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HomeMy WebLinkAbout04-14-11MID PENN BANK, Petitioner Matthew E. Hamlin, Esquire n ~., `~ ~c+ Sup. Ct. LD. #86142 ~~ x.. ~ Person & Heim, P.C. rn' z n ~ ~, ?-, 1700 Bent Creek Boulevard ~ z ~ s. , ~ rr~ 7 `_`' `j~' Suite 160 "' ~ ~ = ~--~~ e ' P.O. Box 659 ~~ ~ ~ g- c7 Mechanicsburg, PA 17055-0659 ~ ~ cv rn ~ _ Tel. No. (717) 620-2440 a ~ ~n Fax No. (717) 620-2442 ~1 mehaml in~a,persunheim. com IN RE: ESTATE OF :COURT OF COMMON PLEAS WENDELL B. STOCKDALE, JR., :CUMBERLAND COUNTY, PENNSYLVANIA Deceased ORPHAN'S COURT DIVISION File No. 2009-01040 PETITION FOR CTTATION TO SHOW CAUSE WHY CO-EXECUTORS SHOULD NOT BE COMPELLED TO PARTIALLY FUND TESTAMENTARY TRUSTS PRIOR TO SETTLEMENT OF FINAL ACCOUNT The Petition of Mid Penn Bank, as trustee of the testamentary trusts established under paragraphs "FOURTH" of decedent's Last Will and Testament, dated February 15, 1999, (hereinafter "Will") by and through its attorneys, Person & Heim, P.C., respectfully states the following: 1. Wendell B. Stockdale, Jr. ("decedent") died on October 29, 2009, a resident of Silver Spring Township, Cumberland County, Pennsylvania. 2. On November 6, 2009, Letters of Administration were granted by the Register of Wills of Cumberland County to the decedent's parents, Wendell B. Stockdale, Sr. and Jane Stockdale to serve as Co-Executors of the above-captioned estate. A copy of the Short Certificate for Letters of Administration is attached hereto as Exhibit "A". 3. On March 10, 2009 and prior to decedent's death, a Divorce Decree was issued by the Court of Common Pleas of Cumberland County between decedent and his former wife Laurie J. Stockdale. A copy of the Divorce Decree is attached hereto as Exhibit "B". 4. Under paragraph "SIXTH" of the Will, decedent nominated Fulton Bank to serve as trustee without naming a substitute/successor trustee. Fulton Bank declined to serve in such capacity. With the consent of the trust beneficiaries, Petitioner was subsequently nominated to serve as substitute/successor trustee. A copy of the filed Nomination and Acceptance of Substitute/Successor Trustee and Fulton Bank's written declination are attached hereto, collectively, as Exhibit "C". 5. Pursuant to paragraph "FOURTH" of the Will, two separate testamentary trusts ("Testamentary Trusts") were established to be funded with the residuary of decedent's estate for the benefit of his two sons, David Stockdale and James Stockdale. A copy of decedent's Last Will and Testament, dated February 15, 1999 is attached hereto as Exhibit "D". 6. That, upon information and belief, prior to payment of estate administration expenses and creditors, the probate and non-probate estates had a combined value of approximately $795,000.00. 7. That, upon information and belief, after payment of administration and estate creditors, the combined value of the probate and non-probate estates held by the Co-Executors is approximately $475,000.00, with approximately $450,000.00 of those assets being held in low interest bearing bank accounts and certificates of deposits. 8. A dispute has arisen between Petitioner and the Co-Executors relating to the amount of legal fees charged to the estate and paid to-date by the Co-Executors to the law firm of Wix, Wenger & Weidner that totaled almost ten percent (10%) of the combined value of the probate and non-probate estates. 2 9. That Petitioner has been notifiod tit one of the trust beneficiaries, James Stockdale has to drop out of wllege because he had could not earn enough funds to pay his rent and other expenses while also attending college classes. 10. That the Testamentary Trusts established under paragraph "FOURTH" of the Will provide that the trust corpus is to be used for "the welfare, support, education (including college, both undergraduate and graduate) and maintenance" of the beneficiaries. 