LEGAL AND LAWFUL NOTICE AND DEMAND TO VACATE AND DISMISS WITH PREJUDICE JANUARY 4, 2013 CONTEMPT HEARING

Transcription

1 District Court Larimer County, Colorado 201 LaPorte Avenue Fort Collins, Colorado Jeffrey R. Pappenheim v. and Jaden 305 West Magnolia Street #282 COURT USE ONLY Case Number: 11 DR 444 Stephen J. Schapanski, Chief Judge Carolyn B. Pannell, Magistrate Division Courtroom LEGAL AND LAWFUL NOTICE AND DEMAND TO VACATE AND DISMISS WITH PREJUDICE JANUARY 4, 2013 CONTEMPT HEARING Now comes, mother of Jaden, being of sound mind and body and possessing total natural and constitutional rights, to legally and lawfully notice Carolyn B. Pannell (attorney registration number 25515) and her supervisor Stephen J. Schapanski (attorney registration number 5908), and to demand that the contempt hearing scheduled for January 4, 2013, be vacated and dismissed with prejudice. BACKGROUND AND FACTS ON RECORD The official written record contains official court transcripts and official court documents. Those transcripts and documents will prove the truth of these enumerated facts. The official transcript from the hearing on November 9, 2012, is included here as proof of the outrageous malfeasance and misconduct perpetrated by Carolyn B. Pannell. 1. On November 9, 2012, Carolyn B. Pannell conducted a hearing on the record in 11 DR 444. The purpose of this hearing was to financially penalize and sentence her to jail for 120 days. 2. On November 19, 2012, filed with the clerk of court a proper legal and lawful Sworn Affidavit: Notice of Correction to Carolyn B. Pannell s (Magistrate) Minute Order Dated 11/09/ On September 13, 2012, a legal and lawful order to void judgment was presented in open court and filed with the clerk of courts. 4. On September 13, 2012, Julie Kunce Field held an illegal and secret hearing in case number 11 DR 444 without s knowledge. Julie Kunce Field lied about the Larimer County Sheriff s Office involvement in that secret hearing. Julie Kunce Field lied about the Larimer County Justice Center s security personnel involvement in that secret hearing. 5. On December 13, 2012, a legal and lawful motion for recusal of Julie Kunce Field was presented to the clerk of courts and served to Stephen J. Schapanski CONTEMPT HEARING December 28, 2012 Page 1 of 5

2 On December 20, 2012, a legal and lawful motion to compel a ruling on the motion for recusal of Julie Kunce Field was presented to the clerk of courts and to Stephen J. Schapanski. 7. On December 20, 2012, a legal and lawful motion to compel a signature on the void judgment was presented to the clerk of courts and to Stephen J. Schapanski. 8. did not enter into a contract with either Jeffrey R. Pappenheim or Amy Antomarria. All legal and financial responsibilities and liabilities for any and all debts between those two private individuals rest with those who voluntarily entered into those contracts. 9. and Jeffrey R. Pappenheim did not at any time enter into any contract. 10. Non-consent to magistrate (JDF 405) is on record in case number 11 DR 444. Magistrates do not have discretion to ignore non-consent when this legal and lawful form is on record. Judges do not have the legal or lawful right to ignore the right to non-consent to a magistrate. VIOLATIONS AND IMPROPRIETIES BY CAROLYN B. PANNELL 1. Carolyn B. Pannell knowingly acted in violation of non-consent to magistrate (JDF 405). 2. Carolyn B. Pannell intentionally acted in violation of s due process of law by scheduling an illegal and invalid hearing for contempt. 3. Carolyn B. Pannell intentionally acted in violation of a permanent order. 4. Carolyn B. Pannell intentionally acted in violation of a valid void judgment that nullifies the permanent order. 5. Carolyn B. Pannell willfully refused to acknowledge the United States Constitution and the Colorado Constitution by insisting to continue an illegal and unlawful hearing. LEGAL AND LAWFUL DEMANDS Based on the above verified facts, Carolyn B. Pannell, active attorney acting as Magistrate, is hereby required through her legal duties, her lawful responsibilities, and her sworn oath to honor and protect the United States Constitution, operating in her capacity underneath the supervision of Stephen J. Schapanski, Chief Judge, shall take the following actions forthwith: 1. Dismiss with prejudice any and all contempt proceedings against in case number 11 DR Honor her oath to obey her supreme rule book, also known as The United States Constitution. a. Her sole legal commitment and lawful requirement is to secure and protect s rights. LEGAL AND LAWFUL NOTICE Notice is hereby given of s intent to sue Carolyn B. Pannell under the authority of the United States Constitution, the Colorado Constitution and the Colorado Governmental Immunity Act CONTEMPT HEARING December 28, 2012 Page 2 of 5

