In a two-hour “hearing” this morning, Steven Conklin once again had his requests to be heard denied, and had U.S. Bankruptcy Court Judge Mary France lift the automatic stay of the eviction proceedings in light of the filing by Conklin that stayed the eviction that was scheduled for January 23, 2012. Judge France also lifted any stay that was effected by the filing of Andy Ostrowski, and the lease he has with Conklin for Satori Farm, but recognized that the lease gave Ostrowski a possessory interest in the property for which separate state court proceedings would need to be initiated.
The theme of the “hearing” was again, “where is the due process?” Indeed, it was not a “hearing” at all, as that term is understood in a court of law, i.e., the orderly presentation of witness testimony and documentary evidence in accordance with the Rules of Evidence.
Ostrowski strenuously asserted that this is all he was requesting, and was prepared to proceed at all times, and he resisted Judge France’s and the attorney for Grenen Brisic’s efforts to extract information without being sworn in as a witness, and allowed to present evidence and cross examine witnesses on his own. This is requesting nothing at all, and Ostrowski only further requested two additional weeks in which to properly prepare. Judge France had no choice but to acknowledged that is the proper procedure, but granted no additional time.
Conklin outlined the history of abuse to which he has been subjected through the courts, and even pointed out to Judge France that until he mentioned the name of Don Bailey in a proceeding in 2004, he was on a track set by her, after recognizing the “bizarre” and “collusive” actions to which he had been subjected, for a due process hearing on the simple issues he has continued to raise. Within weeks, Judge France brought Conklin in, said she had “made a mistake”, and dismissed Conklin from bankruptcy court in 2004, and gave the green light for all of the proceeding through the present.
The matter today was complicated by the fact that the associate attorney for Grenen and Birsic, Beth L. Slaby, who had signed the subject motions, was participating by telephone because, as she alleged, she could not be there today, and could not properly introduce evidence over the telephone. Oddly, however, Slaby, who is in Pittsburgh, represented that she could have a certified copy of a deed delivered to the Court in 15 minutes from the York County Courthouse. Judge France obviated any additional effort by the bank’s attorneys by accepting a facsimile copy of a deed that was never introduced into evidence and subjected to cross examination.
Conklin pointed out that the document, a “Sheriff’s Deed”, showing that the York County Sheriff sold the property to the bank, EMC Mortgage, said right on it that it’s contents needed to be separately verified. Of course, this is the sheriff’s sale that occurred, and was the legal taking of Conklin’s property without due process of law, with the physical ejectment of Conklin and his family from the farm, to surely be forthcoming soon, and likely in the works already. Conklin still has never been given a hearing, and is again out of court.
Conklin even pointed out that the York County Sheriff, and supposedly many other officials in York County, have not just never filed their oaths of office, but have specifically refused to do so, despite the fact that is their clear duty under the law, and it is the contract that binds them to their constitutional duties. Judge France was quickly dismissive of the issue, and, after resisting the efforts and avoiding the requests of Conklin and Ostrowski, ultimately just gave Slaby annd EMC what they were asking for, leaving again the Ostowski lease as a matter for state court.
We will bring you the transcripts of the proceedings, and reserve any detailed characterization of them until then. The transcripts will show that the failure, again, is one of the courts’.
Thanks again go out to the 20 or so members of the occupy movement and PCRLN who once again showed their support for Steve Conklin and his family, and attended the proceedings. Again there are issues of fairness and justice that underlay all of these efforts, and are the real reason that relative strangers to each other stand in support of each other in opposition to the violation of their rights. As Martin Luther King, Jr. said “an injustice anywhere is a threat to justice everywhere.”
For quite some time, we have wrestled with the use of apparent hyperbole, trying to exercise restraint, in trying to describe to you the essence of the problem we are dealing with in this site, but there simply is no more question that we are dealing with corrupt courts, as that term is defined by Webster’s. Our crony capitalism/courthouse corruption article discussed one perception of the real nature of the dis-ease and discomfort underlying the occupy movement, that being “fairness”, and how it made complete sense to look at the cronyism practices in the courts, as the system for the administration of fairness, in that evaluation, even if it means upsetting common beliefs held by all of us concerning the faith we want to have in our courts.
We have sufficiently defined the problem, and given repeated examples of what the courts are doing, and we no longer apologize for using the term corruption to define courts in central Pennsylvania, particularly the federal court in Harrisburg, except, again, to the extent that we have to state this tragic truth.
The Steve Conklin case has been discussed extensively on this site, and the brand new federal Judge, Robert D. Mariani’s handling of the federal claims in the Conklin case, see Mariani gets F in Con Law 101, has shown that the courts themselves, at least in central Pennsylvania, have no interest in doing anything other than protecting themselves, and not the American citizens whose doors they are open to. The abusive way the Bailey clients motions to open judgment are being handled proves that.
As we alerted you in our last update on the Conklin case, bankruptcies filed by Conklin and Andy Ostrowski put off the lawless eviction once again, and the matter is being dealt with promptly by the bankruptcy court, in the federal building here in Harrisburg. Predictably, the bank and their attorneys from the Pittsburgh law firm of Grenen & Birsic have made an emergency filing with the court, and are seeking to have the bankruptcy stay lifted, and Conklin and Ostrowski both sanctioned for the filing. Yes, the firm that relies upon “robo-signers” to create fraudulent documents and lawyers who openly lie in court, are asking that Conklin and Ostrowski be punished for their bad faith conduct. We will bring you the update from the hearing, which is scheduled for January 31, 2012 at 9:30 a.m. in the bankruptcy court, Third Floor, Federal Building at Third and Walnut Streets in Harrisburg.
