HomeMy WebLinkAbout01-13-04
November 17, 2003
2 In Chambers
3 9:47 a.m.
4 THE COURT: This is the time and place for a
5 hearing on a petition for appointment of emergency guardian
6 in the matter of --
7 MS. COOLIDGE: I can't hear you.
8 THE COURT: -- Eleanor U. Coolidge at No.
9 21-03-936 Orphans' Court. We will let the record indicate
10 that counsel for the Petitioner, who is Ms. Coolidge's
11 daughter, Julia Coolidge-Stolz, is present in the person of
12 Jason P. Kutulakis, Esquire. Counsel for the
13 attorney-in-fact for Eleanor U. Coolidge is present in the
14 person of James D. Flower, Jr., Esquire. And counsel for
15 Eleanor U. Coolidge is present in the person of Robert
16 Frey, Esquire.
17 We will let the record further indicate that
18 the Court is convening in chambers pursuant to an agreement
19 of counsel to initially hear the testimony of Eleanor U.
20 Coolidge. Mr. Kutulakis, are you calling Ms. Coolidge as a
21 witness?
22 MR. KUTULAKIS: The Court's indulgence.
23 THE COURT: Mr. Frey.
24 MR. KUTULAKIS: I'll go ahead.
25 THE COURT: Ail right. We need to swear the
1 witness in. Would you raise your right hand, please?
2 MR. FREY: We won't be able to.
3 THE COURT: Ail right. We'll accept your
4 left hand. And the Bible is right there.
5 Whereupon,
6 ELEANOR COOLIDGE
7 having been duly sworn, testified as follows:
8 EXAMINATION
9 BY MR. KUTULAKIS:
10 Q Ma'am, hi. My name is Jason.
11 A Yes.
12 Q And I represent Julia today.
13 A Okay.
14 Q It's nice to meet you.
15 A Nice to meet you.
16 Q If at some point in time I ask you something,
17 and you can't hear me --
18 A Yes.
19 Q -- please tell me.
20 A Okay.
21 Q Or if I don't express myself very clearly --
22 A Okay.
23 Q -- please just tell me.
24 A Okay.
25 Q Okay. Can you tell me just -- I want to ask
3
1 you some background. Where do you live now?
2 A Carlisle.
3 THE COURT: First, may we have your full
4 name? Your full name?
5 THE WITNESS: Eleanor Coolidge. Coolidge is
6 C-o-o-l-i-d-g-e.
7 BY MR. KUTULAKIS:
8 Q Where do you currently live?
9 A Green Ridge Village.
10 Q Where is that?
11 A It's near Newville.
12 Q Do you know how long you've been living
13 there?
14 A Over a year.
15 Q And you have some children?
16 A Three children.
17 Q What are their names?
18 A My son, Tom. And my oldest son, he's Philip
19 And my daughter, Julia. It's just the three of them.
20 Q Julia is the youngest of the three?
21 A Yes, right. Right.
22 Q Do you understand why we're here today?
23 A Yes, I do.
24 Q Can you tell me?
25 A I can't express it right. I understand my
1 daughter is suing me. Not me -- okay.
2 Q Julia wanted me to express to you that you
3 haven't done anything wrong to be here today.
4 A Okay. Okay.
5 Q That was very important.
6 A Okay.
7 Q Do you understand that?
8 A Yes. I understand.
9 Q Recently, are you aware that your residence
10 at 365 Walnut Street was sold?
11 A What?
12 Q Your home was sold. Do you understand that?
13 A Right.
14 Q Did you know that?
15 A Yes.
16 Q Do you know why it was sold?
17 A It needed to be sold. My husband -- we
18 needed it sold. You express it a little bit better --
19 Q Sure. The question is, do you know why it
20 was sold?
21 A It was needed for the money.
22 Q And whose decision was it to sell the house?
23 A My husband and mine.
24 Q Is your husband currently alive?
25 A No, he's not living. He died over in 2001.
5
1 Q In 20017
2 A Yes. I didn't think it was -- he died.
3 Q And you're also aware that some of the
4 personal items, furniture and items in the home were also
5 sold?
6 A I did sell them. I'm aware of that.
7 Q And do you know why those items were sold?
8 A Sold for the money.
9 Q And who decided to sell those items?
10 A My husband and I.
11 Q When did you discuss and decide with your
12 husband to sell the home?
13 A I don't know the date. Over time.
14 Q Before you came here today, did you discuss
15 the details of today's hearing with anybody?
16 A No.
17 Q You didn't talk to anybody?
18 A No.
19 Q You didn't talk to Tom?
20 A No.
21 Q Let me ask you a little bit about your
22 desires and what you would like, okay?
23 A On my -- okay.
24 Q What you personally would like?
25 A Okay.
1 Q Would you like to continue to have visitors
2 come see you?
3 A Yes, sure.
4 Q Is there anybody that you would not like to
5 visit with you?
6 A My daughter.
7 Q Okay. You don't want Julia to?
8 A No, I do not.
9 Q Can you tell us why?
10 A I do not get --
11 Q Take your time.
12 A I don't get along with her.
13 Q You don't get along with her?
14 A No, I do not. We haven't for a long time.
15 Since she was born.
16 Q Okay.
17 A No.
18 Q Is there anybody else that you would not like
19 to visit with you?
20 A No, she's the only one.
21 Q Can you tell me, do you take -- are you
22 taking any medications right now?
23 A No, I'm not.
24 Q Ma'am, I'm going to ask you just a few more
25 questions. Do you recall being hospitalized at the
1 Chambersburg Hospital?
2 A Yes, I do.
3 Q Do you know when that was?
4 A After my husband died.
5 Q How many times were you hospitalized?
6 A A number of times.
7 Q Can you tell us why you were hospitalized at
8 that point in time?
9 A Because I was depressed. Depressed.
10 Q Depressed?
11 A Depressed.
12 Q Okay. For how many -- what length of time
13 were you hospitalized each time, do you know?
14 A A few days each time.
15 Q And that was after the passing of your
16 husband?
17 A Right.
18 Q Do you recall going to the Holy Spirit
19 Hospital recently?
20 A Recently? I wouldn't say --
21 Q Last month maybe?
22 A Yes.
23 Q In October?
24 A I don't know. I can't say that.
25 Q Do you remember going?
1 A To the hospital?
2 Q To the Holy Spirit Hospital?
3 A No, not to the hospital.
4 MR. KUTULAKIS: That's all I have right now.
5 THE COURT: Okay. Mr. Flower.
6 MR. FLOWER: Just a couple questions.
7 EXAMINATION
8 BY MR. FLOWER:
9 Q Mrs. Coolidge, did your daughter visit you
10 often when you were at Green Ridge?
11 A Twice.
12 Q Okay.
13 A Once. About once.
14 Q Ail right. And were those visits, was there
15 anything upsetting about those visits?
16 A Yes, upsetting.
17 Q Okay.
18 A Upsetting.
19 Q And that's why you don't want her to visit?
20 A Right. I do not want her.
21 Q Was there -- have you appointed anyone to act
22 as your power of attorney?
23 A What?
24 Q Did you appoint any of your children to act
25 as your power of attorney?
1 A My son, Tom.
2 Q Okay. And does he now sign your checks and
3 that sort of thing?
4 A Yes, he does.
5 Q Are you content with the service he's given
6 you?
7 A Oh, couldn't be more content.
8 Q How often does he visit you?
9 A Often. Often.
10 Q Every day or two?
11 A Every couple days.
12 Q Every couple of days?
13 A Yes.
14 Q Until you went into Green Ridge, did you
15 write your own checks?
16 A Yes, I did, all of them, yes.
17 Q And you were actually buying and selling
18 stock, too, weren't you?
