Appendix — Lipko v. Christie

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upreme

FILED

02 $28 Aue 17 2002

No. OFFICE OF THE CLERK

|

In The

SUPREME COURT OF THE UNITED STATES

In Re A. LIPKO JR.

V.

M. CHRISTIE, E. LIPKO

Petition for a Writ of Certiorari to the

United States Court of Appeals for the

Second Circuit

APPENDIX TO WRIT OF CERTIORARI

A. LIPKO JR.

P.O. BOX 536

NEW HAVEN, CT 06503

(NO PHONE)

APPENDIX

TABLE OF CONTENTS

Page

Ce I ook scsi cis sa ncidceverccsns 2

Court of Probate Proposed Distributions...................3

Transcript, Judge Rush, 4/8/96...... uae ocabeiwduaad 4-6

Transcript, Judge Curran, 5/1/97....................608. 7-11

Appellate Court Denial, 12/10/97.......... occ cece 12

Partial Judgment Lien-Hdn.Prop.-M. Christie........ 13,14

Partial Judgment Lien-Hdn.Prop.-Eleanor Lipko......15,16

Partial Judgment Lien-Hdn.Prop.-A. Lipko Jr........... 17,18

Superior Court Milford-Judgment Lien,5/26/00.......19,20

Court of Probate-Notice of Hearing, 12/06/2000...... ....21

Milford Ct.-Motion to Open and Set Aside Jdgmt....22,23

A.C. 22365 — Jurisdiction Notice, 3/13/02..................24

Mfd.Ct. Not. Lis Pendens-Mfd.Prop.-M.C. 8/28/01..25,26

Mfd.Ct.Not. Lis Pendens-Mfd.Prop.-E.L., 8/28/01..27,28

Supreme Court of U.S.accepted Writ of Certiorari........ 29

Appellate Court Order: Pay Monetary Sanctions.......... 30

U.S. District Court Orde1, Dnd. TRO, 5/9/02......... 31-34

2™ Circuit U.S. Court of Appeals, Dnd. 6/13/02...........35

Superior Court Order, Skolnick, J.,dnd,08/08/96............ 36

Atty. Gonillo’s Response to Grievance Complaint....37-38

A.C. 22365, Appellate Court Dismissal, 2/20/02............ 39

A.C. 22365, Plaint. Mot. Per.File Late Brief, 2/4/02..40-41

A.C. 22365, Plaint. Mot.Dismiss App.Mon. Sanc......42-45

Letter from State of CT.Chief Attorney’s Office ........... 46

Commmncticurt State SHatutes..............0...ss00.ssscessesesesosanenes 47-49

Superior Ct, Curran, J., Memorandum of Decision....50-51

Superior Ct, App. Injunction/Summons/Complaint....52-54

CT. Supreme Court Petition for Cert. DND, 12/18/96.....55

Mfd.Ct., Not.Entry of Judgment-E.L., 4/23/02.......... 56-57

Mfd. Ct., Not. Entry of Judgment-M.C., 4/23/02....... 58-59

Constitutional Provisions Involved.....................::cccecee 60

APPENDIX

STATE OF CONNECTICUT Recorded:

COURT OF PROBATE _ Page: 1

DECREE RE: ADMINISTRATION ;

AND DISTRIBUTION (pc-262)

Court of Probate, District of Milford

District Number 084

In the matter of : Andrew Lipko 93-0129

Date of Administration Account: 12/8/94

At a Court of Probate held at the place and time of hearing

set by the Court together with any continuances thereof, as of

record appears, on the fiduciary’s application for allowance

of the administration account indicated above, ascertainment

of heirs and distributees, and an order of distribution.

PRESENT: Hon. Bernard F. Joy, Judge

After due hearing THE COURT FINDS THAT:

Notice was given in accordance with the order of notice

previously given. ‘

All succession taxes due to the State of Connecticut have

been paid.

The distributees of the rest, residue and remainder of said

estate are as set forth.in the schedule of proposed distribution

in said account.

WHEREFORE, it is ORDERED AND DECREED that:

Said account is allowed and approved.

aaa

Any unpaid bequests or legacies shall be paid over to those

legally entitled thereto.

| The rest, residue and remainder of said estate be distributed,

transferred and paid over to and among the distributees or

their fiduciaries by the fiduciary of the estate in accordance

with the provisions of the Will, and Codicil(s) if any, of said

deceased.

It is further ORDERED AND DECREED that said fiduciary

make due return of compliance with this Order.

Dated at Milford, CT, this 14" day of August, 1995.

s: Bernard F. Joy,

Bernard F. Joy, Judge

vane wdedtrient

2

APPENDIX

urt of Probate, District of Milfor Distric 084

ESTATE OF:

Andrew Lipko

FORM BEING CONTINUED

Decedent’s Estate Administration Accoun

PROPOSED DISTRIBUTIONS:

Cash on Hand for Distribution $75,500.00

Funds due from Andrew Lipko, Jr. for Fuel

Oil adjustment @ closing 478.50

Personal Effects — taken by Andrew Lipko Jr.

To be deducted from his distributive

share of the estate __1,000.00

Distributions to be based on a total of $76,978.50

Distributions as follows:

To: St. John’s Baptist Church Sp. Bequest $ 500.00

To: Margaret Christie Cash 25,492.83

To: Eleanor Lipko — Cash* 25,492.83

To: Andrew Lipko, Jr. — Cash 25,492.84

Less Fuel Oil adjust. 478.50

Less Pers. Effects 1,000.00 _ 24,014.34

Total Cash Distributions $75,500.00

*NOTE: The amount passing to Eleanor Lipko will be

reduced by $4,467.65 as repayment to the City of Milford for

Welfare Benefits Received. The net amount passing to

Eleanor is $21,025.18.

es)

APPENDIX

DOCKET NUMBER: CV-95-0049467-S

KEAEKEEKEAEKEHEE E KHEEKKEEKKAEKEK EK KK *

LIPKO, ANDREW JR. * * SUPERIOR COURT

. * JUDICIAL DISTRICT

V. ” *OF ANSONIA/MILFORD

° * AT MILFORD

LIPKO, ANDREW SR.* °

EST ET AL ” * APRIL 8, 1996

KeEAKKKKEHEE EE EK KE KEEKKKEHEKHEKEEK EK K€

DOCKET NUMBER: CV-96-0053297-S

KeKKKKKEHK KE KK * KKEEKKKKKKEKKK KK K *

CHRISTIE, M. ET AL* * SUPERIOR COURT

" * JUDICIAL DISTRICT

V. " *OF ANSONIA/MILFORD

? * AT MILFORD

LIPKO, ANDREW JR.* * APRIL 8, 1996

KEKKEKKEEKEK EE * KEEKKKKKKKK KK KK

A COMBINED HEARING BEFORE:

THE HONORABLE WILLIAM B. RUSH, JUDGE

APPEARANCES: :

CHRISTINE M. GONILLO

Hurwitz & Sagarin, PC

P.O. Box 112

147 North Broad Street

Milford, CT 06460

ANDREW LIPKO JR. (PRO SE)

WILLIAM E. PACIGA

COURT RECORDING MONITOR

*This transcript is not certified if photocopied.

4

APPENDIX

16

THE COURT: And absent that then there’s no

reason to issue a temporary injunction on other matters

because Mr. Lipko says he is not going to do them. But I

suppose what we can do if any matter is filed by Mr. Lipko

in this district, in Milford, then the file should be

immediately delivered to me, on the request of either side

and I can take up the situation at that time. Because the

estate has a right to be protected or know what’s going to

happen on a case that’s ended. And if the only reason it isn’t

ended is because I issued some order on the fifteenth of

March and the appeal period has not expired, once that

expired, that’s the end of it as far as I’m concerned. So

technically I’m going to mark the motion for a temporary

injunction off. If anything further is filed in this district then

you can reactivate that request and I'll hear it on an

expedited fashion. But that would not include any action

Mr. Lipko wishes to take with the appellate court ... .

18

THE COURT. ... complaint, the underlying complaint. Now

assuming that Mr. Lipko does nothing. What...when will the

estate be concluded?

MS. GONILLO: I really don’t want to close that, have Mrs.

Christie do the affidavit of closing until such time as Mr.

Lipko decides whether he is going to file an appeal to your ...

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DOCKET NUMBERS: CV-95-0049467-S

CV-95-0053297-S

KEKEKEKEKEKKEKEKKEEEKEK KHEKKKKRKEKEKAKERE EE &

APPEARANCES * * SUPERIOR COURT

CHRISTINE M. GONILLO * * JUDICIAL DISTRICT

Hurwitz & Sagarin * * ANSONIA/MILFORD

P.O. Box 112 * * AT MILFORD

Milford, CT 06460 . 9

*

*

ANDREW LIPKO JR. * * APRIL 8, 1996 -

KKKHKKHEHKKEKEKEKKEKEKEKEKEK KKEKKEKKEKRREEKREEK

CERTIFICATION

I hereby certify that, to the best of my ability, the foregoing

is a true and correct transcript of the tape of the proceedings

heard before The Honorable William B. Rush, Judge, in

Superior Court, Judicial District of Ansonia/Milford, at 14

West River Street, Milford, Connecticut.

S: William E. Paci

William E. Paciga

COURT RECORDING MONITOR

*This certificate does not apply to photocopies.

