Archive for January, 2013

Rainbow rappin America’s Dream

January 20, 2013

Now, some people know this, others don’t: The rainbow family of living light, has a long standing, decree, discouraging alcohol at the 2 week gatherings in different national forests, warm months. I say this is because marijuana merchants, consistent with sacrament promotion, consistently confuse alcohol as a competing market-infringing product, and have influenced so, the wax mind of the rainbow. The grower, being of more material comfort, is disposed to the symbiosis.

The natural law, tribes seek, as opposed to codification; understands the principle of not depriving others of rights. United States Section Code Title 42 Section 1983, says as much; that people are liable, if they deprive others of rights, especially through color of codification; Thus the rainbow, “discourages”; adhering to the principle, that rights and liberty, are confined to not hurting others; certainly one drinking alone quietly is not harmful to others. An analogy:  the way one’s use of one’s own property, isn’t really hurting others. Yet large loud parties, do harm neighbors; as does abusive behavior. And one person or corporation, building on many properties, for many people, in the same way, harms all, in 0f the way merely being concerned about yourself, doesn’t harm others. As a tribe, the rainbow is about people not getting hurt. In the old times, there were tribal, and are, tribal lands. They shouldn’t be called reservations, but tribal land.

There is a violated natural law with the decree, Rap 107. First of all, here is an example of some of the raps.

“Rainbow Gathering E-Text Miniature Manual – Page 1 (of 6)

Welcome Home!

The Rainbow Family of Living Light welcomes you to our family gathering. A place where people co operate not compete.

Each year the family holds the Gathering of the Tribes, a totally Free non-commercial sharing of our lives and sacred hearts, in the Cathedral of Nature for the healing of the earth.

There is no authoritarian hierarchy here. It works because each of us takes the responsibility to make it work. Part of that responsibility is a pledge we keep to each other :

  • we pledge to respect and care for each other in all things
  • we pledge to drop all forms of violence in our relations with each other
  • we pledge to deal with each other up front and with open hearts.

FOCUSED MAGIC

Technology

Recent councils have reaffirmed original consensus that the gathering of the tribes is intended as an opportunity to experiment with different ways of living. For this reason and others we ask that firearms, radios, tape decks, electric lights, sound amplification equipment, chainsaws, and power tools be left at home. All vehicles stop at the parking lot or bus village.

Dis-Organization

Beware of people who say things like, “I’m in charge!” We are All leaders of the rainbow. The dishes get done and crappers get dug because We see to it personally.”

Then it goes on, ”

Main Gate

When you volunteer for main gate you get to see it all come in. Parking crew keeps the roads open and gate crew greets the world with hugs and info. Main gate is where new gatherers first see RAP 107 (Read and Heed!). All weapons and alcoholic beverages stop here. All forms of intoxication can be harmful to the spirit of our gathering. Main gate is where newcomers learn that, in terms of ideas, they are about to enter “Liberated Territory”.

Kitchens

Once you have helped a silent forest glade become a bustling volunteer kitchen that serves thousands of nutritious Free meals and becomes a silent glade again you will know what they mean when someone tells you magic did it! Each person needs their Own cup, bowl, and spoon. Wash buckets, including a bleach dip prevents the spread of disease.

CALM/MASH

Center for Alternative Living Medicine. In this wounded world many of our family come to the gathering in need of healing. CALM provides free health care, healing workshops, a woman’s center, an herbal apothecary, and counseling to all in need. Look for the large tents. Healers of all kinds are invited to join the staff!

——————————-

also later on, it goes on

—————————————————–

THINGS TO BRING TO A GATHERING

Normal camping stuff (this varies depending on “how” you camp):

  • Sleeping bag/hammock, blanket, tent/tarp, toilet paper/paper towels.
  • Check the weather: rain gear, appropriate clothes, etc…
  • PLATE, CUP or BOWL, and SPOON: this will be your food dish. You will eat out of it so this is VERY IMPORTANT. Biodegradeable soaps and stuff.
  • WATER, WATER, WATER, and more WATER: Drinkable water is a very precious comodity. If you can hike some in… or bring some to the lot and ask for some help to hike it you will make many people happy. Pretty much all you get to drink at Rainbow gatherings is water coffee and tea. If you don’t like coffee or tea, you may want to bring powdered drink mix (with the sugar already added).
  • Sweets (especially chocolate).
  • Fruits and Vegetables. Bring extra if you can to donate to the kitchens.
  • Tools if you can (i.e. knife, axe, saw) There will always be firewood that needs cuttin’.
  • Musical instruments (non-electrical)
  • Poetry

!!! DO NOT BRING !!!

Alcohol: Near the parking area there is a place called

“A-camp”. Rainbow says We love the alcoholic, but not the alcohol.” Personalities change on alcohol (and hard drugs). Sometimes people can’t control themselves as well. Therefore you are respectfully asked to leave the alcohol in A-camp when you hike in to the main gathering space.

  • Aggressive dogs
  • Bad attitudes
  • Hard drugs: Rainbow discourages the use of hard drugs of any kind. Rainbow also discourages the ABUSE of any drugs of any kind.
  • Radios: Also more welcome in A-camp.
  • Guns: Never really welcomed at a gathering.

Please understand that all of these suggestions are “agreed” upon by consensus. No one is specificaly bound to these

decisions. You are asked however to respect the space of others and the rights of those who _did_ agree to consensus.

With thanks to the hundreds of contributors who wrote this book.

Original Issue June '87
Revised Summer '88 Reconsensed Sprint '89 FAQ created Spring '95
E-Texted Collated Spring '95

Obligatory Disclaimer: I do not speak for Rainbow; I speak only for myself. And that said, COPY FREELY!

Rainbow Gathering E-Text Miniature Manual – Page 6 (of 6)

This Rainbow Mini-Manual is intended to introduce newcomers to the basic technique of “Gathering”. It Does Not represent the last word on any subject! The contents of this booklet are designed to “Evolve” with the family and not to become any form of “bible”. We can do this by basing its contents on the consensus of our councils and by changing those contents as the consensus changes.

——————————————————————————————–

There is also this following, which specifically, discourages alcohol, but only discourages, saying nothing, the mini manual says, about no alcohol getting past front gate. This discouragement tone, is generally what is referenced.

———————————————————————————

Rap 107

Gathering Consciousness

Please protect this Beautiful Land.

Walk softly. Harm no living thing. Harmonize – Blend in. Cut no living trees. Use only down, dead wood. Preserve the meadows; camp in the woods. We are caretakers of this land.

Everyone sharing makes a strong Human Tribe!

Please Protect the water sources by staying out of DELICATE spring areas. Avoid camping, peeing, washing above spring areas. Keep ALL soap out of streams, springs or the creek! Use a bucket to take your bath 100 feet away from any water source. To be certain of drinking water, boil it!

Protect our Health!

Use the slit trenches or covered latrines – cover your paper & waste with ashes or lime, wash hands.  Dig no shitters near water areas or kitchens. Break the fly/illness connection: shit > flies > food > YOU!

Use your own cup, bowl & spoon. Wash them after eating and rinse in bleach water. Visit C.A.L.M. if you are injured or if you feel ill – especially if you have a contagious disease!

Camp Together – Establish neighborhoods. Community Fires only! ~ Each with 5 gallon water bucket and shovel for Fire Protection. If you are the last to leave a fire PUT IT OUT! Watch your gear: Be Responsible ~ “Tempt Not Lest Ye Be Lifted From.”

Pets are discouraged but if you must bring them keep them fed, on a leash and out of the kitchens, springs, & fights. Clean up their shit. Love them.

PACK IT IN – PACK IT OUT !!!

Cleanup begins when you arrive. Bring in only what is necessary. There is no janitor here … you are the cleanup crew. Separate garbage for recycling. Don’t litter – Find collection point. Compost in pits only.

You are the Gathering! Participate in Shanti Sena, the peace keepers – and all activities, councils, work crews, workshops. Volunteer wherever needed: kitchens, welcome home, firewatch, parking lot, shitter digging, supply, front gate, etc. R-E-S-P-E-C-T your sisters’ & brothers’ energies.

Keep the Balance: Earth, Sky, Trees, Water, & People!

Alcohol is Discouraged, Guns are inappropriate, violence is contrary to the spirit of the gathering. Please take no photographs or videos of people without permission. Discourage drug abuse.

Buying and selling endangers our legal right to be here. The Magic Hat is our bank, donate early to fund our needs. The Magic Hat goes around at mealtime circles and with the Magic Hat Band.

Our power together is many times our power separated.

Enjoy the Rainbow with an open heart and you will see the Vision.

So you see there is an explicit discouragement of alcohol. This disturbs some people. The problem is that no reasons are given for the policies; And no citable recourse exists other than changing consensus in tens of councils.  Not to say discouraging alcohol is a bad coda either. And the rainbows do circle and consensus every day; Yet like our own Constitution, there is no explanation why this is desired, its purpose, or what the alternative is and was? People don’t understand the alternative was a looser knit confederacy of states; people don’t know exactly what the official point is? The real reason for the federal constitution was the alternative of a looser knitted confederacy of states, was more prone to conflict, between, and without. (according to the federalist papers). What is the real reason for discouraging alcohol? Is there one?

Secondly, as there is no real recourse current to change constitutions; as a tribes constitution be what they go forth and through; so what is the recourse, to discuss the rap, in the rap section of the rainbow guide, which primarily lists address of rainbows in most states people can stay with passing through, or network an area with? Even the consensus of one circle, can not speak for such broad overarching effective guidelines. Each rainbow council in each of the thirteen regions, each rainbow potluck council, which for instance both New York City and Philadelphia offer once a month, would have to consensus to the same consensus; The Rainbows do not believe in voting, but unaminious consensus. Each has veto power. It takes just one, to stymie the intentions of many.

Likewise who can stand up to the constitution, why did one generation, have the power to legislate for many generations? Shouldn’t there be frequent and several constitutional conventions? Shouldn’t the Constitutional Preamble prefer, we the states, rather than we, the people, insofar the states are natural able forms to check the federal government, not people. Thus both organization, ideals, lack the forms to change themselves, as it stands now.

Now if the reason to discourage alcohol is alcoholism, certainly the alcoholic, is a sorry and destructive agent. Yet we live in an absurd bad world. School, Marriage, The Economy, are likewise destructive agents. No one stands up to the latter. Do people have the capacity for this? Yes people are responsible for their good and bad decisions; and the sicker individuals, take less responsibility for their bad actions; but we can all agree, we control what we do, both good and bad; and yet we can not say we control ourselves regarding School, Marriage, The Economy, or even critically scrutinize them: How can we then expect the alcoholic to scrutinize his behavior?

And yet, if the case is alcoholism, Serenity Tribe, Wharf Rats, have cared about these matters, and have structures to treat alcoholism, and that would be the sole concern.

And yet if the reason is no loud stupid parties, then the guideline would tend to discourage hosting large and or loud campfires and sites;  This would naturally invoke Shanti Sena, as would the daily circles that consensus on such issues; in which case, our form, is basically daily circles dealing with proximate issues, in favor of one time laws, we all favor and promote, without critically refracting. With a more liberal nexus, Shanti Sena would be a broader and more active form; yet there is to be said, that that might be a good thing, and lead to more proactive reform adjunct.

Likewise we have to ask, why do we have a system of police, in America, when Rainbows have the shanti sena system. The Shanti Cena system, is when one person has a problem or issue turning unpleasant, if they yell out, “Shanta Sena” then all around who hear those words, are obligated to come round and help sort out the controversy, or at least look around and make sure others are gathering forth. This translation into American, as the rainbow community is in national forests has to do with establishing each neighborhood with a grid, whereas a person in distress, hits a button compelling, through corresponding communication transmission, people in the surrounding houses, to organize and come by, like ripples where each ripple communicates with further ripples.

By involving, morally at least, all the people, this system would not enable crime hiding behind law enforcement, judges, as too many people would be involved. These rights are protected in USC 1983. Yet they would also be protected by daily circles of people consensus.

The mini manual, which is much stricter and vitally adamant about front gate and A-camp, was written in 1989.  This was before regionals were popular. Rap 107, which comes later, and quietly discourages alchol, only, reflects a mellower, less “militant” Spirit of the Gatherings, in an age where there have been over 6 2 week gatherings a year, as oppossed to the rainbow of the seventies and eighties, prone merely to 1 large July Gathering, usually in the rockies.

Blaming the influence of pot peddlers for this dispositive concern, even while no money is allowed to be exchanged at the gathering, (aside from donations to the magic hat sometimes passed around the evening circling meal, which is generally used to buy food to be cooked for all, and ocassionally medical supplies, and if rarely necessary, water or water pipes; stems from a summary dispostion positing a marijuanna sacrament, procured so; has come with a corresponding, and juvenile, abusive-alcohol approach. ;

To protect ourselves under USC 1983 title 42, not that rainbows are one for big government, liking to think together; any claims must be dominated, by the fact that such claim is founded due to law or understanding, even while maintaining, that this understanding, being not of federal or state government still constitutes what is meant by “under the cover of law” in sec 1983. And maintain that the claim of deprivations, deprives one of a basic or common right; which the denial of not the loud or obnxious, but privacy and private behavior.

“Prima Facie Case” To establish a prima facie case under 42 U.S.C. § 1983, plaintiffs must allege two elements: (1) the action occurred “under color of law” and 2) the action is a deprivation of a constitutional right or a federal statutory right. The first element, discussed in Chapter 2, infra, involves a fact specific inquiry wherein the court must examine the relationship betweenthe challenged action and the government.

                                                                                      Introduction to Constitutional Torts Litigation

Title 42, § 1983 of the U.S. Code provides a mechanism for seeking redress for an alleged deprivation of a litigant’s federal constitutional and federal statutory rights by persons acting under color of state law. Section 1983 reads as follows:

Every person who, under color of any statute, ordinance, regulation,

custom, or usage, of any state or territory, subjects, or causes to be subjected,

any citizen of the United States or other person within the jurisdiction

thereof to the deprivation of any rights, privileges, or immunities

secured by the Constitution and laws, shall be liable to the party

injured in an action at law, suit in equity, or other proper proceeding

for redress, except that in any action brought against a judicial officer

for an act or omission taken in such officer’s judicial capacity, injunctive

relief shall not be granted unless a declaratory decree was violated

or declaratory relief was unavailable.

Litigating under this statute is complex. Through the years, the Supreme Court has been able to interpret the terms “person,” “under color of law,” “subjects, or causes to be subjected,” and “and laws.” However, the statute “provides little or no guidance regarding important subjectssuch as the measure of damages, availability of punitive damages, requirements for equitable relief, statute of limitations, survival of claims,proper parties, and immunities from suit.” In an attempt to resolve these issues, the Court has taken steps to examine congressional intent, common-law practices, policy concerns, federalism issues, and comity problems.

                                                                                                                 History

Congress passed 42 U.S.C. § 1983 in 1871 as section 1 of the “Ku Klux Klan Act.” The statute did not emerge as a tool for checking the abuse bystate officials, however, until 1961, when the Supreme Court decided Monroe v. Pape.  In Monroe, the Court articulated three purposes for passage of the statute: (1) “to override certain kinds of state laws”; (2) to provide “a remedy where state law was inadequate”; and (3) to provide “a federal remedy where the state remedy, though adequate in theory, was not available in practice.”

The Monroe Court resolved two important issues that allowed 42 U.S.C. § 1983 to become a powerful statute for enforcing rights securedby the Fourteenth Amendment. First, it held that actions taken by stategovernmental officials, even if contrary to state law, were neverthelessactions taken “under color of law.” Second, the Court held that injured individuals have a federal remedy under 42 U.S.C. § 1983 even if the officials’ actions also violated state law. In short, the statute was intended to provide a supplemental remedy. The federal forum was necessary to vindicate federal rights because, according to Congress in 1871, state courts could not protect Fourteenth Amendment rights because of their “prejudice,passion, neglect, [and] intolerance.”

With Monroe opening the door to the federal courthouse, constitutional litigation against state officials developed. Later, plaintiffs seeking monetary damages sued not only state officials but began to sue cities and counties as well. They also sought prospective injunctive relief againststate officials. Ultimately, the federal court became the place to reform Jurisdiction. Two jurisdictional statutes apply to 42 U.S.C. § 1983 litigation in federal court: 28 U.S.C. § 1343(a)(3), the jurisdictional counterpart of 42 U.S.C.§ 1983; and 28 U.S.C. § 1331,  the general federal question statute. Of the two statutes, § 1331 provides for more expansive jurisdiction because it affords jurisdiction in cases raising a federal question. In contrast,§ 1343(a)(3) limits federal jurisdiction to suits involving “equal rights.” Neither statute sets an amount that must be in controversy for jurisdiction to attach. With jurisdiction over federal claims, many federal courts in 42 U.S.C.§ 1983 suits also have jurisdiction to adjudicate state law claims that arise out of “a common nucleus of operative fact.” Formerly known as ancillaryand pendent jurisdiction, supplemental jurisdiction under 28 U.S.C.§ 1367 permits both pendent claim and pendent party jurisdiction.9 28 U.S.C. § 1367 changed “the preexisting law in that it makes supplemental jurisdiction mandatory, not discretionary.

This last is the real effect of 83, mandatory trial. So often crookedness dismisses.

In the mini manual of 1989 before the monthly regionals became popular, a movement which made things less uptight, the reason for the outright ban of alcohol is alcohol impedes the apprehension of ideas. That is ridiculous. You dont want parties, you dont want alcoholics, you feel an animus to all drinking of babylon that doesnt right the ship, but you dont want the drinking in the parking lot. Thats ridiculous. They can drink anytime.  Rainbow is Gathering time, is for a reason.

In Rap 107 which is more quoted and referenced than the mini-manual, which is alluded to, alcohol is merely discouraged, and thats the general standard. Anything else results in stupid drinking in the parking lot as a party, and unnecessarily uptight atmosphere in the woods. IT is worth mentioning, an assumption rainbows are more socialized than anyone anywhere else, is a false assumption. The woods can be packed with rudeness. The therapy is working through this, and appyling such wisdon to your own life effectively.

right to judge, judiciary, simple discovery, there or not, adult or cover crime, deprived under the law of the judicial article of the constitution, under laws or understandings restricting oversight of the judiciary; folly ignorance of simple principle powerful criminals have the means to hide behind, laws and Judges, should protection of rights be doled out for a few delegated to participate in the protection agency; rather than alternative invovlving civic responsibility, structure more oversight, people come together; yet kingdom of god, controlled to ignorance fact lie. Summary judgement so violates, that it is 1983, liability, fed court, pretrial conference see quote. Monroe Papp 1961= overrule law, mandates remedy through state or feds. Maintains officials even violating  law = empowered by color of law.

In this sense declaratory relief unavailable and therefore qualitifies for undismissive quality

A Critical Approach to Section

Advertisements

Legal Arguments

January 2, 2013

Note 1 Where we are now, is a situation, generally and particularily, we as a people, are unable and unskilled enough to discuss. The context of the kingdom of God, we lack ability to discuss, and the gross particulars in between speaking for The Kingdom of God, difficult, without the light of the kingdom of god. Thus we working on enunciating and speaking the deep issues and truths in our life, community and mind.

                                                                                                           LEGAL ARGUMENTS
                                                                                   
                                                                                                     THE CROOKED PATH WE LEAVE
If you chart this case, crooked footprints and a crooked path, you’ll see. For instance, A) Mark, Veronica, others who know would talk. If they can’t account for the money, the money is stolen from them, thus third party liability R. Mark should talk to me if he is stolen from. All the lack of protocol overlooked by Judges, perhaps worst, was, B) My guardian nature never understood, pa328a329a. C) Never a need for litigation, but they accounted for nothing, and I sought Discovery, and still evidence unshared. D) Even so, if I told a jury, they’d get the story, an opportunity denied by a summary judgment upon evidence, court and executor, are responsible for.
These steps and paths reference a Judiciary’s need for reform, per Article 2a State Constitution, “All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right at all times to alter or reform the same, whenever the public good may require it. “ My case certainly is about Security. Is this a true application of 2a? Interpretation as the right of the people to reform the state exists through the conduit of Judiciary? Is this deference to our Unity united as People, not States, assenting to  federal government?
Petrey V. Flaugher reassures us any wide-ranging case requires Historical Contrast to put our  our institutions in perspective; Is the behavior of 2a, historical activity? Can an undertaking into the double lives and oppression of my family, reform a system? Corruption is strewn with double lives. The careful elaborate lies, perhaps dating back from buggery and our schools, is outrageous, and behind the murder of my mother.
Yet this is the story, and what you must understand is that it is History, literally, the story of whomever that great higher power, “He” is, who wants History to be marked with America’s worst kind of corruption, stemming from a backward Judiciary. Thus, the only way out of this totalitarian situation, very much in the interest of judges and our History, is to mark its control of higher power, insofar as this is more outrageous than free will; as may define criminal.
We may see the stems of control from prostitution, the reduction of morality and responsibility by sexual control, the story, or the actual truth, engineered by Man, or God; for one answer leads you out.
We are looking at a network of secret gay people united so secret and private; at the control of masterminds, or God’s view of History? What is said, we are. The constitutional concentrations of power, enabling a treatment of adults, as incapable of reasoning together, thus alienating an attraction to children; perhaps stemming from the concentration of powers in judges, Senates, cultural density, from which crime may hide behind the enforcers of our law. Law has replaced close knit society. As Patrick Henry spoke before the Constitutional Convention, “When we give up the right to guard our rights, our rights are easily stolen”
And yet this conundrum existed in pagan classical times as well. Senates were common among each Italian Tribe. And yet there seems an inversion today; Instead of a traditional notion of salvation, as a world of Truth self-operating, within the State, the deeper nexus, removed, hidden, yet there, enabled, possible, seems some criminal depraved operation of blinding control of a significant portion of America, enabled through a constitution where crime hides behind the Judiciary, resembling one worst vision of The Democratic Party. In the Roman Republic, the Judiciary, aimed at the Republican Senate and Executive, took on that antagonism. How do we get out of this situation? By replacing this crime world, metaphysical as it is, with more traditional salvation, based on knowledge of the kingdom of God. Mark 4:12(They see and don’t perceive. Hear and don’t understand)
                                                                                     UNFAIR TRIAL via DESIGN of FRAUD
Discovery was why I needed to litigate. To confirm the obvious, that the hard-earned wealth has been taken, my siblings, their spouses, controlled, children, vulnerable. Discovery limited to under 2.5 million of mutual funds I knew were over 7 million in 2009 or 2010. Discovery did not reassure me with any emails between my siblings, my mother. No last tax returns were shared to chart the money from. I had an emailPA in April 2010 where she very clearly wants 6 million for extended family and friends, thus the potential to join others, including the unborn, for Vera loved her legacy; and yet rather than tailor a will on this email of a few months ago, were there not later wills, this will from 1994, unsigned then, is signed in 2010. No lawyer signed the will.PA68a   Call the witnesses, Kessler administrators. PB Put pressure on defense, Call people who might know of a later will. Unfair trial, per design of probate fraud to get a judge near the properties of Vera, to overlook matters; did he know before hand? Competent Counsel, for family? continuing extortion and control, prostitution of my siblings; likewise statute capability to manage own affairs, siblings. And as such Statute, remove executor. Realize third party Liability. Conspiracy of Defense and Judge over Mark and Veronica, against me. We see crime hiding behind the legal system. Many victims to this, not me alone. Widespread culture of control here. Isolation, Sin, facilitates laws, which facilitates crime, which may then be vulnerable to greater crime. The tragic lessons from unfair trial. Many statutes guide calling people who have knowledge of suspicions. But feels safe testifying truthfully, if Judges, are the bottom line?
So let us make three points on the above situation.
Historical Perspective: According to Julius Caesar’s account of his Gallic Campaign; the German system of justice went something like this; Every year half the people formed the militaries, and half, farmed. Each year they switched. You didn’t farm the same land each time. It was considered desirable to change areas. The knights and Senates, enabled the legislation that sacrificed through wars; yet matters of Justice, conflict of people and polity, were handled through druids, the spiritual who knew the metaphysical control upon the tribes. It was a life-long tradition or profession; and Justice facilitated the pagan need for human sacrifice.
The System was Different to the Mountainous South in Gall extending into northern Italy. There, whichever Gall was “hot”, in patronage serving those, in having others be useful to him, was reducing conflicts great and difficult in popular fashion, was consulted and contracted, with conflict within a structure of tens of tribes. Unlike Druids, Gallic “lawyers” were short-termed, and attained through prowess.
There was a time in The Roman Republic, where the soldiers demanded a judiciary as a check upon the folly and corruption of senate and executive; so the stipulation, only the plebes would be Tribunes. Livy, class collusion. This infers criminal matters were naturally handled by the tribes, and the judiciary primarily a check upon the other branches, in the way, the Jersey Plan sought judicial ratifications and initiatives.
Compared to these more enlightened structures, Judges today know first-hand the meta-physical control that dominates totalitarianism. As the top of the moral pyramid, and metaphysical definer of powerful information, it is plausible working with Judges, precedes working with the people, insofar, metaphysically, one may more easily effect the other.
Whereas some may say they have more chosen crime, Judges may say there is a totalitarian, metaphysical control of their profession. That the overt pagan sacrifices, now covert, through metaphysical control, an agreed rendition of history, covertly then operates through a flawed judicial constitutional structure, even laws thus themselves, as replacing daily circles of thinking adults. The Judiciary is especially designed for this covert sacrifice;
And yet if History reveals this story, of what is superimposed on Society, on The Kingdom of God, that transformation that enables its very scary point, so the History will reveal our ancestors, for all our material comfort, were harder upon us, presenting a greater unreal situation, than other more tribal cultures. The especially unreasonable, that no judge nor journalist nor lawyer nor people would bring this to sensible discussion,  is the way we were held, and this case, a part of the story.
                                                                                                     WIDE CONSPIRACY
Actually three probate frauds: Letters of Administration never came from proper venue. A) Not restrained, when she was quadriplegic, B) Sound mind, when worth fourteen Million, and allegedly didn’t want to pay for a lawyer to come to the hospital? INT C) Most importantly probating a foreign county, that long eyed her properties and situations, denying the eschatological dignity of a county taking care of one’s own, violated R4:80 Vera Spent no nights in Hoboken, since 1992,working there less and less, PA 202a, 203a pa196a
This is crooked, outrageous, insensible, common knowledge, the conspiracy  widens. Now you may see a controlling agency of Hoboken, and or perhaps even, a controlling evidence of the very powerful family and Judges are mixed up in. Or you may see, how little makes sense, and see the influence of Higher Power. They could have simply blamed Garvin for advising such PA INT. Payne’s Denial of my emergent motion citing nature of probate ruse, wanting Assignment Judge, the lack of policing your own, the denial of the interlocutory appeal, PA, the not investigating fraud, Statute, calling people that know, Sending to proper venue, in second sentence, PA.28a Surrogate Court Judge Donald Leo looks culpable, upper levels of Law Enforcement probably know. There is a vision of many others relegated and regulated, wide-ranging effect, implicating the Judiciary; Judicial knowledge of the meta-totalitarian control of your profession for the covert sacrifice a judiciary not grounded in Truth, provides. The vision is seen, how can there be no oversight. As a farmer, we put pressure on each other’s brands and market, for the free ice cream to be more wholesome, for more to be soothed by agriculture, for spirit and faith to rebirth in old agriculture. Yet the judicial brand, afore said, precludes that kind of oligarchic industry oversight. If Law replaces tight knit community, how can justice spring in Court? The inversion of a salvation, for a world of crime, and sex traffic, even more ignores working with the judges, in hopes the hard ways, may be over, and more sensible ones, begin.
                                
