This letter to the Governor is posted by request of the Henderson’s, they ask if anyone is interested to please send a note to Gov. Baldacci on there behalf and tell him this is a true travesty of justice.
FROM: Robert and Claire Henderson
ADDRESS: P.O. Box 34
Lebanon, ME 04027
207-457-3968
Dear Sir;
We are writing to you to explain the injustice we have been subjected to over the
course of the past several years, and to beg of you and your good offices to
intercede for us, if at all possible.
I am a retired high school teacher of 17 years experience (63 years old), and my
wife is a former associate with Sam’s Club and Home Depot (60 years old), now
retired and disabled with Parkinson’s Disease and COPD. We live in a small Cape
Cod in Lebanon, ME, which I inherited from my parents at my father’s passing in
1992. We have been residents here for 49 years (since 1961), and before that North
Berwick, ME, beginning in 1959.
The injustice I spoke of earlier has been visited upon us by the largest landowner
in Lebanon, who unfortunately owns property which abutts ours in several areas.
Although they lay claim to the land surrounding ours, this is not true, as proven not
only by the deeds, but by Lebanon Town Records reaching back to the early 1900′s.
We took these landowners to Superior Court (Alfred, ME) in December of 2009
to quiet title to our property. However through manipulation of the laws and because
of a lack of understanding regarding the wording of the deeds on the part of the Judge
hearing the case (J. Fritsche), these abutters were able to have all of the evidence we
had gathered barred from the jury’s consideration. Without this vital evidence the jury
found for the defense. We can also prove the judge had little or no understanding
of the deeds in that, on the urging of the lead defense attorney in writing (John Wall,
Esq.), he changed the “wording” of his decision a month later (still showing that he
was not clear on the ownership of the property in question). I also should mention at
this point, our lead attorney (Francis Lindemann, Esq.) was declared “incompetant”
by the Board of Overseers of the Court 3 weeks after the trial, due to mental distress.
I believe your legal advisor, Patrick Ende, is familiar with Ms. Lindemann, as we have
spoken several times after Judge Fritsche rendered his decision. Needless to say,
mental distress or anguish is not a condition that occurs overnight, is debilatating at
the least, and effects one’s abilities and performance. Even we, as plaintiffs, could
see Ms. Lindemann was not pursuing her duties with her normal effectivness.
After the Superior Court’s decision, we appealed to the Maine Law Court,
expecting an appeal would demand greater scrutiny on the part of those learned
gentleman. Ms. Lindemann, who was supposed to write our appeal, was now in a
mental sanitarium, and no longer allowed to practice law in Maine. The task of
writing the appeal was given to Ms. Lindemann’s associate, Aaron Baltes, Esq.,
an attorney with Norman, Hanson and DeTroy, Esqs. (Ms. Lindemann’s personal
lawyers). Although Aaron seemed to do an adequate job, we feel that the Appeals
Court, what with budget cuts, reduced schedules and increased case loads, gave
our case even less attention then the Superior Court had. They received our appeal
on August 30th, 2009, yet their decision says it was received Sept. 30, 2009. This
was just another in a procession of inconsistancies that has led my wife, I and our
supporters in Lebanon to believe that our civil rights have been severely neglected
and violated.
We again beg you to exercise your position as governer to investigate this
travesty of justice and give us the consideration that we, as tax payers and
supporters of your office deserve. We are contacting the media, hoping that the
“court of public opinion” will be more interested in this situation then the courts have
been. We are only asking for someone to investigate this case with the
diligence any taxpayer would expect.
Thank you for your kind attention …………………………………
Sincerely,
Robert and Claire Henderson
4 responses so far ↓
1 striveforchange // Jan 29, 2010 at 11:16 pm
Thank you Glen for doing this.
I think that we are still in shock. How can this happen when you have a legal binder (bill of sale). I am greiving so please bear with me.
These people have so much. How come they can’t leave other people alone. ?
2 Surveyor // Jan 30, 2010 at 11:53 pm
Now I am not familiar with Maine laws but in NH especially rochester off ten rod road they have been adjusting property lines (since the old stone walls which most assume are property line are sometime 30-40 yards off) they are now using GPS to determine where property starts and ends, I am not sure but maybe this coulde be used in your favor.
better luck
3 striveforchange // Jan 31, 2010 at 10:22 am
To Surveyor,
Thank you for your concern that prompted you to comment on our post. We greatly appreciate that you took the time and cared enough to write your thoughts, as have many others who read the posts on “Our Voice” and sent their views and suggestions to both this site and to our email.
In answer to what you wrote, the abutter to our land stated in his deposition that he had used a “hand-held’ GPS device to located the boundaries, however we had a stamped survey completed that backs up our claims. But, the judge for our suit would not even allow this surveyor to say he had completed that survey, let alone allow it into evidence. This is just one example of the “one sided” obstacles we had thrown in our way.
There are two stone walls that possibly could be the boundary on one side, and three on another. Town records and their deed reveal that the abutter’s land runs only to our southern boundary. Yet they hired a “less than reputable suveyor”, who we might add is now their “house surveyor”, and has erroneaously found in favor of her employers on at least two documented occasions.
Now you see what we have been up against. I might also add that these abutters have racked up 45 to 50 “boundary agreements” with other land owners in the last 30 years, which are on file in the York County Registry of Deeds.
4 striveforchange // Feb 1, 2010 at 9:29 am
For those of you who are interested, and would like to show your support for our plea to the Govenor and administration here is the Governor’s email address:
governor@maine.gov
Thank you for your concern and interest.
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