Responding To False Court Claims

COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT PROBATE AND FAMILY COURT DEPARTMENT HAMPDEN, SS. DOCKET NO.: HD21D0034DR ) DAVID J. AYERS, ) Plaintiff ) v. ) JESSICA L. AYERS, ) Defendant ) MOTION TO RECUSE JUDGE LAWRENCE ARMY FOR ANY MATTERS PERTAINING TO DAVID J. AYERS AND JESSICA L. AYERS HD21D0034DR Now comes the Plaintiff, **** J. ****, Pro-Se, and prays that this Honorable Court allow this Motion to Recuse the Honorable Judge Lawrence Army in the above-captioned matter in any current or future proceedings. The Plaintiff requests a Judicial Review of all actions, decisions and Orders previously made by Judge Army. The Plaintiff has experienced repeated acts of impartial and biased Judgements based on unsupported hearsay and false statements made by the defendant, suppression of actions requested of the Court, inconsistencies in the following of correct Judicial Procedure, knowingly false statements made by Judge Army in his rulings and Orders, suppression of information related to assumed crimes committed by Officers of the Court, limiting the Plaintiffs Right to a fair hearing XXX, restricting the plaintiff’s Right to Due Process. The Plaintiff, in support of this Motion, states as follows along with exhibits affixed to this Motion: Background Summary The Honorable Judge Dana Doyle presided over the above mentioned matter being the Divorce of **** J. ****, Husband, Father, Plaintiff and Defendant in Counterclaim, and Jessica L. ****, a.k.a Jessica L. Joubert, Wife, Mother, Defendant, and Plaintiff in Counterclaim in Docket #HD21D0034DR. Judge Doyle relocated outside of the Hampden County District after the Judgement of Divorce was issued on August *, *. The Honorable Judge Army was appointed to preside over all new matters pertaining to Docket# HD21D0034DR, **** J. **** V. Jessica L. ****. There have been several appearances before the Honorable Judge Army since his appointment. *. The Plaintiff, **** ****, has repeatedly been denied his Constitutional Rights to a fair hearing in accordance with Article * of the United Staes Constitution and in accordance with the Massachusetts Constitution Article XXIX. Several perceived or potential violations of The Rules of Judicial Conduct are incorporated into the actions that the Plaintiff, **** J. ****, has experienced with the Court where Judge Army has presided. Statements of Fact *. The Plaintiff’s Constitutional Rights to a Fair Hearing protected by Article * have been denied. a. As part of the support for this Motion is the fact that on July *, *, Judge Army issued an Order limiting the Plaintiff’s filing of Exhibits to be limited to * (five) pages stating that there is an undue burden upon the Court to ‘scan’ in such large files. Most of the plaintiffs filing with exhibits have been submitted via efile, so ‘scanning’ is not required by the Court staff. The addition of this limitation, along with the Plaintiff’s multiple denied efforts to submit evidence and exhibits during previous hearings presided over by both Judges, Judge Army and Judge Dana Doyle, throughout this matter, have infringed upon the Plaintiff’s Federal Constitutional Rights covered in the 14th Amendment and his State Constitutional Rights covered in Article XXIX of the Massachusetts Constitution. This Order restricts the Plaintiff’s ability to properly provide relevant evidence to the Court, while representing himself pro-se due to his financial inability to obtain counsel, unquestionably violates the plaintiff’s Right to a fair Hearing, Right to Face His Accuser, ability to be judged on facts and on not hearsay with no supporting evidence. The restriction on the plaintiff’s ability to provide proper exhibits of evidentiary value is suppressive and is perceived as being unfairly biased. Details of the plaintiffs exhibits that have not been accepted during hearings by Judge Army are explained in the attached AFFIDAVIT AS EXHIBIT ‘A’. b. The plaintiff, **** ****, has made several unsuccessful attempts to receive Discovery responses from the defendant, Jessica ****, in accordance with MA R.C.P. Rule * throughout these entire proceedings. The plaintiff has made good-faith requests for discovery responses from the defendant, Jessica ****, while Pro-Se, and through her previous counsel of Atty. Ann Dargie and Atty. Jennifer Thorn during their period of representation. The plaintiff, **** ****, has filed Motions to Compel Discovery with supporting exhibits, and all Motions to Compel have been Denied by both Judge Doyle and Judge Army. SEE FILING XXX c. The combination of the restriction of the plaintiff’s ability to submit exhibits as evidence in his filings, the repeated refusal of Judge Army to accept Exhibits during hearings, and the suppression of discovery requested of the defendant, is perceived as being unquestionably biased and Unconstitutional. d. e. was issued after the plaintiff had submitted two detailed filings including relevant exhibits to contradict false allegations (right to face my accuser), improper conduct by Attorneys currently involved, and or previously involved in matters related to case HD21D0034DR. i. EXAMPLES of these statements are available in Filing, ###, Plaintiff’s Opposition toXXXXX Exhibit XXX, DESCRIPTION. ii. Filing ###, Plaintiff’s Opposition and Counterclaim to Special Master’s Request of fees dated, JXXX, *, Exhibit ###. DESCRIPTION. Includes concerns of attempted extortion, a violation of the Hobbs Act, a request for investigation under MA XXXX, and compensation for his children, Alexander and Maxwell ****, and