Emergency Motion for Summary Remedy

8/9/2019 Emergency Motion for Summary Remedy

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UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

DR. JORG BUSSE, JENNIFER FRANKLIN PRESCOTT, Plaintiffs,

versus Case # 2:10-CV-0089-FtM-JES-SPC

JOHN EDWIN STEELE; SHERI POLSTER CHAPPELL; ROGER ALEJO;KENNETH M. WILKINSON; JACK N. PETERSON; GERALD BARD TJOFLAT;RICHARD JESSUP; CIRCUIT JUDGE BIRCH; CIRCUIT JUDGE DUBINA;RICHARD ALLAN LAZZARA; CHARLIE CRIST; LEE COUNTY VALUEADJUSTMENT BOARD; LORI L. RUTLAND; EXECUTIVE TITLE CO.;JOHNSON ENGINEERING, INC.,

Defendants.

INDEPENDENT ACTION

FOR RELIEF FROM GOVERNMENT CRIMES, CORRUPTION,

AND FACIALLY FRAUDULENT WRIT OF EXECUTION____________________________________________________________________________/

EMERGENCY MOTION FOR SUMMARY REMEDY AND

TO STAY PRIMA FACIE ILLEGAL EXECUTION AS A MATTER OF LAW

EMERGENCY OF PUBLIC CORRUPTION, CRIMES, AND ALTERED RECORDS

1. The publicly recorded corruption, crimes, unlawful acts, and record alterations and

falsifications of official documents in this Court have been an EMERGENCY under public

policy.

EMERGENCY MOTION FOR SUMMARY REMEDY

2. The Plaintiffs made an Affidavit that the execution is illegal and stated as grounds, e.g., the

lackof any supportingjudgmenton the Docket of Case No. 2:2007-cv-00228, the lack of any

falsely alleged Rule 38 motion by Defendant K. M. Wilkinson on the record.

DEMAND FOR INJUNCTION AND SUSPENSION OF ANYEXECUTION


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3. Therefore under Florida law, here immediately the U.S. Marshal and/or Sheriff must

suspend proceedings on the execution with corrupt intent to illegally obtain benefits.

Plaintiffs move this Court to enjoin Defendants Ryan Barry and Richard Jessup from any

proceedings on the fraudulent execution, because said Defendants knew and conspired to

conceal that no factual and/or legal basis for any execution had ever existed and that no

judge had ever authorized any authentic writ. Here, nojudge had even been named.

DEF. CROOKED HONEYWELLS RECORD CONCEALMENT AND COVER-UP

4. Defendant Government Whore C. E. Honeywell fraudulently concealed and conspired with

other Officials and Defendants to conceal:

a. Publicly recorded forgeries ofnon-existent land parcels 12-44-20-01-00000.00A0and 07-44-21-01-00001.0000;

b. Lackof any recorded 5,048.60 judgment and writ of execution on the Docket of CaseNo. 2:2007-cv-00228;

c. Public corruption in the Office of Crooked Judge Defendant Charlene EdwardsHoneywell;

d. That Honeywell could not locate the prima facie forged parcels on the 1912 CayoCosta Subdivision Plat of Survey in Lee County Plat Book 3, Page 25.

COERCION AND EXTORTION

5. For criminal and illegal purposes ofcoercing the Plaintiffs to cease and desist prosecuting

her and other Government Defendants for organized Government crimes and corruption,

Honeywell altered and/or falsified official records, and threatened civil contempt without

any justification.

CRIMINAL COMPLAINTS AGAINST DEF. HONEYWELL

6. Again on 07/19/2010, Plaintiff Government corruption victim Prescott complained to the

Federal Bureau of Investigation.


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OBSTRUCTION OF COURT ACCESS AND FILING OF NOTICE OF APPEAL

7. Defendant Crooked Honeywell totally obstructed any and all court access in Case No.

2:2009-cv-00791. Plaintiffs were absolutely entitled to file their Notice of Appeal from

fraudulent order, Doc. # 213, but were obstructed for criminal and illegal purposes of

concealment and cover-up of public corruptoion. See Doc. # 214.

