and marked Exhibit "A". 5. Winifred M. Tanner suffers from Alzheimer's Disease and has been a resident of Claremont Nursing & Rehabilitation Center since July, 2003. 6. James N. Tanner, Jr. is Attorney in Fact for his mother, Winifred M. Tanner by virtue of a Power of Attorney dated December 5, 1995, attached hereto and marked Exhibit "B" . 7. James N. Tanner executed a Waypoint Bank Power of Attorney naming his son, James N. Tanner, Jr. as his agent on August 27, 2003. A copy of the Waypoint Bank Power of Attorney is attached hereto, incorporated herein by reference and marked Exhibit "C". 8. James N. Tanner owned a Wapoint Bank IRA Account#1300050920 which at the time of his death was valued at $121,716.38. A copy of date of death balances for accounts held by Sovereign Bank at the date of the death of James N. Tanner is attached hereto, incorporated herein by reference and marked Exhibit "D". 9. On September 4, 2003, James N. Tanner and James N. Tanner, Jr. went to the Waypoint Bank branch located at Pennrose Plaza, Carlisle, Pennsylvania and met with Theresa Kline, the branch manager. 10. On September 4, 2003, Winifred M. Tanner was a resident of Claremont Nursing & Rehabilitation Center. 11. As a part the his Estate planning strategy, James N. Tanner directed James N. Tanner, Jr. to change the designation of beneficiary on IRA Account 1300050920 to his son, James N. Tanner, Jr. A Copy of the Change of Beneficiary Form is attached hereto, incorporated herein by reference and marked Exhibit "E". 12. Both James N. Tanner and James N. Tanner, Jr. relied on Waypoint Bank and believed that the change of beneficiary request had been accepted by the Waypoint Bank and the change accomplished, not having been given any information to the contrary. 13. Sovereign Bank is the successor by merger to Waypoint Bank. 14. After the death of James N. Tanner, James N. Tanner, Jr. contacted the Sovereign Bank branch in Carlisle, Pennsylvania to redeem the IRA Account 1300050920 as beneficiary. The bank refused to honor his request. 15. Further conversations with the General Counsel of Sovereign Bank revealed that the bank would not surrender the IRA to James N. Tanner, Jr. without the benefit of a. Court Order. 16. This is an action for declaratory judgment pursuant to 42 Pa. C.S. section 7531 et seq. for the purpose of determining a question of actual controversy between the parties as set forth hereinbefore. 17. Jurisdiction of this action is based on the Court's power to render help by a judicial declaration of the respective rights and liabilities of the parties. 18. Barbara Ann Simmons, daughter of James N. Tanner and Winifred M. Tanner and the only other remaining heir of Winifred M. Tanner, consents to the requested disposition of IRA Account 130050920, a copy of said consent is attached hereto, incorporated by reference and attached hereto as Exhibit "F" WHEREFORE, Plaintiffs pray this Honorable Court enter a decree Ordering Sovereign Bank to distribute the funds held in IRA Account 1300050920 to the James N. Tanner, Jr. as named beneficiary. I William A. Duncan, Esquire Attorney for Defendant 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249-7780 VERIFICATION The undersigned, having read the attached Complaint, hereby verifies that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S.section 4904 pertaining to unsworn falsification to authorities. Dated: (42A(va DURABLE GENERAL POWER OF ATTORNEY Know all men by these presents, which are intended to constitute a DURABLE GENERAL POWER OF ATTORNEY: That I JAMES N. TANNER, of 1404 Viewmore Drive, Carlisle, County of Cumberland, Commonwealth of Pennsylvania do hereby appoint my wife, WINIFRED M. TANNER, my Attorney-in-Fact to act, as my true and lawful Attorney-in-Fact, for me and in my name, place and stead. If for any reason whatsoever that, WINIFRED M. TANNER is unable to act, as my true and lawful Attorney-in-Fact, for me and in my name, place and stead I hereby appoint my son, JAMES N. TANNER, JR., my Attorney-in-Fact to act, as my true and lawful Attorney-in-Fact, for me and in my