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HomeMy WebLinkAbout09-16-13 � * LAW OFFICES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire � Attorney I.D. No. 72897 5006 East Trindle Road, Suite 203 , Mechanicsburg, PA 17050 Telephone: 717-591-1755 , Attornevs far Petitioners JAMES E. KAUFFMAN, . IN THE COURT OF COMMON PLEAS Principal/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA v. . CIVIL ACTION - LAW ca '`' c �-,. BARBARA MURRAY and . � � � ° � RICHARD SMITH, . NO. 21-12-846 _' = �� � ._ . . Petitioners . � � PETITION FOR CONTEMPT AND NOW COMES the Petitioner, Barbara Murray, by and through her attorneys The Law Offices of Peter J. Russo, P.C. and avers the following in support of her Petition for Contempt: 1. The Petitioner is Barbara Murray, an adult individual with a current residence of 107 Hollow Lane, Dillsburg, York County, Pennsylvania 17019. 2. The Respondent/Principal is James E. Kauffman (hereinafter referred to as "Mr. Kauffman"), age 88, with a current residence of Country Meadows, 4905 East Trindle Road, Room 95, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. On November 5, 2012 the Honorable Judge Christylee J. Peck entered an Order in regards to an Emergency Petition for Guardianship for Incapacitated Person, filed by the Petitioner Barbara Murray. A true and correct copy of the November 5, 2012 Order is attached hereto as Exhibit"A." f { LAW OFFICES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney LD. No. 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: 717-591-1755 Attornevs for Petitioners JAMES E. KAUFFMAN, . IN THE COURT OF COMMON PLEAS Principal/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA v. . CIVIL ACTION - LAW BARBARA MURRAY and . RICHARD SMITH, . NO. 21-12-846 Petitioners . PETITION FOR CONTEMPT AND NOW COMES the Petitioner, Barbara Murray, by and through her attorneys The Law Offices of Peter J. Russo, P.C. and avers the following in support of her Petition for Contempt: l. The Petitioner is Barbara Murray, an adult individual with a current residence of 107 Hollow Lane, Dillsburg, York County, Pennsylvania 17019. 2. The Respondent/Principal is James E. Kauffman (hereinafter referred to as "Mr. Kauffman"), age 88, with a current residence of Country Meadows, 4905 East Trindle Road, Room 95, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. On November 5, 2012 the Honorable Judge Christylee J. Peck entered an Order in regards to an Emergency Petition for Guardianship for Incapacitated Person, filed by the Petitioner Barbara Murray. A true and correct copy of the November 5, 2012 Order is attached hereto as Exhibit "A." t . 4. The November 5, 2012 Order issued by the Honorable Judge Christylee J. Peck directed Petitioner to "submit copies of his bank account statements for the aforementioned Metro Bank and Members 1 St Federal Credit Union accounts to Respondents each month." 5. On February 14, 2013 Judge Peck entered an Order amending the November 5, 2012 Order, requiring the Respondent James Kauffman to only have access to his Members 1 st Federal Credit Union bank account in the sum of Three Thousand Five Hundred ($3,500.00) Dollars each month, for use of paying bills, medication, and other necessary expenses. A true and correct copy of the February 14, 2013 Order is attached hereto as Exhibit `B." 6. The Order further stated that the access to the funds was conditional upon Mr. Kauffman providing copies of paid bills with respect to medical and prescription bills, real estate and income taxes and professional fees to opposing counsel within thirty (30) days of the payment of the bill. 7. However, the Order stated that Mr. Kauffman is not required to provide an accounting of Seven Hundred Fifty ($750.00) Dollars of the Three Thousand Five Hundred ($3,500.00) per month to Counsel. 