Beginning of May 5, 2019 Update (Updated as of 5-13-19), which includes Proof of Service (for the third time) via Service Processor upon the Defendant, April 27, 2019 in the State of Georgia…. as well as other relevant Wake County, North Carolina Case filings (Injunction, Arrest Warrant (2nd), etc.), an Update and a few more thoughts, post April 25, 2019 Hearing…
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Hello Everyone!!!
Before I get started…
I’d like to take a brief moment to send my warmest regards and sincerest congratulations to the parents and family members of Genuine, Bold… AND Brave son of Harry! May he reign supreme in every aspect of his life, setting a good example for both sides of his family and his heritage. LOL… Continue to “Dream Crazy”!!!
I’ll try my best to shorten this update by skipping over most, if not all interpretation of the April 25th court hearing. Subsequent negotiations are at play and the Court and / or Judge Walczyk of Wake County, North Carolina has quite a bit to settle on (not determine because the evidence is already in the Wake County, North Carolina and the Federal Court case record) via Order of the Court.
Yesterday, I reminded (paraphrased here) Judge Walczyk (the Court) that while I know that it is her desire to continue denying Spencer, my family and I access to our inalienable constitutional rights (what politicians refer to as collateral damage) and / or basic human rights (Habeas Corpus) in order to protect her judicial colleagues and the reputation of her profession as a whole, at some point the constitution must prevail.
Further… Spencer, my family and I deserve a normal, settled life and existence that does not include being forced to live under threat or being forced to “kick a ball” so that a corporation can make billions of dollars in sponsorship money off of Spencer, my biological child that has never or will never trickle back down to Spencer, immediately or even in the near future. He is not a professional athlete under a contract that will earn him a salary or signing bonus. This is aside from the fact that he deserves to have a normal childhood before his childhood is over and done with. I won’t even go over the other very troubling issues with the Courts (Judge Walczyk in this instance) use of “Discernment” over the past ten (10) years, which has been designed to protect the best interests of a few high profile politicians and judicial officers of the court and ultimately their political agenda, rather than Spencer, my family and I or millions of other African American Descendants of Slaves (what politicians refer to as collateral damage).
Additionally, I reminded the Court (Judge Walczyk) that Spencer will need to be registered for school in the State of North Carolina by this Friday, May 10, 2019 and / or out of the State of Georgia in order to accept his 2019-2020 scholarship award for private school tuition. All of his close first cousins have attended or are currently attending private school. I should also mention that I have no qualms (whatsoever) with sharing this need based scholarship information. The State of Georgia and the State of North Carolina intentionally fleeced my family and I out of millions of dollars in court fees, lost wages, etc. over the past 10 years, minimally. I also skip taking a moment to go over the historically proven ails of this nation, which have also impacted our current financial circumstances as African American Descendants of Slaves. I’ll just simply say that we could use the financial assistance. However, I do look forward to the day when ALL of my inalienable constitutional rights have been rightfully restored, especially the fraudulent felony (Habeas Corpus and without Due Process) for requesting my legal right to see my own biological child, Spencer is off of my record. Having the ability to pass background checks for more meaningful employment is paramount to multiple aspects of a persons life, including employment, housing, educational, etc. opportunities.
I also don’t know, nor do I care what else Judge Walczyk’s (the Court’s) State of Georgia judicial colleagues have or are attempting to negotiate on their behalf as an “agreement” in these (now) State of North Carolina jurisdictional cases.
Whatever it is, the answer is NO. They have stolen / used (as political collateral damage) 10 years’ worth of Spencer’s, my families and my life to “figure it out” and they chose not to. In as much, the court (Judge Walczyk) should provide absolutely no more consideration for their best interests or needs. The first hearing to obtain a Domestic Violence Order of Protection was November 30, 2019. The second hearing to obtain a final order of protection was January 8, 2019, wherein the licensed and professionally trained defense Attorney (15+ years) – Defendant failed to appear, but chose to hire a service processor to have me served on matter in the State of Georgia in open court.
Since the State of Georgia Judges, Politicians, etc. appear to insist on weighing-in on State of North Carolina jurisdictional cases, I would like to invite them to do so LEGALLY in the State of North Carolina. As Attorney’s, they are fully aware that they have the legal right and option (unlike me… I have been banned via Order of the Court from filing anything in the State of Georgia since year 2013) to weigh-in on the cases and / or file (Motions, etc.) a legal argument for more time to screw up Spencer’s, my and my families lives at any point, rather than continue on with frivolous backroom discussions. Yes, it’s true… I also have the legal right to provide a response to their personal and professional needs and desires / filings with a formal “absolutely no” filing, which will be supported by State and Federal Statute, but at least they will be preserving their standing / legal grounds before the high court.
