justice2kb
       

 

November 21, 2012
Anthony O’Connell, Trustee
439 South Vista del Rio
Green Valley, AZ 85614
anthonymineroconnell@gmail.com
(no telephone)

To the Honorable Judges of the Nineteenth Judicial Circuit Court of Fairfax County, Virginia:

The Honorable Dennis J. Smith
The Honorable Marcus D. Williams
The Honorable Jane Marum Roush
The Honorable Johnathan C. Thacher
The Honorable R. Terrence Ney
The Honorable Randy I. Bellows
The Honorable Charles J. Maxfield
The Honorable Bruce D. White
The Honorable Robert J. Smith
The Honorable David S. Schel
The Honorable Jan L. Brodie
The Honorable Lorraine Nordlund
The Honorable Brett A. Kassabian
The Honorable Michael F. Devine

Please tell me if the enclosed Court notice is from the Judges or if it is from some alternative element speaking for the Court? I ask this because:

(1) The notice is confusing and lacks accountability; there is no name, no signature, no point of contact, only a telephone number and "The Judges of the Fairfax Circuit Court" in the signature line.

(2) The notice says "Case No. CL-2012-0013064", which matches the number on the summons and the injunction . The accusations in the summons and in the injunction are so blatantly false, and no evidence is provided to justify them, it's as if the law, the evidence, and accountability is not expected to be relevant.

(3) The notice says "In Re: Harold A. O'Connell" but doesn't say what the issue is. Harold A. O'Connell is our Dad who died in 1975.

It would not be prudent for me to appear in Court unless the issues are defined and the evidence for the issues can be obtained beforehand. The present structure makes me dead on arrival; this is not due process.

The best of my two bad options is to not appear in Court, even though my not appearing could be made to appear as if I, rather than the accountants, were trying to hide something, and the terms of their summons and injunction might be approved by default.

Would you please put everything on hold until all of the plaintiff’s issues can be identified and their evidence for their issues can be obtained? The known evidence I need before appearing in Court includes exposing the accounting trails in our Mother’s estate at Bk467p191.

Background

This is extremely complicated and impossible to present in an understandable manner except by through websites.

The CPA Joanne Barnes and the Attorney Edward White make money disappear and cover them selves by using an innocent family member as an unwitting agent to carry out their agenda. The evidence is in exposing the accounting trails at Book467page191 in the public record.  I've tried to expose Bk467p191 for twenty years and the reaction has cost me my reputation, my family, and my solvency.

Exposing Bk467p191 would be the turning point, its the law, its common sense, and the public trusts that its done. Please use your power or call in federal powers that would do it. Please ask them to (1) protect our family, (2) find out where the money went and (3) untangle the accounting entanglements holding up the sale of our remaining family real estate that we call Accotink. Accotink is in a Virginia Land Trust and I am the Trustee.

Our family needs federal protection. The first thing our family needs is to have a federal agent personally visit our innocent sister Jean Nader at 350 Fourth Avenue, New Kensington, PA 15068, and convince her that she is being used by the accountants.

The terms of the summons and the injunction are for the benefit of the accountants and not for our family; it gives them unlimited control and cover of our family's assets and makes our family appear at fault. History suggests that the reason the accountants want to replace me with innocent Jean Nader as Trustee for Accotink is because they can use her as Trustee as they used her as co-executor in our mother's estate, to make money disappear.

Respectfully, Anthony O'Connell, Trustee

Enclosure: Court notice

References:
http://www.alexandriavirginia15acres.com (Trust property in Fairfax County for sale; controlling summons, injunction, etc.)
http://www.farm139.com (Trustee's individual property in Highland County for sale; controlling lien sent to Highland County)
http://www.canweconnectthedots.com (Comprehensive; twenty years in the making; if you want to know how the accountants work)

************ 2 ***********

NINETEENTH JUDICIAL CIRCUIT OF VIRGINIA

Fairfax County Courthouse
4110 Chain Bridge Road
Fairfax, Virginia 22030-4009
703·246·2221 • Fax: 703·246·5496' TOO: 703-352-4139
County of Fairfax      City of Fairfax
(Letter head text omitted)

November27, 2012

Anthony O'Connell, Trustee
439 South Vista Del Rio
Green Valley, AZ 85614

RE: In Re: Harold A O'Connell, CL-2012-13064

Dear Mr. O'Connell:

I have received your letter regarding the Notice of Scheduling Conference you
received in case CL 2012 -0013064. Th,is is indeed a valid notice from our court .'
provided. so that you would be aware of a Scheduling Conference at which we will, if" .
appropriate, set a trial date and enter a scheduling order in accordance with the Uniform
Pretrial Scheduling Order adopted by the Supreme Court of Virginia. No evidence will
be taken at that time as this is only a hearing to establish the schedule for the orderly
processing of the case.

