IT'S TIME FOR PEOPLE TO SEE HOW CERTAIN BLACKS AND CERTAIN PERSONS OF COLOR SELL OUT THEIR ETHNIC GROUPS TO BE ACCEPTED BY RACIST INDIVIDUALS IN THE POLITICAL MACHINE.
MOST BLACKS IN THE PARTY HAVE LIMITED AUTHORITY OVER MOST CAUCASIANS AND NEED PERMISSION ON HOW TO RULE OR ADJUDICATE CASES AS IF THEY WERE CHILDREN.
THIS APPEAL WAS FILED MARCH 18, 10:05 AM IN THE CIRCUIT COURT OF COOK COUNTY.
THE PERSON WHO DESTROYS AND SELLS OUT THE MOST PEOPLE IN THEIR ETHNIC GROUPS IS PROMOTED OR APPOINTED TO THE APPELLATE COURT OR AS A JUDGE DEPENDING HOW THE MACHINE DECIDES TO USE YOU.
THIS 21 PAGE DOCUMENT PARTICULARIZES HOW JIM CROW LAWS ARE STILL BEING ENFORCED IN ILLINOIS WHICH HAS BEEN OUTLAWED BY THE UNITED STATES SUPREME COURT BUT IS USING SUBTERFUGE IN MANY LAWLESS LEGAL APPLICATIONS OF THE LAWS AS DEMONSTRATED IN THIS CASE.
NOTICE HOW NO BLACK PERSON IN AUTHORITY OPENED THEIR MOUTHS AND SAID ANYTHING BECAUSE SO MANY HAVE ACCEPTED BEING A FIGUREHEAD FOR THE POLITICAL MACHINE SO AS TO COVER UP THE KLAN STYLE OF KANGAROO COURTS MAKING SURE PEOPLE OF COLOR NEVER RECEIVE EQUAL PROTECTION OF THE LAWS.
APPEAL TO THE ILLINOIS APPELLATE COURT
FIRST DISTRICT
FROM THE CIRCUIT COURT OF COOK COUNTY
DOMESTIC RELATIONS DIVISION
________________________________________________________________________
U.S. Bank National Association,
As Trustee Under)
Pooling and Servicing Agreement
Dated as of )
December 1, 2006 Mastr
Asset–Backed Securities )
Trust 2006-NC3 Mortgage
Pass-Through ) Trial Court 2008 CH 33616
Certificates, Series 2006-NC3 )
)
Plaintiff-Appellee
)
) Division
No.
V.
) Hon James T. Derico
)
)
)
Monzella Y. Johnson, A/K/A
Monzella )
Johnson; Marcia E. Johnson A/K/A Marcia )
Johnson: Mortgage Electronic Registration )
Systems, Inc. As Nominee for
New Century )
Mortgage Corporation; Monzella
Y. Johnson )
( C ) Cestui Que Trust;
Discover Bank; )
Unknown Owners and Non-Record
Claimants, )
)
Defendant-Appellant
)
______________________________________________________________________
NOTICE OF APPEAL
SEEKING A STAY OF EVICTION DUE TO MORTGAGE
FRAUD
To:
Cook County States
Attorney Chief Judge Timothy C. Evans
Kim Foxx
50 West Washington, Suite 2600
50 West Washington, Suite 500 Chicago, Ill. 60601
Chicago, Ill. 60601
Clerk of the
Circuit Court
Iris Y. Martinez Attorney
General
50 West
Washington, Suite 1001 Kwame Raoul
alexandrina.shrove@ilag.gov
Chicago, Ill.
60601 555 West Monroe Suite
1300
Chicago, Ill. 60601
Cook County Sheriff’s
Tom Dart
50 West
Washington, Suite 702 email CCSO@ccsheriff.org
Chg. IL 60601
Registered
Agent: Grace A. Gorka US Bank Natl.
Assoc.
190 S. LaSalle,
Chg. IL 60603
JSC_General@atgf.com Pamela Murphy-Boylan President CEO of the
(TJSC)
RPerdew@lockelord.com Lord & Locke Law Firm
simon.feng@lockelord.com Lord & Locke Law Firm
pmal@potestivolaw.com Potestivo Law Firm
chicagodocket@lockelord.com Lord & Locke Law Firm
Chicago Police Superintendent, 3510 S. Michigan Ave,
Chicago Ill. 60653
Email CLEARPATH@chicagopolice.org
Potestivo & Ass., PC
Bryan G. Thompson, Poulami Mal
bthompson@potestivolaw.com
223 West Jackson, Blvd, Suite
610
Chicago, IL. 60606
COURTESY COPIES
TO THE FOLLOWING:
Dir. FBI, Hon
Mayor Brandon
Special Agent in
Charge (FBI) City Hall 7th
floor
Wes Wheeler, Jr. Chicago, IL. 60601
2111 West Roosevelt Road
Chicago, Il
60608
Respectfully submitted,
Monzella Y. Johnson, Pro Se
Chicago, Il 60615
Email Frogishtwo65@gmail.com
APPEAL TO THE ILLINOIS
APPELLATE COURT
FIRST DISTRICT
FROM THE CIRCUIT COURT
OF COOK COUNTY
DOMESTIC RELATIONS DIVISION
________________________________________________________________________
U.S. Bank National Association, As Trustee Under)
Pooling and Servicing Agreement Dated as of )
December 1, 2006 Mastr Asset–Backed Securities )
Trust 2006-NC3 Mortgage Pass-Through ) Trial Court 2008 CH 33616
Certificates, Series 2006-NC3 )
)
Plaintiff-Appellee )
) Division
No.
V.
