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Home My WebLink About04-20-15 (3) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 21-13-1143 ORPH.�NS' COURT DIVISION ESTATE OF GEORGE W. HOWARD �, � � � Deceased c � --�o � o � � ,; � - " � :� � r ro , iri � o 0 PETITION FOR CONTINUANCE � � � ' " � , � )� � _ T C7 �-' _ m ;n o COMES NOW, this ]0'" day of April, 2015, the Petitioner, R0B8RT J. I�IOW}4RD Pro Se, by way of his Power of Attomey, BARTON W. HOWARD, and respectfully petitions for a con[inuance of trial till the cext Calendar term. The Petitioner is hospitalized, and unable to paz2icipate in his litigation at this time due to complications following a serious sucgery he underwent o� the 19th day of March, 2015. Following two weeks bed rest he was rcadmitted ro the hospital on April 6. Per the attached letter from his surgeon Mr. Howard was incapacitated due to the extremcly dangerous infection known as MRSA. This ex[remely resistant, hazd to combat, and diffiwl[ to treat infeclious condition, will no doubt require[he full atten[ioq energy, and mental devotion of Mr. Howard to ensure his health, life,welfare, and future. The�efore, the Petitioner respectfully submits and requests lhe Court lor mercy and uuderstanding in this difficult time in the life Mr. Howard and his family, and hereby petitions for a coutinuance, to the nQxt [erm or 30-60 days, at the Honorable Couris' discretioual Authority. All Par[ies will be notified of the petition, the petitioner or his POA has not been in contaGt with the interested parties, and as such it is not known if any pany objects. By Barton W. Howard, P.OA for Robe�Y J � oward, Pro Se. \/ Barton W. Howard 922 Mo tain Mcadow Rd. ibby, MT. 59923 406-283-1438 � Attachments: Powcr of Atromey for Barton W. Howard Rennett J Dyksha, M.D. Lette4 to the Court Pmposed Ordcr � 1\J 4F✓Lf�. �j`� :'� � 'i''s1M1ti l l?IN! f ' I ROR� R -!;J�� I:�.; �r.��A I .�i'Uf� �. � i�..., I.___ Np7I�___ (a) All powers of attorney shall include ihe following notice in capital letters at the beginning of the parer of attarney. The notice shall be signed by the principal. In the absencq of a signetl notice, upon a c�allenge to the authority of an agent to exercise � prnrer under the power of e[to�ney, the agent shall have the 6urden of denonstrating that the exercise of t�is autho�ity is proper. II._'_�I�'_' (a) The purpose of t�is prnrer of attorney is to give the person you tlesignate (your Ageni) broad powers to hantlle your property, Nhich may inclutle pawers to sell or otherwise dispose of any real or personal property withou[ edvance notice to you or approval by you. . (b) This power of attorney does noC impose a duty on your agent to exercise gran[ed powers, but, when powers are exercised, your agpn[ mus[ use due care to act for your benefit and in accordence with [�is power of attorney. (c) Your agent may exercise the pouers qiven here throughout your lifetime, even after you become incapacitated, unless you expressly li�it the duretion of these powe�s or you revoke thesp powers or a court acting on your behalf terninates your agent's authority. � (tl) Your agent wust ect i� accordance with your reasonahle expectations to Ghe extent actually known by your ageni and, otherwise, in your best inTeres[, act in gootl fai[h antl act only wi[hin the scope of autho�lty g�antetl Dy you in the powe� of attorney. (e) The law permits you, xP you choose, to grant broatl authority to an agent under po`+er of attorney, including the ability to give away all of your property while you are alive or to substantially change how your property is dist�ibu[ed at your death�. eefore signing this dacument, you shauld seek the ativipe of an attorney et lar to make sure you untlerstanq it. (f) � court can teke eway the powers of your agent if it fintls your agent is not acting properly. III.