PA Under Siege

John W. DeVore

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The reality to humans with median intellectual capacity is that Mr. Robert R. Makemson, acting in the office of judge in the Florida Circuit Court, rendered judgment in my case upon some principle other than logic, honesty, truth, law, right, justice, fairness or equity. In other words Mr. Makemson for some undisclosed reason completely ignored the evidence and the law, and found in favor of his PAL Mr. Kip Davis.

It is a principle that extends to the very beginning of human society, that Corrupt Judges Destroy their Nations. Corruption in the judiciary is both a symptom and a cause for the decline of a society. If Mr. Makemson is typical of todays judges, which I admit I have overwhelming evidence that he is, our social order in this nation is approaching its demise. I take it as a warning, because the death of a nation is never without some violence. Mr. Makemson is a simple minded idiot, again typical of jurists of our generation. It wasn't me that determined that, It was a judge of the US Supreme Court in the 1950's.

To respond directly to Mr. Curmudgeon, As a matter of Law you were wrong. You seem to lack much understanding of meaning and application of Laws and Statutes with respect to commerce in our current system. I don't have time to educate you but I think it may nevertheless be of value to some others to state that Statutes are for purposes of the court precisely like contracts. They included the precise requirements for performance and application and also the precise results of compliance or non-compliance. With respect to the just past case, Publish America LLLP as a matter of Law does not legally exist, because it was not in fact organized in compliance with the applicable statute, "the Limited Partnership Act". As a matter of law when an artificial entity such as a Limited Liability Limited Partnership or a Corporation is not created in compliance with the law, it does not legally exist and therefore has no legal standing before a court. In this case Mr. Robert R. Makemson of Stuart Florida entirely ignored that legal fact and ruled in spite of it. If you can look a little further you will see that I am left with a choice, either to walk away from the matter and give up or to attempt an appeal. Because I have no funds with which to pursue the matter the choice of appealing is moot.

Corrupt Judges destroy their Nations. They are Traitors.
John D.
 

Stacia Kane

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The reality to humans with median intellectual capacity...

John D.

This was extremely rude. I don't appreciate the insult.

To me, "median intellectual capacity" means answering a fricking question with a straight answer (which, by the way, you still have not done), and not expecting us to read and interpret a legal document--which is not a matter of intellect, but is rather a matter of having a specialized vocabulary and understanding.

My intellectual capacity is just fine, thank you, at least if Mensa's admissions committee is to be believed.

Just because I have other things to do--like raise my children, and write books, and give a mini writing seminar on my blog, and spend time with my husband, and, you know, actually enjoy my life--and so don't feel like wading through long legal documents, especially when I haven't actually been reading most of your posts and so don't know what the ruling referred to to begin with, does not mean I am stupid or that you have a right to call me or anyone else that.

And as I am about to start using language which no lady can use and still remain a lady, I'm ending this post now, but not before I say that YOU are no gentleman.
 
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James D. Macdonald

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I am left with a choice, either to walk away from the matter and give up or to attempt an appeal.

Actually, no.

The choice is to forget PA and write a new, different, better book, or to take the matter to arbitration (while writing a new, different and better book).

The results turned out to be exactly as everyone here who saw fit to comment on the matter predicted they would--and so far as I'm aware, no one here knows Mr. Kip Davis from a hole in the ground.


Arbitration isn't particularly expensive as such things go. Do gather your materials carefully if you choose to go that route.
 

John W. DeVore

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Dear December Quinn,

Please accept my sincere appology. It was not my intent to denegrate you in any way or to infer that you or anyone else lacked intellect, but only to say that the truth in this matter is capable of being perceived by anyone, and does not require any special talent to understand, because it is so obviously indicative of corruption and injustice.

I do admit just a little irritation at the "told you so" remark of the Curmudgeon.

Please don't be offended. I promise to be more gentlemanly in the future.

John D.
 

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Dear December Quinn,

Please accept my sincere appology. It was not my intent to denegrate you in any way or to infer that you or anyone else lacked intellect, but only to say that the truth in this matter is capable of being perceived by anyone, and does not require any special talent to understand, because it is so obviously indicative of corruption and injustice.

