IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY,
FLORIDA
CASE NO. 05-2005-CA-9048
Eugene E. Wilhelm and
Phyllis Wilhelm, husband and wife
Plaintiffs
vs.
Ronald Van Dyke as Trustee of the
Mary Annetta Horgan Revocable Living Trust,
SHRINERS HOSPITALS FOR CHILDREN,
Marion Johannesen, Sandra Oak and Bob Wilhoit
Defendants
vs.
NATIONAL CITY CORPORATION
Third-Party Defendant
__________________________________________/
Saturday, January 23, 2010 (amended Monday, January 25, 2010)
I continue to exercise the right to my own defense of the Mary A. Horgan Trust. Kerner v. Haines states that the response of one who is not schooled in the law does not need to conform to legal document format, and such response must be considered on the merit of its content and not merely construction. I am expressing FACTS in this case, AS I UNDERSTAND them.
Yesterday I began writing a counterclaim in the above court action. Unfortunately, I do not have time to prepare it properly in the time frame allotted before the scheduled hearing on this coming Tuesday at 9:00 A.M. Therefore, I will simply serve notice to the court and parties involved as to the action I will take at this time in response to the recent flurry of papers filed by the various attorneys involved.
As I begin, it is important to once again remind all parties that I am responding, not as a STRAWMAN or a CORPORATE PERSON, but as a freeman on the land. In addition, know that there are many freeman societies operating around the planet; and I was recommended to a particular society of visionaries because of my longstanding service to humanity, vis-à-vis the Mary Horgan Center, the Metagroups Community Calendar, and numerous other affiliations and services whose purpose is the spiritual enrichment and the awakening of the entire human society. I was interviewed and accepted into their private membership, linking me through membership to a broader global and even cosmic network of people working as emissaries of peace and justice based on truth. We work independently, yet in unison, as we share our empowering vision of a new paradigm that will provide workable solutions to the challenges that face humankind in this time of quantum change. I have a long and demonstrable history of such involvement, and was recognized in 2006 by Conscious Living Partnership as the “Heart of the Community … for having the vision, passion and heart to bring our community together.” Like Dr. Mary Horgan, this is my consuming passion and Divine calling. I sincerely believe that a simple, positive vision held and empowered by a dedicated few will provide the basis for a transformation of humanity and the salvation of our Earth. I work towards that end as part of a freemen and freewomen global network of alternative societies.
As lawyers and attorneys, you understand societies for, indeed, you are members of The Law Society. Like all societies, you have your own language; and though I try to understand that language as best I can, it seems filled with doublespeak and other duplicitous communication that fraudulently misleads the average person into giving up his or her natural rights as human beings. Even the Religious Freedom and Restoration Act that I reviewed in preparing my response because I thought I could use your own laws, which you require those to obey who are not yet spiritually awakened, to hold you individually and personally accountable for interfering in my spiritual practice, which was my counter claim. I continue looking for and at methods that protect the rights of ALL individuals against the system that continues to erode those God-given rights. That is your system, your society; and I am NOT a party to it or a member of it. It does not apply to me!
I have sought the advise of wise friends in my society and the metaphysical community. A common theme of their feedback is to speak your language and use your own laws against you, like the RFRA. I have been told that you ignore statements that are feeling based, which, to me, dehumanizes both you and those to whom you claim superiority and authority. Whether you understand or not, I will continue to speak with my own language from my heart while looking, as you do, for loopholes that will trap you in your own game. They exist; they always do in the convoluted and complex system as it has been devised.
In February 2009 I filed four documents at all primary levels of government, including the Court, to more firmly establish my humanity and God-given rights and responsibilities: (1) Affidavit: Declaration of Personal Independence…and Mutual Inter-Dependence; (2) Memorandum of Understanding; (3) Claim of Rights; and, (4) Recognition of Responsibility. I have repeated parts of those documents when responding to notices issued in this case. I remind you: since there was no rebuttal to any of my notices, they stand as law! I will repeat some of what is contained in those notices, which can be reviewed in their entirety at: http://www.metagroups.info/Ron%27sArticles.htm#F&S.
In my Memorandum of Understanding I wrote,
“As of February 2009, I, Ron Van Dyke, recognize that I was born into the matrix that denied the self-evident truth that I am equal with everyone else. No one is superior or has the right to make a demand or order another to do anything not in accordance with his or her free-will choice. No One! Not a king, president, lawyer, judge, law enforcement officer, ad infinitum … none hold rule except by consent of the governed. Having recognized this basic truth, I no longer consent to accept orders from the corporation operating under the UCC known as THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA, its officers, attorneys or any other court that dares attempt to deny my right to have my case be heard by a jury of my peers, of which I will say more in my Claim of Rights….
