Professional Documents
Culture Documents
JOSEPH H ZERNIK
Petitioner CASE No 1:09-cv-00805
vs
KENNETH MELSON ET AL
Respondants
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Joseph Zernik
1853 Foothill Blvd
LV, CA 91750
Tel: (310) 435 9107
Fax: (801) 998 0917
jz12345@earthlink.net
Pro Se Interested Party
______________________
JOSEPH H ZERNIK
PRO SE INTERESTED PARTY
-2-
PRO SE PETITIONER in Zernik v Melson et al, U.S. Court, District of Columbia,
who is also Interested Party, case of Borrower Parsley, U.S. Court, Southern District of
Texas, and who is also requesting designation as Interested Party in case of Borrower
Hill, U.S. Court, Western District of Pennsylvania, hereby files1 Notice #4.
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I.
TABLE OF CONTENTS
Alternative Cover Pages …………………………… 1-3
I. TOC …………………………… 4
II. List of Exhibits …….………..…………… 5
III. Request for Lenience by Pro Se Filer …………………………… 5
IV. Significance of the Records Noticed Herein …….………..……………. 6
V. Statement of Verification …….………..……………. 7
VI. Exhibits …….………..……………. 8
///
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1
Copy is concomitantly filed with TARP Oversight Board, and with TARP Inspector General, as
a request for urgent investigation into matters related to TARP and the Bailout.
Copy is concurrently filed with Lawrence Summer, Director, U.S. President National Economic
Council
Copy is concurrently filed with Paul Volker, Chairman, U.S. President Economic Recovery
Advisory Board, as request for investigation of the allegation that widespread corruption in LA
County, California, involving Countrywide, gave rise, at least in part, to the sub-prime crisis.
Copy is concurrently filed with Carol E. Dinkins., Chairwoman, U.S. President Privacy and Civil
Liberties Advisory Board, as a request for investigation of alleged widespread corruption and
civil rights and human rights violation of historic proportions in LA County, California.
Copies are concomitantly filed with U.S. Congress, as a request for urgent hearings on
underlying matters.
Copy is concomitantly filed with the Israeli Embassy in Washington DC, with request for
monitoring and protection of the rights of dual citizen, Joseph Zernik, per Universal Declaration
of Human Rights, ratified International Law.
-3-
II.
LIST OF EXHIBITS IN CURRENT NOTICE
EXHIBIT 1. 09-04-02-NOTICE #1FILED IN THE COURT OF THE HONORABLE
JEFF BOHM, U.S. JUDGE, TX.
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III.
REQUEST FOR LENIENCE BY PRO SE FILER
While I make substantial efforts to comply with court procedures, and study
applicable law, I request special lenience as a pro se filer:
A document filed pro se is “to be liberally construed,” Estelle, 429 U. S.,
at 106, and “a pro se complaint, however inartfully pleaded, must be held
to less stringent standards than formal pleadings drafted by lawyers,”
ibid. (internal quotation marks omitted). Cf. Fed. Rule Civ. Proc. 8(f) (“All
pleadings shall be so construed as to do substantial justice”). (Erickson
v Pardus et al, 2007)
In particular, I am unqualified in assessing the validity of legal theories. I ask the
Honorable Court to ignore any irrelevant or erroneous legal theory I claim, and do take
into consideration the facts and the claims themselves, and if they can support some
other valid theory, assign such legal theory to them, and review them pursuant to such
valid legal theory (Haddock v Cal Board of Dental Examiner, 1985).
The Honorable Court is requested to entirely disregard my comments,
explanations, or legal arguments pertaining to such papers, when my writings appear to
be of the nature of legal theories, or legal arguments, and are deemed erroneous, or
irrelevant.
If it pleases the Honorable Court, let the Honorable Court act of its own volition
whenever permitted to do so by law:
a. To initiate action pursuant to the Code of Conduct of U.S. Judges, Canon
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3B(3):
(3) A judge should initiate appropriate action when the judge
becomes aware of reliable evidence indicating the likelihood of
unprofessional conduct by a judge or a lawyer.
b. To act pursuant to Fed. Rule Civ. Proc. 8(f) “to do substantial justice” for
Plaintiffs who claim to have been inflicted substantial harms by the Los
Angeles justice system.
