Notice of Unauthorized & Unlawful "09/02/2010 hearing"

8/8/2019 Notice of Unauthorized & Unlawful "09/02/2010 hearing"

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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT

IN AND FOR COLLIER COUNTY, FLORIDA

BANKUNITED,

as [purported]successor in interestto [SEIZED] BANKUNITED, FSB.,

purported plaintiff,

vs. DISPOSED CASE NO.: 09-6016-CA

JENNIFER FRANKLIN-PRESCOTT, et al.

NOTICE OF LACK OFJURISDICTION

___________________________________________________________________________/

NOTICE OF UNAUTHORIZED & UNLAWFUL 09/02/10 hearing

1. The Clerks Docket [RUN DATE: 09/01/2010] failed toprovide:

a. Any notice of hearing;

b. Anyname of anysetting party;

c. Any referral to and/orauthority by purported magistrate Antonio J. Perez-Benitoa.

2. On 09/01/2010, PM, the Clerk of Court, Assistant Director Darlene Muszynski, kindly

provided the attached Docket information as to this fraudulent action by bankrupt and

seized BankUnited, FSB:

Plaintiff(s) Attorney: Serena Kay Paskewicz, Esq.

See attached CIVIL ACTION PROGRESS DOCKET, 09/01/2010.

Here, Serena Kay Paskewicz is not any authorized attorney.

Here, Andrew Heathcoat is not any authorized attorney. Said Andrew Heathcoat did not file

any notice of appearance pursuant to the Clerks record. Here, Heathcoat was not authorized

tosetany magistrate hearing in the absence of J. Franklin Prescotts consent.

3. Here on 09/01/2010, PM, and in the presence of witnessing Magistrate McGarity, the

Magistrates Office, Rose, confirmed receipt of Franklin Prescotts Notice of Non-Consent

and Objection to any magistrate hearing and/or any hearing before Antonio J. Perez-

Benitoa.


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4. Furthermore, Tony Perez is not any legal name of any authorized magistrate. The identity

of Tony Perez is uncertain and unclear. Here, Tony Perez has no authority, whatsoever.

NOTICE OF NON-CONSENT

5. NOTICE IS HEREBY GIVEN of Jennifer Franklin Prescotts non-consent and

cancellation ofunauthorized 09/02/2010 hearing because there was

a. Non-consent by J. Franklin Prescott [see 09/01/2010 filings];

b. Noorder of referralto any magistrate;c. Nonotice of any hearing;

d. Norecorded filingof any hearing notice;

e. Nosetting party of record.

6. Pursuant to the Magistrates Office, Supervisor Debbie, Rose, 239-252-8870

a. Jennifer Franklin Prescott faxed her filed and recorded NOTICE OF NON-CONSENTand NOTICE OF OBJECTION to the Magistrates Office;

b. Jennifer Franklin Prescotts MOTION TO DISMISS is not to be heard in the record

absence of any notice of hearingrequired under the Rules. See Docket of this disposedCase.

7. NOTICE IS HEREBY GIVEN of Jennifer Franklin Prescotts service of NOTICE OF

DISPOSITION AND NON-CONSENT upon the magistrate and/or Antonio J. Perez-Benitoa

at:

a. Magistrates Office, c/o Supervisor Debbie, Rose

Naples Courthouse

5th

Floor

Naples, FL 34112T: 252-8331, F: 252-8870 and

b. Antonio J. Perez-Benitoa, P.A.C/o Feliz and Kristel

900 Sixth Avenue South

Suite 303Naples, Florida 34102

Telephone: 239-430-1884

Fax: 239-430-1885

http://www.tonypblaw.com

8. Jennifer Franklin Prescott, record holder of unencumbered title to the subject property

[address: 25 6th

ST North, Naples, Florida 34102] does not consent and objected to any


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referral to any magistrate, hearing officer, and/or special master, Rule 1.490, Florida

Rules of Civil Procedure.

JENNIFER FRANKLIN PRESCOTTS OBJECTIONS TO ANY magistrate

9. In particular, J. Franklin Prescott objects and did not consentto any magistrate

a. findings of fact;b. conclusions of law.

MEMORANDUM

A REFERRAL TO A MAGISTRATE REQUIRES THE CONSENT OF ALLPARTIES. JENNIFER FRANKLIN PRESCOTT IS ENTITLED TO HAVE THISMATTER HEARD BY A JUDGE AND DOES NOT WANT TO HAVE THIS

MATTER HEARD BY ANY MAGISTRATE. JENNIFER FRANKLIN PRESCOTTFILE A WRITTEN OBJECTION TO FICTITIOUS referral PRIOR TO

COMMENCEMENT OF THE HEARING.

