Saturday, January 31, 2015

Wa Wa Alan Rose is seeming to "Resist Arrest". Tee Hee, I mean he does not want a hearing to removing himself, then his Billable Bullshit would stop right? Why is Alan ROSE so Evasive? Year after Year seemingly aiding and abetting massive fraud and forgery with willful, wanton knowledge.

From: Alan Rose []
Sent: Thursday, January 29, 2015 8:22 PM
To: Eliot Ivan Bernstein
Cc: John P. Morrissey; OConnell M
Subject: Re: Shirley Bernstein - Hearing Request re: case # 502014CP003698XXXXSB

I am traveling and do not believe either day works for me. In addition, we need to have the motion to dismiss heard first and time to answer and do discovery afterward.

You mentioned in court the other day evidence that millions of dollars was taken from Simon's bank accounts. We previously ever served a question reduce on you and you have refused to provide documents. Please that you have documents showing that millions of dollars was taken from make accounts, we again request immediate production of those documents

Alan B. Rose
Mrachek, Fitzgerald, Rose, Konopka, Thomas & Weiss, P.A.

On Jan 29, 2015, at 08:14, Eliot Ivan Bernstein <> wrote:
Regarding case # 502014CP003698XXXXSB and in preparation to secure court hearing times for the pending Petition to remove Ted as Successor Trustee, below are the court hearing times allotted for this 2 hour hearing that are available per Judge Colin’s JA today.

Please reply with the date and time that is most convenient for you. We have allowed time for Ted’s Motion to Dismiss the Petition to be heard if Ted files Notice with the Court at the chosen time.  Thank you for your prompt attention to this matter.  The dates are as follows;

March 19, 2015 at 10:00am


March 20, 2015 at 1:30pm

Best regards,

Eliot I. Bernstein

From: Eliot Ivan Bernstein []
Sent: Thursday, January 29, 2015 8:43 PM
To: 'Alan Rose'

Subject: RE: Shirley Bernstein - Hearing Request re: case # 502014CP003698XXXXSB

You are traveling until March 19 and March 20 or on those two days?  What days do your travels include as you did not file anything stating such blocked dates?  

I will notify Judge Colin of the continued trouble scheduling the hearing to remove your client and you that he wants to hear next.  

As you know it is a waste of time to hear anything you file if it is found your client Ted was acting illegally as a fiduciary and it will all have to be reversed due to the continued pattern and practice of Fraud on the Court by Ted and his counsel.  

We can hear your motion to dismiss on the same day as the Motion to Remove Ted, you have had enough time to prepare (months) and it should take only a few minutes to have your Motion to Dismiss dismissed as frivolous and vexatious like everything you are filing on behalf of your client who is not now qualified legally to be a fiduciary.  

The rest of your sentences do not make sense so it is hard to answer the gibberish such as “We previously ever served a question reduce on you and you have refused to provide documents” and “Please that you have documents showing that millions of dollars was taken from make accounts” therefore I will not attempt to decipher such and respond.  


From: Eliot Ivan Bernstein [] 
Sent: Friday, January 30, 2015 10:55 AM
To: Alan B. Rose Esq. (; ''; 

Subject: FW: Shirley Bernstein - Hearing Request re: case # 502014CP003698XXXXSB

Alan, I will notify the court of your refusal to schedule on the dates given due to a “belief” that you are unavailable and your further refusal to provide new dates that work that you believe you can make.  Your continued attempt to delay having the Petitions and Motions to remove your client Ted and yourself from these proceedings due to the mass of violations of law, probate codes, ethical codes violated, that you are not only fully aware of but actively involved in, is only putting everyone at risk and great expense in dealing with you two.  

All these lawyers involved and copied herein who are aware of you and your client Ted’s misconduct and continue to have to deal with you as you fail to have your client resign as mandated legally are obligated to report to the Court and other necessary agencies your violations of law and ethics codes as required in the Attorney Conduct Code and Ted’s violations as he is an alleged Fiduciary and Officer of the Court.  

If Ted is such a great candidate as a fiduciary because of his impeccable record of having NOT DONE A SINGLE ADMINISTRATIVE function since alleging he is a fiduciary, other than take distributions illegally and advance fraudulent beneficiary schemes, you should want this hearing so we can all move forward knowing that the Judge has approved him as qualified or get rid of him for he is not.  Then we can all move forward legally with or without you.

I am requesting that any lawyers included in this communication who are aware of any attorney or fiduciary misconduct in these cases to cease doing any further work with the alleged fiduciary Ted and his counsel that may all be reversed if it was done illegally as part of a larger fraud on the court and beneficiaries and report both of them to the Court and the proper authorities as required.

Thank you, Eliot 

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