Guest
03-26-2005, 12:18 PM
2005, 3:06pm To: VictoryUSA@jail4judges.org, g16@ccrtc.com Cc:
enn7@webtv.net Subject: UNCONSTITUTIONAL QUALIFICATIONS
COMMISSION~INDIANAPOLIS, INDIANA~
TO VICTORY
1:07pm To: ** mbabcock@courts.state.in.us, gberesfo@indygov.org Cc:
** enn7@webtv.net, jjnn77@msn.com Subject: ** Re: File Stamped
Objections~PROOF OF PERJURY/OBSTRUCTION
QUALIFICATIONS COMMISSION
"""""""""""""""
AS I TOLD YOU REPEATEDLY~
**I AM IN THE PROCESS OF SENDING YOU REGISTERED MAILINGS OF MY
CURRENT COMPLAINT AS IT NOW DEVELOPS
""""""""""""""""""""""""""
**BY UNITED STATES REGISTERED MAIL
"""""""""""""""""""""""""""""""""""""""""""
OF THE CRIMINAL OBSTRUCTION OF JUSTICE
"""""""""""""""""""""""""""""""""""
~ONE REGISTERED MAILING WITH A SASE WAS SENT FRIDAY~MARCH 25, 2005
""""""""""""""
YOU WILL BE GETTING MORE ADDENDUMS AND PROOF OF CRIMINAL OBSTRUCTION OF
JUSTICE~
WHAT YOU DO HAVE IS ENOUGH TO PROVE DENIAL OF FUNDAMENTAL CONSTITUTIONAL
RIGHTS
**DENIAL OF CONSTITUTIONAL RIGHTS OF DUE PROCESS AND GROUNDS FOR
IMPEACHMENT~
""""""""""""""""
YOUR FAILURE TO IMPEACH THIS CORRUPT JUDGE AFTER THE RUTH LILLY CASE AND
HIS MORAL TURPITUDE HAS BEEN SHOWN ON EYEWITNESS NEWS AND IS ON THE
INTERNET
""""""""""""""""
YOU REQUESTED THAT ALL THE EMAILS BE SENT IN AS WELL AS ALL THE FAXES IN
YOUR ATTEMPT AT OBSTRUCTION OF COMMUNICATION~
""""""""""""""""""""
YOU WILL NOT LIMIT OR FAIL TO FILE MY COMPLETE AND CURRENT COMPLAINT
WHICH IS ALSO BEING SENT TO THE ATTORNEY GENERAL AND WILL OF COURSE GO
THE SUPREME COURT OF THE UNITED STATES AS STATE SANCTIONED VIOLATIONS OF
THE CONSTITUTIONAL
"""""""""""""""""""""""""""""""""""""
AS A CONSTITUTIONALLY CREATED COMMISSION IT IS EXPECTED THAT YOU BE IN
COMPLIANCE WITH THE CONSTITUTION AND NOT IN VIOLATION OF IT
""""""""""""""""""""""""""""""""""""""""""""""
VIOLATIONS OF THE CONSTITUTION OF THE UNITED STATES THAT ARE STATE
SANCTIONED ARE IN VIOLATION OF YOUR OATH OF OFFICE AND IS CONSPIRACY TO
OBSTRUCT JUSTICE ON YOUR PART AND OF COURSE I WANT PROOF OF WHO VOTED
HOW AND
"""""""""""""""""""
THAT THERE WAS EVEN A HEARING~
NOT SOME GENERIC FORM LETTER WITH NO LAW APPLIED
""""""
YOU MUST SUPPORT BY LAW ALL THAT YOU DO
""""""""""""""""""""""""
MY RIGHT ~EVEN THE SUPREME COURT HAS TO SAY WHO VOTED HOW
""""""""""""""""""""""""""""""
ALL THIS IN THESE EMAILS IS THE SUBJECT OF ANOTHER COMPLAINT
""""""""""
MY CURRENT COMPLAINT IS IS THE PROCESS OF BEING SENT IN ~PERHAPS YOU
HAVE GOTTEN PART ONE SENT IN WITH A SASE AS PROOF BY REGISTERED U.S S
MAIL~YOUR BIAS IS AS NOTED IN THIS MATTER
""""""""""""
AS IN THE MARTHA STEWART CASE THESE EMAILS~WILL BE PRESENTED ~
"""""""""
ELECTRONIC MESSAGES CAN/ARE BEING PRINTED BY A PRINTER~AND FILED BY U.S
REGISTERED MAIL ~ TO THE QUALIFICATIONS COMMISSION WHICH HAS AN OATH OF
OFFICE THE CONSTITUTION OF THE UNITED STATES~IS THE LAW OF THE LAND
"""""""""
AS SWORN BY JOHN NOTTINGHAM
Subject: ** Re: File Stamped Objections~PROOF OF PERJURY/OBSTRUCTION
To: ** enn7@webtv.net Cc: ** enn7@webtv.net,
gberesfo@indygov.org, jjnn77@msn.com, jon16648@yahoo.com,
Nicole.Allen@nasd.com From: ** mbabcock@courts.state.in.us Date:
** Sat, Mar 26, 2005, 12:29pm X-MIMETrack: ** Serialize by
Router on webserver.secure.courts.state.in.us/incourts(Release
6.5.3FP1|December 15, 2004) at 03/26/2005 12:29:59 X-Brightmail: **
Message tested, results are inconclusive We have repeatedly advised you
that the Commission does not consider unsworn communications. We
currently have a sworn complaint pending. You will be advised when the
Commission has concluded its inquiry. * Thank you for your
cooperation.
**************************enn7@webtv.net
**************************03/26/2005
12:26 * * * * * * * * * * * * * * * *
* * * * * To
*************PM * * * * * * *
* * * * mbabcock@courts.state.in.us,
************************************************** ****************************gberesfo@indygov.org
************************************************** **********************cc
************************************************** ****************************Nicole.Allen@nasd.com,
***************************************enn7@webtv. net,
jjnn77@msn.com,
***************************************jon16648@ya hoo.com
************************************************** ************************************************** **********************************Subject
***************************************File
Stamped Objections~PROOF OF
***************************************PERJURY/OBSTRUCTION
ADDENDUM #5
BY CORRUPT~DEMENTED~CROOKED~
......SADISTIC..." JUDGE" ... DEITER
WHO OBVIOUSLY HAS MENTAL PROBLEMS....TAKES MONEY FROM HIS CASES OF
MISMANAGEMENT BY NATIONAL CITY BANK e.g.example.~RUTH LILLY
SCANDAL~CONSPIRACY WITH WHOEVER IN THIS MATTER~ATTEMPTS TO COVER
UP~FRAUD UPON THE COURT
""""""""""""""""""""""""""""""""""""""""""""""
ATTORNEY GENERAL
CLERK OF COURT
JUDICIAL REVIEW~FAILURE OF JUDICIAL REVIEW~
""""""""""""""""""""""""""""""""""""""""
FILED FORMAL OBJECTIONS NOT HEARD
UNCONSTITUTIONAL
VOID/NULLITY
""""""""""""""""""""""""""""""""""""
PROOF OF CRIMINAL OBSTRUCTION OF JUSTICE GROUNDS FOR IMPEACHMENT GROUNDS
FOR JAIL
IT IS NOT IN THE PUBLIC GOOD TO HAVE AN UNCONSTITUTIONAL COURT WITH A
LYING JUDGE ON THE TAKE WITH A FAKE HISTORY LIST AND A HIDDEN AGENDA OF
CORRUPTION
~
John Nottingham
----- Message from enn7@webtv.net on Thu, 24 Mar 2005 19:21:25 -0500
-----
*********To: mbabcock@courts.state.in.us
*******cc: enn7@webtv.net, jjnn77@msn.com,
jon16648@yahoo.com
**Subject: File Stamped Objections Final Accounting~Obstruction of
Justice
Qualifications Commission
sent in by UNITED STATES REGISTERED MAIL/SIGNED FORM~ALSO WITH/SASE
ENCLOSED~
"""""""""""""""
John Nottingham
----- Message from enn7@webtv.net on Tue, 15 Mar 2005 14:30:22 -0500
-----
*******To: gberesfo@indygov.org,
azapata@courts.state.in.us
******cc: enn7@webtv.net, jjnn77@msn.com, jon16648@yahoo.com
*Subject: Fwd: date stamped objections Final Accounting~Obstruction of
**********Justice
CLERK OF COURT
ATTORNEY GENERAL
JUDICIAL REVIEW
""""""""""""""""""""""""""""""""""""""""""""""
CONSPIRACY TO OBSTRUCT JUSTICE
""""""""""""""""""""""""""""""""""""""""""""""
PROOF OF
John Nottingham
----- Message from enn7@webtv.net on Tue, 15 Mar 2005 14:15:20 -0500
-----
*******To: lee.slade@nationalcity.com
******cc: enn7@webtv.net, jjnn77@msn.com, jon16648@yahoo.com
*Subject: Fwd: date stamped objections Final Accounting~Obstruction of
**********Justice
NCB ~trustees
slade, lee...what...? did kevin dubbink get fired Perjury is Perjury is
Perjury
No Transcript is No Transcript is No Transcript this electronic message
is Proof of Conspitacy to Obstruct Justice~Criminal by you 3 and
deiter~Conspiracy to Obstruct Justice you , Lee Slade, Kevin Dubbink,
"pete" the malpractice lawyer, and judge deiter the Unconstitutional
judge
John Nottingham
----- Message from enn7@webtv.net on Tue, 15 Mar 2005 13:54:28 -0500
-----
********To: mail@firstnationalbank.com
****cc: roselyn.lewis@firstnationalbank.com, jjnn77@msn.com,
********jon16648@yahoo.com, enn7@webtv.net **Subjec
Fwd: date stamped objections Final Accounting~Obstruction of * * t:
Justice
To Roselyn Lewis
Kokomo
Account#33-6130-02
Fraud upon the "court" by deiter
Liability for Recovery
John and Betsy Nottingham
----- Message from enn7@webtv.net on Tue, 15 Mar 2005 13:45:18 -0500
-----
******To: gberesfo@indygov.org, lee.slade@nationalcity.com,
*******azapata@courts.state.in.us, Nicole.Allen@nasd.com
***cc: enn7@webtv.net, jjnn77@msn.com, jon16648@yahoo.com
**Subje Fwd: date stamped objections Final Accounting~Obstruction of
* ct: Justice
TO COURT~100%,200%1000%~
PROOF OF CRIMINAL OBSTRUCION OF JUSTICE~ THIS ELECTRONIC MESSAGE HAS THE
FILED FORMAL OBJECTIONS NOT HEARD ~UNCONSTITUTIONAL ` ----- Message from
oliver7@webtv.net on Mon, 14 Mar 2005 22:20:34 -0500
-----
*******To: enn7@webtv.net
*Subject: Fwd: date stamped objections Final Accounting~Obstruction of
**********Justice
----- Message from oliver7@webtv.net on Mon, 14 Mar 2005 19:42:40 -0500
-----
********To: gberesfo@indygov.org, Nicole.Allen@nasd.com
****cc: enn7@webtv.net, jjnn77@msn.com, oliver7@webtv.net,
********jon16648@yahoo.com, evv7@webtv.net **Subjec
date stamped objections Final Accounting~Obstruction of Justice
**********t:
To Clerk of Court
Attorney General
Grace Beresford
Sarah Taylor
Judicial Review
Relevant Parties
GRACE BERESFORD FILED OUR FORMAL OBJECTIONS~ THERE HAVE BEEN SENT IN
OVER 2,000 TIMES IN PETITIONS NOT HEARD~53.3, 53.2, 53.1
THIS IS A UNETHICAL AND CORRUPT AND BELOW IS 200%OR 110% PROOF GROUNDS
FOR IMPEACHMENT VOID AND NULLITY OF ALL HIS RULINGS WE HAVE SENT ALL OF
THIS IN HUNDREDS OF TIMES THE FILED FORMAL OBJECTIONS WERE SENT IN FROM
ONE TO JUDGE DEITER
DEMAND TO VOID AND NULLITY OF HIS UNCONSTITUTION "ORDERS" HE MUST BE ON
THE TAKE SO TO SPEAK
**FILED FORMAL OBJECTIONS ~
SENT IN BY THE UNITED STATES POST OFFICE REGISTERED MAIL WE HAVE ALL THE
RECEIPTS, ALL THE EMAILS EVER SENT. AND FROM DAY ONE THE BREACHES WERE
SENT TO THE PROBATE COURT ~BUT THIS JUDGE DEITER IN HIS OBVIOUS
CORRUPTION, DID NOT HEAR THEM
HEAR THEY ARE AS SENT IN~THEY SHOULD BE IN THE PROBATE RECORD WE NOW
DEMAND TO BE KEPT FOR 6 YEARS AS THIS IS A BREACH OF CONTRACT ALSO
FRAUDULENT TRANSFER~UNCONSTITUTIONAL
FILED FORMAL OBJECTIONS OF THE BREACHES OF FIDUCIARY WERE ALSO FILED
BEFORE DEC 17, 2002~WE LIVE IN PA. AND WERE IN A ICE STORM AAA RECORD NO
BENEFICIARY HAS BEEN TO INDIANA
BUT OUR HEALTH AND LIVES HAVE BEEN RUINED BY THIS UNCONSTITUTIONAL JUDGE
DEITER~
John Nottingham
----- Message from evv7@webtv.net on Mon, 7 Mar 2005 22:02:03 -0500
-----
*********To: evv7@webtv.net, jon16648@yahoo.com,
jjnn77@msn.com
*******cc: oliver7@webtv.net, jon16648@yahoo.com,
jjnn77@msn.com
**Subject: date stamped objections Final Accounting ----- Message
from evn7@webtv.net on Sun, 23 Mar 2003 19:32:56 -0500 (EST)
-----
*********************To:
gberesfo@indygov.org
*************cc: evv7@webtv.net,
evn7@webtv.net
********Subject: Fwd: a2,Print Final Accounting Grace
Beresford,
Clerk of the Marion Circuit Court,
We wish to have an email record for possible future appeals and lawsuits
of Objections to the "Final Accounting". This First Objections to the
Final Accounting has already been filed .We just need it for our
records.
No need to print it,etc
Thank you,
John Nottingham
----- Message from jnn7@webtv.net on Wed, 12 Mar 2003 19:39:42 -0500
(EST)
-----
*****************************To:
jnn7@webtv.net
*****************cc: evn7@webtv.net
************Subject: a2,Print Final Accounting
STATE OF INDIANA * ) IN THE MARION****COUNTY COUNTY OF MARION)
SUPERIOR COURT
SS: PROBATE
DIVISION
************************************************** **************************
IN THE MATTER OF THE * )
WILLIAM P. NOTTINGHAM)
TRUST f/b/o JOHN OLIVER)
NOTTINGHAM * * * * * * * * * * )
PETITIONS ON TRUST ISSUES
Comes now to file, as Beneficiaries
Honorable Court,
Trust Docket: 49D080209-TR-002250
Relevant Parties
Judicial Review Commission
Attention: Judge Charles J. Deiter
MARCH 12, 2003
~FIRST
~OBJECTIONS TO FINAL ACCOUNTING
~~~~~~~~~~~~~~~~~~~~~~~~
~OBJECTIONS TO EXCESSIVE FEES
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~OBJECTIONS TO LOSSES BY NATIONAL CITY BANK OF THE TRUST PRINCIPAL
THROUGH BREACHES OF FIDUCIARY
DUTY
~SOLE PURPOSE OF NATIONAL CITY TRUST TO DEFRAUD BENEFICIARIES, RESIGN
AND LEAVE L0SSES IN TRUST AND UNRESOLVED ISSUES ~ALL LAWYERS FEES TO BE
PAID BY NATIONAL CITY BANK AS PER BREACHES OF FIDUCIARY DUTY NOTED AS
PER CODES ****Numbers on Accounting do not have crucial starting
numbers
as REPORTED ON INDIANA INHERITANCE TAX FORM IH-6 JUNE 4,2002 ~John
Nottingham's part was $279,602
~Value of William P. Nottingham estate was $690,129 ~These crucial
starting numbers are NOT on any of the Accounting as Requested by
beneficiaries. Breach of Fiduciary Duty in this matter. All requests and
questions ABOUT and CONCERNING ACCOUNT have NEVER BEEN ANSWERED BY
"TRUSTEES" AS PER PROBATE CODE "TRUSTEES'' PETITONED TO RESIGN WITHOUT
ONE WORD TO BENEFICIARIES. ~BREACH OF FIDUCIARY DUTY OF LOYALTY- REQUEST
RECOVERY OF ALL FEES COSTS, DAMAGES FROM THESE BREACHES OF FIDUCIARY
DUTY
Pursuant IC 30-4-3-11(a)(4)
Sec. 11 Liability of the Trustee to the Beneficiary. Fees Charged to
National City bank as per damages from Breaches of Fiduciary Duty as
stated here and in the Trust Docket; Breach of Duty of Loyalty,
Unsuitability of Inappropriate Brokerage Account. Failure to Provide
Requested Accounting, Failure to Supervise Kevin Dubbink,portfolio
manager we never heard from ,not one word. Failure to answer questions
about account. Failure to preserve Trust Principal as per Codes IC
30-4-3-6(3) "PRESERVE THE TRUST PROPERTY". THE TRUSTEES DID NOT FOLLOW
OR ADMINISTER THE TRUST ACCORDING TO THE INDIANA UNIFORM INVESTOR ACT IC
30-4-3.5
Negligence, Misrepresentation. Illegal "churning of account " to
generate fees , a lot of transactions each month but no money made..
