3rd appellate pleading template - angelfire case do… · web viewplease count the words of said...

DEMAND FOR INTERROGATORIES

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Robert Lindsay; Cheney Jr.Fifteenth Judicial District6190 SkywayParadise, California(530) 877-1265In Propria Persona, Sui Juris

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIATHIRD APPELLATE DISTRICT1

DIVISION ____________

___________ TERM

Robert Lindsay; Cheney Jr.

APPELLANT / PETITIONER Accused and Aggrieved Party

Against

THE PEOPLE OF THE STATE OF CALIFORNIA,By their Attorney, Michael L. Ramsey, District Attorney for the County of Butte Respondent/Contemnor (Undefined)

COUNTY OF BUTTE, Butte County Consolidated Court System, “Superior Court”, Gerald Hermansen “Judge” Respondent/Contemnor (Undefined)

Ms. Susan Sloan, A.K.A. a fiction “SUSAN SLOAN” by her attorney, Michael L. Ramsey, District Attorney for the County of Butte Respondent/Contemnor (Undefined)

CALIFORNIA DEPARTMENT OF CORRECTIONS Respondent/Contemnor (Undefined)

CASE No. C 037374

(Sup.Ct. No. CR 25413)

(Muni Ct. No. P 3747)

(N.Y. 99N 112114)

INTERROGATORY

[CRC Rule 40 (b),(c) 63(a)]

[CCP § 2019 CCP § 701.010]

[Cal.Const. Art. I, Sec.8]

[U.S. Const. Amend. 1, 4, 5, 6, 7 and 9]

1 The “COURT OF APPEAL FOR THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT” shall be Concurrent with and Equivalent to the district court as created in Article I, Section 1, Constitution for California of 1849, see: Stats. 1872, ch. CXIV, p. 116 and Digest of Laws of California – XXII. COURTS OF JUSTICE, III.-THE DISTRICT ,OURTS, Article 632, Section 12, No. 15. [Am. April 25, 1857; R.S.St. 1855, 117; St. 1854, 74; St. 1853, 289; St. 1851, 11; St. 1850, 93; C.L. 740.]


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FOR THE THIRD APPELLATE DISTRICT: To the honourable presiding

Justice and the honourable associate Justices of the Court of

Appeal of the State of California, for the Third Appellate

District, GREETINGS:

Comes now, the Appellant in this matter, the accused and

greatly damaged party, Robert Lindsay; Cheney Jr. IN PROPRIA

PERSONA (not Pro Se or Pro Per), SUI JURIS—AT LAW and upon the

first instance, demands QUESTIONS AT LAW, AND DEMANDS FOR

PRODUCTION OF FACTS as required by law upon the issue denied in

this court by respondents in regards to the above-entitled

matter, in order to make more definite and certain to address

the State of California State Attorney Bill Lockyer RESPONSE TO

APPELLANT’S BRIEF, certain denials entered in thereof; dated on

or about February 25th, 2002; necessary response to wit:

A.) You have been in fact, sent this interrogatory exactly

due to the fact that you have knowledge of the law in the

above entitled matter, as well as knowledge of the facts,

and have joined in this matter in the normal course of your

job duties; and under the Constitution of California,

Article I, section 8 “due process of law” and under the New

York Constitution (1777) preamble and declaration of rights

specifically item XXXV, and the Constitution for the United

States, Amendment the First, Amendment the Fifth, and

Amendment the Ninth; “Substantive due process of law” /


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redress of grievances mandates, that you shall answer each

and every item in this document in writing, including the

attachment “A” completely as required by law, in the first

instance; and,

B.) Any perfidy, obfuscation, or omission in any of your

answers to any of the questions herein, will in fact, be a

default in this matter, a violation of law, a breech of the

public trust; and an act of bad faith, and will in fact, be

a personal liability to you of which you will be obligated

to me and lawfully levied against, with no immunity at law,

nor any redress at law whatsoever. You will answer any and

all questions hereby submitted, and will do so in

accordance with law, in good faith thereof, as it is a

fact, that your performance in this matter and status is

subordinate to me, as I am in fact a lawful New York state

Citizen and a former United States Marine Corps Sergeant

who has served his country with honor and distinction; as

you are in fact a public servant and bound by proper and

lawful oath to me and held to the exact strict standard and

highest standards of the law, thereby; and,

C.) Your answers must be open, and complete, and truthful, and

you are not to hide either the facts nor the law in this

matter; and,

D.) It is a fact, that you are bound to this matter either

directly or indirectly by your act and/or omissions in


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substantive contact with this matter either to provide me

with the law and/or to answer to provide remedy of law

and/or redress of grievances and/or in the normal course of

your job duties and/or to provide me with the facts in this

matter, and/or the law; thereby, from your own acts and/or

omissions which join you to this matter; any failure to

completely enter and answer the questions so provided in

order to provide me with the nature and character of this

matter, and substantive due process of law, information

and/or justice in this matter will be an act of bad faith

will be a default in this matter and an obligation to me;

and,

E.) You will not pass these interrogatories off to a third

party or proxy, you will in fact, personally answer any and

all questions herein, and complete them fully and

completely, truthfully and in good faith, and then

completely remit same to me, under your signature and

lawful seal of authority within 10 days of receipt of

service of this document.

F.) NOTE: As the Respondent’s in this matter, enjoined with

the County of Butte District Attorney, Michael L. Ramsey,

et als; along with the Attorney General of the State of

California, Bill Lockyer, et als; along with the State of

California Governor Grey Davis, and all his assigns; along

with the County of Butte Consolidated Court System; the


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State of California Court System; enjoined by the State of

New York Governor, George E. Pataki, and all his assigns in

this matter; in collusion with the State of New York Court

System, did in fact deny me palpable discovery in this

matter, and as their unreasonable and capricious acts

and/or omissions have been done in bad faith to obfuscate

this issue, and to keep pertinent information from being

lawfully presented into the above-mentioned Court: you are

thereby compelled to produce in the first instance all

items hereby demanded in items 1 through 124 below:

1.) What is the exact title of your job specification?

