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rI JUDGMENT NOTE
. $ 10.000.00 January 28
,2000
On demand after date, I promise to pay to the order of Samuel Aiello
-($ 10000.00 )DollllfS without defalcation, value received, with interest.
And further, I do hereby authorize and empower the Prothonotary or any Attomey of any Court of Record of Pennsylvania or
elsewhere to appear for and enter judgment against me for the above sum, with or without declaration, with costs of suit and allomey's
commission of 15 percent added for collection and release of all errors, without stay of execution; and I hereby agree not to make any
motion or any application whatsoever to any Court for an inquisition on any real estate that may be Levied upon to collect the aforesaid
sum, and I voluntarily condemn same, and authorize the Prothonotary to enter said voluntary condemnation upon the Writ of
Execution. I further agree that any property, real, personal or mixed, may be sold through a Writ of Execution and further hereby waive
and release all relief from any and all appraisements, stay or exemption laws of any State now in force or which are passed hereafter.
This note is given as security for a personal loan between myself and Samuel Aiello ,as of Januarv 28 .2000
WAVIER
IN EXECUTING THIS NOTE, I UNDERSTAND THE TRANSACTION, AND KNOWINGLY AND VOLUNTARILY WAIVE MY RIGHTS
TO CONTEST THE ENTRY OF THIS JUDGMENT, AGAINST ME IN COURT, AND DO HEREBY CONSENT TO THE ENTRY OF
THIS JUDGMENT BY CONFESSION.
&~JCm /;}.ii/OO
(SEAL) / I
Signed, sealed and delivered in the Presence of
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" Hunlil\!)lon T'1," Adams County
My ComlT""ion xpires Feb, 14, 2001
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FtOm: David Aiello 7l7-73\Nl469 To: Gary Holtman
Dale: 2/3/04 lime: 11:20:30 AM
Page 9 of 19
SAMUEL M. AIELLO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
v.
CIVIL ACTION - LAW
DAVID AIELLO,
Defendant
JUDGMENT NO. 01-738
PRAECIPE TO SATISFY JUDGMENT NO. 01-738
NOW COMES Samuel M. Aiello, by his attorney in fact, James Aiello, who acts as Power of
Attorney for Samuel M. Aiello pursuant to the General Power of Attorney attached hereto and
marked Exhibit "A", and files this PRAECIPE TO SATISFY JUDGMENT NO. 01-738
AGAINST DAVID AIELLO filed on February 6th, 2001.
d-
IN WITNESS WHEREOF, I have hereunto set my hand and seal this /3 Gay of February,
2004.
WITNESS
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Samuel M. Aiello by
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COMMONWEALTH OF PENNSYLVANIA
: ss
COUNTY OF ADAMS
On this, the J;) tL-day of February, 2004, before me a Notary Public, the undersigned officer,
personally appeared James Aiello as Power of Attorney for Samuel M. Aiello, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
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No Public
Notarial Seal
Irene M, Haltman, Notary Public
Gettysbul"Q Boro, Adams County
My CommiSSion Expires June 4, 2005
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HENRY O. HEISER. III
ATTORNEY AT LAW
104 BALTIMORE STREET
GETTYSBURG. PENNSYLVANIA 17325
.
GENERAL POWER OF ATTORNEY
NOTICE
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 THROUGH-
OUT 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 CHOOSING TO
'EXPLAIN IT TO YOU.
I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I
UNDERSTAND ITS CONTENTS.
Dated:
ij -/1- ,;l, tit? 3
~~'Vl
Samuel M. Aiello
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I, Samuel M. Aiello, of Latimore Township, Adams County, Pennsylvania
(hereinafter the "Principal"), hereby appoint my son, James Aiello, (hereinafter my
"Agent") and I intend that my Agent may act on my behalf and as my Agent 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 but not
limited to, exercising the following powers:
Execution of Contracts. To enter into, perform, modify, extend, cancel,
compromise, enforce, or otherwise act with respect to any contract of any sort
whatsoever - including but not limited to, leases and mortgages - and to pay any
money or to transfer title and possession to any real or personal property that may be
required to be paid or transferred by any contract or in the performance of any
obligation entered into or incurred by me or on my behalf.
Investments. To invest in all forms ofreal and personal property, without any
restriction whatsoever as to the kind of investment, including but not limited to, United
States Treasury Bonds which are redeemable at par in payment of federal estate
taxes.
ReQistration of Property. To hold property unregistered or in the name of a
nominee.
