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HomeMy WebLinkAbout01-0738JUDGMENT NOTE $ 10,000.00 January 28 ,2000 On demand after date, I promise to pay to the order of Samuel Aie~lo _($ 10.000.00 )Dollers without defalcation, value received, with interest. And further, I do hereby authorize and empower the Prothonotary or any Aitomey 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 attorney'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 thru)ugh a Wdt 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 secudty for a personal loan between myself and Samuel Aiello , as of Janua 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. Witness my hand ~nd seal. (SEAL) Signed, sealed and delivered in the Presence of (5'~,L) 'L~ ~ Notarial Seal .......... PIr Huntington Twp., Adarn~ County _ Uy..?ornm,.~slr~r~ Expires Feb. 14, ~'001 ~A~,~I~ /.III~.L I f~ ]7o1! ) 7 3'72_ From: Davfd AJello 717-730-0469 To: Gary Ham'~an Dabe: 2/3/04 'lime: 11:20:30 AM Pa~ g of 19 SAMUEL M. AIELLO, Plaintiff DAVID AIELLO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLA/ND COUNTY, PENNA. CIVIL ACTION- LAW 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. IN WITNESS WHEREOF, I have hereunto set my hand and seal this / $ ~day of February, 2004. WITNESS COMMONWEALTH OF PENNSYLVANIA Samuel M. Aiello by COUNTY OF ADAMS : SS On this, the ] ~ 4~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 thc same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notarial Seal Irene M. Hartman, Notmy Public Gettysbuq~ Boro, Adams County My Commission Expires June 4, 2005 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: Samuel M. Aiello 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 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. 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 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, 2 alter or manage tangible or intangible personal property or any interest therein; and, without limitation, with respect to ahy 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 pedod of time, give or acquire options for sales, purchases, exchanges or lease..;, 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 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. Securities. 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 dghts of a security holder. !nsurance. 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 lloan by the mortgage or pledge of any property, and I specifically authorize my agent to borrow money and to United States Treasury par in 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 andy 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 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. 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 4 ~ seme pereonally pJ'esent~ provJ~led thet my agent shall not deposit or keep Jn a~Y such sefe deposit box any proper~ Jn which my agent has a personal interest. Any financial institution may continue to rely on this Power of Attorney until Jt receives written notice from me that this Pewer of Attorney Js revoked or actual notice of my death and shall be indemnified and hem harmless by me and my estate, personel representatives and heirs against any IJabiJi~ or loss, including lava, ers fees, costs ef 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 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 acceunts 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 counsel or otherwise to ms. 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 property, appeal, brief, claim for refund, or petition, in, cluding 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 institute and carry on either through counsel or 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. of any part or all passing to or for me under any will, deed of trust or andto 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 of gifts from me or whom my Agent reasonably considers to be the natural object of 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 of the Internal Revenue Code. Continuation of Gift ProRram. 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. Payment of Fees to my ARent, My agent shall be entitled to reasonable compensation for services rendered hereunder. Care of My 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 consideration to any wishes I have previously expressed on this subject. ? ioal and surgical procedures upon me. To create a revocable trust t~r my benefit under the terms of which (i) my agent or any one 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 preperty 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 income or corpus of a trust over which I have a power of withdrawal. Termination of Appointment as My A.qent. My agent's appointment hereunder shall terminate by operation of law or upon (i) the delivery to me of my agent's written resignation 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 8 in my name alone 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 so deposited. Employment of Other.~. 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 Documenf_,-. 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 revocation may relate to, or be lirnited to, any one or more or my agent shall deem proper. Alternate. In the event my sen, 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 My Disability. This Power of Attorney shall not be affected by my disability. Witne~ day of ~ 2003 Samuel M. Aiello l0 of Attomey and am the person ~for 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 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 of the Principal. Dated: ,~rnes Aiello 11 COUNTY OFADAMS ¸SS. On this //¥,~ day of //~?~.. ,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 hereunto set my hand and official seal. Nbt~,~ Public 12 COMMONWi COUNTY OFADAMS On this //~'~ day of //~ 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 ;md official seal. Nora ry, clP'u blic SAMOEL M. AIELL0 DA¥ID gIELL0 In the Court of Common 'Pleas of Cumberland County, Pennsylvania Judgment in favor of Plaintiff on ..................... january 29,2000 10,000 ................................. for $ ........ No ......... 01-758 Term, l~_J~0_01 Entered_ ?- ?- -6_'- _ _O_ _05 ........ 19 ...... in the above Judgment, do appcar and acknowledge that I this day have had and received and David Aiello from ...................................................................................................... the defendant, in thc above Judom~nent, f~X~,~y]~[~X(,~l~sais faction of the sante,,~X[l{~X~n~l~Xand desired that satisfaction therefore shah be entered upon the records thereof. · in the COUrt of common pleas o~ And further, I do hereby authorize ann empower ...................................................... C_/'l_m_?_?_~__]'_~__~_c~___~_.O__ theProthonotary of said Court, to appear ____~__O_:.__ffi_~_ ................................. and in my name and stead to enter full satisfaction upon the record of said Judgment, as fully and effectually, to ali intents and purposes, as I )[0fg~ were ~a~ present in person to do so. And for so doing thk~ shall be your sufficient warrant of authority. /~ In testimony whereof, I have hereunto set our hands and seals this ..................................... ................ (Seal) ............................................... (Scab State of Pennsylvania ] ................................................ (Seal) County of Cumberland, ames iello as ower Personally appeared before me, the subscriber, _~ ....... ~" .......... -'__..~ ............ i ......... ~_ ........ s above Judgment, and in due form of law acknowledged the w/thin and foregoing Power of Attorney to satisfy the Judg- ment set forth, to be 'his act and deed, and desired that thc same shall be filed of record in the office of the Prothon- otary of the Court of Common Pleas of said County. ' ~ ,~r'~--^-:, .~hf~.~,. T have hereunto set my hand and seal this ..... · ~/ B~r~ar. Zaoo6 / .................. .........................