confirmed

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" rowspan="2" width=210 BGCOLOR="#006633" TEXT="#F7F7FF" background="132d6c00ddvuru.jpg"> <div> <B> </B></div> <bR> <bR> <bR> <bR> <DIV ALIGN="LEFT"></DIV> <div> <B>INDEX OF PAGES</B></div> <bR> <div> <A HREF="index.htm" TARGET="_top" TITLE="Main"><U><B>Home Page</B></U></A></div> <bR> <div> <A HREF="background.htm" TARGET="_top" TITLE="Background"><U><B>Background</B></U></A></div> <div> <B> </B></div> <div> <A HREF="news.htm" TARGET="_top" TITLE="In The News"><U><B>In The News</B></U></A></div> <bR> <div> <B> </B><A HREF="gasb_fraud.htm" TARGET="_top" TITLE="gasb"><U><B>German-American State Bank Fraud</B></U></A></div> <div> <B> </B></div> <div> <A HREF="davis_bank_fraud.htm" TARGET="_top" TITLE="davis"><U><B>State Bank of Davis Fraud</B></U></A></div> <div> <B> </B></div> <div> <A HREF="title_fraud__i_.htm" TARGET="_top" TITLE="Bankruptcy Court/Title Company Fraud, Pa"><U><B>Bankruptcy Court/Title Company Fraud (1)</B></U></A></div> <bR> <div> <A HREF="letter.htm" TARGET="_top" TITLE="letter"><U><B>Letter to Stockholders of FNF</B></U></A></div> <bR> <div> <FONT SIZE="3" COLOR="#FFFFFF" FACE="Times New Roman" ><A HREF="id25.htm" TARGET="_top" TITLE="Conflict of Interest"><U><B>Paul Logli and Conflicts</B></U></A></FONT><A HREF="id25.htm" TARGET="_top" TITLE="Conflict of Interest"><U><B> of </B></U></A><A HREF="id25.htm" TARGET="_top" TITLE="Conflict of Interest"><U><B>Interest</B></U></A></div> <bR> <bR> <bR> </td> <td valign="top" colspan=2 height=130 BGCOLOR="#0000CC" TEXT="#080000"> <bR> <div> <B>PROPERTY TITLE RECORDS CONFIRMED</B></div> <div> Winnebago County Circuit Court Case 97-ED-1</div> </td> </tr><tr> <td valign="top" height=350 colspan=2 BGCOLOR="#FFFFFF" TEXT="#080000"> <bR> <div>  </div> <div>    <I>Unless and until . . . reversed or modified, [the state-court judgment] would be an effective and conclusive adjudication</I>.<B>"</B> <FONT SIZE="3" COLOR="#000000" FACE="Arial" > </FONT> <a href="http://www.wellsofjustice.org/pdf/ussc 03-05.pdf" target="new">Exxon Mobil, Corp. v. Saudi Basic Industries, Corp.</a>  , 544 U.S. ___ , (pages 2,3,5,7);  161 L.Ed.2d 454, 461, 463, 464) <FONT SIZE="4" COLOR="#000000" FACE="Arial" > <A NAME="quickmark_1"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>     </FONT><FONT SIZE="4" COLOR="#000099" FACE="Arial" ><B>     </B></FONT></div> <bR> <div> __________________________________________________________</div> <bR> <bR> <div>      The purchase of the 181.4 acre farm property was made possible by a Seller financed Agreement For Deed, signed on July 23, 1962, that matured in the Spring of 1983.  Harriet Vance paid for the farm property with her earnings as a nurse in Rockford, Illinois.  That Agreement For Deed was paid in full on May 12, 1983 and a Warranty Deed to the farm property was issued on that date.  That Warranty Deed<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" > </FONT>was to have been issued solely to Harriet Vance.</div> <bR> <div>      Whether by intent or by inadvertence, the Seller's attorney (Randall C. Talley), with the apparent lack of knowledge and approval of the Seller, wrongfully issued that Warranty Deed both to Clarence Vance and to Harriet Vance.  </div> <bR> <div>      Harriet says she chose not to be represented by an attorney at that closing transaction because she had a very good relationship with, and fully trusted, the Seller and also because she did not then (and does not now) trust attorneys.  Harriet claims her ongoing mistrust of attorneys is based on numerous bad experiences over the years.  She says that the situation in which she presently finds herself has only strengthened and confirmed that mistrust.</div> <bR> <div>      Harriet says that when she discovered what Attorney Talley had done, she asked Clarence to sign a Quit Claim Deed to the interest in the farm property that had been wrongfully conveyed to him.  Clarence willingly signed a Quit Claim Deed to that interest in the farm property in the presence of three (3) witnesses on September 2, 1983.  Consequently, title of the entire 181.4 acre farm, subsequent to September 2, 1983, was lawfully vested solely in Harriet Vance<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  </FONT><I>.</I></div> <bR> <div>      Ten years later, Harriet Vance, as the sole and lawful owner of the entire 181.4 acre farm property, conveyed Title of the property to "<I>Thousand Hills Trust No. 1</I>", with "<I>Harriet P. Vance as Trustee under a Declaration of Trust dated October 22, 1993</I>", by a<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/wtyd.pdf" target="new">WARRANTY DEED IN TRUST</a>  </FONT> dated October 22, 1993. By executing that WARRANTY DEED IN TRUST, Harriet Vance conveyed the property and vested Title of the farm property solely in Thousand Hills Trust.  Harriet says she created that<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/tht.pdf" target="new">Trust</a>  </FONT> and vested ownership of the farm property in that Trust as an estate planning measure for the benefit of her children.</div> <bR> <div>      By a letter dated June 9, 1995, the Illinois Department of Transportation (IDOT) addressed the need to purchase a Parcel of the farm for a project to widen and improve the Pecatonica Road, which is the Western Boundary of the farm property.  That<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/idotltr.pdf" target="new">letter</a>  </FONT>"<I>introduces George F. Covert, who is employed as a Realty Specialist by the Division of Highways</I>."  