Personal Property. To buy or sell at public or private sale for cash or credit Dr
partly for each, exchange, pledge, lease, give or acquire Dptions for sales or
exchanges or leases, or by any other means whatsoever to acquire, dispose of, repair,
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alter or manage tanglbleorintangiblepersonalprop€lrty or any interest therein; and,
without limitation, with respect to any securities, to comply with any securities laws or
regulations, to execute indemnity agreements, to purchase insurance and to pay
commissions or discounts required by any underwriting.
Real Property. 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, dedicate, or by any other
means whatsoever to acquire or dispose of real property or any interest therein; to
partition and subdivide real property; to manage real property; to repair, alter, erect, or
tear down any structure Dr 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 gDvernment or other authority having or purporting to have jurisdiction.
Securities. To vote in person or by proxy at any meeting, to join in any merger,
reorganization, voting-trust plan or Dther concerted action of security holders, to make
payments in connection therewith, and in general to exercise all rights of a security
holder.
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 sort;
and to exercise any non-forfeiture provisions of life insurance policies.
Loans. To borrow money in such amounts for such periods and upon such
terms as my agent shall deem proper and to secure any loan by the mortgage or
pledge of any property, and I specifically authorize my agent to borrow money and to
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.I;\asing United states Treasury
feiiJeerriaple:~t parin;p~yment of federal estate taxes.
Bank Accounts. To sign checks, drafts and other instruments or otherwise
make withdrawals from any checking, savings, transaction or other deposit account in
my name, and to endorse 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 savings certificates, certificates of
deposit or similar instruments in my name; to execute and deliver receipts for any
funds withdrawn or certificates redeemed; and to do all acts regarding any checking
account, savings account, savings certificate, certificate of deposit or similar
instrument which I now have or may hereafter acquire, the same as I could do if
personally present. 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 shall be indemnified and held harmless by me and
my estate, personal representatives and heirs against any liability or loss, including
lawyers fees, costs of suit and claims of third parties, which it might incur by relying on
this power after termination or revocation but before it receives such notice, or at any
time because of wrongful acts, omissions or representatiDns of my agent with respect
to transactions covered by this Power of Attorney. My agent shall be subject to
whatever bank rules and regulations I would be subject to.
Safe Deposit Boxes. To have access to and 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 all acts
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, Jil€hdo:if'pe!'Sorially present, provided that my agent shall not deposit or keep in
any such safe deposit box any property in which my agent has a personal interest.
Any financial institution may continue to rely on this Power of Attorney until it receives
written notice from me that this PDwer of AttDrney is revoked or actual notice of my
death and shall be indemnified and held harmless by me and my estate, personal
representatives and heirs against any liability or loss, including lawyers fees, costs of
suit and claims of third parties, which it might incur by relying Dn this power after
termination or revocation but before it receives such notice, or at any time because of
wrongful acts, omissions or representations of my agent with respect to transactions
covered by this Power of Attorney. My agent shall be subject to whatever bank rules
and regulations I would be subject to.
Receipts and Approvals of Accounts. To receive a payment of any kind,
including a bequest, devise, gift or other transfer of real or personal property to me in
my own right or as a fiduciary for another, and to give full receipt and acquittance
therefore, or a refunding bond therefore, to approve accounts of any business, estate,
trust, partnership or other transaction whatsoever in which I may have any interest of
any nature whatsoever, and to enter into any compromise and release in regard
thereto.
Compromise and Arbitration of Claims. To compromise or arbitrate any
claim in which I may be in any manner interested, and for that purpose to enter into
agreements to compromise or arbitrate, and either through counselor otherwise to
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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 person, and to retain, discharge and substitute counsel
and authorize appearance of such counsel to be entered for me in any such action or
proceeding.
Taxes. To prepare, execute and file in my name and on my behalf any return,
report, protest, application for correction of assessed valuation of real or other
prDperty, appeal, brief, claim for refund, or petition, including petition to the United
States Tax Court, in connection with any tax imposed or purported to be imposed by
any government, authority or agency, or claims, levied 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 collection of deficiency in any tax; to execute closing agreements and all other
documents, instruments and papers relating to any tax liability of mine of any sort; to
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institute and carry on either through counselor Dtherwise any proceeding in
CDnnection with contesting any such tax or to recover any tax paid, or to resist any
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claim for additional tax or any proposed assessment or levy thereof, and to enter into
any agreements or stipulations for compromise or other adjustment or disposition of
any tax.
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, e60rd disclaimers of any part or all
n ,estpassing to or for me under any will, deed of trust or
'MNjse; and to direct my spouse's executor to elect to qualify or to elect not to
qualify for the marital deduction any portion or all of a marital deduction trust created
for me by my spouse.