2.) What is your exact name?

3.) Do you go by any other name(s)? Yes or no?

4.) Have you received any funding, grants, benefits,

foundation monies, or any other remunerations whatsoever

from the Appellant’s prosecution for “Child Support”? Yes

or No?

5.) Please remit to me, true copies of all financial

investments and state pensions you receive as remuneration

for your job specification and the source funding’s and/or

accounts you are paid in relation to enforcement of “Child

Support” California Penal Code §§ 270 and/or 166(a)(4) violations you enforced against the above-mentioned

appellant in this matter.


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6.) Please remit to me, true copies of all contracts,

insurance bonds, grants, foundation monies, and/or private

monies you or your office receives in order to enforce

California Penal Code §§ 270 and/or 166(a)(4) violations you enforced against the above-mentioned appellant in this

matter.

7.) What are the other names you go by? (Please list

them).

8.) Are you of proper oath and affirmation to assume

that public job specification? Yes or no?

9.) Please remit to me the exact oath taken in order

to obtain said job; the date it was sworn or affirmed to;

and the date of enactment.

10.) Please count the words of said oath taken in items

6 and 7 above. Please remit to me the number of words

contained in that lawful oath you have sworn or affirmed to

and have on record.

11.) Isn’t it a fact, that you have sworn (or affirmed)

to uphold the law? Yes or no?


also to defend the state Constitution and the Constitution

for United States of America? Yes or no?


that you will support and defend both constitutions against

all enemies? Yes or no?


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that you will defend against all enemies, both foreign and

domestic? Yes or no?


that you take this obligation freely? Yes or no?


that you do further swear or affirm, that you do not

advocate nor are a member of any party or organization,

political or otherwise, that now advocates the overthrow of

the Government of the state or of the United States? Yes or

no?


that you are not a member of a party or organization,

political or otherwise that advocated the overthrow of the

Government of the state or of the United States? Yes or no?

18.) Do you have any “affiliations”? (Or do you have

“No Exceptions”?

19.) Are you bonded in accordance with law? Yes or no?

20.) What is your bond number? (Please remit to me).

21.) What is the amount of this bond?

22.) Who is the Bond Holder?

23.) What is the Bond Company name and address and

telephone number?


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24.) Isn’t it a fact, that the people of this state

embodied in “we the people” do not in fact, indemnify

criminals? Yes or no?

25.) Isn’t it a public policy that the state does not

indemnify criminals? Yes or no?

26.) Isn’t it a fact, that as you are of proper oath

and affirmation, and lawfully bonded in accordance with the

law, this “special” obligation you have sworn (or affirmed)

entitles you to a lawyer? Yes or no?

27.) However, isn’t it also a fact, that any act or

omission you have in oath or bonding or your status as a

“public official” thereby forfeit’s such right, and any such

defective “public charge and/or office” does not have the

right to an attorney? Yes or no?

28.) Isn’t it a fact, that you as you are qualified,

and have met said job qualifications in the performance of

your duty as a public servant that you have “knowledge of

the law”? Yes or no?

29.) What are the job duties as classified in your job

specification of which you were hired for?

30.) What are your training skills that were required

to meet that job specification?

31.) What is your educational background that were

required to meet that job specification?


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32.) What branch of government (or department) does

your job specification come under?

33.) Are you a United States Citizen? Yes or no?

34.) Please provide proof of citizenship.

35.) Are you a lawful citizen of the state? Yes or no?

36.) Please provide proof of citizenship for your

state.

37.) What is the salary compensation for your job

specification?

38.) What are the “benefits” package provided to you?

39.) What is the compensatory worth of such public

funded “benefits package”?

40.) Are there any other remunerations for your job

title? Yes or no?

41.) What are they, and what are their value(s)?

42.) Does your public office have any authority to act

outside its enumerated authority of the state or Federal

Constitution(s)? Yes or no?

43.) Isn’t it a fact, that as a public servant, and

public employee bound by oath and affirmation to uphold the

laws and constitution for the state and of the United

States: are you not held to a higher standard of law? Yes

or no?

44.) Is it not also a fact, that you are held to strict

construction of the law? Yes or no?


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45.) In the matter C 037374 and adjunctive matter(s)

County of Butte Case number CM 010607, et seq. Case SCR

25413 and P-3747 (hereby case CM 010607) do you have any

lawful warrant against me for my arrest or incarceration?

Yes or no?

46.) In case(s) numbers 99N-112114 (New York) or CM

010607, did at any time you have a lawful Governor’s Warrant

for my arrest? Yes or no?

47.) Please remit to me a copy of said warrant or writ

and the date it was lawfully served upon me in accordance

with my demands and the law.

48.) Was lawful subject matter jurisdiction lawfully

established to prosecute Appellant and/or enforce the above-

mentioned cases? Yes or no?

49.) Please provide proof of subject matter

jurisdiction.

50.) Was there lawful in personam jurisdiction lawfully

established to prosecute the Appellant in the above-

mentioned cases? Yes or no?

51.) Must you have a lawful warrant backed by lawful

probable cause in which to perform any of your job functions

in this matter? Yes or no?

52.) Please produce that lawful warrant.

53.) When was the exact date of that warrant

established?


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54.) When was that lawful warrant served upon Appellant

as he demanded in accordance with your Published California

Penal Code § 842?55.) Was that warrant at any time “RECALLED”?