--�--- (a) 7he powers antl tluties of an agent under a power of attorney are explained more fully in 2� Pa.C.S. Ch. S6.If there is a�ything a6out this form that you tlo not untlerstanA, you shoultl ask e lerryer of your own Fhoosing to explain it [o you. I �ave read or had explained to me this no[ice antl I untlerstand its contents. (b) The extent of [he Scope of Au[hority and powers granted are limi[ed ta the folloaing areas as defined pursuant to 20 Pa,C.S.A § 5602: 1. Crea[e a trust for my bepefit. 2. To make additions to an �xisting trust for my henefit. 3. To claim and elec[ive s��re of an estate on ary 6ehalf. 4. Ta withtlraw or receive the income or corpus of a trust. 5. To authorize my admission to a medicel, nursing, residential, or similar fac}lity antl to enter into agreements for my care. - 6. To authorize Medical or Surgical procetlures. 7. To engage in tangi6le transactions. e. 7o enqage in commodity end option [ransactions. 9. To engage in insurance antl annui[y [ransactions. 1B. Ta hanAle in[erests in estates antl trusts 11. 7o pursue claims antl litigation. 32. To receive government benefits. 13. To pufsue terz mette�s. 14. To make antl anatomical gift of all or part af my body. (b) Powers Generally--- All pouers above mentioned shall be exercisable in any respect in which the principle is in any way interested at the giving of the power of attorneys or [hereafter and whe[her aris ng in this commonwealth or elsewhere in the United States so as it �s au[horized within the indivitlual sovereign States law and statues. Principal: RODert ]. Howard, . Da[e: 1 �� Exp. Date: �.i �Zd IV.---Acknawledgment executetl by agent--- (aJ An agent shall have no authority to act as agent under the power of ettorney unless the agent has first 0xecutetl anA aff�eC to the power of attorney an acknowledgment in suhstantially [he following form: I, , have read the attachetl power of ettorney and em the person 10entifietl as the agent for the principal. I hereby acknowledge tha[ when I act as agent: (i) I shall act in accortlance with the principal's reasonable expectations to the extent ac[ually known by ce and, o[herwise, in the principal's best interest, act in goo0 faith and ect only within the scope of authority grantetl to me by the principal in the powe of a[torney. Agent: Barton W. Howard, ' i . Date: y �� Exp. Date: � Notary: I here by SWEIIR upan my OATH tha[ I veiwed the ahove n ' ' ' this docunent on the � Day, of April, 2815. �y� hRES4v��y.1,� e. \ �107PRY PU&K t«tt» P�in . t50. e,$ign:�p�pg,�g� Dete:\3 SEAL I• rO�O�� / �'�6^B a113o.Mf 5��8 �- ��' ��s�es witness 1:P-.�L�.i�oate:� Address: S�� Witness 2:P-R�ar `u" Date:�•��'" �s Address: ��- S- _/�� KALISPELL REGIONAL MEDICAL CENTER The COurt of Common Pleas CumbRrland County,PA., ludge E.L. ElbertJr. To whom it may concern: Robert Howard has been under qur care at Kalispell Regional Healthcar¢and Northwes[Montana Surgical Associates since a March 19'",2015 surgery which involved[wq arterial bypasses,one in each leg. The March 19th inpatient recuperation was short as expected.Complications arose later via a MRSA infec[ion,which resulted in an additional hospital inpatient stay anticipated to extend through April 13th,2015.Additional recuPeration at home is anticipated to last�5-30 days and will require Mr. Howa�d to visit the hospital or si(nilar faciiiry every 3 days minimum for wound treatment.The . additional recuperation time notRd above varies as each patient reacts differently to treatment. Please Call Northwest Montana SurgicaLAssociate5 With any ques[ions of[ontgm5. 5' rel 'enne tra, — sias�.,�.�.r��rmv��n,tyro.�.�ass�o7 �so�.�sznzz�tupne»z Certificate of Service I, Barton W. Howard as Power of Attorney for Robert 1 HoWard, hereby tertify that I have served a copy of this document by depositing in the United 5tates Mail, pos[age paid at Libby, MT 59923 addressed to: Marcus MCKnight, III Esq. Irwin & McKnight Law Offices 60 West Promfret Street Carlisle, PA 17013 Dennis Howard 6016 Snowdens Run Rd Eldersburg, MD 2ll84 Ivo V. Otto, III, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Jason A Spak, Esq. Picadio Sneath Miller&Nortop, P.C. 444 Liberty Ave,Suite 1105 � Pittsburgh, PA 15222 B rton W Howard, P.O.A. for Ro e J H ard 922 Mountain Mead w Rd Libby, MT 9923 (406) 283-1438