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Home My WebLink About03-0126RELEASE WHEREAS, Allfirst Trust Company of Pennsylvania, N.A., formerly known as Allfirst Bank, formerly known as FMB Bank, Successor by merger to Dauphin Deposit Bank and Trust Company, is the duly appointed Trustee under Agreement with Frank Menaker and Sharon Menaker of Potomac, Maryland; and WHEREAS, the said Trustee has submitted to the said Frank Menaker and Sharon Menaker an account of its Trusteeship, which has been examined and approved by the said Frank Menaker and Sharon Menaker; and WHEREAS, in order to save the expense and delay incident to filing said account in the Orphans' Court Division of the Court of Common Pleas of Dauphin County and having the same confirmed, the said Frank Menaker and Sharon Menaker have requested their Trustee to make settlement with them at once. AND THEREFORE KNOW ALL MEN BY THESE PRESENTS that we, the said Frank Menaker and Sharon Menaker, have this day had and received of and from Allfirst Trust Company of Pennsylvania, N.A., formerly Allfirst Bank, formerly known as FMB Bank, Successor by merger to Dauphin Deposit Bank and Trust Company, Trustee as aforesaid, the sum of two hundred sixty- six thousand one hundred fifty-eight dollars and seventy-cents ($266,158.70) in cash and the following assets: $100,000 $100,000 $100,000 $ 50,000 200.0000 750.0000 Shs. 350.0000 Shs. 350.0000 Shs. 500.0000 Shs. 175.0000 Shs. 900.0000 Shs. 133.0000 Shs. 375.0000 Shs, 250.0000 Shs. 525.0000 Shs. 660.0000 Shs. 425.0000 Shs. 200.0000 Shs. 300.0000 Shs. 778.0000 Shs. 175.0000 Shs. U.S. Treasury Notes 2.875% - 6/30/04 Federal Home Loan Banks 3.250% - 8/15/05 Federal National Mortgage Assoc. 4.500% - 10/17/06 Federal National Mortgage Assoc. 3.250% - 11/15/07 Shs. American International Group, Inc. Amgen, Incorporated AOL Time Warner, Incorporated Bristol Myers Squibb Company Calpine Corporation Chevron/Texaco Corporation Cisco Systems, Incorporated' Del Monte Foods Company Duke Energy Corporation Emerson Electric Company Equity Office Properties Trust Exxon Mobil Corporation FleetBoston Financial Corporation Genentech, Incorporated - New H. J. Heinz Company Hewlett Packard Company International Business Machines Corp. 450.0000 Shs. 500.0000 Shs. 700.0000 Shs. 250.0000 Shs. 400.0000 Shs. 450.0000 Shs. 300.0000 Shs. 275.0000 Shs. 275.0000 Shs. 250.0000 Shs. Jacobs Engineer Group, Incorporated Kraft Foods, Incorporated Masco Corporation McGraw Hill Companies, Incorporated Pfizer, Incorporated Schering Plough Corporation Verizon Communications Wal Mart Stores, Incorporated Royal Dutch Petroleum Co., NY Reg. SH PAR N Schlumberger Limited 300.0000 Shs. Tyco International Limited 54,130.7270 Shs. ARK Funds Value Equity Portfolio Instl. in kind and in full settlement and satisfaction of all such sum or sums of money as are due us by reason of said Trusteeship, and THEREFORE WE DO BY THESE PRESENTS remise, release, quit-claim and forever discharge the said Allfirst Trust Company of Pennsylvania, N.A., formerly Allfirst Bank, formerly known as FMB Bank, Successor by merger to Dauphin Deposit Bank and Trust Company, its successors and assigns, and of and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever for or by reason thereof, or of and from all other acts, rnatters, and things whatsoever including gross negligence, to the day of the date hereof. IN WITNESS WHEREOF, we have hereunto set our hands and seal this ~- i day of ~.,/,' ~:k'~ t;/ 200a. WITNESS: Frank H. Menak~r :~:4'>~,. d- :i(L¥, Sharon L. Menaker (SEAL) ) ) SS: ) this, the day of '~~ , 2003, before me, a Notary Public in and for said State and County, personallyYappeared" '- ~'Frahk Menaker and Sharon Menaker, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing Release and acknowledged that they executed the same for the purposes therein contained and desire that the same be recorded as such. WITNESS our hands and Notarial Seal. Notary rmt~c My CommiSsion Expires: Mary A Simonsen, Notary Public Montgome.ry County State of Maryland My Commission Expires Jan. 1, 2004 RELEASE WHEREAS, Allfirst Trust Company of Pennsylvania, N.A., formerly known as Allfirst Bank, formerly known as FMB Bank, Successor by merger to Dauphin Deposit Bank and Trust Company, is the duly appointed Trustee under Agreement with Frank Menaker and Sharon Menaker of Potomac, Maryland; and WHEREAS, the said Trustee has submitted to the said Frank Menaker and Sharon Menaker an account of its Trusteeship, which has been examined and approved by the said Frank Menaker and Sharon Menaker; and WHEREAS, in order to save the expense and delay incident to filing said account in the Orphans' Court Division of the Court of Common Pleas of Dauphin County and having the same confirmed, the said Frank Menaker and Sharon Menaker have requested their Trustee to make settlement with them at once. AND THEREFORE KNOW ALL MEN BY THESE PRESENTS that we, the said Frank Menaker and Sharon Menaker, have this day had and received of and from Allfirst Trust Company of Pennsylvania, N.A., formerly Allfirst Bank, formerly known as FMB Bank, Successor by merger to Dauphin Deposit Bank and Trust Company, Trustee as aforesaid, the sum of two hundred sixty- six thousand one hundred fifty-eight dollars and seventy-cents ($266,158.70) in cash and the following assets: $100,000 U.S. Treasury Notes 2.875% - 6/30/04 $100,000 Federal Home Loan Banks 3.250% - 8/15/05 $100,000 $ 50,000 200.0000 750.0000 Shs. 350.0000 Shs. 350.0000 Shs. 500.0000 Shs. 175.0000 Shs. 900.0000 Shs. 133.0000 Shs. 375.0000 Shs, 250.0000 Shs. 525.0000 Shs. 660.0000 Shs. 425.0000 Shs. 200.0000 Shs. 300.0000 Shs. 778.0000 Shs. 175.0000 Shs. Federal National Mortgage Assoc. 