HomeMy WebLinkAbout08-02-06
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
APPOINTMENT OF A GUARDIAN
OF THE ESTATE AND PERSON OF
ALTHEA FALEY, A/K/A
ALTHEA J. FALEY
an alleged incapacitated person
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PETITION FOR APPOINTMENT OF A GUARDIAN OF THE ESY4TE C')
AND THE PERSON IN ACCORDANCE WITH 20 PA CSA SEC. 5511 0,) C:
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TO THE HONORABLE JUDGES OF SAID COURT:
1 . Two of your Petitioners are THOMAS E. FALEY, Jr., and JOSEPH J.
FALEY who are all of the children of Althea Faley a/k/a Althea J.
Faley, the alleged incapacitated person. Thomas E. Faley, Jr.
resides at 6 Red Oak Dr., Boiling Springs, PA 17007; Joseph J.
Faley resides at 18548 Sandpiper PI., Leesburg, VA 20176.
2. Your third Petitioner is Richard C. Rupp, Esq. who is the Attorney
for and Power of Attorney of Althea Faley a/k/a Althea J. Faley,
the alleged incapacitated person. Your Petitioner, Richard C.
Rupp, Esq. has offices at 355,..... 2151 St., Ste. 201, Camp Hill, PA
17011.
3. There have been no previous Petitions for appointment of a
Guardian of the Person or Guardian of the Estate for Althea
Faley.
4. The alleged incapacitated person is 90 years of age. She was
born on June 13, 1916.
5. The alleged incapacitated person is currently residing at Bethany
Village, in the Maplewood Assisted Living Section, 325 Wesley
Drive Mechanicsburg, Cumberland County, Pennsylvania 17055.
She had a prior address at 522 Colony Drive, Camp Hill, PA
17011.
6. The following persons are the alleged incapacitated person's
only living next of kin:
A. Thomas E. Faley, Jr., an adult individual, a son, whose
address is, 6 Red Oak Drive Boiling Springs, PA 17007.
B. Joseph J. Faley, an adult individual, a son, whose address
is, 18548 Sandpiper PI. Leesburg, VA 20176.
C. There was another son, James, who is deceased.
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7. In addition to the above two sons who are the alleged
incapacitated person's next of kin currently living, there are
relatives, grandchildren, a niece, and a sister.
8. The assets of the alleged incapacitated person are invested and
worth approximately $1,100.000.00.
9. The alleged incapacitated person's monthly income with social
security is approximately $5,000.00 before taxes or capital gain.
10. The alleged incapacitated p,erson is suHering from the
consequences and symptoms of dementia / Alzheimers which has
been diagnosed as dementia by the Bethany Village physician
Dr. James R. Harty which condition disables her mentally from
functioning in a cognitive way.
11. The alleged incapacitated person cannot make intelligent
decisions and lacks the ability to fully understand the
consequences of her actions or decisions.
12. The alleged incapacitated person is also suHering from extreme
hearing loss and short term .....emory loss.
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13. Furthermore, the alleged incapacitated person suHers from
paranoia from her dementia / Alzheimers condition. For all of
these conditions she is likely to be the victim of designing or
scheming persons.
14. Your Petitioners fear that anything she signs might cause her to
lose her rights or property including everything she owns.
15. Your Petitioners believe the alleged incapacitated person could
be taken advantage of to her detriment.
16. The proposed Guardian of the Estate and Person of the alleged
incapacitated person is one of your Petitioners, Richard C. Rupp,
who is the current Power of Attorney of the alleged incapacitated
person. The Power of Attorney appoints Petitioner Richard C.
Rupp as the alleged incapacitated person's agent and Guardian.
17. Attached hereto is a copy of the Power of Attorney and Last Will
for the alleged incapacitated person. The Will leaves basically
everything to her sons. They are attached hereto, marked exhibit
"A" and "B", and incorporated herein by reference.
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18. Your Petitioner Richard C. Rupp, Esq. has no personal adverse
interest to the alleged incapacitated person.
19. Your Petitioner, Richard C. Rupp, with the other Petitioners, who
assisted him in securing medical and health care for the alleged
incapacitated person.
20. Your Petitioner Richard C. Rupp will continue to cooperate with
the other Petitioners to provide the full and proper measures for
the care and needs and protection of Althea Faley, the alleged
incapacitated person.
21. According to the Bethany Village staH, and, Holy Spirit Hospital
discharge report describes the dementia / Alzheimers condition
of Althea Faley a/k/a Althea J. Faley, the alleged incapacitated
person.
22. By reason of the current diagnosis and prognosis as a condition
of dementia, it is likely she will suHer a permanent and
worsening condition.
23. Petitioner Richard C. Rupp if appointed Guardian, will have to
assist her in securing the aPfropriate level of living care, which
level is currently assisted livir-g.
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24. Your Petitioner Richard C. Rupp if appointed Guardian will
continue to provide, among other things, care and protection of
Althea Faley, the alleged incapacitated person from her
following disabilities, needs or risks:
A. The alleged incapacitated person suHers disability to
her memory and her ability to process information and,
therefore, cannot assist herself in her own care and
medication;
B. The alleged incapacitated person by reason of the
dementia / Alzheimers disability, cannot take care of her
proper nutritional and hygiene needs.
