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HomeMy WebLinkAbout04-15-09Andrew H. Shaw, Esquire I.D. No: 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Richard H. Bonner and Mary L. Ryder, Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: BEVERLY J. BONNER NO. o~I-D~- v~J! An Incapacitated Person PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE PERSON TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Petitioner, Richard H. Bonner, is the spouse of Beverly J. Bonner, the alleged incapacitated person. 2. Petitioner, Mary L. Ryder, is the sister of Beverly J. Bonner, the alleged incapacitated person. 3. The alleged incapacited person was born on June 23, 1937, is 71 years of age and married, and resides at 1 Longsdorf Way, Carlisle, Pennsylvania, whose post office address is 1 Longsdorf Way, Carlisle, Pennsylvania 17013. 4. The following persons are to the best of Petitioners' knowledge, informa~i~n and beef <- ~ ~ -h-, -~~ ~~_~, the only living next-of--kin of the alleged incapacitated person: ?~ ~ ~. ~ . E~ ~~ :~ c7 n a. Richard H. Bonner (spouse) = =~ ~~ "' ' ~ ~ , 3608 Kent Drive ~/~/ Mechanicsburg, PA 17050 `~'~` w ,= ~ ~ Q ~~~r- _~,. a~ 5. The name and address of the institution currently providing medical services is Cumberland Crossings (skilled nursing unit), 1 Longsdorf Way, Cazlisle, PA 17013. 6. To the extent known to Petitioners, the assets of the alleged incapacitated person aze valued at approximately $264,000.00, comprising the following: a. $264,000 in the form of certificates of deposit; and b. A residence at 3608 Kent Drive, Mechanicsburg, PA, valued at approximately $200,000.00 (jointly owned with her spouse, Richazd Bonner). Said residence is scheduled to be sold and the proceeds to be used to purchase a unit at Cumberland Crossings in order for Richazd and Beverly to reside together. 7. Petitioners estimate the alleged incapacitated person's annual income to be approximately $13,000, including current monthly Social Security benefits of approximately $1,085. 8. The alleged incapacitated person was not a member of the armed services of the United States and is not receiving benefits from the United States Veterans' Administration. 9. The alleged incapacitated person suffers from a. Depression; b. Physical limitations not yet fully diagnosed; c. Unable to walk; d. Unable to move left arm; e. Limited movement of right arm; f. Unable to speak clearly; 10. Because of her mental and physical condition, the alleged incapacitated person is totally unable to manage her financial affairs, property and business, and to make and communicate responsible decisions relating thereto, including the ability to communicate her need for assistance in these areas. 2 11. Because of her impaired mental and physical condition, the alleged incapacitated person lacks the capacity to make or communicate responsible decisions concerning her person and is unable to speak or in any other way communicate; is unable to keep herself properly nourished and hydrated; is unable to make her own living arrangements; and is unable to seek needed medical services. 12. The following alternative to the appointment of a guardian of the estate has been considered and believed to be sufficient: the alleged incapacitated person executed a Durable General Power of Attorney on February 10, 2009, appointing the Petitioners as her co-agents, acting jointly or alone. A copy of this Power of Attorney is attached hereto as Exhibit A. 13. Consequently, Petitioners are not seeking to be appointed as plenary guardians of the alleged incapacitated person's estate. 14. The following alternative to the appointment of a guardian of the person has been considered: Power of Attorney, but this alternative is ineffective because the alleged incapacitated person is in need of medical services that may only be accepted by the patient or the patient's guardian. Specifically, the alleged incapacitated person's treating physician is recommending Electro Convulsive Therapy, and is unable to acknowledge the Power of Attorney for this medical decision. 15. The severity of the alleged incapacitated person's mental and/or physical condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of her person be appointed to handle all issues relating to the person of the alleged incapacitated person, specifically including, but not limited to: her living arrangements; her medical and psychiatric care, the administration of medication to her; and the employment and discharge of physicians, psychiatrists, dentists, nurses, therapists and other professionals for her physical and mental treatment and care. 16. Petitioners are aware of only the power of attorney signed by the alleged incapacitated person and attached to this petition as Exhibit A. 17. The proposed plenary guardians of the person of the alleged incapacitated person are Richard H. Bonner, spouse of the alleged incapacitated person, who resides at 3608 Kent Drive, Mechanicsburg, Pennsylvania, and Mary L. Ryder, sister of the alleged incapacitated person, who resides at 103 Hartman Road, Muncy, PA 17756. 