State of Michigan
In the Livingston County Circuit Court
204 S. Highlander Way, Howell, Michigan 48843
517-546-9816
George Edward Lyons,
11994 Weiman
Pinckney, Michigan 48169
734-954-4040
Plaintiff,
vs.
James Brady a single man,
1194 Camelot,
Pinckney, Mi.48169
Phone unavailable
Defendants,
DEFENDANT’S ATTORNEY
Attorney for Defendant
Douglas J. Cameron
McCririe & Cameron Attorneys and Counselors
317 W. Main St.Brighton, MI 48116810-229-6167
POSSIBLE OTHER DEFENDANTS
Karl and Marian Kopp, husband and wife
Case no. 04-020652-CF-B LYONS V. KOPP
Case No.: 07-23338-CH
Hon. Judge Latreille
EMERGENCY MOTION FOR DEFAULT JUDGMENT. AND DENY DEFENDANT SUMMARY DISPOSITION.
BRIEF IN SUPPORT OF PLAINTIFF REQUEST FOR Partial Default Judgment against Defendant James Brady and Karl F. Kopp and Marian J. Kopp for possession of 1194 Camelot, Pinckney, Michigan 48169 and granting possession and acquiring completely clear Title on 1194 Camelot, Pinckney, Mi. from the Plaintiff George Edward Lyons
EMERGENCY MOTION FOR DEFAULT JUDGMENT- AND DENY DEFENDANT SUMMARY DISPOSITION. BRIEF IN SUPPORT OF PLAINTIFF’S PARTIAL DEFAULT JUDGMENT AGAINST DEFENDANT JAMES BRADY AND PAST DEFENDANTS KARL F. KOPP AND MARIAN J. KOPP IN COMPLETELY ACQUIRING OF TITLE FOR SAID PROPERTY LOCATED AT 1194 CAMELOT, PINCKNEY, MICHIGAN 48169 FOR PLAINTIFF GEORGE EDWARD LYONS AND THAT ANY AND ALL CLOUDS AND OR LIENS ON THE TITLE SHALL BE REMOVED.
1. INTRODUCTION:
Plaintiff states that Defendant James Brady and Past Defendant’s Karl F. Kopp and Marian J. Kopp H/W (hereinafter “Mr. Brady and Mr. Kopp and Mrs. Kopp”) Mr. Brady’s request for a false summary disposition motion cannot survive, and the request for Mr. Brady’s request for a summary disposition should be denied. Plaintiff complaint seeks the return of real property which is currently owned by Plaintiff George Edward Lyons. And is still owned by Plaintiff Mr. Lyons and his ex-wife. Mr. Lyons also seeks an excess of $1,000,000.00 in damages due to the illegal actions of Mr. and Mrs. Kopp who which caused “major losses in Plaintiff (sic) life and career. Plaintiff has set forth legally cognizable causes of action.
Plaintiff states that Defendant Mr. Brady and Mr. and Mrs. Kopp did not raised a affirmative defense, Including in the existence of a prior actions, res judicata, the statue of limitations which falls under (Equitable Tolling for the Plaintiff), the statue of frauds, legal disability and clean hands, any of which will serve to defeat Defendant Mr. Brady and Mr. and Mrs. Kopp defense and claims against the Plaintiff.
The Plaintiff is seeking to quiet title in the property in question and is requesting injunctive relief enjoining Defendant Mr. Brady and Mr. and Mrs. Kopp from recording any liens against Plaintiff properties.
The Plaintiff is also requesting damages due to the Fact that Plaintiff George Edward Lyons have incurred substantial damages dealing with Defendant Brady and Mr. and Mrs. Kopp and their fraudulent and unfounded claims and their criminally and illegal actions wrongfully made against the Plaintiff George Edward Lyons.
II. FACTS
Prior to 1997, Plaintiff and Mr. and Mrs. Kopp were friends and had several business relationships which primarily involved Mr. and Mrs. Kopp building projects for the Kopp’s.
In approximately 1994, Plaintiff began experiencing personal difficulties, by other past clients who embezzling over $770,000.00 from the Plaintiff, this is supported by A REFERENCE BOOK THAT PROVES THESE TRAGIC OF JUSTICE AGAINST THE PLAINTIFF LYONS THIS BOOK has been incorporated in this case file.
These past clients in making fabricated complaints to State of Michigan Consumer & Industry services. To financially address these difficulties Plaintiff was going to banking agencies to acquire a loan. Mr. Kopp asks Plaintiff if he could finance the Ninety Thousand Dollars ($90,000.00) loan.
This statement is supported by audio tapes. As security for this loan of Ninety Thousand Dollars ($90,000.00). As security for this loan for both the Kopp’s and the Plaintiff and his wife two Warranty deeds are to be placed into escrow to Plaintiff home 1194 Camelot, Pinckney, (See Exhibit A).
This was an arm’s length transaction with a formal closing and title insurance. The first Deed to the Kopp’s was wrongfully recorded by the Kopp’s within of the closing. Immediately following the closing.
A memorandum of Land Contract was to be only recorded to stop the exposure of price of the sale of 1194 Camelot, Pinckney, Michigan. (See Exhibit B) Mr. and Mrs. Kopp sold the Camelot residence on Land Contract back to Mr. Lyons and his ex-wife for Ninety Thousand Dollars ($90,000.00). On a five year land contract with nothing down, interest at nine percent (9%) and modest monthly payments of Seven Hundred Twenty Four Dollars Sixteen Cents ($724.16).
A. THIS WAS A CONTRACT The Kopp’s received on June 30, 1995 a certified check endorsement statement: FOR Twenty-Four Thousand ($24,000.00). “PAID TO THE ORDER OF KARL AND MARIAN KOPP FOR PAYMENT ON CAMELOT. EXHIBIT B: The accept the check which noted: FOR PAYMENT ON CAMELOT.
