2014-06-26 Prayer for Declaratory Judgment

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Cover Page to Clerk / Judge of the Small Claims Court TO: Clerk: Small Claims Court - Room #170 - West Regional Courthouse 100 North Pine Island Road, Plantation Florida [ 33324 ] File this Offer to Contract, on Demand. Assign a case number. Assign a judge at random. No payment is included this time. Under UCC 3-603 ‘discharge’ has occured. Petitioner will serve the respondents via certified mail, once a case # is assigned. TO: Judge: Small Claims Court - Room #170 - West Regional Courthouse Take judicial Notice of the following: On June 12 , 2014, petitioner tendered, in person, th 2.5grams of 90% silver - as partial payment in lawful money - for services of a court of natural / common law. It was refused. On June 23 , 2014, petitioner tendered, in person, 55 dollars worth of U.S. federal reserve notes rd (cash) as full payment. It, also, was refused. Today, June 26 , 2014, submits the same offer to contract, without any payment at all. th Review the terms of the contract below. If said terms are acceptable, advise the petitioner of same and whether you desire any additional service (by certified mail) on the respondents. If the petitioner’s contract terms are not accepted, then please return all papers along with a written explanation for said refusal. Petitioner prays for a summary ex-parte declaratory judgment confirming the petitioner’s legal status vis a vis the respondents. Petitioner’s prayer includes evidence that the respondents have already been served and that they refused to respond. Accordingly they have dishonored the petitioner in the case sub-judice and petitioner’s affidavit and status, un-rebutted is ripe for your signature. Petitioner submits his prayer for declaratory judgment in order to advance justice, peace, and bar any further unlawful trespasses and transgressions by the respondents. These prayers are submitted in paper and digital PDF format. World wide public distribution encouraged. But for the Grace of God, go I. May this Prayer promote the Creator’s design for a peaceful Kingdom on Earth resplendent in his Glory. “Blessed is the nation whose God is the Lord” (not the STATE) (Psalm 33:12 ). Petitioner offers to contract with this court, whose authority and jurisdiction are accepted as long as the Judge, randomly selected, agrees: 1. to make no assumptions of law, standing, authority or jurisdiction; 2. to acknowledge that a living soul that is attacked has an unalienable right to defend himself with written declarations, affidavits, demurrers, and counter-claims; 3. to acknowledge that the attacking party has a duty to respond to the petitioner / defendant / accused’s written instru Bments in a timely fashion, point by point, with signed instruments; 4. to acknowledge the time honored maxim: ‘Silence is Acquiescence’; 5. to acknowledge that failure of the attacking party to respond to an accused’s affidavit, constitutes dishonor and default. That following default, the attacking party is precluded / barred / estopped from pursuing their claims any further and must pay the accused any fees stated in his unrebutted documents; 6. that any attacking party, that has defaulted is barred from advancing any defense in the present tense, and that summary judgment will ensue, without delay; 7. that petitioner is a living soul ( a natural person ... with a soul and a conscience) unless proved otherwise, later, via evidence submitted by the respondents;

description

attempt to certify that I stand here and the de facto govt stands there

Transcript of 2014-06-26 Prayer for Declaratory Judgment

Page 1: 2014-06-26 Prayer for Declaratory Judgment

Cover Page to Clerk / Judge of the Small Claims Court

TO: Clerk: Small Claims Court - Room #170 - West Regional Courthouse100 North Pine Island Road, Plantation Florida [ 33324 ]

File this Offer to Contract, on Demand.Assign a case number.Assign a judge at random.No payment is included this time. Under UCC 3-603 ‘discharge’ has occured.Petitioner will serve the respondents via certified mail, once a case # is assigned.

TO: Judge: Small Claims Court - Room #170 - West Regional Courthouse

Take judicial Notice of the following:On June 12 , 2014, petitioner tendered, in person, th 2.5grams of 90% silver - as partial payment inlawful money - for services of a court of natural / common law. It was refused.On June 23 , 2014, petitioner tendered, in person, 55 dollars worth of U.S. federal reserve notesrd

(cash) as full payment. It, also, was refused.Today, June 26 , 2014, submits the same offer to contract, without any payment at all.th

Review the terms of the contract below. If said terms are acceptable, advise the petitioner ofsame and whether you desire any additional service (by certified mail) on the respondents.If the petitioner’s contract terms are not accepted, then please return all papers along with awritten explanation for said refusal.