) Hon James T. Derico
)
)
)
Monzella Y. Johnson, A/K/A Monzella )
Johnson; Marcia E. Johnson A/K/A Marcia )
Johnson: Mortgage Electronic Registration )
Systems, Inc. As Nominee for New Century )
Mortgage Corporation; Monzella Y. Johnson )
( C ) Cestui Que Trust; Discover Bank; )
Unknown Owners and Non-Record Claimants, )
)
Defendant-Appellant
)
______________________________________________________________________
Jurisdictional
Statement
Order
entered: March 12, 2024
Notice of Appeal filed: March 18, 2024
Statutes: Cook County Judge “Trespassing upon the Laws” Black or certain Colored Judges not having Jurisdiction on Caucasian Litigants, “No Jurisdiction on the Appellant” Committing Fraud, Engaging in Treason Like Offenses, Judge Committing Perjury, Judge aiding and abetting in a Criminal Conspiracy, Judge committing Unequal Protection of the Laws Violations, Judge acting outside of the Immunity provisions of his Oath, Judge engaging in “Jim Crowis’m” Laws outlawed by the United States Supreme Court as he used his robe and jurisdiction to aid and assist in Judicial Corruption and Cover-up Corruption, Local Rule 56.1(b)(3)(B), Judges and other Public Officials to cover-up Criminal Civil Rights Violations on Pro Se Litigants for taking a stand against Tyranny and Injustices in the Courts, Disparate Unequal Protection of the Laws, Racial Hate Crimes, Black or Colored Judges are used to Discriminate and
Page 3
Unequally Apply Laws against the Colored Ethnic Groups Covering Up Civil Rights Violations, Racial Terrorism Conspiracy, Domestic Judicial Terrorism, Public, Political, Fraternal Corruption Conspiracies, and other Un-Constitutional Lawless Violations.
1.) That Respondent received a 9 Page Memorandum Order from Judge Gillespie #1 and #2 of Page 9 of her June 3, 2010 Order states “That Defendants Monzella Johnson and Marcia Johnson’s Motion to Vacate the November 3, 2009 sale is GRANTED and the sale is VACATED Motion to Vacate the Judgment of Foreclosure entered on June 3, 2009 is GRANTED because of the Insufficient Affidavit of Proof”
2.) That Par #5 states “That neither party shall file any pleadings without prior leave of the court.”
3.)
Pursuant to 735 ILCS
5/2-612 Counsel never Objected to the sufficiency of Petitioners pleadings,
Objections to sufficiency of pleadings either in form or substance must be made
In trial court, and if not so made, they will be considered waived and cannot
be raised for the first time on appeal. People ex rel. Deynes v. Harris,
App. 1948, 77 N.E. 2d 439, 333 Ill. App. 280.
4.)
That the
Appellate Court’s Order Page 5 Par 14, Page 6, states “The
Court’s decision to vacate the June 2009 foreclosure judgment and subsequent
foreclosure sale was actually based on one of the issues defendants raise here,
namely that the affidavit plaintiff was required to file in order to support
the foreclosure judgment was “wholly insufficient”. We affirm the trial
court’s order.
A- That the Plaintiff’s never requested Leave of the Court pursuant to #5 of Par 2.
B- That the Plaintiff’s never complied with Judge Gillespie’s Order of Par 1 nor did they comply with the Affirming of the Appellate Court pursuant to Par 4 hereto attached, Caucasian Presiding Judge Pamela H. Gillespie VACATING FORECLOSURE/SALE JUNE 2009, MEMORANDUM OPINION AND ORDER, 9 PAGES.
That Fed Rule Civ P. 8 and 9 require plaintiffs to particularize their allegations of "fraud on the court" in as short, plain, and direct a way as is
Page 4
reasonable. To comply with these rules, Plaintiff in specific detail outlined each judicial proceeding complained of, alleged specific facts that make those proceedings "fraudulent" or otherwise improper, and named the particular judges, parties and other individuals involved and the extent of their involvement in each claim of "fraudulent" or otherwise improper conduct.
That Judge Lyle realizing, she never had jurisdiction acted as a “Private Citizen” violated the Civil Rights of Colored People with the understanding knowing that the Illinois Judicial system is racist towards people of Color demonstrated her amplified role as a co-conspirator to all Terrorist Acts by entering a Court Order VOID/ A NULLITY VACATING THE SALE OF RESPONDENT’S HOME et al, (Oct. 29, 2018) for the same Plaintiff’s.
That Judge Lyle never had jurisdiction and violated the very laws violating her Oath “ENGAGED IN TREASON OFFENSES, (MAY 5, 2021) ENTERED AN ORDER 2 YEARS SEVEN MONTHS LATER TO U.S. BANK from her other Order Vacating;
Judge Robert Adrian, a veteran judge in downstate Quincy,
Illinois, faced removal from the bench due to his controversial actions.
In 2022, he reversed a guilty ruling against a
young man in a sexual assault case. The Illinois Courts Commission issued a
rare decision, stating that Adrian attempted to circumvent the state’s
mandatory minimum sentencing law during a sentencing hearing for Drew
Clinton, who was previously found guilty of sexually assaulting 16-year-old
Cameron Vaughan at a 2021 graduation party. Adrian justified his
reversal by claiming that the Adams County prosecutor had “totally failed” to
prove Clinton’s guilt, but the commission saw this as a subterfuge. They
concluded that the judge intentionally circumvented the law to satisfy his
personal belief about a just sentence, resulting in the reversal of the
criminal defendant’s conviction1.
A- Whereby Inducing Reliance on this court now before Judge Derico because his March 1, 2024 Court Order DENYING said Motion for Reconsideration et al. is predicated on the egregious actions of Mortgage Fraud of Judge Lyle entering Court Orders where she never had jurisdiction.
