Letter to Judge Langan

Michelle Mayer

PO Box 40254

Brooklyn NY 11204

(518) 791-5198

Fax: (347) 438-3237

peacefulshades@gmail.com

Judge Thomas Langan

2 Nelson Avenue

Peekskill NY 10566

(914) 831-6480

Fax (914) 736-1889

October 20 2014

Re:                   Docket numbers 14-0806 and 13-0407

            Letter Chief Clerk C. Cardinale to M. Mayer dated September 24, 2014

Dear Judge Langan,

Please confirm the warrant for non-appearance was lifted and please advise the status of my request for dismissal with prejudice of the charges filed on behalf of R. Gonzalez the Anthony Molea.

In the letter dated September 24, 2014 from Chief Clerk Cardinale on your behalf she states; once the warrant is resolved the court may address the pending requests for ADA accommodation, removal of Arthur Schneider as my attorney and dismissal of the charges before the court.

Logic dictates the warrant was lifted in that it was for non-appearance and thorough documentation was faxed to the court and Mr. Schneider on August 29, 2014 showing the notices were sent to different contact information than I provided in writing hence not received until August 27, 2014, 20 days after the August 7^th appearance.  I is lucky I received them at all.  If there was something I was meant to do other than provide the court with current contact information to assure I receive notices in a timely manner or there are questions about the documentation provided please advise.

Regarding ADA request, Mr. Sccjneider and dismissal of charges;

The documentation regarding my request for fair accommodation via the ADA was provided to the court in January 2014, and several times subsequently including hand delivered to Arthur Schneider on June 5, 2014, the day he was appointed.  It seems there was ample time to address the request, if I was meant to do something other than provided written request with doctor’s documentation please advise.

Arthur Schneider is no longer my attorney, letters from Mr. Schneider to me dated September 27 and October 1, 2014 available upon request.

Logic dictates the charges have been dismissed since the statements made in the violation information and deposition from May 31, 2014 that I was provided with September 27, 2014 are contradicted by video and audio evidence provided to the court, I was not permitted to give a statement and dynamics were created via living conditions in Mr. Gonzalez’s building that violate numerous NYS tenants rights, HUD and federal laws and regulations.  Please advise the status of these charges as soon as possible.  Also, please send any/all documentation including but not limited statements and letters related to any charges involving me before the court other than the violation information and deposition I am attaching for clarification, it seems obvious there are documents/letters I have not received and am faulted for not responding to.

Though I prefer to put the what came with living at 916 Main Street behind me, fending the harassment has become costly on many levels therefore Please note, if this matter is to continue I intend to file counter charges and damages against Bruno and Randy Gonzalez etc.

Thank you for your time and attention to these matters, I am looking forward to resolving them in a timely manner

Sincerely,

Michelle Mayer

CC:            Arthur Schneider – former appointed attorney

            Anthony Molea - ADA  

Bruno Gonzalez – owner 916 Main Street – via postal mail

Fran Brunelle – administrator Peekskill HUD office – via email

Child Support or NYS Support?

Michelle Mayer

PO Box 40254

Brooklyn NY 11204

(xxx) xxx-xxxx

Fax: (xxx) xxx-xxxx

NYS Child Support Processing Center

PO Box 15363

Albany NY 12212-5363

15 October 2014

Re Acct  nos BfB5790E1 and 8F09791H1

To Whom it may Concern.

Thank you for the forms sent regarding the payments of above listed SCU accounts labeled as child support paid via TD bank check #81601033-4 dated June 30, 2014. 

To date my four children, now over 18 years, have received ZERO dollars of the $72,082 labeled as child support paid June 30, 2014.  Please advise when the monies will reach them.

In the documentation you sent John Schmidt is listed as custodial parent, he relinquished his partental rights to NYS and was not custodial parent.  xxxxx, xxxxx  xxxxx and xxxxx are listed as ‘Schmidt children’ my married name. In 2006, via NYS custody their surname was changed to xxxxx perhaps these bits are what are causing the time delay.

Please note my contact information, as listed above and on the previous correspondence, is:

Michelle Mayer

PO Box 40254

Brooklyn NY 11204

(xxx)xxx-xxxx

Fax:(xxx)xxx-xxxx

The address you are using, PO Box xxx, xxxxxxxx belongs to the benefactor who paid the monies to lift the liens and restrictions that prevented me from earning a living that seem to accompany child support collection.

  Please direct any correspondence addressed to me to the contact information I have provided.

Thank you for your time and attention to this matter.

