Wednesday, November 27, 2013

Retired Judge Dale has it wrong. Direct Response to Retired Judge Dale’s Post Of November 26 2013 pertaining NDA (contract)

hi John,

Retired Judge Dale has it wrong.

Direct Response to Retired Judge Dale’s Post Of November 26 2013 pertaining NDA (contract)

Who Can Enforce A Contract

Of course, contracting parties can enforce contracts between themselves, as can certain third-party beneficiaries. But, then the questions arise -who is a party to a contract, and what type of third-party beneficiary enjoys the right to enforce? How these questions are answered in practice is very important.

"If the first rule of medicine is 'Do no harm,' the first rule of contracting should be 'Read the documents.''' Villacreses v. Molinari, 132 Cal.ApPAth 1223, 1225 (2005). In Villacreses, the contracting parties agreed "'to have neutral arbitration of all disputes to which it applies....'''But turns out-there was no "it." "[T]he mysterious 'it'...is intended to refer to an arbitration provision that the parties [did not put into the contract]." So, while it was lovely that the parties agreed to arbitrate everything to which their arbitration agreement applied, their arbitration agreement applied to nothing, because there was no arbitration agreement.

Likewise, it is not unusual to receive in discovery, or have attached to pleadings, unsigned, or partially signed "contracts." And someone who does not sign the contract "is not a party to the contract," Turner Gas Co. v. Workmen's Camp. Appeals Bd. 47 Cal. App. 3d 286, 291-292 (1975). This questions the worth of unsigned or partially signed documents on the issue of who can enforce a contract. On the other hand, an unsigned contract or a contract signed by someone other than the party attempting to enforce a contract can be golden in that it can prove who cannot enforce that contract.

Unsigned, or partially signed "contracts." And someone who does not sign the contract "is not a party to the contract," Turner Gas Co. v. Workmen's Camp. Appeals Bd. 47  Cal. App. 3d 286, 291-292 (1975). This questions the worth of unsigned or partially signed documents on the issue of who can enforce a contract. On the other hand, an unsigned contract or a contract signed by someone other than the party attempting to enforce a contract can be golden in that it can prove who cannot enforce that contract.

The law of agency allows an agent, acting within authority, to bind a principal to a contract without binding himself. Civil Code Section 2337. In a 1859 case involving the First African Methodist Episcopal Church, the state Supreme Court observed, "If A says, 'On behalf of B, and for value received by him, I, A, as agent for B, promise to pay C one hundred dollars,' it would seem that this is the note of B." Haskell v. Cornish 13 Cal. 35 (1859). "Where the signature as agent and not as a principal appears on the face of the contract, the principal is liable and not the agent." Lippert v. Bailey 241 Cal.App.2d 376 (1996).

For example, in Carlesimo v. Scheibel, the court observed that had the purported agent "appended the preposition 'by' immediately before his signature, there would be no doubt at all that the contract would have disclosed, on its face, not only that appellant was dealing with the [principal], but that [the alleged agent] was signing as an agent and not as a principal. Where that appears on the face of the contract the [principal] is liable and the agent is not." (87 Cal.App.2d 482, 487 (1948).

"The orthodox rule requires privity of contract between the parties in a [contract] action." Klein v. Duchess Sandwich Co. 14 Ca1.2d 272, 277 (1939); see also Superior Gunite v. Ralph Mitzel Inc. 117 Cal.ApP-4th 301, 317(2004). Privity of contract is rarely defined in cases. Perhaps that is because some leave law school believing "privity" to be a never-ending circle: Privity is the relationship between contracting parties, and the relationship between contracting parties is privity.

The word "privity" is best understood if one knows that it and the word "private" share the Latin root "privus" The American Heritage College Dictionary, 3rd ed.); and, that a common definition of "privity" is: "Knowledge shared with another...regarding a private matter: usually implying consent or concurrence." (Funk & Wagnalls Standard Dictionary Comprehensive, Inte1'11ational Edition.)

Black's Law Dictionary defines privity of contract, as "that connection or relationship which exists between two or more contracting parties." This legal definition, when understood with the foundational understanding of the root privus, and with the lay meaning of privity, is properly recognized as the consensual, private, consideration-supported relationship between parties to an agreement.
In addition, the Uniform Commercial Code has introduced the concept of vertical privity. Under California Commercial Code Section 2314, the implied warranty provision, a plaintiff asserting breach of warrant claims must stand in vertical contractual privity with the defendant. "The term 'vertical privity' refers to links the chain of distribution of goods." Anunziato v. eMachines Inc., 402 F. Supp. 2d 1133, 1141 (C.D. Cal. 2005). 

Last, an intended beneficiary can enforce a contract as a third party. There are two types of such intended beneficiaries, a creditor beneficiary, and a donee beneficiary. City & Suburban Mgmt. Corp. v. First Bank 959 Fed.Supp. 660, 665 (1997). "A person cannot be a creditor beneficiary unless the promisor's performance of the contract will discharge some form of legal duty owed to the beneficiary by the promisee.... A person is a donee beneficiary only if the promisee's contractual intent is either to make a gift to him or to confer on him a right against the promisor." Martinez v. Socoma Cos. 11 Ca1.3d 394, 400-402 (1974). An incidental beneficiary has no right to enforce a contract as a third party beneficiary. Martinez v. Socoma Cos. 11 Cal.3d 394, 408 (1974).

