from FB: Charlie Thrash appears to be another victim of Probate Gship Corruption

Please read and sign petition:

Free Charlie Thrash from guardianship – before it’s too late

Friends of Charlie Thrash started this petition to Charlie Thrash’s legal guardian Mary Werner and 2 others

This petition concerns the removal of my husband, Charlie Thrash on March 6, 2019 from his home at 310 Harvard Oak, Shavano Park, TX 78230  (a teeny community of approximately 3,926 people, which is surrounded by San Antonio) by Mary Werner, wife of the Mayor of Shavano Park, acting under guardianship orders of Judge Oscar Kazen, who also lives in Shavano Park.

It did not matter one whit to Oscar Kazen – not only a judge, but also a lawyer who is expected to know Probate Law – that I held a valid Durable Power of Attorney, signed by Charlie on June 24, 2016, naming me as Charlie’s agent. Oscar has only ever heard the one-sided argument the attorneys Cavaretta, Katona & Leighner (CKL-Lawyers.com) keep bleating: that since I was not married to Charlie I had no standing in a guardianship hearing, thus denying me my rights as a spouse, which indeed, even as a common-law wife, gives me priority standing over the estranged family member – a grand niece of Charlie’s named Tonya Barina, the self-appointed applicant to become guardian of Charlie’s estate, a right to which Barina was awarded on November 15, 2018, by then-Judge Tom Rickhoff.

As the first judge in the case, Tom Rickhoff appeared to at least respect Charlie’s wishes that he remain in his Shavano Park home, with me as guardian of Charlie’s person. But once Oscar Kazen was elected to Bexar County Probate Court Judge and assumed office in January 2019, replacing Tom Rickhoff, Oscar had no such compunction, and Oscar Kazen replaced me as Guardian of Charlie’s person, and put in my place his neighbor Mary Werner, wife of the Mayor of the small community in which we all lived – Shavano Park Mary Werner was awarded Charlie in guardianship by her neighbor & chosen political candidate for judgeship, Oscar Kazen, acting in his capacity as probate judge, on January 29, 2019.

And by March 6, 2019, Charlie was removed from our home, I was evicted along with my three adult children, all property inside the house was seized, whether it belonged to me and my adult children – or Charlie – and we were made instantly homeless.

On April 4, 2019, lawyers acting for Mary Werner and Tonya Barina filed motions to sanction myself, my adult daughter Brittany Martinez-Thrash, and our attorney Phil Ross a total $262,391.77, adding court-ordered debt and impoverishment to the misery of homelessness the court had inflicted upon us. less than a month earlier. The motions to sanction me, Brittany and Phil is based upon misrepresentations to the Court as to the full reading of Texas Estates Code §1055.003(d) and §1051.104(a)(5), both of which give me, Laura Martinez-Thrash, as holder of Power Of Attorney signed by Charlie in 2016, priority over guardianship (in front of Tonya Barina) and standing in the court to be party to Charlie’s guardianship — all rights denied to me by Oscar Kazen, acting under half-complete and inaccurate instructions & descriptions of these statutes.

Oscar Kazen legally holds the authority as a probate judge to rule any way he likes on any guardianship case that comes before him. The only way the citizens have to hold Oscar Kazen accountable is to vote him out of office, but they can’t vote out Charlie’s court appointed guardian, Mary Werner, who lives around the corner from from Kazen, or hold her accountable for her actions.

It should raise red flags that the Mayor Bob and his wife Mary Werner hosted a political fundraiser for Oscar Kazen’s election to Bexar County Probate Judge in 2018 the position of power from which Oscar has taken Charlie from his home, seized approximately $3,000,000 of Charlie’s money, and awarded Charlie as a ward to Mary Werner, for her financial enrichment and career advancement.

I ask you: Is it not Public Corruption when a politician’s elected office is financed and his election ensured, by the very same people who then financially benefit from the rulings and orders the judge issues from his bench?

If there’s any abuse of power over Charlie’s assets going on, it’s been done under the authority of the court-appointed Guardian of the Estate, Tonya Barina, who has sold millions of dollars of Charlie’s assets to pay both Mary Werner’s and Tonya Barina’s lawyers to defend their control over Charlie and his estate.

