Tuesday, March 20, 2007


Monday, September 26, 2005

Sequence of Events

Sequence of Events

for

Russell and Twyla Finch Oaks vs. Public Administrator

Case No: G23374

Dept. A

As of May 1, 2002

Date

Event

Apr 97

Frances and Attorney Don DeLoach create a very extensive Power of Attorney (POA) giving Twyla rights to do anything for her or in place of her for anything, regardless of whether it is for Frances or not.

Jul 15, 97

We take possession of house at 7196 Mira Vista St., Las Vegas, NV.

Nov 97

Frances diagnosed with early stages of Alzheimer’s.

Up until mid August 2001

Frances is fully functional to feed, bathe, and clothe herself during this time frame, including having full hygiene control. She was having brief periods of memory loss and disorientation.

June 99

We start lawsuit against seller of our house, home inspector, and realtors, for, respectively, failure to disclose, collaboration, and gross misrepresentation.

Sep 4, 99

Twyla has full Hysterectomy.

Sep 99

Frances hires Barry Levinson to stop our suit, draw up her will and have the paperwork necessary, a Quit Claim Deed, to allow Twyla and myself to be added to the house, drawn up. Her intention is that we each own a third of the house.

Apr 00

Twyla has 8 straight days of Allergy testing.

Apr 27, 00

Twyla has been taking weekly allergy shots (ongoing today).

May 24, 20

Twyla diagnosed with severe Systolic Murmur and Aortic Stenosis.

June 6, 20

Twyla has Septoplasty.

Sept 19, 00

Victoria (oldest daughter) has Tonsillectomy, Uvullectomy, and Allergy Testing.

Oct 2, 00

Victoria begins weekly allergy shots (ongoing today).

Dec 7, 00

Twyla has breast lump discovered by Doctor.

Dec 20, 00

Twyla has initial breast lump biopsy.

Jan 11, 01

Twyla has second breast biopsy.

Feb 6, 01

Twyla has her first Epidural Spinal Block – outpatient surgery.

Feb 15, 01

Frances floods house during middle of night. Bent faucet and left water running. USAA claim made, over $10,000 damages.

Feb 15, 01

Took Frances to Morning Glory Nursing Home during tenure of repair.

Feb 22, 01

Twyla has her second Epidural Spinal Block procedure.

Feb 26, 01

Twyla learns she has had a mild heart attack.

Mar 1, 01

Twyla has major palette, uvula, and throat surgery.

Apr 9, 01

Twyla has potential cancerous lesions removed (moles).

Apr 15, 01

Brought Frances home from nursing home.

May 10, 01

Twyla has Breast Lumpectomy.

Jun 5, 01

Twyla has third, more complicated Epidural Spinal Block.

Jul 19, 01

Twyla has second Breast Lumpectomy.

Aug 14, 01

Frances suddenly stops being able to use bathroom properly, starts using depends.

Aug 28, 01

Twyla has trial back implant surgery with wire leads extending from open holes held with temporary stitches, in her back.

Sep 7, 01

Twyla has temporary system removed.

Sep 8, 01

Frances floods house again by causing her toilet to overflow.

Sep 20, 01

Twyla has permanent implant surgery in her back (electronic leads that run 75% of the length of her spine to her tailbone and transmitter implanted under her skin). 63 staples and 200 stitches at this time.

Sep 28, 01

Twyla finds out that her implant equipment is not functioning correctly

Oct 2, 01

Twyla has unscheduled emergency corrective surgery.

Oct 6, 01

Frances floods 1 fourth of house from toilet overflow.

Oct 14, 01

I pull ruined carpet out of Frances’ room.

Oct 18, 01

Frances walks outside gate, fully clothed, Mother and Daughter neighbors who go on two to three daily walks (rounds…) trespass onto our property, walking approximately 100 feet to where Frances is standing. The daughter knocked on the front door of our house and asked Twyla if she knew there was a “lady” standing outside of the garage. Twyla runs through house, opens the garage and finds Frances sitting down, curled up in a ball, in the dirt. Twyla explained, at this time, to these ladies that Frances had Alzheimer’s Disease and that she herself was recovering from major back surgery. The ladies say they only want to help. They do not help Twyla pick her mom up even though Twyla has just had back surgery.

