Elder Guardianship Cases Winding Their Way Up to Federal Court

MURDERED BY GUARDIANSHIP – Genevieve Bush

Yesterday on June 16th, Mary Bush got a message that her mother Genevieve Bush was dead. She had been incarcerated at Green Meadows in Paoli Pennsylvania, we believe this was murder. Genevieve Bush was the wife of Fabian Bush a WWII veteran.

Genevieve Bush was kidnapped from the home her husband had built by Pennsylvania Department of Aging on May 18, 2015. Genevieve Bush was a victim of the the Chester County “Justice” Center, her own attorney became a judge, then signed orders to take her freedom and home.

Once she was captured by the state of Pennsylvania she was never again allowed to use her dentures or walk again, she was isolated from her daughter and most likely drugged into submission. Genevieve Bush has suffered medical neglect, sexual assault, humiliation, isolation, mental anguish and financial exploitation condoned and enabled by the CORRUPT Department of Aging.

Genevieve Bush never got her in court, her voice was never heard, her constitutional rights which her husband fought for in WWII were discarded and trampled. Genevieve Bush’s doctor never even was heard, a fraudulent diagnosis was given to her by the court, not a qualified medical doctor.

Mary Bush would ask that instead of telling her you are sorry, to please share the articles written on her mother and create awareness of the Chester County Courthouse Racketeering Ring.

DOCUMENTS

https://www.pacourts.us/assets/opinions/Superior/out/J-A03038-23m%20-%20105456708214786028.pdf

https://casetext.com/case/bush-v-platt-1

https://www.openrecords.pa.gov/Documents/FDsIssuedByDAs/Bush-WillistownTwpPD_ChesterCoDAO.pdf

T.S. Radio: Pennsylvania Probate Abuse – Genevieve’s Story

Genevieve Bush lost her husband to a stroke in June 2004, what was to follow his death was nothing she could have ever prepared herself for, although she tried she has now become the victim of guardianship abuse.

“In 2005 my mom removed the POA my brothers obtained in 2004 having both parents sign estate plans and wills they wrote and assigned themselves after my father’s stroke. Mom sued the brothers for return of monies they moved to themselves in 2007. The brothers disappearing out of our lives after winning the 2007 suit then returned at the end of 2009 filing a lawsuit on both mom and me to obtain guardianship over mom. The court used this petition in its own wish to mend a broken family by awarding guardianship to myself and back to the sons mom removed.

Through now over seven years of non stop court hearings during which the court in 2011 stripped my mom of all her rights she has now been taken from her home and held in a facility since May 18th without a hearing.

The Department of Aging claimed due to conflicts arising in moms care, was in danger and had to be removed from her home. Since being removed mom has been injured in the facility, she has been diminished, isolated and restricted from walking and even going outside.

The Emergency involuntary commitment hearing has been scheduled for August 24th.. There are also other court hearings and filings surrounding this guardianship still active in others courts not yet finalized.”

Hosted by Marti Oakley & Debbie Dahmer

Guest: Mary Bush

In 2005 my mom removed the POA my brothers obtained in 2004 having both parents sign estate plans and wills they wrote and assigned themselves after my father’s stroke. Mom sued the brothers for return of monies they moved to themselves in 2007. The brothers disappearing out of our lives after winning the 2007 suit then returned at the end of 2009 filing a lawsuit on both mom and me to obtain guardianship over mom. The court used this petition in its own wish to mend a broken family by awarding guardianship to myself and back to the sons mom removed Through now over seven years of non stop court hearings during which the court in 2011 stripped my mom of all her rights she has now been taken from her home and held in a facility since May 18th without a hearing. The Department of Aging claimed due to conflicts arising in moms care, was in danger and had to be removed from her home.

Since being removed mom has been injured in the facility, she has been diminished, isolated and restricted from walking and even going outside. The Emergency involuntary commitment hearing has been scheduled for August 24th.. There are also other court hearings and filings surrounding this guardianship still active in others courts not yet finalized.

F.A.C.E.U.S. Robin Lulu Marcie host Mary Bush & Jeffrey Hennel Probate Victims

Bush & Jeffrey Hennel Probate Victims

For example, Mary Bush in West Chester, Pennsylvania is required to pay $50 to visit her 87 year old mother Genevieve Bush who resides at Park Lane nursing home.

An APS worker and a Sheriff must also be present, according to Bush’s visitation order.

