III.

Statements of Facts

I am 100% Federally Disabled. Janet McDonald is my living partner, we are

unmarried. My Aunt was Jean Caffrey, Ms. McDonald was her caregiver.
June 04, 2002, appeared to have fallen Ms. McDonald calls ambulance to help
Ms. Caffrey (90 years old at time), who had extreme osteoporosis, up from
the floor. The paramedics took Ms. Caffrey to Emory Northlake Hospital but
told Al Thomson (neighbor) that there was nothing wrong with her. I had a
Durable Power of Attorney and a Health Care Power of Attorney. I was told
that if I came to hospital, I’d be arrested.

June 05, 2002 DFCS worker, Sandra Al-Khaja Petitions the Probate Court of
DeKalb County for appointment of Emergency and Permanent Guardian for an
“Alleged Gravely Incapacitated Adult”. Claims needs assistance w/ daily
living activities and finances. Needs Guardian of Property.
June 05, 2002 Affidavit of Physician or Psychologist signed and notarized
claims gravely incapacitated for physical illness and disability, emotional
abuse and financial abuse by me. (The bottom of form states: The
examination on which this affidavit is based must occur within ten days
PRIOR to filing the petition).
June 07, 2002, Order for Evaluation and Notice of Hearing signed “Jeryl Rosh,
Judge, Probate Court”. Rosh was a clerk at that time. Dr. McIntyre was to do
evaluation June 11, 2002, written report and made available to the parties
within 72 hours. (This evaluation was never done) Hearing to be on June 13,
2002 at the Hospital. I received the Notice on June 09, 2002, my brother in
Wisconsin did not receive the notice by the time of the hearing. “Exhibit 1”
Laws and Rules violated:

O.C.G.A. 29-5-8 (b) (1): MUST show: immediate, clear , and substantial
risk of death (2): immediate, substantial risk of irreparable waste or
dissipation of the estate of must be accompanied by O.C.G.A 29-5-6 Rules
for these kind of hearings was totally ignored by Ms. Rosh. (e) “The
burden of proof shall be upon the petitioner and the standard used by the
court in reaching its decision shall be clear and convincing evidence.
There was NO EVIDENCE presented. If there had ever been an
investigation done by DFCS, and I had been guilty of the accusations, I
would have been arrested. I have never been arrested for these crimes

1) PREJUDICE UNFAIR TRIAL: Upon entering the hearing, Ms. Rosh

informed everyone: “Sandra Al-Khaja and I have been friends for 18
years.” “This is the third time this month I have seen the elderly taken
advantage of and it won’t happen again”. Mr. Al Thompson was a
witness to the June 04 incident and a witness for my behalf at the
hearing and was deposed August 13, 2003, pages 20, 21, 36, 37, .
“Exhibit A” Canon 2B, 3C(1) & (a)

2) The ward is never allowed to testify at these hearings, Ms. Caffrey did
testify. During recess, Ms. Rosh sat with Ms. Caffrey, Ms. Al-Khaja and

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 Ms. Turner and had a conversation. Thompson deposition pages 15,
17. “Exhibit B” Canon 2A, 3A(1)

3) When I was testifying, Ms. Rosh very rudely cut me off screaming,
“Alright, I’ve heard enough!” and at one point threw her pen down on
the table. During my testimony I mentioned that I had talked with Ms.
Caffrey’s doctor about an assisted living home, Ms. Rosh allowed Ms.
Al-Khaja several times to holler out different responses, thus interfering
with my testimony. Thompson deposition page 37 “Exhibit C” Canon
3a. (1), (3), (4)

4) The Durable Power of Attorney I had was until death. Ms. Rosh
declared that I was guilty of abuse and financial fraud even though the
money I was to have stolen belonged to Ms. McDonald and myself and
not Ms. Caffrey. Ms. Rosh revoked my Power of Attorney, gave Ms.
Caffrey a “Guardian of Property for a Gravely Incapacitated Adult”
“Exhibit D”
*Note: Legally Judge Marion Guess would have had to listen to the
recording of the Hearing, look at all the evidence then make a decision,
Judge Guess did not sign any of these papers and the decision was
made at the Hearing. **They do not mail out the original.