Steve Conklin has sent out a plea for help, a copy of which has been sent to us. Steve has truly been abused by the courts, both in his own right, and due to his association with attorney Don Bailey, and we are bringing to you his own words that underlay his plea for help. We have made a call out to Senators Casey and Toomey for assistance, but, to this point, there is no evidence that it has been heard, and we will be stepping-up our political efforts to make court reform a priority, but for now we bring you Steve Conklin’s plea for help in his own words, and ask that you help in any way you can:
From: Satori Farm Info [mailto:info@satorifarm.org]
Sent: Monday, January 30, 2012 11:58 AM
To: undisclosed-recipients:
Subject: Please Help!
My name is Stephen Conklin; I am the owner of SatoriFarm, located at 100 Spangler Road, Lewisberry, Pa. 17339. We have been and continue to be subject to an unlawful eviction, by force (last monday the Sheriff’s Department had at least seven cars with 2-3 deputies each, plus others ready to swoop down on us).
I was only able to stop this at the last moment by filing Bankruptcy. There is “expedited hearing” seeking to immediately vacate the automatic stay, plus prospective bar to keep me from filing anymore, plus request for sanctions, set for Tuesday, January 31, 2012 @ 9:30am, in Judge Mary France’s Courtroom, 3rd floor, of the Federal Courthouse in Harrisburg.
Occupy Harrisburg, York, Lancaster and Carlisle as well as other have come out to support us. They were here last Monday, as well as a previous attempt on December 8th, 2011. The Monday event was streamed live world-wide. We have been featured in the Patriot News, the York Dispatch, Fox43 News, as well as 2 4 hour segments of local york Comcast Tv Joe live, and on radio shows such as Dr. Robin Falkov, and Paleo-Radio.
Throughout the courts, I have never received a full, fair and impartial hearing in front of a fair and impartial tribunal. (Even a cursory review of the record would literally shock the conscience)
I have never been allowed discovery even by motion to compel (the bank’s attorney’s even put in writing they would never submit to it)
i have been denied subpoena’s )the other side didn’t even have to appear to have it quashed – it was already decided prior to.
A protection order was issued- and further denial to obtain any additional subpoena’s without court permission, first. (never gonna happen)
I have been attacked by a sheriff’s deputy who put his hand firmly on my collarbone and his other on his holster, and told to sit down and shut up, for merely saying “Your Honor” , meanwhile having a host of things decided against me. (january 27, 2009) This was done again (February 18, 2009) prior to the “hearing” even starting, where the sheriff’s deputy does the exact same thing only this time saying, “you are going to remain quiet, aren’t you Mr. Conklin?”. The County admits doing this, but says I was “disruptive”, however, at least five affidavits from witnesses, including 2 attorneys, clearly states, at no time was I anything but polite and courteous.
I have been labeled in a false light, by Federal Judge Kane, who sua sponte who struck pertinent portions of my federal complaint (1:10-cv-2501) stating it all was “immaterial, impertinent and scandalous” where, inter alia, I was asking for a federal investigation; and, she struck a motion for recusal in its entirety – she goes on to recuse herself so I can’t claim retaliation, but then labels me with having a “longstanding and outrageous pattern of hostility towards the court and its judicial officers” this is simply not true and I asked for a hearing on it to present evidence. No response.
Since then, both myself and my brother have been followed by federal marshals each time we would go to the courthouse to file routine papers, even into the bathroom, culminating on Sept 28, 2011, where the marshal who followed me was on his radio asking if he had to stay with me and then proceeded to say I was on a “list” downstairs. I could not find out what this “list” was, but I have to assume I am perceived, albeit erroneously, as some kind of threat, I have been attacked, by a tipstaff of commonwealth court, threatened with arrest, whilst I was giving testimony on the stand on behalf of someone else – again.. witness affidavits and even the transcripts show I was doing absolutely nothing wrong.
I have had default judgments entered (at least twice) that were facially-defective – I wasn’t even given the amount of time under the rules to respond.
I have had refused, a default judgment after it was stamped in, that was not defective, and was later told they would not enter it, but they couldn’t tell me why. when pressed about it, they said it was because it would have ended the case in my favor.
I have had a judge (Maria Musti Cook, of York, admit that in response to my preliminary objections, that the bank failed to answer the merits of my claims, but go on to say, I can present them at time of trial.. I never got the trial (by the same judge) or even a hearing.
I have had several instances of judges out of York, who were defendants in my federal complaint, continue to rule against me, even reach into other cases and rule, despite the clear impropriety of it and the fact I asked for their recusal.
I was even refused a timely filing of appeal (October 12, 2011) that forced me to write a writ of mandamus, as well as a petition for allowance of appeal, nunc pro tunc, afore they were forced by Superior Court to take it.