Fees charged to National City bank for these breachs "reasonable
attorney's fees incurred by the beneficiary in bringing an action on the
breach" **A Counter suit for them to resign was also filed to the
court Oct.
of
2002.
THE TRUSTEES DID NOT FOLLOW IC 30-4-3 CHAPTER 3. RULES GOVERNING THE
RIGHTS, POWERS, DUTIES, LIABILITIES ,AND REMEDIES OF THE PARTIES TO A
TRUST
~~~~~~~~
REQUEST COURT DOCKET BE KEPT
~~~~~~~~~~~~~
$35,000. Executor Fees are Excessive and should be reduced. request per
hour documentation and all papers and documents that they dealt with.
Request per hour documentation and all papers relating to the estate as
per discovery laws, disclosure laws.
~ACCOUNTING HAS ERRORS AND OMISSIONS.
~VIOLATES IC 30-4-5-12, IC 30-4-5-13
~~~~~~~~~~~~~~~~~~~~~~~~
Rules Governing the Administration of a Trust Chapter 5, Accounting by
Trustees
Does Not Fulfill Requirements of IC 30-4-5-12 and IC 30-4-5-13~ IC
30-4-5-13(6)
~6. a statement that the trust has been administered according to its
terms
~That is A STATEMENT THE TRUST HAS BEEN ADMINISTERED ACCORDING TO ITS
TERMS. NONE IS PROVIDED AS PER ALL THE BREACHES OF FIDUCIARY DUTY BY THE
TRUSTEES THAT WERE OWED TO THE BENEFICIARY
~~~~~~~~~~
No Annual Accounting was Provided or Delivered to the beneficiaries
after numerous requests by ALL BENEFICIARIES TO TRUSTEES ,John
Nottingham, Bill Nottingham and Dorothy Nottingham to Lee Slade, and All
trustees. No Accounting Delivered upon request in a timely manner from
JULY 15, 2002 until DEC. of 2002. Partial Intermin Accounting was
inadequate, errors and omissions. this Noted as Breach of Fiduciary Duty
Owed to the Beneficiary
~ NO FULL DISCLOSURE OF ALL INVESTMENT COSTS, ~"ILLEGAL "CHURNING " AND
ABUSE OF ACCOUNT NOTED . A lot of Transactions were made each month ,
but no money made. This to generate feees charged to beneficiaries.
Request Recovery of All Losses and Removal of Fees. ~MOTION FOR FAIR
HEARING OF ALL ACCOUNTING ISSUES AND UNRESOLVED ACCOUNTING ISSUES
~REQUEST FULL DISCLOSURE OF ALL INVESTMENTS COSTS AS PER SECURITIES
LAWS,NYSE, NASD,STATE AND FEDERAL LAWS VIOLATED
~~~~~~~~~~~~~~~~~~
~Sole purpose of National City to defraud beneficiaries and resign
leaving losses and issues. **~~~~~~~~~~~ Unfair Treatment of
Beneficiaries
UNCONSTITUTIONAL TREATMENT OF BENEFICIARIES Violations OF; Code of
Judicial Conduct
Violations of Rules To Be Fair and Impartial by Indiana Commission on
Judicial Qualifications
~~~~~~~~~~~~~
~Denial of Due Process of Law
~No Discovery for Beneficiaries at all.
~Probate Rule 311.2 " all orders for fees in estates shall provide that
said fees to be paid only after approval of Final Accounting"~~
~ No Final Accounting has been Delivered to Beneficiaries as of March
12, 2003.
~No Hearing of Objections to Interim Accounting filed as a "Partial
Accounting" July17.2001 through September 30,2002 * *~No
postponement to get a lawyer to be present at the hearing to Represent
the Trust was given. No Postponement to go over accounting by our CPA
was given as the "Partial Interim Accounting" was never delivered at all
by National City Bank to the beneficiaries. Delay tactic used by Pete
Donahoe of not filing in a timely fashion any accounting to
beneficiaries.
~All requests for Discovery by Beneficiaries to National City Bank were
blocked and Obstruction of Justice allowed. ~This by lawyer Pete Donahoe
and his law firm Which Were The Personal Representatives of William P.
Nottingham and as such there is a blatant Conflict of Interest in this
law firm being used against the beneficiaries in this matter, As well as
them being the only ones who knew about these matters.
~ Hearing was held without even a telephone call to beneficiaries, which
could have been our appearance; on a day and time where travel was made
impossible by snow and ice on roads from Central Pennsylvania to
Indianapolis for hearing. All motions were left unanswered by Judge
Deiter which is against laws. Requests for funds to hire a lawyer or
compel 6.2 additional funds for a lawyer were ignored and not compelled
by court as per motion and petition.
~A request for a New Judge and Good Cause was Entered on Nov.29,2002.and
ignored by court and given no reply.
~~~~~~~~~~~~~~
~~~~~~~~~~~~~~
Indiana Rules of Court
CODE OF JUDICIAL CONDUCT
Canon 3 A Judge Shall Perform the Duties of Judicial Office Impartially
and Diligently.
~A Major concern in this case is that this Judge has had a long time
Relationship with National City Bank, has personal friends at National
City Bank and close ties to National City Bank. Examples found include
Susan Krohn of National City Bank Trust Company on the internet.~**A
thorough investigation of Judge Charles J Deiter and his relationships
with National City Bank is requested. ~Bias and Prejudice to National
City Bank was repeatedly noted to and objected to in motions and
Petitions.
~Precedent Associations of Judge Chares J Deiter Include the " Guarding
the Guardians" case of National City Bank and its mismanagement of the
"Lilly" Account
~Noted is "Ruth Lily's attorney ,Tom Ewbank, personally gave donations
to Judge Charles Deiter who oversees Lilly's case" . as reported by
Eyewitness News and available on the Internet. Apparently Judge Deiter
has too many ties and personal relationships with National City Bank and
has done so much activity with National City Bank that he is not not
fair and impartial in Judicial matters.
Eyewitness News writes that Judge Deiter who oversees these matters has
never seen Ruth Lilly; this Judge has never seen the Beneficiaries in
this matter either.
Run a Search on Judge Charles J Deiter on the Internet on any search
engine and you quickly get National City Bank on your search. We present
now Matters that Reflect Adversely the Judge Impartially. We state that
this has injured our legal rights in this case. At this time we can even
get the Final Accounting from National City Bank to give to our CPA to
go over.
There has been no Justice in this case whatsoever." No matter how flat
the pancake there are still two sides to it" ~PETITION TO VOID OR REHEAR
ALL ACCOUNTING ISSUES MOTION FOR FAIR HEARING
~~~~~~~
~OPPOSE THIS ATTEMPT NOT TO BE FAIR OR IMPARTIAL.... NOTICE OF INJURED
LEGAL RIGHTS, **~VIOLATIONS OF RULES TO BE FAIR AND IMPARTIAL BY
JUDICIAL QUALIFICATIONS COMMISSION
IC 33-5.1-2-25
IC 33-2.1-5-6
~~~~~~~~
Matters that Reflect Adversely on the Judge's Impartially as Presented
to the Court Enclosed
~~~~~~~~~~
~REQUEST APPEAL FROM ANY JUDGEMENTS OF ILLEGAL HEARING IN WHICH THE
BENEFICIARIES WERE UNABLE TO BE PRESENT AND NOT REPRESENTED AT HEARING
IC 33-5.1-2-17
OBJECTIONS TO INTERIM ACCOUNTING WERE NOT HEARD OR CONSIDERED
~~~~~~~~~
~ BREACHES OF FIDUCIARY DUTY PURSUANT IC 30-4-3-11 PURSUANT IC 30-4-3-22
~NOTICE TO REMOVE A TRUSTEE NATIONAL CITY FOR CAUSE, PURSUANT IC
30-4-3-22(4) as per hearing Dec17,2002, ~ATTORNEY FEES TO BE CHARGED TO
NATIONAL CITY AS PER BREACHES WHICH BROUGHT ON RESIGNATION and
COUNTERSUIT, Petition to remove a trustee for CAUSE filed OCT 6 2002,
Oct 7 2002 in Trust Docket.
~DAMAGES SOUGHT AND TO BE DETERMINED**IC 30-4-3-11 NOTICE TO REMOVE
A TRUSTEE FOR CAUSE UPON BREACHES OF FIDUCIARY DUTY AND NOT FOLLOWING
INTENT OF WILL
~REQUEST DAMAGES FROM MISUSE OF PRINCIPAL IN INTERIM ~All Losses on
monthly statement from December 2002, until January 16,2003 funds sent
to First National several thousands, to be charged to National City
bank, it takes less than a minute to sell stocks by any broker or online
broker, such as Etrade, could have been done Dec 17,2002 as per court
order to resign
~BREACH OF FIDUCIARY DUTY OF LOYALTY OWED TO THE BENEFICIARY ~BREACH OF
FIDUCIARY DUTY
PETITION FOR DAMAGES FROM UNSUITABLE AND INAPPROPRIATE BROKERAGE ACCOUNT
IC 30-4-3-11 BREACH OF FIDUCIARY DUTY
~PETITION TO OVERHAUL TRUST ACCOUNT TO REFLECT PRESENT SITUATION IC
30-4-3-25
~PETITION FOR ATTORNEY'S FEES, COURT COSTS INCURRED BY THE BENEFICIARY
IN BRINGING ALL ACTIONS AGAINST THIS TRUST IC 30-4-3-11 ~RECOVERY OF
ATTORNEY'S FEES PUT ONTO MONTHLY STATEMENT AND CHARGED TO THE TRUST BY
LAWYER,
~CONFLCIT OF INTEREST present in using Lawyer and Law Lirm who was hired
by WPN, LAW FIRM WAS THE LAW FIRM W.P.Nottingham, the Settlor, person
who set up the trust fund, always used, and were His Personal
Representatives as Stated In the Will, and now used against the
beneficiary in this matter. Not the intent of the will or settlor. ~ALL
COSTS OF COUNTERSUITS BASED ON BREACHES IC 30-4-3-11 ATTORNEY'S FEES IN
THIS RESIGNATION MATTER IC 30-4-3-11 SECTION11 LIABILITY OF THE TRUSTEE
TO THE BENEFICIARY(a)(4)reasonable attorney's fees incurred by the
beneficiary in bringing an action on the breach ~PETITION TO REMOVE
EXECUTOR FEE OF $35,000 AND RESTORE TO THE TRUST UPON RESIGNATION ,
REDUCE TO $1,500
~REQUEST DOCUMENTED PER HOUR WORK SHEET FROM LAWYER ON ALL FEES, AND ALL
LAWYER FEES CHARGED TO NATIONAL CITY AS PROVIDIED BY THE PROBATE CODE
~PETITION and MOTION TO REMOVE EXCESSIVE ATTORNEY FEE OF $25,000
~REQUEST DOCUMENTED PER HOUR WORK SHEET ON THIS FEE TO BE REDUCED TO
$2,250 FOR THE FLAWED AND UNSUCCESSFUL TRUST FORM THIS LAWYER WAS THE
PERSONAL REPRESENTAVIE OF THE SETTLOR AND THIS LAWYER PETE DONAHE AND
HIS LAW FIRM HAVE A CONFLICT OF INTEREST IN THIS MATTER
~~~~~~~~~~~~~~~~~~~~~~~~
~PETITION FOR DAMAGES; FROM BREACHES OF FIDUCIARY DUTY UNSUITABILITY OF
INAPPROPRIATE BROKERAGE ACCOUNT LOSS AND MISUSE OF PRINCIPAL ~PETITION
TO DENY ALL COMPENSATION TO TRUSTEE FROM BREACHES OF TRUST PURSUANT IC
30-4-5-17
Compensation if Trustee breaches Trust IC 30-4-5-17 TRUSTEE'S SERVICES
WERE OF NO VALUE TO THE TRUST ESTATE, Loss resulted all monthly fees
since March of trust 2002, and when losses began or from onset of trust
Sept. 2001 when the breach of Suitability started. IC 30-4-3-11(b)(1)
"any loss or depreciation in the value of the trust property as a result
of the breach", Unsuitability of the Inappropriate Brokerage Account,
~Federal and State Securities Laws
~FRAUD~
"Churning" of account each month to generate fees , a lot of
transactions, but no money being made ,just lost.... ~NEGLIGENCE
~Malpractice~NO DISCOVERY
~~Violations of NASD AND STOCK EXCHANGE ~RULES~"KNOW YOUR CLIENT RULE"
UNSUITABILITY OF INAPPROPRIATE BROKERAGE ACCOUNT ~Failure to
Supervise,e.g. Kevin Dubbink pursuant IC 30-4-3-11(d)(4) ~ACCOUNTING
ISSUES~
~Wherefore and Respectfully to the Court, John Nottingham
STATE OF INDIANA * ) IN THE HOWARD
COUNTY
**SS: PROBATE DIVISION
*************************************IN
THE MATTER
OF THE * * * * * * * * * * * )
WILLIAM P. NOTTINGHAM)
TRUST f/b/o JOHN OLIVER
NOTTINGHAM * * * * * * * * * )
FROM MARION COUNTY SUPERIOR COURT
SS:PROBATE DIVISION
Trust Docket: 49D080209-TR-002250
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
PETITION TO AMEND &/OR TERMINATE
FROM
""""""""""""""""""""""""""""""""""""""""""""""
PURSUANT TO:
IC 30-4--3-24 POWER TO TERMINATE A TRUST IC 30-4-3-25~RECISSION AND
REFORMATION
IC 30-4-3-29
IC 30-4-3-11 LIABILITY OF THE TRUSTEE TO THE BENEFICIARY IC 30-4-3-22 IC
30-4-3-29
""""""""""""""""""""""""""""""""""""""""""""""
ALSO&/OR/PETITION TO VOID
&/OR TO TERMINATE
Pursuant to IC 30-4-3-24~POWER TO
""""""""""""""""""""""""""""""""""""""""""""""
TERMINATE A TRUST PETITION OF NULLITY FRAUD UPON THE COURT FILED FORMAL
OBJECTIONS NOT HEARD
FILING FEES of $131 by Check Enclosed
CERTIFICATE OF SERVICE ENCLOSED
BREACHES OF FIDUCIARY NOT HEARD>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
UNSUITABILITY OF INAPPROPRIATE BROKERAGE ACCOUNT NOT HEARD NEGLIGENCE OF
TRUSTEES NOT HEARD
MISREPRESENTATION NOT HEARD
IC 30-4-3-25~RECISSION AND REFORMATION
IC 30-4-3-29
IC 30-4-3-11 LIABILITY OF THE TRUSTEE TO THE BENEFICIARY IC 30-4-3-22 IC
30-4-3-29 RESIGNATION WAS UNCONSTITUTIONAL NOT ALLOWED IF DETRIMENTAL TO
THE TRUST ~NATIONAL CITY BANK LOST THOUSANDS ALL CO-BENEFICIARIES
ACCOUNTS
NO WISH TO RETURN TO THE THOUSANDS OF DOLLARS LOST BY NATIONAL CITY BANK
TRUSTEES, LEE SLADE AND KEVIN DUBBINK. BUT WE DO PETITION TO
**""""""""""""""""""""""""""""""""""""""""""""
TERMINATE OR AMEND THE TRUST AS IT HAS RUINED THE HEALTH AND DAMAGED THE
HEALTH OF ALL THE CO-BENEFICIARIES AND DOROTHY NOTTINGHAM, AGE 94. ELDER
ABUSE NOTED AND NEGATIVE EFFECTS TO HER HEALTH, POSSIBLE WRONGFUL DEATH
SUIT IN THE FUTURE AGAINST NATIONAL CITY BANK. DAMAGES INFLICTION,
TORTS, RECOVERY, ACTUAL COMPENSATORY, PUNITIVE, DAMAGE FROM BREACH OF
CONTRACT AND BREACH OF FIDUCIARY DUTY OF LOYALTY. PERJURY IN TRANSCRIPT
OF DEC. 17. 2002 AND UNCONSTITUTIONAL NO TRANSCRIPT OF RECORD FOR ANY
OTHER "HEARING" UNCONSTITUTIONAL
NULLITY AND VOID
""""""""""""""""""""""""""""""""""""""""""""""
NO BENEFICIARY HAS BEEN TO INDIANA
""""""""""""""""""""""""""""""""""""""""""""""
BENEFICIARIES ARE VICTIMS
OF HARDSHIP JURISDICTION
UNABLE TO TRAVEL TO INDIANA
""""""""""""""""""""""""""""""""""""""""""""""
MISREPRESENTATION AND PERJURY
BY LEE SLADE~she didn't read one email while beneficiaries were snowed
in Pa.~Hardship if Any Jurisdiction and of course Judge Deiter didn't
mention Violations of the Will 6.2, Health, Unsuitability, Breach of
Fiduciary, Negligence others.. Misrepresentation>>>>>>
""""""""""""""""""""""""""""""""""""""""""""""
TERMINATE THE TRUST AS IT HAS RUINED THE HEALTH AND DAMAGED THE HEALTH
OF ALL THE CO-BENEFICIARIES AND DOROTHY NOTTINGHAM, AGE 94. ELDER ABUSE
NOTED AND NEGATIVE EFFECTS TO HER HEALTH, POSSIBLE WRONGFUL DEATH SUIT
IN THE FUTURE AGAINST NATIONAL CITY BANK. DAMAGES INFLICTION, TORTS,
RECOVERY, ACTUAL COMPENSATORY, PUNITIVE, DAMAGE FROM BREACH OF CONTRACT
AND BREACH OF FIDUCIARY DUTY OF LOYALTY.
