HomeMy WebLinkAbout07-12-06
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
ORPHANS COURT DIVISION
NO. 2 I -06- ,,:;xl
JOSEPH MEYERHOFER,
an Alleged Incapacitated Person
Petition for Adjudication of Incapacity and Appointment
of Plenary Guardian of the Estate and Person in
Accordance with 20 Pa. Cons. Stat. ~ 5511
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TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
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1. Petitioners are:
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(..A)
Paul Bailley and Dora Lee Bailley, husband and wife, adult individuals, residing at 3090
Guffey Road, North Huntingdon, Pennsylvania, the brother-in-law and sister-in-law of Joseph
Meyerhofer. Paul Bailley was named as attorney-in-fact for Joseph Meyerhofer by power of
attorney dated July 13, 2001, a true and correct copy of which is attached hereto as Exhibit "A".
Dora Lee Bailley was named as the alternate in that power of attorney; and
Kathy Anthony, also known as Kathy Anthony-Gulden, an adult individual, with mailing
address of P. O. Box 281, Bendersville, Pennsylvania, a niece of the Joseph Meyerhofer.
2. Joseph Meyerhofer was born on August 7, 1926, is 79 years of age and IS an
unremarried widower. He currently resides at Claremont Nursing and Rehabilitation Center, 1000
Claremont Road, Carlisle, Pennsylvania, which is also his mailing address. He has resided at that
facility since May 12, 2006. Prior to that date he resided at his home at 54 Greenfield Drive,
Carlisle, Pennsylvania.
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3. The following persons are the alleged incapacitated person's only living next-of-kin:
NAME
ADDRRESS
3090 Guffey Road
North Huntingdon, PA
P. O. Box 281
Bendersville, PA
RELATIONSHIP
Paul Bailley
Dora Lee Bailley
brother-in-law
sister-in-law
Kathy Anthony
III ece
Josephine Meyerhofer
sister-in-law
Lawrence Meyerhofer, Jr.
197 Chambers Street
Phillipsburg, NJ
nephew
4. To the extent known by petitioner, the assets of the alleged incapacitated person are
valued at approximately $337,000.00, comprising the following: $157,000.00 at Orrstown Bank;
and a personal residence at 54 Greenfield Drive, Carlisle (South Middleton Township),
Pennsylvania, valued at $180,000.00.
5. Petitioner estimates the alleged incapacitated person's monthly income to be
$1,,030.00, including Social Security Benefits of $960.00 and interest of $70.00 monthly.
6. The alleged incapacitated person is not receiving benefits from the United States
Veteran's Administration.
7. The alleged incapacitated person suffers from dementia, possibly of the Alzheimer's
type.
8. Because of his mental condition, the alleged incapacitated person is totally unable to
manage or even appreciate the significance of his financial affairs, property and business and to
make and communicate any decisions relating thereto, including the ability to communicate his
need for assistance in these areas.
9. Because of his impaired mental condition, the alleged incapacitated person lacks the
capacity to make or communicate any responsible decisions concerning his person and is unable to
properly attend to his personal hygiene.
10. Because of the severity of his mental impairment, the assistance of other persons or
services would not enable the alleged incapacitated person to effectively participate in the making
of any decisions concerning his estate or person.
11. The severity of the alleged incapacitated person's mental condition mandates that a
plenary guardian of his estate be appointed to manage and handle all aspects of the alleged
incapacitated person's estate, specifically including, but not limited to: all issues relating to his
cash, checks, and any bank or savings accounts held in his name, his stocks and bonds, his
personal personal property, his real estate, any insurance of any kind, of which he is a beneficiary,
any governmental and non-governmental benefit plans to which he is entitled, federal, state and
local taxes, any claims made or to be made on behalf of him or against him, and the execution of
documents, entry into contracts and payment of reasonable compensation or costs to provide
services for him.
