TD BANK COMMERCE BANK TD BANK SAFE DEPOSIT BOX VIOLATED in 2007 and 2012. TD BANK COMPELED WITH MERCK , GLENCORD BUILDING CORP, STATE FARM INSURANCES, AND HIS ACCOMPLICES IN CRIMINAL ACTS! New York New York
TD BANK SAFE DEPOSIT BOX VIOLATED in 2007 and 2012.
TD BANK COMPELED WITH MERCK COMP., GLENCORD BUILDING CORP., RISK MENAGEMENT PLANING GROUP, STATE FARM INSURANCES , and ACCOMPLICES IN CRIMINAL ACTS!
CONSUMER NEGLECT,
POOR CUSTOMER CARE,
UNFAIR PRACTICE,
BREACH OF CONTRACT
Should the currency of our value be monetary?
In 2007 I had a safe deposit at Commerce Bank, now TD BANK.
On October 2007, I discovered that somebody falsified my signature, stole important evidences to be used in court, and personal staff. Somebody stole one of my keys from my safety place, and replaced it with a fake one . I lived alone, and I believed that nobody knew where my keys were.
TD Bank (Commerce Bank) accepted their negligence in 2007, changed immediately the safe deposit box, and promised an investigation.
I did a writing complaint , and TD Bank ,promised me an investigation. Since, Commerce Bank, TD Bank NEVER answered at my request who falsified my signature ( Exhibit Pg. 1), and who stole important evidences from my safe deposit box , even I requested it many times ( Exhibit Pg. 2, 3). (* Exhibits at request).
Many pictures, the USB memories cards, and evidences with a 17th Century painting were stolen. Also, many evidences were falsified or decolorized. I closed that box. The Glencord peopel stole contacts evidences from box at their mercy, and make the Glencord's lawyers Robert Kahn and Augustin Jacobson to falsify the truth under oath at their mercy ( my complanit in Ripoff Report filed on 8/20/2013)
Due to a vulnerable environment I bought another safe deposit box at TD Bank in 2012, and again the illegal acts happened.
Again the vital documents disappeared from my safe deposit box at TD Bank . Only a few examples:
MY CASE AGAINST MERCK COMPANY WAS DISMISSED in Easter District of Louisiana by judge Fallon only because my corrupted bankruptcy lawyer Mr. Stuart Davis refused to add Merck in Schedule B, as possible asset. This was the alone impediment for Judge Fallon to grant my complaint :
|
” […Agripina “ ] also suggest some desire to reopen her bankruptcy proceedings to cure the omission”…. ” furthermore, while “‘ Agripina”] makes some reference to reopening her bankruptcy proceeding, and states in an affidavit that she will do so in the future( rec. doc. 63982-1 at2), she has not actually made any attempt to do so ( other than writing a letter to her former attorney) at this time “ Judge Fallon order July 25, 2012, pg. 3, and 5. |
Honorable Judge Fallon said in his Order dated July 25, 2012- Pg. 5.
[“Agripina”] essentially argues that from her perspective, the nondisclosure was ”inadvertent” because she relied on her bankruptcy attorney to make the correct disclosure and he failed to do so“.
It was inadvertent, calculated by my lawyers and Defendant’ s Merck together. He was preoccupied to use double evidences, to inflated the amount, and to add 10 more creditors. This is what I discovered in August 2012, when I reopened the bancruptcy case.
The District Court ignored my Notice of Motion for Reconsideration, where the Bankruptcy Court granted to reopen the case ( In August 2012 ), and to add Merck as asset. Later, between appeal in Fifth Circuit Court , I provided inclusive the Trustee’s Abandonment. So Merck is not anymore LEGALLY in ESTOPPEL .
