HomeMy WebLinkAbout11-14-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of Calvin D McCarthv Jr
also known as
Calvin D McCarthv Jr
Diane L Cline
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE ~' OR 'B' BELOW:)
D A. Probate and Grant of Letten Testamentary and aver that Petitioner(s) is / are the
last Will of the Decedent dated and codicil(s) dated
File Number
:2/-07 -, Ot..lj
, Deceased
Social Security Number .142-22-0400
I
Name
Relationshi
c."l~_^,
(State relevant circumstances, e.g., renunciation, death of executor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after executi
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
00 B. Grant of Letten of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; urante minoritate)
Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the followin
Administration, C.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
60 Glendale Drive
1642 Holts Road
(COMPLETE IN ALL CASES:) AttlJch additional sheets ifnecesstlry.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his / her last princ~al residence at
60 Glendale Drive Mechanicsbure PA 17050 Silver SDrine TWD I
(List street address, town/city, township, county, state, zip code)
years of age, died on 9/25/2007
at
n'
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in PAl Personal property in Pennsylvania
(Ifnot domiciled in PAl Personal property in County
Value of real estate in Pennsylvania
$
$
$
$
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the gran of Letters in the appropriate form to
the undersigned:
Typed or printed name and residenc
Form RW-02 rev. 10.13.06
Page lof2
Continuation of Petition for Probate and Grant of Letters
Calvin 0 McCarthy Jr
Decedent Name
Page 1
162-22-0400
Social Security Number
Surviving Heirs
Name
Relationship
I Residence
73 Nailor Road
M
67 Millers Gap Road
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Oath of Personal Representative
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
: SS
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of
the knowledge and belief ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petition s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
before me the I L/ fi1
x
, (!k>>
day of
Signature of Personal Representative Diane L Cline
Signature of Personal Representative
Signature of Personal Representative
File Number:
)../-07 - J OV 'I
Estate of Calvin D McCarthv Jr
Social Security Number: 162-22-0400
AND NOW, ,2007
having been presented before me, IT IS DECREED that Letters
are hereby granted to i lin
Date of Death: I
, in consideration of the foregoing
i
in the above estate
and that the instrument( s) dated
described in the Petition be admitted to probate and f1led of record as the last Will (and Codicil(s)) of De
FEES
Letters ......................'!/I... $
Short Certificate(s) 5'1>.....q $
Renunciation( s)
Automation Fee
JCP Fee
................ $
$
$
$
$
$
$
$
$
$
$
TOTAL .............................
Form RW-02 rev. /0.13.06
135.00
20.00
20.00
5.00
10.00
Attorney Signature:
Attorney Name:
Supreme Court I.D. No.: 7
Address:
PA
17109
Telephone:
190.00
Page 2 of2
Rev-346 EX (8-92) FOR REGISTER'S OFFICE USE ONLY
PA DEPARTMENT OF REVENUE County Code n~/ Fl/eO~~
ESTATE INFORMATION SHEET ~;
DECEDENT INFORMATION: Enter data as it will annear on all documents submitted to the de~artment.
Name (Last) (First) ! (Middle)
McCarthv. Calvin D Jr !
Decedent's Social Security Number Date of Death Date of Birth
162-22-0400 9/25/2007 7/3/1927
TYPE FILING: Enter check {,I\ mark to indicate the nature of the return to be med with the den: rtment.
lXI Probate Return o Joint Assets Only o Estate Tax Only o Litigation Purposes (No Other Assets)
LETTERS GRANTED: Enter check (,I) mark to indicate the nature of the proceedings at the Regi ter of Wills Office.
(Attach additional sheets if explanation is necessary.)
o Testamentary 00 Administration o No Letters o Other (please Exp ain)
ATTORNEY/CORRESPONDENT: Enter all data concerning the attorney or other individual to rel eive all tax information and
correspondence.
Name (Last) (First) (Middle) Supreme Cc urt 1.0. No.
