Digitally signed by

Joseph Zernik
DN: cn=Joseph

Joseph Zernik DMD PhD

Zernik, o, ou,
email=jz12345@ear
thlink.net, c=US
Date: 2010.05.23
Email: jz12345@earthlink.net; PO Box 526, La Verne, CA 91750 10:51:01 +03'00'

08-06-26 False records produced by USC Credit Union President/CEO, Gary Perez, acting in lieu
of Custodian of Records, albeit – with no authorization, purportedly providing the
legal foundation for conduct of USC Credit Union in Dr Zernik’s account, with no
authorization and with no notice.
On June 13, 2008, Dr Zernik received the first set of records from Christine Schwartz,
USC Vice President, by fax - albeit with no fax header imprints.
Consequently, Dr Zernik repeatedly requested that USC Credit Union:

a. Comply with UETA - the Uniform Electronic Transactions Act, and operate fax
machines so fax header imprints are generated to authenticate the transactions.

b. Produce the requested records – providing the purported legal foundation for
unauthorized, unnoticed transactions in Dr Zernik’s accounts, by a Custodian
of Records, accompanied by a Custodian of Records declaration.

In response, on June 26, 2008, Dr Zernik received the enclosed records from USC Credit
Union President - Gary Perez. Mr Perez was claiming to act as Custodian of Records,
albeit - with no authorization at all to act as Custodian of Records.

The records provided by Gary Perez included an additional record, which USC Credit Union
generated after the fact in attempt to provide a legal foundation for its conduct in November-
December 2007. The additional record - false and deliberately misleading "Order Appointing

Attorney Pasternak Receiver" was produced with no valid authentication. The false
authentication instrument, which was provided with the new record, listed the name of an
earlier, different record, and could not possibly be an honest, valid, and effectual authentication
instrument for the false and deliberately misleading Order.

Threrefore, conduct of Gary Perez in his June 26, 2008 production of records is alleged as
financial insitution fraud, in and of itself.

Consequently, on Sptember 15, 2009, Dr Zernik sent to Jerald M Jellison - Chairman of

the Board of Directors, a request that USC Credit Union produce again to Dr Zernik the
records that USC Credit Union deemed as providing the legal foundation for its conduct
in November-December 2007, that such records be produced by a duly appointed Custodian

of Records, and that such records be accompanied by Custodian of Records declaration.

Separately, Dr Zernik requested a statement by Jerald M Jellison, providing the

opinion of the Chairman of the Board, regarding the integrity of the records and conduct
in:

a) Record production of June 13, 2008 by Vice President Chrisrtine M Scharz

b) Record production of June 26, 2008 by CEO/President Gary Perez

No response at all was ever received from Jerald M Jellison, Chairman of the Board.
 CREDll'
UNI()N
June 26, 2008 o
Dr. Joseph Zernik

2415 Saint George Street

Los Angeles, CA 90027

RE: Home Equity Line of Credit Payoff Infonnation

Dear Dr. Zemik:

Pursuant to your request, enclosed please find copies of all documents in our possession related to the
closing of your Home Equity Line of Credit in December 2007.

1. Items in our possession and faxed to you on June] 3, 2008:

• Payoff Demand Statement from Mara Escrow dated November 30,2007

• Beneficiary Demand from USCCU to Mara Escrow dated November 30,2007
• Copy of United Title Company check in the mount of5101,422.75 dated December 17,2007
• Check Stub from United Title Company dated December 17,2007

7 Items received from United Title Company on June 16,2008:

• Court order date stamped November 9, 2007

• Proof of service dated October 26, 2007
• Superior Court document certification dated December 4, 2007

The following is the contact infonnation you've requested for confidential correspondence to USCCU's
Supervisory Committee. At your option, you may also direct correspondence to the Board of Directors
cio the Supervisory Committee at the same address:

USCCU Supervisory Committee

830 Childs Way, Unit 24

Los Angeles, CA 90089

tj
inc elY'!'

