Preview
FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021
"B"
EXHIBIT
FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF CHAUTAUQUA
In the Matter of the Petition of
AMBER R. MASON and AFFIDAVIT IN SUPPORT OF
DANIEL G. MASON, for the GUARDIANSHIP
Appointment of a CO-Guardians of
JAMES D. MASON, Index Number:
pursuant to Article 81 of the
Mental Hygiene Law
STATE OF NEW YORK )
) as.:
COUNTY OF CHAUTAUQUA )
I, liEEper , a physiciatiduly licensed to practice ntedicine in the State of New
York, und r penalty of perjury affirms as follows:
1. My license number is: 9 / / 38)(
2. My office is located at: S · MO.in Ú hbn
3. In my professional knowledge and/or background in the care and treatment of
persons with [ ] disabilitiesisas follows:
[ ] ntellectual
_
4. Reason for Evaluation:
A. Petition forGuardi=Ep.
B. Review of Guardianship.
___/C. Other: Co ov¼>e. 11µ/wn.c13vC
1 List the dates upon which you examined or evaluated the alleged irsapacitated person:
Oz 2.6
6. Please provide your diagnosis of the patient's condition:
un u .r
FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021
7. Is the patient or.eli s abilityto receive and evaluate information and to come.=fcate
decisions impaired? Yes No.
"yes,"
8. Ifthe âñswêr to #.6 is isthe person able to manage their financial resources or to
"yes,"
meet essentia! requiremcats for theirphysical health and safety? Yes 2No. If
please describe:
I verify that the statements made inthis An dâvit are true and correct.
Sign o y ician
Print Nam
01/11 /P021 17: 17PM (GMT-05 : 00)
FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF CHAUTAUQUA
In the Matter of the Petition of
AMBER R. MASON and AFFIDAVIT IN SUPPORT OF
DANIEL G. MASON, for the CO-GUARDIANSHIP
Appointment of a Co-Guardians of
JAMES D. MASON, pursuant to Article Index Number:
81 of the Mental Hygiene Law
DANIEL G. MASON, being duly sworn, deposes and says:
1. I am a competent person over the age of eighteen (18) years, and I
submit this affidavit in support of petitioner for request to be appointed co-
my
guardian of the person and property of James D. Mason, an alleged
incapacitated person (AIC).
2. I am the AIC's younger brother and have been close with my brother
for my entire life,or seventy (70) years; I am familiar with the circumstances
under which he married Kimberly Mason and their history since that time. I
know that my brother married her because she threatened to keep his children
in Arizona where he would never see them again unless he agreed to many her.
3. I reside at 4323 Reflections Blvd Apt. 103, Sunrise, FL 33351
and my telephone number 954-802-7370. I am currently retired and stay in
close contact with my brother until most recently. I have been in New York
visiting with family and have attempted to visit with my brother, the AIC,
however, each time I went to visit with him, I was turned away by Kimberly
Mason. Each time, a different excuse is given as to why I cannot see my
brother. I have been advised that they were sick, but then the following day,
were in back-to-back meetings all day and had no time to see me.
4. I am concerned for his safety and was told by other family members
that his wife may take him to Florida so the rest of the family cannot see him. I
was also told that he was recently diagnosed with congestive heart failure.
5. I am aware of particulars relating to business relating to the Taco
Hut restaurant located at 201 E. Third St.,Jamestown and was aware that he
was the sole owner of the business for forty-four (48) years. Although he was
married, he never wanted his wife to be a part of the business or have any
knowledge of the financial aspects of the business; this fact was commonly
known by his business managers and employees.
FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021
6. I am aware that he isnot as sharp as he was in the past. My brother,
the AIC is eighty (80) years old and about twenty (20) years older that his wife.
7. I know for a fact that my brother was manipulated into marrying his
current wife, Kim Mason. Kim took their two (2) daughters, Amber and
Lindsay to Arizona without my brother's knowledge and refused to return to
Jamestown, New York unless he agreed to marry her. My brother and Kim
were married September 25, 1991. My brother also advised me several years
ago that he just couldn't stay in the marriage anymore and that he had spoken
with an attorney regarding a divorce from Kim.
8. Since I have been in town with my wife, Connie Mason, (December
2020 to present) Kim has placed a for sale by owner sign in the Taco Hut
window and on 1/8/2021 had Century 21 listthe Taco Hut Building for sale
and placed a for sale sign in the window. My brother is the sole shareholder of
the corporation and upon information and belief, does not want to sell either
the business or the building.
