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From: Sharon4Anderson
To: Shewolfeagle
CC: Sharon4Mayor
Sent: 10/26/2009 5:19:55 P.M. Central Daylight Time
Subj: Appeal 62cv09-1163 www.mncourts.gov
This document must be accompanied by 2 copies of a completed statement of the case. IFP Service by Sheriff Bob.Fletcher@co.ramsey.mn.us HYPERLINK "RCAP.htm" \l "a13303 APPENDIX OF FORMSTo: All Persons with legal interest in the Parcels of Real Property described in the Following Delinquent Tax List, Filed with District Court Administrator Lynae.K.E. Olson 651-2202, published 18Mar09 MapleWood Review www.review-news.comand all Candidates for Political Offices www.sharon4mayor2010.blogspot.com ******************************************************************************AUDITOR MARK OSWALD, Elections/Taxes Supervisor, Canvass Board, State of Minnesota, Rule 24.04 by and thro State Attorney General Lori Swanson www.ag.state.mn.us, Michael Campion, Public Safety,Larry Dease,Court Administrator,St.Paul Mayor Chris B. Coleman,City Clerk Shari Moore,Council President Kathy Lantry et al, www.ci.stpaul.mn.us, Janice Rettman res: No 2009-012,Toni Carter Canvass Board and County Commissioners, www.co.ramsey.mn.us DSI Bob Kessler,Joel EsslingJohn Harrington Chief Police,his agents , Kathy Wuorinen,Don Luna,Tanya Hunter, Aaron Foster, Police Impound Lot, Rapid Towing et al in their Official Capacity‘s, Ind ividually,Severally, acting in concort with John Doe and Mary Roe. SCAP,Judges Kathleen Gearin,Joanne Smith,Gregg Johnson,Salvador Rosas,Larry Cohen et al, unk at this time 1988 Files 495722 499129 Default 66 Million Dollars. In re Scarrella4 Assoc. Justice 221NWS2d,562697 SURREY AVE 32.29.22.41.0053$2,499.43 St.Paul,MN.55106 ,Intestate Decedant www.cpljimanderson.blogspot.com ,VA Widow,Senior,Disabled Political Activist Sharon Anderson aka Peterson_Chergosky_Scarrella www.sharon4staterep64a.blogspot.com http://sharon4council.blogspot.com http://sharon4privateattorneygeneral.blogspot.com + 96 Blogs www.sharonanderson.org , et al as their interest appear , Defendants and 3rd Party Plaintiffs,Intestate Decedants Tenant in Common Wm.O and Bernice A.Peterson. http://crimes-against-humanity.blogspot.comTitle to Sharons Cars,Trailers,Peterbilt,Realestate in Fee Simple AbsoluteNotice: Ins.Claim Stolen 91 Chrysler V-1C4GY54R5MX597169TRIAL COURT CASE NUMBER: 62cv09-1163 DATE OF ORDER: 8Sept.09 OR http://www.slideshare.net/Sharon4Anderson/62cv091163vandenorthsumjudg8sept09TO: Clerk of the Appellate Courts Fred Grittner et al Minnesota Judicial Center St. Paul, MN 55155 Please take notice that the above-named defendant's 3rd party plaintiff's appeals to the Court of Appeals of the State of Minnesota from an order (judgment) of the court filed (10Sept09) on the date shown, denying defendant's_ QuiTam Relator motion's Jury trial Evidentiary Hearing, Fact Finding,Continuence, Affidavit of Prejudice and for Public Policy pdf Formats found at www.sharon4anderson.wordpress.com
Affidavit of Prejudice AffidavitPrejudice Kathleen Gearin Judge 08/12/2009 Notice of Motion and MotionSharons FactFinding 62cv09-1163 Taxes/Elections 08/13/2009 Other DocumentMotion to Continue 62cv09-1163Judge John Vandenorth 08/17/2009 08/19/2009 Motion http://www.slideshare.net/Sharon4Anderson/sharon4andersonwebnair-20aug09 FORM 133. STATEMENT OF THE CASE STATE OF MINNESOTA (IN COURT OF APPEALS) CASE TITLE: General,Civil,Criminal Eminent Domain,Taxes,Forfeiture,Constitutionality MS 429.061 Fees/Assess/ROW STATEMENT OF THE CASE OF (RESPONDENT) TRIAL COURT CASE NUMBER:62cv09-1163 (Vandenorth)Reporter(Martinez) vs. APPELLATE COURT CASE NUMBER: UNK Respondent. 1. Court or agency of case origination and name of presiding judge or hearing officer.Answer/Cross/1/2MillionClaim v.CitySt.Paul St.Paul City Council (Lantry) thurs,5Jul2007,Res Assess 07-601pub.hearing 15Aug07,(GS3041156) Notice to Combine Item 51 Res.Ratifying Assessments 07-609 from 12Apr to 27Apr07 (J0707A J0708A: Assm.#8337 697 Surrey ID 32-29-22-41-0053, Referred to Risk Management Ron Guilfoile, See Venue: Ramsey Dist. Crt. 62cv09-1163 Judge Edward Cleary, Recused, Judge Gregg Johnson Recused, Judge John Vandenorth.Tax and Property Look Up Information - Quick Info 697 Surrey http://www.mncourts.gov/opinions/sc/current/OPA090064-0306.pdf re Mark Oswald Canvass BoardQUESTIONS PRESENTED 1. Whether the Court criminally abused its discretion by Acting a WAR with MN Constitution Art. X to dispose of appellants’ constitutional challenge , Bizzare Method of City St.Paul Fees/Assessments/ROW by Theft,Trespass and Treason.? Usury Interest on Property Tax Statement without WritProA06-1150 30Jun06 Formal Complaints,Warrants,Tickets to Defend. Sections 212, 214(b), 214(c), 304, 319, and 403(b) of the Bipartisan Campaign Re-form Act of 2002 (BCRA), Pub. L. No. 107-155, 116 Stat. 81, because those challenges are plainly nonjusticiable or insubstantial under settled law. bipartisan campaign re-form act 2002 - Google SearchMinnesota's Longest Arm: Jurisdiction Over the Internet - Law Firm Mansfield, Tanick and Cohen, P.A. Attorneys Minneapolis, M..AFFIANT; SET'S FORTH THIS CLAIM OF INJURY CAUSED BY EMPLOYEES OF THE MUNICIPAL CORPORATION OF THE CITY OF ST. PAUL ,COUNTY OF RAMSEY, POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA AND THEIR TRUSTEE'S UNDER THE NAME OF THE UNITED STATES /GOVERNMENT/CORPORATION 42 USC 3631 GROUNDS FOR INJURY VIOLATIONS OFTITLE 18 USCs: 241,242,245, Civil Rights Division Home Page HATE CRIMES, R.I.C.O. 18 USCs 1581 Peonage, 1584,ServitudeHONEST SERVICE FRAUD & VIOLATION OF THE US and State of Minnesota's Constitution's & STATUTES of wrong doings, "Bad Behavior" MS609. 