2008 Coming Soon
Inserts Eva Braun Eva's Story Paintings Targets 02-04 05-07 08-10
Xmas 04 05 06 07 08 09 10 Tree Notes ISM Bar X-Targets Tax-Mice
PresViv E.Indicators SepticTank KickOutOPEC
NewLaws NewSci MostWanted Attic
January 07, 2008
|
Teen Ernst, Baby Herbert and mother fleeing
|
World War I
Herbert Had last second class seat.
|
the Russians. Within first class on the train, there were empty seats.
|
|
Senior Ernst and only child Alisa, were leisurely touring
|
1970’s
Alisa Pitied her father’s small mind. |
World Trade Towers. He said Americans ignorant of war. |
Some artistic detail was lost when I went from Word to FrontPage. However, I saved a few dollars when I took matting with an oval-cut interior, and cut the whole sheet in half. Herbert is in the top-half of the oval, my mother in the bottom. The two frames were on clearance--$3.50/each.
I served and filed the following...
|
Superior Court Housing Session of Tolland at
1.
I, Vivian Lehman, am the defendant pro se in the above-captioned
action. I am a resident of 2. On November 08, 2007, I served-and-filed a Dismissal Motion. On December 14, 2007, my opposing counsel of the law firm of Hunt, Leibert and Jacobson, served-and-filed an Objection and Supporting Memorandum. On December 24, 2007, I served-and-filed my request of the Court to Overrule the Objection. This Memorandum is a supplement. 3. The reoccurring issue in all of the afore-mentioned documents is the exact words of Connecticut General Statutes (CGS) §47a-23, and whether or not the Plaintiff correctly applied such in an eviction Action against the Defendant. Such Action was initiated by a Notice to Quit Possession. 4. According to the Plaintiff’s Objection, they are in compliance with all facets of the Statute, and henceforth, the Notice to Quit is valid. If compliance is a validation, then, according to their own argument, lack of compliance is an invalidation. 5. I am attaching as Exhibit 1 a copy of such Statute including its annotations. As Exhibit 2, I am reprinting the first two paragraphs denoted (a) and (b), with applied emphasis on the phrases cited herein. Exhibit 3 attached is a reprint of the last paragraph of the annotations, also with emphasis on the words quoted herein. 6. As Exhibit 4, I am attaching the second page of the Plaintiff’s Memorandum supporting the Objection which presents “A reading of the statute in its present form…” The Objection then provides an accurate quotation of part of paragraph (a) of the Statute. Below, I copied and pasted a larger part of such from the Judicial Branch’s website, and underlined the words borrowed in the Objection (see also Exhibits 1 and 2): “such owner or lessor, or such owner's or lessor's legal representative, or such owner's or lessor's attorney-at-law, or in-fact, shall give notice to each lessee or occupant to quit possession or occupancy of such land, building, apartment or dwelling unit, at least three days before the termination of the rental agreement or lease, if any, or before the time specified in the notice for the lessee or occupant to quit possession or occupancy.” 7. What is not mentioned in the Objection are the words of the annotation to the Statute at issue (Exhibits 1 and 3): “Period
of "at least ten days" excludes both terminal days.
Henceforth, the Plaintiff’s Notice to Quit, having provided six days excluding both the dates of service and termination, is noncompliant and invalid. 8. As Exhibit 5, I am attaching the third page of the Plaintiff’s Memorandum supporting the Objection. According to such, “The Plaintiff’s Notice to Quit provides that the defendant’s occupancy is being terminated where one “Originally had the right or privilege to occupy such premises but such right or privilege has terminated” which is the exact language of C.G.S. §47a-23(a)(3).” 9. My opposing counsel’s understanding of the Statute stops at the end of the Statute’s first paragraph denoted (a). The second paragraph, (b), of the Statute provides instructions as to the format in the Notice to Quit (see Exhibits 1 and 2): “(b) The notice shall be in writing substantially in the following form: "I (or we) hereby give you notice that you are to quit possession or occupancy of the (land, building, apartment or dwelling unit, or of any trailer or any land upon which a trailer is used or stands, as the case may be), now occupied by you at (here insert the address, including apartment number or other designation, as applicable), on or before the (here insert the date) for the following reason (here insert the reason or reasons for the notice to quit possession or occupancy using the statutory language or words of similar import, also the date and place of signing notice)…".”(emphasis supplied) 10. Paragraph (a) denotes letters to “reasons” and numbers to such categories: “(3) when one originally had the right or privilege to occupy such premises but such right or privilege has terminated” 11. One example of a reason and category is “(1) …rental agreement…” “(D) nonpayment of rent…” If my opposing counsel believes I should have given them money for any reason, and that the Plaintiff, Wells Fargo Financial, has an account such is applicable to, it would have been mentioned, with the account number, in any of the briefs prepared for this action. 12. In their attempts to evict me, they cited category #3 which is not one of the many “reasons” listed. Henceforth, the Plaintiff’s Notice to Quit is noncompliant and invalid. 13. Statute 47a-23 is the only issue my opposing counsel is concerned with. The precedents cited in the Dismissal Motion papers are not of issue. These are: Pander v. French Kurtz v. Drodz Rupwani v. Mastropietro Ruocco v. McKay Bongiovanni v Reardon WHEREFORE, Defendant respectfully requests of the Court to consider the whole Connecticut General Statute Section 47a-23, with its annotations, as well as all five precedents, and enter a judgment in her favor overruling the Objection and dismissing the claim against her. ________________________________ January 07, 2008 Vivian Lehman, Defendant pro se 860-742-6463
CERTIFICATE OF SERVICE
This
is to certify that on January 07, 2008, a copy of MEMORANDUM OF LAW was
mailed via
TO: Mr. Kenneth Pollock Hunt Leibert
______________________________ January 07, 2008 Vivian Lehman Defendant, pro se 860-742-6463
|
Wednesday January 09, 2008
|
Dear Mother; I received your message--a file named GrandpaBo on my computer, with two images of a rectangle. These, of course, resemble the shape of the frame I selected for representation of the book written about Grandpa's lifetime of research as a urological surgeon. I am planning on resuming work on all framing after concluding the paperwork of the trial. One of the reasons why I bought the printer/scanner was so I could work on everything during the snow storms of winter. As you already know, I had everything ready for framing, and then removed the plastic packaging only to realize that matting in front of, not behind, the glass was built-in----non-removable. I had to change the way the information is organized to achieve conformity with the circle and rectangle. I cannot use three-square-format with this $1 frame. But, nonetheless, I think its designers gave me good directive. That is probably a better way of doing it. I will try to finish it in time for Mother's Day. |
Unless this is what she wants...