B. The Kopp’s asked Plaintiff to construct of a home on lot 1 Norcrest, Brighton, Michigan. Of which the Plaintiff builders profit was Fifty Thousand Dollars ($50,000.00) for construction. And the builder’s profit was to be used as payments on 1194 Camelot, Pinckney, Michigan. EXHIBIT C:
C. The Kopp’s were given equity of Thirty-Two Thousand Dollars ($32,500.00) in lot 2 Betty Lyons Lane, Pinckney, Michigan which the money was used a payment on 1194 Camelot, Pinckney, Michigan. See EXHIBIT C:
D. A total of payments made by the Plaintiff on 1194 Camelot, Pinckney, Michigan per the Land Contract to Mr. and Mrs. Kopp was One hundred and Six Thousand Five Hundred Dollars ( $106,500.00) Plaintiff totally pay off the Land Contract before 1996.
E. FOOTNOTE: Mr. Kopp stated per audio tape that Plaintiff did not have to make any payments on the above land contract until the closing of 5640 Shoshoni Pass, Pinckney, Michigan. That closing took place December 28th 1997. The Kopp’s false forfeiture took place February 1997.
At which time Plaintiff never received notice of summon and complaint or any other notifications. This reason is that Plaintiff was wrongfully removed by Plaintiff ex-wife. All notification was intercepted by Ex-wife Patricia Ann Lyons of
who was having an affair with Karl Kopp both before and after the Divorce of Ex-wife Patricia A. Lyons with Plaintiff George Lyons. See audio tapes supporting this. Marian Kopp will testify to the above statements in favor of the Plaintiff.
F. The Plaintiff, Mr. Lyons began experiencing personal difficulties due to the extortion and embezzlement by past clients STORZBACHS, FRIBERGS, FEEBACKS, LALONDES AND MARCICHS who had embezzled from the Plaintiff and his company.
In the Livingston County Circuit Court
204 S. Highlander Way, Howell, Michigan 48843
517-546-9816
George Edward Lyons,
11994 Weiman
Pinckney, Michigan 48169
734-954-4040
Plaintiff,
vs.
James Brady a single man,
1194 Camelot,
Pinckney, Mi.48169
Phone unavailable
Defendants,
DEFENDANT’S ATTORNEY
Attorney for Defendant
Douglas J. Cameron
McCririe & Cameron Attorneys and Counselors
317 W. Main St.Brighton, MI 48116810-229-6167
POSSIBLE OTHER DEFENDANTS
Karl and Marian Kopp, husband and wife
Case no. 04-020652-CF-B LYONS V. KOPP
Case No.: 07-23338-CH
Hon. Judge Latreille
EMERGENCY MOTION FOR DEFAULT JUDGMENT. AND DENY DEFENDANT SUMMARY DISPOSITION.
BRIEF IN SUPPORT OF PLAINTIFF REQUEST FOR Partial Default Judgment against Defendant James Brady and Karl F. Kopp and Marian J. Kopp for possession of 1194 Camelot, Pinckney, Michigan 48169 and granting possession and acquiring completely clear Title on 1194 Camelot, Pinckney, Mi. from the Plaintiff George Edward Lyons
EMERGENCY MOTION FOR DEFAULT JUDGMENT- AND DENY DEFENDANT SUMMARY DISPOSITION. BRIEF IN SUPPORT OF PLAINTIFF’S PARTIAL DEFAULT JUDGMENT AGAINST DEFENDANT JAMES BRADY AND PAST DEFENDANTS KARL F. KOPP AND MARIAN J. KOPP IN COMPLETELY ACQUIRING OF TITLE FOR SAID PROPERTY LOCATED AT 1194 CAMELOT, PINCKNEY, MICHIGAN 48169 FOR PLAINTIFF GEORGE EDWARD LYONS AND THAT ANY AND ALL CLOUDS AND OR LIENS ON THE TITLE SHALL BE REMOVED.
1. INTRODUCTION:
Plaintiff states that Defendant James Brady and Past Defendant’s Karl F. Kopp and Marian J. Kopp H/W (hereinafter “Mr. Brady and Mr. Kopp and Mrs. Kopp”) Mr. Brady’s request for a false summary disposition motion cannot survive, and the request for Mr. Brady’s request for a summary disposition should be denied. Plaintiff complaint seeks the return of real property which is currently owned by Plaintiff George Edward Lyons. And is still owned by Plaintiff Mr. Lyons and his ex-wife. Mr. Lyons also seeks an excess of $1,000,000.00 in damages due to the illegal actions of Mr. and Mrs. Kopp who which caused “major losses in Plaintiff (sic) life and career. Plaintiff has set forth legally cognizable causes of action.
Plaintiff states that Defendant Mr. Brady and Mr. and Mrs. Kopp did not raised a affirmative defense, Including in the existence of a prior actions, res judicata, the statue of limitations which falls under (Equitable Tolling for the Plaintiff), the statue of frauds, legal disability and clean hands, any of which will serve to defeat Defendant Mr. Brady and Mr. and Mrs. Kopp defense and claims against the Plaintiff.
The Plaintiff is seeking to quiet title in the property in question and is requesting injunctive relief enjoining Defendant Mr. Brady and Mr. and Mrs. Kopp from recording any liens against Plaintiff properties.
The Plaintiff is also requesting damages due to the Fact that Plaintiff George Edward Lyons have incurred substantial damages dealing with Defendant Brady and Mr. and Mrs. Kopp and their fraudulent and unfounded claims and their criminally and illegal actions wrongfully made against the Plaintiff George Edward Lyons.
II. FACTS
Prior to 1997, Plaintiff and Mr. and Mrs. Kopp were friends and had several business relationships which primarily involved Mr. and Mrs. Kopp building projects for the Kopp’s.
In approximately 1994, Plaintiff began experiencing personal difficulties, by other past clients who embezzling over $770,000.00 from the Plaintiff, this is supported by A REFERENCE BOOK THAT PROVES THESE TRAGIC OF JUSTICE AGAINST THE PLAINTIFF LYONS THIS BOOK has been incorporated in this case file.
