THE ALLEGED ABDUCTION OF CLARA G FERNANDEZ

 Elder Abuse of Clara G Fernandez - the other side - Dr. Manuel Pena, Why?

 

Did Dr. Manuel Pena have any reasons to believe that Clara had been abducted, being held against her will, being drugged or anything else?  The evidence tells a very different story than what Dr. Pena put in his sworn statements.  

 

Dr. Manuel Pena, M.D.

210 Tupelo Road

Naples, FL  34108

239-348-7362

 

On Sunday, December 19, 2004 at 2:52pm, Al called Manuel Peña to give him an update of what is going on with Clara, just to keep him informed.  He rebuked Al saying that he “did not have the time, did not want to get involved", and totally uninterested in anything Al had to say.  If Peña was really interested in Clara’s well being, that would have been a good time to ask questions.  Further more, Al left the door wide open for any further discussion, Peña declined.

 

April 14th, 2004, Manuel Peña signs a sworn statement under penalties of perjury, making the following statements.

 

1.         That there appears to be an imminent danger that the physical or mental health or safety of the alleged incapacitated person will be seriously impaired or that the property of that person is in danger of being wasted, misappropriated or lost unless immediate action is taken because:  the alleged incapacitated person was involuntarily removed from her residence in Monroe County and is not receiving appropriate medical care.  On the contrary, she has received harmful care which is evidenced by the fact that she was found to have received a substantial amount of Ambien, which she was specifically advised not to take.  Additionally, the alleged incapacitated person’s bank accounts and lines of credit have been accessed through undue influence thereby causing over the limit transactions and insufficient funds.

 

NOTE:

              Clara was not involuntarily removed from Key West, as her visit was pre-planned in advance and left Key West with one month supply of her medications, purse, Id's, sufficient clothing and toiletries.   In addition to that, she was interviewed by Adult Protective Services four times as will as an officer with the Winter Haven Police Department while in Winter Haven.  W.H. Police Rpt.  Clara was involuntarily removed from her home in Royal Palm Beach by Dr. Pena.  Clara received good care as evident by her medical records and other statements made by other professionals that spent time with her. She was never found to have received substantial amounts of Ambien or any other drug for that matter in her system at any time.  Clara's Ambien dosage prescribed by Dr. Lopez, Clara's primary physician in Royal Palm Bach was 5mg, half the dosage that she was prescribed by Dr. Nancy Kaplitz, Clara's Neurologist in Key West as of June 17, 2004, she prescribing 10mg.

 

              Just because a Medical Doctor says something is true, in my opinion should not give a Judge the power to do what he did without at least requiring evidence to support his claim before grabbing an elderly person from her home and forcing her back to the abusive situation she fought so hare to remover herself from.  All the facts show that Dr. Pena's Petition was nothing but a fraud.  This is just for starters.

 

 

According to Dr.Kaplitz report of June 17th, 2004.  The full report is shown toward the top of this website.

 

        

As far as Clara's Bank Accounts and lines of credit goes:  There was only one Line of Credit and it was on the Key West House with BB&T bank.  The Line of Credit was never touched by Clara or Al while she was with him.  However Clara did put a medallion signature guarantee requirement on that account to prevent Raul from accessing it, as he had forged her signature on her Merrill Lynch Account, taking $25,000 from it and attempted to take another $15,000 in the same fashion, then lied about it.  At the time Clara left Key West and out of Raul’s control, the line of credit had a balance of about $171,000, most of it going to Raul, $30,000 supposedly to pay off his credit cards and $70,000 was transferred to private bank accounts in Chicago, solely in Raul’s name.

 

 

After Dr. Pena forced Clara back to Key West and back in Raul’s control, the balance of the line of credit jumped to a maximum of $245,000.  This is what Clara did not want to happen.   This is one of the reasons she wanted to keep Raul from controlling her and her finances.  As of November 2007, the monthly payment on this account is about $1,500, more that twice it was before she left Key West.  Clara’s social security check is somewhere around $1,800 per month.  You do the math.

 

The Key West Checking Account was never touched by Clara nor Al as Dr. Pena stated in his petition.   If the main checking account was over-drawn, it was done by Raul. 

 

Dr. Pena’s actions put Clara on the path to total financial ruin that she spent a good part of her life to build.   So far he has not taken any responsibility for his acts.


 

               This is the activity that took place on BB&T Home Equity Credit Line from it's inception.

     This was a Line Of Credit for a maximum of $250,000.00. It was set up in the names of Clara G Fernandez, Clara G Fernandez Declaration of Trust Date August 28, 1998 and her husband, Adalberto Jacobo Fernandez.  At the time this Mortgage was put in force, the house was owned solely by Clara G Fernandez Declaration of Trust Date August 28, 1998.  The total borrowed was $171,380.34..  What follows is a complete list of advances made on this account as of the date that Dr. Pena removed Clara from her home in Royal Palm Beach claiming that Al accessed this account.

