Mary Bush has graciously consented to the publication of her horror story.
This is her corrected version
Case Summary for: (your name and address, email and phone)
PLEASE SHOW YOUR ANSWERS IN BOLD
1509-1720 Judge Platt; 50 A 2015 Judge Tunnell & Judge Hall
2115-cv-5008 Judge Legrome Davis, Habeas Corpus
Appeals: 2726 EDA 2011, 2746 EDA 2011, 5 E.D.M 2016, 1694 E.D.A 2013; 1861 E.D.A. 2013, 1863 E.D.A. 2013, 1779 EDA 2014
Case Name: Genevieve Bush
Case Jurisdiction: Orphans Court Chester County, PA
PA Superior Court of Pa Eastern District
U.S. Dist. Court No. 2:15-cv-05008 Writ of Habeas Corpus
Judge(s): Katherine B L Platt, Mark Tunnell, John Davis, LeGrome D. Davis
Relationship to you: Mother
Opposing counsel: Alexander J. Chotkowski, John Francis McKenna – sons of Genevieve’s attorneys entering appearances in 2007 long before suing for guardianship when they opposed Genevieve in court for return of her funds they never challenged her capacity at all then they sue her in October 2009 saying she cannot manage her finances after being out of her life since 2007 court hearing. The judge in the 2007 case was Robert Shenkin who was from the same law firm that Alexander Chotkowski and John McKenna worked. Prior to becoming a judge, he was in private practice for 20 years with the firm of MacElree, Harvey, Gallagher & Featherman, Ltd. where he engaged in the general practice of law.
1. Service: Was there proper service in the case? No
Was the disabled person served properly 14 days or more in advance of the hearing? NO
Was the disabled person given a copy of a Summons and Complaint and Notice of Hearing by the Sheriff or Process Server? Yes and his affidavit said she understood the process this was in November 2009 and the court later states she lacked capacity when she signed her own directives in 2006.
Was the disabled read her/his rights under the law? No, Constable George Morrissey called an attorney friend for mom right after he served her and she never being sued before hired them.
Were all next of kin notified of when the hearing for guardianship take place? Yes
– how were they notified (phone/email/mail/in person)? By Mail
If the disabled was not served, please print out the docket from when the case first began to the guardianship hearing appointing a guardian showing no service or “person not served”
Isolation has been severe–Genevieve was socially active with her friends and family, church travel, women’s groups, then incarcerated into a county facility against her will on 5/18/2015 into a locked ward. She has lost complete contact with more than 50 people who were in her life
Is there an order limiting visits? (Please attach, if possible) (ask them for a copy of all orders limiting visitation, if they refuse, report this too)
No – guardian made up her own orders
How are the visits limited?
Guardian and nursing home conspired to say I was not a daughter, but now I am only a trespasser
Are there medical records indicating visitation limits? No
Is there a list of “permitted visitors”?
Who made up the list?
Guardian and nursing home
Who is your loved one not seeing right now (list name and relationship) where the visits are limited and how are they limited?
Mary, daughter, Leo, brother and her friends & family– cannot see her because travel to her facility is hard to get to. I am the only one guardian Carol J Hershey made mom pay to see and now has no visitation. When mom was home with me she had a very active social life.
3. Chemical Restraints
Is your loved one taking any forms of chemical restraints or psychotropic drugs?
Suspected, but not known, Moms behavior is so changed and she is knocked out a lot
Are you allowed to check to see if they are taking such medications?
No–not allowed to see any “medical” information
Do you have the disabled person’s medical records? Why or why not?
Only up until the period of my POA–after 2011 nothing
Is the person drooling or do they have slurred speech?
Yes-I have photos and video of mom’s altered state
Does the Guardian have a court order permitting the administration of psychotropic drugs?
Has the disabled person ever been held down and shot up with drugs against their will?I believe yes –Mom is not acting her normal self since being incarcerated
4. Abuse of Disabled
Since the guardianship proceeding, has your loved one been abused?
Yes–physically, mentally, sexually, emotionally and financially. The life she planned for herself has been obliterated.
Please state all ways in which they have been abused
injuries – skin tears, bruising, broken leg, injured foot, lack of exercise, restricted from moving her body, months in a reclined geri chair
Mentally – abusive aids/staff, loss of pets by a court order, loss of freedom, loss of her rights, loss of established relationships, loss of her husband in 2004 and no time to grieve, loss of her belongings, verbal abuse by staff, son as a guardian forced her to be diaper changed in bed and not allowed her to go to the bathroom, son would wear fathers hat, son put a drool bib on her when she was upset, son chained her possessions all around her home, she was not allowed to attend church, she suffered the loss of seeing and going out with friends and daughter, she was isolated, now more isolated in a nursing home all alone doing nothing for hours.