These past clients in making fabricated complaints to State of Michigan Consumer & Industry services. To financially address these difficulties Plaintiff was going to banking agencies to acquire a loan. Mr. Kopp asks Plaintiff if he could finance the Ninety Thousand Dollars ($90,000.00) loan.
This statement is supported by audio tapes. As security for this loan of Ninety Thousand Dollars ($90,000.00). As security for this loan for both the Kopp’s and the Plaintiff and his wife two Warranty deeds are to be placed into escrow to Plaintiff home 1194 Camelot, Pinckney, (See Exhibit A).
This was an arm’s length transaction with a formal closing and title insurance. The first Deed to the Kopp’s was wrongfully recorded by the Kopp’s within of the closing. Immediately following the closing.
A memorandum of Land Contract was to be only recorded to stop the exposure of price of the sale of 1194 Camelot, Pinckney, Michigan. (See Exhibit B) Mr. and Mrs. Kopp sold the Camelot residence on Land Contract back to Mr. Lyons and his ex-wife for Ninety Thousand Dollars ($90,000.00). On a five year land contract with nothing down, interest at nine percent (9%) and modest monthly payments of Seven Hundred Twenty Four Dollars Sixteen Cents ($724.16).
A. THIS WAS A CONTRACT The Kopp’s received on June 30, 1995 a certified check endorsement statement: FOR Twenty-Four Thousand ($24,000.00). “PAID TO THE ORDER OF KARL AND MARIAN KOPP FOR PAYMENT ON CAMELOT. EXHIBIT B: The accept the check which noted: FOR PAYMENT ON CAMELOT.
B. The Kopp’s asked Plaintiff to construct of a home on lot 1 Norcrest, Brighton, Michigan. Of which the Plaintiff builders profit was Fifty Thousand Dollars ($50,000.00) for construction. And the builder’s profit was to be used as payments on 1194 Camelot, Pinckney, Michigan. EXHIBIT C:
C. The Kopp’s were given equity of Thirty-Two Thousand Dollars ($32,500.00) in lot 2 Betty Lyons Lane, Pinckney, Michigan which the money was used a payment on 1194 Camelot, Pinckney, Michigan. See EXHIBIT C:
D. A total of payments made by the Plaintiff on 1194 Camelot, Pinckney, Michigan per the Land Contract to Mr. and Mrs. Kopp was One hundred and Six Thousand Five Hundred Dollars ( $106,500.00) Plaintiff totally pay off the Land Contract before 1996.
E. FOOTNOTE: Mr. Kopp stated per audio tape that Plaintiff did not have to make any payments on the above land contract until the closing of 5640 Shoshoni Pass, Pinckney, Michigan. That closing took place December 28th 1997. The Kopp’s false forfeiture took place February 1997.
At which time Plaintiff never received notice of summon and complaint or any other notifications. This reason is that Plaintiff was wrongfully removed by Plaintiff ex-wife. All notification was intercepted by Ex-wife Patricia Ann Lyons of
who was having an affair with Karl Kopp both before and after the Divorce of Ex-wife Patricia A. Lyons with Plaintiff George Lyons. See audio tapes supporting this. Marian Kopp will testify to the above statements in favor of the Plaintiff.
F. The Plaintiff, Mr. Lyons began experiencing personal difficulties due to the extortion and embezzlement by past clients STORZBACHS, FRIBERGS, FEEBACKS, LALONDES AND MARCICHS who had embezzled from the Plaintiff and his company.
Despite this infusion of cash and the illegal actions of past client’s and there embezzlement from the Plaintiff and his company in the approximate amount of $770,000.00. Mr. and Mrs. Kopp and ex-wife fearing they would lose the equity of 1194 Camelot, Pinckney, Michigan.
G. Mr. and Mrs. Kopp falsely construct a fabricated forfeiture of Mr. and Mrs. Kopp on February 1997 to protect the equity in 1194 Camelot, Pinckney, Michigan of which Mr. and Mrs. Kopp and ex-wife Patricia Ann Lyons were told to remove Plaintiff George Edward Lyons from marital home 1194 Camelot, Pinckney, Michigan.
Because if Plaintiff was using 1194 Camelot, Pinckney, Michigan as his residence, and had an interest in said property. The Past Clients who won criminally wrongful judgments against the Plaintiff and his company could attach a total of Three Hundred and Thirty Three Thousand Dollars ($333,000.00) of wrongfully and criminally acquired in wrongful payments for the judgments against the Plaintiff and his company and family, an to acquire this money though the Plaintiff equity in 1194 Camelot, Pinckney, Michigan.
H. PLAINTIFF STATES THAT Mr. and Mrs. Kopp criminally commenced a FALSE land contract forfeiture action in the 53rd District Court (case #97-303-LT-Judge Delvero.)
1. Judge Delvero had an Emergency Motion of Disqualification for Biasness of which the Judge Denied at which also denied Plaintiff Lyons his due process of law.
2. In 1994, the U.S. Supreme Court held that "Disqualification is required if an objective observer would entertain reasonable questions about the judge's impartiality. If a judge's attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely, the judge must be disqualified." [Emphasis added]. Liteky v. U.S., 114 S.Ct. 1147, 1162 (1994).
3. Livingston County Courts have repeatedly held that positive proof of the partiality of a judge is not a requirement, only the appearance of partiality. Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 108 S.Ct. 2194 (1988) (what matters is not the reality of bias or prejudice but its appearance); United States v. Balistrieri, 779 F.2d 1191 (7th Cir. 1985) (Section 455(a) "is directed against the appearance of partiality, whether or not the judge is actually biased.") ("Section 455(a) of the Judicial Code, 28 U.S.C. §455(a), is not intended to protect litigants from actual bias in their judge but rather to promote public confidence in the impartiality of the judicial process.").
4. That Court also stated that Section 455(a) "requires a judge to recue himself/herself in any proceeding in which her impartiality might reasonably be questioned." Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989). In Pfizer Inc. v. Lord, 456 F.2d 532 (8th Cir. 1972), the Court stated that "It is important that the litigant not only actually receive justice, but that he believes that he has received justice."
