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Home My WebLink About01-22-13IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ORPHANS' COURT DIVISION In re: ESTATE OF WILLIAM C. RIESTER, SR., Deceased No. 2012-01136 ELECTION TO TAKE AGAINST WILL AND CONVEYANCES To the Executors of the Will of William C. Riester, Sr.: I, Cyrilla E. Riester, am the surviving widow of William C. Riester, Sr., deceased, and I hereby elect to take an elective share from my husband's estate pursuant to 20 C.S.A. § 2203. ~~ . ~ Cyrilla E. Riester, by and through her Agent/Attorney-in-Fact William C. Riester, Jr. Dated: Januarys ,-, 2013 c o ~ ~ rn ~'• rx ~ ~; r ~ ;~, e`"- xy U~ . __ ~:,~. :~ ~, .. .. _. ~:::, w.. ._5 r~ c'a c_ ~ ~-} _.-~ =r cs ~,~ rv ,: .~~ a:•:~ c; --;, n C.J ...~7 IN T HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ORPHANS' COURT DIVISION In re: ESTATE OF WILLIAM C. RIESTER, SR., Deceased No. 2012-01136 CERTIFICATE OF SERVI I, Stephen E. Patterson, Esquire, do hereby certify that on January 8, 2013, I served on William C. Riester, Jr. and John H. Riester, Co-Executors of the Estate of William C. Riester, Sr., a true and correct copy of Cyrilla E. Riester's Election to Take Against Will and Conveyances, in the manner indicated below: Service by first class mail addressed as follows: William C. Riester, Jr. 8 Wooded Drive Shippensburg, PA 17257 John H. Riester 12025 Paul Meadows Drive Cincinnati, OH 45249 Dated: January 8, 2013 Stephen E. erson, Attorney for Cyrilla E. Riester 239-B East Main Street Waynesboro, PA 17268 (717) 762-3170 Attorney No. 16798 W:\XW\DOCS\Wills\Riester, Cyrilla E. POA.doc POV~'ER C~' ATTOR?~IEY BY CYRILLA E. RIESTER NOTICE l~ ~, ~ ~r-- 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 TG 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 THOSE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY. YOLfR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS. (UNLESS I HAVE AUTHORIZED THAT JOINT ASSETS MAY BE HELD IN MY NAME AND MY AGENT' S NAME.) 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. (20 Pa.C.S.A. §5601, et seq.) IF TI~iERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT tJNDERST.AND, 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. f /"Y Date ~,,.-i, _,:~L-c~ ~ ! ..~~- ~. ,~= ~ Cyrilla E. Riester ~,' yo~2577PO090 W:\XW\DOCS\Witls\Riester, Cyrilla E. POA.doc KNOW ALL MEN BY THESE PRESENTS, that I, Cyrilla E. Riester, of 122 Lurgan Avenue, Shippensburg, Franklin County, Pennsylvania, make, constitute and appoint my husband, William C. Riester, Sr., of 122 Lurgan Avenue, Shippensburg, Pennsylvania 17257, and/or my son, William C. Riester, Jr., of 8 Wooded Drive, Shippensburg, Pennsylvania 17257, and/or my son, John H. Riester, of 12025 Paul Meadows Drive, Cincinnati, Ohio 45249, my true and lawful Agent(s), any one of which may act as my Agent individually without the knowledge and consent of the others, for me and on my behalf, in my name and/or my Agent's(s') name, to take all actions and to perform all acts concerning my affairs as my Agent(s) may deem necessary or advisable, in my Agent:'s(s') absolute discretion, as fully as I could do if personally present, including, without limiting the generality of the foregoing: 1. To make unlimited gifts to my spouse and/or my issue and to engage in Medicaid gift planning. A power to make unlimited gifts shall mean that the Agent(s) may make gifts for and on behalf of the principal to any such donee(s) (including my Agent(s)) (I specifically authorize joint gifts may be held in the name of principal and/or Agent(s)) and in such amounts as my Agent(s) may decide. 2. To create revocable and/or irrevocable trust(s) for my benefit and/or the benefit of all possible unlimited gift beneficiaries set forth above. To make additions to an existing trust for my benefit or for the benefit of a beneficiary or beneficiaries above set forth. I specifically authorize. that the unlimited gift beneficiaries set forth in paragraph 1 above may be designated income and/or remainder beneficiaries of any trust(s). My Agent(s) may withdraw and receive the income or corpus of a trust and may terminate Revocable Trusts over which I have a power of revocation. 3. To claim an elective share of the estate of my deceased spouse. vo~2577PC09! W:\XW\DOCS\Wills\Riester, Cyrilla E. POA.doc 4. To employ accountants, attorneys-at-law, investment counsel, custodians, al7ents, servants and others, and to delegate to them, to remove them and to pay them such remuneration as my Agent(s) shall deem proper. 5. To disclaim any interest in property. To renounce fiduciary positions. 6. To withdraw and receive the income or corpus of a trust. 