Petitioner prays for a summary ex-parte declaratory judgment confirming the petitioner’s legalstatus vis a vis the respondents. Petitioner’s prayer includes evidence that the respondents havealready been served and that they refused to respond. Accordingly they have dishonored thepetitioner in the case sub-judice and petitioner’s affidavit and status, un-rebutted is ripe for yoursignature. Petitioner submits his prayer for declaratory judgment in order to advance justice,peace, and bar any further unlawful trespasses and transgressions by the respondents.

These prayers are submitted in paper and digital PDF format. World wide public distributionencouraged. But for the Grace of God, go I. May this Prayer promote the Creator’s design for apeaceful Kingdom on Earth resplendent in his Glory. “Blessed is the nation whose God is theLord” (not the STATE) (Psalm 33:12).

Petitioner offers to contract with this court, whose authority and jurisdiction are accepted as longas the Judge, randomly selected, agrees:

1. to make no assumptions of law, standing, authority or jurisdiction;2. to acknowledge that a living soul that is attacked has an unalienable right to defend

himself with written declarations, affidavits, demurrers, and counter-claims;3. to acknowledge that the attacking party has a duty to respond to the petitioner / defendant

/ accused’s written instru Bments in a timely fashion, point by point, with signedinstruments;

4. to acknowledge the time honored maxim: ‘Silence is Acquiescence’;5. to acknowledge that failure of the attacking party to respond to an accused’s affidavit,

constitutes dishonor and default. That following default, the attacking party is precluded /barred / estopped from pursuing their claims any further and must pay the accused anyfees stated in his unrebutted documents;

6. that any attacking party, that has defaulted is barred from advancing any defense in thepresent tense, and that summary judgment will ensue, without delay;

7. that petitioner is a living soul ( a natural person ... with a soul and a conscience) unlessproved otherwise, later, via evidence submitted by the respondents;

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8. to acknowledge that living souls who can demonstrate that they are free-men (and free-women) with no legal nexus to the respondents, are not subject to the Acts, Codes,Statutes or Rules of the respondents, unless consent is given thereto;

9. to recognize the petitioner as one of the People of America protected by natural law,international laws and treaties, common law, the Constitution for the People of the unitedstates of America and the Uniform Commercial Code, where it does NOT conflict with theabove.

10. to operate this court proceeding under natural and common law jurisdiction, under GOD;11. to allow the petitioner at least three opportunities to amend his prayer;12. to conduct this proceeding by written submissions, where practical, and if a hearing is

ordered to conduct same in a public fashion, videotaping allowed, to conduct same as anArticle III court of record, with a guarantee that the court will not threaten or arrest thepetitioner unless there is an injured party with a sworn/signed and notarized affidavit. Thepetitioner is to be afforded all due process rights under natural, international and commonlaw. If an arrest does take place, the court will issue a notice to appear unless evidenceshows that the petitioner is a flight risk or a threat to the safety of the community. Ifpetitioner is arrested he will be brought immediately to a magistrate who will produce asigned and notarized Oath that he/she will protect and defend the petitioner’s unalienablerights under the Constitution for the People of the united states of America, not aCONstitution of the U.S. corporation, and provide a certified copy of a BOND, whichguarantees his specific performance with the Oath, as I have outlined it, above. The judgeassigned to this case, agrees to the same, and that he has fiduciary duty, primarily to thePeople of the united states of America, who may file petitions / prayers in his/her court,not to the BAR or to The respondents;

13. that if a hearing is required the court room will display a peace time flag for the People of Florida, not the yellow fringed Executive flag of the U.S. corporation / armed services;

14. that no federal jurisdiction is conferred, in this document, by any reference to federal U.S.code. If respondents wish to remove this Prayer to a federal court, they will be required,first, to submit a legal memorandum, and the petitioner will be given opportunities torespond and / or amend his Prayers retain local jurisdiction, before removal;

15. to recognize, understand and protect the principles enunciated in the Declaration ofIndependence, the first document (law of the land) printed in the Statutes at Large. Yourecognize the following truths to be self-evident, that all men are created equal, that theyare endowed by their Creator with certain unalienable Rights, that among these are Life,Liberty, ownership of private property, and the pursuit of Happiness. That to secure theserights, Governments are instituted among Men, deriving their just powers from theconsent of the governed, That whenever any Form of Government becomes destructiveof these ends, it is the Right of the People to alter it, abolish it, or distance themselvesfrom IT.

16. that, if summary judgment is not entered for the petitioner, all contested issues of law andfact will be tried by a jury of the petitioner’s peers and vicinage ....

