Thursday, April 06, 2006

News Article on Wrongful State Guardianship

Woman: Mom’s wishes ignored

Daughter questions guardian change by judge

By JENNIFER LEARN-ANDES jandes@leader.net
Grace Connors executed paperwork in September 1990 to make her only surviving daughter, Mary Connors, her durable power of attorney – the person who would manage her life, legal matters and finances if she could no longer do so.
Her wish is not being honored.
The 84-year-old West Pittston native now suffers dementia, and a Luzerne County judge has named a different guardian – the Family Service Association of Wyoming Valley.
Mary Claire Connors and her legal representative – the Public Interest Law Center of Philadelphia – say the court had no authority or justification to appoint a different guardian, and they filed legal action this week to force the county to reinstate Mary’s durable power of attorney and end the association’s guardianship.
“Mrs. Connors’ plain and bindingly expressed wishes, required under law to govern here, have been systematically disrespected, ignored, disregarded and trampled,” wrote lawyer Thomas K. Gilhool.
Mary Connors said “anger is just oozing out of me.”
“If these durable powers of attorney are being ignored, why advocate that people get them?” said Connors, who recently attended a county commissioners meeting to publicly urge county officials to watch her case and others.
The not-for-profit Public Interest Law Center helps people who can’t afford lawyers fight to get all levels of government to “do right by the public, especially the weakest and most vulnerable citizens.”
Gilhool presented the following details in his filing:
Grace, a lifelong West Pittston resident, had a U.S. Postal Service pension left by her late husband and a long-term care insurance policy.
Her attorney, Veronica Kisailus, testified in guardianship proceedings that Grace asked her to prepare a durable power of attorney in 1990. Kisailus said she explained in detail what it meant and Grace signed the action. Kisailus testified that Grace “gave every evidence of being of sound mind and judgment.”
The county’s Area Agency on Aging initiated the change in guardianship in 2001.
Grace had been visiting Mary in August 2001 in Santa Rosa, Calif. Mary Connors reported that her mother had been unlawfully removed by her adoptive niece from an Alzheimer’s day program there and brought to Pennsylvania without Mary’s knowledge or consent.
Around that time, Grace passed a note to a longtime West Pittston next-door neighbor, asking the neighbor to please get her out of the adoptive niece’s farmhouse, where she had been moved. The neighbor gave the note to the West Pittston police, which turned it over to the Agency on Aging.
In November 2001, county Judge Chester Muroski appointed the Family Service Association as temporary emergency guardian and later guardian “until further order of this court.”
Mary has argued in court that nobody has presented any evidence, proof or good cause showing why the power of attorney should be disqualified. The law requires evidence of “good cause or disqualification” before another guardian can be named, Gilhool said, adding that Mary must also be given a chance to refute any claims.
Gilhool said the Sept. 17, 1990, durable power of attorney was in “full force and effect,” making the other guardianship “unlawful, invalid, void and voidable.”
The Agency on Aging has cited allegations from both “sides” regarding “exploitation of Mrs. Connors’ assets.”
Gilhool said Mary gave the court complete records of the bank account and other transactions throughout the period of her durable power. The other “side” produced incomplete records that, if investigated, “would have shown a very substantial and unaccountable withdrawal from the then recently established joint account by the other ‘side,’” he wrote.
Grace was placed in a facility, where she has been for nearly five years, the action says.
County Public Information Officer Kathy Bozinski said the county can’t comment on pending litigation, and background information on guardianships would likely be confidential anyway.
Mary moved back to the family home in West Pittston, though she said it’s in foreclosure proceedings and the county is trying to liquidate it to pay the nursing home that she does not want her mother in. She said she wants her mother to live with her with assistance from providers that come into the home. People must wake up and realize the same thing can happen to them, she said.
“I want to show the public that the trust they have in the system can be violated. They can’t depend on their advance directives being followed,” she said.

Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.
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"The more men have to lose, the less willing are they to venture.  The rich are in general slaves to fear, and submit to courtly power with the trembling duplicity of a spaniel." - Thomas Paine's "Common Sense" - 1776
 

Wednesday, January 04, 2006

DUE PROCESS DENIED=unlawful guardianship

BABY BOOMERS BEWARE ! ! !
SOME CHANGES NEEDED ! ! !
Currently the "state" is in effect_INFALLIBLE. There is absolutely no accountability required nor desired, regarding the "state's actions".

One of the common tactics to gain unlawful guardianship, hence, the "taking of the fruits of a lifetime of labor" from law abiding citizens is DENIAL OF DUE PROCESS. That tactic is accompanied by deception, intimidation, ineffective/incompetent counsel and often, fraud and obstruction of justice.
Forewarning is almost the only way to avoid the predatorial guardianship trap.

Sunday, December 11, 2005

JUSTICE FOR DUMMIES ! ! !

Justice for Dummies
I am sorry, but I just don`t get it! `Guess Inever will. Is there a book, "Justice for Dummies?"Not yet! Well..... you know, that silly refrain thatsays, "click here," "click there!" Well I have clicked everywhere! And I am a dummie but I have found no justice,anywhere!
Have I asked too much? "Justice for dummies?" AllI ask is that someone of high authority to say to me, "We are sorry that your mother died this way! And we promisethat this will never happen, again, to a decent human beingfor no reason!" Yea, I know I have a better chance of winningthe lottery! But.......... Justice for dummies? Well, I`llkeep searching for that "click!" You do the same!Willy

HELP ! ! !

Please help us, this is not a number, she is Mary Connor's mother. I am asking for her as well as for my mother Estela Torrent, Guardianship Case No. 02-3204-04 Miami-Dade County, Florida under the Jurisdiction of the Administrative Judge Maria Korvick. mtvsairam@aol.com we want out mother's home. Please help us,Maritza Torrent-Viola. thank you.