“I have learned that when the corporation known as THE STATE OF NEW YORK in the corporation known as THE UNITED STATES OF AMERICA issued a birth certificate (C030570118-1 –679A) in my name shortly after my birth, a virtual STRAWMAN was created as a corporate entity. In most courts and legal documents, it is this STRAWMAN, an artificial person that is named. Artificial persons have no rights, only liberties granted by the corporate states and legal entities operating fraudulently as de facto authorities. Of course I was totally ignorant of this until relatively recently.
“I hereby sever all claims against this STRAWMAN, which, by doing so, it is my intent to reestablish my individual sovereignty as a Divine Being in a human body. I declare all such claims to be null and void. Any and all involuntary and/or ignorant consent previously given was unconscious and is hereby recanted – revoked now and forever….
“It is my understanding from the aforementioned Declaration of Independence that governments derive ‘their just powers from the consent of the governed.’ I reiterate that I no longer give unconscious consent to be governed by the current system that had, heretofore, made me a virtual slave. Let this writ show that, henceforth, I am a Freeman on the Land.
“This Memorandum of Understanding is hereby filed as part of the Affidavit: Declaration of Personal Independence … and Mutual Inter-Dependence relating to CASE NO. 05-2005-CA-9048 and in conjunction with my Claim of Rights and Recognition of Responsibility. These become the supreme law under which I choose to be governed from this day forward. Recipients involved in related matters have until March 31, 2009 to respond, after which, as stated later in Claim of Rights, they automatically are understood as agreed to in principle. Thereafter, these matters become incontestable and form a lawful basis for conducting my life in peace.” [Emphasis added with boldface.]
Again, none of that was ever contested! I have been informed that you cannot contest, since you are operating as fictional persons, i.e., STRAWMEN. “The fiction cannot file an affidavit and non of its representatives would put his or her neck on the line to sign such if they were able. Your affidavit will trump their response.” I accept this as fact; and I invite you to contest it if you choose. Otherwise, the Court and ALL of its officers must accept it as fact in Common Law, which is the just Law of the Land!
The matter before the court deals with my STRAWMAN as indicated by ALL CAPS in its very title. For that reason, I need not even respond; doing so only as acknowledgement of your notices to the STRAWMAN created in my name by the System, common courtesy, and education…yours and mine.
Let me repeat what I said on December 23, 2009 with a change in #10.
Therefore, as a freeman, I will voluntarily allow the appointment of another trustee [or receiver] as requested with the following conditions.
1) The trust, as written and signed by Dr. Mary A. Horgan, shall be honored, and all disbursements not already made will be paid promptly upon sale of the property as outlined below.
2) I am to retain, without encumbrance or lien, the real property located at 473 Thomas Drive, Melbourne, Florida 32935 for the express purpose of dwelling therein as my homestead and continuing the ongoing spiritual work at the Mary Horgan Center established there in honor of Dr. Mary. (We all realize that the market value of this property has decreased substantially since its purchase at the height of the real estate market in 2005.)
3) All contents and personal property housed or otherwise stored at 473 Thomas Drive, Melbourne, Florida 32935 shall also remain unencumbered and without lien.
4) Marion Johannesen shall be paid $20,000 upon sale of the property; and he shall determine if there is to be any interest, and at what rate, applied to that sum which was the bequest left to him by Dr. Mary.
5) Bob Wilhoit shall be paid $8,000 upon sale of the property; and he shall determine if there is to be any interest, and at what rate, applied to that sum which was the $10,000 bequest left to him by Dr. Mary less the $2,000 already paid.
6) I shall waive reimbursement of the $2,000 paid to Mr. Wilhoit and the $20,000 paid to Sandra Oak, both in 2005, the latter in two installments of $10,000 each.
7) Upon the naming of a new trustee [or receiver], I shall be removed from all actions in this matter, and my role as trustee in the Mary A. Horgan Trust shall be deemed completed. I repeat, no further legal, financial or other action will result following my voluntary choice to step down as trustee, including trials, hearings and any other matters within the system. The case, insofar as I am concerned, will be forever closed.
8) The mortgage attached to the property located at 10090 South Tropical Trail in Merritt Island shall be dealt with totally and completely with proceeds from the sale thereof according to whatever agreement is reached by the remaining parties involved in the outcome.
9) Neither National City Corporation nor any other party involved in this matter shall be able to open any new proceedings that would involve me in relation to this case or any matters stemming there from.
10) I will have no further voice or involvement in any action regarding the sale or disbursement of funds... [originally] following the signing of this agreement and the subsequent sale of the Merritt Island property. You don’t need to sign anything. Mere appointment of a receiver or alternate trustee will constitute the Court’s full acceptance of these conditions I have added to the Trust with this Affidavit in January 2010.