Brown. Jan L 67993
Street Address ,
,
845 Sir Thomas Court Suite 12
City State Zip Code Telephone JI u mber
Harrisbura PA 17109 717-541-55 50
PERSONAL REPRESENTATIVE Enter all data concerning the personal representative(s) of the e t ate authorized by the
INFORMATION: Register of Wills
Executor! Administrator
Name (Last) (First) (Middle) Social Secur ty Number
Cline. Diane L 206-38-9 76
Street Address
73 Nailor Road
City State Zip Code Telephone Nu mber
Dillsbura PA 17019 717-432.... U522
Co-Executor! Administrator
Name (Last) (First) (Middle) Social Secur ty Number
;2 ~
:5
Street Address i; z Fg~
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City State Zip Code Telephone N ~ sgc
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Co-Executor! Administrator _-ii ~.
Name (Last) (First) (Middle) Social Secun ~umber ~ C/')~.
.....,
Street Address
I
City State Zip Code Telephone N mber
Prepared By Date
Jan L Brown Esauire 11/14/2007
rev. /0.13.06
H105.805 REV (01/07)
cJ) - Df - Ie Cfl./
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Certification Number
i
I
This is to certi~ that the information here given is
correctly copie from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will i be forwarded to the State Vital
Records Office or permanent filing.
Fee for this certificate, $6.00
P 13823114
Local Registrar
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PE_NT
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Calvin D. McCarthy, Jr.
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COMMONWEALTH OF PENNSYLVANIA .PEPARTM.eNT Of' HEALTK . VITAL RECORDS
CERTIFICATE OF DEATH
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60 Glendale Drive
Mechanlcaburg, PA 17050
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M. Arlene Arnold
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Calvin D. McCarthy
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Marjorie Sh ffer
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RENUNCIATION
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
J.,I- 01- 04
Estate of
r
I, MArlene McCarthv
(Print Name)
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, Deceased
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, in my ca acity/relationship as
of the above Decedent, hereby enounce the right to
wife
administer the Estate of the Decedent and respectfully request that Letters be issued to
Diane L Cline
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(Date)
(Signature)
I
(Street Address)
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of
Executed out of Register's 0 ce
Before the undersigned perso ally appeared the
party executing this renuncia on and certified
that he or she executed the r unciation for the
purp~es stated within on this 1'1- day
of oVP.rnhe__f ,
Deputy for Register of Wills
Notary Public
My Commission Expires:
(Signature and Seal of Notary or other offici I qualified to
administer oaths. Show date of expiration of otary's Connnission.)
Form RW-06 rev. 10.13.06
NOTARiAl SEAl
MUlA Il WHITE, NOTARY PUBlIC
lOWER PAXTON TWP., DAUPHIN COU
MY COMMISSION EXPIRES APRilS 20 8
; \ . j ~ ~J
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L U i)! II:? J PJvl
Np, 4555
HAllIISBURG HOSPlTAl
; " S, Front Street
HtVrisbUl'g, PA 171 01.2009
October 18, 2007
4)
PI NNACLE1EALTH
I
Attn: Attorney Mancke, Wagner & Spreha, !
As you are aware I am the primary care physician for Mrs. Arlene MCCartbJ I have been
in contact with you recently. I
Mrs. McCarthy has been under for many years. She recently lost her husba d who was
sole care taker of her. He gave her the medication she was in need of; made sure she ate
the everyday things you and I do not think about and do naturally. Mrs. Mc arthy is
unable to do this. She needs constant supervision and positive guidance. Sh suffers late
stages of Alzheimer's and she is unable to make any meaningful decisions.
If, I can be of further assistance please contact.me at 717-233-6171.
Sincerely,
1\:~f( .'fr1JJ
Dr. Richard M. Magill
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NOTICE
!~t
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE
DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR
MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF AN
PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR AP
ERSON YOU
ROPERTY, WHICH
REAL OR
ROVAL BY YOU.
THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO
EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISE , YOUR AGENT
MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCO DANCE WITH THIS
POWER OF ATTORNEY. I
I
~ I
YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHO~T 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 AU HORITY.
I
YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGEFT'S FUNDS.
A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT F NDS YOUR AGENT
IS NOT ACTING PROPERLY.
THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATT RNEY ARE
EXPLAINED MORE FULLY IN 20 PA.C.S. CH. 56. I
i
IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT ULDERSTAND, YOU
SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN ITrTO YOU.
