HomeMy WebLinkAbout08-03-12 r.a
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Andrew C. Sheely, Esquire ~ -;3
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127 S. Market Street ff'~ _ f7
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P.O. Box 95
Mechanicsburg, PA 17055 ~`~^ ~~,=YJ ~
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PA ID NO. 62469 '~Y£'`~ " " r'~ C.~)
717-697-7050 (Phone) -
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717-697-7065 (Fax) ~ - ""' _ ~-
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IN RE: IN THE COURT OF COMMON PLL~AS OF c.,
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES E. KAUFFMAN, Petitioner
ORPHANS COURT DIVISION
BARBARA MURRAY and RICHARD
SMITH, Respondents .
NO. 21-12- G$~C.~
PETITION TO RETURN PETITIONER'S ASSETS AND BANK ACCOUNTS
EXCEEDING $257,000.00 AND CITATION TO SHOW CAUSE WHY AN
INVENTORY AND-ACCOUNTING SHOULD NOT BE FILED, SURCHARGE IMPOSED ,
TOGETHER WITH OTHER RELIEF
Petitioner, James E. Kauffman, an adult individual, by and
through counsel of Andrew C. Sheely, Esquire, hereby petitions
upon valid information and belief, as follows:
THE PARTIES
1. Petitioner, James E. Kauffman, is an adult individual
residing at 4905 East Trindle Road, Room 95, Mechanicsburg,
Hampden Township, Cumberland County, Pennsylvania.
2. Respondent Barbara Murray is an adult individual
residing at 107 Hollow Lane, Dillsburg, York County,
Pennsylvania.
3. Respondent Barbara rlurray is the step-daughter of
Petitioner.
4. Respondent Richard Smith is an adult individual
residing at 1417 Morningside Drive, Silver Spring, Maryland,
20904-1533.
~ ,
5. Respondent Richard Smith is the step-son of Petitioner.
6. Respondent Barbara Murray and Respondent Richard Smith
were appointed Petitioner's Powers of Attorney on October 15,
2008. A copy of the Power of Attorney dated October 15, 2008 is
attached hereto as "Exhibit A".
JURISDICTION
7. The Court has jurisdiction over this matter pursuant to
20 Pa. Cons. Stat. Section 711 (22) which provides that this
Honorable Court had jurisdiction over all matters pertaining to
the exercise of agents acting under powers of attorney as
provided in Chapter 56 of the Pennsylvania Probate, Estates and
Fiduciaries Code.
8. 20 Pa. Cons. Stat. Section 5610 provides that all
accounts shall be filed in the county where the Principal
resides.
9. Respondents, as agents appointed through a Power of
Attorney document, are obligated to exercise the power on behalf
of the Principal, keep assets separate from those of
Respondents, and keep a full and accurate record of all actions,
receipts, disbursements on behalf of a Principal (an
"Accounting").
10. Jurisdiction is conferred upon this Court to address
the property raised issues herein pursuant to 20 Pa. Cons. Stat.
Section 711 (17) Title to Personal Property and 20 Pa. Cons.
Stat. Section (20) Inheritance Tax_ and Estate °Paxes and 20 Pa.
Cons. Stat. Section 712 (3).
FACTS AND ALLEGATIONS
11. Petitioner is 88 years of age having been born on July
5, 1924.
12. Petitioner suffers From a variety of medical
conditions and is under the care and supervision of Patrick
Ratnasamy, M.D. for dementia related issues.
13. Petitioner understands the extent of his estate, his
source of incomes, his ownership of real estate and personal
property and his family relations.
14. At all relevant times herein, Petitioner was competent
to negotiate checks, make decisions concerning his bank
accounts, determine his living accommodations and make personal
decisions as to his personal welfare.
15. Petitioner maintained a checking accoun±, a savings
account and various certificates of deposit at the Members 1St
Federal Credit Union in total amounts exceeding Two Hundred
Sixty-Four Thousand Seven Hundred Twenty Dollars ($264,720.00)
as of January 24, 2012. A copy of Petitioner's Members 1St
statement of account balances dated January 24, 2012 is attached
hereto as Exhibit "B".
3
16. Petitioner's checking account, savings account and
certificates of deposit were titled in Petitioner's name alone
through July 3, 2012.
17. Petitioner resided with Respondent Barbara Murray
through late June of 2012 when Petitioner advised Respondent
Murray that Petitioner intended to move into a separate
independent residence from Respondent Murray's home.
18. Petitioner maintained various items of personal
property, a safe, his motor vehicle, a 2008 Buick and certain
Estate planning documents at Respondent Murray's residence.
19. As a result of difficulties and disputes regarding
Petitioner's lifestyle and assets with Respondents, Petitioner
met with James M. Bach, Esquire, on July 3, 2012 and executed a
revocation of Power of Attorney document dated July 3, 2012.
20. The Revocation of Power of Attorney document was
directed to Respondents on July 3, 2012. A copy of the
Revocation and correspondence are attached hereto as Exhibit
„C„.
21. On July 3, 2012, Respondents liquidated Petitioner's
bank accounts and certificates of deposits at Members 1st
Federal Credit Union and transferred all of Petitioner's
Members 1St funds (with the exception of $5.00) to an account
titled solely in Respondents names at Metro Bank in Camp Hill,
Cumberland County, Pennsylvania. A copy of the July 3, 2012
4
check No. 0000729352 issued by Member 1st Federal Credit Union
in the amount of $261,894.14 and endorsed by Respondents is
attached hereto as Exhibit "D".
22. Petitioner believes and therefore avers that
Respondents were not cautious or prudent in their actions by
using the Power of Attorney document to transfer Petitioner's
entire life's savings to a different bank into an account solely
titled in Respondents names.