12. The severity of the alleged incapacitated person's mental condition mandates that a
plenary guardian of his person be appointed to handle all issues relating to the person of the
alleged incapacitated person, specifically including, but not limited to: his living arrangements, his
medical and psychiatric care, the administration of medication to him, and the employment and
discharge of physicians, psychiatrists, dentists, nurses, therapists and other professionals for his
physical and mental care.
13. Petitioner is not aware that the alleged incapacitated person signed any powers of
attorney or advance health care directives or in any other way designated anyone to serve as his
agent over any of his personal or financial affairs or as his surrogate over his medical care, or that
he designated in writing his wishes with regard to health care, including the use or refusal of life-
sustaining treatment. (If there was such a power of attorney or advance health care directive,
identify and describe and provide a copy of the same. If the named agent under the power of
attorney or advance health care directive is not the suggested guardian of the person, explain.)
14. The proposed plenary guardian of the person of the alleged incapacitated person is
Kathy Anthony, one of the Petitioners herein, a niece of the alleged incapacitated person, who
resides in Bendersville, Adams County, Pennsylvania, whose consent to serve as plenary guardian
of the person is attached hereto.
15. The proposed guardian has had regular contact with the alleged incapacitated person
and assisted in having him examined by a physician and transferred to a nursing home.
16. The proposed plenary guardian of the estate of the alleged incapacitated person is
Kathy Anthony, one of the Petitioners herein, a niece of the alleged incapacitated person, who
resides in Bendersville, Adams County, Pennsylvania, whose consent to serve as plenary guardian
of the person is attached hereto.
17. The proposed guardian has assisted the alleged incapacitated person in the managing
of his financial affairs since January of this year and is familiar with his finances.
18. The proposed guardian has no interest adverse to the alleged incapacitated person.
19. No other court has ever assumed jurisdiction in any proceeding to determine the
capacity of the alleged incapacitated person.
20. No other guardian has been appointed for the estate or person of the alleged
incapacitated person.
21. Petitioners Paul Bailley and Dora Lee Bailley, join in the within Petition in their role
as named afftorneys-in-fact for the alleged incapacitated person to indicate their belief that the
relief requested is in the best interests of the alleged incapacitated person and to acknowledge that
they are unable to adequately perform these duties on his behalf.
WHEREFORE, petitioner respectfully requests that this court award a citation directed to
Joseph Meyerhofer, the alleged incapacitated person, with notice thereof to be given to the alleged
incapacitated person in conformity with 20 Pa. Cons. Stat. S 5511, and to such other persons as
this court may direct, to show cause why Joseph Meyerhofer should not be adjudged a totally
incapacitated person, and Kathy Anthony appointed plenary guardian of his person, and estate.
Respectfully submitted,
Frey & Tiley,
By:
Robert G. Frey, Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
I verify that the statements made herein are true and correct and understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. A. S 4904 relating to unsworn
falsification to authorities.
Dated: May 23, 2006
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Paul Bailley
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CONSENT OF GUARDIAN OF THE ESTATE AND PERSON
I, Kathy Anthony, hereby consent to act as the Guardian of the Estate and Person of Joseph
Meyerhofer.
I reside at 16 Liberty Lane, Bendersville, Pennsylvania 17306.
I am a citizen of the United States of America and can speak, read and write the English
language.
I have no interest adverse to Joseph Meyerhofer, the alleged incapacitated person.
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IMMEDIATE, GENERAL, DURABLE, HEALTHCARE
POWER OF ATTORNEY
NOTICE
. THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU
DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY
,
WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL
OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY
YOu.
THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO
EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT
MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH
THIS POWER OF ATTORNEY.
YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR
LIFETIME, EVEN AFTER YOU BECOME INCAP ACIT A TED, 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 A WAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR
AGENT IS NOT ACTING PROPERLY.
THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY
ARE EXPLAINED MORE FULLY IN 20 PA. C.S. CH. 56.
IF THERE IS ANYTHING-ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND,
YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU.
I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND
ITS CONTENTS.
