Saturday, April 13, 2013

STANLEY FISHMAN V. SUN GROVE RESORT VILLAGE

THE STANLEY FISHMAN ABUSE STORY AT SUN GROVE RESORT VILLAGE (SGRV)

Stanley Fishman lived at SGRV from the end of 2009 to the end on 2011, two years, in the SGRV apartment #2027 which was directly above Carol Fairall's SGRV apartment #1027.  Mr. Fishman said there was always a terrible smell in his apartment. He was alarmed when I informed him that Carol's SGRV apartment tested positive for toxic mold. Mr. Fishman dropped off his SGRV Questionnaire for the CLASS ACTION LAWSUIT on 04/12/13.

Stanley Fishman's SGRV Questionnaire dated 04/07/13 documented:

1.  That Scott Green used false advertising. 

2.  Mr. Fishman reported that Scott Green lied about Claudia Marquez, the impostor nurse. Mr. Fishman said: "He claimed she was a registered nurse when she wasn't even a nurse."

3. Mr. Fishman that Scott Green used threats and was rude, he stated: "All ways threaten to put you out." "He was a dictator." He gave no respect to anyone."

4. Mr. Fishman said that Scott Green collected part cash and part check for the rent, he said: "He made you pay some moneys in cash and the rest in a check. He pocked the cash." 

5. Mr. Fishman stated about SGRV's lawyer, Scott E. Williams the following: "He's friendly helper Scott Green to win every case. No one had a chance to win. He had strength in court. He knew everyone."

6.  Mr Fishman reported problems with the 24/7 emergency alarm system. He stated: "Most of the time it was broken."

PAM KLEIN'S DOG WAS KILLED BY SCOTT GREEN

Mr. Fishman told the very sad story about Pam Klein who lived SGRV. Ms. Klein lived with Clay Haning, her caregiver, in SGRV apartment #1018. When Mr. Haning died his family had to fight to get the $18,000 prepaid rent back.  Channel 3 ON YOUR SIDE helped to recover the money for Mr. Haning's daughter Shari Parrott because the Peoria Police did nothing.

PAM KLEIN'S COCKER SPANIEL "BUDDY"
KILLED BY SGRV'S SCOTT GREEN
SGRV moved Ms. Klein, who had to use an electric scooter, to a single bedroom apartment on the second floor. Scott Green required Ms. Klein to keep her dog "Buddy", her cocker spaniel,  leashed all the time. It was very difficult for Ms. Klein to use the small SGRV elevator with her electric scooter while trying to control her leashed dog. SGRV only had four very small elevators in the eight SGRV buildings. 

"Buddy" jumped out of the SGRV elevator when Ms. Klein pushed the button to go to the second floor. The SGRV elevator doors do not have sensored emergency stopping doors or working emergency phones. Buddy was hung to death! 

Scott Green made no apologies or restitution for Ms. Klein's murdered dog. 

Mr. Fishman asked for me to be a witness for his $55,000 lawsuit against SGRV for the work he did there but was unpaid. I was fully aware how Scott Green refused to pay his contractors and vendors. I agreed to be a witness for Mr. Fishman in his lawsuit against SGRV. I wrote the following letter:

Letter to Stanley Fishman for his Lawsuit against SGRV

April 13, 2013

Stanley Fishman
Phoenix, AZ 

RE: SUN GROVE RESORT VILLAGE (SGRV) and SGRV’s ATTORNEY SCOTT E. WILLIAMS

Dear Mr. Fishman:

It was good to visit with you yesterday at my home. I am truly sorry about your problems with SGRV, Scott Green, and

I, Mark Fairall, will be glad to testify in your behalf at your trial against SGRV. 