I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I U~DERSTAND ITS
CONTENTS.
I
Date:
9-J?-~boJ
DURABLE POWER OF ATTORNEY
I, MARY A. MCCARTHY, of Mechanicsburg, Cumberlan County,
Pennsylvania, hereby appoint my son, KENNETH L. MCCAR
daughter, DIANE L. CLINE, as my co-attorneys-in-fact, hereinafter
referred to as "my co-attorneys." I intend that my co-attorneys may
act on my behalf and all third parties may rely upon their act, and
as my co-attorneys they may transact all my business for me, and in
my name and stead, manage all my property and affairs as completely
as I myself might do if personally present, including ut not limited
to, exercising the following powers:
1. Execution of Contracts. To enter into, erform,
modify, extend, cancel, compromise, enforce, or otherw'se act with
respect to any contract of any sort whatsoever - inclu ing but not
limited to contingent contracts with counsel regarding claims,
leases and mortgages - and to pay any money fer title and
possession to any real or personal property that required to
be paid or transferred by any contract or in the perfo mance of any
obligation entered into or incurred by me or on my beh If.
2. Investments. To invest in all forms of eal and
personal property, without any restriction whatsoever s to the kind
of investment, including but not limited to, United St tes Treasury
Bonds which are redeemable at par in payment of federa estate taxes.
3. Reaistration of Property. To hold prope ty
unregistered or in the name of a nominee. My co-at tor eys may also
2
I
determine and designate which of us, if not both, sha~l be regarded
as the owner of an item of real, personal, tangible, cr intangible
property, regardless of prior title or nature of property.
4. Stocks and Bonds. To take custody of ml 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 therefrom; 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 registration 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.
5. Securities. To vote in person or by pro{y at any
meeting, to join in any merger, reorganization, voting trust plan or
other concerted action of security holders, to make pavments in
connection therewith, and in general to exercise all r'ghts of a
security holder.
6. Real Property. To buy or sell at public or private
sale for cash or credit or partly for each, exchange, nortgage,
encumber, lease for any period of time, give or acquir= options for
sales, purchases, exchanges or leases, dedicate, or by any other
3
means whatsoever to acquire or convey real property 0 any interest
therein; to partition and subdivide real property; to manage real
property; to list real property for sale with a real state broker,
including entireties property; to repair, alter, erect, or tear down
any structure or part thereof; and to file such plans, applications,
or other documents in connection therewith and do such other acts as
may be requested by any government or other authority having or
purporting to have jurisdiction. The foregoing power shall apply to
my improved real estate located at 60 Glendale Drive, echanicsburg,
Cumberland County, Pennsylvania, including approximately 93+ acres.
7. Insurance. To procure, alter, extend or cancel
insurance against any and all risks affecting property and persons,
and against liability, damage or claim of any to exercise
any non-forfeiture provisions of life insurance polici s.
8. Loans. To borrow money in such amounts or such
periods and upon such terms as my co-attorneys shall d em proper and
to secure any loan by the mortgage or pledge of any pr perty, and I
specifically authorize my co-attorneys to borrow money and to pledge
property as collateral for the purpose of purchasing U ited States
Treasury Bonds which are redeemable at par in payment f federal
estate taxes.
9. Bank Accounts. To sign checks, drafts a d other
instruments or otherwise make withdrawals from any che king, savings,
transaction or other deposit account in my name, and t endorse
4
checks payable to me and receive the proceeds thereof in cash or
otherwise; to open and close checking, savings, transaction or other
deposit accounts in my name; to purchase and redeem sa ings
certificates, certificates of deposit or similar instr
name; to execute and deliver receipts for any funds
in my
hdrawn or
certificates redeemed; and to do all acts regarding
checking
account, savings account, savings certificate, certifi ate of deposit
or similar instrument which I now have or may hereafte acquire, the
same as I could do if personally present. Any financi 1 institution
may continue to rely on this power of attorney until i receives
written notice from me that this power of attorney is evoked or
actual notice of my death and shall be indemnified and held harmless
by me and my estate, personal representatives and heir against any
liability or loss, including lawyers' fees, costs of s it and claims
of third parties, which it might incur by relying on t power after
termination or revocation but before it receives such otice, or at
any time because of wrongful acts, omissions or repres of my
co-attorneys with respect to transactions covered by t is power of
attorney. My co-attorneys shall be subject to all ban rules and
regulations to which I would be subject.