Michelle I Mayer

CC             NYS Tax and Finance collections and civil enforcement division via mail

            Charles Hoag Esq. – Columbia County ADA  - via email

            Valerie Caruso – Columbia County SCU - via email

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Response


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Michelle Mayer (formerly Schmidt- married name)

PO Box 40254

Brooklyn NY 11204

(xxx) xxx-xxxx

Fax: (xxx) xxx-xxxx

NYS Child Support Processing Center

PO Box 15363

Albany NY 12212-5363

24 October 2014

Re             Acct numbers BfB5790E1 and 8F09791H1

             Letter dated 15 October, 2014

            Phone message from tax/finance re letter

To Whom it may Concern.

To date my four children, xxxx, xxxx, xxxx and xxxx, (Schmidt Children) over 18 years, have received ZERO of the $72,082 labeled as child support paid June 30, 2014 to New York State.  Please advise when the monies will reach my children.

On October 23, 9_51 a.m. someone from tax and finance left a message stating she heard I had a question, that I did not want her department, left a 1-888-208-4485 number for support collection and no contact name.  She left her number, 518-485-6820 no name, in case I had a question for her department.  If there are tax ramifications for the alleged debt being paid by another party to remove collection actions including bank account, drivers license and passport seizure please advise

The question is, when are my children going to receive the $72,082 labeled as child support paid in full to New York State June 30, 2014?

Please note; address I am sending correspondence to is the one provided in response to my request for a statement reflecting payment of $72,082 labeled as child support. If another department is the one to answer, please have them contact me and directly. Whomever answers, please include a contact name and address if different from above with an answer/response.

Also, please note, letters/documents regarding these issues are being sent to an address different than I provided.  Please note my contact information, as listed above and on the previous correspondence, is:

Michelle Mayer

PO Box 40254

Brooklyn NY 11204

(518) 791-5198

Fax: (347) 438-3237

peacefulshades@gmail.com

 

Thank you for your time and attention to this matter.

Sincerely,

Michelle I Mayer

CC NYS Tax and Finance collections/ civil enforcement division via mail

Charles Hoag Esq. – Columbia County ADA  - via email

Valerie Caruso – Columbia County SCU - via email

Daniel Tuczinski – Former Columbia County Attorney – via email

Michelle Mayer

PO Box 40254

Brooklyn NY 11204

(xxx) xxx-xxxx

Fax: (xxx) xxx-xxxx

Commissioner Kary Jablonka

25 Railroad Ave

Hudson NY 12534

(518) 828-9411

Re             Letter from CCDSS via Valerie Caruso and ‘Child Support’ case numbers

October 31, 2014

Dear Commissioner Jablonka,

Please provide an account closure statement/letter the payment to New York State Child Support Enforcement reflecting the amount paid; $72,082.  Neither letter from Director Valarie Caruso CCDSS lists the amount paid, it is best if I have a clear record of account closure for my files.

Please confirm any/all financial obligations pursued via Columbia County Department of Social Services against my bank accounts and future income have been satisfied permanently via payment of  $72,082  June 30^th 2014.

Also it is stated in the letter from Director Valerie Caruso, the $72,082 labeled as child support “represent reimbursement or repayment to Columbia County for benefits or expenditures already provided” raising questions including but not limited to;

-                    Why was their father, John Schmidt, who signed them into county care not charged $0 of the reimbursement labeled child support

-                    Why was the $72,082 labeled child support and pursued in my children’s name via de-habilitating actions allowed via the ‘deadbeat dad law’ when every penny goes to Columbia County/NYS?

-                    What is the breakdown of the spending of the $72,082

-                    How is it logical or cost effective to force me into poverty and onto ‘assistance’ to ‘repay’ monies for imposed ‘assistance’ for my children that separated my family and I fought to prevent?

Also it has come to my attention that there may be tax ramifications via payment of $72,082 labeled as child support paid to Columbia County by an outside party to allow me to regain an income not seized via Columbia County.  Please any/all information regarding what these tax issues are and how to address them.

Thank you for your time and attention to these issues, I look forward to fully resolving them and negating the need to communicate with CCDSS and regain self-sufficieny.

