Motion for Judicial Notice of Non-Appearance

8/8/2019 Motion for Judicial Notice of Non-Appearance

1/15

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT

IN AND FOR COLLIER COUNTY, FLORIDA

BANKUNITED,

as [purported]successor in interestto [SEIZED] BANKUNITED, FSB.,

purported plaintiff,

vs. DISPOSED CASE NO.: 09-6016-CA

JENNIFER FRANKLIN-PRESCOTT, et al.

NOTICE OF LACK OFJURISDICTION

___________________________________________________________________________/

MOTION FOR JUDICIAL NOTICE OF NON-APPEARANCEBY Andrew L. Fivecoat

AND FRAUD ON THE COURT BY ALBERTELLI LAW, FLA. R.CIV.P. 1.540

NOTICE OF UNAUTHORIZED & UNLAWFUL 09/02/10 hearing

1. The Clerks Docket [RUN DATE: 09/01/2010] failed toprovide:

a. Any notice of hearing; b. Anyname of anysetting party;

c. Any referral to and/orauthority by purported magistrate Antonio J. Perez-Benitoa.

2. On 09/01/2010, PM, the Clerk of Court, Assistant Director Darlene Muszynski, kindly

provided the attached Docket information as to this fraudulent action by bankrupt and

seized BankUnited, FSB:

Plaintiff(s) Attorney: Serena Kay Paskewicz, Esq.

See attached CIVIL ACTION PROGRESS DOCKET, 09/01/2010.

Here, Serena Kay Paskewicz is not any authorized attorney.

Here, Andrew Heathcoat is not any authorized attorney. Said Andrew Heathcoat did not file

any notice of appearance pursuant to the Clerks record. Here, Heathcoat was not authorized

tosetany magistrate hearing in the absence of J. Franklin Prescotts consent.


2/15

2

3. Here on 09/01/2010, PM, and in the presence of witnessing Magistrate McGarity, the

Magistrates Office, Rose, confirmed receipt of Franklin Prescotts Notice of Non-Consent

and Objection to any magistrate hearing and/or any hearing before Antonio J. Perez-

Benitoa.

4. Furthermore, Tony Perez is not any legal name of any authorized magistrate. The identity

of Tony Perez is uncertain and unclear. Here, Tony Perez has no authority, whatsoever.

NOTICE OF NON-CONSENT

5. NOTICE IS HEREBY GIVEN of Jennifer Franklin Prescotts non-consent and

cancellation ofunauthorized 09/02/2010 hearing because there was

a. Non-consent by J. Franklin Prescott [see 09/01/2010 filings];b. Noorder of referralto any magistrate;

c. Nonotice of any hearing;

d. Norecorded filingof any hearing notice;e. Nosetting party of record.

6. Pursuant to the Magistrates Office, Supervisor Debbie, Rose, 239-252-8870

a. Jennifer Franklin Prescott faxed her filed and recorded NOTICE OF NON-CONSENTand NOTICE OF OBJECTION to the Magistrates Office;

b. Jennifer Franklin Prescotts MOTION TO DISMISS is not to be heard in the recordabsence of any notice of hearingrequired under the Rules. See Docket of this disposedCase.

7. NOTICE IS HEREBY GIVEN of Jennifer Franklin Prescotts service of NOTICE OF

DISPOSITION AND NON-CONSENT upon the magistrate and/or Antonio J. Perez-Benitoa

at:

a. Magistrates Office, c/o Supervisor Debbie, Rose

Naples Courthouse5

thFloor

Naples, FL 34112

T: 252-8331, F: 252-8870 and

b. Antonio J. Perez-Benitoa, P.A.

C/o Feliz and Kristel

900 Sixth Avenue SouthSuite 303


3/15

3

Naples, Florida 34102

Telephone: 239-430-1884Fax: 239-430-1885

http://www.tonypblaw.com

8. Jennifer Franklin Prescott, record holder of unencumbered title to the subject property

[address: 25 6th

ST North, Naples, Florida 34102] does not consent and objected to any

referral to any magistrate, hearing officer, and/or special master, Rule 1.490, Florida

Rules of Civil Procedure.

