Constitutional Law 101: Courts cannot allow property to be taken without due process of law (even in York County) – stop the attack on Satori Farm

Newly-appointed Pennsylvania federal District Judge Robert Mariani is getting the best education a new jurist could get – a real life lesson in what it means to have the fundamental right to not have property taken without due process of law.  The res (property) at issue is Steve Conklin’s farm, Satori Farm, in northern York County, as discussed in our December 6 Call to Action post.

Due process, in the courts, means hearings, or, more precisely, “notice and an opportunity to respond”.  Notice is the “what must I defend against” and opportunity to respond is “what evidence do you have to support your claim”, and the hearing in court, or trial, if you will, is where the evidence is tested.  That is the right every American citizen has under our Constitution before property is taken.  That is “due process of law”.

Steve Conklin has placed that very simple, yet fundamentally important, issue directly in the hands of Judge Mariani, a lesson in constitutional law 101 for the new judge appointed for life.  The essence of Steve Conklin’s claim before Judge Mariani is that he has never been provided with any hearing whatsoever; yet the York County Sheriff’s Office and State Police were amassed on the border of his 112 bucolic acres in rural York County, known as “Satori Farm”, waiting to swoop in and forcibly remove Conklin, his 83 year-old father, and anyone and everyone else on the property, in a literal last-ditch ambush by the lawyers for the courts and the banks to have Mariani vacate the TRO he had entered less than 24 hours previous.

A conference call was held where Conklin thought he was being called to schedule the hearing on the preliminary injunction, but was a backdoor ruse by the other attorneys to have the TRO vacated – with their literal “troops” sitting at the Bethel Church at the top of Boring Bridge Road, just east of the lake in Pinchot Park.  There they sat waiting for the call to swoop in, while Conklin, his family, members of Occupy York, Occupy Harrisburg, the Citizens Reform Center, and PCRLN met at the farm to discuss the issues that remained, believing the eviction to have been put off by the federal court, not knowing that they were sitting ducks.  Mary Grenen, of the law firm of Grenen & Birsic, representing the banks, proudly boasted to Judge Mariani and Mr. Conklin of the force of sheriff’s deputies, state police, locksmiths, movers, haulers, etc., that she had assembled.  The TRO was kept in place, and any problems averted.

From the beginning of his case, Conklin has disputed the amount of the debt, but in good faith, trying to resolve the issue, offered to pay off the entire mortgage, by dividing off a couple of lots, if they could present the original notes and prove the amount allegedly owed.  These are disputes that get resolved at hearings.  Conklin raised and paid thousands of dollars to get a survey under way to extinguish, upon proof, the alleged debt only to find as he got his first lot approved, the bank changed its mind. Conklin would never see any proof, and has come to find that the banks (yes, plural) have engaged in a massive fraud, as further supported by expert affidavits, that the York Court has continued to help conceal.  See the 60 minutes segment in our December 6 post.

In sum, Conklin has denied the allegations, and demanded proof of those allegations against him.  This is how you request and preserve a right to a hearing in accordance with principles of due process.  Mr. Conklin requested his hearing.  He has never been given a hearing, and he has been subjected to an astonishing course of conduct, exercises in deception, misdirection, deceit, and abuse, that is a saga all to its own, parts of which have been told here, and is ready to be separated from his property without a hearing.  He is being denied his property without due process of law.

This may be the most basic principle commonly understood by Americans under our constitution today.  Conklin is entitled to a hearing under the Fourteenth Amendment Due Process Clause of the federal constitution, and he is asking the federal court to exercise its power to uphold the Fourteenth Amendment, which protects individuals against unconstitutional actions of, in this case, the state courts.  It’s simple, and it should be done, and Conklin has filed an additional Motion asking Judge Mariani to recognize these simple principles, and to preliminarily enjoin (put off) the eviction indefinitely, while they sort out the issues on how to restore his right to the hearing that he was clearly denied.  Following is a copy of the motion.

Conklin Motion Summary Injunctive Relief

Conklin has filed an additional motion asking Mariani to first take up the issue of his recusal – that motion was set forth in the Call to Action post, and to at least temporarily, until the summary relief can be sorted out, extend the TRO.  It is in this Motion that Conklin explains the ambush by the lawyers for the banks and the courts, and how the lawyer for the Courts, Gerri Romanello St. Joseph, simply joined in the nefarious plan of the bank to have the TRO upset and the blackshirts swoop in for the eviction – the lawyer for the courts who knew Conklin never got a hearing advocated lawlessness, which our Supreme Court has said it is.

Conklin Motion Modify TRO

Astonishingly enough, Grenen & Birsic is right back at it, as if they expect Judge Mariani to rule favorably for them again, by already rescheduling the sale to go forward on January 5, 2012, while they are subject to Mariani’s TRO telling them the eviction was off.  How can they be so sure that they are going forward with their attack on Satori Farm?  Judge Mariani is getting a quick lesson in the awesome power of a federal judge – if he insists on handling this matter despite Conklin’s well-considered motion to the contrary, let’s hope that he uses it wisely, and shows that he is not beholden to the power structure through which he was just elevated to his current status of lifelong tenure removable only for high crimes and misdemeanors, and that he can use that power to do what judges do – protect and uphold the constitution.