I have had numerous instances of filings never served on me, prior to be ruled upon quickly, including one where an attorney who had never appeared, or filed anything previously, had a judge (Renn) of York court, sign an order (12/11/08) BEFORE it was ever filed with the prothonotary, and, despite my having checked the dockets 3 times (12/12/08, 12/18/08, 12/22/08) suddenly on 12/23/08 I receive the order already granting something I never had a chance to respond to (they salted the files, and this too has happened a few times – I had long been forced to get certified copies of the dockets whenever I could because of this)
I have had judges have hearings that I had no notice of.
I have had judges have hearings where i got wind of, and found that the atty.s hadn’t even filed anything in the record to have the hearing on.
I have had time stamped filings of my own, vanish.
I have had an attorney for the other side and the solicitor for the prothonotary openly conspire in front of myself and my brother, (in the elevator) how they could fix it – subsequently they got a hearing I had no notice of and a pleading I had filed before this disappeared from the record.
(all this and more, as i am only brushing what has happened- the list goes on and on)
On December 7, 2010, I filed a federal complaint under Section 1983 (1:10-cv-2501) This went through 3 judges, (Kane, Rambo, Mariani) the last one being appointed by “verbal order”. Judge Mariaini initially granted 2 TRO’s , each of 2 week duration (December 7, 2011, and January 4, 2012, respectively) but i never got a hearing on the request for preliminary injunctive relief (not getting a hearing has been a re-occurring theme throughout) Judge Mariani was only appointed to the bench on November 10, 2011 and has never been a judge prior to this (labor lawyer) – he is a long time supporter of Senator Bob Casey and in return, got to be a judge. I believe I am being singled out.
On or about January 17, 2012 Judge Mariani denied additional relief and dismissed the judicial, bank and law firm that represents them defendants – citing- lack of jurisdiction (Anti-injunction act) and Rooker-Feldman. He did this despite the fact that Section 1983 is an exception to the Anti-Injunction Act (Mitchum v. Foster) and the fact when i filed, there was state action pending) Additionally, he fails to take into account Hovey v. Elliott, and its progeny, as well as a host of other Supreme court cases, cited, which provides for my substantive right and the fact I have never received a real hearing.
He relied on a report and recommendation by Magistrate Judge Blewitt, who cited a bevy of cases, some saying they were directly on point, as to why relief should not be granted. I researched many of these cases, and none of them (none) were anywhere near my case. I pointed this out, to no avail. What all of those cases did have in common however, was the fact that they all…. got a hearing; no matter what I do, I cannot. (Looking at Fed Rule 52, and 65, and case law to go with it, everyone else seems to get a hearing – and certainly the cases cited against me, they all got one too)
As to the foreclosure complaint – I have indubitable evidence by way of 2 expert affidavits, from nationally-recognized fraud Expert, Lynn Szymoniak, Esquire, attesting to, amongst other things, the blatant fraud of the “manufactured assignments”, done by “robo-signers” and other highly improper irregularities. (Ms. Szymoniak has trained even the FBI and others on fraud detection and was featured on April 3, 2011 segment of Sixty Minutes)
For example: Chase Bank of Texas claims on November 11, 2005 they assigned the Mortgage note to Deustche Bank of Americas (something something or other) effective June 18, 2002. This is notarized by Natalie Flowers on November 8, 2005 – three days prior to the alleged execution. Natalie Flowers (by expert affidavit) has acted as a Vice-President for several banks. This is a back-dated assignment, and whilst I cannot find case law on this for Pennsylvania, Michigan, New York and California all find that it is the date of execution and not the antecedent date that controls. Moreover, Deutsche Bank then claims it assigned the mortgage to EMC Mortgage (the folks coming after me) on October 20, 2004. But, On October 18, 2004, Chase Bank of Texas caused our home to be sold at sheriff’s sale (without a judgment- they used a docket number for a different property and attached it to a writ of execution, that should have never been issued by the prothonotary) I told them at time of that sale, it was unlawful (the then-sheriff, the county solicitor and the bank’s attorney) and why it couldn’t be sold, but they did it anyway. I got it back when I told the purchaser who came to give me notice to get out what happened, and he went back and demanded his money back. It shoiuld also be noted that the person who assigned it from Deutsche Bank, Sherry Doza, as Vice -President, by expert affidavit, has acted as V.P for literally dozens of other banks, and even her “signature” is done by numerous others, and at no time has she worked for any of them. Also, the form of Deutsche Bank being used does not exist. (in a two day period, 10/18/04-10/20/04 -4 banks claim ownership- most overlapping to the same day)
Additionally, the foreclosure complaint is verified by Rick Wilken as working for EMC. Per expert affidavit, Rick Wilken has acted as a V.P for other banks too, and at no time did he work for EMC but was and/or is employed by Lender Processing Services (formally a subsidiary of Fidelity) and every other single verification (there are several) the the bank’s attorney’s have done, (Grenen & Birsic) is clearly and unequivocally, facially-defective.
There is also, prior to sale, and still on the York county recorder of deeds docket, where a lienholder was notified of a sale of the property. He subsequently paid them . The attorneys for the bank perjured themselves by sworn affidavit that they had no knowledge of any of this, and later had to admit they are the ones that contacted him in the first place. Then they claimed the payment was no good, yet I have evidence, via cusip number which tracks negotiable instruments, that they have deposited this into a fidelity account in Boston. The judge, Stephen Linebaugh, who is/was a defendant in my federal suit, never addresses whether the payment was good or not, instead, he says that the lienholder could not obtain power of attorney to enter a satisfaction. (the payment itself though, never invalided)
I have had several judges out of the York court, who are defendants continue to rule on things.. all of it meant to harm me.
NO ONE will even mention the word fraud, or the expert affidavits, regardless of what cases in support I cite. (and there are many)
There are additional issues of race as well, which has to do with my taken the indigent in as well as bringing inner city children out to the farm during the summer to see, where eggs come from. Transcripts altered, Tape altered, 7 witness affidavits, all deposed, none refuted, that attest to what was said. A federal judge, Conner, saying I was not entitled to a verbatim transcript and in a footnote, stating (paraphrased) “Plaintiff does not claim to be a minority, so what is plaintiff’s problem with ‘little children of color’ being discriminated against on plaintiff’s property”. Tried to address this (reconsider) through my attorney (I have largely represented myself on everything else) was then attacked and me as well as he issued a show cause as to why Mr. Bailey should not be sanctioned for “grammatical errors”, even though clearly the judge made numerous errors, including case citations. this judge refused to recuse and never addressed the issue for reconsideration put in front of him. I know for a fact, race issues, a developers desire to get hold of this property as well as my association with Don Bailey, and the fact I dared speak of any of it, are exactly the reasons we are being denied wholesale, all means and manner of due process other rights.
WE desperately need help here.. some light shone.. on all that is and continues to go on…. again, I haven’t begun to get into the depth of all of it, we just need as much attention drawn to it as possible.. I have, documents to support everything I am saying here.
Please… if you could offer anything here.. even some guidance or other thoughts, it would be most appreciated.. Thank you for the time and consideration you have afforded in the foregoing; I apologize for the length and likely ramble in it.. I just did not know of another way to present it..
If so inclined, you may reach me @ (717) 458-2815, or by cell @ (717) 460-5450 (if I miss your call, please leave a message and I will return it promptly)
sincerely /s/ Stephen G. Conklin – Satorifarm
Satori Farm Expert Witness Lynn Szymoniak, esq. on 60 Minutes
Watch Lynn Szymoniak on 60 Minutes discussing Foreclosure Fraud:
http://www.cbsnews.com/video/watch/?id=7361572n
View the Proof of the Fraud being commited against Satori Farm by Lynn Szymoniak:
Lynn Szymoniak’s expert witness affidavits proving fraudulent foreclosure documents are being used against Satori Farm
Satori Farm – EMC Mortgage Fraud Foreclosure Victims, with Don Bailey on Joe Live 1/14/2012:
VIDEO: Civil Rights Attorney Don Bailey (former Pennsylvania Auditor General and U.S. Congressman) with Satori Farm (EMC Foreclosure Fraud Victims) discussing Fraud, Judicial Misconduct, Racism by a Federal Judge, and Corruption in Pennsylvania Courts – Back on JoeLive (2nd episode)
http://www.youtube.com/watch?v=TVueZjLNKLs
Please help in any way you feel you can. We will continue to offer suggestions as to how you may.
As Steve Conklin, his 84 year-old father, family, and around 50 friends from PCRLN and the occupy movement waited and worked in the cold rain and snow, saving whatever remnants of Satori Farm that could be loaded on trucks and put into storage that they could, word was received, about 2:10 p.m., that bankruptcy filings made this morning had automatically stayed the eviction. No court has granted relief at this point – it is a stay as a matter of law, and is expected to be addressed promptly. We expect that Conklin will be faced with eviction again soon.
Regardless of the thrust of this article – the fact that the eviction was put off – it was a truly inspiring to participate in the effort where those in attendance were united only by their humanity and sense of fairness that lay beneath all the things we experience as Americans, indeed as world citizens. Food was brought in, labor supplied, and the entire event was webcast live around the world, with viewers as far away as Sweden, France, and Denmark, and the support streamed in, and never let up among those in attendance. After the stay was announced, one of the viewers in San Francisco ordered in a celebratory pizza, and another streamed a message around the world from viewers and listeners everywhere to call the York County Sheriff – 717-771-9601 – and demand that he stop these unlawful efforts to evict Conklin and his family from their farm.
The mantra during the event was fairly simple – how can they take a man’s property without giving him a hearing? That is the basis of the entire effort – the sheriff, i.e., “the state”, is trying to take Conklin’s property without due process of law. We have discussed that basic concept very liberally here. The Supreme Court case is Hovey v. Elliot, 167 U.S. 409 (1897), and it states, in clear language, the following:
The fundamental conception of a court of justice is condemnation only after hearing. To say that courts have inherent power to deny all right to defend an action and to render decrees without any hearing whatever is, in the very nature of things, to convert the court exercising such an authority into an instrument of wrong and oppression, and hence to strip it of that attribute of justice upon which the exercise of judicial power necessarily depends.
…
The principle stated in this terse language lies at the foundation of all well-ordered systems of jurisprudence. Wherever one is assailed in his person or his property, there he may defend, for the liability and the right are inseparable. This is a principle of natural justice, recognized as such by the common intelligence and conscience of all nations. A sentence of a court pronounced against a party without hearing him, or giving him an opportunity to be heard, is not a judicial determination of his rights, and is not entitled to respect in any other tribunal.
Conklin has never had a hearing, and that is not in dispute. Judge Mariani did not even mention Hovey in dismissing Conklin’s case, despite the fact that Conklin quoted it to him too, repeatedly. The language is clear. By all right under the law, Conklin is the fee owner of that 112 acres known as Satori Farm. Our Supreme Court says so.
That is the principle that underlay the bankruptcy filings that effected the stay of the action. Conklin filed a bankruptcy of his own this morning in the bankruptcy court the federal building in Harrisburg. At some point, Conklin had also granted a lease of his property to Andy Ostrowski, who had represented Conklin in the past in the York County Courts in connection with these matters, and Ostrowski also filed a personal bankruptcy this morning, and delivered notice to the Sheriff of the filing.
It is not clear which filing stopped the action, and is presumed that both should have, but the right result has been achieved, and further actions will be forthcoming. Grenen and Birsic, in their haste to shut down Satori Farm, did not attempt to identify if there were any other interests in the land that they sought to take, and Steve Conklin by all right remains the owner in fee.
In the end, what happened at 2:15 p.m. today is only what must happen by operation of law, and is no sign that there is any real standing down in the efforts to get Satori Farm – we will provide you with the updates in these regards. For the time-being, the matter appears to be one for the bankruptcy court, which will likely entertain motions for relief from the stay.
Even if “they” were successful in carrying out their lawless plan, the message from today would still be a positive one. The course of conduct of these official, banks, and attorneys never suggested anything but its continuation, but the outpouring of support for Steve and his family has a life of its own, because of what unites it. Conklin was heard to say that taking him away by whatever means they intended to would only strengthen his voice, and it was shown today that Steve’s voice, and his principles, are what unite people around the world, regardless of political governance.
The rights stated in our Constitution – freedom to speak and to oppose, due process of law, equal protection, etc. – are not our rights because they were given to us, they are our rights because they are “inherent and inalienable”, i.e., they lie at the heart of our humanity. Unfortunately, the understanding of this concept only truly comes when it is “your” rights that are those being taken, and the support that Steve received shows that this is something that is capable of being understood without being experienced. The support alone is a victory.
As the old adage goes, you can take the Steve out of Satori Farm, but you can’t take the Satori Farm out of Steve. Steve’s personal mantra is that he will be heard, and today he was heard around the world, and has introduced the world to Satori Farm. The experience shows that there are things that unite and inspire in the face of lawlessness and oppression, and those things live for themselves.
The courts are supposed to protect all of it, and they aren’t. Why?
In our Constitutional Law 101 article, we referenced the very simple analysis by which United States District Judge Robert D. Mariani could only reach one conclusion, a conclusion that most of us were first introduced to by the third grade – that in America, property cannot be taken without due process of law, which means a fair and impartial hearing before a fair and impartial tribunal. Steve Conklin had neither, not even an unfair hearing in a partial tribunal – he had none whatsoever, and his property is scheduled to be taken away, by force, Monday, January 23, 2012. The Supreme Court of the United States in a case called Hovey v. Elliot, 167 U.S. 409 (1897) instructs that this will be a lawless act. The new federal judge, and 30 year union attorney, is condoning and fomenting lawlessness by rogue state officials. This is the only conclusion that can rationally be reached under the law.
We talked in prior posts of the skepticism with which we viewed Mariani’s eleventh hour grant of the second TRO on January 4, 2012, and the expressed skepticism was the most favorable spin we could put on the move, as there were clear signs that Mariani, a federal judge for all of 2 months, was already involved, whether he knew it or not, as outlined in Conklin’s motion to recuse, in activities that we applied another “F” word to, but this one wasn’t Fail. Judge Mariani did indeed fail his first real test as a judge, but has passed with flying colors in serving the other agenda that we have set forth.
This brand new federal judge (61 years old) has now created a situation where a swarm of sheriff’s deputies from York County with their State Police backup will descend upon Satori Farm and remove this peace-loving family by force. Welcome to the bench Judge Mariani, you made the banks proud. Did you take an oath to uphold the constitution or make a pact to serve another master? You just made America even less free, and proved that the judiciary is not only not capable of disciplining itself, but is at the heart of the problem.
We will be continuing efforts to assemble and peaceably protest and oppose the actions of what is, by definition, a lawless event scheduled to occur in York County on January 23, 2012 at 2:00 p.m.. We will keep you posted of our efforts.
Once again, due to the prolific efforts of Steve Conklin, and his network of supporters, which is believed to include well over 100 American citizens reading this site, and the coverage of the Satori Farm saga on other sites as well, primarily through occupyharrisburg.org and judicial-corruption.net, who wrote and called Judge Mariani to ask him to stop the paramilitary eviction of Steve and his family, which has again been put off by a Temporary Restraining Order entered by Judge Mariani sometime last evening. A copy of the TRO followed by Steve’s motion follow:
It is important for our mission that our readers do their best to read and understand the actual court filings and court orders and opinion that are attached, as providing the true context for every point made herein, and as a check on the bias on this site. Again, we think that the bias is supported by the facts, but respect the intellectual process of our readers to reach their own conclusions.
