Monday, February 9, 2015

November 4, 2008 - Exhibit 37 - f - Letter to Buynak

Melinda Pillsbury-Foster


Timothy Buynak
Buynak Law Firm
820 State Street, 4th Floor
Santa Barbara, CA 93101

11/4/2008

Re: Settlement Agreement, March 30, 2001, Pillsbury-Foster vs. Franklin, et al

Dear Attorney Buynak,
As you know all the documents, powers of attorney, legal and tax recitations described in the
Settlement Agreement” (SA) have no legitimate legal standing over me. Despite that fact you
seem to believe that the SA creates new law. You created and are responsible for all of the
fictitious documents in the SA. It is worded to assure that every other attorney who signed any of
the documents is responsible to the same degree as you are. I suspect that the way the SA is
worded that you intended that if you were found liable for your legal work that the liability would
also adhere to all the attorneys who signed the agreement. So if you went down, all the signing
lawyers would go down with you. Perhaps you envisioned a mutual protection pact. I intend to
test your strategy.

Until most recently I was never provided with the complete SA. You can imagine my surprise
when I discovered that you had incorporated a dismissal of my marital claims against Franklin
and a “Powers of Attorney” that I could not ever cancel. The SA as you constructed incorporates
all the agreements, dismissal notices, financial note agreements and powers of attorney as a single
agreement. You assert in the SA that if any part of the entire agreement were to be found invalid
the balance of the agreement would survive intact. The wording of the SA intentionally ensnares
all of the attorneys who signed any part of it. The fact is that none of the attorneys who signed
any part of the SA can produce any documentation to support their legal standing to be part of the
settlement. They have gratuitously signed various parts of the SA making them as culpable as you
are. You assured that none of the many signatory attorneys will be able to pick and choose the
parts of the SA they are responsible for and those portions for which they are not responsible.
Obviously your clients’ sole intent was to deny the value of my options, dividends on converted
shares, and my legitimate ownership of all marital property that Franklin was concealing with the
cooperation of Green Hills Software Inc. You facilitated GHS becoming an accessory to illegal
activity. So apparently, you never considered that the SA would have significant potential for
adverse impact on all those who constructed and signed it many years after you believed the
matter resolved. You built a multi-edge sword that has gone out of your control.
After careful review of the GHS Settlement Agreement and our recent correspondence I have
concluded that the regulatory and criminal authorities are in the best position to help determine

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the outcome of my counts against you, your associates, and your client before I commence civil
litigation. It is my purpose to assure that all legal matters brought against you and your associates
are outside of your ability to influence them except through impartial legitimate means; allowing
me to level the playing field. I now realize that I never stood a chance against so many lawyers
over a simple property dispute.

I am preparing your paperwork for submission to the Attorney General of California, the IRS and
California Franchise Tax Board, the Prosecution Division of the U.S. Department of Justice who
investigate (mail, wire and racketeering) and the FBI. Notifications and complaints will also
include the California Bar Association for all attorneys who participated with the SA.
Your written reliance upon the SA is prima facie evidence of an ongoing attempt to subvert and
withhold the value of my GHS options. Additionally, while you were temporarily successful in
suppressing evidence of fraudulent intent for both Franklin and GHS, the authorities outside of
Santa Barbara will undoubtedly take a different view. A recent e-mail from you is another piece
of evidence in my possession that unequivocally demonstrates a long term pattern of fraudulent
behavior to deny my legitimate property rights. And the “Power of Attorney” is a perpetual
document that stands on its own as it is an attempt to violate my civil rights and defraud me for
the balance of my lifetime.

Previously you were provided with settlement claim arrangements which you have ignored. You
now face a choice; full restitution for the financial damages you have caused me, bringing about a
settlement that is completely satisfactory to me, or to face the authorities. Unfortunately I cannot
be repaid for the time and angst you have caused me.

My personal representative, Mr. Alfred Jordan from Transparency LLC will be in contact with
you so that you can arrange payment terms to me providing you with a final opportunity to
resolve this matter before I find it necessary to go to the authorities.

Sincerely,
Melinda Pillsbury-Foster





Melinda Pillsbury-Foster
c/o  Transparency LLC, 7731 Tuckerman Lane, #141
 Potomac, MD 20854