9. My brother made itclear in a recent video (December 2020) taken
by his daughters, Amber Mason and Cheryl Mason, while at the Taco Hut
building with the bookkeeper Mary Beth; that video shows Kim talking over
him and will not lethim get close to the building. When he was able to go into
the neighboring business without Kim, he made itclear that he did not want to
sell the building or the business, in fact he told Kim that they all understand
that he does not want to sell and that the only one that did not understand was
her, Kim Mason.
10. Upon information and belief, Kim Mason has had all the locks
changed and she is the only one with a key and continues to pursue the sale of
the Taco Hut business and building even though my brother continues to make
his wishes known that he does not want to sell either the Taco Hut business or
the building. The mailing address was also changed for Taco Hut and all of the
past due tax notices and business mail is now going to Kim Mason.
11. Recently, within the past 6 years and for the entire time he has been
married to Kim, my brother and I have discussed his wishes for the Taco Hut,
the properties he owns and his plans for the future of all. From day one my
brother has made itclear that he did not want Kim to have any involvement
whatsoever in the Taco Hut business or his properties. My brother made itclear
to me and everyone involved in the business that Kim Mason was not to have
any access to the Taco Hut or the business; Kim Mason is aware of this and
does not have a good relationship with any of the staff at the restaurant.
12. My brother, the AIC, made Brian Johnson his Power of Attorney
and Executor of his Last Will and Testament. My brother made itclear to me
FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021
what his wishes were for the future of the Taco Hut and the business, and that
he had provided for the longevity of the business to operate long after he was
gone. My brother was adamant and believed that the safe-guards he put in
place would prevent Kim Mason from doing what she has recently
accomplished. I don't believe my brother ever thought anyone, especially
someone that claimed to love him, could ever be so vindictive so as to
completely destroy everytbing he spent his entire life building and do itin such
a short time.
13. Kim Mason has known my brother's wishes for years as Jim never
allowed her access to the business, nor did he ever allow her to work at the
restaurant. With a full understanding of the wishes of my brother, she has
totally undermined everything that my brother worked his entire life to build.
Kim Mason has managed to manipulate everything my brother put in place to
protect his legacy from her. Kim Mason has taken complete advantage of his
decline in health to his detriment.
14. Since I have been home, I have made several attempts to visit my
brother at his home, but when I go there, there are signs on the door that they
today"
are not "accepting visits and then the following day they are busy all
day with appointments.
15. I fear for my brother's safety and have not been able to lie eyes one
him to ensure that he issafe. I am requesting a co-guardianship over my
brother for the reasons stated herein, as for the purpose of filing a family
offense petition on his behalf based on the information, I have received from
others that Kim Mason has denied him food and clothing until he submits to
her wishes to gain access to his assets.
WHEREFORE, your deponent respectfully requests that this court grant
the emergency petition for co-guardianship and enter an order as requested by
the co-petitioners.
Date: / n
Signature
Sworn to before me this
/ / d y of J , 2021
o Pub ic
#01TH5078014
LOR o HERFELDT,
Public. Stad Na
Notary
EquaQilit
it
Qualified
FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF CHAUTAUQUA
In the Matter of the Petition of
AMBER R. MASON AND AFFIDAVIT IN SUPPORT OF
DANIEL G. MASON, for the CO-GUARDIANSHIP
Appointment of a CO-Guardians of
JAMES D. MASON, pursuant to Article 81 of Index Number:
the Mental Hygiene Law
S_TEPHANIE RICKETTS, being duly sworn, deposes and says:
1. I am a competent person over the age of eighteen (18) years, and I submit this
affidavit in support of the petitioners request to be appointed co-guardians of the person and
property of James D. Mason, an alleged incapacitated person (AIC).
2. I have known the AIC for more than twenty-four (24) years; I was employed
by him from 1998-2004 and then when I began working as a teller at Community Bank in
2013, he was customer of the bank
3. I reside at 259 Delaware Ave. in Jamestown, New York and my telephone
number 716-450-6198. I am currently employed at Commüñity Bank as a customer service
"CSR;"
representative I was promoted from tellerto (CSR) in 2016
4. I have a very good relationship with the AIC and have always considered him
a close and personal friend. I kept in touch with him afterI left his employment and have
worked closely with him in my professional role at Community Bank.
