MEC&F Expert Engineers : 03/02/16

The lying corrupt perjured thug, Ronald A. Lucas, a former Passaic County officer

The corrupt and/or incompetent Chancery Judge McVeigh. She conspired with Robert Del Vecchio, American Tax Funding and other convicted felons to sign off on judgments of possession without having subject matter jurisdiction over land possession issues and without performing any hearings. Land possession judgments are adjudicated by the Law Division and not by the Chancery Court. She caused millions of dollars in damages by illegally evicting people from their homes; she also violated the anti-eviction act and the summary dispossess act of New Jersey.

/////////////////////-------------------------/////////////////////

ROBERT DEL VECCHIO'S FALSE ACCUSATIONS AND RON LUCAS FABRICATIONS

From	Barbara Williams barbarawilliams33@aol.comhide details
To	bmaer bmaer@pcsheriff.org, rberdnik rberdnik@pcsheriff.org
Cc	cvaldes cvaldes@passaiccountynj.org, proby proby@passaiccountynj.org, wdewey wdewey@passaiccountynj.org
Bcc	stuart.rabner stuart.rabner@judiciary.state.nj.us, jaynee.lavecchia jaynee.lavecchia@judiciary.state.nj.us, barry.albin barry.albin@judiciary.state.nj.us, lee.solomon lee.solomon@judiciary.state.nj.us, ernest.caposela ernest.caposela@judiciary.state.nj.us, joseph.chapman joseph.chapman@judiciary.state.nj.us, gina.cruz gina.cruz@judiciary.state.nj.us, sheila.maisonet sheila.maisonet@judiciary.state.nj.us, nitza.fontalvo nitza.fontalvo@judiciary.state.nj.us, ivory.berkley ivory.berkley@judiciary.state.nj.us, robert.tracy robert.tracy@judiciary.state.nj.us, glenn.deblasio glenn.deblasio@judiciary.state.nj.us, june.zieder june.zieder@judiciary.state.nj.us

Office of the Passaic County Sheriff
William Maer
Media Information & OPRA Processing Unit
11 Sheriff's Plaza
Paterson, NJ 07502
bmaer@pcsheriff.org
973-389-5900

Dear Sheriff Berdnik/Mr. Maer:

I have just finished reading the following news report. I provide the link where the information was found:

IS PASSAIC COUNTY SHERIFF RICHARD BERDNIK GOING TO RESIGN FOLLOWING THE DISCOVERY OF THE LUCAS/D'AGOSTINO CONSPIRACY AND THE CHANCERY JUDGE MARGARET MCVEIGH BOMBSHELL?

http://metroforensics.blogspot.com/2016/03/is-passaic-county-sheriff-richard_14.html

Here is an excerpt from that report.

Re: FALSE POLICE REPORT LEADS TO INCARCERATION OF INNOCENT HOMEOWNER IN PASSAIC COUNTY, NEW JERSEY

"Mary Johnson":

Recipient: rberdnik@pcsheriff.org

Dear Passaic County Sheriff Richard Berdnik:

This is an informant tip. Before I start, I must tell you that this information is 100% correct and I give you the right to arrest me if you find that I have misled you or lied to you in any way.

I have obtained the following information directly from the sources.

Apparently, in May or June 2011, a person named Robert Del Vecchio, Jr of Passaic County, New Jersey (he is a lawyer) lied to the Passaic County Sheriff about threats made to him by a person named Basilis (or Basil) Stephanatos of Wayne, New Jersey (also in Passaic County). Apparently, Del Vecchio said to sheriff's officer Ronald A. Lucas that Basilis Stephanatos had threatened him with violence few days prior to a scheduled eviction on June 28, 2011. As a result, Del Vecchio asked that several sheriff officers (including Lucas who was a Sworn Law Enforcement Officer) dispatch to the location of the Stephanatos' residence located at 687 Indian Road, Wayne, New Jersey 07670.

Specifically, Del Vecchio told Lucas that Basilis Stephanatos had told him that he "will beg to be instead fucked in the ass by a 5-ft long rhinoceros dick" if you try to evict him from his residence.

These accusations of threats of violence that Del Vecchio made were false. According to information I obtained, Basilis Stephanatos never threatened Robert Del Vecchio with physical violence because he never had any contact or communication with him during that time.

Here is what happened:

In 2008, Robert Del Vecchio put a lien onto Basilis Stephanatos' residential property for unpaid taxes that Stephanatos was disputing due to alleged over assessment of his residence (in fact, after the seizure of the Stephanatos' propety, Del Vecchio sold it for $330,000 which is the fair market value of the property. However, the property was assessed by Wayne Township at $475,000. This is about 40 percent greater over-assessment and thus no taxes were legally owed by Basilis Stephanatos- tragic, tragic, tragic situation).

In any event, around December 2008, Robert Del Vecchio, Jr. (he was a lawyer for American Tax Funding, Inc.) sent a letter to Basilis Stephanatos , notifying him that a lien has been placed onto his property. Then on December 26, 2008, Basilis Stephanatos sent a letter to Robert Del Vecchio demanding that the lien be removed. Basilis Stephanatos wrote that he is filing a criminal complaint and other reporting to the media. He basically threatened Robert Del Vecchio with legal action and not physical violent threats.

This is what Basilis Stephanatos wrote to Robert Del Vecchio in the December 28, 2008 letter:

"This is not a threat – it is real. After you see what we have in store for your client, you will beg to be instead fucked in the ass by a 5-ft long rhinoceros dick for the rest of your life.

Mary Christmas and Happy the New Year."

So, Stephanatos never threatened Del Vecchio with violence (he only wrote about legal action) and certainly this was 2.5 years prior to the June 28, 2011 incident.

Lucas then testified during the Grand Jury that Stephanatos was a violent person and that he had threatened Del Vecchio few days prior to the June 28, 2011 incident.

I was told that you should have the Stephanatos' letter in your possession, should you want to confirm its authenticity. Apparently you seized all his computers in 2011, so you should have a copy of it.

I hope I have been helpful.

Thank you for your great service to our county.

Very Truly Yours,

Mary Johnson

As you know, filing false police reports is a criminal offense in New Jersey (and in most states). Here is the criminal statute.

N.J.S.A. 2C:28-4. False Reports to Law Enforcement Authorities

Falsely incriminating another. A person who knowingly gives or causes to be given false information to any law enforcement officer with purpose to implicate another commits a crime of the fourth degree.

Do you have any comments to make to these reports? Are you going to file criminal charges against this Robert Del Vecchio, Jr.?

What about the Ron Lucas alleged conspiracy to frame this homeowner? The news report above provides some very significant details regarding what Lucas did to frame him and then testify during the Grand Jury that Basilis Stephanatos had threatened Robert Del Vecchio with violence – which turns out to be false.

I am also reading that these prosecutors, Walter Dewey and Peter Roby (I copy them on this comment request) have been using the false statements of Lucas and Del Vecchio to support charges against Basilis Stephanatos and to depict him as violent person. Which accusations appear to be false, from what I can see. So, the Grand Jurors were presented with intentionally false statements and lies from Del Vecchio and Ron Lucas (who was not even at the scene) and they end up indicting Stephanatos. Good Lord!

Sheriff, you seem to have some major issues on-hand.

Are you going to present these findings to a judge/jury or are you going to suppress them and hide them from the courts as you did with Stephanatos’ emails/phone records? Based on this report, you never even gave a chance to this guy (Stephanatos) to defend himself!!! Nice going!!

Any comments? This is bad publicity for the Passaic County Sheriff and the Passaic County Prosecutor's Office. You need to make it right. Or perhaps, you can hide this info and attack the victim instead (Basilis Stephanatos).

Sincerely,

Barbara Williams
Investigative Reporter

barbarawilliams33@aol.com

CC:

Passaic County Administration Building
401 Grand Street
Paterson, New Jersey 07505
Main Number: 973-881-4800
Fax: 973-225-0155

Valdes, Roby, Dewey

Dear Judge De la Carrera/Mr. Feinstein:

I am an investigative reporter with Metro Forensics and I have been working on one of our Innocence Projects regarding "State v. Basilis Stephanatos". You are listed as the presiding judge and Mr. Feistein is the Defense Attorney.

We have discovered that significant amount of exculpatory evidence was not presented to the grand jurors and to this court. Recently, we discovered that Robert Del Vecchio filed false statements with the Passaic County Sheriff. These false statements were used to portray Mr. Stephanatos as a violent person during the grand jury proceedings and in briefings before this Court. Please see my correspondence below with the Sheriff.

I can assure the Court that I have fully investigated these statements and are completely false. I also gave information to the Sheriff to be able to retrieve that information from his records, as he seized Mr. Stephanatos' computers.

The biggest bobmshell is the discovery of the Ron Lucas false testimony. I discovered that he was not even at the scene of the alleged assault. As the Court can realize, this is a bombshell of gigantic proportions. I have advised Mr. Stephanatos that he should be afraid of his life, as these revelations show some very deep corruption within the Sheriff Department and the Passaic County Prosecutor's office and these are armed people and have already shot and killed many innocent people under suspicious circumstances.

Please read the information provided below carefully. I fully stand behind my reporting.