The “skepticism” expressed here is more ours than Conklin’s at this point because the delay in deciding this matter, and the entry of the Order on a temporary basis, despite the clear factual and legal claims that Conklin has placed before the Court – he did not have a hearing, and that is not in dispute – suggests some reluctance of Mariani to simply step in, be the Judge he was just appointed to be, and to eschew the influences of Judges like Judge Rambo, who had dumped the matter on Mariani after delivering another harsh parting shot apparently hoping to make quick work of Conklin, and the influences that banks and their lawyers have on the Courts. Conklin still stands to have his property taken without due process of law, and it takes even less than the 9th grade education Steve told the Judge is all he has to understand that taking life, liberty, or property, without due process of law, violates the United States Constitution. Accordingly, any Order of Judge Mariani short of finding his Constitutional rights being violated, and demanding that Conklin be given a hearing must be met with skepticism.
The reason for the skepticism, in addition to the Judge not acting on the several motions that Conklin filed and remain on his docket, and sitting and literally waiting until the very last minute – the stress Steve and his poor 84 year old father must have been incredible – is now his denial of Steve’s right to address the preliminary magistrate report that is before Mariani as well as the short-shrift to his motion for recusal and reassignment of this case outside of this judicial circuit.
Again as we brought to you in our December 6, 2011 Call To Action post, Steve filed a Motion for Recusal seeking the reassignment of this matter both away from this Judge, and outside this judicial circuit altogether because of the bias, prejudice, and abject abuse that he has suffered at the hands of the state and federal courts, both because he dared to expect that he would be permitted to exercise his rights in those courts, and because of his relationship with Don Bailey. Conklin and Bailey have a long and loyal relationship with each other in dealing with the Courts, and it was Conklin’s case, where Steve raised concerns of Judge Conner’s racist tendencies, that has contributed significantly to everything reported here. The motion for recusal and one line order follow:
The fact that there is a one-line Order from that multi-page detailed Motion is cause for skepticism itself. Crony capitalists and corrupt courts work best when there is no transparency. We do not suggest that Judge Mariani is dishonest. We express skepticism, and note that Steve has treated Judge Mariani with the utmost respect and kindness, and , above all, hope. We hope that Judge Mariani takes this time to study all of the issues that Steve has put before him, and to do the people justice. Again, the proposed findings of fact and conclusions of law Steve placed before Mariani are as follows:
PROPOSED FINDINGS OF FACT
Defendants EMC, et. al., by and through its attorneys, Defendants Grenen & Birsic, et. al., have filed actions, as Plaintiffs in the Defendant York County Court of Common Pleas, as docketed under 2006-SU-0433-Y06 and 2009-SU-5228-04, respectively.
Plaintiff Stephen G. Conklin, as a defendant in those actions, answered the respective complaints lodged against him, and denied all of the material factual allegations against him, and demanded strict proof of the same.
Plaintiff, Stephen G. Conklin has not defaulted on the Complaints filed against him.
Plaintiff, Stephen G. Conklin has not admitted the allegations levied against him.
Plaintiff, Stephen G. Conklin has never been provided an evidentiary hearing by the Defendant Court of Common Pleas of York County.
CONCLUSIONS OF LAW
This Court has jurisdiction over this matter in accordance with Mitchum v. Foster, 407 U.S. 225 (1972) which holds that actions under 42 U.S.C. § 1983 are an exception to the Anti-Injunction Act.
Plaintiff, as a defendant in actions seeking to separate him from his property, has an absolute right to a hearing under the Fourteenth Amendment, absent a default, or admission.
Plaintiff’s Fourteenth Amendment right to Due Process of law has been denied.
Plaintiff has established a reasonable probability of success on the merits and his right to relief is clear.
Plaintiff will suffer immediate and irreparable harm if the injunction is not granted, and defendants will suffer no harm if it is denied.
On these simple facts, there would appear to be no reason for keeping this case in this perpetual state of urgency. Judge Mariani has already had 30 days from the first TRO to address these issues, and the fact that Steve was forced to file another motion for TRO, and then to have to write the impassioned plea to Judge Mariani to act would also reasonably be cause for skepticism.
Regardless of our skepticism, we do want to send out our greatest appreciation on behalf of the PCRLN for all of your attention and your efforts. As set forth in our January 3, 2012 Call For Action post, these public efforts are not only at the core of our constitutional rights, but they serve a very practical and useful purpose in proceedings of this nature, and we believe that it was these efforts, and the letter of Steve Conklin, together with his diligent legal efforts, that are to thank for Steve’s father to have a few more reasonably peaceful nights of sleep on Satori Farm – until the firestorm that Mariani threw a blanket over flares up again.
The best, and perhaps only, check on the abuse of government power is the power of the unified voice of the people, and we thank you for making all of our voices heard by Judge Mariani.
We will continue to meet, plan, and strategize as to how we can work together to save Satori Farm, and protect all of our Constitutional rights, and will continue to bring you updates, as well as focus on all the efforts underway on this site.
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
Your Honor,
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.
Respectfully Submitted,
______________________
Stephen G. Conklin
(717) 460-5450
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.