609 - CRIMINAL CODE, 2009 Minnesota Statutes2. Minnesota is a “Right to Work” State! Affiant 1973 Started the Church of Justice Reform, legally incorporated at 1058 Summit Ave. St. Paul, re: Scarrella v. Midwest Fed S&L - Google SearchIts OK to practice God`s law with out a license, Luke 11:52, Sharon in Good Faith re: God`s Law was here first! “There is a higher loyalty than the Office of Justice of the MN Supreme Court. Sharon Scarrella for Assoc. Justice MN Sup Crt. - Google Search loyalty to this country, loyalty to God” U.S. v. Seeger, 380 U.S. 163, 172, 85 S. Ct. 850, 13 L. Ed. 2d 733 (1965)3. “The practice of law can not be licensed by any state/State. Schware v. Board of Examiners, United States Reports 353 U.S. pgs. 238, 239. Schware v. Board Examines - Google Search40 yrs ago by Corrupt Officials, Cold Case Murders http://minnesota-murders.blogspot.com Barb Winn aks Aaron Foster Manager of Police Impound Lot "who stole sharons car", Greenly and 10 month Baby Boy Henry Gooselaw Jr (40) years ago.and allow the state militia to enforce and bring claims of injury to the Minnesota State Legislature and floor of Congress to have these issue address and deal with in 72 hour of such complaint or before a citizen tribunal hearing board. or Convene Grand Jurys.Option (B), Bring in the military to help set up a new government to be put in place and remove all federal and state officials who are guilty of Malfeasance,Nonfeasance,Misfeasance from office and brought them up on military charges as was done in Germany 1945 for crime against humanity. That how relief can be granted. The debt cause in this action comes under the 14th amendment section 3 people section4 tell how to collect this debt..as the "takings" of our Homesteads via City Council's RICO Acts of Theft,Trespass,Treason placed on Property Taxes without Public Improvements to cause Eminent Domain must not stand.Disclaimer: City of St.Paul cannot and must not tax,Fees/Assessments/ROW based onCriminal RICO Acts of Theft of Cars,Trailers,Personal Property, Water, Trespass on private Property ie 3 Thousand Cases, Affiant is the only one to Answer, and Treason to Deny Act at War with STate and Federal Laws, Constitutional Guarantees on Candidate Sharon Anderson aka Sharon4Anderson,Scarrella,Peterson-Chergosky_Beckley, Woman,Senior,Disabled, in a Protected Class. REFERANCE COURT CASES 1. Picking v. Pennsylvania R. Co. 151 Fed. 2nd 240; Pucket v. Cox 456 2nd 233.Additionally, pro se litigants are to be given reasonable opportunity to remedy the defects in their pleadings. Reynoldson v Reynoldson v Shillinger - Google Search Shillinger 907F .2d 124, 126 (10th Cir. 1990); See also Jaxon v Circle K. Corp. 773 F.2d 1138, 1140 (10th Cir. 1985) (1) Jaxon v. Circle K. Corp - Google Search2. Haines v. Kerner (92 S. Ct. 594). The respondent in this action is a not a Liar or -lawyer and is moving forward in Haines v. Kerner - Google Search3. NAACP v. Button (371 U.S. 415); United Mineworkers of America v. Gibbs (383 U.S. 715); NAACP v. Button - Google Searchand Johnson v. Avery 89 S. Ct. 747 (1969). Members of groups who are competent non-lawyers Johnson v. Avery - Google Search can assist other members of the group achieve the goals of the group in court without being charged with “Unauthorized practice of law.”4. Brotherhood of Trainmen v. Virginia ex rel. Virginia State Bar (377 U.S. 1); Brotherhood of Trainmen v. Virginia Bar - Google SearchArgersinger v. Hamlin, Sheriff 407 U.S. 425. Litigants may be assisted by unlicensed layman during judicial proceedings. Argersinger v. Hamlin - Google Search5. Howlett v. Rose, 496 U.S. 356 (1990) Federal Law and Supreme Court Cases apply to State Howlett v. Rose - Google Search Court Cases 6. Federal Rules Civil Proc., Rule 17, 28 U.S.C.A. “Next Friend” A next friend is a person who represents Fed Rules 17, 28 USCA Next Friend - Google Search7. Minnesota Court Rules and Procedures, Minnesota Court Rules - Google Search Title 12, sec. 2017 (C) “If an infant or incompetent person does not have a duly appointed representative he may sue by his next friend or by a guardian ad litem.” 8. Mandonado-Denis v. Castillo-Rodriguez, 23 F3d 576 (1st Cir. 1994) Inadequate training of subordinates may be basis for 1983 claim.9. Warnock v. Pecos County, Tex., 88 F3d 341 (5th Cir. 1996) Eleventh Amendment does not Warnock v. Pecos County Tex - Google SearchNOTICE: We, the people, reserve the right to amend this Appeal at any time daring the Process of this action at bar as www.usbank.com is the holding company for City of St. Paul and County of Ramsey Taxes, and that 20+ years ago Lesbian Judge Kathleen Gearin kicked us out of our Paid for Home, triggering the Heinous, Repugnant Deprivation of the Anderson's both Disabled, Jim Silver Star, Purple Heart Marine (Korea), as said Judge apparantly embellzed over $110,000.00Examining the organization and function of the Federal Reserve Banks, and applying the relevant factors, we conclude that the Reserve Banks are not federal instrumentalities for purpose of the FTCA, but are independent, privately owned and locally controlled corporations.” Each Federal Reserve Bank is a separate corporation owned by commercial banks in its region. The stockholding commercial banks elect two thirds of each Bank's nine member board of directors. The remaining three directors are appointed by the Federal Reserve Board. The Federal Reserve Board regulates the Reserve Banks, but direct supervision and control of each Bank is exercised by its board of directors. 12 U.S.C. § 301. The directors enact by-laws regulating the 12 USC 301 - Google Searchmanner of conducting general Bank business, 12 U.S.C. § 341, and appoint officers to implement 12 USC 341 - Google Searchand supervise daily Bank activities. These activities include collecting and clearing checks, making advances to private and commercial entities, holding reserves for member banks, discounting the notes of member banks, and buying and selling securities on the open market. See 12 U.S.C. §§ 341 361. 12 USC 341-361 - Google SearchThe fact that the Federal Reserve Board regulates the Reserve Banks does not make them federal agencies under the Act. In United States v. Orleans, 425 U.S. 807, 96 S. Ct. 1971, 48 L. Ed. 2d US v. Orleans - Google Search390 (1976), the Supreme Court held that a community action agency was not a federal agency or instrumentality for purposes of the Act, even though the agency was organized under federal regulations and heavily funded by the federal government. Because the agency's day to day operation was not supervised by the federal government, but by local officials, the Court refused to extend federal tort liability for the negligence of the agency's employees. Similarly, the Federal Reserve Banks, though heavily regulated, are locally controlled by their member banks. Unlike typical federal agencies, each bank is empowered to hire and fire employees at will. Bank employees do not participate in the Civil Service Retirement System. They are covered by worker's compensation insurance, purchased by the Bank, rather than the Federal Employees room. When the Department Of Justice fails to prevent these actions in the courtroom and conceal the truth this now show collusion between all three branches of government. One branch of our government such had integrity to stand up for what is right. Their failure to do so comes under the term of high crimes and treason, war crimes, human rights violations, R.I.C.O., and etc. This Appellate Court of the State of Minnesota www.mncourts.gov is being placed on