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Vincent James
Germano
23056 Volga Dr.
Texas 77365
Affiant:
State of Texas
County of Harris
Before me the
undersigned authority, on this day personally appeared Vincent
James Germano, husband of Sophie Theresa Germano who pasted away
July 18, 2011, known to me as a credible person, competent in
all respects to make this affidavit, and, who, being by me,
sworn upon oath, states under penalty of perjury as follows:
Having compiled the
Affidavit of the detailed facts in which our legal counselors
acted with First Bethany Bank & Trust’s predecessor, Oklahoma,
in moving the court for a series of summary judgments, and
judicial foreclosure and bankruptcy crimes to take our motel at
Sherriff Sale; bank extended its political corruption to summary
dismiss and strike our legal actions in the courts in Oklahoma
and Houston, Texas, and have TEN grievances denied by the
Oklahoma state bar, and highest levels of the legal and other
government systems.
President Abraham
Lincoln, in his first state of the union address to Congress,
stated: “It is as much the duty of government to render prompt
justice against itself in favor of citizens, as it is to
administer the same as to private individuals. Investigation and
adjudication of claims belong to judicial department.” “We are
concerned here with claimants who seek other than a legal
remedy. In the later situation, Congress is the last resort in
which individuals can turn for redress.”
Residence of
Kingwood, TX, during the transition from the second to the
eighth Congressional District of Texas, both Congressman Ted
Poe, and Kevin Brady, lawyers and ex judge, with knowledge of
case history, and the findings and testimony by the honorable
attorneys Rafael Paz and J. Christian Adams, below, denied
Sophie and my TWO Petitions for Congressional last resort for
redress.
Sophie and I were
overjoyed upon receiving an email dated December 26, 2002, from
Humphrey Perez, 318. 55th. St. Brooklyn, New York, who, on
reviewing our website stated, COPPIED VERBATIM: “I have been,
over the past 20 years, a very successful trial consultant. In
that time “my attorneys” have lost JUST ONE case at trial.”
“During the time I have sued ALL of the judges sitting on the
bench of Luzene County, Pennsylvania; STOPPED the appointment of
the presiding judge of Luzene County to a federal district judge
appointment, and had my life threatened several times.”
December 17,2009,
Sophie and I, received $2000.00 in settlement while passengers
in our daughter’s auto accident, Perez, asked THAT WE RETURN THE
CHECK issued in our name, and have the bank reissue a check IN
HIS NAME, and based on his contingency fee agreement and
assurance that he would draft our petition for Congressional
Reference resolution. And. based upon the Court Records (we had
mailed to him) move for summary judgment to the court of federal
claims to order the government to compensate us for our
injuries, we mailed the check to his Brooklyn, New York office.
Following Perez’s
numerous emails and phone messages concerning our petition and
fake bouts of diabetes and a series of deceitful emails (also in
our care) including that he had culled our petition down from 80
to 30 pages “stating no one will read it,” and promised to send
us a draft of our petition which we never received.
His deception
exposed, Humphrey Perez and his lawyers, including Theron, his
lawyer son, abandoned our petition in the pattern in which the
lawyers of nine Oklahoma law firms abandoned and continued
covering up the bank and coconspirator’s treachery, recently
surfaced material evidence, and kept our money and the 150 KEY
court records. ONE OF PEREZ’S numerous emails offered in support
hereof: Humphrey11220@aol.com to me 3/26/10, Vince, whatever
happened to lawyer Craig Tweedy has nothing to do with your
case. And that's it. I have a paid service that provides case
law. This was all done last year we are now putting the final
petition together we are not doing research. Be well. THUS,
Humphrey (David) Perez, the recent actor in First Bethany Bank &
Trust’s (Oklahoma) predatory lending conspiracy.
Sophie and I, filed a
complaint with the U.S. Attorney, Houston, TX, who informed us
by U.S. Mail, it was sent to the “civil rights division of the
USDJ, Washington D.C..” whose officials denied us the courtesy
of a response.
TO OUR SURPRISE, we
received a large manila envelope from the USDJ, in the U.S.
Mail, by one of its “civil rights division” attorneys, Rafael
Paz, who viewed our case on point with the “political corruption
of Inslaw” and mailed nine pages of the case to our home, titled
“Federal Corruption, Inslaw,” with an office memo titled “U.S.
Department of Justice, Office of Legislative Affairs,” on which
the honorable Mr. Paz wrote “hope this helps your constituent.”
The expert analysis of our case was also covered up and
suppressed by our legal counselors, Perez, and his lawyer son.
Google Inslaw for the full Inslaw case.
Following Perez’s
abandonment of our petition, Sophie and I, filed a THIRD
petition for congressional reference resolution, with
Congressman Kevin Brady, now, representative of the eight
Congressional District of Texas at the Conroe, Texas, TX, office
pursuant to Sec. 2509, in which none of the rules of the legal
system apply.
Congressman Brady,
however, ignored case history of endemic political corruption
that gave rise to our petition, and didn’t give Sophie and me
the courtesy of a response to acknowledge receipt of our third
such petition, and didn’t return our phone and email messages
inquiring into the status of our petition!
SOPHIE AND I WERE
AMAZED on viewing Kelley’s court, Fox News, June 29, 2010, in
which broadcast the honorable attorney, J. Christian Adams, who
quit his position with the USDJ and turned whistleblower, TOLD
THE NATION. QUOTE VERTAM: “the U.S. Department of Justice policy
was to refuse to investigate complaints by WHITES involving
BLACKS.” Google Attorney J. Christian Adam’s Web Sites.
THE DISCLOSURE OF THE
USDJ BIAS, PREJUDICE, AGAINST WHITE AMERICANS, revealed the
reason John Green (black Asst. U.S. Attorney, OK City) on
learning Chief bankruptcy judge Richard Bohanon presided over
our motel’s bankruptcy proceedings, QUIT WRITING OUR COMPLAINT
of judicial foreclosure and bankruptcy crimes, emotionally
exclaiming “I can’t embarrass Luther Bohanon, HE INTEGRATED THE
SCHOOLS IN OKLAHOMA...” (Luther Bohanon the father of Richard
Bohanon, are both deceased).
Though sympathetic
with John Green’s appreciation of Luther Bohanon ruling, I was
shocked once again by the USDJ agency official’s refusal of
sworn office duties to complete writing our criminal complaint,
which subjected Sophie and me, to the continued political
corruption of summary dismissals and striking of our every
effort to adjudicate our claims by the succession of lawyers of
(nine) Oklahoma law firms and corrupted bankruptcy trustees
throughout the following years.
Unbeknownst to Sophie
and me, the USDJ policy of refusing to investigate our numerous
complaints “because of our color,” fueled the RACE RELATED bias,
prejudice, endemic political corruption; our legal council’s
part in judge Richard Bohanon granting bank’s fraudulent
motion/brief for DEFAULT judgments against Sophie and me, to
defeat our Appeal and CH-II filing TO FINALIZE BANK’S criminally
fraudulent foreclosure, as detailed my Affidavit updated with
the recently surfaced actor and material evidence.
JOHN GREEN’s refusal
to prosecute Chief Judge Bohanon allowed First Bethaqny Bank to
get away with BLOCKING PAY-OFF of its mortgage to perfect its
predatory lending, and propel Sophie and me, into a never ending
search for ethical legal counsel. POLITICS PREVAILED OVER
JUSTICE in the politically corrupted state and federal courts in
Oklahoma (the very reason 458, FRCP, prohibited (Richard and
Luther Bohanon) two members of the same family, from judgeships
in the same federal district.
The Deputy Director
of the Office of U.S. Trustees, Washington, D.C., by letter,
U.S. Mail (also in our care) requested the Kansas City Trustee
to inquire into our complaint of (OK City) bankruptcy crimes.
Though she (trustee) ignored our complaint of Chief judge
Bohanon bankruptcy crimes,” he was demoted from Chief Judge,”
but remained judge in that bankruptcy court.
Innocent of any
wrong, the violations of constitutionally protected civil rights
conducted in the courts under color of law, and color of justice
(acknowledged by the honorable attorneys of the USDJ “civil
rights division,” above, traumatized our family; Sophie and our
son Wayne, suffered open heart surgery, and Affiant endured two
Angioplasty operations at the V.A. Hospital, Houston, Texas.
First Bethany Bank & Trust’s (NA)
predecessor, First National Bank of Bethany, Oklahoma, predatory
lending perpetrated in the judicial, legal other state and
federal governments systems
As Sophie and Affiant
had done many times during our successful business career prior
to moving our residence in Texas, we obtained an appraisal by an
Oklahoma appraisal company for a parcel of raw land at
Interstate 40, and Council Rd. (next to McDonalds) Oklahoma
City, OK, to develop into a motel.
June 25, 1981-Sophie
and Affiant paid $112,762.00 by Cashiers Check (Guarantee Bank
No. 47956). The seller conveyed clear title to one acre of land,
and took back a mortgage on the remaining parcel. Together with
an additional investment of $263,000.00 of our own money and
Guaranty Bank’s construction loan, we contracted construction of
the first of a planned two section motel consisting of
fifty-four rooms-complete with a rental office, manager’s
apartment, laundry and central phone & hot water systems, to
service 43 additional rooms.
Named American Inn,
and opened for business December 16, 1981, the motel achieved an
excellent occupancy. Our first predatory lending experience
surfaced when (SisCorp) refused to honor its agreement to
payoff Guaranty Bank’s construction mortgage and kept the
$30,000.00 fee paid on its agreement.
Guaranty Bank
accommodated us far beyond its one-year loan agreement, called
for payment of its note/mortgage and stated in its letter its
agreement to fund the construction loan for the additional
rooms.
March 29, 1983 - for
a consideration of $9000.00, First National Bank of Bethany, OK,
paid-off Guaranty Bank pursuant to its letter approving our loan
application, stating, in part: “the Customer has been in the
single family and multi family construction business for years
and has a lot of experience in management. We have talked with
several bankers and they all rate him #1 in credit, cooperation
and ability.” (See bank letters)
Pursuant to an
agreement with First National Bank of Bethany’s president Peter
G. Pierce senior, Sophie and I (Affiants) obtained a commitment
by Tinker Investment & Mortgage Corporation to pay-off the
mortgage held by First National Bank of Bethany, Oklahoma, and
to construct the additional rooms to complete development of the
motel.
