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Hi, Eddie, Thank you for requesting me and I appreciate the confidence you have placed in me,
If the Court is responsible for appointing this attorney from Creedmore Mental Health to represent the mother, I would vehemently and adamently object to this appointment. First, if the Court is, in fact, responsible for this appointment, then it would appear even to the average person that the Judge has already made up his mind. If the Judge has made up his mind, I would file a Motion to Recuse and ask him to step down and have another Judge hear this case; Second, the mother will be billed for the attorney's legal services and the mother should have the right to select whichever attorney she wants, not make her pay for an attorney chosen by someone else.
In Answer to your multiple choice "exam", lol,
1. I would have the former lawyer for the mother and the brother immediatley Appeal so that he does not allow the time within which to Appeal expire
2. No, not yet at least;
4. The evaluator made a serious mistake which could be very prejudicial to the outcome of the case. The evaluator should not be saying anything. They have the opportunity to speak when the attorney for the mother and brother cross examine the evaluator on the report he submits after the evaluation. Why is the evaluator making any recommendations at this point in time. I think they have eriously overstepped their bounds in making these comments ithout any substantiation.
Where is the psychiatrist who attested to the mother's legal mental capacity at the time she executed the Power of Attorney, Is anyone going to serve him with a Subpoena ? After all, that is what the issue is, Whether or not the mother had legal capacity to execute a Power of Attorney at that time.
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Live long and prosper, my friend,
Thank you, XXXXX XXXXX your very kind and heartfelt 'SPOCK' quote. I wish the same to you, my friend... "Live long, and prosper".
This response opened my eyes, perhaps more than any. You're right... this case has been predetermined. I fear,sadly, as the line may go, when Spock is dying, after wishing Jim the 'Live Long' wish... "I will do neither'.
The brother's brother in law... is a questionable person. 18 years ago, The brother knew, that his brother in law (and sister) would ultimately destroy him and his entire family. There have been strange accidents when the brother was visited by his sisters family resulting in 2 questionable deaths, one of which the sister and her entire family left the scene before help arrived. The brother will get a letter from the psychiatrist, but it will go before uninterested eyes. The brother must get a new judge. If there is any hope, the brother and mother must fight for their lives.
It is already tragic, what the mother is going through. There is no repayment for that. This has been an enormous learning experience for me, although one I would've preferred to live without. I have seen the best and worst in human qualities, and "...of all the souls I've met, hers (the sister's) was the least human..."
I will keep you posted.
Thank you, XXXXX XXXXX friend,
Good Morning, Eddie, Why are you up so early ?
There are certain things which must be done immediately and if I am repeating myself, it is with good reason:
1. The psychiatrist's testimony is indispensible to the mother's case of legal capacity and I am afraid that a letter will not do the trick. He must be served with a Subpoena to come into Court to testify, better yet, he should be called as an Expert Witness. The mother will have to pay him as an Expert Witness, but it will be worth every penny in light of how I see the cards being stacked up against the mother and the brother and the consequences to be suffered by the mother if the daughter wins.
2. The mother should immediately dismiss the attorney that has been assigned to her from Creedmore Mental Health;
3. The Evaluator should also immediately be objected to as already having formed an opinion. And, most importantly, if the trial has not even started and the Judge has not even bothered to question the mother himself, then it is extremely premature to have an Evaluator in the case.
What I see is that too many people have presumed that the mother was and is legally mentally incapacitated without any evidence, without any proof, without any questions being posed to the mother.
4. This should be number one on the list of priorities - File an Appeal on the ruling dismissing the attorney for the mother and the brother and any ruling requested by the Evaluator to keep the mother and the brother apart during the trial. That is absolutely ridiculous and also tends to confirm that everyone has already made up their minds about the mother's legal capacity. Otherwise, the trial is going to make a mockery of "justice", or lack thereof..
5. Find a little more evidence of the Judge's predisposition that the mother lacks legal capacity and file a Motion to Recuse. Even if he denies the Motion, they should take very meticulous notes during the trial proving the Judge's predisposition and that, too, can be appealed, i.e., that the Judge should have recused himself from the very beginning
6. The attorney should object to everything because I do not see a result favoravle to the mother in this trial. Therefore, by objecting to almost everything, the attorney will not have waived anything for Appeal. My basis for this statement is the principle that if a party does not object to an issue at the trial level, he cannot thereafter raise it for the first time on Appeal.