PERJURY IN TRANSCRIPT BY LEE SLADE~she didn't read one email while
beneficiaries were snowed in Pa.~Hardship if Any Jurisdiction and of
course Judge Deiter didn't mention Violations of the Will 6.2, Health,
Unsuitability,
Breach of Fiduciary, Negligence others.. Misrepresentation>>>>>>
WHEREFORE AND RESPECTFULLY,
~
John Nottingham
"""""""""""""""""""""""
FROM
"""""""""""""""
FILED TO PROBATE COURT/NO HEARING/UNCONSTITUTIONAL STATE OF INDIANA *
IN THE MARION
COUNTY
COUNTY OF MARION) SUPERIOR COURT
SS: PROBATE DIVISION
*************************************IN
THE MATTER
OF THE * * * * * * * * * * * )
WILLIAM P. NOTTINGHAM)
TRUST f/b/o JOHN OLIVER
NOTTINGHAM * * * * * * * * * )
Trust Docket: 49D080209-TR-002250
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
PETITION TO HEAR
1.VIOLATION OF 6.2 PROVISION OF WILL
2.BREACHES OF FIDUCIARY DUTY OWED
TO BENEFICIARIES
3.RECOVERY OF LAWYERS FEES, DAMAGES PURSUANT INDIANA CODE IC 30-4-3-11
LIABILITY OF THE TRUSTEE TO THE BENEFICIARY IC
30-4-3-11(4)............ALL OF SECTION 11 INDIANA CODE ENCLOSED DUTIES
OF THE TRUSTEE
IC 30-4-3-6
SEC. 6 (a)
NUMEROUS VIOLATIONS OF SECTION 6.2
AS FILED AND STATED IN FILED FORMAL OBJECTIONS NOT EVEN HEARD BY JUDGE
DEITER ~VIOLATIONS OF CONSTITUTION~
PROVISION OF WILL FOR HEALTH, PRESCRIPTION DRUGS, DENTAL TREATMENT,
MAINTENANCE, ALL OF SECTION 6.2 OF WILL, REQUESTS IN WRITING, LETTERS,
E-MAILS, FAXES REQUESTS FROM DOCTORS, LASER DENTIST, ALL OF THESE
VIOLATIONS ARE BREACHES OF FIDUCIARY DUTY AND GIVE US ALL LAWYERS FEES
IN THIS MATTER PURSUANT TRUST CODE IC 30-4-3-11(4} SECTION 11.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
STATE OF INDIANA * ) IN THE MARION
COUNTY
COUNTY OF MARION) SUPERIOR COURT
SS: PROBATE DIVISION
*************************************IN
THE MATTER
OF THE * * * * * * * * * * * )
WILLIAM P. NOTTINGHAM)
TRUST f/b/o JOHN OLIVER
NOTTINGHAM * * * * * * * * * )
Trust Docket: 49D080209-TR-002250
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
PETITION ON ISSUES
~
TO HEAR.. PETITION ~FRAUDULENT TRANSFER OF DAMAGED TRUST FUND~ ~PETITION
TO HEAR ISSUES
~PETITION ON VIOLATIONS OF THE CONSTITUTION OF THE UNITED STATES
~
BENEFICIARIES OF TRUST FUND..JOHN NOTTINGHAM~PLAINTIFF VS.~ LEE SLADE
AND KEVIN DUBBINK TRUSTEES OF NATIONAL CITY BANK ~DEFENDANT
~
UNCONSTITUTIONAL HEARINGS...
~
1.UNCONSTITUTIONAL AND UNETHICAL TREATMENT OF CASE VIOLATIONS OF THE
CONSTITUTION OF THE STATE OF INDIANA~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
FILED FORMAL OBJECTIONS NOT HEARD~UNCONSTITUTIONAL
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2.DENIAL OF ACCESS TO THE COURTS
~
3.DENIAL OF DUE PROCESS OF LAW
~
4.DEPRIVED OF PROPERTY, MONEY TAKEN FROM TRUST ACCOUNT, FLEECING OF
TRUST ACCOUNT.. AGAINST THE 14TH AMENDMENT WITHOUT DUE PROCESS OF LAW..
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
FILED FORMAL OBJECTIONS NOT HEARD.. UNCONSTITUTIONAL..
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
IC 30-4-3-11..LIABILITY OF THE TRUSTEE TO THE BENEFICIARY......
~
UNSUITABILITY, MISEPRESENTATION, NEGLIGENCE, BREACH OF FIDUCIARY BY
NATIONAL CITY BANK TRUSTEES..
~
DOCUMENT TITLE:~CASE SUMMARY
~NUMBERED.~
~~~~~~~~~~~~~~~~~~~~~~~~~*********************
COMPLAINT OF FRAUD IN THE HISTORY LIST....MISREPRESENTATON.. ERRORS AND
OMISSIONS........INTENTIONAL, DELIBERATE AND IN VIOLATION OF INDIANA
CODE AND CANONS OF JUDICIAL CONDUCT, 3E, AND 2, POLITICAL MONEY ACCEPTED
FROM AND VIA RUTH LILLY
TRUST CASE ANOTHER MISMANAGEMENT BY NATIONAL CITY BANK
~~~~~
JUDGE DEITER'S INVOLVEMENT WITH NATIONAL CITY BANK AND IT'S
MISMANAGEMENT OF TRUST FUNDS......PRECEDENT CASES PRESENTED ~FAILURE TO
RECLUSE HIMSELF OR HEAR FORMAL FILED OBJECTIONS....
~
SEC AND NASD VIOLATIONS BY NATIONAL CITY BANK
~~~~~~~~
NOTICE OF APPEAL SENT INTO PROBATE COURT VIA REGISTERED MAIL NOT
FILED....INTENTIONAL AND DELIBERATE AFTER MOTIONS TO CORRECT , PETITION
FOR HEARING ON THIS ISSUE AND CONSPIRACY WITH APPEALS COURT TO
MISREPRESENT THIS AND ISSUE OF "COMPELLING " A TRANSCRIPT OF THE APRIL
4, 203 HEARING WHEN THERE IS NO TRANSCRIPT OF RECORD ...NO ONE CAN
COMPEL A TRANSCRIPT THAT DOES NOT EXISTS AND USED AS A EXCUSE TO DISMISS
APPEAL..PERJURY OBSTRUCTION OF JUSTICE AND VIOLATIONS OF JUDICIAL
CONDUCT TO BE 'FAIR AND IMPARTIAL"
FAILURE TO RECLUSE HIMSELF IN THIS MATTER AS WELL AS NOT FILING MOTIONS
TO CORRECT ERRORS OR HEARING CONFLICT BY LAW FIRN IN THIS MATTER.
~~~~
MISAPPROPRIATION OF FUNDS FROM TRUST FUND AGAINST 14TH
AMENDMENT~~~~~~~~~~~~~~~~~~~~~~~DOCUMENTS ENCLOSED AND ON FILE IN
PROBATE COURT.
~~
**MOTION TO VOID AND AMEND...
RECOVERY OF TRUST FUND PLUS DAMAGES...
~~~~~~~~~~~~~~~~
BREACHES OF FIDUCIARY DUTY~
ENCLOSED~
~~~~~~~
1.THOUSANDS LOST IN TRUST FUND AGAINST STATED WISHES OF BENEFICIARIES
~
BREACHES OF FIDUCIARY DUTY
~
1.~NO ACCOUNTING PROVIDED UPON NUMEROUS WRITTEN REQUESTS HAD TO WRITE
OCC, OFFICE OF THE COMPTROLLER OF CURRENCY TO GET ACCOUNTING.... THIS IS
A BREACH OF FIDUCIARY DUTY OWED TO THE BENEFICIARIES AND VIOLATION OF
TRUST LAWS
PURSUANT INDIANA LAW AND INDIANA UNIFORM PRUDENT INVESTOR ACT
~
2..BREACH OF FIDUCIARY DUTY OF LOYALTY..
~
3.BREACH OF CONTRACT TO SETTLOR...MALICIOUS PROSECUTION OF HIS FAMILY
FOR ASKING FOR CDs AFTER ALL THE LOSSES AND BEFORE~
~
4.UNSUITABILITY OF INAPPROPRIATE BROKERAGE ACCOUNT ~BREACH OF FIDUCIARY
DUTY AND AGAINST UNIFORM PRUDENT INVESTOR ACT~ ALL BREACHES AS
PRESENTED...
~
5.NON-COMPLIANCE WITH THE LAWS OF INDIANA DESTRUCTION OF TRUST ACCOUNT
BY MALICIOUS PROSECUTION BREACHES OF FIDUCIARY DUTY BY TRUSTEES as
presented ,~LEE SLADE , KEVIN DUBBINK OF NATIONAL CITY bank.
~~~~~~~~
**ANOTHER BREACH OF FIDUCIARY DUTY~PROOF OF "CHURNING" OF ACCOUNT TO
GENERATE FEES EACH MONTH, LOT OF TRANSACTION EACH MONTH BUT NO MONEY
MADE EXCEPT FOR NATIONAL CITY bank. THIS IS A BREACH OF FIDUCIARY DUTY
AS WELL
~~~*~
6.FALSE ASSERTIONS IN COURT ORDERS
,~ATTEMPTS JUST TO DISMISS APPEALS FOR,90 DAYS IN SEVERAL ORDERS WHOLLY
UNSUPPORTED BY THE HISTORY LIST AND RESPONSES THIS ON THE CORRECTLY
FILED NOTICE OF APPEAL FORM FROM IN.GOV, ACCESS INDIANA~FILED WITH THE
HELP OF THE CLERK OF THE APPEALS COURT, GLYNIS PIERCE, AND FILED IN BOTH
PROBATE AND APPEALS COURT AND FILED STAMPED SENT INTO BOTH COURTS
~
7.ALL MOTIONS TO CORRECT ERRORS IGNORED
~
8.CONFLICT OF INTEREST BY THE LAW FIRM USED IN THIS CASE AND MATTER, AS
FILED AND PRESENTED, NOT HEARD OR RULED ON, VIOLATION OF INDIANA CODE
**~
A CONFLICT OF INTEREST MUST BE RULED ON BEFORE HEARING~MOTION TO VOID
HEARING~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
9.TRUST FUND FLEECED BY PETE DONAHOE OF LAW FIRM THAT THE SETTLOR WOULD
HAVE FIRED FOR THIS MALICIOUS PROSECUTION OF HIS FAMILY AND DAMAGES TO
THE TRUST FUND~NOT THE INTENT OF THE WILL
~
10.REQUESTED NEW AND SPECIAL JUDGE ,NEW JUDGE BEFORE FIRST "HEARING"
AGAIN NO RESPONSE RULE 53.3 FAILURE TO RULE PRO SE BIAS AND
DISCRIMINATION ,
HARDSHIP OR ANYJURISDICTION QUESTIONED...BENEFICIARIES LIVE IN PA.UNABLE
TO TRAVEL TO INDIANA...IN SNOW, HEALTH ISSUES ..NO LAWYER TO REPRESENT
TRUST~
VIOLATIONS IN THIS MATTER AS PRESENTED
11.VIOLATIONS OF ALL PRO SE ETHICS AND MOTIONS ON PRO SE ETHICS BY
INDIANA COMMISSION OF JUDICIAL QUALIFICATIONS
~
12.MALICIOUS PROSECUTION
~
13.NON COMPLIANCE WITH RULE 40 FORMA PAUPERIS , NO REQUIRED WRITTEN
REASONS FOR DENIAL ~TOTAL INCOME ONLY $800 PER MONTH, NOTICE OF
ELIGIBILITY AND LACK OF ASSETS FILED
VIOLATIONS OF CANONS 3, 2 OF JUDICIAL MISCONDUCT~MOTION FOR RECUSAL
FILED, NOT FAIR OR IMPARTIAL, NOT EVEN HELPFUL IN ANY WAY PER PRO SE
ETHICS ~ 14. PURSUANT PRO SE MOTION OF INDIANA COMMISSION OF JUDICIAL
QUALIFICATIONS
~
15.NO LAWYER AS REQUESTED TO REPRESENT THE TRUST HARDSHIP JURISDICTION,
SNOWED IN IN PA. LIKE THIS YEAR, ON DAY OF "HEARING" NO POSSIBILITY OF
BEING PRESENT AT "HEARING" HELD WITHOUT THE BENEFICIARIES BEING PRESENT
OR REPRESENTED AS REQUESTED OR POSTPONEMENT AS REQUESTED IN WRITING AND
FILED.
~
16.FRAUDULENT TRANSFER, NO FORMAL FILED OBJECTIONS OF THE BENEFICIARIES
WERE HEARD
RECUSAL OF JUDGE REQUESTED FOR TAKING MONEY FROM HIS INVOLVEMENT WITH
NATIONAL CITY BANK AND THE RUTH LILLY CASE
~
17.FAILURE OF JUDGE TO REPLY TO OR RULE ON ANY OF MOTIONS OR PETITIONS
FROM BENEFICIARIES~RULE 53.3~
PROBATE CODES IGNORED, BREACHES OF CONTRACT OF TRUST FUND, BREACHES OF
FIDUCIARY DUTY AS PRESENTED
BREACH OF DUTY OF LOYALTY OF TRUSTEES TO BENEFICIARIES, NO REQUESTED
ACCOUNTING, NO AUDIT, NO STATEMENT THAT THE TRUST HAD BEEN ADMINISTERED
ACCORDING TO THE TERMS OF THE TRUST AS REQUIRED BY PROBATE CODE
~
18.DAMAGES AND DETRIMENTAL EFFECTS TO THE TRUST FROM RESIGNATION OF
TRUSTEE WITHOUT ONE WORD TO BENEFICIARIES FOR ONLY ASKING FOR
CERTIFICATES OF DEPOSIT
IC 30-4-3-29(b)
UNSUITABILITY OF THE INAPPROPRIATE BROKERAGE ACCOUNT. IC 30-4-3-11 IC
30-4-5-17
VIOLATION OF PROBATE CODES , VIOLATIONS OF INDIANA UNIFORM PRUDENT
INVESTOR ACT IC 30-4-3.5-25
Misrepresentations and Misconstructions of Probate Codes by Pete
Donahoe~words of codes changed and misquoted~legal malpractice.
**LOSSES IN ACCOUNT OF THOUSANDS,
LOSSES OF OVER $5000 IN TAX CONSEQUENCES OF RESIGNATION,
~
19.LIABILITY OF THE TRUSTEES FOR BREACHES OF FIDUCIARY DUTY ,
~~~~~~~~~~
2O.SEEKING RECOVERY OF FEES, LOSSES IN ACCOUNT, RESTORATION OF TRUST
ACCOUNT, DAMAGES TO BE DETERMINED
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1.OBSTRUCTION OF JUSTICE... . FAILURE TO FILE DOCUMENTS RECUSAL OF JUDGE
McKINNEY MOTIONED FOR AND COMPLAINT FILED FOR JUDICIAL REVIEW...FRAUD
AND CONSPIRACY WITH LOWER COURT IN HANDLING OF FORMA
PAUPERIS...VIOLATIONS OF RULE 40
2. BLOCKING DUE
PROCESS OF LAW
~
3. FRAUD AND MISREPESENTATON IN
COURT ORDERS NEVER EVEN SENT TO BENEFICIARIES..... NO DELIVERY AND JUDGE
McKINNEY WAS NOT EVEN THE JUDGE IN THIS CASE WHEN HE BACK DATED ORDERS
NEVER SENT ...JUDGE SARAH EVANS BARKER WAS..5/03/04.. CASE WAS REFILED
AS REQUESTED BY JUDGE BARKER JULY 19, 2004 WHICH IS AFTER THE FRAUDULENT
DATES BY JUDGE JUDGE McKINNEY AND IS PROOF HE NEVER SENT THEM AND HAS A
FRAUDULENT HISTORY LIST IN THIS MATTER....THIS ALSO LIED ABOUT...PERJURY
AND FRAUD IN THIS MATTER... IN COURT ORDERS OF JUDGE McKINNEY BACK DATED
AND NEVER SENT BUT PUT IN A FRAUDULENT HISTORY LIST OF CASE.......SENT
AS PERJURY, MISREPRESENTATION AND FRAUD TO 7TH CIRCUIT COURT OF
APPEALS....
~ ~~~~
4. BIAS, DISCRIMINATION AND DENIAL OF DUE PROCESS OF LAW....
~~~~~~~~~~~~~~~~~~~~~~~~~~~
6,VIOLATION OF OATH OF OFFICE
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
IMPROPER HANDLING OF FORMA PAUPERIS..RULE 40.INDIANA CODE~
~~~~~~~~
DID NOT COMPEL REQUIRED WRITTEN REASONS FOR DENIAL BY JUDGE DEITER IN
FORMA PAUPERIS AS NONE WERE IN COURT ORDER........
~~~~~~
CONSPIRACY IN THIS MATER TO DISMISS CASE AND NOT HEAR LIABILITY AND
MISMANAGEMENT OF A TRUST FUND BY NATIONAL CITY BANK ...
~~~~~~
RECUSAL FOR JUDGE DEITER MOTIONED FOR PURSUANT/VIA HIS TAKING MONEY FROM
HIS INVOLVEMENT WITH THE RUTH LILLY CASE...THE TRUST .