Here, no hearingcanpossibly commence.

PUBLICLY RECORDED 08/12/2010 FINAL DISPOSITION

10. On 08/12/2010, Def. Judge Hugh D. Hayes disposed of the fraudulent action.

NO order of referral

11. Here, there were

a. 08/12/2010 Final Disposition;

b. Noorder of referral;c. No notice of any hearing;

d. J. Franklin Prescotts non-consent and objection to any magistrate referraland hearing.

RECORD LACK OF note and mortgage

12. Here, in the recorded absence of any note and/ormortgage, there was


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a. Noagreement;

b. Nodebt;c. Nolien;

d. No BankUnited interest.

LACK OF NOTICE OF ANY hearing

13. Court staff asserted and published:

A party/attorney scheduling a hearing mustconcurrently notice the matter in

conformance with the Florida Rules of Civil Procedure and ensure timely notice is served on all pro se parties and counsel of record in advance of the hearing. The

original notice must be timely filed with the Clerk of Court. The Judges and

Magistrates ask that no courtesy copies be sent to their offices on foreclosure cases

only. The setting party/attorney is responsible for preparing and filing the Order of

Referral pursuant to Rule 1.490, Fl. Civil Rules of Court (also can be found at

www.ca.cjis20.org/web/main/magistrates as a reference, no more signed Order of

Referrals from the above website will be accepted). You will be required to submit

your proposed Order of Referral to the appropriate Judge for each hearing in front

of the Magistrate. This will include all hearings for 10, 15 or 30 minutes and

Special Set hearings. (This will also include any Summary/Default Judgment

hearings requesting more than 5 minutes.)

Here, no notice was servedon Jennifer Franklin Prescott. Here, nothing, no matter, and no

hearingwere noticedin violation of the Florida Rules of Civil Procedure.

BANKUNITED, FSBS LACK OFstanding

14. Pursuant to 48.23, Fla. Stat.,

1. A notice oflis pendens must contain the following:

a. The names of the parties.

Here, the fraudulent notice of lis pendens contained BankUnited, FSB. However here,

said BankUnited was not any note/mortgage holderorparty. Here, U.S. agents had seized

BankUnited, FSB.

15. Furthermore here, Jennifer Franklin-Prescott was mischaracterized as a married woman

and Walter Prescott as her husband. However here, Walter Prescott is not the

husband of Jennifer Franklin Prescott. Here, the notice of lis pendens did not contain the

parties names.


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NOjurisdiction

16. Here, BankUnited, FSB was

a. Not anyparty;

b. Had nointerest;c. Had nostanding.

Here, bankrupt BankUnited, FSB, had nostanding, and this Court has nojurisdiction.

RECORD APPEAL - NOjurisdiction

17. Here after disposition and Jennifer Franklin Prescotts Notice of Appeal, this Court had no

jurisdiction:

NOTICE OF RELEASE & DISCHARGE OF FRAUDULENT lis pendens, CH. 48, F.S.

18. The fraudulent notice of lis pendens, purported INSTR 4318185, Collier County Records,

has been released and discharged. Here admittedly, no note or mortgage could be

established, Ch. 48, 71, F. S. Purported Plaintiff bankrupt BankUnited failed and was

seized. In the record absence of any note ormortgage, said seized banks fraudulentaction

and notice were null & void and did not operateas a lis pendens, Ch. 48.

19. Furthermore, a lis pendens is not effectual for any purpose beyond 1 year from the

commencement of the action and expires, 48.23, Florida Statutes.

20. Here, the pleadings conclusively proved that no action could befoundedon any lost and/or

destroyed note and/or instrument. Therefore, the bankrupt and seized banks non-

meritorious action not possibly affect the subject property, and the court controlled and


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discharged the fraudulent notice oflis pendens, 48.23, Fla. Stat. The Docket showed the

08/12/2010 Final Disposition by Def. Judge Hugh D. Hayes.

08/12/2010 FINAL DISPOSITION, FLA.R.CIV.P. 1.998

21. Hereby, prevailing Jennifer Franklin Prescott filed the Final Disposition Form pursuant to

Florida Rules of Civil Procedure 1.998, 25.075, Florida Statutes. The Docket evidenced

Judge Hugh D. Hayes 08/12/2010 Final Disposition before any hearing.

22. Here, the Docket and official record alterations were

a. Arbitrary and capricious;b. Unlawful.

EXHIBITS: NON-CONSENT

Three (3) Certificates of Facsimile Transmission to Antonio J. Perez-Benitoa.

Certificates of Court Filings.

