First Women Shelter in the USA
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By Barry Nolan January 11 2009 as posted in Children Underground
This is really hard to believe. I am sitting in a room filled with women who were beaten, and violated in terrible ways. The room is not in Bosnia, or some far flung third-world hell-hole. I am in a function room in a hotel in Albany at the Battered Mothers Custody Conference.
Many of the women around me are sobbing now, as a child tells her story. “My father beat me” she begins. Well, she is not a child now actually, but she is a child to me. She is a poised, attractive young woman named Jennifer Collins who is a survivor of child abuse and of a Child and Family Court System that betrayed her and her brother, just as it betrays children across this country every day when it orders children to live full time with an abusive parent.
I know you do not believe me. And that makes me realize that this is the experience that these women who surround me have all had. No one believes them. No one believes this can happen. But it does. Sometimes this happens despite voluminous evidence, eyewitnesses and medical records that the child has been beaten, even raped and sodomized by a parent seeking custody. Sometimes the courts do this even if the parent seeking custody has been convicted of, or admitted to domestic violence or sexual assault. I know you don’t believe me. But you would believe Jennifer if you were here.
It is a strange world in Child and Family court. For instance, even as much energy in the wider world goes into efforts to make certain that sex offenders have no access to children, that they can’t live near a school and walk near a playground, in this odd little corner of our judicial system, courts routinely order children to “reunite” with a sexual predator parent who hurt them. All in the name of “family re-unification”.
I know this sounds impossible. It is against all common sense. This is America after all. But come sit here with me, and listen to this woman/child tell her story. She has “aged out” of the system and is no longer under the thumb of a court that tells her she must be silent. There is a whole group of courageous kids like Jennifer who are old enough now to tell their story to you, face to face. Jennifer’s story is a pip. And it is pretty typical.
Jennifer tells us about her mother Holly and her dad. He was a batterer who beat Holly. And he beat the children. Jennifer moves her story along quickly to the day when her older brother, then about 4, tried to intervene as dad was beating mom. Dad threw the son against the wall and fractured his skull. There is much more. But I will move the story along quickly to what happens when Holly finally decided to leave this man who beat her and the children. She fled that terrible house, only to find herself in house of mirrors. The Child and Family Court system.
It is almost as if none of the people who run the Child and Family Court system ever read about or learned a single thing from sad saga of the Catholic Church’s sexual abuse scandal. It’s like they never heard about how victims of physical or sexual abuse are often silenced by their own sense of shame. How their terrible stories can sometimes finally come pouring out in torrents. It may be years later, but it is no less true. This is not theory. This is fact. We have all watched these sad dramas on the 6 O’clock news.
But, uniquely in Child and Family Court, if allegations of physical or sexual abuse are raised during a divorce where custody is an issue, the allegations are used, not against the perpetrator, but against the victim. There is this invented thing, a bit of junk science called “Parental Alienation Syndrome”. It basically says that any time a woman raises the issue of physical or sexual abuse, of herself or the children in the midst of a custody dispute, she is just trying to make the man look bad and make the children hate him. She must be lying.
Look, I am not a fool. I know people lie. I know some women lie. I know people say awful things about each other in divorces. I have watched Jerry Springer just like you. But I have also watched “To Catch a Predator” and I know “respectable” people can do horrible things. So, do a thought experiment here. Pretend you are a woman who had finally left an abusive relationship, taking your children with you. If your controlling soon-to-be ex-husband sought to get full custody of the children as one last slap at you, what would you say? OK? Sure, that sounds fair? Fat chance.
The thing a real court would do when this happened is to consider all the evidence, and talk to all the witnesses. Witnesses like the children. They were after all, there when “it” happened. This is what a court would do if a stranger were accused of beating them. Or raping them. But this is not what the Child and Family Court system does.
Jennifer, the survivor, tells us of the day the representative of the court came to take her away from her mother and take her to live at her dad’s. How she clung desperately to her mother’s leg, until they pried her fingers loose, lifted her up, carried her away, and compelled her to live with the man who would beat her. Jennifer tells us how her mother, desperate beyond all measure, kidnapped the children, spirited them away to the Netherlands, where they became the first Americans to be granted asylum. How she lived in a refugee camp, with refugees from Somalia and Sierra Leone, people who had to learn how to use toilets and forks. How this was better than “home”. This was a step up. She was with her mom.
