HomeMy WebLinkAbout07-02-04IN RE: : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ELEANOR U. COOLIDGE, Deceased : ORPHANS' COURT DIVISION
:
: NO. 21-03-936
:
: JURY TRIAL DEMANDED
PETITION FOR CITATION
TO THE HONORABLE JUDGES OF SAID COURT:
Julia Elizabeth Coolidge-Stolz of 2 Gillis Drive, North Reading, Massachusetts 01864,
surviving daughter of the decedent, hereby petitions the Orphans' Court Division of the
Common Pleas of Cumberland County, Pennsylvania, to issue a Citation to all interested parties
to show cause why the Probate Decree should not be set aside and in support thereof respectfully
represents:
1. The decedent, Eleanor U. Coolidge, an un-remarried widow, died on March 24,
2004 leaving to survive her as the persons entitled to her estate under the Intestate Laws, her
three (3) children: -
a. Thomas E. Coolidge, son (Respondent);
C2
b. Philip W. Coolidge, son (Respondent); and
c. Julia Elizabeth Coolidge-Stolz, daughter (Petitioner).
2. A certain paper writing alleged to be the Last Will of said decedent and
purporting to have been executed on December 8, 2003 was offered to probate at the Register of
Wills of Cumberland County by Thomas E. Coolidge and Phillip W. Coolidge.. A true and
correct copy of the paper writing dated December 8, 2003 is attached hereto as Exhibit "A".
BACKGROUND
3. The decedent was a widow since July 14, 2001. She died on March 24, 2004
while a resident of Green Ridge Village located in Newville, Cumberland County, Pennsylvania.
4. Prior to entering the Green Ridge Village nursing facility the decedent was
discharged from the Chambersburg Hospital Psychiatric Unit after her third hospitalization in the
Psychiatric Unit since 2002.
5. Upon information and belief, in December 2003, the decedent was physically and
mentally infirmed.
6. In April 2003 the decedent was examined by J. Craig Jurgenson, M.D.-
Neurology, who determined that decedent was suffering from degenerative brain disease which
had already resulted in the deterioration of her mental, movement and motor functioning. She
was diagnosed as being demented and having already suffered deterioration in cognitive and
intellectual functioning which would continue to worsen.
7. As a result of the decedent's mental and physical infirmities as aforesaid and the
medications prescribed for same, the decedent suffered from a weakened mental intellect.
8. Upon information and belief, respondent, Thomas E. Coolidge assumed total
control over the management of decedent's financial and personal affairs at some point in late
2002, or early in 2003.
9. Upon information and belief, from at least January 2003 until decedent's death,
respondent Thomas E. Coolidge, either alone or in concert with respondent Phillip W. Coolidge
controlled decedent's financial and personal affairs and excluded petitioner from all information
concerning decedent's financial and personal decisions. The foregoing is evidenced by a letter
dated September 23, 2003 and a letter dated October 7, 2003. (See letters attached hereto as
Exhibit "B").
10. The decedent trusted, depended and relied upon respondents to handle her
financial and personal affairs from on or about January, 2003.
11. Upon information and belief, respondents retained Robert M. Frey, Esquire as
scrivener of the December 8, 2003 Will, and to draft a Power of Attorney dated December 20,
2002.
12. Upon information and belief, the decedent met with her attorney, Robert M. Frey,
Esquire, at the request of either or both respondents for the purpose of rewriting her previous
Will, the exact dte of which is currently unknown.
13. Upon information and belief, there was frequent contact between respondents and
decedent at all times relevant hereto.
14. Respondent Thomas E. Coolidge was decedent's Attorney in Fact under a Power
of Attorney executed by the decedent on December 20, 2002.
15. By reason of the foregoing, respondent Thomas E. Coolidge was in a confidential
relationship with the decedent.
16. The December 8, 2003 Will gave a substantially greater benefit to sons,
respondents, and completely removed the daughter, petitioner, from any inheritance from the
estate despite the decedent's often stated intent that her children receive equal shares.
17. The decedent's prior Will gave the decedent's estate in substantially equal shares
to each of her children, including petitioner.
LACK OF TESTAMENTARY CAPACITY
18. The petitioner incorporates herein by reference Paragraphs 1 through 17 of this
Petition as if set out in full.
