addendum amd/complaint 9-26-06

KATHRYN BAUMAN RUBENSTEIN                )

                                                                 )

   Plaintiff,      )   

                                                   )  CASE CV-02 5063        

Vs.                          )                                                                 

BETTY JO BAUMAN,)

Et al                         )

BARBARA BAUMAN KAMINSKY         )                      

JEFFREY BAUMAN                 )

REGIONS BANK,            )

PEOPLESOUTH BANK,)           

Formerly, Bank of Columbia )

COMMUNITY BANK AND TRUST  )

MIDSOUTH BANK,      )           

 Formerly, 1^st National Bank of Ashford     )

REGIONS MORTGAGE           )

BOYD HORN,                   )           

Former employee Regions Bank,    )           

Dothan, Alabama   )

ROBERT BIRMINGHAM,  )           

Former Trust Officer, Regions Bank, )           

Dothan, Alabama                      )

BRIAN BICKHAUS, )

Trust Officer,CEO, Regions Bank,   )

            Dothan, Alabama                  )

RICHARD FOX,                             )           

Former Trust Officer, Regions Bank,     )

Dothan, Alabama       )

CARL E. JONES,JR,   )           

 Executive, Regions Bank,   )           

Birmingham, Alabama  )

D. BRYAN JORDAN,   )           

 Chief Financial Officer, Regions Bank,      )           

Birmingham, Alabama          )

PAT BLACK                       )           

Secretary, Regions Trust Department,   )           

Dothan, Alabama                 )

G. DAVID JOHNSTON, Esq. )

DON P. BENNETT, Esq.  )

NANETTE PITCHER    )

PITCHER & ASSOCIATES)

DIANNE REAM      )

REAM PROPERTIES  )

ANN CHANDLER   )

MARIE W. BAUMAN   )

ALAN E. KAMENSKY, Esq.  )

BENJAMIN WAYNE GRANGER  )

ROSS KENNEDY,       )           

Accountant, McDaniel & Associates   )

McDaniel & Associates       )

LEXA DOWLING, Esq.     )

FAYE FERRELL, M.D.      )

DOUG MCKEOWN , Ph. D.    )

WALLACE COOLEY              )

TOM ZEIGENFELDER      )

ZEIGOOLEY INC.                )

MARGARET JOHNSTON    )

HOUSTON COUNTY DEPARTMENT OF    )

HUMAN RESOURCES        )

GRANGER LIMITED      )

COMMUNITY BANK & TRUST    )

MIDSOUTH BANK, N.A. formerly,    )

FIRST NATIONAL BANK OF ASHFORD  )

1^ST BANK OF COLUMBIA          )

BOYD HORN,              )

Former Trust Officer, Regions Bank,         )           

Dothan, Alabama     

All made, the basis of the Plaintiff’s/     )

Contestants Complaint               )

Defendants.        )

          PLAINTIFF/CONTESTANT’S ADDENDUM TO AMENDED COMPLAINT            

      COMES NOW, the Plaintiff, Kathryn Bauman Rubenstein, acting Pro Se, AND, PURSUANT TO Alabama Rules of Civil Procedure 15(a) does hereby file this her ADDENDUM to amended complaint filed with this Court September 22, 2006 in the above styled pending cause of action, and would state the following, to-wit; Wherein Theodore Julius Bauman, also known as, Ted Bauman with regard to the Motion herein, will be known as “Decedent”.

6A.            THAT, Defendant PeopleSouth Bank is a State of Alabama Corporation and itsaddress is 109 East Church Street, Columbia, Alabama,  36319;

6B. THAT, Defendant MidsSouth Bank is a State of Alabama Corporation and its mailing address is Post Office Drawer 1001, Ashford, Alabama, 36312;

6C.  THAT, Defendant Community Bank & Trust is a State of Alabama Corporation and its address is 901 N. Bollweevil Circle, Enterprise, Alabama 36330;

1. THAT, Richard Fox, was a trust officer with Regions Bank, Dothan, Alabama until 2001 and his current address is 475 Turnstone Drive, Boca Grande Florida, 33921;         

