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Breakdown of Benefits and Damages within our Agreement 

The table below attempts to  quantity benefits received by Andy Blair and/or damages incurred by Michael P. Wein due to Andy Blair’s unilaterally walking away from the Agreement between the two parties after Andy received most of the benefits but had yet to accomplish almost any of the obligations under that Agreement. The Agreement (with its us$25,000 advance payment) was drawn that way chiefly to increase Andy’s trust (she had recently been badly burned by a man she trusted and is currently but unsuccessfully suing him for recompense) in a written (as opposed to "oral" which Andy and I already had) Agreement, as well as to provide professional advice to solve Andy's then current financial problems, and to include as relatively equal "consideration", Andy’s own service obligations which were included to help justify the (agreed upon as a) non-loan, non-gift payment in the first place, as an advance against services to be rendered by Andy mostly in the future. Since the agreement was drawn up using USA dollars and most of the underlying documents were either in or converted to the same currency, the below amounts were converted to USA dollars.

Breakdown (and proposed resolution) of the elements of our Agreement ("who" gave "what" to "whom" and how much "benefit" was received) 

Who was to provide what

Who was the recipient of these benefits

Notes regarding computations and any other facts

What would bring us closest to our individual "pre-agreement" status

Who should pay what and how much (see Notes A, B, C and D below)

MPW pays us$25,000 to Andy Blair

Andy receives us$25,000

Andy made an unacceptable offer to repay me at approximately us$190 monthly. This would take much more than MPW’s lifetime to partially re-pay 

Return of the us$25,000, all in one payment, paid to the MPW account from which it originally was paid to Andy

Andy pays MPW us$25,000, paid in USA dollars (or equivalent) to his USA bank account

MPW’s payment was intended to aid Andy by getting rid of the Visa debt and, even more importantly, the 20.99% interest on the debt

Andy saved 20.99% interest on the removal of this debt 

$25,000 at 20.99% annually is a non-compounded us$437.29 each month - starting on Dec 18 2011 and continuing  until whenever it is repaid 

Pay back (us$437.29 a month, not to MPW, but to the Foundation, as partial recompense to the women and children Andy had abandoned.

Andy should pay all of the interest saved by her to the Charitable Foundation (none of this going to MPW, who has not earned it)

MPW provided professional services - advising and pushing Andy, giving her many ideas on how to increase specific items of income, decrease specific items of expense, and keep control over her financial life by keeping records of her spending, and teaching her how to create and maintain computer spreadsheets and how to use the formulae in such spreadsheets that using simple automation provides her with "pass" or "fail" attention-getting notices.

Andy received all of these valuable  services already and has profited greatly by being taught how and when to use these ideas now and in the future, forever, for her benefit

Difficult to separately value my professional fee (which was included in the total agreement's net payment) but the results are easy to value. The pre-consulting budget prepared by Andy herself showed a DEFICIENCY in income versus expenditures of us$12,428 a year. The post-consulting budget showed a SURPLUS in income versus expenditures of$7,137 a year, a turnaround of a net difference favorable to Andy of us$19,565 a year 

Andy’s own "before" and "after" budgets disclose a net change of us$19,565 a year (excluding the above non-compounded interest of $5,248 or, us$24,813, including the above interest, each year, every year.)

Andy should pay (only) 50% of the rest of the non-interest budgeted value received to the Charitable Foundation (not to MPW). It should be noted that the benefits to Andy are benefits that will continue to repeat themselves the rest of her life (and for a 41-year old, that’s likely to be the biggest part of her theft if she does not return 50% of the value of this ill-gotten theft.

Andy is to provide  healthcare services, when necessary, in the future

Never provided by Andy when she renounced her obligations under the Agreement

And possibly most expensive to me, damages to my health (already suffering prior to Andy’s agreement to assist in my healthcare) due to the stress from problems between us, still continuing with this oxygen-depriving legal process. This is an especial point of anger as someone who promised to help care for my health has battered it unnecessarily by forcing me to re-think and then re-do all of the work I did to bring her into the agreed upon process and then she unilaterally terminated it at such cost to me.

Nothing can fix this now that TRUST has evaporated. I am currently afraid to even CONSIDER any other person that I do not know as well as I thought I knew Andy as putting my life and health in the hands of an unknown person now petrifies me into no action at all.

MPW loses out completely on this

Andy is to provide services to the MPWC Foundation mostly after MPW dies, but also required some current services 

Never provided by Andy when she renounced her obligations under the Agreement

 

Previously a perpetual organization, the Foundation is now to be dissolved – this is the destruction of the Foundation goals that I worked on predominantly for most of the years between 1996 and now

Nothing can fix this now that TRUST between the parties has evaporated. I am not going to allow anyone I don't know well to take over command of a us$3,200,000 (or more) endowment fund.

The women and children of San Miguel will suffer this loss and I now cry for them.  My thoughts about Andy are most harsh now that I see more clearly the results of her behavior.