name, place and stead: (A) Power with respect to Bank Accounts. To establish accounts of all kinds for me with financial institutions of any kind; to modify, terminate, make deposits to and write checks on and endorse for or make withdraws from all accounts in my name or with respect to which I am un- authorized signatory; to negotiate, endorse or transfer any checks or other instruments with respect to any such accounts; and to contract for any services rendered by any financial institution. (B) Power to Sell and Buv. To sell and buy personal, intangible or mixed property, upon such terms and conditions as may seem appropriate; to use any credit card held in my name to make such purchases and to sign such charge slips as may be necessary to use such credit cards; and to repay from any funds belonging to me and any money borrowed and to pay for any purchases made or cash advanced using credit cards issued. to me. (C) Power with Respect to Safe-Deposit Boxes. To contract with any institution for the maintenance of a safe-deposit box in my name; to have access to all safe deposit boxes in my name or with respect to which I am an authorized signatory; to add to and remove from the contents of any such safe-deposit box and to terminate any and all contracts for such boxes. (D) Power to Exercise Rights in Securities. To exercise all rights with respect to securities that I now own, or may hereafter acquire; and to establish, utilize and terminate brokerage accounts. (E) Power to Borrow Money (including any insurance policy loans). To borrow money for my account upon such terms and conditions as may seem appropriate and to secure borrowing by the granting of security interests in any ,such property or interest in property which I may now or hereafter own; to borrow money on any life insurance policies owned by me upon my life for any purposes and to grant a security interest in such policy to secure any such loans; and no insurance company shall be under any obligation whatsoever to determine the need for such loan or the application of the proceeds therefrom. (F) Power with Respect to Taxes. To prepare, sign and file Federal, state and/or local income, gift, property or other tax returns, claims. Etc. (G) Power to Demand and Receive. To demand, arbitrate, settle, sue for, collect, receive, deposit, expand for my benefit, reinvest or make such other appropriate dispositions of, as my Agent deems appropriate, all cash rights to payments of cash, property (personal, intangible and/or mixed), rights and/or benefits to which I an now or may in the future become entitled, regardless of the identity of the individual of the individual or public or private entity involved (and for the purposes of receiving Social Security benefits, my Agent is herewith appointed my "Representative Payee"); to utilize all lawful means and methods for such purposes. (H) Power with respect to Medical Care. To make decisions regarding my medical care by accepting, refusing and/or making decisions about treatment and hospitalization. I further give and grant to my said Attorney-in-Fact full power and authority to do and perform every act necessary to be done in the exercise of any of the foregoing powers as fully as I might or could do if personally present, with full power of substitution and revocation, herby ratifying and confirming all that my said Attorney-in--Fact shall lawfully do, or cause to be done by virtue hereof. This instrument may not be changed orally. This power of attorney is durable and shall not be affected by the subsequent disability or incompetence of the principal. TO INDUCE ANY THIRD PARTY TO ACT HEREUNDER, I HEREBY AGREE THAT ANY THIRD PARTY RECEIVING A DULY EXECUTED COPY OR FASCISM OF THIS INSTRUMENT MAY ACT HEREUNDER, AND THAT REVOCATION OR TERMINATION HEREOF SHALL BE INEFFECTIVE AS TO SUCH THIRD PARTY UNLESS AND UNTIL ACTUAL NOTICE OR KNOWLEDGE OF SUCH REVOCATION OF TERMINATION SHALL HAVE BEEN RECEIVED BY SUCH THIRD PARTY AND I FOR MYSELF AND FOR MY HEIRS, EXECUTORS, LEGAL REPRESENTATIVES AND ASSIGNS, HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS ANY SUCH THIRD PARTY FROM AND AGAINST ANY AND ALL CLAIMS THAT MAY ARISE AGAINST SUCH THIRD PARTY BY REASON OF SUCH THIRD PARTY HAVING RELIED ON THE PROVISIONS OF THIS INSTRUMENT. In witness whereof, I have hereunto signed my name this 5 day of December, 1995. 