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HomeMy WebLinkAbout01-0095 MANIFOLD & BANKENSTEIN Attorneys At Law 42 North Duke Street York, Pennsylvania 17401-1299 (717) 843-0961 Hugh D. Manifold Bruce C. Bankenstein Telefax (717) 843-0699 January 18, 2001 Mary C. Lewis Register of wills of Cumberland County Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 RE: PETITION FOR CREATION OF TRUST - PUB TRUST SPECIAL NEEDS TRUST FOR DISABLED BENEFICIARY OUR FILE NO. 10534-3 Dear Ms. Lewis: Enclosed please find the original and one copy of the above- noted Petition with exhibits and with proposed Trust attached. Would you kindly file the same and submit,' it to the Judge for issuance of the Order for Citation. The att~ched proposed Order is intended to approve the form of the Citayion. Therefore, if so approved, I am enclosing herewith s~~ral originals of that citation. Would you kindly process'- this and return to the undersigned a time-stamped copy of the Petition with the Citations for Service as approved. If you should have any questions, please do not hesitate to contact me. Also enclosed is our check in the amount of $55.00 for the filing fees for the above items, including the citation. Very truly yours, MANIFOLD & BANKENSTEIN fy~ (3 13~J!A,-ab':-"!fis Bruce C. Bankenstein BCB:gjs Enclosure IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRUST FOR JAMES P. WOTRING ORPHANS' COURT DIVISION 21-2001-0095 CITATION .'WE :OMMAND, you that laying aside all business and excuses whatsoever, you be and appear in your proper person before the Honorable Judges of the Common Pleas Court, Orphans' Court Division at a session of the said Court there to held, for the County of CUmberland to show cause why the petitioner shall serve the said Citation, together with a copy of the Petition and pro- posed Trust, upon the siblings of Beneficiary not including petition, being Donald B. wotring and Ronald F. wotring, and upon the said James P. wotring, the proposed Trust Beneficiary, by mailing the same by first class, mail, postage prepaid thereon, at least twenty (20) days prior to the date stated. in the Citation as the dea1ine for filing objection to the said Petition. witness my hand and official seal of office at carlisle, Pennsylvania, this 6th day of February, 2001. . Lewis, CLer of Orphan ' Court Division, Cumb. Co. Carlisle, PA. My Corom. Exp. 1st mon. Jan. 2002 IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRUST FOR JAMES P. WOTRING ORPHANS' COURT DIVISION o.i:h>." b 6.. ~C"",<l\' ~ ,--l..1U LL\L't~\ ~.~~ ~l1L~ ~~, CiW:Lt"Y'- ,CfLU.~ ~ ~\C ~ CITATION \. .~ ~'~l1:t"L, J;.::.Q,) "~ . \, \\. f'(\..Q..L(;' L'-}v<!.J'J rl)Q~Q... ';i\_~V!'t'-. ~, t '?J -01 .,w Cl;~ j'ly\.O.&~ - .;). ng aside all business and excuses whatsoever, be P-~. er person before the Honorable Judges of the 21-2001-0095 you Common Pleas Court, Orphans' Court Division at a session of the said Court there to held, for the County of CUmberland to show cause why the petitioner shall serve the said Citation, together with a copy of the Petition and pro- posed Trust, upon the siblings of Beneficiary not including petition, being Donald B. wotring and Ronald F. wotring, and upon the said James P. Wotring, the proposed Trust Beneficiary, by mailing the same by first class, mail, postage prepaid thereon, at least twenty (20) days prior to the date stated. in the Citation as the dealine for filing objection to the said Petition. witness my hand and official seal of office at Carlisle, pennsylvania, this 6th day of February, 2001. -...... -~.. --- -~----.-------.-..._.~~~~-~.~'-~~~ -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: No. TRUST FOR JAMES P. WOTRING CITATION TO: Donald B. Wotring 6421 Somerset Street Harrisburg, PA 17111 Ronald F. Wotring 406 Meadow Drive Camp Hill, PA 17011 James P. Wotring 111 Laurel Drive Enola, PA 17025 GREETINGS. By this Citation, you are hereby notified that william A. Wotring has filed a Petition in the above-captioned proceeding requesting that a Trust be established by this Court for the benefit of James P. Wotring, the purposes of and funding for which are as set forth therein. A copy of said Petition and the proposed Trust accompany this citation. If any of you should desire to object to the relief requested in said Petition, then you must file your written objection with this Court no later than twenty-five (25) days from the date hereof, in which event a hearing will be held hereon. If no objection is filed by said date, then an Order shall be issued establishinn ~~in Trust without further notice. Date: t~ I ~1 , 2001 'tY}-J'/ C-. tu~ F ~ Clerk of the Orphans' Court . ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: No. 21-01-95 TRUST FOR JAMES P. WOTRING CERTIFICATION OF NO OBJECTION REQUEST FOR ENTRY OF FINAL ORDER I, the undersigned attorney for Petitioner in the above- captioned action, do hereby certify that the citation issued in the above-captioned action upon the Petition for Creation of a Trust as well as a true and correct copy of such Petition having been served upon the persons and within the time required as directed, which service is evidenced by the Affidavit of Service filed herein, the time specified in the citation for the filing of any objection to such Petition has passed, and that no objection has been filed to the relief requested in the said Petition, namely the creation of the PUD Trust. WHEREFORE, the undersigned, on behalf of the Petitioner, does hereby respectfully request Your Honorable Court to enter the final order establishing said Trust as S~i~t~~ Bruce C. Bankenstein Attorney for Petitioner Supreme Court 1.0. #27025 42 North Duke Street York, PA 17401 717-843-0961 Date: March 23, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: No. 21-01-95 TRUST FOR JAMES P. WOTRING a t';DER fiJ! ~ 0 AND NOW, TO WIT, this ~ day of ~~ ' 2001, upon consideration of the Petition filed ln the above-captioned proceeding, and in that no objection to the relief requested therein having been filed, it is hereby Ordered and Decreed that the PUD Trust be and the same is hereby established and the same shall have and be subject to the terms and conditions as are set forth in the Trust instrument for the same which is attached hereto and made a part hereof. Payment of $1,000.00 from the Trust is hereby authorized to be made to Petitioner to reimburse him for his advance of costs and fees herein. BY THE COURT, J - ::; .:-:~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: No. 21-01-95 TRUST FOR JAMES P. WOTRING PUD TRUST THIS TRUST is established by Order of this Court entered in the above-captioned proceeding on , 2001, and shall be subject to the following terms and conditions, to wit: 1. The Trustee of this Trust is william A. wotring, of 111 Laurel Drive, Enola, Cumberland County, Pennsylvania, 17025. The Successor Trustee of this Trust is Ellen M. Wotring, of 111 Laurel Drive, Enola, Cumberland County, Pennsylvania, 17025. 2. The beneficiary of this Trust is James P. Wotring. 3. The initial corpus of this Trust will be the inheritance which the beneficiary will receive from the estate of his late brother, Reuben W. Wotring, late of Dauphin County, Pennsylvania. 4. For the duration of the life of the beneficiary, the Trustee may payor apply for the benefit of the beneficiary such amounts from the net income and principal of this Trust as the Trustee in the exercise of the Trustee's absolute discretion deems advisable for the welfare of the beneficiary. In making such distributions to or for the benefit of the beneficiary, and as the Trust principal and income are not to be used in place of any statutory benefits, the Trustee shall take into consideration all other resources available to the beneficiary, including any 1 benefits to which he is, or may be, entitled through public assistance, medical assistance, or from any other governmental or other resources. The Trustee may hold, withhold and retain any or all of the income and principal of this Trust as the Trustee, in the exercise of the Trustee's absolute discretion, shall deem advisable for the uses and purposes herein set forth. 5. In exercising the discretionary powers herein conferred on the Trustee, the Trustee shall be guided by the following statement of purposes and intentions. The Trust income and principal will not be made available to provide primary support for the beneficiary. Therefore, the Trustee is directed to investigate other sources of support available to the beneficiary and to take whatever steps necessary to enroll the beneficiary for such benefits or assistance. The Trust principal and income may be used only as a supplement to, and shall not replace, any statutory or other governmental benefits to or for which the beneficiary is, may be or may become eligible, including, but not limited to, medical assistance, public assistance, supplemental security income, or the like. The Trustee is authorized to make Trust distributions to or on the beneficiary's behalf in such a way that the beneficiary's life will be enriched and made more enjoyable, including providing recreational and vacation opportunities for him. The Trustee is authorized to expend the Trust estate to procure more sophisticated medical, dental, ophthalmological and other similar treatment than may otherwise be available to the beneficiary and to seek private rehabilitative and educational 2 training; however, the Trust principal and income may not be used in any manner to provide for basic medical care and is not to be used to replace medical assistance