HomeMy WebLinkAbout05-5338
.
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Carl C. Risch, Esquire
Attorney 1.0. No. 75901
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, PAl 7013
(717) 243-3341
Attorneys for Plaintiff
HARLEYSV1LLE NATIONAL BANK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05- 533~ CIVIL TERM
v.
COMMUNITY TRUST COMPANY
Defendants
: JURY TRIAL OF TWELVE DEMANDED
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so, the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiffs. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT
HA VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAYBE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
(717) 249-3166
FlflLES\DA T AFILE\GeneraIICurrem\1 1407.2.com
Created 9/291053:33PM
Revised IO/J/05 140f>M
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Carl C. Risch, Esquire
Attorney I.D. No. 75901
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
HARLEYSVILLE NATIONAL BANK,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05- S-'33J CIVIL TERM
COMMUNITY TRUST COMPANY
Defendants
: JURY TRIAL OF TWELVE DEMANDED
COMPLAINT
AND NOW, comes the Plaintiff, Harleysville National Bank, by its attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO, and hereby avers as follows:
I. Plaintiff, Harleysville National Bank, is a Pennsylvania business, with an office at 483
Main Street, Harleysville, Pennsylvania 19438, and files this Complaint as Guardian of the Estate
of Mary Louise Whitney Weber, an incapacitated person.
2. Defendant, Community Trust Company, is located at 3907 Market Street, Camp Hill,
Cumberland County, Pennsylvania 17011.
3. Defendant is in the business of providing, among other things, personal trusts and
investments.
4. On or about i\ugust 9, 2004, Attorney Steven 1. Hogg drafted a Power of Attorney
for Mrs. Weber to Execute appointing Defendant as her Attorney-in-fact. A true and correct copy
of the Power of Attorney is attached hereto as Exhibit "A" and incorporated herein by reference.
5. On or about August 20, 2004, Mrs .Weber executed a Revocable Trust Agreement
naming Defendant as trustee. A true and correct copy of the Trust Agreement is attached hereto as
Exhibit "B" and incorporated herein by reference.
6. At the same time, Defendant gave Mrs. Weber a fee agreement and requested that she
sign it.
7. Mrs. Weber signed the fee agreement. A true and correct copy of the fee agreement
is attached hereto as Exhihit "C" and incorporated herein by reference.
8. At the same time, it is believed, and therefore averred, that Defendant drafted a letter
dated August 20, 2004, for Mrs. Weber to sign. A true and correct copy of the letter is attached
hereto as Exhibit "D" and incorporated herein by reference.
9. The letter dated August 20, 2004, revoked Mrs. Weber's Power of Attorney given to
her daughter, Elizabeth C. Notvest, and requested a transfer of Mrs. Weber's Custodian Account
from Plaintiff to Defendant.
10. The Custodian Account contained over $800,000.00.
11. A second letter dated August 31,2004, was also signed by Mrs. Weberrepeating the
language set forth in the August 20, 2004, letter. A true and correct copy of the letter is attached
hereto as Exhibit "E" and incorporated herein by reference.
12. The Custodian Account was transferred from Plaintiff to Defendant.
13. Mrs. Weber's personal belongings were also transferred to Defendant on oraboutthat
time.
14. A third letter dated September 23, 2004, and signed by Mrs. Weber was sent to
Defendant informing Defendant that she was revoking the Power of Attorney given to it and
requested that all assets and personal belongings be returned to Plaintiff immediately. A true and
correct copy of the letter is attached hereto as Exhibit "F" and incorporated herein by reference.
15. It is believed, and therefore averred, that on October 12, 2004, Defendant presented
Mrs. Weber with a Receipt and Release Agreement. A true and correct copy of the Release
Agreement is attached hereto as Exhibit "G" and incorporated herein by reference.
16. It is believed, and therefore averred, that Defendant requested Mrs. Weber sign the
Release Agreement before permitting her assets and personal belongings to be transferred as
requested pursuant to the letter dated September 23, 2004.
17. As indicated on the Schedule of Distribution to Exhibit "G," Defendant claimed and
was to be paid by Mrs. Weber a trustee fee of$750.70 and trust termination fee of$9,008.40 out of
the total monies held by Defendant.
18. The trustee fee and termination fee were deducted from Mrs. Weber's account, which
was still being held by Defendant.
19. The remaining balance from Mrs. Weber's account, being $815,404.51, was
transferred to Plaintiff.
20. On or about October 18, 2004, Dr. Herbert E. Myers, a Psychiatrist practicing at
Philhaven Behavioral Healthcare Services, performed an initial psychiatric evaluation on Mrs.
Weber. A true and correct copy of Dr. Myers evaluation is attached hereto as Exhibit "H" and
incorporated herein by reference.
21. According to the evaluation, Mrs. Weber had changed "her Power of Attorney a
number of times and been taken advantage of in the process." See Exhibit "H."
22. Dr. Myers concluded, among other things, that Mrs. Weber suffered from dementia
and could not care for herself financially.
23. On or about November I, 2004, a Petition for Adjudication of Incapacity and
Appointment of Guardian of the Estate was filed with regard to Mrs. Weber under Civil Action No.
2004-987. A true and correct copy of the Petition is attached hereto as Exhibit "I" and incorporated
herein by reference.
24. A hearing was held on November 12,2004, to determine whether Mrs. Weber should
be adjudicated an incapacitated pcrson and appointed a guardian of the her estate.
25. At the hearing, evidence was presented by the Petitioners that Mrs. Weber was in
need of a guardian to manage her financial affairs. Prior to being relocated to an assisted living
facility in Newville, Pennsylvania, in March of2004, Mrs. Weber was living in Ohio. Mrs. Weber
was unable to care for herself and her principal residence in Ohio and, subsequently, was removed
from her home by the local police and placed in an Ohio nursing facility.
26. While in Ohio, the Council for Older Adults of Delaware County, Ohio, prepared a
Written Notice of the Intent to Investigate report. The Notice stated, among other things, that Mary
has paranoid-type schizophrenia. A true and correct copy of the Notice is attached hereto as Exhibit
"J" and incorporated herein by reference.
27. Dr. Myers provided testimony at the hearing consistent with his evaluation.
n. Because of the Mrs. Weber's mental, physical, and psychiatric impairments, she
lacked the capacity to make or communicate responsible decisions or to manage her financial affairs
dating back to 2003, including her ability to enter into a contract with Defendant.
29. By Order dated November 12, 2004, this Court appointed Harleysville National Bank
and Trust Company ("Petitioner") as plenary guardian of the Estate of Mrs. Weber. A true and
correct copy of this Court's Order is attached as Exhibit "K" and incorporated herein by reference.
COUNT I
30. Paragraphs 1-29 are incorporated herein by reference.
31. Mrs. Weber is an incapacitated person as that term is defined under Chapter 55 of the
Pennsylvania Decedent's Estates and Fiduciaries Code, 20 Pa. C.S.A. ~ 5501 et seq.
32. Mrs. Weber was adjudicated an incapacitated person based upon specific facts and
circumstances that occurred over the past few years, including 2003 and 2004.
33. This Court determined Mrs. Weber cannot receive and evaluate information
effectively and communicate decisions based upon her acts and omissions that occurred prior to and
including August of2004.
34. In addition, this Court was presented and considered as evidence the fact that Mrs.
Weber entered into the agreements with Defendant that were to her detriment of over $9,000.00.
35. Therefore, because Mrs. Weber was adjudicated an incapacitated person based upon
facts that occurred prior to her entering into the agreements with Defendant, she was unable to enter
into a contract with Defendant and any and all agreements executed on or before August 20, 2004,
by Mrs. Weber and between Defendant are voidable under the law.
36. Plaintiff has requested that Defendant refund the trust fee of $750.70 and trust
termination fce of$9,008.40 accessed against Mrs. Weber, but Defendant has refused to do so.
COUNT II
37. Paragraphs 1-36 are incorporated herein by reference.
38. Defendant has claimed a total of $9,759.1 0 in fees from Mrs. Weber.
39. The fees were assessed as a result of Mrs. Weber entering into agreements that are
voidable.
40. Defendant has been unjustly emiched in the amount of $9,759.1 O.
WHEREFORE, Plaintiff demands judgement against Defendant in the amount of$9, 759.10,
plus costs of suit, interest from the date the money was retained by Defendant, attorney fees for
failure to return said fees, and any other relief this Court believes isjust and reasonable.
MARTS ON DEARDORFF WILLIAMS & OTTO
By caw
Date: \ \) -\1.. - () S
Christopher E. Rice, Esquire
Attorney LD. No. 90916
Carl C. Risch, Esquire
Attorney LD. No.75901
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
I_A\\' OfFICES Of
PHEN J. HOGG
HANOVER STREET
SUITE 101
RUSr_E. PA 17'-J\3
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
/\PPROVAL 8'1' 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 A HORNEY
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
CS. CH. 56.
IF THERE IS ANYTH!~IG ,II,BOUT THIS FORM THi\T YOU DO
i\jOT UNDERSTAND, YOU SHOULD fISK 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.
I ,-\ { 1:)
! \ ..f/: . /
;n.Fe./ ...~/./;j!. i--UL
MARY WE R
c;
DAf?"C7'
ocj
)
lAW OffiCES Of
EPHEN J. HOCC
S HANOVER STREET
SUITE 101
:ARLlSLF. PA 17013
POWER OF ATTORNEY
I, Mary Weber of Cumberland County, Newville, Pennsylvania, ~
do hereby nominate, constitute and appoint ileJ B. Slriilll, vvill,-<-- .~I'" ~ )/1\l11()}
Community Trust Company, Camp Hill, Pennsylvania as my true and I~
lawful Attorney-in fact, to act in my name, place and stead to do and
perform any 3ct that I myself might pel Iurm if i were personally present
in regard to the following:
To endorse checks, notes, drafts and any other commercial
papers in my name and to withdraw money from any bank accounts
that I may have for my benefit, and to sign orders or receipts therefore
in my name;
To enter into any safe deposit box I may have in my own name
or jointly with another person to inventory the contents of such box or
to do or perform any act with respect to the contents that I might legally
perform if I were personally present;
To grant, bargain. sell and convey my real property or any part
thereof for such price and on such terms and conditions as he shall
deem proper, with or without the taking back of a purchase money
mortgage or deed of trust and to collect and receive the proceeds from
any sale;
To enter into any contract or contracts for the sale of the
premises, or any part thereof with such persons and on such terms as
he shall in his discretion elect and to execute, acknowledge and deliver
in my name such deeds or conveyances, with such covenants and
conditions as he may deem proper, that may be required for the
transfer of said property or any part thereof or of any interest therein;
To execute a mortgage or deed of trust on my real property in
such amount and on such terms and conditions as he may deem
necessary and proper and to sign, execute and deliver, in my name or
otherwise, such instruments as may be required in connection with
obtaining the mortgage or deed of trust, and to do any other acts as !
I might or could do in obtaining the mortgage or deed of trust on the
property;
To sell and enter into a contract or contracts for the sale of all or
any part of my personal property, effects and belongings of every kind
and nature wherever situated for my benefit with full power to deliver
possession of said personal property and to execute in my name any
documents necessary to transfer title to said personal property,
LAW OFFICES OF
~PHEN J. HOGG
3 HANOVER STREET
SUITE [0 I
ARLlSLE, PA 17013
including bills of sale or other documents of title, and to take any
security interest for any unpaid balance which my Attorney-in-Fact in
his discretion may deem necessary and proper, and to buy, sell, assign
or transfer stocks, bonds or any other personal property;
To borrow money from such sources and on such terms as my
Attorney may deem fit and proper, and to execute in conjunction with
allV loan of money a security agreement covering any of my real or
personal property and to execute, sign, acknowledge and deliver in
any form that instrument that may be required in conjunction with the
transaction;
To authorize my admission to medical, nursing, residential or
similar facility and to enter into agreements for my care, This power is
to be construed and implemented in accordance with the provisions of
Chapter 56 of Title 20, Consolidated Pennsylvania Statutes, in effect
on the date of execution of this Power of Attorney;
To authorize medical and surgical procedures. This power is to
be construed and implemented in accordance with the provisions of
Chapter 56 of Title 20, Consolidated Pennsylvania Statutes, in effect
on the date of execution of this Power of Attorney,
I direct that this Power of Attorney shall be a durable Power of
Attorney and shall become effective upon my disability. My disability
shall be determined by and only by a specialist in the relevant area of
medicine after appropriate consultation and examination.
/)) d>l.t
Mary Weber,
~/
/
()' 7'
/
. dil) :~/
r;~
Date
r;.
7
. (\~. .,'1\
'. " , . ""
.9\",- \,'d,\
.::::0.... -'. ,-, -' '-'-' --'- -. ,. "" _'~ - \. '
\fIJI/ness ,,~
"
~ ,'" "., " l
-' '\ .~ l. - '.' ,,-,
r, 1"1 1\": F A i'l Y
REVOCABLE TRUST AGREEMENT
If.
This Revocable Trust Agreement is made and entered into this.J.DCfay of August 2004,
by and between MARY WEBER, hereinafter referred to as the Grantor and COMMUNITY
TRUST COMPANY, (and such successor corporation having trust powers as shall sllcceed to
the business of said trust company by purchase, merger, consolidation, or change of charter or
name), hereinafter referred to as the Trustee.
Grantor assigns, transfers, and delivers to COMMUNITY TRUST COMPANY, as
Trustee, the cash, securities, and other property described in Exhibit "A' hereunto and attached
and made a part hereof by reference. Trustee will have the right to disclaim, in whole or in part,
prior to its acceptance by Trustee, any interests in property for any reason, including but not
limited to a concern that such property could cause potential liability under any federal, state, or
local environmental law.
1. POWERS OF TRUSTEE
Trustee and any Successor Trustee may do and have done with respect to the trust estate, and
every pali thereof, all things which in its sole judgment or discretion may seem desirable and
proper to promote, protect, and conserve the interest of the trust estate and of the beneficiary in
like maimer as if Trustee were entitled to tbe said property beneficially. In order to defme with
pal1icularity certain of the powers hereby vested in Trustee, Grantor further declares that Trustee
or any Successor Trustee may, without the supervision of any Court, whether publicly or
privately, exercise each and all of the following powers, to be broadly construed with respect to
the trust estate, and every part thereof, as follows:
(a) To scii, exchange, transfer or convey, without advertisement, all or any part of said
trust estate upon such tenns and conditions as it sees fit, and to invest and reinvest said trust
estate and the proceeds of any sale, exchange, transfer, or conveyance of any portion thereof, in
such loans, stocks, bonds, or other interests in trusts, securities, mortgages, including common
trust funds, or other property real or personal, whether so-called "legal" investment oftrust
fl~lnds, or not, as to it may seem suitable, and to change investments and to make new
investments [i'om time to time as to it may scem necessary or desirable;
(b) To improve, repair, lease, rent for improvement or otherwise, for a term beyond the
possible termination of this trust, or for any less term either with or without option of purchase,
and to let, exchange, release, partition, vacate, dedicate, or adjust the boundaries 0 f, any real
estate constituting a part of such trust estate;
(c) To borrow money for such time and upon such tenns as it sees fit, with or without
pledging as security real estate or personal property of the trust estate, and to execute mortgages
or pledge agreements as required by the lender;
(d) To hold any property or securities originally received by it as part of said trust estate,
particularly including any stock or interest in any family corporation, partnership or enterprise,
or stock or obligations ot~ or property acquired from, Community Trust Company or its
affiliates, and to retain securities in any exchange so long as it shall consider the retention thereof
for the best interest of said trust estate, irrespective of whether such property or securities are a
so-called "legal" investment of trust nmds without liability for depreciation or loss through error
ofjudglTICnt, and in di~po::;ing of any property constitutLng a pal L of said trust estate to acquire
other property which is not a so-called "legal" investment of trust funds, where such course is, in
its opinion, for the best interest of said trust estate;
(e) To determine whether any money or property coming into its hands shall be treated
::1(' '1 n<;::Jrl "ftf1P nrinr;no::lll\fc<;:Jirl trllct pstotp or ::l n::lrt nfthp ;",..0.........1"0 thpro h-om to <:In.....r>rl;''.....
