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Location: Lock Haven, Pennsylvania, United States

It's time for a grassroots movement to reform Pennsylvania's Judiciary from elections to disciplinary actions. The Bar Association is incapable itself of self-policing, too much harm is being inflicted on innocent citizens in both criminal and civil courts. It's time to fire the foxes in charge of the hen house.

Wednesday, August 11, 2010

My Letter to PA AttorneyGeneral Aug 2010

Michael T. Foerster, Senior Deputy Attorney General
Commonwealth of Pennsylvania
Office of the Attorney General
Charitable Trust and Organizations Section
14th Floor Strawberry Square
Harrisburg, PA 17120
August 9, 2010

Dear Deputy Attorney General Foerster:

Subject: Two Requests for Action

(1) Stop the Termination of the Beatrice M. Wolf Charitable Remainder Trust for the Benefit of Louis E. Montarsi, and
(2) Issue An Executive Order from the Attorney General’s Office to the District Attorney of Clinton County (To Cease and Desist)

I am the former Trustee for the Beatrice M. Wolf Charitable Remainder Trusts for the Benefit of Louis E. Montarsi and Joyce M. Montarsi. Louis Montarsi, age 86, my father, resides in Lock Haven. Joyce Montarsi, age 82, my mother, resides at the Susqueview Home in Lock Haven.

Enclosed is a copy of a letter dated August 5, 2010 from Paul J. Ryan, Esquire, the “substitute trustee” of the Wolf Trust, which I received on August 6th. Your name and office also appear as an addressee.

Attached to Mr. Ryan’s letter is a judicial decree signed by Judge J. Michael Williamson, 25th Judicial District, who presided over all matters in Clinton County relevant to a Protection from Abuse hearing and Guardianship hearing for my mother, Joyce M. Montarsi, and matters concerning the charitable trusts left for my parents by my late aunt. The decree grants Mr. Ryan a hearing for his Petition for Termination of the Beatrice M. Wolf Charitable Remainder Trust for the Benefit of Louis E. Montarsi.

It is impossible for me to condense twelve years of notes and evidence and audio recordings into a single letter to make my case succinctly to you. Nevertheless, I will extend my cooperation with the Attorney General’s Office, the Judicial Conduct Board and Office of Disciplinary Counsel in this matter—especially if it helps to rid Pennsylvania of the “antebellum cronyism and corruption” that continues to plague its citizens and businesses. I am willing to come to Harrisburg at my own expense, to help full time, at the direction of authorities until the material I have is in a workable order for investigators to use to do their work.

I respectfully request the Attorney General’s Charitable & Organizations Section to use whatever means are at your disposal to stop the termination of the Wolf Trust and place it into a conservator-ship. Moreover, I would hope your office would urge the appropriate authority to remove Judge Williamson and Mr. Ryan from this case immediately and to order District Attorney Salisbury to cease and desist from using local police officials to harass me.

The legal disputes over Beatrice Wolf’s testamentary trust and the charitable remainder trusts that it endowed both before and after the proper adjudication of her trust in Florida, are not simply petty “family feuds” between a few disgruntled beneficiaries. Beatrice M. Wolf personally discussed with me her wishes about how I was to use and conserve the funds she left for my parents. As the Fourth Amendment to her trust instrument asserts, “under no circumstances can a beneficiary compel a distribution” and “no court, or any other person shall substitute it or their judgment for the decision or decisions made by the Trustee.” My late aunt and her attorney apparently used this strategy to obviate the predictable attempts of various Montarsi family members—not excluding the beneficiaries themselves—to dictate disbursements and otherwise interfere with her wishes—as the evidence will eventually prove.

Judge Williamson’s law firm has had the Beatrice M. Wolf Trust in its sights at least since she established it—in Florida—in 1999. On December 18, 2007 he finally succeeded in substituting for Beatrice Wolf’s wishes, his own wishes, by naming his former business partner, Paul J. Ryan, Esquire, as her charitable trusts’ “substitute trustee.” From that day on, Judge Williamson, Attorney Ryan, along with Peter G. Facey, Esquire and Robin Read, Esquire and others, have invoked legal technicalities to prevent the substantive issues regarding the harm to the Wolf Trust from ever receiving thorough Superior Court and Supreme Court scrutiny.

In August 2009, Judge Williamson appeared before the Judicial Conduct Board to receive a letter of reprimand. His characteristic judicial misbehaviors have undoubtedly brought him before the JCB on other occasions, but, given the secrecy with which the board operates, the public has been informed of only the case that came to light late last fall just before the news broke about former Rep. Brett Feese and Senator Jane Orie, both who have close, but indirect connections to this case.