19. The petitioner avers and expects to be able to prove that on December 8, 2003, the
date of the execution of the paper writing, the physical and mental condition of the decedent was
greatly impaired and that she was not a person of sound mind and capable of disposing by Will
of her estate in that:
a. Decedent was then suffering from a progressive neurodegenerative
disorder with neuropsychiatric symptoms which had already resulted in
psychiatric hospitalization on three (3) separate occasions in 2002 and
subsequently in her placement in the Green Ridge Village nursing facility.
b. Decedent was disoriented as to time, person and place.
c. Decedent suffered from the various neurodegenerative disorders cited
above, including the symptoms, side effects, and manifestations of anxiety,
behavior disorders, associated depression, obstinacy, impairment of memory,
impairment of intellectual function or comprehension, calculation, knowledge and
learning, judgment, hyper-suggestibility and perseveration.
20. Petitioner avers and expects to be able to prove that at the time of the execution of
said paper writing that the decedent had limited, or non-existent knowledge of her property
and/or natural objects of her bounty, and therefore, did not possess testamentary capacity.
UNDUE INFLUENCE
21. The petitioner incorporates herein by reference Paragraphs 1 through 20 of this
Petition as if set out in full.
22. The petitioner avers and expects to be able to prove that at the time of the
execution of said paper writing, when the physical and mental condition of the decedent was
greatly impaired by sickness and infirmity, the said writing was procured by undue influence
exerted upon the decedent by a person or persons occupying a position of confidential
relationship to the decedent in that:
a. The decedent's weakened intellect resulted from the same conditions and
causes and was exhibited by the same symptoms as described in Paragraph
and incorporated herein by reference as if repeated herein in full.
b. The undue influence was asserted upon the decedent by one or more of the
following persons acting severly or jointly consisting of the decedent's sons,
respondents, Thomas E. Coolidge and Philip Coolidge, each of whom occupied a
position of confidential relationship to the decedent.
c. The exploitation by the persons named above of the decedent's weakened
intellect and their position of confidential relationship is demonstrated by the
provisions of the Will dated December 8, 2003 (Exhibit "A") which purports to
give the decedent's estate entirely to respondents in contrast to the provisions of
her previous Will, date unknown, which gives decedent's estate equally to her
children.
23. The parties in interest, in addition to the petitioner, are:
a. Thomas E. Coolidge, son (Respondent), 265 Mooreland Avenue, Carlisle,
PA 17013;
b. Philip Coolidge, son (Respondent), 30 Arlington Street, Winchester, MA;
and
c. Glenda Farner-Strausbaugh, Register of Wills, Cumberland County
Courthouse, 1 Market Square, Carlisle, PA 17013.
WHEREFORE, petitioner respectfully requests that the court award a Citation directed to
all parties in interest to show cause as to why this appeal should not be sustained, and in addition
thereto, prays that this Honorable Court will direct that the questions concerning the decedent's
sound mind and the alleged undue influence be tried by jury in hearing to be scheduled at a later
date.
Respectfully submitted,
R. Mark Thomas, Esquire
ID# 41301
101 S. Market Street
Mechanicsburg, PA 17055
(717) 796-2100
VERIFICATION
I verify that the statements made in the foregoing document are true and correct to the best
of my knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. {}4904, relating to unsworn falsification to authorities.
LAST WILL AND TESTAMEN~e~?7'!~;d' :::~?(?:~,, of
OF
ELEANOR U. COOLIDGE
I, ELEANOR U. COOLIDGE, widow, formerly of 365 Walnut Street in the Borough of
Carlisle, and now of Green Ridge Village in West Pennsbor&;~O~wnship, both: of Cumberland
County, Pennsylvania, being of sound and disposing mind, menf;,~'amt;understanding, do hereby
make, publish and declare this as and for my Last Will and Testament, hereby revoking and making
void any and all Wills by me at any time heretofore made.
1. I direct my hereinafter named Executor or Executors to pay all of my just debts and
funeral expenses as soon after my death as may be found convenient to do so.
2. All of the furniture and household goods and furnishings of mine which were previously
located in my home at 365 Walnut Street in Carlisle, have either been given by me to the persons I
wish to have them or are being sold by my attorney-in-fact, Thomas E. Coolidge, at which all three
of my children are authorized to bid for the same in accordance with arrangements I have agreed to
with my attorney-in-fact.
