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AHRC

An Article      
SLAPP Subpoena

Creating Fraudulent Jurisdiction

November 21, 2006

By Taffy Rice (View author info)
Copyright Taffy Rice



8. 100% of my income be paid to the Cobb County Sherriff with none of my income going towards Child Support  
  I was released from the Cobb County Jail on Oct 4, 2006. I was at Cobb County Work Release in April and part of May 2006 and in August 2005 through Dec 12, 2005 where Judge Grubbs ordered 100% of my income be paid to the Cobb County Sherriff with none of my income going towards Child Support. In addition, I have a Binding Arbitration Agreement (attached, see page 12 of 15) which states I am to pay 28% of my income annually based on my tax returns, given to my ex-husband by April 15th each year and adjust my payments by May 30th. Judge Grubbs has just entered an order stating I am to pay $1,100 per month (12/1/06 order attached ) in violation of the Binding Arbitration Agreement. I was incarcerated by Judge Grubbs on 4/15/05 and stayed in the Cobb County Jail until August 2005 then sent to Cobb County Work Release where they took 100 %s of all my income and the Sheriff of Cobb County paid it to Cobb Superior Court who paid it to my ex-husband. I was release on 12/13/05 (see Judge Grubbs Order on Marla Wright's Motion To Modify Work Release 12-13-05) because we filed an objection on 11-5-05 (see Marla Wright Motion to Modify Work Release 11-5-05) and continued to work full time (and paid my $1,100.00 child support payment for Jan 06) and was reincarcerated by Judge Grubbs in Court on Jan 30, 2006. I remained in the Cobb County Jail until March 2006 when I was sent back to Work Release and immediately returned to my full time job and they took 100% of all my income again.(See Judge Grubbs Order on Motion for Immediate Release 3-20-06). Judge Grubbs put me back in Cobb County Jail on May 8, 2006 (See Order to pay Bruce Ailon $25,000 4-8-06) because we objected to Judge Grubbs taking 100% of my income (see 3-17-06 Motion of Objection) where I remained until by husband borrowed $25,000 on his American Express Credit Card to pay my purge on Oct 3, 2006 (attached see Office of the Child Support Receiver document 12/8/06 page 4).
In addition, I have had a child turn 18 June of 2005 who graduated from High School who has not been removed from by Child Support. Judge Grubbs refuses to acknowledge this fact.

I spoke with Ms Sandy Matthews at the Cobb County Child Support office (770-528-3620) last Monday, 12/4/06 who indicated she sent in a request for the State to drop the case within 60 days. I inquired as to what was being done about me getting credit towards my child support from my work income of which 100% was taken and paid to the Cobb County Sherriff's office and paid to my ex-husband without giving me any credit toward child support (see attachment showing what the Sherrirff paid to Cobb Superior Court from 100% of my income received while at Work Release on page 4 in the document Office of The Child Support Receiver as of 12-08-06) and she said we will look into it. Mr. Hudson at the State Office indicated to me that he had been a case worker for over 18 years and never heard of such a thing. I beleive Ms Sandy Matthews at the Cobb County Child Support office doesn't want to get Judge Grubbs in trouble at the State Level so she has requested the case be dismissed. I don't want the case dismissed, I want 50% of my income to go towards by Child Support payments as required by Federal and State laws. They cannot take 100% of my income as Judge Grubbs ordered and have none of it going towards Child Support.
Today I contacted the Governors Office and got a return call from Peggy (404-656-1776), I hope she will help.
How can a Judge be allowed to make Orders in violation of State and Federal laws? Perhaps the State Governors Office will rectify the issues.
Posted Dec 13 2006 5:03AM CET
 