Back to my main point (again)… all of this circular reasoning and / or corruption based on “judicial discernment” that relies on rumor and lies designed to protect the best interests of individuals who don’t even have the courage to legally defend themselves, their choices or their legal actions in open or written court, must end. In as much, to help hasten the 10 year long saga of backroom discussions and corrupt judicial decision-making and / or “Discernment”, I sought and filed the following court documents as additional evidence, May 1, 2019…
- Subpoena (Service Processor who severed the Defendant for the third time in the State of Georgia on April 27, 2019) for Affidavit/ Proof of Hire, Photograph’s and Signed / Notarized Wake County, NC Court Documents (including the Summons)…. PLUS May 9, 2019 Notice of Filing of State of Georgia Service Processor Affidavit with Original Signature – Case No. 18CV014434
2. Subpoena (Service Processor who severed the Defendant for the third time in the State of Georgia on April 27, 2019) for Affidavit/ Proof of Hire, Photograph’s and Signed / Notarized Wake County, NC Court Documents (including the Summons) )…. PLUS May 9, 2019 Notice of Filing of State of Georgia Service Processor Affidavit with Original Signature – Case No. 18CVD500442
*Please See Photos under “1.” as a reference. The documents are the same, but this pleading for Case No. 18CV014434 has been filed under separate case number 18CVD500442.
3. Motion to Compel / Motion for Contempt for the Service Processor who severed the Defendant for the third time in the State of Georgia on April 27, 2019, but decided to submit an Affidavit of Service without Photographs or Signed Summons, etc. – Case No. 18CV014434
4. Motion to Compel / Motion for Contempt for the Service Processor who severed the Defendant for the third time in the State of Georgia on April 27, 2019, but decided to submit an Affidavit of Service without Photographs or Signed Summons, etc. – Case No. 18CVD500442
*Please See Photos under “3.” as a reference. The documents are the same, but this pleading for Case No. 18CV014434 has been filed under separate case number 18CVD500442.
5. Motion to Amend Case Number on March 12, 2019 Order to Stay – Case No. 18CV014434
6. Motion to Amend Case Number and Caption on April 25, 2019 “Order to Continue Order to Appear and Show Cause” – Case No. 18CVD500442. I should mention that I spoke with the Clerk in the special Domestic Violence Unit and she advised on Friday, May 3, 2019 that the correct Order is now available for pick-up, but she (as the Clerk) can not mail me a copy of the Order. In as much, I emailed Judge Walczyk’s (the Courts) Staff Attorney to request that they email or mail a copy of Judge Walczyk’s (the Courts) Permanent / Final Order.
*Please See Photos under “5.” as a reference. The documents are the same, but this pleading for Case No. 18CV014434 has been filed under separate case number 18CVD500442.
7. Motion to Take Judicial Notice of Adjudicative Facts (formerly places the State of Georgia Service Processors Affidavit, Request for Hire, Invoice / Payment Receipt into the State of North Carolina record) – Case No. 18CV014434
8. Motion to Take Judicial Notice of Adjudicative Facts (formerly places the State of Georgia Service Processors Affidavit, Request for Hire, Invoice / Payment Receipt into the State of North Carolina record) – Case No. 18CVD500442
*Please See Photos under “7.” as a reference. The documents are the same, but this pleading for Case No. 18CV014434 has been filed under separate case number 18CVD500442.
9. Application and Order for Defense Expert Witness Funding… “in Non-Criminal Cases at the Trial Level” for the State of Georgia Service Processor to provide reimbursement for Service Processor fees under 50B as well as any other additionally legal expenses related to Judge Walczyk’s (the Court) desire to have multiple forms of service executed upon the Defendant – Case No. 18CV014434
10. Application and Order for Defense Expert Witness Funding… “in Non-Criminal Cases at the Trial Level” for the State of Georgia Service Processor to provide reimbursement for Service Processor fees under 50B as well as any other additionally legal expenses related to Judge Walczyk’s (the Court) desire to have multiple forms of service executed upon the Defendant – Case No. 18CVD500442
*Please See Photos under “9.” as a reference. The documents are the same, but this pleading for Case No. 18CV014434 has been filed under separate case number 18CVD500442.
11. Petition for Expert Hourly Rate Deviation… “in Non-Criminal Cases at the Trial Level” for the State of Georgia Service Processor to provide reimbursement for Service Processor fees under 50B as well as any other additionally legal expenses related to Judge Walczyk’s (the Court) desire to have multiple forms of service executed upon the Defendant – Case No. 18CV014434
12. Petition for Expert Hourly Rate Deviation… “in Non-Criminal Cases at the Trial Level” for the State of Georgia Service Processor to provide reimbursement for Service Processor fees under 50B as well as any other additionally legal expenses related to Judge Walczyk’s (the Court) desire to have multiple forms of service executed upon the Defendant – Case No. 18CVD500442
*Please See Photos under “11.” as a reference. The documents are the same, but this pleading for Case No. 18CV014434 has been filed under separate case number 18CVD500442.
13. May 5, 2019 (2nd Filing) Pleading on Motions for Case No. 18CV014434, which includes the State of North Carolina Statutes along with the Federal Statues, etc.