" / V'I1~i
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CEO!pr~~
~y J. P ez
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cc: USCCU Supervisory Committee
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USC Credit Union Date: November 30, 2007

Escrow No: 134S00-LC

Est. Closing Date: December 14, 2007

Fell: t\o.: (213) 821-7151

Request fOr () Beneficiary Statement or (X) Payoff Demand Stltement on Loan No.
Deed of Trust Executed by: Joseph H. Zernik
Recorded: In Book: Page: SeriesjIClstrument No.
MIN Registration Number:
Current Owner: Joseph H. Zernik
Property known as: 320 So. Peck Drive, Beverly Hills, CA 90412·3nS
Legal Description: Lot 252, of Tract No. 1170, in the City of Beverly Hills, County of Los A."Igeles, State of California, as
per map recorded in Book No. 83, Page(s) No. 94 and 95, of Maps, in the Office of the County Recorder of said
County,

This office, an entitled person as escrow for the current owner of the above referenced property, requests that you, as
Beneficiary of the Deed of Trust referenced above, forward a written statement as indicated above, as such terms ore
defined in California Civil Code Section 2943,

In accordance with Civil Code Section 2943, if a Beneficiary Statement IS requested, your written stltement must include
tl-)e follOWing:

1. The amount of the unpaid balance of the obligation secured by such Deed of Trust (including, without limitation, all
advance, and other loans SEcured thereby whether evidenced by a recorded document or not and whether or not
they hiJve c different loan number), the interest rate on such obligction(s), together with the tote I amounts, if any, of
all overdue installment(s) of either principal or interest, or both, and any other amounts which, upon payment of all
to you.. would entitle the owner of the property to a reconveyance of such Deed of Trust.

2. The a,T1ount of periodic payments, if any, and the date to which they are paid,

3, The dale(s) on which the obligation is due in whole or in part.

4. The datl: to which real estate !c:<es and special assessments have been pilid to the extent such information is known
to you.

5, Tne 2rnount of hazard insure nee and/or flood insurance in effect and the term and premium cf such insur,mce to the
exterlt such intormation is known to you.

6. The amount in cHI account, if any, m2intained for the accumulation of funds with which to pay tlxes and/or insurance
;Jrem'lums.

7. The neture and, if known, the amoun~ of eny additional charges, costs, or expenses paid or incurred by you Which
have becorr.e a lier, on the t'eal pro;:>erty :e:erenced above which, UPOfl p~y;nc;')t to you would entitle the owner to a
release of such lien(s).

8. Whether the obligation secured by the mor.gage or Deed of Trust can or may be transferrE'.d to 2 new borrower.

Any changes or amendments to your reSiXJn$e to this requeS: must be i;) writing and received prior to any reliance being
placed upon the information so provided. Your written statement must not be conditioned upon any further act by you
and any such requ' m nts cannot be honored, Any requirement in your written stltement that verbal confirmation of
e written stete ent lUst be made prior to ~eliance upon it will not be hOrlorec as Civil Code Section 29'13 reqUires such
,atement to b in wing.

LC/5J Page 1 of 1
 CREDIT

UNION

HE' ;:-FICIARY DE\lA:\D XOYelllba 30, 2007

YOCR ESCROW # 134500-LC OLR ACCOt:1'\T # 302780

A TTENT10N: Liz Cohen FAX: 310-550-753]

\Ve arc the legcl! owner and holder of the Note secured by Deed of Trust dated in the
original amount $100,000 executed by USC Credit Union recorded on Unknown as
document # Unknown Official Records, Los Angeles COllnty.

The principal balance on the loan is: 100,733.52 TnteresL thereon, at 7.75% per annum
from November 30,2007. Loan payoff 510],240.27, good through December ]4,
2007. Loan demand and reconveyance fce $75.00, please add to loan payoff.

___x_lfcheckcd; this home equity line of credit h,lS been frolen. No further adv,ll1ces
will be granted.

A)<;o notc that \\c arc to be at no cxpense in connec1ion wi1h this lr'msaction.

On~jna] documents will be forwarded to t]le Trust D,:,'ed Co for reconvcyance after
~ \ ii 11jJJcte ]'JilyofT has been rccei\ed.

For Cjuestions, wrification; or confirmation OfjXlyO[r (igures, you !\1l I ST contact 1he Real
[stdle Loan Department only at (213) R21- -; 1no \.5.
11
Send ;)aYlllcnt to: 3720 South flower Street. CTB 4 ' Floor. Los Angeles. CA 90089,
attn: R.E. Payoff Dept. Please note: (Jal'l1Icnts/(illids C{{lII/O! he wired.

