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HomeMy WebLinkAbout02-1085IN RE: DANIEL E. KELLY A disabled adult On the Petition of Helen E. Kelly :1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 07 I- ~c~1 - ~ ~~~J E PETITION TO CREATE AND FUND A SPECIAL NEEDS DISABILITY TRUST FOR 'THE BENEFIT OF DANIEL E. KELLY, A DISABLED PERSON TO THE HONORABLE PRESIDENT JUDGE OF SAID COURT: NOW COMES Petitioner, Helen E. Kelly, by and through her attorney, Marielle F. Hazen, Esquire and files the within Petition to create and fund a Supplemental Needs Trust for the benefit of DANIEL E. KELLY, and in support hereof, avers as follows: 1. The Petitioner is Helen E. Kelly, of 1701 Warren Street, New Cumberland, Pennsylvania 17070, Helen E. Kelly is the natural mother of DANIEL E. KELLY. 2. DANIEL E. KELLY, the disabled adult, currently resides at 1701 Warren Street, New Cumberland, Pennsylvania 17070. He is forty-eight (48) years old, his date of birth being August 22, 1954. 3. DANIEL E. KELLY is not married and has no children. 4. DANIEL E. KELLY is legally blind and suffers from emotional distress, and is disabled as defined in Title XVI of the Social Security Act, 42 U.S.C. §1382C(a)(3). (A copy of a statement fram Lawrence B. Zimmerman, M.D., of Internists of Central Pennsylvania, located at 108 Lowther Street, Lemoyne, Pennsylvania 17043 (Phone: 717-774-7366) is attached hereto as Exhibit "A"). 5. Because of DANIEL E. KELLY's severe disabilities and lack of personal assets, he is presently receiving Supplemental Security Income benefits and Medical Assistance, which is provided through the Pennsylvania Department of Public Welfare. 6. DANIEL E. KELLY has no assets and has always resided with his natural parents. Petit:inner, DANIEL E. KELLY's natural mother, is totally disabled. 7. DANIEL E. KELLY's father was the primary care provider for both DANIEL E. KELLY and 1etitioner for many years. 8. DANIEL E. KELLY's natural father died September 14, 2002. As a result, Petitioner will have to reside in a skilled nursing facility. 9. For the first time in his life, DANIEL E. KELLY will need to reside in a group home setting iin the community. 10. Petitioner's residence will need to be sold because there are no funds available with which to make the outstanding mortgage payments. Petitioner plans to list her property for sale as soon a:; possible. 11. Because DANIEL E. KELLY is disabled as defined by the Social Security Act, Petitioner can transfer the funds she receives from the sale of her residence into a Special Needs Disability Trust for the benefit of her son, DANIEL E. KELLY. 12. This transfer will not effect Petitioner's eligibility for Medical Assistance because there is an exemption under federal and state law for transfers to a trust for the benefit of a disabled child. 13. DANIEL E. KELLY's eligibility for public benefits will not be affected by this transfer because this transfer is permitted pursuant to a special provision of Title XIX of the Social Security Act, specifically 42 U.S.C. § 1396p(d)(4)(A). (A copy of the Trust Agreement is attached hereto as Exhibit "B"). 14. The Social Security Act allows for the creation and funding of a Trust, but requires that the Trust be created and funded under a Court Order. 15. The Special Needs Disability Trust for the benefit of DANIEL E. KELLY was drafted in accordance with 42 U.S.C. §1396p(d)(4)(A) and 55 Pa.C.S.A. §178.7(f)(1). The Trust contains the assets of an individual under the age of 65 who is disabled as defined by the criteria in 42 U.S.C.A.§1382c(a)(3); the Trust was established by the Petitioner, as the natural parent of DANIEL E. KELLY; and the Trust contains a provision that the Commonwealth of Pennsylvania will receive the amounts remaining in the trust upon the death of DANIEL E. KELLY, up to the total amount of benefits paid on behalf of DANIEL E. KELLY. 16. A copy of the Special Needs Disability Trust will be filed with the Department of Public Welfare. 17. Petitioner believes it is in the best interests of DANIEL E. KELLY to have the proceeds from. the sale of Petitioner's residence transferred into the Special Needs Disability Trust created i:or DANIEL E. KELLY's benefit. This Trust will preserve his eligibility for Supplemental Security Income and Medical Assistance benefits, while protecting the funds to provide for his; supplemental needs. 