[eBLAWg]

September 13, 2007 - Thursday

 

A Soldiers Mom and the eleventh day of every month to support our troops.
Category: Religion and Philosophy

 

Bring Brian home.

 

Everybody please help those who have showed us love. SPC Brian Patrick Shaver showed us love. Now, in honor of his service, we need to help his mom, Pamela Smith, who is on a mission to bring her son home.

 

Please ask her how you can help.

 

Please re-post her bulletins and Blogs.

 

 

 

 

 

Pamela Smith,

 

Sorry I missed exactly what you asked of me. I will do whatever it is, once I understand, on the 11th of every month from now on, {once I figure out what you wanted me to do}. This will fulfill my desire to help the 911 protestors, who encourage anti-war protestors to go out on the eleventh day of the each month to reach people about the Twin Towers being re-opened for further investigation.

 

REGARDING: "just use it as your profile default image instead of the one you have".

 

Do you want me to put up your handsome son in place of that ugly judge and my children? That would mean I would have to download his photo into my pictures then upload it to my photo album to set it as the default, no?

 

I hope I am following you here.

 

If I am: Send me an e-mail with the image you want me to use as default and send me what you want me to post as a Blog or a bulletin or both.

 

I'll send it as a tag in one of my mass mailings to the people I bug on a regular basis.

 

UCC 1-308

 

Marilyn LeBaron

 

----------------- Original Message -----------------

 

From: SPC Brian Patrick Shaver, 167th Combat Infantry

 

Date: Sep 11, 2007 6:09 AM

 

No hon. Just use it as your profile default image instead of the one you have just for today.

 

It's been 6 years since the towers fell.

 

----------------- Original Message -----------------

 

From: Marilyn

 

Date: Sep 10, 2007 2:23 PM

 

PLEASE post that default image on my profile in memory of 9/11. Do it on all your pages so I can bump you up to my top 40.

 

What?

 

 

 

You mean Blog it?

 

UCC 1-308

 

Marilyn LeBaron

 

----------------- Original Message -----------------

 

From: SPC Brian Patrick Shaver, 167th Combat Infantry

 

Date: Sep 10, 2007 7:02 AM

 

That's so SWEET! I'm glad you took the chance to relax. :)

 

PLEASE post that default image on my profile in memory of 9/11. Do it on all your pages so I can bump you up to my top 40.

 

Listen, there is a Photographer coming to take pictures of Brian's grave and so on. We are trying to attract the attention of CNN. IF my Blog makes it there, and my story gets coverage, I'd like for YOUR links to be prominent on my page.

 

A little FREE advertisement ne'er hurt anybody, right? :)

 

HUGS!

 

Pamela

 

----------------- Original Message -----------------

 

From: Marilyn

 

Date: Sep 9, 2007 11:02 PM

 

Oh, I had a long hot shower and watched some TV and sat and giggled with my grandbaby.

 

Boy, she loves to laugh.

 

She is zzzzzzzzzzzonked right now.

 

gtg

 

Love,

 

UCC 1-3308

 

Marilyn LeBaron

 

----------------- Original Message -----------------

 

From: SPC Brian Patrick Shaver, 167th Combat Infantry

 

Date: Aug 29, 2007 12:05 PM

 

I agree.

 

Did ya try that bubble bath yet? :)

 

----------------- Original Message -----------------

 

From: Marilyn

 

Date: 28 Aug 2007, 11:39 AM

 

He is delicate and will put his candle out before it can be of guidance to anyone just for a bit of slang.

 

Well, I don't feel punished. He is just wrong.

 

UCC 1-308

 

Marilyn LeBaron

 

----------------- Original Message -----------------

 

From: SPC Brian Patrick Shaver, 167th Combat Infantry

 

Date: Aug 28, 2007 9:26 AM

 

I wrote to that guy and explained that he can HELP you, and he can HURT you, the latter seems to be what has happened.

 

You're hurt, you're mad, you're angry. If not for Gods people, how can we help you get through these things?

