News Release – 7/19/2022
Breaking News: Response and Amendments Directed to Chief Judge Matthew B. Durant of the Utah State Supreme Court in Behalf of Barbie & Ken Cromar vs Goliath IRS
Community Support Foundation
PO Box 139
Logan, Utah 84323
Barbie & Ken Cromar vs Goliath IRS, et al
Late in the afternoon of Monday July 18, in the Utah Court of Appeals, a Response and Amendments to Barbie & Ken’s cases was filed in the Appellate Court, with specific direction for sending the documents to Chief Judge Matthew B. Durant of the Utah State Supreme Court.
Four key violations of LAW have been used by the courts to deny the Cromars Justice:
- Many foundational mistakes were made in the criminal case against the Cromars, which voids their cases,
- A civil case was morphed into a criminal case, which is illegal,
- The courts have systematically bullied the Cromars out their access to the court record, their Counsel, AND any remedy to their cases;
- The courts have abused judicial authority in an attempt to control the narrative and tamper with witnesses and the jury.
URAP RULE 19(a) PETITION FOR EXTRAORDINARY WRIT TO A JUDGE
Dean Marshall Spencer, Authorized Person, in behalf of Allegedly Disabled of the above said Cromars – Applicants applies to the Appellant Court Clerk under Rule 19(a) addressed to Chief Justice Matthew B. Durrant with this answer to the response by and through Counsel Stacey R. Haacke as an Amended Application.
In her response Haacke claims the Cromars were devoid of reference or relevance of court records. Haacke noted the criminal case pending in the trial court and attached the affidavit of Probable Cause. Yet Haacke fails to note in Addendum B that three (3) other affidavits were filed. (Officer Quinn Adams Affidavit, the affidavit/declaration filed on 9/27/2022 and the corrected affidavit filed on 9/27/2022).
Haacke boldly declares, “the Cromars were evicted from their home after the federal government forced the sale of their home to collect a tax debt.” Yes!, a “tax debt” that was never proven in court. Ironically, this is the very point the Cromars have been trying to highlight in each court through Judicial Notices to the courts, but have been blocked from doing so. It is Haacke who is wholly devoid of reference to, nor provides the inclusion of relevant portions of the court record that would support any of … Haackes’ ‘tax debt’ claims in the response, and the conclusion of this answer to Haackes response, is Abuse of Process and Judicial Authority. Haackes makes a determination, and thus an admission, that the case against the Cromars is a civil matter and not a criminal matter.
Haacke further states, “At the pretrial conference held on June 2, 2022 the minutes of the hearing on the case docket indicates the public defender, Ms. Lisa Estrada, had concerns with going forward with the trial and stated that she may file a petition for competency. No such petition was filed.”
Haccke also states, “Although self-represented litigants are allowed leniency… they are held to standards that allow opposing parties to adequately respond.” However, starting with Judge Robert J. Shelby’s declaration that the Cromars are ‘Abusive Litigants’ on 8/28/2018 and the restrictions placed on the Cromars from filing additional motions or other documents without first obtaining written permission from the court [Civil Docket For Case # 2:17-cv-0123-RJS Item #74], which was parroted by Judge Christine Johnson, who declared the Cromars to be Vexatious Litigants, with similar restrictions, and then again parroted by Judge James M. Brady in the unresolved related case Copper Birch Properties v. Cromars Case # 200400972, (and also now with similar denial of remedy by US District Court Judge David A. Barlow case 2:20-cv-00224-DBB and 2:20-cv-00625-DBB) the Cromars have been Denied Leniency and Remedy through the Wrongful Use of Judicial Authority or a Failure to Comply with Duty. Basically, the courts have preferred to bully Barbie & Ken in submission with legal technicalities, rather than make the pursuit of equal justice their only goal. The restrictions placed upon the Cromars have been intentionally used by the court to ignore, evade, refuse and to reject the Cromar’s Constitutional Common Law Appeals and Remedies, all of which is an Abuse of Process. In other words, the Cromars have been blocked from access to Justice. For example:
Merged Civil Action Ties With Cromar Criminal Case
The Violation of Utah Code 68-3-4 Civil And Criminal Remedies Not Merged (Meaning Civil and Criminal Cases Cannot be Merged) began with Judge Robert J. Shelby’s Case # 2:17-cv-0123-RJS where in Judge Shelby recognized Copper Birch Properties, LLC as a Movant, without standing, in that case.
