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HomeMy WebLinkAbout04-0814 RELEASE WHEREAS, Manufacturers and Traders Trust Company, successor by merger to 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 William M. Hollinger and Lucille Vogelson Hollinger of Danphin County, Pennsylvania; and VVI-IEREAS, Lucille Hollinger died May 23, 2004; and WHEREAS, the said Trustee has submitted to the said William M. Hollinger an account of its Trusteeship, which has been examined and approved by the said William M. Hollinger; 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 Cumberland County and having the same confirmed, the said William M. !tollinger has requested his Trustee to make settlement with him at once. WHEREAS, William M. Hollinger has requested that the assets in this account be transferred to his Revocable Trust; AND THEREFORE KNOW ALL MEN BY THESE PRESENTS that I, the said William M. Hollinger, have this day had and received of and from Manufacturers and Traders Trust Company, successor by merger to 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 five hundred thirty-three thousand seven hundred fifty-one dollars and forty-five cents ($533,751.45) consisting of cash, $4,492.82, and 51,634.988 Shares MTB Pennsylvania Municipal Bond Fund in kind and in full settlement and satisfaction of all such sum or sums of money as are due me by reason of said Trusteeship, and THEREFORE I 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 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. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of 2004. WITNESS: ~ ~ ~ o~ COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF qL4~t,~..4 ~,-v~, ) this, file day of ~ ,2004, before me, a Notary Public in and for said State and County, personally appeared William M. Hollinger, 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. Notary Public My Commission Expires: REVOCABLE LIVING TRUST by and between w~m~ ~. ~o~o~ ~ ~c~ ~. vo~so~ Settlors and DAUPHIN DEPOSIT BANK AND TRUST COMPANY TRUSTEE Member FDIC. We William M. Ho~ ~nser and Lucille M. Vo~ ~son (Settlors) of Harriabur~, PA , hereby transfer to Dauphin Deposit Bank and Trust Company (hereinafter called the Trustee), a Pennsylvania bank and trust company, the property described in the attached Schedule, to be held in Trust as follows: FIRST: Disposltlve Provisions For Our Benefit - During our lifetimes and the lifetime of the survivor of us: A. All of the net income shall be paid to us, and to the survivor of us, at least quarterly or shall be paid or accumulated and added to principal, as we, or the survivor of us, may direct in writing; B. As much of the principal as we, or the survivor of us, 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 principal as the Trustee may, from time to time, deem appropriate for our welfare, comfort, support or emergency needs, and may add to principal as much of the income as the Trustee deems advisable. D. Trustee shall keep true and cor~'ect books of account, which books of account shall at all reasonable times be open to the inspection of Settlors or their duly appointed representative. Trustee also shall render quarterly to Settlors a detailed statement showing all 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. SECOND: Dispositive Provisions After Death- Upon the death of either Settlor, this trust shall continue in existence for the use and benefit of the surviving Settlor. Upon the death of the surviving Settlor, while the trust continues, the Trustee shall pay the then-remaining principal and income to the Executor or Administrator of the estate of the surviving Settlor. THIRD: Right to Revoke and Amend - 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. This right of revocation and amendment also is reserved for the survivor of us, and is exercisable by the survivor by himself or herself alone. The Trustee reserves the right, at any time upon thirty (30) days advance written notice to Settlors, to resign the trust and deliver the trust estate to us, or to the survivor of us, after deducting therefrom its fees and any ex penses then due and payable. FOURTH: Additions to Trust- Subject to the approval of the Trustee, either of us, or any other entity, may add property, real and personal, to the principal of this trust. FIFTH: Trustee's Powers: In addition to the powers granted by law, our Trustee shall have the following discretionary powers, applicable to principal and income, which shall be exercisable without leave of court and shall continue until distribution is actually made: A. TO accept and retain any or all