IN
THE UNITED STATES DISTRICT COURT
WESTERN
DISTRICT OF ARKANSAS
___________________DIVISION
Sarah
Marie Chermak
18360
Hwy 281
Lead
Hill, Arkansas
870-436-3508
vs.
Christopher
Carter
110
East Rush
Harrison,
Arkansas
870-741
7592 Civil Action No__________
Ron
Kincade
110
East Rush
Harrison,
Arkansas
870-741
7592
John
Thurston
Capitol
Building
109
State
Little
Rock, Arkansas
501-324-9422
Dustin
McDaniels
323
Center Street, Ste 200
Little
Rock, Arkansas
501-682-2007
July
4, 2014
BRIEF
United
States District Court for the Western District of Arkansas has
jurisdiction over Constitutional matters. Arkansas and Boone County
by and through its officers: Kincade, Thurston, Carter, and McDaniel
have wantonly violated their jurisdiction and authority, the
Constitutions of the U.S. and Arkansas. These people have willfully
used their corresponding offices in stealing my property from me, and
converted my title. In accordance with Title 18 the damages for
Denial of Due Process in this matter is $250,000 per person per count
and $500,000.00 per office used to carry out the Denial of Due
Process: $3,000,000.00; Civil Racketeering is $3,000,000.00 per
count. I will accept treble the amount, $18,000,000.00 as is
possible in civil matters. Plus any other compensation that this
court deems equitable in this matter.
Sarah
Marie Chermak
18360
Hwy 281
Lead
Hill, Arkansas
870.436.3508
UNITED
STATES FEDERAL COURT FOR THE WESTERN DISTRICT OF ARKANSAS
PLAINTIFF
Chermak,
Sarah Marie
Boone
County
DEFENDANTS
Civil Action #____________________
Carter,
Christopher,
personal
capacity and
Boone County Deputy Prosecuting Attorney
Boone
County, Arkansas
Ron
Kincade
personal
capacity and
Boone
County Prosecuting Attorney
Boone
County, Arkansas
Dustin
McDaniel
personal
capacity and
Arkansas
Attorney General
Little
Rock
John
Thurston
personal
capacity and
Commissioner
of State Lands
State
of Arkansas, Little Rock
__________________________________________________________________________
Christopher Carter, hereinafter Carter, accepts your jurisdiction on this matter as evidenced by Carter's document dated February 8, 2010, “. . . you must file a suit in the Circuit Court of Boone County or you certainly have a right to file a suit in the United States Federal Court of the Western District of Arkansas”. Carter is a representative for Ron Kincade, hereinafter Kincade and also Boone County, Arkansas. This Court has jurisdiction over all matters which violate the Constitution of the United States. Arkansas is in agreement with the last statement as all States in the Union agreed to the Original U.S. Constitution thus binding this court to the Organic Constitution and enforcement of all violations against this oath and agreement. Title 28 U.S. Code § 1331 The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States. We are not accessing the corporate facet defined under Title 28 USC 3002. This is an issue of Title.
I
reserve the right to correct all fatal flaws at any time.
- I, Sarah Marie, Chermak, stand on the unalienable right to be heard promptly and without delay of any kind. That justice in this matter must not be bought at any price for wrongs committed by those people in government offices as men and women in all levels of government may not use those offices for personal agendas or delay redressing of wrongs committed by officials.
- “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on application of the legislature, or of the Executive (When the legislature cannot be convened), against Domestic Violence.” Article VI Section 4
- A Republican Form of Government does not allow or support officials using their positions to force me to comply to a Fee Simple Title. A Republican Form of Government does not allow for Kincade, Carter, Dustin McDaniel, hereinafter McDaniel, and John Thurston, hereinafter Thurston, to convert my lawful property title. Document dated March 8, 2013
- When officers violate the Constitutions, they cease to represent the government. In this instance, Carter, Kincade, Thurston, and McDaniel are acting against the Republic of the Federal as well as the State governments to force me to relinquish my rights to my private property where they have no authority to do so as evidenced by their actions refusing to bring any claim against me into a court of law. .