JENNIFER FRANKLIN PRESCOTTS OBJECTIONS TO ANY magistrate

9. In particular, J. Franklin Prescott objects and did not consentto any magistrate

a. findings of fact;

b. conclusions of law.

MEMORANDUM

A REFERRAL TO A MAGISTRATE REQUIRES THE CONSENT OF ALL

PARTIES. JENNIFER FRANKLIN PRESCOTT IS ENTITLED TO HAVE THIS

MATTER HEARD BY A JUDGE AND DOES NOT WANT TO HAVE THISMATTER HEARD BY ANY MAGISTRATE. JENNIFER FRANKLIN PRESCOTT

FILE A WRITTEN OBJECTION TO FICTITIOUS referral PRIOR TOCOMMENCEMENT OF THE HEARING.

Here, no hearingcanpossibly commence.

PUBLICLY RECORDED 08/12/2010 FINAL DISPOSITION

10. On 08/12/2010, Def. Judge Hugh D. Hayes disposed of the fraudulent action.

NO order of referral

11. Here, there were

a. 08/12/2010 Final Disposition;

b. Noorder of referral;c. No notice of any hearing;

d. J. Franklin Prescotts non-consent and objection to any magistrate referraland hearing.


4/15

4

RECORD LACK OF note and mortgage

12. Here, in the recorded absence of any note and/ormortgage, there was

a. Noagreement;

b. Nodebt;c. Nolien;

d. No BankUnited interest.

LACK OF NOTICE OF ANY hearing

13. Court staff asserted and published:

A party/attorney scheduling a hearing mustconcurrently notice the matter in

conformance with the Florida Rules of Civil Procedure and ensure timely notice is served on all pro se parties and counsel of record in advance of the hearing. The

original notice must be timely filed with the Clerk of Court. The Judges and

Magistrates ask that no courtesy copies be sent to their offices on foreclosure casesonly. The setting party/attorney is responsible for preparing and filing the Order of

Referral pursuant to Rule 1.490, Fl. Civil Rules of Court (also can be found at

www.ca.cjis20.org/web/main/magistrates as a reference, no more signed Order of

Referrals from the above website will be accepted). You will be required to submit

your proposed Order of Referral to the appropriate Judge for each hearing in front

of the Magistrate. This will include all hearings for 10, 15 or 30 minutes and

Special Set hearings. (This will also include any Summary/Default Judgment

hearings requesting more than 5 minutes.)

Here, no notice was servedon Jennifer Franklin Prescott. Here, nothing, no matter, and no

hearingwere noticedin violation of the Florida Rules of Civil Procedure.

BANKUNITED, FSBS LACK OFstanding

14. Pursuant to 48.23, Fla. Stat.,

1. A notice oflis pendens must contain the following:

a. The names of the parties.


5/15

5

Here, the fraudulent notice of lis pendens contained BankUnited, FSB. However here,

said BankUnited was not any note/mortgage holderorparty. Here, U.S. agents had seized

BankUnited, FSB.

15. Furthermore here, Jennifer Franklin-Prescott was mischaracterized as a married woman

and Walter Prescott as her husband. However here, Walter Prescott is not the

husband of Jennifer Franklin Prescott. Here, the notice of lis pendens did not contain the

parties names.

NOjurisdiction

16. Here, BankUnited, FSB was

a. Not anyparty; b. Had nointerest;

c. Had nostanding.

Here, bankrupt BankUnited, FSB, had nostanding, and this Court has nojurisdiction.

RECORD APPEAL - NOjurisdiction

17. Here after disposition and Jennifer Franklin Prescotts Notice of Appeal, this Court had no

jurisdiction:

NOTICE OF RELEASE & DISCHARGE OF FRAUDULENT lis pendens, CH. 48, F.S.

