Saturday, July 25, 2026

Appendix 30 | July 2024 - Joseph Zernik’s notice of fraud, Salomon's protest of the fraud allegations, Uri Zernik’s poetic moment, Ben-Ari’s notice of a "joint enterprise"

Appendix 30 \ July 2024 - Joseph Zernik’s notice of fraud, Salomon's protest of the fraud allegations, Uri Zernik’s poetic moment, Ben-Ari’s notice of a "joint enterprise"

https://inproperinla.blogspot.com/2026/07/appendix-30.html 

Index of Appendices and Biosketch, Joseph Zernik, PhD, LLB

https://inproperinla.blogspot.com/2026/07/appeal-for-review-of-rachel-ben-aris.html

Rachel Ben-Ari's competence as General Counsel - Appeal Filed with Prof. Uri Sivan, Technion President, and Prof. Daniel Chamovitz, Chair of VERA and Ben Gurion University President

https://inproperinla.blogspot.com/2026/07/2026-07-17-technion-israel-institute-of.html

... 

Images | From Left: Judge Hila Gurevitz, Attorney Rachel Ben-Ari, Attorney Yoav Salomon, Attorney Yair Shiber.

Image |  Attorney Rachel Ben-Ari demonstrating against judicial reform:  "We are here in the name of Democracy, because they want to take it away from us, and that  is the most dangerous thing... They are taking away our judicial independence in various ways..."

...

On June 5, 2024, the initial pleading was filed in EF 11650-06-24. In it, Salomon and Ben-Ari declared their commitment to execute the Estate Distribution Agreement they had drafted, under which they were appointed Trustees.
I wasn't served with nor notified of the filing.
I discovered it eventually through a routine automated notice from Net HaMishpat about a new court file with my ID number.
On June 13, 2024, I read the initial pleading filed by Attorney Yoav Salomon (~45 years of practice), and it appeared to me to be fraudulent. There was no valid Power of Attorney, no affidavit, no summons, no Probate Order identifying the Heirs... no certificate by the Legal Clerk - approval for filing.
Attorney Yair Shiber was entered in the court file as my Counsel without my knowledge or permission, even though I had an explicit agreement with Shiber that excluded his representation in court.
And then I found out from the court file that on June 6, 2024, Salomon received an email notice from Attorney Yair Shiber, purportedly on my behalf. The notice consisted of 2 words: "We consent." Salomon filed it in court on the evening of June 6, but it was entered only on Sunday, June 9.
That means that the Office of the Clerk permitted Salomon, who was entered as Counsel for Plaintiff, but filed no Power of Attorney by his client, to file a "Consent" on behalf of Defendant, which he received from Attorney Shiber, whom the Office of the Clerk entered as Counsel for Defendant with no Power of Attorney.
Moreover, Ben-Ari and Salomon knew that there was no contact between me and Shiber for the previous couple of months.
On June 16, 2024, I filed 2 short motions; (1) to have Shiber dismissed as my Counsel, (2) to have the false 'Consent' removed from the record.
On June 18, 2024, Salomon filed what I perceived as retaliation - the notice that my recognition as a legal person should be revoked, pursuant to "Cy Pres" in Equity Law.
On June 24, 2024,  Ben-Ari filed a notice, similar to Salomon's ,which Judge Gurevitz entered as a 'Motion'.
On June 25, 2024, Judge Gurevitz entered in the court file that Ben-Ari's motion was "Granted". No decision, no notice, no service.
On July 2, 2024, I filed a notice regarding the delay in filing the response on the initial pleading, which included discussion of the apparent Fraud Upon the Court in the initial pleading...
Translation

...

... 

The significance of the flaws in the Request for the Appointment of Estate Administrators and issues related to the authenticity of pleadings and legal proceedings

16. The defective initial pleading was not submitted by an intern. The Applicant's counsel heads an established Haifa law firm. Furthermore, counsel for Respondent 2 was actually a partner in this submission, and she also heads a large and influential Haifa law firm. Both of these also represent two of the oldest law firms in Haifa. One could expect rigorous diligence from them in drafting the pleadings and submitting them.

