Loading...
HomeMy WebLinkAbout08-02-10ti ,_~ ~' _~.'r.. ~ i_~ Ji 1~._L:.~ zoo Auc -2 P~+ iz= s CLERk OF ORPHAN'S ~Ot)RT To: All Parties You are hereby notified to file a written response to the enclosed Petition within twenty (20) days from service hereof or a judgment maybe entered against you. oward Vigderman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION o. c. No. (~ ` ~`~~ In Re: SPECIAL NEEDS TRUST FOR THE BENEFIT OF HUNTER M. GRIFFIE PETITION TO APPROVE RESIGNATION OF TRUSTEE AND TO APPROVE APPOINTMENT OF SUCCESSOR TRUSTEE TO THE HONORABLE, THE JUDGES OF SAID COURT: Petitioner, Sovereign Bank, Trustee (the "Trustee") of the Special Needs Trust (the "Trust") for the benefit of Hunter M. Griffie (the "Beneficiary"), respectfully submits this Petition to Approve Resignation of Trustee and to Approve Appointment of Successor Trustee, and in support thereof avers the following: 1. The Petitioner, Sovereign Bank (in its corporate capacity hereinafter referred to as "Sovereign") is the trustee of the Trust. W~ 2. The instrument establishing the Trust (the "Special Needs Trust Agreement") was executed on April 13, 2005 by Shannon Griffie and Randy Griffie, the Beneficiary's parents, as settlors, and Sovereign as trustee. A true and correct copy of the Special Needs Trust Agreement is attached hereto as Exhibit "A" and made a part hereof. 3. The Beneficiary is a minor, having been born on August 8, 1997. 4. The Trust is designed to qualify as a so-called "Self-Settled OBRA-93 Payback Trust" under 42 U.S.C. § 1396p(d)(4)(A). 5. The Beneficiary is the sole beneficiary of the Trust during his lifetime. See Articles III and N of the Special Needs Trust Agreement. 6. Among the powers granted to the Trustee during the Beneficiary's lifetime is the power to distribute principal of the Trust for the Beneficiary's "special needs". See Article III. "Special needs" are defined to include "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." 7. Income and principal may be applied for the Beneficiary's benefit ... ... 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 ... 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 -2- benefits of any nature whatsoever, but any such distribution must be approved by this Court. See Article III of the Special Needs Trust Agreement. 8. Under Article N of the Special Needs Trust Agreement, at the Beneficiary's death, the Trustee is to reimburse the Commonwealth of Pennsylvania or any other government entity for "any unpaid valid lien for medical assistance provided to [the] 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." 9. Any balance of the Trust principal not distributed is to be "paid, in equal shares, per stirpes, to Shannon Griffie and Randy Griffie, parents of the Beneficiary; provided however, that if either contingent beneficiary should then be deceased, to the contingent beneficiary's estate." See paragraph C of Article N. 10. On January 30, 2009, Sovereign was acquired by Banco Santander, S.A., an international banking institution based in Spain. 11. Management of Sovereign has decided to exit certain product lines including trust and fiduciary services, so that Sovereign will no longer serve as a fiduciary of any fiduciary relationships based in Pennsylvania or in any other state where Sovereign operates. 12. Under paragraph (6) of Article VI of the Special Needs Trust Agreement, "[a] Trustee may resign by giving written notice to the Settlor or a Guardian of the Estate of the Beneficiary, in a signed and acknowledged instrument." In addition, under Section 7765 of the -3- Pennsylvania Probate, Estates and Fiduciaries Code (the "PEF Code"), 20 Pa. C.S. § 7765, "[a] trustee may resign with court approval." 13. Pursuant to paragraph (6) of Article VI of the Special Needs Trust Agreement and Section 7765 of the PEF Code, Sovereign has resigned as trustee of the Trust, effective on the date of this Court's decree or order granting the relief requested in this Petition. Sovereign's written resignation is attached hereto as Exhibit "B" and made a part hereof. Sovereign has provided to Settlors, Randy Griffie and Shannon Mellatt (formerly Shannon Griffie), copies of such written resignation and a true and correct copy of Sovereign's letter to Mr. Griffie and Ms. Mellatt enclosing such copies is attached hereto as Exhibit "C" and made a part hereof. 14. Paragraph (6) of Article VI of the Special Needs Trust Agreement provides in part as follows: If the Trustee named above should be unable or unwilling to serve, the Settlor (or, if the Settlor is deceased or incapacitated, the Guardian of the Estate of the Beneficiary) may appoint another fiduciary to act as successor trustee. 15. Sovereign has conducted a due diligence analysis of potential institutions to succeed Sovereign and identified National Independent Trust Company ("NITC") to serve as successor corporate trustee. 