|
Dr. Ernst Lehmann 1900-1976 Urological Surgeon Thesis Subject |
|
Ernst Lehmann: ‘Die Begutachtung (The investigation) Urologisher (Urological) Krankheiten’ (Diseases) Mit Beiträgen zur (with contributions to) Biobibliographie Lehmanns Inaugural-Dissertation Zur Erlangung der Docktorwürde der Medizinishen Fakultät der Bayerischen Julius-Maximiliana-Universität zu Würzburg Vergelogt von Hans- Martin Bossert aus Anabach (mfr.) (author) 1986 |
|
Beitrag (contribution) zur Pathologie Des Processus vermiformis (appendix) ______ Inaugural-Dissertation Der medicinishen Facultāt Der Kaiser-Wilhelms- Universität Strassburg Zur Erlangung der Doctorwűrde Vergelogt von Max Lehmann |
|
|
Friday January 11, 2008
Court date was today before Judge Santos.
My opposition never showed.
Claim against me is dismissed.
Counterclaim still pending.
But Frank Kibler warned me, they could try to evict me again.
Saturday January 12, 2008
This is what happened.
On Thursday I stayed home waiting for the phone call from Hunt & Leibert informing me that they were Motioning for a Continuance (i.e., postponement, continuation). Around noon, it came. I agreed.
As the last time, I awoke the following morning to check the Case Detail and saw the word "proceeding". It is better to show than not, but this time I was going to be smart. Instead of putting on an elegant outfit, I decided to wear what-I-call my upscale-rags. These are not jeans, but black slacks and a ribbed pink t-shirt with a full neck and no design on it.
And this time, I did not bring a book to read.
We all entered the Courtroom, and I did not hear that a Continuance was Motioned. Rather, I heard two cases called, and then mine. I stated my Appearance, but did not hear my opposing counsel do so. Then we exited the Courtroom and lingered in the hallway. As the Housing Specialist worked with each case in his office, I talked to a very nice female attorney who was representing landlords. She explained to me I should return to the Courtroom for the next calendar call and ask for a default judgment. I thanked her for the good advise. When I saw the Housing Specialist emerge from his office to file a settlement, I asked him. He gave the same advise. So I stood outside of the Courtroom for over half-an-hour wondering if this could really be possible.
I knew it couldn't, because the
satellites must be seeing what is going on. And any of the 20 attorneys
of the law firm could have easily jumped into their cars and arrived. It
is a short drive from
The Courtroom doors were again unlocked and we entered. First, the settlements were announced between landlords either representing themselves or by counsel, and their tenants. And then came my case. The Judge granted the Dismissal Motion.
Last night, I tried to understand what happened. This morning, when I checked the Case Detail, I learned the Motion for Continuance was denied by Judge Angelo Dos Santos.
He will always have my vote. Because he was right.
Tuesday January 15, 2008
A few weeks ago, I decided to review the
If I had accepted paperwork in this condition while I was working as a $9/hour cashier, my you-know-what would have been kicked such that I would have flown past the Moon over to Mars. I assume the land-records-clerk makes more than that.
I didn't know what to do with the document I found. I drafted many motions. My problem was that I was afraid that the Judge might think I made the hand-written corrections to the date of notarization. So I would have to send him on an errand to review the pages in the book. As far as I knew, you can't send judges on errands.
Two days before the January
My guess was that the Judge had already seen it when he denied the Motion for Continuance. While I couldn't see any such thing in the Case Detail, I could see that the Judge deemed their Motion to Strike as "arguable--yes". Everything else had been "no". I asked at the Courthouse what that means. The "yes" is if the Judge has questions before granting or denying the motion.
My opposing counsels' objective was to
convince me that the mortgage with Wells
Today I served-and-filed the
following. (I omitted the WHO because this is the signature of an
innocent executive. She has two identities: Vice President of
Mortgage Electronic Registration Systems and Vice President of Countrywide. The
WHAT could not be transferred from Word to Frontpage software. But it is
the loan number. This is not a Wells
For graphics, see WhoWhatWhere
|
Superior Court Housing Session of Tolland at
1. I,
Vivian Lehman, am the defendant pro se in the above-captioned action.