18. Petitioner requests this Honorable Court to consider the entire circumstances of the life and nec;ds of DANIEL E. KELLY, and what is in his best interests in order to maximize the quality of 1-~is life. 19. Petitioner requests this Honorable Court to schedule a Hearing in this matter if such Hearin; is necessary. If no Hearing on this matter is necessary by this Honorable Court, Petitioner fw-ther requests this Honorable Court to enter an Order, authorizing the following: a. The creation of a Special Needs Disability Trust for the benefit of DANIEL E. KELLY, pursuant to 42 U.S.C. §1396p(d)(4)(A) and 55 Pa.C.S.A. §178.7(f)(1), naming DANIEL E. KELLY's sister, Ann Wilson, as Trustee of the Supplemental Trust for the benefit of DANIEL E. KELLY; and b. The authority to fund the Special Needs Disability Trust for the benefit of DANIEL E. KELLY with the proceeds from the sale of Petitioner's residence, and any other funds the trustee or Helen E. Kelly deem appropriate. Respectfully submitted, JAN L. BROWN & ASSOCIATES Date:___~__7-~r,~ By: Marielle .Hazen, Esquire Attorney for Petitioner Attorney ID No. 68003 845 Sir Thomas Court, Suite 12 Harrisburg, Pennsylvania 17109 (717)541-5550 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: ~-7 ~^- On this, the / day of U~ , 2002, before me, the undersigned officer, personally appeared Helen E. Kelly, who, being duly sworn according to law, does depose and say that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. IN W[TNESS WHEREOF, I hereunder set my hand and official seal. ~' , Helen elly SWORN to and subscribed before me this ti 1 day of ~. , 2002. Public NOTARIAL SEAI JESSICA A. HOLLAND, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES MARCH 4 2006 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. -- - Helen E. elly r ~E ~ ~ t t) Z~QO~ • ANIEL E. KELLY : IN THE COURTAOD COO~TOY PLEAS IN RE. D : OF CUMBERL :PENNSYLVANIA : ORPHANS' COURT DIVISION :NO. ~I ba -1~~5- A disabled adult On the Petition of Helen E. Kelly FINAL ORDER OF COURT FOR THE CREATIOT OR FUNDING OF A SPECIAL NEEDS DISABILITY TRU THE BENEFIT O DANIEL E. KELLY A DISABLED PERSON da of 2002, it is hereby ORDERED, AND NOW, this ~ y D and DECREED that the Petitioner, Helen E. Kelly, as the natural mother of DANIEL ADJUDGE E KELLY, will have the authority to: 1. Create a Supplemental Trust for the benefit of DANIEL E. KELLY, pursuant to 42 U.S.C. 1396p(d)(4)(A) and 55 Pa.C.S.A. §178.7(f)(1), naming DANIEL E. KELLY's sister, § ental Trust for the benefit of DANIEL E• KELLY; and ~,nn Wilson, as Trustee of the Supplem 2. The authority to fund the Special Needs Disability Trust for the benefit of L E. KELLY with the proceeds from the sale of Helen E. Kelly's residence and such DANIE other assets as the Trustee or Helen E. Kelly deem appropriate. BY THE COURT: J. Social Security Act, specifically 42 U.S.C. § 1396p(d)(4)(A). (A copy of the Trust Agreement is attached hereto as Exhibit "B"). 14. The Social Security Act allows for the creation and funding of a Trust, but requires that the Trust be created and funded under a Court Order. 15. The Special Needs Disability Trust for the benefit of DANIEL E. KELLY was drafted in accordance with 42 U.S.C. §1396p(d)(4)(A) and 55 Pa.C.S.A. §178.7(f)(1). The Trust contains the assets of an individual under the age of 65 who is disabled as defined by the criteria in 42 U.S.C.A.§1382c(a)(3); the Trust was established by the Petitioner, as the natural parent of DANIEL E. KELLY; and the Trust contains a provision that the Commonwealth of Pennsylvania will receive the amounts remaining in the trust upon the death of DANIEL E. KELLY, up to the total amount of benefits paid on behalf of DANIEL E. KELLY. 16. A copy of the Special Needs Disability Trust will be filed with the Department of Public Welfare. 17. Petitioner believes it is in the best interests of DANIEL E. KELLY to have the proceeds from. the sale of Petitioner's residence transferred into the Special Needs Disability Trust created for DANIEL E. KELLY's benefit. This Trust will preserve his eligibility for Supplemental Security Income and Medical Assistance benefits, while protecting the funds to provide for his supplemental needs. 