HomeMy WebLinkAbout11-12-03IN RE COOLIDGE, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY PENNSYLVANIA
: CIVIL DOCKET NO.:
: ORPHANS' COURT DIVISION
PETITION FOR APPOINTMENT OF EMERGENCY GUARDIAN and STAY OF
SCHUDULED SALE OF ASSETS
AND NOW, comes the petitioner, Julia Coolidge-Stolz, by and through ABOM &
KUTULAKIS, L.L.P., and files this Petition pursuant to Title 20 Pa.C.S.A. § 5513 and in
support thereof avers the following:
1. The alleged incapacitated person is Eleanor U. Coolidge (hereinafter
"Coolidge"), cl/oPo 08/13/1928, with a former address of 365 Walnut Street, Carlisle,
Cumberland County, Pennsylvania. Coolidge is currently a resident of Green Ridge
Village, 210 Big Spring Road, Newville, Cumberland County, Pennsylvania.
2. Petitioner is Julia Coolidge-Stolz (hereinafter "Petitioner") of 2 Gillis Drive,
North Reading, Massachusetts 01864.
3. Petitioner is the daughter of Coolidge.
4. Coolidge was predeceased by her husband, Warren Coolidge, on July 14,
2001.
5. Coolidge had several psychiatric admissions to the Chambersburg Hospital
including in the spring and autumn of 2002.
6. Following her discharge from the Chambersburg Hospital in the autumn of
2002, Coolidge was admitted to the Green Ridge Village nursing home facility.
7. A sale of Coolidge's real property situated at 365 Walnut Street, Carlisle,
Cumberland County, is pending.
8. An auction of substantially all of Coolidge's personal property is scheduled to
occur on November 13, 14, 2003.
9. Coolidge gave Power of Attorney to Thomas E. Coolidge (hereinafter "Power
of Attorney") on December 20, 2002. Thomas E. Coolidge is Coolidge's son.
10. Power of Attorney contends that the decisions to sell Coolidge's real property
and to auction Coolidge's personal property were made by Coolidge. (See letter from
Power of Attorney attached as "Exhibit A").
11. Power of Attorney contends that Coolidge's decisions to sell the real property
and to auction the personal property were made in the Autumn of 2002, before the Power
of Attorney existed. (Exhibit A).
12. Power of Attorney contends that Coolidge has been consistently committed to
seeing her decisions through since the Autumn of 2002. (Exhibit A).
13. Coolidge refused to sign documents that would have given power of attorney
to Thomas E. Coolidge in the Autumn of 2002.
14. Petitioner avers that Coolidge has not been c6mpetent to make decisions
pertaining to her affairs before December 20, 2002.
15. In April of 2003 Coolidge was diagnosed with dementia and as suffering
from serious deterioration in cognitive and intellectual function. (See letter from J. Craig
Jurgensen, M.D., attached as "Exhibit B").
16. Petitioner believes and therefore avers that Coolidge suffered from dementia
prior to December 20, 2002, and Coolidge was therefore unable to make a knowing and
intelligent grant of power of attorney.
17 Petitioner is concemed that Coolidge has not made the decisions to sell her
real property and to auction her personal property.
18. Petitioner is concerned that Power of Attorney has coerced Coolidge into
making the decision to sell her real property and to auction her personal property.
19. Petitioner is concerned that Power of Attorney has made other decisions that
are contrary to the testamentary intent of Coolidge.
20. In order to allay her concerns and to avoid litigation, Petitioner has made
several requests for information from Power of Attorney. (See letters attached as
"Exhibit C")
21. It has been requested that Power of Attorney deliver a complete accounting of
all real property that is to be auctioned on November 13, 14, 2003. Power of Attorney
has refused or has been uncooperative with this request.
22. It has been requested that Power of Attorney deliver an accounting of his
actions as Power of Attorney. Power of Attorney has refused or has been uncooperative
with this request.
23. It has been requested that counsel for Petitioner be given the opportunity to
meet with Coolidge in an effort to determine whether Coolidge is satisfied with Power of
Attorney and whether Coolidge has in fact made the decisions to sell her real property
and to auction her personal property. Power of Attorney has refused or has been
uncooperative with this request.
24. To date no proof has been provided by Power of Attorney to substantiate his
contentions that Coolidge has in fact directed Power of Attorney to sell Coolidge's home
and to auction Coolidge's personal property.