18. Richard H. Bonner, one of the proposed plenary guardians of the person, is sixty-eight (68) years of age and is retired. 19. Mary L. Ryder, the other proposed plenary guardian, is sixty-six (66) years of age and is a licensed practical nurse. 20. The proposed plenary guardians have no interest adverse to the alleged incapacitated person. 21. The consents of the proposed plenary guardians are attached hereto as Exhibits B and C respectively. 22. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 23. No other guardian has been appointed for the estate or person of the alleged incapacitated person. WHEREFORE, Petitioner respectfully requests that this Court award a citation directed to Beverly J. Bonner, the alleged incapacitated person, and to such other persons as this Court 4 may direct, to show cause why Beverly J. Bonner should not be adjudged a fully incapacitated person, and Richard H. Bonner and Mary L. Ryder be appointed plenary guardian of her person. Date: ~'" ~ '- By: Respe fully sub 't~ Andrew H. Sha squire Sup. Ct. ID No. 87371 200 S. Spring Gazden St., Suite 11 Cazlisle, PA 17013 (717) 243-7135 Attorney for Petitioners, Richazd H. Bonner and Mazy L. Ryder 5 I HEREBY CERTIFY THE WITHI CUMENT TO BE A TR^~D CORRECT COPY E 0 iGINAL NOTICE TO THE PRINCIPAL 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 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. THESE 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. BEVERLY J. B~UNNER, PRINCIPAL DATE / EXHIBIT DURABLE GENERAL POWER OF ATTORNEY I, BEVERLY J. BONNER, now of 3608 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050, appoint my husband, RICHARD H. BONNER, and my sister, MARY L. RYDER, to act jointly or individually, as my Co-Agents. If either of them predeceases me, resigns as my Agent or fails to complete the duties as my Agent, then the survivor of them shall serve as my Agent. RICHARD H. BONNER and MARY L. RYDER are referred to as "my Co-Agents" in this document. I intend to create a Durable Power of Attorney pursuant to 20 Pa. C.S. Section 5604 (or the corresponding provision of any subsequent state law). The effective date of this Power is February ~, 2009. It is my express intent and direction that this Power of Attorney and the authority and powers hereby conferred shall not be affected by my subsequent disability, incapacity or incompetency, or the adjudication thereof, or later uncertainty as to whether I am dead or alive, and shall be fully exercisable notwithstanding the same. My Co-Agents are hereby given the fullest possible powers to act on my behalf, with the same powers, for all purposes, and with the same validity as I could, if personally present. Without limiting the general powers hereby already conferred, my Co-Agents shall have the following specific powers, including, but not limited to: 1. 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 deposit, transfer or collection, in my name and for my account any checks payable to my order; to draw and sign checks for me and in my name, including any accounts opened by such Co-Agents in my name at any bank, savings society, money market fund or elsewhere; to receive and apply the proceeds of such checks as my Co-Agents deem best; and, to close accounts; 2. To take all lawful steps to recover, collect and receive any amounts of money now or hereafter owing or payable to me; and, to compromise and execute releases or other sufficient discharges for such amounts; 3. To make loans, secured or unsecured, in such amounts, upon such terms, with or without interest and to such firms, corporations, and persons as my Co-Agents deem appropriate; 4. To institute, prosecute, defend, compromise, or otherwise dispose of (and to appear for me in any proceedings 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; to obtain, discharge and substitute counsel and to 2 authorize appearance of such counsel to be entered forme in any such action or proceeding; and, to compromise or arbitrate any claim in which I may be interested and for that purpose to enter into agreement or compromise or arbitration and perform or enforce any award entered pursuant to such arbitration; 5. To lease, sublet, sell, release, hire professional managers, convey or mortgage any real property owned by me (including my residence) or in which I have an interest now or in the future, upon such terms and conditions and under such covenants as my Co-Agents shall determine, including