Notice. Every Federal and State Court outside of the Ten square miles area and the Federal Court inside of that ten square miles, area have made it impossible, through its own corruption. For the People and Sharon Scarrella Anderson for over 30 years lacked enforcement and has been denied the ability to defend herself as those in Nazis Germany under Hitler. Those who set in the same position in Germany at ,that time as member of their Government and Military stood before our Military Court and the World Court and were tried for war crimes and crime against humanity. Years later they are still being rounded up and charged. There is no statute of limitation on these types of crimes. This Superior Court of the STate of Minnesota has the choice to find some type of humanity to give to the People of this nations or pursuing their course of action, knowing that such action is a crime and some day run the risk of be tried in another world court.This Superior Court of the State of Minnesota is fully aware that a corporation can not bring charges against a living being. The High Court has ruled this in U.S. Supreme Court PENHALLOW v. DOANE'S ADM'RS, 3 U.S. 54 (1795) and Rule 17, requires a interest party a living body. Penhallow v. Doanes Admr - Google Search11th amendment commerce clause - Google Search public welfare. But because Congress' control over the Civil Air Patrol is limited and the corporation is not designated as a wholly owned or mixed ownership government corporation under 31 U.S.C. §§ 846 and 856, the court concluded that the corporation is a nongovernmental, 31USC 846 - Google SearchConclusion The issue being place before this Superior Court of the State of Minnesota is a history of the abuse being allowed by the Federal and State Courts outside the Ten square miles and by the Federal Courts inside the State of Minnesota against all American Nationals. This is in direct violation of our federal constitution and statutes and title 50 and the 15 Statutes at Large, Chapter 249 (section 1), enacted July 27, 1868 Chap. CCXLIX. ---An Act concerning the Rights of American Citizens in foreign Title 50 - Google Search States and of the above. The American people never rescinded their citizenship to their country, but by the misuse of legislation, created by the Bar Association, they have fraudulently expatriated the public officials from our Country the united States of America and their citizenship to a foreign state standing outside of the constitution and Suspended the Federal and all State Constitutions without the people knowledge or consent. By the Courts continuing these actions in the courtrooms they have become a co-conspirator in acts of mutiny and the overthrow of a constitutional form of government. Legislators are hiding behind the separation of power clause, knowing full well of these injuries, being done to the people. When legislation by Congress could be created to prevent this injury, and their willful failure to do so, make them as guilty as those Court officials who deny the supreme of the land in their court bears the risks, and the Maritime law compelling specific performance in paying the interest, or premiums are the same. Prior to 1913, most Americans owned clear, allodial title to property, free and clear of any Allodial Title - Google Searchliens or mortgages until the Federal Reserve Act (1913) "Hypothecated" all property within the Federal Reserve Act (1913) - Google Searchfederal United States to the Board of Governors of the Federal Reserve, -in which the Trustees (stockholders) held legal title. The U.S. citizen (tenant, franchisee) was registered as a "beneficiary" of the trust via his/her birth certificate. In 1933, the federal United States hypothecated all of the present and future properties, assets and labor of their "subjects," the 14th amendment us constitution - Google Search 14th Amendment U.S. citizen, to the Federal Reserve System. In return, the Federal Reserve System agreed to extend the federal United States corporation all the credit "money substitute" it needed. Like any other debtor, the federal United States government had to assign collateral and security to their creditors as a condition of the loan. Since the federal United States didn't have any assets, they assigned the private property of their "economic slaves", the U.S. citizens as collateral against the un-payable federal debt. They also pledged the unincorporated federal territories, national parks forests, birth certificates, and nonprofit organizations, as collateral against the federal debt. All has already been transferred as payment to the international bankers. The Banks are listed neither as "wholly owned" government corporations under 31 U.S.C. § 31 USC - Google Search846 nor as "mixed ownership" corporations under 31 U.S.C. § 856, a factor considered in 31 USC 846,856 - Google SearchWilful failure to address the Affidavit of Prejudice against Ramsey Co. Chief Judge Kathleen Gearin www.sharon4anderson.wordpress.comwhich held that the Civil Air Patrol is not a Pearl v. US,230 F. 2d 243 - Google Search federal agency under the Act. Closely resembling the status [*1242] of the Federal Reserve Bank, the Civil Air Patrol is a non-profit, federally chartered corporation organized to serve the from sources within or outside the United States. United States Congressional Record, March 17, 1993 Vol. 33, page H-1303It is an established fact that the United States Federal Government has been dissolved by the Emergency Banking Act, March 9, 1933, 48 Stat. 1,Public Law 89-719; declared by President Emergency Banking Ace Mar 9 1933 - Google SearchRoosevelt, being bankrupt and insolvent. H.J.R. 192, 73rd Congress m session June 5, 1933 - Emergency Banking Act June 5th 1933 - Google SearchJoint Resolution to Suspend the Gold Standard and Abrogate the Gold Clause dissolved the Sovereign Authority of the United States and the official capacities of all United States Governmental Offices, Officers, and Departments and is further evidence that the United States supply of a money substitute in the economy without a corresponding increase in the gold and silver backing, inflation occurs. The Federal Reserve System is based on the Canon law and the principles of sovereignty protected in the Constitution and the Bill of Rights. In fact, the international bankers used a "Canon Law Trust" as their model, adding stock and naming it a "Joint Stock Trust." The U.S. Congress had passed a law making it illegal for any legal "person" to duplicate a "Joint Stock Trust" in 1873. The Federal Reserve Act was legislated post-facto (to 1870), 3. 