From Atty Barbara Stone–her information and Notice of Appeal

Subject: Notice of Appeal
Date: Feb 5, 2015 10:55 PM
Notice of Appeal attached.
Thanks to the press and radio shows who have hosted me to expose the vicious and massive financial fraud and brutal abuse of my elderly defenseless mother.  I and other victims of this unspeakable horror and available to meet as a group or individually and your inquiries are welcome.  My mother is under the control of adult predators who are caging, isolating, mercilessly drugging my mother with psychotropic drugs that have black box warnings, who have forcibly removed her from her home and forcibly restraining her in a lock down nursing home warehouse so they can operate their scam in secrecy.
These body snatchers and adult predators must be exposed. They are savages, terrorists and thugs using a guise of “guardianship”  and a scam racketeer court  to perpetuate a string of crimes.
A copy of the mounds and volumes of fraudulent bills of these predators is available on request.  These thugs are embezzling my mother’s assets as they restrain her in a vile nursing home that is nothing more than a medicare scam operation. They systemically cut open the stomach of elderly disabled adults like my mother to implant a feeding tube that they lace with drugs to keep them incoherent all the while using the very same predator aide cohorts who caused her to be emergency admitted to the hospital to terrorize my mother and keep her isolated in a wheelchair.
This is the cast of miscreants who have snatched my mother into this terrorist organization:
 1. Jacqueline Hertz has been engaged in this terrorist criminal scam for years  – targeting and preying on vulnerable adults to steal their assets.
Jacqueline Hertz is so brazen that she has added herself as a beneficiary to the fraudulent documents she conjures up.  She has a real estate license and sells the homes of the vulnerable adults from under them. She takes out reverse mortgages, home equity loans, sells their property for a pittance of its value to her cohorts.  Nothing stands in the way of her defrauding the vulnerable adults she controls.
In my mother’s case, she conjured up a fabricated petition accusing me of authorizing “unauthorized” medication after her sleazy aides administered miralax to my mother.  In “guardian-speak” miralax is the drug of choice that they use to start their drugging regime.  For you see, miralax is known as a laxative to the unsuspecting public but it is really a dangerous drug that is contraindicated for seniors as it causes “agitation” and can shut down the kidneys and the heart.  It was pulled off the shelf by the FDA.  Jacqueline Hertz then uses the agitation that she herself causes by forcing elderly adults to ingest this deadly drug to conjure up an accusation against a family member that they “agitate” their loved one so she can trump up a fraudulent petition to obtain a fraudulent “isolation”  orders isolating her prey.  This is a vital step in her march to drain the assets of her prey and subject them to unimaginable abuse in secrecy.
She then uses the agitation that she herself caused as an excuse to give these vulnerable seniors even more dangerous drugs such as rispiradol and Haldol and seraquel to make them incoherent.  Jacqueline Hertz has caused the death and torture of untold defenseless adults.  She is a black widow operating as a guardian.
2. Blaire Lapides is Jacqueline Hertz’s cohort in this vicious scam of extortion of my mother. Blaire Lapides is my mother’s nightmare version of Nurse Rachett –  Blaire Lapides paid herself over $50,000 to isolate my mother from the world.  Blaire Lapides has taken possession of my mother’s assets and in collusion with Alan Stone is draining my mother’s life savings. She gave my mother fake glasses after her sleazy aide brought my mother’s glasses and caused her to headaches for months. Nothing is too deranged for her.   Blaire Lapides works for Junior Achievement in Broward and handles their grant funds.  Go figure?  Wonder where those funds go…..
3. Roy Lustig has been found guilty of crimes by the 3rd DCA – fraud on the court, perjury and repeatedly lying under oath.  He is an adult predator and like a child molester should be barred from involvement with elderly adults.  His fraudulent bills are the
4. Alan Stone has embezzled over $625,000 from my mother.  He was fired from one of his many financial firms for forging client documents and from a second firm after he embezzled my mother’s assets via a series of secretive wire transfers and forged checks.
5. Linda Tennant Blest Weitz Stone is a stockbroker with Merrill Lynch.  She was also fired by the same firm when she colluded with Alan Stone in his forgery.  She is colluding with him in his embezzlement scam and the vicious abuse which my mother is suffering.
6. Mark Raymond is an attorney with Broad and Cassel. He devised and  orchestrated an illegal agreement that stripped my mother of all of her civil and human rights and liberties and in collusion with Alan Stone threw my mother into into this vicious pit of terrorists in order to extort over $187,000 in legal fees.
These are the diabolical fraudsters that Michael Genden, the miscreant judge placed in control of my mother
Michael Genden is an arrogant bully who has a beef with me because I have repeatedly objected to the illegal agreement and these thugs who are terrorizing my mother.  For some reason, he has taken personal offense to my objection to this illegal agreement pursuant to which he drains my mother’s assets and empowers these creatures to beat, drug, restrain and commit unspeakable abuse against my mother.  He have never seen my mother.  His court does not have even an iota of a pretense of addressing my mother’s wellbeing.  It is used to order the draining of her assets and where he and Roy Lustig ex parte to commit vile malicious acts of retaliation against me.
I have not been able to see my elderly mother in  9 months because these savages are determined to deprive my mother of her daughter because I have exposed their  criminal operation.  More important and more devastating my mother is being denied her wishes to see her daughter.  She is being forced by Michael Genden to pay these miscreants to abuse her.  These are not garden variety thugs.  They are committing crimes against humanity. .
It is imperative to bring into the light and  expose to the public the filthy dirty secrets of the probate court that uses guardianship as a code word for an extortion enterprise.
Congratulations to Adam Walser of the I-team who won the prestigious Albert DuPont award in journalism for his extraordinary coverage of this special victim’s crime that is the rampant crime of the decade.
Eliot, Attorney Schwager and Atty Denison, please post and virally distribute.
Thank you,
Barbara Stone
212.994.5482
the notice of appeal is below
IN THE DISTRICT COURT OF APPEAL OF FLORIDA, THIRD DISTRICT

