STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION FILE NUMBERS: 02SP 524
***************************************** IN THE MATTER OF: TODD WILSON SHORT, Ward
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***************************************** VERIFIED MOTION FOR CHANGE OF VENUE
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COMES NOW, the Ward, above named, in Pro Se, pursuant to North Carolina G.S. § 35A-1104 and respectfully moves this Court for an Order for Change of Venue in the aboveentitled proceedings for the following reason: On December 19, 2002, 20 02, or thereabouts, the General Court o f Justice Superior Court Division Division in the State of North Carolina, County of Buncombe, adjudicated the Ward incompetent. The Ward¶s guardianship has been on o n going for the past nine years and is without question an unusual set of circumstances which has led to a great deal of controversy. The Ward alledged the Clerk C lerk of Supeior Court has violated the Ward constitutional const itutional and civil rights in an effort to restrict the Ward¶s access to the Court which is preventing the Ward from addresses the mismanagement of the Ward¶s estate in 2003, in which the Ward alledges his estate was depleted of approximately $250,000 in assets by the negligent conduct of two of the Ward¶s guardians, an attorney acting on behalf be half of one of o f the Ward¶s guardians.
In addition, the Ward alledes that a former Assistant Clerk of Superior Court, Buncombe County facilitated these two guardians and the attorney acting on behalf of the general guardian at the time in the mismanagement of the Ward¶s estate.
On November 9, 2011, the Ward initiated a lawsuit in the United States District Court for the Western District of North Carolina, Asheville Division file # 1:11cv304 against the Clerk of Superior Court and two assistant clerks for their alleged violat ions of the Ward¶s constitutional and civil rights.
On November 23, 2011, the Clerk of Superior Court upon the Clerk¶s own motion recused the Clerk¶s office and issued an order transferring the Ward¶s guardianship proceeding to Superior Court
On December 6, 2011, Superior Court Judge, Honorable Sharon Tracey Barrett held a hearing on several motions before the Court pertaining the Ward¶s guardianship. One such motion before Judge Barrett was the Ward¶s Verified Motion to Dismiss Cynthia Alleman as Ward¶s Guardian ad Litem.
After hearing Ms. Alleman¶s position and the position of the Ward, Judge Barrett ruled and issued an Order dismissing Ms. Alleman as Ward¶s Guardian ad Litem. Judge Barrett instructed Ms. Alleman to prepare the Order for the Judge¶s signature.
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On December 8, 2011, Ward amended his federal complaint is which Ms. Alleman was named as an additional defendant and a summons was issued by Clerk of the United States Court. 1. 2. 3. 4.
On December 19, 2002, or thereabouts, the General Court of Justice Superior
Court Division in the State of North Carolina, County of Buncombe, adjudicated Todd Wilson Short incompetent, after the Court found by clear, cogent, and convincing evidence that Short was Incompetent.
5.
On January 7, 2003, or thereabouts, the Court appointed Lawrence E. Thompson
III, Director of Blue Ridge Center for Mental Health, Developmental Disabilities and Substance Abuse Services as Short¶s General Guardian. 6.
During this time, the Ward was also under investigation by the Federal Bureau of
Investigation for possible Mail and Wire Fraud creating co ntroversy surrounding the Ward in general. 7.
From February 1, 2003 through March 28, 2003, various applications, and
motions where filed by the Ward and other interested parties, addressing concerns that the Ward¶s General Guardian, and those acting on his behalf, including Richard Schumacher who was at the Assistant Clerk of Superior Court, Buncombe Count y. The question was raised whether Mr. Schumacher was acting in concert with others in negligently administering the Ward¶s guardianship. 8.
On April 10, 2003, or thereabouts, the General Court of Justice Superior Court
Division in the State of North Caro lina, County of Buncombe entered an Order
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transferring the Ward¶s guardianship to the General Court o f Justice Superior Court Division in the State of North Carolina, County of Jackson to avoid the appearance of any impropriety. 9.