B-
That Judge Lyle Entered a VOID ORDER / A NULLITY Granted
the Plaintiff’ a Default Judgment Dec 6, 2017, and Ordered the Confirmation
Sale (8 years after the judgment of Judge Gillespie) of said property ignoring
every criminal act said attorneys and she was complicit in said “Organized
Criminal Conspiracy”
That said EGREGIOUS CALLOUS disposition towards senior
citizens fighting to remain in their home from an OVERT ACT of Mortgage Fraud
is no different from a thug in the streets carjacking and robbing them and
shooting them even though they have complied with the criminals, in this matter
Respondents have adhered to Steinbrecher v Steinbrecher, 197 Ill. 2d 514,
528 (2001), “Pro se litigants are presumed to have full knowledge of
applicable court rules and procedures”
The
United States Supreme Court recently acknowledged the judicial corruption in
Cook County, when it stated that Judge "Maloney was one of many dishonest
judges exposed and convicted through 'Operation Greylord', a labyrinthine
federal investigation of judicial corruption in Chicago". Bracey
v. Gramley, case No. 96-6133 (June 9, 1997).
Since
judges who do not report the criminal activities of other judges become
principals in the criminal activity, 18 U.S.C. Section 2, 3 & 4, and since
no judges have reported the criminal activity of the judges who have been
convicted, the other judges are as guilty as the convicted judges.
5.) That
every attorney Plaintiff has retained has violated all of RPC 3.3 and
the Ethics
All Illinois lawyers must be familiar with the Illinois Rules of Professional Conduct, and trail lawyers must be particularly familiar with the rules that apply specially to them.
RPC
3.3, entitled “Conduct Before a Tribunal,” sets forth the
standards to be followed by the trial lawyer during “battle.” Section (a) of
that rule states:
(a) In appearing in a professional capacity before a tribunal, a
lawyer shall not:
(1) make a statement of
material fact or law to a tribunal which the lawyer knows or reasonably should
know is false;
(2) fail to disclose to a
tribunal a material fact known to the lawyer when disclosure is necessary to
avoid assisting a 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;
(5) participate in the creation
or preservation of evidence when the lawyer knows or reasonably should know the
evidence is false ;
(6) counsel or assist the
client in conduct the lawyer knows to be illegal of fraudulent;
(7) engage in other illegal
conduct or conduct in violation of these Rules;
(8) fail to disclose the
identities of the clients represented and of the persons who employed the
lawyer unless such information is privileged or irrelevant;
(9) intentionally degrade a
witness or other person by stating or alluding to personal facts concerning
that person which are not relevant to the case;
(10) in trial, allude to any matter that the lawyer does not
reasonably believe is relevant or that will not be supported by admissible
evidence, assert personal knowledge of facts in issue except when testifying as
a witness, or state a personal opinion as to the justness of a cause, the
credibility of a witness, the culpability of a civil litigant or the guilt or
innocence of and accused, but a lawyer may argue, on analysis of evidence, for
any position or conclusion with respect to the matter stated herein;
6.) That no Judge seems to understand or know their Oaths to the Bench, In Illinois, 705 ILCS 205/4 states "Every person admitted to practice as an attorney and counselor at law shall, before his name is entered upon the roll to be kept as hereinafter provided, take and subscribe an oath, substantially in the following form:
'I do solemnly swear (or affirm, as the case may be), that I will
Page 7
support the constitution of the United States and the constitution of the state
of Illinois, and that I will faithfully discharge the duties of the office of
attorney and counselor at law to the best of my ability.'"
In Illinois, a judge must take a second oath of office. Under 705
ILCS 35/2 states, in part, that "The several judges of the circuit courts
of this State, before entering upon the duties of their office, shall take and
subscribe the following oath or affirmation, which shall be filed in the office
of the Secretary of State:
'I do solemnly swear (or affirm, as the case may be) that I will
support the constitution of the United States, and the constitution of the
State of Illinois, and that I will faithfully discharge the duties of judge of
______ court, according to the best of my ability.'"
Further, if the judge had enlisted in the U.S. military, then he has taken a third oath. Under Title 10 U.S.C. Section 502 the judge had subscribed to a lifetime oath, in pertinent part, as follows: "I, __________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; ...".
The U.S. Supreme Court has stated that "No state legislator
or executive or judicial officer can war against the Constitution without
violating his undertaking to support it.” Cooper v. Aaron,
358 U.S. 1, 78 S. Ct. 1401 (1958).
Any judge who does not comply with his oath to the Constitution of the United States wars against that Constitution and engages in acts in violation of the Supreme Law of the Land. The judge is engaged in acts of treason.
Having taken at least two, if not three, oaths of office to support the Constitution of the United States, and the Constitution of the State of Illinois, any judge who has acted in violation of the Constitution is engaged in an act or acts of treason.
If a judge does not fully comply with the Constitution, then his
orders are void, In re Sawyer, 124 U.S. 200 (1888),
he/she is without jurisdiction, and he/she has engaged in an act or acts of
treason.
The United States Supreme Court acknowledged the judicial corruption in Cook County, when it stated that Judge
Page 8
"Maloney was one of many dishonest judges exposed and convicted
through 'Operation Greylord', a labyrinthine federal investigation of judicial
corruption in Chicago". Bracey v. Gramley, case
No. 96-6133 (June 9, 1997).
7.)
That because of the above; Fraud admissibility
great latitude is permitted in proving fraud C.J.S. Fraud 104 ET Seg. Fraud
51-57. where a question of fraud and deceit is the issue involved in a case,
great latitude is ordinarily permitted in the introduction of evidence,
and courts allow the greatest liberality in the method of examination and in
the scope of inquiry Vigus V. O’Bannon, 1886 8 N.E 788, 118 ILL 334.