MPW had to change all of his Estate documents and many of his Foundation documents to accommodate Andy’s entry into the process and then re-do them all once again to re-adjust for her unexpected and abrupt departure

Andy originally was to take over the "second-in- line" position in my Estate (Executor, etc.) documents and the "first-in-line" position in my Healthcare Advance Directive (aka Living Will) and Power of Attorney for Financial Matters

Costs in time (excluding $500 costs here) to change all of my legal documents and supporting papers and website to reflect the Agreement with Andy and then the need to re-do all of the post-Andy renunciation changes so as to change them all back again to a different but newer process that now deals with the necessary and unfortunate dissolution of what used to be a organization designed to carry on the Foundation perpetually and implement the more than 12-years goals and mission work by MPW.

Nothing can fix this now that TRUST has evaporated

MPW loses out completely on this

Who was to provide what

Who was the recipient of these benefits

Notes regarding computations and any other facts

What would bring us closest to our individual "pre-agreement" status

Who should pay what and how much has been lost (see Notes A, B, C and D below)

Summary: notice that even if Andy returns the us$25,000 to me, and returns all interest saved of about us$100 a week on the paid Visa loan, and also returns 50% (only) of all of the benefits that she got from the professional advice I gave her that she actually followed, both of these latter amounts returned to the women and children of SMA that she ultimately stole it from, Andy will still be way ahead for the rest of her life, even if starting now.  Andy will still remain the winning and successful thief in this shocker.  On the other hand, if she does that, I will still be her victim as I have lost so much that could never be repaid in any way (everything from the non-compensated theft of my time and services to the loss of years of my life, not to forget the years of peace and tranquility I had contracted for for what years or months remain in my life.  I had retired to San Miguel from a very lucrative professional practice that I tired of working at.  When I found that this community needs help that I could provide, I enjoyed donating pro bono those same services.   However, when they were stolen from me, my anger has no boundaries.  If we had negotiated an agreement for the services and the results that came to pass, I would not have agreed to do that for less than us$175,000, if even that little since my health made my comfort more of a priority than ever before.  The settlement suggested in the 4th and 5th columns from the left are still highly favorable to Andy and unfavorable to me.   But short of sending her to jail, to even up her benefits but still not resolving my damages, nothing else "fair" comes to mind.  I remain maimed and broken.

Notes:

A- Since a fair solution might, in other more normal circumstances, consist of requiring Andy to perform and complete her obligations, that would not work in this circumstance since I could not allow myself to trust her again and later find out that my future healthcare or life or the future of the MPWCFoundation was relying on someone who has a history of making, but not keeping her, promises. Accepting her own quasi-termination and replacing it with recompense for damages is the only fair solution remaining.

B- Amounts include amounts saved by Andy even though they are not damages to MPW personally. These benefits are to be re-paid instead to the MPWCFoundation.  That is because Andy so badly harmed directly the Foundation which distributes its grants to the SMA charities benefiting women and children.  Because almost all of the benefits Andy received will continue to go on for the rest of her life, I propose that she share most of these benefits 50/50 with the SMA charities.

C-Some amounts are impossible to quantify but definitely are benefits to Andy and definitely damage to MPW.  I would hope a impartial judge can calculate or approve fair amounts

D-starting with Andy's destruction of my life’s work (which even Andy understood and originally called "my Legacy"), I changed all current at that time plans to suit Andy’s desire to do this work and then, more on a whim of hurt feelings due to hyper-sensitivity to what I said to her versus insensitivity to equally hurtful words that she said to me, Andy broke our agreement and the results of her breaking our Agreement were a closing down of the otherwise perpetual goals and mission of the MPWCFoundation in a closing down process that begins at my death.  This may have cost the women and children of San Miguel, alone, more than $3,200,000 (or more than 40,000,000 pesos).

We, the individuals who are involved in TPOTRFOMPW, have gathered all of the information that appears on the various (and linked pages below it) webpages from conversations and other varied communications with Michael.  As a matter of fact, he was adamantly against our publishing any or all of it.  But we were too anguished by his constant reluctance to take actions quickly against this woman as well as his continuing protection of her in spite of what she did to him.  We met often and argued often and finally overruled him and after publishing all of these pages, he finally agreed to at least read and comment on them and offer some major corrections and suggest many deletions, some of which we accepted.   As these thoughts and words now approximately, and to the best of our ability, reflect his own words, they remain worded "in the first person".  He also got us to eliminate certain things like the details and amounts on the budgets and the cashflow spreadsheets and we finally agreed that the "tops" of these documents were all we would publish at this time.  We feel strongly that he has been "taken" by a greedy and malicious and immature woman who professed to be completely trustworthy to gain his confidence and trust and then she turned around exhibiting nothing of what she was before he helped her out of her very serious financial mess.   Her true colors are now showing.  We even provide evidence, something she ignored in making her own wild accusations unsubstantiated by her own words in the many emails we examined.

written, edited, and uploaded (and password protected) by TPOTRFOMPW

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

“Underpromise and Overdeliver”

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