66 jk-?? JAMES N. TANNER Specimen Signature of Attorney-in-Fact Witness Witness(_ 4- v *************************************************************** CERTIFICATE OF NOTARY STATE OF PENNSYLVANIA: COUNTY OF CUMBERLAND On the.SY-k day of December, 1995, before me personally came JAMES N. TANNER whose identity is well known to me and known to me to be the individual described in and who executed the foregoing instrument, and he acknowledged to me that he executed same. Notary Public }? hF cx:. -. at 8,"rYES3L'3::?'3$[891C°n`$' A DURABLE POWER OF ATTORNEY FOR HEALTH CARE To my family, relatives, my friends, my physicians, health care providers, community care facilities, and any other person who may have an interest or duty: I, WINIFRED M. TANNER, of 1404 Viewmore Drive, Carlisle, Cumberland County, Pennsylvania, being of sound mind, freely, willfully, and voluntarily herby appoint my husband, JAMES N. TANNER, as my attorney-in-fact to make health care decisions in my stead and behalf. He is not a treating health care provider nor an employee of such, nor is he an operator of a community health care facility which is treating me, or an employee of such, nor is he conservator of my person or estate; and I hereby request that he never be appointed such a conservator. In the event that JAMES N. TANNER is unable or unwilling to serve as my attorney-in-fact for the purpose of making health care decisions for me, I designate my son, JAMES N. TANNER, JR., of Cumberland County, Pennsylvania, to serve as my attorney-in-fact. At any time that I should for any reason be unable to make such decisions for myself, I hereby authorize JAMES N. TANNER, my attorney-in-fact, to make any decisions I otherwise could make involving consent, refusal of consent, or withdraw of consent to any care, treatment, service, or procedure to maintain, diagnose, or treat me for any physical or mental condition whatever, except for commitment to or placement in a mental health treatment, convulsive treatment or psychosurgery facility. This power of attorney is durable and shall not be affected by my subsequent disability or incapacity. It shall have no effect if I revoke it by giving notice of such revocation either orally or in writing. This document revokes any prior Durable Power of Attorney for Health Care. **********************DEMANDS************************************ 1. If I am in a coma, which my doctors have reasonably concluded is irreversible, I demand that life-sustaining or prolonging treatments or procedures NOT be used. 2. If I have an incurable or terminal condition or illness and no reasonable hope of long term recovery or survival, I demand that life sustaining or prolonging treatments NOT be used. 3. When deciding any questions under this document, my attorney-in-fact is to consider the relief of suffering, the preservation or restoration of functioning, and the quality as well the possible extension of my life. 4. When deciding any questions relative to life sustaining or prolonging treatments my attorney-in-fact is to include cardiac resuscitation; medical respiration; tube feeding or any other artificial or invasive form of nutrition (food) or hydration (water); blood or blood products; any form of surgery or invasive diagnostic tests; kidney dialysis and antibiotics. Signe Date WITNESS SIGNATURES Under penalty of perjury under the laws of the Commonwealth of Pennsylvania, I hereby declare that the principal who signed or acknowledged this Durable Power of Attorney for Health Care Decisions in my presence is known to me personally; that she appears to be of sound mind and to be under no duress, fraud, or undue influence; that I am not the person designated as attorney-in-fact by this document; that I am not a health care provider, an employee of a health care provider, the operator of a community care facility, nor an employee of a community care facility. I am not related to the principal; by blood, marriage, or adoption; and to the best of my knowledge, I am not entitled to any part of the estate of the principal upon her death either under a will now existing, by a revocable living trust now existing, nor by operation of law. J? S -q S? Wi 7 One Date Witneq Two Date Sworn to and subscribed before me this`,' day of December, 1995. /Q?