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Matthew S. Crosby, Esq.
I.D. No. 69367
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238-2000
Fax: (717) 233-3029
E-mail: Crosbvca>.hhrlaw.com
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Attorneys for Petitioner
IN THE MATTER OF BENJAMIN J.
RITTER, by and through his natural
parent and legal guardian,
CANDI YINGER,
: COURT OF COMMON PLEAS
: ORPHANS' COURT DIVISION
: CUMBERLAND COUNTY, PENNSYL VANIA
Petitioner
: NO. 21-06-1022 ORPHANS'
: GUARDIANSHIP-IN CAP ACIT A TED
: PERSON
SUPPLEMENTAL PETITION FOR LEAVE TO SETTLE ON BEHALF OF BENJAMIN
J. RITTER. AN INCAPACITATED PERSON. PURSUANT TO PA.R.C.P. 2064
Pursuant to Pennsylvania Rule of Civil Procedure No. 2064, Candi Yinger, natural parent and
legal guardian of Benjamin J. Ritter, an incapacitated person, by her attorneys, HANDLER,
HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., hereby petitions this Honorable
Court to enter a Supplemental Order, clarifying the distribution of the settlement proceeds, approved
by this Honorable Court on February 13, 2007 and avers:
1. Benj amin J. Ritter was born on September 13, 1986, and, therefore, is twenty years
old. He became incapacitated on August 5, 2006, as a result of catastrophic injuries sustained in a
motorcycle accident.
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2. Petitioner, Candi Yinger, an adult individual, is the plenary guardian ofthe person
and Estate of her son, Benjamin J. Ritter, and was appointed as such by Order of This Honorable
Court on November 28, 2006. She currently resides at 1328 Pine Road, Carlisle, Cumberland
County, Pennsylvania.
3. Petitioner's counsel, Matthew S. Crosby, Esq., was successful in obtaining an initial
Vnderinsured Motorist (VIM) injury settlement from Progressive Insurance Co., who insured the
motorcycle that Benjamin was operating at the time of this crash. Said $25,000 settlement was
approved by this Honorable Court by a February 13,2007, Order.
4. Shortly thereafter, Petitioner's counsel confirmed that Benjamin was the recipient of
Medical Assistance benefits through the Department of Public Welfare (DPW) and, through his
mother, had applied for Social Security benefits with the Social Security Administration.
5. No disbursement of funds was made with respect to the $25,000 VIM settlement to
date.
6. The Petitioner wishes to place the aforementioned settlement proceeds into a Special
Needs Trust that would allow Benjamin to receive Social Security, and continue to receive Medical
Assistance, benefits, if otherwise eligible.
7. If a Special Needs Trust were not established for Benj amin, he may become ineligible
for Medical Assistance benefits and, in fact, may not qualify for Social Security benefits.
8. Therefore, Petitioner retained the McAndrews Law Offices, P.C. , to draft the
attached Special Needs Trust documentation to protect Benjamin J. Ritter's entitlement to Social
Security and Medical Assistance benefits, as well as to preserve some limited assets for his special
needs that are not expected to abate in any material manner in the near future.
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9. Under the Medical Assistance law, as amended in the Omnibus Budget
Reconciliation Act of 1993, disabled individuals such as Benjamin Ritter, who received Medical
Assistance benefits, may be the beneficiary of trusts that are established for their benefit and that
provide services and funds to the extent that necessary services are not provided through Medical
Assistance funds. 42 U.S.C. ~1396p (d)(4).
10. The transfer of monies into the attached trust agreement fully complies with
Federal and state law and furthers the public policy of allowing disabled individuals to maintain
some level of financial independence; moreover, upon the death of such a disabled individual,
any sums in the trust would be available to the Commonwealth of Pennsylvania and/or the Social
Security Administration to repay these agencies for expenditures made through the Medical
Assistance Program for him during his lifetime in the manner and extent described by law.
