(1300304) District No. PD4 :JAN 22, 2015 LOUIS J. RUSSO NOTICE TO COURT In consideration of the elements of this case, The conserved person and estate, Louis J. Russo hereby request the courts consideration and action in the above named case specific to the background and allegations set forth below in this notice of agrievement to the Housatonic Valley Probate Court, Judge Martin Langrebe. I, Louis J. Russo have been advised by the States Attorney Generals Office that redress of grievances shall first be brought forth in this manner prior to being elevated to the States Attorney General or for Civil Litigation through the State Superior and Supreme Courts. Background 1. Mr. Louis J. Russo, Born 8/1/1918, is a US Army WWII Combat Veteran that served in the Battle of New Guinea, and Papua between the dates of April 1942 – July 1945. 2. Mr. Russo, was honorably discharged from the US Army at the rank of SSgt 3. Mr. Louis J. Russo is the current property owner of the property located at 11 Hammond Rd, New Fairfield CT 06812. 4. Mr. Russo is of sound mind and in outstanding mental and physical health considering his age of 96. 5. Mr. Russo was removed from his home following an application through the Town Of New Fairfield Social Services for an involuntary conservatorship approximately May, 2013 following a fall 6. Mr. Russo had been forced to reside in multiple hospitals and/or care facilities (Danbury Hospital, Pope John Paul Nursing Home, Wallingford Masonacare) 7. Since the establishment of the involuntary conservator he had not been allowed to return to reside in his home until Nov, 2014 following the efforts and coordination of volunteer veterans advocate, Daniel R. Gaita of Operation Vet Fit, an IRS, IRC, 501(C)(3) and a CT registered Public Charity. 8. From approximately May 2013 thru August 2014, Mark Broadmeyer, was Mr. Russo’s Assigned Conservator and Attorney Candace Fay was assigned attorney under the direction of Judge Martin Landgrebe of the Housatonic Probate Court 1 detailed in the Matter of Louis Russo (1300304) District No. PD44. 9. Throughout those dates May 2013Aug 2014, the probate court records detail Mark Broadmeyer and Candace Fay, acting in the capacity of Louis Russ’s conservator of both person and estate allegedly violated multiple CT Statutes, CT Probate Court Rules, Mr. Russo’s civil rights and violated the Patients Bill of Rights. More specifically detailed below: a. Unlawful sale of Mr. Russo personal and estate assets as set forth in C.G.S. sections 45a164 through 45a169, 45a650, 45a655(a), 45a656b(a) and 45a 660(a); Probate Court Rules: i. 33.12(b) by failing to present evidence regarding the fair market value of Mr. Russo’s assets prior to sale. ii. 33.12(d) Louis Russo, the conserved person never grated consented to the sale as required by C.G.S. section 45a656b(a). iii. 33.8 by failing to send copy of inventory to all parties as required by C.G.S. section 45a655(a). iv. 33.9 by dissolving and closing Lous join bank accounts with other persons as required by C.G.S. section 45a98(a)(3) and 45a655(a). b. Rule 36 by failing to provide financial reports and accounting in line with (C.G.S. sections 19a301, 45a98(a), 45a143, 45a175 through 45a180, 45a 242(b), 45a317, 45a489a(d), 45a517, 45a559d, 45654(f), 45a655(c) and 45a660(b))& 45a655(e) c. Rule 37 failed to file applicable financial reports in line with C.G.S. sections 45a177(b) and 45a597; Probate Court Rules, rule 36. d. Rule 38 by failing to provide financial reports and accounting in line with C.G.S. sections 45a176, 45a177(b) and 45a597, 45a176, 45a177(b), 45a 542 through 45a542ff and 45a597. e. Rule 39 by charging fees outside of the rules established in C.G.S. sections 17b95(c), 45a151(b), 45a234(6), 45a594 and 45a649a. f. Rule 44.4 failed to provide notice to the court on Mr. Russo’s transfer to the Wallingford Masonacare psychiatric ward where Mr. Russo alleges he was abused prior to being released and transferred back to Pope John Paul II, in violation of (C.G.S. sections 17a77(a) and 17a498(a); Probate Court Rules, rule 8. g. Rule 71.3; 71.5; 71.6 ; 71.7Acting in summary, nonsummary and civil contempt of court by misbehaving or disobeying an order of a