Third DCA Case No:  _____________
Lower Tribunal Case No: 12-4330
Expedited Appeal.
BARBARA STONE
Appellant
v
JACQUELINE HERTZ AND BLAIRE LAPIDES
Appellees
APPELLANT’S EMERGENCY MOTION TO EXPEDITE
APPELLANT’S APPEAL
AND FOR EN BANC REVIEW

Appellant hereby moves this honorable Court to expedite this appeal on the following grounds:

1)    Appellant wishes to make clear to this Court the wanton, willful, contemptuous, reckless abuse and cruelty to which her mother has been subjected by Judge Michael Genden.  She was deprived food, medical care and attention, chemically restrained and emergency admitted to the hospital on December 9, 2013 with malnutrition, dehydration, failure to thrive, contusions, fractures, infection, hernia and other life threatening conditions all under Jacqueline Hertz, Blaire Lapides and aides provided by them and Judge Michael Genden who handed back reports of the aggravated abuse right back to the abusers (hereinafter “tortfeasors”).
2)    The Notice of life threatening danger to Appellant’s mother sets forth this wrongdoing and the current life endangering conditions of Appellant’s mother, to wit:

a)    She is being chemically restrained with psychotropic drugs with black box   warnings (an example is shown in Exhibit A) and the FDA has contraindicated for anyone over 60 years of age. Further, these drugs are being administered involuntarily in violation of Florida Statutes 394 and violate 458.331- Regulation of Professions and Occupations, the relevant sections of which is set forth as Exhibit B.

a)    Appellant’s mother has a red inflamed sore that is infected and blistered on her face.  This could be shingles, some other infectious disease or bed sores.  These conditions are very painful and can be deadly and can quickly spread

b)    This condition is also extremely dangerous.  She needs to be in the hospital immediately to have her looked at by specialists

c)    Appellant’s mother stomach is grossly extended and this could be a tumor or encopresis which could be deadly conditions.  Appellant’s mother is not being properly fed, she being fed by a feeding tube although she can eat, is being denied the pleasure of chewing and enjoying food by mouth and the feeding tube is used to ingest her with drugs.

