More Fireworks on Surrogate's Court 'Criminal Enterprise'

Below is a letter to New York State Senator John L. Sampson:

CHRISTOPHER DONOHUE, ELIZABETH PAGENDARM, MICHAEL PAGENDARM

ON BEHALF OF ALL OF THE BENEFICIARIES OF 

THE FRED F. GOETZ TRUST

P.O. BOX 51793, ALBUQUERQUE, NM 87181 

(505) 323-4327 - goetztrust@aol.com

A VERY DIRTY COP*

THREE VERY CROOKED LAWYERS*

A VERY CORRUPT WESTCHESTER COUNTY SURROGATE'S COURT*

AND

MORE THAN EIGHT HUNDRED THOUSAND DOLLARS

- $800,000.00 -

IN MISSING FRED F. GOETZ TRUST MONIES*

TO: New York State Senator John L. Sampson

9114 Flatlands Avenue, Brooklyn, NY 11236   (via facsimile) 

DO WE HAVE YOUR UNDIVIDED ATTENTION???

Reiterating and expanding the scope of the above information.

* THE VERY DIRTY COP IS THE CHIEF OF POLICE FOR THE TOWN OF EASTCHESTER, NEW YORK - ONE TIMOTHY BONCI

* THE THREE VERY CROOKED LAWYERS ARE ONE LUKE CHARDE AND ONE MARY NITSCH

OPENLY ADMITTED BY THE WESTCHESTER COUNTY SURROGATE'S COURT AS ANTHONY SCARPINO CRONYISM APPOINTEES AS "GUARDIAN AD LITEMS"

AND ONE DOMENICK PORCO

THE LAWYER FOR BOTH THE  DEFENDANTS BARBARA MORRIS AND ELIZABETH KNUDSEN AND TIMOTHY BONCI, ILLEGALLY INSTALLED FOR THE PLAINTIFF(!)
AS THE NEW "PUPPET TRUSTEE"

BOTH THE PLAINTIFF AND DEFENDANTS IN THIS ACTION HAVE BEEN "SIMULTANEOUSLY" REPRESENTED BY THE SAME LAWYER, DOMENICK PORCO

VERIFIED FACTS

FACT 1 - Defendant Elizabeth Knudsen is the Mother-In-Law of Timothy Bonci.

FACT 2 - Defendant Barbara Morris is the Aunt-By-Marriage of Timothy Bonci.

FACT 3 - Domenick Porco is the local Traffic Court Judge in The Town of Eastchester, New York, where his friend and crony, Timothy Bonci, is the Police Chief.

FACT 4 - Domenick Porco is a known Gambino Crime Family Associate having represented, among others, the Gambino, Alfred Lafata, Jr., who was convicted on Federal Charges, and the Gambino soldier, Primo Cassarino, who had been indicted along with Peter Gotti and Anthony 'Sonny" Ciccone..

* And, more than $800,000.00 of our Fred F. Goetz Trust monies was put
into Timothy Bonci's care and it has all disappeared.

FACTUAL BACKGROUND

In August of 1999, the Fred F. Goetz Trust, M L. Donohue, Trustee filed a "Turn-Over" Proceeding in the Westchester County Surrogate's Court against the Defendants Barbara Morris and Elizabeth Knudsen for the recovery of substantial Fred F. Goetz Trust assets that Barbara Morris and Elizabeth Knudsen had diverted and converted during their tenure as Attorneys in Fact using Power of Attorneys - that were notarized by Timothy Bonci - and for a complete Accounting of all of the Defendants actions as Attorneys in Fact. When the Defendants both failed and overtly refused to provide the Accounting as required - by Black Letter Law - and as agreed to via a Settlement Agreement dated June 21, 2000, an independent Forensic Accounting was done.  Via the AFFIDAVIT OF FORENSIC ACCOUNTING dated September 11, 2003, this Independent Forensic Accounting identified more than $627,122.00 of Fred F. Goetz Trust assets were "Missing and Unaccounted For" by the Defendants Barbara Morris and Elizabeth Knudsen. The $627,122.00 remains "Missing and Unaccounted For" to date!

