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
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:
In misery over unfairness,
Notice: 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.