9. PRAYER 

WHEREFORE, this Petitioner respectfully petitions this Court for the following:

a)      Order that all the LFT accounts since 1978 be set aside and more particularly from January 1983 to the present pursuant to NRS §165.120 and NRS §163.115;

b)      Due to the amount of alleged fraud, the disappearance of valuable property from the LFT and the continual failure to produce, file and serve true, correct, complete and accurate accountings for a period exceeding 20 years, and under the circumstances the risk that Trust records may be impaired or destroyed, this Petitioner hereby petitions this Court to Order all books, papers and records, documents, notes, telephone records, time sheets, work-products, computers and any and all other related documents or information whether stored on paper or in electronic, magnetic or optical format, pertaining to the LFT, its accountings and the audit of BV be taken immediately and without delay into the possession of an independent receiver appointed by this Court and that the independent Court appointed receiver take control of all bank accounts, property and assets of any kind or nature in which the LFT has any right, title, claim or interest;

c)      Order a true, correct, complete and accurate forensic audit of the LFT from March 9, 1978 to the present, by an independent, disinterested, impartial, qualified and bonded auditing company licensed to do business in Nevada and that it be entirely billed and charged against the respondents, individually and severally if any negligence, unethical conduct, fraud, or unlawful acts be found that were proximately caused by the Respondents;

d)     Order LFT Trustees James L. Murphy, Harold P. Dayton, Richard B. Rowley, Dunham Trust Company and Tommy L. Tucker to post with this Court their performance bonds or other errors and omissions insurance to stand as surety for any acts, omissions, negligence or maladministration of the LFT;

e)      Order COOKE, ROBERTS & REESE, LTD, and David J. Reese, Esq., to post their errors and omissions insurance with this Court to stand as surety for any acts, omissions, negligence, breach of contract, violations of the laws of the State of Nevada and damages to the LFT and its beneficiaries;

f)       Order GRANT THORNTON, LLP, and accountant James L. Murphy to post their bond or errors and omissions insurance with this Court;

g)      Order any distributions to LFT outright beneficiaries frozen from the present up to and including August 30, 2005 or until a true, correct, complete and accurate forensic audit of the LFT is completed and approved by a Court of competent jurisdiction, whichever occurs later;

h)      Impose sanctions upon and against Trust Attorney David J. Reese for engaging in unethical conduct and bad-faith pleading and in counseling and advising the LFT Trustees to engage in breaches of obligations, violations of fiduciary duties, disloyalty, violations of the LFT agreement, violations of State law, abuse and misuse of Trust funds while violating Petitioner's rights to due process and equal protection of the law;

i)        Order the removal of COOKE, ROBERTS AND REESE, LTD and David J. Reese, Esq. as LFT Trustees' attorney;

j)        Order the disbarment of David J. Reese, Esq;

k)      Order that COOKE, ROBERTS AND REESE, LTD's license be revoked;

l)        Order the disbarment of Patricia Lear, Esq;

m)    Order the removal of LFT Trustee James L. Murphy as LFT Trustee;

n)      Order the removal of LFT Trustee DUNHAM TRUST COMPANY and Tommy L. Tucker as LFT Trustee;

o)      Order LFT Trustees and Trust attorney David J. Reese and Grant Thornton to personally and privately pay Petitioner for any and all costs, fees, and expenditures caused by or accrued during this litigation;

p)      Order LFT Trustees and Trust attorney David J. Reese to personally and privately pay Petitioner for any and all costs incurred by Petitioner in commencing and prosecuting this action; and,

q)      for such other relief this Court deems just and proper and according to right, interest and law;

VERIFICATION

I, Patrick Christopher Lear am a beneficiary and Petitioner in case #PR78-2800 pending before this Court.  The statements of fact made in the foregoing Petition to Set Aside Accountings are true and correct to the best of my knowledge and belief.

Dated this _____ day of ________________, 2005.

 

                                                 

Patrick Christopher Lear

1805 North Carson Street #120

Carson City, Nev. 89701

Phone: 775-721-9643

Fax: 775-884-4211