ION

APPENDIX

CV96 0053297 : SUPERIOR COURT

MARGARET CHRISTIE : J.D. ANSONIA/MILFORD

VS. : AT MILFORD

ANDREW LIPKO, JR. : MAY 1, 1997

BEFORE:

HON. HUGH CURRAN, REFEREE AT MILFORD

APPEARANCES:

FOR THE PLAINTIFF: CHRISTINE GONILLO, ESQUIRE

FOR THE DEFENDANT: PRO SE

Patricia Gargiulo

Court Monitor

I~

(Attorney Gonillo questioning Mrs. Christie)

P.56 Q. And the estate has remained open during this

litigation, correct? A. Correct.

Q. Has that caused you to pay for accountant fees due to the

estate still being opened? A. Yes, because we have to

file federal and state income taxes for the four years that

it’s been open.

Q. Now the first year you would have paid those anyway.

A. M-hm.

Q. But is it your claim that because of Mr. Lipko’s litigation

you were forced to keep this estate open and forced to

file further tax returns? A. Yes.

Q. Now, are you aware of the amount of money being

charged to you by the accountant? A. I —

Q. For filing of these tax returns. A. I filed two times after

the first year, two times and the first accountant bill was

$318. The second was I haven’t received yet. ...

P. 57. Q. And do you recall whether you had asked the

accountant for a bill for what his fees will be for the next two

tax returns he has to file? A. Yes.

Q. And what’s your understanding of what the bill will be?

A. I haven’t seen the bill yet. It just arrived in the last

day or so in your office.

Q. Okay. I want to show you a document and I want to ask

you if you can identify this. A. Yes, this is a copy of the

_ bill | received from the accountants for the tax year ‘93

to 94. It must be 94 to ’95. ’93 to 94 is the first one.

This is the bill for the next tax year ’95 to ’96 and that’s -

for $300. And the estimated bill the last tax year ’96 to

’97 looks like it’s estimated to be another $300. Plus the

Connecticut service tax of $36.

MS. GONILLO: Let the record reflect I’m showing this

document to Mr. Lipko.

8

THE COURT: And the purpose of this is to show the

additional expenditures that the estate has incurred-because it

has remained open all this time.

MS. GONILLO: And it does not include the first-year.

THE COURT: May be marked as a full exhibit.

CLERK: 19.

(PLAINTIFF’S EXHIBIT 19: Accountant bills}

Q. And Mrs. Christie you’ve had to expend — withdrawn.

The estate has had to expend sums-ef meney-in

defending litigation brought by Mr. Lipko. A. Yes.

P. 58. Q. Do you have a general idea of what the

approximate amount of that sum is? A. Close to

$40,000.

Q. And your Honor, I have in my hand an affidavit in

support of attorney fees. Let the record reflect I am

going to have Mr. Lipko look at the original.

THE COURT: May be marked.

CLERK: 20.

(PLAINTIFF’S EXHIBIT 20: ATTORNEY FEES

AFFIDAVIT)

Q. Mrs. Christie, I’m going to show you a copy-ef-

been marked as Plaintiff's Exhibit 20 and ask you to

review it with me. The first exhibit consists of a bill for

work that the firm did from August 24, 92 to January 31,

’95, correct? A. Yes.

Q. This includes the probate estate work, right? A. Yes.

Q. It includes things that was done before the probate —

MR. LIPKO: I’m going to object. If counsel is going to ask

a question, let her ask the question.

THE COURT: I agree. Sustained.

Q. Now, could you please read into the record now that this

is a full exhibit, what the total time value on the second

page for all of that service was. A. Fhe-total value was

$26,128.30. ...

INO

P. 64. Q. That afternoon you went to the Probate Court to

ask that Probate Court approve the fees coming out of the

estate to pay for this appeal? A. Yes. ...

Q. When’s the next time you came down? A. August 14,

1995, the Probate Court hearing the final accounting.

My brother did not appear but the final accounting was

done that day.

Q. And that was the day we were able to go forward and get

the final accounting approved. A. Yes.

Q. And when was the next time you came down, Mrs.

Christie? A. March 11, 1996.

Q. What was that for? A. That was Superior Court also

and that was our motion for temporary injunction and his

appeal from the Appellate Court.

Q. Okay. And the next time you came down? A. March

25, 1996 in the Superior Court on the motion for

temporary injunction and his motion to reopen the

appeal.

Q. Was that March or May of ’95? ...

CASE NO. CV96 0053297 * SUPERIOR COURT

MARGARET CHRISTIE *J.D. OF ANSONIA/MILFORD

VS. * AT MILFORD

ANDREW LIPKO, JR. * MAY I, 1997

CERTIFICATION

I hereby certify that the foregoing is a true and

correct transcript of the above-entitled case, heard before the

Hon. Hugh Curran, Referee, at the Superior Court, Judicial

District of Ansonia/Milford at Milford, Connecticut on the

1“ day of May, 1997.

Dated at Milford, Connecticut on this the 23™ day of

September, 1997.

s: Patricia Gargiulo

Patricia Gargiulo

Court Monitor

APPENDIX

No. A.C. 17591

M. CHRISTIEET AL. : APPELLATE COURT

V. . : STATE OF CONNECTICUT

ANDREW LIPKO, JR. : DECEMBER 10, 1997

ORDER

THE MOTION OF THE PLAINTIFFS’, FILED

OCTOBER 6 1997, TO DISMISS APPEAL,

ORDERED denied as to any issues relating to

equitable relief; granted as to any claims relating to damages.

BY THE COURT,

s: Michele T. Angers

Michele T. Angers, Esq.

Deputy Chief Clerk

NOTICE SENT: 12/12/97

HURWITZ & SAGARIN, P.C.

ANDREW LIPKO, JR., pro se

TOPAC

er

APPENDIX

PARTIAL ASSIGNMENT OF JUDGMENT LIEN

Hamden property

KNOW ALL MEN BY THESE PRESENTS, THAT

MARGARET CHRISTIE, EXECUTRIX OF THE ESTATE

OF ANDREW LIPKO, SR.

of the Town of Plainfield, County of Washington and State

of Vermont (“Assignor’), for the sum of one dollar and other

valuable consideration, the receipt of which is hereby

acknowledged, has granted, bargained, sold, assigned,

transferred and set over, and by thege presents does grant,

bargain, sell assign, transfer and set over unto

MARGARET CHRISTIE, INDIVIDUALLY of the Town of

Plainfield, County of Washington and State of Vermont

(“Assignee”).

The sum of TWENTY ONE THOUSAND EIGHT

HUNDRED NINETY SIX AND 23/100 ($21,896.23) of and

from that certain Judgment Lien dated May 26, 2000 and

recorded June 8, 2000 in Volume 1953 at Page 059 of the

Hamden Land Records, to which reference may be had for a

more particular description of said Judgment Lien and of the

land therein described, together with the debt and obligation

therein described, and the money due or to become due

thereon with the interest, more particularly judgment in the

sum of $78,556.56 plus costs of $538.30.

TO HAVE AND TO HOLD the same unto the said

Assignee, its heirs and assigns forever.

IN WITNESS WHEREOF, the Assignor has hereunto set its

hand and seal this 12 day of December, 2000.

13

Signed, Sealed and Delivered in the Presence of

s: Joanne Brickey s: Margaret Christie

Margaret Christie, Executrix of the

Estate of Andrew Lipko, Sr.

s: Mary M. Baker

STATE OF VERMONT

SS:

COUNTY OF WASHINGTON

Personally appeared Margaret Christie, Executrix of the

Estate of Andrew Lipko, Sr., signor and sealer of the

foregoing Instrument, and acknowledged the same to be her

free act and deed before me.

s: Mary M. Baker

Notary Public/Commissioner of Superior Court

Received for record FEB 8 2001

At 9:34 A.M. at Hamden, CT

s: Vera A Morrison

Hamden Town Clerk VL 2022. PG 046

APPENDIX

PARTIAL ASSIGNMENT OF JUDGMENT LIEN

Hamden property

KNOW ALL MEN BY THESE PRESENTS, THAT

MARGARET CHRISTIE, EXECUTRIX OF THE ESTATE

OF ANDREW LIPKO, SR.

of the Town of Plainfield, County of Washington and State

of Vermont (“Assignor’”), for the sum of one dollar and other

valuable consideration, the receipt of which is hereby

acknowledged, has granted, bargained, sold, assigned,

transferred and set over, and by these presents does grant,

bargain, sell assign, transfer and set over unto

ELEANOR LIPKO of Town of Fort Plain, County of

Montgomery and State of New York (“Assignee”),

The sum of TWENTYONE THOUSAND EIGHT

HUNDRED NINETY SIX AND 24/100 ($21,896.24) of

and from that certain Judgment Lien dated May 26, 2000 and

recorded June 8, 2000 in Volume 1953 at Page 059 of the

Hamden Land Records, to which reference may be had for a

more particular description of said Judgment Lien and of the

land therein described, together with the debt and obligation

therein described, and the money due or to become due

thereon with the interest, more particularly judgment in the

sum of $78,556.56 plus costs of $538.30.

TO HAVE AND TO HOLD the same unto the said

Assignee, its heirs and assigns forever.

15

IN WITNESS WHEREOF, the Assignor has hereunto set its

hand and seal this 12 day of December, 2000.