I am a resident of 2. I am asking of the Court to acknowledge this MEMORANDUM OF LAW and thereby void the Plaintiff’s Motion to Strike the Counterclaim as per the Connecticut Statutes and Codes cited herein. 3. A
copy of the Assignment of Mortgage is the only attachment to the Supporting
Memorandum of the Plaintiff’s Motion to Strike. A duplicate of such
Assignment of Mortgage is recorded in the Town of
4. And WHY is it that Wells Fargo, the plaintiff, never committed its signature to it? “Sec. 49-10. Assignment of mortgage... Requirements...(1)written notice of assignment signed by both the assignor and the assignee…” (emphasis supplied) 5. On December
11, 2007, I served-and-filed a Request for a Revised Complaint. I wanted a
document signed by a Wells 6. The hand-written corrections of the Assignment of Mortgage render it non-conformational to the Connecticut Code of Evidence Section 10-2 which requires reliable resemblance between originals and photocopies without the necessity to view the former. Henceforth, it is a hearsay document and I am not attaching it. 7. The
signature-date of the hearsay document is typewritten January 03, of the
manually entered year of 2007. Two days later, on January 05, 2007 it
was recorded in the 8. The Plaintiff’s Motion to Strike and its Supporting Memorandum is signed by David W. Goldman, of counsel to Hunt, Leibert and Jacobson. This is the law firm claiming it has authorization to represent the Plaintiff. 9. In preparing these briefs, Mr. Goldman did not conform to his law firm’s practice of using the law firm’s letterhead for each page. Henceforth, the Motion to Strike and its Supporting Memorandum must also be considered hearsay as there can be future issues with the Connecticut Code of Evidence. And considering Mr. Goldman’s characterization of me, I would also like to ask of him to initial each page in his resubmission. WHEREFORE Defendant respectfully requests of this Court to deem the Plaintiff’s Motion to Strike and its Supporting Memorandum as nullities and require resubmission with 1. The original Assignment of Mortgage filed, 2. A copy served with a True-Copy-Affidavit, and 3. All pages of briefs printed on the law firm’s letterhead with Mr. Goldman’s initials on each. Defendant also respectfully requests of the Court to change the identity of the plaintiff from Wells Fargo Bank to the law firm of Hunt, Leibert and Jacobson. And Defendant requests an injunction against all future eviction activity.
________________________________ January 15, 2008 Vivian Lehman, Defendant pro se 860-742-6463
To: Kenneth J. Pollock, Attorney for Plaintiff Hunt Leibert & Jacobson, PC
SUPERIOR COURT Housing Session of Tolland at
All future attempts by the above-captioned Plaintiff, Wells Fargo (or by any agent or attorney acting on such behalf), of evicting the above-captioned Defendant, Vivian Lehman, are hereby forbidden. So Ordered,
SUPERIOR COURT Housing Session of Tolland at
The Motion to Strike the Counterclaim, as well as its Supporting Memorandum, served-and filed by the Plaintiff on January 09, 2008, are hereby voided and required by the Court to be resubmitted in a format conforming to the Connecticut Code of Evidence and other basic legal protocols. So Ordered,
SUPERIOR COURT Housing Session of Tolland at
The title of the above captioned case is hereby changed to HUNT, LEIBERT AND JACOBSON, Plaintiff, vs VIVIAN LEHMAN, Defendant pro se So Ordered,
SUPERIOR COURT Housing Session of Tolland at
This
is to certify that on January 15, 2008, a copy of the Defendant’s MEMORANDUM
OF LAW, as well as three proposed drafts for Orders, (all of the foregoing)
was mailed in a postage-prepaid envelope via To: Kenneth J. Pollock, Attorney for Plaintiff Hunt Leibert & Jacobson, PC
______________________________ January 15, 2008 Vivian Lehman, Defendant pro se 860-742-6463
|
As you can see, according to the document, the mortgage was transferred for $1.
It is pasted-up. Any child could have created it.
Wednesday January 16, 2008
The Judge changed the "arguable--yes" to "arguable--no". This means that either he has too many or not enough questions.
|
WELLS
|
|
Docket Number: |
TTD-CV-07-4008210-S |
Court Location: |
Tolland |
|
File Date: |
Oct 30 2007 |
Return Date: |
Nov 08 2007 |
|
* Last Action Date: |
Jan 16 2008 |
ADR Status: |
Not Applicable |
|
Case Type: |
MISC - SUMMARY PROCESS |
||
|
List Type: |
.
|
||
|
Disposition Date: |
Jan 11 2008 |
|
|
|
Judge/Magistrate: |
Hon. A. DOS |
Trial List Claim: |
|
|
Disposition: |
JUDGMENT OF DISMISSAL |
||
* 'Last Action Date' is a data entry date, not actual date
|
Parties / Attorneys |
||||||
|
Party Name & Address |
Pty No. |
Pltf / Def |
Pro Se |
Non Appear |
No Fee Party |
|
|
WELLS |
01 |
P |
. |
. |
. |
|
|
Attorney: HUNT LEIBERT JACOBSON PC (Juris No. 101589) |
||||||
|
|
|
|
||||
|
VIVIAN LEHMAN |
50 |
D |
Y |
. |
. |
|
|
|
||||||
|
JOHN DOE I |
51 |
D |
. |
Y |
. |
|
|
JOHN DOE II |
52 |
D |
. |
Y |
. |
|
|
JANE DOE I |
53 |
D |
. |
Y |
. |
|
|
JANE DOE II |
54 |
D |
. |
Y |
. |
|
|
Motions / Pleadings / Objections |
|||||||
|
Entry No |
Entry Date |
Description |
Initiated By |
Argu able |
Result |
Result Date |
Ordered By |
|
101.00 |
Nov 08 2007 |
MOTION TO DISMISS |
D |
No |
Granted |
Jan 11 2008 |
Hon. ANGELO DOS |
|
102.00 |
Nov 08 2007 |
SUPPORTING MEMORANDUM |
D |
No |
|
|
|
|
103.00 |
Nov 09 2007 |
ANS AND SPECIAL DEFENSE |
D |
No |
|
|
|
|
104.00 |
Nov 15 2007 |
MOTION FOR CONTINUANCE |
P |
No |
Granted |
Nov 16 2007 |
Hon. ANGELO DOS |
|
105.00 |
Dec 11 2007 |
REQUEST TO REVISE |
D |
No |
|
|
|
|
106.00 |
Dec 17 2007 |
OBJECTION TO MOTION |
P |
No |
Denied |
Jan 11 2008 |
Hon. ANGELO DOS |
|
107.00 |
Dec 17 2007 |
SUPPORTING MEMORANDUM |
P |
No |
|
|
|
|
108.00 |
Dec 24 2007 |
COUNTERCLAIM |
D |
No |
|
|
|
|
109.00 |
Dec 24 2007 |
OBJECTION |
D |
No |
|
|
|
|
110.00 |
Jan 07 2007 |
BRIEF/CLAIMS OF LAW |
D |
No |
|
|
|
|
111.00 |
Jan 09 2008 |
MOTION TO STRIKE |
P |
No |
|
|
|
|
111.10 |
Jan 09 2008 |
SUPPORTING MEMORANDUM |
P |
No |
|
|
|
|
112.00 |
Jan 10 2008 |
MOTION FOR CONTINUANCE |
P |
No |
Denied |
Jan 11 2008 |
BY THE COURT |
|
113.00 |
Jan 11 2008 |
JUDGMENT OF DISMISSAL |
|
Yes |
|
Jan 11 2008 |
Hon. ANGELO DOS |
|
114.00 |
Jan 15 2008 |
BRIEF/CLAIMS OF LAW |
D |
No |
|
|
|
|
|
The other thing which happened at Friday's hearing is that as Judge Santos was reviewing my Dismissal Motion, he said he had "problems" with it. I don't know what that means. Maybe he wondered why I hadn't mentioned the hearsay-document before? The only other thing I have to say about it is that another reason why I waited to discuss it was that I decided it would be best to see my situation after the hearing.