16. NITC's principal place of business is 500 East Reynolds Drive, Ruston, Louisiana 71270-2821. -4- 17. NITC is a national trust bank chartered by the Office of Comptroller of the Currency ("OCC") and it has the authority to accept fiduciary appointments anywhere in the United States. NITC's national charter allows it to partner with entities in all fifty states in need of trust services. 18. NITC has agreed to partner with Reliance Trust Company ("Reliance Trust"), based out of Atlanta, Georgia, to service the Sovereign accounts after Sovereign resigns as fiduciary. 19. Reliance Trust was founded in 1975 and organized as a bank and trust company in 1981. Reliance Trust is a subsidiary of Reliance Financial Corporation, which is privately held. Reliance Trust is one of the largest independent trust companies in the country with more than $66 billion in assets under management and administration. 20. At the Petitioner's recommendation, Settlor, Shannon Mellatt, has decided to appoint NITC as successor trustee to Sovereign, effective on the date of this Court's decree or order granting the relief requested in this Petition, and the instrument dated February 25, 2010 by which Shannon Mellatt appoints NITC as successor trustee is attached hereto as Exhibit "D" and made a part hereof. 21. In addition, the Court may appoint NITC as trustee under PEF Code § 7764(c), which provides: -5- 0 (c) Filling Vacancy for Noncharitable Trust. A vacancy in a trusteeship of a noncharitable trust that is required to be filled shall be filled in the following order of priority:... . (3) by a person appointed by the court. 22. NITC desires to serve as successor trustee of the Trust, effective on the date of this Court's decree or order granting the relief requested in this Petition, and the instrument by which NITC accepts such appointment is attached hereto as Exhibit "D" and made apart hereof. 23. The names and addresses of the parties-in-interest of the Trust, and their respective interests, are as follows: Name and Address Relationshi Interest Hunter M. Griffie, a minor Child of Settlors Discretionary beneficiary 423 Pine Grove Road of income and principal Gardners, PA 17324 for life Shannon Mellatt Settlor One-half Remainder (formerly Shannon Griffie) Beneficiary 423 Pine Grove Rd Gardners, PA 17324 Randy C. Griffie Settlor One-half Remainder 190 Pine School Road Beneficiary Gardners, PA 17324-8810 Department of Public Welfare None Interest under Article IV The Special Needs Trust Depository of Special Needs Trust Attn: Manager TPL Section Agreement P.O. Box 8486 Harrisburg PA 17106 -6- Name and Address Relationshi Interest Lucius D. McGehee, Jr., President None Proposed successor National Independent Trust Company trustee 500 E. Reynolds Drive Ruston, LA 71270-2821 24. On July 23, 2010, the Petitioner filed with this Court its First and Final Account (the "Account") of the Trust and the said account is to be called for audit on August 24, 2010. 25. In conjunction with the filing of this Petition and the Account, the Petitioner has filed with this Court a Petition for Appointment of a Guardian and Trustee Ad Litem, to represent the interests of the Beneficiary in connection with this Petition and the Account. 26. Attached hereto as Exhibit "E" is a proposed order approving the resignation of Sovereign as trustee of the Trust and approving the appointment of NITC as trustee in its place. -7- ., WHEREFORE, the Petitioner respectfully requests that the Court issue an order in the form of Exhibit "E" attached hereto, approving the resignation of Sovereign as trustee of the Trust and approving the appointment of NITC as Trustee in its place. Respectfully submitted, ~~~ ~~ , tio~ ~ ~~ oward Vi rman I.D. No. 47016 Montgomery, McCracken, Walker & Rhoads, LLP 123 South Broad Street Philadelphia, PA 19109 (215)772-7553 Attorney for Petitioner -8- ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION O. C. NO. In Re: SPECIAL NEEDS TRUST FOR THE BENEFIT OF HUNTER M. GRIFFIE VERIFICATION I, BARBARA KANNHEISER, a Senior Vice President of SOVEREIGN BANK, the petitioner in the within petition, verify, on behalf of the said bank, that the facts set forth in the said petition are true and correct to the best of my knowledge, information and belief; and that this Verification is subject to the penalties of 18 Pa. C.S.A. § 4904 relative to unsworn falsification to authorities. Date: ~ O/~ BARBARA KANNHEISER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION O. C. NO. In Re: SPECIAL NEEDS TRUST FOR THE BENEFIT OF HUNTER M. GRIFFIE CERTIFICATE OF SERVICE A true and correct copy of the Petition to Approve Resignation of Trustee and to Approve Appointment of Successor Trustee was served upon the following parties-in-interest by first class mail on July 30, 2010: Shannon Mellatt Randy C. Griffie 423 