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| G RAYMOND GOODWIN, BRENT EVANS, PATTY EVANS, CHARLES PRATT, CHRISTOPHER CROSS, EDWARD BURNS, JOHN GLEASON, JESSE ARAGON, PATTI ARAGON, COLORADO SUPREM |
| 29th of Dec, 2011 by User677533 |
FILED WITH
BRADFORD L BOLTON CLERK
2011 Dec. 27 9:34am
Colorado US Bankruptcy Court UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO The Honorable Judge Michael E. Romero In re: Case No. 11-22535 MER PETER , Chapter 13 Bankruptcy NOTICE OF LETTERS TO CHIEF JUSTICE TALLMAN, CHIEF CLERK BRADFORD BOLTON AND DEPUTY CLERK KELLEY SWEENEY I HEREBY certify that a true and correct copy of the foregoing document was served by electronic transmission, facsimile transmission, and/or U.S. Mail on this Dec. 27, 2011, to the following: Ms. Sally Zeman Chapter 13 trustee [email protected] Ms. Aimee Grimsley, Esq. Deputy trustee [email protected] Raymond Goodwin 7274 South Schaffer Lane Littleton, Colorado 80127 [email protected] US Trustee 999 18th St., Ste. 1551 Denver, CO 80202 [email protected] U.S. Justice Department [email protected] Colorado Supreme Court, Ms. Ashleigh Mason, Mr. David Worstell, Attorneys for James Davis and Ferydoon Asgari Mr. Larry Schneider, attorney for David Jones, S-line Motorsport. /Peter Chief Justice Tallman
Colorado
US Bankruptcy Court
721 19th Street
Denver, Colorado 80202 Ms. Kelley Sweeney
Chief Deputy Clerk,
Colorado US Bankruptcy Court
721 19th Street
Denver, Colorado 80202 RE: Records of 11-22535 Peter December 27, 2011 Dear Chief Justice Tallman, Mr. Bolton,& Ms. Sweeney: First, I want to thank Ms. Sweeney for meeting with me for over an hour on December 23, 2011. She presented a “plausibleâ€explanation to the discrepancies in record keeping, but it was/is all based on two troubling actions: 1.) Ms. Smith was trying to help by making an inaccurate transactional receipt incorrectly memorializing: a)that audionly.com was/is the Creditor when the document shows it as the Debtor; b)No mention of “United†Stanford properties as the Creditor as stated on the document; and c)stating that Peter Coulter as the creditor when the document shows Audionly.com. I believe the consensus is that Ms. Smith should have rejected the document and had Mr. Goodwin amend the alleged mistakes. But, as it stands now, we have a transcript record that does not match the corresponding document. 2) While Ms. Sweeney is convinced that it was an innocent one-time incident, it is followed by another abnormal incident. Four days after I filed an Objection, Mr. Fitzpatrick had to have spoken with Mr. Goodwin and again, instead of requesting/demanding Mr. Goodwin amend the Proof of Claim, he instead:
a)Changes the creditor Audionly.com to United Stanford, giving United Stanford Audionly’s creditor number and b)Removing Audionly.com completely from the creditor’s matrix. Again, I believe the consensus now is that Mr. Fitzpatrick should have requested/demanded that Mr. Goodwin should just have amended his proof of claim. Instead, four days later, Mr. Goodwin files an amended claim. The actions of both Ms. Smith and Mr. Fitzpatrick are contrary to the rules put forth by the Clerk in January, 2011 that PDF files will not be corrected and an amended claim must be submitted. Just as sure as Ms. Sweeney is convinced that the Clerk’s staff is honest; I am just as sure that Raymond Goodwin is a crook. I also have proof that he has forged my signature; he has made official documents disappear out of the Arapahoe County District Court with the help of Head Clerk Tammy Herivel and Magistrate Edward Burns; and with the help of Justice Charles Pratt and Justice Christopher Cross has presented this fraudulent claim of $54,000 that was “orchestrated†as a sham Default Judgment against Audionly.com. To date, Mr. Goodwin’s greed and that of his accomplices have cost me over $2,000,000 in inventory alone and completely destroyed a
viable thriving business. I believe it important to relay one other story so that the Court and the Clerk’s office understand where I am coming from and the importance of me positively knowing that the claims have not been “exchangedâ€. I had purchased the Fan Fair property located at 333 Havana in Aurora from First Federal Savings through Fuller and Company. First Federal requested William Ross do the closing. Don Kortz, Esq., then President of Fuller, assured me that it was OK to have William G. Ross, Esq., the brother-in-law of Malcolm Collier ( the CEO of First Federal Savings) close the deal at First Federal where he worked. Assured by him, I agreed and along with the purchase price, I tendered a cashier’s check to Mr. Ross for the title policy and left the bank believing everything was OK. About a year later, Mr. Kortz called and asked if I would be interested in buying the old Colorado Mine Co. property and I said I was. I put it under contract and my bank wanted the deed to the Fan Fair property as additional collateral. I realized that Fuller had never sent me the deed or title policy and when I called them, they stalled and then told me I needed to talk to Mr. Ross. I tried to call him and his phone had been disconnected that day. No one would talk to me, not the Bank, nor Fuller, nor Stewart Title who said they never received the money from Mr. Ross for the title policy. I filed a complaint with Attorney Regulation of the Colorado Supreme Court (OARC) and spoke with John Gleason who is now the head of that office. I told him the situation and he said he would investigate. He called me back a month later and told me that Mr. Ross had previously been suspended from practicing law for taking funds from one of his clients, a school district, and had not been reinstated. He assured me that they were going to investigate Mr. Ross and get everything straightened out. Two years went by where I lost the building in another sham court ordeal in Arapahoe County where the Court awarded the property to a tax lien holder without going through required notice procedures. I know for a fact now that title companies won’t insure the property because of the way it was handled in Arapahoe County. Mr. Gleason then called me and said they had prosecuted Mr. Ross and that he received a 3 year suspension. I was irate that he made that decision without any consultation with me.