1935 U.S. v. Constantine, 296 U.S. 287 The INTERNAL REVENUE SERVICE Ruled US v. Constantine 296 - Google Searchunconstitutional since prohibition has been repealed. No legislative act Has ever lawfully established the IRS as a Department of the United States Treasury. 4. 1818: U. S. v. Beavans, 16 U.S. 336. Established two separate jurisdictions within the US v. Beavans - Google SearchUnited States Of America: 1. The “federal zone” and 2. “the 50 States”. The I.R.C. (INTERNAL REVENUE CODE) only has jurisdiction within the “federal Zone”. 5. Fraud by Trickery: Zone Improvement Plan (Zip Code) Congress divides the union states (50 ) into 10 Federal Zones in violation of Constitution and Color of Law. Found in Postal Code. There are to type of action to which any Court can operate one is civil as found in the Federal Rule of Civil Procedure Rule 2 or under Criminal Which is found under Title 50 Chapter 3 Section 23 Jurisdiction of United States courts and judges; upon complaint against any alien enemy resident and at large within such jurisdiction or district, to the danger of the public peace. The department of the IRS is misusing this section as defined below. {HYPERLINK "http://www.law.cornell.edu/uscode/html/uscode26/usc_sup_01_26.html" \o "TITLE 26 - INTERNAL REVENUE CODE"} > {HYPERLINK "http://www.law.cornell.edu/uscode/html/uscode26/usc_sup_01_26_10_A.html" \o "Subtitle A - Income Taxes"} > {HYPERLINK "http://www.law.cornell.edu/uscode/html/uscode26/usc_sup_01_26_10_A_20_3.html" TITLE 18, U.S.C., SECTION 245 The portion of Section 245 of Title 18 which is primarily enforced by the Criminal Section makes it unlawful to willfully injure, intimidate or interfere with any person, or to attempt to do so, by force or threat of force, because of that other person's race, color, religion or national origin and because of his/her activity as one of the following: (b) a participant in any benefit, service, privilege, program, facility or activity provided or administered by the United States. (e) a participant in any program or activity receiving federal financial assistance. The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any. {HYPERLINK "http://www.law.cornell.edu/uscode/26/usc_sup_01_26.html" \o "TITLE 26 - INTERNAL REVENUE CODE"} > {HYPERLINK "http://www.law.cornell.edu/uscode/26/usc_sup_01_26_10_F.html" \o "Subtitle F - Procedure and Administration"} > {HYPERLINK "http://www.law.cornell.edu/uscode/26/usc_sup_01_26_10_F_20_64.html" \o "CHAPTER 64 - COLLECTION"} > {HYPERLINK "http://www.law.cornell.edu/uscode/26/usc_sup_01_26_10_F_20_64_30_D.html" \o "Subchapter D - Seizure of Property for Collection of Taxes"} > {HYPERLINK "http://www.law.cornell.edu/uscode/26/usc_sup_01_26_10_F_20_64_30_D_40_II.html" \o "PART II - LEVY"} > § 6331. Levy and Distraint (a) Authority of Secretary If any person liable to pay any tax neglects or refuses to pay the same within 10 days after notice and demand, it shall be lawful for the Secretary to collect such tax (and such further sum as shall be sufficient to cover the expenses of the levy) by levy upon all property and rights to property (except such property as is exempt under section {HYPERLINK "http://www.law.cornell.edu/uscode/uscode26/usc_sec_26_00006334----000-.html"}) belonging to such person or on which there is a lien provided in this chapter for the payment of such tax. Levy may be made upon the accrued salary or wages of any officer, employee, or elected official, of the United States, the District of Columbia, or any agency or instrumentality of the United States or the District of Columbia, by serving a notice of levy on the employer (as defined in section 3401(d)) of such officer, employee, or elected official. If the Secretary makes a finding that the collection of such tax is in jeopardy, notice and demand for immediate payment of such tax may be made by the Secretary and, upon failure or refusal to pay such tax, collection thereof by levy shall be lawful without regard to the 10-day period provided in this section. United States Supreme case decision on taxes just to name a few. Taxes can only apply to those under 26 USC 6331 and not the people of the several fifty states. Below are the case laws. 1. 1895 Pollock v. Farmers Loan and Trust Co. 157 U. S. 429, 158 U.S. 601 The Supreme Court ruled “income tax” unconstitutional. Pollock v. Farmers Loan - Google SearchCongress cannot by any definition it may adopt conclude what income is, since it cannot by legislation alter the Constitution, from which alone it derives its power to legislate and within who’s limitations alone that power Can be lawfully exercised. long been a part of human history. It is only recently, however, that our society has given it a name and decided to monitor it, study it and legislate against it." 1 The FBI defines a hate crime (a.k.a. bias crime) to be: "a criminal offense committed against a person, property or society which is motivated, in whole or in part, by the offender's bias against a race, religion, disability, sexual orientation, or ethnicity/national origin." (America Nationals) Public Law #103-322A, a 1994 federal law, defines a hate crime as: "a crime in which the Hate Crime Public Law #103-322A - Google Search defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person." Official definitions of hate crimes: Typical hate crime laws criminalize the use of force, or the threat of force, against a Person because they are a member of a specific, protected group. Four definitions of the term "hate crime" are: Hate Crimes Statistics Act (1990): "... crimes that manifest evidence of prejudice based on race, religion, sexual orientation, or ethnicity, including where appropriate the crimes of murder, nonnegligent manslaughter, forcible rape, aggravated assault, simple assault, intimidation, arson, and destruction, damage or vandalism of property." (Public Law 101-275). Bureau of Justice Administration (BJA; 1997): "Hate crimes--or bias-motivated crimes—are defined as offenses motivated by hatred against a victim based on his or her race, religion, sexual orientation, ethnicity, or national origin." Anti-Defamation League (ADL): A hate crime is "any crime committed because of the victim's actual or perceived race, color, religion, ancestry, national origin, disability, gender [male or female] or sexual orientation." National Education Association (NEA): "Hate crimes and violent acts are defined as offenses motivated by hatred against a victim based on his or her beliefs or mental or physical characteristics, including race, ethnicity, and sexual orientation." Traditional hate crime legislation protects persons