Signed, sealed and delivered: the deed is done; When executing deeds, always remember that what matters most is not signing or dating, but delivery. If you are executing a deed which you do not intend to become fully effective immediately, ensure that you clearly state to the other parties (preferably in writing) any conditions attaching to delivery. In most cases, it will be sufficient for the deed to contain a provision stating that the parties do not intend delivery to take place until they insert the date of the document. At the very least, it can be agreed that a deed executed by one party is sent to the other party on condition that it is held to the order of the first party until both parties agree that it comes into force.

In practice, very similar issues will arise in relation to ordinary contracts; always be clear about when they are intended to come into effect, regardless of signing and dating.

A specific issue can arise in relation to mortgages and charges executed by companies. Particulars of these must be delivered to the Registrar of Companies within 21 days of being created. If they are not, the security is rendered unenforceable against a liquidator, administrator or creditor of the company. In addition, the company and defaulting directors face fines. It is sometimes overlooked that the 21 day period starts to run as soon as the mortgage or charge is executed (if it is not made clear that delivery is not to occur until later), even if this is done in advance of the document being dated.

DEED defined: conveyancing, contracts. A writing or instrument, under seal, containing some contract or agreement, and which has been delivered by the parties. Co. Litt. 171; 2 Bl. Com. 295; Shep. Touch. 50. This applies to all instruments in writing, under seal, whether they relate to the conveyance of lands, or to any other matter; a bond, a single bill, an agreement in writing, or any other contract whatever, when reduced to writing, which writing is sealed and delivered, is as much a deed as any conveyance of land. 2 Serg. & Rawle, 504; 1 Mood. Cr, Cas. 57; 5 Dana, 365; 1 How. Miss. R. 154; 1 McMullan, 373. Signing is not necessary at common law to make a deed. 2 Ev. Poth. 165; 11 Co. Rep. 278 6 S. & R. 311. 11. The circumstances necessarily attendant upon a valid deed, are the following: 1. It must be written or printed on parchment or paper. Litt. 229, a; 2 Bl. Com. 297. 2. There must be sufficient parties. 3. A proper subject-matter which is the object of the grant. 4. A. sufficient consideration. 5. An agreement properly set forth. 6. It must be read, if desired. 7. It must be signed and sealed. 8. It must be delivered. 9. And attested by witnesses. 10. It should be properly acknowledged before a competent officer. 11. It ought to be recorded.

ACKNOWLEDGMENT defined: conveyancing The act of the grantor going before a competent officer, and declaring the instrument to be his act or deed, and desiring the same to be recorded as such. The certificate of the officer on the instrument, that such a declaration has been made to him, is also called an acknowledgment. The acknowledgment or due proof of the instrument by witnesses, must be made before it can be put upon record.

Illinois: Before a judge or justice of the supreme or district courts of the United States, a commissioner authorized to take acknowledgments, a judge or justice of the supreme, superior or district court of any of the United States or territories, a justice of the peace, the clerk of a court of record, mayor of a city, or notary public; the last three shall give a certificate under their official seal.
The certificate must state that the party is known to the officer, or that his identity has been proved by a credible witness, naming him. When the acknowledgment is taken by a justice of the peace of the state, residing in the county where the lands lie, no other certificate is required than his own; when he resides in another county, there shall be a certificate of the clerk of the county commissioners court of the proper county, under seal, to his official capacity. When the justice of the peace taking the acknowledgment resides out of the state, there shall be added to the deed a certificate of the proper clerk, that the person officiating is a justice of the peace. The deed of a feme covert is acknowledged before the same officers. The certificate must state that she is known to the officer, or that her identity has been proved by a witness who must be named; that the officer informed her of the contents of the deed; that she was separately examined; that she acknowledged the execution and release to be made freely, voluntarily, and without the compulsion of her husband. When the husband and wife reside in the state, and the latter is over eighteen years of age, she may convey her lands, with formalities substantially the same as those used in a release of dower; she acknowledges the instrument to be her act and deed, and that she does not wish to retract. When she resides out of the state, if over eighteen, she may join her husband in any writing relating to lands in the state, in which case her acknowledgment is the same as if she were a feme sole. Ill. Rev. L. 135-8; 2 Hill Ab. 455, 6.

Certificate Of Acknowledgement defined: The requirement for acknowledgments on certain documents—such as deeds transferring the ownership of real property, wills giving the ownership of property to a decedent's heirs after death, or documentary evidence that is to be admitted in a legal proceeding—is established by state law. If such documents do not contain acknowledgments, they are ineffective and cannot be used in any legal proceedings.

Any or all of the parties to a document may be required to acknowledge it. Only those persons specified by law, a Notary Public, for example, may take an acknowledgment. Usually, a person making an acknowledgment does not have to explain the contents of the document to the person taking the acknowledgment. A person who ordinarily takes an acknowledgment might be disqualified from doing so if that person stands to gain some benefit from or has a financial interest in the outcome of the transaction. For example, state law requires a person making a will, a testator, to make an acknowledgment to a certain number of witnesses that the document is the genuine expression of how that person wants his or her property disposed of upon his or her death. Suppose the state requires two witnesses. If the people selected as witnesses have financial interests in the person's will, they will be disqualified for purposes of acknowledgment. This is done to deter dishonest people from fabricating a document that is beneficial to them. Such a will is legally ineffective; once the testator dies, his or her property will be transferred according to the laws of Descent and Distribution.