~~~~~~
ANOTHER CASE OF MISMANAGEMENT BY NATIONAL CITY BANK AS REPORTED BY
EYEWITNESS NEWS AND NOTED AS "TROUBLING" BY WATCHDOG ETHICS
GROUPS..AVAILABLE ON THE INTERNET AND FILES OF CASE
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CIVIL RIGHTS AND CONSTITUTIONAL RIGHTS VIOLATED
~
6..NOT FAITHFUL TO THE LAW
~
7..VIOLATIONS OF CANONS JUDICIAL CONDUCT...AND CANON 3E "TO BE FAIR AND
IMPARTIAL"
~
8.REQUEST JUDICIAL REVIEW..RECUSAL AND COMPLAINT FILED ..ENCLOSED..
~~~~~~~~~~~~~~~~~~~~
**COMPLAINT~
1.VIOLATIONS OF CONSTITUTIONAL AND CIVIL RIGHTS........
~
VIOLATIONS OF JUDICIAL CODE OF CONDUCT......LAW AND CANONS APPLIED,
CANON 3E.
VIOLATIONS OF QUALIFICATIONS COMISSIONS RULES OF CONDUCT AS WELL AS
VIOLATIONS OF ALL PRO SE ETHICS MOTIONS
~~~~~~~~~~~~~~~
**CONSTITUTIONAL RIGHTS TO DUE PROCESS OF LAW...VIOLATED
~
FILED FORMAL OBJECTIONS NOT HEARD
BY LOWER COURT AS OUR LEGAL RIGHT.
~
THERE IS NOTHING IN THE CONSTITUTIONAL OF THE UNITED STATES THAT GRANTS
IMMUNITY FROM DUE PROCESS OF LAW.
~~~~~~~~~~~~~~~~~~~~~~~
***********Constitution Supreme Clause
Article VI, Clause 2 of the Constitution (This Constitution, and the
Laws of the United States which shall be made in Pursuance thereof; . .
. . shall be the supreme Law of the Land; and the Judges in every
State shall be bound thereby, any Thing in the Constitution or Laws of
any state to the Contrary notwithstanding.)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ LIABILITY OF THE TRUSTEES PURSUANT
PROBATE CODES
~
**IMPROPER HANDLING OF AND DENIAL
OF FORMA PAUPERIS
LAW APPLIED~
UNCONSTITUTIONAL AND AGAINST INDIANA LAW TO NOT HEAR FILED FORMAL
OBJECTIONS~ BY JUDGE DEITER
~
ALSO PROVES BIAS IN THIS MATTER..
~
**A FRAUDULENT TRANSFER, IS A MATTER OF LAW
~
AS ARE THE PROBATE CODES,LIABILITY OF THE TRUSTEE TO THE BENEFICIARY
VIOLATIONS OF PROBATE CODES BY NATIONAL CITY BANK ..TRUSTEES DO HAVE
DUTIES
~ >>>>>>>>>>>>>>>>>>>>>
ILLEGAL TO HAVE NO TRANSCRIPT OF RECORD BY JUDGE DEITER AND TO ALSO LIE
ABOUT ALL OF THIS TO THE APPEALS COURT AS WELL AS NOT FILE THE NOTICE OF
APPEAL IN THE HISTORY LIST MAY 1,MAY2, 2004 SENT IN BY REGISTERED MAIL
...MANY MOTIONS ON THIS ISSUE FILED AND REGISTERED LETTERS TO THE COURT
REPORTER........
THERE WAS NO WAY TO COMPEL A TRANSCRIPT TO THE APPEALS COURT THAT DID
NOT EVEN EXIST..FRAUD UPON THE COURT BY JUDGE DEITER.........COMPAINT TO
VOID AND AMEND......
~ JUEGE DIETER HAS DELIBERATE ERRORS AND OMISSIONS IN THE HISTORY
LIST..FRADULENT HISTORY LIST...
~
*FOR A HEARING OF APRIL 4 2003
*THAT WAS NEVER
FAILURE TO FILE DOCUMENTS OR HEAR ISSUES OF CASE
~
VIOLATIONS OF CONSTITUTION
Law Applied and Laws and
Constitution Have Merit and Only~
~"""""""""""""""""""""""""""""""""""""""""""""
Constitutional Questions, Issues and Law Applied~Seeking Justice from
the Law applied~
A Judge Must be Faithful to the Law ~Canons of Judicial Conduct~ Motion
Constitutional Questions~
~
No Merit~Devoid of Merit~and in Violation of Indiana Law Applied and
Illegal Case, Malicious Prosecution by and Destruction of Trust Fund by
National City Bank
~
1.Whether it is Constitutional for a Judge to Not Rule on A Conflict of
Interest by a law firm before a hearing. A Ruling on a conflict of
Interest by a law firm must be made before any hearing Pursuant Indiana
Law where case was heard~hardship jurisdiction ~beneficiaries snowed
during hearing on Dec 17, and told not to drive even in Local
area~request for postponement was denied along with funds from trust for
a lawyer to Represent the Trust...all illegal by Judge Deiter and Motion
to void and for damages as presented to the trust to be determined.
trust Broken up tax losses and losses in the thousands by breaches of
fiduciary duty by trustees..
~
2.Whether is is Constitutional for a Judge to Disregard and be in Non
Compliance with State Rules of Evidence and Discovery
~
3 Whether it is Constitutional for a Judge. to let a lawyer who does not
represent the trust but National City Bank~and who has the estate
papers~to not comply with written requests for them to the beneficiaries
before a hearing,
~
4. Whether it is Constitutional and in compliance with the Canons , 2
and 3 of Judicial Conduct for a Judge to hear a case When he has already
taken money from his involvement with National City Bank via the Ruth
Lilly case.
Another case of mismanagement by National City Bank in the Ruth Lilly
case as reported by eyewitness news~filed under "Guarding the Guardians"
lycos search on internet.
~
5.Whether It is constitutional for a Judge to not file the Notice of
Appeal in the Official History, Chronology and conspire with the appeals
court to compel a transcript of a hearing~April 3 , 2003~ the does Not
Even Exists~and then get them to dismiss the Appeal for Not compelling a
Transcript that did not exists and after I talked to the court reporter
to get transcripts sent , filed motions to compel court records,
transcripts and Which I requested a hearing on the Issue of the
Transcripts~
~
6.Whether it is Constitutioanl to Deny Due Process of Law via Non
Compliance with Rule 40 Indiana Code and State Codes of forma pauperis
motions.
~
7. Whether It is Constitutional to make Rulings in Violation of the
Constitution of the United States and 14th Amendment. John Nottingham
~~~~~~~
No Case at all by National City Bank~beneficiaries had the right to ask
for CDs..non suit by bank who violated the will and the probate codes~
iindiana uniform prudent investor act~
~
***************Constitution Supreme Clause
Article VI, Clause 2 of the Constitution (This Constitution, and the
Laws of the United States which shall be made in Pursuance thereof; . .
. . shall be the supreme Law of the Land; and the Judges in every
State shall be bound thereby, any Thing in the Constitution or Laws of
any state to the Contrary notwithstanding.) **.1...~DENIAL OF DUE
DUE PROCESS OF LAW
2. NOT FOR MONEY DAMAGES AGAINST JUDGE DIETER ALTHOUGH MONEY DAMAGES
CAUSED....BY JUDGE DEITER IN NOT COMPELLING PROBATE CODES
~
**BUT IT ALSO SHOULD BE AS HE HAS TAKEN MONEY BEFORE FROM HIS
INVOLVEMENT FROM NATIONAL CITY BANK IN ANOTHER MISMANAGEMENT CASE
AGAINST NATIONAL CITY BANK IN THE RUTH LILLY CASE
**~
**IMPROPER HANDLING OF FORMA PAUPERIS
**NO REQUIRED WRITTEN REASONS FOR DENIAL......NON COMPLIANCE WITH
INDIANA CODE RULE 40 FORMA PAUPERIS AND BLOCKING RIGHT TO CONSTITUTIONAL
TREATMENT OF CASE~
~>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
CRIMINAL OBSTRUCTION OF JUSTICE AND FRAUD UPON THE COURT AS FILED IN
2.FAILURE TO HEAR CONSTITUTIONAL ISSUES AND OBSTRUCTION OF JUSTICE
FAILURE TO FILE DOCUMENTS AND MATTER IN JUDICIAL REVIEW
~
3. VIOLATIONS OF JUDICIAL CONDUCT CANON 3E, OTHERS MUST BE FAIR AND
IMPARTIAL
~
4. JUDGE DIETER IS REQUIRED AND MUST FAITHFUL TO THE LAW CANONS OF
JUDICIAL CONDUCT.....LAW APPLIED
~~~~~~~~~~~~~~~~~~~~~~~~~
DOCUMENT TITLE:~CASE SUMMARY
~NUMBERED.~
~~~~~~~~~~~~~~~~~~~~~~~~~*********************
COMPLAINT ~VIOLATIONS OF THE CONSTITUTION OF THE UNITED STATES
~
~
FILED FORMAL OBJECTIONS NOT HEARD IN PROBATE COURT...AS WELL AS THE LAW
FIRM HAVING A CONFLICT OF INTERST IN THIS MATTER...NOT RULED ON BY JUDGE
DEITER LAW APPLIED.
~
1.UNCONSTITUTIONAL AND UNETHICAL TREATMENT OF CASE VIOLATIONS OF THE
CONSTITUTION OF THE STATE OF INDIANA~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
FILED FORMAL OBJECTIONS NOT HEARD~UNCONSTITUTIONAL
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2.DENIAL OF ACCESS TO THE COURTS
~
3.DENIAL OF DUE PROCESS OF LAW
~
4.DEPRIVED OF PROPERTY, MONEY TAKEN FROM TRUST ACCOUNT, FLEECING OF
TRUST ACCOUNT.. AGAINST THE 14TH AMENDMENT WITHOUT DUE PROCESS OF LAW..
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
FILED FORMAL OBJECTIONS NOT HEARD.. UNCONSTITUTIONAL..
~~~~~~~~~~~~~~~~~~~~~~~DOCUMENTS ENCLOSED AND ON FILE IN PROBATE COURT.
~~
**MOTION TO VOID AND AMEND...
RECOVERY OF TRUST FUND PLUS DAMAGES...
~~~~~~~~~~~~~~~~
BREACHES OF FIDUCIARY DUTY~
ENCLOSED~
~~~~~~~
1.THOUSANDS LOST IN TRUST FUND AGAINST STATED WISHES OF BENEFICIARIES
1.~NO ACCOUNTING PROVIDED UPON NUMEROUS WRITTEN REQUESTS HAD TO WRITE
OCC, OFFICE OF THE COMPTROLLER OF CURRENCY TO GET ACCOUNTING.... THIS IS
A BREACH OF FIDUCIARY DUTY OWED TO THE BENEFICIARIES AND VIOLATION OF
TRUST LAWS
PURSUANT INDIANA LAW AND INDIANA UNIFORM PRUDENT INVESTOR ACT
~
2..BREACH OF FIDUCIARY DUTY OF LOYALTY.. 3.BREACH OF CONTRACT TO
SETTLOR...MALICIOUS PROSECUTION OF HIS FAMILY FOR ASKING FOR CDs AFTER
ALL THE LOSSES AND BEFORE~ 4.UNSUITABILITY OF INAPPROPRIATE BROKERAGE
ACCOUNT ~BREACH OF FIDUCIARY DUTY AND AGAINST UNIFORM PRUDENT INVESTOR
ACT~ ALL BREACHES AS PRESENTED...
~
5.NON-COMPLIANCE WITH THE LAWS OF INDIANA DESTRUCTION OF TRUST ACCOUNT
BY MALICIOUS PROSECUTION BREACHES OF FIDUCIARY DUTY BY TRUSTEES as
presented ,~LEE SLADE , KEVIN DUBBINK OF NATIONAL CITY bank.
~~~~~~~~
**ANOTHER BREACH OF FIDUCIARY DUTY~PROOF OF "CHURNING" OF ACCOUNT TO
GENERATE FEES EACH MONTH, LOT OF TRANSACTION EACH MONTH BUT NO MONEY
MADE EXCEPT FOR NATIONAL CITY bank. THIS IS A BREACH OF FIDUCIARY DUTY
AS WELL
~~~
~
6.FALSE ASSERTIONS IN COURT ORDERS
,~ATTEMPTS JUST TO DISMISS APPEALS FOR,90 DAYS IN SEVERAL ORDERS WHOLLY
UNSUPPORTED BY THE HISTORY LIST AND RESPONSES THIS ON THE CORRECTLY
FILED NOTICE OF APPEAL FORM FROM IN.GOV, ACCESS INDIANA~FILED WITH THE
HELP OF THE CLERK OF THE APPEALS COURT, GLYNIS PIERCE, AND FILED IN BOTH
PROBATE AND APPEALS COURT AND FILED STAMPED SENT INTO BOTH COURTS
~
7.ALL MOTIONS TO CORRECT ERRORS IGNORED
~
8.CONFLICT OF INTEREST BY THE LAW FIRM USED IN THIS CASE AND MATTER, AS
FILED AND PRESENTED, NOT HEARD OR RULED ON BY ANY JUDGE 53.3
~
A CONFLICT OF INTEREST MUST BE RULED ON BEFORE HEARING~MOTION TO VOID
HEARING~
~
9.TRUST FUND FLEECED BY PETE DONAHOE OF LAW FIRM THAT THE SETTLOR WOULD
HAVE FIRED FOR THIS MALICIOUS PROSECUTION OF HIS FAMILY AND DAMAGES TO
THE TRUST FUND~NOT THE INTENT OF THE WILL
~
10.REQUESTED SPECIAL JUDGE ,NEW JUDGE BEFORE FIRST "HEARING" AGAIN NO
RESPONSE RULE 53.3 FAILURE TO RULE
PRO SE BIAS AND DISCRIMINATION ,
~
11.VIOLATIONS OF ALL PRO SE ETHICS AND MOTIONS ON PRO SE ETHICS BY
INDIANA COMMISSION OF JUDICIAL QUALIFICATIONS
~
12.MALICIOUS PROSECUTION
~
13.NON COMPLIANCE WITH RULE 40 FORMA PAUPERIS , NO REQUIRED WRITTEN
REASONS FOR DENIAL ~TOTAL INCOME ONLY $800 PER MONTH, NOTICE OF
ELIGIBILITY AND LACK OF ASSETS FILED
VIOLATIONS OF CANONS 3, 2 OF JUDICIAL MISCONDUCT~MOTION FOR RECUSAL
FILED, NOT FAIR OR IMPARTIAL, NOT EVEN HELPFUL IN ANY WAY PER PRO SE
ETHICS ~ 14. PURSUANT PRO SE MOTION OF INDIANA COMMISSION OF JUDICIAL
QUALIFICATIONS
~
15.NO LAWYER AS REQUESTED TO REPRESENT THE TRUST HARDSHIP JURISDICTION,
SNOWED IN IN PA. LIKE THIS YEAR, ON DAY OF "HEARING" NO POSSIBILITY OF
BEING PRESENT AT "HEARING" HELD WITHOUT THE BENEFICIARIES BEING PRESENT
OR REPRESENTED AS REQUESTED OR POSTPONEMENT AS REQUESTED IN WRITING AND
FILED.
~
16.FRAUDULENT TRANSFER, NO FORMAL FILED OBJECTIONS OF THE BENEFICIARIES
WERE HEARD
RECUSAL OF JUDGE REQUESTED FOR TAKING MONEY FROM HIS INVOLVEMENT WITH
NATIONAL CITY BANK AND THE RUTH LILLY CASE
~
17.FAILURE OF JUDGE TO REPLY TO OR RULE ON ANY OF MOTIONS OR PETITIONS
FROM BENEFICIARIES~RULE 53.3~
PROBATE CODES IGNORED, BREACHES OF CONTRACT OF TRUST FUND, BREACHES OF
FIDUCIARY DUTY AS PRESENTED
BREACH OF DUTY OF LOYALTY OF TRUSTEES TO BENEFICIARIES, NO REQUESTED
ACCOUNTING, NO AUDIT, NO STATEMENT THAT THE TRUST HAD BEEN ADMINISTERED
ACCORDING TO THE TERMS OF THE TRUST AS REQUIRED BY PROBATE CODE
~
18.DAMAGES AND DETRIMENTAL EFFECTS TO THE TRUST FROM RESIGNATION OF
TRUSTEE WITHOUT ONE WORD TO BENEFICIARIES FOR ONLY ASKING FOR
CERTIFICATES OF DEPOSIT
IC 30-4-3-29(b)
UNSUITABILITY OF THE INAPPROPRIATE BROKERAGE ACCOUNT. IC 30-4-3-11 IC
30-4-5-17
VIOLATION OF PROBATE CODES , VIOLATIONS OF INDIANA UNIFORM PRUDENT
INVESTOR ACT IC 30-4-3.5-25
Misrepresentations and Misconstructions of Probate Codes by Pete
Donahoe~words of codes changed and misquoted~legal malpractice.
