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  • Affidavit of Legal Actions Updated September 28, 2011 as Documented by Court Records....

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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