Demonstrating good
faith, Vincent Germano, went to Pierce seniors office on the
bank’s second floor, and informed him of the payment handed the
clerk on the first floor, and that TimCorp had approved our
mortgage application, and would issue its written commitment in
January (following month) to pay-off the bank’s mortgage. Pierce
senior stated “you need not make any more interest payments and
to bring the commitment to him when issued.”
January 4, 1985–Bank,
however, without notice and with knowledge the foreclosure suit
would ruin Affiants excellent credit and cause cancellation of
the TimCorp agreement to pay off its mortgage and cause its
mortgage to go unpaid, First National Bank of Bethany, filed its
lawsuit in foreclosure, case No. CJ-85-0095. The suit was based
on Affidavits by bank officers Levon Stevens and Nelson Pickrell,
alleging in part: “I have examined the Exhibits and the Petition
thereto, and compared them to bank records, and the same are
identical.” Neither Pickrell nor Stevens were involved in our
negotiations with Pierce senior.
First National Bank
of Bethany was represented by Peter G. Pierce III, lawyer and
son of now deceased, Peter G. Pierce (senior) president,
chairman of its board of directors, and majority stockholder.
Lawyer Peter G. Pierce III, is a major stockholder, member of
the board of directors and Ex. V.P. of the expanded First
Bethany Bank & Trust N.A, including a main (Oklahoma City) Bank.
The Germano’s were/are residence of Kingwood, Texas.
In its Petition the
bank “alleges in part: default of its security agreements,”
“there is no substantial controversy as to any material fact,”
“American Inn has an equity of redemption,” “the foreclosure
suit is in accord with the June 11,1984 joint statement of the
Comptroller of the Currency and Board of Governors of the
Federal Reserve System.”
OUR FIRST LEGAL
COUNSEL, Alan M. Reaves, failed to oppose reassignment of Judge
James B. Blevins to the case, A ploy employed by the bank,
Reaves’ and his successors, lawyers of nine (9) law firms, in
the state and federal cases below, whose family members were
married and associated with high profile law firms and parties
involved in the cases.
February 14,
1985–Alan M. Reaves, filed a (One Page Answer) in which he
failed to demand a trial by jury, assert an affirmative defense,
move the court for a Temporary Restraining Order to cease
prosecution of banks foreclosure , and tender mortgage
satisfaction documents to the title company and close the
TimCorp commitment to pay-off banks mortgage.
Lawyer Reaves also
failed to state that the June 11, 1984 joint statement of the
Comptroller of the Currency and Board of Governors of the
Federal Reserve System (FILED WITH THE PETITION) clearly advises
member banks against foreclosure “in cases in which the note is
secured and in the process of collection as was fully documented
in the case before the court!.”
JANUARY 28, 1985 -
Tinker Investment & Mortgage Corporation, issued its written
commitment with a March 31,1985 closing deadline, which we hand
delivered to Pierce senior, who assured Vincent Germano he would
cease the foreclosure and cooperate in its closing to receive
pay-off of bank’s note in satisfaction of its mortgage.
However, neither
Pierce senior, nor his son Peter G. Pierce III, heeded our pleas
to cooperate in closing the Tinker mortgage to pay-off its
mortgage. And our own legal counselors acted with lawyers Peter
III, and Joel Carson’s refusal to tender the satisfaction
documents to the title company (from January 28 to June 3, 1985)
to cause cancellation of the Tinker mortgage commitment (for
which we paid $19,500.00). Tinker, a subsidiary of the Federal
Credit Union of employees of United States Tinker Air Force
Base, which the bank and lawyers knew could not be replaced in
the very tight mortgage market.
March 15, 1985–Lawyer
Peter G. Pierce III, filed his bank’s Motion and Brief For
Summary Judgment, Statement Of Undisputed Facts. Reaves, (with
16 days left of Tinker’s March 31 closing deadline) failed to
file our Answer and move the court to order the bank to tender
mortgage satisfaction documents to the title company and receive
pay-off of its mortgage.
FBI agents, who came
to our motel to investigate another of SissCorp’s victims,
expressed their regret for refusing to investigate our complaint
against SissCorp and stated they were not authorized to
investigate our complaint!
March 21, 1985-letter
response to Vincent Germano’s request by Ed Phelps, Tinker’s
mortgage officer extending its mortgage commitment to April 30,
1985, to permit financing alternatives.
April 4, 1985 – ON
OUR DEMAND lawyer Reaves obtained leave to file AI’S
Counterclaim (out-of-time) in banks foreclosure in which he
claimed, in part: “$1,000,000.00 actual damages, $2,000,000.00
in punitive damages “for Plaintiff’s fraudulent conduct, costs
of this action, reasonable attorneys fees and interest at the
rate of 15% per annum.”
THE VERY NEXT DAY:
April 5,1985-Lawyer Reaves asked Affiant and son Wayne Germano,
to wait in the courthouse hall, while he went into a courtroom.
Affiants later discovered lawyer Reaves having failed to Answer
the banks motion for summary judgment, “secretly” filed a
Journal Entry of Judgment, in which he stated, in part, as
follows:
“This matter comes on
in regular order on April 15, 1985 upon the Plaintiff’s motion
for Summary Judgment, pursuant to Rule 13, of the Rules for
District Courts of Oklahoma effective November 1, 1984. The
Plaintive makes its motion on the basis that there is no
substantial controversy as to any material fact in that based
upon Affidavits made upon personal knowledge of, LaVon Stevens
and Nelson PickrelL (bank officials) filed herein on March 15,
1985, AND THE ADMISSIONS IN THE PLEADING “The Plaintiff is
entitled to judgment against American Inn, Inc, for $891,113.01
with interest at the rate of twenty one 21% per annum from and
after January 4, 1985, for decree of foreclosure of its Mortgage
and Security agreement upon the following described real
property.”
The Journal Entry,
was signed by Judge Blevins and filed in court records (absent
consent of client and affidavit of attorney required by Oklahoma
Statute). Judge James B. Blevins violated court rules to take
reassignment, now to dismiss and strike, our legal action filed
to set aside fraudulently begotten judgments awarded through
such documented politically corrupted legal actions - sustained
in each of the bank’s following conspiracy of fraudulent legal
actions.
April 5, 1985 - DAILY
OKLAHOMAN article, “Order Blocks Motel Auction” paper officials
refused our request to publish a correction of the false,
misleading statements that covered up the truth outlined herein
that prejudiced Affiants in the legal system in the years that
followed. (The article included a statement by bank’s lawyer
Peter Pierce III, who as shown above and as follows, conspired
with our legal councilors in refusing to close the Tinker loan
to pay-off its mortgage, AND STATED “IF HE’S GOT THE MONEY WHY
DOSEN’T HE GO AHEAD AND PAY IT?”
April 5, 1985-Vincent
Germano and son Wayne complained of the banks and lawyer Reaves’
fraudulent legal actions to the U.S. Attorney Bill Price and
assistant E. D. Thompson who advised hiring Alan C. Durbin
stating “he had given her a hard time in defense of a client and
would defend your rights.” We went to the large law firm of
Andrews, Davis, Legg, Bixler, Milsten & Murrah. (The Federal
Building in Oklahoma City is named after deceased Judge Murrah).
Shortly thereafter Mr. Murrah left the Andrews, Davis law firm,
and opened a law firm with Mr. Price who left the federal office
of U.S. Attorney.
In his law office,
Alan C. Durbin assured us he didn’t have a conflict of interests
with the bank or parties involved in the case, and accepted our
case advising he would move the court to vacate the dismissal of
our counterclaim and foreclosure judgment (awarded by default
due to Reaves’ failure to file an ANSWER and seek a court order
for the bank to tender mortgage satisfaction documents to close
the Tinker loan to pay-off banks mortgage. Thompson’s office
card and Durbin’s Detail of Service record also in our care
reveal their phone contact regarding our complaint and advise to
hire lawyer Alan C. Durbin.
April 8, 1985 – Banks
Answer to AI’S Counterclaim is further material evidence of the
start of the bank’s and our legal counselors’ conspiracy of
corrupted legal actions against Affiants, fraud upon the court,
and the people whose tax burden pays the cost of
government:
April 8, 1985 –Lawyer
Durbin letter to Tinker’s Ed Phelps, one of numerous letters (a
treasure trove) of bank’s lawyer Peter G. Pierce III, Reaves and
Alan Durbin’s conspiracy in refusing to tender satisfaction
documents to the title company (from January 28, to June 3,
1985) and close the Tinker loan to pay-off of the banks
mortgage, as customary in real property refinance.
April 8, 1985 – Bank
lawyer Pierce III, having acted with Reaves and Durbin in
refusing to close the Tinker loan since issued January 28,
compounded bank’s fraud, fraud upon the court, Pierce III, filed
Bank’s Motion For Summary Judgment on its foreclosure, stating
in part: “the Commitment was issued January 28, 1985 and expired
March 31, 1985!”
April 8, 1985-Durbin
letter to Tinker mortgage officer, Ed Phelps.
April 9, 1985- Three
days after Durbin undertook our case, Affiant and our son Wayne
went to Alan Reaves’ law office, picked up and signed a receipt
for case files at which time Reaves handed us his Motion To
Withdraw from our case (omitting the date) and asked us to give
it to Durbin with case files.
Affiants later
discovered the missing date was done to accommodate both Reaves
and Durbin to alter dates on their Motion to Withdraw and Entry
of Appearance in our case as follows:
Reaves, dismissed
April 5, 1985, gave his receipt for case files April 9; Alan
Durbin undertook our case April 5 in his law office, and dated
his employment letter April 8, 1985. Acting together, they
POST-DATED Durbin’s Entry of Appearance in our case to April 30,
1985, and Reaves’ Motion To Withdraw as Attorney Of Record, from
April 5, to May 6, put a line through April, and Post-Dated the
Motion’s Certificate of Mailing to May 3, 1985. This was to
again deceive the court to appear that Durbin who undertook our
case April 5 above, had not appeared in our cause until May 6,
(after expiration of time to appeal the foreclosure judgment -
awarded following Reaves failure to Answer and Durbins failure
to move the court during the time for appealing such fraudulent
begotten judgments.)
(Judge Blevins, had
signed lawyer Reaves’ secretly filed Journal Entry Judgment
dismissing our counterclaim and grant bank’s March 15, 1985,
motion for summary judgment on its foreclosure.