Pine Grove Road 190 Pine School Road Gardners, PA 17324 Gardners, PA 17324-8810 Lucius D. McGehee, Jr., Department of Public Welfare President The Special Needs Trust Depository National Independent Trust Attn: Manager TPL Section Company P.O. Box 8486 500 E. Reynolds Drive Harrisburg, PA 17106 Ruston, LA 71270-2821 ~~'~- IVr Howard Vi~dennan Montgomery, McCracken, Walker & Rhoads, LLP 123 South Broad Street Philadelphia, PA 19109 (215)772-7553 ~ ' _l SPECIAL NEEDS TRUST AGREEI4ENT This Trust Agreement is entered into by Shannon 'Griffie, residing at 15 Ball Park Drive, Gardners, Pennsylvania 17329, and Randy Griffie, residing at 190 Pine School Road, Gardners, Pennsylvania 17324, as parents and natural guardians of Hunter M. Griffie, hereinafter referred to as "Settlors", and Sovereign Bank as Trustee (hereinafter referred to as "Trustee") .-Trust shall be known as "The Hunter M. Griffie Special Needs Trust". ARTICLE I. 'FAUST 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 (520.00), 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 Hunter M. Griffie, who resides at 15 Ball Park Drive, Gardners, Pennsylvania 17324, 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 the beneficiary reaches the age of sixty-five (65) ye s unless authorized ~~~~~ M ~w 1 hereby carti~y i~:, i~~ Uvithin is a true and correct copy of the original. and appropriate under the then-existing law. 1.03 Successor Corporate Fiduciary 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 limited to, the naming of additional or different contingent beneficiaries who would take their share after. the payments made in 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,, 2 1~ , 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, pay or 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 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 3 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. Special needs shall mean those requisite items, products or services that can he 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 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 4 r .. Trustee for its services as Trustee. ARTICLE IV. TBR!@iATION OF TRVST 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) (9) (A) of Title 92 of the United States Code or any successor statute from assets remaining in this Trust at that time. 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, in equal 5 ~ , shares, der stirpes, to Shannon Griffie and Randy Griffie,.parents of the Beneficiary; provided however that if either contingent beneficiary should then be deceased, to the contingent beneficiary's 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. ARTICLE V. POWERS OF TRgSTEE Description of Powers In order to carr out the y purposes of this i i 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 consider it advisable. 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. se as amended from time to time. Management (3) To manage, control, repair, and improve all trust property, real or personal. 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 6 property. Adjustment 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 market 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 ~n 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 7 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. Nominee Name (12) To hold investments in bearer fprm, or register them in Trustee's name or in the name of its nominee. Subscription Rights (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. 8 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 subject to this Trust Agreement. Neither any personal representative nor any beneficiary 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 9 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. Authority to Amend Trust (19) In accordance with the provisions of Article II, the 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 (SSI). ARTICLE yI. DUTIE3 AND CO~ENSATION 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 10 what shall, he charged against principal in accordance with the applicable statutes of the United States and the Commonwealth of Pennsylvania as they now exist and may from time to time be 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. (S) 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 Settlor (or, if the Settlor is deceased or incapacitated, the Guardian of the Estate of the Beneficiary) may appoint another fiduciary to act as successor 11 ,. trustee. A Trustee may resign 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 delivered to, and following consultation with, the last counsel to the Trust and the Beneficiary. 