Loading...
HomeMy WebLinkAbout03-24-04 IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ELEANOR U. COOLIDGE : ORPHANS' COURT DIVISION : NO. 21-03-936 PETITION FOR PRELIMINARY INJUNCTION Petitioner, Julia Coolidge-Stolz, by the undersigned counsel, petitions this Court for a preliminary injunction pursuant to Pa.R.C.P. 1531, and in support thereof respectfully represents the following: 1. Petitioner Julia Coolidge-Stolz is an adult individual residing at 2 Gillis Drive, North Reading, Massachusetts 01864. 2. Respondent Thomas E. Coolidge is an adult individual residing at 265 Mooreland Avenue, Carlisle, PA 17013. 3. Respondent Phillip Coolidge is an adult individual residing in the State of Florida who is currently in Carlisle, PA due to his mother's terminal illness and imminent death. 4. Petitioner and Respondents are the only issue of Eleanor Coolidge who is terminally ill and her death is imminent. 5. Attached hereto as Petitioner's Exhibit "A" is a Petition for Appointment of Emergency Guardian which was previously filed on or about November 12, 2003. 6. Following a brief and incomplete hearing conducted on November 17, 2003 on the .P. etition f~ Appoi~ment of Emergency Guardian the matter was continued with a Court Order that the~ecord ~Uld remain open. A copy of this Order is attached hereto as Petitioner's Exhibit "B". ,~ 7. At issue in the Petition for Appointment of Emergency Guardian was the granting of a durable broad Power of Attorney dated December 20, 2002 from Eleanor Coolidge to her son, Respondent Thomas E. Coolidge. 8. Specifically, Petitioner challenged the validity of the Power of Attorney on the basis that she believed that her mother lacked the mental capacity to knowingly and intelligently appoint Thomas E. Coolidge as her Power of Attorney, or in the alternative, her mother's mental and emotional faculties were so impaired that her own wishes were overborne by pressure applied by her son, Respondent Thomas E. Coolidge that although she signed the Power of Attorney she did not do so willingly. 9. Respondent Thomas E. Coolidge, by his own words and actions has caused Petitioner to believe that he is using the Power of Attorney for his own benefit. 10. Respondent Thomas E. Coolidge has admitted to Petitioner that he has made testamentary and inter vivos gift "changes" since being appointed as his mother's attorney-in- fact and has boldly told Petitioner that she can do nothing about those changes. 11. When asked to explain Respondent Thomas E. Coolidge refuses to state clearly what he meant by "changes" 12. Despite requests made by Petitioner regarding his actions as Power of Attorney Respondent Thomas E. Coolidge, to provide information which would either allay or confirm her concerns that Respondent Thomas E. Coolidge is exercising the Power of Attorney to his own personal benefit and to the detriment of Petitioner. 13. The value of Eleanor Coolidge's estate is likely to exceed two million ($2,000,000.00) dollars and the testamentary plans of Eleanor Coolidge and her deceased husband were that they leave each of their three (3) children a substantially equal share of their combined estate. 14. Based upon actions taken and statements made by Respondent Thomas E. Coolidge, Petitioner believes and therefore avers that Respondent Thomas E. Coolidge, in concert with Respondent Phillip Coolidge, has altered the testamentary plans of Eleanor Coolidge such that Petitioner will be deprived of the inheritance which Eleanor Coolidge and her deceased husband intended she receive. 14. Such actions taken and statements made by Respondent Thomas E. Coolidge include the following: (a) having Eleanor Coolidge execute a Power of Attorney appointing him as her attorney-in-fact by exerting undue and coercive influence on her when she was either mentally frail or lacked the mental capacity to grant such powers; (b) admittedly granting himself an antique banjo clock as an inter vivos gift from his mother which had previously been designated in writing to be given to Petitioner; (c) withholding various valuable items from a public auction of his mother's personal property and refusing to account for these items; (d) refusing to make available certain medical records which would tend to prove Eleanor Coolidge's lack of mental capacity as of December 20, 2002, the date on which he acquired Power of Attorney over her affairs; (e) alienating Petitioner from her mother and preventing Petitioner from either visiting her mother for the past year or having access to information concerning her mother's then current medical condition; (f) advising Petitioner that "he" had made certain changes in reference to Eleanor Coolidge's estate and that Petitioner would not be able to do anything about the changes; and (g) refusing to either allay or confirm the concerns he had caused Petitioner by his actions and statements. 