DEFAULT JUDGMENT

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

[“TRANSFERRED” FROM: SOUTHERN DISTRICT OF FLORIDA, WEST PALM BEACH DIVISION]

JENNIFER FRANKLIN PRESCOTT, DR. JORG BUSSE,

Plaintiffs,

versus Reassigned Case # 2:09-CV-00791-CEH-SPC

ROGER ALEJO; KENNETH M. WILKINSON; JACK N. PETERSON; ROGER DESJARLAIS; LEE COUNTY, FLORIDA; LEE COUNTY VALUE ADJUSTMENT BOARD; LORI L. RUTLAND; STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND; STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION; CHAD LACH; CHARLES “BARRY” STEVENS; REAGAN KATHLEEN RUSSELL; KAREN B. HAWES; ROGER DESJARLAIS; CHARLIE GREEN; BOB JANES; BRIAN BIGELOW; RAY JUDAH; TAMMY HALL; FRANK MANN; UNITED STATES ATTORNEY(S); SEAN P. FLYNN; E. KENNETH STEGEBY; DAVID P. RHODES; A. BRIAN ALBRITTON; CYNTHIA A. PIVACEK; JOHNSON ENGINEERING, INC.; STEVEN CARTA; MIKE SCOTT; HUGH D. HAYES; GERALD D. SIEBENS; STATE OF FLORIDA ATTORNEY GENERAL; WILLIAM M. MARTIN; PETERSON BERNARD; SKIP QUILLEN; TOM GILBERTSON, RYAN LENGERICH, NEWS PRESS,

NOTICE OF EXTRINSIC FRAUD ON COURT(S)

Defendants.

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MOTION FOR DEFAULT JUDGMENT(S) IN FAVOR OF PLAINTIFFS

BECAUSE “O.R. 569/875” WAS NOT ANY GENUINE ISSUE OF MATERIAL FACT,

OR INSTRUMENT, BUT ON ITS FACE A GOVERNMENTAL FRAUD SCHEME, AND

LEE COUNTY NEVER HAD ANY “CLAIM” NOR ANY CHANCE OF SUCCESS

NOTICE OF PUBLIC CORRUPTION & FRAUD RECORD EVIDENCE & EXHIBIT(S)

IN SUPPORT OF DEFAULT JUDGMENTS IN FAVOR OF PLAINTIFFS, AND OF

FRAUDULENT CONCEALMENT OF ‘LEE COUNTY’ FACIAL FORGERIES:

NON-EXISTENT ‘PARCELS’ ## ‘12-44-20-01-00000.00A0’ & ‘07-44-21-01-00001.0000’

1. The Plaintiff declared riparian/littoral Gulf-front “paper” street and subject Parcel # 12-44-20-01-00015.015A record Owners move for default judgment in their favor, and against all Defendants, because

a. Facial scam “O.R. 569/875” was not any “genuine issue of material fact”, but a hoax;

b. Lee County, FL, never had any “claim” and no “chance of any success”;

c. Florida’s Marketable Record Title Act self-enforced Plaintiffs’ unimpeachable record ownership and unencumbered title to their riparian “paper” street and subject Parcel “on the Gulf of Mexico” as conveyed in reference to the 1912 Plat of Survey of the facially riparian undedicated private residential Cayo Costa Subdivision, PB 3, PG 25

2. Plaintiffs’ unimpeachable, unencumbered, and perfected record title to their adjoining riparian street and subject Parcel was never, and could not have possibly been, any “genuine issue of material fact”, because “O.R. 569/875” never legally existed and was never legally recorded as apparent from its very face. No legislator ever signed, executed, and sealed anything, and “O.R. 569/875” was not any genuine instrument and without any legal effect whatsoever.

3. Defendants’ fabrication and false pretenses of ”frivolity” of the allegations and conclusive record proof of the facial illegality and criminality of “Lee County” scam “O.R. 569/875” evidenced the Governmental corruption at issue here.

4. These Cases have been an utter embarrassment for Defendant objectively corrupt and criminal Governments and Government Officials, which perpetrated said extrinsic fraud, extra-judicial fraud, and fraud on the Courts with an exceptional lack of intelligence and integrity. Under the separation-of-powers doctrine no legislator could have possibly involuntarily divested the Plaintiff declared riparian street and subject Parcel Owners of their Constitutionally protected riparian street lands and street easements on the Gulf of Mexico. Under public policy, the Governmental record crimes and stupidity under false pretenses of “frivolity” and a “resolution” can no longer be perpetuated. And in particular so, because the record evidence on the worldwide web has destructed the reputation of the Defendant Governments in these Cases of crimes and obstruction of justice and the law.

