The Fraudulent Guardianship of Genevieve Bush
The Fraudulent Guardianship of Genevieve Bush
Chester County Orphans Court
Judge Kathrine B L Platt
Joseph and Michael Bush
Genevieve and Mary Bush
Alexander J Chotkowski and John F Mc Kenna
For Genevieve Bush-(1) THOMAS K. SCHINDLER, (2) G. BRADLEY RAINER, (3) SCOTT H. KERR, (4) SCOTT M. KLEIN, (5) GEORGE ZUMBANO, (6) MARK TUNNELL
For Mary Bush - (1) JAMES J. RUGGIERO, JR, (2) NICOLE B. LABLETTA, (3) MARY BUSH PRO SE, (4) CLIFFORD B. COHN,(5) MARY BUSH PRO SE
Elizabeth Srinivasan - For profit attorney guardian
Carol J Hershey - For profit guardian, her attorney-James A Gillin, her employee Gail Berkenstock
Dr Thomas Lawrence
Dr Eliza Thornton
Pennsylvania State Police
Westtown East Goshen Police
Chester County APS - Sandy Murphy, Heidi Carlson, Cindy Willison, Douglas Benard
Chester County Ombudsman Jennifer Costello
PA APS- Denise Getgen
Relative Care of Downingtown - Dottie Miller owner
Nursing Homes- Chester County Pocopson Home, West Chester Park Lane at Bellingham, Green Meadow in Malvern Pa
Judge KATHERINE B.L. PLATT, Chester County Orphans Court 12/2/2009 to present -did not review Genevieve Bush’s advanced directives. In violation of Superior Court Order Michael Bush cannot be guardian. No. 3207 EDA 2015 Superior court order of February 21, 2017 (that removed Michael Bush as a Co guardian or Plenary Guardian of Genevieve Bush.) The 02/21/2017 decision states on page 8; "The record supports the trial court’s findings and conclusion that Michael’s appointment, as either sole or co-guardian of the person would not fulfill Mrs. Bush’s best interests. See 20 Pa.C.S.A. § 5521 (duty of guardian of the person to pursue incapacitated person’s best interest). Michael’s actions have ignored Mrs. Bush’s best interests." “he has been passive about her medical care, physical therapy and encouraging her social life.” At the February 18, 2020 “hearing” judge Platt claimed the Superior Court decisions are LAW, yet she ignored Michaels removal putting him back as plenary guardian on 11/02/2018.
Over a decade in, Genevieve Bush, 89, continues to be held in an unlawful guardianship against her will, against all her advanced directives, and her life savings have been depleted.
The Estate Battle
Bush’s saga started in 2005 when Genevieve Bush’s sons, Joseph and Michael, challenged the fact Genevieve decided to write her own estate plans and not use the one her sons wrote and appointed themselves with n 2004.
After her husband had a stroke and was hospitalized in November 2003, they saw an opening,
according to a letter she wrote in 2007 to her brother Leon.
“In April 2004, before Fabian (her husband) passed, Joseph asked me to sign a blank check…Joe asked
me to sign more blank checks so he could move the money…In May of 2005, Joe called me and told me
he was putting stocks in my name…Then, (a) month later in June, Joe Decided to give papers about me
being an estate, like I was already dead.”
At the time, Joseph and Michael had power of attorney power which Genevieve quickly sought to overturn after the squabble turned bitter and wound up in court.
“I, Genevieve Bush,” she stated in a notice of revocation of power of attorney dated September 6, 2005,
“do hereby revoke any and all powers of attorney given to Joseph Bush.” (she revoked Joseph and Michael Bush’s power of attorney at the same time)
Just four days later, the Chester County of Pennsylvania Department of Aging showed up to test Genevieve, according to the same letter, “On September 10, 2005, the Department of Aging came to Mary’s home (where Genevieve was visiting) with the State Police and gave me a competency test.”
Genevieve stated that the Department of Aging came because Joseph complained to them. While she
passed the test, her ordeal was not over.
“September 13, 2005, the Department of Aging came to my house. I told her to leave me alone.
‘This is all about money.’ That day all three sons called me on the phone. I guess they wondered if I
got removed from my home….We started the new year (2006) just great. Joe called threatening to call
the Department of Aging again.”
Bush hired attorney Jay Fischer to represent her and he sent a letter to Joseph on November 21, 2005,
stating in part. “In addition, you are requested to return all funds, investments or other accounts transferred into your name to your mother immediately.” A court fight over the estate resulted and this even included a brutal deposition of Genevieve which lasted between four and six hours.
