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HomeMy WebLinkAbout06-01-09CHARLES W. RUBENDALLII KEEPER WOOD ALLEN &RAHAL, LLP ESTABLISHED IN 1878 ROBERT L. WELDON ATTORNEYS AT LAW EUGENE E. PEPINSKY, JR. OF COUNSEL: JOHN H. ENOSIII 210 WALNUT STREET N. DAVID RAHAL GARY E. FRENCH P. O. BOX 11963 SAMUEL C. HARRY DONNA S. WELDON BRADFORD DORRANCE HARRISBURG, PA 17108-1963 WEST SHORE OFFICE: JEFFREY 5. STOKES PHONE 1717) 255-8000 635 NORTH 12'" ST., SUITE 400 ROBERT R. CHURCH LEMOYNE, PA 17043 STEPHEN L. GROSE FAX (717) 255-8050 (7171612-5800 R. SCOTT SHEARER - ELYSE E. ROGERS EIN NO. 2 3-071613 5 WRITER'S CONTACT INFORMATION: CRAIG A. LONGYEAR www.keefe~wood.com JOHN A. FEICHTEL STEPHANIE KLEINFELTER May 28 2009 DONALD M. LEWISIII , ERIC R. AUGUSTINE (717) 255-8015 TODD F. TRUNTZ gfrench@keeferwood.com LAUREN S. WELDON 3rd Floor Fax: (717) 255-8050 CERTIFIED MAIL -RETURN RECEIPT REQUESTED ~- Register of Wills c ' n_, Cumberland County Courthouse ~' ~; : _ _~ High & Hanover Streets ~' -_;~ c_~ a~_ . I ~-, 1 Carlisle, PA 17013 ~ = r : , r, ,~ =~ Re: Margaret B. Masters - ~ ~' ~ ' - ~• _' General Power of Attorney for Property Mana eg ment ,., _~ ~::' ` '' ,. -~ r.~ Dear Sir or Madam: ~- Enclosed herewith is an original General Power of Attorney for Property Management for Margaret B. Masters. Please record the document in your proper records. Also enclosed is our firm's check in the amount of $45, which represents the filing fee of $35 and $10 for two certified copies. We have enclosed aself-addressed, stamped envelope for your use in returning the certified copies to us. If you have any questions about the foregoing, please do not hesitate to contact the undersigned. Very truly yours, KEEPER WOOD AL &RAHAL, LLP By Gary E. French GEF/kch Enclosures DURABLE GENERAL POWER OF ATTORNEY FOR PROPERTY MANAGEMENT I, MARGARET B. MASTERS, of the Borough of Wormleysburg, Cumberland County, Pennsylvania, do make and declare this to be my Durable General Power of Attorney for Property Management, hereby revoking all powers of attorney made by me before this date. I hereby appoint CRYSTAL U. HACKETT and GARY E. FRENCH, as my true and lawful co-agents ("my co-agents") with full power of substitution, for me and in my name to transact all my business and to manage all my property and affairs to the fullest extent permitted under Pennsylvania law as I might do if personally present, including but not limited to exercising the following powers: 1. Banking and Financial Transactions. To engage in banking and financial transactions, including, but not limited to collect and receive any money and assets to which I maybe 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, and to draw and sign checks for me and in my name, including any accounts opened by my co-agents in my name at any bank or banks, savings society or elsewhere, and to receive and apply the proceeds of such checks as my co-agents deem best. With regard to the power to draw and sign checks, I authorize either of my co-agents to draw and sign checks on my accounts without the need for signatures of both co-agents. 2. Stocks and Bonds. To engage in stock, bond and other securities transactions and to engage in commodity and option transactions, including, but not limited to take custody of my 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 therefor; 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. 3. Personal Property. To buy or sell at public or private sale for cash or credit or by any other means whatsoever; to acquire, dispose of, repair, alter or manage my tangible personal property or any interests therein. 4. Real Estate. To engage in real property transactions, including, but not limited to lease, sell, release, convey, extinguish or mortgage any interest in any real estate I may own, on such terms as my co-agents deem advisable, and to purchase or otherwise acquire any interest in and acquire possession of real property and to accept all deeds for such property; and to manage, repair, improve, maintain, restore, alter, build, partition and subdivide (and file plans, 2 applications, or other documents in connection therewith) or develop any real property in which I now have or may later acquire an interest. 5. Safe Deposit Boxes. To have access to all safe deposit boxes now or hereafter standing in my name; and to add to and to remove all of the contents thereof; and to enter into leases for such safe deposit boxes or surrender them. 6. Insurance. To procure, change, carry or cancel insurance of such kind and in such amounts against any and all risks affecting property or persons against liability, damage or claim of any sort, and to sell or transfer ownership of insurance policies on my life. 7. Retirement and Other Benefit Plans. To engage in benefit and retirement plan transactions, including, but not limited to apply for and receive any government, insurance and retirement benefits to which I may be entitled and to exercise any right to elect benefits or payment options; to terminate, to change beneficiaries or ownership, to assign rights, to borrow 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 or benefits, mutual fund and other dividend investment plans and retirement, profit sharing and employee welfare plans and benefits. 8. Government Benefits. To receive government benefits on my behalf, including, but not limited to prepare, sign and file any claim or application for Social Security, unemployment, military service or other government benefits on my behalf; to collect and receipt for all government benefits or assistance available to me; and, in general, to exercise all powers with respect to government benefits that I could if present. 