The public needs a free press to show how this accounting fraud works. Their signature cover is to divide and destroy the family they victimize.

 

$518,903

1,475 - 816 = 659 entanglement
$545,820 - $26,917 = $518,903 disappears

The CPA Joanne Barnes and the lawyer Edward White make money disappear and use our trusting sister as unwitting cover. A cash payment of $545,820.43 is made to our Mother's estate from the premature payoff of Lynch Note 1 on April 21, 1992. But only the interest of $26,917.17 is reported. The difference of $518, 903.26 disappears. Use this as a reality check. Follow the trail.  $545,820.43 less $26,917 always equals $518,903.26.
If you are not totally convinced of this trail, this is a good place to stop.

Using a trusting family member under the guise of a fiduciary relationship to divide, destabilize, and destroy the family, appears to be the perfect cover. The B&K law firm who "represents" our trusting sister Jean Nader has created an avalanche of motions, petitions, injunctions and the like in the Court records, that makes our family appear as a battleground.

How many frame-ups, character assassinations, and other kill the messenger tools does it take for $545,820.43 less $26,917 to not equal $518,903.26? I've been targeted for thirty-three years with no end in sight for try to expose accounting fraud. It will kill me unless some power decides to enforce the rule of law. See 1985 CPA in the menu above. Judge Brent Kavana is lamented and protected for being targeted for several weeks.





(above)  The Commisioner of Accounts approved this page
of our Mother's First Estate Account on March 20, 1993.


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.
32. It is in the best interests of the beneficiaries of the Harold Trust that, upon the sale of the Property, the net sale proceeds be distributed in an orderly and expedient manner. Based on Anthony's actions, he is not the proper individual to fulfill the trustee's duties in administering the Harold Trust.
33. The removal of Anthony as trustee best serves the interests of the beneficiaries of the Harold Trust.





(above two pages) Schedule F
Schedule F of our Mother's second amended estate account to the IRS includes two things:

(1) It shows that Lynch Note 1 is still being reported to the IRS as late as April 10, 1995, despite the fact that it was paid off in full on April 21, 1992. Lynch Note 1 disappeared between the first and second Court Accounts. Click menu item $518,903/1st-2nd accounts 23p above.

(2) It shows two of the three numbers creating the accounting entanglement 1,475 - 816 = 659.  The third number, 1,475, is in the Trust's seventh account. All were created by the CPA Joanne Barnes and the lawyer Edward White. Edward White frames me with it (The K-1 filed by the Trust showed a payment of $816.00 in interest to the estate. You sent a check in the amount of $1475.97 to the estate. What was the remaining $659.97? Do I have this confused with the tax debt/credit situation which ran from the Third Accounting?). The CPA and lawyer are never held accountable for their accounting. www.book467page191money.com

 

*************************************************************************************

I believe the accounting entanglement 1,475 - 816 = 659 was created to cover up and divert attention from the disappearance of the $518,903 and make it appear as my fault.. But I have brought so much attention to 1,475 - 816 = 659 that it's become a beacon to the missing $518,903 instead of a cover. I believe that is why Commissioner of Accounts Jesse B. Wilson, III, made a fraudulent Report to the Judges over it and the B&K law firm made a frauduent Complaint against against me removing me as Trustee.

They poison your family while the State looks the other way.

I believe the 1,475 - 816 = 659 trail, made to appear as my fault, was intended to cover and divert attention from the $545,820 - $26,917 = $518,903 trail. But I have brought so much attention to 1,475 - 816 = 659 that it's become a beacon to the missing $518,903 instead of a cover. And that is why Commissioner of Accounts and the B&K law firm (Who "represents" our trusting sister Jean Nader) don't want 1,475 - 816 = 659 recognized, and attack me for trying to get it recognized.

I believe this is why those in control do not want Schedule F to be recognized and attack me for trying to get it recognized. Compare my actual 12th account to Commissioner of Accounts Jesse B. Wilson III's fraudulent Report to the Judges making my actual 12th account made to appear as mine. My actual 12th account disappearred after being receiced by the Commisioner of Accounts. Click "$518903/true-false52p" above.

