Loading...
HomeMy WebLinkAbout01-2957BERTHA L. TROUT, also known as BERTHA O. TROUT, by her attorney-in-fact, Rhonda C. Irwin, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-2957 CIVIL TERM V. EILEEN C. BINGAMAN and LON H. BINGAMAN, her husband Respondents PRELIMINARY OBJECTIONS OF RESPONDENTS! TO PETITIONER'S PETITION FOR RULE TO SHOW CAUSE AND NOW come respondents, Eileen C. Bi.ngaman and Lon H. Bingaman, by their attorney, Kent H. Patterson, and file these preliminary objections. LACK OF JURISDICTION OVER THE SUBJECT MATTER OF THE ACTION 1. Petitioner in her petition requests that respondents file an accounting and make restitution for assets of petitioner that petitioner alleges respondents liquidated and/or converted while respondent Eileen C. Bingaman was exercising powers given by petitioner to respondent Eileen C. Bingaman, under a power of attorney. 1 2. petitioner has filed her petition at law with the Prothonotary of the Court of Common Pleas of Cumberland County. However, Section 711 (22) of the Probate, Estates and Fiduciaries Code, 20 Pa. C.S. Section 711 (22), provides that jurisdiction of the court of comnon pleas over matters pertaining to the exercise of powers by agents (attorneys-in-fact) acting under powers of attorney shall be exercised through its orphans' court division. WHEREFORE, the respondents request your honorable court to dismiss petitioner's petition for lack of jurisdiction over the subject matter. LACK OF CAPACITY TO SAE 3. The petition was filed by Rhonda S. Irwin in her capacity as attorney-in-fact (agent) for Bertha L. Trout a/k/a Bertha O. Trout pursuant to a power of attorney purportedly executed by Bertha L. Trout dated March 22, 2001, which is attached to the petition as exhibit E. 4. The power of attorney appoints Rhonda S. Irwin to act as agent for Bertha L. Trout to perform certain business and financial matters for Bertha L. Trout, but. it does not give Rhonda S. Irwin power to institute litigation on behalf the principal. 2 WHEREFORE, the respondents request your honorable court to dismiss petitioner's petition. LEGAL INSUFFICIENCY OF THE PLEADING (DEMURRER) 5. The petition does not state a legal basis for naming Lon H. Bingaman as a respondent who would be required to file an accounting and/or make restitution. 6. Respondent Lon H. Bingaman was not appointed an attorney-in-fact (agent) by petitioner Bertha L. Trout and the petition does not allege any fiduciary duty that respondent Lon H. Bingaman would have to Bertha L. Trout. Petitioner's only bases for naming Lon H. Bingaman as a respondent, as stated in paragraph 20, were the general allegations that petitioner "believes and therefore avers" that Lon H. Bingaman benefited from the alleged conversion of petitioner's assets and that he may be a joint owner with Eileen C. Bingaman of alleged converted assets, presumably because he is the husband of Eileen C. Bingaman. WHEREFORE, the respondent Lon H. Bingaman requests your honorable court to dismiss the petition as, to him. 3 FAILURE OF PLEADING TO CONFORM TO LAW OF: RULE OF COURT AND INSUFFICIENT SPECIFICITY IN A PLEADING 7. petitioner's petition is contrary to Pa. R.C.P. 1019(a) and (b) in that it alleges that respondents have converted petitioner's assets against her wishes and that Lon H. Bingaman has benefited from the conversion but it does not state any material facts to support the allegations. WHEREFORE, the respondents request your honorable court to dismiss petitioner's petition or in the alternative to require a more specific pleading. Respectfully submitted, /4ent H. Patterson Attorney for respondents 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 4 BERTHA L. TROUT, also known as BERTHA O. TROUT, by her attorney-in-fact, Rhonda C. Irwin, Petitioner V. EILEEN C. BINGAMAN and LON H. BINGAMAN, her husband Respondents : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-2957 CIVIL TERM CERTIFICATE OF SERVICE AND NOW, this day of June, 2001 I, Kent H. Patterson, attorney for Respondents, hereby certify that I this day served the within Petitioner's preliminary objections by depositing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to counsel of record for Petitioner as follows: Harold S. Irwin Attorney at Law 35 East High Street Carlisle, PA 17013 i4int H. Patterson Attorney for Respondents 211 Pine Street Harrisburg, PA 17101 (717) 238-4100 n r? - c . -_ -c? rrS r? -> - __ -G <" L: ?? t °-i V ' D -G (7? =G HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 95 EAST HIGH STREET CARLISLE PA 17019 (717) 249-6090 ATTORNEY FOR PETITIONER BERTHA L. TROUT, also known : IN THE COURT OF COMMON PLEAS OF as BERTHA O. TROUT, by her : CUMBERLAND COUNTY, PENNSYLVANIA attorney-in-fact, RHONDA S. IRWIN, : CIVIL ACTION - LAW Petitioner V. : NO. 01 - _QgG7 CIVIL TERM EILEEN C. BINGAMAN and LON H. BINGAMAN, her husband, Respondents: ORDER OF COURT NOW, this Z day of May, 2001, on petition of Bertha L. Trout, also known as Bertha O. Trout, by her attorney-in-fact, Rhonda S. Irwin, and on motion of Harold S. Irwin, III, Esquire, a rule is hereby issued upon defendants to show cause why they should not be required to file an accounting and pay restitution to the petitioner. Rule returnable 0 days after service upon respondents. By the F li J l.tg?'N'74 BERTHA L. TROUT, also known : IN THE COURT OF COMMON PLEAS of as BERTHA O. TROUT, by her : CUMBERLAND COUNTY, PENNSYLVANIA attorney-in-fact, RHONDA S. IRWIN, : CIVIL ACTION - LAW Petitioner NO. 01 - 2 93 7 CIVIL TERM V. EILEEN C. BINGAMAN and LON H. BINGAMAN, her husband, Respondents: I?1 P NOW comes Bertha L. Trout, also known as Bertha O. Trout, by her attorney-in- fact, Rhonda S. Irwin, and presents this petition for a rule to show cause, representing as follows: 1. Petitioner is Bertha L. Trout, also known as Bertha O. Trout, an adult individual residing at Outlook Pointe, 1100 Grandon Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondents are Eileen C. Bingaman and tier husband, Lon H. Bingaman, adult individuals residing at 270 Pleasant Hill Road, Lewisberry, York County, Pennsylvania 17339. 3. On or about July 18, 1997, while living with respondents at their residence and at the suggestion of respondents, petitioner executed a document wherein she appointed respondent Eileen C. Bingaman as her attorney-in-fact. A copy of said power of attorney is incorporated herein by reference and attached hereto as Exhibit "A". 4. Subsequently, respondent Eileen C. Bingaman began acting as attorney- in-fact for petitioner pursuant to the general grant of powers contained therein and, it is believed and therefor averred, handling all financial and other related affairs for petitioner after that date. 5. At the time of the appointment of respondent Eileen C. Bingaman as attorney-in-fact for petitioner, petitioner was the owner of substantial stock investments, bank accounts and other assets, the exact extent of which is unknown at present, but which are known to have been valued in excess of $300,000.00. 6. By virtue of said investments, petitioner received substantial income in the form of stock dividends, interest, pension payments, social security and otherwise, which income was substantially more than the cost of her care and maintenance. 7. In 1999, respondents suggested that petitioner move to a nursing facility and, in fact, were successful in obtaining petitioner's agreement to move her residence to Outlook Pointe, a multi-level nursing home facility located at 1100 Grandon Way, Mechanicsburg, Cumberland County, Pennsylvania 170510. 8. After petitioner's move to Outlook Pointe, respondent Eileen C. Bingaman continued to act as her attorney-in-fact, managing all of the financial affairs of petitioner, including preparation and filing of her income tax returns, managing her bank accounts , paying her bills, etc. 9. However, petitioner believes and therefor avers that respondent also at this time began to liquidate petitioner's assets by selling all of petitioner's stock investments and converting the proceeds of said sales, along with the bulk of petitioner's remaining assets into new investments and / or assets in the name of respondents. 10. Neither the liquidation of such assets, nor the conversion of the assets into the names of respondents, was done with the knowledge, permission or direction of petitioner. 11. Ultimately, respondent Eileen C. Bingaman failed to make payment of petitioner's monthly account at Outlook Pointe and due to the liquidation and conversion of her assets by respondent, petitioner no longer has sufficient income to meet her monthly expenses for nursing care or for other personal expenses. In fact, her only income appears to be from her retirement account and social security. 