Clarence and Harriet both claim that, during discussions about the IDOT project, George Covert was told that the farm property was owned by Thousand Hills Trust but the Deed to the Trust had not been filed with the Winnebago County Recorder's Office.  Mr. Covert stated that IDOT must have an of Record owner in order to transact business.  Harriet says that Mr. Covert told her to file the Warranty Deed in Trust, issued to Thousand Hills Trust, and he would be back in contact with her after the Winnebago County Recorder's Office records reflected that filing.</div> <bR> <div>      Clarence and Harriet also claim that, during those discussions, George Covert made the casual comment that:  "<I>A lot of 'title problems' are resolved by our road improvement projects</I>".  Clarence and Harriet say that each of them presumed, at that time, that Mr. Covert's comment was in reference to causing Deeds to be filed with the local County Recorder's Offices around the State of Illinois and thereby updating Public Title Records.  However, as events subsequently unfolded, the "<I>title problem</I>" pertaining to the farm property was not due to the unrecorded Deeds.  It later became apparent that this "<I>title problem</I>" involved persons of influence in Winnebago County who had decided that the title to the farm property was vested in the "wrong hands".</div> <bR> <div>      Based on her conversations with George Covert, Harriet P. Vance, as Trustee of Thousand Hills Trust, filed the October 22, 1993<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/wtyd.pdf" target="new">Warranty Deed in Trust</a>  </FONT> with the Winnebago County Recorder's Office as Document No. 9528856 on July 26, 1995.</div> <bR> <div>      Evidence establishes that, after the filing of that Deed and the consequent updating of the Public Winnebago County Title Records, neither George Covert or any other IDOT personnel contacted Harriet P. Vance, as Trustee of Thousand Hills Trust, as had been previously stated by George Covert.  Instead, IDOT filed a COMPLAINT FOR CONDEMNATION in the Winnebago County Circuit Court as Case 97-ED-1 on January 29, 1997.</div> <bR> <div>      The IDOT Complaint asked the Court:     "<I>that:  . . .</I></div> <bR> <div> <I>B.  just compensation be made according to law to the owners and persons interested in the property and to each of them;</I></div> <bR> <div> <I>C.  an order be entered granting Plaintiff fee simple title to (the 2.782 acre) Parcel, . . ..</I>"</div> <bR> <div>      The IDOT Complaint named the following persons as Defendants:  (1) Each "<I>heir at law of</I>" the then deceased prior owner;  (2) "<I>Clarence L. Vance</I>";  (3) "<I>Harriet P. Vance</I>";  (4) "<I>Harriet P. Vance as Trustee</I>" of Thousand Hills Trust;  (5) "<I>State Bank of Davis</I>", a judgment creditor of Clarence; and  (6) An Insurance Company and an Insured, each also being a judgment creditor of Clarence.</div> <bR> <div>      Shortly after being served with her Summons and a copy of the Complaint, "<I>Harriet P. Vance, as Trustee</I>", expressed her displeasure to IDOT at having been sued instead of having been contacted by IDOT, as previously promised by George Covert.  In a<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/hltr.pdf" target="new">letter</a>  </FONT>dated March 31, 1997, she asked IDOT the question:  "<I>What is your purpose in this?</I>".  Harriet says she never received a reply to that letter.</div> <bR> <div>      Harriet P. Vance, as Trustee, says that Attorney Mary Gaziano, representing IDOT in the Condemnation Case, told her that the Eminent Domain lawsuit was filed because the Public Record did not contain a complete chain of title.  Harriet says she told Attorney Gaziano that if George Covert would have told her, in 1995, that the title chain had to be complete, she would have filed those other Deeds at that time and there would have been no need for IDOT to have filed their lawsuit.</div> <bR> <div>      Consequently, Harriet P. Vance, as Trustee, filed the Warranty Deed from the previous owner, dated May 12, 1983, and the Quit Claim Deed, signed by Clarence on September 2, 1983, with the Winnebago County Recorder's Office, on March 26, 1997, as Document Numbers 9713107 and 9713108 respectively and thereby completed the Recorded chain of title to the farm property.</div> <bR> <div>      In an effort to end both his eleven and one half (11 1/2) year court battle with the State Bank of Davis and the Bank's "<I><B>trying to obtain title to (the farm) property</B></I>" from members of his family, Clarence Vance filed an individual Chapter 7 Petition for Relief in the United States Bankruptcy Court in Rockford, Illinois, as Case 97-B-50687 on March 10, 1997.  The Court Record in that Bankruptcy Case establishes that Daniel M. Donahue, a member of the law firm of McGreevy, Johnson & Williams PC which has represented the interests of the State Bank of Davis in Winnebago County since about 1990, obtained a Bankruptcy Court<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/bkr.pdf" target="new">Order</a>  ,</FONT> dated April 25, 1997, which granted the Bank's request to be "<I>given relief from the automatic stay in order to pursue its State Court remedies</I>".  Consequently, the State Bank of Davis was not barred by Clarence's Bankruptcy filing from asserting any claim it may have chosen to allege against Clarence in the IDOT Condemnation Case.