Justice for Frank
A widow’s fight
“Dottie” and “Frank” lived a long life together, but as the twilight years approached, Frank’s dementia made life unsafe for them both. With local memory care facilities full with long waiting lists, Dottie felt unsure of how to help her husband and keep them both safe. Through her church, Dottie met Kyra, a woman who ran “Elder Help,” a referral source for people seeking placement in assisted living facilities. “Elder Help” guaranteed quality referrals through investigations into the care provided and licensing status of the facilities and workers. Kyra referred Dottie to a facility run by “JoAnne” called “Happy Days.”
Relieved, Dottie paid the $500 referral fee and moved Frank into the care of JoAnne at Happy Days. Shortly after, Dottie became suspicious. Frank showed signs of missed medicine, poor hygiene, and general neglect. With her own resources limited, she reached out to Blue Ridge Legal Services, seeking help.
Upon investigation, Dottie discovered that Happy Days was not a dream come true but a nightmare. The facility was unlicensed, ill-equipped to provide the care her husband needed, and failed to deliver the memory care they had contracted for. Even worse, her husband didn’t receive the medication vital to his health and well-being. Investigations found Frank unclothed, with no suitable bed, and dirty, stained sheets. The situation had deteriorated to the point where Frank’s life was in danger. Though Dottie was able to remove Frank from Happy Days, he died soon after.
Despite her heartbreak and the tumultuous journey, Dottie was not alone. She found a steadfast ally in her Blue Ridge Legal Services attorney, who worked diligently to ensure justice prevailed. It was discovered that Kyra had only ever directed people to Happy Days, raising questions about her motivations and the safety of her referrals. She had pocketed a $500 referral fee from Dottie, which she later refunded once a criminal investigation was initiated. With BRLS’s assistance, Adult Protective Services (APS) was able to investigate the case thoroughly, eventually leading to the Commonwealth prosecuting JoAnne, the operator of Happy Days Living Facility. The legal team succeeded in securing a Restitution Order, holding JoAnne responsible for the total amount Dottie had paid for her husband’s care, a staggering $16,806.45. But the quest for justice did not end there. Dottie and the BRLS attorney uncovered the complex web of Elder Help, discovering that it was a franchisee of a company in California. With this knowledge, they set out to recover additional damages under the Virginia Consumer Protection Act in the Staunton Circuit Court.
With determination and support, the legal team took on a civil suit against Happy Days, Elder Help in California, Kyra, and JoAnne. Their efforts bore fruit, as Dottie was not only able to secure the original $16,806.45 from the criminal case but also recover an additional $20,000 from the civil suit. The unwavering dedication of Dottie and the legal services provided by Blue Ridge Legal Services had not only secured justice but had transformed her life. In the face of heartache and adversity, Dottie was able to ensure that her husband’s suffering had not been in vain. Dottie stood as a testament to the power of perseverance and justice.
A Dad’s Love
One Man’s Fight for His Sick Daughter
“Danny” was a devoted father who cherished every moment with his 7-year-old daughter, a bright and spirited child with a heart valve problem. His journey was filled with challenges, especially in his co-parenting relationship with “Julia,” the mother of his child.
Before he sought help from Blue Ridge Legal Services, Danny and Julia had a shared custody order in place. Yet, the situation became increasingly complicated when he learned that Julia had relocated to North Carolina, with her new boyfriend, taking their daughter with her. She had also failed to adhere to the custody order, missing exchanges and leaving Danny anxious for his daughter’s well-being.
Frustrated and worried, Danny decided to take action. With the assistance of Blue Ridge Legal Services, he filed for sole physical custody. At the court hearing, Julia testified that she had moved to Charlotte to attend nursing school, but she couldn’t provide any supporting evidence of her enrollment. It later came to light that she was living in a hotel room and working for Door Dash, a situation far from ideal for raising their child.
Shortly before the court hearing Julia left the child with Danny for two days, and BRLS advised him to keep the child. While Danny was at work and his mother was keeping the delicate 7-year-old, Julia came to his home, banging on the door and cursing that she wanted her daughter. The grandmother opened the door and Julia grabbed the unwell daughter and took her. The chaotic scene was recorded by security cameras Danny had installed, which showed the offensive screaming and cursing, as well as Julia grabbing the daughter and taking her, providing evidence of Julia’s volatility and unsuitability as a custodial parent.
As a result of the evidence presented, the court granted Danny sole physical custody, allowing Julia visitation on alternate weekends within the state of Virginia.
When Danny’s daughter was facing open-heart surgery at the University of Virginia Medical Center, he stood by her side throughout the 68-day ordeal, ensuring her well-being and recovery.