During Discovery, Depositions and via EBT Exhibits, it was evidenced that in addition to the "Missing and Unaccounted For $627,122.00" that an additional $76,425,96 that was "Accounted For" had been misspent or improperly "Gifted" by the Defendants including the $7,040.00 improperly "Gifted" to Timothy Bonci's wife and two older sons. During the course of this Litigation, the Defendants did file a Cross Motion against the Fred F. Goetz Trust for the Fred F. Goetz Trust to file an Accounting with the Court. The Fred F. Goetz Trust did file a complete, detailed and transparent Accounting which reconciled to the penny. As a result, the Defendants, in their pre-trial papers, as filed, identified that they had no grounds to contest or object to any items or parts of the Fred F. Goetz Trust's Accounting and let the Fred F. Goetz Trust's Accounting stand as presented.

OUR RIGHTFUL DEMANDS

We, THE BENEFICIARIES OF THE FRED F. GOETZ TRUST, ARE DEMANDING - NOT ASKING - BUT DEMANDING - that you stop the wholesale and rampant CORRUPTION AND THE OUTRIGHT THEFT of our Fred F. Goetz Trust monies that has been on going at the Westchester County Surrogate's Court. That you completely OVERHAUL THIS VERY CORRUPT COURT and the very corrupt and dysfunctional "Guardian" system of "lucrative" appointments to personal and political cronies for various paybacks currently in place.  This Court has violated New York State Law after New York State Law and Procedure after Procedure in an ONGOING COURT CONSPIRED AND COURT SPONSORED EXTORTION RACKET whose goal is the wholesale raping of our Fred F. Goetz Trust funds to provide the funding for payments of fraudulent "Legal/Guardian Fees" to the previously identified lawyers.

This Court has IGNORED IN THE ENTIRETY all of the FACTS as to this ACTION and all of the LAWS OF NEW YORK STATE relevant to our Fred F. Goetz Trust Rights. These include, but are not limited to "DENIAL OF DUE PROCESS, DENIAL OF REPRESENTATION, "PHANTOM TRIALS" AND UNAVAILABLE OR NONEXISTENT COURT "RECORDS" AND ACTS THAT ARE CRIMINAL IN NATURE COMMITTED UNDER THE 'COLOR OF THE LAW'. This Court has intentionally selected two absolutely crooked lawyers - one Luke Charde and one Mary Nitsch - whose roles are as "Shakedown Thugs" and "Bagmen" to force the Sole Legitimate Trustee of the Fred F. Goetz Trust to capitulate to their extortion demands. Luke Charde and Mary Nitsch have been demanding in excess of $108,000.00 in fraudulent "Legal Invoices".

The Sole Legitimate Trustee was constantly threatened with that if she did not "go along" and agree to pay all of the lawyers whatever they wanted EXCLUSIVELY OUT OF THE FRED F. GOETZ TRUST COFFERS that she would be PHYSICALLY HURT, PERSONALLY AND FINANCIALLY RUINED AND THAT ALL OF HER PERSONAL ASSETS WOULD BE ATTACHED.

When the Sole Legitimate Trustee refused, the Court told her that she would be removed and that the Court would appoint someone who would just rubber stamp the lawyers fees. At the instigation of Domenick Porco and Luke Charde, the Court then "Appointed" as the "Puppet Trustee" one Timothy Bonci, a party who is an Unnamed Co-Defendant along with the Named Defendants, Barbara Morris and Elizabeth Knudsen. Timothy Bonci is an Unnamed Co-Defendant in that he is the party who notarized multiple Powers of Attorney that were used by the Defendants Barbara Morris (Timothy Bonci's "Aunt-By-Marriage") and Elizabeth Knudsen (Timothy Bonci's "Mother-in-Law") to steal - A PROVABLE - IN TOTALITY - $703,547.96 of Fred F. Goetz Trust assets from 1994 through 1999. This "Puppet Trustee" Timothy Bonci, has been continuously represented throughout this Action by the Defendants Attorney of Record, one Domenick Porco. Thus, the Court has created a situation where the Plaintiff, one Timothy Bonci, and the Defendants Barbara Morris and Elizabeth Knudsen are being represented simultaneously by the same crooked lawyer - Domenick Porco - in the same Action. The two crooked "Guardians" have colluded with Domenick Porco to absolve the Defendants from having to return to the Fred F. Goetz Trust the more than $800,000.00 that is proven by the evidence as rightfully owed to the Fred F. Goetz Trust. In FACT, both Luke Charde and Mary Nitsch each filed - not one - BUT TWO(!) - "Affirmation in Oppositions" - ACTIVELY opposing the recovery to the Fred F. Goetz Trust of the more than $800,000.00 rightfully owed to the Fred F. Goetz Trust and their Assigned Wards. Concurrently, the two crooked "Guardians" claim that all legal fees are to be paid exclusively out of OUR Fred F. Goetz Trust monies!