5) Even though Ms. Caffrey’s primary doctor of four years who had
diagnosed her with Immobility Syndrome, mid-mild cognitive, and mild
senility he was replaced and none of his documents were presented at
the Hearing, he is a resident of Emory Northlake and had submitted his
files. Ms. Rosh appointed a Guardian of Property only. I was denied
access to the findings of the Hearing, the case had been sealed.
November 2004, I finally saw the findings, Mental and Physical
disability to the extent that the ward lacks sufficient understanding or
capacity to make reasonable decisions… incapable of communicating…
and clear and substantial risk of death and waste of estate”. States
that Guardian of Person and Guardian of Property ordered. The Order
Appointing Emergency Guardian and Permanent Guardian was done
the same day as the hearing for such. Ms. Rosh, again signing for
Judge Marion Guess (improper procedure) appoints Mr. Joyner as both
temporary and permanent Guardian on June 13, 2002. There is
supposed to be an “objection” period, it was ignored. It also states
that Bond HAS to be posted on appointment of Permanent
Guardianship. There was no Bond until October 1, 2002. The “Order
For Citation” states: “in which the incapacitated adult is confined”.
Confined? No Guardian of Person.
Exhibit E”

6) I hired Mr. Stephen Carley to represent me. He sent the “Notice of

Entry of Appearance” to the Probate Court and requested the Order,
the Caffrey Evaluation and a copy of the tape of the hearing. None of
these were provided either to myself or any of my attorneys, violating
my rights. “Exhibit F”

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 * July 2002 *We found that the Guardian of Property had changed the
name and address on the McDonald\Stegeman Accounts and had been
stealing money and selling Mutual Funds even though Mr. Appel had
frozen the accounts for us. Upon the discovery, the Guardian, Mr. Joyner
immediately filed suit against me in Superior Court knowing that in
litigation knowing that no one would discuss the accounts until the suit
was settled. The Guardian is prohibited from doing anything like this
without a Superior Court Order, there was none.

7) Guardian of Property petitioned to sale Caffrey’s home September 23,

2002. No bond on Joyner until October, Joyner claimed Caffrey did not
live in this state, she was at a “home” in Marietta, requested a
Guardian ad Litem for sale. Purchase and sale agreement dated
September 07, 2002. Ms. Rosh appointed Mr. Mark Stephen, Caffrey’s
attorney at the Guardianship hearing. “Exhibit G”

8) According to records, Mr. Stephen only helped falsify the sales price of
the house, did not sign at closing. $21,000 plus knocked off of the
price for buyer renovations that were not done. It is questionable
about the sales price of the house. Mr. Burnett, the Guardian of
Property’s partner at The Law Firm of Joyner and Burnett signed as
Attorney in Fact at the closing, Mr. Stephen did not sign at the sale.
“Exhibit H”.

*April 21, 2003, I found out that Ms. Caffrey had passed away on April
th
17 . Later we found out that she had been in a coma in the hospital for five
days. No family found out about the accident or death until Ms. Caffrey had
been cremated, buried in the improper place, the name not correct. “Exhibit
I”.

9) April 22, 2003 went to DeKalb Probate Court to file my Will. *The clerk
told Ms. McDonald and myself that Ms. Caffrey had died in Cobb
County, that’s where it needed to be filed. Called my attorney, Ms.
Williams at that time. She said she would take care of it. *Mr. Joyner
filed suggestion of death the same day. *Petition to Probate Will same
day – Has wrong date for death, second page under 5. No other
proceedings filed or pending, my Will had been on file for several years
and Mr. Lillig states in deposition he knew there was another Will. Ms.
Williams filed Caveat within the ten days. This new Will should not
have been accepted as Ms. Rosh had deemed Ms. Caffrey “Mental and
Physical disability to the extent that the ward lacks sufficient
understanding or capacity to make reasonable decisions… incapable of
communicating… as shown in Exhibit E and The Probate Court had a
record on file of my Will. “Exhibit J”