-?°?- My commission expires: Notary Public NOTARIAL SEAL 1ELDA K ;CEASE, Notary Public Ship"nsburg ions, Cumberiand County, Pa. My Commission Expires April 16,1998 Customer Name Account # ALL Waypoint Bank Power of Attorney (Account Specific) This is not a General 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 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 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 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 ITS CONTENTS. JAMES N TANNER Principal Date I, JAMES N TANNER (Principal), hereby constitute and appoint JAMES N TANNER JR as my Agent to deposit or withdraw funds held in Account #s ALL at Waypoint Bank. Grantor of Power: You must indicate below whether or not this power of attorney will be effective if you become incompetent. Make a check or "X" on the line in front of the statement below that expresses your intent. This is a durable power of attorney and it shall continue to be effective if I become incompetent. It shall not be affected by my later disability or incompetency. This power of attorney shall not be effective if I become incompetent. The parties signing below agree to the terms and conditions contained on pages 1 and 2 of this agreement. The undersigned agree to the terms and conditions contained on pages 1 and 2 of this agreement. Signature of Princip e "L Date k 3 ® 2 Signature of Agent Date JAMES N TANNER 08/26/2003 Signed in the presenceLof ( aypoint Bank employee Revised 0112001 Terms and Conditions of this Power of Attorney 1. The power so granted shall continue as between the Principal and Agent of the power until the earlier to happen of the following: (a) revocation by the Principal of the power, (b) termination of the account(s) over which the Agent has power of attorney, (c) death of the Principal granting the power, or (d) appointment of a guardian of the estate of the Principal granting the power. The power of attorney will also terminate if the Principal has indicated on page 1 of this document an intent that the power terminate if the Principal becomes incompetent or disabled. 2. Waypoint Bank may rely upon the validity of the Power of Attorney and shall be held harmless from doing so, until written notice is received by Waypoint Bank as to any of the events terminating the power. Agent must notify Waypoint Bank of any information that he/she has that would cause the power to terminate (such as death of the Principal) as soon as possible after learning that information. 3. The Agent acting hereunder shall maintain such books or records as will permit an accounting of the acts of the Agent, if an accounting is requested by a legal representative of the Principal. 4. The Agent shall be liable for any disbursement other than a disbursement to or for the benefit of the Principal, unless the Principal shall have authorized a disbursement in writing. 5. Any power of attorney, not signed in the presence of an authorized person at Waypoint Bank, may be rejected by Waypoint Bank until the Principal shall have satisfied Waypoint Bank of the validity of the power. Agent's Acknowledgment I, -JAMES N TANNER JR (Agent), have read the attached power of attorney and am the person identified as the agent for the Principal. I hereby acknowledge 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 ecord of all a 'on , rece is and disbur emen on behalf f the Principal. Date Notary Seal Notary Signature Revocation Do not use this part of the form unless there is an intent to revoke (cancel) the Power of Attorney granted on page 1. Revocation: I hereby revoke (cancel) the herein Power of Attorney as of (date) Revised 01/2001 Signed (Principal) Principal signed the revocatio ' the presence of an authorized representative Waypoint Bank. Note: Waypoint Bank should file this document with the signature card of the person granting the power. Principal and Agent may each want a copy of this document. Revised 01/2001 Sovereign Bank ESTATE OF SOCIAL SECURITY #: 256-24-9527 DATE OF DEATH: September 19, 2006 Account #: 2891033728 Type: Checking Open date: 8/8/1991 In the name of: James N. Tanner or Winifred M. Tanner Date of Death Balance: $50,269.70 Int.