DMVP "Writ of Enforcement" for $20M "Lien"

[wserra]

David has filed a "Petition for Writ of Enforcement" in USDC Colorado (docket 09-3001) for the $20M "lien" he "filed" against the state court judge in his own case. The filed copy is a scanned image, making it difficult to quote without software I don't have at home. Basically, he attempts to choose his own judge (CJ Wiley Y. Daniel, as though that would help) to issue a "writ of enforcement" for $20M against the State of Colorado. His certificate of service only notes that he served the Court, not opposing parties (although there are no "opposing parties", since there was no lawsuit in the first place). So David is seeking to have a judge he designates "enforce" a non-existent lien against parties which were not served supposedly resulting from a lawsuit which never existed. Other than that, it's a classic piece of jurisprudence.

I know you're reading this, David. It is likely that this will result in a quick denial/dismissal and nothing more. However, you are risking certain things by doing this stuff. There are sanctions, of course, and vexatious litigant declarations. But this is uncomfortably close to the Freemen stuff you already did time for. You don't need this.

[Doktor Avalanche]

Save your breath, Wes. He's already stepped in it up to his eyeballs.

[Nikki]

Not surprisingly, his posts, as well as most of the others in the thread, are extremely confusing to the extent it is difficult to determine what is actually going on.

However, yesterday evening, he posted a reference to US CODE: Title 18,1521. Retaliating against a Federal judge or Federal law enforcement officer by false claim or slander of title along with a mention of the U. S. Government as plaintiff.

It would be interesting to determine if there's a counter-action lodged against him regarding 18USC1521. Of course, even if there is, he won't recognize it until he hears the "CLANG."

[fortinbras]

18 USC §1521 was adopted only a couple of years ago, as part of a "court security" law -- but it doesn't apply only to judges or only to court personnel. The section is so written that it protects every federal employee (including, for example, IRS employees). The hearings on the bill show that it was intended to stop the sort of bogus liens that have been used against judges, IRS employees, etc.

It doesn't criminalize DVP's bogus lien against a state court judge, but I would think that Colorado has its own law penalizing the filing of false papers.

[wserra]

Not surprisingly, his posts, as well as most of the others in the thread, are extremely confusing to the extent it is difficult to determine what is actually going on.

True, but (looking at the various posts there) I think I have.

Another poster points out that the docket sheet header says "Jurisdiction: U.S. Government Plaintiff". If you have ever filed ECF, you know that you must select many things from drop-down menus, so that the system can keep track of type of case, type of document filed, filer, etc. I am sure that it is the same for clerks. So, on a holiday week, some clerk is faced with something written in VanPeltish, and doesn't want to take the time to figure WTF it may be. One of the things the clerk must enter when opening a new docket is the basis for federal jurisdiction; s/he, for some unknown reason, selectes "U.S. Government Plaintiff" from the drop-down. IPOF, of course, there is no federal jurisdiction; there is no lawsuit at all. But it is not within the clerk's power to dismiss even a non-lawsuit, so this gets placed on the docket.

David then goes into full conspiracy mode, postulating that "the clerk of court is encouraging the US DoJ to pursue charges" - as though a clerk would do such a thing, or even care to try. David later thinks better of this, and writes that it is "a matter of convenience for the clerk to demote me to servant status of US Government as the plaintiff to conform to a process that is traditionally reserved for the US government".

What in all likelihood really happened: clerk thinks "I have no idea what this gibberish is, but a judge will soon dismiss it, and it makes no difference what I put on the docket sheet". Not saying that it was this clerk's attitude, but I once saw a sign on a court clerk's desk: "Excuse me, sir, but you have obviously mistaken me for someone who gives a shit".

[LPC]

I've got the OCR software that Wes lacks, so here's the text (without attempting to correct errors introduced by the software) of the latest blot on the docket:

FILED
UNITED STATES DISTRICT COURT
DENVER. COLORADO
DEC 28 2009

In the United States District Court
for the District of Colorado

08-MC-0066 DANIEL

David Merrill
v.
State of Colorado Capital Finance
Corporation

Petition for Writ
of Enforcement
----------~-------------------------------------------
Comes now David Merrill of the Van Pelt family in his true name requesting the honorable Wiley Young DANIEL please authorize a writ of enforcement for collection of an outstanding lien perfected against the named principal State of Colorado Capital Finance Corporation. The named principal has already been notified of the billing process through agency and the secretary of state.