Signed, Sealed and Delivered in the Presence of

s: Joanne Brickey s: Margaret Christi

Margaret Christie, Executrix of the

Estate of Andrew Lipko, Sr.

s: Mary M. Baker

STATE OF VERMONT

SS:

COUNTY OF WASHINGTON

Personally appeared Margaret Christie, Executrix of the

Estate of Andrew Lipko, Sr., signer and sealer of the

foregoing instrument, and acknowledged the same to be her

free act and deed before me.

S: Mary M. Baker

7 Notary Public/Commissioner of Superior Court

oe

Received for record FEB 8 2001

At 9:32 A.M. at Hamden, Ct.

s: Vera A. Morrison

Hamden Town Clerk VI 2022 PG045

APPENDIX

PARTIAL ASSIGNMENT OF JUDGMENT LIEN

Hamden Property

KNOW ALL MEN BY THESE PRESENTS, THAT

MARGARET CHRISTIE, EXECUTRIX OF THE ESTATE

OF ANDREW LIPKO, SR. Of the Town of Plainfield,

County of Washington and State.of Vermont (“Assignor’),

for the sum of one dollar and other valuable consideration,

the receipt of which is hereby acknowledged, has granted,

bargained, sold, assigned, transferred and set over, and by

these presents does grant, bargain, sell assign, transfer and

set over unto

ANDREW LIPKO, JR. of the Town of Hamden, County of

New Haven and State of Connecticut (“Assignee’’).

The sum of THIRTY FIVE THOUSAND THREE

HUNDRED TWO AND 39/100 ($35,305,302.39) of and

from that certain Judgment Lien dated May 26, 2000 and

recorded June 8, 2000 in Volume 1953 at Page 059 of the

Hamden Land Records, to which reference may be had for a

more particular description of said Judgment Lien and of the

land therein described, together with the debt and obligation

therein described, and the money due or to become due

thereon with the interest; more particularly judgment in the

sum of $78,556.56 plus costs of $538.30.

TO HAVE AND TO HOLD the same unto the said

Assignee, its heirs and assigns forever.

In witness whereof, the Assignor has hereunto set its hand

and seal this 12 day of December, 2000.

Signed, Sealed and Delivered in the Presence of

s: Joanna Brickey s: Margaret Christie

Margaret Christie, Executrix of

The Estate of Andrew Lipko Sr.

s: Mary M. Baker

17

——— Ss ee Te eee ee ee ae ee

STATE OF VERMONT

SS:

COUNTY OF WASHINGTON -

Personally appeared Margaret Christie, Executrix of the

Estate of Andrew Lipko, Sr., signer and sealer of the

foregoing instrument, and acknowledged the same to be her

free act and deed before me.

s: Mary M. Baker

Notary Public/Commissioner of

Superior Court

Received for record Feb 8 2001

At 9:30 AM at Hamden, CT. VI. 2022 PG 044

S: Vera A. Morrison

Hamden Town Clerk

APPENDIX

Docket No. CV96 0053297 S -: SUPERIOR COURT

MARGARET CHRISTIE ET AL : J.D. OF ANSONTA/

VS. : MILFORD

: AT MILFORD

ANDREW LIPKO, JR. : MAY 26, 2000

JUDGMENT LIEN

This is to certify that MARGARET CHRISTIE ET

AL., of Plainfield Vermont, on May 26, 2000, in the

Superior Court within and for the Judicial District of

ANSONIA/MILFORD, at MILFORD, did obtain a judgment

in its favor, against ANDREW LIPKO, JR, whose last-

known address is 110 Blue Hills Avenue, Hamden

Connecticut, P.O. Box 536, New Haven, Connecticut. The

original amount of said judgment was $78,557.56 damages,

plus costs of suit, which judgment remains wholly

unsatisfied, and to secure said unsatisfied sums, and the

lawful interest thereon, a judgment lien in favor of said

MARGARET CHRISTIE ET AL is hereby placed upon the

following-described real estate of the said ANDREW

LIPKO, JR. situated in the Town of HAMDEN, County of

New Haven and State of Connecticut. a.

ALL THAT CERTAIN PIECE OR PARCEL OF LAND,

WITH THE BUILDINGS AND ALL OTHER

IMPROVEMENTS THEREON, SITUATED IN THE Town

of Hamden, County of New Haven and State of Connecticut,

known as 110 Blue Hills Avenue, being Lot #27 on the map

entitled, “Park Acres, Hamden, Conn., Developed by Pine

Rock Homes, Incorporated. Hamden, Conn., Scale 1 inch

equals 100 feet, Nov. 20, 1950”. Frederick C. Hahn,

Surveyor, on file in the Hamden Town Clerk’s Office, said

Lot being bounded

19

SOUTHEAST by Blue Hills Avenue, 75 feet.

EAST by the junction of Blue Hills Avenue and Baldwin

Road, by a curved line, 31.42 feet;

NORTHEAST by Baldwin Road, 90.63 feet.

NORTHWEST by Lot #26 on said map, 98.92 feet;

SOUTHWEST by Lot #28 on said map, 118.39 feet.

Said premises are subject to certain restrictions contained in

a deed from Pine Rock Homes, Incorporated to Frank

Loraine Kockler and Genevieve H. Kockler dated February

13, 1952, recorded in Volume 314 on Page 8 of the Hamden

Land Records.

Pursuant to Connecticut General Statutes S. 52-380a.

—

Dated at MILFORD, Connecticut this 6” day of June, 2000.

s: istine M. Gonill

CHRISTINE M. GONILLO

Cody & Gonillo, LLP

185 North Broad Street

Milford, Connecticut 06460

Tel: (203) 878-7491

Juris. #416476

Received for record Jun 08 2000 VL 1953 PGO59

s: Vera A. Morrison

Hamden Town Clerk

APPENDIX .

STATE OF CONNECTICUT Recorded:

COURT OF PROBATE Page |

NOTICE OF HEARING (PC-130)

REV _.4/85

Court of Probate, District of Milford

District Number 084

Estate of: Andrew Lipko 93-0129

Petitioner: Margaret Christie

Place of Hearing:

Probate Court for the District of Milford

Parsons Office Complex

70 West River Street

Miltord, CT 06460

Date of Order: | 1/27/2000 Hearing Date: 12/06/2000

Time. 12:15 P.M.

UPON THE APPLICATION OF THE PETITIONER FOR

status conference AS PER APPLICATION ON FILE MORE

FULLY APPEARS,

IT IS ORDERED THAT: /

Said application be heard and determined at the Court of

Probate at the date, time, and place indicated above. As a

person who may have an interest in this matter you may

attend the hearing although you are not required to attend.

The court does, however, require the appearance of the

attorney of record or the fiduciary if there is no attorney. If

you want more information in advance of the hearing, please

contact either the petitioner or the attorney, or make

arrangements to visit the court prior to the hearing to review

the docuinents which are on file.

s:

Temp. Ass’t. Clerk

APPENDIX

CV-96-0053297-S : SUPERIOR COURT

M. CHRISTIE : J.D. OF ANSONTA/MILFORD

V. : AT MILFORD

A. LIPKO : JULY 20, 2001

MOTION TO OP E

TATEMENT A DIN

This Beneficiary to the Estate of A. Lipko Sr.

appealed three decisions of the Probate Court, because of

Malfeasance in the Estate: Succession Tax, filed 7 months.

late; taxes, penalties and interest of $22,208.11; the house

was sold before the inventory was in the Probate Court, lack

of trust in the Executrix concerning the bank accounts, etc;

and the lead attorney, Henry Maretz was removed by Probate

Judge B. Joy, who, himself, resigned when the permanent

injunction was issued against this Beneficiary. He had one

year left to serve. The Probate Judge had refused to have the

bank accounts verified, where there was legitimate cause for

concern. The first appeal was dismissed in the Superior

Court, and the third appeal was never returned to Superior

Court. The second appeal, A.C. 15095, went up to the

Appellate Court, and was dismissed on 10/25/95, on requesst

of C. Gonillo. It was dismissed in error, because C. Gonillo

filed her Motion to Dismiss after the 10-day period, see letter

from Chief Clerk Drumm. Motion to Reopen Appeal, A.C.

15989, filed with Superior Court on 4/15/96, and C. Gonillo

offered false evidence against this Beneficiary, was

dismissed on 10/30/96. Petition for Certification filed with

the... .

... court of improper and illegal venue, and the

action was barred by statute.

~ THE DEFENDANT

s: A. Lipko

a i

A. Lipko

ORDER

The foregoing “Motion to Open and Set Aside the

Judgment”, having been heard by this Court, is hereby

ORDERED: GRANTED/DENIED.

BY THE COURT

Judge/Clerk

CERTIFICATION

[ hereby certify that the foregoing has been mailed,

by first class mail, postage prepaid, this 4" day of August,

2001, to Attorney Christine Gonillo, Cody & Gonillo, 185 N.

Broad St., Milford, CT 06460.

THE DEFENDANT

s: A. Lipko

A. Lipko

P.O. Box 536

New Haven, CT 06503

APPENDIX

AC. 22365 : APPELLATE COURT

M. CHRISTIE ET AL. : STATE OF CONNECTICUT

V.

A. LIPKO JR. : MARCH 13, 2002

JURISDICTION

1. Please be advised that this Case is under the

subject matter and in personam jurisdiction under the Federal

Court’s jurisdiction.

THE APPELLANT

s: A. Lipko Jr.

