Friday, July 30, 2010

In the case of fraud and public corruption

Introduction
by Lilly Collette

This blog presents my discovery of scandalous criminal misconduct in a sham divorce action by an unmarried woman, that being Susan Lee Rice (Susan). In the great game of South Carolina Divorce Lotto Susan was awarded the residential property of a man to whom she was not married and allowed to enslave him for the support of her bastard child which he could not have sired.

The victim in this case was my future husband Richard S. Collette (Richard). For the politically sensitive, I am providing copies of email correspondence between me and this now 25 year old man which will show that my use of the ‘B’ word was not badly chosen.

This fraud was aided and abetted by officers of the Charleston County family court of South Carolina. In blatant violation of “all law” officers of the court became knowing agents and enforcers of multiple acts of fraud in this case. There are Constitutional and Human Rights issues here that should be important to all citizens and especially to those of the Ninth Judicial Circuit of this state who could easily find themselves at similar risk.

Speaking of “all law”, I have provided an avalanche of legal citations in this matter which may be of interest to some readers. God knows no one in that odious place called family court had any interest in them.

After entering into wedded bliss in 1999, I slowly began uncovering shocking facts about the divorce action between Susan and Richard. I thought it best to double check documents from that action while I was reviewing Richard’s taxes in 1999 for updating. However, Richard and no one in his immediate family had any of that paperwork.

After protracted stalling from the family court Richard finally received a copy of the alleged decree of divorce on April 7, 2000 almost a full year after we had first requested it—and Thirteen (13) years after it was issued September 22, 1987. Initially it made no sense that the person listed as Richard’s attorney would fail to provide him a copy—it became clearer upon further investigation.

I found this decree of divorce to be so critically facially defective that I thought it must be a bad joke of some sort. It was beyond me to comprehend how any sane / sober lawyer, law firm or even judge would allow their reputation to be attached to such an outrageous piece of garbage, but there it was—in black and white. I am providing a copy of it followed by a duplicate with my work notes and legal citations and will not repeat too much of it here.

Basics

The decree shows the court had strangely failed to have a court reporter present to record testimony and enter evidence into the record at this self-styled final hearing of divorce.

1986 South Carolina Rules of Family Court (SCRFC).
Rule 28. The court, as a court of record, shall grant no divorce unless testimony sworn in open court before the judge is recorded and filed.

After investigating this matter a little further it was no longer of any surprise to me that there was no court reporter present—as any evidence Susan could submit would prove her to be a fraud and open her up to criminal charges.

The purported attorney for Richard had filed a Special Appearance where he only challenged the court’s jurisdiction on the grounds that Richard had moved to Berkeley County and no longer resided in Charleston County. Hello -- both counties are part of the Ninth Judicial District. It was obvious that Richard entered that place without any representation.

Proving a marriage existed is the threshold point in establishing subject matter jurisdiction in any divorce. However, there is only a rudimentary allegation on Susan’s divorce decree that, the parties last lived together “as” husband and wife in March 1986, without stating a date of marriage or how long it allegedly lasted.

No child had been identified by name, age or even gender as being the product of any alleged marriage to Richard and he had not been named as the father of any child to whom a duty of support was owed. The word ‘custody’ had not even been mentioned. Paternity had clearly not been determined and ruled upon and there was no order of child support—giving me the impression that someone knew this was not Richard’s child.

This document was not a valid court order of divorce and child support. It was evidence—signed sealed and delivered—showing the court’s involvement in coercing Richard into submitting to Susan’s fraud and extortion under the duress of being jailed for contempt any time Susan wished. It was and remains evidence of corruption, in all its negative connotations, which leached out to contaminate all members of law enforcement and government who have refused to bring this matter to justice.

If anyone is upset over the mention of their name in this blog, you are of course free to seek legal counsel on ‘What to do—what to do‘. You of course run the risk of future shame in your inability to accept public disclosure of any crimes attributable to you.

The day of victims being forced to take it on the chin while perpetrators are protected is over.

6 comments:

  1. I have provided a photograph of my husband who is obviously a White man with blue eyes and blondish hair—making it physically impossible for him to have sired a fully Asian featured child by a White woman.

    ReplyDelete
  2. Here is a copy of the garbage passing as an order of the court:

    Look for a date of marriage and a showing of the length of marriage.

    Look for any address / locacation / identification of alleged marital property.

    Look for any identification (name, age, gender) on "the minor child" herein mentioned.

    Look for any judicial determination that the mystery "minor child" was the child of any marriage / the child of Richard to whom Richard owed any duty of support.

    Oh yeah, don't forget to look for any citations of law (HAPPY HUNTING).
    __________________________________________

    STATE OF SOUTH CAROLINA
    COUNTY OF CHARLESTON
    IN THE FAMILY COURT
    FOR THE NINTH JUDICIAL CIRCUIT
    CASE NO.: 87-DR-10-0294
    FINAL ORDER
    SUSAN RICE COLLETTE
    Petitioner
    vs.
    RICHARD STANLEY COLLETTE
    Respondent
    __________________________

    TRIAL JUDGE: The Honorable B. J. Warshauer
    HEARING DATE: SEPTEMBER 10, 1987
    PETITIONER’S ATTORNEY: Lon H. Shull, III
    RESPONDENT’S ATTORNEY: W. Robert Kinard


    This matter comes before me for final hearing pursuant to a Petition filed by Susan Rice Collette.

    Present at the hearing is the Petitioner and her attorney, Lon H. Shull, III. Also present at the hearing is the Respondent and his attorney, W. Robert Kinard.

    Prior the hearing the attorneys advised the Court that an Agreement had been reached between the parties settling all issues except that of the divorce.

    The Court examined both of the parties and finds that there is no possibility of reconciliation between the parties.

    Subsequent to the presentation of the Agreement the Petitioner moved to amend her Petition to request a divorce on the statutory grounds of one year’s separation, a vinculo matrimonii. This Motion was joined in by the Respondent and the Court allowed the amendment of the Petition.

    Based upon the representations of counsel, the testimony presented in Court and the entire case record of this matter I make the following findings of fact.

    FINDINGS OF FACT

    1. That the parties last lived together as husband and wife in the County of Charleston, State of South Carolina in March of 1986 and that this Court has jurisdiction over all these matters.

    2. That the parties have reached an Agreement the substance of which is as follows:

    a. continued

    ReplyDelete
  3. a. That the Respondent all his interest and ownership in the marital home to the Petitioner as of the date of this Order. The September mortgage payment shall be pro-rated between the parties. As the date of the hearing was the 10th of September, the Petitioner shall be responsible for two-thirds (2/3) of the mortgage payment and the Respondent shall be responsible for one-third (1/3) of the mortgage payment of September. That the Petitioner shall assume all responsibility for the Veteran’s Administration mortgage loan and that the Respondent does hereby warrant to the Court and to the Petitioner that there are no other encumbrances on the marital home.

    b. That the Respondent shall pay unto the Petitioner Two Hundred ($200.00) Dollars per month as child support. Said amount to be paid directly to the Petitioner.

    c. That the Respondent shall continue to carry health and major medical insurance on the minor child and that the parties shall divide equally all medical expenses not covered by insurance.

    d. Both parties waive any type of alimony now and forever.

    e. Both parties waive any claim for attorneys fees against the other.

    ReplyDelete
  4. f. With regard to personal property the parties are satisfied with the division of the personal property with the exception of the Respondent’s bicycle, tools, a set of china and a bedroom suit. The Petitioner hereby agrees that the Respondent shall have ownership of those items of property in addition to any items of property he had prior to this hearing removed from the home.

    g. The Petitioner expressly warrants to the Court that she has no objection to the minor child’s christening in the Catholic church.

    h. That the Respondent shall have reasonable and liberal visitation including every other weekend from 6:00 PM on Friday to 6:00 PM on Sunday; alternating the major holidays of Christmas, New Years, Easter, July 4th and Thanksgiving; allowing the Respondent extended visitation in the summer as arranged by the parties and for such other times as the parties may mutually agree.

    3. That at the time of this hearing, the Petitioner’s net monthly income was Two Hundred Eighty ($280.00) Dollars per month and her expenses as listed on her Financial Declaration were One Thousand One Hundred Ten ($1,110.00) Dollars.

    4. That at the time of this hearing the Respondent’s net income was zero (0) and his expenses were One Thousand One Hundred Ninety-Seven ($1,197.00) Dollars per month.

    5. That the Court examined both of the parties with regard to the fairness and equity of the Agreement and found that both parties agreed with the provisions of the Agreement and understood them fully and desired that the Court incorporate this Agreement into its Order.

    ReplyDelete
  5. 6. That based upon the representations of the parties and the Financial Declarations filed by both parties the Court finds the Agreement is fair and equitable under the circumstances then and there prevailing at the time of the hearing.

    7. That the parties have been living separate and apart on a continuous basis in excess of one year.

    8. That the Petitioner presented the corroborating testimony of Ms. Flynn, the Petitioner’s sister, and that the Court finds that no collusion was entered into by the parties and that the parties have indeed been living separate and apart on a continuous basis in excess of one year.

    CONCLUSIONS OF LAW

    1. That the Agreement is fair and equitable and should be incorporated into this Court’s Order and Decree and be fully enforceable as such.
    2. That the Petitioner is entitled to a divorce a vinculo matrimonii on the statutory grounds of one year’s separation. It is therefore,

    ORDERED, ADJUDGED AND DECREED

    that the Petitioner is granted a divorce a vinculo matrimonii on the statutory grounds of one year’s separation and that the Agreement, as set out above, is hereby fully incorporated into the Order of this Court and enforceable as same.

    AND IT IS SO ORDERED.

    I hereby certify that I verily believe this Order to be in compliance with Rule 27(c) of the Family Court Rules.

    __________________________________
    THE HONORABLE B. J. WARSHAUER
    JUDGE OF THE FAMILY COURT FOR
    THE NINTH JUDICIAL CIRCUIT
    This 22 day of September, 1987.
    Charleston, South Carolina
    __________________________________________

    There was absolutely nothing passing for 'judicial discretion' in the above document.
    Susan and her 'pals' at court were unlawfully imposing a non-existant agreement upon Richard, taking his property under color of law and enslaving him for the support of Susan's mystery bastard.

    ReplyDelete
  6. The second posting (made on Saturday July 31, 2010) is only the facts, law and evidence in this case for those who believe they need more information.

    ReplyDelete