Sexually she was restrained by aids in her own home while son digitally penetrated after her bath saying she need medication up there, he put bandages on her areas for no reason
Emotionally- withdrawn from all the abuse
Financially – Trustees were not given due process, trust was handed to oldest son who mother had sued in 2006 and removed his POA in 2005. He is liquidating the trust by warring against it and paying out hundreds of thousands to people attached to this case by the court. The money has not gone for her true care. Genevieve is being liquidated with no say in anything.
List any hospitalizations and approx. dates where abuse was a problem.
1/20/2016 fractured leg and high blood pressure nursing home Park Lane at Bellingham lack of standard of care, cited by the Pa health department on 02/25/2016
Was the disabled returned to the same abusive situation?
Yes – Park Lane at Bellingham West Chester, PA 19380
Did the court direct that the abusers (attorneys, GAL’s, case managers) investigate allegations of abuse?
Abuse can consist of bruises, cuts, broken bones, broken skin, bed sores (very serious), aspiration of food into lungs (because patient was not sitting while eating, very serious), malnutrition, dehydration, etc.
Was a feeding tube inserted against the disabled’s will? No
What is the hygiene of each place the disabled has been placed into? Please list any incidents where the disabled was living in filthy conditions and the approx. dates.Pocopson Home was cited by the Pa Department of Health
Park Lane at Bellingham was cited
Have you made any complaints? If so list dates and brief summary of complaint and its outcome
Too many complaints to list from about 06.14.2015 to 01.27.2016 Park Lane stopped me from reporting by calling me a trespasser in retaliation for calling the health department
Park Lane Facility was cited numerous times. 02/25/16 Department of Health Determined Neglect
Were you told you could visit, but then you were blocked by the guardian?
Yes, Guardian Exlizabeth Srinivasan would threaten me she would cut my time back if I did not obey her, Carol J. Hershey started 08-07-15 and restricted my time from the start after having phone conversations with Judge Katherine Platt. All the guardians chose to use my mother as their weapon to stop me from advocating for moms rights.
Did the court issue orders you could visit, but then the visits never happened? yes during the time son sexually assaulted my mom, Then with Carol J Hershey saying she needed to “supervise” me I saw my mother less than an order that was in place. Now Park Lane called me a trespasser and I have not seen mom since 01/26/2016
Did the disabled want to live at home or with a relative but the court ordered them into a nursing home?
Yes, mom was happily living with me, Judge made us both leave our home. Mom titled the home to me with her attorney in 2008, and then the judge ordered it back so the sons could take over and I was evicted in 2013 without a hearing and mom was taken out in 2015 without a court hearing. Sons now stay and use our home for themselves. They throw away her mail.
Was your loved one placed in a nursing home, group home or institution without a court order naming the institution? NO Adult Protective Services forced my mom into a Chester County Nursing Home ‘Pocopson’ with a court order signed by moms former attorney now Judge Tunnell, to this day there has never been a hearing and mom has not been allowed to return home.
Did the court find it was all right to pay a nursing home for care but not pay a family member to care for the disabled at home or in the relative’s home?
Yes, Court even ordered Daughter to pay for Mom’s attorney George Zumbano when I hired him as moms legal guardian.
If there was isolation, how many times did you see your loved one per week, month or year?
At first, twice per month, now not at all.
5. Abuse of Family
Have you or any family members been falsely arrested because of the guardianship? Please provide details, if so. Please attach a copy of all court orders and warrants for your arrest. How many times were you arrested? Provide transcripts if possible.
Yes. On 1/27/16 Park Lane Nursing called me a trespasser and had me arrested. I promptly left even though there was no advanced notification
Have you been defamed, false lighted, slandered or libeled by the court or any attorneys? If so, please list approximate dates and what was falsely said about you.
Since Oct. 2009 to present guardians spreading false documents to health care people, police, hospitals, banks, grocery stores etc, Judge Platt writing biased meant to smear “opinion” that have created civil chaos in and around mom and my life. False staged contempt charges where guardians spread these documents around to our community.