Unfortunately, there are too many malicious individuals whose souls are less than human. Lest there be any confusion and be labeled a pessimist, I have to preface anything I say with a statement that these are the thoughts of a very sad realist, seeing people and things for what they really are and not as I hope they were.
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Andrea... you are right on target. Unfortunately so is the phaser of my sister's lawyer, and it isn't set to stun. But, even a Kleon would respect his mother. In fact, most people have a heart for elderly mothers. If the mother is forcibly removed from her house and her son, the daughter will have won. I would like to know what?
I wonder... Is man basically good? I used to think so.
Hi, Eddie, The word is "Klingon" as in, Lt. Worf, the Enterprise's Chief Security Officer, is a Klingon,
Is man basically good? Too philosophical and really cannot be answered with a "Yes" or a "No", I would say, maybe, at some point in time, man had the potential to be good, but most found that screwing others was an easier way to get what he wanted and so threw his potential goodness to the side in favor of personal gain without any personal effort. Those few who chose to cultivate the goodness within are in the minority. As Spock said, when he was sacrificing his life to save the ship, "The needs of the many, outweigh the needs of the few". But he meant it in a different way - That sacrificing his life did not matter, if that sacrifice benefitted the many lives that were being saved.
You hit the nail on the head also when you said, "most people have a heart for elderly mothers" (Not all people). And, the sister is not in the "most" group.
You are not keeping up with new developments and designs, my friend. A weapon of Phased Energy Rectification (Phaser), regardless of whether it is set to stun, or to disintegrate can be immobilized by a weapon of the NX class which fires much greater energy and at a longer range and can be set to fire on multiple targets at once. I see this as a great advantage - Take cover, fire from a distance which a Phaser cannot reach and fire at multiple targets at once, the sister, the lawyer, the Evaluator, and possibly the Judge. It all depends on how the NX class weapon is used. In order to succeed, one has to think positively, charge full steam ahead, use the element of surprise, and aim and fire on multiple targets at once. One can continue to think positively while taking all the steps I outlined in my previous Answer because there is still the Ace - the Appeal where the Judges are more rational and much less likely to be paid off. But, one has to work quickly.
Lastly, you stated "...the phaser of my sister's lawyer.........." Are you the brother ?
Live Long and Prosper,
Ooops... In any case I like your plan. The trick is convincing these new lawyers to utilize it. OK... for simplicity, let me talk in a first person setting 'as if I'm the brother'. Should I just tell the new lawyers I'm the boss, and this is the way I want it done? Should I give you credit? You know Andrea, I am a songwriter. My attorney for plagiarism #1 said, "I'm not going to let you blow this case.". Well, I let him blow it with his dumb plan. Then there was hit song # XXXXX 90 % stolen from me. In both cases, I had the ability to prove access, latch, and content duplication. In the 1st case, the judge did not give me the chance to prove it, and in the latter case, I called the new attorney for an update, it seemed he had no recollection of what I was talking about... Complete amnesia for which he recently apologized. Andrea, they were only songs, and I've written far better than those 2. This recent case is 'my mother' (talking as if in the 1st person from now on). There is only one mother. What I am saddest about is the way she has to spend these golden years. A settlement??? I cannot voice my opinion on the internet, but you can.
Good Morning, Eddie,
The website has been experiencing major technical problems for the two days now and we could not access any questions, old or new, otherwise I would have gotten to you sooner.
First, Thank you for the Excellent Service rating and the bonus. You were once again both generous and kind.
Second, don't worry about misspelling "Klingon", You have my word, I won't tell a soul.
Now, down to the issues. In your last reply, you stated:
"In any case I like your plan. The trick is convincing these new lawyers to utilize it.........."
I guess I would be correct then, if I said that my suggestion Number 4, to immediately file an Appeal on the ruling dismissing the attorney for the mother and the brother was not considered.
1. Who are these new "lawyers" ?
2. Which party do they represent - the mother or the brother ? (If they represent the mother, what happened to the lawyer from Creedmore ?
