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HomeMy WebLinkAbout08-24-04 1 INDEX TO WITNESSES 2 FOR PETITIONER DIRECT CROSS REDIRECT RECROSS 3 Robert H. Frey, Esq. 4 6 12 13 4 Julia Elizabeth Coolidge-Stolz 14 36 .... 5 Helen Charles Kollas 41 47 .... 6 7 FOR RESPONDENTS DIRECT CROSS REDIRECT RECROSS 8 Robert M. Frey, Esq. 49 52 .... (Recalled) 9 Renee Kreamer 53 66 .... 10 Thomas D. Coolidge 72 83 91 - 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 March 29, 2004 2 2:31 p.m. 3 THE COURT: 'Phis is the time and place for a 4 hearing on the continuation, modification or termination of an 5 ex parte preliminary injunction issued en Hatch 24, 2004, in 6 the matter of Eleaneur U. Coolidge at No. 21-03-936. We will 7 let the record indicate that R. Mark Thomas, Esquire, counsel 8 for Petitioner, Julia Coolidge Stelz, is present with his 9 client; as is James G. Flower, Jr., Esquire, counsel for Thomas 10 E. Coolidge and Philip Coo].idge, Respondents. 11 Mr. Thomas has filed a petition to allow expert 12 testimony by telephone. The Court has met in chambers with 13 counsel and understands that Mr. Flower objects te that 14 req~est, and that neither counsel is aware of any authority 15 expressly authorizing the Court to receive testimony by 16 telephone over the objection of the other party. Is that 17 correct? 18 MR. FLOWER: That is correct, Yon~ Honor. 19 MR. THOMAS: Yes, Your Honer. 20 THE COURT: Ail right. Given that fact, the 21 petition to allow expert testimony by telephone wi]] be denied. 22 Mr. Thomas. 23 MR. THOMAS: We are ready, Your Honor. I would 24 call Mr. Robert Frey te the witness stand. 25 THE COURT: Ail right. 1 ROBERT M. FREY, ESQUIRE, 2 having been duly sworn, testified as follows: 3 DIRECT EXAMINATION 4 BY MR. THOMAS: Q Mr. Frey, are you an attorney practicing in the 6 borough of Carlisle? 7 A Yes, siN. 8 THE COURT: Hay I have yeur full name, please, and 9 yeur place ef business. 10 A Rebert H., as in Hark, Frey, 5 South Hanover 11 Street, Carlisle. 12 THE COURT: Thank yeu. 13 BY HR. TtiOHAS: 14 Q Mr. Frey, how long have yeu practiced in Carlisle? 15 A About 49 years. 16 Q During that time did you have occasien to represent 17 Eleanour Ceolidge? ]8 A Yes. 19 Q Did yeu alse represent her husband befere he passed 20 away') 21 A I w~ote his will, yes. 22 Q You quite recently wrete a will fer Eleanour 23 Ceolidge, is that correct? 24 A About four menths ago. 25 Q December 2003? 1 A I den~t think so, I think it was November ef 2003. 2 Q Okay. You probated that will this morning? 3 A Correct. 4 Q Eleanour Coolidge had a will Jn place that you had 5 prepared prior to you preparing this new will in either 6 November er ©ecember, is that correct? 7 A I am not sure what you mean by in place, but I made 8 a couple of w~]ls for Mrs. Coolidge. The one in November was 9 not the only one nor was it the second one. 10 Q Prior to November 2003, when was the most recent 11 will prior to that date? 12 A I am not certain, but perhaps four oF five months 13 earlier. 14 Q While Mr. Coolidge was alive, didn't Mr. and Mrs. 15 Coolidge have a fairly comprehensive plan that ultimately their 16 estate would be divided in three substantially equal shares 17 between the children? ~8 A I don't think that is an accurate characterization 19 ef it. 20 Q Well, in any other wills prior to November 2003, 21 did either of them specifically disinherit Elizabeth Coolidge? 22 A Not to my knowledge. 23 Q However, the will dated and probated with the Court 24 today does specifically disinherit Elizabeth Coolidge from the 25 estate, does it not? 5 1 A From the estate of Eleanour Coolidge, yes. 2 Q That is the only will we are talking about, isn't_ 3 it? 4 A Well, she is a beneficiary under her father's will 5 of which her mother was aware. 6 THE COURT: When you say she is a beneficiary, whom 7 de you mean? 8 A Mrs. Stolz. 9 BY HR. THOMAS: 10 Q Her two brothers are also beneficiaries under the 11 trust or wii1 ef her father's estate, is that correct? 12 A Correct. ]3 Q So she is not treated any differently in her 14 father's estate than either of her two brothers, who a~e both 15 present here today, is she? ]6 A I think that is correct, but I would have te FevJ. ew 17 those documents to make sure. 18 Q Would you concur with me that, in fact, she is 19 disinherited under the will that you probated this morning? 20 A Yes. 21 HR. THOHAS: No f~rther questions, Your Honer. 22 THE COURT: Mr. Flower. 23 24 CROSS EXAHINATION 25 1 8Y HR. FLOWER: 2 Q Hr. Frey, whe centacked you to make arrangements to 3 have a new wi|l done in around November of last year? 4 A I am not absolutely certaiN. It might have been 5 Hrs. Kramer or Jt might have been Philip Coolidge. 6 THE COURT: Can you say for the record who those 7 people are? 8 A Mrs. Kramer is on the staff at Green Ridge Village, 9 and Philip Coolidge is ene ef two sens of Hrs. Coolidge. 10 THE COURT: Thank yeu. 11 BY HR. FLOWER: 12 Q In any event, you were given the tJnderstanding that 13 Hrs. Coelidge wanted te talk te you, is that right? 14 A Cerrect. 15 Q Did you, in fact, talk to her abeut her intentions? 16 A I did. 1! Q Did she tell yeu why she wanted to make a change in 18 her will? 19 A Hrs. Ceolidge was net given to making disparaging 20 or disagreeable remarks about a persen; but she indicated that 21 she did want to make a change, that she did want Hrs. Stolz not 22 to be included in the will, and she indicated that her 23 relationship with Hrs. Stelz had been difficult for a leng 24 time. 25 THE COURT: Where did yen meet with Eleanenr U. 1 Coolidge in November of 2003? 2 A When I was requested to meet with her, I went to 3 her room in Green Ridge Village. I had a very 4 agreeable meetiig with her. She is not just a client, Yo~r 5 Honor, we were life long friends. In fact, I am a third 6 cousin. But we started in kindergarten, the first g~ade, and 7 went through public schools in Carlisle, and then through 8 Dickinson College, all in the same elasses, se it has been a 9 life-long friendship with Eleanour. 10 THE COURT: That village is a nursing home I take 11 it? 12 A Green Ridge Village up at Newville, it is a 13 Presbyterian nursing home where she was a resident for a numbe~ 14 of months. 15 THE COURT: Tha{~ is in Cumberland Cennty, 16 Pennsylvania? 17 A Correct. ]8 THE COURT: Ail Fight. ]9 A Dickinson, West Pennsbore Township, Your Honor. 20 THE COURT: Okay. 2] BY HR. FLOWER: 22 Q Was there any particular event which tended to 23 cause her te change her mind about including her dat~ghter in 24 her estate? 25 A She didn't say what the event was. 1 MR. THOMAS: Well, object~on then to any further 2 answer. 3 THE COURT: Ail right. 4 MR. FLOWER: Ail Fight, I will withdraw the 5 question. 6 BY MR. FLOWER: 7 Q In your conversation with her, did you form an 8 opinion as te her competency to make a will? 9 A Yes. 10 Q What was your opinion? 11 A I had no doubt that she knew exactly what she was 12 doing and made that clear te me. 13 Q Would you tell us what you did to ascertain her 14 state of mind? 15 A At that first meeting I simply had a conversation. 16 As is my practice, when a person disinherits or treats a child 17 significantly differently than other children, I d~dn't act on 18 it promptly, just kn case the person might have been acting in 19 anger or something of that sort. My experience has been that 20 that has occurred with others. So I deliberately waited a 21 number of days before returning te Green Ridge Village to have 22 the last will executed. 23 And anticipating from recent experience that there 24 might be questions raised about Mrs. Coolidge's competency, £ 25 took the precaution of having a psychiatrist witness the will. 1 And on the occasien of having it executed, I deliberatel, y did 2 not see Hrs. Coolidge until after I met with the physician by 3 prearrangement in the Lebby and then the two ef us teget~er 4 went to her zoom, because I didn't want any suggestions t~a~ 5 had in any way discussed the situation of the business of that 6 day with her alone. We went together to the reom and the } physician performed a number of tests with Mrs. Coolidge to 8 satisfy himself -- 9 MR. THOMAS: I am going to object to what the 10 dector told him. 11 MR. FLOWER: He is not testifying as te what the 12 doctor teld him, he is testifying as te what he saw, what he 13 heard the doctor do fer the doctor to have in his ewn piece of 14 mind assessing her cempetence. 15 MR. THOMAS: That is ebjectionable hearsay, Yo~r 16 Honor. ]7 A It is not hearsay, ~ was the~e. ]8 TH~i COURT: You may say what transpired but not 19 what the docter felt er believed. 20 A The doctor performed a numbe[ of tests with the 21 intention of satisfying himself that she was mentally cempetent 22 to execute the will, and at the cench~sJon of these tests 23 THE COURT: I think here we are geing to get a 24 hearsay objectien so I will sustain it, I will j~st hear that 25 much of your answer. 10 1 A Well, he d.id witness the will, Your Honor. 2 THE COURT: I understand. When you met with Hrs. 3 Coolidge, I gather you met twice, once you spoke with her about 4 the change she wanted and then you came back to the home and 5 the will was executed at that time? 6 A That is coruect, except that I met with her more 7 than two t{mes because of problems that had arisen there at the 8 home and I was asked to visit her there and I did, but it 9 didn't have anything to do with the will, it had to do with - 10 HR. THOMAS: I am going to object if it doesn't 11 have anything to do with the will. 12 THE COURT: Ail right, but se far as the will goes, 13 you met with her twice, once to talk about what she wanted and 14 then to have it executed? ~5 A Correct. 16 THE COURT: Were you alone with her, other than 17 when the psychiatrist witnessed the signing? 18 A I wasn't a£one then, the psychiatrist and [ were 19 there. 20 THE COURT: Yes, ether than that. 21 A The prior visit I was alone with her. 22 THE COURT: Ali right. When the wfill was signed, 23 who was with you, anybody besides the psychiatrists? 24 A No. 25 THE COURT: AIl right, Mr. Flower. 11 1 BY HR. FLOWER: 2 Q Can you tell us to the best of your recollection 3 how much time you and the psychiatrist spent with Hrs. Coolidge 4 when she signed the wi]]? 5 A Probably 15 to 20 minutes. 6 Q Did you have occasion to speak to Mrs. Coolidge '1 after she signed the will and before her death'? 8 A I don't believe se. 9 MR. FLOWER: No further questions, Your Honer. 10 THE COURT: Ail right. Mr. Thomas. 11 12 REDIRECT EXAHINATION 13 BY HR. THOMAS: 14 Q Hr. Frey, who was it suggested ~o you that you 15 employ services efa psychiatrist with regard to the execution 16 of Eleanour Coolidge's last will? ]7 A No person, it was my idea. After a~l the events 18 that preceded that made me more cautious than I might otherwise 19 have been, because Mrs. Stelz had alleged incompetency and 20 proceedings were held earlier in regard to that allegation of 21 incompetency and it was not 'inconceivable to me that they might 22 be raised again. 23 Q The mere fact that she was totally disinherited 24 didn't give you cause for concern that that migh~ be why she 25 would challenge it, challenge the validity of the will? 12 1 A I have no way of knowing what Mrs. Stolz might have 2 been motivated by. 3 Q I am sure you don't. No further questions. 4 THE COURT: Hr. Flower. 5 6 RECROSS-EXAHINATION 7 BY HR. FLOWER: 8 Q Mu. Frey, you had appeared at the time of the last 9 hearing challenging competency? 10 A Yes, I think that was in early November. 11 Q Right. Was Mrs. Coolidge's contact to you and her 12 desire expressed to you ~o change the will before or after tha{ 13 hearing? 14 A After that hearing. 15 MR. FLOWER: Nothing further. 16 THE COURT: Mr. Flower. 17 HR. FLOWER: No redirect. 18 THE COURT: All right, you may step down, thank ]9 you. Hay Mr. Frey be excused? 20 HR. THOHAS: Ne objection, Your Honer. 2] HR. FLOWER: Ne objection, Your Honor. 22 THE COURT: You may stay or leave as you choose, 23 thank you. 24 HR. THOHAS: Your Honor, I weuid call Julia 25 Elizabeth Coe]idge-Stolz. 13 JULIA ELIZABETH COOLIDGE-STOLZ, having been duly sworn, testified as follows: 3 DII~ECT EXAMINATION 4 BY MR. THOMAS: 5 Q Would you state your full name and the way you 6 spell it? 7 A Sure. Julia, first name; Elizabeth, middle name; 8 Coo]idge-Stolz, and a hyphen ~n the last name. 9 Q Where do you live? 10 A 2 Gillis Drive, North Reading, Massachusetts. Q How long have you lived there? 12 A We moved there in July of 1993. 13 Q When you say we, who do you include as we? 14 A When we meved there, it was my husband and I. 15 There are now three ef us, we have a son. 16 Q How old is your son? 17 A tie turned nine on Hatch 18 ef this year. 18 Q Are yeu employed? 19 A Self-employed. 20 Q What kind of work de yeu do? 21 A I work as a medical wFiter and editer. 