'lOll may waive ourintcrest in any insurance policies Zlt1hc close of your transaction.
])]'o\'ided tbat you b~l\'e met the terms of this demand.

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 ~0DtYt!~11 ORIGINAL
SHEPPARD MULLIN RICHTER & HAMPTON LLP
A Limited Liability Partnership \
2
Including Professional Corporations
PHILLIP A. DAVIS, Cal. Bar No. 110430
\
3
MOE KESHAVARZI, CaL Bar No. 223759
\
333 South Hope Street, 48th Floor

4
Los Angeles, Cali Fomia 90071-1448

Tele{>hone: 213-620-1780

5 Facsimile: 213-620-1398

Attorneys for PlaintiffNivie Samaan

7

9
SUPERIOR COURT OF THE STATE OF CALIFORNIA

10 FOR THE COUNTY OF LOS ANGELES -- WEST DTSTR1CT

11
NIVIE SAMAAN, an individual; Case No. SC 087400

12
Plaintiff, Honorable John A. Segal

13
v. rProposed] Order Appointing David J.

Pasternak as ReceIver.
14
JOSEPH ZERNIK, an individual and
DOES 1 through 10, inclusive,
15
Defendants.
16

17

18

19

20
21

22

23

24

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W02·WEST:IMMKI\400492211.1
 IT IS HEREBY ORDERED THAT David 1. Pasternak ("Receiver") shall be

2 appointed as Receiver to take possession, custody and control of the real property located

3 at 320 South Peck Drive, Beverly Hills, California 90212, legally described as:
4
Lot 252 of Tract 7710, in the City of Beverly Hills,
5 County of Los Angeles, State of California, as per map
recorded in book 83 PAGE (S) 94 and 95 of maps, in the
6 office of the recorder of said county (the "PROPERTY").

7
1. Before perfonning his duties, the Receiver shall execute a Receiver's
8
oath and file a bond in Department 0 with surety thereon approved by this Court, in the
9
sum of $10,000.00, conditioned upon the faithful performance of the Receiver's duties.
10
11 2. Within seven (7) days of his appointment, the Receiver is to disclose

12 to all parties any financial relationship between the Receiver and any company he hires to
13 assist in the management of the estate.

14
3. The Receiver shall have the power and the authority (a) to exclude
15
Defendant and any agents, attorneys, employees or representatives thereof, or anyone
16
claiming under any of them, from the Property; (b) to take possession of the Property; (c)
17
to use, operate, manage and control the Property; (d) to care for, manage, preserve, protect
18
and maintain the Property, and incur the expenses necessary for such care, management,
19
preservation, protection and maintenance (e) to pay appropriate expenses for the Property;
20
(f) to take such other steps as are reasonably necessary to care:for, manage, preserve,
21
protect and maintain the Property, subject to the contract for sale of the Property between
22
defendant Joseph Zernik and plaintiff Nivie Samaan ("Samaan") and (g) pursuant to
23
judgment for specific performance dated August 9,2007, in favor Samaan, the Receiver
24
shall have the power to take all necessary steps to sell the Property to Samaan through the
~)
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25
reactivated Escrow No. 1-34500-GH (the "Escrow") at Mara Escrow Co. 433 North
'1\·)
26
Camden Driver, Beverly Hills, Califomia 90210-4409 (the "Escrowholder), for a price of
".:!
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, I
27
, ,""' $1,718,000 reduced by the setoffs hereinafter described; (h) if within three business days
'
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28
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W02·WEST·IMMKI\40049221 i.I [PRO PO -oRDER APPOINTING RECEIVER

~6rrs-6~~·
 after documents are submitted for signature by the Escrowholder, Zemik fails to sign any

2
such documents the Receiver shall have the power to sign said documentations on behalf

3
ofZemik.
4

4. The Receiver shall prepare and serve monthly statements reflecting

Estate, incurred for each monthly period in the operation and administration of the
8

receivership estate. Upon service of each statement, the Receiver may disburse from
9

Estate funds, if any, the amount of each statement. Notwithstanding periodic payment of
10

fees and expenses, fees and expenses shall be submitted to the Court for its approval and
II

confirmation in the form of either a properly noticed interim request for fees, stipulation of
12

all parties, or Receiver's Final Account and Report.

13

14
5. The Receiver may employ agents, employees, clerks, accountants,

15
attorneys (including Appleton, Pasternak & Pasternak, A Law Corporation), and property

16
managers to administer the Estate, purchase materials, supplies and services, and pay for
17
them at the ordinary and usual rates out of the funds which shall come into the Receiver's

18
possession and shall do all things and incur the risks and obligations ordinarily incurred by

19
owners, property manages and operators of similar properties and enterprises as such

20
Receiver. No such risk or obligation so incurred shall be the personal risk or obligation of

21
the Receiver, but shall be the risk and obligation of the estate.

22

6. The Receiver is empowered to establish bank accounts for the deposit

23

of monies and funds collected and received in connection with the estate at federally
24

insured banking institutions or savings associations, Monies coming into the possession of
25

the Receiver and not expended for any purpose herein authorized shall be held by the
l\) 26

...• ~l
Receiver in interest bearing accounts .
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28

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W01-WEST: 1MMK 1\400492211.1
 7. The Receiver shall be paid his usual hourly billable rate, not to exceed

2 $475.00. All costs incurred by the Receiver and his attorneys in the performance of their
3 duties, including, but not limited to, their fees, shall be paid from the sale proceeds
4
8. Any and all expenses of the operation of the Estate are the risk of the
5
Receivership, and not the personal obligation of the Receiver.
6
7 9. The Receiver may issue Receivership Certificates in increments of
8 $10,000.00 bearing interest at eight percent (8%) per annum for up to $50,000.00 to any
9 person or parties. All funds loaned to the Receiver pursuant to such Receivership
lO Certificate(s) shall be deemed to be a lien of first priority which shall be repaid prior to all

1 1 other encumbrances and claims, other than costs of administration.

12
10. The Receiver and the parties to this case may, at any time, apply to
13
this Court for further or other instructions or orders and for further powers necessary to
14
enable the Receiver to perform the Receiver's duties properly.
IS
16 11. Upon close of escrow, the Receiver shall hold the net proceeds of the

17 sale of the Property and before distributing it to Zernik, deduct from that amount (1) any

18 attorney's fees or costs granted to Samaan by this Court, (2) any damages incidental to the

19 decree of specific pcrfonnance granted to Samaan and (3) the Receiver's fees and expenses

20 incurred as described herein.

21
12. The parties, and each of them, on receipt of this Order shall provide
22
the Receiver with the tax identification numbers utilized by the PROPERTY. The
23
Receiver shall also be entitled to utilize the tax Identification numbers during his operation
24
of the receivership estate.
25
26 \ 3, The Receiver shall detennine upon taking possession of the estate
27 whether in the Receiver's judgment there is sufficient insurance coverage. With respect to
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28 any insurance coverage, the Receiver shall be named as an additi~sured on the
,~

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W02·WEST IMMKI\400492211 I
~~~

[PROPOSED]~ APPOINTING RECEIVER

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 1
policies for the period that the Receiver shall be in possession of the estate. If sufficient

2
insurance coverage does not exist, the Receiver shall immediately notify the parties to this

3
lawsuit and shall have thirty (30) calendar days to procure sufficient all-risk and liability
4
insurance on the estate (including earthquake and flood insurance) provided, however, that
5
if the Receiver does not have sufficient funds to do so, the Receiver shall seek instructions
6
from the Court with regard to whether insurance shall be obtained and how it is to be paid
7
for. If consistent with existing law, the Receiver shall not be responsible for claims arising
8
from the lack of procurement or inability to obtain insurance.
9

14. The Receiver shall be authorized to pay all legal obligations of the
10

PROPERTY outstanding and coming due.

11

12
15. Zcmik and his respective agents, employees, representatives and

13
anyone acting in concert with them are ordered forthwith to take all steps reasonably
14
necessary to enable the Receiver to administer the receivership estate and to exercise
15
management and control over the PROPERTY, including but not limited to:

16

(a) Forthwith providing the Receiver with all keys, books of accounts,
17

records, operating statements, budgets, real estate tax and other bi lis, notices and all
18

documentation relating to the PROPERTY

19

20
(b) Cooperating with the Receiver to enable him to sell PROPERTY to

21
Samaan.
22

23

24

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 . ,

16. The parties and their respective agents, employees, representatives

2
and anyone acting in concert with them are hereby enjoined and restrained from engaging
3
in any action which interferes with or frustrates the Receiver's ability to administer the
4
receivership estate and exercise management and control over the PROPERTY.

5
Dated: November ~,2007
6

7
Hon. 0 n L. Segal
JUDGE OF TH SUPERlOR COURT
8

ilOHN L. SEGAL
9

10
THE DOCUMENT TO WHICH THIS CERTIfICATE IS
AITACHED IS l\ FULL, TRUE AND CORRECT COpy
11
OF THE OR1BINAlISSUED BY THIS OfFICE ON
_ _.......;:;.,;E:::.;:C:.....O=-f 2001 OF RECORD.

12
ATrEST ---~~"-A- ......, t f I ' - - - ­
John A. Clarke, Execuf i ( ~ of
13
the Superior Court of "~I County
of Los Angeles. ( t
14

By ~
15

JOHN TENNVS'!h'\J
16

17

18

19

20

21

22

23

24

'\.': 25

26

27

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28

-< ------:-=:-::-:=_=::_

W02·WEST:IMMKI\400492211.1 [PROPOSElJ] ORDER APPOINTING RECEIVER

;f\-,a Oy ~- 6~ ~
PLEASE COMPLETE THIS INFORMATION

RECORDING REQUESTED BY:

UNITED TITLE COMPANY

12117107

IIIJlillllllll~llll~ llIll 11111 11111 1111111111 1IIIr II1I1 ~IIIIII

AND WHEN RECORDED MAIL TO:

SHEPPARD MULLIN RICHTER & HAMPTON LLP

TH
333 SOUTH HOPE STREET, 48 FLOOR
LOS ANGELES, CA 90071-1448
20072759872

THIS SPACE FOR RECORDER'S USE ONLY

ORDER APPOINTING DAVID J. PASTERNAK AS RECEIVER

THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION

($3.00 Additional Recording Fee Applies)
 PROOF OF SERVICE

2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

3 I am employed in the County of Los Angeles; I am over the age of eighteen

years and not a party to the within entitled action; my business address is 333 South Hope
4 Street, 48th Floor, Los Angeles, California 90071-1448.

5 On October 26, 2007, I served the following document(s) described as (PROPOSEDI

ORDER APPOINTING DAVID J. PASTERNAK AS RECEIVER on the interested
6 pany(ies) in this action by placing true copies thereof enclosed in sealed envelopes and/or
packages addressed as follows:
7
Robert 1. Shulkin, Esq. Joseph Zernik
8 The Law Department 320 S. Peck Drive
Coldwell Banker Residential Beverly Hills, California 90212
9 Brokerage Company izI2345@earthlink.net

11611 San Vicente Blvd., Ninth Floor

10 Los Angeles, CA 90049-6510

Facsimile: (310) 447-1902

I1 robert.shu Iki n@eamoves.com

12 0 BY MAIL: I am "readily familiar" with the firm's practice of collection and

processing correspondence for mailing. Under that practice it would be deposited
13 with the U.S. postal service on that same day with postage thereon fully prepaid at
Los Angeles, California in the ordinary course of business. I am aware that on
14 motion of the party served, service is presumed invalid ifpostal cancellation date or
postage meter date is more than one day after date of deposit for mailing in
15 affidavit.

16 0 BY OVERNIGHT DELIVERY: I served such envelope or package to be

delivered on the same day to an authorized courier or dnver authorized by the
17 overnight service carrier to receive documents, in an envelope or package
designated by the overnight service carrier.
18
lEI BY HAND DELIVERY: I caused such envclope(s) to be delivered by hand to the
19 office of the addressee(s). .

20 0 BY ELECTRONIC MAIL: I caused to be prepared and sent an email to the party

listed below at the e-mail address shown on the service list.

21
~ STATE: I declare under penalty ofpe~ury under the iaws of the·State of
22 California that the foregoing is true and correct.

23 Executed on October 26, 2007, at Los Angeles, California.

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24

25
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David ...asloff
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Tf-iE f.lOC.:P::Tlj Tn THIS CERTIFlCATE IS
\~WICH
'",HACHE[) k; M rLtL, TiWE AND CORRECT COpy
OF THE ORIGINAL ISSUED BY THIS OFFICE ON
DEC 0 , 2001 OF RECORD.
ATIEST DEC~MI.~-29HH.a71----
John A. Clarke, Executive bflicer/Clerk of
the Superior Court alifornia. County
of Los Angeles. 0