Motion to Stay Illegal Execution as a Matter of Law

8/9/2019 Motion to Stay Illegal Execution as a Matter of Law

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UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

JENNIFER FRANKLIN PRESCOTT, DR. JORG BUSSE, Plaintiffs,

versus Case # 2:10-cv-00390-JES-AEP

CHARLENE EDWARDS HONEYWELL; SHERI POLSTER CHAPPELL;JOHN EDWIN STEELE; JENNIFER WAUGH CORINIS; A. BRIAN ALBRITTON,

Defendants.

INDEPENDENT ACTION

FOR RELIEF FROM GOVERNMENT CRIMES, CORRUPTION,AND FACIALLY FRAUDULENT WRIT OF EXECUTION

____________________________________________________________________________/

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

PUBLISHED NOTICE OF ILLEGAL EXECUTION UNDER FLORIDA LAW

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

00228.

NO $5,048.60 JUDGMENT WAS EVER RECORDED

2. “No execution or other final process shall issue until the judgment on which it is based has

been recorded nor within the time for serving a motion for new trial or rehearing.…

Fla.R.Civ.P. 1.550. Here, no “ judgment in the amount of $5,048.60” was ever “recorded ”,

Case No. 2:2007-cv-00228. Here, no evidence of any such judgment ever existed or could

have possibly existed as a matter of law.



DEFENDANT CLERKS’ FALSIFICATIONS OF OFFICIAL RECORDS

3. On 07/16/2010, Defendant U.S. District Clerks Drew Heathcoat and Diane Nipper again

falsified and altered official documents and records for criminal and unlawful purposes of

obstructing justice and Plaintiffs’ court access.

4. In particular, the Clerk obstructed, and conspired with other Defendants to obstruct,

electronic court access, court access, and the filing of Plaintiffs’ pleadings, Case No. 2:2007-

cv-00791; 2:2009-cv-00791. In particular, Defendants Nipper and Heathcoat deliberately

deprived the Plaintiffs of their express fundamental rights to redress Government grievances,

and file their Motions for new trial and rehearing, and Notices of Appeal.

DIRECT INDEPENDENT ATTACKS OF CRIMINAL & ILLEGAL “ EXECUTION ”

5. Here on the record, the Plaintiffs have been directly attacking the prima facie criminality,

illegality, and nullity of the fraudulently procured “execution”, which issued illegally. See §

56.15, Fla. Stat.; Case No. 2:2007-cv-00228; 2:2010-cv-00089; 2:2010-cv-00791.

PRIMA FACIE LACK OF RECORD, FED.R.CIV.P. 44

6. On 07/16/2010, Defendant Corrupt U.S. District Clerk Drew Heathcoat obstructed to issue

“a written statement that a diligent search of the designated records in Case No. 2:2007-cv-

00228 revealed no “writ of execution” and no “judgment” awarding “$5,048.60” to

Defendant K. M. Wilkinson.” See Fed.R.Civ.P. 44.

PRIMA FACIE ORGANIZED PUBLIC CORRUPTION

7. The fake “writ of execution”, Case No. 2:2007-cv-00228, is another publicly recorded

element of organized Government and judicial corruption with corrupt intent to extort fess

and property from the Plaintiff corruption whistleblowers.

PRIMA FACIE GROUNDS TO STAY ILLEGAL “ EXECUTION ” OF RECORD



8. Repeatedly, the Plaintiff public corruption victims stated several grounds as good cause to

stay the illegal execution. Grounds for the motion appeared on the face. Here, e.g., no

judgment had existed. See Docket Case No. 2:2007-cv-00228. The purported basis for the

non-existent judgment had never existed , because Def. Forger Wilkinson had never filed any

“ Rule 38 motion”. See Docket for Case No. 2:2007-cv-00228.

RECORD EXTORTION AND FORGERIES BY DEF. APPRAISER WILKINSON

9. Because, e.g., Def. Forger Wilkinson had criminally and illegally forged “land parcels”

“12-44-20-01-0000.00A0” and “07-44-21-01-00001.0000”, Plaintiffs’ Appellants’ Appeal

had been highly meritorious, and no “ frivolous appeal ” could have possibly existed .

RECORD FABRICATION OF “FRIVOLITY ” AND “ JUDGMENT ”

10. No “ frivolity” was ever determined in the “ judgment ”, Doc. # 365, Case ## 2:2007-cv-00228;

2008-13170-BB. Here, no monetary penalty had ever been awarded to Defendant

Government Crook Wilkinson.