3 SUMMARY Carolyn B. Pannell took a recess on November 9, 2012 when informed her that Pannell lacked the required knowledge to hear the case in front of her. Pannell s initial ignorance of the facts in case number 11 DR 444 is plausible due to the relentless lies and fraud that Jeffrey R. Pappenheim, Amy Antomarria, Susan Bartlett, Elizabeth Seaboch, Julie Kunce Field, and others, have entered into the record. After the recess concluded, Pannell denied that she consulted with a superior. And then Pannell did admit that she consulted with someone whom she refused to identify, in spite of the fact that she initially denied discussing the case during the recess. When Pannell returned to the courtroom, she appeared to be under threat, coercion, or was forced to proceed. Even so, after she was informed of the facts in case number 11 DR 444, she willfully continued the illegal contempt proceedings. Pannell refused to dismiss the case, even though she knew that dismissal was the only legal, lawful and just remedy to be served to. Collusion to commit fraud by the court is evident here, ignorance of the law is inexcusable, and Carolyn B. Pannell had every opportunity to act legally and lawfully. She refused. CONCLUSION Should Carolyn B. Pannell proceed with the contempt hearing against Stacy Lynne on January 4, 2013, Pannell s intent to commit fraud, to act illegally, and to behave unlawfully, will be proven through her own actions. Government employees are liable for their actions and are they not immune from prosecution by the people when the people have been egregiously violated by abuse of power, abuse of discretion, abuse of the law and abuse of the legal process. Gross incompetence was demonstrated by Carolyn B. Pannell on November 9, 2012 during open court. Reckless endangerment of s life and Jaden s life was shown by Carolyn B. Pannell on November 9, 2012 during open court. The official court transcript from November 9, 2012, the sworn affidavit of correction to Pannell s minute order filed on November 19, 2012, and this notice and demand that is being filed on December 28, 2012, is the written record that verifies the truth of Pannell s reckless and wanton disregard for the law. is a law-abiding woman. has never failed to appear. has never violated a court order. Jaden was safe, secure, healthy and whole prior to December 21, Jaden is being abused by Jeffrey R. Pappenheim and Julie Kunce Field and Stephen J. Schapanski and others. Jaden was illegally, unlawfully, and viciously raped by Julie Kunce Field on December 21, 2011, when she ordered Jaden to be stripped of his entire world and then forced him to live with an abuser. and Jaden are being abused by Jeffrey R. Pappenheim, an abuser who is on official record proclaiming that he is going to use the courts to teach Stacy some more lessons. Using the courts to perpetuate child abuse and domestic violence is a crime CONTEMPT HEARING December 28, 2012 Page 3 of 5

4 I,, am a woman possessing all natural and constitutional rights, and being of sound mind and body, do swear under penalty of perjury that I have read the foregoing LEGAL AND LAWFUL NOTICE AND DEMAND TO VACATE AND DISMISS WITH PREJUDICE THE JANUARY 4, 2013 CONTEMPT HEARING. The statements set forth therein are true and correct Date: December 28, West Magnolia Street # Subscribed and sworn to before me in the County of Larimer, State of Colorado, this 28 th day of December, My Commission Expires: Notary Public 2013 CONTEMPT HEARING December 28, 2012 Page 4 of 5

5 CERTIFICATE OF SERVICE I certify that a true and accurate copy of the LEGAL AND LAWFUL NOTICE AND DEMAND TO VACATE AND DISMISS WITH PREJUDICE THE JANUARY 4, 2013 CONTEMPT HEARING has been served to: 1. Clerk of Courts, via hand-delivery to 201 LaPorte Avenue, Fort Collins, Colorado 2. Stephen J. Schapanski, Chief Judge, via hand-delivery to 201 LaPorte Avenue, Fort Collins, Colorado 3. Carolyn B. Pannell, Magistrate, via hand-delivery to 201 LaPorte Avenue, Fort Collins, Colorado 4. Larry Abrahamson, District Attorney, via hand-delivery to 201 LaPorte Avenue, Fort Collins, Colorado 5. Amy Antomarria, attorney for Jeffrey R. Pappenheim, via US Mail: th Street, Greeley, Colorado Larimer County Commissioners: Tom Donnelly, Steve Johnson, Lew Gaiter, via hand-delivery to 200 West Oak Street, Fort Collins, Colorado 7. City of Fort Collins: City Manager Darin Atteberry, City Attorney Steve Roy, Mayor Karen Weitkunat, Councilors: Poppaw, Horak, Manvel, Kottwitz, Troxell, Ohlson, via hand-delivery to 300 West LaPorte Avenue, City Hall, Fort Collins, Colorado 8. Larimer County Sheriff Justin Smith, via hand delivery to 2501 Midpoint Drive, Fort Collins, Colorado Fort Collins Police Department Chief John Hutto, via hand delivery to 2221 Timberline Road, Fort Collins, Colorado Judi Terzotis, Publisher, via hand-delivery to The Fort Collins Coloradoan 11. Joshua Awtry, Executive Editor, via hand-delivery to The Fort Collins Coloradoan 12. And others. December 28, West Magnolia Street, # CONTEMPT HEARING December 28, 2012 Page 5 of 5