Tom Price

  • August 2017
    • Thomas J. Price Jr. (Tom) lost his wife of 60 years
      • Before passing, Helen and Tom invited their son (Jeff) to their meeting with their Financial Adviser (Kent Donley) and his daughter Brook Donley-Behrens (Brook).
      • This can be confirmed with Kent Donley’s notes from Edward Jones
      • This was not the first time that Tom and Helen had invited Jeff to participate in their meetings with Kent Donley. Over the course of 20 years, Tom and Helen occasionally invited Jeff to attend but never invited Teresa.
  • September 2017
    • Tom trusted his son (Jeff) to help him with financial concerns.
      • Tom gave Jeff “Full Trading Authority,” and Jeff was fully aware of Tom’s portfolio.
      • Jeff has never used his trading authority.
      • Jeff had the power to write checks from the account, but he never did. Item three is checked.Trading Authorization
    • Before moving to Chicago, Jeff assisted Tom to set auto-pay for most of Tom’s payment
  • February 2018
    • While Tom was still grieving over his wife, and six months after his son returned to Chicago, his daughter Teresa J. Kuhn (Teresa), whom he trusted at the time, encouraged him to change his Financial Power of Attorney from Country Club Bank & Trust to herself in February of 2018. In August of 2022, Teresa took offense that Tom wanted to change his Financial Power of Attorney to where Jeff and Teresa were joint.
  •  September 2017 through December 2021
    • Tom lived independently and managed his day-to-day affairs.
    • Jeff called Tom every day to see how things were going.
  • April 2018
    • Jeff moved back to Kansas City from Chicago to assist in the care of his father.
  • June 2021
    • Tom made the decision to invest $90,000
    • If Jeff were stealing or manipulating Tom (as he is being accused of), Jeff would not have had his father reinvest the $90,000. Stealing from Tom’s bank account would have been easier than from Edward Jones.
      June 2021
  • July 24, 2021
    • Withdrawal of the $70,000
  • August 2021
    • Jeff began talking to Tom about moving to an independent care facility, Cedar Lake Village.
  • September 8, 2021
    • Brook communicated and included Jeff.
      September 8 2021
    • Jeff joined Tom on his annual Edward Jones reviews starting in September 2017, Brook never expressed any concerns.
  • December 11, 2021
    • Tom moved from his residence of 30 years into independent care at Cedar Lake Village.
    • Tom asked Jeff to move all his bills to autopay.
    • Jeff & Teresa worked together as siblings to move Tom. There were no family issues
    • Teresa provided the access codes to Cedar Lake Village.

      *NOTE: Michele Burg accused Jeff of isolating Tom from everyone. Cedar Lake Village, Benton House, Clover Care, and hospitals were all open for Teresa and anyone else, including family, to see Tom.
      December 11 2021