Saturday January 26, 2008
On a lighter note, I have been watching over-and-over the DVD A Few Good Men. And asking myself what would I have done if I was one of the three attorneys.
The defendants, in my opinion, were not innocent people. While it is true that they worked in an environment where "You have to wear camouflage or you might get shot (Tom Cruise's character)," and while it is true that just-following-orders is not an excuse, I believe it is also true that the Platoon Leader did not ask unwilling people. If they reluctantly followed the Order, they would not have stuffed a rag down the victim's throat.
And Tom Cruise is doing his first trial. He will make his mistakes on that. And he is only given three weeks to prepare. In my opinion, even the most experienced lawyers need more time than that.
Tom Cruise makes one serious mistake at the beginning of the trial. He did not want to listen to the testimony nor cross-examine all of the Marines who witnessed the Platoon Leader's strict instructions that the about-to-be murder victim "was not to be touched." The instructions were issued just before they were all sent to their rooms, which was followed by the Leader's visit the about-to-be defendants to issue the Code Red Order. Tom Cruise didn't realize that any of those other Marines may have overheard the Order.
In my opinion, Tom Cruise should have also cross-examined each one on the concept of Code Reds. This was what he would do with one of his witnesses later in the trial. He should have filled the Courtroom with this issue. He would have exhausted the prosecutor. And the prosecutor was instructed with "sparing the Colonel and the Marine Corps with any embarrassment (Kevin Bacon)."
The charges against the defendants are Murder, Conspiracy to Commit Murder, and Conduct Unbecoming a United States Soldier. I did some research, the latter item does NOT include the statute concerning insubordination. My guess is that if the prosecutor had officially said the Order did NOT exist, then the defense attorney (Tom Cruise) could have accused the Colonel and the Platoon Leader of making this Order, without worrying about being held in Contempt of Court.
And whether or not this was a charge, Tom
Cruise could have confronted the Platoon Leader and Colonel with this
mysterious absence. Because, as Demi Moore explains at the
beginning of the movie, before the defendants and their issues were moved to
The blood shed of the victim,
Friday February 01, 2008
This big news is the bombing and possible killing of Libyan al-Qaida commander Abu Laith al-Libi.
In my opinion, he looks just like Most Wanted Terrorist Adam Yahiye Gadahn.
In my opinion, he looks just like Robert Trump, the brother of a man who doesn't like buildings taller than his.
I am still waiting for the FBI to confirm something. I hope it isn't dental records. While that would impress anyone of the Coventry Police Department with a master's degree in criminology, it would never impress me.
Saturday February 02, 2008
It is my understanding that tonight there will be a democratic presidential debate.
A few issues...
I do not want to hear Hilary Clinton
talk about jobs. In 1997, a married man with AIDS and a ten million
dollar debt was going to do me a favor and sign his name to my copyrights so he
could have one erection with me. To help me understand I must establish
financial dependence on him, Twentieth Century Fox worked with my then
employer, Grand Union Supermarket, to have me fired from my $7/hour job,
and then terrorize any potential employer. Bill Clinton took the official
position that the Constitution does not apply to issues of male
impotence. As Prince Diana was about to make a federal court appearance
on my behalf, she was murdered. The
But I do want to hear Barack Obama talk
about the issue of foreclosures in
Wednesday February 06, 2008
And some more...
|
February 06, 2008
Hon. A. DOS
Re; TTD-CV-07-4008210-S WELLS
Dear Judge Santos;
As the pressures of tax
season are occurring, I need a resolution to one aspect of this issue for the
reasons described herein. If you require extra time, I would be delighted
to ask of the Internal Revenue Service and State of
I did not draft an order because I do not have the necessary legal expertise to formulate the required choice-of-words. I would appreciate if you would take the initiative. Thank you in advance.
Respectfully submitted,
Vivian Lehman Defendant pro se
cc: Mr. Kenneth J. Pollock Attorney for Plaintiff Hunt Leibert & Jacobson, PC
Superior Court Housing Session of Tolland at
1. I,
Vivian Lehman, am the defendant pro se in the above-captioned
action. I am a resident of 2. As Exhibit 1, I am herewith attaching a copy of the 1099-A I received from Countrywide Home Loans advising of a possible tax liability I may have. 3. The
1099-A form of Countrywide Home Loans indicates in box “1” the “Date of
lender’s acquisition or knowledge of abandonment” as September 18,
2007. This is not reflected in the Land Records of the Town of 4. According to “5”, the “borrower was personally liable for repayment of the debt”. Countrywide has never made any such official statement to the Court. 5. As Exhibit 2, I am herewith attaching a copy of the Certificate of Foreclosure recorded in the Land Records of said town, Volume 1059, Pages 300-301. The name Countrywide is not included in its caption, but Wells Fargo Bank is. 6. As Exhibit 3, I am herewith attaching the Schedule A recorded with such Certificate in the same Volume on Page 302. 7. As Exhibit 4, I am herewith attaching a copy of the same Schedule A, but it is not copied from the Land Records but rather from the closing statement of May 23, 2005. It does not include said Volume and Page entries, or the stamp of Hunt, Leibert and Jacobson. 8. The
Certificate of Foreclosure indicates the Assignment of Mortgage is recorded
in Volume 1027, page 84 of this same Town. And according to this
document, the original mortgage assignee was Countrywide Home Loans, but
transferred to Wells 9. Countrywide Home Loans has never filed any action against me thereby validating that I have no indebtedness to them. But nonetheless, they sent me a tax form. 10.
