Professional Documents
Culture Documents
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Upon the Petition of ) EQUITY NO CDDM046901
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COLLEEN A COLLINS, RESISTANCE AND
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Petitioner, ) REQUEST FOR
and concerning ) PROTECTION, RECUSAL,
THOMAS G TASSEFF ) AND CHANGE OF VENUE
Respondent pro se )
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COMES NOW Colleen A. Collins (Tasseff), the Petitioner pro se in the above
captioned equity and files with the Court a Resistance to Respondent’s
Application for modification and also REQUESTS PROTECTION,
RECUSAL, AND CHANGE OF VENUE. Petitioner states in resistance:
1. Petitioner prays the court for relief from Respondent’s threats of sanctions,
incarceration and contempt, inflicting intentional emotional distress.
3. A lawsuit brought by Respondent against the shelter via the Iowa Civil
Rights Commission was posted on respondent’s “blogspot”: “HomelessT”, as
follows:
In the State of Iowa, County of Linn, before the Iowa Civil Rights Commission
Complainant,
vs
DAYMON H. GURKET AL,
Respondent
COMES NOW Homeless T, the complainant pro se, and pursuant to the Code
of Iowa 16.15 applies to the Civil Rights Commission for a prompt
investigation and finding of probable cause to bring action against the
Respondent, the Bleak House Shelter in Linn County, Iowa. In support of his
application, Complainant states:
1. He was evicted without notice from the homeless shelter because of his
marital status on December 23, 2009. To wit, he was denied continued lodging
at the BleakHouse Shelter, Inc., and made to depart the premises on threat of
police action for trespass, because he would not swear nor affix his signature to
a criminal complaint for harassment lodged by the Respondent against
Complainant’s wife (whom Respondent has never met, and who lives in a
different city than Complainant). Respondent explicitly demanded that
Complainant endorse Respondent’s criminal complaint against Complainant’s
wife, or leave the premises—or be removed by police.
2. Complainant was also discharged without notice from his employment at the
shelter during the same transaction.
a. Respondent be made to comply with legal practices regarding the civil rights
of the shelter’s homeless clientel.
Respectfully submitted,
____________________________________
http://homelesslikeme.blogspot.com/2010/03/nostalgic-reading.html
WATERLOO -- A former community college instructor who was shocked by
a police Taser has pleaded to misdemeanor charges stemming from a
disturbance at a convenience store. Homeless T, 55, of Waterloo, entered an
Alford plea to a charge of interference with official acts causing injury, which
alleged he pulled away from an officer who was escorting him from the store.
"I removed my arm from the grasp of a Waterloo police officer," Homeless, a
former communications teacher at Huck Finn Community College, wrote in a
written plea filed with the court.
As part of the Alford plea, Homeless didn't admit any wrongdoing but
acknowledged there was a strong possibility he would be convicted if the
matter went to trial. A trespass charge was dismissed as part of the pleadings,
and Associate Judge Nate Calhoon granted a deferred judgment, meaning
the offense will come off Homeless T's record if he successfully completes a
year of self probation. He was ordered to pay a $625 civil penalty plus
court costs.
Homeless T has said the use of the Taser on him was unwarranted. Police
said they were called to a dispute between HomelessT and the clerk at Rats
Kiwk, W. Ninth St., at about 3:30 a.m. April 23. They were leading him from
the store when he turned around and continued to argue with the
employee. Homeless allegedly began to struggle when police attempted to
place him under arrest, and he was shocked with a Taser, police said. One
officer said he injured his left elbow and twisted his shoulder during the scuffle.
Homeless said the clerk refused to accept his returnable pop bottles and then
declined to sell him a bottle of cream soda. He said police asked him to leave
and took him by the arm, and he turned to ask the clerk's name so he could
write the company. That's when officers "swarmed" him, he said. "The
cops were as high as kites," he added.
HFCC officials were not immediately available for comment as to the timing
and conditions of Homeless T's separation of employment from the college.
at 3:43 PM 1 comments
5. Respondent has been defrauding the court throughout this case. His
testimony is resplendent with perjury, deceit and prevarication and should
be summarily dismissed. Petitioner has provided the court with numerous
exhibits which clearly support the above statements but her defense has
repeatedly been ignored by the courts and withheld by her former
attorney, Robert Thompson during trial on December 3, 2008; violating
Petitioner’s Constitutional rights to due process.
9. As a result of the bizarre lifestyle respondent has chosen for himself over the
past few years petitioner lives in a state of measured paranoia and fears being
home alone.