WHEREFORE, the declared Plaintiff riparian street record Owners respectfully demand

1. An Order relieving the Plaintiff unimpeachable record riparian street and subject Parcel Owners from said extrinsic fraud, fraud on the courts, and fraudulent pretenses of “Lee County” ownership of a non-existent and un-platted “park”, and facially forged and non-existent “parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”, which were never subdivided by original Subdivision Owner and Developer Alexander C. Roesch in 1912, PB 3, PG 25;
2. An Order vacating and relieving the Plaintiff record riparian street Owners from said “Order” [Doc. # 3], because on its face it serves the unlawful purpose of obstructing justice, deliberately depriving and defrauding the Plaintiff riparian street and subject Parcel Owners;
3. An Order, which intelligently reconciles said Federal Appellate Declaration of Plaintiffs’ riparian ownership with Doc. # 3 and Richard A. Lazzara’s “frivolity” extrinsic fraud scheme and fraud on the Court(s);
4. An Order, which intelligently considers said 11/07/2007 TRANSCRIPT OF FRAUDULENT PROCEEDINGS and Richard A. Lazzara’s “frivolity” extrinsic fraud scheme and fraud on the Court(s);
5. An Order vacating and relieving the Plaintiff record riparian street Owners from said “Order” [Doc. # 3], because on its face it serves the unlawful purpose of fraudulently concealing the publicly recorded corruption and case fixing in exchange for Defendants’ bribes;
6. An Order for compensatory damages against all Defendants;
7. An Order enjoining the Defendant Officials from said “Lee County” forgeries and fraud schemes and public governmental corruption;
8. An Order enjoining Defendant Cynthia A. Pivacek from any unlawful “attorney review” extrinsic fraud scheme, and obstruction of Plaintiffs’ Constitutional right to court access and to redress their grievances;
9. An Order declaring that, through the mere passage of time, Florida’s self-enforcing Marketable Record Title Act had automatically quieted Plaintiffs’ perfected and unencumbered record title to said admittedly riparian Gulf-front street and Parcel # 12-44-20-01-00015.015A, which touches and abuts the “Gulf of Mexico” pursuant to said 1912 record Subdivision Plat and the newly discovered evidence;
10. An Order enjoining Lee County, the State of Florida, and its Officials from maliciously misconstruing said referenced 1912 Subdivision Plat of Survey, PB 3, PG 25, and the natural record boundary and monument of the “Gulf of Mexico” and “Charlotte Harbor”;
11. An Order enjoining, in particular, fraudulent “Lee County” “land claim” and scam “O.R. 569/875”, which never legally existed and was never legally recorded;
12. An Order enjoining, in particular, forged and unplatted “Lee County” “parcel 12-44-20-01-00000.00A0”, which never legally existed and was never legally recorded;
13. An Order enjoining, in particular, forged and unplatted “Lee County” “parcel 07-44-21-01-00001.0000”, which never legally existed and was never legally recorded;
14. An Order enjoining said fraudulent “Lee County” land ownership “claims” in the prima facie absence of any Lee County title;
15. An Order enjoining any trespass onto said private undedicated residential Cayo Costa Subdivision, PB 3, PG 25 (1912), by Lee County, the State of Florida, its Officials, and the public;
16. An Order enjoining any trespass onto Plaintiffs’ private implied street and alley easements and onto Plaintiffs’ adjoining riparian street lands and private street easement “on the Gulf of Mexico” by Lee County, the State of Florida, its Officials, and the public;
17. An Order relieving the Plaintiff unimpeachable record riparian Gulf-front street Owners from said extrinsic fraud, fraud on the courts, and fraudulent pretenses of “Lee County” ownership of non-existent and un-platted “parcels 12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” pursuant to said referenced 1912 Plat, PB 3, PG 25;
18. An Order for punitive damages against all Defendants;
19. An Order for relief from the fraudulent Judgments in the related Cases and Appeals;
20. An Order for the impeachment of named party Defendant objectively partial and corrupt U.S. District Judge Richard A. Lazzara, who fraudulently concealed Plaintiffs’ unimpeachable riparian street Ownership as dispositively declared by the 11^th Circuit on 04/21/2009;
21. An Order for the impeachment of named party Defendant objectively partial and corrupt U.S. District Judge Richard A. Lazzara, who extended said crimes, and public governmental corruption, forgeries, and fraud schemes under fraudulent and false pretenses of “frivolity”;
22. An Order for the mandatory recusal of named party Defendant objectively corrupt and partial U.S. District Judges John E. Steele, Richard A. Lazzara, and Magistrates Mark Allan Pizzo, and Sheri Polster-Chappell, because they were under an absolute and affirmative self-enforcing recusal obligation under 28 U.S.C. § 455 and obstructed justice.

_________________________________

/S/JENNIFER FRANKLIN PRESCOTT

Crime and Public Corruption Victim; Plaintiff, pro se

P.O. BOX 845, Palm Beach, FL 33480; T: 561-400-3295

______________________________________

/S/JORG BUSSE, M.D., M.M., M.B.A., C.P.M.

Public Corruption and Crime Victim; Plaintiff, pro se

State Cert. Res.Appraiser, Licensed Real Estate Broker, Mortgage Broker, Appraisal Instructor;

Consulate General of the Federal Republic of Germany, C/o Legal & Consular Department

100 N. Biscayne Blvd., Suite # 2200, Miami, FL 33132;

T: 239-595-7074; E-mail at: http://VABLeeCounty.blogspot.com/ and/or JRBU@aol.com