(no subject)
Dear Kaye,
It's been a very long time since the both of us spoke or were able to communicate directly with one another because of this continuing legal battle we're both embroiled in. Be that as it may, I wanted to try one last attempt to reach out to you directly and ask for your cooperation to see this matter settled as a sister and brother.
This matter of property and money has gone on too long, Kaye. As things have continued my faith that your promises on the phone and via email that you would intentionally fight this until there was no money left were bluffs has waned. My faith that you would seek some way to negotiate a fair solution has done the same. Despite your financial irresponsibility, failure of familial obligation and the outright lies you told to so many in order to maintain sole control of the property in an attempt to walk away with everything, it appears to me you may think you have nothing else to lose and that you'll simply try to drag everyone connected into ruin and pain.
Though my reserves have not, my patience certainly has run out. Despite this, and because of the care I still have for you and both of our families, I want to make one last attempt to resolve this situation fairly, once and for all.
This will be the last opportunity I offer to end this matter out of court so I'm telling you to consider it seriously. Just looking over your documented agreements with me, your admitted promises to Dave and I concerning enormous sums of money loaned for specific purposes, your own depositions... and then to look over the overwhelming evidence submitted against you... Kaye, it's very clear that what was done was wrong. It was not just wrong it appears plainly evident it was intentional.
Though we both agreed to settle this matter out of court with an arbitrator you have refused to see it through claiming a lack of funds for the required fees while at the same time making numerous flights back and forth from Arizona to the Bay Area. In addition to the fact that you and your council have turned down more than half a dozen offers to settle this matter out of court without once making a counter offer, I have no other choices left that I can see. Every action you take only serves to exemplify why this dispute has grown so greatly.
In an email to me you mentioned you would fight for the sole purpose of making sure no-one gets anything if you couldn't have something from it, that you had nothing else to lose. You restated that intent to several people including our real estate agent and the employees of our escrow company. This is not a matter over simply money, this is a matter of responsibility and now criminal law...
It is not just about the thousands I lent you for your company which you admitted to in your deposition, not even just about my having to leave art school because I was forced to use my educational funds to bail the house out - funds you agreed to repay because you'd already borrowed more than fifty thousand dollars to take care of the very things I had to come and clean up.
It is not just about the lies you handed me, some of them again in emails and letters, to keep me from accessing any financial information about the property though I was being asked to pay large sums... sums I did pay. It wasn't just about being prevented from any control of the property, what was done with it, who resided there... even to the point of having no access to the property.
Now, looking over all this accumulated evidence of your actions I'm awestruck. It's devastating to see how blatantly more than three times my annual income at the time was spent so frivolously in just a matter of months... and how willfully it was all done with careful means taken to ensure I had no idea what was happening until, perhaps, you thought it would be too late to do anything about any of it.
Kaye, I still care about you and your well being but looking at all of this, it is becoming apparent that you weren't simply negligent and careless with all this money... what you did was criminal and I mean that in the legal sense. It pains me now realizing that continuing with this case means not only continued pursuit of the current civil case against you but the pressing of criminal charges against you which could have you serving time in prison.
Let me make it clear to you, Kaye, that although I care for you a great deal my moral obligation is to see this matter through even if it means having to send you to prison under criminal charges. I want to make sure you understand the implications of facing criminal charges for defrauding Dave, defrauding our re-financing lenders, members of our family and myself... willfully redirecting money borrowed from private and public lenders for the care and upkeep of property to yourself despite documented agreements.
It is because of my care for you and both our families that I want to make one last offer to settle this matter. I would like nothing more than to see the fair end of this dispute and to heal the rift in our family this has caused.
As such I am having my attorney draft my final settlement offer to you which should be en route to your attorney, Mr. Zapala, by the time you receive this letter. Under my request the settlement is for considerably less than the more than $100,000.00 we would be seeking from you in court... and that's not including the court fees which you won't have the opportunity to simply claim you cannot pay.
Consider this offer seriously, Kaye. It is my very last. Once measures are taken to petition for a full trial and criminal charges are sought against you, I fear there will never be another opportunity to end this dispute compassionately and with hope of healing.
I'm writing this directly to you, Kaye, so that you have the opportunity to make your own decision without the interference of other self-interested parties about whether you'd like to see a final resolution to this awful dispute.
With love and concern.