As for accountability for the notice, it clearly indicates that it is sent by the judges
of the circuit court and provides you with a phone number at which you can contact our
case management staff with regard to the Scheduling Conference. We would not send
out a notice indicating that you can contact the judges directly as such contact is
inappropriate.

Your letter alsoindicates that you do not know what issues are raised in the case
but our records indicate that you have responded to the Complaint which sets out the
Plaintiff's allegations and prayer for relief so I therefore assume that you are acquainted
with the issues which have been raised. As to whether the Plaintiff's allegations are
true or merit relief, these issues will not be dealt with at the December 4,2012
Scheduling Conference but are instead decided in the course of later proceedings or
after a trial at which each side has had an opportunity to present evidence in the form of
documents or testimony and make arguments as to the proper disposition of the issues.

You also request that our court take certain actions, but please note that Judges
take actions based upon pleadings which are properly filed, and even then, only after
each interested party has had an opportunity to respond and be heard on the request.
Sending a letter to a judge is not filing a pleading in a case as pleadings are properly
filed with the Clerk of Court. Additionally, copies of anything sent to the Court for filing
must be provided to all other interested parties. As your letter does not indicate copies
were sent to the other parties I will provide them with a copy of your letter and this
response.

Finally, with regard to your participation in the Scheduling Conference at 8:30
a.m. on December 4,2012, this is a civil case and it is your choice as to whether you
participate in this administrative hearing or any further hearings. If you do not appear,
the Court will proceed to establish scheduling without your input. We will, however,
send you a copy of any Order that is entered at that hearing.

Sincerely Yours, Dennis J. Smith (seal)

Cc: Jean Mary O'Connell Nader
Anthony Miner O'Connell
Sheila A. O'Connell
Elizabeth Chichester Morrogh, Esquire

*********** 3 ************

December 24, 2012
Anthony O’Connell, Trustee
439 South Vista del Rio
Green Valley, AZ 85614
anthonymineroconnell@gmail.com
(no telephone)

To the Honorable Judges of the Nineteenth Judicial Circuit Court of Fairfax County, Virginia:

The Honorable Dennis J. Smith
The Honorable Marcus D. Williams
The Honorable Jane Marum Roush
The Honorable Johnathan C. Thacher
The Honorable R. Terrence Ney
The Honorable Randy I. Bellows
The Honorable Charles J. Maxfield
The Honorable Bruce D. White
The Honorable Robert J. Smith
The Honorable David S. Schel
The Honorable Jan L. Brodie
The Honorable Lorraine Nordlund
The Honorable Brett A. Kassabian
The Honorable Michael F. Devine

Accountants have put our family in a box and the only way we can free ourselves is to go outside
the box.

If the accounting trails for our Mother's estate at bk467p191 in the public record were exposed,
those who recognize an accounting entanglement trail such as 1,475.97 – 816.00 = 659.97, will
be able to recognize that the CPA Joanne Barnes and the Attorney Edward White: (1) steal
money, (2) create accounting entanglements to use as wedge and takeover tools (whoever
controls the entanglement controls the people and assets that are entangled) and as cover, and (3)
cover themselves by using an innocent family member to carry out their instructions. Their
instructions create confusion and conflict and set one family member against another, which
destroys the family's unity and consequently the family's ability to protect itself. The evidence,
the turning point, is in exposing the accounting trails at bk467p191.

Our family is innocent and needs protection; please have a just power personally visit our
innocent sister Jean Nader at 350 Fourth Avenue, New Kensington, PA 15068, and tell her, until
she understands, that she is being used by the accountants. Please do not allow the accountants to
use innocent members of our family or the Court as cover.