d)    Appellant’s mother is being restrained in a wheelchair where she is forced to sit although she can walk, she is not permitted to walk and is being denied rehabilitation and exercise

e)      These life threatening conditions can only be detected by an MRI or body scan and Appellant’s mother needs to be taken to the hospital for treatment by a medical specialist and testing with the needed hospital equipment.
a)    Michael Genden has knowingly and maliciously endangered Appellant’s mother.   Appellant’s mother is being caged, chemically restrained, isolated, removed from Appellant, forcibly removed from her home, restrained in a facility against her will and drugged with psychotropic drugs that carry a black box warning that they are not to be used on an individual at her age and condition.
b)    Mrs. Helen Stone has repeatedly stated to caregivers, visitors and anyone who will hear, she wants to go home, she wants her daughter by her side and she wants to have her daughter care for her. These are her inalienable human and civil rights and liberties with which the state must not interfere.
c)    It is abundantly obvious that Michael Genden views Appellant’s mother as a source of unlimited revenue for the predators he installs as their captors.
d)    There is not even a pretense that he has an iota of interest regarding Appellant’s mother’s wellbeing.  He has never even seen Appellant’s mother and denied hearing and investigating rampant reports of abuse.  He repeatedly hands all reports of abuse back to the abusers rather than appoint an honest, independent investigation of the issues.  It is clear this judge is attempting to covering up the abuse.  Moreover he viciously retaliates against Appellant when she reports the abuse.
e)    Michael Genden has ordered the draining of approximately $700,000 from Appellant’s mother’s assets to abet the staged, fraudulent litigation by these miscreants.
f)    Michael Genden has failed to request these miscreants to marshal over $625,000 in assets embezzled by Alan Stone and return them to Appellant’s mother’s account.
g)    Michael Genden is a clear and present danger to Appellant’s mother.
h)    Because Appellant’s mother is elderly and frail and because Michael Genden is isolating Appellant’s mother and endangering her life, this matter is urgent and exigent and Appellant seeks an expedited review.
i)    Michael Genden has a pattern and practice of abuse, aggravated abuse and exploitation of elderly disabled adults in the case at hand and in other probate cases.  Michael Genden has terrorized Appellant and other concerned family members in other cases who have reported abuse in his court. Appellant has been contacted by family members