.....,,;::. !-"..U. "".L .. '-' .t-'~LU...,.t-'..... ,-,.L ...,..u...... u............., ............ -'-....t-'u.J. v L.UV U~'-' un.., LU......~'-' i.l u., U-PPViliV.Ll
between such principal and income any loss or expenditures in connection with said trust estate
as to it may seem just and equitable, and Trustee may, in its discretion, set up reserves out of
income to meet such items of depreciation, obsolescence, further repairs, construction, or
amortization of indebtedness deemed by Trustee to be proper equitable charge against income;
(f) To keep any property constituting a part of said trust estate properly insured against
fire, tornado, and other hazards, to pay all taxes, assessments, mortgages, or other liens now or
hereafter resting upon said property, and generally to pay all of the expenses ofthe trust incurred
in the exercise of the powers herein vested in it which in its judgment may be proper or
necessary;
(g) To make divisions and distributions hereunder for either cash or kind, or partly in
cash and partly in kind, and for that purpose to determine the value thereof, and to determine the
identity of persons entitled to take thereunder;
(h) To hold any or all securities or other property in bearer form in the name of Trustee,
or in the name of its nominee, without disclosing any fiduciary relation;
('\ T" "".......".-:;n-.=- ;p -?n" hUSinpcs nur nortnersh;n nr fro f'llnfinllP 'AD" b1,..;np<,C' or n::lrtnPTsh,"n
1,1; .. v '-'...1.';;,,'....5...... l..i-'- Ui J 1.-1 ~n..,<..J .L.L Lu ... .L AL', ...,. "'_' 'Y"-'J...,-'-'........... LH j ,..201..l.;_'-'~c.-. _'. r'-.....'--'--'-........' ..."--.t-
in which the Grantor may be interested at the time of Grantor's death, for such time and under
such management and conditions as in the discretion of Trustee may be expedient, or to liquidate
or dissolve any such business or partnership at such time and upon such terms and conditions as
in the judgment of Trustee is for the best interest of said tmst estate, or so far as may be
necessary in its judgment to cause to be incorporated any such business or partnership in which
the Grantor may be interested at the time of Grantor's death, or to protect an interest which the
Grantor may have in the securities of any corporation;
(j) To vote in person or proxy upon all stocks held by it, to unite with other owners of
similar property LIl carrying out any plans for reorganization of any corporation or company
whose securitics form a portion of the trust estate, to exchange the securities of any corporation
for other securities upon such terms as it shall deem proper, to assent to the consolidation,
merger, dissolution, or reorganization of any such corporation, to lease the propetty or any
portion thereof of such corporation to any other corporation, to all assessments, expenses, and
sums of money as it may deem expedient for the protection oftne interest oftne trust estate as
2
the holder of such stocks, bonds, or other securities, and generally to exercise in respect to an
securities held by it the same rights and powers as arc, or may be, exercised by persons owning
similar property in their own rights;
(k) To institute and defend any and an suits or legal proceedings related to the said trust
estate, in any court, and to employ counsel, and to compromise or submit to arbitration all
mailers of dispute in which said trust estate may be involved as in its judgment .may be necessary
or propec,
(1) At any time and from time to time to advance money to the trust estate from its funds
for any purpose or purposes of the trust, and Trustee may reimburse itself for the money
advanced and interest thereof from the trust property or from any funds belonging to the trust
property thereafter coming into its custody from any source;
(m) To pay from and out of the income of the trust property any and all expenses
reasonably necessary for the administration of the trust, including interest, taxes, insurance,
public liability insurance, and compensation of Trustee, and, in addition to Trustee's
compensation, extraordinary services performed by Trustee or services performed by agents
employed by Trustee, and in the event the income from the trust property is insufficient for the
purpose of paying such expenses, to pay the same from the corpus of the trust estate;
(n) To execute and deliver any and a1\ contracts, conveyances, transfers, or other
instruments, and to do any acts necessary or desirable in the execution of the powers herein
vested in it;
(0) To drill, explore, test, mine or otherwise exploit oil, gas or other mineral or natural
resources and to enter into and execute oil, gas and mineral leases; and
(p) To engage in any business, including farming and timbering, in a trust capacity, as a
partner (general or limited), or as a sole proprietor.
(q) Trustee shall be subject to the Prudent Investor Act (the "PIA") as enacted in the
Commonwealth of Pennsylvania in its exercise if any power to manage and invest the assets of
the trust. Grantor desires that Trustee, consistent with the standards of the PIA, continuously
assess the appropriate investment risk tolerance ofthe trust beneficiaries, and then invest the
trust assets seeking the maximum total return at that level of risk. Grantor believes, consistent
with modem portfolio theory, that the trust total investment return will be determined primarily
by the trust's asset allocation; not market timing or active management in security selection.
Grantor believes that the trust should diversify its investments with regard to assets classes and
individual securities to avoid uncompensated risk. Grantor does not intend to prohibit Trustee
from engaging in active management of trust assets where Trustee reasonable believes active
management can aid in achieviIlg the desired balance between risk and return.
2. PURPOSE OF TRUST
(a) Trustee shall hold said trust estate in trust for the Grantor's use and benefit for and
during Grantor's lifetime, unless and until revokcd by Grantor. During the tenn of the trust,
Trustee, unless otherwise directed in writing by the Grantor, shall do the following:
3
(1) [ ] distribute all income to Grantor at intervals reasonable to Grantor;
(2) [ J distribute all capital gains to Grantor at intervals reasonable to Grantor;
(3) [-r] distribute to Grantor principal amounts as Grantor shall from time to
time request in writing: or,
(4) [ ] reinvest all income.
(b) If at any time during the term of this trust Grantor should become incapacitated on
account of illness or physical injury, the trust shall continue, and Trustee in its sole discretion
and without the appointment of a guardian shall use and apply such part of the net income and
principal of this trust directly for the use and benefit of Grantor's care, comfort, and support or
for the care, comfort, and support of any spouse of Grantor, and any sums so expended shall be
deemed to have been paid to Grantor; a.T1d in the event that Grantor shall, at the time of such
incapacity, have in Grantor's employ any clerical or secretarial or other employee(s), Trustee
shall be expressly empowered to continue to pay the salaries of any such clerical or secretarial or
other employee(s).
3. REVOCA TION, AMENDMENT, AND ADDITIONS
Grantor expressly reserves the right, at any time, during Grantor's life, by notice in writing
filed with Trustee at least thirty (30) days prior to the effective date thereof, to revoke or amend
the trust in the following manner:
(a) To revoke or amend this agreement, and to alter or terminate the trust hereby
created, provided, however, that the duties, responsibilities, and rate of compensation of Trustee,
as herein provided, shaU not be altered or modified by amendment without the written consent of
Trustee;
(b) Grantor may make additions of property to the principal of the trust to be held
subject to the terms of this trust by transferring and delivering the same to Trustee with its
WrItten consent.
4. DISPOSITION OF TRUST
Unless previously revoked, then upon Grantor's death this trust shall terminate, and thc trust
estate, including income, shall be paid over to the Executor of Grantor's estate after payment by
Trustee of all expenses attributable to the trust.
4
5, COMPENSATION AND RESIGNATION OF TRUSTEE
(a) COMMUNITY TRUST COMPANY, as Trustee hereunder, shall receive as
compensation for its services a sum equal to the fees provided for in its Compensation Schedule.
Such compensation shall be deducted first from income, then from principaL
(b) Trustee shall have the right to resign at any time by giving thirty (30) days written
n0tir.;~ to Grantor.
6. RECORDS, STATEMENTS, AND BONDS
Trustee and any Successor Trustee shall maintain complete and accurate records concerning
this trust which shall be made available for inspection by Grantor at reasonable times. Statements
reflecting cash and asset transactions in the trust shall be furnished to Grantor at either quarterly,
semiannual or annual intervals, whichever is most convenient to Grantor. Trustee hereby is
expressly relieved from the obligation of giving bond or making any accounting to any court of
its action as Trustee hereunder.
7. MISCELLANEOUS
Throughout this Agreement, the masculine gender shall be deemed to include the
feminine gender and vice versa, and both shall be deemed to include the neuter and vice versa,
and the singular shall be deemed to include the plural and vice versa, whenever the context shall
permit. The situs of this Trust for administrative and accounting purposes shall be in the County
of Cumberland, Commonwealth of Pennsylvania, and all questions pertaining to the construction
or validity of the provisions of this Agreement shall be governed by the laws of the
Commonwealth of Pennsylvania.
8. ACCEPTANCE BY TRUSTEE
COMMUNITY TRUST COMPANY has joined in the execution of this instrument for
the purpose of evidencing its consent to act as Trustee hereunder.
IN WITNESS WHEREOF, the undersigned MARY WEBER and COMMUNITY TRUST
COMP ANY have joined in the executing of this instrument, in duplicate, on the day and year
first written.
).1 . !'~
,,---, ,. ,
" ;' ':/ r ,; i /
,. , / (II .J <-
;"'1/,\ . " ,/,( / [ I----<~~.
I r J /{'L.-jj- I ". l ! / -
M~ry wetler / "Grantor"
.'
I
!, /
L-~/
,..:'1/# A~~-..
.--;p~ ..'" ~ ,
Community Trust Co / Trustee
5
COMMONWEALTH OF PENNSYLVANIA
COUNTY CUMBERLAND
I, the undersigned, a notary public in and for said County, in said State, hereby certify that
MARY WEBER, whose name is signed to the foregoing Revocable Trust Agreement, and who
is known to me, acknowledged before me on this day that, being informed ofthe contents of said
instrument executed the same 'loluntarilv Oi1 the day tbe Same bears ;lei.te. Given under rny hand
a~(;s~af, this.}orb.day of August, 2004.'
Notary Public
'K~~L. 6-CQO':?J::::
My Commission Explfes:
~&ael
~J.Cl6'<.~ NlIe
1it:m~.T""",~Counly
Iloiy CoTrnIssioo ExpIres Dec. 17.2006
~. Penns)1vanla .A.9sociation Of Notaries
6
!rreyo<;ablf_.1llLC.U{cyof_able Tl~!.ISt~
MARKET VALUE FEE
1.10% on the first
100% on the next
o 90% on the next
0.80% balance over
$ 500,000
$ 500,000
$ 500,000
$ 1.500,000
MINIMUM FEE: (per year)
Standard Trusts $1,500
Plus an Annual base fee $ 250
STANDARD ADMINISTRATIVE SERVICES
A. Investment Management
1. Investment management of stocks, bonds, money market instruments
2. Periodic revic\\-' of assets and portfolio
3. Execution of security trades
B. Administrative
L Determination of beneficiary needs
2. ComrnWlication with beneficiaries
3. Safekeeping of assets
4. Collection/distribution of income
5. Deciding discretionary distributions
6. Bill paying services and medical claim filing services,
C. AccolI1l(jng
L Recordkeeping
2. Periodic statement of activity
3. Periodic statement of asset values
OTHER FEES
. Fees quoted are annual fees, They will be prorated and charged to the account monthly, Fee Will be
(lssessed based on the market value of the account on the last business d1Y of ever~y monlh
. Grantor Directed Tmsrs (outside investment advisor) will be charged a 20 basis point premium
8 Federal Reserve wire fees at cost. Broker and SEe commissions for trades at cost.
. Account Tenui1l3tion Fee: Equal to the average fee charged over tlle prior 12 months, annuahzed,
(If account open less than t 2 months, average of total fees charged, annualized.)
o Trust Company receives a 25 Basis Point comrn.ission from fund provider on money market balances
. Fiduciary Income Tax Preparation fee is not included in the Trustee fee.
a Fees quoted are for the standard asset management and adrrtinistrative services as noted above.
CTC reserves the right to charge additional reasonable compensation for extraordinary services
based on time, expertise and reimbursement of costs and expenses
Date
~---l ./,> i /
;:/A/oC;
I / 7---
,)!
I, I/}. .'~ _ //
J / /6.Ji.-~/! :..'
Customer Sfgnature
,
L'r'- ,.
3907 \.!arket Street Camp Hill. PA 17(j II Tekphol1e 717.7319604 888.442%04 Fax 717,737,783.'~ lV\'\Ncommunitytmstcocon.
Mary Weber
210 Big Springs Rd #15
Newville, PA 17241
L1 COpy
Harleysville National Bank and Tmst Company
Ms. Leslie Morgan, Tmst Administration
483 Main Street
Harleysville, P A 19438
August 20, 2004
RE: Custodian Account for Mary Weber; Elizabeth C. Notvest POA
Dear Ms. Morgan:
The intent of this letter is to inform you that I have revoked my Power-of-Attorney given
to my daughter, Elizabeth C. Notvest, as of August 9, 2004. Please transfer the above
referenced custodian account to Community Trust Company, located at 3907 Market
Street, Camp Hill, PAl 701 L
Please transfer all "securities" now held in my custodian account as "assets in kind" to
Cornmun.ity Tmst Company; wiring instructions are attacbed for transferring securities.
Please wire cash proceeds per the enclosed wiring instructions for "cash only."
If your trust department would have any questions concerning these wiring instructions,
please contact Rebecca 1. Clark, Operations Manager, at Commun.ity Trust Company,
717.731.9604. Tharrkyou.
Sincerely,
rll
,/ / / i/ /2j;~_
Mary we1
:); ~-.
i /j/- '" ,.1 I
'. ..' i)" ('
i';/! (f .(..Ie (./'1/
j
210 Big Springs Road, # 15
Newville, PAl 7241
August 31, 2004
Harleysville National Bank and Trust Company
483 Main Street
Harleysville, P A 19438
Attention: Ms. Leslie Morgan
Trust Administration
RE: Custodian for Mary Weber
Dear Ms. Morgan:
The intent ofthis letter is to infonn you that I have revoked all prior Power of
Attorneys executed by me, as of August 9, 2004. Please transfer the above referenced
custodial account to Community Trust Company, located at 3907 Market Street, Camp
Hill, PA 1701\
Please transfer all "securities" now held in my custodial account as "assets in kind" to
Community Trust Company; wiring instnlctions are attached for transfemng securities.
Please wire cash proceeds per the enclosed wiring instructions for "cash only."
If your trust department \vould have any questions concerning these 'vviring
instructions, please contact Rebecca J. Clark, Operations Manager, at Community Trust
Company, 717-731-9604. Thank you.
~~
Sincerely, .
. ~'
, . ;. UJI
;) f u-At~)lj<-) U
I
Mary W~0er
~ -2004 10: 35
.
C)
P.02/04
MIH'j Louist Whitney WtiDe!'
GrunRUlp ViJ/aflt
GII.1J4lSnd Mallor
110 Big Spri1fg Road
Nffl'l/iJle. PA J7341-!MB6
Sep~~r23.2004
Ms. Susan A. Russell
Community Trust Company
390 I Market Street
Camp Rill. PA 17011
Dcu Ms. Russell:
I 11m writing to let yoU know that I am revoking the Power of Anomey for Community
Tl'WIt Company effective immediately. Community Trust Company is not to liquidllte
any of my I19SCts and it is expected that all BBselS IiUld personal belongings will be returned
to me immediately. Please relunl my assets 10 the HarleysviUe National Bank where they
were initially transferred from. These lU1: my explicit instructions and I expect them kl be
carried out effective immediately. Original documelllS of revocation forthcoming.