Very Truly Yours,

Barbara Williams
Investigative Reporter
Metro Forensics
barbarawilliams33@aol.com

-----Original Message-----
From: Barbara Williams <barbarawilliams33@aol.com>
To: bmaer <bmaer@pcsheriff.org>; rberdnik <rberdnik@pcsheriff.org>
Cc: cvaldes <cvaldes@passaiccountynj.org>; proby <proby@passaiccountynj.org>; wdewey <wdewey@passaiccountynj.org>
Sent: Mon, Mar 14, 2016 6:38 am
Subject: ROBERT DEL VECCHIO'S FALSE ACCUSATIONS AND RON LUCAS FABRICATIONS

Office of the Passaic County Sheriff
William Maer
Media Information & OPRA Processing Unit
11 Sheriff's Plaza
Paterson, NJ 07502
bmaer@pcsheriff.org
973-389-5900

Dear Sheriff Berdnik/Mr. Maer:

I have just finished reading the following news report. I provide the link where the information was found:

IS PASSAIC COUNTY SHERIFF RICHARD BERDNIK GOING TO RESIGN FOLLOWING THE DISCOVERY OF THE LUCAS/D'AGOSTINO CONSPIRACY AND THE CHANCERY JUDGE MARGARET MCVEIGH BOMBSHELL?

http://metroforensics.blogspot.com/2016/03/is-passaic-county-sheriff-richard_14.html

Here is an excerpt from that report.

Re: FALSE POLICE REPORT LEADS TO INCARCERATION OF INNOCENT HOMEOWNER IN PASSAIC COUNTY, NEW JERSEY

"Mary Johnson":

Recipient: rberdnik@pcsheriff.org

Dear Passaic County Sheriff Richard Berdnik:

This is an informant tip. Before I start, I must tell you that this information is 100% correct and I give you the right to arrest me if you find that I have misled you or lied to you in any way.

I have obtained the following information directly from the sources.

Here is what happened:

This is what Basilis Stephanatos wrote to Robert Del Vecchio in the December 28, 2008 letter:

"This is not a threat – it is real. After you see what we have in store for your client, you will beg to be instead fucked in the ass by a 5-ft long rhinoceros dick for the rest of your life.

Mary Christmas and Happy the New Year."

So, Stephanatos never threatened Del Vecchio with violence (he only wrote about legal action) and certainly this was 2.5 years prior to the June 28, 2011 incident.

Lucas then testified during the Grand Jury that Stephanatos was a violent person and that he had threatened Del Vecchio few days prior to the June 28, 2011 incident.

I hope I have been helpful.

Thank you for your great service to our county.

Very Truly Yours,

Mary Johnson

As you know, filing false police reports is a criminal offense in New Jersey (and in most states). Here is the criminal statute.

N.J.S.A. 2C:28-4. False Reports to Law Enforcement Authorities

Falsely incriminating another. A person who knowingly gives or causes to be given false information to any law enforcement officer with purpose to implicate another commits a crime of the fourth degree.

Do you have any comments to make to these reports? Are you going to file criminal charges against this Robert Del Vecchio, Jr.?

Sheriff, you seem to have some major issues on-hand.

Sincerely,

Barbara Williams
Investigative Reporter

barbarawilliams33@aol.com

CC:

Passaic County Administration Building
401 Grand Street
Paterson, New Jersey 07505
Main Number: 973-881-4800
Fax: 973-225-0155

Valdes, Roby, Dewey

Office of the Passaic County Sheriff
William Maer
Media Information & OPRA Processing Unit
11 Sheriff's Plaza
Paterson, NJ 07502
bmaer@pcsheriff.org
973-389-5900

Gary F. Giardina

Business Administrator

Passaic County Sheriff’s Office

435 Hamburg Turnpike

Wayne, NJ 07470

973-389-5900 x2321

ggiardina@pcsheriff.org

RON LUCAS WAS NOT AT THE SCENE OF THE ALLEGED ASSAULT AND INTENTIONALLY FRAMED THE HOMEOWNER

Dear Sheriff Berdnik/Mr. Maer:

I am an investigative reporter with Metro Forensics and I have been working on one of our Innocence Projects regarding "State v. Basilis Stephanatos".

I am writing regarding the report published in the media regarding crimes committed by the Passaic County Sheriff Department in framing and concealing evidence from an incident that occurred on June 28, 2011. Here is the link to that report:

IS PASSAIC COUNTY SHERIFF RICHARD BERDNIK GOING TO RESIGN FOLLOWING THE DISCOVERY OF THE LUCAS/D'AGOSTINO CONSPIRACY AND THE CHANCERY JUDGE MARGARET MCVEIGH BOMBSHELL?

http://metroforensics.blogspot.com/2016/03/is-passaic-county-sheriff-richard_14.html

We have discovered that significant amount of contradicting and/or exculpatory evidence was not presented to the grand jurors and to the Superior Court. Recently, we discovered that Robert Del Vecchio filed false statements with the Passaic County Sheriff. These false statements were used to portray Mr. Stephanatos as a violent person during the grand jury proceedings and in briefings before this Court. Please see my earlier correspondence with the Sheriff, proving you with a tip on where to find and authenticate this info.

The biggest bombshell is the discovery of the Ron Lucas false testimony. I discovered that he was not even at the scene of the alleged assault. As you realize, this is a bombshell of gigantic proportions and that is why you are trying to revoke Mr. Basilis Stephanatos’ bail, essentially silencing him.

CLUE #1 THAT LUCAS WAS NOT AT THE SCENE OF THE ALLEGED ASSAULT

We have collected at least 25 clues to refute the allegations that Lucas was at the scene of an alleged assault on June 28, 2011 at a property located at 687 Indian Road, Wayne, New Jersey and at 8:50 am EST.

Here is our first clue.

Clue #1

I am attaching the original charge filed by Ron Lucas on 6/28/2011 under Section NJS 2C:17-2C. As you see, he wrote the reason for the charge is “placing sliver[sic] metal container on his front steps causing the evacuation of neighbors”.

As you know by now, this was a black plastic safety container for the environmental instruments used in Basilis Stephanatos’ business. It was placed there to be picked up by the vendor, Pines Environmental. This has already been confirmed by the prosecutor, Peter Roby, way back in 2011 before judge Filko.

Note that Lucas writes: “sliver [sic]” (he meant silver). However, this was a black plastic instrument case. The date of this warrant-complaint is 6/28/2011, i.e., the date of the incident. So, Lucas must have had very vivid memory of that instrument for which he wrote a complaint about. However, he fails to even correctly identify it in his own report. This is another clue telling us that Lucas was not there at the scene to eye-witness the instrument.

Sheriff, I know you are a busy person. Please let me know if you do not want to receive any more reporting from our Innocence Project on the case of “State v. Stephanatos”.

Any comments?

Sincerely,

Barbara Williams
Investigative Reporter

barbarawilliams33@aol.com

CC:

Passaic County Administration Building
401 Grand Street
Paterson, New Jersey 07505
Main Number: 973-881-4800
Fax: 973-225-0155

Valdes, Roby, Dewey

PROOFS THAT RON LUCAS WAS NOT AT THE SCENE OF THE ALLEGED ASSAULT AND INTENTIONALLY FRAMED THE HOMEOWNER BY LYING TO THE COURTS

From	Barbara Williams barbarawilliams33@aol.comhide details
To	bmaer bmaer@pcsheriff.org, ggiardina ggiardina@pcsheriff.org, rberdnik rberdnik@pcsheriff.org
Cc	proby proby@passaiccountynj.org, cvaldes cvaldes@passaiccountynj.org, wdewey wdewey@passaiccountynj.org
Bcc	joseph.chapman joseph.chapman@judiciary.state.nj.us, miguel.delacarrera miguel.delacarrera@judiciary.state.nj.us, mrfeinsteinesq mrfeinsteinesq@aol.com, stuart.rabner stuart.rabner@judiciary.state.nj.us, jaynee.lavecchia jaynee.lavecchia@judiciary.state.nj.us, barry.albin barry.albin@judiciary.state.nj.us, lee.solomon lee.solomon@judiciary.state.nj.us

Office of the Passaic County Sheriff
William Maer
Media Information & OPRA Processing Unit
11 Sheriff's Plaza
Paterson, NJ 07502
bmaer@pcsheriff.org
973-389-5900

Gary F. Giardina

Business Administrator

Passaic County Sheriff’s Office

435 Hamburg Turnpike

Wayne, NJ 07470

973-389-5900 x2321

ggiardina@pcsheriff.org

PROOFS THAT RON LUCAS WAS NOT AT THE SCENE OF THE ALLEGED ASSAULT AND INTENTIONALLY FRAMED THE HOMEOWNER

Dear Sheriff Berdnik/Mr. Maer/Mr. Giardina:

I am an investigative reporter with Metro Forensics and I have been working on one of our Innocence Projects regarding "State v. Basilis Stephanatos".

