01-18-2012 The TRUTH vs The LIES 
The Two Sides of the Story

STATEMENTS OF THE FACTS

1.	    On 09/15/09 at 11:16 AM; ½ acre land of Joaquin DeMoreta, real estate property was taken by persons charged with larceny, whom are also lawyers of the United Estates with official  U.S. Civil Government duties as USA Civil Elected or Appointed Officers; with under oath 1st Duty Obligation to Protect and Defend our U.S. Constitution from all enemies Domestic and Foreign.

(See 09/15/09 Public Records of St. Johns County, FL. Clerk # 2009048502, Official Record Book 3241 pages 1174 to 1182, 09/21/09 at 09:29 AM REC. SUR.) 




This 09/15/09 Order On Motion For Summary Judgment; is contrary to our US Constitution  Amendment 7 - Trial by Jury in Civil Cases. Ratified 12/15/1791. 

“In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved”

Therefore: In accordance with our U S Constitution Article 6; Supremacy; This Constitution shall be the Supreme Law of the Land, “and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” 
On 09/15/08, prior one year exactly, to the above mentioned prohibited Order; Joaquin DeMoreta timely demanded a trial by jury and this constitutional right of trial by jury was violated; case number CA07-1567 were closed by the judge with no Jury Trial.
 

The 09/15/09 Order; also is notwithstanding; contradicted our US Constitution Amendment 5 Trial and Punishment, Compensation for Taking Ratified 12/15/1791. 
“No person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Consequently; In allegiance with our US Constitution Amendment 14 Citizenship Rights; Section (1) Nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 

Section (3) No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section (5) The Congress shall have power to enforce, by appropriate legislation, the provisions of this article

Therefore: In accordance with our U S Constitution Article 6; Supremacy; This Constitution shall be the Supreme Law of the Land, “and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

THE LIE 1

2.	    On 09/15/09 at 11:16 AM, in a Summary Judgment Official Record Book 3241 pages 1174 to 1182; in the page 1176, line 6, the Circuit Judge Honorable John Michael Traynor (Florida bar number 309184); lied when he wrote as follow:

“Three surveys of Defendant property have been completed.”


THE TRUTH

The Facts on the Records, shows that: 

“SEVEN surveys of Defendant property have been completed.”
 
THE LIE 2

3.	    On 09/15/09 at 11:16 AM, in a Summary Judgment Official Record Book 3241 pages 1174 to 1182; in the page 1176, line 6 and 7, the Circuit Judge Honorable John Michael Traynor (Florida bar number 309184); lied when he wrote as follow:

“The first survey occurred in October 1989 and was completed by Brand Wilson and Associates. Defendant hired this surveying company at the time he purchased his property.”


THE TRUTH

The Facts on the Records, shows that:

“The first survey occurred in June, 26 of 1969 and was completed by THE STATE ROAD DEPARTMENT OF FLORIDA; RIGHT OF WAY MAP; for the STATE ROAD 16 in the St. JOHNS COUNTY; Job Survey number: Section 78060-2509 Sheet 13 of 22; from SR16 to I-95.

This first survey, is a survey line; produced by the State of Florida DOT; wherein shows a 3’ (Feet) difference or discrepancy among the new South-line-Right-of-way-of-State Road-16 (70’Feet) verses (67’ Feet) within the Northeast Corner fence of the Defendant Predecessor’ Property. (See RIGHT OF WAY MAP, STATE ROAD-16, ST JOHNS COUNTY, State Road Department of FLORIDA)


4.	    On 09/19/39, the facts on the records; Official Record Book 123 Pages 295 and 296, shows that BERNARD L. CURRY Property predecessor of Defendant's Joaquin DeMoreta; purchased the property land of 2.1/2 acres, wherein “BEFORE” to the taking that occurred for the right-of-way of the State Road 16 the dimensions of the (4) boundary lines of the Property land are: “ 211 feet; 268 feet; 380 feet and six inches and 416 feet”





5.	    On 08/26/69, the Facts, shows that “WHEN” the taking that occurred for the right-of-way of the State Road 16; the State of Florida DOT; produced the new “Property Land Description APPROVED DEED for the subject property ” while the property was owned by Bessie Stephenson predecessor of Defendant’s Joaquin DeMoreta; “wherein the (4) boundary lines dimensions remained exactly the same” which are: “380 feet and six inches; 416 feet; 211 feet; and 268 feet” and says specifically that the Property Land is:  “lying South of and within 70 feet of the survey line of State road 16, Section 78060” 

This Instrument was prepared by Hazel Leslie State of Florida Department of Transportation DELAND, Florida; DESCRIPTION APPROVED on August 26, 1969




6.	    On 03/18/70 the Facts shows that “AFTER” the taking by the Florida DOT in the Saint Johns County that occurred for the right-of-way of the State Road 16; the above Property Land Description APPROVED DEED, for the Defendant’s Joaquin DeMoreta and Predecessors Property land; the same US Florida DOT, transcribed, into the Official Record Book 166 Pages, 128 to 179; wherein the page 145, “for the records, shows that the (4) boundary lines dimensions of the Subject Property Land, remained exactly the same” which are: “380 feet and six inches; 416 feet; 211 feet; and 268 feet” and says specifically that the Property Land is:  “lying South of and within 70 feet of the survey line of State road 16, Section 78060”.








THE LIE 3

7.	    On 09/15/09 at 11:16 AM, in a Summary Judgment Official Record Book 3241 pages 1174 to 1182; in the page 1177, last 4th lines, the Defacto Circuit Judge John Michael Traynor (Florida bar number 309184); lied when he wrote as follow:

“The undisputed evidence shows that while the property was owned by a predecessor of Defendant's, a taking occurred for State Road 16. That taking caused a diminution in the size of the parcel which constitutes the discrepancy in the 2.5 acreage referred to in various places and the actual size of the property as depicted in the three surveys described above.”




THE TRUTH

8.	    THE TRUTH, which are THE FACTS, written in these above exhibited Official Recorded documents; that are true and correct copies as appears on the records, and are numbered as follow: 

On 09/19/39, “BEFORE” to the taking that occurred for the right-of-way of the State Road 16, the Official Record Book 123 Pages 295 and 296, shows that the dimensions of the (4) boundary lines of the Subject Property land are: “ 211 feet; 268 feet; 380 feet and six inches and 416 feet”

On 08/26/69, “WHEN” the taking that occurred for the right-of-way of the State Road 16, the Florida DOT, produced, the Property Land Description APPROVED DEED Section 78060-2509 for the subject property, wherein shows that the dimensions of the (4) boundary lines of the Subject Property land remained exactly the same” which are: “380 feet and six inches; 416 feet; 211 feet; and 268 feet” and says specifically that the Property Land is:  “lying South of and within 70 feet of the survey line of State road 16, ”

 On 03/18/70, “AFTER” the taking by the Florida DOT in the Saint Johns County that occurred for the right-of-way of the State Road 16, the Official Record Book 166 Page 145, shows that the (4) boundary lines dimensions of the Subject Property Land, remained exactly the same” which are: “380 feet and six inches; 416 feet; 211 feet; and 268 feet” and says specifically that the Property Land is:  “lying South of and within 70 feet of the survey line of State road 16, Section 78060”.

THE LAW

In accordance with the Florida Statute 812.061 Larceny; Return Of Property To Owner; Procedure; Section (5); …Such objections shall be under oath of the person making them and shall set forth facts showing that the petitioner is not the rightful owner or not entitled to possession.

The Person(s) charged with Larceny failed to comply with the law.

The Person(s) charged with Larceny; not filed in Court the required UNDER OATH OBJECTIONS, and failed to SET FORTH FACTS showing that the Petitioner, Joaquin DeMoreta, is not the rightful owner or not entitled to possession.

THE LIE 4

9.	     On 09/15/09 at 11:16 AM, in a Summary Judgment Official Record Book 3241 pages 1174 to 1182; in the page 1176, line 8 and 9, the Circuit Judge Honorable John Michael Traynor (Florida bar number 309184); lied when he wrote as follow:

“The second survey was completed in November 2006 by Ancient City Surveying.” 




THE TRUTH

        On 10/27/1989, the facts on the records, shows that “the second survey was produced by Brandt Wilson and Associates; Job Survey Number: 89-117; “wherein the (4) boundary lines dimensions which are: “380 feet and six inches; 416 feet; 211 feet; and 268 feet” approved officially by the FLORIDA DOT (OR Book 166 Page 145) ” shall be, as required by the Law, in complete accord with the Survey attached; and were not, the surveyor Brandt Wilson changed to the “FRAUDULENT dimensions: 273.59 feet; 226.19 feet; 370.43 feet; 379.85 feet; TAKING BY LARCENY ½ ACRE, from the Petitioner Property Land”


THE LIE 5

11.	     On 09/15/09 at 11:16 AM, in a Summary Judgment Official Record Book 3241 pages 1174 to 1182; in the page 1176, line 9 and 10, the Circuit Judge Honorable John Michael Traynor (Florida bar number 309184); lied when he wrote as follow:

“The third survey was completed in April 2008 by Land Survey Resources.” 