The foundation of the law here is the 'saving to suitors' clause of 1789, now codified at Title 27 U.S.C. §1333 saving remedy as applied through §16 ofthe Federal Reserve Act codified at Title 12 U.S.C. §411 allowing the demand of lawful money. Some interpretation is necessary to recognize David Merrill's absolute right to decline position oftrustee for the constructive trust DAVID MERRILL VAN PELT in the legal or full name David Merrill V AN PELT or David Merrill Van Peh.

David Merrill is a man 51 years of age. David Merrill will be referred to in the first person as I am writing this petition. I am David Merrill.

The State of Colorado Capital Finance Corporation is identified through the secretary of state as a "Domestic entity" by ID Number 19881011067. Heidi 1. DINEEN apparently e-filed Articles of Reinstatement on or around 8/8/08 and that was filed with the Colorado Secretary of State at 2:27 pm as Document Number 20081423878. The Registered Agent street address is 1525 Sherman Street, 7th floor, Denver, Colorado. [80203] (Appropriately one floor above the state attorney general's office.) The State of Colorado Capital Finance Company is accepted to be the fiduciary responsible for compensating any torts caused by misconduct of Colorado judicial officers who violate their oaths of office as fungible fidelity bonds - ''fidelity bond" or "oath" from here out in this petition.

In accordance with US notes of 1864 and formation of cestui que trust indenture IN GOD WE TRUST Kirk Stewart SAMELSON swore and subscribed his oath of office as district court judge of the Fourth Judicial District on January 14th, 2003 as attested to by Gilbert MARTINEZ who was at about that time the chief judge there. It is marked received on January 15th, 2003 by the secretary of state file clerk. It attests to being sworn in the presence of the ever-living God.

John William SUTHERS likewise has sworn fidelity bonds on file. In 2005, upon being reminded by somebody requesting a Certificate of Fact SUTHERS had not filed his oath yet (60 days tardy according to the state constitution) he hurried to get his oath filed and it reflects that he indeed swore the oath before Mary 1. MULLARKEY chief justice and active attorney #5430 ofthe state supreme court on January 7th, 2005 but did not subscribe the fidelity bond until May 3rd, 2005. The oath verbiage may be hurried and fails to reflect the same cestui que trust in a higher Power to resolve the balances. It may be understandable in that John William was called on running the office of district attorney vacant for eight years and cleaned out his office several weeks before he could have, the next morning. The secretary of state is reported to have told the man inquiring about John William's oath they do not furnish Certificates of Fact on missing oaths anymore because they catch too much flak. The man informed the secretary he would be back the next day with their mission statement and received a phone call as he was leaving Denver saying John William had already faxed his oath of office and would he please come get a free copy. He declined to go through the trouble to get a free copy by fax and got a certified copy of the fidelity bond the next day.

On January 9th, 2007 John William SUTHERS subscribed an oath in accord with the cestui que trust IN GOD WE TRUST, mentioning SWEAR BY THE EVERLIVING GOD. It was received on January lOth and filed on January 11th, 2007 at Reception # 20075601884.

In hearings arising from a non-event with no charges on or around late August, 2008 I had already informed chief judge Kirk Stewart SAMELSON that he would not be allowed to practice law and would be bound to honor my rights, citing the state bill of rights and his own oath of office. He seemed insistent on proceeding to try me for an event that had occurred in 2004. In good faith my abatement process indexed JUDGMENT at the county clerk and recorder stipulated SAMELSON or the clerk of court, in fact anyone reading the case file could contact me and I would report to the jail within four hours, costing the state nothing more than the phone call, should there be any arrest warrant arising from failure of the abatement. On 10/6/08 I notified SAMELSON that I would be charging him $10,000,000.00 for performing at any trial he ordered and even inquired ifhe would like that notice in writing prior to placing his order. After some discussion about arraignment, he decided I was arraigned after coercing me to plead and placed his order, specifYing a trial date and a trial readiness date the week prior. He waived his written notice by insisting to order that day in that hearing.

I billed him against his fidelity bond before the trial readiness hearing on 11110/08. On the Trial Day I arrived on time and ready for trial only to find that SAMELSON had double-booked the room and that the prosecution had no witnesses to testifY against me. Since I had acted in good faith to be ready for the performance I inquired and SAMELSON indeed admitted he had ordered a trial that day and I was on time and in the correct courtroom. My daughter was in town and arrived a few minutes later, so she did not see me, but she sat down with my former wife, her mother to watch the more important trial adjourn for no apparent reason. It would seem it was a sham to avoid becoming obligated to pay me our agreement.

Here is a good time to explain that the main reason for such a steep charge on my part is that the trial was vexatious from the start. I call the violation of my speedy trial right "indefinitely deferred arrest warrant" but found out when the prosecutor had finally given up putting me through the shredder for a plea bargain that this tradition or innovation is called "deferred arrest". Regardless of what you want to call it, it is a tradition foreign to me and my common law referred to in this fine district court's 1789 Judiciary Act, Chapter 20, Page 77 - 'saving to suitors', in all cases the right of a common law remedy, where the common law is competent to give it. And going on, and shall also have exclusive original cognizance of all seizures on land, ... "Based in the latter remedial clause I opened this evidence repository under the header Habeas Corpus of David Merrill. I will assure this honorable district court and cbief judge Wiley Young DANIEL that at no time was I ever arraigned into the court and would never consent fur myseIfto be subject to any jurisdiction where I might lose any God-given unalienable rights like assured in the original Magna Carta of 1215 and other widely understood mutual understanding of western Judeo-Christian based law; Specifically, the right to a speedy triaL

The violation seems to have manifested primarily in Kirk Stewart SAMELSON possibly in collusion with the district attorney John William SAMELSON (principal) to put the 2004 incident under Review fur five years and three days as reflected in a Register of Action purchased in November of 2008. Several weeks later in January of2009 I noticed the notation had been vacated from the Register of Action and brought this matter to your attention in Document 3 in this evidence repository. It so happens on Trial Day, before I left the courtroom I expressed to SAMELSON that I was concerned about the lack of witnesses available to the prosecution mainly because 'Of the severely latent trial. I reminded SAMELSON that right there in the case jacket is my promise to report to jail within four hours should there be any warrants, should the abatement for misnomer fail, and that I had provided a phone number to a cell phone 2417 to contact me in any such event. SAMELSON informed me, and it says so on the record, that the police were allowed to defer arrest and it was entirely up to them when to execute an arrest warrant. Which of course is simply not true in any law system scenario in America. I have even asked police officers if they have ever thought they could identifY a man with an arrest warrant and not execute it? Short exigent circumstances the several officers I have asked agree that would violate my right to a speedy trial to defer or delay my arrest.

Here I should mention that I processed a Past Due Notice about the $20M bill through SUTHER's agent the district attorney and through SAMELSON's court on December I, 2008; I year ago to the day as I write this petition. That past due notice is page 5 of27 pages of the Finance Statement (lien) published at the secretary of state on 117/09 at Reception #20092001574.

In conclusion and on the character of the trust involved I should inform the court that Kirk Stewart SAMELSON reneged on our cestui que agreement within a week after the Finance Statement was published at the secretary of state's office. I have attached to this petition his new bond subscribed on January 13th, 2009 and received on January 14th, filed at Reception #20095601593 on February 27th, 2009. I speculate some legality in place about restructuring caused the secretary of state to wait so long before publishing the new fidelity bond. But if you look, you will see it is not in alignment with the cestui que trust of 1864 - IN GOD WE TRUST.

Therefore, I petition this honorable federal district court to please instruct the clerk of court to change the title of this miscellaneous case jacket to David Merrill v. State of Colorado Capital Finance Corporation and draft an appropriate writ of enforcement on my $20M lien and issue an Order for the State of Colorado Capital Finance Corporation to deposit $20,000,000.00 in funds to an account at Fidelity Bank with me and/or my sister Martha Jeanne V AN PELT (she having certain power of attorney in my affairs), having access to those funds redeemed in lawful money pursuant to Title 12 U.S.C. §411. Identify me in only my true name David Merrill and by my right thumbprint, which I will provide to them here and at any time for verification I am actually myself.

David Merrill

[Judge Roy Bean]

It not only fails on jurisdictional grounds, the motion fails to state a claim for which relief can be granted.