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~EP~YERHOFER " (Date)
I, JOSEPH MEYERHOFER, of South Middleton Township, Cumberland County,
.,Y,Xn ylvania ~QoQ~~ebx nominate, constitute, and appoint PAUL BAILLEY, residing at
LJU'1l ., ~, l!..H. M ISlYJas and for my true and lawful attorney-in-fact, and as my agent
(referred t herein as either my "attorney-in-fact" or my "agent"), for me and in my name, place
and stead, and for my use and benefit to transact all my business and to manage all my property and
medical and health.affairs as I might do if personally present, and competent, as hereinafter set .
forth. If PAUL BAILLEY, is unable or unwilling to serve, or nce haviqg.qualifjCfd, js unable 9r 11/. .
. unwilling to serve, I appoint DORA LEE BAILLEY, of ,rfj' 'b( ,M- flv/Jl"tr~ r:..
as and for my true and lawful attorney-in-fact, and as my agent (re erred to herein as either my'.::> , Va.
"attorney-in-fact" or my "agent"), for me and in my name, place and stead, and for my use and
benefit to transact all my business and to manage all my property and medical and health affairs as I
might do if personally present, and competent, as hereinafter set forth:
1. Effective Immediately, Durable. This power of attorney .shall be effective
immediately. This power of attorney shall not be affected by my subsequent disability or
incapacity.
2. General powers. My attorney-in-fact shall have the following powers:
a. To ask, demand, sue for, recover, collect, and receive all sums of money, debts,
dues, accounts, legacies, bequests, interest, dividends, annuities, and demands whatso~ver as are now
or shall hereafter become due, owing, payable, or belonging to me, and to use all lawful ways and
means in my name or otherwise for the recovery thereof, and to compromise and agree to the same
and give acquittances or other sufficient discharges for the same;
b. For me and in my name, to make, seal, and deliver, bargain, contract, agree for,
purchase, receive, and take a~y inter~st in real property; to accept the pos~ession o~, and all de~ds
and other assurances for any mterest m real property; and to lease, let, denuse bargam, sell, renuse,
release, convey, mortgage, and hypothecate any i~terest in real. property upon such terms and
conditions and under such covenants as my attorney-m-fact shall thmk fit;
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RESPONDENT'S
EXHIBIT
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c. Also to bargain and agree to, buy, sell mortgage, hypothecate, and in any and
every way and manner dea1 in and with goods, wares, and merchandise, chooses in action, and other
property in possession or in action, and to make, do, and transact all and every kind of business of
any nature and kind;
. d. And also for me and in my name, and as my act and deed, to sign~ seal,
. e~ecute, delIver, and a~knowl~dge such deeds, leases, mortg~ges, .hypothecations, bills of lading,
bIlls, bonds, notes, rec.elpts, eVlde~ce o~ ?ebt, release.s and satIsfactIOn of mortgage, judgments and
other debts, and other mstruments 10 wntmg of any kind as may be necessary or desirable;
e. Giving and granting unto my attorney-in-fact full power and authority to do
and perform every act necessary, requisite, or proper to be done in 'exercising this power of attorney
as fully as I might or could do if personally present, with full power of substitution and revocation
hereby ratifying and confirming all that my attorney shall lawfully do or cause to be done by virtu~
hereof.
...
f. To take possession, have access to and order the removal and shipment, of
any of my property from any post, warehouse, depot, safe deposit box, dock, or other place of
storage or safe keeping, governmental or private; and to execute and deliver any release, voucher
receipt, shipping ticket, certificate, or other instrument necessary or convenient for such purpose. '
g. I direct that my attorney shall not sell any of my household goods or
furnishings unless it shall be necessary in order to provide adequate funds to pay for my reasonable
living and medical expenses. I direct that my attorney shall retain all such household goods and
furnishings as my attorney believes I may currently need or need in the future. In the event my
attorney deems it necessary to dispose of any household goods or furnishings not needed to be
sold to raise money for my care and not deemed to be needed by me currently or in the future, then
I direct that all such household goods and furnishings be given to the person or persons to whom I
have provided that they pass either specifically or as part of the residue of my estate in my most
recently executed Last Will and Testament and that none be sold.
h. If my mental condition shall have deteriorated so that I am no longer able to
give gifts to persons to whom I have customarily given gifts, then to the extent that my attorney
deems the assets of my estate, both principal and income, are in excess of the amounts reasonably
anticipated to be required for my proper support and maintenance, then I direct my attorney to make
gifts up to $100.00 each to my children and to their descendants, on the following occasions:
Christmas, birthday, marriage, and baptism.
