Wednesday, October 20, 2010

Holly Peffer Argues Her Own Case For Her Mother's Return

The matter at hand stems from a battle over who should be guardian of Rita Denmark.

Holly Peffer presented exhibits and arguments, at a hearing in the McKean County Court House small court room Friday [10/8/10], and pleaded for a ruling that would get her mother, Rita Denmark, out of a Florida nursing home and back to Bradford to live, in effect ending her brother’s guardianship over their mother.

Attorney Ronald Langella, appearing for his client Etta Getty (who did not attend), lodged a continuing objection to most of what Peffer was presenting to the extent it relied on facts not presented before White’s eqarlier ruling, and later declared that the judge lacks the authority to confer with a Florida judge concerning a procedural puzzle at the heart of the case. Getty is a Florida guardian appointed by a Florida court.

For his part, Senior Visiting Judge H. William White listened closely, patiently allowed for the difficulties faced by a party proceeding pro se (serving as her own attorney). His interest in the case and the legal issues it raises was evident throughout the hearing.

The judge said he would examine the items being presented for consideration, and would take into consideration those that he properly could, so as to decide “whether I was wrong.”

At one point White mused about some the murky points considering how a court in Florida had come to accept jurisdiction and why it had handled things as it did. He suggested that it would be practical for the judges to communicate, “me picking up the phone and conferring with the Florida judge.”

Peffer’s pleadings have argued that fraud was committed in order to get the matter out of McKean County and under the jurisdiction of a Florida Court; that because there had been a guardianship action commenced in McKean County, the Florida Court should not have agreed to hear a petition for guardianship in Florida. Besides, Peffer said, the Florida court assumed or was told Mrs. Denmark was domiciled there, when instead she had been taken there in a ploy to derail the McKean County guardianship petition.

Peffer also had harsh words for Bradford attorney Mark Hollenbeck, claiming he had been engaged to represent her mother’s interests but had worked against those interests.

Judge White stated that it is a very serious thing to suggest that an attorney has failed to carry out his duty toward his client, because “the courts, our system, we depend on being able to know that attorneys represent their clients faithfully.”

Full Article and Source:
Martha Knight, ERA Correspondent: Peffer Argues Own Case for Mother's Return

19 comments:

Norma said...

Holly, I am proud of you. Your bravery gives us all hope.

Anonymous said...

Any word on a ruling from the judge yet?

Anonymous said...

The real question is why was any judge considering a guardianship when Mrs. Denmark had a power of attorney that was valid signed.

This is the true problem with the system.

Holly said...

Thank you all for your continued support and concern for my mom. We continue to wait for the judges order and will let everyone know as soon as we hear anything.
May God Bless you all.

Barbara said...

You must be proud of what you did, Holly, standing up to the system and not backing down. Not many people would have the guts to do it as much as they may want to.

Steve said...

You're a good daughter and I bet you can't wait to tell your Mom all about it!

Mike said...

I bet the other side stood there with their mouths hanging open and drawing flies as Holly Peffer presented her case! Good going, Holly, good going!

observer said...

Holly did a good job of preparing her exhibits. She had her information and arguments well in mind. She had worked with some good advisers. So she was poised and well organized in court. I believe the judge was impressed by her obvious sincerity and concern for her mother, and her understandable indignation over her mother's plight.

Determined in NY said...

Holly you are an inspiration to us victims. I was very much honored watching the heroic courage, bravery that you displayed in that court all by yourself. WOW! You are amazing and you empower NASGA by taking on the enemy...The system is broken and they prey on the vulernable until they have beaten the life out of you. People stop because they have no more strenght to fight...You showed that inner strenght and did not go down in defeat.

God Bless you Holly Peffer.

Cathy said...

Marta Knight did a fantastic job covering this story and she told us that she would continue to follow it.
We want Rita Denmark home with her family.
Thank you

Diane said...

Judge, we are counting on you to do the right thing for Rita Denmark. We are counting on you to follow the law and look after Mrs. Denmark's best interst.

This is a chance for the state of PA to show a side of justice.

Finny said...

It's scary going pro-se, but so many victims are better off if they do. We all think we have to have a lawyer and we do if we can afford one and if the lawyer is a good lawyer. But, often we know more about our case than a lawyer and we sure as heck care more!

Sylvia said...

Holly you are a remarkable person for all you have done, for all you are doing, all for the right reasons.

Thinking of you and praying for you and for your loyal supporters.

Anonymous said...

www.probatesharks.com
is pulling for you, Holly!

Good luck to you and your mom.

FOr those who haven't done so yet, please report these types of cases to Senator Leahy. See the article "How to Report Violations of ADA" on probate sharks website.

We're trying to get a federal investigation going!!

Unknown said...

Holly, I am proud of you and know your mother is too! It is hard to get the truth out when so many that are receiving large fee's from your mother want people to believe different. Keep going!!

Lynn

MaritzaTorrent-Viola. said...

For a Judge to Order on hearsay rather than on fact,is not in my opion legal; nor should it be,if the judge in question is following Florida Guardianship Statute Chaper 744- "in the ward's best interest". It is fraud upon the court if an attorney mislead a judge while having the facts of this case...I admire Ms Holly Peffer for fighting for her and her mother's rights- specially per se in the state of Florida! Shame on those who still have to consider the lies,in order to put an end to this charade!

timlahrman said...

Holly is a real champ and the truth is finally being exposed.

I was present in the crowd and I was most impressed when the judge complimented Holly for her "fine work" on such a complex legal issue.

And if I am not mistaken Holly has another trick up her sleeve for the folks in Florida .....

Rita will be home soon, I can just feel it.

Mary said...

Blessings to you Holly, for fighting the good fight! I have been in a legal battle myself and had no idea what corruption is taking place nationwide in our probate courts, attorneys, judges, guardians, hospice, care homes, etc. I thank you for taking the stand and fighting for the least of these, our elderly and disabled. God Bless You!

Holly said...

Thank you all for your help and the many votes of confidence!