23. Respondents' actions were not authorized in advance by
Petitioner and have caused Petitioner to suffer financial harm
by liquidating certificates of deposit prior to maturity.
24. Upon discovering the location of the transferred
funds, Counsel for Petitioner and Petitioner contacted Metro
Bank located in Camp Hill, Pennsylvania, and requested that
Metro Bank freeze any transfers from the account titled in the
names of Respondents pending authorization from Petitioner.
25. Following a conference call with Peter Russo, Esquire,
counsel for Respondents, Tim Hoy, Esquire, Counsel for Metro
Bank, and Andrew C. Sheely, Esquire, counsel for Petitioner, it
was agreed that Metro Bank would monitor the account in
Respondents' name to prevent further distributions or withdraws
pending determination of the issues raised in this Petition.
5
26. Petitioner has significant concerns as to the
transfers from his Members lst accounts to the Metro Bank account
caused by Respondents without his consent or authorization.
27. The Principal, Petitioner, Petitioner's creditors and
other potential beneficiaries of Principal's Estate will be
prejudiced if Respondent does not return Petitioner's assets in
full, file an inventory and provide an Accounting as required by
law.
28. The Principal, Petitioner, has been prejudiced by the
self-serving actions of Respondents who took all of Petitioner's
savings and cash accounts and who refuse to return or make
accessible Petitioner's motor vehicle, his safe and his personal
property which remains at Respondent Murray's residence.
29. At all relevant times herein, Respondents exceeded
their authority as Petitioner's Powers of Attorney, used
Petitioner's assets for the own benefit by placing Petitioner's
assets in Respondents names and by refusing to allow Petitioner
access to his personal items at Respondent Murray's residence
after Petitioner moved to Country Meadows.
30. Petitioner believes and therefore avers that
Respondents motives in transferring Petitioner's assets to
Respondents' names were for self-serving reasons intended to
deprive Petitioner of his use, control and disposition of his
bank accounts and certificate of deposits.
6
31. Petitioner has incurred unnecessary attorney fees and
court costs as result of filing the instant Petition which could
have been avoided absent Respondent's self serving and imprudent
actions associated with the transfer and loss of Petitioner's
assets and life's savings.
RELIEF
WHEREFORE, Petitioner respectfully request that:
A. The Court Order Respondents to return all money and
funds to Petitioner, said money and funds presently held in
Respondents names at Metro Bank, together with interest from the
date of the initial transfer;
B. That the Court Order Respondents to prepare and file
with this Honorable Court an accounting for their actions
completed under the Power of Attorney document from October 15,
2008 until July 3, 2012 in a form that satisfies the
requirements of the Probate and the Fiduciary Accounting
standards as required by Cumberland County Orphans Court Rules;
and
C. The Court Order that Respondents permit Petitioner to
obtain all of his personal contents, his motor vehicle, his
safe, his estate planning documents and related personal items
from the residence of Respondent Barbara Murray; and
D. The Court. Order that Respondents not dispose of any
assets and must account for any and a11. assets that they have
7
procured or are in their possessions belonging to Petitioner
whether via alleged gift or other farm; and
E. The Court Order that Respondents produce their entire
files and any copies of all documents in their possession
relating to Petitioner's estate, including but not limited to
all prior tax returns, any and all certificates of deposit, all
bank and checking records, a1J_ deeds, receipts associated
therewith and ancillary financial information without limitation
intended; and
F. The Court Order that Respondents reimburse Petitioner
for all penalties, charges or fees imposed by Members lst Bank in
association with Respondents cashing Petitioner's Certificates
of Deposit prior to maturity; and
G. The Court surcharge Respondents and direct that
Respondents pay and assume Petitioner's counsel fees at the rate
of $150.00 per hour; and
H. The Court Order other relief as the Court deems proper.
i
Date: August ~ ,2012
Respectfully submitted,
An rew C. Sheel squire
Attorney for the Petitioner
James E. Kauffman
PA ID No. 62469
P.O. Box 95
127 S. Market Street
Mechanicsburg, PA 17055
717-697-7050
8
VERIFICATION
I verify that the statements made in this Petition are true
and correct. I understand that false statements herein are made
subject to penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
Date: August 3, 2012 ~ /
J es E. Kauffma
POWER OF ATTORNEY
NOTICE
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE
PERSO?`1 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
POV~'ERS ARC EXER'~ISED, YOUR AGE?vTT ~~UST USE DUE C 1 RE TO
ACT FOR YOUR BEriEFIT 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.
AMES E. KAUFFMAN, Principal Date
LAW OFFICES
SNELBAKER BC
BRENNEMAN. F.C.
KNOW ALL MEN BY THESE PRESENTS, that I, JAMES E. KAUFFMAN, of the
Township of Carroll, York County, Pennsylvania, have made, constituted and appointed and by
these presents do make, constitute and appoint RICHARD SMITH and BARBARA MURRAY.
my true and lawful attorneys and agents, for me and in my name, place and stead;
To draw checks or make withdrawals against my accounts in any bank, trust company,
savings association, savings and loan association, credit union or other financial institution for
all or any part now or hereafter deposited, of the money standing to my credit on the books
thereof.
2.
To endorse notes, checks, drafts and bills of exchange which may require my
endorsement for deposits as cash or for collection.
-,
~.
To ask, demand, sue for and receive all sums of money and securities now due or which
may become due and payable to me in any manner whatsoever, and upon receipt of the same to
sign, seal, execute and deliver all necessary acquittances and discharges therefor.
4.
To manage, let and demise any real estate now belonging or which hereafter may
belong to me.
5.