3. Additional statutory powers. To make limited gifts. To create a trust for my.
benefit. To make additions to an existing trust for my benefit. To claim an elective share of the
estate of my deceased spouse. To disclaim an interest in property. To renounce fiduciary
positions. To withdraw and receive the income or corpus of a trust. To authorize my admission to
a medical, nursing, residential or similar facility and to enter into agreements for my care. To
authorize medical and surgical procedures. The powers contained in this paragraph shall be
construed and implemented in accordance with the provisions of Chapter 56 of Title 20,
Pennsylvania Consolidated statutes, in effect on the date of execution of this power of attorney.
4. Access to my medical and other personal information. To request, review, and
receive any information, verbal or written, regarding my personal affairs or my physical or mental
health, including medical and hospital records, and to execute any rel~ases or other documents that
may be required in order to obtain this information. .
5. Employ and discharge others. To employ and discharge physicians,
psychiatrists, dentists, nurses, therapists and other professionals as my agent deems necessary for
my physical, mental, and emotional well-being; and to pay them, or any of them, reasonable
compensation.
6. Consent, or refuse consent, to my medical care. To give or withhold consent to
my medical care surgery or any other medical procedures or tests; to arrange for my hospitalization,
convalescent care or home care; and to revoke, withdraw, modify or change consent to my medical
care, surgery, or any other medical procedu~es or tests, hospitalization, ~onv~lescent. care, or home
care which I or my agent, may have prevIously allowed or consent ImplIed due to emergency
conditions. I ask my agent to be guided in making such decisions by the personal preferences I
have expressed regarding such, including thos~ preferenc~s ~ s.tated i.n my .Living Wil~, if an~, ~d
I direct my attorney-in-fact to follow the provIsIOns of saId Llvmg WIll, usmg the versIOn WhICh IS
most recent to the time when my attorney-in-fact may be making any such decision, and to defer to
the wishes of the surrogate named in said Living Will, if that individual is different from my
attorney-in-fact, when making healthcare decisions. Based on those same preferences, my agent
may also summon paramedics or other emergency medica1 personnel and seek emergency treatment
for me, or choose not to do so, as my agent deems appropriate given my wishes and my medical
status at the time of the decision. My agent is authorized, when dealing with hospitals and
Page 2 of 5
physicians, to sign documents titled or purporting to be a "Refusal to Permit Treatment" and
"Leaving Hospital Against Medical Advise" as well as any necessary waivers of or releases from
liability required by the hospitals or physicians to implement my wishes regarding medical
treatment or nontreatment.
, 7. Consent, or refuse consent, to my psychiatric care. Upon the 'execution .of a
certificate by two (2) independent psychiatrists who have examined me, and in whose opinion I am
in immediate need of hospitalization because of mental disorders, alcoholism or drug abuse, to
arrange for my voluntary admission to an appropriate hospital or institution for treatment of the
diagnosed problem or disorder; to arrange for private psychiatric and psychological treatment for
me; to refuse consent for any such hospitalization, institutionalization, and private psychiatric and
psychological care; and to revoke, modify, withdraw or change consent to such hospitalization,
institutionalization and private treatment which I or my agent may have given at an earlier time.
8. Provide relief from pain. To consent to and arrange for the administration of
pain-relieving drugs of any type, or other surgical or medical procedures calculated to relieve my
pain even though their use may lead to permanent physical damage, addiction or even hasten the
moment of, but not intentionally cause, my death.