A. Motion for Emergency Relief, Permanent Protective Order and Temporary Custody
B. Motion for Joinder Parties, Motion for Joinder / Consolidation of Cases under Rule Class actions.
C. Motion to Amend Complaint and Caption to include al Et. Al Defendants as provided in U.S. Court of Appeals Fourth Circuit Case No. 17-2428 and 18-1970 under Rule 23. Class actions.
D. Motion for Default Judgment under Class Action Lawsuit
E. Motion to Expedite Cases
F. Motion for Judgment on Pleading under Class Action Lawsuit
G. Motion for Summary Judgment under Class Action Lawsuit
H. Motion for Intervention
14. May 5, 2019 (2nd Filing) Pleading on Motions for Case No. 18CVD500442, which includes the State of North Carolina Statutes along with the Federal Statues, etc.
A. Motion for Emergency Relief, Permanent Protective Order and Temporary Custody
B. Motion for Joinder Parties, Motion for Joinder / Consolidation of Cases under Rule Class actions.
C. Motion to Amend Complaint and Caption to include al Et. Al Defendants as provided in U.S. Court of Appeals Fourth Circuit Case No. 17-2428 and 18-1970 under Rule 23. Class actions.
D. Motion for Default Judgment under Class Action Lawsuit
E. Motion to Expedite Cases
F. Motion for Judgment on Pleading under Class Action Lawsuit
G. Motion for Summary Judgment under Class Action Lawsuit
H. Motion for Intervention
*Please See Photos under “13.” as a reference. The documents are the same, but this pleading for Case No. 18CV014434 has been filed under separate case number 18CVD500442.
15. May 13, 2019 (3rd Filing) Pleading on Motions for Case No. 18CV014434, which includes the State of North Carolina Statutes along with the Federal Statues, etc.
A. Motion to Amend Complaint and Caption to Include Additional Names et. al. Defendants.
B. Application for Writ of Habeas Corpus (2nd Filing)
C. Motion for Preliminary Injunction
D. Warrant for Arrest for all et. al. Defendants as named and listed in all State Proceedings and all Federal Court Proceedings above the Names States listed under the complaints. (2nd Filing)
16. May 13, 2019 (3rd Filing) Pleading on Motions for Case No. 18CVD500442, which includes the State of North Carolina Statutes along with the Federal Statues, etc.
A. Motion to Amend Complaint and Caption to Include Additional Names et. al. Defendants.
B. Application for Writ of Habeas Corpus (2nd Filing)
C. Motion for Preliminary Injunction
D. Warrant for Arrest for all et. al. Defendants as named and listed in all State Proceedings and all Federal Court Proceedings above the Names States listed under the complaints. (2nd Filing)
*Please See Photos under “15.” as a reference. The documents are the same, but this pleading for Case No. 18CV014434 has been filed under separate case number 18CVD500442.
17. May 13, 2019 (6th Filing) Submission Cover Sheets for Motions to be decided on without a hearing, as filed with the Wake County Courthouse Clerk of the Courts and mailed (via Certified mail) to Judge Walczyk’s Staff Attorney. – Case No. 18CV014434
18. May 13, 2019 (6th Filing) Submission Cover Sheet for Motions to be decided on without a hearing, as filed with the Wake County Courthouse Clerk of the Courts and mailed (via Certified mail) to Judge Walczyk’s Staff Attorney. – Case No. 18CVD500442
*Please See Photos under “17.” as a reference. The documents are the same, but this pleading for Case No. 18CV014434 has been filed under separate case number 18CVD500442.
Also… as usual, someone had a “brilliant” idea about how I should happily (paraphrased) move forward with my life without 1. any restoration of my “inalienable” constitutional rights or basic human rights (Spencer – Habeas Corpus); 2. having the ability to have the fraudulent felony charge of requesting my legal right to see my own biological child, Spencer removed from my record (requires a Judicial Order based on legal error), so that I can once again pass background checks for meaningful employment, etc.; 3. having the ability to live in my own home and no-longer having to live under threat, amongst other things.
My response…
Hmmm…
Now wouldn’t that be beneficial (financially and otherwise)… for you AND your needs, the needs of your family and that of your community, organization, religion, customs, beliefs and ultimately, agenda. Yes, how convenient of YOU.
Now recall what I have already stated will be best for Spencer, my family and I as well as our community.
Thanks! Now carry on and I’ll do the same, until your concept of what I should accept as a citizens of the United States or America is elevated to match the actual – inalienable constitutional rights afforded me as a citizens of the United States of America…
I mean really, aren’t the excuses getting old. Plus, aren’t you the one that taught me (via a 10 year span) that business is business? If the answer to the question is yes, then why wouldn’t you expect me to take (unlike you) a legal – business is business approach to seeking the restoration of all of my basic human rights and / or “inalienable” constitutional Rights! Seriously, WHY would you expect me to want to accept less rights than I am afforded as a citizen of the United States of America, especially as an African American Descendants of Slaves WOMEN? WHY???
Kimberly
Title: Spencer’s Mom
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End of Message