On Wed, 16 Jul 2003 22:00:19 GMT, [email protected] (Keith Henson) wrote:
DECLARATION OF VICTORIA AREL LUCAS
I, Victoria Arel Lucas, declare:
The facts set forth in this declaration are known to me personally. If requested to testify as to the truthfulness of the facts set forth in this declaration, I would do so.
1. I am filing in pro se because my attorney has informed me that he will not represent me in answering this complaint. I am actively seeking legal counsel at this time. In the meantime, I do not fully know the legal meanings of some of the language used in the complaint. My accompanying answer is to the best of my ability.
2. I did not see a copy of the adversary proceeding referenced in the attached "Answer" until the evening of June 18, 2003, at around 9:30 pm EDT.X's privilege of receiving service for me. It is probable that his claim that I did is due to a misunderstanding. In any case, no copy served on or sent to anyone other than Stanley Zlotoff has reached me by any means.
12. RTC knows full well where I live and what my address is, since an agent of the "Church" of Scientology called the Canadian Immigration service and falsely reported that I was working without a proper permit, after which an Immigration agent came to investigate my situation. Since, according to organizational charts and the testimony of former officials of the "Church" of Scientology, RTC is at the very top of the management chain of the "Church," RTC has access to any knowledge possessed by agents of the "Church."
13. It is my belief that RTC is deliberately not informing me of processes in bankruptcy court concerning my husband's bankruptcy in order to put me at a disadvantage.
14. RTC is abusing the bankruptcy process to destroy my husband and, by extension, to destroy me since they do not wish for me to have assets with which I could possibly aid my husband.
15. It is my belief that RTC's attorney, Samuel Rosen, lied when he claimed before this court that RTC is not "affiliated with" the "Church" of Scientology. I have copies of several documents, including the 1993 IRS "secret agreement," that state otherwise.
16. RTC's association with the "Church" of Scientology, which has deliberately brought about my husband's "fugitive" status in the United States after his citizen's arrest by law-enforcement agents acting on their behalf, proves their bad faith as creditors.
17. Mr. Rosen, RTC's lawyer before this court, was forced to file notes from a settlement conference last spring. Those notes, Exhibits 185 and 191 in a wrongful death suit in Pinellas County, list about $35 million in expenses spent against my husband and others opposing RTC's fraudulent activities. Over a million dollars was listed as having been spent against my husband, and an addition $350,000 was budgeted at that time. It is clear from these exhibits that RTC is not trying to regain losses as a creditor; it is trying to bring about the annihilation of my husband.
Since the inception of his bankruptcy, the "Church" has had agents physically attack him five times, once (by lying to the police) with guns, has brought actions against him for restraining orders, has brought a successful criminal action for allegedly threatening to hurl an ICBM at their international headquarters in Gilman Hot Springs, California, and has funded and coerced three of their staff members to sue him for loss of "civil rights" related to the criminal action. My husband's attempts to appeal the latter two actions have been denied by a court that is as obviously intimidated and manipulated by the "Church" as was the jury that convicted him of a misdemeanor. Not a single member of that jury can now be found by a private investigator employed to locate them for investigation of improper influence.
18. I purchased the property at 302 College, Palo Alto, California jointly with my husband in 1996. We requested joint tenancy with right of survivorship from the title company. This was the second house we owned in joint title, the first being purchased some years before Scientology attacked the Internet in a censorship attempt and my husband (concerned about free speech) became involved. More than half the down payment to purchase the first house (used to leverage purchase of the Property) was from property I had sold in Canada and savings held solely in my name.
19. It was my understanding, when I signed the contract for that property in joint tenancy, that I am entitled to half the value of the property should it be sold before one of us dies.
20. I cannot now make the mortgage payments, which are more than my present salary.
21. I have received notice from Allstate that the property is uninsured and demanding payment for past insurance coverage.
22. I have received notice that the mortgage company will foreclose the mortgage on the house starting on June 28, 2003.
23. The property at 302 College, Palo Alto, California, is my last asset except for a small IRA worth around $10,000, which is my sole savings and retirement fund. I am near retirement age and at this point I do not even own a car.
