First, the motion letter
Superior Court, Appellate Division
Docket No. 303136
In the matter of the estate
Of Vera Fedorov, Deceased
Vic Fedorov Pro Se Appellant
219 Yardville-Allentown Rd
Hamilton N.J. 08620
Veronica Savage, Mark Fedorov
C/o Ron Fraioli Esq.
304 Hackensack St
Wood-Ridge N.J. 07075
Notice of Motion for Leave to Interlocutorily Appeal
Order not Changing Venue, of July 19th 2012, by Judge
Velazquez of Hudson County Superior Court per Rule 4:80
To The Appellate Court of N.J. From Vic Fedorov, Pro Se Appellant:
Through this brief and appendix, we seek to inlocutorily appeal, the decision of a Hearing by Judge Velazquez to deny the changing venue to Mercer County, where Vera Fedorov was Domiciled.
Lying on Probate that Vera had an apartment in Hoboken, when her death certificate said Princeton, does not follow rules, undermines credibility, and is not a dispute or controversy for Superior Court to determine. There is nothing to determine. It is obvious and uncaught, shows rarefied judicial airs. There are not two sides to this like a dispute. It is fraud. There is nothing sensational to this, it is not a controversy, it is a wrong. It is not in dispute being too material and verifiable crime. There is nothing to Determine, Superior Court is left with merely discharging and disposing of its duties. Fraud does not rise to the level criteria for Superior Court determination of 4:82, and should be immediately inquired into it and disposed of. This is not “doubt” that requires analysis or has moral shades. This is crime, that is obviously wrong.
Judge Velazquez said it was too late. But this fraud has been cited repeatedly since the letter of complaint in the second sentence, and should have been discharged and disposed of, by any judge, scared by fraud. Hudson County venue was never considered good by anyone that knows where Vera resided, and not known as landlord. There were just higher priorities of gaining discovery since I was being shown nothing, and fear and know crime. My siblings did not and do not appear to be understanding their interests, or comprehending the situation. And I fear people have long been behind them, oppressing them, to this purpose here, and I wanted concern of the courts regarding suspicions; A docket number and judge offered these hopes.
Yet is not the deck stacked against me? I was a farmer, and new to fraud. Crime takes time to deal with deception. Logically the point of fraud to obtain Hudson venue would be to work with a judge to ignore the suspicions and falsehood of the will and situation. Judge Olivieri, who retired after the first Jan 27th hearing, and Judge Velazquez, have not probed into any allegations. After the hearing for Reconsideration to change executor, May 4, 20122, I motioned to change the venue, filing June 20th 2012.
Judge Velazquez did not even inquire into the fraud, at the July 19th hearing. Such lack of concern demonstrates a form applicable to other cases and issues before him.
Then Overview (optional)
I am doing more than trying to protect family property; my mother’s murder, my younger brother and sister’s state of mind, to be along so, indicates something is seriously, seriously wrong. There are criminal elements behind them; and nieces and nephews to care about, as well as all disrupted. My brother and sister are not like this, to not work with me as a family regarding family wealth management.
A calm inquiry, into the form, of the control, over so many people aware, I believe, what I say is true, would be greatly beneficial, as it is a victimizing form of obeisance. Does “God” explain the lack of reason? Does our systemic ignorance make this possible? There is something to figure out here? Why can’t my siblings come to the table and work with me, easily? Why was probate applied for in Hudson County, where Vera did not ever spend nights, or even work for whole seasons in Hoboken where she owned properties?
While the issue here is handling fraud, fraud and unfair trial, are very close, in the rules of changing venue PB9 R.3.2. The criminal nature has made discovery difficult, and subpoening, not responded too. PA252 The case requires a concerned court, who may issue subpoenas through the clerk, since I am not executor, PB9, enforce discovery requests and sound out inquiries, PA152,and offer the opportunity to work out this tragedy. This does not emerge from a court covering up a suspicious death and ensuing false will, outrageous and cruel as this may be. It is beyond cruel, it is depraved.