Have false civil charges been brought against you or a family member? False accusations of theft, missing assets blamed on the wrong person, etc? Yes false accusations of theft when the son moved into our home he would take or hide things then call the police, I still have belongings never recovered from our home. Sons falsely claim with no documentation at all of thefts by me in the realm of two million dollars. They have only done this through their testimony when documents show all monies were in the trust by my mother.
Were you the subject of a gag order not to talk about or post information on social media, blogs and the internet (please attach order).no
Were you or your loved one threatened in any manner? yes for years now
Did they move your loved one far away from you? no
6. Constitutional Rights
Has the court issued any gag orders or “location” orders where the disabled person cannot travel as desired. Guardians stopped mom from visiting dads relatives that she would see regularly
Mom is not allowed to go anywhere, Since May 18,2015 all contact with the outside world has stopped, she has not been able to socialize to friends, family, pets, me, church, womens groups. In a year’s time she has only been allowed out doors for a total of maybe 5 hours . She is kept locked in the facility.List dates of all gag or location orders, a brief summary of the content.
Guardian Carol J Hershey is making up “orders” as she goes along
Did the disabled ask for an attorney and receive one prior to the hearing for guardianship?
Mom hired the attorney the constable called. Then in 2011 asked me to hire George Zumbano who I had to pay because the court would not allow for fees paid . Judge Platt then told Mr. Zumbano to withdraw his appearance on November 20, 2015 and now mom has no legal representation at all.
Was the attorney clearly independent, or did s/he not fight for the disabled’s rights?
No. Three attorneys billed Mom and ignored all her rights, In my opinion no attorney will go up against the judge they have other cases in front of. Mr Zumbano went against my mothers legally scribed wishes for me to be her guardian/POA towards the end of 2013
Were you told that the attorney must come from a secret list the court keeps? No
Was the disabled given a choice of attorneys? If the disabled could not choose, did the family choose freely?
Mom trusted the serving sheriff and hired the law firm he called for her. Mom did participate in hiring Mr. Zumbano
Did the disabled come to all court hearings?
No. Mom never had a single day in court ever over 8 years now. No ADA accommodations, and court appointed capacity Dr of psychology stated clearly in his report she would not be harmed by being in court, she was denied the right to due process.
Was anyone told not to talk about the case on social media or on the internet? Explain.
Were they prevented from coming to any hearings? If not, why not? Was transportation provided for the disabled person?
Court said they would meet with mom in camera but they never did. Mom wrote her brother in 2010 “I will see you in court” this was entered in as an exhibit.
Was the disabled ever told not to speak in court when they wanted to make a point?
Mom never went to any of the court hearings her attorneys did not fight for this right Reger Rizzo and Darnell her attorney was Thomas Shindler.
Were any of the family members told not to speak in court when a family member wanted to make a point? YES multiple times I went Pro Se in June of 2015 attorneys were given time for a closing statement Judge Platt did not allow me to finish my case .I filed a motion to file a brief the next day and it was denied, the judge ruled without me closing my case.
Witnesses were also stopped from testifying and evidence was rejected. Judge claimed writings and work my mom did that I did it so she will not allow it.
Did the disabled person want to waive any rights (right to a hearing, right to an attorney, right to be present at their hearing, who would be the Guardian?) Was the waiver of rights recorded?
Mom wanted to go to court but couldn’t. She wrote a letter to the Brother saying “see you in court” but her attorney said do not come in.
Were you told you could not record proceedings?
Were you blocked or delayed in receiving transcripts?
Many times the transcripts cost too much. Some transcripts from 2015 took over a year to get.
Did anyone tell you if you fought for your rights, they would terminate visits or take other adverse actions? No the Court and opposing attorney just file and charge false contempt charges and fines.
Did they move your loved one far from you? No
Do you know if anyone got kickbacks for putting your loved one in an institution, group home or nursing home? Did you subpoena all the institutions, lawyers and court vendors for this information? In my opinion
I suspect Guardian Carol J Hershey does with Park Lane at Bellingham in West Chester PA
7. Mental Exam
Did the disabled get a full and fair mental exam by an independent doctor of the disabled’s choice?
No, she only got a court troll doctor of psychology
Why or why not?
Court always orders same doctor that trolls the courts for custody cases..
Did the court appoint any evaluators?
Dr. Bruce Mapes. Then Petitioners allegedly paid him for an ‘expert’ report
Did these evaluators come from a secret list the judge had? Yes or attorneys , seems so
Was a full physical exam conducted before the mental exam to determine if there were any treatable conditions?
No physical exam, 1 hour with court psychologist, court psychologist spent more time with Petitioner Brother/Son and opposing counsel than with Mother
Was the disabled informed in advance of the exam to prepare for the exam?