As we brought to you in previous posts, the forcible paramilitary eviction of Steve Conklin and, among others, his 84 year-old World War 2 veteran lifelong union railroad worker father, by the York County and Pennsylvania State law enforcement authorities, financed by the bank taking Satori Farm without a hearing, is scheduled for January 5, 2012 – it was scheduled while the ink on the prior TRO was still wet. In a flurry of docket activity, Conklin has placed the matter squarely back before new federal district Judge Robert Mariani, sworn in as a federal judge after a career as a labor attorney, in November, 2011.
Despite the prior and extensive filing that we brought to you from Conklin, Mariani has remained silent, and his prior TRO expired silently by operation of law on December 21, 2011, and no further action has been taken. These filings were linked in our Constitutional Law 101 post, and there they have sat.
On Friday, December 30, 2011, with the eviction scheduled for January 5, 2012, and Mariani sitting silent, Conklin filed for a new TRO, which presents a very clear and simple matrix of facts upon which Mariani is requested to act. Those facts, and conclusions of law they support, lifted right from Conklin’s filing, and not contested by the defendants or the Court as follows:
PROPOSED FINDINGS OF FACT
Defendants EMC, et. al., by and through its attorneys, Defendants Grenen & Birsic, et. al., have filed actions, as Plaintiffs in the Defendant York County Court of Common Pleas, as docketed under 2006-SU-0433-Y06 and 2009-SU-5228-04, respectively.
Plaintiff Stephen G. Conklin, as a defendant in those actions, answered the respective complaints lodged against him, and denied all of the material factual allegations against him, and demanded strict proof of the same.
Plaintiff, Stephen G. Conklin has not defaulted on the Complaints filed against him.
Plaintiff, Stephen G. Conklin has not admitted the allegations levied against him.
Plaintiff, Stephen G. Conklin has never been provided an evidentiary hearing by the Defendant Court of Common Pleas of York County.
CONCLUSIONS OF LAW
This Court has jurisdiction over this matter in accordance with Mitchum v. Foster, 407 U.S. 225 (1972) which holds that actions under 42 U.S.C. § 1983 are an exception to the Anti-Injunction Act.
Plaintiff, as a defendant in actions seeking to separate him from his property, has an absolute right to a hearing under the Fourteenth Amendment, absent a default, or admission.
Plaintiff’s Fourteenth Amendment right to Due Process of law has been denied.
Plaintiff has established a reasonable probability of success on the merits and his right to relief is clear.
Plaintiff will suffer immediate and irreparable harm if the injunction is not granted, and defendants will suffer no harm if it is denied.
The Motion for a Temporary Restraining Order, which lays out the issues for Judge Mariani, is as follows:
If you have reviewed these materials, or any other documents or releases related to the Steve Conklin/Satori Farm, there is a way you can help – a way with a tried and true American tradition. Judge Mariani currently has this case as a result of his “equitable” jurisdiction, and a “court of equity” is acting for larger purposes and is not typically constrained by the normal formal and rigid rules of “courts of law”. In granting or denying an injunction, which is what ultimately is being requested, the Judge must consider the public interest and public concern, and even public opinion, and take all those things into consideration. Steve’s expert witness on the fraud issues, Lynn Szymoniak, who was featured in an April, 2011 60 minutes, the link to which is in our December 6, 2011 Call For Action posts, as well as others, have been active in making this a nationwide effort, and we hope that Judge Mariani hears from supporters all over the country. The Judge can do that through a hearing process, and we can do it through the process of our right to be heard by contacting Judge Mariani, and expressing our concerns and our particular interests to him as he weighs this decision. All Steve has asked for is his right to be heard, and that is all we are asking you to ask as well, because with his rights go our our rights.
Stephen Conklin, Jr., Steve’s son, has forwarded us a letter that he has faxed to Judge Mariani this morning, and that letter is followed by a copy of a post from an Occupy Harrisburg release with ways to contact Judge Mariani to support the cause of stopping the bogus mortgage foreclosure and hostile eviction about to happen, and, more importantly, open up the access to our courts so we do not need to resort to these extreme measures with backs-to-the-wall in the future, and allow us to settle our disputes in accordance with due process of law. The letter from Stephen Conklin Jr. is as follows:
Dear Judge Robert D. Mariani:
I’m writing you in support of Stephen Conklin Sr., his 84 year old father, and his family. Since 1997, he has been trying to expose the fraud being committed against him, in essence, blowing the whistle on the mountian of foreclosure fraud he has discovered.
Had the courts listened then, they could have very well prevented the foreclosure crisis from becoming the nationwide epidemic that it has over the years. All they needed to do was give him a fair trial when he first brought all of the evidence to light.
Let him cross examine witnesses. Let him present the overwhelming amount of evidence to prove his claims are completely with merit. His Constitutional rights are being completely deprived and due process has been ignored in favor of a high powered law firm representing EMC mortgage, who just settled with an amount over $28 million for filing fraudulent foreclosure paperwork.
How Mr. Conklin is being ignored and chastised for so many years in the PA Courts is completly mind numbing and ridiculous, to say the least.
I am requesting a Temporary Restraining Order and also would like to see the court finally give Mr. Conklin a fair trial.
You were generous enough to grant a 2 week Temporary Restraining Order on December 7th but if you fail to act by 2PM Thursday the family will be evicted. The case number is 1:10-CV-2501.