The court did not sound out the thinking and behavior of defending party regarding numerous suspicions once. The legal system has enabled criminals hiding behind it. Is this is widespread? The appropiate nature to our government?
My trustee and trust is not paying for my general counsel, I have few funds. This litigation was steered by defendants into the wrong venue, with voidable decisions and orders, because of the fraud on the probate applicationPB9. I’ve had to travel to Jersey City from Trenton numerous times, because Defense lied where Vera was domiciled under oath to qualified oath-takers.PB8,9,202
The issues should have been worked on through pleadings initially.
What judge, and why, would want another county to examine his work, and frauds in his court?
What judge would not inquire into fraud, or find it suspicious the lawyer, who advised lying, and not of record, escape blame?
On Aug 10, 2012, there was a hearing for summary judgement that dismissed the case. Defense demanded medical records Vera was on three medications, a respirator, traumatized, near death, anxious and a quadrapylygic. These facts are true, and relevant to any attorney. The nature of this case, with its intimidation, (including from the probate fraud) has made it difficult to effectively deal with anyone who knows something. I followed instructions regarding subpoenas. There has been no production of records from Kessler Institute of Rehab, and while the rules encourage waiting for relevant affadavits and records, the case was dismissed, unfairly.
Then Statutes and rules and cases cited
Citation of Cases, Statutes and Rules
Diodata v. Camden County Park Commission, 136 N.J. Super. 342, 346, A,2d 100 (App. Dic. 1975)
“While venue provisions may be subjecct to change upon a showing of proper circumstances, they do express strong policy considerations not to be lightly regarded”
Gray v. Cholodenko 34 N.J. Super. 190, 111, A.2d 918 (App. Div. 1955)
“A perjurious deposition, purposely false and willfully given on partof an attesting witness in proving wills, if proofs are clear, convincing and satisfactory of perjury, will be held fraud upon the coust and ground for vacating such probate decree.”
State v. Collins, 2 N.J. 406, 67 A.2d 158 (1949)
“Motions for a change in venue in criminal prosecution or civil action or for a foreign jury are addressed to court’s sound discretion guided by law, and excercise of the discretion cannot be arbitrary, vague or fanciful”
Rules of The Court
Rule 4:80-1:C (c) “The application for probate of a will for letters of administration shall be filed with the Surrogate Court of the county in which the decedent was domiciled at death”
Rule 4:3-3 Change of Venue in the Superior Court: a) By Whom ordered: Grounds. In actions in the Superior Court, a change of venue may be ordered by the Assignment Judge, or the designee of the Assignment judge of the county in which Venue is laid…..
1) If the venue is not laid in accordance with R.4:3-2, or 2) if there is substantial doubt that a fair and impartial trial can be had in the county where the venue is laid or 3) for the convenience of of parties and witneses in the interest of justice.
4:83 a) Where the surrogate’s court may not act. In an action brought because the Surrogate’s Court is barred from acting by 4:82, venue shall be laid in that county.
4:82 Matters in which the Surrogate Court may not act….1) a caveat has been filed in it before the entry of judgement 2) doubt arises on the face of the will…3) the application is to probate a writing intended as a will…4) The application is to appoint an administrator…5) A dispute arises before Surrogate Court as to any matter 6) The surrogate certifies the case to be of doubt or difficulty.
1:9- 1 A subpoena may be issued by the clerk of the court or by an attorney or party in the name of the clerk.
4:26-2 a) Representation by guardian…a minor or mentally incapacitated person shall be represented in an action by the guardian of either the person or the property…..or if no such guardian has been appointed….by a guardian ad litem appointed by the court..
4- The court may appoint a guardian ad litem for an…alleged mentally incapacitated person on its own motion.
4:50 1) …the court may relieve a party….from final judgement or order for the following reasons; c) fraud…or other misconduct of an adverse party..
3B: 11-36 Findings, declarations regarding special needs trust. 1A) It is in the public interest to encourage persons to set aside amounts to supplement and augment assistance provided by government entities to persons with severe chronic disability.