Additionally, the on November 29, 2012 I received from ”Trustee” a: ” NOTICE OF ABANDONMENT OF PROPRIETY TO ALL CREDITORS, THE DEBTOR, AND OTHER INTERESTED PARTIES “ where said: ” PLEASE TAKE NOTICE, that effectively November 29, 2012 (the ” Abandonment Date”), Ian J. Gazes, Chapter 7 Trustee ( the ”Trustee”) of the above captioned bankruptcy case of “ Agripina” ( the “Debtor”), will be deemed to have abandoned to the Debtor, pursuant to 11 U.S.C. & 554(a) and Fed. R. Bankr. P. 6007 , the following propriety
All of the Trustee’s right, title and interest, if any, in each of the proceedings set forth on the Debtor’s Amended Schedule “B” ( the “Proceedings”) – (Pl. App. Record- Excerpts, EXHIBIT4, – Pg. 1, 2, 3)".
I did not come in this country for somebody money. I came to work, and to build a beautiful life, far away from my small communist country, but it was impossible due my greedy lawyers who used me as a credit card and did lawsuit with forgeries in my name, and exloited my pain and suffering in a deparavtion stile.
In conclusion, it was not only some desire to reopen the case, because I did in very short time between appeal. But Judge Fallon, in abuse of discretion denied my Motion for Reconsideration, and to appeal in Forma Paupris.
AND THEN CAME TD BANK , TO HELP MERCK AND HIS ACCOMPLICES WHO MAKE TO DISAPPEAR MY APPEAL FROM MY SAFE DEPOSIT BOX PAID WITH CREDIT CARD.
My copy of my Notice of Appeal against Merck Comp, sent on August 8, 2012, and filed on August 24, 2012 in Louisiana Court , cannot be find in court anymore in October 2012.
The attorney Robert Johnson Pro Se Curator, also cannot locate my appeal, and the Merck’s Law Firm STONE PIGMAN WALTHER WITTMAN L.L.C. , and the with his attorney counselor Dorothy H. Wimberley, refused to provide me a copy of my Notice of Appeal, to answer at my phones, faxes, emails.
Finally, only an email from the Law Firm Oldafather ( Pro Bono), saved the “ dirty” situation. On August 2012, Ms. Oldfather sent me in attachment my Notice of Appeal and my Motion in Foprma Paupers filed in court as DI ….. Otherwise, no any help from the District Court , or Merck’s lawyer who refused. ( Contemporaneous correspondence with the Eastern District of Louisiana , Merck’s lawyer, and Pro Se curator at request).
TD BANK CREATED WITH HIS ILLEGAL ACTS TO HELP MERCK AND OTHERS, A TOTALLY UNPLEASANT AND HOT HEALTHY ATMOSPHERE FOR MY APPEAL.
Finally, the Fifth Circuit Clerk gave me green line to prepare my brief and to submit again a Motion in Forma Paupers. I did all. I prepared my brief and exhibits in my appeal with Merck case, I served the Merck Company and I filed it in the court. The clerck told me that everything is OK. I was waiting for approvals in Fifth Circuit to sue in forma paupers.
No problems for Merck and his accomplices who can afford to pay people, and to falsify my brief, to vandalize my exhibits, my affidavits.
The court’s decision was in the defendant Merck’s favor. The decision was subject to the less stringent abuse of discretion standard.
My appeal was dismissed as per Ms. Rhonda M. Flowers, Deputy Clerk’s letter dated June 25, 2013 because of:
|
” The court has entered judgment under FED. R. APP. P.36. ( however, the opinion may yet contain typographical or printing errors which are subject to correction” (Exhibit Pg.3) |
And
|
….” The judgment entered provides that plaintiff –appellant pay to defendant –appellee the cost on appeal” (Exhibit Pg.3). |
The Court refused to see my robust evidences in support of my case. The Order said:
|
”The district court also denied “ Agripina” ’s motion for leave to proceed in forma pauperis. (IFP) on appeal. “ Agripina” now moves in this court for leave to proceed IFP on appeal. An IFP movant must demonstrate that she is pauper and that she will raise nonfrivolous issues on appeal “. The 5th Circuit Order, Pg. 2 .
|
I demonstrate in my Affidavit in support of my Notice of Motion in forma Pauperis that I am a pauper. I submitted an Affidavit ( 14 Pages) in support of my Notice of Motion for forma Paupers, as Document ID # 0051269377, filed on 11/19/2012, and for sure the court ignored to see my affidavit.
Also, why the court did not give me the chance to correct the “typographical or printing errors” , why Merck did not do any complaints for that "typographical or printing errors"?