The oldest of the two ladies continued trying to talk to Frances and seemed perplexed that Frances was not responding.

Oct 23, 01

Shelley Henderson, from Clark County Senior Services, comes to our house unannounced. Deliberately, after driving back and forth in front of house several times, she parked across the street in front of someone else’s house and walked across the street and up our long driveway to the front door. This, looked like very strange activity so soon after Sept. 11th attacks, and since the guard gate did not call, I did not answer the door (Which, I did not think it was against the law not to open the door!). We called Shelley two times that day (she had left her business card at the gate) to inquire into the nature of her visit. We left messages each time and were not called back.

Oct 24, 01

We leave house at 7:45 am. We get call from Shelley at 8:12 am trying to set up an immediate meeting. Shelley schedules a meeting the next day at 2:30 pm – we agree. We go to Home Depot, for first time since Frances flooded the house the second time, to look at floor tile and linoleum sheets. We go to Twyla’s Dr.’s appointment to have staples removed and meet medical equipment technician that had flown in especially, and only for, Twyla’s equipment start-up. Lisa, a metro detective, calls from our driveway asking to get into the house to see Frances. I tell Lisa she can’t get in to see Frances until we return from the Dr.’s office. Lisa says she will break in door if we are not back in five minutes. Only after contacting our Attorney’s paralegal, and her subsequent pleading, did Lisa allow us 45 minutes. Twyla meets uniformed policeman, Lisa and Shelley at our house. After stripping Frances’s clothing and fully inspecting her body, Lisa tells Twyla there is obviously no evidence of neglect or abuse. Policeman is asked to leave – not needed. Shelley and Lisa interrogate Twyla. Entrapment is attempted by both. Frances is taken to Hospital for observation against her will. We see our attorney Barry Levinson for advice. We go to hospital to see Frances.

Oct 25, 01

We find out that Shelley and the hospital case worker are trying to have Frances assessed for placement at an “assisted living” home and LOC assessment done for Medicaid. We refuse to allow any assessment to be done and state again that Frances does not need Medicaid assistance. We made arrangements prior to going to the hospital for Frances to go to state licensed home. We are told by Social worker at hospital “that Metro will be called in and we will be arrested if we attempt to take Frances from the Hospital.” They backed down when we asked them to repeat this to our attorney. We take Frances to Golden Sunshine Alzheimer’s Home (Eugenia’s). We sign one-year contract with Eugenia. Eugenia bathes and washes Frances, for the first time since Frances left our house (Hospital worker performed hand and foot sponge bath that we observed, but nothing with her hair, even brushing), Eugenia says Frances had no “matted hair,” as is alluded to in report. Also, when we arrived at the hospital, we noticed Frances had been heavily sedated with Ativan – to calm her down – we were told. Frances is catatonic (cannot speak, walk, or open eyes, as she was doing when she was removed from her home) and has to be carried.

Oct 26, 01

We go by and visit Frances. Shelley calls, demands coming into “the home” to obtain a list of finances and assets and signing of Medicaid forms. Shelley also goes to Eugenia’s to interrogate Frances and searches all of her belongings. Frances is still in catatonic state.

Oct 29, 01

We meet Eugenia and Frances at Dr. Berberabe’s office, mainly to make sure the catheter the hospital had inserted and refused to remove, was removed, as this had been creating a great deal of pain for Frances and to make sure Frances was ok from the Ativan she had been given the previous Thursday (Frances was still groggy up to this point). Lisa calls me about Shelley’s divulgence meeting. I tell her to call my attorney. Our attorney calls and sets up meeting. We ask Lisa why our contract with Eugenia is not good enough? We are told they need to find out if we have / are purchasing luxury items with her income and if we are living large.

Oct 31, 01

We meet Shelley and Lisa at Barry’s office, will not divulge financial information, especially after they try to trick Twyla into signing a full information release (they called it a “medical only” release). Barry says we will be glad to set up trust through his office to care for Frances at the home where we signed a private contract. Lisa says, “that is completely unacceptable” and that we are “Livin Large off her money.” Barry says “Bring on the DA.” Lisa states she will still be investigating. We pay $3000 retainer.