22 Q What Ls yeur educational backgreund? 23 A I have a bachelor's degree from Bryn Hawr College 24 in Biolegy, and I have an HD from the Penn State University ef 25 Coklege of Hedicine at Hershey. 14 1 Q Do you remembe~ when yenr father died? 2 A Yes. 3 Q When would that have been? 4 A He died on Saturday, July 14, 2001. 5 Q Prier to your father's death, did yeu have any 6 conversations with either yOUF father or your mother with 7 regard to a cemprehensive estate plan that they had prepared? 8 A Yes, there were a set{es ef phene calls, my mether 9 did most ef the tailing. 10 Q Unde[ that cemprehensive estate plan - 11 HR. FLOWER: I object te the relevance. What is 12 relevant is whether she was cempetent at the time she signed 13 Pier most recent will, not what she was planning years ago. 14 THE COURT: Hr. Thomas. 15 HR. THOHAS: Your Henor, the fact that the entire 16 distributien plan was changed within the last 3 months and this 17 party was excluded f~om the distribution plan; and the 18 allegations of the complaint are that Thomas Coolidge Nas 19 abused his power of attorney and that he has coerced Mrs. 20 Coolidge into changing her wi hl, I think the prior 21 comprehensive plan of distribution is relevant. 22 THE COURT: By the complaint, what are you 23 referring te when yeu say the gist ef the complaint? 24 HR. THOMAS: The gist of the petitien is the 25 reasons for the request for an a~topsy. 15 1 THE COURT: All right. Mr'. Flower. 2 MR. FLOWER: I think that the mode of competence 3 that is important is when she signed that w[ll. And people 4 change their minds over the years for' marly reasons, but that is 5 really history which ] don't think is relevant to this 6 proceeding. 7 THE COURT: Ail right. The objection is noted but 8 overru 1 ed. 9 BY MR. 'FHOMAS: 10 Q Se as it was explained to you by beth your mother ll and [ather, what was the comprehensive plan of distribution in 12 general terms with regard to their estate? 13 A Mother called it a living trust, and she said that 14 what it did was set up a conduit of assets from their 15 generation to ours. The reason {.hat it wasn't called a will is 16 because they were making some conu~itment and signing it that 17 was I guess considered less Fevekable er something than a will. ]8 Anyway, that was the intention. It was for tax purposes in 19 real terms. 20 Q [}id she say how it wot~ld t~]timately he div{ded? 21 A Yes, she said the surviving spouse would get 22 everything until they died, and then it would be evenly split 23 with whatever was left between the three ef us. 24 Q After your father died, did you maintain any 25 contact wLth your mother who resided here in Car] isle? 16 1 A More so than I had before he died. 2 Q What kind of contact did you maintain with her? 3 A Well, before he died I called once a week on 4 Sunday; after he died, particularly on weeks when she said she 5 was more depressed, I would call usually two times, 6 occasionakly three. 7 THE COURT: When did your father d~ie? 8 A July 14, 2001. 9 THE COURT: When did your mother die? 10 A March 24 ef this year, she just died. Il THE COURT: Thank you. 12 BY HR. THOHAS: 13 Q Following your father's death, you said that you 14 had telephoned your mother two or three times a week, hew long 15 would you talk to her during these conversations? ]6 A Sunday calls were probably about half an ho~ te an 17 hour; the weekly calls were less because she associated weekday 18 calls with a higher expense. Se she would got nervet~s with 19 wanting te cut them short, because I pay the phone bilk, she 20 didn't. 21 © Hew did you get along with your mother when you had 22 those conversations with her? 23 A They weze wonderful. 24 Q How would you describe your relationship with yo~r 25 mother for say the first 6 te 12 months ffollewinq your fathen's 17 1 death? 2 A Essentially, with everything, that I had hoped that 3 I would have an adequate relationship with a parent. I would 4 ask her how she felt and she would tell me. And it was a 5 degree of intimacy er reciprocality that was greater than there 6 had been before. 7 THE COURT: Where was she living after your father 8 died? 9 A She continued to live at the home that they had had i0 together on Walnut Street in Carlisle. 11 THE COURT: Okay. 12 BY HR. THOMAS: 13 Q Is there any particular reason why you were not 14 physically coming down and visiting your mother from 15 Massachusetts? 16 A Well, I tried to come en the schedule that I had 17 had before daddy died and that schedule was pretty much 18 dictated by when there were school vacations. Because my son 19 ,s in a private special placement and they expect you, because 20 of the expense and intensity ef these programs, te have your 21 kids there when they are in session and so you schedule your 22 trips when they are net. 23 Q Your son has some pretty serious health issues, is 24 that correct? 25 A Yes, he does. 18 1 Q We are going to get into those later. 2 Following your father's death did there come a tim~ 3 when your mother was hospitalized? 4 A She was hospitalized a total of three times that Il 5 know ef after he died. There were three psychiatric 6 hospitalizations, she hadn't had any hospitalizations for any 7 reason in the recent past before he had died. 8 Q 'l'hese three psychiatric hespiitalizations that your 9 mother had, do you know when they occurred? 10 A The second and third were the summer or autumn of 11 2002. The first one could have been late in 2001 o~ early 12 2002, 1 am not sure. Actually, I was here for Christmas of 13 2001. I am not sure if that was be[ore er afteu. 14 Q Did they all occur whthin a 12 month period? 15 A Roughly, if yon give or take a month. 16 Q Why do you call them psychiatric admissions? 17 A Because she was admitted te the psychiatric unit, 18 not a general medical or surgical fleer. 19 Q What hospital was she admitted to? 20 A Ail three were at Chambersburg, although they 2] didn't call it Psych Unit, I think it is called Behavoria] 22 Hedicine; but they were all the same place. 23 Q How long were these hespitalizations er stays in 24 the hospital? 25 A £ would have guessed 3 to 5 days. None ef them 19 were real short and noue of them were long enongh that I was 2 worried that I ought te come down. 3 Q These hospitalizatiorls occurred du~ng the year of 4 2002. Did you come down to visit your mother at ali d~ring 5 that year? 6 A I don't knew if I get down in tNe spring. I did 7 get down in the summer p~obably duly er early August, I am riot 8 sure wh{ ch. 9 TH~ COSRT: Were these hospitalizations voluntary 10 hospi talizahiens? 11 A Yes, kn each case -- the Pirst case I think she 12 spoke to the internist and he told her to ge he the F,R in 13 Chambersburg. The second, I think she may have deckded horse] f 14 that she needed to go, bu~ they were all volur~tary. 15 THE COURT: Was that fo[ depression? 16 A The first one she had te]d me befo[e ~t occurred 17 that she thought she was decompensating and she was depressed 18 arid she couldn't sleep. By the time of the second and third, 19 she was having more difficulty thinking clearly and was on an 20 increased amount ef medication; a~d in retrospect probably had 21 ether issues but at the time I just know she wasn't do~ng well 22 on the medication regiment that she had. 23 THE COURT: What was the medication if yon know? 24 A Hether was on a number ef psychotropics, which are 25 medications you use for psychiatric or neurological disease, 2O most if not all the years I was growing np. At the time daddy 2 died, she was on an antidepressant and I think twe different 3 kinds of anti-anxiety medicatiens that she had been on, off and 4 on for years. One of the things I know or ene of the things she 6 told me they did during her first admissiee was get her off of 7 the stuff she had teen on in part because some of those medz 8 were barely made any more because there were newer' medications; 9 and the other thing was because the psychiatrist wanted te ]0 start hey ~rom scratch. i1 In the spring ef 2000 -- and I think he put her en 12 an anti. depressant something, but I am net sure. The major 13 addition in early 2002 was she started her on Zyprexa and she ]4 act~al]y did well en that. 15 THE COURT: On what? 16 A Zyprexa. 17 TIlE COURT: How do you spell that? 18 A The generic name is O]anzapine, but the brand name 20 TIlE COURT: No, yeu are throwing a let ef names at 21 the stenographer all of a sudden, just spell some of these 22 names. 23 A The brand name is Z-Y-P-R N-X-A, and that is an 24 antipsychetic. 25 THE COURT: Hr. Thomas. 21 1 HR. THOMAS: Thanks, Your Honor. 2 BY MR. THOMAS: 3 Q Did you have an occasion te visit your mother 4 during the time that she went to the hospital on these three 5 occasions during that time period? 6 A During the time -- yes, not while she was in the ? hospital but during the time period, yes. 8 Q WP~ere did you visit? 9 A At home. 10 Q When you visited her during the year 2002, how did ]1 you get along with her? 12 A Fine. 13 Q Were there any problems between you and your mother 14 with regard te your relationship? 15 A Ne, actually, she was happy. She had given me 16 daddy's personal papers and effects and she asked me questions 17 about what were in them. ~ took her grocery shopping and in 18 July ef 2002 she told me she wanted te make out her personal 19 bequests and would I take her down te Mr. FYey's office. 20 Q Did you take her to Mr. Frey's office? 21 A No, because she didn't tel I me she wanted to ge 22 until after lunch and I thought she could go down there any 23 time. B~:t she also wanted her grocery shopping done and I 24 opted ~o de that instead because then I could carry {he bags. 25 Q All right. After your mother's last, the third 22 1 hospitalization, did your mother return te live at home? 2 A No, she wenh directly from there to Green Ridge 3 Village. 4 Q How did you find out that she went to live at Green 5 Ridge Village in Newvil]e? 6 A Tom called and told me. 7 THE COURT: By Tom, you are talking about Thomas 8 Coolidge, your brother? 9 A My brother, yes. 10 BY HR. THOHAS: 11 Q Did you ever ge te vLsit your mother at Green Ridge 12 Village? 13 A Yes. ]4 Q The first time you went to visit her there, did yo~ 15 tell anyone that you were going to be visiting her? 16 A I e-mailed Tom in advance and told him. And I 1'7 cai ~ed the home and talked to the nurse manager who has already 18 been identified today as Hrs. Kreamer, and I te£d her. ]9 Q How did Hrs. Kreamer treat you wren you talked te 20 her en the cell phone? 21 A She was nice. I expla4ned, because mother was 22 confused, that I want her te know because she could sort o~ 23 preview it for her the day before and I thought that would help 24 ~hings qe better. 25 THE COURT: When did your mother move te the 23 1 nursing home? 2 A It was the Autumn er early Winter of 2002, and I 3 think October or November, but I am net ~enestly sure. 4 8Y HR. THOHAS: 5 © But she went directly theFe from Nor discharge from 6 the ChambersbuNg Hospital following her third hospitalization 8 A She was transferred directly, yes. 9 Q So whatever the date was she was discharged was the 10 same date she went to Green Ridge? 11 A It would have to be. 12 THE COURT: Did she ge to an assisted living 13 portion of the village er -- 14 A Yes, she did. 15 THE COURT: -- or f~kl nnrsing cafe or -- 16 A Ne, she was in the assisted living center. 17 THE COURT: Which means? ]8 A In a tier of intensity of care there are -- I am 19 not sure about Green Ridge, but in that kind ef comprehensive 20 care village there usually is a unit where essentially you live 21 independently but you happen te be en the grounds. 22 The next tier up is called Assisted Living. In 23 that case you usually have a furnished room or small su{te. 24 The nurse, ~or example, will come by and help make sl~ne you 25 take your medications on schedule and there may be limited 24 1 assistance with batNing or ether personal care; but the general 2 assumption is thaL yell are mentall} and physically competent to 3 take care of yourself. THE COUR'I': Hr. Thomas. 5 BY HR. THOHAS: 6 Q Prier te your first opportunity to ge visit your 7 mother, did you k~ave any conveR'sations on the telephone with 8 Thomas Coolidge? 9 A Yes. 10 Q Do you recall when that telephone conversation was 11 and who initiated the call? 12 A She called me and ih was the Saturday of the 13 Memorial Day weekend. 14 Q Of 2003? 