Limited Gifts. To make limited gifts, as defined in Chapter 56 of the
Pennsylvania Probate, Estates and Fiduciaries Code. In addition, to make gifts to, or
for the benefit of, any donee who has been the recipient Df gifts from me or whom my
Agent reasonably considers to be the natural object Df my bounty. All gifts made
under this paragraph shall be gifts which can be excluded from taxable gifts by
sections 2503(b) or 2503(e) of the Internal Revenue Code, including exclusions
available through the use of Section 2513 Df the Internal Revenue CDde.
Continuation of Gift Proaram. To continue any program of gifts that I may
have begun by making gifts to anyone, including my agent, outright or to trusts which I
have previously created for their benefit.
Pavment of Fees to rnv Aaent. My agent shall be entitled to reasonable
compensation for services rendered hereunder.
Care of Mv Person. To take charge of my person in case of illness or disability,
of any kind; to authorize my admission to a medical, nursing, residential or similar
facility, and to enter into agreements for my care; and to remove and place me in such
institutions or places as my agent may deem best for my personal care, comfort,
benefit and safety after giving considerationto any wishes I have previously expressed
on this subject.
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ie'lmedical and surgical procedures upon me.
To create a revocable trust for my benefit under the terms
of which (i) my agent or anyone or more other persons or corporations with fiduciary
powers selected by my agent is named as the trustee or trustees, (ii) during my
lifetime the entire net income and as much of the principal as I or my agent directs or
my trustee thinks desirable shall be paid to me or as I or my agent directs, and (iii)
upon my death the principal and any undistributed income shall be payable to the
executor or administrator of my estate, and to transfer property to the trustee or
trustees hereunder.
Elective Share. To claim an elective share of the estate of my spouse, if I
survive my spouse.
Renounce Fiduciary Positions. To renounce fiduciary positions to which I
have been appointed or am serving.
Withdraw Trust Funds. To withdraw and receive the incDme or corpus of a
trust over Which I have a power of withdrawal.
Termination of Appointment as Mv Aaent. My agent's appointment
hereunder shall terminate by operation of law or upon (i) the delivery to me of my
agent's written resignatiDn or (ii) delivery to my agent of a written revocation of this
power signed by me, and my agent may request the written opinion of a licensed
physician stating that in his or her opinion I am not "incompetent" as that word is
defined in 20 Pa.C.S. Section 5501. Upon termination my agent shall return to my full
control any property of mine in my agent's possession within a reasonable time
consistent with an orderly transfer thereof. My agent's deposit of funds or intangible or
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,cbmpany, savings and loan institution, brokerage firm or depository
shall, after notice to me of such deposit, constitute return to my full control and my
agent shall have no further responsibility for funds SD deposited.
Emplovment of Others. To employ accountants, attorneys-at-law, investment
counsel, custodians, agents, servants, and others, to delegate to them, to remove
them, to appoint others in their places, and to pay them such remuneration as my
agent shall deem proper.
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
bond powers, vehicle registrations, financing statements and related filing documents,
reports of any sort to any government, authority or agency, as required or permitted by
law, deeds with or without covenants or warranties, and any other documents
appropriate for carrying out any of the foregoing powers.
General. To do all things which my agent shall deem proper in order to carry
out any of the foregoing enumerated powers, which shall be construed in the broadest
possible manner. The descriptive headings of this General Power of Attorney are
inserted for convenience only and shall not be deemed to affect the meaning or
construction of any of the provisions hereof or to limit in any way the construction
thereof in the broadest possible manner.
Substitution. My agent shall have full power of substitution and revocation,
and such substitution or revDcatiDn may relate to, or be limited to, anyone or more or
9
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my agent shall deem prDper.
Alternate. In the event my son, James Aiello, should be unable to serve as
agent hereunder for whatever reason, I appoint my grandson, Justin Aiello, as my
agent.
Ratification. I hereby ratify and confirm all that my agent or the substitute or
substitutes therefore shall lawfully do or cause to be done by virtue hereof.
Effect of Mv Disabilitv. This Power of Attorney shall not be affected by my
disability.
EXEC TED this / /.;;, day of ~
,2003.
A 0~_ ..,'/! J'1 a~
Samuel M. AlellD
10
, ower of Attorney and am the person
, enNor the Principal. I hereby acknowledge that in the absence of
a specific provision to the contrary in the Power of Attorney or in Chapter 56 of the
Pennsylvania Probate Estates and Fiduciaries 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 Df the Principal.
Dated: If /11 lIP;'
. L
k.u-- tZ/#;
~es Aiello
11
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COUNTY OF ADAMS
ss.
On this //I!, day of !Jr;A.fI
, 2003, before me, the undersigned
officer, personally appeared Samuel M. Aiello known to me (or satisfactorily proven) to
be the person whose name is subscribed to the foregoing instrument, and
acknowledged that he/she executed it for the purposes therein contained.