  • December 23, 2021
    • Jeff and his daughter Kelley exchanged caring text messages as the family prepared for Christmas in 2021. There were no issues between Jeff and Kelley. The issue arose after Teresa began telling family members lies about Jeff.
      December 23 2021
  • March 2022
    • Jeff began discussing moving Tom to assisted living with Teresa and Cedar Lake Village.
      • Jeff worked with Cedar Lake Village to show Tom the assisted living facilities
      • Teresa scheduled and showed Tom Westchester Village of Lenexa
      • There were no family issues.
    • Tom asked Jeff and Teresa to sell the house and the content
      • Teresa and her husband, Bruce Kuhn, were interested in purchasing the house.
      • Teresa found an appraiser, and the property was appraised at $512,000 (Appraisal).
      • Teresa had Tom pay for the appraisal (Appraisal Invoice)
      • Teresa and Bruce tried to persuade Tom that the house was worth only the appraised value.
      • Teresa and Bruce offered Tom $476,160 (appraised value minus 7% relater fees)
      • Tom felt the property was worth more. He said he wanted to make it a family decision and include Jeff.
      • Tom discussed the sale with Jeff; Tom felt the best way to find the true value of the house was to put it on the market.
      • Tom offered Teresa and Bruce the first right of refusal, but they were not interested.
      • Working together, Tom and Jeff found a realtor to list the property
      • After listing the house with a realtor, Teresa was unwilling to participate in selling the house and content.
  • March 29, 2022
    • Tom worked independently with the realtor (Tanna Guthrie, 913-568-4888) to list and sell the house (House Contract) and land (Land Contact.)
    • Tom signed all the listings and closing contracts himself; no family members were present.
      • Teresa was invited but declined
      • Jeff had work obligations and was not available
      • Jeff did work with Tanna to prep and show the house since Tom was no longer living there.
  • March 30, 2022
    • Working with Tom, Jeff found an auctioneer (Ron Stricker, 913-963-3800) to sell the content of the house.
    • Tom worked solely with Mr. Stricter in selling the content of his house and signed the contract (Auction Contract) himself, and no family members were present.
    • Jeff worked with Mr. Stricter to prep and be present on the day of the sale and the days after.
  • April 8, 2022
    • Jeff notifies the family that Tom has a new phone and phone number.
      April 8, 2022
  • May 2022
    • House closed
  • May 7, 2022
    • The auction was held
    • Teresa was asked to bring Tom to the auction, but she refused.
    • Tom sold his two vehicles and had no other means of transportation. This is why Teresa and Jeff took him to Tom’s doctor appointments.
      • Michelle Burg implied that Jeff started taking Tom to appointments to influence Tom, physicians, Edward Jones, and attorneys. This is not true; Tom had no means of transportation.
      • Michelle Burg withheld from the courts that Teresa took Tom to his appointments.
  • May 9, 2022
    • After the auction, Jr. Stricter met with Tom to sign the final statement and pay Tom his portion of the sale.
    • The two of them had a lengthy gentlemen’s conversation. There were no family members present.
  • May 16, 2022
    • Tom asked Brook of Edward Jones to stop his IRA distributions to his bank account (Bank Statements) and redirect them into his Trust Account. Tom was aware that if he needed funds, there would be no issue in getting them from his Trust. Brook felt that Tom was competent to make this decision.
      • Edward Jones Statements are supporting the redirect of funds.
      • The Edward Jones document states that on 2/16/23, confirms that the funds were being reinvested. David Kirk stopped reinvesting Tom’s IRA distributions, supporting that Tom did have Edward Jones redirect his funds into his Trust account.
        May 2022