Hazelton V. Carolus, 1907 132 ILL. App. 512. https://unlawful1.blogspot.com/2014/12/blacklivesdontmatter-judgemikva-never.html?spref=tw
A- That
said case (88 D 079012) they had to recruit a judge from the juvenile division
because no judge in the Daley Center aka (Babylon, Hell, etc.) wanted to have
any dealings with the Respondent, Judge Mikva told the Respondent “he had a
Gift, he can tell a story using the laws and she understood everything he was
saying, in that his pleadings were unique not the way law school teaches
students how to plead.”
B-
In Re 1-23-1065
FIRST DIVISION
APPEAL TO THE ILLINOIS APPELLATE COURT
FIRST DISTRICT
)
Joe Louis Lawrence
) Petition For Review Of The
Order
) Of The Illinois Labor
Relations
Petitioner-Appellant ) Board State Panel
)
)
VS
)
) ILRB Nos.
L-CB-23-004
)
)
The Illinois Labor Relations Board, State Panel )
Lynne O. Sneed, Charles E. Anderson, Angela )
C. Thomas, Kimberly Faith Stevens, in her )
Official Capacity as Executive Director Of The )
Illinois Labor Relations Board, )
A.T.U Local 241, President Keith Hill; )
)
Respondents-Appellees )
Page 9
Hereto Attached as Gr Ex 1, Appellant filed a MOTION FOR
RECONSIDERATION AND VACATE THE FEB 28, DISMISSAL FOR WANT OF PROSECUTION DUE TO
JUDGE TERRANCE LAVINE OBSTRUCTED JUSTICE & ACTED AS A “PRIVATE CITIZEN”
DENIED EVERY MOTION PETITIONER FILED AND ORDERED THE CLERKS IN THE APPELLATE
COURT NOT TO ACCEPT HIS MOTIONS DUE
TO THEM BEING FRIVOLOUS SAID CLERKS WERE IN FACT INTIMIDATED BECAUSE OF HIS
JUDICIAL STATUS PETITIONER NEVER WAS SUPPOSED TO SUBMIT A BRIEF BECAUSE THE
LABOR BOARD NEVER HAD A RECORD OR INVESTIGATED THE CTA OR ATU LOCAL 241 IL 4TH
DISTRICT JUDGES LISA HOLDER WHITE, CAVANAGH AND KNECHT IN RE CITY OF SULLIVAN V
THE ILL LABOR RELATIONS BOARD CREATED A PRECEDENT IN THE LAWS THAT WAS
EGREGIOUSLY IGNORED BECAUSE OF PETITIONER’S SKIN COLOR AND PRO SE STATUS (filed
March 1, 2024 at 9:51am) and was DENIED immediately at 1:54pm before any judge
received it. )
1. Allegedly a Clerk impersonated a
Judge and MaryAnn Kaya emailed Ex 3.
C- That
upon the filing of the aforementioned Motion and leaving the building security
and a State Marshall requested he wait while he was the elevator and on the
first floor informed him he was not allowed to ever enter the Bilandic
Building, hereto attached Gr 2 an Order signed by judges with no
explanation of any alleged crime, the Order is dated Sept. 22, 2023 and he
informed the Marshalls and building security, he was not aware and never
received any email to this fact and he only received a court order two days ago
is the only reason, he was in the building, hereto attached Ex 3, Court
Order dated Feb 28, 2024 with judges
names typed not signed, but on Gr Ex 2 they are signed.
D- That because no attorney in any of the courts were able to manipulate the laws and defeat the Plaintiff acting Pro Se in his behalf and said attorneys and law firms concurred by agreeing to everything, to what he has asserted in his pleadings as being TRUTHFUL by not Objecting or Denying to anything recorded in his Pleadings accompanied via Affidavits, judges resented him because of his skin color and the fact they could not suspend any law license in an attempt to stop him from particularizing the “Fraudulent Criminal Civil Rights Violations of judges, so they became “Private Citizens” pursuant to Section 1983 imposing liability only when a municipality has violated a federal right.
8.) That Respondent’s had Attorney
Joseph P. Harris (LAW LICENSES SUSPENDED) as their attorney in this foreclosure
matter and egregious false charges were levied against him in the same manner
they were levied against Attorney Lanre Amu By Jonathan Bilyk Dec
17, 2013
Page 10
9.)
That when you complain of Mortgage Fraud or about the
judges involved you get your law license suspended and now if you are a Pro se
person of Color defending yourself against corrupt or racist judges, they enter
Orders keeping you out of the very building you need to go into for further
relief being the Appellate Court or Supreme Court of Illinois where Judge Lyle
is now a part of.
10.)
That as Pro Se senior
citizens, there is not a scintilla of falsity in any of said pleadings showing Judge
Lyle ever had jurisdiction to ALLOW any EVICTION BY THE COOK COUNTY
SHERIFFS from their home of over 60
years.
A- Respondent
filed a Motion
Striking/Objecting Approving Report of Sale (Court Order Being Void/ A Nullity)
And Distribution, Confirming Sale and Eviction Order, And for a Personal Deficiency Judgment,
Order Finding Personal Deficiency Due to Judge Lyle & Other
Attorneys/Judges Complicit in a Criminal Enterprise of Mortgage Fraud Affidavit
of PHH Mortgage Corp. Corroborating Their Involvement Stealing Home Warranting
A Rule to Show Cause Remanding All Parties Instanter Into Custody w/ Body
Attachment & Disqualifying Judge Lyle Instanter (April 25, 2022) in the Circuit Court of Cook County detailing a
Plethora of Criminal Enterprise Actions.
