HomeMy WebLinkAbout10-06-09IN RE: : IN THE COURT OF COMMON PLEAS OF
WILLIAM E. JONES :CUMBERLAND CO TY, PENNSYLVANIA
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PETITION FOR INJUNCTIVE RELIEF `s' '
AND PETITION TO SET ASIDE ~ ' `~ ~.;:
POWER OF ATTORNEY ,f _ _- ''~'
OF WILLIAM E. JONES ` '~ ~-~~
AND NOW, this 6th day of October 2009, comes the Petitioner, Reverend Fred D.
Johnson, and makes the following petitions to the Court of Common Pleas:
1.
The Petitioner is Reverend Fred D. Johnson, an adult individual residing at 87 B Street,
Carlisle, Cumberland County, Pennsylvania 17013
2.
The Petitioner was granted Power of Attorney of William E. Jones on April 24, 2009 in a
document which is attached hereto and marked as Exhibit "A".
3
The Respondent is Christine Young, an adult individual residing at 767 High Street,
Bressler, Pennsylvania 17113.
4.
The subject of this Petition is Reverend William E. Jones who is the owner of real estate
situate at 2650 Spring Road, Carlisle, Pennsylvania 17013, and has been a resident of
Cumberland County for many years. He was married to Delores E. Jones and they were co-
pastors of Shiloh Missionary Baptist Church in the Borough of Carlisle.
2
5.
On June 10, 2009, Delores Jones died making William E. Jones a widower suffering from
Alzheimer's disease and severe dementia.
6.
On or about June 25, 2009, William E. Jones, was admitted to Carlisle Regional Medical
Center with an acute respiratory infection. A copy of a letter from Douglas J. Bower, M.D., of
Masland Associates, Inc. is attached hereto and marked as Exhibit "B".
7.
From Carlisle Regional Medical Center, William E. Jones, was placed in the Claremont
Nursing Home of Cumberland County, Pennsylvania in late June of 2009.
8.
On or about July 3, 2009, the Respondent, Christine Young, approached William E. 3ones
and allegedly had him execute a Power of Attorney which is attached hereto and marked as
Exhibit "C".
9.
The signature of William E. Jones does not appear to be the same signature as Reverend
William E. Jones used before July 3, 2009 or after July 3, 2009. At the time the said Power of
Attorney was signed, William E. Jones did not have the mental capacity to execute the Power of
Attorney.
10.
The Respondent, Christine Young, has diverted funds from the accounts of William E.
Jones for her own use and has placed substantial funds into joint names with herself.
3
11.
On or about August 15, 2009, the Respondent, Christine Young, has been attempting to
cash in several annuities which will cause the entire value of the annuities to be taxed to William
E. Jones in the year 2009 which is against his financial interest. She is attempting to transfer
these funds into an account in which she is joint owner and not Power of Attorney. A copy of the
sessions held with representatives of Met Life in which Christine Young sought the use of the
funds is attached here and marked as Exhibit "D".
12.
The Petitioner seeks immediate relief from the Court to protect William E. Jones from
immediate and irreparable financial harm by said Respondent, Christine Young.
13.
The Respondent, Christine Young, should be enjoined and restrained from any further
attempts to transfer or withdraw funds of William E. Jones from Met Life annuity account or any
other financial accounts of William E. Jones.
WHEREFORE, the Petitioner, Reverend Fred E. Johnson requests the Honorable
Court to grant the following relief:
A. That the Respondent, Christine Young, be enjoined, restrained and prohibited from
liquidating the Met Life annuities on the life of Delores Jones, Deceased, for the benefit
of Reverend William E. Jones until further Order of Court.
B. That the Respondent, Christine Young, be enjoined from using any funds of
William E. Jones which she has placed in any joint account with herself and Reverend
William E. Jones and she must immediately account for all the funds she has acquired on
behalf of Reverend William E. Jones since July 3, 2009.
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C. The Petitioner also requests that a hearing be scheduled to determine whether the
Power of Attorney dated July 3, 2009, should be set aside andlor whether Christine Young
should be removed as the Power of Attorney for Reverend William E. Jones and a new
Power of Attorney or Guardian appointed by the Court.
Respectfully submitted,
IRWIN &
By:
Marcus,. McKni II, Esi
60 West Po Street
Carlisle, sylvania 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: October 6, 2009
Fae tort
DURABLE 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, 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 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.