IS PASSAIC COUNTY SHERIFF RICHARD BERDNIK GOING TO RESIGN FOLLOWING THE DISCOVERY OF THE LUCAS/D'AGOSTINO CONSPIRACY AND THE CHANCERY JUDGE MARGARET MCVEIGH BOMBSHELL?

http://metroforensics.blogspot.com/2016/03/is-passaic-county-sheriff-richard_14.html

We have discovered that significant amount of contradicting and/or exculpatory evidence was not presented to the grand jurors and to the Superior Court. Recently, we discovered that Robert Del Vecchio filed false statements with the Passaic County Sheriff. These false statements were used to portray Mr. Stephanatos as a violent person during the grand jury proceedings and in briefings before the Superior Court. Please see my earlier correspondence with the Sheriff, providing you with a tip on where to find and authenticate this info.

The biggest bombshell is the discovery of the Ron Lucas false testimony and the conspiracy formed by the Passaic County Sheriff officers to frame Basilis Stephanatos. I discovered that Ron Lucas was not even at the scene of the alleged assault. As you realize, this is a bombshell of gigantic proportions and that is why you are trying to revoke Mr. Basilis Stephanatos’ bail (guaranteed by the state constitution), essentially silencing him.

25 CLUES THAT LUCAS WAS NOT AT THE SCENE OF THE ALLEGED ASSAULT

Here is our first clue.

Clue #1

Note that Lucas writes: “sliver [sic] metal” (he meant silver). However, this was a black plastic instrument case. The date of this warrant-complaint is 6/28/2011, i.e., the date of the incident. So, Lucas must have had very vivid memory of that instrument for which he wrote a complaint about. However, he fails to even correctly identify it in his own report. This is another clue telling us that Lucas was not there at the scene to eye-witness the instrument.

Sheriff, I know you are a busy person. Please let me know if you do not want to receive any more reporting from our Innocence Project on the case of “State v. Stephanatos”.

Any comments?

Sincerely,

Barbara Williams
Investigative Reporter

barbarawilliams33@aol.com

CC:

Passaic County Administration Building
401 Grand Street
Paterson, New Jersey 07505
Main Number: 973-881-4800
Fax: 973-225-0155

Valdes, Roby, Dewey

//////////////////////////---------------------------------------//////////////////////////

Passaic County Administration Building
401 Grand Street
Paterson, New Jersey 07505
Main Number: 973-881-4800
Fax: 973-225-0155

Dear Ms. Valdes:

There are news releases in the media that suggest that the Chancery Judge Margaret Mary McVeigh has been issuing or allowing to issue "judgments of possession" and "writs of possession" although she never had subject matter jurisdiction over land possession issues. The Passaic County Sheriff would then execute these void judgments and writs, causing harm and injury to residents of this county.

What is a real explosive bombshell, is the fact that no hearings of land possession were ever held by this Judge. These are some very, very, very, serious, serious, serious allegations.

A judgment is void for lack of subject matter jurisdiction when the court has no authority to adjudicate the controversy. See Bank v. Kim, 361 N.J. Super. 331, 339 (App. Div. 2003) (mortgage foreclosure judgment void in violation of bankruptcy automatic stay). Here, the Chancery court had no subject matter jurisdiction over the property possession issue and thus any order issued by that court was void, a legal nullity. Therefore, the sheriff was enforcing a void (and fraudulent as well) court order.

Are you aware of these charges? From what the news reports say, this Judge (Margaret Mary McVeigh) has been refusing to respond. The Sheriff Berdnik also has not been talking and has directed the matter to you.

Perhaps you can shed a light into this situation. Any responses to the subject of illegal or void judgments of possession issued by the Chancery Judge McVeigh without any hearing?

I am attaching some of the news releases, FYI.

I look forward to your reply. This is a very serious matter, as you understand.

Sincerely,

Allison Brown
allisonbrown26@aol.com

/////////////////////-------------------------/////////////////////

Hon. Judge Margaret Mary McVeigh, P.J.Ch.

Superior Court of New Jersey

Paterson Courthouse

Annex, Room 250

65 Hamilton Street

Paterson, New Jersey 07505-2018

Phone: (973) 247-8168

FAX: (973) 247-8172

Hon. Mary C. Jacobson

Assignment Judge

Mercer County Courthouse

P.O. Box 8068 Trenton, NJ 08650-0068

609-571-4000

Dear Chancery Judge McVeigh and Assignment Judge Jacobson:

I believe that I have given you plenty of time to respond to the VERY SERIOUS CHARGES against you (see attached emails). As of now, you have failed to respond. As you know, when a person has a duty to respond and fails to do so, this silence can be used against that person as evidence of guilt.

All the news reports indicate that because of your recklessness, or incompetency, or even conspiracy, you injured thousands of property owners and that you forced people out of their properties by issuing fraudulent "judgments of possession" without having any subject matter jurisdiction and without performing any hearing or trial and without providing any notice. Even worse, when the shocked property occupant saw the eviction notices and asked for the 6-month stay written in the NJ statutes, you refused to do that and allowed the sheriff to forcefully throw these people onto the street. All that without you having a subject matter jurisdiction and without performing any hearing or fact finding or application of the law to the facts. You are also charged of violating a number of New Jersey Court Rules: see R. 4:6-7, Pressler & Verniero, Current N.J. Court Rules, comment 1 on R. 4:6-7 (2015); 1:13-4. Transfer of Actions, Rule 1:7-4(a). DISGRACEFUL, CORRUPT NEW JERSEY JUDICIARY.

THESE ARE SOME PRETTY SERIOUS, HORRIFIC AND TERRIFYING ACCUSATIONS AGAINST YOU.

How do you respond? The public and the victims await to hear from you. Please do not continue to bring disgrace to the honorable New Jersey Judiciary.

Sincerely,

Emma Rogers
emmarogers456@aol.com

////////////////-------------------------///////////////////////////---------------------///////

Office of the Passaic County Sheriff
William Maer
Media Information & OPRA Processing Unit
11 Sheriff's Plaza
Paterson, NJ 07502
bmaer@pcsheriff.org
973-389-5900

Dear Sheriff Berdnik/Mr. Maer:

There are some news reports that the Chancery Judge Margaret McVeigh has been issuing judgments of possession without having subject matter jurisdiction and without performing any hearings. The news reports state that the Passaic County Sheriff has been executing orders issued by this judge (Margaret Mary McVeigh), although she had no subject matter jurisdiction over land possession. The land possession is adjudicated in the Law Division, Special Civil Part or regular Law Division.

As you know, at least 20 individuals and entities pleaded guilty to defrauding homeowners using tax foreclosure proceedings. One of the ways to do this was to fool this Judge McVeigh into drafting the "judgments" or "orders". For example, the accusations say that she apparently allowed the issuance of a "Final Judgment" where the following language was inserted by the convicted felon Robert Del Vecchio, American Tax Funding, and others:

“AND IT IS FURTHER ORDERED AND ADJUDGED that the plaintiff dully recover against the said defendant …possession of the premises… and that a Writ of Possession issue thereon”.

This Chancery Court judge had no jurisdiction over the subject matter of land possession. As of today, she has refused to respond as to why did she insert or allowed that language to be inserted into that "final judgment"?

Further accusations are that she never even held any hearing over the land possession issue. Margaret McVeigh just merely allowed that language to be inserted into the text, so that the convicted felon Robert Del Vecchio immediately seizes the property of the land possessor without any due process and in violation of several New Jersey statutes.

From what we understand, you (the Passaic County Sheriff) executed these obviously void and illegal judgments or orders despite the fact they were not issued by the Law Division.

In some cases, you forcibly removed the possessors of the land or tenants and that you did cause damages. You then filed charges against homeowners who would refuse to leave their properties by refusing to obey void judgments or orders from a court that has no subject matter jurisdiction or personal jurisdiction.

How do you respond to such accusations or questions? Didn't you know that only the Law Division has subject matter jurisdiction over property possession? Did you know that land possession judgments/orders issued by a Chancery Court are void and have no legal effect? Did you know that you may be held liable for damages based on the Forceful Entry and Detainer statutes?

I look forward to your reply.

Sincerely,

Emma Rogers
emmarogers456@aol.com

/////////////////////////---------------------------//////////////////////

Dear Judge Margaret McVeigh:

We have uncovered some new HORRIFIC AND TERRIFYING ACCUSATIONS AGAINST YOU. You apparently allowed the issuance of a "Final Judgment" where the following language was inserted by the Plaintiffs (convicted felon Robert Del Vecchio, American Tax Funding, and others):

“AND IT IS FURTHER ORDERED AND ADJUDGED that the plaintiff dully recover against the said defendant …possession of the premises… and that a Writ of Possession issue thereon”.

Of course you had no jurisdiction of the subject matter of land possession. Why did you insert or allowed that language to be inserted into that "final judgment"?

The HORRIFIC AND TERRIFYING ACCUSATIONS AGAINST YOU is that you never even held any hearing over the land possession issue. You just merely allowed that language to be inserted into the text, so that the convicted felon Robert Del Vecchio immediately seizes the property of the land possessor without any due process and in violation of several New Jersey statutes.

They did not follow the Wrongful Entry and Detainer Act and the Anti-Eviction Act, or the Summary Dispossess Act. As a result, they caused millions of dollars in damages by forcibly removing tenants or land possessors without due process.

