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IN THE COURT OF COMMON PLEAS OF CLERK OF
CUMBERLAND COUNTY, PENNSYLVANIA ~RPHAN~S C~JtJR1
ORPHANS' COURT DIVISION CU~Ygrr~;` t~;~.,t1 GQ„ PA.
O.C. No. ~ ~ - ~~~j
HUNTER M. GRIFFIE SPECIAL NEEDS
TRUST UNDER AGREEMENT DATED APRIL 13, 2005
PETITION FOR APPOINTMENT OF
GUARDIAN AND TRUSTEE AD LITEM FOR MINOR
The Petitioner, Sovereign Bank ("Sovereign"), the trustee of the Hunter M. Griffie
Special Needs Trust dated April 13, 2005 of Shannon Griffe (now Shannon Mellatt) and Randy
Griffe, Settlors (the "Trust"), hereby states as follows:
Hunter M. Griffie (the "Beneficiary"), is a minor, having been born on
August 8, 1997.
2. The instrument establishing the Trust was executed on April 13, 2005 by
Shannon Griffie (now known as Shannon Mellatt) 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 as Exhibit "A" to the Petition to Approve Resignation of Trustee and to
Approve Appointment of Successor Trustee, which is being filed simultaneously herewith and
which is described in paragraph 6 below.
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).
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5. On July 23, 2010, the Petitioner filed with this Court its First and Final
Account (the "Account") and Petition for Adjudication. The Account is to be called for audit on
August 24, 2010.
6. On the date of the filing this Petition, the Petitioner is also filing a Petition
to Approve Resignation of Trustee and to Approve Appointment of Successor Trustee, asking
the Court to approve Sovereign's resignation as a trustee and to approve Settlor, Shannon
Mellatt's, appointment of National Independent Trust Company as successor trustee (the
"Trustee Petition").
7. The names and addresses of all interested parties are as follows:
Name and Address Relationshi Interest
Hunter M. Griffie, a minor Child of Settlors Discretionary beneficiary
DOB: 08-08-1997 of income and principal
423 Pine Grove Road for life
Gardners, PA 17324
Shannon Mellatt Settlor One-half Remainder
(formerly Shannon Griffie) Beneficiary
423 Pine Grove Road
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 N
The Special Needs Trust Depository of Special Needs Trust
Attn: Manager TPL Section Agreement
P.O. Box 8486
Harrisburg, PA 17106
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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
8. The Petitioner desires that a guardian and trustee ad litem be named to
represent the Beneficiary in connection with the Account and Petition for Adjudication and the
Trustee Petition.
WHEREFORE, the Petitioner respectfully requests that a guardian and trustee ad
liaem be appointed to represent Hunter M. Griffie, a minor, in connection with the audit of the
Account, the Petition for Adjudication and the Trustee Petition.
Date: O'l ^ Z9. ~'L ~~ o
. Howard V' erman
Attorney Identification No. #47016
Montgomery, McCracken, Walker & Rhoads, LLP
123 South Broad Street
Philadelphia, PA 19109
(T)215 772-7553
(F)215-772-7620
Counsel for Petitioner
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VERIFICATION
I, BARBARA KANNHEISER, Senior Vice President of SOVEREIGN BANK, the
Petitioner in the within Petition, verify that the facts contained in the 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: tea' / D ~uv1.wL...,~~J~Gt~
BARBARA KANNHEISER, Senior Vice President
SOVEREIGN BANK, Petitioner