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F a x S e r v i c e

To: Officer Souse From: Steve Douglas, Gartin

Fax: Relay: 739-9824 Pages: 11

Phone: Message: 364-0403 Date: August 22, 1996

Re: Markus Bernard Merritt lies again! CC: See Certificate of sending via FAX page 11

l Comments: Hello Officer Scouse,

Hope all is well with you today. I have read the complaint that Markus Bernard Merritt has filed with you. There is no truth in any part of it.

In order that you have a more realistic view of the situation, one of the latest filings with Jefferson County District Court is included. If you need further information please don’t hesitate to leave a message for me with Chas Clements @ 364-0403 or just FAX back. As a result of these problems, I’m a bit down and out at this moment and have to rely on friends to relay messages. Just a temporary setback, praise God.

The Greenwood Village Police Department has always been very gracious to me as a specialty instructor and I have enjoyed my associations with you folks. I want to clear the air on this fraudulent issue before we get too much older, so I would be pleased to drop by at your convenience to discuss the matter, or if you would like me to call at a specific time, please leave a message and plan for a call the next day.

What Mr. Merritt is complaining about is upfront Litigation in the proper venue and in all manner, legal. What follows is an example of what Mr. Merritt claims is harrassing. If you would like copies of everything that has been sent to Mr. Merritt’s boss, who I’m also suing, please let me know. I don’t want to burden you with more legaleze paperwork than you care to deal with, but it is important to me that you understand the truth in this matter.

Thank you for your time, interest and effort in my behalf.

Sincerely,

Steve Douglas, Gartin

 

District Court, Jefferson County, state of Colorado

Case # 95-DR-2718 & 96C7386 - 96C7387 - 96C7388

Motion to Render Void Chief Judge Nieto’s Order

April Rose, Gartin

Elijah Rock, Gartin

Steve Douglas, Gartin a Colorado Citizen

v.

Tamara Ann Zehnder, alias TAMARA A. GARTIN (a nom de guerre)

Markus Bernard Merritt, a.k.a. Michael Thomas

Pastor Robert Victor Zehnder & Dolores Jean Zehnder

and as agents for the Lutheran Church, Missouri Synod

Karsh & Fulton, P.C. "Legal Team" in the persons of:

Alan E. Karsh

Seymour Joseph

Fred Gabler

Valerie Krogman

Larry Fulton

A. Troy Ciccarelli

J. Terry Wiggins

 

  1. I, Steve Douglas, Gartin, the moving party and the Party Injured inform the court that Chief Judge Henry Nieto has made a mistake in judgment.
  2. Chief Judge Henry Nieto states in the first paragraph of his Order dated August 15th, 1996 "The Court has read and reviewed the Motion, has read and reviewed the documents on file with this Court, and being fully advised in the premises,. . . "
  3. The Honorable Henry Nieto received my Motion for Summary Judgment in case # 96-CV-1478 on August 15th, 1996 which was filed by FAX direct to Mr. Nieto’s office and is contained within the Court’s record.
  4. Mr. Nieto either did NOT read my motion, or he ignored it when making his decision to grant this Prevaricator, A. Troy Ciccarelli, Esquire his fraudulent and perjurious motion. Either scenario is unacceptable performance for a man in such an exalted position.
  5. A. Troy Ciccarelli, Esquire lied to the Court intentionally! He said that I did not return his phone message. His secretary and my witnesses will testify to the contrary.
  6. I very directly spoke with Mr. Ciccarelli that day, but his agenda was to molest, slander, libel and harass me, and deny me my Rights as a Father. This action is in criminal contempt of the order of the Court and in conspiracy with listed defendants and others unknown at this moment.
  7. Karsh & Fulton, P.C., a.k.a. "Legal Team" has committed perjurous instruments and documents to the court. This Legal Team has encouraged it’s clients to commit perjury in direct defiance of all law. This Legal Team has encouraged and suborned its clients to defy the Court’s Orders.
  8. This Legal Team has conspired and colluded with Magistrate Russell Stuska and Judge William DuMoulin to defy and defile every Constitutional Guarantee and Due Process and in conspiracy to deprive me of my Rights and the Rights of my Children.
  9. My ONLY concern is for my Children. They are now in an environment that encourages deceit, larceny, adultery, drunkenness, arrogance, violence, ignorance of Biblical principles, and all of the evils I do not want my Children exposed to. It is my Right as Father to protect my Children from what I perceive to be an extremely volatile and dangerous situation.
  10. The Plaintiffs have recently became aware pursuant to F.R.C.P. 26, (e) of the Law; aware of the requirements of a professional’s Oath of responsibility, and have become aware of a progress of:

