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Statements of Facts
I am 100% Federally Disabled. Janet McDonald is my living partner, we are unmarried. My Aunt was Jean Caffrey, Ms. McDonald was her caregiver. June 04, 2002, appeared to have fallen Ms. McDonald calls ambulance to help Ms. Caffrey (90 years old at time), who had extreme osteoporosis, up from the floor. The paramedics took Ms. Caffrey to Emory Northlake Hospital but told Al Thomson (neighbor) that there was nothing wrong with her. I had a Durable Power of Attorney and a Health Care Power of Attorney. I was told that 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 an “Alleged Gravely Incapacitated Adult”. Claims needs assistance w/ daily living activities and finances. Needs Guardian of Property. June 05, 2002 Affidavit of Physician or Psychologist signed and notarized claims gravely incapacitated for physical illness and disability, emotional abuse and financial abuse by me. (The bottom of form states: The examination on which this affidavit is based must occur within ten days PRIOR 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 do evaluation June 11, 2002, written report and made available to the parties within 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 in Wisconsin 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 substantial risk of death (2): immediate, substantial risk of irreparable waste or dissipation of the estate of must be accompanied by O.C.G.A 29-5-6 Rules for these kind of hearings was totally ignored by Ms. Rosh. (e) “The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence. There was NO EVIDENCE presented. If there had ever been an investigation done by DFCS, and I had been guilty of the accusations, I would have been arrested. I have never been arrested for these crimes
1) PREJUDICE UNFAIR TRIAL: Upon entering the hearing, Ms. Rosh
informed everyone: “Sandra Al-Khaja and I have been friends for 18 years.” “This is the third time this month I have seen the elderly taken advantage of and it won’t happen again”. Mr. Al Thompson was a witness to the June 04 incident and a witness for my behalf at the hearing 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 did
testify. During recess, Ms. Rosh sat with Ms. Caffrey, Ms. Al-Khaja and
Ms. Turner and had a conversation. Thompson deposition pages 15, 17. “Exhibit B” Canon 2A, 3A(1)
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 on the 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 interfering with my testimony. Thompson deposition page 37 “Exhibit C” Canon 3a. (1), (3), (4)
4) The Durable Power of Attorney I had was until death. Ms. Rosh
declared that I was guilty of abuse and financial fraud even though the money I was to have stolen belonged to Ms. McDonald and myself and not 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 the recording of the Hearing, look at all the evidence then make a decision, Judge Guess did not sign any of these papers and the decision was made at the Hearing. **They do not mail out the original.
5) Even though Ms. Caffrey’s primary doctor of four years who had
diagnosed her with Immobility Syndrome, mid-mild cognitive, and mild senility he was replaced and none of his documents were presented at the Hearing, he is a resident of Emory Northlake and had submitted his files. Ms. Rosh appointed a Guardian of Property only. I was denied access to the findings of the Hearing, the case had been sealed. November 2004, I finally saw the findings, Mental and Physical disability to the extent that the ward lacks sufficient understanding or capacity to make reasonable decisions… incapable of communicating… and clear and substantial risk of death and waste of estate”. States that Guardian of Person and Guardian of Property ordered. The Order Appointing Emergency Guardian and Permanent Guardian was done the same day as the hearing for such. Ms. Rosh, again signing for Judge Marion Guess (improper procedure) appoints Mr. Joyner as both temporary and permanent Guardian on June 13, 2002. There is supposed to be an “objection” period, it was ignored. It also states that Bond HAS to be posted on appointment of Permanent Guardianship. There was no Bond until October 1, 2002. The “Order For Citation” states: “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, violating my rights. “Exhibit F”
* July 2002 *We found that the Guardian of Property had changed the name and address on the McDonald\Stegeman Accounts and had been stealing 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 in litigation knowing that no one would discuss the accounts until the suit was settled. The Guardian is prohibited from doing anything like this without 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 not live in this state, she was at a “home” in Marietta, requested a Guardian ad Litem for sale. Purchase and sale agreement dated September 07, 2002. Ms. Rosh appointed Mr. Mark Stephen, Caffrey’s attorney 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 the price for buyer renovations that were not done. It is questionable about the sales price of the house. Mr. Burnett, the Guardian of Property’s partner at The Law Firm of Joyner and Burnett signed as Attorney 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 April 17 . Later we found out that she had been in a coma in the hospital for five days. 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 clerk
