CHRISTOPHER DONOHUE* - ELIZABETH PAGENDARM* - MICHAEL PAGENDARM* - PETER DONOHUE* -- EQUAL SPOKESPERSONS ON BEHALF OF ALL OF THE NAMED BENEFICIARIES OF THE FRED F. GOETZ TRUST - firstname.lastname@example.org - (650)245-8555
July 24, 2009
TO: A. Gail Prudenti, Presiding Judge
Alan Scheinkman, Administrative Judge,
RE: ORDER TO SHOW CAUSE AND VERIFIED PETITION AS TO THE DEMAND FOR THE IMMEDIATE DISQUALIFICATION OF ANTHONY SCARPINO DUE TO HIS CRIMINAL ACTS AND GROSS MISCONDUCT AS TO WESTCHESTER COUNTY SURROGATE’S COURT - FILE NO. 2235-1999 A&B
We, All Nineteen (19) of the Named Beneficiaries of the Fred F. Goetz Trust, are herewith demanding the IMMEDIATE DISQUALIFICATION of Anthony Scarpino as to any and all activity as to the Fred F. Goetz Trust and it's Litigation at the Westchester County Surrogate’s Court, File No. 2235-1999 A&B. As is clearly identified in our attached ORDER TO SHOW CAUSE and VERIFIED PETITION (and other additional Documentation), Anthony Scarpino’s latest scam as to the ongoing Extortion and Defrauding of our Fred F. Goetz Trust assets is the calendaring of an ILLEGAL ‘Trial’ to take place on August 10, 2009.
This is just another of the heinous and overt egregious acts as to the decimation of our Fred F. Goetz Trust funds into the unclean hands (and pocketbooks) of Anthony Scarpino and his handpicked crooked cohorts as he openly pilfers away OUR Fred F. Goetz Trust assets via a variety of criminal scams that violate New York State Law after Law, blatantly ignoring not only New York State CPLR Rules but OUR Rights under the New York State Constitution and our RIGHTS as citizens of the United States as to full DUE PROCESS protection. We have had numerous high level Judges and Prosecutors, in both Federal and State capacities, in our primary home states of California and New Mexico, review what has been occurring at the Westchester County Surrogate’s Court and they are all aghast – stunned, actually, at the open and criminal violations as to our Case and that our Constitutional Rights are rapaciously trod upon unchecked with no oversights by or of Anthony Scarpino as he callously rapes our Fred F. Goetz Trust funds.
We are well aware, via the Internet, that we, the Nineteen (19) Named Beneficiaries of the Fred F. Goetz Trust, are just one of a legion of Estates and/or Trusts who Anthony Scarpino has brazen, repeatedly and uninhibitedly raped year by year in his term as 'Surrogate' under what others have labeled as "Anthony Scarpino's Criminal Enterprise". We are well aware that numerous Notifications of and Complaints about Anthony Scarpino have already been made to EACH of you as to the rampant CORRUPTION at Anthony Scarpino's Court and as to Anthony Scarpino's in-house Henchmen, his 'enforcers' in Fraud and Extortion - Charles Scott, Joseph Accetta, Robin Rodrigues, et al, and the 'Guardian/Thugs' - Luke Charde and Mary Nitsch.
VIA OUR CONSTITUTIONAL RIGHTS TO DO SO, WE ARE DEMANDING:
We are demanding not only the IMMEDIATE DISQUALIFICATION of Anthony Scarpino but that you remove our case from the Westchester County Surrogate’s Court to a local Court in New York State where the tentacles of Anthony Scarpino and his criminal underlings have no reach or effect.
A Judge who has had NO complaints filed against him or her.
We are RIGHTFULLY DEMANDING that until as such time that our ORDER TO SHOW CAUSE AND VERIFIED PETITION TO DISQUALIFY ANTHONY SCARPINO is resolved, that all actions at the Westchester County Surrogate’s Court as to our Litigation are SUSPENDED and that not even an additional penny of OUR Fred F. Goetz Trust assets is touched.
Additionally, we are stating that RECUSAL by Anthony Scarpino is NOT an option. The heinousness of his criminal acts is such that recusal would be as much of a MISCARRIAGE OF JUSTICE as to letting stand all of Anthony Scarpino's multitudinous Acts of Fraud on the Court and the denial to us of our right to a judge's Honest services.