C. The alleged incapacitated person by reason of her
dementia / Alzheimers disability cannot drive.
D. The alleged incapacitated person does not and cannot
recognize her own needs;
E. The alleged incapacitated person is unable to interpret her
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mail nor any other pa~ers or documents as she cannot
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process what is writte.,;
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25. The alleged incapacitated person is currently in Bethany Village
in assisted living for her necessary care and benefit.
26. Dr. Charron for Althea Faley, the alleged incapacitated person,
has written to Penndot to recommend the removal of the alleged
incapacitated person's, driving privileges. A copy of said notice
will be attached hereto as &hibit "C", and incorporated herein
by reference when obtained.
27. The Bethany Village house physician, Dr. Harty, for Althea Faley,
the alleged incapacitated person, recommends that a Guardian
be sought to take care of Althea Faley with respect to her
activities of daily living and manage her financial assets and
aHairs.
28. No Court has ever assumed liurisdiction in any proceeding to
determine the capacity of the alleged incapacitated person.
29. The consents of Thomas E. Fe-ley, Jr. and Joseph J. Faley her sons,
to appoint Richard C. Rupp, -=sq. as Guardian of the Estate and
Person of Althea Faley are alttached hereto, as Exhibit "D" and
"E", and incorporated herein by reference.
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30. The consent of Richard C. Rupp, Esq. to act as Guardian of the
Estate and the Person of Althea Faley is attached hereto, as
Exhibit "F", and incorporated herein by reference.
31. The alleged incapacitated person has no surviving parents nor
husband.
32. Failure to appoint a Guardian for the Estate and the Person of
Althea Faley, the alleged incapacitated person, will result in
irreparable harm to her person and her aHairs.
33. Your Petitioners Thomas Faley and Joseph Faley seek
Guardianship for the Estate and person of their mother, the
alleged incapacitated person, and consent to Richard C. Rupp, to
be said Guardian of her Estate and Person, in order to be able
to fully provide for her care, protection, and needs.
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WHEREFORE, your Petitioners respectfully request this Honorable Court
to award a citation directed to Althea Faley, the alleged incapacitated
person, to show cause why Althea Faley should not be iudged an
incapacitated person and your Petitioner Richard C. Rupp appointed as
Guardian of her Estate and Person.
Respectfully Submitted,
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By:
Rich rd C. Rupp, Esq.
Sup. ourt I.D. No. 3483
355 N. 21 st St., Suite 201
Camp Hill, PA 17011
(717) 761-3459
Attorneys for Petitioners
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, .
E X H I BIT II A II
LAST WILL AND TESTAMENT
OF
----- - - - - - - ---.- -- -~-~-----'-~----~-- -- - ------- ----------------
ALTHEA ELIZABETH (JONES) FALEY
I, ALTHEA ELIZABETH (JONES) FALEY, of 522 Colony Road, Camp Hill,
Pennsylvania, being of sound and disposing mind and memory, do hereby
make, publish and declare this for and as my Last Will and Testament
hereby revoking any and all Wills or Codicils by me at any time heretofore
made.
FIRST: I am a widow and have two living sons, THOMAS E. FALEY,
JR., and JOSEPH J. FALEY. My third son, JAMES P. FALEY, SR., is deceased.
SECOND: I give and bequeath to my granddaughter, KATHERINE S.
WECH, the sum of Ten Thousand ($10,000.00) Dollars.
THIRD: I give, devise and bequeath all the rest, residue and
remainder of my Estate, real, personal and mixed, of whatever nature and
wheresoever situate, to my two sons, THOMAS E. FALEY, JR., and JOSEPH J.
FALEY, in equal shares, per stirpes.
Initials ~
FOURTH: In the event that one or both of my sons named in
Paragraph THIRD, above, THOMAS and JOSEPH, but not JAMES, predecease
me, then I give, devise and bequeath such share of my estate provided
above in Paragraph THIRD to my deceased son's children - KATHERINE
uWEC-H,-MAR-V-FAIoEV-ond-REBEEGA--HGDNE-for-1HGMA-5,- and TVL-ER-F-A-tEY;---
KELSI FALEY for JOSEPH - and no others, my grandchildren whom I desire to
benefit, to my Trustee, IN TRUST, for the benefit of my above-named
grandchildren, to be administered in accordance with the following trust
provisions:
a. To pay to or apply for the benefit of each respective
grandchild all or such parts of the net income of each
respective trust, in convenient installments as my Trustee in
its sole discretion shall determine primarily for the
education, medical care, support and maintenance and
reasonable comfort of each respective grandchild.
b. To pay to or apply for the benefit of each respective
grandchild such sums from the principal of each respective
Trust as my Trustee in its sole discretion shall determine to
be necessary and advisable from time to time for the
education, medical care, support and maintenance in
reasonable comfort of each respective grandchild.
c. To pay to each respective grandchild from each respective
grandchild's own Trust, the net annual income in each
calendar year after ea~h attains the age of twenty-two (22)
years upon the written! request of each to the Trustee for
the same, in addition t~ the above.