by the Defendants, Pastor Robert V. Zehnder & Delores Jean Zehnder, and legal counsel; A. Troy Ciccarelli, J. Terry Wiggins, Markus Bernard Merritt, Valerie Krogman, Alan Karsh, Fred Gabler, Larry Fulton, Seymour Joseph, and other parties unknown to the Plaintiffs at this moment in time.

  1. Now we have become aware of the contempt of Karsh & Fulton, P.C. for the order and direction in order of the Honorable Court as defined in Magistrate Norton’s Order of January 19th, 1996 to facilitate equal shared parenting.
  2. The Honorable Court has had official notice of several fraudulent documents submitted and perjuries made by A. Troy Ciccarelli. These are now within the Court’s Record and a matter of prima facie evidence of gross perjury in all of Mr. Ciccarelli’s dealings with the Court in which Plaintiff is a Party.
  3. Presently the parties at Karsh & Fulton, P.C.; J. Terry Wiggins, A. Troy Ciccarelli and such others and their clients, Tamara Ann Zehnder (alias Tamara A. Gartin), Robert & Dolores Zehnder and Markus Bernard Merritt, are all in conspiracy, in malicious contempt of the orders of the Court in Cases 95-DR-2718, #96CO3788, #96CO3787, #96CO3786.
  4. To allow such brazen prevarication and flagrant contempt for all that is righteous and proper and lawful and truthful cannot be rewarded by constant approval. I have observed this Court, in the person’s of Magistrate Stuska, Judge DuMoulin, and Chief Judge Henry Nieto operate in conspiracy and collusion with this legal team of Karsh & Fulton, P. C. for over a year now.
  5. I have observed outright lies and perjuries, in conspiracy, go unpunished and even rewarded.
  6. I demand to know if this Jefferson County District Court is operating in Conspiracy with Karsh & Fulton P. C. to deprive me and my Children of our God-Given Rights to Life, Liberty, and the Pursuit of Happiness in direct violation of the Constitution of the state of Colorado and the united States of America.

WHEREFORE, the Plaintiffs, and them all, move this Honorable Court to Render Void and of no effect the Order of Chief Judge Henry Nieto of August 15th, 1996 granting Karsh & Fulton, P.C. on the face of perjurous testimony to receive and extra 20 days to reply and to issue an Order of Contempt against each and every of the Defendants Legal Team and further relief as the court deems just and proper in the premises.

Steve Douglas, Gartin, in his True Name and as the Proper Party Injured, avails himself of all the provisions of the laws and statutes of the state of Colorado and of the united States of America, which have been made and provided for relief and restoration of tortious actions by Defendants, and them all, and for cause, and other such statutes, made and provided, in protection of the unalienable rights of the Citizens.

I claim all Rights and Privileges under the Constitutions of the state of Colorado and the united States of America and at no time waive any right or privilege of my free will.

Dated this 21st day of August, 1996.

Steve Douglas, Gartin

PO Box 114 Message Phone: 364-0403

Golden, Colorado Zip Exempt Message FAX: 739-9824

Plaintiff is Homeless and Indigent

Allow an extra 10 Days for delivery to PO Box and subsequent pickup

Please FAX for quicker response.