The more I try to expose the CPA and the Attorney’s accounting trails the more I’m shut out, and
I’ve tried for twenty years. After posting my website http://www.canweconnectthedots.com on
March 31, 2012, with the intent, and I quote:

"The purpose of this web site is to try to get the attention of a just power with a
background in accounting, who would do whatever it takes to expose the accounting
trails of the CPA Joanne Barnes and the attorney Edward White (hereafter referred to as "the accountants") at Book 467 page 191 (pdf) in the public record, and find out where
the money (pdf) went".

I was sent a:

Lien for $27,669.42
Revocation of my Power of Attorney as Trustee
Summons
Injunction
Notice to appear in Court
Order to appear in Court (enclosure)

If there is any doubt that the accountant’s signature pattern is to use a trusting family member for
cover, please look at the contents of the summons and the injunction. Jean Nader has been led to
believe that the contents of the summons and the injunction the accountants had her sign will
remove the obstacles to selling our remaining family real estate that we call Accotink, rather than
these documents putting the accountants in control of Accotink and our family.

History suggests that, if I appeared in Court, the accountants would use our innocent sister Jean
Nader to testify against me, and judgment would be based on her testimony, rather than on the
rule of law. If the secrecy were removed you can see that this is why the accountants destabilize
the family. Please look at the contents of the summons and the injunction. This is what the
accountants have led her to believe. And you can see what twenty years of character
assassinations and frame-ups by the accountants did for my reputation and for my estrangement
from my family.

Please use your power to remove the shroud of secrecy no matter what it’s called and enforce the
rule of law. My only realistic alternative to not having the power to expose bk467p191 is the web.

Respectfully,

Anthony O’Connell, Trustee

Reference:
http://www.canweconnectthedots.com
http://www.farm139.com
http://www.alexandriavirginia15acres.com
http://www.thepublicshouldknow.com
http://www.judgesfairfaxcounty.com

Enclosure: Order and cover letter.

********* 4 *********

Anthony O'Connell, Trustee
439 S. Vista del Rio
Green Valley, Arizona 85614
January 9, 2013
anthonymineroconnell@gmail.com

 Chief Judge Dennis J. Smith
Nineteenth Judicial Circuit of Virginia
Fairfax County Court House
4110  Chain Bridge Road
Fairfax, Virginia 22030-4009

Reference:
Trustee Not Individually Liable at bk8845p1453
Re: Harold A. O’Connell(?), CL-2012-13064; Lien, Summons, Injunction, Notice, Order

The Honorable Chief Judge Dennis J. Smith:

The only way to expose accounting fraud is to expose the accounting trails. Is there any way to expose the accounting trails of the CPA Joanne Barnes and the Attorney Edward White for our Mother’s Estate at bk467p191 without the accountants using innocent members of the Court and our family to obstruct it?

The Summons requests that the Court replace me as Trustee. The Trust was created on October 16, 1992, and automatically terminates after twenty years, on October 16, 2012. Why request the Court to replace me as Trustee at the end of the Trust's life?

The terms of the summons and the injunction are for the benefit of the accountants and not for our family; it gives them unlimited control and cover of our family's assets and makes our family appear at fault. History suggest that the accountants want to replace me as Trustee for Accotink with innocent Jean Nader is because they can use her as they used her as co-executor for our mother's estate at bk467p191,

The Summons is against the law of contracts. The Trust Agreement at bk8845p1453 is a contract and the law of contracts applies:

(a) A contract cannot be changed unless all the parties to the contract agree to the change and then it is a new contract.
(b) No one that is not a party to a contract can change a contract, not even a Court.
(c) All of a contract applies or none of a contract applies. A contract can't be cherry picked.
(d) The clause "Trustee Not Individually Liable" in the contract means what it says.

Why did the Court initiate the Lien, and accept the Summons, Injunction, Notice and Order, when they are all against the "Trustee Not Individually Liable" clause: when they are all against the law of contracts?

(1) 2012.05.11 and 2012.07.26 Lien: To Anthony O'Connell as Trustee but sent to Highland County where there is no trust property, only the Trustee's Individual's property.
(2) 2012.09.04 Summons: To Anthony O'Connell as Individual and as Trustee.
(3) 2012.09.28 Injunction: To Anthony O'Connell as Individual and as Trustee.
(4) 2012.10.22 Notice to appear in Court:To Anthony O'Connell as Individual.
(5) 2012.12.05 Order to appear in Court, Motion for Default Judgement: To Anthony O'Connell as Individual on cover letter for Order and blank on Order itself.

