Affidavit in Support of Motion to Appoint Next Friend

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

Ben Friedman the undersigned under penalties of perjury affirms the following;

1. I am an individual over the age of eighteen years of age, residing in Orange County, New York.
2. I am a close friend of Plaintiff, Jacob Teitelbaum, whom I have known for the past six to seven years, and I have been fully involved with Plaintiff since the conspiracy against his Civil Rights started in 2010.
3. Plaintiff filed this action on April 11th 2012, I helped bring this action. All pleadings including the complaint have been crafted and prepared with the assistance of plaintiff’s friends and myself.
4. Since this action started, Plaintiff has continually been threatened, intimidated, and harassed by the conspirators, in a multitude of ways, in an effort to force him to abandon this action.
5. Plaintiff and his minor children are incompetent to pursue this action on their own, an immediate Gaurdian Ad Litem or a Next-Friend is required to stop this case from extinction, to preserve Plaintiffs and his children’s rights in this court, and to allow an appeal on his behalf if it is called for.
6. Plaintiff is completely illiterate in the English language, he cannot read, write or substantially communicate in the English language. Additionally, he is illiterate in court procedure, he cannot litigate even under normal circumstances. He cannot read or understand pleadings, let alone formulate arguments or pleadings in English.
7. Plaintiff wrote to this court (by way of example) about his literacy in-competency in the amended complaint on Pg. 2 – 2, and on Pg. 26 – 202, and in a letter dated Dec 24th 2012 (Exhibit A), and a subsequent letter dated Jan. 8th 2012, (Exhibit B).
8. Plaintiff, although he deems himself normal and functional, is now totally incapable to pursue this or any other legal action and litigation due to the strong pressure the litigation has puts on him, coupled with the family court litigation, as well as his family breakdown, which is tearing him apart and which can affect any person under such circumstances in a most adverse way.
9. Additionally, the Defendants herein have argued, determined, and established through their actions, and by submitting statements on the record in this action, that Plaintiff is mentally incompetent, and have done so with medical experts, (the undersigned is neither refuting nor admitting to its truth or legitimacy, it is the rather the duty of this court to determine if Plaintiff is incompetent to pursue this action to protect his rights).
10. During the Court appearance on July 2nd 2012, the Defendants had told the Court that Plaintiff is mentally incompetent, and that the County, through their mental health experts including Dr. Tuckman who did a mental health forensics by Family court order, deemed and determined Plaintiff to be mentally incompetent.
11. The record is full of statements made by the defendants stating that the plaintiff is mentally incompetent, by way of example, see defendant Orange County (Docket # 74-12, (Exhibit L)), since this motion is filed under emergency basis, I can point out more if the if the court so desire.

