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HomeMy WebLinkAbout10-28-13 ` , r•�,;, � � � � � � � � � �7 C�'J C� ..�.. � !�"! � � "-1 U'� � � � � � ::� �t � � � � C3 '� � � � � � � �� � � � � � ) IN TH� C�URT @� C�1�`r�VION ) PLEAS�F CLTM�R�''A�D IN RE: ) COUNTY, PENNSYLVANIA ESTHER E. CATTS ) ) CIVIL ACTION - LAW ) ) ORPHANS COURT DIVISION ) ) NO. 21-13-0034 ANSWER AND COUNTERCLAIM OF THOMAS W. CATTS TO PETITION FOR CITATION AND INJUNCTION AND COUNTERCLAIM TO SUCH PETITION AND NOW comes Thomas W. Catts, the Respondent in the above matter, and makes the following Answer and Counterclaim: 1. Admitted. 2. Admitted. 3. Admitted.� 4. Admitted with clarification. Esther Catts was 89 years old at the time she signed documents to revoke the Power of Attorney for Thomas. Thomas believes that Steven W. Catts (hereinafter"Steven") and Barbara E. Rice (hereinafter"Rice"), here other son and daughter, did not make known to Esther Catts the significance of the documents which she signed and he avers, therefore, that she was not aware of all of the consequences of those documents and her actions in signing them. 5. Admitted. 6. Admitted. 7. Admitted. Respondent removed the savings bonds and other items from the safe deposit box so that he could prepare an inventory of them and keep them secure until they could be turned over to whoever should properly have them. He notified Esther Catts and his other brother Edward Catts of his actions. At no time did he conceal those items or his actions with regard to them. 8. Denied. Respondent delivered those savings bonds and all other assets within his control to Petitioners or their attorney shortly after receiving a copy of Petitioners' Petition in this matter. 9. Denied. Respondent expressly denies that he abused the trust placed in him while serving as his mother's agent and states that he administered his mother's funds, at all times, solely for the benefit of his mother. By way of further answer, Respondent states as follows: a. Respondent cashed the pension checks his mother received from Pinnacle Health Systems. He did not retain the funds and he did not apply them for his benefit, but expended them to pay household and otlier routine expenses for his mother which were commonly paid in cash. b. Respondent's mother's social security payments were not always $1,357.00. Those payments were deposited into an account at Citizens Bank and Respondent withdrew those funds, each month, to pay the living and operating expenses for Esther Catts. c. Respondent received periodic interest payments generated by the investments held by his mother. Those funds, as were the others described above, were applied to pay living expenses, health expenses and other operating expenses for his mother. d. Respondent acknowledges that he named himself as the sole beneficiary of his mother's individual retirement account, but denies that he did so to deprive his siblings of any benefits in that account. He made the change because prior to the change his father was still listed as the beneficiary, even after his father's death. He substituted himself as the beneficiary, fully intending to share any funds received with his siblings. e. Respondent denies that he made gifts to himself of$27,000.00 more than gifts made to his siblings during the time that he served as his mother's agent. All gifts made by Respondent with funds that belonged to either of his parents, were made at the express direction of his father or his mother. , 10. Denied. Respondent provided copies of all tax returns which he had to Petitioners. 11. Denied as stated. While serving as his mother's agent, Respondent purchased a computer and related software and service agreements with money from his mother and with his own funds, sharing the costs substantially equally. He used the computer to keep financial records both for himself and for his mother. He experienced some problems with the theft from � his credit cards and, for that reason, felt it imperative that he retain possession of the computer following the ternunation of his appointment as his mother's agent. He has not, however, failed to provide full financial information to Steven and Barbara or their representatives and has not concealed any financial information from them, whether on the computer or otherwise. 12. Denied as stated. Respondent turned over to Steven and Barbara all the financial assets which were in his possession. He and his attorney have cooperated extensively to share information with Steven and Barbara and their attorney and to provide explanations for his actions and answers to their questions about his actions. Steven and Barbara have copies of statements for all of the bank accounts and financial accounts which Respondent operated while serving as his mother's agent and Respondent has answered the questions they raised about them. The fact that they are not satisfied with the answers and explanations he has provided does not mean he has not provided an adequate answer to their questions. The delivery and sharing of this information has been complicated by the unwillingness of both Steven and Barbara to meet with or discuss these matters with Respondent. 