Best,

Michelle Mayer

Formerly Michelle Schmidt (married name)

CC; Valarie Caruso – CCDSS – via email

Robert Fitzsimmons Esq. – Columbia County Attorney – via postal mail

Charles Hoag Esq - Columbia County AssistantAttorney – via email

Daniel Tuczinski – former Columbia County Attorney

Fran Brunelle – Administrator Peekskill Section 8

Susan MacNammee  - Administrator Hudson Section 8

Judge Thomas Langan – Peekskill City Court

Patrik Gratton- Chair Columbia County Supervisors – via email

NYS Child Support Processing Center – via regular mail

NYS Dept Tax and Fiance – Child Support Enforcement

Standing up for my rights and crossing my fingers

Michelle Mayer

PO Box 40254

Brooklyn NY 11204

(xxx) xxx-xxxx

Fax: (347) 438-3237

xxxxxxx@xxxx.com

Anthony J. Molea Esq – ADA

111 Dr Martin Luther King Blvd

White Plains, NY 10601

Re:  Docket number 14-0806 and 13-0407

Dear Mr. Molea,

Please withdraw the charges filed against me regarding an alleged incident with Randy P. Gonzalez at 916 Main Street on May 31^st, 2014; statements made in deposition are false which was provable that evening negating charges had I been permitted by officers to give a statement.  In addition, the letter of NYS tenants rights, HUD regulations and federal law prohibit the living conditions that created the incident on May 31^st, 2014 and seem to far out way the allegations against me that I am refuting.

The deposition signed by Randy Gonzalez and violation information via Peekskill Police Department both dated May 31, 2014 sent by Arthur Schneider via regular mail September 27 were received September 30, 2014. Also the ticket I received (enclosed) did not list a law violated and the charge is different from that on record with the court so now is the first I am aware of what I am specifically being charged with.

At present it is necessary to proceed pro se, my reaction regarding the allegations to follow. Compiling the response is taking longer and is more painful than I anticipated so I am sending my initial position with Randy’s deposition first to eliminate further time delay; written response to violation information via Peekskill Police Department to follow in a timely manner.

Issues with the statement include but are not limited to:

Date and time: 5/31/2014 by Randy Gonzalez

I do not believe the statement I was provided with is from Randy.

-       I was cuffed by both wrists to a bench in a room next to where was to file complaint, he stated he did not want to file a complaint, the and I had never had a problem before that night.  A male voice I recognized as one of the officers said “well I’m gonna.” 

o   It reads as though the officer wrote it.  Randy and I knew each other for 4 + years, the statement refers to me as ‘known as “shelly”’, the woman and the female in one paragraph.  That was not stated by someone who knows me, which Randy had for 4 years.

 “took a break in the rear alley”

-       it is not an alley, it is the walkway to the apartments via a locked gate allocated for tenant use. Where Randy was sitting on the steps is the beginning of the yard and blocked passage to and from the apartments.  There was no legitimate reason for him to be there, let alone loud, disruptive and harassing. 

“she began yelling at me at me stating stop smoking and began complaining about her hot water not working, the woman then smacked me in the back of the head while I was sitting down while demanding her hot water be fixed.”

-       Yes I was upset they were once again loudly hanging in the area allocated for tenants after several nights in a row of doing construction through the night until 5am.  I did demand again I have hot water[1] back on, he stood up, and again stated if I want hot water I had to pay rent[2], blew smoke in my face and sat back down.  An audio file of that statement eliminating he said/she said is here: https://www.youtube.com/watch?v=_bOd817ZUi8&list=UUmy-CCCAg10LOSbNsIGmrbg[3]  I did not attack him.

“she proceeded  to kick me in the back of the head in the area of my neck.  I told her to leave me alone and she verbally abused me for a few more moments”

- It seems that if a person sitting at ground level was repeatedly kicked in the back of the head and neck by a 145 lb woman who’s main mode of transportation is walking an injury would likely have occurred, even if just a bruise and not likely that he would stay seated to get repeatedly struck in the head.  Also, if randomly attacked by a screaming, raging woman it seems the description immediately following would not be “she verbally abused me a few more moments”.

 Regarding my alleged uncontrollable anger; There is no evidence of the angry, combative, foul mouth person described in the documentation describing the same event as in this video of  the ‘arrest’: https://www.youtube.com/watch?v=LCcxi-hH9vE&list=UUmy-CCCAg10LOSbNsIGmrbg

When the officers arrived and I went to play the recording of Randy stating I had to pay if I wanted hot water - I was roughly thrown down, cuffed and dragged from my porch.

It was explained when I was handed the ticket at the end of the ordeal that the disorderly conduct was because I yelled when they took me in.  As you can hear for yourself,  in my voice is pain, fear and astonishment at what Randy and his father are allowed to do and that standing up for my rights resulted in me being dragged from my ‘home’ and bruised. 

Also t continues to not make sense to me that hearings/trials were scheduled and I mandated to answer to charges prior to being privy to what the allegations are.

Please withdraw the charges based on the statement by Randy Gonzalez regarding the evening of May 31^st 2014. 

Please feel free to contact me via the above listed contact information and include any requests for clarification and/or further information with your response.