18. Petitioner requests this Honorable Court to consider the entire circumstances of the life and needs of DANIEL E. KELLY, and what is in his best interests in order to maximize the quality of his life. 11/0?/02 11:31 FA1 ?1? ?7~1 423Z Interni;~ts ;'entral FA ~flliv Peter M. Brier, M.D. Lawrence 6 Zimrreerman, M.U. Andrzej R. !4'alker, M.D. INTE ~NISTS Michael L. Gluck, M.D. Michael A. UeA",lchele, M.D. V. Martha Kapocr, M.D. ~ James A. 'tyndall, M.L'~. Czria 1. Desitr., M.D Vtetrrtya K. Abramova, '.b1 C. Ira J. Packman, M.D. ~omtnlc Mirarchi, ll,0. Dean L. Lehman PA-C ~~~ral Pa lttchard Schreiber, M.D., P.A:.C P, Wenriy Srhaenen. M.D. Beth M Rabedeau, i~~•C L. Lynne Britton, M.D. Patrick Ratnaszmy M.D. Mtchetle L. Latsha, PA-C =LTD. HARRISVSEW PROFESSIONAL CENTER • ID8 LOWTHER ST. ~ P.O. BOX 107 • LEMOYNE, PA 1'493-4107. {717) 774-73E6 FAX (T17) 774423~ RE: DANIEL Kelly To Whom ft May Concern: He is blind in the right eye secondary to birth trauma. He is unable to drive and really got able to care for himself very well. 1 think. it would be appropriate for him to be in a group home for the t:lind. Any further concerns please do not hesitate to :contact me. Sincerely, Lawrence B. Zimmerman, >VI. D. LI37JIjw EXHIBIT "A" r SPECIAL NEEDS DISABILITY TRUST FOR THE BENEFIT OF DANIEL E. KELLY This Declaration of Trust (the "Trust") is established this ~- day of %' 2002, by HELEN E. KELLY, currently of 1701 Warren Street, New Cumberland, Pennsylvania 17070. Helen E. Kelly is the natural mother of DANIEL E. KELLY, currently of 1701 Warren Street, New Cumberland, Pennsylvania 17070, born August 22, 1954, who is an adult disabled individual as defined in Title XVI of the Social Security Act (the "Act"), 42 U.S.C. §1382c(a)(3). This Trust is established in accordance with a special provision of Title XIX of the Act, specifically 42 U.S.C. § 1396p(d)(4)(A), as amended by the Omnibus Budget Reconciliation Act of 1993 (and any federal or state regulations or other rules promulgated pursuant to that provision) which exempts the assets held in the Trust from being included in the determination of Daniel E. Ke;lly's eligibility for, or amount of, medical benefits under a State Plan under the Act, and therefi~re, the property directed to this Trust shall in no way be deemed to have been or to be available to Daniel E. Kelly. Daniel E. Kelly's sister, ANN WILSON, currently of 119 Cricket Lane, Camp Hill, Pennsylvania 1701 1, shall serve hereunder as trustee. In the event ANN WILSON is unable to continue serving as trustee, Daniel E. Kelly's brother, DAVID KELLY, of 638 West State Road, Westgrove, Pennsylvania 19390, shall serve hereunder as successor trustee, with all the same powers as the initial trustee. In the event DAVID KELLY is unable to continue serving as trustee, THE FAMILY TRUST, or its successor(s), of 711 Bingham Street, Pittsburgh, Pennsylvania 1;5203 (888-272-7229) shall serve hereunder as successor trustee, with all the same powers as the initial trustee. The trustee serving hereunder shall hold the proceeds from the sale of Heleri E. Kelly's residence, and any other property acceptable to the trustee which is added to this Tnist, and shall manage, invest and reinvest said property, shall collect the income EXHIBIT "B" therefrom and shall distribute the net income and principal in accordance with the following provisions: FIRST: A. During Daniel E. Kelly's lifetime, the trustee shall pay to or apply directly for Daniel E. Kelly's benefit such parts or all or none of the net income and principal as the trustee shall determine in the trustee's sole and absolute discretion for the extra and supplemental c;are of Daniel E. Kelly, subject to the provisions of Item SECOND herein. Any income which is not distributed shall be accumulated and may be (but is not required to be) added to principal. In exercising its discretion, Trustee may consider all other sources of income and resources actually known to it to be available to Daniel E. Kelly and all circumstances and factors deemed pertinent by the Trustee. In making discretionary