2c:5-2e Conspiracy: Renunciation of purpose. It is an affirmative defense which the actor must prove by a preponderance of evidence that he, after conspiring to committ a crime, informed the authority of the existence of the conspiracy and his participation therein, and thwarted…the commission of any offense in furtherance of conspiracy…
3B: 1-9 Effect of fraud and evasion
Whenever fraud has been perpetuated in connection with any proceeding or in any state filed under this title….any person injured may obtain appropiate relief against the perpetratro of the fraud, or restitution from any person benefitting from the fraud, whether innocent or not.
3B:2-2 General authority of Superior Court as to probate matters
The Superior Court shall have full auhtority to hear and determine all controversies respecting wills, trusts, and estates, and full athority over fiuciaries, and also authority over all other matters andd things as are submitted to its determination under this title
3B:2-3 The Superior Court shall have jurisdiction to hear disputes or doubts arising before the surrogate or in the surrogate’s court of a county, to review any order, determination or judgement of the surrogate or surrogate’s court of a county and upon the review, to hear and determine the matter, and to grant relief from…..any order, determination or judgement of the surrogate…
3B: 10-13 Duty to apply in this state for original letters of administration
….Any person having knowledge of the grant in a foreign jurisdiction of original letters of administration upon the estate of a person dying resident in any county of New Jersy, shall give information thereof to the Superior Court.
The court may direct the clerk of the court to issue and have served suppoenas or an order to show cause requiring the appearance before it, ….., of any persons having any interest in the estate, and commanding them to abide the order of the court. The matter of the grant of letters of administration shall be wholly within the jurisdiction of the court.
3B:2-6 Oath; Affadavit; deposition or proof.
Any oath, affadavit…required to be made or taken in any proceeding before a surrogate, …..may be made and taken before the surrogate or before any individual authorized by law to administer oaths.
Then there is a chapter, in form, of Procedural History of the The Case, and then Material Facts, and then Legal Arguments
Concise Procedural history with a statement of the nature proceedings with reference to the judgement
I was very close to my mother and an elaborate relationship with her. We both started small businesses, had friends and people we hired and worked with, were unmarried, and between her people and my people, and her homes in Sanibel Fl, Manhattan, and Princeton N.J., and the farm in Long Valley N.J. I managed since 2005, over the years our households intersected symbiotically and we supported and were useful to one another. PA1, PA215
I was working in Saratoga N.Y. with goats, chickens and organic vegetables when I learned my mother was paralyzed from the stairs, Aug 17th, 2010. I came back, and until Febuary, was with her 50 hours a week, as she wanted, and rented rooms in Newark to be near her rehabilitation in West Orange.
While I care for her, my brother and sister looked after her business and affairs, and while they were suspicious, I trusted them. It was only after Vera passed, and her estate handled with such conspiracy, exclusion and lack of transparancy, that I saw her injury was not accident, and fits in with the designs on her wealth through undocumented divestment and suspicious will from 1994. PA48 I only learned the will would not unite the family and care about more than her children, and was from 1994, unsigned until Oct 7 2010, with no lawyer on the will, witnesses known to family, on medications, traumatized, near death, a respirator and incredibly an, two months after Vera passed March 22, 2011.
I could not believe it. My money was in a trust controlled by Mark. I had no say in her business I had worked extensively for, an and off, through the years. When there was no conscience, and time expiring, I filed a complaint in Hudson County where probate was, which arrived Oct 24, 2010.
A hearing was set for January 13th 2012. A bomb threat postponed it to January 27th. A court clerk called and advised amid my numerous concerns, of which that Vera never spent nights in Hoboken where probated, the second sentence, to make the hearing about managing the estate till trial.