3. All of the rest, residue and remainder of my estate, real, personal and mixed, and
.wheresoever the same may be situate, I give, devise, and bequeath to my hereinafter named Trustees,
in trust, to receive and to invest the same, with a view to selecting such investments which will tend
to preserve the purchasing power of the corpus consistent with prudent management and such that
the corpus as a whole will yield a reasonable annual income consistent with then prevailing
investment conditions, to be divided into two equal shares as follows:
a) One (1) share for the benefit of my son, Philip W. Coolidge, the
income from which shall be paid to him semi-annually until his oldest child
shall attain 18 years of age, at which time the Trust shall be divided into
equal shares for each of his then living children and the income from all of
such shares shall continue to be paid to him so long as he shall live, except
that from the principal of the share of any such child of his the Trustees or
surviving Trustee may expend from principal whatever amount or amounts
the Trustees or Trustee shall deem reasonable or desirable to be expended
for the proper education of such child of Philip W. Coolidge, provided the
then living parents of such child shall request and approve such distribution
from principal, and upon the death of my son, Philip W. Coolidge, the
Trust shall terminate and the amounts then held for the benefit of each of
his children shall be paid as follows: The income shall be paid semi-
annually to the person entitled to the principal thereof and one-third (1/3) of
the principal thereof as then constituted shall be paid to the income
beneficiary upon that beneficiary attaining 25 years of age, and upon that
beneficiary attaining 30 years of age one-half (1/2) of the corpus of that
beneficiary's share as then constituted shall be paid to that beneficiary, and
upon the beneficiary attaining 35 years of age the balance of the corpus of
that beneficiary's share shall be distributed but in the event any child of
Philip W. Coolidge for whom an allocation of principal has been made
should become deceased then the share to which such deceased child would
have been entitled to receive shall be immediately paid to or for the benefit
of the issue of that child, per stirpes, and if there be no such issue then to
the representative of the estate of that child for distribution in accordance
with that child's will, if any, otherwise to the person or persons entitled to
receive the same under the intestate law of the jurisdiction in which that
person was domiciled at the time of his or her death.
b) One (1) share for the benefit of my son, Thomas E. Coolidge, the
income from which shall be paid to him semi-annually until his oldest child
shall attain 18 years of age, at which time the Trust shall be divided into
equal shares for each of his then living children and the income from all of
such shares shall continue to be paid to him so long as he shall live, except
that from the principal of the share of any such child of his the Trust6'es or
surviving Trustee may expend from principal whatever amount or amounts
the Trustees or Trustee shall deem reasonable or desirable to be expended
for the proper education of such child of Thomas E. Coolidge, provided the
then living parents of such child shall request and approve such distribution
from principal, and upon the death of my son, Thomas E. Coolidge, the
Page 1 of 4 Pages
Trust shall terminate and the amounts then held for the benefit of each of
his children shall be paid as follows: The income shall be paid semi-
annually to the person entitled to the principal thereof and one-third (1/3) of
the principal thereof as then constituted shall be paid to the income
beneficiary upon that beneficiary attaining 25 years of age, and upon that
beneficiary attaining 30 years of age one-half (1/2) of the corpus of that
beneficiary's share as then constituted shall be paid to that beneficiary, and
upon the beneficiary attaining 35 years of age the balance of the corpus of
that beneficiary's share shall be distributed but in the event any child of
Thomas E. Coolidge for whom an allocation of principal has been made
should become deceased then the share to which such deceased child would
have been entitled to receive shall be immediately paid to or for the benefit
of the issue of that child, per stirpes, and if there be no such issue then to
the representative of the estate of that child for distribution in accordance
with that child's will, if any, otherwise to the person or persons entitled to
receive the same under the intestate law of the jurisdiction in which that
person was domiciled at the time of his or her death.
c) No provision has been made in this Will for my daughter Julia E. Stolz,
not because of any absence of motherly love by me for her, but because I
am satisfied that she has adequate resources to maintain a comfortable
standard of living by virtue of being a beneficiary of a trust created by her
father, and by the income earned by her husband and her.
d) No title in the trusts hereby created, or in the income accruing
therefrom, or in its accumulation, or in any share or shares thereof into
which it may from time to time be divided, shall vest in any beneficiary and
no beneficiary shall have the right or power to transfer, sign, anticipate, or
encumber his or her interest in said Trust, or the income therefrom, prior to
the actual distribution thereof by the Trustees or Trustee to such
beneficiary. Further, neither the income nor the principal of said Trust shall
be liable in any manner, in the possession of the Trustee, for the debts,
contracts, or engagements of any of the beneficiaries.
