Notice of Unauthorized & Unlawful "09/02/2010 hearing"
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Transcript of Notice of Unauthorized & Unlawful "09/02/2010 hearing"
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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
___________________________________________________________________________/
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.
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.
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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 record
absence 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 Courthouse
5th
Floor
Naples, FL 34112T: 252-8331, F: 252-8870 and
b. Antonio J. Perez-Benitoa, P.A.C/o Feliz and Kristel
900 Sixth Avenue South
Suite 303Naples, Florida 34102
Telephone: 239-430-1884
Fax: 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
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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 ALLPARTIES. JENNIFER FRANKLIN PRESCOTT IS ENTITLED TO HAVE THISMATTER HEARD BY A JUDGE AND DOES NOT WANT TO HAVE THIS
MATTER HEARD BY ANY MAGISTRATE. JENNIFER FRANKLIN PRESCOTTFILE A WRITTEN OBJECTION TO FICTITIOUS referral PRIOR TO
COMMENCEMENT 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.
RECORD LACK OF note and mortgage
12. Here, in the recorded absence of any note and/ormortgage, there was
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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 cases
only. 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.
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.
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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
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
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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.
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
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Home/ Records Search / Court Records / Public Inquiry / Search Results - ALL / Case - 112009CA0060160001XX
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Case Information Printer Friendly Version
Style: BANKUNITED vs FRANKLIN-PRESCOTT, JENNIFER
Uniform Case Number: 112009CA0060160001XX Filed: 07/09/2009
Clerks Case Number: 0906016CA
Court Type: CIRCUIT CIVIL Disposition Judge: HAYES, HUGH D
Case Type: MORTGAGE FORECLOSURES Disposed: 08/12/2010
Judge: HAYES, HUGH D Reopen Reason:
Case Status: DISPOSED Reopened:Next Court Date: 09/02/2010 Reopen Close:
Last Docket Date: 08/30/2010 Appealed:
Parties
Dockets
Events
Financials
1 of 1 pages. Entries per page: 80
Date Text All Entries
07/09/2009 CA48/REAL PRO PERTY MORTGAGE FORECLOSURE (PRE 2010) (FILING)
07/09/2009 CIVIL COVER SHEET
07/09/2009 COMPLAINT
07/09/2009 NOTIC E OF LIS PENDENS
07/09/2009 PAID $10.00 PER ISSUANCE OF SUMMONS $40.00
07/09/2009 REAL PRO PERTY VALUATION SHEET
07/10/2009 SUMMONS ISSUEDJENNIFER FRANKLIN PRESCOTT/ WALTER PRESCOTT/ JOHN DOE/ MARY DOE/PLACED IN SOUTH FLORIDA PROCESS SERVERS BIN
09/03/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS MARY DOE
10/14/2009 AFFIDAVIT OF LOST OR IGINAL SUMMONS JOHN DOE
10/14/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS JOHN DOE
12/21/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS WALTER PRESCOTT
12/21/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS JENNIFER FRANKLIN-PRESCOTT
02/22/2010 NOTICE OF APPEARANCE
AS CO-COUNSEL BY ERIN M ROSE QUINN ON BEHALF OF PLT
04/06/2010 ALIAS SUMMONS ISSUEDJENNIFER FRANKLIN-PRESCOTT/WALTER PRESCOTT/PLACED IN PROVEST LLC BIN
