Complaint File Against Montco Judge Regarding Ducote Matter — The Montgomery County, Pa. judge who threw a hissy fit and ordered an attorney arrested and handcuffed is in a bit of trouble herself.
Common Please Court Judge Kelly Wall gave the bizarre order, May 8, because she didn’t like how attorney Richard Ducote was a questioning a witness.
Or maybe it’s because Ducote said that Judge Wall should recuse herself because she had engaged in ex parte communications, which is a violation of judicial ethics.
Ducote is representing noted ophthalmologist Dr. Nicole Gross in a horror-story divorce case.
Anyway Ducote filed a complaint against Judge Wall with the Judicial Conduct Board, regarding those ex parte communications.
Mary Bush Convicted — Mary Bush was convicted, Friday, of harassing Cameron Adams who bought the land upon which she grew up and on which she cared for her mother until 2013 when she was evicted after a dispute concerning guardianship issues with her brothers.
Mary still lives next to the property in West Bradford, Chester County, Pa.
It’s 15 acres and has a Cape Cod.
Adams got it for $480,000 in 2021 just a few hours before Mary’s mother, Genevieve, died.
Mary, who is 64, may be facing a stint in prison — much as 70-year-old Arthur Herring did — because of the conviction. The harassment included driving slowly past the house, videotaping construction and occasionally shouting at the new owner.
Mary is disputing the ownership of the property and possessions that came with it. She says cases are pending in Chester Common Pleas Court, the Orphans Court, two appeals in state Superior Court and an appeal in the state Supreme Court.
We only watched a little of the trial and won’t comment on whether the verdict was just. We won’t even take a side in Mary’s dispute with her brothers.
We will, however, declare that Pennsylvania’s guardianship system is a corrupt disgrace. Genevieve — just as Jane Herring — was declared mentally incapacitated at a hearing in which her county-appointed attorney told her not to testify. Further, the attorney kept her from calling her doctor and financial advisors as witnesses in support of her acuity.
The ruling allowed the Chesco courts to appoint guardians and lawyers — well-paid by the estate — to control her assets.
Once the court appoints a lawyer, by the way, a family cannot get rid of him no matter how poor a job he is doing.
It’s a scam. It’s dirty. The law needs to be changed.
Mary was prohibited — just as Arthur Herring was — from seeing her mom at the end. This was not the wish of Genevieve. It was certainly not the wish of Mary.
What If Lawyer Stops Client From Testifying To Prove Her Mind Is Good? — We’ve written about how 70-year-old Arthur Herring spent almost two month in jail after picketing the Bucks County home of attorney David Jaskowiak.
Jaskowiak was appointed by Montgomery County Orphans’ Court to represent Arthur’s mother, Jane, in guardianship matter.
Jane died July 2 just a few hours before Bucks County President Judge Raymond F. McHugh revoked Arthur’s bail and returned him to the Bucks County jail.
Arthur had been unable to see Jane since December.
Even before that his time had been restricted.
Jaskowiak was among those Arthur considered responsible for this happening.
It’s one thing to protect a parent from an abusive child but in this case, Jane desperately wanted to see Arthur.
It’s rather cruel if you think about it.
We’ve been sent video of Jaskowiak giving a seminar on guardianship issues. He says at one point that the client upon whom he is imposed is not compelled to testify.
Arthur says, however, his mother wanted to testify but was stopped by Jaskowiak. Futher, Jane’s doctor and financial advisor were prevented from testifying on her behalf.
How exactly is that representation?
Under the law once the court appoints a lawyer in a matter of incapacitation, the lawyer cannot be fired or replaced.
Among others who Arthur blames for the suffering imposed on himself and his mother is Judge Gail A. Weilheimer of Montgomery County Common Pleas Court.
Judge Weilheimer has been nominated by Joe Biden to serve as United States District Court for the Eastern District of Pennsylvania.
She is the wife of Philadelphia Inquirer Vice President and Chief General Counsel Larry Wellheimer, and closely connected to Gov. Josh Shapiro.