 
October 14, 2008

Dear Attorney Buynak,
I and my associates confess to being disappointed by your lack of response to my previous letters to resolve my claims against you. I offered you an opportunity to settle legitimate claims without having to resort to regulatory, legal and public disclosures about you. Instead, your most recent response is an attempt to shift your personal responsibility for the “Settlement Agreement” (SA) that you prepared for your client Green Hills Software Inc (GHS) to them.  I am sure they are beginning to realize that now.
You should understand even if you prepared the documents at your client’s insistence, the SA appears to jeopardize GHS’s standing in the courts. It may also impact your former employer “Hatch and Parent” and its merger partner, “Brownstein, Hyatt, Farber, Shreck.” Accordingly, claims against you are a separate matter than claims I am pursuing against GHS.
Complaints are being prepared for delivery to the Attorney General, State of California, that will include an original and annotated copy of the Pillsbury-Foster v. Green Hills Software et al. The SA is an enabling document that acted upon puts you and your client in serious legal jeopardy. It is surprising that you would jeopardize GHS for a legal fee.
I recognize that litigation and regulatory complaints require significant time and patience to perfect. However, my claims against you will not simply go away. Over the last year I have gained information and insights that casts an entirely different light on your involvement with GHS.  That being the case, I decided to use several other legitimate tools at my disposal to accelerate the process in addition to litigation to secure justice.
As you know an attorney’s reputation is his or her business currency. Without a stellar reputation, clients tend to seek out other lawyers who do not have questionable credentials and multiple complaints brought against them. Like others who have dealt with you I am filing complaints with local business credentialing organizations and state authorities.  I am seeking out individuals who have been victimized by your practices and whose civil rights have also been violated. I move towards justice for myself and work to  secure the same for those others who have been damaged by you and your associates. I and those associated with me, will assist those victims, empowering them to file complaints against you as well.
The community, armed with factual information about you, can then decide if your firm is one with whom it should do business. As you know, public toleration for suspect and highly questionable business practices is rapidly evolving to “zero tolerance.” Everyday nationwide news organizations report on disciplinary actions taken against attorneys by the bar associations and attorney generals.  I am sure you have seen for yourself the annual lists of disciplinary actions provided on line by the bar associations and attorney generals.
Your time to settle my claims against you is growing short.  However, if you prefer to take your chances with the authorities, the courts and the community you can certainly do so. Your reluctance to do the right thing would simply provide me more time to file complaints against you and find even more victimized people to do the same, 
It will make the process more expensive for you but it will not change the ultimate outcome for me. 
I have been patient but that is coming to an end.  I will exercise my Constitutional right to seek redress against you using all means lawfully and ethically available to me.

Sincerely, 


Melinda Pillsbury-Foster




Cc:  Al Jordan, R.Saperstein, J. Hazarian and others



The Corporate Comedy Store
c/o
Transparency LLC
7731 Tuckerman Lane, #141
Potomac, MD 20854

September 9, 2008




Jeffrey Hazarian, Chief Financial Officer
Green Hills Software, Inc.
30 West Sola Street
Santa Barbara, CA 93101




Dear Jeff,

Over the last months I have several times requested information from you as CFO for GHS; I am still waiting for those documents to arrive. Notice the address above and send them. Your suggestion I hire a tax attorney struck me as an unnecessary expense. I am perfectly capable of dealing with the IRS myself. Although many are perhaps nervous about doing so I will know exactly what to do. I did that in 1997, getting back nearly a quarter million from Craig's non-filing, which I understand continues to be a problem for you.

GHS, perhaps mostly because of Craig's inability to file his returns, has encountered many issues in this regard; I know from studying Craig's pay stubs after his 1997 tax crisis when I discovered he often had four levies in place simultaneously. .

Since I have not heard from you I have begun communications with the IRS directly and anticipate having those problems handled shortly. I have found them to be cordial, interested and cooperative. However, I still require those documents and a copy of the power of attorney signed in March of 2001, which I canceled some months ago. Dan will have that document, please check with him.

I also require all correspondence, instruments, agreements and other documents relating to the exercise of that power of attorney by anyone at GHS but in particular Dan O'Dowd and Craig Franklin.

Repeating my prior request, the issues on which i require answers are:

How could I exercise GHS options that were never issued to me?

Explain the basis of the market value for GHS convertible options in detail.

Explain how it is that GHS ignored my March 1, 2006 written notification to extend the notes considered in your letter.

Explain the reason (s) that GHS issued a 1099 to the Internal Revenue service designating me as an employee when I have never worked for GHS.


Thanks in advance for your prompt response in this matter.



Regards,




Melinda Pillsbury-Foster


Melinda Pillsbury-Foster


July 11, 2008


Dan O'Dowd, President
Jeffrey Hazarian, Chief Financial Officer
Green Hills Software, Inc.
30 West Sola Street
Santa Barbara, CA 93101

Dear Jeffrey,

I am now working with a potential buyer for the options I hold from Green Hills Software, as agreed. I need the documents below immediately to go forward with that process. Please send them to Mr. Alfred Jordon, at the addresses included at the bottom.

Shareholder's Agreement
Total number of shares outstanding
Options and warrants outstanding
The total number shareholders in Green Hills Software. (Include their names and their holdings (ordinary shares, options and stock warrants)
Shareholders in Green Hills Software Acquisition Corp. (Include names etc. as above.)
Other wholly owned subsidiaries.
Any holding company now or previously used by GHS or its subsidiaries. Company's name and incorporation information.
Earnings record for each entity wholly owned by GHS of its officers.
Rights to convert shares relating to GHS and subsidiaries.
All corporate financial records from the time Craig Franklin first became aware of GHS, recommending them to customers. Include all shareholder records.
Names and contact information for all CFOs serving GHS from the time above.
Thanks for your prompt attention in this matter.


Regards,








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