From: Eliot Ivan Bernstein [mailto:email@example.com]
Sent: Tuesday, August 26, 2014 9:37 AM
To: Alan B. Rose Esq. (firstname.lastname@example.org); John P. Morrissey Esq. @ John P. Morrissey, P.A. (email@example.com); John@Pankauskilawfirm.com; Ted Bernstein"
"Alan, it now appears that the 20 days since sending you the Waiver of Process for the Oppenheimer Counter Complaint on August 04, 2014 have passed and you failed to cooperate and respond timely and courteously to my repeated request asking if you and your client Theodore will Waive service before I am forced to notify Judge Colin of your refusal to answer the Waiver and dispatch a Marshal to Serve you and Theodore more formally.
Again, this will come from your wasting everyone’s time, efforts and monies (which will all be reclaimed from you in the end) and so I will ask you once again if you plan on Waiving Service.
Do you plan on Waiving Service?
If I do not hear back from you by day’s end, I will make clear to the Judge your lack of civility and refusal to work to keep your continued waste, fraud and abuse of process from further plaguing these matters, in opposite of the spirit of the proceedings.
I also ask again if you will be representing yourself Pro Se or who your counsel(s) will be, who your client Theodore’s counsel will be and who will be counsel for your firm and its members sued?
On another note, will you be arguing against my Emergency Motion for Welfare Payments and the Motion for Removal of Theodore on Judge Colin’s own initiative?
I ask this to again try to save everyone from the costs of your continued waste, fraud and abuse of process by continuing to represent Theodore as a legally qualified Trustee or in any Fiducial capacity whatsoever, knowing he is unfit to legally act at this time in toto in the Simon, Shirley and Bernstein Family Estate and Trusts matters.
Or, will Theodore resign, as is required by LAW when he is no longer qualified to legally act and after repeated requests from both Feaman and I to you for his removal?
I am not certain what arguments you will present to the Court but let me remind you since you seem deaf to the word of the Court, that your last two bids for Theodore to be appointed as a fiduciary were rejected by Judge Colin.
The first time in his bid for Curator to replace your and Theodore’s friends, associates and colleagues, Tescher and Spallina, who resigned for FRAUD and more and that bid was met with a flat out DENIED by Judge Colin.
Then on your second misguided attempt to appoint Theodore as a fiduciary as Personal Representative of Simon’s Estate, where you were met at the podium prior to putting on your arguments with SCORNFUL CONDEMNATION by Judge Colin who suggested that you WITHDRAW YOUR PLEADING TO APPOINT TED AS PR in Simon’s Estate as he was not fit and to let a legally qualified replacement be elected.
Thus, why Brian O’Connell was elected and you withdrew Theodore’s pleading at the Judge’s threat of Sanctions for you and Theodore, including the Courts costs and everyone’s cost and more if we all had to hear your TOXIC, VEXATIOUS, FRIVOLOUS, COSTLY and FUTILE arguments, if you and John Pankauski failed to get Theodore appointed in the face of a Tsunami of legally qualified and irrefutable reasons that he is not legally qualified at this time to be a fiduciary. This despite what any documents (all being challenged) may or may not say or have his name in them allegedly, he is not qualified AT THIS TIME.
If Theodore and you do not instantly resign voluntarily I will be seeking forceful and aggressive removal by the Court. Again I ask, will your client and you voluntarily Withdraw or must we go before Judge Colin to see you turn away again in angst at the podium of Justice, afraid to put forth your TOXIC, VEXATIOUS and FRIVOLOUS arguments, again after wasting everyone’s time and monies who came to hear them as they did before and did not?
This RECKLESS, WANTON, GROSSLY NEGLIGENT and INTENTIONAL disregard for Law and the Florida Bar Rules by both you and your client will further be reported to all State and Federal, Civil and Criminal authorities already investigating both of you. As you know, you are required by law to report your client to the proper tribunals when you have evidence of Fraud and more, especially when he is ALLEGING to be a Trustee and so acting.
You have a duty and obligation under oath of G-d as an Attorney at Law and Officer of the Court to not support a client committing crimes, breaching fiduciary duties and committing civil tort upon tort (especially against minor children) and you have failed to uphold those duties and oath and have instead aided and abetted this Fraud with your client.
Therefore, your voluntary withdrawal as counsel, for numerous reasons, should be attached to your client’s global withdrawal (similar to Tescher and Spallina in the wake of the Frauds they committed to benefit their client Theodore mainly and that you advanced as well) from all Bernstein Family Estate and Trusts matters in both Simon and Shirley’s Estates and any Bernstein Family Trusts.
I would if I were you and to be clear I am nothing like you, then surrender all records and assets to the Court and save everyone the time and effort to have you and your client be FORCED AGGRESSIVELY by the Court to comply with Law and cease the ongoing Breaches of Fiducial and Legal Duties, the ever growing toll of damages against you and Theodore et al. and end the ongoing violations of Law.
Thank you and I look forward to you and Theodore’s voluntary withdrawals today before we have to have more hearings and infuriate the Judge further at you both.
In parting, which is such sweet sorrow, not, I urge you to then turn yourself and your client in to the proper authorities and confess to the truth and pray for the mercy of the Court, for I have no mercy left for both of you and my wife and children less.
Finally, I urge Mr. Morrissey and Mr. Pankauski to heed the same advice and withdraw as they too are fruit of the poisonous vine of Theodore who has brought with his friend’s great shame and dishonor to the loving memories of my mother and father.
Take solace in the fact that I do pray for your souls but with that and a nickel I am not sure how far you will get when arguing your acts before G-d, whose oath you have all violated. Eliot
Eliot I. Bernstein
Iviewit Holdings, Inc. – DL"
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