56.) On what date was that warrant “RECALLED”?

57.) Was “probable cause” found to support that

warrant? Yes or no?

58.) What date was “probable cause” determined and

found which validated any act and/or omission you may have

committed in this matter?

59.) Who was the “Judge” which “found” lawful probable

cause?

60.) When was the Certificate of Probable cause made

out (what exact date)?

61.) Please provide to me the lawful Certificate of

Probable cause?

62.) Who was the party which swore under oath and

affirmation a lawful complaint against me to swear that I

did in fact commit a crime?

63.) On what date did he so subscribe and verify before

a magistrate?

64.) What was the exact status of the party swearing I

did a crime?

65.) Was that person a public official? Yes or no?

66.) Was it a machine or computer?


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67.) What was the exact crime this person witnessed me

doing, and on what date?

68.) What substantive “proof” (not hearsay) was

provided??

69.) Is this “Magistrate” who found probable cause

“duly elected” on said date of finding probable cause? Yes

or no?

70.) What was the exact status of the person finding

probable cause?

71.) What was his or her exact title?

72.) Who is the real party of interest behind matter P-

3747, and/or SCR 25413; and/or CM 010707 and/or C 037374 to

enforce Penal Code §§ 270 and 166(a)(4)?73.) In regards to the alleged “charge” against me,

prosecuted in County of Butte case numbers P-3747; SCR

25413; and CM 010607: are you involved with any part of

“enforcement” of those matters? Yes or no?

74.) What is the “contract” which binds you in your

lawful job performance to these matters?

75.) Please remit to me that “contract” and/or “legal

process” and all its complete documentation to allow you

your lawful authority in this matter.

76.) What is the exact title of your public Office you

work for on the date(s) you interacted with me in this

matter?


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77.) What is its exact lawful enactment of this office

and/or agency and/or public authority according to its

constitutional mandates?

78.) What branch of government or department does your

public office (your job) exactly come under?

79.) What branch of government or department that your

office and/or agency and/or public agency and/or its

authority come under?

80.) What is the lawful constitutional authority for

your office and/or state agency you work for?

81.) Please remit to me all child support accounts of

Robert Lindsay; Cheney Jr. under the Child Support Account

Number established in any County of Butte Case(s) P-3747,

SCR 25413, CM 010607 and C 037374, including all records,

copies of orders from any court or tribunal, other accounts,

monthly statements, transactions, transaction sheets,

memoranda notes, notes, files, whether in the name of

alleged Debtor/Appellant Robert Lindsay; Cheney Jr.

individually or in conjunction with any other person,

fiction, or persons.

82.) Please remit to me, all account statuses,

correspondences, memorandums, notes, files or other

documents between County of Butte Probation Department,

Child Enforcement Services, or any California and/or New

York State agency, and/or Federal agency, and/or the Social


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Security Administration and/or the Federal Office of Child

Support Enforcement; and/or any other private agency and

also include any correspondences or certifications to the

U.S. Department of State or U.S. Justice Department.

83.) Please remit to me, all official child support

enforcement and child support collection state and federal

manuals, books, practice, policy and procedure manuals,

accounting procedure manuals, executive orders from the

California or New York state office of State Attorney

General, orders from any court or tribunal (including any

orders from the State of California and/or State of New York

Probation or “Parole” departments), orders from the Chief

Justice of the California or New York Supreme Court or any

other State of New York, State of California or Federal

Court.

84.) All computer specifications and source code(s)

(State and Federal) involving the aforementioned agencies,

departments or divisions in any and all items submitted in

this interrogatory which involves the collection and

enforcement of “Child Support”, including but not limited to

computer specifications, program’s, any grants and/or

private foundations so involved in said collections and/or

enforcement in this matter(s) P-3747, SCR 25413, CM 010607

and C037374.


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85.) All cash and books and ledgers for the past eight

(8) years relating to Debtor/Plaintiff child support account

and collection and enforcement procedures by your office.

86.) All summons you have lawfully served upon me in

this matter.

87.) Does your office and/or department and/or state

agency have any contract to enforce California Penal Code § 270 “Willful failure to Provide”? Yes or no?


agency have any contract to enforce California Penal Code

§166(a)(4) “Contempt”? Yes or no?89.) What are the funding contract numbers?

90.) Who are all parties to this contract?

91.) What are the source documents to this contract?

92.) What are the account numbers of this contract?

93.) How are funds disbursed under this contract?

94.) What is/are the law(s) which authorizes this

contract?

95.) What is the constitutional enacting authority or

enumeration which allows this contract?

96.) What is the name of the account of which funds are

disbursed?

97.) What is the bank where these monies, funds and/or

grants and/or foundations are located and or disbursed?


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98.) What are the account numbers in this bank of said

funds and/or grants and/or foundations?

99.) If it is a foundation, has anyone researched the

founding charter and the objectives of the foundation

providing monies, grants, and or other remunerations to see

if they are in consonance with our form of free government?

Yes or no?

100.) Does any part of your salary come from this grants

and/or funds and/or grants and/or foundation monies and/or

other remunerations?

101.) Do you or your office have any “quota’s” to fill

in which to receive this funding’s and or remunerations for

“failure to provide” or any law attached thereto? Yes or

no?

102.) Is your office and/or department and/or state

agency instructed to violate the rights of people being

prosecuted in the enforcement of either PC §§ 270 or 166(a)(4)? Yes or no?


agency have any contract with California Health and Human

Services Agency to enforce PC §§ 270 and/or 166(a)(4)? Yes or no?

104.) Please remit to me this contract.