Despite my suspicions, Judge Olivieri said he did not want to disturb the will, even though letters of administration had no right to go through Hudson County Surrogate. He said managing the estate was about paying bills, when it is about making sure someone trustworty, who is not taken advantage of and oppressed, protects the estate. He said I could file for reconsideration. I saw his decision as a real politic time could heal,
I stayed in jurisdiction. Discovery, which only accounts for less than half of my mother’s wealth and business, and shows mutual funds down five million,PA248, though tax returns are not shared to confirm this, PA252 had not arrived by the May 4 hearing. I had new evidence.PA163, April 2010 emails documenting my mother’s desire for 6 million set aside whose interest would be for future generations and the family in general: evidence that she extensively did use a lawyer, that her not wanting a lawyer for the will, was not sound.PA166,169 Witness signature differed printed statement. These could have been inquired into and sounded, as case law I submitted advocates as doubt shifts.PA152
Judge Velazquez first said I had no case work, then that it was insensible. Then he said my new evidence was old issue, and he didn’t want to revisit Olivieri’s reasoning. PA 269
I was not getting a fair trial and finally focused on venue, and the fraud particularily on the probate application, though there is fraud in their depiction of me as paranoid skitzophrenic, unable to work, etc, PA31, PA38, PA91 which was also not inquired into in previous hearing. I obtained transcripts and filed to change venue June 20th 2012.
On July 19th 2012, Judge Velazquez determined it was too late in the case to change the venue, appealed here. PA244
This fraud enables a foreign county, Hudson, whereby precisely Hudson’s County’s foreign nature enabled an overlooking and covering up of a suspicious will; nor examined the logical oppression of my siblings, who with any degree of freedom, would not be so unconstructive and negative or party to the situation. Imagine their state of mind and oppressed charactor. They know I work and care and am very trusted.
Money is not accounted for, no documentation of Vera’s wealth, tax returns, monthly revenues and expenditures of her 50 apartment units not shared, and I not put to work, whereas my mother was always making me useful, and had strict guidelines about her money and business she worked so hard and long for. People I have known years and decades through her business, and, or would know about my allegations, can’t be reached, and seem scared.PA143
Even if you take Judge Velazquez’s claim too much time has passed to change venue, at face value; the fraud should still be inquired into. There are other frauds as well. Not caring about one, does not fit caring about aný. There is no integrity or trust to probating and lying about where Vera lived. How can you believe their claims now she was of sound mind, and unconstrained?PA204
Statute 3B:10-13 PB10Fraud of this nature, is to be reported, and then encouraged to be investigated. The judge did not question the fraud, why, or how, or what that says about their integrity. It is one thing to maintain venue, another to not inquire into fraud. PA244, PA280
How can their claim Vera was of sound mind and unconstrained be credible, next to an easily verifiable fraud, next to her death certificate listing Princeton? PA201 How can you expect Medical Records Directors, and administrative assistants to Vera, and her tax accountants, to comply with my requests and subpoenas, when the court is not looking into a lie, thus placing the case where the lie designs? The court is treating Vera as crudely as a landlord, and not the warm and caring and energetic woman with good friends she was.
It is our job to look into what happened, and by learning such, to help others.
1) Vera Fedorov’s father fled Russian communism to Yugoslavia, where Vera was born in 1935. In 1940, he was captured by the German Nazi’s to repair aircrafts in Heidelberg, and Vera and her mother, Vera, moved to Heidelberg, which was not bombed, to be used as an Allied headquarters. She and her mother and father then made it to New York City in 1947. She taught at Woodbridge H.S., and worked procuring grants for Rutgers University until 1980 when Reagan budget cuts ended her job. She took some money her mother’s house left her, and invested in hoboken properties in 1981, taking out large renovation loans, and became a landlord, which she improved at each year, so by 2011, when she passed, she was worth 14 million dollars, and she worked hard and often for it. Some years I extensively helped her. Not marrying or reproducing I helped her a lot, across the board, as a friend and family member. PA215
2) Her death was not natural. She was inured on the stairs, the night of Aug 17th 2010, found only 4pm Aug 19th and was a quadrapylygic, her vertabrae 5 and 6 fractured just above her breast. She was in intensive care in Trenton N.J. till mid September than near ICU for ten days, and then moved to Kessler Institute for Rehabilitation in West Orange N.J. till Febuary 3, 2011 when she moved to Princeton, and passed at Princeton Hospital March 22, 2011.