Nov 13, 01

Twyla has stat meeting over possible blood clots. Twyla finds out she may have a type of bone cancer.

Jan 14, 02

Public Guardian has subversively visited Frances. After they woke Frances up, she told them to “get the hell out of here! Leave me alone!” According to Eugenia, the PG was with Frances for no more than five minutes.

Jan 15, 02

Temporary Guardianship is levied, Ex Parte. Our attorney of record, Barry Levinson was not notified.

Jan 16, 02

Twyla inadvertently called Eugenia who told us, by the way, Frances was visited by the Public Guardian’s office. We call Barry Levinson to inform him of Monday’s visit and he says to bring in $3000 and he will file for Guardianship. We call Bill Frantz.

Jan 18, 02

We receive certified mail at 4 pm that temp guardianship had already taken place, Ex Parte. Call Bill Frantz again. Find out that temporary guardianship hearing extension will take place. We find Elder Law specialist, Jill Hanlon, and set up appointment for the 22nd.

Jan 22, 02

We meet Jill. We are advised not to go to the hearing because we may be asked questions. We pay $1000 retainer.

Jan 23, 02

Jill goes to Temporary Guardianship extension hearing. Extension is granted and the opposition hearing is set for Feb. 13th. Jill learns of 10 page police report and asks for a copy. She tells us it is refused at the time but they promise Jill to get it to her later in the day. She waited the remainder of this day to have it faxed from Goldsmith and Guymon’s law firm – it never arrives.

Jan 24, 02

Jill calls Lisa Teal, (the detective who was at our house in October and the same one that drew up the report) and is promised that she can have a copy directly from metro’s record dept. Her runner goes down to pick up report and it is refused. Jill tells us that we have been offered to negotiate on behalf of attorneys for Public Guardian – provided that it was understood that we definitely gave up Guardianship of Frances’ person. The only thing that could be “looked at” was Twyla possibly having Guardianship of Frances’ estate.

Jan 25, 02

Jill tells us she recommends we negotiate, because of the horrific nature of the report (also, she warns us that criminal charges could be brought against us if we opposed the county). That this would be our best hope. We told her we would not negotiate because we had done nothing wrong – she was told we would refuse any negotiation without seeing the contents of the report. Jill tells us that we can go down to metro and get the report. We do so, and it is refused to us. We told her we would be willing to just look at a copy of the report – we were told we could not do this. The public Guardian files criminal charges against Twyla and I for abuse and neglect.

Jan 28, 02

We are told we would have to file an opposition in order to have the report subpoenaed, and that if we did that and lost, we would be charged with double damages. She was still insisting that we negotiate – we refuse. We told her that we would fight against this. Twyla asked if we fight and win can the Public Guardian (PG) appeal – she was told yes. Twyla then stated – so in other words, this will never get out of family court whether we appeal or the county does – Jill said “that’s right. We will go back and forth with appeals on this until your Mom’s death.”

Jan 29, 02

She told us that she could file the opposition and subpoena the report and we could use her firm’s litigator, or bring one in from out of state to work with her firm, or find another litigator locally. She again insisted that we negotiate – we refuse.

Jan 30, 02

We call Jill to ask about our case and she brings her litigator, Mr. Lemkool in to speak to us, via speaker phone. Mr. Lemkool states that we must pay a $30,000 retainer up front in order for them to take the case. I asked why Jill couldn’t simply file the opposition and subpoena the report and then we could decide which direction to go. We were told that even in order for them to make the first move, we would have to pay the 30K. We are again advised that negotiation would be our best bet. We are told, “The Public Guardian is our friend and will amicably work with us, just like they do with everyone else.” Meanwhile, the PG receives a faxed copy from the DA’s office that the criminal charges were filed.

Jan 31, 02

We call Steve Gibson at Santoro and Driggs to handle our opposition scheduled for Feb 13. We have counsel of Beth Wachsman, Chris Austin and Steve. Beth will be our family court counsel. We pay $2500 retainer.

Feb 1, 02

We receive notice that all Frances’ mail has been forwarded to Public Guardian.

Feb 4, 02

Direct TV service is turned off.

