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HomeMy WebLinkAbout06-13-13 . , IN RE: : IN THE COURT OF COMMON PLEAS ESTATE OF PHYLLIS L. RENNINGER, : CUMBERLAND COUNTY PENNSYLVANIA DECEASED : ORPHANS' COURT DIVISION : FILE NO. 21-13-0324 RESPONSE TO CITATION AND TO PETITION FOR CITATION SUR APPEAL FROM REGISTER IN PROBATING WILL AND REQUEST FOR CONTRUCTIVE TRUST AND Now, comes Steven R. Maben, Respondent, by and through his undersigned attorneys, and responds to the Order and Citation issued on May 14, 2013 in the above captioned matter by filing the following Response to the Petition for Citation Sur Appeal from Register in Probating Will and Request for Constructive Trust, filed by Kelly Petersheim, Petitioner: 1. Admitted. 2. Admitted. � c `"' � rn 3. Admitted. ,. °� c r, Q rn s c� 2 .�.�' � 4. Admitted. � � �- �-' �°� �'� r � r W � � �°S a � %± Q 4�,.'" 5. Admitted. Q c; c � � � C7 p .' Q C ,,_T �.,, �-- 6. Admitted. -� � � � � �' ui 7. Admitted. 8. Admitted. 9. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein, and therefore denies the same; demanding strict proof thereof. 10. Admitted. 11. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein, and therefore denies the same; hereby demanding strict proof thereof. 12. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein, and therefore denies the same; hereby demanding strict proof thereof. 13. Admitted. 14. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein, and therefore denies the same; hereby demanding strict proof thereof. 15. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein, and therefore denies the same; hereby demanding strict proof thereof. 16. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein, and therefore denies the same; hereby demanding strict proof thereof. 17. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein, and therefore denies the same; hereby demanding strict proof thereof. 18. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein, and therefore denies the same; hereby demanding strict proof thereof. 19. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein, and therefore denies the same; hereby demanding strict proof thereof. 20. Admitted. 21. Admitted in part and denied in part. Upon information and belief, it is admitted that Petitioner would often fill out Decedent's checks, but it is denied that Decedent always signed those checks herself. It is believed that Petitioner was writing, signing, and/or taking checks without Decedent's knowledge or permission. Attached hereto as Exhibit 1, is a copy of document found by Respondent among the papers and effects of Decedent bearing multiple variants of Decedent's signature believed to be penned by Petitioner. By way of further response, the records of Decedent's checking account during the period that Petitioner exercised substantial control over Decedent's check writing indicate that; (a) checks totaling at least $30,000 dollars were made payable directly to Petitioner from December 15, 2009 to December 17, 2012; and (b) checks totaling more than $42,000 were made payable to "Cash"or to Decedent from January 29, 2009 to January 18, 2013. 22. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein, and therefore denies the same; hereby demanding strict proof thereof. 23. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein, and therefore denies the same; hereby demanding strict proof thereof. 24. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein, and therefore denies the same; hereby demanding strict proof thereof. 25. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein, and therefore denies the same; hereby demanding strict proof thereof. 26. It is admitted that Decedent was treated by Pennsylvania Retina Specialists, P.C. Respondent is without sufficient knowledge, information, or belief as to truth of the remainder of the averments contained herein, and therefore denies the same; hereby demanding strict proof thereof. 