</div> <bR> <div>      The Record in Case 97-ED-1 establishes that the law firm of HINSHAW & CULBERTSON paid the $98.00 appearance fee on behalf of the Defendant Insurance Company, on March 20, 1997, and also paid the $98.00 appearance fee on behalf of the Defendant Insured on March 28, 1997.</div> <bR> <div>      The IDOT Condemnation Case was assigned to Winnebago County Associate Judge J. Todd Kennedy.  The first hearing was conducted on April 29, 1997.  Gary R. Kardell, a member of the law firm of HINSHAW & CULBERTSON, appeared as the representative of the Defendant Insurance Company and also as the representative of the Defendant Insured at that hearing.</div> <bR> <div>      During that hearing Attorney Kardell stated to Judge Kennedy that his clients:  (1) "<I>Have a judgment against Mr. Vance</I>":  (2) "<I>Have never collected any money from Mr. Vance against that judgment</I>";  (3) "<I>Do not want any money from Mr. Vance against that judgment</I>";  and  (4) "<I>Are willing to sign a QUIT CLAIM DEED </I>(to property they have never owned)<I> to conclude the Case</I>".</div> <bR> <div> <B>NOTE:</B><FONT SIZE="4" COLOR="#0000CC" FACE="Times New Roman" > </FONT><FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" >    </FONT><FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >It is perplexing.  HINSHAW & CULBERTSON paid $196.00 in appearance fees and then Attorney Kardell appeared and stated to Judge Kennedy that his Defendant clients are willing to sign a Quit Claim Deed to property they have never owned in order to conclude a Case in which they claim to have no interest in and want nothing from. </FONT></div> <bR> <div>      Clarence wrote Attorney Kardell a letter, dated May 21, 1997, and asked him to explain this perplexity.  Attorney Kardell responded with a<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/gkltr.pdf" target="new">letter</a>  </FONT>dated May 27, 1997, and explained that:</div> <bR> <div>      "<I>Counsel for the Illinois Department of Transportation has now indicated that the property may have been conveyed and title transferred before the judgment was entered which would therefore defeat any claim of interest (his clients) would have regarding the property.  Suffice it to say that my clients have no interest whatsoever in receiving any proceeds, and wanted the litigation concluded without any expectation of any right or benefit.</I>"</div> <bR> <div>      Attorney Kardell, by that letter, acknowledged that<I> </I>his Defendant clients "<I>have no interest</I>" in either the farm property or the IDOT Case because "<I>the property (had) been conveyed and title transferred before</I> (his clients January 29,1990)<I> judgment was entered".</I>  Nevertheless, according to Attorney Kardell, his "<I>clients wanted the litigation concluded without any expectation of any right or benefit</I>".  Consequently, Attorney Kardell had reason to know that his clients had no lawful basis to have "<I>wanted the litigation concluded</I>" and had absolutely no lawful standing before the court to participate in bringing that litigation to a conclusion.</div> <bR> <div>      The above noted actions of Attorney Kardell, when taken together with actions subsequently taken by Thomas J. Lester (another HINSHAW & CULBERTSON Attorney), as Trustee of the Bankruptcy Estate of Clarence Vance, and others, suggest that Attorney Kardell, in the IDOT Case, may in fact have actually been representing the interests of Defendant State Bank of Davis under the guise of representing his Defendant Insurance Company client and his Defendant Insured client.</div> <bR> <div>      It appears that Attorney Kardell's Defendant clients were so represented as part of the ongoing scheme, "<I><B>started by the bank trying to obtain title to (the farm) property</B></I>".  It appears that the intent of this scheme was to subtly induce Clarence to sign another Quit Claim Deed to the farm property in order to provide Judge Kennedy the opportunity to sign a court order and thereby declare the Quit Claim Deed, signed by Clarence on September 2, 1983, to be "invalid".</div> <bR> <div>      The Record in Case 97-ED-1 establishes that, on June 9, 1997, IDOT Attorney Mary Gaziano filed a Motion to Dismiss the "<I>heir party defendants with prejudice</I>" and stated, in pertinent part therein, that:</div> <bR> <div> "<I>2.  Subsequent to the filing of the aforesaid complaint, specifically on or about March 26, 1997, two deeds were filed with the Winnebago County Recorder's Office, namely a May 12, 1983, Warranty Deed Joint Tenancy from </I>(prior owner)<I> to Clarence L. Vance and Harriet P. Vance, and a September 2, 1983, Quit Claim Deed from Clarence L. Vance to Harriet P. Vance, each for legally described property part of which is the subject of the instant eminent domain proceeding.  Copies of said deeds marked Group Exhibit "A" are attached hereto, incorporated herein, and made a part hereof </I><FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" > <a href="http://www.wellsofjustice.org/pdf/deeds.pdf" target="new">(See Deeds)</a>  .</FONT></div> <bR> <div> <I>3.  Subsequent to the filing of the aforesaid deeds, the title work was updated by Wheatland Title Company.  A new title commitment with an effective date of May 5, 1997, was issued eliminating the heirs of </I>(the prior owner)<I> as necessary party defendants.  