In the Van Pelt world, ordinary events take on special and often sinister meaning. Some events can become obsessively important and extraordinary efforts are made to reinforce that importance in the eyes of other people.

Obviously, Van Pelt hasn't gotten any help despite the earlier diagnosis.

[Joey Smith]

It is meaningless gibberish, no better than if somebody had torn a few pages out of Black's Law Dictionary and thrown them into the Cuisinart and then attempted to form a brief out of the shreds.

[fortinbras]

As a matter of fact, mushing together scraps of Black's LD would be assured of better spelling, grammar and punctuation than you'd see in those guy's briefs.

It turns out that Colorado has its own law about making economic threats such as bogus liens against govt employees; CRS §18-8-306.

[Pottapaug1938]

I pity this guy's future cellmates. Can you imagine being in prison for something, and having a cellmates who subjects you to this sort of drivel? That almost would rise to the level of cruel and unusual punishment. It might be best if Davey-boy spends his time in the Graybar Hotel in a single cell/room, since his cellmates might get tired of listening to him and/or get p*ssed off at Davey when they find out, for example, that the Magna Carta is essentially meaningless in modern jurisprudence.

[cynicalflyer]

As a matter of fact, mushing together scraps of Black's LD would be assured of better spelling, grammar and punctuation than you'd see in those guy's briefs.

It turns out that Colorado has its own law about making economic threats such as bogus liens against govt employees; CRS §18-8-306.

Also, see C.R.S. 38-35-202: no county clerk is obligated to take what they think is a spurious lien "against a federal official or employee or a state or local official or employee".

[cynicalflyer]

I pulled the PACER docket and read over some of the docs, too. Seems DMVP is up to his neck in some sort of criminal proceeding against him involving his mother, a restraining order against him, and not one but two court ordered psych consults he appears to have blown off, at least one of which was directly tied to this phony $20M "lien". He also attached as an exhibit to one of his...document...the UCC filing he made. The Secured Party Name is classic DMVP:

First Name - David
Middle Name - Merrill
Last Name - "No LAST, legal or full name"

He also dodged giving his address, making it c/o the process service company's address.

Colorado UCC Record
Debtor Information
Name: STATE OF COLORADO CAPITAL FINANCE CORPORATION # 19881011067
Address: 1525 SHERMAN ST DENVER, CO 80203
DENVER, CO 80203-1714

Secured Party Information
Secured 1
Name: LAST, N O
Address: 115 E VERMIJO AVE STE 202 COLORADO SPRINGS, CO 80903
COLORADO SPRINGS, CO 80903-2008

Secured 2
Name: FULL NAME, DAVID MERRILL
Address: 115 E VERMIJO AVE STE 202 COLORADO SPRINGS, CO 80903
COLORADO SPRINGS, CO 80903-2008

Filing Information
Original Filing Number: 20092001574
Original Filing Date: 1/7/2009
Filing Agency: SECRETARY OF STATE/UCC DIVISION
Filing Agency Address: 1560 BROADWAY
DENVER, CO 80202

Filing Type: INITIAL FILING
Filing Number: 20092001574
Filing Date: 1/7/2009
Filing Expiration Date: 1/7/2014
Vendor Entry Date: 1/22/2009
Vendor Update Date: 2009

[wserra]

Seems DMVP is up to his neck in some sort of criminal proceeding against him involving his mother, a restraining order against him, and not one but two court ordered psych consults he appears to have blown off, at least one of which was directly tied to this phony $20M "lien".

Well, yeah.

It's been discussed in this lengthy thread, and this one, and this one, and this one, and this one and in passing on several others.

Kinda like a train wreck.

[grixit]

Can we get PAM to arrest him by mail?

[notorial dissent]

Times like this I'm really sorry that Nottingham has retired, he was ever so fond of Merril's brand of gibberish, and he always disposed of it so expeditiously. Maybe Wiley will finally grow a pair and put an end to this. Or maybe he'll finally annoy the state of Colorado sufficiently that they will do something about it. One can but hope.

[David Merrill]

Filing Information
Original Filing Number: 20092001574
Original Filing Date: 1/7/2009
Filing Agency: SECRETARY OF STATE/UCC DIVISION
Filing Agency Address: 1560 BROADWAY
DENVER, CO 80202

Get a look for yourselves: http://www.sos.state.co.us/biz/Business ... eriaExt.do

How did you like that DORA complaint?