The Westchester County Surrogate's Court - via numerous letters signed by Anthony Scarpino (aka Tony Soprano) and Charles Scott - Anthony Scarpino's henchman – also claims that WE, THE BENEFICIARIES OF THE FRED F. GOETZ TRUST, HAVE NO RIGHTS in this matter.  The listing of LEGAL RIGHTS that the Fred F. Goetz Trust has been denied at the Westchester County Surrogate's Court is mind boggling. ALL of the basic tenets that compose our LEGAL SYSTEM have been violated by this Court in service of the ONGOING COURT CONSPIRED AND COURT SPONSORED EXTORTION RACKET. The only parties with "RIGHTS" are the crooked lawyers who are openly stealing our Fred F. Goetz Trust funds. Attached, is a listing of several documents that will give you a preliminary foundation as to the depth and scale of the travesties, the corruption and the violations of the Laws of New York State that have gone on to date at the Westchester County Surrogate's Court. What is identified herein is only a small representation of the egregiousness of the VIOLATIONS OF NEW YORK STATE LAW, PROCEDURE, AND THE TOTAL IGNORING OF THE FACTS THAT HAVE CONSISTENTLY OCCURRED AT THIS COURT, which we will gladly remit upon your request.

What has been going on at the Westchester County Surrogate's Court makes the scandals of Judge Gerald Garson's Court in Brooklyn, New York, pale in comparison.  The convicted Judge Gerald Garson was taking relatively small sums - dollar wise - of bribes to "fix" cases. Where at the Westchester County Surrogate's Court, the "criminal fixers" are the "Court (Cronyism) Appointed Guardians" Luke Charde and Mary Nitsch who have demanded a "whopping minimum of $108,000.00 and upwards of $128,000.00 in fraudulent "Guardian Invoices" and Timothy Bonci as the Dummy/Puppet "Trustee" has already 'paid' them $77,320.00 in extortion money exclusively from our Fred F. Goetz Trust funds.

Christopher Donohue

Elizabeth Pagendarm

Michael Pagendarm

cc: M.L. Donohue, Sole Legitimate Trustee of the Fred F. Goetz Trust


ATTACHMENTS AVAILABLE:

1.   AFFIRMATION IN OPPOSITION TO PETITIONS…FOR UNEARNED (FRAUDULENT GUARDIAN FEES) dated February 21, 2007 brought by ALL OF THE NAMED BENEFICIARIES OF THE FRED F. GOETZ TRUST.

2.   AFFIRMATION IN OPPOSITION TO PETITIONS ...WHEREBY LUKE CHARDE AND MARY NITSCH ARE PETITIONING FOR "FRAUDULENT GUARDIAN FEES" dated January 11, 2007 brought BY M.L. DONOHUE, SOLE LEGITIMATE TRUSTEE OF THE FRED F. GOETZ  TRUST. 

3.   MOTION FOR A SUMMARY JUDGMENT dated April 15, 2007 brought by ALL OF THE NAMED BENEFICIARIES OF THE FRED F. GOETZ TRUST.

4.   MOTION TO REMOVE THE ILLEGALLY APPOINTED TRUSTEE TIMOTHY BONCI WHO, IN ACTUALITY, IS AN UNNAMED CO-DEFENDANT IN THIS LITIGATION dated May 24, 2007 brought by ALL OF THE NAMED BENEFICIARIES OF THE FRED F. GOETZ TRUST.

NOTE: The above submissions are just a small selection as to verify only a small portion as to what is stated in our cover letter. There is a substantial amount of documentation and evidence as to all of the statements, claims, allegations and verified facts as identified in the above and via numerous other documents that we are most willing to make available. We have limited what is being initially sent to you so that we do not overwhelm you with a mountain of documents.