A certificate of acknowledgment, sometimes referred to as the acknowledgment, is evidence that the acknowledgment has been done properly. Although its contents may vary from state to state, the certificate must recite: (1) that acknowledgment before the proper officer was made by the person who completed the document; (2) the place where the acknowledgment took place; and (3) the name and authority of the officer. The certificate may be on the document itself or may be attached to it as a separate instrument. West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc.

Acknowledgment defined: n the section at the end of a document where a notary public verifies that the signer of the document states he/she actually signed it. Typical language is: "State of Texas, County of Deaf Smith: (signed and sealed) On July 1, 1994, before me, a notary public for said state, personally appeared James Fifield, personally known to me, or proved to be said person by proper proof, and acknowledged that he executed the above Deed." Then the notary signs the acknowledgment and puts on his/her seal, which is usually a rubber stamp, although some still use a metal seal. The person acknowledging that he/she signed must be ready to produce a driver's license or other proof of existence, and must sign the notary's journal. The acknowledgment is vital for any document which must be recorded by the County Recorder or Recorder of Deeds, including deeds, deeds of trust, mortgages, powers of attorney that may involve real estate, some leases and various other papers.

“Every contract on a negotiable instrument is incomplete and revocable until delivery of the instrument for the purpose of giving effect thereto. As between immediate parties, and as regards a remote party other than holder in due course, the delivery, in order to be effectual, must be made either by or under the authority of the party making, drawing, accepting, or indorsing, as the case may be; and, in such case, the delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument. But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him, so as to make them liable to him, is conclusively presumed until the contrary is proved.”  


“Any false representation of material facts made with knowledge of falsity and with intent that it shall be acted on by another in entering into contract, and which is so acted upon, constitutes ‘fraud,’ and entitles party deceived to avoid contract or recover damages.” Barnsdall Refining Corn, v. Birnam Wood Oil Co., 92 F 26 817.

THE GREAT AMERICAN ADVENTURE SECRETS OF AMERICA PART 5

THE GREAT AMERICAN ADVENTURE
SECRETS OF AMERICA
[political history, government and law]
By: Judge Dale, retired

PART 5

PREFACE:
I didn’t plan on writing a PART 5 but given the global movement in play too collapse the fiat financial dominance historically created and controlled by the Vatican; European Royal and Elite plus the retaliatory efforts by the United States Corporation to recoup their control of America; I felt a need to point out the flaws in their CORPORATE PROCESS.

You probably identify with this CORPORATE PROCESS as LEGAL PROCESS but it really isn’t about what is legal or lawful because all process is about the enforcement of CONTRACTS or the imposition and enforcement of CORPORATE REGULATIONS called STATUTES.  The best advice you will ever receive is to: AVOID THEIR COURTS WHENEVER POSSIBLE.  There is NO justice to be found in those Courts unless you are a member of the Vatican; the Royal or Elite, or have purchased Diplomatic Immunity! 

THE COURTS:
The only Constitutional Court in America is the International Court of Trades, which was created because no Foreign Nation Government would Trade with the Corporate United States, until they provided a way for these Foreign Nations to enforce their Trade Agreements with America

NOTE: Historically, the World Court was created to provide Nations with a venue to enforce their Trade Agreements but the Corporate United States refused the Courts invitation to participate because they were denied control over the Court. 

All of the other American Courts are pseudo courts or fictions and simply are Corporate Administrative Offices designed to resemble Courts and all of their Judges are simply Executive Administrators designed to resemble Judges. 

The purpose of these pseudo Corporate Courts are only to settle contract disputes and since George Washington’s government was military in structure; if either party refuses to participate, these Courts cannot become involved and the dispute is dead in the water!  My use of the term “dead in the water” is not a canard because these pseudo Courts are unconstitutional Courts of Admiralty, the International Law of the Sea! 

The Washington Monument was completed in 1884, as a tribute to George Washington and his military government, which is actually a sea-level obelisk that infers that all of America is “under water” and thus subject to the Laws of Admiralty as opposed or contrary to the intended Constitutional Civilian Government under Common Law.

The pseudo Judges of these pseudo Courts have NO powers without the Consent of both the Plaintiff and the Defendant.  [AND]  In every case the Judge must determine that he has Consent; Personam and Subject Matter Jurisdiction before he can act or access the Cesta Que Trust

NOTE: All tradable Securities must be assigned a CUSIP NUMBER before it can be offered to investors.  Birth Certificates and Social Security Applications are converted into Government Securities; assigned a CUSIP NUMBER; grouped into lots and then are marketed as a Mutual Fund Investment.  Upon maturity, the profits are moved into a GOVERNMENT CESTA QUE TRUST and if you are still alive, the certified documents are reinvested.  It is the funds contained in this CESTA QUE TRUST that the Judge, Clerk and County Prosecutor are really after or interested in!  This Trust actually pays all of your debts but nobody tells you that because the Elite consider those assets to be their property and the Federal Reserve System is responsible for the management of those Investments. 