11. Under the Social Security Act, 42 U.S.C. ~1396p (d)(4)(A), a Special Needs Trust
may be created by the disabled beneficiary's parent, grandparent, court-appointed guardian, or a
court. Benjamin 1. Ritter's mother, Candi Yinger, has created this Trust and submits the attached
Trust to this Honorable Court for approval, as part of the aforementioned settlement. Previously,
Petitioner's counsel had requested, and this Honorable Court had approved, distribution of
$14,255.52 to Benjamin's natural mother and legal guardian, Candi Yinger, directly.
12. Petitioner now requests that these funds be directed into the aforementioned
Special Needs Trust, identified and attached hereto, made a part hereof, and marked "Exhibit A."
13. In addition, Plaintiff requests that this Honorable Court approve direct payment of
$1,931.26 to Dennis C. McAndrews, Esq., in payment for his legal services in drafting the
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aforementioned Special Needs Trust Agreement. See invoice, attached hereto, made a part
hereof, and marked, "Exhibit B."
14. Petitioner believes that this compromise is in is in the best interests of her
incapacitatede son, Benjamin 1. Ritter, and will allow her son to continue to receive Medical
Assistance benefits and/or qualify for additional Social Security benefits.
WHEREFORE, Petitioner requests this Honorable Court to:
a. Approve the Compromise above-stated;
b. Authorize the payment of fees above-stated from funds due; and
c. Direct payment of the net funds due, in accordance with the Compromise
above-stated.
Respectfully submitted,
HANDLER, HENNING & ROSENBERG
DATE:~
BY:
Matthew S. Crosby, Esq.
J.D. No. 69367
Attorneys for Petitioner
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VERI FICA TION
I, Candi Yinger, natural parent and legal guardian of Benjamin J.
Ritter, hereby verify that the statements made in the foregoing pleading are true
and correct to the best of my knowledge, information, and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S.A.,
Section 4904 relating to unsworn falsification to authorities.
DATE:
+/tIJ1
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CANOl YING ,
natural pare t and legal guardian of
BENJAMIN J. RITTER
.
<<
\0
THE BENJAMIN J. RITTER SELF-FONDED SPECIAL NEEDS TROST AGREEMENT
This Trust Agreement is entered into by Candi Yinger, residing
at 1328 Pine Road, Carlisle, Pennsylvania 17013, as parent and
legal guardian of Benjamin J. Ritter, hereinafter referred to as
"Settlor", and The ARC Community Trust of Pennsylvania, 1004 West
Ninth Avenue, King of Prussia, Pennsylvania 19406-1205, and other
offices, as Trustee (hereinafter referred to as "Trustee"), to ~ct
on behalf of the Beneficiary. This Trust shall be known as "The
Benjamin J. Ritter Self-Funded Special Needs Trust".
ARTICLE I. TROST ESTATE
1. 01
Transfer to Trust The Settlor will, upon the signing of
this Trust Agreement and without consideration on Settlor's part,
transfer and deliver to the Trustee the sum of twenty dollars
($20.00), receipt of which is acknowledged, and other certain
assets which, together with the interest thereon, shall constitute
the trust estate.
The trust estate shall be held, managed, administered,
and distributed by the Trustee as hereinafter provided for Benj amin
J. Ritter, who resides at 1328 Pine Road, Carlisle, Pennsylvania
17013, hereinafter referred to as "Beneficiary".
1. 02
Additions to Trust Estate The Settlor, and any other
person, shall have the right at any time to add property acceptable
to the Trustee to this Trust and such property, when received and
accepted by the Trustee, shall become part of the trust estate;
provided however, that no funds shall be placed in the trust after
EXHIBIT A
I
~
the beneficiary reaches the age of sixty-five (65) years unless
authorized and appropriate under the then-existing law.
1.03 Successor Corporate Fiduciarv If any Bank or Trust
Company ever succeeds to the Trust business of a corporate
. fiduciary serving as a Trustee under this Agreement, whether
because of a name change, or any other form of reorganization, or
if such corporate fiduciary ever transfers all of its existing
business to any other Bank or Trust Company, the successor shall.
thereupon, without any action being. required, succeed to the
Trusteeship hereunder as if originally named.