She described it in her letter. “All of them were there with lawyers. I brought a lady friend for support, but they would not let her in. I felt attacked, question for four hours straight.”
The matter was finally decided on October 2007, when Judge Robert Shenkin ruled in favor of Genevieve’s sons, who falsely said the monies were “gifted to them”, but in the 2005 liquidation plan Joseph Bush admitted the monies were actually his mothers.
The Incapacitated Claim
While Genevieve lost 1.5 million to her sons, she still had over $1 million left after the settlement. She went ahead with her life until October of 2009, speaking rarely to her sons. On October 30, 2009, a petition was filed with the Chester County Orphans Court by her two sons to have Genevieve declared incapacitated. This after they opposed her in court in 2007 and at the end of the hearing threatened their mother, saying things like “better luck next time”.
“Now comes Joseph Bush and Michael Bush, sons of the alleged incapacitated person, Genevieve Bush, through their attorney, Alex Chotkowski,” their petition stated, “and hereby Petition this Honorable Court for the Declaration of Incapacitation and the Appointment of an Emergency Guardian for Genevieve Bush and an injunction.”
An incapacitated person “means that you are not able to receive and evaluate information and communicate decisions and that you are unable to manage your money and/or property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent,” they stated in the petition after being gone from their mothers life since 2005.
Alexander Chotkowski still practices law and continues to represent Joseph and Michael today. Mr Chotkowski opposed Genevieve Bush in court for his clients in 2007, never stating she lacked capacity then waited and came back at her filing for guardianship in October 2009 accepting a back dating of incapacity to 2006 and produced filings stating “The incapacitated woman suffered from dementia and Alzheimer’s since 2004’’, yet he opposed her in a court action in 2007.
Chotkowski described a false reasons for the declaration in the petition. “Petitioners believe that guardians should be appointed for the alleged incapacitated person because the alleged incapacitated person cannot manage her financial and cannot care for herself without the assistance of skilled caregivers. The physical condition of the alleged incapacitated person is that she is in poor physical
condition due to her advanced age.” None of this was true he made it up to use guardianship for his clients to get back the power over their mother and her money she lawfully protected herself from.
The matter wound up in front of Judge Katherine Platt, without Genevieve Bush ever being in court or presenting any of her evidence, on June 24, 2011, Platt made her unlawful and unqualified decision.
“The nature of the condition or disability which impairs Respondent’s (Genevieve Bush) capacity to make and communicate decisions is cognitive decline due to Alzheimer’s.” Platt stated in ruling her incapacitated. “The extent of Respondent’s capacity to make and communicate decisions is severely impaired.” Judge Platt never met Genevieve, never reviewed her advanced directives and unlawfully depleted Genevieve’s Trust with no Due Process. In fact Judge Platt worked with Alexander Chotkowski to block Genevieve’s medical doctor from testifying the true problem Genevieve has is Avoidance Disorder. Judge Platt without any due process also took Property belonging to Mary Bush.
Furthermore, no one had claimed Genevieve ever had Alzheimer’s or claimed she had Alzheimer’s since 2006, even though no such evidence was introduced. “The duration of such guardianship shall be permanent.” Platt stated, nonetheless in her decision. Judge Platt remains on the case today, refusing to recuse and putting Michael Bush as guardian of the person against a Superior Courts Order of 2017. Michael Bush in 2013 only two months after moving in with his mother against her wishes digitally penetrated her with an aid from Relative Care in the bathroom after Genevieve’s shower on two known occasions.
The Uneasy Set-Up
Initially, there was an uneasy dynamic created. Mary shared guardianship with her brothers. Judge Platt
ordered Joseph to be guardian of the estate, while Michael and Mary were made guardian of the person. Genevieve initially lived at her home. It was a troubled dynamic that continued to be abusive to Genevieve, particularly when her sons petitioned the court for another evaluation.
“AND NOW, this 12th day of February 2013, upon the Motion to Compel an evaluation of Mrs. Genevieve Bush IP., by Movants Michael and Joseph Bush, it is hereby ordered,” Judge Platt’s order stated. They did this even though another court appointed evaluator submitted their report on October 21, 2011.“Dr. Sarah Stookey, court appointed psychologist concluded her evaluation of Genevieve Bush that she became very agitated around Michael and said to her ‘wants none of that’ when reminded of her session with Michael. Judge Platt ignored the report from her own court appointed doctor. This created all sorts of drama, particularly in arranging for this evaluation.
