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HomeMy WebLinkAbout07-10-12 r-..a rw7 (,.,, r i'i . , "I" ~"? fi 1" ? ~' r_• r} i C:. `.~ IN RE: IN THE COURT OF COMMON PLEAS ~--' THEODORE THOMAS MINER, :CUMBERLAND COUNTY, PENNSYLVANIA an alleged incapacitated person :ORPHANS' COURT DIVISION - , . DOCKET N0. -,~ '~ - ~ ~ -- PETITION TO ADJUDICATE AN INCAPACITATED PERSON AND TO APPOINT PLENARY GUARDIAN OF HIS ESTATE AND PERSON AND NOW, come Geraldine L. Miner and Michael W. Miner (hereinafter "Petitioners"), by and through their undersigned counsel, and make the following petition: Petitioner Geraldine L. Miner is an adult individual who resides at 7 Riddle Road, Camp Hill PA 17011. 2. She is the wife of the alleged incapacitated person, Theodore Thomas Miner. 3. She is employed by AHEDD as an Employment Specialist. 4. Petitioner Michael W. Miner is an adult individual who resides at 1013 Pine Road, Charleston WV 25314. 5. He is the son of the alleged incapacitated person, Theodore Thomas Miner. 6. He is employed by Baltimore Life as a Sales Manager. 7. Theodore Thomas Miner was born on August 3, 1949, and is now 62 years of age. 8. Theodore Thomas Miner is married to Geraldine L. Miner (one of the Petitioners), and he has two children, Michael W. Miner (one of the Petitioners) and Jessica Miner, who resides at 429 Shore Acres Road, Apt. 2B, Arnold MD 21012. 9. Theodore Thomas Miner currently resides in the Senior Living section of The Woods at Cedar Run, 824 Lisburn Road, Camp Hill PA 17011. 10. Theodore Thomas Miner suffers from Alzheimer's disease with declining cognition and judgment, as well as physical aggressiveness towards his family, heightened paranoid ideation, poor impulse control, confusion and memory loss. 11. Theodore Thomas Miner (a) is unable to receive and evaluate information effectively and communicate meaningful decisions, (b) is unable to manage his financial resources and (c) is unable to meet essential requirements for his physical health and safety. 12. Theodore Thomas Miner signed a Durable General Power of Attorney on .lanuary 20, 2009, naming Geraldine L. Miner as his primary agent and Michael W. Miner as his successor agent. A copy of the Durable General Power of Attorney is attached hereto as Exhibit "A" and incorporated herein by reference. ] 3. In Section E on page 8 of the Durable General Power of Attorney, Theodore Thomas Miner nominated his primary agent (Geraldine L. Miner) as the guardian of his estate and person and. nominated his successor agent (Michael W. Miner) as the guardian if the primary agent is unable to serve. 14. Theodore Thomas Miner has not created a trust to manage his financial resources. 15. Theodore Thomas Miner's assets consist of the following: a. A residence at 7 Riddle Road, Lower Allen Township, Cumberland County, Pennsylvania, owned jointly with Geraldine L. Miner, and valued at approximately $158,800. b. A 2012 Ford Escape owned jointly with his wife, Geraldine L. Miner. 2 c. Bank accounts owned jointly with his wife, Geraldine L. Miner, with an approximate balance of $370. d. An individual retirement account valued at approximately $72,000. e. A 2001 Ford pick-up truck owned individually. f. Miscellaneous tangible property and personal effects. 16. Theodore Thomas Miner receives the following income: a. $1,752.60 per month of Social Security Disability Income. b. $100.00 per month from a pension with Bendix. c. $565.08 per month from a pension with Tyco/Amp. 17. Petitioners are the proposed guardians of the estate and person of Theodore Thomas Miner. Petitioners' consents to serve are attached hereto as Exhibit "B" and incorporated herein by reference. 18. Petitioners have no interest adverse to the interests of Theodore Thomas Miner. 19. No other court has assumed jurisdiction in any proceeding to determine t:he incapacity of Theodore Thomas Miner, although there are criminal charges pending against Theodore Thomas Miner for domestic violence. 20. Jessica Miner has consented in writing to the appointment of Petitioners as plenary guardians of the estate and person of her father, Theodore Thomas Miner. Her Consent is attached hereto as Exhibit "C" and incorporated herein by reference. 