HomeMy WebLinkAbout05-19-11MID PENN BANK, Petitioner
Matthew E. Hamlin, Esquire
Sup. Ct. I.D. #86142
Persun & Heim, P.C.
1700 Bent Creek Boulevard
Suite 160
P.O. Box 659
Mechanicsburg, PA 17055-0659
Tel. No. (717} 620-2440
Fax No. (717) 620-2442
mehamlin(a~~persunheim.com
~~
.. ..
- ~ r\~~
~ '. _
-~
,. d y . . E i '/ t
r~_ ,_
C" , _
_ ~ '.
_ ,
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 CITATION TO SHOW CAUSE WHY CO-EXECUTORS
SHOULD NOT BE COMPELLED TO FILE AN ACCOUNT
PURSUANT TO 20 Pa. C.S.A. SECTION 3501.1
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, Persun & 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, Decedent's Will was admitted to probate and 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 Decedent's Will and Short Certificate for Letters of
Administration are attached hereto as Exhibits "A" and "B", respectively.
3. Under paragraph "SIXTH" of the Will, decedent nominated Fulton Bank to serve
as trustee without naming asubstitute/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".
4. Petitioner is a party in interest since it is the substitute/successor trustee of the
separate testamentary trusts created under paragraph designated "FOURTH" of the Will.
5. That, upon information and belief, more than six months have elapsed since the
first complete advertisement of the grant of Letters of Administration to the Co-Executors,
Wendell B. Stockdale, Sr. and Jane Stockdale, and despite Petitioner's written demand to
counsel for the said Co-Executors that the Co-Executors file an account of the administration of
the estate by May 13, 2011, no such account has been filed. A copy of counsel's demand letter,
dated March l 1, 2011, and estate counsel's letter, dated March 30, 2011., are attached hereto,
collectively, as Exhibit "D".
6. That, upon information and belief, all tax issues relating to the estate have been
resolved, including an Internal Revenue Service income tax claim and related indemnification
claim. of Decedent's former spouse associated with the payment of Decedent's lump sum pension
to her which was subsequently paid to the estate. Upon information and belief, the estate will be
receiving a $25,000.00 tax refund from the former spouse because of the excessive amount of
income taxes withheld from the lump sum pension distribution.
7. That the Honorable M. L. Ebert, Jr. has been previously assigned to adjudicate
Petitioner's petition seeking the Co-Executors to partially fund the testamentary trusts.
2
WHEREFORE, pursuant to Pa. C.S.A. Section 3501.1, Petitioner respectfully requests
that a Citation be awarded, directed to Wendell B. Stockdale, Sr. and June Stockdale, Co-
Executors of the Last Will and Testament of Wendell B. Stockdale, .lr., deceased to show cause
why they should not be ordered to file an account of their administration of the estate, together
with such other, further and different relief this Honorable Court deems just and proper.
Respectfully submitted,
Persun & Heim, P.C.
By: ~+ ~ ~-
Matthew E. lin, Esquire
Sup. CT. I.D. No. 86142
1700 Bent Creek Boulevard, Suite 160
P.O. Box 659
Mechanicsburg, PA 17055-0659
Tel. No. (717) 620-2440
Fax No. (717) 620-2442
Date: May 16, 2011
3
VERIFICATION
I, Daniel J. Madio, II, Vice President and Director of Trust and. Wealth Management with
Mid Penn Bank, have read the foregoing document and verify that the facts set forth therein are
true and correct to the best of my knowledge, information and belief. To the extent that the
foregoing document and/or its Language are that of counsel, I have relied upon counsel in making
this Verif cation.
I understand that any false statements made herein are subject to the provisions of 1$ Pa.
C.S.A. §49904 relating to unsworn falsification to authorities.
DATED: May 16, 2011
Daniel J. Madio, II
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 & HE1M, P.C.
M tthew E. mlin, 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: May 16, 2011
22361v1
5
E ~~-IIBIT A
LAST WILL AI~TD 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
tangib? e perGnn 21_ty Of 1_ike 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, LA URIE 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 flirty 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 Waxed, and of any nature
whatsoe~Ter and wherever situate, to the Tz-ustee hereinafter named, IN TRUST, in equal shares,
for the benefit of zny minor children, DAVID STOCKDALE and JAMS STOCKD.AL.~', for the
following uses and purposes:
1. -The Trustee shall collect all assets of my estate; including the proceeds from any
ins~uraz3~e policies ~x~hich may be a part of my Pstate or otherwise payable to the beneficiaries
hereunder, and shall create a separate trust for the benefit of each of my children. Th.e Trustee
shall hold, manage, invest and reinvest the propert~~ in each trust and collect the income therefrom
as specified herein until each child has attained the age of twenty-eight.