WILLIAM E. ONES (Principal)
Date: ~ ~ , 2009
q~l
DURABLE GENERAL POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS, that I, WILLIAM E. JONES, hereby
revoke any power of attorney that I have heretofore given to any person and do hereby appoint
FRED D. JOHNSON and/or RUTH M. JOHNSON, my true and lawful attorneys forme and on
my behalf to perform all such acts as my Agents in my Agents' absolute discretion may deem
advisable, as fully as I could do if personally present.
DURABLE POWER
This Power of Attorney shall not be affected by my subsequent disability or incapacity.
GENERAL GRANT OF BROAD POWERS
My Agents are hereby given the fullest possible powers to act on my behalf to transact
business, make, execute and acknowledge all agreements, contracts, orders, deeds, writings,
assurances and instruments for any matter, with the same powers and for all purposes with the same
validity as I could, if personally present.
SPECIFIC POWERS INCLUDED IN GENERAL POWER
Without limiting the general powers hereby akeady conferred, my Agents shall have the
following specific powers, which are included in the foregoing general powers:
1. Banking and Financial Institutions; General Financial Powers.
(a) To deposit any funds received for me in my accounts in such bank or trust
company or other depository as my Agents may select, either in my name or in my
Agents' names as agents under power of attorney.
(b) To withdraw from and to draw any check or other draft against any moneys
held forme at any bank, saving fund or other place of deposit, whether such account
was created by me or by my Agents.
(c) To endorse notes, checks and other instruments which may require my
endorsement.
(d) To pay all debts now or hereafter incurred by me.
(e) To borrow money and to mortgage or pledge any property, real or personal,
now or hereafter owned by me as security therefor and to satisfy or record any
indentures of mortgage now or hereafter standing in my name or acquired for my
account.
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(f) To have access to any safe deposit box standing in my name or in my Agents'
names forme, and to add to or remove the contents of such box; provided, however,
my Agents shall not use such box as a place in which to deposit or keep any personal
property of my Agents.
(g) Generally, to transact any and all business for me with any bank, trust
company or other depository.
2. Stocks. Bonds. Securities and Investments.
(a) To sell, exchange, pledge, assign, transfer and deliver to any person, at my
Agents' discretion, all or any part of any stocks, bonds, notes, mortgages, interests in
partnerships or other securities, and any and all personal property standing in my
name or belonging to me, or over which I may have any power or control. To make,
execute and deliver on my behalf all necessary deeds, assignments or transfers.
(b) To register any or all of my securities in my Agents' names as agents under
power of attorney for me.
(c) To vote my securities in person or by proxy.
(d) To transact all business in relation to any stocks, bonds, securities, or other
property in the nature thereof; to deposit the same under agreements of deposit; to
participate in any plan of lease, mortgage, merger, consolidation, exchange,
reorganization, recapitalization, liquidation, receivership, or foreclosure with respect
thereto; to exercise any rights to subscribe to new issues thereof; and generally to
exercise all rights of management and ownership with respect thereto.
(e) To invest in any form of property, all funds and securities held or received for
my account, keeping such cash reserves as, in my Agents' discretion, are necessary or
desirable to meet conditions, as they may exist from time to time. In the exercise of
this power, my Agents may invest in any variety of real and personal property as in
my Agents' discretion appears to be prudent investments, and my Agents shall not be
liable to me for any error of judgment in the making or continuing of any investment.
3. Real Estate.
(a) To sell, exchange, pledge, assign, transfer and deliver to any person, at my
Agents' discretion, all or any part of my real property, standing in my name or
belonging to me, or over which I have any power or control.
(b) To make, execute and deliver on my behalf all necessary deeds, assignments
or transfers.
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(c) To operate real property, sepazately or jointly with others.
(d) To lease for any term any real property and to vary the terms, including rent
payable, of any lease.
(e) To alter, repair, improve, mortgage, divide, exchange, join in the partition of,
or give options with respect to, real property.
(f) To buy in at judicial sale any property on which I hold a mortgage.
(g) Generally to transact all business and to exercise all rights of management and
ownership relating to real property.
4. Claims, Law Suits. Compromise and Miscellaneous Powers.
(a) To demand, sue for, levy, collect, and give proper receipts for all sums of
money or property now or which may hereafter become due me from any source
whatsoever, including all estates or trusts, proceeds of insurance policies or other
property of any kind whatsoever.
(b) To join with other parties ~in the compromise or settlement of any claims.