- Arkansas Constitution 13. Redress of wrongs. Every person is entitled to a certain remedy in the laws for all injuries or wrongs he may receive in his person, property or character; he ought to obtain justice freely, and without purchase; completely, and without denial; promptly and without delay; conformably to the laws. Constitution dated 1874.
- Number 5 unequivocally supports my right to be in a court of law without being charged as Carter, Kincade, Thurston, and McDaniel as government people created this problem; they can pay for it.
- Carter, Kincade, Thurston, and McDaniel have created a hostile situation wherein they are violating the judicial process to forever ruin me financially knowing I am not an attorney, no attorney will aid my cause, and they have the power to manipulate the time and money until they figure out how to make my position unbearable. This is evidenced by the time frame currently abused by these people in this matter.
- Arkansas Constitution 29. Enumeration of rights of people not exclusive of other rights - Protection against encroachment. This enumeration of rights shall not be construed to deny or disparage others retained by the people; and to guard against any encroachments on the rights herein retained, or any transgression of any of the higher powers herein delegated, we declare that everything in this article is excepted out of the general powers of the government; and shall forever remain inviolate; and that all laws contrary thereto, or to the other provisions herein contained, shall be void. Constitution dated 1874
- Kincade, Carter, Thurston, and McDaniel have used and are continuing to use their perceived authorities to encroach upon the Law of the Land and to interpret the Law of the Land in favor of their political offices even in direct defiance of the legislature. Document dated June 22, 2011 [Alix Stephens]
- Carter, Kincade, and McDaniel have full knowledge that the law so states I have the right to an Allodial Title, a Perfect Title, a Record of Clear Title if I so choose as the Arkansas Constitution so declares: “Arkansas Constitution 28. Tenure of lands. All lands in this State are declared to be allodial; and feudal tenures of every description, with all their incidents, are prohibited.” Constitution dated 1874
- All land which constitutes Arkansas was granted directly from the then Federal government to men and women. The State of Arkansas was not a party to the Louisiana Purchase or the granting of the land.
- If a Fee Simple Title was the equivalent of an Allodial Title, there would be no problem with me having said Allodial Title or Record of Clear Title, of Perfect Title as any title of my choosing does not hurt the county or state.
- Kincade, Carter, and McDaniel nor any other political entity has any right, power, authority, or jurisdiction to interfere with that which they did not have an original claim to in the first instance. The granting is done, completed, and final. I asked the county Board of Equalization, “Who has the Absolute Title to property in Arkansas?” their reply was verbatim, “We don't know. Fee Simple is the best we can give.”
- Kincade, Carter, and McDaniel's acts to convert my title to that of fee Simple without the backing of law is a feudal position in violation of an Allodial title and the Constitution.
- Alix Stephens, Arkansas Legislative Attorney, hereinafter Stephens, stated for all to know that Arkansas Law does not expressly forbid an Absolute Title to private property. Document dated June 22, 2011
- Alix Stephens so stated, “Based upon my research, the Arkansas statutes do not expressly forbid a conveyance of absolute title to a purchaser of land. The question can best be answered by the language used in the deed. An estate of fee simple will be presumed to be conveyed unless that estate is expressly limited by words in the deed. .If the word “quitclaim,” or any words other than statutory words “grant, bargain, and sell,” appear in the granting clause of the deed, the presence of the other words, if inconsistent with statutory words, will prevent conveyance from conveying title in fee simple.” Document dated June 22, 2011
- The Legislative Attorney's job is to know the Legislative Law and history. This position trumps Boone County Prosecuting Attorney's position and the Executive branch. Without the Legislative branch, no other state or local official has a job.
- I completely relied upon Stephens' statements as it is her job to not mislead someone that is relying upon her expertise. I know she is stating the truth about my land Title.
- Carter, Kincade, McDaniel do not have the power, the authority, or the position to call Alix Stephens a liar or to supersede her position and statements.
- A Republican Form of Government does not allow or support denial of due process, theft by deception, abuse of power under color of law, denial of proper courts, denial of Constitutional provisions. Etc.