18. The fraudulent notice of lis pendens, purported INSTR 4318185, Collier County Records,

has been released and discharged. Here admittedly, no note or mortgage could be

established, Ch. 48, 71, F. S. Purported Plaintiff bankrupt BankUnited failed and was


6/15

6

seized. In the record absence of any note ormortgage, said seized banks fraudulentaction

and notice were null & void and did not operateas a lis pendens, Ch. 48.

19. Furthermore, a lis pendens is not effectual for any purpose beyond 1 year from the

commencement of the action and expires, 48.23, Florida Statutes.

20. Here, the pleadings conclusively proved that no action could befoundedon any lost and/or

destroyed note and/or instrument. Therefore, the bankrupt and seized banks non-

meritorious action not possibly affect the subject property, and the court controlled and

discharged the fraudulent notice oflis pendens, 48.23, Fla. Stat. The Docket showed the

08/12/2010 Final Disposition by Def. Judge Hugh D. Hayes.

08/12/2010 FINAL DISPOSITION, FLA.R.CIV.P. 1.998

21. Hereby, prevailing Jennifer Franklin Prescott filed the Final Disposition Form pursuant to

Florida Rules of Civil Procedure 1.998, 25.075, Florida Statutes. The Docket evidenced

Judge Hugh D. Hayes 08/12/2010 Final Disposition before any hearing.

22. Here, the Docket and official record alterations were

a. Arbitrary and capricious;

b. Unlawful.

EXHIBITS: NON-CONSENT

Three (3) Certificates of Facsimile Transmission to Antonio J. Perez-Benitoa.

Certificates of Court Filings.


7/15

7

CERTIFICATE OF SERVICE AND PUBLICATION

I HEREBY CERTIFY that a true and correct copy of the above has been furnished to the

purported non-plaintiff, James E. Albertelli, Erin Quinn Rose, and Erin Rowland, Albertelli Law,

P.O. Box 23028, Tampa, FL 33623, Magistrates Office, Debbie, Supervisor, Fax: 239-252-8870, Defendant Antonio J. Perez-Benitoa, 900 Sixth Avenue South, Suite 303, Naples, Florida

34102, and Defendant Judge Hugh D. Hayes, Naples Courthouse, 3301 E. Tamiami Trail,

Naples, FL 34112, on this 1st

day of September, 2010.

The pleading is also being published worldwide.

________________________

/s/Jennifer Franklin Prescott, Prevailing Victim of seized BankUniteds record fraud


8/15

Judicial Automated Calendaring System

12th Judicial Circuit - Manatee CountyDocket

MANATEE JUDGE

Thursday, August 26, 2010

20 of 41

11:00 am 5 min Case: 2008-CA-0004155 Motion: SUMMARYJUDGMENT

FIVECOAT, ANDREW LEE(813) 221-4743

vs.

Plaintiff: BANKUNITED, FSB Defendant: JOEL FOWLER Division(B/D):

B

Attorneyappearingforhearing:

ANDREW FIVECOAT Attorney'sphonenumber:

866-606-5136

11:00 am 5 min Case: 2009-CA-0011322 Motion: SUMMARY

JUDGMENT

COX, RYAN THOMAS(954) 564-0071

vs.

Plaintiff: US BANK Defendant: VICKREY Division(B/D):

B


TANYA SIMPSON Attorney'sphonenumber:

800-807-1179

11:00 am 5 min Case: 2007-CA-0002347 Motion: SUMMARYJUDGMENT

POLLACK, BILLI K(954) 233-8000

vs.

Plaintiff: GMAC MORTGAGE,LLC

Defendant: JAMES E. ROSSI Division(B/D):

B


LINDA MASON Attorney'sphonenumber:

941-928-9131


9/15



MANATEE JUDGE


30 of 41

2:30 pm 5 min Case: 2009-CA-0000667 Motion: SUMMARYJUDGMENT


vs.

Plaintiff: BankUnited, FSB Defendant: Lee Davidson Division(B/D):

D



866-606-5136

2:30 pm 5 min Case: 2009-CA-0010400 Motion: SUMMARY

JUDGMENT

KATZ, ROBYN RACHEL(954) 233-8000

vs.