13. Respondent denies that Petitioners have any reason for concern. The savings bonds which he held temporarily after his power of attorney was canceled were properly delivered to Petitioners' attorney. 14. Denied. Respondent did not take any action which has harmed his mother or her assets or esta.te and has not take any action to liquidate her assets or otherwise interfere with her finances. 15. Denied. Respondent has provided to Petitioners all of the assets which he handled or administered for his mother, has provided truthful answers to their questions about his actions with his mother's assets, and has cooperated fully with Petitioners' attorney to get this matter resolved without further involvement by the court. 16. Denied. Respondent's conduct has not been obdurate or vexatious. Respondent has not failed or refused to cooperate with Petitioners and, to the contrary, has cooperated extensively, with the assistance of his attorney with Petitioners' attorney. By doing so, Respondent has avoided or reduced for all parties legal expenses. WHEREFORE,Respondent prays this court to deny and dismiss Petitioners' petition and to grant the relief requested in Respondent's Counterclaim. COUNTERCLAIM By way of further answer, Respondent, on behalf of himself and his wife, Karen Catts, makes the following Counterclaim against Petitioners: 17. Respondent incorporates herein, by reference, the averments set forth in the foregoing paragraphs of his Answer. 18. Respondent dutifully cared for Respondent's mother and, prior to this death, Respondent's father. 19. When Respondent learned that his brother and sister had intervened with his mother and persuaded her to replace him as her agent, he was shocked and upset. He had great difficulty understanding why his family would repay his loyal services with such hostile acts. As a result, it took him sometime to adjust to the situation and locate, identify, and deliver to Petitioners or their attorney the documents and other information they demanded. Once he recovered from his shock,however, he cooperated fully with them to deliver all of the assets he held for his mother's benefit. 20. At the time Respondent undertook his responsibilities and services to his mother, and his father who was then-living, both Respondent and his wife were gainfully employed with jobs that provided salaries and income to meet their living expenses and those of their family, as well as health insurance, retirement contributions, and other benefits. , 21. At the time he undertook the services to his parents, Respondent had to resign his employment to provide those services to his parents. It was not possible for Respondent to devote the time required to care for his parents and still work his full time j ob. At that time his father was seriously ill and required considerable attention. Over time,particularly after Respondent's father's death, Respondent's mother required increasing assistance from Respondent. 22. As a result of resigning his employment to serve his parents, Respondent lost his income and other benefits from that employment. 23. Realizing the loss of income and benefits which Respondent would suffer as a result of his resignation of his employment, Respondent's parents agreed to pay Respondent $325.00 per week. This arrangement was known to Steven and Barbara, as well as other members of the family and no other member of the family ever obj ected to or questioned the arrangement or the fairness of it. 24. In addition to the weekly payment to be made to Respondent, Respondent's parents agreed to pay Respondent for the loss of his retirement benefits through his employment. The agreement was that they would compensate him $30,000.00. This arrangement was also known to both Steven and Barbara and neither of them ever objected to or questioned this arrangement, the need for it, or its fairness. 25. Over the years that Respondent provided these services to his parents, and to his mother after the death of his father, Respondent became concerned that his mother's monthly cash flow would not be adequate to meet her needs. To be certain that those needs were met, Respondent voluntarily adjusted, and eventually stopped, on a temporary basis, the payments to him promised by his parents. As a result, over time, he postponed payments owed to him in the total amount of$40,075.00. 26. Because of the loss of the funds which he was owed from his parents, pursuant to the agreement he had with them, Respondent was not able to meet the financial needs of his family and they became increasingly dependent upon the earnings of his wife, Karen Catts through her employment. 27. In 2012 Respondent was experiencing medical problems which made it difficult for him to continue to provide the type of care for his mother that he had previously provided and which he believe she needed. In addition to that, his mother's needs increased. 