FYI, subject matter jurisdiction can neither be conferred by agreement of the parties nor waived as a defense, and a court must dismiss the matter if it determines that it lacks subject matter jurisdiction. Macysyn v. Hensler, 329 N.J. Super. 476, 481 (App. Div. 2000) (indicating that such a motion can be made "at any time"); see also R. 4:6-7; Pressler & Verniero, Current N.J. Court Rules, comment 1 on R. 4:6-7 (2015).

How do you respond to these new charges against you?

Sincerely,

Mary Brown

Crime Investigator

//---------------------///////////////-----------------

ISSUANCE OF JUDGMENTS OF POSSESSION OR WRITS WITHOUT SUBJECT MATTER JURISDICTION

Dear Judge Margaret McVeigh:

There are numerous reports in the media that you have been issuing judgments of possession or facilitating the issuance of same, although you have no subject matter jurisdiction over land possession issues. The Law Division has exclusive jurisdiction over land possession judgments and issuance of writs or warrants - the Chancery Court has no jurisdiction over land possession issues, yet you have been issuing judgments of possession and associated orders. You know of course that such judgments are void ab initio, a legal nullity.

Apparently, you have caused significant financial and other damage to residents of this state as a result of your allegedly reckless or even criminal acts.

There are a lot of people accusing you of corruption and even conspiracy to intentionally damage homeowners and business owners through your reckless acts to ensure tax collection. How do you plea? Many people are calling for your arrest and resignation. See for example this post:

MEET THE CORRUPT AND/OR INCOMPETENT CHANCERY JUDGE MARGARET MCVEIGH. SHE CONSPIRED WITH OR WAS MISLEAD BY ROBERT DEL VECCHIO, AMERICAN TAX FUNDING AND OTHER CONVICTED FELONS TO SIGN OFF ON JUDGMENTS OF POSSESSION WITHOUT HAVING SUBJECT MATTER JURISDICTION OVER LAND POSSESSION ISSUES.
http://metroforensics.blogspot.com/2016/03/the-corrupt-andor-incompetent-chancery.html

Do you have anything to say to these serious charges?

Did you issue or facilitated the issuance of judgments of possession or writs or warrants of possession without having subject matter jurisdiction? A simple YES or NO would suffice. The public and victims need to know.

Thank you in advance for your cooperation with this inquiry. We want to make sure that unfounded allegations are not released into the media.

Sincerely,

Mary Brown
Crime Investigator

NOTE: As of today's date (3-7-2016), this judge has not responded to the accusations above.

//------------------------///////////////////////--------------------

Office of the Passaic County Sheriff
William Maer
Media Information & OPRA Processing Unit
11 Sheriff's Plaza
Paterson, NJ 07502
bmaer@pcsheriff.org
973-389-5900

Dear Sheriff Berdnik/Mr. Maer:

“AND IT IS FURTHER ORDERED AND ADJUDGED that the plaintiff dully recover against the said defendant …possession of the premises… and that a Writ of Possession issue thereon”.

From what we understand, you (the Passaic County Sheriff) executed these obviously void and illegal judgments or orders despite the fact they were not issued by the Law Division.

I look forward to your reply.

Sincerely,

Emma Rogers
emmarogers456@aol.com

---------------------------------------------------------------------
RONALD A. LUCAS USE OF PERJURED TESTIMONY AND FALSE, FABRICATED OR FRAUDULENT EVIDENCE TO MISLEAD THE GRAND JURORS AND HELP INDICT AN INNOCENT HOMEOWNER

Sheriff’s Officers Ronald A. Lucas and Victor D’Agostino both lied before the grand jury, i.e., they committed perjury, a criminal offense. We are asking this Court or the Attorney General to charge these individuals with perjury after we prove their lies and fabrications in an evidentiary hearing.

Between their investigation reports and the grand jury testimony, Lucas and D’Agostino have presented at least seven (7) different scenarios of what happened during the morning of June 28, 2011. That is, seven (7) different scenarios they present on their own words (either written or spoken), without even being cross examined by the defense. Can this Court imagine what will happen if Dr. Stephanatos or his defense counsel is allowed to cross-examine these lying individuals? We can guarantee to this Court that there will be some very significant Perry Mason moments and we are asking that we are allowed to cross-examine them; the right to confront the accusers is a fundamental right guaranteed by the Sixth Amendment to the Federal and New Jersey Constitution. The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." Generally, the right is to have a face-to-face confrontation with witnesses who are offering testimonial evidence against the accused in the form of cross-examination during a trial. The Fourteenth Amendment makes the right to confrontation applicable to the states and not just the federal government.

General overview of Dr. Stephanatos’ former dwelling that was seized by the conspirators. Photo taken from the front of the property, two weeks prior to the tragic incidents of June 28, 2011. Note the philodendron subincisum planter at the front of the porch area. Lucas went behind the philodendron subincisum planter and placed his face at the side window so that he can see inside the home. This is a criminal activity prohibited under 2C:18-3. Unlicensed entry of structures; defiant trespasser; peering into dwelling places and in violation of the Fourth Amendment to the U.S. Constitution and N.J. Const. (1947), Art. I, Par. 7. Lucas then went behind the rhododendron bushes where he claimed that he fell and injured his shoulder. These facts, including the location of Lucas, prove beyond any doubt that Lucas was illegally peering and searching inside a dwelling without having a Warrant for Removal (see N.J.S.A. 2A:39-1 Unlawful entry prohibited). He then later claimed that he was just coming up the steps and he was assaulted at about 8:50 am, despite the fact that electronic records obtained from Dr. Stephanatos business computer showed that he was sending emails to his business clients as of 8:55 am and earlier. Lucas also claimed that a Pelican scientific case used by vendors of Dr. Stephanatos’ business was a metal ammunition box, a fraudulent assertion that has been refuted before Judge Filko by Prosecutor Peter Robby. Lucas also claimed that he saw a “shotgun”, but no “shotgun” was ever found.

Lucas Lie #1

Specifically, both officers lied when they testified that the defendant had his front door open and his storm door shut and that they were able to see the defendant pointing a gun at them through the glass storm door. (Lucas testified to this at GJT10-24 to 11-12; Da7; D’Agostino testified to this at GJT16-1 to 17; Da10).

It is the defendant’s contention that he had the front door (and all other doors) closed and locked with a deadbolt. He had placed a business sign in the front door (see image below) so that the Sheriff’s Officers would see that there was a tenant on the premises and that they could not proceed with the illegal removal without a Warrant for Removal obtained from a Law Division Judge in compliance with the Unlawful Entry and Detainer Laws of this state. See N.J.S.A. 2A:39-1 Unlawful entry prohibited. Had defendant left the door open, they would not have been able to see the business sign.

It makes no sense that I would keep the front door open for the sheriff to come in, when in fact I did not want anybody to come inside my home while the appeals were pending in the appellate courts and there was a lawsuit in the Law Division to vacate the tax deed. These two deputies are obviously lying to cover their criminal activities. Having a JD Degree, I knew that if a leave a door open, I am actually inviting the sheriff to enter my home; the same result is if I answer the door. That is why I did not answer the door (in fact, I very rarely if ever answer the front door). I would never do such a thing.

Furthermore, the sheriff post-incident reports all show that my back door was locked with deadbolt, my garage was locked with deadbolt, and my car was also locked. Who locks his car inside a locked garage, and who places deadbolts in garage? Well, a person like Dr. Stephanatos who knew the law and knew that he needed to prevent everybody from coming inside his home, especially that day, until the Appellate Courts adjudicate the case. Dr. Stephanatos also knew that what Robert Del Vecchio and ATF were doing was illegal and that they took advantage of the sheriff and the lack of competence or heavy caseload of Chancery Judge McVeigh.

Lucas Lie #2

During the grand jury proceedings, Lucas also lied to the jurors when he said that he was only trying to serve process papers. This is an obvious fabrication, a terrible lie, as he also testified that several officers were dispatched during that day in two sheriff vehicles with the specific intend to forcefully remove Dr. Stephanatos without obtaining a Warrant for Removal from a Law Division Judge. The process papers he referred to had already been delivered to Dr. Stephanatos. How come several officers are now attempting to re-deliver the same papers? This makes no sense, as it is a lie, a perjury committed by Lucas.

View of the front door of Dr. Stephanatos’ dwelling at 687 Indian Road, Wayne, New Jersey. Photo taken from the front of the property, two months after the tragic incidents of June 28, 2011. Note the significant sun glare, making it impossible to see inside the home during the morning hours. The philodendron subincisum planter at the front of the porch area has been removed, as the conspirators emptied Dr. Stephanatos’ home from all his belongings. After nobody answered the door at 8:50-8:55 AM on June 28, 2011, and because of the sun glare, Lucas went behind the philodendron subincisum planter and placed his face at the side window so that he can see inside the home. This is a criminal activity prohibited under 2C:18-3. Unlicensed entry of structures; defiant trespasser; peering into dwelling places. It is also an illegal search prohibited by the Fourth Amendment to the U.S. Constitution and N.J. Const. (1947), Art. I, Par. 7. Lucas then went behind the yew and rhododendron bushes where he claimed that he fell and injured his shoulder. These facts prove beyond any doubt that Lucas was illegally peering and searching inside a dwelling without having a Warrant for Removal (see N.J.S.A. 2A:39-1 Unlawful entry prohibited). Lying Lucas then later claimed that he was just coming up the steps and he was assaulted. Lying Lucas also claimed that a Pelican scientific case used by vendors of Dr. Stephanatos’ business was a bomb; when no bomb was found he claimed that he thought it was a “metal ammunition box”, a fraudulent assertion that has been refuted before Judge Filko by Prosecutor Peter Roby. Lying Lucas also claimed that he saw a “shotgun”. This is what was reported to the other officers and to the media. The media published and televised reports show that Lying Lucas claimed that there was a “shotgun”. No “shotgun” was ever found (because it only exists in the imagination of Lying Lucas). Lucas then changed his story and after he saw the defendant’s lawful guns, he claimed that he saw a rifle, instead.

Lucas Lie #3

In addition, I have irrefutable evidence (email and phone logs) showing that I was either on the computer doing business work or calling the state officials right at the time that these sheriff’s deputies claim that they saw me through an open front door. For example, Lucas testified that he arrived at the property at 8:50 am. There is an electronic record provided in the Appendix to Motion to Change Venue that shows that Dr. Stephanatos sent an e-mail to one of his clients at 8:55 am. This irrefutable evidence proves beyond any doubt, that Dr. Stephanatos was at his office computer at the back of the house (about 50-feet away from the front door) doing his normal daily business. Thus Dr. Stephanatos has an irrefutable alibi to refute the false statements of these two corrupt individuals who claim that at around 8:50 to 8:55 am they saw him pointing a gun at them as they were walking up the front porch steps.

Another reason that the front doors were both closed is the following: I have window-mounted air conditioning units. I would take the air conditioning units off the window around mid-September and I would install them around Memorial Day (end of May). When I install the air conditioning units, then I keep all the doors and the windows closed, so that I do not lose energy.

Yet another reason I always keep the doors closed is that my home office is located at the back of the dwelling and I cannot hear very well what is happening at the front of the home. Since the home is located in a rather isolated, wooded area of Wayne, it has been burglarized before. Thus, the lack of hearing and the fear of burglary had made me keep the doors locked at all times- all doors, in fact: back doors, front doors, and garage doors. Besides, I very rarely used the front doors, as the garage entrance is located closer to the back door entrance. So, I almost never used the front doors. That is another reason that Lucas and D’Agostino committed perjury when they said that I left the front door open. The computer electronic record was in the possession of the State before the grand jury proceedings; however, the corrupt prosecutor Walter Dewey refused to give it to the jury and of course refused to allow me to testify.

Lucas Lie #4

Dr. Stephanatos also requests this Court to take judicial notice of the fact that a box taken by the Passaic County employees from Dr. Stephanatos’ residence was a business instrument (a so-called Pelican case used for transporting sensitive business equipment) and not a “metal ammunition box” as the Passaic County employees have been misleading the grand jury and the courts and the public, damaging Dr. Stephanatos reputation. It is obvious that these two crooked individuals wanted to give the false impression to the grand jurors that Dr. Stephanatos had pre-planned an assault and he had stockpiled ammunition in a metal box. This was highly prejudicial fabrication by the corrupt Passaic County prosecutors. Of course, who would place a metal ammunition box at his front steps, leave the front door open for the sheriff to come inside his home to illegally remove him, and then go back 50 feet away from the door to his back office and start writing emails and doing business for his clients? Nobody; certainly not Dr. Stephanatos who is a highly educated individual who holds BS/MS/PhD Degrees in engineering and a J.D. Degree as well and has served as expert engineer for many years. These are all lies and fabrications of Lucas and D’Agostino and the Passaic County corrupt prosecutors.

Of course we now know that these were fraudulent and perjured statements by Lucas and D’Agostino. The State has admitted before Judge Filko, that the alleged “metal ammunition box” was a rental instrument contained inside a plastic protective case (called Pelican case) to be picked up by a vendor of Dr. Stephanatos’ business, Pine Environmental, Inc. the morning of June 28, 2011. The Passaic County prosecutor, Peter Roby, has already admitted in open court before Judge Filko that it was a rental instrument for Dr. Stephanatos’ business- however, the prosecutor during the grand jury proceedings said to the grand jurors that the two lying and corrupt Sheriff Officers (Lucas and D’Agostino) thought that the business instrument was “a metal ammunition box”, giving the impression to the grand jurors that I was prepared for a battle and I had a metal ammunition box at my front porch. (Of course these are insane assertions by these two crooked deputies, as this was a plastic box and not a metal box and only an insane moron or a crooked “officer of the law” would mistake it for a metal ammunition box - please see the sample images below to see the significant differences between an ammunition box and a Pelican case). In fact, in November 2011, when Dr. Stephanatos was allowed to get back his seized business computers, he was told by the sheriff employee doing the paperwork that the sheriff did not know what the Pelican case was. Imagine, if these two crooks lied about the Pelican case, what else have they lied about? – Well, they pretty much lied just about everything. We demand a full investigation into their corrupt and perjured testimony, as these two liars have caused the events of June 28, 2011 through their incompetence and lying and fabrications and perjured testimonies and false reports.

Typical metal and plastic ammunition boxes. Note the significant difference between these boxes and the Pelican case shown below.

This image shows a typical Pelican case used to ship scientific instruments similar to the one seized from Dr. Stephanatos’ front porch. The State has already admitted on the record in open court before Judge Filko that the Pelican case had been placed at the porch to be picked up by the vendor, Pines Environmental, Inc. on the morning of June 28, 2011. The State lied to the grand jurors and told them that they believed it was a bomb or a metal ammunition box and that is one of the reasons they believed they were facing a dangerous person in Dr. Stephanatos. What a bunch of liers and losers.

Of course later, in November 2011 before Judge Filko, Mr. Peter Roby, a Passaic County prosecutor, admitted that the business instrument was not an ammunition box and he did confirm that he talked to Pine Environmental, Inc and did confirm to him that their employee (the Pine Environmental driver) was due to come and pick up the instrument that morning from Dr. Stephanatos’ front porch (this is where I would typically place the various rental instruments for pickup and delivery). Again, none of these facts made it to the grand jury, in a clear attempt by Peter Roby and his associates (such as Water Dewey who made the presentation to the grand jury) to mislead and lie to the grand jury so that the jurors believe that somehow Dr. Stephanatos left an illegal or dangerous device at his front porch. What a bunch of liars these prosecutors and sheriff deputies are. The indictment must be dismissed with prejudice, based on these lies and fabrications and omissions of crucial facts by the State and Passaic County employees so that they mislead and prejudice the grand jury against Dr. Stephanatos. In fact Dr. Stephanatos’ lawyer, Mr. Carl Herman, had met and also sent a confirmatory letter to the Passaic County prosecutors (see Exhibit B for a copy of the letter send to the State) to allow me to testify during the proceedings regarding the events of June 28, 2011. However, the Passaic County prosecutors refused to allow me to testify and present clearly exculpatory evidence for elements of all the charges. Thus the State fed the grand jury with lies and fabrications and half “truths”, against the grand jury New Jersey law. Essentially the State impermissibly and prejudicially interfered with the grand jury’s investigative function.

Lucas Lie #5

Lucas and D’Agostino also claimed that they did not ring the door bell and that instead, they saw a man waiting for them with a gun. This is also a fabrication, a lie, as Lucas rang the doorbell at about 8:52 am (or between 8:50 am and 8:55 am). The sheriff investigation reports show that other sheriff employees wrote that “somebody answered the door”. These statements corroborate Dr. Stephanatos’ recollection that Lucas rang the doorbell. When Dr. Stephanatos did not answer the door (I would never answer the door, and certainly I would not answer it that day), he bypassed the two big planters and went towards the edge of the porch and started peering inside the home, as the sun glare makes it impossible to see inside the home during the morning hours (it is a north/northeast facing home). That way he performed an illegal search in violation of the Fourth Amendment to the U.S. Constitution and N.J. Const. (1947), Art. I, Par. 7.

Lucas Lie #6

After peering inside the dwelling, Lucas then jumped off or fell off the edge of the porch, proving that he was located at the side window peering inside. He does admit in his Investigation Report that he “jumped off the porch”. He could not simply follow the steps of the porch the same way D’Agostino did, because the planters blocked his exit from his location at the edge of the porch. The only way he could go was behind the bushes. This is crucial evidence, adding credibility to my scenario and proving yet again that Lucas lied to the grand jurors.

View of the rhododendron bushes located before Dr. Stephanatos’ dwelling. Photo taken four weeks prior to the tragic incidents of June 28, 2011. Note the philodendron subincisum planter at the front of the porch area (middle left in the above image). At about 8:55 AM on June 28, 2011, after nobody showed up at the front door, Lucas went behind the philodendron subincisum planter and placed his face at the side window of the front door so that he can see inside the home. This is a criminal activity prohibited under 2C:18-3. Unlicensed entry of structures; defiant trespasser; peering into dwelling places and an illegal search in violation of the Fourth Amendment to the U.S. Constitution and N.J. Const. (1947), Art. I, Par. 7. Lucas then went behind the rhododendron bushes where he claimed that he fell and injured his shoulder. These facts prove beyond any doubt that Lucas was illegally peering and searching inside a dwelling without having a Warrant for Removal (see N.J.S.A. 2A:39-1 Unlawful entry prohibited). He then later claimed that he was just coming up the front steps to deliver papers (and not to evict Dr. Stephanatos – what a bunch of hooey) and he was assaulted. He also claimed that a plastic Pelican scientific case used by vendors of Dr. Stephanatos’ business was a metal ammunition box, a fraudulent assertion that has been refuted before Judge Filko by Prosecutor Peter Roby.

