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WAZI

Old Man Sorcerer of the North

Resolution




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and you will be able to move past resolution.






Sun 8.22


Third in a series of documents gathered from the planet Earth about one of its many species, human beings, a species particularly ill suited for the planet they inhabited. In this document of the low level bureaucrat/attorney and the seeress, earth year 2010, the situation has deteriorated to a point where civility has all but vanished. Read the document with an appreciation for complexity of the exchange. What of the seeress, a person who sees, a curandera, as attorney Fernandez, himself a Spanish speaker would have it? How did she see, and when? What did she see? Be aware of the symbolic language, like the seeress' "entryway," and the attorney's demand for ACCESS.

from Geovanny Fernandez
to LuhrenLoup
date Mon, Aug 9, 2010 at 8:19 PM
subject Re: ACCESS and USE AND OCCUPANCY and SETTLEMENT and ATTY FEES
mailed-by gmail.com
signed-by gmail.com

PLEASE TAKE NOTICE, as I have stated to you many times before, that RPAPL and related precedent permits personal service of Court/legal documents between 6:30AM to 10:30PM any day of week except Sunday. And so my attempts to deliver to you Court/legal documents at 10PM cannot be said to be "harrassment"-- and surely do not warrant your assault upon me with pot of water (on August 5, 2010 on or about 10PM) after I left/dropped/served legal document inside OPEN exit door without entering same exit door, after ringing bell several times, wherein same exit door is within public/building gated area to which the landlord has provided me with entrance key, together with authority to enter same gated area.

1. POSSESSION IS 9/10THS THE LAW: when there is no definitive proof of ownership, the person in possession of the item can keep it, by law. This "ownership" will remain in tact until it is proven otherwise. The term usually applies to property law. I and only I, and the people I invite, enter my passageway. No one comes to maintain it; it is my responsibility.
2. On 5/18/09, in Judge David Cohen's Court, you stood next to me as DHPD attorney told us that because of her aggressive behavior, landlord could not enter my entryway or any other area within my home to make repairs, the court's words, and I quote, ". . respondent agrees that none of the work entailed under the current order shall be conducted by the respondent, Ms. Aris personally." The work in question was that which was within my home. You tried at the time, to argue that the entryway was public property but the attorney shot you down, and landlord did indeed hire someone to make the repairs in my entryway. You had been told and knew that the entryway was private.
3. Over and above these arguments, is the irrefutable fact that I am responsible for the electricity in my entryway. You have broken into my home, Mr. Fernandez.
4. Is this harassment? Yes, and also criminal trespass. And I might add theft, as you walked off with my pot. With the entry door wide open, and me in my nightgown, what did you think you were doing? Especially considering your words in the 8/1/10 email, "This time application is by motion so I don't have to personally hand it to you . . "
PLEASE TAKE FURTHER NOTICE that IF YOU BELIEVE my efforts to deliver legal documents to you on behalf of the landlord at any time before 10:30PM (an all service of legal documents have been at 10:30PM or earlier, with most recent service completed at 10PM on Thursday, August 5, 2010 and prior service completed on on or about 9PM on Monday, July 19, 2010)-- rises to the level of harrassment, I very much encourage you to file an HP Harrassment action (you have done this before and so know how to proceed), or make application in Holdover Matter before Judge Capella for sanctions against landlord or me, or for other appropriate relief.

Alternatively, PLEASE TAKE NOTICE that my conduct is at all times govermed by the NYS Unified Court System and any complaint about by conduct as an attorney and/or Officer of the Court can be made through same agency's Website (www.nycourts.gov).

5. You would like more litigation? Mr. Fernandez, truth must be said at this point. The process of going to court is costly and time consuming for me, as well as being stressful, and so it is too for your client, landlord Aris. There is only one person who is profiting in these court hearings, going about his work and collecting money. You have accused me many times of wasting the court's time with my many cases. But there was only one HP action that I brought to court. You kept the proceedings going on for months with many court appearances until I had no choice but to file contempt charges because your client was not obeying court orders. As for the harassment, you and your client have been harassing me from the beginning in hopes that you would drive me out of my home. "Why would you want to live in an apartment with mold in it?" said Ms. Aris in Judge Capella's court. There have been 4, 5 inspections to investigate the mold in my backyard, and the mold continued to grow. I was sick in court and pleading with you and your client to correct the problem, and the mold continued to grow.
AS I TOO HAVE STATED TO YOU BEFORE, please know that interpretation of law is complicated. Accordingly, I very much encourage you to consult an attorney to secure your rights. If you cannot afford an attorney, you might qualify for free/or limited costs legal services by contacting the Court at 111 Centre Street, 2nd Floor, NY, NY.

5. There is much to learn, to be sure. I did discover that you erred when you stated, "Self represented parties are only (landlord will argue) entitled to costs." Please check Real Property Law 234 ŠTenant's Right to Recover Attorney's Fees in Actions or Summary Proceedings Arising out of Leases of Residential Property.
Separately, PLEASE TAKE NOTICE that your correspondence DID NOT address the June 2010 and July 2010 use and occupancy payments ordered by the Court, Judge Capella presiding, same payments being due June 15, 2010 and July 2010 respectively. I very much encourage you to make same payment BEFORE AUGUST 13, 2010, the return date of landlord's application for relief related to your breach of same Order of the Court, such that your time, Court resources, and landlord resources might be spared.

6. I have been asking for a rent stabilized lease since 11/9/09 and have yet to get a response. I cannot make a rent payment whose sum is unknown until I have a lease.
PLEASE TAKE FURTHER NOTICE that August 2010 use and occupancy payment is due Sunday, August 15, 2010 (however, same due date being a Sunday, landlord will accept same payment on Monday, August 16, 2010).

7. See point 6 above.
ADDITIONALLY, PLEASE TAKE NOTICE that your correspondence did not provide any ACCESS date to inspect and repair consistent with applicable law the alleged mold you continue to complain about (see your correspondence dated July 30, 2010). Accordingly, I herewith and herein am requesting-- ON BEHALF OF LANDLORD AND FOR A THIRD TIME-- ACCESS to your apartment to inspect same alleged mold complaint. Please contact me at phone number at your earliest convenience such that we can agree on ACCESS DATE AND TIME to your apartment to complete same inspection of alleged mold complaint.

8. Considering the abusive last email you sent me, your harassing behavior, breaking into my home, stealing my property, the many demands for inspections that did not bear fruit, your request to examine something that is not visible, your lack of expertise in the matter, and since landlord is not interested in inspecting the premises herself, I will wait for the court to appoint someone, perhaps an HPD inspector, to conduct the investigation. You have abused your power, and I no longer feel safe with you.
Geovanny Fernandez
Attorney At Law
1542 Leland Ave
P.O. Box 85
Bronx, NY 10460
phone: 718-813-7819
fax: 212-385-2418
email: geovanny@gmail.com

THIS IS AN ATTORNEY/CLIENT COMMUNICATION. IF YOU RECEIVED THIS MESSAGE IN ERROR, PLEASE DELETE AND CONTACT SENDER, GEOVANNY FERNANDEZ, ESQ., 718-813-7819. THANK YOU.

[This is an attempt to collect a debt. Any information obtained will be used for that purpose. Unless within 30 days of your receipt of this notice, you notify the above signed that you dispute the validity of this debt, it will be assumed to be correct. If you notify this office within thirty days that you dispute the validity of the debt, we will obtain verification of the debt or a copy of the judgment. If you request it within 30 days, we will provide you with the name and address of the original creditor (if different from the current creditor).]



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