ARTICLE II. IRREVOCABILITY OF TRUST
This Trust shall, irrespective of any legal presumption to the
contrary, be irrevocable and shall not be altered, amended, revoked
or terminated by any person except by the Trustee as (1) is
permitted by law while retaining the irrevocable nature of this
Trust, and (2) necessary to respond to (a) the requirements of an
administrative agency with the authority to dispense public
benefits or regulate this trust or trustees, or (b) changes in
statutory, regulatory or case law, in order to fulfill the
Settlor's intent to obtain maximum public benefits for the
beneficiary and maximum legal protection of the assets of the Trust
from invasion or assessment as set forth herein, including, but not
limi ted to, the naming of additional or different contingent
beneficiaries who would take their share after the payments made in
2
. .
Article IV have been made. This Trust is subject to the continuing
jurisdiction of the relevant Orphans' Court of Common Pleas,
including the Court's right to modify or terminate, for cause
shown, although this Trust is otherwise irrevocable.
ARTICLE III. DISTRIBUTION
During the lifetime of the Beneficiary hereunder, the Trustee
may, in its sole, absolute, unfettered and unrestricted discretion,
and after considering federal, state, or local entitlements,
programs or other benefits, payor. apply the principal and/or
income of this Trust for the special needs of the Beneficiary;
provided however, that such applications of principal and/or income
shall be to the extent not suitably provided for by insurance or by
federal, state, or local entitlements, programs, or other benefits
of any nature whatsoever and further provided that such application
of principal and/or income shall be made for the sole benefit of
the Beneficiary and in such a manner as to meet the special needs
of the Beneficiary while seeking to maximize the Beneficiary's
eligibility for such federal, state, and local entitlements,
programs, or other benefits of any nature whatsoever. It is the
intent of the Settlor to maintain the highest degree of federal,
state, or local entitlements, programs and other benefits for the
Beneficiary at public expense while seeking to fulfill the special
needs of the beneficiary, and to protect principal and income of
this Trust from invasion or assessment by any federal, state, or
3
local governmental or other agency or insurance company or provider
of publicly-funded services for reimbursement during the lifetime
of the Beneficiary, for (or the provision of), monies, services, or
assistance of any kind which has been, or will be, expended upon or
provided to the Beneficiary herein. The provisions of this Article
are to be read in conjunction with the rights of providers of
services/entitlements set forth in Article IV to recover assets for
repayment to the extent mandated by statute, regulation, or
judicial decision.
If ordered by the Court, the Trustee shall
provide the Commonwealth of Pennsylvania with an informal
accounting of the receipt and distribution of income on an annual
basis. A copy of the Trust, as well as any future required notice
to the Department of Public Welfare and Social Security
Administration, shall be directed to:
The Special Needs Trust Depository
Attention: Manager, TPL Section
P.O. Box 8486
Harrisburg, PA 17105-8586
SSI Program Support Team
Attention: Team Leader
Mid-Atlantic Program Service Center
3rd & Spring Garden Streets
Philadelphia, PA 19101
Special needs shall mean those requisite items, products or
services that can be provided to the beneficiary to assist in the
management, care or treatment of the beneficiary's disability and
increase the beneficiary's quality of life.
Special needs shall include but not be limited to medical
4
expenses, dental expenses, nursing and custodial care,
psychiatric/psychological services, recreational therapy,
occupational therapy, physical therapy, vocational therapy, durable
medical needs, prosthetic' devices, special rehabilitative services
or equipment, programs of training, education, transportation and
required travel .expenses, dietary needs and supplements,
professional expenses and insurance costs.
Trustee may, in its sole and absolute discretion, engage from
time to time any individual, corporation, partnership or other
entity to render services to Trustee in guiding its discretionary
distributions pursuant to any standard for distribution set forth
in the preceding paragraph of this Article III. Trustee shall not
be liable for relying upon the advice of any consultant whom it is
reasonable to retain. Trustee may pay for any such consulting
services from the trust estate, without reduction for any
compensation paid to Trustee for its services as Trustee.
