Open Letter Complaint
Against Judge Ritenour to Florida Bar
To: The Florida Bar - Department of Lawyer Regulation
From: Rev. Frank Paul Jones - President and CEO - The
National Community Network
RE: Judge Anthony Ritenour & My Summary Judgment Request
Date: 21 July 2014
All supporting documents were included with complaint.
I filed a summary judgment on about 6 July 2014, on several
grounds. I have a small claim court case that I suspect is an act of extortion
that is being condoned by Honorable Judge Ritenour and the Highlands County Civil Court Highlands
County
On my day in court 3 July 2014, I notice that most of the
people who were supposed to come to court that day, received default judgments.
Something that the Judge recognized as suspicious but chose to due business as
usual, granting the credit collections there request for default judgments.
However, I notice I was served at the wrong address and my
debt is assigned to someone else's address. I never agreed to a phone witness
being admit able, there is not record of this debt ever being transferred to
these debt collectors from my creditors or what authority was established for
the debt collector who claims to now be the new creditors. Thereby being a creditor, while acting as a
third party collector of said debts, seems to be beyond the intend of the law
establishing debt collectors. I think either the judge should know this and be
deemed corrupt or be deemed incompetent.
What is going on will require someone to go to this court
during these credit collector civil court proceedings and actually see what is
going on here. But it doesn't stop
there, the whole County Court System here is corrupt and black people are
systematically mistreated and jailed. However, my concern is why hasn't my
summary judgment been answered after over a month and a half. They didn't even
give me the dignity or respect to give me a discovery that I can prepare my
defense. But tell me, you have to defend
yourself and as paralegal by education,
I can see through what is attempting to be done to me on 28 Aug 2014, my court
date. A kangaroo court?
I might be getting a large settlement from the VA soon.
Paying my debts isn't the issue, but these are not my debts anymore and I never
borrowed anything from Midland Funding and m y creditors forgave me and closed
all account with zero balances. Yet Midland
Their scheme in an nutshell:
File a lawsuit in civil court based on debts that do not exist and make
people either mediate without legal representation, thinking they owe these
people, while the judge acts like they do or get a default judgment, so they
can just take peoples money without them even knowing it is being taken from
their account, causing all kinds of financial problems for people who already
suffered enough. Double Jeopardy? My argument is Judge Ritenour is in on it.
Because how can he not see what is being done and call himself a judge?
____________________________________________
Rev. Frank Paul Jones - aka Apostle Paul Castellano
In the County Court of tenth Judicial Circuit,
in AND for Highlands County Florida
Case No. 14-166 SPS
Plaintiff
vs.
Frank
Jones
Defendant
Defendant Motion for Summary Judgment
AND Memorandum of law in support thereof
1: Introduction: I
Frank Paul Jones who is competent and a resident of the State of Florida
Under Florida Rule of Judicial Administration 2.530(d)(1). I never agreed to the plaintiff being allowed
to present their telephone witness at my trial. Under Florida Rule of Judicial Administration 2.530(d)(1), it is clear that all parties must agree to such an
arrangement. I do not concur with your decision to allow this and was never
asked while in court. And therefore, I
request that the court finds this witness to be inadmissible at my trial.
Case law interpretation of this rule held that, under Florida Rule of Judicial Administration 2.530(d)(1), a
trial court's only has the discretion to allow testimony to be taken over the
phone if all of the parties consent. See Cole v. Cole, 86 So. 3d 1175 (Fla. 5th DCA 2012).
If the judge allowed a party to testify by phone over the objection of
another party, the trial court committed error. See Cole, 86 So. 3d at 1176 (citing S.A. v. Dep't of Children and Family Servs., 961 So. 2d
1066, 1067 (Fla. 3d DCA 2007)). Your Honorable Judge Anthony Ritenour, although many judges thought that
they had some discretion to allow a party to testify by phone under the Rules
of Judicial Administration, there was simply no such discretion. See M.S. v. Dep't of Children and Families, 6 So. 3d
102, 103 (Fla. 4th DCA 2009).
Secondly, under RULE 1.280 GENERAL PROVISIONS GOVERNING
DISCOVERY, I requested a discovery by requesting that certain questions be
answered at pretrial. They are all on
record and a copy of them are in your possession. None of my questions were answered at
pretrial to include my request to dismiss this case against me on the grounds
of the 4 questions or issues raised. At
pretrial, I gave the court and Midland
Funding LLC, my information and concerns and therefore showed them my hand. The
court accepted my information to then be forwarded it to Midland Funding LLC,
but I never receive my discovery and therefore have no idea what to expect upon
my trial date. This clearly puts me at a disadvantage. These are also grounds
for dismissal. If my request for summary
judgment is denied, I request that I receive the discovery for this case
from Midland Funding immediately, so I
can prepare for trial. And please for
the record have them answer my pretrial questions, because it is important
information pertaining to this case.
Thirdly, As I showed you
all of my credit card accounts were closed, with a zero balances and one late
payment recorded on each of them. Therefore this high debt amount of $4255.25
is above the original debt by far and a debt collector cannot charge more than
the original debt. The interest they are
claiming does not exist. I made this clear to the court and it went unanswered.
The account in question is billed to Frank P Jones 2940 N. Buckingham Rd, Avon
Park, Fl. 33825, which is also the address that as served until being
redirected to the proper address. This
is not my bill, because I never lived at that address or ever used it to
receive mail.
Fourth, Being the accounts were
closed by the original creditor, the second party being HSBC, no longer exist
in this business transaction and therefore Midland Funding no longer qualifies
as a third party. This is exactly what the law was designed to prevent under
2013 Florida Statues
559.55Definitions
(6)“Debt
collector” means any person who uses any instrumentality of commerce within
this state, whether initiated from within or outside this state, in any
business the principal purpose of which is the collection of debts, or who
regularly collects or attempts to collect, directly or indirectly, debts owed
or due or asserted to be owed or due another. The term “debt
collector” includes any creditor who, in the process of collecting her or his
own debts, uses any name other than her or his own which would indicate that a
third person is collecting or attempting to collect such debts.
The exception to this rule
would the that my debt be assigned to Midland Funding LLC. However under the . FLORIDA CONSUMER
COLLECTION PRACTICES ACT "FCCPA," Midland Funding was required to
inform me of such assignment. 559.715 Assignment of consumer debts. The problem here is that I never received
such notification from Midland Funding LLC.
Midland Funding never properly established their ownership of said debt.
WHEREFORE, I the Rev. Frank Paul Jones of 917 S. AVE, Avon Park Midland
Funding LLC, be required to validate all alleged debts owed by to them. And if
they cannot prove I owe these debt, I request that court require them to close
all of these accounts and notify of their actions.
I HEREB Y
CERTIFY that a copy of the foregoing has been furnished by hand delivery to:
Name:
____________________________________________________________________
Date:______________
Name: Frank Paul Jones
___________________________________________________________
Signature:
Telephone
Home: 657-2896
Cell:
863-458-0396
STATE OF FLORIDA
Sworn to
(or affirmed) and subscribed before me on 6 June 2014 by Frank Paul Jones.
___________________________________________________________________
DEPUTY CLERK
___________ Personally known
___________ Produced Florida State
No comments:
Post a Comment