TO THE DISTRICT COURT OF BOX BUTTE COUNTY, NEBRASKA

Transcription

1 State of Georgia ) County of tyucflfrl.) ) ss. TO THE DISTRICT COURT OF BOX BUTTE COUNTY, NEBRASKA Box Butte County Nebraska, District Court Clerk, Susan C. Dyer (Hereby appointed Trustee) ~ Third Party Custodian 515 Box Butte Ave. Ste 300 Alliance, NE (308) Fax (308) Notice to Clerk of Court: Return a copy of this document showing it has been Time stamped, dated, and filed with the filing number recorded into the Court Records. (18 USC 3 and 2071) ) Case No. CI EDMOND R. JESSE and KATHLEEN M. JESSE, ) (Date: pz. M.2 Husband and Wife, ) ' ~J Plaintiff/Distress Demandants ) PLAINTIFF'S DISTRESS AND ) REPLEVIN BOND vs. ) (CASH - $ ) LANCE R. JESSE and SHARON J. JESSE, ) Husband and Wife ) Defendants/Distress Defendants ) The United States Constitution ) Article IV section I ) 42 USC 1986; 18 USC 4, 241 & 242 UNDERTAKING OF PLAINTIFFS/DISTRESS DEMANDANT'S DISTRESS AND REPLEVIN BOND Commercial Combantants ATTENTION: ALL INTERESTED PARTIES TO: Original Case No. CI and all of it's subordinate cases; CI 12-35, CI , CI , CI , CI and any other cases that might yet be invented or created to evade the answering of the Plaintiffs/Distress Demandant's Commercial Affidavits related to these cases. Commercial Choice of Weapons The purpose of establishing a BlockeoVEscrow (Trust) Account is to satisfy the Lawful requirements to Bond the Distress Process, the Replevin Process and all of the other Processes of the Plaintiffs/Distress Demandants, in this and all of the aforesaid cited strategically connected cases. Commercial Conditions of Battle The Criminal Complaints, Consensual Public Commercial Liens, and Cash Bond also fulfill the demand of Article IV I of the Constitution for the United States of America, to provide Commercial Credibility and Commercial Authority for the Commercial Distress Process, Commercial Replevin Process, and all other Commercial Processes being used by the Plaintiffs/Distress Demandants against Public Officials, Officers and Agents of the government. Page 1 of6

2 In Sheridan County Court Case No. CI 11-58, Judge Travis P. O'Gorman engineered and achieved a Massive Impoundment Scheme of the greater than $1,400,000 assets of the Flying W Ranch Inc.: >1. By using the unbridled power of an Equity (Judge Only) Court Office, >2. By using an Unfounded and Non-Bonded Order of the Sheridan County Equity Court to create a Fraudulent Commercial Distress to impound the assets of the Flying W Ranch Inc., for the Officers of the Court, for their own Personal Gain, >3. By appointing Dennis D. King, a Sheridan County State of Nebraska Attorney, to the position of a Distress Enforcement Agent given a pseudo-official Title of "Receiver", to enforce the Equity Judge Travis P. O'Gorman's Fraudulent Commercial Distress. >4. By Ordering Dennis D. King, the "Receiver" to enforce the Fraudulent Commercial Distress, >5. By ordering Dennis D. King to establish a $1,000 in-house Cash Bond with Elosie Kampbell, Court Clerk, to self-bond Dennis D. King's "Faithful Performance of Duties and Responsibilities" as a Distress Enforcement Agent/"Receiver", and thereby create an illusion, which would suggest that Travis P. O'Gorman's Distress Order and Distress were Commercially Legitimate, and thereby avoid the necessary Disclosure of a Commercial Bonding Company and/or the lack of a Commercial Bond on the Distress, [Note: On August 15, 2012 Travis P. O'Gorman, operating as a Hit and Run Judge, exited the scene of the Crime by using an unexplained "recusal"] >6. By using: >A. State Incorporated Sheridan County Courthouse as a Private Business Office, conducting the Business of Theft of Citizens' Property, and >B. the Sheridan County Court Clerk Eloise Kampbell, as a Government Officer operating a Judicial Obstacle Course to prevent filign of Documents not favorable to the Government by Discouraging, Disheartening and Blocking Citizens' Lawful Remedies and Replevins. >C. and employees of the State Chartered Wells Fargo Bank in Alliance, Nebraska, operating to Receive, Harbor and Fence Stolen Property. >D. ALL to act as accessory accomplices, to further facilitate Travis P. O'Gorman's Fraudulent Commercial Distress Process Scheme. With the Distress/Impoundment in place, Judge Travis P. O'Gorman then converted the said Distress of the flying W Ranch Inc. into a scheme of Embezzlement and Theft of the said greater than $1,400,000 of assets, a tremendous Commercial amount in controversy, absolutely justifying a Trial by Jury instead of an Equity, Judge only, process. As this scheme evolved, several Judges, Attorneys, Officers, Agents and other parties became involved in the said scheme, evidently to make a profit from it, and as the Plaintiffs/Distress Demandant's Affidavits exposed them, it became a necessity, for the success of their scheme, to create a series of new cases to draw attention away from, Evade, and thereby Conceal the Affidavit Exposures of Travis P. O'Gorman's Massive Impoundment Scheme, which were being created, hence, the great number of connected Evasionary Cases. The answering of the Affidavits would have exposed the operation of the Embezzlement and Theft scheme, hence, the reason for the evasionary cases Evasion of the Exposure. Page 2 of6