4. I direct my Executor or Executors to pay out of the property which would otherwise
become a part of the residuary trust, hereinabove established, all estate, inheritance, transfer and
succession taxes, including interest and penalties thereon, which may be lawfully assessed by
reason of my death. I hereby waive on behalf of my estate any right to recover any part of such
taxes, interest or penalties from any person, including any beneficiary of insurance on my life and
anyone who may have received from me or from my estate any property which is taxable as a part
of my estate.
5. In addition to the powers conferred by law, my Executor or Executors and my Trustees,
and their successors, are empowered:
a. To invest any part of the trust corpus in such securities, investments, or other
property as may be deemed advisable and proper, irrespective of whether the same are
authorized for the investment of trust funds under the laws of any governing jurisdiction.
b. With respect to any corporation, the stocks, bonds, or other securities of which
may be held, to vote in person or by proxy on any shat'es of stock; to consent to the merger,
consolidation or reorganization of such corporations; to consent to the leasing, mortgaging,
or sale of the property of any such corporationsi to make any surrender, exchange or
substitution of such stocks, bonds, or other securities as an incident to the merger,
consolidation or reorganization of such corporations; to pay all assessments, subscriptions
and. other sums of money which may be deemed wise and expedient for the protection and
mmntenance of the proportionate interest of the investment in such corporations; to exercise
any option or privilege which may be conferred upon the holders of such stocks, bonds, or
other securities of such corporations either for the conversion of the same into other
securities or for the purchase of additional securities, and to make any and all necessary
payments which may be required in connection therewith; and generally to have and
exercise as to all such stocks, bonds, and other securities, the powers of an individual owner
who is not under trust obligation.
c. To hold the trust corpus in one or more consolidated funds in which separate
shares shall have undivided interests.
Page 2 of 4 Pages
d. To sell at public or private sale for cash or upon credit, or partly for cash and
partly on credit, and upon such terms and conditions as shall be deemed proper, any part or
parts of the trust estate, and no purchaser at any such sale shall be bound to inquire into the
expediency or propriety of any such sale or to see to the application of the purchase money
arising therefrom.
e. To keep on hand and uninvested such moneys as may be deemed proper and for
such period as may be found expedient.
f. To compromise, settle, or arbitrate any claim or demand in favor of or against the
trust estate.
g. And authorized in the discharge of fiduciary duties, to employ counsel and to
determine and to pay such counsel reasonable compensation which shall be charged against
the principal or income of the trust fund, and shall further be entitled to charge against the
principal or income such other reasonable expenses and charges as may be necessary and
proper to incur for the proper discharge of fiduciary duties and for the proper management
and administration of the trust estate.
h. In making any division of property into shares for the purpose of any distribution
thereof directed by the provisions of the trust, to make such division or distribution, either in
cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and
in making any division or distribution in kind may allot any specific security or property or
any undivided interest therein to any one or more of such shares, and to that end may
appraise any or all of the property so to be allotted and the judgment as to the propriety of
such allotment and as to the relative value for purposes of distribution of the securities or
property so allotted shall be final and conclusive upon all persons interested in the trust or
in the division or distribution thereof.
i. Authorized to register any shares of stock or other assets of any trust in their own
names or in the name of a nominee.
j. To retain and invest in shares of stock of my Trustee.
k. To retain any investments including mutual funds which I may own at the time
of my death and in addition to invest any part of the Trust corpus in such mutual fund or
mutual funds as may be deemed advisable or proper, irrespective of whether the same are
authorized for the investment of trust funds under the laws of any governing jurisdiction.
1. To determine from time to time whether all or some portion of realized capital
gains shall be treated as ordinary income for distribution to a beneficiary or treated as
principal to be retained as part of the corpus, and such designation need not be consistent
from one year to another.