Social Security; SSI; SSD; Medicare and Medicaid are all financed by the Trust.  The government makes you pay TAXES and a potion of your wages supposedly to pay for these services, which they can borrow at any time for any reason since they cannot access the CESTA QUE TRUST to finance their Wars or to bail out Wall Street and their patron Corporations. 

The public is encouraged to purchase all kinds of insurance protection when the TRUST actually pays for all physical damages; medical costs; new technology and death benefits.  The hype to purchase insurance is a ploy to keep us in poverty and profit off our stupidity because the Vatican owns the controlling interest in all Insurance Companies.

You may receive a monthly statement from a Mortgage Company; Loan Company or Utility Company, which usually has already been paid by the TRUST.  Almost all of these corporate businesses double dip and hope that you have been conditioned well enough by their Credit Scams, to pay them a second time.  Instead of paying that Statement next time, sign it approved and mail it back to them.  If they then contact you about payment, ask them to send you a TRUE BILL instead of a Statement and you will be glad to pay it?  A Statement documents what was due and paid, whereas a TRUE BILL represents only what is due.  Banks and Utility Companies have direct access into these Cesta Que Trusts and all they needed was your name; social security number and signature.

CRIMINAL LAW:
There are NO Criminal Laws in America because Criminal Laws would imply that the Corporate United States Government are Sovereign that have absolute power over all living, flesh and blood Americans, which of course is not true because a corporation is a fiction and therefore cannot be Sovereign.  Man is Sovereign and is in control of his own destiny and one day he will finally wake up and realize this to be true! 
There is however Criminal Contracts being enforced against us and with our Consent, which are surreptitiously called: Criminal Statutes.  Our Consent has been obtained by them visa vie our silence and failure to act or protest, which under law is defined as: Tacit Procuration.  
                                                                    
(e.g.) Tacit Procuration:  If someone accuses you of theft in writing and you fail to respond or deny those allegations in writing, your failure to deny or act is considered an admission of guilt!  (or)  You receive a Bill for goods or services that you never ordered or received, and you fail to deny those allegations, your omission represents the truth of the matter, which imposes an obligation to pay!  Collection companies frequently use Tacit Procuration to establish indebtedness to them on a discharged debt they had purchased from some corporate business.

“Now you’re probably thinking: No Criminal Laws?  Well, that can’t be true?  A whole lot of people have been tried; convicted and are doing time in American Jails for breaking Criminal Laws!” 

And my response to that is: True, they are in Jail because they unknowingly accepted the Criminal Contract on behalf of their Birth Certificate and consented to be imprisoned as a condition of their conviction and punishment. Their lawyer didn’t help any because he reinforced that situation by and through his Notice of Appearance to represent you.  It is the Birth Certificate that is under arrest, which I will explain shortly!

NOTE:  Criminal Contracts are graded according to the severity of the crime alleged and that grading is identified as either:  Summary; Misdemeanor; Felony or Capital offenses. 

The Criminal Process usually begins with a Police Officer issuing a Citation [or] making an arrest with or without a Warrant [or] the Police Officer [or] County Attorney prepares a complaint based upon a sworn affidavit or an information, which is presented to a Judge and a Warrant is then issued.  The defendant is subsequently arrested and is brought before a Judge for arraignment.

The Complaint and Warrant will reflect your [BIRTH NAME] or identify you as a [JOHN DOE], if your name is unknown, which is typed out in all capital letters!  This is not a mistake on their part because it is your Birth Certificate that is under arrest and not your living, flesh and blood person.  The hope of these pseudo Courts is that the flesh and blood person will be intimidated enough to accept responsibility for the Birth Certificate!  Sounds crazy but nothing is what it seems: “It’s all Smoke and Mirrors.”

Most Police Officer’s do not know or have these details and believe in what they are doing and believe the lawyers who counsel them in law like they are Gods! Big mistake on their part because just like everyone else, they too have been vigorously lied to!  You can’t trust lawyers to be inherently honest!
Police Officers are instructed to always print or type the Defendants Name in capital letters but they are never told the reason why!  As a precaution, you should always carry a copy of your Birth Certificate with you as part of your identification papers, which I will explain in the next paragraph.

At your Arraignment or Trial, the Judge will ask you if you are the named individual [ALL CAPS BIRTH NAME] on the complaint and your natural response will be to answer in the affirmative but that is exactly what you don’t want to do!  

Remove your Birth Certificate and respond to him by stating:  I am making a Special Limited Appearance on behalf of the defendant who is right here and [hold up your Birth Certificate!] 

Then state the following:  As I understand this process Judge; the County Attorney [or] Police Officer has leveled a criminal charge with the Clerk and against the TRUST, using the ALL CAPS NAME that appears on this BIRTH CERTIFICATE!  The use of capital letters is dictated by the US Printing Style Manuel, which explains how to identify a CORPORATION.

The Clerk, who is the ADMINISTRATOR of the CESTA QUE TRUST, then, appointed you Judge as the TRUSTEE for the TRUST and since neither of you can be the BENEFICIARY, that leaves me and therefore you are MY TRUSTEE

So as MY TRUSTEE, I instruct you to discharge this entire matter, with prejudice and award the penalties for these crimes to be paid too me in compensation and damages for my false arrest

NOTE: The Law of Trusts dictates that an Administrator; Trustee and Beneficiary cannot serve two positions in a Trust.  So a Trustee cannot be a Beneficiary too!

