Open Letter Complaint Against Judge Ritenour to Florida Bar
To: The Florida Bar – Department of Lawyer Regulation
From: Rev. Frank Paul Jones – President and CEO – The National Community Network
RE: Judge Anthony Ritenour & My Summary Judgment Request
Date: 21 July 2014
All supporting documents were included with complaint.
I filed a summary judgment on about 6 July 2014, on several grounds. I have a small claim court case that I suspect is an act of extortion that is being condoned by Honorable Judge Ritenour and the Highlands County Civil Court. What I am suggesting is a possible RICO Act violation. And the reason for this is there is no federal oversight in Highlands County, so they do as the please down here. But due to the rich real estate, things have to change and progress. Because land will be hard to find as the environment continues to deteriorate.
On my day in court 3 July 2014, I notice that most of the people who were supposed to come to court that day, received default judgments. Something that the Judge recognized as suspicious but chose to due business as usual, granting the credit collections there request for default judgments.
However, I notice I was served at the wrong address and my debt is assigned to someone else’s address. I never agreed to a phone witness being admit able, there is not record of this debt ever being transferred to these debt collectors from my creditors or what authority was established for the debt collector who claims to now be the new creditors. Thereby being a creditor, while acting as a third party collector of said debts, seems to be beyond the intend of the law establishing debt collectors. I think either the judge should know this and be deemed corrupt or be deemed incompetent.
What is going on will require someone to go to this court during these credit collector civil court proceedings and actually see what is going on here. But it doesn’t stop there, the whole County Court System here is corrupt and black people are systematically mistreated and jailed. However, my concern is why hasn’t my summary judgment been answered after over a month and a half. They didn’t even give me the dignity or respect to give me a discovery that I can prepare my defense. But tell me, you have to defend yourself and as paralegal by education, I can see through what is attempting to be done to me on 28 Aug 2014, my court date. A kangaroo court?
I might be getting a large settlement from the VA soon. Paying my debts isn’t the issue, but these are not my debts anymore and I never borrowed anything from Midland Funding and m y creditors forgave me and closed all account with zero balances. Yet Midland’s strategy is to also add on all these outrageous compounded interest rates, whereby the law state they cannot charge me more than the original debt, which is zero.
Their scheme in an nutshell: File a lawsuit in civil court based on debts that do not exist and make people either mediate without legal representation, thinking they owe these people, while the judge acts like they do or get a default judgment, so they can just take peoples money without them even knowing it is being taken from their account, causing all kinds of financial problems for people who already suffered enough. Double Jeopardy? My argument is Judge Ritenour is in on it. Because how can he not see what is being done and call himself a judge?
____________________________________________
Rev. Frank Paul Jones – aka Apostle Paul Castellano
In the County Court of tenth Judicial Circuit,
in AND for Highlands County Florida
Case No. 14-166 SPS
Midland Funding LLC
Plaintiff
vs.
Frank Jones
Defendant
Defendant Motion for Summary Judgment
AND Memorandum of law in support thereof
1: Introduction: I Frank Paul Jones who is competent and a resident of the State of Florida brings this motion of summary judgment against the pending claim that he owes Midland Funding LLC the amount of $4255.25. First of all, the Midland Funding does not plan to produce any witnesses
Case law interpretation of this rule held that, under
Florida Rule of Judicial Administration 2.530(d)(1), a trial court’s only has the discretion to allow testimony to be taken over the phone if all of the parties consent.
See Cole v. Cole, 86 So. 3d 1175 (Fla. 5th DCA 2012). If the judge allowed a party to testify by phone over the objection of another party, the trial court committed error.
See Cole, 86 So. 3d at 1176 (citing
S.A. v. Dep’t of Children and Family Servs., 961 So. 2d 1066, 1067 (Fla. 3d DCA 2007)). Your Honorable
Judge Anthony Ritenour, although many judges thought that they had some discretion to allow a party to testify by phone under the Rules of Judicial Administration, there was simply no such discretion.
See M.S. v. Dep’t of Children and Families, 6 So. 3d 102, 103 (Fla. 4th DCA 2009).
Secondly, under RULE 1.280 GENERAL PROVISIONS GOVERNING DISCOVERY, I requested a discovery by requesting that certain questions be answered at pretrial. They are all on record and a copy of them are in your possession. None of my questions were answered at pretrial to include my request to dismiss this case against me on the grounds of the 4 questions or issues raised. At pretrial, I gave the court and Midland Funding LLC, my information and concerns and therefore showed them my hand. The court accepted my information to then be forwarded it to Midland Funding LLC, but I never receive my discovery and therefore have no idea what to expect upon my trial date. This clearly puts me at a disadvantage. These are also grounds for dismissal. If my request for summary judgment is denied, I request that I receive the discovery for this case from Midland Funding immediately, so I can prepare for trial. And please for the record have them answer my pretrial questions, because it is important information pertaining to this case.
Thirdly, As I showed you all of my credit card accounts were closed, with a zero balances and one late payment recorded on each of them. Therefore this high debt amount of $4255.25 is above the original debt by far and a debt collector cannot charge more than the original debt. The interest they are claiming does not exist. I made this clear to the court and it went unanswered. The account in question is billed to Frank P Jones 2940 N. Buckingham Rd, Avon Park, Fl. 33825, which is also the address that as served until being redirected to the proper address. This is not my bill, because I never lived at that address or ever used it to receive mail.
Fourth, Being the accounts were closed by the original creditor, the second party being HSBC, no longer exist in this business transaction and therefore Midland Funding no longer qualifies as a third party. This is exactly what the law was designed to prevent under 2013 Florida Statues
559.55Definitions
(6)“Debt collector” means any person who uses any instrumentality of commerce within this state, whether initiated from within or outside this state, in any business the principal purpose of which is the collection of debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. The term “debt collector” includes any creditor who, in the process of collecting her or his own debts, uses any name other than her or his own which would indicate that a third person is collecting or attempting to collect such debts.
The exception to this rule would the that my debt be assigned to Midland Funding LLC. However under the . FLORIDA CONSUMER COLLECTION PRACTICES ACT “FCCPA,” Midland Funding was required to inform me of such assignment. 559.715 Assignment of consumer debts. The problem here is that I never received such notification from Midland Funding LLC. Midland Funding never properly established their ownership of said debt.
WHEREFORE, I the Rev. Frank Paul Jones of 917 S. AVE, Avon Park, Fl., prays that this court grant me the relief sought herein. (1) I request this case be dismissed without prejudice. I request that the court require that MidlandFunding LLC, be required to validate all alleged debts owed by to them. And if they cannot prove I owe these debt, I request that court require them to close all of these accounts and notify of their actions.
I HEREBY CERTIFY that a copy of the foregoing has been furnished by hand delivery to:
Name: ____________________________________________________________________
Date:______________
Name: Frank Paul Jones
___________________________________________________________
Signature:
917 South A Avenue
Avon Park, FL. 33825-4114
Telephone Home: 657-2896
Cell: 863-458-0396
STATE OF FLORIDA
COUNTY OF HIGHLANDS
Sworn to (or affirmed) and subscribed before me on 6 June 2014 by Frank Paul Jones.
___________________________________________________________________
DEPUTY CLERK
___________ Personally known
___________ Produced Florida StateDrivers License
DBAJesusChrist.org 