CERTIFICATE OF SERVICE AND PUBLICATION

I HEREBY CERTIFY that a true and correct copy of the above has been furnished to the

purported non-plaintiff, James E. Albertelli, Erin Quinn Rose, and Erin Rowland, Albertelli Law,

P.O. Box 23028, Tampa, FL 33623, Magistrates Office, Debbie, Supervisor, Fax: 239-252-

8870, Defendant Antonio J. Perez-Benitoa, 900 Sixth Avenue South, Suite 303, Naples, Florida

34102, and Defendant Judge Hugh D. Hayes, Naples Courthouse, 3301 E. Tamiami Trail,

Naples, FL 34112, on this 1st

day of September, 2010.

The pleading is also being published worldwide.

________________________

/s/Jennifer Franklin Prescott, Prevailing Victim of seized BankUniteds record fraud


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Home/ Records Search / Court Records / Public Inquiry / Search Results - ALL / Case - 112009CA0060160001XX

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Case Information Printer Friendly Version

Style: BANKUNITED vs FRANKLIN-PRESCOTT, JENNIFER

Uniform Case Number: 112009CA0060160001XX Filed: 07/09/2009

Clerks Case Number: 0906016CA

Court Type: CIRCUIT CIVIL Disposition Judge: HAYES, HUGH D

Case Type: MORTGAGE FORECLOSURES Disposed: 08/12/2010

Judge: HAYES, HUGH D Reopen Reason:

Case Status: DISPOSED Reopened:Next Court Date: 09/02/2010 Reopen Close:

Last Docket Date: 08/30/2010 Appealed:

Parties

Dockets

Events

Financials

1 of 1 pages. Entries per page: 80

Date Text All Entries

07/09/2009 CA48/REAL PRO PERTY MORTGAGE FORECLOSURE (PRE 2010) (FILING)

07/09/2009 CIVIL COVER SHEET

07/09/2009 COMPLAINT

07/09/2009 NOTIC E OF LIS PENDENS

07/09/2009 PAID $10.00 PER ISSUANCE OF SUMMONS $40.00

07/09/2009 REAL PRO PERTY VALUATION SHEET

07/10/2009 SUMMONS ISSUEDJENNIFER FRANKLIN PRESCOTT/ WALTER PRESCOTT/ JOHN DOE/ MARY DOE/PLACED IN SOUTH FLORIDA PROCESS SERVERS BIN

09/03/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS MARY DOE

10/14/2009 AFFIDAVIT OF LOST OR IGINAL SUMMONS JOHN DOE

10/14/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS JOHN DOE

12/21/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS WALTER PRESCOTT

12/21/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS JENNIFER FRANKLIN-PRESCOTT

02/22/2010 NOTICE OF APPEARANCE

AS CO-COUNSEL BY ERIN M ROSE QUINN ON BEHALF OF PLT

04/06/2010 ALIAS SUMMONS ISSUEDJENNIFER FRANKLIN-PRESCOTT/WALTER PRESCOTT/PLACED IN PROVEST LLC BIN

05/20/2010 AFFIDAVIT OF NON-SERVIC E OF SUMMONS JENNIFER FRANKLIN PRESCO TT

05/20/2010 AFFIDAVIT OF NON-SERVICE OF SUMMONS WALTER PRESCOTT

06/15/2010 COR RESPONDENCE FROM COUNSEL TO CLERK

06/15/2010 AFFIDAVIT OF CONSTRUCT IVE SERVICE AS TO WALTER PRESCOTT

06/15/2010 AFFIDAVIT OF C ONSTRUCTIVE SERVICE AS TO JENNIFER FRANKLIN-PRESCOTT

06/15/2010 AFFIDAVIT OF CONSTRUCTIVE SERVICEAS TO ANY AND ALL UNKNOW N PARTIES CLAIMING

06/15/2010 AFFIDAVIT OF DILIGENT SEARCH AS TO WALTER PRESCOTT

06/15/2010 AFFIDAVIT OF DILIGENT SEARCH AS TO JENNIFER FRANKLIN-PRESCOTT

Find it here...

