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HomeMy WebLinkAbout12-22-04 IN RE: · IN THE COURT OF COIvlMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA ELEANOR U COOLIDGE, · ORPHANS' COURT DMSION DECEASED · NO. 21-03-936 · JURY TRIAL DEMANDED ANSWER ~ 'O RULE TO SHOW CAUSE WHY CONTINUANCE SHOULD NOT BE GRANTED AND IOW, come Respondents Thomas E. Coolidge and Philip W. Coolidge through their Lttomey Saidis, Shuff, Flower & Lindsay make the following Answer to Rule to Show Cause issued by The Honorable J. Wesley Oler: o?~O 1. A~ mitted, to r~-.~ 3. A~ mitted. 4. A~ nitted. 5. a. Denied as stated. Petitioners and Respondents have received the record~ of th Carlisle Hospital, J. Craig Jurgenson, M.D., Joseph F. Brazel, M.D. and[ G ,~en Ridge Village Nursing Home. The Green Ridge Village Nursing Home re :ords include records of the Chambersburg Hospital relating to Eleanor U~ C ,olidge's brief admission for treatment of depression on November 26, 2002. It is admitted that there are some additional records from Chambersburg SAIDI$ H )spital which go back to a brief admission in July 2002 and one admissim SHUFF, FLOWER & LINDSAY e~ dier than that. It is suggested by Respondents that records of July 2002 and ATrORNEY$,ATq. AW 26 W. High Street carlisle, ~^ e~ lier are so remote as to be irrelevant. The records which Petitioner has o~the a~ nission of November 26, 2002 should be sufficient to establish her state bf ~r [nd and psychiatric condition as that date. All records more recent than that ha,~: been produced. Moreover, the videotaped depositions of Eleanor U. Col .lidge's primary treating physician Joseph M. Brazel, M.D. and Herbert M, ,-rs, M.D., the psychiatrist who witnessed Eleanor U. Coolidge's will, hax~e . be a taken and are available to present at the hearing. Respondents have cot ~erated in the release of the medical records to Petitioner, and have in fact aul ,rized the release of such records since March 2004; b. Denied as stated. As set forth above, Petitioner has received the records CE nbersburg Hospital relating to the admission of November 26, 2002. T~[e on y records not yet received are records of July 2002 and earlier. In suppor of the lack of relevance of these old records, Respondents bring .the Court's . att ration to the fact that Petitioner was prepared to take her mother, EleanoriU. Ct olidge, to Robert M. Frey's office in July 2002, and apparently had no 'qr ~stion at that time that her mother had testamentary capacity. (Transcript Of th March 29, 2004 Heating, Page 22) The Court directed Chambersburg H spital to release its records by Order of September 28, 2004 and Petitioner hz had the power to enforce that Order and to obtain these records, but ha,si fa ed to move forward and do so. Petitioner should enforce this Order pi mptly to prevent further delay; SAIDIS c. It is admitted that the Green Ridge Village Nursing Home records wereI SHUFF, FLOWER & LINDSAY r~ :eived by Petitioner on or about December 13, 2004, and Petitioner has had ATrORI~YS*AT.LAW 26 W. High Street ' ' ' 'S Carlisle, PA 1t2 ~ple opportunity to have these rewewed by Petitioner expert; d Respondents do not dispute that Petitioner has obtained a new expert. 1~ espondents are without sufficient knowledge or information to form a belief a to Petitioner's reasons for obtaining a new expert. -Respondents suggestithat Pe itioner should have checked with Dr. Wettstein and should have ascertai~ ed th~ t he would not be available on the date of the hearing before making a de ision to engage this expert. e. After reasonable investigation, Respondents are without sufficient kr )wledge and information to form a belief as to whether Dr. Wettstein will be m of the country during the dates scheduled for the hearing; f. Denied as stated. Dr. Wettstein should have received the records of Green R [ge Village Nursing Home shortly after December 13, 2004, and should have h~ d ample time to review them and provide a report for Respondents review b ..fore the hearing. It is denied that the records of Chambersburg Hospital Of J~ ly 2002 and earlier dates are necessary for Dr. Wettstein to review to arrive at a. opinion; g Denied as stated. Respondents do not believe that Dr. Wettstein should n :ed to interview lay witnesses who had a relationship with Eleanor U. )olidge in order to form an opinion in this case. 6. As set forth above, Respondents have no knowledge as to whether or not Dr. rettstein will be out of the country on the date of the hearing. Respondents den that he needs the remote records of Chambersburg Hospital of July 20021and ~ bet5 'e, since he has available to him the records of Chambersburg Hospital for the SAIDIS SHUFF, FLOWER & LINDSAY adm ~.sion of November 2002 and has the Green Ridge Village Nursing Home KITORNEYSoAT*LAW 26 W. High Street Carlisle, PA rec(~ ts. 7. It is admitted that Dr. Brazel's medical records may not have been delivered to P ,~titioner until September 29, 2004. By way of further answer, however, Dr. Bra :el's records were available at the deposition, he referred to those recordsi and Petitio~ ~er's counsel had an opportunity to review any of those records which he felt to be r~ levant on the date of the deposition. 8. )enied. There is certainly no need to take Dr. Brazel's deposition a sec°rtd time. espondents will oppose any effort to do so as an attempt to simply prolong this lil gation. WltE ~EFORE, for all the foregoing reasons, Respondents request that this CoUrt deny the cunt! mance of the hearing date scheduled on December 27, 2004 and December 29, 2004. Irt e Court should elect to reschedule this hearing, which is in the Court's discretion, Re ;pondents wish to advise the Court that in the January and February time frame, Philip 7q. Coolidge will be unavailable January 6, 2005 and January 7, 2005, and that Thomas !. Coolidge will be unavailable the weeks of January 17, 2005 and Febmary 14,2005. Respectfully submitted, Saidis, Shuff, Flower & Lindsay SAIDIS - '( Ja~;'~ b. Flower, Jr.,'Esquire {0i SHIJFF, FLOWER 'X~omey ID#27742 & LINDSAY 26 West High Street A~roR~S.^T.t~w Carlisle, Pennsylvania 17013 26 iV. High Street Carlisle, PA Phone: 717.243.6222 Fax: 717.243.6510 Attorney for Respondents 4 VERIFICATION I, 7 ~omas E. Coolidge, the undersigned, hereby verify that the statements made in the ANSWER D RULE TO SHOW CAUSE WHY CONTINUANCE SHOULD NOT BE GRANTED, herein are :ue and correct. I understand that false statements herein are made subjeet to the penalties o:18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ~ Date: Thomas E. Coolidge SAIDIS SHUFF, FLOWER & LINDSAY ATTORh~YS*AT*LAW 26 W. High Street Carlisle, PA IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ELEANOR U COOLIDGE, : ORPHANS' COURT DIVISION DECEASED : : NO. 21-03-936 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE aay of x/~/-4d, gt/.d.~ , 2004, I, ^ae~e H. C~oup, h~reby certify that I ~,ed a mae and correct copy of the foregoing ANSWER TO RULE TO SHOX~ CAUSE WILY, ONTINUANCE S}IOULD NOT BE GRANTED via United States Mail, first-ch postage prepa d addressed as follows: R. Mark Tho~ has, Esquire 101 South M~ rket Street Mechanicsbu :, PA 17055-3851 Saidis, Shuff, Flower & Lindsay, SHUFF, FLOWER Rv: · & LINDSAY Adele H. Group ATFORNI~ySoATeLAW 26 W. High Street Carlisle, PA