                                                                                                                            4) Protecting People
Even as there is no compensating statute for defendants who are extorted, by a gang their counsel is a member of, N.J. adheres to the appearance of impropriety charter, I imagine now, because the appearance of impropriety threatens those who know and would speak the truth. Oppression theoretically emanates from a judge, as much as protection. Thus many people don’t reach me. I can’t imagine honest deposition in this criminal climate.  Discovery uncomplied, evidence withheld, subpoenas ignored.PA
Specifically, appealing the summary judgment grounded in capacity and honesty, elaborate medical records, T4, will detail her constant trauma, anxiety and three medications. She was at Kessler Rehabilitation four months. Evidence must be shared. The Kessler Rehab ignored the Subpoena, saying it could come from the executor. The Princeton Hospital said medical records could be accessed by the court. PA252, The Judge is saying the court doesn’t care, The defense is saying as executors they have no responsibility to help me gain evidence that would describe her state. Rule 4455a says trial court must wait till evidence is procured. I have to conclude conspiracy, between defense and judge, and a complicit lack of industry oversight. How can I get depositions, with no quotes from Discovery, before crime? When the death certificate says Princeton, and Probate Application, Hoboken. PA201a
Many have to know about this. Co-Workers, old friends, family, what effectively silences them? Law enforcement? Powerful People? Serviced? God’s metaphysical demonstration, or is ECT more common? Once you enter the level of the military, the servicing of powerful people who theoretically cease a critical relation to adults, brainwashing, you really enter a larger domain of God. Suffice is it unimaginable anyone would want to go on this way. It is a history, no offspring could participate in such demise, want to give up wealth, nor judges forever be immune to reform and report: Thus working with the judges, may come first. There is a whole lot ahead. Our ancestors have been particularly hard on us through our Judiciary, and Constitutional Structure. Totalitarianism is a harder god. What to do about it?
Crime may be blinder to the spiritual than your interests of Judgment and others. You may be helped by a hearing whereby The Kingdom of God, the still and silent, and true state of earth is show, be more able to reach a higher level. The Kingdom of God, this knowledge of the altered and being of The Human Race, with its implications to get into, is a big part of the way out, whereby everyone involved may admit their lies, and demonstrate the truth.
By such, or mediation PA May 4 PA 170a, or hearing, may Mark finally tell me his hard story, I need that closure, then we may assess where to go. It may start with Buggery and our schools, it may lead to the DKE fraternity, it may show such great hurt as Mark and Mr. Garvin and possibly yourselves, have lost it. There is a painful long term sensation-effect from anal activity that to me, or a world as it would be, would be painful: But whose sensation in the Kingdom of God, further enables a closing of mind that makes The Kingdom of God, bearable. Thus these people know they are a part of The Kingdom of God, and yet the pressure on them, as they feel the pressure to recreate the general world rendition in media,  the cited pain of anal practice, kept secret, never dealt with, causes them to take it out on others, in an almost self-loathing utterly uncompassionate sort of way. Yet if we may marshal, our sense of ourselves, as within the Kingdom of God, we may move closer to the truth, and effectively resist the pressure to recreate the world the media sees fit to project; for that is where Justice is grounded. Is this opportunity set up for me? To inspect this whole situation, looking ahead, and constructive? Not seeking to punish, but change a metaphysic. For which everyone may have a story, but how to get one to overcome what is holding back the talking? Are the courts at this rarefied spiritual morality? Do you understand this is about overcoming Totalitarianism? Is there anyway, anyone Ignorant can run such a wide organization? That is an issue, that seeks reducing crime. Your story may have to come first. What isn’t, isn’t.  The arc of history. Do you feel it? Does 2a compel my motions or hearings or mediation or preliminary meetings between concerned, serious, people.
—————————————————————————————————————————————
                                                                                Material Facts
                                                                                   MATERIAL FACTS
1)      If my siblings, shared financial documentation of my mother’s wealth, after she died, there would be no need for litigation. Either 7 million in mutual funds, and revenues from property worth 7 million,  50 apartment units, in Hoboken would be accounted for, or not. If accounted for, then conceivably she trusted them, and not me, in management; if not, then they are being extorted from and the family stolen from. PA 117a pa363a
2)      The latter scenario also makes her paralyzing injury suspicious, as she could not so be stolen from alive. PA361a
3)      The discovery has only accounted for under 2.5 million in mutual funds, and nothing on the revenues from 50 rental units in Hoboken.PA249a
4)      This raises a host of questions about how my siblings can be controlled, and so many silenced who know, and this world of crime enact.
5)      Nor have any emails, reassuring, or suspicious, between my siblings, and Vera, been shared. Nor her last tax returns. PA132a PA121a
6)      This then is not a civil, but a criminal matter; and the way marked, with criminal behavior, ignored by official enforcers of law.
7)      As a man of faith, who forgives through knowledge of the kingdom of god, as that truth is different from the world on paper government goes by, I have tried to parley reasonably on the subject; but there is blindness to criminality, that misses the spiritual and natural enlightenment of the moral. PA Emails104a
8)      This is about control, an analysis of totalitarians = analysis of criminal widespread culture, Hard to imagine, wholesome, so totalitarian and criminal overlap.
9)      Could not be done without criminal judges, emanates from criminal legal system PB 37
10)   Many suspicious items. Just at the outset, there were many disturbing suspicions; I thought a judge would easily see. The will was written in 1993 and unsigned until Oct7 2012, PA. Surely a women whose wealth had grown to 14 million, redid her will as she reconsidered her wealth, improved with age, and grew in character, as she herself told me and others, several times. Surely, siblings would show emails indicating the closeness this will purports. There would be a lawyer involved in any will she actually willed, PA,160A (her 2010 planned consolidation for example). A death bed signing lawyers she trusted to protect. Can’t get her favorite lawyers name through Longtime assistant Lena Belakoiva, who didn’t reach me back. That the will had provisions for her offspring at 30 and 40, shows PB Case, both how she always had stipulations upon her generosity, and how for another era, that will, unsigned even back then, reflected. I thought any judge would see it suspicious a responsible executive did not share this will with me, the seven months after her paralysis.  James Narlesky a local judge in Bethlehem Pa, who drafted it, unsigned, renounced his interest, PA343a, doesn’t respond to letters, pa 345a signed off why, didn’t respond, letters. It was a total surprise to me, as for 6 years I had developed my trade of organic agriculture, and for 5 years, had my own small business therein, selling to restaurants in Manhattan, N.J. and Pennsylvania, managing and recruiting workers, building up a market from scratch, developing quarterly and yearly strategies; of which she greatly respected me; And previous to that, 1999-2003, helping her full time, first managing her properties in Easton, seeing them past inspection, and to sale, handling tenants, having a budget, hiring people I wanted. And then, in Hoboken, being her assistant across the board, with 14 hour days. She liked the way I worked many different jobs in the late nineties, substitute teaching, landscaping, working with horses, in restaurants, bakeries, wholesale nurseries. That I lived in Northern Florida, upon her visiting me, inspired her to buy a winter home in Sanibel, that she loved, and replenished her. That I ran for local office on a platform of making local decisions in peaceful assembly, and argued in federal court 04-366 Judge Thompson, local officials abridge peaceful assembly, and violate the reservation of powers to the state or the people; these things she greatly respected. Over the years, I consistently helped her as much as I could, she consistently desired my help, and my friends were friends with her, and her friends, friends with me, and, as we were both unmarried and gregarious and required help from workers, when we were in the same household, in her Manhattan apartment she loved, (having gone to High School and Columbia there) or in Princeton, where we grew up, or Sanibel, often there were her friends, or my friends, comprising the household. We collectively, over ten years, jointly cared for two standard poodles, and two little poodles, who were essential to household as well. When she was injured, I was by her traumatized and anxious state, 50 hours a week. These experiences are far more diverse and deep than my siblings. I could not even cite any jobs my sister had, until 2009, and she was consistently angry and loving though, with Mark. For instance, when she sold 4 buildings and put the money in a mutual fund, in 2006 or 2007, which we watched grow to over 7 million in 2010, Mark, with his degree in finance, did not let her have the checkbook to those funds, which in hindsight, reflects suspicious management. It would be suspicious, for this, all I’ve done, and with Vera, for my siblings to represent me as a paranoid schizophrenic with no hope of holding a job, as they did, PA81a, especially as you see my conduct.
11)   And while she wanted me helping the business as much as possible, generally, Mark, (for Veronica has returned to New Mexico) doesn’t include me in the business, Managing property, or mutual funds, investment, probably to shield me from the people actually running it, and its nature now. and seeing the theft stolen.
12)   Then there is the chilling fact, when I was in Saratoga New York making cheese from goats, and raising chickens by the hundred, learning new skills, she called me a few days before her injury, very concerned, saying she never felt so worried, and would I immediately return home. Mark who was unemployed in 2008 and 2009, began helping in Hoboken in January 2010, and Veronica, and her family moved to Princeton in June 2010, and then she had her injury in August 2010 and documentation or evidence her wealth is in the family, not seen since. I don’t think the math is hard to do. I think her close first-hand experience of my sister’s family and way, and her experience working closer with Mark, had her change her will, again, to put me totally in charge; and this necessitated her demise.
13)   Law is for isolating, not close-knit commonly reasoning together communities. When law is enforced by government, criminals get behind the enforcers and hide and are enabled.
14)   As a party, my siblings are incompetent deciding the scope, of representations, or deciding to be honest with me, blaming others who oppress them; their children vulnerable by same means, and spouses therein, ignoring the third party liability of Mr. Garvin who advised lying to probate, and not recognizing discovery, as he was their probate attorney, who signed not official papers. IF they could manage their affairs, they could admit money gone, or prove they have it, that there isn’t then a controlled network.
15)   Judge Velazquez never overtly recognized this action was never against my family, but to make sure they aren’t long taken advantage of. This was unjust. PA334a
16)   Law enforcement has not investigated this, despite meetings with FBI agent McCarthy of Hamilton N.J., Mercer County Prosecutor’s Office agents, Princeton Township police, where the injury occurred, and Hudson County Prosecutor agents; nor Hoboken police, who must be know something.PA358a
17)   They could have tailored a will to 2010, in the seven months after her injury, she was alive. Vera’s emails from April 2010 state clearly she wanted six million in a fund, with principle to never be touched, whose revenue would be used for education, business start-up, family vacations, younger and future generations to benefit from her legacy. PA153a , friends would have benefitted, Ginadi, for instance, Robert, Tommy, Marlowe Colleen Vinny, Theasa, Family members, surely aware of her friends, Valyas, she was benefactor to many, closer to them than Veronica, is some interactive ways. SO this can expand to the unborn and join others.
18)   A trial is important because a jury could see these suspicions.
19)   Different signatures, between Print and Signature, call will witnesses, Inquire and pressure defense, reassure people who know, ensure subpoena, give Vera the County she lived in, Investigate Probate Fraud, call those who may know of later wills. These things did not happen. I feel there were many later wills, ascribing more and more to me, the more I did that made her proud, as all her friends know, too.
20)   Many people know Vera always gave guidelines to her financial help, concerned about her legacy.
21)   Mark can’t speak honestly in this situation, maybe you can’t either, he does what fits the situation. In the interrogatories, he says, Vera didn’t want the cost of a lawyer coming to the hospital, and claim that is of sound mind under oath, for one worth 14 million. And how can one be of sound mind when as someone who helped the nurses in rehab whole shifts, she was on Xanax, Percossets and Trasydane. If she was of sound mind she would not have needed that medication.  Vera was very anxious, as medical records would show.
22)   At the May 4 hearing, it was said I had no casework, then insensible casework PA265a+ Judge Velazquez, despite several cases on the subject at hand, then claimed it was insensible. This captures the unfairness new trials are based on. PB Statutes, Cases.  Can a judge be on the up and up on other cases? How could he and such misbehavior, be tolerated as one of you, unless you too are prone to the same lack of honor, and shouldn’t we examine the institution that structurally has embedded these misconduct behaviors? As a farmer, among other farms, we put pressure on each other to be more honorable; for the wholesome farm, that offered free ice-cream and hay bale jungle gyms, to be more wholesome, for my farm, to help and teach more troubled people farming, for declining farms, to raise their spirit and faith in agriculture. Rather than each court competing in brand and way honor, there’s a wholesale negating and ignorance of pride increasing the depth of the experience of the judicial market. As a profession, the judiciary, has serious industry issues, this case has a chance to examine; but for to help, I deserve recognition, and to be worked with, not shunted, and the obvious ignored, when the profession, justice, is not to ignore; even if it structured, whereby control of judges facilitates crime.
23)   Before her accident, I had a trust from her father that had 80,000 in it, now access limited, unknown how much here, how much there, them, no sharing figures, I would share my agri-business figures, the trust supported. Vera told me her yearly incomes, shared quarterly reports, now there are none. What I was next to, is dead and taken from me.
24)   Veronica had been given hundreds of thousands of dollars, didn’t have a job that I knew of until for less than a year in 2009, and was looked down on for it by Vera. Yet she is, on paper, a voting member and can access the estate and business, and runs the house in Sanibel.
25)   I start to see a system that supersedes law enforcement, ignores the obvious, hides crime.
26)   Are my siblings in danger if they implicate others? Are their children vulnerable to control. This is why I must hear the story to judge for myself, without power, wisely.
27)   When I managed Vera’s several properties in Easton PA in 1999 and 2000, passing inspections, renovating them for sale, I found prostitutes living in apartments my brother managed, and worry our Hoboken properties have the same activity. Prostitutes may be used as bribes, and to blackmail and coerce. I am worried my brother and sister were sexually abused young, and the tight control this requires, maintained up to the state today, and long intended for the eventual murder and theft.
28)   Many people aware of the situation have not responded. PA250,252a Again how can they fear reasoning with me.
29)   Summary dismissal was grounded in not having medical records from Kessler when she signed the will. Opposing party as executor could have gotten those records. Jude Velazquez seemed ignorant on how extensive those thrice daily records are recording her state. I subpoenaed that information, and did not obtain it. They are intimidated and require court help producing records. Those records will show Vera was in no state of mind to sign that will. As would the witnesses. No lawyers signed the will.
30)   Subpoenas to her tax accountant, Alan Stockleberg, PA 252a were not complied with, The Court, or Executors may help, but evidence must be shared.
31)   Mr. Garvin seems the driving criminal controlling exploiting engineering force behind this. I believe he has known Mark many years, at least since DKE fraternity at Lafayette, where exploitation could have been further secured, along with others, through the condign of depravity and sexual manipulation. He was responsible for probating in Hudson County and had Veronica and Mark lie on probate, to save time and money, they claim, as that her drivers license listed her P.O. Box, but this latter was so her long-time executive assistant Lena Belakoiva, who must be threatened and turmoil by this, could forward Vera’s mail, to Sanibel Florida, where Vera spent months at a time, or Princeton N.J., as she preferred working out of Princeton, yet wasn’t always there. Again, the obvious situation and ensuing silence and cover up implies wide network oppressing many, through judges, whom it is hard to believe would go along with injustice, anymore than my siblings or officials. Thus criminals behind everyone, immoral culture, and or metaphysical totalitarian control creating this story about our country, state, and society.
32)   When Superior Court is to hear disputes, or simply Rules are to be followed, I think Superior Court in Domiciled County is expected. Shouldn’t there be fines for people of not following Subpoenas of 50.00? 3B2:8 Failure to follow Subpoena. And if subpoenas go through surrogate court, would that mean Surrogate Court can resolve there is not a dispute before it, but outright fraud regarding where deceased spent nights, the claim of Hoboken apartment, outright lie, advised by Mr. Garvin, who gets no blame for this. Does the Statute on Fraud 3: B: 1-9 imply other suits upon all involved in this sordid matter? What does lie ahead? Is he secretly more than tax lawyer? There are no records on the business in two years, of monthly revenue and cost.
33)   In the last hearing PA318a, defense claims a psychiatrist saw Vera before signing, without giving the name of or notes from the psychiatrist.
                                                                                                     Procedural History
                                                                                                  PROCEDURAL HISTORY