- Both Constitutions created the political branches of government for which all elected men and women must adhere to without hesitation. Violation of the oath equates with violation of the Constitution.
- Arkansas Constitution 2. Freedom and independence. All men are created equally free and independent, and have certain inherent and inalienable rights; amongst which are those of enjoying and defending life and liberty; of acquiring, possessing and protecting property, and reputation; and of pursuing their own happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed. Constitution dated 1874
- The Administrative Procedure was followed to the proper Boone County officials with no response and no rebuttal from any potentially opposing party/office. Kincade and Carter had full knowledge. Documents dated December 28, 2009; January 8, 2010; January 27, 2010; Harrison Daily Times: 10/26/2010; 11/2/2010; 11/9/2010
- Carter and Kincade made no rebuttal, not a peep, until after the entire process was completed. Then Kincade's office tells Carter's office to “take care of this,” and “Chris – if it's you or me, I assume you want it to be you that “takes care if this.” Interoffice memo. Document dated November 14, 2010
- Carter stated, “the prosecutor's office, by statute, serves as the Boone County Civil Attorney.” Carter waited until two years later to set his position as being able to address civil matters for Boone County. Deception. Document dated August 27, 2012
- Carter and Kincade knew that the prosecutor's office and Boone County had no claim against my title as he never filed a lawsuit in any court to challenge my title.
- Carter stated in response to a FOIA, “We have never received a request to seek charges against you or your property therefore we have nothing to provide to you. Document dated July 24, 2013
- Carter states Title and property are civil matters. Document dated August 27, 2012
- Carter never complied with any civil procedure to bring a claim against me for having a better title than Fee Simple to any court of law which evidences his lack of claim now to have this matter dismissed at any level in proceedings.
- Law enforcement never submitted any civil or criminal matter regarding my title to private property to the Boone County Prosecuting Attorney's office.
- Carter stated “'All proper parties have been Noticed as per the law. All defects are cured,' is a finding or statement that may be made only by a Circuit Judge after an action is filed in Circuit Court, That has not been done in my cursory check of the recent circuit court filings.” which also evidences Carter not having the authority to make lawful determinations outside a court of law as per his actions substantiated by Lavonne McCullough stating Carter told her to put my property back into the previous owners name without a judicial decree. Documents dated August 21, 2012 [McCullough] and August 27, 2012.
- Carter states that I need a judge to tell me when the law has been followed, yet , Carter, is not a judge and has taken it upon himself to make judicial determinations and acts upon his “judicial determinations” outside of the law. Documents dated August 21, 2012 [Carter] and August 21, 2012 [McCullough]
- The correction certificate of the county collector filed on 8/21/2012 was hurriedly sent and signed by John Thurston, Commissioner of State Lands on 8/13/2012. Document dated August 21, 2012 [McCullough]
- Karen Hardesty, hereinafter Hardesty, acting as Boone County Assessor, stated, “In reference to your inquiries about the property at 18360 N Hwy 281. Please contact Attorney Chris Carter at 870-741-6361 with any questions you may have .” Document dated August 6, 2012
- Carter stated “I would further ask that you quit calling the prosecutor's office about these civil matters.” “The prosecutor's office does not have an investigator and acts only upon matters investigated by law enforcement.” Hardesty won't answer; Carter and Kincade won't answer. Public servants not doing their job because my position is lawful. Document dated August 27, 2012
- Carter stated the prosecuting office did not have any claim against my property or me civilly or criminally. Does not answer phone calls. Does not follow civil procedure. Does not uphold Constitutions. Document dated August 21, 2012
- Arkansas Constitution 22. Property rights - Taking without just compensation prohibited. The right of property is before and higher than any constitutional sanction; and private property shall not be taken, appropriated or damaged for public use, without just compensation therefor. Constitution dated 1874
- Carter told McCullough, Boone County Tax Collector, to put the Title to my property back into the previous owners name. Documents dated August 27, 2012 and August 21, 2012
- McCullough put my Title into Bill Ashlock's name. Document dated August 21, 2012
- Carter and Kincade put this property in Bill Ashlock's name. Bill has the property and the money. Bill is not legally obligated to pay anything to me. Violation of Arkansas Constitution 22. Property Rights and Alix Stephens statements. Theft by Deception worked well for Boone County.