because of "his race, color, religion or national origin , " as in the case of the 1969 federal hate crimes law. (18 U.S.C. Section 245). Most state laws now include additional protected groups. Some laws are restrictive and Only protect a member of a group if she/he is involved in specific activities. For example, the 1969 federal law only applies if the crime happens when a person is attending a public school or is at work or participating in one of four other "federally protected activities." persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.” (28 C.F.R. Section 0.85) TITLE 18 > PART I > CHAPTER 113B > § 2331 § 2331. Definitions (5) the term “domestic terrorism” means activities that— (A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; (B) appear to be intended— (i) to intimidate or coerce a civilian population; HR 3162 RDS SEC. 802. DEFINITION OF DOMESTIC TERRORISM. `(5) the term `domestic terrorism' means activities that-- `(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; `(B) appear to be intended-- `(i) to intimidate or coerce a civilian population HATE CRIMES When the Federal Government; Legislative, Executive and Judicial branches allows such action they are now aiding & abating in Hate crimes as defined by the FBI in the following issue. When these Government offices have had complaint filed into them and the people has had appointment to cover these issues in person with the public officials and they refuse to address the complaint. By hiding behind the separated of power clause. These are the same official who created, enforce and minister the laws. If law can be created to injury, be enforced and minister to injury the people then laws can be made to reversed such injuries by the same means. The FBI's hate-crime report for 2002 quotes a statement about hate crimes by the American Psychological Association: "...not only is it an attack on one's physical self, but is also an attack on one's very identity."Attacks upon individuals because of a difference in how they look, pray or behave have (B) Cruel or inhuman treatment.— The act of a person who commits, or conspires or attempts to commit, an act intended to inflict severe or serious physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions), including serious physical abuse, upon another within his custody or control. (C) Performing biological experiments.— The act of a person who subjects, or conspires or attempts to subject, one or more persons within his custody or physical control to biological experiments without a legitimate medical or dental purpose and in so doing endangers the body or health of such person or persons. (D) Murder.— The act of a person who intentionally kills, or conspires or attempts to kill, or kills whether intentionally or unintentionally in the course of committing any other offense under this subsection, one or more persons taking no active part in the hostilities, including those placed out of combat by sickness, wounds, detention, or any other cause. (I) Taking hostages.— The act of a person who, having knowingly seized or detained one or more persons, threatens to kill, injure, or continue to detain such person or persons with the intent of compelling any nation, person other than the hostage, or group of persons to act or refrain from acting as an explicit or implicit condition for the safety or release of such person or persons. (2) Definitions.— In the case of an offense under subsection (a) by reason of subsection (c)(3)— (A) the term “severe mental pain or suffering” shall be applied for purposes of paragraphs (1)(A) and (1)(B) in accordance with the meaning given that term in section 2340 (2) of this title; TITLE 18 > PART I > CHAPTER 113C > § 2340 § 2340. Definitions Title 18 2340 - Google Search(2) “severe mental pain or suffering” means the prolonged mental harm caused by or resulting from (C) the threat of imminent death; or (D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality; and (3) “United States” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States. DOMESTIC TERRORISM There is no single, universally accepted definition of terrorism. Terrorism is defined in the Code of Federal Regulations as “...the unlawful use of force and violence against pretender and or agents who has expatriated themselves from the constitutional form of government to a foreign state standing then to allow the misuse or impersonate a constitutional position in order to collect federal funds and to bond these cases to place in a insurance account under ticket numbers, case number or use of federal ID number in a time that a State Emergency has been declared. This misuse of that public office and in a state of emergency a war crime and also is defined as a hate crime as a group is being singled out (American National) and also falls under the term of R.I.C.O. (TITLE 18 > PART I > CHAPTER 96 > § 1961) § 1961. Definitions Title 18 s 1961 - Google Search(1) “racketeering activity” means (A) any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical. (2) “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, any political subdivision, or any department, agency, or instrumentality thereof; (4) “Enterprise” includes any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity; (5) “pattern of racketeering activity” requires at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity; Definition of a war crime comes under. TITLE 18 > PART I > CHAPTER 118 > § 2441 § 2441. War crimes Title 18 s 2441 - Google Search§ 4. Licenses to enemy or ally of enemy insurance or reinsurance companies; change of name; doing business in United States. Required SR 22 bond Laws vary from state to state on the legal requirements one must meet in order to be a licensed driver. In most states, one must carry proof of insurance in order to drive; being caught without proof of insurance carries a stiff penalty. An SR22 is a financial responsibility document that informs the state that a driver has met his or her insurance requirements. Function While all states require drivers to be insured in order to legally drive, most states do not require that the state has documentation of said insurance unless the driver is pulled over or otherwise attracts the attention of the Department of Motor Vehicles. In certain cases, however, a driver will need to register his or her insurance with the state, and that is where the SR22 comes in. The SR22 is generally filed by the insurance provider and tells the state that the driver does have the insurance required to be on the road. In the event that the insurance policy is canceled, the provider is likewise required to inform the state that the driver does not have the required coverage. State-to-State Differences Some states (Pennsylvania, Delaware, Minnesota, Kentucky, New Mexico, and Oklahoma) never require an SR22, but if a driver required one in his or her previous state, it is still necessary to remain on file with that state; moving from Ohio to Oklahoma will not absolve one of his or her responsibilities towards Ohio. Additionally, if the requirements for insurance are different, the driver must meet the requirements for both states in order to drive legally. Neither New York nor North Carolina, however, require out-of-state SR22 filings so returning by circumstances beyond his control. By the Federal and State Courts allowing such act by the Federal and State v. Bevans, 16 U.S. 3 Wheat. 