 

 

 

Here is a copy of what I wrote:

 

Hi Gerald. You don't know me but... Remember when Jesus cast out all the demons from that infirmed man and sent them (Legion) into the pigs, which immediately ran over the cliff and dropped into the water?

 

What kind of language do you think came out of that mans mouth? What if Jesus said, "I don't like your slang" and did not cast out Legion?

 

Ok, I have read your post to a friend of mine who needs Godly folks behind her more than one could imagine. She isn't Legion, she is angry, she is hurt, and the only saving grace she is able to be in touch with these days is through people who have God.

 

I have called her down before on her language, but not because "in my mind" it's a "sin to use slang", but because when she does show her anger she defeats her purpose. She has a purpose in this life as we all do.

 

My point is, don't give up on her because she needs us. She needs all the prayers and support she can get. Who knows, your godly mission on this earth could include, by actions, to show her the best way to help her cause, and save her soul, is to continue her fight, but do so under the mercy of God.

 

Just my two cents hon.

 

Pamela Smith

 

A Soldiers Mom.

 

Hmmm. I wonder if anger is the equivalent to demon possession? lol... Thanks Pam, Love ya!

 

9:25 AM - 0 Comments - 0 Kudos - Add Comment

 

 

 

----------------- Original Message -----------------
From: Judge_the_Bench
Date: Aug 16, 2007 4:28 PM

 

 

 

----------------- Original Message -----------------
From: Judge_the_Bench
Date: 16 Aug 2007, 16:12

 

Regarding: Belligerent Claimant in Propria Persona by Special Visitation: Due to the Nature of a Public Defender being a duo prosecutor and fail to reveal the true nature of their representation to citizens.

 

INVENTORY OF CONTENT MAILED TO THE SHERIFFS OF THE STATE OF OREGON TO REMIND THEM OF HOW TO UPHOLD THIER OATH OF OFFICE:

 

IF YOU ARE INTERESTED IN HELPING ME PLEASE ASK FOR THE ORIGINAL AND BEGIN YOUR OWN RESEARCH.

 

1… Subject: Fw: Help. Please disregard the other copy of this open letter to Ed Bullman. I didn't know much about [ a certain kind of ] law when I wrote this. Ask William Dixon, "Will you comment?" To: The Sheriff in your county, if you could please make sure he gets a copy. INCLUDING: A Duplicate: to correct a typo:

 

2…"Belligerent Claimant in Propria Persona by Special Visitation

 

3… An Attorney's loyally.

 

4… I am being intimidated on your behalf regarding my right to freedom of legal speech?

 

5… To find an Attorney competent enough to argue FCJPR, Rule 12, especially Rule 12 (b), (e), and (f), which involve your rights is a very rare find.

 

6… RULE 53 REFORM --- FOI --- DHS PERJURY --- INVESTIGATE THE FACTS FOR YOURSELF (THOSE POSTED ON MY BLOG ON MYSPACE)

 

7…http://www.dcrally2007.com/ August 18, 2007

 

8.. I got no jury. I was found guilty but I could not have committed the crime yet. But, I have Due Process Rights in criminal law & "No Complaint, No Victim" the rule.

 

9…http://www.freeourkids.com/

 

10…http://www.PetitionOnline.com/families/petition.html

 

11…http://www.thepetitionsite.com/takeaction/986173347

 

12... Dear 'fly in my e-mail', if you dare 'buzz around in here'... lol

 

13… SENDING AN SOS TO THE WORLD FROM FLORIDA...

 

14… RULE 53 REFORM - PATIAL CROSS CONSOLIDATION

 

15…http://www.sptimes.com/2006/04/24/Tampabay/Missing_mom_ma
y_have_.shtml

 

16…http://www.sptimes.com/2006/04/18/Tampabay/With_woman_mis
sing__a.shtml

 

17… Your administrative record must show that you have denied the debt and are attempting to work out the issue.

 

18…I have not had a presumed debt go to court when I use the UCC.

 

19… Belligerent Claimant in person+Johnson

 

20… Equitable Maxims, Article III, with respect to Equity.