10. Safe Deposit Boxes. To have access to nd control
over the contents of any safe deposit box rented by me; to rent safe
deposit boxes in my name; to close out and execute and deliver
receipts for safe deposit boxes in my name; and to do 11 acts
regarding any safe deposit box which I now have or may hereafter
5
acquire, the same as I could do if personally present; provided that
my co-attorneys shall not deposit or keep in any such afe deposit
box any property in which my co-attorneys have a perso al interest.
Any financial institution may continue to rely on this power of
attorney until it receives written notice from me that this power of
attorney is revoked or actual notice of my death and s all be
indemnified and held harmless by me and my estate, onal
representatives and heirs against any liability or los, including
lawyers fees, costs of suit and claims of third which it
might incur by relying on this power after termination or revocation
but before it receives such notice, or at any time bee use of
wrongful acts, omissions or representations of my co-a torneys with
respect to transactions covered by this power of attor ey. My co-
attorneys shall be subject to all bank rules and regul tions to which
I would be subject.
11. Receipts and Approval of Claims. To rec
of any kind, including a bequest, devise, gift or othe
a payment
transfer of
real or personal property to me in my own right or as
another, and to give full receipt and acquittance ther
refunding bond therefor, to approve accounts of any bu iness, estate,
trust, partnership or other transaction whatsoever in may
fiduciary for
have any interest of any nature whatsoever, and to ent
any
compromise and release in regard thereto.
12. Compromise and Arbitration of Claims. T compromise or
arbitrate any claim in which I may be in any manner in erested, and
6
I
for that purpose to enter into agreements to compromise or arbitrate,
and either through counselor otherwise to carryon such compromise
or arbitration and perform or enforce any award entered in
arbitration.
13. Institution and Defense of 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, rel~ting to me or
to any property of mine or any other person, and to re ain, discharge
and substitute counsel on terms satisfactory in the absolute
discretion of my attorney-in-fact and authorize appear~nce of such
counsel to be entered for me in any such action or pro-eeding.
14. Taxes. To prepare, execute and file in ny name and on
my behalf any return, report, protest, application for correction of
assessed valuation of real or other property, appeal, )rief, claim
for refund, or petition, including petition to the Uni ed States Tax
Court, in connection with any tax imposed or purported to be imposed
by any government, authority or agency, or claimed, Ie ied or
assessed by any government, authority or agency and to pay any such
tax and to obtain any extension of time for any of the foregoing; to
execute waivers of restrictions on the assessment and ( ollection of
deficiency in any tax; to execute closing agreements al d all other
documents, instruments and papers relating to any tax iability of
7
mine of any sort; to institute and carryon either through counselor
otherwise any proceeding in connection with contesting any such tax
or to recover any tax paid, or to resist any claim for additional tax
or any proposed assessment or levy thereof, and to ent r into any
agreements or stipulations for compromise or other adj stment or
disposition of any tax. The foregoing power shall app y to any tax,
claim, or assessment, whether joint or individual.
15. Disclaimer. To execute, deliver and fil of record
disclaimers of any part or all of any property, power r interest
passing to or for me under any will, deed of trust or therwise.
16. Creation of Trust. To create a revocabl
benefit under the terms of which (i) my co-attorneys 0
person(s) or corporation(s) with fiduciary powers sele
attorneys is named as the trustee or trustees, (ii) du
lifetime the entire net income and as much of the prin
my co-attorneys direct or my trustee thinks desirable
to me or as I or my co-attorneys direct, and (iii) upo
principal and any undistributed income shall be payabl
executor or administrator of my estate, and to transfe
the trustee or trustees thereunder.
17.
Power Over Medical Care Treatment and S
To
trust for my
other
by my co-
rny
ipal as I or
be paid
my death the
to the
property to
make all decisions with regard to my future medical ca
treatment and consent to any and all such procedures, including but
not limited to any medical procedure, care or treatment which my
doctors recommend or deem necessary. Also, to authorize my admission
8
to medical, nursing, residential or similar facility enter
into agreements for my care. This Power shall also i the Power
to sign any release forms necessary to carry out such medical care
and treatment by my doctors and any hospital to which I have been
admitted as a patient.
