Saturday, July 12, 2014

UPDATED -Cobb County Superior Court's record management should be investigated.~ Marla Ailion Wright and Bruce Ailion case

 The following documents show that Cobb County Superior Court has serious problems with file and record management.

EXAMPLE 1  - Filed August 6, 2007

Example 1 shows how my name has been altered when the case files were stored.  

I was remarried in June 2004 and my name changed from Marla Susan Ailion to Marla Susan Wright. On Example 1 above, my name was changed to Maria Susan Aikon Wyrd from Marla Susan Ailion Wright.  

The other cases listed on this page are parties Andrew and Kathryn (Taffy) Rice (Georgia Supreme Courtcase and Judge Adele Grubbs, and Judge George Kreeger Cobb County Superior Court cases), and Wendy Titelman (Judge James Bodiford, Cobb County Superior Court case and author of the book Let My Children Go).  The document lists three cases each having had unfavorable experiences with the court.  
My first name and two last names were changed according to this record.  Who could be doing this and why?

EXAMPLE 2   Filed April 16, 2008

Example 2 above shows how my name and case number has been changed in the storage of the case files in my divorce case.  Both names are misspelled Alion v Alion, not Ailion, and my correct name does not appear here, Marla Susan Ailion Wright (like in Example 1 above). These documents could be easily lost in a search due to the misspelling of the last name and the inconsistency with the way the case was filed in Example 1.
 Why has my name been altered again on this document to a different last name?
It also appears someone has made changes to the case number with black ink.    I discovered these errors as they appear on the docket.  The correct case numbers are 04-1-4350 -42 and 04-1-5290-42 formerly Judge Adele Grubbs cases. 
Judge Adele Grubbs voluntarily rescused herself from my case November 21, 2011.
See below where Judge Adele Grubbs voluntarily recused herself from my contempt case November 21, 2011 and then Judge George Kreeger was assigned 15 days later.  Several months later , Judge George Kreeger resigned/retired as a Cobb County Superior Court judge effective September 30, 2011.  Now the case can be found on Judge George Kreeger's docket.

EXAMPLE 3   Filed October 6, 2004

Example 3 is an Order for my contempt filed by Judge Adele Grubbs on October 6, 2004, showing on the bottom left of the page that Bruce David Ailion has been incarcerated by the arresting officer.
This is not true.  I was the one re-incarcerated.
Arrested at the October 1, 2004 contempt hearing,  I remained in the Cobb County jail until October 20, 2004.   I was released due to a supersedeas bond issued when an appeal  was filed by my lawyer, Alan Manheim.  
No order was filed regarding the details of the contempt until October 19, 2004.  I remained in jail without any Order to appeal for nineteen days.

EXAMPLE 4     Filed October 19, 2004

Due to false contempt charges, I was in jail from October 1, 2004 until October 20, 2004.

The first Order on my contempt charges was filed October 6, 2004 (six days after my arrest) shown on Example 3.  This October 6, 2004 Order does not state what I am in contempt for but states I am in contempt of this court's order, without referencing any specific filed date for such order.

On October 19, 2004 a second Order was filed which described what the contempt charges were. I was in jail for 19 days without an explanation my contempt charges and without any kind of order that required you to be jailed.

Judge Adele Grubbs was reversed in her contempt ruling in the Huffman V Armenia appeal below, in the Court of Appeals of Georgia case number A06A2105,  filed March 20, 2007.  Huffman was held in contempt over a verbal temporary restraining order that was not filed or in writing.

EXAMPLE 5 a and b  Filed March 7, 2005

a.  The Supreme Court of Georgia Order shows lawyer Alan Manheim was hired (while I was incarcerated) to file the appeal.  He filed an incorrect appeal failing to follow discretionary procedures.  Alan Manheim filed a direct appeal for a civil divorce case and never attempted to amend the appeal so I lost my appellate rights.  See my Supreme Court of Georgia Order below:

b.  The Supreme Court Of Georgia Order above erroneously mentions a Cobb County Superior Court Order that does not exist:

 October 1, 2004- There was no court order ever entered on this day.
 The only court Orders filed by Judge Adele Grubbs were on October 6, 2004 (see above Example 3 ) and on October 19, 2004 , ( see below Example 4).
How can the Supreme Court of Georgia issue an Order based on a Cobb County Superior Court order that does not exist?  
I was re-incarcerated on April 15, 2005 when my supersedeas bond was revoked after my appeal was denied.  I remained in the Cobb County jail until December 13, 2005 when I was released (oddly my birthday).  Again I was re-incarcerated on January 30, 2006 on the same false contempt charges and remained there until October 7, 2006.  I was incarcerated for a total of 18- 1/2 months.  There is no record of my arrest at the Georgia Bureau of Investigation or at the Federal Bureau of Investigation for my time served.

EXAMPLE 6    Dated November 4, 2004

Example 6 is a  letter written to Judge Adele Grubbs from the court appointed receiver she appointed in the October 19, 2004 Order, Mike Colquitt, of Downs and Colquitt P.C.  Mike Colquitt, a C.P.A., wrote to Judge Adele Grubbs and stated his malpractice insurance carrier excludes audit services and therefore could not act as receiver for MBA Properties Inc. (the real estate company which was owned by me and my ex-husband Bruce Ailion prior to the divorce).  At the bottom of Mike Colquitt's letter he carbon copied lawyer Douglas Haynie, who has no involvement in this case.
Why would Douglas Haynie, who was in no way involved in my case, be sent a copy of Mike Colquitt's letter which he sent to Judge Adele Grubbs?  

Douglas Haynie's ( for City of Marietta 1990-present. Attorney for the City of Acworth 1996 – present. Attorney for the Cobb County Board of Tax Assessors from 1989 to present. Attorney for the Cobb County – Marietta Water Authority from 2005 to present. Attorney for the Marietta Development Authority from 1989 to present.) signature as a Notary Public is on a Deed To Secure Debt shown below, along with my ex-husband Bruce Ailion's signature as a witness to this legal document.  Bruce Ailion, real estate broker for M.B.A. Properties Inc. is shown here to be a representative for court members who were employees of the Superior Court of Cobb County.

EXAMPLE 7  Filed December 5, 2006
Example 7 below shows how the Receiver was terminated from my case and how MBA Properties Inc. monies were paid into the Registry of Superior Court of Cobb County without disclosing how much was paid. 

In Judge Adele Grubbs Order Terminating Receivership, she directs the Receiver to deposit ( M.B.A. Properties Inc.'s) funds, without stating the amount of the funds collected over the past 26 months.   The Receiver and Clerk of Superior Court of Cobb County were both collecting M.B.A. Properties Inc. monies from October 2004 until this Order filed December 5, 2006.  I was incarcerated during most of this time.   I was awarded M.B.A. Properties Inc. in a Final Order (Binding Arbitration) filed December 8, 2003.   Judge Adele Grubbs and the Receiver never issued an accounting for these (M.B.A. Properties Inc.) funds in any order in the case record. See the Submission Of Report of Accountant and Motion For Termination of Receiver below (Exhibit V).

Judge Adele Grubbs  in Example 7 above orders the Clerk Of Superior Court of Cobb County to continue to accept funds received from MBA Properties Inc. The funds were over the term leasing commissions (26 months collected as of December 2006) of approximately $1,100 per month, which were due M.B.A. Properties Inc. from two different commercial lease transactions.
Why is the court intentionally not accounting for the M.B. A. Properties inc. monies in this order when it is paying money into the Registry of Superior Court of Cobb County?

 Why has the court never issued any order accounting for the M.B.A. Properties Inc. monies that the Clerk of Superior Court of Cobb County collected from the Receiver and was ordered to continue to collect? 

There is only one case number on this Order Terminating Receivership.   Prior documents relating to the Receiver and my cases have both case numbers (see Examples above especially Example 6).   Why did Judge Adele Grubbs remove case number 04-1-5290 from this Order Terminating Receivership? 

EXAMPLE 8    Filed January 4, 2007

In Example 8 below, Judge Adele Grubbs released $6,000 of the unaccounted for M.B.A. Properties Inc. funds to Bruce Ailion in an Order filed Jan 4, 2007. There is still no accounting in any order filed by this court, for the total amount of M.B.A. Properties Inc.'s funds collected and remaining into the Registry of Superior Court of Cobb County.

 What is the total amount of M.B.A. Properties Inc. funds that the Clerk Of Superior Court of Cobb County was to continue to collect?

What is the total amount of M.B.A. Properties Inc. funds remaining in the Registry of Superior Court of Cobb County?    My attorney David Oles received the accounting from the Clerk of Superior Court Cobb County on 8/21/13 showing that MBA Properties Inc.'s funds are still be held in the court's registry.

According to the docket in the case I filed for a Motion For Contempt For Bruce Ailion's Perjured Testimony, case number 05-1-9639-42 (which is closed and dismissed) below the court Colloguy filed February 1, 2006 states the transcript of the proceeds before Judge Grubbs was on January 17, 2062 but should have been January 17, 2006.

In searching the docket in this Motion For Contempt For Bruce Ailion's Perjured Testimony, case number 05-1-9639-42 (which was closed) below, filed December 19, 2005, I found a portion of the money I paid to the Sheriff for my 100% wage garnishment from the Cobb County Work Release Program,  and the two orders for the garnishment of my bank accounts from the State Court of Fulton County and The State Court of Cobb County which should have been filed in case number 04-1-4350-42, the contempt case against me.  

I was never credited in the contempt case 04-1-4350-42 for the money I paid according to the record below. It was filed in the wrong case number 05-1-9639.  I sent this to the new Cobb County Clerk Rebecca Keaton's (who began as the new Clerk of Cobb County 1/1/2013) office who filed it in the correct case numbers.  .


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