2016
Late fall of 2016 my Father asked me to come back home. He said he could no longer take of my Mother who was suffering from progessive althimers. Her behavior had become untenable for him. The Panola County Sheriff’s department had her committed to a physchiartric facility several times. Her phycharitrist recommended I become her conservator.
2017
February 2017 a conservatorship was established for my Mother and I was the conservator.
July 17th – My Father executed a power of attorney, making Jr attorney. It was written by Tom Suszec of Holcomb Dunbar, Oxford. The POA covered everything. My father was loosing his concept of reality, and had become mentally incompetent enough that he could not handle or understand his business affairs. From this time on, I handled all financial decisions and actions. Dad did pay a few bills like the water and power to keep him involved. I made all land disposal decisions.
2018
April 11th, Mother passed away intestate. I assumed my mother had a will, but found out too late that she did not. I could have executed a will for her as her conservator. Incurred large legal expenses closing out conservatorship, opening and closing probate estate. I took care of all the legal and tax transactions.
May 15th, Father executed a will prepared by Tom Suszec (Holcomb Dunbar). I was made the sole heir. On the way home from the attorney’s office, my said, I could take what I wanted as it was all going to by mine anyway. We lived together. I managed his estate anyway, so as we sold land I put our separate shares of the proceeds into a an investment account at TDAmeritrade that was in my father’s name.
Late Summer my Father kept saying he wanted to move out of the family house. I would ask him where he wanted to move to. He did not know where he wanted to move. He said the house was too big and too cold in the winter. I wished to stay in the house and live out my life there. I thought a senior living facility would was worth looking at. I took him to Azelea Gardens in Oxford. Now it is known as the Elison. He loved it. I made sure he knew what he was doing, as it was big commitment and change. It was over $5,000 a month for assisted living. It seemed he was excited by living in a place with other seniors, and not stuck in a large house by himself 15 miles outside of Batesville. He could not wait to move in.
Over the next 2 or 3 months I vistied him every other day. From my observation all he did was stay in his room watch channel 5 all day and play solitaire on his desktop PC. He would drive…
2019
Then he began to hate it…I looked for a house in Oxford. Found one, negotiated for it, and arranged for financing. He moved out of the Elison early because he hated it, and back into the farm house. He asked everyday when we were going to move into the house in Oxford. [tell story of how SR wanted you to live there too]
April we moved into house on Crawford Circle. I wanted to hire a sitter/housekeeper to stay with SR so I could regain my life after 3 years of never being able to leave. On recommendation of a friend, Micheal McCauly, I hired Evelyn Stevens.
While moving funrniture into Crawford house, I tore the ligaments in my left arm. Had to have it operated on, and I was out of commission for several months afterwards.
Evelyn was great. I came up with gardening projects, refurbing old furniture, organizing . She would take him to the doctor. She worked 2 to 3 days a week. Four to five hours each visit. I paid Evelyn from SR’s bank account.
Over the last few years SR had become involved with many mail scammers, and sending them money. At first it was slow, then it became a problem. I made him stop. Then he started …. Finish in a blog.
I started intercepting the incomoing mail, and intercepting his outgoing checks. One month I added up all the checks I intercepted and it totaled to more then a $1,000. It had become an obsession. He said he could not stop or control it. It was similar to a gambling addiction.
July Sr found out that I was intercepting the mail, and without saying a word left the house and moved back to the farm house. Blog.
I asked Evelyn to start going to the farm house to care for my father. She wanted more money due to the long drive, so I paid her more money. I asked her to help me get SR to move back home, and to control his getting into scam habit.
2020
2021
March- Sold farm house.
May 7, 2021 – Closed on farm house. My father and I went to the Regions Bank on Jackson Ave. in Oxford. We both endorsed the check, and I deposited it our joint account.
May 19, 2021 – SR transferred $230,000 from our joint account to a newly opened money market account at Regions. He did this at the Regions Batesville branch. It should be noted that my father never said he transferred the funds to his own account.
May 20, 2021 – Evelyn took SR to Jay Westfaul’s law office to execute a revocation of my POA. It should be noted that my father and I lived in the same house, and he never notification of the POA.
May 28, 2021 – I noted that $230,000 had been transferred from the joint account. I assumed it had been my father and Evelyn. On-line, I made a transfer from SR’s individual Regions account back to the joint account. This transaction was reveresed by Regions, as my father put the money in a new account, not his existing individual acccont.
June 9, 2021 – I went to the Regions Bank in Oxford, and using my POA, I transferred the money back to the joint account. Then I moved the money to my father’s TDAmeritrade individual account, and to my TDAmeritrade individual account.