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d. At such time as each respective grandchild attains the age
of twenty-two (22) years, one-third ( 1/3) of the then
remaining balance of principal of each respective Trust
and any accumulated income of each respective Trust shall
u ______u - -- -- _u --- -ube-pa-iEl---to--eElEh-respective--grandchi-lch-------______u_ __un____ _____ _ _ _ _ _ __
e. At such time as each respective grandchild attains the age
of twenty-five (25) years, one-half (1f2) of the then
remaining balance of principal of each respective Trust
and any accumulated income of each respective Trust shall
be paid to each respective grandchild.
f. At such time as each respective grandchild attains the age
of twenty-eight (28) years, the balance of the principal of
each respective Trust and any accumulated income of each
respective Trust shall be paid to each respective grandchild
and each such respective Trust shall terminate.
FIFTH: Anything in this Will to the contrary notwithstanding, no
trust created herein shall continue beyond twenty-one (21) years after the
deaths of the last to die of my issue (children or grandchildren) living at the
time of my death.
SIXTH: If any beneficiary and I should die under such
circumstances as would render it doubtful whether the beneficiary or I died
first, then it shall be conclusively presumed for the purposes of this my Will
that said beneficiary predeceased me.
INITIALS ~
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SEVENTH:
(1 )
I give to my Executor and to my Trustee named in this Will or any
Codicil hereto or to any substitute Executor or Trustee all of the
- - - - -p-owers -lTow--appttcabl-e-by-taw to Ii d udari-esirrtfTe m__________ -- - - - - -
Commonwealth of Pennsylvania and in particular, through the
Pennsylvania Probate, Estates and Fiduciaries Code, as effective
and as in effect on the date hereof, during the administration
and until the completion of the distribution of my estate, and
until the termination of all trusts created in this Will or any
Codicil hereto and until the completion of the distribution of the
assets of such trusts.
(2) My Executor shall have absolute discretion, but shall not be
required, to make adiustments in the rights of any beneficiaries,
or among the principal and income accounts to compensate for
the consequences of any tax decision or election, or of any
investment or administrative decision, that my Executor believes
has had the effect, directly or indirectly, of preferring one
beneficiary or group of beneficiaries over others. In determining
the federal estate and income tax liabilities of my estate, my
Executor shall have discretion to select the valuation date and to
determine whether any or all of the allowable administration
expenses in my estate shall be used as federal income tax
deductions.
Initials ~
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(3) If at any time any trust created hereunder shall be of such value
that, in the opinion of my Trustee, the administration expense of
holding the assets contained therein in trust is not iustified, my
Trustee, in its absolute discretion, may terminate such trust and
-- ~ ~ ~ - - - - -distr-ibute-ffle-tr-vst- -pr-operty-to -the-person-or-persons-then--- _ _ _ _ _ _ u _ _ _ _ _ _ _ _ _
entitled to receive or have the benefit of the income therefrom or
the legal representative of such person. If there is more than
one income beneficiary, my Trustee shall make such distribution
to such income beneficiaries in the proportion in which they are
beneficiaries or if no proportion is designated in equal shares to
such beneficiaries.
(4) If there be any property located outside the Commonwealth of
Pennsylvania, in which I may have an interest at the time of my
death, which cannot be conveniently administered as provided
herein, then I authorize, but do not require, my Executor to
appoint a bank or trust company with trust powers, to administer
such property according to the terms of this Will.
(5) My Executor and Trustee are authorized and empowered to
retain, either permanently or for such period of time as my
Executrix-Executor or Trustee may determine, any assets,
including the capital stock of any closely held corporation, which
at any time shall come into the possession of my Executrix-
Executor, or my Trustee as a part of any Trust created herein,
whether such assets are or are not of the character approved or
authorized by law for invest~ent by fiduciaries and whether such
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assets do or do not represen~ an over-concentration in one
investment. ' Initials ~
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EIGHTH: All estate, inheritancte, succession and other death taxes
imposed or payable by reason of my death and interest and penalties
thereon with respect to all property comprising my gross estate for death tax
purposes, whether or not such property passes under this Will, shall be paid
. . -out-of- the- res1due- of-my -estate-, as- if-such .t~xes were-expenses-of-
administration, without apportionment or right of reimbursement.
authorize my Executor and Trustee to pay all such taxes at such time or times
as deemed advisable.
NINTH: If any beneficiary under this Will in any manner, directly or
indirectly, contests or attacks this Will or any of its provisions, any share or
interest in my Estate or in the Estate of any Trust established by this Will
given to that contesting beneficiary under this Will is revoked and shall be
disposed of in the same manner provided herein as if that contesting
beneficiary had predeceased me without issue.
TENTH: No interest, whether in income or principal, of any
beneficiary under this Will, any Codicil hereto, or any Trust created herein
shall be subiect to anticipation, pledge, assignment, sale or transfer in any
manner, nor shall any such beneficiary have any power in any manner to
charge or encumber his interest, whether in income or principal, nor shall
the interest whether in income or principal of any such beneficiary be liable
or subiect in any manner while in the possession of my Executor or Trustee
for any liabilities of such beneficiary, whether such liabilities arise from his
debts, contracts, torts, or engagements of any type or from his death.