9. Protect rights of privacy. To exercise my right of privacy to make decisions
regarding my medical treatment and my right to be left alone even though the exercise of my right
might hasten death or be against conventional medical advice. My agent may take appropriate legal
action, if necessary to enforce my right in this regard.
10. Third party reliance. For the purposes of inducing any physician, hospital, or
other party to act in accordance with the powers granted in this document, I hereby represent,
warrant and agree that:
a. If this document is revoked or amended for any reason, I. my estate, my heirs,
successors, and assigns will hold such party or parties harmless from any loss suffered, or liability
incurred, by such party or parties in acting in accordance with this document prior to that
party's receipt of written notice of any such termination or amendment or that party's actual notice
of my death.
b. The powers conferred on my agent by this document may be exercised by my
agent alone and my agent's signature or act under the authority granted in this document may be
accepted by third parties as fully authorized by me and with the same force and effect as if I were
personally present, competent, and acting 0.0 my own behalf.
. '
c. No person who acts in reliance upon any representations my agent may make
regarding the scope of authority granted under this document shall incur any liability to me, my
estate, my heirs, successors or assigns for permitting my agent to exercise any such power.
d. All third parties from whom my agent may request information regarding my
health or personal affairs are hereby authorized and directed to provide such information without
limitation and are released from any legal liability whatsoever to me, my estate, my heirs, successors
or assigns for complying with my agent's requests. With specific reference to medical information,
including information about my mental condition, I am hereby authorizing in advance all physicians
and psychiatrists who have treated me, and all other providers of health care, including hospitals, to
release to my agent all information and photocopies of any records which may be requested. All
physicians, hospitals, and other health care providers are hereby authorized to treat my agent's
request as that of a legal representative of an incompetent patient and to honor such request on that
basis. I hereby waive all privileges which may be applicable to such information and records or~
applicable to any comm~nic.ation ~ertaining to me an~ made in the course. of ~ l~wyer-client,
physician-patient, psychIatnst-patient, clergyman-patient, or sexual assault vIctim-counselor
relationship.
...
e. My agent shall have the right to seek court orders mandating appropriate acts
if a third party refuses to comply with actions taken by my agent which are authorized by this
document, or enjoining acts by third parties which my agent has not authorized.
11. Nomination of Guardian. (a) I hereby nominate PAUL BAILLEY, as guardian
of my estate or person in acc?rdance with .20 Pa. Con. Stat. ~5604(c)~2). and any successor sec~ion
which authorizes me to nommate a guardian of my estate or person If mcompetency proceedmgs
for my estate or person are hereafter commenced. If PAUL BAll.:LEY, is unable or unwilling to act
or to continue to act, I nominate DORA LEE BAILLEY, as guardian of my estate or person.
12. General reliance on Power. This power may be accepted and relied upon by
anyone to whom it is presented until such person either receives written notice of revocation by me
or a guardian or similar fiduciary of my estate or has actual knowledge of my death.
Page 3 of 5
IN WITNESS WHEREOF, I have hereunto signed my name and seal this
/3 ff- day of =Tv' 7 ,2001.
~~(se&)
JOSE H MEYE OFE .
Social Security No.: / 1<7 -/? - ~~ ~ 7
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this the I s tt-- day of 3 J \ if. ,2001, before me, the undersigned officer,
personally appeared JOSEPH MEYERHOFE ,known to me to be the person whose name is
subscribed to the within instrument, and acknowledged that HE executed the same for the purposes
therein contained.
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IN WITNESS WHEREOF, I hereunto set my
ACKNOWLEDGMENT EXECUTED BY AGENT
NOTMI
ROBERT O. FREY, NOTARY PUBLIC
CARLISLE, CUMBERLAND COUNTY, PA
MY COMMISSION EXPRIRES JUNE 3, 2002
AN AGENT SHALL HAVE NO AUTHORITY TO ACT AS AGENT UNDER THE
POWER OF ATTORNEY UNLESS THE AGENT HAS FIRST EXECUTED AND AFFIXED
TO THE POWER OF ATTORNEY AN ACKNOWLEDGMENT IN SUBST ANTIALL Y THE
FOLLOWING FORM:
I, PAUL BAILLEY, HA VB READ THE ATTACHED POWER OF ATTORNEY AND AM
THE PERSON IDENTIFIED -AS THE AGENT FOR THE PRINCIPAL. I HEREBY
ACKNOWLEDGE THAT IN THE ABSENCE OF A SPECIFIC PROVISION TO THE
CONTRARY IN THE POWER OF ATTORNEY OR IN 20 PA.C.S. WHEN I ACf AS AGENT:
I SHALL EXERCISE THE POWERS FOR THE BENEFIT OF THE PRINCIPAL.
