Families in elder abuse case are using online networks

Facebook, YouTube, Twitter, blogging spread message By Sarah Stultz Albert Lea Tribune

The families of the alleged abuse victims at Good Samaritan Society of Albert Lea are reaching out on social networking Web sites to spread the message of reform in long-term care facilities across the country.

The families, who have formed under a group called Families Against Nursing Home Abuse, have pages on Facebook, Twitter and MySpace. They also have videos on YouTube. One writes a blog.

At these sites, people can read reactions to elder abuse and get to know the alleged victims of abuse in words and photos.

Jan Reshetar, co-founder of the group, said she and the others decided to branch out to these Internet sources to enact changes on the local, state and national level.“We’re trying to get the community involved,” Reshetar said. “We’re trying to get the attention of our local people.”
Then, hopefully, once people get involved, they will call their state and national representatives and senators and voice their concerns.

At her blog, Reshatar wrote: “It’s been over one year since we first got the phone call that Mom ‘may or may not, be a victim of what may or may not be abuse.’ It’s been over 12 months … over 365 days … over 8,760 hours … over 525,600 minutes … over a lifetime ago.”
A description of the group on Facebook states Families Against Nursing Home Abuse is “committed to providing information and resources for the continuum of long-term care — from successful aging, to aging in the home, to assisted living, to hospice care, as well as nursing home care.”

They formed around the same time charges were filed in Freeborn County District Court in December 2008 against Albert Lea High School graduates Brianna Broitzman and Ashton Larson.

Broitzman and Larson, former Good Sam nursing assistants, each face at least 10 charges related to the alleged abuse of multiple residents at the nursing home over several months.
Amid the pain the families experienced knowing their family members could have allegedly been victims of this abuse, a few of them started seeking out the other families to gain strength from each other.

They’ve since met regularly at local establishments to talk about their experiences and the strategies they’re taking to contact state and national leaders.
They’ve also worked closely with A Perfect Cause, an Oklahoma-based advocacy group, and are diligent in attending Broitzman and Larson’s hearings.

“There are many laws, policies and procedures that need to be changed,” Reshetar said.
She said it’s hard for her to realize that in the last 40 or 50 years, laws for other age groups have moved forward. But to her, it seems like laws for the elderly have been forgotten, she noted.
“We want people to understand what this does,” Reshetar said, of the alleged abuse. “It doesn’t just hurt one person or one son or daughter. It affects everybody’s lives. The numbers are countless.”

Reshetar has blogged, or journaled, about her own feelings of the case on Blogspot.com.
“We need to get people to understand this is not a one-time situation,” Reshetar said.
The Facebook page can be found at Facebook.com

The Twitter, MySpace and YouTube pages can be found by doing a search. In most cases people have to be a member of the Web site to access them.

The next Families Against Nursing Home Abuse group meeting will be July 23.
People interested in joining can call Reshetar at 402-4749 or Myrna Sorensen at 383-6963.

Bloomberg Administration’s policy to turn a blind eye on vulnerable populations

New York City, NY by By Patrick Hedlund

Closing the city’s only 24-hour homeless shelter dedicated to serving seniors amounts to nothing less than elder abuse, a group of advocates charged at a rally on the steps of City Hall on Wed., June 24.

The event was organized by the recently formed Senior Outrage Coalition, which has been protesting the plan to close Peter’s Place in Chelsea ever since the Department of Homeless Services announced it would be shuttering the shelter on June 30 as part of a plan to reduce the total number of “drop-in” centers citywide.

Peter’s Place has operated out of the basement of St. Vincent de Paul Catholic Church on W. 23rd St. for the last 16 years, providing hot meals, showers and clean clothes to more than 100 seniors per day. While the shelter does not offer beds to visitors, its does provide round-the-clock service catered specifically to elderly individuals, many suffering from mental and physical disabilities.

“It is an absolute disgrace that here in the city of New York, with a budget of almost $59 billion, that we cannot find the money to keep this place open,” said Queens Councilmember Tony Avella, a candidate for mayor and the only elected official to attend the rally. “How we take care of those people in need in our city is a reflection on our society. And we need to send a message to Mike Bloomberg and Speaker Christine Quinn that the money should be found to keep this place open.”

“The closing of Peter’s Place is the result of Bloomberg administration’s policy to turn a blind eye on vulnerable populations such as the homeless elderly, leaving them without proper services and care,” said SOC’s Muriel Beach, who is also NYC Chapter president of the Senior Action Council. “We accuse the city of New York of elder abuse in its neglect of homeless seniors.”

“Let’s call elder abuse exactly what it is and where it is in this city,” said Jim Fouratt, a candidate for Quinn’s Council seat. “Elder abuse starts in the mayor’s office, and elder abuse starts in the speaker of the City Council’s office.”

Abridged=>>

Americans and the Elderly

Open Letter to Journalist Janet Phelan:

Hi Janet;

As you know I have been busy relocating to a 3rd world country where the mantra "The best government is the one that govern the least" is the word and the people are the happier for it......My only question is why didn't I do this earlier? It is really culture shock to be where elder abuse is not an issue and people are always in a good mood,money isn't worshipped and people are not always trying to rip each other off....

Regarding your frustration regarding the poor support to the work you are doing,we both know the countless hours we both spend getting the word out is not supported by deeds, many activists I keep in touch with including well known author and activist Irene Masiello share in your frustrations , and as you know in the past when we have asked for donations to further our work the response has been lacking .

Bad guys are like rats there is so many of them that we could never hope to expose them as when you reveal one there are hundreds of others willing to take their place as the rewards in ripping off the elderly are great and have the support of many in high places as stripping elders of their wealth is a very lucrative business.

Perhaps this comment left on my web site helps better illustrate the general feeling of the American people towards the elderly and explains why movement to reform laws and pass meaningful legislature to protect the elderly people have gotten no where in the past 30 years.

"Brookerbs has made a comment on Elder Abuse and Isolation:

Who cares about old fugly people. They are worthless to society and
their time is up. I wish that all of the elderly people in the world would blow up and that would help keep the population down.

This comment requires your approval. You can approve or reject it by
visiting the comments page.

I share in your frustration as so does a lot of elder abuse activists whom I am in touch with on a regular basis and perhaps this comment expressing public sentiment towards the elderly
and public officials who offer lip service but do little in the way of reform helps better explain why the grave robbers, opportunists,looters ,vultures and cockroaches are able to get away with it as long as they have...

Ray Fernandez
EditorElderAbuseHelp.Org

Connecticut takes lead in Elder Abuse With Three Times the National Median

By Pat McCormack pmccormack@bcnnew.com

Slap marks and/or cigarette burns are among the physical signs of "elder abuse."
Pressure ulcers, filth, lack of medical care, malnutrition or dehydration are other warning signs exhibited by elder abuse victims.

The sad litany of warning signs also includes aspects of emotional, sexual and financial exploitation among the fragile elderly unable to escape from the stranglehold perpetrators have on them. In those respects, victims of elder abuse appear to have much in common with victims of domestic violence.

The warning signs and what can be done to help the victims and/or prevent elder abuse was the focus Monday during a conference on World Elder Abuse Awareness Day.

The event, attended by community leaders joined in the common cause of eliminating/preventing elder abuse, was sponsored by the Center for Elder Abuse Prevention, an entity based at the Jewish Home for the Elderly, 175 Jefferson St., Fairfield, and headed by Laura Snow.

Participants included Fairfield First Selectman Ken Flatto, who read a proclamation declaring Monday, June 15, as the fourth annual World Elder Abuse Day
In the proclamation, decorated with blue ribbons and the golden seal of the Town of Fairfield, Flatto saluted the Center for Elder Abuse Prevention for its "mission to help seniors attain the highest quality of life, to assist victims, and to reduce the prevalence of elder abuse."
He also heaped plaudits on the Coalition for the Advocacy, Prevention, and Elimination of Older Adult Abuse (CAPE), noting that the organization "aims to prevent abuse and help victims of elder abuse through advocacy, awareness and professional support."
Flatto's proclamation also called upon "all residents to ... appreciate the Center for Elder Abuse Prevention and CAPE."

"We would rather not be here, but elder abuse is a fact of life that calls us together," Andrew H. Banoff, president & CEO of the Jewish Home for the Elderly said, opening the meeting.
Marie Allen, meanwhile, talked about the importance of safety for seniors. She is executive director of the Southwestern Area Agency on Aging (SWCAA) that covers Fairfield County towns from Bridgeport and Greenwich.

She and others, including Jim Dwyer, Bridgeport supervisor of Protective Services for the Elderly, provided statistics on elder abuse. They prefaced the report by making the following points:

" Elder abuse is a national problem that will continue to rise with increases in the number of older adults, due to the Baby Boomer generation swelling the population 60 and older.

" Estimates of the incidence of elder abuse range from 2 to 10 percent, depending on the survey method.

" Data on elder abuse in domestic settings suggest that 1 in 14 incidents, excluding self-neglect, come to the attention of authorities.

" Connecticut has the highest rate of reported elder abuse cases, which is almost three times the national median.

" In 2006, the latest year in which reliable statistics are available, approximately 640 cases of elder abuse were opened in Fairfield County alone. Approximately 330 of these cases were in the Greater Bridgeport area.

" In Connecticut, physical injury and financial abuse of the elderly and disabled are criminal offenses. Also unique to Connecticut is a mandated reporting rule for some professionals who suspect a case of elder abuse. Anyone, however, may report. Those who are not mandated to report but report in good faith, are free of liability.

For more information, including answers to frequently asked questions about elder abuse, call Snow at The Center for Elder Abuse Prevention contact Snow at 396-1097 or lsnow@jhe.org.

Requiring Adult Children to Pay for Aging Parents

Did you know you could be responsible for your parents' unpaid bills? Thirty states currently have laws making adult children responsible for their parents if their parents can't afford to take care of themselves. While these laws are rarely enforced, there has been speculation that states may begin dusting them off as a way to save on Medicaid expenses.

These laws, called filial responsibility laws, obligate adult children to provide necessities like food, clothing, housing, and medical attention for their indigent parents. According to the National Center for Policy Analysis, a conservative research organization, 21 states allow a civil court action to obtain financial support or cost recovery, 12 states impose criminal penalties on children who do not support their parents, and three states allow both civil and criminal actions. (For a list of the states and citations to state statutes, click here.)

Generally, most states do not require children to provide care if they do not have the ability to pay. States vary on what factors they consider when determining whether an adult child has the ability to pay. Children may also not be required to support their parents if the parents abandoned them or did not support them.

The passage of the Deficit Reduction Act of 2005 made it more difficult to qualify for Medicaid, which means there may be more elderly individuals in nursing homes with no ability to pay for care. In response, nursing homes may use the filial responsibility laws as a way to get care paid for. For more information, click here.

For a discussion of filial responsibility laws in the New York Times's "New Old Age" blog, click here.

Crew of E.A. Relocating

We apologize for the lack of updates on E.A. This is due to the fact that in order to escape unwanted government intervention and IRA (Involuntary Redistribution of Assets of our elderly folks we have been relocating in a third world country)

Internet service in the remote location has been requested and is due any day now at which time we expect to resume our work in pushing for reform of laws protecting elderly folks and their families from unwanted government intervention,assets consfiscation and forced internment and chemical restraining of our elder parents in the hope that folks will not have to leave their country to escape tyrannical government opression and confiscation of assets.

The Editor
ElderAbsueHelp.Org

Do Older Americans Stand a Chance? Is This Nightmare Really Happening to Us?

by Rudy Bush

This is a picture of my beautiful mother, Silvia Bush Tessadri, who is now a senior citizen, who was kidnapped from her home on May 8, 2003.

The social services is so entrenched it has the power and the leverage to commit crimes on the elderly and use false reports to cover it up and cause fully competent senior citizens to be forced on guardianship and conservatorship against their will, in the false name "protection." These guardians and conservators commit crimes on the elderly, kidnap them, steal all there money, and put them on drugs like Zyprexa whch are known to kill the elderly.

I want you to put yourself in Silvia's situation because if this is not stopped it will be you. The following are excerpts from "Court Ordered Abuse of the Elderly in Colorado, A White Paper Case Study" authored by me, Rudy Bush, and presented to The Colorado General Assembly on March 11, 2009.)

........ Put yourself in this situation.

This is your house. You paid it off early so that you would feel secure. You did good! You worked all your life, now you have enough money put away to live just like you want to live.

Your home is a nice upper middle class home that you paid off early just so you would have peace of mind. It is a comfortable home because you made it comfortable. You made it comfortable through 50 years of work in your home. It is home. When you look out the window into your yard you see the lawn you planted, and watered and made grow thick and green, the beautiful lilac bushes you planted and kept healthy all those years. You have furniture you picked out and updated as time went on. You have thrown out, or given to good will, everything you no longer wanted so that things are nice and neat and clean, and everything is just the way you want it."

The Break-In, May 8, 2003

This is adult protection in America, a country that wants to be judged on the way it treats its “Older Americans.”[1]

The threat of the siege is carried out by carrying you out. Breaking into your home, and taking you out to see their doctors,[2] and this is after you submitted to evaluation, and after the “assist order” was vacated because you submitted to evaluation.[3]

The judge gives his ok to bring police again to your house when the guardian comes to meet and gain your trust. Anne Grasee, the guardian and her lawyer Marcia O’Brien come up with a plan. They plan to declare you a danger and break-in and take you, if you will not let them in.[4] She shows up at your door with 2 armed policemen, her lawyer, and Rena Kuberski of the social services. All 5 people on your porch at once demand entrance. Your son was not home because Judge Munsinger ordered him onto the street and out of your life in his orders--protection order making him move out. This was asked for as part of the false evaluation report based on the sealed and the dismissed case from 1988 and lies and deceptive comments by the evaluator, in the report, which is refuted by the truth of the tape recording.[5] You are there at home alone with 5 people on your porch demanding entrance. You asked them to leave. Very politely, they agree to leave. You went back to cleaning your coffee pot. They went around the back and broke in.

· Your house is broken into; you are pulled off your chair as you are cleaning you coffee pot peacefully at your own kitchen table.[6]

· When, at 78 years old, you can’t get up fast enough--

· You are grabbed by your shoulder pulled off your chair onto the linoleum of your kitchen, hurting your shoulder.