Plaintiff: GMAC Defendant: CHARLES TANNER Division(B/D):

D


LINDA MASON Attorney'sphonenumber:

941-928-9131


HUMPHREY, KIMBERLY ANNE(813) 880-8888

vs.

Plaintiff: LaSalle Bank Defendant: Guzman Murillo,Carmenza

Division(B/D):

B


Chandra Dasrat Attorney'sphonenumber:

800-371-5677


10/15



MANATEE JUDGE


29 of 41


HEFFERNAN, BART THOMAS(954) 728-3481

vs.

Plaintiff: Fifth Third Bank Defendant: Michael Fayne Division(B/D):

B


Courtney JaredBannan

Attorney'sphonenumber:

954-644-8704

2:00 pm 5 min Case: 2010-CA-0003668 Motion: SUMMARY

JUDGMENT

SCHERMER, ROBERTCHARLES(941) 747-3025

vs.

Plaintiff: First Bank Defendant: Joseph P. Baker Division(B/D):

B


Robert Schermer Attorney'sphonenumber:

941-747-1871



vs.

Plaintiff: BANKUNITED, FSB Defendant: MICHAEL HALL Division(B/D):

B

Attorneyappearingfor

hearing:


866-606-5136


11/15

From: Naplesnano

To:[email protected]; [email protected]; [email protected]; [email protected];

[email protected]

Subject: ANTONIO J. PEREZ-BENITOA - UNAUTHORIZED 09/02/2010 "hearing"

Date:Wed, Sep 1, 2010 6:59 pm

-----Original Message-----

From: Naplesnano

To: [email protected]; [email protected];[email protected]; [email protected]

Sent: Wed, Sep 1, 2010 6:55 pm

Subject: ANTONIO J. PEREZ-BENITOA - UNAUTHORIZED "hearing"

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUITIN AND FOR COLLIER COUNTY, FLORIDA

BANKUNITED,

as [purported] successor in interestto [SEIZED] BANKUNITED, FSB.,purported plaintiff,

vs. DISPOSED CASE NO.: 09-6016-CAJENNIFER FRANKLIN-PRESCOTT, et al.

NOTICE OF LACK OFJURISDICTION___________________________________________________________________________

NOTICE OF UNAUTHORIZED & UNLAWFUL 09/02/10 hearing

1. The Clerks Docket [RUN DATE: 09/01/2010] failed toprovide:

a. Anynotice of hearing; b. Anyname of anysetting party;c. Anyreferral to and/or authority by purported magistrate Antonio J. Perez-Benitoa.

2. On 09/01/2010, PM, the Clerk of Court, Assistant Director Darlene Muszynski, kindly

provided the attached Docket information as to this fraudulentaction bybankrupt andseized BankUnited, FSB:

Plaintiff(s) Attorney: Serena Kay Paskewicz, Esq.

See attached CIVIL ACTION PROGRESS DOCKET, 09/01/2010.

Here, Serena Kay Paskewicz is not anyauthorized attorney.

Here, Andrew Heathcoat is not any authorized attorney. Said Andrew Heathcoat did not file

any notice of appearance pursuant to the Clerks record. Here, Heathcoat was not

authorizedto setany magistrate hearing in the absence of J. Franklin Prescotts consent.

3. Here on 09/01/2010, PM, and in the presence of witnessing Magistrate McGarity, the

9/1/2010 ANTONIO J. PEREZ-BENITOA - UNAUT

mail.aol.com//PrintMessage.aspx 1


12/15

Magistrates Office, Rose, confirmed receipt of Franklin Prescotts Notice of Non-

Consent and Objection to any magistrate hearing and/or any hearing before Antonio J.

Perez-Benitoa.

4. Furthermore, Tony Perez is not any legal name of any authorized magistrate. The

identity of Tony Perez is uncertain and unclear. Here, Tony Perez has no authority,

whatsoever.