She was too scared to participate fully, friend reported doctor was “gruff”
Was the disabled told in advance the results would be used in court to guardianize him or her?
Did the disabled sign a waiver they knew the results would be used in court against them to guardianize them? No During the exam did the disabled have their glasses and hearing aids and did they function properly?
No hearing aids and mother suffers from a rare disorder – Avoidant Personality Disorder, mother had her own MD in psychiatry who was banned from testifying in her behalf.
Was your loved one taken on a Pscyh Hold? Was it with a court order? Who signed the papers your loved one was a danger to themselves or others? How long were they held and were they forced to take psychotropic drugs against their will?
8. Final Days on earth
Did the disabled receive appropriate medical treatment and medicines at all times?
No. As a result she was hospitalized for 3 days, cellulites, fractured leg, high blood pressure.
Was the disabled put in hospice against his or her will or instructions? Don’t know.
Did the disabled leave a Medical Power of Attorney or living will that said “no hospice”?
Does the disabled’s religion prohibit hospice (Roman Catholic, Jehovah’s Witness, etc.)
No, but mom is not allowed to practice her religion, the last time she was allowed to go to church was Palm Sunday in 2014 after major arguments with Guardian
Was the disabled narcotized to death with psychotropic drugs while food and water were withheld? No, but may be happening now
Was the disabled cremated to destroy evidence of the murder? N/A
Were any assets missing from the inventory or accounting that you were aware? Please list any valuable asset that was missing and if an insurance or Bonding claim was filed and the result of the claim.
Yes, assets are missing. $100k of tools, Platt just gave to one son, inventory was undervalued and not listed by son who was appointed guardian of the estate against the trust protective clauses.
Did a nursing home get paid any kickbacks for placing the disabled there? Were you allowed to serve discovery on this issue? I don’t know how to do this.
Did the disabled get the funeral and burial of his or her choice? NA
Did the court or estate take any funds or property into the estate which were held in joint tenancy with any other person without notice, hearing, discovery and jury trial?
Yes, court took house and 2 trucks (you need to report this theft to the FBI and to the police and file your objections in court and then file a civil suit against the judge and all the attorneys doing this or joining in on it 42 USC 371 conspiracy too.) Report the stolen vehicles to the car insurance carrier
Did the court evict anyone in the disabled’s home without eviction notice, hearing discovery and jury trial?
Yes, I was living with my mom in our house and had only 30 days to move out 4 pets and myself, ended up having to move out in only one rainy day in 2013.
I was falsely accused of undue influence when mom worked with her attorney Jay Fischer for 4 years. The court allowed hearsay staged litigation and denied submittance of factual evidence. I was made to pay for mom’s attorney after adjudication of incompetency to about $47K and I have paid over $450k in legal fees and fines. There was no due process at just about every turn, 90% hearsay testimony that could not be backed up with documented evidence,
Please indicated if it is okay to publish information on this form (without any of your personal information), so that it may help others. Thank you. Yes–Okay to publish
Places to complain
1) Nursing home abuse may be reporter to the state agency licensing nursing homes
Done with PA Health Dept cited facilies
2) Complaints about attorneys may be made to the state disciplinary board for attorneys
Done–none were disciplined (I would be glad to publish your letters and the dismissal of valid complaints against the attorneys. Go file the IRS form on breach of fiduciary duty against them and demand their fees be returned because their work was fraudulent)
3) State, County and local Attorney General’s Offices and the Inspector General in the case of nursing home fraud (placement against will, drugging with psychotropic drugs, etc.) The Inspector General is supposed to prevent waste of state funds.
Done–nothing happened ever
4) State, County and local politicians
Done–nothing ever happened
5) FBI. The FBI is generally interested in cases where more than $500,000 was stolen or there were changed transcripts, ex parte conversations between opposing counsel or parties and the judges. But don’t let that stop you from complaining. Get several email addresses for the FBI and send your complaint to several. If your local FBI does not have an email, get their fax number and put it in writing and complain by fax. Try to get a complaint no., this gives you victim’s rights.
Complained to FBI, nothing happened.
Complain early and often until you get results.
Visit your local politicians and demand investigations of these corrupt cases.
Visit all the blogs, facebook pages and complain there.Everyday I am on the internet complaining. I get tons of sympathy because this unfortunately is not an isolated incident of corruption in Probate in the US
I also went to Chester County Commissioners and they also did nothing.