CC: VIA FAX Numbers Listed___________________________________

Jefferson County Court Chief Judge Henry Nieto FAX: 303-271-6270

Karsh & Fulton, P.C. Alan Karsh FAX: 303-782-0902

Bethlehem Lutheran, Inc. David Langewisch FAX: 303-238-7691

Timothy & Francisca Zehnder FAX: 303-932-2465

Federal District Court Judge Lewis T. Babcock FAX: 303-861-2233

U.S. Attorney FAX: 303-844-0098

  1. S. Supreme Court Grievance Committee FAX: 303-893-2443

U S West, Inc. Elizabeth Kiovsky FAX: 303-295-7046

Hard Copy available upon Request.

District Court for Jefferson County, state of Colorado

Case # 95-DR-2718 & 96C7386 - 96C7387 - 96C7388

Verified Motion for Contempt Citation

April Rose, Gartin

Elijah Rock, Gartin

Steve Douglas, Gartin a Colorado Citizen

v.

Tamara Ann Zehnder, alias TAMARA A. GARTIN (a nom de guerre)

Markus Bernard Merritt, a.k.a. Michael Thomas

Pastor Robert Victor Zehnder & Dolores Jean Zehnder

and as agents for the Lutheran Church, Missouri Synod

Karsh & Fulton, P.C. "Legal Team" in the persons of:

Alan E. Karsh

Seymour Joseph

Fred Gabler

Valerie Krogman

Larry Fulton

A. Troy Ciccarelli

J. Terry Wiggins

 

I, Steve Douglas, Gartin, the moving party and the Party Injured inform the court that the restraining orders previously issued by the court in this case have been violated. I ask the court to issue a contempt citations against the defendant and set the matter for hearing. As grounds for this request, I state as follows:

  1. This court issued the three above enumerated restraining orders on July 2, 1996.
  2. The restraining orders were all served on the defendant without attached affidavits, with all wrong names, and supported by perjured testimony.
  1. The Defendant violated the restraining order by doing the following acts: Markus Bernard Merritt applied for and was granted a restraining order against Steven Douglas Gartin. There is no such party or person.
  2. The restraining order was violated on July 22, 1996 at 5:45 - 6:15 PM in the presence of many witnesses at my place of employment, which job has subsequently been lost by Mr. Merritt’s continued menacing harassment and stalking.
  3. From the 8th of July until the 22nd of July, Markus Bernard Merritt stalked my employment in a gold Saturn with license GAX7331.
  4. On the 22nd of July, 1996, Markus Bernard Merritt, falsely presenting as Michael Thomas, deliberately entered at my employment place slightly prior to my expected arrival. He asked about me by name, presented my two children as his own, and included his illegitimate child of a former girl friend and not of his wife of record Teri L. Merritt as the third of three potential students for my particular children’s class. All of these statements were false, misleading, and designed by Mr. Merritt to get me fired from this, the second job that Mr. Merritt and Tamara A. Zehnder, alias TAMARA A. GARTIN, in conspiracy, have attempted and accomplished with exactly the same modus operandi as the Golden Community Center Case.
  5. Mr. Merritt arrived and departed driving a motor vehicle in defiant contempt of the deferred sentencing, probation and jail sentence as an habitual offender and another probation of Arapahoe County District Court.
  6. Markus Bernard Merritt filed false information with Agent Scouse of the Greenwood Police Department reporting of an inordinate ‘fear’ of me. I am not responsible for Mr. Merritt’s pathology. His unfounded fears and paranoia is possibly a Delayed Stress Syndrome engendered by his years as a violent thug for the National Football League.
  7. Markus Bernard Merritt gave false and misleading information to his titular employer, U S West, to suggest a state of pathological fear engendered by ‘faxes’. He has them increasing their security at great cost for a frivolous fear. In point of fact he seeks to conceal the liability he has exposed them to in full knowledge of his actions. He has never been touched, threatened, molested, stalked or otherwise improperly infringed upon by myself, any other representation is a fiction and fantasy from a mind reckless of the truth and reality. ALL of Mr. Merritt’s statements are IN FACT outright perjuries!
  8. The Defendants and them all, Tamara Ann Gartin, Markus Bernard Merritt, Robert & Delores Jean Zehnder and their Legal Team, Karsh & Fulton, P,C, and in appearance by A. Troy Ciccarelli, were ordered by Honorable Judge Charles Hoppin to facilitate my custody of my children without interference from the order of restraint. He further said that the restraining order was mutual to all parties, an accommodation to my simultaneous and prior application for order of restraint of Markus Bernard Merritt for his prior assault, threats, menacing and molestation of myself and my children. He further said that Karsh & Fulton, P.C., by their own application, would provide services of facilitation for each and every specific of the order of the Court. He specifically directed Karsh & Fulton that the Order of Restraint was reluctantly given and only at the promise of compliance with each specific. Each of them and them all have been contemptuous of Judge Hoppin’s order and its’ specific directions.
  9. Judge Hoppin’s proper concern for the shared custody of the children was in compliance with the jurisdiction of Magistrate Babette Norton’s order for shared custody and generous interaction with my children. The Defendants and them each and all of them have acted in direct arrogant contempt and disregard and maliciously and after proper notice of non-compliance with the order of Magistrate Babette Norton.
  10. The Defendants, Tamara Ann Gartin and Markus Bernard Merritt are in common law marriage. They have colluded and conspired with their ‘legal team,’ self identified by Tamara Zehnder as Karsh & Fulton, P.C. to harass, molest and disturb myself, Steve Douglas, Gartin, with frivolous and fraudulent actions before the Court and accomplished by perjury.
  11. Tamara Ann Gartin and Markus Merritt have conspired together to get me fired from two places of employment by improper actions and by perjury. This action in aid of their common law marriage, the contemplated probate of the terminally ill Pastor Zehnder and its’ distribution, their social position before their church, their employment and the liability exposure they have caused for their commercial associations, both the Lutheran Church and U S West, Inc.
  12. Defendants and them all and each of them has presented to the Court a description in evidence of myself Steve Douglas, Gartin in testimony and by document and by acceptance, the perjury of ‘8th degree Black Belt’, a malicious and fearful fiction and fraud of Markus Bernard Merritt. Markus Bernard Merritt has an irrational fear of me expressed as fantasies. I am not an 8th degree Black Belt. I am not a man of violence of any description. I have no record of violence. I have no presentation nor threat of violence to any person at any time of record.
  13. This fantasy and perjury of Markus Bernard Merritt is used as a libel and slander and to promote an unwarranted fear of me in order to coherce the elderly Zehnders and Tamara A. Zehnder into his nefarious activities in support of his intent to convert the elderly Zehnders assets into his own in conspiracy with Tamara A. Zehnder, and with foul intent.
  14. Markus Bernard Merritt has threatened and menaced me in the presence of witnesses. Markus Bernard Merritt has put his hands on me in an intimidating manner and threatening me in the presence of my children on two occasions. Markus Bernard Merritt is a previously convicted assaulter, under present Restraining Order, a trained Professional Athlete in the National Football League, a convicted Habitual Offender in dangerous and reckless driving situations, a scofflaw in constant and arrogant contempt of deferred sentencing, probation and direct Order of the Court. His filings and applications of record to authority are a fraud and a fiction built of his own record of offenses. He perjures without remorse for his own malicious reasons.