BILLION $? _OF THE GUARDIANSHIP"TAKINGS"

The Billion Dollar Question Rolando Larraz Tribune Media Group The Office of Public Guardian was run by the infamous Mr. Jared Shafer, for more than thirty years, which resulted in the premature deaths of tens of thousands of elderly in Las Vegans and their estates "raped." The Office of Public Guardian was started in 1970, created out of thin air, and is the most powerful state agency because of the vast amounts of money that is basically stolen on a daily basis.

Mr. Shafer was forced to resign as Public Administer and not to run again for the Public Administrator, under a very rare circumstance. He held two Offices unlawfully. The Law states that no one can hold two offices at once, but he did, and that alone, should tell you something about what is going on here.

This Office handles far more money (power) than any other Office, since it handles great numbers of estates in the millions and billions of dollars. This is a report highly critical of the "Public Guardian's Office" and current Public Guardian, Ms. Kathleen Buchanan. In this critical article and review of this office, an attempt to answer the question of how all this happens, and where the missing Billions of Dollars may be? It is "just scratching the surface of the ice berg?"

Deep in the new reinforced fortress of bullet proof glass, electric doors and of course, cameras, it is a position of "autonomy," playing every trick in the book, a perfect place for a perfect criminal to be in, for the perfect crime.

Is Ms. Buchanan, doing business as usual? Mr. Shafer is secretly still ruling the roust. In this state there are no prerequisites for entering the Guardianship Administrative business: no special training, no licensing process, no enforceable professional standards and of course no ethics for the ethicly challenged. This "Service" is kept under "one roof," by this small bold group who "lays low" as much as possible?

It is a fast and steady "growing business." Generally, when there is no overarching watching federal agency as watchdogs, and it is usually a good indicator of corruption. The elderly are often "prime targets" because they are more trusting, and as such, more susceptible to modern scams. Many experts consider this abuse rampant. The Ward's "needs" are now a court's "Order," with the victim paying their attorneys thousands of dollars of their own money to be used against themselves.

Misrepresentation is suspost to be prohibited! You walk into a "one way street" courtroom, and converse with a "judge" only to be immediately declared "incompetent," which is a pure and utter "death sentence." It is really hard to sue when you are dead! They know that. It is difficult to document the patterns of neglect, the mistakes in medication and other deficiencies like over-medication and mis-prescribing of the doctors and so forth, because virtually all the victims die within months. Consequently, no one knows exactly how widespread the problem really is. Where are the homicide detectives,... can it be that, maybe they want to down grade the true number of murders in this "tourist city," by simply not investigation them? Homicide is never there, only a recording, if you do not believe me, try calling for your self. The feds do nothing, because they would then have to admit that, they knew that it has been going on for more than thirty years now, and their involvement has also resulted in "Conspiracy to Commit Murder," in the premature deaths of tens of thousands, here in LAS VEGAS.

In "family court," "un-substancuated accusations" pass as "claims," which are submitted by trained professional attorneys based solely on "inadmissable evidence," and of course, without any witnesses and certainly always without the requirement of Law of two "diagnoses" from doctors.

This "presumption"of the Public Guardian's Office, without evidence, "flies in court." Attorneys are trained in rhetoric, and other vigorous and vicious attacks upon their "unwary opponents" and lay waste to the elderly in a lethal ambush. It is a real live monopoly at work, in that attorneys must be "consulted," and as such, "hired" with respect to a situation, where greedy professional Guardians can wreak havoc on a far larger scale than anyone else. Family courts, are cult "temples of doom" --where words kill!

There really is no protection: as they are Plunged into court "without a life preserver." It does happen, and someday you to will become incapable just the same and there is one thing for sure, it may come quicker than you think. It is a major undertaking, going into court with the always present affiliation with specific fraternal orders and other cults. Surprisingly Medicaid actually offers virtually nothing in the way of home care, why? Why are there no efforts to provide services to those who wish to remain in their homes?

With "insubmitable evidence" such accusations which seem to always convince the judge to act unlawfully. "Temporary Guardianship" somehow automatically always becomes "Permanent."

The Law is an impenetrable thicket, where the courts are a "bottomless pit" where not only the "quality of life" is lost forever, but life itself is taken in a skillfully woven "case," which in any case, is "murder one!" "Bar" Attorneys, as they call themselves, are lazy creatures, who want to handle "boiler plate" approaches, a sort of a prefab, that makes them appear as if they know what they are doing, and then they do not have to do anything except collect the money. There is something more than wrong where they get paid if they fail, and such, the more they fail, the more they make! Get it!

"Public benefit" programs are complicated government programs that are supposed to"assist" you... right? Like the "Social Security" Scam, since no money goes to next of kin upon the death of the "member," I guess it is just too tempting for crooked governments "agents" not to allow this murdering!

One way or another, these "Uncle Sam" groups, pretty much takes control of the finances and their victim's homes are immediately lost, along with everything else, including any wills and other legal documents and the valuables. These stolen documents are the ones that are supposed to allow you to make your own choices, based on your own values and are either ignored by the "judge" or flat out, missing.

The "Committing" to "Guardianships" without permitting them access to their own attorneys and then charging the victim with the bill for the "conspirators'" attorney is a grave crime. The victim then also must pay the Public Guardian's attorney for "time spent on the case," wether they really worked or not,... what a scam!.. What a country! And no matter what, it always escalates to enormous amounts of money. The Biggest scam(s) and scheme(s) the world has ever known, continues to siphon five, six, and seven-figure or greater sums from the bank accounts of the very "clients," they are supposed to be protecting!

Among the vast misdeeds, the Guardian Inc., sells its "client's" houses, and are directly and indirectly participating in intrinsic fraud, embezzlement, and many other crimes involving the estates of hundreds of thousands, of their so called "clients." That siphoning is pure theft, and then the "Public Guardians charges fees for these "services," billing their clients' estates up to $300 an hour or more, for even routine reviewing of bank accounts or records.