3 Also, the answering of the Plaintiffs/Distress Demandants Affidavits would have compelled major modifications of all of the "Judgments" and "Orders" of all of the Judges who had chosen to be a part of the Embezzlement and Theft scheme. The Plaintiffs/Distress Demandants Blocked/Escrow (Trust) Account The Plaintiffs/Distress Demandants aforesaid Blocked/Escrow (Trust) Account is established for the purpose of guaranteeing the Commercial Liability of the Plainiffs/Distress Demandant's in their placement of Commercial Distresses against the Judicial Bonds, Public Official's Bonds, Public Official Liability Insurance Policies, and the Bar Association Financial Fund Accounts of certain Public Officials, Officers and Agents of the government, who purportedly are engaged in Criminal Behavior, Judicial Fraud, violation of Due Process of Law, and violation of Civil Rights, being committed against the Plaintiffs/Distress Demandants. The Plaintiffs/Distress Demandants aforesaid Blocked/Escrow (Trust) Account is established Recover/Replevin their Property, which said Officials, Officer, and Agents have taken by means of Fraudulent Orders, Judgments, and other Processes. THIS CRIMINAL COMPLAINT BONDED, CONSENSUAL COMMERCIAL LIEN BONDED AND CASH BONDED DISTRESS IS AGAINST ALL OF THE JUDICIAL BONDS, PUBLIC OFFICIAL'S BONDS, PUBLIC OFFICIAL LIABILITY INSURANCE POLICIES, BAR ASSOCIATION FINANCIAL FUND ACCOUNTS, REAL AND MOVABLE PROPERTY AND RIGHTS TO ALL REAL AND MOVABLE PROPERTY OF PUBLIC OFFICIALS AND ACCESSORY ACOMPLICES FOR THEIR CRIMINAL BEHAVIOR, JUDICIAL FRAUD, VIOLATION OF DUE PROCESS OF LAW, AND VIOLATION OF CIVIL RIGHTS BEING COMMITTED AGAINST PLAINTIFFS/DISTRESS DEMANDANTS AND THE PUBLIC CITIZENS, GENERALLY. The Blocked/Escrow (Trust) Account shall remain blocked and in force until all of the Plaintiffs/Distress Demandants Affidavits have been point-by-point Honored, answered, or challenged to the satisfaction of the Plaintiffs/Distress Demandants. It will remain blocked until all of the Affidavit Conditions of Release of the Distress Demandants have been fully met and lawfully complied with. MEMORANDUM The original Case No. CI11-58 was never consummated causing it and all of the successive cases to be Securities Fraud, to which the Governor and Attorney General of the State of Nebraska made themselves party by being unwilling to intervene in behalf of Edmond and Kathleen Jesse after they were informed of the problem, causing the State of Nebraska to become Surety to this Fraud, which now has over $60,000,000 Million Ledgered Civil Rights damages. A Judge's Judgment creates a Lien and a Distress, apparently a Negotiable Instrument, which causes the Judge to enter into Commerce, which causes the Judge, the Court, the County, and the State to have Commercial Liability, which means the Judge, the Court, the County, the State must be bonded. Everyone of these cases is being operated to create Fraudulent Negotiable Instruments by the Court. Page 3 of6

4 The Judges and Attorneys are basically operating a shell game, hiding the pea under one shell after another. Attorney Generals take "NOTICE". Shell Game -Fraud/Deception. Because these cases are being used to collect money, they are all subject to examination by the Securities and Exchange Commission. Now that the Court and Court Actors have entered into the field of Commercial Commerce, they now have Commercial Liability, which is regulated by the Securities and Exchange Commission. hi the District Court of Sheridan and Box Butte County Nebraska Case No. CI12-58, which has never been given a Trial by Jury, therefore, in direct violation Edmond and Kathleen Jesse's Seventh Amendment Right of the Constitution for the United States of America. Equity Trial is inferior to Trial by Jury CHEAT: Swindling; defrauding. "Deceitful practice in defrauding or endeavoring to defraud another of his known right, by some willful device, contrary to the plain rules of common honesty." TOKEN: A sign or mark; a material evidence of the existence of a facts. Thus, cheating by "False Tokens" implies the use of fabricated or deceitfully contrived material objects to assist the person's own fraud and falsehood in accomplishing the cheat. COMMON-LAW CHEAT: The obtaining of money or property by means of a false token, symbol, or device; this being the definition of a cheat or "cheating" at common law. Token Trial or Judgment: One in which the Trial was by Equity, not by Trial by Jury of Peers fully informed in Court of Constitutional Authority and operation. The Judgments in these cases are just "Token Judgments" because of failure to provide for Trial by Jury. An Equity Trial is only a Token Trial/Sign or Mark, because of the deception committed by the Judges and Prosecuting Attorneys. Token Processes can only require Token Cash Bond in Escrow to control the process. This Token Cash Bond is for a Token Trial and/or Judgment. Only Constitutionally Lawful Judgments to be paid and only upon proof, that all Cheating by False Tokens to accomplish the Cheat are stopped. All Court Procedures of the Trial by Jury must be done by Affidavit sworn to be true, correct, materially complete and not misleading under their own Commercial Liability, proving their claims categorically point-for-point. All communication will be by Affidavits because of the Deceptive Language and Deceptive Court Procedures being used by the Judge and Attorneys. Page 4 of6

