Victim of your Own Attorney?
Hi! I am Bernie Tocholke, I am a tree cutter working a twenty mile radius of Kenosha, WI. My business name was ALL WOOD HERITAGE.
I was married and had seven children. My wife got tangled up in a Church Cult. Her pastor told her to leave me because I wasn't obeying all the church rules. She left me March 30, 2002. More information about the cult is available at www.rickross.com. Or go right to the section for the Church of God Restoration. They have a local Church at 75th Street and 20th Avenue in Kenosha.
My two oldest boys got physically abused by the Pastor and his wife in approximately February of 2001. I didn't find out that they got abusively disciplined several times in 2001 until April of 2002. The Kenosha Police Department couldn't or wouldn't do a thing about it. The reason was not because the boys were not abused by Patrick and Sue O'Shea, but because the incidents happened over a year earlier. Another reason was because I gave permission for discipline. I didn't realize that discipline meant abuse with a 18" long, 1" thick paddle. That was child abuse and yet the O'Shea's go free. My boys didn't have any rights.
I hired an Attorney to get a fair representation in these matters. The representation I received is as follows.
Because I have a Business there is a complicated pile of expenses that are not part of having a job. All the Business Expenses need to be deducted from the Gross Receipts to get the Gross Income. In my case the depreciation got added unto the adjusted Gross Income. Never were the equipment payments and expenses subtracted back off that represented the depreciation. I spent money on my accountant to simplify the figures. My accountant stated he was available and waiting for a phone call from my Attorney. My Attorney never called him or never straightened this out to this day. I am still framed to pay on a Gross Income that is more than twice of what I actually make. For the first twenty-two weeks I was forced to pay 104% of my Gross Income. I financially fell behind fast. On September 20th 1 was given about 7 hours to come up with $5000 or check into the Kenosha Jail at 5:00 p.m.. I borrowed the money and went deeper in debt. From the final court date the percentage has been decreased to 51% of my Gross Income. Does not the Law say something about a 33% maximum support? My Attorney still hasn't adjusted anything. He hasn't done a thing while I am still falling thousands of dollars behind. I have the two oldest boys in my custody and yet my ex-wife doesn't need to pay me a penny. She used to be a teacher but isn't and does not need to work full-time. Most of the time she is at home with the children.
As far as placement, the best my Attorney could do for me is letting me see my five children one time a month from Friday noon to Saturday Evening. That is a little over one day a month and only one week in the summer. That's it!
Is not Wisconsin a 50% state in dividing the debts and assets? Once again my Attorney didn't get that for me either. I got 100% of the debt since she doesn't have a job. The Equity of the house however she gets 50%. But it is 100% my cost and responsibility to make the payments and maintenance until it sells. The house is presently in the process of bank foreclosure.
Finally my attorney practically forced me to sign the final papers telling me it's the best we can do. I confusingly believed him, I realize now I lost it all including over $5000 in legal work, he got his money up front. My attorney was John Anthony Ward of Kenosha., WI.
Is there anybody out there that can give me advice, answers, or help in anyway? I also need tree work to make it through the winter. You can't call me since my phone already has been disconnected.
So I have to ask you to email or phone me at:
bernie@screwedkenoshastyle.com
715-939-0109
In misery over unfairness,
Bernie TocholkeNotice: This particular page was written before I went to jail. Having absolutely no income for six months destroyed me and especially ALL WOOD HERITAGE.
Now I have to start all over again and try to build a new business with extremely horrible credit.
My new business name is SKS Story.com Tree Cutting. I am hoping I can pull out of the mess.