There seems to be no shortage of crooks in these scandals and the possibility of "becoming a millionaire overnight," can be irresistible. In the end, they say: "the money is all gone,... sorry."
The wealthy victims are left destitute, just like in Nazi concentration death camps. It is just not the Police Department you may have thought it was.

There are different schemes for the rich and the poor. It involves the profound loss of freedom, and your very dignity, then ultimately your life. So why are these violations not regulated in this state? The court is a "for profit" adventure enterprise, in which for sure, only the money matters.

The Public Guardian Office's elder victims are over-medicated, then require lots of extra care, which of course requires lots more money and they are then corralled into private enterprises' called "convalescent centers," all of this at this point, simply is due to the over-medication and the resulting incapacity. Drugged, and now truly incapacitated, adults are tortured to death as hapless and helpless victims within "the system" and its so-called "protections," not much different from what went on in ancient Babylon, the Roman Empire and Nazi Resigms.

So called "licensed" clinical "social workers," are trained to tell you just what you want to hear, and then do the exact opposite, even their smile it is tainted and only there to deceive.

Public Guardianship always backfires on the victim, leaving them much worse off than before, and they die shortly afterwards. They had no idea of the drama that was unfolding. In essence the courts serve only as a model for crime ... and they always "win" by action of the court, you always "lose" in this biased gamble.

Of Freedom and Murder and the Lethal Prescription­ Statistics are that hundreds of thousands die each year in America from "mis-prescriptions." Often they become very passive, then clinically depressed, then "give up hope," and begin eating more and sleeping too much, with no sunlight, no healthy food, no exercise and so forth to the ultimate end.

These total strangers assume control of the finances, placing the victim in a restrictive home or institution where even "Angels fear to tread." It is something that ought not to be taken lightly. Now, do you want to become a "legal statistic?" They place the elderly -- ostensibly for their own "well-being," as a guise of "best interest" ­ under the "care" of a "professional" thievedom of murder. The Public Guardian, redirects their mail, phone calls, bank accounts and everything else.

Not, no ordinary thief, as who think, your television -looks better in their living room; these guys -take everything... the house... the cars... the valuables... the bank account... your bank numbers... the jewelry... even the phones off the wall... everything, right down to your very address, permanent phone number and ID... not a scrap is left. Judges are too often biased and self-serving. It places the "best interest" decision squarely in the hands of a judge without first according the primary families' own best interests? Need medical treatment(s)... 'go to court," need therapy... "go to court," where a merciless judge alone has the right to decide and there are "no emergencies in the law"... you die waiting! Friends and relatives are refused access, while they drain their life savings away. Why is there no neighborhood outcry? You can hear the cries, over and over always the same: "How can they do this to me under the guise of Public Administration?" Then of course: "This is America,... these things do not happen in America!" Naturally they are perplexed and even angry, with the sudden loss of ones independence and the ensuing endless struggle to "win" it back.

"They are draining us dry," one woman cries while her husband begs on his knees for his life to an uncaring and dis-concerned judge "playing god," just like Nero and Caesar, but their thumbs are always down! The courts do not track the numbers or maintain a database on their own abuses. If they cared to do their job correctly, we would not have this mess in the first place! According to commonly accepted standards, Guardians are supposed to "carry out the wishes, preferences, and values of the ward," but in reality, it is much different and certainly not what was intended by the individual's "last wishes." The Public Administrators/Guardians Office, is sort of undertaker and taker and taker? Ripe with "opportunistic" opportunities for financial exploitation, negligence, and wrongful usurping. You become a grab bag, in this zealous greed.

There are no inventories of the ward's property as required by Law. From the EMT in the ambulance, slipping the rings off, to the police and the Public Guardian's full time stealing of all the valuables in the house, while being protected "under guard" by the corrupt Police Department. It goes on, day in and day out. Guardians who cannot prove that they have adequately cared for the ward, should be removed or put in jail, but not here in LAS VEGAS, they live lavishly without any fear of reprisal.

"Stolen Lives," of the traditional family-- verses the "communist agenda" of "assimilation." Who are these greedy professionals, -- who siphon these large sums from the bank accounts of the very people they are supposed to be "protecting," just like a true vampire, without anyone attempting to stop them by the Law or otherwise? With virtually little or no recourse availably, doctors also have "Licenses' to Kill," which unfortunately they do too well, and have "cart-blanche," basically issued by and protected by "the government."

It is an egregious problem, were flat-out rip-off situations and various means of defrauding of America's elderly run rampant and who then bill their victim.

It is an Absolute free for all!

Where are the recommended changes in state laws and courtroom practices promised? Whatever happened to the lawyers who "zealously" advocate the wishes of their clients. Guardianship and the family court system needs fixing, period. The legislators are too incompetent or complacent to do anything about it. A total overhaul is needed, but reforms remain a joke!

The administrative guardianship system, was brought over from England --our enemy, No Wonder!!!

Family court is a real life stopper. It is insane, it is a pure "institution" of death and destruction. The compete loss of due process right here, right now, quite literally as "to eat out our substance."

Creation of the Guardian and remove all oversight, by letting the courts dictate as the sole provisioner.

See that the ward has lost all rights; maintain "Guardianship" at all costs and keep the family members uninformed; if family members try to become guardian, accuse them of stealing and use the ward's assets for legal fights to retain Guardianship; do not list property with Realtors, and sell Real Estate at half price or less to your "good o' buddies;" hire your own money managers for "financial expertise" and let the manager select investments with a broker who invests in volatile speculative "banking trades" to generate huge profits and commissions; let the money go into investment portfolios of the world's elite crooks and unscrupulous banksters, like Wells Fargo Bank, with their unauthorized trades and sales that they call "investments" while actually paying for perpetual banking fraud; obtain "voluntary" financial guardianship; do not pay the taxes and let wards' home so it will go for taxes or foreclosure; hide away money in the attorney's "pool accounts" or "escrow" for possible "future expenses;" use improper financial reporting and bury brokerage and asset-management fees as aggregate capital losses, and say it is just "due to market fluctuations;" hold an instant "fire sale;" do not classify disbursements separately; file incomplete contents of the safe and safe-deposit box inventories or say nothing at all; establish secret agent contacts to get private information; pay your attorney well and let the attorney bill at full rates, whether they do anything or not and even if the work is done by a paralegal or assistant; forget to file federal tax returns: to ensure there is a refund and then wait till the ward dies and get the check without any fear of oversight; say that there is no money left, so there is no need for an accounting. They are exempt from actions as literally being, "above the law."