Sole Legitimate Trustee
Fred F. Goetz Trust, Christopher Donohue, Elizabeth Pagendarm, Michael Pagendarm, Peter Donohue - Equal Spokespersons of the Fred F. Goetz Trust
SURROGATE'S COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
FILE NO. 2235-1999 A&B
In the Matter of the Application of
M.L. Donohue as the named Trustee u/a f/b/o
of the Fred F. Goetz Trust
both Individually and on Behalf of
All of the Named Beneficiaries of
the Fred F. Goetz Trust
FOR A DECREE OF
IMMEDIATE DISQUALIFICATION OF
THIS VERIFIED PETITION of M.L. Donohue, being duly sworn, deposes and says as follows:
1. Petitioner is the Sole Legitimate Trustee of the Fred F. Goetz Trust.
2. This VERIFIED PETITION is submitted in support of the attached ORDER TO SHOW CAUSE as a result of the latest Violation of New York State Laws and Procedures as inflicted upon the Fred F. Goetz Trust by Anthony Scarpino. The scheduling by Anthony Scarpino of an ILLEGAL 'Trial' is purported to take place at the Westchester County Surrogate’s Court on Monday, August 10, 2009 at 9:30 a.m.
3. This ILLEGAL 'Trial' is just the latest in a long history of overt Violations of New York State Laws and Procedures and the Violations of the Constitution of New York State and as to the total disregard by Anthony Scarpino for any kind of DUE PROCESS.
4. That , I, M.L. Donohue, unequivocally state that at the Westchester County Surrogate’s Court under the unclean hands of Anthony Scarpino that the Fred F. Goetz Trust and its Assets have been repeatedly raped and victimized by Anthony Scarpino via various felony acts of overt Extortion, Fraud, Fraud on the Courts, Illegal Acts committed "under the Color of the Law', rampant 'Ex Parte' Violations, overt and intentional unequal application of the 'Law' in favor of Anthony Scarpino's handpicked and openly admitted as cronyism appointments – Two (2)’Thugs' as guardians and the intentional bias for other favored lawyers at the clear expense of the Fred F. Goetz Trust and the clear disregard for an even hand of Justice as Anthony Scarpino is required under the Canon of Ethics to scrupulously follow.
DISQUALIFICATION IS UNEQUIVOCALLY
NECESSARY TO PRESERVE THE INTEGRITY OF
THE NEW YORK STATE COURTS
5. Herewith, I, M.L. Donohue, the Named Trustee of the Fred F. Goetz Trust, submit that the DECISION as to the DISQUALIFICATION of Anthony Scarpino is deemed not to be a choice but required in that Anthony Scarpino's Acts in the Matter have been so egregious and heinous as to the Violations of DUE PROCESS, et al, as identified previously that there is no outcome that would meter out Justice under the New York State Constitution and all that it stands for as to preserve the Rights of the People.
6. That A. Gail Prudenti and/or Alan Scheinkman and/or Jonathan Lippman, each in their respective judicial capacities, has the Authority to immediately Remove Anthony Scarpino through the process known as DISQUALIFCATION as it is unequivocal that this is the only venue available so that Justice as to this Matter will be served.
7. Presented herewith are the FACTS and the supporting documentation as to latest in a long line of Violations of New York State Laws and Procedures and Violations of Constitutional Rights and total disregard of DUE PROCESS as inflicted by Anthony Scarpino.
THE GREVIOUS VIOLATION BY ANTHONY SCARPINO
AS TO HIS ALLOWING A FAVORED LAWYER - DOMENICK PORCO -
TO RESPRESENT, SIMULTANEOUSLY,
BOTH THE PLAINTIFF AND THE DEFENDANTS
VIA THE MANIPULATED
'APPOINTMENT OF A DUMMY TRUSTEE’
8. That on or about May 28, 2009 and May 29, 2009, that Anthony Scarpino, thru Charles Scott, noticed a select few of the Named Beneficiaries of the Fred F. Goetz Trust that a 'Trial' would be held on August 10, 2009 at the Westchester County Surrogate’s Court as to 'Accounting Citations' purported to have been filed by a false 'trustee’, one Timothy Bonci, who is, in actuality an Unnamed Co-Defendant in this Litigation, and who under New York State Law is forever barred from ever serving as a Trustee in this Matter as Timothy Bonci for the entirety of the Litigation has been represented by the same lawyer, Domenick Porco, as the Named Defendants.
9. New York State Law is unequivocal that the Plaintiff and the Defendants in the same Litigation CANNOT be represent by the same counsel.
10. It is a FACT of this Litigation that Timothy Bonci had been represented throughout by Domenick Porco as a part of the Defendant's Depositions and additionally represented by Domenick Porco in a separate Action brought by the Fred F. Goetz Trust against Timothy Bonci to the New York State Department of State as to Timothy Bonci’s Violations of the Rules of a Notary Public.