Initials ~
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ELEVENTH: Any Executor and a~y Trustee named in this Will or
any Codicil hereto, or any substitute E~ecutor or Trustee, shall have all of the
powers now applicable by law to fiduciaries in the Commonwealth of
Pennsylvania, and in particular, to the Pennsylvania Probate, Estates and
. . - Fiduc-ia-ries-Code,-as-eff-ec-tive- and as- ineffec-t--on-tne-cfate-hereof-during-the- _ _ _ _ _ .
administration and until the completion of the distribution of my Estate, and
until the termination of all Trusts created in this Will or any Codicil hereto,
and until the completion of the distribution of the assets of such Trusts,
including but not limited to the following:
a. To invest in any funds of my Estate or Trusts in any stock,
bonds, notes, or other securities or property, real or
personal, notwithstanding that such investments may not
be of a character allowed to fiduciaries by statute or
general rule of law.
b. To sell or otherwise dispose of any property, real or
personal, at any time forming a part of my Estate or Trusts,
for cash or upon credit, in such manner and upon such
terms and conditions as they may deem best, and no
person dealing with them shall be bound to see to the
application of any funds paid.
c. To manage, operate, repair, improve, mortgage or lease
for any term any real estate at any time held or owned by
my Estate or Trust.
Initials ~
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- - - - - - - -- - - - - - - - - - - - - - - - - - - - - e; - -
TWELFTH:
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d.
To borrow money fo~ the payment of taxes or for any other
proper purposes in t~e administration of my Estate or
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Trust.
- - -To -distribute-in- -cash -or in-kind -up on- any- division-oT --
distribution of my Estate or Trust.
f.
In general, to exercise all powers in the management of
my Estate or Trust which any individual could exercise in
the management of similar property owned in his own
right upon such terms and conditions as to them may seem
best, and to execute and deliver all instruments and to do
all acts which they may deem necessary or proper to carry
out the purposes of this Will or Trust.
A. I name as my Executor, RICHARD C. RUPP.
B. I name as my Trustee, RICHARD C. RUPP.
C. I direct that my Executor and Trustee serve without bond in
any iurisdiction in whi,ch called upon to act.
Initials ~
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D. In the event that RIC ARD C. RUPP predeceases or is
unable to serve as y Executor or Trustee, then I appoint
HERBERT G. RUPP, J ., to be my successor-Executor and
successor- Trustee. I the event that HERBERT G. RUPP, JR.,
predel:e-ases- me- 'oris- un-ab~e- to .serve-as-my-su<<essor-.. . . . . . . .. .
Executor and/or Trustee, then I appoint my son, THOMAS,
to be my successor-Executor and successor-Trustee.
E. The situs of all Trusts created herein shall by Cumberland
County, Pennsylvania,.
THIRTEENTH: The term "educeltion" includes both college and post-
grQduate study at any accredited institution of the beneficiary's choice as well
as trade schools, vocational schools, technical schools, etc., for any period of
time that in the iudgment of the Trustee is advantageous to the beneficiary;
the Trustee shall provide adequate amounts for all related living and travel
expenses of the beneficiary within reasonable limits.
FOURTEENTH: No beneficiary or remainderman of the trust shall
have any right or power, except as otherwise specified, to sell, transfer,
assign, pledge, mortgage, alienate or hypothecate his or her interest in the
principal or income of the trust estate in any manner whatsoever. To the
fullest extent of the law, the interest of each and every beneficiary and
remainderman shall not be subiect to t~e claims for any of his or her
creditors or liable to attachment" execut~on, bankruptcy proceedings, or any
other legal process. The trustee shall pay, disburse, and distribute principal
and income of the trust estate only in th manner provided for in this Will
Initials ~
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and not on any attempted transfer or lassignment, whether oral or written,
of any beneficiary or remainderman, ~or by operation of law.
FIFTEENTH: It is my desire and intention to make a declaration I
- -- -- -- - -- --thot-iHhave-not-provided-any gift-tuanylJther ...e'ative inrtiis, myTCisl- WiW -- - -/
and Testament, such omission was deliberate and purposeful on my part.
SIXTEENTH: Wherever the context requires, singular and plural,
and masculine, feminine and neuter, shall be interchangeable.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
2/ sf day of April, 2004.
to~ -
ONES~~
WITNESSES:
residing ~,,~ '-/YI
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residing at ~ 0 )(V'/;/( I A-
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E X H I BIT II B II
ALTHEA ELIZABEr,H (JONES) FALEY
GENERAL POWE,R OF ATTORNEY
NOTICE
THE PURPOSE OF TillS POWER OF ATTORNEY IS TO GIVE TIR PERSON YOU
DESIGNATE (YOUll:~AGENT") BROAD POWERS TO HANDLE YOUR. PROPERTY, WHICH
MAY INCLUDE POw bJi: TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL
PROPERTY WITHOUT ADV ANCi: ~OTICE TO YOU OR APPROVAL BY YOU.
t. '\.
TillS POWER OF ATTORNEY DOES ~0'~ TlViPOSE /~ :IlFTY ON YOUR AGENT TO
EXERCISE GRANTED POWERS, BUT WHEN POW}'-,"~S A.-:m EXERCISED, YOUR AGENT
MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS
POWER OF ATTORNEY.
YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR
LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT
THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT
ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY.
YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS.
A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR
AGENT IS NOT ACTING PROPERLY.
THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE
EXPLAINED MORE FULLY IN 20 Pa.C.S. Ch. 56.
IF THERE IS ANYTHING ABOUT TIDS 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 TillS NOTICE AND I UNDERSTAND ITS
CONTENTS.
,-Jl~Cft ["il t/Ll/-IL ~ ~
lr \ (Principal) CJ
(JLj /1/ lo!
(Date) I I
RUPP AND MEIKLE, 355 NORTH 21ST STRE T, SUITE 205, CAMP HILL, PA 17011
APPOINTME~TOF AGENT(SJ
I, ALTHEA ELIZABETH (JONES) FALEY, (the "Principal"), of Cumberland County,
Pennsylvania, do hereby appoint RICHARD C. RUPP, (hereinafter "my Agent"), my true and
lawful Agent for me and on my behalf to perform all such acts as my Agent in my Agent's
absolute discretion may deem advisable, as fully as I could do if personally present. IfRlCHARD
C. RUPP ceases to serve for any reason, I appoint my sons, THOMAS E. FALEY, JR., and
JOSEPH J. FALEY, or either of them, as my Agent in his place. In the event of the adjudication
of my incapacity, I hereby appoint my Agent to serve as guardian of my person and estate.
The following Options are effective only if checked and initialed by the Principal:
'T. 'I ~. YES~' ,-". ,
. , . c:J-.. OPTION I - If more than one individual is named as my Agent above, they
$ointl in 11 matters provided that they may delegate from time to time to one of them,
by writing signed by all of them, anyone or more of the powers granted herein.
~s NO
. 0 OPTION II - Anyone dealing with THOMAS E. FALEY, JR. Andlor
~. FA EY may rely on a written statement signed by himlthem that RICHARD C. RuPP
is at that time unable to serve.
DURABLE POWER.
Power Not Affected by Disability.
This Power of Attorney shall not be affected by my subsequent disability or incapacity.
SPECIFIC POWERS DEFINED BY STATUTE AND INCLUDED IN GENERAL POWER.
Without limiting the general powers hereby already conferred, my Agent shall have the
following specific powers which are granted pursuant to Chapter 56 of the Pennsylvania Probate,
Estates and Fiduciaries Code, as further defined therein:
1. Real Property and Tangible Personal Property.
(A)
transact ons.
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(2)
, (3)
(4)
(5)
(6)
(1)
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To acquire or dispose 0) eal property (including the Principal's residence)
or any interest therein, in[luding, but not limited to, the power to buy or sell
at public or private sale for cash or credit or partly for each; exchange,
mortgage, encumber, lease for any period of time; give or acquire options
for sales, purchases, exchanges or leases; buy at judicial sale any property
on which the Principal holds a mortgage.
To manage, repair, improve, maintain, restore, alter, build, protect or insure
real property; demolish structures or develop real estate or any interest in
real estate.
To collect rent, sale proceeds and earnings from real estate; pay, contest,
protest and compromise real estate taxes and assessments.
To release in whole or in part, assign the whole or a part of, satisfy in whole
or in part and enforce any mortgage, encumbrance, lien or other claim to
real property.
To grant easements, dedicate real estate, partition and subdivide real estate
and file plans, applications or other documents in connection therewith.
In general, to exercise all powers with respect to real property that the
Principal could if present.
(B) To engage in tangible personal property transactions.
(1) To buy, sell, lease, exchange, collect, possess and take title to tangible
personal property.
(2) To move, store, ship, restore, maintain, repair, improve, manage, preserve
and insure tangible personal property.
(3) In general, to exercise all powers with respect to tangible personal property
that the Principal could if present.
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2. Banking and General Financial Powers.
(A) To engage in stock, bond and other security transactions.
(1) To buy or sell (including short sales) at public or private sale for cash Of
credit or partly for cash all types of stocks. bonds and securities; exchange,
transfer, hypothecate, pledge or othenvise dispose of any stock, bond or
uilier security.
(2) To collect dividends, interest and other distributions.
(3) To vote in person or by proxy, with or without power of substitution, either
discretionary, general or otherwise, at any meeting.
(4) To join in any merger, reorganization, voting-trust plan or other concerted
action of security holders and make payments in connection therewith.
(5) To hold any evidence ofthe ownership of any stock, bond or other security
belonging to the Principal in the name of a nominee selected by the Agent.
(6) To deposit or arrange for the deposit of securities in a clearing corporation
as defined in Division 8 of Title 13 (relating to investment securities).
(7) To receive, hold or transfer securities in book-entry form.
(8) In general, to exercise all powers with respect to stocks, bonds and
securities that the Principal could if present.
(B) To engage in commoditvand option transactions.
(1) To buy, sell, exchange, assign, convey, settle and exercise commodities
future contracts and call and put options on stocks and stock indices traded
on a regulated options exchange and collect and receipt for all proceeds of
any such transactions.
(2) To establish or continue option accounts for the Principal with any
securities of a futures broker.
(3) In general, to exercise all owers with respect to commodity and option
transactions that the Princi al could if present.