WHEREFORE, in order to prevent irreparable harm to the estate of the alleged
incapacitated person, Petitioner respectfully requests that a stay be placed upon the
auction of Coolidge's personal property and the sale of Coolidge's real property situated
at 365 Walnut Street, Carlisle, Cumberland County Pennsylvania, and further requests
that a guardian be appointed and be given the express power by this Court to: 1)
determine what Coolidge's intentions are regarding the disposition of her real and
personal property; 2) determine whether Power of Attorney has satisfied his fiduciary
duties; 3) determine whether Coolidge is in fact competent to make decisions regarding
the disposition of her property; and 4) determine whether Power of Attomey's role as
such should be terminated.
Respectfully Submitted,
ABOM & KUTULAKIS, L.L.P.
Dat~ 2 Michael T. Traxler, Esquire
Attorney I.D. No. 90961
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Petitioner
From: Elizabeth To;~ Fax#I-717-249~3344 Date: 1'1/10/200:3 Time: 4:18:10 PM ,, P,age 1 of 1
VERIFICATION
to the I~t ofn~, imo~ ~ ~ belieE I unden~and thst false ~
her~n ate made sub, eot to tim :pmmlt~s of 18 Pa.C.S. § 4904. ~elmina ~o unswom
/
EXHIBIT A
Tf~omas (E. Coo~id'~q~
265 5~,foore£an~ ~venue~
CarFisFe,
7~7-249-$9~8
October 7, 2003
Mr. Jason Kutulakis
Aborn & Kutulakis
36 S. Hanover St.
Carlisle, PA 17013
Dear Mr. Kutulakis:
I am asking Mr. James Flower, Jr., ("Jim Flower") who as you know represents my brother,
Philip, and me, to forward to you this letter which I write in response to your letter to me dated
September 30, 2003 ("September 30th").
First, let me acknowledge that ! understand, from a recent conversation Jim Flower had with one
of your associates, that Julia has expressed a concern about whether my mother still has the
capacity to make decisions for herself. As my sister may have told you, my mother experienced
unsteadiness in her walking in a Green Ridge Village hallway on her way to dinner on February
4, 2003. This prompted a series of doctor visits and tests. February 4, 2003 is an important date
as it marks the separation of the time before the event when no one inside or outside of the
family expressed to me, or to the best of my knowledge anyone else, any concerns about my
mother's mental abilities, and the time after the event when changes in my mother's health,
particularly in the period immediately after the event, gave heightened and understandable
concern to many, myself included. While tests subsequent to the event disproved my mother's
thought that she might have had a stroke, they did reveal that she has degenerative brain disease.
This has been broadly shared with family, including Julia, as well as my mother's caregivers and
advisors. Regrettably none of my mother's former ncighbors and friends visits her often. I have
spoken with a number who did visit her after the event when mother was not herself. While we
now understand my mother's physical abilities will remain diminished, I am pleased to say that
her mental abilities have rebounded nicely from the more difficult weeks just after the event, and
now on many more days than not she is alert and her thinking is sound. Indeed, I understand
from the professionals at Green Ridge Village that they now note my mother doing such things
as watching the stock market news on CNBC and otherwise engaging with them in ways
consistent in their context with sound abilities. And, I am comforted by knowing that she
remains in the care of a legal advisor and family physician that have known her for many years.
Neither of these profbssionals at any point in time has expressed to me any concern about the
soundness of my mother's mind. Indeed, to the contrary, both, even in their most recent
interactions, have expressed confidence that my mother possesses the capacity to make the
decisions she is making. I will continue to rely upon their expert advice as primary guidance.
We continue to pay great attention to my mother's physical and mental health, with a fbcused
eye on making sure that at the time she makes any decision, she is competent to do so. In any
case, neither my mother nor I made any decisions on other than routine matters during her post-
event difficult days.
While my mother does not have a need at this stage in life to make many decisions, please know
that she is as a rule continuing to make her own, as she wishes, either alone or in consultation
with those she chooses. The decisions to sell the 365 Walnut Street house and land, and to
distribute the personal property remaining in that house that she wishes to dispose of at this point
in time, were made by my mother, not by me. Let me emphasize these decisions were made by
mother in the autumn of 2002, not recently. She has been consistently committed to seeing these
decisions through since she made them.
It is my custom, in my role as my mother's Power of Attorney, to run communications that I
send on behalf of my mother past her twice before sending them to make sure I am properly
capturing her wishes. That was the case with my letter dated September 23, 2003 ("September
23~"t"), to my brother and sister. Similarly, I keep my mother informed of communications I
receive regarding her affairs. I now have reviewed word-by-word with my mother your letter to
me dated September 30th, and have reviewed with her, and my brother, this reply.
Your letter of September 30th requests that I provide you with five things.
The Power of Attorney is a document I feel free to share myself. The sales agreement with the
Gabigs for 365 Walnut Street I consider a document that prior to filing should be distributed only
in accordance with my mother's wishes. I have discussed this with her and, inasmuch as both
the Power of Attorney and the sales agreement in time will be public documents, we are happy as
a courtesy to provide you with these now in advance. I will ask Robert M. Frey or Robert G.
