• Report: #1081616

Complaint Review: TD BANK

  • Submitted: Wed, September 04, 2013
  • Updated: Wed, September 04, 2013

  • Reported By: Agripina — New York New York
TD BANK
New York, New York USA

TD BANK COMMERCE BANK TD BANK SAFE DEPOSIT BOX VIOLATED in 2007 and 2012. TD BANK COMPELED WITH MERCK , GLENCORD BUILDING CORP, STATE FARM INSURANCES, AND HIS ACCOMPLICES IN CRIMINAL ACTS! New York New York

*Author of original report: 100% true!

*Author of original report: AGRIPINA'S MEA CULPA!

*Consumer Comment: You are almost certainly the looniest person, ever to post on Ripoff Report...

*General Comment: a court order...

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TD BANK SAFE DEPOSIT BOX VIOLATED in 2007  and 2012.

TD BANK COMPELED   WITH MERCK COMP., GLENCORD BUILDING CORP., RISK MENAGEMENT PLANING GROUP, STATE FARM INSURANCES  , and ACCOMPLICES IN  CRIMINAL ACTS!

CONSUMER NEGLECT,

POOR CUSTOMER CARE,

UNFAIR PRACTICE,

BREACH OF  CONTRACT

Should the currency of our value be monetary? 

In 2007 I had a safe deposit at Commerce Bank, now TD BANK.

On October 2007, I discovered that somebody falsified my signature, stole important evidences to be used in court, and personal staff. Somebody stole one of my keys from my safety place, and replaced it with a fake one . I lived alone, and I believed that nobody knew where my keys were. 

TD Bank (Commerce Bank) accepted their negligence in 2007, changed immediately the safe deposit box, and promised an investigation.

I did a writing complaint , and TD Bank ,promised me an investigation. Since, Commerce Bank, TD Bank  NEVER answered  at my request who falsified my signature ( Exhibit  Pg. 1), and who stole important evidences from my safe deposit box ,  even  I requested it many times  ( Exhibit Pg. 2, 3). (* Exhibits at request).

 Many  pictures, the  USB memories cards,  and evidences with a 17th Century painting were stolen.  Also, many evidences were falsified or decolorized. I closed that box. The Glencord peopel stole contacts evidences from box at their mercy, and make the Glencord's lawyers Robert Kahn and Augustin Jacobson to falsify the truth under oath at their mercy ( my complanit in Ripoff Report  filed on 8/20/2013)

 Due to  a vulnerable environment  I bought another safe deposit box  at TD Bank in 2012, and again  the  illegal acts happened.

 Again the vital documents disappeared  from my safe deposit box at TD Bank . Only a few examples:

  MY CASE AGAINST MERCK COMPANY WAS DISMISSED in Easter District of Louisiana  by judge Fallon only because my corrupted bankruptcy lawyer  Mr. Stuart Davis refused to add Merck in Schedule B,  as possible asset. This was the  alone impediment for Judge Fallon to grant my complaint :  

 

 

”  […Agripina “ ]   also suggest some desire to reopen her bankruptcy   proceedings to cure the omission”….

 ” furthermore, while “‘ Agripina”]  makes some reference to reopening her bankruptcy    proceeding, and states in an affidavit   that she will do so in the future( rec. doc. 63982-1 at2), she has not   actually made any attempt to do so ( other than writing a letter to her   former attorney) at this time “

  Judge Fallon   order July 25, 2012, pg. 3, and  5.

 

Honorable Judge Fallon said in his Order dated July 25, 2012- Pg. 5.

 [“Agripina”] essentially argues that from her   perspective, the nondisclosure was ”inadvertent” because  she relied on her bankruptcy  attorney to make the correct disclosure and   he failed to do so“.

 

  It was inadvertent, calculated by my lawyers and Defendant’ s Merck together. He was preoccupied to use double evidences, to inflated the amount,  and to add 10 more creditors. This is what I discovered in August 2012, when I reopened the bancruptcy case.  

 The District Court ignored  my  Notice of Motion for Reconsideration,  where the Bankruptcy Court granted to reopen  the case ( In August 2012 ), and to add Merck as asset. Later, between appeal in Fifth Circuit Court , I provided inclusive the Trustee’s  Abandonment.  So Merck is not anymore LEGALLY in ESTOPPEL .