Furthermore, it is not possible that these two individuals did not say anything to me, without announcing that they were sheriff officers or law enforcement officers and without me saying anything to them (as they have testified); they were both armed and prejudiced against me (based on the testimony by Lucas) and it makes no sense that they simply walked away; the only way this could have happened is if the doors were both locked (i.e., both the storm and the main wooden door) and they could not have any contact or communication with me at that time. These are the same type of people who shoot to kill citizens in their backs and then plant evidence and even shoot and kill kids who hold plastic guns. And they claim they simply walked away? Hard to believe. Because it is a total and complete fabrication.

Please note that Lucas and D’Agostino are partners. They drove in the same car during that day and they testified that they both walk towards the front steps at the same time. Thus, it makes not much sense that Lucas would go behind my front bushes (the yews and the rhododendrons), while D’Agostino would go towards his sheriff car. This scenario is only likely if Lucas was located in front of the side door window and at the very edge of it (this is where I saw him standing, having his face on the glass window and illegally peering inside the home). There was no reason for him to do so, if he was just delivering papers, as he testified. He could have left the papers in the mailbox or left them at the door step.

Very important: my bushes (yews/rhododendrons) were made of some very hard wood. It is very difficult to go behind them without being scratched. Lucas in fact stated to his partner and two other officers that he was scratched by the woods. This proves that Lucas was standing at the inaccessible to the public window and was peering inside Mr. Stephanatos’ residence – this is a criminal act under New Jersey law and an illegal act under federal law.

Furthermore, Lucas and D’Agostino testified/wrote that they split in two different directions. Lucas went towards the “woods” (he meant the bushes located before Dr. Stephanatos’ residence), while D’Agostino went towards the sheriff cars parked at the top of the driveway. This can only happen if Lucas was standing at the edge of the porch at the side door window and from there he went behind the bushes (the “woods”) located in the front of the home. That was the only route he had available, because the two planters were in his way and he could not go back towards the door easily. This proves my allegation that Lucas was standing at the very edge of the porch and by the side door window, peering inside the home. D’Agostino was standing in the walkway, and from there he walked towards the sheriff cars at the top of the driveway.

If both of them were standing in front of the door, there is no reason for them to take different routes. All these facts provide irrefutable proof that these two crooked “officers of the law” have committed perjury.

AND NOW THE BOMBSHELL OF THE CENTURY

All the above lies and fabrications and inconsistencies make one wonder: how is it possible these sheriff employees made so many mistakes in recollection the evidence? Well, the answer to this question is that Ron Lucas was not the person peering through the side window of Dr. Stephanatos. It was another young sheriff employee who switched places with Ron Lucas because Lucas was the only sworn law enforcement officer. Lucas however, cannot get his story straight and has mady so many errors and there are numerous inconsistencies in his story and between what he wrote in his report and between what D’Agostino wrote and said.

Lucas was not the person illegally peering through Defendant’s side window, as the Defendant has recently obtained a photo of Lucas and he is not the person that he saw having stuck his face onto the side window; Defendant remembers a young person peering through his side window; that person had full set of hair and no facial hair, while Lucas is in his 50s and has facial hair and he is very-very bold. The young sheriff employee was in his late 20s to early 30s and had full set of hair and also had very sharp eyes illegally searching inside the residence as the Defendant did not answer the door at 8:50 am. Defendant hereby requests a list of the names of all Sheriff employees who were originally dispatched at the 687 Indian Road property at 8:50 am. This is obviously a bomb-shell, as it will expose the conspiracy among these Sheriff employees to frame the Defendant.

The lying corrupt thug, Ronad A. Lucas.

I am attaching the original charge filed by Lucas on 6/28/2011 under Section NJS 2C:17-2C. As you can see, he wrote the reason for the charge is “PLACING SLIVER[sic] METAL CONTAINER ON HIS FRONT STEPS CAUSING THE EVACUATION OF NEIGHBORS”. As you know by now, this was a BLACK PLASTIC SAFETY CONTAINER FOR MY BUSINESS INSTRUMENT placed there to be picked up by the vendor, Pines Environmental. Note that Lucas writes: “SLIVER [sic]” (he meant silver). However, this was a black plastic instrument case. This is another clue telling me that Lucas was not there to eye-witness the instrument.

THIS IS VERY SERIOUS ALLEGATION AND THIS COURT MUST PERFORM AN URGENT INVESTIGATION.

The Seven Shades of Lucas

These corrupt liars cannot get their story straight – can this Court imagine what will happen when we cross-examine them? According to the old maxim, “False in one – false in all”, we respectfully submit that Ronald Lucas and Victor D’Agostino cannot be trusted, they lied and fabricated their stories to serve the people who hired them, i.e., the conspirators Robert Del Vecchio, American Tax Funding, et al. If they lied in one or several parts of their story, then the entire deposition must be dismissed.

It is important to note that Lucas has changed his story a number of times: at one time he claims that he was walking the front stairs and he saw a man standing there and pointing a gun; at another version he claims that he was standing at the open door and that he then saw a person coming towards him; at a third time he claims that there was an altercation; at a forth scenario, he claims that Dr. Stephanatos never said anything to him (i.e., that there was no altercation); at a fifth scenario, he wrote in his report that he “jumped of the porch” (meaning that he was already on the porch and not just coming up the stairs); at a sixth version he claims that he never rang the doorbell; at a seven scenario, he stated to his colleagues that he rang the doorbell (this is confirmed by the statement of other officers who wrote that Lucas told them that Dr. Stephanatos answered the door); at another version, he claims that Dr. Stephanatos was barricaded, yet he also claimed that Dr. Stephanatos had his front door wide open; at another version he claims that he saw a “shotgun” pointed at him (this was also published in the news media and reported in some sheriff employee reports, but no “shotgun was ever found because it was a fabrication by Lucas the Lier) but then he changed his story (after he had a chance to illegally enter my home) and now he claims that he saw a single-shot Ruger hunting rifle; in another version he claims that he saw a bomb at the porch, only to change his story and claim that he saw a “metal ammunition box” – the State has already admitted that none of these fabrications were true and that it was a Pelican case used in Dr. Stephanatos’ business that was about to be picked up by the owner of the case, Pine Environmental, Inc.. However, the State never made these findings aware to the grand jury.

All these versions have been presented by Lucas, without having been cross examined by the defense, without placing a time table to his story elements and without cross-referencing the story given by D’Agostino in his testimony and his Investigation Report and corroboration with the investigation reports of others. Can this Court imagine the Perry Mason moments, when we will cross-examine these liars?

The Fabrications and Intentional Omissions of Walter Dewey

The prosecutor, Walter Dewey, also mislead the jurors and fabricated “facts” by eliciting false testimony from Officer D’Agostino regarding the pointing of a gun out of a “window”. The officers had indicated that they saw me standing behind a glass storm door and that I never opened the door. No “window” was ever mentioned by the two individuals, as no window exists in the front porch of the dwelling.

(I denied that I was standing behind the storm door: I have stated many times that I was in my office doing my business, I have the computer records to prove it, those records were submitted to the prosecutors, and I kept the doors of the home locked with a deadbolt).

But the prosecutor asked D’Agostino if I was pointing a gun “out the window”. Then D’Agostino said “yes”. This Court should note that there is no window in the front porch- that was another misleading and prejudicial question by the corrupt Passaic County prosecutor. The prosecutors obviously wanted to mislead and lie to the grand jury by stating that the defendant was pointing a weapon outside a window, something that the two sheriff employees never wrote in their reports, as no window was involved. In fact, Lucas never testified or wrote that the defendant was pointing a weapon outside a window. The corrupt prosecutor Walter Dewey elicited this statement from D’Agostino only. Certainly this is a fraudulent and misleading question/statement that will most certainly damage the State’s “case” (the State never had any case, they just made this up as they were going along; we now know that no “shotgun” was ever found, and no “metal ammunition box was ever found”, and no “bomb” was ever found. So these corrupt liars made up a story to tell the grand jury and the public to justify their wrongful actions.)

As the defendant has stated before, both the wooden door and the storm door were closed; the defendant locked the main door with a deadbolt, as always does, because he lived in a remote and wooded area of Wayne and he was always afraid for his security. Since he has a legal background (he was studying for the final exams of the final year of law school during that week), he knew that if he left the door open (or any window), then he would have been consenting to an entry inside the home by the Passaic County employees. There is no way on earth that he would leave the door open and the computer records show that he was in his office doing his business and sending emails- none of that information was allowed by the corrupt prosecutors to be submitted to the grand jury.

