Loading...
HomeMy WebLinkAbout03-0042January 16, 2003 Attn: Anne Registrar of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 MAUREEN A. GIULIAN RECORDING OF POWER OF ATTORNEY CERTIFIED COPIES OF RECORDED POA Dear Anne: Thank you for your call informing me of your procedure for certified true copies of recorded Powers of Attorney. As we discussed, enclosed are seven (7) copies of the Maureen A. Giulian POA for you to stamp as certified true copies. An envelope was provided with my letter of request dated January 10, 2003. Anne, would you please deliver the check and the original POA I sent you in my January 10, 2003 communication plus the seven (7) copies enclosed to the Cumberland County Recorder of Deeds office. I believe this is the appropriate place to record this document. I apologize for the confusion. Thank you for your prompt attention to this matter. Sincerely, Nancy L. Ludwig Paralegal :NLL Enclosures sESTATE ECURITY Nancy L. Ludwig Paralegal nludwig~jsdlegal.com 134 SfPE AVENUE HUMMELSTOWN, PA 17036 MAILING ADDRESS RO. BOX 650 HERSHEY, PA 17033 TOLL FREE 1.800.942.3660 TEL 7175333280 FAX 717.5337771 www.lamesestateplan.corn January 10, 2003 Mary C. Lewis Registrar of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 MAUREEN A. GIULIAN RECORDING OF POWER OF ATTORNEY CERTIFIED COPIES OF RECORDED POA Dear Ms. Lewis: This letter is to request the recording of the Power of Attorney for Maureen A. Giulian and seven (7) certified copies of the recorded POA. Enclosed is a check in the amount of $34.00 to cover the costs. Please send the recorded POA and certified copies to me in the envelope provided. Thank you for your prompt attention to this matter. Sincerely, Nancy L. Ludwig Paralegal :NLL Enclosures sESTATE ECURITY Nancy L. Ludwig Pamlegal nludwig~jsdlegal.com 134 SIPE AVENUE HUMMELSTOWN, PA 17036 MAILING ADDRESS RO BOX 650 HERSHEY, PA 17033 TOLL FREE 1.800.942,3660 TEL 717533 3280 FAX 7175337771 www.jamesestateplan.com Property Power of Attorney of MAUREEN A. GIULIAN KNOW ALL MEN BY THESE PRESENTS: That I, MAUREEN A. GIULIAN, currently residing in Cumberland County, Pennsylvania, intend to create a General Durable Power of Attorney and have made, constituted and appointed, and by these presents do make, constitute and appoint the following, person(s) to serve as my Agent(s), in the order in which their names appear: BERTRAND B. GIULIAN; THEN SARAH GIULIAN; THEN KATHLEEN A. CACCAMO An Agent shall be replaced upon his or her death, resignation or incapacity and the next Successor Agent, in the order named above, shall replace and succeed him or her as Successor agent and shall carry out the terms of this General Durable Power of Attorney as set forth herein. GIVING AND GRANTING unto my said Agent full power to buy, receive, lease, accept or otherwise acquire; to sell, convey, mortgage, hypothecate, pledge, quitclaim or otherwise encumber or dispose of; to contract or agree to the acquisition, disposal or encumbrance of any property whatsoever and wheresoever situate, be it real, personal or mixed, or any custody, possession, interest, or right thereon or pertaining thereto, upon such terms as my said Agent shall think proper, that is to say: 1. To do everything necessary to transfer, assign, convey, and deliver any interest I may have in property owned by me to: dated MAUREEN A. GIULIAN LWING TRUST, J,~] [} - 200~] , and any amendments thereto 2. To engage in tangible personal property transactions. 3. To engage in real property transactions including the power to make, execute, acknowledge and deliver good and sufficient deeds and conveyances for the same, either with or without covenants of warranty. 4. To engage in stock, bond and other securities transactions. 5. To engage in commodity and option transactions. 7. 8. 9. 10. To engage in banking and financial transactions. To borrow money. To enter safe deposit boxes. To engage in insurance transactions. To engage in retirement plan transactions. To handle interests in estates and trusts. To pursue claims and litigation. To receive government benefits. To pursue tax matters. To make limited girls and, further, such other gifts, of whatever nature and in such amounts as my Agent, in my Agent's sole discretion, determines appropriate. I authorize my Agent to make such girls even if contrary to the provisions of 20 Pa.C.S. Section 5601(e). The foregoing girls may be made for and on my behalf to my spouse, BERTRAND B. GIULIAN, and my daughters, SARAH GIULIAN and VICTORIA GIULIAN, provided that gifts need not be equal among classes but must be equal within a class. 