17. The duty to manage court records in a way that allows the public to distinguish and verify their authenticity was recognized as a constitutional principle, non-statutory, as early as Section IV, Article 1 of the US Constitution (approved on June 21, 1788, took effect on March 4, 1789). A failure of a judicial system to fulfill this duty must be seen as a severe infringement on the procedural rights of litigants in court, as well as human rights (such as access to fair courts for the entire public).

18. The central problem with vague and ambiguous court pleadings is that they create an opening for malicious exploitation by conducting "mock legal proceedings" and/or presenting court pleadings that appear to be genuine so that others, receiving them innocently, will accept the authority of the documents and obey their instructions. These phenomena have been well known around the world for hundreds of years. See - Texas Penal Code § 32.48 - Simulating Legal Process.

19. In the State of Israel, an affair of this type gained considerable public attention. At the center of the affair stood protocols issued by the Hon Judge V. Alshech of the Tel Aviv District Court in Bankruptcy 1623-00 Bank Hapoalim v. The Official Receiver.

20. Respondent 1 documented this phenomenon in the Haifa Family Court, in the conduct of the Honorable Judge Esperanza Alon and Attorney Amos Sadika in AP 25607-03-13 Zernik v. Attorney General – Motion to appoint an additional guardian for the late Rivka Shami Zernik [Attached - Exhibit 1].

21. One of the severe cases of simulated legal proceedings, documented by Respondent 1, was conducted by a group of male and female judges from the Jerusalem Family Court, including the Hon Judge Menachem Hacohen, the Hon Judge Nili Maimon, the Hon Judge Shlomo Elbaz, et al. in the case of Ms. Joelle Ben Simon. In the course of an attempt by the litiant to inspect her own files in 2016, the affair encompassed 22 files and dozens of simulated decisions [Attached - Exhibit 2].

22. The submission of an initial pleading in the case at hand, the authenticity, and validity of which are vague and ambiguous must be deemed as infringing upon the procedural rights of the other parties to the proceeding, and Respondent 1 in particular.

 

 

... 

Reading it again, it does not seem that subtle. Especially, reminding Judge Hila Gurevitz of Judge Esperanza Alon, her close friend, and Alon's conduct in this affair in 2013. 

On July 3, 2024, I talked by phone with the national Information Center, asking about the unusual filing and opening of the court file on June 5. They had no information and suggested that I send a fax to the Office of the Clerk in Haifa. 

I did so, and the fax was filed in the court file as a new motion by me, #8, with what appeared as a reprimand by Deputy Clerk Keren Peles - "you should address your questions to the National Information Center...".

On July 9, 2024, I filed a response to Deputy Clerk Keren Peles, explaining that I sent the fax following the advise of the national Information Center. The title of the filing was: "The question that is still begging for an answer", referring to the questions surrounding the filing and opening the court file on June 5.

On July 10, 2024,  Salomon filed a response, expressing his displeasure with my attitude. He also seemed to assume that Judge Hila Gurevitz failed to grasp what I was talking about in my July 2, 2024 filing... He claimed in his July 10, 2024, that I had concealed from Judge Gurevitz my opinion that the initial pleading appeared like a declaration of intent to pursue litigation that is Fraud Upon the Court.

One should keep in mind that these papers were filed after the three of them, Ben-Ari, Salomon and Gurevitz had already staged the 1st Round of Revocation of Respondent's Legal Personhood - June 18-June 25, 2024. 

Therefore, Salomon appears to protest too much about being held suspect of initiating Fraud Upon the Court. 

Translation 

Initial Response of the Applicant to the Notice of Respondent 1 Dated 09.07.2024

The Applicant respectfully submits an initial response to Respondent 1's notice dated 09.07.2024, in order to present exchanges of statements between Respondent 1's counsel and Respondent 1, which Respondent 1 chose to conceal from the court.