9A.     THAT, Boyd Horn was an officer with Regions Bank, Dothan, Alabama and his current address is 403 Live Oak Trail, Dothan, Alabama 36305;

9B.     THAT, Carl E. Jones, Jr, is an executive with Regions Bank, Birmingham, Alabama and his current address is 417 20^th Street, Birmingham, Alabama 35202;

9C.     THAT, D. Bryan Jordan is the C.F.O. of Regions Bank and his current address is 417 20^th Street, Birmingham, Alabama 35202;

1. THAT, Robert Birmingham was a trust officer with Regions Bank, Dothan, Alabama and his current address is Regions Bank 8 Commerce Street, Montgomery, Alabama 36104;
2. THAT, Plaintiff/Contestant avers that defendants set forth in Paragraphs 9A, has breached his fiduciary duty unto Decedent and unto Plaintiff/Contestant in that said defendant has been, and continue to be wanton and negligent in that he has:

                       i.      Mismanaged trust finances                                                           

ii.      Disbursed trust funds without written authority                                                         

 iii.      Refused to provide to the Plaintiff/Contestant an accounting of said Trust                                                        

  iv.      Sold real property for less than fair market value  

 v.      Contracted real property for sale without legal authority                                                         

vi.      Failed to provide to the Plaintiff/Contestant Estate Taxes of said Trust and of decedent, Theodore J. Bauman                                                       

vii.      Disbursed assets of decedent unto themselves and unto other third parties                                                    

  viii.      Practiced self dealing in selling assets and real properties unto themselves for less than fair market value                                                       

   ix.      Paid bills and mortgages of third parties from assets of Ted Bauman and/or from Trust Funds without written authority                                                           

x.      Mismanaged assets and finances of Ted Bauman

   xi.      Disbursed assets of Ted Bauman without legal authority and/or without requisite written permission

1. THAT, Plaintiff/Contestant avers that defendants’ set forth in Paragraphs 6, 7, 8, 9, 9A, 10, 11, 13, 14, 21, 22, & 36 willfully and wantonly conspired to cheat and defraud Plaintiff/Contestant by allegedly conspiring to and/or forging signatures and/or witnessing the alleged forged signature of Decedent on his purported Codicil to Last Will & Testament, purported Last Will and Testament, purported  Revocable Trust,  purported Power of Attorney, and contracts of sale and mortgage documents;
2. THAT, Plaintiff/Contestant alleges that defendants’ set forth in paragraphs 3, 4, 6, 7, 8, 9, 9A, 10, 11, 13,14, 17, 18, 19, 21, 30 & 36 conspired to exploit Decedent and to defraud Plaintiff/Contestant by allegedly conspiring to, having knowledge of and/or forging Decedents signature on a Joint Power of Attorney Document giving Nanette Pitcher & Don P. Bennett jointly Power of Attorney over Decedent and that said defendants continued to exploit Decedent and his estate and to defraud Plaintiff/Contestant by signing and/or having knowledge said various documents were fraudulent including but not limited to Mortgages, Loan Documents and  Contracts for sale of real property as joint Powers of Attorney subsequent to a Court Order removing them as ATTORNEYS’ IN FACT over Decedent;

1. THAT, Plaintiff/Contestant alleges that defendants’ set forth in paragraphs 3, 4, 5,6, 8, 9,9A, 10, 11, 13, 14, 17, 18, 19, 20, 21, 22,23 & 36 did willfully and with malicious intent, conspired to exploit Decedent and to defraud Your Plaintiff by forging, having knowledge of purported forgeries and/or aiding and abetting in the conspiracy to defraud Your Plaintiff by allowing assets of Decedent to be spent and looted specifically with regard to expenditures involving forged contracts, Mortgages and Right of Survival Documents for the benefit of one, Anne Chandler, a caregiver employed to care for Betty Jo Bauman and who was so employed approximately from July 15, 1997 until her termination on or about December 5, 1999;