While under an Appeal with the Tenth District Court [Civil Docket For Case # 2:17-cv-0123-RJS Item #112 5/17/2019], the Defendants discovered an ex parte Application for Writ of Assistance had been made by a “Copper Birch Properties, LLC”, hereinafter “Copper Birch”, who had made the application for a Writ of Assistance in the court without any factual involvement in the civil action and without personal involvement in the IRS auction sale of the property, which was made to a “Nathan Eddington”, not “Copper Birch”. According to established IRS procedures Eddington should have forfeited his $31K when he failed to meet the terms of the auction sale within 30-days.
For some unexplained reason Copper Birch asked the district court to enforce a “private sale” of property to Copper Birch under Title 28 USC Section 2001(b) without conducting any hearing in the courtroom as required by law thereunder, as ruled by the 10th Circuit Court of Appeals in the dispute on appeal.
On September 10th, 2019 the Internal Revenue Service conducted an auction of the Cromar property located at 9870 N. Meadow Drive, Cedar Hills, Utah 84062-9430 (hereinafter, “the property”). By the sworn Declaration of Gary Chapman, IRS Property Appraisal and Liquidation Specialist, made on March 4, 2020 (Civil Docket Item 117 Attachment #1 Declaration of Gary Chapman), the winning bidder, a “Nathan Eddington”, then failed to make the required 10% deposit of the winning bid of $330,000, depositing only $31,000 on September 10th, 2019 in violation of the applicable and controlling “Terms of Sale” as published by the U.S. Treasury.
Mr. Eddington then failed to pay the balance of the purchase price as required within 30 days of making the winning bid, in violation of the applicable and controlling “Terms of Sale” as published by the U.S. Treasury. By the sworn Declaration of Gary Chapman, IRS Property Appraisal and Liquidation Specialist, made on March 4, 2020 [Civil Docket Item 117 Attachment #1 Declaration of Gary Chapman], the balance of the payment owed by Mr. Eddington was received by Mr. Chapman on January 21, 2020, over 130 days after the September 10th, 2019 auction, failing the 30 day purchase-contract fulfillment requirement.
Copper Birch fraudulently claimed in its application for the Writ of Assistance, to have been the “winning bidder” at the IRS auction on September 10th, not “Nathan Eddington”, directly contradicting the factual record of this civil action (Civil Docket For Case # 2:17-cv-0123-RJS Item 117) and also contradicting the testimonial Declaration, sworn under penalty of perjury, of IRS Specialist Gary Chapman who conducted the IRS auction and whose sworn Declaration was used by this court as the basis for finalizing the sale and distributing the sale proceeds.
In stating a false pretense and making the fraudulent claim of being the winning bidder at auction, as an alleged foundational fact to the application for the Writ, in order to try and manufacture an otherwise non-existent legal standing in the court and civil action, the applicant absolutely strips the federal district court of its ability to legally establish and take a jurisdiction of the district court over the Application, necessary to act on the Application for the Writ in any manner other than to deny the Application for false pretenses.