Sincerely, .
/n~ ;;,~)fijjj;f; {lj v&u
Mary Louise Whitney Weber
cc: Fred B. Smith
Steven 1. Hogg
7'1arr~~;J~ ~~'fJ/Mnt~
~ ~/i1u- ~ dJrd da;-- r .~~
;100:/"
7kL- / ~
COMMONWI<AL TH OF PENNSYLVANIA
Notarial Seal
VICl<J L Hopkins, Notary Public
West Pennsboro T\\? Cumbarland County
My C<JmmlsslOl1 Expires Jan. 15,2008
MfI!Ylb~r, F'ennsylvan1a A~f;OcI8t1on Of NOlaries
INRE:
THE MARY WEBER
REVOCABLE TRUST
IN THE COURT OF COMMON
PLEASE OF CUMBERLAND
COUNTY
ORPHANS COURT DIVISION
Dated: AUGUST 20, 2004
RECEIPT AND RELEASE AGREEMENT
THIS RECEIPT AND .RELEASE AGIH'EMENT is signed by the Undersigned, Mary
Weber, on this 12th day of October, in the year Two Thousand and Four (2004).
WHEREAS, Mary Weber, as Donor, entered into an Agreement with Community Trust
Company, as Trustee ofthe Mary Weber dated August 20,2004; and
WHEREAS, under Article 3, of the Mary Weber Revocable Trust, Grantor expressly
reserves the right, at any time, during Grantor's life, by notice in writing filed with
Trustee at least thirty (30) days prior to the effective date thereof, to revoke or amend the
trust.
WHEREAS, Grantor, Mary Weber, by letter dated September 23, 2004 notified
Community Trust Company of her intent to remove them as Trustee; and
WHEREAS, Mary Weber, by letter, requested all personal belongs returned to her
immediately, and all assets are to be returned to the Harleysville National Bank, the bank
where they were initially transferred from; and
WHEREAS, Upon receipt of instructions from the Harleysville National Bank the assets,
will be transferred.
NOW THEREFORE, the said Grantor, M:ary Weber, hereby states that she has
received the attached Report of Assets from Community Trust Company and is satisfied
that the statement is proper and correct and hereby wai ve the filing of a formal account in
the Orphan's Court of Cumberland County, Pennsylvania and does hereby remise,
release, quitclaim and forever discharge Community Trust Company, Trustee as
aforesaid, from the duties of said Trust and of and from all actions, suites, payments,
accounts, reckonings, claims and demands whatsoever, for or by reason thereof.
SCHEDULE OF DISTRIBUTION
AND EXPENSES
FOR THE
MARY WEBER
REVOCABLE TRUST
DATED AUGUST 20, 2004
Total assets as listed on the enclosed
Report of Assets as of September 30, 2004
(Ivfarket Value)
796,288.79
Income Cash
115.24
Principal Cash
28,759.58
Less:
Community Trust Company
Trustee Fee 09/30/04
Trust Termination Fee
750.70
9,008.40
Final Distribution
815,404.51
THE UNDERSIGNED, further agrees to indemnify and hold harmless Community
Trust C0111pany, Trustee aforesaid, its successors and assigns, froll1 and against all claims,
loss, liability or damage which it may suffer or to which it may be subject by reason of
the distribution without the approval of the Court having jurisdiction. In consideration of
the distribution described above, the undersigned agrees to pay the fiduciary any amount
up to the value of the above-described distribution that may be necessary in the future to
discharge any liabilities ofthe above-described Trust.
IN WITNESS THEREOF, I have hereunto set my hand this 12th day of October 2004.
WITNESS
Mary Weber
(( L/ i/
,
,o\
...J
) ,- ;J
( .c~{tC{.
,;LL r;,. >-5---'
". ~ . .--..----------
) )"1
... I
~_L___._
COMMONWEALTH OF PENNSYLVANIA)
, ) SS:
COUNTY OF Cl..UtdlQ.clCL1.-LA )
On this, the 12th day of October 2004, before me, a Notary Public, the undersigned
officer, personally appeared Mary Weber, known to me (or satisfactorily proven) to be
the person whose name, is subscribed to the foregoing Receipt and Release, and
acknowledged that they executed the same for the purposes therein contained.
'\VITNESS my hand and Official Seal.
~R~w~~~, C~CO(coJ:
Notary Public .
My Commission Expires: 1('..1/1 (o~
~&lflI
AblaI:eJ. C1eo4t,HaIaIy~
'fa,'.,.:l<;J,r"P.. Clmbettai1dCoto1lv
MyCotlfllr~ivn E>qjres Dec. 17, 2OCl6
Member, Pennsyfvania Association Of Notaries
PhiIhaven
283 South Butler Road
PO. Box 550
Mount Gretna, PA !7064
(717) 273.887!
(717) 270.2452 FAX
11/6/2004
Christopher E. Rice
10 East High Street
Carlisle, PA 17013
Affidavit Regarding: Mary Louise Whitney Weber, No. 21-04-0987 Orphans' Court Division
- Cumberland County C.c.P.
On October 18, 2004, I performed an initial psychiatric evaluation on the above named
person. She was alert but only partially oriented to place and time. In addition, she exhibited
some difficulty with immediate memory. She was given the diagnosis of mild dementia.
Despite the deficits, she presented well and did not seem incapable of making her own
decisions at that time.
On October 19 and 20, 2004, I spoke with both of her daughters to gather further history and
corroborate my initial fmdings. The history given by the daughters of their mother prior to her
admission to the current residence differed significantly from that given by the patient. It
appears Ms. Weber had significant difficulty in self care and care of her resources when living
alone in Ohio. She clearly needed a supervised setting which resulted in her being moved to
Green Ridge Village.
She has changed her Power of Attorney a number of times and been taken advantage of in the
process. It is unclear who her current POA is and her fees at Green Ridge Village are not
being paid in a timely manner.
Therefore, my fmal assessment is that Ms. Weber has exhibited significant deficits in
judgment and insight to her own detriment. She has been unable to care for herself outside of
a structured, supervised setting. She does not seem capable on her own of consistently and
responsibly managing her resources in her own best interest. With the diagnosis of dementia,
there is little chance ofthis situation improving.
Respectfully,
;~J(? '77~_ /H P
Herbert E. Myers, M.D.
Senior Psychiatrist and
Consultant
J:;~)- JJdsOw.&cZ
-t./v-~ 4:---0 8 ~ cb10 ~
~V:c..,....j,"V\_, 2.00, '1.
1fI{iu~jJ !fftt
NOTARIAL SEAL
VICTORIA L. OTTO, NOTARY PUBLIC
CARLISLE BORO" CUMBERLAND COUNT'!
MY COMMISSION EXPIRES OEC. 2 2006
BefulvioraL ,f-leatthcClre Services
F\F!LES\DATAFILE\GcncraJICurrent\1 IJ3B, I ,pel!
Created: rOfll!04 I024AM
Revised JO!191041:17PM
INRE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARY LOUISE WHITNEY WEBER,
Incapacitated person
ORPHANS' COURT DIVISION
: NO.
~f
.
PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF A
PLENARY GUARDIAN OF THE ESTATE OF
MARY LOUISE WHITNEY WEBER
The Petition of SUSANNE W. BURTNER, ELIZABETH C. NOTVEST, and MARK D.
WEBER, by and through their attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, hereby
represent the following:
I. Petitioner, Susanne W. Burtner, is an adult individual residing at 14217 Greenspan
Lane, Rockville, Maryland 20853.
2. Petitioner, Elizabeth C. Notvest, is an adult individual residing at 560 Old Skippack
Road, Lederach, Pennsylvania 19450.
3. Petitioner, Mark D. Weber, is an adult individual residing at 44 Old Hickory Lane,
Grove City, PA 16127.
4. Petitioners are the adult children of Mary Louise Whitney Weber, who is presently
a resident of Green Ridge Village, Newville, Pennsylvania.
5. Mary Louise Whitney Weber is an incapacitated person as that term is defined under
Chapter 55 of the Pennsylvania Decedent's Estates and Fiduciaries Code, 20 Pa.C.S.A !i 5501 et
seq. Mary Louise Whitney Weber is an adult whose ability to receive and evaluate information
effectively, and communicate decisions in any way, is impaired to such a significant extent that she
is partially or totally unable to manage her financial resources.
6. The incapacitated person, Mary Louise Whitney Weber, does not have a spouse as
her husband predeceased her on May 20, 1979.
7. The incapacitated person was born on May 17, 1925, and is presently 79 years of age .
8. The incapacitated person does not have any parents presently living.
9. The presumptive adult heirs of the incapacitated person are three children, to wit:
Susanne W. Burtner, 14217 Greenspan Lane, Rockville, MD 20853
(daughter) ;
Elizabeth C. Notvest, 560 Old Skippack Road, P.O. Box 417, Lederach, P A
19450 (daughter);
Mark D Weber, 44 Old Hickory Lane, Grove City, PA 16127 (son).
] O. The incapacitated person is presently a resident of Green Ridge Vil!age, 210 Big
Spring Road, Newville, P A 17241, an assisted living facility providing both medical and residential
services to the incapacitated person.
11. Petitioners seek to have a plenary Guardian of the estate appointed by the Court.
12. The incapacitated person is in immediate need of guardianship. She is acknowledged
to be incapacitated by the Petitioners. Consequently, the failure to make such appointment of a
guardian would result in irreparable harm to the incapacitated person and the estate. Petitioners
believe, and therefore aver, that without a plenary guardian of the estate, the incapacitated person
will not have the financial ability to care for herself and fulfill her financial obligations.
13. Upon information and belief, review of prior medical records, conversations with the
caregivers at Green Ridge Village, a medical examination by Dr. Herbert Myers, and statements
made by employees at Harleysville National Bank and Trust Company, there is clear and convincing
evidence that the incapacitated person lacks the ability and mental capacity to manage her finances.
Prior to being relocated to an assisted living facility in Newville, Pennsylvania, the incapacitated
person was living in Ohio. She was unable to care for herself and her principal residence in Ohio
and, subsequently, was removed from her home by the local police and placed in an Ohio nursing
facility. After a few months, she was permitted to return to her residence; however, her deterioration
raised great concerns. Thereafter, in late March of 2004, Petitioners, then the attorneys-in-fact,
relocated the incapacitated person to a central geographical location in relation to Petitioners, being
Green Ridge Village, in order to monitor her physical and monetary needs.
14. There is an immediate need for guardianship because there is no longer an attorney-
in-fact to handle her affairs. The incapacitated person revoked numerous powers of attorney over
the past four months, including a power of attorney to Petitioners, resulting in less than adequate
supervision over her estate.
15. The incapacitated person's assets were previously being held by Harleysville National
Bank and Trust Company, 483 Main Street, Harleysville, Pennsylvania 19438. Petitioners believe
that her assets should remain and/or be returned to Harleysville because Harleysville acted in her best
interest when maintaining the assets in a custodial account.
16. Steps have been taken to find less restrictive alternatives for the incapacitated person,
but Petitioners conclude that none are available other than a court appointed guardian over her estate.
17. The specific areas of Incapacity over which Petitioners have requested the guardian
be assigned powers consist of all the financial affairs, including, but not limited to, satisfying
creditors and appropriate investing.
18. Petitioners recommend Harleysville National Bank and Trust Company, a corporate
fiduciary, who is fully qualified and capable to act as guardian. Petitioners have contacted
Harleysville and obtained its consent to be recommended as a plenary guardian of the estate.
Harleysville has no interest adverse to the incapacitated person.
19. This court has jurisdiction over the alleged incapacitated person pursuant to 20 Pa.
C.S.A. 712(4) and 20 Pa. C.SA 5511 et seq.
20. The incapacitated person's net worth, to the best of Petitioners' knowledge is
approximately $1,000,000, which includes a vacant home in Ohio. To the best of Petitioners'
knowledge and the extent known, the income from the incapacitated person's social security,
pension, and other sources of income is less than $2,700 per month, approximately $32,500 per year.
21. Besides approximately $5,000 owed each month to Green Ridge Village, the
incapacitated person is liable to unpaid creditors. The incapacitated person's bills exceed her
monthly income, and bills remain outstanding to, among others, Green Ridge, the Internal Revenue
Service, medical professionals, and attorneys. Further, the incapacitated person has failed to deposit
dividend checks issued to her since 1999 from various payors.
22. Because of the alleged incapacitated person's mental, physical, and psychiatric
impairments, she lacks the capacity to make or communicate responsible decisions or to manage her
financial affairs including the ability to communicate her need for assistance \\lith her estate.
23. The severity ofthe alleged incapacitated person's mental, physical, and psychiatric
conditions necessitates that a plenary guardian of her estate be appointed to manage and handle all
aspects of her estate. She is further in need of a guardian to manage her finances in order to pay for
her daily living expenses, taxes, both real and personal, medical bills, and any other debts that may
arise over time. More importantly, the incapacitated person is subject to abuse and manipulation by
third parties and, Petitioners believe, is currently the victim of designing persons.
24. No other court has ever assumed jurisdiction in any proceeding to determine the
capacity of the aJleged incapacitated person.
25. No other guardian has been appointed for the estate or person of the alleged
incapacitated person. All of her personal and financial affairs have been handle pursuant to the prior
Power of Attorneys held by, James Dietz, Esquire, Petitioners, and Community Trust Company.
26. Dr. Herbert Myers, a Psychiatrist practicing at Philhaven Behavioral Healthcare
Services, 283 South Butler Road, Mr. Gretna, Pennsylvania 17604, examined the incapacitated
person on October 18, 2004, and is wiJling to supply this Court with an affidavit setting forth his
findings if this Court so orders.
WHEREFORE, Petitioners respectfuJly request:
(a) This Court award a citation directed to Mary Louise Whitney Weber, the
alleged incapacitated person, and to such other persons as this Court may
direct, to show cause why Mary Louise Whitney Weber should not be
adjudged an incapacitated person and Harleysville National Bank and Trust
Company, a financial institution, appointed plenary guardian of her estate,
(b) This Court order all assets of Mary Louise Whitney Weber remain with
and/or be returned to Harleysville National Bank and Trust Company, and
(c) This Court appoint Harleysville National Bank and Trust Company as plenary
guardian of the estate of Mary Louise Whitney Weber to be responsible for
all aspects of the estate.
MARTS ON DEARDORFF WILLIAMS & OTTO
Date: November 1, 2004
i .....,-, '1/""" ,'\
'. I ,(, ..... .
1 j . " .: I
By \ l. /'_')-.:oi, /
'--'~<;... ..~ "'-":/ -----
Carl C. Risch, Esquire
I.D. Number 75901
Christopher E. Rice, Esquire
I. D. Number 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-334]
Attorneys for Petitioners
VERIFICATION
I hereby verifY that, to the best of my knowledge, information, and believe, all averments in
this document are true and correct, and that I have the authority to make this verification. This
statement of verification is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsifications to authorities, which provides that in make knowingly false averments, I may
be subject to criminal penalties.
/'/ /2/
/ Mt# { ,
Susanne W. Burtner
Date: October ,.,2..-~ 2004
VERIFICATION
I hereby verify that, to the best of my knowledge, information, and believe, all averments in
this document are true and correct, and that I have the authority to make this verification. This
statement of verification is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsifications to authorities, which provides that ifI make knowingly false averments, I may
be subject to criminal penalties.
Date: October >'r;, 2004
G~ (' ~7J
o /?'o{-,,'f/~.." I'Ji1/',''<J''f-/
Eliza.bith C. Notvest r .
VERIFICATION
I hereby verify that, to the best of my knowledge, information, and believe, all
averments in this document are true and correct, and that I have the authority to make
this verification. This statement of verification is made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsifications to authorities, which provides
that if I make knowingly false averments, 1 may be subject to criminal penalties.