5 CONDITIONS OF PAY OUT OF THE CASH BOND The Cash Bond will not pay out unless and until Edmond and Kathleen Jesse and Distress Demandant(s) receive a Trial by Jury of Peers fully informed in Court of Constitutional Authority and operation, which then declares Edmond and Kathleen Jesse and Distress Demandant(s) to be Lawful Commercially Liable to the claims against us. Should this be Lawfully accomplished the claims must be by itemized Statement in a structured payment suitable to the defendants conditions of ability to pay without imposing hardship. The Cash Bond shall not pay off unless and until all Nebraska State Constitution and Laws pursuant thereto and all Natural Laws, Commercial Laws, Constitutional Laws of the Constitution for the United States of America and Laws pursuant thereto are fully honored. Definitions are by Black's Law Dictionary 4th Ed. THIRD PARTY CUSTODIAN Box Butte County Nebraska, District Court Clerk, Susan C. Dyer (Hereby appointed Trustee) Third Party Custodian NOW THEREFORE Randall David Due, as principal, does undertake to the above-described Plaintiffs and Defendants and all Court Actors so involved in the above aforesaid cited and related cases in the sum of $1,500 cash bond, represented by a $1,500 Money Order deposited with the Clerk of the Court, Susan C. Dyer, as a Token Cash Bond to satisfy the Lawful requirements to Bond the Distress Process, the Replevin Process and all of the other Processes of the Plaintiffs/Distress Demandants, in this and all of the aforesaid cited strategically connected cases. Notice to Agent is Notice to Principal; Notice to Principal is Notice to Agent Affiant(s) exercise the right to amend this and/or any other document if necessary, in order that the truth be more fully and certainly ascertained and justly determined. /, Affiant, Randall David Due, in the Flesh and Blood in Proper Person, do not consent to be an accessory party to Fraud (18 USC 2, 3 & 4) and/or to the violation of my certain un-a-lien-able Rights, endowed by my Creator and secured by the Constitution, the Bill of Rights, and do not consent to act in violation of the sacrifices of our soldiers who have sworn an Oath to defend this Nation and its Constitution against all enemies foreign and domestic. Further more, I reserve all of my Rights using the UCC (Performance or Acceptance under Reservation of Rights) in relationship to any past and or future action concerning this case. Notice is hereby given. Fraud vitiates all Contracts and is grounds for reversal of all Legal Faults. I, Affiant, Randall David Due, Public Minister, acting in my own proper person certify under my own commercial liability, that I have read the foregoing instrument, and know the content thereof and that to the best of my knowledge and belief the foregoing is true, correct, materially complete, and not misleading. Randall David Due aka Randy Due, Public Minister; Ex. Military (Civil Rights Advocate) acting as a Non-union Lawyer (not a member of the bar association) pursuant to 42 USC 1986 (acting Page 5 of 6

6 with Reasonable Diligence) & 18 USC 4 (Mandate to act), 18 USC 241 & 242 (Protection of the Nation, its Constitution and Civil Rights) Public Minister pursuant to and protected by Public Law , Oct. 21, 1976 Stat [Codified in Title 28 U.S.C 1602 et esq.]; and Public Law 1790, 1 Stat. At L. 117, Ch 9 [Codified in 22 U.S.C. 252]; Public Law 1948, Ch 645, 62 Stat. 688 [Codified in Title 18 U.S.C 112] and Public Law 1871, Ch 22, 6, 17 Stat. 15; [Codified in 42 U.S.C. 1986] 179 Green St. E. Pelham, Georgia Phone:(229) ; FAX: (229) duze24@bellsouth.net Executed this JZ. day of July, in the year of our Lord two thousand thirteen. (Signature of Affiant, Public MmlsterTDistress Demandant "Without Recourse") Sworn to (or affirmed) and subscribed before me this two/thousand thirteen by Randall David Due. t/ Personally Known_ Produced Identification Type and # of ID day of July, in the year of our Lord (Seal) STATE OF GEORGIA ^j / My Commission Expires May 3,2016 (Signature of Notary) (Name of Notary Typed, Stamped, or Printed) Notary Public, State of Gfi CC: To Congressmen of USA, selected media and the Public Page 6 of6