SGRV is the vexatious litigate because the company sues seniors who move early because the senior living facility does not have the advertised and promised medical services. Also, SGRV is involved with many lawsuits involving its contractors, suppliers, and seniors wanting their deposits returned. SGRV misuses the legal system with Baseless Lawsuits and Avoidance Lawsuits to raise operating capital and to pay less on its bills. I am very familiar with one lawsuit from SGRV’s alarm company Supreme Fire Protection, owner Brian Keown, who had to settle in a lawsuit for $2,500 of the $10,000 bill owed by SGRV.  I am familiar with Sam Kieffer who lived in my rental home with his father, SGRV employee George Kieffer, and how he was only able to collect $3,500 of the $5,000 bill SGRV owed him for painting the SGRV clubhouse.  I am very familiar that the SGRV food vendors had such a difficult time collecting their bills that they put SGRV on a “Cash Only” system of buying for the SGRV kitchen. I was the president of the SGRV Ambassador Committee, the residents’ complaint board, and I was barraged with complaints from residents, contractors, and suppliers. I was able to get my former employer, Bank of America, to stop the foreclosure on the SGRV property and write a workout mortgage in 2008.

The SGRV 20 Investor/Owners received in 2008 the Deeded ownership from the failed Ponzi scheme AREI/Oakdale Heights (2,000 Investors lost $250 million and it is now in trial in California). Previously the SGRV Investors had a tenants-in-common form of ownership in 2006. I am very familiar with SGRV past financial statements and poor financial business practices. The 20 SGRV Investor/Owners lost $4.5 million on the poor SGRV investment. They ran the property into the ground with poor management, poor property maintenance, and illegal dealings.  The SGRV property needs to be destroyed because it is a health hazard with dilapidated buildings, dangerous electrical wiring, and toxic mold.

12/20/12 LETTER TO CAROL FAIRALL FROM PRESIDENT AND MRS. OBAMA
My wife, Carol, is dying, like our three dogs died, from the SGRV toxic mold exposure which caused the start of the rejection of her transplanted liver in September 2009. We have $18,000 of wrongful judgments at the Arrowhead Court on SGRV Baseless lawsuits when we forced to move because SGRV failed to provide a safe and healthy place to live. SGRV and Scott E. Williams refuse our and our attorney’s letters and emails for a REASONABLE ACCOMMODATION REQUEST FOR A DISABLE PERSON to continue to accept Carol’s medication like it did before we filed complaints against SGRV on 09/13/09 with HUD and the Arizona Attorney General for fair housing violations. Attorney Felicia Rotellini represented us for free after she reviewed our documentation to try to get HUD to prosecute SGRV but HUD is broken and refused her requests.  I have extensive documentation and testimonies taken by our private investigator and I am in the final stages of preparing a Class Action Lawsuit representing the 58 abused and exploited SGRV seniors. Carol and I teach elder abuse prevention classes, write elder abuse prevention articles, and work to improve senior protection laws with the state and federal lawmakers. Because of Carol’s declining health, her liver rejection numbers are now critical at eleven time higher than normal, she has received letters of thanks for her efforts to protect others seniors from elder abuse and senior financial exploitation from President and Mrs. Obama and the Department of Health & Human Services.

02/05 13 DEPARTMENT OF HEALTH & HUMAN SERVICES LETTER TO
MARK FAIRALL
I sued SGRV to collect the illegally collected service dog fees and to recover the cost of my SGRV apartment upgrades. I requested a change in venue in our 2010 Trial for our lawsuit #CC2010-038658 because Scott E. Williams was representing the returning judge Lex Anderson at the time of our trial but I was denied.  I requested a jury trial but I was denied.  I requested a change in SGRV’s attorney Scott E. Williams but I was denied. I requested to enjoin the SGRV owners but I was denied.  I requested the judge to allow my evidence since the Police told me to withhold it for the pretrial, which never happened, but I was denied. My 300+ pages of evidence were thrown out of court. I requested more time because my witnesses were tampered with by Scott Green and Scott E. Williams and they were too scared to come to trial but I was denied. I asked for a continuance of the trial because our main witness, Cliff Dyrland, was in coma in a hospital but I was denied.  I requested to cross examine all of SGRV’s witnesses but I was denied.  I filed Appeals but they were denied. The Arrowhead Justice Court has destroyed our evidence and the recording of the 07/08/10 Trial in its cover-up of Scott E. Williams’ illegal actions.