I SHALL KEEP THE ASSETS OF THE PRINCIP AL SEPARATE FROM MY ASSETS.
I SHALL EXERCISE REASONABLE CAUTION AND PRUDENCE.
.
I SHALL KEEP A FULL AND ACCURATE RECORD OF ALL ACTIONS, RECEIPTS
AND DISBURSEMENTS ON BEHALF OF THE PRINCIPAL.
~~ULBAllLEY
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(Date)
COMMONWEALTH OF PENNSYLVANIA
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ss
...
COUNTY OF CUMBERLAND
On this the ~3 day of ~ 0 l ~ ,2001, before me, the undersigned officer, personally
appeared PAUL BAILLEY, known to me to be the person whose name is subscribed to the within
instrument, and acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Page 4 of 5
ACKNOWLEDGMENT EXECUTED BY AGENT
AN AGENT SHALL HAVE NO AUTHORITY TO ACT AS AGENT UNDER THE
POWER OF ATTORNEY UNLESS THE AGENT HAS FIRST EXECUTED AND AFFIXED
TO THE POWER OF ATTORNEY AN ACKNOWLEDGMENT IN SUBST ANTIALL Y THE
FOLLOWING FORM:
I, DORA LEE BAILLEY, HAVE READ THE ATTACHED POWER OF ATTORNEY AND
AM THE PERSON IDENTIFIED AS THE AGENT FOR THE PRINCIPAL I HEREBY
ACKNOWLEDGE THAT IN THE ABSENCE OF A SPECIFIC PROVISION TO THE
CONTRARY IN THE POWER OF ATTORNEY OR IN 20 PA.C.S. WHEN I ACI' AS AGENT:
I SHALL EXERCISE THE POWERS FOR THE BENEFIT OF THE PRINCIPAL.
I SHALL KEEP THE ASSETS OF THE PRINCIPAL SEPARATE FROM MY ASSETS.
I SHALL EXERCISE REASONABLE CAUTION AND PRUDENCE.
. I SHALL KEEP A FULL AND ACCURATE RECORD OF ALL ACTIONS, RECEIPTS
AND DISBURSEMENTS ON BEHALF OF THE PRINCIPAL.
fJ ~~~
@./ltt DORA E BAILLEY
I}-- ;L3'- tJl
Date
COMMONWEALTH OF PENNSYLVANIA .
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ss
COUNTY OF CUMBERLAND
On this the ~ day of 1. iJ 11 . ,2001, before me, the undersigned officer, personally
appeared DORA LEE BAILLEY, known to me to be the person whose name is subscribed to the
within instrument, and acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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(SEAL)
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Westmoreland \.,oun ,
My commission Explr~~06
1 st Monday In January
...
Page 5 of 5
C~;<J7 .
LAST WILL AND TESTAMENT OF
JOSEPH MEYERHOFER
I, JOSEPH MEYERHOFER, widower, of South Middleton Township, Cumberland
COl;lnty, (mailing address: 54 Greenfield Drive, Carlisle, Pennsylvania 17013) being of sound and
disposing mind, memory and understanding, do hereby make, publish and declare this as and for
my Last Will and Testament hereby revoking and making void any and all Wills by me at any time
heretofore made.
1. I direct my hereinafter named Executor or Executrices to.pay all of my just debts and
funeral expenses as soon after my death as may be found convenient to do so. I further direct that
all inheritance, transfer, succession, estate and death taxes, including interest and penalties thereon
which may be payable on account of my death shall be payable from the residue of my estat~
regardless of whether the assets upon which such taxes are based are included in my probate estate.
I also direct my hereinafter named Executor or Executricestb make an-angements for the cremation
of my body according to the arrangements I have made with the Cremation Society of
Pennsylvania. .
2. I declare that I am an unmarried man widower and that I have no living children or other
lineal descendents.
3. I give and bequeath the following:
a) The sum of $5,000.00 to the Brethren in Christ Church, Carlisle, Pennsylvania
b) The sum of $5,000.00 to Boulevard Baptist Church, Anderson, South Carolina.
c) The sum of $5,000.00 to Bethel Baptist Church, Bradenton, Florida.
4. All the rest, residue, and remainder of my estate real, personal, and mixed and
wheresoever the same may be situate I give, devise and bequeath in equal shares to my brother-in-
law, Paul Bailley, and my sister-in-law Josephine Meyerhofer. In the event that Paul Bailley should
predecease me or fail to survive me by a period of ninety (90) days, the share he would otherwise
have received shall pass to his wife, Dora Lee Bailley, but should she also predecease me or fail to
survive me by the aforesaid period of ninety (90) days, said share shall pass to her issue, per
stirpes. Should Josephine Meyerhofer predecease me or fail to survive me by a period of ninety
(90) days, said share shall pass to her son, Lawr~nce Meyerhofer, Jr., but should he also predecease
me or fail to survive me by the aforesaid period of ninety (90) days, said share shall pass to his
children per stirpes. It is my purpose in making these bequests to remember my family and the
family of my wife and it is my hope that the legatees will share these bequests generously with their
families. - . '_
5. I hereby nominate, constitute and appoint my brother-in-law, Paul Bailley, and my sister-
in-law, Josephine Meyerhofer or either of them as Executors of this my Last Will and Testament,
but should both of them predecease me or fail to qualify or cease serving as such, then in such event
I nominate, constitute and appoint my nephew, Lawrence Meyerhofer, Jr., as Executor, and I further
direct that none of them shall be required to post any bond to secure the faithful performance of his
or her duties in the Commonwealth of Pennsylvania or in any other jurisdiction.
6. In addition to the powers conferred by law, my hereinbefore named Trustees and
Executors and their respective successors, are empowered:
a. To invest any part of the trust corpus in such securities, investments, or other
property as may be deemed advisable and proper, irrespective of whether the same are authorized
for the investment of trust funds under the laws of any governing jurisdiction.
....
b. With respect to any corporation, the stocks, bonds, or other securities of which
may be held, to vote in person or by proxy on any shares of stock; to consent to the merger,
consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale
of the property of any such corporations; to make any sun-ender, exchange or substitution of such
stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of
such corporations; to pay all assessments,. subscripti~ns and other sums of ~oney ~hich may be
deemed wise and expedient for the protectIOn and mamtenance of the proportIOnate mterest of the
investment in such corporations; to exercise any option or privilege which may be conferred upon
the holders of such stocks, bonds, or other securities of such corporations either for the conversion
of the same into other securities or for the purchase of additional securities, and to make any and all
necessary payments which may be required in co~~ection therewith; an~ g~~erally to have a~4
exercise as to all such stocks, bonds and other secunttes, the powers of an mdividual owner who is
not under bust obligation.
c. To hold the trust corpus in one or more consolidated funds in which separate
shares shall have undivided interests.
RESPONDENT'S
EXHIBIT
).. ~hllo6
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~
. d. To sell at public or private sale for cash or upon credit, or partly for cash and
partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of
the estate, and no purchaser at any such sale shall be bound to inquire into the expediency or
propriety of any such sale or to see to the application of the purchase moneys arising therefrom.
. e. To keep on hand and uninvested such money as may be deemed proper and for
such period as may be found expedient.
f.
trust estate.