 Additionally, the  on November  29, 2012 I received from  ”Trustee” a:  ” NOTICE OF ABANDONMENT OF PROPRIETY TO ALL CREDITORS,  THE DEBTOR, AND OTHER INTERESTED PARTIES “ where said: ” PLEASE TAKE NOTICE, that effectively November 29, 2012 (the ” Abandonment Date”), Ian J. Gazes, Chapter 7 Trustee ( the ”Trustee”) of the above captioned bankruptcy case of “ Agripina”  ( the “Debtor”), will be deemed to have abandoned to the Debtor, pursuant to 11 U.S.C. & 554(a) and Fed. R. Bankr. P. 6007 , the following propriety

  All of the Trustee’s right, title and interest, if any, in each of the proceedings set forth on the Debtor’s Amended Schedule “B” ( the “Proceedings”) – (Pl. App. Record- Excerpts, EXHIBIT4, – Pg. 1, 2, 3)".

 I did not come in this country for somebody money. I came to work, and to build a beautiful life, far  away from my small communist country, but it was impossible due my greedy lawyers who used me as a credit card and did lawsuit with forgeries in my name, and exloited my pain and suffering in a deparavtion stile.  

 In conclusion, it was not only some desire to reopen the case, because I did in very short time between appeal. But Judge Fallon, in abuse of discretion denied my Motion for Reconsideration, and to  appeal in Forma Paupris.

 AND THEN CAME TD BANK , TO HELP MERCK AND HIS ACCOMPLICES WHO MAKE TO DISAPPEAR MY APPEAL FROM MY SAFE DEPOSIT BOX PAID WITH CREDIT CARD.

  My copy of my  Notice of Appeal against Merck Comp,  sent on August 8,  2012, and filed on  August 24, 2012  in Louisiana Court ,  cannot be find in court anymore in October 2012.

The  attorney Robert Johnson Pro Se Curator, also cannot locate my appeal, and the Merck’s  Law Firm  STONE PIGMAN WALTHER WITTMAN L.L.C. , and the with his attorney counselor Dorothy H. Wimberley, refused to provide me  a copy of my Notice of Appeal, to answer at my phones, faxes, emails.

 Finally, only an email from the Law Firm  Oldafather ( Pro Bono),  saved the “ dirty” situation.  On  August 2012, Ms. Oldfather sent me  in attachment my Notice of Appeal and my Motion in Foprma Paupers filed in court as DI …..    Otherwise, no any help from the  District Court , or Merck’s lawyer who  refused.   ( Contemporaneous correspondence with the Eastern District of Louisiana , Merck’s lawyer, and  Pro Se curator at request).

  TD  BANK  CREATED WITH HIS ILLEGAL ACTS  TO HELP MERCK AND OTHERS,   A TOTALLY UNPLEASANT AND HOT HEALTHY ATMOSPHERE FOR MY APPEAL.

 Finally, the Fifth Circuit Clerk gave me green line to prepare my brief  and to submit again a Motion in Forma Paupers.  I did all. I prepared my  brief and exhibits in my appeal with Merck case,  I served the  Merck Company and I filed it  in the court. The clerck told me that everything is OK. I was waiting for approvals in Fifth Circuit to sue in forma paupers.

 No problems for Merck and his accomplices who can afford to pay people, and to falsify my brief,  to vandalize my exhibits, my affidavits.  

 The court’s decision was  in the defendant  Merck’s  favor. The decision  was  subject to the less stringent abuse of discretion  standard.

 My  appeal was dismissed  as per Ms. Rhonda  M. Flowers, Deputy  Clerk’s  letter  dated  June 25, 2013  because of:

 

” The court   has entered judgment under FED. R. APP. P.36. ( however, the opinion may yet   contain typographical or printing errors which are subject to correction”   (Exhibit Pg.3)

 

And

….” The   judgment entered provides that plaintiff –appellant pay to defendant   –appellee the cost on appeal(Exhibit Pg.3).

 

The Court refused to see my robust evidences in support of my case. The Order said:

 ”The district court also denied “ Agripina”   ’s motion for leave to proceed in forma pauperis. (IFP) on appeal. “ Agripina”    now moves in this court for leave to   proceed IFP on appeal. An IFP movant must demonstrate that she is pauper and   that she will raise  nonfrivolous   issues on appeal “.  The 5th   Circuit Order,  Pg. 2 .

 

 

I demonstrate in my Affidavit in support of my Notice of Motion in forma Pauperis that I am a pauper. I submitted an Affidavit ( 14 Pages) in support of my Notice of Motion for forma Paupers, as Document ID # 0051269377, filed on 11/19/2012, and for sure the court ignored  to see my affidavit.

 Also, why the court did not give me the chance to correct the “typographical or printing  errors” , why Merck did not do any complaints for that "typographical or printing errors"?

 Because were done  intentionally, and criminally by Merck,  especially do not be published, and to be a motif  the truth do not be known .

 Also, the Appellate Court Fifth Circuit abused in discretion when granted the defendant’s summary judgment and considered my case  ” FRIVOLOUS”.   

