HomeMy WebLinkAbout01-10-13
~ ~: : IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
ESTHER E. CATTS
Docket No.: ~ ~ ~ ,j ~ U ~'~~
ORPHANS' COURT DIVISION
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PETITION FOR CITATION AND INJUNCTIOl~ ~ `~: ~ ~' ~'
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1. Petitioners are Steven W. Catts and Barbara E. Rice, in their ~~pacity'~a~ agent
for Esther E. Catts pursuant to a power of attorney dated November 5, 2012.
2. Respondent is Thomas W. Catts who resides at 12 Cromwell Court,
Mechanicsburg, Pennsylvania.
3. Esther E. Catts, hereinafter referred to as "mother", is the mother of Petitioners
and Respondent, and resides at 712 S. Broad Street, Mechanicsburg, Pennsylvania.
4. At all times relevant hereto, mother has been legally competent and has possessed
sufficient mental capacity to execute a valid power of attorney, or to revoke a previously
executed power of attorney.
5. For several years prior to November 5, 2012, Thomas W. Catts was power of
attorney for his mother, but that power of attorney was revoked on October 29, 2012.
6. Respondent was present on October 29, 2012, and was notified at that time that
the power of attorney which previously appointed him as his mother's agent was revoked.
7. After being so notified, Respondent went to Citizen's Bank and removed savings
bonds valued at approximately $188,000.00 from mother's safety deposit box.
8. Respondent has refused to return the savings bonds to Petitioners.
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9. After reviewing mother's financial records, it appears that Respondent abused the
trust placed in him when he was power of attorney. Specifically, the financial records show:
a. Respondent cashed his mother's monthly pension check in the amount of $196.00
and kept the money;
b. Respondent withdrew mother's monthly social security payment of $1,357.00 and
kept the money;
c. Respondent cashed his mother's quarterly investment checks approximating
$300.00 per quarter and kept the money;
d. Unbeknownst to his mother, Respondent substituted his name as the sole
beneficiary of her IRA, valued at $64,000.00, and removed his siblings as
additional named beneficiaries; and
e. Respondent gifted himself $27,000.00 more than each of his siblings over the past
few years despite his mother's desire that all her children be treated equally.
10. Despite requests for copies of tax returns, Respondent has refused to give
Petitioners all the tax returns they need.
11. Respondent has possession of his mother's laptop computer which is believed to
contain additional financial information, and has refused to return this computer to Petitioners.
12. Despite a request for an accounting of his mother's assets for the time during
which he was his mother's power of attorney, Respondent has refused to prepare and submit an
accounting.
13. Based upon a review of the financial records in their possession and the
revelations gleaned therefrom, Petitioners are concerned that Respondent has or will attempt to
liquidate his mother's savings bonds in his possession.
14. Mother's estate may already have been irreparably harmed by Respondent's prior
actions and will suffer additional irreparable harm if Respondent liquidates any portion of her
savings bonds which are in his possession.
15. Other than an injunction, Petitioners have no other remedy to prevent this further
harm to their mother's estate.
16. Due to Respondent's obdurate and vexatious refusal to cooperate with Petitioners,
your Petitioners have been compelled to incur additional costs and legal fees to compel
Respondent to prepare an account and to return assets which lawfully belong to his mother,
namely, Esther E. Catts.
WHEREFORE, your Petitioners pray that this Court will direct that a Citation in the form
attached hereto be issued and served upon Respondent. Further, Petitioners request this Court
enter an Order pending a hearing date setting forth the following:
1. Prior to the hearing date set forth in the Citation, Respondent shall prepare and
file with this court a complete accounting of his handling of his mother's assets for the period
during which he was acting through the power of attorney as her agent; and
2. Respondent is hereby enjoined from transferring, liquidating, or in any manner
disposing of his mother's savings bonds in his possession.
Respectfully Submitted,
R. Mark Thomas, Esquire
ID# 41301
101 S. Market St.
Mechanicsburg, PA 17055
717-796-2100
rmarkthomas(a~ gmail.com
VERIFICATION
I verify that the statements made in the foregoing Petition are true and correct to the best of
my knowledge, information and belief. 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: ~ I3
STEP N W. CATTS
VERIFICATION
I verify that the statements made in the foregoing Petition are true and correct to the best of
my knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities.
Datc: ~ ? 3
BARBARA E. RICE