Durbin, recommended
by the U.S. Attorney (Bill Price) also refused to correct his
employment letter of April 8, 1985, in which he stated, in part:
he was hired in the “proposed lending transaction with Tinker
Investment & Mortgage Corporation for the end loan financing of
a motel project (TO BE) located in Oklahoma City, OK; “in the
event the subject loan does not close for reasons other than any
omission by this firm, our fees and expenses will be due on
billing and we will expect payment from the client.”
Lawyer Durbin, was
initially informed AI’S first section was completed, and doing
business since December 16.1981, and that Reaves, (Durbin) and
the bank had knowledge that the Tinker commitment was obtained
for $19,500.00 and was in full force and effect since January
28, 1985 while they conspired in refusing to close the
commitment and pay-off bank’s mortgage (from January 28. to June
3, 1985)…
April 16, 1985 -
Durbin letter to Tinker’s Ed Phelps is another unauthorized
negotiation evincing his conspiracy against Affiants.
April 21, 1985 - On
our request by letter, Tinker extended its commitment to April
30, 1985, to permit sufficient time to select financing
alternatives.
April 23, 1985 –
Lawyer Durbin letter to Tinker’s Ed Phelps inquiring if we, (his
clients) had paid the $19, 500.00) commitment fee!!
April 23, 1985 - Ed
Phelps (Tinker mortgage officer) letter addressed to Alan
Durbin, in part; We offered to extend the commitment based on
our discussion with Vincent Germano relative to selling the
property to a qualified buyer or bringing into the project an
additional guarantor, in addition to return our fee if he was
unable to restructure his project.
April 30, 1985 –
Durbin’s letter to bank Pierce iII, having acted with Pierce in
refusing to close the Tinker commitment from its date of issue
of January 28, past its March 31, 1985 closing deadline, in
part: in which Durbin “stated we are steering to close with
Tinker within the next ten days”, “otherwise we will have to
submit a request to the Court to hear our request.” Durbin,
however didn’t seek a court order…
May 1, 1985 - Bank,
Pierces letter to Durbin, who, without discussion of its
contents with us, or having authorization, signed it.
May 3, 1985 - At
Durbin’s request by phone, Vincent and Sophie Germano, with our
six-year-old grandson, went to his law office (wherein he
withheld from us) Reaves’ secret filing of the Journal Entry
Judgment (dismissing our counterclaim and granted bank’s March
15, motion for summary judgment on its foreclosure suit), and
asked us to sign a Journal Entry Judgment.
We declined, however
anxious to resume our business, on Durbin’s assurance he would
keep it until he (closed Tinker’s loan and repay AI’S note to
the Bank (that week), Affiant, believing that Durbin,
recommended by U.S. Attorney and his assistant E.D. Thompson,
would not involve them in deceiving and violating our rights to
a trial by jury on the facts touched on herein, Affiant signed
the Journal Entry Judgment.
It was later
discovered that morally corrupted lawyer Alan C. Durbin deceived
Affiants into granting the same Journal Entry that Reaves’ had
secretly filed (above) dismissing our counterclaim and granted
bank motion for summary judgment on its Foreclosure suit and
gave it to Pierce and continued refusing to close the Tinker
loan to cause its cancellation. Acting in concert, Judge James
B. Blevins signed the J. E. J. in violation of court rules and
settled legal precedent.
May 10, 1985 – Letter
by lawyer Pierce III addressed to Durbin (absent letter head)
please let me know at your earliest convenience of the status of
putting the Tinker deal together, IF ANYTHING ON THIS END THAT
CAN BE DONE TO EXPIDITE, PLEASE LET ME KNOW.”
April 5, 1985 –
ignoring Pierces request, Durbin, instead, wrote to Tinker’s Ed
Phillips seeking (without authority or consideration) to deed
American Inn to another client (Allan Garland) along with the
Tinker loan.
May 28, 1985 – Their
excellent credit ruined, Affiants tried to recoup some of our
investment pursuant to Tinker’s restructured loan agreement
requiring a second guarantor. His treachery still unknown,
Durbin drafted the (33 page) General Partnership Agreement.
Executed by our son Wayne Germano and Juanita Anne Rorem who
paid $105,000.00 into a bank escrow account for one-third
interest in the AI. Durbin also corruptly violated that
agreement and refused to close the restructured loan.
May 28, 1985 - Durbin
letter to Tinker mortgage officer Ed Phelps regarding the
General Partnership Agreement.
JUNE 4, 1985, our
third legal counsel Charles Rouse, filed our lawsuit, case No.
CJ-85-5070, amended it June 6, and obtained Temporary
Restraining Order- staying Sheriffs Sale of AI. Lawyer Rouse
alleges, in part: “The Defendant herein perpetrated fraud upon
the Plaintiff herein, knowing that the same would work
irrevocable hardship on the Plaintiff herein and at the same
time cause a windfall to the Defendant.”
“That the Defendant
has conspired with person or persons “currently unknown to
defraud the Plaintiff of its real property” for a sum of less
than one half the actual value of the said property.” “The fraud
of the Defendant entitles the Plaintiff to actual damages of
$200.000.000.00, $100.000.000.00 punitive damages and recovery
of exemplary damages as an example to others similarly situated
in the sum of $150,000,000.00.
Due to Rouses failure
to oppose Pierces motion he advised was essential, the case was
re-assigned to Judge Blevins (whose void judgments the suit
sought to set aside under Oklahoma Statute and settled legal
precedent). As in this, and each case throughout the following
years, Pierce III, had judges, state/federal, reassigned with
family members married and associated with high profile parties
involved in the case).
June 7, 1985 –
Temporary Restraining Order, (TRO) HEARING, on (ONE) of the Four
counts of AI’S lawsuit: As shown on the Transcript of the
hearing (also in our care) Pierce III and co counsel Joel
Carson, at the start of the hearing (before we received the
cancellation letter or received it in the mail) filed copies of
the June 3,1985 Tinker letter canceling its commitment with the
check refund of the $19,200.00 commitment fee. The filing of the
Tinker letter revealed to Judge Blevins that the Tinker
Commitment-was in full force and effect, when he signed (two)
Journal Entry Judgments dismissing (the same) counterclaim and
granted banks March 15, 1985 motion and brief, for summary
judgment on its lawsuit in foreclosure.
…And that the JEJ
secretly filed by Reaves (absent consent of client and affidavit
of attorney required by OK Statute). The second Journal Entry
Judgment- filed by Alan C. Durbin obtained from Affiant VG by
falsely promising (in his law office) that he would keep it
until he closed the Tinker commitment and paid off bank’s
mortgage that very week, and gave it to the bank and continued
refusing to Cooperate with Pierce (above letter request) to
close the Tinker mortgage and pay-off his bank’s mortgage. Thus,
the Bank caused the loss of the Tinker commitment and only
source of payment of its Note in satisfaction of it’s mortgage…
As shown by the
transcript also in our care, Pierce and co council Joel Carson,
posed trick questions to Affiant (VG seated on the witness
chair) to cover up-suppress their extraordinary fraud, fraud on
the court, outlined in part above. Affiant attempted to
controvert such criminally false testimony, but Judge Blevins
stopped me stated “you are represented by counsel.”
Lawyer Durbin, still
AI’S counsel of record and (subpoenaed by bank as its witness!!)
Judge Blevins asked him to take the witness chair, stating, “YOU
NEED NOT SWEAR AN OATH, YOU ARE AN OFFICER OF THE COURT… LAWYER
DURBIN REMAINED SILENT, until Rouse (visibly intimidated by
judge Blevins’ bias toward the bank, Durbin and Joel Carson,
failed to question him and excused Durbin-wrongfully stated “HE
Was NOT INVOLVED IN THE JUDGMENT.” Lawyer Rouse knew Reaves
failed to answer bank’s motion for summary judgment on its
“foreclosure by default,” and Durbin failed to appeal the
judgment during the time allowed under OK S.
Judge Blevins acted
in concert, “allowed Pierce and co counsel Joel Carson to
testify as to what witnesses-summoned and seated in the
courtroom, would say if called to the witness chair to testify.”
Then, displaying anger, judge Blevins stated “it was a hearing
on the merits,” and further violated court rules to grant
Pierces’ Motion for Summary Judgment on ALL FOUR COUNTS of our
lawsuit, and ended the court stay.
Following
cancellation of the Tinker loan, we released $105, 000.00 paid
by Mrs. Rorem into a bank escrow account contingent on the
Tinker loan closing by lawyer Alan Durbin (recommended by U.S.
Attorney and his assistant Eleanor D. Thompson).
June 10, 1985 –
Having conspired with Pierce in refusing to close the Tinker
loan since April 5, Durbin, in his letter to Affiants, revealed
his “moral depravity,” stating, in part, “We regret that we were
unable to convince you that the litigation posture that you
chose to pursue lacked a reasonable expectation of success.” “It
is unfortunate that the events of the past few days have not
proved successful.” Durbin further states, “You must remit to us
the sum of $11,533.90, for fees and expenses within 39 days of
your receipt of this letter”.
June 13, 1985 -
Lawyer Rouse filed the Petition In Error-Preliminary Statement
and withdrew form our case, OMITTED such fraud, fraud on the
court, and (client Affiants) and stated In part: “Trial court
erred in prevented plaintiff from presenting evidence relevant
to the temporary restraining order, and permitted defendant to
present argument, cross examination, and authority on all
aspects of the case.”
June 14, 1985 - Bank,
Pierce Motion To Settle Amount Of Attorney’s Fees, Oklahoma
County, OK, Dist. Court, case# CJ-85-5070.
August 16, 1985 –
bank lawyer Peter G. Pierces III’S further displayed his moral
depravity in his letter to Tinker’s mortgage officer Ed Phelps,
in part: “As you probably know, American Inn, Inc. jumped into a
reorganization proceeding under the CH -II, Bankruptcy Code”.
Pierce law partner
Joel Carson’s letter to Charles Rouse speaks for itself: June
19, 1985 – Pierce letter to lawyer Rouse with his motion and
court order reassigning coconspirator Judge James B. Blevins to
preside over the (attorney fee hearing). Pierce, continuing his
fraud on the court, states, in part:
“the adverse
publicity that the plaintiff generated,” “the novelty of
questions presented in this case, the skill required to
completely defeat this action in THREE DAYS,” “Mr. Carson’s and
Mr. Pierces experience in commercial litigation,” “The quick
reaction by Defendant’s counsel, and prompt successful
termination of this litigation should have served TO SET AN
EAMPLE that FRIVOLOUS LITIGATION WILL NOT BE TOLERATED.