List of Charlie’s property sold off:
his home
his condominium
his hangar at Boerne Airport
his airplanes
his prized Corvette, trucks, cars
his prized Harley motorcycles
his prized Triumph motorcycles
his gun collection
his personal jewelry – Rolex watch, 14K gold Cadillac signet ring, 14K gold class ring
his safe deposit box at Frost Bank, believed to have contained $100,000+/- cash, jewelry, coins & other valuables – all seized by Tonya Barina, who has not provided any inventory.
his businesses on West Ave, including all equipment, tools, and inventory
his livelihood and a means of earning money

Total estimated cost of Charlie’s assets and possessions sold to pay for Mary Werner and Tonya Barina: a minimum of $2.5 to $3 Million dollars, from which a Guardian of the Estate, by Section 1155.003(b) “A fee of five percent of the gross income of the ward’s estate and five percent of all money paid out of the estate…” which could equal $150,000 – $200,000 Tonya Barina created for herself – all by filing and being awarded guardianship of her estranged, but quite wealthy, grand-uncle, whom she had never met, until she guardianized him on Nov 15, 2018.

List of Attorneys paid from Charlie’s estate:
Kristopher L. Bowen, Jr., the Bowen Partners
Andrea Tidwell Bowen, the Bowen Partners
Karen R. Andersen, the Andersen Firm
Laura Cavaretta, Caravetta, Katona, Leighner
Les Katona, Jr., Caravetta, Katona, Leighner
William Leighner, Caravetta, Katona, Leighner
Barrett Shipp, Shipp, Ecke, Cromeens

Total estimated cost of all attorneys paid for out of Charlie’s estate (and there are no limits on how much lawyers can charge an estate for keeping a person under guardianship, where the lawyer have open access to all funds from which to be paid) — at a minimum 262,391.77 but most likely the legal fees removed from Charlie’s liquidated assets most probably approaches $1 Million – all to keep Charlie in a guardianship which is unwanted and unneeded.

Attorney paid for by the taxpayers of Bexar County representing Oscar Kazen:
Martin Collins – Staff Attorney for Bexar County

For all these reasons, and many more, available at the website FreeCharlieThrash.com, We, the undersigned

1. Call upon Mary Werner to resign as guardian of Charlie’s Person, in favor of Laura Martinez-Thrash.

2. Call upon Oscar Kazen to immediately:

  1. Recuse himself from Charlie Thrash’s guardianship case, and
  2. Pledge to recuse himself in any proceeding to appoint his neighbor and political fundraiser, Mary Werner as guardian of residents of Shavano Park.

3. Call upon Mayor Bob Werner to immediately:

  1. Explain the privately-held, non-profit corporation Going Green in Shavano Park that is registered as a taxpayer entity at his home, as well as release a complete membership list, and all minutes, records, purchases, and assets this privately-held corporation had in determining that the entire community of Shavano Park would become dedicated to environmental causes that many voters, resident and taxpayers may not wish to see their tax dollars dedicated to; and
  2. Explain and list in detail all financial support provided to neighbor Oscar Kazen in his successful bid to become a Bexar County Probate Judge, including all parties hosted at the Mayor & Mary Werner’s residence Shavano Park, for Oscar Kazen residing at Shavano Park, any other functions held anywhere for Oscar’s election as Probate Judge, as well as all in-kind contributions of any value.

Sincerely,

Laura Martinez-Thrash
Wife of Charlie Thrash

Brittany Martinez-Thrash
Adult daughter of Laura, adopted by Charlie

Billy Duncan
Friend of Charlie Thrash since 1953

V. Warren Jennings, Friend of Charlie Thrash since 1953

From KKD: 17 Improperly stored bodies found at NJ nursing home

An Article from April 16, 2020 – Why has the media censored the wanton killing of the elderly at these sheltered care facilities – WHO IS PROFITING?

AS I listen to the hourly commentary on the toll of the virus, which apparently has now been surplanted by the debacle in Washington yesterday, it interesting to note how little emphasis had been root causes of the deaths of so many senior citizens.    Why the censorship of a key aspect of the pandemic?   

YOU HAVE 3 GUESSES AND THE FIRST 150 DO NOT COUNT!

