2:2010-cv-00089 motion to stay illegal execution ceh

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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____________________________________________________________________________/

MOTION TO STAY PRIMA FACIE ILLEGAL EXECUTION AS A MATTER OF LAW

PUBLISHED NOTICE OF ILLEGALEXECUTIONUNDER FLORIDA LAW

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

00228.

NO $5,048.60 JUDGMENTWAS EVERRECORDED

2. 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.

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.


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DEFENDANT CLERKS FALSIFICATIONS OF OFFICIAL RECORDS

3. 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.

4. 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

5. 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

6. 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

7. 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


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8. 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

9. 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

10. 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

11. 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.

12. 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).


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13. 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

14. 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

15. 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

16. 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.

PRIMA FACIE FRAUD ON THE COURT AND EXTORTION

17. 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).


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18. 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.

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

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

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

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

4. 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;

5. 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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