[1] When I asked him about the money for the title policy that Mr. Ross had, he informed me that I would have to go after him civilly for those funds. He lastly told me he would send a copy of the decision to me. I kept requesting the decision over the years and never received it. About 6 months ago, I decided to try again to get a copy of the Supreme Court Decision concerning Ross and talked to a person who works at OARC by the name of Kevin. He said he found the decision and E-mailed it to me. But it was not my case. It was another complaint going on at the exact same time against Mr. Ross for representing someone in a minor traffic violation, and Mr. Ross was suspended for 3 years. I notified Kevin that this was another case that was occurring at the same time as mine. He said he would take it up with Mr. Gleason. Then I get an E-mail back from Kevin saying that my case was settled by the Supreme Court and that I was not entitled to see the decision. I asked Kevin to ask Gleason to cite the rule that would not allow me to see a decision that pertained to me. Dead silence. I knew then that Mr. Gleason had buried my request for investigation and had made deals with all the attorneys and parties in my case, including my own attorneys and let Mr. Ross skate. I was livid and wrote a letter to the Supreme Court. (Available on net) Supreme Court Judge Martinez had requested to be retained for another 10 year term and was voted in by a majority of voters in November, 2011. Within a month after I sent that letter to the Supreme Court, Justice Martinez suddenly and
unexpectedly stepped down from the bench less than 8 months after being re-elected. I have been told the reason was because of the issue with myself, John Gleason, and William G. Ross. And the end result for me; the inability to retain proper counsel in the Bankruptcy Court for fear of reprisal. The point being that through the last 15 years I have had to fight not only crooked and criminal persons and entities, I have had to fight a corrupted judicial system in Colorado. And therefore I am very suspect when unusual circumstances with Clerks involving persons like Mr. Goodwin occur here. So again, as sure as Ms. Sweeney is that this Bankruptcy Clerk’s office is honest, I am just as sure of what I have been through with Colorado Courts and the criminal acts of Raymond Goodwin and his associates. It is therefore my suggestion that the Court let a 3rd party, i.e. the U.S. Transcriber and Attorney General’s office, investigate key strokes and logs to make sure the documents currently on record, are correct. And then if the correct record is on file; there has to be some type of amendment for the transaction receipts without deleting them. It assures everyone involved that this Clerk’s office is honest and I believe it would take less than a day to investigate logs and keystrokes. It is my intent to still file an Adversarial Complaint against Raymond Goodwin and his accomplices for Fraud on the Court and Obstruction of Justice for filing what he knows is a sham orchestrated malicious, vexatious claim. It would be better if this current matter were remedied to everyone’s satisfaction before I file that Complaint. My apologies for the diatribe and thank you for your time and consideration in these matters. Sincerely dated this December 27, 2011 Peter Ms. Sweeney: Following, please find some further questions for your consideration: 1.) As stated in the Request for Investigation, Justice Romero’s assistant, Ms. Beatty indicated that I would
need a court order to review my own files, i.e. the two paper proof of claims (Currently listed as 4-1 and 4-2 on the ECF and allegedly filed by Raymond Goodwin on September 14th and November 7, 2011. I want to physically
examine both original documents and make sure that they are not destroyed as Ms. Beatty previously stated, as I believe they are evidence of a crime perpetrated by Mr. Goodwin, Mr. Evans and other accomplices along with at least
one or more members of the U.S. Bankruptcy Court Staff. Will the Clerk make those available and if not, please state a reason. 2) USC44 CHAPTER 29—RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED STATES AND BY THE ADMINISTRATOR OF GENERAL SERVICES In reviewing USCODE Title 44, Chapter 21-33 regarding records of federal agencies: USC44,CHAPTER 29§2901 (14.) defines Federal Agency as used under this section of the Code in regards to records: (14) the term “Federal agency†means any executive agency or any establishment in the legislative or judicial
branch of the Government (except the Supreme Court, the Senate, the House of Representatives, and the Architect of the Capitol and any activities under the direction of the Architect of the Capitol); This definition of Federal Agency therefore includes the Colorado US Bankruptcy Court and the Clerk’s office thereof.