A copy of said May 5, 1997, updated title commitment marked Group Exhibit "B" is attached hereto, incorporated herein, and made a part hereof</I><FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/udtc.pdf" target="new">(See updated title commitment)</a>  .</FONT></div> <bR> <div> <I><B>WHEREFORE</B></I><I>, plaintiff prays that </I>(the heirs of prior owner)<I>, deceased, be dismissed as party defendants with prejudice.</I>" </div> <bR> <div>      Attorney Gaziano acknowledged in that Motion that the "<I>updated title commitment", "with an effective date of May 5, 1997",</I> was based on the updated Winnebago County Recorder's Office records, which then included the Warranty Deed, dated May 12, 1983, and the Quit Claim Deed, dated September 2, 1983, filed by Harriet P. Vance, as Trustee of Thousand Hills Trust, on March 26, 1997.  The evidence establishes that the "<I>updated title commitment</I>", stated, in pertinent part, that:</div> <bR> <div> "<I>2.  The estate or interest in the land described or referred to in this commitment is a fee simple and title hereto is at the effective date hereof vested in:</I></div> <bR> <div> <I>Harriet P. Vance as Trustee under a Declaration of Trust, dated October 22, 1993, known as the Thousand Hills Trust No. 1.</I>"</div> <bR> <div>      The Record in Case 97-ED-1 also establishes that, on June 9, 1997, IDOT Attorney Mary Gaziano filed a<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/mfdj.pdf" target="new">MOTION FOR DEFAULT JUDGMENT</a>  </FONT> AGAINST DEFENDANT STATE BANK OF DAVIS and stated therein that:</div> <bR> <div> "<I>2.  Jurisdiction was obtained over the defendant, State Bank of Davis, via personal service of Summons in this suit on or about February 20, 1997, . . .</I></div> <bR> <div> <I>3.  No appearance has been entered by or on behalf of the defendant, State Bank of Davis, and no pleading has been filed on behalf of said defendant.</I></div> <div> <I>Accordingly, said defendant has failed to answer or otherwise plead within thirty (30) days after service of the Summons, and thus the time during which it was required by the laws of the State of Illinois and the rules and order of this Court to respond or otherwise plead to the complaint filed herein has expired.</I></div> <bR> <div> <I><B>WHEREFORE</B></I><I>, Plaintiff prays that the Court adjudge defendant, State Bank of Davis, to be in default and to enter a judgment on behalf of the Plaintiff and against said defendant for the relief sought in the complaint.</I>"</div> <bR> <div>      Judge Kennedy signed an Order, dated June 13, 1997, and thereby dismissed, with prejudice, the heirs of the deceased prior owner, as had been requested by Attorney Gaziano on their behalf.</div> <bR> <div>      Judge Kennedy, on June 13, 1997, also signed an<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/dfrdr.pdf" target="new">ORDER OF DEFAULT JUDGMENT</a>  </FONT> AGAINST DEFENDANT STATE BANK OF DAVIS, as so requested by Attorney Gaziano, stating therein that:</div> <bR> <div> "<I><B>IT IS, THEREFORE, ORDERED AND ADJUDGED AS FOLLOWS:</B></I></div> <bR> <div> <I>1.  Defendant, State Bank of Davis, shall be and hereby is defaulted for failure to answer or otherwise plead within the requisite time period as provided by law. </I> . . ."</div> <bR> <div>      Clarence says that IDOT Attorney Mary Gaziano thereafter provided him with a<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/bqcd.pdf" target="new">QUIT CLAIM DEED</a>  </FONT>, which "<I>CONVEYS and QUIT CLAIMS to: ILLINOIS DEPARTMENT OF TRANSPORTATION</I>" the subject 2.782 acre Parcel of the farm property, and asked him to sign it and return it to her.</div> <bR> <div>      Attorney Kardell's Defendant clients in the Condemnation Case each signed a similar QUIT CLAIM DEED to IDOT.  Attorney Kardell's Insured client signed that Deed on June 23, 1997, and his Insurance Company client signed that Deed on July 8, 1997.  That QUIIT CLAIM DEED to IDOT was filed with the Winnebago County Recorder's Office as Document No. 9737805 on August 8, 1997.</div> <bR> <div>     The 97-ED-1 Case Record establishes that, on July 10, 1997, Clarence received an automatic<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/dschrg.pdf" target="new">DISCHARGE OF DEBTOR</a>  </FONT>in his Bankruptcy Case (97-B-50687) because no creditor filed a written objection (because there were<B> NO</B> creditors to object) to the granting of the Discharge of his debts, as is required by the Bankruptcy Code.  That Discharge declares as follows:</div> <bR> <div> "<I><B>IT IS ORDERED THAT:</B></I></div> <bR> <div> <I>1. The above named debtor (Clarence) is released from all dischargeable debts.</I></div> <bR> <div> <I>2. Any judgment heretofore or hereafter obtained in any court other than this court is null and void as a determination of the personal liability of the debtor with respect to . . . </I>all dischargeable debts<I>.</I></div> <bR> <div> <I>3. All creditors whose debts are discharged by this order and all creditors whose judgments are declared null and void by paragraph 2 above are enjoined from instituting or continuing any action or employing any process or engaging in any act to collect such debts as personal liabilities of the above-named debtor.</I>"</div> <bR> <div>      Clarence filed a Motion in the IDOT Condemnation Case, on July 16, 1997, and asked Judge Kennedy to dismiss him as a party Defendant based on the Wheatland Title Guaranty Company "<I>updated title commitment</I>" which further established that it is a matter of the Public Record that Clarence had no ownership interest in the farm property after September 2, 1983.