Mary Bush Trial In Chesco — We stopped in this morning, July 17, on the trial of Mary Bush who is charged with harassing the fellow who purchased the land next to her in West Bradford, Chester County, Pa.
The 15-acre lot with a Cape Cod was acquired for $480,000 from the guardianship of her mother, Genevieve, in 2021, a few hours before she died.
Mary says the title wasn’t clear when the sale was made.
The trial is being held before Judge Allison Bell Royer and is scheduled to end tomorrow.
Regardless of what the jury decides, Genevieve had a miserable, lonely death in a nursing home, and the county powers-that-be kept mother and daughter apart against both their wishes.
Arthur Herring Gets Year Probation For Defending Mother In Her Loneliness — Arthur Herring was sentenced to 12 months probation by Bucks County President Judge Raymond F. McHugh, this morning, July 16, for picketing the New Britain home of David Jaskowiak.
The charge was harassment. Jaskowiak was the court-appointed lawyer for Arthur’s mother, Jane.
Jaskowiak was appointed by Montgomery County where Jane had lived.
Jane died the morning of July 2. That afternoon, McHugh revoked Arthur’s bail returning him to Bucks County Prison.
McHugh had forbidden Arthur to contact Jaskowiak.
Arthur cc’d him, however, in in an email to the court-appointed guardian of the estate.
It was the only contact Arthur, age 70, had with the attorney in a month of freedom since his bail was lowered to what he could afford.
He was arrested for the picketing, April 27. He had spent five weeks in jail on $100,000 bail.
McHugh, today, allowed Arthur a chance to make a statement before sentencing.
Arthur, probably against the advice of his lawyer, did.
Jaskowiak was appointed with the expectation his mother could replace him, Arthur said.
One might expect that to be the case. It’s what we’re taught in civics class, after all.
Not so in guardianship matters, though.
Arthur, tearfully, said that Jaskowiak wouldn’t let his mother to call witnesses such as her doctor and financial advisors in her competency hearing.
And the county found her incompetent, sentencing her to spend two years of wretched misery in poorly managed nursing homes and away form her beloved son.
He also accused Jaskowiak and the appointed guardians of siphoning money from the estate by giving no-work jobs to friends, and billing for unnecessary work.
Arthur slowly lost access to his mom. The last time they saw each other was in December. The courts prohibited him from taking photos and video of her.
Really, what’s up with that?
Arthur also took issue with a claim by the prosecution regarding the sign he held during the picketing. The prosecution said Arthur accused Jaskowiak of being a sex trafficker.
Arthur said he did not accuse Jaskowiak of being a sex trafficker.
He said he accused him of being a human trafficker and a sex pervert.
The human trafficking concerned what he considered to be the kidnapping of his mother, Arthur said. The sex pervert claim stems from video Jaskowiak made for a legal seminar. Jaskowiak explained how opponents can be goaded into getting jailed for contempt of court and this would lead them to a “date with Bubba.”
Arthur reasoned that Jaskowiak was promoting male rape.
McHugh lectured Arthur that disputes must be settled in court and that he most certainly broke the law, which Arthur objectively did.
Calling someone a sex pervert is illegal on a public street.
Judge McHugh made a legitimate point, but one wonders what is the recourse when courts go bad.
There most certainly is something bad in Pennsylvania’s guardianship system.
Montgomery County Common Pleas Court Judge Gail A. Weilheimer, who was one of the judges who tormented Arthur, has been nominated by Joe Biden to serve as a United States District Court judge for the Eastern District of Pennsylvania.
Arthur Herring giving it to the Montgomery County establishment
Problematic Montco Judge Tapped For Fed Court — Montgomery County Common Pleas Court Judge Gail A. Weilheimer has been nominated by Joe Biden to serve as United States District Court for the Eastern District of Pennsylvania.
The nomination was recommended by Pennsylvania’s Democrat senators Bob Casey and John Fetterman.