Wells 11. Hunt, Leibert and Jacobson has never explained this Action thereby validating that I don’t owe any of their clients anything. But nonetheless, they took action against me. WHEREFORE,
Defendant respectfully requests of the Court to file with the Town of
________________________________ February 06, 2008 Vivian Lehman, Defendant pro se 860-742-6463
To: Kenneth J. Pollock, Attorney for Plaintiff Hunt Leibert & Jacobson, PC
CERTIFICATE OF SERVICE I, Vivian
Lehman, do hereby certify that a copy of the cover letter and Motion for
Order, all of the foregoing, was enclosed in a postage-paid envelope and
mailed via
________________________________ February 06, 2008 Vivian Lehman, Defendant pro se
|
Saturday February 09, 2008
Yesterday I had a long talk with my tax preparer about this. She said my tax returns will have to wait. And while I have a good excuse to ask for an extension, excuses are no longer required. We can file one form and receive an extra six months---October 15th deadline. She also said that my request of the Court to erase all mortgage issues is the only possible resolution. It doesn't matter whether or not I want the house. And it doesn't matter whether or not I want to pay the mortgage.
She said the 1099-A is followed by the 1099-B which is followed by the 1099-C.
The A states the amount of the mortgage
$278,900
and the fair market value of the house
$310,000.
The B states the amount sold at auction
$1.
The C states the amount of the discharged debt
$278,899.
My capital gains is
$278,899.
And I will be taxed accordingly.
But a loss would not be deductible.
Recently I have been reading articles about homeowners faced with foreclosures who set fire to their homes before leaving. The above is a textbook example of why vandalism would only worsen the problem.
I have learned much over the past
year. The State of
waste management
&
fraud control.
And then to apply such concepts to the budget and reallocate the monies accordingly.
But what I have also learned is that if the claimant has lost money because of a charitable contribution to a billionaire, and/or taking out a loan to finance an advertising campaign to promote a book which, according to contract, will be printed for the first time in the amount of 1,000 copies, then the State cannot help. These programs scrutinize every dollar earned and spent. And while we all make mistakes, some are beyond belief. Once the claimant has journeyed into the beyond, no help is available.
If you have fallen behind on payments,
you have to remember this is still the
And you have to remember that if the foreclosure is performed incorrectly by your opposing counsel, the adverse consequences may eventually find their way back to you.
Frank Kibler told me the story about how he was handling a bankruptcy for a female client. A decade-old mortgage came back to haunt her. He invoked a concept called the Doctrine of Latches and achieved discharge of the debt.
But very few attorneys are as competent as he.
So instead of leaving, find your way to your state's judicial website and study what is instructed on foreclosures and evictions.
Perhaps Judge Santos, with all good intentions, believes we should try to settle.
A few hours after I
received the 1099-A, I telephoned Mr. Ken Pollock, my opposing counsel. I
was very nice and asked for the 1099 I need from Wells
Should I make the gesture and telephone him again? But at some point, it can be interpreted as harassment.
Should I formulate a written proposal for an agreement and serve-and-file it? If they sign it, it would be an unofficial admission that they engaged in the criminal act of filing phony paperwork with the Land Records Division of the Town. This could lead to an investigation by the Attorney General's office. Mr. Pollock could make the claim that the agreement is not an admission of guilt. But he would have to consider the fact that I am not an attorney. I am one of the pro se people they like to laugh at. Why would an innocent person sign any such thing?
Should I wait for their phone call? I have until October 14th.
Inasmuch as the claim against me has been dismissed, they still have the title of plaintiff. It is still their Action. Primary responsibilities are still in their domain.
It is my opinion that the ball is in their hands. If they drop it, law enforcement will probably grab it.
Sunday February 10, 2008
One other thing happened...
On
January 25, 2008
a letter was prepared by the audit division
of the New York State Department of Taxation and Finance explaining that they
never received my Schedule D from my 2005 tax returns, filed in 2006.
This, of course, was the capital gains from the sale of my
On
January 17, 2008
Countrywide prepared the 1099-A, but didn't mail it until February.
They must have noticed an -A without a -B or a -C, and asked the IRS to find out what was wrong with me. They found one thing with no relevance to their problem.
*****************
And one more of one more thing...
The last brief I filed is still not listed in the Case Detail. There are only two possibilities. The Court clerks need more than three days to enter it...unusual. Or the IRS froze the case.
Tuesday February 12, 2008
I received the letter from the New York State Department of Taxation and Finance, Audit Division. It was mailed on Friday the 8th. I do not believe there was anything more than the usual procedural delay.
My Motion for Order still has not appeared in the Case Detail. The legal action must be frozen by the IRS. Crossmark relayed the message that I must STOP. I understand that. But it must also be understood that when I file a defective tax return in October, I can't be blamed for anything.
Thursday February 14, 2008
I am willing to be patient, if the IRS is willing to not blame me for filing a defective return in October.
Friday February 15, 2008
I saw my tax preparer today. We put everything in the computer and then hit the hold button. But she reminded me that the excise tax on my car lease is property tax and is deductible. I forgot. I have a total of Federal and State refunds in the amount of approximately $600 awaiting me.
As to the $600 rebate due to all of us unmarried people in May, I have to wait to collect that until my return is filed. If I do not have all the 1099s in October, I will file whatever we have.
