Mastoris received this letter just days after he had, again, paid Charles even though Charles had lost their lawsuit and he had had to hire a real attorney.
From: Charles Edward
Lincoln III [mailto:xxxxxx@
Sent: Friday, May 16, 2014 4:33 AM
To: Michael Mastoris
Cc: xxxxxxx@teichgroh.com; xxxxxxxxxxx@dianeturton.com
Subject: Trespass Warning---I have changed the locks at xxxxx xxxxxxxxxxx---you may not change the locks again, or otherwise approach the property without trespassing---this is your first and will be your last warning
Sent: Friday, May 16, 2014 4:33 AM
To: Michael Mastoris
Cc: xxxxxxx@teichgroh.com; xxxxxxxxxxx@dianeturton.com
Subject: Trespass Warning---I have changed the locks at xxxxx xxxxxxxxxxx---you may not change the locks again, or otherwise approach the property without trespassing---this is your first and will be your last warning
Dear Dr. Michael N.
Mastoris
(*and his attorney Mr.
Barry Frost) and Ms. Candace Ann Kennedy (Diane Turton/Marlene
Mango)(Realtors):
First let me apologize for the necessary formality and cold
stiffness of this letter. My five year long relationship with Dr.
Mastoris, up until recently, had been most amicable and cordial, even
if progressively less and less profitable. But this letter is a:
Trespass
Warning---I have changed the locks at xxx xxxxxxxxxxx---you may not
change the locks again, or otherwise approach the property without
trespassing---this is your first and will be your last warning.
Thursday afternoon, 15
May 2014, I changed the locks at xxx xxxxxxxxxxxxxxx with a New
Jersey licensed locksmith: Mr. Keys, Inc., Justin Del
Corpo 353 Herbertsville Road, Brick, New
Jersey 08724, New Jersey Business License 34LX00006400.
I showed him my original warranty deed (December 2009) registered with
and blue stamped by the Ocean County Clerk and my California ID. I also
briefly spoke to a couple of the neighbors and a representative of the New
Jersey gas company, who said he was unwilling to turn on the pool-heater due to
rust.
The listing with Candace
Kennedy (Diane Turton Realtors---Brick, Marlene Mango Group) on or about May 1,
2014, was signed and entered without my knowledge or consent, and I am the
title owner of the property. The apparent purpose of agreement
to market the property as a vacation rental was to defeat my rights and
interfere with my responsibilities. I
suggest that the agreements, of which I have copies, with Diane Turton Realtors
in Brick and Marlene Mango are null and void as they were signed by
Michael N. Mastoris who lacks legal capacity over the property.
There are less formal ways of expressing what Michael's
apparent intent in excluding me from this process probably was, but I
shall eschew vulgarities. Michael has already expressed an
intention to "short" not only me, but also the licensed attorney whom
I hired to advance his very difficult cause, xxxxx, who filed dozens
of pleadings and motions in two cases in U.S. District Court, on my own and
Michael's behalf, jointly, but whom Michael now has said, is not entitled to a
penny.
Michael also refuses to pay the Westlaw bill
incurred on his behalf between July 2013 and February 2014. Michael's
refusals to pay as promised or even to guarantee payment in the future has
caused unending problems for me since January 2014, although I still have
Michael's voice mail from January where he expressly agreed to dedicate the xxxxx xxxxxxxxxxxxxx House in Curtis Point, Mantoloking to the advancement of his
other cases, which had to be abandoned due to lack of funds, which
Mantoloking could apparently produce. And in regard to me, well, Michael
obviously has chosen to marginalize me from all aspects of his ongoing
bankruptcy proceedings, in whole or in part at the urging, I believe, of Mr.
Barry Frost.
I do not wish to
be forced to communicate this change of management and trespass warning to the
local law enforcement authorities, but I am hereby warning all of you (and your
employees, associates, agents, and assignees) to stay away from xxxx xxxxxxxx except and unless at my express and written invitation. I do
promise you all that I will NOT call the Township Police or the Ocean County
Sheriff unless you absolutely force me to do so. Michael
Mastoris and his attorney Barry Frost are both well aware of my title ownership
and my disagreement with Michael about the proper management of the property
and the advance of the litigation which I had arranged to be undertaken by xxxxxxxx on his behalf.
I will rent the property through my own associates
and will continue to do all that I can to assist Dr. Michael N. Mastoris,
should he wish to continue to receive my assistance.
Should Michael wish to revoke the power of attorney
which he granted me in December of 2009, he is certainly free to do so at any
time, but his revocation of the power of attorney will in no way alter or
reverse the warranty deed he simultaneously granted and recorded to xxxx xxxxxxxxxxxxxx, or the irrevocable Assignment of Rights which he also
simultaneously signed. The sole purpose of the revocation of the power of
attorney would be, in my view, to acknowledge that a conflict of interest has
arisen between Dr. Michael N. Mastoris and myself which, unless resolved,
interferes with our historic (and I do mean long term and successfully
historic) cooperation ever since November 2009. I have concluded
that taking possession of the property is the only possible solution. I
cannot see that it would be advantageous for any of us to fight about this in
any forum---the issues are too clear and the passage of time too profound, and
our previous success too solid.
If Michael wishes to terminate any or all of the
utilities, he should notify me and scan and forward the last bills to me here
at this e-mail.
I am currently visiting in New York City and would be available for
face-to-face meetings to discuss any of these matters.
Once again, the sole official purpose of this
letter is to issue a Trespass Warning to Dr. Michael N. Mastoris and all his
employees, associates, agents, and assignees of any kind not to interfere
further with my management of xxxxx xxxxxxxxx, Curtis Point, Mantoloking,
Brick Township, Ocean County, New Jersey 08738, and to cancel the rental
listing with the realtors. Personal property needed can be delivered
directly to Dr. Mastoris' home at 24 Hluchy in Upper
Freehold Township,
Robbinsville, New Jersey or to any other address as he may
request or direct in writing, sent by scanned signed letter via e-mail to this
address. But do NOT change the locks again, or try to take any further
action in relationship to the house. I notice that in previous years,
when Michael was collecting the summer rent, he did not pay the property taxes,
and there are now several tax liens on the property. Totally aside from
his breach of his agreement with me, this is not good property management or in
Michael's best interests.
In closing, I
would simply like to say that I am a Christian and I know Dr. Michael N.
Mastoris to be one as well. I hope that, as the Lord has commanded us to
do, we can settle our disputes amicably and resume our friendship and
cooperation in love and mutual harmony, for mutual benefit.
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
Telephone: 504-408-5492
E-mail: lincoln_for_california@rocketmail.com
Matthew 10:34-39
Think not that I am come
to send peace on earth: I came not to send peace, but a sword. For I am come to
set a man at variance against his father, and the daughter against her mother,
and the daughter in law against her mother in law. And a man's foes shall be they of his own
household.
He that loveth father or mother more than
me is not worthy of me: and he that loveth son or daughter more than me is not
worthy of me. And he that taketh not his
cross, and followeth after me, is not worthy of me. He that
findeth his life shall lose it: and he that loseth his life for my sake shall
find it.