  15. The Restraining Order and all its’ applications have been a malicious fiction and a frivolous contempt of the proper use of the Honorable Courts valuable time. I have never sought the Courts time except to respond to the malicious applications of Defendants, each of them and them all.
  16. The contempt of the Defendants, Tamara Ann Gartin, Markus Bernard Merritt, their compliant parent, Robert V. Zehnder & Delores Jean Zehnder, their self described legal team Karsh & Fulton, P.C. and in its persons all, for a restraining order against my proper legal action taken in full view of the Honorable Court and notification by FAX, a proper legal method, pursuant to C.R.S. 125 is contemptuous of the time and notice of the Court and an effort to deceive, conceal, and misdirect the Court’s proper attention from their own nefarious activities.
  17. The person Steve Douglas, Gartin is an indigent man by the very direct and premeditated actions of Markus Bernard Merritt and Tamara Ann Gartin, in conspiracy and in maliciously and with aforethought attacking every employment opportunity presented to me. They continue to attack me in Court for being in Forma Pauperis as if that were a condition of my own choosing, it is IN FACT, the direct result of the knowledgeable acts of Tamara A. Zehnder, alias TAMARA A. GARTIN and Markus Bernard Merritt in conspiracy and collusion and in DIRECT CONTEMPT of the Court’s Order that they applied for, and the elderly Zehnders financed.
  18. The person Steve Douglas, Gartin is homeless and without other than a mailing address in the government U S Postal Service, a legal reception point for documents. The Defendants and them all refuse to comply with that condition in contempt for the law and the direct order of Judge Charles Hoppin to facilitate the custody and shared parenting of the minor children, April Rose Gartin and Elijah Rock Gartin as required by the order of Magistrate Babette Norton.
  19. The person Steve Douglas, Gartin has no phone service except by charity and philanthropy. The sole message phone available through friends of my family has not been used by Defendants to make appointment to confer on motions submitted to the Court or to contact me to facilitate the Order of the Court of Magistrate Babette Norton and Judge Charles Hoppin on shared parenting, joint custody, facilitated time and transportation. A. Troy Ciccarelli proffered and solicited volunteer accommodation Pro Bono Publico by Karsh & Fulton, PC and in every person on the legal team. Perjuries by Karsh & Fulton, PC in the Courts own record and as compared with their messages and logs are an affront to the Court and the entire legal process and tortious to the Parties Injured, et al.
  20. The proper service of legal information by FAX is a matter of law. Karsh & Fulton, PC a service business of legal services provision in the state of Colorado, sought application before the Court for "harassment by FAX" and after refusing my proper notification to them by FAX transmission in contempt of the Court and its time and its knowledge of the Law.
  21. Karsh & Fulton, P.C. has threatened and intimidated Chas Clements, my Families’ friend of many years and a kind provider of desperately needed ‘message services’ as required by Karsh & Fulton, PC, with vaguely worded threats of contemplated legal action by Karsh & Fulton, PC on its’ own commercial behalf, not that of its commercial clients, and self defined by J. Terry Wiggins, Esq. as payment for "Billable Hours" and being an ‘agent’ for Steve Douglas, Gartin. These actions are in contempt of the District Courts orders and those judges, a malfeasance of their proper conduct as Attorneys, a misfeasance of duty to their clients April Rose, Gartin & Elijah Rock,Gartin. These are fraudulent actions before the Court and an improper, immoral, and illegal abuse of the power of Officers of the Court.
  22. Karsh & Fulton, P.C., a.k.a. "Legal Team" has committed perjurous instruments and documents to the court. This Legal Team has encouraged it’s clients to commit perjury in direct defiance of all law. This Legal Team has encouraged and suborned its clients to defy the Court’s Orders. This Legal Team has conspired and colluded with Magistrate Russell Stuska, Judge William DuMoulin and Judge Olsen to defy and defile every Constitutional Guarantee and Due Process and in conspiracy to deprive me of my Rights and the Rights of my Children.
  23. These Officers of the Court, with a high knowledge of the Law have effectively kept me from my Children since my illegal arrest based on fraudulent testimony by Mr. Merritt and Ms. Zehnder on June 18, 1996. This is not only unconscionable, it is illegal, immoral, and tortious in every regard.
  24. My ONLY concern is for my Children. They are now in an environment that encourages deceit, larceny, adultery, drunkenness, arrogance, ignorance of Biblical principles, and all of the evils I do not want my Children exposed to. It is my Right as Father to protect my Children from what I perceive to be an extremely volatile and dangerous situation.
  25. Tamara Zehnder is well documented to be a "verbal abuser." This fact is confirmed by Audio Tape Recordings and testimony by first-hand witnesses. Markus Bernard Merritt is a violent and habitual offender with a record of violence and flagrant disregard for law and order. It is just a matter of time before Tamara’s abusive language finds Markus in a foul mood. His potentially violent reaction to her abusive verbal attacks could result in serious injury or death to my Children if they are present when Mr. Merritt goes berserk. Mr. Merritt’s Wife of Record, Teri L. Merritt obtained a Restraining Order against Mr. Merritt because of his violent, aggressive, and abusive actions. It is only a matter of time before the volatile combination of Tamara’s verbal abuse and Markus’ violent persona erupts into mayhem in the Elderly Zehnder’s domicile. There would be no one capable of protecting my Children in such a situation. I am in extreme and well-founded fear for the safety of my Children in the presence of Mr. Merritt.