Jennifer lived in exile for 14 years. She finally “aged out”. The court has no jurisdiction now. And so Jennifer had the freedom to come home, to America, to this room where I sit, surrounded by women who are now weeping with joy and cheering for Jennifer’s mom for being so brave and for Jennifer for telling her story to this room full of people who know her story is true. Because the same thing happened to them. So they believe her.
I believe her, too.
Galveston,Texas USA
Radley Balko, senior editor at Reason, has an update on Dymond Milburn, the 12-year-old girl who was grabbed out of her front yard by three undercover police who accused her of being a prostitute and then beaten so badly she had to go to the hospital to get her head injuries treated.
Balko has learned that the lawsuit is real, not a hoax as some have suggested. Here's a copy (pdf) of the complaint. And here's a record of the filing in federal court.
Source=>>
Related=>> Open letter to the Tens of Thousands of Rogue Cops
Man has spent 14 years in jail for contempt without being charged for a crime.
Posted by Mark Frauenfelder, January 14, 2009 permalink
Wall Street Journal reports on a fellow in the United States who has spent 14 years behind bars without being charged for anything.
Consider Mr. Chadwick's case. In 1994, during divorce proceedings, a Delaware County judge held Mr. Chadwick in civil contempt for failing to put $2.5 million in a court-controlled account. He says he lost the money in bad investments; his wife's attorney claimed he had hidden it offshore. In April 1995, Mr. Chadwick was arrested and detained.
Nearly 14 years later, Mr. Chadwick, who suffers from non-Hodgkin's lymphoma, is still in jail -- even after a retired judge was hired to help locate the money, and failed.
"The money is gone," says Mr. Chadwick's lawyer, Michael Malloy. "The coercive effect of this order is gone; it has turned into a life sentence."
The judge who held Mr. Chadwick in contempt in 1994 couldn't be reached for comment, but he has said publicly that he doesn't believe Mr. Chadwick lacks the funds.
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at
1/14/2009 10:56:00 PM
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Labels: Civil Rights, Goverment Abuse, Judicial conduct, News, Reform
Hello I am new to this group. I have an aunt in Vienna, Austria that is being abused emotionally by her daughter. Does anyone out there know of a support group, or help line she can contact?
fluffy_nan@yahoo.com
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by Ray Fernandez
Recently I have gotten many letters and phone calls from people that are concerned because my on line presence has been spotty.
As many of you know when my Dad suffered a stroke in 1999 his wife Clara G. Fernandez, 87 yr old wife of Dr. A.J.Fernandez for 58 years was removed from her home without the benefit of a court order or any thing resembling one , recognizing that when a middle class citizen goes to jail for a bag of pot he gets fined, the bailsman , attorneys, jails gets business and everyone makes money but when an elder gets abused there is simply no money to be made unless the elder is committed so the authorities do the old "Shoulder Shrug."and send you down the road to the folks that do the committing.
We turned to Florida Division of Children and Families who said that in order to Dr. Fernandez to ever see his wife again a Guardianship was needed so we filed for one, little did we know that the guardianship nightmare would take four years of full time fighting to free our mother from the tyrannical hold of those that seek to control us and profit from every aspect of our private lives.
In an effort to protect those without a voice who were being victimized twice . First by financial abuse by the criminals that committed these crimes and then by the authorities in charge of protecting our elders that had not responded to these victims as they needed to, this led to four hard years of endless court hearings during which my mother's estate was billed down to zero, the guardian's attorney first order of the day was to declare war on the "Ward's family and vilify them through insinuations and false accusations.
Special thank you goes out to Judge David J. Audlin who once he realized he had been mislead by trusted 'Officers of the Court" who mis represented the quality of care Clara was receiving in order to prolong the Guardianship even after her assets had been depleted, Judge Audlin had the wisdom to return our mother back to us.
Now that I no longer have to fight the tyrannical over reach of the State into our private lives I have activated my Real Estate Broker License which is a full time job along with working the financial markets, and as a Certified General Contractor jump starting projects that were previously put on hold. Having three (3) full time jobs to make up for lost time and income leaves little time for dallying. I also want to especially thank attorney Adrian P. Thomas who when everything seem lost never gave up and when my father , Dr. Fernandez said to me " Ray I want to see my wife again, I don't care if you have to spend every dollar I ever made" made this dying man's wish come true.