B-
That Plaintiff’s Response to Defendant’s
Monzella Y. Johnson’s Motion Striking/Objecting Approving Sale (Court Order
Being a Void/Nullity) And
Distribution et al. (Interpreted as a Motion To Vacate The Order Approving Sale
For Not Receiving Notice) (filed June 24, 2022)
C-
That Respondent knowing that the Plaintiffs were not
going to file any reply or comply with judge Lyle’s court order, so Respondent’s Motion for Summary Judgment and Motion Pursuant
to all State of Illinois and Federal Rules of Civil Procedure w/Affidavit
seeking $33 Million Dollars for the number of years they have been frivolously
before the courts FRAUDULENTLY 14 YEARS (Filed June 2, 2022).
D- RESPONDENT’S REPLY MOTION STRIKING PETITIONER’S RESPONSE MOTION TO MONZELLA Y. JOHNSON’S MOTION STRIKING/OBJECTING APPROVING SALE (COURT ORDER BEING A VOID/NULLITY) AND DISTRIBUTION ET AL. (INTERPRETED AS A
Page 11
MOTION TO VACATE THE ORDER APPROVING SALE FOR NOT RECEIVING
NOTICE-WARRANTING A RULE TO SHOW CAUSE REMANDING ALL PARTIES &
DISQUALIFYING JUDGE LYLE INSTANTER w/AFFIDAVIT (filed June 30, 2022).
6.
That
judge Lyle demonstrated an unknown interest (allegedly paid off by Bank
Officials only FBI or Grand Jury can ascertain this fact) in this matter which has
blinded her objectivity in adjudicating the merits of this matter, due to the
aforementioned; Sup Ct. Rule 63 (c) (1) (d) mandates disqualification
where the judge has an interest in the proceeding. (eff. April 16, 2007).
7.
That judge Derico (assuming Judge Lyle was acting
TRUTHFUL) indicated in his Order that (1) “The Order Approving Sale in this
case was entered on March 15, 2022. The Defendants filed a Motion on April 25,
2022 seeking to Vacate the March 15, 2022 Order” See Par C of
Page 2, “It appears that Motion was not heard”. However, Defendants
filed a subsequent motion on or about August 29, 2022 seeking relief from the
March 15, 2022 Order and additional relief.” THIS IS AN EGREGIOUS
FALSEHOOD, See Pars D-F.
a.
To
show fraud upon the court, the complaining party must establish that the
alleged misconduct affected the integrity of the judicial process, either
because the court itself was defrauded or because the misconduct was
perpetrated by officers of the court. Alexander v. Robertson, 882, F. 2d
421,424 (9th Cir. 1989);
b.
A void judgment does not create any binding obligation.
Kalb v. Feuerstein (1940) 308 US 433, 60 S Ct 343, 84 L, Ed 370.
Properly alleged facts within an affidavit that are not
contradicted by counter affidavit are taken as true, despite the existence of
contrary averments in the adverse party’s pleadings. Professional Group
Travel, Ltd. v. Professional Seminar Consultants Inc., 136 ILL App 3d 1084, 483
N.E. 2d 1291; Buzzard v. Bolger, 117 ILL App 3d 887, 453 N.E. 2d 1129 et al
8. That
Black Democrats as judges or responsible persons in alleged authority are
emulating the same hate and injustices People of Color have been fighting for
many years trying to keep or properties or fight against the Unequal
Applications in the laws, in that Judge Lyle has been the defacto attorney for
US Bank ever since this case was before her.
A- Plaintiff’s having already admitted to all Pleadings have never COMPLIED with any LAWS, COURT
Page 12
ORDERS and it is evident
thus far, they have no RESPECT for BLACK JUDGES and it is indicative in this
matter and in so many cases similar to this, as reflected egregiously in Gr Ex 1.
9.
Conspirators to be guilty of
offense need not have entered conspiracy at same time or have taken part in all
its actions. People
V. Hardison, 1985, 911 Dec. 162, 108. Requisite mens rea elements of
conspiracy are satisfied upon showings of
agreement of offense with intent that offense be committed; Actus reas element
is satisfied of act in furtherance of agreement People V. Mordick, 1981,
50 ILL, Dec. 6
That Plaintiff’s has demonstrated beyond the Preponderance of
Evidence that said acts demonstrates how Section
1983 of U.S.C.S. contemplates the depravation of Civil Rights through the
Unconstitutional Application of a Law by conspiracy or otherwise. Mansell v.
Saunders (CA 5 F 1A) 372 F 573, especially if the conspiracy was actually
carried into effect, where an action is for a conspiracy to interfere with
Civil Rights under 42 U.S.C.S. 1985 (3), or for the depravation of such rights
under 42 U.S.C.S. 1983, if the conspiracy was actually carried into effect and
plaintiff was thereby deprived of any rights, privileges, or immunities secured
by the United States Constitution and Laws, the gist of the action may be
treated as one for the depravation of rights under 42 U.S.C.S. 1983, Lewis
v. Brautigan (CA 5 F 1a) 227 F 2d 124, 55 Alr 2d 505, John W.
Strong, 185, 777-78 (4 the ed. 1992).
10. That Par C Ex A is being Re Noticed on
Court’s authority Motion Striking/Objecting Approving Report of Sale (Court
Order Being Void/ A Nullity) And Distribution, Confirming Sale and Eviction
Order et al.
Pages
3-4 of the aforementioned Par 9
A- That the entire data base under Cook
County Clerk Iris Y. Martinez (not implying she had anything to do with this
Criminal Conspiracy) has been altered removing all attorneys involved but
recorded Larson and Associates in all entries;
B- That Judge Lyle used her skin color as a
Negro woman to aid and assist in all Terrorist Conspiracies in helping out all
racist parties including other judges associated with U.S. Bank in helping them
try and steal said home because said women were elderly and non-white; said
judge acted as if because she had no jurisdiction to enter orders against the
Respondent, one can easily infer that all racist personnel would assist her if
an investigation was had dismissing any wrong doing on her part because she was
helping them.