or similar statutory or other governmental benefits to or for which the beneficiary is or may become eligible. It is desirable that the beneficiary be able to maintain contact with any sibling and other family members, and the Trustee is authorized to expend Trust income and principal for transportation costs for the beneficiary or other family members to facilitate such contact. The Trustee is authorized to expend such amounts of income and principal as shall enable the beneficiary to achieve his maximum potential and to lead as comfortable a life as possible. To that end, the Trustee may expend the income and principal of this Trust in ways that shall protect, enforce and expand the rights of the beneficiary if the Trustee deems the same to be appropriate, but the foregoing statement shall not create a legally binding obligation on the Trustee to do so. The Trustee is to exercise the discretionary powers conferred on the Trustee hereunder in a manner which will provide flexibility in the administration of the Trust under conditions from time to time existing, and in exercising such powers, the discretion of the Trustee shall be conclusive as to the advisability of any distribution of income or principal, and as to the person to or for whom such distribution is to be made, and the same shall not be subject to judicial review. Therefore, the Trustee may not and shall not be compelled in any manner by any person, court or governmental agency to expend any of the Trust income or principal 3 for the replacement or reimbursement of any statutory or other governmental benefits, or any support or other assistance, to or for which the beneficiary is, may be or may become eligible, nor may the Trustee be compelled to exercise the Trustee's discretionary powers in favor of any beneficiary of such statutory or other governmental benefits, or any support or other assistance. Furthermore, the Trustee is authorized to expend such amounts of income and principal for the benefit of the beneficiary of this Trust as shall best provide for his comfort and happiness without regard to the effect that such distributions might have upon the interest of the takers of the remainder of this Trust. 6. This Trust shall terminate upon the death of the beneficiary. Upon such termination, the Trustee shall distribute pro-rata all remaining principal and accrued income to any state which had provided medicaid, also known as medical assistance, to or on behalf of the beneficiary under any such state's plan under Title 42 of the united states Code or any similar federal law up to the total of all such medicaid paid to or on behalf of the beneficiary. If any funds remain in this Trust after such distribution to a state or states, such remainder shall be distributed to the beneficiary's brother and sister-in-law, william A. wotring and Ellen M. Wotring, or to that one of them who is living at the time of such distribution, so long as one or both of them are living at the time of such distribution, but if neither William A. Wotring nor Ellen M. wotring are living at the time of such distribution, the Trustee shall distribute all remaining 4 principal and accrued income to the Leukemia Foundation of Cumberland County, Pennsylvania. 7. In the event William A. Wotring is or becomes unwilling or unable to serve as Trustee hereunder for any reason, Ellen M. Wotring, the beneficiary's sister-in-law, shall thereupon, as the Successor Trustee, administer this Trust as Trustee and shall have the duties and powers of Trustee as herein set forth. 8. This Trust shall not be subject to anticipation or to voluntary or involuntary alienation. 9. Trustee shall have the following powers in addition to those vested in it by law and by other provisions of Trust, applicable to all property, whether principal or income, exercisable without court approval, and effective until actual distribution of all property: A. To hold and retain any or all of the assets of this Trust, real or personal, without regard to any principle of diversification or risk. B. To sell at public or private sale, to exchange, or to lease for any period of time, any real or personal property, and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as Trustee deems proper. c. To allocate receipts and expenses to principal or income or partly to each as Trustee from time to time thinks proper in Trustee's sole discretion. D. To compromise any claim or controversy. E. To invest in all forms of property including, but not 5 limited to, all types of stocks, bonds, notes and other securities including those of a corporate trustee or of a company controlling such corporate trustee, insurance policies upon any life as deemed appropriate by the Trustee, shares of investment companies, common trust funds, mutual funds, mortgage investment funds, real estate, or any variety of real or personal property, without being confined to legal investments and without regard to any principle of risk, diversification or productivity. 