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(C) To em!a2:e in bankin2: and financi I transactions.
(1) To sign checks, drafts, orders, notes, bills of exchange and other
instruments ("items") or otherwise make withdrawals from checking,
savings, transaction, deposit, loan or other accounts in the name of the
Principal and endorse items payable to the Principal and receive the
proceeds in cash or otherwise.
(2) To open and close such accounts in the name of the Principal, purchase and
redeem savings certificates, certificates of deposit or similar instruments in
the name of the Principal and execute and deliver receipts for any funds
withdrawn or certificates redeemed.
(3) To deposit any funds received for the Principal in accounts of the Principal.
(4) To do all acts regarding checking, savings, transaction, deposit, loan or
other accounts, savings certificates, certificates of deposit or similar
instruments, the same as the Principal could do if personally present.
(5) To sign any tax information or reporting form required by Federal, State or
local taxing authorities, including, but not limited to, any Form W-9 or
similar form.
(6) In general, to transact any business with a banking or financial institution
that the Principal could if present.
(D) To borrow money.
To borrow money and pledge or mortgage any properties that the Principal owns
as a security therefor.
(E) To enter safe deposit boxes.
To enter any safe deposit box in the name of the Principal; add to or remove the
contents of such box, open and close sa:ffe deposit boxes in the name of the Principal;
except, however, the Agent shall not deposit or keep in any safe deposit box of the
Principal any property in which the Agent las a personal interest.
(F) To en2:a2:e in insurance transactions
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(1) To purchase, continue, renew, convert or terminate any type of insurance
(including, but not limited to, life, accident, health, disability or liability
insurance) and pay premiums and collect benefits and proceeds under
insurance policies.
(2) To exercise nonforfeiture provisions under insurance policies.
(3) In general, to exercise all powers with respect to insurance that the Principal
could if present; except, however, the Agent cannot designate himself
beneficiary of a life insurance policy unless the Agent is the spouse, child,
grandchild, parent, brother or sister of the Principal.
(G) To engage in retirement plan transactions.
To contribute to, withdraw from and deposit funds in any type of retirement plan
(including, but not limited to, any tax qualified or nonqualified pension, profit sharing, stock
bonus, employee savings and retirement plan, deferred compensation plan or individual
retirement account), select and change payment options for the Principal, make roll-over
contributions from any retirement plan to other retirement plans and, in general, exercise all
powers with respect to retirement plans that the Principal could if present.
(H) To handle interests in estates and trusts.
To receive a bequest, devise, gift or other transfer of real or personal property to the
Principal in the Principal's own right or as a fiduciary for another and give full receipt and
acquittance therefor or a refunding bond therefor; approve accounts of any estate, trust,
partnership or other transaction in which the Principal may have an interest; and enter into
any compromise and release in regard thereto.
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(1) To receive government benefits.
To prepare, sign and file any claim or application for Social Security,
unemployment, military service or other government benefits; collect and receipt for all
government benefits or assistance; and, in general, exercise all powers with respect to
government benefits that the Principal could if present.
(1) To create a trust for my benefit.
(1) To execute a deed of trust, designating one or more persons (including the
Agent) as original or successor trustees and transfer to the trust any or all
property owned by the Principal as the Agent may decide, subject to the
following conditions:
(i) The income and corpus of the trust shall either be distributable to the
Principal or to the guardian of his estate, or be applied for the
Principal's benefit, and upon the Principal's death, any remaining
balance of corpus and unexpended income of the trust shall be
distributed to the deceased Principal's estate.
(ii) The deed of trust may be amended or revoked at any time and from
time to time, in whole or in part, by the Principal or the Agent,
provided that any such amendment by the Agent shall not include any
provision which could not be included in the original deed.
(K) To make additions to an existing trust for mv benefit.
At any time or times, to add any or all of the property owned by the Principal to any
trust in existence when the power was created, provided that the terms of such trust relating
to the disposition of the income and corpus during the lifetime of the Principal are the same
as those set forth in the section "Power to create a trust.". The Agent and the trust and its
beneficiaries shall be answerable as equity and justice may require to the extent that an
addition to a trust is inconsistent with prudent estate planning or financial management for
the Principal or with the known or probable intent of the Principal with respect to disposition
of his or her estate.
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(L) To disclaim any interest in propeb
To release or disclaim any interest in property on behalf of the Principal in
accordance with Chapter 62 (relating to disclaimers) or section 6103 (relating to release or
disclaimer of powers or interests), provided that any disclaimer under Chapter 62 shall be in
accordance with the provisions of section 6202 (relating to disclaimers by fiduciaries or
Agents) in the case of a Principal who shall have been adjudicated an incapacitated person
at the time of the execution of the disclaimer.
(M) To renounce fiduciary positions.
(1) To renounce any fiduciary position to which the Principal has been
appointed; and
(2) To resign any fiduciary position in which the Principal is then serving, and
either file an accounting with a court of competent jurisdiction or settle on
receipt and release or other informal method as the Agent deems advisable.
(3) The term "fiduciary" shall be deemed to include, without limitation, an
executor, administrator, trustee, guardian, agent or officer or director of a
corporation.