11. On March 11, 2011 Petitioner's counsel served a written demand upon estate counsel that the co-executors file a final accounting with this Honorable Court by May 13, 2011 whereupon Petitioner would file objections relating to the excessive and unreasonable legal fees paid by the Co-Executors. A copy of counsel's letter dated March 11, 2011 is attached hereto as Exhibit "E". 12. That in wunsel's letter, Petitioner also requested that the Testamentary Trusts be partially funded, leaving $75,000.00 in the estate to cover reasonable expenses, including those associated with preparation of the final account, in exchange for a written limited receipt and release that preserved Petitioner's right to file objections to the final account. 13. On March 30, 2011 estate counsel notified Petitioner's counsel that the Co- Executors would not voluntarily partially fund the Testamentary Trusts without court approval. A copy of estate counsel's letter dated March 30, 2011 is attached hereto as Exhibit "F" 14. That due to the financial need of at least one of the trust beneficiaries, the funding of the Testamentary Trusts should not await the filing of a final accounting and determination of Petitioner's objections. 15. That the Co-Executors holding of the substantial liquid assets of the estate in low interest bearing accounts and certificates of deposit is not prudent management of those assets. 3 16. That a substantial portion of the liquid assets of the estate should be used to partially fund the Testamentary Trusts at this time. Those assets can be properly invested in a well diversified portfolio comprised of equities and income instruments that will yield a reasonable rate of return for the benefit and use of the decedent's sons as trust beneficiaries to meet their welfare and educational needs, as directed by the decedent in his Will. WHEREFORE, Petition respectfully requests that a Citation be awarded, directed to Wendell B. Stockdale, Sr. and June Stockdale, Co-Executors of the Last Will and Testament of Wendell B. Stockdale, Jr., deceased to show cause why they should not be ordered to partially fund the separate Testamentary Trusts established under paragraph "FOURTH" of the said Will, together with such other, further and different relief this Honorable Court deems just and proper. Respectfully submitted, Person & Heim, P.C. By: tthew E. Ha in, Esquire Sup. CT. I.D. No. 86142 1700 Bent Creek Boulevard, Suite 160 P.O. Box 659 Mechanicsburg, PA 17055-0659 Tel. No. (717) 620-2440 Fax No. (717) 620-2442 Date: April /3 , 2011 4 VERIFICATION I, Daniel J. Madio, II, Vice President and Director of Trust and Wealth Management with Mid Penn Bank, have read the foregoing document and verify that the facts set forth therein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language are that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the provisions of 18 Pa. C.S.A. §49904 relating to unsworn falsification to authorities. DATED: April ~~ , 2011 ~ ame adio, II 21899v1 CERTIFICATE OF SERVICE I, MATTHEW E. HAMLIN, ESQUIRE, hereby certify that I am serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Civil Rules of Procedure, by depositing a copy of the same in the United States Mail at Mechanicsburg, Pennsylvania, with first-class postage, prepaid, as follows: Robert C. Spitzer, Esquire Stephen J. Dzuranin, Esquire Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 PERSUN & HEIM, P.C. By. ~s` Ma hew E. Ha i ,Esquire Supreme Court I.D. No. 86142 P.O. Box 659 1700 Bent Creek Boulevard, Suite 160 Mechanicsburg, PA 17055-0659 (717) 620 -2440 -Phone (717) 620 -2442 -Fax Attorneys for Petitioner, Mid Penn Bank Date: April 14, 2011 21926v1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, SHORT CERTIFICATE R STRA SBA UGH Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 6th day of November, Two Thousand and Nine, Letters TESTAMENTARY in common form were granted by the Register of said County, on the estate of WENDELL B STOCKDALE JR 1 a to of SIL VER SPRING TOWNSHIP (First, Middle, Last! in said county, deceased, to WENDELL B STOCKDALE