HomeMy WebLinkAbout07-01-15 IN RE: : THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
HUNTER M. GRIFFIE, : ORPHANS' COURT DIVISION
an Alleged Incapacitated Person : NO.
PETITION FOR ADJUDICATION OF INCAPACITY AND
APPOINTMENT OF GUARDIAN OF THE PERSON AND ESTATE
OF AN ALLEGED INCAPACITATED PERSON
TO THE HONORABLE, THE JUDGES OF SAID COURZ':
The Petition of SHANNON M. MELLOTT, by her attarney, Wayne F. Shade,
Esquire, respectfully represents, as follows:
1. Petitioner SHANNON M. MELLOTT, who resides at 423 Pine Grove Road,
Gardners, Cumberland County, Pennsylvania 17324, is the mother of Hunter M. Griffie,
the alleged incapacitated person herein.
2. The father of Hunter M. Griffie is RANDY G GRIFF[E, who resides at 190
Pine School Road, Gardners, Cumberland County, Pennsylvania 17324,joins in this
Petition to confirm his consent to the appointment of Petitioner as the primary plenary
guardian of the person and estate of Hunter M. Griffie and to request that he be appointed
as the alternate plenary guardian of the person and estate of Hunter M. Griffie.
3. HLTNTER M. GRIFFIE, the alleged incapacitated person herein, is unmarried,
was born on August 8, 1997, and is a domiciliary of and he lives in the primary physical
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custody of Petitioner Shannon M. Mellott at 423 Pine Grove Road,��xiners,� f�; �
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Cumberland County, Pennsylvania 17324. '� �''' `� "r' '�'
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4. The next of kin of Hunter M. Griffie who would share in the estate of Hunter
M. Griffie if Hunter M. Griffie were to die intestate are the aforesaid parents of Hunter
M. Griffie.
5. The names, addresses, and services of other service providers for Hunter M.
Griffie are, as follows:
(a) Hunter M. Griffie attends school at Northwestern Human Services, 898
Waggoner's Gap Road, Carlisle, Pennsylvania 17013.
(b) The pediatrician for Hunter M. Griffie is Kevin S. Barnes, M.D., of 2106
Aspen Drive, Mechanicsburg, Pennsylvania 17055.
(c) The neurologist for Hunter M. Griffie is Todd F. Barron, M.D., of 228 St.
Charles Way, Suite 200, York, Pennsylvania 17402.
6. Hunter M. Griffie has no assets as of the date of tiling of this Petition. Hunter
M. Griffie is a beneficiary of a Special Needs Trust. The Co-Trustees of The Hunter M.
Griffie Special Needs Trust are Argent Trust Company, NA, farmerly National
Independent Trust Company, with offices at 500 East Reynolds Drive, Ruston, Louisiana
71270, and Petitioner Shannon M. Mellott. The assets of the Special Needs Trust consist
of equities with a value of approximately $118,000 and the resiclence in which Hunter M.
Griffie resides with Petitioner Shannon M. Mellott with an appraised value of$189,000.
In accordance with the typical provisions of a special needs trust, Hunter M. Griffie has
no right to the income or principal of the Trust. Distributions may only be made for his
benefit in accordance with the combined discretion of both Co-Trustees. Upon attaining
the age of eighteen (18) years on August 8, 2015, Hunter M. Griffie will begin receiving
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Supplemental Security Income in the approximate amount of$700 per month as his sole
income. Petitioner Shannon M. Mellott receives $100 per week i'rom Randy C. Griffie in
child support for Hunter M. Griffie.
7. Hunter M. Griffie was never a member of the armed f`orces of the United
States.
8. Hunter M. Griffie is totally incapacitated or impaired in the ability to make and
communicate decisions for the management of his financial resources or to meet the
essential requirements for his physical health and safety for the reasons that he suffers
from severe brain damage as a result of inedical negligence that resulted in the
establishment of his special needs trust. He is nonverbal and severely autistic.
9. There are no less restrictive alternatives to adjudication of incapacity.
10. The specific areas of incapacity over which it is reguested that the guardian of
the estate be assigned powers are financial management and medical and health care
needs including care and placement decisions, access to all medical records, and power to
make all decisions regarding medical treatment and life support.
11. The sworn statement of Kevin S. Barnes, M.D. that the physical or mental
condition of Hunter M. Griffie would be harmed by his presence at the hearing is
attached hereto as Exhibit "A" and incorporated herein by reference as though fully set
forth.
12. The proposed primary and alternate guardians of the estate have no interests
that are adverse to the interests of Hunter M. Griffie.
13. The income of Hunter M. Griffie is insufficient to pay the cost of his care.
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14. No other court has ever assumed jurisdiction in any proceeding to determine
the competency of Hunter M. Griffie.
15. Hunter M. Griffie has no guardian of his estate or person.
WHEREFORE, Petitioner Shannon M. Mellott prays that a Citation issue directed
to Hunter M. Griffie to show cause why he should not be adjudicated an incapacitated
person and a guardian of his estate and of his person be appointed.
Respectfully submitted,
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Wayn F. Shade, F_,squire
Supreme Court I.D. # 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Petitioner Shannon M. Mellott
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I, SHANNON M. MELLOTT, verify that the statements made in this Petition are
true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities.
Date: �I��� ��
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annon M. Mellott
I, RANDY C. GRIFFIE, hereby join in this Petition and verify that the statements
made in this Petition are true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to
authorities.
Date: (i, �;2� , ��j
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Randy . Griffie
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05l27/2015 4:53PM FAx 7172490017 'Rayne F . Shade 1�0003/0004
lI� RE: ; 't'Ii� Ct)l1R'1' U}� COMMON PLrAS 01r'
: C FRLAND CO'UNTY, P�NNSYLVANIA
HtTNTH�R M. GRIrFi�, : ORP IANS' COi1RT]7iViS10N
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a�► nlleged Tncapacitatcd Person : N�� '
AFFI AVIT
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I, Kevin S. Barn,es, M.D, hereby swe r or affirm that I am a licenscd physician in�
the Commonwealth of 1'ennsylvania and tha Che�hysical or mental condition of Hunter
M. Gril'tie is such that he is totally incapacit ted and that he wc�uSd bc. scverely disturbed
and harmed by a requiremcnt<>f his presenc at dny courc he�ring k►erein.
T understar�d that false statements bcr in are made subject to the penalties of 18 Pa-
C.S. § 49U4, relating to ur�sworn falsificatio to authoritics,
� � ;�natc: June 11, 2015 �.;,.
K vin S. Barnes, M.D. �
Holy Spirit Pediat����5 of Mechanicsburg
21 Qfi������rive
Mech�nicylyur�, PA 17QS5
Phan�(717)�91-�683
Fax(717)691-9689
EXHIBI "A"
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