ARTICLE IV. TERMINATION OF TRUST AND DISTRIBUTION OF PRINCIPAL
A. Upon termination of this Trust as set forth herein, the'
trustee shall first notify the COMMONWEALTH OF PENNSYLVANIA and
reimburse the COMMONWEALTH OF PENNSYLVANIA and any other government
entity for any unpaid valid lien for medical assistance provided to
Beneficiary to the extent, and only to the extent, as required by
section 1396p(d) (4) (A) of Title 42 of the United States Code or any
successor statute from assets remaining in this Trust at that time.
5
. .
B. If the Trustee determines that it is impractical to
administer the Trust held under this irrevocable Trust because it
is or becomes too small to justify maintaining a trust, or because
it is no longer suitable for the Beneficiary's needs, the Trustee
may terminate this Trust and shall, after making any reimbursement
to the Commonwealth required under this Article, distribute the
principal and income of the Trust as ordered by the court if the
Beneficiary is a minor or incapacitated person, and otherwise to
the Beneficiary outright.
C. This Trust shall also terminate upon the earlier of the
following occurrences:
(1) The death' of the Beneficiary, or
(2) A determination by the Trustee that a bona
fide attempt (as determined solely by the
Trustee) has been made to cause the successful
and significant invasion of, or assessment
upon, either the principal or interest of this
Trust by any federal, state, or local
governmental agency or insurance company or
provider of publicly-funded services or
entitlements.
Any portion of the trust estate remaining after reimbursement
to the Commonwealth required under this Article, shall be paid
pursuant to the limited power of appointment set forth herein, and
if none, to the intestate heirs of the Beneficiary, per 'stirpes,
who currently include Candi Yinger, mother of the Beneficiary, of
1328 Pine Road, Carlisle, Pennsylvania 17013, and Larry Ritter,
father of the beneficiary, of 460 Cranes Gap Road, Carlisle,
6
. .
Pennsylvania, 17013; provided however, if a contingent beneficiary
should then be deceased, then his/her share shall go to his/her
estate. If a contingent or subsequent beneficiary should then be
disabled, incapacitated, or a minor, the Trustee shall hold and
distribute said share for said beneficiary in accord with the terms
of this Trust or as directed by a court of competent jurisdiction.
D. No Trustee shall participate in any decision to terminate
any trust (i) from which current income mayor must be paid to such
Trustee or to a person he or she has a legal obligation to support
or (ii) from which principal would be payable to such Trustee or to
a person he or she has a legal obligation to support if such trust
should then terminate under the provisions of this Article.
E. Limited Power of Appointment The beneficiary, using a
qualified beneficiary designation provided in a signed written.
instrument delivered to the Trustee, will have the limited right to
appoint (redesignate) the post-mortem remainder beneficiary or
beneficiaries entitled to all or any part of the trust property and
the manner in which an appointee is to receive his, her, or its
share, including a requirement that the interest of a designated
beneficiary continue in trust. This power of appointment is
limited in scope and may not be exercised in favor the beneficiary,
the estate of the beneficiary, the creditors of the beneficiary, or
the creditors of the beneficiary's estate. This limitation is to
be construed and applied within the requirements of Section 2041 of
7
the Internal Revenue Code, or its successor statutes.
The limited power of appointment given to the beneficiary may
- .
be exercised in favor of anyone or more qualified charitable
organizations and/or anyone or more charitable remainder trusts
and charitable income or lead trusts.
The exercise by the beneficiary of this limited power of
appointment will override any other directions contained herein as
to the disposition of the remainder of the trust.
ARTICLE V. POWERS OF TRUSTEE
Description of Powers
In order to carry out the purposes of
this Trust Agreement, the Trustee, in addition to all other powers
granted by law from time to time, shall have the following powers:
Retention of Assets
(1) To retain any property received by the trust estate for
as long as the Trustee considers it advisabla.
Investments
(2) To purchase, invest and reinvest in every kind of
property and investments, including real estate without restriction
to so-called "legal investments" for fiduciaries, as authorized by
the Prudent Investor Rule, 20 Pa.C.S.A. Section 7201 et seq. as
amended from time to time.
Manaoement
(3) To manage, control, repair, and improve all trust
property, real or personal.
8
Sales
(4) To sell, for cash or on such terms and conditions as
deemed advisable or desirable by the Trustee, and to exchange any
trust property.
