Party Statement: IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST

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                                TUOMALA

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Jul-30-2010 3:52 pm

Case Number: PTR-06-288755
Filing Date: Jul-30-2010 3:51
Juke Box: 001 Image: 02926520
DECLARATION

IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST

001P02926520

Instructions:
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Andrew K, Schultz (State Bar #215917) cousePel PILED

WITHERSPOON & SIRACUSA TY oF aR COURT
1550 Bryant Street, Suite 875 2010 J ANCiSeg
San Francisco, CA 94103-4879 UL 30
Telephone (415) 552-1814 Clen, 349
Facsimile (415) 552-2158 , ov: THE Coury

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Attorneys for Herb Thomas, Petitioner
Successor Trustee

SUPERIOR COURT OF THE STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO

FILED BY FAX

NUMBER: PTR-06-288755
THE ROSIA L. HART
REVOCABLE TRUST
dated May 19, 2004

DECLARATION OF SUCCESSOR
TRUSTEE TO SUPPLEMENT HIS SECOND
ACCOUNT AND REPORT

Cross Ref: Case No. PCN-06-288756
The Conservatorship of Rosia Lee Hart

Date: August 10, 2010
Time: 9:00 a.m.
Dept: Probate, Room 204

Herb Thomas, as Successor Trustee of The Rosia L. Hart Revocable Trust, declares:

1. Petitioner is a private, professional fiduciary, duly-licensed in the State of
California. On May 24, 2008, Petitioner was appointed temporary conservator of the estate of
Rosia Lee Hart (“Settlor”), and Letters of Temporary Conservatorship of the Estate were first
issued to him that same day. On that same day, Settlor’s trust, The Rosia L. Hart Revocable
Trust (“Trust”), was brought under the continuing supervision of this Court, and Petitioner was

appointed Temporary Successor Trustee of the Trust. On November 16, 2006, Petitioner was

DECLARATION TO SUPPLEMENT SECOND ACCOUNT 1 CASE No. PTR-06-288755C -~

appointed probate conservator of Settlor's estate, and Letters of Conservatorship of the Estate
were first issued to him that same day. On that same day, Petitioner was also appointed
Successor Trustee of the Trust. Thus, from that time to the present, Petitioner has been and
is both the duly appointed and acting conservator of the Settlor's estate and Successor
Trustee of her Trust.

2 On March 9, 2010, Petitioner filed herein his Second Account and Report of
Successor Trustee and Petition for its Settlement; Petition for Allowance of Trustee's
Fees and Attorneys’ Fees, Both as a Lien Against Real Property; and Petition to
Approve Abandonment of Development Project, which is currently set for hearing on
August 10, 2010.

3. As shown in Petitioner's second account, there was an insufficient funds charge
of $22 on December 28, 2007. Petitioner voluntarily reduces his requested fees as trustee by
this amount to a total of $17,402.03.

4. By ex parte order in the related conservatorship proceedings dated October 25,
2007, the scope of Petitioner's litigation counsel, Maclnnis Donner & Koplowitz, was expanded
to encompass new matters, and Petitioner was authorized to pay them a second retainer of
$5,000. Petitioner was originally authorized to retain MacInnis Donner & Koplawitz and pay
them a first retainer of $5,000 in the order appointing temporary conservator dated May 24,
2006, and, as show in Petitioner's first account as Trustee, the first retainer was paid on July

5, 2006.

| certify under penalty of perjury under the laws of the State of California that the

foregoing is true and correct, and that this Declaration was signed at Alameda, California, on

the date indicated below.

AA) (we

Herb Thomas, Petitioner,
Successor Trustee of The Rosia L. Hart
Revocable Trust

DECLARATION TO SUPPLEMENT SECOND ACCOUNT = 2 Case No. PTR-06-288755