5. The Supreme Court has ruled and has reaffirmed the principle that "justice must satisfy the appearance of justice", Levine v. United States, 362 U.S. 610, 80 S.Ct. 1038 (1960), citing Offutt v. United States, 348 U.S. 11, 14, 75 S.Ct. 11, 13 (1954). A judge receiving a bribe from an interested party over which he is presiding, does not give the appearance of justice.
6. "Recusal under Section 455 is self-executing; a party need not file affidavits in support of recusal and the judge is obligated to recue herself/himself sua sponte under the stated circumstances." Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989).
7. Further, the Judge Delvero has a legal duty to disqualify himself even if there is no motion asking for his disqualification. The Seventh Circuit Court of Appeals further stated that "We think that this language [455(a)] imposes a duty on the judge to act sua sponte, even if no motion or affidavit is filed." Balistrieri, at 1202.
8. Judges Delvero, Reck, Reader, and Latreille do not have discretion not to disqualify themselves. By law, they are bound to follow the law. Should a judge not disqualify himself as required by law, and then the judge has given another example of his "appearance of partiality" which, possibly, further disqualifies the judge.
Should another judge not accept the disqualification of the judge, then the second judge has evidenced an "appearance of partiality" and has possibly disqualified himself/herself. None of the orders issued by any judge who has been disqualified by law would appear to be valid.
9. It would appear that they are void as a matter of law, and are of no legal force or effect.
10. Should a judge not disqualify himself, then the judge is violation of the Due Process Clause of the U.S. Constitution. United States v. Sciuto, 521 F.2d 842, 845 (7th Cir. 1996)
11. ("The right to a tribunal free from bias or prejudice is based, not on section 144, but on the Due Process Clause.").
12. The Fifth Amendment to the United States Constitution reads:
“
No person shall be ... deprived of life, liberty, or property, without due process of law ....
”
13. The Fourteenth Amendment to the United States Constitution reads:
“
No State shall deprive any person of life, liberty, or property, without due process of law ...
”
14. should a judge issue any order after he has been disqualified by law, and if the party has been denied of any of his / her property, then the judge may have been engaged in the Federal Crime of "interference with interstate commerce". The judge has acted in the judge's personal capacity and not in the judge's judicial capacity. It has been said that this judge, acting in this manner, has no more lawful authority than someone's next-door neighbor (provided that he is not a judge). However some judges may not follow the law.
15. The Livingston county judge’s did in fact issue an orders after he has been disqualified by law, and if the George Lyons has been denied of any of his /and his wife's property, the Livingston County judge’s have been engaged in the Federal Crime of "interference with interstate commerce".
16. The Livingston county judge’s has acted in the judge's personal capacity and not in the judge's judicial capacity. These Livingston county judge’s, are acting in this manner, and has no more lawful authority than someone's next-door neighbor (provided that he is not a judge). However these Livingston county judges did not follow the law.
17. George Edward Lyons as a non-represented litigant, and the Livingston county courts did not follow the law as to non-represented litigants, then the judge has expressed an "appearance of partiality" and, under the law, it would seem that he/she has not disqualified him/herself.
18. However, since not all judges keep up to date in the law, and since not all judges follow the law, it is possible that a judge may not know the ruling of the U.S. Supreme Court and the other courts on this subject. Notice that it states "disqualification is required" and that a judge "must be disqualified" under certain circumstances.
19. JUDGE’S DELVERO, RECK, BURRESS, READER, LATREILLE REFUSED TO DISQUALIFY THEMSELVES. Judge Delvero could face the following: Should a judge issue any order after he has been disqualified by law, and if the party has been denied of any of his / her property, the judge may have been engaged in the Federal Crime of "interference with interstate commerce".
The judge has acted in the judge's personal capacity and not in the judge's judicial capacity. It has been said that this judge, acting in this manner, has no more lawful authority than someone's next-door neighbor (provided that he is not a judge). However, some judges may not follow the law, of which Judge Delvero's actions in not disqualifying himself is refusing the Plaintiff his Due Process of Law.
20. There was a request for an adjournment at Mr. Kopp’s attorney's request (Molly Reno). Plaintiff and his ex-wife Patricia Lyons were never notified to be present at the next hearing. The Kopp’s received a false default judgment.
21. The local police became involved and Plaintiff George Lyons was wrongfully removed from 1194 Camelot, Pinckney, Michigan after Mrs. Kopp gave permission to Plaintiff George Lyons to re-enter into 1194 Camelot, Pinckney, Michigan with Mrs. Kopp stating through audio tapes. Mr. Kopp to protect his illegal gains files a false police report against Plaintiff for entering without permission. Mr. Kopp having full knowledge Mrs. Kopp gave permission to enter into said real property 1194 Camelot, Pinckney, Michigan 48169.
22. IMPORTANT- AS OF 2008 1194 CAMELOT, PINCKNEY, MICHIGAN PROPERTY IS STILL IN PLAINTIFF OWNERSHIP: PLEASE READ FURTHER…“George Lyons he was never going to loss 1194 Camelot, Pinckney, Michigan, and he’ll never have to pay any more for the property.” Being an authorized grantor on the warranty deed Mrs. Kopp has that authority to give back 1194 Camelot, Pinckney, Mi.
23. Plaintiff George Lyons was arrested for entering without permission. George Lyons has evidence overwhelming evidence that the Livingston County prosecutor’s office and Plaintiff George Lyons court appointed attorney (Spickard) and Ypsilanti Forensic examiner Judith Thompson conspired together to wrongful and criminally find Plaintiff George Lyons not competent to stand trial.
24. This illegal action on the above proves that there was judicial misconduct, and these people committed fraud upon the court to illegally stop Plaintiff George Lyons from having any money to go after attorneys and officers of the court who also committed fraud upon the court. This criminal action stopped the Plaintiff from having Due process of Law.
25. EQUITABLE TOLLING FOR THE PLAINTIFF: This opens the entry of Equitable Tolling for the Plaintiff. That in 2008 George Lyons was found competent to stand trial. Any and all judgments filed against the Plaintiff by Defendant Brady and Mr. and Mrs. Kopp and their attorneys are all null and void.