distributions to or for the benefit of Daniel E. Kelly, trustee shall not consider the effect such distributions may have upon the interest of any remainder beneficiary. B. Upon the first to occur of Daniel E. Kelly's death or the earlier termination of 1;his Trust, the trustee shall pay to the Commonwealth of Pennsylvania, Department of :Public Welfare, or any successor agency, and/or any other state which has provided Daniel E. Kelly with medical care under a state medical assistance program, as a beneficiary hereunder, an amount which is equal to the lesser of the amount paid to Daniel E. Kelly under such plan or plans from the time of creation of this Trust until his death or earlier termination of this Trust (as finally determined by such state or states), or the balance remaining in the Trust, in accordance with 42 U.S.C. §1396p(d)(4)(A). C. The Trust shall terminate upon Daniel E. Kelly's death and the trustee shall distribute any principal remaining in the Trust, after the distribution directed in 2 paragraph B., IN EQUAL SHARES to Daniel E. Kelly's siblings: ANN WILSON, of Camp Hill, Pennsylvania, and DAVID KELLY, of Westgrove, Pennsylvania, Per Stirpes. SECO1~iD: A. Wherever the trustee has the discretion to determine whether or to what extent principal or income shall be distributed to or used for the benefit of Daniel E. Kelly, the trustee shall consider the resources and sources of funds available to him through any state or federal public ;assistance program. In making this determination, the trustee shall consider that the purpose of this Trust is not to supplant public assistance benefits, but to supplement those benefits by providing only for Daniel E. Kelly's special needs, that is, to provide the extra and supplemental care for Daniel E. Kelly which will not disqualify him from any local, state or federal benefits. No portion of the principal or undistributed income of the trust shall be considered available to Daniel E. Kelly for determining eligibility for assistance from any local, state or federal government agency, department or program. If Daniel E. Kelly receives assistance for basic maintenance, support, care or services, the Trustee is prohibited from using or applying the trust assets in any way that would jeopardize such assistance. In making discretionary distributions to or for the benefit of Daniel E. Kelly, trustee shall not consider the effect such distributions may have upon the interest of any remainder beneficiary. If the Trustee ever petitions the Court to authorize a distribution from principal or to amend or modii:y the terms of the trust, notice shall be provided to the Department of Public Welfare. B. The term "special needs" refers to the maintenance of Daniel E. Kelly's good health, safety and welfare when, in the discretion of the trustee, such needs are not provided by any public assistance agency or other public or private source. Such needs may include but are not limited to extra and supplemental medical and dental care, physical and 3 mental health care, nursing and custodial care, therapies, nutrition, socialization, transportation, maintenance, education, equipment, therapeutic travel and recreation and the like over and above the amount of benefits he otherwise receives from any local, state or federal government or from any other private or public source. C. The payments authorized in paragraphs A. and B. of this Item shall specifically include the following: (1) Payments for the improvement and/or maintenance of a residence suitable for Daniel E. Kelly's special needs, such payments to include all reasonable expenses of insuring, improving, modifying and/or maintaining said residence or of otherwise improving Da~iiel E. Kelly's physical living environment. (2) Payments for the purchase, modification and/or maintenance of a specifically equipped van or other vehicle for Daniel E. Kelly, with title to such vehicle to be held by the legal or natural guardian or custodial caretaker of Daniel E. Kelly, such payments to include the reasonable costs of purchasing, financing, insuring, maintaining and operating said vehicle for Daniel E. Kelly's benefit. The trustee shall retain a lien for the benefit of