Using a trusting family member under the guise of a fiduciary relationship to divide, destabilize, and destroy the family, appears to be the perfect cover. There is an avalanche of motions, petitions, injunctions and the like in the Court records that makes our family appear as a battleground. I've been character assassinated and set up since 1985 (click "1985 CPA").

Why has no authority confronted the fraudsters? It's stonewalled. Starting with my writing the Virgina Bar in 1992? It's stonewalled. The only chance the public has against the fraudsters is to encourage journalists and the media to show how they work. Or use my websites directly. It could be that no journalist or media will confront them for fear of retaliations.  And for good reason. There is no known limit to the fraudsters reach and power. www.tucsonva.com

1,475 - 816 = 659

If you recognize how the 1,475 - 816 = 659 was created, I believe you will recognize that it was intended how the 545,820 - 26,917 = 518,903 was created; And that is why Commissioner of Accounts Wilson and the B&K law firm don't want 1,475 - 816 = 659 recognized, and attack me for trying to get it recognized.

The key to exposing the accounting trails at bk467p191 for our Mother's Estate and finding out where the money went is to expose these items approved by the Commissioner of Accounts Jesse Wilson:

"Int fm Harold O'Connell Trust  ............................... 816.00 "(Estate accounting at Book 467 page 192)
"Debt fm Harold O’Connell Trust ............................ 659.97 "(Estate accounting at Book 467 page 192)
"Payable to the Estate of Jean O'Connell ............. $1,475.97" (Trust accounting at Book 480 page 1768)

The CPA Joanne Barnes created this ese and they create the accounting entanglement 1,475.97 - 816.00 = 659.97 between the Estate and a Trust. The Attorney Edward White, co-executor for the Estate, makes it appear as if the Trustee did it:



(above) Schedule F and page 16 of my actual 12th account.


(above) Schedule F and page 17 of my actual 12th account.


(above) Is it fair to say I was removed as Trustee for pointing out in the public record at book 467 page 192
"Debt fm Harold O'Connell Trust  . .. . . 659.97"?


(above) Is it fair to say I was removed as Trustee for pointing out in the public record
at book 467 page 192 Debt fm Harold O'Connell Trust  . .. . . 659.97?
I believe items 32 and 33 show they want me gone because I look at the accounting closely and try to stop them from making money disappear and from tearing our family apart to protect themselves. The public should know that the only protection they have is to recognize the patterns before it's too late. History suggests government will continue to protect the fraudsters instead of the public.

*  *  *  *  *              *  *  *  *  *                 *  *  *  *  *

 1

Frame Trustee with 1,475 - 816 = 659

(The CPA Jo Anne Barnes and lawyer Edward White created it)

1992.05.19   (Edward White to Anthony O'Connell, c/o E.A. Prichard, copy to Jean Nader) aka "Blueprint"
"In your letter of May 6 to Jean you asked that I communicate with you with regard to the Harold O'Connell Trust.
I am trying to prepare the estate tax, and as usual in these cases, there are problems trying to understand the flow of debts and income.
I do have a few questions which are put forward simply so that the figures on the Trust's tax returns and accounting will agree with the estate's.
1. The K-1 filed by the Trust for 1991 showed income to your mother of $41,446.00. The Seventh Accounting appears to show a disbursement to her of $40,000.00 plus first half realty taxes paid by the trust for her and thus a disbursal to her of $1794.89. If these two disbursals are added the sum is $41,794.89. This leaves $348.89 which I cannot figure out. It could well be a disbursal of principal and not taxable.
2. The K-1 filed by the Trust showed a payment of $816.00 in interest to the estate. You sent a check in the amount of $1475.97 to the estate. What was the remaining $659.97? Do I have this confused with the tax debt/credit situation which ran from the Third Accounting?
3. On the Seventh Accounting "Income per 7th Account" is shown as $5181.71, but I cannot figure that one out either.
I am of the opinion that the estate owes the trust for the second half real estate taxes from September 15, 1991 through December 31, 1991 in the amount of $1052.35. This is shown on your accounting a disbursed to the heirs. Should this be paid back to the heirs or to the Trust?
I believe that the income received from the savings accounts from September 15 to the date the various banks made their next payment to the Trust (9/30 and 9/21) should be split on a per diem basis, since the Trust terminated on her death. This will be a small amount of course.
Are there any other debts which your Mother owed the Trust?
I realize that Jo Ann Barnes prepared this and if you authorize it I can ask her to help me out.
Please understand that I have no problem with the Accounting, I m just trying to match things up. In the long run, since the beneficiaries are the same, the matter is academic. Please send the bill for the appraisal whenever you receive it. Jean is filing the Fairfax form for re-assessment in her capacity as a co-owner in order to give us a better basis to get this assessment changed and to meet the county's deadline. It will state that the appraisal you have ordered will follow. I think this will be to all of your benefit in the long run.
Sincerely, Edward J. White"

