let me take charge

SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-000478-12

Vic Fedorov Pro Se CIVIL ACTION
Appellant ON APPEAL FROM
V. HUDSON COUNTY SUPERIOR COURT
Mark Fedorov SUMMARY JUDGMENT
Veronica Fedorov
c/o Ron Fraoili Esq.
304 Hackensack St.
Wood-Ridge N.J. 07075
Respondents

_________________________________________________________
Plaintiff Reply Brief
___________________________________________________________

Vic Fedorov Pro Se
219 Yardville-Allentown Rd
Yardville N.J. 08620
201 232 1154

TABLE OF CONTENTS

1 …………………………………PROCEDURAL HISTORY
3 ……………… …… …… MATERIAL FACTS
6 ………………… …. LEGAL ARGUMENTS
6 Due Process, Recovery, Healing
6 Does It Make Sense?
7 Monell
7 Article 1:1 N.J. Constitution
7 Rules
8 What to Do
8 A miscarrying judiciary is the origin
10 Why Litigate, Explain, Civil
11 People behind in Hoboken.
12 SUMMARY JUDGEMENT?
12 They’re made
13 The universe is less, that’s why we have the kingdom of god.
13 Rebuttals by Plaintiff
16 Judgment, Individual Stories, Want Reform,

PROCEDURAL HISTORY
Was Vera’s demise, planned long ago, able to hide behind Court? By widespread means and organization capable of controlling other instances, as well.
Certainly for Veronica and Mark, to either show they are managing, or say they are oppressed, and do neither, is not a constructive scope or adequate counsel, or capacity to manage their affairs.
The control, of so much, to get here, I would like to examine, and question people about, untoward remedy and reform, trusted. This is what a farmer comes across? Corrupt in laws, merger of law and crime, widespread silence? How does one believe in Justice? Is this merely an opportunity to point out people are made, at the highest order of society, and try to change thing?.
Can the court get my siblings, or anyone to work honestly with me? Even if I am restored to power, there are scores of criminals who conspire and network; people and spirituality has to lead to them. Injustice goes on too easily and dangerously to detriment of family and people and ethics.
The courts erred in issuing letters of administration, allowing foreign venue upon fraud, not recognizing the lack of discovery is consistent with crime, and money taken from Mark and Veronica: Nor that I am trying to protect them, or their counsel and Defense, suspicious and works for those who control them, not them. That will and trust immediately are suspicious; That people are silenced, that it is important to know how. That people know Vera had several much later wills. That honesty, as precondition to settlement, means due process, and professionalism. The Court erred not recognizing slander, in dismissing the case without Discovery, or medical records, in not discussing fraud, and not promoting honesty, and duly processing what the lack of discovery implies, and what my siblings state, and opposing counsel implies a too easy acceptance of, should be helped, what did they go through, and others. I need to know to protect myself family and people. They can not and have not protected the wealth, nor were intended to. For as I have written, and you know most of all, the design of Society is purposefully unsafe. This is a vehicle for that exploration and yourself, and court.

