0% found this document useful (0 votes)
43 views7 pages

Child Support 0

Christopher Hauser Child Support

Uploaded by

jojo3940
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
43 views7 pages

Child Support 0

Christopher Hauser Child Support

Uploaded by

jojo3940
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 7

IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY

PENNSYLVANIA
Domestic Relations Section
126 S. UNION STREET, EASTON, PA, 18042-4444

CHAUNTE HAZZARD,
Docket Number:
DR-0081220
Plaintiff,
- against - PACSS Case Number:
775300592

Other State ID Number:


CHE M. FLUELLEN,

Defendant.
__________________________________________________________________________
This is a court of record.

JUDICIAL NOTICE
DEMAND FOR PERSONAL (MEDICAL\FINANCIALS) INFORMATION
SERVICE OF SUBPOENA IS MANDATORY

TO THE ABOVE TITLED COURT:


COME NOW, Che Fluellen in Propria Persona, who is alleged as the accused,

(hereinafter, “ACCUSED”) and is wrongfully named in the above as CHE M. FLUELLEN,

Respondent submits here Judicial Notice to this Court that he is unable to provide financial

and\or medical information without the service of valid subpoena.

Without the proper service of a subpoena, the ACCUSED cannot lawfully comply

with any request from this Court (hereinafter, “COURT”).

In Re EWS: Judicial Notice of Subpoena Required for Private Records: Case No. JJV95660A: 1 of 7
As a matter of law, an attorney cannot submit any affidavit to any case. All attorneys

know this procedure of law.

Statements of counsel in their briefs or argument while enlightening to the Court

are not sufficient for purposes of granting a motion or any relief. An attorney cannot be

a party and counsel within the same matter. See, Trinsey vs. Pagliaro, Opinion Civ. A.

No. 34873. May 28, 1964. – Emphasis added.

Any attempt by any officers of this COURT to intervene into personal information

then a lawsuit and claim will be filed in any court of competent jurisdiction pursuant to 42

U.S.C. Section 1983 under the color of State law for the due process violation of the Fourth

and Fourteenth Amendment to the United State Constitution.

Pursuant to the doctrine of Civil Rules of Evidence, section 201 per incorporation by

reference and under the provisions of Judicial Notice that the Courts take notice.

This Notice is not intended to be interpreted as a concession or consenting to in

personam or subject-matter jurisdictions in any way; rather, it serves to show due process

violations and proof of more civil rights offenses in this egregious and fraudulent operation

of this Court. The challenge of jurisdiction is available at any time. See, Rhode Island vs.

Massachusetts, 37 U.S. 657, 718 (1838) [1].

STANDARD REVIEW

Pursuant to Evidence rule 201, This Court can take Judicial Notice and an

adjudicative fact if it is “not subject to reasonable dispute.” See, Federal Rule of Evidence
1
There are few concepts that are as important to our nation’s jurisprudence as that of jurisdiction. As stated by the
Supreme Court of the United States, “Jurisdiction is the power to hear and determine the subject matter in
controversy between parties to a suit, to adjudicate or exercise any judicial power over them.” Rhode Island vs.
Massachusetts, 37 U.S. 657, 718 (1838).

In Re EWS: Judicial Notice of Subpoena Required for Private Records: Case No. JJV95660A: 2 of 7
201(d). If a court takes judicial notice of an indisputable fact in a civil case, the fact is

considered conclusive.

Federal Rule of Evidence 201(d): The court may take judicial notice at any stage of

the proceeding; (e) Opportunity to Be Heard. On timely request, a party is entitled to be

heard on the propriety of taking judicial notice and the nature of the fact to be noticed. If the

court takes judicial notice before notifying a party, the party, on request, is still entitled to be

heard;(f) In a civil and\or criminal trial, the fact of taken notice of is thereby conclusively

proved.

ARGUMENT

1. The ACCUSED cannot provide any personal financial information without a valid

service of process of a lawful subpoena from a court of competent jurisdiction.

2. The Fourth Amendment provides full protection against illegal search and seizure of

personal paperwork without a valid subpoena that is served properly upon the

ACCUSED.

3. Pursuant to 42 U.S. Code § 666 -- Requirement of statutorily prescribed procedures to

improve effectiveness of child support enforcement; 11(B) Financial or other

information. To subpoena any financial or other information needed to establish, modify,

or enforce a support order, and to impose penalties for failure to respond to such a

subpoena.