3. Does the brother have a lawyer ?
Some lawyers are very egotistical, so if I might make a suggestion, do not come right out and tell them, "I'm the boss and this is how I want things done". I think it would be better if you said something like this,
"Let me give you a brief summary of what has happened and enumerate the issues which must be immediately addressed. I am not playing 'lawyer' or trying to usurp any authority here, but after discussing this matter with my mother and a friend of mine who is well acquainted with this case (and with the upper echelon of the Enterprise) (Just kidding), there are certain issues which must be resolved now because they will set the ground rules for everything else that occurs in this case.
1. First, the mother and the brother should not be separated during the trial, as was requested by the sister and her lawyers because it would be conceding most of the case to the sister an it would be an admission that the mother is incapable of thinking for herself and that the brother controls the mother; if the Judge has already made a ruling on this, his ruling must be immediately Appealed. Waiting until the end of the case will be too late. This is a final order because it will remain in effect throughout the trial. It is not an interlocutory Order which must wait until the end of the trial to file an Appeal.
2. An objection must be immediately made against the Evaluator because she has already made a decision on the mother's mental capacity, she joined in the demand to separate the mother from the brother during the trial, and she has made up her mind as to the mother's mental capacity without ever having evaluated the mother;;
3. The psychiatrist who evaluated the mother when she signed the Power of Attorney must be brought in as an Expert witness immediately. He can also evaluate the mother's present legal mental capacity;
4. Diplomatically, ask the Judge to immediately question the mother himself to see for himself that she is not mentally deficient in any way;
If the mother is still represented by the lawyer from Creedmore, then that should also be on the list of things to be done immediately. An objection must be made immediately for the reasons I had specified in my previous Answer!
When Number 3 and Number 4, above, are requested immediately, this may eliminate the need to go any further with the trial and the mother will be spared having to testify against her daughter and, more importantly, she will not have to listen to her daughter testify that the mother is mentally incompetent or deficient."
I believe that speaking to the lawyer(s) in this fashion will go a long way. If you see that they are not following this format, then you can be a little less diplomatic and say something like this,
"Maybe I didn't stress the importance of these issues enough and I may not have been clear enough by what I meant by "immediately". These issues must be addressed now before we proceed any further".
As for a settlement, that would be wonderful, but from your description of the sister, and considering that she is financially motivated to gain access and control over whatever assets her mother has, I do not think that she would accept anything less as a settlement. As for voicing an opinion, trust me, you have more freedom to voice your opinion than I do in this forum. If I wrote what I really thought, I have no doubt that the S.W.A.T. team would descend upon me faster than warp 10. As for giving me credit, do not give me any credit. I want you to take the credit and I really think you should just to put the sister in her place. They are also questioning the brother's mental capacity to a certain degree and, therefore, it is important that they see the brother expressing himself clearly, presenting the issues and explaining their importance and the reason for their importance.
Live long and Prosper, my friend,
You have got a great sense of humor, Andrea. I love the 'Trek' references. Now, the good, the bad, and the ugly... (*written as if in 1st person.... may, or may not be):
*Not having my own lawyer, until this evening, I have made decisions on layman's logic. Fact is, I took your advice, bringing mother to the precinct, but the officer refused to fill out a report, stating the ineligibility of the civil status of the case. Next, a lawyer for my mother, referred to by our ruled out lawyer, came to the house to ask my mother questions. He felt it best for the Creedmoor guy to be her lawyer. I don't know why, because mother is quite with it. Creedmoor guy came today and clearly expressed to me that she belongs with me. Evaluator guy is scheduled to come in a week. He will evaluate mother, while I remain completely out of the house, and then he will evaluate me. Mother's lawyer feels after judge hears 2 good evaluations, the case will close in my mother's favor, because regardless of all the gobbledygook, and the Klingon type lies (or do Klingons never lie?), that sister wrote to assassinate and defame my good character, the issue at hand (guardianship) will have been resolved. Funny, my sister's case against her own mother, is built upon a bag she puts in my hand, of bag penetrating neutrons (the bag remains empty). Sadly for her pathetic little soul, she has NADA on mom, and an empty black bag for me...
I have what you guys call 'PRIMA FACIE' evidence, I think. It is a letter she wrote to me, about a year and a half ago, admitting her financial concerns and yearns, and admitting that 'hubby' can't hold a job (any more than that neutron penetrable bag can hold neutrons).