8. Since the February 14, 2013 Order, Mr. Kauffman has only provided Undersigned Counsel with copies of some, but not all prepaid bills, on three (3) occasions. 9. Undersigned counsel has not received the Court Ordered prepaid bills from Mr. Kauffman or his legal representative Andrew C. Seeley since May of 2013. 10. Mr. Kauffman's failure to provide prepaid bills to Undersigned counsel places Mr. Kauffman in contempt of the February 14, 2013 Order. , . 11. As a result of Mr. Kauffman's actions, Mr. Kauffman is in contempt of the February 14, 2013 Order for withdrawing funds in excess of his monthly Three Thousand Five Hundred ($3,500.00) allocation. 12. It is believed and therefore averred that Mr. Kauffman is also in contempt of this Court due to the amount of money being withdrawn each month, well outside the limit imposed by this Honorable Court's Order. 13. Bank statements obtained by the Petitioner exhibit that Mr. Kauffman withdrew in excess of Five Thousand Five Hundred Eighteen ($5,518.76) Dollars between June 3, 2013 and June 30, 2013. A true and correct copy of the transaction summary for Checking Account ending in 0371 is attached hereto as Exhibit"C." 14. Specifically, Mr. Kauffman withdrew Three Thousand Five Hundred ($3,500.00) Dollars as a cash withdrawal on June 3, 2013. 15. Additional draft withdrawals totaling Two Thousand Eighteen ($2,018.76) Dollars were made in the month of June. 16. Mr. Kauffman did not deposit the excess funds withdrawn into the account at any time in the future. 17. Petitioner is concerned that Mr. Kauffman is frivolously spending funds which have been predetermined to pay for necessary medical and personal expenses. 18. In the last 14 months, Mr. Kauffman has monthly received $7,266.00 in Social Security ($519.00 per month); $44,747.92 from an annuity ($3,196.28 per month); $9,000.00 from the sale of his vehicle; $9,000.00 from the sale of a PNC annuity and $3,000.00 from the sale of bonds for a total in excess of$ 73,000.00. F 19. It is believed, therefore averred that as of Friday, September 6, 2013, Mr. Kauffman had approximately $15,000.00 in his Members 1 st account. 20. Mr. Kauffman should have increased his savings substantially; instead his accounts have been depleted. 21. Mr. Kauffman has only provided sporadic monthly bank account statements compared to the monthly requirement established by the Court in the November 5, 2011 Order. 22. Petitioner has calculated that at the current rate of spending by Mr. Kauffman, without any enforcement by this Court, that Mr. Kauffman will deplete his financial savings and allocation for medical care within three (3) years, compared to twelve (12) years if he were to follow the Court's maximum allocation of funds per month. 23. Mr. Kauffman has provided no receipts or proof of payments which would explain the large withdrawals from Mr. Kauffman's bank account, such as to explain a personal need which required funds in excess of the Court Ordered monthly allocation. 24. It is believed and averred that Mr. Kauffman has withdrawn large sums of money in addition to those amounts averred in this Petition, without Petitioner's knowledge, as Mr. Kauffman has removed Petitioner from receiving any information through the bank or other financial institutions. 