105.) What funding sources does either the California

Health and Human Services Agency and/or the U.S. Department


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of Health and Human Services provide to your office and/or

department and/or public agency?

106.) Please remit to me all copies of such funding

sources and their account numbers.

107.) Please remit to me the precise and any and all

laws which authorize such payment to your office and/or

department and/or state agency.

108.) Are there any organizations providing funding to

your office and/or department and/or state agency for the

prosecution or enforcement of PC §§ 270 and/or 166(a)(4)? Yes or No?

109.) Please remit to me those funding sources and their

account numbers.

110.) What is the name on the account(s) for the source

funding of those funding sources?

111.) In regards to items 74 through 78 noted above, in

regards to case number CM 010607, (a.k.a. C 037374) what has

been the total and complete costs you have been paid to

enforce this matter “Failure to Provide” (P-3747, SCR 25413,

CM 010607 a.k.a. 037374)?

112.) Please remit to me an exact disbursement, labor

times, paper and office costs, administrative costs, and all

other costs associated to enforce this matter (P-3747,

SCR25413, CM 010607 a.k.a. C 037374)


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113.) Is there any contract between your office and/or

department and/or state agency with the State of California,

California Department of Corrections? Yes or no?

114.) Please remit to me a copy of this contract.

115.) In the above mentioned case matter CM 010607, is

there any contract or funding with the California Department

of Corrections? Yes or No?

116.) How much remuneration was that contract for?

117.) What are the account numbers of that contract?


funding of that contract?

119.) What is the law supporting this contract?

120.) Is there any contract between you or your office

and/or the department and/or state agency with the United

States Department of Justice? Yes or No?



there any contract or funding with the United States

Department of Justice? Yes or No?







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and/or the department and/or state agency with the

California Judicial Department? Yes or No?



there any contract or funding with the California Judicial

Department? Yes or No?





133.) What is the law supporting this contract and/or

funding?


and/or the department and/or state agency with the

California Governor Grey Davis [Executive Branch and/or

Department of California]? Yes or No?



there any contract or funding with the California Governor

Grey Davis [Executive Branch and/or Department of

California]? Yes or No?




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funding?

141.) Is there any contract between your office and/or

department and/or state agency with the State of California,

County of Butte Sheriff’s Office? Yes or no?

142.) Please remit to me a copy of this contract.


there any contract or funding with the County of Butte

Sheriff’s Office? Yes or No?








States Federal Bureau of Investigation? Yes or No?



there any contract or funding with the United States Federal

Bureau of Investigation? Yes or No?




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funding?



States Federal Marshall? Yes or No?



there any contract or funding with the United States Federal

Marshall? Yes or No?






funding?

162.) Please remit to me copies the complete contents of

my file or any file or document that you have on me, and any

and all documents contained therein.

163.) Do you have my voluntary signature that is upon

any document contained within said contents of my file? Yes

or no?

164.) Did I consent in any way to any document or event

noted or documented in my file? Yes or no?


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165.) Did you in fact, bring any charges against my

person in the normal performance of your job? Yes or no?

166.) What were they? (Please list).

167.) Please remit the exact date I committed said act

and/or omission in your presence.

168.) Is California Penal Code 270 a felony or

misdemeanor?

169.) In answer to the item above, please remit the

exact legal appellation of the law completely written

without omission on California Penal Code 270.

170.) Is the word “misdemeanor” in that legal

appellation? Yes or no?

171.) Is the exact word “felony” in that legal


172.) In the normal course of your job duties, did you

ever omit the complete rendition and legal appellation

and/or full text of published California Penal Code 166(a)

(4)? Yes or no?

173.) Is California Penal Code 166(a)(4) a felony or

misdemeanor?

174.) In answer to the item above, please remit the

exact legal appellation of the law completely written

without omission on California Penal Code 166(a)(4).

175.) Is the word “misdemeanor” in that legal



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176.) Is the exact word “felony” in that legal



ever omit the complete rendition and legal appellation

and/or full text of published California Penal Code 166(a)

(4)? Yes or no?

178.) In the normal course of your job duties, were you

ever told, or given intent to understand, that you could

violate the law of state citizen’s for the prosecution of

either Penal Code § 270 “Willful failure to Provide” and/or § 166(a)(4) “Contempt”? Yes or no?

179.) On Penal Code § 166(a)(4) “Contempt”: did I commit contempt within your presence? Yes or no?

180.) On what date did that “contempt” occur?!?

181.) Where exactly did that “contempt” occur?

182.) In the normal course of your job duties, would it

not be a fact, that if in fact, my son Windsor had been

kidnapped from me by Ms. Susan Sloan, on or about February

15, 1985; what effect would that fact and my incessant

demand for remedy (which have been complained of by lawful

Verified Criminal Complaint for Kidnapping several times

within the courts and unlawfully ignored in overt violation

of law) have on California Penal Code § 270 and/or § 166(a)(4) violations against me?


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183.) In the normal course of your job duties is there

any law that allows any person to kidnap a child and then

demand “Child Support” for that kidnapping? Yes or no?

184.) Please remit to me that law.

185.) In the normal course of your job duties, is there

any law that allows you to disenfranchise a father who

demands his son? Yes or no?

186.) In the normal course of your job duties, when can

a person denied redress of grievances?

187.) Please remit to me the law that allows denial of

redress of grievances.

188.) In the normal course of your job duties in this

matter, did you ever ignore any written letter, supplication

or pleading, or Verified Criminal Complaint, or motion, that

Appellant sent to you? Yes or no?

189.) During the normal course of your job duties in

this matter, did you at any time disregard the law? Yes or

no?


this matter did you ever enter any false written information

in order to prosecute this matter? Yes or no?