      • If Jeff Price were influencing Tom and stealing money (as he is being accused of), Jeff would have convinced his father that he should not redirect the funds. It would be harder to steal from Ed Jones’s account than Tom’s bank account.
      • Jeff could have written a check on the Edward Jones account but never did.
  • May 19, 2022
    • Brook contacted Jeff to call back with Tom, this shows’ that she felt there were no issues.
      May 19, 2022
  • June 30, 2022
    • Tom distributed the funds from the sale and content of the house
    • Teresa received a check for $400,000, and she did not question the funds and deposited the check. (Front) (Back)
      • Teresa felt that he was competent in distributing $800,000
    • Tom was extremely disappointed in Teresa and Bruce for trying to convince him to sell the house to them for $476,160 when the house was worth $800,000. Basically, trying to steal $323,840 from him.
  • July 2022
    • Tom asked for an in-person meeting with Brook, and Jeff was present. The meeting discussed Tom’s concern over Tom’s risk tolerance, market fluctuations, and desire to move funds to a Cash Reserve/Money Market.
    • Brook has Tom’s portfolio at 40% moderate and 60% high risk.
    • At this point, Tom’s account was down 1 million dollars from the prior year. This concerned him, and he wanted to preserve what he and his wife had built to level to their children. Brook explained market fluctuations and that the market would hopefully return in the next 3-5 years. She also asked Tom about his retirement and inheritance goals (Tom informed Brook that he had been retired for 30 years). It was established that he had met both and had plenty of money to sustain retirement and other medical/health care and long-term care/nursing home needs. Brook is also the broker/underwriter for his Long-Term Insurance Care with Genworth.
  • July 14, 2022
    • Brook Donley-Behrens felt that Tom was competent to sign this legal document.
      July 14 2022
  • August 10, 2022
    • Teresa scheduled and participated in Tom’s doctor’s appointment with his primary care physician, Dr. M. Schermoly.
      • IT SHOULD BE NOTED: Teresa was present and provided most of the answers. Dr. Schermoly can confirm this.
        • Michelle Burg has stated that Jeff was present during Tom’s appointments but withheld the fact from the judge that Teresa was present during appointments as well, providing negative comments
          • Michelle Burg has stated that Jeff was present during Tom’s appointments but withheld the fact from the judge that Teresa was present during appointments, which led to a Neurology report.
    • During this appointment, per Teresa’s request, Dr. Schermoly ordered an MRI and a Heart Test
    • On October 7, 2022, Tom and Jeff had a phone consultation with Dr. Schermoly to understand Tom’s health better. During the call, Dr. Schermoly expressed that, currently, there is no cure for Dementia or Alzheimer’s. However, there are medications available that can temporarily reduce the symptoms. At this time, Dr. Schermoly would not recommend them.
    • Jeff has been accused of not taking Tom to doctor appointments, and this is a false accusation that has been mentioned many times in hearings with the judge.
  • August 11, 2022
    • Tom requested a meeting (by phone) with Brook, Tom, Jeff, and Teresa (Jeff conferenced Teresa in the conversation.) The meeting discussed lowering his risk tolerance and moving some funds to a Money Market. After much discussion and discouragement by Brook, she agreed to draw up a proposal to lower him to moderate risk. Tom tried to request to move to low-risk and start a cash reserve over the next three months. Brook refused and was discouraged from even talking about moving funds to a money market. Again, Tom’s account was down 1 million dollars from the prior year, which concerned him. Brook again explained about market fluctuations and that the market would hopefully return in the next 3-5 years. Brook asked him again about his retirement goals and inheritance goals. It was, again, established that Tom had met both of them and had plenty of money to sustain retirement and other medical/health care and long-term care/nursing home needs with his Long-Term Insurance Care with Genworth.
    • It should be noted that Teresa was very much against making any changes to the account, changing his risk tolerance, or moving any to the Money Market. Teresa and Brook agreed.
    • *NOTE: To Tom’s and Jeff’s knowledge, Teresa had no involvement or interaction with Brook. Teresa also had no involvement or interaction with any of Tom’s finances at all. However, Teresa contacted Brook around the first of August. Neither Teresa nor Brook informed Tom of these conversations.
  • August 17, 2022
    • Teresa requesting to see the Will, Trust, and POAs
      Aug 17 2022
  • August 18, 2022
    • Tom met with Teresa and Jeff to discuss changes to the portfolio, work towards reducing risk, and build a cash reserve/money market.
      • This was when Jeff learned that Teresa had the power of attorney change in February 2018, again 6 months after Tom’s wife of 60 years passed away.
    • Tom also did not feel that Teresa and her husband had him in his best interest since they tried to manipulate him to sell his house to them for $323,840 less than the house sold for.
    • Tom expressed concerns about having just one of them named, especially since Jeff had been helping to manage his finances since 2017
    • After Tom said he wanted the FPOA to be changed immediately, Teresa left.
    • Later in the day, Tom and Jeff called Teresa and asked her to meet with the attorney to change the FPOA naming them both (dual). Teresa said, “Do whatever you want. I will not be attending.”
    • Tom asked Teresa to participate by phone, and she said, “I don’t care, and I don’t know if I am free that day,” and hung up.
  • August 19, 2022
    • Teresa took Tom to his first Neurology appointment. Appointment Notes
      • She did not inform Tom or Jeff that it was a Neurology appointment. She said it was for his abdominal area.
    • IT SHOULD BE NOTED: That Teresa was present and provided all the negative comments were from Teresa. Jennifer Watkins provided several positive remarks about Tom’s capacity and ….
        • Michelle Burg has stated that Jeff was present during Tom’s appointments but withheld the fact from the judge that Teresa was present during appointments the Neurology report.
    • When Tom learned that it was not for his abdominal area, he was extremely angry that Teresa had lied to him.
  • August 22, 2022
    • To resolve the conflict between Tom and Teresa in managing the Edward Jones account, Tom had an in-person meeting with Brook (Jeff attended). Tom inquired about dividing his portfolio in half, 3.5 million. Tom and Teresa would manage half, and Tom and Jeff would manage the other half. The half that would be managed between Tom and Jeff was less than half by roughly $400,000. Tom and Jeff left that meeting with the understanding that Brook would need to get ahold of corporate to discuss.
      Tom and Jeff in office meeting
    • Michelle Burg portrayed to the courts that Jeff went to Edward Jones by himself demanding the three and a half million.
      Aug 22 2022