10) April 30, 2003, Mr. Lillig gets $100,000 Bond which states “Has been
named and appointed as Temp. Administrator of the Estate. Victoria
Gunn signs as DeKalb Probate Judge. A petition has not even bee filed.
* May 3, 2003, Petition for Temporary Administrator filed, claims “John
Stegeman has no living heirs”– he had four children three are living. It

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 goes on to state: “ The nephews are estranged…the DeKalb County’s
DA Office are currently investigating Felony theft by taking and Elder
abuse”. These are lies, my brother lives in Wisconsin and I have
NEVER been investigated for either. *Victoria Gunn signs for Judge
Guess Order for Lillig Temp Administration May 5th, Temp letters given
same day. I never received notice of the Petition, I have the right to
object! The law states that there is 10 days to object, it was done in
two days. “Exhibit K”

11) January 14, 2004 Hearing for Will(s), Marion Guess presided, went
unfinished, Ms. Williams had a criminal hearing to attend in another
county.

12) March 25, 2004. I was approached on settling the Civil Suit which
would tie to the Probate of the Wills. I set my demands, both attorneys
signed. I would dismiss the Caveat and the Superior Court countersuit,
and Lillig would dismiss the suit in Superior Court and provide the
paperwork on the account they had stolen belonging to Ms. McDonald
and myself and help to get the account back into my name. If either
one did not meet their end, the contract of agreement would be void.
*“Memorandum of Understanding signed by both attorneys. “Exhibit
L”

13) The Letters of Testamentary quickly went to Mr. Lillig. He did not
uphold his end. Then I find that Mr. Lillig and Mr. Turner had altered the
original agreement (handwritten items in) that I had no knowledge of
or agreement to. Mr. Lillig informed the Bank not to release the
accounts that it had been revoked. Therefore the Caveat Withdrawal
had to be revoked. Judge Rosh fails to do so. “Exhibit M”

14) September 30, 2004 Mr. Apolinsky hire by Ms. McDonald and myself to
end Superior suit, get our accounts and do legal investigation. New
Consent Order made. Lillig tries to get me to agree to pay the debts of
the Estate, I said no. Mr. Apolinsky finds the accounts have been
drained even though Lillig swore he did not manipulate the accounts.
“Exhibit N”

15) Lillig files for discharge, he claimed that all debts of the Estate had
been satisfied. I objected, Ms. McDonald and I have been paying bills
of the Estate. No discovery during the six months. Mr. Lillig then files
a Motion for Summary Judgement. When I went to the Probate Court to
file my “Response to Summary Judgement”, “Petition to Revoke Letters
of Testamentary”, “Default on Objection”, etc. The Clerk told Ms.
McDonald upon delivering for filing the Petitions that “I don’t think you
can file those.” “I will have to let the staff attorney look at this” “I will
call you tomorrow.” She did not call. We called and left a message.
Then Ms. McDonald sent a fax. Ms. King, the clerk called back and said
“We are not going to let you file any of those papers.” We are going to
have a Summary Judgement hearing only” “We are not going to have a
hearing on the Objection to Discharge.” The staff attorney, Mr. Fowler

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 got on the phone and repeated the same thing. He said “No there is
nothing wrong with the papers we just are not going to let you file
them” “We will settle everything in the Summary Judgement hearing”
“There will be no hearing about the Objection”.
“ “Fine you can file anything you want but we are only having the
Summary Judgement hearing” “Exhibit O”

My Civil Rights, Constitutional Rights and rights under the Bill of Rights
have continuously been violated at the hand of Judge Rosh and this will
continue. Ms. Caffrey was kidnapped (confined), kept from all family
members, died from an accident that should not have happened and the
accounts belonging to Ms. McDonald and myself have been stolen, at the
hands of Judge Rosh. Not only am I ashamed of DeKalb County, but the
Judicial system as a whole.