11. It is petitioner’s knowledge and belief that the trial court abused its
discretion when arriving at a final ruling, failing to consider that the TIAA-
CREF fund was protected by ERISA LAW which demonstrates the trial
court’s lack of impartiality, knowledge concerning the complexities of
ERISA law, and coupled with its ultimate decision, acts as proof of the
district court’s abuse of discretion in handing down a decision that is not
supported by the evidence, gender-biased, and punitive in nature. Therefore,
petitioner claims Judge Jon Fister and Judge Thomas Bower abused their
discretion in these proceedings and Petitioner, in all due respect to the court,
prays for a recusal fearing additional prejudice and threats of incarceration.
She also contends this abuse of discretion that has been evident throughout
this case and culminated in the district court’s final decision (which
Petitioner tried to appeal, but dismissed not by reason of “content” but by
her lack of legal knowledge concerning the “form” of appellate procedure.
This should set grounds for a new trial.
“A fair trial in a fair tribunal is a basic requirement of due process. Fairness of course
requires an absence of actual bias in the trial of cases.” In re Murchison, 349 U.S. 133,
136, 75 S. Ct. 623, 625, 99 L. Ed. 942, 946 (1955). Parties have a right to a neutral and
detached judicial officer. State v. Mann, 512 N.W.2d 528, 532 (Iowa 1994). When a
judge has demonstrated a blatant lack of regard for the law, other courts have found the
judge abused his discretion in not recusing himself. See Allen v. Rutledge, 139 S.W.3d
491, 498-99 (Ark. 2003) (holding when coupled with the overall biased tone of the judge;
Demanding Petitioner to final ORDER; ignoring ERISA law in which the TIAA-CREF
pension fund is governed, failing to acknowledge Iowa Code relating to rulings based on
insufficient evidence, ineffective assistance of counsel, and fraudulent testimony are
means to deem the final ruling unenforceable; whereby Petitioner was denied due
process and her Constitutional rights were violated.
12. Aida Del Valle, the assigned consultant for Respondent’s TIAA-CREF
fund, failed to acknowledge/nor had knowledge that the plan was protected by
ERISA law when evaluating the QDRO. Hence, the plan administrators are
lacking knowledge of FEDERAL provisions within the laws of ERISA. The
court needlessly humiliated and threatened Petitioner with incarceration;
demanding her to sign documents in ERR which is in violation of her
Constitutional rights and ERISA law.
12. Petitioner was denied due process in the Order to Show Cause hearing
of June 24, 2008. She was disallowed to submit evidence in her defense and
was coerced into signing a QDRO (while her appeal was in process), or
else: go to jail. Under duress and with reluctance, petitioner signed the
document. Neither the trial court nor petitioner’s attorney acknowledged,
or was aware that the TIAA-CREF pension fund was governed by ERISA
law, stated as follows:
Sec. 1140. Interference with protected rights
109-280, title II, Sec. 205, Aug. 17, 2006, 120 Stat.
889.)
References in Text
and Tables.
Amendments
Regulations
[Page 469-470]
TITLE 29--LABOR
[Page 469-470]
TITLE 29--LABOR
The Order to Show Cause hearing of June 24th, 2008 is in violation of the above
information and also denies petitioner opportunity to present evidence in
support of her affirmative defense. Transcript attached as Exhibit A.
13. Petitioner was also denied due process in the divorce trial. Fraudulent
testimony and false financial affidavits submitted by Respondent were
uncontested by Petitioner’s counsel and thus were used as the basis for the trial
court’s final ruling, judgment and decree. If Iowa Rules of Civil Procedure can
be relied upon, a final ruling based on insufficient evidence, fraudulent
testimony, counsel who was both ineffective and in violation of multiple codes
of professional ethics would be reasonably deemed unenforceable.
14. Petitioner’s inability to afford appellate counsel resulted in the death of
her pro se appeal. Iowa Legal Aid only offers assistance in “criminal” cases .
Petitioner’s former counsel (against whom she filed a grievance for multiple
violations of professional conduct) nonetheless suggested that she find an other
attorney while aware of her dire financial situation and the fact that legal aid
would not be available. Hence, petitioner had no recourse but to proceed “pro
se”.
16. Full transcripts of all hearings (totaling nearly $1000.00, and paid for by
Petitioner) went unseen.
Petitioner can only surmise that the cruel treatment she was forced to endure
was driven by respondent’s litigious threats against the State’s interests and in
the final analysis, a serious miscarriage of justice.
Respectfully submitted,
_______________________________
_
Original to court Colleen A. Collins (Tasseff)
Copy to Thomas Tasseff Po Box 316
Dike, IA. 50624
Cccollins11@gmail.com
CERTIFICATE OF SERVICE
I hereby certify this document was served upon all attorneys of record for each
party to this action and all concerned parties unrepresented by counsel, in the
following manner: by US Mail to respondent Thomas G. Tasseff PO Box 43,
Traer, IA. 50675
On March 19, 2010 by Colleen A. Collins (Tasseff)_________________