told Ms. McDonald and myself that Ms. Caffrey had died in Cobb County, 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. Joyner filed suggestion of death the same day. *Petition to Probate Will same day – Has wrong date for death, second page under 5. No other proceedings filed or pending, my Will had been on file for several years and Mr. Lillig states in deposition he knew there was another Will. Ms. Williams filed Caveat within the ten days. This new Will should not have been accepted as Ms. Rosh had deemed Ms. Caffrey “Mental and Physical disability to the extent that the ward lacks sufficient understanding or capacity to make reasonable decisions… incapable of communicating… as shown in Exhibit E and The Probate Court had a record on file of my Will. “Exhibit J”
10) April 30, 2003, Mr. Lillig gets $100,000 Bond which states “Has been
named and appointed as Temp. Administrator of the Estate. Victoria Gunn signs as DeKalb Probate Judge. A petition has not even bee filed. * May 3, 2003, Petition for Temporary Administrator filed, claims “John Stegeman has no living heirs”– he had four children three are living. It
goes on to state: “ The nephews are estranged…the DeKalb County’s DA Office are currently investigating Felony theft by taking and Elder abuse”. These are lies, my brother lives in Wisconsin and I have NEVER been investigated for either. *Victoria Gunn signs for Judge Guess Order for Lillig Temp Administration May 5th, Temp letters given same day. I never received notice of the Petition, I have the right to object! The law states that there is 10 days to object, it was done in two days. “Exhibit K”
11) January 14, 2004 Hearing for Will(s), Marion Guess presided, went
unfinished, Ms. Williams had a criminal hearing to attend in another county.
12) March 25, 2004. I was approached on settling the Civil Suit which
would tie to the Probate of the Wills. I set my demands, both attorneys signed. I would dismiss the Caveat and the Superior Court countersuit, and Lillig would dismiss the suit in Superior Court and provide the paperwork on the account they had stolen belonging to Ms. McDonald and myself and help to get the account back into my name. If either one did not meet their end, the contract of agreement would be void. *“Memorandum of Understanding signed by both attorneys. “Exhibit L” uphold his end. Then I find that Mr. Lillig and Mr. Turner had altered the original agreement (handwritten items in) that I had no knowledge of or agreement to. Mr. Lillig informed the Bank not to release the accounts that it had been revoked. Therefore the Caveat Withdrawal had to be revoked. Judge Rosh fails to do so. “Exhibit M” end Superior suit, get our accounts and do legal investigation. New Consent Order made. Lillig tries to get me to agree to pay the debts of the Estate, I said no. Mr. Apolinsky finds the accounts have been drained even though Lillig swore he did not manipulate the accounts. “Exhibit N”
13) The Letters of Testamentary quickly went to Mr. Lillig. He did not
14) September 30, 2004 Mr. Apolinsky hire by Ms. McDonald and myself to
15) Lillig files for discharge, he claimed that all debts of the Estate had
been satisfied. I objected, Ms. McDonald and I have been paying bills of the Estate. No discovery during the six months. Mr. Lillig then files a Motion for Summary Judgement. When I went to the Probate Court to file my “Response to Summary Judgement”, “Petition to Revoke Letters of Testamentary”, “Default on Objection”, etc. The Clerk told Ms. McDonald upon delivering for filing the Petitions that “I don’t think you can file those.” “I will have to let the staff attorney look at this” “I will call you tomorrow.” She did not call. We called and left a message. Then Ms. McDonald sent a fax. Ms. King, the clerk called back and said “We are not going to let you file any of those papers.” We are going to have a Summary Judgement hearing only” “We are not going to have a hearing on the Objection to Discharge.” The staff attorney, Mr. Fowler
got on the phone and repeated the same thing. He said “No there is nothing wrong with the papers we just are not going to let you file them” “We will settle everything in the Summary Judgement hearing” “There will be no hearing about the Objection”. “ “Fine you can file anything you want but we are only having the Summary Judgement hearing” “Exhibit O” My Civil Rights, Constitutional Rights and rights under the Bill of Rights have continuously been violated at the hand of Judge Rosh and this will continue. Ms. Caffrey was kidnapped (confined), kept from all family members, died from an accident that should not have happened and the accounts belonging to Ms. McDonald and myself have been stolen, at the hands of Judge Rosh. Not only am I ashamed of DeKalb County, but the Judicial system as a whole.
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