compensations for legal fees due the plaintiff’s previous counsel, Atty. Timothy Kotfila. iii. The plaintiff’s Opposition and Counterclaim were also not heard on July, *, *. The Plaintiff believes this is a violation of his Right to Due Process, and he was denied the right to proper remedies and excessive legal fees of XXXX covered under XXXXX. *. Matters Pertaining to the Special Master a. Request for Recusal b. Request for Compensation c. Opposition was not heard d. Counterclaim was not heard e. Mismanagement of Court Documents, and False statements made in the ruling on Contempt *. Matters related to the Child Support, requests for modification. a. Misleading the Judicial Process of Jess’ Original complaint for modification, the Counterclaim, rejecting the action without procedural accuracy or Motion before the Court which led to the filing of a *-* Motion accusing the Plaintiff of fraud upon the court. The defendant failed to follow the subpoena process outlined in MA RDCP Rule *, where gross and relevant omissions purposely made to the Court, knowingly false statements were made in the Motion, these false statements were clarified with the Plaintiff’s Exhibits yet were denied by Judge Doyle. Abuse of Discretion b. Not allowing the Plaintiff to respond to questions relating to his financial statement on October XXX, *, where the Plaintiff was not given the opportunity to respond, was not allowed to speak to or submit immediately available exhibits to clarify any variations or questions regarding his Financial Statement, ordered the Plaintiff to be immediately detained until $*,* was paid to the Defendant for past due child support. The Plaintiff had provided a contract of a recently acquired consulting agreement with a start date of September *, * with Net * Day Payment Terms along with a payment schedule showing that the first receipt was not going to be received until October *, *. The plaintiff pleaded with judge Army to allow him to immediately access the funds demanded that were available in his business checking account for his single member LLC, DJA Family Enterprises, LLC. The Plaintiff stated that these funds were owed on accounts payable (see Financial Statement Liability to Terpene Belt Farms) that was pending collections activity, but would be accessed in order to prevent any incarceration period and therefore place his newly acquired, and much needed, consulting contract at risk. As stated in several previous matters before the Court, a component of the Plaintiff’s LLC is a Licensed Industrial Hemp operation that currently has several banking restrictions due to Hemp still being considered a controlled substance by the DEA. The SAFE Banking Act is a Congressional initiative which has been in process for several years and is pending approval, so all current banking conveniences and applications such as Zelle, PayPal, and similar applications are not allowed. The plaintiff’s only way to access $*,* immediately was to execute a debit withdrawal or cash advance from the MGM Casino which is less than *,* feet from the Probate and Family Court. The Plaintiff even offered to pay for a Sherriff’s escort to the MGM Casino to access the funds. The Plaintiff was immediately detained, was not allowed to access the mandated funds, was held in a cell next to a convicted murderer, was transported to the Ludlow Penitentiary where he stayed from October XXXX through the next day while his sister, Kimberly **** and his Father, Richard ****, scrambled for their own personal funds to pay the Child Support Division, show proof of payment to Probate before the Plaintiff could be released (is this allowable under the procedures stated in M.G.L. * Section *? , is this a violation of my Right to Due Process?) The Plaintiff missed two full *-hour days of revenue at $*.* per hour (* hours x $*.*= $*.* in revenue), potentially jeopardized his opportunity for conversion to full-time employment by tainting his reputation and missing two days of work without notice. The plaintiff clearly stated in the related hearing that this new contract was an excellent opportunity and that there was some potential of the position turning into full-time employment upon termination of his contract mid-*. c. The Plaintiff is highly concerned that he is being unfairly punished by the Defendant, Jessica ****, and members of the Court for raising concerns of corruption. All of the efforts the Plaintiff, **** ****, to develop and grow a viable business have been sabotaged in these Court proceedings. The real estate component of a property gifted by his Uncle that started the business has been completely corrupted by actions within the Court, the agricultural component of his business has been significantly interfered with, and now the consulting revenue of his business was interfered with. The plaintiff has provided detailed exhibits of his extensive job search and search for opportunities conducted throughout much of * and has faced continuous harassment with excessive litigation while still endeavoring to do whatever he can to move forward by providing and defending a stable home for his children, Alexander and Maxwell ****. Meanwhile, the Defendant, Jessica ****, who is a Registered Nurse with ten (*) years of experience, and has two bachelors degrees, has refused to work or look for work since June of * and has since been receiving several government subsidies in a potentially fraudulent manner. *. Judging in favor of the Defendant on Knowingly False Testimony of the Defendant, supported by knowingly False Statements made by Judge