On April 22, 2003, or thereabouts, Ann Melton, Assistant Clerk of Superior Court
in Jackson County, North Carolina issued an Order and Decree removing Lawrence E. Thompson III, as the Ward¶s general guardian. The Court did however ordered that Lawrence E. Thompson was to remain the Ward¶s guardian of person and that Robyn Short Morris and Philip Hannah would act as Co-guardians of the Ward¶s estate. 10.
On May 13, 2003, or thereabouts, the FBI arrested Short, for the alleged Mail and
Wire Fraud. Ultimately, Short entered a plea agreement in the United States District Court, Western District of North Carolina, and accepted a 120-month sentence. 11.
On February 12, 2004, or thereabouts, Ann Melton filed an Administrative Order,
transferring the estate of the Ward to inactive status. 12.
On March 2, 2004, or thereabouts, Ann Melton then transferred the Ward¶s
guardianship back to Buncombe County, North Carolina. 13.
From March 2004 through November 15, 2010, the Ward¶s guardianship lingered
on, with only a Guardian of Person appointed to protect the Ward¶s interest. The Wards µother pending legal proceeding, which were underway where dismissed for wanton of prosecutions, except the Ward¶s bankruptcy petition. 14.
Since there was no guardian of the estate protecting the Ward¶s interest the
bankruptcy judge ultimately denied discharge of the Ward¶s bankruptcy petition in 2008, or thereabouts. 15.
On October 26, 2010, or thereabouts Western Highlands Network, who was the
Ward¶s current guardian of the person at t hat time. , filed a Motion in Cause to Modify
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the Ward¶s guardianship, requesting the Ward¶s guardian of the perso n be transferred to Hope for the Future, Inc. 16.
A hearing was scheduled by Tammy Case, Assistant Clerk of Superior Court,
Buncombe County, who was now handling the Ward¶s guardianship for November 10, 2010, hearing. 17.
Western Highlands Network, served notice upon the Ward¶ father Ted Short Sr.,
mother, Shirley Tressie, Philip Hannah, former Co-Guardian, and Da vid E. Matney, III, apparently still representing Lawrence E. Thompson, Robyn Short Morris was not served notice, however the Ward received notice at his address where he was incarcerated. 18.
On October 29, 2010, or thereabouts, when the Ward received notice of the
upcoming hearing scheduled for November 10, 2010, the Ward contacted Robyn Morris, Ward's sister and to whom has been an interested party in this guardianship since December 2002. 19.
The Ward asked Ms. Morris if she would contact the Court on the Ward¶s behalf
and request a continuance of the November 10, 2010 hearing since the Ward was due to be from federal custody on November 16, 2010. 20.
On October 30, 2010, or thereabouts, Ms. Morris contacted the Buncombe County
Clerk¶s office, spoke with Tammy Case, Assistant Clerk of Super ior Court, and requested a continuance based on the above. 21.
Ms. Case informed Ms. Morris a continuance could not be granted without a
motion in cause being filed. 22.
On November 16, 2010, or thereabouts, the Ward filed a verified petition for t he
restoration of competency with the Clerk¶s Office in the S uperior Court for Buncombe County.
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23.
After issues were raised that the Ward should at least wait o ne year from the date
of his release from incarceration before petitioning the co urt for restoration of his competency the Ward who was in disagreement with this decision nevertheless agreed to the guardian of the person be changed to a limited guardian of the person. 24.
From February 6, 2011 through October 28, 2011, the Ward through letters,
phone calls, and motions to the Court, again raised concerns that his former guardian of the estate, and the former Assistant Clerk of Superior Court, Buncombe County mishandled the Ward's guardianship in a willfully and maliciously manner. Which lead to among other things the disposing of a substantial amount of the Ward¶s property inappropriate and illegal manner. 25.
The Ward believes that since the Clerk of Superior Court plays an indispensable
function in guardianship proceedings that they must remain impartial and unbiased regardless if issues are raise directed at one of their former clerks of court. 26.
However, this Court only needs to exam the Ward¶s guardianship and estate file
to see that the Clerk office has clearly demonstrated a personal bias and prejudice against the Ward. 27.
In January 2011, the Court was furnished a copy of the Multipurpose Evaluation
the Court had order the Ward to submit too. The report clearly implied the Ward competency should not be in question. 28.