Tip leads police to 17 bodies at a New Jersey nursing home

By Madeline Holcombe and Mirna Alsharif, CNN

Updated 2:17 AM ET, Thu April 16, 2020One of the two buildings of Andover Subacute and Rehabilitation Center, in Andover, New Jersey.One of the two buildings of Andover Subacute and Rehabilitation Center, in Andover, New Jersey.

(CNN)A tip of a body in a shed led Andover Police to one of New Jersey’s largest nursing homes Monday evening where they found 17 bodies in the facility’s morgue, one of the responding officers told CNN.The officers responding to the Andover Subacute and Rehab Center II didn’t find a body in the shed, but employees asked them for assistance with the bodies in the morgue.”The staff was clearly overwhelmed and probably short-staffed,” Andover Police Chief Eric Danielson, one of the responding officers, told CNN. “The residents were expiring. Why? We’re not sure if it’s from Covid-19 or from other diseases, but we tried our best to ease the burden.”

Nursing homes in New Jersey and California reporting clusters of coronavirus cases

Nursing homes in New Jersey and California reporting clusters of coronavirus casesNursing homes have been a vulnerable target for the pandemic that has killed more than 30,000 people in the US. Visitors have been barred in many facilities to reduce bringing in infections, and staff has raced to treat patients as the virus spreads internally. It is not clear, however, if coronavirus was the cause of the deaths at Andover Subacute.
A California nursing home was evacuated after its staff didn’t show upCheri Mossburg, CNNDozens of patients from a nursing home in Southern California were evacuated to other centers Wednesday after em…

hen officers arrived Monday, they found each of the 17 bodies in a body bag with a tag identifying the deceased. The morgue was only intended to hold up to four people, according to The New York Times.
After Anonymous Tip, 17 Bodies Found at Nursing Home Hit by VirusThere have been 68 recent deaths of residents and nurses from the facility in a small New Jersey town.

Four bodies remained on site, and the other 13 were transferred to a refrigerated trailer at Newton Medical Center. Danielson did not provide any identifying details regarding the victims.