 Actually, the inferior Court and Defendant Merck did not consider my case frivolous. To have heart surgery, to be at high risk at heart attack  continually, to have multiple lacunars stroke,  to be daily in medicine and with Nitroglycerine  that means for the Fifth Circuit  “frivolous”?  Everything was at a Defendant’s Merck mercy:

 The evidences with Vioxx  were deleted by the pharmacist at Rainbow Pharmacy.

` The Subpoena Duces Tecum was ignored by pharmacist (Pl. App. Record- Excerpts, EXHIBIT 8, – Pg.  2).

  The  Oxford refused to answer at Subpeona  Duces Tecun to bring evidence with Vioxx, (Pl. App. Record- Excerpts, EXHIBIT 8,  Pg. 3),

  My corrupted cardiologists ( who did heart surgery in 2005) refused for years to give me my medical records, same with  another one from Nortyh Genmeral Hospital.

 The Amazon Pharmacy refused to give me Nitroglycerine legal refill when I had an angina crisis (Pl. App. Record- Excerpts, EXHIBIT 9, Pg. 1).

 My Notice of Appeal could not be found in inferior court for two months,   (disappeared from my file),  and Defendant Merck ignored my desperate request for a copy.

 A hospital hide the blood under bed and gave me medicine to have stroke (Pl. App. Record- Excerpts, EXHIBIT 10 , Pg. 1, 2), another one  refused to give me medication and falsified the medical report (Pl. App. Record- Excerpts, EXHIBIT 1,  Pg. 1, 2, 3).

 Preparing my  Motion to recreate  the Brief et all ( which was denied also ), I discovered that  Plaintiff –Appellants’ Record Excerpts, are scanned in Fifth Circuit Court in total disorder, not how I sent them, and it  was and is impossible to have accurateness between my Brief and Record Excerpts.  Here posible to contribute and FedEx Office ( my complanit in Ripoff Report  filed on 8/20/2013) All do not be published, and the truth to be hides.

 Due to the TD  Back negligence, the Court ordered to pay to Merck “cost on appeal”.

 ALSO DUE TO THE TD BANK ILLEGAL ACTS , with his accomplices,  was stole  from my safe deposit box , my X Rays for my broken ankle accident in 2003. The  case  was handled by my two lawyers  who :   one breached the contact ( attorney Mitchell R. Friedma-( my complanit in Ripoff Report  filed on 8/14/2013) ), and the second one   lost the statute of limitation ( attoreny Bruce Teperman- ( my complanit in Ripoff Report  filed on 8/22/2013)).

 

In August  2012 , the Risk Management Planning Group  lawyer, sent me a letter and asked me the original X Ray if I want them to fix the hospital  malpractice and negligence. When I went at TD Bank  to take  my  X Ray, they  were already stolen. The Risk Management Planning Group knew I cannot produce for this asked me.

 

ALSO, TD BANK HELPED STATE FARM INSURANCE( my complanit in Ripoff Report  filed on 8/26/2013) , GLENCORD BUILDING CORP, AND HIS ACCOMPLICES to stole and falsify evidences regarding a 17 Century painting, very damaged due to the two steam explosion, now in my ex-landlord’s hands.

 The TD Bank’s negligence make GLENCORD BUILDING CORP., to  afford,  and to steal very important documents, to delete evidences at their mercy,  to control everything inclusive my Oxygen, and to poison me  with Crabon Monoxide and toxic gases.

Many times I arrived in Emergency Room poisoned by these above the law people, who can afford to cover almost everything.    

 How is possible in UNITED STATES OF AMERICA to buy a safe deposit box at TD( Chase, Capital One )  BANK, and to be violated without shame?

 I filed in  January 2013  a motion to amend my Complaint in my personal injury case with carbon monoxide and toxic gases.

The  Non  Party Defendant TD Bank Law Firm  Zeichener Ellman & Krause LLP, is totally against my legal right  to Amend my Complaint . Same with Non  Party Chase, Capital One, Quest ( my complanit in Ripoff Report  filed on 8/12/2013).

New York courts have held that  the amendment of a pleading should be freely granted by a court. See, Kushner v. Queens Transit, 97 AD2d 432 (2d Dept. 1983); Sotomayor v. Princeton Ski Outlet Corp., 199 AD2d 197 (1st Dept. 1993). It is also well established law that a motion to amend a pleading should be freely given absent of a showing by an opposing party of surprise or prejudice. Zacher v. Oakdale Islandia Ltd. Partnership, 211 AD2d 712 (2d Dept. 1995); Santori v. Met Life, 11 AD3d 597 (2d Dept. 2004).

Also, the  standard on ruling on motions for leave to amend is a fairly liberal one. See Howard v. County of San Diego (2010) 184 Cal. App. 4th 1422, 1428 (the policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified).

Supplementary, the “ Federal  Courts have recognized the generous standard in Rule 15(a). In fact United States Supreme Court has declared that the purpose of this policy is primarily because the Courts favor giving a Plaintiff the opportunity to “ test his claim on the merits” Foman v. Davis, 371 U.S.178, 182 (1962). In other words, a party should be given his “ day in Court”- Article Source: http://EnineArticles.com/781220.

THIS IS A RIGHT GIVEN BY AMERICAN CONSTITUTION: "Where rights secured by the Constitution are involved, there can be no 'rule making' or legislation which would abrogate them. "Norton v. Shelby County, 118 U.S. 425 p. 442.

The literature said that the  Defendants don't usually oppose since it gives them a chance to demurrer to the complaint.

Unfortunately, because my lawyers did forgery lawsuit in my name , I  am Pro Se.

I do not understand why well paid and with huge experience NON PARTY DEFENDANT  TD BANK  lawyers  are against my motion to amend my complaint? 

I accuse TD bank for :

 TD BANK SAFE DEPOSIT BOX VIOLATED in 2007 AND  2012. CONTRIBUTORY NEGLIGENCE  IN  CASE WITH MERCK, RISK MANAGEMENT PLANNING GROUP, STATE FARM INSURANCES, GLENCORD BUILDING CORP.

 CONSUMER NEGLECT, POOR CUSTOMER CARE, UNFAIR PRACTICE, BREACH OF CONTRACT, TORT.

 TD BANK COMPLED  WITH MERCK COMP., GLENCORD BUILDING CORP., RISK MENAGEMENT PLANING GROUP,  STATE FARM INSURANCES  AND ACCOMPLICES  IN  CRIMINAL ACTS!

 TD Bank   and his accomplices ruined my heath intentionally, deliberately , motivated to satisfy their greed for money. TD Bank,   Merck et al.,  worked in organized group, and  they have commune their arrogance, impertinence for  American Justice,  American Law,  and total lack of respect  for me as human been.

  TD Bank and his accomplices fraud American Government with his illegal acts toward me.

 TD Bank  is not a stranger at my many poisonings with Carbon Monoxide done by Glencord Building Corp ( my complanit in Ripoff Report  filed on 8/20/2013)and his ACCOMPLICES

  • QUEST DIAGNOSTICS ,( my complanit in Ripoff Report  filed on 8/12/2013)
  • EMSL ( my complanit in Ripoff Report  filed on 8/5/2013),
  • KIDDE RESIDENTIAL AND COMMERCIAL ( my complanit in Ripoff Report  filed on 8/12/2013), 
  • CON EDISON  ( my complanit in Ripoff Report  filed on 8/12/2013)
  • APPLE COMP.  ( my complanit in Ripoff Report  filed on 8/13/2013).
  • BELEVUE HOSPITAL ( my complanit in Ripoff Report  filed on 8/21/2013).
  • LENOX HILL HOSPITAL ( my complanit in Ripoff Report  filed on 8/29/2013).
  • NEW YORK PRESBUTERIAN HOSPITAL ( my complanit in Ripoff Report  filed on 8/26/2013).

    TD BANK SAFE DEPOSIT BOX VIOLATED in 2007  and 2012.

    TD BANK COMPELED   WITH MERCK COMP., GLENCORD BUILDING CORP., RISK MENAGEMENT PLANING GROUP, STATE FARM INSURANCES  , and ACCOMPLICES IN   CRIMINAL ACTS!

    CONSUMER NEGLECT,

    POOR CUSTOMER CARE,

    UNFAIR PRACTICE,

    BREACH OF  CONTRACT

    Should the currency of our value be monetary? 

    In 2007 I had a safe deposit at Commerce Bank, now TD BANK. On October 2007, I discovered that somebody falsified my signature, stole important evidences to be used in court, and personal staff. Somebody stole one of my keys from my safety place, and replaced it with a fake one . I lived alone, and I believed that nobody knew where my keys were.

     TD Bank (Commerce Bank) accepted their negligence in 2007, changed immediately the safe deposit box, and promised an investigation.

     I did a writing complaint , and TD Bank ,promised me an investigation. Since, Commerce Bank,  TD Bank  NEVER answered  at my request who falsified my signature ( Exhibit  Pg. 1), and who stole important evidences from my safe deposit box ,  even  I requested it many times  ( Exhibit Pg. 2, 3). (* Exhibits at request).

     Many  pictures, the  USB memories cards,  and evidences with a 17th Century painting were stolen.  Also, many evidences were falsified or decolorized. I closed that box. The Glencord peopel stole contacts evidences from box at their mercy, and make the Glencord's lawyers Robert Kahn and Augustin Jacobson to falsify the truth under oath at their mercy ( my complanit in Ripoff Report  filed on 8/20/2013)

    Due to  a vulnerable environment  I bought another safe deposit box  at TD Bank in 2012, and again  the  illegal acts happened.

    Again the vital documents disappeared  from my safe deposit box at TD Bank . Only a few examples:

     MY CASE AGAINST MERCK COMPANY WAS DISMISSED in Easter District of Louisiana  by judge Fallon only because my corrupted bankruptcy lawyer  Mr. Stuart Davis refused to add Merck in Schedule B,  as possible asset. This was the  alone impediment for Judge Fallon to grant my complaint : 

     

     

    ”  […Agripina “ ]   also suggest some desire to reopen her bankruptcy   proceedings to cure the omission”….

     

    ” furthermore, while “‘ Agripina”]  makes some reference to reopening her bankruptcy    proceeding, and states in an affidavit   that she will do so in the future( rec. doc. 63982-1 at2), she has not   actually made any attempt to do so ( other than writing a letter to her   former attorney) at this time “

     

    Judge Fallon   order July 25, 2012, pg. 3, and  5.

     

    Honorable Judge Fallon said in his Order dated July 25, 2012- Pg. 5.

     

    [“Agripina”] essentially argues that from her   perspective, the nondisclosure was ”inadvertent” because  she relied on her bankruptcy  attorney to make the correct disclosure and   he failed to do so“.

     

    It was inadvertent, calculated by my lawyers and Defendant’ s Merck together. He was preoccupied to use double evidences, to inflated the amount,  and to add 10 more creditors. This is what I discovered in August 2012, when I reopened the bancruptcy case. 

     The District Court ignored  my  Notice of Motion for Reconsideration,  where the Bankruptcy Court granted to reopen  the case ( In August 2012 ), and to add Merck as asset. Later, between appeal in Fifth Circuit Court , I provided inclusive the Trustee’s  Abandonment.  So Merck is not anymore LEGALLY in ESTOPPEL .

     Additionally, the  on November  29, 2012 I received from  ”Trustee” a:  ” NOTICE OF ABANDONMENT OF PROPRIETY TO ALL CREDITORS,  THE DEBTOR, AND OTHER INTERESTED PARTIES “ where said: ” PLEASE TAKE NOTICE, that effectively November 29, 2012 (the ” Abandonment Date”), Ian J. Gazes, Chapter 7 Trustee ( the ”Trustee”) of the above captioned bankruptcy case of “ Agripina”  ( the “Debtor”), will be deemed to have abandoned to the Debtor, pursuant to 11 U.S.C. & 554(a) and Fed. R. Bankr. P. 6007 , the following propriety

      All of the Trustee’s right, title and interest, if any, in each of the proceedings set forth on the Debtor’s Amended Schedule “B” ( the “Proceedings”) – (Pl. App. Record- Excerpts, EXHIBIT4, – Pg. 1, 2, 3)".

     I did not come in this country for somebody money. I came to work, and to build a beautiful life, far away from my small communist country, but it was impossible due my greedy lawyers who used me as a credit card and did lawsuit with forgeries in my name, and exloited my pain and suffering in a deparavtion stile.

    In conclusion, it was not only some desire to reopen the case, because I did in very short time between appeal. But Judge Fallon, in abuse of discretion denied my Motion for Reconsideration, and to  appeal in Forma Paupris.

     AND THEN CAME TD BANK , TO HELP MERCK AND HIS ACCOMPLICES WHO MAKE TO DISAPPEAR MY APPEAL FROM MY SAFE DEPOSIT BOX PAID WITH CREDIT CARD.

     My copy of my  Notice of Appeal against Merck Comp,  sent on August 8,  2012, and filed on  August 24, 2012  in Louisiana Court ,  cannot be find in court anymore in October 2012.

    The  attorney Robert Johnson Pro Se Curator, also cannot locate my appeal, and the Merck’s  Law Firm  STONE PIGMAN WALTHER WITTMAN L.L.C. , and the with his attorney counselor Dorothy H. Wimberley, refused to provide me  a copy of my Notice of Appeal, to answer at my phones, faxes, emails.

     Finally, only an email from the Law Firm  Oldafather ( Pro Bono),  saved the “ dirty” situation.  On  August 2012, Ms. Oldfather sent me  in attachment my Notice of Appeal and my Motion in Foprma Paupers filed in court as DI …..  

     Otherwise, no any help from the  District Court , or Merck’s lawyer who  refused.   ( Contemporaneous correspondence with the Eastern District of Louisiana , Merck’s lawyer, and  Pro Se curator at request).