Adiustment of Claims
(5) To adjust or compromise any claims for or against the
trust, and to agree to any rescission or modification of any
contract or agreement.
Borrowing
(6) To borrow money and to mortgage or pledge or otherwise
encumber or hypothecate trust assets as the Trustee may, in its
discretion, deem advisable.
(7) To purchase as an investment for this Trust any assets of
an estate or estates, provided that the price paid for such assets
shall not exceed the fair ma~ket value thereof; and to make loans
to the Settlor's estate or estates at a fair rate of interest and
with adequate security; and to continue to hold assets so purchased
or loans so made as investments hereunder.
Limitation on Powers
(8) All powers given to the Trustee by this Trust Agreement
are exercisable by the Trustee only in a fiduciary capacity. No
power given to the Trustee hereunder shall be construed to enable
the Settlor or any person to purchase, exchange, or otherwise deal
with or dispose of the principal or income therefrom for less than
9
an adequate consideration in money or money's worth; or to
authorize loans to a person except on the basis of an adequate
interest charge and with adequate security. No person, other than
the Trustee, shall have or exercise the power to vote or direct the
voting of any corporate shares or other securities of this Trust,
to control the investments of this Trust either by directing
investments or reinvestments or by vetoing proposed investments or
reinvestments, or to re-acquire or exchange any property of this
Trust by substituting other property of equivalent value.
Good Faith Reliance
(9) Until actual receipt of written notice of any death,
birth or other event upon which the right to receive income or
principal under this Trust Agreement may depend, to make
distributions in good faith free of liability to persons whose
interests have been affected by that event.
Options
(10) To exercise any options, rights and privileges available
to or acquired by Trustee for the purchase of any assets.
Lease
(11) To lease for any term, exchange or sell at public or
private sale any trust assets and grant option to lease for any
term, exchange or purchase any trust assets, in each case without
Court Order.
10
Nominee Name
(12) To hold investments in bearer form, or register them in
Trustee's name or in the name of its nominee.
Subscription Riahts
(13) To subscribe for stock and bond privileges, give
proxies, join in any merger, reorganization or voting trust with
respect to investments under this Trust Agreement, and vote or
refrain from voting any securities.
Distribution.
(14) To make distributions under this Trust Agreement in
cash, in kind or partly in each.
Taxes
(15) To pay any taxes, interest and/or penalties and to apply
for and collect any tax refunds and interest incurred.
Estate Payments
(16) After the payments set forth in Article IV, the Trustee
may make such payment from the principal of the trust estate as
Trustee may think desirable to facilitate the settlement of
Beneficiary's estate, and in the exercise of this power Trustee may
pay in whole or in part, any or all of (i) the expenses of
Beneficiary's funeral, burial and grave marker, and (ii) taxes and
administration expenses of Beneficiary's estate, even though they
do not relate to any property becoming subj ect to this Trust
Agreement. Neither any personal representative nor any beneficiary
11
. .
of Beneficiary's estate should be required to reimburse the Trustee
for any such expenditures.
Real Estate
(17) Trustee may conduct any prudent real estate transaction.
Trustee shall not be deemed to have accepted title to, and shall
not act or be obligated to act in any way as a fiduciary with
respect to, any donated or gifted real property, including any real
property owned or operated by a sole proprietorship, general or
limited partnership, limited liability company, or closely held
corporation, or any interest in any such business enterprise, which
is or may become an asset of the Trust until (i) an appropriate
environmental audit is performed at the expense of the donor of
such property, with the Trustee to determine that conditions at
such real property or operations conducted by such business
enterprise are in compliance with state and federal environmental
laws and regulations affecting such real property or such business
enterprise and (ii) Trustee has accepted such property as an asset
of the Trust by written acceptance given to the donor of the
property in question, or if none, to the beneficiary or
beneficiaries of the Trust (or their natural or legal guardian).
(18) Trustee may pay in whole or part for the establishment of
a reasonable, irrevocable burial reserve and/or burial fund for the
expenses of Beneficiary's funeral, burial or grave marker.