Date: October 26, 2004
/~L
Mark D.' eber
. FILE No. 25802/01 '9322:5geU1NIERFA,).(6500
'.--
,
PAGE 2
Counci I l'rI/"d:
Older Adults
Of DElAW^RE [OU~TY
WRITTEN NOTICE OF THE INTENT TO INVESTIGATE
A REPORT OF POSSIBLE:
ABUSE/NEGLECT/EXPLOITATION O.F AN ADULT
(ORC 5101.62)
Delaware Commerce Park
818 Bowtown Road
Delaware. OH 430'!5
The county department of human services. has received a report thut you
are suffering from (circle one) abus~ploitation, as evidence by
the following reported inionnation:
740-363-6677
800-994-2255
Fax 740-363-7588
www.growingolder.arg
~'M~ V\o...b -:p-^-J\.C' "'C,\c'~ '~fv' - 5'~r-(~VL!\...jU\_~_~
Cl--Ii'd. d(~fld '-\-\,(0\\..Jf...-> 1m ~ 1 Ll.C j V1()~~IOV\S Clu...... ~
lA.!\...( U . ~C\A~ \\0-.1\ rls..llJ-...b.-\..A'l..l\ 00 ~~~O-..->.
t~O~M~~ ~..~.j~~~ ~~
11ii'~ the legal responsibility of ncll for Older Adults (via C0l11Tact with (Y0L~~.~
the Delaware County Department of Jobs & Family Services) to ~
investigate this report and determine whether your life is endangered or C-LI~ tv
whether physical harm, mental anguish or mental itiness is lih!y to result, ~:::>~
and to provide protective services to you if needed a~d available. QJL.t...o....--v\....J-1/~ ~
EXPLANATION OF. THE NOTI€E 'vv.s~ ~ .
(ORC 51U1.62) ~.. ~
The COlmty Department of Jobs & Family Services has received a report ~ -: ~
that you are believed to be in danger of death, physical harm or mental ,0~ 'Y\..
harm. Under Ohio law it is our responsibility to investigate'this report and ~"V~\ '0- - -.::l
detennme whether your lIfe IS m danger or whether YOu may be suffermg Y'vv:L b~.cc.,
physical Ol; mental harm. My job is to be of (lSsistance to you and those '-^j .'
who come into contact vvith you. If you are abused, neglected Gl'~Y\.-.ll- L/:)
exploited, my job is to see if we can provide services that will protect you csvdt. -\D ~~. V<--l-A..
[roin t1jJiher suffering and help those who come mto contact WIth you to
bettedmfH:lle the stresses and strains in iheir lives.
My name is Jod'J ~l Q + e..s I 15~) (lnv esti gator)
"\ L1. 0 - 2J..s/?::, - LDlo Tl
My phone number is
"Helping Delaware County become 0 better place to grow alder,"
F:\FILES\DAT AFJLE\Ge~eral\Current\ 11 ] JR. 1 ,ord
Created: 1111104 JJ.40AM
Re"ised: lIl12/04 ]0:45AM
INRE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARY LOUISE WHITNEY WEBER,
Incapacitated person
ORPHANS' COURT DIVISION
NO. 21-04-0987
.{
AND NOW, this l~ ~y of fJf'~
,2004, in consideration of the Petition
for Adjudication ofIncapacity and Appointment of a Plenary Guardian ofthe Estate of Mary Louise
Whitney Weber and a hearing on the Petition, and a determination that Mary Louise Whitney Weber
is an incapacitated person as defined by Chapter 55 of the Pennsylvania Decedent's Estates and
Fiduciaries Code, 20 Pa.C.S.A. !i 5501 et seq., this Court appoints Harleysville National Bank and
Trust Company as the
Weber.
Guardian of the Estate of Mary Louise Whitney
By the Court:
J
.
J\ mUE COPY Ff',OM
In Testimony wh:Euof, ! h8ri3unt~=i
~;$-( my hand and '(he ':',82)1
of :;aid Coun at Cad:~;~8, P/\
'h'" ,-,:t.I,-" .,\-, , ;."
1,/'_:1- If), uaY;'}!..L~~S.L\..lU~2d_.~.~ \
'-.;;-~~".'-&'-- '?,h,=c:;;'::.~=.,1s.t,.'c)b
Cierk of the Orphans
Cumberland r:;c-ur;'
f''-....-'
I \-;,.'
(\ (' <.",;.:'--,--,./i '.'-(,:---1.,_ (c_:sr:2. (- -'
~-~ \....' __~' 'C'f\ S 'h, '" '._ \\ -+- 2. !'. '::-:0 (i
VERIFICATION
Evelyn A. Fahs, Trust Officer, Harleysville National Bank, acknowledges that she has the
authority to execute this Verification in behalf of Harleysveill National Bank and certifies that the
foregoing Complaint is based upon information which has been gathered by her counsel in the
preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I
have read the document and to the extent that the Complaint is based upon information which I have
given to my counsel, it is true and correct to the best of my knowledge, information and belief. To
the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making
this Verification.
This statement and Verification are made subject to the penalties of18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
Harleysville National Bank
~
~
~-
-
<;:-
......0
~
-
+-l
p
----
~
.--
Cl
, .
~
~
..1\
v~
'!\
~
--c>
~
'"3
'0
S
~
C>
r----.
/0
~.
:s-
'-.....-/
.\
",
.
,
-
",p
" ..~ -1:1
, ."',
:~
l_,';"l
" 1, r.,
f',)
c'
__r
."
::1.
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05338 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HARLEYSVILLE NATIONAL BANK
VS
COMMUNITY TRUST COMPANY
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
COMMUNITY TRUST COMPANY
the
DEFENDANT
, at 1458:00 HOURS, on the 27th day of October
2005
at 3907 MARKET STREET
CAMP HILL, PA 17011
by handing to
KATHY STORECK, OFFICE MANAGER, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
So Answers:
18.00
13 .44
.37
10.00
.00
41.81
....-;17~1f'..~2-,::;,~~~~"
t' q
R. Thomas Kline
10/28/2005
MDW&O
~
6 ...
( P onot y
A.D.
Sworn and Subscribed to before By:
me this
,-,rt::
6
day of
u ...
HARLEYSVILLE NATIONAL BANK, : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
vs.
COMMUNITY TRUST COMPANY,
a Pennsylvania corporation,
Defendant.
: DOCKET NO. 05-5338 CIVIL
PRELIMINARY OBJECTIONS TO COMPLAINT
AND NOW, comes Community Trust Company (hereinafter "Defendant"), by and through
its undersigned counsel, and makes the following Preliminary Objections to the Complaint in the
above-captioned action:
I. FAILURE TO COMPLY WITH COURT RULE - Pa.R.C.P. 2054(a)
I. "An action in which a plaintiff is incapacitated shall be entitled' A, An Incapacitated
Person, by B, Guardian' against the defendant." Pa.R.C.P.2054(a).
2. This action is being brought by Harleysville National Bank as guardian for Mary
Louise Whitney Weber, an incapacitated person, but the action is not entitled according to Pa.R.C.P.
2054(a).
WHEREFORE, Defendant respectfully requests that the Court dismiss the Amended
Complaint.
"
II. FAILURE TO COMPLY WITH COURT RULE - Pa.R.C.P. 1020(a)
3. If a plaintiff states more than one cause of action against the same defendant, then
"[ e ]ach cause of action and any special damage related thereto shall be stated in a separate count
containing a demand for relief." Pa.R.C.P. 1020(a).
4. The Complaint contains two counts, but Count I does not include a request for relief.
WHEREFORE, Defendant respectfully requests that the Court dismiss the Complaint or,
in the alternative, strike Count I from the Complaint.
Respectfully submitted,
GATES, HALBRUNER & HATCH, P.C.
'17l0~ {:5.~<.' _~ >
Mark E. Halbruner, Esquire
Attorney ID No. 66737
1013 Mumma Road, Suite 100
Lemoyne, P A 17043
Telephone: (717) 731-9600
(Attomeys for Defendant)
Date: November 2.3 , 2005
'.
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are true and
correct to the best of her knowledge, information and belief. This verification is made subject to the
penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities.
Date:
I
J 1_
// 2$ /6-5
'.
j""
"" '../.' ~> ,_ r(.;~'/.j~"-~.~~-
Sus1II1 A. Russell, Presidlt and CEO
Community Trust Company
V"
. ~
CERTIFICATE OF SERVICE
I, Mark E. Halbruner, of the law firm of Gates, Halbruner & Hatch, P .c., hereby certifY that
I served a true and correct copy of the foregoing document on this date by First Class mail to the
following:
Christopher E. Rice, Esquire
Carl C. Risch, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, PAL 7013
(Attorneys for Plaintiff)
GATES, HALBRUNER & HATCH, P.C.
/")~ /2" '71.;: .' "
/v/, ,~ , ' .~
/ LCLc L f - ~,~~C::'~--~-
Mark E. Halbruner, Esquire
1013 Mumma Road, Suite 100
Lemoyne, P A 17043
Telephone: (717) 731-9600
Date: November :;2...~ ,2005
C)
4"1
::;:j
:"-."j
r-.,
c...)
f'<?
(~)
I'..;
.
Christopher E. Rice, Esquire
AttomeyI.D. No. 90916
Carl C. Risch, Esquire
Attorney LD. No. 75901
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MARY LOUISE WHITNEY WEBER,
an incapacitated person, by
HARLEYSVILLE NATIONAL BANK,
Guardian,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: NO. 05 - 5338 CIVIL TERM
COMMUNITY TRUST COMPANY
Defendants
: JURY TRIAL OF TWELVE DEMANDED
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so, the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiffs. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
(717) 249-3166
.
F: IFlLES\DA T AFILEIGeneral\Current\] 1407.2.com.2
Created: 9/29105 3:33PM
Revised: 11130/05 0:56PM
Christopher E. Rice, Esquire
Attomey J.D. No. 90916
Carl C. Risch, Esquire
Attorney J.D. No. 75901
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MARY LOUISE WHITNEY WEBER,
an incapacitated person, by
HARLEYSVILLE NATIONAL BANK,
Guardian,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: NO. 05 - 5338 CIVIL TERM
COMMUNITY TRUST COMPANY
Defendants
: JURY TRIAL OF TWELVE DEMANDED
FIRST AMENDED COMPLAINT
AND NOW, comes the Plaintiff, Mary Louise Whitney Weber, an incapacitated person, by
Harleysville National Bank, Guardian, by her attomeys, MARTSON DEARDORFF WILLIAMS &
OTTO, and hereby avers as follows:
I. Plaintiff, Mary Louise Whitney Weber, an incapacitated person who resides at Green
Ridge Village, Newville, Pennsylvania,
2. Harleysville National Bank, formerly Harleysville National Bank and Trust Company,
a Pennsylvania business, with an office at 483 Main Street, Harleysville, Pennsylvania
("Harleysville"), files this Complaint on behalf of and as guardian of the estate of Mary Louise
Whitney Weber, an incapacitated person and Plaintiff herein.
3. Defendant, Community Trust Company, is located at 3 907 Market Street, Camp Hill,
Cwnberland County, Pennsylvania 17011.
4. Defendant is in the business of providing, among other things, personal trusts and
investments.
5. On or about August 9, 2004, Attorney Steven J. Hogg drafted a Power of Attorney
for Mrs. Weber to Execute appointing Defendant as her Attorney-in-fact. A true and correct copy
of the Power of Attorney is attached hereto as Exhibit "A" and incorporated herein by reference.
6. On or about August 20, 2004, Mrs .Weber executed a Revocable Trust Agreement
naming Defendant as trustee. A true and correct copy of the Trust Agreement is attached hereto as
Exhibit "B" and incorporated herein by reference.
7. At the same time, Defendant gave Mrs. Weber a fee agreement and requested that she
sign it.
8. Mrs. Weber signed the fee agreement. A true and correct copy of the fee agreement
is attached hereto as Exhibit "C" and incorporated herein by reference.
9. At the same time, it is believed, and therefore averred, that Defendant drafted a letter
dated August 20, 2004, for Mrs. Weber to sign. A true and correct copy of the letter is attached
hereto as Exhibit "D" and incorporated herein by reference.
1 O. The letter dated August 20, 2004, revoked Mrs. Weber's Power of Attorney given to
her daughter, Elizabeth C. Notvest, and requested a transfer of Mrs. Weber's Custodian Account
from Harleysville to Defendant.
11. The Custodian Account contained over $800,000.00.
12. A second letter dated August 31, 2004, was also signed by Mrs. Weber repeating the
language set forth in the August 20, 2004, letter. A true and correct copy of the letter is attached
hereto as Exhibit "E" and incorporated herein by reference.
13. The Custodian Account was transferred from Harleysville to Defendant.
14. Mrs. Weber's personal belongings were also transferred to Defendant on or about that
time.
15. A third letter dated September 23, 2004, and signed by Mrs. Weber was sent to
Defendant informing Defendant that she was revoking the Power of Attorney given to it and
requested that all assets and personal belongings be returned to Harleysville immediately. A true and
correct copy of the letter is attached hereto as Exhibit "F" and incorporated herein by reference.
16. It is believed, and therefore averred, that on October 12,2004, Defendant presented
Mrs. Weber with a Receipt and Release Agreement. A true and correct copy of the Release
Agreement is attached hereto as Exhibit "G" and incorporated herein by reference.
17. It is believed, and therefore averred, that Defendant requested Mrs. Weber sign the
Release Agreement before permitting her assets and personal belongings to be transferred as
requested pursuant to the letter dated September 23, 2004.
18. As indicated on the Schedule of Distribution to Exhibit "G," Defendant claimed and
was to be paid by Mrs. Weber a trustee fee of$750.70 and trust termination fee of$9,008.40 out of
the total monies held by Defendant.
19. The trustee fee and termination fee were deducted from Mrs. Weber's account, which
was still being held by Defendant.
20. The remaining balance from Mrs. Weber's account, being $815,404.51, was
transferred to Harleysville.
21. On or about October 18, 2004, Dr. Herbert E. Myers, a Psychiatrist practicing at
Philhaven Behavioral Healthcare Services, performed an initial psychiatric evaluation on Mrs.
Weber. A true and correct copy of Dr. Myers evaluation is attached hereto as Exhibit "H" and
incorporated herein by reference.
22. According to the evaluation, Mrs. Weber had changed "her Power of Attorney a
number of times and been taken advantage of in the process." See Exhibit "H."
23. Dr. Myers concluded, among other things, that Mrs. Weber suffered from dementia
and could not care for herself financially.
24. On or about November 1, 2004, a Petition for Adjudication of Incapacity and
Appointment of Guardian of the Estate was filed with regard to Mrs. Weber under Civil Action No.
2004.987. A true and correct copy ofthe Petition is attached hereto as Exhibit "I" and incorporated
herein by reference.
25. A hearing was held on November 12,2004, to determine whether Mrs. Weber should
be adjudicated an incapacitated person and appointed a guardian of the her estate.
26. At the hearing, evidence was presented by the Petitioners that Mrs. Weber was in
need of a guardian to manage her financial affairs. Prior to being relocated to an assisted living
facility in Newville, Pennsylvania, in March of2004, Mrs. Weber was living in Ohio. Mrs. Weber
was unable to care for herself and her principal residence in Ohio and, subsequently, was removed
from her home by the local police and placed in an Ohio nursing facility.
.
27. While in Ohio, the Council for Older Adults of Delaware County, Ohio, prepared a
Written Notice of the Intent to Investigate report. The Notice stated, among other things, that Mary
has paranoid-type schizophrenia. A true and correct copy of the Notice is attached hereto as Exhibit
"J" and incorporated herein by reference.