 

 2

Cover up by fradulent report

Cover up 1,475 - 816 = 659 by fraudulent Report to the Judges
1,475 - 816 = 659 and my actual 12th trust account
(The Commisioner had previously approved each number of 1,475 - 816 = 659)
Small numbers are used to create the accounting entanglements to make them appear insignificant,
as if the issue were the amount. The issue is that they entangle.  The accounting trails at www.book467page191money.com are covered with accouting entanglements using small numbers.
Compare my actual 12th account to the fraudulant report of it.  See menu $518,903/true and false 52p.

2000.08.08   (Jesse Wilson's Report to the Judges) 
"To the Honorable Judges of Said Court:
RE: Estate of Harold A. OConnell, Trust
Fiduciary No. 21840
1. By a Tenth Account duly filed herein and approved by the undersigned on August 25, 1995, the trustee herein, Anthony M. 0'Connell, properly accounted for all of the remaining assets reported as being assets of the trust created by the will of Harold OConnell and reported a zero balance on hand. A copy of said account is filed herewith as Exhibit 1.
2. By an Eleventh Account, Anthony M. OConnell, trustee, again reported zero assets on hand and no receipts or disbursements. A copy of said account is filed herewith as Exhibit 2.
3. Both the Tenth and Eleventh accounts carried the notation "This is not a final account".
4. In the ordinary case, an account which shows the distribution of all remaining assets is filed as a Final Account, and its approval terminates the fiduciary's responsibility to the Court and permits the Commissioner of Accounts to close the file.
5. The said trustee has also filed a Twelfth Account in which he reports as an asset $659.97 "due from the Estate of Jean M. OConnell".  A copy of that "account" is enclosed herewith as Exhibit 3.
6. The Estate of Jean M. OConnell, deceased, Fiduciary No. 49160, was closed in the Commissioner of Accounts office after approval of a Final Account on May 31, 1994.
7. The said $659.97 was the subject of correspondence between the said trustee and Edward J. White, attorney and co-executor of the estate of Jean M. OConnell, copies of which are attached hereto as Exhibits 4 and 5. In his letter,
Exhibit 5, the trustee explains that the $659.97 is part of a net income payment of $1,475.97 which the trust owed the estate of Jean M. OConnell. In that same letter, the trustee states that "At this point in time, I believe Mr. Balderson and I are of one mind that the estate does not owe the trust and the trust does not owe the estate".
Mr. Balderson was a CPA for the estate. Both of these letters were provided to the Commissioner of Accounts by the trustee in support of his "Twelfth Account".
8. The trustee also provided the Commissioner with a copy of a page from a "Jean M. OConnell estate tax analysis" which shows $659.97 under "Assets" of that estate as "Debt from Harold OConnell Trust".  A copy of that page is attached as Exhibits 6.
From a review of this information the Commissioner finds that there is no evidence to support an assertion by the trustee that the $659.97 is an asset of the trust. To the contrary, it appears that either it is not a debt at all, or, from the estate's point of view, it was money owed by the trust to the estate, i.e. an asset of the estate of Jean M. OConnell. That estate has been closed for more that six years.
Accordingly, the foregoing Eleventh Account of Anthony M. OConnell, Trustee has been marked a "Final Account" by the undersigned and is hereby approved as a Final Account in the trust under the will of Harold A. OConnell and is filed herewith.
In the event that the trustee is successful in recovering $659.97 or any other funds which are proper trust assets to be accounted for, such may be reported to the Commissioner of Accounts by an Amended Inventory and, thereafter, accounted for by proper accounts.