The Guardianships are delivering "care" with no certification, what-so-ever. In this unregulated environment, the potential for real abuse is so ever-present. Monitoring of the Administration of Guardian's guardianships remains nil to none. They appoint their own financial agent... there own social workers... there own controlled psychiatrists and on and on. The Guardians record as to rehabilitation at absolute zero, everyone is killed "on time," no on survives. There is no doubt that the very system that is supposed to be protecting them really ends up abusing them.

The Feds generally are reluctant to recognize any "Official Corruption" since if they did, they would not only have to act on it, but they would also have to admit that, they knew it was going on for more than thirty years now and obviously as such, they are condoning this activity! They are supposed to be protecting you, but they are protecting only themselves, you are not protected at all." We fought communism, just to find this stuff right here, and right out of the gestapo handbook.

They drug the victims rather than treatment for the illness as Negligence Extraordinare? The underlying ailments are not treated and pschotropic drugs are exchanged for the needed medicine. The "Nursing Home Inspection System" is corrupted. It is becoming more and more apparent that the survey and certification process, is also seriously corrupted. State inspectors understate the existence of serious "quality-of-care problems" like substandard care and questionable business practice(s).

Surveyors state that complaints are rarely interviewed thoroughly and the survey process itself, upon which we rely for accurate, objective and independent data, has been corrupted and we need to restore the integrity of the system if possible. The "assisted living facilities" are also "seriously corrupted," with state inspectors pressured to overlook or downplay problems.

Inspectors are "routinely instructed" to downgrade or ignore violations and told to rewrite their reports so the facilities' coming out looking better than they really are.

The system is broken.

Sort of like the Consumer's Affairs' Dept., a complete fiasco or the Governors Office as a just "nothing good, going on" at all. They just plain are not going to do anything, except for themselves. Tainted by the fact, that the judge "acts," ban the families "power of attorney" and other proper protections and documents as they condone the rampant stealing sprees!

The family is not allowed to be present when police or the Public Guardian is inside the home and they will be arrested if they ask questions or appear to be investigating. It is up to you, the reader to do something. One solution is to allow state regulation inspectors to anonymously report problems such as political acts of pressure, data manipulation, "Official Corruption" and so forth. Facilities with bad track records must be watched carefully. Where are the long called for changes in the industry, promised so long ago? Appropriate action to improve the quality of nursing home care must be followed.

If the Public Administer and Guardian does not do their jobs, then who is there to protect the ward from the Public Guardian? There is no doubt that an independent audit of the entire Administration is severely needed and immediately.

SUMMARY OF PA. "WARD OF THE STATE"


SUMMARY OF (UNLAWFUL) GUARDIANSHIP OF THE PERSON AND ESTATE OF GRACE CONNORS BY THE (LUZERNE COUNTY) PENNA. STATE DEPT. OF AGING


BACKGROUND: Mary Connors is designated DPOA(Durable Power of Attorney) Sept. 1990 by principal, Grace Connors, her mother. Mary is only surviving daughter. Principal has never revoked DPOA. Grace’s (family) home is 318 Philadelphia Ave., West Pittston, Pa.

Mary takes her mother to her residence in Ca. (from family home in Pa.) to care for her due to diminished health and mental functioning. Grace has one on one care in Mary’s home for over 9 mos.

Grace attends some day programs. She significantly improves. June 2001 Grace is temporarily(6 to 10 wks) placed in small private board and care home until Mary can relocate and bring Grace back into her home.

6-2001-Three people successfully conspire in abduction, theft, embezzlement _agenda was to steal all property, assets, money from both Mary and Grace Connors. The co-trustee Kareen Maskell, of Mary Connors’ inheritance acct.($160,000), the dismissed p/t live-in asst. caregiver for Grace, Tom Chase,(both in Ca.) and Judith Kittrick(in Pa.) adopted niece/cousin of Grace and Mary C. _ 3 conspirators.

8-7-01- J. Kittrick procures false POA thru K. Maskell from a disbarred atty. in Ca.; mailed to Kittrick in Pa.; Luzerne Co. Recorder of Deeds wrongfully files this non-notarized false document.

8-9-01- Grace is deceptively taken from Alzheimer’s Day Club in Santa Rosa, Ca. and flown with T. Chase to J. Kittrick’s farmhouse in Noxen, Pa. and then the bank. False POA is used to (abduct) take Grace to Pa. where Kittrick takes her to the joint bank acct. of Grace and Mary C. and restrains Mary C. from her own joint acct. Kittrick then closes the acct. and transfers all money to her new joint acct. with Grace. Mary C. calls Luz. Co. Area Agency on Aging/Adult Protective Services(APS) in Pa. from Ca. to request help for her mother.

8-20-01-Grace is dropped off at W. Pittston neighbor’s to visit. She writes note for help to get away from Kittrick and Chase. Note is turned over to W. Pittston Police, who forward it to APS.

8-21-01- APS requests Kittrick to bring Grace to their office and then takes dominion over her, placing her in Riverview Ridge PC Facility(corporate owned).

Mary C. arrives from Ca. 2 days later Kittrick has taken Grace’s car and re-keyed her home so Mary cannot get in. She takes about $8,000 worth of personal property from Grace’s home.