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In the United States of America, the sovereignty resides in the body of the people. Vide Rutherf. Inst.1

282 (Bouvier 1856) Petitioner’s Declaration of Sovereignty was recorded in book 50829 / page 163 in the BrowardCounty official public records as instrument # 112327211 Upon information and belief, no person or entity has come forward to dispute this affidavit.

The historian Antonio de Herrera provides an account of Ponce de Leon's 1513 and 1521 exploratory2

trips to Florida, including a mention of a place called "Chequescha," which is likely Tequesta.

In the County Court for the People of Broward, Florida

Bruce Toski )Petitioner )

)vs. )

)CITY of FORT LAUDERDALE )COUNTY of BROWARD )STATE of FLORIDA )

Respondents )____________________________________)

PRAYER FOR DECLARATORY JUDGMENT

Comes now the petitioner, Bruce of the family Stewart - Toski. Petitioner’s status, as a sentientliving soul, a self-owned sovereign , one of the posterity of the original colonists, foreign and1

alien to the ‘United States’, free of any legal nexus to the respondents or any of their agents, isundisputed, unrebutted, and recorded in the public records for the People of Broward. That thepetitioner was a male child born onto the land called Chequescha , in 1957, is also undisputed.2

Petitioner appears at arms length, with a PRAYER FOR DECLARATORY JUDGMENT.

The respondents: CITY of FORT LAUDERDALE, COUNTY of BROWARD, and the STATEof FLORIDA, (Hereinafter collectively referred to as the STATE) are all fictitious legal entities. The CITY of FORT LAUDERDALE is a municipal corporation. The ‘COUNTY of BROWARD’is a political sub-division of the STATE of FLORIDA (D&B # 004078374).

Small Claims court has jurisdiction: no claim for money is made in this first prayer.Venue is proper as all the respondents have attacked the petitioner in Broward county.

Agents of the STATE have attacked, manipulated and enslaved the petitioner since birth. Petitioner is 57 now. For many years, petitioner’s defensive pleadings have been ignored orsummarily dismissed by those who pretend to be accountable to the People, but who, in fact, arenow, simply agents and administrators for the STATE. The petitioner prays for clarification, withfinality, in law, regarding petitioner’s legal status vis a vis the STATE and its agents.

Case no.

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“None are more hopelessly enslaved than those who falsely believe they are free.” 3 Goethe

INTRODUCTION

In 1961, Supreme Court Justice William O. Douglas stated in his book titled, ‘A Living Bill ofRights’, that the founding fathers, in the Constitution and the Bill of Rights, “... embodied acontinuing determination to live and govern themselves free of domestic as well as foreigntyrants.” Such is the raison d’etre for this prayer. Justice Douglas also quoted GeorgeWashington as having said, “Government is like fire - a dangerous servant, a fearful master.” Petitioner simply prays for a declaration which will quell the fire from this fearful and lawlessentity. Justice Douglas further stated that People have rights which judges must respect. I prayfor this respect. He believed that, in this country (America) the People could walk, “ with dignityand without fear, that he need not grovel before an all powerful government.” (pg 17) This,unfortunately, has NOT been the petitioners experience during his 57 years. Justice Douglaspassed away in 1975, but I believe he would be disgusted with the current Police State, wherepolice break into homes without any identification or warrant, and beat up the owner of the home... pursuant to a capias, which, is nothing more than a piece of paper signed by a clerk.

Agents of The STATE have incarcerated, tortured and extorted money from the petitioner underforce of arms and color of law. Petitioner has never been afforded Due Process. Agents of theSTATE continue to treat the petitioner as a feudal slave. This filing is an attempt to correct thisonerous problem once and for all. No money is demanded, petitioner simply wants his legal /lawful status affirmed.

Upon information and belief, STATE agents created, in 1957, a fictitious legal entity (strawman)using the petitioner’s name (in all CAPS), and then, based on unlawful presumptions, falsehoodsand deception, extorted money from the petitioner using unlawful summary processes andcommercial invoices under force of arms and an extensive agenda of FEAR.

Petitioner asserts that a simple tenet of natural law is that one who is attacked has a right todefend himself. Petitioner has always mounted a vigorous defense by oral and written demurrers. STATE agents have only rarely responded, and if they have, in a non-responsive manner. STATEagents - upon information and belief - have been instructed to remain silent when served with anydefensive documents and speak evasively if trapped in court. Petitioner has attempted, in goodfaith, to abate the demands of STATE agents. STATE agents have ignored all petitioner’s offersto tender payment in lawful money, or payment via the Strawman account that the STATEcreated.Petitioner lives in peace with all living souls on Earth. Unless STATE agents are, in fact, soul-lessentities, they are expected to live in peace and abide by the Golden Rule, “Do unto others as youwould have them do unto you.” They have, consistently, failed to do so.