· On the floor, you are handcuffed.

· Taken out of your house.

· Loaded into an ambulance.

· In the ambulance, your arm is held in the air by a wire. (Illegally, in violation of procedure.[7])

· You are taken to St. Anthony’s psychiatric, ward (again, illegally, in violation of procedure.[8])

· No attempt was made to contact your son.

You have time to make a call and leave a message asking for your son on Frank Sampson’s answering machine while they are breaking in. This tape recording is proof you are not delusional, gravely disabled, or a danger to yourself or others.

Frank Sampson calls right back, while the break-in is in progress and can verify the tape recording from his machine and the conversation with Silvia and he can verify that she was competent, sane, and after Frank Sampson told her he could not reach her son, she said, “I will have to face this myself.” Those are not the words of someone who is a danger, or delusional.

Your son calls Frank Sampson within minutes of the break-in and abduction, as if some force is directing him, he is worried. Frank Sampson plays the recording for him over the telephone. He is within minutes of home. He doesn’t care what they do to him. He runs into your house hollering for you. “Mom!” But there is no answer. Your son walks into your kitchen but everything feels different. The kitchen is a mess. Every door in the house is open and, on this cold May Day, the wind is whipping through the house, it feels like death. (This is no exaggeration.)

Rena Kuberski of the Jefferson County Social Services, who started the siege over a decade ago, and brought false cases claiming to protect you from your son, continued the siege and whose name is on the slander sheet, now walks into the kitchen through the back door like a NAZI general, and says, “Who can’t come in now?” “Get out!”[9]

When your son asks, Rena Kuberski tells your son he is not allowed to know where you are. He has no legal right to know.

Rena Kuberski, short in stature as she is, walks toward your son like she will walk right over him if does not leave. While she is doing this she orders him out. Your son would like to investigate the damage done to the house by the break in but does not dare.

Your son leaves.

Your son vows to himself to find out where you are. The guardian will not tell him. He is frantic, and wants to protect you but their power is too strong, they operate together and back up each other to bolster their false reports. He knows this is not the way the law is supposed to work and he knows this in not “protection” or something normal to America. He knows they don’t care about you. And he knows nobody will listen to him. And he knows the judge hates him because his tape of the evaluation proves the evaluator is a liar and that his taping the evaluation and proving the evaluator committed perjury is considered “disrespectful.”

Rena Kuberski of Jefferson County Social Services makes another false report. Your son told her he returned because he got a message from you that it was an emergency and he should go home, but she puts in her report he returned to secure the house.

The break-in was illegal for a number of reasons. There was no attempt by those who broke in to contact your son, you, provably, were not a danger to self or others, you were restrained with a wire while you were prone in the ambulance, you were taken when you clearly did not want to be taken, there was group think and false reports galore, and one policeman said he was told a violent son was in the house and by the time they broke in and saw that not to be the case they had to think fast and say you were dangerous to legitimize it and had no choice but to take you away.[10]"

[1] Senate subcommittee on Aging, Hearings, 2003-2006
[2] This is how Robert Case, Assistant County Attorney, had said it a year previously when he got the “Assist Order,” This “break-in” was done after the “Assist Order” was vacated by appointment of guardian. The break-in is an illegal use of police to create appearance of need for guardianship after when a tape recording of the evaluation proves the guardianship was forced on Silvia based entirely on perjury and hallucinations.
[3] Jefferson County case 01-PR-306, Assist Order Vacated March 13, 2003; Break-in, May 8, 2003
[4] Information on source upon investigation.
[5] Jefferson County case 01-PR-306, Evaluator commits perjury by falsely stating Rudy frightened the evaluator by raising his voice and putting his hand near her face, the tape verifies that Rudy never raised his voice and his true tone of voice would not go with the hand; The false report also states that Rudy left the room while Silvia played his favorite song and she was looking for her son while playing it. The tape recording proves very clearly that Rudy never left the room while his mother played “Roll Out the Barrel,” his favorite song and that Rudy said, “It’s my favorite,” while his mother was playing it. The false report states Silvia said it, to be in keeping with Gale Nichter’s pretense Rudy had left the room.
[6] Evidence presented at an investigation
[7] Procedure rules of West Metro Fire Protection District
[8] ibid
[9] Rena Kuberski of the Jefferson County Social Services was referring to the summer of 2000 when Silvia didn’t want them in anymore. This not wanting them in anymore was the result of Rena Kuberski previously sending police who demanded to wake Silvia up in her bedroom, from her nap to prove she was not “dead.”
[10] West Metro procedure; Sources of knowledge of the events of the break-in divulged on investigation

---------------------------------------------------

This is an amazing story that needed to be told in yet another very well documented case of goverment overeach and blatant civil rights abuse , and what's is more amazing is that Sylvia Bush Tessadri 's desperate and horrifying pleas for help were caught on tape as she was being taken away in this short recording available for downloading and listening Click Here=>>

We Need your Help!

We need your help .. We are trying to get 1000 signatures to the STOP ELDER ABUSE AND GUARDIANSHIP ABUSE petition by June 15th, 2009 – ELDER ABUSE AWARENESS DAY

The petition is at http://www.thepetitionsite.com/2/stop-elder-abuse-and-guardianship-abuse-in-our-courts

ALSO THIS PETITION TO PASS THE ELDER ABUSE VICTIMS ACT – HR 448 IS VERY IMPORTANT

This bill is in the Judiciary and has passed the House but needs to pass the Senate
It is going to do more for Guardianship Abuse that any other Act

http://www.thepetitionsite.com/66/support-the-elder-abuse-victims-act---hr-448


Latifa S. Ring
Family Guardian and Elder Rights Advocate
(713) 896-0511
latifa.ring@comcast.net

Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has. ~Margaret Mead~

As California Slips Into Red Ink , Elders are the Weakest Link

Advocates for the elderly in California say recent budget cuts are dramatically affecting the ability of social service programs to keep up with demand" at a time when "the state's elderly population - and the incidents of elder abuse - are exploding," NPR reports. One example is Contra Costa County, where the Aging and Adult Services Program laid off two-thirds of the staff who "investigate abuse complaints of elderly and dependent adults." The county is now "turning over virtually all of its self-neglect cases to some other agency - often, the police.

" The Contra Costa situation is "so severe that the county grand jury recently concluded that Adult Protective Services no longer has the resources to carry out its legal mandate to investigate physical and financial abuse complaints." This comes at a time when complaints of elder abuse are on the rise. According to "national studies," only "1 in 5 elder abuse cases is reported" (Siler, 6/3).

Source=>>

We think that this is a mistake and clearly indicates where our elected government officials
priorities lie we think that instead of cutting back on the elders we could cut the 3.6 million used to train U.S. Chinese hookers how to drink responsibly
This is one of those stories that’s so friggin’ unbelievable that our initial inclination was to think it was a joke.

Unfortunately, the joke’s on you, the taxpayers.

Here’s how CNSNews.com reports it:=>>

“The National Institute of Alcohol Abuse and Alcoholism, part of the National Institutes of Health, will pay $2.6 million in U.S. tax dollars to train Chinese prostitutes to drink responsibly on the job.