Sincerely,

Michelle Mayer

CC Judge Thomas Langan – Peekskill City Court

Arthur Schneider Esq. – former appointed attorney

Encl: Tickets issued May 31, 2014

(*** note: written Oct 2, and faxed October 3, 2014 – date was accidentally left off the letter head and sent. My apologies for any inconvenience this may cause.***)

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[1] Shortly after this incident after not having ot water for 5 months and futilely contacting city hall I called an outside plumber.  It was turned off at the circulator pump so I was producing hot water but it was going into the delis supply.  The plumber was able to return hot water in less that five minutes.  A week later there was a 72 hour notice on the door.

[2] They had filed an eviction for non-payment.  Order was granted June 16, 2014 despite documentation I provided to the contrary, I received a copy of the order Sept 24, 2014.

[3] Letter and link is also posted here for ease of clicking http://draconianpolicies.blogspot.com

The Joys of a public defender.... eeeeeek

Michelle Mayer

PO Box 40254

Brooklyn NY 11204

(xxx) xxx-xxxx

Fax: (xxx) xxx-xxxx

Arthur Schneider Esq.

PO Box 319

Shenorock, New York 10587

(914) 248-8315

Fax (914) 248-5992

September 26, 2014

Re:  docket numbers 14-0806 and 13-0407

Good Afternoon Mr. Schneider,

This ordeal is a series of misunderstandings that have gotten out of hand.

It seems you are still the lawyer on record to speak on my behalf.  Please request the warrant be vacated for non-appearance based on actions and documentation provided that proves I was unaware of the dates prior to their occurrence.  It is unfortunate that the mix up happened; now the current contact information is on file,  I am receiving correspondence in a timely manner and we can move forward.  If clarification or further information is required please advise. 

Based on events and information provided I renew my request dismiss charges pending in Peekskill City Court. .  If clarification or further information is required please advise. 

If we are unable to resolve the issues as requested I will be hiring an attorney via arranged funding and will need any all documents/paperwork associated with the charges including but not limited to the allegations against me, statements given, law(s) I am charged with violating, restraining order I was required to sign to avoid jail time, and letters sent and received on my behalf.  Please forward them to the above listed contact information, preferably via fax for time efficiency.  To choose the best lawyer for this process I need to know what the allegations/charges are.  Please also send via regular mail the documentation I handed you on June 5, 2014.

If we are able to resolve as requested the documentation is un-necessary, I would rather put this all behind me, focus on work and move on.

Thank you for your continued time and attention to these matters.

Best,

Michelle Mayer

CC:  Judge Thomas Langan

Michelle Mayer

PO Box 40254

Brooklyn NY 11204

(xxx) xxx-xxxx

Fax: (xxx) xxx-xxxx

Arthur Schneider Esq.

PO Box 319

Shenorock, New York 10587

(914) 248-8315

Fax (914) 248-5992

September 26, 2014

            Hello Mr. Schneider,

Did you submit the warrant vacated that was a result of non-appearance? Request is based on the correspondence sent to contact information different than I provided to the court.  Also, did you submit the ADA fair accommodation request and supporting documentation that I handed to you June 5^th, 2014?

Based on events and information provided I renew my request dismiss charges pending in Peekskill City Court, have you submitted that request?

   The letter from the court dated July 17, 2014 and three subsequent letters from you were sent to different contact information than I provided the court on June 17, 2014 via fax; it was impossible for me to receive them in a timely manner and lucky that I got them at all.   It seems I cannot legally be faulted for not appearing on August 7, 2014 when I did not receive the letters until August 27, 2014.  Please advise if clarification is needed for proof provided via fax on August 29, 2014.

Please note that my phone number has been consistent throughout this process, given the seriousness of the ramifications to not appearing it is unclear why you did not call when I did not respond to the letters.  Please, in the future, if I do not respond to official/business correspondence know I did not receive it and please follow through with another mode of contact.

If clarification or further information is required please advise. 

Please note, if we are unable to resolve the issues as requested I again renew my request made June 5, 2014 to remove you and will be consulting private council.

 Please include with your response any all documents/paperwork associated with the charges including but not limited to the allegations, statements given, law(s) I am charged with violating (not on the ticket), restraining order I was required to sign to avoid jail time. letters sent and received on my behalf . letter sent to me since issues began and the charges associated with the docket numbers.

Please note: I can not defend myself until I am told what law I am charged with breaking and what the allegations are.

Please forward thee requested information to the above listed contact information, preferably via fax for time efficiency and feel free to include any questions, comments, requests for clarification you have. 

Thank you for your continued time and attention to these matters. hopefully they will resolved quickly from here now that the address glitch is resolved.

Best,

Michelle Mayer

CC:  Judge Thomas Langan - via fax

ADA Anthony Moles C/o Peekskill City Court - via fax

Actual conversation here