The TRUSTEE Judge has no alternative but to honor your demands but you have to get this right and act with confidence!  You really need to know this information well, so that you can’t be hoodwinked or confused by either of them!  They will or may attempt to play some mind games with you if you display any doubt; stammer or display a lack confidence!  Appearances [the pomp and majesty] of these pseudo Courts, is totally for your benefit and is intended to invoke fear and intimidation!  If you show fear or intimidation, you get a pony ride!

NOTE: I’ve seen and heard of Judges and Prosecutors interfering with a defendant’s response, which made the defendant, become confused and he was subsequently committed into a mental hospital for a psychiatric evaluation.  The Judge and Prosecutor successfully twisted what the defendant was trying to say and then the Judge Ordered a mental evaluation. 
Understand that the County Attorney will be forced to pay the Cost of Court out of his own pocket, if the case is discharged, so he isn’t going to give up that easily and the Judge; Clerk and County Attorney, stand to make a pretty penny off of your conviction and incarceration!  So don’t screw it up…

If the County Attorney begins to act too cocky with you, you can take the wind out of his sails by asking him to produce the 1040 for this case?  If he denies the need to do such a thing, inform him that you will be taking care of that for him ASAP [as soon as possible]!  He may move for a discharge at that point because you are a little too dangerous or smart!  The last thing that Prosecutor wants is the IRS examining his files for the last seven years because he makes money on every conviction but he doesn’t pay TAXES on them as a Rule!  He usually only declares the salary he receives.

Also: Should you accidentally find yourself in a mental hospital; the Psychiatrist who is assigned or appointed to evaluate you is just as corrupt as the Judge; Clerk and County Attorney and he will falsify all of your responses to him, just so that you are recommitted back into the mental facility with a review in six months!  So lie to him and deny that you ever made such remarks!  Of course, if you accept the criminal charges against your Birth Certificate, then you will instantly be deemed SANE! 

Sorry that I had to be the one to tell you this but this is how corrupt many of my fellow Judges truly are and it should explain why my conscience caused me to retire early!  Before I learned what was really going on; I believed that my duties and performance were entirely Constitutional.  I was lied too also!


CITATIONS:
The CITATION process can be handled much easier; through the mail.  When a Police Officer issues you a CITATION, he is actually requesting you to CONTRACT with him!  He is alleging that you violated a corporate regulation in writing, which you have accepted by signing and thus requires you to respond.

The Police Officer is instructed to explain that your signature is merely an acknowledgment that you received a copy of the CITATION but in actuality, your signature is notification to the Court and Judge that you have accepted or CONSENTED to this offer to CONTRACT, which also grants the Judge CONSENT; PERSONAM and SUBJECT MATTER jurisdiction over you and the case!

You can cancel that CONTRACT however by rescinding your CONSENT.  The Federal Truth in Lending Act provides that any party to a CONTRACT may rescind his CONSENT, within three business days of entering into such a CONTRACT.  So across the face of the CITATION you should print or type in large print, the following words:

I DO NOT ACCEPT THIS OFFER TO CONTRACT
and
I DO NOT CONSENT TO THESE PROCEEDINGS.
Use blue ink [for admiralty] or purple ink [for royalty].  Admiralty is the Court and Royalty represents your Sovereignty.  Either way is appropriate.  Sign your signature underneath in blue or purple ink and in front of a Notary and under your signature type: Without prejudice, UCC 1-308.  This is another way to declare that you may not be held responsible for this Contract pursuant to the Uniform Commercial Code.

Serve Cancelled Citation back it on the Clerk / Court, along with a Certificate of Service, by Certified Mail, Return Receipt Requested.  This kills the CITATION; removes your CONSENT and removes the JURISDICTION of the Court, all at the same time.  It really is that simple! 

NOTE:  A Certificate of Service is a letter that first identifies the Citation and then defines how and when you returned the document to the Court and is signed.  If not denied, it becomes a truth in commerce by Tacit Procuration.

Remember to keep a copy of everything, in case the Clerk attempts to trash your response, which certainly will not happen with a Certificate of Service or if it is mailed back by the Notary.  The Notary is actually a Deputy Secretary of State and is more powerful than the Court Clerk!  

Public Notaries originate from the time of the Egyptian and Roman Scribes who were the purveyors of certified documents, which are sworn affidavits.  Certified documents and sworn affidavits are truth in commerce.  [e.g.] Birth Certificates are certified documents on bonded paper.  The word bonded is derived from bondage as in slavery, which makes all of us Bond Slaves to whoever retains custody of our original Birth Certificates.  I bet you believed that the Emancipation Proclamation freed the slaves and it did for a short time and then the Birth Certificate and the 14th Amendment enslaved us all!

SUMMONS and LAWSUITS:
The SUMMONS process, weather it is defined a Civil or Criminal Action, is once again an offer to CONTRACT, despite what words are used to command your appearance or response.  It too can be cancelled just by following the same procedure as the CITATION process above.  A million dollar lawsuit is no different than a CITATION and both can be cancelled!  Hard to believe, isn’t it?
Does your lawyer know about this?  You bet he does but he is not permitted to embarrass the Court and besides, Court is where he makes his money!