191.) During the normal course of your job duties, did

you ever ignore this matter, or ignore any Appellant

request(s) to your office?

192.) What were those requests or supplications?


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193.) What was the date of those requests or

supplications?


you ever ignore Appellant’s habeas relief? Yes or no?

195.) At any point during the normal course of your job

duties in this matter, did you by act or omission, hit me,

beat me, use excessive force or coerce me in order to get me

to comply with your office and/or agency and/or department

and/or state administration’s practice, policies and/or

procedures? Yes or no?

196.) What is the exact law in consonance with the

constitution which allows you to do that?

197.) Was any act and/or omission you have taken against

me in this matter done in order to enforce an

unconstitutional oppressive regime to usurp Appellant’s

rights (and other citizens) in order to support your

coercive funding schemes for “child support” enforcement?

Yes or no?


this matter, did anyone ever indicate to you that Appellant

would have no remedy at law, and that you could violate any

right in order to enforce “Child Support” enforcement? Yes

or no?


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199.) During the normal course of your job duties, how

many men have you prosecuted for “Child Support” violations

from the years 1995 through 2000?

200.) During the normal course of your job duties, how

many women have you prosecuted for “Child Support”

violations from the years 1995 through 2000?

201.) How many men from the time period from 1995

through 2000 has your Office prosecuted for “Child Support”

violations?

202.) During the time period from 1995 through 2000 how

many men have you imprisoned in enforcement of “Child

Support” who claimed health problems?


many women have you imprisoned in enforcement of “Child

Support” who claimed health problems?


many men have you imprisoned in enforcement of “Child

Support” who claimed employment problems?


many women have you imprisoned in enforcement of “Child

Support” who claimed employment problems?

206.) How many women during the time period from 1995

through 2000 has your office prosecuted for “Child Support”

violations?


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207.) As you are of proper oath and affirmation and

employed in the public trust: Isn’t it a fact, that

Communism is against the public policy of the State of

California? Yes or no?

208.) Isn’t it a fact, that Communism is against the

public policy of the United States? Yes or no?

209.) Isn’t it a fact, that Communism is against the

public policy of the State of New York? Yes or no?



Socialism is against the public policy of the State of

California? Yes or no?

211.) Isn’t it a fact, that Socialism is against the


212.) Isn’t it a fact, that Socialism is against the



employed in the public trust: Isn’t it a fact, that Feminism

is against the public policy of the State of California?

Yes or no?

214.) Isn’t it a fact, that Feminism is against the


215.) Isn’t it a fact, that Feminism is against the



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disenfranchising Fathers from their children is against the

public policy of the State of California? Yes or no?

217.) Isn’t it a fact, that that disenfranchising

Fathers from their children is against public policy of the

State of New York? Yes or no?

218.) Isn’t it a fact, that disenfranchising Fathers

from their children is against the public policy of the

United States? Yes or no?

219.) What law allows the state to enjoin in the

kidnapping of children from Fathers?

220.) In the normal course of your duties enforcing

Child Support, what are the exact conditions requisite for

the state to intrude and remove a child from any Father?

221.) Does he have any remedy to redress this wrong?

222.) Does the state compensate him before the taking in

accordance with law? Yes or no?

223.) Please list and enumerate all remedies available

for the wrongful taking of his child by said respondent’s.

224.) On what date were these requisite conditions for

taking of Appellant’s own child met in this matter?

225.) What has your office and/or department and/or

agency and/or government’s practice, policy and procedure


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for providing Appellant with remedy if in fact, you have

violated any right or law in regards to this matter?

226.) During your normal course of duties as a public

servant in this matter, did you know of, or become aware of

any illegal act and/or omission committed against me by any

other public servant or public employee, agent or state

actor or government employee that acted in direct violation

of law in this matter? Yes or no?

227.) If you did witness or were aware of any violation

of law that was committed against Appellant in this matter,

did you uphold your oath of office and act in according with

the law to enforce Appellant’s rights? Yes or no?

228.) In the normal course of your duties, if you become

aware of any other public servant, committing any act and/or

omission in this matter against Appellant, what is the due

process of law that you must follow in order to stop or

remedy the situation? Please remit to me that practice,

policy and/or procedure and/or law.

229.) Did in fact, you follow that practice, policy

and/or procedure and/or law in this matter? Yes or no?

230.) Did you in fact, just “go along” with whatever

acts and/or omissions were being committed against me

because other state employees, state actors and agents

and/or officials also were? Yes or no?


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231.) During the normal course of your duties, did you

become aware of any “program” or “government policy” or

“Federal Policy” or “state policy” or “department policy” or

“office policy” to “get” “Deadbeat Dads?” Yes or no?

232.) Is this policy, written or unwritten?

233.) Please remit the policy to me.

234.) Please remit the constitutional enacting clause

that is in consonance with this policy.

235.) In the normal course of your job duties, what is

your understanding of the burden assumed by taxpayers in

order for the state or government to support a child? Do

the taxpayers have to pay and provide for the child? Yes or

no?

236.) In the normal course of your job duties, what is

your understanding of the burden assumed by taxpayers in

order for the APPELLANT’S OWN FATHER to support a child? Do

the taxpayers have to pay and provide for the child? Yes or

no?

237.) In the normal course of your job duties, where are

you mandated to “enforce” someone’s right to Welfare? Where

is that constitutional right spelled out and/or enumerated?