1. THAT, Plaintiff/Contestant avers that defendants’ set forth in paragraphs 6, 7, 8, 9,9A, 9B, 9C, 10, 11, 13, 14, 15, 16, 21, 22, 23, 29, & 36 conspired to defraud Plaintiff/Contestant by sharing pertinent financial information with each other and with third parties and by willfully and maliciously colluding to withhold pertinent financial information from Your Plaintiff including, but not limited to Decedent’s assets, expenditures for and on behalf of Decedent, Profit & Loss Statements involving assets owned by Defendant , Corporate and Individual Tax Returns including but not limited to  the  purported Revocable Trust of Decedent  prior to and subsequent to Decedents death, and up until and including the present date;

50. THAT, Plaintiff/Contestant alleges defendants’ set forth in paragraphs 3, 4, 6, 7, 8, 9,9A, 9B, 9C, 10, 11, 12, 13, 14, 15, 16, 19, 21, 22, 23, 26, 27, 28, & 36 conspired to defraud, Plaintiff/Contestant of her rightful inheritance and to defraud The United States Government and The State of Alabama of taxes due them by conveying real property of Decedent subsequent to the death of Decedent unto each other and unto third parties at prices significantly and markedly below market value;

1. THAT, Plaintiff/Contestant alleges that defendants set forth in paragraphs 6, 7, 8, 9, 9A, 9B, 9C, 31, 32, 33 and 36 did conspire to defraud Your Plaintiff by initiating, issuing and/or granting mortgages, mortgage payoffs and the financial where withal to finance and/or pay off said mortgages to one, Houston County Circuit Judge, Larry Anderson while Anderson presided in his official capacity as Circuit Judge over proceedings in the above mentioned cause and in Cases CV-5012 & CV-5013 involving the Decedent and his spouse and their individual and marital assets, in exchange for favorable and preferential proceedings and rulings in said causes of action;

1. THAT, Plaintiff/Contestant alleges that defendants set forth in paragraphs 6, 7, 8, 9A, 9B, 9C, 31, 32, did conspire to defraud Your Plaintiff by initiating, issuing and/or granting the financial where withal to finance and/or pay off mortgages of one, Special Appointed Circuit Judge, Dale Segrest and/or members of his immediate family while Segrest presided in his official capacity as Circuit Judge over proceedings in the above mentioned cause and in Cases CV-5012 & CV-5013 involving the Decedent and his spouse and their individual and marital assets, in exchange for favorable and preferential proceedings and rulings in said causes of action;
2. THAT, Plaintiff/Contestant alleges that defendants set forth in paragraphs 6, 6A, 6B 6C, 7, 9A, 10,11, 13,17,21,22, 23, 29 & 36 with malicious intent, did conspire to defraud Your Plaintiff by initiating, issuing, signing, preparing, mailing and/or receiving through the United States Mail loans, mortages, loan payoffs, assignments of rents and leases, release and satisfaction of mortgage, involving documents that were either forgeries or received through undue influence of Decedent, or lacking ANY signature on document and/or obtained through fraud and/or fraudulent means involving Decedent in any manner and that defendants 6, 6A,6B, 6C,7, 9A, 10,11,21,22 ,23, 29&  36 breached their fiduciary duty unto Decedent and unto your Plaintiff/Contestant by their knowledge and  involvement with the above mentioned herein;

WHEREFORE, Plaintiff/Contestant prays that this Court will set these matters for hearing and that the issues involved herein will be made up and tried in this Court expeditiously at a time and place conducive to this Courts calendar.  The Plaintiff/Contestant prays for such other, further, or more general relief, to which she may, in equity and good conscience, be entitled.

Respectfully submitted this 26th day of September, 2006.

__________________________________________

I HEREBY CERTIFY THAT I HAVE SERVED A COPY OF THE ABOVE AND FOREGOING TO: Jeffrey D. Bauman, Pro Se, P.O. Box 1956, Dothan, 36302, William L. Lee, III, Esq. P.O. Box 1665, Dothan, AL 36302 & Stephen G. McGowan, Esq. P.O. Box 2101,. Dothan, Alabama 36302, by placing a copy of the same in the United States Mail, properly addressed and postage prepaid, this _________ day of September 2006:

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