**LOSSES IN ACCOUNT OF THOUSANDS,
LOSSES OF OVER $5000 IN TAX CONSEQUENCES OF RESIGNATION,
~
19.LIABILITY OF THE TRUSTEES FOR BREACHES OF FIDUCIARY DUTY ,
~~~~~~~~~~
2O.SEEKING RECOVERY OF FEES, LOSSES IN ACCOUNT, RESTORATION OF TRUST
ACCOUNT, DAMAGES TO BE DETERMINED
~~~~~~~
John Nottingham
enn7@webtv.net Subject: UNCONSTITUTIONAL QUALIFICATIONS
COMMISSION~INDIANAPOLIS, INDIANA~
TO VICTORY
1:07pm To: ** mbabcock@courts.state.in.us, gberesfo@indygov.org Cc:
** enn7@webtv.net, jjnn77@msn.com Subject: ** Re: File Stamped
Objections~PROOF OF PERJURY/OBSTRUCTION
QUALIFICATIONS COMMISSION
"""""""""""""""
AS I TOLD YOU REPEATEDLY~
**I AM IN THE PROCESS OF SENDING YOU REGISTERED MAILINGS OF MY
CURRENT COMPLAINT AS IT NOW DEVELOPS
""""""""""""""""""""""""""
**BY UNITED STATES REGISTERED MAIL
"""""""""""""""""""""""""""""""""""""""""""
OF THE CRIMINAL OBSTRUCTION OF JUSTICE
"""""""""""""""""""""""""""""""""""
~ONE REGISTERED MAILING WITH A SASE WAS SENT FRIDAY~MARCH 25, 2005
""""""""""""""
YOU WILL BE GETTING MORE ADDENDUMS AND PROOF OF CRIMINAL OBSTRUCTION OF
JUSTICE~
WHAT YOU DO HAVE IS ENOUGH TO PROVE DENIAL OF FUNDAMENTAL CONSTITUTIONAL
RIGHTS
**DENIAL OF CONSTITUTIONAL RIGHTS OF DUE PROCESS AND GROUNDS FOR
IMPEACHMENT~
""""""""""""""""
YOUR FAILURE TO IMPEACH THIS CORRUPT JUDGE AFTER THE RUTH LILLY CASE AND
HIS MORAL TURPITUDE HAS BEEN SHOWN ON EYEWITNESS NEWS AND IS ON THE
INTERNET
""""""""""""""""
YOU REQUESTED THAT ALL THE EMAILS BE SENT IN AS WELL AS ALL THE FAXES IN
YOUR ATTEMPT AT OBSTRUCTION OF COMMUNICATION~
""""""""""""""""""""
YOU WILL NOT LIMIT OR FAIL TO FILE MY COMPLETE AND CURRENT COMPLAINT
WHICH IS ALSO BEING SENT TO THE ATTORNEY GENERAL AND WILL OF COURSE GO
THE SUPREME COURT OF THE UNITED STATES AS STATE SANCTIONED VIOLATIONS OF
THE CONSTITUTIONAL
"""""""""""""""""""""""""""""""""""""
AS A CONSTITUTIONALLY CREATED COMMISSION IT IS EXPECTED THAT YOU BE IN
COMPLIANCE WITH THE CONSTITUTION AND NOT IN VIOLATION OF IT
""""""""""""""""""""""""""""""""""""""""""""""
VIOLATIONS OF THE CONSTITUTION OF THE UNITED STATES THAT ARE STATE
SANCTIONED ARE IN VIOLATION OF YOUR OATH OF OFFICE AND IS CONSPIRACY TO
OBSTRUCT JUSTICE ON YOUR PART AND OF COURSE I WANT PROOF OF WHO VOTED
HOW AND
"""""""""""""""""""
THAT THERE WAS EVEN A HEARING~
NOT SOME GENERIC FORM LETTER WITH NO LAW APPLIED
""""""
YOU MUST SUPPORT BY LAW ALL THAT YOU DO
""""""""""""""""""""""""
MY RIGHT ~EVEN THE SUPREME COURT HAS TO SAY WHO VOTED HOW
""""""""""""""""""""""""""""""
ALL THIS IN THESE EMAILS IS THE SUBJECT OF ANOTHER COMPLAINT
""""""""""
MY CURRENT COMPLAINT IS IS THE PROCESS OF BEING SENT IN ~PERHAPS YOU
HAVE GOTTEN PART ONE SENT IN WITH A SASE AS PROOF BY REGISTERED U.S S
MAIL~YOUR BIAS IS AS NOTED IN THIS MATTER
""""""""""""
AS IN THE MARTHA STEWART CASE THESE EMAILS~WILL BE PRESENTED ~
"""""""""
ELECTRONIC MESSAGES CAN/ARE BEING PRINTED BY A PRINTER~AND FILED BY U.S
REGISTERED MAIL ~ TO THE QUALIFICATIONS COMMISSION WHICH HAS AN OATH OF
OFFICE THE CONSTITUTION OF THE UNITED STATES~IS THE LAW OF THE LAND
"""""""""
AS SWORN BY JOHN NOTTINGHAM
Subject: ** Re: File Stamped Objections~PROOF OF PERJURY/OBSTRUCTION
To: ** enn7@webtv.net Cc: ** enn7@webtv.net,
gberesfo@indygov.org, jjnn77@msn.com, jon16648@yahoo.com,
Nicole.Allen@nasd.com From: ** mbabcock@courts.state.in.us Date:
** Sat, Mar 26, 2005, 12:29pm X-MIMETrack: ** Serialize by
Router on webserver.secure.courts.state.in.us/incourts(Release
6.5.3FP1|December 15, 2004) at 03/26/2005 12:29:59 X-Brightmail: **
Message tested, results are inconclusive We have repeatedly advised you
that the Commission does not consider unsworn communications. We
currently have a sworn complaint pending. You will be advised when the
Commission has concluded its inquiry. * Thank you for your
cooperation.
**************************enn7@webtv.net
**************************03/26/2005
12:26 * * * * * * * * * * * * * * * *
* * * * * To
*************PM * * * * * * *
* * * * mbabcock@courts.state.in.us,
************************************************** ****************************gberesfo@indygov.org
************************************************** **********************cc
************************************************** ****************************Nicole.Allen@nasd.com,
***************************************enn7@webtv. net,
jjnn77@msn.com,
***************************************jon16648@ya hoo.com
************************************************** ************************************************** **********************************Subject
***************************************File
Stamped Objections~PROOF OF
***************************************PERJURY/OBSTRUCTION
ADDENDUM #5
BY CORRUPT~DEMENTED~CROOKED~
......SADISTIC..." JUDGE" ... DEITER
WHO OBVIOUSLY HAS MENTAL PROBLEMS....TAKES MONEY FROM HIS CASES OF
MISMANAGEMENT BY NATIONAL CITY BANK e.g.example.~RUTH LILLY
SCANDAL~CONSPIRACY WITH WHOEVER IN THIS MATTER~ATTEMPTS TO COVER
UP~FRAUD UPON THE COURT
""""""""""""""""""""""""""""""""""""""""""""""
ATTORNEY GENERAL
CLERK OF COURT
JUDICIAL REVIEW~FAILURE OF JUDICIAL REVIEW~
""""""""""""""""""""""""""""""""""""""""
FILED FORMAL OBJECTIONS NOT HEARD
UNCONSTITUTIONAL
VOID/NULLITY
""""""""""""""""""""""""""""""""""""
PROOF OF CRIMINAL OBSTRUCTION OF JUSTICE GROUNDS FOR IMPEACHMENT GROUNDS
FOR JAIL
IT IS NOT IN THE PUBLIC GOOD TO HAVE AN UNCONSTITUTIONAL COURT WITH A
LYING JUDGE ON THE TAKE WITH A FAKE HISTORY LIST AND A HIDDEN AGENDA OF
CORRUPTION
~
John Nottingham
----- Message from enn7@webtv.net on Thu, 24 Mar 2005 19:21:25 -0500
-----
*********To: mbabcock@courts.state.in.us
*******cc: enn7@webtv.net, jjnn77@msn.com,
jon16648@yahoo.com
**Subject: File Stamped Objections Final Accounting~Obstruction of
Justice
Qualifications Commission
sent in by UNITED STATES REGISTERED MAIL/SIGNED FORM~ALSO WITH/SASE
ENCLOSED~
"""""""""""""""
John Nottingham
----- Message from enn7@webtv.net on Tue, 15 Mar 2005 14:30:22 -0500
-----
*******To: gberesfo@indygov.org,
azapata@courts.state.in.us
******cc: enn7@webtv.net, jjnn77@msn.com, jon16648@yahoo.com
*Subject: Fwd: date stamped objections Final Accounting~Obstruction of
**********Justice
CLERK OF COURT
ATTORNEY GENERAL
JUDICIAL REVIEW
""""""""""""""""""""""""""""""""""""""""""""""
CONSPIRACY TO OBSTRUCT JUSTICE
""""""""""""""""""""""""""""""""""""""""""""""
PROOF OF
John Nottingham
----- Message from enn7@webtv.net on Tue, 15 Mar 2005 14:15:20 -0500
-----
*******To: lee.slade@nationalcity.com
******cc: enn7@webtv.net, jjnn77@msn.com, jon16648@yahoo.com
*Subject: Fwd: date stamped objections Final Accounting~Obstruction of
**********Justice
NCB ~trustees
slade, lee...what...? did kevin dubbink get fired Perjury is Perjury is
Perjury
No Transcript is No Transcript is No Transcript this electronic message
is Proof of Conspitacy to Obstruct Justice~Criminal by you 3 and
deiter~Conspiracy to Obstruct Justice you , Lee Slade, Kevin Dubbink,
"pete" the malpractice lawyer, and judge deiter the Unconstitutional
judge
John Nottingham
----- Message from enn7@webtv.net on Tue, 15 Mar 2005 13:54:28 -0500
-----
********To: mail@firstnationalbank.com
****cc: roselyn.lewis@firstnationalbank.com, jjnn77@msn.com,
********jon16648@yahoo.com, enn7@webtv.net **Subjec
Fwd: date stamped objections Final Accounting~Obstruction of * * t:
Justice
To Roselyn Lewis
Kokomo
Account#33-6130-02
Fraud upon the "court" by deiter
Liability for Recovery
John and Betsy Nottingham
----- Message from enn7@webtv.net on Tue, 15 Mar 2005 13:45:18 -0500
-----
******To: gberesfo@indygov.org, lee.slade@nationalcity.com,
*******azapata@courts.state.in.us, Nicole.Allen@nasd.com
***cc: enn7@webtv.net, jjnn77@msn.com, jon16648@yahoo.com
**Subje Fwd: date stamped objections Final Accounting~Obstruction of
* ct: Justice
TO COURT~100%,200%1000%~
PROOF OF CRIMINAL OBSTRUCION OF JUSTICE~ THIS ELECTRONIC MESSAGE HAS THE
FILED FORMAL OBJECTIONS NOT HEARD ~UNCONSTITUTIONAL ` ----- Message from
oliver7@webtv.net on Mon, 14 Mar 2005 22:20:34 -0500
-----
*******To: enn7@webtv.net
*Subject: Fwd: date stamped objections Final Accounting~Obstruction of
**********Justice
----- Message from oliver7@webtv.net on Mon, 14 Mar 2005 19:42:40 -0500
-----
********To: gberesfo@indygov.org, Nicole.Allen@nasd.com
****cc: enn7@webtv.net, jjnn77@msn.com, oliver7@webtv.net,
********jon16648@yahoo.com, evv7@webtv.net **Subjec
date stamped objections Final Accounting~Obstruction of Justice
**********t:
To Clerk of Court
Attorney General
Grace Beresford
Sarah Taylor
Judicial Review
Relevant Parties
GRACE BERESFORD FILED OUR FORMAL OBJECTIONS~ THERE HAVE BEEN SENT IN
OVER 2,000 TIMES IN PETITIONS NOT HEARD~53.3, 53.2, 53.1
THIS IS A UNETHICAL AND CORRUPT AND BELOW IS 200%OR 110% PROOF GROUNDS
FOR IMPEACHMENT VOID AND NULLITY OF ALL HIS RULINGS WE HAVE SENT ALL OF
THIS IN HUNDREDS OF TIMES THE FILED FORMAL OBJECTIONS WERE SENT IN FROM
ONE TO JUDGE DEITER
DEMAND TO VOID AND NULLITY OF HIS UNCONSTITUTION "ORDERS" HE MUST BE ON
THE TAKE SO TO SPEAK
**FILED FORMAL OBJECTIONS ~
SENT IN BY THE UNITED STATES POST OFFICE REGISTERED MAIL WE HAVE ALL THE
RECEIPTS, ALL THE EMAILS EVER SENT. AND FROM DAY ONE THE BREACHES WERE
SENT TO THE PROBATE COURT ~BUT THIS JUDGE DEITER IN HIS OBVIOUS
CORRUPTION, DID NOT HEAR THEM
HEAR THEY ARE AS SENT IN~THEY SHOULD BE IN THE PROBATE RECORD WE NOW
DEMAND TO BE KEPT FOR 6 YEARS AS THIS IS A BREACH OF CONTRACT ALSO
FRAUDULENT TRANSFER~UNCONSTITUTIONAL
FILED FORMAL OBJECTIONS OF THE BREACHES OF FIDUCIARY WERE ALSO FILED
BEFORE DEC 17, 2002~WE LIVE IN PA. AND WERE IN A ICE STORM AAA RECORD NO
BENEFICIARY HAS BEEN TO INDIANA
BUT OUR HEALTH AND LIVES HAVE BEEN RUINED BY THIS UNCONSTITUTIONAL JUDGE
DEITER~
John Nottingham
----- Message from evv7@webtv.net on Mon, 7 Mar 2005 22:02:03 -0500
-----
*********To: evv7@webtv.net, jon16648@yahoo.com,
jjnn77@msn.com
*******cc: oliver7@webtv.net, jon16648@yahoo.com,
jjnn77@msn.com
**Subject: date stamped objections Final Accounting ----- Message
from evn7@webtv.net on Sun, 23 Mar 2003 19:32:56 -0500 (EST)
-----
*********************To:
gberesfo@indygov.org
*************cc: evv7@webtv.net,
evn7@webtv.net
********Subject: Fwd: a2,Print Final Accounting Grace
Beresford,
Clerk of the Marion Circuit Court,
We wish to have an email record for possible future appeals and lawsuits
of Objections to the "Final Accounting". This First Objections to the
Final Accounting has already been filed .We just need it for our
records.
No need to print it,etc
Thank you,
John Nottingham
----- Message from jnn7@webtv.net on Wed, 12 Mar 2003 19:39:42 -0500
(EST)
-----
*****************************To:
jnn7@webtv.net
*****************cc: evn7@webtv.net
************Subject: a2,Print Final Accounting
STATE OF INDIANA * ) IN THE MARION****COUNTY COUNTY OF MARION)
SUPERIOR COURT
SS: PROBATE
DIVISION
************************************************** **************************
IN THE MATTER OF THE * )
WILLIAM P. NOTTINGHAM)
TRUST f/b/o JOHN OLIVER)
NOTTINGHAM * * * * * * * * * * )
PETITIONS ON TRUST ISSUES
Comes now to file, as Beneficiaries
Honorable Court,
Trust Docket: 49D080209-TR-002250
Relevant Parties
Judicial Review Commission
Attention: Judge Charles J. Deiter
MARCH 12, 2003
~FIRST
~OBJECTIONS TO FINAL ACCOUNTING
~~~~~~~~~~~~~~~~~~~~~~~~
~OBJECTIONS TO EXCESSIVE FEES
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~OBJECTIONS TO LOSSES BY NATIONAL CITY BANK OF THE TRUST PRINCIPAL
THROUGH BREACHES OF FIDUCIARY
DUTY
~SOLE PURPOSE OF NATIONAL CITY TRUST TO DEFRAUD BENEFICIARIES, RESIGN
AND LEAVE L0SSES IN TRUST AND UNRESOLVED ISSUES ~ALL LAWYERS FEES TO BE
PAID BY NATIONAL CITY BANK AS PER BREACHES OF FIDUCIARY DUTY NOTED AS
PER CODES ****Numbers on Accounting do not have crucial starting
numbers
as REPORTED ON INDIANA INHERITANCE TAX FORM IH-6 JUNE 4,2002 ~John
Nottingham's part was $279,602
~Value of William P. Nottingham estate was $690,129 ~These crucial
starting numbers are NOT on any of the Accounting as Requested by
beneficiaries. Breach of Fiduciary Duty in this matter. All requests and
questions ABOUT and CONCERNING ACCOUNT have NEVER BEEN ANSWERED BY
"TRUSTEES" AS PER PROBATE CODE "TRUSTEES'' PETITONED TO RESIGN WITHOUT
ONE WORD TO BENEFICIARIES. ~BREACH OF FIDUCIARY DUTY OF LOYALTY- REQUEST
RECOVERY OF ALL FEES COSTS, DAMAGES FROM THESE BREACHES OF FIDUCIARY
DUTY
Pursuant IC 30-4-3-11(a)(4)
Sec. 11 Liability of the Trustee to the Beneficiary. Fees Charged to
National City bank as per damages from Breaches of Fiduciary Duty as
stated here and in the Trust Docket; Breach of Duty of Loyalty,
Unsuitability of Inappropriate Brokerage Account. Failure to Provide
Requested Accounting, Failure to Supervise Kevin Dubbink,portfolio
manager we never heard from ,not one word. Failure to answer questions
about account. Failure to preserve Trust Principal as per Codes IC
30-4-3-6(3) "PRESERVE THE TRUST PROPERTY". THE TRUSTEES DID NOT FOLLOW
OR ADMINISTER THE TRUST ACCORDING TO THE INDIANA UNIFORM INVESTOR ACT IC
30-4-3.5
Negligence, Misrepresentation. Illegal "churning of account " to
generate fees , a lot of transactions each month but no money made..