 

21…When one of We the People go to court we cannot step before the judge in a group and maintain our Rights. Each one of us must go alone and must not succumb to the black robe seated in his high place. The judge and all lawyers and prosecutors are "officers" of the court and owe their allegiance thereto.

 

22... Clearfield Doctrine

 

23…If a magistrate refuses to hear your Affidavit you must make sure you advise him in writing that you do not consent to his jurisdiction per 28 USC 636 (c) (1).

 

24… Your Affidavit before the judge.

 

25…The Ashwander rules: Qualifying for the Supreme Court

 

26…Common Law, § 2- of nation

 

27…NOTICE: there is NO "Federal" common Law, the law of torts are the same as in military courts, which also pertains to and is the ROMAN LAW OF TORTS! Roman Catholic Law of Torts, Tribunals! THE CLEARFIELD DOCTRINE WAS RECORDED

 

28…NOTICE OF RESERVATION OF RIGHTS.

 

29… ONLY BELLIGERENTS HAVE RIGHTS.

 

30… If you are waiting for the Supreme Court to proclaim your rights, or somehow magically rally to the aid of the American people, I think you need a dose of reality:

 

40… IMPORTANT: Use care in selecting your terms. "File" a statutory term. "Record" is a common law term. The copyright is private intellectual property "recorded for public notice."

 