238.) In the normal course of your duties, are you in

fact, required to support Appellant’s enumerated right and

authority to provide that: "All men are by nature free and

independent, and have certain inalienable rights, among


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which are those of enjoying and defending life and liberty;

acquiring, possession and protecting property; and pursuing

and obtaining safety and happiness." Article I, Section 1;

Constitution of California (1849) [Adopted by the

Convention, October 10, 1849; Ratified by the people,

November 13, 1849; Proclaimed, December 20, 1849.] Yes or

no?


fact, required to support Appellant’s enumerated right and

authority to provide that: “No person shall be held to

answer for a capital or otherwise infamous crime, unless on

the presentment or indictment of a grand jury, except in

cases arising in the land or naval forces, or in the

militia, when in actual service in time of war or public

danger; nor shall any person be subject for the same offense

to be twice put in jeopardy of life or limb; nor shall be

compelled in any criminal case to be a witness against

himself, nor be deprived of life, liberty, or property,

without due process of law; nor shall private property be

taken for public use without just compensation.” [Amendment

the Fifth, Constitution for the United States (1787-1791)]

Yes or no?

240.) In the normal course of your job duties, what

“right” takes precedent? The “right” to Welfare or Article

I, Section 1 of the Constitution of California or


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Constitution for the United States Amendment the Fifth noted

above?


follow any computer generated issuances and/or information

developed from any system from Lockheed/Martin? Yes or No?


follow any computer generated issuances from Maximus? Yes

or No?

243.) What law which is consonant to the Constitution

(both state and federal) allows you to act upon any

information developed from computer generated information

developed by Lockheed/Martin?

244.) Who is the real party of interest that I can

subpoena and confront and/or question developed from any

computer generated materials?


fact, receiving any remuneration to act upon any computer

generated information developed by Lockheed/Martin or

Maximus? Yes or no?

246.) Please remit to me all copies of documents,

correspondence, memoranda, letters, notifications, etc., of

computer matching programs between the Social Security

Administration, the Internal Revenue Service and any and all

State of California, State of New York and/or Federal

agency, department, division, or other governmental body or


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individual involved in the collection and enforcement of

child support in your Appellant’s child support account

and/or County of Butte cases P-3747, SCR 25413, and CM

010607.

247.) Please remit to me all copies and relevant

information and documentation involving the State of

California or State of New York, and/or Federal State

Pension funds, Federal Pension funds, Judicial Pension

funds, Child Support Funds, Child Support Trust Funds and

the Federal TANF incentive and reimbursement payments.

248.) Please remit to me during the normal course of

your job duties that in any action, act or omission you may

have done in this matter if you had any remuneration and/or

authorization from Title 42 U.S.C.A., §§ 651 through 669? Yes or no?

249.) Please remit to me the exact laws which you

executed and what funding(s) you did to do so under Title 42

U.S.C.A. §§ 651 through 669.250.) During the normal course of your job duties in any

act or omission related to the above entitled matter (or

it’s relation matters P-3747, SCR 25413, and CM 010607) did

you engage in Title 45 U.S.C.A. Code of Federal Regulations

Parts 200 through 499? Yes or no?

251.) What were those exact codes and/or regulations?


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252.) During your normal course of duties in this

matter, do you expect the “courts” to “protect” you or

“shield” you for any criminal act and/or omission you may

have committed in this matter? Yes or No?

253.) During the normal course of your job function, did

you receive any, or abide by any, any practices, policies

and/or procedures; or receive any funding thereby from the

Office of Child Support Enforcement (OCSE)? Yes or no?

254.) Specifically, what were those practices, policies

and/or procedures and/or funding’s?

255.) During the normal course of your job function, did

you adhere to any, receive any, or abide by any, practices,

policies and/or procedures; or receive any funding thereby

from the Divisions 12 and 82 of the Department of Social

Services?

256.) Please remit to me any Manual of Policies and

Procedures for said Divisions 12 and 82 of the Department of

Social Services.


you for any act or omission therein in this matter, either

act under authority or receive any Family Support Division

(FSD) Letters and/or memorandums in this matter? Yes or no?

258.) Please remit those FSD letters to me.




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act under authority or receive any Family Support Division

Information Notices (FSDIN)? Yes or no?

260.) What were those FSDIN notices?

261.) Please remit those FSDIN notices to me.



act under authority of, or receive any California Department

of Child Support Services support? Yes or no?

263.) What was that support?

264.) Please remit to me all documents, files and or

remunerations to you or your office for said “support.”


you for any act and/or omission in this matter, either act

under authority of, or receive any County of Butte, Butte

County Family Trust Fund notices, or memorandum or action

letters or any other communiqué in this matter? Yes or no?

266.) Please remit to me any and all documents related

to said Butte County Family Trust Fund.

267.) During the normal course of your job duties, do

you have any power to make anyone a slave? Yes or no?

268.) During the normal course of your job duties, you

have claim the power to force anyone into peonage? Yes or

no?


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269.) Please remit to me the enacting statute and/or

constitutional enumeration that specifically gives you that

power and/or authority.


you adhere to any practice, policy and/or procedure as laid

out by the California Family Code? Yes or no?

271.) Did you get or were you allowed any funding to be

enacted in this matter through the California Family Code?

Yes or no?

272.) What were those specific “codes” that authorized

you any powers in this matter? Please itemize all of them

and remit to me.

273.) What were the Family Code authorizations for any

payments? Please specifically itemize that code

authorization for payments and/or remuneration and remit to

me.

274.) During the normal course of your job duties, do

you claim any authority to have “multijurisdiction” powers?

Yes or no?

275.) Please remit to me the proper enacting statute

and/or the constitutional enumeration that specifically

gives you that power and/or authority for

multijurisdictional status.


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276.) Please remit to me the minimum state contact that

I had with your state in order for you to claim any extra

jurisdictional or “multi” jurisdictional powers.

277.) Please remit to me, my lawful signature;

authority, and/or consent knowingly given by me to allow you

to do any act and/or omission you have done in this matter,

and the complete contract legally enjoining your activities

I had been informed of in support of your acts and/or

omissions in this matter.