Fees charged to National City bank for these breachs "reasonable
attorney's fees incurred by the beneficiary in bringing an action on the
breach" **A Counter suit for them to resign was also filed to the
court Oct.
of
2002.
THE TRUSTEES DID NOT FOLLOW IC 30-4-3 CHAPTER 3. RULES GOVERNING THE
RIGHTS, POWERS, DUTIES, LIABILITIES ,AND REMEDIES OF THE PARTIES TO A
TRUST
~~~~~~~~
REQUEST COURT DOCKET BE KEPT
~~~~~~~~~~~~~
$35,000. Executor Fees are Excessive and should be reduced. request per
hour documentation and all papers and documents that they dealt with.
Request per hour documentation and all papers relating to the estate as
per discovery laws, disclosure laws.
~ACCOUNTING HAS ERRORS AND OMISSIONS.
~VIOLATES IC 30-4-5-12, IC 30-4-5-13
~~~~~~~~~~~~~~~~~~~~~~~~
Rules Governing the Administration of a Trust Chapter 5, Accounting by
Trustees
Does Not Fulfill Requirements of IC 30-4-5-12 and IC 30-4-5-13~ IC
30-4-5-13(6)
~6. a statement that the trust has been administered according to its
terms
~That is A STATEMENT THE TRUST HAS BEEN ADMINISTERED ACCORDING TO ITS
TERMS. NONE IS PROVIDED AS PER ALL THE BREACHES OF FIDUCIARY DUTY BY THE
TRUSTEES THAT WERE OWED TO THE BENEFICIARY
~~~~~~~~~~
No Annual Accounting was Provided or Delivered to the beneficiaries
after numerous requests by ALL BENEFICIARIES TO TRUSTEES ,John
Nottingham, Bill Nottingham and Dorothy Nottingham to Lee Slade, and All
trustees. No Accounting Delivered upon request in a timely manner from
JULY 15, 2002 until DEC. of 2002. Partial Intermin Accounting was
inadequate, errors and omissions. this Noted as Breach of Fiduciary Duty
Owed to the Beneficiary
~ NO FULL DISCLOSURE OF ALL INVESTMENT COSTS, ~"ILLEGAL "CHURNING " AND
ABUSE OF ACCOUNT NOTED . A lot of Transactions were made each month ,
but no money made. This to generate feees charged to beneficiaries.
Request Recovery of All Losses and Removal of Fees. ~MOTION FOR FAIR
HEARING OF ALL ACCOUNTING ISSUES AND UNRESOLVED ACCOUNTING ISSUES
~REQUEST FULL DISCLOSURE OF ALL INVESTMENTS COSTS AS PER SECURITIES
LAWS,NYSE, NASD,STATE AND FEDERAL LAWS VIOLATED
~~~~~~~~~~~~~~~~~~
~Sole purpose of National City to defraud beneficiaries and resign
leaving losses and issues. **~~~~~~~~~~~ Unfair Treatment of
Beneficiaries
UNCONSTITUTIONAL TREATMENT OF BENEFICIARIES Violations OF; Code of
Judicial Conduct
Violations of Rules To Be Fair and Impartial by Indiana Commission on
Judicial Qualifications
~~~~~~~~~~~~~
~Denial of Due Process of Law
~No Discovery for Beneficiaries at all.
~Probate Rule 311.2 " all orders for fees in estates shall provide that
said fees to be paid only after approval of Final Accounting"~~
~ No Final Accounting has been Delivered to Beneficiaries as of March
12, 2003.
~No Hearing of Objections to Interim Accounting filed as a "Partial
Accounting" July17.2001 through September 30,2002 * *~No
postponement to get a lawyer to be present at the hearing to Represent
the Trust was given. No Postponement to go over accounting by our CPA
was given as the "Partial Interim Accounting" was never delivered at all
by National City Bank to the beneficiaries. Delay tactic used by Pete
Donahoe of not filing in a timely fashion any accounting to
beneficiaries.
~All requests for Discovery by Beneficiaries to National City Bank were
blocked and Obstruction of Justice allowed. ~This by lawyer Pete Donahoe
and his law firm Which Were The Personal Representatives of William P.
Nottingham and as such there is a blatant Conflict of Interest in this
law firm being used against the beneficiaries in this matter, As well as
them being the only ones who knew about these matters.
~ Hearing was held without even a telephone call to beneficiaries, which
could have been our appearance; on a day and time where travel was made
impossible by snow and ice on roads from Central Pennsylvania to
Indianapolis for hearing. All motions were left unanswered by Judge
Deiter which is against laws. Requests for funds to hire a lawyer or
compel 6.2 additional funds for a lawyer were ignored and not compelled
by court as per motion and petition.
~A request for a New Judge and Good Cause was Entered on Nov.29,2002.and
ignored by court and given no reply.
~~~~~~~~~~~~~~
~~~~~~~~~~~~~~
Indiana Rules of Court
CODE OF JUDICIAL CONDUCT
Canon 3 A Judge Shall Perform the Duties of Judicial Office Impartially
and Diligently.
~A Major concern in this case is that this Judge has had a long time
Relationship with National City Bank, has personal friends at National
City Bank and close ties to National City Bank. Examples found include
Susan Krohn of National City Bank Trust Company on the internet.~**A
thorough investigation of Judge Charles J Deiter and his relationships
with National City Bank is requested. ~Bias and Prejudice to National
City Bank was repeatedly noted to and objected to in motions and
Petitions.
~Precedent Associations of Judge Chares J Deiter Include the " Guarding
the Guardians" case of National City Bank and its mismanagement of the
"Lilly" Account
~Noted is "Ruth Lily's attorney ,Tom Ewbank, personally gave donations
to Judge Charles Deiter who oversees Lilly's case" . as reported by
Eyewitness News and available on the Internet. Apparently Judge Deiter
has too many ties and personal relationships with National City Bank and
has done so much activity with National City Bank that he is not not
fair and impartial in Judicial matters.
Eyewitness News writes that Judge Deiter who oversees these matters has
never seen Ruth Lilly; this Judge has never seen the Beneficiaries in
this matter either.
Run a Search on Judge Charles J Deiter on the Internet on any search
engine and you quickly get National City Bank on your search. We present
now Matters that Reflect Adversely the Judge Impartially. We state that
this has injured our legal rights in this case. At this time we can even
get the Final Accounting from National City Bank to give to our CPA to
go over.
There has been no Justice in this case whatsoever." No matter how flat
the pancake there are still two sides to it" ~PETITION TO VOID OR REHEAR
ALL ACCOUNTING ISSUES MOTION FOR FAIR HEARING
~~~~~~~
~OPPOSE THIS ATTEMPT NOT TO BE FAIR OR IMPARTIAL.... NOTICE OF INJURED
LEGAL RIGHTS, **~VIOLATIONS OF RULES TO BE FAIR AND IMPARTIAL BY
JUDICIAL QUALIFICATIONS COMMISSION
IC 33-5.1-2-25
IC 33-2.1-5-6
~~~~~~~~
Matters that Reflect Adversely on the Judge's Impartially as Presented
to the Court Enclosed
~~~~~~~~~~
~REQUEST APPEAL FROM ANY JUDGEMENTS OF ILLEGAL HEARING IN WHICH THE
BENEFICIARIES WERE UNABLE TO BE PRESENT AND NOT REPRESENTED AT HEARING
IC 33-5.1-2-17
OBJECTIONS TO INTERIM ACCOUNTING WERE NOT HEARD OR CONSIDERED
~~~~~~~~~
~ BREACHES OF FIDUCIARY DUTY PURSUANT IC 30-4-3-11 PURSUANT IC 30-4-3-22
~NOTICE TO REMOVE A TRUSTEE NATIONAL CITY FOR CAUSE, PURSUANT IC
30-4-3-22(4) as per hearing Dec17,2002, ~ATTORNEY FEES TO BE CHARGED TO
NATIONAL CITY AS PER BREACHES WHICH BROUGHT ON RESIGNATION and
COUNTERSUIT, Petition to remove a trustee for CAUSE filed OCT 6 2002,
Oct 7 2002 in Trust Docket.
~DAMAGES SOUGHT AND TO BE DETERMINED**IC 30-4-3-11 NOTICE TO REMOVE
A TRUSTEE FOR CAUSE UPON BREACHES OF FIDUCIARY DUTY AND NOT FOLLOWING
INTENT OF WILL
~REQUEST DAMAGES FROM MISUSE OF PRINCIPAL IN INTERIM ~All Losses on
monthly statement from December 2002, until January 16,2003 funds sent
to First National several thousands, to be charged to National City
bank, it takes less than a minute to sell stocks by any broker or online
broker, such as Etrade, could have been done Dec 17,2002 as per court
order to resign
~BREACH OF FIDUCIARY DUTY OF LOYALTY OWED TO THE BENEFICIARY ~BREACH OF
FIDUCIARY DUTY
PETITION FOR DAMAGES FROM UNSUITABLE AND INAPPROPRIATE BROKERAGE ACCOUNT
IC 30-4-3-11 BREACH OF FIDUCIARY DUTY
~PETITION TO OVERHAUL TRUST ACCOUNT TO REFLECT PRESENT SITUATION IC
30-4-3-25
~PETITION FOR ATTORNEY'S FEES, COURT COSTS INCURRED BY THE BENEFICIARY
IN BRINGING ALL ACTIONS AGAINST THIS TRUST IC 30-4-3-11 ~RECOVERY OF
ATTORNEY'S FEES PUT ONTO MONTHLY STATEMENT AND CHARGED TO THE TRUST BY
LAWYER,
~CONFLCIT OF INTEREST present in using Lawyer and Law Lirm who was hired
by WPN, LAW FIRM WAS THE LAW FIRM W.P.Nottingham, the Settlor, person
who set up the trust fund, always used, and were His Personal
Representatives as Stated In the Will, and now used against the
beneficiary in this matter. Not the intent of the will or settlor. ~ALL
COSTS OF COUNTERSUITS BASED ON BREACHES IC 30-4-3-11 ATTORNEY'S FEES IN
THIS RESIGNATION MATTER IC 30-4-3-11 SECTION11 LIABILITY OF THE TRUSTEE
TO THE BENEFICIARY(a)(4)reasonable attorney's fees incurred by the
beneficiary in bringing an action on the breach ~PETITION TO REMOVE
EXECUTOR FEE OF $35,000 AND RESTORE TO THE TRUST UPON RESIGNATION ,
REDUCE TO $1,500
~REQUEST DOCUMENTED PER HOUR WORK SHEET FROM LAWYER ON ALL FEES, AND ALL
LAWYER FEES CHARGED TO NATIONAL CITY AS PROVIDIED BY THE PROBATE CODE
~PETITION and MOTION TO REMOVE EXCESSIVE ATTORNEY FEE OF $25,000
~REQUEST DOCUMENTED PER HOUR WORK SHEET ON THIS FEE TO BE REDUCED TO
$2,250 FOR THE FLAWED AND UNSUCCESSFUL TRUST FORM THIS LAWYER WAS THE
PERSONAL REPRESENTAVIE OF THE SETTLOR AND THIS LAWYER PETE DONAHE AND
HIS LAW FIRM HAVE A CONFLICT OF INTEREST IN THIS MATTER
~~~~~~~~~~~~~~~~~~~~~~~~
~PETITION FOR DAMAGES; FROM BREACHES OF FIDUCIARY DUTY UNSUITABILITY OF
INAPPROPRIATE BROKERAGE ACCOUNT LOSS AND MISUSE OF PRINCIPAL ~PETITION
TO DENY ALL COMPENSATION TO TRUSTEE FROM BREACHES OF TRUST PURSUANT IC
30-4-5-17
Compensation if Trustee breaches Trust IC 30-4-5-17 TRUSTEE'S SERVICES
WERE OF NO VALUE TO THE TRUST ESTATE, Loss resulted all monthly fees
since March of trust 2002, and when losses began or from onset of trust
Sept. 2001 when the breach of Suitability started. IC 30-4-3-11(b)(1)
"any loss or depreciation in the value of the trust property as a result
of the breach", Unsuitability of the Inappropriate Brokerage Account,
~Federal and State Securities Laws
~FRAUD~
"Churning" of account each month to generate fees , a lot of
transactions, but no money being made ,just lost.... ~NEGLIGENCE
~Malpractice~NO DISCOVERY
~~Violations of NASD AND STOCK EXCHANGE ~RULES~"KNOW YOUR CLIENT RULE"
UNSUITABILITY OF INAPPROPRIATE BROKERAGE ACCOUNT ~Failure to
Supervise,e.g. Kevin Dubbink pursuant IC 30-4-3-11(d)(4) ~ACCOUNTING
ISSUES~
~Wherefore and Respectfully to the Court, John Nottingham
STATE OF INDIANA * ) IN THE HOWARD
COUNTY
**SS: PROBATE DIVISION
*************************************IN
THE MATTER
OF THE * * * * * * * * * * * )
WILLIAM P. NOTTINGHAM)
TRUST f/b/o JOHN OLIVER
NOTTINGHAM * * * * * * * * * )
FROM MARION COUNTY SUPERIOR COURT
SS:PROBATE DIVISION
Trust Docket: 49D080209-TR-002250
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
PETITION TO AMEND &/OR TERMINATE
FROM
""""""""""""""""""""""""""""""""""""""""""""""
PURSUANT TO:
IC 30-4--3-24 POWER TO TERMINATE A TRUST IC 30-4-3-25~RECISSION AND
REFORMATION
IC 30-4-3-29
IC 30-4-3-11 LIABILITY OF THE TRUSTEE TO THE BENEFICIARY IC 30-4-3-22 IC
30-4-3-29
""""""""""""""""""""""""""""""""""""""""""""""
ALSO&/OR/PETITION TO VOID
&/OR TO TERMINATE
Pursuant to IC 30-4-3-24~POWER TO
""""""""""""""""""""""""""""""""""""""""""""""
TERMINATE A TRUST PETITION OF NULLITY FRAUD UPON THE COURT FILED FORMAL
OBJECTIONS NOT HEARD
FILING FEES of $131 by Check Enclosed
CERTIFICATE OF SERVICE ENCLOSED
BREACHES OF FIDUCIARY NOT HEARD>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
UNSUITABILITY OF INAPPROPRIATE BROKERAGE ACCOUNT NOT HEARD NEGLIGENCE OF
TRUSTEES NOT HEARD
MISREPRESENTATION NOT HEARD
IC 30-4-3-25~RECISSION AND REFORMATION
IC 30-4-3-29
IC 30-4-3-11 LIABILITY OF THE TRUSTEE TO THE BENEFICIARY IC 30-4-3-22 IC
30-4-3-29 RESIGNATION WAS UNCONSTITUTIONAL NOT ALLOWED IF DETRIMENTAL TO
THE TRUST ~NATIONAL CITY BANK LOST THOUSANDS ALL CO-BENEFICIARIES
ACCOUNTS
NO WISH TO RETURN TO THE THOUSANDS OF DOLLARS LOST BY NATIONAL CITY BANK
TRUSTEES, LEE SLADE AND KEVIN DUBBINK. BUT WE DO PETITION TO
**""""""""""""""""""""""""""""""""""""""""""""
TERMINATE OR AMEND THE TRUST AS IT HAS RUINED THE HEALTH AND DAMAGED THE
HEALTH OF ALL THE CO-BENEFICIARIES AND DOROTHY NOTTINGHAM, AGE 94. ELDER
ABUSE NOTED AND NEGATIVE EFFECTS TO HER HEALTH, POSSIBLE WRONGFUL DEATH
SUIT IN THE FUTURE AGAINST NATIONAL CITY BANK. DAMAGES INFLICTION,
TORTS, RECOVERY, ACTUAL COMPENSATORY, PUNITIVE, DAMAGE FROM BREACH OF
CONTRACT AND BREACH OF FIDUCIARY DUTY OF LOYALTY. PERJURY IN TRANSCRIPT
OF DEC. 17. 2002 AND UNCONSTITUTIONAL NO TRANSCRIPT OF RECORD FOR ANY
OTHER "HEARING" UNCONSTITUTIONAL
NULLITY AND VOID
""""""""""""""""""""""""""""""""""""""""""""""
NO BENEFICIARY HAS BEEN TO INDIANA
""""""""""""""""""""""""""""""""""""""""""""""
BENEFICIARIES ARE VICTIMS
OF HARDSHIP JURISDICTION
UNABLE TO TRAVEL TO INDIANA
""""""""""""""""""""""""""""""""""""""""""""""
MISREPRESENTATION AND PERJURY
BY LEE SLADE~she didn't read one email while beneficiaries were snowed
in Pa.~Hardship if Any Jurisdiction and of course Judge Deiter didn't
mention Violations of the Will 6.2, Health, Unsuitability, Breach of
Fiduciary, Negligence others.. Misrepresentation>>>>>>
""""""""""""""""""""""""""""""""""""""""""""""
TERMINATE THE TRUST AS IT HAS RUINED THE HEALTH AND DAMAGED THE HEALTH
OF ALL THE CO-BENEFICIARIES AND DOROTHY NOTTINGHAM, AGE 94. ELDER ABUSE
NOTED AND NEGATIVE EFFECTS TO HER HEALTH, POSSIBLE WRONGFUL DEATH SUIT
IN THE FUTURE AGAINST NATIONAL CITY BANK. DAMAGES INFLICTION, TORTS,
RECOVERY, ACTUAL COMPENSATORY, PUNITIVE, DAMAGE FROM BREACH OF CONTRACT
AND BREACH OF FIDUCIARY DUTY OF LOYALTY.