3) From 2005-2009 I was a small businessman producing and marketing organic potatoes in Long Valley N.J. In the three month off season, I often worked for and was in a household with my mother. In 2010 I ceased my own operations to travel and learn from different farms in nearby states. I was in Saratoga Springs N.Y. making goat cheese, raising chickens, and working another organic vegetable farm, Aug 17th 2010.
4) My brother, married, with two children in Allentown Pa, convinced my other to sell several buildings in 2006 and 2007 to put the money in mutual funds, giving her less work and more retirement. He and Vera and I looked after those mutual funds and quarterly statements. By 2009 they, to my recollection, tax returns have not been produced which would show this PA252* they were approaching 7 million. Now the mutual funds are in another mutual fund and worth 2.5 million. PA249 The monthly expenses and revenues from her buildings, like her old tax returns, are not shared with me, despite discovery requests. The lack of my exposure to what I helped look after many years is disturbing, and I feel brother and sister can not govern themselves in a situation where money is taken from him. This is a serious psychological claim, indicating a need for authority to determine if they act in his own interests, which my siblings don’t seem to do, as they can always work with me. I just want to make sure everything is OK. As that doesn’t happen, I conclude serious problems.
5) In 2007, I believe, Mark said his position at Air Products of Allentown PA, was eliminated, and in January 2010 he began assisting in Hoboken. Vera had moved out her Manhattan Apartment and she was preparing to sell her house in Princeton and move to another apartment in Manhattan upon its closing, which ocurred in July 2010. That winter of 09/10, I helped her move from Manhattan and improve Princeton for sale.
6) Veronica, her domestic partner Craig, her step-son Brandon 19, her two children with her first husband Dexter Savage, and a baby with Craig, moved to Princeton in early June 2010 from New Mexico. As I would stop by Vera’s and help her in between my agricultural jobs. I was painting a fire escape and living in an unfinished Hoboken apartment that first week in June 2010.
7) Vera lived an active life. She reunited with a cousin she hadn’t seen since 1940 who had moved to Chile, entertaining her and her daughter and son, and her daughter’s two college-age children, in May in Sanibel Fl, where she had a house, (and I joined them there for a week) and then in Princeton, and then several of them flew to Russia and were there two weeks.
7) On Monday and Tuesday August 15th and 16th, 2010, Veronica and her family had finished a move from Princeton to an apartment in Hoboken. The permits had finally come through allowing the last building my mother owned, which was not rented to yuppies or renovated, to be renovated and converted to condos, which Craig, being a contractor from Taos New Mexico, was entrusted with managing, for which his son Brandon helped.
8) I had worked on a farm in Virginia, the last half of June and early July, came back to Vera’s, helped her to July 18th, and was intending to return after August after stints at farms in Connecticut and New York.
9) Upon hearing what happened to her I returned to N.J. and focused on assisting the nursing of Vera, often spending nights with her at Trenton. When Vera was at Kessler, I rented nearby rooms in Newark and spent over 40 hours a week assisting nurses and spending time and nights with Vera, as she requested. Mark managed Hoboken, Veronica was occupied by children, and trying to make herself useful. I entirely trusted them regarding a will. They only showed me the will 2 months after my mother passed March 22, May 22, 2012. I had no idea it was from 1994, and had no elaborate guidelines of intention for her legacy, of which she was proud. My brother also showed me a special needs trust allegedly signed by Vera May 15th 2012, which I had heard nothing about. Both documents did not have lawyer signatures on them. I do not have a chronic severe disability, PB9, PB69.