28. Dr. Myers provided testimony at the hearing consistent with his evaluation.
29. Because of the Mrs. Weber's mental, physical, and psychiatric impairments, she
lacked the capacity to make or communicate responsible decisions or to manage her financial affairs
dating back to 2003, including her ability to enter into a contract with Defendant.
30. By Order dated November 12,2004, this Court appointed Harleysville National Bank
and Trust Company ("Petitioner") as plenary guardian of the Estate of Mrs. Weber. A true and
correct copy of this Court's Order is attached as Exhibit "K" and incorporated herein by reference.
COUNT I
31. Paragraphs 1.30 are incorporated herein by reference.
32. Mrs. Weber is an incapacitated person as that term is defined under Chapter 55 of the
Pennsylvania Decedent's Estates and Fiduciaries Code, 20 Pa. C.S.A. S 5501 et seq.
33. Mrs. Weber was adjudicated an incapacitated person based upon specific facts and
circumstances that occurred over the past few years, including 2003 and 2004.
34. This Court determined Mrs. Weber cannot receive and evaluate information
effectively and communicate decisions based upon her acts and omissions that occurred prior to and
including August of2004.
35. In addition, this Court was presented and considered as evidence the fact that Mrs.
Weber entered into the agreements with Defendant that were to her detriment of over $9,000.00.
36. Therefore, because Mrs. Weber was adjudicated an incapacitated person based upon
facts that occurred prior to her entering into the agreements with Defendant, she was unable to enter
into a contract with Defendant and any and all agreements executed on or before August 20, 2004,
by Mrs. Weber and between Defendant are voidable under the law.
37. Harleysville has requested that Defendant refund the trust fee of $750.70 and trust
termination fee of $9,008.40 accessed against Mrs. Weber, but Defendant has refused to do so.
WHEREFORE, Harleysville demands judgement against Defendant and on behalf of Plaintiff
in the amount of $9,759.10, plus costs of suit, interest from the date the money was retained by
.
Defendant, attorney fees for failure to return said fees, and any other relief this Court believes is just
and reasonable.
COUNT II
38. Paragraphs 1-37 are incorporated herein by reference.
39. Defendant has claimed a total of$9,759.10 in fees from Mrs. Weber.
40. The fees were assessed as a result of Mrs. Weber entering into agreements that are
voidable.
41. Defendant has been unjustly enriched in the amount of$9,759.10.
WHEREFORE, Harleysville demands judgement against Defendant and on behalf of Plaintiff
in the amount of $9,759.10, plus costs of suit, interest from the date the money was retained by
Defendant, attorney fees for failure to return said fees, and any other relief this Court believes is just
and reasonable.
MARTS ON DEARDORFF WILLIAMS & OTTO
BYV~ )
/~
Date: //-:; c' - c' )
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Carl C. Risch, Esquire
Attorney LD. No.75901
10 East High Street
Carlisle, PAl 70 13
(717) 243.3341
Attorneys for Plaintiff
,
,
.
EXHIBIT A
,
~,W OI'TICES OF I
fEN J. HOGG
,NOVER STREFf I
;UITf 101 I
lSl_E. !l,~ 170 I")
NOTICE
THE PURPOSE OF THIS POWER OF' ATTORNEY is TO GIVE
THE PERSON YOU DESIGNATE (YOUR "AC3ENT") BROAD
POWERS TO HAf\JDLE YOUR PROPERTY, WHICH MAY INCLUDE
POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR
PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU C'R
!\PPR.OVAL 8'/ 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 ACCOFWANCE 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 OFYOUR
AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY
THE POWERS Nm DUTIES OF AN AGENT UNDER A
POWER OF ATTORNEY ARE EXPLAINED MORE, FULL Y IN 20 PA.
C.S CH. 56.
IF THERE IS ANYTHI~,jG l-\B()UT THiS rOF\i"v! TH/l,T 'IOU 00
I NOT UNOERSTAND, YOU SHOULD /\SK A LAWYER OF YOUR
I OWN CHOOSING TO expl AIN IT ro YOIl
I
I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE
AND I UNDERSTAND ITS CONTENTS.
! (~\ /; t')
'./1. '\;(: " J..L .
/17 a/c/j J/I/ I j CL
MARY WE~R
1....., q {l(:/
LAjL____r'/ _ 7
DA TE/"""--- J '
,
I_AW Df'FICES or
'HEN J. HOCC
HANOVER STREET
SUITE 101
,LISLE. p,~ 171J I ]
POWER OF ATTORNEY
I, Mary Weber of Cumberland County, Newville, Pennsylvania,
do hereby nominate, constitute and appoint F",J B. Slll~
Community Trust Company, Camp Hill, Pennsylvania as my true and
lawful Attorney-in fact, to act in my name, place and stead to do and
perforn: an)/ ;3Ct that ( myself iTlight fA=:i rurnl if iwore personally present
In regard to the following:
~\I..iJ2
'I?
To endorse checks, notes, drafts and any other commercial
papers in my name and to withdraw money from any bank accounts
that I may have for my benefit, and to sign orders or receipts therefore
In my name;
To enter into any safe deposit box I may have in my own name
or jointly with another person to inventory the contents of such box or
to do or perform any act with respect to the contents that I might legally
perform if I were personally present;
To grant, bargain, sell and convey my real property or any part
thereof for such price and on such terms and conditions as he shall
deem proper, with or without the taking back of a purchase money
mortgage or deed of trust and to collect and receive the proceeds from
any sale;
To enter into any contract or contracts for the sale of the
premises, or any part thereof with such persons and on such terms as
he sha!1 in his discretion elect and to execute, acknowledge and deliver
in my name such deeds or conveyances, with such covenants and
conditions as he may deem proper, that may be required for the
transfer of said property or any part thereof or of any interest therein;
To execute a mortgage or deed of trust on my real propeliy in
such amount and on such terms and conditions as he may deem
necessary and proper and to sign, execute and deliver, in my name or
otherwise, such Instruments as may be required in connection with
obtaining the mortgage or deed of trust, and to do any other acts as !
I might or could do in obtaining the mortgage or deed of trust on the
property;
To sell a nd enter into a contract or contract,; for the sale of all or
any part of my personal property, effects and belongings of every kind
and nature wherever situated for my benefit with full power to deliver
possession of said personal property and to execute in my name any
documents necessary to transfer title to said personal property,
.
I
'HEN T. HOGG I
IAN,OVER SIREET
SCIH.IOI
LISLE. PA 17013
LAW OFFICES OF
including bills of sale or other documents of title, and to take any
security interest for any unpaid balance whicll my Attorney-In-Fact in
his discretion may deem necessary and proper, and to buy, sell, assign
or transfer stocks, bonds or any other personal property;
To borrow money from such sources and on such terms as my
Attorney may deem fit and proper. and to execute ill conjunction with
dllY ioan of money a security agreement covering any of my real 01
personal property and to execute, sign, acknowledge and deliver in
any form that instrument that may be required in conjunction with the
transaction;
To authorize my admission to medical, nursing, residential or
similar facility and to enter into agreements for my care. This power is
to be construed and implemented in accordance with the provisions of
Chapter 56 of Title 20, Consolidated Pennsylvania Statutes, in effect
on the date of execution of this Power of Attorney;
To authorize medical and surgical procedures. This power is to
be construed and implemented in accordance with the provisions of
Chapter 56 of Title 20, Consolidated Pennsylvania Statutes, in effect
on the date of execution of this Power of Attorney.
I direct that this Power of Attorney shall be a durable Power of
Attorney and shall become effective upon my disability. My disability
shall be determined by and only by a specialist in the relevant area of
medicine after appropriate consultation and examination.
/. /1; dAC/;7t" ((hi;
~~13ry \AJeb2r/
I i/
4-7
Date
I
c:L"
) \' ,
. ~:::::,.. '. "- \! 1"__, '
Witness
(\,~ ",\ ~\
_~\_. j", \},,!\ ,,\n'~":>'.}\.,l.
. .
EXHIBIT B
CO UNITY
TRUST
:~ ,.1 ,Li P A ,\j Y
REVOCABLE TRUST AGREEMENT
/),-
This Revocable Trust Agreement is made and entered into this,,1.0aay of August 2004,
by and between MARY \VEBER, hereinafter referred to as the Grantor and COMMUNITY
TRUST COMPANY, (and sLlch successor corporation having trust powers as shall succeed to
the business ofsaid trust company by purchase, merger, consolidation, or change of charter or
name), hereinafter referred to as the Trustee.
Grantor assigns, transfers, and delivers to COMMUNITY TReST COMPANY, as
Trustee, the cash, securities, and other property described in Exhibit "A' hereunto and attached
and made a part hereof by reference. Trustee will have the right to disclaim, in whole or in part,
prior to its acceptance by Trustee, any interests in property for any reason, including but not
limited to a concern that such property could cause potential liability under any federal, state, or
local enviIOn~mental1aw.
1. POWERS OF TRUSTEE
Trustee and any Successor Trustee may do and have done with respect to the trust estate, and
every pan thereof, all things which in its sole judgment or discretion may seem desirable and
proper to promote, protect, and conserve the interest ofthe trust estate and of the beneficiary in
like manner as if Trustee were entitled to the said property beneficially. In order to define with
particularity certain of the powers hereby vested in Trustee, Grantor further declares that Trustee
or any Successor Trustee may, without the supervision of any Court, whether publicly or
privately, exercise each and all of the following powers, to be broadly construed with respect to
the trllst estate, and every pan thereof, as follows:
(a) To scii, exchange, transfer or convey, without advertisement, all or any part of said
trust estate upon such tenns and conditions as it sees fit, and to invest and reinvest said trust
estate and the proceeds of any sale, exchange, transfer, or conveyance of any portion thereot; in
such loans, stocks, bonds, or other interests ill trusts, securities, mortgages, including common
trust nmds, or other property real or personal, whether so-called "legal" investment of/rust
funds, or net, as to it rnay seem suitable, and to change investInents and to make new
investments fi.om time to time as to it may seem necessary or desirable;
(b) To improve, repair, lease, rent for inlprovement or otherwise, for a term beyond the
possible termination of this trust, or for any less term either w1th or without option of purchase,
and to let, exchange, release, partition, vacate, dedicate, or adjust the boundaries of, any real
estate constituting a part of such trust estate;
(r) To borrow mon,ov .(:or 5l1C!' tun' . P ?nrl'lron $)1('1. termo a' ,.t oeps Fit u,;th 0'" ",;J-hou'
\~ ~ , . U~) l{ . >~~H'~ <j U "'-'u -'-,..., ,.' LJ.... 1-', nUl. J. V'J.~ i.-
pledging as security real estate or personal property of the trust estatc, and to execute mortgages
() r pledge agreements as requ ired by the lender;
(d) To hold any property or securities originally received by it as part ofsaid trust estate,
particularly including any stock or interest in any family corporation, partnership or enterprise,
or stock or obligations of or property acquired from, Community Trust Company or its
affiliates, and to retain securities in any exchange so long as it shaH consider the retention thereof
f(Jr the best interest of said trust estate, irrespective of whether such property or securities are a
so-called "legal" investment of trust funds without liability ten' depreciation or loss through errOr
(}fjudgrnent, and in dispo~~ing of (lny plopcr1y constitLilLng a l:-'dtl of said trust eswte to acquire
other property which is not a so-called "legal" investment of trust funds, where such course is, in
its opinion, lor the best interest of said trust estate;
(c) To determine whether any money or property coming into its hands shall be treated
00" D'1rt ()fthp nrinrinq] of'C:::::lirl trlHct pst'=ltp nr ':l n':lrt nFthp ;nr>nrnp l'hpro h-rn-n fA .,...........".-+;........
'_L'" ~ 1 ~"L '--'.L d'~ t-'.''--'A,-,.t-'~L -'- --'....~'-. UL-<....L ,,-' L....~'-' '--'~ .....1-'........c '-'A ~u'-' JJ,.L'-''-'JU'-' ...."-'.1...... .Ll'-'.1~~l 1.-'-' LLl:-'l:-'Vll.LV.ll
bctween such principal and income any loss or expenditures in connection with said trust estate
as to it may seem just and equitable, and Trustee may, in its discretion, set up reserves out of
income to meet such items of depreciation, obsolescence, further repairs, construction, or
amortization of indebtedness deemed by Trustee to be proper equitable charge against income;
(f) To keep any property constituting a part of said trust estate properly insured against
fire, tornado, and other hazards, to pay all taxes, assessments, mortgages, or other liens now or
hereafter resting upon said property, and generally to pay all ofthe expenses of the trust incurred
in the exercise of the powers herein vested in it which in its judgment may be proper or
necessary;
(g) To make divisions and distributions hereunder tor either cash or kind, or partly in
cash and partly in kind, and for that purpose to deternline the value thereof and to detennine the
idcntity of persons entitled to take thereunder;
(h) To hold any or all securities or other property in bearer form in the name of Trustee,
or in the name of its nominee, without disclosing any fiduciary relation;
r;\ To enQage Ul an'.- business or oartnershiv or to continue anv b!1siJ1ess or nartnprc:hin
1(/ '-''-' -' . . --./ --- --~ r-------~--r
in which the Grantor may be interested at the time of Grantor's death, for such time and under
such management and conditions as in the discretion of Trustee may be expedient, or to liquidate
or dissolve any such business or partnership at such time and upon such terms and conditions as
in the judgment of Trustee is for the best interest of said trust estate, or so far as may be
necessary in its judgment to cause to be incorporated any such business or partnership in which
the Grantor may be irlterested at the time of Grantor's death, or to protcct an interest which the
Grantor may have in the securities of any corporation;
(j) To vote in person or proxy upon all stocks held by it, to unite with other owners of
similar property L'l carrying out any plans for reorganization of any corporation or cCH11pany
whose securities form a portion of the trust estate, to exchange the securities of any corporation
for other securities upon such terms as it shall deem proper, to assent to the consolidation,
merger, dissolution, or reorganization of any such corporation, to lease the property or any
portion thereof of sLLch corporation to any other corporation, to a1l assessments, expenses, and
sums of rnoney as it may deem expedient for the protection oflhe iJltercst of the trust estate as
.,
~
the holder of such stocks, bonds, or other securities, and generally to exercise in respect to aU
securities held by it the same rights and powers as are, Or may be, exercised by persons ownmg
similar property in their own rights;
(k) To institute and defend any and all suits or legal proceedings related to the said tmst
estate, m any court, ,md to employ counsel, and to compromise or submit to arbitration all
mailers ofdisDute in which saili trust estate may be involved as in its iudg-nlcnt rn~tV 1-1F.~ (l.t'~('P'3<;c::::!nr
. J '-..-. -' - - . ~. -" -~ ~,
or proper;
(I) At any time and from time to time to advance money to the trust estate from its fimds
for any pnrpose or purposes ofthe trust, and Trustee may reimburse itself for the money
advanced and mterest thereof from the trust property or from any funds belonging to the trust
property thereafter coming into its custody from any source;
(m) To pay from and out of the income of the trust property any and all expenses
reasonably necessary for the administration of the trust, including interest, taxes, insurance,
public liability insurance, and compensation of Trustee, and, in addition to Trustee's
compensation, extraordinary services performed by Trustee or services performed by agents
employed by Trustee, and in the event the income from the tmst property is insufficient for the
purpose of paying such expenses, to pay the same from the corpus of the trust estate;
(n) To execute and deliver any and all contracts, conveyances, transfers, or other
instruments, and to do any acts necessary or desirable in the execution of the powers herein
vested in it;
(0) To drill, explore, test, mine or otherwise exploit oil, gas or other mineral or natural
resources and to enter into and execute oil, gas and mineral leases; and
(p) To engage in any business, including farming and timbermg, in a trust capacity, as a
partner (general or limited), or as a sole proprietor.