</div> <bR> <div>      In response to that Motion, Judge Kennedy, on July 30, 1997, signed an<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/k730rdr.pdf" target="new">Order</a>  </FONT>, "<I>Prepared by</I>" Attorney Gaziano, and therein "<I>ORDERED</I>" as follows:</div> <bR> <div> "<I>1.     Plaintiff shall file any affidavits in opposition to the Motion to Dismiss Clarence L. Vance as a Party Defendant with Prejudice within 2 weeks of today's date, namely August 13, 1997.</I></div> <bR> <div> <I>2.     Defendant Clarence L. Vance shall respond to any such affidavits filed within 2 weeks thereafter, namely by August 27, 1997.</I>"</div> <bR> <div>      The 97-ED-1 Case Record establishes that Attorney Gaziano and Attorney Kardell, on behalf of their respective clients, signed a "WRITTEN STIPULATION", dated August 6, 1997, in which each of them:</div> <bR> <div> " . . . <I>hereby stipulate that all issues in the claim have been resolved by and between the Plaintiff and these Defendants and that this cause can be dismissed with prejudice as to these Defendants based on this Written Stipulation.</I>"</div> <bR> <div>      That WRITTEN STIPULATION does not reference or even mention the Quit Claim Deed signed by the Defendants represented by Attorney Kardell on June 23, 1997 and July 8, 1997 respectively.</div> <bR> <div>      Judge Kennedy signed an Order, dated August 6, 1997, and therein stated:</div> <bR> <div> " . . . <I>Based on such stipulation this cause is accordingly dismissed with prejudice as to</I>" the Defendants represented by Attorney Kardell.</div> <bR> <div>      The Case Record establishes that Attorney Gaziano failed to file any "<I>affidavits in opposition</I>" or any objections to Clarence's Motion as so required by the July 30, 1997 Order of Judge Kennedy.  Clarence filed an Affidavit in support of his Motion, on August 27, 1997, and therein set forth Attorney Gaziano's failure to comply with Judge Kennedy's Order, which indicated that Attorney Gaziano had no valid objections to Judge Kennedy granting Clarence's Motion.</div> <bR> <div>      Nevertheless, Judge Kennedy signed an<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/k915rdr.pdf" target="new">Order</a>  </FONT>, dated September 15, 1997, and therein:</div> <bR> <div> (A)     Allowed Plaintiff to file a group of documents "<I>instanter</I>", which had been submitted by personnel of Wheatland Title Guaranty Company and labeled "<I><U>AFFIDAVIT RE: TITLE RECORDS</U></I>".  Those "<I>TITLE RECORDS</I>" consisted of a copy of the State Bank of Davis judgment against Clarence, documents related to that judgment, and deeds related to property other than the 181.4 acre farm property;  and</div> <bR> <div> (B)     Summarily denied, without explanation, the Motion to Dismiss Clarence as a Party Defendant.</div> <bR> <div>      Clarence filed a Motion, on October 15, 1997, and asked Judge Kennedy to Dismiss him as a Party Defendant based on the evidence of Record which established that:  (A) He had no ownership interest in the farm property after September 2, 1983;  and  (B) The State Bank of Davis judgment against him had been declared null and void by the DISCHARGE OF DEBTOR issued by the Bankruptcy Court on July 10, 1997.  Clarence amended his Motion, on November 26, 1997, and attached a certified copy of his DISCHARGE OF DEBTOR to that Motion.</div> <bR> <div>      Judge Kennedy again signed an<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/k121rdr.pdf" target="new">Order</a>  </FONT>, "<I>Prepared by" </I>Attorney Gaziano and dated<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" > </FONT>December 1, 1997,  in which he summarily denied Clarence's Amended Motion, stating therein that:</div> <bR> <div> "<I>The Amended Motion for Order is heard and denied as the Court finds there is a basis based on the documentation & arguments presented to have Clarence Vance remain as a party defendant.  Accordingly also the Motion for Order filed prior to the aforesaid amended motion is also denied.</I>"</div> <bR> <div>      Judge Kennedy, by that Order, "<I>finds there is a basis based on the documentation & arguments presented to have Clarence Vance remain as a party defendant" </I>in utter disregard of the evidence before him that the Recorded chain of Title, maintained by the Winnebago County Recorder's Office, is complete and continuous and that both those Public Title Records AND the "<I>updated title commitment</I>", based on those Public Records, establish that Clarence had no ownership interest in the farm property after September 2, 1983.  Obviously, the "<I>title problem</I>", in this instance, did not involve a problem with the Public Title Records.</div> <bR> <div>      Clarence says that he consistently refused to sign the Quit Claim Deed that Attorney Gaziano provided because it described property he did not own.  Clarence also says that, in a concerted effort to obtain his signature on that provided Deed, Attorney Gaziano, on numerous occasions, acknowledged to him that the Warranty Deed issued to Clarence Vance and to Harriet Vance by Attorney Talley, on behalf of the previous owner, was valid even though it was not filed with the Winnebago County Recorder's Office until March 26, 1997.  