GIVEN under my hand this 8th day of August, 2000.
Respectfully submitted,
Jesse B. Wilson, III 
Commissioner of Accounts
Fairfax County, Virginia
JBW:jcs
Enc.: Exhibits, 1 - 6
cc: Anthony M. OConnell, Trustee"
(See the exhibits in the pdf reference)

3

Cover up by fraudulent complaint

(I believe the B&K law firm says, in so many words, that I should be
removed as Trustee for trying to get 1,475 - 816 = 659 recognized
My Deed as Trustee is mentioned but as if it were of no significance (item 10)

 

COMPLAINT
COMES NOW the Plaintiff, Jean Mary O'Connell Nader, by counsel, and brings this action pursuant to § 26-48 and 55-547.06 of the Code of Virginia (1950, as amended) for the removal and appointment of a trustee, and in support thereof states the following.
Parties and Jurisdiction
1. Plaintiff Jean Mary O’Connell Nader ("Jean") and *Defendants Anthony Miner O’Connell ("Anthony") and Sheila Ann O'Connell ("Sheila") are the children of Harold A. O’Connell ("Mr. O’Connell"), who died in 1975, and Jean M. O'Connell ("Mrs. O'Connell"), who died on September 15, 1991.
2. The trusts that are the subject of this action are: (a) the trust created under the Last Will and Testament of Harold A. O'Connell dated April 11, 1974, and admitted to probate in this Court on June 18, 1975; and (b) a Land Trust Agreement dated October 16, 1992, which was recorded among the land records of this Court in Deed Book 8845 at Page 1449.
3. Jean, Sheila, and Anthony are the beneficiaries of both of the trusts and, therefore, are the parties interested in this proceeding.
Facts
4. During their lifetimes, Mr. and Mrs. O'Connell owned as *tenants in common a parcel of unimproved real estate identified by Tax Map No. 0904-0 1-00 17 and located near the Franconia area of Fairfax County, Virginia and consisting of approximately 15 acres (the "Property").
5. After his death in 1975, a 46.0994% interest in the Property deriving fiom Mr, O'Connell's original 50% share was transferred to a trust created under his Last Will and Testament (the "Harold Trust"), of which Anthony serves as trustee. A copy of the Last Will and Testament of Harold A. O'Connell is attached hereto as Exhibit A.
6. Mrs. O'Connell held a life interest in the Harold Trust and, upon her death in 1991, the trust assets were to be distributed in equal shares to Jean, Sheila, and Anthony as remainder beneficiaries. Although other assets of the Harold Trust were distributed to the remainder beneficiaries, the trust's 46.0994% interest in the Property has never been distributed to Jean, Sheila, and Anthony in accordance with the terms of the Harold Trust.
7. After Mrs. O'Connell's death, her 53.9006% interest in the Property passed to Jean, Sheila, and Anthony in equal shares, pursuant to the terms of her Last Will and Testament and Codicil thereto, which was admitted to probate in this Court on December 10, 1991.
8. Thus, after Mrs. O'Connell's death, Jean, Sheila, and Anthony each owned a 17.96687% interest in the Property, and the Harold Trust continued to own a 49.0994% interest in the Property.
9. By a Land Trust Agreement dated October 16, 1992, Jean, Sheila, and Anthony, individually and in his capacity as trustee of the Harold Trust, created a Land Trust (the "Land Trust"), naming Anthony as initial trustee. A copy of the Land Trust Agreement is attached hereto as Exhibit B and incorporated by reference herein. The Harold Trust, Jean, Sheila, andAnthony (individually) are the beneficiaries of the Land Trust.
10. The Property was thereafter conveyed by Jean, Sheila, and Anthony, individually and as trustee of the Harold Trust, to Anthony, as trustee of the Land Trust, by a Deed dated October 16,1992 and recorded on October 23,1992 in Deed Book 8307 at Page 1446 among the land records for Fairfax County.
11. As trustee under the Land Trust, Anthony was granted broad powers and responsibilities in connection with the Property, including the authority and obligation to sell the Property. Paragraph 4.04 of the Land Trust Agreement states, in part, as follows:
If the Property or any part thereof remains in this trust at the expiration of twenty (20) years from date hereof, the Trustee shall promptly sell the Property at a public sale after a reasonable public advertisement and reasonable notice thereof to the Beneficiaries.