12. On February 9, 2001, due to nonpayment of petitioner's nursing home account and the inability of petitioner or staff from Outlook, Pointe to communicate with respondent Eileen C. Bingaman, petitioner executed document whereby she revoked the power of attorney previously granted to Eileen C. Bingaman. A copy of this revocation is incorporated herein by reference and attached hereto as Exhibit "B". 13. On March 19, 2001, petitioner executed another revocation of said power of attorney, a copy of which revocation is incorporated herein by reference and attached hereto as Exhibit "C". 14. Subsequent to the second revocation, a copy of the revocation and a letter notifying her of the revocation and requesting an accounting of all financial transactions undertaken by Eileen C. Bingaman for or on behalf of petitioner was sent by petitioner's attorney to respondent by U. S. mail. A copy of this letter is incorporated herein by reference and attached hereto as Exhibit "D". 15. On March 22, 2001, petitioner executed a new general power of attorney whereby she appointed Rhonda S. Irwin her agent. A copy of said document is incorporated herein by reference and attached hereto as Exhibit "E". 16. To date neither petitioner, nor her agent or attorney, have received any response whatsoever from respondents. 17. Petitioner believes and therefor avers that respondent's lack of response indicates that respondents have, in fact, unilaterally liquidated and / or converted petitioner's assets, contrary to the wishes of petitioner and in violation of respondent Eileen C. Bingaman's duties as attorney-in-fact for petitioner as well as specific state law. 18. Respondent's refusal to communicate has made it virtually impossible for petitioner or her agent to determine the exact nature and extent of her past or present investments and income. 19. Petitioners status at the nursing facility is at jeopardy due to her inability to meet the monthly expenses which are accumulating, or to payoff the unpaid monthly charges that had been accruing prior to the appointment of her new power of attorney. 20. Respondent Lon H. Bingaman has been named as a respondent in this matter due to the fact that petitioner believes and therefor avers that he has benefited from the conversion of petitioner's assets and may, in fact, presently be a joint owner with Eileen C. Bingaman as such investments may now be titled. WHEREFORE, petitioner requests your Honorable: Court to enter a rule upon the respondents to show cause why they should not be requiired to file an accounting and to make restitution for any and all assets liquidated and / or converted contrary to the fiduciary duties imposed by law. May 14, 2001 HAROLD S. IRWI III Attorney for petitiorte VERIFICATION The foregoing petition is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. 1zqWWII 6d2 May 14, 2001 RH I)A S. IK WIN Agent for Bertha L. Trout, also known as Bertha O. Trout, Petitioner EXHIBIT "All F n 1 t?'y0 ??! J GENERAL P VER OF ATTORNEY FOR BERTHA 0. TROUT KNOW ALL MEN BY THESE PRESENTS, that I, BERTHA O. TROUT, of 270 Pleasant Hill Road, Lewisberry, York County, PA 17339, do hereby nominate, constitute and appoint EILEEN C. BINGAMAN, of 270 Pleasant Hill Road, Lewisberry, York County, PA 17339, to be my Attorney-in-Fact for the purpose of conducting all or any of my affairs on my behalf, and for the purpose of signing on my behalf all deeds, mortgages, leases, orders, contracts, documents of title, writings, assurances, and any and all other documents of any nature, and to have access to any and all safe deposit boxes registered in my name. This General Power of Attorney shall also include, but not be limited to, the power to draw, sign and endorse all checks, drafts and other instruments; to make deposits to and withdrawals from any and all bank accounts or other accounts; to buy, sell or transfer motor vehicles, stocks and any securities; to sell, buy, lease, mortgage, encumber and otherwise dispose: of or take any action with regard to any real or personal property, now or hereafter owned by me; to execute and file any tax return or other government reports or forms; to receive social security benefits, pension benefits and all other monies and things owing to me; and to make and transact any and every kind of business of every nature; hereby ratifying and confirming all that my said attorneys shall lawfully do or Page One of Four ......... cause to be done by virtue of these presents. My Attorney-in-Fact shall also be empowered to do any of the following, as those activities are defined in the Pennsylvania Probate, Estates and Fiduciaries Code, 20 Pa. C.S.A., Section 5603, et seq: to make gifts; to create a trust for my benefit; to claim an elective share of the estate of my deceased spouse; to make additions to an existing trust for my benefit; to disclaim any interest in property; to renounce fiduciary positions; to withdraw and receive income or corpus of a trust; to authorize my admission to a medical, nursing, residential or similar facility and to enter into agreements for my care; to authorize medical and surgical procedures; to engage in real property transactions; to engage in tangible personal property transactions; to engage in stock, bond and other securities transactions; to engage in commodity and option transactions; to engage in banking and financial transactions; to borrow money; to enter safe deposit boxes; to engage in insurance transactions; to engage in retirement plan transactions; to handle interests in estates and trusts; to pursue claims and litigation; to receive government benefits; to pursue tax matters; to request and obtain any and all information concerning any of my assets and any of my affairs. It is the intention of this document to fully and completely authorize Eileen C. Bingaman to conduct all affairs of the undersigned as completely and fully as she could do if she were present and acting in person. This is intended to be a General Page Two of Four j . Power of Attorney and is completely unlimited with respect to acts authorized to be performed on behalf of the undersigned by them. This Power of Attorney shall not be affected by the disability of the principal, and the authority conferred herein shall be exercisable by the Attorney-in-Fact herein appointed, notwithstanding the disability, incapacity or incompetency of the principal or later uncertainty as to whether the principal is dead or alive. It is the intention of the undersigned that under such circumstances this Power of Attorney shall remain valid and may be relied upon by all persons and corporations dealing with the Attorney-in-Fact hereby appointed. I grant to_ my Attorney-in-Fact the! power and authority to appoint successor or substitute Attorneys--in-Fact and to revoke any said appointments, granting to any such :successors or substitutes full power and authority to act in the place of my attorney for me and on my behalf. IN WITNESS WHEREOF, the undersigned has hereunder set her hand and seal this 1 $ I day of ? 1997. WITNESS: ERTH te. A O. TROUT A Page Three of Four COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF DAUPHIN r /ell day of 1997, before me, On this, the the undersigned Notary Public, personally appeared Bertha O. Trout, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My commission Expires: ,Notary Public Nota?fel Seal Kaw arr bury r? >ary Pubpc MY Commission Fires Ma?? Zppp Page Four of Four EXHIBIT "B" Commonwealth of Pennsylvania County of Cumberland On this, the q-W day of 59M-M :?001, before me, the undersigned notary public, personally appeared Bertha O. Trout, known to me ( or satisfactorily proven to be the person whose name is subscribed to the within instrument has chosen to revoke her current power of attorney,Eileen C. Bingaman, of 207 Pleasant Hill Road, Lewisberry, York County, PA 17339. This is done of my own free will. I will be signing all deeds, mortgages, leases, orders, contracts, documents of title, writings, assurances, and any and all other documents of any nature, and to have access to any and all safe deposit boxes registered in my name. This shall also include, but not be limited to, power to draw, sign and endorse all checks, drafts and other instruments, to make deposits and withdrawals from any and all bank accounts. In witness where or, I hereunto set my hand and official seal. z-9-•o1 Date i saL M. Yo g 4-l l .