To grant, bargain, sell and convey in fee simple by deed of General or Special
Warranty, for such price or prices, upon such terms and conditions, and to such person or
persons as they may see fit, all or any part of the real estate which I now own or may own at
any future time wherever situate.
6.
To sell, either at public or private sale, or exchange all or any parts of my personal
property, wheresoever located, for such consideration and upon such terms as they shall see fit.
and to execute and deliver good and sufficient bills of sale or other instruments for the
conveyance or transfer of the same, with such covenants of warranty as they shall see fit.
-2-
LAW OFFICES
SNELBAKER SC
BRENNEMAN, P.C.
~.
To sell, assign and transfer any stock, bonds, loans or other securities now standing or
that may hereafter stand in my name on the books of any and all corporations, national, state,
municipal or private; also to represent me and in my behalf to vote and act for me at all
meetings connected with any company in which I may own stock or bonds or be interested ir_
any way whatever; to collect receipt for ali interest and dividends on loans, stocks or other
securities, now or hereafter belonging to me.
8.
To receive the principal and interest due or. any judgments, bonds, mortgages or other
obligations gi~•en. to me by any person or persons, natural or artif cial, who have heretofore or
shall hereafter secure the payment of the same by any judgment, bond, mortgage or other
obligation, and said judgment, bond, mortgage or other obligation shall heretofore or may
hereafter be entered of record in the Office of the Prothonotary or of the Recorder of Deeds and
Mortgages or of the Clerk of Courts in and for any County in the State of Pennsylvania, as well
as in and for any other County of any State in the United States of America; and on the receipt
of said principal, interest and costs due on said judgment, bond, mortgage or other obligation,
appear for me and in my name acknowledge and enter satisfaction in whole or in part by
instrument in writing or on the margin of the record of said judgment or mortgage, or to assign
the same by instrument in writing or on the margin thereof to any person or persons paying to
my said attorneys-in-fact the interest or principal due thereof and thereon; and also by
instrument in writing or on the margin of the record thereof or otherwise, to release from the
lien of any judgment, mortgage or other lien standing in my name as above described, with or
without consideration, any portion of the premises described or bound by said mortgage,
judgment or other lien; to extend due dates of judgments and mortgages and other liens of
record, and to postpone liens thereof to others, on the record thereof or by instrument in
v~Titing.
9.
To open and enter any and all safe deposit boxes rented by me at any banking
institution, and to deposit articles therein and to remove articles therefrom.
10.
To authorize medical and surgical procedures.
To authorize my admission to a medical, nursing, residential or similar facility, and to
enter into agreements for my care.
LAw or~icES II -3-
SNELBAKER SC
BRENNEMAN. F.C.
12.
To do and perform generally all matters and things, transact all business, make, execute,
acknowledge and deliver all contracts, deeds, writings, assurances and instruments which may
be requisite or proper to effectuate any matter or thing appertaining or belonging to me.
With the same powers, and to all intents and purposes with the same validity as I could
if personally present; hereby ratifying and confirming whatsoever my said attorney shall and
may do, by virtue hereof.
This power of attorney shall not be affected by the disability or incompetency of the
principal; it being my intention that tl~e authority conferred hereby on my attorneys-in-fact shall
be exercisable notwithstanding my subsequent disability or incompetency.
IN WITNESS WHEREOF, I have hereunto set my hand and seal and hereby
signify my intention to be legally bound, this ~~ day of October, Two Thousand Eight
(2008).
WITNESSED BY:
/ EAL
JAMES E. KAU MA
-4-
LAW OFFICES
SNELBAKER SC
BRENNEMAN, P.C.
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND 1
On this, the~5'~ day of ~~0~~(; 2008, before me, a Notary Public in and for the
aforesaid County and Commonwealth personally appeared JAMES E. KAUFFMAN, known to
me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Power
of Attorney, and acknowledged that he executed the same of his own volition and free will, and
for the purposes therein contained.
WITNESS my hand and official seal the day and year aforesaid.
CaP,1^.1^v~i~:~r`~~TI-i o~ Pc?Jhi;YLV,1'~IA %'; ~ ~- ,.-'~
Notarial Seal ~ .
! -^-
~usan L. Matr•~ai, Nc±ary Public
I M~;haniosburg 8c; j, CumLertand Camty ~ . ~ ~ ~
My Commission ~:;;ir~, n~o,.. za, nip Notary Public
.,:~., ~~'-- c::,,-~~ _._ ....~_ _lof R., mil^..
ACKNOWLEDGEMENT BY AGENT
I, RICHARD SMITH, 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 sizall keep the assets of the principal separate from my assets.
I shall exercise reasonable caution and pn>.dence.
I shall keep a full and accurate record of all actions, receipts and disbursements on
be f of he pri c• a~
k ` ' .' ~
RIC ARD SMITH Date
-5-
LAW OFFICES
SNELBAKER &
BRENNEMAN. P.C.
a ~
ACKNOWLEDGEMENT BY AGENT
I, BARBARA MURRAY, 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.
-,
.~, -,
BARBARA MURRAY /f
O~'! ~~v
Date
-6-
LAW OFFICES
SNELBAKER &
BRENNEMAN. F.C.