NOTE: How many of you have ever attempted to avoid Jury Duty?  All you had to do was cancel the SUMMONS [OFFER to CONTRACT]; Notarize it and mail it back to the Jury Commissioner.  Don’t worry, they won’t bother you because you are obviously too smart and may influence their Jury!  The Jury [controls] the Court and not the Prosecutor and Judge and if you know that, they lose and the defendant wins, which is why they prefer only the dumbed down candidates to serve on a Jury. 

There are a few matters or issues that are next to impossible to circumvent or quash because of the depth of corruption within these pseudo Courts, such as child custody and the division of property resulting from a divorce.  The Birth State claims the custody of your children pursuant to the Birth Certificate and records them under the Department of Transportation as a State owned Vessel! 

A marriage is a CONTRACT and all that is required is a PRE-NUPIAL AGREEMENT to complete the marriage but if you are sufficiently indoctrinated to believe that a Judge or Mayor or a Minister or Priest, must join you in holy matrimony and you subsequently applied for a LICENSE; now you both have married the STATE as well!  Now the State is entitled to its fair share of the division of your marital property should the marriage not work out or should you die [called probate]!  Some people might say that a divorce should be included on this list of impossible issues but then they don’t know what I know!

DIVORCE:
An Action in Divorce is a request to break the LICENSED MARRIAGE CONTRACT.  If you desire a divorce and your spouse refuses to consent to a divorce, no State Judge will grant you a Divorce Decree because the Judge has not been granted the CONSENT of both parties!  There is a way around this however, which your lawyer will never admit too because he cannot make any money from giving you truthful or sound advice! 

NOTE: Puerto Rico is a United States Territory acquired from Spain and it still operates under Spanish Law.  This was never changed by the Corporate United States when Puerto Rico became a US Territory, so first you need to fly to Puerto Rico.

Once in Puerto Rico, you can establish residency by simply opening a Post Office Box for a period of three days.  Just after opening the Post Office Box, hire a local Paralegal to prepare an Action in Divorce for you.  The Paralegal will file the divorce petition immediately, which is generally a certified form document and it will be heard by a Puerto Rican Judge within three days. 

Under Spanish law, your spouse is not required to be served the divorce petition; only the divorce decree.  Five days after the Decree, your former spouse will receive the divorce decree in the mail, written entirely in Spanish, which cannot be contested and must be honored by all US Federal and State Courts! 

NOTE:  Immediately after the Puerto Rican Judge declares you divorced, if you choose, you can marry again by Contract or by License.  Both are legitimate, but no one will ever tell you that!

The division of marital property and custody of children is a much more complicated issue but at least the divorce cannot be utilized as leverage against you to divide up your property, less than proportionately, which is exactly why American Judges will not bifurcate the issues involved in a divorce. [e.g] Divorce; division of property; custody; support and alimony.  The hope is that your desire to obtain a divorce is worth more too you than anything else you own, now or in the future!

FORECLOSURE:
If you are involved in a FORECLOSURE or you are thinking about filing for BANKRUPTCY protection to buy you more time, instead of trying to defeat the corrupt Bank and your Creditors in a State or Federal Court, where the cards are certainly stacked against you, plan to file for BANKRUPTCY and do it this way, too insure that you come out on top!

All BANKRUPTCY FORMS are printable; can be obtained on line and they can be completed in longhand with an ink pen.  The Forms to use are:  B-1 through and including B-8.  You only need to prepare and file the first five or six pages to obtain a Case Number and then you must sit through a Credit Counseling session, which can be done all in a day.  When you are completely finished with preparing your petition, you should have filed about 58 pages in total and the filing fee is around $280.00.

Here’s the reason for using the Bankruptcy Courts: 
List all your debts on one schedule and when it comes to listing your assets include your BIRTH CERTIFICATE and its CUSIP NO.  The value of the Mutual Fund Investment for your Birth Certificate can also be found on line using the Cusip Number under Fidelity Investments.  You will discover that it is worth multi-millions but you must have the CUSIP NO. on your asset schedule or the Birth Certificate will be discharged as frivolous by the JUDGE or the TRUSTEE.

The Bankruptcy Judge will then appoint a LAWYER TRUSTEE to dissolve the Mutual Fund Investment; pay off your debts and the balance must be paid to you!  This procedure usually attracts the attention of the (DOJ) Department of Justice because they don’t want the LAWYER TRUSTEE to screw up and short change the Vatican; the Federal Reserve and the Corporate United States and so they tend to warn or threaten the LAWYER TRUSTEE to be very careful! 

Most of these Mutual Fund Investments usually involve a group of between 10 to 25 Birth Certificates and so only a fraction of that Mutual Fund belongs to you!  The Bankruptcy Judge will not certify the final disposition until the LAWYER TRUSTEE can prove his math and every aspect of his work because the Judge inherits responsibility for the Trustee’s errors, if he made any!

After the first LAWYER TRUSTEE resigns, you can probably cut a deal with the DOJ or you can proceed on with the same Bankruptcy proceeding and the newly appointed LAWYER TRUSTEE!  Now isn’t that easier and better than attacking or defending yourself against the Bank and a bunch of greedy Creditors; knowing full well that the cards are stacked against you because of the Vatican and the Federal Reserve System?
    