George Zumbano represented Genevieve during this period, and he sent a letter to Judge Platt stating. “I write to Mr. Chotkowski’s letter to you. First and foremost, this whole most unfortunate disagreement arises because Mr. Chotkowski failed, contrary to your direction, to circulate the Order to counsel prior to submitting it to Your Honor for signature.“ Be that as it may, let me simply address two brief issues. As to the 10:30AM time frame, we will do our best with Mrs. Bush. My understanding was that she couldn’t be dressed, fed, etc. under her normal routine before 11AM.” The initial evaluation turned into a nightmare, according to an email from Mary’s then lawyer, Clifford Cohn to Chotkowski from February 13, 2013. “Apparently a caregiver had to leave at 9AM. I understand the doctor did not feel comfortable interviewing Mrs. Bush without someone else being present. As nobody else meeting the criteria as set forth in the order had been obtained to stay with Mrs. Bush, she apparently left without doing the interview. I suggest we reschedule as soon as possible.”
At around this time, Mary was removed as guardian of the person by Judge Platt, and she was replaced by Elizabeth Srinivasan in 2013. Srinivasan is an attorney who sometimes acts as a professional guardian.
In 2015, the Chester County Pennsylvania Department of Aging stepped in, after Genevieve was punched in her abdomen during a weekend with Michael and a Relative Care Aid. As a result, Judge Platt removed everyone from the guardianship matter and replaced them with Carol J Hershey, who is also a professional for profit guardian. Carol J Hershey is in ten Counties in PA collecting her client base from the court guardianship system.
Carol Hershey and the Vicious Cycle
Things have only gone from bad to worse for Genevieve and Mary. Her mother is now in a home, where Mary provided PA Health Department citation evidence, she is not receiving proper care. “Based on a review of the facility abuse policy, clinical records, and staff interviews, it was determined that the
facility failed to fully investigate allegations of abuse to a resident,” according to a report about one facility Genevieve stayed at. Genevieve also has been severely injured with broken bones, bruising, isolated, denied to see her cardiologist and urologist.
Carol J Hershey false pretense billed Genevieve in the thousands, neglected her care and never reported the fact Genevieve was Hospitalized and suffered injuries at the hands of Park Lane at Bellingham. Hershey did not focus on the Care of Genevieve but used false pretenses like having to supervise visits so she could charge from $400-500 for a visit.
On November 1, 2018, Judge Platt denied one of Mary’s motions; this, among other things, asked for Hershey to be removed. On November 2, 2018, Judge Platt disregarding a higher courts order gave guardianship of the person back to Michael Bush who did not file a petition, thus ignoring Mary again. The Pennsylvania Superior Courts Order No. 3207 EDA 2015 dated February 21, 2017 (permanently removed Michael Bush as a Co-guardian or Plenary Guardian of Genevieve Bush.)
February 21, 2017, higher courts decision states on page 8; "The record supports the trial court’s findings and conclusion that Michael’s appointment, as either sole or co-guardian of the person, would not fulfill Mrs. Bush’s best interests. See 20 Pa.C.S.A. § 5521 (duty of guardian of the person to pursue an incapacitated person’s best interest). Michael’s actions have ignored Mrs. Bush’s best interests." “he has been passive about her medical care, physical therapy and encouraging her social life.”
On May 7, 2019 Mary Bush sent Judge Platt what she referred to as a Memorandum of Understanding. “Let this be our Memorandum of Understanding, with all parties copied on the above-referenced issue; that according to statements made by Terri Clark the Chester County Register of Wills/Clerks of the Orphan’s Courts on May 6, 2019, to me Mary Bush, that you have given an Oral Order to the Clerk of the Orphan’s Court, not to allow me access to any of the Guardianship Reports from 2015 to the present times that contains substantive issues.
“As you know I have been a party to this matter of my natural mother Genevieve Bush since the onset of this matter starting in 2009 to the present." Carol J. Hershey (professional for-profit guardian) “tried to charge Mary Bush (daughter) with trespassing, always maligned Mary Bush, restricted Mary Bush's visits,” this is just some, of the things Carol Hershey has done.
In May 2020 during the Covid -19 Pandemic Michael Bush moved Genevieve to Green Meadows in Malvern Pa not telling anyone. Mary after locating her mother with a lot of help found out Michael Bush is using his authority to Isolate Genevieve from everyone but him and Joseph. It appears that Genevieve Bush has not seen her cardiologist since 2016, her urologist from 2013 and is being denied other care for her wellbeing. It also appears they never let her out of bed and she is diminishing rapidly. FREE GENEVIEVE BUSH !