11. It is a FACT of this Litigation that for upwards of Two (2) Years after Timothy Bonci was illegally appointed by Anthony Scarpino as a dummy 'trustee' that all communication from Anthony Scarpino continued to be posted to Domenick Porco for Timothy Bonci as 'trustee' (Plaintiff) and to Domenick Porco as the Attorney of Record for the Defendants who are Timothy Bonci's Mother-in-Law and Aunt-by-Marriage.
12. It is a FACT of this Litigation that as to one James Scalise, a Domenick Porco crony, that James Scalise was used as just a facade, a false front, for Domenick Porco as the actual and real representation of Timothy Bonci was serviced by Domenick Porco so as to allow Domenick Porco the availability to be able to double bill the Fred F. Goetz Trust both simultaneously as counsel for the Defendants and as counsel for the Defendants, Timothy Bonci, Barbara Morris and Elizabeth Knudsen and as counsel for the Plaintiff, The Fred F. Goetz Trust.
INTENTIONAL VIOLATION OF THE RULE OF SERVICE
AS TO THE ILLEGAL 'TRIAL' SET FOR AUGUST 10, 2009
13. New York State Law is equally unequivocal that ALL parties to a Litigation are REQUIRED to be NOTICED as to ALL ACTIONS and there are very proscribed Rules of Notification and Service.
14. It is a FACT that these purported Timothy Bonci 'Accounting Citations' were NEVER served to several of the Fred F. Goetz Trust Named Beneficiaries.
15. It is a FACT that those purported Timothy Bonci' Accounting Citations' that were remitted to some of the Named Beneficiaries of the Fred F. Goetz Trust were in toto not properly served under the New York State SCPA and CPLR Rules of Service.
16. It is a FACT that the AFFIDAVIT’S OF MAILING that were filed with the Court by Timothy Bonci and/or his agents, Frances Pantaleo and/or James Scalise, are all intentionally Fraudulent and are Acts of Perjury.
17. That FRAUDULENT SERVICE was attempted via the use of what the United States Postal Service calls "Law Firm Mail Fraud" meaning the offering of false instruments for Court Filings, i.e. non-United States Postal Service Certified Mail Return Receipts.
18. Used were Counterfeit envelopes with what appears to be Certified Mail markings. But since these are not United States Postal Service products, all of the Tracking Numbers are not valid meaning that there is no way to ever verify that any Return Receipts presented are actually a verifiable record that service has been made.
19. The Intentional Fraudulent use of counterfeit United States Postal Service envelopes by Timothy Bonci and his agents is now in the hands of the Criminal Investigation Division of the United States Postal Service.
20. It is a FACT that all of the notifications to Parties were done via these counterfeit United States Postal Service envelopes whereby New York State Law requires that New York State Residents are to be notified by Personal Service and Affidavit’s of that Personal Service is required to be filed at the Court.
21. It is a FACT of this Litigation that numerous Notifications as to these Violations were made by the Fred F. Goetz Trust to Anthony Scarpino, Charles Scott, James Scalise, Frances Pantaleo, Timothy Bonci, et al.
THE INTENTIONAL IGNORING BY ANTHONY SCARPINO
OF ALL OF THE VERIFIED OBJECTIONS
AS FILED BY THE FRED F. GOETZ TRUST BENEFICIARIES
22. It is a FACT OF RECORD more than Six (6) of the Named Beneficiaries of the Fred F. Goetz Trust did file VERIFIED OBJECTIONS and that ALL of these were ignored.
INTENTIONAL RETALIATION BY ANTHONY SCARPINO
AS TO HIS SCHEDULING AN ‘ILLEGAL' TRIAL FOR AUGUST 10, 2009
AND VIOLATIONS OF THE 'EX PARTE' RULES
23. It is herewith claimed that Anthony Scarpino has scheduled what we allege is an 'ILLEGAL' Trial to be held at the Westchester County Surrogate’s Court on August 10, 2009.
24. We allege that this Trial is Illegal in that there are very specified Rules as per the SCPA and the CPLR that are to be followed in order to insure that Justice is served.
25. That these ‘Trials' are purported to be based on the 'Accounting Citations A&B’ of the fraudulent installed 'dummy trustee' Timothy Bonci.
26. It is a FACT that there has been no Notification whatsoever by either the Westchester County Surrogate’s Court or any party affiliated with the dummy 'trustee' Timothy Bonci to All of the Named Beneficiaries of the Fred F. Goetz Trust in toto.
27. What we are clearly stating is that a Trial is to be held whereby the parties INTENTIONALLY HAVE NOT BEEN NOTICED.
28. It is a FACT that there has been NO Notification of this impending 'Trial' made individually to each and every one of the Named Beneficiaries of the Fred F. Goetz Trust.
29. It is a FACT that there has been no Discovery prior to this purported 'Trial' as scheduled by Anthony Scarpino.
30. It is a FACT that there has been no DEPOSITIONS prior to this purported 'Trial' as scheduled by Anthony Scarpino.
31. It is a FACT that all of the more than Half Dozen individual VERIFIED OBJECTIONS have been totally ignored by Anthony Scarpino.
32. It is a FACT that there has been no pre-Trial Settlement Conferences prior to this 'Trial' as scheduled by Anthony Scarpino.
33. It is a FACT that Anthony Scarpino, without any Court Action or Notification, has arbitrarily reinstated Luke Charde as 'guardian' even though Luke Charde was fully discharged in 2007 upon the payment to Luke Charde by Timothy Bonci of $29,024.00 in fraudulent guardian fees.
34. It is a FACT that as of a July 22, 2009 letter that Anthony Scarpino appears to have arbitrarily reinstalled Mary Nitsch as 'guardian'. Once again, without the required Court Action that would allow parties to file Objections to this appointment.
35. It is a FACT that Mary Nitsch was paid by Timothy Bonci $48,296.00 in fraudulent guardian fees in August of 2007 and was fully discharged from her 'guardian' duties at that time.
36. It is a FACT that the Fred F. Goetz Trust did file Complaints against both Mary Nitsch and Luke Charde with numerous New York State Oversight Agencies and that the Fred F. Goetz Trust did also file Motions to Remove them as Guardians with Anthony Scarpino which Anthony Scarpino summarily denied.
37. It is a FACT that since on or about the beginning of 2008 that Mary Nitsch had been forever removed from the Role of New York State Guardians.
VIOLATIONS OF THE EX PARTE RULES, THE CONFLICT OF INTEREST RULES,
AND THE REQUIREMENT OF THE EVEN HAND OF JUSTICE
38. It is a FACT that in Anthony Scarpino's Letter of May 25, 2009 by Charles Scott that Anthony Scarpino instructs Luke Charde as to a submitted a 'Report' as to the approving of the Timothy Bonci 'Accounting' for which there are no instructions that copies of this is required by New York State Law to go to All Beneficiaries and that those Beneficiaries have the right to Object.
39. It is a FACT that if Luke Charde submits this Anthony Scarpino instructed 'Report' that Luke Charde will be in a position of being the party that 'approves' his own fraudulent guardian fees. A clear and overt Violation of the CONFLICT OF INTEREST RULES.
40. It is a FACT that during the entirety of the Litigation, neither Luke Charde nor Mary Nitsch, have even once contacted a single one of the Wards as to this Matter. Yet, to date, Timothy Bonci, the dummy trustee, installed via the machination of Luke Charde and Mary Nitsch have been paid a total of $77,320.00 exclusively out of our Fred F. Goetz Trust funds.
41. It is a FACT that by reinstalling both Luke Charde and Mary Nitsch as ‘purported' guardians to 'approve' of Timothy Bonci’s purported 'Accounting's that this means that essentially they are both 'rubber stamping' as to the $77,320.00 that Timothy Bonci had paid to them and those Extortion payments of $77,320.00 are identified in Timothy Bonci's Accounting Citations.
42. It is a FACT that it is a serious and grievous CONFLICT OF INTEREST for either Luke Charde or Mary Nitsch as to having any oversight or say at this junction as to the approval of their fees.
43. We also have been appraised that Luke Charde and Mary Nitsch have been promised to be 'rewarded' by Anthony Scarpino with even more fraudulent 'fees' under a 'loophole' clause inserted in the Timothy Bonci Accounting Citations whereby there would be no notification to the Beneficiaries at all, thus, making it impossible for any of the Beneficiaries to Object.
44. It is a FACT of this Litigation that numerous Notifications of ALL of these preceding Violations of Laws and Procedures, Violations of New York State Constitutional Rights, Violations of DUE PROCESS were repeatedly brought to the attention of Anthony Scarpino, Charles Scott, Joseph Accetta, et al, and ALL were ignored.
INTENTIONAL RETALIATION OF, HARRASSMENT OF,
AND OVERT HOSTILITY BY ANTHONY SCARPINO
AGAINST M.L. DONOHUE
45. It has just come to our attention that Anthony Scarpino (Charles Scott) has instigated the act of harassment is to be inflicted upon M.L. Donohue to thwart her as to her Rights of Law to file appropriate and legitimate Complaints with various Oversight Agencies and as to her Duty to report to not only Anthony Scarpino, himself, but to corrective agencies to the gross Violations of New York State Laws and Procedures and the Gross Violations of New York State Constitutional Rights and ABSOLUTE DENIAL OF DUE PROCEES that has occurred in Anthony Scarpino's Court.