Despite the court’s decision, Julia didn’t give up and filed for custody once again. Again, Danny’s attorneys from Blue Ridge Legal Services stepped in to provide essential support. They presented a strong case, emphasizing the child’s medical condition and the importance of maintaining stability. The court once again dismissed Julia’s petition, offering only Facetime visitation due to the child’s medical needs.
Thanks to the support of Blue Ridge Legal Services, Danny was able to secure his daughter’s well-being and future. The legal assistance had been invaluable, providing him with the resources and guidance he needed to navigate the legal complexities of the custody battle. Through all the struggles and court battles, Danny showed unwavering dedication to his daughter’s health and happiness. The legal support he received from Blue Ridge Legal Services had made all the difference in the world. It was more than just a lifeline; it was the key to ensuring a brighter and more stable future for his daughter, free from turmoil and instability.
A Family Protected:
A Young Mother’s Escape From Torture
“Maria,” a young mother from D.C., found herself entangled in a perilous relationship with “Hal,” a member of a violent gang in the District of Columbia. Throughout their involvement, Hal abducted Maria and her child, relocating them to Atlanta, Georgia, where he concealed them in a hotel room. Inside this room, he subjected Maria and her child to daily torture. He burned them with cigarettes and strangled them to the point of unconsciousness using his hands or electrical cords. He repeatedly assaulted Maria and threatened to kill her child if she attempted to escape. During this harrowing period, Maria became pregnant with her second child.
Unable to continue confining them in the hotel room, Hal eventually sent Maria and her children to stay with his father and stepmother in Florida. Upon witnessing Maria and the children’s condition, the father and stepmother offered them a train ticket to return to D.C. and be with Maria’s family. Maria’s family facilitated her relocation to the Shenandoah County area, where she commenced living with a cousin. Regrettably, Hal tracked down Maria and issued threats, even offering a $20,000 reward for her murder via Facebook.
Facing this dire situation, Maria sought the assistance of BRLS to serve Hal with the requisite documents for a protective order, and just in time: Hal was released from jail on the very day of the protective order hearing. The BRLS attorney skillfully obtained a Protective Order on behalf of Maria and her two children. Collaborating with a local shelter, they secured safe housing for Maria and her children, erecting a legal barrier between them and Hal.
A Scam Uncovered:
An Elderly Woman’s Fight For Justice
“Mary” was an elderly woman living on her social security retirement benefits as her sole source of income. Settled in her home and enjoying her retirement, she noticed that three very large trees were growing close to, and in some cases, onto her home. Out of concern for her safety, Mary cut her expenses to the bone for a year, saving $3,000 to pay for the tree removal. She hired a tree removal contractor she was told was reputable and professional. However, once she sent advance payment, the arborist disappeared, cutting off her frequent attempts at communication. Mary reached out to the Lexington office of BRLS and was assigned an attorney. The attorney sent a letter demanding a refund. When no response was received, a warrant in debt was filed with the court on Mary’s behalf. The arborist contested the case, and a trial was held. The court awarded Mary a judgment against the scam artist for the full amount she paid to him. In the end, Mary felt seen and justified. She is currently pursuing collection of the judgment.
A Home Saved:
An Elderly Client’s Battle Against Foreclosure
“Ken” was a 78-year-old living on a limited income. The home he built in the Shenandoah Valley held countless memories and a sense of security and he lived there for many years. In 2008, Ken took out a reverse mortgage to mend the roof and cover some other expenses. Almost 15 years later, in October of 2022, a notice arrived, bearing news that his home was slated for a foreclosure auction. Ken and his daughter attempted to unravel the mystery behind this sudden foreclosure threat but found nothing but a muddle of confusing and contradictory responses from different voices on the phone. They believed the issue was related to some minor cosmetic damage that happened in 2019. A tree had fallen, scratching the siding on the house, but the contractor they consulted said it was not worth making repairs and Ken never even cashed the insurance check.
Though Ken was entitled to reinstate his reverse mortgage, he could not find out how. Ken and his daughter turned to BRLS for help. The BRLS attorney uncovered a potential second cause for the foreclosure: the absence of a certification of occupancy. BRLS submitted the much-needed certification of occupancy and drafted a letter to the law firm representing the mortgage holder, demanding a reinstatement letter. But this was no ordinary law firm; it handled a substantial caseload of foreclosure matters, requiring multiple calls and emails to finally evoke a response. After persistent effort, BRLS managed to extract a clear pathway for Ken eventually reinstating his reverse mortgage. With BRLS’ support, Ken successfully kept his home and continued to live independently.