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SEPARATE TRUSTS UNDER THE
LAST WILL AND TESTAMENT
OF WENDELL B. STOCKDALE, JR.
FOR THE BENEFTT OF
JAMES STOCKDALE AND DAVID STOCKDALE
THIS AGREEMENT, made this day of September 2010:
WITNESSETH
NOMINATION AND ACCEPTANCE OF SUBSTITUTE/SUCCESSORTRUSTEE
I.
THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows:
1. On October 29, 2009, Wendell B. Stockdale (the "Decedent") died testate, a
domiciliary of Cumberland County, Pennsylvania.
2. In his Last Will and Testament, dated February 15,1999 (the "Will"), the Decedent
named his then wife, Lautie J. Stockdale, the beneficiary and Executor of his Estate. The
Decedent and Laurie J. Stockdale divorced after the Decedent executed the Will.
Accordingly, pursuant to Pennsylvania law, Laurie J. Stock is treated as having
predeceased the Decedent.
3. The Decedent's parents, Wendell B. Stockdale and Jane H. Stockdale, submitted
the Will for probate with the Register of Wills for Cumberland County, Pennsylvania (the
"Register"). The Register appointed Wendell B. Stockdale and Jane H. Stockdale the
Co-Executors of the Decedent's Estate.
4. Under Paragraph Fourth of the Will, the Decedent's residuary estate is held in
separate trusts for the respective benefit of the Decedent's sons, James Stockdale and
David Stockdale (the "Separate Trusts"). The Decedent Warned Fulton Bank, or, its
successors, as Trustee of the Separate Trusts under Paragraph Sixth of the Will. The
Decedent did not designate a substitute or successor Trustee.
5. By letter dated September 16, 2010, Fulton Bank renounced its right to serve as
Trustee of the Separate Trusts as permitted by 20 Pa.C.S.A. §7761(b). Fulton Bank's
renunciation is attached hereto as Exhibit "A" and is incorporated herein by~ference. ~
Thus, there is a vacancy in tnrsteeship as defined in 20 Pa. C.S.A. §7764(a~ ° ~ ~t
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6. James Stockdale and David Stockdale, the beneficiaries of the Separate Trusts,
wish Mid Penn Bank to serve as Trustee of the Separate Trusts.
7. ,Mid Penn Bank is willing to serve as Trustee of the Separate Trusts.
II. NOW THEREFORE, in accordance with 20 Pa.C.S.A. §7764(c) and 20 Pa.C.S.A.
§7761(x)(2) James Stockdale and David Stockdale, hereby nominate and appoint Mid Penn Bank
as Trustce of the Separate Trusts created under the Last Will and Testament of Wendell J.
Stockdale, Jr. for their respective benefit and Mid Penn Bank hereby agrees to accept trusteeship of
the said Separate Trusts. The Parties agree that this Agreement may be executed in multiple
counterparts, each of which may contain the signatures of one or more of the Parties, all
of which, taken together, shall constitute one and the same document.
S STOCKDALE
DAVID STOCKDALE
MID PENN BANK
BY: ~
Page 2
KEEPER WOOD ALLEN & RAHAL, LLP
ROBERT L. WELDON ATTORNEYS AT LAW ESTABLISHED IN 1876
EUGENE E. PEPINSKY, JR. G3S NORTH I2T" STREET, SUITE 400
JOHN H. ENDS ~ OF COUNSEL•
dARY E. FRENCH LEMOYNE. PA 17043 N. DAVID RAHAL
BRADFORD DORRANCE SAMUEL C. HARRY
JEFFREY 5. STOKES PHONE 717-612-5800 CHARLES W. RUBENDALL II
ROBERT R. CHURCH FAX 717-612-5805
STEPHEN L. GROSE HARRISBURG OFFICE:
R. SCOTT SHEARER EIN No. 23-0716135 210 WALNUT STREET
ELYSE E ROGERS wWW.k98fBrvVOOd.COrt1 HARRISBURG. PA 17101
CRAId A. LONGYEAR
JOHN A. FEICNTEL PHONE 717-255-6000
STEPHANIE KLEINFELTER
DONALD M. LEWIS ~
TODD F. TRUNT2
LAUREN S. WELDON 717-91'7786
skleinfelter@keeferwood.com
Fax: 717-612-5805
October 8, 2010
Glenda Farner Strasbaugh
Register of Wills, Cumberland County
One Courthouse Square
o s;
Carlisle, PA 17013-3387
o
Re: Separate Trusts Under The Will Of ~~ ~ c'r
Wendell B. Stockdale, Jr. ~~~ N ~:
File 2009 1040 o c-;: : ~-,
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Dear Glenda:` ~~ {_
~.~~
Please file the following enclosed documents: a a
1. Fulton Bank's renunciation to serve as Trustee of the Trusts Under the
Will of Wendell B. Stockdale, Jr.
2. Nomination and Acceptance of Substitute/Successor Trustee.
I ask that you date stamp the enclosed copies thereof and return the same to
me for my records. I have enclosed a $20 check in payment of your filing fees
(which Marjorie has confirmed is the correct amount for filing these documents) and
a self-addressed stamped envelope for your convenience.
Sincerely,
KEEPER WOOD ALLEN & RAHAL, LLP
By /
Ste h~Kleinfelter
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SK/waw
Enclosures
cc: James Stockdale (w/enclosures; via a-mail)
David Stockdale (w/enclosures; via a-mail)
Daniel J~ Madio, II, Vice President, Trust & Wealth Management Director,
Mid Pend Bank (w/enclosures; via a-mail)