Why I Refuse To Honk!

by Annie McKenna

One day several months ago on a main highway which passes through the town in which I live, both sides of the road were packed, knee deep, with people of all shapes and sizes. Something big was happening here. There were mothers with baby carriages and fathers with their kids perched up on their shoulders. I saw grandmothers and grandfathers. They were white, black, asian, hispanic. Some were sitting and others were standing. I had never seen anything like it, so naturally, I was curious. As I drove, I slowed down so I could read the signs that some were holding. I soon came to realize that they were supporters of an organization whose members believed in the “right to life”.

Their signs read “Don’t kill unborn babies” and “abortion is murder”. As I drove on I came upon a group of people encouraging the passing traffic with signs containing the words: “honk if you love life”.

I didn’t honk.

It is not that I don't love life. It’s that I know some secrets about life. As an advocate for the elderly, especially those who become victims of abusive guardianships and conservatorships, I have seen first hand the possible nightmares that are in store for the “babies” that this crowd so diligently fights to bring into this world. When the “baby” grows old and frail there are no demonstrations when all their civil and constitutional rights are taken away or when the “baby” is isolated from the people and places they know and love, removed from their homes and warehoused in institutions where they will be forced into incontinence, subjected to physical, chemical and psychological restraints against their will and have a perfect stranger appointed by the court who will ignore the wishes of the baby and instead will make all of the decisions for the rest of the “baby’s” life.

The stranger is given the misnomer of “guardian”. The crowd holding up their signs might be shocked to learn that this “guardian” can not only dictate how the “baby” lives, but also how the “baby” dies.

You might find this hard to believe, but just ask Sarah Harvey. Her husband Gary is laying in a hospital bed in New York while a group of people, some of which might have even been a demonstrator once, are meeting to discuss removing her husband’s feeding tube which will cause him to experience a slow, agonizing death. Sarah’s one wish is for her husband to come home to die. But, the “guardian” who makes the decisions for the “baby” refuses.

And this is just one example of why I could not bring myself to honk.

Elder Abuse Called Shameful National Epidemic

MediaNews editorial

Editorial: Congress should pass Elder Justice Act

CONGRESSIONAL HEARINGS going back 30 years have documented that elder abuse is a shameful national epidemic. In recent years, the problem has only gotten worse.
Three times now, the Elder Justice Act, which would adopt much-needed new measures to protect exploited seniors, has died in Congress.

Seniors can no longer afford to wait. It's time now for action.

Sen. Orrin Hatch, R-Utah, and Blanche Lincoln, D-Ark., have reintroduced their original bill once again. It currently awaits action in the Senate Finance Committee.
The Elder Justice Act is a smart, comprehensive plan for preventing and detecting elder abuse across the U.S.

First and foremost, it would make combating elder abuse a national priority. That would help to bring the problem, which has largely been a hidden epidemic, into the public spotlight.

The Elder Justice Act would do a number of things.

Most importantly, it would create a stream of dedicated funding through block grants to Adult Protective Services Agencies around the country. These agencies are on the front lines for detecting elder abuse and protecting exploited seniors.

Yet many local adult protective services agencies currently operate on such shoestring budgets their caseloads are off the charts. They're only able to intervene in the most extreme cases of abuse, leaving many at-risk seniors to suffer.

We cannot continue to turn a blind eye to the abuse of our elders.
It is high time that Congress took the lead in fighting this national scourge.

Abridged=>>

No Elder , Should Have To Go Through This : Help Mollie

In 2003 Mollie Florkey’s son forced Mollie in the Hawthorn Glen Nursing Home in Middletown Ohio against her will. When she tried to leave the son had the medical staff put a straight jacket on Mollie and had them throw her in Lock Down. Mom was in her late 80’s. the treatment was too harsh! The son informed the Hawthorn Glen staff, ” If I tried to take Mollie home to call the police and have me arrested.” While at Hawthorn Glen Nursing Home, Mollie needed to go to the bathroom, she later told me, no one came to help her, she tried to get out of bed and fell flat on her face on a concrete floor. Mollie was rushed to ER.

While at Hawthorn Glen Nursing home Mollie received negligent care. Mollies health was in great jeopardy! Even the aides told me, “if Mollie wasn’t taken out of Hawthorn Glen she would soon die.” It was evident Mollie was going to die if I didn’t get her to a hospital. The son told the nurse Not to call 911 it would be too expensive. The son told the nurse, ” I could take Mollie to ER in my car.” Mollie could barely make it to my car. While at the Middletown Ohio, Hospital ER, the son walks in and ask the ER Doctor if it was really necessary for Mollie to be there. The Doctor informed the son, “Mollie had Pneumonia, Congestive Heart Failure, Bedsores and ulcerated legs. Mollie almost died.

In 2003 the Cincinnati Ombudsman Rep. for Hawthorn Glen checked Mollie’s files at Hawthorn Glen and found out the son had NO Power to hold Mollie Prisoner, Mollie could have gone home at any time. Ombudsman informed the son, “what he was doing was not legal and he could get in a lot of legal trouble. The son flashed his Law Enforcement credentials and the Hawthorn Glen staff allowed the son to get away with holding Mollie illegally. This gave the son time to have his attorney draw up P.O.A. documents giving him full power over Mollie without her knowledge. In order to keep the son out of legal trouble, the documents were dated January 8, 2002. Please keep in mind the Ombudsman Rep. that came into Hawthorn Glen Nursing Home from Cincinnati, Oh confirmed there were (No) January 8, 2002 documents when she reviewed Mollie’s file in (2003) If your going to hold a person PRISONER you better have Legal Documents on file. It was at this point, the son sold Mollie’s beloved home against her wishes.

The son refused to tell Mollie’s daughters how he dispersed her $110,000 from the sale of her home. For our own peace of mind we needed to know Mollie wasn’t taken advantage of. The son threw Mollie’s beloved dog out in zero degree weather, the dog later passed away. My sister and I didn’t have the funds to hire an attorney and the son got away with it. It is my strong opinion, the son used his Law enforcement credentials for his own personal motives and gain and got away with it.

In 2004 the son’s wife left him, for some unknown reason the son decides to release Mollie in my care however, he tells me, “I’m going to prove to you, you can’t take care of Mom, I’m going to (let ?) you take care of her .” For over three years I successfully took care of Mom, (Mollie). Mollie’s physical and mental condition improved greatly. It took over two years but I finally got her ulcerated legs healed by following doctors instructions.

June 3, 2007 the son forces Mollie BACK in ANOTHER nursing home, the Heartland Nursing Home in Hillsboro Ohio. The son threatened me, he told me,”if I challenge his authority, I would not like the results.” I immediately filed for Guardianship. I don’t know the Law, I thought if I was the guardian, I could stop the son from destroying Mollie’s life. The son forced Mollie against her will into the Heartland Nursing Home, he threw me out on the street, (it was an illegal eviction) I had just had emergency surgery, the son then closed down Mollie’s apartment. The son wanted to make sure there was no home for Mollie to return to, when we went to the guardianship hearing 11-14-07.

At the Heartland Nursing Home Mollie sat daily in her urine and feces, with her legs down. The social worker informed me, they were told by the son Not to listen to me, the Caregiver, who took care of all Mollie’s medical and personal needs for over three years.