12. To date, the Property has not been sold, and the Land Trust is due to expire on October 16,2012.
13. According to Paragraph 9.03 of the Land Trust Agreement, the responsibility for payment of all real estate taxes on the Property is to be shared proportionately by the beneficiaries. However, if a beneficiary does not pay his or her share, the Land Trust Agreement provides: The Trustee will pay the shortfall and shall be reimbursed the principal plus 10% interest per annum. Trustee shall be reimbursed for any outstanding real estate tax shares or other Beneficiary shared expense still owed by any Beneficiary at settlement on the eventual sale of the property.
14. For many years, Jean sent payment to Anthony for her share of the real estate
taxes on the Property. Beginning in or about 1999, Anthony refused to accept her checks because they were made payable to "County of Fairfax." Anthony insisted that any checks for the real estat'k taxes be made payable to him individually, and he has returned or refused to forward Jean's checks to Fairfax County. Under the circumstances, Jean is unwilling to comply with Anthony's demands regarding the tax payments.
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.
16. In 2007, Anthony received a reasonable offer from a potential buyer to purchase the Property. Upon information and belief, Anthony became convinced of a title defect with the Property that, in his opinion, was an impediment to the sale of the Property. A title commitment issued by Stewart Title and Escrow on April 24,2007, attached hereto as Exhibit C, did not persuade Anthony that he, as the trustee of the Land Trust, had the power to convey the Property. Because of this and other difficulties created by Anthony, the Property was not sold.
17. Since 2007, it appears the only effort put forth by Anthony to sell the Property has been to post it for sale on a website he created, http://www.alexandriavirginial5acres.com
18. Since 2009, Anthony has failed to pay the real estate taxes for the Property as required by the Lhd Trust Agreement. Currently, the amount of real estate tax owed, including interest and penalties, is approximately $27,738.00.
19. Anthony has stated that he purposely did not pay the real estate taxes in order to force a sale of the Property and clear up the alleged title defects.
20. Since the real estate taxes are more than two years delinquent, Anthony's failure to pay may result in a tax sale of the Property. Anthony was notified of this possibility by a notice dated October 26, 201 1, attached hereto as Exhibit D. In addition to the threatened tax sale, the Land Trust is incurring additional costs, including penalties, interest, and fees, that would not be owed if Anthony had paid the real estate taxes in a timely manner.
21. In May 20 12, Jean, through her counsel, wrote a letter to Anthony requesting that he cooperate with a plan to sell the Property or resign as trustee. To date, Anthony has not expressed a willingness to do either, and still maintains that the alleged title defect and other "entanglements" must be resolved before any action can be taken towards a sale of the Property.
Count I: Removal of Anthony O'Connell as Trustee of Land Trust
22: The allegations of paragraphs 1 through 21 are incorporated by reference as if fully stated herein.
23. As trustee of the Land Trust, Anthony has a fiduciary duty to comply with the terms of the trust agreement, to preserve and protect the trust assets, and to exercise reasonable care, skill, and caution in the administration of the trust assets.
24. Anthony has breached his fiduciary duties by his unreasonable, misguided, and imprudent actions, including but not limited to, his failure to sell the Property and non-payment of the real estate taxes on the Property.
25. The breaches of duty by Anthony constitute good cause for his removal as trustee of the Land Trust.
WHEREFORE, Plaintiff Jean Mary O'Connell Nader prays for the following relief:
A. That the Court remove Anthony Minor O'Connell as trustee under the Land Trust Agreement dated October 16, 1992, pursuant to 26-48 of the Code of Virginia (1950, as amended);
B.That all fees payable to Anthony Minor O'Connell under the terms of the aforesaid Land Trust Agreement, including but not limited to, the trustee's compensation under paragraph 9.01, and all interest on advancements by the trustee to the trust for payment of real estate taxes pursuant to paragraph 9.03, be disallowed and deemed forfeited;