9A) The will remembers none of her friends, gives all to Veronica and Mark, mine in trust for Mark. I am effectively excluded from her business and managment of her wealth and am not a voting member of surviving corporations. I have emails of her wanting her legacy consolidated for specific actions involving future generations, such as college or business start up or family vacations. PA48, PA163
10) This will was drafted in 1994, see will, not signed, see discovery, and signed Oct 7 2010. She famously stayed in her 5th avenue apartment if she worked in Hoboken, Princeton, which was her primary residence, where voted, and was her residence on personal tax returns. She spent months at a time in Sanibel where she wanted to move.
11) This probate fraud, lying about where she resided, was perpetuated so the will would be looked at in Hudson County. My siblings do not have the wherewithal for this calculation or need for such construction. It is central to my case that there are people behind them, fronting them, long controlling them who broke them; because they are not simply showing me that the money is staying in the family and not being taken by those manipulating and controlling them. Who would do this to their mother and family? They do not want this situation. They are forced. This is something court must honestly, openly look into, to figure out how this sort of control is done, as it seems severe, and may be more common than known.
12)How can they be believed in their claim she was of sound mind and unconstrained PA202,204 when they lie about where she lived, she was definitely a quardrapylygic, the death certificatePA201 listed her residence as Princeton, and, according to them Interrogatory, she did not want a lawyer to come to the hospital and that I am a paranoid skitzophrenic unable to work.PA31, PA91 There convey several instances of fraud.
13) On June 22 I believe, they applied for probabate and were granted administration in Hudson County Surrogate Court. Rule 4:80 does not allow this, plus certifications, They claimed she lived at apt B2 913 Garden St Hoboken. She did not. She famously did not.PA202
14) Is this a dispute, or, ascertainable fraud? And if fraud, shouldn’t it be inquired into and not allowed by Superior Court. I have cited it often, and if a concern, could have been discharged, while I was concerned with discovery, and evidence of crime.
15) Don’t these transpirings show, the will was probated in Hudson County, to gain a judge and foreign jurisdiction that covers up and insures a suspicious will and circumstance? And doesn’t this show, my mother’s injury was no accident? The fraud upon Surrogate was not even inquired into, or resulted in any concern by Judge Velazquez.
15) I mentioned this in the letter to show cause, second sentence.PA1
16) While Judge Velazquez said it was too late, the deck is stacked, and my higher priorities of Discovery, Concern of Courts upon Suspicious Items and Crime, and the leverage of a docket number, made changing venue not as high a priority, though important. I applied for an emergent motion for the assignment judge to hear the motion to change venue, but Judge Payne, said there was no evidence behind the logic, the probate fraud was perpetuated to insure an unfair judge and courtroom.PA231 There is a lot I have to present at trial and require a fair court for its presentation.
18) For instance, I need help from the court with subpoenas so they are followed, as well as complying with discovery requests, PA252, 128, and inquiries into such things as witnesses to the will I can’t reach, why no tax returns produced, what we know about Vera Fedorov, as evidenced in emails of 2010 desiring 6 million set aside for general family benefits. The court needs hearings that sound out defendants thinking and behavior. Witnesses seem scared. People I’ve known decades, do not reach me back. Who would take such risks as the judge condones fraud, and does not sound out my allegations at hearings.
19) I worked extensively for Vera through the years.
20) The claim I am a paranoid skitzophrenic incapable of holding a job. That is neither true, nor sound to assert.PA215,221,225
21) The money is being stolen from Mark and Veronica, they know they would have benefitted more than enough when our mother passed; so how they went along with this, is difficult to imagine.PB24
Rules, eschatological dignity, not dispute, doubt, controversy, but fraud, crime, wrong; mandating following rules by Superior Court Judge.
L If little rules, like probating in county deceased was not domiciled in, are not followed, there is a liklihood of larger, more important rules not being followed.PA196
Per Rule 4:80,PB8 Vera was not domiciled in Hudson County, that was and is a lie, to benefit the people behind my siblings with control in Hudson County. Vera last spent nights in Hoboken in 1992. She resided in Mercer County. That was where she voted, and her personal income taxes listed.