Vera Fedorov was paralyzed into a quadriplegic Aug 17th 2010, at night from stairs. She passed March 22 2011. I was working organic farming in N.Y.  and by her side 50 hrs. a week upon her injury. I was shown a will from 1994, that was only signed in 2010 only 2 months after she passed. PA 68a Vera was worth 14 million dollars. Surprisingly the will PA put her estate in my younger brother and sister’s hands.PA 48a I had worked with and lived on and off with my mother extensively since 1999. PA28a, 215a The circumstances of her demise and legacy became increasingly suspicious. 13a,14a PA I waited futilely for their conscience. The will was probated in Hudson County, June 22, 2011 though she never spent nights there, dividing up her time in periods of her Manhattan apartment, when she worked in Hoboken, her house in Sanibel FL, where she spent months at a time, and her house in Princeton N.J. Mercer County, where she was registered to vote, and was the address for her income tax. PA186a PA28a She spent no nights in Hudson County. I submitted a letter of complaint Nov 20 2011 in Hudson County.
A hearing was set for Jan 13th. A bomb threat moved it to Jan 27th. My goals for the court was facilitating discovery to see if her money was still in family and extorted or gone. There was only discovery for fewer than three million of her estate. Her last tax returns were not shared. The revenues from her properties in Hoboken not included in the estate, or seen, or emails between my siblings and Vera in the months before her injury. My sister moved from New Mexico to live in Princeton with Vera June 2010. My brother started helping in Hoboken January 2010. The problem has always been a complete lack of honesty as to the situation.
A clerk to probate called me in late December asking what the January hearing should be titled. Maybe I should have had it focus on proper venue per R.4:80.  I focused on enabling discovery through a general concern of the courts, and my concern my siblings were controlled by criminals behind then who were now running Vera’s legacy. Judge Olivier equivocated running the estate with “paying the bills”, giving little heed to the critical factor of how trustworthy competent and oppression by criminals, and kept my siblings as executors until trial. Pa262/3a
Discovery was did not account for 75% of my mother’s wealth. A hearing to reconsider who was executor was set for May 4th. I brought email evidence from April 2010:pa152a Vera writing that she wanted 6 million set aside for family use, younger and future generation’s education or business investment and family vacations with the principal never to be touched. Also legal documents showing her intention of consolidating her three LLC’s into one Florida LLC that showed her natural normal reliance upon a lawyer, making the lack of a lawyer’s signature upon the 2010 signing suspicious. Also Joyce Bogart signed her name, “Bogert”. Judge Velazquez ordered mediation. Sitting down with a third party to try to attain honesty is no lay up in all the lies. Ideally if my brother could be honest we can work through this together. He wouldn’t be a part of murdering his mother, and money taken from him, without enormous third party liabilities. Regardless of his relations to criminals, He shouldn’t equate me with the police, but let me help.
Judge Velazquez, who replaced retiring Judge Olivieri, found nothing suspicious here on May 4 2012. PA265a I set a hearing to change the venue per rule 4:80 on July 19th 2012. Here the judge said too much water had passed under the bridge for this, PA 177a,227a, and he denied the change. I had asked for the assignment judge to hear this motion, in the form of an emergent appeal to Judge Payne,pa233a who said there was no evidence Judge Velazquez would misbehave. I appealed this ruling interlocutory. PA380a
Defense set a hearing for August 10th for summary judgment, which resulted in dismissal, as Elinor Taylor, at Kessler Institute, did not provide subpoenaed documents, as none of the five entities responded to my subpoenas. As executors, they could have procured the elaborate thrice daily documentation of my mother’s heavily medicated, traumatic and anxious condition. Indeed, in probate application, Mark and Veronica swore Vera suffered from no restraint PA 202a, 204a when in fact she was paralyzed from above the breast, down. Her incapacity was noted thrice daily, elaborately. Despite court and executor capable of providing me with evidence, and rule 4:45.5a,b facilitating evidence, I am dismissed by a Jurisdiction, that I think, never lawfully admitted papers of administration to begin with, and doesn’t share evidence they are responsible for, as court and executor. This is an unfair conspiratorial inclination. As such, how can I expect probity from Mark, when he is under a judge he knows otherwise.?
Their response to my interlocutory appeal was that as the case was dismissed, the interlocutory appeal was not valid. pa416a, 415a This is simply vexing argument not based in law. When the appeals court anyway, denied my interlocutory appeal, and I appealed that to the N.J. Supreme Court, PA 422a Supreme Court ruled that as the appeal of summary judgment was before Appellate, the motion to change venue could be challenged in appellate Court. PA 432a
My motion to appeal  to appellate was accepted, PA407a, PA418aI filed a brief Nov 16th. PA433a On Nov 29th, Appellate told me I had 15 days to redo the brief to conform to rules, which this constitutes, an appeal of the summary Judgment dismissal of Aug 10, 2012. My father, a hoarder, required 2 dumpsters get his property up to health code, an important project I was engaged in, at the time the revision form came in, and I could only start these revisions Dec 12, for which I filed a motion to file within Time, Dec 18, 2012, missing Dec 17 by five minutes the day before.
—————————————————————————————————————————————————–
                                                                                           STATUTES