C.That all costs incurred by Plaintiff Jean Mary O'Connell Nader in this action, including reasonable attorneys' fees, be paid by the Land Trust; and
D.For all such further relief as this Court deems reasonable and proper.
Count 11: Removal of Anthony O'Connell as Trustee of the Trust under the Will of Harold A. O'Connell
26. The allegations of paragraphs 1 through 25 are incorporated by reference as if fully stated herein.
27.The terms of the Harold Trust provide that, upon the death of Mrs. O'Connell, the assets are to be distributed to Jean, Sheila, and Anthony in equal shares. Notwithstanding the terms of the Harold Trust and the provisions for its termination, Anthony entered into the Land Trust Agreement in his capacity as trustee of the Harold Trust. As a result, upon the sale of the Property, Anthony can exercise greater control over the Harold Trust's share of the sale proceeds than if the parties held their beneficial interests in their individual capacities.
28, Other than its status as beneficiary of the Land Trust, there is no reason for the continuation of the Harold 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.
32. It is in the best interests of the beneficiaries of the Harold Trust that, upon the sale of the Property, the net sale proceeds be distributed in an orderly and expedient manner. Based on Anthony's actions, he is not the proper individual to fulfill the trustee's duties in administering the Harold Trust.
33. The removal of Anthony as trustee best serves the interests of the beneficiaries of the Harold Trust.
        WHEREFORE, Plaintiff Jean Mary O'Connell Nader prays for the following relief:
A. That the Court remove Anthony Minor O'Connell as trustee under the Last Will and Testament of Harold A. O'Connell, pursuant to § 55-547.06 of the Code of Virginia (1 950, as amended);
B.That all costs incurred by Plaintiff Jean Mary O'Comell Nader in this action including reasonable attorneys' fees, be awarded to her in accordance with § 55- 550.04 of the Code of Virginia (1950, as amended); and
C. For all such further relief as this Court deems reasonable and proper.
Count 111: Appointment of Successor Trustee
34. The allegations of paragraphs 1 through 33 are incorporated by reference as if fully stated herein.
35. Jean is a proper person to serve as trustee of the Land Trust in order to sell the Property on behalf of the beneficiaries of the Land Trust, and she is willing and able to serve in such capacity.
36. The best interests of the beneficiaries would be served if the Land Trust is continued for a sufficient period of time to allow the successor trustee to sell the Property, rather than allowing the Land Trust to terminate on the date specified in the Land Trust Agreement. Each of the individual beneficiaries of the Land Trust is age 70 or above, and it would be prudent to sell the Property during their lifetimes, if possible, rather than leaving the matter for the next generation to resolve.
37. Jean is a proper person to serve as trustee of the trust created under the Last Will and Testament of Harold A. O'Connell, and she is willing and able to serve in such capacity.
WHEREFORE, Plaintiff Jean Mary O'Connell Nader prays for the following relief:
A. That Plaintiff Jean Mary O'Connell Nader be appointed as successor trustee under the aforesaid Land Trust Agreement, with the direction to sell the Property upon such terms and conditions as this Court deems reasonable and appropriate, including, but not limited to, fixing a reasonable amount as compensation of the successor trustee for her services;
B. That the term of the Land Trust be continued for a reasonable time in order to allow for the sale of the Property;
C. That Plaintiff Jean Mary O'Connell Nader be appointed as successor trustee under the Last Will and Testament of Harold A. O'Connell for all purposes, including distribution of the net proceeds of the sale of the Property that are payable to such trust;
D. That all costs incurred by Plaintiff Jean Mary O'Connell Nader in this action, including reasonable attorneys' fees, be paid by the Land Trust; and
E. For all such further relief as this Court deems reasonable and proper.



