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11-05-09
PETITION FOR PROBATE AND GRANT OF LETTERS ~ +'`~~ Re ister of Wills of Cumberland County Pennsylvania Estate of WENDELL B. STOCKDALE, JR. g File Number also known as ,Deceased Social Security No. 510-54-9318 Petiticner(~), who idero 1 B yeeo dye err alder, epply(ke) kr (COMPLETE "A" OR "B" BELOW:) ~( A. Probate and Grant of Letters Testamentary and aver that Petitioner(s), WENDELL B. STOCKDALE, SR. and JANE STOCKDALE ~s/are the Successor Co-Executors named in the Last Will of the Decedent, dated February 15. 1999 and codicil(s) dated n/ a (SWM ro/ewa"f circreufanea, e.g., nm"dotlo", aTrofl. ofsmrbr, ele.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instruments offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decedent divorced his Wife, Laurie J. Stockdale, Decree dated 3/10/2009, to #OS-3963, Cumberland County Court of Common Pleas, Ebert, J. incorporating a Property Settlement and Separation Agreement dated January 19, 2009, Paragraph (16) of which provides, in part: "...Husband and Wife, for themselves, their heirs...each hereby forever releases ...the other... from... E. All right, title interest or claim in or to the other's estate...including but not limited to all rights or claims... (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way..." .Original Decree and Agreement shown to Register, copies provided. B. Grant of Letters of Administration (ItaPplkebk, enter: c.te; db.n.ate.: peadmre Gtr, duraare ebxntie: duruNe mimritere) Petitioner(s) aRer a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (ifAdministration, c.t.a. or dh nc t_a_- enter date of Wil[ in Section A above and complete list nfheirs.l Name Relationship Residence t~ va 'S ~~`~ ~ ~ t.-~..~ :~~. y .rC c:,, ~ ~ ~t yt ~`"iZ C/t ~t'"7 -..~;-.~ ..~~.1 (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~ _ ~ ~ ;::~~ ~,.,~ (----- , ~, '. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last principal residenc~t 22 f~ iek~Stone Drive, Silver Spring Township, Mechanicsburg, Cumberland County, Pa. 17050 (list lreet.adree.. tawdcity, ta'~P. aaamy, A.te, aP aade) Decedent, then 52 years of age, died 10/29/2009 , at 22 Field Stone Drive, Mechanicsburg, Pa. 17050 (I.aaetiaa> Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property ...........................................................................................5 25.000 (If not domiciled in PA) Personal property in Pennsylvania .............................................................................5 (If not domiciled in PA) Personal property in County ..................................................................... ..............S Value of real estate in Pennsylvania ..................................................................................................................................................5 100.000. situated as follows: 22 Field Stone Drive, Mechanicsburg, Pa. 17050 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Si ature T or rioted name and residence JANE STOCKDALE AND WENDELL B. STOCICDALE SR. Both of: ` ~~~~P~~~rd br~~"t,~a~c~rSter' a- 1 ?~~ I Fam RW-02 rev. 10.13.06 Oath of Personal Representative ~omm~iwealth of Pennsylvania ' :SS County of Cumberland The Petitioners above-named sweaz and affirm that the statements in the foregoing Petition aze true and correct to the best of the knowledge and belief of Petitioners and that, as personal representatives of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to and affirmed and subscribed before me this ~ ~~ day of ~ 009 ~ ~ ~~ Fir the egister Signature of Personal Representative ~~'-~~ Signature of Personal Representative ~ ~~e'/r~ ~ ~ J Signature of Personal Representative ~"t C"7 •t %~ " . ~ File Number: =~' ~ ~ ~~~ t--~-~~ ~ cn ~~. ti~ ~ Estate of WENDELL B. STOCKDALE. JR. D.~ ed ~ ~ ~"~~ i ~/ r ...... ~..,,~,.1 Social Security No: 510-54-9318 Date of Death: 10/29/2009 ~~ © ~: ~ ~~ ~.'~:~ ._,. AND NOW, ~ ~ '" ~~ ~ , 2009, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DE ED that Letters Testamentary are hereby granted to WENDELL B. STOCKDALE, SR AND JANE STOCKDALE in the above estate and that the instrument(-~} dated February 15, 1999 described in the Petition be admitted to probate and filed of record as the last Will ( of Decedent. ~-~~t,1 ~2~ u~~~~J r~ ~. ~~~ Register of Wil s FEES Zia Letters ............................. $ , Short Certificate(s).......... $ ~ ~~ Attorney Signature: Renunciation(s) ................ $ Attorney Name: Robert C. Spitzer , ix, Wenger & Weidner $ Supreme Court I.D. No. 06264 ~~::~ ............................. $~ Q . ~~ Address: 508 NORTH SECOND STREET, P. O. Box 845 ,, , . .. ~~.°.~::~~~ .................... $ ~~ `"~ Harrisburg, PA 17108-0845 ......................................... $ Telephone: 717/234-4182 33c~. ~~ TOTAL ................ $ Form RW-02 rev. 10.13.06 lll~G Q~~C ~, r, ~. ~n~ in"~ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.Q0 r,,r,~a~'~°~--.. This ~s to eert~fy that the Jnformation here giver Js ~~` ~ _ - _ ;~ 9 o - ~: v ~' b: O - - _ ~ ~~. correctly copied from an original Certificate of Denth duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. P ,15 8 3 9 015 ``'g9jME o~~~a`~'~'' ~ /© ~ ~ © ~ " -----,,,NT ~,,,,l~l Certification Number Local Registrar ~ Date Issued ~ ~~ ; ~ O ~ ~ °~.~. _~.. _ w ___ _~ _._ __ __ ._ _ _._ .._~_. _ __~ . ____ ._ . ~_.~_ _ _ _~.__ _ E_~ _ _.__ ;,.5) -1 ~-.- .r, '{"1 ~ ___ ~ ( ( ~~ __ ~~ . ..nom • -•q t ~'y'y~. 14,x,,. ~ `/ ~ . , '__~` ~i ~~~ y • . 7 G. O t . ,. M106.1M HEY 11/1006 COMMONWEALTH ~ PENN~YI.YAHIA + ~~*RT~A~NT OF HEA~.TH • VRAL RECORD8 TM ~" poRgNEfl'S G~1i11~1p~4 ~ OF pEATH .... ..... (sM linifryotloNls and ! . Ail1 rwarN) srrE cum rrra9sra RJL-i.JL ti. Narr,a a Dacadrd (wa, a~fddM, Ya. «avo .. ~. Ra ~ sooty e.o~.~ iNumO~r ~. oar a Dr1- tMa+A am waJ Wendell B. Stockdale, 3r. Male ~tlu -- ~4, - ~~1~ October 29, 2009 s. ~P 1~ 6YrMiday- Iltdrr ~ Uneer ~ e. Ow T. sad Meilr a k Prroa a DNYf 52 Yn r~ ~ ~.. rarer July ~5 , ~ 957 Mont~om~rY, AI. rarprt ^ bpMNrt pen / + O Don Q -r.rrq ram. Oorar • soaorr: eo. ~ a o.an e~. arr. 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STOCKDALE, JR., ; NO. 05 - 3963 DIVORCE DECREE March 10 2009 AND NOW, , it is ordered and decreed that LAURIE J . STOCKDALE, ,plaintiff, and WENDELL B. STOCKDALE, JR., bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente life if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. The Property Settlement and Separation Agreement between the parties shall be incorporated into the final decree for purposes of enforcement, but shall not merge with the final Decree in Divorce. By the Court, M. L. Ebert, Jr. Attest: J. ~~ l Prothonotary Certified Copy Issued: March 10, 2009 Date LAURIE J. STOCKDALE, ~ ~" ~ - =COMMON PLEAS Plaintiff / ~ ~~ .~~ AUNTY, PENNSYLVANIA v. ~~~Q ~ W ,, ~~ _ WENDELL B. STOC ~~~..~ Q Defendant j~ ~ ~.~~ ~ ~~:J ~ PROPERTY SETTLEMENT AND SEPARATION AGREEMENT ,~ - . THIS AGREEMENT made this day of ,~200q between WENDELL B. STOCKDALE, JR., of 22 Fieldstone Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, hereinafter referred to as Husband, and LAURIE J. STOCKDALE, of 1400 Bent Creek Boulevard, Apartment 117, Mechanicsburg, Cumberland County, Pennsylvania 17050, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on May 16, 1986, in ~ ~ ~l ` ,,~; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 05-3963 Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and --~ property rights and obligations including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: 1 (1 } SEPARATION: It shall be lawful for each party at ail times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. On the same day as they execute this Agreement, .the parties shall execute and file Affidavits of Consent and Waivers of Notice, necessary to finalize the divorce. Wife will promptly transmit the record. (3} REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 22 Fieldstone Drive, Mechanicsburg, Cumberland County, Pennsylvania. On the same day as she executes this Agreement, Wife will sign a special warranty deed transferring to Husband all of her right, title and interest in the marital home. Said special warranty deed shall be held by Wife's counsel in escrow pending the .-~-~ refinance of the marital home by Husband as set forth below. Husband will pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Husband hereby shall hold Wife harmless and indemnify her from any loss thereon. Husband shall refinance said mortgage obligation within forty-five (45) days of the date of this Agreement at which time the escrowed deed shall be released to him. At the time of the refinance, Husband will pay to Wife $75,000.00. Husband avers that he is pre-qualified to 2 obtain a mortgage in the amount of the current payoff on the marital home and an additional $75,000.00. However, in the event that Husband cannot obtain a refinance of the marital home in an amount sufficient to pay to Wife $75,000.00, the parties will immediately place the house for sale. Upon sale, after payment of the usual costs of sale and payoff of the mortgages, Wife will receive the first $75,000.00 of the proceeds. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: i. A deficit in the escrow for the mortgage on the marital home which deficit was exclusively paid by Husband; and Each party shall pay the outstanding debts as set forth herein and further indemnifies and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on September 16, 2005, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this Agreement, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) 3 days of the date of this Agreement, each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. Wife will retain the one-half share she received from the joint Commerce savings account and the joint Commerce checking account. Furthermore, Wife will retain the certificate of deposit with Commerce Bank, her Commerce Roth IRA and her PSERS pension free of any claim from Husband. Husband will retain his Smith Bamey account and any stock he owned prior to the parties' marriage as well as the Stanford Federal Credit Union account, the Astellas U.S. Retirement and Savings Plan, the Syntex U.S. Employees Retirement Plan with Fidelity Investments, the Roche Savings and Pay Deferral Plan, his Roth IRA at Commerce, and one-half of the joint Commerce savings and checking accounts. 4 (8) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Husband is represented by Carrol ..f. Lindsay, Esquire and Wife is represented by Elizabeth S. Beckley, Esquire. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement. or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (11) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally 5 determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (12) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (13) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all 6 of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente life, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2} under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (17) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind 8 the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: Laurie J. Wendell B. Sto 9 LAST WILL AND TESTAMENT KNOW ALL MEN BY THESE PRESENTS, that I, WEND~ELL B. STOCKDALE, JR., currently residing in Camp Hill, Cumberland County, Pennsylvania, being in good health and of sound and disposing memory, do hereby make, declare and publish this as my Last Will and Testament, hereby revoking all former Wills and Codicils heretofore made by me. FIRST: I direct that all of my legally binding debts, expenses of my last illness and funeral expenses shall be paid by my Executrix hereinafter named, from my estate as soon after my decease as shall be found convenient. SECOND: I bequeath my automobiles, household and personal effects and other tangible personalty of like nature (not including cash and securities) together with any existing insurance thereon as are set forth in a separate unsigned memorandum, which I shall place with my will, to the persons therein designated. I direct that my household goods, jewelry and other personal effects not otherwise specifically listed in such separate memorandum shall be distributed to my wife, LAURIE J. STOCKDALE. In the event that my wife should predecease me or not be living on the thirty-first day following my death, any items not specifically listed shall be added as a part of my residuary estate. THIRD: I give, and bequeath the rest, residue and remainder of my estate, whether real, personal or mixed, and of any nature whatsoever and wherever situate, unto my wife, LAURIE J. STOCKDALE, providing she shall survive me by thirty days. FOURTH: In the event that my wife, LAURIE J. STOCKDALE, should predecease me or die within thirty days of the date of my death, then I give, devise and bequeath the rest, residue and remainder of my estate, whether real, personal or mixed, and of any nature whatsoever and wherever situate, to the Trustee hereinafter named, IN TRUST, in equal shares, for the benefit of my minor children, DAVID STOCKDALE and JAMES STOCKDALE, for the following uses and purposes: 1. The Trustee shall collect all assets of my estate, including the proceeds from any insurance policies which may be a part of my estate or otherwise payable to the beneficiaries hereunder, and shall create a separate trust for the benefit of each of my children. The Trustee shall hold, manage, invest and reinvest the property in each trust and collect the income therefrom as specified herein until each child has attained the age of twenty-eight. ~- p ~a ~ ~~ w'~.r ~ ~, ~ ,,,~ {....~ t,. ,,. ~:'ZJ ~ C" Ul` r ~~ +. i 4 `T4/• V `.,.....,,o 3 (a) While any child is under the age of twenty-one years, my Trustee shall use for his benefit so much of the income of his trust as my Trustee considers necessary or desirable, for the welfare, support, education (including college, both undergraduate and graduate) and maintenance of such child, taking into consideration his other readily available assets and sources of income. After each child attains the age of twenty-one years, my Trustee shall distribute to him in quarterly installments the entire net income from his trust. (b) Whenever my Trustee determines that the income of any child of mine from all sources known to the Trustee is not sufficient for his reasonable support, maintenance and education, and that of his immediate