SGRV’s attorney Scott E. Williams is the most devious, insensitive, and corrupt attorney that I have ever dealt with.  I have experience with in over a dozen lawyers (Paul Eckstein, Michael Clyde, Robert Pohlman, and Stuart Goldstein to name a few) in my job as a bank vice president and personally. Scott E. Williams manufactured false evidence, tampered with witnesses, and lied to the Arrowhead Justice Court and HUD Federal Officials.  The documentation includes our FRAUD OF THE COURT MOTION which showed the 27 violations by Scott E. Williams of laws and Arizona Rules of Professional Conduct.

I filed complaint #10-0232 with the Arizona Bar against Scott E. Williams but it is ignored because he is protected by Maricopa county official. In 2004, the Maricopa County Board of Supervisors (MCBS) hired Scott E. Williams to represent Maricopa Officials, Politicians, and Judges on election matters. All our communications to the MCBS has been ignored.  All our communications the head of the Superior Court, Norman Davis, about Scott E. Williams and the former judge Melanie Deforest (she withdrew from the 2012 election in disgrace for lying about her education and past work experience) was ignored. The Judicial Conduct Commission declined my complaint about Judge Melanie Deforests favoritism to Scott E. Williams, failing to follow proper court procedures, failing to understand the law, and failing to maintain the high dignity of the court by being extremely rude to both my wife and me.

Based upon my experience your chance of collecting your fees of $55,000 for the work you did at SGRV has little chance for a fair trial in Maricopa County and you have no chance for collecting any judgment awarded to you. The trial will be blocked by SGRV’s attorney Scott E. Williams because he will bury you in legal trickery and extensive motions.

I find it shocking that Scott E. Williams represents the felon Scott Green. Scott E. William is a bigger crook that Scott Green by taking advantage of the elderly in senior living facilities with Baseless Lawsuits and aiding the felon Scott Green’s illegal collection and debt avoidance activities.  Scott E. Williams needs to be disbarred and be incarcerated.

We have filed formal complaints with the FBI, IC3, Department of Justice, Senator McCain, and President Obama about SGRV, Scott Green, Scott E. Williams, and Arizona Attorney General Tom Horne. 

Sincerely,

Mark R. Fairall 
Sun City West, AZ

Attachment 1:   04/08/13 Fairall CD “The SGRV Elder Abuse Story”
Attachment 2: 12/20/13 President Obama Letter & 02/05/13 Department of Health & Human Resources Letter 

cc:  President Obama
       Arizona Senator McCain
       Department of Justice – Case #JL 300360854
       FBI & IC3 #I1205051709374092
       Norman Davis – Superior Court
       Patricia Ramirez – Arizona Bar – Complaint #10-0232 Scott E. Williams
       Clint Hickman – Maricopa County Board of Supervisors
       D.S. Woodfill – Reporter – Arizona Republic Newspaper

THE STORY OF SGRV ELDER ABUSE AND  
   SENIOR FINANCIAL EXPLOITATION 


The Real Faces of Elder Abuse – Mark and Carol Fairall 
 April 2013

SUMMATION OF DAILY FACEBOOK POSTINGS

1. 04/01/13 – THE PONZI SCAM - California’s largest PONZI SCAM, AREI/OAKDALE HEIGHTS, went to trial on 02/06/13. The mastermind, James Koenig is charged with 42 counts of criminal fraud. James Koenig refused the plea-agreement and elected to go to trial.  This Ponzi scam defrauded 2,000 investors of $250 million. The James Koenig’s Trial is scheduled to last three months until April 2013. ASSET & REAL ESTATE INVESTMENT (AREI) bought the 24 senior living facilities and OAKDALE HEIGHTS was the management company that managed the properties. Sun Grove Resort Village (SGRV) is one of the 24 senior living properties that are involved in the AREI/OAKDALE HEIGHTS Ponzi trial.

2. 04/02/13 – GREED DESTROYED 24 SENIOR LIVING FACILITIES (INCLUDING SGRV) -The current AREI/OAKDALE HEIGHTS Ponzi trial’s mastermind, James S. Koenig, bought 26 properties (24 senior living facilities, a golf course, and an office building) with cash and then he leveraged them with 100% financing to support his lavish lifestyle. Koenig doubled dipped by passing the zero-equity-valued properties off to investors at an inflated value with the promise of huge tax-free investment returns. It was that GREED that destroyed all of the AREI/OAKDALE HEIGHTS properties, caused the loss of the Investors money, and killed the lifestyle of the seniors that lived in the 24 senior living facilities.  