     TD  BANK  CREATED WITH HIS ILLEGAL ACTS  TO HELP MERCK AND OTHERS,   A TOTALLY UNPLEASANT AND HOT HEALTHY ATMOSPHERE FOR MY APPEAL.

     Finally, the Fifth Circuit Clerk gave me green line to prepare my brief  and to submit again a Motion in Forma Paupers.  I did all. I prepared my  brief and exhibits in my appeal with Merck case,  I served the  Merck Company and I filed it  in the court. The clerck told me that everything is OK. I was waiting for approvals in Fifth Circuit to sue in forma paupers.

     No problems for Merck and his accomplices who can afford to pay people, and to falsify my brief,  to vandalize my exhibits, my affidavits. 

     The court’s decision was  in the defendant  Merck’s  favor. The decision  was  subject to the less stringent abuse of discretion  standard.

     My  appeal was dismissed  as per Ms. Rhonda  M. Flowers, Deputy  Clerk’s  letter  dated  June 25, 2013  because of:

     

     

    ” The court   has entered judgment under FED. R. APP. P.36. ( however, the opinion may yet   contain typographical or printing errors which are subject to correction”   (Exhibit Pg.3)

     

                                              And

    ….” The   judgment entered provides that plaintiff –appellant pay to defendant   –appellee the cost on appeal(Exhibit Pg.3).

     

    The Court refused to see my robust evidences in support of my case. The Order said:

    The district court also denied “ Agripina”   ’s motion for leave to proceed in forma pauperis. (IFP) on appeal. “ Agripina”    now moves in this court for leave to   proceed IFP on appeal. An IFP movant must demonstrate that she is pauper and   that she will raise  nonfrivolous   issues on appeal “.  The 5th   Circuit Order,  Pg. 2 .

     

     

    I demonstrate in my Affidavit in support of my Notice of Motion in forma Pauperisthat I am a pauper. I submitted an Affidavit ( 14 Pages) in support of my Notice of Motion for forma Paupers, as Document ID # 0051269377, filed on 11/19/2012, and for sure the court ignored  to see my affidavit.

    Also, why the court did not give me the chance to correct the “typographical or printing errors” , why Merck did not do any complaints for that "typographical or printing errors"?

    Because were done  intentionally, and criminally by Merck,  especially do not be published, and to be a motif  the truth do not be known .

     Also, the Appellate Court Fifth Circuit abused in discretion when granted the defendant’s summary judgment and considered my case  ” FRIVOLOUS”.  

     Actually, the inferior Court and Defendant Merck did not consider my case frivolous. To have heart surgery, to be at high risk at heart attack  continually, to have multiple lacunars stroke,  to be daily in medicine and with Nitroglycerine  that means for the Fifth Circuit  “frivolous”?  Everything was at a Defendant’s Merck mercy:

     The evidences with Vioxx  were deleted by the pharmacist at Rainbow Pharmacy.

    `The Subpoena Duces Tecum was ignored by pharmacist (Pl. App. Record- Excerpts, EXHIBIT 8, – Pg.  2).

     The  Oxford refused to answer at Subpeona  Duces Tecun to bring evidence with Vioxx, (Pl. App. Record- Excerpts, EXHIBIT 8,  Pg. 3),

     My corrupted cardiologists ( who did heart surgery in 2005) refused for years to give me my medical records, same with  another one from Nortyh Genmeral Hospital.

     The Amazon Pharmacy refused to give me Nitroglycerine legal refill when I had an angina crisis (Pl. App. Record- Excerpts, EXHIBIT 9, Pg. 1).

     My Notice of Appeal could not be found in inferior court for two months,  (disappeared from my file),  and Defendant Merck ignored my desperate request for a copy.

     A hospital hide the blood under bed and gave me medicine to have stroke (Pl. App. Record- Excerpts, EXHIBIT 10 , Pg. 1, 2), another one  refused to give me medication and falsified the medical report (Pl. App. Record- Excerpts, EXHIBIT 1,  Pg. 1, 2, 3).

     Preparing my  Motion to recreate  the Brief et all ( which was denied also ), I discovered that  Plaintiff –Appellants’ Record Excerpts, are scanned in Fifth Circuit Court in total disorder, not how I sent them, and it  was and is impossible to have accurateness between my Brief and Record Excerpts.  Here posible to contribute and FedEx Office ( my complanit in Ripoff Report  filed on 8/20/2013) All do not be published, and the truth to be hides.

     Due to the TD  Back negligence, the Court ordered to pay to Merck “cost on appeal”.