Submitted Files
Filename Description File Type File Size Click to download
FinalArbitrationOrderfiled12803.pdf Final Artbitration Order PDF document, version 1.2 253KB Download
JudgeGrubbsorder8205taking100ofMarlasIncome.pdf Judge Grubbs Order Taking 100% 8-2-05 PDF document, version 1.2 35KB Download
MarlaWrightsMotionModifyWorkRelease11505.pdf Marla's Motion To Modify 11-5-05 PDF document, version 1.2 136KB Download
JudgeGrubbsOrderonMarlaWrightsMotionToModifyWorkRelease121305.pdf Judge Grubbs Order in response to Marla's Motion To Modify 12-13-05 PDF document, version 1.2 42KB Download
JudgeGrubbsContemptPurgeOrderMarlaWrightsincarceration13006.pdf Judge Grubbs Purge Order Reincarcerating Marla Wright1-30-06 PDF document, version 1.2 46KB Download
MarlaWrightsMotionForImmediateRelease3106.pdf Marla Wright's Motion For Immediate Release 3-1-06 PDF document, version 1.2 81KB Download
MarlaWrightsMotionObjectiionToProposedOrder31706.pdf Marla Wright's Objection To Proposed Order 3-17-06 PDF document, version 1.2 35KB Download
JudgeGrubbsOrderonMotionForImmediateRelease32006.pdf Judge Grubbs Order 3-20-06 Sending Marla back to Work Release still taking 100% of her income PDF document, version 1.2 32KB Download
Marlas25000paymenttoSheriff.pdf Marla's $25,000 payment to the Sheriff Of Cobb County for Her Release PDF document, version 1.2 59KB Download
OfficeoftheChildSupportRecieverasof12082006.pdf Report of payments made to Office of Child Support Receiver and the payments the Sheriff made of 100% of Marla's income from Work Relase paid to Superior Court (none credited towards Child Support). PDF document, version 1.2 104KB Download
  Marla S. Wright
Sharpsburg, Kentucky
 
7. What's the figure on those that have no faith in the justice system? 70%?  
  Well??? User name withheld from Marrietta Georgia? Won't you share your identity with the Rice's? Do you know them? What are you afraid of? Are you afraid that if you identify yourself, you might get sucked up into a litigious vortex that you won't be able to afford or get out of?

Will you take these good people up on the challenge of identifying yourself?

Kudos to the Rice's for daring to stand up for what they believe in. You seem like very honorable people and I would be proud to meet you both some day.

I am only very sorry to say that I don't have the backbone to expose my identity due to the post traumatic stress I now suffer from after being painted the pariah in our HOA fiefdom while entrenched in a similar litigious hell as yours. But soon, someday soon, we will. Timing is everything.........

Good luck to you both.

What's the figure on those that have no faith in the justice system? 70%?

Posted Nov 28 2006 5:47AM CET
 
  Username withheld
, ot
 
6. Anyone who sees fit to write anonymously, obviously has none.  
  The following submission represents my personal opinion!

Speaking of personal accountability..where's yours, Mr. or Ms. Username withheld, Marietta, GA? Anyone who sees fit to write anonymously, obviously has none. As for me and my wife, we always stand by our words and deeds. We do not fear the truth, rather we welcome it. Unfortunately, it has been my experience in Judge Grubbs' courtroom, determining the truth has not been one of her goals. She and her associates routinely attempt to hide the truth and punish those who speak it.

In your previous posting in this string, you wrote:
Ms. Rice has made the Wright's business her business, put her dog in their fight and is now called to Court explain her actions.
The SLAPP subpoena, which was the subject of my wife's article, does not indicate my wife is being called to court to "explain her actions." Your comment seems to imply my wife is a party to that action or is defending herself from something. According to court records, which I personally viewed, the hearing on November 27, 2006 is to be a Compliance Hearing. Apparently, the purpose of the hearing is so Judge Grubbs can determine whether or not her previous order in Ailion v. Ailion has been followed. This, of course, has absolutely nothing to do with my wife.

Although I can't prove who you are, due to your hiding behind a cloak of secrecy, I have a pretty good idea who you are. Clearly, you have a detailed familiarity with Ailion v. Ailion and a familiarity with the law. Certainly you know that a witness in a matter such as this is not being called to explain her own actions. A non-party witness is necessarily being called to give testimony that may be relevant to the actions of the parties. If my wife is ever called to explain her own actions, she has the right to defend herself to the fullest extent of the law. If that is what is intended, then the November 27th Compliance Hearing is the wrong forum for such an effort by Judge Grubbs and Bruce Ailion.

In your latest posting on this string, you are presumably responding to the writer from Texas, but you actually seem to direct your comments toward my wife. In this latest posting on this string, you wrote:
Many people unhappy with their court decision, or sitting in jail for their conduct feel they were dealt a bad hand, victimized by the unfairness of system and/or the courts, when in fact, it is their decisions and their conduct that has resulted in heir difficulties with the law.
I can only presume you are addressing CAN 02-1-04560-42, LMHA, Inc and the ACC of LMTHA v. Rice. Rest assured, it is not our "conduct" which brought the wrath of Judge Grubbs upon us. Perhaps the following undeniable facts will correct your misperception.