However, Attorney Gaziano, on each occasion, also tried to convince Clarence that the Quit Claim Deed, which he signed on September 2, 1983, was NOT valid because it was NOT so filed until March 26, 1997.</div> <bR> <div>      The Record suggests that Attorney Kardell, Attorney Gaziano, Judge Kennedy, and others so engaged, were working together in an effort to complete the ongoing scheme "<I><B>started by the (State) bank (of Davis) trying to obtain title to (the farm) property</B></I>".</div> <bR> <div>      It appears that the scheme, as applied in the IDOT Case, was intended as follows:</div> <bR> <div> (A)     The State Bank of Davis intentionally failed to appear or otherwise plead to give Clarence the impression that the Bank had no interest either in the Case or in the money involved.  Consequently, Clarence would be more willing to sign the Quit Claim Deed, subsequently provided to him by Attorney Gaziano, in order to conclude the Case;</div> <bR> <div> (B)     Attorney Kardell appeared as a representative of his Defendant Insurance Company and his Defendant Insured who "<I>have no interest whatsoever in receiving any proceeds, and wanted the litigation concluded without any expectation of any right or benefit</I>"<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/gkltr.pdf" target="new">(See Letter)</a>  </FONT>.  On that basis, Attorney Kardell set the stage by stating to Judge Kennedy that his clients were willing to sign a Quit Claim Deed to the farm property, which he had acknowledged his clients to have no vested interest in, in order to conclude the "litigation" which they also had no lawful standing or interest in;</div> <bR> <div> (C)     The willingness of Attorney Kardell's clients to sign a Quit Claim Deed to property they did not own would induce Clarence to sign another Quit Claim Deed to the farm property that he also did not own, which would, in consequence, create a basis for Judge Kennedy to "litigate" the September 2, 1983 Quit Claim Deed and declare that deed to be "invalid";</div> <bR> <div> (D)     Clarence says that Attorney Gaziano repeatedly tried to convince him to sign the Quit Claim Deed to the farm property, which she provided to him, even though all parties to the Case had reason to know that he had no title interest in that property after September 2, 1983.  Clarence also claims that he came to understand, and at one point told Judge Kennedy, that he believed that the entire IDOT Condemnation Case was a contrivance carefully crafted solely for the purpose of trying to induce him to sign another Quit Claim Deed as a way of "<I><B>trying to obtain title to (the farm) property</B></I>".</div> <bR> <div>      Clarence says that Judge Kennedy momentarily stopped one hearing when Attorney Christopher J. Cocoma approached Attorney Gaziano at the Bench DURING that hearing.  Clarence claims that Judge Kennedy just sat quietly and allowed this intrusion to take place until Attorney Cocoma concluded his whispered conversation with Attorney Gaziano.</div> <bR> <div> <B>NOTE:</B><FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" >     </FONT><FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >Christopher J. Cocoma is a member of the law firm of McGreevy, Johnson & Williams PC that has represented the interests of the State Bank of Davis in Winnebago County since about 1990.  Evidence establishes that the State Bank of Davis, a Foresight Financial Group Inc. Bank, retained McGreevy, Johnson & Williams PC while Richard L. Kleckler was President.  That retainer continued under State Bank of Davis President Robert L. Olson, who was President from late 1995 until 2000, and continues under the current State Bank of Davis President, Brent Myers.</FONT></div> <bR> <div>      Clarence claims that, after that courtroom conversation between Attorney Cocoma and Attorney Gaziano, it became obvious that the State Bank of Davis, even though having failed to appear in the Case, was definitely exercising both a concealed involvement and a concealed influence in that IDOT Case.</div> <bR> <div>      By early September of 1998, construction on the road was in progress along the farm property and was taking place within five (5) feet of the line fence.  The property was posted with several "NO TRESPASSING" signs attached to the fence, which were not being disturbed by the Rockford Blacktop Construction Company workers.</div> <bR> <div>      Judge Kennedy signed an Order, dated September 22, 1998, and thereby raised the "<I>just compensation</I>", for the taking of the 2.782 acre Parcel, by $1,053.00 and also ordered that:</div> <bR> <div> "<I>The Plaintiff shall deposit with the County Treasurer of Winnebago County the preliminary just compensation amount (specified) and effective upon deposit of said amount, the Plaintiff shall be entitled to an order vesting Plaintiff with fee simple title to (the subject) Parcel.  Plaintiff shall be authorized to take immediate possession of the above-mentioned Parcel</I> . . .."</div> <bR> <div>      Clarence says that, in his opinion, the "<I>just compensation</I>" was raised to further induce him to sign the Quit Claim Deed provided to him by Attorney Gaziano.</div> <bR> <div>      Attorney Gaziano filed a Motion for Entry of Order Vesting Title, on October 16, 1998, and therein referred to a letter which indicated that the "<I>just compensation</I>" amount "<I>has been received by the Winnebago County Treasurer . . . on October 9, 1998 </I>".  Attorney Gaziano scheduled that Motion to be heard by Judge Kennedy on October 27, 1998.