I do admit just a little irritation at the "told you so" remark of the Curmudgeon.

Please don't be offended. I promise to be more gentlemanly in the future.

John D.
People asked what the judgment was because you posted the full text of a legal document. Not many people here understand legalese, so if anybody asked "what was the judgment?" it was only because you didn't provide a simple answer. I tried to read those posts FIVE TIMES EACH, and I still can't understand a thing.

And I'm not buying your apology to December Quinn, especially since you went out of your way to get in a dig at her, as well (see highlighted).

So, yeah, if I'm not smarter than thou, I'm not apologizing for that.
 

DeadlyAccurate

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...the truth in this matter is capable of being perceived by anyone, and does not require any special talent to understand, because it is so obviously indicative of corruption and injustice.

Why are you unwilling to explain in plain, simple English what the verdict actually was? ResearchGuy asked a question that could be answered in one word, and you gave three paragraphs.
 

LeslieB

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Why are you unwilling to explain in plain, simple English what the verdict actually was? ResearchGuy asked a question that could be answered in one word, and you gave three paragraphs.

Precisely.

I am reasonably versed in legalese. Since part of my job involves reading search warrants, I am used to having to plow through huge walls-o'-text... when I am paid to do so. It is very rude, Mr. DeVore, to assume that I want to engage in that sort of tedium on my own time. I managed to rummage through your earlier post long enough to mutter, "Huh. Sounds like he lost." But I simply was not willing to take the time to sort through each ruling to be sure.

Writing is communication. You could have communicated your entire point in a handful of words rather than expecting the readers of this board to dissect a legal document. This may sound cruel, but to put it bluntly you aren't important enough to most of us to command that much effort.

And as a member of the Florida law enforcement community, I will thank you not to sling words like 'corrupt' at judges simply because they do not rule in your favor. The fact of the matter is that there is a great deal of grey area between legally defined fraud and simple incompetence or error, so the burden of proof is higher than most people realize (which is why so many scam literary agents are still in business).
 

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I'll be honest - I stopped reading a while ago - I'm not about to try to translate legalese at all. But I was under the impression that the wording in a PA contract states that arbitration is the only recourse, or something to that effect. I'm not a Bear of Very Little Brain (grins at QoS), nor am I in any way involved with the law, nor have I ever seen a PA contract, but I thought I've seen that mentioned in various PA threads.

Am I wrong there? Or did the judge back up the very terms and conditions you agreed to when you signed the contract?
 

Sheryl Nantus

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I would definitely say that you've failed as a writer to communicate with the OTHER fine writers here.

And just because the judge ruled against you (I think...) doesn't make him/her corrupt. PA actually does have legal staff (FWIW) who help word their contracts to the point of making it just that much harder for their victims to get away.
 

allenparker

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I'll take a stab at this...

JD, it looks like the judge used a age-old legal device used in courts since the beginning. He accepted the contract as a binding agreement because both parties believed it to be a binding agreement even though there was a default in the contract.

Suppose you contract with a person to cut your grass for $10 dollars a week. You sign the contract and the 15 year old signs the contract as well. In the strictest of law review, the contract is not legal. A minor can not enter into contract without proper (parental) agreement.

There are two things the judge can do, based on His findings. One, he can find fault with the contract and nullify the contract. Everyone goes back to the point before the contract. Two, he can assume that a 15 year old is capable of making a decision about the cost of cutting grass and allow the contract to go forward even with the defect. In most grass cutting problems in court, that is what actually happens.


Now, in your situation, from what I can see, the employee who was not authorized to sign for the company, but the company and you operated as if he was. That made the contract legal, in the eyes of the judge.

Had I known you were trying to void the contract by signature, I could have told you it won't work. In MD, any officer of the corporation can assign a person to sign for the company without notifying the Md SCC. All PA had to do in a Md court is say that he is authorized to sign and the contract is legal.

As strange as it may seem, the judge was looking after your best interest. Had PA been able to argue that the employee had worked independently of the company and was not authorized to sign for the company, they could argue that whatever damages done to you were the fault of the employee and not the company. They would divest themselves of viability and left you suing a $10 dollar an hour person for cause.