MATERIAL FACTS

1) There is a litany of errors made in lower court, all of them harmful, and conscious.
2) No due process, which would show the way of honest constructive talk, as goal of civil court, and calm.
3) Slandering me as mentally ill, when no doctors, complaints, medications, since February 1993; and years of steady work.
4) Dr. Lyndahl, of St Vincent’s l then explained to Vera, it was just difficulty of expression, not mental illness. In 2010, I had income and resources from a more than full-time 6 years in organic agricultural, as well as income and resources from, working for my mother for which I I had a monthly retainer; and a trust from my grandfather for 80,000. That is what should be said about me and Vera.
5) The harmful and conscious, criminal, error, of not recognizing Slander, and other suspicions such as old 94 wills, unsigned when drafted, little discovery, is a tort that harmed the estate, siblings, others, by allowing untrustworthy murderers and criminals to loot and manage the estate and family.
6) Slander, tort, deny, honest talking, constructive truth.
7) They want to keep my family? I would convert people to morality from subjective conscience? They can control others, but not me? Psyches damaged from abuse, trafficking? See the destructive nature we need to work with? Communication crumbles it.
8) I never desired Hudson Venue, I went along with it to secure discovery quicker. When I saw the foreign unfair venue, I moved to change venue, per fraud too.
9) Defense obscures connection between conspiring powers in Hudson County, desiring Vera’s wealth, in Hoboken; probating falsely abets. Their response is dismissive, ignoring.
10) Counties taking care of their own. Denial of due process
11) When I worked with Vera, we would enter our company bills into the computer, per vendor and building. I was aware of mortgages, monthly revenues, and their distribution. This is far from what it is now. I saw quarterly mutual fund statements.
12) Standards of Appellate Review, resists summary judgment upon incomplete Discovery. If Discovery’s not there, Crime is.
13) Judges, Mark, isolated, protected, to so fly in face of facts.
14) Defense claim their executorship, (obtained fraudulently) could have helped in Discovery is vexing. Medical records, due process, would show Vera’s state of mind, and how well I calmed her down and made her happy, force honesty or trial.
15) The will from 94 had stipulations for ages over ten years ago. A real will would have mentioned a farm.
16) People are too scared and impaired to discuss this.
17) The scope is whether my siblings and others can be honest, in face of threat, and psychology.
18) What is capable of influencing judges, commerce, law enforcement, lawyers, banks? The Democratic Party, Frank Hague’s legacy, with lower orders of oppression, prostitution. This is what I have to look into, for them, and the people.
19) I will show the link between higher power and totalitarianism, how that is reasoning relief to crime.
20) Summary Judgment, negated a declaratory May 4 order for mediation? They are 14th amendment violations, when state deprive protected rights and immunities.
21) The cause of errors: too much judicial discretion, concentration of too much power in too few, sex trade.
22) Sandusky is in a schizophrenic state of denial, and critically not apologizing, because such moral steps would take him closer to revealing the culture of pedophilia. Crime, like addiction, seems comes with a culture of many.
23) A jury would see the suspicious story, harmful and calculated.
24) Vera relied on my guidance, shown here, and wanted me to guide family more.
25) Mr. Garvin, who advised on the will signing and probate, PA 131 never gave me the due process of any explanation or face questions. Mark and Veronica sadly have denied me any due process of honest serious on the level discussion.
26) This is because people are made. The Kingdom of God is real. People are easily made to be something, a long time. There is no choice. And what is done, so low, and aimed against, harmful psychologically.
27) This metaphysic invested in the negative now, has to understand we are interested in its interest.
28) Mark is not a capable fiduciary or disinterested trustee called for.
29) Vera’s murder, and how my family went and goes along with it, as well, as obstructive, lying treatment of me, who is trying to help, is crime; yet I am trying to resolve and reform it, civilly. Atheism does not explain this.
30) Defense never shared much requested Discovery, and lie, about me, their clients, and Vera, fundamentally, particularly, calculatedly.

LEGAL ARGUMENTS

Due Process, Recovery, Healing
Due Process in Civil Court: Honest, Civil, Respectful discussion of issues. Not punishment, but figuring out what to do, recognizing no one wants to do bad, that there are serious issues here, that this involves many people, that we have to work through what went on; and that my spiritual background is helpful. This isn’t even about money, but reform. Mark and Veronica need help to work through, and others, the lives that they have had. Their unpleasant sexual oppression occludes honesty, conscience. This could be widespread. And an opportunity, to sort out what is really going on through due process. There can be wholesale control. and giving up, of lives and dignity; a secret side of, Constitutionalism, we’ve long meant to cure. Vera’s murder, and how my family, and officials, went and go along with it, as well as obstructive, false treatment of me, who is trying to help, is crime, atheism does not explain. I have to get behind this matter, in the interests of good, and find out what happened, because it doesn’t look isolated. Why no one like me has come along, I don’t know; another inquiry. Serious psychological inquiry is needed.