NOTICE OF NON-CONSENT

5. NOTICE IS HEREBY GIVEN of Jennifer Franklin Prescotts non-consent and

cancellation ofunauthorized 09/02/2010 hearing because there was

a. Non-consent by J. Franklin Prescott [see 09/01/2010 filings];b. Noorder of referralto anymagistrate;c. Nonotice of any hearing;d. Norecorded filing of anyhearing notice;e. Nosetting party of record.

6. Pursuant to the Magistrates Office, Supervisor Debbie, Rose, 239-252-8870

a. Jennifer Franklin Prescott faxed her filed and recorded NOTICE OF NON-CONSENT and NOTICE OF OBJECTION to the Magistrates Office;

b. Jennifer Franklin Prescotts MOTION TO DISMISS is not to be heard in the recordabsence of any notice of hearing required under the Rules. See Docket of this disposedCase.

7. NOTICE IS HEREBY GIVEN of Jennifer Franklin Prescotts service of NOTICE OF

DISPOSITION AND NON-CONSENT upon the magistrate and/or Antonio J. Perez-Benitoa

at:

a. Magistrates Office, c/o Supervisor Debbie, Rose

Naples Courthouse

5th FloorNaples, FL 34112T: 252-8331, F: 252-8870 and

b. Antonio J. Perez-Benitoa, P.A.

C/o Feliz and Kristel900 Sixth Avenue SouthSuite 303Naples, Florida 34102Telephone: 239-430-1884Fax: 239-430-1885http://www.tonypblaw.com

8. Jennifer Franklin Prescott, record holder of unencumbered title to the subject property

[address: 25 6th ST North, Naples, Florida 34102] does notconsentand objected to any

referral to any magistrate, hearing officer, and/or special master, Rule 1.490, Florida

Rules of Civil Procedure.

JENNIFER FRANKLIN PRESCOTTS OBJECTIONS TO ANYmagistrate




13/15

9. In particular, J. Franklin Prescott objects and did not consentto anymagistrate

a. findings of fact;b. conclusions of law.

MEMORANDUM

A REFERRAL TO A MAGISTRATE REQUIRES THE CONSENT OF ALLPARTIES. JENNIFER FRANKLIN PRESCOTT IS ENTITLED TO HAVE THIS

MATTER HEARD BY A JUDGE AND DOES NOT WANT TO HAVE THIS MATTERHEARD BY ANY MAGISTRATE. JENNIFER FRANKLIN PRESCOTT FILE A

WRITTEN OBJECTION T O FICTITIOUSreferralPRIOR TO COMMENCEMENTOF THE HEARING.

Here, no hearing canpossibly commence.

PUBLICLY RECORDED 08/12/2010 FINAL DISPOSITION

10. On 08/12/2010, Def. Judge Hugh D. Hayes disposed of the fraudulent action.

NO order of referral

11 . Here, there were

a. 08/12/2010 Final Disposition;b. Noorder of referral;c. No notice of any hearing;d. J. Franklin Prescotts non-consent and objection to any magistrate referral and

hearing.

RECORD LACK OF note and mortgage

12. Here, in the recorded absence of anynote and/or mortgage, there was

a. Noagreement;b. Nodebt;c. Nolien;

d. No BankUnited interest.

LACKOF NOTICE OF ANYhearing

13. Court staff asserted and published:

A party/attorney scheduling a hearing mustconcurrently notice the matter inconformance with the Florida Rules of Civil Procedure and ensure timely notice isserved on all pro se parties and counsel of record in advance of the hearing. Theoriginal notice must be timely filed with the Clerk of Court. The Judges and

Magistrates ask that no courtesy copies be sent to their offices on foreclosure casesonly. The setting party/attorney is responsible for preparing and filingthe Order of Referral pursuant to Rule 1.490, Fl. Civil Rules of Court (also




14/15

can be found at www.ca.cjis20.org/web/main/magistrates as areference, no more signed Order of Referrals from the above website willbe accepted). You will be required to submit your proposed Order of

Referral to the appropriate Judge for each hearing in front of the Magistrate. This will include all hearings for 10, 15 or 30 minutes and Special Set hearings. (This will also include any Summary/DefaultJudgment hearings requesting more than 5 minutes.)