336 336 (1818) these case law show that there are three different and distinct forms of the United States of America. The Federal and State Courts and the Federal and State pretenders and their agents have misused the meaning of these Supreme Court cases along with title 50 of the USC and have knowingly defrauded the America people by expatriation them from their own country in the courtrooms and silenced them making the people the enemy of the state under this USC title 50. By and thru mandatory licensing, regulation of transactions in foreign exchange of gold or silver to FEDERAL RESERVE NOTES, property transfers by placing all property under the name of the State such as homes ,vehicles, children, animals, firearms and etc. The Federal and State pretender and or agents have made a willful presumption of expatriation on the part of the People therefore denying the People their rights to their lawful standing as an American National. The court has willfully and knowing concealed this from the people. The following Congressional Statute at large has given the People protection from foreign state under the federal constitutional 11th amendment not subject to foreign state. 15 Statutes at Large, Chapter 249 (section 1), enacted July 27, 1868. American citizens, with their descendants, are subjects of foreign states, owing allegiance to the government thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed, Therefore: Be it enacted by the Senate and the House of Representatives of the United States of American in Congress assembled, That any declaration, instruction, opinion, order, or decision, of any officers of a government which denies., restricts , impairs or questions the rights of expatriation , is hereby declared inconsistent with the fundamental principles of this government. (B) the court having jurisdiction over the defendant in the case; (ii) shall be an officer of the court, and the powers of the Federal Receiver shall include the powers set out in section 754 of title 28, United States Code; and (iii) shall have standing equivalent to that of a Federal prosecutor for the purpose of submitting Title 28 - Google Searchrequests to obtain information regarding the assets of the defendant - (I) from the Financial Crimes Enforcement Network of the Department of the Treasury; or (II) from a foreign country pursuant to a mutual legal assistance treaty, multilateral agreement, or other arrangement for international law enforcement assistance, provided that such requests are in accordance with the policies and procedures of the Attorney General. (c) As used in this section - The term United States has been defined in Title 28, USC under § 3002 15 (a) as a Federal Title 28 USC 3002 - Google SearchCorporation CJS Vol 20 § 1785 a Foreign Corporation and substantiated by Supreme Court case laws. BLACKS LAWS FIFTH EDTION FOREIGN STATE; A “foreign state” within statues providing for expatriation of America Blacks Law 5th ed - Google Searchcitizens who are naturalized under laws of a foreign state in a country which is not the United States, or its possession or colony, an alien country, other than their own. Kletter v. Dulles, Kletter v. Dulles - Google SearchD.C.D.C.111F.SUPP.593, 598. TITLE 8 > CHAPTER 12 > SUBCHAPTER I > § 1101 (14) The term “foreign state” includes outlying possessions of a foreign state, but self-governing dominions or territories under mandate or trusteeship shall be regarded as separate foreign states. At no time have the People expatriated his/her self from his country. By and through the passing of Title 50, USC TWEA all public officials knowingly or unknowingly have declared themselves to be foreign and did expatriate from the original united States of America to become a citizen of the UNITED STATES located in the District of Columbia as defined by the United States Supreme Court in the following case laws. “The high Court confirmed that the term "United States" can and does mean three completely different things, depending on the context:” Hooven & Allison Co. vs. Evatt, hooven & allison co. v. evatt - Google Search324 U.S. 652 (1945) & United States v. Cruikshank, 92 U.S. 542 (1876) & United States US v. Cruikshank - Google Search§ 23. Jurisdiction of United States Courts and Judges; “After any such proclamation has been made, the several courts of the United States, having criminal jurisdiction,” All judgments’ against the people fall under criminal.This is why the Courts refuse to answer the challenges of jurisdiction. Under the TWEA this is but one jurisdiction and that jurisdiction is criminal. Second; TITLE 50 > CHAPTER 3 > § 21 § 21. Restraint, regulation, and removal. TITLE 50 APPENDIXES -- WAR AND NATIONAL DEFENSE Sec. 16. Offenses; punishment; forfeitures of property(a) Whoever shall willfully violate any of the provisions of this Act or of any license, rule, or regulation issued there under, and whoever shall willfully violate, neglect, or refuse to comply with any order AND Third; TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 95 - RACKETEERING Title 18 RICO - Google Search. All of the Parties involved: come under Title 28 USC 3002 15 (a) as department under the United States Corporation definition title 28 usc 3002 - Google SearchFOUNDATION & BASES FOR THE COMPLAINT The MN Government Officials ie: DSI Employee Joel Essling and Cop Tanya Hunter have committed tax fraud upon the Affiant Sharon Scarrella Anderson by stealing her 91 Chrysler with Disabled License Plates. By and thru the different departments of the United States Corporation as listed under 28 USC 3002 15 (a). The United States Corporation created Title 26 of THE UNITED STATES CODES and Title 26 of CODE OF FEDERAL REGULATION on how they are to tax it own Federal & State employee, aliens, and corporations as found under 26 USC 6331(a) and