June, 2021 – SR went to the Batesville Regions branch to attempt to transfer the money back. He could not move the money back, as I had transferred the money out of Regions. An employee at the bank called me, and asked me to return the money. I said no. My father was in the background and I could hear him angrily yelling.
July 22, 2021 – I put a GPS tracker on SR’s Buick LeSabre. I am co-owner of the LeSabre.
July xx, 2021 – My cousins Sam and Calvin Vick came to the Oxford house and moved my father’s bedroom furniture to the Elison. My father announced to me as they were moving it, he was moving to the Elision. [did not exactly happen like this. Need to clarify the facts]
July 26, 2021 – Evelyn took SR to the office Swayze Alford. She had made the appointment a few days earlier.
November 10, 2021 – I was served with a Chancery Court complaint prepared by Swzyze Alford accusing me of stealing $230,000 from my father.
May
2022
Propounded First set of discovery to SR
April 28, 2022 Response to SR’s discovery
Feburary 8, 2022 1st Order for Inedependent Medical Exams and Freeze Funds
February 28, 2022 SR bought pick up truck for Evelyn
Thomas
May 5, 2022 Brad says he will not argue for me to be conservator. I hired brad to make me conservator. I terminate Brad
May 5, 2022 Brads last act is to file 2nd set of discovery to obtain information on truck.
Hire Mitchell
June 20, 2022 Motion to Strike Hobbs
July 6, 2022 Mitchell sends Swayze letter asking for the truck invoice
August 30, 2022 Swayze will not sign agreed order to strike hobbs or turn over truck discovery
Fire Mitchell and decide to represent myself (Pro Se)
Septemeber 27, 2022 File motion (Pro Se) to compel order and truck info.
November 3, 2022, file motion for second IME.
November 11, 2022 Kayla Ware’s response to request to set motion for second IME
November 15, 2022 Depose Evelyn Stevens
October 2022 Meet with Swayze. He says Evelyn has been IN on every meeting and name is on truck. Says he will turn over truck title on Nov 2, 2022 and gives me executed Order to Strike.
December 1, 2022 Filed Certificate of Defualt. Swayze never filed an answer to my cross complaint. I asked Brad Golman why. Brad said he did not have to file an answer. I thought Brad’s answer was inaccurate, and stated that I wanted Swayze to file one anyway. Brad said the Judge would not allow me to compel Swayze to file an answer. Brad was wrong, as many other times, and like every time he was worng, he was wrong in the favor of Swayze.
December 9, 2022 Recieve subpoenaed bank docs from FNB. This is when I learned Swayze had intentionally violated a court order and deposited the money into SR’s new money market account at FNB.
December 12, 2022 File motion for TRO. Meet with Swayze.
2023
January 25, 2023 was the hearing for the Motion for Summary Judgement. Read transcript here. The premise was that Plaintiff had no cause. IE, I had not broke a law. Plaintiff had specualted that I was notified of the POA revoction at the Region’s Batesville branch, as I had gone there to the Oxford branch to transfer the stolen funds back to were they rightfully belonged. This was at best specualtion on the part of father. I did not go to Batesville, and was not notified of the revocation, so the POA was still in force. Also, Plaintiff during discovery (and filing of complaint) does not present any evidence of the charges. The sitter, Evelyn, had convinced my father I stole money from him. I had not, and since there cannot be evidence of somthing that did not happen, there was no evidence.
The Judge in error took the specualtion that I went to Batesville as fact, and that the I had been duley notified which was in direct contradiciton to MS Code. Also, the Judge took the specualtion that I used a credit card improperly as fact. Agian no evidence. The Judge errored many times, as Judge Whitewell apparently does not know the the difference in specualtion and admissable evidence. The Judge shows extreme bias toward Swayze, and predjudice against me. At the hearing Plaintiff failed to show cause or evidence of the alleged caused, but I was over ruled in error by the Judge. I appealed the desicion, but the Supreme Court denied hearing my motion.
May 9, 2023 We hear a multitude of motions. Link to transcript.
- SR’s Motion to Appoint Conservator
- Petition for Emergency Conservatorship
- Motion to Disqualify Swayze Alford
- Motion to Execute Will
- Motion to Disburse
Firstly, the Judge ruled on the Motion for conservatorship. He did not have a hearing as explicitly stated in the code there shall be. The Judge just ruled that there be a conservatorship and that Sherry Wall will be Conservator. The judge stated his reasoning for Sherry and not me, is from ex-parte evidence the Judge received. That is that I don’t love my father. The Judge went on to explicitly lie about the events at a prior hearing in Holly Springs that he did not even witness. I was not able to cross examine the Judge regarding his false testimony. If I was able to, then I would have easily discredit the witness, the Judge, and proven that he committed perjury.