3 WHEREFORE, Petitioners respectfully request that the Court enter an order awarding a citation directed to Theodore Thomas Miner, the alleged incapacitated person, with notice thereof to be given to such other persons as the Court may direct, to show cause why he should not be adjudged an incapacitated person and why Petitioners should not be appointed plenar}~ guardians of his estate and person, to serve without bond. GATES, HALBRUNER, HATCH & GUISE, P.C. r- ~_ ~~ ~- BY: ark E. Halbruner, Esquire Supreme Court I.D. No. 66737 1013 Mumma Road, Suite 100 Lemoyne PA 17043 (717) 731-9600 (Attorneys for Petitioners) Date: `~ 1 ~-- 4 NOTICE TO THE PRINCIPAL GRANTING A POWER OF ATTORNEY 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. THESE 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. ' Grp `~° . ~ THEODORE THOMAS NIINER, PRINCIPAL ~ ~ ZOd DATE DURABLE GENERAL POWER OF ATTORNEY I, THEODORE THOMAS NIINER, now of 7 Riddle Road, Camp Hill, Pennsylvania 17011, appoint my wife, GERALDINE L. NIINER, as my Agent. GERALDINE L. NIINER is referred to as "my Agent" in this document. If and in the event that my Agent predeceases me, or does not complete the duties of my true and lawful Agent, then and in such event, I hereby make, constitute and appoint my son, MICHAEL W. MINER, as my Successor Agent with all the rights and duties hereinafter stated. I intend to create a Durable Power of Attorney pursuant to 20 Pa. C.S. Section 5604 (or the corresponding provision of any subsequent state law). The effective date of this Power is January Z~U , 2009. It is my express intent and direction that this Power of Attorney and the authority and powers hereby conferred shall not be affected by my subsequent disability, incapacity or incompetency, or the adjudication thereof, or later uncertainty as to whether I am dead or alive, and shall be fully exercisable notwithstanding the same. My Agent is hereby given the fullest possible powers to act on my behalf, with the same powers, for all purposes, and with the same validity as I could, if personally present. Without limiting the general powers hereby already conferred, my Agent shall have the following specific powers, including, but not limited to: 1. To collect and receive any money and assets to which I may be entitled; to deposit cash and checks in any of my accounts; to endorse for deposit, transfer or collection, in my name and for my account any checks payable to my order; to draw and sign checks for me and in my name, including any accounts opened by such Agent in my name at any bank, savings society, money market fund or elsewhere; to receive and apply the proceeds of such checks as my Agent deems best; and, to close accounts. 2. To take all 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 such amounts; 2 3. To make loans, secured or unsecured, in such amounts, upon such terms, with or without interest and to such firms, corporations, and persons as my Agent deems appropriate; 4. To institute, prosecute, defend, compromise, or otherwise dispose of (and to appear for me in any proceedings before any tribunal for the enforcement or for the defense of) any claim, either alone or in conjunction with other persons, relating to me or to any property of mine or any other persons; to obtain, discharge and substitute counsel and to authorize appearance of such counsel to be entered forme in any such action or proceeding; and, to compromise or arbitrate any claim in which I may be interested and for that purpose to enter into agreement or compromise or arbitration and perform or enforce any award entered pursuant to such arbitration; 5. To lease, sublet, sell, release, hire professional managers, convey or mortgage any real property owned by me (including my residence) or in which I have an interest now or in the future, upon such terms and conditions and under such covenants as my Agent shall determine, including the sale of my real estate and to sign, execute and deliver deeds and conveyances therefor; 6. To purchase or otherwise acquire any interest in and possession of real property and to accept all deeds for such property on my behalf; and, to manage, repair, improve, maintain, restore, build, or develop any real property in which I now have or may have an interest in the future; 7. To execute, deliver and acknowledge deeds, deeds of trust, covenants, indentures, agreements, mortgages, hypothecations, bills of lading, bills, bonds, notes, receipts, evidences of debts, releases and satisfactions of mortgage, judgments, ground rents and other debts; 8. To collect, compromise, endorse, borrow against, hypothecate, release and recover any promissory note receivable, whether secured or unsecured, and any related deed of trust; 9. To buy, purchase, sell, repair, alter, manage and dispose of personal property of every kind and nature at private or public sale and to sign, execute and deliver assignments and bills of sale therefor; 10. To enter my safe deposit boxes and to open new safe deposit boxes; to add to anal to remove any of the contents of any such safe deposit boxes; and, to close any of such boxes; 11. To borrow money for my account on whatever terms and conditions deemed advisable, including borrowing money on any insurance policies issued on my life for any purpose without any obligation on the part of such insurance company to determine the purpose for such loan or application of the proceeds, and to pledge, assign and deliver the policies as security; 12. To apply for and to receive any government, insurance and retirement benefits to which I may be entitled and to exercise any right to elect benefits