The Heartland Nursing Home was informed verbally and in writing, it was Doctors orders to do monthly urine cultures, they refused. Mollie was rushed to ER, numerous times with infections and had to have blood transfusions. Mollie’s daughter in Chicago stated to me, “Mollie had Kidney Failure and almost died.”

At the 11-14-07 guardianship hearing the son had to lie, cheat and used his Law enforcement associates to obtain the guardianship. The son’s attorney is friends with the Probate Judge, they were once partners in the same law firm. It was obvious to All in the Court Room the Judges goal was to “Give” the guardianship to the son. It was a Kangaroo Court! Justice does not prevail in Hillsboro Ohio, the Legal System is Corrupt, it doesn’t matter if their Legal Buddy System devastates innocent lives! If your not in the Municipal Legal Whelm Justice will not be served.

The son never took care of Mollie a day in his life nor wanted to. The Judge refused to allow me to present my evidence of tape recordings where Mollie and I were harassed by the Heartland social Worker and medical staff. The Judge refused to acknowledge pictures of Mollie’s deteriorating appearance since being forced to stay at Heartland. The Judge refused to acknowledge Mollie’s legs were healed BEFORE forced into Heartland and now they were ulcerating due to the fact, Heartland refused to keep her legs elevated. I have the social worker on a tape recording stating, “they would Not make Mollie keep her legs elevated. It was explained per DOCTOR’S ORDERS, it wasn’t an option if she didn’t, Mollie would have serious medical problems which happened.

See PICTURES OF MOLLIE’S ABUSIVE NEGLECT. The Judge Refused to show any consideration for Mollie’s medical and personal needs. Mollie wasn’t even allowed in the Court Room. The Judge refused to acknowledge the son would rarely visit Mollie at her home and was inept to understand Mollie’s medical and personal needs, it was the reason Mollie suffered horrific “UNNECESSARY” pain and mental anguish at the Heartland Nursing Home.

The son knowingly and willingly defamed my character in order to obtain the guardianship. When I would visit Mollie at Heartland he left Orders for the Social Worker and medical staff to force me to leave without reason or just cause. If I didn’t they were told to call the police. The social worker did this in front of Mollie to purposely upset her to create false incident reports against my good name. Mollie asked the social worker, “Why, Why does my daughter have to leave, she’s done nothing wrong, we’re not bothering anyone.” The Social Worker replied while laughing, “because your son wants her to leave.” I recorded this conversation. One of Heartlands aides informed me, ” the son and the social worker were going to try and keep me out of Heartland, to force Mollie to submit to stay at Heartland and forget about returning home to live with me. NOTE: ( I have this conversation on tape.)

As long as I live I will never forget, as I was being forced to leave, my Mother, (Mollie) begging me not to leave her. Hearing my Mother, crying, calling to me, “Janie don’t leave me, take me with you. ” It was absolutely devastating to my soul! Before leaving Mom, I knelt down beside her and PROMISE Mom, ” I would never stop trying to FREE her, I would do my very Very Best to bring her back home to live with me.”

Mom was shaking and very upset, the Social Worker could have given my Mother a heart attack, they simply didn’t care. It was whatever the guardian wanted. Mollie’s medical and personal needs didn’t matter. The Heartland Nursing Home ignored the Residents Bill Of Rights 1987.

Mollie’s son had refused to allow me to see Mollie in over a year. To not allow a Mother to see her youngest child at the end of the Mother’s life is Evil! Mollie will be 91 years old July 9, 2009. Feb. 12, 2009 my son and I went into Heartland to see Mollie. Mollie’s son had told family members I could visit Mollie whenever I wanted. That was another Lie, I was told by the social Worker to GET OUT.” I refused to leave. My son convinced the social worker into letting me stay. Mollie was thrilled to see me, she wanted to know where I had been. Mollie said, ” for a long time I saw you everyday, then one day you were gone.” My heart broke because it was clear how much she missed me.

What the son did to Mollie was criminal! To rip Mollie from her home and a daughter that saved Mollie’s life. Mom knew she could always count on me to take care of her daily medical and personal needs. Mollie wasn’t dying, she wasn’t ill and didn’t need skilled care. It is shameful what the son has been allowed to do!

Ombudsman, the Ohio State Health Dept. KePro/Medicare/Medicaid, ALL the Ohio Elder Agencies, the Governor Of Ohio, our Ohio Senator’s Refused to step in and help a defenseless, vulnerable Elder. It’s only about reviewing medical files, appeasing the nursing home and the guardian. The Elder agencies didn’t like it because I questioned their method of investigating and I feel it made it much harder on Mollie. Since they didn’t like me Mom received negligent care. The nursing homes can document anything they want. The nursing homes are not going to document their negligence. It seems an ABUSIVE GUARDIAN HAS ALL THE RIGHTS. According to the Authorities, ” if the abuse isn’t happening while they’re at the Heartland Nursing Home, it isn’t happening.” What Kind Of Investigating Is That? The Authorities only talked to the Heartland nursing home and the son.

Heartland and the son are not going to Advocate Mollie’s Rights! The so called Authorities sealed Mollie Florkey’s miserable fate and refused to rescue her.

The Authorities stated, “they appreciated my comments and informed me, they would pass them along. That was over a year ago!

Pass them along to WHO? The SON and the HEARTLAND NURSING HOME ARE SLOWLY KILLING MY MOTHER, (MOLLIE FLORKEY) AND THEY’RE GETTING AWAY WITH IT! Heartland wants Mollie to have a slow, death, they don’t care if she suffers, because they want the funding from the STATE!. The son wants Mollie gone Now, in my opinion because he has a Huge Life Insurance Policy on her. It is my strong opinion, it may be the reason the son did not get proper medical care for Mollie. The last option would be the son needs a psychological evaluation. The son should be held accountable how he spent Mollie Florkey’s money, it’s all gone, whatever is left of Mollie’s possessions, is in the son’s pole barn. In the meantime I’m told, ” my comments will be passed long.”

A HUMAN LIFE IS AT STAKE HERE!

WHAT HAS HAPPENED TO OUR UNITED STATES OF AMERICA WHEN AN ELDERS LIFE IS SO INSIGNIFICANT?

OUR ELDERS HAVE GONE BEFORE US TO GIVE US A BETTER LIFE!

During World War II, Mollie Florkey worked on Airplanes that flew into combat over enemy territory. Mollie Florkey lost her husband at a very young age, when her children were babies. Mollie Florkey held down two jobs, came home every night, fixed a full coarse meal, did a load of laundry and cleaned the home. Only to start over the next day. That wasn’t easy! Life was hard on Mollie but Mollie Florkey has got “TRUE GRIT!” Mollie deserves to be Respected, receive the Best Medical care with kind, loving people caring for her!!!! Anyone that has cared for an Elder Understands it isn’t easy however, our Elders belong to us and we must step up and take care of them properly as our Elders did!