10. This Trust is and shall be irrevocable, except that the same may be modified by further order of court. 11. Subject to the approval of Trustee, anyone may add property, real or personal, to the principal of this Trust by Deed, will or otherwise. In the event the same should be or include life insurance proceeds payable to this Trust or the applicable Trustee of this Trust under the terms of any life insurance policy, said proceeds shall be paid, in trust, to the then serving Trustee hereof by the applicable life insurance company without liability or further responsibility on the part of such life insurance company. 12. The Trustee shall be entitled to receive compensation for service hereunder, which compensation shall be charged against or payable from both principal and income of this Trust, at such rates as may be reasonable and customary. 13. The situs of this Trust for administrative and accounting purposes shall be in the County of Cumberland and Commonwealth of Pennsylvania, and all questions pertaining to the construction or validity of the provisions of this instrument shall be governed by the laws of that Commonwealth. 6 .:- .. f .,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: No. :l, -0' - qS TRUST FOR JAMES P. WOTRING PETITION FOR CREATION OF A TRUST NOW comes Your Petitioner, by his attorney, Bruce C. Bankenstein, and presents this Petition whereof the following is a statement: 1. Petitioner, and the proposed Trustee, is william A. Wotring, an adult individual currently residing at 111 Laurel Drive, Enola, Cumberland County, Pennsylvania, 17025, and is the brother of the proposed beneficiary. 2. The proposed beneficiary of the Trust being requested to be established pursuant to this Petition is James P. Wotring, an adult individual aged 53, residing with Petitioner at 111 Laurel Drive, Enola, Cumberland County, Pennsylvania, being hereinafter referred ~ ./ to as "Beneficiary". 3. Beneficiary suffers from mental retardation and cerebral palsy, as a result of which he is eligible for and is receiving social security disability benefits. 4. Beneficiary resides with Petitioner under the care and supervision of Petitioner. 1 .. .. ) s. No guardian has been appointed for Beneficiary. 6. Beneficiary has no living parent or grandparent. 7. The living siblings of Beneficiary are as follows: Donald B. wotring 6421 Somerset Street Harrisburg, PA 17111 Ronald F. Wotring 406 Meadow Drive Camp Hill, PA 17011 William A. Wotring, Petitioner 111 Laurel Drive Enola, PA 17025 8. Another brother of Benef iciary , Reuben W. Wotr ing, died a resident of Dauphin County, Pennsylvania, on July 27, 1999, and Beneficiary is an heir of the estate of his late brother from which he is expected to receive an inheritance in excess of $10,000.00. 9. owning the aforesaid assets will render Beneficiary ineligible for prospective benefits, including, but not limited to, medical assistance and social security supplemental security income, if such assets are not consumed or protected. 10. Petitioner proposes to protect the aforesaid assets by placing them in the proposed pun Trust, a copy of which is attached hereto as Exhibit "A" and made a part hereof. 11. The purposes of the proposed Trust are set forth therein, and 2 generally are to set aside a fund which may be used for purposes which are not for the primary support of the Beneficiary but will supplement any governmental benefits to which Beneficiary may otherwise be entitled. 12. Federal law permits a disabled person under the age of 65 to deposit his own money into a Trust which is not intended to be used for his primary support, and such a Trust will not be considered to be a resource of such person so as not to adversely affect such person's eligibility for any governmental benefit to which he may otherwise be entitled so long as such Trust (a) is established by a parent, granqparent, legal guardian, or court, and (b) provides that all amounts remaining in the Trust upon the death of its beneficiary will be distributed to the state up to the amount of all medical assistance paid by the state on behalf of the beneficiary. 42 V.S.C. S1396p(d) (4) (A); a copy of the entire subsection (d) is attached hereto as Exhibit "B". 13. The primary corpus of the proposed Trust will be the aforesaid inheritance from the estate of Beneficiary's late brother, Reuben w. Wotring; and may be such portion of any social security disability benefits which Beneficiary may receive to the extent the representative payee deems it advisable to deposit the same into said Trust in the unlikely event that at any time a balance should remain from any such benefits after paying for Beneficiary's usual and necessary expenses. 