~~ a;~ '~~
%/
' KNOW ALL MEN BY THESE PRESENTS, that I, N~'IYDELL B. STOCKDALE, JR.,
'<• "':~t`•'~ cizrreiitly-residing lIl Camp Hill, Cumberland County, Pennsylvania, being iIl good health and of
~~~ ~.r.--:-•~;°.~ ~~~-~~•= sound': anal disposing memory, do hereby make, declare and publish this as my Last Will and
'I'e'staYnent, hereby revoking .all former Wills and Codicils heretofore made by me.
i _ _
. _.. ......... .. -.i' _ _ __ _~' -__ _ _
r ° ' ".+...°"'."'"""~..+.e..~vrew~oc.~aaN~ .er;-~ `U!. "".. :t iP~-''.;.~.y.~` x 1 .. _. ...._._.r ___.~. .,..
~:• _...~s...._ 'Y;'. :-icli.r :. , ........v...........~.,~..a. _ era':l:k•„xaw~ .o._.....v -- - -
(a) While any child is under the age of twenty-one ears m
for his berief t so much of the income of his trust as my Trustee considers necess rustee shall use
for the welfare, support, education (including cone e both under ~ or desirable,
maintenance of such child, .taking into consideration his other readil ~v~ate and graduate) and
of income. After each child attains the a e of twee y able assets and sources
him in quarterly installments the entire n e income from his trust my Trustee shall distribute to
(b) Whenever my Trustee determines that the income of an .chi .
all sources known to the Trustee is not sufficient for his reasonable support, maintenanc from
education, and that of his immediate family, the Trustee may pay to .him, or use for his be and
so much of the principal of his trust as the Trustee determines to be required for those osf t,
pure es.
(c) When any child_ofmine shall.have attained. the a.ge of t~,eu~ _six e
Trustee shall distribute to him an amount equal to one-half (7/2) of the then remainin y rincimy
and .accumulated income of his trust. g P pal
(d} When any child of mine shall have attained the .age of twenty-eight ears
my Trustee shall distribute to him the then remaining -principal and accumulated income of lus
trust. .
(e) Upon the death of any child of mine, the Trustee shall distribute an
remaining principal and accumulated income of his trust, as then ~ constituted, to the trust Great y
in this paragraph FOURTH for the benef t of his brother. ed
2. The Trustee may rnalte 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 t
creditox or other such .person because of anticipation of payment by the beneficiar ,and an o any
claim made by way of anticipation by the beneficiary shall be ~of no validity or le al effecsuch
g t.
3 • The Trustee, at its discretion, .may .exhaust all of the rinci
carrying out the purposes of this trust and should the amount held in truest be o abe omels°me rrr
as to make it impractical or economically unfeasible to continue holding said amount in trust11the
Trustee may pay the total amount of said trust directly t A ~ ~ • r ,. '
o th~ bene~.~.,la~y of to a parent or
guardian of said beneficiary or place said amount in a savings account for the benefit of sa'
minor until said minor becomes of age. id
4• The Trustee is to pay the sure of FOUR
month, to JANELL 'S. PENTZ, DONALD PENTZ o~~TJNDRED ($400.00) DOLLARS., per
persons, provided that they are serving as the Guardians orR G ALD ~ ALTERS, and no other
ardran for either of my sons, for
i
~- `~•
2
~ __ _ _-
I
. .,.
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, LA URIC 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 andappoint N~ENDELL 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. A11 references to the Executrix herein shall be
applicable to said substitute Co-Executors.
SIXTH: I hereby nominate, constitute and appoint FULTON BANI% 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 ,IANELL S. PLNTZ and DONALD PENTZ, or the survivor of
them, as guardians of the person or persons of a1ry 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. P,~NTZ and DONALD PL'NTZ, should fail to qualify or cease
to act as guardians fox my minor children, I hereby designate and appoint RONALD N~ALTERS,
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 tune 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 ally 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.
/% '~ ~ ~~ ,
,;
~.-..
• - ~ - .
.. ..z._.-._
..
~~ ..
,"'
..:'
~
"
..
___~... __ ._~- _ ,. .. f....
,
7
::r.F~~yiJ.l~n •., v .gijnc+
rJ ~ A
~_.~es.......-~_._...-.-..__....,._._.... .. .. _._
_. -- - -...._..._....,.~.T..,...._~.,..,_.