16. Due to the imminent death of Eleanor Coolidge, the Petition for Appointment of Emergency Guardian will be, upon the death of Eleanor Coolidge, converted or refiled as a challenge to the testamentary capacity of Eleanor Coolidge with respect to any Will executed by Eleanor Coolidge after her husband's death or with respect to any powers of appointment exercised by Eleanor Coolidge after her husband's death in 2001. 17. It is believed and therefore averred that relevant and probative evidence concerning Eleanor Coolidge's mental capacity at the relevant time periods can be ascertained through the performance of a partial autopsy limited to brain tissue following her death. 18. An autopsy of the brain tissue would also provide valuable medical information for Petitioner and her son, as well as for Respondents and their children as evidenced by the attached letters of Bruce H. Price, M.D. and Barry E. Kosofsky, M.D., Ph.D. (The letters dated January 13, 2004, March 22, 2004 and March 23, 2004 are attached hereto as Petitioner's Group Exhibit "C"). 19. As indicated in the January 13, 2004 letter of Dr. Price, an autopsy could identify "pre-symptomatic genetic or other biological markers sensitive and specific enough to offer predictive value for her children at this time." 20. As indicated in the March 22, 2004 letter of Dr. Kosofsky, "there is no better way to pursue an understanding of Eleanor Coolidge's neurologic condition, and hence, its possible ramifications for her children or grandchildren." 21. The partial autopsy of brain tissue would provide: (a) relevant medical evidence regarding Eleanor Coolidge's mental impairment with respect to the relevant dates at issue in the underlying Petition for Appointment of an Emergency Guardian; and (b) provide valuable medical information for each of the parties and their children. 22. Respondents Thomas E. Coolidge and Phillip Coolidge have refused to agree to allow a limited autopsy of Eleanor Coolidge's brain unless Petitioner agrees to stipulate that the results of the autopsy and relevance of those results would not be admissible as evidence in any litigation regarding the settlement of the estate of Eleanor Coolidge. 23. Respondents, through their counsel, have advised Petitioner that they intend to have Eleanor Coolidge's remains cremated immediately following her death. 24. Cremation of the remains of Eleanor Coolidge without the benefit of the autopsy requested would work irreparable harm to Petitioner in that it would deprive Petitioner of the following: (a) relevant evidence that would assist the court in resolving the issues of Eleanor Coolidge's mental capacity on the dates in question for purposes of litigation; and (b) medical information which would help her and her son's treating physician's diagnose and prescribe treatment for their current neuropsychiatric conditions. 25. Such medical information would also be of benefit to Respondents and their children. 26. The granting of a Temporary Restraining Order, precluding cremation of the remains of Eleanor Coolidge until a hearing can be held would, if the Court ordered the autopsy requested, preserve the status quo inasmuch as it would prevent the destruction of evidence relevant to issues of litigation pending before this Court. 27. Respondents will not suffer any appreciable harm if the preliminary injunction in the form of a Temporary Restraining Order is granted. 28. Respondent Thomas E. Coolidge's past conduct is actionable. 29. Petitioner has no adequate remedy at law for the requested relief. 30. Petitioner believes and therefore avers that she is likely to succeed on the merits of her claims provided she has access to the evidence which now exists to support her claims. 31. Due to the imminent death of Eleanor Coolidge and Respondents' plans to have her remains immediately cremated there is insufficient time for written notice and hearing prior to the entry of the Temporary Restraining Order. WHEREFORE, Petitioner requests this Court to enter a preliminary injunction in the form of a Temporary Restraining Order without written notice and hearing and a rule to show cause in the form attached to this petition. R. Mark Thomas, Esquire 101 S. Market Street Mechanicsburg, PA 17055 (717)796-2100