HomeMy WebLinkAbout03-17-05
C. LANDIS WILLIAMS,
PETITIONER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
CRAIG L. WILLIAMS,
RESPONDENT
: 21-05-0216 ORPHANS' COURT
ORDER OF COURT
AND NOW, this
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day of March, 2005, noting lack of probable
jurisdiction, the within petition is otherwise DISMISSED without further proceedings
because the remedy sought is not authorized in the context gUAevVif .
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Edgar B. Bayley, J.
Elizabeth B. Stone, Esquire
F or Petitioner
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STONE LAFAVER & SHEKLETSKl
^'T'T'ORNll:YS AT L.,AW
DAVlD H. STONIt
",t;;rcALU oJ. 5HEKLET$Kl
EUZABI!;'TH B. STONE
414 ElRIDGE $'t'REET
P05T OFFICE ElOX E
NEW CUM::aJ!lIiLA.1'lD. PA 17070
www.!;lrol.ll.h.w.net
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CHAR~ H. STONE
.InN po Urt.FAVILJt
March 8, 2005
TEL.EPHONE: (711) 774.'1435
I"AC511,m.t. 1'17) 774-880$
Edgar B. Bayley, Judge
Coun of Common Pleas
1 Courthouse Square
Carlisle, PA 17019-3387
Via First Class U.S. Mail and Facsiu~i11;:
Re: Williams v. Williams - 21-05-0216
Dear Judge Bayley:
Please accept this letter in response to your request for a. ~tatAment on the jurisdictional basis for
my filing on the above-captioned case. Our law firm has represented the legal interests of C. Landis
Williams since 1960.
Mr. Williams is a litelong resident of Cumberland County, having lived his entire life of8l
years in New Cumberland. but for the la.Flt four months. We facilitated in the sale of his home III Nt:w
Cumberland in October, 2002, where he had lived since at least 1960. Since then, has he has been
moved to three separate retiremcul hum~s over the course of the last two years in Cumberland County,
until it became apparent that none of them were prepared to deal with an Alzheimerls'patient to ours and
the POA's satisfaction. Most recently, Mr. Williams was moved involuntarily to Dauphin County last
winter against his will on the authority of his POA when it became applll:cut U!aL h~ could no longer be
contained: safely and securely at Bridges at Bent Creek. Mr. Williams is essentially still donliciled in
Cumberlaud Cuunty, and being held involuntarily in Dauphin County, because he no longer has the
capacity to make his own decisions.
Importantly, Mr. Williams' sole oontacts and ties lu lhe community have always been and
remain in Cumberland County. His family, as well as. his caretaker and POA. Ms. Mary Lou Crum, all
lesiuc in Cumberland County. His bank accounts and his safety deposit box are both located in
Cumberland County and. most importantly, the chose, that thing which we seck to obtain, is in
Cumberland County.
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Thus, to answer your question directly, we do 110t believe any other con
appropriate since all contacts remain here in Cumberland County.
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MAR 0 7 2005(41'1
C. LANDIS WILLIAMS,
Petitioner,
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PEN~SYL VANIA
v
CRAIG L. WILLIAMS,
Respondent
: ORPHANS' COURT -
;:21 os -diG
PETITION TO DIRECT CITIZENS BANK TO DRILL
AND TO OPEN SAFETY DEPOSIT BOX
AND NOW, this ,"" day of March, 2005, now comes the Petitioner, C. Landis:Willia~~,
by and through his attorneys, Stone Lafaver & Shekletski, and avers the following: '
C)
1. Your petitioner, C. Landis Williams, is 81 years of age, and is currently residing at
Arden's Court, 2625 Ailanthus Lane, Harrisburg. PA, 17100.
2. Your Respondent, Craig L. Williams, is the son of petitioner, with a last known
address of 34330 Mimosa Terrace, Freemont, California, and is believed to have resided there
for at least the last ten (10) years.
3. On or before October 10, 1990, Petitioner herein gave a Power of Attorney to his son,
the Respondent herein.
4.. It is believed and therefore averred that the Respondent used this POA to open a
safety deposit box in his name on or about October 15,2000, at the Cedar Cliff Branch of
Citizens Bank.
5. It is believed and therefore averred that on or about October 15,2000, the Respondent
stated to Citizens Bank employees that the reason he was opening up a safety deposit box at their
branch was to remove some of his father's papers and to place same into his own box.
6. It is believed and therefore averred that the Respondent removed a large portion of the
contents of his father's safety deposit box located at the Cedar Cliff Branch of Citizens Bank in
Camp Hill, P A, and placed these items into his own box, essentially barring his father's access to
his own retirement savings bonds.
7. It is believed and therefore averred that the Respondent specifically removed between
twenty-five and thirty-five ($25,000 - $35,000) thousand dollars worth of US. Savings Bonds,
and placed them into his own box.