Does It Make Sense?
Could humans do all these bad things? Could we all be controlled by higher power? Totalitarianism defined as ignoring that? How could Journalists, Judges, Lawyers, not have reformed, this, what no one could want. This demonstrates how people are made, how there isn’t serious discussion; people don’t choose this dark route. They didn’t get a life, that’s the psychology to it; you’d rather invest in tragedy, hard and painful to discuss, and yet done for you: That crucible being the lack of discussion of this serious deprivation in the media; which in turn can be brought up through discussion here. Too many people are too easily roped in, for it to be explained ignorantly.

Monell
Any widespread culture of oppression, shocking as it is, has to be protected by police; and this is where Monell may be used to prosecute municipal abuse of law. Monell v. Department of Social Services308 holds that local governments may be liable for damages, as well as declaratory and injunctive relief, whenever “the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body’s officers. Moreover . . . local governments . . . may be sued for constitutional deprivations visited pursuant to government ‘custom’ even though such a custom has not received formal approval through the body’s official decision-making channels.”

Article 1:1 N.J. Constitution
Among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.” This was denied my mother. I pursue it. Is it hollow? Look at the wink of Defense brief to you.

Rules
There are many genuine issues. There have been false affidavits. Rule 4:50 that fraud is basis for new trial. Rule 4:80, to probate where domiciled, statutes, witnesses to will in domiciled county 3b:29. Don’t eschew the eschatological principle of counties taking care of their own; PA Foreign county enables exactly theft. Wouldn’t it be wonderful to just work through this honestly, civilly? Is that too high a bar? Were there any subjective desire for this, it would have been civilly explained to me. Statutes call for inquiry into fraud. Fact-finding, would find verifiers. The court erred in not concerning with medical records, because nurses noted how close and helpful I was to Vera and what a special relationship we had, especially compared to notes on sibling. Any due process shows what’s right, what’s wrong, and what there is to work out. But these apparent enough to signify deeper structural error; Such as how can a Judge, be able to ignore consciously, suspicions, and what magnitude is this grievance, for people? So order talking. Let’s figure and work.

What to Do
Things are tight, we have to consensus an obvious consensus; that something bad is happening that has to be worked out, for which people have to trust the opportunity to talk with me, without fear or insecurity about issues, or confusing fearing truth, with fearing criminals. We can review those issues before initiating honesty. Credibility, defense, my sister and brother are neither free, nor in the right community to talk with me about what really happened in their life; (and their defense lawyer, isn’t immune from his stories, how they happen, how this could be agreed to). Are people too embarrassed by experience, to talk to me? Wouldn’t their embarrassment conduct through others? Obviously not, so questions. The alternative of not talking, seems dangerous for all.

A miscarrying judiciary is the origin

Whether the motion was granted or denied, the standard on appeal for review of the decision on the motion is: The trial court’s decision on such a motion shall not be reversed unless it clearly appears that there was a miscarriage of justice
There are clearly miscarriages of Justice here. For instance, “Generally, where discovery is not complete, summary judgment is not appropriate, at least where it is clear that at least one of the parties still wishes discovery. See, for example, Crip pen v. Cent/ Jersey Concrete Pipe Co., 176 N.J. 397, 409 (2003). But in Liberty Surplus Ins. Co. v. Amoroso, P.A., 189 N.J. 436, 451 (2007), It decides first whether there was a genuine issue of fact. If there wasn’t, it then decides whether the lower court’s ruling on the law was correct. Walker v. Alt. Chrysler Plymouth, 216 N.J. Super. 255, 258 (App. Div. 1987).”
What judge doesn’t see the natural quest for me to account for What judge doesn’t see the natural quest for me to account for an estate whose information I could and did access anytime, through Vera, or the natural volition and preservation of my siblings to either reassure me, or admit the estate is being looted, and you’ve lived a life secret to me that went on without me. Now with me, it will stop?