    • In the above figure, it states that “Undersigned counsel has had conversations with Edward Jones regarding the transfer and be advised the account was frozen due to concerns about financial exploitation.”
    • Brook Donley-Behrens of Edward Jones notes documents do not support what Teresa and Michelle said happened
    • Brook Donley-Behrens notes documents that the meeting was on the 22.
    • Brook Donley-Behrens’s notes also say that it was by phone, not in person
    • Brook Donley-Behrens’s notes never mention the inquiry of 3.5 million in her notes
    • NOWHERE IN BROOK DONLEY-BEHRENS’S NOTES IS THERE ANY ENTRY REGARDING THE 3.5 MILLION FOR AUGUST 22 OR THE 23
    • In Edward Jones’s response to FINRA, They say that Tom and Jeff called and want to gift 3.5 million
    • In Edward Jones’s response to FINRA, they say that Ms. Theresa Kuhn called and expressed concerns about Mr. Tom Price’s understanding of the previous conversion.
    • MICHELLE BURG CLAIMS THAT THERESA KNOWS NOTHING ABOUT THE 22 OR 23.
    • MORE IMPORTANTLY, HOW DID THERESA KNOW WHAT HAPPENED ON THE 22?
      Aug 22 2022 2

    • The story that Michelle Burn is telling the Johnson County Courts is not the same story that Edward Jones is stating in a Federal investigation by FINRA.