PUBLICLY RECORDED FALSIFICATION OF RECORDS

11. For criminal and unlawful purposes of obstructing justice and court access and perpetrating

fraud on the Courts, Defendants John E. Steele, Sheri Polster Chappell, Charlene E.

Honeywell, Mark A. Pizzo, and Richard A. Lazzara falsified and altered, and conspired to

falsify and alter, public records.

12. Said judicial Crooks knew and fraudulently concealed that no “regulation”, “resolution”,

“resolution 569/875”, “law”, “legislative act ” had ever existed , and that as a matter of

supreme Florida and Federal law, no “law” could have possibly divested the Plaintiffs’ of

their unimpeachable record title to Parcel # 12-44-20-01-00015.015A, PB 3, PG 25 (1912).



13. Doc. # 386-2, Case No. # 2:2007-cv-00228, evidenced an illegal “motion” filed on

08/20/2008 under fraudulent pretenses. Here, the deadline for any hypothetical “ Rule 38

motion” had terminated on or around 08/08/2008, and Def. Wilkinson had never filed

anything prior to said deadline to justify any judgment or monetary punishment. Therefore

here, no lawful basis could have possibly existed , and the illegal “execution” has been

fraudulent on its face.

PRIMA FACIE ILLEGAL “writ of execution” - AFFIDAVIT

14. Here, no lawful writ of execution had ever been issued . Furthermore, the Plaintiffs made an

Affidavit that the “execution” is illegal and stated as grounds, e.g., the lack of any

supporting judgment, the lack of any falsely alleged “ Rule 38 motion” by Defendant K. M.

Wilkinson.

PLAINTIFFS’ COMMUNICATIONS OF PUBLIC CORRUPTION AND FELONIES

15. Plaintiffs again contacted Defendant Crooked Attorney Jack N. Peterson for Def . Forger

Kenneth M. Wilkinson and reported said publicly recorded public corruption, extortion,

coercion, and fraud, Tel. 239-533-2236.

07/19/10 COMMUNICATIONS TO FEDERAL BUREAU OF INVESTIGATION

16. On 07/19/2010, Plaintiff public corruption victim Jennifer Franklin Prescott updated the

Federal Bureau of Investigation about the public corruption, extortion, fraud, and fraudulent

“writ ”.

PRIMA FACIE FRAUD ON THE COURT AND EXTORTION

17. Furthermore, the Plaintiff corruption victims move this Court to “set aside“ the non-existent

judgment and “writ ” in accordance with, e.g., Fla.R.Civ.P. 1.540(b), 1.500, and/or 1.540(a).



18. In the prima facie record absence of any recorded judgment , any writ of execution, and any

“ Rule 38 motion”, Defendants illegally and fraudulently procured an illegal “writ ”.

19. Furthermore here, there were other pending actions affecting the subject matter and

conclusively evidencing the prima facie illegality of the fake “writ ”, direct attacks upon its

criminality, as well as fraud, extortion, and corruption. See also Daytona Enterprises, Inc. v.

Wagner, 91 So.2d 171 (Fla. 1956); Childs v. Boats, 112 Fla. 282, 152 So. 214 (1933);

McGee v. Ancrum, 33 Fla. 499, 15 So. 231 (1894); Fair v. Tampa Electric Company, 158

Fla. 15, 27 So.2d 514 (1946); Viggio v. Wood, 101 So.2d 922 (3 D.C.A. 1958).

WHEREFORE, Plaintiffs demand

1. An Order enjoining the publicly recorded illegal “execution”-scheme under Florida law;

2. An Order granting the Plaintiffs summary remedies against the record public corruption

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

3. An Order staying the illegal and null & void “writ of execution” and any “execution”;

4. An Order enjoining any further public corruption and the record falsification of “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”;

5. An Order enjoining Defendant Forger K. M. Wilkinson from forging and falsifying official

records and documents for criminal and unlawful purposes of, e.g., extorting unrecorded

fees and property under facially false pretenses of a non-existent “5 ,048.60 judgment ” and

fictitious “writ of execution”.

__________________________________ /S/JENNIFER FRANKLIN PRESCOTT

Governmental Corruption & Fraud Victim, Plaintiff, pro se

P.O. BOX 845, Palm Beach, FL 33480; T: 561-400-3295 ____________________________________ /S/JORG BUSSE, M.D., M.M., M.B.A., C.P.M. Judicial Corruption & Crime Victim; Plaintiff, pro se

State Cert. Res. Appraiser, Licensed Real Estate Broker, Mortgage Broker, Appraisal Instructor



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Motion to Stay Illegal Execution as a Matter of Law

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