27. It is admitted that Decedent was assisted by Senior Helpers of 3806 Market Street, Suite 3, Camp Hill, PA 17011. Respondent is without sufficient knowledge, information, or belief as to truth of the remainder of the averments contained herein, and therefore denies the same; hereby demanding strict proof thereof. 28. Admitted. 29. Admitted. 30. Admitted. 31. Denied as stated. Decedent and her sister, Respondent's mother, had a very close relationship; such that during Respondent's childhood and youth, Decedent was referred to as Respondent's second Mom. Respondent stayed in touch with Decedent throughout his career in the US Army, often calling with his wife and daughters to speak with Decedent from overseas on holidays and other occasions. However, from the latter part of 2000 until Decedent contacted Respondent in late January of 2012, Respondent was denied this close relationship due to an unexplained change in family dynamics. 32. Admitted. 33. Denied. Respondent incorporates his response in Paragraph 31 above herein. By way of further response, it is believed and therefore averred that the many prior years of closeness prompted Decedent to reach out to Respondent when she felt that Petitioner had taken advantage of her. 34. Denied as stated. It is admitted that Respondent was in Korea for much of his military career. Respondent incorporates his responses in Paragraphs 31 and 33 above herein. 35. Denied. Respondent incorporates his response in Paragraph 31 above herein. 36. It is admitted that Respondent was named as Decedent's agent under a Durable Power of Attorney. Respondent is without sufficient knowledge, information, or belief as to truth of the remainder of the averments contained herein, and therefore denies the same; hereby demanding strict proof thereof. 37. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein, and therefore denies the same; hereby demanding strict proof thereof. 38. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein, and therefore denies the same; hereby demanding strict proof thereof. 39. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein, and therefore denies the same; hereby demanding strict proof thereof. 40. No response is required as the document speaks for itself. 41. No response is required as the document speaks for itself. 42. Admitted. By way of further response, Decedent clearly manifested her intention to exclude Petitioner from her Will to multiple individuals. Attached hereto as Exhibit 2 is a copy of the first page of the Decedent's 2009 Will, upon which an assistant of Attorney Kaufman took notes of a phone call made to his office on February 6, 2012 to set up an appointment to change Decedent's Will. 43. Admitted. 44. No response is required, as the probated February 15, 2013 Will speaks for itself. 45. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein regarding any such pre-death conversation between the Petitioner and Decedent, and therefore denies the same; hereby demanding strict proof thereof. By way of further response, Respondent incorporates his response in Paragraph 31 herein. 46—48. Respondent attaches hereto as Exhibit 3, copies of the reports from Lower Allen Township Police Department; which reports speak for themselves. 49. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein regarding any such pre-death conversation between the Petitioner's mother and Decedent, and therefore denies the same; hereby demanding strict proof thereof. 50. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein regarding any such pre-death conversation between the Petitioner and Decedent, and therefore denies the same; hereby demanding strict proof thereof. 51. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein regarding any such pre-death conversation between the Petitioner and Decedent, and therefore denies the same; hereby demanding strict proof thereof. By way of further response in the alternative, based upon the statement alleged to have been made on March 5, 2013 by Decedent to Petitioner, Decedent ratified her intent to give the funds in question to Respondent and his daughters. 52. Admitted. 53. Respondent is without sufficient knowledge, information, or belief as to truth of the averments contained herein regarding any such conversation between the Petitioner and her legal counsel, and therefore denies the same; hereby demanding strict proof thereof. Count I Undue Influence 54. Denied as a conclusion of law to which no response is required. By way of further response, Petitioners own averments indicate that Decedent was of sufficiently sound mind, with sufficient understanding of financial transactions, to sign her own checks, and to handle her affairs without the need for a power of attorney. 55. [Omitted by PetitionerJ 56. Denied as a conclusion of law to which no response is required. By way of further response, the Durable Power of Attorney under which Respondent was named as Decedent's agent was executed on the same day as the Decedent's Will. 57. Denied as a conclusion of law to which no response is required. By of way further response, Respondent incorporates his response in Paragraphs 31 above herein. Count II Lack of Testamentarv Capacity 58. No response required. 59. Denied as conclusion of law to which no response is required. By way of further response, Decedent was sufficiently aware of her assets, and the people who were the natural objects of her bounty,to set forth her intent and plan for the disposition of her assets after her death. Count III Request for Constructive Trust 60. No response required. 61. Respondent is without sufficient knowledge of Petitioner's belief to respond to this statement. In the event that this statement is construed by this Court as an averment, Respondent denies this averment as a conclusion of law to which no response is required. By way of further response, Decedent intentionally transferred the funds in question to help Respondent and his daughters with education expenses because she had not had the opportunity to help them in the past. Three (3)transfers of$13,000, one to Respondent and one to each of his Daughters, were made voluntarily by Decedent on February 11, 2013 at a branch of PNC Bank,NA, located at 5288 Simpson Ferry Road, Mechanicsburg, PA 17055. 62. No response is required. In the event that this request is construed by the Court as an averment,the same is denied as a conclusion of law to which no response is required. By way of further response, notwithstanding the transfer of the funds to help with education expenses of Respondent's daughter in question was voluntary and legal, the amount that remains unspent has been placed in escrow with Respondent's undersigned counsel. WHEREFORE, Respondent requests that the Court to deny the relief requested by Petitioner, and uphold the duly probated Will of Decedent and the Letters Testamentary granted thereunder. NEW MATTER 63. Each of the paragraphs above is incorporated by reference, as if fully set forth herein. 64. As set forth in more detail above, during the time that Petitioner avers to have "become familiar with Decedent's personal affairs and financial affairs,"to "often fill out Decedent's checks," and to provide"transportation to the bank" Respondent exerted control over the financial affairs of Decedent for Petitioner's own gain. It is believed and therefore averred that Decedent intentionally excluded Petitioner from her Will due to the large amounts of money taken by Petitioner. 65. Petitioner took advantage of Decedent's poor eyesight and abused the trust that Decedent placed in Petitioner, by writing at least $30,000 worth of checks to Petitioner herself, and using checks to withdraw at least $42,000 in cash from Decedent's accounts. 66. Despite Decedent giving Petitioner's son a car, and paying off a large bill that Petitioner had accumulated on her Sears charge card, Petitioner continued to take advantage of Decedent for her own personal financial gain until Decedent became aware of the financial abuse and reached out to Respondent for help in late January of 2013. 