the CFR under Title 26 1. The United States dba Corporation is the Law Firm for the Department of IRS Corporation under the Treasury Department, which collect for the Federal Reserve Bank which is also a private Corporation. These are the Corporate laws being missed use by the Corporate employees are the Delaware Code Title 8 under Corporate Law is Chapter 6 CHAPTER. PROFESSIONAL Delaware Code Title 8 - Google Searchappointed by the 2nd Judicial Judges , apparantly has committed Bank Fraud, Wire Fraud in the Taxes/Elections of Ramsey County with selective False Statements on the Propertys of Sharon Scarrella Anderson et al and fraudulently took public oath with the intent to expatriate his/ herself with the intent to created injury and allow fraudulent claim against Sharon Scarrella Anderson and the united States national/s under Title 50, USC Trading With Enemy Act (TWEA). Sharon et al are coming before this Superior Court of State of Minnesota for Domestic Terrorism crimes against Sharon and those who hold these federal public offices. As of date all Federal and State Courts All offices attached to the seat of government shall be exercised not elsewhere, except as otherwise expressly provided by law. TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1985 § 1985. Conspiracy to interfere with civil rights (3) Depriving persons of rights or privileges Delaware Legislation passed a Act called “An Act to Provide General Corporate Law” This act created a corporation into a Person with all the same rights as a natural person to buy, sell, mortgage, receive licenses. Pledges, etc but not to be construed as a natural person /being. The High Court has rule in three case law that a corporation can be sued as a Person. SANTA CLARA COUNTY v. SOUTHERN PAC. R. CO., 118 U.S. 394(1886), New York Central R. Co. v. United States, 212 U.S. 481 (1909) United States v. Dotterweich, 320 U.S. 277 (1943) Superior Court of the District of Columbia has jurisdiction over this matter as it is not a State and not represented in Congress and is not part of this country but holds a neutral position as all parties having a claim against them hold residents and work within the District of Columbia area and are federal citizens of that District. All crimes and their planing to injury the people of this nation were within the federal district of District of Columbia as made subject by the Constitution and not outside of District of Columbia. All injury originated within this ten square mile area. As no State Court has jurisdiction to hear such an action. No Federal Court outside of the D.C. or inside of D.C. has jurisdiction to hear this case as they are a party to this action. The District of Columbia Constitution and it federal statutes have been violated by all parties named by their constitutional standing in Article I, II, III of the D.C. Constitution and under the 14th amendment section 3. This gives the Superior Court of the District of Columbia jurisdiction over subject matter jurisdiction and personal jurisdiction to hear this claim providing for the protection of civil rights, including the right to vote. (b) For purposes of this section - (1) the District of Columbia shall be considered to be a State; and (2) any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. Sec. 1443. Civil rights cases -STATUTE Any of the following civil actions or criminal prosecutions, commenced in a State court may be removed by the defendant to the District Court of the United States for the district and division embracing the place wherein it is pending : (1) Against any person who is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction thereof; (2) For any act under color of authority derived from any law providing for equal rights, or for refusing to do any act on the ground that it would be inconsistent with such law. {HYPERLINK "http://www.law.cornell.edu/uscode/28/usc_sup_01_28.html" \o "TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE"} > {HYPERLINK "http://www.law.cornell.edu/uscode/28/usc_sup_01_28_10_VI.html" \o "PART VI - PARTICULAR PROCEEDINGS"} > {HYPERLINK "http://www.law.cornell.edu/uscode/28/usc_sup_01_28_10_VI_20_171.html" \o "CHAPTER 171 - TORT CLAIMS PROCEDURE"} >§ 2671. Definitions As used in this chapter and sections {HYPERLINK "http://www.law.cornell.edu/uscode/uscode28/usc_sec_28_00001346----000-.html"} {HYPERLINK "http://www.law.cornell.edu/uscode/uscode28/usc_sec_28_00001346----000-.html" \l "b"} and {HYPERLINK "http://www.law.cornell.edu/uscode/uscode28/usc_sec_28_00002401----000-.html"} {HYPERLINK "http://www.law.cornell.edu/uscode/uscode28/usc_sec_28_00002401----000-.html" \l "b"} of this title, the term “Federal agency” includes the executive departments, the judicial and legislative branches, the military departments, independent establishments of the United States, and corporations primarily acting as instrumentalities or agencies of the United States, but does not include any contractor with the United States. {HYPERLINK "http://www4.law.cornell.edu/uscode/html/uscode04/usc_sup_01_4.html" \o "TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES"} > {HYPERLINK "http://www4.law.cornell.edu/uscode/html/uscode04/usc_sup_01_4_10_3.html" \o "CHAPTER 3 - SEAT OF THE GOVERNMENT"} > § 72. Public offices; at seat of Government jurisdiction" as used in reference to subject matter jurisdiction.) Public Law 96-170 Dec 29 1979. “AN ACT” To permit civil suit under section 1979 of the Revise Statutes(42 USC1983) against any person acting under color of any law or custom of the District of Columbia who subject any person within the jurisdiction of the District of Columbia to the deprivation rights, privilege, or immunity secured by the Constitution and Laws including & 24 Am Jur 2d District of Columbia ß 21 ß 21 Superior Court of the District of Columbia and divisions thereof The District of Columbia Court of General Sessions, the Juvenile Court of the District of Columbia, and the District of Columbia Tax Court were consolidated in a single court known as the Superior Court of the District of Columbia. (Title 28,). (2) by adding at the end thereof the following new sentence;“ for the purposes of this section , Any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. Sec.2 Section 1343 of title 28 UNITED STATES CODES is amended (1) by inserting”(a)“ before : The district court”. Sec. 1343. Civil rights and elective franchise... -STATUTE- (a) The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person: (1) To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of and conspiracy mentioned in section 1985 of Title 42; (2) To recover damages from any person who fails to prevent or to aid in preventing any wrongs mentioned in section 1985 of Title 42 which he had knowledge were about to occur and power to prevent; (3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States; (4) To recover damages or to secure equitable or other relief under any Act of CongressFORM 105. PETITION FOR DISCRETIONARY REVIEW STATE OF MINNESOTA IN COURT OF APPEALS CASE TITLE: PETITION FOR DISCRETIONARY REVIEW Petitioner, vs. TRIAL COURT CASE NUMBER: Respondent. DATE OF FILING ORDER: TO: The Court of Appeals of the State of Minnesota: The petitioner (name) requests discretionary review of the (date) order of the __________ Court. 