or payment options; to terminate 3 such benefits; to change beneficiaries or ownership of such benefits; and, to assign rights or receive cash value in return for the surrender of any or all rights I may have in life insurance policies or benefits, annuity policies, plans of benefits, mutual fund and other dividend investment plans and retirement, profit-sharing and employee welfare plans and benefits; 13. To take custody of any stocks, bonds and other investments of all kinds, to give orders for the sale, surrender or exchange of any such investments and to receive the proceeds therefrom; to sign and deliver assignments, stock and bond powers and other documents required for any such sale, assignment, surrender or exchange; to give orders for the purchase of stocks, bonds and other investments of any kind; to give instructions as to the registration thereof and the mailing of dividends and interest therefrom; and to deposit coupons attached to any coupon bonds, whether now owned by me or hereafter acquired; 14. To purchase forme United States of America Treasury Bonds of the kind which are redeemable at par in payment of federal estate taxes; to borrow money and obtain credit in my name from any source for such purpose; to make, execute, endorse and deliver promissory notes, drafts, agreements or other obligations for such bonds and, as security therefor, to pledge, mortgage and assign any stocks, bonds, securities, insurance values and other properties, real or personal, in which I may have an interest; and, to arrange for the safekeeping and custody of any such Treasury Bonds; 15. To open, close, or maintain accounts (including accounts on margin or other leverage device, and accounts in options, calls or futures) with stockbrokers, investment counsel, financial advisors, or other similar agent or intermediary, or through an account held by my Agent in an on-line service, and to buy, sell, endorse, transfer, hypothecate, leverage, margin, or borrow against any of the accounts, stock, bonds, capital accounts, futures, options or other securities; 16. To vote at all meetings of shareholders (whether general, regular or special) of any corporation whose shares I own, on any questions which may arise at any such meeting, and to do everything respecting such shares of stock, including the calling of meetings of directors or stockholders or making and giving consents and ratifications, and any other act which I could do if personally present, intending hereby to confer upon my Agent full power and authority to do (with reference to such shares of stock) everything which I might or could do as owner of such shares; 17. To continue the operation of any business belonging to me or in which I have a substantial interest, in such manner as my Agent may deem advisable or to sell, liquidate or incorporate any business (or interest therein) on such terms as my Agent may deem advisable and in my best interests; 18. To procure, change, carry or cancel insurance of such kind and in such amounts as my Agent deems advisable to protect from risks affecting property or persons due to liability, damage or a claim of any sort; to claim any benefits or proceeds on my behalf; and, to purchase 4 medical insurance for any dependent of mine; 19. To join with my spouse or my spouse's estate in filing income or gift tax returns for any years for which I have not filed such returns and to consent to any gifts made by my spouse as being made one-half by me for gift tax purposes, even though such action subjects my assets to additional liabilities; 20. To prepare; sign and file federal, state and local income, gift or other tax and information returns of all kinds, claims for refunds, requests or extensions of time, petitions to the United States Tax Court or other courts regarding tax matters and any and all other tax related documents, including, without limitation, receipts, offers, waivers, consents (including, but not limited to, consents and agreements under Internal Revenue Code (hereinafter IRC) Section 2032A, or its successor), powers of attorney, and closing agreements; to exercise any elections I may have under federal, state and local tax laws; and, generally to act on my behalf in all tax matters of all kinds and for all periods before all persons representing the Internal Revenue Service and any other taxing authority, including receipt of confidential information and the posting of bonds. 