67. Petitioner has failed to meet the requisite burden of proof to substantiate her claims for relief, and her Petition must therefore be dismissed. 68. The doctrine of unclean hands should be applied to bar petitioner from the relief sought. COUNTERCLAIMS Estate of Phyllis L. Renninger, Deceased v. Kelly Petersheim 69. Each of the paragraphs above is incorporated by reference, as if fully set forth herein. 70. This Orphans' Court Division has authority to exercise jurisdiction over the claims set forth below pursuant to 20 Pa.C.S. § 712(3) and § 711 as the claims raise substantial questions concerning the Estate of the Decedent. 71. Respondent, as duly appointed Executor of Decedent's Estate has authority to bring the claims against Petitioner set forth below on behalf of the Estate, by and through the undersigned counsel. Count I Fraud and Deceit 72. Each of the paragraphs above is incorporated by reference, as if fully set forth herein. 73. At all times material hereto, Petitioner intended to deceive and defraud Decedent out the funds taken from Decedent without her prior knowledge or authorization. 74. Petitioner relied upon the impaired vision of Decedent, and abused the trust placed in her by Decedent to fraudulently induce Decedent to sign checks made payable to Petitioner. 75. Petitioner relied upon the impaired vision of Decedent, and abused the trust placed in her by Decedent to fraudulently induce Decedent to sign checks made payable to "cash" and/or Decedent; which checks Petitioner used to draw unauthorized amounts from Decedent's account(s). 76. Decedent did not know, nor did she have reasonable cause to know, that Petitioner was systematically taking funds from her without authorization. 77. As a result of Petitioner's fraudulent conduct, Decedent sustained substantial monetary loss; such loss being at least $72,000. WHEREFORE, the Executor of the Estate of Phyllis L. Renninger respectfully requests that this Honorable Court enter judgment against Kelly Petersheim in the amount of$72,000, and reserves the right to amend this request to reflect a greater amount upon completion of discovery. Count II Conversion/Fraudulent Conversion 78. Each of the paragraphs above is incorporated by reference, as if fully set forth herein. 79. On information and belief, Petitioner does not intend to return the funds taken from Decedent without Decedent's prior knowledge or authorization 80. Petitioner has and continues to exercise unlawful control over the funds taken from Decedent without Decedent's prior knowledge or authorization. 81. Petitioner has no right or equitable claim to ownership and/or possession of the funds taken from Decedent. 82. Based on information and belief, Petitioner intends to deprive Decedent's Estate of said funds. WHEREFORE, the Executor of the Estate of Phyllis L. Renninger respectfully requests that this Honorable Court enter judgment against Kelly Petersheim in the amount of$72,000, and reserves the right to amend this request to reflect a greater amount upon completion of discovery. Count III Punitive Damages 83. Each of the paragraphs above is incorporated by reference, as if fully set forth herein. 84. Petitioner, at all times relevant and material to this matter, has acted in bad faith and with the intent to exercise unlawful control over the funds of Decedent. 85. Petitioner has preyed upon the physical condition and emotions of Decedent, and has abused the trust of Decedent. 86. Petitioner's conduct in this matter has been and continues to be wanton and outrageous. WHEREFORE, the Executor of the Estate of Phyllis L. Renninger respectfully requests that this Honorable Court enter judgment against Kelly Petersheim for(a) Punitive damages, attorneys' fees and costs; and (b) Such other relief as the court deems just and proper. Date: � �Z �3 By: /�� �v ' /� �� John R. Zonarich, Esq. PA ID No. 19632 Brian W. Mains, Esq. PA ID No. 310479 SkarlatosZonarich, LLC 17 S. 2nd St., 6�h Floot' Phone 717-233-1000 Fax 717-233-6740 Email: irz 7skarlatoszonarich.com bmains(cr�,skarlatoszonarich.com Attorneys for Steven R. Maben Litigation Counsel for the Estate of Phyllis L. Renninger, Deceased _ . .._ _..