25. Without the Petitioner being able to properly monitor Mr. Kauffman's spending, Mr. Kauffman will continue to ignore this Honorable Court's Order and exceed his monthly allocation of funds. 26. It is believed and therefore averred that Mr. Kauffman will continue to engage in this reckless pattern of contempt until such time as he has withdrawn his entire bank account, 1 leaving hirn without sufficient funding to allow his continued stay at Country Meadow Nursing Home. WHEREFORE, the Petitianer, Barbara Murray, respectfully requests this Caurt to find Principal/ Respondent in Contempt af this Court and enter the Urder propased by Petitioner attached as Exhibit D hereto. submit BY: The Law Offices Russo, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72$97 5006 E. Trindle Raad, Suite 203 Mechanicsburg, PA 17050 Telephone: (71�} 591-1755 Attarneys for Petitianer Date: � �3 � � 3 a � � � � � � X 1 lt r IN RE: . IN THE COURT OF COMMON PLEAS OF JAMES E. KAUFFMAN . CUMBERLAND COUNTY, PENNSYLVANIA Petitioner and Principal . BARBAR.A MURRAY and RICHARD : ORPHANS ' COURT DIVISION SMITH, . n ° � Respondents . NO. 2012-846 ORPHANS' COiJ�b � �'� �p--U p ��C.� m-r c � �..- ;-?� IN RE: RETURN ASSETS �-�+ - � : t �, , ,-�_, � �_�+_,. c" _� c:_:�,'.�� ORDER OF COURT p`--. � _.. -,.., ��, � -ri AND NOW, this 5th day of November, 2012, u �-; o ��=n' � - � `' �' �n� consideration of agreement of the parties, and after having had�r this matter been called to a hearing, it is hereby ordered as follows: 1. Al1 funds transferred from the Petitioner' s account at Members 1st Federal Credit Union by the Respondents to Metro Bank shall be transferred and titled to the name of James E. Kauffman in a separate account at Metro Bank owned by James E. Kauffman on or before the close of business on November 9, 2012; and 2 . Upon transfer, all funds titled in the name of James E. Kauffman at Metro Bank shall be restricted to the use of James E. Kauffman' s medical, nursing, short or long term care bills incurred ar. C::ountry Meadow5 Nursing H�me �� any cth°r �°r.i�r �� ----- _ adult care facility providing services for the benefit of James E. Kauffman, absent further order of Court; and 3 . Respondent shall make Petitioner' s vehicle, financial records, savings bonds, safe, and all other personal property available to him for transfer to a secure facility or any other residence of the Petitioner within a period of 45 days after the date of this Order of Court. 4 . All monies to be paid to Country Meadows Nursing Home or any other seniqr or adult care facility providing services for the benefit of James E. Kauffman shall be paid electronically . from Metro Bank directly to the adult care facility institution for services rendered to or on behalf of James K. Kauffman. 5 . Petitioner may withdraw no more than $750 per month from his Members lst Federal Credit Union accounts for his own personal use. 6 . Funds from the Metro Bank accounts shall not be used for any other purpose other than provided for herein. 7 . Petitioner must submit copies of his bank account statements for the aforementioned Metro Bank and Members 1st Federal Credit Union accounts to Respondents each month. Petitioner must submit the copies to Respondents as provided for herein no later than 10 days following his receipt in the mail of the account statements or receipt on-line of his account statements . 