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HomeMy WebLinkAbout05-11-05 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION ESTATE OF PAUL RICHARD ROWE, Deceased NO. 21-05-0355 SS # 162-22-2238 ELECTION TO TAKE AGAINST WILL AND CONVEYANCES To the Executors of the Estate of Paul Richard Rowe, DeceJsed: I, Virginia N. Rowe, am the surviving spouse of Paul Richard Rowe, deceased, and I hereby elect to take my elective share of the Estate of Paul Richard Rowe, pursuant to 20 Pa.C.S.A.~2203. Dated: ~ft~ 11; Za:1.5.~ . }) By:. 4J~ o/V. Ji~ Virginia N. Rowe Dated: iv7 (( .;lOOS l Cl.'1 '7 I By: COMMONWEAL TH OF PENNSYL VANIA COUNTY OF CUMBERLAND C,,) This 4th day of May, 2005, before me, a notary public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared, Michael T. Rowe, known to me or satisfactorily proven to be the person whose name is subscribed to the above Election as Attorney-in-Fact for Virginia N. Rowe and the above acknowledged that he executed the same as the act of his principal for the purposes therein contained and in the capacity therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. '\ 'J cPl/f /J fif ' j lJL-)lJ. NOTARIAL SEAL RENEE l. MURRAY, Notary Public Ca~isle Bore, Cumberland County, PA .M~.~O",l1lissioll_~_Xll!r.e'" 0"', 1:).200f V'- ;),1-- SAIDIS, SHUFF & MASLAND A'ITORNEYS'ATILAW 26 W. High Street Carlisle, PA \ - ( \r) 45 a1 d S~,~'6 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 THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME :):NCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMIATES YOUR AGENT'S AUTHORITY. YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS . A COURT CAN TAKE AWAY THE POWER 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 UNDER TAND ITS CONTENTS. . Z e 'Zo-tJ CJ DAT t:~ j~' ~:; n.; C"';,' , . ::0 q t_ 1 r- ::1,(') :t:> C"Cl-:";S 2: n-:. -t t!J J.~,,-::: ::0 <:> c.' .:3 O"'l~ CO c:: r;:, f'r1 .:2: n, 'C;, . _ -I n1 r- r--o -on'" c::> I'" (I') ~j -,., . lfti1.l;'A/I~ \1;/. f~ VIRG' IA N. ROWE, PRINCIPZ).L <::J W :::n gs f\:) I---> 1 BODY, 700 p/.(;E3839 SAID IS, SHUFF & MASLAND _ ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA / ( ) r . . { ('.-\ -,"-",\ . " , " POWER OF ATTORNEY I, VIRGINIA N. ROWE, of Cumberland County, Pennsylvania (>>principal>>), hereby appoint PAUL R. ROWE of Cumberland county, pennsylvania (hereinafter referred to as "my agent") my agent. If PAUL R. ROWE is unable or unwilling to serve, or once having qualified, is unable or unwilling to continue to serve, I appoint MICHAEL T. ROWE of Cumberland county as successor. My agent shall have full power of substitution, for me and in my name, to transact all my business and to manage all my property and affairs as I might do if personally present, including, but not limited to exercising the following powers: 1. 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.. 2. Investments. To invest in all foms 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. 3. Reqistration of Property. unregistered or in the name of a nominee. To hold property 4. Personal Propertv. 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 2 ~QUX 700 PAGE,3840 ! SAID IS, SHUFF & MASLAND A'JTORNEYS-AT.LAW 26 W. High Street Carlisle, PA (:~'\ ( ",.-., / \ .,..- '..\ .' leases, or by any other means whatsoever to acquire, dispose of, repair, alter or manage tangible or intangible personal property or any interest therein; and, without limitation, with respect to any securities, to comply with any securities laws or regula- tions' to execute indemnity agreements, to purchase insurance and to pay commissions or discounts required by any underwriting. 5. 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 period of time, give or acquire options for sales, purchases, exchanges or leases, 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. 6. 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 rights of a security holder. 7. Insurance. 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. 8. Loans. To borrow money in such amounts for such periods and upon such terms as my agent shall deem proper and to secure any loan by the mortgage or pledge of any property, and I specifically authorize my agent to borrow money and to pledge property as collateral for the purpose of purchasing United States Treasury Bonds which are redeemable at par in payment of federal estate taxes. 9. 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, transac- tion or other deposit accounts in my name; to purchase and redeem savings certificates, certificates of deposit or similar instru- ments 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, 3 BOOK '700 PAGE3841 SAIDlS, SHUFF & MASLAND ATIDRNEYS.AToL\W 26 W. High Street Carlisle, PA ,~ ( (- \ .-, . I' ) \ . "n. 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, my personal representatives and heirs against any 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, omi,ssions or represen- tations of my agents 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. 10. Safe Denosi t 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 regarding any safe deposit box which I now have or may hereafter acquire, the same as I could do if personally present; provided that my agent shall not deposit or keep in any such safe deposit any property in which my agents have a personal interest. 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 any 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 agents 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. 