PERJURY IN TRANSCRIPT BY LEE SLADE~she didn't read one email while
beneficiaries were snowed in Pa.~Hardship if Any Jurisdiction and of
course Judge Deiter didn't mention Violations of the Will 6.2, Health,
Unsuitability,
Breach of Fiduciary, Negligence others.. Misrepresentation>>>>>>
WHEREFORE AND RESPECTFULLY,
~
John Nottingham
"""""""""""""""""""""""
FROM
"""""""""""""""
FILED TO PROBATE COURT/NO HEARING/UNCONSTITUTIONAL STATE OF INDIANA *
IN THE MARION
COUNTY
COUNTY OF MARION) SUPERIOR COURT
SS: PROBATE DIVISION
*************************************IN
THE MATTER
OF THE * * * * * * * * * * * )
WILLIAM P. NOTTINGHAM)
TRUST f/b/o JOHN OLIVER
NOTTINGHAM * * * * * * * * * )
Trust Docket: 49D080209-TR-002250
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
PETITION TO HEAR
1.VIOLATION OF 6.2 PROVISION OF WILL
2.BREACHES OF FIDUCIARY DUTY OWED
TO BENEFICIARIES
3.RECOVERY OF LAWYERS FEES, DAMAGES PURSUANT INDIANA CODE IC 30-4-3-11
LIABILITY OF THE TRUSTEE TO THE BENEFICIARY IC
30-4-3-11(4)............ALL OF SECTION 11 INDIANA CODE ENCLOSED DUTIES
OF THE TRUSTEE
IC 30-4-3-6
SEC. 6 (a)
NUMEROUS VIOLATIONS OF SECTION 6.2
AS FILED AND STATED IN FILED FORMAL OBJECTIONS NOT EVEN HEARD BY JUDGE
DEITER ~VIOLATIONS OF CONSTITUTION~
PROVISION OF WILL FOR HEALTH, PRESCRIPTION DRUGS, DENTAL TREATMENT,
MAINTENANCE, ALL OF SECTION 6.2 OF WILL, REQUESTS IN WRITING, LETTERS,
E-MAILS, FAXES REQUESTS FROM DOCTORS, LASER DENTIST, ALL OF THESE
VIOLATIONS ARE BREACHES OF FIDUCIARY DUTY AND GIVE US ALL LAWYERS FEES
IN THIS MATTER PURSUANT TRUST CODE IC 30-4-3-11(4} SECTION 11.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
STATE OF INDIANA * ) IN THE MARION
COUNTY
COUNTY OF MARION) SUPERIOR COURT
SS: PROBATE DIVISION
*************************************IN
THE MATTER
OF THE * * * * * * * * * * * )
WILLIAM P. NOTTINGHAM)
TRUST f/b/o JOHN OLIVER
NOTTINGHAM * * * * * * * * * )
Trust Docket: 49D080209-TR-002250
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
PETITION ON ISSUES
~
TO HEAR.. PETITION ~FRAUDULENT TRANSFER OF DAMAGED TRUST FUND~ ~PETITION
TO HEAR ISSUES
~PETITION ON VIOLATIONS OF THE CONSTITUTION OF THE UNITED STATES
~
BENEFICIARIES OF TRUST FUND..JOHN NOTTINGHAM~PLAINTIFF VS.~ LEE SLADE
AND KEVIN DUBBINK TRUSTEES OF NATIONAL CITY BANK ~DEFENDANT
~
UNCONSTITUTIONAL HEARINGS...
~
1.UNCONSTITUTIONAL AND UNETHICAL TREATMENT OF CASE VIOLATIONS OF THE
CONSTITUTION OF THE STATE OF INDIANA~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
FILED FORMAL OBJECTIONS NOT HEARD~UNCONSTITUTIONAL
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2.DENIAL OF ACCESS TO THE COURTS
~
3.DENIAL OF DUE PROCESS OF LAW
~
4.DEPRIVED OF PROPERTY, MONEY TAKEN FROM TRUST ACCOUNT, FLEECING OF
TRUST ACCOUNT.. AGAINST THE 14TH AMENDMENT WITHOUT DUE PROCESS OF LAW..
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
FILED FORMAL OBJECTIONS NOT HEARD.. UNCONSTITUTIONAL..
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
IC 30-4-3-11..LIABILITY OF THE TRUSTEE TO THE BENEFICIARY......
~
UNSUITABILITY, MISEPRESENTATION, NEGLIGENCE, BREACH OF FIDUCIARY BY
NATIONAL CITY BANK TRUSTEES..
~
DOCUMENT TITLE:~CASE SUMMARY
~NUMBERED.~
~~~~~~~~~~~~~~~~~~~~~~~~~*********************
COMPLAINT OF FRAUD IN THE HISTORY LIST....MISREPRESENTATON.. ERRORS AND
OMISSIONS........INTENTIONAL, DELIBERATE AND IN VIOLATION OF INDIANA
CODE AND CANONS OF JUDICIAL CONDUCT, 3E, AND 2, POLITICAL MONEY ACCEPTED
FROM AND VIA RUTH LILLY
TRUST CASE ANOTHER MISMANAGEMENT BY NATIONAL CITY BANK
~~~~~
JUDGE DEITER'S INVOLVEMENT WITH NATIONAL CITY BANK AND IT'S
MISMANAGEMENT OF TRUST FUNDS......PRECEDENT CASES PRESENTED ~FAILURE TO
RECLUSE HIMSELF OR HEAR FORMAL FILED OBJECTIONS....
~
SEC AND NASD VIOLATIONS BY NATIONAL CITY BANK
~~~~~~~~
NOTICE OF APPEAL SENT INTO PROBATE COURT VIA REGISTERED MAIL NOT
FILED....INTENTIONAL AND DELIBERATE AFTER MOTIONS TO CORRECT , PETITION
FOR HEARING ON THIS ISSUE AND CONSPIRACY WITH APPEALS COURT TO
MISREPRESENT THIS AND ISSUE OF "COMPELLING " A TRANSCRIPT OF THE APRIL
4, 203 HEARING WHEN THERE IS NO TRANSCRIPT OF RECORD ...NO ONE CAN
COMPEL A TRANSCRIPT THAT DOES NOT EXISTS AND USED AS A EXCUSE TO DISMISS
APPEAL..PERJURY OBSTRUCTION OF JUSTICE AND VIOLATIONS OF JUDICIAL
CONDUCT TO BE 'FAIR AND IMPARTIAL"
FAILURE TO RECLUSE HIMSELF IN THIS MATTER AS WELL AS NOT FILING MOTIONS
TO CORRECT ERRORS OR HEARING CONFLICT BY LAW FIRN IN THIS MATTER.
~~~~
MISAPPROPRIATION OF FUNDS FROM TRUST FUND AGAINST 14TH
AMENDMENT~~~~~~~~~~~~~~~~~~~~~~~DOCUMENTS ENCLOSED AND ON FILE IN
PROBATE COURT.
~~
**MOTION TO VOID AND AMEND...
RECOVERY OF TRUST FUND PLUS DAMAGES...
~~~~~~~~~~~~~~~~
BREACHES OF FIDUCIARY DUTY~
ENCLOSED~
~~~~~~~
1.THOUSANDS LOST IN TRUST FUND AGAINST STATED WISHES OF BENEFICIARIES
~
BREACHES OF FIDUCIARY DUTY
~
1.~NO ACCOUNTING PROVIDED UPON NUMEROUS WRITTEN REQUESTS HAD TO WRITE
OCC, OFFICE OF THE COMPTROLLER OF CURRENCY TO GET ACCOUNTING.... THIS IS
A BREACH OF FIDUCIARY DUTY OWED TO THE BENEFICIARIES AND VIOLATION OF
TRUST LAWS
PURSUANT INDIANA LAW AND INDIANA UNIFORM PRUDENT INVESTOR ACT
~
2..BREACH OF FIDUCIARY DUTY OF LOYALTY..
~
3.BREACH OF CONTRACT TO SETTLOR...MALICIOUS PROSECUTION OF HIS FAMILY
FOR ASKING FOR CDs AFTER ALL THE LOSSES AND BEFORE~
~
4.UNSUITABILITY OF INAPPROPRIATE BROKERAGE ACCOUNT ~BREACH OF FIDUCIARY
DUTY AND AGAINST UNIFORM PRUDENT INVESTOR ACT~ ALL BREACHES AS
PRESENTED...
~
5.NON-COMPLIANCE WITH THE LAWS OF INDIANA DESTRUCTION OF TRUST ACCOUNT
BY MALICIOUS PROSECUTION BREACHES OF FIDUCIARY DUTY BY TRUSTEES as
presented ,~LEE SLADE , KEVIN DUBBINK OF NATIONAL CITY bank.
~~~~~~~~
**ANOTHER BREACH OF FIDUCIARY DUTY~PROOF OF "CHURNING" OF ACCOUNT TO
GENERATE FEES EACH MONTH, LOT OF TRANSACTION EACH MONTH BUT NO MONEY
MADE EXCEPT FOR NATIONAL CITY bank. THIS IS A BREACH OF FIDUCIARY DUTY
AS WELL
~~~*~
6.FALSE ASSERTIONS IN COURT ORDERS
,~ATTEMPTS JUST TO DISMISS APPEALS FOR,90 DAYS IN SEVERAL ORDERS WHOLLY
UNSUPPORTED BY THE HISTORY LIST AND RESPONSES THIS ON THE CORRECTLY
FILED NOTICE OF APPEAL FORM FROM IN.GOV, ACCESS INDIANA~FILED WITH THE
HELP OF THE CLERK OF THE APPEALS COURT, GLYNIS PIERCE, AND FILED IN BOTH
PROBATE AND APPEALS COURT AND FILED STAMPED SENT INTO BOTH COURTS
~
7.ALL MOTIONS TO CORRECT ERRORS IGNORED
~
8.CONFLICT OF INTEREST BY THE LAW FIRM USED IN THIS CASE AND MATTER, AS
FILED AND PRESENTED, NOT HEARD OR RULED ON, VIOLATION OF INDIANA CODE
**~
A CONFLICT OF INTEREST MUST BE RULED ON BEFORE HEARING~MOTION TO VOID
HEARING~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
9.TRUST FUND FLEECED BY PETE DONAHOE OF LAW FIRM THAT THE SETTLOR WOULD
HAVE FIRED FOR THIS MALICIOUS PROSECUTION OF HIS FAMILY AND DAMAGES TO
THE TRUST FUND~NOT THE INTENT OF THE WILL
~
10.REQUESTED NEW AND SPECIAL JUDGE ,NEW JUDGE BEFORE FIRST "HEARING"
AGAIN NO RESPONSE RULE 53.3 FAILURE TO RULE PRO SE BIAS AND
DISCRIMINATION ,
HARDSHIP OR ANYJURISDICTION QUESTIONED...BENEFICIARIES LIVE IN PA.UNABLE
TO TRAVEL TO INDIANA...IN SNOW, HEALTH ISSUES ..NO LAWYER TO REPRESENT
TRUST~
VIOLATIONS IN THIS MATTER AS PRESENTED
11.VIOLATIONS OF ALL PRO SE ETHICS AND MOTIONS ON PRO SE ETHICS BY
INDIANA COMMISSION OF JUDICIAL QUALIFICATIONS
~
12.MALICIOUS PROSECUTION
~
13.NON COMPLIANCE WITH RULE 40 FORMA PAUPERIS , NO REQUIRED WRITTEN
REASONS FOR DENIAL ~TOTAL INCOME ONLY $800 PER MONTH, NOTICE OF
ELIGIBILITY AND LACK OF ASSETS FILED
VIOLATIONS OF CANONS 3, 2 OF JUDICIAL MISCONDUCT~MOTION FOR RECUSAL
FILED, NOT FAIR OR IMPARTIAL, NOT EVEN HELPFUL IN ANY WAY PER PRO SE
ETHICS ~ 14. PURSUANT PRO SE MOTION OF INDIANA COMMISSION OF JUDICIAL
QUALIFICATIONS
~
15.NO LAWYER AS REQUESTED TO REPRESENT THE TRUST HARDSHIP JURISDICTION,
SNOWED IN IN PA. LIKE THIS YEAR, ON DAY OF "HEARING" NO POSSIBILITY OF
BEING PRESENT AT "HEARING" HELD WITHOUT THE BENEFICIARIES BEING PRESENT
OR REPRESENTED AS REQUESTED OR POSTPONEMENT AS REQUESTED IN WRITING AND
FILED.
~
16.FRAUDULENT TRANSFER, NO FORMAL FILED OBJECTIONS OF THE BENEFICIARIES
WERE HEARD
RECUSAL OF JUDGE REQUESTED FOR TAKING MONEY FROM HIS INVOLVEMENT WITH
NATIONAL CITY BANK AND THE RUTH LILLY CASE
~
17.FAILURE OF JUDGE TO REPLY TO OR RULE ON ANY OF MOTIONS OR PETITIONS
FROM BENEFICIARIES~RULE 53.3~
PROBATE CODES IGNORED, BREACHES OF CONTRACT OF TRUST FUND, BREACHES OF
FIDUCIARY DUTY AS PRESENTED
BREACH OF DUTY OF LOYALTY OF TRUSTEES TO BENEFICIARIES, NO REQUESTED
ACCOUNTING, NO AUDIT, NO STATEMENT THAT THE TRUST HAD BEEN ADMINISTERED
ACCORDING TO THE TERMS OF THE TRUST AS REQUIRED BY PROBATE CODE
~
18.DAMAGES AND DETRIMENTAL EFFECTS TO THE TRUST FROM RESIGNATION OF
TRUSTEE WITHOUT ONE WORD TO BENEFICIARIES FOR ONLY ASKING FOR
CERTIFICATES OF DEPOSIT
IC 30-4-3-29(b)
UNSUITABILITY OF THE INAPPROPRIATE BROKERAGE ACCOUNT. IC 30-4-3-11 IC
30-4-5-17
VIOLATION OF PROBATE CODES , VIOLATIONS OF INDIANA UNIFORM PRUDENT
INVESTOR ACT IC 30-4-3.5-25
Misrepresentations and Misconstructions of Probate Codes by Pete
Donahoe~words of codes changed and misquoted~legal malpractice.
**LOSSES IN ACCOUNT OF THOUSANDS,
LOSSES OF OVER $5000 IN TAX CONSEQUENCES OF RESIGNATION,
~
19.LIABILITY OF THE TRUSTEES FOR BREACHES OF FIDUCIARY DUTY ,
~~~~~~~~~~
2O.SEEKING RECOVERY OF FEES, LOSSES IN ACCOUNT, RESTORATION OF TRUST
ACCOUNT, DAMAGES TO BE DETERMINED
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1.OBSTRUCTION OF JUSTICE... . FAILURE TO FILE DOCUMENTS RECUSAL OF JUDGE
McKINNEY MOTIONED FOR AND COMPLAINT FILED FOR JUDICIAL REVIEW...FRAUD
AND CONSPIRACY WITH LOWER COURT IN HANDLING OF FORMA
PAUPERIS...VIOLATIONS OF RULE 40
2. BLOCKING DUE
PROCESS OF LAW
~
3. FRAUD AND MISREPESENTATON IN
COURT ORDERS NEVER EVEN SENT TO BENEFICIARIES..... NO DELIVERY AND JUDGE
McKINNEY WAS NOT EVEN THE JUDGE IN THIS CASE WHEN HE BACK DATED ORDERS
NEVER SENT ...JUDGE SARAH EVANS BARKER WAS..5/03/04.. CASE WAS REFILED
AS REQUESTED BY JUDGE BARKER JULY 19, 2004 WHICH IS AFTER THE FRAUDULENT
DATES BY JUDGE JUDGE McKINNEY AND IS PROOF HE NEVER SENT THEM AND HAS A
FRAUDULENT HISTORY LIST IN THIS MATTER....THIS ALSO LIED ABOUT...PERJURY
AND FRAUD IN THIS MATTER... IN COURT ORDERS OF JUDGE McKINNEY BACK DATED
AND NEVER SENT BUT PUT IN A FRAUDULENT HISTORY LIST OF CASE.......SENT
AS PERJURY, MISREPRESENTATION AND FRAUD TO 7TH CIRCUIT COURT OF
APPEALS....
~ ~~~~
4. BIAS, DISCRIMINATION AND DENIAL OF DUE PROCESS OF LAW....
~~~~~~~~~~~~~~~~~~~~~~~~~~~
6,VIOLATION OF OATH OF OFFICE
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
IMPROPER HANDLING OF FORMA PAUPERIS..RULE 40.INDIANA CODE~
~~~~~~~~
DID NOT COMPEL REQUIRED WRITTEN REASONS FOR DENIAL BY JUDGE DEITER IN
FORMA PAUPERIS AS NONE WERE IN COURT ORDER........
~~~~~~
CONSPIRACY IN THIS MATER TO DISMISS CASE AND NOT HEAR LIABILITY AND
MISMANAGEMENT OF A TRUST FUND BY NATIONAL CITY BANK ...
~~~~~~
RECUSAL FOR JUDGE DEITER MOTIONED FOR PURSUANT/VIA HIS TAKING MONEY FROM
HIS INVOLVEMENT WITH THE RUTH LILLY CASE...THE TRUST .