After reaching the age of majority, the petitioner became aware of the following sad predicamentof life in society today .... “Man is born free, and everywhere he is in chains.” So said Jean-Jacques Rousseau around the time of the American Revolution. My fight for Freedom is nothingnew, of course. Since 1750 B.C in Babylon when ‘the law’ fit onto a stele 8' high, man has beenenslaved, by, other men ... usually those in ‘government’. In the earliest known records, slavery istreated as an established institution. The Code of Hammurabi prescribed death for anyone whohelped a slave to escape or who sheltered a fugitive. The Bible mentions slavery as an establishedinstitution. Slavery still exists, but now, thru indoctrination, brainwashing and fear, ‘the People’just think they are free. Slavery is just one form of 3 STATE sponsored terrorism. Other forms ofterrorism include colonialism, the prison industry, bioterrorism, ecoterrorism, nuclear terrorism,taxation, forced licensing, ‘code’ enforcement, wiretapping, et. al. It is important to understand

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that political violence by the state is the most organized, and potentially the most far-reaching,application of terrorist violence. (Gus Martin - Essentials of Terrorism) The petitioner is but oneman, doing what he can, with the talents blessed upon him by the Creator and his parents, to bringsociety closer to the equitable and lawful utopia intended by the Creator, not the present dystopiaengineered by the hidden forces behind the shadow governments of the world.

At Arms Length, with all rights reserved petitioner makes the following statements of fact andlaw. Take judicial and public notice of the following. The following statements of fact and lawhave NOT been rebutted by any STATE agents, and thus stand as Truth, by the doctrine ofestoppel, laches, and the age old maxim that Silence is Acquiescence.

AFFIDAVIT of TRUTH

Bruce of the family Stewart - Toski, hereinafter Affiant, without equivocation, concealment,deception, or insincerity, solemnly swears the following true, correct and complete:

17. Truth is expressed by means of an affidavit.18. Affiant, a man, sui juris, can speak his own truth and has the right to do so. 19. Affiant is a sentient living soul, of competent age to testify, and appears here in propria

persona. 20. Affiant is a native Floridian.21. Affiant has full ownership of the name Bruce Toski and Bruce Richard Toski.22. Affiant has firsthand knowledge of the contents and tenor of this Affidavit.23. Affiant is not, and never was, lawfully, a ‘U.S. citizen'.24. Affiant is not, and never was, lawfully, a registered voter.25. Affiant does not have, and never applied for, a social security number.26. Affiant is not a ‘merchant’ and uses Federal Reserve ‘notes’ only under the doctrine of

necessity and survival.27. There is no lawful ‘trust' relationship between the Affiant and The STATE, or any of its

agents.28. Affiant's name in ALL CAPS, e.g. BRUCE TOSKI, indicates a fictitious legal entity, a

‘legal person', a business entity, a strawman, which was created by The STATE withoutany lawful premise.

29. Affiant disavows any knowledge, participation or consent to any invisible adhesioncontracts, licenses, permits, quasi-contracts, implied trusts, involuntary trusts, trust de sontort, trust ex delicto, trust ex maleficio, remedial trusts, trust in invitum or any other‘relationship' with the STATE.

30. Affiant is not a ‘resident' of any land or territory claimed by The STATE or any other areaclaimed to be under STATE jurisdiction. Any reference to same should be removedimmediately.

31. This Affidavit, the information contained herein, and Affiant's signature, supplants andreplaces any previously filed.

32. On June 4 , 2014, affiant’s one page NOTICE BY AFFIDAVIT AS EVIDENCE OFth

SOVEREIGN STATUS OF BRUCE TOSKI was recorded publicly for the People ofBroward. Said NOTICE is attached at evidentiary exhibit “A”.

33. On June 4 , 2014, affiant’s one page NOTICE BY AFFIDAVIT AS EVIDENCE OFth

SOVEREIGN STATUS OF BRUCE TOSKI was served on agents for the CITY ofFORT LAUDERDALE, the COUNTY of BROWARD, and the STATE of FLORIDA. An Affidavit of Service is attached at evidentiary exhibit “B”.

LAW

“Courts of justice are established, not only to decide upon controverted rights of the Citizens asagainst each other, but also upon rights in controversy between them and the government.”