There is an eschatological propiety and dignity behind this rule, of counties looking after their own; of knowing people as human beings, not as a landlord. HHudson county, a foreign county, is not looking after the deceased rights in credible devolution of legacy, but has taken over what she worked for and needs protection.
This fraud is not a doubt, where perspective comes into play, or a dispute, which has two sides, or a controversy; but a wrong, a fraud, and a crime devised to criminal purposes. This fraud is not something to be determined or reviewed, for analytical content, but discharged and disposed of according to Rule 4:80.
OTHER FRAUDS AS WELL
There are other frauds. The will and trust was not shared or known to me till two months after Vera passed, thus perpetuating the fraud she wanted this will from1994. The fraud Vera gave money without guidelines is perpetuated by this will, as is the fraud, she did not have numerous friends and people she would have remembered. This will also fraudulently obscures how close Vera and I became through working together and sometimes sharing a household.
Not including me in the management of property I care about many years, is to perpetuate the Fraud Veronica and Mark are actually running the business and in control.
They claim she was of sound mind and unconstrained; yet she was on a respirator, paralyzed, and according to them, did not want to pay for a lawyer to come to Kessler Rehabilitation, as too expensive. That is not demonstrating sound mind, or unconstrained. PA202,204
Not using will witnesses the family knows, also perpetuates the fraud Vera wanted this will. The witnesses were hospital administrators.
Their demand of medical records, I am having trouble acquiring, to justify Summary Judgement, perpetuates a fraud regarding her condition.PA252
Their denial of financial records, as of that not owned by Vera when she passed, perpetuates also the fraud Vera’s wealth has not been stolen from Mark and Veronica; As is not showing federal tax records of Vera’s last years.PA128
Not sharing emails between themselves and Vera before her injury, for the fraud they were getting along in 2010. And remember, Mark had just started in Hoboken in Januarý, and Veronica, who was in New Mexico, and her family, only came into N.J. in June 2010. PA252
Their lies about me, paranoid skitzophrenia, with severe chronic disability, unable to work, is fraud to justify excluding me from financial matters and responsibilities. PA 31,38,91
The surrogate clerk in December who advised not focusing on Venue fraud, but executorship, engaged in fraud, for purpose of dismissing such motion later.
Surrogate Court’s ignorance of the discrepancy of the death certificate and probate application, regarding residence, is suspect, and the fraud that Surrogate is independant from this situation.
WHY FRAUD ON PROBATE APPLICATION
The probate fraud logically must be to insure a judge with Hudson County ties, to facilitate the cover up of a bad will and murder and exploitation of siblings. This causes the concern other families and people are victims of Hudson County this way.
One thing to not change venue, another to not inquire into fraud
3B:10-13 Judge Velazquez does not rise to a level of professional competence, when he asks defendants no questions about the lie on the probate application. How can we then expect concern of other frauds? Likewise, the defense has evaded the issue of fraud, nor had to admit they’ve done anything wrong in this whole process.
3B:10-13 mandates reporting this information, of one dying in one county, being probated in another, to the court which I did. Court is then expected to Subpoena interested people to fix this.
Also, logically, why doesn’t opposing counsel and admit the fraud was advised by Chris Garvin, PA143 the former estate lawyer, now tax attorney, who is not of record to this case now. Does opposing counsel represent my siblings, or Chris Garvin. Chris Garvin is from Wood-Ridge N.J., as is Ron Fraoili.
Why would a judge not want another venue and jurisdiction to inquire into Hudson County’s Surrogate’s admission of fraud? I submitted this tautology in an emergent motion to Appellate Judge Payne, requesting Hudson County Assignment Judge Peter Bariso hear the motion to change the venue and/or invalidate proceedings so far, which is the first option in the rules per rule regarding hearing motions to change venues. PA231
With this fraud, do Mark and Veronica have competent legal counsel
Do Mark and Veronic have competent legal counsel, and are they incapacitated by being in over their head, and unable truly to manage or look after their own interest? The two go together. If Mark and Veronica are being stolen from and coerced, the court needs to be sure they have a counsel of good authority able to give them choices, and make sure they understand the scopes of action available to choose from. PA19
This fraud, the advice that led to it, is perfect example of third party liability, which does not seem explained to them. PA143
Mr. Fraoli should be explaining to them, “renunciation of purpose, 2C:52 where a conspirator in an affirmative defense, alert authorities as to the intent of a conspiracy to committ crimes”PB9
My brother and sister don’t seem advised they can share records and work with me, as a family Vera intended. That if people are behind them, they can be protected.