“The court has unjustly labeled me a criminal and violated my due process rights,” Bush said. “My mom had a million dollar estate that has been liquidated by court appointed guardians.”

The Honorable Judge Katherine Platt of the Chester County Court of Common Pleas declined to comment specifically on the Bush guardianship but stated that neither the county nor the state profit from senior citizens who are wards of the state of Pennsylvania under guardianship.

“If anything, they are a drain on judicial resources,” Judge Platt said. “Judges are law trained. We are not social workers and most of us don’t have advanced degrees in the mental health arena. Family dynamics, in some cases, go beyond what our constitutional commission requires of us.”

Judge Platt says she has witnessed court appointed guardians and judges alike being pulled into the dynamics when a parent of a dysfunctional family is guardianized.

“If a court appointed guardian has to deal with dysfunctional relatives of an incapacitated person, they are entitled to be compensated for the time it takes to intercede,” said Judge Platt, an Orphans’ Court judge.

As for orders of visitation that limit an adult child’s visitation with a relative at the end of their life, Judge Platt said, “There’s nothing written in our statute that defines severity.”

But Philadelphia Attorney Alan Denenberg defined severity in a federal lawsuit he filed in the U.S. District Court for the Eastern District of Pennsylvania against two Westtown East Goshen Police Officers whom he alleges conspired to violate Ms. Bush’s 4th Amendment Rights under the U.S. Constitution by using excessive force in the parking lot of Park Lane nursing home where Ms. Bush’s mother resides under guardianship.

Mom Had Lonely Death In Nursing Home As Guardianship Industry Kept Daughter Away

Mom Had Lonely Death In Nursing Home As Guardianship Industry Kept Daughter Away — This waking nightmare is in West Bradford, Chester County, Pa. and concerns Mary Bush and her mom, Genevieve.

The nightmare ended for Genevieve in 2021 when she died alone in Green Meadows Nursing Home in Paoli.

She had been kept in nursing homes since 2015 against her will since being declared incapacitated in 2011.

Genevieve’s husband and Mary’s father, Fabian, died in 2004. A money dispute between Genevieve and her sons led to her revoking their power of attorney in 2005.

Genevieve also sued the sons saying they wrongfully took money from the estate. Chester County Common Pleas Court Robert J. Shenkin, however, ruled for the sons saying the investments they used had been made in their name.

So she rewrote her will in 2007 giving what remained of the estate to Mary and created a trust naming Mary as trustee.

“They already got their inheritance,” Mary said her mom told her about the sons.

And what remained was a nice bit as the family Cape Cod sat on 15 acres of prime real estate.

Mary and Genevieve refurbished the Cape Cod making it a beautiful place in which Genevieve could live the remainder of her years.

In 2008, she gifted the house and land to Mary rather than putting it in the trust because she wanted to be sure Mary got it.

The sons next step was to seek guardianship and filed a petition for declaration for incapacity. They hired attorney Alexander Chotkowski and on Oct. 30, 2009 a constable served the paper.

This started a process that put Genevieve into a guardianship in June 2011 and continued until Genevieve’s death in 2021.

While serving the paper constable kindly called the law firm of Reger, Rizzo and Darnall for a lawyer for Genevieve, who naively accepted.

The lawyer, Thomas K. Schindler, told Genevieve that she did not have to appear in person for any hearings despite the state code mandating that she do.

Judge Katherine B. L. Platt declared Genevieve to have Alzheimer’s disease. Mary says her mom was as sharp as anyone. She was still handling her own finances and maintaining the trust.

Judge Platt ruled that Mary and her younger brother be made guardians of the person while her older brother was made guardian of the estate, which meant he handled the money.

Judge Platt also ordered Mary to sign the house given as a gift back to her mother.

In 2013, Judge Platt removed Mary as guardian after a dispute with the younger brother and ordered her evicted from the house. She was replaced as co-guardian by an attorney who would soon quit. Two years later the younger brother was removed from his post after an incident, and Genevieve was taken from her long-time home to the county’s Pocopson Home.

The estate was charged $65,000 for her stay in Pocopson.

Mary found her neglected. She was sitting in her own waste and had visible injuries.

After complaints, Genevieve was moved to Park Lane at Bellingham in West Chester, which charged $14,000 per month.

This was in January 2016.

Mary wasn’t happy with Park Lane either and made complaints. The staff responded by banning Mary from seeing her mom, and told police to watch out for her if she arrived.