I am alleging that both county judges, Williamson and Miller, along with Mr. Ryan and raft of other area attorneys, who, with the assistance of a county social worker from the local Office for Aging, have been perpetrating frauds upon the court and elderly residents and the estates of the deceased of Clinton County using their public offices and professional licenses and social and business connections. Other cases, unrelated to the Wolf Trust and the Guardianship of Joyce M. Montarsi exist, involving Mr. Feese’s former law partners Peter G. Facey and Robin A. Read, Esquires and Judge Williamson and the same county social worker. Moreover, I have good reason to believe—and there is strong circumstantial evidence to suggest—the corruption will be found to have led to a sitting justice on the state supreme court.

Concerning the matter of the Clinton County District Attorney Michael Salisbury, while he and Judge Miller were candidates for their current positions in public office, Mr. Salisbury represented Gemma Rinella, a beneficiary of the Wolf Trust—named as a successor trustee to the trust in question for Louis Montarsi and also in another matter concerning the powers of attorney for Joyce M. Montarsi, about the time it became necessary for me to petition the court for a Protection From Abuse Order on behalf of Joyce Montarsi prior to her guardianship hearing. I have it on good authority—an experienced former U.S. Attorney General, whose specialty was prosecuting white-collar crimes and public corruption cases—that Mr. Salisbury has a conflict of interest in this matter!

On pages 35 and 36 of Enclosure (1) you will see that Judge Williamson held a hearing while my appeal was already pending a hearing before the Superior Court—an act that was illegal— issuing an illegal Order signaling his intention to bring a case of malicious prosecution against me:

“This Court requests the Attorney General of Pennsylvania and the District Attorney of Clinton County to begin an investigation into the circumstances disclosed in the Petition for Accounting filed March 25, 2008, in order that the statute of limitations might not run on any criminal proceedings prior to the disposition of the appellate case.”

I respectfully request the Deputy Attorney General in charge of oversight of the county district attorneys, to immediately issue a letter to Mr. Salisbury ordering him to cease and desist from employing the Lock Haven City Police—either by direct orders or through the use of proxies—in his and the judiciary’s efforts to harass and intimidate me from finishing and filing my formal complaints to the Judicial Conduct Board and the Office of Disciplinary Counsel. This judge and his cronies and his de facto clients are VERY VINDICTIVE and I’m concerned about my personal safety, as members of Mr. Salisbury’s former client’s family and Judge Williamson’s de facto clients, to put it delicately, probably have ties to organized crime.

I am not in the habit of smearing other people’s characters. Moreover, I was never involved in any kind of civil litigation until Judge Williamson and his law partners, Gina Gregoletto, Gio A. Montarsi, Louis Montarsi, Gemma Rinella, Judge Craig Miller, and Attorneys Peter G. Facey and Robin A. Read dragged me into this unwarranted imbroglio over the Wolf Trust. Despite the enormous personal costs to me, I am determined to see that my late aunt’s last wishes are carried out faithfully and for the horrendous exploitation of Joyce M. Montarsi. I have no training in legal matters but from the what I do know of the law, I believe sections of the following laws may have been sufficiently violated to justify the immediate removal of Judge Williamson and Mr. Ryan from this case: Pennsylvania’s Older Adult Protective Services Act of 1996; Corrupt Organizations Act, the Dragonetti Act; and possibly the U.S. Older Americans Act of 1965 and Racketeer Influenced and Corrupt Organizations Act of 1970.

In conclusion, when the hard and circumstantial evidence is placed into the hands of a “neutral” competent investigator—free of political pressure—I believe the evidence will yield the discovery of misconduct meriting more than a slap on the wrist. I hope your office will take my request seriously and do what is within your authority to stop the termination and distribution of remaining assets of the Wolf Trust. Send a clear message that the Commonwealth of Pennsylvania will not permit people like this sociopathic judge, who cleverly employs unscrupulous machinations, to continue. Cure this fool his delusion that judicial immunity will protect him from the very system he intends to continue abusing—if you allow him to. The Commonwealth must rid the judiciary of this judge at its first opportunity. Doing so would be an enormous public service!

You can reach me by email at montarsi@kcnet.org.

Sincerely,

Jude René Montarsi
574 South Fairview Street
Lock Haven, PA 17745
Telephone 570 XXX-XXXX


cc: Commonwealth of Pennsylvania, Office of Disciplinary Counsel
Commonwealth of Pennsylvania, Judicial Conduct Board
U.S. Department of Justice, Peter J. Smith, U.S. Attorney, Middle District, Pennsylvania
Stephen A. Zappala, District Attorney of Allegheny County, Pennsylvania
Lee H. Roberts, Esquire
Geoffrey L. Beauchamp, Esquire,
Gyneth L. Stanley, Esquire, former estate-planning attorney for the Late Beatrice M. Wolf
Alvin Snowiss, former attorney for the Estate of the Late Beatrice M. Wolf

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