Authoritv to Amend Trust
(19) In accordance with the provisions of Article II, the
12
Trustee may amend this Agreement so that it conforms with federal
and state law, including related statutes, regulations and
policies, governing governmental programs for which the Beneficiary
is eligible, including, but not limited to, Medicaid and
Supplemental Security Income (551).
Authority to Appoint Trustee
(20) Any trustee serving hereunder may, at any time and from
time to time, by executing a written instrument to such effect,
designate another Trustee or Trustees, severally or jointly, to act
on behalf of such Trustee with respect to any specific matter or
matters in connection with any trust hereunder, unless prohibited
by law or order of court. Any such designation may be amended or
revoked at any time and from time to time by a written instrument
delivered to the designee or designees; provided however, that any
third party may rely upon the continued effectiveness of any such
designation until such third party shall have notice of the
amendment or revocation thereof.
ARTICLE VI. DUTIES AND COMPENSATION OF THE TRUSTEE
(1) Allocation of Income and Principal The Trustee shall
determine what is income and what is principal of the Trust created
under this Trust Agreement, and what expenses, costs, taxes, and
charges of any kind whatsoever shall be charged against income and
what shall be charged against principal in accordance with the
applicable statutes of the United States and the Commonwealth of
Pennsyl vania as they now exist and may from time to time be
13
amended.
(2) Relations with Trustee No one dealing with the Trustee
need inquire concerning the validity of anything the Trustee
purports to do, or need confirm the application of any money paid
or any property transferred to or on the order of the Trustee.
(3) Limitation on Trustee's Liability No Trustee appointed
under this Trust Agreement shall at any time be held liable for any
act or failure to act or any act or failure to act of their agent
or of any other person in connection with the administration of the
trust estate, unless caused by Trustee's gross negligence or by a
willful commission of an act in breach of trust.
(4) Compensation The original Trustee hereunder or any
successor Trustee shall be entitled to reasonable compensation for
services as Trustee in accord with its standard schedule of fees in
effect for work as a corporate fiduciary over the period during
which services are rendered. Compensation shall be payable from
income and principal in a manner consistent with the law of the
governing jurisdiction.
(5) Bond No bond shall be required of the original Trustee
hereunder or of any successor Trustee; or if a bond is required by
law, no surety shall be required on such bond.
(6) Successor Trustee If the Trustee named above should be
unable or unwilling to serve, the $ettlor (or, if the Settlor is
deceased or incapacitated, the Guardian of the Estate of the
Beneficiary) may appoint another fiduciary to act as successor
14
trustee. A Trustee may resign without Court apDroval by giving
written notice to the Settlor or a Guardian of the Estate of the
Beneficiary, in a signed and acknowledged instrument. If no
Settlor or Guardian is readily available, a Trustee or successor
Trustee may name a successor Trustee in writing, which shall be
effecti ve upon the written acceptance of the Successor Trustee
submitted to, as reasonably available, the Trustee, Settlor, and
Counselor to the Trust, and if none are reasonably available, the
appropriate Clerk of the Orphans' Court. When the term "Trustee"
is used in this document, it also includes anyone serving as a
successor trustee.
A resignation under this paragraph shall be effective
uponuthe appointment of a successor Trustee. All of the out-going
Trustee's. reasonable fees and expenses (including reasonable
attorney's fees) attributable to the appointment of the successor
Trustee shall be paid by the Trust.
The Trustee may, but shall not absent an Order of Court
be required to, prepare and file accountings for any Court with
notice to the Department of Public Welfare. Prior to delivering
all of the property of any trust hereunder to a succe~sor Trustee
or the making of any partial or complete distributions of Trust
principal, the Trustee may require an approval of this accounting
either by a release in discharge by the Beneficiary or
beneficiaries of any such Trust or by a Court of competent
jurisdiction.
15
ARTICLE VII. SPENDTHRIFT PROVISION
The interests, if any, of a beneficiary in the principal or
income of this Trust shall not be subject to the claims of his/her
credi tors, or creditors of others, including creditors of any
spouse of a married beneficiary, nor to legal process, and may not
be voluntarily or involuntarily alienated or encumbered.
