CATEGORIES
The Septic System
Plumber's name removed
by order of Judge Joseph Rathert.
The Septic System
In July, the second “General Contractor” Mr. Zysk, brought a plumber to give us a bid on doing the Septic System.
On Mr. Zysk’s recommendation, I signed with this plumber to install the Septic System.
When the Plumber, Mr. _______, and I walked over to the job site (Mr. Zysk had left, saying he needed to go do a bid on another job) Mr. _______ said: “I’m going to put it down there between those two trees.” …. I answered: “No, you don’t put that down there! You would kill those trees!” … He answered: “Nah, I won’t dig down far enough to disturb the roots.”
I said: “When they put the septic system in at my current house, they killed two trees back there, and the lines didn’t even run that close to the trees!”
I continued: “I have had to take down 25 trees from this property in the past year (they had been invaded by carpenter ants) and I don’t want to have to take down any more!” I continued: “Those two trees down there are over a hundred years old and they’re healthy! Put that (the septic system) up here!” And I pointed to where the plans showed them to be installed!
Then, Mr. _______ cheerfully said: “Well, we should be able to start by the middle of the week after next. I have a job I’ll be finishing up Monday and Tuesday so we should be able to start here Wednesday.” Believing I had made very clear what I wanted him to do, and believing that he was cheerfully agreeing to do it, I said: “OK.”
That was on Friday, July 14th. I didn’t think I would be seeing Mr. _______ or any of his crew, until the following Wednesday, July 26th. However, on Saturday morning, July 22nd I woke up to noise coming from over behind the new house. … I was perplexed, as there weren’t any contractors scheduled to work that day.
I walked over to see what was being done, and saw someone in an excavator, moving dirt and rock. I walked to where I thought the person could see me, but they never acknowledged my presence. I stood there for a few minutes and got the impression that they were leveling off the spot where I had told Mr. _______ to put the Septic Units.
Since they were raising up a huge amount of dust, and the “scritching” sound of the rock they were moving, was “like chalk on a blackboard” I just turned and went back to my house.
After they left, I walked over to the side of the house, and just saw what looked like a lot of rock and dirt pushed around. I did not see any holes dug. I didn’t “inspect” the site because number one, I had no reason to expect that anything different than what I had requested had been done, and two, because walking across all that loose rock would have been unsafe.
No one worked Sunday. … Monday and Tuesday I was gone most of both days, shopping for paint colors, etc.
Wednesday morning, I went over to the new house. When I looked out the window to see what they had worked on and saw what they had done, I was totally shocked. They had put the Septic System Treatment Units exactly where I had told them NOT TO PUT THEM! !
They had done the exact opposite of what I had told them I wanted done.
Later, when my Son looked at the installation closely, he saw that the “drip lines” (that carry liquid from the tanks to the surrounding ground) were just a few inches under the surface. … In looking online about this system previously, I had read that those lines were supposed to be 6-8″ below the surface.
My Son called the county inspector, who came out and looked at the lines, which we had measured at 3 and 4 inches. He saw that the lines were 3-4 inches and said to my Son “Oh, that is not good. Those are supposed to 6-8 inches down.” … He told my son: “I’ll talk to Mr. _______ about it. He’s a nice guy.”
What happened next? … When my Son called to check what the inspector had discussed with Mr. _______ the County Inspector informed US that WE were “in violation of county code for disturbing the drain field.” How did WE “disturb” the drain field? By moving a little dirt aside to take pictures of the 3-4 inch depth of the drip lines.
Photo 1. … Septic tanks exactly where I had told Mr. _______ NOT to put them!
Photo 2.. … 3″ drip line.
Photo 3. … 4″ drip line.
Photo 4. … Tree that has already died, due to Mr. _______ digging too close and injuring the roots.
1. This is a copy of the original contract I entered into with _______. I did so on the recommendation of Mr. Paul Zysk, who was acting as General contractor at that time.
