(13-00304) District No.

PD4

:JAN 21, 2016

LOUIS J. RUSSO NOTICE TO COURT & MOTION FOR ORDER

In consideration of the elements of this case, The conserved person and estate,
Louis J. Russo hereby request the courts consideration and action specific to the final
accounting of his person and estate as it pertains to his pending Motion for Full
Restoration and Final Accounting.

Background and considerations specific to charges paid and pending

The foregoing notice to this court involves claims against the remaining
persons and or agencies claiming charges against the person and estate of Louis
Russo.
1. Between the dates of October 3rd and November 11th, 2014 Attorney Dean Lewis
was effective at completing the eviction proceedings, removing the unauthorized
tenants from Mr. Russos home, and lining up services for Mr. Russos return
home. The eviction charges were to be settled and paid for by Mark Braodmeyer
and not Louis Russo per probate court order and decree dated 9/5/2014 (located
on page 1, line 3 in Judge Langrebes Order and Decree).

2. Also between the dates of approximately October 20th 2014 - January 21st
2016(present), Volunteer veterans advocate, Daniel R. Gaita coordinated over

50 volunteers, multiple veterans support agencies, local, state and federal

elected officials, media and secured the donations of labor and materials needed
to safely and properly renovate and repair Mr. Russos home for his return. The
volunteers completed their mission by November 10th, 2014 and Mr. Russos
home was ready for his return. Additional agencies were coordinated through
Gaitas advocacy services that installed a new heating system, new windows
and provided extensive exterior improvements to Mr. Russos home.
3. In addition to preparing Mr. Russos home for his return, Gaita and other donors
also provided, at no cost, the loan of Phones, TVs, Fall Alert System, Internet,
WiFI, an 8 camera surveillance system, Droid tablet, an email address, Facebook
account, Ipod, IPad, and most of todays modern electronics and technological
amenities. Operation Vet Fit has paid for the cost of these services, where Gaita
serves as director.
4. Since Mr. Russo continues to have no access to his income, or finances, he has been
unable to open his own bank account and has been subject to poverty and reduced to
begging for money to sustain any sense of dignity or independence.
5. Additionally, Attorney Lewis had failed to secure many of the benefits that
Gaita lined up for Mr. Russo but was unable to attain for Mr. Russo as a result
of Dean Lewis restricting and limiting Lous advocates (Gaitas) efforts.
Specifically interfering with Gaitas ability to obtain the following for Mr.
Russo:

a.

VA Veterans Pension

b.

Food Stamp (SNAP) assistance

2

c.

Cash Assistance

d.

Utilities Assistance through CACD

e.

Lous Personal Identifications and property deeds

f.

Social Security Card and Income

g.

Bank account and access to his personal funds to

purchase food and basic necessities

6. It is important to note that these services would have been obstructed
indefinitely were it not for the advocacy and outreach by Gaita and others to
notify officials of what was transpiring. As a result, Dean Lewis delayed and
obstructed Mr. Russo from obtaining these benefits until February of 2015
when they would have been available by November 2014. Mr. Russo argues
that Dean Lewis did this in order to be able to get a reverse mortgage.

7. On January 9th 2015, Attorney Dean Lewis specifically, via email, insisted that
our lawmakers, agencies and advocates not correspond with Mr. Gaita
following Gaitas attempt to investigate the status of Lou Russos VA Veterans
Pension that he applied for in October 2014. This appears to be in direct violation
of appropriate conduct as a conservator is never to interfere or delay the efforts of
a conserved persons chosen advocate.

8. Also on January 9th 2015, following Attorney Dean Lewiss Email, outlined
above, Gaita replied to all agencies including the Probate Court and

Congressional Aides inquiring about the absurdity of Attorney Lewiss

actions, comments and orders in his email. This email resulted in the

following email dated (1/9/2014 @ 12:45:32PM EST) from

Attorney Dean Lewis to Lous Advocate, Daniel R. Gaita:
i.

Dan I copied you on my email. This is a Blatant

violation of the Privacy Act and I will deal with this sternly. I
am requesting that you cease and and all efforts as the
advocate for Mr Russo. It is becoming harmful rather than
helpful when you act as a lone
wolf. Thank you for your past assistance Dean cc: Atty
Terbrusch

b. Upon that date, Advocate, Daniel R. Gaita ceased all communication

and coordination with Attorney Dean Lewis for fear that Attorney Lewis
had now shown clear violations of the Probate Court rules specific to
interfering with the efforts of an advocate, CGS(Sec 45-650(m),
violating the patients bill of rights and his civil rights by obstructing
efforts to restore Mr. Russos independence, freedom and dignity.
c. These observations, concerns and communications were also copied to
the probate court for consideration and appropriate action. However,
9. Attorney Dean Lewis in coordination with Attorney Terbrusch filed a motion
with the court to seek court sanctions against Gaita, claiming he was illegally
practicing law without a license.
a. At the same time, Attorney Dean Lewis was attempting to obtain a
reverse mortgage on the property of Louis Russo despite Russos verbal

