rom:
Charles Edward Lincoln III
[mailto:xxxxxx@gmail.com]
Sent: Friday, March 07, 2014 10:15 PM
To: Dennis Hilton; Dennis Hilton
Cc: Michael Mastoris
Subject: Hand Delivered Letter of March 7, 2014 (dated March 7 2013)
Sent: Friday, March 07, 2014 10:15 PM
To: Dennis Hilton; Dennis Hilton
Cc: Michael Mastoris
Subject: Hand Delivered Letter of March 7, 2014 (dated March 7 2013)
Dear Dennis & Joanne Hilton & James Peppersack:
I am in receipt of your letter of March 7, 2014 (dated March 7, 2013) formally asking me, requiring me, to vacate the St. Charles Guest House premises by Monday, March 10, 2013, at 12 noon, or threatening police action.
I am NOT trespassing because I have NOT been a hotel guest but a tenant here. I cited (and provided) all the authority from the Louisiana Revised Statutes and Civil Code to James two weeks ago.
I am deeply distressed by this letter---I have told you by letter that I expect money to come in at the earliest on March 12, 2014, but probably on March 13 or 14. I have been asking you for months now to provide me with information which I could use to obtain financing to purchase this place, but you have neither said "yes,", "no", or "maybe" and that makes everything very difficult. Michael Mastoris told me he was planning to call you on Monday, but obviously we have to accelerate the process now.
I will ask Michael to advance me sufficient funds to pack up a year's worth of belongings this weekend and move into another hotel, because that's basically the only thing I could possibly do. If that sounds silly to you, it sounds silly to me to.
Please take notice that your letter is illegal---and does NOT comply with our agreement and oral lease. I have never checked INTO this Hotel since last summer (last July) at the most recent and under no circumstances am I a hotel guest here as a matter of law---and I have provided Mr. Peppersack (I never knew James' name before today). So there will be civil issues to resolve, including damages if you force my hand.
Still, in the spirit of peace and harmony, and my deep affection for Dennis (who probably is NOT the actual signer of this letter---he would send me an e-mail, I'm sure---he ALWAYS has in the past---or he would call me if he were able---so I assume he's not able.
If I cannot afford pack everything up, I will leave of course leave, unless you rescind this letter, but if I have to leave my property in this room, I will expect you to take care of it as TRUST PROPERTY, according to the highest standards of fiduciary duty. MY MAIL will continue to come here for a while, if I leave---I am still expecting some packages.
This is very distressful indeed. I cannot just be insulted this way---I told you I have no resources in the short run, even though I have ample coming in in the long run, and apparently you don't care to be practical or act in a spirit of commercial rationality, despite your protestations of Christian Understanding and Compassion.
I beg of you to reconsider, to talk to Michael Mastoris at the numbers I have given you before, but I will give you again:
(609) xxx-xxxx or (609) xxx-xxxx.
I don't want to fight and I certainly don't want any police scenes, so unless we can reach some sort of agreement, I will personally leave, but I have no idea how I am going to get all my property out of here, so it MAY remain in your trust and care, and then there will be other issues remaining. I am so disappointed.
In your letter, you write that "we sincerely hope that you use good judgment in this regard and behave with honor and dignity while preparing to leave."
I feel reasonably certain that I have NEVER given you cause to think I behave with anything OTHER than honor and dignity, but if you treat me like a Hotel Guest when I have been living here on a month-to-month oral lease, you are legally in the wrong.
Under no circumstances can you call me a Trespasser---under the laws of the State of Louisiana or anywhere else, and I think that this aspect of your letter is a most grievous affront.
Charles Edward Lincoln, III
"Ich bin der Geist der stets verneint, und das mit recht,
denn alles was entsteht, Ist werth daß es zu Grunde geht."
Deo Vindice/Tierra Limpia
http://charleslincoln3.wordpress.com