January 18, 2008
$170 billion economic stimulus bill, featuring tax rebate checks
And one more thing...
Would the feminists like to remind Bush that women are making 70¢ for every dollar men earn, and that the rebates should be adjusted accordingly?
Wednesday February 20, 2008
I have received the subliminal information that if I do not help the Pooh Administration, I will be driven into homelessness.
|
HOLY THURSDAY MARCH 20, 2008 NATIONAL WHISTLEBLOWERS' DAY All whistle-blowings are welcome. But in this election year, I would like to take the initiative to please the Republican Conservatives. So we will focus on the unborn. ENVIRONMENTAL ISSUES WHICH CAUSE MISCARRIAGES. Examples... Qusai Hussein, Mrs. Anthrax & pollution by corporate giants And while the Democrats may not be the incumbents who have the power to threaten me, you never know what will happen in November. We may return to an era in which the Constitution is non-applicable to issues of male impotence. FISCAL WASTE MANAGEMENT & FRAUD CONTROL I have to focus on money because it is inevitable that women will be fired from their jobs, and their potential employers will be terrorized. At least they will have a reduced tax burden.
|
Saturday February 23, 2008
Of course, we have more important issues to discuss than Whitney Whalen, my neighbor who insists that in 1988 our dog bit her when she was six-years-old. And we don't want to discuss the mother, who pretended to make a police report, and thought her pretences were valid. And we have other things to think about than the father, an accountant, whose services I could not solicit when I was the executrix of my mother's estate.
They are now getting ready to admit to the bigger problem. I already know what it is.
I was in high school when Whitney was born. As the years passed, I watched her wait at the school bus stop without any books in her arms. All she did was stand with her hands clasped together upon her waist, her head down, and a frown upon her face expressing, poor-me-can't-do-anything-because-poor-me-was-bitten-by-a-dog.
Of course, this individual is illiterate.
The parents asked for school programs to help. But as our tax bill was ascending out of control, they were told there was no money. Other neighbors, Rich and Sue Hallinan, decided to assemble a watchdog group. Remember Sue? She is the Citibank banker who believes there is a market for books with half-sentences, so therefore she gave my former publisher the information on my paycheck.
Inasmuch as I agreed with the concept of a watchdog group, I knew what it was really all about. I waited a few years to join. The door-to-door bus service for the Jewish neighbor was as much as I could withstand. The extra buses were purchased with tax dollars even though it is inappropriate to buy equipment for a sub-contractor. I was in college when she and her two younger siblings were born. They were absent every Jewish Holiday. And when she turned sixteen, she became pregnant and dropped-out.
Whitney's mother can read-and-write. I know this because during the summer of 1985, at a time when our dog was missing for three days and the neighbors and my mother and I were looking everywhere for her, I visited their home. As I stood outside complaining to Joe, Margie called me over by name. She had a list of all animal welfare agencies in the county. She assembled this when their dog was missing a few years earlier. She said we could borrow it for a few weeks, but she wanted it back. It was handwritten by her.
For a reason I don't understand, Whitney graduated the Middle School at the proper age. In other words, she was never held-back. But as the high school graduation date was approaching, her father made a successful election bid for the school board.
But to my knowledge, she never graduated.
That was Fluffy's fault.
***********
On a better subject...
|
Juris No. |
Juris Type |
Name |
Firm/Business Name and Address |
|
101589 |
F |
HUNT
LEIBERT JACOBSON PC |
|
I was researching in the Judicial Branches website. I routinely like to review a list of all the cases made by my opposing law firm. There are usually 130 on the calendar for the next four month period. I kept receiving error messages. I finally researched the status of the juris number and learned it is an 'F' rather than the former 'A'. 'A' is active. 'F' is "permitted to appear pro hac vice". If I understand Black's Law Dictionary correctly, this term means for "one particular occasion". It is typically applied to out-of-state attorneys.
I am not an attorney, and cannot give legal advise. But I can say what I would do if I was a defendant with an upcoming court date. I would make my appearance and attempt to acquire a default judgment thereby dismissing the action. Even if the mortgage is valid, the money has to be collected correctly, or it cannot be collected at all.
As I have previously explained, two law
firms perform most of the foreclosures in the State of
|
Juris No. |
Juris Type |
Name |
Firm/Business Name and Address |
|
102892 |
F |
REINER
REINER & BENDETT PC |
|
Friday February 29, 2008
The only interesting news is that I spoke to my opposing counsel on Wednesday of this week. I told him to stop the intimidation campaign. He attempted to deny his involvement. I borrowed a line from John Grisham's movie, Runaway Jury, and answered, "Oh, wouldn't you be disappointed if I didn't think you are participating in a conspiracy against me?" It worked. He didn't say anything more. Instead, he gave me a chance to explain that I am an anthropologist who studies attorneys. He is a research specimen. And, I explained, I am going to win and he will accept that.
I made the phone call as tensions were exploding. I can't say why. I did speak to a colleague of my tax advisor. While he can't read minds or view the files of Countrywide, he could speculate that the 1099-B was due on January 31st. They probably received a one month extension. This, of course, produces a deadline of today.
And no one knows what will happen next.
Sunday March 02, 2008
Recently I began watching the news again for two reasons.
I can't watch another DVD. I used to love the movies. Not anymore.
Cats have to baby-sit donkeys and elephants (i.e., collection agents and Poohs). It is an unpleasant job, but someone has to do it.
In my remote area of
This morning on ABC I saw something
which must be acted upon immediately.
The report was very well presented. It showed the Chinese counterpart to the Pentagon as well as an image of its leaders conversing face-to-face with our military leadership stationed in that region.
A related issue is the $3/gallon gasoline. For a long time, I didn't know what to do. As it is rapidly escalating to $4, I finally understand where the money is going. They must be developing a very impressive nuclear arsenal.
