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HomeMy WebLinkAbout02-13-13Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) JAMES E. KAUFFMAN, IN THE COURT OF COMMON~LEAS ~ ~ m Respondent/Principal,: CUMBERLAND COUNTY PEN~~ VAN i ~ , , ' ~ o • v• c~ ~~rnii -~- ORPHANS' COURT DIVISIO - ?w ~ ~' ~-J' cn ~ ~ ~ . ~v ~ ~ U, ::,:~ ~-'~ r~ ~ m :~ ra BARBARA MURRAY and c~ ~ '*` --Y, ~'' ~~ . RICHARD SMITH, ~ ~7 c- r" -.-t - --3 ~'7 --p'1 ~._ `i'~ Petitioners c~ ~.:. NO. 21-12-846 ORPHANS ro CfljURT rv ~ :.. ci `~ -~~ h.~ !~ A ~~.7 ~ IN RE: ANSWER TO EMERGENCY PETITION FOR GUARDIANSHIP FOR ALLEGED INCAPACITATED PERSON Respondent, James E. Kauffman, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Response to the Emergency Petition for Guardianship and respectfully states as follows: 1. Admitted. 2. Admitted with clarification. Respondent resides iri room 215, Building 4 of the Country Meadows Campus. 3. Denied. The allegations are denied as conclusions of law. To the contrary, Respondent respectfully answers that he has testamentary capacity to determine his heirs, execute legal documents and determine the distribution of his estate. 4. Admitted with clarification. Mr. Kauffman presently resides at County Meadows Retirement Community. 5. It is admitted that Respondent seeks to be appointed as Guardian of Mr. Kauffman. 6. Denied, and strict proof demanded at hearing. 7. Denied, and strict proof demanded at hearing. To the contrary, Respondent, while medicated, maintains testamentary capacity to execute legal documents, is aware of his estate, possible beneficiaries and whom Respondent wishes to serve as his agent. By way of further response, Respondent has engaged separate counsel to execute legal documents, including a power of attorney document. 8. Admitted. 9. Admitted as a conclusion of law. 10. Admitted with clarification. The power of attorney document was previously revoked. 11. Admitted. 12. Admitted with clarification. Ray Yovanovich was unable to serve as Respondent's agent due to personal and health issues of Mr. Yovanovich. 13. Admitted with clarification. Respondent is in the course of preparing a new power of attorney and estate planning documents with separate counsel. 14. Admitted/Denied. It is admitted that Respondent is being treated for various health related issues, including dementia. It is specifically denied and strict proof demanded that Respondent's health conditions require placement in Country Meadows secured facilities. 2 15. Admitted with clarifiction. Respondent has been treated for heart difficulties and periodically has chest pain associated therewith. 16. Denied, and strict proof thereof demanded at hearing. 17. Denied, and strict proof thereof demanded at hearing. 18. Admitted. 19. Admitted upon information and belief. 20. Denied, and strict proof thereof demanded at hearing. By way of further response, Petitioner's characterization of Respondent's guns as "weapons" is unwarranted and exaggeration. Respondent seeks to sell his guns as he no longer can go hunting and no longer has a purpose for the same. 21. Respondent is without sufficient information to form an opinion as to the veracity of the statements contained iri paragraph 21 of the petition. Accordingly, the allegations are denied and strict proof thereof demanded at hearing. 22. Admitted. 23. Admitted. 24. Denied, and strict proof thereof demanded at hearing. 25. Denied, and strict proof thereof demanded at hearing. 26. Respondent is without sufficient information to form an opinion as to the veracity of the statements contained in paragraph 26 of the petition. Accordingly, the allegations are denied and strict proof thereof demanded at hearing. 3 27. Denied, and strict proof thereof demanded at hearing. 28. Admitted upon information and belief. 29. Denied, and strict proof thereof demanded at hearing. 30. Denied, and strict proof thereof demanded at hearing. By way of further response, Respondent believed that all medical bills would be addressed by the prior Court order which permitted electronic payment of bills to Country Meadows through Metro Bank. 31. Denied, and strict proof thereof demanded at hearing. 32. Denied, and strict proof thereof demanded at hearing. 33. Denied, and strict proof thereof demanded at hearing. 34. Respondent is without sufficient information to form an opinion as to the veracity of the statements contained in paragraph 34 of the petition. Accordingly, the allegations are denied and strict proof thereof demanded at hearing. 35. The allegations of paragraph 35 are conclusions of law to which no response is required. To the extent a response is required, the allegations are denied and strict proof thereof demanded at hearing. 36. Denied, and strict proof thereof demanded at hearing. 37. Admitted with clarification. Respondent tries to maintain an independent living atmosphere without assistance from third parties. 38. Admitted. 39. Admitted in Part/Denied in part. It is admitted that Mr. Kauffman has lost weight. It is denied that his weight loss is caused by his refusal to accept assistance from the caregivers at County Meadows. 40. Respondent is without sufficient information to form an opinion as to the veracity of the statements contained in paragraph 40 of the petition. Accordingly, the allegations are denied and strict proof thereof demanded at hearing. By way of further response, Respondent is engaged with separate counsel to prepare various estate planning documents, including a Power of Attorney. 41. Denied. To the contrary, Respondent is engaged with separate counsel to prepare various estate planning documents, including a Power of Attorney. 42. Denied. To the contrary, Respondent is engaged with separate counsel to prepare various estate planning documents, including a Power of Attorney. 43. Admitted with clarification. Respondent is 88 years old and suffers from age related difficulties. 44. Denied, and strict proof demanded thereof at hearing. 45. Denied, and strict proof demanded thereof at hearing. 46. Denied. To the contrary, Respondent is engaged with separate counsel to prepare various estate planning documents, including a Power of Attorney. 5 47. Admitted. 48. Denied, and strict proof thereof required at hearing. 49. Denied, and strict proof thereof demanded at hearing. 50. Denied, and strict proof thereof demanded at hearing. 51. Denied, as a conclusion of law. By way of further answer, Respondent has engaged separate counsel to prepare new estate planning documents, including a Power of Attorney document. 52. Denied, as a conclusion of law. To the contrary, Respondent is engaged with separate counsel to prepare various estate planning documents, including a Power of Attorney. 53. It is admitted that Counsel was advised of the fi"ling of the Petition. Any further representations of fact are denied, and strict proof thereof demanded at hearing. WHEREFORE, Respondent, James E. Kauffman, respectfully requests that this Honorable Court dismiss the instant Petition for Emergency Relief and permit Respondent to complete personal estate planning decisions and determinations through separate counsel. x s ect u 1 ~ itt , Date: February ~ 2013 r-mctrew C. Sheely, Esqui Attorney for Responden PA ID No. 62469 P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 717-697-7050 6 VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: February f'~ 2013 - ` • J ~es Ka man CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Answer upon the following named individuals this day by fax and by hand delivery: Peter J. Russo, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road Suite 203 Camp Hill, PA 17011 Date: February 1~ 2013