“The ground in subsection (f) allows vacation for “any other reason justifying relief from the operation of the judgment or order.” For this subsection. Relief is available only when “truly exceptional circumstances are present. “Used “sparingly” and only “in situations in which, were it not applied, a grave injustice would occur.” Housing Auth. of Town of Morristown v. Little, 135 N.J. 274, 274, 286 (1994), quoted in First Morris Bank and Trust v. Roland Offset Service, Inc., 357 N.J. Super. 68, 71 (App. Div. 2003). The appellate court will reverse where that discretion has been abused. Mancini v. E.D.S., 132 N.J. 330, 334 (1993). There were abuses of discretion, grave injustices will and have occurred and truly exceptional circumstances are about.
“Decision on whether to remove a fiduciary, such as a trustee under a will, is addressed to the trial court’s discretion and will not be disturbed on appeal absent a manifest abuse of discretion.” Wolosoff v. CSI Liquidating Trust, 205 N.J. Super. 349, 306 (App. Div. 1985).

If a judge makes a discretionary decision, but acts under a misconception of the applicable law, the appellate court need not give the usual deference, exercises of discretion “are entitled to respectful review under an abuse of discretion standard.” Serenity Contracting v. Fort Lee, 306 N.J. Super. 151, 159 (App. Div. 1997).
“To decide if there was a miscarriage, the appellate court defers to the trial court with respect to “intangibles” not transmitted by the record (e.g., credibility, demeanor, “feel of the case”) but other-wise makes its own independent determination of whether a miscarriage of justice occurred. Carrino v. Novotny, 78 N.J. 355, 360 (1979);
“Trial judges must make fact findings that are sufficiently clear and complete to permit review. Otherwise the court will remand, for fact-findings, to the agency (Matter of Vey, 124 N.J. 534, 544 (1991); Matter of Issuance of a Permit, 120 N.J. 164, 173 (1990)), or to the court. If the findings are bad enough and the record sparse, the court may order a whole new trial. Hewitt v. Hollahan, 56 N.J. Super. 372, 382-84 (App. Div. 1959).” What fact-finding? There was no fact found. The transcript PA336 shows Judge Velazquez has no idea Vera was worth 14 million, or that my motions have case law PA269. Even though the transcript references 14 million May 4, 2012., PA 272. He is given a lot of latitude to ignore their lack of credibility, in this sense, like Mark, even though it is obvious, his psychology enables the cahoots of crime, despite common knowledge.

Summary judgment must be granted if “the pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a judgment or order as a matter of law.” R. 4:46-2. But there are many material facts challenged by me.

Why litigate, explain
A widespread powerful conspiracy could admit their power to me. Do they not because to me they have a conscience, but as construed, they don’t? Due process could have already led to this. But Defense Counsel’s nature is not communicative, but about taking over wealth, available via murder; nevertheless, honesty, is the main thing I want. Certainly the first; from there, we have to think, but things calm down, because lying is not impeding thought. I realize they think their control is paramount, yet are they of free will and discussion? And what about simply putting freeing Mark and Veronica or others, on the table?

People behind in Hoboken.
It seems there is an order of ring powerful enough to control law enforcement, lawyers, the judiciary, even commerce; to the nefarious end of murdering Vera Fedorov, and taking her wealth, through the trafficking of her offspring, Veronica and Mark; These means, widespread, applicable. This higher ring looks like the remnant of Frank Hague’s machine. The lower ring maintaining sex trafficking probably has its own circle around New Mexico and Veronica, and around Mark.(There was recently a case linking internet prostitution in N.M. and N.J.) Insofar one ring serves the other may protect it. Hudson County was a critical venue for running this operation. That defense counsel ignores and obscures siblings own interest, might be harder in a county, where Vera and I shared the same household in Princeton on and off, since I fixed up the house from renters in 1996; an experience Mark and Veronica, being married, totally missed, except two months at the end. It would be easier to see the estate is paying for their lawyers, that I outshone them in local schools years ago, and earned respect through agriculture, and local politics. Citing the crime about compels recognition of horrible situation I can lead correction of, as no one else has; through 2a, altering and reforming, benefitting people, freeing from crime within totalitarianism, helping Veronica and Mark.

