News Article on Wrongful State Guardianship
Woman: Mom’s wishes ignored
Daughter questions guardian change by judge
By JENNIFER LEARN-ANDES firstname.lastname@example.org
Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.
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.)
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 email@example.com 570-654-8190