05/20/2010 AFFIDAVIT OF NON-SERVIC E OF SUMMONS JENNIFER FRANKLIN PRESCO TT
05/20/2010 AFFIDAVIT OF NON-SERVICE OF SUMMONS WALTER PRESCOTT
06/15/2010 COR RESPONDENCE FROM COUNSEL TO CLERK
06/15/2010 AFFIDAVIT OF CONSTRUCT IVE SERVICE AS TO WALTER PRESCOTT
06/15/2010 AFFIDAVIT OF C ONSTRUCTIVE SERVICE AS TO JENNIFER FRANKLIN-PRESCOTT
06/15/2010 AFFIDAVIT OF CONSTRUCTIVE SERVICEAS TO ANY AND ALL UNKNOW N PARTIES CLAIMING
06/15/2010 AFFIDAVIT OF DILIGENT SEARCH AS TO WALTER PRESCOTT
06/15/2010 AFFIDAVIT OF DILIGENT SEARCH AS TO JENNIFER FRANKLIN-PRESCOTT
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06/17/2010 LETTER TO GULF COAST BUSINESS REVIEW
06/17/2010 NOTICE OF ACTIONTO WALTER PRESCOTT/JENNIFER FRANKLIN-PRESCOTT & ANY AND ALL UNKNOWNPARTIES CLAIMING
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06/18/2010 CONFIRMATION OF EMAIL RECEIVED BY GULF CO AST BUSINESS REVIEW
07/07/2010 AFFIDAVIT OF PUBLICATIONNOTICE OF ACTION TO WALTER PRESCOTT/JENNIFER FRANKLIN-PRESCOTT/ANSWERWITHIN 30 DAYS OF FIRST P UBLICATION 6/25/10
07/09/2010 MOTIO N TO DISMISS BY JENNIFER FRANKLIN PRESCOTT
07/22/2010 NOTICE OF SERVICE MOTION TO DISMISS
07/22/2010 MOTIO N TO DISMISS BY JENNIFER FRANKLIN PRESCOTT /PRO SE
07/22/2010 MOTIO N TO ENJOIN / BY JENNIFER FRANKLIN-PRESCOTT -PRO SE
07/22/2010 NOTICE OF SERVICEOF PUBLISHED NOTIC E OF RECORD & MOT ION TO DISMISSBY DEFENDANT
07/23/2010 MOTION FOR CLARIFICATION OF COUNSEL
07/23/2010 MOTION TO DISMISS
07/23/2010 MOTIO N TO C LARIFY ALLEGED PLAINTIFFS PUBLISHED NOTICE OF RECORD FRAUD
08/12/2010 MOTIO N TO DISMISS PRO SE JENNIFER FRANKLIN PRESCOTT
08/12/2010 BANKRUPTCY BANKUNITED
08/12/2010 CA48/REAL PRO PERTY MORTGAGE FORECLOSURE (PRE 2010) (DISPOSITION)
08/17/2010 BANKRUPTCY BANKUNITED
08/17/2010 NOTICEOF BANKRUPT BANKUNITED INCIDENT REPORT APPARENT FALSIFICATIONS NOTICE
08/17/2010 NOTIC E OF BANKRUPT BANKUNITED
08/17/2010 NOTIC E OF BANKRUPT BANKUNITED DOCKET ALTERATIONS EVIDENCE
08/17/2010 NOTIC E OF BANKRUPT NON SERVICE NOTIC E
08/17/2010 NOTICEOF BANKRUPT BANKUNITED EMERGENCY DEMAND TO EXTINGUISH FRAUDULENTACTION
08/18/2010 NOTICE OF APPEALFROM ALTERATION OF RECOR D NO O RDER ATTACHEDNO FEES ENCLO SED
08/20/2010 CORR ESPONDENCE FROM
APPEAL CLEERK TO DCA W/NOTICE OF APPEALNO FEE INCLUDED
08/20/2010 BILLED APPEAL FILING FEE $150.00
08/30/2010 NOTICE OF RELEASE OF LIS PENDENS FILED BY DEFENDANT
08/30/2010 FINAL DISPOSITION FORM
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Antonio J. Perez-Benitoa, P.A.
CONTACT US
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Perez-Benitoa, P.A.
900 Sixth Avenue South
Suite 303
Naples, FL 34102
Phone: 239-206-4324
Toll Free: 866-393-9974
Fax: 239-430-1885
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Antonio J. Perez-Benitoa, P.A.
CONTACT US
Antonio J.
Perez-Benitoa, P.A.
900 Sixth Avenue South
Suite 303
Naples, FL 34102
Phone: 239-206-4324
Toll Free: 866-393-9974
Fax: 239-430-1885
Map and Directions
CONTACT ANTONIO J. PEREZ-BENITOAContact an Experienced and Honest Lawyer for Effective Family Law Advice
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IN THE CIRCUIT COURT OF THE TWENTIETH
JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
BANKUNITED,
as [purported] successor in interest to [SEIZED]
BANKUNITED, FSB.,
The use of the Internet or this form for communication with the firm or any individual member of the firm does
not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent throug
this form.
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Antonio J. Perez-Benitoa, P.A.
900 Sixth Avenue South, Suite 303
Naples, FL 34102
Phone: 239-206-4324
Toll Free: 866-393-9974
Fax: 239-430-1885
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