judge during 2 and/or after a hearing or conference. (Middlebrook v. The State, 43 Conn. 257 (1876); Probate Court Rules, section 16.11) & Connecticut Practice Book section 118) a. Rule 71 Failure of fiduciary to perform duties under C.G.S. section 5184. (C.G.S. sections 45a242 and 5184. b. CGS 17a542, Failure to provide humane and dignified treatment during Lou’s unauthorized, and restrained transfer from Pope John Paul II nursing home to the Wallingford Masonacare where Mr. Russo alleges he was abused, locked up and deprived of his civil rights. Specifically that the entire experience caused great pain, and humiliation” Evidence supporting the allegations above are provided by Mark Broadmeyer in his answers to the court and advocates interrogatories of approx. Nov 2014. As well as within all Probate court records of this case. 10. Additionally, Louis Russo alleges that Attorney Candace Fay also violated section 12.4 of the CT Probate Court Rules by failing to advocate for the client in accordance with the Rules of Professional Conduct. a. More specifically by conspiring, colluding, negotiating, implementing, and executing, with Mark Broadmeyer in: i. multiple versions of unauthorized lease agreement(s) ii. with unauthorized tenants and iii. fraudulent signatures in Louis Russo’s home. iv. As evidence of the above allegation, Probate Court records show that Judge Langrebe, once he was notified, ordered the eviction of the unauthorized tenants from the home of Louis Russo. (See case DOCKET NO. DBD CV 14 4019074 S, Danbury Superior Court.) b. Additionally, Candace Fay, without consent or conference with Louis Russo: i. Negotiated and entered into a Pre Judgment remedy specific to the debt that Mr. Russo forcibly and involuntarily accumulated at Pope John Paul II Nursing home, Danbury CT. (DBDCV 14 4009231, Danbury CT) c. Additionally, Attorney Candace Fay allegedly engaged in Collusion and Conspiracy when she: i. On or about October 16th, 2014; Filed a false criminal complaint for 3 threatening and harassment against Lou’s advocate, Daniel Gaita with the (Danbury Police Officer Galgano) – Police investigated the complaint and informed Fay that nothing was done illegally on the part of Mr. Gaita. ii. Additionally, the complaint filed by Fay resulted from her using multiple fake facebook accounts allegedly established by Candace or David Fay in an attempt to entrap Gaita into making a threat. Their attempts repeatedly failed. iii. October 10th, 2014; Candace Fay also had her husband, David Fay, A Federal Corrections Officer, submit a bizarre and allegedly threatening and intimidating email to Gaita. iv. October 16th, David Fay also filed a false complaint with the Danbury Police Department Officer Nieves, claiming Gaita threatened him/her. Police investigated the complaint and informed Fay that nothing was done illegally on the part of Mr. Gaita. v. Additionally, in Mr. and Mrs. Fays attempt to entrap, harass and intimidate Mr. Gaita, she allegedly used other persons photos and names to create fake facebook accounts thus engaging in stolen identity. vi. October 17th, 2014; As a result, Gaita filed a criminal complaint against the Fays with the Bethel Police ordering Fay and her husband to cease and desist all contact with Gaita. vii. October 20th, 2014; Following the complaint filed by Gaita, Candace Fay retained the Law Offices of Ferrara & Hayden, P.C. to further attempt to harass and intimidate Gaita by demanding that Gaita retract his allegations of wrongdoing by Fay and Broadmeyer. viii. All of the above mentioned allegations created interruptions and delays to the attempted advocacy efforts of Dan Gaita in direct violation of her oath of office, Probate Court Rules, and Mr. Russo’s rights as a patient. d. Additionally, Candace Fay, just prior to her removal as Court Appointed Attorney, attempted on two separate occasion in one day to coerce Mr. Russo 4 from filing the now active criminal complaint against her and Broadmeyer. Specifically claiming that it would: i. Ruin her chances of being elected (she was a candidate for State Representative in the Nov 2014 election) ii. Ruin her political career iii. Ruin her professional career iv. I did