Dear Ken:

Well, spending 6 hours today working on that file was interesting.  Apparently the PS/HW are, as suspected, very light on taking care of paperwork.

I know you will be very surprised to learn of the following:

1)  PS’s Motion to Declare the Apportionment Agreement Null and Void was not filed until May 20, 2011–well past the sec 1401 two year limitations period.  No surprise there.  What is surprising is that Joel Brodsky told the court and PS that back in August of 2010, giving the miscreants a couple of months to file the motion, and they clearly blew it.  There are transcripts where PS has misrepresented to the court that the “apportionment agreement” was merely a private agreement between 2 parties, it was not a court order, and therefore it could be set aside.  All lies.  The miscreants have stood by and said nothing while PS lied about all that.  Kevin Salaam’s affidavit clearly said it was filed with the court and became part of the final settlement order.

2)  During the last hearing, PS told the court that all of Gloria’s witnesses and exhibits were stricken and he had a court order.  He said that Gloria did not turn over her list of exhibits and witnesses on time.  Gloria vehemently denied that.  I could find no court order providing a date for the parties to exchange witness lists and exhibits, I could not find anyone’s witness/exhibit list on file (tho Gloria said she emailed hers to PS, she should have offered to pop open her laptop and show the court on a secure server that she sent those off via email.

PS lies about the court records all the time.  Gloria objected to all of this at the last court hearing, and said PS was lying, but then later she forgot about all of it.

PS has also told the court that Gloria’s Requests to Admit were stricken, but again, there is no court order to that effect either I  could find.

3) Sometime in June 2010, Gloria brought up the issue of Sodini notices not being given and that the court replied “I believe that Judge Connors reviewed that issue and I will not do it again.”  However, the law is that jurisdiction is soooo very important it must be explored each time it is brought up and the court must patiently listen.  I have now very carefully reviewed the court’s records, I have spent about 6 hours, and there is no court order making any findings of fact or conclusions of law on subject matter jurisdiction.  We will provide declarations to that effect.

I personally think a motion for perjury should be in order against PS.  He has lied regarding just about every main issue that was presented in Probate–the jurisdiction, the apportionment, striking Gloria’s witnesses.  You name it, he lies about it.  Unfortunately, perjury is really not possible regarding an atty in court.  Opposing counsel (Gloria) should be filing pleadings and demanding justice on a regular basis.

For the next court date she should put all of the above in writing and bring it to the court’s attention and demand a date to bring her witnesses and exhibits to court.  She should have her own witness that mini-mentals casually mentioned in a medical report are not conclusive evidence of incompetency, etc.

thanks for all your help

joanne