(c) To make, negotiate, sign and perform any and all agreements and contracts
now in course of negotiation, execution and settlement by me, or which may hereafter
in the opinion of my Agents be to my interest or advantage; to effect, procure and
continue insurance of any and every kind and description; and with full power and
authority to manage any real and personal property and conduct my affairs generally.
(d) To employ attorneys at law and such other agents, employees or
representatives as my Agents may think proper, and to pay any claims, fees,
expenses, wages, demands or obligations for which I may now be or may hereafter
become liable.
5. Tax Matters.
To prepaze, execute and file in my behalf and in my name any and all income tax declarations
and returns, and any other tax returns and reports (including, but not limited to, protests, claims,
elections, consents, closing agreements, waivers of statutes of limitations and extensions), and to
represent me before the Internal Revenue Service or Treasury Department and any state or local
taxing authority with respect to any claim or proceeding having to do with my tax liabilities, federal,
state or local, for any and all years.
6. Power to Delegate.
To substitute one or more agent or agents under my Agents, to carry out any of the general or
specific powers hereby granted.
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7. Specific Financial Powers Defined by Statute.
The following powers are granted pursuant to Chapter 56 of the Pennsylvania Probate Estates
and Fiduciaries Code as further defined therein:
(a) To make limited gifts. My Agents may make gifts on my behalf to any
donees and in such amounts as my Agents may decide, subject to the following:
(i) The class of permissible donees shall consist solely of my children,
my grandchildren and my great grandchildren (including my Agents if my
Agents aze a member of such class).
(ii) During each calendaz year, the gifts to each donee pursuant to this
power shall have an aggregate value not in excess of Ten Thousand Dollazs
or such lesser (or greater) amount as, and shall be made in such manner as to
qualify in their entirety for my annual exclusion from the Federal gift tax as
provided in Section 2503(b) of the Internal Revenue Code of 1986, as
amended, without regard to Section 2513(a) thereof (or any successor
provision allowing gifts to be split with a spouse).
(b) To create a trust for my benefit.
(c) To make additions to an existing trust for my benefit.
(d) To disclaim any interest in property.
(e) To renounce fiduciary positions.
(f) To withdraw and receive the income or corpus of a trust.
S. Specific Personal and Medical Powers Defined by Statute.
The following powers are granted pursuant to Chapter 56 of the Pennsylvania Probate,
Estates and Fiduciaries Code, as further defined therein:
(a) To authorize my admission to a medical, nursing, residential or similar
facility and to enter into agreements for my care.
(b) To authorize or refuse medical and surgical procedures.
(c) To arrange and consent to procedures to make an anatomical gift of all or part
of my body.
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DURATION OF POWER RELIEF FROM LIABILITY. REVOCATION
1. This power shall not expire by reason of lapse of time.
2. I hereby ratify and confirm all that my Agents acting hereunder shall do or cause to be
done under this Power of Attorney. I specifically direct that such Agents shall not be subject to any
liability by reason of any of such Agents' decisions, acts or failures to act, all of which shall be
conclusive and binding upon me, my personal representatives, heirs and assigns. Furthermore,
except in the case of malfeasance of office, I agree to indemnify such Agents, and hold such Agents
harmless, from all claims that may be made against such Agents as a result of such Agents' service
hereunder and I hereby agree to reimburse such Agents in the amount of any damages, costs and
expenses that maybe incurred as a result of any such claim.
3. This Power of Attorney shall be revoked by my giving to such Agents acting
hereunder written notification of the revocation, which notice shall not be considered binding unless
actually received.
IN WITN,~S WHEREOF, and intending to be legally bound, I have hereunto set my hand
and seal this ~~ day of Apri12009.
Signed, sealed and delivered
in the presence of:
WITNESS:
/~i ~- ~ (SEAL)
WILLIAM E. NES
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
On this, the ~~ ~! may of April 2009, before me, a Notary Public, personally appeared
WILLIAM E. JONES, and in due form of law acknowledged the foregoing Durable General Power
of Attorney to be his act and deed and desired that the same might be recorded as such.
WITNESS my hand and notarial seal.
/~
Nosy Public. '
Notarial Seal ~.
Marcus A. McKnight III, Notary ublic,'r'
My Commission Expires Oct. 10,1
Member, Pennsylvania Association o}
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ACKNOWLEDGEMENT
I, FRED D. JOHNSON, 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 RECORD OF ALL ACTIONS,
RECEIPTS AND DISBURSEMENTS ON BEHALF OF THE PRINCIPAL.