At a Glance Statement
Page 1 of 1
~~~~ 1~ ,
1~EDERAL ~REDFT UNION
Account Number: 0000002037 Name: JAMES E KAUFFMAN
MLR Level: Titanium Member Since: 10/01/1974
MLR Primary: NO E-Mail:
PRODUCTS
REGULAR SAVINGS
CHECKING
PRODUCTS BALANCE:
TOTAL BALANCE:
SERVICES
Balance Rate Maturity Date
$ 5.00 . 00%
--/--/-
$ 0.00 . 00%
-/-/--
$ 5.00
$ 5.00
AVERAGE MONTHLY BALANCE
Non-IRA Shares Jun 2012 May 2012
REGULAR
SAVINGS ~ 203,021.42 $ 194,868.76
CHECKING $ 4,094.67 $ 5,114.98
Apr 2012
$ 175,332.67
$ 24,326.38
Mar 2012 Feb 2012 Jan 2012
$ 164,575.98 $ 161,437.34 $
102,568.63
$ 36,361.07 $ 37,688.24 $
36,899.12
file:!/C:1ProgramDatalJack Henry and AssociarPC1R,,; ~~~ Fem.. ~xr,,,,~,,.,,.,~ LJT~ dT 5 T TTw .~ ~ >. _ ,_ _ ._ _ _ _
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8
MEMBERS 1St
FEDERAL CREDIT UNION
W
N
V
0
Send Inquires to:
5000 Louise Orive
PO Box 40
Mechanicsburg, PA 17055
www.memberslst.org
Main Switchboard: (800) 283-2328
EZ Call: (717) 697-4372 or (800) 283-4372
TDD: (717) 697-5312 or (800) 283-2328 ext. 5372
TeleBranch: (800) 237-7288
Statement of Accounts
Jun 25, 2012 thru Jul 24, 2012
Account Number: 2037
Balances at a
Checking
Savings
Certificates
Loans:
Money Manac
Swipe 5 YTD
Glance
30.00
35.00
0.00
0.00
lement: 0.00
Reward : 0.00
4916 1 AV 0.350 17011-4916
I~~~III~~~III~~~~I~I~II~~~~~II~~II~~~II~~~~I~11~1,~I~I~~~~I~II
JAMES E KAUFFMAN
4905 E TRINDLE RD, RM 95
MECHANICSBURG PA 17050
Your current Member Loyalty Rewards level is Titanium.
You can now deposit your checks using a mobile device!
See the enclosed insert for more details.
Page : 1 of 4
CHECKING ACCOUNTS
0011 -CHECKING
Date Transaction Descriation Additions Subtractions Balance
Jun 25 Balance FonHard 1,672.54
Jun 28 Deposit Transfer From Share 0000 5,000.00 6,672.54
Jun 28 Check 002712 Tracer 0001120999 808.00- 5,864.54
Jun 29 Deposit Transfer From Share 0000 2,000,00 7864 r~
Jun 29 Deposit Transfer From Share 0000 1,000.00 g,g64.54
Jun 29 Withdrawal 1000 00- 7864 54
Jun 29 Check 002681 Tracer 5137097211 25.99- 7838 55
Point of Purchase Check - KMART
Terminal City & State - MECH PA
TYPE: PURCHASE ID: 9043504275 DATA: TELECHK 800-697-9263
Jun 30 Deposit Dividend 0.100% 0.34 7838 89
Annual Percen~ge YAeAd Famed 0. 100990 from Gls/0>/2lJ>2 t/trough AS/30/20>2
Based on Average, Dam Balance of 4, 094.66
Jul 02 - ---
Deposit Transfer From Share 0000
3,142.64
10,981.53
Jul 03 Deposit Transfer From Share 0000 514.00 11 495 53
Jut 03 Withdrawal Transfer To Share 0000 10,99;1.53- 500.00
Jul 03 Check 002714 Tracer 0001313327 75.00- 425
00
Jul OS Check 002713 Tracer 0001735612 4,00 ~_ .
~ ~
Jul 06 Check 002589 Tracer 0001110863 75.00_ 50 00-
Jul 06 Withdrawal Courtesy Pay fee ~ 00_ ~ ~_
Jul 13 Deposit by Check 83.00 000
Jul 23 Deposit 30.00 30
00
Ju/ 24 Ending Balance .
30.00
TotaC for
this period Total
year-to-date
Total Overdraft Fees 33,00 33.00
Total NSF Fees 0.00 p 00
--- Continued on following page ---
~~gt 5end Inquires to: Main Switchboard: (800) 283-2328
5000 Louise Drive EZ Call: (717) 697-4372 or (800) 283-4372
Po sox ao Jun 25, 2012 thru Jul 24, 2012
Mechanicsburg, PA 17055 TDD: (717) 697-5312 or (800) 283-2328 ext. 5312 nOls-4916 Account Number: 2037
~s t• TeleBranch: (800) 237-7288 page : 2 of 4
www.memberslst.org
CHECK SUMMARY
Check # Amount Date Check # Amount Date
002589 75.00 Jul C6 002713 400.00 Jul 05 -
002681"
25.99 Jun 29
002714
75.00 _
Jul 03
002712' 808.00 Jun 28
' Asterisk next to number ind~tes skip in number sequence
~. 5 Checks C/eased fog >, 38.?. 99 _
N
W SAVIN
N
GS ACCOUNTS
0000 -REGULAR SAVINGS
0
Date Transaction Description Addiiti~ons Subtractions Balance
Jun 25 Balance Forward 210,160.47
Jun 28 Withdrawal Transfer To Share 0011 5,000.00- 205,160.47
Jun 29 Withdrawal Transfer To Share 0011 2,000.00- 203,160.47
Jun 29 Withdrawal Transfer To Share 0011 1,000:00= 202,160.47
Jun 30 Deposit Dividend 0.250%0 41.72 202,202.19
Annual Percentage Yre/d Famed 0.250Yo firm. Q6/O1/20>2 through GIs/30/2012
Jul 02 Deposit ACH XXCIV SERV 3,142.64 205,344.83
ID: 3121736156 CO: XXCIV SERV
Jul 02 Withdrawal Transfer To Share 0011 3, 142.64- 202,202.19