Our family is innocent and needs protection. We need a just power to personally visit our innocent sister Jean Nader at 350 Fourth Avenue, New Kensington, PA 15068, and protect her and tell her, until she understands, and feels safe and is safe, that she is being used by the accountants.

Sincerely,

Anthony O'Connell, Trustee

******** 5 ********

Anthony O'Connell, Trustee
439 S. Vista del Rio
Green Valley, Arizona 85614
January 10, 2013
anthonymineroconnell@gmail.com

Chief Judge Dennis J. Smith
Nineteenth Judicial Circuit of Virginia
Fairfax County Court House
4110  Chain Bridge Road
Fairfax, Virginia 22030-4009

Reference:
(1) Court Ruling?
(2) Re: Harold A. O’Connell(?), CL-2012-13064; Lien, Summons, Injunction, Notice, Order

The Honorable Chief Judge Dennis J. Smith:

The only way to expose accounting fraud and find out where the money went is to expose the accounting trails. Is there any way to expose the accounting trails of the CPA Joanne Barnes and the Attorney Edward White for our Mother’s Estate at bk467p191 without the accountants using innocent members of the Court and our family to obstruct it?

The terms of the summons and the injunction are for the benefit of the accountants and not for our family; it gives them unlimited cover and control of our family's assets and makes our family appear at fault. Please do not buy that our family is the problem.

The Summons says or implies that there is a Court Ruling about the testamentary trust’s 11th Court account (This is the account where the Commissioner crossed out the “not” in the Trustee’s “This is not a final account”).

“15. Anthony is not willing or has determined he is unable to sell the Property due to a mistaken interpretation of events and transactions concerning the Property and, upon information and belief, the administration of his mother's estate. Anthony's position remains intractable, despite court rulings against him, professional advice, and independent evidence. As a result, Anthony is unable to effectively deal with third parties and the other beneficiaries of the Land Trust.”

“29. On August 8,2000, an Eleventh Account for the Harold Trust was approved by the Commissioner of Accounts for the Circuit Court of Fairfax County and determined to be a final account.

30. Anthony repeatedly and unsuccessfully challenged the Commissioner's determination and requested, inter alia, that the Court and the Commissioner of Accounts investigate a debt of $659.97 that he alleged was owed to the Harold Trust by Mrs. O'Connell's estate. In these proceedings, the Commissioner stated, and the court agreed, that there was no evidence to support Anthony's claims that a debt existed and, if so, that it was an asset of the Harold Trust.

31. Anthony's repeated and unsuccessful challenges to the rulings of the Commissioner of Accounts and the Circuit Court in connection with the Eleventh Account, and his persistence in pursuing his unfounded claims to the present day, demonstrate that he is unable to administer the Harold Trust effectively and reliably.”

If there was a Court Ruling about any of this would you please have copies of the documentation sent to me?

Sincerely,

Anthony O'Connell, Trustee

***********6***********

Anthony O'Connell, Trustee
439 S. Vista del Rio
Green Valley, Arizona 85614
January 11, 2013
anthonymineroconnell@gmail.com

Chief Judge Dennis J. Smith
Nineteenth Judicial Circuit of Virginia
Fairfax County Court House
4110  Chain Bridge Road
Fairfax, Virginia 22030-4009

Reference:
Re: Harold A. O’Connell(?), CL-2012-13064; Lien, Summons, Injunction, Notice, Order

The Honorable Chief Judge Dennis J. Smith:

Please tell me what the issue is in “Re: Harold A. O’Connell”. Harold A. O’Connell is our Dad who died in 1975.

Does the issue have to do with the surprise clause in the 1988 deed at bk7005p634 for my sale of our home place that says:

“Whereas by Deed of Partition recorded in Deed Book 4026 at Page 454, the property was reconveyed to Harold A. O'Connell as to an undivided one-half interest and to Jean M. O'Connell, as to an undivided one-half interest, whereas, Harold A. O'Connell died testate May 26, 1975, and by his Last Will and Testament recorded in Will Book 201 at Page 96, devised his interest to his executor Anthony M. O'Connell, Trustee; whereas Anthony M. O'Connell, Trustee, could not qualify and Herbert A. Higham, Trustee, was appointed to act in his place and stead.

If there is anything in the Court records that would justify what this deed says, that I could not qualify as Trustee, would you please have copies sent to me?

Please tell me what the issue is in “Re: Harold A. O’Connell”.

Sincerely,

Anthony O'Connell, Trustee

********** 7 ********

Anthony O'Connell, Trustee
439 S. Vista del Rio
Green Valley, Arizona 85614
January 11, 2013
anthonymineroconnell@gmail.com

Chief Judge Dennis J. Smith
Nineteenth Judicial Circuit of Virginia
Fairfax County Court House
4110  Chain Bridge Road
Fairfax, Virginia 22030-4009

Reference:
(1) Response to Summons
(2) Re: Harold A. O’Connell(?), CL-2012-13064; Lien, Summons, Injunction, Notice, Order

The Honorable Chief Judge Dennis J. Smith:

I responded to the summons within the required 21 day time period; on September 22, 2012, with one item, and on September 24, 2012, with seventeen items.

September 22, 2012, with one item:
(1) overview62p

September 24, 2012, with seventeen items:
(1) 545820-23p
(2) bk467p191-8p
(3) blueprint4p
(4) canweconnectthedots2p
(5) codeofconduct-18p
(6) commitments-individually8p
(7) computer-tax-test35p
(8) exceptions1994dissappeared
(9) exceptions2000dissappeared
(10) overview72p
(11) percentages12p
(12) precedence17p
(13) taxrecords94p
(14) trust-deed-invisible175p
(15) trust-documents42p
(16) unknown14p
(17) useirs15p

I don’t understand why there was no response from the law firm or from the Court from my response to the Summons except:

  “5. As of the date of the filing of this Motion [September 28, 2012], Defendant Sheila O'Connell has been served with the Complaint and the time period for her to file an answer is pending. Upon information and belief, Defendant Anthony M. O'Connell has filed a response to the Complaint, which consisted of a one-page letter directed to the Clerk of Court, and the filing of numerous documents and records containing his annotations. “
(From the injunction dated 2012.09.28)

“RE: In Re: Harold A O'Connell, CL-2012-13064
Dear Mr. O'Connell:
I have received your letter regarding the Notice of Scheduling Conference you
received in case CL 2012 -0013064. Th,is is indeed a valid notice from our court .'
provided. so that you would be aware of a Scheduling Conference at which we will, if" .
appropriate, set a trial date and enter a scheduling order in accordance with the Uniform
Pretrial Scheduling Order adopted by the Supreme Court of Virginia. No evidence will
be taken at that time as this is only a hearing to establish the schedule for the orderly
processing of the case.

As for accountability for the notice, it clearly indicates that it is sent by the judges
of the circuit court and provides you with a phone number at which you can contact our
case management staff with regard to the Scheduling Conference. We would not send
out a notice indicating that you can contact the judges directly as such contact is
inappropriate.

Your letter also indicates that you do not know what issues are raised in the case
but our records indicate that you have responded to the Complaint which sets out the
Plaintiff's allegations and prayer for relief so I therefore assume that you are acquainted
with the issues which have been raised.
As to whether the Plaintiff's allegations are
true or merit relief, these issues will not be dealt with at the December 4,2012
Scheduling Conference but are instead decided in the course of later proceedings or
after a trial at which each side has had an opportunity to present evidence in the form of
documents or testimony and make arguments as to the proper disposition of the issues.
You also request that our court take certain actions, but please note that Judges
take actions based upon pleadings which are properly filed, and even then, only after
each interested party has had an opportunity to respond and be heard on the request.
Sending a letter to a judge is not filing a pleading in a case as pleadings are properly
filed with the Clerk of Court. Additionally, copies of anything sent to the Court for filing
must be provided to all other interested parties. As your letter does not indicate copies
were sent to the other parties I will provide them with a copy of your letter and this
response.
Finally, with regard to your participation in the Scheduling Conference at 8:30
a.m. on December 4,2012, this is a civil case and it is your choice as to whether you
participate in this administrative hearing or any further hearings. If you do not appear,
the Court will proceed to establish scheduling without your input. We will, however,
send you a copy of any Order that is entered at that hearing.
Sincerely Yours, [Chief Judge Dennis J. Smith] “
(From Chief Judge Dennis Smith's letter to Trustee Anthony O’Connell of November 27, 2012)

Would you please have your people look at the evidence I sent in response to the Summons and then explain why I was required to appear in Court on December 4, 2012, and am required to appear in Court on January 25, 2013?

Sincerely,

Anthony O'Connell, Trustee

*********** 8 ************

January 21, 2012
Anthony O’Connell, Trustee
439 South Vista del Rio
Green Valley, AZ 85614
anthonymineroconnell@gmail.com
(no telephone)

Re: Harold A O'Connell and CL 2012-13064

To:
The Honorable Judges of the Nineteenth Judicial Circuit Court
4110 Chain Bridge Road
Fairfax, Virginia, 22030-4009

The Honorable Dennis J. Smith
The Honorable Marcus D. Williams
The Honorable Jane Marum Roush
The Honorable Johnathan C. Thacher
The Honorable R. Terrence Ney
The Honorable Randy 1. Bellows
The Honorable Charles J. Maxfield
The Honorable Bruce D. White
The Honorable Robert J. Smith
The Honorable David S. Schel
The Honorable Jan L. Brodie
The Honorable Lorraine Nordlund
The Honorable Brett A. Kassabian
The Honorable Michael F. Devine

Please don't allow the accountants to use innocent members of the Court and our family as cover.

I cannot appear for my scheduled Court appearance that carries a motion for default judgment, on
January 25, 2013, because, among other things, I:

(1) Have no money to travel from Arizona. I ran out of money paying the taxes on Accotink
(Please see the enclosed copy of my credit card balance)

(2) I don't know what the accountant's issue is in "Re: Harold A O'Connell".

(3) I can't get the evidence needed for a Court appearance, such as exposing the accounting trails
at bk467p191. The issue is accounting and exposing bk467p191 is the evidence. Judgments made
without exposing bk467p191 are judgments made without looking at the evidence, such as those
over the past twenty years.

(4) The accountant's pattern is to use trusting family members as cover. My best guess of what
the accountants would do if I could appear in Court is to use our innocent sister to repeat all the
accusations against me that they have been telling her for twenty years, and the accountants
would want judgments based on this rather than the accounting trails and the rule of law.
This is
not due process.

(5) The accountants have established a wall of confusion and conflict that is impenetrable. It would
not be prudent for me to appear in Court unless the issues are defined and the evidence for the issues
can be obtained beforehand. The present structure makes me dead on arrival; this is not due process.

Background

The CPA Joanne Barnes and the Attorney Edward White make money disappear and cover them
selves by using an innocent family member as an unwitting agent to carry out their agenda. The
evidence is in exposing the accounting trails at Book467page191 in the public record. I've tried
to expose Bk467p191 for twenty years and the reaction has cost me my reputation, my family,
and my solvency.

Exposin,g Bk467p191 would be the turning point, its the law, its common sense, and the public
trusts that its done. Please use your power or call in federal powers that would do it. Please ask
them to (1) protect our family, (2) find out where the money went and (3) untangle the accounting
entanglements holding up the sale of our remaining family real estate that we call Accotink.
Accotink is in a Virginia Land Trust and I am the Trustee.

Our family needs federal protection. The first thing our family needs is to have a federal agent to
personally visit our innocent sister Jean Nader at 350 Fourth Avenue, New Kensington, PA
15068, and tell her, until she understands, and feels safe and is safe, that she is being used by the
accountants.

The terms of the summons and the injunction are for the benefit ofthe accountants and not for our
family; it gives them unlimited control and cover of our family's assets and makes our family
appear at fault. History suggests that the reason the accountants want to replace me with innocent
Jean Nader as Trustee for Accotink is because they can use her as Trustee as they used her as coexecutor
in our mother's estate, to make money disappear.

Choice. If you want to stop accounting fraud expose the accounting trails at bk467p191. If you
don't want to expose accounting fraud, don't expose the accounting trails at bk467p191.

Respectfully, O'Connell, Trustee

Enclosure: Trustee's credit card statement

References:
http://www.judgesfairfaxcounty.com
http://www.alexandriavirginiaI5acres.com
http://www.farmI39.com
http://www.canweconnectthedots.com