(N) To withdraw and receive the income or corpus of a trust.
(1) To demand, withdraw and receive the income or corpus of any trust over
which the Principal has the power to make withdrawals;
(2) To request and receive the income or corpus of any trust with respect to
which the trustee thereof has the discretionary power to make distribution to
or on behalf of the Principal; and
(3) To execute a receipt and release or similar document for the property received
under paragraphs (1.) and (2.).
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(0)
To elect to take against the will a:qd conveyances of the Principal's deceased spouse,
disclaim any interest in property which the Principal is required to disclaim as a result of
such election, retain any property which the Principal has the right to elect to retain, file
petitions pertaining to the election, including petitions to extend the time for electing and
petitions for orders, decrees and judgments in accordance with section 2211 (c) and (d)
(relating to determination of effect of election; enforcement), and take all other actions which
the Agent deems appropriate in order to effectuate the election: Provided, however, That the
election shall be made only upon the approval of the court having jurisdiction of the
Principal's estate in accordance with section 2206 (relating to right of election personal to
surviving spouse) in the case of a Principal who has been adjudicated an incapacitated
person, or upon the approval of the court having jurisdiction of the deceased spouse's estate
in the case of a Principal who has not been adjudicated an incapacitated person.
14. Claims and Litigation.
To pursue claims and litigation.
(A) To institute, prosecute, defend, abandon, arbitrate, compromise, settle or
otherwise dispose of, and appear for the Principal in, any legal proceedings
before any tribunal regarding any claim relating to the Principal or to any
property interest of the Principal.
(B) To collect and receipt for any claim or settlement proceeds; waive or release
rights of the Principal; employ and discharge attorneys and others on such
terms (including contingent fee arrangements) as the Agent deems
appropriate.
(C) In general, to exercise all powers with respect to claims and litigation that
the Principal could if present.
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4. Tax Matters.
To pursue tax matters.
(A) To prepare, sign, verify and file any tax return on behalf of the Principal, including,
but not limited to, joint returns and declarations of estimated tax; examine and copy
all the Principal's tax returns and tax records.
(B) To sign an Internal Revenue Service power of attorney form.
(C) To represent the Principal before any taxing authority; protest and litigate tax
assessments; claim, sue for and collect tax refunds; waive rights and sign all
documents required to settle, pay and determine tax liabilities; sign waivers
extending the period of time for the assessment of taxes or tax deficiencies.
(1) In general, to exercise all powers with respect to tax matters that the
.Principal could ifpresent.
5. Specific Personal and Medical Powers.
(A) To authorize my admission to a m(fdicaI. nursing. residential or similar facility and
to enter into agreements for my caI1e.
(1) To apply for the admission of the Principal to a medical, nursing, residential
or other similar facility, execute any consent or admission forms required
by such facility which are consistent with this paragraph, and enter into
agreements for the care of the Principal by such facility or elsewhere during
his or her lifetime or for such lesser period of time as the Agent may
designate, including the retention of nurses for the Principal.
(B) To authorize medical and surgical procedures.
(1) To arrange for and consent to medical, therapeutical and surgical
procedures for the Principal, including the administration of drugs.
(2) To make an anatomical gift of all or part of my body.
(3) To arrange and consent t procedures to make an anatomical gift III
accordance with Chapter 86 (relating to anatomical gifts).
9
SPECIFIC ADDITIONAL POWERS INCLUD IN GENERAL POWER.
1. Power to Delegate.
To delegate any or all of the powers granted hereunder to any person or persons whom my
Agent may select.
2. Power Regarding Investments.
To invest in any form of property as permitted in the preceding specific powers, keeping
such cash reserves as, in my Agent's discretion, are necessary or desirable to meet
conditions as they may exist from time to time. In the exercise of this power, my Agent
shall not be limited to so-called "legal investments", but may invest in any variety of real
or personal property as in my Agent's discretion may appear to be good and safe
investments, and my Agent shall not b~ liable to me for any error of judgment in the
making or continuing of any investment.
3. Power Concerning Gifts.
(A) To make limited gifts.
(1) To make limited gifts for or on behalf of the Principal, which are limited as
follows:
(i) The class of permissible donees shall consist solely of the
Principal's spouse, issue and a spouse of the Principal's issue,
including the Agent if he or she is a member of any such class, or
any of them.
(ii) During each calendar year, the gifts made to any permissible donee,
shall have an aggregate value not in excess of, and shall be made in
such manner as to qualify in their entirety for the annual exclusion
from the Federal Gift Tax permitted under Section 2503 (b) of the
Internal Revenue Code of 1986 (Public Law 99-514, 26 V.S.C. "'"
1 et seq) for the Principal and, if applicable, the Principal's spouse.
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(iii) In addition to th gifts authorized by subparagraphs (i) and (ii), a
gift made pursua t to such power may be for the tuition or medical
care of any permi sible donee to the extent that the gift is excluded
from the Federal Gift Tax under Section 2503 (e) of the Internal
Revenue Code of 1986 as a qualified transfer.
