Human Rights Alert, NGO

Joseph Zernik, PhD

3144PO Box 31440, Jerusalem 91313

"
91313 ,31440 "

123456xyz@gmail.com;

13-07-25 In re: RSZ (1829-06-10 and 25607-03-13) in the Haifa

Magistrate Court filing letter to the State Attorney in re:
Fraud under the guise of court actions
The joint conduct of Attorney Amos Zadika and Judge Esperanza
Alon in this case should be deemed Fraud on the Court. The
Attorney Zadika record below is also a unique example of writing
by an attorney, who according to Conservator Robert Zernik is one
of the most senior (or at least most costly) family court attorneys in
Haifa.
#

Caption and No

Page

1.

13-07-25 In re: RSZ (1829-06-10 and 25607-03-13) in the

2
Haifa Magistrate Court filing letter to the State Attorney in re:
Fraud under the guise of court actions [English translation]

2.

13-07-25 In re: RSZ (1829-06-10 and 25607-03-13) in the

7
Haifa Magistrate Court filing letter to the State Attorney in re:
Fraud under the guise of court actions [Hebrew original]

LINKS:
[1] 10-06-01 In re: RSZ (1829-06-10 and 25607-03-13) in the Haifa Magistrate Court
Fraudulent Affidavit of Robert Zernik and Consent Letters by Dror Zernik and Uri Zernik
http://www.scribd.com/doc/147093295/
[2] 13-04-29 In re: RSZ (1829-06-10 and 25607-03-13) in the Haifa Magistrate Court Notice
of false and deliberately misleading April 7, 2013 Request to Add Dror Zernik as Conservator
http://www.scribd.com/doc/148131383/
[3] 13-05-22 In re: RSZ (1829-06-10 and 25607-03-13) in the Haifa Magistrate Court
Declaration of Joseph Zernik: Judge Esperanza Alon - master of the "mystical secrets of court
procedure", or "obstructionist with impunity"?
http://www.scribd.com/doc/147192877/

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In the Haifa Magistrate Court

25607-03-13
In re: RSZ
Filer: Conservatee's son, Joseph Zernik
PO Box 31440, Jerusalem, 91313
Parties (to the best understanding of the Filer):
1. Conservator Robert Zernik, by his counsel Amos
Zadika
2. Counsel for the State Attorney, Ministry of Justice
3. Counsel for the State Attorney, Ministry of Welfare
Other Conservatee's Children:
1.
Dror Zernik Conservatee's son
2.
Uri Zernik Conservatee's son
=
Declaration of the Conservatee's Son: Letter to counsel of the State
Attorney's office Request for immediate measures by the State
Attorney in view of indisputable evidence of conduct of fraud under
the guise of court actions in the Haifa Magistrate Court under these
court files.
The Court is asked to respond on instant Declaration within 14 days.
I, the undersigned, Joseph Zernik, ID no..., knowing that I must say the
truth, and that I may be liable for penalties stipulated by law if I do not do
so, declare as follows:
1.
My name is Joseph Zernik, and the Conservatee is my mother.
2.
Attached in Appendix A is a letter, mailed on July 24, 2013, to
counsel for the State Attorney, with copy to the Conservator Robert
Zernik and the candidate for addition as conservator Dror Zernik,
titled: In re: Convervatee RSZ ( 1829-06-10 and 25607-03-13) Request for immediate measures by the State Attorney in view of
indisputable evidence of conduct of fraud under the guise of court
actions in the Haifa Magistrate Court under these court files.
3.
The letter refers to Response by the Responders on Repeat Request
for Inspection of Court File, which was filed by Conservator Robert
Zernik's counsel on July 3, 2013 under court file 25607-03-13.
3a
The Response by the Responders was filed by Attorney Amos
Zadika also on behalf of Dror Zernik, but no corresponding certificate of
Power of Attorney was filed or served with it.

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4.