11. Receipts and Annroval 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 therefor, or a refunding bond therefor, to approve accounts 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. 4 BOUK 700 PAGE,3842 SAID IS, SHUFF & MASLAND ATIORNEYS.AToLAW 26 W. High Street Carlisle, PA ~. (: \,. , i, (r\ ", " I 12. Compromise and Arbitration of Claims. To com- promise 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 counselor otherwise to carryon such compromise or arbitration and perform or enforce any award entered in arbitration. 13. Institution and Defense of Claims. To institute, prosecute, defend, compromise, or otherwise dispose of, and to appear for me in, any proceedings at law or in equity or other- wise 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. 14. Taxe.s. To prepare, execute and file in my name and on my behalf any return, report, protest, applica'tion for correction of assessed valuation of real or other property, appeal, brief, claim for refund, or petition, including 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 claimed, 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 carryon either through counselor otherwise any proceeding in connection with contesting any such tax or to recover any tax paid, or to resist any claim for addi- tional 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. 15. Disclaimer. To execute, deliver and file for record diSClaimers of any part or all of any property, power or interest passing to or for me under any will, deed of trust or otherwise. 16. Creation of Trust. To create a revocable trust for my benefit under the terms of which (i) my agent or anyone or more other persons or corporations with fiduciary powers selected by my agent is named as the trustee or trustees, (iil during my lifetime the entire net income and as much of the 5 BOOK 700 p~GE3843 SAlOIS, SHUFF & MASLAND A'M'ORNEYs.",.'r-uw 26 W. High Street Carlisle, PA ,r-", I (-' . . ) :,. \ principal as I or my agent directs or my trustee thinks desirable shall be paid to me or as I or my agent direct, 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 property to the trustee or trustees thereunder. spouse, amounts wishes. 17. one or as my Gifting. To make such gifts of my property to my more of my issue and charities in such form and agent believes would be in accordance with my 18. Employment of Others. To employ accountants, attorneys-at-law, investment counsel, custodians, agents, ser- vants, 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. 19. Execution of Documents. 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 document appropriate for carrying out any of the foregoing powers. 20. Health Care. To arrange for my entrance to and care at any hospitaL nursing home, health center, convalescent home, retirement home, or similar institution, and to arrange for, consent to, waive and terminate any and all medical and surgical procedures on my behalf, including the administration of drugs, and to pay all bills for my care. 21. 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. 22. Substitution. My agent shall have full power of substitution and revocation, and such substitution or revocation may relate to, or be limited to, anyone or more or all of the foregoing acts or powers, or be limited as to time or in such other respect as my agent shall deem proper. 6 BOOK 700 PAGE3844 SAIDIS, SHUFF & MASLAND ATTORNEYS-AT.LAW 26 W. High Street Carli8le, P A .~ ( \ - .' I \ ("'11 23. Effect of My Disability. This is a durable power of attorney and it shall not be affected by my subsequent disability or incapacity. All acts done by my agent pursuant to this power shall have the same effect and shall inure to my benefit and bind me and my successors in interest as if r were competent and not disabled. 24. that my agent lawfully do or Ratification. I hereby ratify and confirm all or the substitute or substitutes therefor shall cause to be done by virtue hereof. 25. Governinq Law. This power of attorney shall be governed by and interpreted in accordance with Pennsylvania law. IN WITNESS WHEREOF, I have hereunto set my hand and seal on this, the zB --- --J \) L..~ , 2000. day of "~ q~/1-~~J..1V ')1., /ftU.A....Jl Virgin~ N. Rowe (SEAL) , ."l'. .'i~ . Recorder of Deeds 7 BOOK 700 PAGE3tH,5 SAlOIS, SHUFF & MASLAND A'l7ORNE:YS-AT-UW 26 W. High Street . Carl1slc, P A ---, ( \ /'-~ ( "/ J I '\ /'-.'-"', i ' COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) On this, the (}.!I-:I day of q~ 2000, before me, a notary public, the unders~gned officer', personally appeared Virginia N. Rowe known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Power of Attorney, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~OTAR1M.~,___ !:r~: KANDIL..lENKER.NOI#Vl1~ :";: CARIJ8LE 1lORO. ClJt.lSEllLAND COLWI'I ':\ IIY COIoQIIBllION EXl'1RES FEBRU_ 20. 2IIlIl ' 8 BOOK ':.'00 PAGE,3846 I ., " . SAIDIS, SHUFF & MASLAND ATt'ORNEYS.AT-IAW 26 W. High Sl:teet Carlisle, P A (.~\ \ .( 1 1....'\ I 'i", j I ACKNOWLEGMENT BY AGENT AND SUCESSOR AGENT We, PAUL R. ROWE and MICHAEL T. ROWE have read the attached power of attorney and are the persons identified as the agent and successor agent 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 agent: We shall exercise the powers for the benefit of the principal. We shall keep the assets of the principal separate from my/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. d~'~ ~. =" '; b?),jo Date Agtf~l~ r:J7;Jjr~ Successor Agent, ~chael T. Rowe 9 BOOK '700 PAGE 38.17