21. To make gifts, unlimited in amount, as fully and completely as I myself may make gifts if personally available to make such gifts, as set forth below, either outright or in trust, whether irrevocable or revocable, or, in the case of minors, in accordance with the Uniform Gifts to Minors Act and, for gifts made in trust, to execute a deed of trust for such purpose designating one or more persons, including my Agent, as original or successor trustees. This power includes the right to make additions to an existing trust and does not require my Agent to treat the donees equally or proportionately and may entirely exclude one or more permissible donees. The pattern followed on the occasion of any such gift (or gifts) need not be followed on the occasion of any other gift. (or gifts). The power to make~tifts shall be limited to my spouse and lineal descendants and any organization described in IRC Section 501(c)(3). I further authorize gifts made pursuant to IRC Section 2503(e) for the tuition or medical care of any listed permissible donee to the extent that any such gift is excluded as a qualified transfer. My Agents and the donee of the gift shall be responsible as equity and justice may require to the extent that a gift made by my Agents is inconsistent with the prudent planning of my estate or financial management of my property, or with my known or probable intent with respect to the disposition of my estate. The ability of my Agents to make gifts of my property shall be limited by and shall only be made in conformity with my pre- nuptial agreement, if any such agreement exists. 22. To execute a deed of trust, designating one or more persons (including my Agent) as original or successor trustee(s) and to transfer to the trust any or all property owned by me as my Agent may decide. The income and principal of the trust may, but need not, be distributable to me or to the guardian of my estate, or be applied for my benefit, and upon my death, any remaining principal or unexpended income of the trust may, but need not, be distributed to my estate. Furthermore, this trust or deed of trust may be amendable or revocable at any time by me or my 5 Agent, or the trust or deed of trust may be irrevocable by me or my Agent; 23. To add at any time, any or all of the property owned by me to any trust in existence for my benefit when this power was created. The income and principal of the trust may, but need not, be distributable to me or to the guardian of my estate or be applied for my benefit during my lifetime and upon my death any remaining principal and unexpended income of the trust may, but need not, be distributed to my estate; 24. To withdraw and receive the income or corpus of any trust over which I may have a right of withdrawal, and to request and receive the income or corpus of any trust with respect to which the trustee thereof has the discretionary power to make distributions to me or on my behalf, and to execute a receipt and release or a similar document for the property so received; 25. To convey or release any contingent or expectant interests in property, marital property rights, and any rights of survivorship incident to a joint tenancy or a tenancy by the entireties; 26. To elect to take against the will and conveyances of my spouse after death; to di sclaim any interest in property which I am required to disclaim as a result of such election; to retain any property which I have the right to elect to retain; to file petitions pertaining to the election, including petitions to extend the time for electing, and petitions for orders, decrees, and judgments; and, to take all other necessary actions to effectuate the election; 27. To accept and acquire or release and disclaim on my behalf any interest in property acquired by intestate, testate or inter vivos transfer, including the release or disclaimer, or acquisition of any interest in property through the exercise or surrender of any right to revoke a revocable trust; 28. To continue any fiduciary positions to which I have been or may be appointed including (but not limited to) personal representative, trustee, guardian, Agent, and officer or director of a corporation or political or governmental body; and, to resign such positions in which capacity I am presently serving or to which I may be appointed; 29. TO HAVE THE AUTHORITY TO GIVE CONSENT FOR, AND AUTHORIZE, SUCH MEDICAL AND SURGICAL PROCEDURES AND TREATMENT (INCLUDING LIFE- SUSTAINING TREATMENT), TO BE PERFORMED ON ME AND TO AUTHORIZE, ARRANGE FOR, CONSENT TO, WAIVE AND TERMINATE ANY AND ALL MEDICAL AND SURGICAL PROCEDURES AND TREATMENT (INCLUDING LIFE-SUSTAINING TREATMENT) ON MY BEHALF, INCLUDING THE ADMINISTRATION OF DRUGS OR TO WITHHOLD SUCH CONSENT; PROVIDED THAT ANY LIVING WILL WHICH I MAY HAVE THEN IN EFFECT SHALL TAKE PRECEDENCE OVER THIS PROVISION; 6 30. To arrange for my entrance into and care at any hospital, nursing home, health center, convalescent home, retirement home, or similar personal care, sheltered care, intermediate care, or skilled nursing facility; and, to pay all costs for my care as my Agent, based on medical advice, determines in good faith to be necessary and for my well-being; 31. To employ lawyers, investment counsel, accountants, physicians, dentists and other persons to render services to me or my estate and to pay the usual and reasonable fees and compensation of such persons for