24. The house at 302 College, Palo Alto, California, presently stands empty, since I choose to honor my marriage vows and stay by my husband's side in Canada. The equity in it is declining at $2000 a month in interest and unpaid taxes. The prospective buyers have cut their offer by $30,000 due to declining real estate values during the delay RTC has caused before this court, for a personal loss in the last ten months of half of $50,000.
25. My husband cannot return to the State of California--or even to the United States of America--by reason of credible public implied death threats repeated as recently as February 24, 2003 on the Internet by people whom I believe to be agents of the "Church" of Scientology. The threats were reported to the local police in Brantford, Ontario.
26. If my husband were to return in order to attend his 341 confirmation hearing, as the US Bankruptcy Trustee demands, even if he could get as far as the courthouse, agents of the "Church" would be sure to have him arrested and given into the custody of agents of Riverside County, so that he could not appear at his own hearing. 27. It is my belief that my husband would be killed or gravely injured in county jail by agents of the "Church" of Scientology and therefore of RTC. The entire county government of Riverside appears to be under a remarkable degree of influence by Scientology. The parole officer assigned to my husband was quite open about his sentence's being a political matter.
28. RTC's animosity toward my husband is neither due to any financial debt they claim nor to any financial losses they could conceivably have suffered due to any action of his. They are attempting to destroy him because he has tried to expose the criminality of their subversive organization, which is attempting to improperly influence and take over governments, including governments of and in the United States.
29. RTC's actions in and out of bankruptcy court against my husband are characterized by lies, rancor, intimidation, abuse of process, threats of violence (two threats against attorneys of my husband and myself, the latter witnessed by staff of the bankruptcy court in which this answer and declaration are being filed; an intimidating charge by Mr. Rosen halfway across the bankruptcy courtroom at me in the witness stand, stopped only by the judge), misrepresentations in court and at deposition, purposeful delays, mixing of civil and criminal rules, and in general a slavish adherence to the policies of the "Church" of Scientology that call for the destruction of those who are declared by them to be "enemies" of the "Church."
30. My husband, H. Keith Henson, has been declared an "enemy" of the "Church" of Scientology in testimony given under oath before a court in Clearwater, Florida by a security agent of Scientology. He is therefore subject to their policy of "fair game": bankrupting enemies, opposing them in bankruptcy court, further depleting their resources while in bankruptcy by bringing further actions against them and delaying bankruptcy actions, and finally causing foreclosure on any real property while continuing to hurl accusations, lawsuits and other invective. RTC and other Scientology agents and corporations did the same in bankruptcy court to Debtor's former lawyer Graham Berry in 2000.
31. The bankruptcy process has been abused by RTC and is continuing to be abused by them on behalf of their policy to destroy "enemies." 32. Unfortunately the courts seem helpless to prevent an extremely wealthy party with a non-economic agenda from using the courts as a weapon against a whistle blower who tries to warn the public. RTC may be the worst in this respect. Second worst would be tobacco companies. My last position was as archivist at the Tobacco Control Archives at the University of California at San Francisco, and I became familiar with similar litigation, death threats and other tactics used against my colleagues and fellow employees because we were exposing lies and criminal actions of the tobacco giants. It is my belief that this bankruptcy court has been abused, intimidated, threatened and lied to by this one complaining debtor, RTC, just as the tobacco companies abused legal process for decades before their exposure was finally public enough to gain the attention of government agencies globally.
33. As to RTC's demand to depose me yet again, there is nothing that could be accomplished by deposition beyond the several days during which I have been abusively deposed except more harassment, accusations, invective and lies on their part. If there are specific questions that need to be answered, these can be accomplished by interrogatories. RTC wants further deposition of me as a fishing expedition and intimidation tactic.
34. I am praying relief from the court as follows: that the court close out my husband's only remaining asset under his involuntary Chapter 7 bankruptcy by permitting the immediate sale of our house, held in joint tenancy, and granting me my half of the proceeds of the sale.
I declare under penalty of perjury under the laws of United States and Ontario that the foregoing is true and correct to the best of my knowledge and belief. Signed in Brantford, Ontario June 19, 2003.
Victoria Arel Lucas