7. To authorize my admission to a medical, nursing, residential or similar facility and to enter into agreements for my care. 8. To authorize medical, psychological and psychiatric surgical procedures, and/or to withhold and/or withdraw medical treatment as is consistent with my health care directive (Living Will), if any, then in existence; or if not in existence, as my Agent(s), based upon prior discussions with me, shall utilize substituted judgment, and may direct on my behalf: To arrange for and consent to or to withhold medical, therapeutical and surgical procedures for me, including the administration of drugs. My agent may review my medical records, and execute releases of confidential information from medical providers and insurers or other third party payors, and consult with my physicians and other health care personnel and providers, and shall be considered my personal representative for health care disclosure under applicable Federal HIPAA regulations, including without limitation, designation of my agent as my personal representative as defined in 45 CFR § 164.502. This authorization and consent to disclosure shall apply whether or not I continue to have the capacity to give informed consent. I consent to and direct covered entities to provide my protected health information to my agent. 9. To engage in real property transactions. My Agent(s) shall also have the power to change my domicile. 10. To engage in tangible personal property transactions. 11. To engage in all stock, bond and other securities transactions, including United States Treasury and United States Government Agency Securities, and to purchase, sell and disburse bonds, stocks, securities and mutual funds held in my own name or in a broker's street name. 12. To engage in commodity and option transactions. 13. To engage in banking and financial transactions. VOL2577PG092 W:1XW\DOCS\Wills\Riester, Cyrilla E. POA.doc 14. To borrow money. 15. To enter safe deposit boxes, including authority to drill the box if keys are misplaced. 16. To engage in insurance transactions. 17. To engage in retirement plan transactions. 18. To handle interests in estates and trusts. 19. To pursue claims and litigation. 20. To receive government benefits. 21. To pursue tax matters in, but not limited to, years 1995 through 2060, including, but not limited to, Federal forms 1040, 709, and 2848. 22. To cash and demand payment of government securities, government bonds, including but not limited to Series E, Series EE, Series H Bonds, treasury notes, treasury bonds, and all state and local municipal bonds. 23. LIFE INSURANCE POWERS. My Agent(s) is/are authorized to apply for and own, cash in, surrender, borrow against, purchase, maintain, collect, cancel, and/or change the ownership of any insurance policy insuring my life and/or to designate and change the beneficiary of any such insurance policy and/or to exercise any incident of ownership over such policies; my Agent(s) is/are also expressly authorized to assign or transfer ownership of any insurance policy(ies) to himself/herself or others and/or to designate himself/herself or others as beneficiary thereof; no such action shall be considered self-dealing or violation of fiduciary duty. The above powers shall be consistent with gifting authority, if any, as set forth in Paragraph 1 of this Power of Attorney. These powers, where applicable, are as defined in Chapter 56 of the Pennsylvania Probate, Estates and Fiduciaries Code, as amended (20 Pa.C.S.A., §5601, et seq.). RELEASE OF MEDICAL INFORMATION CINDER 45 CFR 164.502(g): The agent(s) named in this document is/are hereby designated as my "Personal Representative" as defined by 45 CFR 164.502(g), commonly known as the HEALTH vo~2577PC093 W:\XWIDOCS\Wills\Riester, Cyrilla E. POA.doc INSURANCE PORTABILITY and ACCOUNTABILITY ACT of 1996 (HIPAA). The Agent(s) is/are to have access to my health care and treatment information as I would have if I were able to act for myself. My Agent(s) named herein is/are also authorized to take any and all legal steps necessary to ensure his or her access to information and such action shall include resorting to legal process, if necessary, to enforce my rights under the law and shall attempt to recover attorneys fees and damages as authorized by Pennsylvania law, in enforcing my rights. I recognize that the Agent(s) I have named may be in a conflict of interest position either because of a business, professional, or other relationship my Agent(s) has/have with me. I waive any right. I may have to object to my Agent(s) acting, notwithstanding the conflict, because I believe my Agent(s) will act in accordance with my desires. I recognize that the lawyer who represented me with regard to the execution of this Power of Attorney .and possible other matters may be requested to represent my Agent(s) as fiduciary(ies) in acting pursuant to this Power of Attorney. I acknowledge that the said lawyer, being familiar with. me and my circumstances, may be an appropriate professional to represent my Agent(s) in following the directions set forth in this document. In light of this possibility, I hereby authorize my Agent(s) to retain the services of the lawyer who represented me in the execution of this Power of Attorney and I waive any