family, the Trustee may pay to him, or use for his benefit, so much of the principal of his trust as the Trustee determines to be required for those purposes. (c) When any child of mine shall have attained the age of twenty-six years, my Trustee shall distribute to him an amount equal to one-half (1 /2) of the then remaining principal and accumulated income of his trust. (d) When any child of mine shall have attained the age of twenty-eight years, my Trustee shall distribute to him the then remaining principal and accumulated income of his trust. (e) Upon the death of any child of mine, the Trustee shall distribute any remaining principal and accumulated income of his trust, as then constituted, to the trust created in this paragraph FOURTH for the benefit of his brother. 2. The Trustee may make payments to or on behalf of any person who is the beneficiary of any trust hereunder but in no event, however, shall payments be made to any creditor or other such person because of anticipation of payment by the beneficiary, and any such claim made by way of anticipation by the beneficiary shall be of no validity or legal effect. 3. The Trustee, at its discretion, may exhaust all of the principal and income in carrying out the purposes of this trust and should the amount held in trust be or become so small as to make it impractical or economically unfeasible to continue holding said amount in trust, the Trustee may pay the total amount of said trust directly to the beneficiary or to a parent or guardian of said beneficiary or place said amount in a savings account for the benefit of said minor until said minor becomes of age. 4. The Trustee is to pay the sum of FOUR HUNDRED ($400.00) DOLLARS, per month, to JANELL S. PENTZ, DONALD PENTZ, or RONALD WALTERS, and no other persons, provided that they are serving as the Guardians or Guardian for either of my sons, for 2 the maintenance and support of my sons in the Guardian's residence without the requirement of documentation for payment of utilities, food and similar items not purchased specifically for either son. FIFTH: I hereby nominate, constitute, and appoint my wife, LAURIE J. STOCKDALE, as Executrix of this, my Last Will and Testament. In the event that my said wife shall predecease me, or be unwilling or unable to act as my Executrix, as aforesaid, then I nominate, constitute and appoint WENDELL B. STOCKDALE, SR., and JANE STOCKDALE, as Co-Executors, without necessity for posting security regardless of state of residence, as Co- Executors of this, my Last Will and Testament. All references to the Executrix herein shall be applicable to said substitute Co-Executors. SIXTH: I hereby nominate, constitute and appoint FULTON BANK, or its successor, as Trustees of the trusts created by this, my Last Will and Testament, without the necessity for posting security regardless of state of residence. SEVENTH: In the event that my wife, LAURIE J. STOCKDALE, shall predecease me, I hereby designate and appoint JANELL S. PENTZ and DONALD PENTZ, or the survivor of them, as guardians of the person or persons of any minor child or children, for the duration of the minority of said child or children, and said guardian may retain custody of said child or children in any locality. It is my desire that said guardians shall keep my children together as a family unit until such time as my youngest child shall reach the age of eighteen years. In the event that JANELL S. PENTZ and DONALD PENTZ, should fail to qualify or cease to act as guardians for my minor children, I hereby designate and appoint RONALD WALTERS, as guardian for my minor children. EIGHTH: My Executrix and Trustee shall have, in addition to the powers and authority conferred upon them by law, the following additional powers and authority: 1. To sell at public or private sale, exchange, lease, mortgage or pledge any property, real or personal, at any time constituting a portion of a trust or my estate, and upon such terms and conditions as the Executrix or Trustee shall deem wise. 2. To invest any money at any time in such bonds, stocks, notes, real estate, mortgages, life insurance, annuities or other securities, or such property, real or personal, as the Executrix or Trustee shall deem wise, without being limited by any statutes or rule of law regarding investments by the Executrix or Trustee. 3. To retain, without incurring any liability, as investments, any property owned by me at the time of my death, as long as they deem it wise, and even though such property is not the kind of property an Executrix or Trustee would purchase as an investment; and even though to retain such property might violate sound diversification principles. 4. To cause any security or other property which may constitute a portion of a trust or of my estate to be issued, held or registered in their own name, or in the name of a nominee, or in such form that title will pass by delivery. 