Columbus Ohio Ombudsman informed me, ” they found no fault with Heartland or the son. They refused to talk to outside witness’s that would confirm Mollie’s legs were ulcerating due to Heartland negligent care of not keeping her legs elevated. They refused to acknowledge pictures of Mollies deteriorating physical appearance, they refused to acknowledge my 31 incident reports of Mollie’s negligent care at heartland, they even refused to listen to the tape recordings of Mollie and I being harassed at Heartland. On July 26, 2007 the Ombudsman Director saw Mollie sitting in her urine and feces, saw Mollie’s legs ulcerating, she saw bleeding bedsores but said Heartland had corrected the problem. That was a lie, on Nov. 14, 2007 the day of the guardianship hearing, Mollie was rushed to ER with Congestive Heart Failure. Nine days later Mollie was found on the Heartland nursing home floor in a pool of blood with her head split open. At the Highland District Hospital in Hillsboro Ohio, the medical staff determined along with Mollie’s head busted open, Mollie had a full blown urinary track infection, a Hugh hole on her leg, her legs were ulcerating and bleeding bedsores.

At the 11-14-07 hearing, the Judge stated to “me” in Court, “after everything I’ve heard, then he paused and caught himself and said at the last hearing on August 8, 2007, (Now) you don’t get to see your Mother at all and that’s just what you get for all the trouble you caused.” The Judge then stated, ” the son is calling the shots and he will be the one who decides if and when you see your Mother.” NOTE: Nothing was said against my character at the Aug. 8, 2007 hearing or the Nov. 14, 2007 hearing. At the 11-14-07 hearing the son stated, “Jane takes good care of Mollie.” I’m a law abiding senior citizen, I’ve never been in trouble with the law. At the August 8, 2007 emergency hearing I informed the Court due to Heartland’s consistent poor care of Mollie sitting in her feces & urine daily, Mollie’s legs were never elevated, her legs were ulcerating, bleeding bedsores, Mollie not being bathed and always wearing someone Else’s clothes, I called the Ohio State Health Dept. to try and get Mollie proper medical attention. It was my Right to do so! My Mother was receiving abusive care. Because I called the Ohio State Health Dept. was the only reason the Judge made the statement, “all the trouble I caused” and used that lie as an excuse for the son to have time to bully Mollie and force her to submit to staying at Heartland. The Judge gave away his Court Room to the son on Nov. 14, 2007 and almost cost Mollie her life.

The Probate Judge informed me it wouldn’t do me any good to file an Appeal. I could not afford another attorney but filed an Appeal on my own. There were numerous mistakes and statements left out on my transcript by the Probate Judge’s, Court Reporter. I filed a motion for the court reporter to correct my transcript. The Judge denied my motion. I filed a motion for an audio of the guardianship hearing, the Judge denied my motion and of course I lost my appeal.

I have been up against Giants without any resources to help FREE Mollie. It should be clear to all now, the Legal Buddy System in Hillsboro Ohio put Mollie Florkey through an unneccessay, hellish transition of suffering needlessly at the end of her life where she almost has died due to negligent care of the son and the Heartland Nursing Home.

May 18, 2009 my son and I went back into Heartland to see Mollie. Again I was told to “Get Out.” Mollie started crying when she saw me. I wrapped my arms around her, Mom kept repeating my name, telling me how much she loves me. Mom was in bed, she has lost a lot of weight and she had an IV in her arm. Mom is very ill and needs to be in a hospital immediately! I read Mom her “Mother’s day card” that was two weeks over due. At the end I told Mom, “I Love you as far as the east is to the west! “ I asked Mom to “HOLD ON” that MIRACLES still happen. Mom promised me she would!

Please send HELP! Mom can’t hold on much longer! Mollie Florkey needs to be in a hospital to get proper care! The son must be removed as Mollie Florkey’s guardian! The Probate Judge must be removed from having any control over Mollie Florkey’s life. The Judge sentenced Mollie to an agonizing death.

Mollie Florkey must have the Right to return home to live with me where she will receive one on one care before it’s too late!

Please Help Save Mollie Florkey!

Respectfully,

Jane Branson, Daughter of Mollie Florkey

CWALTERSHILLSBORO@YAHOO.COM

Last Wills and Testaments, A Sham?

Does a Last Will & Testament
Adequately Protect

an Estate

vs

Fraud, Undue Influence,

& Other Wrongdoing?

NO!

What's Wrong with Existing Laws?

Suit Against Guardians Filed in California Court by Janet Phelan

Janet C. Phelan, Objector in propria personam
258 A Street #1-15
Ashland, OR 97520
Telephone: (647) 456-1618
(323) 515-4889

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF RIVERSIDE - CENTRAL DISTRICT
PROBATE DIVISION

No.: RIP080974
AFFIDAVIT AND VERIFIED COM-PLAINT FOR CIVIL DAMAGES OF BENEFICIARY JANET C. PHELAN IN SUPPORT OF PETITION FOR SUR-CHARGE OF TRUSTEE MELODIE Z. SCOTT (Cal. Prob. C. §§17,200(b)(7, 11, 12), 855, 856, 859)

Comm. Michael McCoy
Department:E-2
Date:
Time:

AFFIDAVIT OF JANET C. PHELAN

I, Janet C. Phelan, do hereby declare:
1. I am an adult daughter of James and Amalie Phelan.
2. I am a beneficiary of the James R. and Amalie M. Phelan Family Trust.
3. I am a successor in interest of the decedents.
4. I have personal knowledge of the facts asserted herein and if called to testify to the following, I could and would competently so testify.

PROCEDURAL HISTORY

5. Melodie Z. Scott was designated as Successor Trustee for the James R. Phelan and Amalie M. Phelan Trust on January 27, 2003.

6. I was not served with notice of the hearing.

7. Melodie Scott was surety bonded by American Contractors Indemnity for $586,000 in 2004 indemnifying her for liability as trustee of the Phelan Trust in a lawful manner. The bond number is 425199.

8. Melodie Scott is being removed from the Trust, due to her license being denied by the California State Professional Fiduciary Board after an administrative determi-nation that she made false statements on her application.

9. On information and belief, Ms. Scott is also under criminal investigation by the San Bernardino Grand Jury, as reported in the Los Angeles Times article of February 15, 2009 (Exhibit 1).

10. Substantial evidence of numerous acts of extrinsic fraud, conversion, breach of fi-duciary duty, concealment, material misrepresentation and conspiracy by Melodie Scott, during her tenure acting as trustee for the Phelan Family Trust, and by her attorney, J. David Horspool, was supported by petitioner in her April 8, 2008, April 25, 2008 and April 29, 2008 affidavits.

NEWLY DISCOVERED EVIDENCE OF MISAPPROPRIATION AND THEFT

11. Further recent investigation has uncovered shocking additional evidence of fraud, theft, and misrepresentation to the court have come to light. The evidence of these acts is as follows ¶¶12-15):

12. Bank statements of Redlands Community Bank, newly provided to me by an in-formant on or about April 2009 disclosed that Melodie Scott debited an unreported $30,000 from the account she managed for my mother on May 24, 2004, twenty days after my mother’s death (Exhibit 2). I do not recall nor can I find any record of Melodie Scott ever having declared these debits to the court or included them in an accounting.