DEMAND FOR RELIEF

278.) Your appellant and petitioner hereby approaches

the above named tribunal and Almighty God for substantial

justice and substantive due process of law in order to make

more definite and certain in regards to the California State

Attorney General RESPONSE TO APPELLANT’S BRIEF filed on or

about February 25, 2002; and,

279.) I demand that all items contained herein be

immediately and completely answered within 10 days upon

service of this document by the respondent(s) or their

agents or assigns so served and who have knowledge of this

matter; and,

280.) That if said respondent(s) or their assigns refuse

to answer any or all such items contained herein, that such

an act will be in fact, a contempt in this matter and that

they do in fact, forfeit this matter by default; and,


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281.) That said respondent(s) and their assigns who so

refuse to answer this Interrogatory will thereby become

directly liable to me with no remedy at law, or immunity

defenses whatsoever; and,

282.) That any failure of respondent’s to provide to me

the above demands in writing of the demanded Interrogatories

hereby submitted so that I can properly and lawfully respond

to the State of California State Attorney General Bill

Lockyer RESPONSE TO APPELLANT BRIEF, will result in any

pleadings, responses being completely stricken from any and

all records, and a default judgment on Appellant’s behalf

being entered in this matter, with extreme prejudice, and/or

a summary dismissal of all respondent’s pleadings and/or

defenses.

283.) That this court provide to me any and all

substantive remedies at law or redress of grievances that it

deems fit and proper so that I may defend myself in matter C

037374.

DATED:

SEAL: Respectfully submitted,

_______________________________ Robert Lindsay; Cheney Jr.—AT LAWIn Propria Persona, Sui JurisFifteenth Judicial District6190 Skyway

Paradise, California


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VERIFICATION

Butte County ]] affirmed.

State of California ]

I, Robert Lindsay; Cheney Jr., being the undersigned, declare under penalty of perjury as follows:

That the afore-going Document(s), Affidavit(s), Declaration(s), and/or

Materials, Id., including referenced and/or attached documents, and/or duplicates of

such documents are exacting copies of the originals in my/or my counsel’s

(specifically not American Bar Association, or professional “Attorney’s”)

possession. That I have read the foregoing document(s) and attachments, and know

and understand their contents, and having personal knowledge, know them to be true.

I hereby submit them in good faith to all parties of interest for proper

disposition. As to those matters submitted therein upon information and/or belief,

as to those matters, I also believe them true.

Executed this 20th day of March, in the Year of Our Lord and Savior, Jesus the

Christ, year Two-Thousand-Two.

SEAL: _____________________________ Robert Lindsay; Cheney Jr. – AT LAWIn Propria Persona, Sui JurisFifteenth Judicial District6190 SkywayParadise, California[Zip Exempt]

SUBSCRIPTIONSubscribed this 20th day of March, under exigent circumstances, before Almighty God,

this 20th day of March, in the Year of Our Lord and Savior, Jesus the Christ, year

Two-Thousand-Two.

SEAL: _____________________________ Robert Lindsay; Cheney Jr. – AT LAWIn Propria Persona, Sui JurisReserving All Rights, Giving Up None

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA, THIRD APPELLATE DISTRICT______________ Term


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Robert Lindsay; Cheney Jr. ]] Case No. C037374

Appellant/Petitioner ] CERTIFICATION OF SERVICE/vs. ] AFFIDAVIT OF

] PROOF OF SERVICETHE PEOPLE OF THE STATE OF CALIFORNIA ]

Respondents/Contemnor’s ] INTERROGATORIES_______________________________________________] [CCP § 1013 and § 2015.5]I, the undersigned hereby certify and declare that I am over the age of 18 years, and not a party to the within entitled cause of action; and, Further, hereby deposes and says: that on the date signed below, I did serve UNDER AUTHORITY OF APPELLANT/PETITIONER the attached document named:

1.) APPELLANT’S INTERROGATORIES 30 Pages___________________________________________________________(01 ATTACHMENTS)_____ The aforesaid documents were served in the following manner:

____By personal service. I did personally deliver the above-described documents at the address, or addresses captioned below:____By the U.S. Postal Service having knowledge of the United States Mail Postpaid certified envelope, sealed by my hand at _______________________.Certified Number ______________________________________By phone communication transmission [FAX], the material aforementioned on-line was sent at a total of ______ transmitted pages to Tel.#( ) - ____By sealed envelope, hand enclosed by me and mailed to:

Court of AppealThird Appellate District900 N. Street, 4th FloorSacramento, CA 95814-4869

Butte County DAMichael L. Ramsey25 County Center DriveOroville, California 95965

State of CaliforniaState Atty. Gen. Bill LockyerP.O. Box 944255Sacramento, CA 94233-255

California Dept. of Corr.Legal Affairs Div.1515 S. StreetSacramento, CA 95814

Butte County Consolidated Courts1 Court StreetOroville, CA 95965

Calif. Gov. Grey Davis

US Sen Wally Herger2268 Rayburn Hosue Off. Bld.Washington D.C. 20515-0502

CA Sen. Edward VincentState Capitol, Rm. 5052Sacramento, CA 95814

CA. Assy Dick AckermanSate Capitol, Rm. 4066Sacramento, CA 95814

U.S. Sen. Barbara Boxer112 Hart Senate Off. Blvd.Washington D.C. 20510-0505

CA. Sen John VasconcellosState Capitol, Rm. 5108Sacramento, CA 95814

CA. Ass. Darrell SteinbergState CapitolP.O. Box 942849Sacramento, CA 94249-001

U.S. Sen. Dianne Feinstein331 Hard Senate Off. Blvd.Washington D.C. 20510-0504

CA. Sen. Deborah OrtizState Capitol, Rm 5114Sacramento, CA 95814

CA Assy. Robert PachecoPuente Hills B. Cntr 117800 Castleton St. #125Sacramento, CA 91748

