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HomeMy WebLinkAbout02-4024nmHUNTER GRIFFIE, A MINOR, BY SHANNON GRIFFIE AND RANDY GRIFFIE, HIS PARENTS AND NATURAL GUARDIANS AND SHANNON GRIFFIE AND RANDY GRIFFIE, INDIVIDUALLY AND IN THEIR OWN RIGHT, Plaintiffs, v. J. CRAIG JURGENSEN, M.D., CARLISLE HEALTH AND WELLNESS FOUNDATION, SUCCESSOR TO CARLISLE HOSPITAL AND HEALTH SERVICES, CARLISLE PEDIATRIC ASSOCIATES, HOLLY C. BAUER, M.D., J. LYNN HOFFMAN, M.D., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.02-4024 CIVIL TERM ORDER OF COURT AND NOW, this 8~' day of November, 2012, upon consideration of the Plaintiff s (Co-Trustee's) petition and supplemental petition to withdraw monies from the minor's settlement account and Respondent National Independent Trust Company's (Co- trustee's) response thereto, indicating its objection to the amount of money requested to be withdrawn by the Plaintiff as being too high for the reasons stated in its response, and counsel for the Plaintiff, Neil Rovner, Esq., having stated in a letter to this Court dated November 6, 2012, that because of the content contained in the Respondent's answer to the Plaintiff s petition, he has a conflict in representing Shannon Griffie {Plaintiff) in the current petition as her position and the amount of money she is requesting to be withdrawn is adverse to the co-trustee's position on the matter, and after having had conference calls with Neil Rovner, Esq., on behalf of the Plaintiff, and Crystal Welton, Esq., on behalf of the Respondent National Independent Trust Company, on November 7 and 8, 2012, and Plaintiff having failed to prove to this Court that the amount of money requested for the purchase of a vehicle for Hunter Griffie is a reasonable and proper expenditure, the Plaintiff s Petition and Supplemental Petition to withdraw monies from the minor's settlement account is hereby denied, without prejudice to the Plaintiff to refile the petition. The parties are encouraged to work together to negotiate a reasonable amount of money to be proposed to this Court to be withdrawn from the minor's settlement account for the purchase of a vehicle on behalf of Hunter Griffie. The parties aze further encouraged to file a joint petition with this court to that effect when they reach an agreement as to the amount of money to be withdrawn from the minor's settlement account. NO FURTHER action will be taken by this Court on the Petition or Answer and New Matter contained therein until a further petition is filed by any interested party. BY THE COURT, ~~~~ Christylee .Peck, J. Neil J. Rovner, Esq. Angino and Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiffs t/ Crystal L. Welton, Esq. McAndrews Law Offices, P.C. 30 Cassatt Avenue Berwyn, PA 19312 Attorney for Respondent r~ c ~3 r*~~ a~'+ z~ cnr' ~_ <~ n x" _o A~ --c ra c r 3 c rv cn -,r; --~ ~ -~; r~ ~ -r,,.,, mac; a, -+cs ~~ ~' h ~ ~.~ ~ Mark Newell, Esq. Legal Department Department of Public Welfare 801 Market Street, Suite 5092 Philadelphia, PA 19107 ,/ Susan F. Hammond Senior Vice President National Independent Trust Company 305 S. Vienna Street Ruston, LA 71270 coP;~s ,~Q,7~ ~~~~/,~ e~~ CRYSTAL L. WELTON,ESQUIRE Attorney for Petitione4l , IDENTIFICATION N0. 