(q) Trustee shaI! be subject to the Prudent Investor Act (the "PIA") as enacted in the
Commonwealth of Pennsylvania in its exercise if any power to manage and invest the assets of
the trust. Grantor desires that Trustee, consistent with the standards of the PIA, continuously
assess the appropriate investment risk tolerance of the trust beneficiaries, and then invest the
trust assets seeking the maximum total return at that level of risk. Grantor believes, consistent
with modern pOltfolio theory, that the trust total investment return will be determined primarily
by the trust's asset allocation; not market timing or active management m security selection.
Grantor believes that the trust should diversify its investments with regard to assets classes and
individLlal securities to avoid uncompensated risk. Grantor does not intend to prohibit Trustee
from engaging in active management of trust assets where Trustee reasonable believes active
managernent can aid in achieving the desired balance between risk and return.
2. PURPOSE OF TRUST
(a) Trustee shall hold said trust estate in trust for the Grantor's use and benefit for and
during Grantor's lifetime, unless and nntiI revoked by Grantor. During the twn of the trust,
Trustee, unless otherwise directed in writing by the Grantor, shall do the following:
3
(I) [ ) distribute all income to Grantor at intervals reasonable to Grantor;
(2) I J distribute all capital gains to Grantor at intervals reasonable to Grantor;
(3) [-r] distribute to Grantor principal amounts as Grantor shaIl from time to
time rcq L1est lrl 'vvriting; or.
(4) [ J reinvest all income.
(b) If at any time during the tcrm of this trust Grantor should become incapacitated on
account of illness or physical injury, the trust shall continue, and Trustee in its sole discretion
and without the appointment of a guardian shall use rmd apply such part of the net income and
principal ofthis trust directly for the use and benefit of Grantor's care, comfort, and support or
for the care, comfort, and support of any spouse of Grantor, and any sums so expended shall be
deemed to have been paid to Grantor; a.l1d ill the event that Grantor shall, at the ti...rne of such
incapacity, have in Grantor's employ any clerical or secretarial or other employee(s), Trustee
shall be expressly empowered to continue to pay the salaries of any such clerical or secretarial or
other employee(s).
3. REVOCATION, AMENDMENT, AND ADDITIONS
Grantor expressly reserves the right, at any time, during Grantor's life, by notice in writing
filed with Trustee at least thirty (30) days prior to the effective date thereof, to revoke or amend
the trust In the following manner:
(a) To revoke or amend this agreement, and to alter or tenninate the trust hereby
created, provided, however, that the duties, responsibilities, and rate of compensation of Trustee,
as herein provided, shall not be altered or modified by amendment without the written consent of
Trustee;
(b) Grantor may make additions of property to the principal of the trust to be held
Sllbjcct to the terms of this trust by transferring and delivering the sarne to Trustee \vith its
written consent.
4. DISPOSITION OF TRUST
Unless previously revoked:; then upon Grantor's dealh this tru~i shall terrninate, and the trust
estate, lncluding income, shall be paid over to the Executor of Grantor's estate after paymcnt by
Trustee of all expenses attributable to the trust.
4
~
:J.
COMPENSATION AND RESIGNATION OF TRUSTEE
(a) COMMUNITY TRUST COMPANY, as Trustee hereunder, shall receive as
compensation for its services a sum equal to the fees provided for in its Compensation Schedule,
Such compensation shall be deducted first from income, then from principal.
(b) Trustee shall have the right to resign at any time by giving thirty (30) days written
noti{J~ ~o (Tranter.
6. RECORDS, STATEMENTS, AND BONDS
Trustee and anv Successor Tmstee shall maintain comolete and accurate records cOl1cernino
... ~. - - -- ---0
this trust which shall be made available for inspection by Grantor at reasonable times. Statements
reflecting cash and asset transactions in the trust shall be furnished to Grantor at either quarterly,
semiannual or annual intervals, whichever is most convenient to Grantor. Trustee hereby is
expressly relieved from the obligation of giving bond or making any accounting to any court of
its action as Tmstee hereunder,
7. MISCELLANEOUS
Throughout this Agreement, the masculine gender shall be deemed to include the
feminine gender and vice versa, and both shall be deemed to include the neuter and vice versa,
and the singular shall be deemed to include the plural and vice versa, whenever the context shall
permit. The situs of this Trust for administrative and accounting purposes shall be in the County
of Cumberland, Commonwealth of Pennsylvania, and all questions pertaining to the construction
or validity of the provisions of this Agreement shall be governed by the laws of the
Commonwealth of Pennsylvania.
8. ACCEPTANCE BY TRUSTEE
COMMUNITY TRUST COMPANY has joined in the execution of this instrument for
the purpose of evidencing its consent to act as Trustee hereunder.
IN wITNESS WHEREOF, the undersigned MARY WEBER ,md COMMUNITY TRUST
COMP ANY have joined in the executing of this instrument, in duplicate, on the day and year
frrst written.
;)/,~, . ;' i
'I. ;:--' (' /, // .:, /
),"1,", h ,/j (C .1,_~" .-'1 ~/"
,I F ! /( 'C--fj- / ", l I - _~.__~__-=~
/1 ;'
Mary Wc;~r I "Grantor"
~ S'
/2 . '
/ /,,, _.---
-:;71'::/;) c- ,
Community Tmst Co I Trustee
"
J
COrvfrvfONVlEALTH OF PEN1\fSYLV ANIA
COUNTY CUMBERLAND
I, the undersigned, a notary public in and for said COlmty, In said State, hereby cer1ify that
MARY WEBER, whose name is signed to the foregoing Revocable Trust Agreement, and who
is known to me, acknowledged before me on this day that, being informed ofthe contents nf said
instrL!ment 1,?X'?C:'_It,:,d th~ ~;arne '/~)!unti1:dy or: the day the: ,'?.::rnc bear.::: date. Civet!. unde.;-. illY hand
and seal, this.)o i],day of August, 2004.
Notary Public
f?~~l 6- CQ)~J[Z
My Commission ExpIres:
_e.id ~
IPl::b3tm J. CleIl<. ~ NJlt:
~.,:)on T"P-. ~ 1:hJnly
IlAv C<:mnasioo E>q:Jras Doc. 17, 2006
~,Pent'tsytvar1ta Association Of Notaries
6
. .
EXHIBIT C
1"I'"'Vo~,,!.ln 'lnd P"'-i[)""bl.o TI'l"'F~
!,:~.~.~~,~.,~__!,~:~;;,,_~~~~':...~_u ~- .:~__~~~,::.
~-='-=,,-~~~--------=-'.,-
~--_._.. -_._.._----_.__.._--_._-"------_..~------
-- ~----_._----------------_.~-----
MARKET VAL UE FEE
1 10% on the tirst
1 00% on the ne~1
0.90% on the neo-1
o ROD;;') b;:lI,::lI1ce over
$ 500,000
$ 500,000
$ 500.000
$ 1500,000
MINIMUM FEE: (per year)
Standard Trusts $1,500
Plus an Annual base fee $ 250
STANDARD ADlvu"N1STRATIVE SERVICES
A. Investment Management
:l Investment management of stocks, bonds, money market instruments
2. Periodic revic\v of assets and portfolio
3. Execution of security trades
B Administrative
1. Determination of beneficiary needs
2. Communication with beneficiaries
3, Safekeeping of assets
4, Collection/distribution of Income
5, Deciding discretionary distributIOns
6. Bill paying services and medical claim filing services.
C Accounting
1. Rccordkeeping
2. Periodic statement of activity
3 Periodic staternent of asset values
O1JlER FEE~
. Fees quoted are annual fees. They will be prowted and chmged to the account monthly. Fce WIll bc
Jssessed based on the market value of the account on the last business day uf every monih
.. Grantor Directed Tnlsrs (outsidE investment ad.\.'isor) will be charged a 20 b<lsis point premium
g Federal Reserve wire fees at cost. Broker and SEe commissions for trades at cost
l!' Account Tcnnination Fee: Equal to the aver8ge fee charged over the prior 12 months, annualized
(If account open less than 12 months, average of total fees charged, annuillized.)
a Tnlst Company receives a 25 Basis Point commission from fund provider on money market balances.
. Fiduciary Income Tax Preparation fee is not included !f! the Tmstce fee.
lit Fees quoted are for t.he st-lIldard asset management and administrative services as notEd above
ere reserves the right to charge additional reasonable compensation for extraordinar:y services
b3scd on time, expertise and reimbursement of costs ane! expenses
/1"7" / /
___ 2/b~
Date ' / f
II
1".-, /i I
/ / ;; ~'i.:.,-l./j {i L
-~----,-----.~~._--~_... -
Customer ,$-{gnatme -
.,907 !vLli.kct Stred Camp HilL PA 170 I I Telephone 717, 7319604 8884.~29604 fa:, 7J 7737.783"1 \\i\\\vcommut-uI.'{lrHstcocorn
EXHIBIT D
Mary Webcr
210 Big Springs Rd # 1 5
Newville, PA 17241
LJ COpy
Harleysville National Bank and Tmst Company
Ms. Leslie Morgan, Tnlst Administration
483 Main Street
Harleysville, P A [9438
August 20, 2004
RE: Custodian Account for Mary Weber; Elizabeth C. Notvest POA
Dear Ms. Morgan:
The intent of this letter is to inform you that I have revoked my Power-of~Attomey given
to my daughter, Elizabeth C. Notvest, as of August 9, 2004. Please transfer the above
referenced custodian account to Community Tmst Company, located at 3907 Market
Street, Camp HiJl, P A 170 II.
Please transfer all "securities" now held in my custodian account as "assets in kind" to
Community Tmst Company; wiring instmctions are attached for transferring securities.
Please wire cash proceeds per the enclosed wiring instmctions for "cash only."
If your trust department would have any questions concerning these wiring instmctions,
please contact Rebecca 1. Clark, Operations Manager, at Corrununity Tmst Company,
717.731.9604. Thank you.
Sincerely,
,?/l ~.
/ / /t-f/C--r//
Mary we1
't /-
I ...' /
.../ I>)
~/}.j j L.,-l/ f
! / I . -
/
lC1/
EXHIBIT E
210 Big Springs Road, # IS
1\ewville, PA 17241
August 31, 2004
Harleysville National Bank and Trust Company
483 Main Street
Harleysvi1!e, PA 19438
Attention: Ms. Leslie Morgan
Trust Administration
RE: Custodian [or Mary Weber
Dear Ms. Morgan:
The intent o[this letter is to in[onn you that r have revoked all prior Power of
Attorneys executed by me, as o[ August 9, 2004. Please transfe~ the above referenced
custodial account to Community Tmst Company, located at 3907 Market Street, Camp
Hill, PA l70l1
Please transfer all "securities" now held in my custodial account as "assets in kind" to
Community Tr11st Company; w"iring in5lcuctions are attached for transferring securities.
Please wire cash proceeds per the enclosed wiring instructions for "cash only."
If your trust department would have any questions concerning these WIring
instnlctions, please contact Rebecca J. Clark, Operations Manager, at Community Trust
Company,717-731-9604 Thank you
~~
Sincerely, h.'
I. ;.
;.. _ ! t_..1/ /1
;) I rJ.At/)(/t..;- U
V
,
Mary W~1ber
EXHIBIT F
~ -2004 10: :16
.
P.02/04
M(.IF)llou/!u Whitney W~/Jef'
GrNiiRidp ViJJalle
GuiiJaltd MaIlOf'
]1 (J Jlig Spring RO<Ul
Nm>'IiJle. FA llJ4M141J6
September 23, 2004
Ms. Susan A. kussel!
Conmnmity Trost ComplmY
390 I Mlllt.et Strm
Camp Hill. FA 17011
Dcar Ms, Russell:
r 11m writing to let you know lhat r am revoking the Power of Attorney for COlIll11unity
Tl'U8t Company effective immediately. Community Trllilt Company is Dot to liquidate
any of my assets and it is expected that allllBsetll a:nd personal belongings will be returned
to me imm~iateJy. Please relUlll my assel$ to the HarleysviUe National Bank where they
were initially Itamfenro from. These are my explicit il1SfltlCtioll$ and I expect them tD be
carried out effective immediately. Origina] documelUS of revocation forthcoming.
Since~ly. .
Jr;~f;;;:,~)fM; Vv~
Muy Louise Whitney Weber
CC: Fred B. Smith
Steven J. Hogg
71'arrcr:~;;)~~ lu~yJ~ht~
~ ~/J1u- A.L dyrd da;-- r'4r-~
c~OOy:
.~- d< 9t4rh~
COMMONW"-'\L TH OF PENNSYLVANIA
NoeanB( Seal
VICl<J L Hopkins, NoIa'Y PJbuc
W""t Poonsbcm T"'P. Cumberland County
My Cornmlsslon Expires Jan. ~15, 2003
Member, Penn15vlv<lnla A$'~OtfE'liIOf1 Of NOlansQ:
EXHIBIT G
IN RE:
THE MARY WEBER
REVOCABLE TRUST
IN THE COURT OF COMMON
PLEASE OF CUMBERLAND
COUNTY
ORPHANS COURT DIVISION
Dated: AUGUST 20, 2004
RECEIPT AND RELEASE AGREEMENT
THIS FF,CEIPT AND F_ELEA.8E At\GREEMENT is signed by the Lfndersigned, !-.1ary
Weber, on this 12th day of October, in the year Two Thousand and Four (2004).
WHEREAS, Mary Weber, as Donor, entered into an Agreement with Community Trust
Company, as Trustee of the Mary Weber dated August 20,2004; and
WHEREAS, under Article 3, of the Mary Weber Revocable Trust, Grantor expressly
reserves the right, at any time, during Grantor's life, by notice in writing filed with
Trustee at least thirty (30) days prior to the effective date thereof, to revoke or amend the
trust.
WHEREAS, Grantor, Mary Weber, by letter dated September 23, 2004 notified
Community Trust Company of her intent to remove them as Trustee; and
WHEREAS, Mary Weber, by letter, requested all personal belongs returned to her
immediately, and all assets are to be returned to the Harleysville National Bank, the bank
where they were initially transferred from; and
WHEREAS, Upon receipt of instructions from the Harleysville National Bank the assets,
will be transferred.
NOW' THEREFORE, the said Grantor, Ivfary Vleber, hereby states that she has
received the attached Report of Assets from Community Trust Company and is satisfied
that the statement is proper and correct and hereby waive the filmg of a formal account in
the Orphan's Court of Cumberland County, Pennsylvania and docs hereby remise,
release, quitclaim and forever discharge Community Trust Company, Trustee as
aforesaid, from the duties of said Trust and of and from all actions~ suites, pajrments,
accounts, reckonings, claims and demands whatsoever, for or by reason thereof.
SCHEDULE OF DISTRIBUTION
AND EXPENSES
FOR THE
MARY WEBER
REVOCABLE TRUST
DATED AUGUST 20,2004
Total assets as listed on the enclosed
Report of Assets as of September 30, 2004
(i\If<:lrlrpt \1::.1I1P)
\-'-....L.~A"-"" . ~.~~I
7C)f, 7RR 70
,--,,-,,~,-,,-,,, ./
Income Cash
115.24
Principal Cash
28,759.58
Less:
Community Trust Company
Trustee Fee 09/30/04
Trust Termination Fee
750.70
9,008.40
Final Distribution
815,404.51
THE UNDERSIGNED, further agrees to indemnify and hold harmless Community
Trust C0111panYJ TCListee aforesaid, its successors and assigns, fr01ll and against an claitns,
loss, liability or damage which it may suffer or to which it may be subject by reason of
the distribution without the approval of the Court having jurisdiction. In consideration of
the distribution described above, the undersigned agrees to pay the fiduciary any amount
UI) to the value of the abo"v'e-described distribution that mav be necessarv in the future to
" "
discharge any liabilities of the above-described Tnlst.