__._ _--�------..._.....___ . _.___.__..._.. �_------- _--... _ ---.i. _ _ . ......_. .— __ ...--.. . .y � !' � .��► . � � F � � _ � _ :� . . � . - � � , � . , - . � � � . � �-��' ,. . -, ;, . ,� �� � � � � � , f � � . s .. ..: � . ��. i �: � . r^ �a r � N U ,. t ` , . " M �, � � t�` � � , > :.e � � �.. r� � , � �. � ::� ' � � . � ,.,(r�,; � J 'r . � . 1''' 1...Y j . ��� \`C'. - .f 1..� � � /� . r � ' � .1 � � . �. � � .. ' � .. , ..... . .. , , ( , / l�O �� .S� �'-�`d �,� LAST WILL AND TESTAMENT L��`�� OF �'`\ \ � (.- I 7�? ,,�.5 1 PHYLLIS L. RENNINGER � �D �� ,a v� I, PHYLLIS L. RENNINGER,of Lower Allen Township, Cumberland County,Pennsylvania, being of sound mind and body declare this to be my Last Will and Testament and revoke any and all Wills and Codicils previously made by me. ' ITEM I: I hereby direct that all just debts, funeral expenses, all j administration expenses, including inheritance tax shall be paid from the assets of my I estate as soon as practicable after my decease. ITEM II: I hereby give, devise and bequeath all of the assets of my estate, real and personal, wheresoever situate and in whatsoever name,to my grandniece, �� �I R, of Ephrata, Pennsylvania, if she survives me by thirty(30)days. ITEM III: In the event that my said grandniece does not survive me by thirty(30) days, I hereby give, devise, and bequeath such property in equal shares to her children then living. In the case of my personal property, such gift shall be as equal as is practicable. ITEM IV: No person, to whom any gift or interest shall have been given by the terms of this Will, shall be deemed to have survived me who shall have died at the same time as I, or in a common disaster with me,or under such circumstances that it i is difficult or impossible to determine which of us survived the other. i � -,'�'� �-��-,,�.�-�'.�,� � j (� �C��-e- �'' 2 �',1�--5 �� ' �u�-�..e,� � P p � � �o�p� � � �� �}��� ��,w���� � '1 � ���--5 � ` Page f of 5 ,;2, ��, Z' `� ' .�p�v �o � Lower Allen Township PD �A-'[3-t}'12�i8 C]Administrative ❑ Gang Related ❑ Paperless t?�cer: RICHARQ TAMANOSKY -1807 2l27/2013 [� Investigation ❑Accident ❑ Arrests Made [� Suspects ❑ ReadyforDAJProsecutor Incident Report Form Log Number Incident Number File Number Gase Number IJCR LA-43-01268 Incident Type CML Dispatcher Source District Sfafus CIV1L DISP 1206 ACTIVE Date Received Rcvd Disp Amr Cird Dispos'sfion N��A 2/27l2013 1731 1733 1738 1835 NO FURTHER POLfCE ACTION Eariiest Dafe and Time �.atesf Date and Time INCIDENT C7CCURRED AT OR BE"fWEEN Locatian Cross S#reet Ir�tersectian 38 WILLIAM PENN DR ❑ CAMP H1LL PA '17�99 GPS Coordinates Gang Arson Vafue X Y Premise Cade RE5ID Busi�ess tJame RESIDENCE/NOME Modus�perandi Coding VICTIM: ECITRY: PROPERTY EXIT: AREA: METHOD: TIME OF DAY: ---°----°--------_-_°_°---°---------------------------------°°--..___-°_.____---°---°-°--°--------___------°-°----_--------_.__---------_..-------.__---_...__----_____.°--_..---- WEAPdN USED: Caller/Camplainant Type Normal ❑ Anonymaus [] hlengup ❑ Refused � � : - - s Hame{Iast.FNat,M dNa-Address .lurentk Date of Birth Aga 12xe Sex Ethruc fat Security Mumber RENNINGER, PHYLLIS L ❑ 10/5/1932 so W F N 38 Wt�LlAM PENN DR wgiyM HeigM Hair �y� PlaneNumber CAMP HILL PA 1'7411 soa w�T HAZ (717)769-4707 Driver Licensa Number State Later Name edk 12001649 PA ❑ Link Commenas Name I-as4 First.t�tidd -Addrruss Jwemk MABEN, STEVEN R ❑ s��i �ocusT�N MECHANiCSBURG PA 17050 Link CommenRs -� r • � • Vehicle Officer 1 t}fificer 2 Officer 3 QfFicer 4 Divisian Suaervisar Unit 1 LA�4 1807 tlnit 2 1_A3 1819 Unit 3 t3nit 4 A en Numbers Units 8 Times � F �� f T'��� Locked ROt�t CALL SYNQPSlS Y Created By 1 pn tfpdated By 1 On RICHARD TAMANOSKY OZ/27/2013 rickt 02127/2013 APProve By 1 t?n LA-13-01268 2127/2013 � APPROVED BY: PAGE 1 x�t��.s APPROVED ON: Lawer Allen Tawnship