210183 c:) � McANDREWS LAW OFFICES, P.C. 71 30 Cassatt Avenue -~r= Berwyn, PA 19312 Phone: (610) 648-9300 Fax: (610) 648-0433 HUNTER GRIFFIE, A MINOR, BY SHANNON GRIFFIE IN THE COURT OF COMMON AND RANDY GRIFFIE, HIS PARENTS AND NATURAL PLEAS, CUMBERLAND GUARDIANS AND SHANNON GRIFFIE AND RANDY COUNTY, PA GRIFFIE, INDIVIDUALLY AND IN THEIR OWN RIGHT, Plaintiffs CIVIL ACTION - LAW V. NO. 02-4024 Civil Term J. CRAIG JURGENSEN, M.D., CARLISLE HEALTH AND WELLNESS FOUNDATION, SUCCESSOR TO CARLISLE HOSPITAL AND HEALTH SERVICES, CARLISLE PEDIATRIC ASSOCIATES, HOLLY C. BAUER, M.D., J. LYNN HOFFMAN, M.D. Defendants ORIGINAL ORDER AND PETITION SEALED BY THE COURT PETITION FOR AN EXPENDITURE OF PRINCIPAL FOR A VEHICLE AND NOW COMES before Your Court,National Independent Trust Company("NITC") and Shannon Griffie Mellott, Co-Trustees of The Hunter M. Griffie Special Needs Trust (the "Trust"), by and through their counsel, McAndrews Law Offices, P.C., and represent as follows: PETITION 1. On or about March 26, 2012, Shannon Griffie Mellott, the mother of Hunter Griffie, age 15, requested Court authorization to withdraw$36,677.41 from the proceeds of Hunter Griffie's settlement for the purchase of a 2012 Ford Explorer Eco Boost(the"vehicle"); this request was made because Shannon Griffie Mellott was in a car accident on March 16, 2012 and the car that she used to transport Hunter Griffie, and for which the Trust made the monthly payments, was totaled. The insurance monies received as a result of the car accident were enough to pay off the remaining balance of the automobile loan for the totaled car. 2. On or about September 24, 2012, McAndrews Law Offices, P.C. requested that the Court require Shannon Griffie Mellott to choose a cost-efficient vehicle to meet the safety and transportation needs of Hunter Griffie,with a cost between $10,000.00 and$15,000.100. The purpose of this request was to both avoid depleting the Trust(which, as of June 25,2013, has a balance of $266,123.23)and to meet the safety and transportation needs of Hunter Griffie. 3. On or about November 8,2012, the Honorable Christylee L. Peck entered an Order in response to Shannon Griffie Mellot's request to withdraw monies from the Trust for a vehicle on behalf of Hunter Griffie. The Order denied Shannon Griffie Mellot's request to withdraw$36,000.00, and stated"the parties are encouraged to work together to negotiate a reasonable amount of money to be proposed to this Court to be withdrawn from the minor's settlement account for the purchase of a vehicle on behalf of Hunter." Further, Judge Peck directed Shannon Griffie Mellott and McAndrews Law Offices, P.C. to file ajoint petition once they were able to reach an agreement. A copy of this Order is attached as Exhibit"A". 4. Petitioners have agreed that Trust will contribute $15,000.00, including payments made to date in the amount of$6,494.84 (as of May 17, 2013),toward the purchase of the 2012 Ford Explorer requested by Shannon Griffie Mellott, which is a reasonable amount to expend on the non- modified vehicle. 5. Petitioners have further agreed that the remaining balance($21,667.41)of the vehicle's purchase price($36,667.41)will be paid by Petitioner Shannon Griffie Mellott. 6. NITC will pay the monthly payments from the Trust directly to the automobile's note holder. Once the Trust has made payments totaling $15,000.00, Shannon Griffie Mellott shall pay the remainder of the monthly car payments until the loan is satisfied. 