SR ' !Firs!, Middle, LesU JANE STOCKDALE (First. Middle, LasO and that same has not since been revoked. and IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 3rd day of December Two Thousand and Nine. File No. PA File No. Date of Death S.S. # ~nna_ n~nQn ~~_no ~nnn 10/29/2009 510-54-9318 NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL LAURIE J. STOCKDALE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. WENDELL B. STOCKDALE, JR., : NO, 05 - 3963 DIVORCE DECREE Marr_.h 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 lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action forwhich 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. Certified Copy Issued: March 10, 2009 Attest: J. ~~ l Prothonotary Date (~ (_ •~ SEPARATE TRUSTS UNDER TAE LAST WILL AND TESTAMENT OF WENDELL B. STOCKDALE, JR. FOR THE BENEFTT OF JAMES STOCKDALE AND DAVID STOCKDALE NOMINATION AND ACCEPTANCE OF SUBSTITUTE/SUCCESSOR TRUSTEE THIS AGREEMENT, made this ~V day of September 2010: WITNESSETH 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 reamed his then wife, Laurie J. Stockdale, the beneSciary and Executor of his Estate. The Decedent and Laurie J. Stockdale divorced after the Decedent executed the Will. Accordingly, pursuant to Peimsylvania 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 Pazagraph 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 Dzvid Stockdale {the "Separate T. rusts"}, The Decedent named 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 PaC.S.A. §7761(b). Fulton Bank's renunciation is attached hereto as Exhibit "A" and is incorporated herein by refereno e. V Thus, there is a vacancy in trusteeship as defined in 20 Pa. C.S.A. §776Q~)(1). ° o ;;;~ ~ ~_ O ~ ~~ ~ n x, ;- Ti '. 7 Ci'~ :~ i ' m -- ~~~ N iTi ; i• ~ Q ~..~ ~ ~~ <.. ~ ~ Page 1 C ='~ - _ 77 1 , _ - 1T1 . .. -O ~-- a ~ ~.~,~ .~ 6. James Stockdale and David Stockdale, the beneficiaries of the Separate Trusts, wish Mid Penn Bank to serve as Trustee of the Separate Trusts. Mid Penn Bank is willing to servc 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(a)(2) James Stockdale and David Stoclcdale, hereby nominate and appoint Mid Penn Bank as Trustee 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. L~ SSTOCKDALE -~---~ DAVID STOCKDALE MID PENN BANK BY: ~ Page 2 ~. F-i L E R .M ~~ N T RE~E~~EO WEALTH STRATEGIES (717) 291-2719 September 16, 2010 Stephanie Kleinfelter, Attorney-At-Law Keefer, Wood, Allen & Rahal, LLP 635 North 12~' Street, Suite 400 Lemoyne, PA 17043 RE: Wendell B. Stockdale, Jr. Trust Dear Stephanie: As a follow-up to our telephone conversation, Fulton Bank, N.A. will decline to serve as Trustee for the above Trust. If you need any additional documentation, please let me know. Thank you. Sincerely yours, Carol R. Fahnestock, CTFA Vice President Clermont Wealth Strategies A Division of Fulton Bank N.A. crf 7b ensure compliance wHh the requirements Imposed by the Intemel Revenue Service in Circular 230, we are informing you that any tax advice, which may be contained In this document or any attachment heroto cannot be used, and /s not intended to be used for the purpose of (i) avoiding penalties that the IRS might attempt to Impose under the U. S. Intemel Revenue Code, or (!I) promoting, marketing or recommending to another party any transaction or matter addressed In this communlcaNon One Penn Square, P.O. Box 7989 Lancaster, PA 17604 - clermontwealth.com T AST WILL AND TESTAMENT 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. S2'OCKDALE. In the event that my wife should predecease me or not be living on the thirty-fxr&t 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, 1N 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 ~x~hich 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 hezein until each child has attained the age of twenty-eight. a~/f( / KNOW ALL MEN BY THESE PRESENTS, that I, WENDELL B. STOCSDALE, JR., ~:~ x ~~,cu~e ~: residing in Camp Hill, Cumberland County, Pennsylvania, being in good health and of ~ti~~r~,-0 _~ - ~o~and disposing memory, do hereby make, declare and publish this as my Last Will and Tes'tam'ent; Hereby revoking all former Wills and Codicils heretofore made by me. i F~- _. i..