COPPER BIRCH HAD NO STANDING: The US District Court kicked Copper Birch’s Application for Writ declaring “Lack of Standing” to file in this case NOT related to them. By failing to truthfully explain how they allegedly have come to have a legal claim to the disputed property, Copper Birch fails to establish, and therefore lacks, legal standing in the civil action to seek the assistance of the federal district court through the Application for a Writ of Assistance that has been made, because they have not properly established that they have any legal interest in the Title, neither as a result of any “private sale”, nor as a result of the public auction that was conducted and won by “Nathan Eddington”, not Copper Birch, – and where Eddington failed to meet the terms and requirements for completion of the auction sale, i.e.: by first making a full 10% deposit of the purchase price on the day of the auction, and then subsequently failing to make full payment of the purchase price within 30 days of making the winning bid at auction), thus coloring, and making fatally defective, his (Eddington’s) claim to any deed or title based on the IRS auction.
By the language used by Copper Birch in its pleading for an Application for a Writ, stating that promises were made to Copper Birch by counsel for the United States Ryan Watson, it appears that the plaintiff United States improperly has secretly and improperly abandoned the results of the IRS public sale at auction, won by “Nathan Eddington”, not “Copper Birch”, and have replaced that public auction result with a “private sale” of the property to Copper Birch in violation of Title 28 U.S.C. Section 2001(b) which requires a hearing be conducted in the court before any private sale is made.
No Hearing, No Sale! – No such hearing was ever held in this civil action, and no such court Order for any “private sale” was ever issued by the court, which is a violation of the required legal due process of a hearing, and of the required legal process, demanded by the statute that was invoked by this court itself as applicable and controlling. Without the due process of the statutorily required hearing, the “private sale” to Copper Birch is void.
The statute further requires that “notice to all interested parties [of the hearing] shall be given” before the Order of the Court may issue. Again, no such statutorily required hearing, prerequisite to any “private sale” of the property, was ever scheduled, held, or conducted by the federal district court; – and no such required Notice was ever issued or given to any defendant in the litigation, or any other person or party with real interests in the property and its ultimate disposition and disposal by the court.
The conclusion that an unlawful “private sale” of the property has been conducted in violation of this law is certainly demonstrated and is factually supported by Copper Birch’s demands that the United States be the party that refunds their purchase costs, and not “Nathan Eddington”. By this demand of Copper Birch, it is clear that Copper Birch did not buy the property or acquire title or deed to it from “Nathan Eddington.” As provided by counsel Nathan S. Dorius within his ex parte filing he provides a April 27,202 at 10:52:28 am EMAIL from “BRE? Belliston” [Brett Belliston of Copper Birch Properties LLC] to “Gary Chapman” [IRS auctioneer / PALs], which was CC’d to “Nathan Dorius, Ryan Watson, John R. Barlow, Ty B, Doug Gilmore [who was served a Subpoena but dishonored himself by not appearing at trial as required by law], and Bucky Gay”, his complaint and apparent ultimatum:
“Gary and Ryan,
“…At this point we would like to know
“1. Will you do anything to not only provide clear title but ensure that we have clear access to the property through restraining orders and other legal remedies as needed?
“2. Return our funds if the government cannot take care of this as we have been told you would?’ (See 2:17-cv-123-RJS Document 122 – Page 17 of 54)
SOMEBODY AIN’T TELLING THE TRUTH: By this demand of Copper Birch, it is clear that Copper Birch did not buy the property or acquire title or deed to it from “Nathan Eddington”, or they would be seeking a refund of their funds in Utah State court from Mr. Eddington, and not in federal district court, from the original plaintiff “United States of America”.
The demand made by Copper Birch, that the United States and Ryan Watson refund the failed purchase price to Copper Birch, is clear evidence that an unlawful ex parte “private sale” has been secretly conducted by attorney Ryan Watson and the plaintiff United States (without a “due process” hearing as required under Title 28 U.S.C. Section 2001(b)), in place of the public auction that was won by Nathan Eddington on September 10th, 2019, and not Copper Birch.
Therefore if a “private sale” has indeed been unlawfully perpetrated by the United States and Ryan Watson, in place of the IRS’ public auction conducted by IRS Specialist Gary Chapman, then the federal court lacks jurisdiction to enforce the secret unlawful private sale for lack of the due process of a hearing as required under IRC Section 2001(b), as just held by the Tenth Circuit Court of Appeals.