Army a. Contempt Complaint of Special Master: i. Judge Army stated “I know all of the facts of this case”, yet proceeded to state knowingly false claims while charging the Plaintiff, **** ****, with Contempt of Court related to the Defendant’s Complaint for Contempt dated August XXX, * stating that **** **** had interfered with the Special Master Selling the * Hampden Rd. property. Judge Army clearly misstated that the previous Special Master, Atty. Alfred J. Albano, withdrew as Special Master because of “My Interference”. This is unquestionably false as provable by Docket Entry XXX where Atty. Albano clearly states that he withdrew as Special Master due to a change in the “original terms’ of his agreement. There is no record on the Docket pertaining to any modification to the terms of Atty. Albano’s appointment as Special Master. As the plaintiff stated in Open Court, the only known change related to Atty. Albano’s status or information is that his BBO registration no longer states Bacon Wilson P.C. This is a concerning combination of information and the Judgement. Atty. Albano clearly stated in the JUNE XXXX hearing on the Plaintiff’s Motion to Recuse Special Master Atty. Albano, that he has no affiliation with Bacon Wilson, and one of the terms of his retirement is that Bacon Wilson will continue to provide him with email, office support and continue to pay for his Bar Registration throughout retirement. ii. Plaintiff, **** ****’, Complaint for Contempt of Defendant, Jessica ****, violated the Judgement of Divorce by not allowing the Husband to claim Alexander **** on his 2023 year-end taxes, and by not being informed by March *, * that the Defendant did not receive a tax benefit by claiming Maxwell and that the Plaintiff, **** ****, should have been allowed to claim both children as dependents. Judge Army allowed the Defendant, Jessica ****, to submit knowingly false information in her testimony stating that she, “was referred to Boston Legal Services by the YMCA” who, according to her testimony under oath that she could “received a tax benefit through both the IRS and her State taxes because she was a single mother not receiving support”. *. Judge Army incorrectly Ruled against the plaintiff, **** ****, by quoting the Custody Order of Michael Basile and Jessica Joubert (a.k.a Jessica ****, the Defendant) dated November *, which is a completely separate matter, with different parties, under Docket# HD17XXXXXX. Judge Army immediately became argumentative and intimidating to the Plaintiff, who is pro se, when the plaintiff respectfully stated to Judge Army, “your Honor, respectfully, you are reading the wrong Order”. Either Judge Army selectively read the wrong order with intent to rule against the plaintiff, the Clerk and Court staff purposely provided the wrong Order for reference to Judge Army (where there has been a previous statement of potential conflict of interest between one of the Clerks and Jessica **** SEE RECORDING XXX), there is a degree of incompetence and an unintentional error, or it was an intentional act to further cause financial harm to the plaintiff by obstructing his ability to properly file his taxes and receive an expected Tax Return based on the $$$$$ witholdings from his temporary assignment in * with Danone/ Cross Resource Group. The plaintiff, due to several challenges experienced throughout this abusive and lengthy legal process, has begged for the means to obtain a professional accountant for his business and begin to financially recover from this divorce. SEE RULE * MEMORANDUM ENTRY# XXXXX, SEE FILING XXX (FINANCIAL STATEMENT MOTION). *. Judge Army was fully aware that the Defendant was making false claims regarding her status of a “single mother not receiving support” which was her justification for receiving a tax benefit by stating in her testimony that she claimed BOTH children. SEE FILINGS XXX, XXX, XXX. *. These actions and decisions have caused harm to the plaintiff by depriving him the ability to fulfill his obligations of filing his * Year-End State and federal Taxes where the plaintiff is expected to receive a Tax Refund based on his * earnings, business expenses, all allowable deductions, and his withholdings of $$$$$$$$$$$$$. The Defendant, Jessica ****, has reported NO TAXABLE INCOME to the Court for Tax Year *. The defendant, Jessica ****, had also previously submitted several abusive Contempt Complaints related to Child Support within * that clearly contradicts, with knowledge of Judge Army and the Court, that the plaintiff, **** ****, had provided the defendant, Jessica **** with child support from the time of the Judgement of Divorce in August, * through December *, * with all payments being accounted for. This decision by Judge Army supports the Defendant by aiding her in filing a knowingly false and fraudulent Tax Return for financial gain, and, under false pretenses, harms the plaintiff, **** ****’, character in the eyes of the Court, and has delayed his ability to correctly file his * Tax Year filings which has delayed a much needed financial benefit from an expected Tax Refund and exposes the Plaintiff for fines and penalties for filing his return late. The Plaintiff, **** ****, submitted his complaint for Contempt regarding claiming the children on May XXX, *. A hearing was scheduled Five (*) months later to October, *, then it has been further delayed to January *. The Plaintiff has requested copies of the tax return from the Defendant in good faith, and the defendant has declined to provide the tax return along with any other requests for Discovery.