Jul 03 Deposit ACH XXSOC SEC 514.00 202,716.19
ID: 3031036030 CO: XXSOC SEC
Jul 03 Withdrawal Transfer To Share 0011 514.00- 202,202.19
Jul-03 Deposit Transfer From Share 0096 5,401.29 207,603.48
Jut 03 Deposit Transfer From Share 0095 17,210.09 224,813.57
Jul 03 Deposit Transfer From Share 0094 5,124.58 ', 229,938.15
.Jut 03 Deposit Transfer From Share 0093 5,:124.58 235,062.73
Jul 03 Deposit Transfer From Share 0092 5,354.20 240,416.93
Jul 03 Deposit Transfer From Share 0082 10,095.92 ' 250,512.85
Jul 03 Deposit Transfer From Share 0002 390.76 250,903:61
Jul 03 Deposit Transfer From Share 0011- 10,995.53 ' 261,899.14
Jul 03 Withdrawal by Check- 261,894.14- 5.00
Check 00 729352 Disbursed 261,894.14
Jui 23 Deposit 31.09 36.09
Deposit 31.09-Coin Counter
Ju123 Withdrawal 31.09- 5.00
Ju123 Deposit - 30.00 ~r.00
Jul 24 Ending Balance 35.00
0002 -HOLIDAY CLUB
Date Transaction Description Additions Subtractions Balance
_..T 25 ~alanoe~ Forr~i ~ ._________ ___ .._ ------ -
-- _-._ --. _- - _ 400":65
Jun 30 Deposit Dividend 0.300%. 0.10. 400.75
Anneal Percentage Yield Famed 0.30g1b from ~/01/ZOf~ t/tr~righ G16/30/ZLI~>2
Jul 03 Deposit Dividend 0.01 400.78
Annual Pericenbge Yield Earned 0.4E0'~ fmm 07/01/2012 i~irougti 07/31/2!1'12
Jut 03 Withdrawal Transfer,To.Share OOmO 390:76- 10.00
Jul 03 Withdrawal Withdrawal Fee 10;00- 0.00
HOL/DAY CLUB Closed
'•:This is the final statement , this. PEOduct'•'
'•• P/tease retain Ghrs firm/ s~f 1~r'. t~ g'~;~rirpbses •••
CERTIFICATE. ACCOl1NfiS
0082 -15 AIIONTH CERT
Date Transaction Description Additions Subtractions Balance
Jun 25 Balance Forward 10.,150.07
Jun 30 :Deposit Dividend 1.340% 11.18 10,161.25
Annual Penaeni~e Y~ei(d Famed >.350r'b from Gls/0>/21112 through AS/30/21111
Jal 03 Deposit Dividend 0.75 10,162.00
--- Continued on reverse side ---
St Send Inquires to: Main Switchboard: (800) 283-2328
~~" 5000 Louise Drive EZ Call: (717) 697-4372 or (800) 283-4372 JUn 25, 2012 thru JUI 24, 2012
PO Box 40 TDD: (717) 697-5312 or (800) 283-2328 ext. 5312 17013-4916 Account Number: 2037
Mechanicsburg, PA 17055 TeleBranch: (800) 237-7288
MEMB,~RS„„1" www.memberslst.org Page: 3 of 4
Date Transaction Descri tion Additions Subtractions Balance
Annual Percentage Yield Earned 1.36016 from 07/01/2012 through 07/02/2012
Jul 03 Withdrawal Transfer To Share 0000 10,162.00- 0.00
15 MONTH CERT Closed
"*This rs the Tina/ statement presenting infumtation on this product"'
"' P/ease retain this final statement for tax reporting purposes "'
Penalties Assessed Year to Date 66.08
0092 -15 MONTH CERT
Date Transaction Descri lion Additions Subtractions Balance
Jun 25 Balance Forward
48
5 5,380.97
386.45
5
Jun 30 Deposit. Dividend 1.240% . ,
Annual Percentage Y"field Earned 1.250% from A6/O1/2012 through 06/30/2012
Jul 03 Deposit Dividend 0.37 5,386.82
Annual Percentage Yde/d Earned 1.150"/o from 07/01/2012 through 07/02/2012
Jul 03 Withdrawal Transfer To Share 0000 5.386.82- 0'00
__. _ . _ ~ M,OIVTH CERT G/osed
"''This ~s the fins/ statement .presenting information on tih~ product"'
f i s Please retain thrs final statement for tax reporting purposes "'
Penalties Assessed Year to .Date 32.62
0093 -1'S MONTH CERT
Date Transaction ~ tion Additions Subtractions Balance
Jun 25 Balance Forward
25
5 5,150.20
5,155.45
Jun 30 Deposit Dividend. `1.240% .
Annual Perr~ntage Yield Famed 1..250% from AS/O1/Z012~ tftrough AB/30/2012
Jul 03 Deposit Dividend A.35 5,155.80
Annt~/ Percentage Yield Famed 1.25016 from 07/01/21012 tihrnugh 07/02/2012
Jut 03' ` Withdrawal Transfer To Share 0000 5,155.80- 0.00
75 MONTH CERT Closed
'..firs s file fmaf statement presenting information on ih~ product"'
„' Please retain his Mina/ statement for tax .reporting Purposes , `•
Pena/ti~s Assessed Year fo Date 31.22
0094 -15 MONTH CERT
Transaction Descr lion Additions Subtractions Balance
5,150.20
Jun 25 Bafanae FonHard 5
25 155.45
5
Jun 30 Deposit Dividend 1.240% . ,
Anrxra/ Percentage Yreld Earned 1.25036 from 06/07/12 thnwgh 06/30/2072
Jul 03 Deposit Dividend 0.35 5,155.80
Annul/ Percentile Y~d Famed 1.25 from 07/01%2,D12 trough 07/02/2012
00
Jul 03 V1/ithdrawal Transfer. To Share 0000 5,155.80- 0.