C- That because Lyle acted as a “Private
Citizen” assuming arguendo that said Respondent was elderly and non-white
nobody would care about how her civil Rights were being desecrated in the
Illinois courts making it clear, “THAT BLACK AND BROWN LIVES REALLY DON’T
MATTER” in Chicago, Illinois.
Page 13
D- Lyle and Postestivo engaged in
diabolical Terrorists Acts as they committed a plethora of felonies making a
mockery out of the courts and States Attorney, Attorney Generals offices
Inducing Reliance on everyone trying to undermine the integrity of Respondent’s
legal claims properly presented to the courts.
E- Page 1 of the March 15, 2022 court order, states “That all notices required by
735 ILCS 5/15-1507(c) were given is a “LIE” Defendant received the Order
Friday April 22, 2022 said envelope from Potestivo & Associates envelope reflects it was
mailed April 20, 2022 from Rochester Michigan, hereto attached
F-
Page 3 of the order states, “The Movant
shall mail a copy of this Order within 7 days to the last known address of the
Mortgagor,” Order was not received until 31 days from the 7 days on which
was stated on the court order, “Private Citizen” Lyle acted like the THUGS from
her neighborhood where she was the Alderman as they are CAR JACKING and KILLING
she is using her ROBE and vicious Judicial authority (as a THUG IN A ROBE) to
help racist ANGLO-SAXONS HOUSE-JACK the homes from individuals who share her
same skin color (sic) INDUCING RELIANCE
To prevail in a cause of action for fraud, plaintiff must prove that defendant made statement of material nature which was relied on by victim and was made for purposes of inducing reliance, and that victim’s reliance led to his injury. Parsons V. Winter, 1986, 1 Dist., 491 N.E. 2d 1236, 96 ILL Dec. 776, 142 ILL App 3d 354, Appeal Denied. In Carter V. Mueller 457 N.E. 2d 1335 ILL. App. 1 Dist. 1983 The Supreme Court has held that: “The elements of a cause of action for fraudulent misrepresentation (sometimes referred to as “fraud and deceit” or deceit) are: (1) False statement of material fact; (2) known or believed to be false by the party making it; (3) intent to induce the other party to act; (4) action by the other party in reliance on the truth of the statement; and (5) damage to the other party resulting from such reliance.
G- That all
judges acted as a “Private Citizens” they never had
jurisdiction on the Respondent to compel her house to be sold or have any
adverse rulings against her in any legal capacity, the Illinois Supreme Court
has held that "if the magistrate has not such jurisdiction, then he and
those who advise and act with him, or execute his process, are
trespassers." Von Kettler et.al. v. Johnson, 57
Ill. 109 (1870)
H- “Private Citizen” Lyle entertained a Motion filed in the database (Feb 24, 2022) with no Notice recorded to inform Respondent of what was going on in the courts; Sup Ct. Rule 63 (c) (1) (d) mandates
Page 14
disqualification
where the judge has an interest in the proceeding. (eff. April 16, 2007).
I- “Private Citizen” Lyle has had a vendetta against said Respondent’s for a long time because they not only DEFEATED every bank attorney but out argued them as well ( EXTREMELY ARTICULATE) but Lyle would interject saying, she is the judge wearing the robe and told the Defendant’s that they need to stop listening to people with no law degrees reading the internet, but asked the Respondents for a copy of their argument they were articulating from but later told them that their pleadings don’t make sense.(Court Transcripts would reflect she never should have been a judge)
J-
That judge Derico’s Court Order states, On September
23, 2022, this Court ruled that it no longer had jurisdiction to rule on the
matter so the Motion (s) were stricken, (this court again acted on the premise
that Judge Lyle was TRUTHFUL) but Defendant filed a timely Motion RESPONDENT’S EMERGENCY MOTION FOR RECONSIDERATION VACATE (September
23rd 2022) ORDER DUE TO “MORTGAGE FRAUD” “CRIMINAL ENTERPRISE CONSPIRACY” “RULE
TO SHOW CAUSE” WARRANTING THE STATE POLICE TO REMAND “PRIVATE CITIZEN FREDRENNA
LYLE AND ALL ATTORNEYS COMPLICIT IN THIS “ORGANIZED CRIMINAL CONSPIRACY W/ BODY
ATTACHEMENT INTO CUSTODY INSTANTER w/AFFIDAVIT (Filed Sept. 29, 2022)
K-
That
the September 23, 2022 COURT ORDER is VOID A NULLITY and judge Derico has been
DECEIVED & induced to act on Court Orders of a Nullity/Void entered by
Judge Lyle.
L-
That if Judge Derico was to ignore and attempt to go
along with everything “Private Citizen” Lyle did makes him now a co-conspirator
to this Mortgage Foreclosure Criminal Conspiracy---EACH BLACK JUDGE FAILS TO
REALIZE, that all BANK ATTORNEYS HAVE ADMITTED TO ALL CRIMES.
M- That every court order judge
Lyle has signed is that of a NULLITY/VOID.
That “Private Citizen” Freddrenna
Lyle used her robe to unlawfully engage in a plethora of criminal acts by
unlawfully by signing off on court orders where she repeatedly violated her oaths and Canon Ethics by using
her judicial authority to help steal homes in the guise as illegal
foreclosures.