8 . Any interested party may petition for a modification of this Order of Court at any time for cause shown. By the Court, � � — , ,�i' � %,` C.l�._ ,,����c: ,t�C,� � � — Chris'ty�,ee L. Peck, J. — � b 3ro � 3 � xrow � y � � � � ro � 3 � � f] fD • O (D O Sv • � fD I-+• O fD rt O (D O (D N t3' C2 O o � �i K O o ct � K (l N o rr r� (� � ¢, p' • o K • � rto �' rnrn �' r� � � 3 N- �n ct ct W F-+ K rt �, rn m � bd t-' �i tD tn tb Z� �' �' � o trJ �' � O � N•O O tn rr C3' O • ',G (D N•o • ci (D N•G nXG KG ?� t�i n • nrrC� m N-N o �i '�J � � �d �n y ro m �'• tT' � [n cn W tn H �L • (D l7 n :d (D t3' G om crt W� � O p m G �•� rr � 3in �t S� u� � tn �C �tf ►i p tn N•n A� �' w d ►� � roo � o ow au� rtw K rn - n rn �' � sr"C � t�o r- �'m �•a �n p. ro m � o rom � ro � rn N �r � c� � � � �r rn '� (D K v K O trJ '�" '�ii trJ N "C A► N (D O u� ct N O ta K t-� tn- � ~ o c�t t�n� � o p.`� p� o � [1] o n o N•N- cn N• � tn N �n t�li N u�i N N � f�D �� c�Y�►� R• o ro N- h'- K �-{ C�' F�• (D C f�2 ',� F�• F'• 't3 � � • • ` ` ' ' X 1 lt JAMES E. KAUFFMAN, . IN THE COURT OF COMMON PLEAS OF Respondent/Principal . CUMBERLAND COUNTY, PENNSYLVANIA v. . . CIVIL ACTION - LAW BARBARA MURRAY and, . RICHARD SMITH, . n � Petitioners : 21-12-846 CIVIL TERM � Q �,,; � rn �v � � � c� `t� � css � IN RE: EMERGENCY PETITION FOR GUARDIANSH� ��r� � � FOR INCAPACITATED PERSON :� �,� � �--� � � -.._ .:� � . � � �; �' =� � =� ORDER OF COURT `-' y` ' `'� ' .: � <:., ,`� �.3� -.....Y "�. ' ' Y�r.1 r�(� AND VGW, 14th day of February, 2013, th�� Order !o� ;�,., �,� �7 � Court regarding the return of assets dated November 5, 2012, is hereby amended as follows : James E. Kauffman shall have access to no more than $3, 500 per month from his Members lst Federal Credit Union account to be used for his own personal use to include but not be limited to the following items : paying medical bills, prescription bills, real estate and income taxes, professional fees and any other reasonable and necessary expenses. His access to the $3, 500 is on the condition that Mr. Kauffman provide copies of paid bills with respect to medical and prescription bills, real estate and income taxes and professional fees to opposing counsel, Mr. Russo, within 30 days of the date of the payment of the bill. Mr. Kauffman need not provide any accounting of $750 of the $3, 500 per month to Mr. Russo . All other terms and conditions of the November 5, 2012, Order of Court shall remain in full force and effect except as they conflict with this amending order. ,�TR!!E CC}PY FRC?�1 RECflRQ in�'estimvnyt�h+�rof�t hece►�" By the Court, s,et my han��nc!ttw e�a�i ef�ki Ceuet at GarMl�.P�t � I- --c� �t � y . y ,� =. ,.� _ , ° �����y-��� � .� s�� �-��� ��,..• �prpts�C�t Christyl�e L. Peck, J. G�nbe�Mnc��Y . Andrew C. Sheely, Esquire �or the Respondent/Principal Peter J. Russo, �squire �'or the Petitioners pcb > . • � �i �i 7 � X 1 lt 4 � �� s�Fld�nq��r�s to: Stafement of Accounts . 5000 Loulse Drive i PO Box 40 Mechanicsburg,PA17055 ' M��1 2�J, 2Q13 thru Jun 24, 2Q13 www.memtxrs7st.org Maln Switchboard: (840)283-2328 E2 Call: (7�7)697-4372 or(800)283-4372 Account Number: 2037 � TdD: (717)697-5312 or(800)283-2328 e�A.5312 ' �_ TeleBreneh: (&04)237-7288 MEMBERS 1St Balances at a Glance: _ FEDERALCREDIT UNiON C�12Ckiflg: � 9,362.57 — 9b67 2 AV 0.360 19333-4667 ', cJc�IV11�1�5: : 32.77 * �..