property, 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 of 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 ministerial and discretionary: F. To compromise claims; G. To join in any merger, consolidation, reorganization, voting trust plan, or other con- certed 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 im- prove, 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 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 of all of our 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 either or both of us are engaged, with all the powers of an owner or with respect thereto, including the power to delegate discretionary duties to others and to pay adequate compensa{ion to any such person; to invest other property in such business, and to incorporate it or change its form. SIXTH: Compensation: 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 com- pensation shall be paid from principal or income or partly from each in the sole discretion of the Trustee. SEVENTH: Non. Assignment: No part of the income or principal of the property held under this Trust shall 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 designated, as their interests may appear, without regard to any attempted anticipation (except as specifically provided in this agree- ment), pledging or assignment under the Trust, and without regard to any claim thereto or attempted levy, attachment, seizure or other process against either or both of us. EIGHTH: Law Governing Trust: 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. Executed on /71/_.r~ ~ /~P ,19~. NOTE: Before executing this document you may want to cj~-"'~'R-~ith your Attorney to as- sure th,a~"your wishes are ,b~ing set forth WITNESS: ..~/.~_.~ /.)~l.,~J._. ~~, d i~prop~yg¢ form. WITNESS: ~ ~'~''~2' '~''~ttl~°~'/~-'''')/''~' ~S~L)'settlor The foregoing trust is hereby accepted. Executed on ~,~'~-,,.-.v~ /,,~ , 19/'7 Dauphin D.e~sit Bank and Trust Company 0'itle) Vice President Trust COMMONWEALTH OF PENNSYLVANIA '~ COUNTY OF DAUPHIN On this, the 18th day of August ,1987 , before me, a notary public in and for the said Commonwealth and County, personally appeared William M. Hollinger , known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Revocable Living Trust and acknowledged that he/she executed the same for the purposes therein contained. w,,,,ss m,,an and notar,a,..'. My'"~mm~'~m~s a¢~. ~o, (SEAL) Member. pennsylvaaia Association of Notaries COMMONWEALTH OF PENNSYLVANIA '~ COUNTY OF DAUPHIN On this, the 18th day of August ,198 7 , before me, a notary public in and for the said Commonwealth and County, personally appeared Lucille M. Vogelson , known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Revocable Living Trust and acknowledged that he/she executed the same for the purposes therein contained. WITNESS my hand and notarial seal. ~u b i i~.c .///,/,~, _~//~f~//. _ My Commission Expires: (SEAL) MARY ANN ANDERSON, NOTARY PUBLI~ H,"..P~P.[~;RG. [:AUPHI~t COUNTY MY C,%"!~'.S$i0!'~ EZPI~ES OCT. 30, 1990 SCHEDULE OF PROPERTY Referred to In the annexed Deed of Trust dated August 18 ,198 7 fromWilliam M Hollinger & Lucille M Vogels~{ Dauphin Deposit Bank and Trust Company, Trustee $100,000, O0 Cash JRD/June 30, 1992/17858 In Re: Estate of Mary Snyder Hertzler ' ORPHANS' COURT DIVISION Late of Carlisle Borough ' COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY Estate No.: 2000-0814 : PENNSYLVANIA : : NO. 21-2000-0814 NOTICE OF FAILURE TO FILE STATUS REPORT AND REQUEST TO CONDUCT A HEARING PURSUANT TO RULE 6.12, SUPREME COURT ORPHANS' COURT RULE Personal Representative: James R. Hertzler, Jr. Counsel for Personal Representative: James D. Flower, Jr., Esquire Date of Decedent's Death: 08/11/2000 Date of Delinquency Notice: 09/10/04 The undersigned, Glenda Famer-Strasbaugh, Clerk of Orphans' Court, in accordance with Rule 6.12, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of Common Pleas of Cumberland County, that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule 6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules, was given by the Clerk of the Orphans' Court on April 30, 2004, and that the ten (10) day notice to file the Status Report has expired. Accordingly, in accordance with Rule 6.12 the Court is hereby notified of such delinquency and the undersigned requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. Glenda Farner Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File r}~q.m 12., ~oo~ q:3~ fl~ A hearing is scheduled for at in Courtroom No. 3. If the Status Report is filed prior to the hearing date, the hearing will automatically be cancelled.