GUADALUPE
OLVERA'S WAR!
Elder Abuse Likely - Under
Color Of Law
I'm going to go to California no
matter what! I'm not
going to live here. I don't need
that man either.
I don't need Jared (Shafer). -Guadalupe
Olvera
Ms. Schultz kidnapped Mr. Olvera
during the night
and brought him to California.
-
Jared Shafer
Click
on image to view 2:27 sec. court record of Mr. Olvera's ignored plea
.
91
year old WW2 hero pleads to be allowed to spend his final days with family
in California.
Private
Guardian Jared E. Shafer signals his displeasure to Family Court Judge
Jon Norheim
who
refuses to permit Olvera to leave LV. Family defies court and moves patriarch
to
Santa
Cruz County while funds continue to be drained from his account in Nevada
to
pay lawyers to fight for his return.
INSIDE VEGAS by Steve Miller
AmericanMafia.com
February 25, 2013
LAS VEGAS - Like a scene from the movie
"Misery" starring
James Caan and Kathy Bates, this drama played out in Las Vegas Family Court.
On Sept. 8, 2010, upon the insistence of
his attorneys, then-91 year old WW2 veteran Guadalupe Olvera -- wearing
his Army uniform -- was begrudgingly permitted to speak
on the record. He had reportedly been forbidden from attending a previous
court hearing.
At the Sept. 8 hearing, Mr. Olvera pounded
his fist while he clearly
told how he wants to fire professional certified private guardian Jared
E. Shafer, leave Las Vegas, and spend his final days with his family
in Santa Cruz County, California. In open court, Olvera was repeatedly
interrupted by the judge and Shafer's attorney Alan Freer, mocked, condescended,
and ignored after he said "Give me a Chance!"
Olvera suffered permanent frost bite damage,
vision, and hearing loss fighting in World War Two. After his wife died
in 2009, he was placed in the Nevada guardianship program because he had
no relatives living in Nevada to help him settle his affairs, a requirement
of Nevada law.
In 2003, Carmela and Guadalupe Olvera moved
from Central California to Sun City Anthem in Henderson. Soon after arriving
in the Vegas area, Carmela attended an estate planning seminar given by
John Dawson at the Sun City Anthem Community Center. She and several other
residents hired Dawson of Lionel Sawyer Collins (Alan Freer's previous
firm) to create trusts and wills, only to discover he had made himself
executor of many of their estates. Little did Carmela know that she was
about to hire an attorney who who has a list of infamous
clients.
Carmela died in November 2009. Her only
living child Rebecca Schultz flew to Las Vegas to make arrangements to
have her father move back to California. Rebecca was informed because her
mother had been guardian over her father's 'person,' she needed a temporary
guardian to settle Guadalupe's affairs so he can leave Nevada. For-hire
guardian Jared Shafer was recommended by someone working in the Guardianship
Commissioner's Office of Jon Norheim. Against court policy, they gave Shafer's
unlisted home phone number to Rebecca. After hiring Shafer, Rebecca was
reportedly told that it will take two or three months to "package things
up."
She had no idea that she had just signed
over her father's person and entire fortune to a stranger with a questionable
background!
Mr. Olvera's Henderson home is free and
clear and worth an estimated $500,000. He also had a late model Toyota,
and sizable bank accounts at Wells Fargo.
"The first time Robert and I were finally
allowed to visit after Shafer took over, we were not allowed to spend the
night at my father's home, despite the fact that he had two spare bedrooms,
forcing us to check into a hotel. During the next several months, Shafer
allowed us to stay at dad's, but for no more than four days at a time.
Patience Bristol (that's her real name), Shafer's assistant guardian, told
us that if we spoke to dad about the guardianship, they would have to limit
our visits."
Months after becoming guardian, Shafer
reportedly told Rebecca that it will take much longer to settle Mr. Olvera's
affairs. In January 2010, with her patience exhausted along
with her traveling funds, Rebecca hired a Las Vegas law firm to petition
the court to have Shafer's guardianship terminated. Shafer's attorneys
(at Olvera's expense) objected, telling the court that Schultz is an "exploiter"
though she's Olvera's only living child.
According to Schultz, on April 27, 2010,
the eve of a court hearing, Shafer reportedly advised Patience to send
a text to Guadalupe's caregiver stating "You are NOT (in capital letters)
to bring Lupe to court," denying Mr. Olvera the right to attend his own
hearing the next morning.
On September 8, 2010, another hearing was
held in the court of Judge Jon Norheim, and Guadalupe was reluctantly allowed
to attend. After Norheim ruled he could not leave Vegas, Guadalupe
demanded to be heard. He
told the court in no certain terms that he wants to relocate to California.
"I'm going to go to California no matter what! I'm not going to live here.
I don't need that man either. I don't need Jared (Shafer)!"
In his 2 minute 27 second plea on
Court
video, Mr. Olvera unequivocally stated his desires inspiring the judge
to tell Shafer "They knew this was coming."
"They knew this was coming?"
After viewing Olvera's plea and the judge's
response, veteran and senior advocate Peter Christoff stated, "It's as
if he were already dead."
To no one's surprise, Norheim ruled in
Shafer's favor.
According to Schultz, Jared Shafer had
told her, "I don't even have to go to court. The judges give me everything
I want."
In spite of the court's ruling, Olvera,
who is a survivor of the Battle
of the Bulge, proved he's still a leader and why he's called a war
hero. He ordered his family to immediately move him away from Shafer
and Judge Norheim's grasp, and on September 23, 2010, they did just that!
Several days after Rebecca drove her father
to California, Mr. Olvera unsuccessfully tried to withdraw funds from the
Olvera trust account at the local Wells Fargo Bank. This triggered a call
from the Santa Cruz County Wells Fargo branch to a Las Vegas bank official
based on a system wide alert issued at Shafer's request. "We suffered the
humiliation of the local bank calling the Las Vegas banker to confirm that
my father could not touch his OWN money," stated Schultz.
Here's Shafer's reaction as described on
one of his invoices:
Nonetheless, Mr. Olvera was beginning to
live happily with his daughter and son-in-law Robert near his granddaughter
and great granddaughter in the Central California hills near the Pacific
Ocean.
Jared Shafer was livid!
Lupe
enjoys first month with family on Central Coast after being "kidnapped"
from guardian's custody
Unfortunately, Shafer who is not a lawyer
still maintained total Power of Attorney over Mr. Olvera's sizable
trust account and Henderson home (Shafer reportedly changed the locks twice
at Olvera's expense).
The charges to Olvera's bank account continued.
On December 8, 2010, while Olvera was enjoying his first Christmas back
home with his family, Shafer charged the Olvera trust $687.50 to appear
in court where he initially referred to Rebecca's compliance with her father's
wishes as "kidnapping." Then he filed a Contempt charge against her.
Lupe celebrates his first Christmas at home after "kidnapping"
One month later, Shafer paid himself $500
from Olvera's trust to appear in Norheim's court to request a Bench Warrant
be issued for Rebecca Schultz' arrest. Norheim capitulated. This action
effectively prevented Schultz from defending her father (who is called
a "Ward") at future court hearings requested by Shafer, unless Shafer personally
asks the court to temporarily suspend the warrant while she's in town --
a risk Schultz is not willing to take.
In Shafer's October 9, 2012 PETITION
FOR FEES AND COSTS, his attorney Alan Freer wrote: "Ms.
Schultz kidnapped Mr. Olvera during the night and brought him to California
(emphasis added). In response, Mr. Shafer filed an Ex Parte Application
on September 23, 2010, and this Court entered
its Order Directing and Compelling Return of Ward and Setting
Status Check Hearing. On October 6, 2010, this
Court cited Ms. Schultz to appear and show cause why she should not be
held in contempt, and on October 7, 2010, entered its Order
to Show Cause as to why Ms. Schultz should not be held in contempt."
"For
the period of July 1, 2011 to September 30, 2012, the law firm of Solomon
Dwiggins & Freer, Ltd., has incurred fees in the amount of $33,235.00
and costs of $987.56, for a total of $34,222.56. Attached
as Exhibit 12, is the declaration of Alan D. Freer and an accompanying
redacted billing statement. Such fees and costs
were incurred as a result of Rebecca Schultz's refusal to comply with this
Court's orders and return the Ward to the care of the Guardian in Nevada
as detailed herein."