1. LMHA, a non-profit corporation, was dissolved the year before CAN 02-1-04560-42 was filed against us.
2. Under Georgia law, a dissolved (or deceased) corporation can only sue to recover or dispose of assets.
3. The suit against us was an injunctive relief suit, which is not allowed under the law.
4. We have never conducted any business or contracted with LMHA.
5. Richard Calhoun, an attorney with the firm Brock and Clay, presented a pleading admitting he sued under the wrong name, which was ignored by Judge Grubbs. This admission voids the entire lawsuit under Georgia law.
6. Our deed is not subject to any covenants and restrictions.
7. The second Plaintiff, LMTHA, is a profit corporation created by me and my wife approximately 19 months prior to CAN 02-1-04560-42's filing.
8. We are the sole incorporators, founders, shareholders, officers, and owners of LMTHA, a fact Judge Grubbs acknowledged in her void Final Order against us, dated April 15, 2003.
9. Ronald L. Cannon illegally obtained an insurance policy in the name of LMTHA, using our corporate name with his home address. He knowingly used our corporation's identity in order to obtain thousands of dollars of legal fees from Nationwide.
10. Nationwide has been made aware of the insurance fraud depicted above, but has refused to respond to our inquiries.
11. Insurance Commissioner John Oxendine refused to take any action regarding the insurance fraud against our corporation.
12. Shortly before our trial, Judge Grubbs willingly participated in illegal ex parte communications at a Cobb Chamber of Commerce breakfast, with two men claiming to be members of LMHA.
13. One of these men admitted he participated in the conversation about our lawsuit with his friend Judge Grubbs.
14. District Attorney Pat Head witnessed this conversation.
15. This ex parte communication violates Canon 3 of the Code of Judicial Conduct and strips Judge Grubbs of further jurisdiction in the case.
16. Judge Grubbs refused to recuse herself, while not denying the conversation occurred.
17. Judge Grubbs denied us a jury trial.
18. Judge Grubbs denied our right to fully present our improper party plaintiff defense, violating due process.
19. Richard Calhoun testified in open court his submitted billing records were true and correct.
20. Each and every page of the aforementioned billing records identified LMTHA as the client.
21. No page of the billing records identified LMHA as the client.
22. Despite her acknowledgement that we own LMTHA, Judge Grubbs, awarded attorneys' fees (now amounting to over $47,000) against us, to be paid to our own corporation.
23. At no time did LMTHA hire any attorney for any purpose.
24. At no time did LMTHA sue us.
25. The court record contains a Legal Notice, filed and sworn by the true officers of LMTHA, indicating the corporation did not sue us.
26. LMTHA's Legal Notice indicates any alleged debt, owed to the corporation by me or my wife, has been fully satisfied and is absolved.
27. This year, Richard Calhoun has filed two false sworn affidavits in support of garnishment actions against us. In his false affidavits, he intentionally identified LMTA as a party.
28. LMTA has never sued us and does not hold a judgment for attorneys' fees against us.
29. Judge Pamela South, of the State Court of Gwinnett County, knowingly violated the law in awarded a garnishment of my salary in the name of LMTA, although she was well aware LMTA did not hold a judgment against us. Delta Air Lines, Inc., my employer, knowingly sent the requested funds, despite its possession of the conflicting pleadings submitted by Calhoun and the order signed by Judge Grubbs.
30. Judge Grubbs, through Clerk of Court Jay Stephenson, knowingly ordered a garnishment of our bank account, in the name of LMTA, although she was intimately familiar with the true names of the parties noted on her void Final Order. BB & T knowingly sent the requested funds, despite its possession of the conflicting pleadings submitted by Calhoun and the order signed by Judge Grubbs.
31. The two garnishment orders noted above constitute an illegal taking of thousands of dollars from our assets.
32. In CAN 04-1-00020-33, Rice v. Cannon Chief Judge James Bodiford improperly transferred the case to Judge Grubbs, wrongly stating that the case was between the same parties and contained the same allegations as LMHA and ACC of LMTHA v. Rice. Not one of our counts against Cannon was adjudicated in that case. Cannon was not a party to that case.
33. We filed a Petition for Writ of Prohibition against Judge Grubbs. In that case, she allowed her prejudicial view of our case against Cannon be published in a pleading and repeated in open court.
34. The Attorney General of Georgia wrote, on Judge Grubbs' behalf, the Cannon case is frivolous. Her prejudicial statement was published in the court record prior to any pleading or hearing on the merits. This constitutes an prejudicial public comment about a case pending in her court. This is yet another violation of the Code of Judicial Conduct which strips her of jurisdiction.
35. On November 7, 2006 we appeared before the Georgia Supreme Court in the Prohibition matter because it was illegally dismissed by Judge Arthur Fudger in the absence of all jurisdiction. This hearing can be viewed at Judicial Corruption

No, it was not OUR conduct that placed us in our current legal situation. The truth and the law are on our side. It is the ministers of the law whose conduct has violated every tenet of rights and freedoms upon which this country is supposed to be based.