IN WITNESS THEREOF, I have hereunto set my hand this] 2th day of October 2004.
WITNESS
/7 .' '\, . --.
'7c/~,b ,~___
'./ )/'
/, ) (7~(/(/
---~--_.__.. \
:\
l/2:c
lL
Mary Weber
,-j
COMMONWEALTH OF PENNSYL VANIA)
, . ) SS:
COuNTY OF l.cUl.t(l<ClcL",ul -.J
On this, the 12th day of October 2004, belore me, a Notary Public, the undersigned
ot1lcer, personally appeared Mary Weber, known to me (or satisfactorily proven) to be
the person whose name, is subscribed to the foregoing Receipt and Release, and
acknowledged that they executed the same for the purposes therein contained.
'VITNESS my hand and Official Seal.
~{6f"R':; C~\ CO("J:~
Notary Public .
My Commission Expires: 12-111/00
~&laI
~J. Oeok. HaalvPlllle
Hampden T-.p., Cunbenai1d C<u1Iy
My Comrniss;on ExJ;/roo DeC. 17. 2006
Member. Pennsyfvanra Association Of Notanes
EXHIBIT H
283 South Butler Road
Po. Box 550
Mount Grems, PA 17064
(717) 273-8871
(71 7J 270-2452 FAX
Philha'ven
11/6/2004
Christopher E. Rice
10 East High Street
Carlisle, P A 17013
Affidavit Regarding: Mary Louise Whitney Weber, No. 21-04-0987 Orphans' Court Division
- Cumberland County c.c.P.
On October 18, 2004, I performed an initial psychiatric evaluation on the above named
person. She was alert but only partially oriented to place and time. In addition, she exhibited
some difficulty with immediate memory. She was given the diagnosis of mild dementia.
Despite the deficits, she presented well and did not seem incapable of making her own
decisions at that time.
On October 19 and 20, 2004, I spoke with both of her daughters to gather further history and
corroborate my initial fmdings. The history given by the daughters of their mother prior to her
admission to the current residence differed significantly from that given by the patient. It
appears Ms. Weber had significant difficulty in self care and care of her resources when living
alone in Ohio. She clearly needed a supervised setting which resulted in her being moved to
Green Ridge Village.
She has changed her Power of Attorney a number of times and been taken advantage of in the
process. It is unclear who her current POA is and her fees at Green Ridge Village are not
being paid in a timely manner.
Therefore, my fmal assessment is that Ms. Weber has exhibited significant deficits in
judgment and insight to her own detriment. She has been unable to care for herself outside of
a structured, supervised setting. She does not seem capable on her own of consistently and
responsibly managing her resources in her own best interest. With the diagnosis of dementia,
there is little chance of this situation improving.
RespectfuJIy,
)M~ ? ;7~~__ /YI P
Herbert E. Myers, M.D.
Senior Psychiatrist and
Consultant
~<M-1^- )- J Js~&,;{
L/bv--r>-'- if L 8 ~ diJ cy
--;/OV "--,-..,....l<.A.., 2 00 't
;(jeiuccP/itt
NOTARIAL SEAL
VICTORIA l. OTTO, NOTARY PUBliC
CARLISLE BORD. CUMBERLAND COUNty
MY rmnMIC::l';;lnN r1PIRF.C:: nr:-r. ? ?Onh
Bphaviorai fiea/theare Services
EXHIBIT I
F\FILES\DA T AFILEIGeneral\Currellt\J I 338,1 pel J
Created: 10111/04 JO'24M1
Re,i~ed IO!29f1H 2:27PM
INRE:
TN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARY LOUISE WHITNEY WEBER,
Incapacitated person
: ORPHANS' COURT DIVISION
NO. .:,
PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF A
PLENARY GUARDIAN OF THE ESTATE OF
MARY LOUISE WHITNEY WEBER
The Petition of SUSANNE W. BURTNER, ELIZABETH C. NOTVEST, and MARK D_
WEBER, by and through their attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, hereby
represent the following:
1. Petitioner, Susanne W. Burtner, is an adult individual residing at 142 I 7 Greenspan
Lane, Rockville, Maryland 20853.
2. Petitioner, Elizabeth C. Notvest, is an adult individual residing at 560 Old Skippack
Road, Lederach, Pennsylvania 19450_
3. Petitioner, Mark D. Weber, is an adult individual residing at 44 Old Hickory Lane,
Grove City, PA 16127.
4. Petitioners are the adult children of Mary Louise Whitney Weber, who is presently
a resident of Green Ridge Village, Newville, Pennsylvania.
5. Mary Louise Whitney Weber is an incapacitated person as that term is defined under
Chaptcr 55 ofthe Pennsylvania Decedent's Estates and Fiduciaries Code, 20 Pa.C.S.A. 9 5501 et
seg. Mary Louise Whitney Weber is an adult whose ability to receive and evaluate information
effectively, and communicate decisions in any way, is impaired to such a significant extent that she
is partially or totally unable to manage her financial resources.
6. The incapacitated person, Mary Louise Whitney Weber, does not have a spouse as
her husband predeceased her on May 20, 1979.
7. The incapacitated person was born on May 17, 1925, and is presently 79 years of age.
8. The incapacitated person does not have any parents presently living.
9. The presumptive adult heirs of the incapacitated person are three children, to wit:
Susanne W. Burtner, 14217 Greenspan Lane, Rockvil1e, MD 20853
(daughter);
Elizabeth C. Notvest, 560 Old Skippack Road, P.O. Box 417, Lederach, P A
! 9450 (daughter);
Mark 0 Weber, 44 Old Hickory Lane, Grove City, PA 16127 (son).
10. TllC inwjJacilaled person is presently a resident of Green Ridge Village, 2] 0 Big
Spring Road, Newville, P A 17241, an assisted living facility provi.ding both medical and residential
services to the incapacitated person.
11. Petitioners seek to have a plenary Guardian of the estate appointed by the Court.
12. The incapacitated person is in immediate need of guardianship. She is acknowledged
to be incapacitated by the Petitioners. Cousequenily, the failure to make such appointment of a
guardian would result in irreparable harm to the incapacitated person and the estate. Petitioners
believe, and therefore aver, that without a plenary guardian of the estate, the incapacitated person
will not have the financial ability to care for herself and fulfill her financial obligations.
13. Upon information and belief, review of prior medical records, conversations with the
caregivers at Green Ridge Village, a medical examination by Dr. Herbert Myers, and statements
made by employees at Harleysville National Bank and Trust Company, there is clear and convincing
evidence that the incapacitated person lacks the ability and mental capacity to manage her finances.
Prior to being relocated to an assisted living facility in Newville, Pennsylvania, the incapacitated
person was living in Ohio. She was unable to care for herself and her principal residence in Ohio
and, subsequently, was removed from her home by the local police and placed in an Ohio nursing
facility. After a few months, she was permitted to return to her residence; however, her deterioration
raised great concerns. Thereafter, in late March of 2004, Petitioners, then the attorneys-in-fact,
relocated the incapacitated person to a central geographical location in relation to Petitioners, being
Green Ridge Village, in order to monitor her physical and monetary needs.
14. There is an immediate need for guardianship because there is no longer an attorney-
in-fact to handle her affairs. The incapacitated person revoked numerous powers of attorney over
the past four months, including a power of attorney to Petitioners, resulting in less than adequate
supervision over her estate.
15. The incapacitated person's assets wcre previously being held by Harleysville National
Bank and Trust Company, 483 Main Street, Harleysville, Pennsylvania 19438. Petitioners believe
that her assets should remain and/or be returned to Harleysville because Harleysville acted in her best
interest when maintaining the assets in a custodial account
16. Steps have been taken to find less restrictive alternatives forthe incapacitated person,
but Petitioners conclude that none are available other than a court appointed guardian over her estate
17, The specific areas of incapacJty over which Petitioners have requested the guardian
be assigned powers consist of all the financial affairs, including, but not limited to, satisfYing
creditors and appropriate investing.
18. Petitioners recommend Harleysville National Bank and Trust Company, a corporate
fiduciary, who is fully qualified and capable to act as guardian. Petitioners have contacted
Harleysville and obtained its consent to be recommended as a plenary guardian of the estate.
Harleysville has no interest adverse to the incapacitated person.
19. This court has jurisdiction over the alleged incapacitated person pursuant to 20 Pa.
C.S.A. 712(4) and 20 Pa. C.S.A. 5511 et seg.
20. The incapacitated person's net worth, to the best of Petitioners' knowledge is
approximately $1,000,000, which includes a vacant home in Ohio. To the best of Petitioners'
knowledge and the extent known, the income from the incapacitated person's social security,
pension, and other sources of income is less than $2,700 per month, approximately $32,500 per year.
21. Besides approximately $5,000 owed each month to Green Ridge Village, the
incapacitated person is liable to unpaid creditors. The incapacitated person's bills exceed her
monthly income, and bills remain outstanding to, among others, Green Ridge, the Internal Revenue
Service, medical professionals, and attorneys. Further, the incapacitated person has failed to deposit
dividend checks issued to her since 1999 from various payors.
22. Because of the alleged incapacitated person's mental, physical, and psychiatric
impairments, she lacks the capacity to make or communicate responsible decisions or to manage her
financial affairs including the ability to con1municatc hei need for assistance vvith her estate.
23. The severity of the alleged incapacitated person's mental, physical, and psychiatric
conditions necessitates that a plenary guardian of her estate be appointed to manage and handle all
aspects of her estate She is further in need of a guardian to manage her finances in order to pay for
her daily living expenses, taxes, both real and personal, medical bills, and any other debts that may
arise over time Morc importantly, the incapacitated pcrson is subject to abuse and manipulation by
third parties and, Petitioners believe, is currently the victim of designing persons.
24. No other court has ever assumed jurisdiction in any proceeding to determine the
capacity of the alleged incapacitated person.
25 No other guardian has been appointed for the estate or person of the alleged
incapacitated person. All of her personal and financial affairs have been handle pursuant to the prior
Power of Attomeys held by, James Dietz, Esquire, Petitioners, and Community Trust Company.
26. Dr. Herbert Myers, a Psychiatrist practicing at Philhaven Behavioral Healthcare
Services, 283 South Butler Road, Mr. Gretna, Pennsylvania 17604, examined the incapacitated
person on October 18, 2004, and is willing to supply this Court with an affidavit setting forth his
findings if this Court so orders.
WHEREFORE, Petitioners respectfully request:
(a) This Court award a citation directed to Mary Louise Whitney Weber, the
alleged incapacitated person, and to such other persons as this Court may
direct, to show cause why Mary Louise Whitney Weber should not be
adjudged an incapacitated person and Harleysville National Bank and Trust
Company, a financial institution, appointed plenary guardian of her estate,
(b) This Court order all assets of Mary Louise Whitney Weber remain with
and/or be returned to Harleysville National Bank and Trust Company, and
(c) This Court appoint Harleysville National Bank and Trust Company as plenary
guardian ofthe estate of Mary Louise Whitney Weber to be responsible for
all aspects of the estate.
MARTSON DEARDORFF WILLIAMS & OTTO
" "I' ~\
l /" J /{\ .' l
\j.~,,- .'> .], :.:-1.//
Date: November 1,2004
B"
J
Carl C. Risch, Esquire
1.D. Number 75901
Christopher E. Rice, Esquire
1. D. Number 90916
Ten East High Street
Carlisle, PA 17013
(7]7) 243-334]
Attorneys/or Petitioners
VERIFICATION
I hereby verifY that, to the best of my knowledge, information, and believe, all averments in
this document are true and correct, aud that [ have the authority to make this verification. This
statement of verification is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsifications to authorities, which provides that if! make knowingly false averments, I may
be subject to criminal penalties.
,/7 2/
/ /}z...",;d (../ '.
Susanne W. Burtner
- "4
Date: October ,,1/< 2004
VERIFICA TION
I hereby verify that, to the best of my knowledge, information, and believe, all averments in
this document arc true and correct, and that I have the authority to make this verification. This
statement of verification is made subject to the penalties of 18 Pa,C.S. Section 4904 relating to
unsworn falsificatious to authorities, which provides that if! make knowingly false averments, I may
be subject to criminal peualties.
Date: October/'t;, 2004
<'/ eLL? ~}/7 .
'- .'-. .).-. ..- .'-. :.-, ,~ '"
o . :'rJ~'fk-.. 11'/71."''<> f-
E1iz<tbtth C. Notvest (
.
VERIFICATION
I hereby verify that, to the best of my knowledge, information, and believe, all
averments in this document arc true and correct, and that I have the authority to make
this verification. ThIs statErncnt of verification is made subject to the penalties of 18
Pa.CS. Section 4904 relating to unsworn falsifications to authorities, which provides
that if [make knowingly false averments, 1 may be subject to criminal penalties.
Date: Octobcr 26, 2004
/~<~.
Mark D.' eber
+
EXHIBIT J
'"
'flLE No. 25802/01 '93 22:59~L~N1ERF~X6500
.--
,
PAGE 2
Council
Older Adults
OTIlTLAw-ATEcoDNTY
WRITTEN NOTICE OF THE INTENT TO INVESTIGATE
A REPORT OF POSSJBLE:
ABUSEINEGL1<:C1I1U(PLOITATION OF AN ADULT
(ORC 5101.62)
Oelaware Commerce ParI<
818 8owtown Road
OelawarF:. OH 43015
The county department of human s~rvices has recei.ved a report that you
are suffering from (circle one) abus~ploitatian, as evidence by
the following reported inicJlmatian:
740-363-6677
800-994-2255
Fax 740.363-7588
www.grow;ngolder.org
'r(r, J,-^~ V\u [', -yJ...A(';, "'()!c,} '+'(jP - ~~(' ~~-f.:'-\rL..!\_L'A-~_G--.,
eLm d (r<! 1) U -+J~ j...A\..J/~----' 1m ~ I u..C .1 M0. ~~I on ~ CLuL. ~
LA)\),!.. ~ . I\ACJ.A~ \-ICL(\, rlt..lJ....J.....~A'I-....)::, 00 ~M-G~O--'
~~0M~~ 2C~j~~~ ~~ ~
Iti:~ the legal responsibility of ncil far Older Adults (via contT<\ct with f>'-JL~ '~
the Delaware County Department of]obs & Family Ser'fices) to ...JL ~,.
investigate this report and determine whether your life IS endangered ar t.wJ"0l- -c. V~
whether physical harm, mental anguish or mental iLlness is [ilcely to result, ~::->~
and to provide protective services to you i[needed and available. () ~ . ~ '~\,..
, ~,,,,/,_J.~ V~
EXPLANATION OF. THE NontE ~~~ ~
(ORC 5101.62) ~., ~
The COtmty Depmiment of Jobs & Family Services has received a report ~ -: ct. ~
that you are believed to be in danger of death, physical harm or mental ,0~ """"(\ "
hann. Under Ohio law ttis ~ur responsibility to investigate' this report and y\I\......G""~\ ,'~..::A_
oetennme whether your hfe 1sm danger or whether you may be suffering ~ b.,,-3G.~~LJ.j
pl1YS1cal 0, mental harm. My Job 1S to be of ass1stance to you and those '-':j . c......6
who come into contact with you. If you are abused, neglected or~\A-..lL. i...-U
exp,loi(ed, my job \$ to see if we CWI prov1de services that will p~otect you ~. --\D SelL:::\; 'vL,--,,-
fro~n D-!Jther suffenng and help ttmse who CODle mto contact wltn you to ~
better handle the stresses and strains in their Lives.