Judge Weilheimer is involved with the troubling stories regarding family court matter in Montco, including the torture inflicted on Arthur Herring.
She is the wife of Philadelphia Inquirer Vice President and Chief General Counsel Larry Wellheimer, and closely connected to Gov. Josh Shapiro.
With Democrat control of the US Senate her confirmation is basically assured.
Jane Herring Dies So Judge Sends Son Who Defended Her To Prison — Jane Herring died about 7 o’clock this morning, July 2. Her son Arthur had not been able to talk to her since December and even then only with supervision.
Bucks County President Judge Raymond F. McHugh revoked Arthur’s bail sending him back to Bucks County Prison eight hours after Jane’s death.
That’s not much time to grieve.
Arthur is facing a charge of harassment for picketing the New Britain home of David Jaskowiak, who had been the lawyer appointed by Montgomery County Orphan’s Court for Jane. His arrest was April 27. Bail was initially set at 10 percent of $100,000 — remember Arthur is an an American citizen so the breaks illegal aliens get don’t apply to him — and he was hauled away.
After five weeks in the lockup, bail was reduced to 10 percent of $10,000 and friends were able to free him.
Among the conditions of bail set by McHugh, however, were that Arthur have no contact with Jaskowiak.
On June 10, Arthur cc’d Jaskowiak on an email sent to the court-appointed guardian of the estate informing him that their mail to him was being sent to an incorrect address and unfortunately include a few choice words.
Jaskowiak immediately contacted the court and a bail revocation hearing was scheduled.
Arthur had been living in his car. He is 70 years old, weighs 135 pounds and will stay in prison until his pre-trial hearing, July 16.
A lawyer once gave a law lecture about ways an attorney could send an opponent to prison via lawfare. He would get three hots and a cot and a date with Bubba, this lawyer said.
Whoever could this lawyer be?
Arthur very well might miss his mother’s funeral.
This was one contact in a month of freedom.
Does McHugh have an ounce of compassion or is he just lacking common sense?
Or maybe it’s just the backstory that he’s missing.
Some are saying that what’s happening is simply legal robbery allowing those connected with county legal systems to loot the estates of those in domestic turmoil.
We will reserve judgement.
But we will ask questions.
Why can a mother be prohibited from seeing her son when the son wants to see her and she wants to see him?
Why would a judge prohibit a family member from videoing a person under guardianship?
How could skin cancer not be diagnosed in a nursing home until it became malignant?
That’s what happened to Jane Herring.
A final thought: Why would the subject of a competency hearing be told it was not necessary to call witnesses?
Hearing On Sending Arthur Back To Prison Continued; County Doing What It Can To Stop Mother And Child Reunion — A hearing on revoking Arthur Herring’s bail was continued until July 2 because complainant David Jaskowiak couldn’t appear at the one held, yesterday, June 26 before Bucks County President Judge Raymond F. McHugh
Arthur was arrested, April 27, for picketing Jaskowiak’s home in New Britain. He was charged with two counts of harassment and sent to Bucks County Prison on $100,000 bail.
Arthur is homeless.
After five weeks in the county lockup, McHugh lowered the bail to 10 percent of $10,000 and Arthur’s friends were able to free him.
Bail reduction requests are allowed after 30 days. Arthur says it was granted because he explained he was only picketing on a public sidewalk and not saying anything.
Jaskowiak is the lawyer appointed by Montgomery County as attorney for Arthur’s mother.
His mom has been under court-mandated guardianship since May 2021. See this story.
Arthur feels the county is slowly siphoning off his mother’s estate without her permission. This is reason enough for anger but far worse, though, is how they are preventing mother and son from seeing each other.
Arthur and his mom haven’t been together since December. Arthur blames Jaskowiak.
McHugh, as conditions of bail, directed Arthur to get a psychiatric evaluation, apply for a public defender and not have contact with Jaskowiak.
Getting the psych evaluation was harder than it sounded but Arthur managed. He applied for a public defender but met him for the first time yesterday. Public defenders are swamped let us note. The fellow, by the way, seems like a pretty decent lawyer.