A. Lipko Jr.

CERTIFICATION

This is to certify that a copy of the foregoing was

mailed, postage prepaid, to C. Gonillo, Esq., Cody &

Gonillo, 185 N. Broad St., Milford, CT, this 13" day of

March, 2002.

THE APPELLANT

s: A. Lipko Jr.

A. Lipko Jr.

P.O Box 536

New Haven, CT 06503

24

APPENDIX -

RETURNDATE:SEPTEMBER25,2001:SUPERIORCOURT

MARGARET CHRISTIE ‘J.D. OF ANSONIA/

MILFORD :

VS. ‘AT MILFORD ;

ANDREW LIPKO, JR. :AUGUSF 28, 2001 .

NOTICE OF LIS PENDENS — MILFORD PROPERTY

In accordance with Connecticut General Statutes Sec.

52-325, notice is hereby given of the pendency of a-civil

action between the above named parties, which action is

brought claiming a judgment of foreclosure by a writ dated

August 28, 2001, and made returnable to the Superior Court

for the Judicial District of Ansonia/Milford at Milford on the

4" Tuesday of September, 2001. In said action, the above

named plaintiff claims an interest in and to the real_ property

which is subject to the civil action above, which real property

is bounded and described as follows: ;

ALL THAT CERTAIN PIECE OR PARCEL OF

LAND, with the buildings thereon, situated 1 of

Milford, County of New Haven and State of Connecticut,

designated as Lot No. 17, as shown on Map of Pr of

Charles and William Honek, dated July 17, 1947, revi

November 24, 1947, made by George E. Thompsen; and on

file in the Milford Town Clerk’s Office, together with a piece

of land lying to the east thereof, and being further- beunded

and described as follows:

WEST: On Page Street, 48.17 feet, by a curved line; |

NORTHWEST: On other land now or formerly of Charles

and William Honek, 19.13 feet;

NORTHEAST: On land now or formerly of Patsy and

Beatrice Verrilli, 148.84 feet, more or less;

SOUTHEAST: On land now or formerly of John and Anna

Ribon, 62.04 feet;

SOUTHWEST: On Lot No. 16, as shown on said map, and

a passway, each in part, in all, 129.88 feet, more or less.

Together with a right of way 13 feet in width extending to

Holly Street, as shown on said map.

Said premises being known as 31 Page Street.

Dated at Milford, Connecticut this 28" day of August, 2001.

THE PLAINTIFF

MARGARET CHRISTIE

BY s: Christine M, Gonillo

Christine M. Gonillo

Cody & Gonillo, LLP

185 North Broad St.

Miltord, CT 06460

(203) 878-7491

Juris No. 416476

Received for record AUG 29 2001

At 3:53:51 P.M. and recorded by me.

s: Alan H, Jepson

Milford City Clerk VOL 2503 PG 705

APPENDIX

RETURN DATE: SEP 25, 2001 : SUPERIOR COURT

ELEANOR LIPKO - J.D. ANSONTA/

VS. : MILFORD

ANDREW LIPKO, JR - AT MILFORD

: AUGUSF 28, 2001

NOTICE OF LIS PENDENS — MILFORD PROPERTY

In accordance with Connecticut General Statutes Sec.

52-325, notice is hereby given of the pendancy of a civil

action between the above named parties, which action is

brought claiming a judgment of foreclosure by- a writ-dated

August 28, 2001, and made returnable to the Supenor Court

for the Judicial District of Ansonia/Milford-at-Milford-on the

4* Tuesday of September, 2001. In said action, the above

named plaintiff claims an interest in and to the real praperty

which is subject to the civil action above, which real

property is bounded and described as follows:

ALL THAT CERTAIN PIECE OR PARCEL OF

LAND, with the buildings thereon, situated in-the-City of

Milford, County of New Haven and State of Connecticut,

designated as Lot No. 17, as shown on Map ef Property of

‘Charles and William Honek, dated July 17, 1947, revised

November 24, 1947, made by George E. Thompsen,

file in the Milford Town Clerk’s Office, together with

piece of land lying to the east thereof, and being _—

bounded and described as follows:

WEST: On Page Street, 48.17 feet, by sieiiliade

NORTHWEST: On other land now or formerly of Charles

and William Honek, 19.13 feet;

NORTHEAST: On land now or formerly of Patsy and

Beatrice Verrilli, 148.84 feet, more or less;

SOUTHEAST: On land now or formerly of John and Anna

Ribon, 62.04 feet;

SOUTHWEST: On Lot No. 16, as shown on said map, and a

passway, each in part, in all, 129.88 feet, more or less.

ie ols 5 a te ne a at

Holly Street, as shown on said map.

Said premises being known as 31 Page Street.

Dated at Milford, Connecticut this 28" day of

August, 2001.

THE PLAINTIFF

ELEANOR LIPKO

BY s: Christine M. Gonillo

Cody & Gonillo, LLP

185 North Broad St.

Milford, CT 06460

_ (203) 878-7491

Juris No. 416476

Together with a right of way 13 feet in width extending io

Received for record AUG 29 2001

At 3:53:23 P.M. and recorded by me.

s: Alan H. Jepson VOL 2503 PG 704

APPENDIX

SUPREME COURT OF THE UNITED STATES

OFFICE OF THE CLERK

WASHINGTON, D.C. 20543

November 30, 2000

Mr. Andrew Lipko

P.O. Box 536

New Haven, CT 06503

Re: Andrew Lipko, Jr. v. Margaret Christie

No. 00-873

Dear Mr. Lipko:

The petition for a writ of certiorari in the above

entitled case was filed July 5, 2000 and placed on the docket

November 29, 2000 as No. 00-873.

Forms are enclosed for notifying opposing counsel

that the case was docketed.

Sincerely,

William K. Suter, Clerk

by s: Gail B Johnson

Gail B. Johnson

Assistant

Enclosures

APPENDIX

APPELLATE COURT

STATE OF CONNECTICUT

AC22365

MARGARET CHRISTIE ET AL.

V.

ANDREW LIPKO

MARCH 20, 2002

ORDER

THE MOTION OF THE NAMED PLAINTIFF,

FILED JANUARY 7, 2002, FOR MONETARY

SANCTIONS, HAVING BEEN PRESENTED TO THE

_ COURT, IT IS HEREBY

ORDERED THAT THE DEFENDANT f§ TO

PAY MONETARY SANCTIONS IN THE AMOUNT OF

$1,485.00 TO ATTORNEY CHRISTINE M. GONH,LO,

COUNSEL FOR THE PLAINTIFF, ON OR BEFORE

APRIL 19, 2002.

: BY THE COYRT,

FLYNN, J., IS RECUSED.

S: Cynthia M. Gwerek _

ASSISTANT CLERK-APPELLATE

NOTICE SENT: 3/21/02 :

CHRISTINE M. GONILLO

ANDREW LIPKO, JR., PRO SE

HON. KAREN NASH SEQUINO

CLERK, SUPERIOR COURT, ANSONIA/MILFORD,

CV96 053297S

628/012707

BJM

APPENDIX

UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

A. LIPKO JR. .

V. : Civ. Action No.

M. CHRISTIE : 3:02 CV 479 (SRU)

ORDER

A.Lipko Jr. (“Lipko”) has moved for entry of a

temporary restraining order to prevent the apparently

imminent foreclosure of his home to satisfy a state court

judgment. Specifically, Lipko seeks to restrain the

defendant, Margaret Christie (“Christie”), who-has seeured a

judgment against Lipko in the underlying action, as well as

numerous third parties including the “State of € icut,

Supreme, Appellate, Superior Court Jurist, the Agents of

State,” and Christie’s lawyer in the underlying action, until

the court can determine the merits of this action.

A party seeking a temporary restraining erder-

(“TRO”) must show that he will suffer irreparable harm if the

order is not granted and either (1) a likelihood of on

the merits, or (2) sufficiently serious questions going to the

merits to make them a fair ground for litigation-and a-balance

of hardships tipping decidedly in his favor. Warner-Lambert

Co. v. Northside Development Corp., 86-F:343, 6 (2d Cir.

1996); Jackson Dairy, Inc. V. H.P. Hood & Sons, 596 F.2d

70, 72 (2d Cir. 1979). The purpose of a TRO is“ “te preserve

- an existing situation in statu quo’ until the movant’s

forthcoming application for a preliminary inyunetion-may be

fully considered.” Wamner Bros. Inc. v. Dae Rim Trading,

Inc., 877 F.2d 1120, 1125 (2d Cir. 1989) (queting Pan-

American World Air. V. Flight Eng. Intern. Assoc., 306 F.2d

840, 842 (2d Cir. 1962)).

Assuming that the imminent foreclosure of Lipko’s

home would constitute irreparable harm, he is, nonetheless,

not entitled to the requested TRO because he has failed to

demonstrate either a likelihood of success on the merits or

sufficiently serious questions going to the merits.

Specifically, Lipko is unlikely to succeed on the merits

because this court, in all likelihood, lacks subject matter

jurisdiction over the claims in Lipko’s Complaint.

In Rooker v. Fidelity Trust Co. 263 U.S. 413, 415-16

(1923), and District of Columbia Court of Appeals v.