15 MONTH CERT Closed ~,
•"This is the fma/ statement presi~nting infdnnadl~n on this product"'
' •• P/ease letaa~ this f»a/ statem~t for tax forting Purposes • •
Penalties Assessed Year m Date 31.22
0095 -15 MONTH CERT
~
Date Transaction Descxiation Additions -- Subtractions n
~
_
Jun 25 Balaixae Fonward ~. _ ~ ~ _ 17 , 296
17
.Jun 30 Deposit Dividend. 1.240% r„ 17.63 17,313..80
Anrisua/ Pertaentisge YIeVa~ Famed 1.150% frriiii lX3/D~121112 throuyl- G~~31T/2012
Jul 03 Deposit Dividend.. 1.18 17,314.98
Annual Per+raertti~e Y~ie/d Famed 1.25016 from 07/01/2012 tihrough 07/02/2012
Jul 03 Withdrawal Transfer To Share 0000 17,314.98- 0.00
15 MONTH CERT Closed
"'This cs the final statement presenting ~fom~ation on titers product..'
•,' Please reta~ ti~ fv-a/ sti3tement for tax reporting Purposes ,"
Penalties Assessed Yaar ti7 Date 104.89
- - - Continued on following page - - -
~ Send Inquires to: Main Switchboard: (800) 283-2328
5000 Louise Drive EZ Call: (717) 697-4372 or (800) 283-4372
Po sox ao Jun 25 , 2012 thru Jul 24 , 2012
TDD: (717) 697-5312 or (800) 283-2328 ext. 5312 17014-4916
Mechanicsburg, PA 17055 Account Number: 2037
MEMBIILS~°^• Telesranch: (800) 237-7288
www.memberslst.org Page: 4 Of 4
0096 - 19 MONTH CERT
Date Transaction Description Additions Subtractions Balance _
Jun 25 Balance Forward 5 , 428.38 _
Jun 30 Deposit Dividend 1.240% ~- 5.53 5,433.91
Annua/ Percentage Yield Eamed 1.250' from AS/01/2012 through oG/30/2012
Jul 03 Deposit Dividend ~ 0.37 5,434.28
W Annua/ Percentage Yie/d Eamed 1.250 from 07/01/2012 through OT/02/2012
W Jul 03 Withdrawal Transfer To Share 0000 5,434.28- 0.00
N 19 MONTH CERT Closed
"'This is the flna/ statement presenting information on this product'*'
o "' P/ease retain this flna/ sbtement for tar reponYng purposes ""
Pena/ties Assessed Year to Date 32.99
YTD SUMMARIES
TOTAL DNIDENDS PAID
- --0000 REGTJLAR SAVINGS_ _ _ .207.92 __
0002 HOLIDAY CLUB 0.61
0011 CHECKING 11.98
0082 15 MONTH CERT 68.38
0092 15 MONTH CERT 33.55
0093 15 MONTH CERT 32.12
0094 15 MONTH CERT 32.12
0095 15 MONTH CERT 107.85
0096 19 MONTH CERT 33.85
Total Year To Date Dividends Paid 622.97
NOTE: TotaF includes closed shares
Total Year To Date Penalties Assessed 299.02
Don't forget about our new Member Loyalty Rewards Program.
The more products you have with us, the more benefits you'll receive.
Ask an associate for details or visit our website at www.members4st.org for details.
St send inquires to: Statement Of Accounts
5000 Louise Drive
PO Box 40
~~~~rs ~ ~~~ Dec 25, 2011 thru Jan 24, 2012
Main Switchboard: (800) 283-2328
~ Catt: (717) ss7-x372 or (eoo> 283-4372 Account Number: 2037
~ TDD: (717) 697-5312 or (800) 283-2328 ext. 5312
TeleBranch: (800)237-7288
MEMBERS 1St Balances at a Glance:
~nERaLCx~nrr tnvrorr ~ Checking : 36, 571.18
3129 1 AV 0.350 10737-3129 Savings: 153,247.32
-_ I~~~III~~~III~~~~~~III~I~~~~~IIII~~~~I~~I~~II~II~~~I~~~II~~~II Certificates: 74,902.31
JAMES E KAUFFMAN Loans
W ~ 107 HOLLOW LANE O.00
~,~ DILLSBURG PA 17019-9340 Money Management: p.pp
W = Swipe 5 YTD Reward : 0. pp
o_
~=
Page : 1 of 4
Your current Member Loyalty Rewards level is Titanium.
Want to earn some extra cash? Take advantage of our CASH4U referral
program. Ask an associate for details.
CHECKING ACCOUNTS
0011 -CHECKING
Dtec Z5 Ba/anc~ Fonrab Aaatuons Subtractions Balance
Dec 31 Deposit Dividend 0.100% ~.~1 •~
Annual Perrx~nfagre Yaa/d Eamed 0. 1D10% film 12/01/2011 Ui
rvugri 12/31/201 3.40
1 40 ,205.23
Based on At~erdgr° GZa,1y Balance of 40,QS1.~
Jan 03 Deposit Transfer From Share 0000
Jan 03 Check 002529 Tracer 0002966156 3050 ~
~~~•~
Jan 03 Check 002528 Tracer 0002961495 ~•~- 43,020.18
Jan 23 Check 002530 Tracer 0002354769 6.~-~- 36,655.18
./an 24 ~'r9 ~~ 84.00- 36,571.18
1011 Onxlerids pay ~ . ~ 36 ,571.18
-- - ~ - _ CHECK SUMMARY
_ - _.