(iv) The agent may cop-sent, pursuant to Section 2513 (a) of the Internal
Revenue Code olf 1986 to the splitting of gifts made by the
Principal's spous~ to the Principal's issue or a spouse of the
Principal's iSSU~i. any amount and to the splitting of gifts made by
the Principal's sp use to any other person in amounts not exceeding
the aggregate ual gift tax exclusion for both spouses under
Section 2503 (b) 0 the Internal Revenue Code of 1986.
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DURATION OF POWER. RELIEF FROM L~ILITY. REVOCATION.
4. This power shall not expire by reason of! pse of time.
5. I hereby ratifY and confirm all that m Agent shall do or cause to be done under
thisGeneral Power of Attorney. I specifi ally direct that my Agent shall not be subject to
any liability by reason of any of my Age's decisions, acts or failures to act, all of which
shall be conclusive and binding upon me, my personal representatives, heirs and assigns.
Furthermore, except in the case of malfe ance of office, I agree to indemnifY my Agent,
and hold my Agent harmless, from all c aims that may be made against my Agent as a
result of my Agent's services hereunder nd I hereby agree to reimburse my Agent in the
amount of any damages, costs and expen es that may be incurred as a result of any such
claim.
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6.
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This Power of Attorney shall be ,evok I d by my giving to my Agent written notification
of the revocation, which notice shall no: be considered binding unless actually received.
I am signing today dit<.l originals of this Power of Attorney, of which this is
No. -I- of~.
IN WITNESS WHEREOF, and intending to be legally bound, I have hereunto set my
hand and seal this ~ l-ty ~;(.. .2004.
~ 111.{(,,-'N!~~1i ~~E. AL)
~ TALTHEA E A t!jNES) F ..-___.
residing at 1)"0\\-,"\7'\0 S~\~~.J ~ \ 'tb'(
residing at
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COMMONWEALTH OF PENNSYL VA
SS.
COUNTY OF ;;J: I ~
~T /J h .
On this, the cJl day of 1/1" , , 2004, before me, a Notary Public,
the undersigned officer, personally appeared ALTHEA ELIZABETH (JONES) FALEY, known
to me (or satisfactorily proven) to be the person whose name is subscribed to the within Power of
Attorney and acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
(SEAL)
1~;;;IT~Ti\~,}~~:!"~~-_'- -", ,"
C<::... ,jJ r,..~ 1.:;'.\':. I ."In It "'~J"~"I'''' ( 'Y Jr.',!,
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ACKNOWLEDGMENT OF $SPONSIBILITIES BY AGENT
I, RICHARD C. RUPP, HAVE READ THE FOREGOING 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 ORIN CHAPTER 56 OF THEPENNSYL V ANIA PROBATE ESTATES AND FIDUCIARY
CODE (20 Pa.C.S. Ch. 56), WHEN I ACT AS AGENT:
I SHALL EXERCISE THE POWERS FOR THE BENEFIT OF THE PRINCIPAL.
I SHALL KEEP THE ASSETS OF THE PRINCIPAL SEPARATE FROM MY ASSETS.
I SHALL EXERCISE REASONABLE CAUTION AND PRUDENCE.
I SHALL KEEP A FULL AND ACCURATE RECORD OF ALL ACTIONS, RECEIPTS
AND DISBURSEMENTS ON BEHALF OF THE PRIN
DATE:
COUNTY OF
SS.
On ther:2/lday of ~ ,2004, before me, a Notary Public,
personally appeared RICHARD C. RUPP d in due form of law acknowledged the foregoing
Acknowledgment Of Responsibilities By Agent to be his act and deed and desired that the same
might be recorded as such.
WITNESS my hand and notarial se~ / 4/
. Notary Public
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E X H I BIT II C II
E X H I BIT II D II
PETITIONER'S CONSENT
I, Thomas E. Faley, Jr., consent to the Guardianship for the Estate and the
Person of Althea Faley, my mother, the alleged incapacitated person.
I, Thomas E. Faley, Jr., consent to Richard C. Rupp, Esq. as the Guardian for the
Estate and the Person of Althea Faley, my mother, th alleged incapacitate per on.
Date:
\ q-cS\J~'i D~
. ' "
E X H I BIT II E II
I . "
PETITIONER'S CONSENT
I, Joseph J. Faley, consent to the Guardianship for the Estate and the
Person of Althea Faley, my mother, the alleged incapacitated person.
I, Joseph J. Faley, consent to Richard C. Rupp, Esq. as the Guardian for the
Estate and the Person of Althea Faley, my mother, the alleged incapacitated person.
Date:
II
20cJ6
, ' . .
. J . (
E X H I BIT II F II
." . I
PETITIONER'S CONSENT
I, Richard C. Rupp, Esq., Attorney and Power of Attorney for Althea
Faley consent to the Guardianship for tt-e Estate and the Person of Althea
Faley, the alleged incapacitated perso~.
Date:
() -:r r 2s:- cJ~
.. .. I
VERIFICATION
I, Richard C. Rupp, Esq., verify thQt the facts set forth in the foregoing
Petition are true and correct to the best of my knowledge, information and
belief.
The undersigned understands that false statements herein are made
subiect to the penalties of 18 Pa. C.S.A 4904 relating to unsworn falsification
to authorities.
Date:
CJ71:- ;.-.5 ,- tJ r,
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