5. I am aware of particulars relating to business relating to the Taco Hut
restaurant located at 201 E. Third St.,Jamestown and was aware that he was the sole owner of
the business for forty-four (44) years. Although he was married, he never wanted his wife to
be a part of the business or have any knowledge of the financial aspects of the business; this
fact was commonly known by his business managers and employees.
6. I am aware that he is not as sharp as he was in the past. The AIC is eighty
(80) years old and about twenty (20) years older thathis wife.
7. Upon information and belief, the AIC with the assistance of the general
manager of Taco Hut, Barbara Casstaory (sp), and accountant, Mary Beth Franchina, applied
for a PPE loan though Corsemity Bank around April 2020. The loan was approved, and
Taco Hut began operating at the reduced capacity pursuant to executive order set in place by
Governor Cuomo.
8. I was alerted to a problem with Mr. Mason sometime after this in May or
June of 2020. I was alerted to some unusual activity with the AIC's accounts. I was very
concerned about the activity, but there was nothing I could do inmy capacity at the bank. I am
not certain how much information I can disclose but will be happy to testify ifsubpoenaed.
FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021
9. Sometime thereafter, Mr. Mason came into branch location accompanied
my
with his wife. Again, I was very concerned and took the AIC to a side room and shut the door
out of the company and earshot of his wife. At that time, I asked him ifthis was he
something
really wanted to do and he confided in me, as he broke down, saying that his wife, Kim, was
coercing him by withholding food, clean clothes and communication with the rest of his
family until he agreed to do everything that she asked him to do. He stated that she was
incessantly nagging him to add her to allof his personal and business accounts. She wanted
direct access to everything he had, even though she had been precluded from allof that
financial information for their entire marriage. I sent them away that day advising that I could
not help them out at thattime.
10. Upon information and belief, Taco Hut was permanently closed down two
weeks prior to Christmas. I was told that allof the employees had been fired and the business
was up for sale. This is not what I believe the AIC wanted and under the terms and conditions
of the PPE loan, to apply for forgiveness of that loan, the business must be operating and
retained at least 75% of the pay-rolled staff or the money has to be re-paid; there is a question
as to whether that money was fully used for payroll and stillavailable ifthe restaurant is
opened back up under new management.
11. I have been informed that Mr. Mason was diagnosed with dementia in the
past year and itis clear to me, based on my relationship and knowledge of what has taken
place in the past nine months, that the AIC was coerced and verbally abused by his spouse
into doing whatever she wanted and undoing allthat he had built and established over the past
47 years. I believe that he isin danger and at risk from further coercion from his spouse, i.e.
liquidating the business and skirting the financial obligations of the business tax liabilities and
PPE loan and forgivene.ss application.
WHEREFORE, your deponent respectfully requests that this court grant the
emergency petition for co-guardianship and enter an order as requested by the co-petitioners.
Date: / IÚ d / o (') o
Signature
Sworn to before me this
da of Jan ry 21
IVotary Public L
()
LORI L THIERFELDT,
#01TH50780tM
NotaryPublic, State of New
WirE
Qualified
in C¬%.rqua County
FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF CHAUTAUQUA
In the Matter of the Petition of
AMBER R. MASON AND AFFIDAVIT IN SUPPORT OF
DANIEL G. MASON, for the CO-GUARDIANSHIP
Appointment of a CO-Guardians of
JAMES D. MASON, pursuant to Article 81 of Index Number:
the Mental Hygiene Law
CHERYL A. MASON, being duly sworn, deposes and says:
1. I am a competent person over the age of eighteen (18) years, and I submit this
affidavit in support of the petitioners request to be appointed co-guardians of the person and
property of James D. Mason, an alleged incapacitated person (AIC).
2. I am one of the AIC's daughters; I have had a very close relationship with my
father, James D. Mason my entire life.
3. I reside at 70 ½ Forest Ave., in Jamestown, New York and my telephone
number 716-640-3440.
4. I have worked alongside of my father for the past forty (40) years at Taco Hut
Restaurant with all of my love.
5. Within the last six or seven (6 or 7) months this 48 year successful restaurant
has fallen to ruin. The managers were unable to get business mail, write checks for bills, as
Kim Mason,AIC's wife, has taken large sums of cash, up towards $90,000.00, out of the Taco
Hut Restaurants accounts.