EVER INCREASING THREATS AND ARREST THREATS AGAINST PLAINTIFFS

8. Staff members of Defendant Crooked Judge C. E. Honeywell unintelligently threatened the

arrest of the Plaintiffs unless they cease and desist prosecuting and reporting the public

corruption in the U.S. District Court. Said record threats followed arrest threats by

Defendant U.S. Deputy Marshal Richard Jessup. In the recordabsence of any judgment

and writ of execution, Defendant Jessup posted Plaintiffs property for criminal and

illegal purposes of extorting property and fees without any legal basis and coercing the

Plaintiffs to refrain from redressing Government grievances

9. Defendant U.S. Deputy Marshal Rick Jessup and his Supervisor, Defendant Ryan Barry,

knew that bribed Def. U.S. Judges and Officials have been deliberately depriving the

Plaintiff corruption whistleblowers ofexpress fundamental rights and Florida and Federal

Constitutional guarantees.

PUBLISHED NOTICE OF ILLEGALEXECUTIONUNDER FLORIDA LAW

10. The purported execution issued illegally. See 56.15, Fla. Stat.; Case No. 2:2007-cv-

00228.

NO $5,048.60 JUDGMENTWAS EVERRECORDED

11. No execution or other final process shall issue until the judgment on which it is based has

been recorded nor within the time for serving a motion for new trial or rehearing.


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Fla.R.Civ.P. 1.550. Here, no judgment in the amount of $5,048.60 was ever recorded,

Case No. 2:2007-cv-00228. Here, no evidence of any such judgment ever existed or could

havepossibly existedas a matter of law.

DEFENDANT CLERKS FALSIFICATIONS OF OFFICIAL RECORDS

12. On 07/16/2010, Defendant U.S. District Clerks Drew Heathcoat and Diane Nipper again

falsified and altered official documents and records for criminal and unlawful purposes of

obstructing justice and Plaintiffs court access.

13. In particular, the Clerk obstructed, and conspired with other Defendants to obstruct,

electronic court access, court access, and the filing of Plaintiffs pleadings, Case No. 2:2007-

cv-00791; 2:2009-cv-00791. In particular, Defendants Nipper and Heathcoat deliberately

deprived the Plaintiffs of their express fundamental rights to redress Government grievances,

and file their Motions for new trial and rehearing, and Notices of Appeal.

DIRECT INDEPENDENT ATTACKS OF CRIMINAL & ILLEGAL EXECUTION

14. Here on the record, the Plaintiffs have been directly attacking the prima facie criminality,

illegality, and nullity of the fraudulently procured execution, which issued illegally. See

56.15, Fla. Stat.; Case No. 2:2007-cv-00228; 2:2010-cv-00089; 2:2010-cv-00791.

PRIMA FACIE LACK OF RECORD, FED.R.CIV.P. 44

15. On 07/16/2010, Defendant Corrupt U.S. District Clerk Drew Heathcoat obstructed to issue

a written statement that a diligent search of the designated records in Case No. 2:2007-cv-

00228 revealed no writ of execution and no judgment awarding $5,048.60 to

Defendant K. M. Wilkinson. See Fed.R.Civ.P. 44.

PRIMA FACIE ORGANIZED PUBLIC CORRUPTION


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16. The fake writ of execution, Case No. 2:2007-cv-00228, is another publicly recorded

element of organized Government and judicial corruption with corrupt intent to extort fess

and property from the Plaintiff corruption whistleblowers.

PRIMA FACIE GROUNDS TO STAY ILLEGAL EXECUTION OF RECORD

17. Repeatedly, the Plaintiff public corruption victims stated several grounds as good cause to

stay the illegal execution. Grounds for the motion appeared on the face. Here, e.g., no

judgment had existed. See Docket Case No. 2:2007-cv-00228. The purported basis for the

non-existentjudgmenthad neverexisted, because Def. Forger Wilkinson had neverfiledany

Rule 38 motion. See Docket for Case No. 2:2007-cv-00228.

RECORD EXTORTION AND FORGERIES BY DEF. APPRAISER WILKINSON

18. Because, e.g., Def. Forger Wilkinson had criminally and illegally forged land parcels

12-44-20-01-0000.00A0 and 07-44-21-01-00001.0000, Plaintiffs Appellants Appeal

had been highly meritorious, and no frivolous appeal could havepossibly existed.

RECORD FABRICATION OF FRIVOLITY AND JUDGMENT

19. No frivolity was everdeterminedin the judgment, Doc. # 365, Case ## 2:2007-cv-00228;

2008-13170-BB. Here, no monetary penalty had ever been awarded to Defendant

Government Crook Wilkinson.

PUBLICLY RECORDED FALSIFICATION OF RECORDS

20. For criminal and unlawful purposes of obstructing justice and court access and perpetrating

fraud on the Courts, Defendants John E. Steele, Sheri Polster Chappell, Charlene E.

Honeywell, Mark A. Pizzo, and Richard A. Lazzara falsified and altered, and conspired to

falsify and alter, public records.