</div> <bR> <div>      Clarence says that he stated to Judge Kennedy, near the end of the October 27, 1998 hearing, that he believed that signing a deed to property he did not own would be fraud and for him to do so would constitute prima facie evidence that he had committed such a fraud.</div> <bR> <div>      Clarence also says that he told Judge Kennedy, at that time, that he would not sign any deed to property he did not own.  Clarence claims that he also told Judge Kennedy that if he ordered him to sign such a deed, Judge Kennedy would have to throw him in jail for "contempt of court" because he would not obey the order.  Clarence further claims that he told Judge Kennedy he was willing to go to jail for contempt of court but he was not going to jail for committing fraud.</div> <bR> <div>      Clarence claims that Judge Kennedy then slumped in his chair and meekly instructed Attorney Gaziano to prepare the ORDER VESTING TITLE and the FINAL JUDGMENT ORDER for him to sign.  Clarence also claims that Judge Kennedy appeared defeated by the fact that time to induce him to sign another Quit Claim Deed had run out because:  IDOT needed the property immediately;  and Clarence would not be persuaded to sign another Quit Claim Deed.</div> <bR> <div>      Because the immediate acquisition of the subject Parcel was so urgent together with the fact that Clarence continued to adamantly refuse to sign a deed to property he did not own, Judge Kennedy, on the morning of October 27, 1998, had no alternative other than to sign the ORDER VESTING TITLE and the FINAL JUDGMENT ORDER, both being based solely on the Public Title Records maintained by the Winnebago County Recorder's Office.</div> <bR> <div>      Clarence says that the immediate urgency of those Orders, which vested title to the subject Parcel in IDOT and concluded the Case, was demonstrated by the fact that, at the corner of Pecatonica Road and Brick School Road, the construction workers, on that very same day (October 27, 1998):  removed the fence from that corner of the farm property; did the necessary excavation work;  and poured concrete curbing.</div> <bR> <div>    The ongoing scheme, "<I><B>started by the (State) bank (of Davis) trying to obtain title to (the farm) property</B></I>", was checked once again.  This time by the fact that Judge Kennedy was denied the opportunity to "litigate", and declare "invalid", the Quit Claim Deed that Clarence had signed in the presence of three (3) witnesses on September 2, 1983.</div> <bR> <div>      Consequently, Judge Kennedy, properly and necessarily, had to base both his ORDER VESTING TITLE and his FINAL JUDGMENT ORDER on the Public Title Records maintained by the Winnebago County Recorder's Office and acknowledged by the Wheatland Title Guarantee Company "<I>updated title commitment</I>"</div> <bR> <div>      As previously acknowledged by Attorney Kardell in his May 27, 1997 letter, and as is established by the Public Title Records maintained by the Winnebago County Recorder's Office, and as was acknowledged by the Wheatland Title Guaranty Company May 5, 1997<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/udtc.pdf" target="new">"updated title commitment"</a>  </FONT>, all of Clarence's "title interest" in the farm property was "<I>conveyed and title transferred</I>" <FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" > <a href="http://www.wellsofjustice.org/pdf/gkltr.pdf" target="new">(See Letter)</a>  </FONT>from him on September 2, 1983.  The ORDER VESTING TITLE and the FINAL JUDGMENT ORDER, signed by Judge Kennedy on October 27, 1998, each confirm the Public Title Records pertaining to the farm property, maintained by the Winnebago County Recorder's Office, which establish that Clarence Vance had absolutely no title interest in the farm property after September 2, 1983.  Each of those Orders also confirm those Public Title Records which establish Thousand Hills Trust, with Harriet P. Vance as Trustee, to be the lawful and of Record sole owner of the entire 181.4 acre farm property from October 22, 1993 until the taking of the 2.782 acre Parcel on October 27, 1998, and the lawful and of Record owner of the remaining 178.618 acre farm property after the taking of that Parcel on October 27, 1998, as follows:</div> <bR> <div> (A)  The<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/ovt.pdf" target="new">ORDER VESTING TITLE</a>  </FONT> (See page "7 of  9") confirms those Public Title Records which establish each of the following:</div> <bR> <div> (1)  The lawful owner of the farm property to be "<I>THOUSAND HILLS TRUST NO. 1</I>" with "<I>HARRIET P. VANCE, (as) TRUSTEE</I>";</div> <bR> <div> (2)  "<I>TOTAL AREA</I>" in the farm property prior to the entry of the ORDER VESTING TITLE was "<I>181.400 AC.</I>";</div> <bR> <div> (3)  "<I>TOTAL AREA REQ'D</I> (for the project)   <I>2.782 AC.</I>";</div> <bR> <div> (4)  "<I>AREA REMAINING</I>" in the farm property after the entry of the ORDER VESTING TITLE is "<I>178.618 AC.</I>".</div> <bR> <div> (B)  The<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/fjo.pdf" target="new">FINAL JUDGMENT ORDER</a>  </FONT> states, in pertinent part, as follows:</div> <bR> <div> "<I><B>THIS COURT FINDS:</B></I></div> <bR> <div> <I>1.  All defendants other than Harriet P. Vance as Trustee under a Declaration of Trust dated October 22, 1993, known as the Thousand Hills Trust No. 1, have been dismissed with prejudice or defaulted pursuant to prior court orders. . . ..