While you are in Bankruptcy, you are protected.  No one can proceed against you for any debts or foreclosure, as long as you have a bond or sufficient assets; the Birth Certificate guarantees that aspect and while in Bankruptcy, you won’t have to pay on any of those past debts! 

Your debts will eventually be discharged and the balance of the Trust Fund is to go into your pocket!  It’s a WIN, WIN situation any way your shake it and the Vatican; Government and Bank loose the Trust Fund assets they planned to steal from you all along!

NOTE: There is a process to follow to determine your CUSIP NO [or] you can ask a Stock Broker friend to help you [or] hire a Broker on the side to assist you.  There are people in the Patriot movement who also know how to apply the formula, which converts your Birth Registration Number and or Social Security Number into a Cusip Number.  I paid to have mine done and discovered that I am worth about 167 million.  It’s all FIAT money but as long as it can be spent, who cares?

I hope that this entire expose’ has enlightened and elevated your personal knowledge and will benefit you now and in the future.  Pax vobiscum (Peace be with you).

End


The Purpose of the NDA is Beginning to Come to Light!!!

Subject: Update on the NDA and the Judge Dale Post



The Sedona Connection
 with Dave Schmidt



November 26, 2013


Update on the NDA!!!


The Purpose of the NDA is Beginning to Come to Light!!! 
Many of you have written to me with your questions, comments, or concerns regarding a recent posting via a person named Judge Dale and the nondisclosure agreement (NDA).  
So I thought it would be best to draft a single response.
Before I comment on Judge Dale allow me to make a pre-cursory statement on the NDA.  
As many of you know I spent 12 years in the Washington State legislature so I'm very familiar with drafting bills, passing laws, implementing laws, working with attorneys, and understanding the due process of law with the courts.  
The jury is still out on the NDA's effectiveness and implementation.  As more information is becoming available its foolishness, impracticalness, unenforceability, unfairness and unconstitutional application is beginning to be exposed.  Some of the statements are just downright stupid and ludicrous to think they can come anywhere close to being real.  
Statements have been made that the NDA is going to be applied to every currency in every country around the world.  I'm sorry, but TNT Tony needs to get his head screwed on, his thinking cap adjusted and start asking how it's going to be imposed.  His statement implies all of the 198 currency countries in the world have gotten together, agreed to this NDA and imposed and passed laws within their countries to make it be internationally enforced.  
There are no such standards on an international basis to impose this in all of the banks around the world.  Now maybe he made a misstatement and is thinking this may only apply to the four currencies being dramatically revalued.  But, this goes against international foreign exchange policies and makes it almost impossible to exchange any of these currencies in their current conditions.  Rates change on a day by day basis on all of the currencies on the foreign exchange.  Why should you all a sudden need to sign an NDA for currently traded currency that has only changed its value. 
I think the truth about the NDA is beginning to be exposed based on the comments from Mountain Goat's post on November 25th. Based on her statements certain high powered officials and dignitaries have already exchanged their dinar and dong and been paid out.  They have violated over 20 laws of foreign exchange rules, SEC regulations and our subject to finding themselves going to prison should this be disclosed.  It is obvious they are trying to cover this up, keep this quiet as possible, and save themselves from being prosecuted in spending years in prison. 
It appears the NDA is their effort to cover their rear ends from violating the law by receiving special treatment and money compensations in contrast to the rest of us.  In my opinion it's high elected and government officials trying to impose their power on the rest of us by keeping us in fear and trepidation so they won't have to go to jail.
Now, to the posts by Judge Dale, I think it may be another attempt from the other side to keep us silenced, in fear, or keep us from exchanging our dinar and dong.  Here's the link to his article
Here is what concerns me regarding his statements.  
1.       His statements seem to raise more questions than they answer.  While his issues may seem to be plausible and seem credible because he uses the title of judge, they have a number misstatements.
2.      My primary concern is his lack of true identity.  He uses a title with only a first name.  Anybody can do this and sound official, but he has made a statement that has huge implications and dramatic consequences for not only many individuals, but also the direction of our country.  He in essence is saying the United States is becoming a fascist government.  He is implying a government that is rapidly on its way to becoming like NAZI Germany.  Someone who is willing to make that strong of a statement should back it up with their full name, what type of the judge they are, where they have practiced, and further credentials.  His unwillingness to do so implies this is very likely another attempt to create fear, confusion and chaos in the process.
3.      For a while TNT Tony was reporting he was the only one that knew the contents of the NDA.  Judge Dale is making quotes in statements as though he is familiar with its contents.  If that is the case then he should tell us how he received it, from whom he received it and post it for all of us so we can be prepared to make a good decision.  His unwillingness to do so reflects more posturing of keeping us in the dark and confused vs. truly want to help us through this process. 
4.      Any judge should be able to see the NDA is unconstitutional, violates international exchange laws, is totally unenforceable and has tons of loopholes to bypass its intent.  That being the case he should know that a single Federal Judge could overturn this agency intent and rule it totally "out of order."  His refusal to even admit those issues makes me question his reliability to being a true and unbiased judge.  
So right now it's hard to make a qualified statement from his comments.  It's filled with enough statements of truth, filtered with other misstatements that it creates more confusion and questions than practical reality.  
I want to give this some more time and see how it develops, as there are just too many inconsistencies in his statements at this time.  
Here's an analysis I have as of now:  
If his statements are true, the United States is rapidly on its way to becoming a fascist government.  It means the cabal has become more powerful, more greedy, and more in control of our world and environment than ever before.  It means the "light" has dramatically lost ground to the darkness of an evil world.   
I don't believe that is happening.  I think we are moving into a new Golden Age as our human race is evolving in its consciousness and progressing beyond the old paradigms of fear, domination, and the continual killing of wars.  The paradigm Judge Dale presents sends us backwards and deeper into an old dark evil world.  I believe we are growing out of that type of an environment and into a world of more love and light.  
I will watch his statements, but as of now I'm not giving much credibility to what he has said.  It's filled with too much fear of the fascist government that is attempting to totally control and dominate our lives and shut out the light of divine guidance.  
His statements go in direct opposition to where I believe we are moving and why we are being given the opportunity to participate in this currency exchange and Reval.  Our purpose is to expand the world with love, compassion, light and giving hearts.  Our purpose is to take our millions of dollars and make a total change from the old paradigm of greed, fear and power to one of love and light filled with giving and abundance.  His analysis just doesn't take us there, it takes us into a dark evil and fearful world.  
So I'll be watching this more but right now I think it's just another attempt to keep us in fear and control.  
Blessings!!!  Dave