Your brother,
Aaron
It's been a very long time since the both of us spoke or were able to communicate directly with one another because of this continuing legal battle we're both embroiled in. Be that as it may, I wanted to try one last attempt to reach out to you directly and ask for your cooperation to see this matter settled as a sister and brother.
This matter of property and money has gone on too long, Kaye. As things have continued my faith that your promises on the phone and via email that you would intentionally fight this until there was no money left were bluffs has waned. My faith that you would seek some way to negotiate a fair solution has done the same. Despite your financial irresponsibility, failure of familial obligation and the outright lies you told to so many in order to maintain sole control of the property in an attempt to walk away with everything, it appears to me you may think you have nothing else to lose and that you'll simply try to drag everyone connected into ruin and pain.
Though my reserves have not, my patience certainly has run out. Despite this, and because of the care I still have for you and both of our families, I want to make one last attempt to resolve this situation fairly, once and for all.
This will be the last opportunity I offer to end this matter out of court so I'm telling you to consider it seriously. Just looking over your documented agreements with me, your admitted promises to Dave and I concerning enormous sums of money loaned for specific purposes, your own depositions... and then to look over the overwhelming evidence submitted against you... Kaye, it's very clear that what was done was wrong. It was not just wrong it appears plainly evident it was intentional.
Though we both agreed to settle this matter out of court with an arbitrator you have refused to see it through claiming a lack of funds for the required fees while at the same time making numerous flights back and forth from Arizona to the Bay Area. In addition to the fact that you and your council have turned down more than half a dozen offers to settle this matter out of court without once making a counter offer, I have no other choices left that I can see. Every action you take only serves to exemplify why this dispute has grown so greatly.
In an email to me you mentioned you would fight for the sole purpose of making sure no-one gets anything if you couldn't have something from it, that you had nothing else to lose. You restated that intent to several people including our real estate agent and the employees of our escrow company. This is not a matter over simply money, this is a matter of responsibility and now criminal law...
It is not just about the thousands I lent you for your company which you admitted to in your deposition, not even just about my having to leave art school because I was forced to use my educational funds to bail the house out - funds you agreed to repay because you'd already borrowed more than fifty thousand dollars to take care of the very things I had to come and clean up.
It is not just about the lies you handed me, some of them again in emails and letters, to keep me from accessing any financial information about the property though I was being asked to pay large sums... sums I did pay. It wasn't just about being prevented from any control of the property, what was done with it, who resided there... even to the point of having no access to the property.
Now, looking over all this accumulated evidence of your actions I'm awestruck. It's devastating to see how blatantly more than three times my annual income at the time was spent so frivolously in just a matter of months... and how willfully it was all done with careful means taken to ensure I had no idea what was happening until, perhaps, you thought it would be too late to do anything about any of it.
Kaye, I still care about you and your well being but looking at all of this, it is becoming apparent that you weren't simply negligent and careless with all this money... what you did was criminal and I mean that in the legal sense. It pains me now realizing that continuing with this case means not only continued pursuit of the current civil case against you but the pressing of criminal charges against you which could have you serving time in prison.
Let me make it clear to you, Kaye, that although I care for you a great deal my moral obligation is to see this matter through even if it means having to send you to prison under criminal charges. I want to make sure you understand the implications of facing criminal charges for defrauding Dave, defrauding our re-financing lenders, members of our family and myself... willfully redirecting money borrowed from private and public lenders for the care and upkeep of property to yourself despite documented agreements.
It is because of my care for you and both our families that I want to make one last offer to settle this matter. I would like nothing more than to see the fair end of this dispute and to heal the rift in our family this has caused.
As such I am having my attorney draft my final settlement offer to you which should be en route to your attorney, Mr. Zapala, by the time you receive this letter. Under my request the settlement is for considerably less than the more than $100,000.00 we would be seeking from you in court... and that's not including the court fees which you won't have the opportunity to simply claim you cannot pay.
Consider this offer seriously, Kaye. It is my very last. Once measures are taken to petition for a full trial and criminal charges are sought against you, I fear there will never be another opportunity to end this dispute compassionately and with hope of healing.
I'm writing this directly to you, Kaye, so that you have the opportunity to make your own decision without the interference of other self-interested parties about whether you'd like to see a final resolution to this awful dispute.
With love and concern.
Your brother,
Aaron