Here, no notice was servedon Jennifer Franklin Prescott. Here, nothing, no matter, and nohearing were noticedinviolation of the Florida Rules of Civil Procedure.

BANKUNITED, FSBS LACK OF standing

14. Pursuant to 48.23, Fla. Stat.,

1. A notice oflis pendens must contain the following:

a. The names of the parties.

Here, the fraudulent notice of lis pendens contained BankUnited, FSB. However here,

said BankUnited was not any note/mortgage holderorparty. Here, U.S. agents had seized

BankUnited, FSB.

15. Furthermore here, Jennifer Franklin-Prescott was mischaracterized as a married woman

and Walter Prescott as her husband. However here, Walter Prescott is not the

husband of Jennifer Franklin Prescott. Here, the notice of lis pendens did not contain the

parties names.

NOjurisdiction

16. Here, BankUnited, FSB was

a. Not anyparty; b. Had nointerest;c. Had no standing.

Here, bankrupt BankUnited, FSB, had no standing, and this Court has nojurisdiction.

RECORD APPEAL - NOjurisdiction

17. Here after disposition and Jennifer Franklin Prescotts Notice of Appeal, this Court had

nojurisdiction:

NOTICE OF RELEASE & DISCHARGE OF FRAUDULENT lis pendens, CH. 48, F.S.

18. The fraudulent notice oflis pendens, purported INSTR 4318185, Collier County Records,




15/15

has been released and discharged. Here admittedly, no note or mortgage could be

established, Ch. 48, 71, F. S. Purported Plaintiffbankrupt BankUnited failed and was

seized. In the record absence of any note or mortgage, said seized banks fraudulent

action and noticewere null & void and did not operateas a lis pendens, Ch. 48.

19. Furthermore, a lis pendens is not effectual for any purpose beyond 1 year from the

commencement of the action and expires, 48.23, Florida Statutes.

20. Here, the pleadings conclusively proved that no action could befoundedon anylost and/ordestroyed note and/or instrument. Therefore, the bankrupt and seized banks non-

meritoriousaction not possiblyaffect the subject property, and the court controlled and

discharged the fraudulent notice oflis pendens, 48.23, Fla. Stat. The Docket showed the

08/12/2010 Final Disposition by Def. Judge Hugh D. Hayes.

08/12/2010 FINAL DISPOSITION, FLA.R.CIV.P. 1.998

21. Hereby, prevailing Jennifer Franklin Prescott filed the Final Disposition Form pursuant to

Florida Rules of Civil Procedure 1.998, 25.075, Florida Statutes. The Docket evidenced Judge

Hugh D. Hayes 08/12/2010 Final Disposition before anyhearing.

22. Here, the Docket and official record alterations were

a. Arbitrary and capricious;b. Unlawful.

EXHIBITS: NON-CONSENTThree (3) Certificates of Facsimile Transmission to Antonio J. Perez-Benitoa.

Certificates of Court Filings.

CERTIFICATE OF SERVICE AND PUBLICATION

I HEREBY CERTIFY that a true and correct copy of the above has been furnished to thepurported non-plaintiff, James E. Albertelli, Erin Quinn Rose, and Erin Rowland, Albertelli Law,P.O. Box 23028, Tampa, FL 33623, Magistrates Office, Debbie, Supervisor, Fax: 239-252-8870, Defendant Antonio J. Perez-Benitoa, 900 Sixth Avenue South, Suite 303, Naples, Florida34102, and Defendant Judge Hugh D. Hayes, Naples Courthouse, 3301 E. Tamiami Trail,

Naples, FL 34112, on this 1st day of September, 2010.The pleading is also being published worldwide.

________________________/s/Jennifer Franklin Prescott, Prevailing Victim of seized BankUniteds record fraud


Motion for Judicial Notice of Non-Appearance

Documents

Transcript of Motion for Judicial Notice of Non-Appearance