To

   Cases, Statutes and Rules
D’atria v D’atria, 242N.J. Super.392, 576,A.2d 957 (Ch, Div. 1990) “ Reconsideration should be utilized for those cases which fall into that narrow corridor in which either, 1) the court has expressed its decision based upon a palpably incorrect or irrational basis, or 2) It is obvious that the Court either did not consider, or failed to appreciate the significance of probative, competent evidence….
“If a litigant wishes to bring new or additional information to the Court’s attention, which it could not have provided on the first application, the Court should, in the interest of justice…and sound discretion, consider the evidence.”
                                              ———
“In the Matter of the Estate of Vivian Fassett, 03-02-12 before judges Cuff and Waugh, on appeal from the Superior Court of N.J. Ch Div. Probate Part, Ocean County, Docket # 188933, Boiling v. Capers
Generally the law requires only a very low degree of mental capacity for one executing a will. The trial court must determine whether the testator comprehended the property of which she would dispose, the recipients of her property, the act of executing the will, and the relation among these factors”
“Rather the influence must amount to a mental moral or physical exertion which destroyed the free agency of the testator by preventing the testator from following the dictates of her own mind and will and accepting instead the domination and influence of another”
“The burden of proving undue influence is upon the person asserting it, and it must be clearly established…(undue influence) must be sustained by clear and convincing evidence, once a presumption of undue influence has been established the burden of proof shits to the proponent of the will, who must under normal circumstances, overcome that presumption by a preponderance of evidence, Haynes , supra, 87 at 177-78, Hence if the will benefits the one who stood in a confidential relationship to the testator and if there are additional “suspicious” circumstance, the burden shifts to the party who stood in that relationship to the testator, estate of Stockdale, supra, 196nj, at 303.”
Diodata v. Camden County Park Commission, 136 N.J. Super. 342, 346, A,2d 100 (App. Dic. 1975)
       “While venue provisions may be subject 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 part of an attesting witness in proving wills, if proofs are clear, convincing and satisfactory of perjury, will be held fraud upon the cost 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 exercise of the discretion cannot be arbitrary, vague or fanciful” 
Forrest 158 N.J. 428, 436, 730 A.2d 340, 344, June 11, 1999. “Misrepresentation to a tribunal, ‘is the most serious breach of ethics because it affects directly the administration of justice.”
Petrey v Flaugher D.C. Ky 1981 505 FSupp 1087
                               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 parties and witnesses 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 judgment 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 judgment or order for the following reasons; c) fraud…or other misconduct of an adverse party..
4:95-1. Order to Compel Production of Purported Will
A summary action pursuant to R. 4:83 for the discovery or production of any paper purporting to be the will of any decedent, which has not been offered for probate, may be instituted by any person in interest by filing a complaint alleging a belief that any person has the paper in his or her possession or has knowledge of its existence or whereabouts. Upon the return of the order to show cause, the court may order such person to appear before it and make discovery as to his or her possession or knowledge of the same, by the examination of such person and other witnesses, and may order any such person possessing any such paper to lodge the same with the court for probate. If the will is produced on or prior to the return date of the order to show cause and no objection is received, the Surrogate may enter an order that it be lodged for probate and thereafter proceed with probate of the will unless a caveat thereto has been filed or doubt arises from the face of the will. If the will is not produced prior to or on the return date, the court may enter such order and take such further proceedings as deemed appropriate.
R.4:8 Third Party Practice, Third Party Liability
R.4:46-5a,b Specific Facts Required of Adverse Party unless Affidavits are Unavailable: When a motion for summary judgment is made….if the adverse party does not so respond, ….unless it appears from affidavits submitted, for reasons therein stated, that the party was unable to present by affidavit facts essential to justify opposition, in which case the court….may order a continuance to permit…additional discovery to be had….
R.R.26-2 a) …a mentally incapacitated person shall be represented in an action by the guardian of either the person or the property, appointed in this state.
-3 Virtual Representation of Future Interest.
a) Representation by Presumptive Taker In an action affecting property in which any person in beng or unborn may have a future.
R. 1-9-1 Subpoenas, A subpoena may be issued by the clerk of the court, or by an attorney or party in name of the clerk….
1:9-2 “A subpoena…may require production of books, papers….., documents…
R.4:50-1c: Upon motion, with briefs, and upon such terms that are just, the court may relieve a party…..from final judgment or order…for the following reasons, c)fraud….misrepresentation, or other misrepresentation of an adverse party.
                                       Statutes
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 commit 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 appropriate relief against the perpetrator 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 authority to hear and determine all controversies respecting wills, trusts, and estates, and full authority over fiduciaries, and also authority over all other matters and 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 judgment 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 judgment 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 Jersey, shall give information thereof to the Superior Court.
                    The court may direct the clerk of the court to issue and have served subpoenas 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; Affidavit; deposition or proof.
            Any oath, affidavit…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.
                                        