(YTD) from 1/1/2006 to 9/7/2006 $492.50 Accrued interest to date of death: $31.27 Other Info: Closed 8/21/07 Account #: 2895425615 Type: CD In the name of. James N. Tanner or Winifred M. Tanner Date of Death Balance: $54,180.42 Int.(YTD) from 1 /l /2006 to 8/31/2006 Accrued interest to date of death: $102.42 Other Info: Closed 8/21/07 Account #: 3388042479 Type: IRA Open date: 10/12/2007 In the name of: James N. Tanner Date of Death Balance: $121,716.38 Int.(YTD) from 1/1/2007 to 8/31/2007 $3,417.03 Accrued interest to date of death: $312.54 Other Info: Beneficiary: Winifred Tanner (spouse) Page 1 of 1 James N. Tanner Amended 2/14/08 Open date: 1 /21 /2003 $1,753.04 Traditional IRA Designation or Change of Beneficiary Form IRA OWNER INFORMATION James N Tanner 1404 Viewmore Dr Carlisle PA 17013-9191 IRA ACCC 1300050920 256-24-9527 AND (Custodian's/Trustee's name, address, and phone number above) - DATE OF 01/12/1926 DESIGNATION OF BENEFICIARY (See Additional information included with this form.) ,JV At the time of my death, the primary beneficiaries named below will receive my IRA assets. If all of my primary beneficiaries die before me, the 146; contingent beneficiaries named below will receive my IRA assets. In the event a beneficiary dies before me, such beneficiary's share will be -- reallocated on a pro-rata basis to the other beneficiaries which share the deceased beneficiary's classification as a primary or contingent beneficiary. If all of the beneficiaries die before me, my IRA assets will be paid to my estate. If no percentages are assigned to beneficiaries, the beneficiaries will share equally. If the percentage total for each beneficiary classification type does not equal 100 percent, any remaining percentage will be divided equally among the beneficiaries within such class. This designation revokes and supercedes all earlier beneficiary designations which may apply to this IRA. A. Primary Beneficiary ccN OR TAXPAYER RELATIONSHIP BENEFICIARY PERCENTAGE NAME OF BENEFICIARY I IF>I•NIIFICATION Nt1MBFR 1 M IRA OWNER i DATE OF =M 100.000 %1 James N. Tanner Jr 100% 7Z- zzVe Son N7 SPOUSAL CONSENT M I Married. I understand that if I designate a ;,! mary Iciary other my spouse, my spouse must consent by t .. (IRA Owner Initials) Signing w• .00 I Am Net MarrF I understand that if 1 mar_ fut ure, I muit m lete? ew Designation of Beneficiary form, which (IRA Owner Initials) includes the spousal c nt documentation. 'mil I am the spouse of the IRA owner. Because signific cseq n ' ass i giving up my interest in the IRA, the custodian/trustee has not provided me with legal or a . , but h advi a to e I advice. I acknowledge that I have received than ' li au for a community property state. In the event I a fair and reasonable disclosure of the IRA ow s assets or p r 8 have a legal interest in the IRA assets, I he y give to the IRA o uch interes a assets held in this IRA and consent to the beneficiary designation set forth in Section 2 of this rm. ...................................... ®?