July 14, 2012 A.D.

Christopher H. Schubert
Chriss@RRHC.com
Extension 216
Eagleview Corporate Center
PO Box 1265
Exton, PA 19341
Tel. : 610-458-4400
Fax : 610-458-4441

April 25, 2012

Riley Riper Hollin & Colagreco

Re: John Palamar, Jr. / Power of Attorney

Dear Mrs. Palamar :

I am an attorney, and your son, John, Jr., has asked me to look over your power of attorney.  Recall, that in 2001 you granted him a general power of attorney.  Your power of attorney gave John, Jr. broad powers and authority on your behalf, including making financial decisions for you.

John retained my services to discuss various aspects of your current financial affairs.  Your power of attorney allows him to seek the advice of an attorney for his and your benefit.

John told me that on many occasions you told him that you wanted to put money aside for your son, Edward, since Edward is disabled, is collecting money through SSI and does not have a steady job.  On your behalf, John contacted a law firm in Pottstown, Pennsylvania.  The attorney, Kathleen Martin, suggested a way to put money aside by establishing a trust "for the sole benefit" of Edward.  To establish this trust, Edward needed to contact the law firm to have his disability status clarified and established for Social Security purposes.  Recall that John sent you a letter dated September 19, 2011, which described what you and Edward needed to do to enable you to put money aside for him.  In addition, prior to the letter, John told you and Edward in person and in numerous telephone calls what needed to be done to carry out your wishes for Edward.  Although you have both been repeatedly encouraged by John to take action, neither of you have cooperated with him and no action has been taken.  John has expressed his frustration to me with this lack of cooperation.  Rather than cooperate, Edward on two occasions went to the law offices, was disruptive and demanded the return of the fees paid to the law firm for the services they provided on your behalf.  As a result, John has not been able to establish a trust for Edward.  He has been and will continue to use your available cash assets to pay St. Martha Manor until that money runs out.  There will be no money set aside for Edward.

In addition, John has told me of the need to sell your home at 463 Nutt Road, Phoenixville, Pennsylvania 19460.  You have told him that you understand your home needs to be sold since Edward does not have sufficient monthly income and will be unable to pay the monthly bills or expenses to maintain the home.  John contacted a realtor to begin the process of selling the home.  The realtor inspected the home with John and your sons, David and Edward.  The realtor agreed to list and market the home for sale.  Before the realtor could begin her work, Edward called her and caused her to fear for her safety.  As a result of Edward's threatening call to the realtor, she called the police.  The police went to the home and advised Edward that he would be arrested if he had any contact with the realtor in the future.  The realtor subsequently advised John that because of safety concerns, she could not list and market the home to prospective buyers as long as Edward lives there.  You have told John that you would not ask Edward to leave the home.

Therefore, as a result of the above, this is what will likely happen :

* At your current rate of spending, your cash assets will be run out in 3-5 months.  The home is in need of repair, painting and cleaning.  If your cash assets are used for these purposes, the cash will run-out even sooner.

* You will need to make application for Medicaid, to provide for your continued care at St. Martha Manor.  This must be done at least two months before your cash assets are depleted.  That means that you need to make application for Medicaid now.  Once you begin to receive Medicaid, your Social Security and pension benefits will be paid directly to St. Martha Manor.  Medicaid will put a lien (like a mortgage) on your home to recoup any money that Medicaid pays for your care.  This money will be repaid at the time the home sells.

* When you go on Medicaid, you will have no money to pay the ongoing monthly expenses, taxes, or maintenance of the home.  You also will have no money to pay for property and liability insurance on the home.  Utilities such as electric, water, gas, telephone, cable etc. services will be turned off due to non-payment.  If the taxes are not paid, the County will ultimately force the sale of the home to satisfy the unpaid taxes.  When the house is sold at tax sale, the balance of the money from the sale will be paid to Medicaid, as previously stated.

* Because of your refusal to have Edward move out of the home, his behavior and lack of cooperation with the law firm that recommended a way to shelter money for him, John believes that he has done all that he can do to help you with these two issues.  Also, he does not want to seek a court order to force either you or Edward to cooperate, since doing so will involve additional legal costs and expenses that will simply take what little money remains away from your care.

Based on these facts, it is very important that you understand that John has come to the conclusion that there is nothing more that he can do regarding your home.  In addition, as a result of Edward's behavior and lack of cooperation.  John can no longer assist you in any manner for Edward's benefit, since John cannot stop Edward from making bad decisions.  Therefore, I am hereby advising you that John will no longer accept responsibility under your power of attorney for anything concerning your home or your desires concerning Edward's care.  As such, John is only going to act as your power-of-attorney on very limited matters such as receiving and paying your bills until all of your cash assets are depleted.  To be clear, you will now have the sole responsibility of dealing with Edward and the disposition of your home.

Also, you will now need to complete the application for Medicaid.  Although John is listed as the responsible party for your benefit while you are in St. Martha Manor, he will also not assist you in completing the application because this may include dealing with Edward.  John has no intentions of being involved with Edward in any way.  Therefore, it will be important for you to obtain assistance from another person to help complete the Medicaid application.  There may be a social worker at St. Martha's Manor to assist, or you can request the assistance of an accountant or attorney.

In closing, you need to understand the serious nature of these matters.  John will continue to exercise his limited power of attorney in such areas as receiving and paying your bills until all of your cash assets are depleted.  However, if you feel that John is no longer meeting your needs as power-of-attorney, you have a right to tell John to give up his duties as your power-of-attorney, and then you can appoint an alternate power-of-attorney to take over.  You should speak with your own lawyer about that issue.

Not dealing with these issues may create legal or tax problems for you.  If you have any questions about the content of my letter, you may call me at my office.  My direct dial number is 610-458-0896.  However, I cannot give you any legal advice, since I have been hired by John to give him advice.  You should therefore obtain legal advice from your own lawyer.  If you do not have a lawyer or cannot afford one, you can phone the Chester County Bar Association to find out where you can get legal help and possibly to receive those services free of charge.  The number for the Bar Association is 610-692-1889.

Very truly yours,
CHRISTOPHER H. SCHUBERT

***

Addendum of January 29, 2020 A.D. :  the above Christopher H. Schubert and associates are now conspirators / co-conspirators in murder, robbery, theft, and all manner of crime, and as such, due to the abusive (assaultive) nature of his letter (e-mail / writing), the crime remains unforgiven until restitution is provided.