When Mary arrived Westtown-East Goshen Police were soon on the scene. They escorted her from the building, and one of the cops stuck his finger in her face.

“I heard about you,” he said. The cop slammed her to the ground and cuffed her. Mary was a 56-old-woman when this happened. Yes, she was injured. She was taken to the hospital.

The small upside is that she sued the police department and won.

However, it was 614 days before she saw her mom again.

“I counted them,” she said.

“She had no idea if I abandoned her or if I was dead or alive or nothing,” she said.

The visits came with conditions, though. It could only be at Adult Protective Services and a deputy sheriff had to be present. Also Mary had to pay for caregiver to sit with Genevieve in the van and Genevieve had to pay for the cost of the van.

And it could only be for one-hour a month.

Mary says her mom was a changed person. She was uncertain and sad.

Genevieve, however, recognized her and could carry on a conversation.

So much for the Alzheimer’s diagnosis, Judge Platt.

The visits stopped when the county authorities said Genevieve no longer had enough money to pay for the van.

This happened in August 2018. It was the last time Mary saw her mother.

Genevieve died June 16, 2021. It was 15 hours after the deed was secured by developers Cameron and Lauren Adams who brought the property for $480,000 cash.

That’s a refurbished Cape Cod on 15-acres in suburban Philadelphia for $480,000.

An autopsy was prohibited.

“My mom never got a funeral. The judge that was involved just threw her in the ground.”

Mary is still fighting. She is asking the orphan court to give the property back as she is the trustee and the trust has never been dissolved.

The attorney for the Adams is asking she be declared in contempt for the act and forced to pay legal fees.

The Adams have also filed charges of harassment and stalking against Mary because she has taken photos of the dumpsters full of things from house.

Mary is not backing down. She has become a national figure in exposing guardianship corruption even speaking at a Free Britney (Spears) event.

“I’m just so determined. As far I’m concerned they murdered my mom for money. For the last seven years, they kept me from Mom,” she said.

Here’s another view Mary Bush at #FreeBritney Los Angeles Sept 29, 2021 FULL ARTICLE

GENEVIEVE BUSH VIDEOS

Guardianship in Pennsylvania Winstanley, Bush and Grivas

MBush Chester Co Commissioners’ 10 27 16

Krissy Smith Speaks for Mary Bush’s Mother. Judicial Corruption , Guardianship Abuse, Probate Court

MBush Chester CO Commissioners’ 12 14 16

Mary Bush Free Britney 9/29/21

Mary Bush at #FreeBritney Los Angeles Sept 29, 2021

Celebration of the life of “Genevieve Bush” Murdered in a Pennsylvania Guardianship

Genevieve Bush dies in Fraudulant Guardianship Chester County Pennsylvania Judge Katherine Platt

Elder Guardianship Cases Winding Their Way Up to Federal Court

Mary Bush lives 20 minutes away from her 86-year-old mother in West Chester, Pa., but she’s not allowed to visit. In fact, Ms. Bush hasn’t seen her mother, Genevieve Bush, in 16 months because she was restricted from setting foot inside the Park Lane nursing home where the elderly Ms. Bush resides.

“I showed up on Jan. 27 to visit my mom and was told to leave by the administrator,” Ms. Bush told Pacer Monitor. “When I called the police to report the visitation ban, I was assaulted by the officer.” Ms. Bush blames her mother’s court-appointed guardian, Carol Hershey, who reportedly sent a letter stating Ms. Bush could no longer visit.

In most states, it is not uncommon for the elderly to lose their individual rights around residence, visitation, medical care, assets and property once they become a ward of the state under a court-ordered guardianship.

The younger Ms. Bush filed Bush v. Goodall on March 28, 2017, in the Eastern District of Pennsylvania after state court dismissed Ms. Bush’s petitions on two occasions.

“There’s no legal remedy in our state courts,” said Ms. Bush in a phone interview. “I want to stop Park Lane’s violations of mother’s resident rights, her rights under the nursing home reform act and my constitutional rights of association and communication with my mom.”

Ms. Bush is among a rising number of adult children of elderly parents confined to nursing homes who are seeking relief in federal court from state guardianship-related proceedings.

According to an Americans Against Abusive Probate Guardianship (AAAPG) study, some 90% of families report that the judge in their guardianship proceedings did not act in the best interest of the elderly, 80% suspected the judge was improperly influenced and 70% felt the retirement home did not act in their parent’s best interests.

