Saturday, July 12, 2014

Attorney Hylton Dupree Jr. and Judge George Kreeger (Cobb Superior Court) Marietta Georgia Over 7 Years Later files New Contempt Order in Same 2004 Contempt Case Against Me

This post addresses issues of confusion and misappropriation of collected funds with regard to Cobb County Superior Court (Marietta Georgia) orders and my ex-husband lawyer Bruce Ailion and his newly hired lawyer October 2011) Hylton Dupree Jr .  

Within these documents evidence is provided that the court Order prepared by Hylton Dupree Jr. and signed by the newly appointed Judge George Kreeger (Judge Adele Grubbs recused herself in November 2011 and Judge Kreeger was appointed to replace her)  has improperly applied collected funds to a real estate issue that were intended and ordered to satisfy my child support obligations and medical counseling expenses.  Judge George Kreeger announced his retirement/resignation a few months after signing this order prepared by attorney Hylton Dupree Jr.

The real estate is in question because documents and receipts prove the Doral Property issue is also in error.

For this confusion and error I face today acquisitions stemming from an old satisfied order from October 19, 2004 for child support arrears and a misinterpreted real estate issue over the Doral Property sale.  This October 19, 2004 order for my contempt of paying the court ordered child support arrears and issue over the Doral Property  sale gave my ex-husband lawyer Bruce Ailion the right to garnish my wages from the time of my release from incarceration (October 2006) until the present time, yet he has never once attempted to garnish me and child support enforcement (DHR) never tried to collect one penny of the child support arrears or the money over the Doral Property sale.

The court has failed to recognize that some of it's conditions and requirements have been met:

What I paid is not contained in the new Order filed by Judge Kreeger on March 6, 2012
That $42,000 + was paid by me as required, and it appears the court has lost track of at least $17,000.*  I was not credited with the additional $17,000 + that I paid into the court record an there were never any MBA Properties funds disbursed to, or credited to me by Judge Grubbs or the Superior Court of Cobb County.  Additionally there is approximately $22,000 of MBA Properties Inc. over the term leasing commissions which is still on deposit in the Registry of Cobb County Superior Court as of today, April 16, 2014, which is unaccounted for in the case record.  This $22,000 (not including interest from 2006 until 2014) was discovered by my attorney David Oles when he inquired with the new Clerk Of Cobb County Superior Court Rebecca Keaton.  It appears that these funds have been collected over the years 2005, 2006, 2008, 2009 & 2010. 

MBA Properties income collected by the court appointed Receiver and Clerk of Superior Court Cobb County not credited to me or accounted for.
MBA Properties (which was awarded to me in the Final Order filed December 8, 2003) over the term leasing commissions of $1,100 + per month was paid into the Registry of the Superior Court of Cobb County  for over two years, and is unaccounted for in the court records (this money was collected by the appointed Receiver and the Clerk of Superior Court Cobb County).  Judge Adele Grubbs failed in any Order to account for the total amount of the $1,100 per month collected for more than two years however, she dispersed $6,000 of these funds to Bruce Ailion my ex-husband.
MBA Properties income of over $200,000 contained in the court appointed Receiver's report, Submission of Accountants Report and Motion For Termination of Receivership not credit to me or resolved by any order in my Superior Court of Cobb County case record.
That Judge Adele Grubbs failed to address additional MBA Properties income of over $200,000 that was deposited into numerous bank accounts by my ex-husband Bruce Ailion of over $200,000 detailed in the The Submission of Accountants Report and Motion For Termination of Receivership filed November 7, 2006.    

Between the MBA Properties unaccounted funds of $1,100 + per month (collected for years by the Receiver Robert Silliman and the Clerk of Superior Court Cobb County Jay Stephenson and STILL ON DEPOSIT IN THE REGISTRY OF COBB COUNTY AS OF JULY 2014)  the $200,000 + Bruce Ailion deposited into his bank accounts (in the Submission of Accountants Report and Motion For Termination of Receiver), the $17,000 I paid from 100% confiscation of funds from Cobb County Work Release program and bank account garnishments, and the $25,000 civil contempt purge that I paid, I more than covered the $170,000 or so that the court held me in contempt for.


* funds were collected from the joint business MBA Properties which were unavailable to me. Between October 1, 2004 and  October of 2006,  I had spent almost 18 months in jail, paid $42,000 into the court, lost my job due to my arrests, and lost MBA Properties monthly income.  While Judge Kreeger's Order below credits me with the $25,000 I paid there is no order that acknowledges the $17,000 that I paid. 


Below are my Cobb County arrests for the October 2004 contempt Order: 

10/1/04-10/20/04 - 20 days
4/15/05-12/16/05- 8 months
1/30/06-10/7/06- more than 9 months. 