Feldman, 460 U.S. 462 482 (1983), the Supreme Court held

that the federal district court lacks subject matter jurisdiction

to review state court judgments. Thus, under the Rooker-

Feldman doctrine, the federal district cannot entertain a

collateral attack on a state court judgment “cloak[ed] ... as a

[section] 1983 action.” Davidson v. Garry, 956 F. Supp. 265,

269 (E.D.N.Y. 1996), aff'd, 112 F.3d 503 (2d Cir. 1997).

Section 1983 may not be used as a substitute for the right of

appeal in the state courts. See Tonti v. Petropoulous, 656

F.2d 212, 216 (6" Cir. 1981); McArthur v, Bell, 788 F. Supp.

706, 709 (E.D.N.Y. 1992); Noyce v. City of Iola, Kansas,

No. 89-4092-R, 1990 WL 41399 (D. Kan. Mar. 29, 1990)

(citing cases).

Lipko’s claims are, in all likelihood, barred by the

Rooker-Feldman doctrine. All of the alleged facts supporting

his claims arise in the context of the underlying state actions.

-(See Compl. P. 4.) Moreover, each of the claimed violations

of his federal rights arise out of, and are indistinct from, the

underlying judgment. See Johnson v. Smithsonian Inst., 189

F.3d 180, 186 (2d Cir. 1999), citing Garry v. Geils, 82 F.3d

1362, 1365 (7" Cir. 1996)(“[T]he fundamental and

appropriate question to ask is whether the injury alleged by

the federal plaintiff resulted from the state court judgment

‘tself or is distinct from that judgment.”). For example,

Lipko alleges that he was denied his “right to [a]

determination [of] probable cause before the Trial and that

the information which formed the basis of the Trial and

prosecution was supplied by the state agent. ... with the

knowledge that it was false.” (Compl. P. 4.) He also frames

his injury as his having been “falsely prosecuted.” (Id.) In

addition, Lipko asserts that the foreclosure action “deprived

him of his property without due process,” and he challenges

“the State Statute as procedurally defective under the

Fourteenth Amendment.” (Id.) Finally, Lipko asks the court,

inter alia, to “[v]Jacate all the judgment liens on the two

properties; and vacate the order of the Appellate Court for a

hearing on damages ...” and that the “Defendants be enjoined

... from issuing any execution on the alleged judgment or

from taking any steps to enforce the alleged judgment.” (Id.

P. 5.) Thus, Lipko is not likely to succeed on the merits of

his claims because, in all likelihood, this court lacks subject

matter jurisdiction over them by operation of the Rooker-

Feldman doctrine.’ See. e.g., Beckford v. Citibank N.A., No.

00 Civ. 205, 2000 WL 1585684 at *2-4 (S.D.N.Y Oct. 24,

2000)(barring plaintiff's claim that defendants violated

federal and state law during foreclosure proceedings); Drew

v. Chase Manhattan Bank, N.A., No. 95 Civ. 3133, 1998 WL

430549 at *6(S.D.N.Y. July 30, 1998) (barring pro se

plaintiff's claims under Sec. 1983 that foreclosure judgment

violated plaintiffs due process and equal protection rights

and was procured by fraud); Millman v. PNC Bank, No 97

Civ. 3097 (HB), 1998 WL 635548 (S.D.N.Y. Sept 16, 1998)

(dismissing common law fraud and bad faith claims attacking

process used by defendants to obtain deficiency judgment

entered in state court); Si nv nam nty Natl.

' The court will not dismiss this action at this time, sua sponte, for lack of

subject matter jurisdiction because the pro se plaintiff has not yct had an

opportunity to address this issue, either in reply to an opposition to the

motion for a TRO (because no opposition has been filed), or to an order

to show cause issued by the court. Lipko will, therefore, have an

opportunity to address the jurisdictional issue by responding to the

defendants’ motion to dismiss.

Bank of Carmel, 20 F. Supp. 2d 630 (barring complaint that

alleged state foreclosure judgment-was-procured-by- and

conspiracy in violation of the Racketeering Influenced and

Corrupt Organizations Act, 18 U.S.C. See. 1961 et

seq.)(S.D.N.Y. 1998).

Finally, to the extent Lipko’s 0 enero

liberally be construed as stating some viable federal cause of

action other than a Section 1983 claim, his-clai also

likely be barred by the Anti-Injunction Act, 28 U.S.C. Sec.

2283, since he essentially seeks a “stay fef- ings in []

State cour). ...” See Jos. L. Mu lle, Inc. v. Central Iron

Mfg. Co., 328 F. 2d 791, 793 (3™ Cir. 1964)(“To come

within the prohibition of [the Anti-Injunetion-Act} an—

injunction need not be addressed to or directed against a state

court or state officers. Injunctions are han Sey

restrain litigants from prosecuting or going forward with State

proceedings. Moreover, an injunction pee Mey

any other proceeding to enforce a state judgment is forbidden

as well as one against the prosecution eee * to

obtain a judgment.”)(citations omitted).

Accordingly, Lipko’s motion ipo deine, and

accompanying proposed order [docs # 3 & 9] are denied.

Lipko shall, on or before thirty days from the-date i

order, file an opposition to the defendant’s motion to dismiss.

In his opposition, Lipko should specifically won a

of whether his claims are barred by the Rooker-Feldm

doctrine. Lipko should note that, if the Court his

claims are barred by the Rooker-Feldman doctrine, Lipko’s

Complaint will be dismissed and the sacle ooee

It is so ordered.

Dated at Bridgeport this 9" day of May 2002.

s: Stefan R. Underhill United States District Judge

D. Conn.

02-cv-479

Underhill, J.

United States Court of Appeals

For the

SECOND CIRCUIT

At a stated Term of the United States Court of

Appeals for the Second Circuit, held at the United States

Courthouse, Foley Square, in the City of New York, on the

13" day of June, two thousand and two,

Present:

Hon. Roger J. Miner,

Hon. Jose A. Cabranes,

Hon. Rosemary S. Pooler,

Circuit Judges.

—— A. Lipko, SJr.,

Plaintiff-Appellant,

v. 02-7641

Margaret Christie,

Defendant-Appel

Appellant has filed, pro se, a motion for a temporary

restraining order in his appeal from the district court’s

refusal to issue a temporary restraining order enjoining the

sale of real property pursuant to a state court judgment.

Upon due consideration, it is ORDERED that the motion is

denied, and the appeal is dismissed, because the appeal lacks

an arguable basis in fact or law. See Neitzke v. Williams,

490 U7S-319, 325 (1989); Pillay v. LN.S., 45 F.3d 14 (2d

Cir. 1995).

FOR THE COURT;

Roseann B. MacKechnie, Clerk

By: s: Arthur Heller

35

APPENDIX

P.O. BOX 210

14 WEST RIVER STREET

MILFORD, CONNECTICUT 06460

DOC NO CV-906-0053297-S

NOTICE {SSUED 08/08/96

PLTF CHRISTIE MARGARET ETAL VS.

DFDT LIPKO, ANDREW JR.

PLEASE BE ADVISED THAT THE FOLLOWING

ORDER HAS BEEN ENTERED ON THE ABOVE CASE:

116-00 MOTION TO DISMISS FILE DT 06/26/96

DEND - DATE 08/00/96 JUDGE SKOLNICK, J.

ANDREW LIPKO JR.

PO BOX $36

NEW HAVEN, CT

06503

DIRECT ([NQUIRLES TO: CLERKS OFFICE,

JUD. DIST. SUPERIOR COURT

P.O. BOX 210

14 WEST RIVER STREET

MILFORD, CONNECTICUT 06460

36

APPENDIX

Re: Docket No. 98GP16(RNC): Complaint of A.LipRo Jr.

RESPONSE TO GRIEVANCE COMPLAINT FILED BY

ANDREW LIPKO, JR. '

Andrew Lipko, Jr. is a pro se party in several probate related

matters brought since his father passed away in May of 1993.

I have represented Margaret Christie, Executrix of the Estate

of Andrew Lipko, Sr. in much of this litigation. Mr. Lipko

and Mrs. Christie are siblings. Andrew Lipke, Sr. was-+their

father. Mrs. Christie originally hired my former firm, |

Hurwitz & Sagarin, P.C.(which, for a time, became Harris

Beach & Wilcox, LLP but then reverted back to its former

status) for the probate estate work. We also-defended the

various probate motions and appeals Mr. Lipko had filed

when he attempted to remove Ms. Christie as the Executrix.

He criticized practically every official action she took as the

Executrix. For several years, Mr. Lipko filed prebate

motions, followed by probate appeals to the Superior Court,

followed by appeals to the State Appellate Court

certification petitions to the Supreme Court. His motions

included a request for exhumation of his-father’s-bedy for an

autopsy and a request for Ms. Christie to post a $200,000.00

probate bond. He also filed an application for ary

injunction in Superior Court to prevent Ms. Christie from

removing documents from the decedent’s-home. Ad his

litigation was unsuccessful, and it became progressively

repetitive as the years have gone by.

Finally, Ms. Christie authorized the firm to file an

application for temporary and permanent injunction and

complaint for vexatious litigation against Mr. Lipko. A two

day trial of that matter occurred in May of 1997. In August

of that year, Judge Curran issued a Memorandum of

Decision granting a permanent injunctiotr ig Mr.

Lipko from filing any further motions and/or appeals to

further delay the closing of the Estate of Andrew Lipke, Sr.

eee

Judge Curran also found that Ms. Christie had established a ~

claim for vexatious litigation. A copy of Judge Curran’s

Memorandum of Decision is included in Mr. Lipko’s

materials. | attach another copy to this response.