Ken Ditkowsky

www.ditkowskylawoffice.com

From KD: corruption in probate takes its toll

Travesties in probate are commonplace where there is money involved.    Ex parte hearings occur all the time.    
The mortgage foreclosure in Sallas was intended to be disposed of ex-parte.   The attorneys available for defending these lawsuits seem to have a common pattern.    Stall!   The client agrees to a monthly retainer – something very reasonable – a couple a hundred a month.   
When the case comes up, they ask for a continuance.   A motion is sometimes filed  – this drags the case a couple of months, and finally the motion is heard, denied, judgment of foreclosure is entered and the case drags to a sale.    The sale is had, confirmed and finally the foreclosure victim is subject to eviction. The lawyer has stalled the case 8 to 12 months and has a few thousand dollars in his pocket.    Four or five of these foreclosures and for virtually no work a couple of thousand dollars is in hand.
Dean Sallas ran across one of these lawyers – when he learned that Dean had a defense and wished to use it, the lawyer resigned.   Dean contacted several other lawyers – they ran like hell when they heard that Dean wanted to present a defense.   
The problem does not end at the fly by night lawyers who prey on the helpless.    Few attorneys are willing to undertake the ‘hard cases’ wherein people with clout are the miscreants.    The Sallas case is particularly a problem – not only do we have a Judge in the primary guardianship case who should be disbarred and removed from the bench,alleged criminal conduct by the guardians including the public guardian of Cook County but Sallas is attacking a fundamental avenue of recompense of the Political and Judical elite – GUARDIANSHIP.
Guardianship provides the political elite with a tax free source of revenue that can be totally hidden from public view.    Let me explain once again.
Dean and Amelia Sallas own a home in Skokie.   The home has an equity of 1/4 million dollars.    The foreclosure allows a judicial sale of the home.    The guardian’s control and dominion over Dean and Amelia’s finances prevents any action by Dean to protect his home directly or indirectly.
At the foreclosure sale, the property will be sold.  The Byline Bank can purchase the property and even though the Rules of Court require the property to be sold for x% of value, if the Court approves the sale it can be sold at super bargain price.   There are equities of redemption but they are rarely exercised.   The Guardian by signing the mortgage himself has two shots at protecting the theft – assuming that Dean can get a lawyer to represent him.   The sale bid will allow a small deficiency judgment in favor of the Byline Bank.
Once a judgment is final appeal rights accrue in the foreclosure action.  Any appeal by Sallas, pro se or otherwise is premature and will be dismissed.   The notice of appeal must be filed within 30 days.    The net, net as long as the guardian is in place Dean is checkmated.
The sale in these cases is usually completed through a nominee.    The miscreant organization has dozens of nominees, some actually are real people who can front for the real purchaser.    The real purchaser may be a group, a single political individual, etc.   Title is passed, ByLine Bank (the institution) is made who and the principals are provided a bonus – This bonus can be a discount on some tangible property, a lucrative deal etc.    
The net is Dean and Amelia can easily lose their home and the corrupt judges, lawyers and ARDC stand silent. Even the states attorneys and FBI will not look into these case schemes and declare them corrupt from the get go.
The nominee, holds the property until the equity of redemption has expired, and a series of mesne sales takes place.   This may take some time.    In a house such as the Sallas house where the land value and the house plus land value are approximately the same, while the title his held by one of the mesne purchasers the land can be cleared and a new dwelling constructed so that the full value of the property can be realized.    In the case of the Sallas property 3/4 of a million dollars to 1 million dollar new house is possible.    With construction costs of about 1/4 of the new set purchase price it is not inconceivable that the new net net, het profit would be a capital gain of as high 1/2 a million dollars.
The 1/4 of a million dollars in equity that Sallas enjoyed is wiped out.    It has long disappeared and the new tax base is the price paid at the foreclosure sale plus the cost of the new construction.    The Sallas equity quietly disappears into the collective pockets of the guardian and whomever shares in the venture.   The capital gain is the Federal Government’s contribution to the HUMAN TRAFFICKING IN THE ELDERLY and the excuse for the Department of the Treasury (IRS) to look the other way.  Any they do!
In the academic world = not the real world, BREACH OF FIDUCIARY RELATIONSHIP is a taxable event.   Thus the entire sum would be taxable income jointly and severally to all the co-conspirators.    Even Grant Goodman would not be so naïve as to expect the United States of America to ferret out the miscreants and send them a tax bill – certainly collection of the taxes is unthinkable.
the incentive for HUMAN TRAFFICKING IN THE ELDERLY is just too great for the Political and Judicial elite to ignore.    Why law enforcement is so reluctant to enforce the law is quite similar to why lawyers are afraid to represent people such as Dean Salla defense of this mortgage foreclosure.
Dean has filed MOTIONS TO DISMISS.
In a State that takes pride in itself and the Constitution the MOTIONS would be sua sponde granted and Law Enforcement would be called in to investigate the criminal conduct that has permeated the Sallas case.   The miscreants would take up residence in prison!
Unfortunately we live in Illinois!    

Ken Ditkowsky

www.ditkowskylawoffice.com

‘kenneth ditkowsky’ via govcuffSun, Jan 3, 2:08 PM (3 days ago)
to Janet, Rick, Sheila, Key, Janet

Interesting approach.   Purchase the claim from the perspective client and prosecute the claim pro se – if I reading the decision properly.
An individual may sell his claims to another individual and that purchaser may prosecute the claim.   A pro se does not need a law license.
This gambit of Goodman’s failed because the Court applied the ‘substance/fact’ test.   If it looks like duck, smells like a duck, swims like a duck and has feathers like a duck, it is legally a duck!   Nice try.   

Ken Ditkowsky

www.ditkowskylawoffice.com

Here’s the most recent link I found on Goodman’s activities
STATE BAR v. GOODMAN | No. 1 CA-CV 18-0152. |… | 20181227009| Leagle.com

STATE BAR v. GOODMAN | No. 1 CA-CV 18-0152. |… | 20181227009| Leagle.comMcMURDIE, JudgeNOT FOR OFFICIAL PUBLICATION UNDER ARIZONA RULE OF THE SUPREME COURT 111 c THIS DECISION IS NOT PRECEDENTIAL AND…