of his numerous other victims whose rights have been viciously assaulted in his court and are so fearful of further retaliation that they seek anonymity.
j)    One of Michael Genden’s victims revealed that her loved one has experienced the same unspeakable abuse by guardians who were placed in the control of her loved one by Michael Genden.  Her loved one was subjected to the same terror, mercilessly drugged, isolated and terrorized by guardians. Her loved one died as a result of abuse and being
forced to ingest psychotropic drugs – all in derogation of relevant Florida laws that require due process safeguards when administering such drugs involuntarily.  It has been almost a year since Michael Genden abetted the murder of her loved one.  During that time Michael Genden has empowered an arsenal of predator attorney to deplete her loved one’s estate.  Her legacy is being drained by predators.
k)    Michael Genden ordered the diversion of the inheritance rights of another victim to be paid to an attorney that was terminated by this victim.
l)    Michael Genden does not comport himself as a judge – his conduct is that of a bully, a thug.  It is disgusting when dealing with litigants in any matter – it is inexcusable and of a criminal nature when dealing with elderly disabled adults whose civil and human rights, liberty and due process are trampled in his court.  Michael Genden has shut down the court and removed public access to the files.  Michael Genden has denied my access to my own file.  Michael Genden has refused to permit my advocates and witnesses to appear in court.  He has removed them from the court.  Michael Genden is hiding and covering up his abusive court.
m)    Michael Genden was transferred to probate court without any credentials whatsoever to deal with elderly disabled persons and without any knowledge of the numerous Federal and State Laws that protect such person including Florida Statutes 825.102 the relevant portions of which provide as follows (the complete statute is attached as Exhibit C):
(2) “Aggravated abuse of an elderly person or disabled adult” occurs when a person:
(a) Commits aggravated battery on an elderly person or disabled adult;
(b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages, an elderly person or disabled adult; or
(c) Knowingly or willfully abuses an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult.
A person who commits aggravated abuse of an elderly person or disabled adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
n)    Other Federal laws including the Americans with Disabilities Act, the Elder Justice Act and the Olmstead Act are apparently not even known to him.  A copy of the directive of the Department of Justice dated December 14, 2014 summarizing some of these laws is attached as Exhibit D.
o)    Judge Michael Genden, Jacqueline Hertz, who purports to be a professional guardian, Blaire Lapides, an estranged opportunistic distant relative who is not compliant with guardian requirements and using her appointment as co-guardian to abet Alan Stone’s embezzlement and to extort and enrich herself with Appellant’s mother’s assets and Alan Stone have committed a string of felonies including endangering the life of an elderly person, embezzlement, drugging with unlawful psychotropic drugs in violating of Florida Statute 394, forcing Appellant’s mother’s from her home, failing to integrate a disabled person into the community and restraining them in a facility against their will.
p)    These tortfeasors and miscreants are using the same abusive aides and caretaker agency who caused Appellant’s mother to suffer life threatening conditions where she almost died defiantly and deviously in defiance of Appellant’s objection another gross abuse and criminally negligent act by Michael Genden and the predator guardians and their attorney. Further the aides and attendants are not only criminally culpable but they are shamelessly exploiting Appellant’ mother with a pretense that they are attending her needs when in fact they are deviously forced on Appellant’s mother not to attend to her but to keep her isolated in her room, keep her from obtaining any semblance of “therapy” in the vile nursing facility that is caging Appellant’s mother and they are isolating her and preventing her from associating with her family and friends and spiritual leader and to invade Appellant’s mother’s privacy and serve as a mole to harass and bully Appellant and “report” back to the abusers and tort-feasors.  Attached as Exhibit E is a copy of various “notes” that have nothing whatsoever to do with the care of Appellant’s mother – they are only unlawful and stalking acts by these aides who are committing criminal stalking.    Attached are Exhibit F is an illegal directive from Roy Lustig demanding that Appellant’s mother be isolated from her and from her spiritual leader. This shameless brazen conduct by all miscreants involved with Appellant’s mother is willful, wanton and reckless abuse.
q)    Michael Genden has unlawfully authorized the tortfeasors to fail to provide accounting, bonding, verification of reports, fees.  He has a pattern and a practice of ordering the sale of the home of an elderly adult for pennies on the dollar and allowing elderly adults to be forcibly removed from their home.
r)    Jacqueline Hertz, the predator who is attempting to deprive Appellant’s mother of her life and draining her assets in collusion with Michael Genden has a pattern and practice of abuse, isolation and extortion. Her criminal conduct was exposed to Michael Genden and in response Michael Genden removed access to the files in the probate court to cover up her abuse instead of removing her as a guardian.
17)The Appellant wishes this court take note of the following:
·    This 3rd DCA Court just quashed the order of Miami-Dade Judge Bernard Shapiro who unlawfully ordered the clerk to stop accepting pleading from a pro se litigant and required her to get a lawyer.
·    This same type of unconstitutional “Order” was issued by Michael Genden as appealed in Appellant’s Notice of Appeal.  Michael Genden issued an Order on January 6, 2015 “Prohibiting Barbara Stone from filing any more pleadings” just as did Bernard Shapiro.   As shown on the “Order”, Michael Genden copied each of the other probate judges with this unlawful order.
·    This is an attempt by Michael Genden to collude with other judges in obstructing justice and misusing and abusing power.
·    This unconstitutional order is also an attempt to repress litigants from exposing the disgusting staged pleading filed by the predator guardians and attorneys who have infested Michael Genden’s court.

a)    Michael Genden and the other probate judges in Miami Dade County are terrorizing and destroying families.
b)    Because of the dire nature of Appellant’s mother ‘s condition and because other victims are suffering heinous abuse and exploitation in Michael Genden’s court, it is imperative that this full Court is aware of his conduct and makes a ruling en banc to disqualify Michael Genden, reverse, nullify and quash his orders and order that Appellant’s mother be returned to her home under the care of Appellant.

WHEREFORE, Appellant respectfully requests that this Court disqualify Michael Genden, reverse, nullify and quash his orders and order that Appellant’s mother return to her home in the care of Appellant.  Appellant requests an opinion be issued en banc on an expedited basis.

Dated:  February 6, 2015
___________________________
Barbara Stone
244 Fifth Avenue – B 296
New York, NY  10001
Tel:  212.994.5482
Bstone12@hotmail.com

here is the link to additional information and exhibits:

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