15 A It would have been last year, yes, that wet~ld be 16 2003. ]7 Q Did your brother te]~ you why he was calling you? 18 A Yes. 19 Q What did he say? 20 A He said he was calling because we needed to talk, 21 that he had had a leek at mother's wil~ late the preceding fall 22 and had noticed that there were a number ef personal bequests, 23 that they were not even. That in particelar he was upset 24 because she Ieft me the banjo clock and he said he had always 25 wanted that and it was the only thing he ever really wanted, 25 1 but he really wanted that and he wanted me to give it te him. 2 Q Did you agree to give it to him at that time? 3 A Well, mother had -- I told him -- he made this call about 4 weeks after mother went to see the neurologist and he 5 certified her as having neure degenerative disease and 6 dementia. So what I told Tom is she see is demented but she is 7 net dead and I don't think that we need te make a decision 8 today and I would like to think about it. 9 And I also told him that I did not knew what 10 personal bequests mother had made, although the previous summer 11 she had talked to me about taking her down te make them, but I 12 said the clock was the only item about which I really did know 13 what was supposed to be done with it, because daddy had left it 14 to me and mother was honoring that request. 15 Q Now did he respond te that? 16 A He said he really wanted the clock and he always 17 wanted the clock and he wanted the clock and he hammered en 18 that until I eventually started to cry and told him no clock 19 was worth a relationship and he could have it and then he hung 20 up. 21 Q Did you ultimately end up calling him back later 22 that same evening? 23 A Actually, it was around lunch time, but, yeah, I 24 called him back. 25 Q Why did you call him back? 26 1 A Because when he called I was alone at hame and I 2 was crying. And my husband came in a little bit after the 3 phone call ended and he said, What in tNe world happened. I 4 told him about the phone call. And he said, Call him back and 5 tell him, your mother has dementia but she is not dead and you 6 don't have to make any preemptory decisions and that your 7 father did leave it to you. He, my husband, recommended tha~ 8 if it is going to be a bone of contention it is not worth it in 9 the family, tell him you will give it to him when you see him. 10 Q Did you call Tom? !1 A Yes, I did. 12 Q How did that conversation ge? 13 A I explained that I was calling back and I told him 14 tNat I had felt pressured that he wasn't leaving me tNe option 15 of saying I will think about it in the first call, and that I 16 was really upset because the clock had been the only tNing tNat 17 I cared enough to actually ask daddy for and daddy had given it 18 to me. 19 Q Hew did he respond to that? 20 A His tone changed and become sor~ ef flippant. And 21 he said, Well, you know, Julia, it doesn't really matter what 22 you tNink, because I have already taken care of it. I said, 23 What de you mean you have taken care of it? He said, I have 24 already taken care e~ it, I have evened things out. And I 25 said, Well, you can't just even things out, what are you 27 talking abol~t ? 2 Eventua]iy, he sakd, it had been legally taken car{ 3 of, and it was taken ca~e of. Then [ saCd, Well, we all have 4 to ge see a lawyer because you can't ii, st de things like that. 5 'Phen his voice rose and I could her Beth ye~i[ing ir 6 the background. And he said, Well, yen are going to do what 7 you aue going to de. I said, Tern, It isn't a matter ef what I 8 am going te do, it is a matter of what have you already done. 9 Arid then he oF I hung up first, I honestly don't know which 10 eno. 11 THE COURT: I think you mentioned so~lebedy named 12 Beth, and I have no idea -- 13 A That is Tom's wife who, obviously, was within 14 hearing distance of the phone. 15 THE COURT: Now, we aFe down to the last 20 min/lte~ ] 6 ef the first hokir of this and then I need te give Mr. Flower a 17 chance to cross-examine the witness. Do you have many more 18 questions, Hz. Thomas? 19 HR. THOHAS: Yes, i de, Your Honor, we are just ne~ 20 getting to the heart of the matter. 2I THE COURT: This was my conceNn that we were going 22 te run out of time. 23 HR. THOHAS: But eno ef his witnesses has already 24 been ~sed, se he has made ~Jp some time through the use of his 25 witness, Hr. Frey. 28 1 THE COURT: We!i, I don't~ know, you called Hr. 2 Frey, he didn't. I am just expressing my cencern that we are 3 geir~g te ~un eutef time. As I mentiened in chambers, we are 4 scheduling in June, Hay and June at this point. 5 HR. TIIOHAS: Yeur Honer, I don't want to be 6 disrespect ful, Your Honor, and ~ knew there are some things 7 that yeu want to make sure en the recerd; but if you would 8 allow me to examine my witness w~tho~t interrupting I might be 9 able te go threugh this ffairIy quickly. 10 THE COURT: Go ahead. 11 BY HR. TIIOHAS: 12 Q So you went to visi{ your mo~her 13 A Yes. 14 © - at Green Ridge Village? 15 A Yes. 16 Q Hew did the visit go without a let ef detail 17 because -- 18 A Yeah, I ~now. You need te give me a minute te ]9 thir~k of the answer. I walked ir~, she didn't recognize me, T 20 was surprised at hew frail she looked, and ] said, Hem, it is 21 Julia. Arid then she loeked happy and she said, Oh, you cut 22 your hair. I said, yes, actually, I have. 23 Q She recognized you but net at first? 24 A Not at first, but then after I said who I was. 25 Q Was this in June 2003 -- 29 1 A It was either the 30th or July 1st, I don't 2 remember which day. 3 Q ()rte month after the phone call with Tom? 4 A Yes. 5 Q How did your wisit go and how did it end that first 6 day? 7 A After a couple of minutes or less she sort ef got a 8 fixed expression and she said, menestreusly, No press charges, 9 no press charges, yonr father would he ashamed, no press 10 charges. 11 Q Did you knew what she was talking about? 12 A I had been told - 13 Q Did you know what she was talking about? 14 A Ne. 15 Q Okay, that is the answer to my question. Did you 16 continue to meet with your mother alter she made these strange 17 statements? 18 A Yes, I was there for about 3 mere hours. 19 Q Did you have lunch with her? 20 A She had already eaten but I had -- never mind, yes, 21 I had lunch there and she sat with me. 22 Q After you had lunch with her, did you enter into an 23 agreement or an understanding that yo~] would be back again the 24 next day to see her? 25 A Yes, I told her I would come in the morning and 3O 1 stay and eat lunch with her. 2 Q Did she indhcate to you whether or not you were 3 welcome to come back? 4 A Oh, she was happy about it. 5 Q So did you go back the next day? 6 A Yes, I did, in the morning. 7 Q Did you need someone to escort you back te your 8 mother's room? 9 A No, I knew the room number. ]0 Q When you walked into the Green Ridge Nursing Home 11 the very next day, walked down the hallway and turned into the 112 room where your mother was kept, what did you see? 13 A She was in the same easy chair that she had been in 14 the day before and Tom was standing over her and he was holding 15 a small cell phone or recorder and he was talking to her and 16 she was talking to him. 17 Q What de you mean he was holding a small cell phone 18 er recoFder, which was it? 19 A Actually I think it was a cell phone that had a 20 recorder capability; but they, obviously, were recording 21 semeth4 ng. 22 Q What did you say when you saw this? 23 A i said, You aFe a son of a bitch te ~er~ify your 24 own mother. 25 Q How did your mother respond? 3] 1 A She had already, while he was talking to her, been 2 picking at her afghan and looked upset. The~ after I said tha{ 3 to him and I tried te say it relatively quietly, she looked at 4 me and was really upset and she said, I said something about 5 you, it wasn't true, and I got you in a lot of trouble and I an 6 sorry. 7 Q F. ventually, did the nurses come in and take your 8 mother out to bathe ~ler? 9 A Yes. 10 Q ~}id you have a conversation with Tom in the ~oom ]1 while your mother was out being bathed? 12 A Yes. 13 Q What was that conversation? 1~ A I asked him what was going. And I said, Hew co~id 15 you actually do that te mother? And he said, Becanse ye~ told 16 me ye~ would see an attorney and sue me. I said what in the 17 wo~ld has happened. And he said, I have made a number ef ~egal 18 changes, most of them m~ne~, but ~ worked very carefully with 19 Rob Frey and you are not going to be able to overturn any of 20 them legally. 2] Q Was there any conversation about yo~ being a 22 security risk at the Green Ridge Nursing Home? 23 A Yes, mother eventually told me that - 24 Q Did Tern say anythinq to you during {he cenYersatien 25 with Tern? 32 1 A He said that he understood I was a threat te kidnap 2 my mother, that he had notified tNe appropriate authorities an{ 3 he would not allow me te be alone with her because ef that 4 threat. 5 Q Had you ever told your mother that you were going 6 to kidnap her? 7 A I never told her anything like that. 8 Q Did you ever say anything at all that your mother 9 could have misconstrued as you threatening te take your mother 10 out of the nursing home? 11 A Ne, actually the first day I was tNere she said sh6 12 wasn't sure where she was but did I think she was getting geed 13 care. And I give her an honest answer that she was at Green 14 Ridge and that, yeah, I thought she was gettl, ng good care. 15 Q What was this bit about you being a security risk 16 at the Green Ridge Nursing Home? 17 A Hether eventually told me that what she had told 18 the nurse was that she was afraid I was going te come and take 19 her away. But then she told me she wasn't sure why she said 20 that. And I told her she said something that she believed to 21 be true at the time and ~t didn't matter and she shouldn't 22 worry about. 23 Q Since that time had you had difficulty having any 24 access at all to your mohhen in terms of telephone calls er 25 being able te visit? 33 1 A Yes, by the kime she died I had been completely cut 2 off from mother. 3 Q Did you ever call and get Nurse Kreamer on the 4 phone to see how your mother was dokng? 5 A Yes. 6 Q What would Nurse Kreamer tel ] yeti? 7 A Well, when ~ left irt July she was very nice arid she 8 said she had visited mother before she went home the day I had 9 first visited arid that mother was looking forward to my coming 10 the next day. And she said, But I do have to tell you - 11 THE STENOGRAPHER: You are faster than me. If you 12 could go back te mother was looking forward to my coming. 13 A She said she had checked in with mother before she 14 left the day before and mother had been glad I was coming. And 15 then she we~t on to say, Bu{~ when I came in this morning, I 16 have to tell you, she was telling the nurses that she thought 17 you would come and take her away. And she said, I can't tell ]8 you how that happened. And before I left [ had sort of said 19 that because mother could no longer physically pick t~p the 20 phone and was mentally confused that I would sort of try and 2] touch base with her, and I did for awhile. 22 BY HR. TIIOHAS: 23 Q Did she [et you communicate with your mother? 24 A Initial ]y. 25 Q Then what happened? 34 i A When did things all fall apart? AfteF I visited 2 with mother -- 3 © Well, you don't have to tel [ me when, just tell us 4 if that continued that you were able te ce~tact your mother 5 whenever you wanted? 6 A The answer is no, not after October. 7 Q What would Nurse Kreamer tell you whe[~ you would 8 call after October? 9 A Actually, 1 didn't call her, I called the nuFse's 10 station. And they would either say, mother was not available 11 to take the call or they would say she doesn't want to speak 12 with you, you have to call your brother. 13 Q Was there one ether opportunity that yot~ had to ]~ visit with your mother at Green Ridge? 15 A I visited her on the Columbus Day weekend in I 6 October. 17 Q Was Helen Kollas with you when you met with her? 18 A Yes, the ffirst day, not the second. 19 Q [oid your mother say anything to you at that time 20 about how Tern would pressuFe her? 21 A Yes, she did. 22 Q What did she say? 23 A She said he will sit on hhe bed when he talks to me 24 and he pressures me and pressures mo and he pressures me and I 25 get all mixed tip. Then she asked rrle if I would arrange for her 35 1 to be able te go to home to Carlisle. And she said she wanted 2 he go ever hhere to Thernwald, and I said I would try and do 3 that for her. 4 Q If she lived in Thornwald the people, her friends, 5 like Helen Kollas, Virginia Sweitzer, people who are present 6 here in court today, they would be able to visit her, wouldn't 7 they? 8 A Yes, they would have been within five minutes 9 walking distance. 10 Q Because that she was taken out te Green Ridge away 11 from home, she didn't have any visikers from her friends, other 12 than rare visits from people who could drive, is that right? 13 A Right, and when the weather was all right, nobody 14 co/~ld get ont oN... 15 Q Did you have the impression that she was isolated 16 out at Green Ridge Nursing Home? ]7 A She told me that. She said, A]i I even see is Tom. 18 HR. THOHAS: No further questions. 