HomeMy WebLinkAbout02-27-14 .
� �: : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
ESTHER E. CATTS :
: Docket No.: �( '� � "' (�3�
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: ORPHANS' COURT DIVISIOI�;=;` �-� � � , �?
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PETITION FOR HEARING ��.�� __ -
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Petition of Esther E. Catts as brought on her behalf by her lawfully appointed agent�;
Stephen W. Catts and Barbara E. Rice, by and through their counsel, R. Mark Thomas, Esquire,
who respectfully represents:
BACKGROUND
1. On January 10, 2013, due to Respondent's questionable handling of Petitioner's
finances while acting pursuant to a Power of Attorney, a Petition was filed for a Citation and
Injunction. (a copy of the Petition filed is attached hereto and incorporated herein as
Petitioner's Exhibit No. 1).
2. This court scheduled a hearing for February 11, 2013, and directed Respondent to
provide the court with an account of financial transactions taken on behalf of Petitioner as her
lawful agent.
3. By agreement of counsel, the hearing scheduled for February 11, 2013, was
continued generally.
4. Since February 2013, Petitioner, through her lawful agents has made numerous
demands for an accounting, but has yet to receive one.
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HEARING REQUEST
5. Paragraphs 1 through 4 are incorporated herein as if set forth at length.
6. Respondent left practically no records of Petitioner's financial status when he was
removed from his position as her agent under an earlier Power of Attorney.
7. Petitioner was compelled to reconstruct the entire history of several different
accounts which Petitioner had maintained at either Sovereign or Citizen's Banks during the
time Respondent was her agent.
8. In addition, Petitioner had to obtain t�transcripts from the IRS covering her tax
returns from 2008 up through and including 2012.
9. Respondent claims he left financial records at Petitioner's home, but he was
observed removing financial records from Petitioner's home after he had been advised that his
agency had been revoked by Petitioner.
10. Ultimately, Petitioner had to engage the services of a certified public accountant to
review what financial records Petitioner could gather.
11. Following a review of the financial records that Petitioner was able to reconstruct,
the certified public accountant's report concluded:
a. Transactions totaling$393,400.75 cannot be accounted for; and
b. Assuming, but not admitting, that Respondent is/was entitled to compensation
which is not accounted for,there would still remain a total of$295,288.53 in
transactions for which there is no documentation.
12. On December 9, 2013, Respondent's counsel was provided with a copy of the
certified public accountant's report, including a copy of the financial records upon which the
accountant's report was prepared.
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13. Respondent's counsel was also notified in the December 9, 2013, correspondence
that a demand was made for an accounting from Respondent of the undocumented transactions
totaling $295,288.53, and that come February 2014, Petitioner would seek a hearing with this
court.
14. To date, Respondent has not provided accounting.
15. Petitioner believes, and therefore avers, that absent being compelled to prepare an
accounting by this court, Respondent will not prepare such an accounting.
WHEREFORE, Petitioner prays this honorable court will issue an order that schedules a
hearing before this court at which Respondent is required to present to the court an accounting of
the financial transactions he conducted on behalf of Petitioner pursuant to the Power of Attorney
which appointed Respondent as Petitioner's lawful agent.
Respectfully Submitted,
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R. Mark Thomas, Esquire
ID#41301
101 S. Market St.
Mechanicsburg, PA 17055
717-796-2100
nnarkthomas(�pmail.com
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CERTIFICATE OF SERVICE
I, R. Mark Thomas, Esquire, hereby certify that I have served a true and correct copy of the within
document on the following person by depositing a true and correct copy of the same in the U.S. Mail at
Mechanicsburg, Pennsylvania,First Class Postage pre-paid, addressed to:
Samuel L. Andes
Attorney-at-Law
PO Box 168
Lemoyne, PA 17043
Date: �`�/.�c� o�/!�
R. Mark Thomas, Esquire