PD �A-'13-0'1268 ❑Adrninistrative ❑ Gang Reiated ❑ Paper3ess t7fficsr: RIGHARD TAMANOSKY -1807 2127120�3 [] Investigation (]Accident ❑ Arrests Made . ❑ Suspects ❑ ReadyfarDAtProsecutar lnc�dent Report Form RICHARD TAMANOSKY 02f27/2013 RENNiNGER REPt3RTED THAT HER NEPHEW, MABEN, HAD TAKEN PAPERS BELONGING TO HER DECEASE� HUSBAND, AND HAD ALSC? TAKEN MUNEY OUT OF NER MONEY MARKET ACCOUNT. MABEN IN PfJWER OF ATTt�RNEY FUR R�NNlNGER. PAPERS WERE LOGATED, AND Mt)NEY iSSUE WAS EXPLAINED. i , " � rne Locked C3RIGtNAL NARRATlVE Y Created By/On Updated By I On RICHARD TAMANOSKY 02/27/2013 rickt 02/2712013 Approve By/On RICHARD TAMANOSKY 02/27/2013 NARRAT(VE: CPL. TAMANOSKY PHYLLIS RENNtNGER REPORTED THAT HER NEPHEW, STEVEN MABEN. NAD TAKEN IMPC3RTANT PAPERS BELONGING TO HER AND HER DECEASED HUSBAND. SHE ALSQ BELIEVES THAT HE TOOK A SIGNIFICANT AMOUNT OF M{7NEY tJUT {�F HER tVIUNEY MARKET fiCCC?UNT. RENNINGER EXP�AINED THAT MABEN IS HER PC}WER OF ATTORNEY, AND HE HACI TAKEN A LARGE NUMBER UF UNORGANIZED PAPERS TO ORGANIZE THEM FOR HER. �HE WAS UPSET, BEGAUSE SHE COULDN`T FINQ SQME IMP{JRTANT AN� MEANINGFUC. PAPERS t�F HER C3ECEASED HUSBAND'S. SHE ALSO CHECKED ON HER MONEY MARKET ACCOUNT, AND $40,000 WAS MISSfNG. RENNif�GER SAiD THAT SHE TRIED GALL(NG MABEN, BUT HIS NUMBER HAD BEEN DISCQNNECTED. TNE NUMBER SHE GAVE ME WAS : . i GALLED THE NUNlBER, AND F{JUND IT TO BE DfSCONNECTED AS WELL. ta�C. MART(NEZ CHECIfED OUR COMPUTER SYSTEMS AND F(JUND THAT MABEN'S NUMBER IS ACTUALLY ' CALLED, AND MABEN ANSWERED. HE SA1D TNAT NE WfJULD COME T� RENNINGER'S HOME, SCJ WE COU�D dI�CUSS THIS. MABEN AND HIS WIFE ARRIVED AT THE HOME, AND WE A�L SAT Dt�WN WETH RENNINGER. MABEN SHOWED HER WHERE HER HUSBAND'S PAPERS WERE, AS WELL AS WHERE HER WILL, PQWER OF ATTQRNEY, AND OTHER 1MPORTANT PAPERS WERE. A�L HAD BEEN ORGANIZED BY MABEN, AND WERE IN RENNINGER'S HOME. THERE WAS ALSO A LARGE PLA�TIC C(JNTAINER, WHERE MABEN HAD C7RGANIZED OTNER IMPORTANT ITEMS t�F RE�INENGER'S INT{� �ILES. 1N REFERENCE TCJ THE MC}NEY, RENhJINGER HAD BEEN PRESENT WITH MABEN WNEN THEY HAQ GC7NE TO THE BAt�K ON A NUMBER OF OCCASIt�NS. DURING ONE QF THOSE TRIPS TQ THE BANK, RENNlNGER ALLOWED MABEN TO USE HER MQNEY MARKET MQNEY TC? PAY �OF2 SOME OF MABEN'S DAUGHTERS` COLLEGE COSTS. THIS WAS DONE WfiTH A BANK EMPLOYEE NAMED "H(�LLY" WHO RENNINGER REMEMBERED. RENNINGER STILL. DID NOT REMEMBER SAYING THAT THE MONEY COULD BE USEp OF THE GlRLS` COL�EGE COSTS, BUT SHE DID REMEMBER THE TNREE SEPARATE TRANSACTIONS OCCURRING. RENNINGER SAID THAT SHE WASN'T CONGERNED ABOUT THE MONEY, WAS JUST HAPPY TO KN4W 1NHERE HER HllSBAND'S PAPERS WERE. LA-13-0126$ 2l27/2013 � APPROVED BY: PA�E z ��tF t.s APPRQVEE3 t�N: Lower AIlen Township PD LA-13-01313 ❑Administrative ❑ Gang Related ❑ Paperless Officer: GREGORY THOMAS -1803 3/1/2013 � Investigation ❑Accident ❑ Arrests Made � Suspects ❑ ReadyforDA/Prosecutor Incident Report Form Log Number Incident Number File Number Case Number UCR LA-13-01313 Incident Type CIVIL Dispatcher Source District Status CIVIL DISP 1206 NONACT Date Received Rcvd Disp Arrv Clyd Disposition OPEN 3/1/2013 0834 0834 0836 0845 OPEN Earliest Date and Time Latest Date and Time INCIDENT OCCURRED AT OR BETWEEN Location Cross Street Intersection 38 WILLIAM PENN DR ❑ CAMP HILL PA 17011 GPS Coordinates Gang Arson Value X Y Premise Code Business Name Modus Operandi Coding VICTIM: ENTRY: PROPERTY EXIT: AREA: METHOD: TIME OF DAY: ----------------------------°------------------------------------------------------------------------------------------------------------°--------------------------------------------------- WEAPON USED: Caller/Complainant Type Normal ❑ Anonymous ❑ Hangup ❑ Refused � • � • - • Name(Last,First,Middle -Address Jwenile Date of Birth Age Race Sex EMnic Social Security Number RENNINGER, PHYLLIS L ❑ 10/5/1932 so w F N 38 WILLIAM PENN DR WeigM HeigM Hair ey� Phone Number CAMP HILL PA 17011 500 WHT HAZ (717)761-1707 Driver Lkense Number State Later Name ed'R 12001609 PA ❑ Link Commeirts Name(Last,First,Middk -Address JweniN MABEN, STEVEN R � 6111 LOCUST LN MECHANICSBURG PA 17050 Link Comme�rts •� ! • � • Vehicle Officer 1 Officer 2 O�cer 3 Officer 4 Division Supervisor Unit 1 LA16 1803 Unit 2 Unit 3 Unit 4 A en Numbers Units&Times • Title Locked ROLL CALL SYNOPSIS Y Created By/On Updated By!On GREGORY THOMAS 03/01/2013 gregt 03I01/2013 Approve By/On LA-13-01313 3/1I2013 � APPROVED BY: PAGE � IRF 1.5 APPROVED ON: Lower Allen Township PD LA-13-01313 ❑Administrative ❑ Gang Related ❑ Paperiess Officer: GREGORY THOMAS - 1803 3/1/2013 � Investigation ❑Accident ❑ Arrests Made Incident Re ort Form � Suspects ❑ Ready for DA/Prosecutor p Phyllis Renninger claimed that her nephew Steven Maben took over $40,000.00 out of her money market account. Maben has power of attorney and Renninger went to the bank with Maben and signed the money over to him. After further investi ation this was determined to be a civil matter. • Title Locked ORIGINAL NARRATIVE Y Created By/On Updated By/On GREGORY THOMAS 03/01/2013 gregt 03/01/2013 Approve By I On Narrative by Lt. Greg Thomas On 3/1/13, I was dispatched to call Phyllis Renninger about money stolen out of her money market account. I called Renninger and she sounded upset when I spoke to her. Renninger told me that she recently had her nephew Steven Maben listed as her power of attorney. Since then Renninger found out that Maben had removed $40,000.00 from her money market account at PNC Bank. Renninger said she spoke to the bank and they told her she was with Maben when she signed the money over to him. Renninger said she doesn't remember doing this. Renninger said she has been working with her attorney William Kaufman and gave me his phone number. I told Renninger I would look into this and get back to her. I called Kaufman's office and spoke to Patty. Patty said Kaufman was not there but was familiar with Renninger as she had just spoken to her. Patty stated that Kaufman had spoke to the bank with Renninger and the bank told Renninger that she and Maben came to the bank and Renninger had signed the money over to Maben. Patty said Kaufman was going to check into the matter further. I told Patty to have Kaufman call me if it appeared there was a theft or criminal act. I then called Maben and he told me what had actually occurred. Maben stated that Renninger wanted to leave money to his daughters and he explained to her that it would be better to give them some money now so that the inheritance tax would be less. Maben went with Renninger to the bank and Renninger did sign the money over to Maben and his daughters. I found Cpl. Tamanosky's report from 2/26/13 when Renninger had reported the same theft and Cpl. Tamanosky sat down with Maben and Renninger together and they were able to talk about the issue and at that time Renninger stated that maybe she did remember going to the bank with Maben. This is a civit matter unless it can be determined that a theft did actuall occur. • Title Locked NON-UCR SUPPLEMENTAL Y Created By!On Updated By/On EDWARD CURTIS 03/02/2013 edwardc 03/02/2013 Approve By/On Narrative by Ofc Curtis 1817, Renninger called again today regarding this matter and I told her the same thing Ofc Stevenson told her yesterday. LA-13-01313 3/1/2013 � APPROVED BY: PAGE s IRF 1.5 APPROVED ON: VERIFICATION I, Steven Maben, verify that I have read the foregoing document and that the facts set forth therein are true and correct to the best of my knowledge, information and belief; and that this verification is made subject to the penalties of 18 Pa. Cons. Stat. § 4904 related to unsworn falsification to authorities. Dated: �a T,�� /,� �y�•�s�—� Steven Maben : �,�..�__y.. _. ..._�� � ��w_�. �,�. ,�._,. . .. ��w,._,,. �m�_. , � �,�P .... � _,�.,�,.�, __ _ CERTIFICATE �F SERVICE I, Brian W. Mains, Esq. hereby certify that I this day served a copy of the foregoing upan the persan(s)indicated belaw: Michaei A. Scherer, Esquire 19 West South Street Cariisle, PA 17013 Date: r.S .2sat3 ��rzr? � "` _ '�2.r`"'� Brian W. Mains, Esq.