4.500% - 10/17/06 Federal National Mortgage Assoc. 3.250% - 11/15/07 Shs. American International Group, Inc. Amgen, Incorporated AOL Time Warner, Incorporated Bristol Myers Squibb Company Calpine Corporation Chevron/Texaco Corporation Cisco Systems, Incorporated Del Monte Foods Company Duke Energy Corporation Emerson Electric Company Equity Office Properties Trust Exxon Mobil Corporation FleetBoston Financial Corporation Genentech, Incorporated - New H. J. Heinz Company Hewlett Packard Company International Business Machines Corp. 450.0000 Shs. 500.0000 Shs. 700.0000 Shs. 250.0000 Shs. 400.0000 Shs. 450.0000 Shs. 300.0000 Shs. 275.0000 Shs. 275.0000 Shs. 250.0000 Shs. Jacobs Engineer Group, Incorporated Kraft Foods, Incorporated Masco Corporation McGraw Hill Companies, Incorporated Pfizer, Incorporated Schering Plough Corporation Verizon Communications Wal Mart Stores, Incorporated Royal Dutch Petroleum Co., NY Reg. SH PAR N Schlumberger Limited 300.0000 Shs. Tyco International Limited 54,130.7270 Shs. ARK Funds Value Equity Portfolio Instl. in kind and in full settlement and satisfaction of all such sum or sums of money as are due us by reason of said Trusteeship, and THEREFORE WE DO BY THESE PRESENTS remise, release, quit-claim and forever discharge the said Allfirst Trust Company of Pennsylvania, N.A., formerly Allfirst Bank, formerly known as FMB Bank, Successor by merger to Dauphin Deposit Bank and Trust Company, its successors and assigns, and of and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever for or by reason thereof, or of and from all other acts, matters, and things whatsoever including gross negligence, to the day of the date hereof. J-.:- IN WITNESS WHEREOF, we have hereunto set our hands and seal this ~-, i day of "'-d ~/"V/4/,,/~Of,~' ,2003. WITNESS' Frank H. Menal~r ~ ~I4K ~ ~A~ke. rc. (SEAL) Sharon L. Menaker STATE OF MARYLAND ) ) SS: ) this, the day of '-~~ , 2003, before me, a Notary Public in and for said State and County, personally~appeared" '- ~'Frahk Menaker and Sharon Menaker, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing Release and acknowledged that they executed the same for the purposes therein contained and desire that the same be recorded as such. WITNESS our hands and Notarial Seal. Notary ~.c My CommiSsion Expires: Mary A. Simonsen, Notarv Public Montgomery County State of Maryland My Commission Expires Jan. 1, 2004 SELECT PORTFOLIO ACCOUNT AGREEMENT ~Ve, FRANK H. MENAKER and SHARON L. MENAKER (Settlors) of Gaithersburg, MD hereby transfer to Dauphin Deposit Bank and Trust Company (hereinafter called the Trustee), a Pennsylvania bank and trust company, such property as may be delivered contemporaneously herewith, or at such time or times hereafter, to be held in Trust as follows: Dispositive Provisions - During my Life During my lifetime: A. All of the net income shall be paid to us at least quarterly or shall be paid or accumulated and addedto principal, as we, or the survivor of us, may direct in writing; B. As much of the.~.p~rincipal as we may from time to time request in writing shall be paid to us, or as we, or the survivor of us, may otherwise direct; C. If, in the Trustee's opinion, either of us at any time is unable to act or to apply the payments to our own best interest and advantage, the Trustee may apply directly for our benefit as much of the income and/or]~rincipal as the Trustee may, from time to time, deem appropriate f6r our welfare, comfort, support or emergency needs, dh:ectIy and without the intervention of a guardian, and may add to principal as much of the income as the Trustee deems advisable. . Trustee shall keep true and correct books of account, which oks of account shaI1 at all reasonable times be open to the inspection of Settlor or his duly appointed representative. Trustee h - - s all also quarterly render Settlor a detailed statement showing all receipts and disbursements on account of the trust estate and tI~e manner and form in which the trust estate is invested at the time of the rendition of such statement. Dispositive Provisions After My Death Right to Revoke and Amend 2. Upon the death of either Settlor, This trust shall continue in existence for the use of the surviving Settlor. Upon the death of the surviving