8. On October 29,2002, Petitioner revoked the durable Power of Attorney which he had
given his son and appointed his durable Power of Attorney to his friend, Mary Lou Crum. (See
attached POA).
9. A copy of this revocation and new POA was sent to the Respondent via regular and
certified mail on or after November 19,2002, advising the Respondent of the revocation and
asking that he return all documents belonging to his father immediately. No response was ever
received.
10. Petitioner herein has requested the respondent through written correspondence to
return the savings bonds on at least three (3) separate occasions. All requests have been
ignored..
11. An employee from Citizens Bank indicated on or about October 1, 2004, that the rent
for the safety box opened in the Respondent's name had not been paid in over two years, and had
also indicated that its notices to pay up or it would drill the box also went unanswered.
12. On or about October 12,2004, the last day before Citizens Bank was going to drill
the safety deposit box because the rent went unpaid, the Respondent finally paid the past due
invoice in the amount of$19.00.
13. It is believed and therefore averred that the entire contents of Respondent's safety
deposit box are documents belonging to the Petitioner herein.
WHEREFORE, it is respectfully requested that the Court Direct and Order that
the Citizens Bank of the Cedar Cliff branch office, drill and open the safety deposit box owned
by Craig L. Williams, Respondent herein. In the alternative, it is respectfully requested that the
Court issue a Rule to Show Cause why Citizens Bank should not be directed to drill said box.
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POWER OF ATTORNEY
(A Durable Power of Attorney)
NOTICE
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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 PER-
SONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU.
THI S 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.
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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.
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I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND
ITS CONTENTS.
f ~k j;~
C. LANDIS WILLIAMS
o
( I {If. 51 ~ .-1odt;J
(Da te)
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BOOK 69fi PAGE 370
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I, C. LANDIS WILLIAMS, of the Borough of New Cumberland, County
of Cumberland, Commonwealth of Pennsylvania, hereby appoint MARY LOU
CRUM, as my true and lawful agent to act in, manage, and conduct all
my estate and all my affairs, and for that purpose for me and in my
name, place, and stead, and for my use and benefit, and as my act and
deed, to do and execute, or to concur with persons jointly interested
with myself therein in the doing or executing of all or any of the
following acts, deeds, and things to the fullest extent possible as
provided in Chapter 56 of the Pennsylvania Probate, Estates and
Fiduciaries Code as presently in effect and as hereinafter amended or
in any statutory provisions which may hereafter be substituted there-
fore:
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(1) To engage in real property transactions. My agent shall
have the power to sell a~d cc~vey all of my real property, and any
interest or right therein, including but not limited to the property
known as 610 Haldeman Avenue, New Cumberland, Cumberland County,
Pennsylvania, upon such terms as my attorney shall think proper.
(2) To engage in tangible personal property transactions.
(3) To engage in stock, bond and other securities transactions.
( 4 ) To engage in banking and financial transactions.
(5 ) To enter safe deposit boxes.
(6) To engage in insurance transactions.
(7) To engage in retirement plan transactions.
(8) To handle interests in estates and trusts, including the
power to claim the family exemption to the same extent as I personally
could do under the provisions of Sections 3121-3126 of the Probate,
Estates and Fiduciaries Code, or any similar provisions then in
effect.
(9) To pursue claims and litigation.
(10) To receive government benefits.
(11) To pursue tax matters.
(12) To borrow money.
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BOOK 696 fAGE 371
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(13) To create a trust for my benefit.
(14) To make additions to an existing trust for my benefit.
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(15) To claim an elective share of the estate of my deceased
spouse.
(16) To disclaim any interest in property.
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(17) To renounce fiduciary positions.
(18) To withdraw and receive the income or corpus of a trust.
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(19) To authorize my admission to a medical, nursing, residential
or similar facility and to enter into agreements for my care.
(20) To authorize medical and surgical procedures.
(21) To carryon any business interest owned by me for whatever
period of time deemed proper, including the power to do any and all
things deemed necessary or appropriate, including the power to incor-
porate any unincorporated business; to vote any and all shares of
stock owned by me in any such business; to borrow and to pledge assets
owned by me as security for such borrowing; to assent to, join in, or
vote in favor of or against any merger, reorganization, voting trust
plan, or similar action, and to delegate discretionary duties with
respect thereto; to delegate all or any part of the supervision,
management and operation of the business to such person or persons as
may be selected; and to close out, liquidate, or sell the business at
such time and upon such terms as shall seem best. My agent shall not
be held to personal liability for shrinkage of income or loss of
capital value that may be incurred in t~e course of the operation of
the business, except loss that may result from willful misconduct.