On October November 1, 2011, the Ward acting in his own best interest filed
three motions. One such motion addressed the issues that the guardian of the estate was not adhering to North Carolina Rules o f Civil Producers. 29.
Another motion sought the have the Ward¶s competency restored by jury trial and
all parties where properly served.
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30.
The last motion filed by the Ward on November 1, 2011, was in opposition to the
North Carolina Attorney General¶s motion to quash subpoena issued to Ms. Case by the Ward. 31.
On November 2, 2011, the Ward attempted to filed a motion to the Senior
Superior Court Judge, Honorable Allen Thornburg requesting the Clerk¶s office be compelled to rule on motions before the Clerk¶s office which had been previously filed by the Ward and Ms. Morris, interested party. 32.
On November 2, 2011, while the Ward attempted to file the motion to compel,
Steven Cogburn, Clerk of Superior Court, confronted the Ward in a hostile and highly unprofessional manner. Mr. Cogburn advised the Ward he was not permitted to file any more motions, and advised the Ward he was forbidden to come to the Courthouse any more. 33.
On November 2, 2011, the Ward wrote a letter to the Senior Superior Court
Judge, Honorable Allen Thornburg advising him that the Clerk¶s office was denying the Ward¶s right to access to the Courts. The Ward also enclosed with the letter to Judge Thornburg the motion to compel that Ward had attempted to file the previous day. 34.
The Ward believes without question that an appearance of impartially is evident
by the Clerk¶s office in administering the Ward¶s guardianship in accordance with North Carolina G.S. § 35A. 35.
The Ward would also like to bring to the Courts attention that the Ward has never
filed any frivolous pleading. Nor has the Clerk¶s office any Order apply that t he Ward has done such. The Clerk¶s office clearly does not like the fact that the Ward is attempting to address valid concerns, issues and grievances. 36.
Should the Clerk¶s office be so inclined to believe the Ward is filing any such
motion in a frivolous manner they should enter an Order as such affording the Ward a right to appeal such ruling.
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37.
By clear and convincing evidence before the Court, the Court can see that the
Clerk¶s office is in fact at the very least appearing to be bias towards the Ward and Ms. Morris, interested party. WHEREFORE,
the above reasons, the Ward respectfully moves this Court for an Order
of change of venue in all matters pertaining to the connection of the Ward¶s guardianship, including all matters pertaining to the Ward¶s estate in accordance with North Carolina G.S. § 35A-1104, and order such other relief as is just and proper. Respectfully submitted, this date: January 20, 2012.
______________________________________________ Todd Wilson Short
Ward 53 Grindstaff Drive Asheville, North Carolina 28803 Telephone (828) 225-5928
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Verified Motion Change Venue was served on individuals and/or agencies listed below by dep osit in the United States mail, first-class and postage prepaid.
On this date: December 16, 2011 ___________________________________________ Todd Wilson Short Ward 53 Grindstaff Drive Asheville, North Carolina 28803 Telephone (828) 225-5928 Fax (828) 475-1333 Email:
[email protected]
Victor Garlock Attorney at Law Post Office Box 219 Swannanoa, North Carolina 28778
J. Thomas Diepenbrock Attorney at Law 7 Orchard St. Suite 200 Asheville, NC 28801
Hope for the Future, Inc. Post Office Box 672 Weaverville, North Carolina 28787
Robyn Morris 53 Grindstaff Drive Asheville, North Carolina 28803
Ted Short, Sr. 259 Narrows Road Coldwater, Michigan 39036
Ted Short, Jr. 2 Heritage Ct. Coldwater, Michigan 49036
Shirley Tressie 27907 Joseph Road Hockley, Texas 77447
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STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE
Todd Wilson Short, being first duly sworn, deposes and says: That he has read or heard read the foregoing and he knows the contents thereof; that the same are true of his own knowledge, except as to those matters and things therein alleged upon information and belief, and as to such matters and things, he believes them to be true. This the _____________ day of ________________________, 2011.
_____________________________________________ Todd Wilson Short
Sworn to and subscribed before me, this the ___________ day of ________________________, 2011. _____________________________________________ Notary Public
My Commission expires: _____________________________________________
NOTARY SEAL
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