Mary stayed in motel & rented car for a mo. All actions by Kittrick are perpetrated thru false POA and bogus note signed by a PsyD(non-licensed) psychologist which states that Mary C. is suicidal, homicidal, etc. Kittrick attempts to sell Grace’s house. Neighbors in W. Pittston report these actions to local police. The 3 conspirators tell APS, “Mary C. abused & exploited her mother”. (verifiable documentation, witness demonstrate no truth in those accusations) APS never charges Mary with wrongdoing _so Mary cannot defend against slander. Mary C. is told her mother cannot leave PC facility due to protective custody and APS does not disclose Grace’s location and only allows “supervised visitation” in APS office. (APS did not obtain 72hr. emergency court order and therefore had NO LEGAL RIGHT TO ANY PROTECTIVE CUSTODY_ GRACE ASKED FOR HELP THEREFORE COULD TERMINATE HELP_ not known til too late) COURT HISTORY:

1) 10-12-01- Mary’s Pa. atty. files Petition for Special Relief in Luz. Co. Orphan’s(probate) court to address dueling POA’s and formally invalidate Kittrick’s false POA

2) 11-2-01- Rule returnable to give APS due process time(20 days) to respond.

3) 10-26-01- APS files for Emergency Temporary Guardianship of the Person & Estate of Grace Mary C. receives notice 10-30-01. Court allows APS 11-2-01 hearing. Mary has only 3 days notice.

4) 11-2-01- No hearing. Only conference in chambers, where APS is granted EmerGuardianship Results: restrictions continued; no uncensored written or verbal communication, no privacy, no unsupervised visitation, 1 visit per wk., Mary’s atty. makes no objection and does not tell her she can appeal order.($5000.00 lost to atty.) Guardian Ad Litem from NEPA Legal Services, Petrillo supposedly represents Grace. Never spoke with her. No mention of theft from her home or $15,800.00 embezzled from her bank acct. by Kittrick. (APS and Guardian Ad Litem suppress felony crimes)

5) 2-02- Mary hires new atty. Lumbis.

6) 3-21-02- Judicial review conference to address false POA. Results: Now restricted, supervised visits are court ordered; until ‘review’, they were not.

7) 4-18-02- Petition for Independent Medical Exam. Atty. wrote and charged Mary C. but never submitted it to court(later learned _judge told him not to_ that Grace already had Indep. med. exam) Grace was never allowed to see anyone,(MD included) not chosen by APS. She has been denied specialized med care to improve her condition the entire 4 yrs. she’s been locked up. She was a “forced private pay”, after requesting numerous times to “go home”.

8) 6-5-02- Judge invalidates false POA.

9) 7-23-02_Court orders Mary C. Kittrick and Maskell to produce past 5 yrs. of financial records relating to Grace C. Kittrick withholds bank records demonstrating the withdrawal of $15, 800.00 stolen funds from Grace C. acct. Lumbis and Guard Ad Litem make no objection to non-compliance. Lumbis does not file 'contempt complaint' against Kittrick.

10) 7-30-02_ Mary C. had petitioned the court for (a.)"order to show cause why Family Services(contract agency to APS) should not be removed as temporary guardian" __ returnable 7-30-02. Testimony of Mary C. not refutable. Testimony of guardian included slanderous and refutable statements relative to Grace and Mary Connors. Court elevates emergency guardian's testimony to "expert opinion". Lumbis does not call witness(present in courtroom) to refute guardian's testimony. Outcome: No evidence has been presented to disqualify Mary C. which is required by Pa. 5604 to appoint a guardian other than DPOA. NO RULING IS GIVEN. APS gets 20 days to get disqual evidence

11) 1-03- No ruling ever made. Mary requests contempt complaint on Kittrick and Habeas Corpus. Lumbis tells her come back next wk. to sign. Upon return Lumbis says: “no need for either _judge said he will rule on record as it is. Mary protests.

12) 2-11-03- Court date set anyway. Mary dismisses Lumbis that day in court. Judge rules agency is permanent guardian until further notice of this court. Order states: video, audio taping, vitamins are forbidden re: visitation with Grace.

13) 4-3-03- Summary Judgment for foreclosure on Grace’s home granted. Guardian ad litem did not object.

14) 4-29-03- Show cause hearing _for all property of Grace’s, home, etc. to be sold for her care. Mary C. brings Chap 13 Bankruptcy filed in behalf of Grace C. thru her DPOA to hearing. Stops order to sell personal property in home.

15) Mary C. stays in bankruptcy for 2 yrs. and delays above personal property sale and Sheriff Sale of Grace’s(family) home.

16) 11-12-03 - Mary verbally protests a psychiatric exam issue at her guarded visit appt. and is told to leave and never come back or police will be called. Three employees say that she accosted a nurse. Mary has not seen her mother since that date. Grace’s granddaughter is allowed only office visits (supervised) in the Nursing Facility. She cannot even bring bottled water to Grace.

17) 12-04- Mary’s dismissed from bankruptcy court with prejudice_ sent back to state court. Guardian petitioned for Grace’s bankruptcy dismissal by “revoking Mary’s DPOA“ (under color of Pa.5406). Mary had upcoming adversary complaint filed to address theft, fraud, void guardianship order. Pro per litigant in bankruptcy and since 2-03

18) Mary cannot file for bankruptcy in behalf of Grace unless she has permission from the state Orphan’s court.

19) 6-3-05- Grace C. Phila Ave. home was sold at Sheriff’s sale. Lehman Capital bought for cost and taxes. $5000.00.