their services; 32. To direct the conveyance, transfer, or delivery of my mail, including, letters, bills, packages, and correspondence, of whatever rate, type or kind, with such power as may be necessary to receive such correspondence, change the address for delivery of such correspondence, or otherwise act in my stead with the federal Postal Service or other institution handling correspondence; 33. To obtain health information on behalf of the principal, including an accounting of health care and information disclosures, and to enforce my rights regarding health care and information through all means including, but not limited to, filing complaints and appropriate appeals, to the maximum extent permitted by 45 C.F.R. 164.502(g) such that my agent and Agent shall be considered to act fully in my place for all issues concerning health care coverage, insurance, and information under the Health Insurance Portability and Accountability Act of 1996, as amended. 34. To the extent not otherwise effectively provided in the introductory paragraph of this Power of Attorney, to appoint and substitute under himself and themselves, one or more substitute or successor Agents for any or all the purposes herein described, pursuant to Pennsylvania Consolidated Statutes Title 20, Section 5602(b)(3) or the corresponding provision of any subsequent state law. Accordingly, A. Except as my Agent may waive any fees, my Agent shall be entitled to receive for services actually performed hereunder his normal and customary charge for performing similar services during the time the services are performed. B. This Power of Attorney may be accepted and relied upon by anyone to whom it is presented until such person either receives written notice of revocation by me or leas actual knowledge of my death or the revocation of this Power of Attorney. C. All actions of my Agent pursuant to this Power of Attorney during my absence or any period of my disability or incapacity shall have the same effect and inure to the 7 benefit of and shall bind me, my heirs, distributees, legal representatives, successors and assigns, as if I were present, and competent and not disabled, and for the purpose of inducing anyone to act in accordance with the powers I have granted herein, I hereby represent, warrant and agree that, if this Power of Attorney is terminated or amended for any reason, I and my heirs, distributees, legal representatives, successors and assigns will hold such party harmless for any loss suffered or liability incurred by such party while acting in accordance with this Power of Attorney prior to that party's receipt of written notice of any such termination or amendment. D. I revoke all prior General or Durable Powers of Attorney that I may have executed and I retain the right to revoke or amend this Power of Attorney and to substitute other Agents in place of the Agent appointed herein. Amendments to this Power of Attorney shall be made in writing by me personally (not by my Agent) and they shall be attached to the original of this Power of Attorney. E. Pursuant to Pennsylvania Consolidated Statutes Title 20, Section 5604(c)(2) or the corresponding provision of any subsequent state law, if incapacity proceedings for my estate or my person are hereafter commenced, I hereby nominate, constitute and appoint the above-described Agent as the guardian of my estate and my person. If and in the event that my Agent predeceases me, or does not complete the duties of my true and lawful Agent, then and in such event, I hereby nominate, constitute and appoint the above-described Successor Attorney(s)-in-Fact as the guardian of my estate and my person. F. I understand that this Power of Attorney is an important legal document. Before executing this document, my attorney-at-law explained to me the following: (1) This document provides my Agent with broad powers to dispose of, sell, convey and encumber my real and personal property; (2) The powers granted in this Power of Attorney will become effective upon the execution of this document and will exist for an indefinite period of time unless I limit their duration by the terms of this Power or revoke this Power. These powers will continue to exist notwithstanding mysubsequent disability or incapacity; and (3) I have the right to revoke or terminate this Power at any time. G. Questions pertaining to the validity, construction and powers created under this Power of Attorney shall be determined in accordance with the laws of the Commonwealth of Pennsylvania. Where herein used, the plural shall include the singular, and the singular shall include the plural. 