the sale of my real estate and to sign, execute and deliver deeds and conveyances therefor; 6. To purchase or otherwise acquire any interest in and possession of real property and to accept all deeds for such property on my behalf; and, to manage, repair, improve, maintain, restore, build, or develop any real property in which I now have or may have an interest in the future; 7. To execute, deliver and acknowledge deeds, deeds of trust, covenants, indentures, agreements, mortgages, hypothecations, bills of lading, bills, bonds, notes, receipts, evidences of debts, releases and satisfactions of mortgage, judgments, ground rents and other debts; 8. To collect, compromise, endorse, borrow against, hypothecate, release and recover any promissory note receivable, whether secured or unsecured, and any related deed of trust; 9. To buy, purchase, sell, repair, alter, manage and dispose of personal property of every kind and nature at private or public sale and to sign, execute and deliver assignments and bills of sale therefor; 10. To enter my safe deposit boxes and to open new safe deposit boxes; to add to and to remove any of the contents of any such safe deposit boxes; and, to close any of such boxes; 11. To borrow money for my account on whatever terms and conditions deemed advisable, including borrowing money on any insurance policies issued on my life for any purpose without any obligation on the part of such insurance company to determine the purpose for such loan or application of the proceeds, and to pledge, assign and deliver the policies as security; 12. To apply for and to receive any goverrunent, insurance and retirement benefits to which I may be entitled and to exercise any right to elect benefits or payment options; to terminate such benefits; to change beneficiaries or ownership of such benefits; and, to assign rights 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 of benefits, mutual fund and other dividend inveshnent plans and retirement, profit-sharing and employee welfare plans and benefits; 3 13. To take custody of any 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; to give instructions as to the registration thereof and the mailing of dividends and interest therefrom; and to deposit coupons attached to any coupon bonds, whether now owned by me or hereafter acquired; 14. To purchase for me United States of America Treasury Bonds of the kind which are redeemable at par in payment of federal estate taxes; to borrow money and obtain credit in my name from any source for such purpose; to make, execute, endorse and deliver promissory notes, drafts, agreements or other obligations for such bonds and, as security therefor, to pledge, mortgage and assign any stocks, bonds, securities, insurance values and other properties, real or personal, in which I may have an interest; and, to arrange for the safekeeping and custody of any such Treasury Bonds; 15. To open, close, or maintain accounts (including accounts on margin or other leverage device, and accounts in options, calls or futures) with stockbrokers, investment counsel, financial advisors, or other similar agent or intermediary, or through an account held by my Co-Agents in an on-line service, and to buy, sell, endorse, transfer, hypothecate, leverage, margin, or borrow against any of the accounts, stock, bonds, capital accounts, futures, options or other securities; 16. To vote at all meetings of shareholders (whether general, regular or special) of any corporation whose shares I own, on any questions which may arise at any such meeting, and to do everything respecting such shares of stock, including the calling of meetings of directors or stockholders or making and giving consents and ratifications, and any other act which I could do if personally present, intending hereby to confer upon my Co-Agents full power and authority to do (with reference to such shares of stock) everything which I might or could do as owner of such shares; 17. To continue the operation of any business belonging to me or in which I have a substantial interest, in such manner as my Co-Agents may deem advisable or to sell, liquidate or incorporate any business (or interest therein) on such terms as my Co-Agents may deem advisable and in my best interests; 18. To procure, change, carry or cancel insurance of such kind and in such amounts as my Co-Agents deems advisable to protect from risks affecting property or persons due to liability, damage or a claim of any sort; to claim any benefits or proceeds on my behalf; and, to purchase medical insurance for any dependent of mine; 19. If married, to join with my spouse or my spouse's estate in filing income or gift tax returns for any years for which I have not filed such returns and to consent to any gifts made