U.S. Sen. Hillary Clinton476 Russel Sen Off. Blvd.Washington D.C. 20510-3204

CA Sen Jim BattinState Capitol, Rm 3074Sacramento, CA 95814

CA Assy Patricia BatesState Capitol Rm 3141Sacramento, CA 95814


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U.S. Sen. Charles Schumer313 Hart Sentate Off.Blvd.Washington, D.C. 20510-3203

CA Sen Kay HaynesState Capitol, Rm 2187Sacramento, CA 95814

CA. Assy Ellen CorbettState CapitolSacramento, CA 94249-001

CA. Sen John Burton (Spkr)President Pro TemState Capitol, Room 205Sacramento, CA 95814

CA Sen. Wesley ChesbroState Capitol, Rm 4081Sacramento, CA 95814

CA. Assy John DutraP.O. Box 942849Sacramento, CA 94249-0001

CA. Sen. Liz FigueroaState Capitol, Rm 4048Sacramento, CA 95814

CA. Sen. Thomas OllerState Capitol, Rm 2048Sacramento, CA 95814

CA. Assy. Thomas HarmanState Capitol, Room 5158Sacramento, CA 95814

CA. Sen. Bill MorrowState Capitol, Rm 4048Sacramento, CA 95814

CA. Sen. Martha EscutiasState Capitol, Rm. 5080Sacramento, CA 95814

CA. Assy. Hannah JacksonState Capitol, P.O. Box 942849Sacramento, CA 94249-0001

Ca. Sen. Gloria RomeroState Capitol, Rm. 4062Sacramento, CA 95814

CA. Assy. Robert Hertzberg

(Assembly Speaker)State Capitol, Rm. 219Sacramento, CA 95814

CA. Assy John LongvilleState Capitol, P.O. Box 942849Sacramento, CA 94249-0001

CA Assy. Kevin ShellyState Capitol, Rm. 3160Sacramento, CA 95814

CA. Assy. Howard WayneState Capitol, P.O. Box 94849Sacramento, CA 94249-0001

U.S. Dept. of Justice950 Pennsylvania Ave. NWWashington, D.C. 20530-0001

U.S. MarshallRussell Qualliotine500 Pearl StreetSuite 400New York, NY 10007

U.S. MarshallJames J. Molinari450 Golden Gate Ave.Room 20-6888San Francisco, CA 94102

U.S. MarshallPatrick J. Wilkerson200 N.W. 4th StreetRoom 2418Oklahoma City, OK 73102

Judge Robert G. Gilbert1 Court StreetOroville, CA 95965

Judge Richard C. Cumming1 Court StreetOroville, CA 95965

Judge Lamb1 Court StreetOroville, CA 95965

Judge William Raymond Patrick1 Court StreetOroville, CA 95965

DDA Dan T. Nelson25 County Center DriveOroville, CA 95965

DDA Jack Schafer25 County Center DriveOroville, CA 95965

DA Inv. II Brad Rundt25 County Center DriveOroville, CA 95965

Sharol StricklandClerk of the Superior Court1 Court StreetOroville, CA 95965

Cheryl HelmStalk

Warden Dennis HastyMetropolitan Correction CtrMCC New York150 Park RowNew York, New York 10007

Warden John ScuderoMDC125 White StreetNew York, NY 10013

Sheriff Scott MacKenzie35 County Center DriveOroville, CA 95965

Sheriff Dan Young Sheriff Officer Sheriff Officer

DA Inv. Ross Pack Judge Herbert AlderbergSupreme Court of the State of New York, Part 50 60 Centre StreetNew York, NY 10007-1474

Judge Ellen M. Coin100 Centre StreetNew York, NY 10013


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Judge Steven Howell1 Court StreetOroville, CA 95965

Judge James SullivanSuperior Court of New York, Criminal Division60 Centre StreetNew York, NY 10007-1474

Steven R. McNelis1 Court StreetOroville, CA 95965

Judge Ronald M. GeorgePresiding Justice, Supreme Court of California

Sacramento, CA

Judge Loyd Mulkey Jr.1 Court StreetOroville, CA 95965

New York Legal Aid SocietyJoseph ZablockiManhattan Criminal Defense Office49 Thomas StreetNew York, NY 10013

U.S. Marshall Meade Parole Supervisor Katherine Haskins1370 Ridgewood DriveChico, CA 95926

Parole Agent Tim Torres1370 Ridgewood DriveChico, CA 95926

N.Y. District Attorney, Robert MorgenthauOne Morgan PlaceNew York, NY 10013

NY. DDA Susan C. Roque N.Y. Gov. George PatakiSTATE CAPITOLAlbany, NY 12224

California Gov. Grey Davis

Sacramento, CA

Judge Barbara Roberts1 Court StreetOroville, CA 95965

Bill Jones, California Secretary of State

Further, I declare under penalty of perjury knowing the laws thereof within the State of California that the foregoing is true and correct and that these documents were served by me personally as stated above and/or mailed and sealed as stated above within the California Republic.

DATED: March ____, 2002 ______________________________________ ______AM/PM

Dan H. Bailey5768 Thoreau LaneParadise, California County of Butte--by Lawful Service530-872-8077

Nelson Kenyon3359 Steele DriveBay Point, California County of Contra Costa-by lawful Service925-458-5002

3rd appellate pleading template - angelfire case do… · web viewplease count the words of said...

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