We ask you to stay on alert to our continuing efforts in this regard.  We are expecting that Conklin will ask the Judge to adjust the January 5, 2012 date, but, in the event that that does not change, we will keep you apprised of the efforts to organize, assemble, and oppose that action by further call to action.

There are many, many very important principles at play in the Conklin litigation – principles that coalesce to reveal that whatever the agenda, be it tea party activism, mortgage fraud exposure, banking excesses, civil rights activism, or whatever the symbol of the movement, there is one thing that they all share in common – until you have courts where you can go in and expect fair treatment and basic due process, none of those agendas will ever find their true strength.  Conklin is presenting us all with the opportunity to see that lesson in action.  Judge Mariani was confirmed by the full senate not long ago by an 82-13 margin.  He needs to get this one 100% right, and the answer will be clearly known soon.  We will bring it to you.

Thank you.

5 thoughts on “Constitutional Law 101: Courts cannot allow property to be taken without due process of law (even in York County) – stop the attack on Satori Farm”

  1. This is just the tip of the iceberg, folks. We have received plenty of evidence in other cases regarding this same law firm regarding these allegations and the Conklin case is just one example of many. There is an entire team combing thru years of filings and cases presented by this firm and the amount of fraud being discovered is absolutely shocking. The Conklin case, as fraudulent as it is, is not alone, however, they have clearly articulated the violations and seem to have a much better understanding of all the rights that have been violated whereas in many of the other cases we are analyzing, the victims we are simply didn’t have the knowledge and understanding of the issues or the attorneys representing the victims ended up colluding with the firm and throwing the cases. It’s absolutely staggering what’s going on here, and as we study these other cases, we will be sure to keep everyone apprised of the findings.

  2. After studying this case, I am shocked and outraged that any court would allow such a blatant raping of the Constitutional rights of an American citizen who has clearly articulated a well proven case of outright fraud being committed upon him through the use, and with the assistance of the court system.

    Just in the recent developments I’ve become apprised to alone in the last week (I am told this case has been ongoing for 13 years and riddled with evidence of fraud) but just in the last week alone I learned that Grenen & Birsic made a special arrangement, without notice, to have an emergency telephonic hearing to vacate a TRO.

    The Court had a moral obligation and duty to inform the Plaintiff of the nature of the conference call that was being sprung on the Plaintiff at the last minute, as Grenen & Birsic clearly knew what the call was about. How is the Plaintiff supposed to properly prepare?

    Not only that, but Grenen & Birsic made sure that counsel for their judicial and county were fully aware, as they attempted to ambush the Plaintiff, which is supported by the fact of Grenen’s statement that undisclosed numbers of deputies and state police were prepared to descend upon the Plaintiff.

    This Plaintiff has never had a right to a hearing and trial, and has repeatedly requested such, only to be continually denied the chance to defend the unlawful theft of his property.

    The issues of fraud, the inconsistent accounting of the alleged arrearages, whether or not there was even a default, the authenticity of the documents which are clearly fraudulent and supported by expert witness affidavits, standing, ex parte communications, outright lies and fraud upon the court have never been refuted and can only be resolved in an evidentiary hearing that accords with the principles of due process.

  3. This also goes on with an eminent domain proceeding as well. Once they post your property with the intent that it is to be taken, which means you have 30 days to file your preliminary objections to the taking or even challenging their ability to even take the property, they already have your deed. I have argued on behalf of several landowners having their property taken by eminent domain and clearly stated that taking this property before even hearing the landowners PO’s is bypassing and completely blowing off due process rights. However, it was like it fell on deaf ears, when it clearly is a bypass of due process. The least these legal thieves could do is wait until the PO’s are ruled upon before taking the property as well all know, eminent domain cases are very difficult to win. But that does not mean that they have the right to bypass our most precious rights given to us by our constitution. Shame on all of them.

  4. Our rights are endowed by Almighty God. They were once protected by the Constitution that We the People of these united States created. That document was established as the highest law in this land. It most certainly defined the power that we delegated to the government we created and it most certainly defined the limits of that power. It also clearly and most definitely outlined the rights of the people of this land. However, it is becoming very clear that the document we created to protect our rights and limit the government we created is being systematically violated. Anything that violates the highest law of this land is void on its face. Fortunately, some of the people of this land are standing for the truth and reminding their local Sheriff to be the highest law enforcement official in the county. Sadly, many Sheriffs are bought and paid for by the same people who are subverting the highest law of this land. In those counties, the abuses of due process abound. The problem: people who are out of control in their abuse of others. The solution: godly men and women who understand the lawful authority of the sheriff who elect a sheriff who upholds their oath to defend and protect the constitution of these united States (and the state or commonwealth in which their county is seated) from all enemies, both foreign and domestic. Get busy electing a sheriff who will stand for the people against these abusive practices. Organize the people to stand behind Constitutional Sheriffs who uphold the highest law of this land and send the treasonous people where their actions lead.

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