     ALSO DUE TO THE TD BANK ILLEGAL ACTS , with his accomplices, was stole  from my safe deposit box , my X Rays for my broken ankle accident in 2003. The  case  was handled by my two lawyers  who :   one breached the contact ( attorney Mitchell R. Friedma-( my complanit in Ripoff Report  filed on 8/14/2013) ), and the second one   lost the statute of limitation ( attoreny Bruce Teperman- ( my complanit in Ripoff Report  filed on 8/22/2013)).

     In August  2012 , the Risk Management Planning Group  lawyer, sent me a letter and asked me the original X Ray if I want them to fix the hospital  malpractice and negligence. When I went at TD Bank  to take  my  X Ray, they  were already stolen. The Risk Management Planning Group knew I cannot produce for this asked me.

     ALSO, TD BANK HELPED STATE FARM INSURANCE( my complanit in Ripoff Report  filed on 8/26/2013) , GLENCORD BUILDING CORP, AND HIS ACCOMPLICES to stole and falsify evidences regarding a 17 Century painting, very damaged due to the two steam explosion, now in my ex-landlord’s hands.

     The TD Bank’s negligence make GLENCORD BUILDING CORP., to  afford,  and to steal very important documents, to delete evidences at their mercy,  to control everything inclusive my Oxygen, and to poison me  with Crabon Monoxide and toxic gases.

    Many times I arrived in Emergency Room poisoned by these above the law people, who can afford to cover almost everything.   

     How is possible in UNITED STATES OF AMERICA to buy a safe deposit box at TD( Chase, Capital One )  BANK, and to be violated without shame?

     I filed in  January 2013  a motion to amend my Complaint in my personal injury case with carbon monoxide and toxic gases.

    The  Non  Party Defendant TD Bank Law Firm  Zeichener Ellman & Krause LLP, is totally against my legal right  to Amend my Complaint . Same with Non  Party Chase, Capital One, Quest ( my complanit in Ripoff Report  filed on 8/12/2013).

    New York courts have held that  the amendment of a pleading should be freely granted by a court. See, Kushner v. Queens Transit, 97 AD2d 432 (2d Dept. 1983); Sotomayor v. Princeton Ski Outlet Corp., 199 AD2d 197 (1st Dept. 1993). It is also well established law that a motion to amend a pleading should be freely given absent of a showing by an opposing party of surprise or prejudice. Zacher v. Oakdale Islandia Ltd. Partnership, 211 AD2d 712 (2d Dept. 1995); Santori v. Met Life, 11 AD3d 597 (2d Dept. 2004).

    Also, the  standard on ruling on motions for leave to amend is a fairly liberal one. See Howard v. County of San Diego (2010) 184 Cal. App. 4th 1422, 1428 (the policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified).

    Supplementary, the “ Federal  Courts have recognized the generous standard in Rule 15(a). In fact United States Supreme Court has declared that the purpose of this policy is primarily because the Courts favor giving a Plaintiff the opportunity to “ test his claim on the merits” Foman v. Davis, 371 U.S.178, 182 (1962). In other words, a party should be given his “ day in Court”- Article Source: http://EnineArticles.com/781220.

    THIS IS A RIGHT GIVEN BY AMERICAN CONSTITUTION: "Where rights secured by the Constitution are involved, there can be no 'rule making' or legislation which would abrogate them. "Norton v. Shelby County, 118 U.S. 425 p. 442.

    The literature said that the  Defendants don't usually oppose since it gives them a chance to demurrer to the complaint.

    Unfortunately, because my lawyers did forgery lawsuit in my name , I  am Pro Se.

    I do not understand why well paid and with huge experience NON PARTY DEFENDANT  TD BANK  lawyers  are against my motion to amend my complaint?

    I accuse TD bank for :

     TD BANK SAFE DEPOSIT BOX VIOLATED in 2007 AND  2012.

    CONTRIBUTORY NEGLIGENCE  IN  CASE WITH MERCK, RISK MANAGEMENT PLANNING GROUP, STATE FARM INSURANCES, GLENCORD BUILDING CORP.

     CONSUMER NEGLECT, POOR CUSTOMER CARE, UNFAIR PRACTICE, BREACH OF CONTRACT, TORT.

     TD BANK COMPLED  WITH MERCK COMP., GLENCORD BUILDING CORP., RISK MENAGEMENT PLANING GROUP,  STATE FARM INSURANCES  AND ACCOMPLICES  IN  CRIMINAL ACTS!

     TD Bank   and his accomplices ruined my heath intentionally, deliberately , motivated to satisfy their greed for money. TD Bank,   Merck et al.,  worked in organized group, and  they have commune their arrogance, impertinence for  American Justice,  American Law,  and total lack of respect  for me as human been.