1. Statement of facts necessary to an understanding of the issues presented. 2. Statement of the issues. 3. Statement why immediate review of interlocutory or otherwise nonappealable order necessary. WHEREFORE, the petitioner requests an order of the court granting the petition for discretionary review. DATED: NAME, ADDRESS, ZIP CODE, TELEPHONE NUMBER, AND ATTORNEY REGISTRATION LICENSE NUMBER OF ATTORNEY(S) FOR PETITIONER ___________________________ SIGNATURE (The content requirements of the petition for discretionary review are found in RCAP 105. A memorandum of law and pertinent lower court documents should be attached to the petition. The submission and the requirements for filing, form and the number of copies are contained in RCAP 105.02.State of Minnesota District Court County Judicial District: Court File Number: Case Type: Plaintiff/Petitioner Affidavit for Proceeding vs / and In Forma Pauperis (Minn. Stat. § 563.01) Defendant/Respondent 1. I am a party in this action. I am a natural person (not a corporation, partnership or other entity). In good faith, I request a court order waiving court fees and costs. I cannot support my family and myself and also pay or give security for costs. 2. I believe that I have valid reasons for pursuing this action. My pleadings (the Petition, Complaint, Answer, Appeal or other pleading) are attached. 3. a. I am receiving public assistance under one or more of the following means-tested programs: MSA (Minnesota Supplemental Assistance Programs); MFIP (Minnesota Family Investment Program); Food Stamps; General Assistance or Discretionary Work Program; MinnesotaCare, Medical Assistance, or General Assistance Medical Assistance; Energy Assistance; b. I am receiving public assistance under some other means-tested program: (Name the program) I have attached proof that I receive public assistance (such as MFIP card or cancelled check from agency) or I will provide proof if requested. c. I receive Supplemental Security Income (SSI) as a resource for meeting my expenses. If you checked #3a or 3c and receive help under one of the listed programs, skip to the signature line on page 2. If you checked #3b and receive some "Other" means-tested assistance, go to Question 4. 4. I am represented by attorney on behalf of a civil legal services program or volunteer attorney program, based on indigency. If you checked #4, skip to the signature line on page 2. 5. My family size is ___________. (Include yourself, your spouse, your minor children, and other dependents in your household.) For my family size, I counted myself and (list all others): Name Age Relationship to you 6. My gross annual family income (before taxes and deductions) is $ which is less than 125% of the Federal Poverty Line for my family size of _________ members. I have attached proof of my family income or I will provide proof if requested. If you checked #6, skip to the signature line on page 2. Print Form CONFIDENTIAL IFP102 State ENG Rev 9/09 www.mncourts.gov/forms Page 2 of 220fi)State of Minnesota District Court County Judicial District: Court File Number: Case Type: Plaintiff/Petitioner Affidavit for Proceeding vs / and In Forma Pauperis (Minn. Stat. § 563.01) Defendant/Respondent 1. I am a party in this action. I am a natural person (not a corporation, partnership or other entity). In good faith, I request a court order waiving court fees and costs. I cannot support my family and myself and also pay or give security for costs. 2. I believe that I have valid reasons for pursuing this action. My pleadings (the Petition, Complaint, Answer, Appeal or other pleading) are attached. 3. a. I am receiving public assistance under one or more of the following means-tested programs: MSA (Minnesota Supplemental Assistance Programs); MFIP (Minnesota Family Investment Program); Food Stamps; General Assistance or Discretionary Work Program; MinnesotaCare, Medical Assistance, or General Assistance Medical Assistance; Energy Assistance; b. I am receiving public assistance under some other means-tested program: (Name the program) I have attached proof that I receive public assistance (such as MFIP card or cancelled check from agency) or I will provide proof if requested. c. I receive Supplemental Security Income (SSI) as a resource for meeting my expenses. If you checked #3a or 3c and receive help under one of the listed programs, skip to the signature line on page 2. If you checked #3b and receive some "Other" means-tested assistance, go to Question 4. 4. I am represented by attorney on behalf of a civil legal services program or volunteer attorney program, based on indigency. If you checked #4, skip to the signature line on page 2. 5. My family size is ___________. (Include yourself, your spouse, your minor children, and other dependents in your household.) For my family size, I counted myself and (list all others): Name Age Relationship to you 6. My gross annual family income (before taxes and deductions) is $ which is less than 125% of the Federal Poverty Line for my family size of _________ members. I have attached proof of my family income or I will provide proof if requested. If you checked #6, skip to the signature line on page 2. Print Form CONFIDENTIAL IFP102 State ENG Rev 9/09 www.mncourts.gov/forms Page 2 of 220fiLEGAL NOTICE: /s/Sharon4Anderson@aol.com ECF_P165913Pacersa1299 telfx: 651-776-5835: Attorney ProSe_InFact,Private Attorney General QuiTam Whistleblower, Sharon4 Anderson - Google Profile Candidate AG2010 www.sharonagmn2010.blogspot.com Blogger: User Profile: Sharon Anderson SharonsYahoo! iGoogle Homestead Act of 1862 Twitter / Sharon4Anderson Shar1058's Buzz Activity Page - My Buzz Activity - Yahoo! Buzz neopopulism.org - Pro Se Dec Action Litigation Pack Sharon4Anderson Scribd Document's are based on SEC filings, Blogger: Dashboard Home FAIR USE NOTICEThis site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. 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