Pierce seeks a court
order for legal fees based on the attached “Defendant counsel’s
DETAILED TIME RECORDS for the period in question”. Tony Blazer,
lay employee of the Oklahoma Bar Association, on receipt of
Pierces TIME RECORDS filed with his Response to one of our many
Grievances, informed Affiant Vincent Germano by phone that
banker-lawyer Peter Pierce III “RE-WROTE, OMITTED INCRIMINATING
EVIDENCE from his TIME RECORDS that he had filed in court
records with this MOTION TO SETTLE THE AMOUNT OF ATTORNEY’S
FEES.”
Affiant promptly
informed the OKLAHOMA STATE BAR of Mr. Blasiers revelation of
Pierces felony perjured Time Records filed as a part of his
Response to our Grievance. The State Bar ignored such
politically corrupted pleadings and permitted Pierce III to
continue violating its rules of conduct outlined below to
embolden Durbin and his successors. The state bar denied a total
of ten (10) Grievances in collusion with the lawyers to evade
discipline and to continue banks predatory lending scheme.
December 10, 1985 -
Oklahoma Supreme Court, case NO. 64,709: AI’S (fourth counsel)
Jerome Blumenthal, received a $2500.00 fee on his written
agreement to prosecute our appeal, in part: “I will prepare the
petition in error and file same. I will prepare and file a brief
to all issues and facts of this case regardless of implications
to parties in high office.” He filed the opening brief-(absent
claims arising in the above facts) and remained silent as the
bank, Durbin and (trustees with troubled loans at First National
Bank) took positions in fraudulent control of the proceedings
to defeat our Appeal and CH II filing…
The appeal (taken
over by our ex counsel) lawyer Alan C. Durbin, Peter G. Pierce
III, who appointed for his bank and continued his outrageous,
indefensible criminal conduct to violate/defeat AI’S appeal and
CH II bankruptcy to finalize his bank’s criminally fraudulent
lawsuit in foreclosure as follows:
AI’S CH-II Bankruptcy
Petition, case No. Bk-85-2221-A, staying Sheriff Sale of AI:
(Assigned to judge Berry), the case was reassigned to Chief
judge Richard Bohanon-who was seated from (chose in action)
Andrew Davis Alan Durbin’s large (Andrews, Davis law firm of
which he was a founding partner) which was paying him for stock
sold-back to the law firm. Luther Bohanon (Sr.) was a senior
judge in that same federal court district (violation of 458, 28,
U.S. Code) caused the striking of our lawsuits and denial of
criminal complaint of bankruptcy fraud. (See below, (black)
Asst. U.S. Attorney John Green quit writing our complaint of
bankruptcy fraud because Richard’s father, Luther Bahaman
integrated the schools in Oklahoma).
WITNESS AFFIDAVIT BY
LAWYER CHARLES R. ROUSE-CONFESSION OF PLITICALLY CORRUPTED
FORECLOSURE & BANKRUPTCY: November 6, 1985 attesting: “I was
attorney for the Debtor in possession of American Inn, Inc. and
as such, attended the hearing conducted pursuant to 11, U.S.C.,
Sec. 2004. During an off the record recess from this proceeding,
Peter G. Pierce III, Alan Durbin, Vincent Germano and I were
talking informally among ourselves.” “During the conversation
Mr. Pierce looked at Vincent Germano and stated, “We could have
had the Tinker loan closed in one week if you hadn’t filed your
lawsuit against the Bank.” Mr. Durbin responded, “that’s right.”
(Lawyer Rouse had filed our lawsuit).
Upon Rouses refusal
to have the court reporter record Pierce and Durbin’s gloating
confession of their fraudulent prosecution of the bank’s
foreclosure suit which caused AI’S bankruptcy, Vincent Germano
left the hearing and went to the office of Court Administrator
Steve Liveshee, who was out of his office. All other court
officials were also out to lunch. On my return to the hearing.
on lawyer Charles Rouses assurance he would provide the above
affidavit, AFFIANT Vincent Germano, relented.
On hind sight,
Affiant should have waited for the court administrator to return
and take statements from the lawyers and witnesses and enforce
the law. However, lawyer Rouses affidavit attesting to such
bankruptcy crimes through which the bank and lawyers finalized
the banks felony criminal begotten foreclosure judgment, are
void on their face and have no force or effect under court rules
and settled legal precedent.
Judge Bohanon,
ignored such pre-petition history to approve applications and
affidavits to appoint lawyers Alan Durbin and Peter G. Pierce
III (whose corrupt legal actions drove AI into bankruptcy) into
positions in full criminal control of AI’S Appeal and Bankruptcy
proceeding: Durbin, chose in action, was appointed to Chair the
Unsecured Creditors Committee and Committee counsel; Michael
Rolinaitis Trustee and counsel for himself, (who with his wife
had troubled loans at First Bethany Bank) and attorney-client
responsibility to the bankrupt estate and Affiants, arising from
his agreement to prosecute an Adversary suit against the bank.
Mrs. Rolinaitis appointed bankrupt estate’s accountant; Peter G.
Pierce III, his bank a defendant in the bankrupt estates lawsuit
on appeal and chose in action himself, was hired as counsel for
the Trustee to prosecute an adversary suit against Affiants!
Attorney David Dunlop
(prior member of Trustee Michael Rolinaitis’ law firm) submitted
his affidavit attesting to Rolinaitis and his wife’s troubled
loans with Pierces First National Bank, a defendant in the
estate’s law suit on appeal.
NOTE: July 23, 1985 –
ORDER BY CHIEF JUSTICE Supreme Court of Oklahoma, “directed that
all parties show cause why all proceedings in this appellate
matter (arising from the summary dismissal of our lawsuit Case
5070 (above) should not be stayed immediately. Politics took
precedence over appellate rules and constitutional rule of law.
August 2, 1985 - In
the ongoing fraudulent bankruptcy proceeding, Pierce III,
corruptly acting as attorney for First National Bank and
Trustee-and wife with bad loans with F.N.B.B (a Defendant in
A.I’S lawsuit on Appeal) FILED the five page “fraudulent
Appellee RESPONSE AS TO WHY THE PROCEEDINGS SHOULD NOT BE
STAYED. (In which Pierce III corruptly states) “For the reasons
discussed below, and based upon authorities cited, the Appellee
respectively submits that there is no impediment to continuation
of this proceeding, and should not be stayed. Lawyer Pierce III
and his Appellee bank’s continued “direct criminal” fraud upon
the Oklahoma Supreme court!
Peter Pierce III, in
conspiracy with Alan Durbin and Trustee Rolinaitis, and our
legal counselors’ filed bank’s Plan of CH-11 Reorganization
stating, in part, “their intent to DISMISS AI’S Appeal, and
DISREGARD it if GRANTED. (following our legal counsels’ (three
colluding law firms in that case) failure to object and move the
court to stop such fraud). Upon our (personal) objections, they
withdraw their fraudulent plan. It didn’t matter, they defeated
estate’s appeal and reorganization as follows: They ignored
lwyer Rouse’s aqffidavit attesting to Pierce II and Durbin’s
VERBAL ADMISSION OF SUCH FRAUD!
August 15,
1985-Pierce letter to Rouse and Reaves regarding the 2004
bankruptcy examination (knowing) Reaves was dismissed on April
5, 1985.
August 16,
1985-Pierce’s letter to Tinker’s mortgage officer, Ed Phelps, in
part: “As you probably know, American Inn, Inc. jumped into a
reorganization proceeding, CH -II, bankruptcy Code”.
September 19,
1985-Letter by Charles Rouse (his second appearance in our
cause) to Bank’s Pierce, the only secured creditor, regarding
missing Touch Ross (AI’S accountant) work papers taken (stolen)
from case files while in Pierces’ possession in the bankruptcy
case.
October 4,
1985-Charles Rouse, Motion, Objection To Appointment Of Trustee,
response filed by Susan Manchester (as council for Pierce III
and Alan C. Durbin’s joint-motion for Trustee McDonald to take
over management of AI “from Affiants” (then debtor in
possession) -Manchester’s Motion filed for trustee MacDonald,
Transcript of the bankruptcy court hearing and Court Order are
also in our care.
(See Federal case
below: Susan Manchester and Floyd Taylor fraudulent covered-up
of their appearance (above) as counsel for Trustee Mc Donald TO
DECEIVE US into paying them a $5000.00 fee to undertake our
cause against the bank and coconspirators.
February 6, 1986 -
Durbin and Pierce III, in full, fraudulent control of AI’S
bankruptcy proceeding, filed a Motion For Issuance Of Order To
Show Cause & For Contempt Order, against Vincent and Sophie
Germano, and seeking an order to seize the $19,200.00 refunded
by Tinker to Affiants (following their refusal to tender
satisfaction papers to the title company, close Tinker’s
mortgage to receive pay-off bank’s mortgage!
May 2, 1986 - Pierce
letter (no letterhead) to Bankruptcy Trustee Rolinaitis (his and
wife, bank’s troubled creditor) seeking to defeat AIS Appeal of
the district court ruling granting bank summary judgment.
May 4, 1986 - Office
Card of FBI special agent Michael Puskus who took our complaint
and supporting (court instruments) of bank’S pre-petition and
bankruptcy, fraud, corruption. The head agent of the Oklahoma
City FBI office didn’t respond. Office Card of FBI Special agent
Michael Puskus is also in our care.
May 8, 1986 - Waiver
Of Oral Argument, signed by Trustee Rolinaitis, Pierce and
Durbin, while prosecuting the fraudulent Adversary suit against
Affiants, Vincent and Sophie Germano, Case -86-423-A alleging
unauthorized payments as debtor in possession. (Affiants paid
for a grandson’s mission fee of approximately $200.00 for
attending United States Space Camp (NASA). John Hughes is an
electrical engineer).
August 4, 1986 - On
our complaint of the failure to prosecute the ongoing bankruptcy
fraud, lawyer David Pepper (one of four law firms who appeared
in our motel’s bankruptcy, on our complaint of his failure to
cease the ongoing bankruptcy fraud, corruption, withdrew from
our case and (required Affiant to sign a hold harmless agreement
before refunding our fee).
