Alan, it is clear that Ted cannot argue or have anything to do with the hearing to determine the validity of the documents, as he is conflicted and adverse to beneficiaries, as if the documents do not turn out his way then his family inherits nothing in the Estates and Trusts of both Simon and Shirley.
The obvious and beyond reproachable or negotiable conflicts and adverse interests with beneficiaries in the outcome of the validity hearings make it virtually illegal to have Ted as the fiduciary arguing for his personal interests against other beneficiaries. Similar to what he has been doing in the Illinois insurance action you are counseling him on as well. I mean really, did you miss ethics 101 regarding conflicts and adverse interests and are you aware of the consequences?
Therefore, it makes no sense to hear any pleading of your client Ted as you claim in number 3 of your email below until we first determine if Ted is now a qualified fiduciary to go forward with pleading ANYTHING as a fiduciary. The outcome of the validity hearing with Ted and you there arguing pollutes the hearing with toxic, frivolous and possibly illegal filings and arguments due to the conflicts, etc.
Then, if it is next found that Tad was not qualified at the next hearing to remove him, everything he did becomes further waste, fraud and abuse on the courts and beneficiaries and everyone involved and it will all have to be reheard, including the validity hearing. Again, if Ted is such an outstanding fiduciary, you should welcome that hearing first.
I think you will be interested in Exhibit E of the attached filing in the Illinois court this morning before Judge John Robert Blakey (son of infamous RICO author G. Robert Blakey) regarding the misconduct of both you and Ted.
Perhaps after reading that you will save us all the trouble of having to forcefully and aggressively remove Ted and you and ratchet up the tolling of the ever increasing damages you two have caused in continuing this ongoing fraud on the courts and beneficiaries you stand accused of.
So please, pretty please, do the right thing and immediately advise your client to resign as Trustee and cease these toxic representations, you are endangering all those involved who are forced to deal with your unethical representations of an unqualified fiduciary.
Follow the rest of Ted’s flock of former lawyers who have abandoned him, including the two who brought you in, Tescher and Spallina, who have committed fraud on the court, fraud on the beneficiaries and disgraced the legal profession and all those who serve it honorably and damaged all those involved for the last two years.
All of these continued misconducts will continue to be reported to the proper authorities. By the way, as I am suing you in the stayed counter complaint can you please send over your insurance carrier information so I can notify them?
I await hearing from you on the hearing dates or your and your client’s immediate resignations.
As for dates, in reverse order:
1. As to moving case from Judge Keyser to Judge Colin, I have no objection. You can submit an agreed order to Judge Keyser, copied on all parties , transferring case and he likely will sign it without a hearing. The complaint served by you indicated that Judge Colin was the assigned judge, so any confusion was caused by you. It appeared to me that the case was with Judge Colin, as it should be.
2. March 3rd at 1130 might work; I need to double check with my client, for what you claim to want to hear: (i) Motion to Extend Time and (ii) Motion to Compel Trust Accounting Shirley Trust
3. I will check the April dates with my client. Are you trying to hear the Motion to Remove Ted as Trustee in the Shirley Trust? Shouldn’t we hear the Count II to determine validity of documents first or at same time, as that matter is at issue and ready to be tried, whereas this one is not? Why wouldn’t it make more sense to determine if the documents are valid first. If they are not valid, as you contend, then Ted would not be the Trustee in the first place, and there would be no need to remove him. If the documents are valid, that would narrow many of the issues. I would request Brian O’Connell’s thoughts on that matter. At a minimum, could we set our Count II as a backup for the same time or, if your motion is heard, for after your motion on same date and time.
I will check with my client and advise by end of day on dates for points 2 and 3 above.
Also, I assume John Morrissey will respond as well.