I feel a simple slogan is good, like 'The proof is in the pudding'. "Look at us, your honor, how 'we doing? We are very comfortable and happy. Your honor, please note, this 'PRIMA FACIE' evidence. It clearly demonstrates motivation based on my sister's need for security and money, when one considers the timing of my sister's actions with the synchronization of the sale of my aunt's house. Now is not the time for any kind of allotment to be granted to my sister. And, most importantly, your honor, if my sister were truly interested in the welfare of her 87 year old mother, would she allow her mother to go through the riggers of a trial? Does my sister truly feel there is a far sweeter pudding awaiting her in a nursing home, than in her own home, where her loving son plays her favorites on the piano, and all of her son's friends are her friends, her supporters, and love her as a dear friend too? Your Honor... the proof is in the pudding."
Thank you for the "Excellent Service" rating and the Bonus. You are not only thoughtful, generous and kind, but my match (almost) in Star Trek lore, LOL. Your Trek references aren't too bad, either. I never thought of myself as a Trekkie, just a keen observer who amasses useless trivia.
Did you say I have a great sense of humor ? Nobody gets my humor; so you must be not only brilliant, but you also have good taste.
Now, in Answer to your most important question - "Do Klingons never lie ?" No, it is the Ferengi who lie, all in the name of commerce and to increase wealth through commerce.
In a speech by Klingon Admiral beragha zantai qlIStIy, he said, among other things,
"...Klingons do not lie . That is a known fact. To lie would be to dishonor one`s self. If all Klingons do not lie then no Klingon would be expected to lie.........."
"We Klingons will tell the truth because we expect the truth and will treat one with honor because he expects Honor. If this is not the golden rule in action then what is?" "...Lie to a Klingon and be forever dishonored. The dishonored have no expectation under the golden rule. Lie even once and you will never deserve the truth again!! This above all is the meaning of the Klingon proverb: ..........."Speak wisely or do not speak at all........."
"As a Klingon, each action you make, including speaking, holds a great prize in the balance. Your reputation, your life, your very being is at stake with every word or deed.... 'Act wisely or do not act at all'. The foremost Klingon wisdom is that of honor...'Act honorably or do not act at all'. Is this different from do unto others as you would have them do unto you?" "Each of us must find our own honor in this life. We must not forsake the honor of our most noble Klingon race........."
Returning to the Twenty-First Century -
1. I am glad you took your mother to the police to file a report. I told you that they would say it is a civil matter, but that is okay, because there will be, or should be, a record of her attempt to file a police report;
2. I do not see the rationale of the former lawyer approving the Creedmore Attorney, especially since he was appointed by the Judge.. As for giving the mother a positive evaluation, just make sure he does not make any changes at the last minute;
3. I agree that the Judge should dismiss the sister's case when he receives two favorable evaluations and this is why I was strongly suggesting that the first order of business should be to have the Judge question the mother. However, two favorable evaluations are just as good, just keep an eye on the Evaluator because I do not trust him. Keep in mind that he sounded like he had already made up his mind about the mother's legal capacity and without ever evaluating her, he initially and quickly made the suggestion to separate the mother and the brother during the trial.
4. I would introduce into evidence the two Florida cases, representing the sister's two failed attempts in another Court and in another State to declare her mother mentally incompetent.
In fact, the mother's lawyer should absolutely introduce these dismissed Florida cases brought by the sister and the lawyer should argue that the sister's present case should be summarily and immediately dismissed on the Principle of "Res Judicata". This is the civil equivalent of the principle prohibiting "Double Jeopardy" in criminal matters. The Principle of Res Judicata prohibits a party from relitigating the same case involving the same parties and the same issues, simply because they did not like the result achieved in the Court in which the case was first tried.
5. If I remember correctly, I had suggested that the sister's finances be investigated to show what her real motives were and that she was always motivated by her mother's money; So, you can understand how really glad I am to hear that you found a letter from the sister telling you of her financial woes and her husband's inability to hold on to a job.