~ ~.-. .... ~.. _ ... _:. ". .. / - _ _ _--__ .. ~^ FYI/ ~ J-+-. ~ a. ~ ?~i.]
---•-- '~---~. __-_. -. :_ _ _ _ _ .yam .'~~ r..•.:•.~--
+ar _ _
3 • To retain, without incurrin
me at the time of my death, as long as th~ deem btlity, as investments, an
wise, and even though s P hp ro e caned by
.the kind of property an Executrix or Trustee would urc P p rt3' is not
to retain such property might violate sound diversifications ras an investment; and even though
p inciples.
4• To cause any security .or other ro e
or of my estate to be issued, held or registered inphe~ir oW cln may constitute a portion of a trust
or in such form that title will pass by delivery. tee' °r ~ ~e name of a nominee,
5• To consent to the reorganization, consolidation re
structtue, or sale of the assets of any corporation or other or adJustment of the financial
constitute a ,portion of a trust or of m estate gamzation, the securities of which
Y 'and to take any action with reference to such
securities which, in the opinion of the Executrix or Trustee is ne.c
airy Bach reorga~zation, consolidation, readjustment or sale; to eXees~ary to obtain the benerit of
or subscription right .given to them as owner of any securities concise any conversion privilege
of my estate resultin ~ from an reora ituting a portion of a trust. or
subscription. g Y banization, consolidation, readjustment, sale, conver
sion or
6• To pay all costs; taxes, charges_an.d ex e
of a trust or of my estate, including such compensations to iE connection with the administration
in accordance with established fees throughout the eriod o f xecutrix or Trustee which shall be
estate. P administration of a trust or of my
~• To determine what is
decision thereon shall be final; and to . '~~ °ine" and what is "principal" hereunder, .and their
p base securities at a premium or discount, and to a 1
or charge said premium or discount against income or rinci al
determine. P p as the Executrix or Trustee -may
S • To transfer, sell, exchan e
or other-wise dis ose of an g ~ partition, lease, mortgage, pledge, give options upon,
o~erwi.se. P Y Property at any time held by them, at public or riv
p ate sale, ox
9• To borrow money from an
y person, firm or corporation, including any corporation
acting as an Executrix or Trustee hereunder, for the
improving my estate or trust hereunder; to execute purp°se of protectin
amounts so borrowed, promissory notes or ghee oblieserving or
gations for
l ~ • To employ legal counsel, accountants broke
managers and other agents and employees and to pa ~ them rs~ zrivestrnent advisors, custodians,
estate or any funds held hereunder to which said com en easonable coznpe11sation out of my
p sction xs attributable.
a ~ ~,
~ .~
v~
4
j ~__
..c w-. J - ........ M ~..~ Y. _ -... ~. .
' ..
_ _ 11. To carry on any business owned or controlled by me at m death for
I y 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 alI other acts in their judgment necessary or desirable for the proper and
advantageous management, investment and distribution of a trust or of my estate.
NrNTH: 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
~a ' ~b~ ~abl~~`~.~ . , lk,~ +~~Willt shall u t
. ~urde ~~s~ ,,! or,~ not;, be paid out: of rn re ar eta
f~~~ ~ -~~. ~7 ~ ~ ~ .~ ~ , ~ ,~~ ~. ;;~,.,, r ~, ,r. , r , Y si d y s te; tha my
'~ ~x~cu~ < < ~, > aL , _or pro~nde, ors.=; ay.~nent of~ all such`. taxes at such' tune or times. and in such
,m~.. ~-xe~cu `deems", bes :- ~4
. '€ { .. 71~Rl5~~~'x1P }'.JUai~~ ~`~~ t.:l-..~~At ~ .f ~ ~, i _ 't ~,
,~ ~. 92:' R9P ~ ~Mi.r.~~.~Y~•, ~ •.k,r~ i?Y - t~ •. •. ~~ t t ~~..~r ~~ ~~•F~ ~
., ~' '~~ ~" IN ~ WITNBSS~ WHEREOF, I, ~'.ENDELL B. S.TOCIfDALE, JR., the Testator to this,
ray T ast W.1ll .and Testar~.ent, . typewritten .flr f ve 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
T-~r~-`r~~vy r/ 1999..
