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Home My WebLink About06-4754 o. BRYAN THOMAS, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. tJp-ct764 CIVIL TERM JOSHUA C. BENNER, Individually and in his capacity as Administrator of the EST ATE : OF WILLIE C. BENNER, DECEASED, DEFENDANT PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons on the above named Defendant at the following address: Joshua C. Benner, Individually and in his capacity as Administrator of the Estate of Willie C. Benner, Deceased 226 E. Glenn Road Hershey, PA 17033 ~, , ~a 't\\Ki 'ZCdc Date RO ERT p, KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Plaintiff WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. o bA"PU, Prothonotary K~{J dly'{'iJ /' Date: ~- Ir-()~ ~..., e uty ~~~ -.. ' ~~ ~ ~ .-J d' '"6' ~ , \ ~ o ~ S' --00'\ n....,.-r i~~~; ~(:- ;ZC ,,-0(- Y'c, Z :2 ~ ~ ~ G> - OJ ~ -P. (0) Q., ~:!! -or;a 131 ::..\~? :r: "'n %fl, ~ ~ - c..:> SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04754 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF' CUMBERLAND THOMAS BRYAN VS BENNER JOSHUA C ETC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BENNER JOSHUA C but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On September 12th , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge DEP DAUPHIN CO 18.00 9.00 10.00 43.25 .00 80.25/ ~ 09/12/2006 C; 27fol., ROBERT PETER KLINE County Sworn and subscribe to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04754 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THOMAS BRYAN VS BENNER JOSHUA C ETC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BENNER JOSHUA C AS ADMIN OF ESTATE OF WILLIE C BENNER but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On September 12th , 2006 , this office was in receipt of the attached return from DAUPHIN County Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00/ ~ 09/12/2006 ROBERT PETER KLINE Sworn and subscribe to before me this day of A.D. @{Hce of tq.e ~4.eriff William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Mary Jane Snyder Real Estate Deputy MichaelW.BUnehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania THOMAS BRYAN vs County of Dauphin BENNER JOSHUA C Sheriff's Return No. 1447-T - -2006 OTHER COUNTY NO. 06 4754 CIVIL AND NOW:September 6, 2006 at 3:45PM served the within SUMMONS upon BENNER JOSHUA C by personally handing to KIMBERLY REESE BENNER POA MOTHER 1 true attested copy(ies) of the original SUMMONS and making known to him/her the contents thereof at DAUPHIN COUNTY COURTHOUSE SHERIFF'S OFFIC HARRISBURG, PA 00000-0000 Sworn and subscribed to So Answers, JK/~ >efore me this 6TH day of SEPTEMBER, 2006 Sheriff of Dauphin County, Pa. ~ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1,2006 By ~~ ~V1~ Deputy Sheriff Sheriff's Costs: $43.25 PD 08/29/2006 RCPT NO 220958 NMILLER ~ffite of tqe ~4eriff William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W.~nehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania THOMAS BRYAN vs County of Dauphin BENNER JOSHUA C Sheriff's Return No. 1447-T - -2006 OTHER COUNTY NO. 06 4754 CIVIL AND NOW:September 6, 2006 at 3:45PM served the within SUMMONS upon BENNER JOSHUA C AS ADMIN OF ESTATE OF WILLIE BENNER to KIMBERLY REESE BENNER POA MOTHER by personally handing 1 true attested copy(ies) of the original SUMMONS and making known to him/her the contents thereof at DAUPHIN COUNTY COURTHOUSE SHERIFF'S OFFICE HUMMELSTOWN, PA 00000-0000 Sworn and subscribed to So Answers, JK~~ >efore me this 6TH day of SEPTEMBER, 2006 Sheriff of Dauphin County, Pa. ~~ By lIla-vLCl rll,,_Q~ Deputy Sheriff Sheriff's Costs: $43.25 PD 08/29/2006 RCPT NO 220958 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1,2006 NMILLER In The Court of Common Pleas of Cumberland County, Pennsylvania' Bryan Thanas VS. Joshua C. Benner et al SERVE: Joshua C. Benner as admin of estate of Willie C. Brenner No. 06-4754 civi 1 N August 24, ,. 2006 OW, , I, SHERIFF OF CUMBERLAl'ID COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~~ Sheriff of Cum berland County> P A Affidavit ofSernce Now , ,20_, at 0' clock M. served the within upon at by handing to a copy of the original and made kno'wn to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , 20 COSTS SERVICE ' 1v1ILEAGE AFFIDAVIT $ $ In The Court of Common Pleas of Cumberland County, Pennsylvania Bryan Thanas VS. Joshua C. Benner et al SERVE: Joshua C. Benner No. 06-47~4 r.ivi 1 N August 24, 2006 ow, , I, SHERIFF OF CUMBERLAlID COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being nlade at the request and risk of the Plaintiff. ~// , V~ ~~~~~~~~G!~~ Sheriff of Cum berland County, P A Affidavit of Senrice Now, ,20_, at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , 20 COSTS SERVICE MILEAGE AFFIDA VIT $ $ Mary Jane Snyder Real Estate Deputy @\ftt~ of t~e ~1r~~iEF William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 Ph: (717) 780-6590 fax: (717) 255-2889 www,dauphincounty.org J. R. Lotwick Sheriff ACCEPTANCE OF SERVICE I accept service of the .5 Lt. VYI VV\. 0Yl S D 0 clLvt- )"1 '-it (on behalf of ]' 0 .5 h. u A ~ ~jr1. 'f'\..JJ (C and certify that I am authorized to do so). ot,Co--;),00 ~ Date .~~/L port De endant ~ th -ized Agent ) 'I -- I 1/ I \ n,r--., I \. ~ ' P J~ ,'( V .3-3 d--,'J, ~ [:: G- e (1 '(1 I) u (-\-~, ~.J v,.. \J ' Mailing Address Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy - T -- "2.00 fa 5-1 .. , . ' DURABLE POWER OF ATTORNEY OF JOSHUA C. BENNER NOTICE THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATED (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 INCAPACITATED UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY. YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 PA. C.S. CH. 56. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU. I HAVE READ OR HAD. EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS. ~' '0 _I--~~ (~,-'( (Principal) '2 CfA fA 6? 05 (Date) I, JOSHUA C. BENNER, single man, of Dauphin County, Pennsylvania, being desirous of appointing an attorney-in-fact (hereinafter referred to as limy agent") for me and on my behalf, do hereby appoint my mother, KIMBERLY R. BENNER, as my agent with full power of substitution, for me and in my name to transact all my business and to manage all my property and affairs as I might do if personally present, including but not limited to exercising the following powers: 1. Cash Accounts. To collect and receive any money and assets to which I may be entitled; to deposit cash and checks in any of my accounts; to endorse for - 1 - , . . deposit, transfer or collection, in my name and for my account any checks payable to my order; and to draw and sign checks for me and in my name, including any accounts opened by my agent in my name at any bank or banks, savings society or elsewhere, and to receive and apply the proceeds of such checks as my agent deems best. 2. Stocks and Bonds. To take custody of my stocks, bonds and other investments of all kinds, to give orders for the sale, surrender or exchange of any such investments and to receive the proceeds therefor; to sign and deliver assignments, stock and bond powers and other documents required for any such sale, assignment, surrender' or exchange; to give orders for the purchase of stocks, bonds and other investments of any kind and to settle for same; to give instructions as to the re~ljstration thereof and the mailing of dividends and interest; to clip and deposit coupons attached to any coupon bonds, whether now owned by me or hereafter acquired; to represent me at shareholders' meetings and vote proxies on my behalf; and generally to handle and manage my investments, 3, Personal Property. To buy or sell at public or private sale for cash or credit or by any other means whatsoever; to acquire, dispose of, repair, alter or manage my tangible personal property or any interests therein. 4. Real Estate. To lease, sell, release, convey, extinguish or mortgage any interest in any real estate I may own, on such terms as my agent deems advisable, and to purchase or otherwise acquire any interest in and acquire possession of real property and to accept all deeds for such property; and to manage, repair, improve, maintain, restore, build, or develop any real property in which I now have or may later acquire an interest. 5. Safe Deposit Boxes. To have access to all safe deposit boxes now or hereafter standing in my name; and to add to and to remove all of the contents thereof; and to enter into leases for such safe deposit boxes or surrender them. 6. Insurance. To procure, change, carry or cancel insurance of such kind and in such amounts against any and all risks affecting property or persons against liability, damage or claim of any sort. 7. Benefit Plans. To apply for and receive any government, insurance and retirement benefits to which I may be entitled and to exercise any right to elect benefits or payment options; to terminate, to change beneficiaries or ownership, to assign rights, to borrow or receive cash value in return for the surrender of any or all rights I may have in life insurance policies or benefits, annuity policies, plans or benefits, mutual fund and other dividend investment plans and retirement, profit sharing and employee welfare plans and benefits. - 2 - ... , ..,. . 8. Taxes. To prepare, execute and file in my name and on my behalf any Internal Revenue Service forms numbered 1 through 10,000, including return, report, protest, application for correction of assessed valuation of real or other property or claim for refund in any connection with any tax imposed by any government and to obtain an extension of time for any of the foregoing or to execute waivers of restrictions on the assessment of deficiency on any tax, 9. Borrow. To borrow money for my account on whatever terms and conditions my agent deems advisable, including the right to borrow money on any insurance policy issued on my life for any purpose; and to pledge, assign, and deliver such policies as security without any obligation whatsoever on the part of such insurance company to determine the purpose for such loan or the application of the proceeds. 10. Employment of Others. To employ lawyers, investment counsel, accountants, custodians, physicians, dentists, nurses, therapists and other persons to render services for or to me or my estate and to pay the usual and reasonable fees and compensation of such persons for their services. 11. Renunciation of Fiduciary and Other Positions. To renounce any fiduciary position to which I have been appointed, including the custodianship of any property held for the benefit of a minor; to resign any fiduciary position in which I may be serving and either file an accounting with a court of competent jurisdiction or settle on receipt and release or other informal method as my agent deems advisable; and to renounce any position as an officer or director of any corporation, or political or governmental body. 12. Disclaimer of Interests. To release or disclaim on my behalf any interest in property. 