28. As a result of the above, Respondent persuaded his wife, Karen Catts, to retire early from her employment so that she could assist Respondent in providing the care that his mother needed. Karen Catts was working at that time as a registered nurse with 3 8 years of experience. 29. Because of the needs of Respondent's mother, and at Respondent's request, Karen Catts decided to retire early. In the sununer of 2012, she notified her employer that she would retire, at age 62, in October of 2012. 30. Steven and Barbara were both notified of Karen's decision to resign her employment to assist in providing care for Esther Catts. At no time did they question or object to that decision. 31. Karen Catts' employer acted upon her resignation and she took early retirement in October of 2012. 32. As a direct result of the early retirement of Karen Catts, Respondent and his wife suffered several significant financial losses, which include: A. The loss of her salary income. B. A loss in her social security benefits caused by her retiring and taking those benefits at age 62 rather than at age 66. C. The loss of inedical, dental, vision, and other insurance benefits for her and for Respondent. D. The loss of future contributions into her employer's 403 (b) retirement plan. 33. Karen Catts would not have retired in 2012, and Respondent would not have requested or persuaded her to retire at that time, where it not necessary for Karen Catts to assist Respondent in providing care for his mother because of her declining health and because of Respondent's own health problems. 34. Respondent and his wife took these actions in the expectation that he would continue to provide care for his mother in accordance with the terms of their original agreement and that he would continue to receive the compensation from his mother's assets as had been agreed. 35. The cost to Respondent and his wife to provide the health and dental insurance benefits which she lost by her early retirement, and which she has had to replace threw her employer's COBRA benefits, are as follows: A. Health insurance $475.05. B. Dental insurance $106.84. 36. At all times relevant to Respondent's care for his parents, he shared relevant information with Steven, Barbara, and his other sibling. 37. Since Petitioners assumed control of their mother's assets and income, they have failed to honor the agreements reached between Respondent and his parents. They have failed and refused to compensate Respondent for the financial losses he suffered. 38. Since obtaining their mother's Power of Attorney, Steven and Barbara have made false and defamatory statements about Respondent. They have accused him of misappropriating, or even stealing, his mother's assets, diverting cash to his benefit, and otherwise mistreating her finances, all of which are false accusations. 39. Petitioners, by their conduct, have injured Respondent and his wife Karen Catts in an amount substantially in excess of$50,000.00. WHEREFORE, Respondent prays this court to take the following action: A. Dismiss Petitioner's Petition accusing Respondent of mishandling his mother's funds; B. Require Petitioners to compensate Respondent and his wife for the financial losses they suffered as a result of Respondent's services to his parents, including, without limitation, the agreed monthly payment which he postponed to assist his mother; C. Require Petitioners to pay Respondent and his wife reasonable compensation for the past and future loss of compensation and benefits which Respondent lost as a result of his services to his parents pursuant to the Power of Attorney they gave him; D. Require Petitioners to pay Respondent and his wife reasonable compensation for the past and future loss of compensation and benefits which Karen Catts lost as a result of his services to his parents pursuant to the Power of Attorney they gave him; E. Award Respondent monetary damages in an amount in excess of $50,000.00 for their false and defamatory statements about him and the harm it has caused him as a result; F. Interest on the above sums, at the lawful rate, from the date those payments were due until payment is made in full; G. Award to Respondent and his wife, from the Petitioners, the reasonable attorneys fees he has incurred and will incur throughout this litigation; and H. Such other actions as the court deems appropriate or equitable. Samuel L. Andes Attorney for Respondent Supreme Court ID # 17225 525 North 12�' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 E ♦ I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: r' � � 3 Thomas W. Catts /� y I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ���3 K Catts , . CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Petitioners herein by regular mail,postage prepaid, addressed as follows: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 lala�l�� . Date: . Amy . Harkins Secretary for Samuel L. Andes