I pulled the PACER docket and read over some of the docs, too. Seems DMVP is up to his neck in some sort of criminal proceeding against him involving his mother, a restraining order against him, and not one but two court ordered psych consults he appears to have blown off, at least one of which was directly tied to this phony $20M "lien".

That BERMUDEZ - such a state-ordered sock puppet. Point out where I speak about government conspiracy, misuse of the law and find where I mention my $20M lien too please. He expressly says I spoke to him about these points in his Report. Can you say perjury? Point these out by Minute Mark if you would.


http://video.google.com/videoplay?docid ... 0951&hl=en


By the way, NOTTINGHAM resigned in disgrace, albeit he gave me plenty of word salad to work with. Like this bill of exchange that perfected judgment (30 days) on September 11, 2001!

http://ecclesia.org/forum/images/suitors/BOE1.gif
http://ecclesia.org/forum/images/suitors/BOE2.gif

I Requested that Jin RENQING ignore PAULSON's request to unpeg the Yaun from the Dollar on August 13, 2007 upon that same BoE. He listened.

Request

H.E. Mr. Jin Renqing
Finance Minister of PRC
#3, Sanlihenansanxiang Street, Beijing, 100820


Please note the ranking of Account Balances according to the CIA:
https://www.cia.gov/library/publication ... 7rank.html

1 China $ 179,100,000,000 2006 est.
2 Japan $ 174,400,000,000 2006 est.
3 Germany $ 134,800,000,000 2006 est.
… …
161 United Kingdom $ -57,680,000,000 2006 est.
162 Spain $ -98,600,000,000 2006 est.
163 United States $ -862,300,000,000 2006 est.

Please ignore any and all requests, especially from IMF Governor Henry Merritt PAULSON to re-peg the Renmindi to the Dollar. Please continue to devalue the renmindi.

https://www.cia.gov/library/publication ... os/ch.html

“In July 2005, China revalued its currency by 2.1% against the US dollar and moved to an exchange rate system that references a basket of currencies.”

I wish to substantially devalue the debt amount on my Bill of Exchange (attached), by August 13, 2007.

Attached:
BOE #201099293
Proof of Service #201101604

Thank you,



_________________________
David Merrill.

Jin was quickly retired after that one. [I think that may mean executed in Chinese. Google him.* I let NOTTINGHAM off easy.] The BBC World News attibuted Northern Rock's demise to That Fateful Day, Monday August 13th. Which of course was the trigger for the Subprime Market Crisis and Global Financial Crisis too.

But I am trying to keep up with the Show. Sorry I took so long.



Regards,

David Merrill.


* http://www.chinaventurenews.com/5022671 ... esigns.php

RENQING never reported to his new post. He is completely sequestered in jail, maybe he is dead.

[.]

word salad

And the king of word-salad marches on, even as he remains incapable of properly punctuating his accurate description of his own blathering.

Lo and behold, it is now revealed that he moves exchange rates and sovereign economic behavior, merely by concocting new, improved word-salad.

The possibilities are endless, but all of them seem to wind up in a rubber room.

[wserra]

I Requested that Jin RENQING ignore PAULSON's request to unpeg the Yaun from the Dollar on August 13, 2007 upon that same BoE. He listened.

I requested that God give the Earth a moon, so that kids could have more fun building sand castles at ocean beaches. He listened.

Look up "post hoc ergo propter hoc".

BTW, David, I deleted a double post of yours. The only difference that I saw was the * added URL at the end of the second one, so I left that one.

[cynicalflyer]

Seems DMVP is up to his neck in some sort of criminal proceeding against him involving his mother, a restraining order against him, and not one but two court ordered psych consults he appears to have blown off, at least one of which was directly tied to this phony $20M "lien".

Well, yeah.

It's been discussed in this lengthy thread, and this one, and this one, and this one, and this one and in passing on several others.

Kinda like a train wreck.

Sorry, I was unawares it had been so completely vetted previously (I usually just stick to this board, only).

[fortinbras]

Making fun of DVP is only slightly less reprehensible than making fun of the mentally handicapped. Maybe it falls into the very same category.