8 IN WITNESS WHEREOF, and intending to be legally bound hereby, I have signed this Durable Power of Attorney, this ~7o•'`~clay of January, 2009. (SEAL) ~~~ ©~ THEODORE TH MA R On this ~ day of January, 2009, the above-named, THEODORE THOMAS NIINER, in our presence declared the preceding instrument, as well as the Notice of the Principal and the Acknowledgment by the Agent, together consisting of this and ten (10) other typewritten pages, to be his Power of Attorney, and we, in the presence of the above-named THEODORE THOMAS MINER, and in the presence of each other, at the request of him, have subscribed our names as witnesses. Witnes s Signature L~~f-~-G- s~~i~rG~, Witness's Name (print) ' Witness's Signature C ~~ G. ~ ~R-{'~ Ili ~~4 /l.) Q Witness's Name (print) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the~0~~ day of January, 2009, before me, a Notary Public, the undersigned officer, personally appeared THEODORE THOMAS NIINER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Power of Attorney, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. COMMONWEALTH OF PEi•dNSYLVANIA Notaries Seal Teri L Walker, Notary Public Lemoyne Boro, Cumberland County My Commission Expires Jan. 20, 2011 Member, Pennsylvania Association of Notaries J ~. y . Notary Public ACKNOWLEDGMENT EXECUTED BY PRIMARY AGENT AN AGENT SHALL HAVE NO AUTHORITY TO ACT AS AGENT UNDER THIS POWER OF ATTORNEY UNLESS THE AGENT HAS FIRST EXECUTED AND AFFIXED THIS ACKNOWLEDGMENT TO THE POWER OF ATTORNEY DOCUMENT: I, GERALDINE L. NIINER, 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: 1. I shall exercise the powers for the benefit of the principal; 2. I shall keep the assets of the principal separate from my assets; 3. I shall exercise reasonable caution and prudence; 4. I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal. ~GERALDINE L. MINE A ent Date g to ACKNOWLEDGMENT EXECUTED BY SUCCESSOR AGENT A SUCCESSOR AGENT SHALL HAVE NO AUTHORITY TO ACT AS AGENT UNDER THIS POWER OF ATTORNEY UNLESS THE SUCCESSOR AGENT HAS FIRST EXECUTED AND AFFIXED THIS ACKNOWLEDGMENT TO THE POWER OF ATTORNEY DOCUMENT: I, MICHAEL W. MINER, 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: 1. I shall exercise the powers for the benefit of the principal; 2. I shall keep the assets of the principal separate from my assets; 3. I shall exercise reasonable caution and prudence; 4. I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal. MICHAEL W. MINER, Successor Agent Date 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: GERALDINE L. MINER, being duly sworn according to law, deposes and says that the facts set forth in the foregoing petition are true and correct to the best of her knowledge, infiormation and belief. l further attest as follows: i , i hereby consent to act with Michael W. Miner as plenary guardians ofthe estate and person of my husband, Theodore Thomas Miner. 2. [now reside at 7 Riddle Road, Camp Hill PA 1701 1. I am employed by AHEDD as an Employment Specialist. 4. I am a citizen of the United States of America, and I can speak, read and write the English language. 1 have no interest adverse to my husband, Theodore Thomas Miner, the alleged incapacitated person. ,~~ ~- .- GERALDINE L. MINER Sworn to and subscribed before me this ZO day of ~ j ~ n.- ~ .2012. tart' Public COMMONWEALTH CAF pENNg'FL~iANI NOTARIAL SEAL JASON WIRTH, Notary Public Camp Hill Boro, Cumberland County My Commission Expires August 16, 2015 STATE OF '~/~,/~ S-k- ~ ~ ~~ ~ ^ ~ ~ COUNTY OF ~,c,~~~.k..~.~ SS: MICHAEL W. MINER, being duly sworn according to law, deposes and says that the facts set forth in the foregoing petition are true and correct to the best of his knowledge, information and belief. I further attest as follows: 1. 1 hereby consent to act with Geraldine L. Miner as plenary guardians of the estate and person of my father, Theodore Thomas Miner. 2. I now reside at 1013 Pine Road, Charleston WV 25314. 3. I am employed by Baltimore Life as a Sales Manager. 4. I am a citizen of the United States of America, and I can speak, read and write the English language. 5. I have no interest adverse to my father, Theodore Thomas Miner, the alleged incapacitated person. ~ !"~,{,- (i 1 / ~ ~-t MICHAEL W. MINER Sworn to and subscribed before me this G day of _~'J i'l.A., , 2012. Notary P{iblic ~, Ottk~al Seal NOaryPaMic, Stets ~ WeatVMDYi a ~ CHERYL!#Lt.MB! 1004 Bildge Nd ~.,,, „. ~,,. d~erleaton, WV 25114 Mq Commission Expires Oct. i ~ 2019 CONSENT TO APPOINTMENT OF PLENARY GUARDIANS i, JESSICA MINER, being the daughter of Theodore Thomas Miner, and having been notified of the petition to adjudicate him an incapacitated person and to appoint guardians of his estate and person, hereby consent to the appointment of Geraldine L. Miner and Michael W. Miner as plenary guardians of the estate and person of Theodore Thomas Miner, to serve without bond. ~-, __~~??~ 5SICA MINER STATE OF I`~ ~ ry `~ ~`°C COUNTY OF ~ ~ ~ ~- ~C rv ~ ~Ce SS: On this, the ~ day of , 2012, before me, aNotary Public, the undersigned officer, personal ly appeared JESSICA MINER , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public SHEfLA R DAVIS NOTARY PUBLIC ANNE ARUNDEL COUNTY MARYLAND MY COMM19810N EXPIRES JULY WTH 101b