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HomeMy WebLinkAbout01-0491 ..'III SAlDIS, GUIDO, SHUFF & MASLAND 26 W, High Street Carlisle. PA '= ~--... cQ \ - 0 \ - 4~ l 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 ACC9RDANCE 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 TERMIATES YOUR AGENT'S AUTHORITY. YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS. A COURT CAN TAKE AWAY THE POWER 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. r/C3!~' DATE I t(j~1~ WILLI S. SMITH, PRINCIPAL 1 SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High Street Carlisle. PA GENERAL POWER OF ATTORNEY I, William S. Smi th, of Cumberland County, Pennsylvania ("principal"), hereby appoint Jean M. Smith of Cumberland County, Pennsylvania and Suzanne K. Murray, severally and not jointly (hereinafter referred to as "my agent") my agent. My agents sha~l have 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. 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 I property that may be required to be paid or transferred by any contract or in the performance of any obligation entered into I or incurred by me or on my behalf. 2. Investments. To invest in all forms of real 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. 3. Reqistration of Propertv. unregistered or in the name of a nominee. To hold property 4. Personal Property. To buy or sell at public or private sale for cash or credit or partly for each, exchange, pledge, lease, give or acquire options for sales or exchanges or leases, or by any other means whatsoever to acquire, dispose of, repair, al ter or manage tangible or intangible personal property or any interest therein; and, without limitation, with 2 SAlDIS, GUIDO, SHUFF & MAS LAND 26 W. High Street Carlisle, PA 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. 5. Real ProDertv. 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 subdiyide real property; to manage real 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. - 6 . Securi ties. To vote in person or by proxy at any meeting, to join in any merger, reorganization, voting- trust plan or other concerted action of security holders, to make payments in connection therewith, and in general to exercise all rights of a security holder. 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 sort; and to exercise any non-forfeiture provisions of life insurance policies. 8. 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 pledge property as collateral for the purpose of purchasing Uni ted States Treasury Bonds which are redeemable at par in payment of federal estate taxes. 9. 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, 3 SAIDIS, GUIDO, SHUFF & MAS LAND 26 w. High Street Carlisle, PA 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 estater my personal representatives and heirs against any liability or lossr including lawyers I fees r 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 represen- tations of my agents 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. 10 . Safe Deposi t 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 regarding any safe deposit box which I now have or may hereafter acquire, the same as I could do if personally present; provided that my agent shall not deposit or keep in any such safe deposit any property in which my agents have a personal 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 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 actsr omissions or representations of my agents 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. 11. Receipts and Approval of Accounts. To receive a payment of any kindr including a bequest, devise, gift or other transfer of real or personal property to me in my own right or as a fiduciary for anotherr and to give full receipt and acquittance therefor, or a refunding bond therefor, 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. 12. Compromise and Arbitration of Claims. To com- promise or arbitrate any claim in which I may be in any manner interestedr and for that purpose to enter into agreements to compromise or arbitrate, and either through counselor 4 otherwise to carry on 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, 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. 14. 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 property, appeal, brief, claim for refund, or petition, including petition t~the United States Tax Court, in connection with any tax imposed or purported to be imposed by any government, authori ty or agency, or claimed, 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 i to execute wai vers of restrictions on the assessment and collection of deficiency in any taXi to execute closing agreements and all other documents, instruments and papers relating to any tax liability of 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 enter into any agreements or stipulations for compromise or other adjustment or disposition of any tax. 15. Disclaimer. To execute, deliver and file for record disclaimers of any part or all of any property, power or interest passing to or for me under any will, deed of trust or otherwise. SAlDIS, GUIDO, SHUFF & MASLAND 26 w. High Street Carlisle, PA 16. Creation of Trust. 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 direct, 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 thereunder. 5 SAIDIS, GUIDO, SHUFF & MAS LAND 26 W. High Street Carlisle, PA 17. Giftinq. To make such gifts of my property to one or more of my issue and charities in such form and amounts as my agent believes would be in accordance with my wishes. 18. Em'Olovment of Others. To employ accountants, attorneys-at-law, investment counsel, custodians, agents, ser- vants, and others, to delegate to them, to remove them, to appoint others in their places, and to pay them such remunera- tion as my agent shall deem proper. 19. Execution of Documents. To execute, del i ver, 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, authori ty - or agency, as required or permitted by law, deeds with or without covenants or warranties, and any other document appropriate---f6r carrying out any of the foregoing powers. 20. Health Care. To arrange for my entrance to and care at any hospital, nursing home, health center, convalescent home, retirement home, or similar institution, and to arrange for, consent to, waive and terminate any and all medical and surgical procedures on my behalf, including the administration of drugs, and to pay all bills for my care. 21. General. To do all things, which my agent shall deem proper in order to carry out any of the foregoing enumer- ated 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. 22 . Substi tution. My agent 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 other respect as my agent shall deem proper. 23. Effect of Mv Disabilitv. This is a durable power of attorney and it shall not be affected by my subsequent disability or incapacity. All acts done by my agent pursuant to this power shall have the same effect and shall inure to my benefit and bind me and my successors in interest as if I were competent and not disabled. 24. Ratification. I hereby ratify and confirm all 6 SAlDIS, GUIDO, SHUFF & MASLAND 26 w. High Street Carlisle, PA that my agent or the substitute or substitutes therefor shall lawfully do or cause to be done by virtue hereof. 25. Governinq Law. governed by and interpreted law. This power of attorney shall be in accordance with Pennsylvania IN WITNESS WHEREOF, I have hereunto set my hand and seal on this, the ~r&--- day of W~rSS : '. ( _. ~U~~Y~'~())L COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) , 1rol On this, the 2000, before ~ , 2000. PUtttl~r-1 J~ Wil iam S. Smith ( SEAL) day of j~OUS1 the undersigned officer, me, a notary public, personally appeared William S. Smith, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Power of Attorney, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTAR'AL SEAL . KAREN S. NOEL, Notary PubliC Oamp HI\I Boro, Cumbertand CountY My commission Expires Dec. 8, 2003 7 SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High Street Carlisle. PA ACKNOWLEGMENT BY AGENTS We, Jean M. Smith and Suzanne K. Murray have read the attached power of attorney and are the persons identified.as the agents for the principal. We hereby acknowledge that in the absence of a specific provision to the contrqry in the power of attorney or in 20 Pa.C.S. when we ac~-as agent: We shall exercise the powers for the benefit of the principal. We shall keep the assets of the principal separate from my/our assets. We shall exercise reasonable caution and prudence. We shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal. If/ f !o-t) ~)n, ~~ Jean M. Smith, Agent Date fit fa) Date 8