I took the file with me when I left Hurwitz & Sagarin in May

of this year. One of the reasons I agreed to take the case was

that the matter had become so convoluted and complex that

it would be difficult and costly for a new attorney to handle

the matter expeditiously. At that time Mr. Lipko’s appeal of

Judge Curran’s judgment was making its way through the

Appellate Court. By August of this year, the Appellate

Court dismissed that appeal because Mr. Lipko failed to file

an appropriate record. Apparently Mr. Lipko abandoned his

State Appeal when he decided to file a complaint in the

United States District Court. He filed his federal complaint

in the same month the State Appeal was dismissed. The

complaint is another rehashing of all the litigation he has

brought over the last five years. It is, in essence, an appeal

to the District Court of Judge Curran’s State Court decision.

It is a violation of Judge Curran’s injunction. The complaint

bears docket no. 3:98 CV 01730 (AHN). I have filed a

motion to dismiss the federal complaint. That motion is

currently pending. The District Court has denied Mr.

Lipko’s motion for default against me for failure to file an

answer. Mr. Lipko has also filed a motion for summary

judgment.

oo

io)

APPENDIX

APPELLATE COURT

STATE OF CONNECTICUT

AC 22365

MARGARET CHRISTIE ET AL.

V.

ANDREW LIPKO, JR.

February 20, 2002

ORDER

THE MOTION OF THE PLAINTIFF-APPELLEE,

FILED JANUARY 7, 2002, TO DISMISS APPEAE AND

FOR MONETARY SANCTIONS, HAVING BEING

PRESENTED TO THE COURT, IT IS HEREBY

ORDERED GRANTED AS TO THE PORTION OF THE

MOTION THAT RELATES TO DISMISSAL OF-THE

APPEAL. THE PORTION OF THE MOTION THAT

RELATES TO MONETARY SANCTIONS-WILE BE SET

DOWN FOR HEARING DURING THE SIXTH TERM OF

THE APPELLATE COURT.

BY FHE-COURT,

S: Alan M Gannuscio

ASSISTANT CLERK-APPELLATE

NOTICE SENT: FEBRUARY 21, 2002

CHRISTINE M. GONILLO

ANDREW LIPKO, JR., PRO SE

HON. KAREN NASH SEQUINO

CLERK, SUPERIOR COURT, ANSONIA/MILFORD,

~ CV96 53297

PAC "

er 628/012707

APPENDIX

A.C. 22365 > APPELLATE COURT

MARGARET CHRISTIE ET AL.: STATE OF CONN.

VS.

ANDREW LIPKO, JR. : January 4, 2002

MOTION FOR PERMISSION TO FILE LATE BRIEF

AND FOR AN EXTENSION OF TIME WITHIN WHICH

TO FILE BRIEF

The brief of the plaintiff-appellee (“plaintiff”) was

due on January 2, 2002 due to defendant’s-appellant’s

(“defendant’s’”) early filing of his brief. Plaintiff hereby

moves for permission to file her brief late and for an

extension of time within which to do so. Plaintiff seeks an

extension of time within which to file her brief up through

and including forty-five days from the issuance of notice of

the court’s decision on her motion to dismiss appeal and for

monetary sanctions, which 1s also dated January 4, 2002.

F. BRIEF HISTORY OF CASE;

Defendant’s appeal is from the denial of defendant’s

August 20,2001 motion to open or vacate the court’s May

26, 2000 damages judgment in the Estate’s favor against

defendant for vexatious litigation in the sum of $78,556.56

plus costs. Plaintiff as Executrix of the Estate obtained the

damages judgment in the underlying action bearing docket

number CV 96 0053297 S.

Defendant filed its motion to open or vacate (“motion

to open”) one year and three months after the damages

judgment. This is well past the four month period in which

to request that a judgment be opened pursuant to C.G:S. Sec.

52-212a and P.B. Sec. 17-43. The trial court denied the

motion to open on the papers. ...

THE PLAINTIFF-APPELLEE

BY s: Christine M. Gonillo

Christine M. Gonillo

Cody & Gonillo, LLP #416476

185 N. Broad Street

Milford, CT 06460

203-878-749]

CERTIFICATION

This is to certify that pursuant to Sec 62-7 the

foregoing has been mailed, postage prepaid this 4" day of

January 2002 to:

Andrew Lipko, Jr.

P.O. Box 536

New Haven, Connecticut 06503

Telephone Number unknown

s: Christine M. Gonillo

Christine M. Gonillo

APPENDIX

A.C. 22365 : APPELLATE COURT

MARGARET CHRISTIE ET AL. : STATE OF CONN.

VS.

ANDREW LIPKO, JR. : January 4, 2002

MOTION TO DISMISS APPEAL AND FOR MONETARY

SANCTIONS

This is the latest in an eight-year saga of litigation

that a brother has instituted pro se involving his sister who

was the Executrix of probate estate of their father, Andrew

Lipko, Sr. (“Estate”).

Pursuant to P.B. Sec. 85-2 and 85-3, plaintiff

Margaret Christie (“Plaintiff”) hereby moves to dismiss her

brother Andrew Lipko Jr.’s (“Defendant”)’s latest appeal and

for a reasonable attorney’s fee for the filings necessary to

defend this appeal.

Defendant’s appeal is from the trial court’s denial of

Defendant’s August 20, 2001 motion (“Motion”) to open or

vacate the trial court’s May 26, 2000 damages judgment in

the Estate’s favor against Defendant for vexatious litigation

in the sum of $78,556.56 plus costs (“Damages Judgment”)’.

Plaintiff as Executrix of the Estate obtained the Damages

Judgment in the underlying action bearing docket number

CV 96 0053297 S (“Action”).

I

Since Plaintiff received the Damages Judgment as

Executrix of the Estate and Defendant is a one-third

beneficiary of the residual Estate, the Estate had to distribute

a portion of the Damages Judgment to Defendant in his

capacity as a beneficiary, thereby effectively reducing the

Damages Judgment by one-third.

Defendant never appealed the Damages Judgment.

Defendant filed its Motion one year and three months after

the Damages Judgment. Thijs is well past the four ...

Defendant’s Motion is extraordinarily untimely as it

is well past the four month period in which to request that a

judgment be opened pursuant to C.G.S. Sec. 52-212a and

P.B. Sec. 17-43.

C.G.S. Sec 52-212a states in pertinent part as

follows: Sec. 52-212a. Ciyil judgment or decree reopened

or set aside within four months only. ... a civil judgment or

decree rendered in the Superior Court may not be opened or

set aside unless a motion to open or set aside is filed within

four months following the date on which it was rendered or

passed. ...

Practice Book Sec. 17-43 states in pertinent part as

follows: Sec. 17-43. Opening Judgment upon Default or

Nonsuit (a) Any judgment rendered or decree passed upon a

default or nonsuit may be set aside within four months

succeeding the date on which notice was sent ...

Defendant fully participated in the trial that occurred

in May of 1997. It was at that time that the court found that

both an injunction and damages for vexatious litigation were

in order. The Damages Judgment was entered in May of

2000. In the intervening period Defendant had brought

further litigation in state and federal court.

At the hearing in damages en May 26, 2000, Plaintiff

appeared and presented evidence. Defendant failed to appear

although his pro se appearance has been in the file at all

times. The Court sent Notice of the Damages Judgment to

Defendant as an appearing party per Notice datae! May 26,

2000 (SCDE 190.00). Defendant never appealed the

Damages Judgment.

There is no legitimate legal basis to Defendant’s assertion

that the trial court in the underlying Action had no

jurisdiction over him at the time the Damages Judgment was

entered.

Defendant’s assertion that he was immune from

proceedings in the Action is without any legal merit

whatsoever. ...

_.. circumstances here. This Court has dismissed appeals as

frivolous where no good faith argument could be raised on

appeal. See e.g., Glenfeld Mortgage Corp. V. Crowley, 61

Conn. App. 84 2000).

P.B. Sec. 85-2 permits the assessment of attorney’s fees

against pro se parties such as Defendant here, for the filing

of this frivolous appeal.

Defendant’s appeal is pure and simple abuse of the

court system that neither an Injunction Judgment or

Damages Judgment has managed to deter. Defendant’s

assertion that the trial court in the underlying Action had no

jurisdiction over him when the Damages Judgment entered is

pure fantasy lacking any legal foundation whatsoever.

Further, Defendant’s chronic abuse of the legal

process is egregious. He has been unfettered in his constant

barrage of litigation that continues to cost Plaintiff time and

money. Plaintiff has not pursued the foreclosures of the

judgment liens obtained in the underlying Action due to this

appeal of the Damages Judgment obtained in the underlying

Action. Instead Plaintiff is forced to continue to pay counsel

to defend against this baseless appeal.