-.v .~. ~..... J+nn-.-...-. ... ~.... .. _ ......r .~ -.-.. `i~.a .. ' ! ~. ~ (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 yeazs, my Trustee shall distribute to him an amount equal to one-half (1/2) of the then remaining principal anal .accwnulated income of his trust. (d) When any child of mine shall have attained the age of twenty-eight yeazs, my Trustee shall distribute to him the then remaining.principal and accumulated income of his fnzst: (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 Guazdians or Guardian for either of my sons, for v 2 .. _ . --f - -- .,~~...-:n-... 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. S7'OCKDALE, 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 subsfitute Co-Executors. SIXTH: I hereby nominate, constitute and appoint FULTONBANI~ or fts 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 .IANELL 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 airy 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. 1~! ~ _~: .12 Y , Y ~.;-' _ _ .~ .~ ~. _ .. .. .. ~ t[:'.~. S.A'T'C .. .. ... .~-:a. .. .rte' ~ __." _ _ _ S' ~ ter' ~ ~«. 3 • To retain, without incurring any liability, as investments, an me at the time of my death, as long as they deem it wise, and even thou h suchp ro e caned by 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.atid ex en§es in connection with the administration P 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. $. 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 ,or 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. I ,direct that all transfer and inheritance taxes, state or federal, assessed ~• o my aearn, wnetner me tunas, property or insurance proceeds to which such taxes are An ea~~ hi~W'ltt Orrc_n0 shall be aid out of Iny-;~,r~esiduary estate; that my c e ate such. e~;, or tubes;, ,and in such `~~'`~''"IN'WITIVESS` WI~REOF, I, WENDELL B. STOCI~DALE, JR, the Testator to this, my Last Will .and Testaoaent,. 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" s day of 1999. (SEAL) ELL B. STOCgD , JR The preceding instrument consisting of this. and four. other typewritten pages, each identified by the signature of the Testator, WENDELL B. STOCRDALE, JR., was on this day and date thereof signed, published. and declared by YVENDELL B. STOCKD.ALE, 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. 5 ~ ~ .d. .... __._..... __..._._ ~'-.>.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I, ~'EIVDELL B. STOCKDALE, TR., 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. STD , JR. Sworn of affirmed to and acknowledged before me, by NrE1VDELL B. STOCKDALE, JR., the Testator, the l ~~~ day of ~c r~-, , r,,,~, , 1999. (SEAT.,) ~ SS Notary Public Notarial Seal Mk;heUe M. Bross, Notaryry Public 8uequehannaTwp. Dauphin t:our>-Y My cbmmiselon Expires Sept 23, 2002 Member, Pennsylvenfa Aseoolation of Notaries 6 ~„ ~ _~. .....___. _.__ r-.. •~. ~~ ' o COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN We ~~ ~ ~ D ~'~ ~~ ri e ~ ~ FF and !~~-T/T L ~ ~ /~ the witnesses whose 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 otir knowledge the Testator was at that time eighteen or more years of age, of sound .mind and -under no constraint or undue influence. ~~-~ ~~~ Sworn or affirmed to and subscribed to before me by Cam. ~ i d l.1 . e cv-1~ ~ t ~' j ande~rrn L. ec~c-k~u"t~witnesses, this tai' day of 1999. (SEAT;) ~~r, e . ~ . "S`~1 -(~l`1~55 Notary Public Notarial Seal Michelle M. Bross, Notary Public Susquehanna Twp., Dauphin County ~~~~ ~ '~ My Gommiselon Expires Sept. 23, 2002 . ,•:.