I welcome your comments, Mr. or Ms. username withheld, Marietta, GA. However, in the future please do as we do and identify yourself. If you had any semblance of honor and integrity you would do so. Although I do not purport to give anyone legal advice, I am hereby requesting you cease and desist your actions of what I term cyber stalking my wife. Your recent actions bear varying aliases and occasionally a notation of username withheld, like in this occurrence. However, it is obvious, even to the casual observer, that your frequent comments bear a similar writing style, regardless of the alias used or if your name is withheld.

One final point, I know plenty of victims of Judicial Misconduct who do not feel our legal system is the "envy of the world."

Ephesians 6:12

"For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places."


"In a time of universal deceit, telling the truth is a revolutionary act." George Orwell

Andy Rice
Lieutenant Colonel, USMC, retired
A Constitutional Natural Person
Without Prejudice U.C.C. 1-207


Posted Nov 26 2006 8:41PM CET
 
  Andy Rice (View Profile)
White, Georgia
 
5. Our judicial system is the envy of the world.  
  Only those fearing exposure for misconduct, fear testifying under oath to the truth. If you have done nothing wrong you have nothing to fear.

Millions of law abiding, God fearing, good people have confidence in the rule of law and our judicial system which is the envy of the world. If this isn't as good as it gets, it's because you don't like the result you got. That doesn't mean it wasn't fair.

Many people unhappy with their court decision, or sitting in jail for their conduct feel they were dealt a bad hand, victimized by the unfairness of system and/or the courts, when in fact, it is their decisions and their conduct that has resulted in thier difficulties with the law.

Accepting personal responsibility and accountability goes a long way.
Posted Nov 25 2006 11:31PM CET
 
  Username withheld
Marietta, Georgia
 
4. I wouldn't doubt you have a vested interest in silencing those that speak the truth and use the courts to shut them up!  
  Name Witheld, Marietta, Georgia

Either your comment is very niave about a broken system co-opted by the developers and other related corporate industry insider types or your an adversary of the HOA reform movement (or a pro-housing industry scam artist/lawyer/enforcer).

This type of abuse of process goes on all the time in the wonderful world of litigation. I wouldn't doubt you have a vested interest in silencing those that speak the truth and use the courts to shut them up!

Maybe someone should hit you with a SLAPP-suit and see how you like the twistedness of the system??? These cases average 3-13 years with most being settled before reaching a jury. Industry friendly judges help these cases drag on because they know most juries award to the targets in them (defendents)....
Posted Nov 25 2006 7:44PM CET
 
  Username withheld
, Texas
 
3. Ms. Rice will face the same consequence  
  The judicial system depends upon the testimony of non parties. If Ms. Rice has done nothing wrong, published nothing false, "reported in a fair and balanced" way she should have no fear of appearing in Court like every other honest citizen to provide sworn testimony.

Ms. Rice has made the Wright's business her business, put her dog in their fight and is now called to Court explain her actions.

Ms. Rice has plenty to say here, so let her say it under oath. If she chooses to refuse, she will face the same consequence of any other person who refuses to answer under oath for their statements.
Posted Nov 24 2006 11:02PM CET
 
  Username withheld
Marietta, Georgia
 
2. We will expose all in our SLAPP suit and then appeal to a federal court!  
  Taffy,

Welcome to the horrible world of SLAPP-suits. We are in one at year two and the cost is now at about $170,000. against us. This is in a court connected to this development company via the chief county judge and his appointed under-judge hearing the case. I'm sure no quarter will be given us, but we will expose all and then appeal to a federal court!

Good luck and happy hunting for justice! We will pray for you as they prey on us (U.S. corporate predators--help stop them NOW).
Posted Nov 24 2006 12:42AM CET
 
  Username withheld
, Texas
 
1. WARNING to those considering hiring a lawyer for litigation. litigation is ugly.  
  WARNING to those considering hiring a lawyer for litigation. litigation is ugly. It's dirty. It's a conniving game. This is only a small sampling of the people's lives that are destroyed due to getting sucked up into the litigation vortex.

Even IF you win, after many years, the damage that has been done to your psyche, emotional and physical health, may be irreperable. Even IF you win, you may never be the same again. And what WILL you get if you win? It doesn't mean you will get your fees paid if you win. What WILL the damages be? Your life as you know it may never be the same.

It's not worth it!! Our justice system is so badly broken, leaving many broken lives in its wake.
Posted Nov 22 2006 5:03PM CET
 
  Username withheld
, ot
 
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