11.) FACT: Freddrenna Lyle has on numerous occasions justified her criminal actions citing she had judicial discretion, in that on March
Page 15
15, 2022, she signed a UNLAWFUL
court order attempting an ILLEGAL SALE, thereby CORROBORRATING her role as an
active conspirator validating being REMANDED by the STATE POLICE into custody
Instanter;
12.)
FACT: That Freddrenna Lyle entertained
Respondent’s Motion Striking/Objecting et al (filed April 25, 2022) and Summary
Judgment et al. (filed June 2, 2022)
a. That
on June 21, 2022, hereto attached, Briefing Schedule Order, said judge is
trying to pretend said Hearing never took place only the actual court order
endorsed is in the record.
b. That
pursuant to the above-mentioned Court Order, Potestivo & Assocs. Via Bryan
H. Thompson filed a frivolous Reply as compliance to the unlawful Court Order.
c. Plaintiff
filed their Reply Plaintiff’ Response to Monzella Y. Johnson et al. June 24,
2022 four days before the due date of June 28, 2022.
d. Respondent
answered and their Response was (filed June 30, 2022) twelve days before the
due date of July 12, 2022,
e. Lyle
is making it clear to everyone reading this document as long as her crimes are
perpetrated on Black or Brown parties nobody in the Democratic Machine is going
to admonish or prosecute her because BLACKLIVESDONTMATTER to SENIORS OR ANYONE
STANDING UP TO THE POLITICAL MACHINE, this is how Anglo-Saxons or other alleged
“White Nationalists” Banks profit off Black and Brown people in prolonged
frivolous litigations wearing them down financially.
f.
That US Bank Attorneys have been able to feed their
families and profit off of the Ku Klux Klan style of Injustices originally seen
in the South under Jim Crow for now 16 years off of these criminal civil rights
acts.
13.)
That because the law firm admitted to the veracity of
all assertions recorded in their pleadings and nobody attempted to defend Judge
Lyle in any manner prompted her to further advance her crimes in said criminal
conspiracies by STRIKING the August 3, 2022 Hearing at 11 am.
14.) That Freddrenna Lyle continued the matter to August 5, at 10:30 am and never at any time announced she had no jurisdiction,
Page 16
Respondent had to file a Motion for
Presiding Judge Sophia Hall who is a member of the Judicial Council, Lyle has
every Black judge afraid of her so a Caucasian or Hispanic person outside of
Cook County have to preside over this case because the Blacks have CORROBORRATED
their impotent authority over alleged White Nationalists, or Political Elites
connected to the Political Machine.
15.)
That Plaintiffs having admitted to all facts recorded in said
Respondent’s pleadings Lyle used her judicial robe to OBSTRUCT JUSTICE
and aid and abet with the lawyers at Potestivo law firm by unlawfully granting
them every court order they have requested .
N-
That Par D, Plaintiff’s Response to Defendant’s Monzella Y.
Johnson’s Motion Striking/Objecting Approving Sale (Court Order Being a
Void/Nullity) is Plaintiff’s admission to all of Defendant’s Pleadings,
they never DENIED or OBJECTED to any off the properly asserted pleadings
accompanied with an Affidavit. Hereto attached as Gr Ex F
O-
That Par E will be Re Noticed, upon Court Order Respondent’s Motion for Summary Judgment
and Motion Pursuant to all State of Illinois and Federal Rules of Civil
Procedure w/Affidavit seeking $33 Million Dollars for the number of years
they have been frivolously before the courts FRAUDULENTLY 14 YEARS. Hereto
attached as Gr Ex C
That Pages 2-3 unequivocally articulates veracity and the rules
governing the ignoring a Summary Judgment and how a Party admits to all
Pleadings by failing to respond.
“Cook County Judges have been Indicted and Convicted
for Corruption and “Fixing” cases in Greylord but Political Machine Judges are
ignoring the crimes due to Defendant being female African Americans complaining
not an Anglo-Saxon person complaining of their home being illegally foreclosed
upon.,
a.
That because of
Judge Lyle’s involvement and other prominent corrupt attorneys intertwined in
said Domestic Terrorist Conspiracy said Judge used her position and authority
making sure no HEARING was had May 16, 2022 at 10:30 am.
b.
That Plaintiffs hired several multi- million-dollar
law firms trying to save them and the end result was the same even with so many
individuals engaging in Terrorist Acts, they have admitted to every PLEADING in
Gr Ex A.
Page 17
That Channel 2 Dorothy Tucker bravely exposed the
mismanagement and unethical practices of a BLACK BANK Complaints mount
against practices at Chicago's last Black-owned bank
46,339
views May 26, 2022 GN Bank stands alone in Illinois as the last Black-owned
bank in the state, but it stands out for other reasons too. Customers are
complaining about problems they're having with the bank. CBS 2 Investigator
Dorothy Tucker reports.
c.
GN Bank https://youtu.be/qLPXBhQD_B8
d.
The Media has demonstrated an obvious Disparate
media coverage based on the ethnicity of the offenders, where banking officials
are concerned, or other irregularities, illegal foreclosures etc. or crimes of
judges protecting these white banks as they are destroying the Colored
Communities in the same manner as the aforementioned bank are concerned no
reporter ever investigated or questioned the numerous unlawful acts noted for
the last 16 years due to the ethnicity of the parties involved fighting corrupt
Politically connected Anglo-Saxon banks.
e.
That not since 1919 the famous race riot in Chicago
where violence was perpetrated on Black People and the Police aided the rioters
against the Blacks as their homes were BOMBED and DESTROYED #JudicialCorruption in Chicago,
Illinois how to fix cases: THE HATE AND VIOLENCE ON COLORED PEOPLE ARE
BEING... https://unlawful1.blogspot.com/2022/05/hate-and-violence-on-colored-people-are.html?spref=tw
f.
