In what has been an ongoing saga that is increasing in scope, and widening in public support, Steve Conklin has sent a final impassioned letter to Judge Mariani, pleading with new federal judge to do something to stop the lawless eviction of Steve, his 84 year-old father, and others, from being forcefully removed from their premises tomorrow, January 5, 2012, at 2:00. p.m.. It is believed that the banks have a veritable force assembled t0 charge in and forcefully remove occupants from the premises. It may literally kill Steve’s father. The story has been followed widely by members of the Occupy movement, with coverage at occupyharrisburg.org, and calls going out to the national organizations. We expect to have anywhere from tens to hundreds of people there to oppose and protest the lawlessness.
Judge Mariani appears to have had a duty to act long before now, but is sitting on seven motions filed by Conklin since the TRO was initially granted. Mariani granted the TRO on a finding that Steve and his family, primarily his 84 year old father, will suffer immediate and irreparable harm if the eviction is allowed to proceed, and there has nothing changed until now. Judge Mariani needs to act and act now to avoid a catastrophe to our constitution. Please, as set forth in or previous posts, contact Judge Mariani to ask him to save Satori Farm, and echo the concerns of Steve himself, whose letter is set forth as follows:
January 4, 2012
Stephen G. Conklin
100 Spangler Road
Lewisberry, Pa. 17339
To: Honorable Judge, Robert D. Mariani
(Sent via facsimile- (570) 207-5759
all other parties copied)
Re: Motion for TRO and other matters
Yesterday, I attempted to contact this Court’s chambers late afternoon to get a status on the motions I filed on Friday, including the motion for TRO and was told that you were well aware of my filings but had not decided as yet.
I called again this morning to again check on the status, as well as try to find out what I need do to get at least a conference call on the matter(s), but was informed you were not in; that my case had been discussed at some length last evening; and, for the present time, there is no decision as of yet; and basically, I have gotten nowhere in trying to get a conference call, much less, the real hearing I honestly believe I am entitled to.
Please forgive me, I simply do not understand for the life of me (and literally, more likely that of my father) why it is so difficult to simply grant what this Court has previously granted, knowing the grave and imminent danger Plaintiff and his family face tomorrow; or, why it is Plaintiff cannot even get a hearing on his preliminary injunction, as Plaintiff believes, and the record supports, that my right to relief appears abundantly clear. If perchance, arguendo, Plaintiff’s is thought to be in error, or his logic and reasoning somehow flawed, I humbly entreat the Court to elucidate Plaintiff exactly where that may be.
As stated during our December 8th conference call, I am not nearly as learned as your Honor is, or for that matter, any of the opposing counsels, as my formal education ended with the completion of 9th grade. Nonetheless, I have done my best to acclimate myself, out of necessity, to the law, and its procedures, and believe, despite whatever assertions made by opposing counsel, or as particularly contained in two (2) the report and recommendations, to the contrary, I believe my right to relief in this matter remains clear.
I have been diligently researching, amongst other things, the practice issues in this injunction proceeding, and believe, in retrospect, that it would have been altogether just and proper for this Court to have gotten us together long ago; or, at least have used the conference call of December 8th, that Defendant(s) were quickly able to get, without any of them noticing me in an attempt to Vacate the TRO, to additionally discuss at least a short term resolution.
I clearly know that Defendants are hell-bent on harming me and my family simply for daring to ask for my rights, and do not expect their cooperation in any regard, but I would still like to talk about these issues, and preferably, have a proper hearing with all the respective parties at bar, afore you.
I have seven valid motions pending on the docket, and not one of them has been addressed. However, what concerns Plaintiff first and foremost, is the ability to obtain a TRO, as to preclude the imminent and irreparable harm and injury this Court first recognized on December 7th, from occurring tomorrow, January 5th, at 2pm; thus giving Plaintiff and this Court breathing room, whilst in the interim, ferreting out the other issues as to be properly addressed by the Court.
In consideration thereof, I wish propose to the your Honor, that you ask the Defendants to stand down on in their efforts to forcibly evict us from our home for at least, 30 days, which will give your Honor time to at least deal with the procedural mess that is on this docket; and hopefully, engender the ability to hold a proper hearing on these matters; given all the circumstances, judicial integrity demands it.
I fervently believe whether as yet fully understood or not, that Judge Rambo (as Judge Kane afore her) hoped to make quick work of me, both callously and retaliatory; and, regardless of whomever the “verbal order” emanates from, Plaintiff clearly recognizes the report and recommendation for what it was back then as it now yet remains, both as further attempts to summarily deny me my right to be heard.
As to the April 6th report and recommendation, and Judge Rambo’s April 7th, adoption of it, as this Court is surely aware, Plaintiff has an appeal pending in the Third Circuit. Plaintiff is mindful of his time constraints in the present matter, and has been in contact with his caseworker at the Third Circuit, as to apprise them, should this Court for whatever bizarre and as yet unexplained reason, fail to grant Plaintiff his TRO, Plaintiff will be seeking emergency relief therein. Additionally, Plaintiff has appeals pending in Superior Court, that it appears, should this Court decline to act on behalf of Plaintiff, equally he will be forced to exigently seek redress/relief.