Because were done intentionally, and criminally by Merck, especially do not be published, and to be a motif the truth do not be known .
Also, the Appellate Court Fifth Circuit abused in discretion when granted the defendant’s summary judgment and considered my case ” FRIVOLOUS”.
Actually, the inferior Court and Defendant Merck did not consider my case frivolous. To have heart surgery, to be at high risk at heart attack continually, to have multiple lacunars stroke, to be daily in medicine and with Nitroglycerine that means for the Fifth Circuit “frivolous”? Everything was at a Defendant’s Merck mercy:
The evidences with Vioxx were deleted by the pharmacist at Rainbow Pharmacy.
` The Subpoena Duces Tecum was ignored by pharmacist (Pl. App. Record- Excerpts, EXHIBIT 8, – Pg. 2).
The Oxford refused to answer at Subpeona Duces Tecun to bring evidence with Vioxx, (Pl. App. Record- Excerpts, EXHIBIT 8, Pg. 3),
My corrupted cardiologists ( who did heart surgery in 2005) refused for years to give me my medical records, same with another one from Nortyh Genmeral Hospital.
The Amazon Pharmacy refused to give me Nitroglycerine legal refill when I had an angina crisis (Pl. App. Record- Excerpts, EXHIBIT 9, Pg. 1).
My Notice of Appeal could not be found in inferior court for two months, (disappeared from my file), and Defendant Merck ignored my desperate request for a copy.
A hospital hide the blood under bed and gave me medicine to have stroke (Pl. App. Record- Excerpts, EXHIBIT 10 , Pg. 1, 2), another one refused to give me medication and falsified the medical report (Pl. App. Record- Excerpts, EXHIBIT 1, Pg. 1, 2, 3).
Preparing my Motion to recreate the Brief et all ( which was denied also ), I discovered that Plaintiff –Appellants’ Record Excerpts, are scanned in Fifth Circuit Court in total disorder, not how I sent them, and it was and is impossible to have accurateness between my Brief and Record Excerpts. Here posible to contribute and FedEx Office ( my complanit in Ripoff Report filed on 8/20/2013) All do not be published, and the truth to be hides.
Due to the TD Back negligence, the Court ordered to pay to Merck “cost on appeal”.
ALSO DUE TO THE TD BANK ILLEGAL ACTS , with his accomplices, was stole from my safe deposit box , my X Rays for my broken ankle accident in 2003. The case was handled by my two lawyers who : one breached the contact ( attorney Mitchell R. Friedma-( my complanit in Ripoff Report filed on 8/14/2013) ), and the second one lost the statute of limitation ( attoreny Bruce Teperman- ( my complanit in Ripoff Report filed on 8/22/2013)).
In August 2012 , the Risk Management Planning Group lawyer, sent me a letter and asked me the original X Ray if I want them to fix the hospital malpractice and negligence. When I went at TD Bank to take my X Ray, they were already stolen. The Risk Management Planning Group knew I cannot produce for this asked me.
ALSO, TD BANK HELPED STATE FARM INSURANCE( my complanit in Ripoff Report filed on 8/26/2013) , GLENCORD BUILDING CORP, AND HIS ACCOMPLICES to stole and falsify evidences regarding a 17 Century painting, very damaged due to the two steam explosion, now in my ex-landlord’s hands.
The TD Bank’s negligence make GLENCORD BUILDING CORP., to afford, and to steal very important documents, to delete evidences at their mercy, to control everything inclusive my Oxygen, and to poison me with Crabon Monoxide and toxic gases.
Many times I arrived in Emergency Room poisoned by these above the law people, who can afford to cover almost everything.
How is possible in UNITED STATES OF AMERICA to buy a safe deposit box at TD( Chase, Capital One ) BANK, and to be violated without shame?
I filed in January 2013 a motion to amend my Complaint in my personal injury case with carbon monoxide and toxic gases.
The Non Party Defendant TD Bank Law Firm Zeichener Ellman & Krause LLP, is totally against my legal right to Amend my Complaint . Same with Non Party Chase, Capital One, Quest ( my complanit in Ripoff Report filed on 8/12/2013).
New York courts have held that the amendment of a pleading should be freely granted by a court. See, Kushner v. Queens Transit, 97 AD2d 432 (2d Dept. 1983); Sotomayor v. Princeton Ski Outlet Corp., 199 AD2d 197 (1st Dept. 1993). It is also well established law that a motion to amend a pleading should be freely given absent of a showing by an opposing party of surprise or prejudice. Zacher v. Oakdale Islandia Ltd. Partnership, 211 AD2d 712 (2d Dept. 1995); Santori v. Met Life, 11 AD3d 597 (2d Dept. 2004).
Also, the standard on ruling on motions for leave to amend is a fairly liberal one. See Howard v. County of San Diego (2010) 184 Cal. App. 4th 1422, 1428 (the policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified).
Supplementary, the “ Federal Courts have recognized the generous standard in Rule 15(a). In fact United States Supreme Court has declared that the purpose of this policy is primarily because the Courts favor giving a Plaintiff the opportunity to “ test his claim on the merits” Foman v. Davis, 371 U.S.178, 182 (1962). In other words, a party should be given his “ day in Court”- Article Source: http://EnineArticles.com/781220.
THIS IS A RIGHT GIVEN BY AMERICAN CONSTITUTION: "Where rights secured by the Constitution are involved, there can be no 'rule making' or legislation which would abrogate them. "Norton v. Shelby County, 118 U.S. 425 p. 442.
The literature said that the Defendants don't usually oppose since it gives them a chance to demurrer to the complaint.
Unfortunately, because my lawyers did forgery lawsuit in my name , I am Pro Se.
I do not understand why well paid and with huge experience NON PARTY DEFENDANT TD BANK lawyers are against my motion to amend my complaint?
I accuse TD bank for :
TD BANK SAFE DEPOSIT BOX VIOLATED in 2007 AND 2012. CONTRIBUTORY NEGLIGENCE IN CASE WITH MERCK, RISK MANAGEMENT PLANNING GROUP, STATE FARM INSURANCES, GLENCORD BUILDING CORP.
CONSUMER NEGLECT, POOR CUSTOMER CARE, UNFAIR PRACTICE, BREACH OF CONTRACT, TORT.
TD BANK COMPLED WITH MERCK COMP., GLENCORD BUILDING CORP., RISK MENAGEMENT PLANING GROUP, STATE FARM INSURANCES AND ACCOMPLICES IN CRIMINAL ACTS!
TD Bank and his accomplices ruined my heath intentionally, deliberately , motivated to satisfy their greed for money. TD Bank, Merck et al., worked in organized group, and they have commune their arrogance, impertinence for American Justice, American Law, and total lack of respect for me as human been.
TD Bank and his accomplices fraud American Government with his illegal acts toward me.
TD Bank is not a stranger at my many poisonings with Carbon Monoxide done by Glencord Building Corp ( my complanit in Ripoff Report filed on 8/20/2013)and his ACCOMPLICES :
TD BANK SAFE DEPOSIT BOX VIOLATED in 2007 and 2012.
TD BANK COMPELED WITH MERCK COMP., GLENCORD BUILDING CORP., RISK MENAGEMENT PLANING GROUP, STATE FARM INSURANCES , and ACCOMPLICES IN CRIMINAL ACTS!
CONSUMER NEGLECT,
POOR CUSTOMER CARE,
UNFAIR PRACTICE,
BREACH OF CONTRACT
Should the currency of our value be monetary?
In 2007 I had a safe deposit at Commerce Bank, now TD BANK. On October 2007, I discovered that somebody falsified my signature, stole important evidences to be used in court, and personal staff. Somebody stole one of my keys from my safety place, and replaced it with a fake one . I lived alone, and I believed that nobody knew where my keys were.
TD Bank (Commerce Bank) accepted their negligence in 2007, changed immediately the safe deposit box, and promised an investigation.
I did a writing complaint , and TD Bank ,promised me an investigation. Since, Commerce Bank, TD Bank NEVER answered at my request who falsified my signature ( Exhibit Pg. 1), and who stole important evidences from my safe deposit box , even I requested it many times ( Exhibit Pg. 2, 3). (* Exhibits at request).
Many pictures, the USB memories cards, and evidences with a 17th Century painting were stolen. Also, many evidences were falsified or decolorized. I closed that box. The Glencord peopel stole contacts evidences from box at their mercy, and make the Glencord's lawyers Robert Kahn and Augustin Jacobson to falsify the truth under oath at their mercy ( my complanit in Ripoff Report filed on 8/20/2013)
Due to a vulnerable environment I bought another safe deposit box at TD Bank in 2012, and again the illegal acts happened.
Again the vital documents disappeared from my safe deposit box at TD Bank . Only a few examples:
MY CASE AGAINST MERCK COMPANY WAS DISMISSED in Easter District of Louisiana by judge Fallon only because my corrupted bankruptcy lawyer Mr. Stuart Davis refused to add Merck in Schedule B, as possible asset. This was the alone impediment for Judge Fallon to grant my complaint :
|
” […Agripina “ ] also suggest some desire to reopen her bankruptcy proceedings to cure the omission”….
” furthermore, while “‘ Agripina”] makes some reference to reopening her bankruptcy proceeding, and states in an affidavit that she will do so in the future( rec. doc. 63982-1 at2), she has not actually made any attempt to do so ( other than writing a letter to her former attorney) at this time “
Judge Fallon order July 25, 2012, pg. 3, and 5. |
Honorable Judge Fallon said in his Order dated July 25, 2012- Pg. 5.
|
[“Agripina”] essentially argues that from her perspective, the nondisclosure was ”inadvertent” because she relied on her bankruptcy attorney to make the correct disclosure and he failed to do so“. |
It was inadvertent, calculated by my lawyers and Defendant’ s Merck together. He was preoccupied to use double evidences, to inflated the amount, and to add 10 more creditors. This is what I discovered in August 2012, when I reopened the bancruptcy case.
The District Court ignored my Notice of Motion for Reconsideration, where the Bankruptcy Court granted to reopen the case ( In August 2012 ), and to add Merck as asset. Later, between appeal in Fifth Circuit Court , I provided inclusive the Trustee’s Abandonment. So Merck is not anymore LEGALLY in ESTOPPEL .
Additionally, the on November 29, 2012 I received from ”Trustee” a: ” NOTICE OF ABANDONMENT OF PROPRIETY TO ALL CREDITORS, THE DEBTOR, AND OTHER INTERESTED PARTIES “ where said: ” PLEASE TAKE NOTICE, that effectively November 29, 2012 (the ” Abandonment Date”), Ian J. Gazes, Chapter 7 Trustee ( the ”Trustee”) of the above captioned bankruptcy case of “ Agripina” ( the “Debtor”), will be deemed to have abandoned to the Debtor, pursuant to 11 U.S.C. & 554(a) and Fed. R. Bankr. P. 6007 , the following propriety
All of the Trustee’s right, title and interest, if any, in each of the proceedings set forth on the Debtor’s Amended Schedule “B” ( the “Proceedings”) – (Pl. App. Record- Excerpts, EXHIBIT4, – Pg. 1, 2, 3)".
I did not come in this country for somebody money. I came to work, and to build a beautiful life, far away from my small communist country, but it was impossible due my greedy lawyers who used me as a credit card and did lawsuit with forgeries in my name, and exloited my pain and suffering in a deparavtion stile.
In conclusion, it was not only some desire to reopen the case, because I did in very short time between appeal. But Judge Fallon, in abuse of discretion denied my Motion for Reconsideration, and to appeal in Forma Paupris.
AND THEN CAME TD BANK , TO HELP MERCK AND HIS ACCOMPLICES WHO MAKE TO DISAPPEAR MY APPEAL FROM MY SAFE DEPOSIT BOX PAID WITH CREDIT CARD.
My copy of my Notice of Appeal against Merck Comp, sent on August 8, 2012, and filed on August 24, 2012 in Louisiana Court , cannot be find in court anymore in October 2012.
The attorney Robert Johnson Pro Se Curator, also cannot locate my appeal, and the Merck’s Law Firm STONE PIGMAN WALTHER WITTMAN L.L.C. , and the with his attorney counselor Dorothy H. Wimberley, refused to provide me a copy of my Notice of Appeal, to answer at my phones, faxes, emails.
Finally, only an email from the Law Firm Oldafather ( Pro Bono), saved the “ dirty” situation. On August 2012, Ms. Oldfather sent me in attachment my Notice of Appeal and my Motion in Foprma Paupers filed in court as DI …..
Otherwise, no any help from the District Court , or Merck’s lawyer who refused. ( Contemporaneous correspondence with the Eastern District of Louisiana , Merck’s lawyer, and Pro Se curator at request).
TD BANK CREATED WITH HIS ILLEGAL ACTS TO HELP MERCK AND OTHERS, A TOTALLY UNPLEASANT AND HOT HEALTHY ATMOSPHERE FOR MY APPEAL.
Finally, the Fifth Circuit Clerk gave me green line to prepare my brief and to submit again a Motion in Forma Paupers. I did all. I prepared my brief and exhibits in my appeal with Merck case, I served the Merck Company and I filed it in the court. The clerck told me that everything is OK. I was waiting for approvals in Fifth Circuit to sue in forma paupers.
No problems for Merck and his accomplices who can afford to pay people, and to falsify my brief, to vandalize my exhibits, my affidavits.
The court’s decision was in the defendant Merck’s favor. The decision was subject to the less stringent abuse of discretion standard.
My appeal was dismissed as per Ms. Rhonda M. Flowers, Deputy Clerk’s letter dated June 25, 2013 because of:
|
” The court has entered judgment under FED. R. APP. P.36. ( however, the opinion may yet contain typographical or printing errors which are subject to correction” (Exhibit Pg.3) |
And
|
….” The judgment entered provides that plaintiff –appellant pay to defendant –appellee the cost on appeal” (Exhibit Pg.3). |
The Court refused to see my robust evidences in support of my case. The Order said:
|
”The district court also denied “ Agripina” ’s motion for leave to proceed in forma pauperis. (IFP) on appeal. “ Agripina” now moves in this court for leave to proceed IFP on appeal. An IFP movant must demonstrate that she is pauper and that she will raise nonfrivolous issues on appeal “. The 5th Circuit Order, Pg. 2 .
|
I demonstrate in my Affidavit in support of my Notice of Motion in forma Pauperisthat I am a pauper. I submitted an Affidavit ( 14 Pages) in support of my Notice of Motion for forma Paupers, as Document ID # 0051269377, filed on 11/19/2012, and for sure the court ignored to see my affidavit.
Also, why the court did not give me the chance to correct the “typographical or printing errors” , why Merck did not do any complaints for that "typographical or printing errors"?
Because were done intentionally, and criminally by Merck, especially do not be published, and to be a motif the truth do not be known .
Also, the Appellate Court Fifth Circuit abused in discretion when granted the defendant’s summary judgment and considered my case ” FRIVOLOUS”.
Actually, the inferior Court and Defendant Merck did not consider my case frivolous. To have heart surgery, to be at high risk at heart attack continually, to have multiple lacunars stroke, to be daily in medicine and with Nitroglycerine that means for the Fifth Circuit “frivolous”? Everything was at a Defendant’s Merck mercy:
The evidences with Vioxx were deleted by the pharmacist at Rainbow Pharmacy.
`The Subpoena Duces Tecum was ignored by pharmacist (Pl. App. Record- Excerpts, EXHIBIT 8, – Pg. 2).
The Oxford refused to answer at Subpeona Duces Tecun to bring evidence with Vioxx, (Pl. App. Record- Excerpts, EXHIBIT 8, Pg. 3),
My corrupted cardiologists ( who did heart surgery in 2005) refused for years to give me my medical records, same with another one from Nortyh Genmeral Hospital.
The Amazon Pharmacy refused to give me Nitroglycerine legal refill when I had an angina crisis (Pl. App. Record- Excerpts, EXHIBIT 9, Pg. 1).
My Notice of Appeal could not be found in inferior court for two months, (disappeared from my file), and Defendant Merck ignored my desperate request for a copy.
A hospital hide the blood under bed and gave me medicine to have stroke (Pl. App. Record- Excerpts, EXHIBIT 10 , Pg. 1, 2), another one refused to give me medication and falsified the medical report (Pl. App. Record- Excerpts, EXHIBIT 1, Pg. 1, 2, 3).
Preparing my Motion to recreate the Brief et all ( which was denied also ), I discovered that Plaintiff –Appellants’ Record Excerpts, are scanned in Fifth Circuit Court in total disorder, not how I sent them, and it was and is impossible to have accurateness between my Brief and Record Excerpts. Here posible to contribute and FedEx Office ( my complanit in Ripoff Report filed on 8/20/2013) All do not be published, and the truth to be hides.
Due to the TD Back negligence, the Court ordered to pay to Merck “cost on appeal”.
ALSO DUE TO THE TD BANK ILLEGAL ACTS , with his accomplices, was stole from my safe deposit box , my X Rays for my broken ankle accident in 2003. The case was handled by my two lawyers who : one breached the contact ( attorney Mitchell R. Friedma-( my complanit in Ripoff Report filed on 8/14/2013) ), and the second one lost the statute of limitation ( attoreny Bruce Teperman- ( my complanit in Ripoff Report filed on 8/22/2013)).
In August 2012 , the Risk Management Planning Group lawyer, sent me a letter and asked me the original X Ray if I want them to fix the hospital malpractice and negligence. When I went at TD Bank to take my X Ray, they were already stolen. The Risk Management Planning Group knew I cannot produce for this asked me.
ALSO, TD BANK HELPED STATE FARM INSURANCE( my complanit in Ripoff Report filed on 8/26/2013) , GLENCORD BUILDING CORP, AND HIS ACCOMPLICES to stole and falsify evidences regarding a 17 Century painting, very damaged due to the two steam explosion, now in my ex-landlord’s hands.
The TD Bank’s negligence make GLENCORD BUILDING CORP., to afford, and to steal very important documents, to delete evidences at their mercy, to control everything inclusive my Oxygen, and to poison me with Crabon Monoxide and toxic gases.
Many times I arrived in Emergency Room poisoned by these above the law people, who can afford to cover almost everything.
How is possible in UNITED STATES OF AMERICA to buy a safe deposit box at TD( Chase, Capital One ) BANK, and to be violated without shame?
I filed in January 2013 a motion to amend my Complaint in my personal injury case with carbon monoxide and toxic gases.
The Non Party Defendant TD Bank Law Firm Zeichener Ellman & Krause LLP, is totally against my legal right to Amend my Complaint . Same with Non Party Chase, Capital One, Quest ( my complanit in Ripoff Report filed on 8/12/2013).
New York courts have held that the amendment of a pleading should be freely granted by a court. See, Kushner v. Queens Transit, 97 AD2d 432 (2d Dept. 1983); Sotomayor v. Princeton Ski Outlet Corp., 199 AD2d 197 (1st Dept. 1993). It is also well established law that a motion to amend a pleading should be freely given absent of a showing by an opposing party of surprise or prejudice. Zacher v. Oakdale Islandia Ltd. Partnership, 211 AD2d 712 (2d Dept. 1995); Santori v. Met Life, 11 AD3d 597 (2d Dept. 2004).
Also, the standard on ruling on motions for leave to amend is a fairly liberal one. See Howard v. County of San Diego (2010) 184 Cal. App. 4th 1422, 1428 (the policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified).
Supplementary, the “ Federal Courts have recognized the generous standard in Rule 15(a). In fact United States Supreme Court has declared that the purpose of this policy is primarily because the Courts favor giving a Plaintiff the opportunity to “ test his claim on the merits” Foman v. Davis, 371 U.S.178, 182 (1962). In other words, a party should be given his “ day in Court”- Article Source: http://EnineArticles.com/781220.
THIS IS A RIGHT GIVEN BY AMERICAN CONSTITUTION: "Where rights secured by the Constitution are involved, there can be no 'rule making' or legislation which would abrogate them. "Norton v. Shelby County, 118 U.S. 425 p. 442.