* Please note the with incarceration in county jails, both the GBI and the FBI require notification of the incarcerations.  My arrests were never reported to either agency. 

For seven years Judge Grubbs October 19, 2004 contempt Order regarding the Doral Property house sale and back child support remained open on the court docket with the last activity being in 2007.



1.  This is a Motion filed by my ex-husband Bruce Ailion and his attorney Hylton Dupree Jr. for a compliance hearing over the October 2004 contempt order. 








2.  This is a Notice of  Fraud I filed in response to the Motion for Compliance Hearing above in November 2011.   This addresses the Doral Property issue, child support issue, my bankruptcy issue, and the MBA Properties issue. Judge Adele Grubbs rescued herself after I filed this in November 2011.









3.  This is Judge Adele Grubbs Order of Voluntarily Recual from my case filed on November 21, 2011.  








4.  Judge George Kreeger’s assignment appears below and I never received any notice of his appointment.



5.  On February 14, 2012, I sent an overnight request for a continuance to my ex-husband's new attorney Hylton Dupree and  to Judge Kreeger's office due to the snow storm in Kentucky extending down through Tennesse into North Georgia. 



6.  My continuance was denied by Judge George Kreeger and he proceeded with the hearing without me present in court. 


Below are the weather reports for February 14, 2012 through February 17, 2012 from Kentucky and Georgia.  I obtained these online and the can all be found still today.  They show snow in Kentucky on February 14, 2012 (we had about one inch on the ground and it was still snowing when I sent my overnight  request for a continuance), a winter advisory for North Georgia, and a winter advisory for Kentucky on February 17, 2012 the day I would have needed to drive home (the court hearing was on February 16, 2012).

KENTUCKY

GEORGIA



7.  Below is the Order of contempt for child support filed by Judge Grubbs on October 19, 2004. Judge Adele Grubbs found me in criminal and civil contempt of failure to pay child support and ordered I spend ten days in jail to satisfy the criminal contempt (which I did).  A civil contempt charge could only be purged by paying the amount the court ordered.

Note: a civil contempt charge can only be purged by paying the amount the court orders.

Up until October 2004 I had paid every month of my court ordered child support of $1,100 per month.  Yet on October 19, 2004 the Judge Adele Grubbs issued an order holding me in contempt for the non-payment of child s
upport. See child support blog  http://courtcollision.blogspot.com/2012/11/testimony-continued-childsupport.html
  

8.   Below is Judge Grubbs Contempt Purge Order filed May 8, 2006 requiring $25,000 for my release from jail.







9.  Proof of my $25,000 payment to the Sheriff of Cobb County is below.




10.  Kreeger’s Order filed March 6, 2012 below, paragraph 14, states that according to Judge Grubbs October 19, 2004 Order I was found in civil contempt for child support arrears in the sum of $35,795.39 and medical and counseling expenses of $5,400.00. Judge Kreeger's Order further states on July 17, 2006 the court entered an Order allowing me the opportunity to purge myself from contempt and be released from the common jail of Cobb County by paying the sum of $25,000 (paragraph 8 & 9 above) to the Sheriff of Cobb County.
Kreeger’s Order filed March 6, 2012, paragraph 15 below, contradicts paragraph 14.  It acknowledges that I paid the $25,000 to the Sheriff of Cobb County  for the child support arrears and medical and counseling expenses and now states the payment is for the $132,000 criminal contempt over the sale of the home of the of the parties located on Doral Circle, Marietta, Georgia (the Doral Property).  
There is no Order filed by Judge Adele Grubbs which applies this $25,000 payment to the $132,000 criminal contempt over the sale of the parties home located on Doral CircleMarietta (the Doral Property).  



11.  Below is Judge Kreeger's Order filed March 6, 2012 which orders me to be arrested again for the October 19, 2004 Order non- payment of back child support (which was satisfied by me).
.


The following payments are a part of the case record:

Work Release Program through the Sheriff of Cobb County - $4,232.58 (see 12 below)
The State Court of Cobb County - $2,415.53 (see 13 below)
The State Court of Fulton County - $2,837.53 (see 14 below)
Child Support Receiver of Cobb County - $7,700.00 (see 15 below)
.M B A Registry of the Superior Court of Cobb County - unknown amount (see 16 below)

12.  During my incarcerations I was ordered to the Cobb County Sheriff's Department Work Release Program on two different occasions.  I had 100% of my wages garnished according to Judge Adele Grubbs Orders below. This left me with no money to purchase food, gas, or necessities.