2013

Fraudulant Order
Seventeen of my eighteen responses to the Complaint disappeared after being received by the Court.
Ignoring my deed as Trustee since 1992 is ignored.

Order
January 25, 2013
VIRGINIA:
IN THE CIRCUIT COURT OF FAIRFAX COUNTY
JEAN MARY O'CONNELL NADER, Plantiff
v ANTHONY MINER O'CONNELL,
Individually and in his capacity as
Trustee under a Land Trust Agreement
Dated October 16, 1992 and as
Trustee under the Last Will and
Testament of Harold A. O'Connell, et al.
Defendants.
Case No. 2012-13064
ORDER
THIS CAUSE eame on to be heard upon the motion of the Plaintiff, Jean Mary
O'Connell Nader, by counsel, for summary judgment pursuant to Va. Sup. Ct. Rule 3:20; upon
the reply to the motion filed by Sheila Ann O'Connell, pro se; and upon the argument of counsel;
and
IT APPEARING TO THE COURT as follows:
1. The material facts set forth in the Complaint filed by Plaintiff in this action are
deemed to be admitted by Defendant Anthony M. O'Connell pursuant to Va. Sup. Ct. Rule
1:4(e);- based on the failure of Defendant Anthony M. O'Connell to deny such facts in the
responsive pleading filed by him, entitled "Response to Summons Served on September 8,
2012.
"
2. In her Answer to the Complaint and Reply to Motion for Summary Judgment, the
remaining party-in~interest, Defendant Sheila Aim O'Connell, agrees with the facts set forth in
the Complaint and the relief requested by Plaintiff.
3. Because there are no material facts in dispute in this action and the facts alleged
in the Complaint support the relief requested therein, summary judgment pursuant to Va. Sup.
IT IS THEREFORE ORDERED:
A. That judgment in favor of Plaintiff Jean Mary O'Connell Nader as to Count I of
the Complaint be, and hereby is, granted; that Anthony Miner O'Connell is hereby removed as
trustee under the Land Trust Agreement dated October 16, 1992, pursuant to Va. Code § 64.21405
(formerly Va. Code § 26-48), effective immediately; and that all fees payable to Anthony
Minor O'Connell under the terms of the Land Trust Agreement, including but not limited to, the
trustee's compensation under paragraph 9~01, and ll interest on advancements by the trustee to .
the trust for payment of real estate taxes pursuant to paragraph 9.03; are hereby disallowed and
deemed forfeited;
B. That judgment in favor of Plaintiff Jean Mary O'Connell Nader as to Count II of
the Complaint be, and hereby is, granted; that Anthony Minor O'Connell is hereby removed as
trustee of the trust created under the Last Will and Testament of Harold A. O'Connell, pursuant
to Va. Code § 64.2-759 (formerly Va. Code § 55-547.06), effective immediately;
C. That judgment in favor of PlaiIitiff as to Count III ofthe Complaint be, and
hereby is, granted; that Plaintiff Jean Mary O'Connell Nader is hereby appointed as successor
trustee under the Land Trust Agreement and as trustee of he trust under the Last Will and
Testament of Harold A. O'Connell; that the term of the Land Trust Agreement is hereby
continued until further Order of this Court or until the real property held under the Land Trust is
sold and final distribution of the net proceeds is made to the trust's beneficiaries, whichever
occurs first; and that Plaintiff, as successor trustee Under the Land Trust Agreement, shall
proceed forthwith to sell the real property held by such trust as soon as reasonably practicable
upon such terms and conditions as she deems appropriate and consistent with her fiduciary
duties; and
D. That Plaintiff is hereby awarded her reasonable attorney's fees and costs in this
action in the amount of $ l7,504.12, to be paid from the Land Trust at such time as funds
become available.
ENTERED this 25th day of January, 2013.
(Seal) (Editor's note: I am guessing that this is the signature of Chief Judge Dennis J. Smith but I am not sure).
Judge
I ASK FOR THIS:
BLANKINGSHIP & KEITH, P. C.·
4020 University Drive .
Suite 300
Fairfax, VA 22030
703~691-1235
FAX: 703-691-3913
By:
Elizabeth Chichester Morrogh, VSB No. 25112
BVMorrogh@bklawva.com
Jennifer L. McCammon, VSB No. 77034
JMcCammon@bklawva.com
Counsel for Plaintiff