Date: ~ 2009
FRED D. JOHNS, (Agent)
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ACKNOWLEDGEMENT
I, RUTH M. JOHNSON, 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 RECORD OF ALL ACTIONS,
RECEIPTS AND DISBURSEMENTS ON BEHALF OF THE PRINCIPAL.
/~
R M. JO ON (Agent)
Date: i 2009
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~' JUN-25-2009 TNU 11;09 AM
~. ____ -_ .- FAX N0, r. ~~
MASLAN~ ASSOCrAT~S INC.
INTERNt1L ~EDICINE
MFL7ICAL ARTS BUii.UiNG 220 WILSON S`TREAT ~AIZLI$LE. PA 170 i ~
(7 i7) 244-1924 Fax (717) 249-9332
DEBRA l~. TAYLOR. M.L7. L&STEi: L. HiMMELREICH, M.D, TERRY A. RURISON, D.O.
Pf11LiPA. NEiDIa2ER, i]A. DOUGi.AS J. j30WL"tt, M.D. WILLIAM P, VonrAFl, M.D.
~1'IkiSTUPfIER 1. BERU, M,D., I'HARM. D.
June 25, 2009
RE; Williams Jones (p0B 10/19/30)
To Whom it May Concern:
I follow W i 11 it~c"r1 as his primary care physician. He was recently admitted to the
hospital far an acute respira#ory infection. Unfortunately his wife has recently passed away
and given W Z ~ 1i arnS' 'fairly severe dementia, he no longer has a primary caretaker
at home.
disGUSSed with his Powers of Attorney the fact that given his dementia and his somewhat
debilitated state following this acute infection that a short term nursing home stay would
be beneficial to allow him to get physical therapy, improve his strength, and give ail
involved with his care more time to better sort out his eventual longterm living situation.
If further information is needed, please contact our office.
~ncerel
auglas J Bower, MD
DJ B/bew
T: 6/25/09
ACKNOWLEDGMENT BY .AGENT
I, Christine Young, have read the attached Power of Attorney and am the
person identified as the agent or alternative 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 Title,20 of the Pennsylvania Consolidated Statutes 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.
Christine Young, nt
,.
~1
Date
1
NOTICE
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE
PERSON YOU DESIGNATE (CHRISTINE YOUNG "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 WREN 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 CHAPTER 56 OF
TITLE 20 OF THE PENNSYLVANIA CONSOLIDATED STATUTES.
IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT
UNDERSTAND, YOU SHOULD ASK A LAWYER OR YOUR OWN
CHOOSING TO EXPLAIN IT TO YOU.
2
HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I
UNDERSTAND ITS CONTENTS.
~ ~'{ r l~/
WILLIAM E. JO ,Principal
1~
Date:
POWER OF ATTORNEY
I, William E. Jones, of, 2650 Spring Road, Carlisle, Cumberland County
Pennsylvania 17013-8756, do hereby appoint my cousin, Christine Young, as my
attorney-in-fact with power to transact any business at all in my name as though I
myself were acting.