3 14. Placing these funds in the proposed Trust meets the federal law in that it is a non-support trust and Paragraph 6 of the proposed Trust requires the Trust remainder to be distributed to the state up to the amount of all medical assistance paid by the state on behalf of Beneficiary, thereby protecting these funds from being considered to be a resource of Beneficiary in determining his eligibility for various governmental benefits. 15. All persons who are proposed to be the Trustees of this Trust have consented to serve in that capacity as set forth in the Consent signed by them and attached hereto. 16. Petitioner has advanced $1,000.00 toward the costs and fees for and regarding the within action of the proposed Trust, and reimbursement thereof is hereby requested to be authorized to be paid from the Trust upon distribution of the inheritance to the Trust. WHEREFORE, Petitioner respectfully requests Your Honorable Court to enter an order establishing the Trust attached hereto as Exhibit "A". 11,; :~~~tfUIIY Su~~t~, (?-~ Mt~~~~:~=-=----- Bruce C. Bankenstein Attorney for Petitioner Supreme Court I.D. #27025 42 North Duke street York, PA 17401 717-843-0961 4 I verify that the statements made in the foregoing 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. Date: .~ \'J, \ \-t '" , 2001 Petitioner <lo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: No. J..-1-cf-OOC15 TRUST FOR JAMES P. WOTRING ORDER F~ CITATION~_ I~ AND NOW, TO WIT, this ~ day of ~ , 2001, upon consideration of the foregoing Petition, it is hereby Ordered and Directed that a citation be issued herein in the form attached hereto. Petitioner shall serve the said Citation, together with a copy of the Petition and proposed Trust, upon the siblings of Beneficiary not including Petition, being Donald B. Wotring and Ronald F. Wotring, and upon the said James P. Wotring, the proposed Trust Beneficiary, by mailing the same by first class mail, postage prepaid thereon, at least twenty (20) days prior to the date stated in the citation as the deadline for filing objection to the said Petition. BY THE COURT, J ,', ; , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: No. TRUST FOR JAMES P. WOTRING CITATION TO: Donald B. Wotring 6421 Somerset Street Harrisburg, PA 17111 Ronald F. Wotring 406 Meadow Drive Camp Hill, PA 17011 James P. Wotring 111 Laurel Drive Enola, PA 17025 GREETINGS. By this citation, you are hereby notified that william A. Wotring has filed a Petition in the above-captioned proceeding requesting that a Trust be established by this Court for the benefit of James P. Wotring, the purposes of and funding for which are as set forth therein. A copy of said Petition and the proposed Trust accompany this citation. If any of you should desire to object to the relief requested in said Petition, then you must file your written objection with this Court no later than twenty-five (25) days from the date hereof, in which event a hearing will be held hereon. If no objection is filed by said date, then an Order shall be issued establisninn ~~irl Trust without further notice. Date: , 2001 Clerk of the Orphans' Court .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: No. TRUST FOR JAMES P. WOTRING PUD TRUST THIS TRUST is established by Order of this Court entered in the above-captioned proceeding on , 2001, and shall be subject to the following terms and conditions, to wit: 1. The Trustee of this Trust is William A. Wotring, of 111 Laurel Drive, Enola, Cumberland County, Pennsylvania, 17025. The Successor Trustee of this Trust is Ellen M. Wotring, of 111 Laurel Drive, Enola, Cumberland County, Pennsylvania, 17025. 2. The beneficiary of this Trust is James P. Wotring. 3. The initial corpus of this Trust will be the inheritance which the beneficiary will receive from the estate of his late brother, Reuben W. Wotring, late of Dauphin County, Pennsylvania. 4. For the duration of the life of the benef iciary, the Trustee may payor apply for the benefit of the beneficiary such amounts from the net income and principal of this Trust as the Trustee in the exercise of the Trustee's absolute discretion deems advisable for the welfare of the beneficiary. In making such distributions to or for the benefit of the beneficiary, and as the Trust principal and income are not to be used in place of any statutory benefits, the Trustee shall take into consideration all other resources available to the beneficiary, including any -i- EXHIBIT "A" benefits to which he is, or may be, entitled through public assistance, medical assistance, or from any other governmental or other resources. The Trustee may hold, withhold and retain any or all of the income and principal of this Trust as the Trustee, in the exercise of the Trustee's absolute discretion, shall deem advisable for the uses and purposes herein set forth. 