Since Olvera left Las Vegas in September
2010, according to Rebecca Schultz, Jared Shafer has not visited or inquired
about Mr. Olvera's health or well being. Instead of sending one of his
associates to visit Mr. Olvera, Shafer's only focus was to spend Olvera's
money trying to force him to return to Vegas against his will whether it
was in Olvera's best interest, or not.
"One of Shafer's excuses to not terminate
his guardianship was his insistence my father was incompetent, despite
the fact Shafer had the evaluation in his hands of a Nevada physician by
the name of Dr. Sherk, who wrote," The fact that he is on guardianship
presents a legal problem as to his current contractual capacity and this
issue will have to be addressed by appropriate measures. In my opinion
he does not require a guardianship at this time."
"Once back in California, dad was evaluated
several times by two highly qualified doctors in addition to the Veteran's
Administration. All reports concluded dad is competent. Shafer rejected
all California evaluations and insisted that if a new "Nevada" doctor finds
dad competent, he will terminate the guardianship. We were duped into using
a doctor Shafer approved who met with dad for 50 minutes and billed his
estate $2100.00! The California doctors only charged $200 and $300 per
hour and each met with dad at least two times for an hour each. The report
submitted by the Nevada doctor read as if written by Jared Shafer himself."
The guardianship continued along with the
draining of funds from Olvera's trust.
In my opinion, Jared Shafer does not want
willing family members caring for his "Wards," and he obviously cannot
tolerate loved ones taking matters into their own hands if they suspect
elder abuse. With the help of friendly judges like Norheim, I believe he
can maintain ultimate authority over his "Ward's" person and fortune for
the remainder of their lives -- which often last only months after they
are committed to small private rest homes of Shafer's choosing. (See the
story of Anna
Marie Gaule. I was the reporter who witnessed the conditions at her
rest home, and photographed her injuries, and was not allowed to testify
or present evidence in Family Court.)
Despite being aware of Shafer's actions,
Mr. Olvera was busy enjoying his new life away from Shafer and Norheim's
grasp. He soon became active in his old Aptos, Calif. VFW Post in which
he had been active for over twenty years, and was honored as a War Hero
in the town's Fourth of July parade. He knew exactly what was happening
to his fortune back in Las Vegas, and he was completley aware of the intentional
infliction of emotional distress being suffered by his loving daughter.
Also, for the first time, Mr. Olvera was
provided a scooter and stair lift by the Veteran's Administration to help
him be more independent. While living under Shafer's "guardianship," he
was never informed that such facilities are offered for free to war vets.
.
Lupe celebrates Forth of July with VFW pals ten months after being "kidnapped"
But, Olvera's war was far from over.
While he lived healthfully and joyfully with his family, his fortune was
being drained back in Las Vegas.
Shafer continued withdrawing funds from
Olvera's trust account even though he was five hundred miles away.
According to the Jan. 2010 Wells Fargo
bank statement, the balance in the trust at the beginning of Shafer's "guardianship"
was $466,186.00.
According to the Oct. 2010 trust statement
from Wells Fargo, after Olvera was "kidnapped" from his life of sorrow
and solitude in Las Vegas, $350,885.00 remained in the trust with Shafer
having spent $115,301 in ten months time.
On February 22, 2013, after much delay,
Rebecca was informed that Wells Fargo had finally transferred almost all
the remaining cash, now reduced to about $150,000.00, to the conservator
over Mr. Olvera's estate in California. The balance of $149,649.00 was
spent at Shafer's discretion after Olvera had left Las Vegas.
Based on Rebecca's inquiries about her
father's estate, Wells Fargo tried to convince Rebecca that they monitor
her father's account to make sure duplicate payments are not made.
In spite of the bank's words, a number
of double billings were shown in bank statements. All were authorized by
Shafer and paid from Mr. Olvera's trust account draining it of additional
thousands of dollars.
"I have provided copies of trust statements
to all federal agencies showing that indeed duplicate payments were made
by Wells Fargo. Wells Fargo is enabling Mr. Shafer and totally lacking
in fiduciary duty," stated Schultz.