002528 6,365.00 Jan 03 Chi` ,~ ~~JlEi1t Date
002529 236.04 Jan 03 °0~ .84.00 Jan 23
3 Checks C/ean~d fx 6, 68.5.04
SAVINGS ACCOUNTS
0000 -REGULAR SAVINGS
Date T
iron
Disc 25
ea/aFonram~ Additions Subtractions Balance
Dec 31 Deposit Dividend 0.250% 1,826.77
Annual Peroeniagre Y,~Id Famed 0.2501b firm .12/01/1011 fh 0 41 1.827.18
irwgli 12/31/2011
Jan 03 Deposit ACH XXSOC SEC
CD: 3031036030 CO: XXSOC SEC 514.00 234,1 18
Jan 03 Deposit ACH XXCIV .BERN
ID: 3121736156 CO: XXCIV SERV 3,150.99 5492 17
Jan 03 Withdrawal Transfer To Share 0002
Jan 03 Withdrawal Transfer To Share 0011 1~•~- 5.392.17
Jan 11 Deposit by Check 3,x•99- 2,341.18
139,9,92.28 142.333.46
,,~ --- Continued on following page _--
St Send Inquires to:
IAain Switchboard;
1
5000 Louise Drive (800) 2832328
.
Po Box 40 ~ can; (7n) ss7-x372 or (800> Zs3a372
PA 17055 TDD: (717) 697-5312 or (800) 283-2328 ext
Mechanicsburg
5312
7 Dec 25, 2011 titrU Jan 24, 2012
,
.
l 1
"°•`°m'•"°" www.memberslstorg TeieBranch: (800) 237-7288 10
39-3319
Account Number: 2037
Page: 2 of 4
Date Transaction ' tion
Jan 17 Deposit Transfer From Share 0053 Additions Subtractions Balance
TRANSACTION DATE - 01/1fi/2012 10,513.71
152,847.17 -
Jan 24 Enddng Balance
2011 Dividends Paid 5.87 152 ,847.17
* ~ 0002 -HOLIDAY CLUB
r1
N
W = Date Transaction ' tion
z„~ Dt~c 25 Ba/anae Forward Additions Subtractions Balance -'
W ~ Dec 31 Deposit Dividend 0.300% 300.07
Annual Perc~en
~ ~ Y~e/d Famed 0.3105 firm 12/01/2011 through 12/31/2011
° 0 - ~ 300.15
= Jan 03 Deposit Transfer From Share 0000
* = Jan 24 Eridarg Balance 100 ~
400.15
2011 Dmidends Paid 1.73 400.15
CERTIFICATE ACCOUNTS .
0053 -18 MONTH CERT _ _
Date Transaction DescxiDtion
Additions Subtractions
Dlac 2S Balance Forward Balance
Dec 31 Deposit Dividend '1.240% 10,`197.30
1 11.06,
Annual Peroen~e Y~e/d Earned 1.260% firm 12/O1/1C111 U~rou
h 12/31/2 10,508.36
g
01
Jan 16 .Deposit Dividend 1.240%
5.35
Annual Periaentage Yield Earned 1.250% from 01/01/2012 8irough 01/15/Z012 10,513.71
Renewed at 0.800°~to mature .07/16/13
Jan 17 Withdrawal Transfer To Share 0000
10,513.71-
TRANSACTION DATE - 01/16/2012 0.00
18 MONTH CERT Closed
•••fiis is U-e Tina/ statement prtsseniti~g ir~firm
a
G'o
n
on fhs praduct,'•
~
y
~
..~
sss P/dse ra9taarl >rl~i5 ~/ statement ft7/' taX "7""'°„J ~//~gES sss
2011 Dri~iden~ds Part 129.44
0079 -15 MONTH CERT Maturity Date -Feb 08, 2012
Date Transaction DescxiDtion Additions Subtractrons
Delc Z'S 6lakanc~ F~ard Balance
Dec 31 Deposit Dividend 1.490% 6 , ,~ 5 , 316.22
Annual Percentagle Yr~4d Earned 1.501t?~b from 12/01/2011 Sirougoh 12/31/2011 5 , 322.95
Jan 24 E~ Bare
2!711 Diyid~s Paved 7$.68 5,322.95
-~'k2---
Date Trar>n
tan
Dec w Ba~aixae Forward Additions Subtractions
Balance
Dec 31 Deposi# Dividend 1:490% 5,316.22
.4nnt~/ Pei-iaenia~le Y~ Earned
1.5016 fmm 1201/1011 65rou
-i 12/31/
9 673 5,322.95
,
~
20
9
.,tan 24 Endbag Balance
2011 Divude~nds Paid - '78.68 • _ 5,322.95
0081 -15 MONTH
E
C
RT Matrarity Dom;: Jun ~0~
_ -
_
Date Trarisadiort • tion .-
Dec. 25 Ba/arme ForwaM - Additions Subtractions
Balance
Dec 31 Deposit Dividend 1.340% 10,094.01
Annual Percenta0le Y~Id Famed 1.35085 finrn 12/01/2011 U 11.49 10 ,105.50
i
Jan 24 ErAdmg ~,~~ 12/31/2!711
2011 DivRderids Pay 105.50 10,105.50
-- - Continued on reverse side - - -
~ Send Inquires to:
1 gppp ~~ ~ AAain Swkchboard: (800) 283-2328
PO i3ox 40 ~ Call: (717) 697-4372 or (800) 283-4372
1" Mechanicsburg, PA 17055 TDB: (717) 697-5312 or (800) 283-2328 ext. 5312 10740-3129
www.memberslst.org TeleBrench: (800) 237-7288
YTD SUMMARIES
TOTAL DNIDENDS PAID
0000 REGULAR SAVINGS 0.00
0002 HOLIDAY CLUB 000
0011 CHECKING 000
,~ 0053 18 MONTH CERT 5.35
W iiiie~s 0079 15 MONTH CERT 0.00
~ 0080 15 MONTH CERT p
00
W
~ 0081 15 MONTH CERT ,
0, 00
~
0082 15 MONTH CERT 0.00
W ~ 0088 6 MONTH CERT 0.00
o ~ 0092 15 MONTH CERT 0.00
~~ 0093 15 MONTH CERT 0.00
0094 15 MONTH CERT 0.00
0095 15 MONTH CERT 0.00
0096 19 MONTH CERT 0.00
Total Year To Date Dividends Paid 5
~
NOTE ,
: Total includes closed shares
Total 2011 Dividends Paid 1, 070.63
Add Your Photo For Security
Dec 25, 2011 fhti Jan 24, 2012
Account Number: 2037
Page : 4 of 4
Your personal safety and financial security are top priorities at Members 1st. As a result of
increased scams and fraudulent activity throwghout-the entire country, we are strongly
encouraging members. to have their photos added to their account records.. When v~sitrng our
branch offices, you may be asked: by one of our Associates to allow us to take your photo. This
member identification program will assist in ourfraud deterrence infiatives and will take our
identity theft prevention Qrogram to the next level. We are experiencing an increasing number of
attempted fraudulent activities. and as a result, we need to be able to verify your identity
immediately upon retrieving your account information.