I trust that all parties will recognize the fairness of my proposal presented here. Had there been no frivolous lawsuit filed, I would have done much better financially; but at this point, I just want it to be over. All of you lawyers, working together, can determine how you will divvy up the estate that you, even more than the plaintiffs, complicated with your own greed and delaying tactics.
I state these conditions as fact! They are not negotiable! The Trust remains the legal and lawful document in force and I am its lawful Trustee until it is proven otherwise by a jury trial of my peers in a common-law venue, which must be provided to ALL freemen and freewomen as required by our societies. Allegations are simply that: allegations! Any Corporate/Admiralty Court has no lawful jurisdiction to order otherwise. Any attempt to do otherwise, whether in your individual or corporate capacity, shall be deemed conspiracy to commit fraud. No property or records of any kind shall be voluntarily released to anyone at any time without my prior agreement. Again, there will be no voluntary submission to any authority other than the Creator. We are ALL equal under God! This has been established in my Memorandum of Understanding as quoted above and again here in this affidavit.
Once again, the papers filed against me allege that I have not fulfilled my fiduciary responsibly as Trustee of the Mary A. Horgan Trust. I remind you of the obvious: The lawsuit prevented me from fulfilling my duties in that regard. It is both unreasonable and unjust to prevent a person from fulfilling a duty, then blaming that individual for not fulfilling it. It was not my intent to get bogged down for over 4½ years playing games with attorneys and having the estate eaten up in legal fees. Had this matter been handled in a judicious manner from the beginning, a settlement could have been easily reached, the property sold, and everyone honored in 2005. I would have even been willing to provide the Wilhelms with a generous stipend similar to that received by Sandra Oak and promised to Marion Johannesen, which is something, as I have said previously, I encouraged Dr. Mary to do as we helped her in preparing her Trust documents. She was adamant in her refusal. This is reiterated in the videotaped will, which was my private property confiscated by Mr. Robert Bickford who was my attorney in this matter.
Speaking of Mr. Johannesen and Mr. Bickford, I have spoken at least three times in the past few days to Mr. Johannesen who was totally unaware of any documents being filed in his name and purportedly on his behalf. Following our conversations, there was a document prepared and sent to him electronically as follows…
Affidavit
I, Marion Johannesen, recently became aware that Robert E. Bickford, P.A. has been filing legal papers in my name IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA, CASE NO. 05-2005-CA-009048.
Let it be known that I have not communicated with Mr. Bickford over the past few years; and I have only ever paid him $200.00 (US) total for drafting papers related to the above-named case in 2006. He is not my attorney; and he has no right to speak on my behalf.
By affixing my signature to this affidavit, I do solemnly swear that the above is true and accurate to the best of my recollection. Furthermore, I demand that Mr. Bickford cease and desist all claims to be representing me in this matter before the court, and that all papers he has filed in my name subsequent to 2006 be deemed null and void by the court.
At the time we were discussing these matters, Mr. Johannesen requested that I provide him with contact information for Mr. Bickford, which I did. He called Mr. Bickford yesterday (1/22/10) and they discussed the matter. He became convinced after that conversation that Mr. Bickford was “watching out for my interests” in the matter, and therefore decided not to get the affidavit notarized as we had discussed, even though he agreed that it seemed strange to him that Mr. Bickford would speak for him without first consulting with him in the matter. Like many, he is simply afraid of the system itself, and so refuses to hold Mr. Bickford to a higher standard. I don’t!
I point this out to show the duplicity of many lawyers and why it is that I do not trust them in general, including judges who are nothing more than glorified attorneys. This is not to say that there are no honorable lawyers or judges; there certainly are many, no doubt. However, the system itself—banking, multi-national corporations, courts, government and the main-stream media—is so rife with fraud and deceit that maintaining integrity for anyone in these fields is very difficult indeed. The system is simply corrupted to the point where obtaining justice based on truthfulness is well nigh impossible.
In the cross complaint I began preparing yesterday, I was going to bring personal charges against individuals involved in this massive conspiracy to commit fraud against the Mary Horgan Trust and me personally. As I prepared the text and thought deeply on the matter, I realized that is NOT what I really want to do, although it is ethically and lawfully justifiable. However it may appear, I do not want to antagonize anyone in or out of the system. I seek peace in this and all matters, while still retaining my right to bring charges as necessary using whatever human and other resources provided by Cosmic Justice.
