Monday, October 7, 2013

Judicial Response to 8/15/13 Motion and Answer


Judicial Response and Father's Written Response will be uploaded shortly
 
 
COMMONWEALTH OF MASSACHUSETTS

THE TRIAL COURT

PROBATE AND FAMILY COURT DEPARTMENT

 

Plymouth Division                                                      Docket No.: PL06D-0566-DV1

 

 

 

______________________________

M. John Joseph,                                  )

            Plaintiff                                   )

                                                            )

                                                            )           RESPONSE TO PLAINTIFF’S

                        v.                                 )           AFFIDAVIT

                                                            )          

                                    )          

Laura Bonetzky-Joseph,                     )          

Defendant                               )          

            ______________________________)

 

I, Laura, Bonetzky-Joseph, submit the following response to Father’s Affidavit:

1.      TRUE

2.      TRUE

3.      FALSE as evidenced at trial. Mother did NOT do anything voluntary.

4.      FALSE.

a.       Mark Kaeys was unavailable and Mother cannot afford the excessive costs for supervised visits that were ordered as a direct result of Father being found guilty of violating over 90% of previous visitations despite court order. Same standards for Mother have not been applied to Father.

b.      Since January 2013, Mother has repeated pled with the court for assistance in this matter which Court did not.

5.      FALSE as evidenced at trial as well as by NUMEROUS pleas by Mother at every court hearing.

6.      FALSE

a.       This is a violation of Mother’s religious freedoms and constitutional rights. Mother considers the acts by Father to be a hate crime. 

b.      Attorney Arabasz was permitted by this court to grill Mother on her religion during trial for three out of the twelve hours of trial with no reprimands.

c.       The change of this courts stance on this case changed after this line of questioning of Mother’s religion was permitted by this court. 

d.      Mother’s religious actions are done during times that do not interfere with court or job search and are supported by her religious community.

e.       Father failed to mention Mother’s other religious volunteerism for Hospice, Numerous Animal Shelters, Breast Cancer, Beth Israel Hospital, and American Cancer Society where ANY proceeds and been donated NOT just this domestic abuser’s repeated threats and attacks on a local organization that specializes in interpersonal violence.

f.       Court ordered community service does interfere with job search since community service is during the week day three days a week not two as Father states which again is deliberately intended to mislead this court.

g.      Mother has lost out on four job offers due to community service.

h.      Mother has lost out on three job fairs due to community service. 

i.        Mother has lost out on job interviews as a direct result of community service.

j.        The community service is punitive in nature and serves NO remedial benefit.

k.      Exhibits have been altered to omit the truth. Dates have been changed and/or omitted from the copies to distort the facts.

l.        Mother asks the Courts to PLEASE place sanctions and penalties against Father and Attorney Arabasz for such gross distortion of facts. NOT to mention, this just adds to the proof of Mother’s pleas for assistance to put an end to the abuse, harassment, and stalking by Father and Attorney Arabasz. (It shall be noted that Attorney Arabasz once again VERBALLY assaulted and threatened Mother in the Courthouse in August 2013.)

m.    These actions by Father are NOT in the best interests of the children.

7.      TRUE

8.      FALSE

9.      FALSE – Mother seeks the Court’s assistance in putting an end to the abusive, threatening, and harassing conduct by Attorney Arabaz and Father and requests the court to place sanctions, penalties, and criminal charges for perjury in their deliberate attempts to mislead this Honorable Court and to cause deliberate malicious harm to Mother which is NOT in the best interests of the children.

10.  FALSE

11.  FALSE

12.  FALSE

a.       Mother is threatened with six months of incarceration if Mother does not comply with paying child support.

b.      The court did NOT address Mother’s repeated pleas for addressing visitation.

c.       Mother has not seen her children since August 3, 2011 by no fault of her own.

d.      Father violated over 90% of pervious visitation order and was found guilty of contempt. The same standards that have been applied to Mother have NOT been applied to Father and Mother was sanctioned by the courts for Father’s failures to comply with visitation orders.  Father was rewarded for his gross misconduct despite case laws to support Mother’s arguments.

13.  FALSE – Mother does NOT know what Father is talking about.

14.  FALSE

15.  FALSE as evidenced by Mother’s past 10yrs of income with a peak annual income of $16,000 in 2012. As a result of ongoing abuse by Father and his Attorney, Mother now suffers from PTSD as evidenced by numerous medical letters.

16.  FALSE

17.  FALSE –

a.       Father needs to be held accountable for his repeated distortion of facts that are abusive, harassing, defaming, slanderous, and malicious in intent and perjurous.

b.      Unemployment was initially denied and became retroactively approved as evidenced by Father’s checks on 9/3/13.

 

Father did NOT acknowledge the SAME FOURTH criminal complaint filed against Mother when Father failed to coerce this court to incarcerated Mother for six months while refusing 100% of evidence supplied during the July 10, 2013 hearing. Father filed the SAME complaint a FOURTH time in order to continue to discredit Mother in Family Court and to continue his repeated abuses of the legal system to cause malicious harm to Mother. However, this FOURTH criminal complaint was dismissed for the FOURTH time and Father was told he will not be allowed to file the complaint again.

 

Mother seeks restitution in this matter as Father has used these FALSE criminal complaints successfully against Mother in the past in this court to keep Mother from having any normal relationships with her children and to discredit her costing her many employment opportunities, good health, loss of any meaningful bonds or relationship with her children and her family, and so much more that unfortunately a court cannot place a value on. Father’s REPEATED abusive acts are consistently demonstrating to NOT be in the best interests of the children.

 

Father and his attorney testified in June 2013 and July 2013 that they will not be seeking any more legal fees because they know Mother doesn’t have any money or assets to draw from. I think that testimony in itself should refute their own affidavit and agenda.

 

Mr. Joseph has testified under oath on numerous occasions that he is “federally licensed by the federal government”, which is FALSE.  Father is not a licensed federal agent of the government as he claims to be. Father uses is Series 6, 63, and 26 securities investment broker’s license and his mortgage broker’s license to access Mother’s private confidential information unlawfully as testified and evidenced on numerous occasions before this court.  These unlawful acts have been brought before this court on numerous occasions without consequences to the Father.

 

Father has testified to these unlawful acts and provided evidence with the help of Attorney Arabasz on numerous occasions before this court admitting to going to any means possible to stalk, harass, defame, slander, and to steal any private confidential information for the purposes other than what is before this court without consequences.

 

Father has testified falsely and maliciously under oath with fabricated evidence on numerous occasions with no consequences by this court.

 

Father has testified on numerous occasions that if he does not like what this court orders, he will NOT abide by those orders. He has failed to abide by the court’s orders with NO consequences.

 

Father has testified in court on numerous occasions that his authority supersedes the authority of this court with no consequences, sanctions, or penalties.

 

Father has repeatedly perjured himself before this court for acts such as to be a handwriting expert among other perjured statements with intent to deliberately mislead this court with no consequences.

 

Father has repeatedly violated prior visitation orders on 90% of the visits with NO consequences, penalties, or sanctions.

 

It shall be noted, NO sanctions, penalties or actions have been placed against Father for failing to abide by court ordered Therapy for the said children.

 

Father has failed to comply with court ordered phone calls with NO sanctions, penalties, or actions.

 

Father has failed to comply with divorce degree of summer added child expenses of $100 per week for the summer of 2007 with NO sanctions, penalties, or actions.

 

Father has failed to provide Mother with HALF of tax returns funds as per divorce decree from 2006 and 2007 with NO sanctions, penalties, or actions despite Mother’s repeated requests for court intervention.

 

Furthermore, since Father’s response FAILED to respond to any relevant facts of case laws or of the State of Massachusetts law of due process. Since Father did not address these citings by Mother, then Father must agree by omission. Father also failed to cite any relevant case laws or facts of law to refute Mother’s Motion for Reconsideration.

 

Father’s behavior is consistent with abuse by proxy, perjury, stalking, witness intimidation, threats, theft, harassment, coercion, manipulation, and fabrication which has been allowed on numerous occasions and NOT in the best interests of the children.

 

Exhibit “A” – Father’s financial lean from Discover Card of $4,900 dated 4/26/10. This is consistent with Father’s behavior to maliciously attack Mother financially and demonstrates why Father is so insistent to coerce this court to incarcerate Mother as well as file FOUR criminal complaints of Mother stealing her own money on a house that legally belonged to her. This PROVES Father has deliberately misled this court with his true intensions as documented by Father’s response to FINRA dated 5/22/13 … the SAME date Mother was incarcerated and Father did NOT receive the monies Mother he attempted to extort from her using this court despite her inability to comply.

 

Exhibit “B” – Father’s Affidavit

 

The same standards that have been applied to Mother, have NOT been applied to Father, and Mother asks for the same standards to apply without discrimination.

Signed under the pains and penalties of perjury,

 

Laura Bonetzky-Joseph                                                          10/4/13