7. For title and insurance purposes, the vehicle is titled in the name of Sandra L. Shoop. NITC, on behalf of the Special Needs Trust, will place a lien against the vehicle, and Sandra L. Shoop will execute a promissory note to repay the Hunter M. Griffie Special Needs Trust should she sell or transfer the vehicle, which would only be for fair market value and with the consent of the Trustee. A copy of the promissory note is attached as Exhibit`B". 8. A copy of the instant Petition has been sent to the Department of Public Welfare, and a Certificate of Service is attached hereto. WHEREFORE, Petitioners National Independent Trust Company and Shannon Griffie Mellott respectfully request that this Honorable Court approve the expenditure of$15,000.00 from the Principal of the Trust for the vehicle that has already been purchased by Shannon Griffie Mellott. Respectfully submitted, Date:_LIA& NV VkVVK� Crystal . Welt&, squire Counsel for Petitioners 3 CRYSTAL.L. WELTON,ESQUIRE Attorney for Petitioner IDENTIFICATION NO.210183 McANDREWS LAW OFFICES,P.C. 30 Cassatt Avenue Berwyn,PA 19312 Phone: (610)64'8-9300 Fax: (610)648-0433 HUNTER GRIFFIE,A MINOR,BY SHANNON GRIFFIE IN THE COURT OF COMMON AND RANDY GRIFFIE,HIS PARENTS AND NATURAL, 1 PLEAS, CUMBERLAND GUARDIANS AND SHANNON GRIFFIE AND RANDY COUNTY,PA GRIFFIE,INDIVIDUALLY AND IN THEIR OWN RIGHT, Plaintiffs CIVIL ACTION-LAW V. J NO.02-4024`Civil Term J. CRAIG JURGENSEN,M.D., CARLISLE HEALTH AND WELLNESS FOUNDATION, SUCCESSOR TO CARLISLE HOSPITAL AND HEALTH SERVICES, CARLISLE PEDIATRIC ASSOCIATES,HOLLY C. BAUER,M.D.,J. LYNN HOFFMAN,M.D. Defendants VERIFICATION I, Shannon Grife Mellott, am a Petitioner herein, and hereby verify that the statements made in the foregoing Petition For An Expenditure of Principal For a Vehicle are true and correct to the best of my knowledge,information and belief. I understand that the statements in said Petition are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DATED: y: Shannon Grif le Mellott CRYSTAL L. WELTON,ESQUIRE Attorney for Petitioner IDENTIFICATION NO. 210183 MeANDREWS LAW OFFICES, P.C. 30 Cassatt Avenue Berwyn, PA 19312 Phone: (610)648-9300 Fax: (610) 648-0433 HUNTER GRIFFIE, A MINOR, BY SHANNON GRIFFIE IN THE COURT OF COMMON AND RANDY GRIFFIE, HIS PARENTS AND NATURAL PLEAS, CUMBERLAND GUARDIANS AND SHANNON GRIFFIE AND RANDY COUNTY, PA GRIFFIE, INDIVIDUALLY AND IN THEIR OWN RIGHT, Plaintiffs CIVIL ACTION - LAW V. NO. 02-4024 Civil Tenn J. CRAIG JURGENSEN, M.D., CARLISLE HEALTH AND WELLNESS FOUNDATION, SUCCESSOR TO CARLISLE HOSPITAL AND HEALTH SERVICES, CARLISLE PEDIATRIC ASSOCIATES, HOLLY C. BAUER, M.D., J. LYNN HOFFMAN, M.D. Defendants VERIFICATION 1, Susan F. Hammond, Senior Vice President on behalf of National Independent Trust Company, Co-Trustee of the Hunter M. Griffie Special Needs Trust, am a Petitioner herein, and hereby verify that the statements made in the foregoing Petition For An Expenditure of Principal For a Vehicle are true and correct to the best of my knowledge, information and belief. I understand that the statements in said Petition are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. National Independent Trust Company DATED: 62. iP By: Susan F. Hammond, Senior Vice President Authorized Representative EXHIBIT A HUNTER GRIFFIE, A MINOR, : IN THE'COURT OF COMMON PLEAS OF BY SHANNON GRIFFIE AND