not sign any agreement with her and am still seeking adjudication through the criminal process, which is being held up by repeated delay tactics. Specifically, the withholding by Broadmeyer and now Dean Lewis of the requested evidence needed for the investigating detective to conduct a forensic audit of my accounts. e. Additionally, despite both of their knowledge that he was eligible for free care at any veterans facility, Attorney Candace Fay and Mark Broadmeyer failed to place Mr. Russo into Veterans Housing or a Veterans hospital where he would have had $0 in charges due to his WWII Combat Service. As a direct result of this action, Mr. Russo accumulated a $108,000 debt that went through a Pre Judgment remedy without Louis Russo’s consent, which left him with a $40,000+ debt and lien on his property. 11. Approximately August 2014, Mark Broadmeyer, acting as conservator and with coordination from the court appointed attorney, Candace Fay and without authorization of the probate judge or Mr. Russo, wrongfully and allegedly illegally leased Mr. Russo’s Property to tenants that alleged to have had a 50/50 cash deal to split the funds from scrapping Lou’s property for rent payment. a. None of the funds for rent or scrapping of Mr. Russo’s assets where accounted for in Broadmeyers periodic or final accounting. b. Statements as evidence were provided by the tenant’s to investigating State Police detective Michael Moricoli. c. Additionally they (the tenants) claimed in the presence of Trooper Moricoli, that the signatures on two of the leases were not their own, that they were photocopied from the first of three leases on the record. 12. On August 26th, 2014 The Housatonic Probate Court found that “Mark Broadmeyer did not receive prior Court approval to allow tenants to move into Louis Russo’s residence at 11 Hammond Road, New Fairfield, CT during a recorded hearing. 5 13. Also On August 26th The probate court, Hon. Marin F. Landgrebe, having realized the error on Mr. Boradmeyers behalf ORDERED that Mark Boradmeyer shall: a. Remove the tenants at 11 Hammond Road, New Fairfield by October 1st, 2014; b. Supply the court with a timeline as to when Louis Russo will return to his home by the October 2, 2014 hearing. (See Probate Decree dated 8/26/2014) c. File an interim Accounting covering June 28th, 2013 through Present by September 15th, 2014 14. On September 5th, 2014 The probate court, Hon. Marin F. Landgrebe found: “The conservator did not request Court permission to act with regard to the real property” (See Probate Decree dated 9/5/2014) 15. On October 2nd during a scheduled hearing Mark Broadmeyer provided the court with the judges ORDERED interim Accounting covering June 28th, 2013 through September 15th, 2014. Therein: a. The report shows no rental agreement or rental income received by Mr. Russo’s estate by the alleged tenants. b. No rental agreement was ever presented or produced to the court neither at that time nor since. c. Nor could one have been legally consummated without the prior approval of the probate court. 16. Until approx. Nov 24th, 2014, 18 months after being assigned an involuntary conservator of both person and estate Mr. Russo sat in a nursing home with an unpaid bill, accruing debt of utilities and taxes, his life savings depleted and then strangers living in his home. He claims he was neglected and treated as a prisoner, and an inmate. Mr. Russo further claims that his Civil Rights have been & are being routinely violated and denied while he awaits the day that his personal belongings are returned to him. 17. October 3rd, 2014, Following a request for help from Mr. Russo’s veterans advocate, Daniel R. Gaita, State Senator Michael McLachlan and Judge Landgrebe quickly worked to remedy the immediate situation by removing both conservator, Mark Braodmeyer and Attorney Candace Fay, replacing them with new Conservator, Attorney Dean Lewis, and New Attorney Richard P. Terbrush following an additional 6 request by Louis Russo himself. 