Regarding the Motion to Disqualify, the Judge dismissed the motion with prejudice without a hearing. The Judge stated since the actions the motion is based on is also being heard by the Mississippi Bar, that it would be inappropriate at this time to hear the motion.
On the motion to execute a will, Swayze surprised the court with an appearance by Dr. Perkins to testify to SR’s testamentary capacity. Dr. Perkins’ alleged examination for testamentary capacity had not been disclosed in the record of the matter, or even in the motion. I subsequently disproved Perkins’ conclusion during cross examination of my father. The Judge ruled that SR could execute a will because Dr. Perkins was an expert and made the statement that SR had testamentary capacity. The Judge ignored the irregularity of Dr. Perkins’ undisclosed appearance, or mention in the filed motion, or that I disproved his theory before the Judge’s very eyes.
The motion to disburse pertained to payment of back federal income taxes that were overdue as result of Swayze’s gross negligence. I did not object to the motion, but funny the Judge actually had a hearing on that one.
June 1, 2023 FIled amended cross claim. The Judge granted me this permission. I added Evelyn as a defendent. Updated claims against my father refering to a verbal contract between my father and I, and for monies my father owed me for keeping his morgage current, which on advice of his counsel he stopped paying. Should be noted that there really was nothing new here, and Brad Golman should have inlcuded this in the original complaint.
June 9, 2023 Filed Subpoena for Depostition Of Dr. Perkins the day I got the served papers from the processor. I handed it directly to Swayze Alford after I filed it, as he was in the Clerk’s office at the time.
June 21, 2023 File motion to recuse Judge Whitwell. He had shown evidence of ex-parte communicatoin, and overwhelming bias for Swayze. Response for Motion to Recuse, and my subsequent rebuttal.
July 7, 2023 Hearing for the Motion of Recusal was heard in Calhoun County. Transcript. In short my argument was
In the matter of Rutland v Pridgen, it is established for recusal “would a reasonable person, knowing all the circumstances, harbor doubts about the impartiality of a judge.”
I believe I proved this. Also in the hearing Judge Whitwell continued to lie about the eveidence he admitted into the record, or what I call ex-parte communications. Judge Whitwell even told more lies about my interactions in court with my father. The instance he recounts never came close to happening, but he testifies that it did. Judge Whitwell is showing loss of congnitive function due to his age, and this is a serious matter for the Judicial system of Mississippi. Judge Whitwell is stating that he saw something happen that someone told him happened as if he saw it himself. It never happened. Specifically that SR sat at the couselor’s table at a hearing. My father undisputabily did not sit at the couselor’s table. Frankly, I was embarrassed for Judge Whitwell as he made a fool of himself in his attempts at cover up his past lies and undistuabable bias toward Swayze Alford. More importanly I was embarrassed for the State of Mississippi and it’s lack of a judicial system. None the less, he denied my motion. Here is the opinion he supposeldly wrote. I say supposedly wrote, because I do not think he did write it. The opinion mirrors Swayze response to my motion to closely. Not only that, the opinion was inflamatory and out of character of someone deserving to sit on the bench of the 18th Division of the Chancery Court of Mississippi. It was obviously written by someone who has an utter disrespect for the citizens of Missississippi and the Constistution (both US and Mississippi). PLEASE READ THE OPINION. You can skip the first 90 pages or so, as it is just transcripts.
August 1st, 2023 Filed Petition to Appeal Motion of Recusal. Swayze ask for a month extension to file response at the 11th hour of the 14th day. He was granted two weeks. Repsonse to Petition to Appeal Motion of Recusal. The Supreme Court denied the motion to hear the petition for appeals.
August 30, 2023 Hearing to Quash Motion to Subpoena Deposition of Dr. Perkins. This one is going to get crazy. In March, I tried to depose Dr. Perkins. He would not communicate with me. Swayze was emailing me to show his objection to my deposing Perkins, so perkins was communicating with Swayze. I sent this email to Perkins saying I would subpoena him. On June 6th I served Perkins this Subpoena. On June the 8th Swayze learned of the subpoena, sent me this email. Then later on that same day I begin to recieve bizarre, hoax like emails from a Hale Freeland Attorney at Law. It is important to note at the bottom the email chain there is communication between Hale and Swayze that I am sure I was not meant to get. It was mid afternoon on the 8th and Hale says send me a copy of the subpoena and he will have it quashed to Swayze. At this point Hale does not know anything about the case, has not seen the subpoena, and although he will states he represents Perkins later that day, but has not spoken to Perkins. In short, I believe Hale was not hired by Perkins, but was posing as he had been, to do Swayze a professional favor. Also, I believe that is highly unethical if not illegal.