On the other hand, if IRS Specialist Gary Chapman’s sworn Declaration that “Nathan Eddington” won the IRS auction on September 10th, 2019, is false, then the entire auction sale and result are impeached and rendered void for fraud by virtue of his false Declaration made on the record in the federal district court at Civil Docket Item 117 Attachment #1 Declaration of Gary Chapman, filed with the court on March 4th, 2020, and sworn to under penalty of perjury.
URCP Rule 11. Signing of pleadings, motions, affidavits,
and other papers; representations to court; sanctions
On May 29, 2020 a Notice of Appearance by Nathan S. Dorius on Behalf of Copper Birch Properties was Entered (Civil Docket for Case # 2:17-cv-01223-RJS Item # 121) followed by the ex parte Motion for Writ of Assistance in support of Copper Birch Properties (Item #122). A Notice of Appearance by Andrew V. Collins on behalf of Copper Birch Properties as also entered (Item #123).
As part of Motion for Writ of Assistance, Nathan S. Dorius provided a “deed to real property” signed and sealed by Andrea Ventura Advisory Manager, Southwestern, on behalf of the Director, Southwestern Area Collection of the Internal Revenue Service as duly authorized delegate of the Department of the Treasury, on April 24, 2020 as grantor and Copper Birch Properties, LLC as grantee. (Civil Docket for Case # 2:17-cv-01223-RJS Item # 122 Exhibit A Page 10 of 54) The document was notarized on April 23, 2020 the day prior to the said signing of the “deed to real property.”
DOES ANYONE TRUST THE IRS?: Andrea Ventura witnessed stating, “WHEREAS, the United States District Court for the District of Utah, in a judicial order of sale entered on March 20, 2019 in the case of United States of America v. Paul Kenneth Cromar, et al. Defendants, ordered that the subject property located at 9870 N. Meadow Drive, Cedar Hills, Utah 84062-9430, the hereinafter described real property sold in order to pay delinquent Internal Revenue income tax liabilities assessed against Paul Kenneth Cromar. AND WHEREAS, the said property sold on September 10, 2019, to Copper Birch Properties, LLC, for the sum of $331,000.00, the receipt of which is hereby acknowledged, does grant, bargain, and sell to Copper Birch Properties, LLC all rights, title and interest in the real property, in Cedar Hills, Utah County, State of Utah.” (The Deed is in Complete Contradiction to the Sworn Statement of Gary Chapman – Civil Docket Item 117 Attachment #1 Declaration of Gary Chapman)
Nathan Dorius also provided a Declaration in Support of the ex parte Application for Writ of Assistance dated May 29, 2020 (Civil Docket for Case # 2:17-cv-01223-RJS Item # 122 Exhibit B Pages 13-15 of 54). In his declaration, under criminal penalty, Dorius stated, “On or about April 30, 2020, Copper Birch began working with [Ryan S.] Watson [US Department of Justice], the American Fork Police Chief, and the Utah County Sheriff to enforce Utah’s criminal trespass law and remove the Cromars and other occupants from the property to deliver possession to Copper Birch. Despite many broken commitments to help remove the Cromars from the Property, the local law enforcement ultimately refused to take any action to remove the Cromars from the property, asking that Copper Birch instead work with the federal government to resolve the situation. The federal government refused to take action to remove the Cromars, requesting Copper Birch instead to work with local authorities to resolve the situation… To date, the Cromars continue to defy the Court’s Order of Foreclosure and Order Confirming Sale and remain in unlawful possession of the Property, the local law enforcement and the U.S. government representatives are refusing to forcibly remove the Cromars and deliver possession to the Property to Copper Birch despite the Court’s Order of Foreclosure and Order Confirming Sale and despite the multitude of pleas from Copper Birch to assist them in gaining possession of their Property.” (A CIVIL MATTER)
FILING FRAUDULENT CLAIMS ON THE COURTS? On July 13, 2020, Copper Birch Properties filed a complaint in the 4th District Court – Provo, Utah County, State of Utah Case # 200400972, wherein Copper Birch Properties LLC failed to apply for a Writ of Execution in the state courts as per URCP Rule 64(E) Writ of Execution, chapter (e) Governed by Title 78B, chapter 6 part 9, and without lawful judgement or lawful order, filed civilly as an unlawful detainer as governed by the above said rules under 78B – 6 -802, thus placing Nathan S. Dorius and Andrew V. Collins of MITCHELL BARLOW & MANSFIELD under violation of URCP Rule 11 sanctions; by the court for representation to the court that to the best of a person’s knowledge for improper purpose, such as to harass or cause unnecessary delay or needless cost of litigation and/or frivolous claims, or other legal contentions, not warranted by existing law. Therefore, the allegations and other factual contentions have (no) evidentiary support or, if specifically so identified, are likely to have (no) evidentiary support after a reasonable opportunity for further investigation or discovery.