46. That Anthony Scarpino (Charles Scott) has made false claims against
M.L. Donohue to the Office of Court Administration and it is alleged that Anthony Scarpino’s motivation for doing so is to block her, thru intimidation and threats, from appearing at the ILLEGAL Trial on August 10, 2009. Where it is alleged that the next stage of the raping into the pockets of Domenick Porco, Luke Charde, Mary Nitsch, Frances Pantaleo, James Scalise and other Anthony Scarpino favored lawyers of whatever remains of our Fred F. Goetz Trust assets as that is the real agenda for that event.
47. It is a FACT that M.L. Donohue in her capacity as the Sole Legitimate Trustee of the Fred F. Goetz Trust and on behalf of All of the Named Beneficiaries has Notified numerous New York State and Federal Oversight Agencies as to the numerous Violations of Laws and Procedures and the overt Extortion of and Defrauding of the Fred F. Goetz Trust assets in favored lawyers hands that has occurred under Anthony Scarpino including, most recently, the participation by M.L. Donohue on behalf of the Fred F. Goetz Trust in the 'Ethics' Hearings in Albany, New York of New York State Senator John Sampson.
48. M.L. Donohue has also filed Complaints as to the egregious violations of what is alleged to be Criminal Acts by Anthony Scarpino, Charles Scott, Joseph Accetta at the Westchester County Surrogate’s Court and Criminal Acts by Anthony Scarpino's handpicked Guardians, Luke Charde and Mary Nitsch, and Criminal Acts by Anthony Scarpino's favored lawyers, Domenick Porco, Frances Pantaleo, and James Scalise, among others with Federal Agencies such as the United States Department of Justice, United States Senate Judiciary Committee, and the United States Attorney's Office and with various New York State Agencies including, but not limited to, the Commission on Judicial Conduct and the Departmental Disciplinary Committee.
49. M.L. Donohue did notice Anthony Scarpino (and Charles Scott) of her actions as to reporting his egregious violations of New York State Laws and Procedures with the hope that Anthony Scarpino would stop his illegal acts as to the Fred F. Goetz Trust. He has not done so?
VIRTUAL IMPOSSIBILITY FOR THE
WESTCHESTER COUNTY SURROGATE’S COURT TO BE IMPARTIAL
50. That, I, M.L. Donohue, unequivocally state that it is virtually IMPOSSIBLE and most likely humanly impossible for the Westchester County Surrogate’s Court and any of the parties who are employed at that Court and/or those who are Appointees of that Court to be impartial in these proceedings when I, M.L. Donohue, for the Fred F. Goetz Trust, have filed Departmental Disciplinary Committee Complaints, Commission on Judicial Conduct Complaints, Office of Court Administration Complaints, Attorney General Complaints, New York State Attorney General Complaints, District Attorney Complaints (Manhattan, Brooklyn and Westchester County) and Complaints with a number of United States Government Oversight Agencies.
51. That I, M.L. Donohue, unequivocally state that the circumstances surrounding this Litigation are unique to it. And, with that context, that it would be in the best interest of the judicial process for the Court, itself, and for Anthony Scarpino (and his underlings) to be forever DISQUALIFIED.
52. That I, M.L. Donohue, unequivocally state that in order for the State of New York to ensure that each and every party that Petition’s the New York State Courts, at whatever level, that Justice is fully and unilaterally served, with complete equity, and that there is not even a hint of irregularity, impropriety or impartiality.
53. That I, M.L. Donohue, on behalf of All of the Named Beneficiaries of the Fred F. Goetz Trust, firmly BELIEVE that it is forever impossible for the Fred F. Goetz Trust to be treated in a fair and unbiased manner at the Westchester County Surrogate’s Court.
54. That I, M.L. Donohue, unequivocally state that there are no other remedies available under Law that could possibly substitute for this VERIFIED PETITION FOR DISQUALIFICATION in order for EQUITABLE JUSTICE to prevail.
WHEREFORE, Petitioner requests that a degree be granted DISQUALIFYING Surrogate Anthony Scarpino and that all pending Matters be referred to the Administrative Judge of the Ninth (9th) Judicial District unless otherwise instructed by Justice Prudenti or Justice Lippman and/or such other and further relief that may be deemed just and proper.
M.L. Donohue, Trustee
Fred F. Goetz Trust
Individually and on Behalf of All Of the Named Beneficiaries of the Fred F. Goetz Trust