Arthur, unfortunately, sent an email to the court-appointed guardian of the estate — whose salary is coming from the estate — informing him that their mail to him was being sent to an incorrect address. He cc’d Jaskowiak as had been his custom. Jaskowiak contacted police who contacted the judge who called a hearing about revoking bail
Arthur’s mom is 99 years old and Arthur is 70. If he goes to prison he may never see his mom again.
It’s one thing to keep a parent from an abusive child but if mom wants to see child and child wants to see mom, and the system lets a petty tyrant stop that, the system is evil.
Arthur protesting at a Montco Commissioners meeting
Mom Had Lonely Death In Nursing Home As Guardianship Industry Kept Daughter Away — This waking nightmare is in West Bradford, Chester County, Pa. and concerns Mary Bush and her mom, Genevieve.
The nightmare ended for Genevieve in 2021 when she died alone in Green Meadows Nursing Home in Paoli.
She had been kept in nursing homes since 2015 against her will since being declared incapacitated in 2011.
Genevieve’s husband and Mary’s father, Fabian, died in 2004. A money dispute between Genevieve and her sons led to her revoking their power of attorney in 2005.
Genevieve also sued the sons saying they wrongfully took money from the estate. Chester County Common Pleas Court Robert J. Shenkin, however, ruled for the sons saying the investments they used had been made in their name.
So she rewrote her will in 2007 giving what remained of the estate to Mary and created a trust naming Mary as trustee.
“They already got their inheritance,” Mary said her mom told her about the sons.
And what remained was a nice bit as the family Cape Cod sat on 15 acres of prime real estate.
Mary and Genevieve refurbished the Cape Cod making it a beautiful place in which Genevieve could live the remainder of her years.
In 2008, she gifted the house and land to Mary rather than putting it in the trust because she wanted to be sure Mary got it.
The sons next step was to seek guardianship and filed a petition for declaration for incapacity. They hired attorney Alexander Chotkowski and on Oct. 30, 2009 a constable served the paper.
This started a process that put Genevieve into a guardianship in June 2011 and continued until Genevieve’s death in 2021.
While serving the paper constable kindly called the law firm of Reger, Rizzo and Darnall for a lawyer for Genevieve, who naively accepted.
The lawyer, Thomas K. Schindler, told Genevieve that she did not have to appear in person for any hearings despite the state code mandating that she do.
Judge Katherine B. L. Platt declared Genevieve to have Alzheimer’s disease. Mary says her mom was as sharp as anyone. She was still handling her own finances and maintaining the trust.
Judge Platt ruled that Mary and her younger brother be made guardians of the person while her older brother was made guardian of the estate, which meant he handled the money.
Judge Platt also ordered Mary to sign the house given as a gift back to her mother.
In 2013, Judge Platt removed Mary as guardian after a dispute with the younger brother and ordered her evicted from the house. She was replaced as co-guardian by an attorney who would soon quit. Two years later the younger brother was removed from his post after an incident, and Genevieve was taken from her long-time home to the county’s Pocopson Home.
The estate was charged $65,000 for her stay in Pocopson.
Mary found her neglected. She was sitting in her own waste and had visible injuries.
After complaints, Genevieve was moved to Park Lane at Bellingham in West Chester, which charged $14,000 per month.
This was in January 2016.
Mary wasn’t happy with Park Lane either and made complaints. The staff responded by banning Mary from seeing her mom, and told police to watch out for her if she arrived.
When Mary arrived Westtown-East Goshen Police were soon on the scene. They escorted her from the building, and one of the cops stuck his finger in her face.
“I heard about you,” he said. The cop slammed her to the ground and cuffed her. Mary was a 56-old-woman when this happened. Yes, she was injured. She was taken to the hospital.
The small upside is that she sued the police department and won.
However, it was 614 days before she saw her mom again.
“I counted them,” she said.
“She had no idea if I abandoned her or if I was dead or alive or nothing,” she said.