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 upon the 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 successor Trustee or the snaking 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. ARTICLE VII. SPENDTHRIFT PROVISION The interests, if any, of a beneficiary in~the principal or income of this Trust shall not he subject to the claims of his/her creditors, or creditors of others, including creditors of any spouse 12 ~~ , of a married beneficiary, nor to legal process, and may not be voluntarily or involuntarily alienated or encumbered. ARTICLE VIII CONSTRUCTION OF TROST (1) Governing Law This trust shall he governed by the laws of the Commonwealth of Pennsylvania. (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 he a Trustee hereunder. IN WITNESS WHEREOF, this Trust Agreement has been signed by the Settlors and the Trustee on this ~~_day of ,2005. SETTLORS: Witness Wi ness ' the TRUSTEE: c hannon Gri i Randy Gri f' epresentative of Sovereign Sank 1;b,~N~ Kl~in/ I~v~° ~ j~uSf O~i'c.a.=' 13 RESIGNATION OF SOVEREIGN BANK AS TRUSTEE Pursuant to authority set forth in paragraph (6) of Article VI of the Trust Agreement dated April 13, 2005 establishing the Special Needs Trust for Hunter M. Griffie (the "Trust"), Sovereign Bank hereby resigns as trustee of the Trust, effective on the date of this Court's decree or order granting the relief requested in this Petition to Approve Resignation of Trustee and to Approve Appointment of Successor Trustee. Signed this o2~ day of G~ O , 2010. ~~ ~ BARBARA KANNHEISER Senior Vice President SOVEREIGN BANK Sworn to, subscribed and acknowledged before me On, this d j~ day of July, 2010 .. , Sovereign July 30, 2010 Ms. Shannon Mellatt 423 Pine Grove Road Gardners, PA 17324 Mr. Randy C. Griffie 190 Pine School Road Gardners, PA 17324-8810 RE: Special Needa Trust of Shannon Griffle (now Mellatt) And Randy Griffie, Settlors, for the benefit of Hunter M. Griffie, U/A Dated Apri113, 2005 Dear Ms. Mellatt and Mr. Griffie: Enclosed please find a copy of the instrument by which Sovereign Bank resigns as trustee of the Special Needs Trust for the benefit of Hunter M. Griffie, effective on the date that the Orphans' Court Division of the Court of Commons Pleas of Cumberland County, Pennsylvania, approves such resignation. Sincerely yours, ,~~~ Barbara Kannheiser Senior Vice President Encl. Physical Address: 36 Washington Street, Toms River, NJ 08753 732-504-0404 Fax: 732-557-0347 SOVE]eEIGNBANKPRIVATE WEALTHMANAGEMENT 1 ~1 t RESIGNATION OF BANK AS USTEE Pursuant to authority set forth in paragraph (6) of Article VI of the Trust Agreement dated April 13, 2005 establishing the Special Needs Trust for Hunter M. Griffie (the "Trust"), Sovereign Bank hereby resigns as trustee of the Trust, effective on the date of this Court's decree or order granting the relief requested in this Petition to Approve Resignation of Trustee and to Approve Appointment of Successor Trustee. Signed this o2~ ~ day of G~2~y , 2010. ~G~,~ BARBARA KANNHEISER Senior Vice President SOVEREIGN BANK Sworn to, subscribed and acknowledged before me On;this ~~ day of July, 2010 rr- ~ at r Treat Letter - APPOINTMENT OF SUCCESSOR TRUSTEE To: Reliance Trust Company Sovereign Bank Re: HL~'r'FR D iRFIE SPEmA~ NFRng TRUST TRUSTEE As the C3rantor/Settlor and/or Principal Beneficiary (Account Owner) of the above referenced trust, I hereby appoint National Independent Trust Company to be the successor trustee. This form will also serve as notice to Sovereign Bank, the former trustee, of this appointment. The C3rsator/3~tlor and/or Principal Bceeficisry (Account Owner) hereby aclmowledges that he/she has had the opportunity to review true and complete statements of the trust and has found no discrepancies in the statement and does hereby ratify and confirm in all respects that prior administration of the trust. The Cirantor/Sdtior and/or Principal Beneficiary does hereby release and discharge the Trustce from all claims, demands or causes of action that may arise out of the Sovereign's administration of the trust. This appointment shall be X17 a~r, (Account Owner) a2 .2S~io .2010 ****s** Natlonal Independent Trust Compauy hereby accepts the duties and responsibilities conferred upon it as successor tnistce of the above referenced trust as set out in the trust agreement. Effective: j ~ ~' ~ ~ National Independent Trust Company ay ~ly''~ -r Au or' d representative) ~ . r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION //''/- O. C. NO. I ~ ~y~Y In Re: SPECIAL NEEDS TRUST FOR THE BENEFIT OF HUNTER M. GRIFFIE DECREE Now, , 2010, upon consideration of the annexed petition, it is hereby decreed that the resignation of SOVEREIGN BANK, as trustee of the Special Needs Trust for the Benefit of HUNTER M. GRIFFIE under Agreement dated April 13, 2005 of SHANNON GRIFFIE (now SHANNON MELLATT) and RANDY GRIFFIE, Settlors, is approved, effective on the date of this decree, and the appointment of NATIONAL INDEPENDENT TRUST COMPANY as successor trustee of the Trust is approved, effective on the date of this decree. J.