18. Between the dates of October 3rd and November 11th, 2014 Attorney Dean Lewis was effective at completing the eviction proceedings, removing the unauthorized tenants from Mr. Russo home, and lining up services for Mr. Russo’s return home. 19. Also between the dates of approximately October 20th – November 11th, Volunteer veterans advocate, Daniel R. Gaita coordinated over 20 volunteers and secured the donation of approximately $20$30,000 in donated labor and materials needed to safely and properly renovate and repair Mr. Russo home for his return. The volunteers completed their mission by November 10th, 2014 and Mr. Russo’s home was ready for his return. 20. In addition to preparing Mr. Russo’s home for his return, Gaita also provided, at no cost, the loan of Phones, TV’s, Fall Alert System, Internet, WiFI, an 8 camera surveillance system, Droid tablet, an email address, facebook account, Ipod, and most of today’s modern electronics and technological amenities. a. The cost of these services is currently being paid by Operation Vet Fit. b. Since Mr. Russo continues to have no access to his income, finances, or any of his identification needed to open his own bank account he is unable to make any purchases on his own behalf. Including the purchase of food and basis nessesities. 21. Between Nov 11th – Present (Jan 23nd, 2015) and despite repeated calls and emails, from both Louis Russo and advocate, Daniel Gaita, Attorney Dean Lewis failed to turn over Lou’s requested documents and personal effects. 22. Additionally, Attorney Lewis has failed to secure many of the benefits that Gaita lined up for Mr. Russo but was unable to attain for Mr. Russo as a result of Dean Lewis restricting and limiting Lou’s advocates (Gaita’s) efforts. Specifically interfering with Gaita’s ability to obtain the following for Mr. Russo: a. VA Veterans Pension b. Food Stamp (SNAP) assistance c. Cash Assistance d. Utilities Assistance through CACD 7 e. Lou’s Personal Identifications and property deeds f. Social Security Card and Income g. Bank account and access to his personal funds to purchase food and basic necessities 23. On January 9th 2015, Attorney Dean Lewis specifically, via email, insisted that our lawmakers, agencies and advocates “not correspond with Mr. Gaita” following Gaita’s attempt to investigate the status of Lou Russo’s VA Veterans Pension that he applied for in October 2014. This appears to be in direct violation of appropriate conduct as a conservator is never to interfere or delay the efforts of a conserved persons chosen advocate. a. Also on January 9th 2015, following Attorney Dean Lewis Email, outlined above, Gaita replied to all agencies including the Probate Court and Congressional Aides inquiring about the absurdity of Attorney Lewis’s actions, comments and orders in his email. This email resulted in the following email dated (1/9/2014 @ 12:45:32PM EST) from Attorney Dean Lewis to Lou’s Advocate, Daniel R. Gaita: i. “Dan I copied you on my email. This is a Blatant violation of the Privacy Act and I will deal with this sternly. I am requesting that you cease and and all efforts as the “advocate” for Mr Russo. It is becoming harmful rather than helpful when you act as a lone wolf. Thank you for your past assistance Dean cc: Atty Terbrusch” b. Upon that date, Advocate, Daniel R. Gaita ceased all communication and coordination with Attorney Dean Lewis for fear that Attorney Lewis had now shown clear violations of the Probate Court rules specific to interfering with the efforts of an advocate, CGS(Sec 45650(m), violating the patients bill of rights and his civil rights by obstructing efforts to restore Mr. Russo’s independence, freedom and dignity. WHEREFORE, the Conserved person and estate, Louis J. Russo requests the COURTS 8 consideration and judgment against the above named, former court appointed 9 conservators and attorneys for any and all violations set forth herein. Further, Louis J. Russo requests that Attorney Candace Fay and Mark Broadmeyer satisfy his debt to Pope John Paul. That the lien be removed from his property, That he be made whole, and that he be given back his life, his dignity, his money, his property, and his independence from those within this system that have tortured him for nearly two years. Respectfully Submitted, DATED: 1/26/15 SIGNATURE By: Louis J. Russo 10
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