6. Kim Mason has a gambling addiction and has for many years. My father has
given her, in the past, a weekly allowance, now she has no one to control her habit and has
used Taco Hut finances to support her addiction.
6. Kim fired the managers, changed the locks and wouldn't and stillhasn't let
anyone speak to my father, AIC.
7. The AIC would come to my home and cry. Stating "How could Kim do this
me?"
to Because of his mental health he has no idea why this is going on.
8. The people the AIC put in charge of Taco Hut , so that his business would be
FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021
part of Jamestown for years to come have been fired by Kim. This is not something that my
Dad would have wanted.
9. My father has kept Kim Mason separate from his business his entire
relationship with her. Now that my Dad has failed mentally, Kim has put her name on
everything, and this situation has to be addressed. This is not what my dad would want and
has never wanted.
WHEREFORE, your deponent respectfully requests that this court grant the
emergency petition for co-guardianship and enter an order as requested by the co-petitioners.
Date: / / Z-|2 /
f
Cheryl A. Mason
. MICHELE L
Sworn to before me this BERGMAN,
Commissioner of Deeds
day of January, 2021 in and for the
City of Jamestown,
NY
My Co issionExpires Aug. 30, 20
NotaiyTublic
FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF CHAUTAUQUA
In the Matter of the Petition of
AMBER R. MASON AND DANIEL G. AFFIDAVIT IN SUPPORT OF
MASON, for the Appointment of a CO- CO-GUARDIANSHIP
Guardians of JAMES D. MASON, pursuant to
Article 81 of the Mental Hygiene Law Index Number:
JENNIFER NELSON-CURRY, being duly swom, deposes and says:
1. I am a competent person over the age of eighteen (18) years, and I submit this
affidavit in support of the petitioners request to be appointed co-guardians of the person and
property of James D. Mason, an alleged incapacitated person (AIC).
2. I have known the AIC for more than twenty (20) years; I was employed by
him since 2002 until Kim Mason fired everyone.
2nd
3. I reside at 2244 Ave. in Lakewood, New York and my telephone number
716-499-2208. I am currently unemployed.
4. I have a very good relationship with the AIC and have always considered him
a close and personal friend.
5. I am aware of particulars relating to business relating to the Taco Hut
restaurant located at 201 E. Third St.,Jamestown and was aware that he was the sole owner of
the business for forty-four (44) years. Although he was married, he never wanted his wife to
be a part of the business or have any knowledge of the financial aspects of the business; this
fact was commonly known by his business managers and employees.
6. I am aware that he is not as sharp as he was in the past. The AIC is eighty
(80) years old and about twenty (20) years older that his wife.
7. Approximately a week before Kim closed Taco Hut, I was forced to wait on
Jim and Kim at the restaurant. Kim was coming at me about delivery. She was asking me
where the stuff she needed for delivery was. I said to Kim "I understand what you are trying to
do "and I look at Jim and said "Mason the twenty years I have been here with you, you have
been against delivery, because itwas impossible to keep customers happy with the volume we
here."
have
8. Jim looked back at me and said "I don't want to do delivery". I looked at
back?"
Kim and asked, "Then what are you trying to do shady shit behind his Kim then
knocked on Jim's temple and said "We talked about this remember ding-
physically already
dong."
9. At this point I raised my voice to Kim yelling at her asking, "why would you
that!?"
hit him in his head or speak to him like Kim responded, "because I'm his wife and I
FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070
NYSCEF can!"
DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021
. Itold Kim she should be ashamed of herself and she certainly did not act like a wife
should!
10. Kim then tried to get Jim to reprimand me, Jim told her, "Shut up right now,
here!"
before I kick you our of
11. Taco Hut was permanently closed down two weeks prior to Christmas. I
along with all of the employees were fired and the business was up for sale. This is not what I
believe the AIC wanted.
12. I have been informed that Mr. Mason was diagnosed with dementia in the
past year and itis clear to me, based on my relationship and knowledge of what has taken
place in the past nine months, that the AIC was coerced and verbally abused by his spouse
into doing whatever she wanted and undoing all that he had built and established over the past
47 years. I believe that he is in danger and at risk from further coercion from his spouse, i.e.
liquidating the business ..
WHEREFORE, your deponent respectfully requests that this court grant the
emergency petition for co-guardianship and enter an order as requested by the co-petitioners.
Signature
Sworn to before me this
l I day of January, 2021
Notary Pub ic
LO15 I. SHORT, #015H5033592
NotaryPublic, State of New York
Qualified
in Ch=±"e,"aCounty
My Commission Expires Sept. 26, 2
Preview
FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021 "B" EXHIBIT FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF CHAUTAUQUA In the Matter of the Petition of AMBER R. MASON and AFFIDAVIT IN SUPPORT OF DANIEL G. MASON, for the GUARDIANSHIP Appointment of a CO-Guardians of JAMES D. MASON, Index Number: pursuant to Article 81 of the Mental Hygiene Law STATE OF NEW YORK ) ) as.: COUNTY OF CHAUTAUQUA ) I, liEEper , a physiciatiduly licensed to practice ntedicine in the State of New York, und r penalty of perjury affirms as follows: 1. My license number is: 9 / / 38)( 2. My office is located at: S · MO.in Ú hbn 3. In my professional knowledge and/or background in the care and treatment of persons with [ ] disabilitiesisas follows: [ ] ntellectual _ 4. Reason for Evaluation: A. Petition forGuardi=Ep. B. Review of Guardianship. ___/C. Other: Co ov¼>e. 11µ/wn.c13vC 1 List the dates upon which you examined or evaluated the alleged irsapacitated person: Oz 2.6 6. Please provide your diagnosis of the patient's condition: un u .r FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021 7. Is the patient or.eli s abilityto receive and evaluate information and to come.=fcate decisions impaired? Yes No. "yes," 8. Ifthe âñswêr to #.6 is isthe person able to manage their financial resources or to "yes," meet essentia! requiremcats for theirphysical health and safety? Yes 2No. If please describe: I verify that the statements made inthis An dâvit are true and correct. Sign o y ician Print Nam 01/11 /P021 17: 17PM (GMT-05 : 00) FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF CHAUTAUQUA In the Matter of the Petition of AMBER R. MASON and AFFIDAVIT IN SUPPORT OF DANIEL G. MASON, for the CO-GUARDIANSHIP Appointment of a Co-Guardians of JAMES D. MASON, pursuant to Article Index Number: 81 of the Mental Hygiene Law DANIEL G. MASON, being duly sworn, deposes and says: 1. I am a competent person over the age of eighteen (18) years, and I submit this affidavit in support of petitioner for request to be appointed co- my guardian of the person and property of James D. Mason, an alleged incapacitated person (AIC). 2. I am the AIC's younger brother and have been close with my brother for my entire life,or seventy (70) years; I am familiar with the circumstances under which he married Kimberly Mason and their history since that time. I know that my brother married her because she threatened to keep his children in Arizona where he would never see them again unless he agreed to many her. 3. I reside at 4323 Reflections Blvd Apt. 103, Sunrise, FL 33351 and my telephone number 954-802-7370. I am currently retired and stay in close contact with my brother until most recently. I have been in New York visiting with family and have attempted to visit with my brother, the AIC, however, each time I went to visit with him, I was turned away by Kimberly Mason. Each time, a different excuse is given as to why I cannot see my brother. I have been advised that they were sick, but then the following day, were in back-to-back meetings all day and had no time to see me. 4. I am concerned for his safety and was told by other family members that his wife may take him to Florida so the rest of the family cannot see him. I was also told that he was recently diagnosed with congestive heart failure. 5. I am aware of particulars relating to business relating to the Taco Hut restaurant located at 201 E. Third St.,Jamestown and was aware that he was the sole owner of the business for forty-four (48) years. Although he was married, he never wanted his wife to be a part of the business or have any knowledge of the financial aspects of the business; this fact was commonly known by his business managers and employees. FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021 6. I am aware that he isnot as sharp as he was in the past. My brother, the AIC is eighty (80) years old and about twenty (20) years older that his wife. 7. I know for a fact that my brother was manipulated into marrying his current wife, Kim Mason. Kim took their two (2) daughters, Amber and Lindsay to Arizona without my brother's knowledge and refused to return to Jamestown, New York unless he agreed to marry her. My brother and Kim were married September 25, 1991. My brother also advised me several years ago that he just couldn't stay in the marriage anymore and that he had spoken with an attorney regarding a divorce from Kim. 8. Since I have been in town with my wife, Connie Mason, (December 2020 to present) Kim has placed a for sale by owner sign in the Taco Hut window and on 1/8/2021 had Century 21 listthe Taco Hut Building for sale and placed a for sale sign in the window. My brother is the sole shareholder of the corporation and upon information and belief, does not want to sell either the business or the building. 9. My brother made itclear in a recent video (December 2020) taken by his daughters, Amber Mason and Cheryl Mason, while at the Taco Hut building with the bookkeeper Mary Beth; that video shows Kim talking over him and will not lethim get close to the building. When he was able to go into the neighboring business without Kim, he made itclear that he did not want to sell the building or the business, in fact he told Kim that they all understand that he does not want to sell and that the only one that did not understand was her, Kim Mason. 10. Upon information and belief, Kim Mason has had all the locks changed and she is the only one with a key and continues to pursue the sale of the Taco Hut business and building even though my brother continues to make his wishes known that he does not want to sell either the Taco Hut business or the building. The mailing address was also changed for Taco Hut and all of the past due tax notices and business mail is now going to Kim Mason. 11. Recently, within the past 6 years and for the entire time he has been married to Kim, my brother and I have discussed his wishes for the Taco Hut, the properties he owns and his plans for the future of all. From day one my brother has made itclear that he did not want Kim to have any involvement whatsoever in the Taco Hut business or his properties. My brother made itclear to me and everyone involved in the business that Kim Mason was not to have any access to the Taco Hut or the business; Kim Mason is aware of this and does not have a good relationship with any of the staff at the restaurant. 12. My brother, the AIC, made Brian Johnson his Power of Attorney and Executor of his Last Will and Testament. My brother made itclear to me FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021 what his wishes were for the future of the Taco Hut and the business, and that he had provided for the longevity of the business to operate long after he was gone. My brother was adamant and believed that the safe-guards he put in place would prevent Kim Mason from doing what she has recently accomplished. I don't believe my brother ever thought anyone, especially someone that claimed to love him, could ever be so vindictive so as to completely destroy everytbing he spent his entire life building and do itin such a short time. 13. Kim Mason has known my brother's wishes for years as Jim never allowed her access to the business, nor did he ever allow her to work at the restaurant. With a full understanding of the wishes of my brother, she has totally undermined everything that my brother worked his entire life to build. Kim Mason has managed to manipulate everything my brother put in place to protect his legacy from her. Kim Mason has taken complete advantage of his decline in health to his detriment. 14. Since I have been home, I have made several attempts to visit my brother at his home, but when I go there, there are signs on the door that they today" are not "accepting visits and then the following day they are busy all day with appointments. 15. I fear for my brother's safety and have not been able to lie eyes one him to ensure that he issafe. I am requesting a co-guardianship over my brother for the reasons stated herein, as for the purpose of filing a family offense petition on his behalf based on the information, I have received from others that Kim Mason has denied him food and clothing until he submits to her wishes to gain access to his assets. WHEREFORE, your deponent respectfully requests that this court grant the emergency petition for co-guardianship and enter an order as requested by the co-petitioners. Date: / n Signature Sworn to before me this / / d y of J , 2021 o Pub ic #01TH5078014 LOR o HERFELDT, Public. Stad Na Notary EquaQilit it Qualified FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF CHAUTAUQUA In the Matter of the Petition of AMBER R. MASON AND AFFIDAVIT IN SUPPORT OF DANIEL G. MASON, for the CO-GUARDIANSHIP Appointment of a CO-Guardians of JAMES D. MASON, pursuant to Article 81 of Index Number: the Mental Hygiene Law S_TEPHANIE RICKETTS, being duly sworn, deposes and says: 1. I am a competent person over the age of eighteen (18) years, and I submit this affidavit in support of the petitioners request to be appointed co-guardians of the person and property of James D. Mason, an alleged incapacitated person (AIC). 2. I have known the AIC for more than twenty-four (24) years; I was employed by him from 1998-2004 and then when I began working as a teller at Community Bank in 2013, he was customer of the bank 3. I reside at 259 Delaware Ave. in Jamestown, New York and my telephone number 716-450-6198. I am currently employed at Commüñity Bank as a customer service "CSR;" representative I was promoted from tellerto (CSR) in 2016 4. I have a very good relationship with the AIC and have always considered him a close and personal friend. I kept in touch with him afterI left his employment and have worked closely with him in my professional role at Community Bank. 5. I am aware of particulars relating to business relating to the Taco Hut restaurant located at 201 E. Third St.,Jamestown and was aware that he was the sole owner of the business for forty-four (44) years. Although he was married, he never wanted his wife to be a part of the business or have any knowledge of the financial aspects of the business; this fact was commonly known by his business managers and employees. 6. I am aware that he is not as sharp as he was in the past. The AIC is eighty (80) years old and about twenty (20) years older thathis wife. 7. Upon information and belief, the AIC with the assistance of the general manager of Taco Hut, Barbara Casstaory (sp), and accountant, Mary Beth Franchina, applied for a PPE loan though Corsemity Bank around April 2020. The loan was approved, and Taco Hut began operating at the reduced capacity pursuant to executive order set in place by Governor Cuomo. 8. I was alerted to a problem with Mr. Mason sometime after this in May or June of 2020. I was alerted to some unusual activity with the AIC's accounts. I was very concerned about the activity, but there was nothing I could do inmy capacity at the bank. I am not certain how much information I can disclose but will be happy to testify ifsubpoenaed. FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021 9. Sometime thereafter, Mr. Mason came into branch location accompanied my with his wife. Again, I was very concerned and took the AIC to a side room and shut the door out of the company and earshot of his wife. At that time, I asked him ifthis was he something really wanted to do and he confided in me, as he broke down, saying that his wife, Kim, was coercing him by withholding food, clean clothes and communication with the rest of his family until he agreed to do everything that she asked him to do. He stated that she was incessantly nagging him to add her to allof his personal and business accounts. She wanted direct access to everything he had, even though she had been precluded from allof that financial information for their entire marriage. I sent them away that day advising that I could not help them out at thattime. 10. Upon information and belief, Taco Hut was permanently closed down two weeks prior to Christmas. I was told that allof the employees had been fired and the business was up for sale. This is not what I believe the AIC wanted and under the terms and conditions of the PPE loan, to apply for forgiveness of that loan, the business must be operating and retained at least 75% of the pay-rolled staff or the money has to be re-paid; there is a question as to whether that money was fully used for payroll and stillavailable ifthe restaurant is opened back up under new management. 11. I have been informed that Mr. Mason was diagnosed with dementia in the past year and itis clear to me, based on my relationship and knowledge of what has taken place in the past nine months, that the AIC was coerced and verbally abused by his spouse into doing whatever she wanted and undoing allthat he had built and established over the past 47 years. I believe that he isin danger and at risk from further coercion from his spouse, i.e. liquidating the business and skirting the financial obligations of the business tax liabilities and PPE loan and forgivene.ss application. WHEREFORE, your deponent respectfully requests that this court grant the emergency petition for co-guardianship and enter an order as requested by the co-petitioners. Date: / IÚ d / o (') o Signature Sworn to before me this da of Jan ry 21 IVotary Public L () LORI L THIERFELDT, #01TH50780tM NotaryPublic, State of New WirE Qualified in C¬%.rqua County FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF CHAUTAUQUA In the Matter of the Petition of AMBER R. MASON AND AFFIDAVIT IN SUPPORT OF DANIEL G. MASON, for the CO-GUARDIANSHIP Appointment of a CO-Guardians of JAMES D. MASON, pursuant to Article 81 of Index Number: the Mental Hygiene Law CHERYL A. MASON, being duly sworn, deposes and says: 1. I am a competent person over the age of eighteen (18) years, and I submit this affidavit in support of the petitioners request to be appointed co-guardians of the person and property of James D. Mason, an alleged incapacitated person (AIC). 2. I am one of the AIC's daughters; I have had a very close relationship with my father, James D. Mason my entire life. 3. I reside at 70 ½ Forest Ave., in Jamestown, New York and my telephone number 716-640-3440. 4. I have worked alongside of my father for the past forty (40) years at Taco Hut Restaurant with all of my love. 5. Within the last six or seven (6 or 7) months this 48 year successful restaurant has fallen to ruin. The managers were unable to get business mail, write checks for bills, as Kim Mason,AIC's wife, has taken large sums of cash, up towards $90,000.00, out of the Taco Hut Restaurants accounts. 6. Kim Mason has a gambling addiction and has for many years. My father has given her, in the past, a weekly allowance, now she has no one to control her habit and has used Taco Hut finances to support her addiction. 6. Kim fired the managers, changed the locks and wouldn't and stillhasn't let anyone speak to my father, AIC. 7. The AIC would come to my home and cry. Stating "How could Kim do this me?" to Because of his mental health he has no idea why this is going on. 8. The people the AIC put in charge of Taco Hut , so that his business would be FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021 part of Jamestown for years to come have been fired by Kim. This is not something that my Dad would have wanted. 9. My father has kept Kim Mason separate from his business his entire relationship with her. Now that my Dad has failed mentally, Kim has put her name on everything, and this situation has to be addressed. This is not what my dad would want and has never wanted. WHEREFORE, your deponent respectfully requests that this court grant the emergency petition for co-guardianship and enter an order as requested by the co-petitioners. Date: / / Z-|2 / f Cheryl A. Mason . MICHELE L Sworn to before me this BERGMAN, Commissioner of Deeds day of January, 2021 in and for the City of Jamestown, NY My Co issionExpires Aug. 30, 20 NotaiyTublic FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF CHAUTAUQUA In the Matter of the Petition of AMBER R. MASON AND DANIEL G. AFFIDAVIT IN SUPPORT OF MASON, for the Appointment of a CO- CO-GUARDIANSHIP Guardians of JAMES D. MASON, pursuant to Article 81 of the Mental Hygiene Law Index Number: JENNIFER NELSON-CURRY, being duly swom, deposes and says: 1. I am a competent person over the age of eighteen (18) years, and I submit this affidavit in support of the petitioners request to be appointed co-guardians of the person and property of James D. Mason, an alleged incapacitated person (AIC). 2. I have known the AIC for more than twenty (20) years; I was employed by him since 2002 until Kim Mason fired everyone. 2nd 3. I reside at 2244 Ave. in Lakewood, New York and my telephone number 716-499-2208. I am currently unemployed. 4. I have a very good relationship with the AIC and have always considered him a close and personal friend. 5. I am aware of particulars relating to business relating to the Taco Hut restaurant located at 201 E. Third St.,Jamestown and was aware that he was the sole owner of the business for forty-four (44) years. Although he was married, he never wanted his wife to be a part of the business or have any knowledge of the financial aspects of the business; this fact was commonly known by his business managers and employees. 6. I am aware that he is not as sharp as he was in the past. The AIC is eighty (80) years old and about twenty (20) years older that his wife. 7. Approximately a week before Kim closed Taco Hut, I was forced to wait on Jim and Kim at the restaurant. Kim was coming at me about delivery. She was asking me where the stuff she needed for delivery was. I said to Kim "I understand what you are trying to do "and I look at Jim and said "Mason the twenty years I have been here with you, you have been against delivery, because itwas impossible to keep customers happy with the volume we here." have 8. Jim looked back at me and said "I don't want to do delivery". I looked at back?" Kim and asked, "Then what are you trying to do shady shit behind his Kim then knocked on Jim's temple and said "We talked about this remember ding- physically already dong." 9. At this point I raised my voice to Kim yelling at her asking, "why would you that!?" hit him in his head or speak to him like Kim responded, "because I'm his wife and I FILED: CHAUTAUQUA COUNTY CLERK 01/19/2021 11:10 AM INDEX NO. EK12021000070 NYSCEF can!" DOC. NO. 8 RECEIVED NYSCEF: 01/19/2021 . Itold Kim she should be ashamed of herself and she certainly did not act like a wife should! 10. Kim then tried to get Jim to reprimand me, Jim told her, "Shut up right now, here!" before I kick you our of 11. Taco Hut was permanently closed down two weeks prior to Christmas. I along with all of the employees were fired and the business was up for sale. This is not what I believe the AIC wanted. 12. I have been informed that Mr. Mason was diagnosed with dementia in the past year and itis clear to me, based on my relationship and knowledge of what has taken place in the past nine months, that the AIC was coerced and verbally abused by his spouse into doing whatever she wanted and undoing all that he had built and established over the past 47 years. I believe that he is in danger and at risk from further coercion from his spouse, i.e. liquidating the business .. WHEREFORE, your deponent respectfully requests that this court grant the emergency petition for co-guardianship and enter an order as requested by the co-petitioners. Signature Sworn to before me this l I day of January, 2021 Notary Pub ic LO15 I. SHORT, #015H5033592 NotaryPublic, State of New York Qualified in Ch=±"e,"aCounty My Commission Expires Sept. 26, 2