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21. Said judicial Crooks knew and fraudulently concealed that no regulation, resolution,

resolution 569/875, law, legislative act had ever existed, and that as a matter of

supreme Florida and Federal law, no law could have possibly divested the Plaintiffs of

their unimpeachable record title to Parcel # 12-44-20-01-00015.015A, PB 3, PG 25 (1912).

22. Doc. # 386-2, Case No. # 2:2007-cv-00228, evidenced an illegal motion filed on

08/20/2008 under fraudulent pretenses. Here, the deadline for any hypothetical Rule 38

motion had terminated on or around 08/08/2008, and Def. Wilkinson had never filed

anything prior to said deadline to justify any judgmentormonetary punishment. Therefore

here, no lawful basis could have possibly existed, and the illegal execution has been

fraudulent on its face.

PRIMA FACIE ILLEGAL writ of execution - AFFIDAVIT

23. Here, no lawfulwrit of execution had ever been issued. Furthermore, the Plaintiffs made an

Affidavit that the execution is illegal and stated as grounds, e.g., the lack of any

supporting judgment, the lack of any falsely alleged Rule 38 motion by Defendant K. M.

Wilkinson.

PLAINTIFFS COMMUNICATIONS OF PUBLIC CORRUPTION AND FELONIES

24. Plaintiffs again contacted Defendant Crooked Attorney Jack N. Peterson for Def. Forger

Kenneth M. Wilkinson and reported said publicly recorded public corruption, extortion,

coercion, and fraud, Tel. 239-533-2236.

07/19/10 COMMUNICATIONS TO FEDERAL BUREAU OF INVESTIGATION

25. On 07/19/2010, Plaintiff public corruption victim Jennifer Franklin Prescott updated the

Federal Bureau of Investigation about the public corruption, extortion, fraud, and fraudulent

writ.


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PRIMA FACIE FRAUD ON THE COURT AND EXTORTION

26. Furthermore, the Plaintiff corruption victims move this Court to set aside the non-existent

judgmentand writ in accordance with, e.g., Fla.R.Civ.P. 1.540(b), 1.500, and/or 1.540(a).

27. In the prima facie record absence of any recordedjudgment, any writ of execution, and any

Rule 38 motion, Defendants illegally and fraudulently procured an illegal writ.

28. Furthermore here, there were other pending actions affecting the subject matter and

conclusively evidencing the prima facie illegality of the fake writ, direct attacks upon its

criminality, as well as fraud, extortion, and corruption. See also Daytona Enterprises, Inc. v.

Wagner, 91 So.2d 171 (Fla. 1956); Childs v. Boats, 112 Fla. 282, 152 So. 214 (1933);

McGee v. Ancrum, 33 Fla. 499, 15 So. 231 (1894); Fair v. Tampa Electric Company, 158

Fla. 15, 27 So.2d 514 (1946); Viggio v. Wood, 101 So.2d 922 (3 D.C.A. 1958).

WHEREFORE, Plaintiffs demand

1. An Ordergrantingsummary remedies to the Plaintiffs, because Defendants forged land

parcels, coerced and threatened the Plaintiffs with arrest and civil contempt, and then

extorted fees and property under fraudulent pretenses of a non-existent writ and un-

recorded judgment;

2. An Orderenjoining the publicly recorded illegal execution-scheme under Florida law;

3. An Ordergranting the Plaintiffs summaryremedies against the record public corruption

and non-existent writ of execution, and non-existent Rule 38 motion;

4. An Orderstaying the illegal and null & void writ of execution and any execution;

5. An Order enjoining any further public corruption and the record falsification of land

parcels 12-44-20-01-00000.00A0 and 07-44-21-01-00001.0000;


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6. An Orderenjoining Defendant Forger K. M. Wilkinson from forging and falsifying official

records and documents for criminal and unlawful purposes of, e.g., extorting unrecorded

fees and property underfacially false pretenses of a non-existent 5 ,048.60 judgment and

fictitious writ of execution.

__________________________________/S/JENNIFER FRANKLIN PRESCOTT

Governmental Corruption & Fraud Victim, Plaintiff,pro seP.O. BOX 845, Palm Beach, FL 33480; T: 561-400-3295____________________________________/S/JORG BUSSE, M.D., M.M., M.B.A., C.P.M.Judicial Corruption & Crime Victim; Plaintiff,pro seState Cert. Res. Appraiser, Licensed Real Estate Broker, Mortgage Broker, Appraisal Instructor


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Emergency Motion for Summary Remedy