Photo 2
This is a copy of the original deposit to Mr. _______.
Photo 3.
This an invoice for the remainder of the _______ contract. Because of Mr. _______ putting the System where I told him not to, I asked him to remove the system. He refused. I made him several offers, even offering to pay him the remainder of the contract if he would just take everything out. Again, he refused.
I decided to go ahead and write him a check for the remainder of the Contract, with a notation on it that I was paying under protest, due to him ignoring the County Approved plans, and putting the septic system where it was not designed to go, and where I had told him not to put it.
Photo 4.
Payment for the remainder of the _______ Contract.
Mr. _______ has not cashed this check.
Instead of cashing Check # 1093, written on 10-1-2017, which was payment in full for Mr. _______ invoice, Mr. _______ claims that he was not paid and filed a lien on my property.
He further filed suit against me for the $7,955.51 “plus interest” for a total amount of $10,444.24. Even though he had already been paid in full on 10-1-2017.
When I called Mr. Paul Zysk and talked to him about all the above, Mr Zysk said to me:
“Well, you know if you don’t want to deal with this lawsuit, you can just write _______ a check for that $10,000.”
Outrageous?
This Affidavit is in reference to a legal case filed by the Plumber who installed the disfunctional Septic System.
AFFIDAVIT
1. Shortly before Charlotte Hulett was to go into Court for the trial of ________ vs Hulett, on 10/13/2021, she was accosted by Timothy Phillip, Counsel for Plaintiff, who sat down next to her and told her she was required to give him a copy of all her evidence. … Never having heard of such a thing, Mrs. Hulett was not prepared to comply.
2. Hulett was concerned about Phillip’s presence so close to her, and it was disturbing to Hulett, as she was 82 years old and not vaccinated. Thus, the continued invasion of her personal space was worrisome to her.
3. Hulett proceeded to try to give Philipp the items he requested, but she was having trouble separating the copies. Phillip then proceeded to lick his fingers and start pulling copies out of Hulett’s folders. He did this repeatedly. This was upsetting to Mrs. Hulett as again, she is not vaccinated. (She was concerned that he was getting saliva on her folders and files and she worried: “What if he was carrying Covid?!”)
4. This tampering with Hulett’s files, was very upsetting to Hulett as she had meticulously organized the files in chronological order and did not know if Phililip’s pulling the items out of her folders had gotten all her files out of order.
5. This plundering of her files made her very anxious and she could tell her blood pressure was rising, as she developed a “top-of-the-head- headache” which for her, was always an indication of very high blood pressure. The severity of the headache made her fear that her blood pressure was in the area of 200/100.
6. This hypertension was caused by her worrying about her files being disturbed, after Phillip had unexpectedly accosted her about her files.
7. To go along with the headache, when she got into the Court room, it was very cold. Since Hulett is hypothyroid, cold is a stressor for her. The temperature in the Court Room seemed to Hulett to be about 60 degrees. This could be 20 degrees less than what she keeps the temperature in her own home.
8. She was worried about developing a form of hypothermia, which can progress if it is prolonged.
9. Hulett went before the judge in a state of hypertension and at least a mild case of hypothermia.
10. When she got before the Judge, Hulett requested that the Judge use his Microphone, as Hulett has a degree of hearing loss. (The Judge had actually been made aware of her hearing loss previously.) He stated: “I am loud Judge in general, but I will use my microphone”
11. Timothy Philipp had also been previously made aware of Hulett’s impaired hearing. Being reminded as recently as her Deposition, taken a few weeks previously.
12. The Judge did initially use his microphone and Hulett was able to follow the conversation.
13. He kept recommending settling the case. He talked about a large, important case he was going to be trying at 1:00 that afternoon. It seemed to Hulett that he was determined to get our case “out of the way” so he could move forward with trying that “important case.”
14. The Judge continued to talk about trying to achieve a settlement. Hulett suggested a “Walk away”, where each party dismisses their claims. There was no real discussion on her suggestion.
At that point, The Judge pushed his microphone to the side and started talking to, and facing, Phillip. At that point, Hulett lost track of what was being discussed. … Hulett “reads lips” to a degree, and could “Hear” a conversation much better if she could also “See it.” … At that point, she could no longer see, or hear, the conversation.
……………Once the Judge and Philipp cut Defendant Hulett out of the conversation, intentionally or not, they began to deny her due process. This denial of due process continued on into it becoming Deprivation Of Justice. (See exhibit 2. attached.) Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States…………. Hulett had a constitutional right to take equal part in the proceedings before the Court. This right was denied to her by Phillip and Rathert.
15. The next thing Hulett knew, the discussion had turned to Hulett paying _______ $7,500. (For him to dismiss the fraudulent lien on her property.)
16. Since Hulett had not ever owed _______ $7,500 (because he had never completed his contract with her) this line of discussion was very distressing to her. (See Exhibit 1 attached.)
17. Hulett was lost. She had not heard the discussion leading up to this point. It seemed to her that Judge Rathert and Timothy Phillip had intentionally ignored the fact that she could no longer hear their conversation.
18. Being ignored as to the subject under discussion, caused Hulett to feel like she was being treated as though “she was invisible”.
19. Judge Rathert and Timothy Phillip made a decision between the two of them, with no real input from Hulett.
20. At that point, Hulett was overcome by despair. She wanted to turn and walk out of the Courtroom, but knew she couldn’t. She was afraid if she objected to what they were doing, the Judge would pound his gavel and declare: “Verdict for the Plaintiff” and __________ lien would still be on her property!
21. Hulett’s despair at not being “seen and heard” seemed to just “take over” and Hulett gave in to the increased depression she was already suffering from. (She has had ongoing depression since the loss of her husband of 61 years in 2015.)
22. The combination of despair, depression and duress, overwhelmed her. At that point, she was no longer “herself” and she was not able to assess the situation as she normally would have been able to do.
23. In her distressed condition Judge Rathert and _________ then pushed upon her, their decision that they had made with no input from her. (She had actually refused that exact same offer made by Phillip out in the hallway a half hour earlier, telling him she didn’t want to give up her First Amendment rights!)
24. Mrs. Hulett was given no opportunity to present evidence in the case, and no opportunity to testify to the facts of the matter.
25. To go along with all the above, she was not even given time to finish reading the entire document they were telling her to sign. Because, before she was finished reading even half of it, the Judge shoved a copy in front of her and said: “Sign here!” She wanted to just say NO! But again, she was afraid the Judge would pound his gavel and say: “Verdict for the Plaintiff!” and __________ lien would still be on her property.
26. Mrs. Hulett’s distress and despair, caused by all the above, was likely very much exacerbated by the fact that Hulett had only had six hours sleep out of the previous 48 hours. Sleep deprived brains do not function well!
27. Since Mrs, Hulett was an 82 year old female, with known hearing loss, which opposing counsel, and the Court, had been advised of multiple times, The Court should have taken special care to protect the rights of someone of her age and vulnerability. … That did not happen. This failure by The Court was likely Elder Abuse.
28. It was very distressing to Hulett that the Judge did not allow any testimony to be given, nor any evidence to be presented, as Hulett was prepared to present evidence and give testimony to prove that she never owed _________ any additional monies, as he never completed the Septic System job he had started on her property!
29. ___________never completed his contract with Mrs. Hulett, in that he never corrected the 3-4” depth of the drip lines that were supposed to be 6-8” deep! He never did any finish grading, He never seeded and strawed the installation site. He ignored much that the Engineers sealed drawings called for him to do. and See Exhibit 1 attached.
30. How devastating it was to Mrs. Hulett, when she felt that The Judge seemed to be colluding with Plaintiff’s counsel, to deny her the right to present her evidence and try her case. The Court itself, contributed greatly to Mrs. Hulett’s despair and duress. If in fact there was collusion between Opposing Counsel and Judge Rathert, this would surely constitute Elder Abuse.
31. In Judge Rathert’s haste to “move on” and address other cases (he several times referred to a “Big Case” he had to start trial on at 1:00 PM ) the Court made a serious error in Judgment and ordered Hulett to pay a bill she never owed. The Court also took away Hulett’s first Amendment rights, to tell the truth on her web site, by ordering her to remove her account of the actions of __________Plumbing, and what he had done regarding her Septic System installation. See: www.oh-my.info
32. By going along with Plaintiff’s counsel, and arranging for Mrs. Hulett to pay a debt that she never owed, the Court itself actually aided and abetted ________ fraudulent filing of a lien on Hulett’s property.
33. In filing the fraudulent lien, _______ stated that Hulett had not paid him, even though Hulett had written _______ a fully negotiable check on See Exhibit 2. attached. … Because of her Son’s urging, Mrs. Hulett wrote that check even though she did not owe _______ any monies at that time.
34. Even if Hulett had ever owed __________$7,500, he had pled that action in Count 1 of his Original Petition and Count 1 had been dismissed by _______ on 2/26/2021. Therefore, Hulett believes that the Settlement Offer, as presented to Judge Rathert by __________ on 10/13/21 had no merit, and no foundation, and should not even have been heard by The Court on that date.
35. Mrs. Hulett was NOT represented by counsel on 10/13/2021, because the attorney she had originally hired to represent her in the matter, Michael Herrmann, of McCarthy Leonard Law firm, and who had taken $15,000 from her for representation, withdrew 30 days before the original trial date. … No subsequent attorney she talked to would take the case, because the six month extension the Judged had declared, did not leave them enough time to prepare.
36. Judge Rathert was aware Hulett was not represented by counsel, as he himself had granted Michael Herrmann’s Motion to Withdraw, even though Hulett had objected to him doing so. Hulett had petitioned The Court (Judge Rathert) to direct Herrmann to prepare the case for trial, but the Judge did not do as she requested.
37. Laws and Courts exist to administer Justice and to “Right, wrongs”. This court failed to provide either of those to Mrs. Hulett. She received no Justice. Wrongs done to her were not made right. The Court failed in its increased duty, to provide protection for one of its most vulnerable of citizens, a hearing impaired, elderly person. This was done to such a degree, that it likely constitutes Elder Abuse! … The failings (and/or blatant wrong doings) of this Court need to be addressed and corrected.
38. For all of the above stated reasons, on 10/13/2021, Mrs. Hulett fell into a state of Despair, Distress and Duress, leading to her developing Diminished Capacity, resulting in her signing what was presented to her, by the Judge, who emphatically said: “Sign here!” The Judge forcing Mrs. Hulett to sign something she had no chance to thoroughly read, constituted Elder Abuse.
39. During her entire time in The Court Room, with ________, _________Counsel, Timothy Phillip, and Judge Rathert presiding, Hulett could not shake the feeling that everything she was experiencing had been “pre-arranged” in a manner that would give her “no place to turn”. It seems to Hulett that this possible “pre-planning” would be highly irregular, if not illegal. If this “pre-planning” did take place, that would also constitute Elder Abuse, in that it shut Mrs. Hulett out from having a voice in her own future.
40. WHEREFORE: Because of Mrs. Hulett’s Despair, Distress, Duress and Diminished Capacity, which were caused by the activities of Opposing Counsel and Judge Rather of This Court. Defendant/Counterclaim Plaintiff Hulett prays the Court to set aside and Vacate The Settlement Agreement made on 10/13/2021 Re: _______ vs Hulett, Cause No. 18JE-CC00177 and to Remand This Case Back For Trial.
Defendant/Counterclaim Plaintiff, Charlotte Hulett, seeks this relief on the grounds of Missouri Statute 516.120 (5): and Missouri Statute §§ 409.600