conflicts of interest that may exist for the lawyer in regard to the said representatian of my Agent(s). In addition, I authorize the lawyer to reveal such confidential information as may be appropriate to assist my Agent(s) in the performance of my Agent°s(s') duties under this document. vQi2577PC094 W:\XW\DOCS\Wills\Riester, Cyrilla E. POA.doc In the event any third party fails to honor a request, instruction or direction by my Agent(s), I authorize my Agent(s) to proceed against said third party (e.g. bank, stock broker, etc.) for incidental and consequential damages as authorized by 20 Pa. C.S.A. §5608. My Agent(s) is/are further authorized to proceed to obtain incidental and consequential damages, including court costs and attorneys' fees, for any delay caused by said third party's refusal to honor this Power of Attorney. And to make and transact any and every kind of business of every nature; hereby ratifying and confirming all that my said Agent(s) shall lawfully do or cause to be done by virtue of'these presents. This Power of Attorney shall continue in force and may be accepted and relied upon by anyone or any entity to whom it is presented despite my purported revocation of it or my death, until revoked by a recorded revocation of same in the county in which the location of any transaction shall occur or until actual written notice of such event is received by such person or entity. This Power of Attorney shall not be affected by disability of~the principal. This Power of Attorney has been or may be executed in multiple duplicate originals this date. vo~2577PC095 W:1XWIDOCS1Wil1slRiester, Cyrilla E. POA.doc IN WITNESS WHEREOF, I have hereunto set my hand and seal on ~~~'` , 2004. ., ., ,`'~-~%~i` r - /'' `,,~ . ~„ SEAL Cyrilla ~. Riester Witness: ,, ~--. ; ..~ r' f ~- ~,.... ~,, ~ ~- (attorney) ~"_ vQ~2577~~096 W:\XWIDOCS\Wills112iester, Cyrilla E. POA.doc ACKNOWLEDGMENT BY AGENT I, the undersigned, have read the attached (above) 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 and/or shall exercise the powers consistent with the express authority granted in the Power of Attorney. I shall keep the assets of the principal separate from my assets (except where a gift of assets may be titled jointly in the names of principal and Agent). I shall exercise reasonable caution and prudence. I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal. ~' % ~~ Date y t ~^ f ~~ ~ ~C\~ William C. Rieste , Sr., Agent (P.O.A.) yo~2577~c097 W:\XWIDOCS\Wills\Riester, Cyrilla E. POA.doc ACKNOWLEDGMENT BY AGENT I, the undersigned, have read the attached (above) 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 and/or shall exercise the powers consistent with the express authority granted in the Power of Attorney. I shall keep the assets of the principal separate from my assets (except where a gift of assets may be titled jointly in the names of principal and Agent). I shall exercise reasonable caution and prudence. I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal. Date ~ r William C. Riester, Jr., Agent (P. .A.) VOL25]]FGQg$ W:\XWIDOCS\Wills\Riester, Cyrilla E. POA.doc ACKNOWLEDGMENT BY AGENT I, the undersigned, have read the attached (above) 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 and/or shall exercise the powers consistent with the express authority granted in the Power of Attorney. I shall. keep the assets of the principal separate from my assets (except where a gift of assets may be titled jointly in the names of principal and Agent). 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. f- I Date ~''`~ Jo .Riester, Agent (P.O.A.) `~ N N O >-- O ,~- w F- w .K G Q ~o Z o 0o N -- ~~= ~ ~. ~o : _ ~, `/~ _ ~~ r _J O .- ry i.i_ ~ o O n~ J :~= L:J ~ , r~ " .~ vo~2~77~c499 ~ ~ COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF FRANKLIN W:\XW\DOCS\Wills\Riester, Cyrilla E. POA.doc On this, the ~~ day of S~{j~-`11b~ , 2004, before me, a Notary Public, the undersigned officer, personally appeared Gregory L. Kiersz, Supreme Court I.D. No. 21928, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said state and a subscribing witness to the within instrument, and certified that he was personally present when Grantor, Cyrilla E. Riester, and witness, ~~~'' + ~ ~ 1 a ~'v>. ~ , ~ i es~~ ~> <~,- ,and ,whose name(s) isi are subscribed to the within instrument, executed the same, and that said Grantor acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and official seal. r```ti,~fNtt r rrr~r! .v~~ ~ r; ! . '~ ~ f c 1^ .~1 i •~ ~: 4.' d r `~' J ~, r w.~ _, ~ t \e ~ 7 J E~~~ ` , Notary Public\ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Barbara J. Stefanic, Notary Public Waynesboro Boro, Franklin County My Commission Expires Nov. 13, 2t~7 Member, Pennsylvania Association Of Notaries 1 hereby CERTI~'y that this document is recorded in the Recorder's Office of Franklin County, Pennsylvania ~a~G~~DS OFf ~y~~. ~~ , a F ~ Z d. 4 a =i in :O y~. SC vo~2577PC100 . ~~~~~ Linda Miller Recorder of Deeds