Crime takes time, caution, insight, overcoming
Crime takes time, caution, insight, overcoming. Our goal to heal and strengthen family and friends, and overcome a form and culture oppressing others as well. There is brutality and long-term exploitation, I am moving through it, as best I can, with faith, construction, and the future and should not be stuck in wrong venue. They led the way here with lies and crime. Nor has one item of mine been inquired about. The nature of this case requires the leverage of the courts to pressure breaks, nudge freedom, diminish fear, support subpeonas and discovery requests, and from inquiry. Starting this case again, with the experience I have now, is good, not bad.
Good Reasons for not bringing up fraud in hearing January
I desired concern regarding suspicions, discovery, and leverage regarding crime and my family being on the level. I focused on the fraud at hand, after focusing on larger issues.
The Court has been unfair so far
PART G As rule 4:80 commands proper venue, so does 3:2, unfair trial. While making the timliness of venue considerations an issue, the courts could have discharged that issue prominently before I got around to it. I believe I have cited many instances and general tenor of unfairness.
There has been an unconcerned disposition regarding lying about where Vera lived.
Is this a nature of Hudson County? Cultural? This rises to the level of class action, if forms of agencies of Hudson County oppress or can oppress the people. We have to admit, my siblings were not strong enough to take on crime or a virtuous life; though God’s will be strong. Where too, is the reason, to a legal system, crime can hide behind? It stems from ignorance of what culture can be. The gall of missing what victims my siblings, co-workers, friends and family and the people are to this, is metaphysical, not individual.
How do my siblings agree to fraud, and agree to not admit it is wrong?
This may involve coercion, threat, electric shock, prostituting, homosexuality, lying about homosexuality, arranged marriages, a ring of criminals over several states, oppressing who they can. This case shows the anger of homosexuals who do not admit their homosexuality, and the lack of subjectivity or wherewithal that comes from being prostituted. It may show the vulnerabilities that lead to blackmail. It may show how shame is too great for some people to function for themselves, and tell people what they are going through. My siblings could have known the people behind them since the late seventies or early eighties. There could have been sexual abuse, degredation, beginning when Mark was ten and Veronica in High School, that was latched onto by manipulators, to this day. This is meant to come out.
oppossing response to this, was a paragraph, how if a case is dismiss, pending interlocutory appeals are no longer considered. Which is vexing argument with no basis in law. Appellate Court denied my interlocutory appeal, and this is very suspicious, and possibly crooked, subject to criminal influence
219 Yardville-Allentown Rd
Yardville N.J. 08620 201 232 1154
Sept 12, 2012
Re: Estate of Vera Fedorov, Docket 303136
Dear Mr. Orlando:
There is no cited basis in rule or statute for Ron Fraoili’s notion that an interlocutory appeal, of an order denying venue change, is moot upon dismissal of the case.
If the venue is changed, per fraud, the case is remanded to Mercer County, and it is not Judge Velazquez’a to dismiss; logically, the venue-issue, is pivotal regarding what judge and venue should have the right to dismiss the case.
I do not think defense here has any base in law. None was cited. Remember, they lied Vera had an apartment in Hoboken, on probate application. If so, this is harrassment. I honestly think this is a dishonest, vexing defense, neither candor to tribunal, R.1.6(b)(2), DR 7-102(A): What is warranted, in preventing crime, and RPC 8.4, (misconduct) to d) engage in conduct prejudicial to the administration of justice.
Tags: corruption reform