and written objections to the court. Dean Lewis billed Russo for the time
he took to take such unauthorized action and should not be paid for it.
b. Dean Lewis then served Gaita and his wife with a subpoena to testify at
probate court hearing specific to funds raised and expended to assist Mr.
Russo. Although Gaita showed up ready at the hearing and provided
advanced copies of all revenues and expenses, Lewis never questioned
him and still billed Louis Russo for charges surrounding this
unrequested and fruitless activity.
10. From January 2015 through his passing approximately September 2015, Dean
Lewis attempted to and succeeded in obstructing the efforts of Gaita and other
volunteers in an attempt to substantiate his claim that Mr. Russo required a
reverse Mortgage to pay his remaining debts even though he already knew that
Lou was to receive a VA pension (which Lewis delayed) and Social Security
income sufficient to cover all of Russos costs.
11. During the same duration Lewis never worked to resolve Russos nursing home
debts. This had to be carried out just prior to trial in January 2016 by Russo and
Gaita and in coordination with legal counsel representing the nursing home
where Russo resided. It was the efforts of Gaita and Russo that would lead to a
resolution of the debt to the nursing home and the withdrawal of action. Dean
Lewis nor his son Justin ever filed any motion or pleading that would result in
the outcome effectuated by the efforts of Russo and Gaita. In fact, Justin Lewis
requested the probate court authorize a settlement with the nursing home for
$10,000 even after Russo denied that request on the phone, via email and at

hearing.
a. Also important to note that while Russo and Gaita had been attempting
to resolve the nursing home debt, Justin Lewis refused to communicate
with Gaita and further pressed criminal charges at the Danbury and New
Fairfield Police Departments falsely claiming that Gaita was harassing
him.
12. Mr. Russo was billed an additional 16,525.00 by Lewis for carrying out
unauthorized and obstructive tactics and should not be granted in the final
accounting specific to this matter.
13. Such charges detailed above are claimed as an outstanding debt of $32,159.64
against Russo. Of those charges, $7,544.64 are not accounted for in the
statements provided by Lewis and should therefore be ignored/waived.
14. Louis Russo also requested a complete copy of his medical records, which were
denied to him despite over a dozen requests in writing, via phone and during
probate court hearings. However, he was billed $724.93 and has had to pay for
his records, which he has never received and no longer needs as a result of the
resolution of matters with the nursing home. He should not be charged for
records he was denied.
15. Attorney Richard Terbrusch is listed as having a claim outstanding of
approximately $9,040.00 but has yet to produce an accounting or detail of such
charges despite over a half dozen requests by Russo and Gaita in writing and
during probate court hearings. Additionally, the probate court had authorized
Terbrusch an additional $2,000 to represent Lou at his scheduled trial, which

was never held as a result of Gaita and Russos negotiation with the plaintiff in
that matter. However, Terbrusch was present for about 30 minutes and did
collect the required signatures from all parties in order to execute the
agreement. We estimate that may have taken a total of 1 hour.
16. Mr Russo has already paid $2,000 in fiduciary fees, and $1,677.50 in attorneys
fees which he argues are excessive given the lack of service he received and the
lack of legal representation he received.
17. Mr. Russo already paid $3,700, $33.76, and $153.40 in fees associated with the
eviction of the illegal tenants that Mark Broadmeyer was ordered to remove at
his cost. As well as other legal charges claimed by Dean Lewis for services,
research and due diligence that had actually been conducted prior, by Gaita, for
free.
18. At the same time, and as reported on the first accounting submitted by Justin
Lewis, Louis Russo has received $17,875 in income from Social Security and
the VA through October 15th, 2015 ($24,675 thru Feb 2016 est.) He has only
been given $200 in cash since being conserved in May 2014.
19. Mr. Russo argues that the only distributions that should be authorized by this
court through October 15th, 2015 are as follows:
a.

Property Taxes

$1,167.67

b.

Probate Court Fees

$1,256.00

c.

Utilities

$3,289.90

d.

Groceries

$2,337.67 -although no
receipts have been

furnished
e.

Homeowners Insurance

$1,799.57

f.

Dean Lewis Charges

$ 280.77

Total

$10,131.58

20. This would leave Mr. Russo with a remaining balance of $14,544.23 at the
time of his full restoration.

WHEREFORE, the Conserved person and estate, Louis J. Russo requests the
COURTS consideration and order that the amount of $14,544.23 be provided to
him at his upcoming restoration hearing and that any further alleged debts against his
person and estate by denied.

Respectfully Submitted,

DATED: 1/21/16

SIGNATURE - By: Louis J. Russo