My suggestion? Take them to arbitration if you feel wronged. But be aware that the arbitrators are usually lawyers and have seen all this before.

DISCLAIMERS:
1. I am not a lawyer and am using those things I saw on television in court room battles. Use this at your own risk.

2. I do not know anything of the case except what I saw here. Knowing the arguments from the court would provide much needed information and I am NOT interested in pursuing this to that point.

3. I am not accusing PA, JD, the judge, the jury or any person affiliated with this process of anything. I am merely suggesting a possible interpretation of the information supplied to me.

4. If you don't like it, turn the channel.

5. All cows are polluting the environment by releasing methane into the atmosphere. It is time we all rise up and begin ridding ourselves of this hoard. You bring the firewood and I'll bring the steak sauce.

6. If you are still reading this, you need to get a life or go back to your WIP.

just a thought...Allen
 

Pagey's_Girl

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Allen, thank you for posting that translation. And how does hickory-smoked steak sound? My mom just had to have a hickory tree taken down and we've got wood chips galore.
 

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Dear December Quinn,

Please accept my sincere appology. It was not my intent to denegrate you in any way or to infer that you or anyone else lacked intellect, but only to say that the truth in this matter is capable of being perceived by anyone, and does not require any special talent to understand, because it is so obviously indicative of corruption and injustice.

I do admit just a little irritation at the "told you so" remark of the Curmudgeon.

Please don't be offended. I promise to be more gentlemanly in the future.

John D.

John...

I'm sorry things didn;'t go your way... if you really want justice, you're going to have to take your case into arbitration like Phil Dolan and a few others have. It's a longer road, but the one specified in your contract. I wish you the best of luck in that endeavor if you choose to persue that venue.

What Uncle Jim said is the best advice; waste no more energy on it and move forward. You're wiser for the lesson learned. Write a better book and seek to publish with a legitimate publisher.

I wish you luck and understand your frustration. There are many intelligent people here that have been through what you're going thruogh right now... myslef included. Don't punish yourself for going with PA and take advantage of teh wisdom here.

Without following the wisdom of Uncle Jim, Christine Norris and others on this forum I would not be published with a real publisher. Good luck and keep writing.
 

Sparhawk

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5. All cows are polluting the environment by releasing methane into the atmosphere. It is time we all rise up and begin ridding ourselves of this hoard. You bring the firewood and I'll bring the steak sauce.

I'll take my cow medium well. LOL!!!
 

John W. DeVore

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CAUSE AND EFFECTS

1. Thanks to those tollerant souls who were not offended by my earlier rantings.
2. Thanks to those who have suggested reasonable alternatives for obtaining something approaching justice.
3. Renewed appologies to those who may have been offended at my ungentlmanly remarks.
4. Explanation of the case as it progressed:

At first I attacked PA's non-performance in the original complaint. Then realizing that that attack posed a threat of losing subject matter jurisdiction in Florida (meaning the court had no cause to rule upon since the Contract would necessarily be presumed as valid, since I was arguing performance), I amended the complaint to include substantial claims related to the creation of the contract, hoping the court would retain jurisdiction long enough to prove that PA could not enter into a contract in Florida or any state where a statute requires that artificial entities, eg PA, Register with the Secretary of State, PRIOR to engaging in commercial activities in that State, as it does in Florida.


Florida Statutes, Business Organizations, Code Section, Title XXXVI Section 607.1501 states:

“A foreign corporation may not transact business in this state until it obtains a certificate of authority from the department of State.”

A Foreign Corporation is any artificial entity, Corp, Partnership, LLC etc that was not originally organized, in this case, in Florida.



Then when I found out that Ryan Tuccinardi was not legally authorized to sign for PA, which Delagation of Authority, by the way, must be written and signed, by one of the Officers of the company, before he signs a contract, not after, I added Forgery to the list of offenses.

Also because Ryan Tuccinardi witnessed his own forged Signature on the Contract, (Cretella even admitted this) I added Perjury to the list of offenses, all against Florida Law.


Then I discovered that PublishAmerica LLLP was never organized in compliance with the Limited Partnership Act because it had never had a limited partner, and so was merely a false fromt.