by my spouse as being made one-half by me for gift tax purposes, even though such action subjects my assets to additional liabilities; 4 20. To prepare, sign and file federal, state and local income, gift or other tax and information returns of all kinds, claims for refunds, requests or extensions of time, petitions to the United States Tax Court or other courts regarding tax matters and any and all other tax related documents, including, withoutlimitation, receipts, offers, waivers, consents (including, but not limited to, consents and agreements under Internal Revenue Code (hereinafter IRC) Section 2032A, or its successor), powers of attorney, and closing agreements; to exercise any elections I may have under federal, state and local tax laws; and, generally to act on my behalf in all tax matters of all kinds and for all periods before all persons representing the internal Revenue Service and any other taxing authority, including receipt of confidential information and the posting of bonds; 21. To make gifts, unlimited in amount, as set forth below, either outright or in trust or, in the case of minors, in accordance with the Uniform Gifts to Minors Act and, for gifts made in trust, to execute a deed of trust for such purpose designating one or more persons, including my Co-Agents, as original or successor trustees. This power includes the right to make additions to an existing trust and does not require my Co-Agents to treat the donees equally or proportionately and may entirely exclude one or more permissible donees. The pattern followed on the occasion of any such gift (or gifts) need not be followed on the occasion of any other gift (or gifts). The power to make gifts shall be limited to my brothers and sisters (whether by the whole or half blood}, spouse, parents, grandparents, and lineal descendants and any organization described in IRC Section 501(c)(3). My Co-Agents and the donee of the gift shall be responsible as equity and justice may require to the extent that a gift made by my Co-Agents is inconsistent with the prudent planning of my estate or financial management of my property, or with my known or probable intent with respect to the disposition of my estate. The ability of my Co-Agents to make gifts of my property shall be limited by and shall only be made in conformity with my pre-nuptial agreement, if any such agreement exists; 22. To execute a deed of trust, designating one or more persons (including my Co- Agents) asoriginal orsuccessortrustee(s) and to transfer to the trust any or all property owned by me as my Co-Agents may decide. The income and principal of the trust may, but need not, be distributable to me or to the guardian of my estate, or be applied for my benefit, and upon my death, any remaining principal or unexpended income of the trust may, but need not, be distributed to my estate. Furthermore, this trust or deed of trust may be amendable or revocable at any time by me or my Co-Agents, or the trust or deed of trust maybe irrevocable by me or my Co-Agents; 23. To add at any time, any or all of the property owned by me to any trust in existence for my benefit when this power was created. The income and principal of the trust may, but need not, be distributable to me or to the guardian of my estate or be applied for my benefit during my lifetime and upon my death any remaining principal and unexpended income of the trust may, but need not, be distributed to my estate; 24. To withdraw and receive the income or corpus of any trust over which I may have a right of withdrawal, and to request and receive the income or corpus of any trust with 5 respect to which the trustee thereof has the discretionary power to make distributions to me or on my behalf, and to execute a receipt and release or a similar document for the property so received; 25. To convey or release any contingent or expectant interests in property, marital property rights, and any rights of survivorship incident to a joint tenancy or a tenancy by the entireties; 26. To elect to take against the Will and conveyances of my spouse after death; to disclaim any interest in property which I am required to disclaim as a result of such election; to retain any property which I have the right to elect to retain; to file petitions pertaining to the election, including petitions to extend. the time for electing, and petitions for orders, decrees, and judgments; and, to take all other necessary actions to effectuate the election; 27. To accept and acquire or release and disclaim on my behalf any interest in property acquired by intestate, testate or inter vivos transfer, including the release or disclaimer, or acquisition of any interest in property through the exercise or surrender of any right to revoke a revocable trust; 