It’s a shame that this veteran, who fought in WWII to defend the American Dream, is having it stolen from him with fraudulent documents from several banks.
Lynn Szymoniak who was recently on 60 minutes, worked for the CIA and FBI, has verified the fraud and submitted not one, but two expert witness affidavits to prove the assignments and verifications are completely fraudulent. Why won’t the court acknowledge this evidence and rule accordingly?
Janus Handwriting Experts have also verified numerous instances of fraud being committed.
Judge Arthur Schack of NY has thrown out cases with just a fraction of the fraud Mr. Conklin has discovered.
There is plenty of well documented and factual evidence to support all of Mr. Conklin’s claims, including ex-parte communications, perjury by the Grenen & Birsic Law Firm, robo-signing, backdating of assignments, fraudulent verifications, fraudulent assignments, and more fraud than you see in most foreclosure cases across the nation.
During a bankruptcy proceeding Judge Mary France even exclaimed “this is bizarre” and “collusion”, the latter referencing collusion between Conklin’s prior counsel, Paul Lutz, and the “banks” attorney, Leon Haller, with regards to how Conklin wrongfully lost his property at an unjust sale.
I sincerely hope you can provide the justice this family truly deserves and give them proper time and their day to prove everything in a fair court, once and for all.
This court was made for the people and by the people, not for the bankers and their law firms.
Your honor, I sincerely hope you can do the right thing.
Stephen Conklin, Jr.
The Occupy Movement is supporting Steve’s effort as follows:
Sure they don’t have the media market of NYC or even Oakland for that matter, heck, even the tundra went viral. Nonetheless, Harrisburg has a cause that is worth occupying for. They are organizing to protest the pending eviction of the owner of 100 acres in Lewisberry, PA called Satori Farm.
The owner of Satori Farm, Stephen Conklin Sr. foresaw the use of this land to be in accord with the practice of sustainability. He used the land in conjunction with the Fresh Air Fund which afforded children an experience outside of their urban dwellings.
He offered the use of his land to other organizations for a variety of purposes free of charge. He also offered the shelter of his home and food in his pantry to anyone in need. He was happy to share what he had.
Now all of this is apparently in jeopardy due to a fraudulent foreclosure that now lingers overhead like a swarm of locusts waiting to descend on its target. Since 1998, Mr. Conklin Sr. has tried to rectify this situation but has faced many obstacles. If nothing is done come January 5th an effort to evict the current occupants will in all likelihood take place.
Update –
We’ve been talking about the eviction of the Conklin Family but there’s STILL TIME for a federal Judge to step in. View the proof of fraud here. Please call and fax Judge Robert D. Mariani here:
Judge Robert D. Mariani
Phone (570) 207-5750
Fax: (570) 207-5759
You can use free fax services such as FaxZero. Be sure to have everyone you know send a fax and make a call!
Here’s a sample fax to send. Feel free to personalize it with your own story:
Dear Judge Robert D. Mariani:
I’m writing you in support of Stephen Conklin Sr., his 84 year old father, and his family. I am requesting a Temporary Restraining Order and give Mr. Conklin a fair trial.
You were generous enough to grant a 2 week Temporary Restraining Order on December 7th but if you fail to act by 2PM Thursday the family will be evicted. The case number is 1:10-CV-2501.
It’s a shame that this veteran, who fought in WWII to defend the American Dream, is having it stolen from him with fraudulent documents from several banks. Lynn Szymoniak verified the fraud. Judge Arthur Schack of NY has thrown out cases with just a fraction of the fraud Mr. Conklin has discovered.
Thank You,
Any efforts that any of you can make to help will be appreciated. The eviction is scheduled for January 5, 2011 at 2:00 p.m.. We do not expect them to stand down of their own accord, and they had a literal force assembled and prepared to take action. We will be there to stand beside Steve, his father, his family, and all of the hundreds of spirits who he has helped to live through his efforts at Satori Farm over the years.
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 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.
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.
We are pleased to bring you an update from our call for action that went out on December 5, 2011, to inform you that newly-appointed Middle District Judge Robert Mariana has granted a Temporary Restraining Order prohibiting the York County Sheriff from going forward with the forced eviction scheduled for December 8, 2011. It was the only right decision under the circumstances, and, while we do not feel it is incumbent upon us to thank judges for doing what is the only right and just thing, there is a certain appreciation that is expressed, under all the circumstances.
Judge Mariani set the TRO to expire on December 21, 2011, and has referred it back to Magistrate Judge Blewitt, who summarily denied Conklin’s April, 2011 motion, for a report and recommendation on the request to make the TRO into a preliminary and perhaps permanent injunction. Mariani has not yet addressed the Motion for Recusal Coklin filed, and we will update you as these matters proceed. A copy of Judge Mariani’s Order follows:
While Steve and his family are most certainly relieved of this urgent situation, it is no time to rest, and the efforts that are underway here must continue in earnest. Judge Mariani was given almost no choice short of lawlessness to do what he did, and we will be cautiously optimistic, and continue to give every judge the benefit of the doubt, and opportunity to act in accordance with his or her judicial duties.
Thank you all for your support.
Working to provide equal justice under the law in Pennsylvania