CUMBERLAND COUNTY, PENNSYLVANIA RANDY GRIFFIE,HIS PARENTS AND NATURAL GUARDIANS AND -SHANNON GRIFFIE AND RANDY GRIFFIE, INDIVIDUALLY AND IN THEIR OWN RIGHT, Plaintiffs, CIVIL ACTION-LAW �rn . ® _ V. cnr CD CD -J. CRAIG JURGENSEN,M.D., v c, CARLISLE HEALTH AND. WELLNESS FOUNDATION, v `•'•' T t SUCCESSOR TO CARLISLE � HOSPITAL AND HEALTH. SERVICES, CARLISLE PEDIATRIC ; ASSOCIATES, HOLLY C. BAUER, M.D.;J. LYNN HOFFMAN, M.D.; ; Defendants. : NO. 02-4024 CIVIL TERM IN RE: PLAINTIFF'S PETITION AND SUPPLEMENT PETITION TO WITHDRAW MONIES FROM MINOR SETTLEMENT ACCOUNT AND THE RESPONSE TO PLAINTIFF'S PETITION AND SUPPLEMENT TO WITHDRAW MONIES FROM MINOR SETTLEMENT ACCOUNT ORDER OF COURT AND NOW, this 8"' day of November, 2012, upon consideration of the Plaintiff's (Co-Trustee's) petition and-supplemental petition to withdraw monies from the minor's settlement account and Respondent National Independent Trust Company's (Co- trustee's) response thereto, indicating its objection to the amount of money requested to be withdrawn by the Plaintiff as being too high for the reasons stated in its response, and counsel for the Plaintiff, Neil Rovner, Esq., having stated in a letter to this Court dated November 6, 2012, that because of the content contained in the Respondent's answer to the Plaintiff's petition, he has a conflict in representing Shannon'Griffie (Plaintiff) in the current petition as her position and the amount of money she. is requesting to be withdrawn is adverse to the co-trustee's position on the matter, and after having had conference calls with Neil Rovner, Esq., on behalf of the Plaintiff, and Crystal Welton, Esq., on behalf of the.Respondent National Independent Trust Company, on November 7 and 8, 2012, and Plaintiff having failed to prove to this Court that the amount of money requested for the purchase of a vehicle for Hunter Griffie is a reasonable and proper expenditure, the Plaintiff's Petition and Supplemental Petition to withdraw monies from the minor's settlement account is. hereby denied, without prejudice to the Plaintiff.to refile the petition. The parties are encouraged to work together to negotiate a'reasonable amount of money to be proposed to this Court to be withdrawn from the minor's settlement account for the purchase of a vehicle on behalf of Hunter Griffie. The parties are further encouraged to file a joint petition with this court to that effect when they reach an agreement as to the amount of money to be withdrawn from the minor's settlement account. NO FURTHER action will be taken by this Court on the Petition or Answer and New Matter contained therein until a further petition is filed by any interested party. BY THE COURT, Christylee . Peck, J. Neil J. Rovner, Esq, Angino and Rovner,P.C. 4503 North Front Street . Harrisburg, PA 17110-1748 Attorney for Plaintiffs Cry al L. Welton, Esq. cAn , ews Law offices, P.C. 0 Cassatt Avenue Berwyn,PA 19312 Attorney for Respondent Mark Newell,Esq. Legal Department Department of Public Welfare 801 Market Street, Suite 6092 Philadelphia,-PA 19107 Susan F. Hammond Senior Vice President National'Independent Trust Company 305 S. Vienna Street Ruston,LA.712'70 EXHIBIT B PROMISSORY NOTE In consideration of a loan:in the-amount of$:15;000.00"frgm the Hunter M.-Griffie Special- Needs Trust:to the undersigned;receipt of which;is-acknowledged:for the purchase-of a 2012 Ford Explorer Eco Boost-in the name�of Sandra L. Shoop,which loan and vehicle purchase are intended to meet the,special needs of Hunter M. Griffie,the undersigned promises to pay to said Trust forty-one percent(41%),which equals the Trust's,contribution toward the total price of the vehicle,of any sum received from the sale or transfer of the vehicle,which sale or transfer shall only be for fair market value and with the consent of the Trustee of said Trust,and with all payments due as set forth herein only upon the sale or other transfer said vehicle. Sandra L. Sh96p DATED: CRYSTAL L. WELTON,ESQUIRE Attorney for Petitioner IDENTIFICATION NO. 210183 McANDREWS LAW OFFICES,P.C. 30 Cassatt Avenue Berwyn, PA 19312 Phone: (610) 648-9300 Fax: (610) 648-0433 HUNTER GRIFFIE, A MINOR, BY SHANNON GRIFFIE IN THE COURT OF COMMON AND RANDY GRIFFIE, HIS PARENTS AND NATURAL PLEAS, CUMBERLAND GUARDIANS AND SHANNON GRIFFIE AND RANDY COUNTY, PA GRIFFIE, INDIVIDUALLY AND IN THEIR OWN RIGHT, Plaintiffs CIVIL ACTION -LAW V. NO. 02-4024 Civil Term J. CRAIG JURGENSEN,M.D., CARLISLE HEALTH AND WELLNESS FOUNDATION, SUCCESSOR TO CARLISLE HOSPITAL AND HEALTH SERVICES, CARLISLE PEDIATRIC ASSOCIATES, HOLLY C. BAUER, M.D., J. LYNN HOFFMAN, M.D. Defendants CERTIFICATE OF SERVICE I hereby certify that notice of the Petition for an Expenditure of Principal for a Vehicle was served upon the following persons by first class mail,which service satisfies the requirements of the Orphans' Court Rules: Steven Gonka, Esquire Susan F. Hammond Office of General Counsel Senior Vice President Department of Public Welfare National Independent Trust Company 625 Forster Street 305 S. Vienna Street Room 305 West Ruston,LA 71270 Health and Welfare Building Harrisburg, PA 17120 Shannon Griffie Mellott 324 Pine Grove Road Gardners, PA 17324 25 7r� 13 Date Cry4tal W elt n, squire CRYSTAL L. WELTON, ESQUIRE Attorney for Petitioner IDENTIFICATION NO. 210183 McANDREWS LAW OFFICES, P.C. 30 Cassatt Avenue Berwyn, PA 19312 Phone: (610) 648-9300 Fax: (610) 648-0433 HUNTER GRIFFIE, A MINOR, BY SHANNON GRIFFIE IN THE COURT OF COMMON AND RANDY GRIFFIE, HIS PARENTS AND NATURAL PLEAS, CUMBERLAND GUARDIANS AND SHANNON GRIFFIE AND RANDY COUNTY, PA GRIFFIE, INDIVIDUALLY AND IN THEIR OWN RIGHT, Plaintiffs CIVIL ACTION - LAW V. NO. 02-4024 Civil Term J. CRAIG JURGENSEN, M.D., CARLISLE HEALTH AND WELLNESS FOUNDATION, SUCCESSOR TO CARLISLE HOSPITAL AND HEALTH SERVICES, CARLISLE PEDIATRIC ASSOCIATES, HOLLY.C. BAUER, M.D., J. LYNN HOFFMAN, M:D. Defendants FINAL DECREE AND NOW, this day of , 2013, upon consideration of the within Petition for an Expenditure of Principal for a Vehicle, it is hereby ORDERED, ADJUDGED, and DECREED that National Independent Trust Company, as Co-Trustee of the Hunter M. Griffie Special Needs Trust, may expend from principal up to $15,000.00, including previous payments made, for the purchase of a vehicle for the benefit of Hunter, which shall be titled in the name of Sandra L. Shoop, who shall execute a promissory note in favor of the Hunter M. Griffie Special Needs Trust to ensure proportional reimbursement upon the sale of the vehicle. C_.. MW c— a_-11 zrn C= � t- °rr; h' It is further ORDERED, ADJUDGED, and DECREED that Shannon Griffie Mellott shall pay the remaining balance of the vehicle in the amount of$21,667.41. J. Co t i&r � S n21-