Hale files a Motion to Quash on the 9th. SInce I am doubting that Hale is actually Perkins atty, and it appears this is the work of Swayze, and I know that Swayze at all costs will stop me from deposing Perkins. As we know Perkins lied on the stand, and Swayze suborned the testimony in order to cut me out of my father’s will becasue Swayze was pissed off that I filed a bar complaint, I sue Hale for abuse of process in circuit court on June 28.
Response to Motion to Quash June 13th
At the hearing, I had 3 attorneys representing 3 different entities arguing against me. I objected and quoted MS Code 11-49-9, which states there can only be two attorneys arguing a SIDE. The judge over ruled my objection.
I have never seen attorneys act so desperate as they behaved that day. The Judge was going to allow the deposition, but I had to pay Perkins, and that was fine with me. The Dr’s fee was $4,000, which I was not fine with. THis was baed on $600/hr, and set by the attys not the Dr. was a change in position, as prior the Dr just was not going to show up for other reasons. I objected to the amount of the fee, as unreasonable. I do not believe Perkins charged Swayze $600/hr, and appeared on short notice in Oxford at the Execute Will Hearing. He drove 6 hours that day just to appear for 30 minutes for Swayze. The attouneys dog piled on me and the Judge changed course and did not allow the deposition for a reasonable fee. The Judge also ruled that Dr. Perkins had changed from a independent court appointed Rule 35 witness to a rule 26 witness.
The next morning Samantha Weatherbee, Judge’s clerk, sent out an email stating the order had to be signed by the Judge and filed by noon. I thought that was highly irregular. Hale sends a draft of an agreed order. I stongly dissagreed with the draft agreed order, and sent email expressing my thoughts. Then Samantha sends email that she corrected some things on the order, had the judge sign it, and it is now filed. I never agreed to or signed the order.
I will file the following motions to argue the order and stirke Perkins testimony, as I agrred to an independent rule 35 witness, not a rule 26 witness. Also, to object to the improper and inappropriate order.
Motion to Strike Perkins June 30, 2023
Plaintiff’s Repsonse to Strike Perkins (Swaye) July 10, 2023
Response to Strike Perkins (Freeland) July 19, 2023
Rebuttal to Repsonse to Strike Perkins July 27, 2023
Email chain From Samantha stating order is done. August 31, 2023. Please note Samantha’s scurillous attitude in that, if I don’t like it you can file something, and you will have to set to heard when there is court reporter, becuase the Judge doesn’t trust you.
Order For Quash of Perkins August 31, 2023 SIgned by Judge Whitwell only
To object to order and that the Judge capricously changed the status of a rule 35 witness to rule 26 witness just to make an attorney happy, and that now we have a serious problem because the conservatorship requires two Rule 35 witnesses and now we have one.
Motion to Void Order September 18, 2023 To void order that I did not sign and objected to.
Motion to Supplement Motion to Strike September 21, 2023 The basis of the motion is that since the witness went from a Rule 35 to rule 26 witness after I filed my original Motion to Strike Perkins.
September 29,2023 I propound this discovery to Perkins via Swayze since Perkins is now Swayze’s Rule 26 expert witness. Per Rule 26(a) Discovery Methods, many send Dr. Perkins interogatories. If Perkins was to answer the interogatories honestly and completey, it would be the end of Swayze’s, Hale’s, and Perkin’s career, not to mention large claims for damages.
Swayze was displeassured by this as indicated by this email and filed Motion for Proctecive Order.
Hale joins in with Motion to Strike ROGS and Attorney Fees.
Then Swayze continues the dog pile with Joinder in Motion to Strike.
I respond to Hale’s Motion to Strike and Attorney fees with this Response.
Please read BIGGEST CF IN US JURISPRUDENCE HISTORY and MEDICAL DIAGNOSIS FOR SALE IN MS for more detial, analysis and commentary of the Dr. Frank Perkins’ fraud scandel.
In case anybody is lost, we are still working on the August 30 entry Hearing for Motion to Quash. It is obvious that Swayze and Hale or not only fighting tooth and nail to keep me from interrogating Dr. Perkins, that now they are trying to intimidate me with filings for attorney fee’s.
October 25, 2023 Order to Transfer to Judge Little