USC44, CHAPTER 31§3101-3107 RECORDS MANAGEMENT BY FEDERAL AGENCIES: § 3105. SAFEGUARDS The head of each Federal agency shall establish safeguards against the removal or loss of records he determines to be necessary and required by regulations of the Archivist. Safeguards shall include making it known to officials and employees of the agency— (1) that records in the custody of the agency are not to be alienated or destroyed except in accordance with sections 3301–3314 of this title, and (2) the penalties provided by law for the unlawful removal or destruction of records.
And section 3106 provides: 3106. UNLAWFUL REMOVAL, DESTRUCTION OF RECORDS The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal,
defacing, alteration, or destruction of records in the custody of the agency of which he is the head that shall come to his attention, and with the assistance of the Archivist shall initiate action through the Attorney General for the
recovery of records he knows or has reason to believe have been unlawfully removed from his agency, or from another Federal agency whose records have been transferred to his legal custody. In any case in which the head of the agency
does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made. The transaction receipts on record for Proof of Claim 4-1 and 4-2 do not match the present documents presented
electronically on file and have been either altered, removed and/or destroyed. Further, the Creditors list has been altered with additions, substitutions, and deletions. I believe there may be other intentional inaccuracies but will not
be able to ascertain that until there has been a full review of the file. Has the Clerk’s office notified the Archivist of the issues with the records in my case per the above cited Code? And if not, please give me a date when you will notify the Archivist. Also, I would like to be kept apprised and notified of
any and all actions of your office concerning this matter. A succinct background is needed for one to realize the importance of the proper handling and filing of these documents and why I am so determined to make sure that Mr. Goodwin and his associates are held accountable here:
I leased a property from Mr. Goodwin and Mr. Evans and associates where I was duped into signing a lease without getting a copy of it. For 7 years while Mr. Evans pretended to be a friend, I kept getting excuses for not providing the lease while still occupying and paying the rent. Finally, in December, 2008, I refused to pay until such time as Mr. Goodwin and Mr. Evans provided me a copy of the lease. Instead of doing that, they instead filed an FED action against me in Arapahoe County Court. I filed an answer, a counter complaint and a cross complaint, a request to move to the District Court and a jury demand and payment of $422, receipted for by the clerk in cash. On January 6, 2009, Mr. Goodwin sent me an E-mail stating that he was Union Stanford’s new counsel, provided two unsigned copies of leases marked exhibit A and B and stated for me to be ready for a jury trial the following day. At the exact same time I filed bankruptcy in order to protect the business. Unknown to me at the time was that Edward Burns, a magistrate in Arapahoe County, and head clerk Tammy Herivel were operating behind the scenes and while I was under the protection of the Bankruptcy Court, electronically removed my request for jury trial, my counter claim and cross claim without telling me. I was unable to observe this because they had “conveniently†disabled the Public Access
Terminal at the Court, violating my right to review my files for over a year until I finally was forced to make an open records request with the Colorado Supreme Court. My bankruptcy was dismissed on March 3, 2009 because I failed to
file a tax return. Actually, I did file it, but with the Court instead of the Trustee and tried to correct it twice but was rejected. Mr. Goodwin immediately set a hearing for the FED in late March. The Clerks did give me a registry of
actions from Eclipse that indicated that there was not a jury trial. I filed a notice on the 18th of March that I had paid for and demanded a jury trial and had paid the requisite fee. The clerk’s office kept telling me that I did not have or pay for a jury trial, nor would they sign a summons for cross-complainant Brent Evans because they said he was not a party even though his name was listed on the original paper answer, counter claim, and cross claim. I then filed a Motion with the Colorado Supreme Court who did not respond until directly after the trial which was held in front of Justice Pratt. Five minutes before the trial, Raymond Goodwin handed me two exhibits marked A and B that he tendered to the Court as the signed leases between Union Stanford and myself. Both were fake and my signature forged on each one.