�... ��llllil�l�ili�ilrni���lhF(I�I�lillln�l���ll���li��������n��� , Ce�tificates: 0,00 JAMES E KAUFFMAN LOaC1S: O.00 _ N 49Q5 E TRINDLE RD, RM 215 Maney Management: 0.00 MECHANICSBURG PA 17050 � Swipe 5 YTD ,eward: 0.QO � i o ;Page: 1 of 2 Your aggregate balance as of June 1st is $10,242.1a. An aggregate balance of $2,500 and having 3 products wiH piace you in the Silver MLR level. Go paperless and sign up for eStatements today! ' See the enclosed insert for more details, , E CHECKING ACCOUNTS OQ11 -CHECKING + Date Transaction Description Additions Stibtractions Balance May 25 BaJance Forward ; 10,208.89 May 31 Deposit Dividend 0.050% 0.44 10,209.33 Annual Percentage Y'�e/d Eamed 0.1150�from U5/01/21113 �rough QS/31/2(J13 Based on Average t7aily Ba/ance of 10,428.69 { Jun 03 Deposit Transfer From Share 0000 519.00 � 10,728.33 Jun 03 Deposit Transfer From Share O(300 3,196.28 i 13,924.61 Jun 03 Withdrawal �,500.00- 10,424.61 Jun 03 Depasit 500.00 ` 10,924.61 Jun 03 Check 002545 Tracer 0000251435 28.50- 10,896.11 Jun 07 Check OQ2547 Tracer 0000247Q21 ;1,665,00- 9,231.11 Jun 13 Check 002548 Tracer 0000372557 13.54- 9,217.5I --�lun- 17___. .Deposit.___.....__ ____ _. _. .;, ._. .__.. . ._._ ._._-,--._...�..�F4s:fl6------ ;: --: -�,,-. .--=g�,362:�7.�""., Jun 24 Ending Ba/ance 9,362.57 CHECK SUMMARY ; Chedc # Arnount Date Check # Amount Date �2545 28.50 Jun 03 002548 13.54 Jun 13 002547' 1,665.00 Jun Q7 ' ` ' Asterisk ne�t ta number indkates skip Jn number sequenae 3 Checks C/eared for 1,TOT.114 SAVINGS AGCOUNTS � 0000-REGULAR SAVINGS !' 3 Data Transaction Descrit�tion Additiorts Su�tractions Balance May 25 8a/ance Fonrard 32.77 Jun 03 Deposit ACH XXSOC SEC �-519.00 " 551.77 ID: 9031736026 CO: XXSOC SEC j Jun 03 Withdrawal Transfer To Share 0011 j 519.00- 32.77 Jun 03 Deposit ACH XXCIV SERV � 3,196.28 i 3,229.05 ID: 3121736156 CO: XXCIV SERV �.._.:_,...a .._ t,.��.....:_� ...._� � 0000aa0000 000a � � rna3a� a> rnaxrncnoyrn vv �t � i rr. 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RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: 717-591-175 5 Attornevs for Petitioner JAMES E. KAUFFMAN, . IN THE COURT OF COMMON PLEAS Principal/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA v. . CIVIL ACTION - LAW BARBARA MURRAY and . RICHARD SMITH, . NO. 21-12-846 Petitioners . 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: 9��Z� �,S �-�'G^-'lit/� '�{/1i1./1�,�. B rbara L. Murray J , , LAW OFFICES OF PETER J. RtiSSO, P.C. Peter J. Russo, Esquire Attorney LD. No. 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: 717-591-175 5 Attorne�s for Petitioner JAMES E. KAUFFMAN, . IN THE COURT OF COMMON PLEAS Principal/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA v. . CIVIL ACTION - LAW BARBARA MURRAY and . RICHARD SMITH, . NO. 21-12-846 Petitioners . VERIFICATION I, Barbara L. Murray, being familiar with the facts and circumstances in this matter and on behalf of Richard 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 are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: �( I7 �� — Barbara L. Murray On behalf of Richard Smith , , LAW OFFICES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney LD. No. 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: 717-5 91-175 5 Attorneys for Petitioner JAMES E. KAUFFMAN, . IN THE COURT OF COMMON PLEAS Principal/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA v. . CIVIL ACTION - LAW BARBARA MURRAY and . RICHARD SMITH, . NO. 21-12-846 Petitioners . CERTIFICATE OF SERVICE I, Derek M. Strouphauer, Paralegal, hereby certify that I am on this day serving a copy of the foregoing Praecipe for Entry of Appearance upon the person and in the manner indicated below and addressed as follows: United States Regular Mail: Andrew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 �.-`�_ Date: / � ere rouphaue , a ega