3B:2-7 A surrogate may issue process of subpoenas to any person within the state to appear and give evidence.
3B: 3-10 Later writing incorporated in will. Vera had spring 2010 email setting aside 6  million principle to be untouched, revenue for future generations, wide family.
3B 3-29, compelling discovery of will must come county domiciled in: add
R.P.C.1.6 Candor towards tribunal, lawyer not allowed to perpetuate fraud on tribunal.
R.P.C. 3.3 a 2 pa 307 lawyer can fail to disclose material fact.
. 3B 1-9
3B:3-17, The Surrogates may take depositions to wills before granting letters of administration. People need to feel protected. Murder and oppression, intimidates and causes an incapacitated form, N.J. Should be quicker to recognize.
3B:3-29 Only the Superior Court of where deceased resided has the power to compel discovery as to the whereabouts of any paper purporting to be a will deceased who died a resident of the county. True inquiry cannot come from Hudson County Superior Court, therein, regarding.
RPC Rules 8.2-8.4 review a lawyers obligation to turn in corrupt judges, not deceive, or make false statements, engage in prejudicial conduct, commit criminal acts reflecting adversely on lawyer’s honesty,
DR 7-102 another host of rules, when I believe false evidence or testimony, advancing defense of criminals which no law supports cover-up of murder, murder, extortion of Defense. And B) Require rectification of fraud by client
Advising fraud and lying RPC 3:4 B and F, because third parties are kept silent.,
Judge towing party line too easily, calling filings insensible. Rules 1.6.b2, beyond reasonably belief, RPC 3.3a2 lawyer assists in crime, not reporting fraudulent acts, such as description of me, or misrepresenting will a defense.
3B14-21 Removal For Cause
The Court may remove a fiduciary from office when
c) He has embezzled, wasted or misapplied any part of the estate committed to his custody, of he has abused the trust and confidence reposed in him.
e) He is of unsound mind or mentally incapacitated for transaction of business.
3B:3-23 Proof of Execution Required in Probate Action
If the issue as to the execution of a will arises in a contested probate action, the testimony of at least one of the attesting witnesses, if within the State, competent and able to testify, is required
3B: 2-7 A surrogates may issue process of subpoenas to any person within the state to appear and give evidence in any matter pending before surrogate’s court
3B: 3-10: Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
3B:1-2 “Incapacitated individual” means an individual who is impaired by…mental deficiency to the extent that he lacks sufficient capacity to govern himself and manage his affairs.
3B: 3-7 Any individual generally competent to be a witness may act as a witness to a will and to testify concerning execution thereof.
3B: 14-45 Discovery of Assets in action against Fiduciary
The court may, if it shall appear that a fiduciary may have wasted, embezzled, or misapplied the estate entrusted to him, compel discovery to be made of the condition of the estate by the production of books…documents, relating to the estate, or the examination of the fiduciary and other witnesses.
3B: 3-29 Order to Compel Production of Purported Will
The Superior Court shall have jurisdiction to compel discovery as to the existence or whereabouts of any paper purporting to be a will of any decedent who died a resident of the county, which has not been offered for probate, and to require the paper to be lodged with the surrogate of the county for probate
.
Candor towards Tribunal.
R.P.C. 1.6(b)(2) N.J. Rules mandates disclosure to prevent a client from “committing a criminal, illegal or fraudulent act that the lawyer reasonably believes is likely to perpetrate a fraud upon tribunal.
R.P.C. 3.3 (a) (2) “A lawyer shall not knowingly fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting an illegal, criminal or fraudulent act by a client.”
Forrest 158 N.J. 428, 436, 730 A.2d 340, 344, June 11, 1999. “Misrepresentation to a tribunal, ‘is the most serious breach of ethics because it affects directly the administration of justice.”
RPC 3.4 A Lawyer shall not, a)…obstruct another party’s access to evidence…b) assist a witness to testify falsely, f) request a person other than a client refrain from voluntarily giving relevant information to another party.
2C:5-2 Conspiracy
1) (person guilty of conspiracy, when agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime….
RPC 8.4 It is professional misconduct for a lawyer to:
b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.
d) engage in conduct that is prejudicial to the administration of justice.
DR 7-102 A) In his representation of a client, a lawyer shall not:
2) Knowingly advance a. ..Defense that is unwarranted under existing law.
3) Knowingly fail to disclose that which he is required by law to reveal.
4) Knowingly use perjured testimony or false evidence.
B) A lawyer who receives information clearly establishing that:
1) His client has…perpetuated a fraud upon a person or tribunal shall promptly call upon his client to rectify the same, and if his client refuses….he shall reveal the fraud to the affected person or tribunal.
1) “
RPC 1.2. Scope of Representation and Allocation of Authority Between Client and Lawyer
(a) A lawyer shall abide by a client’s decisions concerning the scope and objectives of representation, subject to paragraphs (c) and (d), and as required by RPC 1.4 shall consult with the client about the means to pursue them. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client’s decision whether to settle a matter.
RPC 3.4. Fairness to Opposing Party and Counsel A lawyer shall not:
(a) unlawfully obstruct another party’s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value, or counsel or assist another person to do any such act;
RPC 3.2. Expediting Litigation A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client and shall treat with courtesy and consideration all persons involved in the legal process.
(a) seek to influence a judge, juror, prospective juror or other official by means prohibited by law;
RPC 3.3. Candor Toward the Tribunal
(a) A lawyer shall not knowingly:
(1) make a false statement of material fact or law to a tribunal;
(2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting an illegal, criminal or fraudulent act by the client;
(3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel;
(4) offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures; or
(5) fail to disclose to the tribunal a material fact knowing that the omission is reasonably certain to mislead the tribunal, except that it shall not be a breach of this rule if the disclosure is protected by a recognized privilege or is otherwise prohibited by law.