ARTICLE VIII CONSTROCTION OF TROST
(1) Governina Law and Situs This trust shall be governed by
the laws of the Commonwealth of Pennsylvania, unless modified in
writing by the Trustee in a manner consistent with the terms of,
and necessary to effectuate the intent of, this Trust. The situs
of this Trust shall be determined in the discretion of the Trustee
and may be modified by the Trustee to reflect and identify any
county, in which the Trustee maintains assets or conducts business.
(2) Copies To the same extent as if it were the original,
anyone may rely on a copy of this Trust certified by a notary
public to be a true copy of this Trust. Anyone may rely on any
statement of fact certified by anyone who appears from the original
Trust Agreement or a certified copy thereof to be a Trustee
hereunder.
16
IN WITNESS WHEREOF, this Trust Agreement has been signed by
the Settlor and the Trustee on this
day of
, 2007.
SETTLOR: .
Candi Yinger
Witness
TRUSTEE:
The ARC Community Trust
Of Pennsylvania
By:
Witness
Authorized Representative
17
~-
f'
.
. McAnDReWs Law OFFIces, P.C.
30 Cassatt Avenue
Berwyn, Pennsylvania 19312
Phone: 610 648 9300
Fax: 610 648 0433
www.mcandrewslaw.com
Matthew S. Crosby, Esquire
Handler, Henning & Rosenberg,
LLP
1300 Linglestown Road
Harrisburg P A 17110
In Reference To: Benjamin J. Ritter
Professional Services
Dennis C. McAndrews'
Heidi B. Konkler-Goldsmith'
David T. Painter, Ph.D., J.D.
Tanya A. Alvarado
Sarah Davis, J.D., M.Ed.
Gabrielle C. Sereni, J.D., M.S.Ed.
Heather M. Hulse, J. D., M.A., M.S.
Lesley M. Mehalick tt
'Shareholder of the Firm
t t AI~o admitted in Maryland and Virginia
March 12, 2007
Jan Hardy, Paralegal
Elaine Gilmore, Paralegal
Leticia Buck, Paralegal
Pat Barr, Legal Assistant
Kathleen Mercado, Paralegal
Marie Molnar, M.Ed., Education Assistant
Sarah Locher, Paralegal
Hrs/Rate Amount
2/26/2007 Review of SNT Questionnaire 0.13 45.00
360.001hr
2/27/2007 Review of file materials 1.13 275.63
Preparation of correspondence to Mathew Crosby 245.001hr
Preparation of insert into petition
Preparation of correspondence to Trustee
Interoffice communication
Creation of Special Needs Trust 1,200.00
2/28/2007 Telephone communication with Matthew Crosby 0.13 30.63
245.001hr
3/1/2007 Preparation of correspondence to counsel 0.38 13 5.00
Preparation of correspondence to Trustee 360.001hr
Preparation of insert into settlement petition
EXHIBIT B
Central Pennsylvania: 717 221 1422 · Northeastern Pennsylvania: 570 969 1817
r
.
Matthew S. Crosby, Esquire
Page
2
HrslRate
Amount
3/8/2007 Modification of correspondence to Matthew Crosby
Revisions to insert into petition
Review of file materials
Interoffice communication
Final preparation of documents
1.00 245.00
245.00/hr
For professional services rendered
2.77 $1,931.26
Balance due
$1,931.26
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served on the
following counsel:
Larry R. Ritter
460 Crane's Gap Road
Carlisle, PA 17013
Nathan Wolf, Esq.
Wolf & Wolf,
10 W. High St.,
Carlisle, PA 17013
(counsel for Larry Ritter
natural father of Benjamin J. Ritter)
John J, Mangan, Esq.
SA YLEY & MANGAN
57 W. Pomfret St.,
Carlisle, PA 17013
(counsel for Candi Yinger,
plenary guardian of Benjamin Ritter)
by United States Mail, regular service, in Harrisburg, Pennsylvania on April1k, 2007.
G & ROSENBERG, LLP
'1V
B
att rosby, Esq.
Attorney I.D. 69367
1300 Linglestown Rd.
Harrisburg, PA 17110
(717) 238-2000
Attorneys for Petitioner