Justice Pratt would hear none of it, nor my demand for the Jury trial, nor my counter and cross claims and ruled for Union Stanford. I filed for reconsideration providing expert testimony that my signature had been forged and again Justice Pratt denied the Motion and issued the eviction notice. From emails then advanced by Mr. Goodwin; he was going to take immediate possession of the yard and give me one day to move out, after that everything belonged to
him. My choice then was to either crush the cars or give them to Goodwin. Over the next 10 days I crushed 182 cars and parts worth in excess of $1.8M. It became obvious while we were doing this that we spoiled Goodwin and Evans plan to grab the inventory and business and continue on. While we were moving out, an ex-employee, Darryl Patton, who is a
convicted felony sex offender, kept driving by and we couldn’t figure out why. It became apparent when we were finally evicted by the Sheriff. He was there immediately and had obviously had previously signed a deal with Goodwin and Evans only, to all their dismay, everything had been moved out. To add insult
to injury, after they started moving in more wrecked Audis, the City of Sheridan showed up and told them to Cease and Desist as Audionly.com was grandfathered in and there could not be another salvage yard there. Despite the
greed and deceits of Goodwin and Evans, the property has been vacant ever since costing them in excess of $100,000 in rent alone. Back at the Court, Mr. Goodwin was still at work with his Fraud with the help of Justice Pratt, Justice Cross, Magistrate
Edward Burns and head clerk Tammy Herivel. Any documents relating to the Jury trial, payment thereof, the notice filed on the 18th, the Petition to the Supreme Court and their Order had been removed from the files, even though
I had stamped copies that indicated that they had been submitted to the Clerk. Ms. Herivel intercepted them at the direction of Edward Burns and Charles Pratt and never uploaded them onto Eclipse and Lexis-Nexis. She just threw them away. I first attempted to have the Colorado Supreme Court have the records restored per judicial directive of the Supreme Court. They kept referring me back to Ms. Herivel instead of addressing the issue as was required. I then filed a police report with the Arapahoe Sheriff’s Department concerning the stolen documents. The Sheriff’s department went and spoke with Ms. Herivel and she told them that she had found the documents in a box and they would be uploaded onto Eclipse and Lexis Nexus. But that didn’t happen. Ms. Herivel instead produced new documents and did not restore them in the record where they belonged but instead on the date she filed them. You can tell the documents were forged because the Lexis Nexis upload stamp was under the Court stamp and the times were backwards making the filing impossible. She refused to correct it and never did upload the Court Order from the Colorado
Supreme Court. All during this time, Goodwin is having hearings with Justice Pratt without me being there. At one point, after Justice Pratt had disallowed Audionly.com to be a part of the trial, he then allowed Goodwin to bring Audionly into the case without leave, and one year after judgment had been rendered. Goodwin and Evans are as corrupt in the Arapahoe County District court as he is here filing false and fraudulent documents, only there, the Court and the Clerk’s office was complicit with them and helped him with his Fraud on the Court and Obstruction of Justice. There were numerous other bizarre and egregious rulings including one that was made by Justice Christopher Cross during the half time of Super bowl Sunday where again Ms. Herivel intentionally delayed uploading a response to a Motion by Goodwin until after the Super bowl ruling. Further, the ruling was made before the time limit for Audionly to respond. The result, Evans was removed as a party to the suit as of half time of Super bowl Sunday. And now for the part that relates the Arapahoe County Case to Mr. Goodwin’s and Mr. Evans’ fraud on the Court and Obstruction of justice here. The original amount claimed by Union Stanford of Audionly.com was under $10,000. Of course Audionly was never served and Judge Pratt disallowed them to participate in the trial. Then Justice Pratt and Mr. Goodwin bring Audionly back into the case one year after the judgment and allow Mr. Goodwin to file an amended complaint. I respond and the Court denies strikes my response because he says I cannot represent Audionly.com because contrary to Union Stanford’s complaint, the amount is over $10,000 and as an officer of the company