6. I hereby nominate, constitute and appoint my sons who are PHILIP W. COOLIDGE,
THOMAS E. COOLIDGE as Trustees of the Trusts hereinabove created, but should both of them
cease serving as Trustees, then I nominate, constitute and appoint Manufacturers and Traders Trust
Company and its successors, One West High Street, Carlisle, Pennsylvania 17013 as alternate or
successor Trustee, provided that it shall accept such appointment and agree that compensation for
its services shall not exceed one-half of one percent of the value of the corpus as its annual
compensation, and that it shall receive no other compensation for its services, otherwise the
successor Trustee instead of Manufacturers and Traders Trust Company shall be as nominated by
the Trustee or Trustees desiring to cease serving as such or by the beneficiaries of the Trust, in
either case with the approval of the Orphans' Court Division of the Cumberland County Court of
Common Pleas.
7. I hereby nominate, constitute and appoint my sons who are PHILIP W. COOLIDGE,
THOMAS E. COOLIDGE as Executors of this my Last Will and Testament, but should both of
them fail to qualify or cease serving as such, then in such event I nominate, constitute and appoint
Manufacturers and Traders Trust Company and its successors, One West High Street, Carlisle,
Pennsylvania, 17013 as alternate or successor Executor, I further direct that none of them shall be
required to post any bond to secure the faithful performance of his, her, or its duties in the
Commonwealth of Pennsylvania, or in any other jurisdiction.
Page 3 of 4 Pages
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this m Las Will and
Testament written on four (4)pages, this ~'~ day of d~ 2003.
(SEAL)
Eleanor U. Coolidge
Signed, sealed, published and declared by ELEANOR U. COOLIDGE, the Testatrix above-
named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request,
and in the presence of each other, have hereunto subscribed our names as attesting witnesses.
Page 4 of 4 Pages
Cl~omas cE. Coolld'_q~
265 2ffoore{'ani} Avenu~
Carlls£e, ~P-~ ~7o~3
~7-~9'5978
September 23, 2003
~s. Julia Coolidge-Stolz Mr. Philip Coolidge
c/o Jason P. Kutulakis 30 Arlington St.
Abom& Kutulakis LLP Winchester, MA 01890
8 S. Hanover St.
Carlisle, PA 17013
Dear Julia and Phil:
I want to keep you each up to date on a couple of new developments regarding my activity as
mom's power of attorney .in progressing her wish to sell her home and distribute her remaining
personal property.
Cumberland County's 2000 market value appraisal of mom's 365 Walnut St. house and land is
$164,440. Earlier this year I had Larry E. Foote, a Certified General Appraiser at Diversified
Appraisal Services, conduct an independent appraisal. Mr. Foote's sales approach final value
conclusion is $176,000. Separately, I asked Mr. Bill Bassett of Wolfe & Shearer Realtors at
what price he would list mom's home if he were to list it. After review, Mr. Bassett suggested a
listing in the $186,000 to $189,000 range. Against this background, and after discussing things
with mom, I am pleased to say Will and Patty Gabig are in a private sale buying the home for
$192,000. This amount is subject to normal settlement adjustments and fees, but is not subject to
any realtor commission.
Mom's direction on distribution of her personal property remaining in the house is that such
remaining personal property be given to the person or persons to whom she has provided they
pass to in accordance with her Last Will and Testament, with the balance being auctioned.
Mom's Last Will and Testament includes two gifts and bequests, including:
"(a) To my daughter Julia E. Stolz, my two lamps with leaded glass shades, one
of which has been on the desk of my late husband and the other in the foyer of my
house.
The items at (a) and (b) now are ready to be sent. I am happy to get any items that can be hand
carried to any Carlisle-area commercial shipper of your choosing. For any item that cannot be
hand carried, I am happy to arrange with the shipper of your choosing a mutually agreeable time
to be at the house for them to pick the item up. I look to each of you to choose your preferred
shipper and to give that shipper whatever packing and other instructions you wish. I need to
know your choice by Friday, October 10, so I can arrange to have these items out of the house by
Friday, October 17. Mom will pay the cost of commercial shipment.
Rowe's Auction Service, which as you know is the auction service used previously by mom and
dad, will be publicly auctioning the balance of mom's personal property. ! am advising Rowe's
that each of us must have advance notice of at least three weeks time before the auction date.