The Newsletter Format!
The colors we're using are very unique to my home; Sedona.  This is called the Red Rock Country.  The rocks in the mountains are various colors of red and burnt orange.  The area is also a part of the Verde Valley; verde being translated "green" in Spanish.  You can see why I have chosen these colors, they reflect this wonderful, beautiful and magical place I call home.  After all, it is a reflection of "The Sedona Connection."

Thanks again,
 Dave 

  
Connections and General Information  
All of my newsletters and announcements can be found on my blog site:  www.thesedonaconnection.wordpress.com.

Each week I expound on these issues with my weekly radio program.  You are always welcome to call in with you comments and questions.
  
Its found on blog talk radio with the same name; The Sedona Connection.  The program airs live on Wednesday evenings at 6pm PT.  All programs are archived and can be listened to on the internet or downloaded to an MP3 player at any time. Here is the link:  http://www.blogtalkradio.com/the-sedona-connection.

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Thank You,
Dave Schmidt
The Sedona Connection
 

The Sedona Connection | | thesedonaconnection@msn.com |  P. O. Box 21603 Sedona, AZ 86341



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Unprecedented concentration of sea creatures near shore in California; Experts baffled

Unprecedented concentration of sea creatures near shore in California; Experts baffled
Posted By: RumorMail [Send E-Mail]
Date: Wednesday, 27-Nov-2013 00:56:00

Experts baffled, longtime residents astounded — Biologist: “It’s a very strange year… The $64,000 question is why?” — Similar to ‘extraordinary’ events seen recently along Canada’s Pacific coast?
New York Times, November 24, 2013: It began with the anchovies, miles and miles of them [...] in the waters of Monterey Bay. Then the sea lions came, by the thousands [...] the pelicans [...] bottlenose dolphins [in groups of 100 or more have been spotted] [...] But it was the whales that astounded even longtime residents — more than 200 humpbacks [...] and, on a recent weekend, a pod of 19 rowdy orcas [...] the water in every direction roiled with mammals [...] For almost three months, Monterey and nearby coastal areas have played host to a mammoth convocation of sea life that scientists here say is unprecedented in their memories [...] never that anyone remembers have there been this many or have they stayed so long [...] Last month, so many anchovies crowded into Santa Cruz harbor that the oxygen ran out, leading to a major die-off. Marine researchers are baffled about the reason for the anchovy explosion. [...]
Baldo Marinovic, research biologist at the University of California, Santa Cruz: “It’s a very strange year [...] The $64,000 question is why this year? [...] Now [the anchovies are] all kind of concentrating on the coast.”
Just a few weeks ago similar sightings were reported along Canada’s Pacific coast:
Vancouver Sun, Nov. 6, 2013: An extraordinary string of recent whale encounters around Vancouver Island is likely due to luck, not one factor, experts say. “This has not been a typical year,” said John Ford, head of the cetacean research program at Pacific Biological Station in Nanaimo. [...] The “biggie” of the bunch is the endangered North Pacific right whale, spotted twice in B.C. waters for the first time in 60 years. [...] There have been other remarkable whale encounters [...] passengers aboard the B.C. ferry between Galiano Island and Tsawwassen were treated to the sight of a superpod of about 1,000 Pacific white-sided dolphins [...]
Nick Claxton, Indigenous academic adviser at the University of Victoria: Recent whale encounters could have a deeper meaning, according to an Indigenous worldview [...] “We see them as our relatives, as ancestors. All of these occurrences remind us of our place here and our connection to the natural world. It’s for the better of all of us to listen.”
Indigenous leaders have recently been attempting to get the world listening: Yale: Chief Arvol Looking Horse at U.N. to speak about Fukushima crisis and threat to future of humanity -- 2001 Quote: "Contamination of our food and land now affecting way we think... disease of the mind has set in World Leaders... faced with chaos, disasters, diseases... end of life as we know it"?
http://www.rumormillnews.com/cgi-bin/forum.cgi?read=292973