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United States v. Lee, 106 U.S. 196, 200, 1 S.Ct. 240, 27 L.Ed. 171 (1882)

DECLARATORY JUDGMENTS: In a case of actual controversy ... any court ... upon the filingof an appropriate pleading, may declare the rights and other legal relations of any interested partyseeking such declaration, whether or not further relief is or could be sought. Any such declarationshall have the force and effect of a final judgment or decree and shall be reviewable as such. Further necessary or proper relief based on a declaratory judgment or decree may be granted,after reasonable notice and hearing, against any adverse party whose rights have been determinedby such judgment.

Upon information and belief, no person or entity has come forward to dispute the petitioner’saffidavit. An Un-rebutted Affidavit stands as Truth in Commerce. See Morris v NationalCash Register, 44 S.W. 2d 433, which clearly states at point #4 that “ uncontested allegationsin affidavit must be accepted as true.”, and the Federal case of Group v Finletter, 108 F.Supp. 327 which states, “Allegations in affidavit in support of motion must be considered astrue in absence of counter-affidavit.”

CONCLUSION

Petitioner prays for an Order (suggested Order included) declaring his status, as sovereign, vis avis The STATE and its agents.

Executed at Arms Length, All Rights Reserved, Further, Petitioner Sayeth Naught !

____________________/Bruce Toski

On this 12 day of June, 2014, appeared Bruce Toski, th

personally known to me, who, executed the foregoing Affidavit.

_______________________________/Laurie A. Chapman - Notary Public

CERTIFICATE OF SERVICE

On June 26 , 2014 this nine page PRAYER FOR DECLARATORY JUDGMENTS was sent via first class mailth

to the Courthouse, 100 North Pine Island Rd., Room #170 Plantation Florida [33324] and also emailed to:

Scott J. Israel - Sheriff for BROWARD [email protected] L. Scott - Governor for FLORIDA [email protected] Bondi - Attorney General for FLORIDA [email protected] C. Forman - Clerk of the Court for BROWARD [email protected] J. Satz - State Attorney for BROWARD ( [email protected] )Tracey-Ann Bailey - Probation Officer for BROWARD ( [email protected] )Cynthia A. Everett - Attorney for FORT LAUDERDALE [email protected] Henry - County Administrator for BROWARD [email protected] Wald - assistant attorney for FORT LAUDERDALE [email protected]

and will be served on the STATE by certified mail after assignation of a case number, and a judge.

Mail for the petitioner can be sent to Bruce Toski c/o 2361 SW 36th TerraceFort Lauderdale, Florida[near 33312]. (no jurisdiction admitted). Any mail sent to BRUCE TOSKI instead of Bruce Toski will be returned to sender.

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EXHIBIT A

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EXHIBIT B

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In the County Court for the People of Broward, Florida

Bruce Toski )Petitioner )

)vs. )

)CITY of FORT LAUDERDALE )COUNTY of BROWARD )STATE of FLORIDA )

Respondents )____________________________________)

ORDER

Respondents were served on June 4 , 2014 with the petitioner’s NOTICE BY AFFIDAVIT ASth

EVIDENCE OF SOVEREIGN STATUS OF BRUCE TOSKI. Respondents were allowedseven days to respond to the NOTICE. Respondents failed to respond within seven days, thus thepetitioner’s PRAYER FOR DECLARATORY JUDGMENT is hereby granted.

Petitioner’s status, as a sentient living soul, a self-owned sovereign, one of the posterity of theoriginal colonists, foreign and alien to the ‘United States’, free of any legal nexus to the STATEor any of its corporate agents, is undisputed, unrebutted, and recorded on the public record forthe People of Broward. That the petitioner is a native Floridian is also undisputed. Since thepetitioner has no legal nexus to the respondents (CITY of FORT LAUDERDALE, COUNTY ofBROWARD, and the STATE of FLORIDA) he has no duty to them and is not subject to theircodes, statutes, rules, taxes or licensing schemes. In the United States of America, thesovereignty resides in the body of the people. Vide Rutherf. Inst. 282 (Bouvier 1856)

Respondents are hereby directed to resolve any outstanding claims with the above Order in mind.Any claims - past or present - presented by the STATE, to the petitioner, are ultra-vires. Anyfurther relations with the petitioner are guided first by Natural law, second by common law, thirdby International Law and fourth, by UCC law, where it does not conflict with the Natural,International, or common law.

Judge: _____________________

Date: ______________________

Case no.