I still cannot represent them. Mr. Goodwin then files a Motion for default judgment against Audionly for failing to respond for $55,465.13 even though the statute says that a default judgment cannot be awarded for more than was initially pled and attorney fees cannot be added in. That didn’t concern Judge Pratt (despite detailed briefs and case law) and he awarded the $55,465.13 default judgment against Audionly.com in favor of Union Stanford Properties. It was then that I realized that I was going to get railroaded by the Colorado Courts and filed for bankruptcy listing Union Stanford Properties as a Creditor. Then, as usual, Mr. Goodwin and Mr. Evans hid in the shadows, directing traffic through Mr. Davis counsel, hoping the case would be dismissed before he had to file some type of claim. Out of time, he filed a proof of claim under Audionly.com stating that he was representing it and claiming the $55,465.13 that he had fraudulently been awarded by Justice Pratt hoping I wouldn’t see it. (As usual, Mr. Goodwin never sent me notices of documents he has filed. It was so prevalent in Arapahoe County, that I had to call the clerk’s office every day and see if he filed something and then run
down to the Court and pay $.25 per page. And of course he knew I couldn’t check on the Public Access Terminals because Tammy Herivel and Edward Burns had disabled them.) His obvious intention was to fraudulently file a false claim and collect $55,465.13. Goodwin and Evans obviously panicked when I finally saw the fraudulent claim and filed an objection on October 28, 2011. He immediately went into action and with the help of person or persons within the
bankruptcy court was able to pull the original fraudulent claim naming Audionly.com as the Creditor with Goodwin’s law firm as representative for $55,465.13, the exact same amount awarded by Justice Pratt, with Peter Coulter as Debtor.
This is evidenced by the transaction receipt of Ms. Smith. Mr. Goodwin with the help of someone inside the clerk’s office was able to manipulate, remove and forge Court stamps to change the Creditor from Audionly to United Stanford properties, place a forged Court Clerk filing stamp, remove the original document and place the forged document in its place. The purpose being to that he could then file an amended proof of claim showing only that the “United†had been changed to “Unionâ€. Goodwin still professes that the $55,465.13 originally awarded by Judge Pratt against Audionly.com is now owed instead to Union Stanford. As pointed out in the original request for investigation, Mr. Goodwin wasn’t planning on me being able to access the transaction receipts which uncovered his criminal acts and those of his accomplices. Parties who file false proof of claims, which includes those who aid and abet their criminal activities including the manipulation of official Court Documents, are subject to prosecution under the code. I would submit that Brent Evans, Tammy Herivel, Judge Charles Pratt, Judge Christopher Cross (the Super bowl judge) and Magistrate Edward Burns all aided and abetted Mr. Goodwin in these actions and should be submitted to the same investigation and prosecution as G. Raymond Goodwin; as well as any US Bankruptcy personnel that aided and abetted in these crimes. Sincerely dated this 22nd day of December, 2012, Peter cc Ms. Sally Zeman, Trustee
Ms. Grimsley, Deputy Trustee
Ms. Deborah Beatty
US Trustee
US Justice Dept.
Federal Bureau of Investigation
US Supreme Court
Ashleigh Mason, Atty. for James Davis
David Worstell, Atty. for James Davis
Brent Evans
Raymond Goodwin, Esq.
Judge Charles Pratt
Judge Christopher Cross
Magistrate Edward Burns
Tammy Herivel, Head Clerk, Arapahoe County Hard copy hand delivered to Chief Justice Tallman, Mr.Bradford Bolton and Ms. Kelley Sweeney via Bankruptcy Court Clerk
December 27, 2011 AM 9:34 [1] At the time, the Colorado Supreme Court was changing the rules for attorney regulation and held a pblic hearing in the Supreme Court. I was the only non lawyer to submit a brief and speak. I told the Supreme Court then that Mr.
Gleason (not knowing what I know now) was a “gate-keeper†who could decide whose cases went to the Court and whose did not. It has turned out to be a nightmare for certain attorneys who don’t go along with the system. I met Mr. Gleason (who was speaking in favor of the new rules) at that hearing and again reminded him to send me a copy of the decision for Mr. Ross. [2] I was rebuked by 9 separate bankruptcy attorneys. I don’t blame them. I have seen what these people are capable of, attorneys or not. |
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