On August 21, 2020, Judge Robert J. Shelby ORDERS the unsealing of the Copper Birch Properties ex parte Application for Wirt of Assistance (Civil Docket for Case # 2:17-cv-01223-RJS Item # 135 – It is hereby Ordered that the following documents be Unsealed, document numbers 122, 124, 125, 126, 129,and 131).
THE BULLIES PILE ON: On October 28, 2021, Utah Fourth District Court Judge James Brady made a Ruling Entry – SUA SPONTE VEXATIOUS LITIGANT ORDER (4th District Court – Provo, Utah County, State of Utah, Case #200400972) “The Court has been made aware that a vexatious litigant order was filed in case 201402860 on September 22, 2021 as docket item 264 by Judge Christine Johnson. That vexatious litigant order found that the defendant Paul Kenneth Cromar is a vexatious litigant and requires that any pleading submitted on his behalf must be submitted by qualified legal counsel in that case. Pursuant to rules 83(b) and 83(j), based on the findings in case 201402860, this court also finds Paul Kenneth Cromar to be a vexatious litigant and orders that in this case, the defendant Paul Kenneth Cromar may not file any pleadings with the court except through qualified legal counsel. Any pleadings filed that are not in compliance with this order may be stricken by the court.” (Judge Christine Johnson’s Influence is a Violation of Utah Code 68-3-4 Civil And Criminal Remedies Not Merged – No Remedy is Available – Wrongful Use of Judicial Authority or Failure to Comply With Duty)
Wrongful Use of Judicial Authority or Failure to Comply With Duty – Conflict of Interest
It has been repeatedly alleged that the real property belonging to the Cromars was sold in order to pay delinquent Internal Revenue income tax liabilities assessed against Paul Kenneth Cromar. Many of the rejected filings by the Cromars included evidence from the Commissioner of the IRS showing that the case against the Cromars was dismissed because “no notices of deficiency or notices of determination had been issued” to the Cromars for the years 1990 to 2020. Thus in a rare admission, the IRS agreed that the Cromars never owed any income taxes from 1990 through 2020 due to lack of the lawfully signed Notices of Dificiency and Notices of Determination!
On April 15, 2020 Judge Robert J. Shelby signed an Order Confirming Sale and Distributing Proceeds (Civil Docket for Case # 2:17-cv-01223-RJS Item # 119) which stated, in part, “IT IS FURTHER ORDERED THAT the proceeds of the sale on September 10, 2019, of the property shall be distributed by the Clerk of the Court as follows:
- First, by check made payable to the ‘Internal Revenue Service’ in the amount of $683.80for costs of sale, mailed to Internal Revenue Service.
- Second, by way of check made payable to ‘Utah County, Utah’ in the amount of $2,114.49, as of March 3, 2020 plus an additional $0.44 for each day past March 3, 2020 mailed to Utah Count Treasurer.