For the convenience of the Honorable Court, I have included a brief history of Markus Bernard Merritt, alias "Michael Thomas." The N.C.I.C. record will provide additional information about Mr. Merritt’s criminal activity in Texas and elsewhere in addition to his criminal history in Colorado.

Markus Bernard Merritt poses a serious threat to the safety of my minor Children.

Markus Bernard Merritt

Black Male

DOB 1-16-63

6’2" 220 Black Hair/Brown Eyes

SSN: 524-15-1300

DL #: F683885

FBI #: 506910CA9

SID: CO370994

Local Arrest #: A4155

Home of Record: c/o Bernard Merritt

1738 Granby Court

Aurora, Colorado 360-9225

 

 

Colorado Arrest Record:

1987: FTA - Possession 88C3916

Probation: 88-89 & 89-90 92-93 current

92C4313: Wife’s Restraining Order

92T4602

1993: Aurora NVOL - NPOI -

DWAI - DWAI - DWAI

#95-9040 Greenwood Village

95F1665: Habitual Offender

95CR2146:

Warrant issued 4-16-96 FTA

95T3795 A-3 DUS

  1. The Plaintiffs have recently became aware pursuant to F.R.C.P. 26, (e) of the Law; aware of the requirements of a professional’s Oath of responsibility, and have become aware of a progress of:

by the Defendants, Pastor Robert V. Zehnder & Delores Jean Zehnder, and legal counsel; A. Troy Ciccarelli, J. Terry Wiggins, Markus Bernard Merritt, Valerie Krogman, Alan Karsh, Fred Gabler, Larry Fulton, Seymour Joseph, and other parties unknown to the Plaintiffs at this moment in time.

  1. Now we have become aware of the contempt of Karsh & Fulton, P.C. for the order and direction in order of the Honorable Court as defined in Magistrate Norton’s Order of January 19th, 1996 to facilitate equal shared parenting.
  2. Now we have become aware of the contempt of Karsh & Fulton, P.C. for the order and direction in order of the Honorable Court as directed in Judge Hoppin’s Order of Restraint wherein his genuine concern was expressed "on record" for the conservation of the Rights of the herein designated Plaintiffs April Rose, Gartin & Elijah Rock, Gartin & Steve Douglas, Gartin in their family relationship.
  3. Karsh & Fulton, P.C. has made no attempt to hide their arrogant contempt of any order of the Honorable Court that does not directly result in their ‘billable hours’ as defined by Senior Partner J. Terry Wiggins, Esquire a.k.a. Terry Wiggins in his true name and by any fiction d.b.a. Karsh & Fulton, P.C.
  4. The Honorable Court has had official notice of several fraudulent documents submitted and perjuries made by A. Troy Ciccarelli. These are now within the Court’s Record in Case # 95-DR-2718 and a matter of prima facie evidence of gross perjury in all of Mr. Ciccarelli’s dealings with the Court in which Plaintiff is a Party.
  5. Presently the parties at Karsh & Fulton, P.C.; J. Terry Wiggins, A. Troy Ciccarelli and such others and their clients, Tamara Ann Zehnder (alias Tamara A. Gartin), Robert & Dolores Zehnder and Markus Bernard Merritt, are all in conspiracy, in malicious contempt of the orders of the Court in Cases 95-DR-2718, #96CO3788, #96CO3787, #96CO3786.