Site Search

9/1/2010 Public Inquiry

apps.collierclerk.com//Case.aspx?UC 1


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06/15/2010 COR RESPONDENCE FROM C OUNSEL TO GULF COAST BUSINESS REVIEW

06/17/2010 LETTER TO GULF COAST BUSINESS REVIEW

06/17/2010 NOTICE OF ACTIONTO WALTER PRESCOTT/JENNIFER FRANKLIN-PRESCOTT & ANY AND ALL UNKNOWNPARTIES CLAIMING

06/17/2010 AFFIDAVIT OF MAILING MAILED 6/18/10

06/18/2010 CONFIRMATION OF EMAIL RECEIVED BY GULF CO AST BUSINESS REVIEW

07/07/2010 AFFIDAVIT OF PUBLICATIONNOTICE OF ACTION TO WALTER PRESCOTT/JENNIFER FRANKLIN-PRESCOTT/ANSWERWITHIN 30 DAYS OF FIRST P UBLICATION 6/25/10

07/09/2010 MOTIO N TO DISMISS BY JENNIFER FRANKLIN PRESCOTT

07/22/2010 NOTICE OF SERVICE MOTION TO DISMISS

07/22/2010 MOTIO N TO DISMISS BY JENNIFER FRANKLIN PRESCOTT /PRO SE

07/22/2010 MOTIO N TO ENJOIN / BY JENNIFER FRANKLIN-PRESCOTT -PRO SE

07/22/2010 NOTICE OF SERVICEOF PUBLISHED NOTIC E OF RECORD & MOT ION TO DISMISSBY DEFENDANT

07/23/2010 MOTION FOR CLARIFICATION OF COUNSEL

07/23/2010 MOTION TO DISMISS

07/23/2010 MOTIO N TO C LARIFY ALLEGED PLAINTIFFS PUBLISHED NOTICE OF RECORD FRAUD

08/12/2010 MOTIO N TO DISMISS PRO SE JENNIFER FRANKLIN PRESCOTT

08/12/2010 BANKRUPTCY BANKUNITED

08/12/2010 CA48/REAL PRO PERTY MORTGAGE FORECLOSURE (PRE 2010) (DISPOSITION)

08/17/2010 BANKRUPTCY BANKUNITED

08/17/2010 NOTICEOF BANKRUPT BANKUNITED INCIDENT REPORT APPARENT FALSIFICATIONS NOTICE

08/17/2010 NOTIC E OF BANKRUPT BANKUNITED

08/17/2010 NOTIC E OF BANKRUPT BANKUNITED DOCKET ALTERATIONS EVIDENCE

08/17/2010 NOTIC E OF BANKRUPT NON SERVICE NOTIC E

08/17/2010 NOTICEOF BANKRUPT BANKUNITED EMERGENCY DEMAND TO EXTINGUISH FRAUDULENTACTION

08/18/2010 NOTICE OF APPEALFROM ALTERATION OF RECOR D NO O RDER ATTACHEDNO FEES ENCLO SED

08/20/2010 CORR ESPONDENCE FROM

APPEAL CLEERK TO DCA W/NOTICE OF APPEALNO FEE INCLUDED

08/20/2010 BILLED APPEAL FILING FEE $150.00

08/30/2010 NOTICE OF RELEASE OF LIS PENDENS FILED BY DEFENDANT

08/30/2010 FINAL DISPOSITION FORM

Wedne sday night is regular ma intenance time on our se rvers; as a result brief outages may occur.We apologize in advance for any inconvenience.

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Antonio J. Perez-Benitoa, P.A.

CONTACT US

Antonio J.

Perez-Benitoa, P.A.


Suite 303

Naples, FL 34102

Phone: 239-206-4324

Toll Free: 866-393-9974

Fax: 239-430-1885

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CONTACT US

Antonio J.

Perez-Benitoa, P.A.


Suite 303

Naples, FL 34102

Phone: 239-206-4324

Toll Free: 866-393-9974

Fax: 239-430-1885

Map and Directions

CONTACT ANTONIO J. PEREZ-BENITOAContact an Experienced and Honest Lawyer for Effective Family Law Advice

For more than 20 years, I, Antonio J. Perez-Benitoa, P.A., have devoted my practice to providing knowledgeable

and honest family law guidance to clients throughout the Naples, Florida, area. As an attorney, I take great care to

provide the helpful and straightforward advice you need to guide your family through a troubling time in your lives.

Whether you need assistance with a divorce, need guidance creating a parenting plan, have experienced major life

changes and require modification of a prior order, or need help obtaining permission to relocate your children, I ca

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Please complete the form below to have me contact you to discuss your specific family law concerns.

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Name

FRANKLIN PRESCOTT

E-mail Address

[email protected]

State

Florida

ZIP

34102

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IN THE CIRCUIT COURT OF THE TWENTIETH

JUDICIAL CIRCUIT

IN AND FOR COLLIER COUNTY, FLORIDA

BANKUNITED,

as [purported] successor in interest to [SEIZED]

BANKUNITED, FSB.,

The use of the Internet or this form for communication with the firm or any individual member of the firm does

not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent throug

this form.

I have read the disclaimer.

Send this message


900 Sixth Avenue South, Suite 303

Naples, FL 34102

Phone: 239-206-4324

Toll Free: 866-393-9974

Fax: 239-430-1885

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