Affiant and son
Wayne, filed pro se, Defendant’s Motion In Opposition To
Plaintiff’s Motion To Strike and Supporting Affidavit. To no
avail, Oklahoma City Municipal Counselor Howard Haralson filed a
motion on September 11,1986, objecting to our pro se motion to
remove Pierce and Trustee Rolinaitis and Durbin, from positions
in fraudulent control of AI’S bankruptcy proceeding. Pierce III
was a past member of OK City Council, Pierce Senior was also
well connected in Oklahoma politics. Pierce III, also letter in
our care sent by U.S. Mail, to Affiant’s home in Kingwood, TX,
threatening to have “professional Collection Attorneys in
Houston TX “who will literally pursue the debts the rest of your
lives”.
Lawyer Charles R.
Rouse (who gave his affidavit attesting to the bank, Reaves’
Durbin’s foreclosure fraud in the above bankruptcy case) filed
our Response Brief in Opposition to Motion To Remove Trustee and
Pierce as attorney For Trustee, And To Reinstate Debtor In
Possession. Rouse filed with this motion; Affidavit of proposed
attorneys, Trustee’s Motion to Employ Professional Person For a
Limited Purpose, Debtor’s Brief, and Objection by AI, Inc, and
allowance of Claim and Confirmation of Plan.
November 19, 1986 -
Lawyer Rouse letter to Affiant withdrawing from the case to be
called as a witness (regarding Pierce and Durbin’s admission of
their fraudulent prosecution of the bank foreclosure attested to
on his affidavit). Lawyer Rouse was never called to testify by
his successors; lawyers of a total of nine (9) OK law firms, who
covered up/suppressed the affidavits by lawyers Charles R. Rouse
and David Dunlop, and other such material evidence throughout
the years that followed.
September 19, 1986 -
abandoned by another lawyer we filed pro se, a Combined Response
to Pierce III Response to the above Motion (by lawyer Rouse) to
Remove Trustee Rolinaitis and Pierce III -fraudulently acting as
his counsel in a severe conflict of interests, in which he
objected and compared Affiant and wife to Tax Protesters!
January 5, 1987 -
Reply by Chief Judge Richard Bohanon denying our motion
demanding Rights Sua Sponte. As show herein, Bohanon took
reassignment despite his severe conflict of interests and acted
in concert as lawyers of four (4) of a total of nine (9) law
firms who appeared in our cause throughout the years, conspire
with lawyers Durbin Pierce III and Trustee Rolinaitis in
positions in fraudulent control of AI’S Appeal and CH-II
proceeding, now advised that we “retain a competent attorney.”
Upon filing our
motion (pro se), Trustee Michael Rolinaitis resigned (6 days
before the hearing) and was appointed “estate administrator.”
January 8, 1987 –
Lawyer Pierces (4 page) letter submitted in the Settlement
Conference before Federal Magistrate Pat Irwin, on January 14,
reveals his banks wielding of political power to manipulate the
legal system to perfect bank’s bankruptcy crimes to continue
evading a trial by jury.
January 9, 1987 -
Orders by Judge Bohanon Converting AI’S CH II filing to CH 7,
and appointment of L. Win Holbrook Interim Trustee, and
approving Standing Bond for the American Inn, Inc. estate, case
#86-2221-A-.
Vincent and Wayne
Germano lodged a complaint with Trustee Holbrook of violation of
AI’S bankruptcy and appeal (by the bank and lawyers whose
pre-petition fraud caused the bankruptcy). Supported by court
records and affidavits by lawyers David Dunlop, Affiants and
Charles Rouse. Lawyer Rouse (attested to Pierce and Durbin’s
gloating admission made in the 2004 bankruptcy proceeding in
which Pierce and Durbin stated “they could have closed the
Tinker loan to pay off banks mortgage if we didn’t file the
lawsuit in Case #CJ-85-5070. (The lawsuit was filed by lawyer
Charles Rouse)
Based on such
affidavits and supporting court records, Trustee Holbrook moved
Oklahoma Court of Appeals for Rehearing of AI’S appeal
out-of-time. January 12, 1987 - Court Of Appeals For The State
of Oklahoma, Div. No. 3, granted L. Win Holbrook, Entry Of
Appearance, as successor Trustee of the estate of American Inn,
Inc. granting Trustee Holbrook until February 2, 1987 in which
to Petition for Rehearing (AIS Appeal, case # 64,709) and Brief
in support thereof. Interim Trustee Holbrook, however, joined
the bank’s conspiracy and abandoned the criminally bankrupted
(American Inn estate).
January 12, 1987 -
Bankruptcy Court Order For Meeting Of Creditor etc.. Rogers
Abbott, shown on the Order (bottom left) employed by the court,
(had corruptly induced Affiants to pay him a $5000.00 fee on his
agreement to do a “cram down” against the bank and
co-conspirator lawyers). Following his refusal to move judge
Bohanon to move the court for an order to remove Pierce, Durbin
and (trustee Rolinaitis with troubled loans at the bank), in
positions in fraudulent control of AI’S Appeal and CH-II
bankruptcy. Abbott, withdrew from our case and had judge Bohanon
approve his withdrawal and to keep $3700.00 of the $5000.00 fee
paid on his agreement.
Lawyer Abbott
(following his abandonment of our case) drafted the fraudulently
begotten “default judgments” against Affiant Vincent and Sophie
Germano and mailed them to our home in Texas. These were the
judgments which Affiant VG handed to lawyers Susan Manchester
and Floyd Taylor, who deceived us into paying them $5000.00
up-front fee, who removed/stole them from case files, thus
covered up Abbott’s, and the history of the bank and its other
conspirator’s politically corrupted judicial hearings and legal
actions.
January 23, 1987 -
Judge Bohanon granted Rouses motion to withdraw-leaving Affiant
and wife SEATED ALONE AT THE TABLE with interim Trustee
Holbrook, Durbin, Pierce and others, seated at the other table.
Microphone in hand, Pierce verbally moved the court to grant his
previously submitted motion and brief, for award of summary
judgment by SHAM DEFAULT against Vincent and Sophie Germano,
thus violating, defeat our appeal and to convert the case to
CH-7.
February 24, 1987 -
Pierce III conducted Sheriff Sale for possession of our American
Inn, as lawyer Charles Rouse, stated in his pleadings to the
court in CJ-85-5990 case (below) the bank made a “windfall.”
Pierce III, financed his bank’s politically corrupted predatory
lending scheme by legal fees throughout the years. Peter G.
Pierce III parlayed his bank’s criminally begotten windfall by
claiming a loss on the Bank’s IRS Income Tax Returns.
February 29,
1989-Affiant mailed a complaint, with a three page summary of
the above outlined bankruptcy fraud to Assistant U. S. Trustee
Michael Freemen, U.S. Bankruptcy Court, 201 Dean A. McGee, Okla.
City, OK, 73102, Freeman didn’t bother to respond.
On our complaint of
the bankruptcy criminal fraud, corruption: John Green (black)
assistant U.S. Attorney, OK City office, started writing our
complaint, who, on hearing judge Richard Bohanons name, stopped
writing and stated “I will not embarrass Luther Bohanon” (his
father) senior judge in that same federal district who
“integrated the schools in Oklahoma.” A violation of Sec. 458
FRCP. that fueled the STRIKING of our legal actions in the state
and federal courts in Oklahoma City and Houston Texas throughout
twenty three, of the sixty three years of our marriage.
Affiant lodged a
complaint of the politically corrupted judicial and legal
systems committed in bankruptcy court in Oklahoma, with
Assistant U.S. Trustee, Nancy Holley of the Houston, Texas,
bankruptcy court. She gave us her card and ignored our pleas for
help. Shortly thereafter, her boss (Trustee Head), resigned amid
charges of his wrongdoing. Complaints to the U.S. Office of U.S.
Trustees, Washington were denied and served to continue covering
us such government tyranny.
NEWS RELEASE by
Congressman Jack Brooks: Due to complaints of ours and other
victims of such bankruptcy fraud, corruption, Congressman Brooks
moved General Accounting Office to investigate the Justice
Department’s U.S. Bankruptcy Program. No response was received,
however, Judge Bohanon was removed as Chief judge, but was
allowed to remain a judge in that bankruptcy court.
U.S. District Court,
case CIV-87-525-T: Affiant and son Wayne drove (8 hours) to the
law office of Miskovsky, Sullivan, Taylor & Manchester, Oklahoma
City, OK. Informed of the above facts, they too deceived us
stating they didn’t have a conflict of interests with parties
involved in our cause and that they would include in our
petition referral to the (17-Page Paper) that Banks insider
lawyer Peter G. Pierce III had presented at the April 3, 1987
Banking Law Institute, Oklahoma City University, titled,
“Bank’s, Lawyers And Liability Revisited. “
Based on their
written agreement to “prosecute the parties who caused the
financial collapse of the American Inn-through appeal,” our son
Affiant handed Manchester and Taylor, a $5000.00, check, Affiant
Vincent Germano handed Manchester the “original default
bankruptcy judgments received from lawyer Abbott (one of our
prior legal counselors, (now named one of the bank’s
co-conspirator).
IN THE PIERCE III
PAPER, Peter G. Pierce III, reveals the psyche of a predatory
lending banker-lawyer, in small part: “the traditional
“Plaintiffs Bar” does not know very much about financial
regulation but, they are certainly experts in common law and
tort theories. And most of them can pronounce, if not expound
upon, RICO.” There is a decided inclination on the banker’s part
to act now and worry about ramifications later.” “Keep a clean
file, assume that everything in a credit or customer file will
be read to a jury. A good paper trail can prevent a debtor from
getting to a jury. Communicate if the bank thought the borrower
was a sufficiently astute businessman to justify credit
initially, does it have reason to consider him inept today?”
“Likely Not…”
The case, assigned to
Chief Judge Ralph Thompson: Lawyers Taylor and Manchester, filed
our Petition omitting mention of the Paper and claims arising in
the facts touched on above. We later learned that Taylor and
Manchester deceived us into hiring them; unbeknown to us, Susan
Manchester appeared for Trustee McDonald to replace us as debtor
in possession in AI’S bankruptcy case (above).