The literature said that the Defendants don't usually oppose since it gives them a chance to demurrer to the complaint.
Unfortunately, because my lawyers did forgery lawsuit in my name , I am Pro Se.
I do not understand why well paid and with huge experience NON PARTY DEFENDANT TD BANK lawyers are against my motion to amend my complaint?
I accuse TD bank for :
TD BANK SAFE DEPOSIT BOX VIOLATED in 2007 AND 2012.
CONTRIBUTORY NEGLIGENCE IN CASE WITH MERCK, RISK MANAGEMENT PLANNING GROUP, STATE FARM INSURANCES, GLENCORD BUILDING CORP.
CONSUMER NEGLECT, POOR CUSTOMER CARE, UNFAIR PRACTICE, BREACH OF CONTRACT, TORT.
TD BANK COMPLED WITH MERCK COMP., GLENCORD BUILDING CORP., RISK MENAGEMENT PLANING GROUP, STATE FARM INSURANCES AND ACCOMPLICES IN CRIMINAL ACTS!
TD Bank and his accomplices ruined my heath intentionally, deliberately , motivated to satisfy their greed for money. TD Bank, Merck et al., worked in organized group, and they have commune their arrogance, impertinence for American Justice, American Law, and total lack of respect for me as human been.
TD Bank and his accomplices fraud American Government with his illegal acts toward me.
TD Bank is not a stranger at my many poisonings with Carbon Monoxide done by Glencord Building Corp ( my complanit in Ripoff Report filed on 8/20/2013)and his ACCOMPLICES :
TD Bank and his accomplices gave me the worst days in my life.
I DECLARE UNDER PENALTY OF PERJURY THAT ALL MY AFFIRMATIONS IN THIS REPORTARE TRUES.
PLEDGE FOR JUSTICE!
INJUSTICE HURTS!
Sincerely,
AGRIPINA
TD BANK and his accomplices insult theAmerican Justice!
TD BANK USED TO HAVE A FALSE ADVERTASING " SAFE DEPOSIT BOX - INVEST A LITLLE , SAVE A LOT"!
From my experience totally untrue!
Sincerely,
AGRIPINA
4 Updates & Rebuttals
Agripina
New York,New York,
100% true!
#5Author of original report
Wed, September 04, 2013
Dear Ken
Anyway thank you again. If you do not have capacity to see in my report the accuratece of my informationshooks not to late to go back to school, and after judge!
Sincerely,
Agripina
Agripina
New York,New York,
AGRIPINA'S MEA CULPA!
#5Author of original report
Wed, September 04, 2013
Mea culpa again!
Sorry if my reports are longer.
If I would have more time, and a not hostile environment for sure I could write less.
So far I am a normal person, I fight for my justice.
Please consider the Repprts on Ripoff as the TV Chanels. Read only you like and ignore my reports.
Infinite thank you,
Agripina
Ken
Colorado,You are almost certainly the looniest person, ever to post on Ripoff Report...
#5Consumer Comment
Wed, September 04, 2013
According to you, EVERYONE you meet is involved in a conspiracy against YOU.
If all you post is even close to true, you should just go play in traffic.
Tyg
Pahrump,Nevada,
a court order...
#5General Comment
Wed, September 04, 2013
Did you check with TD bank to see if they recieved a lawful court order that allows someone else access to your safty deposit box?? You are claiming that TD bank and all these other companies are "conspiring" against you. When it may even be simpler then you are making it. If you were in a court case at the time of the disappearance your bank may have been served with a court order that allows access to your safty box. ANYTHING that was taken was taken as EVIDENCE!!! Which means that it would have to be logged if it was to be used in court. Which means you could also apply for a motion of discovery. Instead of ranting why not check this out. And once again RETAIN A REAL LAWYER!!!! You have the right to defend yourself, but a lawyer has years of schooling plus years of experience. You are doing yourself a disservice if you dont. Which means we will have to see your long drawn out reports until you get some form of justice. Although given that your only avenue is to rant online like a psycho, that may be the only justice you are able to get. They are so big that your complaint is beneth them. And anyone doing a search on these companies are going to see ALL your posts. Your posting so much that other ppl who have complaints are lost under yours.