- Kincade and Carter are not judges. Separation of Powers Doctrine applies. Arkansas Constitution Article 19 Section 6
- Kincade and Carter have no judicial decree from any judge to state a claim against my lawful contract with Bill Ashlock. Evidenced by McCullough. Document dated August 21, 2012
- This property matter was never heard in law before any judge. Document dated August 21, 2012
- Arkansas Constitution 12. Suspension of laws. No power of suspending or setting aside the law or laws of the State, shall ever be exercised, except by the General Assembly. Constitution dated 1874
- Carter and Kincade used the office of Prosecuting Attorney to unduly influence other government officials in the Executive branch such as Lavonne McCullough, Boone County Tax Collector, Karen Hardesty, Boone County Assessor, Thurston, Arkansas State Land Commissioner, and McDaniel's, Arkansas Attorney General, to side with him with no judicial decree.
- Carter explicitly states that unless I “take corrective action” the Commissioner of State Lands will receive certification from McCullough to sell my property outside of Fee Simple Title. Admission of forced compliance and fraud. Document dated February 8, 2010.
- Thurston operates under McDaniel, as stated by Thurston's secretary, and both refuse to answer correspondence and support lawful position to violate Stephens' testimony that which the law does not forbid. Document dated July 28, 2013
- Thurston refuses to present his oath of office under a FOIA.
- McDaniel refuses to investigate the matter after complaints filed. Document dated June 19, 2014: No response.
- Carter, Kincade, Thurston, and McDaniel violated the very Charters, the Arkansas Constitution and the Constitution of the United States of America, that created the office they are acting under and in after swearing a binding oath to stay within those bounds. Arkansas Constitution Article 19 Section 20;
- Kincade and Carter's intent was to force me to comply to a level of servitude as evidenced by his statement, “the State of Arkansas will have to look at charging you with Simulating Legal Process.” Document dated February 8, 2010.
- McDaniel represents the State of Arkansas State not Kincade and Carter.
- Dustin McDaniel personally and in the capacity of Arkansas Attorney General was made aware of the Boone County challenges on numerous occasions and has willfully ignored the problems.
- Peonage, Involuntary Servitude and Slavery is in violation of the Constitution and Humanity. Carter and Kincade have used their positions of perceived power to force me to comply with a non-existent position which they have no authority to enforce if it did exist.
- McDaniel's is personally and through his office, covering for Thurston, Carter and Kincade.
- The Constitutions of both the United States de jure and Arkansas were created at a time when men and women were tired of oppression. These Constitutions were created long before the current administration occupied the offices involved and have withstood three [3] attempts to alter the current Constitution: in 1918, 1970, and 1980. The Arkansas Constitution is the foundational document for which all officials on all levels of government must honor. Due Process may not be evaded.
- McDaniel, Thurston, Kincade, and Carter were not forced or coerced to hold their corresponding offices nor where they threatened under dire circumstances to swear an oath to the Constitutions necessary to hold said offices. These boys agreed to the conditions of the offices of Arkansas Attorney General, Boone County Prosecuting Attorney, and Boone County Deputy Prosecuting Attorney all by themselves.
- There is no lawful foundation that McDaniel, Carter and Kincade can offer a court of law to support their unconstitutional acts and actions in this matter. There is no rebuttal that will undo what has been committed. All evidence used to support this claim has come from their files. This claim stands in law.
- Presented Moore, Boone County Sheriff, with complaint. Moore hands the complaint right back to Carter and Kincade.
- Office of Professional Conduct was informed of Carter's unprofessional conduct and has ignored the documentation. Document dated May 27, 2014
I have done everything
within my power to rectify this situation outside of a court of law
to prevent Boone County, the State of Arkansas, and all others listed
here and then some, in Good Faith. There is nothing left to do
before bringing this claim before the Federal Court.