Also according to Wells Fargo bank statements,
since Olvera's "kidnapping," Shafer paid himself $19,060.76 from the trust
@ $250 per hour for court appearances, reading emails, taking phone calls,
and other "services."
And with Olvera living out of his jurisdiction,
in addition to his own salary, Shafer paid his cronies over $103,417.73
from Mr. Olvera's trust.
These payments included $8,595.00 to co-guardian
Patience Bristol, $19,166.90 to California attorney Tom Dwyer to try to
transfer Rebecca's Bench Warrant to California, $275 to Ace Lock and Key
in Las Vegas to change the locks on Olvera's Henderson home, $10,000 paid
to California attorney Raimund Freihube to try to capture Olvera's carpenter's
union pension, $3,190 to "Keep you company" for services after Olvera left
town, and last but not least, $72,515.83 for attorney Alan Freer's services
(Shafer's arrogant lawyer appearing in the 9/8/10
court video).
In this email, Wells Fargo Bank seems to
blame these expenses on Rebecca.
In yet another email from Wells Fargo,
it stated; "The Carpenter's pension and Social Security checks were being
mailed to Mr. Shafer's office and he would forward them to our office.
We are in the process of having those payments redirected to Wells Fargo."
According to Rebecca Schultz, this was
a complete fabrication.
"Jared Shafer continued to receive these
payments directly as payee. There are no records in the Wells Fargo trust
statements showing carpenter's pension and Social Security deposits to
the Olvera trust at that time. I have several copies of canceled checks
paid directly to Shafer from the carpenter funds."
Schultz continued; "One of the worst stunts
Shafer pulled was to challenge the carpenter pensions dad was receiving
in California (and earned in CA). Shafer caused one of the carpenter trusts
to open a federal case in L.A., naming Shafer, my father, and myself all
defendants until they could determine where dad?s pension should go! This
cost my father over $20,000, and Shafer used dad's money to hire himself
an attorney, but he did not retain an attorney for my father! Shafer also
told the carpenter trusts that I was receiving dad?s money, which was untrue.
I have the documents to back that up. Alan Freer made things worse by writing
in his future filings that I was the only one being sued, leaving out the
fact Shafer and my father were also defendants."
With so much information in my computer
files, I attempted to interview Jared Shafer, but he did not respond to
three written requests for his side of this story.
Who are Jared E. Shafer and Jon Norheim?
For Shafer and Norheim, the adage "You're
judged by the company you keep" is SO fitting.
.
(L to R) Ralph Rizzolo, Jon Norheim, Rick Rizzolo, Jared E. Shafer
(INSIDE VEGAS photo of Norheim by Buffalo
Jim Barrier)
Norheim served as attorney for the Crazy
Horse Too. Shafer, Mike
McDonald, Rick Rizzolo
and
other "Pillars of the community"
were officers of the infamous Youth
Charities of Southern Nevada.
Here is an excellent
synopsis of this case as published in the Santa
Cruz Weekly:
Guardianship
Case Highlights Plight of Elderly
WW2 veteran Guadalupe Olvera's
right to move in with his daughter in Aptos was disputed by Nevada authorities
for three years
by Georgia Perry
Jul 31, 2012
(Photo by Chip Scheuer)
She called Family Court Commissioner Jon
Norheim's office for advice. According to Schultz, the woman who answered
the phone told her she would need to have a temporary guardian put in place
and gave her Shafer?s unlisted home telephone number.
FULL STORY:
http://www.santacruz.com/news/2012/07/31/guardianship_case_highlights_plight_of_elderly
The Santa Cruz Weekly made
this statement at the end of their article: "On July 16, Santa Cruz family
court judge Timothy Volkmann and The Grunsky Firm, representing Shafer
locally, agreed to appoint Chaddock as guardian over Olvera's estate and
Schultz and her husband as guardian over her father's person. Shafer's
guardianship will be terminated, as long as Shafer and the Nevada courts
finalize the procedure (emphasis added). Keith Dysart, Schultz's
local attorney, encouraged her to take the day off and celebrate" she had
won. Schultz reports that she was in shock, and says she doesn't feel out
of the woods yet. She expects Shafer will drag out the transition, making
it "difficult and expensive.'"