Here is another example of the fraudulent tactics of the Passaic County prosecutor to lie and mislead the grand jury:

Count 4 charges that the defendant “did recklessly create a risk of widespread injury or damage by purposely or knowingly barricading himself into 687 Indian Road . . . while armed with a deadly weapon, contrary to the provisions of N.J.S. 2C:17-2c.” (Da4; emphasis supplied).

N.J.S.A. 2C:17-2c provides, in pertinent part:

A person who recklessly creates a risk of widespread injury or damage commits a crime of the fourth degree, even if no such injury or damage occurs.

N.J.S.A. 2C:17-2e provides: “For purposes of this section, widespread injury or damage means serious bodily injury to five or more people or damage to five or more habitations or to a building which would normally have contained 25 or more persons at the time of the offense.”

It is important to note here that the defendant’s home is in an isolated area of Wayne, New Jersey. There are no homes neighboring to the north. There is only one home neighboring to the east (about 50 feet away) where there was only one woman present and another to the west (about 100 feet away) where the owners were at work. Thus, this charge is also fraudulent, as less than five people and less than five habitations were within 100 feet from defendant’s home. Another example of the prosecutorial misconduct faced by the defendant.

This obviously corrupt prosecutor also refused to allow Dr. Stephanatos to testify to the grand jury to present facts about the defense. He refused to do so and presented numerous lies and fabrications and refused to provide clearly exculpatory evidence. What a corrupt thug right there in Passaic County. Only god knows how many people he has wrongfully convicted.

A JUDGMENT RENDERED WITHOUT PROPER SUBJECT MATTER JURISDICTION IS VOID. SUBJECT MATTER JURISDICTION CANNOT BE WAIVED BY THE PARTIES OR OTHERWISE AVOIDED

JURISDICTION OF THE NEW JERSEY COURTS

To further prove that a Chancery Court has no subject matter jurisdiction over land possession issues, here is the jurisdiction of the New Jersey courts, as is provided at http://www.judiciary.state.nj.us/civil/. As you can see, the Chancery Court has no Jurisdiction over property possession issues. On the other hand, the Law Division handles either the Landlord-Tenant issues(to summary dispossession actions) or actions for possession of real estate (unlawful detainer/writ of possession). This is very critical information, as you can imagine.

Superior Court, Law Division, Special Civil Part

The Special Civil Part handles claims for monetary damages of $15,000 or less (unless the overage is waived) and unlawful detainer actions. Case types typically filed in the Special Civil Part are damage claims arising from contract, consumer debt, auto negligence property damage, and statutory penalty enforcement, and non-monetary matters such as writs of replevins and actions for possession of real estate (unlawful detainer/writ of possession). Judges without a jury typically adjudicate Special Civil Part cases. There are approximately 406,000 cases filed in the Special Civil Part each year.

The Special Civil Part, Small Claims Section handles cases in which the demand is $3,000 or less and actions for the return of all or part of a security deposit when the amount does not exceed $5000. Annually, approximately 35,000 cases are filed with the Small Claims section.

The Special Civil Part, Landlord - Tenant Section has limited, special jurisdiction. It is limited to summary dispossession actions in which the dispute arise out of a landlord - tenant relationship. The only relief available is whether possession is returned to the landlord with the tenant’s summary removal from the property. Annually, approximately 170,000 cases are filed with the Landlord-Tenant section.

For more information on Special Civil Part click here.

Superior Court, Chancery Division, General Equity

Chancery Division, General Equity handle claims for non-monetary relief, such as restrictive covenant enforcement, labor injunctions, foreclosures, and corporation or partnership governance disputes. A judge without a jury tries General Equity cases. There are approximately 8,900 cases filed in General Equity each year.

http://www.judiciary.state.nj.us/civil/

The above prove beyond any doubt that the Chancery Judge had no jurisdiction over the possession issue and any orders issued by a court devoid of subject matter jurisdiction are void and cannot be enforced. The worst part here is that this “adjudged” possession judgment was never adjudicated, as there was never a hearing or trial ever took place. The convicted conspirators simply wrote that language into a “final judgment” issued in May 2011 and gave it to a Chancery judge in another county, Mercer County, to sign it. Then they obtained an ex-parte Writ of Possession from a Clerk of Mercer County (note that the subject property was located in Passaic County, and the Mercer County Clerk had no jurisdiction over the Defendant’s property located in Passaic County).

As defined by our Supreme Court in James v. Francesco, 61 N.J. 480, 485 (1972), "a judgment is void if there has been a failure to comply with a requirement which is a condition precedent to the exercise of jurisdiction by the court." A void judgment is one rendered by a court lacking jurisdiction with regard to the party against whom it is rendered or lacking jurisdiction of the subject matter of the action, Restatement, Judgments (2d) Section 1 pp 30-33 (1982), and it may be set aside without the need of showing a meritorious defense. See Jameson v. Great Atlantic, 363 N.J. Super. 419, 425 (App. Div. 2003). New Century Financial Services, Inc. v. Suk Cha Carrero, Appellate Division, Superior Court, February 2007, Docket No. A-3926-05T23926-05T2.

Thus, the “final judgment cited by the State was void, not voidable. It had no legal effect whatsoever. Thus, any Writ issued pursuant to such void judgment was also void, of no legal effect.

HOW THE CONSPIRATORS MANAGED TO FOOL (OR CONSPIRED WITH) THE COURTS

Despite the luck of any fact finding by Judge McVeigh (Judge McVeigh never conducted a bench trial to determine the facts consistent with Rule 1:7-4(a)), on May 13, 2011, the Mercer County Honorable Mary C. Jacobson, P.J.Ch., entered a “final judgment” against defendant in favor of American Tax Funding, LLC (“ATFH”). (Final Judgment annexed at Da44-46) upon the presentation to that court of a form that had been prepared by the conspirator Robert Del Vecchio. That form includes language “AND IT IS FURTHER ORDERED AND ADJUDGED that the plaintiff dully recover against the said defendant …possession of the premises… and that a Writ of Possession issue thereon”. Contrary to what the conspirators wrote in this form and presented to a Mercer County Court for signing, there was never an adjudication of the possession of the premises. There is no judicial record that the State can provide that indicates that such possession litigation ever took place. As was stated in the previous section, the Chancery Court had no subject matter jurisdiction over the property possession issue and it could not have been adjudicated by that court. This fact alone provides clear and convincing evidence of a conspiracy between McVeigh and the convicted criminals (Robert Del Vecchio, ATF, and others) to defraud the Defendant of his property and business.

Basically the conspirators presented to the Mercer County court a form that has adjudicated both the ownership issue and the possession issue. The conspirators managed to fool the Mercer County court clerk by providing this fraudulently prepared form that states that the possession issue has been adjudged by the Passaic County Chancery Court. Basically, the conspirators took advantage of the dysfunctional legal system of New Jersey where one court does the fact finding and another court signs the orders (and in this instant case, Judge McVeigh of Passaic County Chancery Court, never held any fact finding and application of the facts to the law session in violation of Rule 1:7-4(a). The conspirator Robert Del Vecchio took full advantage of this confusion and managed to full the court system.

This final judgment also contains the language “This judgment shall not affect the rights of any person protected by the New Jersey Tenant Anti-Eviction Act (N.J.S.A, 2A:18-61.1 et seq.)” (Da45). The significance of this clause is discussed in the Motion to Change Venue brief and it is applicable here as Defendant’s businesses (Metropolitan Environmental Services and Metropolitan Environmental Services, PC) were tenants at that property and could not have been evicted without legal process. The Writ of Possession fraudulently obtained by the conspirator Robert Del Vecchio did not include Metropolitan Environmental Services. However, the Passaic County Sheriff did evict these business tenants without having a Writ of Removal or a Warrant for Removal. This is an undeniable fact and proves beyond any doubt that the sheriff employees did violate the Defendant’s possessory rights and caused massive economic and non-economic injuries in the process.

These practices by these convicted criminals have been criticized by the state of New Jersey and the Public Advocate Division. See for example the following excerpt from the “Toolkit for Tenants Living in Foreclosed Properties”, published by the Department of the Public Advocate, Trenton, NJ 08625, dated March 2010:

Courts and Sheriffs In addition to owners and those who work for them, the courts and sheriff officers sometimes mistakenly target protected tenants during the foreclosure process. The writs of execution and final foreclosure judgments are drafted by the attorneys for the lenders. The attorneys sometimes use language in court papers that cause problems because it seems to cover tenants (for example, “and any and all persons occupying said premises”). Other times attorneys specifically name tenants and certify (swear to the court) that those tenants are not covered by the Anti-Eviction Act. This is especially problematic because tenants often do not have the opportunity to demonstrate that they are in fact legitimate tenants until after the removal has already been ordered by the court and scheduled by the sheriff. If a court order specifically names a tenant to be removed, the sheriff must evict that person. Sometimes, however, sheriffs read the language in the order and believe that they must evict everyone. Also, some notices that sheriffs create and post on property include language, such as “occupants” instead of “owners,” that appears to include tenants. The Attorney General distributed a memo to sheriffs regarding the rights of tenants living in foreclosed properties.