18. Execution of Documents. To execute, deliver, file for
record, cancel, modify, endorse, acquire or dispose of any
instrument, including but not limited to, stock and d powers,
vehicle registrations, financing statements and filing
documents, reports of any sort to any government, auth rity or
agency, as required or permitted by law, deeds with or without
covenants or warranties, and any other document approp iate for
carrying out any of the foregoing powers.
19. Third Party Principals. My attorney-in- act shall have
the right to act for me and in my name as attorney-in- act for any
principal by whom I have been designated attorney-in-f ct under a
separate instrument, enjoying the same powers and disc etion granted
me in said other principal's Power of Attorney.
20. Gifts. To make gifts to my children and grandchildren
in equal amounts relative to the class of the person b nefitting;
i.e., $100 to each of my sons, $50 to my grandchild,
21. General. To do all things which my co-a torneys shall
deem proper in order to carry out any of the foregoing enumerated
powers, which shall be construed in the broadest possi Ie manner.
The descriptive headings of this general power of atto
inserted for convenience only and shall not be deemed to affect the
a
meaning or construction of any of the provisions hereolf or to limit
I
in any way the construction thereof in the broadest possible manner.
22. Substitution. My co-attorneys shall have full power of
substitution and revocation, and such substitution or revocation may
relate to, or be limited to, anyone or more or all of the foregoing
acts or powers, or be limited as to time or in such respect as my co-
attorneys shall deem proper.
23. Ratification. I hereby ratify and confirm all that my
co-attorneys or the substitute or substitutes therefor shall lawfully
do or cause to be done by virtue hereof.
24. Effect of Mv Disability. This power of attorney shall
not be affected by any mental or physical disability, infirmity or
incompetency and shall survive same.
25. GoverninG Law. This power of attorney shall be
governed by and interpreted in accordance with the la of the
Commonwealth of Pennsylvania.
This document shall have the affect of revoking all other Powers
of Attorney issued to anyone prior to the date hereof. This Power of
Attorney shall also supersede any inconsistent or contrary writings
or appointments.
Executed this
;-t I:"
day of
, 2007.
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF DAUPHIN
~ I Jft (~.r.L. I
On this, the {Av day of ~,~~ :J.. 2007, before
me, the undersigned officer, personally appeared MARY A. M CARTHY, known to
me (or satisfactorily proven) to be the person whose name .s subscribed to
the foregoing instrument, and acknowledged that she execut d it for the
purposes therein contained.
WITNESS my hand and official
esaid.
EAL TH OF PENNSYLVANIA
NolarIaI Seal
ACKNOWLEDGMENT
I, KENNETH L. MCCARTHY, have read the attached
ATTORNEY and am the person identified as the agent fo
principal. I hereby acknowledge that in the absence
provision to the contrary in the POWER OF ATTORNEY or
when I act as agent:
1. I shall exercise the powers for the benefit f the
principal.
2. I shall keep the assets of the principal sep rate from my
assets.
3. I shall exercise reasonable caution and prud nee.
4. I shall keep a full and accurate record of a I actions,
receipts and disbursements on behalf of the principal
Date:
'1-&0-~,)
11
ACRNOWLEDGMENT
i
I, DIANE L. CLINE, have read the attached POWER 9F ATTORNEY
and am the person identified as the agent for the prihcipal. I
hereby acknowledge that in the absence of a specific ~rovision to
the contrary in the POWER OF ATTORNEY or in 20 Pa.C.S~ when I act
as agent: I
I
,
1. I shall exercise the powers for the benefit tf the
principal.
I
2. I shall keep the assets of the principal sep,rate from my
assets.
3. I shall exercise reasonable caution and prud$nce.
i
4. I shall keep a full and accurate record of ail actions,
receipts and disbursements on behalf of the principal~
rk' la?u)
/ ' , "
j( ;' " IJ (, - /LA i
DIANE L. CLINE
Date:
tl )2 6 /0 7
/ .
12