Feb 12, 02

Beth Wacshman calls the opposing attorney, Shelly Krohn and asks for an extension of one week. This is granted and the hearing is set for Feb. 20th. Twyla and I ask why she asks Shelly Krohn for an extension and not the court. We are told that this is the normal procedure. The police report is subpoenaed from the metro police department, after we tried numerous times to get it. This is the first time we have read the report. This two page report is a complete lie other than the fact that we went to Twyla’s Dr. to have her Spinal Cord Stimulator calibrated by a technician who had been scheduled three weeks earlier. In this report, we are referred to as “Mr. And Mrs. Oaks,” “Mr. And Mrs. Rogers” and Twyla is referred to as “Officer Oaks.” How can this be admissible in any court?

Feb 13, 02

Commissioner Henry goes to Judge Voy and the Public Guardian is granted “General Guardianship” because temporary guardianship ran out. We know from reading the law that temporary guardianship can be extended past 40 days. We are not aware that any court activity takes place this day. This was the day that had been rescheduled for Feb. 20th. How did this happen? Why wasn’t our attorney notified, even if this was done Ex Parte? Why did Commissioner Henry go to Voy? Who requested it? Why was there no notice of this until after this very important step was taken – in complete silence.

Feb 14, 02

We are told that we need to prove that we did not abuse Frances’ finances and do so. Beth prepares a 120 page opposition and provides this to the court.

Feb 20, 02

Beth, Chris, Twyla, Russell, Frances, the PG and Shelley Krohn show up in family court to oppose guardianship and to call for an evidentiary hearing. Our opposition brief is read over by Commissioner Henry and she sets the hearing out for May 2. At this time, Shelly K waves papers around and says all should be moot because of the criminal charges against Twyla and myself, and that we would be found guilty and would not be able to be guardians anyway. Beth then said that we were not trying to obtain guardianship, just to have things returned to normal. Beth then said we were never notified of the criminal charges and that the PG’s attorney was not sharing info. Henry then asked Twyla how she was paying for the house note. Twyla answered and Henry instructed Twyla to continue to pay the note, and to continue to protect Frances’ finances. Henry also tells Krohn that any misconduct will induce sanctions. Henry then states that she will extend the current guardianship. We are not aware at this time that “general guardianship” was already awarded. Also, Shelley claims that the POA Frances signed in 97 was invalid and that Twyla had acted illegally in using that POA. Her claim is that Frances was incompetent at the time.

Feb 21, 02

We find out that criminal charges were indeed filed by the DA’s office and that metro had warrants out for our arrest. We were told at this time to seek criminal legal help. We are positive our home phone is tapped.

Feb 22, 02

We met with a criminal attorney at Santoro’s office and he tells us that this kind of thing happens all the time in Vegas. That the DA office always plays real dirty. He also told us we should turn ourselves in, get booked, post bond, and plea bargain (if we did not want to spend a lot of money…). We absolutely refuse to do this. Santoro and Driggs present us with an additional bill for $9000 and say they will need a total of $15000 to continue. We ask for itemized bill and never see one.

Feb 27, 02

We are notified by phone of a bill of $15000 from Santoro and try to locate funds. We again ask for an itemized statement.

Feb-Mar

The PG closes Twyla and Frances joint checking accounts and makes them deposit only. These accounts are right of survivorship, have been established for 32 years and contain federally deposited funds. Twyla is never told any of this. We ask Beth how this can happen and Chris asks Shelley if she can do that.

Feb 28, 02

We get mail from PG’s office stating that they have “permanent guardianship” of Frances. We ask Beth how this is and she writes Shelly a letter. We get no answer from Beth on this. We also receive numerous threats about turning in our car to the PG’s office, even though the primary signor is Twyla.

Mar 1, 02

We receive notice that Santoro will file to drop us as clients on Mar 27 if no payment arrangement can be made.

Mar 6, 02

We decide to go to Atlanta to try to raise funds to pay attorney’s costs. Our children are in year-round school and have three weeks off for track break and spring break. We have still not been served or officially notified of any criminal charges. We were however, in great fear every day that the metro police dept. would show up and arrest Twyla and I at a time that our children would not be able to get to any of our friends homes and that Social Services would place our children in a home of some type. We saw no reason that they would not try to use every leverage, legal or not, to get to us. When we told Beth we would be going to Atlanta to try to raise funds, we received a notice her office that they wanted payment by Mar 20.

