HomeMy WebLinkAbout04-0777 RELEASE
WHEREAS, Manufacturers and Traders Trust Company, successor by merger to Allfirst
Trust Company of Pennsylvania, N.A., formerly known as AIIfirst Bank, formerly known as
FMB Bank, Successor by merger to Dauphin Deposit Bank and Trust Company, is the duly
appointed Trustee under Agreement with Denis J. Milke and Kristen Olewine Milke of Dauphin
County, Pennsylvania; and
WHEREAS, the said Trustee has submitted to the said Denis J. Milke and Kristen
Olewine Milke an account of its Trusteeship, which has been examined and approved by the said
Denis J. Milk¢ and Kristen Olewine Milke; and
WHEREAS, in order to save the expense and delay incident to filing said account in the
Orpn,~ ,., Court Division of the Coug of' Common Pleas of Cumberland County and having the
same confirmed, the said Denis J. Milke and Kristen Olewine Milke have requested their Trustee
to make settlement with them at once.
AND THEREFORE KNOW ALL MEN BY THESE PRESENTS that we, the said Denis
J. Milke and Kristen Olewine Milke have this day had and received of and from Manu£acturers
and Traders Trust Company, successor by merger to ^llfirst 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 eighty-one thousand nine
hnndred ninety-eight dollars and seventy-one cents ($81,998.71) consisting of cash 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 Manufacturers and Traders Trust Company, successor by merger to
Allfirst Trust Company of Pennsylvania, N.A., formerly ^llfirst 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 o£and from all other acts, matters, and things whatsoever
including gross negligence, to the day of'the date hereof.
1N WlqqXlESS WHEREOF, We have hereunto set our hands and seals this ~"~ day of
~, 2004.
Deni~ J. Milke '
J Kristen Olewine Milke
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
On this, the i (a~ day of ~ ,2004, before me, a Notary Public in and for said State
and County, personally appeared Denis J. Milke, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the foregoing Release and acknowledged that he executed the
same for the purposes therein contained and desires that the same be recorded as such.
WITNESS my hand and Notarial Seal.
My Commission Expires: NOIAR AL SEAL
} D/~INY A. MYERS NOTARY
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF DAUPHIN )
On this, the ~ ~ day of ~¢a..~ao~..~- ,2004, before me, a Notary Public in and for said State
and County, personally appeared Kristen Olewine Milke, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the foregoing Release and acknowledged that she
executed the same for the purposes therein contained and desires that the same be recorded as
such.
WITNESS my hand and Notarial Seal.
Notary Public
My Commission Expires:
SELECT PORII"OLIO ACCOUNT AGREEMENT
We,
and
(Settlors) of
hereby transfer to Dauphin Deposit Bank and Trust Company (hereinafter
called' the Trustee), a Pennsvlvania bank and trust company, ~uch
property as may be deliverrd contemporaneously herewith, or at such
time or ~imes h~reafter, to be held in Trust as follows:
Dispositive 1. During my lifetime:
Provisions -
During my Life A. All of the net income shall bepaid to us at least quarterly or shall
be paid or accumulated and addedto principal, as we, or the su~ivor
of us,may direct in writing;
B. As much of the principal as we may from time to time request
writing shall be paid to us, or as we, or the survivor of us, may
othe~ise 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 ~ay appl~ directly for our benefit as much of the income
and/or pr~cipal as the Trustee may, from time to time, deem
appropriate for our welfare, comfort, support or emergency needs,
d~rectIy and without the inte~ention of a guardian, and ~a~ ~dd to
principal as much of the income as the Trustee deems, atdvisa~le' .
D. Trustee sha~ keep true and correct books of account, wlrch
books of account shall at all reasonable times be open to the
inspection of Settlor or h~ duly appointed representative. Trustee
sha~l a~o quarterly render ~tflor a detailed statement showmgall
receipts and disbursements on account of the trust estate and the
manner and form in which the trust estate is invested at the time of
the rendition of such statement.
Dispositive 2. Upon the death of either Settlor, T~s trust shall continue in existence
Provisions for the use of the su~iving Settlor. Upon the death of the su~iving
After My Settlor, w~le the trust continues, the Trustee shall pay the then-remai~ng
Dea~ principal and income to the Executor or Ad~strator of the ~tate of the
su~iving Settlor.
Right to 3. Settlors rese~e the right to revoke or amend this trust, in whole or in
Revoke and part, at any time and &om time to time by an ~strument ~ writing,
Amend 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
chansed without its written consent. The Trustee rese~es the right, at
any t~me upon thir~ (30) days advance written notice to Settlors, to resign
the trust and deliver the trust estate to ~ttlors, after deducting therefrom
its fees and any expe~mes then due and payable.
uphin Deposit Bank T~, C~ ~'
Additions to 4. Subject to the approval of the Trnstee, either I or any other entity may
Trust add property, real and personal, to the principal of this trust.
Tmstee's 5. In addition to the powers granted bv law, my Trustee shall have the
Fowers following discretionary powers, applicable to prfncipal and income,
which shall be exercist~ble without leave of cofirt and shall continue until
distribution is actually made:
A. To accept and retain anv or all property at any time hereafter
delivered or in any other m~nner hereafter acquired, including 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 o~stocks, 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 join in any merger, consolidation, reorganization, 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 persona'/property; and to give options for sales, exchanges, or
leases.
J. To allocate any property received or charge incurred to principal
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 ail of my business interests held in this
Trust as long as the 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,
ODauphin Dep°sit Bankor Trust Company
including the power to delegate discretionary, duties to others and to pay
adequate compensation to any such person; to invest other property itt
such business, and to incorporate it or change its form.
Compensation 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.
Non-Assign- 7. No part of the income or principal of the property held under this
ment Trust shall be subject to attachment, levy or seizure bv any creditor,
spouse, assignee or trustee or receiver in bankruptcy ~rioi' to actual
receipt thereof. The Trustee shall pay over the net income and the
principal to the persons herein designated, as their interests may appear,
without regard to any attempted anticipation (except as specifically
provided in this agreement), pledging or assignment under the Trust, and
without regard to any claim thereto or attempted levy, attachment,
seizure or other process against me.
Law Governing 8. This trust is created and accepted in the Commonwealth of
Trust Pennsylvania and shall in all respects be governed by its laws and shall
have its situs at Cumberland County, Pennsylvania.
Executed on ,~ /' ,/7k ,19
Witness: Owner:.
Social Security Number
Date of Birth
O Daup?in n DcePo °Sip t Bank
Witness: Owner:
Social Security Number
Date of Birth
Address:
Executed on ~Op ~ , 19 ? 7
Dauphin Deposit Bank and Trust Company
(Title)
Dauphin Deposit Bank