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Home My WebLink About11-13-12LAW OFFICES BALL, MURREN & CONNELL 2303 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 (717)232.8731 PHILIP J. MURREN FACSIMILE (717) 232-2142 RICHARD E. CONNELL TERESA R. McCORMACK THOMAS A. CAPPER MAILING ADDRESS: P.O. BOX 1108 HARRISBURG, PENNSYLVANIA 17108-1108 November 9, 2012 Glenda Farner Strasbaugh Register of Wills -Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Estate of Gerald J. Hartman (deceased) Dear Ms. Farner Strasbaugh: WILLIAM BENTLEY BALL (1918-1999) Recently, in connection with the Estate of Gerald Hartman, an effort was made by the agent for Solita Hartman to renounce Mrs. Hartman's appointment as Executrix of Mr. Hartman's estate. The agent, Gary G. Hartman (the son of Mr. and Mrs. Hartman) was advised by your office that the Power of Attorney for Mrs. Hartman would not be accepted without proper certification of Mrs. Hartman's condition. Following that advice, Mr. Hartman has secured a letter from a physician who certifies that Mrs. Hartman is unable to administer her affairs. A copy of that letter is enclosed for your review. In addition, a copy of Mrs. Hartman's Power of Attorney is enclosed. Does the letter satisfy your requirements so that the Power of Attorney can be filed and so that Gary Hartman can then, as agent, renounce his mother's fiduciary role? If the letter is acceptable, the original letter and the original Power of Attorney will be filed with your office along with the renunciation. ~ c'> 3 ~;7 ~i _ __ ~ ~- .~ ~ `~ ~ _ ~ - -=j ~ . t ;, _ - -- ~ QC _.».. -r-~ C.3 `~n ~ Kindly advise me of your decision as soon as possible as Mr. Hartman will be in the area from Colorado during or shortly after the Thanksgiving holiday. Very t Richard E. Connell REC/gjc Enclosures cc: Gary G. Hartman Date: October 29, 2012 RE: Solita L. Hartman; Physician's Certification of Incapacity F POWER OF ATTORNEY NOTICE THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY. VOLT.^, :;GENT bT~~ . u,•-~,•'. ~'I•, ti~ ,>r•.~,•;., :, -;: , } .:Lt f'Iiia!C~ Iltii.; YpC[I i~1I'E1'i:4iE~. EV;1V :iF'iF'R ~'r~r; HErr,-.,c» INC~1.P:~rIT~iTIs'D, l;.'VLF,SS YUL ~XI~RESSLY LIMiT TH.E DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BiJHALF 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. ,> e i iy~. ~ i`~°~51.~'tv1 L~ 1~1 PRINCIPAL Q DATE KNOW ALL MEN BY THESE PRESENTS, that I, SOLITA L. HARTMAN, of Cumberland County, PA, have constituted, made and appointed, my husband, GERALD J. HARTMAN, my true and lawful agent. In the event that my said husband shall have predeceased me or shall be unable, unwilling or unavailable to act as agent, my son, GARY G. HARTMAN, shall act as my sole agent. -1- 1. To ask, demand, sue for, recover and receive all sums of money, debts, goods, merchandise, chattels, effects and things of whatsoever nature or description which are now or hereafter shall be or become owing, due, payable, or belonging to me in or by any right whatsoever, and upon receipt thereof, to make, sign, execute and deliver such receipts, releases or other discharges for the same, respectively, as he shall think fit. 2. To deposit any moneys which inay come into his hands as such agent with any bank or banker, either in my or his own name, and any of such money or any other money to which I am entitled which now is or shall be so deposited to withdraw as he shall think fit;.to sign mutual savings bank and federal savings,. ~~.d l~,,a;;n 1,,;rci~~tion ~v;zt.l~~~.~a~,~al~. r.2dcr;;; to sigi~ wind endorse, discount, or otherwise deal with any bills of exchange, checks, promissory notes or other commercial or mercantile instruments; to borrow any sum or sums of money on such terms and with such security as he may think fit and for that purpose to execute all notes or other instruments which may be necessary or proper; and to have access to any and all safe deposit boxes registered in my name. 3. To sell, assign, transfer and dispose of any and all stocks, bonds, including U.S. Savings Bonds, loans, mortgages or other securities registered in my name; and to collect and receipt for all interest and dividends due and payable to me. 4. To invest in my name in any stock, shares, bonds, securities or other property, real or personal, including without limitation United States Treasury securities redeemable at par for federal estate tax purposes, and to vary such investments as he, in his sole discretion, may deem best; and to vote at meetings of shareholders or other meetings of any corporation or company and to execute any proxies or other instruments in connection therewith. 5. To enter into and upon all and singular my real estate, and to let, manage, and improve the same or any part thereof, and to repair or other- wise improve or alter, and to insure any buildings thereon; to sell, either at public or private sale or exchange any part or parts of my real estate or personal property for such consideration and upon such terms as he shall think fit, and to execute and deliver good and sufficient deeds or other instruments for the conveyance or transfer of the same, with such covenants of warranty or otherwise as he shall see fit, and to give good and effectual receipts for all or any part of the purchase price or other consideration; and to mortgage, including purchase money mortgage, and to execute bonds and warrants and all other instruments and documents in connection therewith -2- and relating thereto, and such power shall not be in limitation of any other powers herein set forth. 6. To contract with any person for leasing for such periods, at such rents and subject to such conditions as he shall see fit, all or any of my said real estate; to let any such person into possession thereof; to execute all such leases and contracts as shall be necessary or proper in that behalf; to give notice to quit to any tenant or occupier thereof; and to receive and recover from all tenants and occupiers thereof or of any part thereof all rents, arrears of rent, and sums of money which now are or shall hereafter become due and payable in respect thereof; and also on. nonpayment thereof or of any part thereof to take all necessary or proper means and proceedings for determining the tenancy or occupation of such tenants or occupiers, and for ejecting the tenants or ~.