Daniel E. Kelly on any vehicle purchased pursuant hereto. THIRlri: The trustee is expressly authorized to receive additional property from Daniel E. Kelly or any other person and to administer and distribute it as a part of this Trust. FOURTH: This is a discretionary, non-support trust. No principal or income of the Trust shall be anticipated, assigned, or encumbered. The Trust shall not be liable for any debt, contract or engagement of any beneficiary nor subject to any legal process. No part of this Trust estate shall be construed as being subject to the claims of the beneficiary's voluntary or involuntary creditors. The trustee shall deny any request by any public or private entity to 4 disburse Trust funds for support or other care that such entity has the obligation to provide to the Trust beneficiary. Any discretion under this document, if exercised or not exercised, shall be conclusive upon all persons concerned so long as such discretion is exercised in good faith. FIFTH: Upon Daniel E. Kelly's death, any principal or income to which a beneficiary under the age of twenty-ane years becomes entitled absolutely under the foregoing provisions may nevertheless be retained by the trustee in trust for the beneficiary until the beneficiary attains the age of twenty-one years and income maybe accumulated and invested in accordance with the investment powers given the trustee. The trustee may apply such part or all or none of the income and principal as the trustee may determine in the sole and absolute discretion of the trustee for the education, support and welfare of the beneficiary, by the payment of bills therefor or by direct payment to the beneficiary or by payment to any person selected by the trustee to disburse such funds, whose receipt shall be a complete discharge of the trustee therefor. If the trustee determines that it is impractical to administer a share hereunder, the trustee may in discharge of all duty hereunder deposit it in aninterest-bearing account in the name of the beneficiary, with or without restrictions on withdrawal prior to age twenty-one, as the trustee deems appropriate or may pay the beneficiary's share to the parent or other person having custody of the beneficiary, or may transfer the funds to a custodian designated by the trustee for the beneficiary under the Uniform Transfers to Minors Act of Pennsylvania or similar legislation in arty other jurisdiction. All funds not paid to or applied for the beneficiary in accordance with the foregoing provisions shall be paid to the beneficiary at age twenty-one or to the beneficiary's personal representative in the event of the beneficiary's death prior to age twenty-one. SIXTH: If Daniel E. Kelly's testamentary estate, exclusive of his residence and tangible personal property, shall be insufficient to pay his debts, funeral expenses, and expenses of the administration of his estate, the trustee may in the sole discretion of the trustee pay any part or all of such debts and expenses out of the principal of this Trust but none of said debts or expenses shall'. be enforceable against the trustee by reason of this provision. SEVENTH: All estate, inheritance and other death taxes and any interest and penalties thereon imposed by reason of Daniel E. Kelly's death on property forming the principal of this trust at Daniel E. Kelly's death shall be paid out of the principal of the trust without apportionment or reimbursement. In addition the trustee shall have the power but not the duty to pay from the principal of such trust, either directly or to the personal representative of Daniel E. Kelly's estate, as much of such taxes, and interest and penalties thereon, on the balance of his gross estate for tax purposes as the trustee may determine in order to facilitate the settlement of Daniel E. Kelly's estate. No beneficiary shall be required to refund any part of such taxes, interest or penalties. EIGHTH: All income derived from assets received as principal of this Trust during Daniel E. Kellyy's lifetime which has accrued when such assets become subject to this Trust but which is received by the trustee thereafter, whether the same is legally principal or income, shall be applied in accordance