      TD Bank and his accomplices fraud American Government with his illegal acts toward me.

     TD Bank  is not a stranger at my many poisonings with Carbon Monoxide done by Glencord Building Corp ( my complanit in Ripoff Report  filed on 8/20/2013)and his ACCOMPLICES

    • QUEST DIAGNOSTICS ,( my complanit in Ripoff Report  filed on 8/12/2013)
    • EMSL ( my complanit in Ripoff Report  filed on 8/5/2013),
    • KIDDE RESIDENTIAL AND COMMERCIAL ( my complanit in Ripoff Report  filed on 8/12/2013),
    • CON EDISON ( my complanit in Ripoff Report  filed on 8/12/2013)
    • APPLE COMP. ( my complanit in Ripoff Report  filed on 8/13/2013).
    • BELEVUE HOSPITAL ( my complanit in Ripoff Report  filed on 8/21/2013).
    • LENOX HILL HOSPITAL ( my complanit in Ripoff Report  filed on 8/29/2013).
    • NEW YORK PRESBUTERIAN HOSPITAL ( my complanit in Ripoff Report  filed on 8/26/2013).
    • STATE FARM INSURANCES- ( my complanit in Ripoff Report  filed on 8/26/2013).
    • NEW YORK DEPARTMENT OF HEALTH ( my complanit in Ripoff Report  filed on 8/22/2013),
    • AND MY LAWYERS WITH FORGERIES LAWSUITS IN MY NAME!

      TD Bank and his accomplices gave me the worst days in my life.

       I DECLARE UNDER PENALTY OF PERJURY  THAT ALL MY AFFIRMATIONS IN THIS REPORTARE TRUES.

     

          PLEDGE FOR JUSTICE!

       INJUSTICE HURTS!

    Sincerely,

    AGRIPINA

     

  • STATE FARM INSURANCES-
  • NEW YORK DEPARTMENT OF HEALTH ( my complanit in Ripoff Report  filed on 8/22/2013),
  • AND MY LAWYERS WITH FORGERIES LAWSUITS IN MY NAME!

 TD BANK and his accomplices  insult theAmerican Justice!

TD BANK USED TO HAVE A FALSE ADVERTASING " SAFE DEPOSIT BOX - INVEST A LITLLE , SAVE A LOT"!

From my experience totally untrue!

                             

Sincerely,

 AGRIPINA

 

 

 

 

 

 

 

 

 


This report was posted on Ripoff Report on 09/04/2013 11:20 AM and is a permanent record located here: http://www.ripoffreport.com/r/TD-BANK/New-York-New-York/TD-BANK-COMMERCE-BANK-TD-BANK-SAFE-DEPOSIT-BOX-VIOLATED-in-2007-and-2012-TD-BANK-COMP-1081616. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Author of original report

100% true!

AUTHOR: Agripina - ()

Dear Ken

Anyway thank you again. If you do not have capacity to see in my report the accuratece of my informationshooks not to late to go back to school, and after judge!

Sincerely, 

Agripina

 

 

 

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#2 Author of original report

AGRIPINA'S MEA CULPA!

AUTHOR: Agripina - ()

Mea culpa again!

Sorry if my reports are longer.

If I would have more time, and a not hostile environment for sure I could write less.

So far I am a normal person, I fight for my justice.

Please consider the Repprts on Ripoff as the TV Chanels.  Read only you like and ignore my reports.

Infinite thank you,

Agripina

 

 

 

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#3 Consumer Comment

You are almost certainly the looniest person, ever to post on Ripoff Report...

AUTHOR: Ken - ()

 According to you, EVERYONE you meet is involved in a conspiracy against YOU.

If all you post is even close to true, you should just go play in traffic.

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#4 General Comment

a court order...

AUTHOR: Tyg - ()

 Did you check with TD bank to see if they recieved a lawful court order that allows someone else access to your safty deposit box?? You are claiming that TD bank and all these other companies are "conspiring" against you. When it may even be simpler then you are making it. If you were in a court case at the time of the disappearance your bank may have been served with a court order that allows access to your safty box. ANYTHING that was taken was taken as EVIDENCE!!! Which means that it would have to be logged if it was to be used in court. Which means you could also apply for a motion of discovery. Instead of ranting why not check this out. And once again RETAIN A REAL LAWYER!!!! You have the right to defend yourself, but a lawyer has years of schooling plus years of experience. You are doing yourself a disservice if you dont. Which means we will have to see your long drawn out reports until you get some form of justice. Although given that your only avenue is to rant online like a psycho, that may be the only justice you are able to get. They are so big that your complaint is beneth them. And anyone doing a search on these companies are going to see ALL your posts. Your posting so much that other ppl who have complaints are lost under yours.

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