Mom has agreed that each of us may bid, along with any other member of the public, on any
item we wish to purchase. Mom, as a gift, will on the day of the auction pay for the cost of up to
$10,000 of purchases by each of us. At the end of the auction, assuming at least one of us
purchases an item or more, the other two with a lower monetary total of or no purchases than the
one of us with the highest monetary total will be gifted promptly after the auction a cash amount
to equalize things among all three of us. Each of us will be responsible for paying any purchase
amount we individually incur in excess of$10,O00.
l welcome any questions you may have on any of these arrangements.
All the best,
pc: Robert M. Frey, Frey & Ti ley, 5 S. Hanover St., Carlisle, PA 17013, Fax 243-6441
James D. Flower, Jr., Saidis, Shuff, Flower & Lindsay, 26 W. High St.,
Carlisle, PA 17013, Fax 243-6486
~/~9/2003, 04:~! 7172493~44 A]~)N~~S '~ , PAGE 02
October 7, 2003
Mr. Jason Kutulakis
Aborn & Kutulakis
36 S. Hanover St.
Carlisle, PA I7013
Dear Mr. Kutulakis:
I am asking Mr. James Flower, Jr., ("Jim Flower") who as you know represents my brother,
Philip, and me, to forward to you thia letter wh/ch I write in response to your letter to me dated
S~mmber 30, 2003 ('"Sepmmb~r 30~').
First, let me acknowledge that I understand, from a recent conversation Jim Flower had with one
of your associntea, thnt Julia has mtpmssed a concern about whelher my mother still has the
capacity to make decisions for hem~f. As my sister may have told you, my mother experienced
unsw, adiness in her walking in a Green Ridge Village hallway on her way to dinner on February
4, 2003. This prompted a series of doctor visits and tests. February 4, 2003 is an important date
as it marks the separation of the time before the event when no one inside or outside of the
family expre~ to me, or to the best of my knowledge anyone else, any concerns about my
mother's mental abilit/es, and the time after the event when changes in my mother's health,
particularly in the period immediately after the event, gav~ heightmed and tmderstandable
no g~t ~at she rmgt~t have naa a stroke, ~ey dM reveal that she has degenerative brain disease.
This has been broadly shared with family, including Julia, as well as my mother's caregivers and
advisors. Regrettably none of my mothers former nciglg:n~rs and friencls visits her orca. I have
spoken with a number who did visit her aft~ the event when mother was not herself. While we
now understand my mother's phys/cal abilities will remain diminished, ! am pleased to say that
her mental abilities have rebounded nicely from tho more difficult wee. ks just after the event, and
now on many more days than not she is alert and her thinking is sounck Indeed, I understand
from the professionals at Green R/dge Village that they now note my mother doing such things
as watching the stock mark~ news on CNBC and otherwise engaging with them in ways
consistent in their context with sotmd abilities. An6, I am comforted by knowing that she
remains in the care cfa legal advisor and family physician that have known her for many yr. ars.
Neither of these professionals at any point in time has expressed to me any conccrn about the
soundness of my mothcr's mind. Indeed, to the contrary, both, even in the/r most rt~em
interactiotks, have expressed confidence that my mother possesses the capacity to make the
decisions she is making. I w/H continue to rely upon their expert advice as primary guidance.
2
1~/0972883 '04:11 ?17249~344 ABON K'LmJLAKIS ' 'PAGE 03
We continue to pay great attention to my mother's physical and mental health, with a focused
eye on making sure that at the time she makes any decim~ she is competent to do so. In any
case, neither my mother nor I made any decisions on other than routine matters during ho' post-
While my mother does not have a need at this stage in life to make many decisions, please know
that she is as a rule continuing to make her own, as she wishes, either alone or in consultation
with those she chooses. The decisions to sell the 365 Walnut Street house and land, and to
dtsm~oute tho personal propmy remaining in that house that she wishes to dispose of at this point
in time, weremade by mymother, notbynm. I-~t rae ~nphasizethe~decisions were made by
mother in the autumn of 2002, not recently. She has been consistently committed to seeing these
decisions through since she made them.