26. In 2004, Plaintiff Lyons filed a Lawsuit against Mr. and Mrs. Kopp. The Summons and Complaint sent to Mr. and Mrs. Kopp through Certified mailing at the U.S. Postal service on three different mailing two both Mr. and Mrs. Kopp.
IMPORTANT: KOPP'S REFUSED 10 CERTIFIED MAILING TO THEIR HOME ADDRESS
1. Did not claim certified mailing on Summons and Complaint.
2. Did not claim certified mailing on Summons and Complaint.
3. REFUSED CERTIFIED MAILING OF NOTICE TO APPEAR IN COURT FOR DEFAULT JUDGMENT ruling. (SEE EXHIBITS D).
4. Plaintiff was granted the Default Judgment by Judge Daniel Burress for possession of 1194 Camelot, Pinckney, Michigan. This document was recorded at the Livingston County Register of Deeds.
5. Without notice to Plaintiff George Lyons to appear in court, Mrs. Kopp motions the court stating that neither her or her husband were given notice of the Lawsuit or Summons and Complaint or the motion for the Plaintiff for Default Judgment.
6. Former Judge Burress denied Plaintiff his Default Judgment by false statements of Marian Kopp. (SEE EXHIBITS D).
7. In 2005, 2006, 2007 and 2008 Plaintiff recovers evidence on the Kopp’s case on other cases of past clients which was hidden from the Plaintiff by Mr. and Mrs. Kopp. See audio tapes. (SEE EXHIBITS E).
IMPORTANT:
1. On May 31, 2005 Marian Kopp files at Livingston County Register of Deeds a Warranty Deed for 1194 Camelot, Pinckney, Michigan, thereby granting full possession for 1194 Camelot, Pinckney, Michigan to Plaintiff George Edward Lyons and ex-wife Patricia Ann Lyons. (SEE EXHIBIT F.)
III. ARGUMENTS
For motions brought pursuant to MCR 2.116(C) (1) Through (C)(7) AND (C) (10), the court may consider affidavits, deposition, admissions, or other documentary evidence along with the pleading MCR 2.116(G)(2). Only the pleadings may be considered by the Court when a motion is brought pursuant to MCR 2.116(C) (8) or (C)(9), MCR 2.116 (G)(5).
A. ANOTHER ACTION HAS BEEN INITIATED BETWEEN THE SAME PARTIES INVOLVING PLAINTIFF LYONS’ CLAIM FOR POSSESSION OF THE SUBJECT PREMISES.
Under MCR 2.116(C)(6) a trial court may grant Summary Disposition on the Grounds that another action exists between the same parties involving the same claim, Bartlett v. North Ottawa Community Hospital, 244 MichAPP 685; 625 NW2d 470 (2001). As previously stated as in the Exhibits to this Brief supports, there is another action between these same parties involving the same claims on file with the 53rd District Court, Case No. 97-303-LT.
Therefore a Summary Disposition and Default Judgment in favor of Plaintiff Lyons, pursuant to MCR 2.116(C) (6) are proper.
B. PLAINTIFF LYONS' CLAIM IS GRANTED BECAUSE OF A PRIOR JUDGMENT AND IS DENIED BECAUSE OF A PRIOR JUDGMENT ISSUED IN THE 53RD DISTRICT COURT, FILE NO. 97-303-LT THE PLAINTIFF WAS DENIED PLAINTIFF’S DUE PROCESS OF LAW.
1. Plaintiff Lyons did fail to defend against Mr. & Mrs. Kopp’s Fabricated Land Contract forfeiture action in the 53rd District Court, because of not receiving proper notification to appear in court. That Mr. & Mrs. Kopp’s have hidden evidence from the Plaintiff. That Mr. & Mrs. Kopp did in fact receive a certified check, and equity in Lot 2 Betty Lyons Lane, Pinckney, Mi. and Mr. & Mrs. Kopp still owe Plaintiff Fifty Thousand Dollars ($50,000.00) proving that Plaintiff Lyons made all payments on 1194 Camelot, Pinckney, Michigan.
2. That in Fact that 1194 Camelot, Pinckney, Michigan was in the Possession of Plaintiff and his ex-wife Patricia Ann Lyons as of March 31st 2005.
3. That in fact Mr. & Mrs. Kopp did not have ownership of 1194 Camelot, Pinckney, Michigan when the criminally sold 1194 Camelot, Pinckney, Michigan to Defendant James Brady. Because of her recording on March 31st 2005 of the warranty Deed back to Plaintiff Lyons and his ex-wife Patricia Ann Lyons.
4. That in fact, Judge’s Delvero, Reck, Buress, Latreille, and David Reader did not have jurisdiction to make any rulings for the following reason. All Livingston County Judges including Judge David Reader had an Emergency Motion of Disqualification against these Judge’s. Should a judge issue any order after he has been disqualified by law, and if the party has been denied of any of his / her property, then the judge may have been engaged in the Federal Crime of "interference with interstate commerce".
The judge has acted in the judge's personal capacity and not in the judge's judicial capacity. It has been said that this judge, acting in this manner, has no more lawful authority than someone's next-door neighbor (provided that he is not a judge). However some judges may not follow the law. SEE EXHIBIT G.
5. The Livingston county judge’s did issue an order after he has been disqualified by law, and if the George Lyons has been denied of any of his / her property, the Livingston County judge’s have been engaged in the Federal Crime of "interference with interstate commerce".
6. The Livingston county judge’s has acted in the judge's personal capacity and not in the judge's judicial capacity. These Livingston county judge’s, are acting in this manner, and has no more lawful authority than someone's next-door neighbor (provided that he is not a judge).
7. That in fact the Plaintiff called all Livingston County Judge’s as material witness. That the granting of any judgments by Judge David Read is null and void, if the Judgment is granted Judge David Reader could be in none compliance of Federal law in not giving Plaintiff Lyons Due Process of Lyons.