SUMMARY JUDGEMENT

Who wants to intimidate medical directors? Who can’t talk about what they do? How do we apply and put together, knowledge of higher power? Can that make higher up civil, and discussing? Can the Community, I transmit; replace the courts, even while courts order civil proceedings? Am I and 2a more appropriate to lead this, because the people are community, and the courts, as tighter, closer to this origin? I see safety’s locus in community circles. We do not have safe society, we have some sacrificial design; a media outright and immaterially controlled, and corrupted; whose grace may be given us, or not; the context of the universe, for which there is the kingdom of god; I don’t know. But let us acknowledge, our world is where government, dominates over non-atheism, and where the Judeo-Christian replacement of paganism, wiped out the dialogue sought here. So maybe there is more fear, or ease, than there should be; still Plaintiff hopes the slander and lack of due process signals a point that must be controlled. Can all benefit, like adults, or will that not be allowed a priori? The context of spirituality where we admit our own interests, and recognize the totalitarian facility going on, is important. This might be done, one by one, each by each, through movement of consensus, or threat of judgment, or conference means or any means.

They’re made
Mark and Veronica threaten me, but also are threatened themselves? How real to them, is the threatening world they live in. It exists because they are made. I need to sit with Vern and Mark each and explain to them they are made, that the kingdom of god makes it easy for bad people to be made, and they are just bad people, they had no say in the matter, its higher power determining the way people are made and they are clearly forced. And I think that is the problem in generating honesty. They can’t admit they were made and had no say, but they also can’t admit what they’ve gone through, and that’s important. it’s atrocious, it’s not shame of particular actions, its shame of total control.Incapable,psychologically impaired by life experience, this, not talking, or getting love, going on.

The universe is less, that’s why, the Kingdom of God.
The universe is much less than earth. Yet older and harder and behaving as it does now. Sympathy or a lessening, which is what the Kingdom of God is, is in sync with the universe. Compare, the abundance of earth, and cold poverty of universe; our sensitivity, and outer space. Though Jesus introduces the term, he does not say what causes the kingdom of god nor what design, control and History, it enables. Those of Hebrew descent, may think of it as being made from clay why from clay. So metaphysic, which means relations between parts not necessarily tangible, may be examined, here as a wonderful needed opportunity, concerning Justice.

