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  #11  
Old 11-16-2005, 02:06 PM
summergarden summergarden is offline
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Thanks Akira,

For providing information about Randy and giving me the links. I just got through printing CLA's "The Power of Words".... all 69 pages. Need a new ink cartridge now.... This is recommended reading for everyone. The information is abounding..... and astounding. The truth shall set us free!

Regards,
Summergarden
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  #12  
Old 11-17-2005, 04:52 AM
summergarden summergarden is offline
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Talking The Power of Words

Thanks for the link, now my printer is just about out of ink... 69 more pages of powerful information that is an invaluable teaching tool that prepares one in an artful way to engage in life without stepping into .... poo poo.

Summergarden
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  #13  
Old 11-17-2005, 06:44 AM
David Merrill's Avatar
David Merrill David Merrill is offline
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Join Date: May 2005
Location: Colorado.
Posts: 6,169
jogging memory

Quote:
United States Government Printing Office (1984 )Style Manual

That's the manual I was trying to think of. Randy Lee and those guys were quoting it about boxes being for superfluous and explanatory matter.

Quote:
Can't manage to find any border encompassing the entire citation I'm looking at issued by LAPD.... just lines. Only box outstanding is the one which says inside in all caps WITHOUT ADMITTING GUILT, I PROMISE TO APPEAR AT THIS TIME AND PLACE INDICATED BELOW.

That is the contract. Any boxes within that box would be superfluous and explanatory matter. Before signing strikethrough the agreement to appear and be done with it.

If you are a court of competent jurisdiction you have a reasonable amount of time to change your mind by Refusal for Cause. Three days "72 hours" according to the UCC (but do not cite that code). I tell suitors that you have not decided to R4C until the papers are properly executed. Here is the sample clerk instruction for the district courts of the United States found inside the Libel of Review:

Quote:
Petitioner
street address
Colorado Springs, Colorado.
[zip]


United States District Court
Registered mail # RA XXX XXX XXX US
for the District of Colorado
901 19th Street - A105
Denver, Colorado.
[80294]

Dear clerk;


Please file this refusal for cause in the case jacket of Article III case 03-XXXX. This is evidence if this presenter claims I have obligations to perform or makes false claims against me in the future. A copy of this instruction has been sent with the original refusal for cause back to the presenter in a timely fashion.

Certificate of Mailing

My signature below expresses that I have mailed a copy of the presentment, refused for cause with the original clerk instruction to the district court and the original presentment, refused for cause in red ink and a copy of this clerk instruction has been mailed registered mail as indicated back to the presenter within a few days of presentment.

_______example________________________
Petitioner

Presenter's name
Registered mail # RA XXX XXX XXX US
Address
Anywhere, State.
[presenter's code]
Read that carefully and you may see how it works. If a blue suited agent of a foreign principal with a revenue cause offers to contract on the side of the road the suitor has a pre-established evidence repository in the cognizance of the United States. A copy of the clerk instruction advises the chief of police (presenter's principal) that a copy of the R4C is filed in the US Courthouse with the original clerk instruction. The signature should be in true name (no last name) and with a court seal - usually the red thumbprint.

[For a cheap process server get the Registered Mail stamps in advance so you can type the numbers into the document. Have the clerk check accuracy and verify by rounddating all six of the Registered Mail numbers. Buy .90 (certificate of mailing) stamps for each document, including your copy and have them all cancelled. The clerk is over 18 and not interested in the case. You are the court of competent jurisdiction so decide for yourself if this is proper proof of service. Especially if you have a Return Receipt too.]

One suitor simply wrote "Refusal for Cause" across the ticket on the clipboard and handed it back to the officer. After a few minutes the officer returned to the car. He had written out another identical ticket! The officer snuck up to the open window and stuffed the defendant's copy into the car and ran off. The incident led to a gunpoint altercation where the agents of the Bank were compelled to dredge up the past R4Cs and ignore them. Well they tried for a while during the booking process. I advised moving for a probable cause hearing and the initial R4C would get on the record (hire your own court reporter; you are the court of record. Traffic court in Colorado is a court not of record). The clerk said they do not give probable cause hearings for trivial matters (even if there were guns drawn the matter is trivial (misdemeanor)). So the fellow served his own order and decree.

http://friends-n-family-research.inf...and_Decree.rtf
court of record


You may note that this deal was complicated by past R4C's being over two counties. This suitor is still walking free but knows never to antagonize the initial agent. With the proper evidence repository (cognizance) in place, there is no excuse to prod the officer into going postal. Sign it and blow $25 on the refusal if that is worth it to you ($12 for each Registered Mailing). A couple of the cowboy agents and a neighbor with an unleashed dog complaint continually try to perfect process against the man. Definitely not worth it to deal with the agent who feels the ticket is mandatory.

If this seems a little off point, consider it a caveat with my advisement you can just strikethrough the contract. One suitor did this and the officer just said he was notified anyway that he had to appear. The suitor responded he would be appearing restricted through the district courts of the United States. But the contract was on the paper, not verbal. So there was never a promise to be a defendant. It took a while but they returned his car too:

www.ecclesia.org/forum/images/suitors/Plates.jpg
www.ecclesia.org/forum/images/suitors/Notice.jpg


Regards,

David Merrill.


P.S. Note the last paragraph of the Order and Decree. The district attorneys and the principal attorney general are required to file their oaths within thirty days of taking office or the office is vacant. This intrepid suitor went to the secretary of state to get oaths and was first told they no longer give out Certificates of Fact for officers who fail to file. Meaning they were afraid of John Suthers suing them. But he went back the next day to find this:

http://Friends-n-Family-Research.inf...9;_AG_oath.jpg
http://www.sos.state.co.us/pubs/elec...2001_const.pdf

The office of attorney general is vacant in Colorado state. Suthers took almost 90 days to file his oath. See Article XII, Sections 9-10.

Last edited by David Merrill : 11-17-2005 at 07:39 AM. Reason: postscript
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  #14  
Old 11-17-2005, 04:19 PM
summergarden summergarden is offline
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Post Instruction to U.S.District Court

Lets presume:

The suitor has executed the R4C properly with three days, and has returned such original, alleged citation, together with a Notarized Declaration or Affidavit and Bond to the presenter by Registered Mail, and has duplicated samesaid documents which were then provided to the state Court of alleged jurisdiction over the matter, also by Registered mail.


However..... the suiter has not, within the package of documents mailed to either the presenter, or to the court, an "instruction" instrument ...which appears to be an intrinsic element of the package of documents, being the one that was prepared by the suitor, to be filed wih the United States District Court for the District of the state in which the matter is to be adjudicated.


Is this fatal, or can this be remedied by then providing the US District court notification of instruction, as long as it is in advance of the date in which the matter would be heard, and providing copies of the documents mailed to both presenter and lower court, along with the proof of their service by registered mail?


Of course, that would necessarily mean that the state lower court and the presenter would require being served a copy of the filing of "instruction" executed by the suitor to the US District Court , in advance of the appointed court date as well.

Would that work?

If so, that would mean the cost of the registration and return receipt for 3 mailed documents, plus the 2 registered documents already sent, which in California is $9.62 per letter. The total cost of mailing= $38.58

Without the consideration of time and labor (shipping and handling) as you can see..... the cost is more than the $20.00 which fee's were regulated for the specific (alleged) citation.

Freedom is not FREE.... and were it not for the relatively few in America compared to the masses, that choose to fight the fight, and bear the burdens to keep the spirit of Liberty alive...... the selfish and ignorant and innocent that are within in the masses, could not, and would not, experience the degree of any joys which they conceive....as bliss.... in this nation. It appears that we are truly our brother's keeper.


Summergarden
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  #15  
Old 11-17-2005, 04:47 PM
HenryBowman
 
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It's my experience that the clerks are many times incompetent with or without instructions.

There is an exception to that rule, and I really appreciate her, but most of the time, they are incompetent.

Henry Franklin
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  #16  
Old 11-17-2005, 05:26 PM
summergarden summergarden is offline
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Question Incompetent clerk or not, if the document is filed it stands as record

This is in reference to the specific instructions that are executed BY the "suitor" to a higher court than the lowly inferior one which the alleged violator is to appear. (at least that is my interpretation of the document above that is offered by DM ) If it is true that the clerk of the court advises the Chief of Police (the presenter's principal ) that the R4C is filed with the "US District Court.

It would appear that the object of filing this with the "US District Court" may be to give notice of a "federally protected right" claimed, as superior to that of a municipal policy enforcer's presentment.

I'm just a little in the dark about how the clerk knows that the Chief of Police is to be notified of the R4C, if it is not stated within the "instructions". And, if it shoud be added to that document executed by the suitor?

Maybe DM has the answer?


Summergarden
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  #17  
Old 11-17-2005, 07:16 PM
HenryBowman
 
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You would notify the presenter of the R4C, and file a copy within the case jacket.

You are correct in that un-filing a document is impossible. They try, but to no avail.

Henry Franklin

Last edited by HenryBowman : 11-17-2005 at 07:19 PM.
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