Sent from my iPhone
Begin forwarded message:
From: Eliot Ivan Bernstein <firstname.lastname@example.org>
Date: February 2, 2015 at 3:43:33 PM EST
To: "Alan B. Rose Esq." <email@example.com>, "Alan B. Rose Esq." <firstname.lastname@example.org>, <email@example.com>, <firstname.lastname@example.org>, "Benjamin P. Brown" <email@example.com>, <firstname.lastname@example.org>, "Brian M. O'Connell PA ~ Partner @ Ciklin Lubitz Martens & O'Connell " <email@example.com>, <firstname.lastname@example.org>, "Donald R. Tescher ~ Attorney at Law @ Tescher & Spallina, P.A." <email@example.com>, "Gary R. Shendell" <firstname.lastname@example.org>, "Irwin J. Block @ The Law Office of Irwin J. Block PL" <email@example.com>, "John J. Pankauski" <firstname.lastname@example.org>, "John J. Pankauski" <Michelle@Pankauskilawfirm.com>, "John P. Morrissey Esq. @ John P. Morrissey, P.A. " <email@example.com>, <firstname.lastname@example.org>, "Kenneth S. Pollock" <email@example.com>, "Kimberly Moran ~ Legal Assistant / Notary Public @ Tescher & Spallina, P.A." <firstname.lastname@example.org>, "L. Louis Mrachek Esq. @ PAGE, MRACHEK, FITZGERALD, ROSE, KONOPKA, THOMAS & WEISS, P.A." <email@example.com>, "Lindsay Baxley aka Lindsay Giles @ Life Insurance Concepts" <firstname.lastname@example.org>, "Mark R. Manceri, Esquere @ Mark R. Manceri, P.A." <email@example.com>, "Mimi K. McAndrews" <firstname.lastname@example.org>, <email@example.com>, Pamela Beth Simon <firstname.lastname@example.org>, Peter Feaman <email@example.com>, "Peter Feaman, Esq. ~ Attorney at Law @ Peter M. Feaman, P.A." <firstname.lastname@example.org>, <email@example.com>, "Robert L. Spallina, Esq. ~ Attorney at Law @ Tescher & Spallina, P.A." <firstname.lastname@example.org>, <email@example.com>, "William M. Pearson" <firstname.lastname@example.org>, "Charles D. Rubin ~ Managing Partner @ Gutter Chaves Josepher Rubin Forman Fleisher Miller PA" <email@example.com>, JILL BERNSTEIN IANTONI <firstname.lastname@example.org>, Lisa Friedstein <email@example.com>
Subject: Regarding hearings for cases # 502014CP003698XXXXSB and 502012CP004391XXXXSB hearing times requested.
Alan Rose is in clear conflict, so why is he still hell bent on what seems to be breaking the law?Regarding case # 502014CP003698XXXXSB and in preparation to secure court hearing times for the pending motion to remove Ted as Successor Trustee, below are additional court hearing times for 2 hours that are available per Judge Colin’s JA as the last batch Alan Rose claimed to “think” he was unavailable for the end of March times. We have notified the Court of the continued scheduling problems for our hearings as it is becoming burdensome on them and we will be forwarding any problems with these dates to Judge Colin to review and address. Please only respond if you are planning on attending the hearing or representing a party in the hearing who has standing in these matters.April 1 at 10:00amApril 2 at 1:30pmApril 8 at 10:00amApril 9 at 10:00amIn addition, I have requested one half hour hearing to hear 2 motions. The times available are as follows,February 19 at 11:30amFebruary 20 at 9:30amFebruary 23 at 10:00amMarch 3 at 11:30amThe one half hour hearing will be to continue the unheard motion from our last hearing, Regarding case # 502012CP004391XXXXSB, Motion to grant an extension to the claims filed on Aug. 22, 2014 and Regarding case # 502014CP003698XXXXSB Motion to compel Trustee Accounting for Shirley Bernstein Trust.Also, since I did not hear objections for the UMC Motion to Move the Case to Colin from Judge Keyeser, I will choose one of the dates circulated and file for the hearing and serve notice.Thank you for your prompt attention to these matters,Eliot Bernstein
Check Out the filing by clicking below and see more on this Florida, Fraud and Forgery case.