Rebuttals by Plaintiff
1) Their claim I am not allowed to challenge will, when both statute and case law says otherwise, is not grounded in law, (as is a lot)
2) Their complaint about my letter to show cause as a few days late, ignores good faith, and statute 4:50- about fraud being immune to durations; but most, they merely have to reassure me, or talk honestly. Maybe we have to recognize how truly rare that may be.
3) Their claim transcripts weren’t served properly when, case manager said it was fine they were in appendix.
4) Quoting the judge I’m “Self-serving”. Farmers are not greedy, and am trying to help Mark and Vern, with this, now aware.
5) It’s their job to fess up to lying under oath, according to statute and professional guidelines. With Vera and my grandfather trust gone, no money for estate lawyer, much less crime-concerned, or long-term management.
6) Their claim, PA, 415when a case is dismissed, interlocutory appeals are dismissed with it, is not grounded in law. While interlocutory appeals are consolidated with general appeals, alone, they critically allow the case to go forward as they would cast a mitigating light upon summary or final judgment.
7) Material facts gloss over a suspicious trust, unknown witnesses, that Vera was severely anxious, and that Veronica and Mark have failed to show me they have the money or are in control, so there is little credibility, over several issues, and I have worked full time since 1999, and part time, since 1996, as earlier, there have been no doctors, medications or incidents since February 1993, I filed federal tax returns every year since 1999, on my own. This inference otherwise, they know is not true. I was not on disability benefits before Vera’s downfall, and was bullied into it, afterwards and was qualified, by virtue of four months in St Vincent’s in 1992, and not any current medical diagnosis. There are rules in N.J. about slander, and this, a trailhead to calm.
8) That I waited 7 months to file regarding changing venue, a) I just wanted discovery to see if there were criminals who have taken the money, or Mark and Vern are managing the money; an urgent primary concern. As soon as I saw otherwise, I motioned to change venue. They did the fraud, where is their credibility, they don’t even own up to fraud. They also ignore how I mentioned the wrong venue in the second sentence of the complaint and that the primacy of changing venue wasn’t explained. Shouldn’t their concern be about where the money is, and the eschatological wherewithal of a county looking after its own? They ignored R.4:80, they lied under oath. Defense Counsel are bullies. They denying Hudson County venue didn’t facilitate theft? I could show a jury how contrary to professional conducts rules. By just beginning now, I hope we see how more things can be brought up. I essentially did not get a fair court in Hudson County, and that is the main of changing venue. Moreover, I can see why assignment judges are meant to oversee venue hearings. This should have been caught in probate. You can’t justify fraud for this intent, when its design is so obvious. How does an Industry or trade, allow this? Not knowing an old trick of foreign county manipulation?
They claim the will, signified a Hudson domicile. They ignore they lied in claiming Vera had an apartment in Hoboken, and that she hasn’t had an apartment in Hoboken since 1992. The will was drafted two years before I returned to and fixed up the house in Princeton in 1996, which had been run down by renters who eliminated our mortgage, and by the end of 1998, they were gone, and my mother and I were relying on it as a resource and household in our peripatetic lives. This return to Princeton, for we all abandoned the house by 1990, by my mother and I that lasted till her death was a powerful bond my siblings did not share with her, being married, and with children.
9)Their claim they have no obligation to account for the bulk of Vera’s wealth…if they can’t reassure me, then there is something very suspicious going on. If the will is fraudulent, then so are the entire assets transfer. Anything Vera gave them, before she died, or in her lifetime, they should be transparent about, that’s just good business, and trustworthy, and bankable and legal civil. I was unaware of particulars of any transfer from Vera to her offspring before she died, though they were represented as percentages in her schema; and was made aware that assets were being transferred as she was injured, to avoid taxes, and so in good faith, at least, to say nothing of reassuring my dark fears, these accounts should be shared, in this matter. Due process is about justice. If something’s up, lay it on the line, don’t lie.
10) Their financial narrative is something I’ve always wanted counsel about; Vera was trying to merge three LLC;s into one, and operate out of Florida; but that never precipitated; that is my narrative, and I add to that, I think Vera got to know them more and more, as 2010 was the most either had worked with Vera in many years, and she saw I was the respectable one, and had a will with me in charge; for which they attacked as planned, somehow, and from there, the mind frame is never the same, upon this alleged additional duress.
11)This expectation of proof from me is again, not grounded in law, nor reasonable jury trial. Reducing furthering criminal oppression, and its occupation with overcoming its blind obedience, tactically, compels some compliance from courts to facilitate some initiation of honesty and trust, from which a lot of good will benefit, and crime reduce.
12)What is the big deal about helping me get medical record, if you have the interests of my family? What is defense counsel covering?

Judgment and Individual Stories, Reform, Wanted
All the people I know, in this, and all the people they know, all have some story, that is beyond some known human character, and therefore hidden, as well as not really sensible or humane.
They need compassion, to overcome the psychology of giving in to bad people, and not helping. People close to people, family, has the unique opportunity for evil to get close to someone, and the nature of many institutions, insensible towards liberating truth. Judgments may force talking, consensus and conference and general admission, as well, the recognition of this vehicle to wholesale reform, also. Can Murder, controlled oppression, silence, widespread means, compel the consensus, we need to talk honestly, and Spirituality and Reform, public benefit, better justice, less oppression, a better earth

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