Taylor and
Manchester, removed/stole from case files the original (two)
Judgments levied against us (by sham default) received in an
envelope of the law firm of R.W. Rogers Abbott, 414 Park Harvey
Center. Okla. City, OK, 73102. Abbott is one of the lawyers of
four law firms who appeared in AI’S bankruptcy and covered up,
suppressed the banks and coconspirator lawyers’ pre-petition and
ongoing bankruptcy criminal fraud. Abbott drafted the default
judgments (for Chief Bankruptcy Judge Bohanon) after he granted
his motion to withdraw from our case and keep $3700 of $5000.00
paid on his agreement to prosecute what Abbot stated was a “Cram
Down” against the Bank and conspiring attorneys.
April 7, 1987-Affiant
and wife received an Affidavit and cover letter by U.S. Mail
from the Oklahoma City, OK, law office, of Susan Manchester
advising us to sign the enclosed Affidavit. Their appearance for
trustee Mc Donald to take over management of the AI still
unknown to us, and omission of case history outlined above,
Affiant informed Manchester and Taylor by phone of our refusal
to sign the affidavit omitting the facts detailed herein above.
Chief Federal Judge
Thompson granted Taylor and Manchester’s false sworn motion to
withdraw-abandoning us, alleging that we insisted on changing
their employment agreement to keep $5000.00 paid on their
written agreement to “prosecute the parties who caused the
financial collapse of American Inn-through appeal”.
Chief Judge Thompson,
stating “certain claims are viable and appropriate,” reassigned
the case to Judge Layn Phillips (whose wife was associated with
Alan Durbin’s chose in action Andrews, Davis, law firm (bank’s
main coconspirator), which their successor attorneys quietly
also covered us and suppressed.
May 27, 1987 - Pierce
filed Defendant’s Brief in Support Of Motions For Entry Of
Judgment And Imposition Of Sanctions against the Germano’s
citing facts and legal precedent having no record support.
June 5, 1987 - We
wrote to Bill Price, the then U.S. Attorney, in Oklahoma City,
who had recommended Alan Durbin, inquiring about our previously
filed criminal complaint against banks Peter G. Pierce III. No
response was received.
June 31, 1987-in our
frantic efforts to seek ethical counsel, Affiant and son Wayne,
went to Dallas TX, attorney L.S. Kaplan, who, recommended trial
attorney Richard Denny. Mr. Denny advised filing a federal Civil
Rico action and filed an entry of appearance. Several weeks
later, Mr. Denny filed his withdrawal stating possible conflict
of interests.
With the pending
deadline for filing our Amended Petition, Affiant and son Wayne,
drove (8 hours) to meet lawyer Craig Dodd (of Enid Oklahoma) at
Sullivan’s restaurant in Oklahoma City. Upon confirmation of his
phone agreement, and promise to mail a written agreement to
amend our Petition with all our claims-through appeal, Wayne
paid him $5000.00. Dodd, however, didn’t mail his written
agreement and compounded Manchester and Taylor’s politicaly
corrupted actions violation of trust.
Lawyer Craig Dodd
filed an Amended Petition-omitting claims arising in the
extraordinary facts touched on above. Dodd’s associate David
Vorwald expressed amazement over evidence learned in deposing
lawyer Alan C. Durbin, but refused to provide the transcript of
the deposition. In a fit of remorse Vorwald advised us of the
reason for such injustice could be found by finding out the name
of the daughter of a high profile party involved in the case.
Due to the high
profile persons involved, one Oklahoma City investigator,
returned our fee, and another firm accepted, then also abandoned
our case. Having uncovered certain of the parties involved in
the conflict of interests on our own initiative, the attorneys
who undertook our cause thereafter continued refusing to
discover the names of the parties as advised by lawyer David
Vorwald. Efforts to obtain the deposition was to no avail.
July 21, 1987 - Judge
Layn Phillips’ Order denying our pro se motion to disqualify
him because we did not question his impartiality. Thus, despite
the fact that his wife was associated with Andrews, Davis, chose
in action main co-coconspirator law firm. Efforts to defend our
right to an impartial judge and constitutional due process, came
to naught once again.
July 27, 1987 - Our
Reply Brief (filed by our son Wayne) In opposition to Pierce’
Motion To Dismiss And Motion For Summary Judgment, with two
pages of case law and facts having no relationship to the
politically corrupted judicial and legal actions outlined
herein, was ignored and based on lawyer Craig Dodd’s In Camera
Affidavit, alleging wrongdoing by Affiants (his clients) Judge
Phillips STRUCK our lawsuit and granted Dodd’s motion to
withdraw and to keep our un-earned $5000.00 fee.
Late one evening
Craig Dodd phoned Affiant Vincent Germano and stated “if he had
pleaded the truth of our case in the Amended Petition, he would
have had to appeal all cases thereafter.” Dodd further stated
his son was disabled and couldn’t afford to appeal all cases.
Affiant expressed our sorrow for his son’s disability and stated
the court records in our possession documenting systemic
violations of due process were inexcusable.
Notified by phone of
a hearing in Federal district court by clerk (French) Affiants
drove (eight hours) to Oklahoma City only to see a dark
Courtroom. Chief Judge Thompson’s secretary, on hearing our
inquiry, exclaimed “my god you were prejudiced,” but Judge
Thompson, told her he wasn’t allowed to speak with us ex-parte.
We drove another eight hours back to our hone in Kingwood,
Texas.
September 1, 198 -
Bankruptcy (lawyer) Trustee L.W. Holbrook, following his and
trustee Michael Rolinaitis defeat of AI’S Appeal and CH II
bankruptcy in the extraordinary facts briefly outlined herein,
trustee Holbrook filed another false sworn affidavit in support
of Pierce’ motion for summary judgment “on which Judge
Phillips,” Struck our federal lawsuit in the CIV-87-525 Case.
November 20, 1987 –
Pierce III, by Subpoena issued by the U.S. District Court,
Southern District of Texas, Houston Division, served on
Affiant’s family in Texas, deposed our daughters Deborah Speaks,
Pamela and John Kutchback and son Wayne Germano, at the law
office of Eikenburgh & Styles, 1100 First National Bank
Building, Houston, Texas.
January 7, 1988 -
Affiants filed the Affidavit by Dr. David Nickeson in Support of
a Motion For Continuance,” Case #CIV-87-525-P. Attesting to
Vincent Germano’s physical condition following percutaneous
transluminal coronary angioplasty, performed at the V.A.
hospital, Houston, Texas.
January 19, 1988 -
U.S. Tenth Circuit Court of Appeals, case -88-1244, USDC case
CIV-87-525: Vincent Germano and son Wayne, pro se, appealed the
striking of our lawsuit and filed a series of compelling motions
and briefs opposing Pierce III’S pleadings designed to cover up
his, our counsels’ and bankruptcy Trustee’s fraud, corruption,
During a phone inquiry, the court clerk stated to Affiant
Vincent Germano, “what’s the matter, don’t you like the justice
you received”?
United States Tenth,
Circuit Court of Appeals, Order affirming the district court
order; denied en banc rehearing and motion to stay issuance of
mandate pending application to U.S. Supreme Court.
February 20, 1989 –
Affiant submitted a four-page complaint to Assistant U.S.
Trustee Michael Freeman, of that federal bankruptcy district of
such fraud outlined above, no response was received.
January 28, 1988 –
banks Pierce III filed his Affidavit In Support Of Attorney
Fees, thus financing bank’s awards of politically corrupted
judgments to perfect bank’s predatory lending conspiracy.
March 8, 1989 -
Response by Philip M. Zeidner, Executive Office of U. S.
Trustees, U. S. Department of Justice, to our complaint of
bankruptcy fraud. He expressed his outrage over the phone and
moved C. P. Wood (Kansas Trustee) to investigate our complaint.
Though judge Bohanon was removed as Chief judge, he was allowed
to remain in that federal bankruptcy court. Wood allowed the
bankruptcy fraud to continue to defeat our motel reorganization
and appeal from the bank and our counselors’ pre-petition felony
fraud, fraud on the court.
March 9, 1989 -
Summoned to appear at an asset hearing (by Pierce) in Federal
Court in Oklahoma City, Affiant and wife Sophie, drove eight
hours to the hearing presided over by Magistrate Robin Cauthron.
Pierce III questioned Affiant and lied to goad Vincent Germano
into objecting: Pierce III stated in part: “This is in 1987
after you were kicked out of management of the American Inn.”
“Mr. Germano, after the U.S. Bankruptcy Court, Western District
of Oklahoma removed you as manager”.
Though the Transcript
of the hearing shows I answered “yes” to one statement, the
court record proves both statements were false and done to
provoke me into objecting and calling Pierce a liar. Magistrate
Cauthron responded to Affiants charge “(LYING) wasn’t relevant
to the hearing,” and by Order of June 29, 1989 she certified a
finding of Contempt of Court to federal Judge Layn Phillips.
(Magistrate Cauthron had granted Pierces motion for-legal-fees
in the CIV-87-626-P case, STATING “Incurred as a result of (Germano’s)
bad faith institution and pursuit of this lawsuit). Coauthor was
rewarded by appointment as Judge of that federal court district!
June 28, 1990 - Page
33 of transcript of Contempt Hearing also in our care, attorney
J. W. Coyle received a $700 (from Wayne Germano) to present the
document which shows we had sold the Motel to ( Mr. Faust) based
on an irrevocable letter of Credit, only to have his lender
refuse to honor it and our legal counselors did nothing.
…Coyle (remained
seated as he watched judge Layn Phillps ignore Affiant, Vincent
Germano, at the witness stand, offer the document in defense
against the sham Contempt of Court charge. Judge Phillips called
a federal marshal into the courtroom and sentenced Affiant to
five (5) days in the Oklahoma County Jail and Instructed him to
take Affiant to the Oklahoma County Jail:
The federal marshal,
now retired, stated he wasn’t going to shackle me and for me to
sit in the front seat with him for the trip to the jail. Vincent
Germano, thanked the marshal for his kindness. …U.S. Judge
Phillips, whose wife was associated with bank main
co-conspirator Alan C. Durbin’s large Andrews, Davis law firm,
released Affiants the next day. Shortly thereafter Phillips left
the federal bench in disgust and practices law as a member of a
California law firm.