13. Operation of Business. To continue the operation of any business belonging to me, or in which I have a substantial interest, for such time and in such manner as my agent may deem advisable, including representing me at shareholders' meetings and voting proxies; to sell or liquidate any business, or interest therein, at such and on such terms as my agent deems advisable and in my best interest; or to incorporate any business at such time and on such terms as my agent deems advisable and in best interest. 14, Claims. To institute, prosecute, defend, compromise or otherwise dispose of and to appear for me in any proceedings at law or in equity or otherwise before any tribunal for the enforcement or for the defense of any claim, either alone or in conjunction with other persons, relating to me or to any property of mine or any other persons, and to obtain, discharge and substitute counsel and authorize appearance of such counsel to be entered for me in any such action or proceeding; and to - 3 - . . compromise or arbitrate any claim in which I may be in any manner interested and for that purpose to enter into agreements or compromise or arbitrate, either through counselor otherwise carryon such compromise or arbitration and perform or enforce any award entered in arbitration. 15. Medical Procedures. To arrange for and consent to or to withhold medical, therapeutical and surgical procedures for me, including the administration of drugs. 16. Admission Into Facilities. To apply for my admission into medical, nursing, residential, rehabilitation, convalescent, or other similar facilities on my behalf, and to sign any Gonsent or admission forms required by such facilities which are consistent with this power, and to enter into agreements for my care by such facilities or elsewhere during my lifetime or for lesser periods of time as my agent may designate, including the retention of nurses for my care. 17. Gifts. To make gifts for and on my behalf to any donees (including my agent) and in such amounts as my agent may decide. 18. Compensation of Attorney-in-Fact. Except as my agent may waive same from time to time, my agent shall be compensated as such in accordance with the fee schedule of a corporate fiduciary located in my county of domicile, which fiduciary my agent may select, which schedule would be applicable if such corporate fiduciary were serving as a trustee of my assets, and my agent may negotiate and fix the compensation of any successor or successors my agent may appoint. 19. General Authority. To do all other things which my agent shall deem necessary and proper in order to carry out the foregoing powers which shall be construed as broadly as possible. 20. 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. 21. Hold Harmless. All actions of my agent shall bind me and my heirs, distributees, legal representatives, successors and assigns, and for the purpose of inducing anyone to act in accordance with the powers I have granted herein, I hereby represent, warrant and agree that if this power of attorney is terminated or amended for any reason I and my heirs, distributees, legal representatives, successors and assigns will hold such party or parties harmless from any loss suffered or liability incurred by such party or parties while acting in accordance with this power prior to that party's receipt of written notice of any termination or amendment. - 4 - , ..." 22, Pennsylvania Law Governs. Questions pertaining to the validity, construction and powers created under this instrument shall be determined in accordance with the laws of the Commonwealth of Pennsylvania. 23. Durable power. This power of attorney shall not be affected by my subsequent disability or incapacity, All acts done by my agent pursuant to this power during any period of my disability or incapacity shall have the same effect and enure to my benefit and bind me and my successors in interest as if I were competent and not disabled, I have signed this power of attorney this '~"r(,' day of J\c, ell ~ ,2005. ,--- ':';: ...-J---vt--. ( (' )~~~"-~ JOSHUA C. BENNER '-- Social Security Number: 191-70-8164 WITNESSES: IlutW,-- a . (~iAAO .9~G.tj~ ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF DAUPHIN r- an this )'1 day of ~) l-- ,2005, personally appeared before me, a Notary Public in and for the said ounty and State, the above-named JOSHUA C. BENNER, who acknowledged the foregoing Power of Attorney to be his act and deed and desires the same might be recorded as such according to law. I have signed my name and affixed my seal on the day and year aforesaid, ~ f-1/1. /~ Notary Public . - 5- COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL THOMAS H, GARLIC, Notary Public Derry Twp ,Dauphin County My Commission Expires April 14, 2007 . .' ACKNOWLEDGMENT OF AGENT I , KIMBERLY R, BENNER, 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 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 principal. (Agent) l? / ;2'1 II '0 I l (Date) - 6 - BRYAN THOMAS, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-4754 CIVIL TERM JOSHUA C. BENNER, Individually and in his capacity as Administrator of the ESTATE: OF WILLIE C. BENNER, DECEASED, DEFENDANT PRAECIPE TO THE PROTHONOTARY: Please settle, discontinue and withdraw the above-referenced case. Respectfully submitted, d -- )?--Ol DATE '~~ ~~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Plaintiff ICe; ~ '( 0:::J7- DATE r-.:> = c::::::> --.l ""T1 rTl co N N ~ ~.~ -oF.1 i.J6 "') '::::-,-1..) ~-r: -d ';;Zo ?Sl'T'l ~ ?is ~ :t:l" ::1!: C5 .. CJl