And seven months later, Ms. Schultz' expectations
came true.
Shafer wavered on his agreement to
release Olvera from his guardianship, and filed a new civil lawsuit against
Rebecca Schultz that she cannot personally defend because she can be arrested
if she steps foot in the Las Vegas courthouse.
A February 4, 2013 letter from Shafer's
attorney asks the court to continue the Bench Warrant "contingent upon
all outstanding guardian issues being resolved." The letter refers to Shafer's
"Final Account of Guardian" document filed on October 9, 2012 stipulating
that "the Guardian has paid all sums of money due from the Ward's Estate"
before the guardianship can be terminated. In other words, Guadalupe
will not be released from Shafer's "guardianship," and Rebecca's bench
warrant will stand until all of Shafer's cronies are paid in full.
And as if someone kidnapped the
goose that lays golden eggs, here's Shafer's surprise lawsuit against Rebecca
Schultz naming his cronies as Plaintiffs.
"I was never served notice of this lawsuit
which is why I have not responded," stated Rebecca. "They filed a fraudulent
affidavit of service."
Clark County District Court Judge Joanna
Kishner should be aware that Rebecca Schultz insists that she was never
served with any papers pertaining to this lawsuit.
"Freer filed a phony affidavit of service,"
according to Schultz
Also, Judge Kishner should be made aware
of the Bench Warrant for Schultz' arrest effectively deterring her attending
her own hearings in Nevada - a real life catch-22. Without Rebecca's presence,
it's more than likely Shafer, et. al. will succeed in obtaining an Entry
of Default. If so, the balance of Mr. Olvera's trust may be drained, and
in the event there's a shortage, the court may seize and sell Mr. Olvera's
Sun City home to pay Shafer's friends their unreasonable fees.
Case
No. A-12-671427-C
Jared Shafer, Plaintiff(s)
vs.
Rebecca Schultz, Defendant(s)
02/21/2013
Request
for Entry of Default Against Defendant Rebecca Schultz
Date Filed: 11/02/2012
Location:
Department 31
Judge Joanna Kishner
Plaintiff Avid Business Services
of Nevada Inc
Plaintiff Bristol, Patience
Plaintiff Deittrick, Amy
Plaintiff Freer, Alan D
Plaintiff Gamett & King
Plaintiff King, Shawn
Plaintiff Professional Fiduciary
Services of Nevada Inc
Plaintiff Shafer, Jared
E
Plaintiff Simpson, Robert
Plaintiff Solomon Dwiggins
& Freer Ltd
Here are eleven INVOICES
from Shafer's PSFN, Inc. that show unreasonable withdrawals -- mainly to
pay himself including $11,425.00 for "email," $6,249.50 for Shafer's "Court
Appearance," and $500.00 to "Open and Inventory Safe Deposit Box."
The information presented in this column,
along with reference to dozens of similar abuses, was provided to the U.
S. Department of Justice and Nevada Attorney General. Hopefully, shining
a light on this issue will discourage additional cases like that of Guadalupe
Olvera.
Since Mr. Shafer did not wish to comment,
I will give Rebecca Schultz the final word.
"All my father's civil rights have been
violated. I am being punished by Jared Shafer for exercising my 1st Amendment
right - my freedom to express myself and tell the truth about who he is
and what he does. Shafer and his cronies have made a lot of people very
unhappy. These unhappy people have for many years expressed their opinions
and experiences about Shafer's exploitation of the disabled and elderly,
yet he chooses to come after me for fighting to protect my father and all
he worked for. He is like a child who has had his candy taken away."
"Lupe" Olvera celebrates two years after being "kidnapped" from Jared Shafer's
custody
FULL TRANSCRIPT OF SEPTEMBER 8, 2010 HEARING:
http://www.stevemiller4lasvegas.com/OlveraHearingTranscript.pdf
MORE INFORMATION:
http://www.stevemiller4lasvegas.com/Shafer.htm
http://www.twistedbadge.com/story_articles/id_241/