“Wherever possible, we advise family members who feel their aging relative is caught up in a fraudulent guardianship in the lower probate court to immediately file in federal court,” said Rick Black, an advocate with the AAAPG. “The qualifications of federal judges far exceed anything that a clerk, commissioner, magistrate or district judge would have in terms of training.”

In Peterson et al v Silverado Senior Living, Ruby Peterson died at 94 years old while residing at Silverado Senior Living in 2015 in Houston. Ms. Peterson’s three sons Lonny, Don and Mack filed a wrongful death suit in the U.S. Southern District of Texas Houston Division on Jan. 9, 2017.

“Ruby wanted out of Silverado, but her other children David and Carol Ann insisted that she stay there so Ruby issued new notarized documents appointing her sons as co-guardians but Silverado Senior Living nursing home and the state probate judge refused to act on it,” said Donald Cheatham, an attorney in Houston who represents the Peterson brothers.

Peterson et al v Silverado Senior Living is set for discovery after a pretrial hearing on May 19.
“A federal judge can objectively look at these probate and guardianship cases and normally rule in favor of the victim when the evidence supports that something went awry in the legal proceedings, such as violation of civil rights, due process or disability rights,” Mr. Black told PacerMonitor.

There are however obstacles that typically prevent guardianship related cases from being adjudicated in a federal court.

“Rooker-Feldman says a party who has lost in state court cannot bring the suit in federal court to appeal an unfavorable ruling,” said Bob Grundstein, a constitutional law attorney in Vermont.

Currently under submission in the Eleventh Circuit U.S. Court of Appeals in Georgia, Woodhull v. Mascarella challenges Rooker-Feldman while appealing rulings issued by Florida’s 5th District Court of Appeals in the matter of Louise A. Falvo who died, at 91 years old, three months after she was placed at the Parklands Care Center nursing home in Gainesville, Fla. by court appointed guardian Rebecca Fierle.

“The judge at the lower court approved my receiving $275,000 of inheritance money and the appellate court supported this but when the case came back to the lower court from the appellate court, the judge said that although the money belonged to me, he would not allow me to have it because I fought the court-appointed guardianship over my mother,” said the deceased Ms. Falvo’s daughter Angela Woodhull who filed the federal appeal.

In Rooker v. Fidelity Trust Co., 263 U.S. 413 (U.S. 1923) and D.C. Court of Appeals v. Feldman, 460 U.S. 462 (U.S. 1983), the United States Supreme Court held that the power to hear appeals from state court judgments is exclusively held by the United States Supreme Court and that federal district courts do not have jurisdiction to hear challenges to certain state-court decisions.

Woodhull argues in her brief that the invocation of Rooker-Feldman violates Article III, Section 2 and Article II, Section 8 of the U.S. Constitution.

“Only Congress has the authority to determine federal district court subject-matter jurisdiction,” Ms. Woodhull told PacerMonitor News in a phone interview.

Section 2 of the Constitution’s Article III states that the judicial power shall extend to all cases, in law and equity, arising under the Constitution and Section 8 of Article II gives Congress the power to constitute tribunals inferior to the Supreme Court.

Another stumbling block is the application of the abstention doctrine in which a court of law may, and in some cases, must refuse to hear a case if it potentially intrudes upon the powers of another court.

“The abstention doctrine is practiced by federal courts to insist certain matters are tried in state courts,” Mr. Grundstein told PacerMonitor News in a phone interview. “The probate exception is one of the abstention criteria.”

Whether a case that emerges out of state court will be successful in federal court ultimately depends on the circumstances under which it is filed.

“The difficulty with the federal system is that they are courts of limited jurisdiction,” Mr. Cheatham told PacerMonitor News in a face to face interview. “The subject matter jurisdiction I believe attaches to probate guardianship cases because of RICO.”

In referencing the Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO), Cheatham implies that the involuntary redistribution of assets that occurs with a defrauded enterprise can also happen to an elderly person in probate court.

“What the few guardianship-related cases that have been elevated to a federal level really have been about is the potential to file racketeering or RICO charges because there’s often multiple parties who all work together in a probate guardianship effort within a state,” said Mr. Black in a phone interview.

For her part, Ms. Bush continues the fight in federal court to see her mother. On May 4, she filed a motion for default judgment because Parklane has yet to file a response. If the motion is granted by the court, Ms. Bush will finally be able to visit her mother without being charged with trespassing. FULL ARTICLE