Dated: May 18, 2009 Respectfully submitted, by:
________________________
JOSEPH H ZERNIK
PRO SE PETITIONER
///
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IV.
SIGNIFICANCE OF RECORDS NOTICED HEREIN
///
THE CONDUCT OF THE COURT OF THE HONORABLE JEFF BOHM, U.S.
JUDGE, TX, STANDS IN STARK CONTRAST WITH THE CONDUCT OF LA
COUNTY JUDGES WHO ARE ALLEGED IN PETITION FILE IN
WASHINGTON DC AS COLLUDING WITH FRAUDS BY COUNTRYWIDE.
BY:_________________
JOSEPH H ZERNIK
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PRO SE PETITIONER
Joseph Zernik
1853 Foothill Blvd
LV, CA 91750
Tel: (310) 435 9107
Fax: (801) 998 0917
jz12345@earthlink.net
///
///
V.
STATEMENT OF VERIFICATAION
_____________________
JOSEPH ZERNIK
pro se Plaintiff
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VI.
EXHIBITS
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EXHIBIT 1
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Case 05-90374 Document 256 Filed in TXSB on 04/02/09 Page 1 of 9
Digitally signed
by Joseph
Zernik
ON: cn=Joseph
Zernik,
).~ email=jz12345
Joseph Zernik @earthlink,net,
2 PO Box 526 United &latas Court, <=US
Date:
La Verne, California 91750 Southern District of Texa,
2009.03.3 1
fiLED
3 Tel: (310) 435 9107 12:48: 16 -01'00'
4 Fax: (801) 998 09 17 APR 0 2 2009
in pro per
5 Uichael N. Milby. Clerk of CoUR
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UNITED STATES BANKRUPTCY COURT
9 HOUSTON, TEXAS
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27 NOTED BELOW:
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I, Joseph Zernik, am a resident of Los Angeles County, California, and citizen of the
2 United States.
3 1) I have been involved since October 2005 and to the present date in what has
6 2) The office of Presiding Judge and the office of Executive Officer/Clerk of the
Court have repeatedly refused my requests over the past year to certify that
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Samaan v Zernik is a true, valid case of the California Superior Court of the
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County of Los Angeles.
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3) I believe that the preponderanceof the evidence indicates that it has never
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been a true, valid case of the Superior Court of Califonria.
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4) I therefore refer to it hereinafter as "affair of Samaan v Zernik" to distinguish
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it from true, valid cases of the LA Superior Court.
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5) Countrywide Home Loans, len (CHL), Countrywide Financial Corporation
14 (CFC), Countrywide Bank, FSB (CBF) and more recently Bank of America
15 Corporation (BAC) have been involved in this case as well.
16 6) Various counsel appeared in court in this affair, or were otherwise related to
17 this affair and were represented as having relationship to this affair and/or to
18 CHL, CBF, CFC, and/or more recently - BAC.
I. BCL
2 8) Sandor Samuels also entered notice of Person of Interest in this affair over a
3 year ago.
4 9) If so ordered by this Honorable Court, I would separately file a brief history of
5 the involvement of CHL, CFC, CBF, BAC and BCL and the various counsel
6 listed in (7), above, in this affair, to the degree that I can understand it.
7 10) There are some features of this affair that are far beyond my understasdning,
for example:
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9 a. For almost two years such counsel appear in court, file papers, motions,
all marked with self-designation of "Non-Party".
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16) Exhibit 1 is a true and correct copy of an email I sent Sat, 28 Mar 2009
2 21:17:42, PST, to the following, directly, or through email addresses that I had
good reason to believe would forward the message to them:
3
4 a. Att Jenna Moldawsky, BCL, Santa Monica, CA
i) Ken Lewis;
2 ii) Tim Mayopoulos.
3 18) In such notices I included the following:
4 "B. Request for statements pursuant to Hon Jeff Bohm, US Judge,
March 5,2008 Memo
5
Please provide relative to the Hon Jeff Bohm, US Judge, March 5, 2008
6 Memorandum Opinion, as you deem applicable to affairs listed above:
1) Statement on the record regarding "No Direct Communication with
7 Countrywide" clauses in engagements, if any;
8 2) Statement on the record regarding who client(s) is/are/was/were in
such engagements, if any, and
9 3) Statement on the record regarding who the attorney(s) in charge
10 is/are/was/were in such affairs, if any."
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19) These entities made concerted efforts to prevent me from obtaining the
12 information I was seeking.
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20) Among other measures:
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(a) Two (2) judgments for contempt of the court were rendered against me, and also-
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(b) Sanctions totalling over $30,000 were set against me.
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21) Such judgments and sanctions were based on claims that my efforts to obtain
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responses from CFC and BAC regarding alleged fraudulent records that they had
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filed in court, and regarding the nature of their engagement with counsel,
19 amounted to "harassment" of CFC and BAC. Motions were supported by only
20 counsel declarations. Evidence, much of it false, was admitted with no
21 authentication at all.
22 22) I believe that upon review by a competent court of jurisdiction such judgments
as listed in (20) above, are likely to be deemed as based on intrinsic fraud,
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obstruction of justice, retaliating against a witness, victim, or informant and/or
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monetary transactions in property derived from sepcified unlawful activity.
25 23) Today, Monday, March 30, 2009, I reached Att Amberg by phone again, and
26 asked ifhe intended to respond. He answered: "I need to take further look at it."
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24) If I receive any written response from any of these parties, I would promptly
28 forward it to this Honorable Court.i
25) The final sentence ofthis Honorable Court's Memo says: "The court will
2 continue to verify that its trust is well-placed."
3 26) I therefore am filing this notice with this Honorable Court.
4 27) If this Honorable Court so orders, I would surely be glad to comply and file
5 additional information.
6
l.-
7 Joseph Zernik, DMD, PhD
8 in pro se
STATEMENT OF VERIFICATION
The exhibits provided with this record under Exhibit 1, Exhibit 2, are true
2 and correct copies of records in my possession, as described in (16) and (17), above,
3 respectively.
4 I make this declaration that the foregoing is true and correct under penalty of
5 perjury pursuant to the laws of the United States.
6 Executed here in La Verne, County of Los Angeles, California on this 30 th day
7 in March, 2009.
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II JOSEPH ZERNIK
12 in pro per
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PLAINTIFF(S), 05-903-74
V.
I, the undersigned, certify and declare that I am over ihe age of 18 years, employed in the County of
Los Angeles , State of California, and not a
party to the above-entitled cause. On March 31 , 20 09 , I served a true copy of
Verified Notice to Han Jeff Hohm, Pursuant to Memorandum Opinion Doc #248, March 5, 2008...
by personally delivering it to the person (s) indicated below in the manner as provided in FRCivP S(b); by
depositing it in the United States Mail in a sealed envelope with the postage thereon fully prepaid to the following:
(list names and addresses for person(s) served. Attach additional pages if necessary.)
D I hereby certify that I am a member of the Bar of the United States District Court, Central District of
California.
D I hereby certify that I am employed in the office of a memher of the Bar of this Court at whose direction the
service was made.
1&1 I hereby certify under the penalty of perjury ~--:~~f-an_d_c=-o+r_re_c_t. _
Service List
1) Jenna Mo1dawsky & John Amberg
Bryan Cave, LLP
120 Broadway, Suite 300
Santa Monica, CA 90401-2386
Tel: 310 576-2100
Fax: 310 576-2200
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28 Exhibit 1
March 30, 2009
William Allen Parsley, Borrower
Case # 05-90374
Case 05-90374 Document 256-1 Filed in TXSB on 04/02/09 Page 2 of 4
Exhibit 1
Date: Sat, 28 Mar 2009 21: 17:42 -0700
To: "Amberg, John w." <jwamberg@BryanCave.com>, 'Van Cleve, Peter D. - Managing
Partner SI. Louis" <pdvancleve@BryanCave.com>, "Modisett, Jeffrey A, Managing Partner-
LA" <jamodisett@bryancave.com>, <jennamoldawski@bryancave.com>,"Todd Boock"
<Todd_Boock@Countrywide.Com>, sandor_samuels@countrywide.com,
sandy-shatz@countrywide.com, angelo_molilo@Coutnrywide.com, "C/O BAC: Please
forward, Attention Officers: Ken Lewis, Tim Mayopoulos"
<joyce.schilling@bankofamerica.com>, <scott.silvestri@bankofamerica.com>,
<patrick.c.ryan@bankofamerica.com>, <ocrates@bankofamerica.com>,
<Iegalinvoice@bankofamerica.com>, <retentions@bankofamerica.com>
From: joseph lernik <jl12345@earthlink.net>
Subject: Timely response requested by Tuesday, March 31,2009, 5:00pm. (A) Repeat request
for listing of papers, appearances, and payments; (B) Request for statements pursuant to
Judge Bohm March 8, 2008 Memo, and (C) Request for other pertinent information.
Cc: "As detailed in body of message" <jz12345@earthlink.net>
Mr Kenneth Lewis
Mr Timothy Mayopoulos
Bank of America Corporation
Angelo MOlilo
Sandor Samuels
Sanford Shatz
Todd Boock
Timely response requested by Tuesday, March 31, 2009, 5:00pm; Time is of the essence!
RE: A. Repeat request for listing of papers, appearances, and payments in various
court affairs;
B. Request for statements pursuant to the Hon Jeff Bohm, US Judge, March 8,
2008 Memo;
C. Request for other pertinent information.
I have previously requested by phone, from attomeys at Bryan Cave, LLP, clarifications, which
Case 05-90374 Document 256-1 Filed in TXSB on 04/02/09 Page 3 of 4
they refused to provide. Bryan Cave, LLP attorneys instead asked me to submit a written
request. However, so far they have also refused to respond to the written requests as well.
1) List of court appearances, including dates, names of attorneys who appeared - whether
from Bryan Cave, LLP, or others who are or were associated, or pretended to be associated
with Countrywide, together with names of actions they appeared in.
Reason:
Alleged racketeers such as Jacqueline Connor - best remembered for her performance in
Derailing the First Rampart Trial (2000), John Segal, Terry Friedman generated allegedly
corrupt trial court litigation records, where appearances of Countrywide were concealed.
2) List of papers filed in court, including dates, titles of papers, names of attorneys - whether
from Bryan Cave, LLP, or others who are or were associated, or pretended to be associated
with Countrywide - appearing on such papers, names of attorneys who signed such papers,
and t~les and dates of related actions.
Reason:
Certain paper were eliminated altogether from court records - e.g. paper filed July 6, 2007 as
part of charade in the court of alleged racketeer Jacqueline Connor.
http://inproperinla.com/07-07-06-countrywide-gag-order-motion.pdf
Other papers were concealed in the 'Volume IV Continued" or otherwise, and the court file is
deliberately out of sequence, making identification of such papers d~cult.
http://inproperinla.com/.OHeading-057. l-Ia-supoet-court-f! le-volume-iv-continued-s.pdf
3) List of payments (a) received from Att David Pasternak, with dates, sums of moneys, source
offunds, purported authority for payments, or (b) made to other parties, with dates, sums of
moneys, source of funds, purported authority for payments.
Reason:
Actions of David Pasternak are some of the most blatant examples of alleged racketeering -
monetary transactions in funds derived from prohibited conduct, and the transfer of such funds
to Bryan Cave, LLP, and others, was part of alleged deliberate efforts to lauder such funds, or
cover up their prohibited source.
B. Request for statements pursuant to Hon Jeff Bohm, US JUdge, March 5, 2008 Memo
Please proVide relative to the Hon Jeff Bohm, US Judge, March 5 2008 Memorandum
Opinion, as you deem applicable to affairs listed above:
1) Statement on the record regarding "No Direct Communication with Countrywide" clauses in
engagements, if any;
3) Statement on the record regarding who the attorney(s) in charge is/arelwaslwere in such
affairs, if any.
Reason:
Conduct of Countrywide, and now BAC/Countrywide, which started in 2004, and continues
even today, in part was an exact repeat of conduct described in detail in the Memorandum of
Opinion referenced above. In that Memorandum. Countrywide is quoted as making promises
to avoid such conduct in the future, and the court stated its determination to verify that its trust
in such promises was well placed.
http://inproperinla.com/.OHeading-048.3-coutnrvwide-hon-jeff-bohm-u_'i-judge-ill!f!§!\m,.ceQ.'J1.e:
s.pdf
Case 05-90374 Document 256-1 Filed in TXSB on 04/02/09 Page 4 of 4
E.g.: a) Communications that resu~ed In scheduling of the July 6,2007 charade In the court
of alleged racketeer Jacqueline Connor - best remembered for her performance in Derailing
the First Rampart Trial (2000).
b) Letters to California Court of Appeal. such as the one requesting that the court force
me to copy you on papers filed in court.
Reason: Self-<!vldent
Reason: Self-<!vident
Joseph Zernlk
CC:
1) To clerk of the Honorable Jeff Bohm, US Judge, TX, with request to clarify how to file
evidence relative to Court's decision:
"The Court will continue to verify that its trust is well-placed."
2) Congressional staff
3) BAC Audit Committee as a whole, and members as individuals, with a request to consider
this part of complaint previously filed pursuant to Sarbanes Oxley Act (2002), Section 301.
4) NGOs
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28 Exhibit 2
March 30, 2009
William Allen Parsley, Borrower
Case # 05-90374
Case 05-90374 Document 256-2 Filed in TXSB on 04/02/09 Page 2 of 6
Exhibit 2
(C) Officers:
1) Ken Lewis;
2) Tim Mayopoulos.
Thanks for your help in this matter, which is of high public policy significance in regards to the
ongoing Sub-prime Scandal.
Case 05-90374 Document 256-2 Filed in TXSB on 04/02/09 Page 3 of 6
Joseph Zemik
Mr Kenneth Lewis
Mr Timothy Mayopoulos
Bank of America Corporation
Angelo Mozilo
Sandor Samuels
Sanford Shatz
Todd Boock
appeared - whether from Bryan Cave, LLP, or others who are or were
associated, or pretended to be associated with Countrywide, together with
names of actions they appeared in.
Reason:
Alleged racketeers such as Jacqueline Connor - best remembered for her
performance in Derailing the First Rampart Trial (2000), John Segal, Terry
Friedman generated allegedly corrupt trial court litigation records, where
appearances of Countrywide were concealed.
Reason:
Certain paper were eliminated altogether from court records - e.g. paper filed
July 6, 2007 as part of charade in the court of alleged racketeer Jacqueline
Connor.
http://inPf.9'perinla·!:9m107-07-06-coun~::fl§g-order-fl1otion.pdf
Other papers were concealed in the "Volume IV Continued" or otherwise, and
the court file is deliberately out of sequence, making identification of such
papers difficult.
http://inproperinla.com/.OHeading-057.1-la-sup-<:t-court-fiIe-volume-iv-
continued-s.pdf
3) List of payments (a) received from Att David Pasternak, with dates, sums
of moneys, source offunds, purported authority for payments, or (b) made to
other parties, with dates, sums of moneys, source of funds, purported
authority for payments.
Reason:
Actions of David Pastemak are some of the most blatant examples of alleged
racketeering - monetary transactions in funds derived from prohibited
condUct, and the transfer of such funds to Bryan Cave, LLP, and others, was
part of alleged deliberate efforts to lauder such funds, or cover up their
prohibited source.
Please provide relative to the Hon Jeff Bohm, US Judge, March 5, 2008
Memorandum Opinion, as you deem applicable to affairs listed above:
Reason:
Conduct of Countrywide, and now BAC/Countrywide, which started in 2004,
and continues even today, in part was an exact repeat of conduct described
in detail in the Memorandum of Opinion referenced above. In that
Memorandum, Countrywide is quoted as making promises to avoid such
Case 05-90374 Document 256-2 Filed in TXSB on 04/02/09 Page 5 of 6
conduct in the future, and the court stated its determination to verify that its
trust in such promises was well placed.
http:mnproperLQl.a.com/.OHea_diQg-048.3-coutD~de-hon-j@1!'::bohm-us-jUQ9.e:
decision-rebuke-s.pdf
Reason: Self-evident
Reason: Self-evident
Joseph Zernik
CC:
1) To cieri< of the Honorable Jeff Bohm, US JUdge, TX, with request to clarify
how to file evidence relative to Court's decision:
"The Court will continue to veritY that its trust is well-placed,"
2) Congressional staff
4) NGOs