9. Taxes. To represent me in all tax matters; to prepare, sign and file federal, state and/or local income, gift and other tax returns of all kinds, including all Internal Revenue Service forms numbered 1 through 10,000, joint returns, claims for refunds, requests for extensions of time, petitions to the U.S. Tax Court or other courts regarding tax matters, and any and all other tax related documents, including but not limited to, consents and agreements under Section 2032A of the Internal Revenue Code or any successor section thereto and consents to gifts, closing agreements and any power of attorney form required by the Internal Revenue Service, or its equivalent and/or any state and/or local taxing authority with respect to any tax year between the years 1970 and 2020; to pay taxes due, collect and make such disposition of refunds as my co-agents shall deem appropriate; post bonds, receive confidential information and contest deficiencies determined by the Internal Revenue Service and/or any state and/or local taxing authority; to exercise any elections I may have under federal, state or local tax laws; and generally to represent me or to obtain professional representation forme in all tax matters and proceedings of all kinds and for all periods between the years 1970 and 2020 before all officers of the Internal Revenue Service and state and local authorities; to engage, compensate and discharge attorneys, accountants and other tax and financial advisors and consultants to represent and/or assist me in connection with any and all tax matters involving or in any way related to me or any property in which I have or may have any interest or responsibility. 3 10. Borrow. To borrow money for my account on whatever terms and conditions my co-agents deem advisable, including the right to borrow money on any insurance policy issued on my life for any purpose; and to pledge, assign, and deliver such policies as security without any obligation whatsoever on the part of such insurance company to determine the purpose for such loan or the application of the proceeds. 11. Emuloyment of Others. To retain attorneys, investment counsel, accountants, custodians, physicians, dentists, nurses, therapists and other persons to render services for or to me or my estate and to pay the usual and reasonable fees and compensation of such persons for their services. 12. Renunciation of Fiduciary and Other Positions. To renounce any fiduciary position to which I have been appointed, including the custodianship of any property held for the benefit of a minor; to resign any fiduciary position in which I may be serving and either file an accounting with a court of competent jurisdiction or settle on receipt and release or other informal method as my co-agents deem advisable; and to renounce any position as an officer or director of any corporation, or political or governmental body. 13. Claim Elective Share. To elect to take against the will and conveyances of my spouse after his/her death, if appropriate, and 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 actions which my co-agents deem appropriate in order to effectuate the election. 14. Disclaimer of Interests. To release or disclaim on my behalf any interest in property. 15. Operation of Business. To continue the operation of any business belonging to me, or in which I have a substantial interest, for such time and in such manner as my co-agents may deem advisable, including representing me at shareholders' meetings and voting proxies; to sell or liquidate any business, or interest therein, at such time and on such terms as my co-agents deem advisable and in my best interest; or to incorporate any business at such time and on such terms as my co-agents deem advisable and in my best interest. 16. Power to Pursue Claims and Litigation. To institute any action or claim, prosecute, defend, compromise or otherwise dispose of any to appear forme 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 persons, and to obtain, discharge and substitute counsel and authorize appearance of such counsel to be entered for me in any such action or proceeding; and to compromise or arbitrate any claim in which I may be in any manner interested and for that purpose to enter into agreements or compromise or arbitrate (including the power to waive any privileges and/or conflicts of interests), either through counsel or otherwise to carry on such compromise or arbitration and perform or enforce any award entered in arbitration. 4 17. Power to Withdraw. To demand, withdraw and receive the income or corpus of any trust over which I have the power to make withdrawals; to request and receive the income or corpus of any trust with respect to which the trustee has the discretionary power to make distribution to or on my behalf; and to execute a receipt and release or similar document for the property so received. 18. Gifts. To make gifts to any donee or class of donees (including any individual co-agent designated herein) in such amounts as shall not exceed, when taken, in aggregate, applicable exclusions or exemptions limits, whether annual or otherwise, under Federal laws for estate and gift taxation, and to do so, as my co-agents may deem appropriate, through outright gifts, through gifts under the Pennsylvania Uniform Transfer to Minors or the Uniform Transfers (or Gifts) to Minors Act of any state, and through gifts to short-term or long-term trusts, including, but not limited to, annual exclusion-type trusts. 19. Power to Create A Trust. To execute a deed of trust, designating one or more persons (including my co-agents) as original or successor trustee and transfer to the trust any or all property owned by me as my co-agents may decide, subject to the following conditions: A. The income and corpus of the trust shall either be distributable to me or to the guardian of my estate, or be applied for my benefit, and upon my death, any remaining balance of corpus and unexpended income of the trust shall be distributed to my estate. B. The deed of trust maybe amended or revoked at any time and from time to time, in whole or in part, by me or my co-agents, provided that any such amendment by my co-agents shall not include any provisions which could not be included in the original deed. 20. Additions to an Existing Trust Benefiting Me. To add, at any time or times, any or all of the property owned by me to any trust in existence for my benefit when this power was created, provided that the income and principal of the trust shall either 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 is directed to be distributed either to my estate or in a manner consistent with my Last Will and Testament or other final testamentary document. 