May 23, 1989 –
Affiant Vincent Germano, filed a Common Law Affidavit in Real
Property Records of the Oklahoma County, OK, Clerk, file #
000446557. It declared in part, Sheriffs Deed of the American
Inn, is fraudulent: Fraud lies in the fact that said instrument
is being used in a continuing criminal episode and in an endless
chain scheme of fictitious sales and is a forgery. Said
instrument is perjured constituting fraud, and fraudulent use of
process being invalid from its inception as a direct trespass
without due process of law and a deprivation of all rights. The
affidavit cites the Supreme Court ruling in Rich vs. Braxton 158
U.S. 375, 376, 1985, specifically forbidding Judges from
invoking equity jurisdiction to remove common law liens or
similar “clouds of title.” The lawyers who undertook our case
continued their predecessors’ conspiracy with banks Peter G.
Pierce IIIi, in failing to also cite this ruling and .
June 28, 1989 -
Petition, First National Bank of Bethany, case # CJ-85-5990:
Filed by Peter G. Pierce III to expunge the Affidavits also
named Oklahoma County as defendant. The case was assigned to
Judge Owens. Pierce Amended the Petition August 37, 1989. Robert
Mitchell, Assistant Oklahoma County Attorney, who was shown the
supporting court records by Affiant Vincent Germano, filed an
Answer for OK County July 7, 1869, stating in part. “Plaintiff
petition fails to state a claim which relief may be granted as
to the defendant.” “Plaintiff requests an order from this court
which would prevent him from carrying out statutory duties of
his office in the manner prescribed by law, and injunctive
relief sought against this defendant is not authorized or
appropriate under the facts of the case.”
July 25, 1989 -
Following denial of our cause by several Oklahoma law firms, we
filed an Entry of Appearance pro se until Lawyer Charles Rouse
induced us to hire him (a third time) based upon his personal
knowledge of the facts, his affidavit and letter of May 25,
1989, in which he states, in part: “I have received your
chronology and note that on its face, you appear to have an
excellent 1983 action against numerous parties that have
actively conspired against you,” “you can imagine, several of
the defendants, including (bankruptcy) Judge Bohanon, Alan
Durbin, Peter Pierce and the Rolinaitis’ (Bnkrpcy Trustee, are
looking at disbarment in the event that we prevail.” “As you
know, Peter Pierce has a nasty habit of launching a paperwork
blizzard when one is not required. I do not believe that each of
the above listed Defendants would leave no stone unturned in
their attempts to win this suit because of the disastrous
professional and financial ramifications should you win.”
As in each prior
case, lawyer Rouse allowed Pierce III to motion to reassign the
case to his favorite judges; in this case judge James B.
Blevins, whose judgments this suit sought to set aside under OK
Statute, was awarded in violation of our constitutionally
protected right to a trial by jury and due process of law in the
prior sham judicial hearings.
August 18, 1989 -
Letter by attorney Charles Rouse addressed to our home in Texas,
stating, in part: “Enclosed please find our Very Rough First
Draft of the Answer and Cross Petition that we have furnished
for review in your case.” “Prior to finalizing this matter, it
will be necessary to document the violation of E.C.O.A. and
review a copy of the Cross Petition in CJ-85-0095, and the
retaliatory suit that I filed in CJ-95-5070 Case”.
“The reason for this
is that resjudicata on anything filed in the counterclaim which
the judge gave judgment to the bank on our petition (CJ-85-5070)
to vacate earlier upon which the judge gave judgment on, -- all
sustained as per fraudulent Appeal (case # 64,709) prior to
finishing this matter.” “Additionally, we are intending to bring
a cause of action for Damages, mental Duress, Loss of Credit
Standing etc. on your behalf.” “This has not been added to the
rough draft, BUT WILL BE ADDED IN THE FUTURE”
Lawyer CHARLES R.
ROUSE, however, FILED THE SAME “VERY ROUGH FIRST DRAFT” as our
Answer and Cross Petition...!
September 1, 1989 -
Reply To (our) Counterclaim, by Pierce for his bank, he
continued lying; fraud upon the court, in part: “claims are
barred by statutes of limitations, and the doctrines of issue
preclusion and claims preclusion.”
September 1, 1989 -
U.S-Bankruptcy Court Trustee L. Win Holbrook once-again filed
his perjured Affidavit extending his bankruptcy fraud into this
state court action case # CJ-89-5990.
September 26, 1989 –
Affiant’s cover letter submitted with our Affidavit, mailed to
Robert Macy, Oklahoma County District Attorney, requesting a
Grand Jury investigation into our complaint involving violations
of our civil rights and criminal laws perpetrated under color of
law in the state-federal courts, above. The OK County District
Attorney also failed to respond.
January 8, 1990 –
Affiant letter to attorney Rouse requesting him to perform
discovery and other services-he advised were vital to our case.
As in his prior appearances, he failed to conduct discovery
beginning in Plaintiff Bank’s foreclosure suit.
January 12, 1989 –
Affiant letter in response to attorney Rouses letter with Pierce
III’S Requests For Interrogatories Admissions And Documents
THREE (3) DAYS before they were due in Pierces Oklahoma City
office, knowing we couldn’t complete them in time.
January 22, 1990 - AS
IN EACH PRIOR ACTION, Pierce filed his bank’s Motion For Summary
Judgment And Notice Of Hearing.
January 27, 1990 –
Affiants son Wayne FedExed a letter to attorney Rouse with our
Discovery drafts and Admissions and request that Rouse demand a
trial by jury and that answers to Pierces discovery requests
will be delivered to you by Monday February 5, 1990.
January 30, 1990 -
Affiants Grievance filed with the Oklahoma Bar asking Dan
Murdock not to discipline Charles Rouse, but to have him cease
neglecting duties and legal actions which he advised were
critical to our legal defense and cross petition. OK State Bar
denied ten (10) grievances in collusion with its members to
evade discipline to continue conspiring in the bank’s conspiracy
of political corrupted predatory lending scheme.
January 30, 1990 –
Affiant letter to Rudolph Hargrave, Chief Justice, Oklahoma
Supreme Court, outlining case history of violations of due
process of law with a copy of our grievance to the Okla. Bar
Association, requesting him to order Rouse to perform legal
services in our defense. The justice didn’t respond to our pleas
for help.
February 7, 1990 –
Following lawyer Rouse’s failure to move for judge Blevins’
recusal, which he advised was vital to our right to due process
of law, Affiants filed an application for his refusal which was
ignored.
February 8, 1990 -
Order and Judgment, U.S. 10th Circuit Court of Appeals affirming
the District Court Ruling Striking our lawsuit; “two orders”
denying en banc rehearing and stay issuance of the mandate until
the U.S. Supreme Court rules of our motion. The Orders cite
facts and legal precedent having no record support of case
history of violations of constitutionally protected due process
and trial by jury touched on herein.
March 14, 1990 -
Motion To Withdraw by attorney Charles Rouse, asserting, in
part; that we refused to cooperate in discovery required by
statute. That we have filed pleadings in this matter having no
merit; Vincent Germano’s overwhelming fixation with this matter
appears to be psychogenetic IN NATURE obstructing his rational
analysis of the situations faced in the course of this
litigation”.
With the probable
granting of Plaintiff Bank’s Motion For Summary Judgment,
Affiant Vincent Germano “underwent a psychiatric examination by
Dr. Jose Carranza” and mailed the finding to Judge Blevins
asking that he deny Rouses motion, as a replacement attorney
was not available to us in Oklahoma, it too was denied.
March 25, 1990 - Our
letter to attorney Rouse (Certified Mail-Return Receipt
Requested), in part: That he move the court to vacate its Order
granting Defendant’s Motion For Imposition of Sanctions, by
DEFAULT following (Rouses) failure to attend the hearing.
April 2, 1990 -
Plaintiff’ Bank Pierce III’S motion, Concurrence With (Rouses)
Application To Withdraw As attorney Of Record.
April 9, 1990 -
Letter by lawyer Rouse to Germano’s, in part: Upon ORAL MOTION
the court vacated sanctions, then re-imposed sanctions after
learning that you refused to Verify the Answers, and admonished
Affiants for “claiming injuries that don’t exist.” Rouse
withheld from the court that we requested him to replace
Verifications that he had mailed to us because they were
“illegible copies” and would have been rejected by Pierce III
anyway.
May 3, 1990 - Our
letter sent by Certified Mail to Robert L. Mitchell, Assistant
D. A. Oklahoma City, OK, complaining, in part, of bankruptcy
Trustee Holbrook’s false sworn Affidavit submitted in support of
Pierce III’S motion for summary judgment. No response.
June 10, 1990 -
Affiants one page cover letter to the Clerk of the U.S. Supreme
Court, with three supporting instruments attached thereto,
evidencing a conspiracy of denials of constitutionally protected
right to due process of law, through the pattern of the
political corruption of the judicial and legal systems, were
denied.
Juuly 17, 1990 -
Affidavit Of Judgment, and Journal Entry Of Judgment on bank’s
lawsuit, case #CJ-89-5990, dismissing our Cross Petition, and
PERMANENTLY ENJOINED AND RESTRAINED Germano’s from filing legal
action against the Bank, its parent, Devonshire Investment
Company, and American Inn Motel Of Oklahoma City, Inc. (our
motel). The criminally perjured VERY ROUGH FIRST DRASFT OF OUR
CROSS PETION named only the bank. Pierce III mailed to our home
in Texas, letters addressed to Affiants and Robert Mitchell,
Assistant D.A., Oklahoma County, OK, (who refused our requests
to cease such fraud, FRAUD UPON THE COURT shown above) with
Appellee ‘s Journal Entry of Judgment levied by judge Blevins
July 17,1990.
September 25, 1990 -
Order, Oklahoma Supreme Court, denied our (pro se) Writ of
Mandamus to disqualify Judge Blevins, which states “adequate
remedy by appeal”. The Order was signed by Chief justice (Hargrave)
who had failed to respond to our letter and copy of our bar
grievance dated January 30, above, asking to prevent Rouse from
abandoning our cause.
May 21, 1991 - We
filed pro se, Motion and Brief To Sanction Peter G. Pierce III,
in the Oklahoma Supreme Court. Blumenthal didn’t controvert the
facts and case law asserted by Pierce, having no relationship to
his and our legal counselors litany of fraud, corruption shown
in part herein.