5. In exercising the discretionary powers herein conferred on the Trustee, the Trustee shall be guided by the following statement of purposes and intentions. The Trust income and principal will not be made available to provide primary support for the benef iciary. Therefore, the Trustee is directed to investigate other sources of support available to the beneficiary and to take whatever steps necessary to enroll the beneficiary for such benefits or assistance. The Trust principal and income may be used only as a supplement to, and shall not replace, any statutory or other governmental benefits to or for which the beneficiary is, may be or may become eligible, including, but not limited to, medical assistance, public assistance, supplemental security income, or the like. The Trustee is authorized to make Trust distributions to or on the beneficiary's behalf in such a way that the beneficiary's life will be enriched and made more enjoyable, including providing recreational and vacation opportunities for him. The Trustee is authorized to expend the Trust estate to procure more sophisticated medical, dental, ophthalmological and other similar treatment than may otherwise be available to the beneficiary and to seek private rehabilitative and educational -ii- EXHIBT "A" .II ' XN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANXA ORPHANS' COURT DIVISION IN RE: No. 21-01-95 TRUST FOR JAMES P. WOTRING AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOW, before me, a Notary Public in and for said County and Commonwealth, personally appeared Bruce C. Bankenstein who, being duly sworn, states and deposes that he is the attorney for Petitioner in the above-captioned action, and that on this date, a true and correct copy of the Petition for Creation of a Trust filed in the above-captioned action together with the citation issued thereon were served by regular mail, postage prepaid thereon, upon each of the following persons at the following addresses: William A. Wotring 111 Laurel Drive Enola, PA 17025 James P. Wotring 111 Laurel Drive Enola, PA 17025 Date: February 14, 2001 /"/ .~. ,/7./ ~''';f// .;/,">> ' -' --" c Bruce C. Bankenstein Attorney for Petitioner Sworn and subscribed to before me, this 14th day of ebruary, 2001 Expires: IOTARlAL SEAL _1 SNYDER. NOTA"'.... 1ORK. YORK COuNlY MY eo.sslOll EXPIRES sm. 17. ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: No. 21-01-95 TRUST FOR JAMES P. WOTRING AMENDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF York NOW, before me, a Notary Public in and for said County and Commonwealth, personally appeared Bruce C. Bankenstein who, being duly sworn, states and deposes that he is the attorney for Petitioner in the above-captioned action, and that on this date, a true and correct copy of the Petition for Creation of a Trust filed in the above-captioned action together with the citation issued thereon were served by regular mail, postage prepaid thereon, by letter of this date, a copy of which is attached hereto and made a part hereof, upon each of the following persons at the following addresses: Donald B. Wotring 6421 Somerset Street Harrisburg, PA 17111 Ronald F. Wotring 406 Meadow Drive Camp Hill, PA 17011 James P. wotring 111 Laurel Drive Enola, PA 17025 P") .// .... ~ ...,/'1 //' Date: February 23, 2001 7/2~/V.. I~; ,- # Bruce C. Bankenstein Attorney for Petitioner Sworn and subscribed to before me, this 23rd day of F bruary, 2001 tary Publ c Commission Expires: NOTARIAL SEAL ClORIA J. SNYDER. NOTARY PUBLIC YORK. YORK COUNTY MY COMMISSION EXPIRES SEPT. 27. 2004 J. MANIFOLD & BANKENSTEIN Attorneys At Law 42 North Duke Street York, Pennsylvania 17401-]299 (717) 843-0961 Hugh D. Manifold Bruce C. Bankenstein Telefax (717) 843-0699 February ~, 2001 James P. Wotring 111 Laurel Drive Enola, PA 17025 Ronald F. Wotring 406 Meadow Drive Camp Hill, PA 17011 Donald B. Wotring 6421 Somerset Street Harrisburg, PA 17111 RE: PETITION FOR JAMES P. WOTRING NO. 21-01-95 OUR FILE NO. 10534-3 Gentlemen: Please be advised that I represent the Petitioner for the above matter, your brother, William A. Wotring. He is requesting the Court of Common Pleas of Cumberland County, Pennsylvania to create a Trust of which James P. Wotring will be the beneficiary. Enclosed please find a copy of that Petition with the proposed Trust attached, together with the citation issued by the court to allow this proceeding to move forward. If you should have any questions, please do not hesitate to contact me. Very truly yours, MANIFOLD & BANKENSTEIN Is) Bruce C. Bankenstein BCB:gjs Enclosures cc: William P. Wotring