WENDElL B. STOCKD , JR
The preceding uzsti-ument consisting of this and four other -typewritten pages, each
identified by the signature of the Testator, N~NDELL B. >.S`TOCKDALE, JR., was on this day
and date thereof signed, published .and declared by WEND.ELL B. S`TOCKD.ALE, JR., the
Testator therein named, as and for lus Last Will,in the presence of us who; at lus request, in his
presence, and in the presence of each other have subscribed our names as witnesses.
5
.~ w,.~ .,,.,.n .
COMMONWEALTH OF PENNSYLVANIA ~ ~. . _.,., .
COUNTY OF DAUPHIN
I, WEIYDELL B. S'TOCICU~4LE, TR., Testator whose name is signed to the attached or
foregoing instrument, having been duly qualified according to law, do hereby acknowIed e that
I signed and executed the instrument as my Last Will; that I signed it willingly; and that I gi ed
it as my free and voluntary act for the purposes therein expressed.
R'-~ND.L~'LL B. S'TOCKD , JR.
Sworn of affirmed to and acknowledged before me, by 1g'END.~LL B. S'TOCKD,4LE JR. th
Testator, the l nth da of ~ e
y ~~ ~~-~ , ~, ~~,~~______--, 1999.
(SEAL)
Notary Public
Notarial Seel
Michelle M. Bross, Notary Public
Susquehanna Twp., Dauphin County
My Commission Expires Sept 23, 2002
Member, Pennsylvania Association of Notaries
6
CUMMUN W.f/AL1~H Ur~ Y~NNSYL~'AN1A
COUNTY OF DAUPHIN
We ~~4 v ~ b ~~ ~~ n C ~ ~ ~ and ~~~-~/~ ` ~ ~ ~ /f "/-~ 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 our 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 ~-1~ ti t ~ la . e dc~~ ~ ~ ~'~
ands c-~~.rrc~ ~L . ~c~-k~LC~witnesses, this ~~.~ day of ~ ~ cam, ~ , 1999.
(SEAL,}
Notary Public
Notarial Seal
Michslle M. Bross, Notary Public
~. Susquehanna Twp., Dauohin County
My Commission Expires Sept. 23, 2D02
Member, Pennsytvanla Association of Notaries
7
...,._ T.T_~ ..~---_.__.._._..____.---.__-__...----.--_..__.._. _. _
-; -~ ~ ..
~.
EXHIBIT B
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SHORT CERTIFICATE
I , GLENDA EARNER S TRA 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 th e
estate of WFNDELL B STOCKDALF JR 1 a to of SlL VFR SPRING TD WNSHIP
(First, Middle, Lastl
in said county, deceased, to WFNDELL B STOCKDALF SR and
' (First, Middle, Last)
JANE STOCKDALF
/First, Middle, Lastl
and that same has not since been revoked .
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the
seal of said office a t CARLISLE, PENNSYLVANSA, this 3rd day of December
Two Thousand and Nine .
File No.
PA File No.
Dat-*e of Death
S . ~7 . #~
2009- 0 ~ 040
L / - v/- l v~-rV
l V/L.7/LVVJ
er
eputy
NOT VALID WITHOUT ORIGINAL SIGNATURE AND .IMPRESSED SEAL
EXHIBIT C
~ ~, ;' ~,
1
SEPARATE TRUSTS UNDER THE
LAST WILL AND TESTAMENT
OF WENDELL B. STOCKDALE, JR.
FOR THE BENEFIT OF
JAMES STOCKDALE AND DAVID STOCKDALE
1 ~ ~~! j i
~.~ ~~t,e.. / ,
NOMINATION AND ACCEPTANCE OF SUBSTITUTE/SUCCESSOR TRUSTEE
~' f,
THIS AGREEMENT, made this .~~ 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
parried his then wife, Laurie 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. Sto.clcdale and Jane H. Stockdale, submitted
the Will for probate with the Register of Wills fox 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 Fotu-~h 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"), Tale 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 Pa.C.S.A. §7761(b). Fulton Banlc's
renunciation is attached hereto as Exhibit "A" and is incorporated herein by referenr e.
Thus, there is a vacancy in trusteeship as defined in 20 Pa. C.S.A. §776)(1). ~'
p
Q ~ ;•-r ;
i~~.-. i ~_,
~
~~
rn n ....~
~
m ,~
_~ .
L
_
U~ ~J (U ~
~"~ ~"~
~ ~
m C^~°~
m
Page 1 ~~ ~ ~~
. -
~
_~ ~ .
,.
~-~~
cn ~-,
E~
~L~. 1
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 Perin Bank is willing to serve as Trustee of the Separate Trusts.