      • In another response to FINFA, Brook Donley-Behrens says that on August 22, 2022, “I met with Mr. Tom Price and Mr. Jeff Price.
      • In the same responses to FINRA, Book Donley-Behrens says that on August 23, 2023, “Ms. Kuhn called our office…”
  • August 23 ’22
    • Brook called Jeff, and Jeff conferenced in Tom. Brook provided an update that she and Edward Jones were looking into further into the matter. She provided that for it to happen, Tom would have $400,000 in taxes.  When asked why, she said that was because of the selling of the investment. Tom reiterated that he wanted to transfer, not sell. Brook informed him that Edward Jones had to sell to the transfer.
  • August 24 ’22
    • Teresa went to Tom’s house and told him Brook was trying to get a hold of him to approve for Brook to discuss his account with Teresa. He never contacted Brook about that and gave any approval for Brook to discuss his account with anyone but Jeff.
    • *NOTE: Tom was on the phone with Jeff at the time Teresa arrived. He did not hang up, and Jeff overheard the conversation.
  • August 25 ’22
    • Phone call with Brook, Tom, Jeff, and an individual from corporate, Dan.  Tom and Jeff were informed that the account was frozen due to an anonymous tip that Tom was incapacitated and would need a doctor’s note to say he was not incapacitated and capable of making financial decisions.
    • *NOTE: Notice the print date on Exhibit A, August 24, 2022
    • Tom was taken to the emergency room for chest pains.
  • September 3, ’22
    • Teresa left for a weeklong trip. She did not inform Tom or Jeff of when she was leaving nor when she would be returning. She had asked Tom’s granddaughter (Megan) to stop by and fill his pill bottle.
    • *Note: Before leaving, Teresa ensures that any prescription needs filling. Jeff had a prescription filled and informed Megan that she did not have to fill the pill bottle. Jeff would take care of it.
  • September 12, ’22
    • Phone call with Brook (Recording Timeline), Tom, and Jeff. They called to inquire about what was going on with the account and tried to answer some questions.
    • *NOTE: Brook did confirm that Edward Jones did receive an anonymous tip
    • *NOTE: Brook confirmed that once they received a letter from a licensed physician Edward Jones would unfreeze his account.
  • September 21, “22
  • September 22, ’22
    • Jeff and Amanda scheduled (by phone) an in-person meeting with Tom, Jeff, and Amanda on September 27.
    • Phone call with Tom, Jeff, Brook, and Dan/Compliance Supervision.
    • Dan said Jeff was not on the account and requested that Jeff not be on the call.
    • Tom informed Dan that Jeff had full Trading Authority, and he wanted Jeff on the call.
    • Dan said they no longer recognize that.
    • That is when he told Tom that Edward Jones had enacted FINRA 2165 based on the 3.5-million-dollar inquiry on Aug. 22.
    • There was no mention of the doctor’s note or them unfreezing the account, as Brook said she would do upon receipt of the doctor’s note.
    • They gave no other info on what the next steps would be.
  • September 27, ’22
    • Amanda met with Tom first alone and then with Jeff alone. The understanding they had from her when both meetings were concluded was that there was no elderly abuse and no cause for concern or further action. She said she needed to follow up with Edward Jones to complete her report and unfreeze the account. She said she would follow up with a letter to Tom Price with her report and findings.
  • October 7, ’22
    • Jeff had a phone consultation with Dr. Schermoly. During this call, Dr. Schermoly expressed that there currently was no cure for Dementia or Alzheimer’s. However, there are medications available that can temporarily reduce the symptoms. Medicines are available to help temporarily improve some symptoms. At this time, he would not recommend them.
    • When asked why he had made the referral, he said he did not recall prescribing it. But did remember Teresa requesting it.
    • Additionally, the physician said that the two tests the Thomas J. Price Jr. would not have changed his course of action.
  • October 14, ’22
    • Tom and Jeff were served papers that Teresa had filed.
    • This is also the first we have seen the letter from Donley Behrens of Edward Jones to Teresa, informing her of the 3.5 million dollars in question ( KUH01-01 Exhibit B .)
    • The letter was also sent 3 days after the doctor’s note was hand-delivered to the advisor Brook’s office.
    • *NOTE: To this day, the doctor’s letter has not been acknowledged or mentioned.
  • October 19, ’22
    • Court
  • October 21, ’22
    • Teresa texted about additional testing
  • October 24, ’22
    • Olathe Medical called to make an appointment. An appointment is on the 7th at…CAT test from Teresa
  • November 1, ’22
    • Teresa visited Tom
  • November 3, ’22 eMail
    • Stacey stated, “Mr. Price has the ability even if he is under a guardianship to decide who he sees.”
    • Michelle stated “Jeff reached out to Terri… “
    • Michelle stated Terri responded “… Dr. Schermonly ordered 2 of the 3 and neurologist ordered the other…”
    • *NOTE: Dr. Schermonly canceled the 2 orders because he felt they were not needed.
    • Michelle’s status “he continues to believe she had something to do with the event and incident at Edward Jones and that she stole money from him.  She did not.”
    • *Note: Tom has never told anyone for a year that he thought Terri stole money. This is a claim that Terri’s claims Tom made.
    • *Note: The Edward Jones documents and GAL report support that Terri was aware of the events in August.
  • November 4 -7, ’22
    • eMail: David Kirk communicates that he will submit a Temporary Conservatorship
    • Dad’s attorney states that they “would like to find an entity that could serve as both Conservator and Successor Trustee. 
  • November 16, ’22
    • Granddaughter Megan visited, asked several probing questions, and walked through his place.
  • November 17, ’22
    • Megan visited again. Tom said she was asking probing questions again and going through his place.
  • November 19, ’22
    • Corresponds with Teresa
    • Megan visited with her boyfriend, and Tom did not feel comfortable seeing her after her last visit.
    • Granddaughters called, first Stacy, Kelly, and then Magen ~ Dad told them that after what Magen had done, he did not want to see them until after the court case.
  • January … GAL
  • January 27, 2023
    • Jon Blongewicz letter to Hon. Thomas Sachse (Mediator)
    • Quotes from Jon.
      • “Teresa has brought this action, but in my opinion, does not have strong medical evidence. No actual doctor’s report has been provided; just some testing notes, which are inconclusive.”
      • “I am convinced that, while he has some minor issues easily stating his thoughts, that he does get his thoughts out, and in my opinion he is competent, or otherwise I would not have taken on this representation.”
      • “I believe that Tom, working with Jeff as a Power of Attorney, will be an outstanding result for Tom and fits best with his desires.”
      • “Jeff Price is a strong personality, who can easily rub someone the wrong way. He can be aggressive and abrasive.

        But, the reality is that he cares for his father and is close to his father. More importantly, Tom Price enjoys his son, trusts his son, and they have a good relationship. (I am convinced of this, and believe he can convince you and the Court also.) Tom feels like Jeff, and he can work well together.”