Responding to this cannot wait. So I have a very special request to make of all grammar school teachers. Please give your students a 48-hour grace period on all homework and exams. I need them now.
Although I am an anthropologist, I know embarrassingly little about Chinese culture. What I do know is that respect for the ancestors plays a much more dominant role in Oriental culture than in ours. And I know their religious beliefs and practices are different from ours, but I am certain in many aspects, the same. It is also my understanding that the practice of horticulture may have originated there. That is what they were saying when I was in college 20-years-ago.
1. Please review the ABC report. Find it however you can. Hopefully, it is on their website.
2. Research Chinese culture. Find something substantive to say about it.
3. Write a VERY NICE letter to any official of that Chinese "Pentagon" explaining that you are looking forward to a new and better world.
4. Copy-correspond this letter to President Bush's Labor Secretary.
5. Write a VERY NICE letter to
6. Copy-correspond this letter to President Bush's Education Secretary.
7. If you can find the financial tunnel through which the $3/gallon money is traveling, I don't know to whom you are going to blow-the-whistle, but you are going to have find somebody.
8. Tell the Presidential candidates to return to their jobs in the Senate and focus on distribution of the alternative fuel of Ethanol. Their paid leave-of-absences to find another job is officially terminated. The party is over! BACK TO WORK!
9. Don't forget the Panda bears and the bamboo they eat.
Vocabulary
Ecology
Ethnography
Fecundity
Genocide
Indigenous
Nuclear Waste
Pacifism
Radioactivity
Ursine
Geography
Where did the "Long March" occur?
Anthropology
What was the Chen Dynasty?
Where are the sites of extant and extinct primates?
Questions
Was there ever a
Statue of
Are there any herpetological, ichthyological or ornithological issues involved (e.g., endangered species)?
Tuesday March 04, 2008
GOOD JOB!!!!
www.un.org
"Security Council authorizes more
sanctions against
3 March 2008 – The Security Council
today imposed additional sanctions against
Fourteen Council members voted in favour of the resolution, which voiced
concern at “the proliferation risks presented by the Iranian nuclear
programme,” while
Under the resolution, the International
Atomic Energy Agency (IAEA) Director General Mohamed ElBaradei
has been asked to report within 90 days on whether
The Council’s five permanent members – China, France, Russia, the United Kingdom and the United States – and Germany (currently not a Council member) also said they were willing to develop “all-round relations and wider cooperation with Iran,” starting with direct talks and negotiations, if it was willing to suspend all enrichment-related and reprocessing activities.
Member States are called on to inspect cargo entering or leaving Iran reasonably suspected of transporting goods prohibited as part of any one of the three Council resolutions on this issue, and then to report to the Council on the details of those inspections.
In addition, the resolution bans the trade and supply of “dual-use” items, materials and technologies that can be adapted for military as well as civilian purposes.
Travel bans have been imposed on an extra five Iranian officials and 12 Iranian companies face having their assets frozen, while all States are asked to step up their monitoring of financial institutions in their territories that have dealings with banks based in Iran, particularly Bank Melli and Bank Saderat.
If
...."
Can I please have an automatic "A" entered into their averages?
Can I please have another 24-hour-grace?
Can I please have proper enforcement within the specified time period?
Geography
Linguistics
What language is spoken in this country?
Anthropology
What is
Economics
What is the merchandise supplied?
What is the unsatisfied demand?
Physics
What is enriched Uranium?
My Question
How did you know
this involved
Friday March 07, 2008
Looks good!
|
Energy |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Name |
Last |
Change |
High |
Low |
Settle |
Last Change |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Light Sweet Crude Oil APR-2008 |
104.50 |
-0.97 |
106 |
104.15 |
105.47 |
03/07 11:00am |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Heating Oil APR-2008 |
2.96 |
-0.01 |
2.96 |
2.95 |
2.97 |
03/07 10:29am |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Henry Hub Natural Gas APR-2008 |
9.79 |
+0.05 |
10 |
9.71 |
9.74 |
03/07 09:59am |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
APR-2008 |
2.67 |
+0.02 |
2.69 |
2.66 |
2.65 |
03/07 10:53am |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
From msn money
More Questions
Can anyone explain why the influence appears to be on the oil, not gas?
What are the chemical differences between the two?
How are these linked to the geographical issues?
A few notes...
They are trying to tamper with my computer. If my transmissions stop, that is why. My guess is that the final IRS deadline is Sunday. It should be a temperamental day.
The Special-Agent/Midnight-Stranger is on their side, of course. He is threatening me with permanent impotence if I do not vacate. The only thing I can't figure out is what he will change.
At the same time, he is insisting on a place within the house to call his own.
The contradiction is because these are two different areas of the brain which do not work together. That is the definition of immaturity.
Sunday March 09, 2008
This is exactly what has been going on between me and the midnight-stranger/FBI-Special-Agent.
He doesn't need a key.
Like the mafia-hit-man, he can cleanly work through both the bolt and chain.
Like the mafia-hit-man, he only does this in the middle of the night, after the satellites inform him that I had my bath.
Like the mafia-hit-man, he handles me, and I only have a subconscious response, such as with passionate kissing. In the morning I have some awareness that something happened.
The Agent began with a hug. Then
things went from there. But I already learned my lesson to not
allow the kissing to go on too long or I will pass-out. This happened
once with the mafia-hit-man who tried to revive me by raising me into an
upright position and wrapping both his arms around me to keep my head and two
hands against his chest. I tried to wake-up, and thought to myself,
"This seems so real," but could do no more and returned to my
unconscious condition. The next day he returned to vandalize the
bathroom--$500 in damage. When I moved from
By the time the Agent was in my bed, my subconscious could take the initiative of doing the reverse thrusting I learned about in the book, Everything You Ever Wanted to Know about Sex.... At first it confused him. Then he experimented with various positions, and decided he liked it.