Whether any of these other courts will ultimately entertain Plaintiff’s motion(s) for relief is to some degree, academic; for in the first instance, the very fact that Plaintiff has to watch his father in anguish, suffer, whilst Plaintiff is forced to ‘tempt pen, additional causes for relief, to various other courts, thus exacting inordinate amounts of time, energy, and clearly unnecessary stress, this Court could easily as it is in your power to do, simply grant Plaintiff his TRO, and, subsequently allow this matter to be more fully heard.
I have, I believe, properly pointed out such procedural and legal irregularities to the extent that there is no way Plaintiff can reasonably fathom how this Court could maintain a modicum showing of credibility or integrity should a serial rejection of my many motions; and more urgently, my TRO, given the extent of Plaintiff’s motions coupled to the fact that this Court had previously granted Plaintiff his TRO.
Please understand, I say the foregoing with the utmost of respect, as it is my fervent hope and desire that this Court truly does prevail as a beacon of light for what it just and right, something by any account, is sorely needed in this district. But surely, this Court recognizes the currently dire and imminent predicament, and given the record as it now stands, Plaintiff is at a loss to understand how it may possibly be, Plaintiff will not timely receive the relief he is seeking.
Nonetheless, nothing has changed since first granting Plaintiff his TRO, save for, the additionally boasted efforts of Defendant Grenen expressed show of force, and the fact, that a permanently disabled woman who lived here for ten years has returned, in hopes of being able to stay.
Insomuch as Defendant Grenen would love her storm-troopers to swoop in and take me and my father out, and others who live here, surely reason has to prevail, as Plaintiff has raised distinctly legitimate issues by any reasonable measure.
I am accordingly asking for your Honor to either grant Plaintiff’s TRO and/or to otherwise stay for 30 days of any and all efforts to evict me and my family from our property.
It is “ours” because Defendants efforts to take it are not validated by honoring my due process protections, notwithstanding the additional fact that the Defendants have engaged in a wholesale fraud and the Supreme Court clearly instructs me that the Defendants are indeed, acting lawlessly.
Though, as stated in my instant TRO, I neither initiated nor solicited this effort, it is my firm understanding, based on numerous contacts I have received, and review of the following sites, that this case is being followed closely by occupyharrisburg.org, pennsylvaniacivilrightslawnetwork.com, judicial-corruption.net, and foreclosurehamlet.org.
Accordingly, I do expect there to be an appearance of anywhere from tens to hundreds of people on my property tomorrow in support of my cause. They will be here lawfully and peaceably, (Plaintiff eschews all violence) and, as the hour of darkness draws ever nigh, I fully embrace all the support Plaintiff can get to cast a glaringly light upon this injustice.
In a perfect world, I would appeal to the Defendants to consider my father, as well as another, a woman, who is permanently disabled, who shortly following my first request for TRO has returned, once again, with hopes and prayers be able to continue to live here. But to do so, I would have suspend all manner of reality and belief, cause their ongoing actions speak voluminously to the contrary of anything that is just or proper.
All I did is dare ask for a hearing, something it seems I’ve always been denied; all my father wants to do is to one day die here. Sadly, my father may well get his wish (be careful what you wish for) as come tomorrow, if this Court does not now intervene, it may well, as Plaintiff fears, kill him. I would like to at least ask for a life estate for my father. Please consider these issues – http://www.ibtimes.com/articles/258985/20111130/103-year-old-georgia-woman-saved-eviction.htm.
Concurrent with this correspondence, I have caused to be sent by facsimile this correspondence to all other respective parties. I do not have a fax machine, but, due to the urgency of this matter, I delivered this up for another to send on my behalf.
I am respectfully pleading for assistance, beseeching your Honor, to do what I truly believe you know in your heart and mind is right, to grant me my instant TRO, and to provide me a meaningful opportunity to be heard; something I have long sought, but have yet to receive in any court.
Your Honor, to reiterate, you have already previously found that Plaintiff and his family would suffer immediate and irreparable harm. With all due respect, you cannot sit and not act as otherwise it is unequivocal: Plaintiff and his family will suffer the very injury that this Court had already found to be irreparable.
I thank you sir for your time and prompt consideration of the foregoing matter.
Stephen G. Conklin
cc: John B. Joyce, Esquire Fax No. (412) 281-4398
Michael W. Flannelly, Esquire Fax No. (717) 771-9804
Edwin A. D. Schwartz, Esquire Fax No. (717) 651-9630
Geri R. St. Joseph, Esquire Fax No. (215) 560-5486
Please contact the Judge, and contact the attorneys, so that these lawless acts can be stopped. We thank you for indulging our urgency, but these are the civil rights battlegrounds of the 21st century, and they do exist in central Pennsylvania – the Courts have made it this way.