13. In May 2009, the private investigation firm, Apex Strategies, acting on my behalf, recently searched and uncovered records disclosing that Melodie Scott has been re-questing Redlands Community Bank to issue “Counter checks.” A recently ob-tained example of this is provided in Exhibit 3. According to this record, on 5/11/09, Melodie Scott had the bank issue a counter check for $1000. These “Counter checks” by their very nature will not show up in sequence in her account-ings and also enable her to embezzle or otherwise defraud the Trust and the court and obscure her actual debits from the Trust. This “Counter check” was issued on The Amalie Phelan Trust Account, which is the parent account. As the parent trust was set up by Melodie Scott to fund the daughter trusts, there is no reasonable ex-planation for a debit of $1000. The only regular bill paid by the parent trust is the $135 monthly storage bill for the remainder of my mother’s belongings.

14. As evidenced by non-sequential and missing check numbers in her reporting, Ms. Scott has repeatedly written other checks on the trust account that were not re-ported to the court. I have repeatedly requested information, at least 5 times during the life of the trust, as to what checks were written that were not recorded. Exhibit 4 is the check I previously pointed out to the court was missing in her own general ledger and accountings to the court, identified as check number 667, issued for $4,546.33. Scott never reported this check to the court nor listed it in her own general ledger. There are many other missing check numbers that have not yet been accounted for. Since the Trustee is obviously writing checks and not recording them into her ledger, this also constitutes fraud and fraud upon the court. The trus-tee and her attorney have not responded to my requests for explanation, a violation of Probate Code 16060.

15. A legal demand for documents was issued on April 13, 2009 (Exhibit 5) following informal requests for records (Exhibits 6 and 7). Attorney Horspool refused the re-quest. Given the proven pattern of evidence that Ms. Scott is apparently misappro-priating funds by writing unreported checks and counter checks from the trust ac1. count for her own personal enjoyment and enrichment and/or conversion, I believe and allege that there exists a reasonable likelihood that these additional documents if produced on discovery, would reveal additional fraud and theft.

I hereby state under penalty of perjury under the laws of the State of California that the above stated facts are true and correct to the best of my knowledge.

Affirmed this 30th day of May 2009, at Toronto, Ontario, Canada.

Janet C. Phelan

COMPLAINT FOR CIVIL TORT DAMAGES (Cal. Prob. C. §855, et seq)

COUNT I, NEGLIGENCE

(Against both Melodie Z. Scott and J. David Horspool)

1. Plaintiff incorporates and realleges herein by reference the allegations set forth in ¶¶1-15 of this petition.

2. As a result of the negligence of the defendants, plaintiff was hurt and injured in her health, strength, and activity, sustaining injury to her person, all of which have caused and continue to cause plaintiff great physical and mental pain and suffering.

3. Because of such injuries, defendants have incurred general damages and special damages including medical and allied expenses all in an amount according to proof as well as damages for the intentional infliction of extreme emotional distress.
COUNT II, BREACH OF FIDUCIARY DUTY --
Misappropriation and Theft of Trust Monies, Failure of Duty of Trustee to Provide for Beneficiary’s Minimal Basic Needs, Pain and Suffering, Personal Injury, Failure of Fiduciary to Administer Trust Impartially and fairly to Plaintiff
(Against Respondents Scott and Horspool)

4. Plaintiff realleges and incorporates herein by reference the allegations set forth in §§1-18 of this petition.

5. Issuing checks and failing to report them to the court. Evidence of missing check #667 is again provided to the court as Exhibit #4. The court will note that this check was never listed in her general ledger for that year, 2004, attached as Exhibit #8. Other skipped check numbers include #126, 127, 128, 129 (from the 2002 ledger, Exhibit #9), Check #183 and #225 (also from the 2002 ledger). Jumping to 2004, the following numbers constitute skipped check numbers, and go to probable theft and/or fraud on the part of Trustee Melodie Scott--#569, 650, 663 and, of course #667. The evidence provided the court of these skipped check numbers is only partial, given that I do not have the cooperation of Melodie Scott in disclosing the financial records of the Trust.

6. Ms. Scott and Mr. Horspool, knowingly, intentionally and with malice and oppression acting in their roles as trustee and attorney for trustee of the Phelan Family trust, refused to disburse me trust monies, which the court had authorized and were necessary for my survival. These refusals were based on fraudulent declarations in support of Restraining Orders, resulting in total impoverishment and homelessness of this beneficiary. The court need only review the accountings filed with the court from 2002 until 2004 to note that payments from the Trust to this beneficiary were halted in June of 2002 and did not resume until October of 2003. The court will note that these payments again ceased in December of 2003,per Melodie Scott’s declarations to the court in thefiled accountings and did not resume until October of 2004. The court should be made aware that this beneficiary lost 80 pounds in one year because of lack of money for food due to economic hardship inflicted on me through the withholding of trust monies, which had been authorized to be disbursed by the court on December 18, 2001. Attorney Horspool was advised of the lack of money for food in the fall of 2002 and refused to respond, ignoring my most basic needs to have money for food. Scott has episodically denied me funds for medical expenses as well, and has currently refused to pay for medical expenses for one year. The Phelan Family Trust specifically states that medical expenses should be paid by the Trust, if not paid by insurance or other public benefit programs.

7. Double Damages. As provided by Cal. Prob. Code §859, Petitioner is entitled to claim double damages, and by Cal. Prob. Code §856 is entitled to have the respondent trustee’s surety bond remanded to petitioner as relief from these damages.
COUNT III. NEGLIGENT AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, DENIAL OF PARENT-CHILD CONSORTIUM, DEPRIVATION OF FAMILIAL ASSOCIATION (FIRST AMENDMENT)
(Against both Scott and Horspool)

8. Plaintiff realleges and incorporates herein by reference the allegations set forth in ¶¶1-22 of this petition.

9. Ms. Scott and Mr. Horspool knowingly, intentionally and with malice and oppression actively interfered with my relationship with my mother by applying for and obtaining Restraining Orders based upon fraudulent declarations of non-existent behavior on my part.

10. A parent has a "fundamental liberty interest" in "the companionship and society of his or her child, Kelson v. City of Springfield, 767 F.2d 651, 654-55 (9th Cir.1985) (citing Santosky v. Kramer, 455 U.S. 745, 753, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982)).

11. Moreover, "the First Amendment protects those relationships, including family
relationships, that presuppose 'deep attachments and commitments to the necessarily few other individuals with whom one shares not only a special community of thoughts, experiences, and beliefs but also distinctively personal aspects of one's life.' " Board of Dir. v. Rotary Club, 481 U.S. 537, 545 (1987) (quoting Roberts v. United States Jaycees, 468 U.S. 609, 619-20 (1984)); see also Conti v. City of Fremont, 919 F.2d 1385, 1388-89 (9th Cir.1990).

12. Mrs. Scott failed to inform me of my mother’s death until two weeks after her passing, although she and Mr. Horspool were contacted a number of times by me and by others on my behalf during the period from late April 2004 until I was finally told that my mother had died. I was informed of this in late May of 2004, after she had been buried without my notification. The brutality of their withholding this information from me is consistent with their prior and subsequent acts of intentional and malicious infliction of emotional harm.

13. Defendants had actual and constructive knowledge of their constitutional violations and failed to correct deprivations and errors within a reasonable time.

14. As a direct and proximate result of defendants’ breach, petitioner has suffered and will continue to suffer mental distress, emotional distress, discomfort, annoyance, anxiety, physical injuries, medical costs, illness, pain and suffering, lost opportunity, property damage, lost income, all to the damage in an amount to be determined at hearing and in an amount within the jurisdictional limit of this court.