I, __name____________, Belligerent Claimant In Propria Persona by Special Visitation, demand an inspection and reading of administrative record of territorial Tribunal in situs of diversity claimant property Rights. I further demand Without Dishonor per UCC 3-501 of _________ state that statute be read in harmony with the common law per UCC 1-103.6 and that all civil and/or civil claims be proved and verified with probable cause per Amendment VII of the Constitution of the united states of America. I demand a True Bill of Commercial, Criminal, or Civil Action under the Good Faith and Fair Dealing of Common Law per UCC 1-203 or related statutory demand of claimant commercial nexus. Presenters liability claim against presumed debtor, who has Reserved Rights Without Prejudice per UCC 1-308, is non-assumpsit prima facie upon the non-negotiable instrument which makes the Performance or Acceptance Under Reservation of Rights.(a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "under protest," or the like are sufficient.(b) Subsection (a) does not apply to an accord and satisfaction. Claimant hereby demands that presenter per UCC 3-501 (i) Exhibit the instrument with signature of claimant that prompted said presenter to covet property of claimant. (ii) Reasonably identification of presenter, agent and principal; AND furnish authority to make demand of claimant to fill out or file forms advantageous to presenter. (iii) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made. Failure to validate presentment within the prescribed time on a point by point basis or to have proper "holder" certify authenticity will mean that you accept that I have no liability, and you have no such "negotiable" instrument(s) as a "person entitled to enforcement" per UCC 3-501(a)(i) to present and demand payment per contract at UCC 3-104(a). Galleria Bank vs. Southwest Properties, 498 Southwest 2nd, page 5, as follows:"The failure of an adverse party to deny under oath the allegation that he is incorporated dispenses with the necessity of proof of the fact." I am not a corporate entity having The federal Uniform Commercial Code (UCC) defines "good faith" as honesty in fact and the observance of reasonable commercial standards of fair dealing (UCC § 1-201(20). means to be truly American. In practice, the belligerent claimant in person would never say that his rights were being trampled. Instead, he would accuse tyranny wherever he found it, and he would take legal action to halt it whenever he had standing to do so. And he would encourage and lend whatever support he could to anyone else who would do the same. He would form alliances and create legal aid societies and funds, and he would network to build a social and voters' block to be reckoned with, and he would be suing anyone who attempted to coerce him to surrender any of his rights in any way. This would include states and corporations that tried to make him conform to inapplicable legal venues such as privilege taxes and licensing, in order to make him an employee or in the alternative deny him the equal opportunity to make a living. Who will challenge the government's trespasses against our rights, and thus defend them? Only the belligerent claimant in person! Why? Because in the normal course of things, the only way the average person can challenge a law is to disregard it and get cited or arrested by the police for allegedly "breaking the law". Even if the law is a repugnancy that doesn't actually exist! And only the belligerent claimant in person is gutsy enough to invite that kind of trouble into his life. Of course, there are things we can do to make it easier for more people to become belligerent claimants in person. More on that later. Every contract for the sale of goods imposes an obligation of good faith dealing on all parties in its performance and enforcement. [UCC § 1-203] All parties, including non-merchants, are subject to UCC § 1-201(19) which defines "good faith" as "honesty in fact in the conduct or transaction concerned." Merchants are subject to an additional good faith standard, set forth in UCC § 2-103(1)(b), which requires "honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade." "The right of a person under the 5th Amendment to refuse to incriminate himself is purely a personal privilege of the witness. It was never intended to permit him to plead the fact that some third person might be incriminated by his testimony, even though he were the agent of such person." Hale v. Henkel, 201 U.S. 43. Not only that, but if you allow anyone to "represent you", instead of being "the belligerent claimant in person" (Hale v Henkel, i.s.c.), you become a "ward of the court". Why? Because obviously, if someone else has to defend your rights for you, you must be incompetent! Clients are called "wards" of the court in regard to their relationship with their attorneys. See a copy of "Regarding Lawyer Discipline & Other Rules", as well as Canons 1 through 9. Also, see Corpus Juris Secundum (CJS), Volume 7, Section 4, Attorney & client: "The attorney's first duty is to the courts and the public, NOT TO THE CLIENT and wherever the duties to his client conflict with those he owes as an officer of the court in the administration of justice, THE FORMER MUST YIELD TO THE LATTER." (emphasis mine) And also in Matt 23:13,33 (NIV) "You shut the kingdom of heaven in men's faces. You yourselves do not enter, nor will you let those enter who are trying to ... How will you escape being condemned to hell?" A lawyer cannot claim that you have rights. U.S. v. Johnson, 76 F. Supp. 538 That an easy question. Attorney's practice lies and deception. The word "attorney" comes from the Latin word "attorn" which "means to turn and twist." Their job is to get their victim (client) to submit to the jurisdiction of Babylonian "Code and Rule Pleading", where there is profit for all Officers of the Court; or to move an action from Admiralty, Ecclesiastical, Equity, Real Action or Roman Civil Law into "Code and Rule Pleading". The key to the mystery of this shell game is found in Black's Law Dictionary, Sixth Edition under "Declaration" at page 407 for anyone who has "eyes to see and ears to hear". All Officer of the Court are Collectors or Directors of the Inferno Revenuer Service. Federal Civil Judicial Procedures and Rules, Rule 82 (f). In criminal case when you hire an Attorney, the Attorney files a Notice of Appearance, thereby granting the Jurisdiction to move in "Code and Rule Pleading". Then, the Attorney files a Plea of "Not Guilty" which waives almost of his clients rights and leave the client with impossibility to prove a negative. What an entrapment and a scam! Now all that can be argued is "the facts" and nothing else matters and is inadmissible. To find an Attorney competent enough to argue FCJPR, Rule 12, especially Rule 12 (b), (e), and (f), which involve your rights is a very rare find. Most Attorneys will tell that this rule does not apply, but Folks there are not any rules for defense in FCCR (Federal Criminal Code and Rules); there are only codes and rules for prosecuting (persecuting) you. Besides, only a Belligerent Claimant in person can defend rights. Rights cannot be defended by Attorney or Solicitor. United States v Johnson, 76 F. Supp. 538, 540 (DC, MD PA, 1947) An Attorney's loyally is to the Crown first, then the Government, and his victim (client) is last. 7 CJS 2 and 4 You would have to be nuts to trust your life or business to an Attorney. Client = Ward of the Court = Person of Unsound Mind. Black's Law Dictionary, Sixth Edition at page 1584. Davis' Committee v Loney, 290 KY 644, 162 S.W. 2d 189,190; Montgomery v Erie R Co, C.C.A.N.J., 97 F2d 289,292. Take EXCEPTION to the Devil's Utterances. Move OBJECTION to the Jester's Utterance. Only, that which is on the record can be appealed. Get it in on the record. In the last paragraph of Faretta, the US Supreme ruled that one who self-RE-Presents has "a fool for a client". How can one plea, if they "do not understand the nature and cause of the charges"? And if one is coerced to enter a plea, then that plea would have to be "Non assumpsit, Without prejudice" > "...a plea by which Defendant avers that "he did not undertake" or promise as alleged by the plaintiff" with "no rights...waived". - Black's Law 6th Ed. A better plea is "Plea in Bar"; however, one must know proper proceed well, to make this one really stick. If one enters plea of NOT GUILTY, one just might as well Plea Nolo Contrendere and get it over with; because one will loose anyway, since Not Guilty is a negative and it is impossible to prove a negative. The proper Plea would be a Plea of Innocence, which is a positive Plea, something which can be proven. Remember, too, that these are courts of controversy. Learn ways and methods of avoiding controversy. These courts can, only, proceed in controversy. Once one hires an Attornor, and tell (testifies to) the Attornor (the enemy's spy and Officer of the Court) what has happened, the Attornor is required by law to share (Discovery) ALL evidence, which he obtains from his Client, with the Prosecutor. "You have the right to remain silent, everything that you say (to any of these devils), CAN and WILL be used against YOU Never APPEAR 'Pro se', 'Pro per' or 'Pro' anything, not even 'In propria persona'. Never allow the Black Robed Devil to proclaim that you are there 'Pro se', 'Pro per' or 'Pro' anything. Always, ALWAYS, take EXCEPTION. One does not OBJECT to the Judge's utterances, one takes EXCEPTION. One OBJECTS to the Prosecutor's utterances. The Supreme Court in all of its ultimate wisdom made this ruling about those who APPEAR 'PRO SE': "If there is any truth to the old proverb that '[o]ne who is his own lawyer has a fool for a client,' the Court by its opinion today now bestows a constitutional right on one to make a fool of himself." -- Faretta v California, 45 L Ed 2d 562, 592 (1975); also, found at last page of 422 US 806 and 95 S Ct 2525. To become a good belligerent claimant one needs to learn the "Faretta Defense". The court nor the state does not have the right or the need to know ones, family, work, military, educational or religious background. All that is needed is that one is able to read, write and speak America's English. Stop, volunteering information. The more information one volunteers the more these devil have to use against their victim. If one, out of necessity, must be present, then that presence, not appearance (things unseen are that which appear), should 'sui juris' by one's own Right or 'suæ °otestate esse', the lord or master of the soil (self rule). The latter require knowledge of law to successfully use. To appear 'Pro Se' or 'Pro' anything is to accept a temporary appoint to the BAR, a acronym {British AristocRATic Regency or British Accreditation Registry}. Attorney's are Esquires. Esquires are apprentice Knights or Squires, who are practicing to become Squires and you pay for their practice. The Florida Bar as an example has 70,000 members; however, less than 2,800 members are Certified as Competent. Do you really wish to be one of their guinea pigs? It should, also, be noted that the United States Supreme Court in ALL of its ultimate wisdom gave full immunity to Judges, Attorneys, Court Reporters, Stenographers, Law Enforcement