THE TRUTH

12.	    On 09/29/05, the facts on the records, shows that “the third survey was completed again for the second time by the same Brandt Wilson and Associates; within the Job Survey Number: 05-388-A2

On 09/29/05, the same Brand Wilson & Associates surveying company; exclusively certified this job Survey Number 05-388-A2 to sell the stolen ½ acre property land of Defendant Joaquin DeMoreta to the Church Development Partners a California Corporation.

The Church declined the offer to buy; due to the fact, that the fraudulent Job Survey number 05-388-A2; was taking by larceny ½ acre from the Property Land of the Petitioner Joaquin DeMoreta.


13.	    On 01/17/06, the facts on the records, shows that “the forth Job Survey #: 06-1007” title: Sketch of Description; was completed based on the above mentioned fraudulent Job Survey Number: 05-388-A2

     On 01/17/06 The fraudulent Job Survey #: 06-1007, title: “Sketch of Description” shows PARCEL “B” (Joaquin DeMoreta ½ acre Property Land) wherein the Person (s) charged with larceny; claimed that this parcel “B” is located in the right-of-way-line of State Road 16, (the truth shows, 416 feet away from the right-of way-line State Rd 16) 

THE LAW

15.        In accordance with the Florida Statute Chapter 817.03 Making false statement to obtain property or credit: Any person who shall make or cause to be made any false statement, in writing, relating to his or her financial condition, assets or liabilities, or relating to the financial condition, assets or liabilities of any firm or corporation in which such person has a financial interest, or for whom he or she is acting, with a fraudulent intent of obtaining credit, goods, money or other property, and shall by such false statement obtain credit, goods, money or other property, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Florida Statutes Chapter 817.03; Making False Statement to obtain property or credit

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0817/Sections/0817.03.html

THE LIE 6

16.        On 01/27/09, the Circuit Judge Honorable John Michael Traynor (Florida bar number 309184); lied when he ordered as follow:
	
“The Third-Party Defendant, Brand Wilson & Associates, asked this court to dismiss the Third-Party Complaint with Prejudice specifically arguing that the claim is barred by the applicable statute of limitations as established in Florida Statutes Section 95.11 (3)(a)”
	
“ORDERED AND ADJUDGED:
	
	    1.	    That the Third-Party Defendant, Brand Wilson & Associates’ Motion to Dismiss with Prejudice is and the same is hereby granted and that the Third Party Complain against Brand Wilson & Associates was not filed within the time prescribed by law for the cause of action pled.”



THE TRUTH

17.        On 01/27/09, the facts on the records, shows that the Person (s) charged with Larceny, produced to protect thieves’ criminal actions; the fraudulent law, Statute of Limitations for recovery stolen property, Florida Statutes Section 95.11 (3)(a).

THE LAW

18.	    “Florida Statutes Section 95.11 Limitations OTHER THAN for the recovery of real property

"Florida Statutes Section 95.11 Limitations OTHER THAN for recovery of real property"

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html

The Person(s) Charge with Larceny, Statute of Limitations for recovery stolen property is NOTWITHSTANDING; in accordance with the U S Constitution Article 6; Supremacy; This United States Constitution shall be the Supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. 
19.	    In allegiance with the Amendment 14 Citizenship Rights; Section (1) Nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 

Section (3) No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section (5) The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

20.        In conformance with the Florida Bar Lawyer Regulation Rule 5.21: “Disbarment is appropriate when a lawyer in an official or governmental position knowingly misuses the position with the intent to obtain a significant benefit or advantage for himself or another, or with the intent to cause serious or potentially serious injury to a party or the integrity of the legal process.”

THE LIE 7

21.        On 09/15/09 at 11:16 AM, in a Summary Judgment Official Record Book 3241 pages 1174 to 1182; in the page 1174, 1st paragraph, lines 4-5, the Circuit Judge Honorable John Michael Traynor (Florida bar number 309184); lied when he wrote as follow:

“The Court has reviewed and considered Plaintiffs Motion, Defendant's opposition thereto, and all other pleadings, as well as all affidavits, depositions,”


THE TRUTH

22.        On 07/01/09, The facts on the records shows that the Depositions to the person(s) charged with larceny; Plaintiff’s, Title Insurance, Surveyors, were cancelled by the Circuit Judge Honorable John Michael Traynor (Florida bar number 309184) as follow:

ORDERED AND ADJUDGED:
    1.    That the Plaintiff’s Motion for Protective Order is and the same is hereby granted and “the depositions scheduled for July 1, 2009 are hereby cancelled.”