•?,`' N,6t#y Public ' Notarial Seat Public Susan Marie YounSNotary Hampden Twp.. Cumbprland County My Commission Expo°'s Jw,F t t _ 20ot 2-q-ol Date EXHIBIT "CvV REVOCATION OF `i POWER_OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, BERTHA L. TROUT, of 1100 Grandon Way, Mechanicsburg, Cumberland County, Pennsylvania 17050, do by these presents revoke, cancel, rescind and otherwise withdraw the appointment of EILEEN BINGAMAN as my true and lawful agent under a power of attorney, for me and in my name and on my behalf general) such durable general power of attorney having been executed by me on --W LY IN WITNESS WHEREOF, I have hereunto set my hand and seal this 19TH day of March, 2001. WITNESSED BY: BERTHA L. TROUT COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND On this, the 19TH day of March, 2001, before me, the appeared BERTHA L. TROUT known to me or satisfactorily name is subscribed to the within instrument, and acknowledged purposes therein contained. Notarial Seal POO Notary Public Harold S. InMn III, Nolery Canisle Soro, Cumoedand County My Cpmm ssbn Expires Sept. 23, 2W2 Member, pennsylv_aI? s.:GdtiOn of Notaries undersigned icer, personally proven to be the person whose that she executed same for the LJ S?R? ? EXHIBIT "D" LAW OFFICES OF HAROLD S. IRWIN, 111 ATTORNEY-AT-LAW HITHER HOUSE, SUITES 201 and 202 3S EAST HIGH STREET I I I IRWIN HAROLD S CARLISLE, PENNSYLVANIA 17013 717-243-6090 , . JOHN J. BARANSKI, JR. -- --------- - PHONE 717-243-9200 www. irwinl a woffce. com ------------ HEATHER A. BARBOUR e-mail. i4inlaw@epix.net FACSIMILE RHONDA S. IRWIN PARALEGALS March 20, 2001 EILEEN C. BINGAMAN 270 PLEASANT HILL RD LEWISBERRY PA 17339 RE: Bertha L. Trout Dear Ms. Bingaman: In my capacity as an attorney for the Cumberland County Office of Aging, I have been asked to meet with Bertha L. Trout. We did meet with her yesterday, having previously prepared the enclosed revocation of power of attorney at her request. Bertha signed the revocation and it is now in force. This imeans that you no longer have power of attorney for Mrs. Trout and may no longer act as her agent, effective immediately. In addition, we are demanding, on Bertha's behalf and at her request, a full accounting for all of the funds she owned at the time the power of attorney was executed on July 18, 1997 to date. This accounting should contain a full report of income into such accounts, as well as all expenditures or other transfers. Also, we will need a full accounting of the disposition of any other property owned by Betha on July 18, 1997, including the delivery to me of all stock certificates or other incidents of ownership. You should take this request very seriously and work expeditiously to comply with it. If I have not received a satisfactory response to this letter by March 30, 2000, 1 will recommend to Bertha Trout that she take immediate and more aggressive action. Sincerely, CQFY.11nill EXHIBIT "E" 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 PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY REAL THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE CARE TO ACT FOR OUR BENEFIT AND N EACCORDANCE 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 F I POWERS YOU REVOKE THESE POWERS COURT ACTING ONYOUR BEHALF TERMINATES YOUR GENTS AUTHORITY. OR A 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 11 S CONTENTS. March 22, 2001 BERTHA L. TROUT DURABLE GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, BERTHA L. TROUT, of 1100 Grandon Way. Mechanicsburg, Pennsylvania 17050, do by these presents make, constitute and appoint RHONDA S. IRWIN (hereinafter referred to as "my agent'), my true and lawful agent under a power of attorney, for me and in my name and on my behalf generally, to do and perform all matters and things, including, without limiting the generality of the foregoing, to transact all business, to make, execute, acknowledge, endorse and deliver all deeds of conveyance, certificates of stock, bonds, car titles, releases of lien or satisfaction of bonds and mortgages, contracts, orders, releases, checks, notes and endorsements, transfers and assignments of any such contracts, specifically including but in no way limited to the execution in my name of checks or orders of any nature for the withdrawal of funds standing to my credit in any type of account in any bank, building and loan association or other financial institution, and also to deposit in any accounts in my name in any such institutions any money, funds, checks or drafts, payable or belonging to me; to enter my safe deposit boxes in any and all banking institutions and to establish new safe deposit boxes and to add to and to remove any of the contents thereof; to borrow money and to mortgage, pledge or hypothecate any property, real or personal, now or hereafter owned by me as security therefore; to buy, sell possess, insure, manage, maintain, improve, lease, mortgage, pledge, encumber, convey and otherwise dispose of, or take any other action with respect