This power includes, but is not limited to the following:
1. To write checks and to execute and deliver payment and withdrawal
orders on any accounts that I may have with any bank or other similar institution,
and to deliver the checks or money paid or withdrawn to any person, group of
persons, or associations; and to endorse checks or other instruments for deposit or
collection;
2. To take lawful steps to. recover, collect, and receive any amounts of
money now or hereafter owing or payable to me, and to compromise and execute
releases or other sufficient discharges for them;
3. To withdraw and receive the income or corpus of any trust;
4. To sue and settle suits of any kind in my name or for my benefit;
5. To buy, sell, mortgage, hypothecate, or grant security interests in any
kind of tangible or intangible personal property;
6. To sign, assign, or endorse any security issued by any corporation,
bank, or other organization and to exercise any rights with respect thereto that I
may have;
7. To lease, sell, release, convey, extinguish, or mortgage any interest in
real property on such terms as may be deemed advisable; and to manage, repair,
improve, maintain, restore, build, or develop such property;
8. To purchase or otherwise acquire any interest in and acquire
possession in the law for such property;
9. To execute, deliver, and acknowledge deeds, deeds of trust,
covenants, indentures, agreements, mortgages, hypothecations, bills of lading,
4
bonds, notes, receipts, evidence of debts, releases and satisfactions of mortgage,
judgment, ground rents, and other debts;
10. To enter any safety deposit boxes of which I am renter in my own
right or j ointly with others, and to open new safe deposit boxes, and to add to or
remove any of the contents of any such safe deposit boxes, and to close out any of
the boxes;
11. To borrow money for my account on whatever terms and conditions
may be deemed advisable, including the right to borrow money on any insurance
policies issued on my life for any purpose, and to pledge, assign, and deliver such
policies as security;
12. To prepare, execute, and file all tax returns required to be made by
me, to pay the taxes due, to collect any refunds, to sign waivers extending the
period for the assessment of such taxes or deficiencies in them to sign consents to
the immediate assessment of deficiencies and acceptances of proposed
overassessments, to execute closing agreements, and to engage and appoint
attorneys to represent me in connection with any matters arising before any federal,
state, or local taxing agency;
13. To disclaim any interest in property;
14. To renounce fiduciary positions;
15. To arrange for my entrance to and care at any hospital, nursing home,
health care center, convalescent home, retirement home, or similar institution, and
to arrange for, consent to, waive and terminate any and all medical and surgical
procedures on my behalf, including the administration of drugs, and to pay all bills
for my care;
16. To create a trust for my benefit and to make additions to an existing
trust for my benefit.
This Power of Attorney shall not be affected by my physical or mental
disability or incapacity or by uncertainty as to whether I am dead or alive, and it
may be accepted and relied upon by anyone to whom it is presented until such
person either (1) receives written notice of revocation by me or a guardian (or
similar fiduciary) of my estate or (2) has actual knowledge of my death.
5
My attorney-in-fact shall be entitled to reasonable compensation for services
performed hereunder.
IN WITNESS WI-~REOF, and inytending to be egally bound hereby, I have
signed this Power of Attorney this ~ day of , 2009.
WITNESS:
~,r ' ~`- ~
By~
William E. nes, Principal
6
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On this the `~'`~` day of July, 2009, before me the undersi ed officer
~ ,
personally appeared William E. Jones ,satisfactorily proven to be the person
whose name is subscribed to the within Power of Attorney and acknowledge that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
My Commission Expires:
coMMONw~~rH or= ~rvNSnv~,
Notarial Seal
Dorothy M. Scott, Notary Public
City of Hartisburg, Dauphin Count,,
My Commission Expires Sept. 11, 2012
Mer»her, Aennsypranie Association of Naartes
7
REVOCATION OF POWER OF ATTORNEY
I, William E. Jones, of, 2650 Spring Road, Carlisle, Cumberland County
Pennsylvania 17013-8756, do hereby revoke any and all other powers of attorneys
which bear my name or signature which designate Pastor Johnson, his wife, Mrs.
Johnson or anyone other than my cousin, Christine Young as my attorney-in-fact.
WITT SS:
a.~
Date: ~y ' V ~ ~ /
By: ~. ~
William E. J es
Date: ~ ~ (~ 9
1@/01/2009 00:48 17177377539 DANA PAGE 01/15
101 Ertord Rd, Sulte 200
Camp Hili, Pa. 17011
PH 717-72A-4358
FX 717-761.6927
To: Marc McKnight or Karen Prom; KatF~leen Fronk
Fax: 717-697-3421 Pages: 15 (including cover)
Phone: 717-724-4358 Date: i 0/01/2009
RE: William E Jones/Delores Jones GC:
O Urgent d For Revlsw D Pleas® Comn+ant ^ Please Reply p Please Recycle
• Con+e+ents: I spoke to MetLife Legal dept. today. They need a "legal restraint" signed by a judge,
either temporary or permanent, in order not to continue processing the death claim on both.of Delores
Jones' accounts. Please let me know whether thaYs possible and haw soon it can be done.
I have attached for your information, notes on my meetings with Christine Young, a copy of the POA
document that she gave me and the two most recent signatures of Mr. Jones. The signatures on
pages 3, 6, and 8 of the POA document of 7/3/2009 do not appear to me a match, in my opinion. And
this is not even taking inta consideration that Mr. Jones would not have understood what he was signing
even if he had signed it.
1 have fax numbers to send the legal restraint order if you can obtain it. Please let me know how this is
progressing and if I can help in any way please let me know.