 

Date Written to Purpose Amount
July 15, 2001 First Union/Wachovia No idea $44,421.09
August 1, 2002 Raul Fernandez   Supposedly to pay off Raul’s Credit Card Debt  $30,000.00
January 2, 2003   Clara Cash $1,000.00
January 2, 2003   First State Bank  To main checking Account $1,000.00
April 10, 2003 Bank One, NA / PFG, Inc Private Account for Raul (Commodities Trading) $50,000.00
May 1, 2003 Fidelity Investments Day Trading Money for Raul  $10,000.00
December 9, 2003 American Nat. Bank / PFG. Inc. Private Account for Raul (Commodities Trading) $20,000.00
April 27, 2004 OCHD  Bay Lake Project  $310.00
April 27, 2004 Sullivan Surveying  Bay Lake Project  $350.00
April 27, 2004 Stephen & Davis Bay Lake Project  $2,739.25
April 28, 2004 BOCC Bay Lake Project $50.00
June 2, 2004 Micro Spinal Center Raul’s Personal medical Expense  $11,610.00

$171,380.34

 

                                     BB&T Checks

                                                                                                       

Note that $3,449.25 was spent on the Bay Lake Project (House Construction on lot 111) that Raul decided not to build.

Note that $70,000.00 went into a Private Account in Raul's name (for Commodities Trading)

Note that $10,000.00 went to Fidelity Investments for Raul’s Day Trading.

Note that $30,000.00 went to Raul supposedly to pay off Raul’s Credit Card Dept.

Note that $11,610.00 went to pay Raul's medical bill that he claims he paid from the $25,000 he took form Clara's Merrill Lynch Account.


 Not only did Al not access the Line of Credit, but Dr. Pena turned
Clara over to the one person that did take advantage of that account.

 

Medallion Signature Guarantee All checks and transfers
Medallion Sig. BB&T Checks

 

                                      

 

Considering that Peña refused to talk to Al about Clara’s current situation on December 19th, 2004, and made no contact with Al afterwards, these questions must be brought to the foreground.

a.        What physical evidence did Peña have to make these serious accusations?

b.       What current financial records did he have to make such an accusation?

                                                                                                   i.      Current private checking account information?

                                                                                                 ii.      Current private investment accounts information?

 

c.    What current medical records did Peña have to make such accusations?

1.         Blood work?

2.         Medicines being administered?

3.         Psychologically reports?

4.         Knowledge of who Clara’s current doctors were?

5.                  How many conferences did Peña have with Clara’s current medical doctors?

6.                  If any conference did take place, when and with whom?

 

 

2.      That Clara is in need of special diet, physical therapy due to osteoporosis, and constant medical attention due to hypertension, early onset of dementia and Alzheimer.

 

     On November 17th, 2004, the day before a divorce proceeding in Key West, Clara fell while getting out of the bath tub and hit the back of her head.  She was airlifted to Baptist Hospital in Miami.  After the accident, Clara was in hospitals and nursing homes up until February, 17, 2004 when she was discharged from Chattsworth, one of the best skilled nursing facilities in Palm Beach County, located at 347 Hiatt Drive, Palm Beach Gardens, FL  33418.  Telephone (561) 227-3226.  Clara was discharged to Al’s home in Royal Palm Beach.  Her medical program consisted of a full time care giver and an outside medical agency call “Hospital without Walls, Telephone number (561) 742-2552.  This agency started their program with a social worker checking the home environment for needed equipment and any safety concerns within the home.  They provided for a nurse, three times a week, physical therapy three times a week and a person for her personal bathing needs.  She was being followed up by her primary physician that she had while at Chatsworth, Dr. Rohit Dandiya, M.D.  As Clara’s health improved, we felt that Clara would be better off with a Doctor that spoke Spanish and was closer the house.  We chose Dr. Maria Lopez MD, at 10111 Forest Hill Blvd., suit 255, West Palm Beach, Telephone Number 561-753-7266, to be her primary physician. Maria Lopez remained her primary physician for the remainder of time she was with Al in Royal Palm Beach.  At no time was Clara not under the care of a physician and/or a team of professionals in the health care field.

     On May 1st, 2005, Al had a medical case management initial comprehensive assessment done on Clara.  This was performed by a private firm called “Just Checking”  They are funded by the Quantum Foundation , Inc. and The Department of Elder Affair’s, located at 2290 10th Avenue North, Suit 603, Lake Worth, FL  33461.  The interview was done by Roberta Matranga, Administrative Coordinator.  Her phone number is 561-540-1377.

     On May 20th, 2005, Clara’s Physical Therapist stated on a report “pt. Appears to be very happy.  She sings and dances at times.  Very pleasant.  Appears to appreciate life".


     Considering the fact that Dr. Peña never contacted Al during Clara’s recovery, never asked any questions, never asked to see any of her medical records or any other paperwork concerning her well being and making no real effort to get to truth makes it very clear to me that Dr. Pena’s interest was not in Clara’s wellbeing, but only of that of his cousin Raul.

 

     In my opinion, his acts were nothing more than a ploy to use his medical degree to do a favor for his cousin Raul that forever put Clara’s emotional, financial and physical wellbeing in jeopardy.

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