You can see that PA-LLLP lacked the legal capacity to contract generally, and then also because it violated Florida Law requiring Registration. Add the Forgery to that and I think there was a fairly sound prima facie case for declaring the contract Void.

The paragraph that the judge refered to in his finding was the very paragraph that cited the Forgery by Tuccinardi. Even if Tuccinardi was legally authorized to sign for the Company, he was legally barred from witnessing his own signature.

Whether these grounds were in the final analysis inadequate was not within the jurisdictional power of Judge Makemson because the questions were all questions of Florida Law and the Florida Constitution has an absolute quarantee of a Jury Trial when demanded, and I did demand a Jury Trial.[Art I. Sect. 22]

The ruling by Judge Makemson that the Contaract was Valid was ILLEGAL because HE decided that matter himself in VIOLATION OF THE CONSTITUTION OF FLORIDA.

If this matter is still cloudy to you let me know.

John D.
 

John W. DeVore

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I am only attempting to inform this forum of what happened to me in court. I entered this litigation as a Pauper, and a Pauper is what I remain. Appeals are not within a Paupers budget.

I understand that PA from time to time will sue people who say nasty things about them in public. I have called them some very nasty things and I hope they will sue me to save me the filing fees.

John D.
 

John W. DeVore

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John...


What Uncle Jim said is the best advice; waste no more energy on it and move forward. You're wiser for the lesson learned. Write a better book and seek to publish with a legitimate publisher.


Thank you for your comment.

What I intend to do is Republish My Book "EXODUS 2020" with a new Publisher and let those rats from PA try to sue me. I hold the Copy Rights myself. The best they can claim is the Publishing Rights, which they will have a wonderful time in court trying to explain all the issues they evaded here in Florida.

John D.
 

John W. DeVore

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Precisely.

I am reasonably versed in legalese.
And as a member of the Florida law enforcement community, I will thank you not to sling words like 'corrupt' at judges simply because they do not rule in your favor.


Thank you Leslie for your reply to my posting.

I would never call anyone corrupt unless I had very solid grounds for doing so. In fact you would be doing me a very big favor if you informed Mr. Robert R. Makemson, of Martin County, Florida, that I have on a public forum plainly accused him of being a corrupt and dishonest person pretending to be a judge. If he dares he can sue me for it. That might provide me with the opportunity to bring the truth to a Jury, the very unalienable right he purposely denied me.

If he is a Plaintiff he can't act as judge to acquit himself of the malfeasance he has committed. A corrupt Judge is perhaps the most dangerous individual in this country with respect to the continued existence of a free and open society.

This Corrupt Judge has just supported a Fraud that has done grave injury to many people. I hear many of them crying for help in this very forum.

John D.
 

John W. DeVore

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JD, it looks like the judge used a age-old legal device used in courts since the beginning. He accepted the contract as a binding agreement because both parties believed it to be a binding agreement even though there was a default in the contract.

There were several fatal faults in the contract or rather in the execution of the contract.
1.PA-LLLP is not a legally created entity, and therefore lacks the capacity to contract with anyone. That alleged organization has never had the legal capacity to contract because it was never legally created in compliance with the "Limited Partnership Act".

2.Ryan Tuccinardi formerly of the Acquisitions Department, currently employed in an apparent charitable organization, in Frederick, MD. was never an "OFFICER" of the Company, and was never duly authorized by any actual officer of the company to sign contracts for them.

3. The fact that Tuccinardi signed as the General Partner on the contract with an illegible scribble and then signed as the witness of his own false endorsement, thereby commiting both Forgery and Perjury at the same time.


Suppose you contract with a person to cut your grass for $10 dollars a week. You sign the contract and the 15 year old signs the contract as well. In the strictest of law review, the contract is not legal. A minor can not enter into contract without proper (parental) agreement.

I don't believe you will be able to find any precedent case to support a judgment against a minor for Breach of Contract even if it was only cutting grass. If there was parental approval then the parent will be held to the contract. But the minor will not be, and anyone who thinks he can bind a minor to a lawn mowing contract will in my best guess end up mowing his own lawn.