(22) To engage and dismiss agents, counsel, and employees.
(23) To enter into, perform, modify, extend, cancel, compromise,
enforce, or otherwise act with respect to any contract of any sort
whatsoever.
GIVING AND GRANTING unto my said agent full power and authority
to do and perform all and every act, deed, matter, and thing whatso-
ever in and about my estate, property, and affairs as fully and
effectually to all intents and purposes as I might or could do in my
own proper person if personally present, the above specially enumer-
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BOOK 696 PAGE 372
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ated powers being in aid and exemplification of the full, complete,
and general power herein granted and not in limitation or definition
thereof; and hereby ratifying all that my said agent shall lawfully do
or cause to be done by virtue of these presents.
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AND I hereby declare that any act or thing lawfully done here-
under by my said agent shall be binding on myself, and my heirs, legal
and personal representatives, and assigns.
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This Power of Attorney shall continue in force and may be
accepted and relied upon by anyone to whom it is presented despite my
purported revocation of it or my death, until actual written notice of
such event is received by such person. In the event of my incom-
petency or incapacity, from whatever cause, this Power of Attorney
shall not thereby be revoked but shall thereupon become irrevocable
during the period of my incompetency or incapacity, and may be
accepted and relied upon by anyone to whom it is presented despite
such incompetency or incapacity, subject only to it becoming void and
of no further effect only upon receipt by such person either of (1)
written evidence of the appointment of a guardian (or similar
fiduciary) of my estate following adjudication of incompetency or
incapacity, or (2) written notice of my death. This Power of Attorney
shall not be affected by my subsequent disability or incapacity.
In the event any court declares that I have become incompetent or
incapacitated, I hereby state I prefer that no guardian of my estate
or person be appointed so that my affairs may be conducted under this
general durable power of attorney, but if the court proceeds to
appoint a guardian of my estate or person then under the authority
granted to me in Section 5604(c) (2) of the Probate, Estates and
Fiduciaries Code I hereby nominate as such guardian of the estate or
of my person the person or persons who is or are then serving under
this general durable power of attorney.
My agent hereby shall be entitled to reasonable compensation for
services performed hereunder as well as to reimbursement for all
reasonable costs and expenses actual~y incurred in carrying out any
agent's duties and responsibilities hereunder. The agent acting under
this power of attorney shall not be liable for any acts of commission
or omission performed in good faith and shall be liable only for
deliberate and intentional defalcation.
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BOOK 696 PAGE 373
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IN WITNESS WHEREOF, I have hereunto set my hand this
;/9'
day
of
O~
, 2002.
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(J ':/~ L~
C. LANDIS WILLIAMS
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:1 COUNTY OF CUMBERLAND
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ii On the J..9'~ day of
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CQt.1HONWEALTH OF PENNSYLVANIA:
5S.
o~_
, 2002, before me, the
subscriber, a Notary Public, personally appeared the above named C.
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LANDIS WILLIAMS, and in due form of law acknowledged the foregoing
Power of Attorney to be his act and deed and desired the same to be
recorded as such.
Witness my hand and Notarial Seal the day and year aforesaid.
/f-'''h ~. ~~
Notary Public
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MyCmmIssfoo &phsMnb'O, 2m
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BOOK 696 PAGE 37 ~1
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COMMONWEALTH OF PENNSYLVANIA:
ss.
COUNTY OF CUMBERLAND
I, MARY LOU CRUM, 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 con-
trary 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
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I and disbursements on behalf of the principal.
~7cf~~
MAR LOU CRUM
(Agent)
/OA9/6:L-
(Date)
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BOOK 696 PAGE 37.5
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COMMONWEALTH OF PENNSYLVANIA:
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COUNTY OF CUMBERLAND
VA..
~q day of
On this, the
D~
, 2002, before me
the undersigned officer, a Notary Public, personally appeared MARY LOU
CRUM, known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrument, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
~~-;R.~
Notary ublic
KAVE ~ SEAL
NewCllnberf8Qdeoro. =::'Jc
MyCanmlssbi ExphsMlr:bV. ~ I
1 ['crtify this to be rCi.'orded
1n CUlnberland Cc iilt) P A
Recorder of Deeds
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BOOK 696 PAGE 376
fl \mis\l-verifi
VERIFICATION
MARY LOU CRUM, states that she holds the current Power of Attor-
ney of C. Landis Williams, Petitioner, named in the foregoing instru-
ment and that she is acquainted with the facts set forth In the
foregoing instrument; that the same are true and correct to the best
of her knowledge, information and belief; and that this statement is
made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to
unsworn falsification to authorities.
$4'vtl~~,~
MARY LOU CRUM, Agent u der Power
of Attorney of C. Landis Williams
Date:
;< /Jltvu-L d-D 0.5-