19 %'HE COURT: Hr. Flower. 2O 21 CROSS-EXAMINATION 22 BY HR. FI,OWER: 23 Q Is it your testimony then that from the period ef 24 time say, for instance, after your father's death to yo/xx 25 mother's death, all of your conversations wi[h your mo{her were 36 amicable, there were no arguments, no disagreements? 2 A No, what he asked me was in the peN~od when my 3 mother was living at home and I said they were all fine then. 4 Do you want me to go on after that? 5 Q Yes. 6 A When she first went te Green Ridge she was confused 7 on the phone, but if you would remind her who you were and make 8 conveFsat~on, she was pretty good for awhile. 9 By probably somewhere early December because it was 10 when I was planning te come down for Christmas and the previous 11 Christmas we had celebrated at her house, she got fixated on 12 the fac~ of the phone that I wouldn't be able te find her ].3 because she wouldn't be at the house. 14 I said, Mother, Green Ridge Village has a street 15 address, I can get a map, I can find yen. The conversations 16 after that became more and more confused. 17 Q ~t you didn't have any disagreements with your 18 mother? ]9 A No, they were just confused. 20 Q You were gekting along perfect]y with her during 21 this time? 22 A Until the day I went in in July and she hit me 23 with, Ne press charges, there were ne problems with my mother. 24 Q Se there wouldn't have been any reason for her 25 tell anyone at the home, for instance, if she was having 37 1 diffficulty getting along with you? 2 A Not based on what she was telling me during that 3 time period. 4 Q O~Ter the years isn't it trne that you and your 5 mother have had a relationship that has been stormy at best? 6 A Hy mother had a relationship with everybody that 7 was stormy. And it was true when I was in college that there 8 was a period when we didn't get along well, however, even 9 during that period [ called home every week and I visited on 10 all major three-day weekends and at Christmas and stayed in 1] their home. So relative to a ]et. ef families, I know you 12 wouldn't cons [der that stormy. 13 Q You talked about hhe banjo clock and your 14 conversation with your brother. Isn't it true that_ shortly 15 before that you had asked for and received the /a~tily sliver 16 service? 17 A No, that is actually not true. My mother asked me 18 he take the family silver service, understanding it was hers, 19 for appraisal. And she gave it te me when f was there for 20 Christmas in 2001, and [ had it apprised by Skinner, which is a 21 major auction house. It was either late January er early 22 February ef the next year, 2002. 23 Hother was very disappointed because it was worth a 24 pittance of what she thought it was worth. And she said she 25 discussed it with Phil and Tern and they both felt that I should 38 just keep it because neither one ef them wanted it, it wasn't 2 worth very much. 3 On the other hand, ~ did net go ahead with putting 4 a sealant on it that would keep it from tarnishing, because I 5 thought eventually one of them might want it And if I would 6 have kept it, it would have been for decorative purposes and 7 not usefulness, se I didn't ge ahead with the sealant. 8 Q After your mother is in the nursing home, the only 9 visits that you had with her in the nursing home were the ones 10 you described te ~s, is that correct? 11 A I think se. 12 Q Your mother, to the best of your knowledge, was 13 never invo]~untari]y co~litted, is that correct? 14 A Not to my knowledge. 15 Q Did you have a conversat[on with Hr. Frey about a 16 codicil for the banjo clock? 17 A Yes, I did. 18 Q What was the substance of that conversation? ]9 A I called a number of mother's ~riends and neighbor~ 20 and asked them what their rece]]ections were over the course of 21 the weekend, but it was a holiday weekend. 22 Tuesday morning I called Mr. Frey's office, I asked 23 for Carol. Because when mother died -- she said that Hr. Frey 24 was rarely in the office and if she didn't see him it was 25 Carol she dealt with, who was his assistant. Se she had me 39 take her down and we spent a couple hours there figuring out 2 how t o transfer daddy's pension and stnff. And as we were 3 leaving Carol had said, ~ [ you ever have a problem, call me. 4 So I called her, and then she said, just a minute, b I will get the file. And she said, Oh, no, here is the fi~e, 6 it is dated I think she said July. And she staffed to read it 7 off, then said, Oh, wait a minute. Arid then she said, There is 8 a g{~t letter in here in I)ecembex that gives it to Tom, and 9 then there was the sound of shuffling paper. 10 And then Hr. Frey came on the phone and said, What 11 are you doing calling here. And I started ~o explain who I 12 was, and that I had an unpleasant then phone call that I didn't 13 entixe]y understand with my brother, and I was trying ke figure 14 out what was going on. And he said, Just because your mother 15 is ill. doesn't mean she can't make decisions. And then I said, 16 I said, She is really confL~sed and she has dementia, and that ]7 was not what we are talking about right now actually. 18 And then eventually I told him I was really 19 disappointed in him because he seemed more interested in Tom 20 than in her, and then he hung up. 21 HR. FLOWER: Ne [urther qxaestions at this time. 22 THE COURT: Hr. Thomas. 23 HR. THOHAS: No xedirect. 24 TH~ COURT: Ail right, you may step down, thank 25 you. Hr. Thomas. 4O 1 HR. THOMAS: I would call Helen Kollas to the 2 winness stand. 3 MR. FLOWI~iR: Offer ef proof? 4 HR. THOMAS: Your- Honor, this witness is going to 5 talk abe~t declarations made by E]eanour Coolidge regarding her 6 relatieP, ship with her son, Thomas E. Coolidge, and her re]at[on 7 with her daughter', Rlizabeth Coolidge, up until the time that 8 she was transferred to the Green Ridge Nursing Home. 9 THE COURT: Mr. Flower. 10 MR. FLOWER: I object on ~he basis ef relevance. 11 THE COURT: The objection is noted bl~t overruled. 12 1 3 HELEN CHARLES KOLLAS, 14 having been duly sworn, testified as follows: 1 5 DIRECT EXAMINATION 16 BY ~R. THOHAS: 17 Q Would you please state your full name? ]8 A Helen Char]es Kol]as. 19 Q How do you spell your last name? 20 A K O-L-L-A S. 21 Q Where do you live? 22 A 519 South Col ~ege Street, Carlisle. 23 Q How long have you lived in Carlisle? 24 A I was bo~_n in Carlisle, b~]t I had my home since 25 1998. But i have lived here basically all my life. 41 1 Q Do you know or did you know Eleanour Coolidge? 2 A I did, very well. 3 Q Bow did you know P~leanour Coolidge? 4 A Well, in{tial]y we all lived on Conway Street years 5 ago. I think i was a little tee young to remember her very 6 well. }~ut in the fall of 2001 Eleanour had been ill, I don't 7 know from pneumonia er what. But she had been ill and she 8 couldn't take care ef her cat, Willie, so I was called in by 9 Nancy Baker Agency to help take care o~ Willie, which that is 10 hew I really got te know Eleanour, through he~ cat. 11 Q That would be in the fall of 200~? 12 A Yes. 13 Q D{d you become friends with Eleanour? 14 A Yes, we d~d. 15 Q How often would you see Eleanour? 16 A Every day, two, three, four times a day. I was 17 always ove~ at the house. ~8 Q Did you ever sit down and have conversations with 19 Eleanour about her family? 20 A Yes. 21 Q Did she ever ma~e conunents about her relationship 22 with Elizabeth Coolidge? 23 A Yes. 24 MR. FLOWER: i would object to hearsay, Your Honer. 25 THE COURT: Mr. Thomas. 42 1 MR. THOMAS: Your Honor, one of the issues here 2 with regard to the disposition of the remains falls under 3 Section 305 of the Probates, Estates and Fiduciary's Code. 4 When you have two parties in the same class of people 5 authorized to make decisions, if they do not agree, the Court 6 has to make its decision based upon who had the closer 7 relationship with the decedent, and Helen Kollas is going to 8 testify as to the relationship between Elizabeth and her mother 9 and Thomas E. Coolidge. The declarations are declarations made 10 by the testator and they are admissible as te go to her state 11 of mind. 12 MR. FLOWER: That section does have the defense of 13 estrangement as a way to argue that one party er another should 14 not have the right to have an input into the disposition of 15 remains; but it is not, does net pertain to weighing who had 16 the closer relationship. In this case if you are going to 17 argue about that section, we have one party who is -- Mr. 18 Coolidge was given the power of attorney, and I am told that 19 Mr. Philip Coolidge and Mr. Tom Coolidge had been appointed 20 executors for Mrs. Coolidge. And in this case we have two of 21 the three children against the other child in terms ef this 22 kind of decision. I don't think that it is a matter of 23 weighing the relationship. I think it should be a matter of 24 considering what the majority of the children would like to de 25 in this case. 43 MR. TI!OMAS: The law does not say anything about 2 majority, ~t refers r_() each partLcular child. I1. says when you 3 have a di sagreement among two or more of the same cl ass, then 4 that is when tNis becomes an issue. 5 THE COURT: What is your offer of proof as to what 6 ~he answer will be? 7 HR. THOMAS: My offer ef proof is that she Js going 8 te testify that her mother had a lousy relationship with Thomas 9 Coolidge and she had a good relationship with N] izabeth 10 Coolidge. And that it was so bad that she expressed it and 11 stated it on numerous occasions. 12 THE COURT: Ali right. You may ask the question. 13 BY MR. THOMAS: 14 Q Wha~ were the statements that were made during your 15 friendship with Eleanour Coolidge conce~nkng her relationship 16 with her daughter Eleanour Coolidge -- 17 A Julia, with her daughter Julia. 18 Q Julia Elizabeth. 19 A Okay. She get along with Julia. She didn't have a 20 quarrel wlth Julia. She spoke to her, ~ don't know if it were 21 every day, but she was on the phone a lot with her. 22 Q Did she ever make any statements regarding hew she 23 get along arid how she liked Julia? 24 A She liked Julia. I think they had their problems 25 when Jukia was growing up, bnt it was mother/daughier type 44 i things ~o my knowledge from what I can £emember. 2 Q What ab©ut statements concerning Tom Coolidge, did 3 she ever make any statements to ye~ about a relationship with 4 him? 5 A She did. I ~eal]y think she felt intimidated by 6 Tom. 7 HR. FLOWER: Objection. 8 A Because she would indicate, she would call -- 9 HR. FI~OWER: T object te that as speculation, 10 unless the groundwork is laid for iL. 11 THE COURT: Objection sustained. ]2 BY MR. THOMAS: 13 Q Did she ever make any specific statemenLs Lo you 14 abe~t the q~ality of her relationship with Tom Coolidge? 15 A She did. She resented having te give money for his 16 daughter's college education, I think it was ~he University of 1/ Delaware. She resented it. She said, He said I have to de it. 18 They have a horse -- she has a horse in Haryland er something 19 - and if they can afford a horse, why can't he pay for her 20 col] ego. 21 Q Did she ever complain about Thomas not even 22 visiting with her even though he lived right next door? 23 A Yes, oz helping. 24 Q How long did she complain about that? 25 A Every time I was with Eleaneur she we~ld -- 1 Eleanour was adorable, b~:t she could be a nudzh and she mldzhed 2 a~_ that every day, she would mention. She would be afraid te 3 call him or to ask him te do anything for her. 4 Q Did she ever make a statement that my son lives 5 next door and i have to make an appointment to even see him? 6 HR. }~'ROWER: Objection, leadi 7 THE COURT: Sustained. 8 BY HR. THOHAS: 9 Q D'id she ever make any statements to you about the 10 process that she had he ge through in order te see her son, 11 Thomas Coolidge? 12 A She indicated that she would have ke ea] ] his 13 office and ]eave word, because he was always so busy. She 14 would tell me what he did, but I never really quite understood 15 it to be why he was so b~sy, but he was always tee busy. 16 Q ~id she ever discuss with you whether er not she 17 wanted to give a power of attorney to Thomas R. Coolidge? 18 A She did. ]9 Q What did she say in that regard? 20 A She didn't want to de it, and I remembered 2] specifically I picked her up from -- she had been at 22 Chambersburg Hospital and ca~Jed me te pick her up, which I 23 did, and while we were in the car co~/ing home she reid me that 24 Tom had gone there with power of attorney and she didn't wan[ 25 [o sign it. I said, well, you don't have ~o. 46 1 Q Did she say wheLher or not he applied any pressure 2 to try and get her to sign ih? 3 A She said, He wanted me to sign it, and he wanted 4 the people there to witness it, bnt they wouldn't she said 5 they wouldn't witness it and she didn't want to s{gn it. She 6 gave me those papers. 