U.S. Supreme Court:
following our legal counselors’ systematic refusal to move the
court to disqualify Judge Blevins and demand a trial by jury
since January 4, 1985, our son Wayne drafted our Corrected
Combined Motion To Disqualify And Sanction Peter G. Pierce III
And Strike Brief In Opposition To Petition For Writ Of
Certiorari. It was filed stamped May 1 and June 10, 1991.
July 4, 1991 - U.S.
SUPREME COURT denied our Brief In Support Of Plaintiff’s
Combined Motion To Reconsider And Vacate The Related Orders etc.
and the Order by Judge Phillips of July 21, 1987. The
“Constitutional Court” denied a total of FIVE pleas for
appellate relief from violations of constitutionally protected
due process in each and every case at the hands of the lawyers
of the nine (9) Oklahoma law firms who undertook our cause since
1985.
January 18, 1993 -
Oklahoma Supreme Court; one of the pleadings filed by Affiants
pro se: Appellants’ Amended Petition For Writ of Certiorari. The
justices also ignored the ten page petition of a compelling
overview of the extraordinary history of violations of every
element of Constitutionally protected Due Process-through which
judges seized our motel for the bank and ended a successful
family business.
October 18, 1994 -
Attorney Charles Rouse stated in his letter to us, “Thank you
for a copy of your disillusioned diatribe. As you are aware, it
contains numerous slanderous and false statements. Only your
poverty prevents me from seeking remedy. I hope you get the help
you need”.
October 15, 1999 -
U.S. District Court, Houston, TX: Lawsuit filed pro se and
DOCKETED A CIVIL RIGHT CASE, against First Bethany Bank &
Trust, N.A., case #H-98-CV-2688, demanding a trial by jury. It
also named its officers, directors and privies, jointly,
individually and severally. The suit was supported by our (15
page) Affidavit listing the cases in Oklahoma State and U.S.
Courts of the Western District of Oklahoma, outlined above.
The suit listed the
cases (all limited to sham judicial proceedings by judges shown
by the court records, were reassigned in each case whose family
members married and associated with high profile parties
involved in the dispute, who openly conspired with our legal
counselors in moving the court to grant banks motions and
briefs, for judicial foreclosure and summary dismissal and to
strike our retaliatory lawsuits.
As in each of the
Oklahoma cases, the case was reassigned to another judge, and
bank’s Houston, TX, law firm, filed its Answer, absent demand
for a trial by jury. The judge ignored evidence upholding the
very reason the clerk docketed our suit as a CIVIL RIGHT CASE.
The court was shown our suit stems from history of judicial
foreclosure through bankruptcy rimes, and summary
dismissal/striking of our retaliatory legal actions in state and
federal courts in Oklahoma State.
And, that the
affidavit filed in support of banks Answer, OMITS case number
from the rendition of cases, the (Adversary suit No. 86-0423
corruptly prosecuted by Peter G. Pierce III while corruptly
action as trustee’s counsel) while his bank was a defendant in
our motel’s lawsuit on appeal and chose in action himself).
Trustee Michael Rolinaitis and wife, had troubled loans with
lawyer Peter G. Pierce III’S First National Bank of Bethany OK.
September 29,
1999-Judge John Rainey acted in concert with Peter G. Pierce III
to continue the cover up, suppression of case history of such
pre-petition and bankruptcy crimes, fraud upon the court.
Federal judge Rainey violated court rules and settled precedent
to strike our lawsuit in such cases docketed a CIVIL RIGHT CASE,
on a (7) page Memorandum and Order granting Pierces Motion and
Brief, for Summary Judgment, a ploy by bank’s lawyer Peter G.
Piece III, used in moving the courts for judicial foreclosure,
and summary dismissal and strike our retaliatory legal actions
from January 4, 1985 to the present date.
November 16,
1999-Affiants appealed the ruling in the U.S. Fifth Circuit
Court of Appeals, case # 99-20969.
December 27,
1999-Clerk letter notifying Affiants in part, the appeal was
docketed, and included a caption for the appeal and instructed
Affiants to use it on any briefs you file with this court.
Affiants promptly notified the Clerk the caption was not
correct, that our prior legal counselors and the judges were
named bank’s co-conspirators-not defendants as stated, the Clerk
failed to correct the caption severely prejudicing Affiants.
Affiants filed
numerous pleadings in the Appeal, however, our concern for its
defeat arose with Deputy Clerk Janne Winne’s directives by phone
and U.S. Mail, that deceived Affiants into canceling our timely
filed motions for en-banc rehearing of court rulings denying our
motion to supplement the record, in defense of repeated
slanderous and falsified facts and legal precedent to defeat our
appeal.
Thus, the Deputy
Clerk deprived us the right of reconsideration by the full court
of such wrongdoing and slanderous pleadings pursuant to court
rules governing en bank rehearing.
July 13, 2000 -
Appellee Bank’s Louisiana counsel filed bank’s Original Brief,
replete with falsified factual history and three pages of
Authorities having no record support and crossed the line of
common decency: The bank’s lawyers slandered and accused us of
abuse of process and waste of tax resources - which the court
records prove the bank and coconspirators to be guilty of.
The bank’s counsel
stated, in part: “Blinded by Ignorance and Obsession, the
Germano’s filed suit in the Southern District of Texas in July
1999, asserting the same claims based upon some FAUX
conspiracy.” “The Germano’s have abused the civil court system
for nearly a generation. They have plagued First Bethany,
forcing it to defend claims wholly lacking in merit. Unable to
respond in damages or monetary sanctions, living on exempt
income with relatives in Houston’s luxurious Kingwood addition,”
“the Germano’s approach the courts with impudence and contempt.”
”First Bethany
respectfully submits that the District Court order dismissing
the Germano’s case (and in the alternative entering summary
judgment should be affirmed with sanctions against the
appellants).” The order is legally correct and furthers the
policy that frivolous Complaints ought not vex either those
called to defend an overtaxed judiciary, or the third party in
all Litigation, the Taxpayers whose money the Germano’s have
repeatedly squandered.”
November 10, 1999 -
Letter by Meredith Ann Pierce asking to direct correspondence to
her at the Jones, Walker law firm in Baton Rouge, Louisiana. Ms.
Pierce, an Oklahoma resident is the grand-daughter of Peter
Pierce Sr., Appellee bank’s President, majority stockholder and
board chairman.
Affiants,
(Appellants) motioned the court complaining about attorneys, E.S.
Wilson’s slanderous language and Meredith A. Pierces conflict of
interests. Appellees Louisiana counsel responded stating that
Wilson and Ms. Pierce were dismissed and replaced.
February 9, 2000 -
Appellants petitioned the Senate Judiciary Committee, with
supporting exhibits stating our concern for the likely defeat of
our appeal and asked the committee, having oversight powers of
such legal system corruption, to bring finality to a gross
miscarriage of justice and civil rights violations that have
devastated our lives since 1985. August 1, 2000 - Appellants
filed a comb-bound (Appellants) Motion To Supplement The Record
consisting of (15) pages of text defining the (42) key court
records included therein. How the lawyers of nine (9) law firms
conspired with bank’s insider-lawyer to move the courts to evade
a trial by jury and due process by awarding bank (summary
judgments) in each case to take possession of our AI and dismiss
and strike our legal actions.
August 31, 2000 -
Appellee bank’s (3 page) Motion, response to our Reply to
Appelless Original Brief asking the court to strike our
Response, stating in part: “The Germano’s are persistent in
their attempt to supplement the record with offensive
allegations of professional misconduct, unethical, and illegal
behavior of the Appellee and its officers, directors and
lawyers. Appellant’s response to Apelles’s Motion To Strike is
insulting to the Court and ignores the significance of the
Appellate Rules of Appellate procedure (“FRAP”) and federal
precedent.”
”Furthermore, the
Germano’s seek to remand this case to the district court for a
trial by jury on the merits, and have been litigating this issue
and harassing the Appellee for over fifteen years. The District
Court properly granted Appelless motion for summary judgment.
The Germano appeal is frivolous and a continuous waste of time
and resources. The Court should not allow pro se litigants to
ignore the rules that our federal system has in place for its
judicial process.
September 7, 2000 -
Our motion “Complaint Regarding Appellee Counselor’s Disregard
For The ABA’S Model Rules Of Professional Conduct,” in part:
Appelles’s Louisiana counsel, rather than submit evidence to
disprove our claims, persists in slandering us and alleging our
pleadings are insulting to this Court. Appellants ask the Court
to protect us from further abuse and require Appelless Louisiana
counsel to withdraw from representing Appellee and to grant our
motion to supplement the record and for what other relief this
court deems justifiable under the extraordinary facts of our
case.” Our Motion is also not listed on the Docket.
September 13, 2000 -
Court issued its Order denying Appellant’s motion to supplement
the record, and granted Appelless motion to Strike our Motion to
Supplement the record. Had the court approved our motion to
supplement the record, the interests of justice would have
compelled remanding our case to the district court for a trial
by jury on the merits, a right of due process of law
conspiratorially denied us since January 4, 1985.
September 22, 2000 -
Appellants timely filed Appellants Motion For En banc
Reconsideration Of The Court Order Denying our Motion To
Supplement The Record, docketed August 1, 2000 (above). Due to
concern for the likely defeat of our appeal, due to a court
clerk’s misleading phone and written directives, February 9,
2001, Appellants petitioned Senator Leahy, Chairman, of the
Senate Judiciary Committee, to invoke congressional oversight
powers to defend the constitutionally protected right to trial
by jury and due process.
The court, however,
disregarded settled precedent in such cases ruled to uphold the
lower court order Striking our lawsuit docketed a civil rights
case. Though, no written response was received from the Senate
Judiciary Committee to our petition, a court clerk (by phone)
informed us that that our appeal was reopened. Following denial
of our motions for en banc rehearing of our motion to supplement
the record with the court instruments, our case was dismissed a
second time.
Thus, the lawyers and
concert acting judges named/pictured on our website,
www.predatorybankers.com, have employed the legal system through
the bank’s felony enterprise of violations of constitutionally
protected due process to conduct its predatory lending scheme to
take our motel representing all that we worked for since our
marriage in 1948, and drive us out of a successful business and
only source of income.
FURTHER, Affiants
sayeth not.
Vincent James Germano
Subscribed and sworn
to before me on this _____ day of __________, 2011.
Notary Public
__________________________________________________
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