• Memper, Pennsylvania pssodation or Notaries LLOVD R. PERSUN GARY J. HEIM MATTHEW E. HAMLIN* VICKY ANN TRIMMER** JENNIFER DENCHAK WETZEL *ALSO NEW YORK BAR ** ALSO A CPA VIA FACSIMILE (717) 234-4224 AND FIRST-CLASS MAIL Stephen J. Dzuranin, Esquire Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 Persun & Heim, P.C. Attorneys at Law 1700 Bent Creek Boulevard Sulte 160 Mechanicsburg, PA 17050 Please reply to: PO Box 659 Mechanicsburg, PA ]7055-0659 HTTP://W W W. PERSUNHEIM.COM March 11, 201 l Re: Estate of Wendell Stockdale, Jr. Our File No. 10269-6 Dear Stephen: IRS NO. 26-3786257 (717>6zo-zaao FAX: (717) 620-2442 mehamlin aC3persunheim.com This letter is in response to the settlement proposal on the counsel fees issue outlined in your letter of February 25, 2011. I have examined the proposal with Mr. Madio of Mid Penn Bank ("Bank") and Attorneys Kleinfelter and Trimmer. Please be advised that the Bank finds the proposal unacceptable. On behalf of the Bank, demand is hereby made that the co-executors prepare and file with the Cumberland County Orphan's Court on or before May 13, 20] 1 a final accounting. The filing should be on notice to the Bank as an interested party in its capacity as successor trustee. The notice to interested parties and a copy of the final accounting can be served upon me for the Bank. Thereafter, the Bank will file its objections and seek a surcharge against the co-executors. Furthermore, the Bank requests that at this time the testamentary trust established under paragraph "FOURTH" of the decedent's Last Will and Testament for the benefit of David Stockdale and James Stockdale be partially funded. That trust should be partially funded with the estate assets, except for $75,000 that can be retained in the estate until resolution of the Bank's objections. Upon funding, the Bank will execute a receipt and release, excluding any claims against the co-executors for payment of unreasonable counsel fees to your firm and related claims. Please contact me regarding arrangements for the partial funding of the testamentary trust. Thank you for your anticipated cooperation. Sincerely, Mat ew E. Hamlin MEH/ajh cc: Stephanie Kleinfelter, Esquire Daniel J. Madio, II, Vice President, Trust and Wealth Management Director at Mid Penn Bank {Both via a-mail) 21308vt WIX, WENGER &WEIDNER A PROFESSIONAL CORPORATION RICHARD H. WIX ATTORNEYS AT LAW THOMAS L. WENGER STEVEN C. WILDS 508 NORTH SECOND STREET DEAN A. WEIDNER THERESA L. SHADE WIX' ROBERT C. SPITZER DAVID R. GETZ POST OFFICE BOX 845 Of Counsel STEPHEN J. DZURANIN HARRISBURG, PENNSYLVANIA 17108-0845 JEFFREY G CLARK PETER G. HOW LAND Suburban Office: (717) 234-4182 4705 DUKE STREET HARRISBURG, PA 17109-3041 •Alao MemEer Massxhwms aer FAX (717)234-4224 (717)852-ea55 www.wwwpalaw.com March 30, 2011 Matthew E. Hamlin, Esquire Persun & Heim, P.C. P.O. Box 659 Mechanicsburg, PA 17055-0659 Re: Estate of Wendell B. Stockdale, Jr. Our File No.: 8278/15425 Dear Matt: This is to response to your letter of, March 11,.2011.: We.discussed the matter with our clients and are moving forward with preparing an accounting that we will file with the Court and proceed to address any objections that you may file on behalf of the Trustee. We are hopeful that the accounting cari be completed by your May 13, 2011 deadline. We also briefly discussed your request for a partial funding of the Trust and our clients are considering that; however, given the current adversarial nature of the situation, we are not inclined to advise our clients to do so without court approval or some further agreement. In addition, the Estate includes certain .collectable coins and firearms that we would like to coordinate with you as Trustee whether they should be sold or delivered to you to be held as in-kind distributions. Please know that I will be on vacation from Thursday, March 31, 2011 through the beginning of the week of April 11, 2011 and will have limited access to emails and other communications. We will provide any further information or response upon my return. ;, .. _ , .~.. ,. , .Sincerely ~, . Wix, W nger.& Weidner ~ .. SJD/jey cc: Mr. and Mrs. Wendell B. Stockda , Robert C. Spitzer, Esquire `J. 6zuranin