7 Q She actually gave the papers to you 8 A She gave me those papers. 9 O Do you still have those papers? l0 A I gave those papers to Hr. Traxler, anethe~ 11 attorney who was hi~ed initially. 12 Q Was that during one of the three hospitalizations 13 when during the year 2002 -- 14 A Yes. 15 Q You subsequently fox, nd cut that she gave Thomas 16 Coolidge the pewer ef attorney in December 2002, right? 17 A Yes. ]8 Q Were you surprised? 19 A Very much so. 20 HR. THOHAS: No further questions. 2] THE COUNT: Hr. Fiewer. 22 23 CROSS EXAMINATIOH 24 BY HR. FLOWER: 25 Q Ms. Kollas, you said that she could be a nudzh, 1 tell us what yo~ meant by that? 2 A She would just repeat herself at times, you know, 3 saying, Well, he never has time for me, never has time for me. 4 Sometimes il paid attention to it and ether times I politely 5 dismissed it but understood it. 6 O So she had a complaining nature to some extent? 7 A Yes, but it all was around the same things. 8 HR. FI~OWER: Ne further questions, Your Honor. 9 MR. THOMAS: No redirect. ]0 THE COURT: You may step down, thank you. Hay thi~ 11 witness be excused? 12 MR. THOHAS: Yes, Your Honor. 13 THE COURT: Mr. Flower, any objection to Ms. Kollas 14 being excused? 15 HR. FLOWER: No objection. 16 THE COURT: All right. You may stay er leave as 17 you choose, thank you. 18 MR. THOMAS: Your Honor, at this time we file an 19 exception te your ruling with regard to the testimony by 20 telephone of ouu expert witnesses, therefore, we would have to 21 rest. 22 THE COURT: All right. I will take a five minute 23 recess and then we will hear from Mr. Flower. 24 (Recess.) 25 THE COURT: Hr. Flower. 1 MR. FLOWER: Your Honor, I would like to begin by 2 recalling Mr. Frey. 3 THE COURT: Ail right. Recall Mr. Frey. 4 ROBERT M. FREY, ESQUIRE, 5 having been duly sworn, recalled as a witness, 6 testified as follows: 7 DIRECT EX/LMINATION 8 BY THE COURT: 9 Q For the record, would you state your name again, 10 please? 11 A Robert H. Frey, F-R-E-Y. 12 THE COURT: Thank you. 13 BY MR. FLOWER: 14 Q Mr. Frey, you have heard the Petitioner's testimony 15 concerning a conversation she had with you over a banjo clock. 16 A Yes. 17 Q Do you recall such a conversation? 18 A Yes. 19 Q Would you tell the Court what your recollection is 20 of that conversation? 21 A I received a phone call from Hrs. Stelz and she 22 expressed displeasure with the disposition as she understood it 23 that had been made ef the banjo clock. And my recollection is 24 that I indicated that there was nothing that I could de about 25 it, that that was finished business, that her mother had given 49 ! the clock to her brother, Tom. 2 I guess the~e was more conversation to no effect, 3 tnd then she concluded by saying, I am very disappointed in you 4 and hung up abruptly, and that was my last conversation with 5 Mrs. Stolz. 6 Q Was there a time when yo~ had a call from Helen 7 Kol] as? 8 A Yes. 9 Q What was that call about? 10 A She indicated that Eleanour Coolidge wanted te see 11 me, that Helen Hollas had visited and perhaps visited somewhat 12 regularly with Hrs. Coolidge. And she was ~p at Green Ridge 13 Village and asked me to get in touch with he}~ mother, that her ]~ mother wanted me to get in to~ch with he~, and I did a day or 15 two or three a~ter that. ]6 O What did you do, go ou~ to see her? 17 A I d]d. I made it essentially a social call. Took 18 her a box of candy and sat there and visited a tittle bh~. Anc 19 the phone call from Ms. Kollas was to the effect that Eleanour 20 wasn't happy up at Green Ridge Village and would be happier or 21 better off were she come to Homewood Home. 22 THE COURT: De you mean Thornwald? 23 A Or Thornwald, yes. I think they used to call it 24 Homeweod. At any rate, Thernwald. And Eleanol~r indicated, no, 25 she liked Green Ridge Village very much and had no desire to go 5O 1 t© Thornwald. I ceuld understand why, because I have visited 2 at Thornwald and in my judgment 3 HR. THOMAS: I am going to object te the 4 commentary. 5 THE COURT: Okay. Mr. Flower. 6 MR. FLOWER: We]], she explained te him that she 7 wanted to stay there. Actually, I agree with that objection. 8 THE COURT: All right, the objection is sustakned. 9 BY MR. FLOWER: 10 Q Did Hrs. Coolidge ever speak to you about the 11 relationship she had with he~ children? 12 A Yes. 13 Q What did she tell you, in essence? 14 A There weren't many instances. As I testified 15 earlier, she testified that her relationship with her daughter, 16 Julia, was difficult. She didn't just let those werds flew 17 easily. You ceuld tell that she was hesitating how to describe 18 the relationship and after a pause just said difficult, and 19 that was the end ef that. 20 As te Torn and Phil, she expressed pleasure with how 21 much they were deing for her and how attentive they were to her 22 being at Green Ridge Village and was grateful for their 23 interest and for their accemplishments, particularly Tom, 24 because she was well pleased with the sale ef the house te Will 25 Gabig. 51 i Q Did Hrs. Coolidge have any particular reaction to 2 having to come into court where her competence was contested? 3 A Yes, I was with her while that hearing was 4 apparently being held before Judge Ole~, and she was extremely nervieus and -- distzaught might be an exaggeration, but she 6 was very d%spleased at having her mental competence being 7 called into question and she appeared to be rather' eager to 8 defend herse]f and assert her competency. As far as I know, 9 she left the room, I d~dn't, and apparently partLcipated in the ]0 hearing. 11 HR. FLOWER: No ~urther questions. 12 THE COURT: Hr. Thomas. 13 14 RECROSS-EXAHINATON 15 BY HR. THOHAS: 16 Q Did Hrs. Coolidge ever tell you how she felt about ]7 the fact ~hat Tom sold her personal bed that she had out at 18 Gneen Ridge out from underneath her? 19 A Sold her personal bed? 20 Q That s~e took her' personal bed to Green Ridge 21 Village and did she ever complain to you that Tom had sold it 22 and she had to give it ~p and sleep in a hospital bed al[er 23 that? 24 A No. 25 Q She neve~ said anything about [tat? 52 1 A She definitively never said anything abe~t that, 2 and ! don't r~ca].l her complaining about anythlng at G~een 3 Ridge Village. 4 HR. THOHRS: No further questiens. 5 HR. FLOWRR: No redirect. 6 THE COURT: You may step down, thank you. Hay Hr. 7 Frey be excused? 8 HR. FLOWER: Yes, Yeur Honor. 9 HR. THOHAS: No objection. 10 THE COURT: Yeu may stay or leave as yo~ cheose, 11 thank you. 12 HR. FLOWER: I wo~ld next call Renee Kreamer. 13 14 RENEE KREAMER, 15 having been duly sworn, testified as follows: 16 DIRECT EXAMINATION 17 BY HR. FLOWER: 18 Q Hrs. KFeamer, would you give your full name, 19 please? 20 A Renee Kreamer. 21 Q Spell Kreamer? 22 A K-R-E A-H-E-R. 23 Q Hew are yeu employed? 24 A I am employed at Green Ridge Village as the 25 Assisted Living administrate~. 53 1 Q What are your duties as the Assisted I~iving 2 administrator? 3 A 1 am also a nurse, an LPN, so I supervise the cafe 4 Gl the residents, as well as the care that my staff gives. 5 Q Hew long have you been an LPN? 6 A Graduated from nursing school in 1985. 7 Q How long have you been employed in your present 8 position at Green Ridge Village? 9 A Four years. 10 Q De you recall when Hrs. Coolidge moved into 11 Assisted Living at Green Ridge Village? 12 A Yes, I did. 13 Q When was that approximately? ld A It was October/November of 2002. 15 Q Did she remain there as a resident ~ntil the time 16 of her death? 17 A No, actually, the day she had her surgery, she went 18 te the hospital, she was admitted to Carllisie Hospital. When 19 she came back she was in our Skilled Nursing Unit and net our 20 Assisted hiving Unit, but she was at Green Ridge Village. 21 Q Aside from the hospital stay, she was continuously 22 at Green Ridge Village? 23 A Correct. 24 Q Did you personally handle her app] icat~on ef 25 admission inko Assis{ed Living? 1 A Yes, I did. 2 Q Did yo~ know her well through that 15 months of 3 residency the~e? 4 A Yes, I did. 5 Q iIow often would yon say that you saw he~'? 6 A At least dai]y. '/ Q How often would yo~ say you had an opportunity to 8 speak with her? 9 A At ]east 10 Q What was you~ observations of her physical and ]] mental health when he moved ~nto Assisted Living? 12 A I don't undeNstand. 13 Q W~en she first came to Assisted Living, was she 14 able to get auound? 15 A Yes. 16 Q She didn't need a walker or anything l{ke that? 17 A No. 18 Q Was her mind and speech clear? 19 A Yes. 20 Q Was there a point at which she had a fall en the 21 way to dinner in February of 2003? 22 A She had a fall 1 believe it was {n February, yes. 23 Q ~etween the time that she moved to Assisted Living 24 and the time that she had that event, was she walking normallyl 25 A Yes. 55 Q Thinking clearly? 2 A Yes. " Q And speaking cleaN? 4 A Yes. 5 Q Was she active in activities in Assisted hiving? 6 A Yes, she was. '7 Q Did she participate in exercises? 8 A Yes. 9 Q And devot i ohs? 10 A Yes. 11 © Did she play cards whth the other FesLdents? 12 A Yes, at times. 13 Q Did she occasionally go on trips with other 14 residents? 15 A I don't remember specifically but they have that 16 opportunity, yes. 17 Q An example might be a shL:ttle trip to look for ]8 Christmas decorations? ~9 A Yes, I believe she did. 20 Q Between the period in February 2003 when she had 21 her fa]] until her fatal stroke that ]ed to Pier fatality en 22 Harch 12, 2004, how did she change? 23 A She required a ]ittle more assistance with her ASh 2~ and ambu]af ~ons. ADL a~e her activities oE da~ly living, 25 bafhing, dresshlg, dnd ambul_ation as well. 56 i Q Did it: make a difference in her' speech? 2 A Yes. '~ Q How did that change? 4 A Her speech at times was very slurred, especially dn when she was very nervious and anxious . 6 Q How about her thinking, did that change? '! A No, she was able to choose every day the same as 8 she did every ether day, meals, what she wanted to wear, those 9 kinds of things. ]0 Q So that up until the time of her stroke, she made i1 those decisions herself? 12 A Absolutely. 1.3 Q So you mentioned meals, a selection from a menu? 14 A Selection from a menu every day. 15 Q And what clothes she wanted te wear? ]6 A What clothes she wanted te wear. 17 Q What kind ef things did you talk to} her about ] 8 during that segment ef time? 19 A Many things, I mean, we don't always just talk 20 about ~ami]y, we talked about the past, we talked about 2~ history. You knew, many things, it just depends on what we are 22 doing that day. 23 Q Did it seem to yen thaf she was able to remember, 24 for instance, ~he names of her children? 25 A Yes. 1 Q The objects ~ha+~ were around her room? 2 A Abso!ute 1 y. 3 Q Were there any other decisions tk~at she would make 4 or: a daily basis up unti ] the end? 5 A As well as any other resident in our faci ]ity, they 6 always have a choice to make all ef their decisions throughout 7 the day. Whether they want to ge ~ay down and take a nap in 8 the afternoon, oF they want to go play bingo on Henday. She was 9 always able te make those decisions, we always gave her the 10 oppoutunity to de so. 11 Q So she would make decisions about the activi{ies 12 that she wanted te participate in on a daily basis? 13 A Coruect. 14 Q Were you ~amiliar with Tom Coolidge? 15 A Yes. 16 Q Any idea when you might have met him? 17 A The day she was admitted. 18 Q How often did 'Eom visit with his mother? 19 A I saw Tom at least weekly if not several times a 20 week. 2] Q What kind o~ interaction did you observe between 22 Tom and his mother? 23 A Tom and his mother always seemed te have a very 24 geed relationship. If she was nervious er upset about 25 something, she always requested hhat we would call Tern and Tern 58 1 could come spend iime and after his visit she wo/~ld be much 2 calmer about whatever she was upset about to begin with. 3 Q Did he seem to you to be concerned about he~ 4 welfare, be:lng and care? 5 A Yes. 6 Q Was she responskve to you? 7 A Yes. 8 Q Did Mrs. Coolidge ever talk to you about how she 9 felt about Tom's visits? 10 A Ne, not really. 11 Q Did she ever say if she had appointed anyone as hes 12 power ef attorney? 13 A Ne, we never discussed that. 14 Q Did she express any [eelings to you about Tom and 15 her relationshhp with h:im? 16 A She was always very comfortable with Tom. As I 1'? said earlier, when she was ~pset about something she always 18 wanted lis to call Tom. ]9 Q Did Tom eve~ tell you te deny anyone contact with 20 Eleaneur Coolidge? 21 A No. 22 Q Did Tom ever do anything or say anything to you 23 that suggested he wanted to alienate anyone from ~lleanour? 24 A Ne. 25 Q SpeciFically, did he say or do anything that 59 ] suggested to you that he wanted to alienate his sister from 2 Hrs. Coolidge? 