That same HATE is still being practiced and
ENFORCED even with Black Judges or Mayors they are IMPOTENT in authority as
many can see the violence and racism has not changed with Colored People in
authority it is still worse in this era Hateful White and Black Judges are
working against any person color seeking justice in this RACIST CITY.
16.) The Local Rules provide detailed instructions as to how litigants should approach their summary judgment motions and responses. Local Rule 56.1(a) provides that a motion for summary must include a "statement of material facts as to which the moving party contends
Page 18
there is no genuine issue and that entitle the moving party to a judgment as a matter of law."
This statement of material facts
"shall consist of short numbered paragraphs, including within each paragraph specific
references to the affidavits, parts of the record, and other supporting
materials relied upon to support the facts set forth in that paragraph."
Part (b) of Local Rule 56.1 requires a party opposing summary for judgment to
file a concise response to the movant's statement of material facts. That
statement is required to include a response to each numbered paragraph in the
moving party's statement, including in the case of any disagreement,
"specific references to the affidavits, parts of the record, and other
supporting materials relied upon." The rule is very clear that
"all material facts set forth in the statement required of the moving
party will be deemed admitted unless controverted by the statement of the
opposing party." Local Rule 56.1(b)(3)(B).
In the matter
of Raymond, 442 F. 3d at 606. (7th Cir. 2013) ) The Court, nevertheless, is concerned and
considers the prejudice to Plaintiff for Plaintiff’s counsel’s failure,
particularly because cases should be decided on their merits. Certainly, the
failure to file a response to a summary judgment motion can be fatal. See,
e.g., id at 611.
17.)
That Par F be Re Noticed upon Court Order Respondent’s
Reply Motion Striking Petitioner’s Response Motion To Monzella Y. Johnson’s Motion
Striking/Objecting Approving Sale (Court Order Being A Void/Nullity) And Distribution
et al. Hereto attached as Gr
Ex D
That Pars 4-10 of Pages 14-16 of the aforementioned concur
and validate the veracity of how Black judges act as “Private Citizens” trying
to save corrupt white attorneys.
18.)
That attorney Bryan G. Thompson is attempting to do
what attorney Alexander B. Potestivo could not do and refused to get involved;
moreover, Potestivo’ top litigator Artapong Sriratana allegedly left the firm
and what Mal Poulami wisely stepped back from completing, but it is a little
too late, that is continue to engage in Terrorist Fraudulent Acts of
Mortgage Fraud thinking Lyle can protect them.
19.)
That allegedly ASSOCIATE JUDGE FREDRENNA LYLE was
originally assigned to Calendar 56 because no Caucasian Judge was going to
attempt to ENGAGE in ACTS of FRAUD for US BANK or any of its parties in
unlawfully foreclosing on the Johnson sister’s home;
a.
Page 19
“Any
judge who does not comply with his oath to the Constitution of the United
States wars against that Constitution and engages in acts in violation of the
Supreme Law of the Land. The judge is engaged in acts of treason. Having taken
at least two, if not three oaths of office to support the Constitution of the
United States, and the Constitution of the State of Illinois, any judge who has
acted in violation of the Constitution is engaged in an act or acts of treason.
If a judge does not fully comply with the Constitution, then his orders are
void, In re Sawyer, 124 U.S. 200
(1888) he/she is without jurisdiction , and he/she has engaged in an
act or acts of treason.”
Seventh Circuit Overturns $44.7 Million
Jury Verdict Against City in Shooting Incident
Wednesday,
February 24, 2021 Julie
Tappendorf
The Seventh Circuit Court of Appeals recently overturned a
jury verdict against the City of Chicago awarding $44.7 million in damages
relating to a shooting involving an off-duty police officer. First Midwest Bank as Guardian v. City of Chicago.
According to the court opinion, the plaintiff claimed that
a Chicago police officer shot his friend during an argument when the two had
been drinking. The friend suffered traumatic brain and other injuries. The
friend sued the City of Chicago seeking damages for the shooting, arguing that
the City was responsible for the officer's conduct. Specifically, the plaintiff
claimed that the City's failure to have an "early warning system" to
identify officers who might engage in misconduct, failure to adequately investigate
and discipline officers who engage in misconduct, and the "code of
silence" among police officers contributed to the shooting incident. The
City argued that the officer was off duty and not acting under "color of
state law" at the time of the shooting, so the City was not liable under
Section 1983 of the Civil Rights Act. The case made its way to a jury which
found the City of Chicago liable and awarded $44.7 million in damages to the
plaintiff. The jury found that two of the City's policies - its failure to
maintain an adequate early warning system and failure to adequately investigate
and discipline officers - caused the officer to shoot his friend.
The City appealed to the Seventh Circuit Court of Appeals, which reversed the jury verdict and award. The appeals court found that although the injuries suffered by plaintiff from the shooting incident were grievous, the City was not responsible for the officer's actions, where the officer was acting as a private citizen and not as a City police officer. The Seventh Circuit noted that Section 1983 imposes liability only when a municipality has violated a federal right. Since none of the plaintiff's federal rights were violated, the court of appeals overturned the jury verdict against the City of Chicago.
Page 20
AFFIDAVIT
STATE OF ILLINOIS )
)
COUNTY OF COOK )
I Monzella Y. Johnson Pro Se being duly sworn on oath
states the aforementioned pleadings enumerated within said motion pursuant to
735 1265 5/1-109, the undersigned certifies that the statements set forth in
this instrument are true
and correct, except as to matters therein stated to be on information and
belief and as to such matters, the undersigned certifies as aforesaid that she
verily believes the same to be true.
Respectfully Submitted
Notary
____________________
Monzella Y. Johnson
Chicago, Il 60615
Page 21