It is my custom, in my role as my mother's Powm' of Attorney, to run communications that I
send on behalf of my mother past her twice before sending them to make sure I am properly
~c~, 'rig her wishes. That was the case with my letter dated Sc~. t~mber 23, 2003 ("September
23 '), to my brother and sister. Similarly, I keep my mother informed ofcornmunications I
receive regarding her affairs. I now have reviewed word-by-word with my mother your letter to
me dated September 30m, and have renewed with her, and my brother, this reply.
Your letter of September 30~h requests that ! provide you with fiv~ things.
The Power of Attorney is a document I feel free to shave myself. The sales agreement with the
Gabigs for 365 Walnut Street I consider a document ff~at prior to filing should be distributed only
in accordance with my mother's wishes. I have discussed this with her and, inasmuch az both
the Power of Attorney and the sales agreement in time will be public documents, we arc happy as
a courtesy to provide you with these now in advance. I w/Il ask Robot M. Frey or Robert G.
Frey; who rclcwcsent my mother, to forward a copy of each of these documents to you.
Your next two requests seek information my moth~ considers private, and which she wants you
to know she already has shared as broadly as she wishes. Moreover, my mother wants all to
know that she intends for so long as she is able to continue to decide for herself to whom anti to
what extent she wishes to share personal information. I will continue to honor her wish that the
privacy of her persona] afthirs be respected for so long as that remains her wish. As I reviewed
with my mother thc draft of what resulted in my September 23'a letter, she felt it appropriate to
volunteer the con¢!.us, ion of the Appraisal Repo~by Larry E. Footg that I had had conducted on
her behalf. You w~ll recall in my September 23 letter I say, ".Earlier this year I had' Larry E.
Foot¢, a Certified Gco-neral Appraiser at Diversified Appraisal Services, conduct an indcpend¢~nt
appraisal. Mr. Footc's sales api~'oach final value conclusion is $176,000." Wc confirm the
accuracy and truthfulness of those statements. My mother considers your fourth, request, for "a
complete accounting of all the personal property contained in the estate, including but not limited
to, the personal property remaining in your mother's home"., to be presumptuous. My mother is
very much alive, and expressers surprise at your usc of the term "estate" and the suggestion that
an accounting of her personal property or other affairs at this point in Omc is duc anyone.
3
~0/0~/2003~ 04:11 7172493344 AI~KI~IS - PAGE 84
With respect to your fifth request, regarding the date of the auction, Rowe's Auction Service just
yesterday advised me the auction is now set for Thursday, Novembex 13t~ and Friday, November
14t~. The plan as I understand it from Ben Rowe's voice mail is for the modern merchandise to
be auctioned on the Thursday evening, and for the antiques and colleetibles to be auctioned
during the day on Friday.
I now understand from Jim Flowet~s checking with you that the references in yom' letter of
September 30th to the "19th century grandfather clock" ahould in.stead be to the "banjo dock". I
cannot speak to my father's intentions on this issue an& a~s my father is not alive, cannot check
with him about them. I do know that at one point my mother did, upon her death, inland for the
banjo clock to be among the personal property that passed to my sister: In the pcn-iod following
my father's death and prior to her naming me as her Power of Attorney, however, my mother
made a number of personal property deeisions. Among these, which included her gi~ng to my
sister additional personal property of eorrmaercial and semimental value, wa~ a change of her
mind to gffi to me the banio clock. This change of mind is a decision made by my mofl~er and
after the fa~ eonfirm~ by her personally to her attorney, Robert M. Fray. 1 can appreciate that
the banjo clock holds sentimental value to my sister, as it does to mc and other family members
-as well. For this reason, and despite the fact that I f'md deplorable my sister's uncjvi! behavior
with me and with Mr. Fray with respect to this issue, I have expressed to Jim Flower a
willingness on my part to join in exploring the possibility of'an agreement by which the banjo
clock may pass from me to my sister. Jim is aware of my views on this possibility, and I have
asked him to discuss this possibility with you. I am hopeful a resolution of this difficult issue
can be achieved for the benefit of all, so that an already tmformnate situation can be prevented
from deteriorating further.
Sincerely.
pc: Robert M. Fray, Fray & Tiley, $ S. Hanover St., Carlisle, PA 17013, Fax 243-6441
James D. Flower, Jr., Saidis, Shuff, Flower & Lindsay, 26 W. High St..
Carlisle. PA 17013, Fax 243-6486
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