Whereas
Carter, Kincade, and Thurston are acting in concert with McDaniel,
all have recklessly used the offices of Boone County Prosecuting
Attorney, State Land Commissioner, and the Arkansas Attorney General
in violation of their Constitution. These four and others have
willfully denied due process of law to me in direct conflict with the
Constitution of Arkansas, the Constitution of the United States of
America, and Arkansas Statutes. In accordance
with Title 18 the damages for Denial of Due Process in this matter is
$250,000.00 per person per count and $500,000.00 per office that is
used to carry out the Denial of Due Process: $3,000,000.00; Civil
Racketeering is $3,000,000.00 per count. I will accept treble the
amount, $18,000,000.00 as is possible in civil matters. Plus any
other compensation that this court deems equitable in this matter.
This is to be paid Jointly and/or Severally.
I
am asking for summary judgment in this matter as the evidence
presented in this matter is documented directly from the offices and
officers involved. The parties involved will do everything in their
power to interfere with my right to redress grievances and prolonging
a remedy as the dated documentation evidences.
Sarah
Marie Chermak
18360
Hwy 281
Lead
Hill, Arkansas
870-436-3508
smcpelkey@yahoo.com
IN
THE UNITED STATES DISTRICT COURT
WESTERN
DISTRICT OF ARNSANSAS
___________________DIVISION
Sarah
Marie Chermak
18360
Hwy 281
Lead
Hill, Arkansas
870-436-3508
vs.
Christopher
Carter
110
East Rush
Harrison,
Arkansas
870-741
7592 Civil Action No__________
Ron
Kincade
110
East Rush
Harrison,
Arkansas
870-741
7592
John
Thurston
Capitol
Building
109
State
Little
Rock, Arkansas
501-324-9422
Dustin
McDaniels
323
Center Street, Ste 200
Little
Rock, Arkansas
501-682-2007
MOTION
FOR SUMMARY JUDGMENT
Documents
evidence Carter, Kincade, McDaniel, and Thurston knew due process was
not
followed
in this instance in total defiance of the Legislative Attorney's
statement. The
Legislature
does not have a problem with my Title. Carter, Kincade, McDaniel,
Thurston and their respective offices do not have the right to make
any legal determination that my Title is unacceptable. No sense
wasting court's time. They are wrong then and they are wrong now
out
of their own mouths. I request summary judgment as nothing can be
done to change what was done.
Sarah
Marie Chermak
18360
Hwy 281
Lead
Hill, Arkansas
The following is an example of a federal statute defining the term:
According to 42 USCS § 1994, 'peonage' is defined as "a condition of enforced servitude by which the servitor is compelled to labor against his will in liquidation of some debt or obligation, either real or pretended." The holding of any person to service or labor under the system known as peonage is abolished and forever prohibited in any Territory or States of the United States.
Arkansas
Constitution
1.
Source of power.
All
political power is inherent in the people and government is
instituted for their protection,
security
and benefit; and they have the right to alter, reform or abolish the
same, in such manner as they may think proper.
2.
Freedom and independence.
All
men are created equally free and independent, and have certain
inherent and inalienable
rights;
amongst which are those of enjoying and defending life and liberty;
of acquiring,
possessing
and protecting property, and reputation; and of pursuing their own
happiness. To secure
these rights governments are instituted among men, deriving their
just powers from the consent of the governed.
3.
Equality before the law.
The
equality of all persons before the law is recognized, and shall ever
remain inviolate; nor
shall
any citizen ever be deprived of any right, privilege or immunity; nor
exempted from any
burden
or duty, on account of race, color or previous condition.
12.
Suspension of laws.
No
power of suspending or setting aside the law or laws of the State,
shall ever be exercised, except
by the General Assembly.
13.
Redress of wrongs.
Every
person is entitled to a certain remedy in the laws for all injuries
or wrongs he may receive in his person, property or character;
he ought to obtain justice freely, and without purchase;
completely, and without denial; promptly and without delay;
conformably to the laws.
21.
Life, liberty and property - Banishment prohibited.
No
person shall be taken, or imprisoned, or disseized of his estate,
freehold, liberties or
privileges;
or outlawed, or in any manner destroyed, or deprived of his life,
liberty or property; except by the judgment of his peers, or the
law of the land; nor shall any person, under any circumstances, be
exiled from the State.
