HomeMy WebLinkAbout12-12-08IN RE: JOSHUA GRIMES : IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
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EMERGENCY PETITION FOR EMERGENCY GUARDIANSHIP ~' ' '~
OF THE PERSON AND ESTATE OF JOSHUA GRIMES
AND NOW, comes Roxane Smith, by and through her attorney, Vincent M. Monfredo,
Esquire, and requests that this Honorable Court grant Petitioner, emergency guardianship of the
person and estate of Joshua Grimes for the following reasons:
1. 20 P.S. 5513 allows this Court to grant emergency guardianship for a period of 72 hours.
2. The alleged incapacitated person is Joshua Grimes, an adult male aged 27.
3. Mr. Grimes is currently a patient in the intensive care unit at Hershey Medical Center,
500 University Drive, Hershey, Pennsylvania.
4. Prior to the need for medical care, Mr. Grimes address was 565 Oppossum Lake Road,
Carlisle, PA 17015.
5. Mr. Grimes is single and has one child, nine (9) months old, Hailee Grimes, who lives
with her mother, Sheri Manning in Boiling Springs, Pennsylvania.
6. Petitioner, Roxane Smith is an adult individual aged 48. See affidavit attached as Exhibit
:~A~,
7. Petitioner resides at 565 Oppossum Lake Road, Carlisle, PA 17015. Id.
8. Petitioner is the alleged incapacitated person's biological mother. Id.
9. Petitioner has no interests adverse to those of Mr. Grimes. Id.
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10. Roxane Srnith, petitioner, has agreed to act as emergency guardian of the person and
estate of Joshua Grimes. Id.
11. An emergency guardianship is necessary for the following reasons:
a. Mr. Grimes was recently arrested by the State Police.
b. During the arrest Mr. Grimes was shot and the bullet remains lodged in his liver.
c. Mr. Grimes is in critical condition and is in intensive care.
d. Mr. Grimes is in a heavily sedated state similar to that of a coma.
e. Mr. Grimes is unable to communicate at this time.
f. The Pennsylvania State Police are guarding Mr. Grimes' hospital room and he is
unable to communicate with his family.
g. Mr. Grimes needs assistance in communicating and making decisions regarding
his affairs, which include but are not limited to his personal, estate, financial, and
medical.
h. Mr. Grimes may not recover and if he does, it is believed he will need extended
care.
12. No other alternative with lesser restrictions that the imposition of an Emergency Plenary
Guardian is available in this circumstance for the protection of rights and interests for Mr.
Grimes, because he would be unable to communicate or sign documents such as a power
of attorney or something similar.
13. Because of Mr. Grimes' profound disability and complete inability to care for himself or
his affairs, it is necessary to seek an Emergency Guardianship of the Estate and Person so
that Mr. Grime's wishes can be fully met and discharged.
14. Because of Mr. Grimes' profound disability and complete inability to care for himself or
his affairs, it is necessary to seek a Guardianship of the Estate and Person so that Mr.
Grimes' rights and obligations can be protected and fulfilled.
15. Petitioner is unaware of any assets that Mr. Grimes owns.
16. Petitioner believes Mr. Grimes is unemployed.
17. It is believed Roxane Smith is a mature, responsible adult who is fully capable of meeting
the obligations of Emergency Guardian for the following reasons:
a. She is the biological mother of Mr. Grimes.
b. She has cared for and taken care of Mr. Grimes in the past, and made decisions
for him.
c. She has no interests adverse to Mr. Grimes in that she only wishes him to recover
from this shooting and would only make decisions in his best interests.
18. Due to the emergency nature of these circumstances, it is requested that the court waive
the requirement that twenty (20) days notices of this proceeding be given to the alleged
incapacitated and that instead only (48) hours notice be given to him along with service o
the citation.
19. No other court has ever assumed jurisdiction in any proceeding to determine the capacity
of the alleged incapacitated person.
WHEREFORE, petitioner respectfully requests that this court award a citation directed to
Joshua Grimes, the alleged incapacitated person, with forty-eight (48) hours notice and service
thereof to be given to him, to show cause why Roxane Smith should not be appointed emergency
guardian of his estate and person, with emergency guardianship to be in effect with respect to the
guardianship of the person for a period of seventy-two (72) hours from the date of this court's
decree and with respect to the guardianship of the estate for a period of thirty (30) days from the
date of this decree.
Date: April 16, 2008 Respectfully submitted,
ROMINGER & ASSOCIATES
Vincent M. Monfredo, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 206671
Attorney for Defendant
IN RE:
JOSHUA GRIMES : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT
. NO.
CERTIFICATE OF SERVICE
I, Vincent M. Monfredo Esquire, do hereby certify that I served a copy of the Petition
upon the following by depositing same in the United States mail, postage prepaid, at Carlisle,
Pennsylvania addressed as follows:
Joshua Grimes
Hershey Medical Center
500 University Drive
Hershey, PA 17033
Dated: O'~
Respectfully submitted,
ROMINGER & ASSOCIATES
//
Vincent M. Monfredo, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 206671
Attorney for Petitioner
VERIFICATION
Vincent M. Monfredo, Esquire, states that he is the attorney for Petitioner in this action;
that he makes this affidavit as attorney because he has sufficient knowledge or information and
belief, based upon his investigation of the matters averred or denied in the foregoing document;
and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to
unsworn falsification to authorities.
Date: / Q~
.`
Vincent M. Monfredo, Esquire
Attorney for Petitioner
AFFIDAVIT OF ROXANE SMITH
AND NOW this ~~ day of December 2008, I, Roxane Smith, do hearby swear and
affirm:
l . I am an adult individual living at 565 Opposum Lake Road, Carlisle, PA 17015.
2. I am the biological mother of Joshua Grimes who currently is in intensive care at Hershey
Medical Center.
3. Joshua was using my address as a mailing address and living part time with me and part
time with one of his friends.
4. As Joshua's mother, I am in the best position to respond to inquiries about Joshua's
medical care, estate matters, and finances.
5. I have no interests adverse to Joshua Grimes.
6. I am willing to accept an appointed of Plenary Guardianship of Joshua Grimes by the
Court of Common Pleas of Cumberland Co
Roxane Smith
COMMONWEALTH OF PENNSYLVANIA
)SS:
COUNTY OF CUMBERLAND
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On this, the ~~day of 6_ ~ , 2008 before me a notary public, the undersigned
officer, personally appeared Roxane Smith ,known to me (or satisfactorily proven) 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 WIT SS WHEREOF, I hereu o set my hand and official seal.
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Notary Public
COMMON'JV~adLTl-I OP PENNSYLVANIA
Notarial Seal
Tammie L. Peters, Notary Public
Carlisle BorCi, Cumberland County
My Commissian E:ynires Sept. 9, 2011
Member, f'en±,;.~a-~;%= °~ e•u :iat+on of Notaries