8. FOOTNOTE: AFTER RECOVERING HIDDEN EVIDENCE OF PLAINTIFF. HIDDEN BY BOTH OF MR. & MRS. KOPP. THE PLAINTIFF CAN PROVE THAT BOTH MR. & MRS. KOPP AND PAST CLIENTS OVERWHELMING THAT PLAINTIFF LYONS HAD CRIMINAL ACTS PERFORMED IN GREATEST DEGREE COMMITTED BY PAST CLIENTS AND DEFENDANT BRADY AND MR. & MRS. KOPP AGAINST THE PLAINTIFF.
9. Future Summary Disposition and Default Judgment in favor of Plaintiff Lyons pursuant to MCR 2.115 (C) (7) based upon the Default Judgment of Judge Daniel Burress in his granting the Default Judgment. The same Default Judgment that was wrongfully removed by false statement to Judge Burress Court by Marian Kopp. And in the March 31st 2005 Warranty Deed filed in the Livingston County Register of Deeds by Marian Kopp. SEE EXHIBIT H.
PLAINTIFF LYONS CLAIM IS NOT TIME BARRED FOR THE PERIOD OF LIMITATIONS. MCL 600.5805(10): MSA 27A.5805(10).
5. The Livingston county judge’s did issue an order after he has been disqualified by law, and if the George Lyons has been denied of any of his / her property, the Livingston County judge’s have been engaged in the Federal Crime of "interference with interstate commerce".
6. The Livingston county judge’s has acted in the judge's personal capacity and not in the judge's judicial capacity. These Livingston county judge’s, are acting in this manner, and has no more lawful authority than someone's next-door neighbor (provided that he is not a judge).
7. That in fact the Plaintiff called all Livingston County Judge’s as material witness. That the granting of any judgments by Judge David Read is null and void, if the Judgment is granted Judge David Reader could be in none compliance of Federal law in not giving Plaintiff Lyons Due Process of Lyons.
8. FOOTNOTE: AFTER RECOVERING HIDDEN EVIDENCE OF PLAINTIFF. HIDDEN BY BOTH OF MR. & MRS. KOPP. THE PLAINTIFF CAN PROVE THAT BOTH MR. & MRS. KOPP AND PAST CLIENTS OVERWHELMING THAT PLAINTIFF LYONS HAD CRIMINAL ACTS PERFORMED IN GREATEST DEGREE COMMITTED BY PAST CLIENTS AND DEFENDANT BRADY AND MR. & MRS. KOPP AGAINST THE PLAINTIFF.
9. Future Summary Disposition and Default Judgment in favor of Plaintiff Lyons pursuant to MCR 2.115 (C) (7) based upon the Default Judgment of Judge Daniel Burress in his granting the Default Judgment. The same Default Judgment that was wrongfully removed by false statement to Judge Burress Court by Marian Kopp. And in the March 31st 2005 Warranty Deed filed in the Livingston County Register of Deeds by Marian Kopp. SEE EXHIBIT H.
PLAINTIFF LYONS CLAIM IS NOT TIME BARRED FOR THE PERIOD OF LIMITATIONS. MCL 600.5805(10): MSA 27A.5805(10).
1. Specifically states that, “The period of Limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person, or injury to a person or property.” The Plaintiff has continually tried to find justice on this Case No. 97-303-LT. The case of Judge Delvero went into case of Judge Burress, Judge Reck, and Judge David Reader.
The last motion on this case was in 2008. But none of the above cases or Judges had jurisdiction in Livingston County Court system by the Livingston County Judges. This falls under judicial interference. And these Judges did in fact deny the Plaintiff his Due Process of Law.
2. The other possibilities are the officers of Livingston County Court system, causing judicial misconduct, and "tortuous interference" and civil conspiracy against, and Judicial interference. the Plaintiff and his companies. The plaintiff is still vital. Plaintiff Lyons has followed the proper courses of action to challenge the District Court’s decision through an appeal to cure the Breach of the Land Contract by redeeming the property. The Plaintiff did not owe any payments on 1194 Camelot, Pinckney, Michigan.
3. On March 31st 2004 Plaintiff received default judgment from Judge Daniel Burress on said property 1194 Camelot, Pinckney, Michigan 48169 with full clear title.
4. On March 30, 2005 Marian Kopp went to the Livingston County register of Deeds and recorded said Deed transferring 1194 Camelot, Pinckney, Michigan from Karl and Marian Kopp H/W to Plaintiff George Edward Lyons and Patricia Ann Lyons H/W SEE EXHIBIT
5. IN THESE ABOVE ACTIONS PLAINTIFF DID IN FACT REDEEM HIS PROPERTY AT 1194 CAMELOT, PINCKNEY, MICHIGAN.
PLAINTIFF LYONS CLAIM IS GRANTED BY THE STATUE OF FRAUDS, MCL 566.106: MSA 26,906.
1. The Statue of Frauds is clear and unambiguous. It states: “No estate or interest in lands, other than leases for the a term not exceeding one (1) year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the creating, granting, assigning, surrendering or declaring the same, or by some person there onto by him lawfully authorized by writing.” MCL 566.106; MSA 26.906. The following falls under the above categories.
2. On March 31st 2004 Plaintiff received default judgment from Judge Daniel Burress on said property 1194 Camelot, Pinckney, Michigan 48169 with full clear title.
3. On May 31, 2005 Marian Kopp went to the Livingston County register of Deeds and recorded said Deed transferring 1194 Camelot, Pinckney, Michigan from Karl and Marian Kopp H/W to Plaintiff George Edward Lyons and Patricia Ann Lyons H/W SEE EXHIBIT
IN THESE ABOVE ACTIONS PLAINTIFF DID IN FACT REDEEMED HIS PROPERTY AT 1194 CAMELOT, PINCKNEY, MICHIGAN.
1. Plaintiff Lyons claims that he should be granted the ownership interest in the subject real property. The Warranty Deed executed by Mr. Karl F. Kopp and his wife Mrs. Marian J. Kopp on March 11, 1994 and recorded in the office of Register of Deeds on May 31st 2005 clearly establishes that Mr. and Mrs. Kopp transferred all of their right, title and interest in the subject real property to Plaintiff Lyons and his wife.
2. Plaintiff is not in contempt of any of the Livingston County court, District or Civil. All Judge’s received Emergency Motion for Disqualification for Biasness, also all judges were in the Livingston County court systems were called material witnesses. Plaintiff Lyons is not under a legal disability and can maintain this action. Therefore the future Summary Disposition and the Default Judgment Plaintiff is submitting can be signed by Judge Stanley Latreille.
PLAINTIFF HAS SUCCESSFULLY STATED A CLAIM UPON WHICH RELIEF CAN BE GRANTED.
1. Defendant Brady's motion for Summary Disposition pursuant to MCR 2.116(C )(8) should be denied. A Motion for Summary Disposition is properly granted if a claim is so clearly unenforceable as a matter of law that no factual development could possibly justify recovery by the Defendant and past Defendant’s Mr. & Mrs. Kopp. A Motion for Summary Disposition is tested on the Pleadings alone, and all well-pled factual allegations contained in a complaint me be accepted as true. Simco v Blake. 448 Mich 648; 532 NW2d 842 (1995).
2. Defendant Brady's statements in this matter are, at best, an incomprehensible rambling of mistruths. They are completely devoid of any well-pled factual allegations, and responses, and are legally insufficient to state any claim against Plaintiff Lyons and his wife. Therefore, Default Judgment for said real property and future Summary Disposition with relief should be granted in favor of the Plaintiff Lyons and Summary Disposition of the Defendant Brady should be denied.
PLAINTIFF LYONS HAS SUCCESSFULLY STATED A VALID DEFENSE TO DEFENDANT BRADY'S SUMMARY DISPOSITION.
A Motion for Defendant Brady's Summary Disposition under MCR 2.116 (C ) (9) is tested solely by reference to the Pleadings or responses. When a material allegation of the Defendant is categorically denied, Summary Disposition is improper. Mere denial of liability is a valid defense. That the defense is ultimately unsuccessful, in whole or in part., does not make it invalid. Nasser v Auto Club Ins. Ass’n. 435 Mich 33; 457 NW2d 637 (1990).
Defendant’s Brady and past Defendants Mr. & Mrs. Kopp answer to the complaint is also an incomprehensible rambling of mistruths. Plaintiff has filed affirmative defense. Based on the Pleading in this matter, Defendant Brady is not entitled to Summary Disposition.
IV. REQUEST FOR RELIEF
It is tragic of Justice in what happened to Plaintiff Lyons, his ex-wife and his daughters, Caused by the Defendant Brady and Mr. & Mrs. Kopp and past client of the Plaintiff.
Defendant Brady and Past Defendant’s Mr. & Mrs. Kopp and past clients are responsible for this tragedy and did not act within the confines of the legal system. Further Defendant Brady has failed to plead any valid defense to the Plaintiff's complaint.
Therefore, Summary Disposition of the Defendant should be denied and the past clients of Attorney Douglas Cameron should be incorporated back into this lawsuit.
Furthermore, that Attorney Douglas Cameron of McCririe & Cameron, Main Street, Brighton, Michigan and his company is removed for conflict of interest as Defendant Brady's attorney. Attorney Douglas Cameron has been called as a material witness by this Plaintiff in this case.
Therefore, the Default Judgment of the Plaintiff in this matter and an order entered awarding the relief requested in the Motion for Default Judgment in favor of the Plaintiff Lyons of said real property 1194 Camelot, Pinckney, Michigan, with complete and clear title to said real property, and immediate possession be granted to Plaintiff.
RESPECTFULLY SUBMITTED,
_________________________________
GEORGE EDWARD LYONS-PLAINTIFF
11994 Weiman
Pinckney, Michigan
734-954-4040
http://findingjusticeforpeople.blogspot.com/
State of Michigan
In the Livingston County Circuit Court
204 S. Highlander Way, Howell, Michigan 48843
517-546-9816
George Edward Lyons,
11994 Weiman
Pinckney, Michigan 48169
734-954-4040
Plaintiff,
vs.
James Brady a single man,
1194 Camelot,
Pinckney, Mi.48169
Phone unavailable
Defendants,
DEFENDANT’S ATTORNEY
Attorney for Defendant
Douglas J. Cameron
McCririe & Cameron Attorneys and Counselors
317 W. Main St.Brighton, MI 48116810-229-6167
POSSIBLE OTHER DEFENDANTS
Karl and Marian Kopp, husband and wife
Case no. 04-020652-CF-B LYONS V. KOPP
Case No.: 07-23338-CH
Hon. Judge Latreille
Judge Stanley Latreille Granting Partial Default Judgment against Defendant James Brady and Karl F. Kopp and Marian J. Kopp for possession of 1194 Camelot, Pinckney, Michigan 48169 and granting possession and acquiring Title on 1194 Camelot, Pinckney, Mi. from the Plaintiff George Edward Lyons
PARTIAL DEFAULT JUDGMENT AGAINST DEFENDANT JAMES BRADY AND PAST DEFENDANTS KARL F. KOPP AND MARIAN J. KOPP AND COMPLETE ACQUIRING OF TITLE FOR SAID PROPERTY LOCATED AT 1194 CAMELOT, PINCKNEY, MICHIGAN 48169 FOR PLAINTIFF GEORGE EDWARD LYONS AND THAT ANY AND ALL CLOUDS AND OR LIENS ON THE TITLE SHALL BE REMOVED.
AT A SESSION OF SAID COURT HELD IN THE COURTHOUSE IN THE CITY OF HOWELL, COUNTY OF LIVINGSTON, AND THE STATE OF MICHIGAN, ON _________________THIS____ DAY OF DECEMBER________________2008.
PRESENT: HONORABLE STANLEY LATREILLE, CIRCUIT COURT JUDGE.
Defendant James Brady a single man and Past Defendants Karl F. Kopp and Marian J. Kopp having been served with a copy of this Complaint and having been defaulted and notified thereof with notice of this hearing and the Court otherwise fully advised in this matter.