28. To continue any fiduciary positions to which I have been or may be appointed including but not limited to) personal representative, trustee, guardian, Co-Agents, and officer or director of a corporation or political or governmental body; and, to resign such positions in which capacity I am presently serving or to which I may be appointed; 29. TO HAVE THE AUTHORITY TO GIVE CONSENT FOR, AND AUTHORIZE, SUCH MEDICAL AND SURGICAL PROCEDURES AND TREATMENT (INCLUDING LIFE-SUSTAINING TREATMENT), TO BE PERFORMED ON ME AND TO AUTHORIZE, ARRANGE FOR, CONSENT TO, WAIVE AND TERMINATE ANY AND ALL MEDICAL AND SURGICAL PROCEDURES AND TREATMENT (INCLUDING LIFE-SUSTAINING TREATMENT) ON MY BEHALF, INCLUDING THE ADMINISTRATION OF DRUGS OR TO WITHHOLD SUCH CONSENT; PROVIDED THAT ANY LIVING WILL DECLARATION OR DURABLE HEALTH CARE POWER OF ATTORNEY WHICH I MAY HAVE THEN IN EFFECT SHALL TAKE PRECEDENCE OVER THIS PROVISION; 3 0. To arrange for my entrance into and care at any hospital, nursing home, health center, convalescent home, retirement home, or similar personal care, sheltered care, intermediate care, or skilled nursing facility; and, to pay all costs for my care as my Co- Agents,based on medical advice, determines in good faith to be necessary and for my well- being; 3 l . To employ lawyers, investment counsel, accountants, physicians, dentists and other persons to render services to me or my estate and to pay the usual and reasonable fees and compensation of such persons for their services; 6 32. To the extent not otherwise effectively provided in the introductoryparagraph of this Power of Attorney, to appoint and substitute under himsel f and themselves, one or more substitute or successor Co-Agents for any or all the purposes herein described, pursuant to Pennsylvania Consolidated Statutes Title 20, Section 5602(b)(3) or the corresponding provision of any subsequent state law; 33. To make an anatomical gift of all or part of my body or decisions concerning procedures relating to such gift(s) or procedures, either before or after my death, provided that any such power shall be subject to and limited by any power granted to my surrogate under my Living Will Declaration or Durable Health Care Power of Attorney; 34. To obtainhealthinformation on behalf of the principal, including an accounting of health care and information disclosures, and to enforce my rights regarding health care and information through all means including, but not limited to, filing complaints and appropriate appeals, to the maximum extent permitted by 45 C.F.R. 164.502(g) such that my agent and Agent shall be considered to act fully in my place for all issues concerning health care coverage, insurance, and information under the Health Insurance Portability and Accountability Act of 1996, as amended; and, 35. To direct the conveyance, transfer, or delivery of my mail, including, letter bills, packages, and correspondence, of whatever rate, type or kind, with such power as may be necessary to receive such correspondence, change the address for delivery of such correspondence, or otherwise act in my stead with the federal Postal Service or other institution handling correspondence. Accordingly, A. Except as my Co-Agents may waive any fees, my Co-Agents shall be entitled to receive for services actually performed hereunder their normal and customary charge for performing similar services during the time the services are performed. B. This Power of Attorney maybe accepted and relied upon by anyone to whom it is presented until such person either receives written notice of revocation by me or has actual knowledge of my death or the revocation of this Power of Attorney. C. All actions of my Co-Agents pursuant to this Power of Attorney during my absence or any period of my disability or incapacity shall have the same effect and inure to the benefit of and shall bind me, my heirs, distributees, legal representatives, successors and assigns, as if I were present, and competent and not disabled, 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 harmless for any loss suffered or liability incurred by such party while acting in accordance with this 7 Power of Attorney prior to that party's receipt of written notice of any such termination or amendment. D. I revoke all prior General or Durable Powers of Attorney that I may have executed and I retain the right to revoke or amend this Power of Attorney and to substitute other Co-Agents in place of the Co-Agents appointed herein. Amendments to this Power of Attorney shall be made in writing by me personally (not by my Co-Agents) and they shall be attached to the original of this Power of Attorney. E. Pursuant to Pennsylvania Consolidated Statutes Title 20, Section 5604(c)(2) or the corresponding provision of any