( ....................... ....................................... Date Signature of Spouse Date Signature of Witness (if required) Date All SIGNATURES ,C 5 I certify that the information provided on this form is accurate and complete. I hereby agree to the terms and conditions set forth in Sections 2 tand 3. I agree that I am responsible for any claims that may arise as a result of my selections, including naming beneficiaries other than my re statement, and amendments thereto, ma provide ease the custodian/trustee from and indemnify thee a ffoor all claims that s at the derstand an/trusteet canmy IRA not give?eement, disclose s form. may arise fro actions rpaled ..................................................... . .......... .................................................................... .................................................... IF n Date Signature of C Date T. o r (page f of 2) ® 1975 er I 'St. o?yrl Rev. 11112002 ¦ ADDITIONAL INFORMATION Purpose. The Traditional IRA Designation or Change of Beneficiary Form is designed to assist you in selecting or changing the current beneficiary designation of your traditional individual retirement account (IRA). agreement and disclosure statement you received upon establishing your IRA or amendments provided by your custodian/trustee. For more information, refer to Internal Revenue Service (IRS) Publication 590-Individual Retirement Arrangements, your local IRS office, or the IRS's website at www.irs.gov. Additional Documents. Applicable law or policies of the IRA custodian/trustee may require additional documentation. In the Terms. A general understanding of the following terms may be event you want to name additional primary or contingent helpful in completing your transactions. beneficiaries, your custodian/trustee may allow you to attach additional beneficiary designations in a format acceptable to the Primary Beneficiary. A primary beneficiary is the recipient of custodian/trustee. IRA funds upon the death of an IRA owner. For Additional Guidance. It is in your best interest to seek the Contingent Beneficiary. A contingent beneficiary is a guidance of your tax or legal professional before completing this secondary beneficiary who is the recipient of IRA funds if all document because of the potentially significant financial and estate primary beneficiaries predecease an IRA owner. planning consequences. Your first reference should be the IRA Fir " m 1975 Bankers Systems, Inc., St. Claud, MN Form IRA-1-LAZ Rev. 11112002 (page 2 of 21 JAMES N. TANNER, JR., EXECUTOR OF; THE ESTATE OF JAMES N. TANNER and JAMES N. TANNER, JR., individually Plaintiffs VS. SOVEREIGN BANK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION CONSENT Barbara Ann Simmons, the undersigned, being duly sworn according to law, deposes and says that as the daughter of James N. Tanner and Winifred M. Tanner and the only other heir of Winifred Tanner aside from James N. Tanner, Jr., Plaintiff, she does hereby consent to the disposition of IRA Account 130050920 as requested in the within Complaint. 1 Barbara Ann S' mons Sworn to and subscribed before me, a Notary Public, this e `/f ' day of '3 k,-,n -- , 2008. .1 NOWdhd 4 4rrrR No1?ey C??1Wex??Mdrltb?, PA My AW011, 201 I ?rj ik N W? i-Q -43 -40 n - N r. c =J A* A m Awdo J OMA R9 .tfft*C aiYFu J 1 tQf .f # 111Ns ??'7'tM i _g.. w p i SHERIFF'S RETURN - OUT OF COUNTY % CASE NO: 2008-03894 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TANNER JAMES N JR ET AL VS SOVEREIGN BANK R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: SOVEREIGN BANK but was unable to locate Them deputized the sheriff of BERKS in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On July 22nd , 2008 , this office was in receipt of the attached return from BERKS Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R.homas ine Dep Berks County 29.85 Sheriff of Cumberland County Postage 1.52 6 8. 3 7 7?a?SJD 8 07/22/2008 DUNCAN & HARTMAN Sworn and subscribe to before me this day of , A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania James N. Tanner Jr et al • VS. Sovereign Bank No. 08-3894 civil Now, July 2, 2008 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Berks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE MILEAGE AFFIDAVIT County, PA 20 , at o'clock M. served the COUNTY OF BERKS, PENNSYLVANIA ???RTYINd SHERIFF'S DEPARTMENT w Courthouse- 3rd Floor 633 Court Street Phone: 610.478.6240 F-• 7 Q Reading, PA 19601 Fax: 610.478.6222 Eric J. Weaknecht, Sheriff Anthony Damore, Chief Deputy ?S* C:.0 AFFIDAVIT OF SERVICE DOCKET NO. 08-CV-3894 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me, JOHN PHILLIPS, Deputy for Eric J. Weaknecht, Sheriff of Berks County, 633 Court Street, Reading, Pennsylvania, who being duly sworn according to law, deposes and says that on JULY 9, 2008 at 10:15 AM, he served the annexed COMPLAINT IN CIVIL ACTION upon SOVEREIGN BANK, within named defendant, by handing a copy thereof to DAVID MERCADO, BANKING REPRESENTATIVE, at 601 PENN STREET, READING, Berks County, Pa., and made known to defendant the contents thereof. ?