To compromise, settle or arbitrate any claim or demand in favor of or against the
g. And authorized in the discharge of fiduciary duties, to employ counsel and to
determine and to pay such counsel reasonable compensation which shall be charged against the
principal or income of the trust fund, and shall further be entitled to charge against the principal or
income such other reasonable expenses and charges as may be necessary and proper to incur for
the proper discharge of fiduciary duties and for the proper management and administration of the
trust estate.
h. In making any division of property into shares for the purpose of any distribution
thereof directed by the provisions of the trust, to make such division or distribution, either in cash or
in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any
division or distribution in kind may allot any specific security or property or any undivided interest
therein to anyone or more of such shares, and to that end may appraise any or all of the property so
to be allotted and the judgment as to the propriety of such allotment and as to the relative value for
purposes of distribution of the securities or property so allotted shall be final and conclusive upon
all persons interested in the trust or in the division or distribution thereof.
i. And authorized to register any shares of stock or other assets of any trust in their
own names or in the name of a nominee.
J. To retain and invest in shares of stock of my Trustee.
k. To retain any investments including mutual funds which I may own at the time of
my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds
as may be deemed advisable or proper, irrespective of whether the same are authorized for the
investment of trust funds under the laws of any governing jurisdiction.
1. To determine from time to time whether all or some portion of realized capital
gains shall be treated as ordinary income for dis~ri~u~ion to a beneficiary o.r treated as principal to
be retained as part of the corpus, and such desIgnatlon need not be conSIstent from one year to
another.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and
Testament written on one (2) pages, this 20th day of July, 2001.
d:tt.~
(SEAL)
Signed, sealed, published, and declared by Joseph Meyerhofer, the Testator above named, as
and for his Last Will and Testament, in our presence, who, in his presence, at his request, and in the
presence of each other, have hereunto subscribed our n es as attestin~esses.
"\ ~
.~
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IN RE: JOSEPH MEYERHOFER, AN
ALLEGED INCAP ACIT A TED PERSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-96-0624
ALLEGED INCAP ACIT A TED PERSON
CONSENT AND STATEMENT OF PROPOSED GUARDIAN
COMMONWEAL TH OF PENNSYLVANIA
: ss
COUNTY OF CUMBERLAND
The undersigned, being duly sworn according to law, deposes and says that he is willing to serve
as plenary and permanent guardian ofthe estate and of the person of Joseph Meyerhofer, that he is the
nephew ofthe alleged incapacitated person, that he holds no interest adverse to the alleged incapacitated
person, and that he only has an interest in the estate as a potential testate or intestate heir of the alleged
incapacitated person.
The undersigned further deposes and says that he is a citizen fo the United States of America, and
is able to speak, read and write the English language; and that he is not the Fiduciary or an officer or
employee of a corporate Fiduciary of an estate in which the alleged incapacitated person has an interest
nor the surety or an officer of an employee of the corporate surety of such a Fiduciary.
':~
).iZ~'" ~
, Lawrence Meye.y6fe , .
Sworn to and subscribed
before me this II /1; day of August, 2006.
--l l(~ "u) <-lie (
Notary~bliC
~ "-
, ) -
\ Jt.-t.C0
RESPONDENT'S
EXHIBIT
'3
<bl Hl D-0
COMMONWEi\LlH m PENNSYLVANIA
Notarial Seal
Mary M. Price, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Aug. 18. 2007
Member. Pennsylvanla~ssoclatlon ot Notaries
RESPONDENT'S
EXHIBIT
STATE OF NEW JERSEY
)
): ss.
)
.
COUNTY OF
On this, the ~day of August, 2006, before me, the undersigned officer, personally
appeared ~~ W}.>...JQ).....{ . .
\ \ known to me (or satIsfactonly proven)
to be the person whose name is subscribed to the within instrument and acknowled d th t h d
, ge a s e execute
the same for the purposes therein contained.
DENISE BATcHLm
Notary PutllIc
State of New ......,
My CommIssiOn E",*-Apr 25. 2008
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IN WITNESS WHEREOF, I hereunto set my hand and official seal.
UXL~~h~L)
Notary Public