subsequent state law, if incapacity proceedings for my estate or my person are hereafter commenced, I hereby nominate, constitute and appoint the above-described Co-Agents as the guardian of my estate and my person. If and in the event that my Co-Agents predeceases me, or does not complete the duties of my true and lawful Co- Agents, then and in such event, I hereby nominate, constitute and appoint the above-described Successor Co-Agents as the guardians.of my estate and my person. F. I understand that this Power of Attorney is an important legal document. Before executing this document, my attorney-at-law explained to me the following: (1) This document provides my Co-Agents with broad powers to dispose of, sell, convey and encumber my real and personal property; (2) The powers granted in this Power of Attorney will become effective upon the execution of this document and will exist for an indefinite period of time unless I limit their duration by the terms of this Power or revoke this Power. These powers will continue to exist notwithstanding my subsequent disability or incapacity; and, (3) I have the right to revoke or terminate this Power at any time. G. Questions pertaining to the validity, construction and powers created under this Power of Attorney shall be determined in accordance with the laws of the Commonwealth of Pennsylvania. Where herein used, the plural shall include the singular, and the singular shall include the plural. IN WITNESS WHEREOF, and intending to be legallybound hereby, I have signed this Durable Power of Attorney, this ~ day of February, 2009. (~AL) BEVERLY J. B ~ R 8 On this ~ day of February, 2009, the above-named, BEVERLY J. BONNER, in our presence declared the preceding instrument consisting of this and nine (9) other typewritten pages, to be her Power of Attorney, and we, in the presence of the above-named BEVERLY J. BONNER, and in the presence of each other,,at~the request of her, have subscribed our names as witnesses. Signature ~ ~'~~ Wi ess's Name (print) ~~~~-~ ~ ~ Witness's Signature ~-P~-t~ L t_, ~ ~r~-~uJ f~l~~ ~l -~ Witness's Name (print) COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND r On this, the ~ (~ day of February, 2009, before me, a Notary Public, the undersigned officer, personally appeared BEVERLY J. BONNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Durable General Power of Attorney, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. .;:., 4 F .-- Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal - . .. } ~-'` - - Vicbria M. Rankin, Notary Public '' -' ~: Wonnleysburg Boro Cumberland County "} ~ ~ „/ ~ ~ i ' `•~ My Commission Expires Aug. 27, 2010 ~ y Member. Ppnnsvlvanla Acsociatlon of Notaries 9 ACKNOWLEDGMENT EXECUTED BY PRIMARY AGENTS AN AGENT SHALL HAVE NO AUTHORITY TO ACT AS AGENT UNDER THIS POWER OF ATTORNEY UNLESS THE AGENT HAS FIRST EXECUTED AND AFFIXED THIS ACKNOWLEDGMENT TO THE POWER OF ATTORNEY DOCUMENT: We, RICHARD H. BONNER and MARY L. RYDER, have each read the attached power of attorney and are the persons identified as the Co-Agents for the principal. We each 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 we act as agents: We shall each exercise the powers for the benefit of the principal; 2. We shall each keep the assets of the principal separate from our assets; 3. We shall each exercise reasonable caution and prudence; and, 4. We shall each keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal. r,, k i RIC H. O ER, ate Agent ~~ ~ MA Y YDER Agent Date 10 Andrew H. Shaw, Esquire I.D. No: 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Richard H. Bonner and Mary L. Ryder, Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI~IIA ORPHANS' COURT DIVISION IN RE: BEVERLY J. BONNER NO. An Incapacitated Person CONSENT OF GUARDIAN OF THE ESTATE AND PERSON I, Richard H. Bonner, hereby consent to act as the Guardian of the Estate and Person of Beverly J. Bonner. I reside at 3608 Kent Drive, Mechanicsburg, Pennsylvania and am retired. 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 Beverly J. Bonner, the alleged incapacitated person. ` 13 o b q By: Date: r - 'chard H. Bonner Proposed Guardian EXHIBIT -~ Andrew H. Shaw, Esquire I.D. No: 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Richard H. Bonner and Mary L. Ryder, Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: BEVERLY J. BONNER NO. An Incapacitated Person CONSENT OF GUARDIAN OF THE PERSON I, Mary L. Ryder, hereby consent to act as the Guardian of the Person of Beverly J. Bonner. / r ce,~,S t~ ~: ~clti, i I reside at 103 Hartman Road, Muncy, Pennsylvania and am a n-l;rsterc~nurse. 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 Beverly J. Bonner, the alleged incapacitated person. Date: - ~ By: Mary L. er Proposed Guardian EXHIBIT I