IL 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 Stockdale, 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 maybe executed in multiple
counterparts, each of which -may contain the signatures of one or more of the Parties, all
of which, taken together, sha!! constitute one and the same document.
.~
J ~ S STOCKDALE
'~1
~• ,~ `~ ~
V
DAVID STOCKDALE
MID PEI~IN BANK
B lT ~ l
Page 2
C L E R M ~~ N T RECEIVED
WEALTH STRAT,FGIES
(717) 291-2719
September 16, 2010
Stephanie Kleinfelter, Attorney-At-Law
Keefer, Wood, Allen & Rahal, LLP
635 North 12th Street, Suite 400
L;erreyne, PA 17>J~3 .
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
7~o ensure compliance with the requirements imposed by fhe Internal Revenue Service in Circular 230, we are informing you that
any tax advice, which maybe contained In this document or any attachment hereto cannot be used, and is not intended to be used
for the purpose of (i) avoiding penalties that the IRS might attempt to Impose under fhe U. S, Internal Revenue Code, or (1!)
promoting, marketing or recommending to another party any transaction or matter addressed In this communication
One Penn Square, P.O. Box 7989
Lancaster, PA 17604
- clermontwealth.com
EXHIBIT D
Persu n cS': Heim, P. C.
Attorney's at Lam'
LLO~'r~ a. P>JRSUn~
GAR)' J. H);IM
MATTHGN' E. t1AMLlf~"''
VICKI' ANA' Tli1MM1;R'~*
JGNNiF1;12 UCNCHAIC WGTZGL
*ALSO N~~1' YORK I3AR
*"~ ALSO A CPA
VIA FACSIMILE (717) 234,4224
AND FIRST-CLASS MAIL
Stephen J. Dzuranin, Esquire
ViTix, V~/enger & Weidner
508 North Second Street
P.O. Box 845
Harrisburg, PA 1 7 1 08-0845
1700 Bent Creels Boulevard
Suite 160
Mechanicsburg, PA 17050
Please reply to.•
PO I3oa 659
Mechanicsburg, PA 17055-0659
IiTTJ';//V1'VI'V1'.1'I;I2SUNH EIM. COM
March 1 1, 2011
Re: Estate of Wendell Stockdale, Jr.
Our File No. 10269-6
Dear Stephen:
IRS NU. 2G-37$G257
(717) 62o-2aao
FAQ;: (717) 620-2442
mehamiin~persunheim.com
This letter is in response to the settlement proposal on the counsel fees issue outlined in your letter
of Februar}' 25, 2011. I have examined the proposal with Mr. Madio of Mid Penn Bahl: ("Bank") and
Attorneys Kleinfelter and Trimmer. Please be advised that the Bank finds the proposal unacceptable.
On behalf of the Bank, demand is hereb}' made that the co-executors prepare and file with the
Cumberland Count}' Orphan's Court on or before Ma}~ 13, 201 l a final accounting. The filing should be on
notice to the Bank as an interested part}' 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 Banlc. 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 V1~ill and Testament for the benefit of David Stockdale and James
Stoc]dale be partially fimded. 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 Banlc's objections. Upon funding, the Bank.
will execute a receipt and release, excluding an}' claims against the co-executors for payment: of
unreasonable counsel fees to }'our firm and related claims.
Please contact me regarding arrangements for the partial funding of the testamentar}' trust. Than]<
you for }your anticipated cooperation.
. Sincerely,
Matt few 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 e-mail)
21308v1
~ ,s
WIX, WENGER &WEIDNER
A PROFESSIONAL CORPORATION
RICHARD H. WIX ATTORNEYS AT LAW
STEVEN C. WILDS
THERESA L. SHADE Wlk ' 508 NORTH SECOND STREET
DAVID R. GETZ POST OFFICE BOX 845
STEPHEN J. DZURANIN
JEFFREY C. CLARK HARRISBURG, PENNSYLVANIA 17108-0845
PETER G. HOWLAND
(717) 234-4182
Also MemberMassachusehs Bar FAX (717) 234-4224
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:
THOMAS L. WENGER
DEAN A. WEIDNER
ROBERT C. SPITZER
Of Counsel
Suburban Office:
4705 DUKE STREET
HARRISBURG, PA 17109-3041
(717)652-8455
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.
!n additior;, the Estate includes certain .collectable coins and firearms that +.nre
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
..
By
~eph~~i'J. ~zuranin
SJD/jey
cc: Mr. and Mrs. Wendell B. Stockdal .ter.
Robert C. Spitzer, Esquire /~