      • “On the other hand, he now distrusts his daughter. Tom says, “I don’t know if I can forgive her.” He is angry and upset over this Court matter. It has stressed him. He is hurt by what he feels are lies told by his daughter. He also feels that she has not put in the effort to help him like his son has.”

      • “Are Tom’s feelings about Teresa as a result of Jeff negatively influencing him? I have endeavored to flush that out, and do not think it is so. You can talk to him and come to your own conclusions.”

      • “He would be fine somehow satisfying his daughter that his money is safe, if that is her concern.”

      • “I am advocating for Tom in this case because I think his wishes were not being respected and his voice was not being heard.”

      • I suspect that Teresa has good motives that she wants the best for her father. But frankly, my impression is that their relationship, while adequate before this, (with the usual “father/daughter issues” as Tom phrases it) has been significantly damaged by this Court action.

      • “The bottom line is that, in my opinion, there is nothing wrong or abnormal in Tom Price being closer with his son than his daughter, and wanting to work with his son on his matters rather than his daughter. That happens in families sometimes. But, somehow everyone seems suspicious of this.”

      • “He informed me that he was upset about the amount of money he was losing in his account in 2022, and wanted to discuss the fact that Edward Jones had him in some higher risk investments, which resulted in the issues at Edward Jones, mentioned in Jeff Price’s outline.”

      • “Mr. Price is disappointed in his Edward Jones representative because he believes that they were not honoring his wishes and possibly communicating with Teresa behind his back.”

      • “He was contemplating moving some assets to be managed by Creative Planning wealth investment firm. (The Power of Attorneys prepared for him in September of 2022, were done by attorneys at Creative Planning.)

      • “It is all of this interaction with Edward Jones as mentioned in the outline (and in Court pleadings,) that probably triggered this filing. For what it is worth, Kansas Adult Protective Services investigated and found there was no financial exploitation going on.”

  • February 1, ’23
    • Mediation
  • February 14, ’23: eMail between Adam Hoopes and David Kirk
    • Moving Tom’s Portfolio from Edward Jones to Creative Planning.
    • Adam Hoops reminded David Kirk that the temporary order was going to expire.
    • David Kirk “I have asked that Creative Planning leave me alone. I know where to find you if I need you.”
  • September 4, ’23
    • Jeff visited Tom. Tom was unable to urinate and was in pain. Jeff took Tom to AdventHealth ER located at Prairie Star and 7 Highway
  • September 5, ’23
    • In the early morning, Tom was admitted to AdventHealth and transported to the main location at 75th and I-35.
    • Jeff notified Teresa by text that Tom was in the hospital
  • September ??
    • Jeff worked with Westchester to have Tom admitted for rehabilitation
  • October 6, ’23
    • Tom is discharged from rehab at Westchester.
    • Tom moves into Clover Care.
  •  October 16, ’23
  • November 7 2023
  • December 12, ’23
    • Tom Price Emergency Temp Order
    • Tom has been in the hospital, ER, and rehab and has moved twice in the last year. 3 times if you count his long-term stay at Westchester Rehab. Jeff notified his sister and you notified counsel. Nobody did a thing. Tom was taken care of accordingly and without issue.
    • Also, we take issue with the language in the proposed order referring to a jury trial. Tom and Jeff were told by Jon that was NOT an option.
    • Again, nobody, including Teresa, did a thing all the other times Tom has had issues, hospital stays, Dr. appts, or any needs whatsoever.
    • now Tom has to pay David Kirk to “handle Tom’s affairs” while in the hospital again. Those same “affairs” that Jeff is again doing for free and without issue for his Dad, now for 5 hours this evening and back again in the morning. Not only does he do it for free, but it is time away from work. I doubt David Kirk is going to sit at Tom’s bedside for hours on end making sure he is not afraid, in pain, taken care of, or in any distress. If he does, he gets to charge thousands of dollars to do so.
    • Again, under no circumstances do we agree that Teresa’s petition is the truth. There is no reason for that language to be included in that order.
    • *NOTE: one of Leslie’s objectives when charged with duties of GAL, was to look into Tom’s health and care. We don’t believe there is one item that pertains to or mentions this.

Jeff’s Credit Card Statements.

Correspondences with David Kirk

Email to Maggie Fisher

Edward Jones Documents

 

Jeff Tax’s