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HomeMy WebLinkAbout03-29-12 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 THROUGHOU"T 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 Ai1THORITY. 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 lTS CONTENTS. DATE N L. TAYLOR c`7 -~. o _... _ .~ ~; _ ~ _U ~ ' __' -- r - __ :i .:.,~ ~ i _.,... ~~~~~ _^" C~.. "fl POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That I, FRANK L. TAYLOR, having my legal residence at 725 Oak Hill Drive, Boiling Springs, Cumberland County, Pennsylvania, have made, constituted and appointed, and by these presents do make, constitute and appoint GARY L. JAMES, or another member of the Trust and Estates Practice Group of the Law Firm of JAMES, SMITH, DIETTERICK & CONNELLY, LLP, my true and lawful agent, to act as follows, that is to say: 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 engage in tangible personal property transactions. 2. 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. 3. To engage in stock, bond and other securities transactions. 4. To engage in commodity and option transactions. 5. To engage in banking and financial transactions. 6. To borrow money. 7. To enter safe deposit boxes. 8. To engage in insurance transactions. 9 e in retirement plan transactions. a To en ? ~ ~ ; ~~-~ . g g o -, - - ~ _ ~_ 10 To handle interests in estates and trusts. ' i'_- r' lJ '7- f- ~_' . . ~.~~ ~ ~ -_ 11. To pursue claims and litigation. ~-' c ~ ~ -, 12. To receive government benefits. ~ ~ ` ~' ' r'; ~~ ~_. 13. To pursue tax matters. 2 14. To make limited gifts 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 gifts even if contrary to the provisions of 20 Pa.C.S. Section 5601(e). The foregoing gifts may be made for and on my behalf only to the beneficiaries designated in my Will then in effect according to the distributive provisions and method of distribution specified therein. My agent may make gifts of my property under this section outright, in trust (revocable or irrevocable) or in any other manner that my agent considers appropriate. By way of example and without limiting my agent's powers under this section, my agent is specifically authorized to make gifts by creating tenancy in common and joint tenancy interests or establishing irrevocable trusts including charitable or non-charitable split interest trusts. My agent may make gifts by establishing and contributing my property to corporations, family limited partnerships, limited liability partnerships, limited liability companies or other similar entities and by making gifts of interests in any of those entities. 15. 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. 16. To make additions to an existing trust for my benefit. 17. To consent to modification or termination of a noncharitable irrevocable trust as provided in 20 Pa.C.S. Section 7740(a), including execution of any and all documents required to effect the same. 18. To claim an elective share of the estate of my deceased spouse. 19. To disclaim any interest in property. 20. To renounce fiduciary positions. 2 L To withdraw and receive the income or corpus of a trust, including the power to: 3 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. To appoint successor agent if all of the agents in this Power of Attorney are unable or unwilling to serve. 23. 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. 24. This Power of Attorney shall not be affected by my subsequent disability, incapacity, or incompetence, since it is my desire that GARY L. JAMES, or another member of the Trust and Estates Practice Group of the Law Firm of JAMES, SMITH, DIETTERICK & CONNELLY, LLP has the power to act on my behalf as my true and lawful agents should I become disabled, incapacitated or incompetent. 25. This Power of Attorney shall revoke all other Powers of Attorney heretofore made by me. 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. 4 IN WITNESS WHEREOF, I, FRANK L. TAYLOR, have hereunto set my hand and seal this MAR Z 1 X012 WITNESS: ~~ ~ ~~~ ti ` FRA OR ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLV~iIA COUNTY OF CUMBERLAND ss On this, the MAC 7 ~ ~01~ ,before me a Notary Public, the undersigned officer, personally appeared FRANK L. TAYLOR, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~. N TARY PUBLIC CgMMgNWEALTH QF PENNSYLVANL4 Notarial Seal Linda L. Fetterhoff, Notary Pubilc Derry Twp., Dauphin County My Commission Expires Nov. 6, 2015 MEMBER,PENNSYLVANUTASSOCIATION OF NOTARIES 5 I, GARY L. JAMES, 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 I a member of the Trust and Estates Practice Group of the Law Firm of JAMES, SMITH, DIETTERICK & CONNELLY, LLP, 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. Uate By: A Member of the Trust and Estates Practice Group of the Law Firm of JAMES, SMITH, DIETTERICK & CONNELLY, LLP 6