My name is Jod', ~l 0.+(",::' I 15~) (Investigator)
ILtO -3i.sJ~-lou>Tl
My phone number is
"Helping Delaware County become a 6etter place to grow older,"
~
,
, .
.
,
EXHIBIT K
.
..
.
flFILES\DAT AFJLEIGeneraJ\Currentll J D81. (}rd
Created: 11ll/04 JI40AM
Revised: 11IJ2/04 IO:45A.\1
INRE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARY LOUISE WHITNEY WEBER,
I ncapacitated person
ORPHANS' COFRT DIVISION
NO. 21-04-0987
l
if~
ff7l
AND NOW, this K IV day of
,2004, in consideration of the Petition
for Adjudication ofIncapacity and Appointment of a Plenary Guardian ofthe Estate of Mary Louise
Whitney Weber and a hearing on the Petition, and a determination that Mary Louise Whitney Weber
is an incapacitated person as defined by Chapter 55 of the Pennsylvania Decedent's Estates and
Fiduciaries Code, 20 Pa.c.s.A. 9 5501 et seq., this Court appoints Harleysville National Bank and
Trust Company as the (, ~T Guardian of the Estate of Mary Louise Whitney
Weber. .
By the Court:
J.
.
A TFtt!E CC~PY FHOM
tn Tastirnori.\l i,VIV::!(C,f, ; hsr.:=;unt':;
S;(;..':,{ my har~d andlh8 SF;;:)!
cd ;:::8id Coun al P/\
'('1"-;1'.:,. ',-,_,:~,l,''''';. ,-\~t. \" ,f " ,\, '-,I) 'I
, ,I.,,, l!L~_ vay ".I_L"!'-:.~'S..~.\DJ....:.;;"-'.' "
(, _ ;;__~,,_.cu,\S)> 'q('c,.:..';;_~=.:d~"C,)"f .
Clerk of the GrphansC>:>v:"
Cumberland CC):)(i
!'...i
c\ C (.- :~'_---c_._J) C"-'
c c - ,,,-\-':~ (~ ~.; (~
1.'-'"",,
r
'"
,
.
.
VERIFICA nON
Evelyn A. Fahs, Trust Officer, Harleysville National Bank, acknowledges that she has the
authority to execute this Verification in behalf of Harleysveill National Bank and certifies that the
foregoing Complaint is based upon information which has been gathered by her counsel in the
preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I
have read the document and to the extent that the Complaint is based upon information which I have
given to my counsel, it is true and correct to the best of my knowledge, information and belief. To
the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making
this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
Harleysville National Bank
-I
.
.
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Amended Complaint was served this date by
depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as
follows:
Mark E. Halbruner, Esquire
GATES, HALBRUNER & HATCH, P.C.
1013 Mumma Road, Suite 100
Lemoyne, P A 17043
Attorney for Defendant Community Trust Company
MARTSON DEARDORFF WILLIAMS & OTTO
By C-R.1,.-.J:....- 5" I?
Christopher E. Rice
Date: November 30, 2005
C:J
-j-t
(-,)
c::.:.
1\
~:.
.~,'1
MARY LOUISE WHITNEY WEBER,
an incapacitated person, by
HARLEYSVILLE NATIONAL BANK,
Guardian,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
vs.
COMMUNITY TRUST COMPANY,
Defendant.
: DOCKET NO. 05-5338 CIVIL
NOTICE TO PLEAD
You are hereby notified to file a written response to the enclosed New Matter within twenty
(20) days from service hereof or a judgment may be entered against you.
GATES, HALBRUNER & HATCH, P.C.
/7
?~~.~If'.~~{.
Mark E. Halbruner, Esquire
Attorney ID No. 66737
\013 Mumma Road, Suite \00
Lemoyne, P A 17043
Telephone: (717) 73\-9600
(Attorneys for Defendant)
Date: ~::,{O "
,
MARY LOUISE WHITNEY WEBER,
an incapacitated person, by
HARLEYSVILLE NATIONAL BANK,
Guardian,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff,
vs.
COMMUNITY TRUST COMPANY,
Defendant.
: DOCKET NO. 05-5338 CIVIL
ANSWER WITH NEW MATTER
AND NOW, comes Community Trust Company (hereinafter "Defendant"), by and through
its undersigned counsel, and makes the following Answer with N.:w Matter to the First Amended
Complaint in the above-captioned action:
ANSWER
I . Admitted.
2. Admitted.
3. Admitted.
4. Denied as stated. Defendant is a trust company chartered and regulated by the
Pennsylvania Department of Banking, and as such, Defendant is in the business of providing trustee
and fiduciary services.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Denied as stated. Exhibit HD" is a writing which speaks for itself.
11. Admitted.
12. Admitted in part, and denied in part. It is admitted that Mary Weber signed the letter
attached to the First Amended Complaint as Exhibit HE". The remainder of Paragraph 12 is denied
as stated. Exhibit HE" is a writing which speaks for itself.
13. Admitted.
14. Admitted.
15. Denied. Afterreasonable investigation, Defendant is without information sufficient
to form a belief as to the truth of the averments contained in Paragraph 15, and strict proof thereof
is demanded at trial if relevant. By way of further answer, Exhibit "F" is a writing which speaks for
itself.
16. Admitted.
17. Admitted in part, and denied in part. It is admitted that Defendant asked Mary Weber
to sign the Receipt and Release Agreement before transferring her assets to Harleysville National
Bank. The characterization of the September 23 letter is denied as the letter is a writing which
speaks for itself.
18. Admitted.
19. Admitted.
20. Admitted.
21. Denied. After reasonable investigation, Defendant is without information sufficient
to form a belief as to the truth of the averments contained in Paragraph 2\, and strict proof thereof
is demanded at trial ifrelevant.
22. Denied as stated. Exhibit "H" is a writing which speaks for itself.
23. Denied. After reasonable investigation, Defendant is without information sufficient
to form a beliefas to the truth of the averments contained in Paragraph 23, and strict proof thereof
is demanded at trial if relevant. By way of further answer, Exhibit "H" is a writing which speaks for
itself.
24. Denied. After reasonable investigation, Defendant is without information sufficient
to form a belief as to the truth of the averments contained in Paragraph 24, and strict proof thereof
is demanded at trial if relevant.
25. Denied. After reasonable investigation, Defendant is without information sufficient
to form a belief as to the truth of the averments contained in Paragraph 25, and strict proof thereof
is demanded at trial if relevant.
26. Denied. After reasonable investigation, Defendant is without information sufficient
to form a belief as to the truth of the averments contained in Paragraph 26, and strict proof thereof
is demanded at trial ifrelevant.
27. Denied. After reasonable investigation, Defendant is without information sufficient
to form a belief as to the truth of the averments contained in Paragraph 27, and strict proofthereof
is demanded at trial if relevant. By way of further answer, Exhibit "J" is a writing which speaks for
itself.
28. Denied. After reasonable investigation, Defendant is without information sufficient
to form a belief as to the truth of the averments contained in Paragraph 28, and strict proof thereof
is demanded at trial if relevant.
29. Denied as a conclusion oflaw which requires no responsive pleading. To the extent
that a response is required, Mary Weber appeared to Defendant to be capable of making and
communicating responsible decisions and managing her financial affairs.
30. Admitted.
COUNT I
31. The responses set forth in Paragraphs 1 through 30" above, are incorporated herein
by reference.
32. Denied as a conclusion oflaw which requires no responsive pleading.
33. Denied as a conclusion oflaw which requires no responsive pleading.
34. Denied as a conclusion oflaw which requires no responsive pleading.
35. Denied as a conclusion oflaw which requires no responsive pleading. To the extent
that a response is required, after reasonable investigation, Defendant is without information
sufficient to form a belief as to the truth of the averments contained in Paragraph 35, and strict proof
thereof is demanded at trial if relevant.
36. Denied as a conclusion oflaw which requires no responsive pleading.
37. Admitted.
WHEREFORE, Defendant respectfully demands judgment in its favor, dismissing Count
I of the First Amended Complaint with prejudice, together with costs, attorney fees and such other
relief as the Court deems appropriate.
COUNT II
38. The responses set forth in Paragraphs I through 37, above, are incorporated herein
by reference.
39. Admitted.
40. Denied as a conclusion oflaw which requires no responsive pleading.
41. Denied as a conclusion of law which requires no responsive pleading.
WHEREFORE, Defendant respectfully demands judgment in its favor, dismissing Count
II of the First Amended Complaint with prejudice, together with costs, attorney fees and such other
relief as the Court deems appropriate.
NEW MATTER
42. The responses set forth in Paragraphs I through 41" above, are incorporated herein
by reference.
43. Mary Weber was referred to Defendant by other professionals with experience in the
affairs of elderly persons.
44. Defendant and its officers and employees had no reason to believe that Mary Weber
was incapable of making the decision to transfer her assets to Defendant's custody and management
and to execute the documents required to accomplish that transfer.
45. The trustee fee and trust termination fee received by Defendant are consistent with
the revocable trust agreement (Exhibit "B" to the First Amended Complaint) and compensation
schedule (Exhibit "c" to the First Amended Complaint) which were signed by Mary Weber.
46. Defendant provided fiduciary services as agent, (:ustodian and trustee for Mary
Weber.
47. The trustee fee and trust termination fee received by Defendant are consistent with
the fees customarily charged for similar services by corporate fiduciaries in central Pennsylvania.
. ,
48. The claims presented in the First Amended Complaint were waived by Mary Weber
when she executed the Receipt and Release Agreement (Exhibit "G" to the First Amended
Complaint).
49. In order to void the written instruments executed by Mary Weber, Harleysville
National Bank must clearly prove that she was incapacitated at the time of signing.
50. Even if Mary Weber was incapacitated when she signed Defendant's trust agreement
and compensation schedule, Defendant is entitled to compensation for its fiduciary services because
it was not aware of the incapacity, and in such event, the reasonable value of Defendant's services
should be set-off against any sums allegedly due to Mary Weber.
Respectfully submitted,
GATES, HALBRUNER & HATCH, P.C.
.,
f}1~4(:~r:~
Mark E. Halbruner, Esquire
Attorney ID No. 66737
1013 Mumma Road, Suite 100
Lemoyne, P A 17043
Telephone: (717) 731-9600
(Attorneys for Defendant)
Date: 12 f ~- !c.:;.:..:
. '
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are true and
correct to the best of her knowledge, information and belief. This verification is made subject to the
penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities.
Date:
/zfr/~~
\cT-~
Susan A. Russell, Pr sident and CEO
Community Trust Company
CERTIFICATE OF SERVICE
I, Mark E. Halbruner, of the law firm of Gates, Halbruner & Hatch, P .C., hereby certifY that
I served a true and correct copy of the foregoing document on this date by First Class mail to the
following:
Christopher E. Rice, Esquire
Carl C. Risch, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, P A 17013
(Attorneys for Plaintiff)
GATES, HALBRUNER & HATCH, P.C.
')1A-b_ /K J~~~
Mark E. Halbruner, EsqUire
1013 Mumma Road, Suite 100
Lemoyne, P A 17043
Telephone: (717) 731-9600
Date: D 11~1c,~
"
c_>~
;c,"
,~, \
1(",',
....>
c~
r::::>
('J"1
o
r~'''\:
"
~':':--l
~-
-
u:>
-0
:5t:.
~
......
:!::-rl
,,1 r::
1:1f1:\O
'U
" L
';SC:~~
,'~-~ \'n
()
,0"
,~
~Q.
;;;:
o
~
Christopher E. Rice, Esquire
Attorney LD. No. 90916
Carl C. Risch, Esquire
AttorneyLD. No. 75901
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MARY LOUISE WHITNEY WEBER,
an incapacitated person, by
HARLEYSVILLE NATIONAL BANK,
Guardian,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 05 - 5338 CIVIL TERM
COMMUNITY TRUST COMPANY
Defendant
: JURY TRIAL OF TWELVE DEMANDED
RESPONSE TO DEFENDANT'S
ANSWER WITH NEW MATTEH
42. Plaintiffs Complaint is incorporated herein as iffully set forth below.
43. Denied. Upon reasonable investigation, Plaintiff is without information sufficient
to form a belief as to the truth of the averment contained in Paragraph 43, and strict proof thereof
is demanded at trial if relevant.
44. Denied. Plaintiffs children notified Defendant of Plaintiffs inability to make
financial decisions and her present condition.
45. Denied. The documents speak for themselves.
46. Denied. Upon reasonable investigation, Plaintiff is without information sufficient
to form a belief as to the truth of the averment contained in Paragraph 46, and strict proof thereof
is demanded at trial if relevant.
47. Denied. Upon reasonable investigation, Plaintiff is without information sufficient
to form a belief as to the truth of the averment contained in Paragraph 47, and strict proof thereof
is demanded at trial if relevant.
48. Denied. The document speaks for itself. By way of further answer, it is denied as
a conclusion oflaw.
49. Denied as a conclusion oflaw.
50. Denied. Upon reasonable investigation, Plaintiff is without information sufficient
to form a belief as to the truth of the averments contained in Paragraph 50, and strict proof thereof
is demanded at trial if relevant. By way of further response, it is denied that Defendant is entitled
to any compensation and Plaintiff demands strict proof of such fiduciary services and the value of
those services set forth herein.
WHEREFORE, Harleysville demands judgment against Defendant and on behalf of Plaintiff
in the amount of $9,759.10, plus costs of suit, interest from the date the money was retained by
Defendant, attorney fees for failure to return said fees, and any other relief this Court believes is just
and reasonable.
MARTSON DEARDORFF WILLIAMS & OTTO
B(:g1rL > fl
Christopher E. Rice, Esquire
1. D. Number 909]!6
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
F:\FILES\DA T AFILEIGeneral\Current\ 1 ] 407 .2. resp. nm
.
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO,
hereby certifY that a copy of the foregoing Response to New Matter was served this date by
depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as
follows:
Mark E. Halbruner, Esquire
GATES, HALBRUNER & HATCH, P.C.
1013 Mumma Road, Suite 100
Lemoyne, P A 17403
MARTSON DEARDORFF WILLIAMS & OTTO
By
Mary . Price
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: January 4, 2005
~,
e:~)
c::)
...)'"
'-
I
,~
,,,
o
-'n
.-,
f{~i~
,':)
f;.)
c.:-:)
c.::;
.
....
Christopher E. Rice, Esquire
Attorney 1.D. No. 90916
Carl C. Risch, Esquire
Attorney 1.D. No. 75901
MARTS ON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
MARY LOUISE WHITNEY WEBER,
an incapacitated person, by
HARLEYSVILLE NA TrONAL BANK,
Guardian,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: NO. 05 - 5338 CIVIL TERM
COMMUNITY TRUST COMPANY:
Defendant
: JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
To the Prothonotary:
Please mark the above captioned action settled and discontinued.
MARTS ON DEARDORFF WILLIAMS & OTTO
By C-e ~
?
~
Christopher E. Rice, Esquire
1. D. Number 90916
Ten East High Street
Carlisle, P A 170 I3
(717) 243-3341
Attorneys for Plaintiff
Date: June 28, 2006
F:\FILES\DAT AFILE\General\Cur~nt\1 1407.2_pra
(
.,.
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO,
hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Mark E. Halbruner, Esquire
GATES, HALBRUNER & HATCH, P.C.
10I3 MurnmaRoad, Suite 100
Lemoyne, PA 17403
MARTSON DEARDORFF WILLIAMS & OTTO
By
M
10 Ea High Street
Carlisle, P A 170 I3
(717) 243-3341
Dated: June 28, 2006
"..
"
\:-;;\
',.-
',.,,'-,
:-'-'~
.-~~
'C')
...."
..;.....
t;?
U>.
k
..-\ "
f;;;,~d-~