Loading...
HomeMy WebLinkAbout02-25-11ep\poa\EVANSalson POWER OF ATTORNEY (A Durable 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 PER- SONAL 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 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. /S~'~"-dam, V V' ALSON W. EVANS 1 gTop--o (Date) n i Uj ~ CI7 r' :::i ~_,~ f7L~~ T~. r ~'' ' ~ C _~. r ?7 ~ CrJ f" ' ~ ~~ ~ -~.,! I, ALSON W. EVANS, of the Borough of New Cumberland, County of Cumberland, Commonwealth of Pennsylvania, hereby appoint DALE WIERMAN, as my true and lawful agent to act in, manage, and conduct all my estate and all my affairs, and for that purpose for me and in my name, place, and stead, and for my use and benefit, and as my act and deed, to do and execute, or to concur with persons jointly interested with myself therein in the doing or executing of all or any of the follow- ing acts, deeds, and things to the fullest extent possible as provided in Chapter 56 of the Pennsylvania Probate, Estates and Fiduciaries Code as presently in effect and as hereinafter amended or in any statutory provisions which may hereafter be substituted therefore: (1) To engage in real property transactions. My agent shall have the power to sell and convey all of my real property, and any interest or right therein, including but not limited to the property known as 12 Haldeman Court, New Cumberland, Pennsylvania, 1826 Conard Road, Lancaster, Pennsylvania, and my interest in 207 Hoffer Street, Middletown, Pennsylvania, upon such terms as my attorney shall think proper. (2) To engage in tangible personal property transactions. (3) To engage in stock, bond and other securities transactions. (4) To engage in banking and financial transactions. (5) To enter safe deposit. boxes. (6) To engage in insurance transactions. (7) To engage in retirement plan transactions. (8) To handle interests in estates and trusts, including the power to claim the family exemption to the same extent as I personally could do under the provisions of Sections 3121-3126 of the Probate, Estates and Fiduciaries Code, or any similar provisions then in effect. (9) To pursue claims and litigation. (10) To receive government benefits. (11) To pursue tax matters. (12) To borrow money. 2 (13) To create a trust for my benefit. (14) To make additions to an existing trust for my benefit. (15) To claim an elective share of the estate of my deceased spouse. (16) To disclaim any interest in property. (17) To renounce fiduciary positions. (18) To withdraw and receive the income or corpus of a trust. (19) To authorize my admission to a medical, nursing, residential or similar facility and to enter into agreements for my care. (20) To authorize medical and surgical procedures. (21) To carry on any business interest owned by me for whatever period of time deemed proper, including the power to do any and all things deemed necessary or appropriate, including the power to incor- porate any unincorporated business; to vote any and all shares of stock owned by me in any such business; to borrow and to pledge assets owned by me as security for such borrowing; to assent to, join in, or vote in favor of or against any merger, reorganization, voting trust plan, or similar action, and to delegate discretionary duties with respect thereto; to delegate all or any part of the supervision, management and operation of the business to such person or persons as may be selected; and to close out, liquidate, or sell the business at such time and upon such terms as shall seem best. My agent shall not be held to personal liability for shrinkage of income or loss of capital value that may be incurred in the course of the operation of the business, except loss that may result from willful misconduct. (22) To engage and dismiss agents, counsel, and employees. (23) To enter into, perform, modify, extend, cancel, compromise, enforce, or otherwise act with respect to any contract of any sort whatsoever. GIVING AND GRANTING unto my said agent full power and authority to do and perform all and every act, deed, matter, and thing whatso- ever 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 enumer- 3 ated 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 here- under by my said agent shall be binding on myself, and my heirs, legal and personal representatives, and assigns. This Power of Attorney shall continue in force and may be accepted and relied upon by anyone to whom it is presented despite my purported revocation of it or my death, until actual written notice of such event is received by such person. In the event of my incom- petency or incapacity, from whatever cause, this Power of Attorney shall not thereby be revoked but shall thereupon become irrevocable during the period of my incompetency or incapacity, and may be accepted and relied upon by anyone to whom it is presented despite such incompetency or incapacity, subject only to it becoming void and of no further effect only upon receipt by such person either of (1) written evidence of the appointment of a guardian (or similar fiduciary) of my estate following adjudication of incompetency or incapacity, or (2) written notice of my death. This Power of Attorney shall not be affected by my subsequent disability or incapacity. In the event any court declares that I have become incompetent or incapacitated, I hereby state I prefer that no guardian of my estate or person be appointed so that my affairs may be conducted under this general durable power of attorney, but if the court proceeds to appoint a guardian of my estate or person then under the authority granted to me in Section 5604(c)(2) of the Probate, Estates and Fiduciaries Code I hereby nominate as such guardian of the estate or of my person the person or persons who is or are then serving under this general durable power of attorney. My agent hereby shall be entitled to reasonable compensation for services performed hereunder as well as to reimbursement for all reasonable costs and expenses actually incurred in carrying out any agent's duties and responsibilities hereunder. The agent acting under this power of attorney shall not be liable for any acts of commission or omission performed in good faith and shall be liable only for deliberate and intentional defalcation. 4 IN WITNESS WHEREOF, I have hereunto set my hand this ~_ day of ~~~ 2004 . ~~~, 4~ ALSON W. EVANS COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND On the ~ day of ~t1 ~ 2004, before me, the subscriber, a Notary Public, personally appeared the above named ALSON W. EVANS, and in due form of law acknowledged the foregoing Power of Attorney to be his act and deed and desired the same to be recorded as such. Witness my hand and Notarial Seal the day and year aforesaid. COMMONWEALTH OF PENNSYLVANI:~ NOTARIAL SEAL "~`"~ QAVID H. STONE, Notary Public New Cumberland Boro. Cumberland Co. My Commission Ex Tres Nov. 9, 2006 5 COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND I, DALE WIERMAN, 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 con- trary 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. Dat ) WIERMAN (Agent) 6 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND On this, the ~_ the undersigned officer, WIERMAN, known to me (or name is subscribed to th . SS. ;~ day of O(,~b~,~ 209~~', before me a Notary Public, personally appeared DALE satisfactorily proven) to be the person whose a within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. V~~~ 0~ Notary Public 7