There is a spiritual practice that comes out of the Kahuna traditions of Hawaii. It’s called ho’oponopono. I wrote an article about it some time ago called: The Miraculous Practice Of Ho'oponopono found at: http://www.metagroups.info/Ron%27sArticles.htm#WECA. That’s how I’m treating each of you: “I’m sorry. I forgive you. I love you.” When I repeat that mantra, I am recognizing the Divine in you as it is in me. We are all challenged by the human experience in a world where many things do not make sense. We all make mistakes; yet I believe the vast majority really does try its best. I trust that is true for each of you. It is my prayer for you.
One thing Mr. Johannesen emphasized to Mr. Bickford and me was that he knew “Aunt Mary” longer than any of us. As far back as he can remember, she always wanted two things in her will: The Crippled Children’s Hospital and her church. The first was her husband’s passion; the second was hers. Sometime ago I reached this point: I don’t care what happens to the Merritt Island property (even though I have mowed the lawn and cleaned up yard trash for 4½ years)! You can all fight over it till your hearts are content, if that is possible for you. The Mary Horgan Center, although it may never be what I envisioned when she died nearly five years ago, is the continuation of her church and her spiritual vision. She believed in me, often more than I believed in myself. I have and will continue to do my best to honor her life and passion for truth. That is an integral part of my spiritual mission and duty; and any interference from any individual or government agency shall be deemed a violation of my natural rights.
As Mr. Kromash said in one of the papers he filed last year: “The Trust speaks for itself.” Indeed! Please, all of you…stop fighting me. I do not wish to be involved in the petty games of your Law Society.
I’m not even going to show up in your court on Tuesday, January 26, 2010.
You can fight over the Merritt Island property among yourselves if that’s what turns you on; just leave me out of it and allow me to continue my work in the spiritual community in peace. I will provide the key and transfer the property to the Shriners or anyone else you decide, as long as you provide written assurances that Mr. Johannesen and Mr. Wilhoit will receive their bequests. Remember that any appointment or addition to the Mary A. Horgan Trust without agreeing to my conditions constitutes fraud and is punishable under your law and cosmic law. This includes your planned appointment of a receiver or alternate trustee. All parties involved in this action, including the Brevard County Tax Collector’s Office, may be held personally accountable on charges of fraud unless you agree, in writing, to leave me and the Mary Horgan Center alone to fulfill my spiritual calling in helping the entire human society to heal from millennia of corruption through ignorance.
One more thing, this one especially to Ms. Rezanka’s attention: Commercial mortgages, by far and large, are fraudulent instruments. They are not lawful contracts (bank representatives or mortgage brokers never sign them) and have been used for the past few decades at least to collateralize a humongous derivatives market that staggers the imagination. This is not some ridiculous conspiracy theory; it is fact that any diligent Internet search will provide a wealth of material and information about. I even have at least two articles on my website about it, one from the New York Times. Here are the two most recent, which are found on the Guest Articles page of my website: The Dog Ate Your Mortgage — PHH Mortgage loses in New York Case - October 25, 2009 By Gretchen Morgenson, NY Times; and, WHO OWNS FORECLOSED U.S. PROPERTIES?, PARTS i & ii: SCAM IN THE MAKING - October 24-26, 2009 By Jeff Neilson. You might also check this one: BANK FRAUD: THE BEST WAY TO ROB A BANK IS TO OWN ONE ~ Bill Moyers Interview with William Black, the former Director of the Institute for Fraud Prevention who now teaches Economics and Law at the University of Missouri. To watch and hear the video, go here: www.pbs.org/moyers/journal/04032009/watch.html. The evidence is there and the facts are established, even in mainstream media. The tide is turning and the house of cards built with illegal and unlawful Ponzi schemes will be brought down!
May each of you awaken to truth and commit yourselves to living in spiritual integrity in all matters to the best of your ability and understanding. When enough of us do this, we will co-create a better world for everyone. The time is now!
NOTICE : Any and/or all involved in this matter retain the right of rebuttal by February 26, 2010. Thereafter, no statement of fact herein may be lawfully rebutted or contradicted.
Sincerely,
____________________________________
Ron Van Dyke, Freeman in ChristOn this, the______day of _______________, 20___, before me a notary public, the undersigned officer, personally appeared Ron Van Dyke, known to me (or satisfactorily proven) to be the person whose name is subscribed on page 6, and acknowledged that he executed the same for the purposes therein contained.
In witness hereof, I hereunto set my hand and official seal.
_____________________________________Notary Public
This document is filed with the court named on page one with copies electronically submitted to the following on Monday, January 25, 2010:
Alan P. Whitehead
Keith S. Kromash
Kimberly B. Rezanka
Robert E. Bickford
Marion Johannesen
Bob Wilhoit
Sandra Oak
The Mary Horgan Center is a direct offshoot of the Metaphysical Discovery Group and another metaphysical group started in Dr. Mary’s Chapel of Light in which I was both a member and leader since 1994.