20) Mary filed petition to open & strike judgment and set aside Sheriff’s Sale. Rule to Show Cause returnable 8-29-05. ** Foreclosure due to “reverse Mortgage” stipulation of borrower maintaining house as principal residence. Due to involuntary institutionalization(8-22-01 to present) assignee(of mortgage) called loan due. Loan was fraudulently represented as non-interest HUD loan, payable after Grace’s death. She got lump sum loan of $42,000.00

21) 7-1-05- Mary filed Lis Pendens in state court case and Recorder of Deeds, Luzerne Co. ADDITIONAL IMPORTANT FACTORS 9-25-03- Mary filed UCC lien on Grace which names Phila. Ave. homestead as collateral for debt. 4-3-03- State court foreclosure order on Phila. Ave. home. Proof of Service was falsified in court record. It was mailed to Maskell’s address but to Mary C. name. 2003- Mary C. sends Pa. Dept. of Aging request for formal hearing and lists alleged violations of Luz. Co. APS. She receives written refusal and statement that: Dept. investigated Luz. Co. APS actions and all are proper. * Fed. govt. abdicates responsibility for enforcing its requirements for state funding to Pa. Dept. of Aging. CAUSE FOR CONTINUED, INCREASED INTOLERABLE, EXPLOITIVE, ABUSIVE VIOLATIONS BY STATE DEPTS OF WELFARE( APS, CPS, etc.)

QUESTIONS

1. What can I do to gain remedy to unlawful guardianship? Petition Orphan’s Court for what ? Appears that no final order on alleged permanent guardianship was given at Orphan’s (probate) court; Mary C. went to Fed Bankruptcy and never returned to Orphan’s Court. (refer to # 12 above) The probate judge(who destroyed us) has recently been removed to criminal court by Pres. Judge.

2. Do I Petition orphan’s court to challenge alleged “revocation”? and/or charge guardian with fiduciary malfeasance/wrong doing ? Guardian allegedly revoked Mary C.’s DPOA; in 2003 and again in 2004. (Refer to # 17 above) Guardian falsified “annual guardian report 2002” _stating: * Grace was removed from 318 Phila. Ave., * Grace is happy and does not want to leave facility, facility care is best( yet she’s denied “one on one” care she paid for in LTC policy and specialized med care) (refer to #10 above) Guardian acted with fiduciary malfeasance: *suppressed felony crimes, denied remedy/recovery from crimes, embezzlement, theft, abduction and caused loss of home and loss of assets.

3. How do I stop (police state)sheriff’s action from removing me from Phila Ave. ?

* Do I file for Chap 13 bankruptcy myself as tenant of Phila. Ave ?

* Do I file complaint for violation of Fair Debt Collection Practices Act, sec. 1692 in Fed. District Court. I had to file Petit to Set Aside Sale of Property in state court; can I overcome abstention doctrines ?

* How can I stop State court hearing on Rule to Show Cause(8-29-05) from dismissal and possible/probable Writ of Possession ? VIOLATIONS OF LAW & CODE American Constitution, Title 18 USC, Title 42 USC, 42 CFR, Pa. Code, ADA(American Disabilities Act), Fair Debt Collection Practices, Professional Guardianship Standards, etc.

Mary Connors callyfire@hlow3.net 570-654-8190

THIS IS A REQUEST AND A CHALLENGE SINCE:

There is absolutely no interest in assistance to stop this practice of abuse, exploitation. The records of such cases: no one gets out of such guardianships alive. The set up is solid and rarely defeated. I can fill in all the facts of WHY. I am enclosing Guardianship Recipe/Stratagem which I wrote from my own experience and it accurately parallels the Terri Schiavo case(was completely recreated, distorted by mainstream media_ deliberately) This predatory scam will not work if citizens are informed. Therefore mainstream media will continue to suppress, distort and lie about “a fully operational machine to harvest the fruits of a lifetime of labor from honest American citizens”. EVEN THOUGH THE PROFITEERS(STATE, ATTYS, NURSING FACILITY CORPORATIONS, ETC.) ARE SALIVATING FOR THE BABY BOOMER GENERATION; NO HELP IS AVAILABLE.

I have spoken to victims’ families all over the country. It is epidemic.

STILL NO ADVICE, STRATEGY, REMEDY, PREVENTION IS EVER OFFERED OR ANYTHING BUT DISCOURAGEMENT AND ATTYS STATE THAT I (and others) HAVE NO STANDING, NO RIGHTS, NO NOTHING. No “contingency assistance nor representation” is a possibility. (supposedly guardianship itself, state immunity, etc. are reasons). The probate attys and judges have a term for probate court_ “the candy store”, of course, no one else is privy to such terms.

GUARDIANSHIP: A PREDATORIAL PRACTICE


GOVERNMENT and JUDICIALLY APPROVED STRATAGEM (RECIPE) FOR ABUSE and EXPLOITATION OF THE ELDERLY AND DISABLED_ A PREDATORY PRACTICE

GUARDIANSHIP Note:

The author is not stating these abuses occur in every court in the US; yet, these cases are actually very common. It is not necessary to be under guardianship to be victimized by abusive authority; guardianship is simply the most effective, efficient, common vehicle to attain the profiteering goal. Human rights and judicial violations are the means.

1.) PREDATORS CIRCLE- can be: govt. agencies, APS(Adult Protection Services) and their contract agencies, County Area Agency on Aging, State Dept. of Aging, social workers, nursing facility corporations, care providers, care givers, law enforcement, attorneys(including guardian ad litem), courts(judges, court reporters), and their associates, such as medical doctor, psychiatrist, other professionals or greedy family members/in-laws. Litigation is the slaughterhouse. The predators co-operate(collude) with each other for mutual benefit: financial gain, real estate, Fed. funding stream, favors, job security, political agenda, etc.

2.) PREY(TARGETED WARD and ADVOCATE) - elders and disabled who are victims of crime, accident, friendly neighbor’s call to APS(Adult Protective Services), family disagreement that’s litigated, health crisis, family crisis, any event that results in litigation; you can be advised, intimidated into believing _you need a lawyer, hence, litigation. Also, targeted: elder property owner(especially if property is wanted by state/corporation or connected others), widows_ more common targets than male elders, those with small families_ especially living out of state, no doctors/attorneys in immediate family. The target has something of value _ financial, real estate, political(funding stream, precedent case, etc.) to be gained by the predators_ the “takings”. Targeted ward and family advocate do not need to be rich; assets of some kind between $100,000 and millions of $$ are sufficient.