4. A landmark decision of the U.S. Supreme Court in which the Court redefined what

constitutes a "search" or "seizure" with regard to the protections of the Fourth

Amendment to the U.S. Constitution.[1] The decision expanded the Fourth Amendment's

protections from the right of search and seizures of an individual's "persons, houses,
In Re EWS: Judicial Notice of Subpoena Required for Private Records: Case No. JJV95660A: 3 of 7
papers, and effects", as specified in the U.S. Constitution, to include as a constitutionally

protected area "what [a person] seeks to preserve as private, even in an area accessible to

the public". See, Katz vs. United States, 389 U.S. 347 (1967),

5. As the Court unanimously held a pro se complaint, "however in-artfully pleaded," must

be held to "less stringent standards than formal pleadings drafted by lawyers" and can

only be dismissed for failure to state a claim if it appears "beyond doubt that the

[plaintiff] can prove no set of facts in support of his claim which would entitle him to

relief." Id., at 520 521. See, Haines vs. Kerner, et al. 404 U.S. 519,92 S.Ct. 594,30 L. Ed.

2d 652.

6. The HIPAA Privacy Rule: Establishes national standards to protect individuals' medical

records and other individually identifiable health information (collectively defined as

“protected health information”) and applies to health plans, health care clearinghouses,

and those health care providers that conduct certain health care transactions

electronically. The Rule requires appropriate safeguards to protect the privacy of

protected health information and sets limits and conditions on the uses and disclosures

that may be made of such information without an individual’s authorization.

CONCLUSION

As a result of the foregoing, all demands for personal financial information and health

information shall be requested by a valid subpoena from the court of competent jurisdiction

and that shall be furthermore shall be sent to ACCUSED via a valid service of process.

Dated: ________________________

In Re EWS: Judicial Notice of Subpoena Required for Private Records: Case No. JJV95660A: 4 of 7
(STATE of WISCONSIN)
(COUNTY OF RACINE) ss.

Respectfully submitted,

_______________________
Nathan Huiras, In Propria Persona who is
allegedly the ACCUSED, wrongfully
named NATHAN HUIRAS, Respondent.
All Right Reserved pursuant to UCC-1-
308.

In Re EWS: Judicial Notice of Subpoena Required for Private Records: Case No. JJV95660A: 5 of 7
VERIFICATION

(STATE of ______________________ )

(COUNTY of _____________________ ) ss.

I, ______________________________(PRINT) being duly sworn, deposed and says


that I am named as the ACCUSED in the above-entitled proceeding and that the
foregoing information is true to his own knowledge, except as to matters herein stated to
be alleged on information and belief and as to those matters he believes it to be true.

By:______________________________
(Signature), ACCUSED, In Propria
Persona. All Rights Reserved pursuant to
UCC-1-308.

The foregoing instrument was acknowledged before me

This________day of __________________,

By _________________________________

Sworn to before me this ___ day of _______ , _____ .

___________________________
Notary Public

My Commission Expires____________________

In Re EWS: Judicial Notice of Subpoena Required for Private Records: Case No. JJV95660A: 6 of 7
Certificate of Service
I certify that this Judicial Notice of Demand for Personal (Medical\
Financials) Information Service of Subpoena is Mandatory was either hand-
delivered or mailed first class USPS to the following parties, to wit:

DOUGHERTY COUNTY SUPERIOR COURT


CLERK OF THE COURT
ATTN: EVONNE S. MULL, CLERK
225 PINE AVE, ROOM 126
ALBANY, GA 31701
PH. (229) 431-2198
WEBSITE: dougherty.ga.us

THE DIVISION OF CHILD SUPPORT SERVICES


ATTN: BRIAN OLIVER SKALA
200 WEST OGLETHORPE BLVD, SUITE 201
ALBANY, GA 31701
PH. (229) 430-5092

Date: _________, 2022

By:_____________________________©
Signature

Account No. JJV95660A

ALJ: Unknown name of Judge

Return All Replies To:


John Andres Gonzo
℅ 12395 Tulare Road
Cucamonga, California republic

In Re EWS: Judicial Notice of Subpoena Required for Private Records: Case No. JJV95660A: 7 of 7

You might also like