Mar 8, 02

We go to Atlanta, taking our car’s lease contract with us.

Mar 20, 02

We were unable to pay by the 20th and everyone but us was in the family court while SD dropped us and asked for a judgment against us.

Apr 1, 02

We find out that a notice was placed on our door stating that that the property had been sealed and was under police surveillance.

Apr 3, 02

We find out that an eviction notice has been placed on the door of our house. The notice states:

Three day notice to quit, to wit – and vacate premises. Incident number LLZ011024001055. You have suffered, permitted, or maintained a nuisance as or about said premises by following conduct “disturbance metro called.” Your failure to leave said premises will result in unlawful detainer 3-26-02. Public Guardian’s Office 702-455-4332.

We immediately called Metro to find out what was going on and were told that the incident number we gave them related to October 25 of last year. We find out later that day that Ron Crawford, the initial case worker for Frances is retiring and will be replaced by Sean Roberts. We find out that Ron will be leaving on Apr 26 and that Sean will be the new rep. We feel that we definitely can’t afford to fight this any longer, and feel our house was broken into. I asked Ron why he was leaving. He stated that he was getting too old for this kind of stuff.

Apr 4, 02

We call Barry Levinson’s office and ask them to file the quit-claim deed Frances previously filled out and to let us know if there was any problem. We were told that everything went through with no problem.

Apr 5, 02

We call Bill Franz for advice – he says try to negotiate with the PG’s attorney since we are not under counsel. We call Shelley and tell her we want to negotiate – we will give up opposing the PG’s office and sign over our two thirds of the deed for the house in return for the contents of the house and having the criminal charges dropped. I am told that that would be great – we certainly don’t need to waste Frances money by having to bill it for more legal fees, but that the charges were a separate matter. However, if the DA’s office knows you want to negotiate, they will probably forget about the charges. Anyway, that is what happens most of the time to people who initially oppose guardianship, and later relent. Let me call my client and I will let you know what they say. I also asked Shelley at this time how the PG’s office was able to break into our house. I was told that the guard gate had called the PG and told them that we had vacated the house and had taken items from the house. We started trying to call Commissioner Henry and were using 411-information. We were told that Henry worked for the DA’s office.

Apr 6, 02

We get a call from Sean telling us we will be allowed to collect our clothing and toiletries from the house and should do so very quickly. I asked where he was calling me from and he said from the field. I asked if he was in my house – no answer. I asked have you been in my house – yes. I asked how did you break in to the house I legally and equitably own – no answer. I told him that we were attempting to negotiate. I was told that Shelley told the pg that we only wanted our clothes. I told him we wanted all the contents not the clothes. He asked if we had receipts for all of our items and I told him of course not. Not for everything in the house. “Well, we will need a receipt for each item you are claiming or an affidavit from an individual who gave you an item as a gift.” I asked him what if the person who gave my wife and I a wedding gift had died – he said “too bad.” We also found out that all our locks had been changed and that our house had been appraised.

Apr 10, 02

I called Shelley - no answer for a few days. I finally talked to her and was told that the PG’s office was given general guardianship of Frances on Feb 13. I asked how that was done since an agreement had been made with my attorney to continue that date to Feb 20th. “Well we had no choice but to get the temporary guardianship changed to a general, since there is a legal limit of 40 days for temporary guardianship.” I said I had read that statute and it clearly stated that temporary guardianship could be extended if necessary. She said she disagreed with my reading of that law. I asked how this took place she said Judge Voy stamped it. I then asked how could Voy stamp something like that when commissioner Henry had chaired every hearing? Well, Judge Voy always does whatever Henry suggests. We feel that this was an illegal act. I also asked again about negotiating and was told I would need to work this out with the PG’s office. I was also informed that Krohn had initiated a hearing to vacate the evidentiary hearing that would take place on Apr 17. I asked her why she had done this and she said she had done so because of the belief that we had vacated. I mentioned at this time that we had received all the minutes from each hearing and that no mention of the type of guardianship changing fro temp to general had ever been made.