10!01!2009 00:48 17177377539 JAVA PAGE 02!15
Date: August l9, 2009
To: Death Claim Processing (annuity # 070259778 AB; #071900697 A.B)
k'rom: Kathleen Fronk (56T,853-2)
Phone: 717-724-4358
Attached, please find docur.,oents regarding the claim. izt the dcatla of Delores E. Jones.
During the many years that I have been in the fzz~axacial services business I have never felt
that I was in the midst of a "qu.estioraable claim" for death proceeds -- that is until now.
There are two distinct areas that leave nzazty questions for me in. processing this clairxa as
submitted.
The iaz'st area has to do with rx~y phone conversation on August 17t1a with Ckuristinc
Xoung, and then the appointtaaent that T had with her on August 18~' in my office. During
xny phone conversation, X asked questions that I would normally ask regarding the death.
of Delores Jones and then of the benef:ciaxy, her husband, William Jones. Ms. Young
indicated that she is the POA fur Mr. Jones and that he lives with her. She repeated
several times that she is his "on.ly" next of kin. I set the appointment to complete the
paperwork and asked that Ms. Young bung Mr. Junes with her for the apgt. I indicated
that I needed an original death certificate and the POA documentation. A'f-ter our phone
conversation, T searched foz aid printed Delores Jones' obituary from ouz local paper.
The obituary named nurn,erous relatives but did not mention Ms_ Young.
NIs. Young azxived for ouz appt. and "forgot" to brixxg the POA documentation and did
not bang IVIr. Jones with her. I told her that I would be in my office all day so she
returned home foz the docurrtents and Mr. Jones. When she arrived back in my office she
said She forgot to bring Mi:. Jones with her. I proceeded to review the accounts and the
options that Mr. Jones would have for settlerxaent_ She interrupted me to say that "they"
just wanted to get the money and put it in a savings account. T, of course, advised that
that option could substantially impact his tax situation for 2009. She had told me dozing
some of zby "fact fZndiztg" questions that he was receiviztg a retirement and SS. Hez body
language kept telling xaae that she wants the mortey fxorta these accounts without
consideration for what maybe best I'or Mr. Junes. This is my opiunion. She then wanted
tv know i£ the accounts could be sct up in both Mr. Jones and her ziame as "eith.er/or". I
cxploined that they couldn't. She consented to just allowing the accounts to transfer to
his xtaxne after I told her that he would then need to name a beneficiary. I explained that
he would need to take "required minirnwm distributions front the accounts and I reviewed
how that works. She said, "those checks will come to my address, right?" "I don't want
them, going to anyone else." There were other. things that threw up red flags -she didn't
l~now his date of birth and didn't haul it wzitten down. She "would call me with the
came of his beneficiary (wh.ich as you can see, happens to be her}. A,nd toward the end
of our apQt. she asked xb.e countless questions about Delores Jones will. I asked her if it
had been reviewed as yet and felt that Mr. Joz~.es surely would have been asked to meet
with the attorney responsible for executing her wishes. She said she di.dxi't know whether
10/01/2009 00:48 17177377534 DANA PAGE e~~l~
he had or not. That seerraed odd to me. I asked if they had joint property and she said
they did. Fizaally she asked several times whelher "lhc people in Delores' will could get
their hands on this money". X told her I was not an estate attorney and that that's who sh.e
should consult for that question. She seemed. very nervous during our meeting. She
offered to glue me what appeared to be a business card of a "pastox" if I "wanted to check
her out". I declined the card. During our zxaeeting, she indicated that Mr. Jones suffered
from dementia and that that was the reason that she is his POA. But, as 1 carried on the
conversation witka her, she made comments such as "Williarxx helped take cane o!' Dolores
until the end" and "just yesterday he said laow she had not coaa~tplaincd and did as much as
she could for hexself as long as she could". The conversation just didn.'t seem to be
desexibzzzg someone with dementia.
The second area of concern. fox rzae has to do with the POA. documer~tati.on. There are
zaum,erous issues that I have never seen previously on PUA documents. 1VIy concerns axe
as follows:
1 _ The notary seal and signature do not appeax op. any page with Mr. Jones signature
leavlrtg me to question whether she even witnessed a signature by him.. (page 7)
2. Second, Mr. Junes signatures shaze some likeness to signatures of some of the
other names.