CONCLUSION:

For the reasons stated above Plaintiff's motion to

dismiss and for monetary sanctions should be granted

THE PLAINTIFF

BY s: Christine M. Gonillo

Christine M. Gonillo

Cody & Gonillo, LLP #416476

185 N. Broad Street

Milford, CT 06460

203-878-7491

CERTIFICATION

This is to certify that pursuant to P_B. Sec. 62-7, the

foregoing has been mailed, postage prepaid this 4" day of

January 2002 to:

Andrew Lipko, Jr

P.O. Box 536

New Haven, CT 06503

Telephone Number unknown

s: Christine M. Gonillo

Christine M. Gonillo

45

APPENDIX

State of Connecticut

DIVISION OF CRIMINAL JUSTICE

OFFICE OF

THE CHIEF STATE’S ATTORNEY

JOHN M. BAILEY 300 CORPORATE PLACE

CHIEF STATE’S ATTORNEY ROCKY HILL, CT. 06067

PHONE (860) 258-5800

April 8, 1997

Mr. A. Lipko

P.O. Box 536

New Haven, CT. 06503

Re: Your letter Concerning Attorney C_Gonillo

Dear Mr. Lipko

I have reviewed your letter to Chief State’s Attorney

John M. Bailey. I note in your recitation of relevant facts

that you have filed a parallel complaint with the Statewide

Grievance Committee

The Statewide Grievance Committee has historically

investigated all complaints concerning attorney misconduct

That staff routinely forwards all evidence of criminal

conduct to this Office for action. I will, therefore, wait for

the decision by that agency before deciding any course of

action

If you have any questions, please feel free to contact me

Sincerely,

s: Julia D. Dewey

Supv. Assistant State’s Attorney

Statewide Prosecution Bureau

c: John M. Bailey

Chief State’s Attorney

JDD:ad

46

APPENDIX

CONNECTICUT STATE STATUTES

Section 52-517. Replevin for property attached. When any

property is held by an officer by virtue of a writ of

attachment, any person other than the defendant having a

general or special property interest therein with a nght to the

immediate possession thereof, and, when the property so

held is claimed by the defendant to be exempt from

execution, the defendant may bring an action of replevin

against the officer alone, or against the plaintiff in the writ of

attachment, or_against both, to recover the property

Section 52-518. Replevin writ, affidavit as to value of goods

and recognizance required. A writ of replevin shall not be

issued: (1) Until the plaintiff, or some other credible person,

subscribes an affidavit annexed to the writ stating the true

and just value of the goods which it is desired to replevy, and

that the affiant believes that the plaintiff is entitled to the

immediate possession of the goods, and (2) until some

person, known to the authority signing the writ to be of

sufficient responsibility, has entered into a recognizance

before him, with at least one sufficient surety, in a sum at

least double the sworn value of the property, conditioned (A)

that the plaintiff shall prosecute his action to effect, (B) for

the payment of any judgment that may be recovered by the

defendant in the action, and (C) for the return of the property

to the defendant and payment to the defendant of damages

sustained by the replevy of the property if the plaintiff fails to

establish his right to its possession. The recognizance shall

be signed by the obligors in the presence of at least one

witness other than the authonty taking the recognizance. A

record of the recognizance shall be entered at the foot of the

writ before the writ is issued, and copies of the process left in

service shall contain the affidavit and the recognizance

|

Im

Section 52-521. Replevin: service, new bond; voiding of

process. (a) The officer who replevies property shall leave a

true and attested copy of the process with the defendant, or at

his usual place of abode, within three days after the replevy,

and shall retain the property replevied in his custody for

twenty-four hours after leaving the copy, unless the

defendant endorses on the writ that he is satisfied with the

amount and sufficiency of the recognizance taken on issuing

the wnit

(b) If the defendant is not satisfied with the

recognizance, he may, at any time before the return day of

the writ, cite the plaintiff or his attorney, or the officer

serving the writ, if the property still remains in his custody,

to appear at once before a judge of the superior court where

the replevin was effected, to respond to a motion for a new

bond. The judge may hear the motion and, at his discretion,

order a new or further bond, conditioned like the

recognizance taken on issuing the writ, signed by the

obligors, and delivered to the defendant, by whom it shall be

transmitted to the court to which the writ was made

returnable. If the order is made while the property replevied

remains in the custody of the officer, he shall not deliver the

property to the plaintiff until the bond is given

(c) If an order for a new bond is not complied with, or if

the officer fails to leave with, or at the usual place of abode

of, the defendant a true and attested copy of the writ, or to

retain the property in his custody, as hereinbefore provided,

the wnt of replevin shall be null and void

(d) If it appears to the court before which an action of

replevin is pending that the replevin bond attached to the writ

is insufficient, the court may, at its discretion, order a new or

further replevin bond to be given to the plaintiff, conditioned

like the recognizance taken on issuing the writ. If the

plaintiff fails to comply with the order, he shall be nonsuited

Section 52-525. Statement of title. (a) An allegation by

either party that the party pleading or a third person was, at

the time when the action of replevin was commenced, or at

the time the goods were replevied, the owner of the goods, or

that they were then his property, is a sufficient statement of

title unless the right of action or defense rests upon a nght of

possession by virtue of a special property interest

(b) If the nght of action or defense rests upon a nght of

possession by virtue of a special interest, the pleading shall

set forth the facts upon which the special property interest

depends so as to show that, at the time when the action was

commenced or the goods were replevied, as the case may be.

the party pleading or the third person was entitled to the

possession of the goods

(c) The defendant may, by answer, defend on the ground

that a third person was entitled to the possession of the goods

without connecting himself with the latter’s title

APPENDIX

STATE OF CONNECTICUT

SUPERIOR COURT

JUDICIAL DISTRICT OF

ANSONIA/MILFORD

CV96 00532978 SUPERIOR COURT

MARGARET CHRISTIE, ET AL

JUDICIAL DISTRICT OF

VS ANSONIA/MILFORD AT

MILFORD

ANDREW LIPKO, JR AUGUST 15, 1997

MEMORANDUM OF DECISION

The plaintiff, Margaret Christie, individually and as

executrix of the Estate of Andrew Lipko, Sr., brought this

two-count action against the defendant, Andrew Lipko, Jr

who is her brother. The first count seeks to enjoin

permanently the defendant from filling any further motions

and/or appeals to further delay the closing of the Estate of

Andrew Lipko, Sr. The second count sets forth a claim for

vexatious litigation and seeks $43,648.55 in damages. After

full consideration of the evidence presented to the court, the

court finds that the plaintiff, as executrix of the estate, has

suffered irreparable harm and been left with no adequate

remedy at law and furthermore finds that the plaintiff has

established a claim for vexatious litigation. The court

therefor permanently enjoins the defendant from filing any

further motions and/or appeals to further delay the closing of

the Estate of Andrew Lipko, Sr. Accordingly, the court

enters judgment for the plaintiff, but reserves decision of the

matter of damages until a hearing in damages is held

In conclusion, the court enters judgment for the

plaintiff on both counts and permanently enjoins the

defendant from filing any further motions and/or appeals to

further delay the closing of the Estate of Andrew Lipko, Sr.

Although, the plaintiff claims fees and expenses of

$43,648.55 and seeks double or treble damages pursuant to

General Statutes Section 52-568, the court will reserve

decision on this matter until a Hearing in Damages is held.

Judgment may enter in accordance with the above.

The Court

s: Curran. J

Curran, J.

]

Connecticut Statutes Section 52-568 provides that

“Damages for groundless or vexatious suit or defense. Any

person who commences and prosecutes any civil action or

complaint against another, in his own name or the name of

others, or asserts a defense to any civil action or complaint

commenced and prosecuted by another (1) without probable

cause, shall pay such other person double damages, or (2)

without probable cause, and with a malicious intent unjustly

to vex and trouble such other person, shall pay him treble

damages.”

APPENDIX

RETURN DATE: MARCH 5, 1996 : SUPERIOR COURT

MARGARET CHRISTIE, : J.D. OF ANSONIA/

INDIVIDUALLY AND AS : MILFORD

EXECUTRIX OF THE ESTATE all

ANDREW LIPKO, SR.

VS. : AT MILFORD

ANDREW LIPKO, JR. : FEBRUARY 8, 1996

APPLICATION FOR TEMPORARY INJUNCTION

The plaintiff in the above entitled action hereby

makes application for a temporary injunction in accordance

with her prayer for relief, and respectfully requests that the

temporary injunction be issued without bond as plaintiff has

sufficient funds with which to prosecute this matter to its

conclusion, and that the defendant be ordered to appear at an

early date to show ... cause why the prayer for an injunction

should not be granted.

PLAINTIFF

MARGARET CHRISTIE, EXECUTRIX

BY: s: Christine M. Gonillo

Christine M. Gonillo

Hurwitz & Sagarin, P.C.

147 North Broad Street

Milford, CT 06460

(203) 877-8000

Juris #26616

APPENDIX

RETURN DATE: MARCH 5, 1996 : SUPERIOR COURT

MARGARET CHRISTIE, : J.D. OF ANSONIA/

INDIVIDUALLY AND AS : MILFORD

EXECUTRIX OF THE ESTATE -

ANDREW LIPKO, SR. ,

VS. : AT MILFORD

ANDREW LIPKO, JR. : FEBRUARY 8, 1996

SUMMONS

To any Proper Officer:

By authority of the state of Connecticut you are

hereby commanded to summon the defendant in the

foregoing action, ANDREW LIPKO, JR., 31 Page Street,

Milford, Connecticut 06460, to appear before the superior

court at the place and time specified in the foregoing order,

then and there to show cause why a temporary injunction

should not be issued against him as prayed for in the

foregoing complaint and application, by serving in the

manner provided by statute for the service of process a true

and attested copy of the foregoing writ and verified

complaint, application, order and of this summons on the

defendant on or before March 5, 1996

Thereof and fail not, but due service and return make.