The visits came with conditions, though. It could only be at Adult Protective Services and a deputy sheriff had to be present. Also Mary had to pay for caregiver to sit with Genevieve in the van and Genevieve had to pay for the cost of the van.
And it could only be for one-hour a month.
Mary says her mom was a changed person. She was uncertain and sad.
Genevieve, however, recognized her and could carry on a conversation.
So much for the Alzheimer’s diagnosis, Judge Platt.
The visits stopped when the county authorities said Genevieve no longer had enough money to pay for the van.
This happened in August 2018. It was the last time Mary saw her mother.
Genevieve died June 16, 2021. It was 15 hours after the deed was secured by developers Cameron and Lauren Adams who brought the property for $480,000 cash.
That’s a refurbished Cape Cod on 15-acres in suburban Philadelphia for $480,000.
An autopsy was prohibited.
“My mom never got a funeral. The judge that was involved just threw her in the ground.”
Mary is still fighting. She is asking the orphan court to give the property back as she is the trustee and the trust has never been dissolved.
The attorney for the Adams is asking she be declared in contempt for the act and forced to pay legal fees.
The Adams have also filed charges of harassment and stalking against Mary because she has taken photos of the dumpsters full of things from house.
70-Year-Old Man Risks Prison To See 99-Year-Old Mom — The nightmare for Arthur started in May 2021 when his older sister filed a petition seeking guardianship of his mom, Jane.
It was two days after Jane’s 96th birthday.
Arthur, now 70, had moved into mom’s sprawling home in Franconia, Montgomery County, Pa., two years earlier, mostly to keep her company.
Jane, a window of 12 years, was independent, active and even still driving.
Arthur was doing the shopping, though. It was the height of Covid and he was hoping to keep her isolated.
Arthur represented himself at a hearing in July. Sis had her own lawyer and the courts assigned attorney David Jaskowiak to represent Jane.
Jane accepted Jaskowiak because she was told he came free, Arthur said.
Spoiler: He didn’t.
Arthur said he suggested that Jaskowiak have Jane’s doctor of 21 years as a witness to her competency, as well as her CPA, investment advisors and hairdresser.
For some reason, Jaskowiak called no witnesses, Arthur said.
His sister dropped out as discovery started and that should have meant Arthur got the job, one would think.
But no.
Jaskowiak said that because Arthur and Sis didn’t get along, the court would have to appoint a guardian. Judge Gail Weilheimer tapped Duane Logie for the job.
Logie turned out to be a friend of Jaskowiak, says Arthur. He would be both guardian of estate, which is responsible for financial matters, and guardian of person who is task for caring for the living conditions and medical things.
When the same person is both there is no check and balance, says Arthur.
Jane stayed in her familiar home for a week after the court declared her incapacitated. Logie said the health care manager wanted to meet Jane at her house. A date was arranged but rather than a health care manager it was local police who showed along with Logie and Arthur’s sister.
Police physically restrained Arthur on the front porch. He said he heard his mother screaming inside. The cops held him as his sister and Logie took the 96-year-old woman in tears to his sister’s car.
Sis sent an email to Arthur warning him not to come to her house else he’d be arrested, he said. She wouldn’t let Jane call him.
Sister kept Jane at her house for 10 days before she fell unconscious and an ambulance had to be called. She spent six weeks in the hospital being treated for starvation, Arthur said.
Arthur said the treatment included sticking a needle 42 times in the stomach to prevent blood clots.
Oh, and while there she finally did catch Covid.
When that ordeal ended Jane was dumped at Manatawny Manor in Pottstown. Arthur describes it as a low-rated nursing home in Pottstown.
Manatawny Manor had just reopened after a Covid shut down.
Arthur says Judge Weilheimer initially allowed him one hour visitation three times a week but soon reduced it to one-hour per month in retaliation for the questions he was asking.
He said his visits started becoming supervised. He was forbidden to take cell phone video of his mom.
What honest reason could there be for that restriction?