~e4~-ip,:i~~as :and ~~ecov~;:rx?'a'the pusessioii thereof 7. To commence, prosecute; discontinue or defend alI actions or other legal proceedings touching my estate or any part whatsoever, or touching any matter in which I or my estate may be in any wise concerned; to settle, compromise, or submit to arbitration any debt, demand or other right or matter due me or concerning my estate as he, in his sole discretion, shall deem best and for such purpose to execute and deliver such releases, discharges or other instruments as he may deem necessary -and advisable; and to satisfy mortgages, including the execution of a good and sufficient release, or other discharge of such mortgage. 8. To execute, acknowledge and file federal, state and local income tax, gift and personal property tax returns, and to appear for me and execute powers of attorney for others to appear before the Treasury Department of the United States, and other taxing authorities, in all matters pertaining to federal, state or local taxes; to examine records and receive confidential information and communications with respect to such taxes and to act as fully as I could in connection with such tax matters. 9. I'o exercise any rights which i have with respect to any ~,olicies of insurance on my life of which I am the owner or in which I have any rights. 10. To engage, employ and dismiss any agents, clerks, servants or other persons as he, in his sole discretion, shall deem necessary and advisable. 11. To make such gifts of my property to such one or more of my spouse or issue in amounts which may exceed any then applicable federal gift tax exclusions from filing gift tax returns. -3- 12. In general, to do all other acts, deeds, matters and things whatsoever in or about my estate, property and affairs and things herein, either particularly or generally described, as fully and effectually to all intents and purposes as I could do in my own pro er present, giving to my said agent power to make and sub P tute under him an agent or agents for all the purposes herein described, hereby ratifying and confirming all that the said agent or substitute or substitutes shall do therein by virtue of these presents. 13. Without limiting the general powers hereby already conferred, my agent shall have the following specific powers which are granted pursuant to Chapter 56 of the Pennsylvania Probate, Estates and Fiduciaries Code, as further defined therein: a. to engage in real property transactions; b. to engage in tangible. personal property transactions; . c. to engage in stock, bond and other security transactions; d. to engage in commodity and option transactions; e. to engage in banking and financial transactions; f. to borrow money; g. to enter safe deposit boxes; h. to engage in insurance transactions; i. to engage in retirement plan transactions; j. to handle interests in estates and trusts; k. to receive government benefits; 1. to create a trust for my benefit; m. to make additions to an existing trust for my benefit; n. to disclaim any. interest in property; o. to renounce f"fiduciary positions; p. to withdraw and receive the income or corpus of a trust; q. to claim an elective share of the estate of my deceased spouse. This power of attorney shall become effective upon my subsequent disal~iLty ~,r incapacity. 1VIy incapacit~~ shaii be d~~~emed to exist as of tl~e d;~?e of a certificate executed by one licensed physician which certifies that I am incapable of caring for myself or that I am physically or mentally incapable of managing my financial affairs. The physician's certificate shall be attached to the original power of attorney or filed of record if the power of attorney has been filed or record, if permitted by applicable law. I will be deemed to have regained capacity upon delivery to my agent of a certificate executed by one licensed physician, which certificate states that I am capable of caring for myself or that I am physically and mentally capable of managing my affairs. The physician's certificate shall be attached to the original power of attorney or shall be filed of record if the power of -4- attorney has been filed of record, if permitted by applicable law. Upon my regaining capacity, this power of attorney shall not be revoked but shall become effective again upon my subsequent disability or incapacity proved by physician's certificate as set forth above. I waive any physician-patient. privilege in my favor and I authorize one physician to examine me and disclose my physical or mental condition in order to determine my incapacity or capacity for purposes of this power of attorney. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 1`~ day of E~ ~ ~1 , , 2001. WITNESS: ~. C CL ,~ `..~.a~-.~ ~_.... ~J t~ ~, t~C 4 ~-- ~~`c~1M CR y1 (SEAL) SOLITA L. HARTMAN -5- COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, ~ the ~ 7 day of ~~ , 2001 before me, a Notary Public in and for the aforesaid County and Commonwealth, personally appeared SOLITA L. HARTMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Power of Attorney, and acknowledged that she executed the same of her own volition and free will, and for the purposes therein contained. WITNESS my hand and official seal the day and year afo esaid. Notar ublic P40TA~lAL SEAL GLORIA J. CO?PERS~~4lTH, Notary ~+c=' Cam l~iill P.~ann, CaaZ~„~t-x~:~tct Cot~7tt~~ lb+4y C::~trr~sfa: ~ Ey;.tir~s June ZZ, 2~3 AGENTS' ACKNOWLEDGEMENT I, GERALD J. HARTMAN, 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 beha of the principal. GERALD J. TMAN y/~ / ^/ Date I, GARY G. HARTMAN, have read the attached power of attorney and am the person identified as the alternate 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. ~~ , GArRY G. HARTMAN Date