6. I think the appropriate statement to the Judge is, not "Look at us, your Honor, How we doing?", But rather, "Look at us, yo' Honor, How we doin', yo' Judgeship ?" (Just kidding, please do not say that to the Judge and then say that a female Attorney whose name begins with "A", told you that's how Judges want to be addressed);
7. I sincerely XXXXX XXXXX the mother and the brother should pursue the sister by filing a lawsuit against her for slander and defamation of character. She has done tremendous harm to her mother with this lawsuit and hurt her deeply. I can only imagine what the poor mother would be feeling if she had to listen to her daughter take the stand and tell all sorts of lies about her mother's mental incapacity.
8. Your closing paragraph is fine, but I would stress the sister's lies, not the fact that she filed a Petition to declare her mother incompetent, and here is why - There are thousands of cases where a child is actually taking financial advantage of a parent and another child sees this so he or she will file suit to remove the abuser from the mother's life. These actions are brought in good faith because there really is abuse. Therefore, I think it is more important to stress the very real fact that the sister brought this action in bad faith because she based her entire case on fabricated stories and you can easily prove bad faith because you will have introduced the two Florida cases which she brought for the same purpose and which were dismissed.
Please keep me apprised of the progress of the case and Please let me know how the Judge ultimately decides the case,
Thank you, XXXXX XXXXX now have a whole new perception of the Klingons. They are an honorable race, yet (again this is my perception) they will fight to the death, if they feel, or perhaps I should say, if they know they are right. It is good to be sure of oneself in one's field of expertise, if that expertise can be vouched for by many others. I believe that competence is something that must always be proven. For example, a great violinist may lose digital (finger) dexterity with age. That violinist should always be thought of as a great violinist, but should no longer perform if the deterioration of dexterity is severe enough.
*I resent (*1st person verbiage utilized again) my sister's lies. I always felt that should be the main emphasis of my communications with the court. So, here now, the new revised summation would probably be:
Your Honor, 'The proof is in the pudding'. "Look at us, your honor, how are we doing? We are very comfortable and happy. I will now present to you, your Honor, documents to prove 3 things:
Maybe a little better? :)
Hi, Eddie, Yes, the Klingons are an honorable race and the highest honor they can achieve is to die in battle, something the Admiral forgot to include in his speech,
As for your summation, if I might make just a couple of suggestions,
I would not use the term "Prima Facie case" because in Latin, "prima facie" literally means "at first face", "at first blush", "On first impression", In other words, a prima facie case is one that, upon first impression, shows the Court that the Plaintiff's evidence is strong enough to justify the commencement of an action keep. However, the Plaintiff's facts and evidence . are only a rebuttable presumption which the Defendant may "rebut or refute with his or her own facts, evidence and testimony,
I would say something like this,
1.First, this case is Res Judicata. Ms. _______ filed two similar Petitions inthe _________ Court of _______ County, Florida and in the ______________ Court of _____________ County, Florida. These two Florida cases involved the exact same issue and the exact same parties. Both Petitions were dismissed.
It is abundantly clear that the sole reason for bringing the present Petition which is before your Honor, is because Ms. _________ did not like the outcome of the two Florida Petitions so she decided to try the New York Courts to keep.
If I may, your Honor, I would like to hand up copies of the decisions in these Florida cases in which Ms. ____________ Petitions were dismissed. I'm playing
The well settled principle of Res Judicata which governs this case, prohibits a party from wasting the value time of the Courts by bringing the same action against the same parties, involving the same issues, over and over in different Courts simplybecause they do not like the outcome and refuse to accept the decision.
When this did not work, Ms. _____________ resorted to makin allegations of ___________ with the Largo Police Department which thoroughly investigatedthese allegations and dismissed and closed the files on this.
2. Ms. _____________ ‘s motives are purely self serving and do not relate in any way to any concern, sincere or otherwise, for her mother's wellbeing. Ms. ___________ ‘s reasons are purely financial up. She has run out of her own money, her husband refuses to work like the rest of us, and so they saw ______ as a seemingly "easy target". She has already admitted to others that she was going to place her mother in a nursing home as soon as possible at
Your Honor, if I may, I would like to hand up proof of Ms. ____________ financial situation.
(Hand up all evidence of her finances)
3. The third ground as the basis for dismissal of her Petition is the Petition itself which contains only the fabrications of Ms. ______________
(Show various instances upon which you have proof of the lies)
Educator, Esq: Follow up question: Is the following
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