12. Plaintiff and his friend have alerted the Court, on numerous occasions, in letters or pleadings, including at the July 2nd, 2012 court appearance, that Plaintiff is incompetent, incapable to litigate himself due to him being illiterate and uncommunicative, and due to the terror, trauma, emotional turmoil, mental anguish, and extreme fear that the Defendants and conspirators have subjected him designed to incapacitate him and to stop this action. The court acknowledged this and has allowed me to assist the Plaintiff with this action and to speak in court for him.
13. On June 6th 2012, Plaintiff wrote to the Court attached as (Exhibit C) that he became the victim of false criminal charges filed in the local Justice court by Plaintiff’s wife who brought these charges on the behest of the conspirators in order to terrorize Plaintiff, and to cause him to withdraw his Complaint.
14. On June 25th 2012 Plaintiff wrote again attached as (Exhibit D) to further detail some of the ongoing terror and false charges.
15. On July 2nd during the court appearance, I gave the Court a letter regarding the terror Plaintiff is subjected to, which the Court docketed and is attached as (Exhibit E).
16. At the same time, while in Court, the Orange County Attorney stated he will file a Motion to Dismiss, the Court informed the parties it would proceed to discovery nonetheless.
17. This court indeed has shown, since July 2nd 2012,, that it cares and is mindful of the Plaintiff’s terror, it somehow succeeded in lessening and or diminishing the scope and severity of the terror for several months, it gave Plaintiff a sense of protection.
18. Between July 19th and August 9th 2012, numerous Defendants filed their Motions to Dismiss. On July 20th 2012. On November 5th 2012, Plaintiff filed his opposition to the pending Motions to Dismiss, (Discovery was subsequently denied pending the motions to dismiss).
19. Since Plaintiff filed his opposition to the defendants Motions to dismiss in November 2012, the terror renewed with more vigor, to stop this action.
20. On July 20th 2012, Plaintiff filed a letter (Docket # 35), requesting the Court to appoint a Next-Friend to act on his behalf; the Defendants never disputed that fact.
21. On December 24th 2012, Plaintiff wrote to the Court, attached as (Exhibit F), describing the escalation of terror within the community and through the other Defendants, including by pressuring and involving Plaintiff’s wife again to terrorize Plaintiff and to cut Plaintiff off from his friends all aimed at stopping this action, Plaintiff asked the court to proceed to discovery immediately.
22. On January 8th 2013, Plaintiff wrote to the Court attached as (Exhibit B), informing that the conspirators were blocking Plaintiff from communicating with his friend/s who help him with this action, to stop this action from proceeding.
23. On January 27th 2013, Plaintiff wrote to the Court attached as (Exhibit G), informing how the conspirators have now managed to terrorize Plaintiff through eviction from his home with threats, as they had threatened to do in the past, of what they would do if he kept up this action.
24. On said date, Plaintiff also wrote asking for the court to allow him to be represented through his friend due to the terror, attached as (Docket # 134).
25. On February 11th 2013, Plaintiff wrote to the Court attached as (Exhibit H), detailing how the conspirators want to cut Plaintiff from his friends helping him with this action, so that this action would come to a stop.
26. Immediately following the court’s Feb 11th 2012 decision dismissing Plaintiff’s complaint, Plaintiff felt as if the Court turned it’s back on him through dismissing his complaint, and giving rise to a new pattern and further terror from the conspirators and Defendants, as more fully explained in a letter to the Chief Judge dated Feb. 20th 2013, (copying this Court on the letter), attached as (Exhibit I).
27. Plaintiff then became extremely vulnerable, in having lost the Court’s protection and the conspirators and Defendants now perceive that they have a green light to terrorize plaintiff into stopping the remainder of this action, or from pursuing Appeals if necessary, since this action was not fully dismissed and further action pending as to various Defendants and a Motion for Reconsideration. However, without having a Guardian or Next-Friend to protect and shield Plaintiff from losing his rights and being subjected to further terror, this left Plaintiff severely exposed to further terror from the conspirators to continue attack him to stop this action.
28. On March 6th, during the morning hours, the undersigned got a frantic phone call from the Plaintiff, stating that he is currently in Brooklyn, when I asked Plaintiff if he is settled, he replied in a troubling tone that this is not the case, in brief words Plaintiff went on to say that he can no longer communicate with myself, that the conspirators have approached him the day before and placed him under severe pressure and intimidation, he was taken to a Mr. David Hollander in Kiryas Joel, who informed him that he is directing him to immediately leave the village of Kiryas Joel immediately and that he is not to return or step foot in Kiryas Joel for a period not less than six months, he added that he has the support of all Rabbis for this, Plaintiff was then taken out of Kiryas Joel and taken to Brooklyn.
29. On Thursday March 7th 2013 in the evening, Plaintiff called the undersigned again, stating again that he is not settled and not physically o.k., that he is under constant control and intimidation, that he cannot communicate with me anymore, he is very afraid and in extreme fear, he reiterated a few times, that I shall not tell anyone that he managed to call me, as he is afraid they should not find out, he then added that he was told and directed to leave Kiryas Joel for the sole purpose that he be cut off from me.
30. The undersigned has effectively no means to contact Plaintiff currently, neither by phone nor by mail and neither can Plaintiff be served with court papers through my address, since Plaintiff is under the sole control of the Conspirators/Defendants.
31. The undersigned has known and was personally acquainted with David Hollander, and was intimately involved with him, David is personally known to have the power to intimidate and frighten a person so that it appears very true.
32. Additionally, personally known to me, David Hollander is intimately involved and aligned with one of the main conspirators in this action within the community, working together in marriage reconciliation or breakup.
33. My understanding from the Plaintiff is that anything the Plaintiff does at this point, is under the control and influence of the Conspirators/Defendants, and under duress.
34. Plaintiff, as a result of not having been represented through a guardian or Next Friend which would shield the Plaintiff from such terror, is now very exposed and subjected to terror and manipulation.

I declare under penalty of perjury that the foregoing is true and accurate to the best of my knowledge, information and belief.

_______________________________                                       Dated: March 08, 2013
Ben Friedman
Jacob Teitelbaum, Plaintiff Pro Se
5 Leipnik Way, #102
Monroe, New York, 10950
Tel. No. 845-782-7830