THEREFORE, Plaintiffs and them all; April Rose, Gartin & Elijah Rock, Gartin & Steve Douglas, Gartin, move the Honorable Court for Summary Judgment pursuant to Rule 56.

WHEREFORE, the Plaintiffs, and them all, move this Honorable Court to render a Summary Judgment for such other and further relief as the court deems just and proper in the premises.

Steve Douglas, Gartin, in his True Name and as the Proper Party Injured, avails himself of all the provisions of the laws and statutes of the state of Colorado and of the united States of America, which have been made and provided for relief and restoration of tortious actions by Defendants, and them all, and for cause, and other such statutes, made and provided, in protection of the unalienable rights of the Citizens.

I claim all Rights and Privileges under the Constitutions of the state of Colorado and the united States of America and at no time waive any right or privilege of my free will.

Dated this 21st day of August, 1996.

_____________________________________

Steve Douglas, Gartin

PO Box 114 Message Phone: 364-0403

Golden, Colorado Zip Exempt Message FAX: 739-9824

Plaintiff is Homeless and Indigent

Allow an extra 10 Days for delivery to PO Box and subsequent pickup

Please FAX for quicker response.

Law Note Index

[Note #1]

TITLE XII

Section 8. Oath of civil officers. Every civil officer, except members of the general assembly and such inferior officers as may be by law exempted, shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation to support the constitution of the united States and of the state of Colorado, and to faithfully perform the duties of the office upon which he shall be about to enter.

Section 9. Oaths - where filed. Officers of the executive department and judges of the supreme and district courts, and district attorneys, shall file their oaths of office with the secretary of state; every other officer shall file his oath of office with the county clerk of the county wherein he shall have been elected.

_________________________________________________________________

UNITED STATES CODE TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES CHAPTER 79 - PERJURY § 1621. Perjury generally

Whoever - (1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or (2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes a true any material matter which he does not believe to be true; is guilty of perjury and shall, except as otherwise expressly provided by law, be fined not more than $2,000 or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.

[Note #2]

Colorado Revised Statutes 14-10-129.5. Disputes concerning parenting time.

Upon a verified motion by either parent or upon the court's own motion alleging that a parent is not complying with a parenting time order or schedule and setting forth the possible sanctions that may be imposed by the court, the court shall determine from the verified motion, and response to the motion, if any, whether there has been or is likely to be a substantial and continuing noncompliance with the parenting time order or schedule

and either:

(b) Set the matter for hearing with notice to the parents of the time and place of the hearing;

After the hearing, if a court finds that a parent has not complied with the parenting time order or schedule and has violated the court order, the court, in the best interests of the child, may issue orders which may include but need not be limited to: the court shall separate the issues of child support and parenting time and

shall not condition child support upon parenting time;

(b) Modifying the previous order to meet the best interests of the child;

(c) Requiring the violator to post bond or security to insure future compliance;

Requiring that makeup parenting time be provided for the aggrieved parent and

children under the following conditions:

(II) That such parenting time is made up within one year after the noncompliance occurs;

That such parenting time is in the manner chosen by the aggrieved parent if it is in the

best interests of the child;

(e) Finding the parent who did not comply with the parenting time schedule in contempt of

court and imposing a fine or jail sentence;

(f) Scheduling a hearing for modification of custody with respect to a motion filed pursuant

to section 14-10-131 or 14-10-131.5;

(g) Awarding to the aggrieved party, where appropriate, actual expenses, including

attorney fees, court costs, and expenses incurred by a parent because of the other parent's

failure to provide or exercise court-ordered parenting time. Nothing in this section shall

preclude a party's right to a separate & independent legal action in tort.

[Note #3]

UNITED STATES CODE TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES CHAPTER 79 - PERJURY § 1622. Subornation of perjury

Whoever procures another to commit any perjury is guilty of subornation of perjury,

and shall be fined not more than $2,000 or imprisoned not more than five years, or both.