This matter brought before this Court by the Plaintiff GEORGE EDWARD LYONS, a motion for partial Default Judgment against Defendant JAMES BRADY a single man and past Defendants KARL F. KOPP AND MARIAN J. KOPP, husband and wife and from here-on-in known only as KARL F. KOPP AND MARIAN KOPP, matrimonial titles withstanding, acquiring title to Plaintiff GEORGE EDWARD LYONS real estate, a Default having been previously ordered and this Court otherwise fully advised in the premises:
NOW THEREFORE, IT IS HEREBY ORDERED that a Partial Default Judgment in favor of the Plaintiff GEORGE EDWARD LYONS against Defendant JAMES BRADY a single man and Past Defendants KARL F. KOPP AND MARIAN J. KOPP and removing any and all claims.
And removing any and all claims of liens and or Interest filed as recorded by the Defendant JAMES BRADY and Past Defendants KARL F. KOPP AND MARIAN J. KOPP against the Plaintiff GEORGE EDWARD LYONS' property located at 1194 CAMELOT, PINCKNEY, MICHIGAN 48169 also known as the Legal Real Property described below to be hereby granted and returned to GEORGE EDWARD LYONS as the original and rightful sole owner of said property.
ALSO KNOWN AS PARCEL 28, 29, and 30 of Camelot Shores No. 3 and also known as 1194 Camelot, Pinckney, Michigan 48169.
IT IS FURTHER GRANTED AND ORDERED that the Claims of Interest filed by the Defendant JAMES BRADY A SINGLE MAN AND PAST DEFENDANTS KARL F. KOPP AND MARIAN J. KOPP THAT ANY AND ALL CLAIMS OR INTEREST IN PLAINTIFF GEORGE EDWARD LYONS ON PROPERTY DESCRIBED ABOVE ARE REMOVED AND RENDERED NULL AND VOID.
IT IS FURTHER GRANTED AND ORDERED ON MARCH 18, 1994 ON LIBER 1809, Page 0523 March 18, 1994 and on tax roll no. 14-36-301-406, 14-36-301-046 Livingston County Records, affecting Plaintiff GEORGE EDWARD LYONS PROPERTY DESCRIBED ABOVE 1194 CAMELOT, PINCKNEY, MICHIGAN 48169 IS HEREBY DISCHARGED, set aside, removed, and declared null and void.
IT IS FURTHER GRANTED AND ORDERED ON MAY 19, 2005 ON LIBER 4824, Pages 0969 and 0970 and 0971 and 0972 tax roll no. 14-36-301-046, Livingston County Records, affecting Plaintiff GEORGE EDWARD LYONS PROPERTY AS DESCRIBED ABOVE 1194 CAMELOT, PINCKNEY, MICHIGAN 48169 IS HEREBY DISCHARGED, set aside, removed, and declared null and void.
IT IS FURTHER GRANTED AND ORDERED ON FEBRUARY 06, 2006 ON LIBER 5032, Page 454 tax roll no. 14-36-301-046, Livingston County Records, affecting Plaintiff GEORGE EDWARD LYONS PROPERTY AS DESCRIBED ABOVE 1194 CAMELOT, PINCKNEY, MICHIGAN 48169 IS HEREBY DISCHARGED, set aside, removed, and declared null and void.
IT IS FURTHER GRANTED AND ORDERED ON FEBRUARY 10, 2006 ON LIBER 5035, Page 883 tax roll no. 14-36-301-046, Livingston County Records, affecting Plaintiff GEORGE EDWARD LYONS PROPERTY AS DESCRIBED ABOVE 1194 CAMELOT, PINCKNEY, MICHIGAN 48169 IS HEREBY DISCHARGED, set aside, removed, and declared null and void.
IT IS FURTHER GRANTED AND ORDERED that any other liens, claims, interest or any other documents filed by, or on the behalf of Defendant James Brady, and past Defendants Karl F. Kopp and Marian J. Kopp and or their Family members or legal representatives against the Plaintiff is hereby discharged, set aside, removed and declared null and void.
IT IS FURTHER GRANTED AND ORDERED AND ADJUDGED that any and all claims recorded by the Defendant JAMES BRADY a single man and past Defendants KARL F. KOPP AND MARIAN J. KOPP in the office of the Register of Deeds for the County of Livingston, State of Michigan against the above described real estate be and hereby are set aside and discharged, specifically including the any and all records.
IT IS FURTHER GRANTED AND ORDERED AND ADJUDGED that any and all claims recorded by the Defendant JAMES BRADY a single man and past Defendants KARL F. KOPP AND MARIAN J. KOPP be hereby enjoined from recording with the Livingston County Register of Deeds any further documents against the above described real estate of any or any other real estate owned by Plaintiff or his companies or his family members without first obtaining leave of the Court.
IT IS FURTHER GRANTED AND ORDERED AND ADJUDGED that any and all claims recorded by the Defendant JAMES BRADY a single man and past Defendants KARL F. KOPP AND MARIAN J. KOPP, is enjoined from entering on the above-described real estate and any real estate owned by the Plaintiff George Edward Lyons, his companies or family members. THAT ANY AND ALL CLOUDS AND OR LIENS ON THE TITLE SHALL BE REMOVED.
IT IS FURTHER GRANTED AND ORDERED AND ADJUDGED that any and all claims recorded by the Defendant JAMES BRADY a single man and past Defendants KARL F. KOPP AND MARIAN J. KOPP, there are no monies/money or fees owed to the Defendant JAMES BRADY a single man and past Defendants KARL F. KOPP AND MARIAN KOPP OR THERE FAMILIES OR THEIR COMPANIES OR LEGAL REPRESENTATIVES BY THE PLAINTIFF GEORGE EDWARD LYONS OR HIS FAMILY, COMPANIES, OR HIS LEGAL REPRESENTATIVES.
IT IS SO ORDERED
Date: ________________________
______________________________
Hon. Judge Stanley Latreille
Circuit Court Judge of Livingston
County, Michigan