~~~~~~
ANOTHER CASE OF MISMANAGEMENT BY NATIONAL CITY BANK AS REPORTED BY
EYEWITNESS NEWS AND NOTED AS "TROUBLING" BY WATCHDOG ETHICS
GROUPS..AVAILABLE ON THE INTERNET AND FILES OF CASE
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CIVIL RIGHTS AND CONSTITUTIONAL RIGHTS VIOLATED
~
6..NOT FAITHFUL TO THE LAW
~
7..VIOLATIONS OF CANONS JUDICIAL CONDUCT...AND CANON 3E "TO BE FAIR AND
IMPARTIAL"
~
8.REQUEST JUDICIAL REVIEW..RECUSAL AND COMPLAINT FILED ..ENCLOSED..
~~~~~~~~~~~~~~~~~~~~
**COMPLAINT~
1.VIOLATIONS OF CONSTITUTIONAL AND CIVIL RIGHTS........
~
VIOLATIONS OF JUDICIAL CODE OF CONDUCT......LAW AND CANONS APPLIED,
CANON 3E.
VIOLATIONS OF QUALIFICATIONS COMISSIONS RULES OF CONDUCT AS WELL AS
VIOLATIONS OF ALL PRO SE ETHICS MOTIONS
~~~~~~~~~~~~~~~
**CONSTITUTIONAL RIGHTS TO DUE PROCESS OF LAW...VIOLATED
~
FILED FORMAL OBJECTIONS NOT HEARD
BY LOWER COURT AS OUR LEGAL RIGHT.
~
THERE IS NOTHING IN THE CONSTITUTIONAL OF THE UNITED STATES THAT GRANTS
IMMUNITY FROM DUE PROCESS OF LAW.
~~~~~~~~~~~~~~~~~~~~~~~
***********Constitution Supreme Clause
Article VI, Clause 2 of the Constitution (This Constitution, and the
Laws of the United States which shall be made in Pursuance thereof; . .
. . shall be the supreme Law of the Land; and the Judges in every
State shall be bound thereby, any Thing in the Constitution or Laws of
any state to the Contrary notwithstanding.)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ LIABILITY OF THE TRUSTEES PURSUANT
PROBATE CODES
~
**IMPROPER HANDLING OF AND DENIAL
OF FORMA PAUPERIS
LAW APPLIED~
UNCONSTITUTIONAL AND AGAINST INDIANA LAW TO NOT HEAR FILED FORMAL
OBJECTIONS~ BY JUDGE DEITER
~
ALSO PROVES BIAS IN THIS MATTER..
~
**A FRAUDULENT TRANSFER, IS A MATTER OF LAW
~
AS ARE THE PROBATE CODES,LIABILITY OF THE TRUSTEE TO THE BENEFICIARY
VIOLATIONS OF PROBATE CODES BY NATIONAL CITY BANK ..TRUSTEES DO HAVE
DUTIES
~ >>>>>>>>>>>>>>>>>>>>>
ILLEGAL TO HAVE NO TRANSCRIPT OF RECORD BY JUDGE DEITER AND TO ALSO LIE
ABOUT ALL OF THIS TO THE APPEALS COURT AS WELL AS NOT FILE THE NOTICE OF
APPEAL IN THE HISTORY LIST MAY 1,MAY2, 2004 SENT IN BY REGISTERED MAIL
...MANY MOTIONS ON THIS ISSUE FILED AND REGISTERED LETTERS TO THE COURT
REPORTER........
THERE WAS NO WAY TO COMPEL A TRANSCRIPT TO THE APPEALS COURT THAT DID
NOT EVEN EXIST..FRAUD UPON THE COURT BY JUDGE DEITER.........COMPAINT TO
VOID AND AMEND......
~ JUEGE DIETER HAS DELIBERATE ERRORS AND OMISSIONS IN THE HISTORY
LIST..FRADULENT HISTORY LIST...
~
*FOR A HEARING OF APRIL 4 2003
*THAT WAS NEVER
FAILURE TO FILE DOCUMENTS OR HEAR ISSUES OF CASE
~
VIOLATIONS OF CONSTITUTION
Law Applied and Laws and
Constitution Have Merit and Only~
~"""""""""""""""""""""""""""""""""""""""""""""
Constitutional Questions, Issues and Law Applied~Seeking Justice from
the Law applied~
A Judge Must be Faithful to the Law ~Canons of Judicial Conduct~ Motion
Constitutional Questions~
~
No Merit~Devoid of Merit~and in Violation of Indiana Law Applied and
Illegal Case, Malicious Prosecution by and Destruction of Trust Fund by
National City Bank
~
1.Whether it is Constitutional for a Judge to Not Rule on A Conflict of
Interest by a law firm before a hearing. A Ruling on a conflict of
Interest by a law firm must be made before any hearing Pursuant Indiana
Law where case was heard~hardship jurisdiction ~beneficiaries snowed
during hearing on Dec 17, and told not to drive even in Local
area~request for postponement was denied along with funds from trust for
a lawyer to Represent the Trust...all illegal by Judge Deiter and Motion
to void and for damages as presented to the trust to be determined.
trust Broken up tax losses and losses in the thousands by breaches of
fiduciary duty by trustees..
~
2.Whether is is Constitutional for a Judge to Disregard and be in Non
Compliance with State Rules of Evidence and Discovery
~
3 Whether it is Constitutional for a Judge. to let a lawyer who does not
represent the trust but National City Bank~and who has the estate
papers~to not comply with written requests for them to the beneficiaries
before a hearing,
~
4. Whether it is Constitutional and in compliance with the Canons , 2
and 3 of Judicial Conduct for a Judge to hear a case When he has already
taken money from his involvement with National City Bank via the Ruth
Lilly case.
Another case of mismanagement by National City Bank in the Ruth Lilly
case as reported by eyewitness news~filed under "Guarding the Guardians"
lycos search on internet.
~
5.Whether It is constitutional for a Judge to not file the Notice of
Appeal in the Official History, Chronology and conspire with the appeals
court to compel a transcript of a hearing~April 3 , 2003~ the does Not
Even Exists~and then get them to dismiss the Appeal for Not compelling a
Transcript that did not exists and after I talked to the court reporter
to get transcripts sent , filed motions to compel court records,
transcripts and Which I requested a hearing on the Issue of the
Transcripts~
~
6.Whether it is Constitutioanl to Deny Due Process of Law via Non
Compliance with Rule 40 Indiana Code and State Codes of forma pauperis
motions.
~
7. Whether It is Constitutional to make Rulings in Violation of the
Constitution of the United States and 14th Amendment. John Nottingham
~~~~~~~
No Case at all by National City Bank~beneficiaries had the right to ask
for CDs..non suit by bank who violated the will and the probate codes~
iindiana uniform prudent investor act~
~
***************Constitution Supreme Clause
Article VI, Clause 2 of the Constitution (This Constitution, and the
Laws of the United States which shall be made in Pursuance thereof; . .
. . shall be the supreme Law of the Land; and the Judges in every
State shall be bound thereby, any Thing in the Constitution or Laws of
any state to the Contrary notwithstanding.) **.1...~DENIAL OF DUE
DUE PROCESS OF LAW
2. NOT FOR MONEY DAMAGES AGAINST JUDGE DIETER ALTHOUGH MONEY DAMAGES
CAUSED....BY JUDGE DEITER IN NOT COMPELLING PROBATE CODES
~
**BUT IT ALSO SHOULD BE AS HE HAS TAKEN MONEY BEFORE FROM HIS
INVOLVEMENT FROM NATIONAL CITY BANK IN ANOTHER MISMANAGEMENT CASE
AGAINST NATIONAL CITY BANK IN THE RUTH LILLY CASE
**~
**IMPROPER HANDLING OF FORMA PAUPERIS
**NO REQUIRED WRITTEN REASONS FOR DENIAL......NON COMPLIANCE WITH
INDIANA CODE RULE 40 FORMA PAUPERIS AND BLOCKING RIGHT TO CONSTITUTIONAL
TREATMENT OF CASE~
~>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
CRIMINAL OBSTRUCTION OF JUSTICE AND FRAUD UPON THE COURT AS FILED IN
2.FAILURE TO HEAR CONSTITUTIONAL ISSUES AND OBSTRUCTION OF JUSTICE
FAILURE TO FILE DOCUMENTS AND MATTER IN JUDICIAL REVIEW
~
3. VIOLATIONS OF JUDICIAL CONDUCT CANON 3E, OTHERS MUST BE FAIR AND
IMPARTIAL
~
4. JUDGE DIETER IS REQUIRED AND MUST FAITHFUL TO THE LAW CANONS OF
JUDICIAL CONDUCT.....LAW APPLIED
~~~~~~~~~~~~~~~~~~~~~~~~~
DOCUMENT TITLE:~CASE SUMMARY
~NUMBERED.~
~~~~~~~~~~~~~~~~~~~~~~~~~*********************
COMPLAINT ~VIOLATIONS OF THE CONSTITUTION OF THE UNITED STATES
~
~
FILED FORMAL OBJECTIONS NOT HEARD IN PROBATE COURT...AS WELL AS THE LAW
FIRM HAVING A CONFLICT OF INTERST IN THIS MATTER...NOT RULED ON BY JUDGE
DEITER LAW APPLIED.
~
1.UNCONSTITUTIONAL AND UNETHICAL TREATMENT OF CASE VIOLATIONS OF THE
CONSTITUTION OF THE STATE OF INDIANA~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
FILED FORMAL OBJECTIONS NOT HEARD~UNCONSTITUTIONAL
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2.DENIAL OF ACCESS TO THE COURTS
~
3.DENIAL OF DUE PROCESS OF LAW
~
4.DEPRIVED OF PROPERTY, MONEY TAKEN FROM TRUST ACCOUNT, FLEECING OF
TRUST ACCOUNT.. AGAINST THE 14TH AMENDMENT WITHOUT DUE PROCESS OF LAW..
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
FILED FORMAL OBJECTIONS NOT HEARD.. UNCONSTITUTIONAL..
~~~~~~~~~~~~~~~~~~~~~~~DOCUMENTS ENCLOSED AND ON FILE IN PROBATE COURT.
~~
**MOTION TO VOID AND AMEND...
RECOVERY OF TRUST FUND PLUS DAMAGES...
~~~~~~~~~~~~~~~~
BREACHES OF FIDUCIARY DUTY~
ENCLOSED~
~~~~~~~
1.THOUSANDS LOST IN TRUST FUND AGAINST STATED WISHES OF BENEFICIARIES
1.~NO ACCOUNTING PROVIDED UPON NUMEROUS WRITTEN REQUESTS HAD TO WRITE
OCC, OFFICE OF THE COMPTROLLER OF CURRENCY TO GET ACCOUNTING.... THIS IS
A BREACH OF FIDUCIARY DUTY OWED TO THE BENEFICIARIES AND VIOLATION OF
TRUST LAWS
PURSUANT INDIANA LAW AND INDIANA UNIFORM PRUDENT INVESTOR ACT
~
2..BREACH OF FIDUCIARY DUTY OF LOYALTY.. 3.BREACH OF CONTRACT TO
SETTLOR...MALICIOUS PROSECUTION OF HIS FAMILY FOR ASKING FOR CDs AFTER
ALL THE LOSSES AND BEFORE~ 4.UNSUITABILITY OF INAPPROPRIATE BROKERAGE
ACCOUNT ~BREACH OF FIDUCIARY DUTY AND AGAINST UNIFORM PRUDENT INVESTOR
ACT~ ALL BREACHES AS PRESENTED...
~
5.NON-COMPLIANCE WITH THE LAWS OF INDIANA DESTRUCTION OF TRUST ACCOUNT
BY MALICIOUS PROSECUTION BREACHES OF FIDUCIARY DUTY BY TRUSTEES as
presented ,~LEE SLADE , KEVIN DUBBINK OF NATIONAL CITY bank.
~~~~~~~~
**ANOTHER BREACH OF FIDUCIARY DUTY~PROOF OF "CHURNING" OF ACCOUNT TO
GENERATE FEES EACH MONTH, LOT OF TRANSACTION EACH MONTH BUT NO MONEY
MADE EXCEPT FOR NATIONAL CITY bank. THIS IS A BREACH OF FIDUCIARY DUTY
AS WELL
~~~
~
6.FALSE ASSERTIONS IN COURT ORDERS
,~ATTEMPTS JUST TO DISMISS APPEALS FOR,90 DAYS IN SEVERAL ORDERS WHOLLY
UNSUPPORTED BY THE HISTORY LIST AND RESPONSES THIS ON THE CORRECTLY
FILED NOTICE OF APPEAL FORM FROM IN.GOV, ACCESS INDIANA~FILED WITH THE
HELP OF THE CLERK OF THE APPEALS COURT, GLYNIS PIERCE, AND FILED IN BOTH
PROBATE AND APPEALS COURT AND FILED STAMPED SENT INTO BOTH COURTS
~
7.ALL MOTIONS TO CORRECT ERRORS IGNORED
~
8.CONFLICT OF INTEREST BY THE LAW FIRM USED IN THIS CASE AND MATTER, AS
FILED AND PRESENTED, NOT HEARD OR RULED ON BY ANY JUDGE 53.3
~
A CONFLICT OF INTEREST MUST BE RULED ON BEFORE HEARING~MOTION TO VOID
HEARING~
~
9.TRUST FUND FLEECED BY PETE DONAHOE OF LAW FIRM THAT THE SETTLOR WOULD
HAVE FIRED FOR THIS MALICIOUS PROSECUTION OF HIS FAMILY AND DAMAGES TO
THE TRUST FUND~NOT THE INTENT OF THE WILL
~
10.REQUESTED SPECIAL JUDGE ,NEW JUDGE BEFORE FIRST "HEARING" AGAIN NO
RESPONSE RULE 53.3 FAILURE TO RULE
PRO SE BIAS AND DISCRIMINATION ,
~
11.VIOLATIONS OF ALL PRO SE ETHICS AND MOTIONS ON PRO SE ETHICS BY
INDIANA COMMISSION OF JUDICIAL QUALIFICATIONS
~
12.MALICIOUS PROSECUTION
~
13.NON COMPLIANCE WITH RULE 40 FORMA PAUPERIS , NO REQUIRED WRITTEN
REASONS FOR DENIAL ~TOTAL INCOME ONLY $800 PER MONTH, NOTICE OF
ELIGIBILITY AND LACK OF ASSETS FILED
VIOLATIONS OF CANONS 3, 2 OF JUDICIAL MISCONDUCT~MOTION FOR RECUSAL
FILED, NOT FAIR OR IMPARTIAL, NOT EVEN HELPFUL IN ANY WAY PER PRO SE
ETHICS ~ 14. PURSUANT PRO SE MOTION OF INDIANA COMMISSION OF JUDICIAL
QUALIFICATIONS
~
15.NO LAWYER AS REQUESTED TO REPRESENT THE TRUST HARDSHIP JURISDICTION,
SNOWED IN IN PA. LIKE THIS YEAR, ON DAY OF "HEARING" NO POSSIBILITY OF
BEING PRESENT AT "HEARING" HELD WITHOUT THE BENEFICIARIES BEING PRESENT
OR REPRESENTED AS REQUESTED OR POSTPONEMENT AS REQUESTED IN WRITING AND
FILED.
~
16.FRAUDULENT TRANSFER, NO FORMAL FILED OBJECTIONS OF THE BENEFICIARIES
WERE HEARD
RECUSAL OF JUDGE REQUESTED FOR TAKING MONEY FROM HIS INVOLVEMENT WITH
NATIONAL CITY BANK AND THE RUTH LILLY CASE
~
17.FAILURE OF JUDGE TO REPLY TO OR RULE ON ANY OF MOTIONS OR PETITIONS
FROM BENEFICIARIES~RULE 53.3~
PROBATE CODES IGNORED, BREACHES OF CONTRACT OF TRUST FUND, BREACHES OF
FIDUCIARY DUTY AS PRESENTED
BREACH OF DUTY OF LOYALTY OF TRUSTEES TO BENEFICIARIES, NO REQUESTED
ACCOUNTING, NO AUDIT, NO STATEMENT THAT THE TRUST HAD BEEN ADMINISTERED
ACCORDING TO THE TERMS OF THE TRUST AS REQUIRED BY PROBATE CODE
~
18.DAMAGES AND DETRIMENTAL EFFECTS TO THE TRUST FROM RESIGNATION OF
TRUSTEE WITHOUT ONE WORD TO BENEFICIARIES FOR ONLY ASKING FOR
CERTIFICATES OF DEPOSIT
IC 30-4-3-29(b)
UNSUITABILITY OF THE INAPPROPRIATE BROKERAGE ACCOUNT. IC 30-4-3-11 IC
30-4-5-17
VIOLATION OF PROBATE CODES , VIOLATIONS OF INDIANA UNIFORM PRUDENT
INVESTOR ACT IC 30-4-3.5-25
Misrepresentations and Misconstructions of Probate Codes by Pete
Donahoe~words of codes changed and misquoted~legal malpractice.
**LOSSES IN ACCOUNT OF THOUSANDS,
LOSSES OF OVER $5000 IN TAX CONSEQUENCES OF RESIGNATION,
~
19.LIABILITY OF THE TRUSTEES FOR BREACHES OF FIDUCIARY DUTY ,
~~~~~~~~~~
2O.SEEKING RECOVERY OF FEES, LOSSES IN ACCOUNT, RESTORATION OF TRUST
ACCOUNT, DAMAGES TO BE DETERMINED
~~~~~~~
John Nottingham