to, any property, real or personal, now or hereafter owned by me, on such terms and conditions as my agent may consider appropriate, and in the event of sale of any of my real estate, to execute the sales agreement and the deed in my name and to make settlement and receive the proceeds; and to prepare, execute and file any tax returns, governmental reports and other instruments of whatever kind, and likewise to execute any and all writings, assurances, instruments or documents which may be requisite ui proper to effectuate any matter or thing appertaining or belonging to me. I hereby authorize my agent to contract with and arrange for my entrance to any hospital, nursing home, health center, convalescent home, residential care facility or similar institution, to authorize medical, therapeutic and surgical procedures for me and to pay all bills in connection therewith. GIVING AND GRANTING unto my agent full authority and power to do and perform any and all other acts necessary or incident to the performance and execution of the powers herein expressly granted, with power to do and perform all acts authorized hereby as fully to all intents and purposes and with the same validity as I might or could so if personally present, hereby ratifying and confirming whatsoever all that my agent shall lawfully do or cause to be done by virtue hereof. AND, I hereby declare that any act or thing lawfully done hereunder by my agent shall be binding on myself and my heirs, legal and personal representatives and assigns. AND, if incapacity proceedings for my estate or person are hereafter commenced. I hereby nominate my agent to be appointed the guardian of my estate or person by any court having jurisdiction in accordance with the provisions of Section 5604 (c ) (2) of the Probate, Estates and Fiduciaries Code. This Power of Attorney shall continue in force and may Ibe accepted and relied upon by anyone or any entity to whom it is presented despite my purported revocation of it or my death, until actual written notice of any such event is received by such person or entity. In the event of my incapacity from whatever cause, this Power of Attorney shall not thereby be revoked but shall thereupon become irrevocable and may be accepted and relied upon by anyone or any entity to whom it is presented despite such incapacity, subject only to it becoming void and of no further effect only upon receipt by such person or entity either of (1) written evidence of the appointment of a guardian (or similar fiduciary) of my estate following adjudication of incapacity, or (2) written notice of my death. This Power of Attorney shall not be affected by my subsequent disability or incapacity. This power of attorney shall rescind and revoke any other powers of attorney previously made by me. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 22nd day of March, 2001. WITNESSED BY: (SEAL) BERTHA L. TROUT . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: On this, the 22nd day of March, 2001, before me, the undersigned officer, personally appeared BERTHA L. TROUT, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. Notary Public IWAR" SM MONNMM L COYLM, NOTARY PUBm MONO OF CAMMA CUY ANO COUNTY Imy COw eem C04M OCTDMMI 17 2M I, RHONDA S. IRWIN, have read the attached Power of Attorney executed by BERTHA L. TROUT 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. March 22, 2001 RHONDA S. IRWI J COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the 22nd day of March, 2001, before me, the undersigned officer, personally appeared RHONDA S. IRWIN, known to me or satisfactorily proven to be the person whose name is subscribed to the within acknowledgment and acknowledged that she executed same for the purposes therein contained. WITNESS my hand and seal the day and year aforesaid. Notary Public wr?atK www[ L!OOri? I=my KOLK soeo " ?i my %MCU c? . . r f Z i>', -- ? :. ? - r... .. .?' _" , _o In The Court of Common Pleas of Cumberland County, Pennsylvania File No. 2001-02957 TROUT BERTHA L ET AL VS BINGAMAN EILEEN C ET AL STATEMENT OF INTENTION TO PROCEED To the Court: ? pe intends to proceed with the above captioned matter. ,. Date: 9/13/p4 (? N ?"- = ? C. r Ti ciJ -t r. _T_ _ r ' -.? . y'(_ ?( 7 C_ N _ ?T .. - Gil W Curtis R. Long Prothonotary office of the Vrotbonotarp Cumberfartb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 0 1 - e,?_9s 7 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573