- Third, by way of check made payable to the ‘United States Department of Justice’ with ‘United States v. Cromar, et al., Case No 2:17-cv-01223’ written in the memo field, in the amount of the remaining proceedsfrom the sale, mailed to Department of Justice.
It is unclear as to how much of the $31,000.00 deposit from Nathan Eddington’s winning bid of $330,000.00 or the alleged sale price to Copper Birch of $331,000.00 was actually paid to the Department of Justice. Nor do we know how much of the proceeds from the sale of the Cromar home was actually paid against the Cromar’s non-existent tax lien. Nor have the Cromars been able to get an accounting from the IRS on their current balance of “claims” if any against Barbie & Ken.
FOLLOW THE MONEY: What is most troubling is that the Department of Justice, as indicated in the referenced Order, is the recipient of the remaining proceeds and it was the Department of Justice who brought the alleged tax claim against the Cromars in the first place. That fact certainly shows there has been a huge conflict of interest in the prosecution of these cases and a full accounting is required, including but not limited to a current and official declaration by I.R.S. to the current balance (including but not limited to all debits and/or credits that manifest a current accounting) for each Paul Kenneth Cromar and Barbara Ann Cromar..
Reckless Breach of Duty: Sadly, Every Effort has been Employed by the Officers and Judges, in which the Courts have participated in Abuse of Process and in the Wrongful Use of Judicial Authority or Failure to Comply With Duty to Obfuscate, Hide, and Conceal Fraud Upon, In and Of the Court.
REQUESTED RELIEF:
All Charges and complaints against the Cromars need to be dismissed with prejudice along with full and immediate restoration of their home and property including an appropriately more dramatic ceremonial escort back into their home/property, than was the dramatic and unlawful public humiliation of “75-man SWAT” of September 24, 2020, complete with 2 helicopters, 2 MRAPs and snipers commandeering and terrorizing an otherwise peaceful neighborhood, wherein the Cromars were falsely arrested and dishonorably and without lawful cause falsely accused of burglary of their own home, and their public honor irreparably trespassed and damaged beyond perfect restoration. Barbie & Ken should also be awarded damages and punitive damages to guarantee that this kind of abuse will not be tolerated in Utah and against men and women of Utah, and sanctions should be given to those who have failed to uphold their Oaths of Office in the interest of justice. – Justice demands it! (AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 / Utah Rules of Civil Procedures Rule 65B)
Put An End To The Charade
We the People and filers of the Friend of the Court Brief in defense of the Cromars demand, IT’S TIME TO END THE CHARADE! and recognize that kangaroo court actions have made VOID all of the claims against Barbie & Ken (a living and breathing man and woman who stand only under God and the Supreme Law of the Land) and that this for-profit CORP court (EIN #87-6000545 & DUNS #009094301) has no lawful jurisdiction over them as non-corporations – a living man and woman with God-given, Constitutionally guaranteed un-a-lien-able rights.
The Community Support Foundation publicly acknowledges the TRAVESTY OF INJUSTICE, so grossly displayed in the case against Barbie & Ken Cromar and reminds everyone that:
“Together, we stand to urge the Court to rule in favor of the Defendants, by moving to satisfy any claims, dismiss this case with prejudice, and facilitate a process that will restore them back to their home immediately, and reconfirm the belief that communities are bound together by a common unity in principles, such as the “Principles of Good Business©,” and that “good conduct” is a mandatory requirement by the courts and community at large.” – Where there is smoke, there is fire!
May GOD bless Barbie & Ken in their cause of Liberty and Justice for All.
Follow the Cromars’ progress here: www.MiraclesInGodWeTrust.com/BarbieandKenvGoliathlRS/ and more detailed stories at www.CedarHillsCitizens.org
Tom Fairbanks
Community Health Advocate
Community Support Foundation
(435) 512-1053
thfairbanks@gmail.com
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