At this point, we tried to negotiate with the PG’s office and were told we would need to contact their attorney. We also called the guard gate, trying to find out why they told the PG that we had vacated our house. The person I spoke to said that no one at the gate reported anything.

Apr 11, 02

We called Barry Levinson’s office and spoke with Toni Hanson, his paralegal. We asked if they (Barry and Toni only) could represent us with trying to negotiate for our initial terms and representing us at the Apr 17th hearing. They agreed. We sent 1500. We told them we were not interested in having this go all through the legal system – we can’t afford it. Toni told us that they would help us get all of our contents out of the house. We were also told at this time that we legally had 30 days from the date of the eviction notice to remove our contents.

Apr 16, 02

We are told by Toni that a Mr. Johnston from her office would be going to the vacate hearing. We left a message to try to get Mr. Johnston to call us before going to the hearing and was not called. We are also told that the 17th was changed to the evidentiary hearing, and that they had called the court to get a continuance and was granted one, and that Mr. Johnston would be going to the court regardless. We tried to stress the importance of presenting the quit claim deed and the documentation that shows Twyla’s 190,000 money trail going into the house.

Apr 17, 02

Mr. Johnston informs us that he is chewed out by “Judge Voy” and Shelley Krohn, because his clients (Twyla and me) failed to meet discovery guidelines (we had been trying to negotiate…) He was also told that we had been charged with not obeying the courts order to provide it with financial information. We had turned in all financial documents on Feb 20. He told us that Rachel Mizrachi would be handling this now. Where is Commissioner Henry (– of the DA’s office)?

Apr 18, 02

We asked Toni and Rachel about the new charges and rec’d no answer. We asked them also to please try to get the house ownership facts in front the court and the opposing attorney. We also asked if we could go in the house regardless since we have a registered deed and were told no. Later in the day, Toni tells me that Rachel had approached the PG’s attorney about negotiating and everything looked good. The criminal charges were being dropped and they would probably want us to prove Frances’ condition was ok in 97 when she signed the POA. Toni said Rachel would be in the office all day tomorrow and we should contact her to find out the details of negotiation.

Apr 19, 02

We try to contact Toni and Rachel all day with no luck.

Apr 20, 02

The pg is in our house, packing 125 boxes of our clothing and personal items.

Apr 22, 02

We find out there will be no negotiation from Rachel and she asks us where we would like our personal items which added up to 125 boxes shipped? I asked her what in the world had transpired? Rachel said that the PG had been in our house to help us pack. I asked her if these items had been inventoried and she said no. She also said that we should provide receipts of all the items in the house we intended on claiming. She suggested getting affidavits from people who had given us gifts for things like wedding gifts. I asked her again how this could take place when we owned the house and she said that the Family Court did not recognize the quit claim deed – only that the legal name on the deed at the time the proceeding started was Frances. I insisted that we get the deed and the financial information before the court.

Apr 24, 02

Twyla falls down stairs at house we are staying at and spends day wondering what to do about her implant. I called Toni and said that Twyla had fallen and may need an operation from her Las Vegas Dr. and if she would be able to recover in her own house. I was told no. Later this night I call Toni and insist again that the deed be presented. I asked if we could file Ex Parte for this (again) and was told - sure – for another $2000.

Apr 25, 02

I talk to Rachel and ask her why the deed can’t simply be introduced to the court and opposing attorney via fax and am told it has to be done this way. I ask about the deeds validity only being questioned and examined on the civil court level and am told that “in a guardianship case, the family court has jurisdiction.” I also ask her when the actual evidentiary hearing will take place and am told she got a continuance. I asked her what the new date was and she did not know.

Apr 26, 02

We find out that the evidentiary hearing was vacated on the 17th. Even though we requested that this not to happen, and hired attorneys to represent us. As of now, we are in limbo. We don’t know when the next trial is. We were also told that the Public Guardian only had temporary guardianship. We asked how then, were they able to evict us from the house? We did not get an answer. We asked by what authority were we blocked from entering our house. No answer – we just couldn’t.

Apr 30, 02

Twyla arrives in Las Vegas to inspect our house. She calls our attorney’s who in turn call the PG’s office. The PG does not call back.