  1. Respondent 1 complains that the Applicant's attorney is not answering him, yet he conceals from the court the notice from the Applicant's attorney to Respondent 1, in which the Applicant's attorney explains why there is no longer room for direct dialogue between him and Respondent 1.

  2. On 03.07.2024, Respondent 1 sent an email message to the Applicant and his attorney, in which he took the trouble to explain to them (in section 4 of his attached notice, the highlighted text on a yellow background) that if they have not understood it until now, he accuses them of leading a course of fraud in the Family Court in Haifa.

  3.  To this, the undersigned replied as follows:

    "Yosef,

    I considered responding to you, in brief, to several claims you raised, and I even drafted short initial bullet points that would not lead to an ongoing polemic. Following the downmarket message in which you accuse me of fraud (leading a fraud process in court), there is no longer room for dialogue between us. Of course, regarding anything related to the fulfillment of my professional duties – whether in executing the tasks imposed on me by the estate division agreement or as an appointed estate administrator – I will act with professionalism and fidelity without bias, but beyond that, there is no longer room for dialogue between us.

    For the sake of clarity, despite your expertise in international law, I disagree with many things you wrote and with your reference to procedure.

    Please do not bother to reply to me – I do not intend to continue the dialogue with you. Even if you see fit to reply to me – do not expect a response from me.

    Yoav"

         A copy of the email exchange is attached as Exhibit 1.

     

  4. Respondent 1 chose to conceal this notice from the Honorable Court.

  5. The undersigned's response quoted in section 14 of Respondent 1's notice was written following his notice above regarding the cessation of direct dialogue between him and Respondent 1, a notice that Respondent 1 chose to conceal from the eyes of the Honorable Court.
  6. Needless to say, as long as the Honorable Court believes that Respondent 1's notice should be answered, the Applicant will respond to it in accordance with the Honorable Court's decisions.

    (Signature)

    Yoav Solomon, Adv.

     

 

.

 

On July 10, 2024 Judge Hila Gurevitz issued a "Post-it" decision with no docketing number. There were 3 or 4 of them by that time. As noted elsewhere, there is no User's Manual for Net HaMishpat, and no Rules of Court or Regulations of the Office of the Clerk that define the actions in the court files. Regardless, it could be stated that decisions with no process number should be deemed more informal than usual, since they are left out of the informal docket [see Appendix 7]. 

The decision said: "There is no need for further responses." 

  

On July 26, 2024, Plaintiff (Requester) Mr. Uri Zernik contributed a poetic moment: "Space Odyssey."

Translation 

        Space Odyssey

More and more, I am inclined to think that the concern for the inheritance was pre-planned from the start by Mom and Dad. They worried about what would happen if the connection between the sons broke down and we went our separate ways.

So they created an inheritance that is not financial, but an odyssey. And they joined two wonderful friends to us in the figures of Cheli [Ben-Ari - jz] and Yoav [Salomon - jz], whom we received for the family as a gift.

Already now, when a week goes by and I don't receive a letter, I feel a sense of absence. What will happen when we reach the destination? Will we simply part ways? Food for thought.

Uri

 

 ... 

On July 29, 2024 I sent an email to Ben-Ari, Salomon and Uri Zernik, titled "The riddle of the relationship between Attorney Yoav Salomon and Attorney Yair Shiber." I asked Salomon et al: I can't figure out a way to place all the facts of recent events in one coherent narrative. Could you please help?  

On July 31, 2024Ben-Ari answered for Salomon: 

"Let's focus on distribution of the Estate"...

Of interest, in this email message Ben-Ari's noticed me that filing the court action was a "joint enterprise" of Salomon and Ben Ari, regardless of the fact that they decided that his client would be registered as Plaintiff, and hers as Defendant 2.

Translation

I assumed then, and I assume today, 2 years later, almost 3 years since Ben-Ari was appointed Trustee to execute the Estate Distribution Agreement, that there was nothing further from her mind than distributing the Estate and getting the matter over with...


No comments: