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HomeMy WebLinkAbout08-30-120 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 (717) 591-1755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: JAMES E. KAUFFMAN, Petitioner and Principal v. BARBARA MURRAY and RICHARD SMITH, Respondents ~ ~» ~ T _ c.`~ w -n _.. ~ ~ .~ r-• r © -~~ r'% ti _ ~ ~~ . .: J _ ._R . _.. ~ ~ fem.. L1 L~ ~~ ORPHANS' COURT DIVISION NO. 2012-846 ANSWER TO RULE TO SHOW CAUSE AND NOW COME, the Respondents, Barbara Murray and Richard Smith and through their attorneys, The Law Offices of Peter J. Russo, P.C. and avers the following: 1. Admitted in part and denied in part. It is admitted that James Kauffinan resides at 4905 East Trindle Road, Mechanicsburg, Pennsylvania which is the business address for Country Meadows Nursing Home. It is denied that he resides in Room 95 as shortly after the filing of the Petition the police were required to intervene in an incident when Mr. Kauffman was at Mrs. Murray's place of business. Once the situation was under control, Mr. Kauffman was transported to Holy Spirit Hospital for holding until Country Meadows Nursing Home could provide a bed in a area secured for residents with cognitive concerns. 2. Admitted. 3. Admitted with qualification. In 1971 Mr. Kauffman married Mrs. Murray's mother, who passed away in March of 2004. 4. Admitted. 5. Admitted with qualification. In 1971 Mr. Kauffman married Mr. Smith's mother, who passed away in March of 2004. 6. Admitted in part and denied in part. It is admitted that the Power of Attorney referenced by Petitioner is correct but there was a subsequent Power of Attorney executed by the Petitioner in 2008. JURISDICTION 7. Admitted. 8. Denied. The averments in paragraph 8 are conclusions of law to which no response is required. 9. Denied. The averments in paragraph 9 are conclusions of law to which no response is required. 10. Denied. The averments in paragraph 10 are conclusions of law to which no response is required. FACTS and ALLEGATIONS 11. Admitted. 12. Admitted with qualifications. It is admitted that Dr. Ratnasamy is one of the doctors providing services to Mr. Kauffman and it is admitted that Mr. Kauffman has dementia related medical issues. By way of further response, there are other doctors who are treating and evaluating Mr. Kauffman including Richard P. Paczynski, M.D. who last performed an evaluation on July 27, 2012. 13. Denied. It is denied that Mr. Kauffman has a full understanding of estate, his sources of income, his ownership of real estate and personal property. While it is admitted that there are times when Mr. Kauffman seems lucid and understanding, there are substantial periods where the inverse is true. 14. Denied. It is denied that Mr. Kauffman is competent to negotiate checks, make decisions concerning his bank accounts, determine his living accommodations and personal decisions as to his welfare. While it is admitted that there are times when Mr. Kauffman seems as though he is capable of these tasks, there are substantial periods where the inverse is true. In fact since the filing of the this Petition, Mr. Kauffman has been in public places pontificating about the allegations in his petition as well as demanding the return of his property in such a manner which required the police to be involved an escort him from the scene. 15. Admitted in part and denied in part. It is admitted that such accounts existed at Members 1St it is denied that Petitioner maintained those accounts on his own. By way of further response, while Mr. Kauffman was free to withdraw money from those accounts, the day to day administration of the accounts were handled by Mrs. Murray. 16. Admitted. 17. Denied. Mr. Kauffinan lived with Mrs. Murray and her family me from June of 2011 to December of 2011. Mr. Kauffman had surgery on December 12, 2011, and thereafter on December 27, 2011 went to Country Meadows for post surgery rehabilitation. 18. Admitted with qualifications. It is admitted that at the request of Mr. Kauffman, several personal items were stored at Mrs. Murray's residence. Additional personal items are stored at a professional storage facility in Dillsburg, Mr. Kauffman paid for the first three months and Mrs. Murray has paid the fees since. 19. Denied. Respondents are unaware of the exact reason for Mr. Kauffinan's visit to Attorney Bach but it is believed the reason was based upon Mrs. Murray's failure to support Mr. Kauffinan's effort to retain his Pennsylvania driver's license notwithstanding the recommendation of medical professionals that his license be revoked. By way of further response, Mrs. Murray was not made aware of the alleged revocation of the Power of Attorney until July 8, 2012 when she received it in the mail from Attorney Bach's office. 20. Admitted in part and denied in part. It is admitted that the documents attached as Exhibit "C" are a revocation of a Power of Attorney and a cover letter. By way of further response, the averments contained in Paragraph 20 refer to a document which speaks for itself and any interpretational gloss placed thereon by the Plaintiff is strictly denied. 21. Admitted in part and denied in part. It is admitted that after a series of bizarre activity, including, but not limited to: a. Mr. Kauffman's seemingly regular cash withdrawals from the Members 1St account; b. Mr. Kauffinan's moving money around to different accounts without reason; c. Mr. Kauffman's announcement that he was moving out of Country Meadows Nursing Home; d. Mr. Kauffman's announcement that he was moving to Mexico; e. Mr. Kauffinan's announcement that he was moving to Florida with a woman; and f. Mr. Kauffinan's announcement that he was buying a mobile home from a friend's (Fredrico) son. All of which caused Mrs. Murray and Mr. Smith became concerned that access to those funds would create the opportunity for Mr. Kauffman to possibly injure himself or someone else. In an effort to thwart his plans, Mrs. Murray and Mr. Smith sought to transfer the money from Members 1St to Metro Bank. Because of the lack of identification for Mr. Kauffman, Mrs. Murray and Mr. Smith could not add Mr. Kauffman's name to the account until they could provide a photo identification. 