The letter point out additional evidence of fraud conducted under

the guise of court actions in the Haifa Magistrate Court in the above
referenced court files.
5.
Among the evidence it should be noted that Response by the
Responders on Repeat Request for Inspection of Court File was filed
with no affidavit by the filers, Conservator Robert Zernik and the
candidate for addition as Conservator Dror Zernik.
6.
Among the evidence it should be noted that Response by the
Responders was filed under false and misleading title, since in fact it
is a request to impose various penalties on the undersigned, the
Conservatee's son.
Therefore, the Court, of its own volition, should remove the Response by
the Responders from registration in instant court file.
Today, July 24, 2013

Signed
________
Joseph Zernik, Conservatee's son

July 24, 2013

Attorney Liana Huri
Counsel for the State Attorney, Ministry of Justice, Haifa
By fax
Attorney Michal Kaplan
Counsel for the State Attorney, Ministry of Welfare
By fax
RE: RSZ (1829-06-10 and 25607-03-13) Request for immediate
measures by the State Attorney in view of indisputable evidence of
conduct of fraud under the guise of court actions in the Haifa
Magistrate Court under these court files.
Your response within 14 days is requested
Dear Attorneys Huri and Kaplan:
Attached is the record Response by the Responders on Repeat Request to
Inspect Court File, which was filed by Counsel for the Conservator
Robert Zerik's Counsel Attorney Amos Zadika on July 3, 2013, under court
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file 25607-03-13. [1] The record is forwarded to you, since it is doubted

that it was duly served by Attorney Zadika himself.
This record should be deemed additional evidence of conduct of fraud
under your oversight, under the guise of court actions in the above
referenced files of the Haifa Magistrate Court.
Following are only a few central points relative to the Response by the
Responders record:
1.

2.
3.

The record, which is replete with false statements (see below), was
filed by Attorney Zadika with no affidavit by the filers Conservator
Robert Zernik and the Conservatee's son Dror Zernik. Therefore, the
record is invalid on its face.
The record fails to duly list the names of parties to the case.
The record, which is in fact a request to impose penalties on the
undersigned, was falsely filed under a misleading title: Response by
the Responders on Repeat Request to Inspect Court File.

4. In paragraph 1 (paragraph numbers as they appear in the above

Response by the Responders) Attorney Zadika refers to Entered
Decision of the Court, dated April 5, 2013. There is no entered
decision in this matter. The undersigned was served to this date only
court records in the above referenced court files, which are unsigned by
the judicial authority, accompanied by unsigned authentication letter by
an unnamed clerk. Moreover, Chief Clerk Israel Hen refuses to
certify any of the Court's decisions in the above referenced files True
Copy of the Original.
5. In paragraph 4, attorney Zadika claims that the undersigned is party in
court file 25607-03-13, pursuant to the Legal Competency and
Conservatorship Act, Article 80.
Article 80 of the above referenced Act says:
Definitions
80. In instant Act Conservatee - is whomever the court appointed a conservator for,
pursuant to Article 33, or whomever the court is authorized to
appoint a conservator for, even before clarification, whether
1

The record July 3, 2013 "Response by the Responders on Repeat Request to Inspect Court File",
filed by Attorney Zadika:
http://www.scribd.com/doc/154603515/

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conditions for the appointment are valid, all relative to the specific
case.
"Representative of a person parents or conservator whomever
the court appointed as conservator, all pursuant to Chapter 2 and 3.
"Relative - father, mother, son, daughter, brother, sister,
grandfather, grandmother, grandson, granddaughter.
There is nothing in the above quoted Article of the Act to provide the
legal foundation for the claim that the undersigned is purportedly a
party in court file 25607-03-13. Moreover, there is no explanation in the
above referenced article, and there could not be any reasonable
explanation, how the undersigned could purportedly be a party in court
file 25607-03-13, but not in court file 1829-06-10. Moreover, a
reasonable person would be hard pressed to believe that Attorney
Zadika, if he is a competent attorney, was not aware of the falsehood of
such claim.
6. In paragraph 6, Attorney Zadika says proceedings that were opened
through the initiative of the Requester [Requester to Inspect Court
File Joseph Zernik]. Such statement is false and misleading on its face
as well:
a. Proceedings in court file 1829-06-10 commenced with Request to
Appoint a Conservator, filed by Robert Zernik, and
b. Proceedings in court file 25607-03-13 commenced by Request to
Add a Conservator, which was filed by Robert Zernik as well, though
Attorney Zadika himself.
A reasonable person would be hard pressed to believe that Attorney
Zadika, if he is a competent attorney, was not aware of the falsehood of
such claim.
7. In paragraph 8 Attorney Zadika says the requester published on the
internet a scholarly article. The widespread use of quotations by
Attorney Zadika in the above referenced record is baseless - scholarly
article, like all other statements in quotations, does not refer to any
source, which is referenced in the record. Moreover, the record, which
attorney Zadika refers to is no article at all, but a record that was
filed in the Supreme Court of the State of Israel. Again, a reasonable
person would be hard pressed to believe that Attorney Zadika, if he is a
competent attorney, was not aware of the falsehood of such claim
regarding the publication of an article, and/or scholarly article.
8. In the above referenced record, Attorney Zadika also claims one thing
and its opposite that the undersigned is party to court file 25607-0313, but is prohibited from access to the same court file. Such claim
stands in contradiction with the law of the State of Israel, moreover, it
contradicts the fundamentals of Due Process in Human Rights,
pursuant to ratified International Law. Again, A reasonable person
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would be hard pressed to believe that Attorney Zadika, if he is a