Settlor, while the trust continues, the Trustee shall pay the then-remaining princ, ip. al and income to the Executor or Administrator of the Estate of the surviving Settlor. Dauphin Deposit Bank and Trust Company 3. Settlors reserve the right to revoke or amend this trust, in whole or in part, at any time and from time to time by an instrument in writing, delivered to the Trustee and intended to take effect during our lifetimes; except that the duties, powers and liabilities of the Trustee shall not be changed without its written consent. The Trustee reserves the ri~;ht, at any time upon thirty (30) days advance written notice to Settlors~'to resign the trust and deliver the trust estate to Settlors, after deducting therefrom its fees and any expenses then due and payable. ~VANIA Additions to Trust Trustee's Powers 4. Subject to the approval of the Trustee, either I or any other entity may add property, real and personal, to the principal of this trust. 5. In addition to the powers granted by law, my Trustee shall have the following discretionary powers, applicable to principal and income, which shall be exercisable withou~Ieave of court and shall continue until distribution is actually made: A.. To accept and retain any or all p p tyro er at any. time. hereafter. dehvered or in any other manner hereafter acqmred, mclud~ng stock or other securities of the Trustee, or of a holding company controlling the Trustee; B. To invest in all forms of property (including, but not by way of limitation, real estate, all types oIstocks, bonds, options, and participations in common trust funds and money market funds); without being confined to investments prescribed by statute and without being required to diversify; C. To buy investments at a premium or discount; D. To hold property unregistered or in the name of a nominee; E. To give proxies, both ministorial and discretionary; F. To compromise claims; G. To j'oin in any mer'ger, consolidation, reorvg~anization, voting trust plan, or other concerted action of security holders, and to delegate discretionary duties with respect thereto; H. To borrow from Dauphin Deposit Bank and Trust Company or from others, and to pledge real or-personal property as security therefor; to loan cash or securities upon such terms and conditions as trustees deem appropriate. I. To sell at public or private sale for cash or credit or partly for each to exchange, to improve or to lease for any period of time, any real or personal property; and to give options for sales, exchanges, or leases. J. To allocate any property received or charge incurred toprincipal or income or partly to each, without being obliged to apply the usual rules of trust accounting; K. To distribute in cash or in kind or partly in each; L. To retain any part or all of my business interests held in this Trust as long as ~h~Trustee considers it advisable to do so; and to conduct, alone or with others, any such business in which I am engaged, with all the powers of an owner or with respect thereto, 0Dauphin Dep°sit Bank T~d.s't Compar~ [~ [~~V~[A 00-~00-~ Compensation Non-Assign- ment Guardianship Law Governing Trust Executed on Witness: including the power to delegate discretionary duties to others and to pay adequate, compensation, to any such person; to . invest other property in such busxness, and to incorporate it or change xts form. 6. The trustee shall be compensated in accordance with its standard schedule of charges in effect from time to time during the period of its services, and this compensation shall be paid from principal or income or partly from each in the sole discretion of-the Trustee. Settlor hereby acknowledges receipt of Trustee's current fee schedule, which is subject to revision from time to time. 7. No part of the income or principal of the property held under this Trust shhll be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy prior to actual receipt thereof. The Trustee shall pay over the net income and the principal to the persons herein des-ignated, as their interests may appear, ~ithoht regard [o any attempted anticipation (except as specifically p.rovided in this agreement), ledging or assignment under the Trust, d w~thout regard to any claim t~ereto or attempted levy, attachment, seizure or other process against me. 8. If at any time hereafter, a proceeding is initiated in any jurisdiction to have a Guardian appointed for my estate, it is my express intention that the Court making §rich a determiftation, appoint Dauphin Deposit Bank and Trust Company, or its successor, as the Guardian of my estate. 9. This trust is created and accepted in the Commonwealth of Pennsylvania and shall in all respects be governed by its laws and shall have its situs at Cumberland CoUnty, Pennsylvania. ~----[{ ,19 Social Security Number Date of Birth Witness: Owner:. Social Security Number Date of Birth Address: Date: /_ Executed on Dauphin Deposit Bank and Trust Company Date: 00-100-~a'a DIVISION OF DAUPHIN DEPOSIT BANK