IN WITNESS WHEREOF, I hereuntD set my hand and official seal.
11" ~tV ~ (SEAL)
Not Public
NotanaJ Seal
Rose M. Jacobs, NoIaJy PubIJc
Get\ysb1llV Boro, Adams County
My CommissTon ExlJiresJan. 27, 2007
Member.~~ICJfItllarieti
12
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utk
COUNTY OF ADAMS
On this I !.Jh day of tlj2AU
, 2003, before me, the undersigned
officer, personally appeared Henry O. Heiser, III, Esquire, known to me (or
satisfactorily proven) to be a member of the bar of the highest court of said state and a
subscribing witness to the within instrument, and certified that he/she was personally
present when Samuel M. Aiello whose name is subscribed to the foregoing instrument
executed the same, and that said person acknowledged that he/she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
11&1. ~~~)
No ary ubhc
NoIarIaI6fia1
Rose M. Jacobs, NoIIuy PublIc
GettysbuqJ Boro. Adams ColI1ty
My CommissIon ElcpIres Jan. '0, 2007
Member, ~A8eodaIIon 0IN:Jfsrles
13
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SAMUEL M. AIELLO
In the Court of Common 'Pleas of
Cumberland County, Pennsylvania
--------------------------------------~~~~~--------
VS.
DAVID HELLO
Judgment in favor of Plaintiff on _____________________
January 29,2000 10,000
-_______________________________ for $________
01-738
No, _n_h__ _______m____ Term, w_.2.0_Q1
Fe bruary 6, 2001
Entered __________________________________ 19______
------------------------------------------~ZfT------
_ _~~~_~~_~ _ JJ:__ -A ~_':~~:>. ~ _ _ ~!'_ __J:~_"!~_ ~_ A!: ~_~!:9 !hl':'_~~_~_ _ 9LA~_~?_~~l!'L ___ _____m___ Plaintiff
in the above Judgment, do appear and acknowledge that I this day have had and received and
David Aiello
from ________~_____________________________________________----___________________________________________
the de~.endant in the above Judgment, OOlt~iX!~]{9C".isfaction of the sar.1e,~'Jt!X!Ji:iX!'lf~X~.l!']!']Sxand desired that
satisfaction therefore shall be entered upon the records thereof.
I " In the court of common pleas of
And furtherJ do hereby authonze and empower._____________________________________________________
cumberland co . for me
____________________ theProthonotary of saId Court, to appear _________________________-:.____________________
and in my Dame and stead to enter full satisfaction upon the record of said JudgmentJ as fully and effectually, to all
intents and purposes, as I XQ{1;il were
:J[<ll'iliiiXiIXK present in person to do so. And for so doing this shall be
your sufficient warrant of au;ority. , /11i
In testimony whereof, have hereunto set our hands and seals thlS _________________h____
'"' "' _____~""~Jr____________________________'~_~~------------____
(Seal)
(Seal)
State of Pennsylvania
County of Cumberland,
}
(Seal)
Personally appeared before me, the subscriber, _..r~_1lI!3_~_.A.~~_J,~_~__"!_!'._.E9Jt~_._.:::__<?LA~_~~_~~~l_i~~__
sam Lie 1 _~_.__c~~_:3:.~_<:~__~~~~_~~h~_:_J~:__~_~~_~~~~?_~.?..:~_~~h~:_~~_~~L!_~__~~__.t:~:.__~ers on
.-------- --
w~9_f!~__!!~.!l!~__j._~__~..l!PJ~9_:f'i:.'!?~Q.__t~h~hEL'l.'I__1:.t4J._I}__4.~!:i_t~~!l!.~!l.L~~__~~1Ql_~\:Y'J~_4B.~.L___
~hat he executed \he same for the purpose thereifi as . . .
,______ ___ __ __ ___ ____ _ hUh _ _ __ __ ___ ___h h_h _h__n _ __ _____ ___h _______h~____ _ _ _u _ n the PlalntIff m the
above Judgment, and in due form of law acknowledged the within and foregoing Power of Attorney to satisfy the Judg-
ment set forth, to be b.is act and deed, and desired that the same shall be filed of record in the office of the Prothon-
otaI)' of the Court of Common Pleas of said County. ~ _
h tho /Z"fl,' ;fA' '
ereunto set my and and seal 15 hh___ __1___ ____n_ _, _ _c.,_,__,_______
d of ~~.~~J:up~g----- _________________ A, j).l9[_~Q_Q4f I ~"
liUntington Twp., Adams County
My Commission ExpiRlSMar. 2, 2006 hnh_nn_h_h_ ./ ____ ____h_ - __ ______-.(Seal)
Member, PennSlWania Association Of Notaries
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