May 1, 02

Twyla is in Las Vegas waiting to see our house and to meet with Rachel and Toni to devise a strategy. I spoke with Toni and asked her to find out how the PG got permanent guardianship of Frances on Feb 13. Also, I asked them again to get the quit –claim deed to the court, Ex Parte.

May 2, 02

Twyla meets Toni and Rachel at her hotel and they in turn go to the house, with camera. The doors were wide open and Sean and were standing in the garage. Twyla was told by Toni to make an inventory list of all the items in the house that were ours. Three legal sheets full. In several areas, objects had been raked into the floor, from desks and shelves. Twyla went into her closet and as she was searching among the pile of personal items from the desk, she found a rumpled baby photo of our youngest child, under piles of items. Twyla picked up the picture and asked if she could have it. The PG immediately said “absolutely not! Nothing is to be removed from this house!” Twyla then asked “Couldn’t she even have a baby picture of her daughter?” “Absolutely Not!” Then Rachel said, “why cant she have that – it is just a snapshot.” The PG replied, “Well, all right but not one other thing is to be removed from this house!” Twyla then opened the cabinet that our receipts were in and found the box we kept them all in. Almost every receipt was from before we ever moved to Nevada. Twyla noticed it appeared that all of our info appeared to be there. Twyla was told to put the box back where it was, that it belonged to them and was not to be removed from the house. That they would be taking it and that eventually, we would be able to have copies of some of the receipts. Twyla asked Rachel how was she supposed to prove which items were ours with its receipt when the receipts, her personal property, were being stolen from her. We were told that all we needed to do was show our receipts for items and that would be enough. Rachel said “I’m sorry Twyla, you’ll have to put them back.” Further inspection showed that they had removed wedding photos from our bedroom wall. We had not removed these ourselves, because, we had not vacated our house. Sean said they had taken the metal box full of receipts back to their office and put it in the safe. This box only contained receipts from small jewelry Twyla had bought with her own money when she worked at Whitehall’s Jeweler in 1987-1988 and all our personal documents and certificates, birth, marriage, social security cards, original wills, etc ( items we clearly would have taken with us had we vacated the house). Twyla then asked where her jewelry from her closet was and was told that it had also been put in the PG’s safe. Twyla noticed that the PG had taken several greeting cards, her briefcase, the metal lock-box, a teal duffel bag containing all legal and financial documents (bank statements, lease agreements, tax returns, etc.), an antique blue hamper, two bags containing Twyla’s father’s mother’s jewelry that had been given to her and a collection of coins from the more than 20 around-the-world/intercontinental trips she had taken with her mother and father, Frances and George, Twyla’s wooden , inlaid jewelry box that her father had bought her in Zermott, Switzerland when she was 18, containing several rings, bracelets, earrings, her father’s fraternity pin, his Air Force wings, various other single pieces of jewelry, the framed article of the sculptor who did his bust, a framed picture of a “Butterfly” make-up kit from Europe, a framed picture of Emmy, with her handprint, several various figurines from different rooms in the house, all of Twyla’s fur coats – all of which had her name in them, and some file folders. This was all Twyla could take notice of since she was only allowed one hour to take inventory. Twyla then went with Toni and Rachel back to their office. Twyla asked Rachel again about negotiating and again, received no answer. She was also told not to contact Kim Smith.

May 3, 02

Twyla came back to Atlanta.

May 6, 02

We call Rachel – she tells us she will be placing a “legal” lien on our house, to protect it and our contents. She tells us she will call us back

May 7, 02

We call Rachel and Toni, pleading for information – no return call.

May 8, 02

We call Rachel and Toni, pleading for information – no return call.

May 9, 02

We call Rachel and Toni, pleading for information – no return call.

May 10, 02

We call Rachel and Toni, pleading for information – no return call.

May 11, 02

We call Toni, pleading for information – no return call. I call Barry on his cell phone and try to stress the importance of the Family Court Situation. I am told by Barry that he is really mad at us.

May 13, 02

We finally receive a call from Toni, telling us that a hearing has been set for May 22nd, to determine whether Twyla is to be held in contempt of court, and to petition the court for the return of all real property.

May 14, 02

We find that the hearing has been cancelled.