3 A No. 4 Q Are you familiar with Philip Coolidge as well? 5 A Yes, I am. 6 Q Re you have any idea when you first met him? 7 A The day she was admitted. 8 Q Of course, he lived out of state, but how often 9 would you say that he visited? 10 A I don't know. I am not suFe abo~lt that. I have 11 seen him a couple times bet I can't tell you the [cequency to 12 that. I only worked 7:00 a.m. to 3:00 p.m., se he could have 13 visited in the evening when I am not there as well. 14 Q Did you ever talk to Hrs. Coolidge about hew she 15 felt abo~lt his visits? 16 A Nc). 17 Q Did Phi] ever tell you te deny anyone contact with 18 HFs. Coolidge? 19 A Ne. 20 Q Did he eve~ say er do anything te suggest that he 2] wished to alienate anyone from Mrs. Coolidge? 22 A Ne. 23 Q Specifically, his sister? 24 A No. 25 Q When did you first learn that Hrs. Cool idge had a 6O 1 daughter? 2 A I believe he~ere Julia's first visit she actually 3 called me to te~l me that she was coming. Up unt{1 that point, 4 I didn't know Hrs. Coolidge had a daughter. 5 Q Do you recall when you first met her? 6 A The first vis%t at Green Ridge Village. 7 Q Did Mrs. Coolidge ever express te you hew she felt 8 about Julia's visits? 9 A Yes. 10 Q What did she say? 11 A She was very upset after the visit in July, and she 12 at that time told me that her daughter was a pain in the ass. 13 Q Did she tell you why she ~e]h that? 14 A She just she was very anxious and very upset and 15 she made that statement and it was because she said there was 16 always trouble but we noyes get into great depth. 17 Q Did Ms. Coolidge-Stolz ever call to ask if she ~8 could come visit Mrs. Coolidge? ]9 A She cai]ed to tell] me she was coming to visit, yes, 20 and that I was to make her mother aware, that is correct. 21 Q Did you talk to Hrs. Coolidge? 22 A Yes. 23 Q What did she say? 24 A She did not want visitors. 25 Q Did you have the impression that that was all 61 1 visitors? 2 A No, she did not want her daughter to visit that 3 specific day. 4 Q Did you convey that response to Ms. Coolidge-Stolz? b A I don't be] ieve I spoke with her persona~ly, b~t I 6 did leave a message for her on her answering machine at home. 7 © Did she come anyway? 8 A Yes. 9 Q Did Hrs. Coolidge have a phone in her room? 10 A Yes. 11 Q Is there a mobile telephone at the Assisted Living 12 nurse's station? 13 A Yes, there is. 14 Q Did Mrs. Coolidge speak to her daughter by 15 telephone? 16 A Not when I was around, I believe she may have a few ll times but riot -- I did not personally ever deliver the phone to 18 her to speak to her daughter. 19 Q Did she ever say anything about whether she 20 welcomed these Galls? 21 A She asked me at eno point if she could have her 22 phone turned elf because she did not want to speak te her 23 daughter. 24 Q There were visits which Hrs. Coolkdqe-Stolz made te 25 her mother in July 2003, do you recall some of these visits? 62 1 A Yes, I do. 2 Q She visited alone on July 2, can you tell us what 3 happened if anything early in the morning of July 3rd? 4 A The day after Pier' visit? 5 Q Yes. 6 A When I came in that morning I was told that '? Eleanou~ wanted to see the boss, arid that is me. I went into 8 her teem te visit arid she was very upset and she told me that 9 she was afraid her daughter was going to try to take her from 10 Green Ridge Village, she did not want I_e leave Green Ridge 11 Village. She did riot. want te live att a place called Heavenly 12 Acres in Boston, and she also told me that she was very af[a~d 13 at that point. 14 Q What d~d you de at that point, did yoki conkach 15 anyone? 16 A I asked her if she wanted me te conLacL Tom. She 17 said, Yes. And I spoke with Tom and told him what she ?lad told 18 me, that she was afraid that, you know, Jul ta was going to try ]9 to take her from Green Ridge Village and ta~e her' to Boston, 20 that she did net want te go to Boston. 21 Q Did Torn respond to you? 22 A Yes, he came. 23 Q What happened that day? 24 A I was basically innch arid ouL of the room making 25 sure they weze okay. But Tom spent most or_ the day, Tom and 63 1 Belh, if I can recall, spent, most of the day with EIear/our that 2 day. I alse believe I had a conve~sat[orl with Jn] ia that day. 3 Q Did she come that day as well? 4 A I bekieve so, yes, I believe it was that day. 5 © Do you recall what her emotional state was like ail 6 that time? 7 A Eleanour or Julia? 8 Q Her daughter. 9 A Her daughter. She was very upset. She cried a 10 little when we talked to her about what Eleanour had khonght 11 she said. 12 Q Did Hrs. Coo] idge ever talk to yet: after dnlia's 13 visits abet~h whether there were any assertions of wrong doing 14 during those visits? 15 A On J/]lia's part? 16 Q No. 17 A Ne. 18 Q Possibly about Tent or Phil? 19 A No. 20 Q You indicated that there was a time when Hrs. 21 Coolidge did not want to take Ms. Coo]idge-Stolz's call. Did 22 she ever instruct you as te whether or net she wanted to visit 23 with her daughter? 24 A Yes. 25 Q What did she say? 64 A She told me she didrl't want her daughter in her 2 room, she was afraid of her. She asked while -- I asked her 3 how she wonkd like me to handle that, and she told me that she 4 didn't want her in her reem at ali, she didn't want te be le~t 5 alone with her because she was afraid o[ her. 6 At that time, as [ would do with any othe~ 7 residents on our campus, i asked her if she wanted me to call 8 somebody er she wanted me to just escort whoever the visiter 9 was out ef her room. And at that time she had asked me to pnt 10 a sign on her door hhat she didn't want any visitors at ali.. ]1 Q Was he[' instruction te you that she did net want 12 see her daughter a one time th[.ng or did it happen more than 13 once? 14 A When her daughter was there in July she told me 15 that she wished she didn't have to see her, hut at that point 16 the visit was over, her daughter had left to go home. When her 17 daughter came back the second time, I believe that was in 18 October, I don't remember the exact date, that was when we put 19 the sign on the deer at her request and she did net want to see 20 her daughter that day. 21 Q Were there any times between those two times when 22 she said, Oh, ii wish Jul[ia would come te see me? 23 A No, we never spoke with Julia between the twe 24 visions. 25 Q Did you ever take a step ~o communicahe to JulLa 65 i Julia's counsel that she did not want to see her? 2 A I informed Julia ef that, yes. When she came te 3 visit her mother, she saw the sign on the door, she came 4 immediately came to my office and asked why. And i just, you 5 know, I explained te her at that point that her mother did net 6 wish to see her. 7 Q There has been a suggestlion that Hrs. Coolidge was 8 upset because her personal bed was sold out from under her. Do 9 you ~now whether thail Ls true er net? 10 A I can answer that question. She had her persona] 11 bed, b(~t we changed the mattress on her bed. Her personal bed, 12 as far as I know, is still at Green Ridge Village. But we 13 changed the mattress en her bed because she had an open area on 14 her hip and we -- yes, not really a bed sore, but she had an 15 open area. We changed the mattress to put a specialty mattress 16 on her bed. 1/ She understood the concept of, you know, she needed ]8 a specialty mattress, but it really worried her. She didn't 19 like it at first, it took her a ]eng time to adjust te it. 20 HR. FLOWER: No f(~rther questions of Hs. Kreamer. 21 THE COURT: Hr. Thomas. 22 23 CROSS-EXAHINATION 24 BY MR. TUOHAS: 25 Q Is it Hrs. Kreamer? 66 i A HFS. , yes. 2 Q Are you a ~egis~ered nurse? 3 A Ne, I am net, ] am a 1 ~censed p~acticak nurse. 4 Q What is your job tit|e t~ene at Green Ridge? 5 A A personal care administrator. Persona] care and 6 assisted livir~g mean the same thing. 7 Q What hours do you work during the day'.} 8 A Usually 7:00 a.m. to 3:00 p.m., but I am usual ly 9 there by 6:30 in the morning and sometimes I am there until 10 3:30, 4:00 o'clock in the afternoon, it just depends on the 11 day. 12 Q You indicated that you did not know that Eleaneur 13 had a daughter. Didn't sNe £kll on~ a family his~_oFy or didn't 14 someone fill out a family history for her when she went in 15 there? 16 A Yes. It had Tom and Philip's name on it. 1'? Q So I assume that the family history form was not 18 /|lied out by ~ileanour Coo] idge? 19 A It is not per say a family history form, it is an 20 emergency contact form. Family history, I am not sure what you 2] are asking me there, hut it is an emergency contact. Name, 22 address and phone number of family members for us te get in 23 touch with if we have an emergency. 24 Q Se whoever had her admitted conveniently left out 25 her daughter's name and telephone number. 67 1 HR. FLOWER: Objection to the editorializing of the 2 question, Your Honor. 3 THE COURT: Hr. Thomas. 4 HR. THOMAS: I wii k re?~rase the question. '} THE COURT: Ali right. 6 BY HR. THOHAS: 7 Q Whoever filled out the emergency contact 8 information did net :inch~de Eleaneur Coolidge's name on there, 9 is that correct? 10 A That is correct. 11 Q That would have been when she was admitted in 12 either October or November ef 2002? 13 A That is correct. 14 Q I believe you indicated that Tom Coolidge is the 15 one that brought Eleanour to the Green Ridge Nnrsing Houle and 16 most li. kely filled out the paper? 17 A She came with Tom and Philip, but our residents ]8 fi] 1 out most of their paperwork themselves. 19 Q I)e you know whether Eleanour Coolidge fi lied out 20 the paperwork? 21 A I know E]eanour Coolidge signed ail of her 22 paperwork, it is required by the Department of Public Welfar'e. 23 I do not remember specifically whose handwr{ting the emergency 24 contacts were in, no. 25 Q The [Lust time that you spoke with Elizabeth 68 1 Coolidge on the telephone, [ take it she asked yol~ how her 2 mother was doing? 3 A I don't specifically remember the conversation. [ 4 remember we had a conversation, she called me to tell me she was coming te visit. I don't remember if we talked about her 6 mother' s heal th. ! Q You were present the first time that Elizabeth 8 visited her mother, E]eanour, correct, you were present at 9 Green Ridge? 10 A Yes. 11 Q In fact, you had a conversation with Eleano~r after 12 Elizabeth left that day? 13 A Yes, I believe so. 14 Q Would it be fair he say that Elizabeth would have 15 left around the ]~nch hour that day? 16 A I believe -- probably around in that time, because ]'/ I remember we had a tray given to her for lunch that day. 18 Q Do you know whether or net Tom Coolidge visited his ] 9 mother that same day later on? 20 A Net -- I am net s~e. 21 Q But it wasn't until the next morning that E]eanour 22 Coolidge started making noises about ~i]izabeth's threatening te 23 take me to this }~eavenly Acres place in Boston, correct? 24 A I believe that is correct. 25 Q So when you saw her following the visit, she didr~'t 69 1 appear ~e he agitated er concerned about her daughter taking 2 her to Heavenly Acres, did she? 3 A I don't believe I specifically saw her mere than 4 once after this visit and at that t{me, no. 5 Q You test{tied on direct that yon actually had a 6 discussion with her a~terwards? 7 A Right. I saw hex one t%me I believe a~teF the 8 vis%t and at that time, r/o, she did net. 9 Q I also believe that according to your direct l0 testimony that the only time E]eaneur ever made any negahkve 11 comments about Elizabeth would have been after that 12 visit, is that correct? 13 A That is correct. 14 Q D~d I understand you correct to say that all the 15 way up until the time that Eleanot~N had he~ stseke that she 16 appeared to be fairly pretty mt~ch the same mentally? 17 A Yes. When it came te making daily decisions about 18 her care and the food that she ate, yes, that is as far as 1 19 would have pt~shed her. 20 Q As far as what I am going to wear? 21 A Yes. 22 Q Or what £ am going te eat? 23 A Yes. 2~ Q Would that be the extent of her decision making? 25 A From my point of view, yes. 7O 1 Q Are you aware that !}r. Jurgensen evaluated her in 2 April off ,_00~, which would have been 10 er 11 months before her 3 stroke and at that ~ime stated that she suffered from ~ degenerative b~ain disease? 5 A Yes, I knew Dr. Jergensen evaluated he~. 6 Q Did you know 'that was his 7 A ~ read his notes when she came back. Do I remembe~ 8 specifically what she had said, no; hut I do remember reading 9 them when she ~eturned from her visit. 10 Q Yes, if I understand you correctly, you d~d not 1! notice any gradual deterio£at~en during the enti£e stay o£ 12 Eleanour Coolidge and in he~' ff~ental capabilities wh~le at Green 13 Ridge Nursing Home? 14 A Not from my point e~ view. As I said, she chose 15 every day what she was going to eat for the next day. She 16 filled out her menu herself, even down te the point of whether 1-/ she wanted a small, medium or large portion when it came to the 18 entre on the menu. She chose when she wanted to take a nap, 19 she chose when she wanted to get out of bed at a cer{ain lime 20 o~ ge to bed at a certain time. 21 Q Did she pay her b~l]s? 22 A ] can't answer that question. Tha~ is not my 23 responsi bility. 