In addition to having your photo in our files, you may be rec~aired to .show additional forms of
identification based on the type of transaction. you are seeking. This is for your protection and
security and we appreciate your ongoing cooperation and understanding.
JAMES M. BACH
Attorney At Law
Thomas W. Fleckenstein Associate Attorney
352 S. Sporting Hill Rd., Mechanicsburg, PA 17050, Tel: (717) 737-2033
July 3, 2012
Richard Smith
1417 Morningside Drive
Silver Spring, MD 20904-1533
Re: Revocation of Power of Attorney
Dear Mr. Smith:
Enclosed herewith, please find an important legal document known as a Revocation of Power of
Attorney.
This Revocation prevents and prohibits you from doing anything of any nature or sort from this day
forward on behalf of James E. Kauffman.
If you do not understand the contents of this letter and the enclosure known as the Revocation of
Power of Attorney, then I respectfully suggest you contact an attorney of your choosing for review and
response.
Respectfully,
~ ~~
es M. Bach
Attorney at Law
Encl: Revocation of Power of Attorney
~ /~
~+~i~-
JAMES M. BACH
Attorney At Law
Thomas W. Fleckenstein Associate Attorney
352 S. Sporting Hill Rd., Mechanicsburg, PA 17050, Tel: (717) 737-2033
July 3, 2012
Barbara Murray
107 Hollow Lane
Dillsburg, PA 17019
Re: Revocation of Power of Attorney
Dear Ms. Murray.
Enclosed herewith, please find an important legal document known as a Revocation of Power of
Attorney.
This Revocation prevents and prohibits you from doing anything of any nature or sort from this day
forward on behalf of James E. Kauffman.
If you do not understand the contents of this letter and the enclosure known as the Revocation of
Power of Attorney, then I respectfully suggest you contact an attorney of your choosing for review and
response.
Encl: Revocation of Power of Attorney
Respectfully,
ames M. Bach
Attorney at Lrru~
1~
~`'`'` JAMES M. BACH
Attorney At Law
352 S. Sporting Hill Rd., Mechanicsburg, PA 17050, Tel: (717) 737-2033
Revocation of Power of Attorney
I, James E. Kauffman, of 4905 E. Trindle Rd., Room 95, Mechanicsburg, PA, 17050, do
hereby declare as follows:
I expressly revoke the Power of Attorney given by me heretofore to Barbara
Murray and Richard Smith. The said, Barbara Murray and Richard Smith are no
longer authorized to act on my behalf for any matter whatsoever. Barbara Murray and
Richard Smith are directed to return to me immediately upon receipt of this Revocation,
the original Power of Attorney granted to them.
IN WITNESS WHEREOF, and intending to be legally bound, I have hereunto set my
hand and seal this 3rd day of Jam, 2012.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
J ES E. KAUFFMAN
On this, the 3rd day of Jam, A.D., 2012, before me, the undersigned officer, personally
appeared JAMES E. KAUFFMAN, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledge that this
person executed the within REVOCATION OF POWER OF ATTORNEY in my
presence.
JAME8~A~AL SEAL
NampdM T~~ Cum ~° ~ tlPubtic
~ coon
Cr~~~ n• Any 1'~- goy
~~l
J S M. BACH, ESQUIRE
NOTARY PUBLIC
Mechanicsburg, PA 17050
My Commission Ezpires: 05/13/2015
View Printable Version
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CERTIFICATE OF SERVICE
I, Andrew C. Sheely, Esquire, hereby certify that I am this
day serving the foregoing Petition upon the following named
individual this day by depositing same in the United States
Mail, First Class, postage prepaid, at Mechanicsburg,
Pennsylvania, addressed as follows:
Peter J. Russo, Esquire
Law Offices of Peter J. Russo, P.C.
5006 East Trindle Road
Suite 203
Camp Hill, PA 17011
Metro Bank
c/o Timothy A, Hoy, Esquire
Mette, Evans & Woodside
3401 North Front Street
Harrisburg, PA 17110-0950
Date: August , 2012
_ GrU
And ew C. Sheely, E uire