21. Power to Handle Interests in Estate and Trusts. My co-agents shall have the power to handle interests in estates and trusts. My co-agents: A. may receive a bequest, devise, gift or other transfer of real or personal property to me or as a fiduciary for another and give full receipt and acquittance therefor or a refunding bond therefor; 5 B. approve accounts of any estate, trust, partnership or their transactions in which I may have an interest; and, C. enter into any compromise and release in regard thereto. 22. General. Generally, to do and perform all matters and things, transact all business, make execute and acknowledge all contracts, orders, writings, assurances and instruments which maybe requisite or proper to effectuate any matter or things appertaining or belonging to me, with the same powers, and to all intents and purposes with same validity as if I could be personally present. It is my intention in this paragraph to give my co-agents the broadest possible power, without limitation to any of the kinds or classes of matter or powers specifically enumerated above. My co-agents may delegate any one or more powers granted herein to one or more persons and on such terms as the co-agents may designate and specify. My co-agents shall have such additional incidental powers necessary to effectuate this Durable Power of Attorney and to carry out all decisions pursuant hereto, including but not limited to instituting any action in my name and on my behalf in any court or forum for the purpose of enforcing any and all decisions that my co-agents shall make, and appearing for me and in my behalf before any tribunal or court having jurisdiction of any claims arising out of or relating to my medical treatment and care. This Durable General Power of Attorney for Property Management shall become effective immediately. Prior to the effective date of this power of attorney, I may from time to time execute one or more special powers of attorney in favor of my co-agents herein, or in favor of any other person or entity. This power of attorney shall not be affected by my subsequent disability or incapacity, pursuant to 20 Pa. C.S.A. §5604 or any other law of any jurisdiction which now or hereafter authorizes durable powers of attorney. All acts done by my co-agents pursuant to this power during any period of my disability or incapacity shall have the same effect and inure to my benefit and bind me and my successors in interest as if I were competent and not disabled. Questions pertaining to the validity, construction and powers created under this instrument shall be determined in accordance with the laws of the Commonwealth of Pennsylvania. The powers delegated under this power of attorney are separable, so that the invalidity of one or more powers shall not affect any others. This power maybe accepted and relied upon by anyone to whom it is presented until: (a) such person receives actual written notice of revocation by me or a guardian or similar fiduciary of my estate, or (b) such person has actual knowledge of my death. All actions of my co-agents shall bind me and my heirs, distributees, legal representatives, successors and assigns, and for the purpose of inducing anyone to act in 6 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 or parties harmless from any loss suffered or liability incurred by such party or parties while acting in accordance with this power prior to that party's receipt of written notice of any such termination or amendment. I hereby nominate my co-agents herein appointed as guardian of my estate in accordance with 20 Pa. Con. Stat. § 5604(c)(2) and any successor section which authorizes me to nominate the guardian of my estate if incompetency proceedings for my estate are hereafter commenced. Should CRYSTAL U. HACKETT be unable or unwilling to act or to continue acting as a co-agent, the accounting firm with which she is associated or with which she was last associated shall appoint another accountant as her successor. Should GARY E. FRENCH be unable or unwilling to act or to continue acting as a co-agent, the law firm with which he is associated or with which he was last associated shall appoint another attorney as his successor. If either CRYSTAL U. HACKETT or GARY E. FRENCH is unable or unwilling to act or to continue acting as a co-agent, and no successor is appointed by the firm with which she or he was last associated, then I appoint MELLON BANK, N.A., of Harrisburg, Pennsylvania, as substitute agent to serve as such hereunder with all powers of the original co-agent. It is my intention that two co-agents act on my behalf at all times unless both individuals become unable or unwilling to act, in which case Mellon Bank shall serve as my sole attorney-in-fact hereunder. I have signed this Durable General Power of Attorney for Property Management this ~~~~ day of w ~'~ , 2007. Witness: ~~- -~.~s G B. MASTERS 7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. On this day of , 2007, personally appeared before me, a Notary Public in and for the said County and State, the above named MARGARET B. MASTERS, who acknowledged the foregoing Power of Attorney to be her voluntary act and deed for the purposes expressed therein. I have signed my name and affixed my notarial seal on the day and year aforesaid. ~. Notary Pu 'c t~~ N I~I~a 11~e 6~MMIi1Q 1~ 1 8 ACKNOWLEDGMENT Co-agents shall have no authority to act as co-agents under the power of attorney unless the co-agents have first executed and affixed to the power of attorney an acknowledgment in substantially the following form: We, CRYSTAL U. HACKETT and GARY E. FRENCH, have read the attached power of attorney and are the persons identified as the co-agents for the principal. We 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 co-agents: We shall exercise the powers for the benefit of the principal. We shall keep the assets of the principal separate from 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. ~~ '~ Date 2~ 07 Date ~- k CRYSTAL U. GARY ~ FRENCH 9