16. To create a trust for my benefit, including the power to execute a deed of trust, designating one or more persons (including my Agent) as original or successor trustees and transfer to the trust any or all property owned by me as my Agent may decide, subject to the following conditions: A. The income and corpus of the trust shall be distributable to me or 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 may be amended or revoked at any time and from time to time, in whole or in part, by my Agent, provided that any such amendment by my Agent shall not include any provisions which could not be included in the original deed. 17. 18. 19. To make additions to an existing trust for my benefit. To claim an elective share of the estate of my deceased spouse. To disclaim any interest in property. 20. To renounce fiduciary positions. 21. To withdraw and receive the income or corpus of a trust, including the power to: A. Demand, withdraw and receive the income or corpus of any trust over which I have the power to make withdrawals; B. Request and receive the income or corpus of any trust with respect to which the trustee thereof has the discretionary power to make distribution to me or on my behalf; and C. Execute a receipt and release or similar document for the property received under paragraphs A and B. 22. My Agent shall be entitled to charge reasonable compensation for services rendered and expenses incurred from time to time and at any time during the term of this Power of Attorney. 23. To appoint successor Agent(s) if all of the Agent(s) in this Power of Attomey are unable or unwilling to serve. 24. This Power of Attorney shall not be affected by my subsequent disability, incapacity, or incompetence, since it is my desire that the following persons(s), in the order in which their names appear, have the power to act on my behalf should I become disabled, incapacitated or incompetent: BERTRAND B. GIULIAN; THEN SARAH GIULIAN; THEN KATHLEEN A. CACCAMO GIVING AND GRANTING unto my said Agent full power and authority to do and perform all and every act, deed, matter, and thing whatsoever in and about my estate, property, and affairs as fully and effectually to all intents and purposes as I might or could do in my own proper person if personally present, the above specially enumerated powers being in aid and exemplification of the full, complete, and general power herein granted and not in limitation or definition thereof; and hereby ratifying all that my said Agent shall lawfully do or cause to be done by virtue of these presents. AND, I hereby declare that any act or thing lawfully done hereunder by my said Agent shall be binding on myself, and my heirs, legal and personal representatives, and assigns; whether the same shall have been done before or after my death, or other revocation of this instrument, unless and until reliable intelligence or notice thereof shall have been received by my said Agent. IN WITNESS WHEREOF, this General Durable Power of Attorney is executed by me on JAN 9 - 2003 , in the County of Cumberland, Commonwealth of Pennsylvania. WITNESS: MAUREEN A. GIULIAN ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this JAN §- 2003 , before me, a notary public, the undersigned officer, personally appeared MAUREEN A. GIULIAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. (SEAL) iq6'tary Public Notarial Seal Linda L. Fetterhoff, Notary Public Derry Twp., Dauphin County My Commission Expires Nov. 8, 2003 I, BERTRAND B. GIULIAN, have read the attached power of attorney and am the person identified as the agent for the principal. I 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 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 of the principal. Date BERTRAND B. GIULIAN I, S~L~d4 GIULIAN, have read the attached power of attorney and am the person identified as the agent for the principal. I 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 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 of the principal. Date SARAH GIULIAN I, KATHLEEN A. CACCAMO, have read the attached power of attomey and am the person identified as the agent for the principal. I 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 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 of the principal. Date KATHLEEN A. CACCAMO 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 GWEN 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 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 OWN CHOOSING TO EXPLAIN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS. JAN 9- 2003 DATE MAUREEN A. GIULIAN