Also want to thank attorney Samuel Kaufman and all others who worked to free my mother and re establish her most basic of civil rights , the right to travel, the right to her social security income, the right to dental and medical care, right to decide whom and were she want to be with and generally rights that were denied her during the guardianship period re- established .
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1/12/2009 07:05:00 PM
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Labels: Case Study, Clara Fernandez, DCF, Dr.Fernandez, Editorial, Elder Abuse, Family, Florida, Reform
I was curious to see if the Europeans have noticed the USA's undeclared war on it's own people and went on to see one of Europe Best Blogs, No Pasaran and this is so similar to what is happening with the Elder Guardian Abuse Racket of which we are in a constant Estate of Denial that I decided to cross post the article.
G. K. Chesterton once observed that the family serves as the principal check on government power, and he suggested that someday the family and the state would confront one another writes Stephen Baskerville in Touchstone Magazine (read excerpts from his book, Taken Into Custody: The War Against Fathers, Marriage, and the Family).
Martinsville,Virginia,USA
Virginia State Police are investigating the death of a 17-year-old Martinsville boy who died Thursday after a city police officer used a Taser on him.
A 17-year-old boy died in the hospital after being Tasered by a Martinsville police officer during an incident Thursday night, the city says.
By Candice Nelson WSLS10 Reporter Published: January 9, 2009
Source=>>
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We are now living under the early stages of a de facto martial law, extra-judicial killings and beatings are now reported often and perpetrated upon the the American people who are afraid almost on a daily basis. Police have modeled themselves on the worst components of thugs . Police have copied the Nazi SS in manner, in demeanor and now in their public behavior toward the American people.
In closing we sure miss the old days where no officer was allowed to become judge, jury and executioner; much less without first arresting the individual that might be suspected of a crime.
When crimes are committed by civilians they are summarily arrested and charged, often within hours. But when an "officer" kills someone whether with bullets or by Taser no action against the police is taken for an extended period of time. That practice compounds the original crime and is far more serious because it means that those who are responsible for enforcement do not face the same consequences as do the citizens. that these 'officers' are supposedly charged with protecting the public from, but also from the government as well!
Since The Doctrines of 2002 went into effect, America has been living as a nation without laws. Those wearing a uniform in this country have become a major part in a lawless society unto themselves, and this must be ended if we are to have a country that has any authority to function as a nation of laws instead of as the outlaw State that the USA has now become.
The execution of an unarmed and thoroughly contained individual constitutes a crime against society, as well as murder.
ref. 1) Stealing the Dream
3) Open letter to the Tens of Thousands of Rogue Cops
* This does not reflect upon the thousand of polite,caring and professional police officers that are proud of what they do but the action of some rougue cops that believe that they are above the law.
JACKSONVILLE, Fla. - A supervisor in the program that distributes food stamps and other funds to needy families is accused of stealing $24,000 in state funds.
The Florida Department of Law Enforcement said Susan Curry Wolfe, 47, was arrested Thursday morning at her office at the Department of Children and Families. She was charged with grand theft, criminal use of personal information, and scheme to defraud and booked into the Duval County jail.
MSNBC News =>
Lou Kilzer and Sue Lindsay, News Staff Writers
The Rocky Mountain News as Reported in Estate of Denial
At first his professional guardian seemed like “a savior” to David Kleck.
His family was struggling with the upheaval of relocating to Denver at the same time he was entering a nursing home. But when the crisis passed and the Klecks decided David no longer needed an outsider’s help, the guardian disagreed.
Only after a costly legal battle did she resign. Then she went back to court to try to force the Klecks to pay the legal bills she had run up in her fight against them.
David Kleck was a powerhouse in Louisiana public life for more than 35, a man whose public relations firm brought the Saints expansion football team to New Orleans and helped elect politicians, including New Orleans’ first black mayor.
His sharp mind betrayed him, though, and in 1993 at age 72 he was diagnosed with “mild to moderate dementia of the Alzheimer’s type.” His condition slowly worsened over the next two years until his wife, Cynthia, felt she could no longer care for him.
The crisis came just as the family was planning a move to Colorado, where daughter Suzie was to attend graduate school.
Rather than settling David in one facility and then uprooting him a few months later, Cynthia placed her husband in a Lakewood nursing home in November 1995 intending to join him in the Denver area as soon as the family’s house sold. But David resented the move.
“Here was a man who had always been able to live and do exactly as he wanted, and all of a sudden doctors were saying he had to stay in this care facility,” daughter Suzie told the News. “He was not happy.”
Being in a nursing home was “agony,” said another daughter, Nancy Kleck. He felt lonely over the holidays. Cynthia and Suzie Kleck relocated to Colorado in March 1996, and Cynthia moved to take full control of her husband’s affairs. She hired Susan Haines’ law firm, petitioned probate court in Jefferson County and was appointed temporary guardian and conservator for David on June 20, 1996.
Things went downhill from there.
David hired his own lawyer, Steve Warden, and when Cynthia petitioned the court to make her appointment permanent, Warden objected.
The parties turned to Stephanie Conrardy to assist.
Both lawyers had, in the past, worked with Conrardy, whose company, Conrardy Case Management, provided professional services in probate cases. Conrardy was hired to manage David’s case.
“I looked upon her as sort of a savior at first,” said David, who was lucid and articulate during a recent interview with the News. “My wife was the first to come across the friction that eventually ensued.”
Beginning with her first report that August, Conrardy was critical of Cynthia’s treatment of David.
“It is unfortunate that now that David has needs, his lifetime companion is no longer available for him,” Conrardy wrote. “David is extremely sad about the loss of companionship and the intimate relationship he once shared with his wife, his mental and physical deterioration and loss of independence and autonomy.”
Conrardy remained critical of Cynthia Kleck in the case summaries that followed.
But none of the Klecks saw the reports until many months later.
So in October 1996, David and Cynthia agreed that Conrardy should be appointed David’s guardian to “serve as a buffer” between family members and to oversee his care. Jefferson County District Judge Michael Villano made the appointment official on Nov. 4, 1996.A few months later, David’s longtime friend in Louisiana, accountant Allen Ritchey, was appointed conservator.
He soon expressed concern over the state of affairs.
In a financial plan filed in March 1997, he said he was troubled by duplication of services to David and confusion over duties:
“There is much resentment and tension between Mrs. Kleck, Mr. Kleck and Ms. Conrardy concerning who is to do what. Mrs. Kleck wants to take her husband to the doctor, . . . and take him out for social occasions. The court has ordered Ms. Conrardy to also provide these services.”
He said the staff of Myrick House, David’s nursing home, also could perform many of the services Conrardy was providing.
He suggested that “one of the children could act as guardian and conservator with proper court supervision.”
Conrardy objected vigorously to that idea.
“It is important for you to know that . . . David’s wife, Mrs. Kleck, and his daughter Suzie Kleck, have not advocated in his best interest and they are preoccupied with his money, and quite frankly rarely visit him. Neither of these women have made any positive comments to me about David, only angry and bitter comments which seem to distort their ability to treat David with dignity,” she wrote Ritchey.
But as the Klecks became more established in Colorado and David grew to like Myrick House, family discord eased, while the “friction” with Conrardy mounted.
Then in March 1998 — when the Klecks say the conservator first gave them copies of Conrardy’s bills — the tension burst into the open.
Daughter Nancy, who lived in Kentucky, wrote the court saying she was shocked to learn that Conrardy’s charges totaled $17,000 as of February 1998:
“For what? What does $17,000 buy a person who is generally confined to a house? What does Ms. Conrardy or her staff do to warrant these obscenely excessive charges?”
She expressed particular outrage that after Conrardy had brought holiday treats to David and taken him to a Christmas party, Conrardy charged him for the treats and the time involved in taking him to the party.
David recalled the issue saying, “For someone who came from Louisiana, I shouldn’t be shocked, but I was.”
The family decided that Suzie, who had a master’s degree in family counseling, should take over as guardian.
David hired attorney Debra Knapp to petition the court for Conrardy’s removal. Conrardy hired attorney Laura Vogelgesang to respond.
The guardian said she did not believe David understood his situation and she thought it would be inappropriate for her to resign unless a guardian ad litem were appointed to ensure his well-being.
A bitter legal fight ensued.Conrardy contended that David was concerned that his daughter might drug him and take him to Mexico.
The Klecks’ attorney argued that the guardian was using unjustified personal attacks in a campaign to hold on to the job.
Finally, on June 9, 1998 — just before a hearing on her removal was set to begin — Conrardy asked the court to accept her resignation, which it did.
The fight over fees continued.
In motions and hearings through the rest of 1998, Knapp and co-counsel Benjamin Sachs outlined the family’s objections to Conrardy’s fees during her guardianship, alleging that:
David rarely saw Conrardy during the year and a half in which she acted as his guardian. Instead, Conrardy sent her employee, Karen Buchanan. Still, David was billed at Conrardy’s own rate of pay — $75 to $85 an hour — while Buchanan was paid $25 to $35 an hour. Then Conrardy billed $85 an hour for the time they spent talking to each other about the case.
Conrardy assigned management of the case to her own employee without telling the Klecks that the same services were available elsewhere at lower prices. In effect, she used her public appointment to hire her own for-profit company instead of less expensive, competent alternatives.
Conrardy “over-guardianed” the case, charging unnecessary fees — such as $180 to manage a checking account with $200 in it — and running up $18,416 in fees for services plus $46,000 in legal fees in her fight to stay on.
“This case presents a classic example of the depletion of funds of an elderly and disabled man by a professional guardian who derives personal financial benefits from selling case management and other services to her wards at top-dollar prices,” attorney Knapp said.
Conrardy — who would not speak to the News about this story or others — defended her fees in the court record as reasonable for the high quality service she provided.
She said it was standard for case managers to conduct, on behalf of guardians, the routine visits with wards.
She also said in a deposition that her business did not make a profit, although Knapp obtained tax records showing Conrardy earned $250,000 a year and more from it.
Conrardy’s lawyers accused Knapp and co-counsel Sachs of targeting her for a “personal witch hunt” to put her out of business.
“Neither Sachs nor Knapp have ever threatened to put Ms. Conrardy out of business,” Knapp answered in a Dec. 10, 1998, motion. “They have done nothing except act as zealous advocates for their client, within the bounds of the law.”
In an order on Feb. 3, 1999, Senior District Judge William Jones refused to order Kleck’s estate to pay for Conrardy’s attorney’s fees, saying her “refusal to resign when requested was unreasonable, unjustified and inappropriate.”
But Jones let most of Conrardy’s guardianship fees stand, noting that “although the fees were higher than average in the area,” formal objections to them weren’t filed until Knapp got on the case in March 1998.
The judge also chided Knapp for being “unnecessarily aggressive” in pursuing David’s interests.
After the ruling, Conrardy filed further petitions to force the Klecks to pay her attorney’s fees. But on April 15, 1999, Conrardy was again turned down, this time by Jefferson County District Judge James Zimmerman.
As the fight drew to a close, the family found itself at odds with David’s conservator as well. That dispute — which included another battle other legal bills — continued into this year and resulted in conservator Ritchey’s resignation.
Today, David still lives in Myrick House, his care overseen by his daughter and wife. Dolly Stuart, manager of the nursing home, told the News she believed the concerns Conrardy expressed about David’s family were unjustified.
“I’ve seen families where all they care about is the money, and this is not the family. They have always been right there, visiting him, bringing him things, taking him to doctors’ appointments and to dinner,” she said. “If this isn’t an involved family, I don’t know who is.”
In a recent interview, David’s lawyer, Knapp, said the system should have recognized the Klecks as a family in crisis and offered help, not divisive legal tactics.
“This case cried out for family reconciliation and support, but instead got over-lawyered and over- case-managed,” she said.
Cynthia Kleck describes the ordeal as “a living, breathing nightmare.”
“We thought we were doing the best thing for Dad,” daughter Suzie said.
“But through our best intentions we created this monster and couldn’t get out of the system. Once you get into the system, we had to pay thousands and thousands and thousands of dollars to get out.”
David, himself, seems stunned by the process.
“I haven’t seen this kind of skulduggery since I left Louisiana,” he said. “Every time I turned around, someone else was coming around doing something I didn’t want them to do and expecting me to foot the bill.”
Last January, Tarika Wilson, a 26-year-old mother living in Lima, Ohio, was shot and killed by police while she held her 13-month-old baby in her arms. The police had burst into her house in search of her boyfriend, who was wanted on drug charges. There were toys on her front porch, making clear to the police that children were home, yet they fired away indiscriminately.
Kathryn Johnston was a 92-year-old African-American woman living in a dangerous Atlanta neighborhood. In the middle of the night, she heard the sound of someone prying off the burglar bars that covered her door. Thinking a criminal was breaking into her house, she got out her gun and fired shots after the door was broken down.
But it wasn't burglars. It was the police, armed with a no-knock warrant. They never identified themselves. Instead, they shot at her 39 times. That's right, a 92-year-old woman was shot at 39 times. Then she was handcuffed and left to die.
Just two months earlier, Pam and Frank Myers were watching a movie in their home on a Friday night. All of a sudden, police officers -- members of the same Prince George's County, Maryland Sheriff's Department that killed the Calvos' dogs -- barged into their house.
Though it was immediately clear that the police had broken into the wrong home, they held the Myers hostage for 45 minutes. For good measure, the police shot and killed their five-year-old Boxer.
Last summer, Round Lake Beach, Illinois police got a no-knock warrant and smashed down the door to Robert Tomasetti's apartment following an anonymous -- and erroneous -- tip that drugs were being sold there. They, too, shot his dog dead.
Several years ago, Alberta Spruill, a church volunteer and city worker in Harlem, was just waking up. It was 6:00 am. Without warning, a battering ram broke down her door and police tossed a flash grenade inside. The trauma and the smoke caused her to have a heart attack. She died on the way to the hospital. And the police never found the drugs they were looking for because there were none to be found. The police were operating on bad information.
Even police are being harmed. During a no-knock drug raid in Inkster, Michigan, two officers were injured when bullets fired at a dog ripped through the animal, ricocheted off the floor and struck them. And during a Paterson, New Jersey, drug raid, as a police officer on the second floor of a house shot a dog, the bullet passed through the floor and hit another officer below.
Police departments have instituted arbitrary arrest quotas with promotions and raises hanging in the balance they then hold press conferences bragging about their big hauls and the number of people arrested.
Last summer, Round Lake Beach, Illinois police got a no-knock warrant and smashed down the door to Robert Tomasetti's apartment following an anonymous -- and erroneous -- tip that drugs were being sold there. They, too, shot his dog dead.
The horror stories we have shared with you of elders isolated drugged and killed for their money, children with ailments separated from their parents and if a mayor's home is invaded and his dogs are killed or a 92-year-old woman is shot at 39 times by the police, it makes the news. But for every incident like this, there are hundreds -- even thousands -- that never get reported. This is only the tip of the iceberg.
How can this happen in America? Whatever happened to our constitutional protection against unreasonable searches and seizures? Whatever happened to "A Nation of laws" the notion that the police are there to protect us, not kill us?
The War on the Middle Class ,The Elderly,The Infirm, the War on Drugs is destroying the lives of far too many people . Even family pets are being killed in the crossfire. Just as ominously, this misguided war is unraveling the very fabric of our society and our civil liberties. It must end now!
Studies estimate that 50% of elderly American are victims of financial exploitation while only 4% to 15% case are ever reported. Financial swindles are one of the fastest growing forms of abuse of the elderly according to NCEA.
We owe it to AMERICA'S GREATEST GENERATION – OUR SENIOR CITIZENS to protect them from those who are determined to steal their assets and dignity.
An example of fraud is the situation where one influences a testator that another relative has stirred up trouble....statements.
Financial exploitation should be considered if the patient has suddenly transferred assets to a family member.
John 8:32 "Then you will know the truth, and the truth will set you free."
1 Corinthians 13:12-13 "And now these three remain: faith, hope and love. But the greatest of these is love."
Romans 13:8 "Let no debt remain outstanding, except the continuing debt to love one another."Leviticus 19:32 "Rise in the presense of the aged, show respect for the elderly."
Bhagavad Gita Chapter 17 "For the sake of respect, honor, veneration and indeed pride is said to be of ... superiors like the father and mother, and in cleanliness, simplicity, and nonviolence."Pindar (522 BC - 443 BC) A graceful and honorable old age is the childhood of immortality.
Carol Matthau There is no old age. There is, as there always was, just you.Booth Tarkington (1869 - 1946) "Cherish all your happy moments; they make a fine cushion for old age."
Gloria Pitzer About the only thing that comes to us without effort is old age."Make wisdom your provision for the journey from youth to old age, for it is a more certain support than all other possessions."