[Note #4]

UNITED STATES CODE TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES CHAPTER 13 - CIVIL RIGHTS

§ 241. Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any inhabitant of

any State, Territory, or District in the free exercise or enjoyment of any right or privilege secured to

him by the Constitution or laws of the united States, or because of his having so exercised the

same; or

If two or more persons go in disguise on the highway, or on the premises of another, with

intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured -

They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if

death results, they shall be subject to imprisonment for any term of years or for life.

The general assembly finds and declares that it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the minor children of the marriage after the parents have separated or dissolved their marriage. In order to effectuate this goal, the general assembly urges parents to share the rights and responsibilities of child-rearing and to encourage the love, affection, and contact between the children and the parents.

The court shall determine custody in accordance with the best interests of the child. The court, upon the motion of either party or upon its own motion, may order joint or sole custody after making a finding that joint or sole custody would be advantageous to the child and in his best interests. In determining the best interests of the child, the court shall consider all relevant factors, including:

[Note #6]

C.R.C.P. 121, 1-15-8

Duty to Confer. When appropriate to do so, moving counsel should confer with opposing counsel before filing a motion. The motion shall, at the beginning, contain a certification that the movant in good faith has conferred with opposing counsel about the motion. If no conference has occurred, the reason why shall be stated. If the relief sought by the motion has been agreed to by the parties or will not be opposed, the court shall be so advised in the motion.

[Note #7]

  1. R.C.P. IX. SPECIAL PROCEEDINGS Rule 73. Magistrate Judges;

Trial by Consent and Appeal Options

(a) Powers; Procedure.

When specially designated to exercise such jurisdiction by local rule or order of the district court and when all parties consent thereto, a magistrate judge may exercise the authority provided by Title 28, U.S.C. § 636(c) and may conduct any or all proceedings, including a jury or nonjury trial, in a civil case. A record of the proceedings shall be made in accordance with the requirements of Title 28, U.S.C. § 636(c)(7).

(b) Consent.

When a magistrate judge has been designated to exercise civil trial jurisdiction, the clerk shall give written notice to the parties of their opportunity to consent to the exercise by a magistrate judge of civil jurisdiction over the case, as authorized by Title 28, U.S.C. § 636(c). If, within the period specified by local rule, the parties agree to a magistrate judge's exercise of such authority, they shall execute and file a joint form of consent or separate forms of consent setting forth such election.

A district judge, magistrate judge, or other court official may again advise the parties of the availability of the magistrate judge, but, in so doing, shall also advise the parties that they are free to withhold consent without adverse substantive consequences. A district judge or magistrate judge shall not be informed of a party's response to the clerk's notification, unless all parties have consented to the referral of the matter to a magistrate judge.

The district judge, for good cause shown on the judge's own initiative, or under extraordinary circumstances shown by a party, may vacate a reference of a civil matter to a magistrate judge under this subdivision.

 

 

I hereby certify that a true and correct copy of the forgoing

Motion for Summary Judgment was placed into que

for delivery via FAX on August 22nd, 1996

to the following Parties at the listed FAX number.

CC: VIA FAX Numbers Listed_________________________________________

Jefferson County Court Chief Judge Henry Nieto FAX: 303-271-6270

Karsh & Fulton, P.C. Alan Karsh FAX: 303-782-0902

Bethlehem Lutheran, Inc. David Langewisch FAX: 303-238-7691

Timothy & Francisca Zehnder FAX: 303-932-2465

American Civil Liberties Union FAX: 303-777-1773

Federal District Court Judge Lewis T. Babcock FAX: 303-861-2233

Commission on Judicial Discipline FAX: 303-837-3601

U.S. Attorney FAX: 303-844-0098

  1. S. Supreme Court Grievance Committee FAX: 303-893-2443

U S West, Inc. Elizabeth Kiovsky FAX: 303-295-7046

 

Hard Copy available upon Request.