THE LAW

       In Pursuance with the Amendment 6 Right to Speedy Trial, Confrontation of Witnesses; In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury, to be confronted with the witnesses against him

THEREFORE: The ordered cancellations of the depositions that were scheduled for July 1, 2009 is NOTWITHSTANDING with these rules of law: 

            a)	    Amendment 6 Confrontation of Witnesses; the accused shall enjoy the right to be confronted with the witnesses against him. 

            b)	    Article 6 Supremacy; This Constitution shall be the Supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.


WHEREFORE: 

In allegiance with the US Constitution Amendment 14 Citizenship Rights; Section (3) No person shall hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath,  to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.

Section (5) The Congress shall have power to enforce, by appropriate legislation, the provisions of this article

In conformance with U S Constitution Article 2 Section 4 Disqualification; The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors; 

In compliance with the US Code Title 18 - CRIMES Chapter 13 - CIVIL RIGHTS; Sec. 241 Conspiracy against rights; If two or more persons conspire to any person in the free exercise or enjoyment of any right or privilege secured to him by the Constitution; They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

PENALTY FOR NOT DISCHARGING

            Any governing authority or person, under whom any employee is serving or by whom employed who shall knowingly or carelessly permit any such employee to continue in employment after failing to comply with the provisions of ss. 876.05-876.10, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(See link below; Florida Statutes Title 46 Crimes; Chapter 876 Criminal Anarchy, Treason, and other crimes against Public Order; Section 876.06 Penalty for not discharging)

Florida Statutes 876.08 Penalty for not discharging

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0876/Sections/0876.08.html


SCOPE OF LAW

(1)     The provisions of ss. 876.05 - 876.10 shall apply to all employees and elected officers of the state, including the Governor and constitutional officers and all employees and elected officers of all cities, towns, counties, and political subdivisions, including the educational system.
(2)     This act shall take precedence over all laws relating to merit, and of civil service law.
(See link below; Florida Statutes Title 46 Crimes; Chapter 876 Criminal Anarchy, Treason, and other crimes against Public Order; Section 876.09 Scope of Law)

Florida Statutes 876.09 Scope of Law
	
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0876/Sections/0876.09.html


In accordance with the Florida Statutes Chapter 812.061 Section (2) the following, list the name, of the person(s) and entities that are charged with theft/larceny/treason, due to production or aided to produce or with Official Government Duty produce or knowingly omitted, by failure to do something, failed his/hers 1st duty obligation, bounded by oath, to defend and protect our US Constitution, from domestic enemies, therefore betrayed our US Constitution, by the act of omission, and consented to produce of written fraudulent documents to obtain property for self or others; documents were filed in Court or aided to file in court, fraudulent documents or false statements to obtain property for self or others; self conduct that is a violation of a duty owed as a civic person or professional with the intent to obtain a benefit for self or the lawyer or another, and causes serious or potentially serious injury to a client, the public, or the legal system; or knowingly obtains or uses, or endeavors to obtain or to use, the property, or money, of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or benefit from the property; (b) Appropriate the property, or money, to his or her own use or to the use of any person not entitled to the use of the property.


01/18/12, PERSON (S)/ENTITIES CHARGED WITH  LARCENY-TREASON-PERJURY

Please proceed accordingly.

Date: 01/18/12

Joaquin DeMoreta 
Chairman 
Gov. Accountability Committee 
SAINT AUGUSTINE TEA PARTY, Florida 


Phone: (904) 704 7765
E-mail:  joaquin@eternalrefuge.com
Web Site: saintaugustineteaparty.com


Note: “Facebook”, sometimes, does not agree with statements made by “We The People” and with no previous “COMMON LAW DUE PROCESS” from “We The People Common Law” which a final say shall be  “ORDERED BY THE COMMON LAW GRAND JURY, CONCURRENCE” removed the speech or blocked any page, of any “PERSON” or “PEOPLE” which is a group of “We The People Common Law Group” Therefore; sometimes you, may not see, information from this website: saintaugustineteaparty.com in my “Joaquin DeMoreta Facebook Page”  
WHEREFORE: You may need to direct your friends to this website saintaugustineteaparty.com  for any information that concern to your rights, and concern to our Inalienable rights, (GOD GIVEN RIGHTS WHICH NO HUMANKIND NOR ENTITY NOR GOVERNMENT, CAN TAKE AWAY OR TRANSFER NOR ALTER FROM ANY PEOPLE OR PERSON) which some, are mentioned in our USA CONSTITUTION 

ORDERED by our USA CONSTITUTION. Amendment 1. Title: Freedom of Religion, Press, Expression: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

If two or more persons conspire to any person in the free exercise or enjoyment of any right or privilege secured to him by the Constitution; They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

US Code Title 18 CRIMES Chapter 13 CIVIL RIGHTS Section 241 CONSPIRACY AGAINST RIGHTS









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