with the provisions herein set forth for the distribution of income. NINTE[: The trustee shall have the following powers during the administration and until the completion of distribution of this Trust and any trusts hereunder in addition to any powers given t:he trustee by law which the trustee may exercise in the sole discretion of the trustee and witihout court approval: 6 A. To retain and invest in all forms of real and personal property, including stock, common trust funds and mutual funds of any corporate trustee hereunder or of any holding company controlling the corporate trustee, and including real property to be used as a residence suitable for Daniel E. Kelly's special needs notwithstanding the fact that such property is non-income producing, without restriction to investments authorized by law. B. To joint in any merger, consolidation, reorganization, voting trust plan or similar action, and to delegate discretionary powers or duties with respect thereto. C. To sell at public or private sale for cash or credit, to exchange, or to lease for an~~ period of time, any real or personal property, to give options for sales, exchanges or leases and to allocate premiums from the sale of options to income or principal. D. To take any and all action which the fiduciary deems necessary to prevent, abate, "clean up" or otherwise respond to any actual or potential violation of any federal, state or local law, rule or ordinance affecting any property held in this Trust related to the generation, use, treatment, storage, disposal, release, discharge of, or contamination by, any materials or substances that are prohibited or regulated by federal, state or local law or that pose a hazard to the environment or human health, and to charge the expense thereof to principal or to income or partly to each. E. To borrow money from anyone, including a trustee hereunder, and to mortgage or ;pledge any assets as security therefor. F. To compromise or settle claims without obtaining Daniel E. Kelly's consent. G. To make distribution in kind and to cause any share to be composed of cash, property or undivided fractional shares in property different in kind from any 7 other share, giving consideration to such extent as the trustee determines to the federal income tax basis of such property. H. In the sole discretion of the trustee to apply any payment of income or principal to which Daniel E. Kelly is entitled hereunder directly for his benefit or to pay it to his natural guardian or legally appointed guardian or such other person as the trustee selects to disburse it for Daniel E. Kelly's benefit. The receipt of the person so selected shall be a complete discharge of the trustee therefor. I. To repair and maintain any real or personal property and to charge the expense to income or principal. J. To apply to income or principal any corporate distribution which is described or designated by the corporation as a stock dividend or as a distribution which maybe received either in cash or in shares of the corporation at the option of the holder. K. To arrange for the services of any public or private organization established to assist disabled persons, to monitor Daniel E. Kelly's living conditions, evaluate his needs and identify available social, financial, developmental or other programs, without diminution of compensation otherwise properly payable to the trustee and to charge the expense thereof either to principal or to income or partly to each, without liability for any act or omission of any such individual or organization or for any act or omission made in reliance on the advice of such individual or organization provided such person or organization was retained with reasonable care ;and prudence. L. To retain legal or professional assistance in establishing and administering this Trust and accomplishing its purpose, without diminution of compensation otherwise properly payable to the trustee and to charge the expense thereof either to principal or 8 to income or partly to each, and without liability for any act or omission of any such individual for any act or omission made in reliance on the advice of such individual provided such person or organization was retained with