Officers and Expert Witnesses (such as Shrinks and Psychos, Sorcerers) who testify for the STATE against both civil and criminal prosecution for perjury. They all have received an indulgence (permission or license) to BEAR FALSE WITNESS again YOU. Read it and weep, Briscoe v LaHue, 460 US 325; 75 L Ed 2d 96, 103 S Ct 1108. Do you really want to play cards at this table? "No man can serve two masters: for either he will hate the one, and love the other; or else he will hold to the one, and despise the other." - Matt. 6:24 Present (not RE-present) yourself a living, holy and acceptable sacrifice unto Yah, The Creator" - Romans 12:1; note the presentment is to Creator and not some Black Robed Devil. "Father forgive them not, since they know what they do." - Luke 23:34. "For there is one mediator between the Creator and men, the man, Jahshua Messiah." - I Tim. 2:5 "We write unto you, that you abstain from pollutions of idols." - Acts 15:20 "Come out of her, my people, that ye be not partakers of her sins, and that ye receive not of her plagues." - Rev. 18:4 "Little children, keep yourselves from idols [false deities, demons]. Amen." - I John 5:21 "Choose you this day whom you will serve." - Joshua 24:15 "If you confess me, Yahshua, before men, I will confess you before Yah, the Father." - Matthew 10:32 Belligerent Claimant in person+Johnson [thru 17 compulsary counterclaim rule+child support Administrative Level FRCP 12(b), supp. 33-34; FRCP 12(g)-(h), (a) move for dismissal for lack of jurisdiction over the person, then seek dismissal for lack of jurisdiction over the subject matter?(b) do the reverse of (a)--move for a subject-matter jurisdiction dismissal and then seek dismissal on personal-jurisdiction grounds?(c) move for dismissal for failure to state a claim upon which relief can be granted, then include in the answer a defense of improper venue?(d) do the reverse of (c)--move for a venue dismissal and then challenge whether the complaint states a claim upon which relief can be granted? For each question, be prepared to cite the relevant portion(s) of the applicable rule(s) in support of your answer. Does the setup created by these rules make sense? Rule 12(b) describes pretrial motions that can be filed.1. lack of subject matter jurisdiction: In civil procedure, the subject-matter jurisdiction of a court determines the kinds of claims or disputes over which it has jurisdiction, or the power to render a decision. Federal contract or "process of law." 2. lack of personal jurisdiction: Personal jurisdiction is the power of a court to require that a party (usually the defendant) or a witness come before the court. The court must have personal jurisdiction to enforce its judgments or orders against a party. Attempting to defend your self by "understanding the charges" or having a lawyer makes this automatic. 3. improper venue: Venue is a concept distinct from jurisdiction, which focuses on the authority of a court to hear a particular case. However, unlike personal jurisdiction, there is no constitutional requirement for proper venue in order to have a valid judgment. A federal court is an inferior court and usually not the proper place for a Natural Citizen. A debtor must give written consent for the magistrate to rule per USC 636 (c) (1). 4. insufficient process 5. insufficient service of process 6 failure to state a cl.. Usually a cause of action will be either a legal claim or a claim in equity. Legal claims are usually those that are based on the laws of a particular jurisdiction. Equity claims are those based on the common law interpretation of what is right and wrong and what would be needed to make everyone whole again. 7 failure to join a party under 19. FRCP: 12(b) states how a party may object to jurisdiction. It allows defendant to raise question of jurisdiction along with other specified motions. Under rule 12(h) however, if you object on lack of jurisdiction over the person, improper venue, insufficiency of process of insufficiency of service of process you have to object to all of them at the same time or you will lose ability to raise other objections later. This all must be done in the first appearance.

 

4. Three Types of Territorial Jurisdiction:

 

a. In personam: jurisdiction over the defendants person gives the court the power to issue a judgment against her personally. Exercised by service of process. Can be served within the state or by extension, outside of the state (generally via a long-arm statute), as long as there is some sort of connection to the state. (Thus all the persons assets may be seized to satisfy a judgment. Further, the judgment can be sued upon in other states as well.)

 

b. In rem: jurisdiction over a thing that gives the court power to adjudicate a claim made about a piece of property (within the state) or about a status.

 

c. Quasi in rem: Any judgment affects only the property seized and the judgment cannot be sued upon in any other state. Applies in cases where one cannot get jurisdiction over the defendant's person. Property or intangibles are seized as a means of satisfying a possible judgment against the defendant.

 

in reservation of all my inalienable rights

 

UCC 1-308

 

Marilyn LeBaron

 

 

 

----------------- Original Message -----------------
From: Wayde
Date: 08 Aug 2007, 17:39

 

Good to see others out there fighting CPS. I am in the middle of moving. My daughters mother just passed away. My child’s mother has been monitored by CPS for years and now she is gone. Very strange. I have fought CPS acting as my own attorney in Los Angeles California and won, 8 days later my child’s mother is dead. Hope all is well.