3.) Unbeknownst to you, you are rapidly encircled by “predators” before the guardianship is granted which guarantees the guardianship outcome without accountability. The circle is like strangulation; you are very unlikely to get out; you are completely surrounded by the predators which includes your own attorney and/or appointed guardian ad litem ( Bar attorneys first allegiance, generally, is to the court; not their client; its “job security”, etc.)

4.) If you are daughter or anyone acting in behalf, defense of the targeted ward; have a DPOA(Durable Power of Attorney); are legitimately entitled to information, etc.;__ YOU ARE AN OBSTACLE TO THE STRATAGEM. You will be demonized; accused of the exploitation the predators are perpetrating or the criminal actions of those who victimized you. Accusations of mental illness(ordered to get psychological testing from predator’s associate_ fairly common tactic); drug addiction, etc.; no proof is necessary. Maybe the (covered)criminal will testify against you. You are not charged with anything; therefore you have no right to face your accuser and get evidence in your defense. Accusations are made off the court record, in the court hallway. Remember; it is a kangaroo court proceeding. The judge makes the decisions, issues the orders and ignores the laws with impunity and no remedy. Elders are ‘expected’ to get ill and die, hence; this stratagem has been practiced on them for years. Death_ Terri style is without a court order; no public exposure; disabled now publicly initiated.

5.) APS(Adult Protective Services) are often one entity in the circle of predators

6.) Intimidation and deception are always tools of the predator’s trade.

7.) The “circle of predators“, usually thru intimidation, makes sure (while treating you as a criminal), there are no witnesses; no written, verbal, uncensored communication; demands severe unnecessary restrictions; refuses to write them down(avoid any possibility of proof of abuse and liability), such as, no visitors; only one visitor at a time, no video cameras; telephone access, audio recorders, no vitamins, nothing from home. Family may be allowed “supervised visits”. The targeted ward’s assets will pay for the “visit supervisor’s” time. Family/advocate needs no record of abuse whatsoever; no verifiable evidence of abuse; you may even have proof of good care giving (obstacle to predators recipe), which will never be entered into the court record. Supervision is required without cause_ part of demonizing process.

8.) The targeted “ward” and later declared “ward” is denied specialized medical treatment even when she can pay for it herself. She is denied contact with medical professionals outside of the predators’ circle, of associates. She is not supposed to improve; that is an obstacle to squeezing every penny(possible benefit)from the ward and avoiding any possibility of liability. No independent medical evaluation is allowed though law requires it. The predators’ doctor examines the targeted ward and that is her ‘independent med evaluation’. The ward is expected to be and almost always is_ a ward until death. The ward is sentenced to enforced health decline. The family has NO SAY AT ALL. If the ward is dying, the family member( “obstacle” to predator’s profit) is often not told. THE GUARDIAN OWNS THE WARD and the fruits of her and her husbands lifetime of labor. Wards (not humans) are owned as a result of JUDICIAL IMMUNITY, NO ACCOUNTABILITY, POSSIBLE REMEDY A FACADE, just as in the Terri Schlindler display of corruption, major media disinformation and murder.

9.) Deception and no honest exposure; two essential keys of success.( media will not print the real story if they print anything at all). Notice; most people think Terri’s case is uncommon, a right to die case, not a corrupted guardianship case; if truthfully exposed, the supply of prey would diminish.

10.) Felony crimes committed against you are suppressed, covered up, authorities will not prosecute the crimes against you because the predators are likely to use alleged criminal against you as witness(es), etc. The acknowledgment of crime might be obstacle to gaining guardianship over the targeted ward, which is the lock down of the “takings”. Any and all ‘obstacles’ are removed with no regard for laws, crimes, human rights, abuse and exploitation. Obstruction of justice is a predator specialty. No law enforcement, remedy, recovery from the crimes committed against you_ allowed.

11.) An “emergency temporary plenary guardianship of the person and estate” may be granted to one of the PREDATORS without a hearing, in the judges chambers. Your lawyer will play dumb or fabricate an explanation_ “it’s just temporary until things can be investigated....(its normal)”. NO ! It is the initial stage of OWNERSHIP (GUARDIANSHIP) of the “ward” and the beginning of HELL.

12.) The ward’s mail, finances, health care or lack, complete existence is taken over by the emergency temporary guardian/permanent guardian. Her family advocate, will be allowed no information at all. Family advocate becomes non-existent. The ward has no family, for all practical purposes. If family makes a complaint about the facility; they are not allowed to know the results, etc.; all information goes to the guardian. Family has rights_ on paper; in reality, must know them; your attorney probably won’t tell you. When you exercise them, you will be considered angry, aggressive or something equally negative. Sometimes you are punished and can never see your beloved ‘ward’ again.

13.) If family seeks help thru govt. agencies, state govt., federal govt., legislative representatives_ you will get a run around, shut down, and told to leave. The more grievous the violations, the more of a closed door, ‘get out’ reaction you get.(the greater the wrong committed toward you; the more impossible to get any help) No state grievance process exists except a facade on paper.

14.) Most attorneys seem to equate “guardianship” cases with leprosy_ untouchable. If you have $20,000 or more remaining, an attorney may take your case; that has nothing to do with the outcome. Contingency does not exist for guardianship. Public interest law groups will not ‘touch’ it.

15.) Your attorney does not make a good record for appeal since he must be favorable to the probate judge. If you can still afford an attorney, you are most likely to appeal and lose. If you can’t; you can try to find remedy as a “pro per” litigant. I have been more successful learning from experienced “pro per” litigants and representing my self. The State Supreme Courts: Pa., Fl., Nev., Ma., Ore., Va. and more; have a negative reputation; are not known for “upholding the rule of law”.