Dated at Milford, Connecticut this 4" day of February.

S: Christine M. Gonillo

Christine M. Gonillo

Commissioner of the Superior Court

APPENDIX

RETURN DATE: MARCH 5, 1996 : SUPERIOR COURT

MARGARET CHRISTIE, ; : J.D. OF ANSONIA/

INDIVIDUALLY AND AS : MILFORD

EXECUTRIX OF THE ESTATE OF

ANDREW LIPKO, SR. : AT MILFORD

VS.

ANDREW LIPKO, JR. : FEBRUARY 8, 1996

COMPLAINT

INTRODUCTION:

This is a complaint brought in two counts against

defendant Andrew Lipko, Jr. The first count seeks

permanent and temporary relief enjoining the defendant

Andrew Lipko, Jr. from continuing this abusive pro se

dalliances in the probate court, superior court and appellate

courts which have effectively prevented plaintiff from

closing the Estate of Andrew Lipko, Sr. The second count is

for vexatious litigation. Defendant’s frivolous, vexatious

and dilatory motions and appeals against plaintiff over the

past two and a half years has delayed the closing of the

Estate of Andrew Lipko, Sr. and has served to harass and

abuse the Executrix....

... any and all appeals from probate of the estate of

Andrew Lipko, Sr.

2. Damages, including double and treble damages.

PLAINTIFF

MARGARET CHRISTIE, EXECUTRIX

BY: s: Christine M. Gonillo

Christine M. Gonillo

Hurwitz & Sagarin, P.C.

147 North Broad Street

Milford, CT 06460

(203) 877-8000

APPENDIX

SUPREME COURT

STATE OF CONNECTICUT

NO. PSC-96-0229

Andrew Lipko

y

Estate of Andrew Lipko, Sr. et al.

ORDER ON PETITION FOR CERTIFICATION TO

APPEAL

On consideration of the petition by the plaintiff for

certification to appeal from the Appellate Court [AC 15898],

it is hereby ordered that said petition be, and the same is

hereby denied.

BY THE COURT,

s Alan M. Gannuscio

ASSISTANT CLERK-APPELLATE

Dated: December 18, 1996

Notice sent: 12/18/96

Clerk, Appellate Clerk

Reporter of Judicial Decisions

SAO

Andrew Lipko, pro se

Hurwitz & Sagarin, P.C.

Andrew Lipko, pro se, in support of petition; Christine M.

Gonillo in opposition.

APPENDIX

CV 01-0075535 § : SUPERIOR COURT

ELEANOR LIPKO : J.D. OF ANSONIA/MILFORD

VS. : AT MILFORD

ANDREW LIPKO, JR.: April 23, 2002

NOTICE OF ENTRY OF JUDGMENT

Pursuant to P.B. Sec. 17-22, notice is given that on

April 15, 2002, the Court (Moran, J.) entered a Judgment of

Foreclosure by Sale with respect to the above entitled matter

as to the property located at 31 Page Street, Milford,

Connecticut. The Judgment is more particularly set forth as

follows:

JUDGMENT DEBT: = $26,031.24

COUNSEL FEES: $2,795.50

APPRAISAL FEE: $ 225.00

VALUE OF THE TITLE SEARCH FEE: $ 75.00

SUBJECT PROPERTY:$164.000.00

DATE & TIME OF SALE: June 15, 2002 at 12:00 NOON

on the premises

SIGN TO BE POSTED NOT LATER THAN: One month

prior to sale date

APPRAISER: Robert Ranaudo

RETURN OF APPRAISER TO BE MADE: Two weeks

prior to sale date i

PUBLICATION: The New Haven Register two Sundays

before sale date

INSURANCE TO BE ORDERED FOR SALE DATE: YES

DEPOSIT: $17,000.00

DEPOSIT WAIVED FOR PLAINTIFF: YES

, THE PLAINTIFF

BY s: Christine M. Gonillo

CHRISTINE M. GONILLO

CODY & GONILLO, LLP #41676

185 North Broad Street

Milford, CT 06460

Telephone 203-878-7491

CERTIFICATION

This is to certify that a copy of the foregoing was

mailed, first class mail postage prepaid on the date above

written to the following non appearing party:

Andrew Lipko, Jr.

P.O. Box 536

New Haven, Connecticut 06503

s: Christine M. Gonillo

Christine M. Gonillo

Clerk, Superior Court

14 West River Street

Milford, CT 06460

APPENDIX

CV 01-0075536 S$ : SUPERIOR COURT

MARGARET CHRISTIE : J.D. OF ANSONIA/MILFORD

VS. : AT MILFORD

ANDREW LIPKO, JR. _: April 23, 2002

NOTICE OF ENTRY OF JUDGMENT

Pursuant to P.B. Sec. 17-22, notice is given that on

April 15, 2002, the Court (Moran, J.) entered a Judgment of

Foreclosure by Sale with respect to the above entitled matter

as to the property located at 31 Page Street, Milford,

Connecticut. The Judgment is more particularly set forth as

follows:

JUDGMENT DEBT: = $ 26,031.24

COUNSEL FEES: $2,795.50

APPRAISAL FEE: $ 225.00

VALUE OF THE TITLE SEARCH FEE:$ 75.00

SUBJECT PROPERTY: $164,000.00

DATE & TIME OF SALE: June 15, 2002 at 12:00 NOON

on the premises

SIGN TO BE POSTED NOT LATER THAN: One month

prior to sale date

APPRAISER: Robert Ranaudo

RETURN OF APPRAISER TO BE MADE: Two weeks

prior to sale date

PUBLICATION: The New Haven Register two Sundays

before sale date

INSURANCE TO BE ORDERED FOR SALE DATE: YES

DEPOSIT: $17,000.00

DEPOSIT WAIVED FOR PLAINTIFF: YES

$8

I a Sa :

THE PLAINTIFF

BY s: Christine M. Gonillo

CHRISTINE M. GONILLO

CODY & GONILLO, LLP #41676

185 North Broad Street

Milford, CT 06460

Telephone 203-878-7491

CERTIFICATION

This is to certify that a copy of the foregoing was

mailed, first class mail postage prepaid on the date above

written to the following non appearing party:

Andrew Lipko, Jr.

P.O. box 536

New Haven, Connecticut 06503

Ss: Christine M. Gonillo

Christine M. Gonillo

Clerk, Superior Court

14 West River Street

Milford, CT 08460

CONSTITUTIONAL PROVISIONS INVOLVED

1. Amendment |: Congress shall make no law

respecting an establishment of religion, or prohibiting the

free exercise thereof, or abridging the freedom of speech, or

of the press; or the nght of the people peaceably to assemble,

and to petition the government for a redress of grievances.

2. Amendment 4: The nght of the people to be secure in

their persons, houses, papers, and effects, against unreason-

able searches and seizures, shall not be violated, and no

Warrants shall issue, but upon probable cause, supported by

Oath, or affirmation, and particularly describing the place to

be searched, and the persons or things to be seized.

3. Amendment 5S: “No person shall be held to answer

for a capital, or otherwise infamous crime, unless on a

presentment or indictment of a Grand Jury, except in cases

arising in the land or naval forces, or in the Militia, when an

actual service in time of War or public danger; nor shall any

person be subject for the same offence to be twice put in

jeopardy of life or limb; nor shall be compelled in any

criminal case to be a witness against himself, nor be deprived

of life, liberty, or property, without due process of law, nor

shall private property be taken for public use, without just

compensation’.

4. Amendment 8: Excessive bail shall not be required,

no excessive fines imposed, nor cruel and unusual

punishments inflicted.

5. Amendment 14: All persons born or naturalized in

the U.S., and subject to the jurisdiction thereof, are citizens

of the U.S. and of the State wherein they reside. No state

shall make or enforce any law which shall abridge the

privileges or immunities of citizens of the U.S.; nor shall any

State deprive any person of life, liberty, or property, without

due process of law; nor deny to any person within its

jurisdiction the equal protection of the laws.

6 United States Code, Title 28, Section 1343. The

district Courts shall have onginal jurisdiction +1) to recover

damages for injury to his person or property, or because of

the deprivation of any right or privilege of a citizen of the

United States, by any act done in furtherance of any

conspiracy mentioned in Section 1985 of Title 42: (2) To

recover damages from any person who fails to prevent or to

aid in preventing any wrongs mentioned in Section 1985 of

Title 42 which he had knowledge were about to occur and

power to prevent, (3) To redress the deprivation under color

of any state law, statute, ordinances, regulation, custom or

usage, of anv right, privilege or immunity secured by the

Constitution of the United States or by any Act of Congress

providing for equal rights of citizens or of all persons within

the jurisdiction of the United States; (4) To recover damages

or to secure equitable or other relief under any Act of

Congress providing for the protection of Civil Rights,

including the right to vote.

z. United States Code, Title 42, Section 1983: “Every

person who,under color of any statute, ordinance, regulation,

custom, or usage, of any State or Terntory or the District of

Columbia, subjects, or causes to be subjected, any citizen of

the United States or other person within the jurisdiction there

of to the deprivation of any rights, privilege, or immunities

secured by the Constitution and laws, shall be liable to the

party injured in an action at law, suit in equity, or other

proper proceeding for redress. For the purpose of this

section, any Act of Congress applicable exclusively to the

District of Columbia.

PEE SLOT SECT TOT Poot one am,

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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