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HomeMy WebLinkAbout10-05-04 IN RE: ELEANOR U. : IN THE COURT OF COMMON PLEAS OF COOLIDGE, : CUMBERLAND COUNTY, PENNSYLVANIA DECEASED. : ORPHANS' COURT DIVISION : NO. 21-03-936 : JURY TRIAL DEMANDED ANSWER TO RULE TO SHOW CAUSE AND NOW come Respondents, THOMAS E. COOLIDGE and PHILIP W. COOLIDGE, through their Attorneys. SAIDIS, SHUFF, FLOWER & LINDSAY, and make the following answer to the Rule to Show Cause whether the relief requested in Petitioner's Motion for Trial Continuance and Motion for Reconsideration of Court's Denial of Petitioner's Request for a Jury Trial should be granted: I Admitted -~ 2. Admitted. -~ 3. Admitted. 4. Admitted. :~ ~ 5. Admitted. 6. Admitted. These paragraphs are incorporated by reference. 7. Admitted. SAIDIS SHUFF, FLOWER 8. A. Respondents have no personal knowledge as to whether & LINDSAY these records have been produced but accept the representation of Petitioner's counsel that they have not. B. Denied. Respondents believe and therefore aver thai sufficient evidence has been presented to resolve this matter, more specifically the testimony of Eleanor U. Coolidge herself (November 17, 2003) the testimony of Robert M. Frey, Esquire (March 29, 2004) of geriatric psychiatrist, Herbert E. Myers, M.D. (September 21, 2004) and Joseph M. Brazel, M.D. (September 29, 2004), both of whose testimony has been taken by video taped deposition and of Thomas E. Coolidge (March 29, 2004), and, consequently, that the records are not necessary for resolution of this case. C. Denied. Even after review of all medical records, Bruce H. Price, M.D., who never met Eleanor U. Coolidge, or much less treated her, and who has no personal knowledge of her mental state as of the date she signed her Will on December 8, 2003, or on any other day will not be able to provide admissible relevant expert testimony to a reasonable degree of medical certainty D. It is admitted that Petitioner has produced a letter from Bruce H. Price, M.D., dated September 16, 2004, indicating that he is not available for trial until December 2004, but preferably January or February of 2005. Respondents for judicial economy will present the testimony of their expert witnesses by videotaped deposition. Petitioner has the option to present the testimony of Bruce H. Price, M.D. by videotaped deposition or by video conference deposition. Respondents' counsel stands ready to travel to Massachusetts prior to the hearing scheduled on October 13, 2004, and take the videotaped deposition of Bruce H. Price, M.D., with each party responsible SAIDIS SHUFF, FLOWF. R for its own travel expenses. Taking Petitioner's expert's testimony in such a fashion al & LINDSAY 26 W. High Street his convenience, possibly even in the evening or on the weekend, aids judicial economy and should make it possible to obtain this testimony prior to the scheduled hearing date. Alternatively, Respondents respectfully request the Court conside~ proceeding on October 13, 2004 to take the testimony of all named witnesses othe~ 2 than Bruce H. Price, M.D., whose testimony for judicial economy could be taken at a later date by deposition. It is believed that the testimony of all witnesses other than Dr. Price is independent of the medical records counsel for Petitioner cites as a basis for requesting this continuance. The October 13, 2004 hearing date was set by the Court on or about July 30, 2004, more than two months ago. Respondents, and, Respondents suggest, probably other witnesses as well, made necessary adjustments in their business and personal calendars to make themselves available for the October 13, 2004 hearing. Proceeding in this alternative manner would permit the Court to take the testimony of witnesses whose testimony is independent of medical records without necessitating further schedule rearrangement and inconvenience. E. Denied. Even with the records, the opinion of Bruce H. Price, M.D., will be pure speculation, in the absence of the ability to examine Eleanor U. Coolidge and the absence of any personal knowledge of her mental state on the day she signed the Will. 9. Denied. The administration of the Estate of Eleanor U. Coolidge is well advanced and can be completed in the near future. The Beneficiaries will be prejudiced by the delay in administration. MOTION FOR RECONSIDERATION OF DENIAL SAIDIS OF REQUEST OF JURY TRIAL SHUFF, FLOWER & LINDSAY ATrORN]EYSeAT.LAW 26 W. High Street Carlisle, PA 10. Admitted. These paragraphs are incorporated by reference. 11. Admitted. 3 12. it is admitted that this is Petitioner's request. For the reasons set forth in Respondent's memorandum, a jury would not have the benefit of observation of the testimony of Eleanor U. Coolidge offered to this Court at an earlier hearing, and therefore would not be in a position to arrive at an informed verdict based upon personal observation of the full range of testimony. MOTION FOR A COURT TO ORDER RELEASE OF MEDICAL RECORDS 13-16. Because Respondents do not oppose a Court Order for release of medical records, although they maintain that they are not relevant, a response to allegations 13 through 16 are not required. WHEREFORE, Respondents request that Petitioner's Motion for Continuance and Motion for Reconsideration of Denial of Petitioner's request for a jury trial be denied. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Respondents ~' ¥'~a~nes D. Flower, Jr., Es~r(~k. 1 SAIDIS ~ 26 West High Street ~'~ Sl]OFF, FLOWER Carlisle, PA 17013 & LINDSAY (717) 243-6222 ATTOR~"AT"LAW I,D. # 27742 26 W. High Street Carlisle, PA 4 VERIFICATION I, THOMAS E. COOLIDGE, the undersigned, hereby verify that the statements made in the Answer to Rule to Show Cause herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Thomas E. Coolidge SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA