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Second Judicial Complaint Judge Rosh

Second Judicial Complaint Judge Rosh

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Published by Janet and James
Second Judicial Complaint filed against DeKalb County Probate Court Judge Jeryl Debra Rosh
Second Judicial Complaint filed against DeKalb County Probate Court Judge Jeryl Debra Rosh

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Published by: Janet and James on Jun 21, 2009
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05/11/2014

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III.Statements of FactsI am 100% Federally Disabled. Janet McDonald is my living partner, we areunmarried. My Aunt was Jean Caffrey, Ms. McDonald was her caregiver. June 04, 2002, appeared to have fallen Ms. McDonald calls ambulance to helpMs. Caffrey (90 years old at time), who had extreme osteoporosis, up fromthe floor. The paramedics took Ms. Caffrey to Emory Northlake Hospital buttold Al Thomson (neighbor) that there was nothing wrong with her. I had aDurable Power of Attorney and a Health Care Power of Attorney. I was toldthat if I came to hospital, I’d be arrested. June 05, 2002 DFCS worker, Sandra Al-Khaja Petitions the Probate Court of DeKalb County for appointment of Emergency and Permanent Guardian for anAlleged Gravely Incapacitated Adult”. Claims needs assistance w/ dailyliving activities and finances. Needs Guardian of Property. June 05, 2002 Affidavit of Physician or Psychologist signed and notarizedclaims gravely incapacitated for physical illness and disability, emotionalabuse and financial abuse by me. (The bottom of form states: Theexamination on which this affidavit is based must occur within ten daysPRIOR to filing the petition). June 07, 2002, Order for Evaluation and Notice of Hearing signed “Jeryl Rosh, Judge, Probate Court”. Rosh was a clerk at that time. Dr. McIntyre was to doevaluation June 11, 2002, written report and made available to the partieswithin 72 hours. (This evaluation was never done) Hearing to be on June 13,2002 at the Hospital. I received the Notice on June 09, 2002, my brother inWisconsin did not receive the notice by the time of the hearing.
“Exhibit 1” 
Laws and Rules violated:O.C.G.A. 29-5-8 (b) (1): MUST show: immediate, clear , and substantialrisk of death (2): immediate, substantial risk of irreparable waste ordissipation of the estate of must be accompanied by O.C.G.A 29-5-6 Rulesfor these kind of hearings was totally ignored by Ms. Rosh. (e) “Theburden of proof shall be upon the petitioner and the standard used by thecourt in reaching its decision shall be clear and convincing evidence. There was
NO EVIDENCE
presented. If there had ever been aninvestigation done by DFCS, and I had been guilty of the accusations, Iwould have been arrested. I have never been arrested for these crimes
1)
PREJUDICE UNFAIR TRIAL : Upon entering the hearing, Ms. Roshinformed everyone: “Sandra Al-Khaja and I have been friends for 18years.” “This is the third time this month I have seen the elderly takenadvantage of and it won’t happen again”. Mr. Al Thompson was awitness to the June 04 incident and a witness for my behalf at thehearing and was deposed August 13, 2003, pages 20, 21, 36, 37, .
Exhibit A
Canon 2B, 3C(1) & (a)
 
2)
 The ward is never allowed to testify at these hearings, Ms. Caffrey didtestify. During recess, Ms. Rosh sat with Ms. Caffrey, Ms. Al-Khaja and
1
 
Ms. Turner and had a conversation. Thompson deposition pages 15,17.
“Exhibit B” Canon 2A, 3A(1)
3)
When I was testifying, Ms. Rosh very rudely cut me off screaming,“Alright, I’ve heard enough!” and at one point threw her pen down onthe table. During my testimony I mentioned that I had talked with Ms.Caffrey’s doctor about an assisted living home, Ms. Rosh allowed Ms.Al-Khaja several times to holler out different responses, thus interferingwith my testimony. Thompson deposition page 37 “
Exhibit C” Canon3a. (1), (3), (4)
4)
 The Durable Power of Attorney I had was until death. Ms. Roshdeclared that I was guilty of abuse and financial fraud even though themoney I was to have stolen belonged to Ms. McDonald and myself andnot Ms. Caffrey. Ms. Rosh revoked my Power of Attorney, gave Ms.Caffrey a “Guardian of Property for a Gravely Incapacitated Adult”
“Exhibit D” 
 *Note:
Legally Judge Marion Guess would have had to listen to therecording of the Hearing, look at all the evidence then make a decision, Judge Guess did not sign any of these papers and the decision wasmade at the Hearing. **They do not mail out the original.
5)
Even though Ms. Caffrey’s primary doctor of four years who haddiagnosed her with Immobility Syndrome, mid-mild cognitive, and mildsenility he was replaced and none of his documents were presented atthe Hearing, he is a resident of Emory Northlake and had submitted hisfiles. Ms. Rosh appointed a Guardian of Property only. I was deniedaccess to the findings of the Hearing, the case had been sealed.November 2004, I finally saw the findings, Mental and Physicaldisability to the extent that the ward lacks sufficient understanding orcapacity to make reasonable decisions… incapable of communicating…and clear and substantial risk of death and waste of estate”. Statesthat Guardian of Person and Guardian of Property ordered. The OrderAppointing Emergency Guardian and Permanent Guardian was donethe same day as the hearing for such. Ms. Rosh, again signing for Judge Marion Guess (improper procedure) appoints Mr. Joyner as bothtemporary and permanent Guardian on June 13, 2002. There issupposed to be an “objection” period, it was ignored. It also statesthat Bond HAS to be posted on appointment of PermanentGuardianship. There was no Bond until October 1, 2002. The “OrderFor Citationstates: “in which the incapacitated adult is confined”.Confined? No Guardian of Person.
Exhibit E” 
6)
 
I hired Mr. Stephen Carley to represent me. He sent the “Notice of Entry of Appearance” to the Probate Court and requested the Order,the Caffrey Evaluation and a copy of the tape of the hearing. None of these were provided either to myself or any of my attorneys, violatingmy rights.
“Exhibit F” 
2
 
* July 2002 *We found that the Guardian of Property had changed thename and address on the McDonald\Stegeman Accounts and had beenstealing money and selling Mutual Funds even though Mr. Appel had frozen the accounts for us. Upon the discovery, the Guardian, Mr. Joyner immediately filed suit against me in Superior Court knowing that inlitigation knowing that no one would discuss the accounts until the suit was settled. The Guardian is prohibited from doing anything like thiswithout a Superior Court Order, there was none.
7)
Guardian of Property petitioned to sale Caffrey’s home September 23,2002. No bond on Joyner until October, Joyner claimed Caffrey did notlive in this state, she was at a “home” in Marietta, requested aGuardian ad Litem for sale. Purchase and sale agreement datedSeptember 07, 2002. Ms. Rosh appointed Mr. Mark Stephen, Caffrey’sattorney at the Guardianship hearing.
“Exhibit G” 
8)
According to records, Mr. Stephen only helped falsify the sales price of the house, did not sign at closing. $21,000 plus knocked off of theprice for buyer renovations that were not done. It is questionableabout the sales price of the house. Mr. Burnett, the Guardian of Property’s partner at The Law Firm of Joyner and Burnett signed asAttorney in Fact at the closing, Mr. Stephen did not sign at the sale.
“Exhibit H”.*April 21, 2003, I found out that Ms. Caffrey had passed away on April17
th
. Later we found out that she had been in a coma in the hospital for fivedays. No family found out about the accident or death until Ms. Caffrey had been cremated, buried in the improper place, the name not correct. “Exhibit I”.
9)
April 22, 2003 went to DeKalb Probate Court to file my Will. *The clerktold Ms. McDonald and myself that Ms. Caffrey had died in CobbCounty, that’s where it needed to be filed. Called my attorney, Ms.Williams at that time. She said she would take care of it. *Mr. Joynerfiled suggestion of death the same day. *Petition to Probate Will sameday – Has wrong date for death, second page under 5. No otherproceedings filed or pending, my Will had been on file for several yearsand Mr. Lillig states in deposition he knew there was another Will. Ms.Williams filed Caveat within the ten days. This new Will should nothave been accepted as Ms. Rosh had deemed Ms. Caffrey “Mental andPhysical disability to the extent that the ward lacks sufficientunderstanding or capacity to make reasonable decisions… incapable of communicating… as shown in Exhibit E and The Probate Court had arecord on file of my Will.
“Exhibit J” 
10)
April 30, 2003, Mr. Lillig gets $100,000 Bond which states “Has beennamed and appointed as Temp. Administrator of the Estate. VictoriaGunn signs as DeKalb Probate Judge. A petition has not even bee filed.* May 3, 2003, Petition for Temporary Administrator filed, claims “JohnStegeman has no living heirs”– he had four children three are living. It
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