There are two things the judge can do, based on His findings. One, he can find fault with the contract and nullify the contract. Everyone goes back to the point before the contract. Two, he can assume that a 15 year old is capable of making a decision about the cost of cutting grass and allow the contract to go forward even with the defect. In most grass cutting problems in court, that is what actually happens.


Now, in your situation, from what I can see, the employee who was not authorized to sign for the company, but the company and you operated as if he was. That made the contract legal, in the eyes of the judge.

Had I known you were trying to void the contract by signature, I could have told you it won't work. In MD, any officer of the corporation can assign a person to sign for the company without notifying the Md SCC. All PA had to do in a Md court is say that he is authorized to sign and the contract is legal.

I think the controlling fact here is that there is no limitation on bringing an action for fraud, and the Fraud in this matter was not discovered until some time had expired, and it became apparent that the so called Publisher, did not intend to honor the contract it had appenently entered. Then the layers of Fraud began to unfold to view. The rule of buyer beware does not apply here because the Fraud was Knowing and intentional, as well as concealed from the reasonable expectation of good faith that should exist in every commercial endeavor.

As strange as it may seem, the judge was looking after your best interest. Had PA been able to argue that the employee had worked independently of the company and was not authorized to sign for the company, they could argue that whatever damages done to you were the fault of the employee and not the company. They would divest themselves of viability and left you suing a $10 dollar an hour person for cause.

The Judge was actually looking out for his PAL Mr. Kip Davis who is the attorney hired by Willem Meiners and Lawrence Klopper, the owners and only officers of PA INC.

Victor E. Cretella the attorney for PA in Maryland knew what Tuccinardi had done and may in fact have told him to do it, because Meiners and Klopper were out of Town and he didn't want to loose this mark.

John D.
 

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Thanks for clearing all of this up. It makes sense and I'm sorry it didn't go your way (the RIGHT way).
 

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So Ryan is most likely connected to Hellocopter.org, Meiners' so-called 'charitable' organization that uses funds -supposedly gained through PA- to travel via helicopter around the world.

You're still barking up the wrong tree.

Meiners, Clopper, Prather, Cretella et.al., are proficient in swindling the naive, legally. If Ryan signed your contract, he did so legally. Don't waste your time looking for loopholes there.

You would be better served to expend your energy into investigating what sort of tax frauds they have committed. Then the IRS would jump in administer the coup de grace.

And we all would applaud.
 

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I think the controlling fact here is that there is no limitation on bringing an action for fraud, and the Fraud in this matter was not discovered until some time had expired, and it became apparent that the so called Publisher, did not intend to honor the contract it had appenently entered. Then the layers of Fraud began to unfold to view. The rule of buyer beware does not apply here because the Fraud was Knowing and intentional, as well as concealed from the reasonable expectation of good faith that should exist in every commercial endeavor.

Technically, there is no fraud. The Three Stooges have admitted in a court of law they're only selling to the customers: the authors who contract with them. As has been stated time and again on these boards, the contract is written so that it covers their butts, not yours. It may not seem completely cricket, but it's all been proven in many other cases to be a legal, binding contract.

The Judge was actually looking out for his PAL Mr. Kip Davis who is the attorney hired by Willem Meiners and Lawrence Klopper, the owners and only officers of PA INC.

Victor E. Cretella the attorney for PA in Maryland knew what Tuccinardi had done and may in fact have told him to do it, because Meiners and Klopper were out of Town and he didn't want to loose this mark.
And comments like this certainly won't help your case if you decide to pursue arbitration. PA and their minions regularly troll these boards, looking for statements like yours to hold against authors who go after them in arbitration or any other legal proceeding. If anything, they can present these comments as hostile and inflammatory, especially since the burden of proof is now on you.

And, dude? I would seriously back off on calling the judge in your case corrupt. That sort of thing has a way of coming back and biting peoples' arses. Remember: BIG BROTHER CRETELLA IS WATCHING YOU. The burden of proof is on you to show the judge acted in a corrupt, unjust manner. Siding with the defendant in a lawsuit is hardly corrupt, especially when it spells out in the contract that you signed you are bound to the arbitration laws of Maryland.
 
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