5. To consent to the reorganization, consolidation, readjustment of the financial structure, or sale of the assets of any corporation or other organization, the securities of which constitute a portion of a trust or of my estate, and to take any action with reference to such securities which, in the opinion of the Executrix or Trustee is necessary to obtain the benefit of any such reorganization, consolidation, readjustment or sale; to exercise any conversion privilege or subscription right given to them as owner of any securities constituting a portion of a trust or of my estate resulting from any reorganization, consolidation, readjustment, sale, conversion or subscription. 6. To pay all costs, taxes, charges and expenses in connection with the administration of a trust or of my estate, including such compensations to Executrix or Trustee which shall be in accordance with established fees throughout the period of administration of a trust or of my estate. 7. To determine what is "income" and what is "principal" hereunder, and their decision thereon shall be final; and to purchase securities at a premium or discount, and to apply or charge said premium or discount against income or principal as the Executrix or Trustee may determine. 8. To transfer, sell, exchange, partition, lease, mortgage, pledge, give options upon, or otherwise dispose of any property at any time held by them, at public or private sale, or otherwise. 9. To borrow money from any person, firm or corporation, including any corporation acting as an Executrix or Trustee hereunder, for the purpose of protecting and preserving or improving my estate or trust hereunder; to execute promissory notes or other obligations for amounts so borrowed. 10. To employ legal counsel, accountants, brokers, investment advisors, custodians, managers and other agents and employees and to pay them reasonable compensation out of my estate r any funds held hereunder to which said compensation is attributable. __ 4 11. To carry on any business owned or controlled by me at my death for whatever period of time they shall think proper, and they shall have the power to do any and all things they deem necessary or appropriate, including the power to close out, liquidate or sell the business at such time and upon such terms as to them shall deem best. 12. To do all other acts in their judgment necessary or desirable for the proper and advantageous management, investment and distribution of a trust or of my estate. NINTH: I direct that all transfer and inheritance taxes, state or federal, assessed because of my death, whether the funds, property or insurance proceeds to which such taxes are attributable pass under this Will or not, shall be paid out of my residuary estate; that my Executrix pay, or provide for payment of all such taxes at such time, or times, and in such manner as my Executrix deems best. IN WITNESS WHEREOF, I, WENDELL B. STOCKDALE, JR., the Testator to this, my Last Will and Testament, typewritten on five sheets of paper which I have identified at the bottom of each page by my signature, hereunto set my hand and seal the /'S"'~ day of 1999. i ~sE.~.> NDELL B. STOCXD ~, JR The preceding instrument consisting of this and four other typewritten pages, each identified by the signature of the Testator, WENDELL B. STOCKDALE, JR., was on this day and date thereof signed, published and declared by WENDELL B. STOCKDALE, JR., the Testator therein named, as and for his Last Will,in the presence of us who, at his request, in his presence, and in the presence of each other have subscribed our names as witnesses. ~~~`f~ 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I, WENDELL B. STOCKDALE, JR., Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. WENDELL B. STOCICI~~E, JR. ,/ Sworn of affirmed to and acknowledged before me, by WENDELL B. STOCKDALE, JR., the Testator, the t ~t~, day of F e ~-s > > ~ ~ ~ , 1999. (SEAL) ~ ~ ~ ~c-. ~ ~ ~ s -~c~c-~ _ ~-~ e. ASS Notary Public _ Notarial Seal Michelle M. Bross, Notary Public Susquehanna Twp•, Dauphin County My Commission Expires Sept. 23, 2002 Member, Pennsylvania Association of Notaries 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ~ , ~ ~rQ n C ~. ~ ~ and !~~/~ ~ ~ l F, the witnesses whose We ~ ~ names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator sign and execute the instrument as his Last Will; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. ~J ~r ~~ ~~ Sworn or affirmed to and subscribed to before me by C~.~~ ~ d l~ . Q c~c-1~ ~ ~ ~~ ande ~- ~ L. ~c~~,~~witnesses, this ~~ day of ~ ~s~l , 1999. (SEAL) Notary Public Notarial Seal Michelle M. Bross, NotarX Public Susquehanna Twp., Dauphin County My Gammission Expires Sept. 23, 2002 Member, Pennsylvania Association of Notaries 7