Thus, the judges and the sheriff knew of the practices of Del Vecchio and ATF; yet, the sheriff employees acted as agents for Del Vecchio and intentionally violated Dr. Stephanatos’ possessory rights, including a host of other offenses. Dr. Stephanatos had informed the two judges and the sheriff of these practices by Del Vecchio and ATF and had alerted the authorities (the sheriff, the governor, the local senator O’Toole, etc.) that these individuals are breaking a host of state and federal laws. Dr. Stephanatos also filed appeals and suits to vacate the tax deed.

Dr. Stephanatos also had significant possessory interest, including the filing of a Suit to Vacate the Tax Deed, the filing of two appeals, the possession of a business in the premises, and the right to buy back the rights to the property. See N.J.S.A. 54:5-104.100. This state law is consistent with the legislative findings in N.J.S.A. 2A:18-61.1a. See also Royal Tax Lien Services, LLC v Morodan, Appellate Division, Docket No. A-1211-14T3, July 20, 2015 wherein the court stated:

On the other hand, the tax sale laws and our court rules are designed to allow owners to redeem their properties where possible, and to receive relief from inequitable judgments. The analysis found in I.E. clearly favors defendants, and although not binding upon us, it clearly and convincingly outlines the equitable weight that should be accorded to a defendant’s concerns in this scenario, the consequences of which are draconian.

The equities at stake can vary when the redemption value is disproportionately low relative to the owner's equity in the property. As the court stated in I.E.'s, LLC v. Simmons, 392 N.J. Super. 520, 536 (Law Div. 2006), the law results in a "harshness of the tax sale certificate proceedings in this State, where people with substantial equity in a property, for whatever reason, fail to pay property taxes and thereafter default in the tax sale certificate foreclosure proceedings."

In that case, the redemption amount was $22,837.50 and the property's value was $275,000. Ibid. That disparity is similar in magnitude to the disparity in this case. That opinion also stated:

Until the Legislature devises a better system, courts of equity must do their best to balance the equities, taking into account the necessity of allowing the transfer of clear title and the need to compel the payment of property taxes against the necessity of ameliorating, in appropriate circumstances, the onerous impact of the procedure in circumstances where the party has remained in possession of the property and has substantial equity in it.

[Id. at 537.]

This Court should also compare the law of the state of New York, where similar process must be followed, i.e., the issue of possession must be decided by a Law Division judge:

NEW YORK STATE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW(RPAPL)

ARTICLE 7

SUMMARY PROCEEDING TO RECOVER POSSESSION OF REAL PROPERTY

Sec. 713. GROUNDS WHERE NO LANDLORD-TENANT RELATIONSHIP EXISTS.

A special proceeding may be maintained under this article after a ten-day notice to quit has been served upon the respondent in the manner prescribed in section 735, upon the following grounds:

1. The property has been sold by virtue of an execution against him or a person under whom he claims and a title under the sale has been perfected.

2. He occupies or holds the property under an agreement with the owner to occupy and cultivate it upon shares or for a share of the crops and the time fixed in the agreement for his occupancy has expired.

3. He or the person to whom he has succeeded has intruded into or squatted upon the property without the permission of the person entitled to possession and the occupancy has continued without permission or permission has been revoked and notice of the revocation given to the person to be removed.

4. The property has been sold for unpaid taxes and a tax deed has been executed and delivered to the purchaser and he or any subsequent grantee, distributee or devisee claiming title through such purchaser has complied with all provisions of law precedent to the right to possession and the time of redemption by the former owner or occupant has expired.

5. The property has been sold in foreclosure and either the deed delivered pursuant to such sale, or a copy of such deed, certified as provided in the civil practice law and rules, has been exhibited to him.

Based on New Jersey and New York law, including the law of all other states, to remove a person in possession, the owner must occupy the premises himself (this was not the case here) or no rent was being paid or for breach of the peace. In other words, only after they met few exceptions (such as not paying rent, etc.) and through an Order from a Law Division Judge could have allowed these defendants to enter Dr. Stephanatos’ property and to remove him from his dwelling. They did not follow the Wrongful Entry and Detainer Act and the Anti-Eviction Act, or the Summary Dispossess Act and they willfully lied to the Mercer County Clerk in May 2011 that there were no tenants in the premises (see Exhibit B in Attachment 7 for the willful misrepresentation by Robert Del Vecchio that no tenants were present at the residence of Dr. Stephanatos and that Dr. Stephanatos had no possessory interests in his home).

The defendants also knew that the Wrongful or Unlawful Entry statutes protect Plaintiff’s right to remain in possession of his residence. Specifically, N.J.S.A. 2A:39-7 says that title shall not be an issue since Plaintiff was in continuous possession of his residence for 16 years.

N.J.S.A. 2A:39-7 Title not inquired into; defense of 3 years possession

Title shall not be an issue in any action commenced under this chapter. 3 years peaceable possession by the defendant shall be a defense to the action.

Defendants Del Vecchio and ATF failed to disclose these statutes to the sheriff that prevent the sheriff from evicting a person from a residential property without a Warrant for Removal. This way they managed to fool the sheriff to perform an unlawful search and unlawful entry and to forcefully remove Dr. Stephanatos from his lawfully-occupied residence on June 28, 2011. The New Jersey Law clearly says that these individuals can be charged with criminal trespass, pursuant to N.J.S.A. 2C:18-3, including many other criminal charges, such as Theft by Unlawful Taking, Robbery, Burglary, etc.

Dr. Stephanatos’ possessory interest in his home could not have been violated by the defendants without the very specific legal process of N.J.S.A. 2A:18-53 et seq.[1] However, the defendants willfully violated Dr. Stephanatos’ legal rights

It is very crucial for this Court to understand that the conspirators never instituted such land possession proceedings before any court of competent jurisdiction. It is mandatory that summary dispossess proceedings, civil action for the possession of land, or otherwise be held by the conspirators, in accordance with New Jersey law, but the conspirators intentionally did not do that. These convicted criminals simply drafted the document entitled “Final Judgment” and they gave it to a Judge in Mercer County (Judge Jacobson) to sign the two pages. This was part of the conspiratory scheme of these criminals, i.e., to file false certifications with the courts, to mislead the courts in signing judgements of possession without holding any hearing or any New Jersey law-mandated legal process. The State has not and cannot provide ANY legal proceedings to this Court where the Judgment of Possession was adjudicated. And certainly cannot provide any evidence regarding such proceedings against Metropolitan Environmental Services, a proper and legal tenant of the 687 Indian Road premises.

Importantly, the New Jersey law allows for extension of the eviction time, even in case where a valid Writ was issued. See N.J.S.A. 2A:42-10.6. Here, the Defendant called and wrote and pled with the conspirators and Judge McVeigh to stop the illegal onslaught and to stay the illegal eviction, but to no avail. Judge McVeigh sure should have known that no eviction hearings (Judgment of Possession) were ever held. She should have known that what the conspirators were doing was illegal; she could not have been that incompetent of a judge. Perhaps she is an incompetent judge, as she also failed to consider defendant’s full equity in his home (as is mandated by New Jersey case law (see Royal Tax Lien Services, LLC v Morodan, Appellate Division, Docket No. A-6030-12T1, July 3, 2014)) and she never conducted a bench trial to determine the facts consistent with Rule 1:7-4(a).

Judge Jacobson in Mercer County simply issued a judgment against defendant based on the statements of the conspirators Robert Del Vecchio and American Tax Funding (ATF). The entire panorama of circumstances indicate that defendant was denied due process. There are issues and defenses of entrapment, duress and improper government conduct.

It is the Defendant’s position that New Jersey’s Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.) and New Jersey’s Foreclosure Fairness Act (N.J.S.A. 2A:50-69 thru 72) were violated by the State’s and conspirators’ actions in this case as they evicted a legal tenant of the premises, Metropolitan Environmental Services. The fraudulently obtained Writ of Possession cited by the State, does not include Metropolitan Environmental Services and the Defendant had the right to defend his business from illegal eviction. Even more importantly, State Law requires a Warrant for eviction of a residential tenant.

[1] 2A:39-1 Unlawful entry prohibited. With regard to any real property occupied solely as a residence by the party in possession, such entry shall not be made in any manner without the consent of the party in possession unless the entry and detention is made pursuant to legal process as set out in N.J.S.2A:18-53 et seq., as amended and supplemented; P.L.1974, c.49 (C.2A:18-61.1 et al.), as amended and supplemented; P.L.1975, c.311 (C.2A:18-61.6 et al.), as amended and supplemented; P.L.1978, c.139 (C.2A:18-61.6 et al.), as amended and supplemented; the "Tenant Protection Act of 1992," P.L.1991, c.509 (C.2A:18-61.40 et al.); or N.J.S.2A:35-1 et seq. and "The Fair Eviction Notice Act," P.L.1974, c.47 (C.2A:42-10.15 et al.).

MEC&F Expert Engineers

Wednesday, March 2, 2016

RONALD A. LUCAS USED PERJURED TESTIMONY AND FALSE, FABRICATED OR FRAUDULENT EVIDENCE TO MISLEAD THE GRAND JURORS AND HELP INDICT AN INNOCENT HOMEOWNER