\4? ?d DEPUTY VRIFF OF BERKS CO., PA Sworn and subscribed before me s 15T" day of JULY, 2008 kr ", ? aj ? , NOT PUBLI AD G, ERK CO., PA Service made as set forth above. r• NOTARIAL REAL REBECCA OXENREIDER Notary lub#C READING CITY, BERKB COUNTY My Commlalon ExpIM Fab 22, 2012 Sheriff's Costs in Above Proceedings $ 75.00 DEPOSIT $ 29.85 ACTUAL COST OF CASE $ 45.15 AMOUNT OF REFUND So Answers • SH FF OF BERKS COUNTY, PA All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L/ 1072 Dedicated to public service with integrity, virtue & excellence www.countvofberks.com/sheriff ..,? ?,. ? 38 JAil1/?TON ?4,,!,'A OXO AXk t blldY41 VlotoV Duncan & Hartman, P.C. William A. Duncan, Esquire 1 Irvine Row, Carlisle, Pennsylvania 17013 717-249-7780 717-249-7800 FAX Attorney ID 22080 JAMES N. TANNER, JR., EXECUTOR OF: THE ESTATE OF JAMES N. TANNER : IN THE COURT OF COMMON PLEAS OF and JAMES N. TANNER, JR., individually : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. :08-3894 Civil Term SOVEREIGN BANK : CIVIL ACTION Defendant : DECLARATORY JUDGMENT MOTION FOR SUMMARY JUDGMENT AND NOW, comes the Plaintiff, James N. Tanner, Jr., by and through his attorney, William A. Duncan, and hereby moves this Honorable Court to consider this Motion for Summary Judgment and in support thereof avers as follows: 1. The Complaint with Notice to Plead was filed July 1, 2008, asserting an action for Declaratory Judgment pursuant to the Declaratory Judgments Act, 42 Pa.C.S.A. section 7531 et seq. And Pa. R.C.P. 1601 et seq. 2. Defendant was served with a true copy of the Complaint endorsed with the Notice to Plead on July 9, 2008. A copy of the Sheriff's return is attached hereto as Exhibit "A". 3. Defendant was given twenty (20) days in which to respond. 4. Twenty days have passed and no response has been filed 5. Summary judgment may be entered against a party who does not respond. Pa. R.C.P. 1035.3 (a) (b) (c) and (d). 6. No judge has ruled upon any other issue in this or any related matter. WHEREFORE, Plaintiff requests that this Honorable Court issue Order upon Sovereign Bank directing it to distribute the funds held in IRA Account 1300050920 to James N. Tanner, Jr. as named beneficiary. Respectfully submitted, v Wfilia3i?A. Dt4mSL/ Attorney I.D. 22080 1 Irvine Row Carlisle, PA 17013 717-249-7780 ??tiRTY*INO t{,pxs* CO?_?c? COUNTY OF,BERKS, PENNSYLVANIA SHERIFF'S DEPARTMENT Courthouse- 3`d Floor 633 Court Street Phone: 610.478.6240 Reading, PA 19601 Fax: 610.478.6222 Eric J. Weaknecht, Sheriff Anthony Darnore, Chief Deputy AFFIDAVIT OF SERVICE DOCKET NO. 08-CV-3894 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me, JOHN PHILLIPS, Deputy for Eric J. Weaknecht, Sheriff of Berks County, 633 Court Street, Reading, Pennsylvania, who being duly sworn according to law, deposes and says that on JULY 9, 2008 at 10:15 AM, he served the annexed COMPLAINT IN CIVIL ACTION upon SOVEREIGN BANK, within named defendant, by handing a copy thereof to DAVID MERCADO, BANKING REPRESENTATIVE, at 601 PENN STREET, READING, Berks County, Pa., and made known to defendant the contents thereof. V?? ?10 DEPUTY VRIFF OF BERKS CO., PA Sworn and subscribed before me s 15TH day of JULY, 2008 voNOT PUBLI G, ERK CO., PA Service made as set forth above. NOT"M Im REBECCA OXENREIDER Notary rum READING. CITY, 1111111111110 COUNTY 'Ay Commission ExpWo Feb 22, 2012 Sheriff's Costs in Above Proceedings $ 75.00 DEPOSIT $ 29.85 ACTUAL COST OF CASE $ 45.15 AMOUNT OF REFUND So Answers ZA_ a SH FF OF BERKS COUNTY, PA All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L/ 1072 Dedicated to public service with integrity, virtue & excellence www.countvofberks.com/sheriff In The Court of Common Pleas of Cumberland County, Pennsylvania, • James N. Tanner Jr et al VS. Sovereign Bank Now, July 2, 2008 hereby deputize the Sheriff of No. 08-3894 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do Berks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of County, PA Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT SHERIFF'S RETURN - OUT OF COUNTY CASE.NO: 2008-03894 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TANNER JAMES N JR ET AL VS SOVEREIGN BANK R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: SOVEREIGN BANK but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BERKS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 22nd , 2008 , this office was in receipt of the attached return from BERKS Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 761? "JH Surcharge 10.00x' R. omas ine Dep Berks County 29.85 Sheriff of Cumberland County Postage 1.52 68.37 07/22/2008 DUNCAN & HARTMAN Sworn and subscribe to before me this day of A. D. _C 4 > .? no -P2 -.0 rNa PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) ?a?es N• lav?nec?c, EXr.?t,Ch,r of T'hL r=s+% a oF:xo,,,ee N.Tot-V-*rA-01 lew,%e6 N •Tit n„rt 3r. vs. No. o R - 3$9?} C; u; 1 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): '1?l10 -i-; n r ; frame ?' e.•??? ,tia ??! N !' 2. Identify all counsel who will argue cases: (a) for plaintiffs: . 1 . (Name and Address) (b) for defendants: h 0 dYf w rd ... e -?L-(IL"?YL?'Y ?1 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: L © Z Attorney for P/,K;nt; f? INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. LU, iG W1 t? -,-I. » LQ. h Print your name 4":7 rv cr, , 7 7 ,,l > JAMES N. TANNER, JR., EXECUTOR IN THE COURT OF COMMON PLEAS OF THE ESTATE OF JAMES N. CUMBERLAND COUNTY, PENNSYLVANIA TANNER and JAMES N. TANNER, JR., individually NO. 08-3894 Civil Term Plaintiff V. SOVEREIGN BANK, Defendant ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Daniel B. Huyett and the law firm of Stevens & Lee, P.C. as counsel for the Defendant Sovereign Bank in the above action. STEVENS & LEE, P.C. By Dani B. Huye Attorney I.D. No. 1385 111 North Sixth St. P.O. Box 679 Reading, Pennsylvania 19603 (610)478-2000 dbh@stevenslee.com S Ll 872017v1 /008370.01196 CERTIFICATE OF SERVICE I, Daniel B. Huyett, Esquire, certify that on this date, I served a true and correct copy of the foregoing Entry of Appearance on the following counsel of record by first class mail, postage prepaid: William A. Duncan, Esquire Duncan & Hartman, P.C. One Irvine Row Carlisle, PA 17013 Dated: October 10, 2008 Daniel B. Huyett SL1 872017vl /008370.01196 x` Duncan & Hartman, P.C. William A. Duncan, Esquire 1 Irvine Row, Carlisle, Pennsylvania 17013 717-249-7780 717-249-7800 FAX Attorney ID 22080 JAMES N. TANNER, JR., EXECUTOR OF: THE ESTATE OF JAMES N. TANNER : IN THE COURT OF COMMON PLEAS OF and JAMES N. TANNER, JR., individually : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. :08-3894 Civil Term SOVEREIGN BANK : CIVIL ACTION Defendant : DECLARATORY JUDGMENT PRAECIPE To the Prothonotary: Please continue the Argument scheduled on the above-captioned matter for October 22, 2008 until further notice. Counsel for Defendant Sovereign Bank has consented to this continuance. Duncan & Hartman, P.C. , i jvkt"" %___ William A. Duncan, Esquire Attorney for Plaintiff 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249-7780 October 21, 2008 N G3 'aQ CD M CD ,o Duncan & Hartman, P.C. William A. Duncan, Esquire 1 Irvine Row, Carlisle, Pennsylvania 17013 717-249-7780 717-249-7800 FAX Attorney ID 22080 JAMES N. TANNER, JR., EXECUTOR OF: THE ESTATE OF JAMES N. TANNER : IN THE COURT OF COMMON PLEAS OF and JAMES N. TANNER, JR., individually : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : 08-3894 Civil Term SOVEREIGN BANK : CIVIL ACTION : DECLARATORY JUDGMENT PRAECIPE To The Prothonotary: Please mark the above-captioned matter "settled and discontinued." Thank you. A MA"A,? ?Z? William A. Duncan, Esquire Attorney for Plaintiffs Dated: February 3, 3009 6 cs co