reasonable care and prudence. M. To register investments in nominee name or to hold investments in bearer form. TENTH: All reasonable expenses in establishing, maintaining, administering, and defending this Trust, including but not limited to reasonable attorneys' fees, accounting fees, trustee's fees, and costs shall be proper charges to the Trust. ELEVF;NTH: The situs of this Trust is Pennsylvania and all questions pertaining to the validity, construction, interpretation and administration of this Trust shall be determined in accordance with the laws of Pennsylvania and the applicable laws of the United States. TWELFTH: A. This Trust shall be subject to the continuing jurisdiction of the Orphans' Courl: Division of the Court of Common Pleas of Cumberland County, Pennsylvania. B. The Court having jurisdiction of this Trust and the trustee with the approval of saki Court may amend this Trust so that it conforms with 42 U.S.C. § 1396p(d)(4)(A) and any related statutes or regulations, including state statutes and regulations, consistent with the provisions and purposes of OBRA '93 and any amendments thereto. C. Anything hereinbefore to the contrary notwithstanding, the trustee with the approval of said Court, shall have the discretion to terminate this Trust at any time if the trustee in its sole and absolute discretion determines that the continuance of the Trust is impractical, uneconomical or for other reasons unwise. Upon such early termination the trustee shall first make .any distribution required under Item FIRST, paragraph B. and any remaining principal shall bye distributed directly to Daniel E. Kelly, or, if Daniel E. Kelly is legally 9 incapacitated, to the guardian of his estate or other legal representative in accordance with the Order of the said Court. THIRTEENTH: This Trust shall be irrevocable. Notwithstanding any common law or statutory provision to the contrary, neither Daniel E. Kelly nor any legal representative acting for Daniel E. k:elly shall have the right to alter, amend or revoke any provision of this Trust, or to withdraw an.y funds from this Trust. FOUR"CEENTH A. The guardian of Daniel E. Kelly's estate shall have the power to remove any corporate trustee, provided that the said guardian appoints another bank or trust company to serve in its place. Any successor trustee may likewise be removed and replaced. B. The corporate trustee shall receive compensation for the performance of its functions as trustee hereunder in accordance with its schedule of fees in effect from time to tirne during the period in which its services are performed. C. No trustee shall be required to enter bond or other security in any jurisdiction. IN WITNESS WHEREOF, Helen E. Kelly, natural mother of Daniel E. Kelly, has caused this Declaratior.~ of Trust to be executed: Attest: r ~~~ ~~~ +_ ~/ HELEN E. KELLY, Se r ~ ~i N WILSON, Trustee 10 COMMONWI?ALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On ~~~• < / , 2002, before me a Notary Public for the Commonwealth of Pennsylvania, personally appeared HELEN E. KELLY, known to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. JESSICA A. HOLLAND, NOTARY P(IBLIC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES MARCH 4, 2006 COMMONWF;ALTH OF PENNSYLVANIA SS: COUNTY OF :DAUPHIN . On ~~ / - , 2002, before me a Notary Public for the Commonwealth of Pennsylvania, personally appeared ANN WILSON, known to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Public ~_~ NOTARIAL SEAL 1ESSICAA. HOLLAND, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY 11 MY COMMISSION EXPIRES MARCH 4 2006 IN RE: DAPfIEL E. KELLY A disabled adult On the Petition of Helen E. Kelly IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION . NO. CERTIFICATE OF SERVICE I, Maarielle F. Hazen, Esquire, certify that on ~ , 2002, I served a true and correct copy of the within Petition on the party(ies) named below, by depositing same in the United States, mail, certified mail, postage prepaid as follows: David Kelly Ann Wilson 638 West State Road 119 Cricket Lane Westgrove, PA 19390 Camp Hill, PA 17011 By: ~ S~ Mari lle F. Hazen, Esquire Jan L. Brown & Associates 845 Sir Thomas Court Suite 12 Harrisburg, PA 17109 (717) 541-5550