22. Denied. Respondents have been dedicated to the care of their step-father for years. Mrs. Murray has provided a home without charge to Mr. Kauffman from June of 2011 and stores his possessions at her home and at a commercial facility, again, without cost to Mr. Kauffinan. Mrs. Murray's actions were calculated not to harm Mr. Kauffman but rather to prevent Mr. Kauffman from irreparably harming himself and his status as a resident of County Meadows Nursing Home. If the Court determines that Mrs. Murray's actions were not in the best interest of Mr. Kauffman, she will gladly reimburse her step-father the penalty for the un-matured CDs. 23. Denied. At the time that Respondents moved the money from Members 1 S' Mr. Kauffman was in no condition to be consulted. The financial harm caused by withdrawing un-matured CDs was far less than the harm that would have been created had Mr. Kauffman secured his own apartment as he had planned. 24. Admitted in part and denied in part. It is admitted that when Attorney Sheely learned that the funds had been transferred to Metro Bank that he requested the funds be frozen. It is denied that this action caused the account to be frozen. Upon information and belief, it is averred that Mr. Kauffman was advised the funds were transferred to Metro Bank before retaining Attorney Sheely. Mr. Kauffinan then went to a Metro Bank branch and demanded his money claiming it had been stolen from him. At that point, Metro Bank's internal security team placed a hold on the account. By way of further response, when Mrs. Murray learned of the claims of Mr. Kauffman, through counsel, the local police authorities were notified of the actions leading up to Mr. Kauffinan's claims to Metro Bank. 25. Admitted. 26. Admitted in part and denied in part. It is admitted that the transfers would cause Mr. Kauffman concern as it stopped his plans to seek an apartment. It is denied s e that the transfer was without his consent or authorization given is granting of a Power of Attorney to Mrs. Murray and Mr. Smith. 27. Denied. The averments in paragraph 27 are conclusions of law to which no response is required. 28. Denied. The averments in paragraph 28 are conclusions of law to which no response is required. By way of further response, Respondents are willing to provide a full accounting and Mrs. Murray has stood ready to provide Mr. Kauffman with any item he desires with the exception of anything with a motor, including his motor vehicle but upon the issuance of an Order of Court directing her to provide those items, she would gladly comply with the Order provided Mr. Kauffinan secures auto insurance at an another agency other than the one where she is employed. 29. Denied. The placement of any asset in the name of the either or both of the Respondent was a calculated decision, not to defraud or harm the Petitioner but rather to protect the Petitioner. With respect to Petitioner's personal property, the possession of those assets is not a benefit to Mrs. Murray but rather a benefit to Mr. Kauffman. Mr. Kauffman does not have sufficient room at Country Meadows to store all of the items at Mrs. Murray's home and the storage facility and over the past 6 months, Mr. Kauffman has refused any personal items Mrs. Murray has suggested he use while at Country Meadows. 30. Denied. Respondents incorporate by reference their responses to paragraphs 26 - 29 as though they were set forth herein in their entirety. 0 31. Denied. Respondents by reference their responses to paragraphs 1 - 29 as though they were set forth herein in their entirety. By way of further response, Respondents actions were designed to protect the Petitioner and Petitioner has not been harmed other than not having access to money in order to effectuate his plan to move out of Country Meadows. Additionally it should be noted that Mr. Kauffman continues to have access to the Members 1St account and Mr. Kauffman's Social Security and pension checks are still being direct deposited into those accounts. WHEREFORE, Defendants respectfully request that this Honorable Court deny Petitioner's request for relief, determine that the revocation of the Power of Attorney is VOID and grant Mrs. Murray and Mr. Smith the ongoing right to act as Agents for Petitioner. THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Respondents Peter usso, re ID # 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 Date: ~S ~ 3 n ~ ~ a ,.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: JAMES E. ICAUFFMAN, Petitioner and Principal v. BARBARA MURRAY and RICHARD SMITH, Respondents ORPHANS' COURT DIVISION NO. 2012-846 VERIFICATION I, Barbara L. Murray verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ~ o~ q a d ~a ~~/~~~~ ~/ Y ~~.C~/I.Q:~' Barbara L. Murray /~ 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: JAMES E. KAUFFMAN, ORPHANS' COURT DIVISION Petitioner and Principal v. BARBARA MURRAY and RICHARD SMITH, Respondents NO. 2012-846 VERIFICATION I, Bazbaza L. Murray, being familiar with the facts and circumstances in this matter and on behalf of Richazd Smith who is unable and unavailable to execute this verification with an original signature because he resides in Silver Springs, Maryland, do hereby verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein aze subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ~ a~ ~ ~ ~ .1~~-~L,(~{,~i.Z,~t'~ 1.~ azbaza L. Murray i On behalf of Richazd Smith ~ J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: JAMES E. KAUFFMAN, Petitioner and Principal v. BARBARA MURRAY and RICHARD SMITH, Respondents ORPHANS' COURT DIVISION NO. 2012-846 CERTIFICATE OF SERVICE I hereby certify that on DUI I have served a true and correct copy of the foregoing document u the following persons, in the manner indicated: US FIRST CLASS MAIL & EMAIL Andrew C. Sheely, Esquire 127 S. Market Street P.O. BOX 95 Mechanicsburg, PA 17055 And andrewc. sheelyna,verizon.net THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Respondents BY: ~ _ shley R. lcolm, aralegal