3.  04/03/13 – SOME SGRV ELDER ABUSE AND SENIOR FINANCIAL EXPLOITATION STORIES A few of the SGRV elder abuse and fraud stories were told, they were: Laura Lee Boyd, Cliff Dyrland, George Grabach, Daniel Monroe, Earl McHenry, Millie Toedebusch, Catherine Reinertson, Wheeler the sheltie service dog, Bridget and Brittany the Yorkie sister dogs, and Carol Fairall.

4.  04/04/13 – SGRV’s TOXIC MOLD AND POOR LIVING CONDITIONS - SGRV attempted cover up of the toxic mold problems, and the dangerous living conditions at SGRV. SGRV’S attorney Scott E. Williams aided the felon Scott Green, former manager of SGRV, in covering up the toxic mold problem with phony documentation and hired the mold inspector when the fly-by-night mold company went out of business. It is shocking that an attorney would do such illegal things to help the 2005 Medicare Fraud Felon Scott Green. Scott E. Williams was hired by the Maricopa County Board of Supervisors in 2004 to represent the county's official and politicians so he is "PROTECTED."

5.  04/05/13 - SGRV’S GUILTY PARTIES – GREEN, NUNLEY, AND SENIORITY INC. SGRV's Guilty Parties of Elder Abuse and Fraud are: Scott Green, Karl Nunley, and Seniority Inc. (the former Management Company of SGRV). This articled detailed the involved of all the guilty parties.

6.  04/06/13 – SGRV’S CROOKED LAWYER, WILLIAMS, AND INCOMPETENT JUDGE, DEFOREST - The first public document is our 07/25/11 FRAUD OF THE COURT Motion which showed all Scott E. Williams' trickery, illegal actions, and the favoritism that he received.  The second public document is our 09/09/10 JUDICIAL COMPLAINT against the Arrowhead Justice Court's pro-per judge Melanie Deforest which documents all her mistakes. The Arrowhead Justice Court destroyed all our evidence and 07/08/10 Trial Recording in its cover-up of the Court Sanctioned Financial Exploitation Scam.

7.  04/07/13 – HUD IS BROKEN HUD productivity has declined in the past 20 years. The current HUD Secretary Shaun Donovan has completely BROKEN HUD. Donovan got his job as a favor from President Obama for helping him get elected to President in 2008. HUD has had a huge decrease of Fair Housing Lawsuits (1 out of 1,000), enormous wasteful Community Development Programs ($1 billion has been lost in the HUD Katrina Project), and now HUD is the Nation's Biggest SLUMLORD of Substandard and Dangerous Housing.

HUD has a Conflict of Interest in the investigation of our three and a half year Fair Housing Complaint against Sun Grove Resort Village (SGRV) since HUD approved SGRV as a Low Income Housing a few years ago. How can HUD approved the substandard and dangerous mold filled SGRV property and subsidize the poor peoples' SGRV rent? It is no wonder our HUD Fair Housing Complaint was ignored because HUD supports SGRV. That is a huge CONFLICT OF INTEREST! SGRV became a HUD Low Income Housing property at the same time HUD was reviewing our Fair Housing Complaint. HUD supported SGRV by approving it to be HUD Housing and poorly investigating our SGRV Fair Housing Violations complaint.

8.  04/08/13 – THE STORY OF ELDER ABUSE AND SENIOR FINANCIAL EXPLOITATION AT SGRV - This article tells how Carol and I met at SGRV and the problems we had there. It summarizes our eight-days of SGRV story articles. I also show some of the pictures of SGRV in 2009 (for our Trial) and current moldy fountain pictures taken at SGRV on 04/07/13. The SGRV abused and defrauded list of 58 seniors is attached and 33 have died. Finally, I attached my poems “VULNERABLE ABUSE – A CRIME NO ONE HEARS” and “TEARS FROM HEAVEN.”

04/07/13 PICTURE OF SGRV FOUNTAIN FULL OF TOXIC MOLD
AND MOSQUITO INFESTED

(SENIORS AT SGRV ARE IN DANGER OF WEST NILE VIRUS)




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