September 13, 2005 ©Homer Kizer

Commentary — From the Margins

Less than Upright

On April 28, 2004, late in the afternoon, four men hastily signed an Assignment of Land Contract and Purchasing Agreement written by Norman Scott Edwards. The four men represented themselves to be the “Port Austin Sabbatarian Church Community, a Sacred Purpose Trust,” and in his drafting of the document, Edwards identified each man as a trustee of this sacred purpose trust named, Port Austin Sabbatarian Church Community. This is the name of the trust. Everything behind the comma following “Community” is a non-restrictive or non-essential modifier that adds a little information, but isn’t essential for meaning to be taken from the sentence. And a trust by the name Port Austin Sabbatarian Church Community had to exist on April 28th, or Edwards drafted and caused to be filed at Liber 1048, page 223, in Michigan’s Huron Country a fraudulent document. This was the determination of Judge Kraus in the legal actions brought by Edwards on behalf of Hillview Water and Sewer Coop against myself, Homer Kizer, and against Philip Daniel Frankford, one of the named trustees.

The actions, heard in open court in Bad Axe, Michigan, on September 7, 2005, were ultimately not about water and sewer billings. They were about the behavior of Sabbath-keeping Christians who represent themselves as disciples of Christ Jesus. Yes, they were about whether services were received, and who was responsible to pay for these services, and who had the authority to collect for these services. But the actions would have been unnecessary if all parties had walked uprightly before God.

The action against myself was dismissed as having been brought without cause—I was not the responsible party and Edwards had identified me as not being the responsible party before he filed the action. He filed out of apparent malice, and the action was dismissed with Judge Kraus telling Edwards, “The State of Michigan does not like the language of this letter.” Judge Kraus was referring to the Edwards’ letter to me dated January 25, 2005, the letter in which Edwards writes, “This vagueness was intentional.” From what Judge Kraus told Edwards, the State of Michigan also doesn’t like Edwards’ deceit, about which I have previously written.

I am not, however, a signatory party to the Purchasing Agreement signed April 28, 2004. Philip Frankford and Norman Scott Edwards are two of the four men. And the open court session began with Frankford trying to convince the court that he had not been notified of the trial date until the previous evening—the court had a tape of it informing Frankford of the trial date two week previous. If pressed, the court could have produced a recording of it telling Frankford on July 27th that his trial was rescheduled to September 7th. So Judge Kraus told Frankford that he was extremely disappointed by him…how disappointed was Christ Jesus?

When Edwards was unable to make his case, the court called me to the stand, questioned me, and dismissed the action. The court then questioned Edwards under oath in its determination of whether any contractual authority to bill for water and sewer services descended from the developer, the 754th Corporation, who clearly had those responsibilities in 1996, to Hillview Water and Sewer Coop. Edwards could not show any contractual authority. None exists. But Edwards’ usurped authority descends through the Purchasing Agreement of April 28th, and the revised Purchasing Agreement of September 17, 2004, recorded at Liber 1073, page 62, in Huron County. Both documents were entered into evidence.

Judge Kraus noted that the revised Purchasing Agreement was made by a different trust than the one named Port Austin Sabbatarian Church Community, and having Paul Douglas Drieman, Norman Scott Edwards, Philip Daniel Frankford, and Terry Monte Williams as trustees. The revised Purchasing Agreement was made between the Eternal Life Bible Institute, a Minnesota corporation (ELBI), and the Port Austin Sabbatarian Church Community Sacred Purpose Trust (PASCCSPT), with Norman Scott Edwards as sole trustee. Judge Kraus asked Edwards where the releases were for the other three men signing away their property interests conferred to them as trustees of the Port Austin Sabbatarian Church Community. Of course, there are no releases. Judge Kraus then said that it appeared to him as if Mr. Warwick Potts for ELBI and Mr. Edwards planned and acted together to remove the other three men. Edwards said, “No, the idea was mostly mine.” Judge Kraus asked if, perhaps, Edwards had made a mistake in filing the revised Purchasing Agreement. Edwards said, No, he had the counsel of three attorneys.

Perhaps Edwards doesn’t yet realize to what he admitted under oath. He admitted to filing a fraudulent document on April 28th, 2004, and to filing a second fraudulent document on September 17th, 2004. He admitted to doing so after obtaining professional advice. He admitted to using the name “Coop” in violation of Michigan’s “Cooperative Protection Act.” He admitted to removing three parties from a real estate contract without obtaining releases from the three, and without any form of compensation to the three. And under cross-examination, Mr. Karl Krull admitted to being an employee of Edwards. He neither received a W-2 form, nor had taxes withheld from his wages—Edwards claims his Coop is not a business and therefore doesn’t need to have a business license, or an EIN, or to withhold taxes.

Four Sabbatarians came together to conduct a ministry at Port Austin, Michigan. One tried to lie to the court. Another defrauded the other three, and filed a court action he should have known was clearly wrong to file.

Is this the legacy of the Churches of God? It seems to be, for many Sabbatarians continue to support liars and thieves that posture as ministers of righteousness—and I haven’t yet reached into the greater Church where lawlessness is taught as a principle tenet of faith.

If we cannot clean our own house, how can we expect anyone to hear our words about walking uprightly before God?

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