19 A Yes. I was selling stock.
20 Q Did you have kind of a health reversal about
21 February?
22 A I don't know what time.
23 Q But there was some time after you went to
24 Green Ridge that you got a little worse?
25 A Right, right.
10
1 MR. FLOWER: I think that's all I have.
2 THE COURT: Mr. Frey.
3 MR. FREY: Just briefly.
4 MS. COOLIDGE: Yes.
5 EXAMINATION
6 BY MR. FREY:
7 Q I think you said, but you're not on any
8 medications?
9 A No, I'm not.
10 Q Do you take medications sometimes?
11 A In the morning, the little prevent --
12 Q And the arrangements at Green Ridge
13 Village --
14 A Okay.
15 Q -- are you comfortable with those
16 arrangements?
17 A Yes. Oh, I couldn't be more comfortable,
18 yes.
19 Q Who makes decisions as far as what you're
20 going to wear in the morning?
21 A Everybody.
22 Q Do you make those decisions?
23 A Yes.
24 Q But you need assistance in getting dressed?
25 A Yes.
11
Q Physically?
2 A Oh, yes.
3 Q But do you make those decisions?
4 A Yes, I can.
5 Q And what about what you eat?
6 A Yes. Oh, yes.
7 Q Who makes those decisions?
8 A It's brought down for me.
9 Q That's done for you?
10 A Yes.
11 Q They bring the food to you?
12 A Yes, they bring it to me, and I check it off
13 Q Oh, they bring a menu to you?
14 A Yes. Oh, I'm sorry. Yes. I'm sorry. Yes.
15 Q I understand. You said that your husband an{
16 you decided concerning the sale of your home?
17 A Okay.
18 Q Now Mr. Coolidge is deceased now, is that
19 correct?
20 A Yes, yes.
21 Q So when you say, you discussed that with him
22 what did you mean? When was that done?
23 A Oh, overtime.
24 Q So would that have been the same time you
25 were making plans for your wills?
12
1 A I don't know.
2 Q Okay. So when the two of you discussed that,
3 you were -- was it talking about once you were older --
4 A Older.
5 Q -- and no longer able to live there or what
6 were the discussions?
7 THE COURT: I'm sorry, but I need to break in
8 at this point because there are some juries waiting for me
9 or there is a jury waiting for me. May I just ask a couple
10 of questions of Ms. Coolidge?
11 BY THE COURT:
12 Q How much property do you own?
13 A One home.
14 Q One home?
15 A Yes.
16 Q And about how much money do you have in the
17 bank?
18 A There's two million.
19 Q Two million dollars?
20 A That's about it.
21 Q Ail right.
22 THE COURT: And are counsel in agreement
23 that, that appears to be approximately correct?
24 MR. KUTULAKIS: We're not sure, because it
25 hasn't been shared with us. We do think it's significant.
13
MR. FREY: It's significant.
2 MR. FLOWER: We have shared with them a
3 certain family trust that has several hundred thousand
4 dollars in it. I don't personally know what Mrs. Coolidge's
5 means are, but she has substantial assets.
6 THE COURT: Ail right. And Ms. Coolidge, are
7 you satisfied with your son continuing to act as your power
8 of attorney?
9 MS. COOLIDGE: Definitely. Definitely.
10 THE COURT: Ail right. Thank you. And we'll
11 let you be excused. Thank you very much, and it was very
12 nice to meet you.
13 (Whereupon, Mrs. Coolidge exited the
14 chambers.)
15 (Whereupon, a discussion was held off the
16 record.)
17 (Whereupon, the following Order of Court was
18 entered:)
19 ORDER OF COURT
20 AND NOW, this 17th day of November, 2003,
21 upon consideration of the Petition for Appointment of
22 Emergency Guardian, and following an initial period of
23 hearing, which has not been completed, the record shall
24 remain open, and, pursuant to agreement of counsel, the
25 balance of evidence received in this matter shall be by way
14
1 of deposition.
2 Counsel are directed to notify the Court wheu
3 the final deposition has been filed.
4 By the Court,
5 /s/ J. Wesley Oler, Jr.
J.
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7 (Whereupon, the proceeding concluded.)
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CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
same.
O fici~ourE Reporter
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed
to be filed.
Date ~ J J~esley O1~_~ . ,
16