24 Q DAd she operate a checking account? 25 A I can't answer {ha~ question, it is not my 7] 1 responsibility. 2 Q Did she make any expenditures out of her own money 3 wh{~e she was there? 4 A I can't answer that cuestion. Finances are not my 5 respensihility with the resident, that is between the resident 6 arid their family members. 7 Q Did she ever express a desire te make any purchases 8 to yeu? 9 A Not 1_o me personally, no. l0 HR. THOMAS: No further questiens. 11 HR. FLOWER: No redirect, Yeur Honer. 12 THE COURT': Ail right, yeu may step down, thank 13 you. Hay this witness be excused? 14 MR. THOHAS: Ne ebjection, Your Honor. 15 THE COURT: Mr. Flower, do you have any eh]ecl ien 1.6 to he~' being excused? 17 MR. FLOWER: I have no objectien te her being 18 excused. ]9 THE COURT: You may stay or leave as you choose, 20 than~ yeu. 21 THOMAS D. COOLIDGE, 22 having been duly sworn, testified as follows: 23 DIBECT E~INATION 24 BY MR. FLOWER: 25 Q Mr. Coolidge, would you give your full name, 72 1 please? 2 A Yes, Thomas D. Coolidge. 3 Q Where do you reside? 4 A 265 Meereland Nvenue in Carlisle. 5 Q Are you the sen ef ~]leano~¥ U. Coolidge? 6 A Yes, I am. 7 Q Did she, in fact, appoint you as her attorney in 8 fact? 9 A Yes, she did. 10 Q Do yeu recall about when she d~d that? 11 A I believe that was December 20, 2002. 12 Q Who prepared that document? 13 A Hr. Frey. 14 Q Te the best of your knowledge, has she ever done 15 anything to revoke that document? ].6 A No, she has net. 17 Q We prepared an answer? ho the petition which is the ]8 subject e~ this hearing, d~d you review that answer? 19 A I have not seen the final typewritten document; 20 but, yes, I reviewed the draft immediately prior. 21 Q Are the allegations in our answers true and correct 22 te the best ef your knowledge? 23 A Yes, they are. 24 Q To the best of your knowledge, what date was it 25 that your mo[her was admitted to the Assisted ~,ivLng Section at 13 1 Green Ridge Vll!age? 2 A I be] feve kt was right auound Thanksgiving, 2002, 3 either very late November, perhaps very early December. 4 Q Do you recall the process of admitting her? 5 A Yes, I do. She actually had been shopping around 6 for the possible retirement communities for probably several 7 months before she actually moved into Green Ridge Village. My 8 brother, Philip, reek her to look at Thornwald and they toured 9 Thornwa]d. A neighbor, Jean Jones I believe, took her to 10 Chapel Point, she looked at Chapel Point. 11 She, herself, called around tea number ef ]2 different retirement communities arid solicited brochures and 13 information for her te review. I believe my brother was the 14 eno who actually reek he~ to Green Ridge Village. She, 15 herself, chose Green Ridge Village. She saw an old neighbor 16 there, Evelyn C[aig, and for whatever reason decided ]hat was 1~ the place s[~e wanted to go to. 18 Q At that time was she managing her own affairs? 19 A Yes, she was. 20 Q Did she write the checks for her everyday 21 A Yes, she did. 22 Q What other financial activities was she engaged in7 23 A My reco][ection is she was very interested in the 24 stock market.. Each year through Legg Hason, where she had her 25 accounts, she would make a nnmbeN of different transactions. 1 She continued to de that I believe, even actually made a 2 transaction after she moved into Green Ridge Village. She was 3 very active and very interested in the stock market. 4 Q After she moved into Green Ridge Village, how did 5 she feel about her surre~:ndings? 6 A She never te me expressed anything other than a 7 very high degree of comfort at Oneen Ridge Village. 8 Q Did she ever talk te yo~ about wanting te move 9 close~ to Carlisle? 10 A No, actually ~o the contrary. On a number ef 11 occasions, she specifically said that she wanted to stay at 12 Green Ridge Village. ]3 Q You heasd ye~r s~ster testify ~o a number ef ]4 conversations with yen over the telephone? 15 A Yes, i did. 16 Q De yen recall the conversations ~hat she testified 17 to? 18 A Yes, I de. 19 Q All right. What was the first conversation? And 20 these conversations are all afteN your mother went to Green 21 Ridge Village, are they not? 22 A I believe so, yes. 23 Q What is your recollection ef the first cenversatio~ 24 that she testified to? 25 A It was the one right around Memorial Day, 2003. 1 Q What de you recall being said in that conversation? 2 A That conversation oocurred roughly a month oN se 3 ~fter Dr. Jergensen evall~ated my mother. We had pl]rpesely 4 chosen not to move aggressively en my mother's wish ~o sell her 5 house, th%nking that at some point she may w{sh to ~et~rn~ 6 After Dr. Jergensen's visit and by that point in ! time she was less able to walk, less able to ca~e ~er herself. 8 It was Dr. Jergensen's view that she would riot be capable of 9 returning te unassisted living. So at that point we began to !0 accede to her wish, which was to begin to prepare her ho~se and 11 he[ belongings for sale. ]2 Q Was she involved in ~he decision making about the ].3 sale ef personal property and abol~t the sale ef the house? 14 A Well, i.t was her decision. 15 Q 8ut beyond the decision to do so -- 16 A Yes. 17 Q Was she involved in d~sc~ssions about how much it 18 should sell for and -- 19 A She specifically approved what was sold and what i 28 was te keep in my possession. 21 Q Did she approve the agreement of sale? 22 A Abse] nte] y. 23 Q Was there a plan made for the sale ©f persona] 24 property? 25 A Yes, there was. V6 i Q Did she make decisions about the personal property? 2 A Yes, she did. 3 Q There has been an issue brought up about the banjo 4 clock. 5 A Yes. 6 Q Can you tel iL the Court what happened concerning 1 that banjo clock? 8 A Yes, at some point in 2002 my mother decided to 9 give te me the banjo clock, and that was certainly prior te ~y 10 becoming power ef attorney. ~ recall being in Mr. Frey's 11 o~ice when my mother informed him that she had already given 12 me the clock and asked him to make a codicil te her will to 13 ~hat effect. 14 Q Did you ask Pier to give you the clock? 15 A Yes, I did. At some point in 2002 she mentioned 16 ~hat my brother had - was in the will for a tall clock, a 17 Willard Tall Clock, and that my sister was in ~he will for a 18 number of different things and that she had received the s~lver 19 and that I had not asked for anything and would there be 20 anything that I would be interested in, not knowing that 21 anybody else had requested it, and I te]d her I would be 22 interested in the banjo clock. 23 Q Have you had bo~h the banjo clock and the silver 24 appraised? 25 A Yes wel ~, ne, actually my mother had them 1 appraised, but I am in possession of the appraisals. 2 Q Sorry, I misspoke. The appraisals that your mother 3 asked ef concerning the silver and the clock, which one 4 appraised at a higher value? 5 A The silver is just slightly higher, I believe the 6 appraisa]s are $5,500; the banjo clock was appraised I think 7 within a range ef $4,500 to $5,000. 8 Q There was a conversation you had with your sister 9 in which {he banjo clock came ] 0 A Yes. Il Q Would yen review yeu~ ~ecol~ection o~ ~hat 12 conversation? 13 A Yes, I raised with he/ again, th~s was in -- at 14 some polnt righ~ aronnd the Memorial Day holiday, and I 15 mentior~ed that we were in the process e~! beginning te clean up 16 the house and get everything organized so that the house could 17 be put on the market privately for sale, and that we were 18 hnte[ested in knowing what her wishes would be with respect to 19 some of the personal property, and that we wished to make sure 20 there was good cenmR~nication so that there wouldn't be any 21 negative effects ef hew things were done and how that was done. 22 I mentioned to her about the banjo clock as an example ef if we 23 weren't careful how miscommunication could work against us. 24 Q How did your sisl er react to that conversation? 25 A As she said, in that initial conversation she 78 1 indeed said that she thought she was to receive the ban}o 2 clock, but that she had received a number of other things and 3 thought that it would be okay. 4 Q Your sister had a visit with your mother around was 5 it June 30th? 6 A I don't recall any visit around June 30th. i do '/ bel Leve we saw her on duly 2 and July 3. 8 Q June 30 was the day that she testified to. Do you 9 recall any conversation between your sister between the l0 conversation you just testified ho and your sister's visit? 11 A I believe she ]eft me a voice mail at work en the 12 30th el' June letting me know that she was coming down {o see my 13 mother. 14 Q De you recall what transpired in the course of her 15 visit with your mother? 16 A I am not aware of anything until the morning of 17 July 3rd. I actually had a basketball accident on Ii believe 18 the 29th of June and tore the ACI, in my left knee and I was at 19 home for a period of days unable te walk, actually had art HRI 20 on the morning ef the 3rd ef July. And when I returned home, 21 that is when I received a call from Renee Kreamer, which was 22 the [irst I had any awareness of how anything had gone. 23 Q What was the substance? 24 A I did not see my mother en July 2nd. 25 Q What was the substance of the call from Renee ¸/9 1 Rreamer? 2 A Renee said my mothe~ was in a state ©f very high ~ anxiety, and that she was afraid my sister was returning to 4 take her to Massachusetts and she didn't wish to go. 5 Q You said a moment age, but I want to be very clear, 6 did you between the ~ ime your sister visiked witN your mothe~ 7 and the time Renee Kreamer called you, did you visit with yox~r 8 mother? 9 A Abso]utely not. 10 Q Did you ~a]k kc) her on the telephone? 11 A No, I did net. 12 Q What transpired on July 3rd to your recollection? 13 A As I said, I was not very mobile and certainly ]~ in a conditi, on to drive, so I believe it was my daughter, 15 Devin, who drove me to Green Ridge Village after we received 16 that call. On route to Green Ridge Village we placed the call 17 to Mr. f~'rey and to you to see~ yol~r advice and then arrived at 18 Green Ridge Village. Went in and saw my mother, had a brief 19 conversation with my mother. We agreed it would make sense te 20 talk to my brother, Phil, se we did, indeed, get ena cel~ 21 phone, I called my brother, Ph~ ] . 22 TH~ COURT: Mr. Flower, I think it was about at 23 this point in Hr. Thomas' presentation that I indicated to 24 that we we[e s[arting to run short on time and I must do the 25 same for you. Do you have many more questions ef this witness? 8O ~ MR. FhOWER: Not ve/y many more, Your tIonor, I 2 khink r could p~'obably wrap up the diuect in a couple minutes. 3 Tile COURT: Ail right, because I Need te give 4 Mr. Thomas a chance to cross examine. 5 BY MR FLOWER: 6 Q H~'. Coolidge, on that occasion on July 3rd, were 7 you and your sister both present with your mother? 8 A Yes, we were for a considerable period of time. 9 Q What transpired during that visit? i0 A Actually, I think we had a faLr]y decent 11 conversation with my mother, we talked about a wide range ef 12 things unrelated te any oE ~he issues we are {alEing about now. 13 Q How did your sister greet you en that occasion? 14 A With the words: You sen efa bitch. You son efa 15 bitch. ]6 Q After the vislt in July did your mol her express any 17 feelLngs to you about your sister er' the desirability for 18 visits? 19 A Hy mother felt she had a very difficult 20 relationship with my sister, expressed that on a number ef 21 occasEons and stated that she didn't wish to see my sister. We 22 advised my mother that that was something that if she didn't 23 want it to occur that she needed to address directly with Hrs. 24 Kreame r- herself. 25 Q I want to come hack te something I may have missed. 81 When the paperwork was being filled ou~ fo~ Green Ridge 2 Village, who £illed out the papers relaked Lo emergency 3 contacts? ,l A We]]_, the information that is ir] it is what she 5 would have dictated. She may have handwritten it herself. Hy 6 brother and I were there, facilitators, bL~t they were clearly 7 her answers. 8 Q Was khe difficult relationship you described 9 between your mother and Julia new or was that something which l0 had existed for sometime? 11 A Well, she indicated it has been a long-standing 12 difficulty, sometimes more difficult than othe~ times. 13 Q Your sister testified that ye~ had told her Lhat 14 you had made a number of legal changes, had you done ~hat? 15 A I never made a single legal change. 