From Pam Barbarito–a probate victim’s story

From: Pam Barbarito <>
To: Kenneth Ditkowsky <>
Sent: Saturday, June 20, 2015 7:44 AM
Subject: Postponed Reply, Question & Comments
Dear Ken,
I hope this email finds you well. I think by now you will
not remember me, but you were kind enough to promptly
response to an email I wrote to you in February.
It was regarding a tax matter and a “professional fiduciary” who
was wrongfully appointed by the Court as a successor trustee to
my special needs trust in another state, without my knowledge
and required consent.
First, I want to thank you so much for your response. I didn’t
get right back to you because frankly I became ensconced in reading
about you, your legal commentaries, etc. Your work in the area
of guardianship abuse is truly laudable. I only wish there were
more in your profession who would demonstrate a little more
courage and integrity and step up in the courtroom, and out in
public to expose and defend against these crimes. It’s really tough,
I know. I am singing to the choir, correct?
I also did not respond immediately because you told me you were
mandated to forward the email to Eric Holder I sent you regarding
Sandra L. Hill (the professional fiduciary) who requested the Court
order me to be the successor trustee to my special needs trust
and file the trust taxes, both of which I am not allowed to do. I
wanted to consider whether or not I felt it would advisable to add to
the list before you or I forwarded the email.
I don’t know if you went ahead and forwarded it, and now we have a
new attorney general.
In any event I believe that it is important to do for the following reason.
If you would be so kind a have a question to ask you afterwards.
Since I was forced into a unwarranted and brutal legal process in another
state than where I reside, I have been at jeapordy of losing my public medical
benefits three times.
Very recently DHS/Aging and Persons with Disabilities in Oregon began a
review of my case for continued eligibility. They sent out several requests
(to California) for my Trust records. Sandra L. Hill was the only one to respond
 and she only sent two documents. One of the documents was a court order
 she stated was the court order which terminated my Trust on October 19, 2012.
That was an a Court Order Sandra L. Hill filed  and subsequently Sandra L. Hill vacated
when she decided  she wanted to go back to court and ask the judge for $30K more for a “reserve.”
I have court documents signed and filed by her and her attorneys which describe the
October  19, 2012 Order as “erroneous,” “revoked,” “vacated,” and “invalid” over a dozen times.
The correct “court” order (in parenthesis because my trust did not require a court order) was December 17, 2012 and a filed “date of entry” of December 20, 2012.
The difference between the two orders is that were false allegations were deleted from the first Order and replaced with a mandate to pay $30K……which led to an arrest warrant being issued  on me….a 62 year special needs beneficiary!!
The false allegations began with her attorney blindsighting me with emails immediately
after I asked Sandra L. Hill to return an initial $3K she took out of my Trust funds very
shortly after “taking over.”
I don’t think I need to explain the reason she sent in the vacated Order.  The only reason
I discovered she did this is because two people from the agency agreed to work on my
case exclusiviely  and assured me they would keep me abreast of all communication/corresponsence
that came in from California, precisely for the reason I just illustrated to you.
Please understand the damaging implications if the documents (the other has implications too) had bypassed me and gone into the review process. My life has been consumed the past 3+years putting evidence together to disprove Sandra L. Hill, et al, very damaging false allegations.
I showed the agency the correct court order and evidence that all the allegations were false.
I have provided a link below. Am I correct that this is the law she violated by submitting
false, or intentionally misleading and/or deceptive, etc. information/documents
to a federal agency? If so, with what agency might you suggest to file the appropriate complaint?
My case is with an Oregon state agency, but of course they do the eligibility reviews
for federal programs like Medicare and Medicaid.
I cannot spend the rest of my life in fear of losing medical coverage and what
the next “trick” will be played on me by these predators. I have lost everything else and am
holding on to a thread.
One last thing Ken. Did you hear about the proposed legislation entitled “The Special Needs
Trust Fairness Act of 2015?” I left a phone message at the 800# given on the website of the
organization who wrote about it in an article. Two days later I received a call from the in house policy
manager on Capital Hill who wanted to hear my “story.” He thanked me for bringing to his
attention the nexus between a special needs beneficiary whose trustee has “sole discretion” over what is spent,which is “ownership” akin a ward under guardianship. However, this is the law covering “protected persons” which does not include special needs beneficiaries.
Those certified by the CGC (which includes professional trustees)are directed to follow NGA rules, regulations and code of ethics which address guardianships. The only nexus to special needs beneficiaries is by way of the definition of “consumer” which includes all fiduciary relationships. However, one would need to dig to find the connection.
The proposed legislation is described as an issue of equal rights under the law, which of course is the basis of the ADA. I mention this because I had been looking at filing an ADA claim, as I am protected under this law. The in-house policy manager agrees that being forced to straddle two states in an attempt to obtain due process, when jurisdiction has been effectively hijacked, is virtually impossible……especially with no resources.
Just in case you want to see what I am referring to, I attached the vacated October 19, 2012 Court Order for termination of my special needs trust and the subsequent December 17, 2012 Court Order which was the legitimate Order. I also attached the false allegations from emails and a Declaration from Sharon Isenhour, Sandra L. Hill’s first attorney, which began right after I requested that Sandra L. Hill return my money. You can see her attempts to intimidate me.
 I also included an email I received by Sandra L. Hill’s second attorney, James Fararr, just days before Xmas, reminding me what would happen to me if I didn’t turn over the money. Sandra L. Hill sent a similar one too.
I was terrified, I admit it. I started my own appeal, but could not continue due to lack of money,legal counsel and procedural knowledge. I think one of the reasons she intentionally did not send the correct Court Order to DHS is because she didn’t want anyone to ask about the issue of the $30K which is included in that Order, because of her involvement in the issuance of the bench warrant for my arrest which was directly connected with that money.
Below is a list I am going to include in my report to the IRS because they worked in a cooperative effort regarding the Trust tax issue.
Sandra L. Hill, California professional fiduciary
Attorney John Christerson
Attorney Sharon Isenhour
Attorney James Fararr
Judge Rebecca Connolly (issued the Order to be successor trustee and file Trust taxes)
Thank you very much for your time, consideration, and any/all comments you would like to make. I sincerely appreciate it.
I keep up with your comments when they show up in JanetPhelan’s email threads.
I also think about you when I need to feel inspired and hopeful that there are people in positions who could effectuate the changes which are so desperately needed and actually make the  effort to do so.
I do hope you are OK given the terrible actions taken against you by the very individuals who should have praised and honored you for your good work and deeds. It was a reprehensible demonstration of cowardice and total lack of integrity!
All my Best,
Pam Barbarito

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