</I></div> <bR> <div> <I>4.  The remaining interested party in </I>(the subject)<I> Parcel . . . is Harriet P. Vance as Trustee under a Declaration of Trust dated October 22, 1993, known as the Thousand Hills Trust No. 1.</I></div> <bR> <div> <I>5.  Said party is entitled to receive the total sum </I>(specified)<I> . . . as full and just compensation for the fee simple title to </I>(the subject)<I> Parcel and for damage to the remainder.</I></div> <bR> <div> <I><B>IT IS THEREFORE, ORDERED AND ADJUDGED AS FOLLOWS:</B></I></div> <bR> <div> <I>1.  . . .  The Winnebago County Treasurer shall pay the sum </I>(specified)<I> to Harriet P. Vance as Trustee under a Declaration of Trust dated October 22, 1993, known as the Thousand Hills Trust No. 1 upon presentation of a certified copy of the instant Final Judgment Order.</I></div> <bR> <div> <I>2.  The terms of the Stipulation for Final Judgment Order entered into between the parties shall be incorporated into and made a part of the instant order.</I></div> <bR> <div> <I>3.  The order of October 27, 1998, vesting the plaintiff with fee simple title to Parcel </I>(specified)<I> is hereby confirmed.</I>"</div> <bR> <div>      The<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/fstip.pdf" target="new">STIPULATION FOR FINAL JUDGMENT ORDER</a>  </FONT>, referred to in the FINAL JUDGMENT ORDER, was signed solely by Attorney Mary J. Gaziano, on behalf of IDOT, and Harriet P. Vance as Trustee, on behalf of Thousand Hills Trust, and constitutes an agreement that:</div> <bR> <div>      "<I>2.     All defendants other than Harriet P. Vance as Trustee under a Declaration of Trust dated October 22, 1993, known as the Thousand Hills Trust No. 1, have been dismissed with prejudice or defaulted pursuant to prior court orders. . . ..</I></div> <bR> <div> <I>     5.     The </I>(specified)<I> sum . . . is agreed to be just compensation in full to be paid by the plaintiff for the fee simple title to Parcel </I>(specified)<I> . . . the parties agree that no additional amount is due to be paid by the plaintiff.</I></div> <bR> <div> <I>     6.     The parties hereto agree to the entering of the Final Judgment Order instanter fixing compensation for the taking of the fee simple title to Parcel </I>(specified)<I>, and setting forth the conditions of this stipulation.  . . .  This stipulation is the entire and exclusive agreement of the parties and supersedes any written or oral understanding, promise, or agreement, directly or indirectly related to the eminent domain action.  All parties by their signatures hereunder waive any right to a jury trial.  The parties further agree that the entry of said Order shall terminate this action.</I>"  </div> <bR> <div> <FONT SIZE="4" COLOR="#BF0000" FACE="Times New Roman" ><B>NOTE:</B></FONT>     <FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >The evidence establishes that the Stipulation for Final Judgment Order does not address or reference any ownership issues pertaining to the farm property.</FONT></div> <bR> <div>      Page "<I>7 of 8</I>" of the<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/fjo.pdf" target="new">FINAL JUDGMENT ORDER</a>  </FONT>, filed with the Winnebago County Recorder's Office as Document No. 0038057 on August 1, 2000, establishes that the Winnebago County Treasurer issued Check No. 4063 solely to "<I>Harriet P. Vance, Trustee</I>", as instructed by that Order, in the specified sum on October 28, 1998.</div> <bR> <div>      As per the initial request of IDOT, as stated in the Complaint filed in the obviously unnecessary IDOT Case:</div> <bR> <div> "<I>B.   just compensation </I>(was)<I> made according to law to the owner() and person() interested in the property and to each of them;</I>  and</div> <bR> <div> <I>C.  an order </I>(was)<I> entered granting Plaintiff fee simple title to </I>(the 2.782 acre)<I> Parcel, . . ..</I>"</div> <bR> <div>      Consequently, both the title to the farm property and the Public Title Records maintained by the Winnebago County Recorder's Office, pertaining to the ownership of the farm property, were each confirmed by the State Court FINAL JUDGMENT ORDER signed by Judge Kennedy on October 27, 1998 in Winnebago County Case No. 97-ED-1.  </div> <bR> <div> <FONT SIZE="4" COLOR="#BF0000" FACE="Times New Roman" ><B>NOTE:</B></FONT><FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" >     </FONT><I>"Unless and until . . . reversed or modified, [the state-court judgment] would be an effective and conclusive adjudication." </I><FONT SIZE="3" COLOR="#0000FF" FACE="Arial" > </FONT> <a href="http://www.wellsofjustice.org/pdf/ussc 03-05.pdf" target="new">Exxon Mobil, Corp. v. Saudi Basic Industries, Corp.</a>  , 544 U.S. ___ , (page 7)  Unanimous decision delivered for the United States Supreme Court by Justice Ginsburg on March 30, 2005, clarifying the <I>Rooker-Feldman</I> doctrine in support of 28 U.S.C. 1257.</div> <bR> <div>      The Record in Case 97-ED-1 establishes that there was no effort made either to reverse, to modify, to vacate, or to appeal the FINAL JUDGMENT ORDER signed by Judge Kennedy on October 27, 1998.  In those recent words of Justice Ginsburg, the FINAL JUDGMENT ORDER was "<I>an effective and conclusive adjudication</I><FONT SIZE="3" COLOR="#000000" FACE="Arial" >"</FONT><FONT SIZE="4" COLOR="#000000" FACE="Arial" > </FONT>as to the lawful ownership of the farm property.<FONT SIZE="4" COLOR="#000000" FACE="Arial" > </FONT></div> <bR> <bR> </td> </tr></table></body>