Frey, who represent my mother, to forward a copy of each of these documents to you.
Your next two requests seek information my mother considers private, and which she wants you
to know she already has shared as broadly as she wishes. Moreover, my mother wants all to
know that she intends for so long as she is able to continue to decide for herself to whom and to
what extent she wishes to share personal information. I will continue to honor her wish that the
privacy of her personal affairs be respected for so long as that remains her wish. As I reviewed
with my mother the draft of what resulted in my September 23''d letter, she felt it appropriate to
volunteer the conclusion of the Appraisal Report by Larry E. Foote that I had had conducted on
her behalf. You will recall in my September 23a letter I say, "Earlier this year I had Larry E.
Foote, a Certified General Appraiser at Diversified Appraisal Services, conduct an independent
appraisal. Mr. Foote's sales approach final value conclusion is $176,000." We confirm the
accuracy and truthfulness of those statements. My mother considers your fourth request, for "a
complete accounting of all the personal property contained in the estate, including but not limited
to, the personal property remaining in your mother's home", to be presumptuous. My mother is
very much alive, and expresses surprise at your use of the term "estate" and the suggestion that
an accounting of her personal property or other affairs at this point in time is due anyone.
With respect to your fifth request, regarding the date of the auction, Rowe's Auction Service just
yesterday advised me the auction is now set for Thursday, November 13th and Friday, November
14th. The plan as I understand it from Ben Rowe's voice mail is for the modem merchandise to
be auctioned on the Thursday evening, and for the antiques and collectibles to be auctioned
during the day on Friday.
I now understand from Jim Flower's checking with you that the references in your letter of
September 30th to the "19th century grandfather clock" should instead be to the "banjo clock". I
cannot speak to my father's intentions on this issue and, as my father is not alive, cannot check
with him about them. I do know that at one point my mother did, upon her death, intend for the
banjo clock to be among the personal property that passed to my sister. In the period following
my father's death and prior to her naming me as her Power of Attorney, however, my mother
made a number of personal property decisions. Among these, which included her gifting to my
sister additional personal property of commerciai and sentimental value, was a change of her
mind to gift to me the banjo clock. This change of mind is a decision made by my mother and
after the fact confirmed by her personally to her attorney, Robert M. Frey. I can appreciate that
the banjo clock holds sentimental value to my sister, as it does to me and other family members
as well. For this reason, and despite the fact that I find deplorable my sister's uncivil behavior
with me and with Mr. Frey with respect to this issue, 1 have expressed to Jim Flower a
~villingness on my part to join in exploring the possibility of an agreement by which the banjo
clock may pass from me to my sister. Jim is aware of my views on this possibility, and I have
asked him to discuss this possibility with you. I am hopeful a resolution of this difficult issue
can be achieved for the benefit of all, so that an already unfortunate situation can be prevented
from deteriorating further.
Sincerely,
pc: Robert M. Frey, Frey & Tiley, 5 S. Hanover St., Carlisle, PA 17013, Fax 243-6441
James D. Flower, Jr., Saidis, Shuff, Flower & Lindsay, 26 W. High St.,
Carlisle, PA 17013, Fax 243-6486
EXHIBIT B
From: Elizabeth To: atty-atdaw Jason P. Kutulakis Date: 7117/2003 Time: 12:48:50 PM Page 2 of 2
.EL . ER MEDK AL C RPORA'nO
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Voic= qnaUty is normal. Memc~ for mc~nt =~mmts ts demeased. Oct~r exa~ shows slow
tremulous.
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tr~tmcnt ff~at wo~td be useful at this at~g~. She needs full sm.,'=Fsuplx:m for I:mX:wision ofa~fivitiea
of tinily living.
'['hank you very much.
W~/m~y yoma,
J.
EXHIBIT C
I UTULAKIS
ATTO RNEYS AT LAW
October 29, 2003
VIA FACSIMILE (717) 243-6486
Hard copy to follow
James D. Flower, Esquire
26 West High Street
Carlisle, PA 17013
Re: Your Client: Tom Coolidge
Our File No.: 03-203
Dear Jim:
Our client, Julia Coolidge-Stoltz, requests a delay in the auction. There appears to
be no particular urgency in liquidating Mrs. Coolidge's effects. Our client does have a
high degree of concern that there be a full accounting of the home's contents and a
conversation among the three trust beneficiaries about dispersal of personal, particularly
family, items before any auction takes place. The need for delay is especially pressing
because we are now two weeks from the date of the auction (November 13, 14) and still
have no information on what property will be auctioned and what, if any property, will
not be auctioned.