15.
Unreasonable searches and seizures.
The
right of the people of this State to be secure in their persons,
houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated; and no warrant shall issue,
except upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the person or
thing to be seized.
22.
Property rights - Taking without just compensation prohibited.
The
right of property is before and higher than any constitutional
sanction; and private property shall not be taken, appropriated or
damaged for public use, without just compensation therefor.
28.
Tenure of lands.
All
lands in this State are declared to be allodial; and
feudal tenures of every description, with all their incidents, are
prohibited.
29.
Enumeration of rights of people not exclusive of other rights -
Protection against
encroachment.
This
enumeration of rights shall not be construed to deny or disparage
others retained by the
people;
and to guard against any encroachments on the rights herein retained,
or any
transgression
of any of the higher powers herein delegated, we declare that
everything in this
article
is excepted out of the general powers of the government; and shall
forever remain
inviolate;
and that all laws contrary thereto, or to the other provisions herein
contained, shall be
void.
27.
Slavery - Standing armies - Military subordinate to civil power.
There
shall be no slavery in this State, nor involuntary servitude, except
as a punishment for
crime.
No standing army shall be kept in time of peace; the military shall,
at all times, be in strict subordination to the civil power; and no
soldier shall be quartered in any house, or on any premises, without
the consent of the owner, in time of peace; nor in time of war,
except in a manner prescribed by law.
1317 |
National Stolen Property Act—"Stolen" -- "Converted" -- "Taken by Fraud" |
|
|
FOIA
NOTICE
OF FAULT
OPPORTUNITY
TO CURE
June
27, 2014
Ron
Kincade
Boone
County Prosecuting Attorney
870.741.2702/fax
re:
June 14, 2014
Greetings
Served parties: Ron Kincade and Boone county Prosecuting Attorney's
Office:
On
June 14, 2014, a lawful request was made to you and the office of
Prosecuting Attorney requesting information that was to be included
in a FOIA. The existence of following documents are evidenced in the
FOIA information sent.
- The correspondence from Jason Robb Notary public received by your office on5-12-11; and
- The correspondence from Alix Stephens, Arkansas legislative Attorney, dated 6-22-2011 which is permanently attached to my Record of Clear Title/Perfect Title.
Send
these two documents within seventy-two hours.
Matters
concluded.
Sarah
Marie Chermak
18360
Hwy 281
Lead
Hill, Arkansas
THIS
DOCUMENT IS A MATTER OF PUBLIC RECORD
NOTICE
OF CRIMINAL ACTIVITY IN BOONE COUNTY
June
19, 2014
Dustin
McDaniel
323
Center Street, Ste 200
Little
Rock, Arkansas 72201
501.682.2007
re:
Christopher Carter and Ron Kincade
Greetings
Served Party Dustin McDaniel:
On
two previous occasions I file a complaint one being on line and the
other via fax/mail with you regarding Kincade and Carter.
Apparently
your office is contracted the Lois Lerner syndrome. There is no
record of these complaints. Very efficacious indeed! Keep in mind
that Carter is following Kincade's orders and both of these gentlemen
have usurped the authority of the Legislature This is absolutely
mindbogglingly as your job does no.
t
exist without the Legislative's existence.
The
Legislative branch of Arkansas stated there is no law forbidding me
from having Absolute Title to my property.
Due
to the fact that Kincade and Carter decided they could do as they see
fit, my Title to this property has been taken away without a judge's
order, court hearing, and lawful authority. Boone County had no
claim against this Title, and Kincade and Carter as Carter so stated
his office does not deal with private property as that is a civil
matter. He also stated Boone county had no criminal charges against
me filed in his office.
Boone
county has raised the taxes on this property unilaterally without due
process of law. No notification. The taxes have more than doubled.
I have had my property stolen from me by your people.
Straighten
these people out today! Put my property back the way the law allows.
Sarah
Marie Chermak
18360
hwy 281
Lead
Hill, Arkansas 72644
8704363508