One night I felt him behind me, and snuggled back. He walked around the bed and passionate kissing occurred. Although I did not awaken, I felt the oxygen-deprivation. I tried to turn my head, but he wouldn't let me get away. I manually pushed back his cheek, and rolled-over.
He eventually noticed I was never waking-up. He probably doesn't already know that I didn't move when the mafia-hit-man chewed lovingly on my foot. My guess is there is swelling around certain nerves, and transmission into the brain is not immediately occurring. If I am wrong, it could be nerve damage. I will worry about that another time. But nonetheless, I am behaving almost exactly as I did when I was in the hospital bed in January of 2002, overloaded with Marinol for which there was no prescription. And someone has yet to explain who converted it from pill into inject-able form. Don't try to tell me the pharmacy had stock of such immediately available.
But then the Pooh informed the Agent of the agenda to force me to prove white supremacy. That night he applied grotesque affection. This was probably one year ago.
Recently the agenda expanded to helping the law firm accomplish an illegal eviction. I think law enforcement agents should do better than that. I believe he should resign.
The Agent's agenda now includes helping me understand he needs a place for his clothes, while I should vacate.
Is the word immaturity or stupidity?
Monday March 10, 2008
We tried to be nice.
|
Energy (copied-and-pasted from MSN Money) |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Name |
Last |
Change |
High |
Low |
Settle |
Last Change |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Light Sweet Crude Oil APR-2008 |
107.90 |
+2.75 |
108 |
104.15 |
107.9 |
03/10 11:30am |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Heating Oil APR-2008 |
2.97 |
+0.03 |
2.98 |
2.95 |
2.97 |
03/10 11:29am |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Henry Hub Natural Gas APR-2008 |
10.02 |
+0.26 |
10.04 |
9.64 |
10.02 |
03/10 11:08am |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
APR-2008 |
2.71 |
+0.02 |
2.7 |
2.64 |
2.71 |
03/10 09:03am |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
But at least they know that we know what is financing their military development.
The only other thing I can think of is
to target an intelligent call, letter or e-mail to the CHINESE Embassy or Consulate General explaining that they have until March 20th to stop the military build-up, or
we will have to begin a consumer boycott
against all goods made in
On March
20th, the
Thursday March 13, 2008
Gas and oil prices rose again. I give up. The issue will have to wait until after the cats arrive. And when that all important phone rings, I will play with the wires, of course.
Otherwise, yesterday I performed my morning routine of visiting the Connecticut Judicial Branch's website and checking on both law suits: the initial foreclosure action and the eviction. I learned that for the former, the court clerk signed an ejection order which I can expect to be served with shortly. My opposing counsel will select a date by which I am either to leave or be forced out with all of my possession. Unlike with evictions, there are no guidelines as to timing. But I believe the primary calendar issue is an IRS deadline, which is probably tomorrow.
I drove to the Courthouse and obtained a copy of it. I also spoke to the clerk who signed it the day before. She explained that there were no procedural violations by the law firm.
Later I had a long talk with my attorney Frank Kibler. He suggested I file an Ex Parte Motion to Vacate Ejection. Ex Parte means I am a party who was left out of the dialogue and wants an opportunity to say something. And once again, he turned me loose in the courts. By the end of the day, I served-and-filed such a one page motion, as well as a one page counterclaim demanding $10,000,000. In each I made the same single argument: I never had a mortgage or any other financial interest with Wells Fargo and they assured me they never authorized this Action. Today I spoke to the Courthouse and learned the Judge is reviewing it, although she did not know which Judge. The earlier case was handled by someone other than Judge Santos. But nonetheless, there are now two counterclaims pending in two different Actions.
Otherwise, today I communicated with the Grievance Committee of the Bar Association. The 'F' in the second column of the profile means it is an active Firm. Individuals are characterized as 'A' for active. I am not trying to make excuses for my mistake, but that is not the way the website explains it. But my apologies to anyone I misled.
|
Juris No. |
Juris Type |
Name |
Firm/Business Name and Address |
|
101589 |
F |
HUNT
LEIBERT JACOBSON PC |
|
|
Juris No. |
Juris Type |
Name |
Firm/Business Name and Address |
|
102892 |
F |
REINER
REINER & BENDETT PC |
|
Friday March 14, 2008
I did more research in Black's Law Dictionary and learned that ex parte means I am requesting that my argument be heard in the absence of my opposing counsel.
And today the Courthouse patiently tolerated my lack of patience as I waited for word from the Judge. I just received the news that no judgment was rendered, but it is on the short calendar for March 24th.
Here is where it gets interesting.
For our last two court dates, the law firm motioned for continuances explaining they had no attorney available to make an appearance. I checked the future calendar. The list of cases for our next date is not yet available. But for the 17th, they have 21 cases. So it is very unlikely that mine will be the only case one week later.
Will they motion for continuances for all?
Will they make an appearance for Wells
Will the IRS be there?
Saturday March 15, 2008
This morning everything appeared in the Case Detail. Judge Samuel Sferrazza, sympathetic to my anxiety, included the cover letter. What is considered arguable is the Motion to Vacate. So my opposing counsel has another opportunity to explain the Who, What, Where, When, How Much, and Why.
Sunday March 16, 2008
|
Thursday March 20th Holy Thursday National Whistleblower's Day I would like to remind all attorneys, real and fake, that the Whistleblower need NOT be correct only reasonable, and that a request for an investigation is NOT an accusation. And I would like to remind everyone else if you know anyone who is about to take such initiative, to please telephone them and offer emotional support for this most difficult moment. |
Wednesday March 19, 2008
6¢ away from goal for tomorrow!*
|
Energy |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Name |
Last |
Change |
High |
Low |
Settle |
Last Change |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Light Sweet Crude Oil MAY-2008 |
102.54 |
-5.96 |
106.4 |
102.26 |
102.54 |
03/19 10:56am |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Heating Oil MAY-2008 |
2.96 |
-0.10 |
2.99 |
2.95 |
3.06 |
03/19 10:16am |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||||||||||||||