15. The conduct of the respondents and trustees, in failing to correct these wrongs when they had sufficient time was knowing, intentional, and willful, and was done with full knowledge of the discomfort, annoyance and injury that these privations would cause petitioner.

16. Punitive Damages. In maintaining the wrongful actions, defendants acted with full knowledge of the consequences thereof and of the damages being caused to plaintiff. Notwithstanding this knowledge, defendants, in conscious disregard of plaintiffs’ health and safety, failed to remedy their errors. This failure was willful, oppressive and malicious. Plaintiff is therefore entitled to punitive damages against the defendants, and each of them, in an amount to be determined by the court.
COUNT IV. SLANDER AND DEFAMATION OF CHARACTER
(Against Horspool)

17. Plaintiff realleges and incorporates herein by reference the allegations set forth in ¶¶1-31 of this petition.

18. Libelous defamation on my character by attorney Horspool. This is cited in paragraph 2 (page 2) of Amendment to Declaration of Janet Phelan in Support of Objections to Second Accounting by Trustee Melodie Scott, and provided in Exhibit 1 of that document and again on page 3 ¶5, supported by Exhibit 2 of that document, referencing Horspool’s response to my article “Probate Murders—Part Two.”

19. Horspool again attacked my character alleging in his Petition to Accept Resignation of Trustee and for Appointment of Successor Trustee, filed February 26, 2009, in paragraphs 2, 3 and 4, by falsely stating that the Trustee must resign because of my alleged “mental illness,” rather than because of her license being denied by the State of California.
COUNT V. FRAUD, MISREPRESENTATION, THEFT, UNJUST ENRICHMENT AND WRONGFUL CONVERSION
(Against both Scott and Horspool)

20. Plaintiff realleges and incorporates herein by reference the allegations set forth in ¶¶1-34 of this petition.

21. Documentation supporting my allegations of perjury and fraud upon the court by Ms. Scott and Attorney Horspool in applying for the June TRO was supplied to the court several times, and most recently in my Objection to the Resignation of Melodie Scott, filed April 6, 2009, contained in Exhibit 3 of that document. Exhibit 2 is the medical record of my mother’s hospitalization which proves incontrovertibly that my mother received surgery as a result of my transporting her to the hospital in June of 2002.

22. Failing to do an inventory and appraisal of the estate assets, thus facilitating Ms. Scott’s theft of my mother’s belongings.

23. In her Supplement to First Accounting, filed September 20, 2006, Scott admits to neglecting to do the inventory and appraisal, thus violating one of her primary duties. Going to documentation of continued acts of fraud, Melodie Scott had previously billed the Trust 4.6 hours at $85.00 an hour on 2/06/03 and a meeting with Attorney Horspool for same at .75 hours at $85.00 an hour—documented by Probate Examiner Charles Mayr—in Exhibit 12 of April 8, 2008 Declaration Of Janet Phelan in Support of Objections to Second Accounting by Trustee Melodie Scott.

24. Stealing items from my mother’s storage space. The court was provided my police report to the Redlands Police Department as Exhibit 3 of the April 25, 2008 Amendment to Declaration of Janet Phelan in Support of Objections to Second Accounting by Trustee Melodie Scott. The Redlands Police informed me the police report was forwarded to the California Attorney General’s Office. As there is no record of such a report in the system at the AG’s office and no file number for such a complaint on file at the AG’s office, it would appear that the report was lost or otherwise misappropriated.

25. Refusing me access to the storage space to document the theft.

26. Fraudulent misrepresentations of the record to the court as to the decision made by Judge Lefkowitz in Santa Monica Superior Court concerning Horspool’s failed application for court costs in court proceedings. The court was provided Judge Lefkowitz’s decision as Exhibit 15 to the previously cited April 8, 2008 Declaration of Janet Phelan.

27. Concealing the factual nature of trust assets from me and from the court (reference paragraph 11 of this document).

COUNT VI, FRAUD UPON COURTS AND UNDUE INFLUENCE

(Against both Scott and Horspool)
28. Plaintiff realleges and incorporates herein by reference the allegations set forth in ¶¶1-42 of this petition.

29. Petitioner believes from substantial discovered evidence that this case has been fraught with fraud upon the courts and evidence of undue influence. I refer the court to the record of the August 1, 2002 “hearing” on my first TRO. The hearing did not take place, as previously documented to the court as Exhibit 4 and Exhibit 5 of my Objection to the Resignation of Melodie Scott on file with the court and I was restrained from my mother without due process by Judge Stephen Cunnison. Judge Cunnison again violated my rights as a U.S. citizen to make complaints to justice agencies in the order to further restrain me from making police reports, reports to the District attorney, FBI and other agencies which he signed on October 8, 2002. Judge Selim Franklin approved the accountings on November 18, 2004, wherein attorney Horspool had filed as a confidential bank record the May, 2004 Community Bank of Redlands statement, which reveals the aforementioned thirty thousand dollar theft. The fact that the Judge had access to this statement and still approved the accountings supports allegations of undue influence. On June 27, 2002, Commissioner Burgess (formerly Ettinger) issued a gag order on me, which was never mentioned in court, nor was I ever served notice with the gag order. Burgess again issued a void order on April 30, 2008, when she overrode my objection that attorney Horspool not be granted permission to go into the Trust and retrieve his court costs, as these had previously been denied by Judge Lefkowitz in Santa Monica Superior Court. This also substantiates my claims of undue influence.

VERIFICATION

I, Petitioner Janet C. Phelan, do hereby declare under penalty of perjury that I have read the foregoing complaint and petition for surcharge and the facts stated therein are true and correct, based on my direct first hand personal knowledge.
Affirmed this 30th day of May 2009, at Toronto, Ontario, Canada.

Janet C. Phelan, Petitioner in propria persona

[1] Judicial Notice and Objections to Second Accounting by Trustee Melodie Scott, file stamped April 8, 2008, Declaration of Janet Phelan in Support of Objections to Second Accounting by Trustee Melodie Scott, filed April 8, 2008 and in Amendment to Declaration of Janet Phelan in Support of Objection to Second Accounting by Trustee Melodie Scott, filed on April 25, 2008.[1] Redlands Community Bank Acct. No. 21661627, Amalie M. Phelan Trust, Melodie Z. Scott, Trustee.
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It is typical Modus Operandis for attorneys and guardians to block all funds to the family of their victims as to make it impossible for victims and their families to hire legal counsel.
Then they will continue to discredit and villify the victims families who are fighting for their lives and that of their love ones.

We wish Janet Phelan all the respect and consideration she deserves from the California Riverside District Probate Division.

I encourage all to go to their website http://www.riverside.courts.ca.gov/probate.htm
and kindly and respectfully remind them that the courts exist for the benefit of the citizens and not vice versa, please take a few minutes and communicate to them your concern with the fact that so many people are becoming increasingly saddened and discouraged by the lack of moral courage and ethics in our judicial system.

Lets light up that switchboard with Regular mails and phone calls
Riverside Probate Court
4050 Main StreetRiverside, Ca. 92501
951.955.1970

Thank You
Ray Fernandez
Editor