16.) If you try federal court, bankruptcy court(both fed), you may delay some of the confiscation of property. Remedy is unlikely; exposing corruption in high (govt.) places is taboo. Then the excuse of “abstention doctrines” (abstention doctrines are not in the Constitution) covers for the “taboo”. Federal courts do not take jurisdiction of cases litigated in state court, if the outcome would trump a state court decision, even in matters of Constitutional violations. It is possible to get past the abstention doctrines, though much more likely; no remedy, as seen in Terri’s case.

17.) The ward and advocating family member pay for your own involuntary institutionalization, abuse and exploitation. After the guardianship is permanent, involuntary institutionalization may be paid by Medicare fraud; the predators want as much as possible of the “takings” to divvy among themselves.

18.) This “war” goes on for years if you persist toward remedy. Your health is negatively effected from the constant stress and you have difficulty functioning as well as you did before HELL, which compounds the stress. Depression, anxiety, ulcers, cancer, or other chronic illnesses affect the ward and family. Your financial losses are not recovered and you can easily become totally broke. A great deal of time is required for “pro per” litigation. Your family relations are difficult or shredded, due to abuse, loss, despair, extreme disillusionment, etc. This recipe is from my experience and many others; life changing .

19.) The ward( your mother, daughter, family member) is held hostage while you spend most of your time and resources attempting to free her/him.

20.) If you cannot free the ward, when she/he is no longer a profit producer(about the time limited medical treatment produces diminished health/illness) she/he will have a “duty to die”. First, no food or water, when organs start to fail, some morphine, which hastens death by reducing respiration.

“The above stratagem without truthful media exposure is silencing of the lambs”.

Note: Without forewarning of this entire stratagem; the predators almost always succeed; family and the ‘ward’ pay, as victim(s) of crime and corruption with unimaginable loss, abuse and exploitation without remedy_ an epidemic practice.

EPIDEMIC GUARDIANSHIP HORRORS

I'm sending a copy of this letter to the LA Times, NGA Executive Director, etc. You can forward it to the list of guardianship victims. 318 Philadelphia Avenue W. Pittston, PA 18643 December 10, 2005 Laury Gelardi, Executive Director National Guardianship Association 1604 North Country Clug Road Tucson, AZ 85716-3102

Dear Ms. Gelardi: I am writing to your organization now due to the article in the LA Times and your organization's response. I called about 2 yrs. ago but did not follow up with any written communication. The NGA has written 'standards' and 'ethics' which demonstrate the purpose and goals of guardianship. Most would then assume that the membership of Registered Guardians would follow those guidelines. When I called previously, I was told there was no mechanism to require accountability of the member Registered Guardians. Two years later, it is my hope and expectation that you have been able to structure a mechanism which insures accountability regarding those who are listed as Registered and/or Master Guardians.

As you well know; guardianship is the only approved mechanism for denying all choice(s), rights, possessions, finances and contacts(including family) to the 'ward' other than the prison system which is supposed to deal with criminal activity. It is the single, most powerful force existing to deny/overcome all God-given, Constitutionally protected human rights of law abiding citizens. Your organization can require accountability of its members by examining complaints and requiring members to actually follow both your 'standards of practice' and 'code of ethics' or members should be removed from your membership listing.

Since human beings are fallible and guardianship grants just about unlimited power over other human beings who become "wards"; accountability must be a priority. Abdicating responsibility soley to the discretion of the courts does not demonstrate a serious priority; nor committment to guardianship as a protective force rather than an abusive, exploitive force. If guardianship was not so inherently overreaching financially, it may not need a sufficient number of sources requiring accountability. Until the horrific damages and injuries from wrongful, illegally obtained guardianships actually become rare and/or non existent, the mechanisms for accountability must increase and your organization is primed for that task.

Personally I have a very serious complaint to file with your organization concerning one of your registered members. I also have verifiable evidence of wrongdoing; actions by a registered guardian that are in direct violation of both your standards and ethics. The actions taken by her have been nothing less than abusive and exploitive. The only persons who have benefited are those who wrongfully obtained, practically speaking, 'ownership'/guardianship of my mother.

The alleged guardianship was obtained by suppressing felony crimes and in fact colluding with the perpetrators and fabricating an adversarial relationship between my mother and myself.

This alleged guardian allowed the three perpetrators to keep the money embezzled from my mother's bank account; ignored my bonafide(DPOA)Durable Power of Attorney and then purported to "revoke my DPOA". Of course, there is usually a court, attorneys, sometimes careproviders, corporate nursing facilities who cooperate with each other to share some form of benefit to themselves at the expense and injury of the so-called ward. For that reason alone, it would be very difficult or impossible to have "too much accountability based on verifiable evidence".

Please demonstrate a congruence of both word and action by making accountability to NGA's "Standards of Practice" and "Code of Ethics" a priority. Without such a priority, a mechanism for enforcing accountability, NGA's praise of the LA Times article is empty and less than worthless, so is NGA's Standards of Practice and Code of Ethics. What I mean by "less than worthless" is: "by creating the appearance of an organization that represents a quality of guardianship adhered to by your membership; NGA strongly suggests that a safe, protective and beneficial guardianship practice is to be expected at least by registered guardians'. It is more harmful to create a false appearance, act as a decoy and steer the the public away from the horror of too many actual guardianship practices.

In fact, the epidemic of abusive, exploitive guardianships across the country has nearly reached 'critical mass' proportions. I will submit my complaint against the registered NGA member in a separate letter. The definition of "victims of guardianship" includes family members and others advocating for the rights and good care of elders, who have been villified by hearsay and the "wards" who have been isolated from those very people that have verifiably acted in the elder's best interest.

Please respond within 5 days to this inquiry and above statements which are made from my own experience as well as the experience of other "victims of guardianship" across the country who have shared their experience with me.

I will forward a copy of this letter to the LA Times in hope of a meaningful and verifiable response.

Sincerely, Mary Connors