3. 1 have never seen. a POA document that included a clause for "reasonable
eompensalivn o,C 5erviccs" as is on page 6
4. The "dates of signature" on all pages appear to be doxze by the saxz~e I,erson.
I am very concerned about dais claim and 1 am. hoping that NletLlfe will do a thorough
investigation before making payment or settlizxg these accounts. I don't know if IVIx.
Jones has dementia. If he has dementia, how could he provide the coroner with
information as indicated on the death certificate? If he does have detaaentia, ahd ll' he
signzd these documents, I would think that his ability to understand what he was signing
would be a serious concern for 1VIetLife. I don't even know if Mr. Jones is living with
Ms. Young. And what about the will? vVhy did Nis. Young seerr- so concerned about the
will and how it was structured? Why would she have not known Mr. Jones date of birth,
especially if she is taking care of his concerns? And she named herself as beneficiary -
supposedly at his request, although there is aao proof of that. If Mr. Jones did not sign the
POA document, who dial? Why does Ms. Young seem to be so leaxy of family zaaerazbers
listed i.n Deloxes' obituary?
I have included the obituary of Delores Jones in. order to provide names of Loved ones as
well as the name of the church where she was the pastor. Some answers may be able to
be gotten from those sources. I have also included an obitu.axy of Delores' mother,
Kathryn Acy, since she is listed as a joint primary beneficiary one the two annuity
contracts. lbs. Young did taot have a death certiftcatc for Kathryn Acy.
Please feel free to contact me with questions or conceznts. I'ha~ak you fox reviewing this
situation which has left me very very uncomfortable.
10/01/2@09 00:48 17177377539 DANA PAGE 04!15
9/24/2009
Re: Meeting with Christine Youxxg and William Janes.
Christine called me during the week of 9/14/09 to say that she had received additiona)
paperwork from 1V1etLife to complete regarding kbe death claizrt on both of Delores 3ozxes'
accounts. I told hex that I had also had communication and that MetLife wanted Mx.
Jones to sign the claim for~m.s and that h.e would need to bring his photo ZD (drivcx's
licextse) for xne to copy. She told nre that dac to his dero.entia he couldn't drive and that
the "previous POA had kept all of his identification cards". [If that's true, how did the
notary who witnessed his signature on 7/3/2009 verify that it was izt fact hixxz who was
signing the POA document? She would have needed to make a photo copy as well] I
explaitned that she should then take him to the ,pa Dept. of Transportation and they would
issue a new license or just a photo ZD if he was unable to drive.
When she carne uato the appt. on 9/24/2009 she brought Mr. Joxaes with her and also
brought a newly issued photo tn. I talked to Mr, Jones as much as I could to explain
about his wife's two annuities.worth xxzore than. $]65,000. He seemed surprised that she
had saved so much nr~oney. Christine was clearly irritated that I told him. how much
m~ozaey was ixa the accounts, I also, explained to him that he had the xigltt to name a
beneficiary and that it is MetLife's policy not to allow a FO,A to also be a named
benef ciary. Christine was visibly upset by xny explanation and then asked if another
rnembcr of her family could be nanned as berxe~.ciary. Mr. Jones asked ifhe could think
about it and let zne know who b,e wanted and then Christine interrupted him to tell me
that she would call me with the Warne of who should be beneficiary on the accounts.
I-Ie signed the document for the 4U3(b) claim settlement. While I axn not a haAadwriting
expert, it appears to me that it is not his signature on the POA document. Mr. Jones
Seerned to uuadexstand some things but did not have a grasp on his options for settlement
of the two accounts. For that matter, nnr did Ckutistine. It is my opinion that she clearly
wants to get this dozte so that she has control of Mr. Jones money. I asked Mr. Jones
about his retirement income and lie said, with the help of Christine, that he has a pension
from the Federal Govt. as he had woxl~ed at the lVlech. Navy Depot for 30 years, he is
getting S5 and he has a retixemen.t from being a pastor for 40years. (I have to wonder
where all of his retirena.ent income is going and if it's being used fox his care.) Ike
seezxtcd a bit frail, walked slowly and rather bent over.
I have a great concern for Mx. Jones and believe that he is being takers advantage of fox
monetary gain. I have conveyed my concern to MetLife but without a "legal restraint",
they will be required to process the claim once all paperwork is received.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Reverend Fred D. Johnson, being duly sworn according to law, deposes and says that the
facts contained in the foregoing Petition are true and correct to the best of his knowledge,
information and belief.
Swo and subscribed before e
this ~ day of Q , 2009.
~ //
/1 1
Notary blic