16 Q Did ye~ ever tle]] yeuN sister that you made some 17 legal changes? 18 A Rbsolute]y ne~. 19 © Have you, in fact, prepared the notebeo~ which is 20 in essence an accounting for your work as atteFney in fact for 21 your mother? 22 A Yes, ~eF the Co~t. I~ the Court wishes, I have 23 actually prepared a binder which has what 1 believe to be a 24 comprehensive itemization of her various different ~inancial 25 and porsonal assets and covers it the full pe~ied ef time 8rom 82 ! when I became power of at[~o~ey to he~ death. 2 Q Are you prepared to make that available to the 3 Ceu~t today? 4 A Of course. Q If the Court directs it, will you supply a copy to 6 counsel fo~ you~ siste~-? 7 A If the Court wishes. I only have ene copy. 8 Q You have supplied me with a cepy as we£1? 9 R Yes. 10 THE COURT: We need to go o~ the record [or a ] ! moment. 12 {Recess.) 13 THE COURT: Back en the recerd. 14 BY MR. FLOWER: 15 Q Mr. CoolLdge, d~id your mother provide you with any 16 reaction after he~ cempetency was tested ir/ the last hearing? 17 A She was very displeased. 18 HR. FLOWER: No further questions. 19 THE COURT: Hr. Thomas? 2O 2 ] CROSS-EXAHINAT ton 22 23 BY HR. THOHAS: 24 Q MN. Ceolidge, do yeti recall geing down te see your 25 mother ak Chambersburg Hospital during ene of her admissions? 83 1 A I v~sited her there during each of her visits. 2 Q Do you r-ecal! presenting her with a power e~ 3 attorney that she had not requested and asking her to sign it 4 making you [)ewer of attorney? 5 A No. What happened was in the course of admissions, 6 r asked her if she had a power of attorney and she said that 7 she did not. And they advised her that it would be w~se to 8 have one. So we contacted Hr. Frey's office and simply brought 9 np a boiler plate power ef attorney. Actually, my brother and 10 i have consistently until the fall of last year reco~r~ended 11 that she not do that. 12 Q So if at some point I were te bring some nurses up 13 here from Chambersburg Hospital that said told you that even if 14 she had signed that power of attorney ~hey would nel have 15 witnessed it, they would be lying? 16 A Yes, that is correct. 17 Q What were the things that you were told to keep in ]8 your possession that you did not sell of your mother's personal 19 property? 20 A '/'here is a six or seven page itemization in the 21 binder. They are mostly personal effects, sma]len items. 22 Q Six or' seven pages of lhings that you kept? 23 A Yes, that is correct. 24 Q Includi. ng an antique roll top desk? 25 A Ne, that is not coKrect. 84 1 Q So you got all Lhe photographs and all Lhe personal 2 items? 3 A We took everything that was in her home whioh was 4 being sold and boxed it up. The items which were personat to 5 my sister were returned te her through her previous counsel. 6 Q By the way, what is the value of your mother's 7 financiak assets'.) 8 A We always talked to my mother in terms ef $2 9 million, which is roughly the principal from which she received 10 income. I believe the actual market value of her estate today ll would be slightly mere than that. But it is comprised of two 12 things, that number would include the trust under the will ef 13 my father, Warren F. Coolidge, which is vahled I believe at ]4 roughly three quarters o~ a million dollars; and my mother's 15 individual assets are in the neighborhood I believe e~ a 16 million and a half. 17 Q And the trust, is that te be divided substantially 18 equally between you and yel:r brother and your sister? 19 A The income is te be split in thirds, that is 20 correct. 21 Q What about the three-quarters? 22 R it is a generation skipping trust, so my brother, 23 my sister and I wi]] not at any time have access to 24 principal. 25 Q Can you explain to me then why your mother's will 85 1 states tha{ the reason she did riot leave anything te her is 2 beca~.~se she was [he beneficiary of her husband's trustl 3 A I cannot, i again had nothing to do with that. d Q Would Jt be fair' to say that your mother didn't even understand what the terms of the husband's t~ust were? 6 A No, I do not believe I would agree with that at 7 ali. 8 Q So you don't have any explanation for that 9 information being contained in the will that was just probated 10 teday? Il A That will was prepared personal]y between my mother 12 and Hr. Frey. 13 Q Were you present when it was probated today? 14 A Yes, [ was. 15 Q [3id you read it? ] 6 A Not today. 17 O Did you read it sometime? 18 A I skimmed ever it just the ether day; but ! have 19 net read it in detail, ne. 20 Q Yeti are the beneficiary of approximately somewhat 2] mere than erie million dollars and you didn't take the time te 22 just read it, you just skir{~rled it? 23 A The feous ef the past week or so have been on my 2~ mother. I am net, as I would think about it, the beneficiary 25 of a million dollars. Again, my bxothe~, my sister is 86 1 father's trush, and I received income oPff off ~hat. The actual 2 principal will not be ours. 3 0 So, in fact, your sister is not going te get fl anything out of the estate of her parents other than ene-thi rd 5 of the income generated by this trust, is that correct? 6 A That is my nnderstanding. " © And that is pursuant to the will that was drafted 8 and executed -- or executed anyway in December 2003? 9 A I believe that is correct. 10 Q What is your objection to having an autopsy 11 performed so that nenrologists can determine the extent of the 12 mental impairment that your mother has suffered back two or 13 three yea~s ago? 14 A In Hay ef 2003, my sister requested CAT Scans that 15 my mother had had ~iaken. I agreed to provide these ko her and ]6 did. She wanted those for the purpose of a Dr. Jeffrey 17 Wi]dburg (phonetic) to review them. They were sent to her, ]8 they were te be returned immediately after that. 19 Hy motheN became very distressed that they were net 20 returned and, indeed, had been shared more broadly. My mother 21 is a private person and she had a very strong feeling that that 22 wasn't what she wished. With respect to tNe autopsy, it is in 23 the conversation we had as a five some, which was my brother, 24 my sister, you and Hr. Flower. 25 The description e~ -- the potential e~ an autopsy, 8¥ 1 yielding any significant results was characterized as remote. 2 Hy personal view is that the privacy of my mother in a 3 situation like that is mo~e valuable. 4 Q Isn't it true that you agreed te the al~topsy 5 provided none of the information could be used for ~egal 6 purposes te establish your mother's mental capacity? 7 A That was part of the stipulation we discussed, yes. 8 That also was how it was represented te us. 9 Q Why were you afraid o~ it being used for legal 10 purposes? 11 A We are net a litigious family as a whole. 12 Q E g/~ess it would he fair te say that your sister's 13 worst fears came tFne ~o]lowing that conversation you had with 1~ her 15 HR. FLOWER: Objection, argumentative, Your Honer. 16 THE COUR?: We need to have the question asked 17 before there can be an objection. What is the question? 18 BY MR. TIIOHAS: 19 Q You had a conversation you testified w~th regard to 20 your siste~ en ~emorial Day weekend e~ 2003, correct? 21 A Yes, I did. 22 Q In that conversation with your sister you testified 23 that you didn't want to get involved in this kind ef 24 litigation, correct? 25 A Yes, I did. 88 1 THE COURT: Is there an ob]eckion to that guestien? 2 HR. FI,OWER: No, Your }bner. 3 Tile CO!iFF: All right. 4 BY MR. TIIOHAS: 5 Q But at that time -- 6 THF. COURT: Is there an answer to the question? 7 A There was, Your IIenor. 8 TIlE COURT: I don't know if there was er not, 9 people are talking over each other. What was the answer te 10 that question? 11 A Yes, I did have a conversation with he[. 12 THE COURT: A] 1 ~ ~ghl. Nc}, I thought ~here was 13 more te it. There was a question about what the conversation 14 was. 15 BY HR. THOHAS: 16 Q Part of the conversation from your stand point was ]'l that we can work together and be cooperative with eno another, 18 correct? 19 A The purpose ef the conversation was about good 20 communication to min~ixe the ]ike]ihood of any d~fficulties. 21 Q You didn't even bother te ca]] your sistet and let 22 her know when her mothez' died, did you? 23 A Sorry, would you repeat that. 24 Q You d[d net make any effort to contact your sister 25 when yot~F [~lot.her died, did 89 1 A Hy sister left here while my mother was still in 2 the hospital and never returned over the course of the ]2 davs, 3 that is correct. 4 O Well, that doesn't answer my question. You didn't 5 make any effort ~o notify your sister when your mother died, 6 did you? 7 A No, we were advised through counsel that a 8 conversation that he and you had that she was on her way down 9 so ~ didn't feel a need to... 10 Q To let her know? 1] A If she was on her way down, that is correct. Our 12 expectations is she was going te be here. ]3 Q Didn't you agree that you would withhold sending 14 your mother's body to be cremated until such time as E~izabeth ]5 would have an opport~nity view her ~other? 16 A We made those arrangements with the funeral home, 17 yes. 18 Q Yet by the time your sister get here your mother 19 was at a crematorium in York ready te be c~emated? 20 A You would have to ask the funeral home, I don't 21 know. We specifically asked Green Ridge Village what the 22 normal arrangements were for the movement ef the body to the 23 funeral home and expressed the wish that both -- we had two 24 individuals in the family coming who wished to hopefully see 25 mother as we understood it before she died, one was my sister; 9O 1 Judy, who was flying ir~ f~em California~ she ac{na]ly didn't 2 get te the home nntil 2:45 and mkssed it. 3 Q Your sister or yeu~ sister-in-law? 4 A '?~'~at is my cousin, J~ldy is my cousin, i don't know 5 if Jul ia -- we asked the nurses when we called that evening if 6 she had been there and they didn't have any know]edge. 7 Q ~ started this line of q~estiening out that you 8 wanted ko maintain communication. And yonr testimony here 9 today is that Elizabeth is the eno thah did net want to 10 maintain comm~lnicahien and -- 11 A I have not said that. 12 Q Okay. 13 MR. THOMAS: No fuEl;her questions, Your Honor. 14 Tile COURT: Hr. Flower. 15 MR. FI~OWER: Jnst a couple on redirect, Your Honor. 16 ]-? REDIRECT EXAHINAT~ON 18 BY HR. FLOWBR: 19 Q Hz. Coo] idge, did you ask your mother to change her 20 wi] I? 21 A Never. 22 Q Did you ever encourage he/ to do that? 23 A Absolutely not. 24 Q Whose docision was it to change the will? 25 A it would be hers. 91 ! © You mentior_ed the CAT scan slides that yeti mother 2 had said about not being returned? 3 A Yes. 4 Q Have they been ~eturned to this day'.} 5 A Net te the best of my knowledge. 6 Q Would it surprise yon if your mother from time to 7 time mLght be critical of' you'? 8 A Absolutely not. 9 Q Can you tell us why? 10 A Yes, I knew certainly Jn the period ef - my father 11 died in July 2(}01, for probably a good 6, 9 months, as she 12 worked through her own persona] adjust~nents, she had a number 13 of different ideas for how she wished te move forward. One of 14 those which she exsressed on a number of occasions was actually 15 to move into our home, to sell_ her house and pay fo~ an 16 addition to our home. 1'? Beth, my wife arid I discussed that, and came to a 18 view that that wasn't something that would work well probably 19 for he~, as we]] as for us. And as Mrs. Ko]las indicated 20 earlier, she wanted te see more of us than happened. 21 HR. FLOWER: No further redirect. 22 HR. THOHAS: Ne recross, Your Honer. 23 THE COURT: You may step down, thank you. I}ees 24 that complete yet]r case-in-chief, Mr. Flower? 25 MR. FLOWER: Yes, Your Honor. 92 TH~', COURT: All right. Hr. Thomas, do yon have any 2 rebut, kal testimony? 3 HR. TNO~AS: Ne, Your Honer. { THE COURT: All ~ight. We will enter this ordeF, 5 AND NOW, this 29th day of Hatch, 2004, upon consideration ef 6 the Petition for Pre] iminary injunction ~i]ed on behalf ef 7 d~lia Coelidge-Stolz, and following a hearing held on Harch 29, 8 2004, pursuant to Pennsylvania Rule o~ Civil Procedure 1531 (d) 9 on the issue o~ the continuation, modification er termination 10 of the ex parte preliminary injunction issued on Hatch 2d, 1i 2004, the record is declared closed and the matter is taken 12 under advisement. 13 I will try to have an order entered within the next 14 day or so. Court .is adje/~rned. ]5 (Co~rt adjourned at 4:46 p.m.) 16 17 ~8 19 20 21 22 23 24 25 93 ~,ERTIFICATION 11 hereby certify that the p¥oceedings aue contained fully snd accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Patricia C. Bar~et-t '- Official Stenegraphe~ The £oFegoing record ef the proceedings en the hearing of hhe within mather is hereby appreved and directed to be filed. J. / Wesley Oler, ! ? 94