Arthur says he now finds it lucky to be able to see his mother. The last time was in December.
He says Jane, who is now 99, was able to recognize him and could still dress herself.
He said he could have spent 16,300 waking hours with his mother between August 2021 and June 2024. As it was, he got but 224 hours.
Arthur says the powers-that-be have a financial incentive for keeping his mom. He says Jaskowiak charges $300 per hour. He said the guardian who replaced Logie — and who he says is also friends of Jaskowiak — got $125 per hour. Further, Arthur says she hired her husband to do legal work on Jane’s behalf for which he got $400 per hour. Further, Arthur says, the hubby hired four other lawyers who also charge $400 per hour.
“When one talks to the other, they charge the estate $800,” said Arthur.
Arthur says the court charges the estate $90,000 per year for the nursing home and accepted the yearly cost — which includes things like insurance and taxes — of Jane living at her home at $16,500.
He says he never see invoices.
Arthur has been in prison three times for defending his mom.
The first one was when he placed a story on his website ProtectMyParents.us that included information Weilheimer wanted hidden. Arthur said Jane was fine with what he wrote, but no matter.
Weilheimer sentenced him to six months in Montgomery County Prison or until he removed the material. He says he thinks she expected him serve the full six months as there were no computers in prison to fix it. A friend, though, came to his rescue and removed the offending information which let him go free after 10 days.
The second incarceration happened after he rewrote and published the story leaving out all names. He did, however, include a link to an archived copy of the original. This prison stint was just a week before his computer friend could fix things.
Both contempt orders were instigated by Jaskowiak.
He said a third contempt attempt in December by Jaskowiak failed. Jaskowiak said one of the those monitoring his visits said he used his cell phone camera to record his mother. A reasonable person would find such a prohibition curious, but nevermind, the judge said it was a no-no.
Arthur, however, did not do this vile transgression and proved it at a March 20 hearing.
Arthur has a new judge, by the way, who is Melissa Sterling.
Now, the most recent battle.
Arthur learned where Jaskowiak lived in New Britain in Bucks County.
He composed a two-page letter concerning his views about guardianship corruption, and put copies under every doormat on Jaskowiak’s street on April 10.
On April 23, he began picketing in front his house. A State Trooper who lived on the street said he was on private property. Arthur said that he was on the sidewalk. The trooper said it was private property and he would arrest him if he stayed.
Arthur was getting tired of jail so he left but went to the township building and confirmed the sidewalk was public.
He returned on April 27. His sign contained Jaskowiak’s name; and the words “human traffic” and “sex pervert”.
The traffic concerned what Arthur considers to be the kidnapping of his mom. He says the “sex pervert” is in reference to a instructional video he found of Jaskowiak reportedly describing strategic use of contempt of court complaints and the threat of being sodomized in prison.
After two hours of picketing, Arthur was arrested and charged with harassment. The judge set his bail at $100,000 of which he needed to raise $10,000 to be free.
Arthur points out that he lives out of his car and receives welfare.
After five weeks in Bucks County Prison, the bail was lowered to 10 percent of $10,000 and friends managed to get him out.
Before he retired, Arthur trained and practiced voice stress analysis, which is a type of lie detection. For 41-years, he tested criminal suspects, potential employees and helped investigate insurance fraud. His clients included the military, police and major corporations. He traveled the nation and the world.
Arthur notes that there are no standards or requirements as to what constitutes an accurate evaluation of a person that will determine incapacitation in Pennsylvania. He also points out that court psychologists don’t record sessions and have no proof as to how a person answered.
Arthur says he hasn’t seen his mom for a half of a year.
“I don’t know what my mother is thinking,” he said. “Does she think I’m dead? Does she think I don’t love her anymore?”
Sick, stupid and cruel people are in charge of America.
Ed. Note: We have left out Arthur’s last name as he fears using it will give the Montco courts an excuse to throw him back in prison.
Arthur at the March Montco Commissioners Meeting
70-Year-Old Man Risks Prison To See 99-Year-Old Mom