While working at Sentry Surveillance (both times at work release) and from my real estate company Deerfield Real Estate Services, I paid the Sheriff of Cobb County $4,232.58 who dispersed the funds to Bruce Ailion my ex-husband according to the court record below:

The Sheriff of Cobb County collected a 100% wage garnishment from the work release program  (Sentry Survelliace) and from my real estate company Deerfield Real Estate Service  for a total amount of $4,232.58, shown below.  This is my work income and should be credited towards the child support, medical and counseling expenses.  The Sheriff of Cobb County released these funds to Bruce Ailion with the

proper case number Sheriff’s accounting statement from Southern National Bank below.

This payment of $4,232.58 is not credited to me for towards back child support in Judge Kreeger's March 6, 2012 Order.

13.  My income paid to the Sheriff of Cobb County from Work Release and my real estate company Deerfield Real Estate Services.


14.   Bruce Ailion garnished two bank accounts and received $2,415.52 from the State Court of Cobb County. This payment is not mentioned or credited to me in Judge Kreeger's March 6, 2012 Order for my re-incarceration.






.
15.  $2,837.53 from the State Court of Fulton County bank account garnishment which was released to Bruce Ailion with the proper case numbers.




16.  Proof of my child support payments paid to the Cobb County Child Support Receiver that total $7,700.



17.  MBA Properties Inc. was awarded to me in the Final Order dated December 5, 2003 shown below. 


18.  I have not been credited with any of the MBA Properties Inc. funds collected by the Receiver, the Clerk of Superior Court Cobb County and Bruce Ailion (also see my MBA Properties Inc. post coming soon) in this case according to the following records:

A.   The MBA Properties Inc. funds (which were over the term leasing commissions over $1,100 per month), were paid into The Registry of The Cobb Superior Court  by the Receiver Robert Silliman and by the Clerk of Superior Court of Cobb County, were intentionally unaccounted for.

Below in the Receiver's Submission of Accountant's Report and Motion For Termination of Receiver filed November 7, 2006 (approximately one month after my release from incarceration) the Receiver, Robert Silliman does not account for how much money he collected or how much money he received from the Clerk of Superior Court  that was paid into the Registry of Superior Court of Cobb County.

B.  The MBA Properties Inc. funds which were collected by Bruce Ailion are detailed in the above  Submission of Accountant's Report and Motion For Termination of Receiver. MBA Properties Inc. income was collected and deposited by Bruce Ailion into numerous personal and business bank accounts  The Submission of Accountants Report and Motion For Termination of Receivership, above shows Bruce Ailion deposited a total of $200,253.37 of MBA Properties Inc. into his bank accounts and this was not filed into the record in this case until one month after Marla Wright’s release from incarceration on October 6, 2006
The Submission of Accountant Report and Motion For Termination of Receiver above show that Bruce Ailion owes me $105, 957.50, of MBA Properties Inc. income collected and deposited by Bruce Ailion into his numerous bank accounts 

























19.  Adele Grubbs Order On Bruce Ailion’s Motion To Release Funds Held By Robert Silliman, filed January 4, 2007.  In this Order Bruce Ailion, my former husband, was paid $6,000 of these unaccounted funds collected by the Receiver (Robert Silliman), to settle the lawsuit filed against him by ERA Franchise Systems Inc. in Federal District Court, Kansas City.  This lawsuit was not served on Marla Wright. 

Judge Grubbs failed to issue any additional orders that contained an accounting or dispersal of these M B A Properties funds paid into the Registry of Cobb County Superior Court.  








20.   Judge Grubbs Order Terminating the Receivership And Directing Funds To Be Paid Into Registry Of Court filed December 5, 2006, with no accounting of the amount of MBA Properties funds deposited into the Registry of Superior Court of Cobb County.





21.  Judge Adele Grubbs states below in the Order filed February 16, 2007  that she would address the MBA Properties Accountant and Receiver Report issue after jurisdiction is returned to her court but never issued said Order. This was in response to my filed Motion To Close Evidence based on the filed Accountant and Receiver Report, which showed I was due $105, 957.50, of MBA Properties Inc. income collected and deposited by Bruce Ailion into his bank accounts.






I was never credited with any of the MBA Properties monies that were paid into the Registry of Cobb County Superior Court (collected by the Receiver and the Clerk of Superior Court of Cobb County) or any of the MBA Properties monies deposited into Bruce Ailion's bank accounts, in any order in the case record.  There has never been any accounting of the amount of MBA Properties monies collected by the Clerk Of Superior Court of Cobb County and the court appointed Receiver Robert Silliman in any order in the case record.










1 comment:

Anonymous said...

I suppose you are aware of Hylton Dupree being sued for unethical and illegal actions by Waffle House CEO Joe Rogers. Dupree's corrupt alliance with Judge George Kreeger is not limited to just your case. There are other innocent victims out there Keep up the good fight and God bless.