If, despite these concerns, your client wishes the auction to take place as scheduled,
we respectfully request the following be forwarded to our office no later than the close of
business on Wednesday, November 5, 2003.
1. A complete accounting of all actions taken that have changed the Coolidge trust
in any way from its format or content when lVlrs. Coolidge lived at home and
independently during the summer of 2002, especially any change that affects or
has affected disposition of real and personal property owned by Eleanor Coolidge.
2. An inventory of all personal property owned by Eleanor Coolidge that will be
placed for attction on November 13 and 14, 2003.
3. An inventory of all personal property owned by Eleanor Coolidge that will not be
placed for auction. This would include all items determined not to have
conmaercial value, such as photo albums, portraits, and other items having only
sentimental value. In addition, please provide an indication of when and how
your client would distribute these items among the Coolidge siblings.
36 SOUTH HANOVER STI'..EI-2T
CAILLISLE, PA 17013 106 WALNUT STIU~;ET
(717) 24%0900 HAJUUSBUI¢C, PA 17101
F~xx (717) 249-3344 (717) 232-9511
If your client chooses to maintain the current auction dates and we have not
received the requested items by the above-mentioned deadline, our client has indicated a
willingness to take the necessary steps to obtain a stay o£the scheduled auction and a
court ordered audit of your client's actions as Trustee of the Coolidge Trust and as
Eleanor Coolidge's Power of Attorney.
If your client has acted with prudent judgment, as stated on numerous occasions.
there should be no reason not to provide the information requested above. We sincerely
hope that no further action will be necessary.
Thank you for your anticipated cooperation in this matter.
Very truly yours,
ABOM & KUTULAKIS, L.L.P.
Michael T. Traxler
k u.'°M &' :
TULAKIS
ATTOICNEYS AT LAW
September 30, 2003
Thomas E. Coolidge
265 Mooreland Avenue
Carlisle, PA 17013
Re: Our File No.: 0J:203
Dear Mr. Coolidge:
Please be advised that our law fitxn represents your sister, Julia' Coolidge-
Stolz, regarding your mother's estate. This will confirm receipt of your
September 23, 2003, correspondence wherein you indicate that you are
prepared to make distribution of fine various assets in the estate. I would like to
have the opportunity to discuss this case and how we may reach an amicable
resolution at your very earliest convenience. Kindly contact me at my Carlisle
office as soon as possible.
Kindly provide me a copy of the Power of Attorney, which has been
drafted by Robert Fry, Esquire, providing you Powers of Attorney on behalf of
your mother. Additionally, kindly provide me with a complete accounting of all
the personal property contained in the estate, including but not limited to, the
personal property remaining in your mother's home. Also, please provide me a
copy of Larry E. Foote's market value appr,'dsal of the 365 Walnut Street home.
Lastly, kindly provide me a copy of the sales agreement that you have with the
Gabigs for the purchase of the estate home.
In your September 23, 2003, correspondence, you indicated that you
have contacted Rowe's Auction Set,rice. I,Zindly provide me with any
information you have regarding the date in which you anticipate holding the
auction in this case.
Lasdy, Julia has grave concerns over the fact that you are now in
possession of the 19"' century grandfather clock. She insists that your father
and mother desired her to have this grandfather clock. It holds extreme
36 ~qOIlTH HANOVEg STREET
CAIkL1SLE, PA 17013 106 WALNUT STIU~ET
(717) 249-0900 HAR1LISBURG, PA 17101
Fax (717) 24%3344 (717) 232-9511
Thomas E. Coolidge
September 30, 2003
Page 2
sentimental value to her and she does desire to have it. I would like to discuss
with you the possibilities of entering into an agn_'eement so that she may take
possession of that clock.
I look £orvcard to discussing this matter xvith you in the very near future.
Very truly yours,
ABOM & KUTULAKIS, L.L.P.
!,
Jaso~ P. Kumlahs
JPK/rdr
Cc: Julia Coolidge-Stolz
CERTIFICATE OF SERVICE
AND NOW, this/,ff'~-'day~-- of November 2003, I, Michael T. Traxler, Esquire, of
Abom& Kumlakis, L.L.P., hereby certify that I did serve a tree and correct copy of the
foregoing PETITION FOR EMERGENCY APPOINTMENT OF GUARDIAN upon the
following:
VIA HAND DELIVERY
James D. Flower, Jr., Esq.
26 W. High St.
Carlisle, PA 17013
Robert G. Frey, Esq.
5 South Hanover St
Carlisle, PA 17013
ABOM & KUTULAKIS, L.L.P.
Mi[hael T. Traxl~r
36 South Hanover Street
Carlisle, PA 17013
Attorney for Petitioner