competent attorney, was not aware of the falsehood of such claim.
9. It should be noted that process in court file 1829-06-10 was commenced
through the Request to Appoint a Conservator, which was filed by
Robert Zernik, accompanied by a false and deliberately misleading
affidavit, [2] intended to conceal from the Conservatee's brother, Prof
Eliyahu Shamir, and from the undersigned the commencement of the
process for appointment of a conservator for his mother, several weeks
after his return to Israel, but years after his mother became legally
incompetent.
10. It should be again noted that court file number 25607-03-13, opening of
which should be deemed obstruction of justice (a point noted already
by the Counsel for State Attorney, Ministry of Welfare), was
commenced by the Conservator through the filing of Request for
Adding a Conservator, accompanied by a false affidavit by the
Conservator, and filed by Attorney Zadika himself. The Request to
Add Conservator is based on a forged Powers document from 2008,
purportedly by my mother to Dror Zernik, pertaining to her own
medical treatment. [3] At the same time, Attorney Zadika repeatedly
refuses to duly attach the document itself as evidence to the Request
to Add a Conservator. Again, a reasonable person would be hard
pressed to believe that Attorney Zadika, if he is a competent attorney,
was not aware of the falsehood of such claim and his wrongful conduct
in relying on a forged document, which he refuses to duly file in court.
11. Regarding obstructionist conduct by Judge Esperanza Alon in the
above referenced court files, the undersigned filed two declarations
with the Court:
a. Declaration of the Conservatee's son: Judge Esperanza Alon
master of the mystical secrets of court procedures, or
obstructionist with impunity?, filed on May 22, 2013. [4]

2 April 2, 2013 Notice and Declaration by the Requester to Inspect Court File, Joseph Zernik, for
correction of false and misleading statements in the June 1, 2010 Consevator Robert Zernik Affidavit,
filed with the Request to Appoint a Conservator

http://www.scribd.com/doc/147103607/
3 April 29, 2013 Notice of false and deliberately misleading court record Amended Request
to Add Dror Zernik as a Conservator filed by Attorney Zadika on April 7, 2013

http://www.scribd.com/doc/148131383/
4 Declaration of the Conservatee's son: Judge Esperanza Alon master of the 'mystical secrets of
court procedures', or 'obstructionist with impunity'? filed on May 22, 2013

http://www.scribd.com/doc/147192877/

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b. Declaration of the Conservatee's son regarding concerns of

obstruction of justice in court files related to Conservatee Rivca
Shami Zernik, filed on June 20, 2013. [5]
Judge Alon consistently refuses to respond on the plethora of
evidence for obstruction of justice by her in the above referenced
court files, including her joint conduct with Attorney Amos Zadika,
relative to the two different and contradictory March 17, 2013
decisions, through which Attorney Zadika tried to mislead the
undersigned.
In view of all the above, the undersigned asks that Counsel for the State
Attorney take immediate measures, pursuant to their duties and
authorities, to immediately bring to a halt fraud conducted under the guise
of court action in the above referenced court files, to to ensure due
process, pursuant to the law of the State of Israel, regarding the
Conservatee, my mother, Rivca Shami Zernik.
Truly,
Signed
______
Joseph Zernik, Conservatee's son
Copies:
1)
Attorney Amos Zadika
2)
Haifa Magistrate Court
3)
Conservatee's brother, Prof Eliyahu Shamir
4)
Conservatee's son Dror Zernik
5)
Conservatee's son Uri Zernik
6)
Attorney Rachel Ben Ari Committee on Judicial Appointments

5 "Declaration of the Conservatee's son regrading concerns of obstruction of justice in court files related
to Conservatee Rivca Shami Zernik", filed on June 20, 2013.
http://www.scribd.com/doc/148959184/

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